UST Annual Compliance Testing VILLAGE OF OAK BROOK
CONTRACT FOR THE
UNDERGROUND STORAGE TANK(UST)ANNUAL COMPLIANCE TESTING
Full Name of Contractor: Stenstrom Petroleum Services Group ("Contractor")
Principal Office Address: 2422 Center Street, Rockford, Illinois 61108
Contact Person:John Burke, Environmental Compliance Manager Telephone Number: (815) 398-6250
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 Site 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 the Underground first quality equipment, materials, and
Storage Tank (UST) Annual Compliance supplies.
Testing as specified in Exhibit A attached
hereto, in Oak Brook, Illinois 60523 ("Work B. Performance Standards. Contractor
Site"); acknowledges and agrees that all Work shall be fully
provided, performed, and completed in accordance with
2. Permits. The Village will furnish all the Proposal #2021-0585 dated May 13, 2021, attached
permits, licenses, and other governmental hereto as Exhibit A.
approvals and authorizations necessary in
connection therewith; C. Responsibility for Damage or Loss. Contractor
proposes, and agrees, that Contractor shall be
3. Insurance. Procure and furnish insurance responsible and liable for, and shall promptly and
certificates specified in this Contract; without charge to Village repair or replace, any damage
done to, and any loss or injury suffered by, the Village,
4. Taxes. Pay all applicable federal, state, and the Work, the Work Site, or other property or persons as
local taxes; a result of the Work.
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D. Inspection/Testing/Rejection. Village shall have All payments may be subject to deduction or
the right to inspect all or any part of the Work and to setoff by reason of any failure of Contractor to
reject all or any part of the Work that is, in Village's perform under this Contract. Each payment
judgment, defective or damaged or that in any way fails shall include Contractor's certification of the
to conform strictly to the requirements of this Contract value of, and partial or final waivers of lien
and the Village, without limiting its other rights or covering, all Work for which payment is then
remedies, may require correction or replacement at requested and Contractor's certification that all
Contractor's cost, perform or have performed all Work prior payments have been properly applied to
necessary to complete or correct all or any part of the the payment or reimbursement of the costs with
Work that is defective, damaged, or nonconforming and respect to which they were paid.
charge Contractor with any excess cost incurred thereby,
or cancel all or any part of any order or this Contract. 3. Contract Time
Work so rejected may be returned or held at Contractor's
expense and risk. Contractor acknowledges and agrees that Contractor
shall commence the Work within 15 days (weather
2. Contract Price permitting) following the Village's acceptance of this
Contract provided Contractor shall have furnished to the
Contractor acknowledges and agrees that Contractor Village all bonds and all insurance certificates specified
shall take in full payment for all Work and other matters in this Contract ("Commencement Date"). Contractor
set forth under Section 1 above, including overhead and further acknowledges and agrees that Contractor shall
profit; taxes, contributions, and premiums; and perform the Work diligently and continuously and shall
compensation to all subcontractors and suppliers, the complete the Work not later than July 15, 2021 ("Time
compensation set forth below. of Performance"). The Village may modify the Time of
Performance at any time upon 15 days prior written
A. SCHEDULE OF PRICES notice to the Contractor. Delays caused by the Village
shall extend the Time of Performance; provided,
For providing, performing, and completing all however, that Contractor shall be responsible for
Work, the total Contract Price of$2,620.00 completion of all Work within the Time of Performance,
notwithstanding any strike or other work stoppage by
TOTAL CONTRACT PRICE (in writing): employees of either Contractor or of the Village.
Two Thousand Six Hundred and Twenty Dollars 4. Financial Assurance
B. BASIS FOR DETERMINING PRICES A. Insurance. Contractor acknowledges and agrees
that Contractor shall provide certificates of insurance
It is expressly understood and agreed that: evidencing the minimum insurance coverages and limits
set forth in Exhibit B within 10 days following the
1. All prices stated in the Schedule of Prices Village's acceptance of this Contract. Such policies shall
are firm and shall not be subject to be in form, and from companies, acceptable to the
escalation or change; Village. The insurance coverages and limits set forth
Exhibit B shall be deemed to be minimum coverages and
2. The Village is not subject to state or local limits and shall not be construed in any way as a
sales, use, and excise taxes, that no such limitation on Contractor's duty to carry adequate
taxes are included in the Schedule of Prices, insurance or on Contractor's liability for losses or
and that all claim or right to claim any damages under this Contract. The minimum insurance
additional compensation by reason of the coverages and limits that shall be maintained at all
payment of any such tax is hereby waived times while providing, performing, or completing the
and released; Work are as set forth in Exhibit B.
