New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter V - New York State Bridge Authority › Part 208 - Accommodation Plan For The Longitudinal Use Of Bridge Authority Right-of-way By Utilities › Section 208.5 - Contract provisions

Current through Register Vol. 46, No. 28, July 10, 2024
Contracts may vary but will generally include the following
				  provisions:
(a) The authority reserves
				the right to restrict the use of its facilities. Such restrictions may include
				but not be limited to: number and types of fiber optics facilities allowed;
				physical space occupied by the fiber optics facilities or by equipment used for
				installation, operation and maintenance; time restrictions on installation,
				operation or maintenance; provisions of a traffic control plan for the
				maintenance and protection of traffic; system expansion, etc. The selected
				proposer may be required to make installations concurrent with others, so as to
				limit such work to one installation operation.
(b) Any relocation of any fiber optics
				facility allowed to be on a facility, made necessary as a result of
				construction or maintenance operations, or changes in authority policy or
				design standards, shall be made promptly and at the expense of the selected
				proposer.
(c) No lease to allow
				installation of a fiber optics facility on freeway right-of-way will be issued
				nor will work commence until a contract is awarded to a selected
				proposer.
(d) The leasee shall be
				responsible for obtaining all necessary permits, approvals, etc. required by
				any Federal agency or other State agency and shall furnish to the authority
				copies of such permits and approvals.
(e) The selected proposer shall install along
				with any buried conduits or ducts a system of continuous plastic ribbon or
				marking tape. Such marker shall be installed at a level no less than 12 inches
				below the surface of the ground. The marker shall include a metal thread or
				other system capable of reliably emitting a signal readable by locator
				equipment operated on the surface. The selected proposer also shall install
				adequate permanent buried cable markers, showing the approximate horizontal and
				vertical location of its underground fiber optics facility. Such post markers
				shall not interfere with highway operations or maintenance and shall be offset
				from the actual location of the fiber optics facility where necessary to avoid
				such interference. The selected proposer shall also maintain records that
				describe the fiber optics facility, its location, depth, size, and other
				relevant data, which shall be available upon request to the authority and to
				other interested agencies. Within 120 days following the completion of the
				installation of the fiber optic equipment, the selected proposer shall file
				with the authority one complete set of "as built" plans showing the locations
				of all parts of the fiber optics facility. The selected proposer also shall
				file with the authority at that time one complete set of said plans on
				microfiche or other form of information storage system as determined by the
				authority.
(f) Except where the
				contract or subsequent written agreement calls for different procedures, the
				selected proposers shall comply with the construction standards, location
				standards, and special marking techniques established by the most recent
				publication of title 23, Code of Federal Regulations,part 645.
(g) The authority shall have authority to
				place inspectors on site to monitor and observe the selected proposer's
				activities, and/or to request the presence of state or local police to assure
				the safety of travelers using authority facilities, at such times and for such
				periods as the authority deems appropriate. All costs thereof shall be borne by
				the selected proposer.
(h)
				Acceptance of a lease by the selected proposer shall constitute an agreement by
				the selected proposer, notwithstanding any other provision of law, to assume
				all responsibility for any loss, expense, liability, claim, cost, damage, or
				harm arising out of or relating to the installation, operation or maintenance,
				of the fiber optic equipment or the presence of the fiber optic equipment at
				the authority's facility. Further, the contract shall constitute an agreement
				by the selected proposer to indemnify and hold harmless the authority, its
				officers, agents, and employees from all loss, expense, liability, claim, cost,
				damage, and harm, including attorney's fees, arising out of or relating to the
				foregoing. Such indemnification agreement shall apply regardless of any
				negligence or fault on the part of the authority, its officers, agents, and
				employees.
(i) Insurance. The
				leasee shall procure and maintain at its own expense and without expense to the
				authority during the term of the lease insurance for liability for damages
				imposed by law, of the kinds and in the amounts hereinafter provided, in
				insurance companies authorized to do such business in the State of New York
				covering all operations under the contract whether performed by it or by
				subcontractors. Before commencing the installation, the lessee shall furnish to
				the authority a completed copy of the certificate of insurance provided herein
				showing that he has complied with this subdivision; this certification requires
				that the policies shall not be changed or cancelled until 30 days written
				notice has been given to the authority. The types and limits of insurance are
				as follows:
(1) Workers' compensation
				insurance. A policy covering the obligations of the selected proposer in
				accordance with the provisions of chapter 41 of the Laws of 1914, as amended,
				known as the Workers' Compensation Law, covering all operations under the
				contract, whether performed by him or by his subcontractor, and also under
				article 9 of the Workers' Compensation Law, known as the Disability Benefits
				Law (chapter 600 of the Laws of 1949) and amendments thereto. The contract
				shall be void and of no effect unless the person or corporation making or
				executing same shall secure compensation and disability benefits coverage for
				the benefit of, and keep insured during the life of said contract, such
				employees in compliance with the provisions of the Workers' Compensation Law
				(State Finance Law 142).
(2)
				Liability and property damage insurance. Unless otherwise specifically required
				by special specifications, each policy with limits of not less than:
Bodily Injury Liability:
Each Person-- $500,000
Each Occurrence-- $1,000,000
Property Damage Liability:
Each Occurrence-- $500,000
Aggregate-- $1,000,000
For all damages arising during the policy period, shall be
				  furnished in the types specified, viz:
(i) Protective liability insurance issued to
				and covering the liability for damages imposed by law upon the authority, its
				board members, officers and employees, and design engineers, and the assigned
				project engineer, both officially and personally, as an additional interest in
				said liability insurance policy, with respect to all operations under the
				contract by the lessee or by his subcontractors, including omissions and
				supervisory acts of the authority;
(ii) Owners', landlords' and tenants'
				liability insurance issued to and covering the liability for damages imposed by
				law upon the authority, its board members, officers and employees, both
				officially and personally, as an additional interest in said liability
				insurance policy, with respect to temporarily opening to vehicular traffic any
				portion of the bridges and highways under the contract, until the construction
				or reconstruction pursuant to the contract has been accepted by the
				authority.
(iii) Automotive
				liability insurance issued to and covering the liability for damages imposed by
				law upon the lessee with respect to all work under the contract.
(3) Excess liability or umbrella
				insurance. A policy in the amount of $10,000,000.