S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   9154
 
                           I N  A S S E M B L Y
 
                             January 31, 2022
                                ___________
 
 Introduced  by M. of A. WALLACE -- read once and referred to the Commit-
   tee 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
 proposals shall be publicly opened by the authority or its duly  author-

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

                                                            LBD14363-01-2
 A. 9154                             2

 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.