3. All other applicable federal, state, and local
taxes of every kind and nature applicable to B. Indemnification. Contractor acknowledges and
the Work are included in the Schedule of agrees that Contractor shall indemnify and save
Prices. harmless the Village its officers, officials, employees and
volunteers, against all damages, liability, claims, losses,
C. TIME OF PAYMENT and expenses (including attorneys' fee) that may arise,or
be alleged to have arisen, out of or in connection with
It is expressly understood and agreed that final Contractor's performance of, or failure to perform, the
payment shall be made upon completion of the Work or any part thereof, or any failure to meet the
work and final approval by the Village. representations and warranties set forth in Section 6 of
this Contract.
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C. Penalties. Contractor acknowledges and agrees D. Qualified. Contractor has the requisite
that Contractor shall be solely liable for any fines or civil experience, ability, capital, facilities, plant, organization,
penalties that are imposed by any governmental or and staff to enable Contractor to perform the Work
quasi-governmental agency or body that may arise, or be successfully and promptly and to commence and
alleged to have arisen, out of or in connection with complete the Work within the Contract Price and
Contractor's performance of, or failure to perform, the Contract Time set forth above.
Work or any part thereof.
7. Acknowledgements
5. Firm Proposal
In submitting this Contract, Contractor
All prices and other terms stated in this Contract are acknowledges and agrees that:
firm and shall not be subject to withdrawal, escalation,
or change. A. Reliance. The Village is relying on all
warranties, representations, and statements made by
6. Contractor's Representations and Warranties Contractor in this Contract.
In order to induce the Village to accept this Contract, B. Acceptance. If this Contract is accepted,
Contractor hereby represents and warrants as follows: Contractor shall be bound by each and every term,
condition, or provision contained in this Contract.
A. The Work. The Work, and all of its components,
shall strictly conform to the requirements of this C. Remedies. Each of the rights and remedies
Contract, including, without limitation, the performance reserved to the Village in this Contract shall be
standards set forth in Subsection 113 of this Contract; cumulative and additional to any other or further
and shall be fit, sufficient, and suitable for the purposes remedies provided in law or equity or in this Contract.
expressed in, or reasonably inferred from, this Contract
and the warranties expressed herein shall be in addition D. Time. Time is of the essence in the performance
to any other warranties expressed or implied by law, of all terms and provisions of this Contract and, except
which are hereby reserved unto the Village. where stated otherwise references in this Contract to
days shall be construed to refer to calendar days and
B. Compliance with Laws. The Work, and all of its time.
components, shall be provided,performed, and completed
in compliance with, and Contractor agrees to be bound E. No Waiver. No examination, inspection,
by, all applicable federal, state, and local laws, orders, investigation, test, measurement, review, determination,
rules, and regulations, as they may be modified or decision, certificate, or approval by the Village, whether
amended from time to time, including without limitation, before or after the Village's acceptance of this Contract;
if applicable, the Prevailing Wage Act, 820 ILLS nor any information or data supplied by the Village,
130/0.01 et seq.; any other prevailing wage laws; any whether before or after the Village's acceptance of this
statutes requiring preference to laborers of specified Contract; nor any order by the Village for the payment of
classes; any statutes prohibiting discrimination because money; nor any payment for, or use, possession, or
of, or requiring affirmative action based on, race, creed, acceptance of, the whole or any part of the Work by the
color, national origin, age, sex, or other prohibited Village; nor any extension of time granted by the Village;
classification; and any statutes regarding safety or the nor any delay by the Village in exercising any right
performance of the Work. Further, Contractor shall under this Contract; nor any other act or omission of the
have a written sexual harassment policy in compliance Village shall constitute or be deemed to be an acceptance
with Section 2-105 of the Illinois Human Rights Act of any defective, damaged, or nonconforming Work, nor
during the course of the work. operate to waive or otherwise diminish the effect of any
representation or warranty made by Contractor; or of
C. Not Barred. Contractor is not barred by law any requirement or provision of this Contract; or of any
from contracting with the Village or with any other unit remedy, power, or right of the Village.
