N.Y. Town Law § 197: Performance of the work

§ 197. Performance of the work. If the town board shall upon the

petition determine to grant the relief sought by the petitioners and

establish or extend a district either in whole or in part, or if the

town board shall determine to establish or extend a district on its own

motion without a petition but after a public hearing and subject to a

permissive referendum as provided in article twelve-A of this chapter,

the town board shall, after such determination becomes effective,

require the town engineer, or an engineer employed for that purpose, to

prepare definite plans and specifications for the improvement, a careful

estimate of the expense, and, with the assistance of the town attorney,

or an attorney employed for that purpose, a proposed contract or

contracts for the execution of the work, and to file the same with the

town clerk within a time to be prescribed by the said town board.

Thereupon the said board shall examine such definite plans,

specifications, estimates and the proposed contract or contracts, and

may make such modifications and changes in the plans, specifications,

estimates and contract or contracts as to the board shall seem

expedient, and thereupon the board may adopt or reject the same. If the

estimated expense of the improvement does not exceed the amount

specified for public work in subdivision one of section one hundred

three of the general municipal law, the board may adopt such plans and

specifications and cause said improvement to be made or may enter into a

contract or contracts therefor without giving public notice thereof. If

the estimated expense exceeds such amount, upon adopting the plans and

specifications, the board shall invite sealed proposals for furnishing

the material and labor necessary by the publication of a notice at least

once in the official paper and in such other newspaper as to the board

may seem expedient, requiring all persons who shall offer to do said

work to file a sealed proposal or offer to do the work, and with it a

certified check for a sum equal to five per centum of the estimated

expense of the improvement, payable to the order of the supervisor, or a

bond with sufficient sureties, to be approved by the supervisor, in a

penal sum equal to five per centum of the estimated expense of the

improvement, conditioned that if his proposal is accepted he will enter

into a contract for the same, and that he will execute such further

security as may be required for the faithful performance of the

contract. If a person or corporation making such proposal shall fail to

enter into a contract pursuant to the requirements of the board, or

shall fail to give the further security which may be prescribed in said

notice, within the time to be limited therein, then the check deposited

as aforesaid and the moneys standing to the credit of the same shall be

forfeited to the town as liquidated damages and not as a penalty, and

the supervisor shall collect the same or enforce the payment of the bond

for the benefit of the town. The notices inviting sealed proposals shall

specify a time when and place where they will be received and considered

and they shall be received and considered publicly at such time and

place. There shall be at least ten and not more than thirty days between

the first publication of the notice and the time when the proposals will

be received, and during that time the plans and specifications for the

work shall be exhibited publicly in the office of the town clerk. It

shall be the duty of the town clerk to provide that all persons desiring

to examine the same shall have reasonable opportunity to do so, and that

there shall be no discrimination in favor of any person or persons in

the opportunity to make proper examination of said plans and

specifications. The town board may award one contract for the entire

work or separate contracts for portions thereof. The board shall

determine the lowest responsible bidder or bidders whose bid and check

or bond shall have been made and filed in conformity with this section

and with the notice published by the board as aforesaid, and the

contract or contracts shall be awarded to the lowest responsible formal

bidder therefor, unless in the judgment of the board it shall be in the

interests of the town to reject all bids and to advertise anew. In that

event, the board shall proceed accordingly. In no event shall any

contract be awarded if the total expense of the improvement shall exceed

the maximum amount stated in the petition or in the final order, if the

town board proceeded under article twelve-A of this chapter. Nothing in

this section shall be construed to prevent the town from performing any

such work or part thereof by or through its regular employees and the

cost thereof shall be considered as part of the expense of the

improvement.