Roles & Responsibilities of Facility Owners, Architects/Engineers & Manufacturers

In the design and construction world, there is one tried and true method for fair dealings for all.

The following graphic charts are developed from past American Institute of Architect documents, in their explanation in Owner-Contractor Agreements as to how the roles and responsibilities of each party are divided and how the licensed design professional, while working for the Owner, is to keep the parties at arms' length.

In addition, Architect and Engineer Licensing laws traditionally require the duly licensed design professionals to protect the health, safety and welfare of the general public. 



At Georgia Tech and in large architecture firms in Atlanta, we were taught that such included fiduciary duties to the public. 



 We were not allowed to sole-source anything without one particular man in State Government reviewing those specifications to make sure that there were no other such products available - and not much was so. In the roofing world, there are many equals and in fact better similar products and real warranties available, sometimes from the very companies relabeling their products for those hard-marketing products to schools.

State Laws enact both Building Codes and the extent of unlicensed design activity - including the purchasing of fire-rated materials, to be designed and specified only by licensed architects and engineers. 



 The idea that roofs could be reroofed without independent tests taken of the existing roofs (independent of any interested parties - particularly manufacturers) or designed with complete and site-specific details, so located on complete drawings, and along with a full set of specs, and then with local Building Dept. and any Fire Dept. Approvals required - is absurd. 



 And it could be dangerous - particularly if the substrate had been weakened through previous water penetration issues, for instance - necessitating structural replacement which would not be addressed through using purchasing agents to buy roofing products to be applied by roofing contractors in most likely broken-apart contracts - under the limit required to be bid out.

It is extremely important to the public for both safety and finanacial issues that the Roles & 

 Responsibilities of each party be kept as shown in the first chart, "How Public Bidding Should be done". It is a win-win situation for all concerned.

The other two charts show how manufacturers turn the processes upside down - to everyone except their disadvantage - in a one-party win situation - a monopoly.



Write roofreports@gmail.com for better copies of the charts below, in .pdf form, if you desire them.



How The Public Bidding Process Should Work

How Roofing Manufacturers Control Public Bidding Processes

How a Roofing Manufacturer Controlled and Subverted an Educational Purchasing Agents' Association Bid Process

Tremco In-House Training Documents

Here they are - the Tremco In-House Training Documents used in the article, "Tremco: Strategies & Methods" by L.B. "Huck" Morris of the esteemed Midwest Roofing Contractor's Association (MRCA) and printed in 1997 in their magazine, Midwest Roofer.

Garland Roofing Business Model

Here are the Garland Training Documents - that show clearly their "Business Model": See top of page 2: "The strongest sale will always be Garland materials and performance specficiations and no "or equals". 



 And then they state: "Public contracts can be very lucrative, but they require a very dedicated, sophisticated sale; one which anticipates the things that your competitors are going to do prior to the bid opening. If you are not willing to do all of these things, don't do business with schools." 



And then they describe some of what we know they do......

Top of page 3:

'I suggest you start your presentation by selling "fear." '

Towards the bottom of page 3:

"I suggest you emphasize that you are recommending a solution that is not proprietary."

Then he tells the Garland sales reps:

1. How to mix up the manufacturers listed - to look "competitive"; 



2. How to demand that the substitution won't hurt the "system" (although known for substituting J-M plies for their own under their top cap sheet - and not returning the difference...);

3. How to "lock-spec" - by using extreme test listings, not verifiable to a school district guy that it might or might not be accurate...see the next posting to come up in the next couple of days....

But he doesn't tell his sales reps they private label from their competitors - who produce products that the sales reps have been known to decry as not competitive with their own products, and get "disallowed" by school district personnel in so-called "bids."

Here's some of the "restrictive proprietary performance specs" guidelines being taught to Garland sales reps, to "lock-spec" their product in public and school work.

They state that "under no circumstances, are loosely-laid or single-ply systems acceptable."

And they state that 'if you have to go "or equal" "depending upon the intestinal fortitude of the guy you are selling"' to, either "aim for a chance at getting the job - or eliminating as much of the competition as possible."'

Then he describes how you can lock in the Garland product...with specific lock-spec language, on this last page: ______________________________________________

So, Garland - would you like to explain to the public:

1. The conflicts of interest of a manufacturer having their reps certify without any independent, owner-supplied reps that the roofs were installed correctly.

2. Why you would call a true Maintenance Agreement a "Warranty".

3. How many of those Maintenance Agreements actually got paid for on time and actually got extended, with his public works projects.

4. How many times they redid roofs on all your jobs - you know, the true life of the roofs? Was it 6, 7, 8, 9, 10, 11, or every 12 years?

5. Who private labels their products for you, and which ones? We all know there are only four major US roofing manufacturers. We believe that you have Carlisle private label some of your products, as does Johns Manville for Tremco.

6. When in a so-called "bid" situation when an equal is produced, how many times have you had disqualified products that are the same as yours, only yours are private-labeled?