of state or local government as a result of (i) a
delinquency in the payment of any tax administered by
the Illinois Department of Revenue unless Contractor is
contesting, in accordance with the procedures
established by the appropriate Revenue Act, its liability
for the tax or the amount of tax, as set forth in 65 ILCS
5/11-42.1-1; or (ii) a violation of either Section 33E-3 or
Section 33E-4 of Article 33 of the Criminal Code of 1961,
720 ILCS 5/33E-1 et sem.
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F. Severability. It is hereby expressed to be the shall make available for inspection the records required
intent of the parties to this Contract that should any to be made and kept by the Act: (i) to the Village, its
provision, covenant, agreement, or portion of this officers and agents, and to the Director of the Illinois
Contract or its application to any Person or property be Department of Labor and his or hers deputies and
held invalid by a court of competent jurisdiction, the agents; and (ii) at all reasonable hours at a location
remaining provisions of this Contract and the validity, within this State.
enforceability, and application to any Person or property
shall not be impaired thereby, but the remaining K. Conflicts of Interest. Contractor represents and
provisions shall be interpreted, applied, and enforced so certifies that, to the best of its knowledge, (1) no elected
as to achieve, as near as may be, the purpose and intent or appointed Village official, employee or agent has a
of this Contract to the greatest extent permitted by personal financial interest in the business of the
applicable law. Contractor or in this Agreement, or has personally
received payment or other consideration for this
G. Amendments and Modifications. No amendment Agreement; (2) as of the date of this Agreement, neither
or modification to this Contract shall be effective until it Contractor nor any person employed or associated with
is reduced to writing and approved and executed by the Contractor has any interest that would conflict in any
corporate authorities of the parties in accordance with all manner or degree with the performance of the
applicable statutory procedures. obligations under this Agreement; and (3) neither
Contractor nor any person employed by or associated
H. Assignment. Neither this Contract, nor any with Contractor shall at any time during the term of this
interest herein, shall be assigned or subcontracted, in Agreement obtain or acquire any interest that would
whole or in part, by Contractor except upon the prior conflict in any manner or degree with the performance of
written consent of the Village. the obligations under this Agreement.
1. Governing Law; Venue. This Contract shall be L. Exhibits and Other Agreements. If any conflict exists
governed by, construed and enforced in accordance with between this Agreement and any exhibit attached hereto
the internal laws, but not the conflicts of laws rules, of or any other Agreement between the parties relating to
the State of Illinois. Venue for any action arising out of this transaction, the terms of this Agreement shall
or due to this Contract shall be in the Circuit Court for prevail.
DuPage County, Illinois.
M. No Disclosure of Confidential Information by the
J. Certified Payrolls. Contractor shall, in Consultant. The Consultant acknowledges that it
accordance with Section 5 of the Illinois Prevailing Wage shall, in performing the Services for the Village under
Act, 820 ILCS 130/5, submit to the Village, on a monthly this Agreement, have access, or be directly or
basis, a certified payroll, if applicable. The certified indirectly exposed, to Confidential Information. The
payroll shall consist of a complete copy of those records
required to be made and kept by the Prevailing Wage Consultant shall hold confidential all Confidential
Information and shall not disclose or use such
Act. The certified payroll shall be accompanied by a
statement signed by the Contractor or subcontractor Confidential Information without the express prior
which certifies that: (1) such records are true and written consent of the Village. The Consultant shall
accurate; (2) the hourly rate paid is not less, if use reasonable measures at least as strict as those the
applicable, than the general prevailing rate of hourly Consultant uses to protect its own confidential
wages required by the Prevailing Wage Act; and (3) information. Such measures shall include, without
Contractor or subcontractor is aware that filing a limitation, requiring employees and subcontractors of
certified payroll that he or she knows to be false is a the Consultant to execute a nondisclosure agreement
Class B misdemeanor. A general contractor may rely before obtaining access to Confidential Information.
upon the certification of a lower tier subcontractor,
provided that the general contractor does not knowingly
rely upon a subcontractor's false certification. Upon two
business days' notice, Contractor and each subcontractor
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IN WITNESS WHEREOF the parties hereto VILLAGE OF OAK BROOK, an Illinois municipal
have caueegreement to be executed, corporation
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Village Clerk Vit age Manager
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EXHIBIT A
(PROPOSAL #2021-0585 DATED MAY 13, 2021)
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Date:5/13/2021 Proposal: 2021-0585
q
Customer: Rick Valent
Village of Oak Brook
3003 Jorie Blvd
Oak Brook, IL 60523
PH/Email: 630-368-5276/rvalent@oak-brook.org
Site Information: Same as above
Statement of Work:
Complete testing as listed below:
r.
e ,
Precision Line Test(includes 2 lines and 2 leak detectors) 1 350.00 350.00
ATG Certification and Sensors 1 400.00 400.00
E Stop Switch Test 2 75.00 150.00
Shear Valve Inspection 2 10.00 20.00
OSFM Annual Inspection 1 275.00 275.00
Overfill Device Test 1 75.00 75.00
Hydrostatic Containment Test(includes sumps and sbucket) 1 1350.00 1,350.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
v
s
3�
0.00
Accept Option: Decline Option: (,/one) PO Number:
General Notes:
• Proposal is subject to the attached Terms and Conditions, however any terms and conditions detailed in
the bodyt of the proposal supersede those stated via the attachment.
