The Marshall County Commissioners took action Monday morning to approve a settlement agreement with E&B Paving.
During the Monday, August 5 commissioners meeting, Highway Department Superintendent Jason Peters presented the commissioners with a contract from E&B Paving for repaving on a portion of Union Road in the amount of $394,680.
Commissioner Kevin Overmyer asked if the work was already completed and Peters indicated that it was to wrap up within a week. At the time, Peters said that both the bid documents and the contract needed to be approved.
Overmyer asked if that should not have already been done. County Attorney Jim Clevenger asked if the project was bid and if E&B Paving was low bidder and Peters responded that they went with the company since they were already at the site for the contract on the bridge.
But the bidding process was not conducted for the work. American Rescue Plan Act funds were discussed for payment of the work, but the recommendation was not approved during the August 5 meeting.
During Monday’s commissioners meeting, County Attorney Jim Clevenger presented the commissioners with an agreement that acknowledges that approval for the paving on Union Road was given by the highway superintendent that was contrary to state law and violated county policy. The company learned that the state public work project laws were not followed and the contract was void. The parties agreed to $344,680 as the full and final payment of the paving and shall be paid within 60 days of the approval of the agreement. It also states that the payment is not to be construed as an admission of any wrongdoing on the part of E&B Paving or any of its representatives or agents. It is in the best interest of both parties to resolve the matter by the agreement.
The commissioners approved the agreement and also approved a motion to pre-pay the amount, pending the approval of the Marshall County Council during their meeting Thursday, October 10, to come out of the commissioners’ budget.