7. When is the responsible San Francisco Bay Area Garland Rep going to give the Federal Government back all those overcharges for the Johns Manville plies used under their top cap sheet....and charged for as if they were Garland plies, about 3 times or more the price of the J-M plies? Let's see, why don't we start with the US Postal Distribution Service Center just south of the Cow Palace in San Francisco County....and how many schools shall we go pull cores on to find out what you did where?

8. How much did you pay architects to insert your specs into the project bid specs? $10,000 or more? Which architects, for which jobs?

9. How many architects and engineers specifying your products get your $50,000 indemnification for potential problems with the jobs? All of them? It certainly covers most of their deductibles on E&O Insurance Policies - giving them a financial incentive to specify you.

10. And are you aware how bogus it is to list "ASTM D5147" in the actual tests you list in your illegal, restrictive, proprietary specs?

It's a test method - not a test.

ASTM Roofing Committee Members informed me of this particular bogus spec practice - seen in San Francisco Unified School District Specs.

_____________________________________________

[Editor's Note: Read Garland's training documents above, and Tremco's training documents, here: http://schoolroofingscam.blogspot.com/2008/02/tremco-in-house-training-documents.html which show both "Business Models" - "Sales Models" - are more concerned about locking out competition -to get their admitted, higher-priced products in to schools.]

Tremco's "business model"predates Garlands', for those who don't know. Tremco executives left to take over a flooring company (Garland) in the early 1970's, to compete with that same business model with Tremco.....

_____________________________________________

The Best "Merry Christmas" Gift Ever! - Tremco now forcing a jury trial over it!

For those of you who don't know, I have been tracking the scam since 1991, when bosses at a new job at the University of California, San Francisco in their huge facilities department insisted I use a Tremco Rep's "specs", calling him a "roof consultant."



It turned out the long road I experienced in uncovering and reporting the scam was just like what Doug Wicks experienced in New Jersey, the roof consultant who got the New Jersey State Commission of Investigation Report done, citing activities of Tremco, Garland and WP Hickman ("Waste and Abuse in School Roofing" started in 1999, released Sept. 2000). Doug started complaining about it in 1991.



For the New Jersey Report, look here:

http://www.state.nj.us/sci/school.shtm

 

And our experiences were just as long and torturous as Gerard Beloin, roofing manufacturer and contractor in New Hampshire, who has received numerous, serious MOB-like death threats from local officials for standing up to the Garland - openly, after many years of watching the scam go on unabated in their school districts since the 1980's.



For what has been happening with Gerard, look here: http://www.bluestonepremiumroofingsystemsinc.com/2008-02-04%20-%20REVOKED%20-%20No%20trial%20by%20a%20jury%20of%20my%20peers.htm



It's a long haul without a lot of help, and fearful reps in and out the door helping.....wanting to do something but afraid for themselves and their families, leaving a very heavy burden on a few.



So to my surprise, right before Christmas of 2004, I got an incredible "Merry Christmas" gift - from the best of you out there. You know who you are!



It was a copy of a housewife and a Grandmother!!! - for God's sake - A HOUSEWIFE'S!!!! Taxpayer Advocate Group's PRESS RELEASE in which she had done a lot of homework and caught on to the scam, partially due to a local school administration employee who had seen "something going on" with their local School Administrator and Tremco.....and Diana's research on the internet.



__________________________________________



What happened:

Tremco sued Diana for writing a newsletter wherein she largely quoted from other sources. Tremco never specified which statements in the newsletter were libelous, which is a legal requirement when suing someone for libel. There was one minor mistake in the newsletter and that was the reference that Janet Campbell worked for Tremco. The higher courts have ruled that mistakes do not constitute libel. It's obvious from reading TUFF's press release/news letter that Tremco was not libeled. This is nothing but harassment against a citizen/taxpayer for speaking out about a public interest issue. Diana and her lawyers still don't know how she "libeled" them, because Tremco never specified which words in the document were defamatory.

For Diana's Press Release (November 21, 2005), look here:

http://roofingscam.blogspot.com/2008_06_15_archive.html#7726854225769852450



For your information:

I would never under any circumstances want to work for Tremco - although someone tried mightily to dirty my hands through architects in the San Francisco area during my case - using architects who probably needed the school or public work at all costs. (It's called "Clean Hands").



As I stated in an affidavit filed in her court case, de facto I WAS a "forced" employee of Tremco's - doing their bidding at the behest of my involved boss, and over my (loud) verbal and written protests.



For the affidavit I produced for Diana's case, look here:

http://roofingscam.blogspot.com/2008_06_15_archive.html#7537504535741172800

_______________________________________



Because of the incredible help extended to me by so many, really great stand-up kind of men in the roofing industry, I contacted Diana asap over the holidays after first receiving her Press Release, and her contacts grew immensely as a result...and so did those helping her.



