PRIOR PRINTER'S NO. 813 PRINTER'S NO. 1658
No. 749 Session of 1989
INTRODUCED BY STOUT, CORMAN, STEWART, BRIGHTBILL, PUNT, LEMMOND,
PORTERFIELD, MADIGAN, AFFLERBACH, REIBMAN AND PETERSON,
MARCH 23, 1989
SENATOR PECORA, LOCAL GOVERNMENT, AS AMENDED, OCTOBER 24, 1989
AN ACT
1 Amending the act of June 5, 1947 (P.L.458, No.208), entitled, as
2 amended, "An act creating as bodies corporate and politic
3 'Parking Authorities' in cities of the first, second, second
4 A and third classes, boroughs, and townships of the first
5 class; prescribing the rights, powers and duties of such
6 authorities; authorizing such authorities to acquire,
7 construct, improve, maintain and operate parking projects, to
8 conduct research of the parking problem, to supervise,
9 operate and administer an efficient coordinated system of on-
10 street parking regulation where so authorized by municipal
11 ordinance or resolution, to establish a permanent coordinated
12 system of off-street parking facilities, and to borrow money
13 and issue bonds for such facilities therefor; providing for
14 the payment of such bonds and prescribing the rights of the
15 holders thereof; conferring the right of eminent domain on
16 such authorities; empowering such authorities to enter into
17 contracts with, and to accept grants from, the Federal
18 Government, State, political subdivisions of the State or any
19 agency thereof; exempting the property and securities of such
20 parking authorities from taxation and conferring exclusive
21 jurisdiction on certain courts over rates for their
22 facilities," increasing the maximum amount for which an
23 authority may contract or purchase without bids.
24 The General Assembly of the Commonwealth of Pennsylvania
25 hereby enacts as follows:
26 Section 1. Section 11(a) and (b) 11 of the act of June 5, <--
27 1947 (P.L.458, No.208), known as the Parking Authority Law,
28 amended OR ADDED OCTOBER 4, 1978 (P.L.1029, NO.229) AND February <--
1 5, 1982 (P.L.15, No.7), are IS amended to read: <--
2 Section 11. Competition in Award of Contracts.--(a) All
3 construction, reconstruction, repairs or work of any nature made
4 by any Authority, where the entire cost, value or amount of such
5 construction, reconstruction, repairs or work including labor
6 and materials, shall exceed [four thousand dollars ($4,000)] ten
7 thousand dollars ($10,000), except reconstruction, repairs or
8 work done by employes of said Authority, or by labor supplied
9 under agreement with any Federal or State agency with supplies
10 and materials purchased as hereinafter provided, shall be done
11 only under contract or contracts to be entered into by the
12 Authority with the lowest responsible bidder, upon proper terms,
13 after due public notice has been given, asking for competitive
14 bids as hereinafter provided. No contract shall be entered into
15 for construction or improvement or repair of any project, or
16 portion thereof, unless the contractor shall give an undertaking
17 with a sufficient surety or sureties, approved by the Authority,
18 and in an amount fixed by the Authority for the faithful
19 performance of the contract. All such contracts shall provide,
20 among other things, that the person or corporation entering into
21 such contract with the Authority will pay for all materials
22 furnished and services rendered for the performance of the
23 contract, and that any person or corporation furnishing such
24 materials or rendering such services may maintain an action to
25 recover for the same against the obligor in the undertaking, as
26 though such person or corporation was named therein, provided
27 the action is brought within one year after the time the cause
28 of action accrued. Nothing in this section shall be construed to
29 limit the power of the Authority to construct, repair or improve
30 any project or portion thereof, or any addition, betterment or
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1 extension thereto directed by the officers, agents and employes
2 of the Authority or otherwise than by contract.
3 (b) All supplies and materials costing [four thousand
4 dollars ($4,000)] ten thousand dollars ($10,000) or more shall
5 be purchased only after due advertisement as hereinafter
6 provided. Authority shall accept the lowest bid or bids, kind,
7 quality and material being equal, but the Authority shall have
8 the right to reject any or all bids or select a single item from
9 any bid. The provisions as to bidding shall not apply to the
10 purchase of patented and manufactured products offered for sale
11 in a noncompetitive market, or solely by a manufacturer's
12 authorized dealer.
