2051-P - Contracts.

* §  2051-p.  Contracts. 1. 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.    2.  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 or 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 or  proposal shall be accepted from or any contract awarded to any person or  corporation who is in arrears to the authority or the  county  upon  any  obligation  of  the  authority or of the 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  the 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  the  county.  The  authority  shall  be  deemed  an  authority  for  the purpose of section  twenty-eight hundred seventy-eight of this chapter.    * NB There are 3 § 2051-p's