Legislation
SECTION 120-L
Letting of contracts
General Municipal (GMU) CHAPTER 24, ARTICLE 6
§ 120-l. Letting of contracts. 1. Whenever any work to be performed or
materials to be furnished in or about any improvement to be made by two
or more municipalities under the provisions of this act shall involve an
expenditure of any sum of money exceeding five hundred dollars, the
municipal bodies or boards of the contracting municipalities, by their
official action taken in joint meeting as herein provided, shall
designate a time when they will meet at their usual place of meeting to
receive proposals, in writing, for doing the work or furnishing the
materials, and such joint meeting shall order the chairman and secretary
thereof to give notice, by advertisement inserted in one or more
newspapers published or circulating in the municipalities jointly
contracting, at least two weeks before the time of such meeting, of the
work to be done or materials to be furnished, of which at the time of
such order they shall cause to be filed in the office of such joint
meeting particular specifications; all proposals received shall be
publicly opened by such chairman in the presence and during a session of
such joint meeting, and of all others who choose to attend the said
meeting; not more than one proposal shall be received from any one
person, directly or indirectly, for the same contract work or materials;
and the said joint meeting may reject any and all of said proposals and
direct its chairman and secretary to advertise for new proposals and
accept such as shall in the opinion of a majority of the municipalities
represented in said joint meeting be deemed most advantageous for the
said municipalities, subject, however, to the reservations herein
provided; the board may require a bond or deposit from the person
submitting a proposal, the liability of such bond to accrue, or such
deposit to be forfeited to the municipality, or municipalities, in case
such person shall refuse to enter into a contract in accordance to his
proposal. The proposal so accepted shall be reduced to a contract in
writing, and a satisfactory bond to be approved by such joint meeting
shall be required and given for its faithful performance, but all
contracts when awarded shall be awarded to the lowest responsible bidder
offering satisfactory security; this section shall not apply to any
engineer or agent of the joint contracting municipalities engaged in
supervising or directing the work of such improvements.
2. Whenever a security bond is posted by a successful bidder for the
faithful performance of a municipal project under the provisions of this
article, for which state aid is approved, the name and address of the
bonding company or person issuing the security bond, the number of such
bond, and such other information as may be required by the state
department or agency responsible for supervising the aid program
regarding the project, shall be transmitted to such department or
agency, where it shall be reviewed to determine its authenticity prior
to the award of such contract. The original of such bond shall remain in
the office of the municipality. Upon request of such department or
agency, the superintendent of financial services shall render such
assistance as is necessary to determine the authenticity of the security
bond.
materials to be furnished in or about any improvement to be made by two
or more municipalities under the provisions of this act shall involve an
expenditure of any sum of money exceeding five hundred dollars, the
municipal bodies or boards of the contracting municipalities, by their
official action taken in joint meeting as herein provided, shall
designate a time when they will meet at their usual place of meeting to
receive proposals, in writing, for doing the work or furnishing the
materials, and such joint meeting shall order the chairman and secretary
thereof to give notice, by advertisement inserted in one or more
newspapers published or circulating in the municipalities jointly
contracting, at least two weeks before the time of such meeting, of the
work to be done or materials to be furnished, of which at the time of
such order they shall cause to be filed in the office of such joint
meeting particular specifications; all proposals received shall be
publicly opened by such chairman in the presence and during a session of
such joint meeting, and of all others who choose to attend the said
meeting; not more than one proposal shall be received from any one
person, directly or indirectly, for the same contract work or materials;
and the said joint meeting may reject any and all of said proposals and
direct its chairman and secretary to advertise for new proposals and
accept such as shall in the opinion of a majority of the municipalities
represented in said joint meeting be deemed most advantageous for the
said municipalities, subject, however, to the reservations herein
provided; the board may require a bond or deposit from the person
submitting a proposal, the liability of such bond to accrue, or such
deposit to be forfeited to the municipality, or municipalities, in case
such person shall refuse to enter into a contract in accordance to his
proposal. The proposal so accepted shall be reduced to a contract in
writing, and a satisfactory bond to be approved by such joint meeting
shall be required and given for its faithful performance, but all
contracts when awarded shall be awarded to the lowest responsible bidder
offering satisfactory security; this section shall not apply to any
engineer or agent of the joint contracting municipalities engaged in
supervising or directing the work of such improvements.
2. Whenever a security bond is posted by a successful bidder for the
faithful performance of a municipal project under the provisions of this
article, for which state aid is approved, the name and address of the
bonding company or person issuing the security bond, the number of such
bond, and such other information as may be required by the state
department or agency responsible for supervising the aid program
regarding the project, shall be transmitted to such department or
agency, where it shall be reviewed to determine its authenticity prior
to the award of such contract. The original of such bond shall remain in
the office of the municipality. Upon request of such department or
agency, the superintendent of financial services shall render such
assistance as is necessary to determine the authenticity of the security
bond.