TOWN OF CANTON Four Marker STREET P.O. Box 168 COLLINSVILLE, CONNECTICUT 06022-0168 ‘OFFICE OF THE FIRST SELECTMAN December 23, 2014 Mr. Richard E. Maloney, Director Connecticut Department of Consumer Protection ‘Trade Practices Division 165 Capitol Avenue Hartford, Connecticut 06106-1630 Dear Mr, Maloney, This letter is for the purpose of filing a formal complaint pursuant to Section 20-300-i4a of the Regulations of Connecticut State Agencies against Frank C. Borawski, a Conrecticut licensed professional engineer, for violations of the Code of Ethies, Sec, 20-30-12 of the RCSA. ‘The Town of Canton acting through its Board of Selectmen caused to be issued a request for proposals for the design and construction of a municipal highway garage. One of the respordents to that RFP was PDS Engineering and Construction, Ine. of which Mr. Borawski , a CT Licensed Professional Engineer, is a Vice-President. The PDS bid was the lowest amount for the primary site contained in the RFP. Another bidder did submit a lower bid for an alternate site as provided by the RFP, After the RFP's were publicly opened Mr. Borawski submitted a letter (Exhibit 1) dated July 3, 2014 to the Town of Canton in which it was stated that an error was discovered which caused the project cost to be $656,000 higher than their original bid. The total project cost was now $5,289, 769.00 ot $10,321.00 less than the second lowest bidder for the primary site. The Town of Canton after evaluating the bids for the primary site and the alternative site chose the primary site option as the preferred alternative, However, after consultation with the Town Attomey, the Selectmen chose to award the contract to the second low bidder as it was determined that while the PES bid after the alleged error was still the lowest bid for that ‘option, PDS had unfairly gained an advantage by revising their bid after the bids had been opened. In accordance with the Town’s procedures the Town entered ino a contract with the selected bidder and negotiated a price for the project employing the design/build concept. The Board of Selectmen after receiving approval from the Board of Finance then issued a public notice (Exhibit 2) on Septembe- 23, 2014 which announced that a special town meeting would be held on October 22, 2014. Pursuant to the Town Chatter such a special town meeting must be held which is then adjourned to a town referendum, Such a referendum was scheduled for November 4, 2014, Once the town meeting was scheduled the Town had no formal opportunity to consider any alternative project options without restarting the referendum process from the beginning. Such an action would have precluded the referendum question being placed on the November election ballot and could have exposed the Town to a legal challenge by the selected bidder who had entered into a contract with the Town On September 24, 2014 State Senator Kevin Witkos delivered to the Town First Selectmen and Chief Administrative Officer an anonymous proposal for a project which would inclide a combination new municipal highway garage and fire station at a town owned site at 51 River Road. As part of anorymous proposal the existing fire station at that site and a baseball field on an adjacent town parcel would be removed, # new combination highway garage/fire station constructedat that location, the existing highway garage would be derrolished and two baseball fields at undisclosed location(s) ‘would be constructed. Senator Witkos stated that the proposal was submitted on behalf of'a number of former and current public officials who did not wish to be identified. The total cost for the proposal was $4,735,000, an amount less than what PDS had previously bid for only the highway garage. Part of the submission included a letter (Exhibit 3) dated September 23, 2014 addressed to Town of Canton, 4 Market Street, Canton, CT 06022, Attention: Permanent Municipal Euilding Committee. The letterhead was blanked out as was the signature block. Also included was a site plan (Exhibit 3) and elevation view (Exhibit 5) which did not contain the ‘name of the preparer or seal. Through the print media it was later acknowledged by Mr. Borawski that he in fact had prepared the proposal for his “golf buddies”. The proposal was submitted three months after the closure date for the ‘Town's RFP for design/build proposals for the municipal highway garage. In conversations with Mr. Borawski on October 16, 2014 he originally denied to me that he had prepared the letter to the ‘Town which had the letterhead and signature block blacked out. After enhiancing the copy submitted by Senator Witkos it became apparent that in fact the letterhead was that of PDS Engineering & Construction, that “PDS Engineering &” had been blacked out in the body of the letter and that Mr. Borawski’s signature was on the letter. In an email exchange (Exhibit 6) between me and Mr. Borawski he did in fact admit