SENATE AMENDED
        PRIOR PRINTER'S NOS. 2995, 3175              PRINTER'S NO. 3753

THE GENERAL ASSEMBLY OF PENNSYLVANIA


HOUSE BILL

No. 2349 Session of 1978


        INTRODUCED BY MESSRS. IRVIS AND MEBUS, APRIL 11, 1978

        SENATOR LEWIS, LOCAL GOVERNMENT, IN SENATE, AS AMENDED,
           SEPTEMBER 18, 1978

                                     AN ACT

     1  Amending the act of April 18, 1949 (P.L.604, No.128), entitled
     2     "An act to promote the welfare of the people of the
     3     Commonwealth; creating a State Highway and Bridge Authority
     4     as a body corporate and politic with power to construct,
     5     reconstruct, improve, maintain, equip, furnish, and operate
     6     highway and bridge projects, and roadside rests, and to lease
     7     the same, and to fix and collect fees, rentals, and charges
     8     for the use thereof; authorizing and regulating the issuance
     9     of bonds by said Authority, and providing for the payment of
    10     such bonds, and the rights of the holders thereof; and to
    11     enter into agreements with the Government of the United
    12     States or any Federal agency; and authorizing the Department
    13     of Highways to grant, assign, convey or lease to the
    14     Authority lands, easements, or rights of way of the
    15     Commonwealth and interest therein, and to acquire lands
    16     therefor; authorizing said Authority and the Department of
    17     Highways to enter into agreements providing for mutual
    18     cooperation in furtherance of the construction of any project
    19     hereby authorized; granting the right of eminent domain;
    20     empowering said Authority to sell and convey projects and
    21     property to the Commonwealth; and providing that no debt of
    22     the Commonwealth or any of its political subdivisions shall
    23     be incurred in the exercise of any of the powers granted by
    24     this act; and making an appropriation," further providing for
    25     award of contracts.

    26     The General Assembly of the Commonwealth of Pennsylvania
    27  hereby enacts as follows:
    28     Section 1.  Section 13, act of April 18, 1949 (P.L.604,
    29  No.128), known as the "State Highway and Bridge Authority Act,"

     1  amended August 2, 1963 (P.L.494, No.258), is amended to read:
     2     Section 13.  Competition in Award of Contracts.--If any
     3  project or any portion thereof or any improvement thereof shall
     4  be constructed, equipped or furnished pursuant to a contract and
     5  the estimated cost thereof exceeds [five hundred dollars
     6  ($500.00)] two thousand five hundred dollars ($2,500), such
     7  contract shall be awarded to the lowest responsible bidder,
     8  after advertisement for bids. The Authority may make rules and
     9  regulations for the submission of bids and the construction,
    10  equipping, furnishing or improvement of any project or portion
    11  thereof. Such rules and regulations may provide for the
    12  submission of bids to the Department of Highways as agent for
    13  the Authority, as provided in section five of this act. No
    14  contract shall be entered into for construction, equipping,
    15  furnishing or improvement of any project or portion thereof, or
    16  for the purchase of materials, unless the contractor shall give
    17  an undertaking with a sufficient surety or sureties approved by
    18  the Authority, and in an amount fixed by the Authority, for the
    19  faithful performance of the contract; and such contracts shall
    20  also be accompanied by an additional bond for the protection of
    21  those who furnish labor and material, in such amount and subject
    22  to the same terms and conditions as required by the State
    23  Highway Law on contracts for the construction of State highways.
    24  Nothing in this section shall be construed to limit the power of
    25  the Authority to construct any project or portion thereof, or
    26  any addition, betterment or extension thereto, directly by the
    27  officers, agents and employes of the Authority, or by agreement
    28  with the Federal or State government, or any agency or
    29  department, or either thereof.
    30     Subject to the aforesaid, the Authority may (but without
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     1  intending by this provision to limit any powers of such
     2  authority) enter into and carry out such contracts, or establish
     3  or comply with such rules and regulations concerning labor and
     4  materials and other related matters in connection with any
     5  project or portion thereof, as the Authority may deem desirable
     6  or as may be requested by any Federal agency that may assist in
     7  the financing of such project or any part thereof.
     8     Every contract for the construction, reconstruction, repair,   <--
     9  improvement or maintenance of public works shall contain a
    10  provision that any steel products used or supplied in the
    11  performance of the contract or any subcontracts thereunder shall
    12  be from steel made in the United States.
    13     Section 2.  The provisions of this act shall be construed in
    14  a manner consistent with the act of March 3, 1978 (No.3), known
    15  as the "Steel Products Procurement Act."
    16     EVERY CONTRACT FOR THE CONSTRUCTION, RECONSTRUCTION,           <--
    17  ALTERATION, REPAIR, IMPROVEMENT OR MAINTENANCE OF PUBLIC WORKS
    18  SHALL COMPLY WITH THE PROVISIONS OF THE ACT OF MARCH 3, 1978
    19  (NO.3), KNOWN AS THE "STEEL PRODUCTS PROCUREMENT ACT."
    20     Section 3. 2.  This act shall take effect in 60 days.          <--







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