Contract awarded to higher bidder

Following a recommendaton from Public Works Director Mark Storey, Whitman County commissioners Monday approved $3,798,330 for construction of a new solid waste transfer station to Halme Builders, the highest bidder on the project.

The 3-0 vote was taken over the objections of the low bidder on the project, Clearwater Construction of Spokane. The Clearwater bid was $246,510 under the Halme bid.

In a workshop session Monday before the meeting, Storey told commissioners that Clearwater was contesting the bid award.

Paul Clary, president of Clearwater, attended the Monday vote on the bid award, but did not comment.

Commissioners conducted a public bid opening March 17 for the new waste transfer building project off Carothers Road and received the two bids.

Clearwater submitted a base bid of $3,551,820, and Halme of Davenport put in a base bid of $3,798,330.

A March 25 letter from Storey to Clary said during a review of the bids, they found three required items missing from the Clearwater bid. They included a form of agreement to Affirmative Action and listing of two of the major suppliers, all of which were specifically required.

Storey also said in the same letter that after reviewing the bids the department would recommend the higher Halme bid.

“At this time we believe it is in the best interests of Whitman County for staff to recommend that the Board of County Commissioners award the project to Halme Construction on Monday, March 31,” Storey’s letter said.

Storey confirmed to commissioners at the workshop that after speaking with county Prosecutor Denis Tracy, he intended to recommend Halme be awarded the contract.

“We are clearly in the right,” Storey told commissioners.

In a written response to Storey’s letter, Clary replied that the bid should still be awarded to Clearwater.

“Based on the letter we received from the Whitman County Public Works Director (Mark Storey) on Wednesday, March 26, 2014, stating that it is the intention of Whitman County staff to recommend award of the transfer station to the second bidder, we hereby request that the Board of Commissioners make award to Clearwater Construction.”

Clary cited a March 20 letter which he had sent to Storey outlining his reasons for wanting to be awarded the contract.

“While we understand that Clearwater’s bid documents had minor irregularities, we also realize that these are items within the purview of the county to waive as minor, and with $246,510 of public money on the table, an award to Clearwater is firmly in the best interests of the public,” Clary said in his second letter.

The letter also said that after receiving and reviewing Halme’s documents, Clary said it was clear that there are minor irregularities with their bid, “creating no merit for passing over the first bidder to go to the second.”

An example the letter cites is that Halme names ML Albright for the gravity block wall, but Clary contends that Albright is neither a certified pre-caster, nor capable of designing this wall.

Clary also cites Halme’s documents include the wrong dates shown on bid documents.

“In light of the facts, the only options for moving forward are to award to Clearwater and save the public $246,510, or find all bids irregular and re-bid the project,” Clary’s letter concluded.