INDOT Accuses Commissioners of Breach of Contract Over Temple & Temple Paving Bid
- Jacob Dufour | Publisher
- Jun 6
- 3 min read
Updated: Jun 8
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(UPDATED JUNE 7th) A letter from the Indiana Department of Transportation addressed to Commissioner Phillip Marshall has been leaked online notifying the Washington County commissioners of a material breach of the Contract between Washington County and INDOT in regards to the Community Crossings grant.
(ORIGINAL ARTICLE BELOW)
Commissioners Announce Special Meeting to Discuss Controversial Paving Bid Selection
On Thursday, June 5, a notice was sent out regarding an upcoming special meeting of the Washington County Board of Commissioners, the purpose of the meeting being “to discuss the Community Crossings Paving Bid selection.”
The meeting will take place on Tuesday, June 10 at 9:00 A.M. at the Washington County Courthouse.
Previously, a controversial decision was made on May 6 to award a $1.8 million county paving bid to Temple & Temple, despite Harrison County-based company C&R Construction submitting a bid that was $78,096 lower. During the course of the meeting, Temple & Temple trucks filled entire sections of the Square, dozens of employees packed the courthouse, and owner Ken Temple made an impassioned case for the bid to be awarded to his company, arguing that his reinvestment in local commerce was worth more in the long run than saving money up-front with an out-of-county company.
Temple also said that C&R Construction utilizes what is called a drum mix plant as opposed to Temple’s batch plant. He explained that in his opinion, a drum mix plant produces a cheaper product that tends to not hold up as well. "To me, I think we have a superior product, that’s my opinion," concluded Temple. It is worth noting that Indiana Code 36-1-12-4-12(B) says when evaluating a bid for a public works project, "that the bidder's bid is made without reference to any other bid."
Indiana Code 36-1-12-4-8 also states that "...the board shall: (A) award the contract for public work or improvements to the lowest responsible and responsive bidder; or (B) reject all bids submitted". Despite this, Commissioners Todd Ewen and Phillip Marshall opted for the higher bid, agreeing with Temple's points about community reinvestment.
"I cannot lay my head on my pillow and sleep a peaceful sleep and dream sweet dreams tonight after voting for the lowest bid," Commissioner Ewen said during the meeting. "Because I honestly don’t think it is the lowest bid if you look at all the positive things. I think it would have a negative impact on our community."
"I’ve always believed in the bidding process, but at the same time, I feel like I would be doing an injustice for our own people," Commissioner Marshall agreed. "I ain’t taking the low bid. So, I guess if I’m going to get sued, I’ll get sued."
The decision sparked a mixed reaction from the Washington County community as well as media attention, with WHAS11 even conducting interviews with Ken Temple and Commissioner Tony Cardwell, who opposed the decision and voiced concerns that pressure and intimidation had played a part in his colleagues' decision.
The exact purpose of the upcoming discussion regarding the Community Crossings paving bid is unknown at this time. The meeting will take place at the Washington County courthouse on Tuesday, June 10 at 9:00 A.M.
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