§ 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.
