Storm Sewer Services VILLAGE OF OAK BROOK
CONTRACT FOR
STORM SEWER SERVICES
Full Name of Contractor:Tierra Environmental("Contractor")
Principal Office Address:3821 Indianapolis Blvd., East Chicago, Indiana, 46312
Contact Person: Ralph, Dispatch Telephone Number: (219)398-4000
TO: Village of Oak Brook("Village")
1200 Oak Brook Road
Oak Brook, Illinois
Attention: Doug Patchin,Public Works Director
Contractor warrants and represents that Contractor has
carefully examined the Work Sites described below and
has reviewed and understood all documents included,
referred to, or mentioned in this bound set of documents.
1. Work
A. Contract and Work. Contractor acknowledges,
and agrees, that Contractor shall, at its sole cost and 5. Miscellaneous. Do all other things required
expense, provide, perform, and complete, in the manner of Contractor by this Contract; and
specified and described, and upon the terms and
conditions set forth, in this Contract, all of the following, 6. Quality. Provide, perform, and complete all
all of which is herein referred to as the"Work": of the foregoing in a proper and workmanlike
manner, consistent with the standards of
1. Labor, Equipment. Materials, and Supplies. recognized professional firms in performing
Provide, perform, and complete, in the Work of a similar nature, in full compliance
manner specified and described in this with, and as required by or pursuant, to this
Contract, all necessary work, labor, services, Contract, and with the greatest economy,
transportation, equipment, materials, efficiency, and expedition consistent
supplies, information, data, and other means therewith, with only new, undamaged, and
and items necessary for Storm Sewer first quality equipment, materials, and
Services, as specified in the Contractors supplies.
response to the Request for Proposal, hereto
attached as Exhibit A ("Work Site'); B. Performance Standards. Contractor
acknowledges and agrees that all Work shall be
2. Permits. The Village will furnish all fully provided, performed, and completed in
permits, licenses, and other governmental accordance with the specifications in Exhibit A.
approvals and authorizations necessary in In the event the quality of service becomes
connection therewith; unacceptable, the Village reserves the right to
cancel the contract after giving thirty (30) day
3. Bonds and Insurance. Procure and furnish written notice.
all bonds and all insurance certificates and
policies of insurance specified in this C. Responsibility for Damage or Loss. Contractor
Contract; proposes, and agrees, that Contractor shall be
responsible and liable for, and shall promptly and
4. Taxes. Pay all applicable federal, state, and without charge to Village repair or replace, any damage
local taxes; done to, and any loss or injury suffered by, the Village,
the Work, the Work Site, or other property or persons as
a result of the Work.
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D. Innection/Testine/Rejection. Village shall have shall include Contractor's certification of the
the right to inspect all or any part of the Work and to value of, and partial or final waivers of lien
reject all or any part of the Work that is, in Village's covering, all Work for which payment is then
judgment, defective or damaged or that in any way fails requested and Contractor's certification that all
to conform strictly to the requirements of this Contract prior payments have been properly applied to
and the Village, without limiting its other rights or the payment or reimbursement of the costs with
remedies, may require correction or replacement at respect to which they were paid.
Contractor's cost, perform or have performed all Work
necessary to complete or correct all or any part of the 3. Contract Term
Work that is defective, damaged, or nonconforming and The term of this Agreement shall be for three (3) years
charge Contractor with any excess cost incurred thereby, beginning April 1, 2020. Contractor acknowledges and
or cancel all or any part of any order or this Contract. agrees that Contractor shall commence the Work within
Work so rejected may be returned or held at Contractor's 15 days following the Village's acceptance of this
expense and risk. Contract provided Contractor shall have furnished to the
Village all bonds and all insurance certificates specified
2. Contract Price in this Contract("Commencement Date').
Contractor acknowledges and agrees that Contractor 4. Financial Assurance
shall take in monthly payments for all Work and other
matters set forth under Section 1 above, including A. Bonds. If the total contract cost is $20,000 or
overhead and profit; taxes, contributions, and premiums; more, the Contractor acknowledges and agrees that
and compensation to all subcontractors and suppliers, Contractor shall provide a Performance Bond, on forms
the compensation set forth below. provided by, or otherwise acceptable to, the Village, from
a surety company acceptable to the Village, each in the
A. SCHEDULE OF PRICES penal sum of the Contract Price,within 10 days following
the Village's acceptance of this Contract.
