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BE IT REMEMBERED, that the White County Commissioners held a regular meeting on April 2, 2007, at 8:00 a.m. in the White County Courthouse, 2nd floor, Commissioners conference room.

Commissioners present were: President John C. Heimlich, Vice President Steve Burton, and Member Ronald Schmierer. Also present was the White County Auditor Jill Guingrich, White County Attorney George Loy and the Commissioners Assistant Donya Tirpak.

MINUTES

Commissioner Burton made a motion to approve the minutes as presented for the March 19, 2007, meeting, seconded by Commissioner Schmierer. Vote: Unanimous

CLAIMS

Commissioner Burton made a motion to approve and pay the claims as advertised for April 2, 2007, seconded by Commissioner Schmierer. Vote: Unanimous

ANNEX BUILDING – AIR CONDITIONER

Larry Lear, Heating and Cooling, said that he has worked on the air condition unit at the Annex Building ever since the Commissioners took it over. At that time, it was said that the units were pretty old and needed replaced. Last winter the unit on the west end (nurse’s office) went out and last summer the compressor started getting very noisy. Mr. Lear made the recommendation to the Commissioners to have the air condition replaced.

Commissioner Schmierer said that he thought that we already replaced the air condition when the 2nd remodeling job was done on the east end. Mr. Lear said that a new unit was put in on the east end but the one on the west side was never replaced.

White County Attorney George Loy said that we need to request three quotes.

The Commissioners said that they will take this under advisement and put a legal notice in the paper requesting quotes. They will schedule this on the agenda for the first meeting in May.

COUNTY ROAD IN REYNOLDS – DON WARD

Don Ward, County Engineer, appeared before the Commissioners saying that H. Stewart & Kline can’t do too much engineering on the road project in Reynolds until we set the lines. A meeting needs to be set up, the sooner the better, with the Highway Superintendent Steve Brooke, Mike Peterson, H. Stewart & Kline; the Commissioners and Mr. Ward. After the meeting, they will be able to begin the survey and the engineering work. Mr. Ward said that he has met with Mr. Brooke and they do have an idea of where the line should be but it needs to be discussed.

Don Ward presented an agreement for the work to be completed by H. Stewart Kline. Commissioner Heimlich said that he thought that a contract has already been approved.

Mr. Ward said that he presented a contract in February, but the Commissioners never got it signed. This is the same contract; it just needs a signature.

  • Commissioner Burton made a motion to approve the contract with H. Stewart & Kline for the road design on the new County Road 50 East, seconded by Commissioner Schmierer. Vote: Unanimous

THIS AGREEMENT, made and entered into this ____ day of ___________, 2007 , by and

between the Board of Commissioners of White County, Indiana (hereinafter referred to as the

"COUNTY") and H. STEWART KLINE AND ASSOCIATES, INC., whose address is 106 South 16th

Street, P.O. Box 1684, Lafayette, Indiana, (hereinafter referred to as the "Consultant").

WHEREAS, the COUNTY desires to contract for consulting services required in the preparation

of design survey, geotechnical investigation, contract plans, specifications, cost estimates, and

checking of shop drawings where shop drawings are required for the following designated project,

and all work incidental thereto (hereinafter described as the "Project"),:

RECONSTRUCTION OF WHITE COUNTY ROAD 50 EAST

FROM US 24 TO CR 100 NORTH

and,

WHEREAS, the Consultant has expressed a willingness to contract said design survey and

geotechnical investigation, and prepare said contract plans, specifications, cost estimates, right-ofway

grants, and the checking of shop drawings when shop drawings are required, as desired by the

County, and agrees to furnish the consulting services required in connection therewith:

NOW THEREFORE, in consideration of the mutual covenants, herein contained, the parties

hereto mutually covenant and agree as follows:

I. Consulting Services:

A. Preliminary Plans: After receiving from the County written notice to proceed with the

preliminary plans, the Consultant agrees to solicit a design survey including all required

survey data necessary for preparation for contract plans. The Consultant shall also solicit

a geotechnical investigation. The Consultant shall obtain approval of all outside services

prior to authorizing said work. In addition, the consultant agrees to prepare preliminary

plans and itemized preliminary construction cost estimates in sufficient detail and accuracy

as required to prepare final contract plans and specifications. Said design survey and

preliminary cost estimates shall be in accordance with the accepted standards of practice,

and design criteria of the County.

B. Final Engineering Design: Upon approval of the preliminary engineering design by the

County and after receiving from the County written notice to proceed with the final

engineering plans, the Consultant agrees to prepare final drainage plans, erosion control

plans, and contract plans, right-of-way drawings and "meets and bounds" descriptions as

required, and specifications including special provisions and itemized final estimates of

cost of construction.

