4.05 4.5
AGREEMENTSNational Grid—Right of Entry—LaBella to access lands for land surveying activities including wetland delineation—3-18-2024
RESOLUTION AUTHORIZING RIGHT-OF-ENTRY AGREEMENT WITH
NATIONAL GRID REGARDING ACCESS TO PROPERTY RELATED TO
PROPOSED PEGGY ANN & NATIONAL GRID RIGHT-OF-WAY TRAILS
RESOLUTION NO. ,2024
INTRODUCED BY:
WHO MOVED FOR ITS ADOPTION
SECONDED BY:
WHEREAS, Labella Associates, on behalf of the Town of Queensbury, wishes to access
certain property located in the vicinity of Maple Drive and Sherman Avenue in the Town identified as
Tax Map Nos: 302.17-3-58 and 309.5-1-4 and owned by National Grid, for land surveying purposes
related to the construction, use and maintenance of the proposed Peggy Ann Trail and National Grid
Right-of-Way Trail, and
WHEREAS,National Grid has agreed to permit access to the property provided that the Town
enter into a Right of Entry Agreement as presented at this meeting,
NOW, THEREFORE, BE IT
RESOLVED, that the Queensbury Town Board hereby approves the Right of Entry
Agreement for Access to National Grid Property and authorizes and directs the Town Supervisor to
execute the Agreement in substantially the form presented at this meeting and the Town Supervisor
and/or Labella Associates to take such other and further actions as may be necessary to effectuate the
terms of this Resolution.
Duly adopted this 18th day of March, 2024,by the following vote:
AYES
NOES
ABSENT:
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nationalgrid
Date: March 8, 2024
Town of Queensbury (including sub-contractors and assigns)
742 Bay Rd
Queensbury NY 12804
Re: Right of Entry for Town of Queensbury , including sub-contractors and assigns to
access Niagara Mohawk Power Corporation Rights of Way, tax parcels 302.17--3-58 and
309.5-1-4,for the sole purpose of land surveying activities including wetland delineation as
shown on Exhibit A.
Pursuant to your request to for access to Niagara Mohawk Power Corporation Rights of Way and
use of certain fee-owned lands of Niagara Mohawk Power Corporation located in the Town of
Queensbury, Saratoga County, New York, Niagara Mohawk Power Corporation (hereinafter
referred to as "NMPC"), insofar as it lawfully may and without covenant or warranty of any
kind, express or implied, does hereby grant to you the right and permission to enter upon said
lands for the sole purpose of land surveying including wetland delineation on parcels identified
by S.13.1,302.19 3-58 and 309.5-1-4: Locations attached hereto and made a part hereof as Exhibit
A This Agreement is given upon and subject to the following terms and conditions:
l ) The term of this Agreement shall commence on the full execution of this agreement and
run until for thirty days (The "Term"). Upon mutual written agreement the Term may be
extended, if such an extension is reasonably required to Complete the Permitted
Activities.
2) Town of Queensbury hereby assume all risk of and shall hereby indemnify this
Corporation and save it harmless from all loss, damage or injury to persons or property
occasioned by negligence or otherwise, and arising out of or in any way connected with
the work outlined in this agreement, and Town of Queensbury hereby expressly agree to
indemnify, defend and save harmless this Corporation, its officers, contractors, agents
and employees from and against all such loss, damage or injury, whether resulting or
accruing this Corporation, its officers, contractors, agents or employees, or to any other
person or persons, and from all claims arising out of such loss, damage or injury, and
from all costs and expenses connected therewith, unless it is established that the same
was occasioned by the sole negligence of this Corporation.
Town of Queensbury shall be responsible for all costs, expenses or damages arising out
of, or in connection with, any injuries to persons or damages to property caused by the
exercise of the rights herein granted.
In the event that any part of this Agreement is determined to be invalid, illegal, or
unenforceable, such determination shall not affect the validity, legality or enforceability
of any other part of this instrument and the remaining parts of this instrument shall be
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enforced as if such invalid, illegal or unenforceable part were not contained in the
instrument.
