Declaring that an emergency exists, the Porter County Commissioners on Tuesday agreed to fix a failed culvert that has shut down a portion of C.R. 500E since early May, while setting the stage for a lawsuit against the Indiana Department of Transportation.

The commissioners agreed to contract with R.V. Sutton to replace the failed culvert located near I-94 in Pine Township, with the work not to exceed $55,000.

In the event INDOT doesn’t agree to pay the costs, the county will seek to recover its expenses by asking a judge to rule that the culvert is the responsibility of the state’s, not the county's, said County Attorney Gwenn Rinkenberger.

The commissioners’ action Tuesday culminates weeks of debate between the county and INDOT over who is responsible for the failed culvert. Rinkenberger said INDOT installed the culvert, which takes water under I-94, but that the state takes the position that it’s the county’s responsibility to maintain and repair everything except the actual bridge crossing I-94.

The county road was shut down in early May due to damage from the backed-up water. North Porter County Commissioner John Evans said INDOT was a no-show at one of the onsite visits, and the county de-watered the area itself. If the county didn’t divert the water, the flooding likely would have spilled over onto I-94, he said.

After wrangling over which entity is responsible for the work, Rinkenberger said the county and INDOT appeared to have reached an agreement, in which the county agreed to pay the $47,000 cost for a new pipe and INDOT agreed to supply the labor to install it.

But then, she said, when the state presented a memorandum of understanding to the county, the state wanted to bind the county as the responsible party for the culvert maintenance.

Rinkenberger said the county could continue to debate the issue with INDOT or it could proceed with the repairs on its own and then sue the state. She strongly advised against signing the agreement, raising a concern that county acceptance of this particular culvert could set a precedence for other structures elsewhere.

Evans noted that east of Chesterton, the state maintains only three structures over I-94, and that one of them has been shut down since early May.

“I believe an emergency exists,” he said, in recommending that the commissioners move forward by awarding the contract to RV Sutton.

By declaring an emergency, the commissioners were not required to seek competitive bids for the work.

Also Tuesday, representatives from the Indiana Local Technical Assistance Program, which is affiliated with Purdue University, presented County Highway Supervisor Al Hoagland with a certificate for his completion of the LTAP road building training program.

LTAP Program Manager John Habermann commended Hoagland, both for completing the training and for his bringing his road maintenance expertise to the LTAP. Highway officials such as Hoagland earn the “Road Builder” designation by completing training courses and seminars, with points earned for experience.

Hoagland completed the LTAP requirements over the course of five years. “Al, we are very happy to have you,” commented Commissioner President Robert Harper.

Posted 7/8/2009