For providing, performing, and completing all
Work, based on the hourly rates as indicated in B. Insurance. Contractor acknowledges and agrees
Exhibit A. that Contractor shall provide certificates of insurance
evidencing the minimum insurance coverages and limits
B. BASIS FOR DETERMINING PRICES set forth in Exhibit B within 10 days following the
Village's acceptance of this Contract. Such policies shall
It is expressly understood and agreed that: be in form, and from companies, acceptable to the
Village. The insurance coverages and limits set forth
1. All prices stated in the Schedule of Prices Exhibit B shall be deemed to be minimum coverages and
are firm and shall not be subject to limits and shall not be construed in any way as a
escalation or change; limitation on Contractor's duty to carry adequate
insurance or on Contractor's liability for losses or
2. The Village is not subject to state or local damages under this Contract. The minimum insurance
sales, use, and excise taxes, that no such coverages and limits that shall be maintained at all
taxes are included in the Schedule of Prices, times while providing, performing, or completing the
and that all claim or right to claim any Work are as set forth in Exhibit B.
additional compensation by reason of the
payment of any such tax is hereby waived C. Indemnification. Contractor acknowledges and
and released; agrees that Contractor shall indemnify and save
harmless the Village, its officers, officials, employees and
3. All other applicable federal, state, and local volunteers, against all damages, liability, claims, losses,
taxes of every kind and nature applicable to and expenses (including attorneys'fee)that may arise, or
the Work are included in the Schedule of be alleged to have arisen, out of or in connection with
Prices. Contractor's performance of, or failure to perform, the
Work or any part thereof, or any failure to meet the
C. TIME OF PAYMENT representations and warranties set forth in Section 6 of
this Contract.
It is expressly understood and agreed that any
final payments shall only be made upon D. Penalties. Contractor acknowledges and agrees
completion of the work and final approval by the that Contractor shall be solely liable for any fines or civil
Village. penalties that are imposed by any governmental or
quasi-governmental agency or body that may arise, or be
All payments may be subject to deduction or alleged to have arisen, out of or in connection with
setoff by reason of any failure of Contractor to Contractor's performance of, or failure to perform, the
perform under this Contract. Each payment Work or any part thereof.
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complete the Work within the Contract Price and
5. Firm Proposal Contract Time set forth above.
All prices and other terms stated in this Contract are 7. Acknowledgements
firm and shall not be subject to withdrawal, escalation,
or change. In submitting this Contract, Contractor
acknowledges and agrees that:
6. Contractor's Representations and Warranties
A. Reliance. The Village is relying on all
In order to induce the Village to accept this Contract, warranties, representations, and statements made by
Contractor hereby represents and warrants as follows: Contractor in this Contract.
A. The Work. The Work, and all of its components, B. Acceptance. If this Contract is accepted,
shall strictly conform to the requirements of this Contractor shall be bound by each and every term,
Contract, including, without limitation, the performance condition, or provision contained in this Contract.
standards set forth in Subsection 1B of this Contract;
and shall be fit, sufficient, and suitable for the purposes C. Remedies. Each of the rights and remedies
expressed in, or reasonably inferred from, this Contract reserved to the Village in this Contract shall be
and the warranties expressed herein shall be in addition cumulative and additional to any other or further
to any other warranties expressed or implied by law, remedies provided in law or equity or in this Contract.
which are hereby reserved unto the Village.