• This estimate is valid for 30 days from the above date.
• The pricing listed is for the Statement of Work specified—any additional work required to resolve the issue
will be billed at Stenstrom Petroleum Service standard rates.
• There is a $550.00 minimum charge for sump testing
• Price includes disposal of testing water at an approved facility. Customer is responsible for signing
water disposal manifest.
Revised:4121120
Amok—
Date: 5/13/2021 t Proposal: 2021-0585
IEK1u
• Stenstrom Petroleum is not liable for any damage to exisiting equipment that results from testing.
• Stenstrom Petroleum is not liable for any water that enters into the tank/or lines that results from
hydrostatic testing.
• Overfill valve and ball float test pricing is based on being able to remove the valve and ball float.
• Stenstrom Petroleum will provide test water for containment testing.
• Pricing is based on normal rates and does not include prevailing wage.
• All pricing is based on the service locatin being within a 50-mile radius of the Rockford or Lombard
Office.
• Any authorized repairs required to obtain a passing test will be chaged at standard service rates.
Payment Terms:
• On Reciept
The Following Items are Not Included in Proposal
• Any equipment or material not specifically listed in this proposal is excluded
• Any permits
• Return trips due to water in containment sumps
• Return trips due to lack of access to necessary equipment
• If a lift is required to access and test the vent caps an additional charge of$500.00 will apply.
• Dewatering, storage, or disposal of water
Thank you for the opportunity to submit this proposal. Feel free to give me a call with any questions.
Sincerely,
Tim Smith
Environmental Compliance Manager
Peii-sleuth Services Group
Signature
-
-
Printed Name Title
Revised:4121120
Date: 5/13/2021 Proposal: 2021-0585
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Environmental Compliance Terms and Conditions
1.DEFINITIONS
The following words shall where the context permits,have the following meanings:
"Detection of a Leak"means the ability to detect evidence of a release with a probability of detection of 95%and a probability of false alarm of 5%.
"Proposal"means the formal document issed by Stenstrom Petroleum Services Inc.testing service which the owner may require.
2.AGREEMENT
These Conditions of Proposal,together with all documents specified within the Proposal,constitute the entire terms of the Proposal,expres or implied.The
Purchaser may not sub-contract or assign its rights under a Proposal without Stenstrom Petroleum Services Inc.'s prior written consent.
In the event of any ambiguity,conflict or confusion between the documents,the terms in the Proposal itself shall prevail.
Stenstrom Petroleum Services Inc.shall not be bound by the Proposal until it has been signed by Purchaser.
3.VARIATION
If the Purchaser wishes to amend the Proposal,and such varation(s)cause an increase or decrease in Stenstrom Petroleum Services Inc.'s costs or an alteration
in the delivery time,an equitable adjustment may be negotiated.
4.PERMITS
No provision is made in this Proposal for special fees,permits,licenses,or similar expenses.If Purchaser is requested to furnish same such charges will be
added to the contract price unless otherwise stated.
S.COST AND PAYMENT
The price for the Stenstrom Petroleum Services System Service shall be as specified in the Proposal,with terms of patment being with thirty(30)days after
submission of the results of the Stenstrom Petroleum Services System Service being provided to the Purchaser,unless otherwise agreed in the Proposal.
A finance charge of 18%per annum(11/2 per month)will be added to all amounts not paid in full within(30)days from the billing date.
6.WARRANTY OF SERVICE
Stenstrom Petroleum Services Inc.warrants it will use its best endeavours to correctly provide the datea to Leighton O'Brien to analyse figures provided by the
Purchaser,for the Detection of a Leak,and otherwise to advise the Purchaser of the quality and performance of its underground tanks.
7.IMPLIED TERMS
Purchaser agrees that other than the warranty set out in clause 5,all warranties expressed or implied by statute,common law,equity or trade custom or usage or
otherwise permitted by law.
