§ 1120-P — Contracts

New York § 1120-P

• Jurisdiction: New York
• Law PBA: Public Authorities
• Title 6-B: Clifton Park Water Authority
• Art. 5: Public Utility Authorities

Text

§ 1120-p. Contracts. 1. All contracts or orders for work, material or\nsupplies performed or furnished in connection with construction shall be\nawarded by the authority pursuant to resolution of the governing body\nexcept as hereinafter provided. Such awards, when applicable, shall be\nmade in compliance with paragraph (e) of subdivision four and\nsubdivision seven of section one hundred twenty-w of the general\nmunicipal law. In any construction contract, the authority may provide a\nprogram for the payment of damages for delays and incentive awards in\norder to encourage timely project completion. An action, suit or\nproceeding contesting the validity of a contract awarded pursuant to\nthis section, or the validity of the procedures relating to such award,\nshall be governed by the provisions of subdivision six of section one\nhundred twenty-w of the general municipal law and the term\n"municipality" as used in such subdivision six shall mean the authority.\n 2. The bidder whose bid is accepted shall give security for the\nfaithful performance of the contract, and such other security as the\nauthority may require, and may be required to maintain any construction\ndone under the contract for such period as shall be stipulated, all in\nthe manner prescribed and required by the authority, and the sufficiency\nof such security shall, in addition to the justification and\nacknowledgment, be approved by the authority. All bids or proposals\nshall be publicly opened by the governing body or its duly authorized\nagent. If the bidder whose bid or proposal has been accepted after\nadvertising shall neglect or refuse to accept the contract within five\ndays after written notice that the contract has been awarded to him on\nhis bid or proposal, or if he accepts but does not execute the contract\nand give proper security, the authority shall have the right to declare\nhis deposit forfeited. In case any work shall be abandoned by any\ncontractor, the authority may, if it determines that the public interest\nis thereby served, adopt on behalf of the authority any or all\nsubcontracts made by such contractor for such work and all such\nsubcontractors shall be bound by such adoption, if made. Every contract\ninvolving an expenditure of more than five thousand dollars when made\nand entered into as herein provided for shall be executed in duplicate,\none copy of which shall be held by the authority and one copy of which\nshall be delivered to the contractor. The authority may adopt, utilize,\nratify and confirm any request for proposals, invitation for sealed\nbids, plans, specifications and notices heretofore or hereafter\npublished by the town with respect to any proposed project, and the\nauthority may adopt, utilize, ratify, accept and confirm any bids or\nproposals submitted to the town and heretofore or hereafter received and\npublicly opened by the town. The provisions of this section shall\nsupersede any inconsistent provisions of the general municipal law, and\nother general, special or local law, or the charter of the town;\nprovided, however, the provisions of the ethics law of the town shall\napply to the authority and its members. The authority shall be deemed to\nbe an authority for purposes of section twenty-eight hundred\nseventy-eight of this chapter.\n