D. Time. Time is of the essence in the performance
B. Compliance with Laws. The Work, and all of its of all terms and provisions of this Contract and, except
components, shall be provided, performed,and completed where stated otherwise references in this Contract to
in compliance with, and Contractor agrees to be bound days shall be construed to refer to calendar days and
by, all applicable federal, state, and local laws, orders, time.
rules, and regulations, as they may be modified or
amended from time to time, including without limitation, E. No Waiver. No examination, inspection,
if applicable, the Prevailing Wage Act, 820 ILCS investigation, test, measurement, review, determination,
130/0.01 et seq.; any other prevailing wage laws; any decision, certificate, or approval by the Village, whether
statutes requiring preference to laborers of specified before or after the Village's acceptance of this Contract;
classes; any statutes prohibiting discrimination because nor any information or data supplied by the Village,
of, or requiring affirmative action based on, race, creed, whether before or after the Village's acceptance of this
color, national origin, age, sex, or other prohibited Contract; nor any order by the Village for the payment of
classification; and any statutes regarding safety or the money; nor any payment for, or use, possession, or
performance of the Work. Further, Contractor shall acceptance of, the whole or any part of the Work by the
have a written sexual harassment policy in compliance Village; nor any extension of time granted by the Village;
with Section 2-105 of the Illinois Human Rights Act nor any delay by the Village in exercising any right
during the course of the work. The Village does not under this Contract; nor any other act or omission of the
believe that the requirements of the Prevailing Wage Act Village shall constitute or be deemed to be an acceptance
(820 ILCS 130), as amended, apply to the Contract. of any defective, damaged, or nonconforming Work, nor
However, the Contractor is responsible for making its operate to waive or otherwise diminish the effect of any
own assessment of the Prevailing Wage Act's representation or warranty made by Contractor; or of
requirements and if it applies to the Contract. any requirement or provision of this Contract; or of any
remedy,power, or right of the Village.
C. Not Barred. Contractor is not barred by law
from contracting with the Village or with any other unit F. Severability. It is hereby expressed to be the
of state or local government as a result of (i) a intent of the parties to this Contract that should any
delinquency in the payment of any tax administered by provision, covenant, agreement, or portion of this
the Illinois Department of Revenue unless Contractor is Contract or its application to any Person or property be
contesting, in accordance with the procedures held invalid by a court of competent jurisdiction, the
established by the appropriate Revenue Act, its liability remaining provisions of this Contract and the validity,
for the tax or the amount of tax, as set forth in 65 ILCS enforceability, and application to any Person or property
5/11-42.1-1; or (ii) a violation of either Section 33E-3 or shall not be impaired thereby, but the remaining
Section 33E-4 of Article 33 of the Criminal Code of 1961, provisions shall be interpreted, applied, and enforced so
720 ILCS 5/33E-1 et seMc. as to achieve, as near as may be, the purpose and intent
of this Contract to the greatest extent permitted by
D. Qualified. Contractor has the requisite applicable law.
experience, ability, capital, facilities, plant, organization,
and staff to enable Contractor to perform the Work G. Amendments and Modifications. No amendment
successfully and promptly and to commence and or modification to this Contract shall be effective until it
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is reduced to writing and approved and executed by the K Conflicts of Interest, Contractor represents and
corporate authorities of the parties in accordance with all certifies that, to the beet of its knowledge, (1) no elected
applicable statutory procedures. or appointed Village official, employee or agent has a
personal financial interest in the business of the
H. Aaigp=nt. Neither this Contract, nor any Contractor or in this Agreement, or hae personally
interest herein, shall be assigned or subcontracted, in received payment or other consideration for this
whole or in part, by Contractor except upon the prior Agreement; (2)as of the date of this Agreement,neither
written consent of the Village. Contractor nor any person employed or associated with
Contractor has any interest that would conflict in any
I. Governing L&To Venue. This Contract shall be manner or degree with the performance of the
governed by, construed and enforced in accordance with obligations under this Agreement; and (3) neither
the internal laws, but not the conflicts of laws rules, of Contractor nor any person employed by or associated
the State of Illinois. Venue for any action arising out of with Contractor shall at any time during the term of this
or due to this Contract shall;be in the Circuit Court for Agreement obtain or acquire any interest that would
DuPage County,Illinois. conflict in any manner or degree with the performance of
the obligations under this Agreement.
