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R-12-05 04 To Adopt Risk Management And Safety ManualRESOLUTION A RESOLUTION TO ADOPT RISK MANAGEMENT AND SAFETY MANUAL NOW, THEREFORE BE IT RESOLVED by the President and Board of Trustees of the Village of Lemont that: SECTION 1: That the Village adopts the Risk Management and Safety Manual dated January 2005, as a supplement to the Village Personnel Manual, replacing the current Safety Manual and adopts the Hold Harmless Agreement. Further, the Village Administrator is authorized to make changes to said documents upon advice of either IRMA, the Village's Executive Safety Commitment, or the Village Attorney. SECTION 2: Effective Date: This Resolution shall be in full force and effect from and after its passage, approval and publication in the manner provided by law. The Village Clerk of the Village of Lemont shall certify to the adoption of this Ordinance and cause the same to be published in pamphlet form. PASSED AND APPROVED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF LEMONT, COOK, WILL AND DU PAGE COUNTIES ILLINOIS on this Day of dlic , 2005. AYES NAYS PASSED ABSENT Debby Blatzer Peter Coules Brian Reaves Steven Rosendahl Ronald Stapleton Jeanette Virgilio Attest: C);)/1"'674--e- �1RLENE SMOLLEN, Village Clerk PIAZZA ilia ' ' resident HOLD HARMLESS AGREEMENT VILLAGE of LEMONT In consideration of the undersigned being hired to complete the project, the undersigned hereby recognizes, acknowledges and assumes any and all risk pertaining to the completion of the project. To the fullest extent permitted by law, the undersigned hereby agrees to defend, indemnify and hold harmless the Village of Lemont, its officials, agents and employees, against all injuries, deaths, loss, damages, claims, suits, liabilities, judgments, cost and expenses (including attorneys fees), which may in anywise accrue against the Village of Lemont, its officials, agents and employees, arising in whole or in part or in consequence of the performance of this work by the undersigned, its employees, agents or subcontractors, or which may in anywise result therefore, except that arising out of the sole legal cause of the Village of Lemont, its agents or employees. The Contractor shall, at its own expense, appear, defend and pay all charges of attorneys and all costs and other expenses arising therefore or incurred in connections therewith, and, if any judgment shall be rendered against the Village of Lemont, its officials, agents and employees, in any such action, the Contractor shall, at its own expense, satisfy and discharge the same. The undersigned shall provide the Village of Lemont a certificate of insurance reflecting coverage for general liability, auto liability and worker's compensation coverage in satisfactory amounts per stated in the enclosure. The Village of Lemont, its officials, agents, employees and volunteers are to be covered as additional insureds as respects: liability arising out of the work performed, including activities performed by or on behalf of the undersigned; products and completed operations of the undersigned; premises owned, leased or used by the undersigned; or automobiles owned, leased, hired or borrowed by the undersigned. Agreed this day of , 2004 (Name of Vendor) By: Its: Enclosure: Village of Lemont Insurance Requirements Village of Lemont INSURANCE REQUIREMENTS Contractor shall procure and maintain, for the duration of the contract, insurance against claims for injuries to persons or damages to property, which may arise from or in connection with the performance of the work hereunder by the Contractor, his agents, representatives, employees or subcontractors. I. MINIMUM SCOPE OF INSURANCE Coverage shall be at least as broad as: A. Insurance Services Office Commercial General Liability occurrence form CG 0001 with the member named as additional insured, on a form at least as broad as the attached sample endorsement including ISO Additional Insured Endorsement CG 2026, CG 2010; and B. Owners and Contractors Protective Liability (OCP) policy with the member as insured; and C. Insurance Service Office Business Auto Liability coverage form number CA 0001 (Ed. 10/90 or newer), Symbol 01 "Any Auto." D. Workers' Compensation as required by the Labor Code of the State of Illinois and Employers' Liability insurance. E. Builder Risk