New York Laws
Title 23 - River Improvement
15-2307 - Construction Contracts.

1. In general all construction work shall be done by contract, but in
the event that the estimated cost of such work, or of a specified
portion thereof, shall not exceed the sum of ten thousand dollars, the
department may, on the recommendation of the Commissioner of
Transportation, authorize the Commissioner of Transportation to do such
work or part of such work by day's work under his direction. The
department may prepare contracts, plans and specifications for doing
such work and furnishing the necessary materials. The work may be
divided into several parts and a separate contract let for each. Each
contract shall contain a provision that no extra or unspecified work
shall be certified for payment unless such work is done pursuant to
written order of the department. The form of such contract shall be
approved by the Attorney General. Contracts shall be executed in
triplicate by the department on behalf of the district.

2. Bids or proposals for any such work shall be called for by
publishing a notice thereof once a week for two successive weeks in a
newspaper published in each county affected by the proposed works which
the department shall select and in such other papers as the department
shall direct. The advertisements shall be limited to a brief description
of the work proposed to be let with an anonuncement stating where the
maps, plans and specifications are on exhibition, of the terms and
conditions under which bids will be received, the time and place when
the same will be opened and such other matters as may be necessary to
carry out the provisions of title 23 of this article. The department is
authorized to furnish copies of such contract plans and specifications
to prospective bidders at a price which it shall find to be reasonable
and to pay the funds so received into the river improvement district
fund. Every bid or proposal must be in writing and be accompanied by a
money deposit in the form of a draft or certified check upon some
national or state bank or trust company within the state in good credit
and payable at sight to the department for five per cent of the total
amount of the proposal. In case the proposer to whom such contract shall
be awarded shall fail or refuse to enter into such contract within the
time fixed by the department, such deposit shall be forfeited to the
department and paid by it into the river improvement district fund;
otherwise such deposits shall be returned. The proposals received
pursuant to the advertisement shall be publicly opened and read at the
time and place designated. The department may reject any and all bids
and re-advertise and award the contract in the manner herein provided
whenever in its judgment the interests of the district will be enhanced
thereby.

3. No contract, the total of which exceeds by more than ten per cent
the gross cost of the work as estimated by the department shall be
awarded. The contract shall be entered into with the person, firm or
corporation who shall offer to do and perform the same at the lowest
price and who will give adequate security for the faithful and complete
performance of the contract. Such security shall be approved as to
character and sufficiency by the department and as to form by the
Attorney General and shall be at least ten per cent of the amount of the
estimated cost of the work according to the contract price. If, in the
judgment of the department, the work upon any contract is not being
performed according to the contract, or for the best interests of the
district, it shall have power to suspend or stop the work under such
contract while it is in progress and it shall thereupon become the duty
of the department to complete the same in such manner as will accord
with the contract specifications and be for the best interests of the
district, or the contract may be cancelled and re-advertised and relet

in the same manner above prescribed and any excess in the cost of
completing the contract beyond the price for which the same was
originally awarded shall be chargeable to and paid by the contractor
failing to perform the work.

4. Partial payment for work actually done may be provided for in the
contract and paid in the manner hereinbefore provided to an amount not
to exceed ninety per cent of the contract price. The payments due on
account of any such contracts, or for necessary expense or work in
connection therewith, shall be paid from the river improvement district
fund as hereinbefore provided.