NY Transp L § 225 (2021)
2021 New York Laws TRA - Transportation Article 10 - Grade Crossing Elimination 225 - Performance of Work.

§ 225. Performance  of work. 1. Except for work on the railroad tracks   or other railroad facilities performed by railroad company forces at the   direction  of  the  commissioner  and   elimination   work   which   the   commissioner  determines  shall  be  accomplished by use of departmental   forces, equipment and materials purchased therefor, all highway-railroad   grade crossing elimination work shall be performed by  contract  in  the   same  manner  as  provided  for  state  highways in article three of the   highway law, including public advertisement for proposals.  A  certified   copy of any contract awarded by the commissioner shall be filed with the   railroad company affected thereby.2.  All  work  performed  by  contract  shall be carried out under the   direct supervision of the commissioner, except that all  work  performed   by  contract  upon  or  affecting  railroad  property,  right  of way or   facilities shall be subject to the approval of and joint supervision  by   the  railroad  company  affected  by  the  elimination.  No work upon or   affecting railroad  property,  right  of  way  or  facilities  shall  be   progressed without the approval of the railroad company. All work of the   elimination  project  shall  be  under  the  general  supervision of the   commissioner. Upon completion of the  work  under  a  contract  let,  as   provided  in  this  article, the commissioner shall cause the same to be   inspected and if he approves, accept the work.  The  commissioner  shall   make  an  order certifying the completion of the contract, together with   all other incidental work necessary  in  carrying  out  the  elimination   project to make available a completed project ready for public use.3.  A  railroad  company  who has been directed by the commissioner to   prepare plans and estimates of cost for work on the railroad  tracks  or   other  railroad facilities is authorized to receive competitive bids for   all or a portion of the work which it has been directed  to  perform  by   railroad  company forces provided such contract work has been previously   approved by the commissioner. Prior to the award of such a  contract,  a   tabulation  of  bids received, together with a recommendation for award,   shall be submitted to the commissioner  who,  if  he  concurs  with  the   recommendation,  shall  approve such award and submit the tabulation and   the recommendation to the comptroller for his approval.4. Prior to the approval of the plans, estimates of cost and award  of   contract  for  any construction work on an elimination project where the   railroad company has been directed by the commissioner to  perform  work   on   the  railroad  tracks  or  other  railroad  facilities,  the  state   industrial commissioner shall  upon  the  request  of  the  commissioner   determine and furnish to said commissioner the schedule of minimum wages   to  be paid to the several classes of workmen, laborers and mechanics to   be employed upon such work. Such schedule wages shall be annexed to  and   form   a  part  of  the  specifications  for  such  work  and  shall  be   incorporated in any contract therefor.5. If during the  progress  of  the  work,  it  shall  appear  to  the   commissioner  that  a change in plans or a modification of such contract   is necessary or desirable, he shall cause to be prepared  the  necessary   revised  plan  and an estimate of cost thereof or a modification of such   contract.  The commissioner shall determine whether he or  the  railroad   company  shall  perform  the  work  or cause the same to be performed or   modify the contract to include the work, at prices not to  exceed  those   stated in such approved estimate. If during the progress of the work, it   shall  appear  to the railroad company bearing a part of the cost of the   elimination work, that a change in  plans  or  a  modification  of  such   contract  is  or might be necessary, such railroad company may submit to   the commissioner revised plans and an estimate of the cost thereof or  a   proposed  modification  of  such contract, and if the commissioner shall   determine that such change in  plans  or  modification  of  contract  is    necessary  or desirable, he shall approve such revised plans or modified   contracts, and may approve such estimate or require a new estimate.   If   the  commissioner  approves  such  estimate  or a new estimate, he shall   determine  whether  he or the railroad company shall perform the work or   cause the same to be performed or modify the  contract  to  include  the   work,  at  prices  not to exceed those stated in such approved estimate.   If the cost of any elimination shall be increased as the result  of  any   such  change  in  plans or modification of contract, such increased cost   shall be audited and paid as prescribed in this article. If  during  the   progress  of  the  work,  it  shall  appear  to the commissioner or such   railroad company, that extra work is necessary but not so substantial or   material as to necessitate a change in plans  or  modification  of  such   contract,  such extra work may be performed or caused to be performed by   the commissioner with the approval of such railroad company or  by  such   railroad company with the approval of the commissioner.6.  Claims  on  account  of a change in plans or for extra work may be   adjusted by the commissioner if the amount thereof can  be  agreed  upon   with the persons making such claims, and any amount so agreed upon shall   be  paid as a part of the cost of such elimination as prescribed by this   article. If the amount of any such claim is not agreed upon, but is paid   by the railroad company affected  thereby,  such  railroad  company  may   present  same  to  the  court of claims, which shall hear such claim and   determine if the amount of such claim or any part  thereof  is  a  legal   claim  against  the  state and if it so determines, to make an award and   enter judgment thereon against the state, provided, however,  that  such   claim  is  filed  with  the  court of claims within six months after the   acceptance by the commissioner of the final agreement of  the  completed   elimination  project  contract.  The  amount of any such judgment of the   court of claims shall be paid out of  the  state  treasury  from  moneys   appropriated  for  purposes connected with elimination of grade crossing   projects; and, if necessary, the comptroller shall revise or  supplement   his  determination,  as  prescribed  by this article, relative to times,   amounts, and manner of repayments to the state by such railroad company.   The comptroller shall also adjust his accounts in order to  provide  for   the  payment to the state of the part of such judgment chargeable to any   railroad company or municipality.