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This entry was published on 2014-09-22
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Contracts; manner of letting
Public Authorities (PBA) CHAPTER 43-A, ARTICLE 6, TITLE 3
§ 1385. Contracts; manner of letting. Where the expense of the
construction of a project, of a part thereof, or an addition, betterment
or extension to the port facilities, or the purchase of materials,
supplies and equipment involves an expense exceeding two thousand
dollars, the authority shall advertise for bids and shall award the
contract to the lowest responsible bidder fully complying with the plans
and specifications. Such advertisement shall be published once, not less
than one week prior to the date fixed for the opening of bids, in one
newspaper having a general circulation in the city of Ogdensburg. The
authority may make rules and regulations for the submission of bids and
award of contract thereon and may provide in such rules and regulations
that no performance, bond or undertaking need be furnished by the
contractor for the purchase of materials, supplies and equipment in an
amount not exceeding two thousand dollars. No contract shall be entered
into for the construction of a project, or part thereof, or for an
addition, betterment or extension to the facilities or for the purchase
of materials, supplies and equipment in an amount exceeding two thousand
dollars unless the contractor shall give an undertaking with a
sufficient surety or sureties approved by the authority and in the
amount fixed by the authority for the faithful performance of the
contract. As to a contract entered into for the construction, the
undertaking shall provide, among other things, that the person or
corporation entering into such a contract will pay for all materials
furnished and services rendered in the performance of the contract and
that a person or corporation furnishing such materials or rendering such
services may maintain an action to recover for the same against the
obligor in the undertaking as though such person or corporation were
named therein, provided the action is brought within one year after the
time the cause of action accrued. In case of public emergency involving
accident or other damage by which the port facilities, or any part
thereof, shall become disabled, the authority may cause all necessary
repairs thereto to be made without advertisement, bidding and the
letting of a formal contract therefor.