Section 2051-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 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. 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  the  county.  The
      authority  shall  be  deemed  an  authority  for  the purpose of section
      twenty-eight hundred seventy-eight of this chapter.
        * NB There are 3 § 2051-p's