§ 2041-o. Contracts. All contracts or orders for work, material or\nsupplies performed or furnished in connection with construction, shall\nbe awarded 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 prov
Free access — add to your briefcase to read the full text and ask questions with AI
§ 2041-o. Contracts. All contracts or orders for work, material or\nsupplies performed or furnished in connection with construction, shall\nbe awarded 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 The bidder whose bid is accepted shall give security for the faithful\nperformance of the contract, and such other security as the authority\nmay require, and may be required to maintain any construction done under\nthe contract for such period as shall be stipulated, all in the manner\nprescribed and required by the authority and the sufficiency of such\nsecurity shall, in addition to the justification and acknowledgement, be\napproved by the authority. All bids or proposals shall be publicly\nopened by the governing body or its duly authorized agent. If the bidder\nwhose bid or proposal has been accepted after advertising shall neglect\nor refuse to accept the contract within five days after written notice\nthat the contract has been awarded to him on his bid proposal or, if he\naccepts but does not execute the contract and give proper security, the\nauthority shall have the right to declare his deposit forfeited. In case\nany work shall be abandoned by any contractor, the authority may, if it\ndetermines that the public interest is thereby served, adopt on behalf\nof the authority 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 proposal shall be accepted from or any contract awarded to,\nany person or corporation who is in arrears to the authority or any\nparticipating county upon any obligation of the authority or any\nparticipating county. Every contract shall be executed in duplicate, one\ncopy of which shall be held by the authority and one copy of which shall\nbe delivered 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\nany participating county with respect to any proposed project. The\nprovisions of this section shall supersede any inconsistent provisions\nof the general municipal law, or any other general, special or local\nlaw, or the charter of any participating county.\n The authority shall ensure that, where possible, all employees or\napplicants for employment are afforded equal employment opportunity\nwithout discrimination.\n