If, in the opinion of the board of trustees of such public trust, and of the contractor, that it would be economically wise to improve or construct connecting or feeder streets or roads to the toll expressway, even though such connecting streets or roads would be free roads, then in such event, the trust shall have the authority to let contracts for the construction of such connecting or feeder roads or streets under the following conditions:

1. The consent of the governing body, having jurisdiction over such street or road is first obtained.

2. Such portion of the contract price or the work to be performed as the trust agrees to pay or to perform shall be paid in revenue bonds, if such construction is part of the original construction of the toll expressway, or, from surplus revenues in excess of the maintenance fund requirements, or in such manner as may be lawful and proper.

3. The trust shall be empowered to enter into contracts with any county or municipality in whose jurisdiction such connecting or feeder roads or streets are located, for the sharing of the work or costs in the improvement or construction of such roads or streets. The trust may do such things as are necessary and practical to qualify the construction and the project for any available federal matching fund programs.

4. In any project for the construction or improvement of connecting or feeder roads or streets and for which federal matching funds have been applied for or approved, the contractor shall have the right to agree with the governing body for the performance of a portion of the work if such governing body is properly qualified and equipped, and to compensate such governing body for the work performed, but failure of the governing body to properly perform shall not relieve the contractor from its obligation to build in accordance with the terms of the contract and the plans and specifications, even though it may be entitled to compensation for such failure of performance from such governing body.

5. For such portions of the work to be assumed by any governing body in the construction of improvement of any connecting or feeder roads, the governing body shall be subject to the laws applicable to it when contracting for like work on its roads or streets.

Added by Laws 1971, c. 333, § 4, emerg. eff. June 16, 1971.