that the documents were from his, firm, and that he never sent the fetter to the Town of Canton as addressed. In the interest of transparency the Town did in fact have the anonymous proposal reviewed by the Town Permanent Municipal Building Committee, the town’s consulting engineer and the town planner who determined that the project as proposed had major zoning regulatory separation and buffer distance deficiencies which would preclude the development of the site for the highway garage/fire station as proposed. Unfortunately, the emergence of this eleventh hour proposal raised questions which had an adverse impact on the referendum at which the Town's proposal for a new highway garage was defeated, On October 10, 2014 the Town received a legal opinion from the Town Attorney stating that no formal action should be taken on the alternative proposal (Exhibit 4). | submit that Board of Examiners for Professional Engineers and Land surveyors should determine if through his actions Prank Borawski did violate the following sections of the Professional Engineers and Land Surveyors Code of Ethics: (1) Section 20-300-12(a}(5) by not being completely o3jective, truthful in all professional reports, plans, maps, surveys, sketches, drawings specifications, other documents, statements, or testimony and that he did not include all relevant and pertinent information in his reports, plans, maps, surveys, sketches, drawings, specifications other documents, statements or testimony in that his letter of September 23, 2014 and accompanying site plan lacked any creditable information to support his cost proposal and that the site plan and elevation view did not contain the minimum information such as the source of the property boundaries, the design did not conform to the Town land use regulations and that the plan did not even contain information acknowledging that in fact he had prepared (2) Section 20-300-12(e)(6) by expressing an opinion which was not founded upon adequate knowledge of the facts in issue, upon a background of technical competence in the subject matter, and upon an honest convietion of the accuracy and propriety in that among other things he tad proposed a facility that through 2 cursory review of the Town land use regulations he would have known was non-compliant with those requirements such as minimum set back distances ftom property lines and did not in fact provide the same square footage of the existing fire station the proposal was alleged to replicate; (3) Section 20-300-12(a)(7) by issuing statements, criticisms, or arguments on matters connected with public policy which were inspired or paid for by an interested party or parties, his “golf buddies” and in doing so did not preface such actions by explicitly identifying himself or the identities of the party or parties on whose behalf he ‘was speaking, and by not revealing the existence of any pecuniary interest he may have had in that he as a disqualified bidder on the Town’s proposal for a new highway garage did then prepare an altemative proposalwhich was anonymously submitted to the Town for the explicit purpose of causing a contradictory and confusing proposal to the referendum which the Town had scheduled for the purpose of funding its new highway garages (4) Section 20-300-12(a)(15 by misrepresenting his degree of responsibility in or for the subject manner by preparing a site plan which did not properly identify himself as the preparer and then despite addressing his subject proposal to the Town of Canton did not in fact deliver documents to the Town, but rather gave them to his “golfing buddies”. Took forward to the results of your investigation and action by the Board. incerely, Kh caashyf aes Richard J. Barlow, P.E- First Selectman ‘Town of CantonExnane | aes PDS ENGINEERING & CONSTRUCTION, INt July 3, 2014 Town of Canton P.O. Box 168 Collinsville, CT 06022 ‘Attention: George Wallace RE: Public Works Facility Dear Mr. Wallace, This letter isto inform you of a math error that was discovered by our team this week while verifying project scope. Our estimator did not total the HVAC cell in his spread sheet, thus missing $656,000.00 in cost to the bid total. Therefore, cur price for your project ie $5,289, 769.00 a8 per our drawings aid architects specifications. We apologize for any inconvenience this has caused, If you have any other questions, please do not hesitate to call Sincerely, FranC. Borawski 107 Old Windsor Road, Bloomfield, Connecticut OS0D2 + Tel: (60) 242-3586 + Fax: (B6C) 242.8587 + www.ndeec.com ‘Affirmative Action Equal Opportunity EmployerExner Z TOWN OF CANTON NOTICE OF SPECIAL TOWN MEETING ~ OCTOBER 22, 2014 REFERENDUM - NOVEMBER 4, 2014 A special town meeting of the electors and citizens qualified to vote in town meetings of the Town of Canton, Connecticut, will be held at the Canton High School Auditorium, 76 Simonds Avenue, in Canton, Connecticut, on October 22, 2014 at 7:00 