N.Y. Comp. Codes R. & Regs. tit. 17 § 127.1

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

Section 127.1 - Financial security requirements, generally

As a condition to the issuance of any permits to perform work or other operations upon State right-of-way pursuant to Parts 125, 126, 129, 131 and 134 of this Title, permittees are required to furnish proof of financial responsibility sufficient to protect the people of the State of New York and/or the Commissioner of Transportation and all employees of the State Department of Transportation from the following costs, expenses and liabilities:

(a) Claims, damages, losses and expenses, including but not limited to attorneys' fees, arising from personal injuries, property damage or wrongful death and/or environmental claims, associated with the permittees, activities or operations.

(b) The reasonable costs necessary to restore State property damaged by permittees work/activities to substantially the same or equivalent condition as existed before such work was undertaken as determined by the commissioner or his/her designee.

(c) The reasonable costs associated with the review, modification and approval of permit applications, plans, and designs, as well as the inspection of on-going and/or completed work as may be deemed appropriate by the commissioner or his/her designee.

(d) The payment of all contractors and material suppliers engaged by permittee to make improvements within the bounds of the state right-of-way and to secure the release of any liens asserted in connection therewith.

N.Y. Comp. Codes R. & Regs. Tit. 17 § 127.1

Adopted, New York State Register, Volume XXXVI, Issue 25, effective 7/1/2014

Amended New York State Register February 10, 2016/Volume XXXVIII, Issue 06, eff. 2/10/2016