New York Laws
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.