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Minutes

Committee Hearing, March 22, 2006

Philadelphia City Council Committee HearingsMar 22, 2006

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Organizations mentioned

Councilman Nutter

It is just a column, DBE Goal, letter D.

Ms. Moore

Yes. As I mentioned, contracts -- goals are established for each contract. The goals are established based on what services have to be done, how many prime contractors can do it, and how many DBE firms we have registered that can -- that have 289 FY '07 OPERATING BUDGET HEARING - 3/22/06 indicated they also could possibly perform some of the services. So it is established based on the availability of DBEs doing the services.

Councilman Nutter

So let's go down the list here. Architectural engineering, design, and construction services. Now I don't know what that means, November '95.

Ms. Moore

That's when it was awarded. This is for design work. This is the one that helped us create the vision that's out there. I know.

Councilman Nutter

Did you really want to give them that level of profile or credit, I mean?

Ms. Moore

I actually did want to give them that credit, but...

Councilman Nutter

Well, you know, the vision is a little blurry at this point. So DMJM-Harris, is that one company?

Ms. Moore

It is one company, yes.

Councilman Nutter

And that is, it 290 FY '07 OPERATING BUDGET HEARING - 3/22/06 appears that they are a nonminority company?

Ms. Moore

They are a nonminority company.

Councilman Nutter

So the goal was percent. The current percentage is 18.38. 7 But I guess what I don't have is, 8 how did they meet -- who did they do business 9 with? 10

Ms. Moore

There is a complete 11 listing for each one of the vendors we have of 12 all the contractors, all the subcontractors 13 for each one of the contracts. 14 So we could provide that data to you 15 very easily, if that's -- 16

Councilman Nutter

That would be 17 helpful. 18 Now, in the professional consultant 19 contract area, I guess the big number is under 20 prime payments? Is that E? Or is the total 21 for that section E plus F? 22 What's the total amount that's going 23 to be spent on professional consultants?

Ms. Moore

The contract values are even listed previously. 291 FY '07 OPERATING BUDGET HEARING - 3/22/06

Councilman Nutter

What page?

Ms. Moore

The total contract value for professional services is expected to be 74 million 090.

Councilman Nutter

Second page. Right.

Ms. Moore

The million, B, 9 column B, is what is committed for DBEs out of 10 that 60 -- $74 million. The rest of the 11 information is actually tracing payments. 12

Councilman Nutter

I understand. 13 So you have $22 million in commitments, you 14 have paid out 19? 15

Ms. Moore

We have paid out -- we 16 have $74 million total commitments. We have 17 paid out $60 million to the primes. 18 Out of the $60 million we have paid 19 to the primes, the DBEs have been paid a 20 little under $20 million. 21

Councilman Nutter

And then, so, in 22 affirmative action section, you have two contracts. So there are two different companies dealing with affirmative action?

Ms. Moore

The first contract was 292 FY '07 OPERATING BUDGET HEARING - 3/22/06 concluded. Milligan & Company is the active company now. They were awarded the contract January of '04.

Councilman Nutter

The previous contract ended 12/31?

Councilman Nutter

So you have had two companies that weren't acting at the same time?

Councilman Nutter

And then there were two different contracts for communications, community relations?

Ms. Moore

Well, two different contracts. It just so happens the same vendor received both of them. But, yes.

Councilman Nutter

Okay. And then the same issue with the program management, seems to be, as the architectural engineering design. This is a nonminority company.

Councilman Nutter

They are at 23 percent, their goal was 17. And then you would have to provide the backup to go with 293 FY '07 OPERATING BUDGET HEARING - 3/22/06 that.

