§ 2047-P — Contracts

New York § 2047-P

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

Text

§ 2047-p. Contracts. 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 The bidder whose bid is accepted shall give security for the faithful\nperformance of the contract, and such other security as the agency may\nrequire, and may be required to maintain any construction done under the\ncontract for such period as shall be stipulated, all in the manner\nprescribed and required by the agency and the sufficiency of such\nsecurity shall, in addition to the justification and acknowledgement, be\napproved by the agency. All bids or proposals shall be publicly opened\nby the governing body or its duly authorized agent. If the bidder whose\nbid or proposal has been accepted after advertising shall neglect or\nrefuse to accept the contract within five days after written notice that\nthe contract has been awarded to him on his bid or proposal, or, if he\naccepts but does not execute the contract and give proper security, the\nagency shall have the right to declare his deposit forfeited. In case\nany work shall be abandoned by any contractor, the agency may, if it\ndetermines that the public interest is thereby served, adopt on behalf\nof the agency any or all subcontracts made by such contractor for such\nwork 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 agency or the\ncounty upon any obligation of the agency or of the county. Every\ncontract involving an expenditure of more than five thousand dollars\nwhen made and entered into as herein provided for shall be executed in\nduplicate, one copy of which shall be held by the agency and one copy of\nwhich shall be delivered to the contractor. The agency may adopt,\nutilize, ratify and confirm any request for proposals, invitation for\nsealed bids, plans, specifications and notices heretofore or hereafter\npublished by the county with respect to any proposed project, and the\nagency may adopt, utilize, accept and confirm any bids or proposals\nsubmitted to the county and heretofore or hereafter received and\npublicly 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-six hundred four of this chapter.\n