Section 1199-P. Contracts  


Latest version.
  • 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 of  the  governing  body
      except  as  hereinafter provided. Such awards, when applicable, shall be
      made  in  compliance  with  paragraph  (e)  of  subdivision   four   and
      subdivision  seven  of  section  one  hundred  twenty-w  of  the general
      municipal law. In any construction contract, the authority may provide a
      program for the payment of damages for delays and  incentive  awards  in
      order  to  encourage  timely  project  completion.  An  action,  suit or
      proceeding contesting the validity of a  contract  awarded  pursuant  to
      this  section, or the validity of the procedures relating to such award,
      shall be governed by the provisions of subdivision six  of  section  one
      hundred   twenty-w   of   the   general   municipal  law  and  the  term
      "municipality" as used in such subdivision six shall mean the authority.
        2. The bidder whose bid  is  accepted  shall  give  security  for  the
      faithful  performance  of  the  contract, and such other security as the
      authority may require, and may be required to maintain any  construction
      done  under  the contract for such period as shall be stipulated, all in
      the manner prescribed and required by the authority, and the sufficiency
      of  such  security  shall,  in  addition  to   the   justification   and
      acknowledgement,  be  approved  by  the authority. All bids or proposals
      shall be publicly opened by the governing body or  its  duly  authorized
      agent.  If  the  bidder  whose  bid  or proposal has been accepted after
      advertising shall neglect or refuse to accept the contract  within  five
      days  after  written notice that the contract 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 deposit forfeited. In case  any  work  shall  be  abandoned  by  any
      contractor, the authority may, if it determines that the public interest
      is  thereby  served,  adopt  on  behalf  of  the  authority  any  or all
      subcontracts made  by  such  contractor  for  such  work  and  all  such
      subcontractors  shall  be  bound  by  such  adoption  if made. No bid or
      proposal shall be accepted from, or any contract awarded to, any  person
      or corporation who is in arrears to the authority or the county upon any
      obligation  of  the authority or of the county. Every contract involving
      an expenditure of more than five 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 authority and one  copy  of  which  shall  be
      delivered  to  the  contractor. The authority may adopt, utilize, ratify
      and confirm any request  for  proposals,  invitation  for  sealed  bids,
      plans,  specifications  and notices heretofore or hereafter published by
      the county with respect to any proposed project, and the  authority  may
      adopt,  utilize,  accept  and confirm any bids or proposals submitted to
      the county and heretofore or hereafter received and publicly  opened  by
      the   county.  The  provisions  of  this  section  shall  supersede  any
      inconsistent provisions of the general municipal law, any other general,
      special or local law, or the charter of the county.