We all know what she is up against - bought-off or "involved" officials in probably all three branches of government. Diana has just uncovered documents that prove that Tremco is involved in at least two branches of government cover-ups in Indiana.



For what Diana has just uncovered, some of it, look here:

http://diana-vice.blogspot.com/2008/06/barnes-thornburg-lobbied-state-board-of.html



Diana Vice needs all of our help. If you can help her for upcoming Jury Trial, with information, with dollars - please help her.



Don't you think a Jury trial might finally get the exposure of the scam needed?



It'll be a donnybrook, that is for sure, with what she has uncovered.



And the fannies "hanging out"- exposed - couldn't hurt anyone but the specific perpetrators and those involved!



Thank you! ____________________________________

 

None of us can afford to have Diana silenced. She has valiantly stood alone throughout this two year ordeal, and we need to come to her aid by providing financial resources to help in her pursuit for justice. I realize that many of you may wish to remain anonymous due to business interests; therefore, a money order would be an appropriate way to give.  



Donations can be sent to: Diana Vice Legal Defense Fund P. O. Box 4 Lafayette, Indiana 47902

University of Cincinnati ordered to cut costs - then use sole-sourced roofing specs....

Apparently, Ohio college tuition costs are 47% higher than the rest of the nation, according to WCPO TV in Cincinnati in three stories in 2007.



Ohio Governor Strickland and Ohio Board of Regents Chancellor Eric Fingerhut pushed a "compact" to cut costs and hold the line on tuition.



Part of those proposals included pooling teaching resources, buying energy, providing computer technology services. Job cuts came into play.....early retirement was accepted by 135 employees, and 106 positions were abolished through attrition. Salaries were frozen for Administrative Staff. Employee Benefits were restructured. Major building projects were halted.



But it seems somebody forget to look at possible wasteful spending in the construction and maintenance of facilities - a cost-saving measure that not only is not painful, but of benefit to the facilities and the public.



Long-term cost savings and maintenance fees go down, life-cycle costing goes down, and public safety goes up.



Take a look at the New Jersey State Commission of Investigation Report, "Waste and Abuse in School Roofing Projects", and it'll start to make sense.....

http://www.state.nj.us/sci/school.shtm





Who could it hurt to look at cutting unnecessary overspending in maintenance and repairs first - and cut out the non-competitively priced and sole-sourced construction products that do not affect the actual process of educating and inspiring the young, the cornerstone of making our country no. 1 in the world markets?



How many teacher's jobs were lost due to wasteful spending in facilities?



According to one of the University of Cincinnati Board of trustees, they were creating internal structures to stop overspending....and help efficiencies.



Well, if that was the case, they missed their objective in one of the most hidden areas of overspending in education out there:

Roofs.



Here's the latest example: Proof of the non-competitive sole-sourced roofing construction products presently being used in bid documents at the University of Cincinnati.

Roofing, by the way, is just one of many products used to siphon off education funding in enormous profits - and unnecessarily so.

The University of Cincinnati

CAS Science Building Roof ReplacementProject No. 08-1123

Bid Date: July 1, 2008

Projected Cost: $ 350,000

Bid Amounts: $344,972; $374,000; $420,392; $429,500

No. of Squares: Unknown

Type of Roof: Cold-Process Built-Up RoofingRoofing Product Sole-Sourced: TremcoCopy of Specification Page showing Product Spec:

The University of Cincinnati

DAAP Foundry Roof ReplacementProject No. 08-1158

Bid Date: July 10, 2008

Projected Cost: $ 90,000Bid Amounts: $ 87,634; $ 92,900; $ 96,566; $ 96,952

No. of Squares: Unknown

Type of Roof: Cold-Process Built-Up RoofingRoofing Product Sole-Sourced: TremcoCopy of Specification Page showing Product Spec:

The University of Cincinnati

Genome Research Institute (GRI) A & G Roof ReplacementProject No. 08-1338

Bid Date: August 5, 2008

Projected Cost: $ 485,000 to $658,000

No. of Squares: Unknown

Type of Roof: Cold-Process Built-Up RoofingRoofing Product Sole-Sourced: TremcoCopy of Specification Page showing Product Spec:

WCPO TV News Articles:

"Tuition Freeze Pushed at University of Cincinnati"

April 13, 2007

http://www.wcpo.com/content/news/fresh/story.aspx?content_id=D69EAB02-AA0C-4628-B2AE-A82614C42C74&gsa=true

"Job Cuts Part of UC's $27 Million in Savings"

May 22, 2007

http://www.wcpo.com/content/news/fresh/story.aspx?content_id=1ABED6AC-302B-4ABC-B2F8-0260F32AABF5&gsa=true

"UC Announces New Budget"

July 17, 2007

http://www.wcpo.com/content/news/fresh/story.aspx?content_id=7F1DF470-470C-401D-A289-5272EABC9B08&gsa=true

New Tricks....this time Garland...a bid was listed as an "Open Spec" and BAM!!! it goes sole-sourced.....

