The regular meeting of the Barry County Road Commission was called to order at 6:30 P.M. by Chairman Willcutt.
Members present: Willcutt, Dykstra, Fiala and Managing Director Brad Lamberg.
The agenda for July 10, 2007 was approved.
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The minutes of June 26, 2007 were approved as read by the Secretary.
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Motion by Commissioner Fiala seconded by Commissioner Dykstra to approve the payroll for payment.
ROLL CALL: Yeas, Willcutt, Dykstra, & Fiala
Nays, None
Motion Carried
CHECK NAME AMOUNT
Barry County Road Commission $80,564.19
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Motion by Commissioner Fiala seconded by Commissioner Dykstra to approve the bills for payment.
ROLL CALL: Yeas, Willcutt, Dykstra, & Fiala
Nays, None
Motion Carried
Check Name Amount
21417 LAWSON PRODUCTS, INC $617.60
21418 NAPA AUTO PARTS $947.66
21419 NORTHERN SAFETY CO. INC $383.51
21420 WYOMING ASPHALT PAVING CO $4,557.76
21421 ALEXANDER WALDEN $552.54
21422 ASR CORPORATION $90.00
21423 BEAVER RESEARCH COMPANY $1,253.00
21424 BERT KEELER $380.00
21425 BESCO WATER TREATMENT INC $121.08
21426 BETTY MOORE $134.28
21427 BILL SEIF CHEVROLET-BUICK INC $151.86
21428 BIT MAT PRODUCTS $104,863.51
21429 BJ HYDRAULICS INC. $148.81
21432 BREWER’S CITY DOCK INC $105,351.45
21433 CHARLES BENEDICT $552.54
21434 CITY OF HASTINGS $385.90
21435 CONSUMERS CONCRETE CORPORATION $95.80
21436 CONSUMERS ENERGY $1,057.21
21437 CULLIGAN WATER CONDITIONING $15.78
21438 D & D CONTRACTING $39,000.00
21439 DIC CRAVEN $268.54
21440 DORNBOS SIGN & SAFETY INC $32.52
21441 DUANE WINDES $6.15
21442 EAGLE COMPUTER TECHNOLOGY INC $45.00
21443 ELECTRIC MOTOR SERVICE $75.00
21444 FIDELITY INVESTMENTS $5,968.93
21445 FILLMORE EQUIPMENT, INC $16.43
21446 FRONTLINE MAINTENANCE LLC $26,399.10
21447 GAYLORD PENNINGTON $134.28
21448 GERALD CISLER $552.54
21449 GUARDIAN ALARM COMPANY $148.27
21450 HEATHER SMITH $30.00
21451 HELP HARDWARE $85.50
Check Name Amount
21452 HOWARD HOSTETLER $552.54
21453 HUGH MCPHERSON $134.28
21454 JACK KINEMAN $552.54
21455 JAS NETWORKS INC $126.30
21456 JERRYS TIRE SERVICE $4,165.42
21457 KENNETH HURLESS $552.54
21458 KENNETH PRANSHKA $552.54
21459 KENTWOOD OFFICE FURNITURE $465.00
21460 KENT OIL COMPANY, INC. $19,048.50
21461 KENDALL PRANSHKA $134.28
21462 LAKELAND ASPHALT CORP $1,295.80
21463 M&K QUALITY TRUCK CENTER $571.10
21464 MARK WEEKS $33.00
21465 MICHIGAN CAT $3,029.15
21466 MODEL COVERALL SERVICE $63.90
21467 NAPA AUTO PARTS $110.72
21468 NEAL’S TRUCK PARTS $4,585.10
21469 NES TRAFFIC SAFETY $1,225.00
21470 NMARC $90.00
21471 PATRICIA WOLF $276.28
21472 PAUL PRANSHKA $552.54
21473 PROFESSIONAL BENEFITS SERVICES $1,420.00
21474 PURITY CYLINDER GASES INC $369.02
21475 QUALITY STAFFING SOLUTIONS $1,610.79
21476 RICHARD RAYMOND $552.54
21477 ROAD EQUIPMENT PARTS $132.44
21478 ROBERT BAINES $268.54
21479 ROBERT NAGEL $552.54
21480 ROBERT SLOCUM $689.72
21481 S A E INDUSTRIES, INC $490.11
21482 SANISWEEP INC $1,440.00
21483 SPECIALTY CLAIMS $1,115.34
21484 SPEEDWAY SUPER AMERICA LLC $91.21
21485 STANDARD INSURANCE CO. $343.38
21486 STATE OF MICHIGAN $16.80
21487 ST. REGIS CULVERT INC $5,226.00
21488 TRACTOR SUPPLY COMPANY $111.62
21489 VESCO OIL CORPORATION $2,560.35
21490 WASTE MANAGEMENT OF MI $130.26
21491 WAYNE ROUSH $552.54
21492 WILCOX PROFESSIONAL SERVICES LLC $59,358.30
21493 THE WOLVERINE COMPANIES $250.80
21494 WONCH BATTERY COMPANY $409.14
21495 WYOMING ASPHALT PAVING CO $14,806.14
Grand Total: $425,036.66
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The Board signed a letter to Madison Howell in regards to the current status of Red Oak Estates.
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Motion by Commissioner Willcutt seconded by Commissioner Dykstra Resolved Whereas, the Barry County Road Commission, hereinafter referred to as the “GOVERNMENTAL BODY,” periodically applies to the Michigan Department of Transportation, hereinafter referred to as the “DEPARTMENT,” for permit, 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 responsibility of the GOVERNMENTAL BODY. The DEPARTMENT shall not be subject to any obligations or liabilities by vendors and contractors of the GOVERNMENTAL BODY, or their subcontractors or any other person not a party to the PERMIT without its specific prior written consent and notwithstanding the issuance of the PERMIT.
•2. The GOVERNMENTAL BODY 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.
•3. It will, by its own volition and/or request by the DEPARTMENT, promptly restore and/or correct physical or operating damages to any State trunkline right of way resulting from the installation construction, operation and/or maintenance of the GOVERNMENTAL BODY’S facilities according to a PERMIT issued by the DEPARMENT.
•4. With respect to any activities authorized by PERMIT, when the GOVERNMENTAL BODY 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.
•5. 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.
•6. This resolution shall continue in force from this date until cancelled by the GOVERNMENTAL BODY or the DEPARTMENT with no less than thirty (30) days prior written notice to the other party. It will not be cancelled or otherwise terminated by the GOVERNMENTAL BODY 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 Michigan Department of Transportation for the necessary permit to work within state trunkline right of way on behalf of the GOVERNMENTAL BODY.
Bradley S. Lamberg, Managing Director
Heather Smith, Assistant Engineer
Douglas Peck, Operations Engineer
Scott Bond, Superintendent
Tom Chaffee, Grade Crew Foreman
ROLL CALL: Yeas, Willcutt, Dykstra, & Fiala
Nays, None
Motion Carried
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Meeting adjourned at 7:30 P.M.
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Chairman Secretary
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