HomeMy WebLinkAboutResolutions - 2018.06.13 - 23650MISCELLANEOUS RESOLUTION . #18239 June 13, 2018 - BY: Commissioner Phillip Weipert, Chairperson, Planning and building Committee
IN RE: DEPARTMENT OF FACILITIES MANAGEMENT — PERFORMANCE RESOLUTION FOR
GOVERNMENTAL AGENCIES TO REQUEST STATE HIGHWAY RIGHT OF WAY PERMIT FROM
MICHIGAN DEPARTMENT OF TRANSPORTATION
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS the County of Oakland is the owner of the property at 1155 Cesar E Chavez Ave in the city of
Pontiac; and
WHEREAS the Department of Facilities Management is repaving the parking lot with the work scheduled
to begin this summer; and
WHEREAS the repaving project is part of the CIP budget for 2018; and
WHEREAS the resolution for the repaving construction project will be forthcoming to the Board in June or
July this year; and
WHEREAS part of the repaving work will be in the Michigan Department of Transportation Right of Way of
Cesar E Chavez Ave; and
WHEREAS MDOT requires a permit to construct, operate, use and/or maintain utilities or other facilities, or
to conduct other activities, on, over, and under State Highway Right of Way; and
WHEREAS MDOT requires a Performance Resolution from governmental agencies for purposes of issuing
such a permit; and
WHEREAS the Departments of Facilities Management and Corporation Counsel have reviewed the
attached MDOT Performance Resolution, and recommend its approval.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners hereby approves
and authorizes the attached Performance Resolution between the County of Oakland and Michigan
Department of Transportation.
BE IT FURTHER RESOLVED that the Oakland County Board of Commissioners hereby directs its
Chairperson or his designee to execute the attached Performance Resolution, and all other related
documents, which may be required between the County of Oakland and Michigan Department of
Transportation.
Chairperson, on behalf of the Planning and Building m tee, I move the adoption of the foregoing Building
resolution.
(
Cbm 4ssioner Philip Weipert, District #8
Chairperson, Planning and Building Committee
PLANNING AND BUILDING COMMITTEE
Motion carried unanimously on a roll call vote with Dwyer absent.
ADR REVIEW SIGN OFF — Facilities Management
RESOLUTION TITLE: Department of Facilities Management — Performance Resolution for Governmental
Agencies to Request State Highway Right of Way Permit from Michigan Department
of Transportation
DEPARTMENT CONTACT PERSON: Paul Zachos 858-5380
DATE: 5/22/18
DEPARTMENT REVIEW
Department of Human Resources:
Approved (No Committee) - Heather Mason (5/22/2018)
Department of Management and Budget:
Approved — Lynn Sonkiss (5/22/2018)
Corporation Counsel:
Approved —Jody Hall (5/22/2018)
Michigan Department
Of Transportation
2207E1 (12116)
Page 1 of 2 PERFORMANCE RESOLUTION
FOR GOVERNMENTAL AGENCIES
This Performance Resolution is required by the Michigan Department of Transportation for purposes of issuing
to a municipal utility an "Individual Permit for Use of State Highway Right of Way", or an "Annual Application and
Permit for Miscellaneous Operations within State Highway Right of Way".
RESOLVED WHEREAS, the County of Oakland, a Constitutional and Municipal Corporation
(city, village, township, etc.)
hereinafter referred to as the "GOVERNMENTAL AGENCY," periodically applies to the Michigan Department of
Transportation, hereinafter referred to as the "DEPARTMENT," for permits, referred to as "PERMIT," to
construct, operate, use and/or maintain utilities or other facilities, or to conduct other activities, on, over, and
under State Highway Right of Way at various locations within and adjacent to its corporate limits;
NOW THEREFORE, in consideration of the DEPARTMENT granting such PERMIT, the GOVERNMENTAL
AGENCY agrees that:
1. Each party to this Agreement shall remain responsible for any claims arising out of their own acts and/or
omissions during the performance of this Agreement, as provided by law. This Agreement is not
intended to increase either party's liability for, or immunity from, tort claims, nor shall it be interpreted,
as giving either party hereto a right of indemnification, either by Agreement or at law, for claims arising
out of the performance of this Agreement.
2. If any of the work performed for the GOVERNMENTAL AGENCY is performed by a contractor, the
GOVERNMENTAL AGENCY shall require its contractor to hold harmless, indemnify and defend in
litigation, the State of Michigan, the DEPARTMENT and their agents and employee's, against any claims
for damages to public or private property and for injuries to person arising out of the performance of the
work, except for claims that result from the sole negligence or willful acts of the DEPARTMENT, until the
contractor achieves final acceptance of the GOVERNMENTAL AGENCY. Failure of the GOVERNMENTAL
AGENCY to require its contractor to indemnify the DEPARTMENT, as set forth above, shall be considered a
breach of its duties to the DEPARTMENT.
3. Any work performed for the GOVERNMENTAL AGENCY by a contractor or subcontractor will be solely as
a contractor for the GOVERNMENTAL AGENCY and not as a contractor or agent of the DEPARTMENT.
The DEPARTMENT shall not be subject to any obligations or liabilities by vendors and contractors of the
GOVERNMENTAL AGENCY, or their subcontractors or any other person not a party to the PERMIT
without the DEPARTMENT'S specific prior written consent and notwithstanding the issuance of the
PERMIT. Any claims by any contractor or subcontractor will be the sole responsibility of the
GOVERNMENTAL AGENCY.