Property Coverage, with member as loss payee. II. MINIMUM LIMITS OF INSURANCE Contractor shall maintain limits no Tess than: A. Commercial General Liability: $1,000,000 combined single limit per occurrence for bodily injury, personal injury and property damage. The general aggregate shall be twice the required occurrence limit. Minimum General Aggregate shall be no less than $2,000,000 or a project/contract specific aggregate of $1,000,000. B. Owners and Contractors Protective Liability (OCP) $1,000,000 combined single limit. C. Business Automobile Liability: $1,000,000 combined single limit per accident for bodily injury and property damage. D. Workers' Compensation and Employers' Liability: Workers' Compensation coverage with statutory limits and Employers' Liability limits of $1,000,000 per accident. E. Builder's Risk: Shall insure against "All Risk" of physical damage, including water damage (flood and hydrostatic pressure not excluded), on a completed value, replacement cost basis. III. DEDUCTIBLES AND SELF - INSURED RETENTIONS Any deductibles or self- insured retentions must be declared to and approved by the member. At the option of the member, either: the insurer shall reduce or eliminate such deductibles or self- insured retentions as respects the member, its officials, agents, employees and volunteers; or the Contractor shall procure a bond guaranteeing payment of losses and related investigation, claim administration and defense expenses. IV. OTHER INSURANCE PROVISIONS The policies are to contain, or be endorsed to contain, the following provisions: A. General Liability and Automobile Liability Coverages 1. The member, its officials, agents, employees and volunteers are to be covered as additional insureds as respects: liability arising out of the Contractor's work, including activities performed by or on behalf of the Contractor; products and completed operations of the Contractor; premises owned, leased or used by the Contractor; or automobiles owned, leased, hired or borrowed by the Contractor. The coverage shall contain no special limitations on the scope of protection afforded to the member, its officials, agents, employees and volunteers. 2. The Contractor's insurance coverage shall be primary as respects the member, its officials, agents, employees and volunteers. Any insurance or self - insurance maintained by the member, its officials, agents, employees and volunteers shall be excess of Contractor'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 member, its officials, agents, employees and volunteers. 4. The Contractor's insurance shall contain a Severability of Interests /Cross Liability clause or language stating that Contractor's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. 5. If any commercial general liability insurance is being provided under an excess or umbrella liability policy that does not "follow form," then the Contractor shall be required to name the member, its officials, agents, employees and volunteers as additional insureds. A copy of the actual additional insured endorsement shall be provided to the member. B. Workers' Compensation and Employers' Liability Coverage * The insurer shall agree to waive all rights of subrogation against the member, its officials, agents, employees and volunteers for losses arising from work performed by Contractor for the municipality (negotiable -- may not be needed on smaller contracts with limited exposure). C. Professional Liability 1. Professional liability insurance with limits not less than $1,000,00 each claim with respect to negligent acts, errors and omissions in connection with professional services to be provided under the contract, with a deductible not -to- exceed $50,000 without prior written approval. 2. If the policy is written on a claims -made form, the retroactive date must be equal to or preceding the effective date of the contract. In the event the policy is cancelled, non - renewed or switched to an occurrence form, the Contractor shall be required to purchase supplemental extending reporting period coverage for a period of not Tess than three (3) years. 