§ 2045-P — Contracts

New York § 2045-P

• Jurisdiction: New York
• Law PBA: Public Authorities
• Title 13-B: Onondaga County Resource Recovery Agency
• Art. 8: Miscellaneous Authorities

Text

§ 2045-p. Contracts. 1. All contracts or orders, for work, material or\nsupplies performed or furnished in connection with construction, shall\nbe awarded by the agency 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 agency 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 agency.\n 2. The bidder whose bid is accepted shall give security for the\nfaithful performance of the contract, and such other security as the\nagency 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 agency and the sufficiency of\nsuch security shall, in addition to the justification and\nacknowledgment, be approved by the agency. All bids or proposals shall\nbe publicly opened by the governing body or its duly authorized agent.\nIf the bidder whose bid or proposal has been accepted after advertising\nshall neglect or refuse to accept the contract within five days after\nwritten notice that the contract has been awarded to him on his bid or\nproposal, or, if he accepts but does not execute the contract and give\nproper security, the agency shall have the right to declare his deposit\nforfeited. In case any work shall be abandoned by any contractor, the\nagency may, if it determines that the public interest is thereby served,\nadopt on behalf of the agency any or all subcontracts made by such\ncontractor for such work and all such subcontractors shall be bound by\nsuch adoption if made. No bid or proposal shall be accepted from or any\ncontract awarded to, any person or corporation who is in arrears to the\nagency or the county upon any obligation of the agency or of the county.\nEvery contract involving an expenditure of more than five thousand\ndollars when made and entered into as herein provided for shall be\nexecuted in duplicate, one copy of which shall be held by the agency and\none copy of which shall be delivered to the contractor. The agency may\nadopt, utilize, ratify and confirm any request for proposals, invitation\nfor sealed bids, plans, specifications and notices heretofore or\nhereafter published by the county with respect to any proposed project,\nand the agency may adopt, utilize, accept and confirm any bids or\nproposals submitted to the county and heretofore or hereafter received\nand publicly opened by the county. The provisions of this section shall\nsupersede any inconsistent provisions of the general municipal law, any\nother general, special or local law, or the charter of the county. The\nagency shall be deemed an authority for the purpose of section\ntwenty-eight hundred seventy-eight of this chapter.\n