§ 15-2307 — Construction contracts

§ 15-2307. Construction contracts.\n 1. In general all construction work shall be done by contract, but in\nthe event that the estimated cost of such work, or of a specified\nportion thereof, shall not exceed the sum of ten thousand dollars, the\ndepartment may, on the recommendation of the Commissioner of\nTransportation, authorize the Commissioner of Transportation to do such\nwork or part of such work by day's work under his direction. The\ndepartment may prepare contracts, plans and specifications for doing\nsuch 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 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 anonuncement 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 23 of this article. The department is\nauthorized to furnish copies of such contract plans and specifications\nto prospective bidders at a price which it shall find to be reasonable\nand to pay the funds so received into the river improvement district\nfund. Every bid or proposal must be in writing and be accompanied by a\nmoney deposit in the form of a draft or certified check upon some\nnational or state bank or trust company within the state in good credit\nand payable at sight to the department for five per cent of the total\namount of the proposal. In case the proposer to whom such contract shall\nbe awarded shall fail or refuse to enter into such contract within the\ntime fixed by the department, such deposit shall be forfeited to the\ndepartment and paid by it into the river improvement district fund;\notherwise such deposits shall be returned. The proposals received\npursuant to the advertisement shall be publicly opened and read at the\ntime and place designated. The department may reject any and all bids\nand re-advertise and award the contract in the manner herein provided\nwhenever in its judgment the interests of the district will be enhanced\nthereby.\n 3. No contract, the total of which exceeds by more than ten per cent\nthe gross cost of the work as estimated by the department shall be\nawarded. The contract shall be entered into with the person, firm or\ncorporation who shall offer to do and perform the same at the lowest\nprice and who will give adequate security for the faithful and complete\nperformance of the contract. Such security shall be approved as to\ncharacter and sufficiency by the department and as to form by the\nAttorney General and shall be at least ten per cent of the amount of the\nestimated cost of the work according to the contract price. If, in the\njudgment of the department, the work upon any contract is not being\nperformed according to the contract, or for the best interests of the\ndistrict, it shall have power to suspend or stop the work under such\ncontract while it is in progress and it shall thereupon become the duty\nof the department to complete the same in such manner as will accord\nwith the contract specifications and be for the best interests of the\ndistrict, or the contract may be cancelled and re-advertised and relet\nin 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.\n 4. Partial payment for work actually done may be provided for in the\ncontract and paid in the manner hereinbefore provided to an amount not\nto exceed ninety per cent of the contract price. The payments due on\naccount of any such contracts, or for necessary expense or work in\nconnection therewith, shall be paid from the river improvement district\nfund as hereinbefore provided.\n