R-1797 - 03/26/2019 - LANDSCAPE CONTRACT - Resolutions Exhibits REVXEW OF C014TRACTS
Awardinn gency: Type of Contract:
De P ramjAccountNumber:
Aja rded Contract Price: t U
Budgeted Amount:
Q Under$20,000 0 $500,001 - $11000,000
$20,000 -$500,000
M Over$1,000,000
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Date:
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Name:
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Three
ate:Three (3) Originals signed by other party Date/Initials r C�
Original provided to staff member for other party Date/Initials 1
Original provided to Official Files
• Date/Initials qkS
Village of Oak Brook I Approved by Board of Trustees• bate/initlais:
VILLAGE OF OAK BROOK
CONTRACT FOR THE
LANDSCAPE MAINTENANCE
Full Name of Contractor: Classic Landscape Ltd. ("Contractor")
Principal Office Address: 3N471 Powis Road, West Chicago, Illinois 60185
Contact Person: Tim Hund, President Telephone Number: (630) 513-1313
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
A. Contract and Work. Contractor acknowledges, of Contractor by this Contract; and
and agrees, that Contractor shall, at its sole cost and
expense, provide, perform, and complete, in the manner 6. Quality. Provide, perform, and complete all
specified and described, and upon the terms and of the foregoing in a proper and workmanlike
conditions set forth, in this Contract, all of the following, manner, consistent with the standards of
all of which is herein referred to as the"Work": recognized professional firms in performing
Work of a similar nature, in full compliance
1. Labor Equipment Materials, and Supplies. with, and as required by or pursuant, to this
Provide, perform, and complete, in the Contract, and with the greatest economy,
manner specified and described in this efficiency, and expedition consistent
Contract, all necessary work, labor, services, therewith, with only new, undamaged, and
transportation, equipment, materials, first quality equipment, materials, and
supplies, information, data, and other means supplies.
and items necessary for Landscape
Maintenance, as specified in the attached B. Performance Standards. Contractor
Exhibit A ("Work Site"); acknowledges and agrees that all Work shall be
fully provided, performed, and completed in
2. Permits. The Village will furnish all accordance with the attached Exhibit A. In the
permits, licenses, and other governmental event the quality of service becomes
approvals and authorizations necessary in unacceptable, the Village reserves the right to
connection therewith; cancel the contract after giving thirty (30) day
written notice.
3. Bonds and Insurance. Procure and furnish
all bonds and all insurance certificates and C. Responsibility for Damage or Loss. Contractor
policies of insurance specified in this proposes, and agrees, that Contractor shall be
Contract; responsible and liable for, and shall promptly and
without charge to Village repair or replace, any damage
4. Taxes. Pay all applicable federal, state, and done to, and any loss or injury suffered by, the Village,
local taxes; the Work, the Work Site, or other property or persons as
a result of the Work.
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D. Inspection/Testing/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
charge Contractor with any excess cost incurred thereby, The term of this Agreement shall be for four years beginning
or cancel all or any part of any order or this Contract. April 1, 2019 and ending November 30, 2022. Contractor
Work so rejected may be returned or held at Contractor's acknowledges and agrees that Contractor shall
expense and risk. commence the Work within 15 days following the
Village's acceptance of this Contract provided Contractor
2. Contract Price shall have furnished to the Village all bonds and all
insurance certificates specified in this Contract
Contractor acknowledges and agrees that Contractor ("Commencement Date").
shall take in monthly payments for all Work and other
matters set forth under Section 1 above, including 4. Financial Assurance
overhead and profit; taxes, contributions, and premiums;
and compensation to all subcontractors and suppliers, A. Bonds. If the total contract cost is $20,000 or
the compensation set forth below. more, the Contractor acknowledges and agrees that
Contractor shall provide a Performance Bond, on forms
A. SCHEDULE OF PRICES provided by, or otherwise acceptable to, the Village, from
a surety company acceptable to the Village, each in the
For providing, performing, and completing all penal sum of the Contract Price, within 10 days following
Work, the Contract Price of $130,855.00, per the Village's acceptance of this Contract.
year in 2019, 2020, 2021, and 2022, as indicated
in Exhibit A. B. Insurance. Contractor acknowledges and agrees
that Contractor shall provide certificates of insurance
B. BASIS FOR DETERMINING PRICES evidencing the minimum insurance coverages and limits
set forth in Exhibit B within 10 days following the
It is expressly understood and agreed that: Village's acceptance of this Contract. Such policies shall
be in form, and from companies, acceptable to the
1. All prices stated in the Schedule of Prices Village. The insurance coverages and limits set forth
are firm and shall not be subject to Exhibit B shall be deemed to be minimum coverages and
escalation or change; limits and shall not be construed in any way as a
limitation on Contractor's duty to carry adequate
2. The Village is not subject to state or local insurance or on Contractor's liability for losses or
sales, use, and excise taxes, that no such damages under this Contract. The minimum insurance
taxes are included in the Schedule of Prices, coverages and limits that shall be maintained at all
and that all claim or right to claim any times while providing, performing, or completing the
additional compensation by reason of the Work are as set forth in Exhibit B.