OK Folks, here we go again!



If you can't stand the heat, change your name or organization.....or in the case of cost comparisions, add a huge lump sum to the contract rather than have higher prices on the products....



In this case, we have "Commercial Innovations" which turns out to be a subsidiary of The Garland Company.

If you check google, a GMX, Inc. is listed at the same address as Commercial Innovations. However, their email address is attributable to The Garland Co.



See the Project herein, just let to bid:

Calaveras High School, Calaveras Unified School District

DSA # 02-109251; DSA File # 5-H2

Addendum # 3, July 11, 2008



and the listing under PART 2 - PRODUCTS is as follows:

2.1 MANUFACTURERS

C. Acceptable Manufacturers:

1. CommerciaI lnnovations, a subsidiary of The Garland Company, Inc.



Page of Specification showing the new name attached below:

Pardon the Personal Note: A Tribute

If you are wondering where I got my tenacity, you are looking at him.

May he rest in peace. Ovid Sylvester Campbell, II

June 19, 1928 - August 17, 2008 (b. Grafton, W.Va., d. Atlanta, Ga.)



Named for:

One of his father's brothers, Dr. Ovid Sylvester Campbell of Grafton, West Virginia. Graduate of Johns Hopkins in the early 1900's , he practiced medicine until he was 94 and passed away at 97.



Nickname while he flew at Eastern Airlines in the late 1950's and early 1960's:

Henry Fonda



Favorite Hobbies:

Gardening & Cars



No. of wives:

Two - one our mother, for 27 years, of Swiss/German heritage from Southwestern Pennsylvania, and whose family has contributed much to the United States



The second, a Swede from Chicago, for 26 years, was an artist from the Chicago Art Institute and who ran the Art/Advertising Dept. at Rich's - over 100 year old high-end Department Store in Atlanta, and who passed two years prior to him.



No. of children:

5 plus 3 step (located in 4 states and three countries)



No. of grandchildren:

4 grandsons, two of which speak two languages fluently

4 granddaughters, who speak two languages fluently and live in Europe

All very bright - and one already playing as a professional musician, working out of New York City. That grandson, the oldest of all of them, got into Julliard....

He's on the right, the oldest grandson.....Evan Mazunik....and the Wings' Drummer is on the left.

At a recording session in New York City, Thanksgiving week, 2007.



Ovid passed along the bright genes in the area of arts and technical problem-solving skills; the music and writing talents of some of us come from our mother's side, also just as bright. We are humbly grateful for those gifts, and strive to use our talents to everyone's benefit - and to pass what we can along.



IQ:

Lockheed Georgia tested him in 1961 at 166. Speaking slow deliberately and putting on a hillbilly accent, they didn't believe it. Second time, he tested at 167. He also had a very fast, imperceptible and smart, witty sense of humor.



Strongest Personality Traits:

Survivor, tenacious, brain that worked like an extremely fast Rubix cube - flying, in fact, to solutions no one else thought of - and funny. Staunch Republican, like the whole family, he kept a Union Civil War rifle that belonged to his great uncles out of the Philippi, W. Va. area in the Civil War - in Atlanta. Under his bed, in fact. Later, he told us that two of his Great Uncles, Union Soldiers from West Virginia, had died at Andersonville, Georgia, during the Civil War.



Influence on our Careers:

Every year, he would take us from Atlanta across the Mason-Dixon Line to West Virginia and Western Pennsylvania to see our considerable family.



One of those first years, when I was 7, he took us to Monticello in Charlottesville, Virginia, where our family came from and had been while Thomas Jefferson lived there. He showed us the remarkable inventions of Thomas Jefferson beyond the tour, including some outside of the house and servicing functions within. That was when I knew I wanted to become an architect.



Work: Air Force:

Flew nine passes through the mushroom clouds for Sandia Labs out of New Mexico, at their Nevada test site, C-47 Crew Chief, early 1950's



Martin Aircraft:

Working on research teams, he found himself working circles around guys with Ph.D.'s He left when the owner's son wanted him to help "spirit" supplies out past the guards. (Sound familiar?)



Eastern Airlines:

Pre-Jet Era First training flight up, the 25-year veteran pilot came in 600 feet short of the runway in 6 feet of snow, in a Lockheed Constellation (a "Connie"), at MacArthur Airfield, Long Island, NY, January 1958.



Dad was pinned up against the dash (Flight Engineer) and the firemen got him out just before the flames took hold.



The next day, Eddie Rickenbacker stood by his hospital bedside for the NY Times Photographer to take the picture - for the front page of the paper. Eddie Rickenbacker offered to have him taken care of for life and never having to fly again - and Dad looked at him like he was crazy and turned that offer flat down!



Turned out the photographer, John Radosta, was the son-in-law of Dad's uncle, the Dr. for whom he was named. John Radosta later became the NY Times Sports Editor, and we saw him and his wife whenever they came through Atlanta.



