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 126 - General Information And Procedure › Section 126.7 - Special conditions for commercial-major nonutility work permits

Current through Register Vol. 46, No. 28, July 10, 2024
The purpose of this section is to provide all highway work
					 permittees with notice of their obligations under the Labor Law. In addition,
					 the purpose of this section is to further the public interests and to provide
					 additional assurance of the safety of the traveling public and the workmanship,
					 quality and durability of the work being performed for the New York State
					 Department of Transportation on the public highways under its jurisdiction. In
					 addition to any other requirements set forth in a commercial-major nonutility
					 work permit, the following special conditions shall be made part of any such
					 permit that involves $250,000 or more in cost of work to be performed within
					 the State highway right-of-way and/or in any area that is proposed to be
					 incorporated in the State highway right-of-way at a future date:
(a) Prevailing wage and supplement
				  requirements of article 8 of the Labor Law shall be complied with by the
				  permittee as if the work were being performed by the New York State Department
				  of Transportation. The permittee shall request, through the New York State
				  Department of Transportation, that prevailing wage and supplement
				  determination(s) be made for such work. All provisions of the Labor Law
				  relating to monitoring, compliance and enforcement of prevailing wage and
				  supplement rates shall be applicable as if the work were being performed by or
				  for the New York State Department of Transportation.
(b) Any contract(s) for such work within the
				  State highway right-of-way and/or any area that is proposed to be incorporated
				  in the State highway right-of-way at a future date shall be publicly advertised
				  and competitively bid and such work shall be awarded only to a responsible
				  contractor(s) which can demonstrate the ability to comply with practices
				  necessary to assure the safety of the traveling public and the workmanship,
				  quality and durability of the work to be performed as if such work was being
				  performed by or for the New York State Department of Transportation.
For the purposes of determining whether or not a permit
					 application is for work with costs of $250,000 or more, the proposed items of
					 work shall be reviewed and the estimated cost thereof calculated by the New
					 York State Department of Transportation using the New York State Department of
					 Transportation's statewide bid average information. All work included in the
					 permit application and all potential work on State highway right-of-way and/or
					 any area that is proposed to be incorporated in the State highway right-of-way
					 and/or any area that is proposed to be incorporated in the State highway
					 right-of-way at a future date which may be required for future phases or
					 potential completion of the permittee's project (whether or not such work is
					 currently included in the permit application) shall be included for the purpose
					 of calculating the cost of the work. The estimated value determined by the New
					 York State Department of Transportation shall govern regardless of quotes or
					 bids received by the permittee.