I. Consulting Services: (continued)

C. Status Reports: The Consultant shall submit to the County monthly preliminary and final

engineering design status reports showing progress and percentage of work complete.

D. Conferences, Visits at site, and Inspection: The Consultant shall attend such

conferences, record and distribute such minutes, with the officials of the County and other

interested agencies and governmental units as may be required in connection with the

work. The Consultant shall make its services available to the County at the preconstruction

conference and during the construction of the work for the interpretation of the

plans and specifications, for the checking of shop drawings, and for consultation during

construction in the event unforeseen or unusual conditions arise. Conferences may be

held at the request of either party hereto. Visitation at the work site and inspection of the

work may be had at any time by any of the parties to this Agreement.

E. Reproductions: The Consultant shall furnish the County with four sets of reproductions for

the final approved contract plans and four sets of reproductions of the final approved

contract specifications. The final estimate of costs shall be presented to the County on its

original prescribed form for safekeeping, and no other distribution of said estimates of

construction costs shall be made. The Consultant shall also provide one bound set of

design and quantity calculations. The County may request additional copies, for which the

County agrees to pay the Consultant its actual costs in reproducing such additional copies.

F. Approvals: The Consultant shall obtain approvals of engineering design and all other

matters from all affected governmental agencies, railroads, and utilities, when required.

G. Bid Tabulations: The Consultant shall provide the County with one reproducible bid

tabulation sheet with itemized listing of quantities to be used for tabulation of the

Contractor's bids.

II. Completion Schedule:

After receiving from the County written notice to proceed, the preliminary plans, right-of-way plans,

and final contract plans shall be completed by the Consultant and submitted to the County for its

approval in accordance with the attached progress chart.

III. Obligations of County:

All data applicable to the Project and in the possession of the County or its related agencies shall

be made available to Consultant when necessary.

Guarantee access to enter upon public and private lands as required for the CONSULTANT to

perform work under this agreement.

Timely review and return of all submittals by CONSULTANT under terms of this agreement and in

accordance with the attached "Progress Chart".

IV. Compensation:

A. The CONSULTANT will receive as payment for the work performed under this Agreement, as

follows, unless a modification of the Agreement is approved in writing by the County.

For design services performed by the CONSULTANT, the CONSULTANT will be paid on the

basis of actual hours of work performed by essential personnel exclusively on the Agreement

at the direct salary and wages of each employee, PLUS a provisional overhead rate thereof of

121 percent, PLUS direct non-salary costs (the actual costs of such out-of-pocket expenses

directly attributable to this Agreement such as fares, subsistence, mileage, long distance calls,

equipment rentals, reproductions, etc.) as approved by the County, PLUS a fixed fee of 15%.

1. The total compensation paid the CONSULTANT for design shall not exceed $60,000

unless approved in writing by the County.

2. In addition the Consultant shall be reimbursed for survey and geotechnical services at the

approved fees established through the solicitation of said services. The estimated total

costs of geotechnical and survey services is $20,000.

3. Progress payments may be requested monthly by the consultant based upon the estimated

cost of construction, and the proportion of services performed as presented in the monthly

engineering design status reports (Progress Chart).

4. In the event there is a major change in the scope and character of the work after survey or

plan work has progressed as directed by the County, adjustments in the fee payable to the

Consultant as outlined above, and in the completion schedule outlined above, shall be

determined through arbitration between the parties to the Agreement.

V. Miscellaneous Provisions:

A. Covenant Against Contingent Fees: If federal funds are used in this Project, the

Consultant warrants that it has not employed or retained any company or persons, other

than a bona fide employee working for the Consultant to solicit or secure this Agreement,

and that it has not paid or agreed to pay any company or persons, other than a bona fide

employee working for the Consultant to solicit or secure this Agreement, and that it has not

paid or agreed to pay any company or persons, other than a bona fide employee, any fee,

commission, percentage, brokerage fee, gift or any other consideration, contingent upon or

resulting from the award or making of this Agreement. For breach or violation of this

warranty, the County shall have the right to annul this Agreement without liability, or, in its

discretion, to deduct from the agreed price or consideration or otherwise recover, the full

amount of such fee, commission, percentage fee, gift or contingent fee.

B. Design Standards: All standards of design shall be those appropriate in the White County

area unless otherwise specified.

C. Ownership of Documents: All tracings, plans, photo prints, drawings, specifications,

electronic files and maps prepared or obtained under the terms of this Agreement shall be

delivered to and become the property of the County. All plans shall be on an approved

mylar medium. Basic survey notes and sketches, charts, computations and other data

prepared or obtained by the Consultant under this agreement shall be made available,

upon request, to the County without restriction on their use. In the event that the

Consultant prepares preliminary plans only, the parties agree that there is no limitation on

the subsequent use of such plans or ideas if those preliminary plans are later incorporated

into later-prepared construction plans.