3) You hereby agree that you and/or any of your subcontractor(s) working on NMPC's
property shall have in force liability insurance with a minimum general aggregate limit of
$2,000,000 and a limit of $ 1 ,000,000 per occurrence in a form acceptable to this
Corporation and naming "National Grid USA its subsidiaries and affiliates" as
additional insured on said policy. (refer to exhibit B attached here to)
4) All activities conducted by you, or your contractors, shall comply with all applicable
Federal, state and local laws, statutes, regulations and codes. in particular, the
requirements of the following statutes, regulations and safety codes and guidelines must
be met:
* National Electrical Safety Code
* In New York, Part 57 of the New York State industrial Code Rules (also known as
the "High Voltage Proximity Act")
http://www.labor.state.ny.us/workerprotection/safetyhealth/sh5 7.htm
* OSHA regulations ,governing working clearances from energized lines. OSHA
Standard 29 CFR 1926.550 Subpart N is specific to cranes, derricks, hoists,
elevators and conveyors. However, all personnel, vehicles, equipment and loads
shall maintain the minimum clearances from energized wires that are specified in
this Standard unless a more restrictive standard applies.
5) There will be no storage of any kind including dumpsters on NMPC property.
6) There will be no use of motorized equipment on NMPC Property,(foot traffic only).
7) Town of Queensbury agrees to comply to "Conditions for Activities within Electric
Transmission line Right of Way" attached hereto and made a part hereof as Exhibit C.
S) Town of Queensbury agrees to comply to "Standard Environmental Conditions"
attached hereto and made a part hereof as Exhibit D.
Kindly indicate your acceptance of the terms and conditions of the foregoing by signing the
original and duplicate original of this Agreement and returning both originals to Pamela
Aspinall, Real Estate Dept., Niagara Mohawk Power Corporation, ROW Department, 300 Erie
Boulevard West, A3, Syracuse, NY 13202, together with evidence of the required insurance
specified in paragraph 3 of this Agreement.
Very truly yours,
NIAGARA MOHAWK POWER CORPORATION
Jaynes Zuccolotto
ACCEPTED this day of March, 2024
By:
Title: Town Supervisor
Print Name. John Strough
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EXHIBIT " B°}
INSURANCE REQUIREMENTS
From the effective date of this Agreement, through expiration, termination or longer where
specified below, Licensee shall provide and maintain at its own expense, insurance policies that
are meant to be primary and non-contributory (with no right of contribution by any other
coverage available to the NMPC, the NMPC 's affiliates and their respective agents, employees,
directors and other parties that the NMPC may identify) and issued by reputable insurance
companies, acceptable to the NMPC with an A.M. Best rating of A- or better which meet or
exceeds the requirements listed herein. Such policies, where required below shall include
"NMPC, National Grid USA (the "NMPC"), and its direct parent, subsidiaries, affiliates,
successors and assigns" (collectively, the "Insured Entities") as Additional Insureds. Waiver of
Subrogation, where required below shall be in favor of such Additional Insureds/Insured Entities
for any loss or damage covered under those policies referenced in this Insurance Exhibit, or for
any required coverage that may be self-insured by Licensee.
1. Risk of Loss (Equipment/Materials) — The Licensee shall be responsible for all risk of loss to
its personal equipment and materials, and any other equipment and materials owned by its
employees or by third parties that may be in their care, custody and control.
2. Commercial General Liability (CGL) Insurance, covering all operations, work and/or
provision of services performed by or on behalf of Licensee under or in connection with this
Agreement, at minimum limits of:
$ 1 ,000,000 limit "per occurrence" — Bodily Injury/Property Damage
$2,000,000 limit — Product/Completed Operations
$2,000,000 limit - General Aggregate
$ 1 ,000,000 limit- Personal and Advertising Injury
$ 1 .000,000 limit- Damages to Premises Rented to You Limit
Policy shall include coverage for contractual liability (with this Agreement being included under
the definition of"Insured Contract"), and products/completed operations coverages. Policy shall
not contain a cross-liability or a separation of insureds exclusion. Should coverage for
products/completed operations be written on a claims-made form, the retroactive date shall not
precede the effective date of this Agreement and coverage shall be maintained continuously for
the duration of this Agreement and for at least three (3) years after Final Acceptance. Additional
Insured and Waiver of Subrogation required from this policy for the Insured Entities outlined
above. Must use CG 2010 and C'G 2037 (or equivalent)for Additional Insured endorsements
3. Automobile Liability Insurance: Covering owned, non-owned and hired vehicles used in
connection with all operations, work and/or provision of services performed by or on behalf of
Licensee under or in connection with this Agreement at minimum limits of:
$ 1,000,000 combined single limit "each accident"
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Coverage for non-owned/hired vehicles evidenced through a Commercial General
Liability policy would be acceptable upon NMPC's review and approval. Additional
Insured and Waiver of Subrogation required from this policy for the Insured Entities
outlined above.
