§ 197 — Performance of the work

§ 197. Performance of the work. If the town board shall upon the\npetition determine to grant the relief sought by the petitioners and\nestablish or extend a district either in whole or in part, or if the\ntown board shall determine to establish or extend a district on its own\nmotion without a petition but after a public hearing and subject to a\npermissive referendum as provided in article twelve-A of this chapter,\nthe town board shall, after such determination becomes effective,\nrequire the town engineer, or an engineer employed for that purpose, to\nprepare definite plans and specifications for the improvement, a careful\nestimate of the expense, and, with the assistance of the town attorney,\nor an attorney employed for that purpose, a proposed contract or\ncontracts for the execution of the work, and to file the same with the\ntown clerk within a time to be prescribed by the said town board.\nThereupon the said board shall examine such definite plans,\nspecifications, estimates and the proposed contract or contracts, and\nmay make such modifications and changes in the plans, specifications,\nestimates and contract or contracts as to the board shall seem\nexpedient, and thereupon the board may adopt or reject the same. If the\nestimated expense of the improvement does not exceed the amount\nspecified for public work in subdivision one of section one hundred\nthree of the general municipal law, the board may adopt such plans and\nspecifications and cause said improvement to be made or may enter into a\ncontract or contracts therefor without giving public notice thereof. If\nthe estimated expense exceeds such amount, upon adopting the plans and\nspecifications, the board shall invite sealed proposals for furnishing\nthe material and labor necessary by the publication of a notice at least\nonce in the official paper and in such other newspaper as to the board\nmay seem expedient, requiring all persons who shall offer to do said\nwork to file a sealed proposal or offer to do the work, and with it a\ncertified check for a sum equal to five per centum of the estimated\nexpense of the improvement, payable to the order of the supervisor, or a\nbond with sufficient sureties, to be approved by the supervisor, in a\npenal sum equal to five per centum of the estimated expense of the\nimprovement, conditioned that if his proposal is accepted he will enter\ninto a contract for the same, and that he will execute such further\nsecurity as may be required for the faithful performance of the\ncontract. If a person or corporation making such proposal shall fail to\nenter into a contract pursuant to the requirements of the board, or\nshall fail to give the further security which may be prescribed in said\nnotice, within the time to be limited therein, then the check deposited\nas aforesaid and the moneys standing to the credit of the same shall be\nforfeited to the town as liquidated damages and not as a penalty, and\nthe supervisor shall collect the same or enforce the payment of the bond\nfor the benefit of the town. The notices inviting sealed proposals shall\nspecify a time when and place where they will be received and considered\nand they shall be received and considered publicly at such time and\nplace. There shall be at least ten and not more than thirty days between\nthe first publication of the notice and the time when the proposals will\nbe received, and during that time the plans and specifications for the\nwork shall be exhibited publicly in the office of the town clerk. It\nshall be the duty of the town clerk to provide that all persons desiring\nto examine the same shall have reasonable opportunity to do so, and that\nthere shall be no discrimination in favor of any person or persons in\nthe opportunity to make proper examination of said plans and\nspecifications. The town board may award one contract for the entire\nwork or separate contracts for portions thereof. The board shall\ndetermine the lowest responsible bidder or bidders whose bid and check\nor bond shall have been made and filed in conformity with this section\nand with the notice published by the board as aforesaid, and the\ncontract or contracts shall be awarded to the lowest responsible formal\nbidder therefor, unless in the judgment of the board it shall be in the\ninterests of the town to reject all bids and to advertise anew. In that\nevent, the board shall proceed accordingly. In no event shall any\ncontract be awarded if the total expense of the improvement shall exceed\nthe maximum amount stated in the petition or in the final order, if the\ntown board proceeded under article twelve-A of this chapter. Nothing in\nthis section shall be construed to prevent the town from performing any\nsuch work or part thereof by or through its regular employees and the\ncost thereof shall be considered as part of the expense of the\nimprovement.\n