State Codes and Statutes

Statutes > New-york > Pba > Article-8 > Title-13-aa > 2041-o

§  2041-o.  Contracts.  All  contracts or orders for work, material or  supplies performed or furnished in connection with  construction,  shall  be awarded by the authority pursuant to resolution of the governing body  except  as  hereinafter provided. Such awards, when applicable, shall be  made  in  compliance  with  paragraph  (e)  of  subdivision   four   and  subdivision  seven  of  section  one  hundred  twenty-w  of  the general  municipal law. In any construction contract, the authority may provide a  program for the payment of damages for delays and  incentive  awards  in  order  to  encourage  timely  project  completion.  An  action,  suit or  proceeding contesting the validity of a  contract  awarded  pursuant  to  this  section, or the validity of the procedures relating to such award,  shall be governed by the provisions of subdivision six  of  section  one  hundred   twenty-w   of   the   general   municipal  law  and  the  term  "municipality" as used in such subdivision six shall mean the authority.    The bidder whose bid is accepted shall give security for the  faithful  performance  of  the  contract, and such other security as the authority  may require, and may be required to maintain any construction done under  the contract for such period as shall be stipulated, all in  the  manner  prescribed  and  required  by  the authority and the sufficiency of such  security shall, in addition to the justification and acknowledgement, be  approved by the authority. All  bids  or  proposals  shall  be  publicly  opened by the governing body or its duly authorized agent. If the bidder  whose  bid or proposal has been accepted after advertising shall neglect  or refuse to accept the contract within five days after  written  notice  that  the contract has been awarded to him on his bid proposal or, if he  accepts but does not execute the contract and give proper security,  the  authority shall have the right to declare his deposit forfeited. In case  any  work shall be abandoned by any contractor, the authority may, if it  determines that the public interest is thereby served, adopt  on  behalf  of  the  authority  any  or all subcontracts made by such contractor for  such work and all such subcontractors shall be bound by such adoption if  made. No bid proposal shall be accepted from or any contract awarded to,  any person or corporation who is in arrears  to  the  authority  or  any  participating  county  upon  any  obligation  of  the  authority  or any  participating county. Every contract shall be executed in duplicate, one  copy of which shall be held by the authority and one copy of which shall  be delivered to the contractor. The authority may adopt, utilize, ratify  and confirm any request  for  proposals,  invitation  for  sealed  bids,  plans,  specifications  and notices heretofore or hereafter published by  any participating county with  respect  to  any  proposed  project.  The  provisions  of  this section shall supersede any inconsistent provisions  of the general municipal law, or any other  general,  special  or  local  law, or the charter of any participating county.    The  authority  shall  ensure  that,  where possible, all employees or  applicants for employment  are  afforded  equal  employment  opportunity  without discrimination.

