Fred Kirby has requested answers from the Port to several relevant questions relating to the proposed ‘state of emergency‘ in repairing a section of the Coos Bay Rail Line from Reedsport to Lane County. It is provided here with Fred’s permission and is well worth reading.
20 April 2011 1240
Sent as an e-mail attachment
Elise Hamner, Communications Manager
Oregon International Port of Coos Bay
With courtesy CC copies
RE: SOLE SOURCE “EMERGENCY” RAILROAD REPAIR RELATED PROCUREMENT
Dear Ms. Hamner:
I understand that you have been made aware that certain people are in the early stages of a ballot measure to reverse a decision of 14 years ago that created the Coos Bay Port District. Many of the people are involved as a direct result of the recent less than totally factual (tome) paid advertisements appearing in the local paper over the signature and photo of the Port Director.
Now, along comes the Port Director with an apparent need for “emergency” repairs of a railroad that is not yet in operation. Apparently the Port has made known to your prior employer, the downtown Coos Bay newspaper, certain information related to contemplated sole source emergency railroad repair related procurement. Yesterday, some of the people of the Port District learned that the Port will soon move to be exempt from the competitive bidding process that is required of Oregon public agencies with a fiduciary responsibility to the citizens – in this matter, specifically to the citizens of the Port District – and in this matter, generally the taxpayers within Coos Bay and North Bend cities – to affect needed “emergency” repairs on the planned Eugene to Coquille rail line. Certainly, any Port contracting officer would anticipate that sole source procurement will result in a higher contract price for the contemplated scope of work.
So that citizens may ask and receive from the governors political appointees who manage the Port prior to the Port requesting any such emergency action authority and exemption from competitive bidding requirements imposed on public agencies; please provide answers to the following, by whatever reasonable means, to the general public (perhaps all of the local press – print and electronic), prior to planned Port Commissioners meeting when and where the subject is planned to be discussed:
01. Specifically, what are the “immediate emergency repairs” that are required on the people’s railroad and are considered for sole source procurement?
02. What is the estimated contract dollar amount for these “emergency” repairs?
03. Since the contemplated action is for the benefit of a private business and not the people, and a railroad is not in operation at this time, and there are no safety issues that require immediate action, why are any repairs considered to be an “emergency” requiring sole source procurement?
04. Is the sole source contracting action that is contemplated for the benefit of American Bridge, as the paper article suggests?
05. If in fact the beneficiary of the contemplated action is American Bridge, I believe that we both know that their need is not every day, or every week. How often would they require rail service and would they require the use of more than one rail car monthly?
06. Is it fact as some suggest that the needed expedited rail repairs are to enable the Port to provide rail service to other North Spit business as non – availability of a rail line will soon result in penalties?
07. If in fact the beneficiary is American Bridge, do they have a contract in hand that requires immediate (June) rail service? Or, as the paper article suggests, will a commitment from the Port of June rail service completion permit them to bid on a project where they may not be successful?
08. What consideration will the taxpayers of the Port District (not any Urban Renewal Agency or other agency) receive from the private business receiving benefit by this contemplated sole source action?
09. Contemplated sole source action suggests that only one qualified contractor is known to the Port. Who is that single known contractor?
10. Contemplated sole source action suggests that a statement of work exists today. Why isn’t that scope of work out to bidders at this time eliminating the need for “emergency” (and higher priced) sole source procurement?
11. Does the Port have rolling stock – locomotives, rail cars, and other equipment on hand to enable commencement of rail service for customers in late June following the contemplated “emergency” repairs? Where is that Port property located today?
12. What penalties or liquidated damages provisions will be made a part of any sole source contract to assure completion on time (June)?
Your response may lead to other questions. Thank you for your timely response to my questions.
Sincerely,
J. Fred Kirby
Coos Bay, Oregon
Okay, Fred, has Elise answered your questions yet?
Has the Port answered ANY of Freds’ questions? They are very good. Thank you Fred for taking time to do that.
If the Port got what they wanted on false statements that obviously did not turn out to be true, isn’t there a remedy for We The People who actually own the Port and railroad to nowhere? Do we have to let this “slide”?
You know I am just sick about this. Albertsons’ closes, schools closing, teachers losing their jobs, and these arses’ continue to flaunt their ability to suck from the publics’ teat, then call that same public names for daring to ask the biggest pig at the trough a question in public? It’s time The Big Pig is pulled from the trough and every last teat the public has. This is not even funny anymore. How dare The Big Pig refuse to tell those that pay for his slop who it is that is demanding no bid contracts. These guys are running something and it’s not good, I am not intelligent to know exactly what they are doing, but I have learned to smell bullsheet before I step in it and this is bullsheet. Secret business deals, slight of hand purchases and all the rest. . How many times do the taxpayers have to bend over for The Big Pig? I’m beginning to think the people of Oregon who all pay into this trough are just lazy or stoopid or too ignorant to do anything about it. How dare this commission and The Big Pig treat the public like this. And shame on every damn one of you commissioners who whore for him. These are my opinions, but I think it is way past time for these commissioners and their black-coated zombie supporters who are also sucking from the teats answer to some higher power. This cannot be legal. Major decisions made in secret and voted unnanomously in public?
Dear Aghast – American Bridge is working two projects that could require the occasional use of the local railroad. Both are known to the public. If it is American Bridge that we speak about – and only Bishop knows – the people who own the railroad will be last to learn – in all liklihood American Bridge would demand some verifiable reason to believe that the required work – and it’s “emergency” only in the sense that Bishop wants to finish the rail line earlier – would be completed and there is rolling stock somewhere so they could make their first delivery fob Reedsport at the end of June. In all liklihood, American Bridge’s contract would include some form of late delivery penalties clause or some daily dollar amount as liquidated damages. Of course, they would attempt to flow that down to the port. This is a time when the port should say that they will make a best efforts attempt to complete the line by the end of June – but no penalty clause. This whole thing may be something generated by the local paper to sell their daily bird cage liner. Through his last tome content, the port director has shown that he may be studying for the job of North Spit Flim Flam man.
Am sure all will be made clear when Bishop delivers another of his famous power point presentations, or as Commissioner McKeown once said, “Thank you, Jeff, that was very clarifying”…
Unlike McKeown, many of us had even more questions after his last power point, so I don’t really know how informative this month’s will be
Good questions.
Assuming the Port enters into an agreement with American Bridge but then fails to make the emergency repairs in time is the Port held harmless or is there a liability?