N.Y. Transportation Law § 236: Contracts for projects

§ 236. Contracts for projects. 1. The commissioner, in the name of the

state, may enter into contracts with municipalities, counties or the

city of New York to undertake rail preservation projects, or local

street or highway projects, and any such municipality, county or the

city of New York may enter into a contract with the commissioner. Any

such contract may include such provisions as may be agreed upon by the

parties thereto, and shall include, in substance, the following

provisions:

a. an estimate of the reasonable cost of the project as determined by

the commissioner;

b. an agreement by the commissioner to pay to the municipality, county

or the city of New York during the progress of construction or following

completion of construction as may be agreed upon by the parties, an

amount, not to exceed the total cost of the project or such lesser

amount as may have been established pursuant to section two hundred

thirty-five;

c. an agreement by the municipality, county or city of New York;

(i) to proceed expeditiously with, and complete, the project as

approved by the commissioner,

(ii) to apply for or make reasonable efforts to secure federal

assistance, if any, for the project,

(iii) to secure the approval of the commissioner before applying for

such federal assistance, in order to maximize the amounts of such

assistance received or to be received for all projects in New York

state,

(iv) to provide for the municipality's, county's or city of New York's

share of the cost of the project, if any;

d. A provision that, in the event that federal assistance which was

not included in the calculation of the state payment becomes available

to the municipality, county or city of New York the amount of the state

payment shall be recalculated with the inclusion of such federal

assistance and the municipality, county or city of New York shall pay to

the state the amount by which the state payment actually made exceeds

the state payment determined by the recalculation.

e. In connection with each contract, the commissioner shall keep

adequate records of the amount of the payment by the state and of the

amount of federal assistance, if any, received by the municipality,

county or city of New York. Such records shall be retained by the

commissioner and shall establish the basis for recalculations of the

state payment as required herein.