R-1628 - 03/14/2017 - PUBLIC WORKS - Resolutions RESOLUTION 2017-PW-STRM-SWR-R-1628
A RESOLUTION APPROVING AND AUTHORIZING THE AWARD
OF A CONTRACT TO TIERRA ENVIRONMENTAL
TO PROVIDE STORM SEWER SERVICES
WHEREAS, cleaning, maintenance and jetting of storm sewers in the Village is required on a
annual basis to insure regular flow of storm water; and
WHEREAS, a request for quotes was sent to five companies that provide Storm Sewer Services
("Services"); and
WHEREAS,five sealed quotes were received and a tabulation was prepared; and
WHEREAS, the quote received from Tierra Environmental ("Tierra") was for the lowest price to
perform the Services; and
WHEREAS, the President and Board of Trustees being fully advised in the premises, have
determined that it is in the best interests of the Village and its residents to award the Contract for Services
to Tierra.
NOW THEREFORE, BE IT RESOLVED BY THE PRESIDENT AND BOARD OF TRUSTEES OF
THE VILLAGE OF OAK BROOK, DU PAGE AND COOK COUNTIES, ILLINOIS as follows:
Section 1: Recitals. The foregoing recitals are hereby incorporated into, and made a part
of, this Resolution as the findings of the President and Board of Trustees of the Village of Oak Brook.
Section 2: Approval of Contract. The President and Board of Trustees hereby approve the
Contract with Tierra in substantially the same form as attached as Exhibit A.
Section 3: Authorization and Execution of Contract. The Village Manager and Village Clerk
shall be, and hereby are, authorized to execute the Contract between the Village and Tierra after receipt
of the final Agreement fully executed by Tierra.
Section 4: Effective Date. This Resolution shall be in full force upon passage and approval
in the manner provided by law.
[SIGNATURE PAGE FOLLOWS]
Resolution 2017-PW-STRM-SWR-R-1628
Approving a Contract for Storm Sewer Services
With Tierra Environmental
Page 2 of 3
APPROVED THIS 14th day of March, 2017
- .�'
Gopal G. L"almalani
Village President
PASSED THIS 14th day of March, 2017
Ayes: Trustees Baar, Mov. Tiesenga. Yusuf
Nays: None
Absent: Trustees Adler and Manzo
ATTEST:
Charlotte K. Pruss
Village Clerk
Resolution 2017-PW-STRM-SWR-R-1628
Approving a Contract for Storm Sewer Services
With Tierra Environmental
Page 3 of 3
EXHIBIT A
CONTRACT FOR STORM SEWER SERVICES
G,=tie. REVIEW OF CONTRACTS
Aw�A ency: -Type of Contract.
D ent: Program/Account Number:
Awarded Contract Price: Budgeted Amount:
9.X (DO
[7 Under $20,000 Q $500,001 - $1,000,000
$20,000 - $500,000 [� Over $1,000,000
INC?TES
I�
I
DEPARTME RECTC)R SIGNATUR E
Name: Date:
iN y QtNX SGN1�T1 a
Name.
Date
({�� �
k �!■!! � �1M}�R41 � i R a^'� t
Name
Date:
'}
Name: Date: j.r .
xThree (3) Originals signed by other party Date/Initials "15 17 IS
Original provided to staff member for other party Date/Initials 511& 1-7 1�
( Original provided to Official Files Date/Initials.4/� -1,7 RS
Village of Oak Brook I Approved by Board of Trustees- Date/Initials:
VILLAGE OF OAK BROOK
CONTRACT FOR THE
STORM SEWER SERVICES
Full Name of Contractor:Tierra Environmental("Contractor")
Principal Office Address:3821 Indianapolis Blvd.,East Chicago,Indiana,46312
Contact Person: Dave Zagorac 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
5. Miscellaneous. Do all other things required of
A. Contract and Work. Contractor acknowledges, and Contractor by this Contract;and
agrees,that Contractor shall,at its sole cost and ,ex ense provide,P P 6. Quali . Provide, perform, and complete all of the
perform, and complete, in the manner specified and described,
and upon the terms and conditions set forth, in this Contract, all foregoing in a proper and workmanlike manner,
consistent with the standards
of the following,all of which is herein referred to as the"Work": recognized
professional firms in performing Worr k of a similar
1. Labor, Equipment Materials and Supplies. nature, in full compliance with, and as required by
or pursuant
Provide, perform, and complete, in the manner to this Contract, and with he greatest
specified and described in this Contract, all economy, efficiency, and expedition consistent
therewith, with only new, undamaged, and
necessary work, labor, services, transportation, first
quality equipment,materials,and supplies.
