VILLAGE OF LOMBARD
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CONTRACT DOCUMENT NUMBER
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This agreement is made this 22 day of May, 1998, by and between, and shall be binding upon, the Village of Lombard, an Illinois municipal Corporation hereinafter referred to as (the "Village") and W-T Engineering, Inc., of Schaumburg, Illinois, hereinafter to as (the "Contractor". The Contractor for this contract shall mean design professional).
Witnesseth that in consideration of the mutual promises of the parties delineated in the Proposals, the Contractor agrees to perform the services and the Village agrees to pay for the following services as set forth in the Contract Documents:
1. This Contract shall embrace and include all of the applicable Contract Documents listed below as if attached hereto or repeated herein:
a. The Contractor's Bid Proposal Dated 3/23/98
b. Certificate of Insurance
2. The Village agrees to pay, and the Contractor agrees to accept as full payment for the services which are the subject matter of this Contract a total sum (not to exceed)of $42,500.00 paid in accordance with the provisions of the Local Government Prompt Payment Act and the provisions of the Contract Documents.
3. Contractor shall not delegate the duties involved in the performance of the services which are the subject matter of this Contract without the written approval of the Village.
4. This Contract represents the entire agreement between the parties and may not be modified without the written approval of both parties.
5. Where the terms of this Contract conflict with the provisions of the Contract Documents, the Contract Documents shall be binding.
INSURANCE
(A) During the term of the contract, the contractor shall provide the following types of insurance in not less than the specified amounts:
1. Comprehensive General Liability - $1,000,000.00 per occurrence;
2. Auto Liability - Combined Single Limit Amount of $1,000,000.00 on any contractor owned, and/or hired, and/or non-owned motor vehicles engaged in operations within the scope of this contract;
3. Professional Liability - $1,000,000.00 (Required only where contracts are for professional services);
4. Workers Compensation - Statutory; Employers Liability $1,000,000.00 (the policy shall include a 'waiver of subrogation'); and
5. Umbrella Coverage - $1,000,000.00
(B) The aforementioned insurance requirements shall be fulfilled by the contractor by maintaining insurance policies which name the Village, its officers, agents, employees, representatives and assigns as additional insureds (except as to the professional liability policy). The contractor shall furnish to the Village satisfactory proof of coverage by a reliable company or companies, before commencing any work. Such proof shall consist of certificates executed by the respective insurance companies and filed with the Village together with executed copies of an "Additional Insured Endorsement" as attached hereto as Exhibit "E" and made a part hereof. Said certificates shall contain a clause to the effect that, for the duration of the contract, the insurance policy shall be canceled, expired or changed so as to the amount of coverage only after written notification 30 days in advance has been given to the Village. In addition, said certificates shall list the Village and its officers, agents and employees as additional insureds on all required insurance policies except the policy for professional liability.
(C) The contractor shall require subcontractors, if any, not protected under the contractor's policies, to take out and maintain insurance of the same nature in amounts, and under the same terms, as required of the contractor.
VENUE
The parties hereto agree that for purposes of any lawsuit(s) between them concerning the contract, its enforcement, or the subject matter thereof, venue shall be in DuPage County, Illinois, and the laws of the State of Illinois shall govern the cause of action.
INDEMNIFICATION
The contractor shall indemnify, defend (except in relation to professional liability) and save harmless the Village of Lombard, its officers, agents, employees, representatives and assigns, from lawsuits, actions, costs (including attorneys' fees), claims or liabilities of any character, including, as allowed by law, liabilities incurred due to the negligent acts, errors or omissions of the contractor, brought because of any injuries or damages received or sustained by any person, persons, or property on account of any act or omission, neglect or misconduct of said contractor, its officers, agents and/or employees arising out of, or in performance of any of the provisions of the contract, including any claims or amounts recovered for any infringements of patent, trademark or copyright; or from any claims or amounts arising or recovered under the "Worker's Compensation Act" or any other law, ordinance, order or decree. In connection with any such claims, lawsuits, actions or liabilities, the Village of Lombard, its officers, agents, employees, representatives and their assigns shall have the right to defense counsel of their choice. The contractor shall be solely liable for all costs of such defense (except as to professional liability) and for all expenses, fees, judgments, settlements and all other costs arising out of such claims, lawsuits, actions or liabilities.
OTHER CONTRACTOR RESPONSIBILITIES
The contractor shall be responsible for complying with all applicable Federal, State, County and Village laws and regulations in the performance of the contract.
IN WITNESS WHEREOF, the Village of Lombard, Illinois by William J. Mueller, Village President, and the Contractor have hereunto set their hands this 22 day of May, 1998.
If an individual or partnership, all individual names of each partner shall be signed or if a corporation, an officer duly authorized shall sign here:
Accepted this 22 day of May, 1998.
Individual or Partnership Corporation
By Position/Title
By Position/Title
Print Company Name
THE VILLAGE OF LOMBARD, ILLINOIS
Accepted this day of , 19 .
William J. Mueller
Village President
Attest:
Lorraine G. Gerhardt
Village Clerk
Approved for issuance:
Michael Guttmann Date
Budget Coordinator
Approved contents of Contractual Documents:
Thomas P. Bayer Date
Village Attorney