13 * * * <--
14 (C) THE TERMS, ADVERTISEMENT OR DUE PUBLIC NOTICE, WHEREVER <--
15 USED IN THIS SECTION SHALL MEAN A NOTICE PUBLISHED AT LEAST TEN
16 (10) DAYS BEFORE THE AWARD OF ANY CONTRACT IN A NEWSPAPER OF
17 GENERAL CIRCULATION PUBLISHED IN THE MUNICIPALITY WHERE THE
18 AUTHORITY HAS ITS PRINCIPAL OFFICE, AND IF NO NEWSPAPER IS
19 PUBLISHED THEREIN, THEN BY PUBLICATION IN A NEWSPAPER IN THE
20 COUNTY WHERE THE AUTHORITY HAS ITS PRINCIPAL OFFICE.
21 (D) NO MEMBER OF THE AUTHORITY OR OFFICER OR EMPLOYE THEREOF
22 SHALL EITHER DIRECTLY OR INDIRECTLY BE A PARTY TO, OR BE IN ANY
23 MANNER INTERESTED IN, ANY CONTRACT OR AGREEMENT WITH THE
24 AUTHORITY FOR ANY MATTER, CAUSE OR THING WHATSOEVER BY REASON
25 WHEREOF ANY LIABILITY OR INDEBTEDNESS SHALL IN ANY WAY BE
26 CREATED AGAINST SUCH AUTHORITY. IF ANY CONTRACT OR AGREEMENT
27 SHALL BE MADE IN VIOLATION OF THE PROVISIONS OF THIS SECTION THE
28 SAME SHALL BE NULL AND VOID AND NO ACTION SHALL BE MAINTAINED
29 THEREON AGAINST SUCH AUTHORITY.
30 (E) SUBJECT TO THE FOREGOING PROVISIONS ANY AUTHORITY MAY,
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1 BUT WITHOUT INTENDING BY THIS PROVISION TO LIMIT ANY POWERS OF
2 SUCH AUTHORITY, ENTER INTO AND CARRY OUT SUCH CONTRACTS OR
3 ESTABLISH OR COMPLY WITH SUCH RULES AND REGULATIONS CONCERNING
4 LABOR AND MATERIALS AND OTHER RELATED MATTERS IN CONNECTION WITH
5 ANY PROJECT OR PORTION THEREOF AS THE AUTHORITY MAY DEEM
6 DESIRABLE, OR AS MAY BE REQUESTED BY ANY FEDERAL AGENCY THAT MAY
7 ASSIST IN THE FINANCING OF SUCH PROJECT OR ANY PART THEREOF:
8 PROVIDED, HOWEVER, THAT THE PROVISIONS OF THIS SECTION SHALL NOT
9 APPLY TO ANY CASE IN WHICH THE AUTHORITY HAS TAKEN OVER BY
10 TRANSFER OR ASSIGNMENT ANY CONTRACT AUTHORIZED TO BE ASSIGNED TO
11 IT UNDER THE PROVISIONS OF SECTION SIXTEEN OF THIS ACT, NOR TO
12 ANY CONTRACT IN CONNECTION WITH THE CONSTRUCTION OF ANY PROJECT
13 WHICH THE AUTHORITY MAY HAVE HAD TRANSFERRED TO IT BY ANY PERSON
14 OR PRIVATE CORPORATION.
15 (F) EVERY CONTRACT FOR THE CONSTRUCTION, RECONSTRUCTION,
16 ALTERATION, REPAIR, IMPROVEMENT OR MAINTENANCE OF PUBLIC WORKS
17 SHALL COMPLY WITH THE PROVISIONS OF THE ACT OF MARCH 3, 1978
18 (P.L.6, NO.3), KNOWN AS THE "STEEL PRODUCTS PROCUREMENT ACT."
19 (G) AN AUTHORITY SHALL NOT EVADE THE PROVISIONS OF THIS
20 SECTION AS TO BIDS OR PURCHASING MATERIALS OR CONTRACTING FOR
21 SERVICES PIECE-MEAL, FOR THE PURPOSE OF OBTAINING PRICES UNDER
22 TEN THOUSAND DOLLARS ($10,000) UPON TRANSACTIONS WHICH SHOULD IN
23 THE EXERCISE OF REASONABLE DISCRETION AND PRUDENCE BE CONDUCTED
24 AS ONE TRANSACTION AMOUNTING TO MORE THAN TEN THOUSAND DOLLARS
25 ($10,000). THIS PROVISION IS INTENDED TO MAKE UNLAWFUL THE
26 PRACTICE OF EVADING ADVERTISING REQUIREMENTS BY MAKING A SERIES
27 OF PURCHASES OR CONTRACTS EACH FOR LESS THAN THE ADVERTISING
28 REQUIREMENT PRICE, OR BY MAKING SEVERAL SIMULTANEOUS PURCHASES
29 OR CONTRACTS EACH BELOW SAID PRICE, WHEN IN EITHER CASE THE
30 TRANSACTION INVOLVED SHOULD HAVE BEEN MADE AS ONE TRANSACTION
19890S0749B1658 - 4 -
1 FOR ONE PRICE.
2 Section 2. This act shall take effect in 60 days.
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