N.Y. Environmental Conservation Law Section 15-1935
Contracts


1.

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 contract 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 announcement 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 19 of this article.

3.

The Department of Transportation is authorized to furnish copies of such contract plans and specifications to prospective bidders at a price which it shall find to be reasonable. 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 a deposit shall be forfeited to the department and paid by it into the drainage improvement district fund; otherwise such deposits shall be returned.

4.

The proposals received pursuant to the advertisement shall be publicly opened and read at the time and place designated. The department may reject any or all bids and readvertise and award the contract in the manner herein provided whenever in its judgment the interests of the district will be benefited thereby. 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 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.

5.

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 readvertised 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. Partial payments for work actually done may be provided for in the contracts 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 drainage improvement district fund as hereinafter provided.

Source: Section 15-1935 — Contracts, https://www.­nysenate.­gov/legislation/laws/ENV/15-1935 (updated Sep. 22, 2014; accessed Dec. 21, 2024).

15‑1901
Purpose
15‑1903
General provisions and definitions
15‑1905
Drainage improvement districts
15‑1907
Drainage improvement associations
15‑1909
Entry upon lands, structures and waters
15‑1911
Petition for formation of district
15‑1913
Proceedings on petition
15‑1915
Proceedings for formation of district
15‑1917
Surveys and maps
15‑1919
Drainage enhancements
15‑1921
Proceedings on enhancements
15‑1923
Plans and estimates
15‑1925
General apportionment of cost
15‑1927
Proceedings on general apportionment of costs and final fixation of boundaries
15‑1929
Corrections and revisions of statements of enhancements
15‑1931
Procedure for authorization of construction
15‑1933
Construction
15‑1935
Contracts
15‑1937
Operation and maintenance
15‑1939
Special apportionment of cost
15‑1941
Major repairs of drainage works
15‑1943
Minor repairs in drainage districts
15‑1945
Minor repairs in existing drainage ditches
15‑1947
Unlawful interference with drainage works
15‑1949
Removal of beaver
15‑1951
Financing of improvements
15‑1953
Drainage improvement district fund
15‑1955
Proceedings for assessment and collection of cost
15‑1957
Drainage fund
15‑1959
Corrections and revisions of assessments, determinations of drainage enhancements and apportionment of costs
15‑1961
Drainage district with federal aid
15‑1963
Formation of district with federal aid
15‑1965
Construction project
15‑1967
Changes in project
15‑1969
Continuation of district
15‑1971
Transfer of property and discontinuance of district
15‑1973
Drainage section association
15‑1975
Drainage section association
15‑1977
Articles of association
15‑1979
First annual meeting
15‑1981
Powers of association
15‑1983
Drainage of agricultural lands

Accessed:
Dec. 21, 2024

Last modified:
Sep. 22, 2014

§ 15-1935’s source at nysenate​.gov

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