State Codes and Statutes

Statutes > New-york > Pba > Article-2 > Title-9 > 359

§  359.  Construction,  reconstruction and improvement. 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.

State Codes and Statutes

Statutes > New-york > Pba > Article-2 > Title-9 > 359

§  359.  Construction,  reconstruction and improvement. 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.

State Codes and Statutes

State Codes and Statutes

Statutes > New-york > Pba > Article-2 > Title-9 > 359

§  359.  Construction,  reconstruction and improvement. 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.