S T A T E O F N E W Y O R K
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3015
2009-2010 Regular Sessions
I N A S S E M B L Y
January 22, 2009
___________
Introduced by M. of A. BARCLAY -- 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
between the Onondaga county water authority with the town of Marcellus
and the town of Skaneateles
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Section 1166 of the public authorities law, as amended by
chapter 525 of the laws of 1979, subdivision 1 as amended by chapter 597
of the laws of 1995 and subdivision 2 as added by chapter 416 of the
laws of 1994, is amended to read as follows:
S 1166. Contracts. 1. 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 ten 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
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD03098-01-9
A. 3015 2
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-
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 interest 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 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 ten
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 ten 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. NOTHING IN
THIS SUBDIVISION SHALL BE CONSTRUED TO LIMIT THE POWER OF THE AUTHORITY
PURSUANT TO THIS TITLE TO DO ANY SUCH CONSTRUCTION DIRECTLY BY THE OFFI-
CERS, AGENTS AND EMPLOYEES OF THE AUTHORITY OR TO FURNISH MATERIALS AND
SUPPLIES FOR THAT CONSTRUCTION PROVIDED THAT THE MATERIALS AND THE
SUPPLIES ARE OBTAINED BY THE AUTHORITY FROM THE LOWEST RESPONSIBLE
BIDDER AWARDED THE AUTHORITY'S THEN CURRENT ANNUAL CONTRACT FOR MATERI-
ALS AND SUPPLIES.
2. THE AUTHORITY PURSUANT TO THIS TITLE MAY ENTER INTO AGREEMENTS
SUBJECT TO THIS SECTION WITH THE TOWN OF MARCELLUS AND THE TOWN OF
SKANEATELES, FOR THE INSTALLATION OF A WATER PROJECT INCLUDING THE
CONSTRUCTION, DEVELOPMENT, EXTENSION OR IMPROVEMENT OF A WATER SUPPLY OR
DISTRIBUTION SYSTEM, OR ANY PART OR PARTS THEREOF, TO SERVE PORTIONS OF
THE TOWN OF MARCELLUS AND THE TOWN OF SKANEATELES WHICH ARE LOCATED IN
THE GLOVER ROAD, LIMELEDGE ROAD, OLD SENECA TURNPIKE, GYPSY ROAD, DEER
PATH ROAD, BROWSING LANE, LAWRENCE ROAD, BISHOP HILL ROAD, NEW YORK
STATE ROUTES 174 AND 175, STUMP ROAD AND NORTHWEST TOWN ROAD AREA OF THE
TOWN OF MARCELLUS AND THE TOWN OF SKANEATELES. WHEN THE CONTRACTOR
ENGAGED BY THE AUTHORITY TO DO THE CONSTRUCTION IS THE LOWEST RESPONSI-
BLE BIDDER AWARDED THE AUTHORITY'S THEN CURRENT ANNUAL CONTRACT FOR
CONSTRUCTION AND MAINTENANCE, THE AGREEMENTS WITH THE TOWN OF MARCELLUS
AND THE TOWN OF SKANEATELES MAY BE ENTERED INTO BY DIRECT NEGOTIATION.
A. 3015 3
ANY SUCH AGREEMENTS MAY CONTAIN PROVISIONS EQUITABLY ALLOCATING COSTS
AND SUCH AGREEMENTS SHALL NOT BE SUBJECT TO ANY OTHER PROVISION OF LAW
WITH RESPECT TO COMPETITIVE BIDDING IN CONFLICT HEREWITH.
3. For the purposes of article fifteen-A of the executive law only,
the authority shall be deemed a state agency as that term is used in
such article, and its contracts, or orders for work, material or
supplies performed or furnished in connection with construction shall be
deemed state contracts within the meaning of that term as set forth in
such article.
S 2. This act shall take effect immediately.