HomeMy WebLinkAbout2012-22RESOLUTION 2012-22
OBLIGATIONS OF INSURANCE AND INDEMNITY
VIRGINIA DEPARTMENT OF TRANSPORTATION
WHEREAS, it becomes necessary from time to time for the Town of Pulaski to obtain land use permits from the Virginia
Department of Transportation to install, construct, maintain and operate certain public works and public utilities projects
along, across, over and upon highway systems of the Commonwealth of Virginia; and,
WHEREAS, expense, damage or injury may be sustained by the Commonwealth of Virginia growing out of granting to'the
Town of Pulaski by the Virginia Department of Transportation of said permits for the work aforesaid;
NOW, THEREFORE, BE IT RESOLVED by the Pulaski Town Council this 5th day of November, 2012:
Section 1: That in accordance with the provisions of Section 24VAC30-151-720 of the Land Use Permit Regulations of
the Virginia Department of Transportation, the Town of Pulaski does hereby grant assurances to the Virginia Department
of Transportation (VDOT) that it shall in all respects comply with all of the conditions of the permit or permits that have
been, or will be, granted to the Town of Pulaski and that said jurisdiction does hereby certify that it will carry liability
insurance for personal injury and property damage that may arise from the work performed under permit and/or from the
operation of the permitted activity as follows: up to one-million dollars ($1,000,000) each occurrence to protect the
Commonwealth Transportation Board members and the Virginia Department of Transportation's agents or employees;
seventy-five thousand dollars ($75,000) each occurrence to protect the Commonwealth Transportation Board, the Virginia
Department of transportation or the Commonwealth of Virginia in the event of suit.
Section 2: That the Town Manager, Town Mayor, or their designee, be, and hereby is authorized to execute on behalf of
the Town of Pulaski all land use permits and related documents of the Virginia Department of Transportation.
Section 3: That this resolution shall be a continuing resolution and shall not be revoked unless and until sixty (60) days
written notice of any proposed revocation be submitted to the Virginia Department of Transportation.
Section 4: That the Town of Pulaski shall, if requested by the Virginia Department of Transportation, provide a letter that
commits to using the surety provided by its contractor or to have the contractor execute a dual obligation rider that adds
the Virginia Department of Transportation as an additional obligee to the surety bond provided to the locality, with either of
these options guaranteeing the work performed within state maintained right-of-way under the terms of the land use
permit for that purpose.
BE IT STILL FURTHER RESOLVED that the Town Manager, Town Mayor, or their designee, be, and hereby is
authorized and directed to procure insurance required by Section 1 herein.
The foregoing Resolution was adopted by the Pulaski Town Council at its regular meeting held on November 5, 2012 in
the Town of Pulaski, Virginia by the following recorded vote:
Heather L. Steele -Aye
Gregory C. East -Aye
David L. Clark -Aye
ATTEST:
..
f/
Patricia Cruise, Clerk of Council
H. M. Kidd -Aye
Joseph K. Goodman -Aye
James A. Radcliffe -Aye
THE TOWN OF PULASKI, VIRGINIA
BY: ,~
/~rey S. Worrell, Mayor