payment of any such tax is hereby waived
and released; C. Indemnification. Contractor acknowledges and
agrees that Contractor shall indemnify and save
3. All other applicable federal, state, and local harmless the Village, its officers, officials, employees and
taxes of every kind and nature applicable to volunteers, against all damages, liability, claims, losses,
the Work are included in the Schedule of and expenses (including attorneys' fee)that may arise,or
Prices. be alleged to have arisen, out of or in connection with
Contractor's performance of, or failure to perform, the
C. TIME OF PAYMENT Work or any part thereof, or any failure to meet the
representations and warranties set forth in Section 6 of
It is expressly understood and agreed that all this Contract.
payments shall be made upon completion of the
work and final approval by the Village. D. Penalties, Contractor acknowledges and agrees
that Contractor shall be solely liable for any fines or civil
All payments may be subject to deduction or penalties that are imposed by any governmental or
setoff by reason of any failure of Contractor to quasi-governmental agency or body that may arise, or be
perform under this Contract. Each payment alleged to have arisen, out of or in connection with
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Contractor's performance of, or failure to perform, the classes; any statutes prohibiting discrimination because
Work or any part thereof, of, or requiring affirmative action based on, race, creed,
color, national origin, age, sex, or other prohibited
E. Liquidated Damages. Contractor acknowledges classification; and any statutes regarding safety or the
and agrees that if the Village determines the Contractor performance of the Work. Further, Contractor shall
failed to perform either by observing the established have a written sexual harassment policy in compliance
schedule or failing to perform to the level of service with Section 2-105 of the Illinois Human Rights Act
established herein for more than two (2) consecutive during the course of the work.
working days, the Village shall reserve the right to impose
liquidated damages for said failure to perform, but not as C. Not Barred. Contractor is not barred by law
penalty. The Village will serve notice either personally or from contracting with the Village or with any other unit
in writing stating the reasons for imposing liquidated of state or local government as a result of (i) a
damages on the Contractor providing twenty-four(24)hour delinquency in the payment of any tax administered by
notice to correct such items. If at the end of the twenty- the Illinois Department of Revenue unless Contractor is
four (24) hour period the Contractor has not made the contesting, in accordance with the procedures
necessary corrections, the Contractor shall pay liquidated established by the appropriate Revenue Act, its liability
damages to the Village in the amount of$500.00 per day. for the tax or the amount of tax, as set forth in 65 ILCS
This failure to perform shall include repeated incidents of 5/11-42.1-1; or (ii) a violation of either Section 33E-3 or
any of the following: failure to perform any of the items Section 33E-4 of Article 33 of the Criminal Code of 1961,
under the scope of services, failure to respond to or resolve 720 ILCS 5/33E-1 et sm.
Village complaints, failure to adhere to any and all terms
and conditions specified in the contact documents. The D. Qualified. Contractor has the requisite
Village reserves the right to attempt to work through these experience, ability, capital, facilities, plant, organization,
items prior to imposing liquidated damages. and staff to enable Contractor to perform the Work
successfully and promptly and to commence and
5. Firm Proposal complete the Work within the Contract Price and
Contract Time set forth above.
All prices and other terms stated in this Contract are
firm and shall not be subject to withdrawal, escalation, 7. Acknowledgements
or change.
In submitting this Contract, Contractor
6. Contractor's Representations and Warranties acknowledges and agrees that:
In order to induce the Village to accept this Contract, A. Reliance. The Village is relying on all
Contractor hereby represents and warrants as follows: warranties, representations, and statements made by
Contractor in this Contract.
A. The Work. The Work, and all of its components,
shall strictly conform to the requirements of this B. Acceptance. If this Contract is accepted,
Contract, including, without limitation, the performance Contractor shall be bound by each and every term,
standards set forth in Subsection 1B of this Contract; condition, or provision contained in this Contract.
and shall be fit, sufficient, and suitable for the purposes
expressed in, or reasonably inferred from, this Contract C. Remedies. Each of the rights and remedies
and the warranties expressed herein shall be in addition reserved to the Village in this Contract shall be
to any other warranties expressed or implied by law, cumulative and additional to any other or further
which are hereby reserved unto the Village. remedies provided in law or equity or in this Contract.
