2023 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. A
  sealed  proposal  may  be  accepted  through  an   electronic   platform
  established  or used by the authority, provided that any sealed proposal
  received electronically shall be made public at the  same  time  as  any
  competing paper proposal, and provided further that the authority shall,
  at  minimum, provide the same opportunity and time for submitting sealed
  proposals physically as for sealed proposals  submitted  electronically,
  and shall provide the opportunity for bidders to submit sealed proposals
  physically  any  time  that it provides the opportunity to submit sealed
  electronic proposals. In  addition,  the  authority  shall  establish  a
  process   for  accommodating  force  majeure  events  that  prevent  the
  submission of a sealed electronic proposal, including but not limited to
  internet and power  outage  events,  and  for  automatically  confirming
  receipt of any sealed electronic proposal received. All bidders shall be
  notified of the time and place of any such adjournment or rejection.
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.