Friday, August 23, 2019

Roofing Nightmare: Tremco and San Diego State University.

The University bears responsibility for circumventing the competitive bid process.   

Below, you will read that the Manufacturer (Tremco) acted as the salesman, consultant, and manufacturer.  This is patently illegal in Public Works Projects.

I guarantee you SDSU fell for the "we handle it all" sales line.  ONE MANUFACTURER with absolutely no reason to compete.  SDSU didn't do 10 minutes of homework to find out about Tremco.  Tremco does not, and will not, "compete" for anything, period.

California is very bad about this "Exclusionary" theme, and it shows up as red ink.

Type "Tremco school roofing scam" into your browser, and do the same on YouTube.  There are no shortage of projects similar to SDSU.  Tremco was also fined $61,000,000.00 by the DOJ, and is now being sued by the SEC.  SDSU would have known all this but didn't bother.

In this case,  everyone got what they deserved.  Everyone but the taxpayers of course.

NEVER BUY A ROOF THROUGH A PURCHASING COOPERATIVE!!

GOT THAT?


The story:


https://www.constructiondive.com/news/an-inside-look-at-a-failed-roofing-repair/560955/


Tremco, which was acting as a consultant on the project and recommended the use of Tremfix; and subcontractor Sylvester Roofing of Escondido, California, for releasing coal tar pitch volatiles into the structure.



Dive Brief:

  • San Diego State University, inewsource reported, mishandled a $2 million renovation of its College of Professional Studies and Fine Arts building to the point that a former OSHA official called the project, which ended up shutting down the building because of released toxins in the air.  The renovation was supposed to start last summer, but SDSU failed to secure the proper permits in time, so the schedule was changed so that work would begin in early 2019 when students were on break. After heavy rains, crews used Tremfix to seal the many roof leaks, but an aging and malfunctioning HVAC system failed to clear the building of vapors from the chemicals, which entered through nearby fresh air ducts on the roof. Testing revealed that the level of coal tar pitch volatiles was just under OSHA’s safe limit and above the National Institute for Occupational Safety and Health's limits, even though crews tried various methods — some disruptive — to remove the fumes.
  • After many complaints about the air quality, the university moved staff and faculty to another building. As it turns out, the financial deadline that was driving SDSU's decision to push forward with construction while it was occupied is in 2020, not this year, as officials believed. ​


Dive Insight:

The Safety Data Sheet for Tremfix, a Tremco U.S. Roofing product, states that certain levels of exposure to the product could cause allergic skin reactions, genetic defects and cancer, as well as potentially affect fertility or the health of unborn children. As with similar roofing products from other manufacturers, one of the many precautionary statements around the use of Tremfix advises those exposed to its dust, fumes, gas, mist, vapors or spray to wear the appropriate personal protective equipment. 
Health complaints related to the fumes in the building included vomiting, nosebleeds and migraines. The San Diego County Air Pollution Control District cited SDSU; Tremco, which was acting as a consultant on the project and recommended the use of Tremfix; and subcontractor Sylvester Roofing of Escondido, California, for releasing coal tar pitch volatiles into the structure.
The university is planning another $12 million in renovations, including a new $2.5 million roof. The building reopened in May but is mostly vacant and likely won't be fully occupied until the next round of construction work is finished in 2021. 
On a positive note, SDSU is making progress on its proposed $3 billion Mission Valley mixed-use development, which will include a football stadium, residential, retail, office buildings, two hotels and 90 acres of parks and plazas. This month, the university announced it had completed the project's Draft Environmental Impact Report (DEIR), which will be open to comments through Oct. 3. Pertinent comments will be addressed in the Final EIR. ​

Recommended Reading:

Thank you for spending time with me here.

Reject negativity in all forms, and always rememnber to keep looking "UP".

Respect.

Ron

Thursday, August 15, 2019

"Public Roofing Oversight

Friends:

The purpose of this site is to increase public awareness of "Predatory Sales Models" and "Exclusion" of  fair competition in public works.


I write it to help:  

Architects, Public Administrators, Contractors, Consultants, Manufacturers, and Distributors, who are all affected by "Proprietary Specifications".  

A sales trick to eliminate all competition for taxpayer money.  A complete SCAM,  NEVER buy a roof through a Purchasing Cooperative unless you want to pay a 50% PREMIUM for common roofing materials.

Everything I say here is backed by  public record, and subsequent documentation.  If I say something that is factually incorrect, I will retract it.  Constructive criticism is encouraged, and welcomed.


NOTE: Retired 2003, do not solicit nor accept, compensation or personal advancement of any kind.