equipment, materials, supplies, information, data,
and other means and items necessary for Storm B. Performance Standards. Contractor
Sewer Services, as specified in the Contractors acknowledges and
g agrees that all Work shall be fully
response to the Request for Proposal, hereto
provided,performed, and completed in accordance with
attached as Exhibit A ("Work Site"); the specifications in Exhibit A. In the event the quality
of service becomes unacceptable, the Village reserves
2. Permits. The Village will furnish all permits, the right to cancel the contract after giving thirty (30)
licenses, and other governmental approvals and
authorizations necessary in connection therewith; day written notice.
C. Responsibility for Damage or Loss. Contractor
3. Bonds and Insurance. Procure and furnish all bonds proposes, and agrees, that Contractor shall be responsible and
and all insurance certificates and policies of liable for,and shall promptly and without charge to Village repair
insurance specified in this Contract; or replace, any damage done to, and any loss or injury suffered
4. Taxes. Pay all applicable federal, state, and local persons asia result of he Work. Work Site, or other property or
taxes;
1
D. Insnection/Testine/Reiection. Village shall have the following the Village's acceptance of this Contract provided
right to inspect all or any part of the Work and to reject all or any Contractor shall have furnished to the Village all bonds and all
part of the Work that is, in Village's judgment, defective or insurance certificates specified in this Contract("Commencement
damaged or that in any way fails to conform strictly to the Date").
requirements of this Contract and the Village,without limiting its
other rights or remedies,may require correction or replacement at 4. Financial Assurance
Contractor's cost, perform or have performed all Work necessary
to complete or correct all or any part of the Work that is A. Bonds. If the total contract cost is$20,000 or more,the
defective, damaged, or nonconforming and charge Contractor Contractor acknowledges and agrees that Contractor shall provide
with any excess cost incurred thereby,or cancel all or any part of a Performance Bond, on forms provided by, or otherwise
any order or this Contract. Work so rejected may be returned or acceptable to, the Village, from a surety company acceptable to
held at Contractor's expense and risk. the Village,each in the penal sum of the Contract Price,within 10
2. Contract Price days following the Village's acceptance of this Contract.
Contractor acknowledges and B. Insurance. Contractor acknowledges and agrees that
g agrees that Contractor shall Contractor shall provide certificates of insurance evidencing the
take in monthly payments for all Work and other matters set forth
under Section 1 above, including overhead and profit; taxes minimum insurance coverages and limits set forth in Exhibit B
within 10 days following the Village's acceptance of this
contributions, and premiums; and compensation to all
subcontractors and suppliers,the compensation set forth below. Contract. Such policies shall be in form, and from companies,
acceptable to the Village. The insurance coverages and limits set
A. SCHEDULE OF PRICES forth Exhibit B shall be deemed to be minimum coverages and
limits and shall not be construed in any way as a limitation on
For providing,performing,and completing all Work,the Contractor's duty to carry adequate insurance or on Contractor's
total Contract Pricer indicated in Exhibit al liability for losses or damages under this Contract. The minimum
insurance coverages and limits that shall be maintained at all
B. BASIS FOR DETERMINING PRICES times while providing,performing,or completing the Work are as
set forth in Exhibit B.
