Title
Request for Adoption of the Michigan Department of Transportation (MDOT) Annual Permit Application entitled Performance and Indemnification for Governmental Bodies, to perform various maintenance activities with the roads under MDOT jurisdiction during the year of 2008.
Body
PERFORMANCE RESOLUTION FOR GOVERNMENT BODIES
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 Trunkline Right of Way" (form 2205) or an "Annual Application and Permit for Miscellaneous Operations Within State Trunkline Right of Way" (form 2205B).
RESOLVED WHEREAS, the City of Rochester Hills hereinafter referred to as the "GOVERNMENTAL BODY" periodically applies to the Michigan Department of Transportation, hereinafter referred to as the "DEPARTMENT" for permits, hereinafter referred to as "PERMIT," to construct, operate, use and /or maintain utility or other facilities, or to conduct other activities, on, over, and under State trunkline 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 BODY agrees that:
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.
This Agreement is not intended 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.
1. Any work performed for the GOVERNMENTAL BODY by a contractor or subcontractor will be solely as a contractor for the GOVERNMENTAL BODY and not as a contractor or agent of the DEPARTMENT. Any claims by any contractor or subcontractor will be the sole re...
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