Batesville is taking on an Indiana company and department.

Attorney Lynn Fledderman filed a complaint on behalf of the city in Ripley County Circuit Court Dec. 23, 2009, charging Bonar & Associates, Fort Wayne, and the Indiana Department of Transportation with breach of contract, breach of warranty and professional negligence.

At issue is the East Pearl Street reconstruction. After the Batesville Board of Works held a series of executive sessions about the project, BBW and the city council granted the attorney permission Dec. 14, 2009, to file the 71-page document.

Page 2 stated, “On or about the 6th day of August 2001, the city of Batesville by its Board of Public Works and Safety entered into a contract with Bonar for professional engineering services for improvements to be made to East Pearl Street .... Bonar was to complete an environmental study, field survey, construction plans, special provisions and cost estimates to meet the requirements of Batesville, INDOT and the Federal Highway Administration to pave, widen, mill and resurface, curb and gutter and make stormwater drainage improvements ...”

A page later, it stated, "Since beginning construction (in spring 2009), numerous design flaws and omissions in Bonar's plans and specifications ... have been discovered."

Some of the 17 listed problems:

• There were four direct conflicts between existing sanitary sewer and proposed storm sewer pipes that would have resulted in the storm sewer line running through the side of a concrete box culvert.

• The proposed sidewalk on East Pearl Street was not placed by Bonar in the location requested by the city.

• A 14-inch water main crossing at Eastern Avenue in Bonar's plans was about 25 inches lower than the existing grade, leaving virtually no cover over it. If it was damaged, the city could have a water shortage.

• “Bonar's design engineer represented ornamental street lighting was included in the project as demanded by the city when in fact the final plans submitted did not include lighting.”

The complaint continued, “As a result of Bonar's breaches, the city has failed to procure the necessary TEA-21 (Transportation Equity Act for the 21st Century federal) funds to cover the expense of the project ..."

The filing said, “As a result of Bonar's acts, construction costs far exceed that originally estimated by Bonar ... the city has incurred and will continue to incur expenses and damages.”

So far seven change orders have forced the city to spend $400,851 more than the original estimate, inspector Steve French of Hannum, Wagle & Cline, Indianapolis, the firm now overseeing the project, told BBW members Dec. 1, 2009.

BBW terminated the Bonar contract as East Pearl Street project engineers Sept. 4, 2007. Its engineers estimated the city’s match for the project would be $680,000. However, at that time Fledderman announced they “had underestimated it by $300,000” because the city’s actual cost would be over $1 million.

In fact, a Sept. 24, 2008, Local Public Agency Project Coordination Contract between INDOT and Batesville projected the city would pay $1.35 million or 24.1 percent of the expense, with federal funding amounting to $4.25 million or 75.9 percent.

The city asked the court to order Bonar “to fully compensate plaintiff for damages incurred, for future damages, for attorney fees, expert witness fees and costs in bringing this action and for any and all other just and proper relief.”

INDOT was mentioned under Count V: Negligence on page 10: “INDOT oversaw, directed and approved Bonar's professional engineering services on the East Pearl Street project. INDOT has a duty to the city for proper review and oversight of Bonar's engineering design and services ... INDOT breached that duty by approving Bonar's design ...”

Again, the city is seeking a monetary judgment from the department.

The 12-page complaint ended with a demand for a jury trial.

Supplementary documents included a 2001 agreement between Bonar and the city signed by then BBW members Mayor Bill Abplanalp, John Irrgang and Robert Schaefer. An undated agreement initialed by engineer Benjamin Carnahan and then clerk-treasurer Peggy Dickson called for a $220,000 engineering fee, which was increased to $251,100 June 9, 2003.

Fledderman said Jan. 6 she expected Judge Carl Taul to order mediation between the parties. If an agreement can’t be reached and the complaint does result in a trial, she predicted it would be lengthy.

Debbie Blank can be contacted at 812-934-4343, Ext. 113; or debbie.blank@ batesvilleheraldtribune.com.