It is expressly understood and agreed that: C. Indemnification. Contractor acknowledges and agrees
l. All prices stated in the Schedule of Prices are firm that Contractor shall indemnify and save harmless the Village, its
and shall not be subject S escalation or change; officers,officials,employees and volunteers,against all damages,
liability, claims, losses, and expenses (including attorneys' fee)
2. The Village is not subject to state or local sales, that may arise, or be alleged to have arisen, out of or in
use, and excise taxes, that no such taxes are connection with Contractor's performance of, or failure to
included in the Schedule at Prices, and that all perform' the Fork or any part thereof, or any failure to meet the
claim or right to claim any additional compensation representations and warranties set forth in Section 6 of this
by reason of the payment of any such tax is hereby Contract.
waived and released;
D. Penalties. Contractor acknowledges and agrees that
3. All other applicable federal,state,and local taxes of Contractor shall be solely liable for any fines or civil penalties
every kind and nature applicable to the Work are that are imposed by any governmental or quasi-governmental
included in the Schedule of Prices. agency or body that may arise,or be alleged to have arisen,out of
or in connection with Contractor's performance of, or failure to
C. TIME OF PAYMENT perform,the Work or any part thereof.
It is expressly understood and agreed that all payments 5• Firm MR21g
shall be made upon completion of the work and final
approval by the Village. All prices and other terms stated in this Contract are firm and
shall not be subject to withdrawal,escalation,or change.
All payments may be subject to deduction or setoff by
reason of any failure of Contractor to perform under this 6. Contractor's Representations and Warranties
Contract. Each payment shall include Contractor's
certification of the value of, and partial or final waivers In order to induce the Village to accept this Contract,
of lien covering, all Work for which payment is then Contractor hereby represents and warrants as follows:
requested and Contractor's certification that all prior
payments have been properly applied to the payment or A. The Work. The Work, and all of its components, shall
reimbursement of the costs with respect to which they strictly conform to the requirements of this Contract, including,
were paid. without limitation, the
Subsection 1B of this Contract dcshal be fits sufficient, and
3. Contract Term suitable for the purposes expressed in, or reasonably inferred
The term of this Agreement shall be for three (3) years from,this Contract and the warranties expressed herein shall be in
beginning April 1, 2017. Contractor acknowledges and agrees addition to any other warranties expressed or implied by law,
that Contractor shall commence the Work within IS days which are hereby reserved unto the Village.
2
acceptance of this Contract; nor any information or data supplied
B. Compliance with Laws. The Work, and all of its by the Village,whether before or after the Village's acceptance of
components, shall be provided, performed, and completed in this Contract; nor any order by the Village for the payment of
compliance with, and Contractor agrees to be bound by, all money;nor any payment for,or use,possession,or acceptance of,
applicable federal, state, and local laws, orders, rules, and the whole or any part of the Work by the Village; nor any
regulations, as they may be modified or amended from time to extension of time granted by the Village; nor any delay by the
time, including without limitation, if applicable, the Prevailing Village in exercising any right under this Contract;nor any other
Wage Act, 820 ILCS 130/0.01 et seJc.; any other prevailing wage act or omission of the Village shall constitute or be deemed to be
laws; any statutes requiring preference to laborers of specified an acceptance of any defective, damaged, or nonconforming
classes; any statutes prohibiting discrimination because of, or Work, nor operate to waive or otherwise diminish the effect of
requiring affirmative action based on, race, creed, color, national any representation or warranty made by Contractor; or of any
origin, age, sex, or other prohibited classification; and any requirement or provision of this Contract; or of any remedy,
statutes regarding safety or the performance of the Work. power,or right of the Village.
