N.Y. Comp. Codes R. & Regs. tit. 17 § 126.7

Current through Register Vol. 46, No. 45, November 2, 2024

Section 126.7 - Special conditions for commercial-major nonutility work permits

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.

N.Y. Comp. Codes R. & Regs. Tit. 17 § 126.7