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Kingfisher County awards asphalt overlay contract to Haskell Lemon despite Atlas Paving protest

Kingfisher County Board of County Commissioners · February 17, 2026
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Summary

During public comment, Atlas Paving urged commissioners to rescind the award of Bid #8-25-26 to Haskell Lemon, arguing test failures on a July 2023 project were due to compaction and not materials and that re-awarding would save about $219,000; the board approved the contract and notice to proceed.

Chairman Mike Sparks and Commissioner Anthony Schwarz approved a construction contract with Haskell Lemon for Bid #8-25-26, an asphalt overlay project for Districts 1 and 3, after a public protest from Atlas Paving.

Jeff Smith of Atlas Paving addressed the board during public comment, saying Atlas was the low bidder on the job and arguing the county had wrongly favored Haskell Lemon. Smith said a referenced July 2023 five-mile project cited in earlier deliberations did not belong to Atlas and that test failures on that project were confined to roughly 1,000 feet (two of 50 lots) and reflected compaction issues rather than material quality. "I took a six-minute video of it and I can tell you that job is immaculate, with the exception of maybe 250 feet," Smith said. He urged the county to "resend their award to Haskell Lemon and award to us, the rightful low bidder," estimating the county could save about $219,000 by doing so.

The minutes record that Commissioner Anthony Schwarz moved to approve the construction contract and Commissioner Mike Sparks seconded. The recorded vote on the motion lists Moss—Yes, Sparks—Yes and Schwarz—Yes; the motion carried. The board also approved a separate motion to issue the Notice to Proceed on the same bid, authorizing the project to move forward.

The record shows no substantive response on the floor from Haskell Lemon representatives to the Atlas Paving protest; Chairman Sparks thanked Mr. Smith for his comments. The minutes do not document any follow-up staff report or reconsideration of the award. The board’s actions, as recorded, finalize the contract award and clear the way for the contractor to proceed.