B. Compliance with Laws. The Work, and all of its D. Time. Time is of the essence in the performance
components, shall be provided, performed, and completed of all terms and provisions of this Contract and, except
in compliance with, and Contractor agrees to be bound where stated otherwise references in this Contract to
by, all applicable federal, state, and local laws, orders, days shall be construed to refer to calendar days and
rules, and regulations, as they may be modified or time.
amended from time to time, including without limitation,
if applicable, the Prevailing Wage Act, 820 ILCS E. No Waiver. No examination, inspection,
130/0.01 et seg. (in furtherance of which, a copy of investigation, test, measurement, review, determination,
Village's ordinance ascertaining the prevailing rate of decision, certificate, or approval by the Village, whether
wages, in effect as of the date of this Contract, has been before or after the Village's acceptance of this Contract;
attached as an Appendix to this Contract; if the Illinois nor any information or data supplied by the Village,
Department of Labor revises the prevailing rate of whether before or after the Village's acceptance of this
hourly wages to be paid, the revised rate shall apply to Contract; nor any order by the Village for the payment of
this Contract); any other prevailing wage laws; any money; nor any payment for, or use, possession, or
statutes requiring preference to laborers of specified acceptance of, the whole or any part of the Work by the
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Village; nor any extension of time granted by the Village; is a Class B misdemeanor. A general contractor may
nor any delay by the Village in exercising any right rely upon the certification of a lower tier subcontractor,
under this Contract; nor any other act or omission of the provided that the general contractor does not knowingly
Village shall constitute or be deemed to be an acceptance rely upon a subcontractor's false certification. Upon two
of any defective, damaged, or nonconforming Work, nor business days' notice, Contractor and each subcontractor
operate to waive or otherwise diminish the effect of any shall make available for inspection the records required
representation or warranty made by Contractor; or of to be made and kept by the Act: (i) to the Village, its
any requirement or provision of this Contract; or of any officers and agents, and to the Director of the Illinois
remedy, power, or right of the Village. Department of Labor and his or hers deputies and
agents; and (ii) at all reasonable hours at a location
F. Severability. It is hereby expressed to be the within this State.
intent of the parties to this Contract that should any
provision, covenant, agreement, or portion of this K. Conflicts of Interest. Contractor represents and
Contract or its application to any Person or property be certifies that, to the best of its knowledge, (1) no elected
held invalid by a court of competent jurisdiction, the or appointed Village official, employee or agent has a
remaining provisions of this Contract and the validity, personal financial interest in the business of the
enforceability, and application to any Person or property Contractor or in this Agreement, or has personally
shall not be impaired thereby, but the remaining received payment or other consideration for this
provisions shall be interpreted, applied, and enforced so Agreement; (2) as of the date of this Agreement, neither
as to achieve, as near as may be, the purpose and intent Contractor nor any person employed or associated with
of this Contract to the greatest extent permitted by Contractor has any interest that would conflict in any
applicable law. manner or degree with the performance of the
obligations under this Agreement; and (3) neither
G. Amendments and Modifications. No amendment Contractor nor any person employed by or associated
or modification to this Contract shall be effective until it with Contractor shall at any time during the term of this
is reduced to writing and approved and executed by the Agreement obtain or acquire any interest that would
corporate authorities of the parties in accordance with all conflict in any manner or degree with the performance of
applicable statutory procedures. the obligations under this Agreement.
H. Assignment. Neither this Contract, nor any L. Exhibits. If any conflict exists between this
interest herein, shall be assigned or subcontracted, in Contract and any exhibit attached hereto, the terms of
whole or in part, by Contractor except upon the prior this Contract shall prevail. Any conflict that exists
written consent of the Village. between Exhibit A and Exhibit B, the terms of Exhibit B
shall prevail.
1. Governing Law: Venue. This Contract shall be
governed by, construed and enforced in accordance with M. No Disclosure of Confidential Information by the
the internal laws, but not the conflicts of laws rules, of Contractor. The Contractor acknowledges that it shall,
the State of Illinois. Venue for any action arising out of in performing the Services for the Village under this
or due to this Contract shall be in the Circuit Court for Contract, have access, or be directly or indirectly
DuPage County, Illinois. exposed, to Confidential Information. The Contractor
shall hold confidential all Confidential Information and
J. Certified Payrolls. Contractor shall, in shall not disclose or use such Confidential Information
accordance with Section 5 of the Illinois Prevailing Wage without the express prior written consent of the Village.
