NY Pub Auth L § 359 (2021)
2021 New York Laws PBA - Public Authorities Article 2 - Park, Parkway and Highway Authorities Title 9 - New York State Thruway Authority 359 - Construction, Reconstruction and Improvement.

§  359.  Construction,  reconstruction and improvement. 1. On assuming   jurisdiction of a thruway section or connection or any part thereof,  or   of   a   highway  connection,  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.