Section 2041-O. Contracts  


Latest version.
  • 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.
        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 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 proposal shall be accepted from or any contract awarded to,
      any person or corporation who is in arrears  to  the  authority  or  any
      participating  county  upon  any  obligation  of  the  authority  or any
      participating county. Every contract 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
      any participating county with  respect  to  any  proposed  project.  The
      provisions  of  this section shall supersede any inconsistent provisions
      of the general municipal law, or any other  general,  special  or  local
      law, or the charter of any participating county.
        The  authority  shall  ensure  that,  where possible, all employees or
      applicants for employment  are  afforded  equal  employment  opportunity
      without discrimination.