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G-431 - 07/11/1989 - VILLAGE CODE - Ordinances 71-r3 SLA r2,/irU CF_ NNW Fork C-0?� TRACTORS 4 PERMi TTEE,S `7 - 1 ► -g9 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 G��F 0 a N ' 2 FCOUNt,4' 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 Y�RA)=T' C, - `f3/ 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