ARENA Landscaping, irrigation projects to be rebid

There were numerous problems with the apparent low bid.
By DAVID SKOLNICK
VINDICATOR STAFF WRITER
YOUNGSTOWN -- Despite the threat of a federal lawsuit hanging over its head, the city's board of control voted to reject bids for landscaping and irrigation work at the Youngstown arena project.
The board rejected the proposals Tuesday and will rebid the work in the near future.
People's Choice Landscaping, a minority-owned firm based in Youngstown, submitted the apparent lowest of three bids for the job with a $110,761 proposal. The engineer's estimate for the work is $194,800.
City officials acknowledge there were numerous problems, including failing to have a required bid bond, with People's proposal. But it is the only minority-run company to submit a proposal for work at the downtown arena.
City officials say it is important to encourage participation of small, minority- and women-owned businesses in the arena project.
Landscape By Design
The next lowest bid for the work came from Landscape By Design of Hubbard at $169,780.
In its proposal, People's failed to include the cost of 4,500 cubic yards of top soil.
Rich Kali, Landscape president, said if his bid didn't include the top soil, it would have been considerably closer to People's proposal.
The three-member board of control agreed to accept the recommendation of Carmen S. Conglose Jr., the city's deputy director of public works, to throw out all the bids and start over.
Conglose said arena officials requested several material changes that will significantly impact the landscaping project.
Conglose wouldn't say what the changes are or how they would financially impact the project. But he did say the rebid would have to be done soon in order for the work to be done in time for the arena's Nov. 4 opening.
Bid steering
John C. Ross, Landscape By Design's attorney, said the bids were tossed because the city is trying to steer the contract to the minority-owned business.
Ross said his client may file a federal lawsuit to stop the bidding process.
Landscape could also choose to participate in the rebidding process or not do business with Youngstown, Ross said. A decision won't be made until the new bid specifications are released by the city, he said.
Ross said he is highly skeptical that the revised proposal will be that different than the original one.
"I feel I have the right to the job," Kali said. "It's very discouraging for this to happen. This is not the normal process for awarding bids."
Right to rebid
Conglose and Kathleen Slavens, deputy law director to the public works department, said the city has the right to rebid this job.
Besides the changes to the work, more than 60 days have passed since the bids were opened and the city has the right to refuse an extension of time for awarding the job, and the city would receive a more competitive price by readvertising.
Projects that are rebid traditionally end up costing more, Ross said.
Also, Ross said Landscape is a victim of unlawful bid steering by the city, and the city is rebidding the job in bad faith.
skolnick@vindy.com