Section 359. Construction, reconstruction and improvement  


Latest version.
  • 1. On assuming
      jurisdiction of a thruway section or connection or any part thereof,  or
      of  a  highway  connection,  or  of the New York state canal system, the
      authority  shall  proceed  with  the  construction,  reconstruction   or
      improvement  thereof. All such work shall be done pursuant to a contract
      or contracts which shall be let to the  lowest  responsible  bidder,  by
      sealed  proposals  publicly  opened, after public advertisement and upon
      such terms and conditions as  the  authority  shall  require;  provided,
      however,  that  the  authority  may reject any and all proposals and may
      advertise for new proposals, as herein provided, if in its opinion,  the
      best  interests  of  the  authority  will  thereby be promoted; provided
      further, however, that at the request  of  the  authority,  all  or  any
      portion  of  such  work,  together  with any engineering required by the
      authority  in  connection  therewith,  shall   be   performed   by   the
      commissioner and his subordinates in the department of transportation as
      agents for, and at the expense of, the authority.
        2.   All   construction,   reconstruction  and  improvements  and  any
      engineering work required in connection therewith which are performed on
      behalf of the  authority  by  the  commissioner  shall  be  carried  on,
      generally,  in the same manner and subject to the same provisions of law
      as apply to the construction and improvement of state highways.
        3. Highway and railroad grade crossings shall in general be  separated
      by  structures  to  be determined by the authority, and the authority is
      hereby authorized to  combine  or  relocate  intersecting  highways,  to
      adjust  traffic  to  such  grade  separation structures, except that the
      grade  crossing  elimination  structures  involved  in  public   service
      commission cases number fifty-four hundred seventy-two and nine thousand
      fifty-eight  shall remain under the jurisdiction of such commission. The
      cost of all such structures, except such part as is  otherwise  payable,
      shall  be  borne  by the authority. Telephone and telegraph wires, power
      transmission and gas, oil and water lines,  conduits,  cables  of  every
      kind  and  nature,  which  may  be  affected  by  thruway  construction,
      reconstruction or improvement, may, in the discretion of the  authority,
      be  relocated  in suitable facilities and the expense of such relocation
      and of installing such facilities shall be borne by the  authority.  The
      work  of  such relocation may be done by the owner of such wires, lines,
      conduits and cables, and the authority is hereby empowered to enter into
      an agreement with such owner for the performance of all or any  part  of
      the work of such relocations at the expense of the authority.
        4.  In  the  case  of a separation of a grade crossing pursuant to the
      preceding subdivision, the structure shall be maintained and repaired by
      the authority. Whenever  the  authority  determines  that  a  separation
      structure  carrying  a  highway under the jurisdiction of a municipality
      requires  major  repair  or  reconstruction,  the  authority,  with  the
      approval  of  the  commissioner of transportation and after consultation
      with such municipality,  may  close  the  bridge  and  provide  adequate
      alternative  detour  routing  and  signing.  In  the  case  of municipal
      highways, the responsibility for rehabilitation  and  reconstruction  of
      the  wearing  surface,  sidewalks,  curbs  and  railings  shall  be  the
      responsibility of the authority. Highways combined, relocated or carried
      over or under a thruway section or connection, or a highway  connection,
      under   the   provisions  of  the  preceding  subdivision,  shall,  upon
      completion of the work, revert to and become  the  responsibility,  with
      regard  to  maintenance and repair, of the state or municipality, as the
      case may be, formerly having jurisdiction there over.