A.
No person shall maliciously, willfully or negligently
break, damage, destroy, uncover, deface or tamper with any structure,
appurtenance or equipment which is a part of the Village sewerage
works. Any person violating this provision shall be subject to immediate
arrest under charge of disorderly conduct.
B.
When physical damage to the public sewers or sewage
treatment plant results from the action or reaction of constituents
or a combination thereof in any industrial waste during its passage
through the system, except such constituents as are expressly permitted
and which are within the limits established elsewhere in this chapter,
the cost to repair or replace such damaged sewer or treatment plant
components shall be borne by the person responsible for discharge
of said waste to the system.
A contractor must present a certificate of insurance
showing suitable liability insurance before a permit will be issued
for construction of building sewers, sewer extensions or private sewage
disposal.
A.
All contractors engaged in connecting house laterals
with sanitary sewers, who perform any work within the right-of-way
of any highway, shall file a bond in the amount of $5,000 with the
Village Clerk to indemnify the Village against loss, cost, damage
or expense sustained or recovered on account of any negligence, omission
or act of the applicant for such a permit or any of his or their agents
arising or resulting directly or indirectly by reason of such permit
or consent, or of any act, construction or excavation done, made or
permitted under authority of such permit or consent. All bonds shall
contain a clause that permits given by the Village Board may be revoked
at any time for just cause.
B.
Before commencing work, the above contractor shall
file insurance certificates with the Village Clerk for the following:
(1)
Workmen's Compensation and Employer's Liability Insurance
as required by the Codes of the state covering the contractor.
(2)
Personal injury liability having limits of not less
than $500,000 each occurrence and $500,000 aggregate (completed operations/products,
personal injury).
(3)
Property damage liability having limits of not less
than $500,000 for all damages arising during the life of the contract;
and shall include, but not be limited to, the following designated
hazards:
(5)
Business excess liability insurance in the amount
of $2,000,000.
(6)
All insurance policies must provide for five business
days notice to the Village before cancellation and must cover all
liabilities of the Village and be in a form approved by the Village
Board and be in a satisfactory form approved by the Board.
(7)
The minimum insurance limits stated above shall be
subject to periodic review by the Village Board and adjustments made,
by resolution, as appropriate.
C.
Where it is necessary to enter upon or excavate any
highway or cut any pavement, sidewalk or curbing, permission must
be obtained from the Village of Canastota if a Village highway is
involved, from the County Department of Public Works if a county highway
is involved, and/or the New York State Department of Transportation
if a state highway is involved.
A contractor shall indemnify and hold harmless
the Village of Canastota and their consultants, agents and employees
from and against all claims, damages, losses and expenses arising
out of or resulting from the contractor's work performance, provided
that any such claim, damage, loss or expense is attributable to bodily
injury or death, or to property injury, and is caused by any negligent
act or omission of the contractor, subcontractor or their employees.
