RESOLUTION NO. 401
AUTHORIZING AN UNDERTAKING AGREEMENT WITH THE NEW YORK STATE DEPARTMENT OF TRANSPORTATION REGARDING THE ALBANY COUNTY RAIL TRAIL BRIDGE OVER NEW SCOTLAND ROAD (SR 85) REPLACEMENT PROJECT
Introduced: 11/14/22
By Public Works Committee and Mr. Commisso:
WHEREAS, By Resolution No. 495 for 2021, this Honorable Body authorized a "State Reverse Betterment" agreement with the New York State Department of Transportation (NYSDOT) regarding drainage and pavement work to be completed in conjunction with the replacement of the Albany County Rail Trail Bridge over New Scotland Road (State Route 85) on the State Highway System, and
WHEREAS, By Resolution No. 495 for 2021, this Honorable Body also authorized the performance and funding by the County of Albany in the first instance 100% of the Project costs of construction or reconstruction thereof, to be reimbursed by the State and appropriating funds therefore, and
WHEREAS, The County of Albany (Permitee) from time to time receives permits from the NYSDOT and otherwise conducts activities and operations upon highways and/or within right-of-way controlled by the State of New York such purposes as the obstruction, installation, construction, maintenance and/or operation of facilities, and
WHEREAS, Permitee's access and operation upon state right-of-way is conditioned upon compliance with Highway Law Sections 52, 103, 203 and/or 234, including the conditions that Permitee assume all responsibility for the temporary control of all modes of traffic including motorized and non-motorized travel affected by Permitee's operations, complete restoration of state facilities to their condition prior to permitted use or activity, and all claims, damages, losses and expenses, now, therefore, be it
RESOLVED, By the Albany County Legislature, in relation to all operations and/or actions undertaken with state right-of-way, Permitee hereby agrees to excepting only activities undertak...
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