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Barge canal (L, 1903, ch. 147). $ 6. directed, the same shall be sold in the manner provided by law for the sale of abandoned canal lands and the net proceeds thereof paid into the state treasury, and so much thereof as shall be neces.sary shall be applied to the cost of the work hereby directed.

$ 6. Contracts.— All the work herein authorized shall be done by contract. Before any such contract shall be made the state engineer shall divide the whole work into such sections or portions as may be deemed for the best interests of the state in contracting for the same, and shall make maps, plans and specifications for the work to be done and materials furnished for each of the sections into which said work is divided and shall ascertain with all practicable accuracy the quantity of embankment, excavation and masonry, the quantity and quality of all materials to be used and all other items of work to be placed under contract and make a detailed estimate of the cost of the same, and a statement thereof with the said maps, plans and specifications, when adopted by the canal board, shall be filed in his office and a copy thereof shall be filed in the office of the superintendent of public works and publicly exhibited to every person proposing or desiring to make a proposal for such work. The quantities contained in such statement shall be used in determining the cost of the work according to the different proposals received, and when the contracts for any such work are awarded, every such statement, with the maps, plans and specifications and all other papers relating to such work advertised and which may be necessary to identify the plan and extent of the work embraced in such contracts shall be filed in the office of the state engineer with a certificate of the superintendent of public works stating the time and place of their exhibition. No alteration shall be made in any such map, plan or specification, or the plan of any work under contract during its progress, except with the consent and approval of the superintendent of public works and the state engineer, nor unless a description of such alteration and such approval be in writing and signed by the parties making the same and a copy thereof filed in the office of the state engineer. No change of plan or specification which will increase the expense of any such work or create any claim against the state for damage arising therefrom shall be made unless a written statement, setting forth the object of the change, its character, amount and the expense thereof, is submitted to the canal board, and their assent thereto at a meeting when the state engineer was present is ob

Barge Canal (L. 1903, ch. 147), 8 7.

tained. No extra or unspecified work shall be certified for payment unless said work is done pursuant to the written order of the state engineer and payment therefor shall not be made unless approved by the canal board.

$ 7. Contract; advertisement; money deposit; power to suspend work.-. All the work herein specified shall be done by contract executed in triplicate as required by law and entered into by the superintendent of public works on the part of the state after having been advertised once a week for four successive weeks in two newspapers published in the city of New York, one of which shall be published in the interests of engineering and contracting and one each in the cities of Albany, Rochester, Buffalo and Syracuse and one in each county where the particular piece of work advertised or some portion of the same is located, and it shall be the duty of the superintendent of public works to combine in one notice of advertisement as many pieces of work as practicable. 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 and the terms and conditions under which bids will be received and the time and place where the same will be opened, and such other matters as may be necessary to carry out the provisions of this act. The proposals received pursuant to said advertisements shall be publicly opened and read at the time and place designated. Every proposal must be accompanied by a money deposit in the form of a draft or certified check upon some good banking institution in the city of Albany or New York, issued by a national or state bank in good credit within the state, and payable at sight to the superintendent of public works for five per centum of the aniount 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 fisell by the superintendent of public works, such deposit shall be forfeited to the state, paid to the state treasurer and become a part of the canal fund. In case the contract be made such deposit shall be returned to the contractor. In cases where the estimated cost of the materials and work does not exceed ten thousand dollars, the period of advertising may be abridged and the work may be advertised by circular letters and posters when, in the judgment of the superintendent of public works approved by the canal board, such course may be desirable or necessary. The superintendent of

Barge Canal (L. 1903, ch. 147), 8 7.

