BZA Site Work Regulations
Village BZA Site Work Regulations
I. As required by Section 103-31 of the Village Code, all BZA Site Work Contractors shall comply with the Village BZA Site Work Regulations.
II. For purposes of the Village BZA Site Work Regulations, the following terms, phrases, words, and their derivations shall have the meanings herein:
The Board of Zoning Appeals of the Village.
BZA Site Work
Any filling, excavating, grading, altering, or development of land within the Village that requires approval from the BZA based on an application for a variance, fill permit, or site plan approval.
BZA Site Work Contractor
Any Person who performs BZA Site Work in the Village, including, but not limited to, a general contractor, construction manager, or property owner obtaining a permit for BZA Site Work.
BZA Site Work License
A license issued by the Village to perform BZA Site Work in the Village.
Any individual, partnership, company, corporation, association, firm, organization, administration, department, contractor, subcontractor, municipal entity, or any other group of individuals, or any person or employee thereof.
The Incorporated Village of Sands Point.
The Board of Trustees of the Village.
Village BZA Site Work Regulations
The technical, operational, and insurance requirements for BZA Site Work and BZA Site Work Contractors in the Village as published on the Village's website, or as directed by information on the Village's website.
III. As required by Section 103-32 of the Village Code, all BZA Site Work Contractors shall provide proof of insurance to the Village that meets or exceeds the following:
BZA Site Work Contractors shall maintain at a minimum the following insurance coverages, giving evidence of same to the Village, on the Acord form of Certificates of Insurance stating all work performed at any and all locations, copy of the Additional Insured Endorsement, and providing 30 days’ notice of cancellation, non-renewal or material change. New York State licensed carrier is preferred; any non-licensed carriers will be accepted at the Village’s discretion. The insurance carrier must have an A.M. Best Rating of at least A- IX. The insurance coverage limits set forth in Schedule below are minimum coverage requirements, not limitations of liability. All subcontractors for a BZA Site Work Contractor must adhere to the same insurance requirements.
Certificate Holder should read: Incorporated Village of Sands Point
26 Tibbits Lane
Sands Point, NY 11050
Description Box to read:
Incorporated Village of Sands Point, all elected and appointed officials, employees and volunteers of the Village are included as additional insureds per the General Liability including Contractual Liability and Products and Completed Operations, Automobile Liability and Excess Liability (if applicable). Insurance Coverage is to be primary and non-contributory to any insurance carried by any additional insured. Waiver of Subrogation is included on the Workers Compensation and General Liability in favor of the Additional Insureds.
I. WORKER'S COMPENSATION AND NYS DISABILITY
Extensions Voluntary compensation
All states coverage; Employers liability – unlimited
Waiver of Subrogation in favor of Incorporated Village of Sands Point
Required Form for Workers Comp: C105.2 – certificate of NYS Workers Compensation Insurance Coverage
OR if you are insured with the State Insurance Fund, form SI-26.3 – State Insurance Fund Certificate of Workers Compensation Insurance
Required Form for NYS Disability: DB120.1 – Certificate of Disability Benefits Insurance
II. COMMERCIAL GENERAL LIABILITY
Coverage Occurrence – ISO Form CG2001 10-01 or Equivalent
Limits General Aggregate $2,000,000
Products & Completed Operations $2,000,000
Personal & Advertising Injury $1,000,000
Per Occurrence Limit $1,000,000
Damage to Premises Rented To You $100,000
Medical Expense $5,000
Additional Insured: Incorporated Village of Sands Point and all appointed and elected officials, employees and volunteers Using ISO form CG2026 or equivalent on a primary and non-contributory basis.
Mandatory Contractual Liability to coverage the Hold Harmless;
Aggregate Limits per project;
The general liability is to be primary and non-contributory to any insurance carried by any additional insured.
III. AUTOMOBILE INSURANCE
Coverage Standard New York policy insuring all owned, hired,
and non-owned vehicles
Limits Minimum Limit - $1,000,000 CSL
Additional Insured Incorporated Village of Sands Point and all appointed and elected officials, employees and volunteers on a primary and non-contributory basis.
