§ 38. Contracts for construction or improvement of highways. State\nhighways shall be constructed or improved by contract. Upon the\ncompletion and final adoption or approval, as provided by law, of the\nplans and specifications for the construction or improvement of a state\nhighway, contracts therefor shall be executed as provided herein.\n 1. Advertising for proposals. The commissioner of transportation shall\nadvertise for proposals for the construction or improvement of such\nhighways or sections thereof according to the plans and specifications\nprepared therefor. The advertisement shall be limited to a brief\ndescription of the work proposed to be done, with an announcement\nstating where the maps, plans and specifications may be seen, the terms\nand conditions under which proposals will be received, the time and\nplace where the same will be opened, the amount of the draft or\ncertified check to accompany the proposal, and such other matters as the\ncommissioner of transportation may deem advisable to include therein.\nSuch advertisement shall be published at least once in each week for two\nsuccessive weeks in a newspaper published in the county in which such\nhighway or section thereof is to be constructed or improved, and in such\nother newspapers as the commissioner of transportation may designate. If\nno newspaper is published in the county, the publication of the\nadvertisement shall be in such newspaper or newspapers in an adjoining\ncounty as may be selected by the commissioner of transportation. Failure\nof such newspaper, published in such county or adjoining county, to\npublish such advertisement as provided in this subdivision or as\ndirected by the commissioner of transportation shall not invalidate the\npublication of advertisement for proposals provided such advertisement\nis published in another newspaper or trade publication, which will be\nmost likely to give adequate notice to contractors of the work\ncontemplated and of the invitation to submit proposals therefor, at\nleast once in each week for any two successive weeks preceding the date\non which proposals described in such advertisement are to be received\nand opened.\n 2. Proposals. Each proposal shall specify the correct gross sum for\nwhich the work will be performed and shall also include the amount to be\ncharged for each item specified on the proposal estimate sheet. The\ncommissioner of transportation may prescribe and furnish forms for the\nsubmission of such proposals and may prescribe the manner of submitting\nthe same which shall not be inconsistent herewith. Accompanying each\nproposal there shall be either a certified check or bank cashier's check\nfor the amount of the bid deposit, to be fixed by the commissioner of\ntransportation and specified in the advertisement for proposals or such\nother security from the bidder as may be acceptable to the commissioner\nof transportation. The checks of the two low bidders shall be deposited\nby the commissioner of transportation in a special account. Provided,\nhowever, that if prior to or upon receipt of said checks by the\ncommissioner of transportation a bidder who is one of the two low\nbidders shall have duly filed a bond as hereinafter provided the\ncommissioner of transportation shall forthwith return to said bidder his\naforesaid check without depositing the same. If alternate proposals are\ntaken, the checks of the two low bidders of all alternate proposals\nshall be deposited. All checks other than those of the two low bidders\nshall be returned promptly by the commissioner of transportation.\nNotwithstanding the provisions of any general or special law, the money\nrepresented by the checks of the two low bidders shall be paid from the\nspecial account when the contractor has duly executed and delivered to\nthe commissioner of transportation the contract and the bond or bonds,\nif any, required by law for the performance of the work of a public\nimprovement for the state of New Yo
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