Dear Editor: 

I have some questions about the increased use of no-bid contracts for public works projects.

The latest is the contract awarded to Pittman Tractor Company for boom placement at a cost of $626,575. I will admit that this now or soon will be an emergency. But, on the other hand, the Alabama Code states that any public works project that costs over $50,000 must be open to competitive bidding. (Code of Alabama section 39-2-1)

There have been two no-bid contracts awarded in Daphne that I believe were violations of the competitive bid law. I hope that I am wrong and no laws were broken. If I am right, the no-bid did not allow fair competition for the projects by all contractors. This also has the potential of not getting the lowest price for the projects.

The first project was a private-public project (Ordinance number 2006-62: section 2) with Aronov Developers. The ordinance states that the city agreed to appoint the developer as their special limited agent to acquire and construct the governmental improvements which are intended to serve the general public and not just the property owners in the project zone and their customers.

The second project was private-public project with the Renaissance LLC. (Ordinance number 2007-83; Article II, section 2-1) states: The developer shall manage the design, installation and construction of the public improvements in accordance with the plat and the plans and specifications, as required by the overlay district ordinance and the city’s generally applicable planning and development rules and regulations.

The contractor given this project was a member of the Renaissance LLC and benefited without competitive bidding. This same contractor has received many projects that were less than $50,000 that are completely legal and should be determined by quality of work and not friendship or allegedly by donations to political campaigns. This contractor and some of the members of the Renaissance LLC contributed to some local political campaigns associated with the municipality.

(Courtesy of 2004 and 2008 campaign financial records, Baldwin County Probate). Three years later the Renaissance LLC received a large municipal bond issue to complete the Renaissance Project.

Here are the facts on the cost of the private-public partnerships (as listed by developer, loan and 30-year payback):

All these facts can be verified by the city of Daphne accounting department.

The question is when and why can a municipality bypass the bid laws of the state of Alabama when using public funds as an agent of the city of Daphne.

I have asked this question of the Daphne City Council and mayor in writing April 6, 2009 and have never received an answer. I have also asked the same question of the Alabama attorney general and Baldwin County Attorney’s Office and received no answer.

E. Harry Brown

Daphne