Ms. Moore

Their current commitment is the percent, and that's the one we 5 expect them to satisfy. 6 So they are currently based on 7 payments at the 17 percent mark, but they have 8 still confirmed that they are indeed going to 9 hit their goal of the 23 percent for DBE. 10

Councilman Nutter

I thought the 11 goal was letter D? 12

Ms. Moore

The goal is -- the DBE 13 goal that we established was 17 percent. They 14 surpassed the goal we established. 15

Councilman Nutter

Okay. 16

Ms. Moore

So their committed goal 17 is what we hold them accountable for. 18

Councilman Nutter

And then cleanup 19 and disposal is another nonminority company? 20

Ms. Moore

Cleanup and disposal, I 21 think Immaculata is, indeed, a minority 22 vendor. So you see 100 percent, 100 percent. 23

Councilman Nutter

I see that. And the other ones you seem to have DBE next to them. 294 FY '07 OPERATING BUDGET HEARING - 3/22/06

Ms. Moore

Because they are going to subcontract percent of it to probably a 4 DBE. 5 So they also get -- there was a 10 6 percent goal attached to the contract. But a 7 minority firm won the contract; therefore, it 8 is a 100 percent DBE involvement. 9

Councilman Nutter

Okay. But, I 10 mean, do they then have to go and subcontract to somebody else?

Ms. Moore

They could, but they don't have to.

Councilman Nutter

Got you. If you could get us address and name of principal for these various firms, that would be helpful.

Ms. Moore

For all of them? For every one that's listed on this page?

Councilman Nutter

Yes. And what happens, I mean, do you have -- so now going back to the second page, I guess this is. On the construction contracts, you have percent DBE commitment for construction 295 FY '07 OPERATING BUDGET HEARING - 3/22/06 is 17.97?

Councilman Nutter

But the achievement is 7.73?

Councilman Nutter

So if someone doesn't meet their commitment, what happens?

Ms. Moore

Well, first let me point out that we are early into construction, so the firms still have a wonderful opportunity to meet their DBE goals. This is more reflective of where we are in the construction cycle, as opposed to them not meeting goals. But we have a process in place with our small business unit. Primes are brought in periodically. We work with them to see what the problems are. Because we tell them, we hold them responsible for meeting their goal. And, so, we work with them to make sure that they do indeed satisfy their goals.

Councilman Nutter

What happens if they don't? 296 FY '07 OPERATING BUDGET HEARING - 3/22/06

Ms. Moore

If they have convinced us that they have tried their best, and as the federal government calls it, fair and reasonable effort -- there is some cute little federal terms they use -- there are no 7 published recourses that the federal government allows. If they are merely just not doing it, then we have the opportunity to terminate their contract.

Councilman Nutter

What recourse does SEPTA have?

Ms. Moore

That's what I am saying. If they are saying, we are not doing it, we are not going to try, et cetera, one of the corrective measures could include terminating contract. We haven't had vendors that wanted to risk that, so they tend to work with us.

Councilman Nutter

Now, on the resident goal -- and you laid out that you may not be able to require it, and people have to agree to it -- but, I mean, given the massive nature of this project, the neighborhood in 297 FY '07 OPERATING BUDGET HEARING - 3/22/06 which it is situated, I haven't checked on the census bureau side, but I guess I would have to say between Councilwoman Blackwell and I, we would probably have some sense that unemployment in West Philadelphia is probably slightly higher than other parts of the city. The city's unemployment rate is higher than, I believe, the national average. The goal is 10 percent, which I would say is low. But they haven't met that, anyway. I mean, what is possibly the problem?

Ms. Moore

We were added up -- until this recent reporting, we were actually seated at -- we were close to 10 and a half or 11 percent, so we were exceeding it prior to this one. A lot of the construction dollars -- a lot of the efforts now are being done away from the site. It is still erection, et cetera. So it is not as many opportunities for the local community to participate. It is very specialized in some of the work. What we expect a heavier -- we expect heavy concentration when we get into 298 FY '07 OPERATING BUDGET HEARING - 3/22/06 the station area, which is what we saw with 56th Street. But it is very --

Councilman Nutter

Well, have you had difficulty finding people?

Councilman Nutter

Why? Folks out in West Philly don't want to work?

Ms. Jones

I wouldn't go so far as to say that.

Ms. Moore

I would never say that.

Ms. Jones

However, what we have continued to do is to try to recruit people who were interested in working in the construction industry. So we have a relationship with DAP, Diversified Apprenticeship Program, through -- well, it is the DAP program. And we continue to send people to the program for training. And after the training is complete, they can in fact work up to a thousand hours on the project.

