New York Codes, Rules and Regulations › Title 17 - DEPARTMENT OF TRANSPORTATION › Chapter IV - Highways › Subchapter B - Work Permits on State Highways, State-owned Bridges and Culverts › Part 127 - Financial Security Requirements › Section 127.6 - Required performance and payment security

Current through Register Vol. 46, No. 28, July 10, 2024
In the event that permitted work/operations might
					 reasonably be expected to include construction, maintenance or alteration to
					 any feature of the State highway, or in the event that the permit requires
					 engineering review or inspections, permittees shall be required to post
					 sufficient security to assure the completion of all work, the restoration of
					 the State property, the payment for all labor and materials, and the recovery
					 of reasonable State expenses. The levels of performance and payment security as
					 set forth in sections 127.7 and 127.8  of this Part shall be set forth in the
					 permit and shall be calculated as follows:
(a)
Residential driveways.
Performance and payment security may be required for any
					 driveway that requires the installation of drainage structures or includes cuts
					 to the curb or pavement of the State highway. In such cases, the amount of
					 security required shall be $1,000 that shall be refundable upon satisfactory
					 project completion. No performance security shall be required for residential
					 driveways where the work for which the permit is required does not affect the
					 pavement, curb or drainage structures or other appurtenances of the
					 highway.
(b)
Commercial driveways, subdivision streets, and temporary access
				  entrances.
The performance and payment security required for any
					 permit for a commercial driveway, subdivision street, or temporary access
					 permitted under section
					 125.10(a) 
					 of this Title shall be for an amount sufficient to ensure the completion of the
					 permitted work and the payment of all associated expenses, including the
					 expenses for which the permittee is responsible to the Department of
					 Transportation. The amount of performance security required shall not exceed
					 the collective value of all work to be performed by or for the permittee in
					 that portion of the project location that is on State land. The permit shall
					 require as the minimum amount of performance security, an amount that is 50
					 percent of the estimated value of all work to be performed by or for the
					 permittee in that portion of the project location that is on State
					 land.
(c)
Permit
				  traffic signals or other overhead features on or attached to traffic signals,
				  bridges or sign structures.
The performance and payment security required for any
					 permit for to install a traffic signal permitted under section
					 125.11  of
					 this Title, or to construct maintain or alter other overhead features on or
					 attached to traffic signals, bridges or sign structures, shall be for an amount
					 sufficient to ensure the completion of the permitted work and the payment of
					 all associated expenses, including the expenses for which the permittee is
					 responsible to the Department of Transportation. The amount of performance
					 security required shall not exceed the estimated cost of the traffic signal or
					 other work. The permit shall require as the minimum amount of performance
					 security, an amount that is 50 percent of the estimated value of all work to be
					 performed by or for the permittee in that portion of the project location that
					 is on State land. Performance security shall be limited to the period of time
					 that extends until the satisfactory completion of the work and the release of
					 liens, except that for traffic signals, the department may elect to retain
					 performance security in the amount of $1,000 for a period of time extending one
					 year beyond the date that the work is satisfactorily completed in order to
					 provide adequate time to assure that the signal is free from defects or that
					 the cost of maintenance or necessary repairs is paid.
(d)
Annual maintenance permit.
The performance and payment security required for any
					 annual maintenance permit to maintain or replace existing under-ground or
					 above-ground facilities permitted under Part 129 of this Title, including
					 electric power, communications, poles, gas or water lines shall take the form
					 of an undertaking or shall consist of some other form of security in the amount
					 of $100,000.
(e)
Vegetation control permit.
The performance and payment security required for any
					 permit to control vegetation in connection with any outdoor advertising sign
					 permitted under Part 134 of this Title shall be in the amount of
					 $10,000.
(f)
Special
				  use permit.
The performance and payment security required for any
					 permit to conduct a special event in the highway right-of-way such as a race,
					 festival, parade or filming of a movie or commercial shall be in the amount
					 sufficient to assure the restoration of the State lands to their condition
					 prior to the event. The amount of performance security required shall be at the
					 discretion of the department based upon the projected cost of assuring
					 restoration. Such security shall not exceed $10,000.
(g)
Other permits.
The performance and payment security required for any
					 permit for any other purpose shall be in the amount sufficient to assure the
					 restoration of the State lands to their condition prior to the event. The
					 amount of performance security required shall be at the discretion of the
					 department based upon the projected cost of assuring restoration. Such security
					 shall not exceed $10,000.