3. Additional Required Coverage (architect, engineer, surveyor, consultant): Professional liability insurance that provides indemnification and defense for injury or damage arising out of acts, errors, or omissions in providing the following professional services, but not limited to the following: a. Preparing, approving or failure to prepare or approve maps, drawings, opinions, report, surveys, change orders, designs or specifications; b. Providing direction, instruction, supervision, inspection, engineering services or failing to provide them, if that is the primary cause of injury or damage. D. All Coverages Each insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended, voided, cancelled, reduced in coverage or in limits except after thirty (30) days prior written notice by certified mail, return receipt requested, has been given to the member. V. ACCEPTABILITY OF INSURERS Insurance is to be placed with insurers with a Best's rating of no less than A -, VII and licensed to do business in the State of Illinois. VI. VERIFICATION OF COVERAGE Contractor shall furnish the member with certificates of insurance naming the member, its officials, agents, employees and volunteers as additional insureds, and with original endorsements affecting coverage required by this clause. 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 may be on forms provided by the member and are to be received and approved by the member before any work commences. The attached Additional Insured Endorsement (Exhibit A) shall be provided to the insurer for their use in providing coverage to the additional insured. Other additional insured endorsements may be utilized, if they provide a scope of coverage at least as broad as the coverage stated on the attached endorsement (Exhibit A), such as ISO Additional Insured Endorsements CG 2026 or CG 2010. The member reserves the right to request full certified copies of the insurance policies and endorsements. VII. SUBCONTRACTORS Contractor 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. VIII. ASSUMPTION OF LIABILITY The contractor assumes liability for all injury to or death of any person or persons including employees of the contractor, any sub - contractor, any supplier or any other person and assumes liability for all damage to property sustained by any person or persons occasioned by or in any way arising out of any work performed pursuant to this agreement. IX. INDEMNITY /HOLD HARMLESS PROVISION To the fullest extent permitted by law, the Contractor hereby agrees to defend, indemnify and hold harmless the member, its officials, agents and employees, against all injuries, deaths, loss, damages, claims, patent claims, suits, liabilities, judgments, cost and expenses, which may in anywise accrue against the member, its officials, agents and employees, arising in whole or in part or in consequence of the performance of this work by the Contractor, its employees, or subcontractors, or which may in anywise result therefore, except that arising out of the sole legal cause of the member, its agents or employees, the Contractor shall, at its own expense, appear, defend and pay all charges of attorneys and all costs and other expenses arising therefore or incurred in connections therewith, and, if any judgment shall be rendered against the member, its officials, agents and employees, in any such action, the Contractor shall, at its own expense, satisfy and discharge the same. Contractor expressly understands and agrees that any performance bond or insurance policies required by this contract, or otherwise provided by the Contractor, shall in no way limit the responsibility to indemnify, keep and save harmless and defend the member, its officials, agents and employees as herein provided. The Contractor further agrees that to the extent that money is due the Contractor by virtue of this contract as shall be considered necessary in the judgment of the member, may be retained by the member to protect itself against said loss until such claims, suits, or judgments shall have been settled or discharged and /or evidence to that effect shall have been fumished to the satisfaction of the member. RESOLUTION 6- '05 A RESOLUTION TO ADOPT RISK MANAGEMENT AND SAFETY MANUAL NOW, THEREFORE BE IT RESOLVED by the President and Board of Trustees of the Village of Lemont that: SECTION 1: That the Village adopts the Risk Management and Safety Manual dated January 2005, as a supplement to the Village Personnel Manual, replacing the current Safety Manual and adopts the Hold Harmless Agreement. Further, the Village Administrator is