4. The GOVERNMENTAL AGENCY shall take no unlawful action or conduct, which arises either directly or
indirectly out of its obligations, responsibilities, and duties under the PERMIT which results in claims
being asserted against or judgment being imposed against the State of Michigan, the Michigan
Transportation Commission, the DEPARTMENT, and all officers, agents and employees thereof and
those contracting governmental bodies performing permit activities for the DEPARTMENT and all
officers, agents, and employees thereof, pursuant to a maintenance contract. In the event that the same
occurs, for the purposes of the PERMIT, it will be considered as a breach of the PERMIT thereby giving
the State of Michigan, the DEPARTMENT, and/or the Michigan Transportation Commission a right to seek
and obtain any necessary relief or remedy, including, but not by way of limitation, a judgment for money
damages.
MOOT 22078 (12116) Page 2 of 2
5. The GOVERNMENTAL AGENCY will, by its own volition and/or request by the DEPARTMENT,
promptly restore and/or correct physical or operating damages to any State Highway Right of Way
resulting from the installation construction, operation and/or maintenance of the GOVERNMENTAL
AGENCY'S facilities according to a PERMIT issued by the DEPARTMENT.
6. With respect to any activities authorized by a PERMIT, when the GOVERNMENTAL AGENCY requires
insurance on its own or its contractor's behalf it shall also require that such policy include as named
insured the State of Michigan, the Transportation Commission, the DEPARTMENT, and all officers, agents,
and employees thereof and those governmental bodies performing permit activities for the
DEPARTMENT and all officers, agents, and employees thereof, pursuant to a maintenance contract.
7. The incorporation by the DEPARTMENT of this resolution as part of a PERMIT does not prevent the
DEPARTMENT from requiring additional performance security or insurance before issuance of a
PERMIT.
8. This resolution shall continue in force from this date until cancelled by the GOVERNMENTAL AGENCY or
the DEPARTMENT with no less than thirty (30) days prior written notice provided to the other party.
It will not be cancelled or otherwise terminated by the GOVERNMENTAL AGENCY with regard to any
PERMIT which has already been issued or activity which has already been undertaken.
BE IT FURTHER RESOLVED, that the following position(s) are authorized to apply to the DEPARTMENT for
the necessary permit to work within State Highway Right of Way on behalf of the GOVERNMENTAL
AGENCY.
Title and/or Name;
Michael J. Gingell, Chairperson Oakland County Board of Commissioners.
I HEREBY CERTIFY that the foregoing is a true copy of a resolution adopted by
the Oakland County Board of Commissioners
(Name of Board, etc)
of the County of Oakland
(Name of GOVERNMENTAL AGENCY)
at a meeting held on the day
of A.D.
of Oakland
(County)
Signed Title
FISCAL NOTE (MISC.#18239) June 13, 2018
BY: Commissioner Tom Middleton, Chairperson, Finance Committee
IN RE: DEPARTMENT OF FACILITIES MANAGEMENT PERFORMANCE RESOLUTION FOR
GOVERNMENTAL AGENCIES TO REQUEST STATE HIGHWAY RIGHT OF WAY PERMIT
FROM MICHIGAN DEPARTMENT OF TRANSPORTATION
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
Pursuant to Rule XII-C of this Board, the Finance Committee has reviewed the above referenced
resolution and finds:
1. The miscellaneous resolution approves and authorizes a performance resolution between
the County of Oakland and the Michigan Department of Transportation (MDOT) for use of
the Right of Way on Cesar E Chavez Avenue in the City of Pontiac.
2. As part of the FY 2018 Capital Improvement Program (CIP), Facilities Management plans
to repave the Materials Management parking lot, and MDOT requires a performance
resolution and permit for the project.
3. The term of the performance resolution shall continue in force from the date signed until
cancelled by Oakland County or MDOT with no less than thirty (30) days prior written
notice provided to the other party.
4. The funding for the Materials Management parking lot repaving project will be transferred
via a separate upcoming project resolution.
5. No budget amendment is required at this time.
missioner Thomas Middleton, District #4
Chairperson, Finance Committee
FINANCE COMMITTEE VOTE:
Motion carried unanimously on a roll call vote.
Resolution #18239 June 13, 2018
Moved by Hoffman supported by Zack the resolutions (with fiscal notes attached) on the amended
Consent Agenda be adopted (with accompanying reports being accepted).
AYES: Crawford, Fleming, Gershenson, Hoffman, Jackson, Kochenderfer, Kowall, Long,
McGillivray, Middleton, Quarles, Spisz, Taub, Tietz, Weipert, Woodward, Zack, Berman,
Bowman. (19)
NAYS: None. (0)
A sufficient majority having voted in favor, the resolutions (with fiscal notes attached) on the amended
Consent Agenda were adopted (with accompanying reports being accepted),
I HEMB/
AVT5140/01-11S RESOLUTION
UNV CHIEF DEPUTN( CO EXECUTIVE.
(7)
ACTING PURSUANT TO MCL 45.559A
STATE OF MICHIGAN)
COUNTY OF OAKLAND)
I, Lisa Brown, Clerk of the County of Oakland, do hereby certify that the foregoing resolution is a true and
accurate copy of a resolution adopted by the Oakland County Board of Commissioners on June 13, 2018,
with the original record thereof now remaining in my office.
In Testimony Whereof, I have hereunto set my hand and affixed the seal of the County of Oakland at
Pontiac, Michigan this 13th day of June, 2018
t 4g;
Lisa Brown, Oakland County