Here are links to the 4 documents WITHOUT THE BLOG ----MUCH BETTER bigger and easier to read WITHOUT OPINIONS of me and my readers:
MayorGiminezRequestforOpinion- ISDProject No.E13WASD-01R.pdf
Professor Alfieri-Ethics Opinion Dated October 28, 2013-1.pdf
Apparently we have the lawfirm of CH2M that wants to be heard too. Although I think it is not part of the discussion, everyone can be heard.
No garbage on any of the people writing, I just want your opinion. All the documents are in 2 blogs I just wrote. Only use the following links if you can't get the links above to work. Do not read the blog or the comments just read the documents.
Mayor request for ethics opinion.
Opinion of the Office of the Inspector General.
Opinion based on Mayor's request.
Paid for Opinion by an Ethicist
These are not long documents but the bid is worth $1.6 billion dollars. Our biggest contract on the horizon. Remember that the Alfieri opinion was paid for by one of the bidder's interests but he is a respected ethicist. Note the Mayor's request is narrow. Alfieri was not limited as was the other side. We should do the right thing and your intelligence is needed. It appears the Mayor is trying....I look forward to your opinions. Remember, we will be hearing from both sides in the comments (saying they are not) so your input is critical. Don't get side-lined into bashing personalities and complaints. I will remove those.
52 comments:
Let me start by saying I'm am not on either of the CH2M or AECOM teams. With regard to your concerns over the "Cone of Silence", you have a right to be concerned. It is ambiguous. The question is: "Is it ambiguous on purpose?". The whole code outlines the prohibition against contacting pretty much anyone except for the Procurment Officer and the Clerk. However, after laying that out over many pages, the last sentence says "written contact to any county staff, or rep, at any time is allowed (paraphrasing)". It seems the last sentence can be used to erase the entire Cone. Seems like the last sentence undoes the "intent" of the cone. Whether the Cone of Silence is useful, or actually hampers getting the best deal is another argument for another day.
Now on this particular procurement, odds are, if the County threw this out and started over, the same 2 companies would be the only respondents the 2nd time around. The only difference is, it would take another 18 months (at least) to get a project manager on board. In the meantime, businesses looking to expand in the urban areas or open new locations will have a hard time doing so becuase the current infrastructure (pump stations)are over capacity and don't work, causing a moratorium on construction permits. I know you think this is good. But the only place there are moratoriums is in the urban core, where you want infill. The newer infrastructure out west is not at capacity and there generally are no moratoriums out there, forcing the only allowable construction westward.
I'm tired of typing. More later
M
I am too lazy to read anything. Just tell me what to think.
I'll tell you what to think: this whole bid should be re-done because there is NOTHING related to sea level rise in the infrastructure plan by DERM. A Joke! A billion and a half dollar joke. If voters can't get reality out of the county commission and mayor, it is time to swap them out for new candidates who can.
You can't simply rebid. Too bad. I agree with the writer above. Let's rewrite this it is too big a contract to award the way it is.
After reading some of the differing points of view, it appears the whole procurement process is flawed. The procurement code needs to be revised to both streamline the process and eliminate wiggle room.
The Mayor was stuck so he asked for an ethics opinion which said the process was not flawed and to award the contract to CM2H. If I were the other company, I would go to court to sort this out.
Pete Hernandez, the former Mia City Mgr under investigation by the Feds is head of AECOM. That should mean something to the selection committee, but doesn't.
Pete Hernandez was extremely honest and one of the best City Managers at the city of Miami.
Even given a response to a Consent Decree with all these federal agencies, I think CM2H felt the fix was in for them. Consequently, they prepared a sloppy proposal for a $1.6 billion contract feeling it was a shoe-in for them.
I don't know of any company bidding on a tiny contract of a few thousand dollars who would not have a very detailed project approach. In fact, the guts of a proposal IS the project approach. A part of that approach would include a description of the tasks involved, exactly who would be doing specific tasks, their qualifications, time to tasks, hourly rates, project timelines, etc. So CM2H missed the essence of the proposal.
As far as I am concerned, absent that information, only AECOM should have been invited to the second tier meeting. CM2H was non-responsive without an approach. I guess what they submitted was boiler-plate information on the company's experience.