4. Statutory Workers' Compensation and Employer's Liability Insurance, in the state in which
the operations, work and/or provision of services will be performed under this Agreement. The
employer's liability limit shall be at least $1 ,000,000 per occurrence for bodily injury, per
employee for bodily injury by disease and by bodily injury by disease policy limit_
For work or services being performed on or close to water, policy shall include coverage for the
US Longshoreman & Harbor Workers' Compensation Act of 1927 and Jones Act of 1920.
In the event Licensee is a Sole Proprietor that is exempt from maintaining Statutory Workers'
Compensation/Employer's Liability insurance, Sole Proprietor is required to provide a Letter of
Affidavit affirming no employees and are exempt from carrying Workers Compensation and
Employer's Liability insurance. Waiver of Subrogation required from this policy for the Insured
Entities outlined above.
5. Umbrella Liability or Excess Liability Insurance, providing broad "follow form" excess insurance with
terms similar to the Commercial General Liability, Automobile Liability and Employer's Liability
coverages outlined within this Agreement, at minimum limits of;
$4,000,000 limit — Per Occurrence/Aggregate
Such insurance coverage shall include a drop-down provision in the event of exhaustion of
underlying limits or aggregates. Additional Insured and Waiver of Subrogation required from this
policy for the Insured Entities outlined above.
In addition to above. 'Sections 6-10 is applicable to Commercial Licensee performium work
in the capacity as a Contractor or is hiring Contractor(s) to do work on their behalf
6. Contractor's Pollution Liability ("CPL") Insurances (afapplicable) - Should Licensee acting
in the capacity as a Contractor or hires a Contractor to complete work and/or services on their
behalf, the Contractor shall maintain CPL insurance to cover any sudden and gradual pollution
incidents that may arise out of, under, or in connection with this Agreement including any and all
Work and/or Services to be performed by or on behalf of Contractor, including but not limited to:
(a) bodily injury, sickness, disease, mental anguish or shock sustained by any person, including
death; (b) property damage including physical injury or destruction of tangible property including
resulting loss of use thereof, clean-up costs, and the loss of use of tangible property that has not
be physically injured or destroyed; and (c) defense including costs, charges and expenses incurred
in the investigation, adjustment or defense of claims for such compensation damages. There
should be no exclusions for asbestos, lead paint, silica or mold/fungus/legionella. This coverage
shall carry a minimum limit of:
$1 .000,000 limit - "Per Incident/Aggregate"
Additional Insured and Waiver of Subrogation required from this policy for the Insured Entities
outlined above.
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7. Professional Liability Insurance, fifapplicable), providing coverage for negligent acts, errors,
and omissions (including when applicable, Technology errors and omissions), in an amount of
$ 1 ,000,000 "per claim" or equal to the value of the contract, whichever is greater, to protect the
NMPC from losses arising out of the use of Contractor's or its subcontractor's product or failure
to render services.
Should coverage be written on a "Claims Made" form, Contractor or its subcontractors shall
maintain such coverage for a period of not less than three (3) years post completion of work, with
the retroactive date in place prior to and held constant with the date of this contract. Waiver of
Subrogation required from this policy for the Insured Entities outlined above.
8. Third (3`d) Party Crime Insurance, (fapplicable), covering theft of the NMPC's property by
electronic means and for any dishonest acts that may be committed by a Consultant's employee(s)
against the NMPC, in an amount no less than $ 1,000,000 "per occurrence". Loss Payee status
required from this policy for the Insured Entities outlined above.
9. Unmanned Aerial Systems/Vehicles (UAS/UAV)/Drone Insurance: (if equipment will be used in
course of agreement), covering third-party liability for bodily Injury and property damage
arising out of the use of Unmanned Aerial Systems (UAS)/Vehicles (UAV) aka drones on NMPC
property, at minimum limits of $10,000,000 "per occurrence". Such requirement could also be
met outlining the same terms under an endorsed Aircraft Liability policy. Additional Insured
and Waiver of Subrogation required from this policy for the Insured Entities outlined above.
