§ 2053-R — Contracts

New York § 2053-R

• Jurisdiction: New York
• Law PBA: Public Authorities
• Title 13-M: Rockland County Solid Waste Management Authority
• Art. 8: Miscellaneous Authorities

Text

§ 2053-r. 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 person whose bid or proposal is accepted shall give security\nfor the faithful performance of the contract, and such other security as\nthe authority may require, and may be required to maintain any\nconstruction done under the contract for such period as shall be\nstipulated, all in the manner prescribed and required by the authority\nand the sufficiency of such security shall, in addition to the\njustification and acknowledgement, be approved by the authority. All\nbids or proposals shall be publicly opened by the governing body or its\nduly authorized agent. If the person whose bid or proposal has been\naccepted after advertising shall neglect or refuse to accept the\ncontract within five days after written notice that the contract has\nbeen awarded to him on his bid or proposal or if he accepts but does not\nexecute the contract and give proper security, the authority shall have\nthe right to declare his deposit forfeited. In case any work shall be\nabandoned by any contractor, the authority may, if it determines that\nthe public interest is thereby served, adopt on behalf of the authority\nany or all subcontracts made by such contractor for such work and all\nsuch subcontractors shall be bound by such adoption if made. No bid or\nproposal shall be accepted from or any contract awarded to any person or\ncorporation who is in arrears to the authority or the county upon any\nobligation of the authority or of the county. Every contract shall be\nexecuted in duplicate, one copy of which shall be held by the authority\nand one copy of which shall be delivered to the contractor. The\nauthority may adopt, utilize, ratify and confirm any request for\nproposals, invitation for sealed bids, plans, specifications and notices\nheretofore or hereafter published by the county with respect to any\nproposed project. The provisions of this section shall supersede any\ninconsistent provisions of the general municipal law, or any other\ngeneral, special or local law, or the charter of the county. The\nauthority shall be deemed an authority for the purpose of section\ntwenty-eight hundred seventy-eight of this chapter.\n 3. For the purposes of article fifteen-A of the executive law only,\nthe authority shall be deemed a state agency as that term is used in\nsuch article, and its contracts for design, construction, services and\nmaterials shall be deemed state contracts within the meaning of that\nterm as set forth in such article.\n