authorized to make changes to said documents upon advice of either IRMA, the Village's Executive Safety Commitment, or the Village Attorney. SECTION 2: Effective Date: This Resolution shall be in full force and effect from and after its passage, approval and publication in the manner provided by law. The Village Clerk of the Village of Lemont shall certify to the adoption of this Ordinance and cause the same to be published in pamphlet form. PASSED AND APPROVED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF LEMONT, COOK, WILL AND DU PAGE COUNTIES ILLINOIS on this )J Day of G , 2005. AYES NAYS PASSED ABSENT Debby Blatzer Peter Coules Brian Reaves Steven Rosendahl Ronald Stapleton Jeanette Virgilio Attest: . PIAZZ , Vill ARLENE SMOLLEN, Village Clerk President Village of Lemont INSURANCE REQUIREMENTS Contractor shall procure and maintain, for the duration of the contract, insurance against claims for injuries to persons or damages to property, which may arise from or in connection with the performance of the work hereunder by the Contractor, his agents, representatives, employees or subcontractors. I. MINIMUM SCOPE OF INSURANCE Coverage shall be at least as broad as: A. Insurance Services Office Commercial General Liability occurrence form CG 0001 with the member named as additional insured, on a form at least as broad as the attached sample endorsement including ISO Additional Insured Endorsement CG 2026, CG 2010; and B. Owners and Contractors Protective Liability (OCP) policy with the member as insured; and C. Insurance Service Office Business Auto Liability coverage form number CA 0001 (Ed. 10/90 or newer), Symbol 01 "Any Auto." D. Workers' Compensation as required by the Labor Code of the State of Illinois and Employers' Liability insurance. E. Builder Risk Property Coverage, with member as loss payee. II. MINIMUM LIMITS OF INSURANCE Contractor shall maintain limits no less than: A. Commercial General Liability: $1,000,000 combined single limit per occurrence for bodily injury, personal injury and property damage. The general aggregate shall be twice the required occurrence limit. Minimum General Aggregate shall be no less than $2,000,000 or a project contract specific aggregate of $1,000,000. B. Owners and Contractors Protective Liability (OCP) $1,000,000 combined single limit. C. Business Automobile Liability: $1,000,000 combined single limit per accident for bodily injury and property damage. D. Workers' Compensation and Employers' Liability: Workers' Compensation coverage with statutory limits and Employers' Liability limits of $1,000,000 per accident. E. Builder's Risk: Shall insure against "All Risk" of physical damage, including water damage (flood and hydrostatic pressure not excluded), on a completed value, replacement cost basis. III. DEDUCTIBLES AND SELF - INSURED RETENTIONS Any deductibles or self- insured retentions must be declared to and approved by the member. At the option of the member, either: the insurer shall reduce or eliminate such deductibles or self- insured retentions as respects the member, its officials, agents, employees and volunteers; or the Contractor shall procure a bond guaranteeing payment of losses and related investigation, claim administration and defense expenses. IV. OTHER INSURANCE PROVISIONS The policies are to contain, or be endorsed to contain, the following provisions: A. General Liability and Automobile Liability Coverages 1. The member, its officials, agents, employees and volunteers are to be covered as additional insureds as respects: liability arising out of the Contractor's work, including activities performed by or on behalf of the Contractor; products and completed operations of the Contractor; premises owned, leased or used by the Contractor; or automobiles owned, leased, hired or borrowed by the Contractor. The coverage shall contain no special limitations on the scope of protection afforded to the member, its officials, agents, employees and volunteers. 2. The Contractor's insurance coverage shall be primary as respects the member, its officials, agents, employees and volunteers. Any insurance or self- insurance maintained by the member, its officials, agents, employees and volunteers shall be excess of Contractor'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 member, its officials, agents, employees and volunteers. 