J. Certified ed I�ay', 116. COIItlaCtO! shall, in
accordance with Section 6 of the Illinois Prevailing Wage L. Exhibits. If any conflict exists between this
Act, 820 ILLS 130/6,submit to the Village,on a monthly Contract and any exhibit attached hereto, the terms of
basis, a certified payroll The certified payroll shall this Contract shall prevail. Any conflict that exists
consist of a complete copy of those records required to be between Exhibit A and Exhibit B, the terms of Exhibit B
made and kept by the Prevailing Wage Act. The certified shall prevail,
payroll shall be accompanied by a statement signed by
the Contractor or subcontractor which certifies that: (1) M. No Disclosure of Confid utW Information by
such records are true and accurate; (2) the hourly rate the Consultant, The Consultant acknowledges that it
paid is not less,if applicable, than the general prevailing shall, in performing the Services for the Village under
rate of hourly wages required by the Prevailing Wage this Agreement, have access, or be directly or
Act; and (3) Contractor or subcontractor is aware that indirectly exposed, to Confidential Information. The
filing a certified payroll that he or she knows to be false Consultant shall hold confidential all Confidential,
is a Class B misdemeanor. A general contractor may Information and shall not disclose or use such
rely upon the certification of a lower tier subcontractor, Confidential Information without the express prior
provided that the general contractor does not knowingly written consent of the Village. The Consultant shall
rely upon a subcontractor's false certification. Upon two use reasonable measures at least as strict as those the
business days'notice, Contractor and each subcontractor Consultant uses to protect its own confidential
shall make available for inspection the records required
to be made and kept by the Act: (i) to the Village, its information. Such measures shall include, without
officers and agents, and to the Director of the Illinois limitation, requiring employees and subcontractors of
Department of Labor and his or here deputies and the Consultant to execute a non-disclosure agreement
agents; and (ii) at all reasonable hours at a location before obtaining access to Confidential Information
within this State.
IN WITNESS WHEREOF the parties hereto VILLAGE OF OAK BROOK, an Illinois
have caused t 's reement to be executed, municipal corporation
effective on 2050•
Charlotte Pruss,Village Clerk Riccardo F.Ginex,Village Manager
ATTEST:
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EXHIBIT A
(PROPOSAL SUBMITTED)
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RECEIVED 02/04/2020 02:20PM 2193985000 TIERRA ENVIRONMENTAL
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9c`-couwvf � The Village of Oak Brook is seeking proposals for general storm sewer cleaning
Village of maintenance of approximately 200 inlet basins to be cleaned for a 3 year period within the
Oak Brook months of October or November.Proposals shall be biased on the hourly cost of one
1200 Oak Brook Road machine with operator.The village will supply one laborer,water for cleaning,and
Oak Brook,IL 60523-2255 dumpsite.Work is to be performed in eight(8)consecutive hour workdays 7:00 a.m. -3:30
Website p.m. Monday through Friday(not to include travel time).Workdays will be scheduled in
wwwAsk-brwk.org advance and mutually agreed upon by the Village and contractor.We are also requesting a
Administration price list of different services that your company supplies.Future work for the Village will
630.368.5000 be based upon these prices.Please mail your proposal to the Village of Oak Brook, 1200
FAX 630.368.5045 Oak Brook Rd.Oak Brook IL 60523 attention Lee Hammer in a sealed envelope,marked
"storm sewer cleaning proposal" Proposals are due back by February 12,2020.
Development Services
630.368.5101 The Villa f Oak Brook the right to reject anor all proposals,to waive an
FAX 630.368..368.5128 $a oreserves � y � � ' y
technicalities,and or accept any quote which may be deemed to be in the best interest of the
Fire Department Village of Oak Brook.