Further, Contractor shall have a written sexual harassment policy
in compliance with Section 2-105 of the Illinois Human Rights G. Severability. It is hereby expressed to be the intent of
Act during the course of the work. The Village does not believe the parties to this Contract that should any provision, covenant,
that the requirements of the Prevailing Wage Act(820 ILCS 130), agreement, or portion of this Contract or its application to any
as amended, apply to the Contract. However, the Contractor is Person or property be held invalid by a court of competent
responsible for making its own assessment of the Prevailing jurisdiction, the remaining provisions of this Contract and the
Wage Act's requirements and if it applies to the Contract. validity,enforceability,and application to any Person or property
shall not be impaired thereby, but the remaining provisions shall
C. Not Barred. Contractor is not barred by law from be interpreted, applied, and enforced so as to achieve, as near as
contracting with the Village or with any other unit of state or may be, the purpose and intent of this Contract to the greatest
local government as a result of(i)a delinquency in the payment extent permitted by applicable law.
of any tax administered by the Illinois Department of Revenue
unless Contractor is contesting,in accordance with the procedures H. Amendments and Modifications. No amendment or
established by the appropriate Revenue Act, its liability for the modification to this Contract shall be effective until it is reduced
tax or the amount of tax, as set forth in 65 ILCS 5/11-42.1-1; or to writing and approved and executed by the corporate authorities
(ii)a violation of either Section 3313-3 or Section 33E-4 of Article of the parties in accordance with all applicable statutory
33 of the Criminal Code of 1961,720 ILCS 5/3313-1 et M. procedures.
D. Oualified. Contractor has the requisite experience, I. Assignment. Neither this Contract, nor any interest
ability, capital, facilities, plant, organization, and staff to enable herein, shall be assigned or subcontracted,in whole or in part,by
Contractor to perform the Work successfully and promptly and to Contractor except upon the prior written consent of the Village.
commence and complete the Work within the Contract Price and
Contract Time set forth above. J. G_ overn ingLaw: Venue. This Contract shall be
governed by, construed and enforced in accordance with the
7. Acknowled¢ements internal laws, but not the conflicts of laws rules, of the State of
Illinois. Venue for any action arising out of or due to this
In submitting this Contract, Contractor acknowledges and Contract shall be in the Circuit Court for DuPage County,Illinois.
agrees that:
K. Certified Payrolls. Contractor shall, in accordance with
A. Reliance. The Village is relying on all warranties, Section 5 of the Illinois Prevailing Wage Act, 820 ILCS 130/5,
representations, and statements made by Contractor in this submit to the Village,on a monthly basis,a certified payroll. The
Contract. certified payroll shall consist of a complete copy of those records
required to be made and kept by the Prevailing Wage Act. The
B. Acceptance. If this Contract is accepted, Contractor certified payroll shall be accompanied by a statement signed by
shall be bound by each and every term, condition, or provision the Contractor or subcontractor which certifies that: (1) such
contained in this Contract. records are true and accurate; (2)the hourly rate paid is not less,
if applicable, than the general prevailing rate of hourly wages
D. Remedies. Each of the rights and remedies reserved to required by the Prevailing Wage Act; and (3) Contractor or
the Village in this Contract shall be cumulative and additional to subcontractor is aware that filing a certified payroll that he or she
any other or further remedies provided in law or equity or in this knows to be false is a Class B misdemeanor. A general contractor
Contract. may rely upon the certification of a lower tier subcontractor,
provided that the general contractor does not knowingly rely upon
E. Time. Time is of the essence in the performance of all a subcontractor's false certification. Upon two business days'
terms and provisions of this Contract and, except where stated notice,Contractor and each subcontractor shall make available for
otherwise references in this Contract to days shall be construed to inspection the records required to be made and kept by the Act:
refer to calendar days and time. (i)to the Village,its officers and agents,and to the Director of the
Illinois Department of Labor and his or hers deputies and agents;
F. No Waiver. No examination, inspection, investigation, and(ii)at all reasonable hours at a location within this State.
test, measurement, review, determination,decision, certificate, or
approval by the Village, whether before or after the Village's L. Conflicts of Interest. Contractor represents and certifies
that, to the best of its knowledge, (1) no elected or appointed
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Village ofticial, employee or agent has a personal financial
interest in the business Ofille Contractor or in this p this Agnxtnerrt obtain or acquire any interest that wautd
J m t:
has personally received 00nflict in any manner or degree with the performance of else
paynM# or other consideration for this obligations under this Agrimment.
