The Niagara Frontier Transportation Authority (N.F.T.A.) located in Erie and Niagara County, New York, is seeking offers from telecommunication providers interested in entering into a Conduit System and Right of Way Occupancy Agreement for space located along Buffalo’s Main Street light rail rapid transit tunnel.

The agreement will grant the installment, maintenance, and use of a fiber optic cable with an innerduct conduit running along the Main Street light rail rapid transit tunnel (LRRT). The conduit length along Main Street between North St and S. Park Avenue is 10,369 linear feet. The conduit length along eagle street between main and oak street is 1,073 linear feet for a total of 11,442 linear feet.

TERMS

Proposals to be submitted for a minimum term of ten (10) years with two (2) ten-year extensions. The minimum asking price is $9.78 per linear foot for access and use of the Main Street LRRT System.

INSURANCE REQUIREMENTS

At all times throughout the term of this Agreement, Tenant agrees to procure and maintain at its expense insurance of the kinds and in the amounts hereafter required, with insurance companies licensed to do business in New York State, covering all operations under this Agreement whether performed by it or its sub-tenants. The insurance companies affording coverage must be deemed acceptable to the Authority throughout the term of this contract. If any insurance company is deemed unacceptable to the Authority the Tenant agrees to procure and maintain at its expense coverage with an acceptable insurer as soon as notified by the Authority. The policies shall provide for a 30-day notice to the Authority prior to termination cancellation or change and the Niagara Frontier Transportation Authority shall be listed as Certificate Holder.

Prior to the execution of the Agreement, the Tenant shall supply the Authority certificate(s) of insurance providing evidence of insurance coverage for the Tenant for the following coverage:

• Commercial General Liability Insurance including coverage for property damage, bodily injury, personal injury and completed operations with a single limit of at least $1,000,000 per occurrence with a $2,000,000 aggregate. The certificate shall name the Niagara Frontier Transportation Authority as an additional insured.
• If any motor vehicle is used in the work, Auto Liability Insurance covering bodily injury and property damage with minimum combined single limit of $1,000,000. The certificate shall name the Niagara Frontier Transportation Authority as an additional insured.
• Workers’ Compensation and Employer’s Liability in accordance with the applicable laws of the State of New York

The Authority and the Tenant agree to waive all rights against each other for damages to the extent covered by the insurance. The Tenant shall require similar reciprocal waivers from all sub-tenants. This policy shall recognize such waivers of recovery by an appropriate Waiver of Subrogation Clause Endorsement, excluding any subrogation rights granted under New York Law to the contrary notwithstanding. Above needed insurance coverage should be provided on a primary and non-contributory basis.

Copies of any required policies shall be provided to the Authority upon request. The Authority has the right to modify insurance requirements as conditions warrant.

Please submit a letter of interest with terms of the Agreement and proposed price by any of the contact methods outlined below.