10. Protection & Indemnity/Commercial Watercraft Insurance: (ifequipment will be used in
course of agreement), providing Protection & Indemnity coverage for third-party liability related
to bodily injury and property damage arising out of the use of such vessel while on NMPC
property, at minimum limits of $1 ,000,000 "per occurrence". Additional Insured and Waiver of
Subrogation requiredfrom this policy for the Insured Entities outlined above.
11. For Tenants/Licensees/Lessees of Real Property ffapplicable) Evidence to Insured Entities a
Commercial Property "All Risk" or Business Owners (BOP) policy covering all personal property
of every description, owned or brought into or onto the premises by Licensee, its employees,
agents, contractors„ tenants, subtenants or assignees. In addition, policy shall include coverage(s)
for business interruption/extra expense equal to at least 12 months' rent or business income. It is
understood that such insurance shall include, but not be limited to coverage for
improvement/betterments, fixtures, fittings, furniture, inventory, equipment, and other personal
property (collectively, NMPC Property), in an amount not less than one hundred percent ( 100%)
of full replacement cost.
Such policy shall include an endorsement outlining Insured Entities as a Loss Payee on
the policy;
* For any leases involving construction related work NMPC reserves the right to request
additional insurance to cover the course of construction (i.e., Builders Risk policy) which
will be required under separate insurance requirements;
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+ Deductibles: Deductibles on all Licensee s insurances in excess of Fifty Thousand
Dollars ($50,000) shall be subject to NMPC approval (not to be unreasonably withheld or
delayed).
12. Self-Insurance: If approved in advance by the NMPC's representative, proof as a qualified self-
insurer will be acceptable in lieu of securing or maintaining one or more of the coverages
required in this Insurance Exhibit. Such proof shall come in the form of a signed self-insurance
letter on Licensee's letterhead, in a format provided by the NMPC and shall become part of this
insurance provision by reference herein.
With respect to Workers' Compensation, such evidence shall consist of a current self-
insured certification form approved by the State in which the terms of this Agreement
will be executed.
13, Other Coverage(s)/Compliance: These requirements are in addition to any which may be
required elsewhere in this Agreement. In addition, Licensee shall comply with any
governmental site-specific insurance requirements even if not stated herein. This includes
providing evidence of insurance and additional insured status, if necessary, to any third-party
property owner on which Licensee's work activities associated with this Agreement may be
taking place as required by law or permit.
14. Subcontractors. In the event that Licensee uses a subcontractor(s) in connection with providing
any services as outlined under this Agreement, the Licensee shall require all such
subcontractor(s) to provide the required coverages and protections as outlined under Paragraphs
1 - 10 of this insurance exhibit.
15, Homeowners: In the event Licensee is a homeowner, Articles I - 10 outlined above
would not apply. However, a copy of the Homeowner's insurance policy evidencing
Personal Liability coverage, at a minimum limit of $50070003 would be acceptable. In the
event homeowner hires a Contractor, to complete work and/or services on their behalf,
for which permission must be granted by Licensor to access/use easement right-of-way,
then such hired Contractor shall meet the requirements as outlined in this exhibit (as
NMPC determines applicable).
16. Subrogation Rights: To the extent Licensee's insurance carriers will not waive their right of
subrogation against the Insured Entities as required in the outset of these requirements, the
Licensee agrees, to the extent permitted by law, to indemnify the Insured Entities for any
subrogation activities pursued against them by the Licensee insurance carriers. However, this
waiver shall not extend to the gross negligence or willful misconduct of the Insured Entities or
their employees, subcontractors or agents.
17. Certificate(s) of Insurance. Prior to providing any services, Licensee (and when applicable,
it's Contractors) shall promptly issue to the NMPC certificate(s) of insurance and any requested
endorsements (include any renewal thereof), evidencing all coverages and required protections
(Additional Insured and Waiver of Subrogation where applicable) utilizing the address outlined
by the NMPC in this Agreement, with digital copies only being emailed to the NMPC's Risk and
Insurance Department at: RiskandInsurance(a)nationalerid.com. Failure to furnish the required
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certificate(s) of insurance and endorsements would not relieve Licensee from any liability
obligations or to carry insurance outlined under this Agreement.
