G-431 - 07/11/1989 - VILLAGE CODE - Ordinances 71-r3 SLA r2,/irU CF_
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ORDINANCE G-431
AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF
`• THE VILLAGE OF OAK BROOK AND PROVIDING FOR
INSURANCE REQUIREMENTS FOR CONTRACTORS AND PERNITTEES
BE IT ORDAINED by the President and Board of Trustees of the Village of
Oak Brook, Cook and DuPage Counties, Illinois, as follows:
Section 1: That Section 12-86(C) of the Code of Ordinances be and is
hereby amended to read as follows:
Insurance Required:
Each applicant for a permit required for work within street rights-of-way
shall carry adequate liability and property damage insurance as set forth in
Article IX of Chapter 2 of this Code of Ordinances.
Section 2: That Chapter 2 of the Code of Ordinances of the Village of
Oak Brook be and is hereby amended by adding thereto as Article IX consisting
of Sections 2-230 through 2-236, which provisions shall read as follows:
Section 2-230 - Insurance Requirements:
Each contractor performing any work pursuant to a contract with the
Village of Oak Brook and each permittee working under a permit as required
pursuant to the provisions of Article III of Chapter 12 of the Code of
Ordinances (hereinafter referred to as "insured") shall be required to carry
such insurance as specified herein. Such contractor and permittee shall
procure and maintain for the duration of the contract or permit insurance
against claims for injuries to persons or damages to property which may arise
from or in connection with the performance of the work under the contract or
permit, either by the contractor, permittee, or their agents, representatives,
employees or sub-contractors.
Section 2-231 - Minimum Levels of Insurance:
A contractor or permittee shall maintain insurance with limits no less
than:
a) General Liability: $2,000,000 combined single limit per occurrence
for bodily injury, personal injury and property damage, provided that
when the estimated cost of the work in question does not exceed
$5,000, the required limit shall be $500,000.
b) Automobile Liability (if applicable): $1,000,000 combined single
limit per accident for bodily injury and property damage.
c) Workers' Compensation and Employers' Liability: Workers'
compensation limits as required by the Labor Code of the State of
Illinois and Employers' Liability limits of $1,000,000 per accident.
Section 2-232 - Deductibles and Self-Insured Retentions:
Any deductibles or self-insured retentions must be declared to and
approved by the Village. At the option of the Village, either: the insurer
shall reduce or eliminate such deductible or self-insured retention as
respects the Village, its officers, officials, employees and volunteers; or
the insured shall procure a bond guaranteeing payment of losses and related
investigations, claim administration and defense expenses to the extent of
such deductible or self-insured retention.
Section 2-233 - Other Insurance Provisions:
The policies shall contain, or be endorsed to contain, the following
provisions:
(�;7I
Ordinance G- 431
An Ordinance Providing for
Insurance Requirements for
Contractors and Permittees
Page Two
a) General Liability and Automobile Liability Coverages
1) The Village, its officers, officials, employees and volunteers
are to be covered as insureds as respects: liability arising
out of activities performed by or on behalf of the insured;
premises owned, occupied or used by the insured, or automobiles
owned, leased, hired or borrowed by the insured. The coverage
shall contain no special limitations on the scope of protection
afforded to the Village, its officers, officials, employees or
volunteers.
2) The insured's insurance coverage shall be primary insurance as
respects the Village, its officers, officials, employees and
volunteers. Any insurance or self-insurance maintained by the
Village, its officers, officials, employees or volunteers shall
be excess of the insured's insurance and shall not contribute
with it.
3) Any failure to comply with reporting provisions of the policies
`. shall not affect coverage provided to the Village, its
officers, officials, employees or volunteers.
4) The insured's insurance shall apply separately to each covered
party against whom claim is made or suit is brought except with
respect to the limits of the insurer's liability.
b) Workers' Compensation and Employers Liability Coverage
The policy shall waive all rights of subrogation against the Village, its
officers, officials, employees and volunteers for losses arising from work
performed by the insured for the Village.
c) All coverages
Each insurance policy required by this clause shall be endorsed to state
that coverage shall not be suspended, voided, cancelled by either party,
reduced in coverage or in limits except after thirty (30) days prior written
notice by certified mail has been given to the Village. Each insurance policy
shall name the Village, its officials and employees as additional insureds.