Act, 820 ILCS 130/5, submit to the Village, on a monthly The Contractor shall use reasonable measures at least as
basis, a certified payroll. The certified payroll shall strict as those the Contractor uses to protect its own
consist of a complete copy of those records required to be confidential information. Such measures shall include,
made and kept by the Prevailing Wage Act. The certified without limitation, requiring employees and
payroll shall be accompanied by a statement signed by subcontractors of the Contractor to execute a non-
the Contractor or subcontractor which certifies that: (1) disclosure agreement before obtaining access to
such records are true and accurate; (2) the hourly rate Confidential Information.
paid is not less, if applicable, than the general prevailing
rate of hourly wages required by the Prevailing Wage
Act; and (3) Contractor or subcontractor is aware that
filing a certified payroll that he or she knows to be false
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IN WITNESS WHEREOF the parties hereto VILLAGE OF OAK BROOK, an Illinois
have cause this `greeplent to be executed, municipal corporation
effective on 2019.
ATTEST:
By.. By:
Charlotte Pruss,Village Clerk Riccardo F.Ginex, Village Manag
ATTEST: CLASSIC LANDSCAPE LTD.
By:
By:
Its: Ci-� � 73�fin�1
5
EXHIBIT A
(ESTIMATES DATED MARCH 7, 2019)
6
m ,FClassicEstimate
Landscape . • Date
3N471 Powis Road - West Chicago,IL 60185 3/7/2019
dl 5 Phone#:630-513-1313 Fax#:630-513-9444 Proposal#
x www.classiciandscapeltd.com 26880
VILLAGE OF OAK BROOK
1200 OAK BROOK ROAD
OAK BROOK, IL 60523-2255
ATTN: PUBLIC WORKS
P.O.No. Project
VARIOUS SITES
Amount Size Description Unit Price Total
MONTHLY LAWN MAINTENANCE PRICE APRIL 1 -
NOVEMBER 30 2019, 2020, 2021 & 2022
1 AREA#1 VILLAGE COMMONS COMPLEX&FIRE 2,921,87 2,921.87
STATION 93
1 AREA#5 WELL HOUSES (3,5,6,7) &RESERVOIRS (A&B) 1,315.00 1,315.00
1 COMBINED AREAS: AREA 42 CUL-DE-SACS,MEDIAN 7,880.00 7,880.00
STRIPS &IMPROVED R.O.W., AREA#3 UNIMPROVED
R.O.W., AREA 44 COUNTY R.O.W., AREA#6
WESTCHESTER PARK,AREA#8 615 22ND STREET
1 2 ADDITIONAL ISLANDS: 22ND STREET AND JORIE 475.00 475.00
BLVD
We hereby propose to furnish labor materials in accordance with the above prices and specifications WITH FULL PAYMENT TO BE MADE AT COMPLETION OF
1
JOB.Interest charges of 1.5%per month from date of completion of the unpaid balance will be added after thirty days.Classic Landscape will furnish and install all Total $12,591.87
materials and labor in a workmanship like manner according to standard practices.Any alterations or deviation from above specifications involving extra costs,will be
executed only upon written orders,and will become an extra charge over and above the estimate.All agreements contingent upon strikes,weather,accidents or delays
beyond our control.Sod,Trees,Shrubs and Evergreens will be guaranteed for one growing season provided such materials are installed by Classic Landscape paid for by
said owner and or their agents and are given proper care and mairnenance by said owner.No guarantee on damages done by salt or other acts of negligence.
'ACCEPTANCE OF PROPOSAL.The above prices,specifications and conditions are satisfactory and are hereby accepted.You are authorized to do the work as specified.It is understood
and agreed that I(we)will pay Classic Landscape,in enforcing my of the provisions of this proposal and ineuurred in any action brought by Classic Landscape against me(us),and all such
costs,expenses and attorney's fees may be included in and form apart of any judgment entered in any proceeding brought on or under this proposal. No retention to be held on job without
written consent of Classic Landscape,LTD. *OFFER MAY BE VOIDED IF NOT SIGNED AND RETURNED WITHIN 30 DAYS.'