Councilman Nutter

Why is there a limit?

Ms. Jones

I beg your pardon? 299 FY '07 OPERATING BUDGET HEARING - 3/22/06

Councilman Nutter

Why is there a limit?

Ms. Moore

The federal government imposes a limit.

Ms. Jones

So we continue to try to recruit people in West Philadelphia. We have found that in some instances, particularly with the DAP program, there were requirements that some of the residents were not able to pass.

Councilman Nutter

Such as?

Ms. Jones

Well, they require that they have at least a GED, a driver's license, and be able to pass some of the -- there is a test that they have to pass, urinalysis, and in some instances they were not able to pass that test.

Ms. Moore

But I also want to mention that.

Councilman Nutter

I guess that's not a test you can really study for.

Ms. Jones

Or prepare for.

Ms. Moore

You could prepare for it, but you can't prepare for it overnight. 300 FY '07 OPERATING BUDGET HEARING - 3/22/06

Ms. Jones

So we have continued to recruit and to send people to the DAP program.

Councilman Nutter

How many people have been sent to the program?

Ms. Moore

I knew you were going to ask me that.

Ms. Jones

Councilman, I have to get back to you on the number.

Councilman Nutter

Do we have any idea how many people have come out of the program and actually worked?

Ms. Moore

We will have to get back and give you that information. But I will also mention, it is tough work. It is absolutely tough work out there. So it is -- you know, we have had people sort of suggest to us that anybody can push a broom or anybody can do this or anybody can do that, but they are really around some very sensitive, dangerous work. So we send them to DAP so that DAP gets them ready. And very happy with the way they are preparing people. We just have to figure out now how to complete that circle. 301 FY '07 OPERATING BUDGET HEARING - 3/22/06

Councilman Nutter

Okay. You are going to get us that information back?

Councilman Nutter

What percentage of the project is complete?

Ms. Moore

We actually kicked that one around. Based on construction dollars spent, it is about 50 percent. And I have my engineer back here, so at any point in time correct me if I am off. And the construction effort is following very closely to that. I will point out that there are three or four projects that are 100 percent done, and it sort of skews, you know, that number.

Councilman Nutter

What's your current best estimated completion date?

Ms. Moore

December of '08, substantial completion. And that is still the time frame that we are targeting.

Councilman Nutter

So, basically, three full years?

Ms. Moore

Two. 2006. Two. 302 FY '07 OPERATING BUDGET HEARING - 3/22/06

Councilman Nutter

All of '06, all of '07, all of '08. December '08.

Councilwoman Blackwell

Point of information for a moment. If we started in '98 --

Ms. Moore

Well, '98 was prep work and community outreach. Construction has been pushed back a couple of years. But it was not targeted from 1998, that the construction would start in 1998.

Councilwoman Blackwell

I don't remember now, it's been so long. If we say the construction started in 2000, you are still talking six years. And yet you intend on completing it in two more, but you say you are only 50 percent completed. How do you deal with, like, one-third at a time, when you are only halfway there?

Ms. Moore

Because we have multiple vendors working on the project. We had one vendor for a long time doing the utility work, the underground work, 303 FY '07 OPERATING BUDGET HEARING - 3/22/06 et cetera. We now have two full-fledged vendors. You know, we are really geared up for the heavy construction for 2006 and 2007.

Councilwoman Blackwell

Councilman, my question was, if it started in '98 -- and let's give them two years -- even if they say 2000, they say they are 50 percent done, but they will be finished in '08. And that's quite a bit of time, but they said they are using more vendors.

Councilman Nutter

You have five years to get to 50 percent and the other 50 is it going to get done in three?

Ms. Moore

A big piece of any job is doing the work that's underground. And that was, indeed, a two-year effort. We relocated all the utilities, all the duct banks. Not just SEPTA related, but these are duct banks and utility banks that will benefit the City of Philadelphia. So that took two years by itself. So you really do a lot of the efforts underground. The above-ground things, we are 304 FY '07 OPERATING BUDGET HEARING - 3/22/06 still very comfortable with December '08.

