§ 1199-P — Contracts

New York § 1199-P

• Jurisdiction: New York
• Law PBA: Public Authorities
• Title 8-D: Rensselaer County Water and Sewer Authority
• Art. 5: Public Utility Authorities

Text

§ 1199-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\nacknowledgement, 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. No bid or\nproposal shall be accepted from, or any contract awarded to, any person\nor corporation who is in arrears to the authority or the county upon any\nobligation of the authority or of the county. Every contract involving\nan expenditure of more than five thousand dollars when made and entered\ninto as herein provided for shall be executed in duplicate, one copy of\nwhich shall be held by the authority and one copy of which shall be\ndelivered to the contractor. The authority may adopt, utilize, ratify\nand confirm any request for proposals, invitation for sealed bids,\nplans, specifications and notices heretofore or hereafter published by\nthe county with respect to any proposed project, and the authority may\nadopt, utilize, accept and confirm any bids or proposals submitted to\nthe county and heretofore or hereafter received and publicly opened by\nthe county. The provisions of this section shall supersede any\ninconsistent provisions of the general municipal law, any other general,\nspecial or local law, or the charter of the county.\n