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.