2045-P - Contracts.

§ 2045-p. Contracts. 1. All contracts or orders, for work, material or  supplies  performed  or furnished in connection with construction, shall  be awarded by the agency 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 agency  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 agency.    2.  The  bidder  whose  bid  is  accepted  shall give security for the  faithful performance of the contract, and such  other  security  as  the  agency  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 agency and the sufficiency of  such  security   shall,   in   addition   to   the   justification   and  acknowledgment,  be  approved by the agency. 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 or  proposal, or, if he accepts but does not execute the contract  and  give  proper  security, the agency shall have the right to declare his deposit  forfeited. In case any work shall be abandoned by  any  contractor,  the  agency may, if it determines that the public interest is thereby served,  adopt  on  behalf  of  the  agency  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 or proposal shall be accepted from or any  contract awarded to, any person or corporation who is in arrears to  the  agency or the county upon any obligation of the agency or of the county.  Every  contract  involving  an  expenditure  of  more than five thousand  dollars when made and entered into  as  herein  provided  for  shall  be  executed in duplicate, one copy of which shall be held by the agency and  one  copy  of which shall be delivered to the contractor. The agency may  adopt, utilize, ratify and confirm any request for proposals, invitation  for  sealed  bids,  plans,  specifications  and  notices  heretofore  or  hereafter  published by the county with respect to any proposed project,  and the agency may adopt,  utilize,  accept  and  confirm  any  bids  or  proposals  submitted  to the county and heretofore or hereafter received  and publicly opened by the county. The provisions of this section  shall  supersede  any inconsistent provisions of the general municipal law, any  other general, special or local law, or the charter of the  county.  The  agency  shall  be  deemed  an  authority  for  the  purpose  of  section  twenty-eight hundred seventy-eight of this chapter.