January 15, 2011
James J. Jorgensen, Purchasing Director
County of Essex
Hall of Records, Room 325
465 Dr, Martin Luther King Blvd.
Newark, NJ, 07101
Re: Terra Contracting, LLC
Dear Mr. Jorgensen:
CWA Local 1081, the Union representing the 650 non-managerial employees of the Essex County Division of Welfare, respectfully requests you respond to the questions our Union has posed below regarding the contract the County awarded Terra Contracting, LLC not to exceed $375,000 to provide snow and ice removal services for various County buildings for the Department of Public Works. Among those County-owned buildings listed within the contract is 50 South Clinton Street, East Orange wherein our Union's members assigned to the Food Stamp Citizen Services Center office, located on the first floor, work. The contract with Terra Contracting, LLC was approved by the Essex County Board of Chosen Freeholders at their public meeting of November 3, 2010, via the attached Resolution #11:
- While the address listed within the contract for Terra Contracting, LLC is 25 Patterson Street, Newark, as contained within the attached Bid Proposal Compliance Form apparently dated September 17, 2010, the telephone number listed for the business is (908) 810-1314 and the fax number is (908) 810-1514. The business listed online for that telephone number and fax number is that of Steven V Homes, 2190 Morris Avenue, Union, NJ, 08083 (attached), which is apparently owned by Steven Valeira. Inasmuch as Mr. Valeira is not listed on the contractual documentation accompanying the Resolution as the "President, Vice President, Authorized Rep" or "member" of Terra Contracting LLC, can you explain why the phone numbers of his business are also listed for Terra Contracting, LLC upon the contract?
- The signatory representing Terra Contracting LLC as a "member" of the company upon the contract documentation accompanying the Resolution is Lucilia Dias of 74 Mt. Bethel Rd., Warren, NJ, 07059. The sole other "stockholder" listed is Christina Viegas Brito of 804 Madison Avenue, Union, NJ, 07083. Are you aware if these two women listed upon the contract's attached Employee Information Report personally conducted the plowing and ice removal services themselves for the County, or did they subcontract the work? If they did contract the work, do you know to whom?
- The attached Project References document accompanying the County's contract with Terra Contracting, LLC lists the following three entities: 1) Titan Management, 50 Burnett Avenue, Maplewood, NJ, 07040, name of contact Fina Barbossa, telephone number (908) 810-1814 and fax number (908) 810-1514; 2) 228 Burnett, LLC, 228 Burnett Avenue, Maplewood, NJ, 07040, name of contact Fina Barbossa, telephone number (908) 810-1814 and fax number (908) 810-1514; 3) Euro Group Enterprises, 1878 Springfield Avenue, Maplewood, NJ, 07040, name of contact Fina Barbossa, telephone number (908) 810-1814 and fax number (908) 810-1514. Can you please explain why all three of Terra Contracting, LLC's project references have the same contact person and the same telephone number and fax number as respectively listed by Terra Contracting, LLC and Steven V Homes? Were you aware that both 228 Burnett, LLC and Euro Group Enterprises were apparently listed on October 2, 2008 by the Tax Collector of the Township of Maplewood as having been in arrears on their respective property tax and sewer charges in the respective amounts of $10,373 and $5,287.?
- While the attached State of New Jersey Business Registration Certificate for Terra Construction, Limited Liability Company is included with the contract, Ms. Dias did not check off the corresponding Business Registration Certificate box on the attached Proposal Checklist as required. Ms. Dias also did not check off the boxes entitled General Conditions-read, Essex County Contact Person Information, Specifications Technical-read in entirety and Means Bidder must read the item(s). Do you know if this was a mere oversight by Ms. Dias? Do you know why the County's operatives viewing the Proposal Checklist allowed the contract to be sent to the Board of Chosen Freeholders sans the requisite check offs? We note that the Proposal Checklist states "Bidder must initial each of the boxes to ensure compliance and form execution as directed, which Ms. Dias indeed did do despite the fact she did not check off all of the requisite boxes. We note, as well, that Ms. Dias signed the attached Bid Proposal Compliance Form on what appears to be September 17, 2010 which states "Pursuant to public advertisement, we, the undersigned, hereby declare that we have carefully examined the attached bid proposal, specifications and all bid form sheets attached hereto".
- While the attached Decision Memorandum of October 14, 2010 you wrote Essex County Administrator Joyce Wilson Harley, Esq. lists Shauger Cleaning Services as the fourth-lowest bidder for the snow and ice removal contract, the attached Bid, RFP, RFQ or Competitive Contract Information Sheet states that "Shauger Property Services held the previous contract". Can you please explain the difference(s) between the two companies, both apparently owned by the Shauger Group? While our Union is aware that Shauger Property Services has over the past several years been awarded many millions of dollars for construction work by the County for its Turtle Back Zoo, its parks, it's golf courses and its miniature golf and accompanying parking lot, we are perplexed as to why that subset of The Shauger Group had previously been awarded a contract to provide snow and ice removal services for various County buildings for the Department of Public Works rather than Shauger Cleaning services which has apparently also been awarded contracts by the New Jersey Turnpike Authority to sweep the New Jersey Turnpike and the Garden State Parkway.
For your edification, CWA Local 1081's primary motivation in submitting the above cited queries to you is our Union's considerable concern regarding the efficacy of the companies with whom the County has, and shall, contract to provide snow and ice removal services at the County-owned 50 South Clinton Street, East Orange site. As per the attached Revised Step II Class Action Contractual Grievance of January 9, 2011 our Union submitted to the County, the 50 South Clinton Street building on December 27, 2010 was closed and its parking lot not plowed in the wake of the blizzard yet our Union's members reporting to work there that day were charged by the County either a vacation, personal or sick day. Additionally, as I noted to Essex County Executive Joseph DiVincenzo during his Labor Round Table Meeting of January 14, 2011 held with the Union's representing County employees, Orange Park was fully plowed on the morn of January 12, 2011 following the previous night's snow storm while the parking lot of 50 South Clinton Street was not.
CWA Local 1081 thanks you, in advance, for your anticipated expeditious response to this sincere supplication.
Yours truly,
David H. Weiner, President
CWA Local 1081