You have three opinions which have problems with the late after-the-fact submittal by CH2M and the subsequent award of the contract to them. That says a lot. So, the public has a right to question the efficacy of the original proposal by CH2M, the legality of the later submission, the judgement of the selection committee, and the final award of the $1.6 billion dollar contract to CH2M.
The Mayor is in a pickle here. He faces a potential lawsuit no matter what course is chosen. That said, I would probably throw it out and start again, and live with the consequences.
Pete Hernandez promised his company Aecom that this project will his to take long before they county started the solicitation? Why
CH2M HILL is the number one engineering firm in the world for this type of work for the past 10 years.
They won the project fair and square, there fore the mayor MUST award it to them.
The county attorney should be listen to for the award. He is saying it is for CH2M HILL
Pete hired every single lobbies in Dade county Maloof, Lobes, dele grande and manny manny others ... Why
Like someone said, he hired all the scum bags in Dade county he new when he was in the county
Pete was the deputy county manager, and he thinks he is in titled to the project
I watched both teams present, and I know both teams won.
The mayor is BOUGHT if he awards it to AECOM .
I meant to say I know them well, not won
Well, it is clear CH2M was not concerned about a project approach! All they was concerned about was the $1.6 billion. Normally, a strategy is developed, a defined work plan is organized using various tools such as outlines, schedules, heat maps and the like. From there time estimates are made for completing each component and phase of the work. Using those estimates, money is calculated for each task, along with overhead costs and profit, and bingo, you arrive at the cost of the project. In the case of CH2M, just give them them money they would figure out what to do and how to spend it later. A lot of people can be qualified, but exactly how would you do this high profile job? A statement of qualifications is just cut and paste or just punch a button, write a cover letter, and put a cover on top. Little wonder the county staff had a big problem with them. This is why the late submittal was over 400 pages long, they had not brainstormed the effort to develop a plan. Imagine being lazy with $1.6 billion, the urgency of the community, the involvement of the courts along with all these federal agencies, and the reputation of the company at stake? No, we don't need anyone that nonchalant handling this serious problem.
It's very clear that CH2M won the solicitation fair and square, both the county attorney and ethics commission agree and are in support. Therefore, the Mayor should do the right thing and award the contract to CH2M...
I'm amazed when I read comments against CH2M life if they do not know how to do this.
Do the people who write such comments read the number one engineering magazine in the world, and most respected. ERN
They listed CH2M HILL as the number one program manager in the world for the last ten years.
The issue her is that
1- the majority of the selection committee Awarded the win to CH2M HILL
2- all the members of the selection committee who are independent voted for CH2M
3- the county attorney con cures with the selection and advising the Mayer to award to CH2M
4- ethics say CH2M did nothing wrong
5- time is of the seance for us the tax payer. If this project does not start we will be paying penalties
Mayer, listen to your county attorney and award to CH2M ....
Why is the mayor not listening to his county attorney and to the water and sewer Managment!!!!!
Do Pete Hernandez and Jorge Lopes have that much influence on him to go against the county attorney?
Does the Mayer revalues what could happen if he changes the outcome on such a project
Mayer, I voted for you twice to do the wright thing..Award to CH2M not to Pet Hernandez and Jorge Lopez
Mayor, restore my faith in county government again and accept the selection committee recommendation ....
What would make a big company like CM2H figure they would not need to develop a detailed project approach for this contract? Being that they are so big, was it considered small potatoes, not worthy of their considerable brainpower? Wasn't it water and sewer contracts in a pay-to-play scheme involving forced hiring of a friend that netted the Mayor of Detroit 28 years in jail? Is it important that the public have a perception of fairness about the award of contracts, especially contracts that are critical to this community, and worth a lot of money to us, the little people, the taxpayers?
First: ethics and the IOG said there was something wrong with CH2m tactics. You did not read the material posted. The third ethicist saw plenty wrong. Read the documents don't just boast about your client.
Here is what concerns my ethics:
"of overriding concern to the OIG is that we believe that CH2m's actions, whether permissible or not, give rise to a perception that the process was not equitable and we are uncomfortable with that perception."
This is not about legality to me it is about ethics and perception that the process was fair.
