A separate contract, reviewed by the Board Attorney, shall be signed for each project with the architect selected by the Board of Education. The contract shall include statements outlining specific District requirements and procedures which must be followed by the architect.
Bond elections shall be established by resolution of the Board of Education. All procedures for such elections, including places of voting, voter qualifications, and method of balloting, shall be the same as for regular district elections.
All bidding for construction contracts shall be in full compliance with New York State General Municipal Law, Section 103.
Advertisement and Solicitation Bids
All bidding shall be advertised in compliance with New York State General Municipal Law requirement. In addition, bidding and solicitation procedures shall be designed to maximize response to the bid request.
Receiving and Opening of Bids
All bids received shall be accompanied by a bid bond, as specified by the Board, and shall be date-stamped upon receipt. Bids received after the established deadline shall be disqualified.
Bid opening shall be public and shall be conducted by the Purchasing Agent at the time and place specified in the bid advertisement.
The successful bidder(s) for the construction contract shall be required to post a performance bond in the amount of the contract award.
The Board of Education reserves the right to reject any and all bids. Bid award shall be made to the lowest responsible bidder meeting project specifications.
New Construction Contracts
Contract forms shall be prepared by the Board’s attorney and shall be approved by the Board. Such forms shall be designed in accordance with State law and regulations as to format, contents, terminology, and methods of execution.
Contracts and/or agreements shall include all general and/or special conditions for the purpose of clarifying and supplementing the agreement.
The detailed provisions of a contract or agreement shall include, but not be limited to, the following:
- description of the project
- listing the documents
- sum of the contract
- terms of payment
- schedule of completion
- penalties or liquidated damages
- unit prices
- conflict of interest clause
Payments to Contractors
Payments to contractors must be recommended by the architect and construction manager/clerk of the works as specific portions of the contract are completed. Payment shall not be authorized except by approval of the Assistant Superintendent for Business; afterwards payment orders will be processed in accordance with District disbursement procedures and will appear on warrant for Board acceptance.
Where portions of contracted work have not been properly completed or have been reported as faulty by the architect, the Board will withhold payment of a sufficient portion of the payment due to repair or complete said work.
Education Law §§416; 1619; 2001, et seq.; 2512
General Municipal Law §§101, et seq.
8 N.Y.C.R.R. §§155.1; 155.5
Policy Adopted: March 10, 1975
Amended: June 22, 1998
Amended October 23, 2006
Amended: May 23, 2016