N.Y. Highway Law § 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.