Photos Courtesy of the New York Times



And then there was a second incident, while taxiing for takeoff at LaGuardia Airport on Long Island, New York (now JFK Airport for the younger guys), the left landing gear collapses on them in a Lockheed Galaxy.



Photo Courtesy of the New York Times



Yes, the plane all of a sudden sat down on the ground, when ready for takeoff!



Photo Courtesy of the New York Times



He later told me that the "Queen of Egypt" was on the flight. Well, if there was one, I would believe it. If not, it was his usual wit, as he could have been describing sooooome kind of lady on that plane! (And some of you wonder where I got the wit from!)



Lockheed Georgia:

One of their 72 Worldwide Tech Reps for their C-130's, and partially during the Vietnam War



Posted internationally to:

Capetown, South Africa, during rioting Jerusalem, Israel during the Six-Day War - and turned both down for his family's safety



Posted domestically to:

Wright Patterson AFB (Dayton, Ohio)

Lackawana AFB (Buffalo, NY)

Pope AFB (Fayetteville, NC)



One incident at Pope AFB stands out - other than watching the jado rockets on the backs of C-128's taking off in short runway lengths.



One day, my Dad took us to meet the General at the Base. We walked into the hangar, and met a lot of folks along a very long table, facing us. The General was introduced to each of us. When it got my turn, I looked at him and said, "Are you the man giving my Daddy so much trouble?"



Everyone cracked up as much as they could with those uniforms on, and my Dad almost passed out. I was only 12. Portents of things to come.....



Another incident surrounding his work at Lackawanna AFB really stood out. He brought us up from Atlanta for the summer to Buffalo, New York.



Now if you have lived in both places, you would instantly recognize that this was not a move up. It was the summer of 1971, and we were definitely living way too close to others in those Archie-bunker style houses. We thought we had hit the slums.



He was terrified that we would say the word "Mafia" and we were strictly forbidden from doing so. He said a lot of the civilians at the AFB were - they thought - involved. And he said that they kept trying to get him to join........



Worse, we lived about two blocks from the Western New York Mafia Chief's Funeral Home, where shortly after arriving, a casket shipped from that Funeral Home was found to have two, not one, bodies in it when it arrived in Ohio.



But one day, he took all five of us kids on a trip to the outside of the home of that Western New York Mafia Chief. He drove up in front of that home, with a long white picket fence and a long white frame house set up on the hill (escarpment), lots of green yard up to it....and told us to be quiet and just sit there and look straight ahead.



After about 10-15 minutes, he drove off. And I knew what he had done, later.



He was saying, "I have a family and will not be involved."



In West Virginia-speak, that meant "butt the you know what out" and don't even think about it....my family comes first.....



Never ever mess with a West Virginia hillbilly!



Federal Aviation, Southeast Region:

Retired as a GS 17 - was an Air Carrier Maintenance Inspector.



Delta VP's were screaming bloody murder at the fines levied by the FAA after one of his inspections ($300,000 in the mid-70's) - he could listen to a jet engine and tell what was wrong immediately, brought in on crashes.



He found himself assigned to "tough guys' " airlines...if you get my drift.... the only one willing/able to do it, apparently. They probably had heard about what he did with the repeated invitations to join the "tough guys" at Lackawana AFB............



A number of times, he had to listen to tapes of planes crashing, some of the guys having been ones he had known or flown with at Eastern. It was crushing. He could usually tell what was wrong with the plane if mechanical issues were involved, from the recordings.



But one time, in the late 1970's, he checked out a Southern Airways flight, No. 242, before it took off and headed northwest from the Atlanta Airport to Huntsville, Alabama, turned around and came back to Atlanta. He went across the highway to the FAA Southeast Region headquarters, started typing up the report, and heard it had crashed in bad weather northwest of Atlanta.



I was just getting out of Georgia Tech, last quarter before my first job, and he called, sobbing, at about 3 am. He said that he got to the site and found people walking around, dazed, with their skin peeled off and no clothes...some of the ones who survived. He said he walked over to the engines and looked and knew immediately what had happened. He saw that the moving parts - the fans - in the engines were melted together, not moving.



He suspected what the subsequent investigation showed: without a Flight Engineer on the plane, the Pilot and Copilot did not see that the engines were heating way too much when they applied more fuel and tried to force them to start back up - melting the parts together so that they would never move again.



The problem was that when they flew through the hailstorm, the engines got ingested with hail, stopping the fans from moving, causing the engines to stop in mid-air - and then the parts got melted from the overheating by applying more "fuel to the fire". 



The FAA findings on the same is located on the Aircraft Owners and Pilot Association, here:   

http://www.aopa.org/asf/asfarticles/sp9808.html



Oprah has had the TV reports on air that actually show him walking around at the crash site in a yellow slicker - the same report that he pointed himself out on to us at the time.