*Revised November 16, 2019.



In the upper left search box, please type keywords:  School Roofing Scam, Purchasing Cooperative, Taxpayer abuse, Tremco, Garland, sole source, RCI, NRCA, Honor, Fairness, Competition, Public Procurement,etc.

Approximately 162 posts all told. 

Highly recommended is Roof Consultant's Institute who provide necessary data, and support.  


"Self Advocacy Tools"


Please NOTE:  IIBEC 

http://rci-online.org/news-and-advocacy/self-advocacy-tools/


FACT:  Garland, and Tremco do not make half the products they sell, and are not found in any local roofing supply house. It must be trucked in from Ohio.  You are essentially exporting 70% of your local tax dollar to other economies. 

FACT:  Garland, nor Tremco will "Compete" for anything.  Don't believe me?  Tell your Garland, or Tremco Representative that you want to include other manufacturers to the bid list .  Watch their faces, and I GUARANTEE they will run away.


But Ron, the purchasing cooperative says they won by "competitive" means.  This an outright lie.  The Cooperative lies to increase their commissions.  U.S. Communities listed 55 pages of BLANK line items from Garland.


Since I noticed the blank documents, they have come up with this convoluted mess:

https://www.garlandco.com/us-communities

The "Response Package"

https://www.garlandco.com/uploads/misc/14-5903_RESPONSE_PKG_FOR_WEB.pdf


YOU, and all  taxpayers should be concerned that we are paying upwards of 50% MORE for roofing and duped into thinking you've received a value.  The opposite is true.
  
If you are working with a Purchasing Cooperative, your district is taking a beating that is 100% avoidable.  Certainly, I've illustrated the scam that is undeniable. 

I know all the manufacturers, and have installed millions of sq. ft. of any subset of roofing.  Steep slope, single ply (EPDM, TPO, PVC), built up, modified, etc.  I've successfully completed over 100 public schools, and know what I'm talking about.


If I don't know the answer, Roof Consultant's Institute (RCI) will.  RCI is the standard for roofing excellence, and an honorable organization with top level consultants.


Many are Architects, Consultants, Engineers, Contractors, Manufacturers, etc. ,ALL are credentialed, and will have someone near you.


I do not belong to any organization.  A lot of my work is very sensitive, and may cause discomfort through association.  They are not allowed to speak freely, while I can tell the truth without fear of reprisal.


Please understand that I have no beef with individuals trying to make an honest living.  It's the "Predatory Sales Model" I despise.  I do not want to "Exclude" those mentioned, and welcome them to any public bid list.  Repeat, I do not want Tremco or Garland "Excluded" from anything.  They should get the same opportunity like everyone else.


IF YOU ARE NOT COMPETITIVE IN THE PRIVATE MARKET, YOU ARE NOT COMPETITIVE IN THE PUBLIC MARKET.


Doesn't that make sense?


Instead of "Favoritism", we seek fair competition for our own tax dollars.  


Roofers will decide all things roofing, and not elite sectors who are without credential, experience, or the exhaustive safety training it takes.  


"My name is Ron, and I'm a roofer.........For some reason, feel like I should be at an AA meeting."


Just so I don't come off like a 'Lone Wolf", will share what the National Roofing Contractors Association (NRCA), and Roof Consultant's Institute (RCI) have to say:


Reference:


From Roof Consultant's Institute:



http://rci-online.org/news-and-advocacy/policy-statements/


June 21, 2012 RCI’s Position Statement applies to all publicly bid work, including federal, state (provincial/ territorial), municipal, and local government projects or otherwise taxpayer-funded projects in which RCI, Inc. members may participate.

Projects not under the procurement requirements of government agencies or that do not utilize taxpayer funds should also employ similar fair and impartial procurement practices. It is the position of RCI, Inc. that all public work and taxpayer-funded projects clearly adhere to all applicable procurement regulations, maintain the highest levels of transparency and value, and comply with the following principles.

In addition to the owner, projects should involve three distinct entities: the design professional, the manufacturer (or supplier), and the qualified contractor (contractor).

1.) The design professional should be selected by the owner based on qualifications, experience and past performance. The design professional should prepare contract documents to be in compliance with all applicable code requirements (including but not limited to fire, wind, drainage, thermal resistance or performance, warranty and environmental requirements).

Contract documents should not be proprietary or exclusive to a manufacturer, a supplier or a qualified contractor. A product or system that may be able to be produced, supplied or installed by other competitors but is not, is considered a proprietary product/system. Procurement regulations have specific procedures that are required if proprietary materials or systems are to be considered. Design professionals are discouraged from utilizing proprietary specifications.

