§ 225 — Performance of work

§ 225. Performance of work. 1. Except for work on the railroad tracks\nor other railroad facilities performed by railroad company forces at the\ndirection of the commissioner and elimination work which the\ncommissioner determines shall be accomplished by use of departmental\nforces, equipment and materials purchased therefor, all highway-railroad\ngrade crossing elimination work shall be performed by contract in the\nsame manner as provided for state highways in article three of the\nhighway law, including public advertisement for proposals. A certified\ncopy of any contract awarded by the commissioner shall be filed with the\nrailroad company affected thereby.\n 2. All work performed by contract shall be carried out under the\ndirect supervision of the commissioner, except that all work performed\nby contract upon or affecting railroad property, right of way or\nfacilities shall be subject to the approval of and joint supervision by\nthe railroad company affected by the elimination. No work upon or\naffecting railroad property, right of way or facilities shall be\nprogressed without the approval of the railroad company. All work of the\nelimination project shall be under the general supervision of the\ncommissioner. Upon completion of the work under a contract let, as\nprovided in this article, the commissioner shall cause the same to be\ninspected and if he approves, accept the work. The commissioner shall\nmake an order certifying the completion of the contract, together with\nall other incidental work necessary in carrying out the elimination\nproject to make available a completed project ready for public use.\n 3. A railroad company who has been directed by the commissioner to\nprepare plans and estimates of cost for work on the railroad tracks or\nother railroad facilities is authorized to receive competitive bids for\nall or a portion of the work which it has been directed to perform by\nrailroad company forces provided such contract work has been previously\napproved by the commissioner. Prior to the award of such a contract, a\ntabulation of bids received, together with a recommendation for award,\nshall be submitted to the commissioner who, if he concurs with the\nrecommendation, shall approve such award and submit the tabulation and\nthe recommendation to the comptroller for his approval.\n 4. Prior to the approval of the plans, estimates of cost and award of\ncontract for any construction work on an elimination project where the\nrailroad company has been directed by the commissioner to perform work\non the railroad tracks or other railroad facilities, the state\nindustrial commissioner shall upon the request of the commissioner\ndetermine and furnish to said commissioner the schedule of minimum wages\nto be paid to the several classes of workmen, laborers and mechanics to\nbe employed upon such work. Such schedule wages shall be annexed to and\nform a part of the specifications for such work and shall be\nincorporated in any contract therefor.\n 5. If during the progress of the work, it shall appear to the\ncommissioner that a change in plans or a modification of such contract\nis necessary or desirable, he shall cause to be prepared the necessary\nrevised plan and an estimate of cost thereof or a modification of such\ncontract. The commissioner shall determine whether he or the railroad\ncompany shall perform the work or cause the same to be performed or\nmodify the contract to include the work, at prices not to exceed those\nstated in such approved estimate. If during the progress of the work, it\nshall appear to the railroad company bearing a part of the cost of the\nelimination work, that a change in plans or a modification of such\ncontract is or might be necessary, such railroad company may submit to\nthe commissioner revised plans and an estimate of the cost thereof or a\nproposed modification of such contract, and if the commissioner shall\ndetermine that such change in plans or modification of contract is\nnecessary or desirable, he shall approve such revised plans or modified\ncontracts, and may approve such estimate or require a new estimate. If\nthe commissioner approves such estimate or a new estimate, he shall\ndetermine whether he or the railroad company shall perform the work or\ncause the same to be performed or modify the contract to include the\nwork, at prices not to exceed those stated in such approved estimate.\nIf the cost of any elimination shall be increased as the result of any\nsuch change in plans or modification of contract, such increased cost\nshall be audited and paid as prescribed in this article. If during the\nprogress of the work, it shall appear to the commissioner or such\nrailroad company, that extra work is necessary but not so substantial or\nmaterial as to necessitate a change in plans or modification of such\ncontract, such extra work may be performed or caused to be performed by\nthe commissioner with the approval of such railroad company or by such\nrailroad company with the approval of the commissioner.\n 6. Claims on account of a change in plans or for extra work may be\nadjusted by the commissioner if the amount thereof can be agreed upon\nwith the persons making such claims, and any amount so agreed upon shall\nbe paid as a part of the cost of such elimination as prescribed by this\narticle. If the amount of any such claim is not agreed upon, but is paid\nby the railroad company affected thereby, such railroad company may\npresent same to the court of claims, which shall hear such claim and\ndetermine if the amount of such claim or any part thereof is a legal\nclaim against the state and if it so determines, to make an award and\nenter judgment thereon against the state, provided, however, that such\nclaim is filed with the court of claims within six months after the\nacceptance by the commissioner of the final agreement of the completed\nelimination project contract. The amount of any such judgment of the\ncourt of claims shall be paid out of the state treasury from moneys\nappropriated for purposes connected with elimination of grade crossing\nprojects; and, if necessary, the comptroller shall revise or supplement\nhis determination, as prescribed by this article, relative to times,\namounts, and manner of repayments to the state by such railroad company.\nThe comptroller shall also adjust his accounts in order to provide for\nthe payment to the state of the part of such judgment chargeable to any\nrailroad company or municipality.\n