§ 1115-V — Contracts

§ 1115-v. Contracts. 1. All contracts or orders for work, material or\nsupplies performed or furnished in connection with construction shall be\nawarded by the contracting agency pursuant to resolution of its\ngoverning body. Such awards shall be made in compliance with section one\nhundred three of the general municipal law. In any construction\ncontract, the contracting agency may provide a program for the payment\nof damages for delays and incentive awards in order to encourage timely\nproject completion. An action, suit or proceeding contesting the\nvalidity of a contract awarded pursuant to this section, or the validity\nof the procedures relating to such award, shall be governed by the\nprovisions of section one hundred three of the general municipal law and\nthe term "political subdivision" as defined in section one hundred of\nthe general municipal law shall be deemed to include the contracting\nagency for the purposes of such section one hundred three.\n 2. The bidder whose bid is accepted shall give security for the\nfaithful performance of the contract, and such other security as the\ncontracting agency may require, and may be required to maintain any\nconstruction done under the contract for such period as shall be\nstipulated, all in the manner prescribed and required by the contracting\nagency, and the sufficiency of such security shall, in addition to the\njustification and acknowledgement, be approved by the contracting\nagency. All bids or proposals shall be publicly opened by the governing\nbody or its duly authorized agent. If the bidder whose bid or proposal\nhas been accepted after advertising shall neglect or refuse to accept\nthe contract within five days after written notice that the contract has\nbeen awarded to him on his bid or proposal, or if he accepts but does\nnot execute the contract and give proper security, the contracting\nagency shall have the right to declare his deposit forfeited. In case\nany work shall be abandoned by any contractor, the contracting agency\nmay, if it determines that the public interest is thereby served, adopt\non its own behalf any or all subcontracts made by such contractor for\nsuch work and all such subcontractors shall be bound by such adoption if\nmade. No bid or proposal shall be accepted from, or any contract awarded\nto, any person or corporation who is in arrears to the contracting\nagency or the city upon any obligation of the contracting agency or of\nthe city. Every contract involving an expenditure of more than five\nthousand dollars when made and entered into as herein provided for shall\nbe executed in duplicate, one copy of which shall be held by the\nauthority and one copy of which shall be delivered to the contractor.\nThe contracting agency may adopt, utilize, ratify and confirm any\nrequest for proposals, invitation for sealed bids, plans, specifications\nand notices heretofore or hereafter published by the city with respect\nto any proposed project, and the contracting agency may adopt, utilize,\naccept and confirm any bids or proposals submitted to the city and\nheretofore or hereafter received and publicly opened by the city. The\nprovisions of this section shall supersede any inconsistent provisions\nof the general municipal law, any other general, special or local law,\nor the charter of the city.\n