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This entry was published on 2014-09-22
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SECTION 2030
Contracts
Public Authorities (PBA) CHAPTER 43-A, ARTICLE 8, TITLE 13
§ 2030. 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 of more than two thousand five hundred 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 the 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 justification and acknowledgment, be approved by the authority. All
bids or proposals shall be publicly opened by the authority or its duly
authorized 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
deposit 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 interest of the authority be thereby
served, adopt on behalf of the authority any or all subcontracts made by
such contractor for such work and all such subcontractors 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 subcontract
or subcontracts 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 Onondaga 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 two
thousand five hundred dollars when made and entered into as herein
provided for shall be executed in duplicate, one copy of which shall be
held by the authority and one copy of which shall be delivered to the
contractor.