About 30 men came to his funeral from the FAA that had been trained by the Tuskegee Airmen - a great honor.



Favorite sayings:

"I never met a vegetable I didn't like!" and could he grow some of the best anyone ever tasted! (He used chicken you-know-what on his tomatoes, the tomatoes called the best-tasting ever by those who ate them!)

His gardens & land:

At the home in Dunwoody, Georgia where he lived (northern suburb of Atlanta) - the tiny azaleas in the yard with 15' diameter azaleas (not shown), and Dogwoods laced through the pines on 2 acres:

Copyright 1991-2009 by Janet C. Campbell

At his farm on the top of a mountain in the lower whip-tail end of the Appalachians, in North Georgia, Fall, 2007:

Copyright 2007 - 2009 by David K. Campbell



With one of his five siblings in the early 1950's:

This is him on the right, to the left in the picture is John Campbell, his younger brother, who had just made the major leagues in baseball out of the Virginia farm teams as a pitcher.



John got very ill with a life-altering disease shortly thereafter and had to leave the game.



They are pictured on the farm they grew up on, where the family were the first white settlers in this area of Virginia in the 1780's, now the eastern part of West Virginia. The farm was sold to family in the 1990's.



Much of the family is buried there, for the past 200 years. Previously, they were in Charlottesville, Va. from the 1720's to the 1780's and before that, in Jamestown, Virgina, where we came to the Americas in the 1680's from Scotland, prior to the Glencoe Massacre in Scotland in the early 1690's.

Church Affiliations:

Born and Raised a Methodist From the early 1950's to the early 1980's, Plymouth Brethren To the end, Mount Paran Road Church of God in Atlanta - a huge congregation.

Copyright 1980-2009 by Janet C. Campbell



The Campbell Family's Methodist Church Near Audra State Park, Volga, West Virginia





May He Rest In Peace



Georgia National Cemetery, Canton, Georgia Copyright 2008 by David K. Campbell Copyright 2008 by David K. Campbell

The Pittsburgh PA area wins again!

Congratulations, Ellwood City! The Pittsburgh Pennsylvania area has sure "gotten it" in some school districts where you have gotten savvy to how certain manufacturers and not just in roofing target your schools for overcharges and construction done again way tooooooo soon!



Your area districts got it also in regular bidding contracts again, and we reprinted your presentation here: It's a great model for opening others' eyes!!!



 For those who want to know what happened, here is the article from the Ellwood City Ledger: (located at: http://www.zwire.com/site/index.cfm?newsid=19431938&BRD=2724&PAG=461&dept_id=563781&rfi=8

 

Rescinded roofing contract victory for minority

 

Nicole Madgar, Ledger Staff

03/27/2008

NORTH SEWICKLEY TWP. -



"In a triumph for the Riverside School Board's minority, members Derek MacKay, Emmett Santillo and Amy Marberger presented a decision-changing argument Wednesday to reinforce their belief the board voted prematurely for a contract to replace the high school roof.



Just nine days earlier, the board voted unanimously to have Weatherproofing Technologies of Cleveland replace the roof prior to the start of the next school year.



That decision was unanimously overturned at a special meeting Wednesday.



At the start of the three-hour meeting, several board members were agitated that MacKay had even called it. Bob Snyder, board president, said that in the three months prior to the vote, no members raised any serious concerns with using Weatherproofing Technologies Inc., a subdivision of Tremco in Ohio.  



MacKay and Santillo said had they been provided information about pending lawsuits against Tremco or been presented with a cost comparison for other roofing contractors, they would have voted differently.



Superintendent David Parry said he had seen information on an Internet blog about litigation concerning Tremco in Indiana, but did not remember when."  



[Note: Diana Vice's blog - she is specifically involved in exposing the newer educational purchasing association aspect of the scam.]



"Parry said that during the three-month process leading to the vote on Tremco's contract, he was concerned about determining whether the district should join the Association of Educational Purchasing Agencies and forgo the bidding process. He said he spoke with five other school districts and a representative from UPMC Shadyside, who all gave Tremco an extremely high recommendation."

- - - - - - 



[Note: to those not in the know - Tremco is the chosen roofing materials provider through the Association of Educational Purchasing Agencies. It is documented that Tremco was instrumental in assuring that selection.



There are two known parts to the roofing scam targeting schools: 



 One is the traditional path, through bidding on {illegally} sole-sourced construction products in construction specifications, known as contract documents, or through school purchasing associations - much more recent than the now over 40-year marketing scam attached to SBS modified bitumen roofing products by certain manufacturers. See here for graphic charts that clearly describe the way bidding documents should be prepared, how they are prepared in the scams....and how the educational purchasing association process was subverted by tremco: http://schoolroofingscam.blogspot.com/2008/02/roles-responsibilities-of-facility.html



The problem for those using the latter path, that of buying roofing products through a purchasing association, is that those doing so are practicing architecture and engineering without a license, could be doing so without the approvals of building permit officials and lack of obtaining building permits, and possibly without the approval of School District Officials, including School Boards.



