§ 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.