State Codes and Statutes

Statutes > New-york > Pba > Article-8 > Title-13-aa > 2041-o

§  2041-o.  Contracts.  All  contracts or orders for work, material or  supplies performed or furnished in connection with  construction,  shall  be awarded by the authority pursuant to resolution of the governing body  except  as  hereinafter provided. Such awards, when applicable, shall be  made  in  compliance  with  paragraph  (e)  of  subdivision   four   and  subdivision  seven  of  section  one  hundred  twenty-w  of  the general  municipal law. In any construction contract, the authority may provide a  program for the payment of damages for delays and  incentive  awards  in  order  to  encourage  timely  project  completion.  An  action,  suit or  proceeding contesting the validity of a  contract  awarded  pursuant  to  this  section, or the validity of the procedures relating to such award,  shall be governed by the provisions of subdivision six  of  section  one  hundred   twenty-w   of   the   general   municipal  law  and  the  term  "municipality" as used in such subdivision six shall mean the authority.    The bidder whose bid is accepted shall give security for the  faithful  performance  of  the  contract, and such other security as the authority  may require, and may be required to maintain any construction done under  the contract for such period as shall be stipulated, all in  the  manner  prescribed  and  required  by  the authority and the sufficiency of such  security shall, in addition to the justification and acknowledgement, be  approved by the authority. All  bids  or  proposals  shall  be  publicly  opened by the governing body or its duly authorized agent. If the bidder  whose  bid or proposal has been accepted after advertising shall neglect  or refuse to accept the contract within five days after  written  notice  that  the contract has been awarded to him on his bid proposal or, if he  accepts but does not execute the contract and give proper security,  the  authority shall have the right to declare his deposit forfeited. In case  any  work shall be abandoned by any contractor, the authority may, if it  determines that the public interest is thereby served, adopt  on  behalf  of  the  authority  any  or all subcontracts made by such contractor for  such work and all such subcontractors shall be bound by such adoption if  made. No bid proposal shall be accepted from or any contract awarded to,  any person or corporation who is in arrears  to  the  authority  or  any  participating  county  upon  any  obligation  of  the  authority  or any  participating county. Every contract shall be executed in duplicate, one  copy of which shall be held by the authority and one copy of which shall  be delivered to the contractor. The authority may adopt, utilize, ratify  and confirm any request  for  proposals,  invitation  for  sealed  bids,  plans,  specifications  and notices heretofore or hereafter published by  any participating county with  respect  to  any  proposed  project.  The  provisions  of  this section shall supersede any inconsistent provisions  of the general municipal law, or any other  general,  special  or  local  law, or the charter of any participating county.    The  authority  shall  ensure  that,  where possible, all employees or  applicants for employment  are  afforded  equal  employment  opportunity  without discrimination.

State Codes and Statutes

State Codes and Statutes

Statutes > New-york > Pba > Article-8 > Title-13-aa > 2041-o

§  2041-o.  Contracts.  All  contracts or orders for work, material or  supplies performed or furnished in connection with  construction,  shall  be awarded by the authority pursuant to resolution of the governing body  except  as  hereinafter provided. Such awards, when applicable, shall be  made  in  compliance  with  paragraph  (e)  of  subdivision   four   and  subdivision  seven  of  section  one  hundred  twenty-w  of  the general  municipal law. In any construction contract, the authority may provide a  program for the payment of damages for delays and  incentive  awards  in  order  to  encourage  timely  project  completion.  An  action,  suit or  proceeding contesting the validity of a  contract  awarded  pursuant  to  this  section, or the validity of the procedures relating to such award,  shall be governed by the provisions of subdivision six  of  section  one  hundred   twenty-w   of   the   general   municipal  law  and  the  term  "municipality" as used in such subdivision six shall mean the authority.    The bidder whose bid is accepted shall give security for the  faithful  performance  of  the  contract, and such other security as the authority  may require, and may be required to maintain any construction done under  the contract for such period as shall be stipulated, all in  the  manner  prescribed  and  required  by  the authority and the sufficiency of such  security shall, in addition to the justification and acknowledgement, be  approved by the authority. All  bids  or  proposals  shall  be  publicly  opened by the governing body or its duly authorized agent. If the bidder  whose  bid or proposal has been accepted after advertising shall neglect  or refuse to accept the contract within five days after  written  notice  that  the contract has been awarded to him on his bid proposal or, if he  accepts but does not execute the contract and give proper security,  the  authority shall have the right to declare his deposit forfeited. In case  any  work shall be abandoned by any contractor, the authority may, if it  determines that the public interest is thereby served, adopt  on  behalf  of  the  authority  any  or all subcontracts made by such contractor for  such work and all such subcontractors shall be bound by such adoption if  made. No bid proposal shall be accepted from or any contract awarded to,  any person or corporation who is in arrears  to  the  authority  or  any  participating  county  upon  any  obligation  of  the  authority  or any  participating county. Every contract shall be executed in duplicate, one  copy of which shall be held by the authority and one copy of which shall  be delivered to the contractor. The authority may adopt, utilize, ratify  and confirm any request  for  proposals,  invitation  for  sealed  bids,  plans,  specifications  and notices heretofore or hereafter published by  any participating county with  respect  to  any  proposed  project.  The  provisions  of  this section shall supersede any inconsistent provisions  of the general municipal law, or any other  general,  special  or  local  law, or the charter of any participating county.    The  authority  shall  ensure  that,  where possible, all employees or  applicants for employment  are  afforded  equal  employment  opportunity  without discrimination.