2006 New York Code - 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.