4. The Contractor's insurance shall contain a Severability of Interests /Cross Liability clause or language stating that Contractor's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. 5. If any commercial general liability insurance is being provided under an excess or umbrella liability policy that does not "follow form," then the Contractor shall be required to name the member, its officials, agents, employees and volunteers as additional insureds. A copy of the actual additional insured endorsement shall be provided to the member. B. Workers' Compensation and Employers' Liability Coverage * The insurer shall agree to waive all rights of subrogation against the member, its officials, agents, employees and volunteers for losses arising from work performed by Contractor for the municipality (negotiable -- may not be needed on smaller contracts with limited exposure). C. Professional Liability 1. Professional liability insurance with limits not less than $1,000,00 each claim with respect to negligent acts, errors and omissions in connection with professional services to be provided under the contract, with a deductible not -to- exceed $50,000 without prior written approval. 2. If the policy is written on a claims -made form, the retroactive date must be equal to or preceding the effective date of the contract. In the event the policy is cancelled, non - renewed or switched to an occurrence form, the Contractor shall be required to purchase supplemental extending reporting period coverage for a period of not less than three (3) years. 3. Additional Required Coverage (architect, engineer, surveyor, consultant): Professional liability insurance that provides indemnification and defense for injury or damage arising out of acts, errors, or omissions in providing the following professional services, but not limited to the following: a. Preparing, approving or failure to prepare or approve maps, drawings, opinions, report, surveys, change orders, designs or specifications; b. Providing direction, instruction, supervision, inspection, engineering services or failing to provide them, if that is the primary cause of injury or damage. D. All Coverages Each insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended, voided, cancelled, reduced in coverage or in limits except after thirty (30) days prior written notice by certified mail, return receipt requested, has been given to the member. V. ACCEPTABILITY OF INSURERS Insurance is to be placed with insurers with a Best's rating of no less than A -, VII and licensed to do business in the State of Illinois. VI. VERIFICATION OF COVERAGE Contractor shall furnish the member with certificates of insurance naming the member, its officials, agents, employees and volunteers as additional insureds, and with original endorsements affecting coverage required by this clause. 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 may be on forms provided by the member and are to be received and approved by the member before any work commences. The attached Additional Insured Endorsement (Exhibit A) shall be provided to the insurer for their use in providing coverage to the additional insured. Other additional insured endorsements may be utilized, if they provide a scope of coverage at least as broad as the coverage stated on the attached endorsement (Exhibit A), such as ISO Additional Insured Endorsements CG 2026 or CG 2010. The member reserves the right to request full certified copies of the insurance policies and endorsements. VII. SUBCONTRACTORS Contractor 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. VIII. ASSUMPTION OF LIABILITY The contractor assumes liability for all injury to or death of any person or persons including employees of the contractor, any sub - contractor, any supplier or any other person and assumes liability for all damage to property sustained by any person or persons occasioned by or in any way arising out of any work performed pursuant to this agreement. IX. INDEMNITY /HOLD HARMLESS PROVISION To the fullest extent permitted by law, the Contractor hereby agrees to defend, indemnify and hold harmless the member, its officials, agents and employees, against all injuries, deaths, loss, damages, claims, patent claims, suits, liabilities, judgments, cost and expenses, which may in anywise accrue against the member, its officials, agents and