CC Resolution No. 6826 ~ •
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FtESOI(TPICN 6826
A RESOI[TI'I~t OF 2i~ QTY OpU1J(~I, OF 'I4~ CITY OF GUPERZ'a10
MJDZPY~IG 'IHE SPECIFICATIONS OF 'If~ TRAFFTC SIC,NAL ~CE
~IRAL'P
~F'.AS, the existi~ oontract specificatic~s r~,~uire the contractor
to isatne tha City, its officera, agents at~d e~layees as additional
ir~sured.s: and
Wt~tE~.S, such a policy is in addition to the City ~ s currnr~t insurarrce
polici~s; and
W~2EAS, the procurement of such a policy, iE it cwld be obtained at
all, wvatd be prohibitively e.xpensive, the oost of which w~uld be
reflec.'ted in our mafnteriaryce oosts.
2~1, ~EF~E~ HE 1T RFSOL~f:D that Paragraph C, Page 32 oP Section
10.03 of the specifications be ameaded to read as follaws:
The Contractor shall take out arid y~aintain d~.irg the life of the
C~tiact, ca~rehensive public liability and property damage insurar~ce
in the at~u?ts specified herein. Zhe City, its offioers agents and
e~layees shall be named as additioa~al. inEUred, hcwever, oril.y as
r'es~ects the operations of the nvned insured as defined within the
Co~tract inoorpomted het'eiI1 by refezenc8~ and ewoeptim~ that
liability resultir~g fma the r~amed additional. insured's sole
negliger~ce. In deterndnin4 whether any injury or damage has been
proximately caused solely and exclusively by the additioa~al insured,
only tha acts or anissions ~ the part of the insured and the named I
additional insureds shall be tak~en into aooauit.
Oontractor agrees to irrlenniP~ ar~d hold hs~smless the City, its
ofYice.i-s, agents ar~d ees~lal'ees fran azd against all clai~, dmnages,
losses arid expenses, includim~ 2ut not limited to attorney's fees
arising aut of or re.gulting fnxn tha parforn~nce og the work, provided
that any such claim, dama5e, loss or a~-nse. (ij is attributable to
bodily injury, siclaiess or death, or to injury or destructioa~ of
tarx~ible prope.rty (other than ths work itself) including the loss of
use therefran~ and (2) directly caused by the sole negligenoe of the
cbntra.ctor in the installation or maintenanoe oP traffic amtrol
devioes. It ia w~derstood arxl agreed that Contractor shall have no
, iryde?aiity abligations, (i) with z~espect to tha detexmination of
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ItFSOIUIZd~I 2J0. 6826
tratfic signal timir~, (2) the deaign ot trafPic ao¢~trol devioes
aix~/ar stz+eets and roadw3Ys~ (9) whez+e C1ty has actusl ar oonstn~tive
]mowledge oE a defect ar malR~nction which is un}axxdn to Ooz~tractor
and has failed to notify the Oo~ntractor within a reasaiaUle perial of
time.
PASSID AND ADOFTED at a regular meatir?g of the City Council o! the
City of CUpettino this 5ch day of ~y , 1986 by the following
vot.e:
VQtg L~ers of the Citv Caincil
AYFS: Gatto, Johnson, Plungy, Rogers
None
Sparks
ABSTAIN: None
AP'P~f'JVID:
, Ci o!
~ ~
A~rr~sr: - - ~
i G
Ci Clerk '