NY Pub Auth L § 2053-R (2021)
2021 New York Laws PBA - Public Authorities Article 8 - Miscellaneous Authorities Title 13-M - Rockland County Solid Waste Management Authority 2053-R - Contracts.

§  2053-r. 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 person whose bid or proposal 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  person 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.3. For the purposes of article fifteen-A of the  executive  law  only,   the  authority  shall  be  deemed a state agency as that term is used in   such article, and its contracts for design, construction,  services  and   materials  shall  be  deemed  state contracts within the meaning of that   term as set forth in such article.