N.Y. Second Class Cities Law § 124: Contracts for paving

§ 124. Contracts for paving. The common council shall, by general

ordinance, prescribe, approve and adopt the materials to be used in

paving, repaving, repairing, surfacing or resurfacing the streets and

public places of the city, and fix the standard of excellence and test

required for each such material. The city engineer shall prepare

standard specifications, in accordance with such ordinance, for the

performance of the work involved in such improvements with each kind of

materials so prescribed, approved and adopted therefor. Whenever the

common council shall determine to make any such improvement, and the

proceedings provided by law as preliminary thereto shall have been

taken, the board of contract and supply shall advertise for proposals

for the furnishing of the materials and the performance of the work

involved in such improvements, and specifications shall be prepared and

proposals shall be invited, pursuant to the provisions of this chapter,

for the construction of such improvement with each kind of paving

material so prescribed, approved and adopted by the common council. In

case the expense of any such improvement is to be assessed upon the

property abutting upon the street, or part thereof, to be improved and

more than one kind of material is prescribed, approved or adopted

therefor, the secretary of the board shall, within one week after

proposals for such work have been received and opened, cause to be

published in a daily official paper for four successive days, exclusive

of Sunday, a notice containing a summary statement of all such

proposals. A majority of said property owners, owning not less than

one-third of the feet front of property abutting on such street,

exclusive of city property, may present to the board of contract and

supply a petition or other writing designating the general kind of

pavement or material to be used in making said improvement. If no part

of the expense of such improvement is to be assessed upon the property

abutting upon said street, or if such expense is to be so assessed, but

the property owners shall not have made a designation or shall have made

more than one designation, as herein provided, the common council shall,

not later than at its next regular meeting after the expiration of ten

days from the service of such notice, designate the kind of pavement or

material to be used in making such improvement, and the contract for

such improvement shall be awarded for the kind of pavement or material

so designated by the property owners or common council as aforesaid, and

to the lowest bidder for doing the work with the kind of pavement or

material so designated. In case, however, two-thirds of the owners of

property, owning at least three-fifths of the linear feet fronting upon

said street, or part thereof, shall designate a particular make, style

or brand of the kind of pavement or material to be used in making such

improvement, the contract therefor shall be awarded to the lowest bidder

for such make, style or brand of such kind of pavement or material,

although the same is not the lowest bid for such kind of pavement or

material so designated. Where a street surface railroad shall be laid in

any street which it is determined to improve as herein provided, the

proposals and contract for such improvement shall include the

improvement of the space between the tracks of such street surface

railroad, the rails of such tracks and two feet in width outside of such

tracks, and the work of improvement in such space shall be done at the

same time and under the same supervision as the work of improvement of

the remainder of such street. After opportunity to be heard has been

given to the company owning or operating such street surface railroad,

the board of contract and supply may prescribe the materials to be used

in improving such street within the railroad space above described. The

entire expense of the improvement within such railroad space shall be

assessed and levied upon the property of the company owning or operating

such railroad and shall be collected in the same manner as other

expenses for local improvements are assessed, levied and collected in

the city; and an action may also be maintained by the city against the

company in any court of record for the collection of such expense and

assessment.