Policies shall be endorsed, and certificate(s) of insurance shall clearly outline that at least 30-days
prior written notice will be provided to the NMPC in the event of any cancellation, non-renewal
or material change in coverage(s). Certificates shall declare applicable deductibles or self-insured
retentions which shall be for the account of Licensee. Such deductibles or self-insured retentions
shall not exceed $ 100,000 unless agreed to by the NA4PCs Risk & Insurance Department.
18. Reservation of Rights. Should any policy(ies) be canceled at any time during the term of this
Agreement and Licensee fails immediately to procure other insurance as specified, the NMPC
reserves the right to procure such insurance and to invoice Licensee or void this Agreement.
19. Accident Reports. Licensee shall furnish the NMPC's Risk & Insurance Department with
copies of any accident report(s) sent to Licensee 's insurance carriers covering accidents,
incidents or events occurring in connection with or as a result of the provision of the Services_
20. Full Policy Limits. Licensee represents that it has full policy limits available and shall notify the
NWC's Risk & Insurance Department in writing when coverages required herein have been
reduced as a result of claim payments, expenses, or conditional change to policies.
21. No .Limitation. Nothing contained in these insurance requirements is to be construed as limiting
the extent of Licensee's responsibility for payment of damages or its indemnification obligations
under this Agreement.
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EXHIBIT "C"
Conditions for Activities within Electric Transmission Line
Rights of 'Way
Compliance/Safety
All activities conducted by the Requester shall comply with all applicable federal, state, and
local laws, statutes, rules, regulations, and codes. In particular, the requirements of the
following statutes, regulations, and safety codes and guidelines, appropriate for the voltage(s) of
the transmission line(s) within the right-of-way, must be met:
National Electrical Safety Code
In New York, Part 57 of the New York State Industrial Code Rules (also known as the
"High-Voltage Proximity Act")
(http://www.labor.ny.gov/workerprotection/safetyhealth/sh5 7.shtm�
* All OSHA regulations governing working clearances to electric distribution and
transmission lines shall be followed. Although regulations 29 CFR 1926 Subpart CC
and 29 CFR 1926. 1501 may be specific to equipment that can hoist, lower, and
horizontally move a suspended load, all equipment operating within a right-of-way
shall maintain the clearances specified in these regulations, including but not limited
to cranes, backhoes, excavators, forklifts, pile drivers, and drill rigs.
o In accordance with 1926. 1408, if the Requester asks to encroach upon the
clearance requirement as specified, and requests voltages of electric lines near
the proposed work or activity, the requester shall provide an aerial photograph
or detailed survey plan delineating the area of work or activity in proximity to
electric lines and structures. Requests may be emailed to
TransmissionEngineering(a)NationalGrid.com or mailed to National Grid c/o
Director of Transmission Engineering, 7496 Round Pond Road, North
Syracuse, NY 13212.
• The Requester shall not place or store any items within the right-of-way, including
construction materials or debris, excavated soil, trailers, or storage containers.
• The Requester shall not unload or load vehicles or equipment within the right-of-
way.
The Requester shall adequately ground vehicles, equipment, fences, and gates at all
times and in accordance with applicable federal, state, and local laws, statutes, rules,
regulations, and design codes, including, but not limited to, those listed above and
IEEE Standard 80.
Protection of Transmission Line Facilities
• The Requester shall, at all times, protect transmission line facilities from damage. In
addition to compliance with safety codes as described above, protection of transmission
facilities shall, at a minimum, include the following:
o The Requester shall operate equipment and vehicles at least 50 feet horizontally
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away from any transmission line pole, tower, guy wire, or guy anchor.
o When making a rough cut during excavation, the Requester shall not disturb any
earth within an area bounded by a line drawn 25 feet plus 2.5 times the depth of
the cut from the nearest transmission line pole, tower leg, guy wire, or guy
anchor, but not less than 50 feet. Upon completion of the rough cut, the slopes
of the bank shall be graded on a slope no steeper than one vertical to five
horizontal and stabilized with vegetation or riprap. The top of the slope shall be
at least 50 feet from the nearest pole, tower leg, guy wire, or guy anchor.
o The Requester shall not store or use explosives within the right-of-way.
o The Requester shall locate all ground wires buried in areas to be excavated and
shall protect them against damage. If a buried ground wire is broken, the
Requester shall prevent anyone from touching it and shall notify National Grid.
o The Requester shall provide an electrically Qualified Observer when operating
mechanical equipment within a transmission electric right-of-way.