�,. d) Acceptability of Insurers:
Insurance is to be placed with insurers with a Best's rating of no less
than A:VII.
Section 2-234 - Verification of Coverage:
Each insured shall furnish the Village with certificates of insurance and
with original endorsements effecting coverage required by this provision. The
certificates and endorsements for each insurance policy are to be signed by a
person authorized by that insurer to bind coverage on its behalf. The
certificates and endorsements are to be on forms approved by the Village and
shall be subject to approval by the Village Attorney before work commences.
The Village reserves the right to require complete, certified copies of all
required insurance policies, at any time.
Section 2-235 - Subcontractors:
Each insured shall include all subcontractors as insureds under its
policies or shall furnish separate certificates and endorsements for each
subcontractor. All coverages for subcontractors shall be subject to all of
the requirements stated herein.
Ordinance G-431
An Ordinance Providing for
Insurance Requirements for
Contractors and Permittees
Page Three
Section 2-236 - Indemnity:
In addition to the insurance required pursuant to the provisions of this
Section, each insured shall also indemnify the Village of Oak Brook against
any and all alleged injury or damage arising out of the contract or work
performed under it or the permit and the work performed under it, as the case
may be. The form of indemnity which shall be deemed to be a part of any
permit or contract shall be substantially in the following form. The insured
agrees to defend and hold harmless the Village, its officers and agents from
any suits, claims, demands, setoffs or other actions reduced to a judgment
arising therefrom. The obligation of the insured shall include and extend to
payment of reasonable attorney's fees for representation of the Village and
its officers and agents in such litigations and include expenses, court costs
and fees, it being understood that the insured shall have a right to employ
such attorneys to represent the Village and its officers and agents in such
litigation subject to the approval of the Village, which approval shall not be
unreasonably withheld. The insured shall have the right to appeal to courts
of appellate jurisdiction any judgment taken against the Village or its
\..- officers or agents in this respect and the Village shall join any such appeal
taken by the insured. The insured shall hold the Village harmless for any and
all claims for labor, materials, apparatus equipment, fixtures or machinery
furnished to the insured for purposes of performing the work under the
contract or permit and the payment of all direct, indirect and consequential
damages to any person, firm, company or corporation suffered or sustained on
account of the performance of such work during the time the contractor permit
is in force.
Section 3: That this Ordinance shall be in full force and effect from
and after passage and approval pursuant to law.
PASSED THIS 11th day of July 1989.
Ayes: Trustees Bartecki, Bushy, Maher , Payovich, Rush and Winters
Nays: None
Absent: None
Abstain: None
APPROVED THIS 11th day of July 1989.
Vi age President
ATTEST:
Village Clerk
Approved as to Form: _
Village Attorney
�- Published 7-12-89 Pamphlet form
Date Paper
Not Published
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VILLAGE O F OAK BROOK
1200 OAK BROOK ROAD
OAK BROOK, ILLINOIS 60521 -2255
July 5, 1989 312990-3000
MEMO TO: Village President & Board of Trustees
FROM: John H. Brechin, Village Attorney
SUBJECT: Attached Ordinance Regarding Insurance
RECOMMENDATION: That the Village Board Pass the Attached Ordinance Amending
the Code of Ordinances Relating to Insurance Requirements
The basic provisions of the Village's Code of Ordinances regarding insurance
were drafted in 1973. Recent review of those provisions reveal the need to
modernize many of them. The attached ordinance fulfills that function and
sets forth the insurance requirements as a separate Article in the Chapter of
the Code pertaining to administration. The various minor revisions that had
been made have been reviewed by our joint self-insurance group, IRMA, and have
been approved by them. It is therefore recommended that the Village Board
pass the attached ordinance.
