§ 236 — Contracts for projects

New York § 236

• Jurisdiction: New York
• Law TRA: Transportation
• Art. 10-A: Implementation of Rail Preservation Bond Act of Nineteen Hundred Seventy-four and the Energy Conservation Through Improved Transportation Bond Act of Nineteen Hundred Seventy-nine

Text

§ 236. Contracts for projects. 1. The commissioner, in the name of the\nstate, may enter into contracts with municipalities, counties or the\ncity of New York to undertake rail preservation projects, or local\nstreet or highway projects, and any such municipality, county or the\ncity of New York may enter into a contract with the commissioner. Any\nsuch contract may include such provisions as may be agreed upon by the\nparties thereto, and shall include, in substance, the following\nprovisions:\n a. an estimate of the reasonable cost of the project as determined by\nthe commissioner;\n b. an agreement by the commissioner to pay to the municipality, county\nor the city of New York during the progress of construction or following\ncompletion of construction as may be agreed upon by the parties, an\namount, not to exceed the total cost of the project or such lesser\namount as may have been established pursuant to section two hundred\nthirty-five;\n c. an agreement by the municipality, county or city of New York;\n (i) to proceed expeditiously with, and complete, the project as\napproved by the commissioner,\n (ii) to apply for or make reasonable efforts to secure federal\nassistance, if any, for the project,\n (iii) to secure the approval of the commissioner before applying for\nsuch federal assistance, in order to maximize the amounts of such\nassistance received or to be received for all projects in New York\nstate,\n (iv) to provide for the municipality's, county's or city of New York's\nshare of the cost of the project, if any;\n d. A provision that, in the event that federal assistance which was\nnot included in the calculation of the state payment becomes available\nto the municipality, county or city of New York the amount of the state\npayment shall be recalculated with the inclusion of such federal\nassistance and the municipality, county or city of New York shall pay to\nthe state the amount by which the state payment actually made exceeds\nthe state payment determined by the recalculation.\n e. In connection with each contract, the commissioner shall keep\nadequate records of the amount of the payment by the state and of the\namount of federal assistance, if any, received by the municipality,\ncounty or city of New York. Such records shall be retained by the\ncommissioner and shall establish the basis for recalculations of the\nstate payment as required herein.\n