§ 225 — Performance of work

New York § 225

• Jurisdiction: New York
• Law HAY: Highway
• Art. 8-A: Town Highway Improvement Program

Text

§ 225. Performance of work. 1. All work on an approved project shall\nbe under the immediate control and direct supervision of the town\nsuperintendent, subject to inspection by the commissioner and the county\nsuperintendent. Such work or any part thereof may be consummated (a) by\nthe town by direct employment of labor, purchase of material and rental\nof machinery and equipment, (b) by contract with the county, or (c) by\ncontract with an independent contractor.\n 2. In cases where work is to be done under contract with the county,\nthe contract shall be entered into by the county superintendent on\nbehalf of the county and by the town superintendent on behalf of the\ntown and shall be subject to the approval of the board of supervisors\nand the town board. Any such contract may be entered into by direct\nnegotiations and shall not be subject to the provisions of section one\nhundred three of the general municipal law. The county superintendent\nshall not enter into the performance of such contract until the full\namount of the town's share of the cost of the project shall have been\npaid to the county treasurer.\n 3. In cases where work is to be done under contract other than by\ncontract with the county, such contract shall be awarded by the town\nboard subject to the approval of the county superintendent and the\ncommissioner. All such contracts in excess of the amount specified for\npublic work in subdivision one of section one hundred three of the\ngeneral municipal law shall be awarded to the lowest responsible bidder\nafter advertisement for bids in the manner provided by section one\nhundred three of the general municipal law. If separate contracts shall\nbe awarded for portions of the work, other than to the county, they\nshall be awarded in the manner above provided.\n 4. Machinery and equipment required for work to be done under this\narticle may be rented from other municipal corporations or from private\npersons, firms and corporations. The commissioner shall fix the hourly\nrental rates for such machinery and equipment. Such rates may include\nthe services of skilled operators of such machinery or equipment.\nRentals from private persons, firms and corporations shall be at rates\nnot in excess of the rates fixed by the commissioner. Rentals from\nmunicipal corporations, notwithstanding the provisions of any other law,\nshall be at the rates fixed by the commissioner. The proceeds of such\nrentals received by municipal corporations, other than for the services\nof skilled operators, shall be credited as follows:\n (a) In counties, to the road machinery fund;\n (b) In cities and villages, to the general fund;\n (c) In towns, to the highway machinery fund, to be applied for\npurposes for which amounts may be raised pursuant to subdivision three\nof section two hundred seventy-one of the highway law. The portion of\nany such rental charge which is in reimbursement for the services of a\nskilled operator shall be credited to the fund from which his\ncompensation was paid. If a town shall use its own machinery and\nequipment in the performance of any work under this article, it shall\ncharge therefor, as a project cost, the hourly rates fixed by the\ncommissioner and the moneys received therefor shall be credited in the\nmanner hereinabove provided.\n