Councilman Kenney

Madam Chair, if I may.

Councilwoman Blackwell

Point of information, Councilman Kenney.

Councilman Kenney

Actually, I would like you to consider allowing me at this point to offer an amendment to the Capital Program. I apologize for interrupting, but we have a 30-day clock issue, and I needed to get it in today. Surrounding all the discussions we had with the Recreation Department, I know there has been discussion with Councilman Nutter and other discussions about trying to get next year's Capital Budget in line for the Recreation Department. This is an effort to address the five years from 2007 through 2012. So I just wanted to formally offer this now. It has been circulated to members. It is on their desks. And, apparently, I have accomplished the technical need of having it 305 FY '07 OPERATING BUDGET HEARING - 3/22/06 in. So if you will allow that to happen, I would appreciate it.

Councilwoman Blackwell

Thank you very much.

Councilman Kenney

Thank you very much. I am sorry for interrupting.

Councilman Nutter

With regard to the resident goal, you said you are anticipating improvement because the construction is about to start?

Ms. Moore

At this point in time we have one station done. We have four additional stations in the city proper. That's where there is -- there could be the opportunity for the use of more of the residential. Right now the steel is being done and erected at a really remote location. It is a little hard to get, you know, the local residents up as far as the steel is. It might be Bethlehem, some of it is Lancaster, et cetera. There should be more opportunities to engage the local communities, because the 306 FY '07 OPERATING BUDGET HEARING - 3/22/06 stations are right there. They don't have to commute; they could go to the stations. But it is imperative that the job skills training take place, and they have gone through that, in order to make sure they are indeed successful.

Councilman Nutter

Okay. Thank you, Madam Chair.

Councilwoman Blackwell

Thank you, Councilman. Certainly we note that the Councilman and I have been at meetings with Congressman Brady, Congressman Fattah, Representative Evans, Representative Louise Williams Bishop, Representative Thomas Blackwell, Ron Waters, Harold James, Dion, and others. So we have had major meetings dealing with the problems associated with this project, and certainly we hope that the future will not be as tough as it has been in the rear. We hope not. And, again, we really, really need help with these businesses. We tried to beg 307 FY '07 OPERATING BUDGET HEARING - 3/22/06 up from the Administration and tried to administer it through the Commerce Department some little subsidy. Congressman Fattah came up with some parts of a subsidy. And we have tried to only try to keep people going. We need programs that deal with forgiveness and deferment in all areas. And it is very, very frustrating with seniors, when somebody is in their 70s comes and says, "I have to get a job and work for someone else." So we do ask that you be sensitive to these things. Work with our businesses, give us a little respect. It is hard enough, it is frustrating enough dealing with this issue. And if you say you are advertising, advertise it. If you say you are fliering the area, put the fliers out. You know, treat people, give them a little respect so that it isn't so -- the project is hard enough. But we need to feel that there is some partnership, really, in this, and we just haven't felt that way. We 308 FY '07 OPERATING BUDGET HEARING - 3/22/06 haven't felt that the community has been respected. Councilman Nutter asked a lot of questions about job training, inclusion. That hasn't happened. And that's why, you know, the Councilman and I generally don't go to the meetings, because I don't put myself in embarrassing situations, where I don't have positive information for the people who elect and send me here. We love our districts, we respect our people, and we need to have faith in our relationship so that, as we step out there, people will believe that we care and that we are doing our best. Having said that, if there are no 18 other questions or comments, we will recess this hearing until Tuesday, March 28, at 10:00 a.m. Thank you all.

Ms. Moore

Thank you very much. (Public Hearing adourned at 5:15 p.m.) - - - 309 C E R T I F I C A T I O N I HEREBY CERTIFY that the foregoing proceedings of the Council of the City of Philadelphia of Wednesday, March 22, 2006, were reported fully and accurately by me, and that this is a correct transcript of same. RE: COMMITTEE OF THE WHOLE _________________________ DEBRA A. WHITEHEAD