D. Delays and Extensions: The parties may agree for appropriate extensions of time in the

case of unavoidable delays and for consideration of corresponding warranted adjustments

in payment. Any such extensions or changes must be in writing.

E. Abandonment: If the County shall abandon the services described herein, the Consultant

shall deliver to the County all survey notes, drawings, specifications, and estimates,

completed or partially completed, and those shall then become the property of the County.

The end value of the work performed shall be based upon an estimate of the portions of

the total services as have been rendered by the Consultant to the date of the

abandonment, and which may be mutually agreed upon by the County and the Consultant.

The payment as made to the Consultant shall be paid as a final payment in full settlement

of the Consultant services hereunder.

F. Termination: This Agreement may be terminated by either party by giving seven days

written notice in writing, by mutual agreement. In the event of a substantial failure to

perform in accordance with the terms hereof or by the other party through no fault of the

terminating party, a similar written notice of seven days must be given. If this Agreement

is terminated, the Consultant shall be paid for the extent of services performed by it to the

termination notice date.

G. Nondiscrimination: The Engineer shall not discriminate against any employee or

applicant for employment, to be employed in the performance of this Agreement, with

respect to his or her hire, tenure, terms, conditions, or privileges of employment, because

of his or her race, color, religion, sex, national origin, or ancestry. Breach of this covenant

may be regarded as a material breach of the Agreement.

H. Conflict of Interest: The Consultant agrees to have no direct or indirect interest in any

other contract in connection with this Project.

VI. Responsibility for Claims, Insurance, and Liability:

The Consultant agrees to hold the County harmless and to indemnify the County for all claims and

liability due to the negligent acts of the Consultant or the negligent acts of the Consultant's

subcontractors, agents or employees. In addition, the Consultant agrees to indemnify the County

for any expenses incurred with any claims or lawsuits arising out of the negligence, or claimed

negligence, of the Consultant or the Consultant's subcontractors, agents, or employees.

In addition; the Consultant agrees to purchase and maintain at its expense the following kinds and

amounts of insurance:

A. A policy covering the obligations of the Consultant in accordance with the provisions of the

workman's compensation law of the State of Indiana.

B. Policies of bodily injury liability and property damage liability insurance with limits of

liability of not less than $100,000.00 for each damage claim arising out of bodily injury, and

not less than $300,000.00 for all damages arising out of bodily injury, including death at

any time resulting therefrom, sustained by two or more persons at any one accident; and

not less than $50,000 for all damages arising out of injury to or destruction of property in

any accident, nor less than $100,000.00 for all damages arising out of injury to or

destruction of property suffered by two or more persons from any one accident.

VII. Successors and Assigns:

No portion of the Agreement shall be sublet, assigned or otherwise disposed of except with the

written consent of the County. Consent to sublet, assign or otherwise dispose of any portion of

this contract shall not be construed to relieve the Consultant of any responsibility for the fulfillment

of the contract. Except as otherwise herein provided, the rights and obligations created by this

Agreement shall run to the benefit of and shall be binding upon the heirs, executors,

administrators, assigns and successors in interest of the parties hereto.

VIII. Disputes:

All disputes between the parties hereto concerning questions of fact in connection with the work

not disposed of by agreement between the parties shall be submitted to the American Arbitration

Association. Costs of such arbitration shall be assessed as of the issues to be arbitrated.

IX. Compliance with Laws:

Unless otherwise specified, this agreement shall be governed by the laws of the State of Indiana,

and by all ordinances of the County of White, Indiana, as they shall be in full force and effect upon

the date this Agreement is executed. In addition, the Consultant agrees to comply with all

applicable federal, state, and local laws and ordinances applicable to the contemplated work.

X. Effective Date:

This agreement shall become effective on the date of execution of this document by both the

County and the Consultant.

XI. Consultant's Endorsements:

The Consultant shall endorse all plans, specifications, estimates, and engineering dates furnished

by it.

WHEREFORE, the Consultant has hereunto set its hand this 27th day of March , 2007

VOTING PLACES IN WHITE COUNTY – BRUCE LAMBERT

White County Clerk Bruce Lambert presented the following list of voting places in White County for the Municipal Primary Election for May 8, 2007.

Union 4 County Building

Union 5 County Building

Union 6 County Building

Union 7 County Building

  • Commissioner Schmierer made a motion to approve the list of voting places in White County for the Municipal Primary Election on May 8, 2007, seconded by Commissioner Burton. Vote: Unanimous

6th STREET PHASE 1 – SIGN RELOCATION

Commissioner Burton asked what the rule is for the signs that will need to be relocated during the 6th Street Phase 1 construction. He asked if it is the county’s responsibility to apply for the variance.

