S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   9098
 
                             I N  S E N A T E
 
                                May 9, 2022
                                ___________
 
 Introduced  by  Sen. KENNEDY -- read twice and ordered printed, and when
   printed to be committed to the Committee on Corporations,  Authorities
   and Commissions
 
 AN  ACT  to  amend  the public authorities law, in relation to contracts
   awarded by the Erie county water authority
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section  1.  Section 1069 of the public authorities law, as amended by
 chapter 525 of the laws of 1979, is amended to read as follows:
   § 1069. Contracts. [All contracts, or orders, for  work,  material  or
 supplies performed or furnished in connection with construction shall be
 awarded  by  the  authority  pursuant  to resolution. Such contracts, or
 orders, for work, material or supplies needed for any particular purpose
 involving an expenditure for more than five thousand  dollars  shall  be
 awarded  only  after  inviting  sealed  bids  or proposals therefor. The
 notice inviting sealed proposals shall be published at least once  in  a
 newspaper  or  trade  paper  selected by the authority for such purpose,
 such publication to be at least ten days before the date for the receipt
 of bids. If the authority shall not deem it  for  the  interest  of  the
 authority  to reject all bids, it shall award the contract to the lowest
 bidder, unless the authority shall determine that it is for  the  public
 interest that a bid other than the lowest bid should be accepted. In any
 contract  for work, material or supplies, there shall be inserted in the
 discretion of the authority a provision that additional work may be done
 or material or supplies furnished for the  purpose  of  completing  such
 contract at an expense not exceeding fifteen per centum of the amount of
 such  contract  if  such additional work, materials or supplies shall be
 ordered by the authority. The bidder whose bid is  accepted  shall  give
 security  for  the  faithful performance of the contract, and such other
 security as the authority may require, and may be required  to  maintain
 for  such  period as shall be stipulated any construction done under the
 contract, all in the manner prescribed and required  by  the  authority;
 and  the  sufficiency  of such security shall, in addition to the justi-
 fication and acknowledgment, be approved by the authority. All  bids  or

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD14363-01-2
 S. 9098                             2

 proposals  shall be publicly opened by the authority or its duly author-
 ized agent. If the bidder whose bid has been accepted after  advertising
 shall  neglect  or  refuse to accept the contract within five days after
 written  notice  that  the  same  has  been awarded to him on his bid or
 proposal, or, if he accepts but does not execute the contract  and  give
 proper security the authority shall have the right to declare his depos-
 it  forfeited, and thereupon it shall be readvertised and relet as above
 provided. In case any work shall be abandoned  by  any  contractor,  the
 authority may, if the best interests of the authority be thereby served,
 adopt  on  behalf of the authority any or all sub-contracts made by such
 contractor for such work and all such sub-contractors shall be bound  by
 such  adoption  if  made; and the authority shall in the manner provided
 herein readvertise and relet the work specified in the original contract
 exclusive of so much thereof as shall be provided for  in  the  sub-con-
 tract  or sub-contracts so adopted. No bid shall be accepted from or any
 contracts awarded to, any person or corporation who is in arrears to the
 authority, or the county of Erie upon any debt  or  contract,  or  is  a
 defaulter  as  surety or otherwise upon any obligation of the authority,
 or the county. Every contract involving an expenditure of more than five
 thousand dollars when made and entered into as herein provided for shall
 be executed in duplicate, one copy of which shall be held by the author-
 ity and one copy of which shall be delivered to the contractor. Upon the
 adoption of a resolution by a vote of two-thirds of all the  members  of
 the  authority stating that, for reasons of efficiency or economy, there
 is need for standardization, purchase contracts for a particular type or
 kind of equipment, material or  supplies  of  more  than  five  thousand
 dollars may be awarded by the authority to the lowest responsible bidder
 furnishing  the  required  security  after advertisement for sealed bids
 therefor in the manner provided in this section. Such  resolution  shall
 contain a full explanation of the reasons for its adoption.] THE AUTHOR-
 ITY  SHALL LET CONTRACTS FOR CONSTRUCTION OR PURCHASE OF SUPPLIES, MATE-
 RIALS, OR EQUIPMENT PURSUANT TO SECTIONS ONE HUNDRED ONE AND ONE HUNDRED
 THREE OF THE GENERAL MUNICIPAL LAW. NOTHING IN  THIS  SECTION  SHALL  BE
 CONSTRUED  TO  LIMIT  THE  POWER OF THE AUTHORITY TO DO ANY CONSTRUCTION
 DIRECTLY BY THE OFFICERS, AGENTS AND EMPLOYEES OF THE  AUTHORITY  OR  TO
 CONTRACT WITH A PUBLIC UTILITY, FOR A TERM NOT TO EXCEED FIVE YEARS, FOR
 THE  OPERATION  AND  MAINTENANCE  OF A WATER SUPPLY SYSTEM ACQUIRED FROM
 SAID PUBLIC UTILITY.
   § 2. This act shall take effect immediately.