Access to Right-of-Way
• The Requester shall not at any time block or impede access to or along the right-of-way.
* The Requester shall not damage roads or trails used to gain access to or along the right-
of-way.
* The Requester's activities shall not result in the accumulation of stormwater on National
Grid's property.
* All underground utilities and all proposed bituminous and/or concrete drive surfaces and
underground utilities shall be designed to withstand and meet AA,SHTO Standard
Specifications for Bridges and Highways H-25 highway class design criteria for vehicular
loading.
Preservation of Rights and Future Use
* National Grid retains all rights granted in the original right-of-way deed.
Specifically, National Grid reserves the right to place future structures or relocate
existing structures anywhere within the right-of-way, and reserves the right to control
any vegetation within the right-of-way.
The Requester shall not place any above or below ground structures within the right-
of-way, including streetlights, signs, sheds, fences, septic systems, and swimming
pools.
* Improvements shall not continuously occupy more than 100 feet along any line drawn
longitudinally along the right-of-way.
• Improvements shall not occupy expected future locations of transmission structures.
This includes the bisector of angles in the right-of-way and generally includes areas
adjacent to existing structures.
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EXHIBIT ".U"
Standard Environmental Conditions
General/Permits
* Requester is required to obtain and comply with any and all environmental permits
required for work. on National Grid's easement or fee-owned premises and comply with
all applicable environmental laws and regulations, deed restrictions, local ordinances,
notification requirements, environmental guidance documents, etc.
Oil/Chemicals/Refueling/Spills
* Requester shall not store, mix, perform maintenance on/with (e.g., drain equipment of
fluids), or load any petroleum products, pesticides, hazardous materials, or chemicals
labeled toxic on National Grid's easement or fee-owned premises.
* No refueling of vehicles or equipment will be allowed. on National Grid's easement or
fee-owned premises. The Requester shall conduct all activities in a manner that will
prevent a release of said materials to the environment. In the event of a release of
oil/hazardous materials to the environment, the Requester shall be responsible for
making all required notifications to regulatory agencies in the required time frame and
to ensure that the release is properly responded to, including the cleanup and disposal of
waste materials, in accordance with all regulatory requirements. The Requester shall
notify National Grid's Environmental Compliance representative of all spills regardless
of quantity released.
• If any visual or olfactory evidence of petroleum or chemical contamination is
identified, National Grid's Environmental Compliance representative shall be notified
immediately.
Erosion and Sediment Control
• When work is complete, the Requester will stabilize and properly restore all disturbed
areas on National Grid's easement or fee-owned premises or to a final agreed-upon
condition (e.g., driveway). Except for stormwater conveyances, which are subject to
review and approval by National Grid, no further stormwater management elements
may be installed in National Grid's easement or fee-owned premises.
Materials Handling
* Backfill on National Grid's property shall include only clean materials from an
NYSDOT-approved commercial source and shall have no visual or olfactory evidence
of contamination. Requester shall submit information regarding the backfill source
(e.g., location, NYSDEC permit, etc.) to National Grid's Environmental Compliance
representative for approval prior to commencement of work.
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Excavation-derived Spoil
0 No excavation spoils, excess soil, construction debris, or materials of any kind shall be
removed from National Grid's easement or fee-owned premises without notification
and approval from National Grid's Environmental Compliance representative. If off-
site removal is required, all excavation spoils, excess soil, construction debris and
materials of any kind must be managed by Requester in accordance with NYSDEC's
solid waste regulations (6 NYCRR 360, 361 , and 364); unless specifically directed by
or agreed to otherwise by National Grid's Environmental Compliance representative.
0 If visual or olfactory evidence of petroleum/chemicals is noted, National Grid shall be
contacted immediately; the Requester may be required to sample/analyze spoils prior to
off-site disposal at a permitted facility.
Right to Insrect
• National Grid may, at its discretion, have an inspector present at the time or times
work is being executed on its easement or fee-owned premises. The inspector shall
have the right and authority to require modification or cessation of any or all work
when, in his or her judgment, such work is contrary to the provisions of the agreement
between National Grid and the Requester, or is or may become a source of danger to
National Grid's facilities. The Requester is responsible for the reasonable cost and
expense of such an inspection.
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