White County Attorney George Loy said that the county will assist the business, if necessary, to apply for a variance.

Commissioner Burton asked if the business has permission to relocate the sign before the variance was approved since it was forced to be moved back because of the construction.

Attorney George Loy said that Mr. Burton would need to discuss this with the Area Plan Director.

Commissioner Heimlich said that this has been discussed early on in the project and it was said that if it was an existing sign that was out of compliance because of the road expansion then the process would be minimized for the business. He said that he will discuss this again with the Area Plan Director.

BOB MOUNTS – COURTS INFORMATION ON THE INTERNET

Bob Mounts, Computer Consultant for the Courts, said that several months ago Judge Mrzlack discussed an agreement, Doxpop, Inc., with the Commissioners. Doxpop would publish the public information that we maintain for the courts onto the internet. Mr. Mounts said that the contract has been given to Attorney George Loy and he has reviewed it.

Mr. Mounts explained that a title company or an attorney’s office would have the ability to subscribe to a service that would provide them with the same information that is available if they would walk over and receive it. This service does have the potential to provide income to the county by charging the person for every copy that they would print out from the internet. If a person came to the courthouse to receive a copy of something the county would charge $1.00 and if they went to the internet for the same copy they would be charge $1.35. So, the county will still get their $1.00 back.

Mr. Mounts said that there are about 37 counties that are using Doxpop and they are only publishing information that is associated with the civil and criminal cases. It does not put up anything that pertains to juveniles.

Commissioner Heimlich said that they will look over the contract and put it on the agenda at a later date.

JAN RULE

Jan Rule appeared before the Commissioners asking if they had made a decision from the last meeting. At the last meeting, Mr. Rule asked permission to place rip rap along the bank of the Norway Cemetery which is along Lake Shafer. If this is not done, he said that the bank will soon wash away.

Commissioner Burton pointed out that there is a property line there and if anything is done or placed on county property then it needs to be made sure that it isn’t something that is permanent.

Commissioner Heimlich said that he does not have a problem with putting rip rap on the bank but he would like to see the County Attorney write something up that spells out what exactly is going to be done. This also needs to say that it must be able to be removed if needed.

Commissioner Burton said that he will go along with what Commissioner Heimlich has proposed.

The Commissioners all agreed that they would have the County Attorney write something up and allow Mr. Rule to place rip rap along the bank to prevent it from washing away.

COUNTY ROAD

Mr. Don Pauken appeared before the Commissioners reporting that County Road 375 East is impassable. He said that Nipsco had to do some pole repairs on this road and now the road is all torn up.

Highway Superintendent Steve Brooke said that CR 375 is one of the worst in White County right now and it is on the list to be fixed.

WHITE COUNTY HIGHWAY

White County Highway Superintendent Steve Brooke said that he has put together a comparison chart of the last six years budget from the State. He said that in six years his budget has increased $100,000 from the State and in six years his fuel cost have increased $100,000. He commented that this doesn’t leave him with too much to work with.

VERASUN ECONOMIC DEVELOPMENT AGREEMENT

Commissioner Heimlich said that he has received an amendment to the VeraSun Economic Development Agreement. He said that the amendment has to do with “Exhibit C”, which listed the assumptions for the assessed value of the property. The total investment will not be changing, but the mix between real property and personal property will. This means that more tax dollars will be available for the infrastructure and the tax dollars. Since the old agreement did list the assumptions then we do need to approve the changes.

Commissioner Heimlich said that everything else would remain the same for the 18 year bond, self contained with the company.

White County Economic Development Director Connie Neininger said that the bond amount has increased to $12,465,000.

White County Attorney George Loy said that our cap with the infrastructure increased to $5 million.

Commissioner Heimlich mentioned that this is not set in stone because it could change from year to year depending on how the Assessor assesses the property.

  • Commissioner Schmierer made a motion to approve the Amended Economic Development Agreement with VeraSun, seconded by Commissioner Burton. Vote: Unanimous

TRANSFER STATION

Commissioner Schmierer said that he noticed in the paper that the BZA approved the variance for Indiana Waste to have a transfer station. He feels that the Commissioners need to write something up immediately that forces any transfer station to pay the county tipping fees that match Liberty Landfill’s tipping fee. Whether the trash stays in the county or out of the county, he said they need to pay some type of tipping fees.

Attorney George Loy said that he would be happy to sit with the Commissioners and talk about it.

There being no further business to come before the Commissioners, their meeting was adjourned.

_______________________________ ___________________________ ____________________________

John C. Heimlich, President Steve Burton, Vice President Ron Schmierer, Member

ATTEST: ______________________________

Jill Guingrich

White County Auditor