§ 193. Contracts for the construction of town highways. The town board\nof any town may provide that the construction of new highways and\nbridges, or the permanent improvement or reconstruction of existing\nhighways and bridges or repairing, rebuilding or replacing walks on\nhighways less than two rods in width pursuant to the provisions of\nsections one hundred forty, one hundred fifty-one and two hundred\nseventy-four of this chapter, the cost of which will exceed, the amount\nspecified for public work in subdivision one of section one hundred\nthree of the general municipal law shall be done under contracts. All\nsuch contracts shall be awarded by the town superintendent, in\naccordance with estimates, plans and specifications approved or\nfurnished by the department of transportation, as provided in this\nchapter, to the lowest responsible bidders, after advertisement pursuant\nto section one hundred three of the general municipal law. All bids for\nsuch work shall be opened in public and shall be filed in the office of\nthe town clerk. The person to whom such contract is awarded shall\nexecute a bond to the town, in a sum equal to at least one-half of the\namount of the contracts, with two or more sureties to be approved by the\ntown board, or in lieu thereof, a bond issued by a bonding or surety\ncompany approved by the town board, in a sum equal to at least one-half\nof the amount of the contracts and conditioned for the faithful\ncompliance with the terms of the contract, and the plans and\nspecifications and for payment of all damages which may accrue to the\ntown, because of a violation thereof. When such work is completed\npursuant to the terms of such contract, and the plans and specifications\ntherefor, and accepted by the town board, as being in accordance\ntherewith, the cost of the work under the contract shall be paid out of\nmoneys available therefor, in the same manner as other highway expenses.\nPayments made under such contract shall be upon certificates issued to\nthe contractor by the town superintendent, to the effect that the work\nhas been done under and in accordance with the terms of such contract,\nand the plans and specifications. All work done under any such contract\nshall be under the supervision of the town superintendent, or some\nperson designated by him. The town superintendent shall file all\ncontracts awarded under this section with the town clerk within ten days\nafter their execution.\n
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