630.368.5200
FAX 630.368.5251 If you have any questions please direct them to;
Police Department
630.368.8700 Lee Hammer
FAX 630.368.8739 Village of Oak Brook
Public Works
Public works (630)368-5278
Department Fax(630)368-5279
630.368.5270
FAX 630.368.5295 Email lhammer@oak-brook.org
Oak Brook
Public Library
600 Oak Brook Road
Oak Brook,IL 60523-2200 Please include a copy of your certificate of Insurance.
630.368.7700
FAX 630.368.7704 All work performed will meet or exceed USEPA, OSHA, and VILLAGE Safety policies.
l
Oak Brook Sports Core Vendors Name l 1 e U�1/� t:� V i b 1Cl✓i.h i C�S
Bath&Tennis Club i_
700 Oak Brook Road Contact person ��p G
Oak Brook,IL 60523-4600 i
630.368.6420 Address 3$ -TN0'6&,,��I�,
FAX 630368.6439 `1
Golf Club City, State, and Zip Code —CAA
2606 York Road
Oak Brook,IL 60523-4602 Phone Number
630.368.6400
FAX 630.368.6419
Emergency Phone { ,g ) �7`f_ 0 d�?1 r -7 a - 1 So
Fax Number 0
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Storm Sewer Jetting and Inlet Basin Cleanine Services
A. Materials to be furnished:
1. uanti
One machine with operator,from time to time as mutually agreed upon by the Village and
contractor,weather permitting,for approximately 120 hours excluding emergency work.
Service block shall not be less then five(5)consecutive working days or forty(40)consecutive
working hours.Except for possible emergency service.
2. ui ment:
Equal to the Vactor Jet Rodder 1200 as manufactured by Peabody-Myers Co.in capacities
and operation.
The equipment shall have a supply water tank of approximately 1600 gallons and a holding
tank hopper sufficient to operate uninterrupted for the duration of the fresh water supply,
approximately 16 cubic yards of debris. Equipment must have the capability to drain off any
or all excess water from debris that is picked up.
The Jetting hose shall be approximately 500'in length with pressure developed by a pump
rated at 2,000 psi at 65 gpm.
Suction hose shall be capable of reaching 20'deep to the bottom of the manhole or basin,
and of sufficient diameter to remove flushed and accumulated debris.
B. Terms And Conditions:
1. Normal workday is 7:00 A.M. -3:30 P.M.,Monday-Friday. Overtime is on an emergency
basis mutuality agreed to by the Village and contractor before any overtime work begins.
2. All expenses related to labor,maintenance and operation of the machine and equipment shall
be that of the contractors.
3. One laborer will be furnished by the Village.
4. Within 14 days following notice to proceed given by the Village of Oak Brook the contractor
shall be on site with adequate manpower and operative equipment to perform such work.
5. Rate shall be computed hourly and shall be paid upon receipt of an invoice for each block of
time as described above.
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6. Payment for time shall be paid based on actual hours worked and shall not include travel
time from contractor's place of business to the Village Public Works site.
(for all non-emergency work)
7. If the contractor chooses to leave the equipment in the Public Works Yard,the contractors
equipment will be covered under the contractors insurance policy.
8. Water necessary to operate the Vactor,and a dump site shall be famished by the Village.
C. Costs:
The Undersigned hereby affirms and states that the price quoted herein constitute the
total cost to the Village for all work involved in the respective items and that this cost also
includes all insurance,royalties,transportation charges,use of all tools and equipment,
superintendence,overhead expense,all profits and all other work,services and conditions
necessarily involved in the work to be done and materials to be furnished in accordance
with requirements of the Contract Documents considered severally and collectively.
