Whenever the commission shall have determined to resurface any improved state or county highway, except in mountainous regions and where the physical conditions make it impracticable, provisions may be made by such commission, with the approval of the board of supervisors, either for a driveway upon one side of the highway at least eight feet in width and constructed of a foundation of broken stone or gravel and a surface of dirt, cinders, gravel or other material affording safe footing for horses, or driveways of similar construction and at least six feet in width on either side of the road so resurfaced. The provisions of this section shall not apply to bridges on state or county highways. Added by L. 1919, ch. 374.

§ 126. Submission of maps, plans and specifications to district or county superintendent. The commission shall cause the preliminary maps, plans and specifications for either a state or county highway, or a copy thereof, to be presented to the district or Bounty superintendent of the district or county in which such highway or section thereof is situated, who shall personally examine the highway, or section thereof and the proposed maps, plans, and specifications, and shall recommend any modification thereof which in his judgment seems to be necessary and shall report thereon with fifteen days to the commission. He shall also take such other action in respect thereto as may be required by law or by the commission.

Amended by L. 1911, ch. 646.

§ 127. Action of commission in respect to maps, plans, specifications and estimates.. Upon receiving the report of the district or county superintendent, as provided in the preceding section, the commission shall finally adopt the maps, plans, specifications and estimates which are to be used for the construction or improvement of the state or county highway to be constructed or improved. If such highway be a state highway the commission shall thereupon proceed to advertise and award contracts for the construction or improvement thereof as provided in section one hundred and thirty. If such highway be a county highway the commission shall transmit such plans, specifications and estimates as adopted by them to the board of supervisors of the county from which the resolution proceeded, together with

* So in original.

their certificate approving the construction or improvement of the highway or section thereof designated in such resolution.

The board of

128. Final resolution of board of supervisors. supervisors, after the receipt of plans, specifications and estimate of a county highway or section thereof, and after such modifica tion thereof as may be made by a majority vote of such board, with the consent of the commission, may approve such plans, specifications and estimate, and adopt a resolution requesting that such county highway or section thereof be constructed or improved under the provisions of this article, in accordance therewith. In the case of a county highway or a section thereof which divides two or more counties, such resolution must be separately adopted by the board of supervisors of each county within which a portion of such highway lies. The form of such resolution shall be prescribed by the commission and shall contain the matter required by this article to be inserted therein. Imme diately upon the adoption of such resolution the clerk of the board of supervisors shall transmit a certified copy thereof to the commission. When a board of supervisors has once adopted a resolution providing for the construction or improvement of a highway or a section thereof in accordance with such plans and specifications, no resolution thereafter adopted by such board shall rescind or annul such prior resolution either directly or indirectly, excepting under the advice and with the consent of the commission. Notwithstanding the adoption of such a resolution, the commission may modify such plans, specifications and estimate, prior to the award of a contract therefor and, upon the approval thereof by the board of supervisors as above provided, such highway or section thereof shall be constructed or improved in accordance with such plans, specifications and estimate. Amended by L. 1909, ch. 240, § 45.

129. Order of construction of county highways. Upon the receipt of such resolution the commission shall proceed with the improvement or construction of such county highway as provided in this article. The construction and improvement of such county highways and sections thereof shall be taken up and carried forward within a county in the consecutive order as determined by the date of the receipt by the commission in each case of the certified copy of the final resolution, so far as is practicable in the opinion of the commission. No such highway shall be placed upon

the list of highways to be constructed or improved nor receive a consecutive number on such list, unless such resolution shall appropriate and make immediately available for such construction or improvement the counties' share of the cost thereof.

Amended by L. 1910, ch. 247; L. 1911, ch. 646 and L. 1912, ch. 83.

130. Contracts for construction or improvement of highways. State and county highways shall be constructed or improved by contract. Upon the completion and final adoption or approval, as provided by law, of the plans, specifications and estimate for the construction or improvement of a state or county highway, contracts therefor shall be executed as provided herein.

1. Advertising for proposals. The commission shall advertise for proposals for the construction or improvement of such highways or sections thereof according to the plans, specifications and estimate prepared therefor. The advertisement shall be limited to a brief description of the work proposed to be done, with an announcement stating where the maps, plans, specifications and estimate may be seen, the terms and conditions under which proposals will be received, the time and place where the same will be opened, and such other matters as the commission may deem advisable to include therein. Such advertisement shall be published at least once in each week for two successive weeks in a newspaper published at the county seat of the county in which such highway or section thereof is to be constructed or improved, and in such other newspapers as the commission may designate. If no newspaper is published at such county seat, then the publication of the advertisement shall be in such newspaper or newspapers within the county as the commission may select. If no newspaper is published in the county, the publication of the advertisement shall be in such newspaper or newspapers in an adjoining county as may be selected by the commission.