Customer's Signature ... Contractor's Signature _......_.....
ss'c Estimate
Landscape nate
3N471 Powis Road - West Chicago,IL 60185 3/7/2019
Phone#:630-513-1313 Fax#:630-513-9444 Proposal#
NI
www.classiciandscapeltd.com 26882
,Since
1964
VILLAGE OF OAK BROOK
1200 OAK BROOK ROAD
OAK BROOK, IL 60523-2255
ATTN: PUBLIC WORKS
P.O. No. Project
VARIOUS SITES
Amount Size Description Unit Price Total
1 PRICE FOR MOWING OF SALT CREEK BANKS TWICE 7,400.00 7,400.00
DURING SEASON /APRIL 1 -NOVEMBER 30, 2019
1 PRICE FOR MOWING OF SALT CREEK BANKS TWICE 7,400,00 7,400.00
DURING SEASON/APRIL 1 -NOVEMBER 30, 2020
1 PRICE FOR MOWING OF SALT CREEK BANKS TWICE 7,400.00 7,400.00
DURING SEASON/APRIL 1 -NOVEMBER 30 2021
1 PRICE FOR MOWING OF SALT CREEK BANKS TWICE 7,400.00 7,400.00
DURING SEASON/APRIL 1 -NOVEMBER 30 2022
We hereby propose to furnish labor materials in accordance with the above prices and specifications WITH FULL PAYMENT TO BE MADE AT COMPLETION OF
JOB.Interest charges of!5%per month from date of completion of the unpaid balance will be added after thirty days.Classic Landscape wdl furnish and install all '
materials and labor in a workmanship like manner according to standard practices.Any alterations or deviation from above specifications involving esus costs,will be Total $29,600.00
executed only upon written orders,and will become an extra charge over and above the estimate.All agreements contingent upon strikes,weather,accidents or delays
beyond our control.Sod,Trees,Shrubs and Evergreens will be guaranteed for one growing season provided such materials are installed by Classic Landscape paid for by
said owner and or their agents and are given proper care and maintenance by said owner.No guarantee on damages done by salt or other acts of negligence,
'ACCEPTANCE OF PROPOSAL.The above prices,specifications and conditions are satisfactory and are hereby accepted.You are authorized to do the work as specified.It is understood
and agreed that I(we)will pay Classic Landscape,in enforcing any of the provisions of this proposal and incuurred in any scion brought by Classic Landscape against me(us),and all such
costs,expenses and attorney's fees may be included in and form a pan of any judgment entered in any proceeding brought on or under this proposal. No retention to be held on job without
written consent of Classic Landscape,LTD. 'OFFER MAY BE VOIDED IF NOT SIGNED AND RETURNED WITHIN 30 DAYS..
Customer's Signature _,... Contractor's Signature ....... .......,_.
Classic• � u� , � . estimate
Landscape Ltd. Date
3N471 Powis Road - West Chicago,IL 60185 3/7/2019
Phone#:630-513-1313 Fax#:630-513-9444 Proposal#
www.classiclandscapeltd.com 26881
� Sin�•r
1964
VILLAGE OF OAK BROOK
1200 OAK BROOK ROAD
OAK BROOK,IL 60523-2255
ATTN: PUBLIC WORKS
P.O.No. Project
VARIOUS SITES
Amount Size Description Unit Price Total
MONTHLY LAWN MAINTENANCE PRICE APRIL 1 -
NOVEMBER 30 2019, 2020, 2021 &2022
1 THE LIBRARY 980.00 980.00
1 BATH AND TENNIS 1,620.00 1,620.00
1 GOLF AND GROUNDS DRIVE 240.00 240.00
lip
We hereby propose to fumish labor materials in accordance with the above prices and specifications WITH FULL PAYMENT TO BE MADE AT COMPLETION OF ./. Q@ pp
IOB.Interest charges of 1.5%per month from date of completion of the unpaid balance will be added alter thirty days.Classic Landscape will furnish and install all Total rD2�04 U.U �
materials and labor in a workmanmcti
ship like manner according to standard praces.Any alterations or deviation from above specifications involving extra costs,will be
executed only upon written orders,and will become an extra charge over and above the estimate.All agreements contingent upon strikes,weather,accidents or delays
beyond our control.Sod,Trees,Shrubs and Evergreens will be guaranteed for one growing season provided such materials are installed by Classic Landscape paid for by
said owner and or their agents and are given proper care and maintenance by said owner.No guarantee on damages done by salt or other acts of negligence.
"ACCEPTANCE OF PROPOSAL.The above prices,specifications and conditions ars satisfactory and are hereby accepted.You are authorized to do the work as specified.It is understood
and agreed that I(we)will pay Classic Landscape,in enforcing any of the provisions of this proposal and incuutred m any action brought by Classic Landscape against me(us),and all such
costs,expenses and attorney's fres may be included in and form a part ofany judgment entered in any proceeding brought on or under this proposal.No retention to be held on job without
written consent of Classic Landscape,LTD. *OFFER MAY BE VOIDED IF NOT SIGNED AND RETURNED WITHIN 30 DAYS.'
Customer's Signature Contractor's Signature _, .._.......
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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