Respectfully submitted,
John H. Brechin
Village Attorney
JHB:sps
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VILLAGE OF OAK BROOK Minutes -2- July 11, 1989
B. ORDINANCE NO. G-431 AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF
��/THE VILLAGE OF OAK BROOK AND PROVIDING FOR INSURANCE REQUIREMENTS FOR
CONTRACTORS AND PERMITTEES:
Proposed ordinance provides amendments to the Code of Ordinances
relating to Insurance Requirements.
Trustee Maher moved, seconded by Trustee Rush. . .
To pass Ordinance No. G-431 as presented and waive the full reading
thereof.
ROLL CALL VOTE: Ayes: Trustees Bartecki, Bushy, Maher, Payovich, Rush, Winters
and President Cerne.
Nays: None
Absent: None So ordered.
V. FINANCIAL:
A. Pagouts:
1. 22nd Street and York Road - Preliminary Engineering - Payout #5:
Trustee Rush moved, seconded by Trustee Bushy. . .
�- To authorize payment of Payout #5 to James J. Benes Associates, Inca
for professional engineering services for the 22nd Street/York Road
roadway improvements in the total amount of $3,642.78 subject to proof
of payment of printing of blueprints.
ROLL CALL VOTE: Ayes: Trustees Bartecki, Bushy, Maher, Payovich, Rush, Winters
and President Cerne.
Nays: None
Absent: None So ordered.
2. 1989 Pavement Rejuvenation Project No. 89-1115- Payout #1 :
Trustee Rush moved, seconded by Trustee Bushy. . .
To authorize payment of Payout #1 to Midwest Tar Sealer Company for
the 1989 Pavement Rejuvenation Project for Crab Apple Lane, Forest
Trail, Green Leaf Drive, Timber View Drive, Timber Trail Drive, Twin
Oaks, Walnut Lane, Woodland Drive, Merry Lane, Timber Court, Fairview,
35th Street and Cass Court in the total amount of $28,587.73, subject
�. to approval of waivers by the Village Attorney.
ROLL CALL VOTE: Ayes: Trustees Bartecki, Bushy, Maher, Payovich, Rush, Winters
and President Cerne.
Nays: None
Absent: None So ordered.
3. 1989 Watermain Extension Project No. 89-1202 Payout #4 (Timber Edge
Drive) (Roosevelt South Frontage Road) Forest Trail to Euclid Avenue
Extended, Stafford Lane Water Main Extension:
Trustee Rush moved, seconded by Trustee Maher. . .
To authorize payment of Payout #4 to Trine Construction Corporation
for construction of transmission/distribution mains at the subject
locations, including appurtenant services and structures in the total
amount of $22,764.58 subject to approval of waivers by the Village
Attorney.
ROLL CALL VOTE: Ayes: Trustees Bartecki, Bushy, Maher, Payovich, Rush, Winters
and President Cerne.
Nays: None
Absent: None So ordered.
VILLAGE OF OAK BROOK Minutes -2- July 11 , 1989
�-
VILLAGE OF OAK BROOK
1200 OAK BROOK ROAD
OAK BROOK, ILLINOIS 60521 -2255
312 990-300;
July 12 , 1989
Municipal Code Corporation
1700 Capital Circle S.W.
P. 0. Box 2235
Tallahasee , Florida 32304
Attention: Mr. Robert Laslie
Dear Mr. Laslie :
The Village Board at their Board Meeting of Tuesday, July 11 , 1989 ,
passed and approved the following ordinance :
ORDINANCE NO. G- 431 AN ORDINANCE AMENDING THE CODE OF
ORDINANCES OF THE VILLAGE OF OAK BROOK AND PROVIDING
FOR INSURANCE REQUIREMENTS FOR CONTRACTORS AND
PERMITTEES
The above Ordinance is being forwarded to you for inclusion in the
next supplement of the Code of Ordinances of the Village of Oak Brook.
I would appreciate your acknowledging receipt of this Ordinance .
Sincerely,
7 Va . rec
e At torney
JHB/jr
Enclosure