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This entry was published on 2014-09-22
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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