Amended by L. 1917, ch. 261.

2. Proposals. Each proposal shall specify the gross sum for which the work will be performed and shall also include the amount to be charged for each item specified in the estimate. The commission may prescribe and furnish forms for the submission of such proposals and may prescribe the manner of submitting the same which shall not be inconsistent herewith. Accompanying each proposal there shall be a draft or certified check for three

per centum of the amount of the gross sum bid, which check, in case such proposal be accepted, shall be retained by the state commission of highways until the contract, and the bond hereinafter provided for, shall have been duly executed, whereupon such check shall be returned to the bidder. In case the bidder to whom the contract shall be awarded shall fail to execute such contract and bond, the moneys represented by such draft or certified check shall be regarded as liquidated damages and shall be forfeited to the state and shall be deposited by the commissioner with the state treasurer to the credit of the fund available for the construction of said highway; provided, however, that should the bidder request the commission to dispense with a bond as provided in subdivision seven of this section, such check shall be retained by the commission until fifteen per centum of the work under the contract has been accomplished, as determined according to the estimates from time to time approved by the commission as a basis for payments on the contract, and should the bidder to whom the contract shall be awarded fail to execute such contract or fail to progress the work embraced within such contract until such time as fifteen per centum of the work shall have been accomplished, the moneys represented by such draft or certified check shall be regarded as liquidated damages and shall be forfeited to the state and shall be deposited by the commissioner with the state treasurer to the credit of the fund available for the construction of said highway. The proposals when opened shall be subject at all reasonable times to public inspection, and at the time of opening shall be publicly read, and conspiciously posted in such a manner as to indicate the several items of the proposal.

Amended by L. 1919, ch. 623.

3. Award of contracts. The contract for the construction or improvement of such highway or section thereof shall be awarded to the lowest responsible bidder, except that no contract shall be awarded at a greater sum than that required for the work alone as shown in the estimate made for the construction or improvement of such highway or section thereof in accordance with such plans and specifications. The lowest bid shall be deemed to be that which specifically states the lowest gross sum for which the entire work will be performed, including all the items specified in the estimate therefor.

Amended by L. 1917, ch. 261.

4. Estimates may be amended. If no proposal otherwise acceptable is made within the estimate accompanying the plans and specifications, the commission may cause the estimate to be amended. If the highway to be constructed or improved is a county highway the commission shall certify the amended estimate to the board of supervisors and the board shall take action thereon as in a case where plans, specifications and estimates are originally submitted to a board of supervisors. Upon the amendment of such estimate, and its approval by the board of supervisors in case of a county highway, the commission may proceed anew to obtain proposals and award the contract as provided in this section.

5. Rejection of proposals. The commission may reject any or all proposals and may advertise for new proposals as above provided, if, in their opinion, the best interests of the state will thereby be promoted.

6. Form of contract. The commission shall prescribe the form of contract and may include therein such matters as they may deem advantageous to the state. Such forms shall be uniform so far as may be.

FINANCE LAW SECTION 51

§ 51. Workmen's compensation insurance on public works. Each contract to which the state, any public department or official thereof, or a commission appointed pursuant to law is a party and which is of such a character that the employees engaged thereon are required to be insured by the provisions of chapter forty-one of the laws of nineteen hundred and fourteen, known as the workmen's compensation law, and acts amendatory thereto, shall contain a stipulation that the same shall be void and of no effect unless the person or corporation making or performing the same shall secure compensation for the benefit of, and keep insured during the life of said contract, such employees, in compliance with the provisions of said law.

Added by L. 1916, ch. 478.

7. Bond of contractor. Unless a bond be dispensed with as hereinafter provided, each contractor, before entering into a contract for such construction or improvement, shall execute a bond in the form prescribed by the commission, with sufficient sureties, to be approved by the commission, conditioned that he will perform the work in accordance with the terms of the contract, and with the plans and specifications, and that he will commence and complete the work within the time prescribed in the contract; provided, however, that the commission shall, at the time of the execution of the contract, upon the written request of the con