2006 New York Code - 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,  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.