No contract for Blenheim project

On Tuesday, CEO of Udecott Winston Agard told the Commission of Inquiry investigating alleged impropriety into the Scarborough hospital, that he was also uncertain whether a contract was signed.

Questioned by attorneys for the commission, Agard said Trintoplan were the consultants for the project. In its evaluation report dated October 11, 2002 Agard said they recommended that Ragoonathsingh and Company be awarded the contract. However, he said Warner subsequently got the contract, although they did not submit a tender bid, which was necessary. The absence of a tender bid, said Agard, immediately nullified the bid and it should have been discarded. However, he said the tender was opened.

Agard said Trintoplan, Udecott’s project officer Kurt Lewin, lawyers from Ashmead Ali and Company, Udecott director John Meyer and himself agreed that Warner should have been disqualified. But Agard said at a board meeting in January 2003 the board by a five to one vote decided to accept Warner. He said the board dismissed the lack of a tender bid as a "technicality." He admitted under further questioning that a formal contract could not be located between Warner and Udecott. He was uncertain whether a contract was even signed.

As for the construction of the Scarborough regional library, Agard said Warner got the contract with a bid price of $25.5 million.

Agard said the corporation felt pressured by the THA since the assembly felt that five projects, including the library should be given priority. He said while Udecott’s hands were somewhat tied, at the end of the day there was no influence by the THA as to whom should get the contract.

On this project, Udecott handed over the site nine months before the contract was official. Agard could offer no explanation why it took so long, except to say that the corporation’s legal department may have had too many contracts, as it is in charge of at least 65 projects. Agard also said that to date he was uncertain whether Warner had provided the performance bond, even though it was requested since April last year in a letter signed by him. Agard is expected to conclude his evidence today.

The commissioners are retired judge Annestine Sealey, Dr Chandrabhan Sharma and Eustace Hobson.

Attorneys Trevor Lee SC, Andre des Vignes and Morris Valere appear for the commission with Gilbert Petersen SC, Reginald Armour and Margaret Rose for Rowley and Christopher Hamel-Smith and Jonathan Walker for Nipdec. NHIC is represented by attorney Jason Mootoo.