Roofing Products are fire-rated materials that must be specified by architects and possibly engineers; conditions on roofs and the elements to which they are exposed demand - for standard of due care issues - that Registered Roof Consultants (RRC's) not tied to any manufacturer have bona fide roof testing labs look at existing conditions, and that the RRC's do the design in conjunction with architects. During construction, the owner should only employ a Registered Roof Observer (RRO), not tied to any manufacturer, in order to protect the life, safety, health and welfare of the public.}



- - - - - -

" 'It's the responsibility of the superintendent to provide the board with enough information to make good decisions," Parry said. "In hindsight, I should have shared the information.'



 In addition, the decision to use Tremco was pushed ahead because of concerns the roof would not last another year. Mary Hoffman, board secretary, said $15,000 has already been spent on roof repairs since its warranty expired in 2003 or 2004.



Board member Mary Grzelka said her notes showed the roof had been fixed 13 times since 2004 and 33 areas of the roof had leaked. "



" 'If we had accepted bids, sure there could be better ones,' Snyder said, 'but we didn't want to leave our kids in that environment, so we voted to use Tremco and get a roof this year.'



 In addressing litigation involving Tremco, Greg Fox, district solicitor, said that he would need more time to look at each case individually to see whether Tremco was the plaintiff or defendant before determining the validity of the claims.



  Regardless of what information was shared or withheld, MacKay's actions led to the Pennsylvania Department of Education's rejection of Tremco's contract with Riverside.



In a letter addressed to MacKay, a department representative said that engineering or architectural services for the project must be obtained by the district, not through Tremco and the purchasing agencies organization.



 That letter left the board with decisions to rescind the contract with Tremco or hire an outside architect at an additional cost to Tremco's quote of just under $2 million.



Prior to making their decision, the board heard from Phillip Foreman, owner of Foreman Architects Engineers, which was hired at the March 17 meeting to do a capital improvement study. Foreman said his company could get the roofing job done this summer if hired by the district in the next two weeks.



Its estimated cost was $1.5 million to $1.6 million, plus a 6 percent architect fee of approximately $96,000.



Foreman also said that, if the project was not completed by the start of school, work could be done with students in the classroom. Foreman said should Riverside use his firm, its design company, PerFOREMANce Roofing Design, would design drawings and specifications for the project.



Foreman Architects would then put the project out for bid to contractors."



 " 'Professional registered architects and professional registered engineers would observe the installation of the roofing system," Foreman said. Most manufacturers of flat roofing systems provide a 20-year warranty on their product, Foreman said. After the contractor installs the roof, that warranty would then be handed over to the district.  



In Tremco's defense, Rich Kosuda, a senior field adviser for the company, said that any legal questions could be addressed with Tremco's legal department."



" 'We've proved we are the leader in the roofing industry,' Kosuda said, saying the company has had 350 projects in Pennsylvania with 150 school districts."

©Ellwood City Ledger 2008

Indiana State Attorney General rules the Educational Purchasing Agency Scheme Illegal

The Indiana State Attorney General has ruled as of November 3rd, 2008 that all construction contracts have to be competitively bid and that the roofing products specifically cannot be purchased through a Purchasing Association! 



For those in the roofing industry - this is a major step towards competitive bids required in school roofing - not to mention all other products. Here's to sense and sensibility - and good laws! 



The key parts of the ruling:?



"...the purpose of the public work statute and its bidding requirements is to protect the public by ensuring that the process is competitive." and "...the conclusion that roof repair/replacement projects are not subject to the public work statutes would be contrary to the spirit and purpose of the public works law." and "...Regardless of the cost, all public work projects have certain statutory requirements related to bids and quotes that must be observed before contracts are awarded for the project." and "...Upon declaration of an emergency, a contract for a public work project may be awarded without advertising for bids or quotes are invited from at least two (2) persons known to deal in the work required to be done." Note: Statutes govern who can specify construction products, particularly related to fire-rated products and on public buildings. 



 Further, as in the post below, the FBI has caught a New Orleans Administrator using "emergency" work in a way some of you are all too familiar with:

" Carl Coleman, a former risk manager for the New Orleans Public Schools, pled guilty to accepting some $300,000 in kickbacks in exchange for giving contractors favorable treatment on “emergency bid” work. Following this case, the New Orleans Police Department, U.S. Department of Education, FBI, and others created a working group to review and investigate alleged criminal violations in the New Orleans Public Schools. So far, the group’s work has led to over 25 convictions." 