p.m. for the following purposes: 1. To consider a resolution, (@) __ toappropriate $4,780,000 for costs in connection with the acquisition of the site for and design, construction and equipping of an approximately 19,000 square foot municipal highway garage to be located on an approximately 4.75 aere parcel of land now or formerly ‘owned by Canton Commerce Associates LLC, known as 325 Commerce Drive in Canton, and related work, improvements, equipment and appurtenances. It is contemplated that the project will include garage bays, a mechanic’s bay, a wash bay, office space, a lunch room, locker space, an exterior refueling area and a salt shed. ‘The appropriation may be spent for acquisition, design and construction costs, appurtenances, equipment, materials, testing and inspection costs, surveying, engineering and other consultant fees, legal fees, net temporary interest and other financing costs, and other expenses related to the project or its financing. ‘The Permanent Municipal Building Committee shall determine the scope and particulars of the project, and may reduce or modify the scope of the project; and the entire appropriation may be spent on the reduced or modified project; (b) to authorize the issue of bonds or notes of the Town in an amount not to exceed $4,780,000 to finance the appropriation for the project, and to authorize the issue of temporary notes of the Town in an amount not to exceed $4,780,000 in anticipation of such bonds or notes and the receipt of grants; to authorize the First Selectman and the Treasurer of the Town to determine the amounts, dates, interest rates, maturities, redemption provisions, form and other details of the bonds or notes and temporary notes, and to perform all other acts which are necessary or appropriate to issue the bonds or notes and temporary notes; to take such action to allow temporary advances of available funds which the Town reasonably expects will be reimbursed from the proceeds of borrowings; and to authorize the First Selectman and the ‘Treasurer to bind the Town pursuant to such representations and covenants as they deem necessary or advisable in order to maintain the continued exemption from federal income taxation of interest on the bonds or notes and temporary notes authorized by the resolution if issued on a tax-exempt basis, including covenants to pay rebates of investment earings to the United States in future years and to make representations and enter into written agreements for the benefit of holders of the bonds or notes to provide secondary market disclosure information, which agreements may include such terms as they deem advisable or appropriate in order to comply with applicable laws or rules pertaining to the sale or purchase of such bonds or notes and temporary notes; and (©) toauthorize the Board of Selectmen, the First Selectman, the Treasurer, the Chief Administrative Officer, the Permanent Municipal Building Committee, and other proper officersand officials of the Town to take all other action which is necessary or desirable to construct and complete the project and to issue bonds, notes or temporary notes to finance the aforesaid appropriation. 2, Pursuant to Sections 7-7, 9-369 and 9-369d of the General Statutes to adjourn said town meeting at its conclusion and to submit the resolution to be presented under item 1 of this Notice to referendum vote on Tuesday, November 4, 2014, between the hours of 6:00 A.M. and 8:00 P.M, in conjunction with the election to be eld on that date. Application for absentee ballots should be made to the Town Clerk’s office. Electors and persons qualified to vote in town meetings who are not electors shall vote on the question at the following polling place: Canton Town Hall, 4 Market Street, Collinsville, Connecticut. ‘The aforesaid resolution will be placed on the ballots under the following heading: “SHALL THE TOWN OF CANTON AP>ROPRIATE $4,780,000 FOR ACQUISITION OF THE SITE FOR AND DESIGN, CONSTRUCTION AND. EQUIPPING OF A MUNICIPAL HIGHWAY GARAGE; AND AUTHORIZE, ‘THE ISSUE OF BONDS AND NOTES IN THE SAME AMOUNT TO, FINANCE THE APPROPRIATION? ‘Voters approving the resolution will vote “Yes” end those opposing the resolution will vote “No” The complete text of the resolution to be presented under item 1 of this notice is on file and available at the office of the Town Clerk for public inspection during regular business hours. Dated at Canton, Connecticut, this 23" day of Sestember, 2014. Canton Board of Selectmen: engi 3 “ ns penit a Gallainis consents Iiéc - Designvaifa ude wags rate placer Proece:° oes che \ pleased ta submit ovr detigny/built proposal tabed oreertaleereative ‘Gollinevils sectioivet tao; Our proposal ishereby broken-dawn as * * a ‘ott + Reniohal of Pueting Town Garage, & Rew tap tasebial Petts. 7 : 2 Toray $ 4,738;000. } \ Pliage fel eee tocontact meat any tine to-discuss Turthen:,EXHBIT © Barlow, Richard a From: Frank Borawski Sent ