In 2018, Northampton County Council adopted a "responsible contractor ordinance." It requires all contractors who are bidding on county contracts valued at or over $250,000 to have in place a Class A apprenticeship program for each craft or trade employed. This ordinance was adopted despite claims by one long-time county contractor, Ric Reppert, that it would render his company ineligible to bid on future work. That's because his employees learned their craft through on-the-job training or a technical school instead of an apprenticeship that is more common in the trade unions. He argued the ordinance, if adopted, would limit the labor pool and favor unions. The county countered that this law would ensure that county work is done by skilled workers and ultimately save the county money. A federal lawsuit attacking this ordinance failed because, as Judge Edward Smith observed, there was a rational basis for requiring an apprenticeship program. While there may be a rational basis for this law in legal theory, how have things worked out in the four years since this ordinance was adopted? Is the county having difficulty finding bidders for construction projects? Or has it saved taxpayers money? This was a concern raised by Council member John Goffredo last night at a committee meeting.
At issue was a $261,000 bathroom replacement project at Louise Moore Park. Bids were sought for a general contractor, electrician and plumber. There was one bid for electrical, one bid for the general contractor and no bids were received from a plumber despite two bid attempts Public Works Director Mike Emili stated the county was then forced to seek out a plumbing contractor based in Reading.
"I think it's causing a problem," noted Goffredo, who himself is involved in the contracting business. He added that some of the contractors chosen are from outside the Lehigh Valley as well. "We know when nobody is bidding jobs, and then we jack our numbers up. ... It's not good when we're only getting only one bid over and over again." He indicated nonunion contractors would abide by the living wage standard of a county contract, would be local and would be required to post a bond.
Fiscal Affairs Director Steve Barron countered that many contractors decline to bid because of supply chain issues, unavailability or an inability to meet timetables. He agreed with Goffredo's assertion that this could make the county "vulnerable" to bidders, but the county also solicits "experts in the field" and Purchasing to ensure the best deal possible and often favors vendors with whom they've worked well in the past. In some instances, like the jail's food contract, there usually is only one contractor who can meet the specs. He added that, when forced to negotiate directly with a contractor, the county will bring the contract to Council, as it did in this instance.
"We have tons of people who access our bids all the time," noted Barron.
Council member John Brown echoed Goffredo. "There are a number of contractors in this county that would be bidding on a number of these projects and we don't really have a frame of reference. I think it's artificial and I think it's costing the county taxpayers more money in the long run. You're taking money out of local company businesses that could be doing work for the county, that have done work for the county prior to the [Responsible Contractor Ordinance], ... I think it's a disservice to the taxpayers of Northampton County."
The county's forensic center, located at Gracedale's campus, is the biggest project undertaken since the Responsible Contractor Ordinance went into effect, Barron noted it was finished ahead of schedule and under budget. I believe Executive Lamont McClure told Council previously that one of the contractors involved was nonunion.
While it's certainly true that the number of bids for a bathroom replacement at Louise Moore Park is low, it is unclear to me whether that is the norm. After four years of a responsible contractor ordinance, there's probably enough data to determine if taxpayers are being exploited or well-served. I will try to find out, but it will be a bit of a project.
Barron must dance to his union masters' drums. They own McClure.
ReplyDeleteMy company was boxed out. I employ 24 great people in Northampton County. 18 of us live here and pay county taxes, as well. This is a union protection racket. All of us who used to be eligible to bid know this. I've made clear to my employees why we're not able to bid on county work, and that their elected county officials hate them and would prefer them jobless and needy. I think they get it. The weird thing is that business is very good, and we're far more welcomed and appreciated outside our home county. But NorCo is happy to collect our taxes and put us on the streets if we don't pay. That's nice.
ReplyDeleteContractors are not bidding because they can choose private work that does not involve red tape. Save the equal opportunity bullshit because it seems to be smoke and mirrors with an exusionary ordinance. Prevailing wage adds 30% to the labor costs.
ReplyDeleteGovernment in this country is a disaster -Politicians are the scum of the earth -look at the results on all levels--our system sucks we must revamp out total system of government we will never do this because it is the scum ball politicians who would have to do it.
ReplyDeleteWe the people , you must be scum too
DeleteIt does appear to be restrictive for many contractors who are capable of doing the job. Wouldn't a requirement of a bond to ensure the job was being done properly, and satisfy the "concerns" of a contractor not having qualified workers? Doesn't NorCo have an engineering firm that would sign off on each portion of a project? I'm all for Unions, but most who work for small businesses aren't in a Union shop. They shouldn't be excluded from making a living.
ReplyDelete8:42, I just realized the RCO applies to contracts over $250k. Thus it would have no application to any of these contracts at Louise Moore Park. Nonunion contractors could have submitted bids. So the lack of bids seem to be more a function of supply chain issues and an inability to meet deadlines, as Barron stated.
ReplyDelete8:42, I just realized the RCO applies to contracts over $250k. Thus it would have no application to any of these contracts at Louise Moore Park
ReplyDeleteSo Brown & Goffredo and the above commenters are all full of SH&^, another political stunt by a brat kid (of an ABC Company) and a disgraced deposed Executive when all these so called comentors could have and should have bid this project yet they didn't why?
I wonder who from the administration posted this...
DeleteThe ordinance smells like a veiled attempt to steer work to union companies. Barron is the same guy who walked a picket line at Verizon on county time. Same guy who was an adjunct professor on county time. People have short memories.
ReplyDelete11:28- You beat me to the comment. Barron should have been fired for theft of County Services. He got lucky that his carpet baggers were willing to look the other way. He has a lot of nerve to now take the high moral ground.
Delete9:28 you must be one of those scum politicians.
ReplyDeleteYou must be one that lost
DeleteBohare to 11:28, that was the legal objection to this ordinance and it was rejected in court. I do agree that many nonunion companies have no apprenticeship programs. But I believe ABC has made inroads in that area. I do think union labor does tend to be higher quality precisely bc of apprenticeships. But I think having a local contractor is more important than a union contractor. The objections raised by a reader are well stated.
ReplyDelete8:42
ReplyDeleteNo union. No Jobs,
It’s time that any job that is to be done for the county needs to be done with Union Labor.
People need representation and workers get no respect from employer’s of private contractor firms. We need a living wage, benefits, and unfortunately the contractors that I worked for are very cheap when it come to salary and benefits and sick time. Screw them, I will only work for union jobs and my work is fantastic.
That’s good for you. I see UAW leaders locked up left and right. Teamsters leaders same thing. UAW has tried to organize Nissan plant in Tennessee twice to no avail because union leadership and unions in general have become more interested in politics than their membership. I was a union member for 22 years they did nothing for us except take our dues and pay exorbitant salaries to leadership.
DeleteIs this the kind of work where 6 guys stand around and watch one other guy work? 😆
DeleteCould they be trying to avoid a scenario like the one where a 16 year old "apprentice" tree trimmer was killed in a wood chipper accident where there were no rules in place for the safety of apprentices as there are for contractors , union or not, who follow responsible contractor apprenticeship programs?
ReplyDeleteTo understand this abomination of an ordinance one must start by researching the origin of the ordinance, how it has been pushed all over eastern PA by a Washington DC law firm (self-advertised as the largest union lobbyist firm in the US), note how the misleading title "responsible contracting" is used to distract from the real purpose (to freeze out non-union contractors) and watch how local politicos owned by the unions advance it as the best thing sliced bread.
ReplyDeleteI would rather award the contract to an American-born union member rather than some company using Spanish speaking only employees who arrived in this country via a boat and willing to work for low wages and still get some sort of government assistance.
ReplyDelete6:25
ReplyDeleteYou Fu….. conspiracy theorists. What a bunch of Bull Shit.
Maybe BO believes this?
I neither know nor care how the RCO originated. I support it generally, but it should be amended to enable local nonunion bidders when local union bidders are unavailable.
ReplyDeleteMaybe knowing where the RCO came from would be a worthy endeavor.
ReplyDeleteI know a guy that Was in the electricians union in Philly. He is so bad he did work at my house and was chastised by my electrician brother for doing work waaaaay out of code that was a threat to my home and family. My brother spent the afternoon fixing the union job while the union electrician drank beer on my couch. Don't see him much these days but I his main goal was to move into the union hall to make the big bucks. Unfortunately for him, he was booted from the union for cause. Bad electrician and even worse politician.
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