§ 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.