§ 15-1935 — Contracts

§ 15-1935. Contracts.\n 1. The department may prepare contracts, plans and specifications for\ndoing such work and furnishing the necessary materials. The work may be\ndivided into several parts and a separate contract let for each. Each\ncontract shall contain a provision that no extra or unspecified work\nshall be certified for payment unless such work is done pursuant to\nwritten order of the department. The form of such contract shall be\napproved by the Attorney General. Contracts shall be executed in\ntriplicate by the department on behalf of the district.\n 2. Bids or proposals for any such contract work shall be called for by\npublishing a notice thereof once a week for two successive weeks in a\nnewspaper published in each county affected by the proposed works, which\nthe department shall select, and in such other papers as the department\nshall direct. The advertisements shall be limited to a brief description\nof the work proposed to be let with an announcement stating where the\nmaps, plans and specifications are on exhibition, of the terms and\nconditions under which bids will be received, the time and place when\nthe same will be opened and such other matters as may be necessary to\ncarry out the provisions of title 19 of this article.\n 3. The Department of Transportation is authorized to furnish copies of\nsuch contract plans and specifications to prospective bidders at a price\nwhich it shall find to be reasonable. Every bid or proposal must be in\nwriting and be accompanied by a money deposit in the form of a draft or\ncertified check upon some national or state bank or trust company within\nthe state in good credit and payable at sight to the department for five\nper cent of the total amount of the proposal. In case the proposer to\nwhom such contract shall be awarded shall fail or refuse to enter into\nsuch contract within the time fixed by the department, such a deposit\nshall be forfeited to the department and paid by it into the drainage\nimprovement district fund; otherwise such deposits shall be returned.\n 4. The proposals received pursuant to the advertisement shall be\npublicly opened and read at the time and place designated. The\ndepartment may reject any or all bids and readvertise and award the\ncontract in the manner herein provided whenever in its judgment the\ninterests of the district will be benefited thereby. No contract, the\ntotal of which exceeds by more than ten per cent the gross cost of the\nwork as estimated by the department, shall be awarded. The contract\nshall be entered into with the person who shall offer to do and perform\nthe same at the lowest price and who will give adequate security for the\nfaithful and complete performance of the contract. Such security shall\nbe approved as to character and sufficiency by the department and as to\nform by the Attorney General and shall be at least ten per cent of the\namount of the estimated cost of the work according to the contract\nprice.\n 5. If in the judgment of the department, the work upon any contract is\nnot being performed according to the contract, or for the best interests\nof the district, it shall have power to suspend or stop the work under\nsuch contract while it is in progress and it shall thereupon become the\nduty of the department to complete the same in such manner as will\naccord with the contract specifications and be for the best interests of\nthe district, or the contract may be cancelled and readvertised and\nrelet in the same manner above prescribed and any excess in the cost of\ncompleting the contract beyond the price for which the same was\noriginally awarded shall be chargeable to and paid by the contractor\nfailing to perform the work. Partial payments for work actually done may\nbe provided for in the contracts and paid in the manner hereinbefore\nprovided to an amount not to exceed ninety per cent of the contract\nprice. The payments due on account of any such contracts, or for\nnecessary expense or work in connection therewith, shall be paid from\nthe drainage improvement district fund as hereinafter provided.\n