N.Y. Highway Law § 193: Contracts for the construction of town highways

§ 193. Contracts for the construction of town highways. The town board

of any town may provide that the construction of new highways and

bridges, or the permanent improvement or reconstruction of existing

highways and bridges or repairing, rebuilding or replacing walks on

highways less than two rods in width pursuant to the provisions of

sections one hundred forty, one hundred fifty-one and two hundred

seventy-four of this chapter, the cost of which will exceed, the amount

specified for public work in subdivision one of section one hundred

three of the general municipal law shall be done under contracts. All

such contracts shall be awarded by the town superintendent, in

accordance with estimates, plans and specifications approved or

furnished by the department of transportation, as provided in this

chapter, to the lowest responsible bidders, after advertisement pursuant

to section one hundred three of the general municipal law. All bids for

such work shall be opened in public and shall be filed in the office of

the town clerk. The person to whom such contract is awarded shall

execute a bond to the town, in a sum equal to at least one-half of the

amount of the contracts, with two or more sureties to be approved by the

town board, or in lieu thereof, a bond issued by a bonding or surety

company approved by the town board, in a sum equal to at least one-half

of the amount of the contracts and conditioned for the faithful

compliance with the terms of the contract, and the plans and

specifications and for payment of all damages which may accrue to the

town, because of a violation thereof. When such work is completed

pursuant to the terms of such contract, and the plans and specifications

therefor, and accepted by the town board, as being in accordance

therewith, the cost of the work under the contract shall be paid out of

moneys available therefor, in the same manner as other highway expenses.

Payments made under such contract shall be upon certificates issued to

the contractor by the town superintendent, to the effect that the work

has been done under and in accordance with the terms of such contract,

and the plans and specifications. All work done under any such contract

shall be under the supervision of the town superintendent, or some

person designated by him. The town superintendent shall file all

contracts awarded under this section with the town clerk within ten days

after their execution.