The OIG believes it was not.
After reading most of this information, I believe it was not a fair process. I also think sea level rise needs to be added in so what a perfect time to rebid the whole thing.
Why can't water and sewer manage this and contract out when they need it? We could save a billion dollars at least.
Please see ERN engineering magazine issue for September 2, 2013.
AECOM was kicked out of a project for wrong doing ...
Pedro "Pete" Hernandez was a 25 year County employee.
He left the City of Miami under a cloud. He is still being investigated by the SEC over the Marlins bidding process. He knew or he should have known the Marlins process was corrupt. Re-bid.
Back at you:
A subsidiary of Colorado’s CH2M Hill Cos. Ltd. has agreed to pay $1.5 million to the federal government to settle allegations about false claims and kickbacks, the Justice department announced Thursday.
The wholly owned subsidiary, CH2M Hill Hanford Group Inc., was the contractor at the Hanford nuclear site in Washington state.
http://www.bizjournals.com/denver/news/2011/09/22/ch2m-hill-unit-will-pay-15m-to.html?page=all
http://www.fortlauderdale.gov/auditor/roa_pdf/2003-2004/0304-XX-09.pdf
Audit by the City of Fort Lauderdale of CH2M
I don't know any of the players, just review of the documents presented. We have to take a close look at the Committee. They knew from the get-go that CM2H had submitted a bunch of fluff and there was no meat in their package. Yet instead of eliminating them then, they knowingly invited them to the second tier meeting with a severely deficient no information proposal. And then after-the-fact, directly accepted massive late unauthorized submissions (400 plus pages). When citizens are called upon to serve this community, they must be fair, no matter who puts pressure on them. They have many people at their disposal to protect the decision-making process.
If voters only knew.
Some of the people here are concerned with the personalities involved or have interest in the companies. It doesn't matter to me, they can be named A and B, or X and Y. This was not a fair process. With so much perceived corruption in this community we don't need another problem on top of the problem this was designed to solve. Let's get this project out the door with a clean contract.
AECOM has caused these delays and drama having circumvented the County's process causing this situation by intentionally submitting an out of sequence "project approach" (required in the second step but submitted during the first step) since it had no meat and was generic. And, now they are using their cronies' to create more drama with the hopes of a miracle freebie.....
Wonder how much this delay has cost us to date and how much it was cost us in fines with the EPA and others.....thanks AECOM for being such a gracious looser.
To the Anon above you need to read the documents and findings of fact in the three opinions . . .
It is amazing how many of you haven't read the documents.
CH2M HILL is the type of firm that the county needs to do this type of project. they have the experience and knowledge to do so.
I think the county must move forward with the result.
Did you read the documents last anon?
We aren't going on their record...
It seems pretty clear cut from the documents posted: the contract should go to the company that was initially chosen to carry out the project and then vetted to confirm said selection. Any attempt to steer away from this makes the mayor look like he has ulterior motives for shopping the contract around.
Genius, no one is reading the documents. They are just commenting on their feelings with no consideration to the information contained therein. Maybe the documents need to be summarized in BIG letters with bullets. . .
They are reading them except the lobbyists. I have a counter.
Who is on the selection committee?
Lobbiyists can be helpful, but the company must submit a strong proposal to begin with. Lobbying should never be viewed to take the place of professional excellence. It is an add on at best. If lobbying becomes more important than producing professional products, then we have a very different system than we think.
The Mayor's Three Questions:
1. Communication with Selection Committee
The cone of silence was maintained by copying County clerk & authorities, as confirmed and having case history support
2. Additional information
CH2 provided the information requested by the selection committee after tier one ended
3. Supplemental submittal
AECOM's project approach was supplemental during tier one, which caused the above, and should have been discarded
If the Mayer hands this project to his friends at AECOM by taking from the selected firm. I hope they sure the county and expose the corruption in this county. I know it will cost us a lot if money in legal fees, EPA fines and a huge setlment at the end ...
Why do you think that company (AECOM) hired. Pet Hernandez and Jose Abreu?
They are getting lots of mony to channel money Aecom's way. Fair or not, this is the way banana republic works.