Agreerrum, (2) as of the dtfte of this Agreement, neither
Contractor Thor arty person employed of associated with
ContracWr has arhy interest that wtarld conflict iii any manner or M` !f any conflret exists between this Conaact and
wiM the y any exhibit attached hereto, the terms of this Comtttct shalt
degree Nance of the obligations under this prevail. Any conflict that exists between Exhibit A and Exhibit
Agreement;and(3)neMer Contutor not any person employed 8,the terms of Exhibit 8 shall prevail.
by or associated with Contractorr shall at any time during the term
IN WITNESS WHEREOF the patties hereto have VILLAGE OF OAK BROOK,an Illinois municipal
caused this Agreement to be exec ded, effective on corporation
2017.
ATTEST:ff
b�
8y: By: f
Charlotte 1'twss,Village Cietl: Riccardo.E.Ginex,Village Manager
ATTEST: T1l=RRA M1R4MMENTAL
Its:
A
4
EXHIBIT A
(PROPOSAL SUBMITTED)
5
01/27/2017 11:04AM 12193985080 TIERRA PAGE 03/87
RECEIVED 01/27/2017 10:34AM 12193985008 TIERRA
From:Vlb of Oatk Break Public Work& 630 3se sage 01/27/8017 10:e3' 0013 P.003/007
A.
1. ;•
be fimg"d-
OMMOWWWWOPOCOW,fiM time 10 time as mutaslly geed Von by the Village and
acntrackc,WCOM pemttittm&for apptoximawly 124 hours excluding aooergancy wodc.
Service block shall not be lase them five(S)conaecadive working days or ftly(40)
ooi*�Qllfve Woddog blofaa.lPaccept for POMNO emagency service,
2.
Equal e Vector Jet R,odder 1200 as meom6ctured by Pe dm*Mywo Co.in ogggifM
The equipment INM have a"IY WSW tMak ofqpoxkMdy 1600 gsllo=and a bolding
tank hopper sufficient lent to operate unlatem*ed foil ft 406M of dw fivA water supply,
Icy 16 cubic yada.of debrh.Equipment must have So c gmbility to dtsbn of my
or all cwM water f m debris that is picoed up.
Tbie Jetmrg hose sbaR be appnoocimsy 300'in kngth with prassaues developed by a pump
SAW at 2,000 psi at 6S Vm.
Sudan boat:tthall be caphle of reaching 20'deep to.ft battM Qf dw manhok or bamq
and of sufficiml ifiemew to remove firmed and woumulakd d*dL
B. Tams And QMditima:
I- Normal Workday is 7--00 A.M.-3:30 P.M.,Mon*-Friday Overtime is an as emergency
boas mutualky qMW to by the V91a1,pe and coMmilor be fim nay -overtime Wads be&L
2. All des related to labor,maim and operation of the machine and eqWpmeat rcbsii
be that of dw=*adwL
3. Ciao laborer will be fr ddwd by the Vidal
4. VrOin 14 days fallowing notice to proceed ghgm by the Village of talk Brook tba oonteacor
shall be on alto with adequate manpower and operative egrdpmed to Petro p such WO&
S. Roo shall be hoWy amid dAH be paid upon reo*of an invoice for each block of
titsro as dese d1W above.
01/27/2017 11:04AM 12193985000 TIERRA PAGE 04/07
RMENO 01/27/2017 10:94AM lA93M58M TIE'W
frOnKVN. of Oak Brook PubNo Works gao sag goes 01/27/2017 10:42 0019 P.004 1007
6. Paymapit for th ne"be paid bond on a*A how wood and s�t11 twt Mehl&ftvel
time ftm canftowes plane of hainese m dte Villapo POW Worb rile.