All projects should utilize a minimum of three manufacturers or utilize materials commonly available from three manufacturers. Systems should be selected to meet specific performance criteria or standards. The design professional must adhere to all state (provincial/territorial) licensing requirements and carry the appropriate errors and omissions insurance.

2.)  The manufacturer and its suppliers should provide the materials and systems adhering to the contract documents. A manufacturer should not act as the design professional unless qualified to do so, and should state in writing and publicly its financial interest in the specifications/requirements provided. Contractual obligations or agreements should not exist between owners and manufacturers. Proprietary and/or exclusionary specifications intended to limit competition among manufacturers, suppliers and/or qualified contractors are strongly discouraged.

Manufacturers are encouraged to provide data, RCI, Inc. Position Statement on Procurement – Support Document information, or other assistance to qualified contractors to determine the best use and application of their materials and systems. Manufacturers should not control material specifications.

3.)  The contractor should be contracted directly to the owner. At no time should any contractual or financial obligation or agreement exist between the design professional and manufacturer, or the design professional and the qualified contractor, or the manufacturer and the qualified contractor. At no time should the manufacturer act as either the design professional or qualified contractor. At no time should the design professional act as the manufacturer or contractor.

4.)  Design-build delivery methods are acceptable under the following conditions: (a) The principles noted above, are met. (b) Design build delivery maintains a competitive bidding/tender environment among all parties: designer, contractor, and manufacturer. (c) A design-build contract is used to ensure that a clear line of responsibility for the design and compliance with code is established. It is the position of RCI, Inc. that the use of "buy boards,” group-purchasing agencies, and all similar purchasing models in any type of building construction, remediation, or rehabilitation are not transparent, do not ensure compliance with the minimum requirements of the codes, do not provide a competitive bid situation, and should not be utilized.

----------------------------------------------------------------------------------------------------------------

This is what the NRCA has to say:  Click to enlarge.




There you have it.  The largest roofing organization (NRCA), and the premier Consultant's organization: RCI (Roof Consultant's Institute) have spoken, and any reasonable person will agree.



Please help stop this assault on taxpayers, and school maintenance budgets across all of North America.  The "Scam" is impossible for them to argue, so they take the position of  subterranean termites, and hide.



NOTE;  Retired 2003, do not solicit nor accept, compensation or personal advancement of any kind.




Reject negativity in all forms, and always remember to keep looking "UP".

It is humbling that anyone cares one bit about what I have to say, and please know I am thankful for your time.

Respect.

Robert R. "Ron" Solomon

Public Procurement Analyst
State Certification  CCC 1325620
Licensed Consultant
Tampa, Florida  33647




RobertRSolomon@aol.com

Wednesday, July 24, 2019

Contractor facing federal kickback charges

Friends:

The lowest life forms always seem to find each other.

https://www.constructiondive.com/news/contractor-facing-federal-kickback-charges/559404/

It is my hope that someday "Ration" overcomes "Greed".  Foolish as it is to dream.

Rampant "Greed", and "Bid Rigging" are rampant, but will keep chasing those who steal from taxpayers.

Anyway, check out today's story:


Contractor facing federal kickback charges







(Credit: Fotolia )

Sunday, July 14, 2019

Tremco to be sold?



RPM eliminates its 'poison pill' provision





Dan Shingler
Crain
's Cleveland Business
 Email Print 

Sunday, May 26, 2019

Cobb County Procurement Decision is Win for Industry! Taxpayers rejoice. Much Respect to IIBEC Members.

Friends:

Today, I will rejoice.

Utmost respect to the entire IIBEC Team.  

Mr. Brian Gardner, a warrior,  has contributed many years to the discipline, and this particular objective.  

Here, I will thank him from the bottom of my heart, for a tireless spirit, and in service to others.  First hand, know the anguish, pressure, disappointment, and heartbreak he's endured.  Brian has "Determination", and an uncommon will to achieve.

Mr. Scott Hinesley, a true Professional in every way.  I admire Scott as a wonderful family man, and is glorious in his pursuit of all things noble.  If Scott tells you he knows a three legged raccoon that can tap dance, play a tambourine, and whistle "Dixie", believe it.

That's for you WH, my dear, and Honorable friend.  All Praise, and Glory to "Brother Jake" for his selfless contributions in service to his country.  'Never Forget".  AAOOAAHH!

Mr. Tom Gernetzke, Past President of RCI, hard working, caring, and has the full respect of our entire industry.  A finer person, you will not meet.  A great inspiration to me personally.