1. Regarding the issue of CH2’s communications with the selection committee. The County’s Ethics commission director – Mr. Centorino concluded the following:
“Based upon the above analysis, I have concluded that the Cone exception does not apply and that the Cone was not violated by CH2M.”
2. On the issue of “Additional Information”, CH2 responded to the selection committee’s request on Tier 2 and again Mr Centorino concluded:
“Nonetheless, in the absence of a specific prohibition in the bid documents, it cannot be concluded that the submission by CH2M was improper or in violation of any County rule or bid procedure.”
Both of these issues address the Mayor’s concerns on this critical solicitation. Due diligence has been done by Miami Dade County, time to award this contract to the number 1 firm: CH2M!!
CH2M Hill cheated, fair and square. They saw they were losing, and their representatives, sabotaged the deal.
If County staff knows they cheated, and the Commission on Ethics believes they cheated, and the Inspector General believes they cheated, and the University experts believe they cheated, then Ch2M Hill must have cheated.
You think all of those different and independent bodies are wrong?
To last anon
You must be reading something that does not exist?
Are you one of the 600 lobbiest Aecom hired to twist the mayor's arm?
What is the confusion about submitting the Project Approach in Tier Two?
The Miami Dade County Attorney’s office confirmed this…in fact the following statement was read to the selection committee prior to the Tier Two meeting:
“Please be advised that CH2MHill’s decision to defer submittal of its project approach until Tier Two Evaluation, rather than submit it with its Tier One submittal was permissible under the instructions given in the Notice to Professional Consultants.”
This issue was cleared by the County’s Attorney Office, time to move forward and award this contract to CH2M!
To AEOOM
I'm an expert on purchasing and ethics.
If you pay me as much as you paid the professor and paying one of your many lobbyist, I will change my opinion and write anything you want me to write.
Or I have a better deal for you, if you pay me like you paying Jorge Lopes (who ran the mayo's campaign), you write it and I sign it
Deal???
First of all spelling does not count but the CH2M mispeller shows that it is the same person over and over. And I have looked at the lobbyist list of both companies. You both have a gaggle of them. I don't like you writing bad things about Pete Hernandez. I said no personalities.
Facts don't lie....
AECOM had not led an EPA Consent Decree driven Program Management contract of this magnitude, nor does it have much experience dealing with the jurisdictional EPA Region 4.
CH2MHILL, world's #1 PM, has more than 40 EPA Consent Decree drvien Proram Management contracts with extensive experience dealing with EPA Region 4.
Would you hire the owner of your local drug store to run Walmart?
We have a clear choice that is in the best interest of our community: "trial and error"
or "world class".
Yup, Joe Centorino announced it at the COE meeting this morning.
While experience is important, present performance is the best predictor of future success. I resent that they felt they could throw anything on the table and walk out of here with $1.6 billion on a project that is critical for this community. Maybe we are too little for them. Little firms get to be big by working on big contracts. With enough money you can hire any kind of talent you need. Talent is a commodity, just like gas, or electricity, or corn. This condescending approach to us when we are in trouble and need help leaves a bitter taste with me.
I took off my comment that Gimenez is rebidding since I called his office and they said he hadn't made up his mind. I guess Joe Centorino didn't know that it wasn't settled in the Mayor's mind. Or maybe the mayor is stalling.
Lobbyist and special "friend of Carlos", Marcelo Llorente, had a letter to the editor in Nov 15 Herald. Promoting his client CH2M. Ick.
I wonder why they ignored County staff and normal procedures and submitted the late 400+ pages directly to the Selection Committee? Did they think the staff was inconsequential and of little importance? Wouldn't this be the same county staff that will have to oversee and supervise whoever gets the contract?
Is it not agreed by all that no rules, procedures or laws were violated? Isn't everyone in agreement the only real problem with all of this is that the county rules are vague or flawed and this particular bidding process just "looks bad"? And now, at this late date, someone wants a "re-do"? Are they going to change the rules in the middle of the game? Is that fair?
What troubles me most relates to the comments regarding lack of foresight with regard to sea levels rising. But that is not what we were asked to comment on.
Also, while I was reading the documents, I wanted to poke my eyes out! How tedious, I can't even imagine reading all those submissions to the Committee.
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