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VILLAGE OF OAK BROOK
STORM SEWER CLEANING AND MAINTENANCE
2020
Cost per hour Cost if Village
Non-Emergency services; (straight time) Operator&laborer Supplies taborer
Jetting/Cleaning $ ,3 00 btu $ Igo u C`'
Root Cutting $
Television Inspection $ $
Emergency Services; (overtime/holiday)
Jetting/Cleaning $ _
Root Cutting $ $
Television Inspection $ $
Minimum Hour Charges; (if any)
Emergency $ $
Non-Emergency $J $
Travel Charges; (if any)
Emergency Call $ c-% $ p J
ALL PRICES SHALL REMAIN IN EFFECT FOR THE CALENDER YEAR 2020
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STORM SEWER CLEANING AND MAINTENANCE
2021
Cost per hour Cost if Village
Non-Emergency services; (straight time) Operator&laborer Supplies laborer
Jetting/Cleaning $—Ila. oy $ � 00
Root Cutting $ $
Television Inspection $ $
Emergency Services; (overtime/holiday)
Jetting/Cleaning $ $
Root Cutting $ $
Television Inspection $ $
Minimum Hour Charges; (if any)
Emergency $ $
Non-Emergency $ $
Travel Charges; (if any)
Emergency $ 3 i o. C"`) $ vv
ALL PRICES SHALL REMAIN IN EFFECT FOR THE CALENDER YEAR 2021
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VILLAGE OF OAK BROOK
STORM SEWER CLEANING AND MAINTENANCE
2022
Cost per hour Cost if Village
Non-Emergency services; (straight time) Operator&laborer Supplies laborer
Jetting/Cleaning $ 310
Root Cutting ; $
Television $ $
Inspection
Emergency Services; (overtime/holiday)
Jetting/Cleaning $ 5 �� $ 3.S()
Root Cutting
I
Television $ $�,
Inspection
Minimum Hour Charges; (if any)
Emergency $ $
Non-Emergency $ i9 $
Travel Charges; (If any)
Emergency $ ( d
ALL PRICES SHALL REMAIN IN EFFECT FOR THE CALENDER YEAR 2022
EXHIBIT B
(INSURANCE REQUIREMENTS)
Certificates of Insurance shall be presented to the Village upon execution of this contract and vendor shall not
commence work until it provides and receives acceptance of insurance certificates from the Village as required by
this exhibit.
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 Title 1 of Chapter 8 of the Code of Ordinances of
the Village of Oak Brook (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 subcontractors.
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;
B. Automobile Liability (if applicable) - $1,000,000 combined single limit per accident for bodily injury and
property damage;
C. Worker's Compensation and Employer's Liability-Worker's Compensation limits as required by the Labor
Code of the State of Illinois and Employer's Liability limits of$1,000,000 per accident.
Any deductibles or self-insured retention 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.
The policies shall contain,or be endorsed to contain, the following provisions:
D. General Liability and Automobile Liability Coverage-
(1)The Village,its officers,officials,employees and volunteers are to be covered as additional insureds as
respects: liability arising out of activities performed by or on behalf of the Insured;premises owned,
occupied or used by the Insured. The coverage shall contain no special limitations on the scope of
protection afforded to the Village,its officers,officials,employees,volunteers,or agents.
(2)The Insured's insurance coverage shall be primary insurance as respects the Village, its officers,
officials, employees, volunteers and agents. Any insurance or self-insurance maintained by the
Village, its officers, officials, employees, volunteers or agents shall be in 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,volunteers or agents.
(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.
E. Worker's Compensation and Employer's Liability Coverage
The policy shall waive all rights of subrogation against the Village, its officers, officials, employees,
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volunteers and agents for losses arising from work performed by the insured for the Village.
Each insurance policy shall be endorsed to state that coverage shall not be suspended,voided, canceled 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 officers, officials and employees,
volunteers and agents as additional Insureds. Insurance is to be placed with insurers with a Best's rating of no
less than A:VII.
Each Insured shall furnish the Village with certificates of insurance and with original endorsements effecting
coverage required by this provision. The certificate 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.
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.
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