New York Transportation Code § 52

Construction contracts, cancellation of contracts, disqualification to contract with mass transportation authority, statement of non-coll...
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§ 52. Construction contracts, cancellation of contracts,\ndisqualification to contract with mass transportation authority,\nstatement of non-collusion in bids on proposals. 1. Contracts of the\nUtica transit authority for construction, alteration, renovation,\ndemolition, excavation or for purchase of materials or supplies shall be\nin such form and contain provisions as may be deemed advisable by the\nUtica transit authority. All such contracts in excess of ten thousand\ndollars shall be made on sealed bids, in compliance with a public notice\nadvertised at least once, not less than twenty days before the date set\nfor the receipt of bids, in the official publication of the municipality\nin which the main office of the Utica transit authority is located or if\nno such official publication exists, in a newspaper circulating in the\nmunicipality. If the Utica transit authority shall deem it to its best\ninterest or necessary or desirable to effectuate the purposes of this\narticle or the economy and efficiency in construction and operation of a\nproject, the Utica transit authority by majority vote of its members may\neither reject all bids or readvertise for bids or by unanimous vote of\nits members may accept a bid other than the lowest bid. In any such\ncontract there may be inserted in the discretion of the Utica transit\nauthority, a provision that additional work may be done or materials and\nsupplies furnished or that work or materials may be omitted for the\npurpose of completing such contract in accordance with any changes,\nomissions or additions in the specifications of any such contract. Each\ncontract shall provide that in the case of default by the contractor the\nUtica transit authority may adopt on behalf of the authority all\nsubcontracts made by such contractor and all such subcontractors shall\nbe bound by such adoption if made, and the authority may relet, with or\nwithout public advertisement, the work specified in the original\ncontract, exclusive of so much thereof as shall be provided in any\nsubcontracts so adopted. The Utica transit authority may make rules and\nregulations governing the qualifications of bidders, the submission of\ncombined bids by two or more contractors, the award and execution of the\ncontract, security, if any, for execution and performance of the\ncontract, and any other matters relating to the contract.  The bidding\nmay be restricted to those who shall have qualified prior to the receipt\nof bids according to standards fixed by the Utica transit authority,\nprovided that notice or notices for the submission of qualifications\nshall be published in the official publication of the municipality in\nwhich the main office of the Utica transit authority is located, or if\nno such official publication exists, in a newspaper circulating in the\nmunicipality, at least once, not less than ten days prior to the date\nfixed for the filing of qualifications. Nothing in this section shall be\nconstrued to limit the power of the Utica transit authority to carry out\na project or any part thereof directly by the officers, agencies and\nemployees of the Utica transit authority, or by any government, or to\npurchase or acquire materials or supplies through the purchasing\nofficer, department or agency of a government.\n  2. A clause shall be inserted in all specifications or contracts\nhereafter made or awarded by the Utica transit authority or by any\nofficial of the Utica transit authority, for work or services performed\nor to be performed or goods sold or to be sold, to provide that upon the\nrefusal by a person who directly or indirectly derives a monetary\nbenefit which is traceable to such a specification or contract, when\ncalled before a grand jury to testify concerning any transaction or\ncontract had with the state or of any political subdivision thereof, a\npublic authority, a mass transportation authority or with any public\ndepartment, agency or official of the state or of any poli

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