employees, arising in whole or in part or in consequence of the performance of this work by the Contractor, its employees, or subcontractors, or which may in anywise result therefore, except that arising out of the sole legal cause of the member, its agents or employees, the Contractor shall, at its own expense, appear, defend and pay all charges of attorneys and all costs and other expenses arising therefore or incurred in connections therewith, and, if any judgment shall be rendered against the member, its officials, agents and employees, in any such action, the Contractor shall, at its own expense, satisfy and discharge the same. Contractor expressly understands and agrees that any performance bond or insurance policies required by this contract, or otherwise provided by the Contractor, shall in no way limit the responsibility to indemnify, keep and save harmless and defend the member, its officials, agents and employees as herein provided. The Contractor further agrees that to the extent that money is due the Contractor by virtue of this contract as shall be considered necessary in the judgment of the member, may be retained by the member to protect itself against said loss until such claims, suits, or judgments shall have been settled or discharged and /or evidence to that effect shall have been furnished to the satisfaction of the member. PLAT OF EASEMENT TO THE VILLAGE OF LEMONT FOR A PERMANENT SANITARY SEWER & WATER MAIN EASEMENT OVER, UNDER, THROUGH, AND ACROSS THE FOLLOWING DESCRIBED PROPERTY: THE SOUTH 20 FEET OF THE NORTH 50 FEET OF THE FOLLOWING DESCRIBED PARCEL: THE NORTH 207.25 FEET OF THE WEST 250 FEET OF THE EAST 22.98 ACRES OF THE SOUTHWEST 1/4 OF SECTION 35, ALL IN TOWNSHIP 37 NORTH, RANGE 11, EAST OF THE THIRD PRINCIPAL MERIDIAN, IN COOK COUNTY, ILLINOIS. P.I.N. 22 -35 -301 -004 SIECORDIf b .:. % ./9.a°`_ GATE LPiEs 1)K BY 33' - -131st —001 0 379.5' 255' 33' 33' 0 I0 NORTH LINE OF THE EAST 1/2 OF THE SOUTHWEST 1/4 OF SECTION 35 -37 -11 —005 255' 1•_1O0' ST-REE -T--- 120' /a 's \<</ PT-L001 O' *>--/-002 EAST LINE Of THE OF SECTION 35 -37 -11 120' —003 AST 1/4 —008 Si # 04 —002 hTY - 31 -i..6 loolloppon Doc #: 0603245022 Fee: $114.0C Eugene "Gene" Moore Cook County Recorder of Deeds Date: 02/01/2006 12:48 PM Pg: 0 SANITARY SEWER d WATER MAIN EASEMENT PROVISIONS A NON— EXCLUSIVE, PERPETUAL EASEMENT IS RESERVED AND GRANTED FOR THE VILLAGE OF LEMONT OVER AU. AREAS MARKED "SANITARY SEWER AND WATER MAIN EASEMENT" ON THE PLAT FOR THE PERPETUAL RIGHT, PRIVILEGE AND AUTHORITY TO CONSTRUCT, RECONSTRUCT, REPAIR, INSPECT, MAINTAIN, AND OPERATE A SANITARY SEWER & WATER MAIN SYSTEM TOGETHER WITH ANY AND ALL NECESSARY MANHOLES, HYDRANTS, VALVES AND OTHER STRUCTURES AND APPURTENANCES AS MAY BE DEEMED NECESSARY BY SAID VILLAGE, OVER, UPON, ALONG, UNDER AND THROUGH SAID INDICATED EASEMENT, TOGETHER WITH RIGHT OF ACCESS ACROSS THE PROPERTY FOR NECESSARY PERSONNEL AND EQUIPMENT TO DO ANY OF THE ABOVE WORK. NO PERMANENT BUILDINGS OR STRUCTURES SHALL BE PLACED ON SAID EASEMENT. STATE OF IWNOIS ) COUNTY OF COOK ) S.S THIS IISSTOCERTIFY THAT S D. TAYLOR vF 4 414 ED ARE DESCRIBD{ D OHERREEON AND REDOES HEREBY CONSENT TO THE EASEMENT GRANTED BY THIS DOCUMENT. DATED THIS DAY OF D *./ A.D., 2005. BY LEMONT. L 60435 ADDRESS PT +005 MAIL TO AND TAX BILL TO: VILLAGE or LEMONT 418 MAIN STREET LEMONT, ILLINOIS 60439 STATE OF IWNOIS) S.S COUNTY OF DUPAGE ) I, JAMES L. CAINKAR, AN ILLINOIS PROFESSIONAL LAND SURVEYOR, DO HEREBY CERTIFY THAT THE PLAT AS HEREON DRAINS A CORRECT REPRESENTATION OF THE TY DESCRIBED IN THE FOREGOING CAPTION DATED AT WILLOWBROOK, A.D., 2005. DAY OF 0402 JAMES L. CAIK NOIS PROFESSK]rNAI LAND o. 2656 S 11 -30-06 STATE OF IWNOIS ) COUNTY OF COOK ) S.S kP ; o-z , ' atc A NOTARY PUBLIC IN AND FOR SAID IN TH STATE. AFRE SAID, DO HEREBY CERTIFY THAT j&FERSONALLY KNOWN TO ME TO BE TH NAME IS SUBSCRIBED TO THE FOREGOING INSTRUMENT - - ARED BEFORE ME THIS DAY, IN PERSON, AND ACKNOWLEDGED THAT HE SIGNED AND DELIVERED SAID INSTRUMENT AS HIS OWN FREE AND VOLUNTARY ACT FOR THE USES AND PURPOSES SET FOURTH. GIVEN UNDER MY HAND AND SEAL THIS � - , A.D., 2005. DAY OF c v:Y cj 'OFFICIAL SEAL ROSEMAY YATES NOTARY PUBUC, STATE OF IWNOIS MY COMIMOSIONA EXPIRES 8.13.2001 NOTARY PUBLIC MY COMMISSION EX DATE: 10 -19 -05 SURVEYOR JAMES L. CAINKAR, P.E. IL. P.L.S. NO. 245f EXPIRES 11 -3S-I15 PROJECT No. 05228 14128