2022 New York Laws
HAY - Highway
Article 8-A - Town Highway Improvement Program
225 - Performance of Work.

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