N.Y. Comp. Codes R. & Regs. tit. 21 § 208.5

Current through Register Vol. 46, No. 49, December 4, 2024

Section 208.5 - Contract provisions

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.

N.Y. Comp. Codes R. & Regs. Tit. 21 § 208.5