The automobile liability is to be primary and non-contributory to any insurance carried by any additional insured.
IV. UMBRELLA LIABILITY - RECOMMENDED
Coverage Umbrella Form or Excess following form of
primary General Liability and Automobile Liability
Minimum Limit $2,000,000
Additional Insured: Incorporated Village of Sands Point and all appointed and elected officials, employees and volunteers on a primary and non-contributory basis.
V. HOLD HARMLESS/INDEMNIFICATION AGREEMENT
All BZA Site Work Contractors shall indemnify, defend, and hold the Incorporated Village of Sands Point and all appointed and elected officials, employees and volunteers of the Incorporated Village of Sands Point harmless against any claim of liability or loss including the cost of defense for personal injury or property damage resulting from or arising directly or indirectly out of, or resulting from, the permit holder’s or Licensee’s operations within the Village, including losses arising out of the negligent acts or omissions of the contractor, its servants or agents, and any subcontractors, its servants or agents. The indemnification provided by this Agreement shall be a continuing right to indemnification and shall survive the expiration or termination of this Agreement.
VI. LICENSE OR PERMIT BOND/STREET OBSTRUCTION BOND
Limit: $50,000. Blanket for multiple location
Obligee: INCORPORATED VILLAGE OF SANDS POINT
The Principal (BZA Site Work Contractor applying for permit/License) must faithfully perform the duties and in all things comply with the laws and ordinances, including all amendments thereto, pertaining to the license or permit applied for. The Principal has obtained a permit/license for the BZA Site Work in the Village, will carefully perform BZA Site Work in the manner prescribed by the Obligee without injuring them and will leave no obstruction of any description whatsoever therein, will properly close up said sewer or drains around the connections made by the Principal and will make no openings into the arch of any sewer or drain and will faithfully comply with the ordinances in relationship to the opening and excavation of streets and will all the rules and regulations of the Obligee pertaining to the issuance of said license and will save, indemnify and hold harmless the Obligee from any and all injury that may accrue to persons or property and damage consequent of the issuing of said license the this obligation shall be null and void, otherwise to remain in full force and effect.
The bond is for the purpose of insuring and guaranteeing the timely and workmanlike completion of such work as reasonably determined by the Incorporated Village of Sands Point. It is agreed and understood that upon the reasonable determination that such work is not being timely performed or is not being or has not been performed in a workmanlike manner by the Principal, the Incorporated Village of Sands Point may require the Insurance and Indemnity company to promptly complete said work in a timely and workmanlike manner, the costs of which work will be reimbursed by the Insurance and Indemnity Company up to $50,000. It is further agreed that the Principal and the Insurance and Indemnity Company shall indemnify and save harmless the Incorporated Village of Sands Point from all liability, damages, and expenses of every kind and nature, resulting directly or indirectly to persons or property and arising from and in consequence of any license or permit, and shall well, truly and faithfully perform the duties and privileges pertaining to any license or permit.
The Village reserves right to revise bond coverage at any time if cost of total work exceeds current bond coverage
I. Per the Workers Compensation Law, all municipal and State entities are to ensure that all applicants applying for permits, licenses or contracts have appropriate workers compensation and disability benefits insurance coverage. Businesses must provide evidence of proper coverage by using:
Workers Compensation: C105.2 OR (State Insurance Fund Form) SI-26.3
NYS Disability: DB120.1
II. If you do not maintain Workers Compensation and NYS Disability due to a valid exemption, the following form must be submitted to the Municipality:
CE-200 – Certificate of Attestation of Exemption from NYS Workers Compensation and/or Disability Benefits Insurance Coverage.
Starting December 1, 2008, ONLY applicants eligible for exemptions must file a new CE-200 for each and every new or renewed permit, license or contract issued by a government agency. You can obtain this form from the Workers Compensation Boards’ website, http://www.wcb.state.ny.us/ or by calling (518) 486-6307.