§ 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.