Each of them known to me, and all "Honorable" Men.  I stake my reputation of 45 years on each one.  I'd gladly confess to a homicide for any one of them.

They stood by me, when few would.  At times, can be a bit too "energetic" for my own good. 

I've spent ten years writing about "Public Roofing Oversight", and trying desperately to get through to anyone who would listen.

My Honorable Colleagues have freed me from great burden.


Every School Board Member in North America should thank them for rescuing school maintenance budgets from "Purchasing Cooperatives".

Roofing is the costliest item in public maintenance. 

Instead of "Exclusionary Practices" promoted by Purchasing Cooperatives, will follow a fair, competitive, open, and inclusive, bidding process.  Can you hear me fellow taxpayers?

Thank you to Cobb County Commission for listening, and doing the right thing.  

The fair, reasonable, rational, and Honorable thing.

By doing this, suspect taxpayers will be saving approximately 40%-50% on Roofing, and Roofing Services.

You will also retain approximately 70% of your local tax dollar since most manufacturers are locally distributed, represented, and installed.

https://rci-online.org/iibec-members-meet-with-cobb-county-officials-to-discuss-construction-procurement/






Cobb County Procurement Decision is Win for Industry

cooperative purchasing
By Director of Industry Affairs Brian Gardner
IIBEC Georgia Chapter members from Cobb County, GA (Past Presidents Pat Downey and Arthur “Chip” Ward), IIBEC First Vice President Scott Hinesley, and Director of Industry Affairs Brian Gardner met in April with Cobb County purchasing administrators to discuss the county’s procurement of construction via cooperative purchasing.
On May 14, Cobb County (Georgia’s third-most populous county), which had previously utilized cooperative purchasing to procure roofing projects, decided to no longer use cooperatives in such a manner. This decision will have national repercussions, as Cobb County served as an administrator for a nationwide cooperative roofing program.
“Our team was very impressed with Cobb County officials, as they professionally considered all of our arguments and did their own due diligence. We are very pleased these dedicated professionals decided to procure roofing via design-bid-build with the assistance of independent design professionals,” remarked Pat Downey.
“Cobb County administrators engaged with us in a highly professional and substantive manner. I, as a county taxpayer, especially appreciate their interaction with our team. I believe this is how government and industry should work together to provide sound, smart, and efficient public policy,” stated Chip Ward.
“This is terrific news for taxpayers and IIBEC members. The fact that Cobb County has now made this important decision is the result of a job well done,” commented Mike Clark, past president of IIBEC and a Georgia Chapter member.
“I applaud Cobb County’s decision and thank them for providing us an opportunity to present our case for responsible procurement,” remarked First Vice President Scott Hinesley.
“We congratulate IIBEC Georgia Chapter for its superlative efforts in promoting responsible construction procurement,” EVP/CEO Lionel van der Walt added.
“This is an excellent example of an effective grassroots “boots-on-the-ground” effort by IIBEC chapters to promote responsible construction procurement in their local area,” stated Advocacy Committee Chairman Tom Gernetzke.

    • These fine men should be applauded by every person in the roofing discipline. Manufacturers, Distributors, Consultants, and Contractors. Most of all, the TAXPAYERS..
      It is never a good idea to limit competition in favor of a single vendor on any Public Project..
      The significance cannot be properly understood by the layman, but I happen to think it’s the most courageous, dedicated, and tireless, effort I’ve ever seen in this industry. (45 years)
      My Friends Mr. Scott Hinesley, Mr. Brian Gardner, and Mr. Tom Gernetzke. should wear this achievement as a Badge of Honor..
      I’m very happy the Cobb County Commission was receptive to “Fair Competition” for the taxpayers. This affects all 50 States, Canada, and to a degree, the United Kingdom.
      I’m so happy, I could cry. Thank God I lived to see it.
      Thank you from the bottom of my heart to EVERYONE who participated in the effort.
      Tonight, I’m going into my neighbor’s garden (Mrs. Chen), pick some flowers, start building a “Float”. for them, and pull it down Main Street, USA.
      Much Respect.
      Robert R. Solomon
      Public Procurement Analyst
      Fla. Certified CCC1325620
      Tampa, Fla.
      ---------------------------------------------------------------------
    • It would be horribly irresponsible, and unspeakably rude, if I did not thank my inspiration, Ms. Janet Campbell.  A wonderful person who is a guiding light.
    • Please see her fine work: "School Roofing Scam" loaded with public record, investigative reports, and videos.
    • With that, I will suggest you reject negativity in all forms, and always remember to keep looking "UP"
    • Respect.
    • Ron