public works may reject all the bids and readvertise and award the contract in the manner herein provided, whenever in his judgment the interests of the state will be enhanced thereby. No contract which exceeds by more than ten per centum the gross cost of the work as estimated by the state engineer or by more than twenty per centum the cost of any item therein shall be awarded unless such award shall be approved by the state engineer and the canal board. The contract in a form to be approved by the attorneygeneral shall be made with the person, firm or corporation who shall offer to do and perform the same at the lowest price and who shall give adequate security for the faithful and complete performance of the contract, and such security shall be approved as to sufficiency by the superintendent of public works, and as to form by the attorney-general and shall be at least twenty-five per centum of the aniount of the estimated cost of the work according to the contract price. If in the judgment of the state engineer the work upon any contract is not being performed according to the contract or for the best interests of the state, he shall so certify to the canal board, and the canal board shall thereupon have power to suspend or stop the work under such contract while it is in progress and direct the superintendent of public works, and it shall thereupon become his duty, to complete the same in such manner as will accord with the contract specifications and be for the best interests of the state, or the contract may be cancelled and readvertised and relet in the 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 charged to and paid by the contractor failing to perform the work. If at any time in the conduct of the work under any contract, it shall become apparent to the state engineer that any item in the contract will exceed in quantity the engineer's estimate by more than fifteen per centum, he shall so certify to ihe canal board and the canal board shall thereupon determine whether the work in excess thereof shall be completed by the contractor under the terms and at the prices specified in the contract or whether it shall be done or furnished by the superintendent of public works, or whether a special contract shall be made for such excess in the manner above prescribed. Every contract shall reserve to the superintendent of public works the right to suspend cr cancel the contract as above provided and to complete the same or readvertise and relet the same as the canal board may determine, and also shall reserve to the superintendent of public Barge Canal (L. 1903, ch. 147), SS 8-10.

works the right to enter upon and complete any item of the contract which shall exceed in quantity the engineer's estimate by more than fifteen per centum or to make a special contract for such excess, as the canal board may determine.

$ 8. Expert consulting engineers.-- The governor may employ, at a compensation to be fixed by him, five expert civil engineers to act as an advisory board of consulting engineers, whose duty it shall be to advise the state engineer and the superintendent of public works, to follow the progress of the work and from time to time to report thereon to the governor, the state engineer and the superintendent of public works, as they may require or the board deem proper and advisable. The state engineer may appoint and at pleasure remove a special deputy, at a compensation to be fixed by him with the approval of the canal board, who may, under the direction of the state engineer, perform on the work of improvement authorized by this act all the duties of the state engineer, except as commissioner, trustee or member of any board. The state engineer may also appoint and at pleasure remove such number of resident engineers in addition to those now authorized by law as he may deem necessary for the work of improvement hereby authorized and may prescribe and define their duties.

$ 9. Advance payments to contractors.— The superintendent of public works may, from time to time, upon the certificate of the state engineer, pay to the contractor or contractors a sum not exceeding ninety per centum of the value of the work performed, and such certificate of the state engineer must state the amount of work performed and its total value, but in all cases not less than ten per centum of the estimate thus certified must be retained until the contract is completed and approved by the state engineer and the superintendent of public works.

§ 10. Measurements by state engineer.— All measurements, inspections and estimates shall be made by the state engineer and the engineers and inspectors appointed by him. The superintendent of public works may, in the performance of the duties de volving upon him by this act, rely upon the certificates of the state engineer and his assistants as to the arnount, character and quality of the work done and material furnished.

Barge Canal (L. 1903, ch. 147), SS 11-14.

§ 11. Opening and closing canals.- While the work contemplated in this act is in progress the canals upon which work is actually being done shall not be open for navigation carlier than May fifteenth and shall be closed on or before November fifteenth, except that portions thereof may be opened earlier and closed later when in the judgment of the superintendent of public works such a course will not be detrimental to the progress of the work of improvement.

$ 12. Determination of board; record.— All questions which under the provisions of this act are to be determined by the canal board, shall be decided by a majority vote of all members of such board, and a full and complete record of all proceedings of such board shall be preserved, and a certified copy of its determination or action upon any question arising under this act shall be transmitted to the state engineer.

§ 13. Appropriation.— The sum of ten million dollars is hereby appropriated, payable out of the moneys realized from the sale of bonds as provided by section two of this act, and from the proceeds of the sale of abandoned lands as provided in section five of this act, to be expended to carry out the purposes of this act; said sum of ten million dollars to be paid by the treasurer on the warrant of the comptroller, after due audit by him, upon the presentation of the draft of the superintendent of public works to the order of the con tractor if for construction work, or to his own order if for the completion by him of any unfinished contract or for advertising for miscellaneous expenses connected with the said work, or upon the presentation of the drafts of the state engineer for supervising or engineering expenses in connection with said work, or upon the presentation by the comptroller of accounts for miscellaneous expenses, or on the presentation of awards by the Court of Claims for compensation for lands appropriated as provided in section four of this act or damages caused by the work of improvement hereby authorized

§ 14. Application of surplus money, if any.- Any surplus arising from the sale of bonds and the sale of abandoned lands over and above the cost of the entire work of the improvement of the canals as herein provided for shall be applied to the sinking fund for the payment of said bonds.

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