 And here's the letter: You can see it also at Diana Vice's blog, at: http://diana-vice.blogspot.com/2008/11/breaking-news-attorney-general-steve.html

Asbestos found during Tremco reroofing project while classes were in session - in a Pittsburgh, PA area Elementary School, Sept., 2008

UPDATE:

KDKA in Pittsburgh, PA (CBS) aired a news segment on the story below, with angry parents and school board members yelling at the Tremco Rep. You can see it here:

http://kdka.com/local/Elementary.school.asbestos.2.819273.html

___________________________

According to the articles referred to below in the Pittsburgh Post-Gazette: 

A roofing contractor's workers on an elementary school job in Pittsburgh, PA discovered possible asbestos on the job while performing the work. 

Work continued while tests were made that proved positive for asbestos, with faculty and students left in place. 

A School Board member questioned the Tremco Rep as to why they had not tested the roof for asbestos prior to the start of work; their reply was that the School District had supplied them with documentation that there was no asbestos in the existing roof.  

According to the articles, so far, two School Board Members had not yet received a copy of that documentation said to have been supplied by the School District.

Updates as they happen…… From the Pittsburgh Post-Gazette, excerpts below: 

 

Park Elementary School remains closed

Thursday, September 18, 2008

By Mary Niederberger http://www.post-gazette.com/pg/08262/912974-55.stm

 

"ParkElementary School in Munhall remained closed today as district officials await the results of air sampling tests taken at the school where asbestos was found Sept. 5 during a roof replacement project."

"The district was notified Sept. 8 that core samples taken from the roof tested positive for asbestos. Parents were notified Tuesday afternoon, and 350 students in grades one through five continued to attend the school until it was closed Tuesday night."

"Dave Zazac, a spokesman for the Allegheny County Health Department........said the type of asbestos found in the roof was compressed, rather than airborne, and was unlikely to pose any health risk to students or staff.

Similar comments were made by Bruce Mancini, of Tremco, the roofing project manger, at Tuesday's board meeting. But parents said they did not believe him and questioned why information about the asbestos was kept from them.

At the meeting, Park fourth-grade teacher Kevin Tomasic produced a chunk of the roof that he said a student had given to him. He said the chunk would be sent for testing.

Mr. Zazac .... described the material as 'foam that was bonded to the roof' and said it did not contain asbestos. The district release said contractor Phoenix Roofing notified the district Sept. 5 that workers suspected asbestos was present in the roofing material they were removing."

"When district administrators learned Sept. 8 that the materials tested positive for asbestos, the roofing project was stopped.

Despite those test results, Mark Cherpak, the district's director of operational services, told a Post-Gazette reporter Sept. 11 that the district was still unsure whether asbestos was in the roof.

On Monday, Mr. Cherpak acknowledged that he lied and confirmed that asbestos had been found in six of eight core samples taken from the roof. He said he did so because not all of the school board members knew and he didn't want them reading about it in the newspaper.

The district did not inform parents that asbestos was in the roof until after an article about it appeared Tuesday in the Post-Gazette. That afternoon, students took home a letter in their weekly information folder from the school."

"Mrs. Cannon and other board members questioned Mr. Mancini on Tuesday about why his firm didn't test roof samples for asbestos before embarking on the project. Mr. Mancini said the district provided him with an asbestos inspection report from 2005 that said the school was asbestos-free.

Board members told Mr. Cherpak they wanted to see copies of that report to determine who did the inspection. As of yesterday, neither Mrs. Terrick nor Mrs. Cannon had received a copy.

Mrs. Cannon expressed anger at Tuesday's meeting that the roofing project was still in process during the school year. She said the schedule for the project called for it to be completed before school started Aug. 28.

If the project had gone as scheduled, she said, the asbestos problem would have been discovered 'before the kids ever went into that building.' "

And excerpts below from:

Asbestos closes Munhall school

Wednesday, September 17, 2008

By Mary Niederberger

http://www.post-gazette.com/pg/08261/912686-55.stm

 

"Two days after SteelValley school officials acknowledged asbestos had been found in the roof of ParkElementary School, district officials announced that the school will be closed until concerns over the asbestos have been resolved."

"The roofing contractor, Phoenix Roofing, has submitted an asbestos abatement plan to the health department, and board members said last night they also want to review that document. 

The discovery of the asbestos did not become public until yesterday, when it was published in an article in the Pittsburgh Post-Gazette. That disclosure, and a letter that was sent home with students yesterday, brought dozens of parents to last night's board meeting, many of them expressing concern for their children's safety.

On Monday, the district's director of operations, Mark Cherpak, confirmed for the Post-Gazette that repair work on the roof had stopped and that asbestos had been found in the core samples.

Mr. Cherpak also acknowledged that he lied to a Post-Gazette reporter when he was asked on Sept. 11 if there was asbestos in the school building's roof. At the time, he said the tests on the core samples had not been completed. However, the district received the report on the core samples on Sept. 8, and board members were briefed on the results the following day."

"At last night's meeting, Bruce Mancini, of Tremco, the firm that is supplying materials for the roofing project, told parents that the asbestos found in the roof was not friable, or airborne, and posed no health threat.

Acting board President Pam Terrick said students would not return to the school until officials were assured by county health officials that the school was safe."