Friday, June 19, 2015

Contractors Complain About Bidding Process

Two minority contractors complained they were left out of competition for a demolition cleanup on North Avenue, even though neither bid on the job.
The demolition was underway on March 21 when part of the building at 117-125 North Avenue fell onto an adjacent restaurant, crushing the roof and facade. Work was halted and now must be completed before the site can be cleared.

Contractors Rufus Thomas and Oliver Brown spoke Tuesday before the City Council voted approval of Yanuzzi Group of Kinnelon to complete the demolition at 117-125 North Avenue and remove the debris.
Brown said contracts were going out to "people who don't live in Plainfield" and asked why there was no set-aside for minorities, "especially black folk." He said he can't get a loan, but  "churches line up to put their money in a white bank."

When Council President Bridget Rivers asked whether he had bid on the contract, Brown said, "I didn't know anything about it."

Thomas said, "There are only two of us here," referring to his company, Rufus Demolition, and Brown's firm, Oveter's Construction. He spoke at length about the evolution of his company and said, "My trucks are in the parade every year," referring to the city's July 4th celebration.

Brown said he had suffered "nine bad years back to back," although in 2010 his firm was hired to carry out an emergency demolition on North Avenue, with costs that started at $21,000 but escalated to $200,000.

Brown recalled better times when "Mayor (Rick) Taylor gave us a lot of work."

Councilwoman Gloria Taylor, the late mayor's widow, weighed in with a call for "black empowerment," saying she was concerned that black contractors were not included in the current demolition process.
 Actually, a black-owned firm had the March 21 demolition contract but subcontracted with a Newark firm to do the work.

Taylor also called for a set-aside.

In other comments, retired firefighter Sheldon Green said he has been working with the owner of the building that was damaged by falling debris, but he has not been able to find out the proposed scope of work. He called the winning bid "kind of low" and alleged local contractors could not compete because people "bid low" and then the cost goes "up and up" through change orders..

The bid notice was published in local newspapers and also posted on the city web site. Specifications were prepared by the engineering firm Remington & Vernick and the bid opening was held on May 27. The bids ranged from a high of $263,100 to Yanuzzi's low bid of $75,800.

An attempt to table the resolution came into question after Corporation Counsel Vernita Sias-Hill explained aspects of the state bidding law. Taylor asked what would happen if the council voted "no," and Rivers asked whether the city could go back out for bids. As Sias-Hill continued to explain, Councilman Cory Storch asked, "Are you saying we're exposing ourselves to a lawsuit?"

Storch told Taylor, "I support your goals, but the timing isn't good on this particular project."

Councilwoman Diane Toliver said going forward the city should make sure citizens know (about bids), but she said the the demolition site needs to be cleared.

"We can't delay this," she said.
After a metal fence blocking off the site was removed, the city put up a makeshift arrangement of sawhorses and orange snow fencing to secure it. But as Toliver noted, debris was being scattered around.

The council finally voted unanimously to approve the demolition completion and debris removal resolution.

Numerous documents related to the demolition issue are posted on the city web site

--Bernice

6 comments:

  1. Bernice,

    Several things, after which certain councilors need to take several seats and actually read the statute regarding public bidding laws. Councilwoman Taylor should know by now that what she was requesting is illegal under NJ State Law--this is why due diligence (meaning, READ the NJ statutes!) on the part of councilors is necessary before they spout nonsense in their attempts to call out the administration or anyone else in terms of not doing enough for "black empowerment."

    Regarding the two local construction companies--if they didn't know about the request for bids, per Councilwoman Rivers's query, why didn't they? I am glad Councilwoman Rivers asked this question--she knows the law, and she knows that what Councilwoman Taylor was suggesting is flat-out ILLEGAL. I am glad she set the record straight. It is a business's obligation to review advertised requests for bids and to make the bids. The law requires that the bids be publicly advertised--an administration (ANY administration) cannot contact specific contractors to say, "hey, come bid on this because you're a black firm." Oveter's Construction has been around for decades, and CERTAINLY its owner must know the State's local public contract bidding laws by now (the portions pertaining to set-asides were last amended in 1999).

    It expressly FORBIDS what he and the other contractor were asking for, in 40A:11-25: "No qualification rating of any bidder shall be influenced by the bidder's race, religion, sex, national origin, nationality or place of residence or business." This is STATE LAW.

    If they want to get the state law changed, have them contact Sheldon Green's father--a LAWMAKER in Trenton by the name of JERRY GREEN--who was part of making the current amendments to the law to forbid race or business location from being considerations. Perhaps the assemblyman can explain to these black contractors why he thought that statute was a good idea.

    Instead of all the political posturing and blathering by Councilwoman Taylor, she should sit and actually read the law. Instead, to try to inflame the public and open the city to lawsuits, she would rather talk all kinds of silliness to occlude her continuing ignorance of the law. That is a terrible thing for a local legislator to do.

    Rebecca

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  2. The City tried an end run around competitive bidding the first time and it didn't work out so well. Why didn't the complainees submit a bid? How does the City establish a fair market value for any work if not through a competitive bidding process? Or, doesn't it matter? Is this financially oppressed town expected to subsidize its public works projects in order o award work to non-competitive contractors? If so, to what extent are we expected to provide this largesse? 10% more than the fair price? 20% 30 % 100%
    How doe this work? Bill Kruse

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  3. If you are a contractor and ignore the normal advertising methods of projects how exactly is that the cities fault. One would think that you would keep track of these things if this is your chosen profession.

    And to top it off the council would have, had corporation counsel not informed them tried to veto the approved bidder because they felt bad for someone who doesnt seem to understand the state guidelines for bidding on projects.

    You cant make this stuff up in this town i swear.

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  4. Oliver Brown used to illegally dump debris on the city-owned site on S Second & Grant before, during and after grant-funded environmental cleanup. Maybe he owes the city for this cost??? ...If he is a businessman worth his salt why doesn't he keep track of legal notices and municipal web sites advertising public contracts? No he expects to get it handed to him because he is local and black. Come on get with the 21st century.

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  5. What about all these public works projects in Plainfield. You can't find one local on site.not even doing basic labor.they bring their workers in and take our money out. And then leave town its time for a new political paradigm one that empowers. Organizing for Peace,Progress and Prosperity for All. Mr. N.D. Muhammad

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  6. If Mayor Taylor gave Brown jobs, why doesn't Brown know the bidding process. Or did Mayor Taylor give out bids illegally?

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