Further,the Purchaser acknowledges that neither Stenstrom Petroleum Services Inc.nor any of its Directors or Officers has made any representation or given
any promise or undertaking except as set out in the Proposal or these Conditions of Purchase,and the Proposal and Conditions of Purchase shall form the entire
agreement between the parties.
8.LIMITATIN OF LIABILITY
Other than as provided for in these Conditions of Purchase,Stenstrom Petroleum Services Inc.shall not be liable to the Purchaser for any loss or damage,
whether direct,indirect or consequential,caused as a result of relaince by the Purchaser or any third party the Stenstrom Petroleum Services System Service
or its results.
9.DELIVERY
Stenstrom Petroleum Services Inc.will deliver the results of the Stenstrom Petroleum Services System Service to the address nominated by the Purchaser in
the Proposal as soon as practiable and otherwise by a date agreed between both parties.
10.PROPERTY IN STENSTROM PETROLEUM SERVICES SYSTEM SERVICE
The property in the Stenstrom Petroleum Services and Leighton O'Brien System Service and its software shall remain at all times with Stenstrom Petroleum Services
and Leighton O'Brien Inc.
Copies of documents and figures provided to Stenstrom Petroleum Services and Leighton O'Brien Inc.by the Purchaser shall be
retained by Stenstrom Petroleum Services and Leighton O'Brien Inc.Unless otherwise agreed in writing.
11.DEFAULT
In the event of a breach by the Purchaser of any terms of the Proposal or these Conditions of Purchase,Stenstrom Petroleum Services Inc.may at its option and
without prejudice to any of its other rights,cancel any undelivered results of the Stenstrom Petroleum Services System Service of a current Proposal and the Purchaser
shall not be entitled to any compensation in respect of such cancellation.
Revised:4121120
Date:5/13/2021 Proposal: 2021-0585
E
12.CANCELLATION
If the Purchaser cancels a Proposal prior to completion,Stenstrom Petroleum Services Inc.may,at its option charge a cancellation fee of$100.for cost involced
with data processing.
13.CONFIDENTIALITY
The Purchaser and Stenstrom Petroleum Services Inc.shall maintain confidentiality in all matters relative to any enquiry,quotation or tender and any resultant
Propotal.
14.PURCHASER'S WARRANTY
The Purchaser warrants that all information provided to Stenstrom Petroleum Services Inc.is accurate,and the Purchaser shall indemnify Stenstrom Petroleum
Services Inc.against any loss,claims,damages or expenses arising out of or in connection with any breach of this warranty.
1S.INSOLVENCY
If the Purchaser shall become bankrupt or insolvent,or have a receiving order made against it or compounded with its creditors,or if being a corporation,a petition
for the compulsory winding-up not being for the purpose of reconstruction or amalgamation thereof commences or on the appointment of a receiver,
Stenstrom Petroleum Services Inc.shall be at liberty:
(a)to terminate the Proposal forthwith by notice in writing to the Purchaser or receiver or liquidator or to any person in whom the Proposal may become vested,or
(b)to give such receiver,liquidator or other person the option of carrying out the Proposal subject to it provdiing a gurantee for the due and faithful performance
of the Proposal up to an amount to be agreed upon.
16.APPLICABLE LAW
This Proposal and the performance there of shall be governed by the laws of the State of Illinois.
17.WAIVER
Failure by Stenstrom Petroleum Services Inc to insist upon strict performance of any terms or condition shall not constitute a waiver of any rights of Stenstrom
Petroleum Services Inc.under that term or condition,or a waiver or any other provisin or of any other provision.
18.PURCHASER TERMS AND CONDITIONS
Unless specifically accepted in the Proposal any terms and conditions of sale or the like of Stenstrom Petroleum Services Inc.shall not form part of the terms
and conditions in respect to any Stenstrom Petroleum Services System Service provided under the Proposal.
No terms state by Stenstrom Petroleum Services Inc.in accepting or aknowledgin the Order shall be binding upon Stenstrom Petroleum Services Inc.unless accepted
in writing by Stenstrom Petroleum Services.
19.LIENS
To protect all parties,a mechanics len will automatically be filed where payment is not receicved according to the terms of this contract.
20.ACKNOWLEDGEMENT
Please sign and initial where noted and fax or email to Stenstrom Petroleum Services Inc.Pty Ltd.
I/We acknoledge that we have received these conditions of purchase as a condition to the Proposal signed by us and that we agree to abide by the said
conditions of Purchase of the Company as varied and notified from time to time.
Company: Name:
Signature: Date:
Revised:4121120
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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