N.Y. Public Authorities Law § 1385: Contracts; manner of letting

§ 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.