Section 193. Contracts for the construction of town highways  


Latest version.
  • 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.