Ow au na1emergenc7 w*&)
7. if the OmncW cbooees to leave the qWpnmw in the Pahltc Waft Yard,dw contrmwn
OPONd wM be cava W mWa fbe cmftc n im =m policy.
$• Wdw WOOMY ID%W de the VscW,and a damp atte*4 be f j*hW by ft V1 IVL
C. GOIL
The Unda<midaed bweby dbm and mft that the pdoe quoted bean oomtftgje the
t.D W cm to the Vie for all work involved in the raVoctt m It*=dad the dMa coat also
all =oy tranSPORtMiCa 1 Ilm ►asc OUR bob and equlpmm
otierbead eapeome,aA pna6ts and mU odw wad;as vkm ad mdiuons
neceasnily iovolvod in the wmlt to be done mad mdwl*to be f attidW in womdmm
wfth regairammb of the CDAWA Dommmb cooddaW spwany mtid oollectiv#ly.
01/27/2017 11:84AM 12193985000 TIERRA PAGE 85107
DIVED 61/27/2817 10:34AM 12193985M TIERRA
Frora:Vil. of Oak Brs" Public Work& 990 2460 jI$;O 0112712OTF fp:43 0019 P.0061007
VILLAGE OF OAK BRooK
STORM SEWER CLEANING;AND MAINTENANCE
-2017
Coilt prr dour Coat 6 v>oe
"°"'E""i9eray eervbss: (s ht w�.) 00 crab(a Labors aoon mWv
PAO Cuibnp
TO"bion kupadon
EffW9WW8WVkft- (Ovw* s!holiday)
Root Cudkg
Tdminion irnpeciion =
l mkmm Moor dfarpas. (p any)
f1
Non-Emery
Tra W ChoV ; Of No
enwmmy
ALL PF4M 04AL.L RUMN IN EFFECT FOR THE CAL04M YEAR 2M 7
01/27/2017 11:04AM 12193985000 TIERRA PAGE 06/07
RECEIVED 81/27/2017 10,34AM 121939MOR TIERRA
From:Vll. of Oak Brook PubKc Works 690 966 5296 0112779017 10;44 0019 P.006 1007
STORM SEWER CLEAMM AND MAINTENANCE
2018
C N*par bur coot it%li ps
►- la► (strai2MM tbn�) Opllob a u borrar 8upptlu labormr
.ifty i clsanll>p
Root CUMV i
T410,1610n Inmpeation
15.0ga y Bwlaw (Owrprly/hdlday)
.ietllno!Cl�nklg t�� s_.��
Root coot
Midnxrn Hour Ctlaep w; (If arl»
Em.owm s_�. s
Non-Emsrpancy i- s
TnMN chn"; (if wo
ALL PRICES SMALL RI3IAIN IN EFFECT FOR THE CALENDIM YEAR 2018
01/27/2017 11:04AM 12193985000 TIERRA PAGE 07/07
RECEIVED 81/27/2817 la-. M 12193995988 TISPA
FrOmnVH. of Oak Stook Public Work* 030 300 6205 01/27/2017 10:44 6013 P.0071007
VN LAQE OF OAK BROOK
STORM SEWER CLEANING AND MAINTENANCE
2019
Cost per hour Cost rVtbe
�^-Emen6encr services; (draw t 6111) OpwvI0r a Ihbow 8ti o t wmw
Root Cumv i
TdevMM loon =
Enwgm V ServbW. (OVW*ne 1 ho0day)
Rood CL"
TaNvWM Mspectfon _ ILL
L*t mxn Hour Charges; M any)
0 WFWNNanoy ice_• i
Non-Erna gwW
7rarw Ghar�es; (it any)
Emwpney :„ ,�•_ i
Non-Ema vaX7
ALL PRICES SHALL REMAIN IN EFFECT FOR THE CALENI)ER YEAR 2010
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 l 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-
(])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,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
6
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.
7