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This entry was published on 2014-09-22
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SECTION 225
Performance of work
Transportation (TRA) CHAPTER 61-A, ARTICLE 10
§ 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.