NY Pub Auth L § 2047-P (2021)
2021 New York Laws PBA - Public Authorities Article 8 - Miscellaneous Authorities Title 13-D - Dutchess County Resource Recovery Agency 2047-P - Contracts.

§  2047-p.  Contracts.  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.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 acknowledgement, 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-six hundred four of this chapter.