(A) The contractor shall present to the village at the time of applying for a license a certificate of insurance as required herein and a license shall not be issued until said certification has been received by the village. It is the contractor’s responsibility to obtain such certificates as are required herein for all work performed by subcontractor of the contractor prior to the time that said subcontractors commence work. Such certificate must be accompanied by a statement that at least ten days prior to notice shall be furnished to the village if the policies of insurance referenced in the certificates are to be terminated or changed in any way while contractor’s license is in effect.
(B) Compensation insurance. The contractor and/or subcontractor shall maintain in full force and effect all necessary worker’s compensation insurance coverage for all of their employees employed within the village in compliance with state law.
(C) Contractor’s liability insurance.
(1) The contractor agrees to maintain comprehensive general and automobile liability insurance covering all operations directly or indirectly incident to any work covered by the license issued by the village whether such operations be by himself or herself or by any subcontractor or by anyone directly or indirectly employed by either of them. Such insurance coverage shall be maintained while the license is in effect, with such coverage as specified herein. Such comprehensive general and automobile liability insurance shall include coverage for:
(a) Claims arising after the contractor and subcontractors have completed their work (completed operations and products liability coverage);
(b) Claims for property damage and personal injury arising from excavation or tunneling operations;
(c) Claims for property damage and personal injury arising from operations directly or indirectly incident to moving, shoring underpinning, scaffolding, hoisting, razing, blasting, or demolition of any building or structure;
(d) Claims for property damage to any property below, on, or above the surface of the ground, and off-site property;
(e) Claims for property damage or personal injury arising from operations directly or indirectly incident to welding, cutting, sandblasting, grinding, use of other abrasive, materials, or painting, however caused;
(f) Claims for property damage or personal injury arising from operations directly or indirectly incident to blasting or explosions, however caused;
(g) If watercraft and/or aircraft are used claims arising from their use or operation, however caused; and
(h) Claims arising from the liability assumed by the contractor under this contract including third party beneficiary liability coverage.
(2) The limits of liability of the insurance required herein shall not be less than $300,000 inclusive for each person, each occurrence for bodily injury and each occurrence for property damage. In addition, the contractor agrees to obtain a bond in the amount of $5,000 as a condition precedent to the granting of a contractor’s license, for the purpose of providing payment to the village for any loss or damage incurred by the village occasioned by the contractor’s failure to fulfill the duties and obligations imposed upon him or her by the village’s rules and regulations.
(D) Owner’s protective liability insurance. The contractor agrees to provide an owner’s protective liability insurance policy naming the village as insured, and covering the conditions outlined in division (B) above, and with the same limits of liability described therein. In lieu of this requirement, the contractor shall name the owner and the village as insured in his or her comprehensive, general, and automotive liability policy, or umbrella excess liability insurance with the same limits of liability described in division (B) above.
(E) All risk builder’s insurance. Further, the contractor shall procure and maintain during the term of his or her license all risk builder’s insurance (fire and extended coverage) on a 100% completed value basis on the insurable portion of the project. The village, shall be the named insured thereof.
(F) Accident prevention.
(1) Further, as consideration for obtaining a license, the contractor warrants and agrees that he or she shall be responsible for initiating, maintaining, and supervising all safety precautions and programs in connection with the project. The contractor shall take all necessary precaution to prevent damage, injury, or loss to:
(a) All employees on the work covered by the license and all other persons who may be affected thereby;
(b) All the work and all materials and equipment to be incorporated therein, whether in storage on or off the site;
(c) Other property at the site or adjacent thereto, including trees, shrubs, lawns, walks, pavements, roadways, structures, and utilities not designated for removal, relocation, or replacement in the course of construction; and
(d) Special care shall be taken during the entire duration of the work to prevent unauthorized persons from falling into, climbing upon, or entering any of the excavations, equipment, or work areas.
(2) The contractor shall comply with all applicable laws, ordinances, rules, regulations, and orders of any public authority having jurisdiction for the safety of persons or property or to protect them from damage, injury, or loss.
(G) Indemnity provision.
(1) Further, the contractor warrants and agrees that he or she shall indemnify and hold harmless the village and its agents and employees from and against all claims, damages, losses, costs, and expenses, including attorney fees arising out of or resulting from the performance of any work performed by contractor, subcontractor, or any agent, assign, or employee of the contractor or subcontractor, provided that any such claim, damage, loss, or expense:
(a) Is attributable to bodily injury, sickness, disease, or death or to injury to or destruction of tangible property (other than the work itself) including the loss of use resulting therefrom; and/or
(b) Is caused in whole or in part by the negligent acts, errors, or omissions of the contractor, subcontractor, its agents, assigns, or employees, or anyone directly or indirectly employed by either contractor or subcontractor, regardless of whether or not the loss is caused by the village.
(2) Further, the contractor warrants and agrees that he or she is skilled and experienced in the use and interpretation of the village rules, regulations and requirements. He or she has carefully reviewed the village rules, regulations, and requirements for the work covered by the license issued by the village and has found them to be free of ambiguities and sufficient for the purpose of completing the work. Further he or she has carefully examined the work site, and from his or her own observations, has satisfied himself or herself as to the nature and location of the work, the character, quality, and quantity of the materials; the difficulties likely to be encountered; and any other items that may affect the execution of the work. He or she has based his undertaking of work solely on the village requirements and these observations and has not solely relied in any way other explanation or interpretation, oral or written, from any other source. Further, the contractor agrees to complete the work in accordance with the village requirements in a good and workmanlike manner.
(Ord. 287, passed 3-12-2024)