How the County of Essex awarded the contract for a massive project along County Roads 42 and 43 is being contested.
The Heavy Construction Association has asked for a judicial review, alleging the process used to pick the contractor wasn't fully transparent. It alleges the county used a "limited tendering option."
"In order to preserve the competitive procurement process for public projects, the Heavy Construction Association of Windsor has challenged the county's decision," said a statement from the Association on Tuesday morning. "Our Association has initiated this proceeding for the benefit of the tax-paying public, road users, and the road-building industry."
The project, which will take place in five phases, is the single largest undertaking by the county and could take five to seven years to complete. It will include new roundabouts, bike lanes, sidewalks, and multi-use trails along County Roads 42 and 43 in Tecumseh and Lakeshore. The county expects it will improve traffic capacity along a busy stretch of road connecting Windsor to Lakeshore.
A Request for Tenders for Phase One, between Concession 11 and Pike Creek Road, was issued on April 5. The county extended the closure to May 24.
Just two days before it closed, one of the potential bidders provided a "Contract Hardship Action Form" seeking to transfer risk to the county. It cited the volatility in prices for fuel, materials and excess soil.
A report to the county councillors said, ultimately, no bidders came forward, so it directly approached contractors to negotiate the costs without putting the project up for tender again.
"Administration had discussions with two potential contractors to gain an understanding of whether or not limited tender is advisable in this situation," said the report dated September 7. "Only one of the contractors approached can actually commit to undertake the project at this time should the county proceed with a limited tendering process and resulting contract."
In a statement to WindsorNewsToday.ca Tuesday afternoon, the County of Essex confirmed it used limited tendering but otherwise followed proper procedure in awarding the contract.
"The County of Essex pursued limited tendering, in full compliance with its Procurement Policy, after receiving no bids on the County Road 42/43 project after a request for tenders in the spring," read the County's response. "This issue was the subject of an extensive report and discussions at a public meeting of County Council on September 7. The County considered putting the project on hold but believed after careful analysis that the project was too vital to delay. Any delay could jeopardize the success of the new battery plant in Windsor as well as the work underway for a new regional hospital. After ensuring its Procurement Policy was followed, and after reporting on the matter publicly, the County awarded the contract to Piera Con Enterprises Inc., a member of the Heavy Construction Association of Windsor."
The County has declined further comment since the matter is before the courts.
The full project is expected to cost $29-million.
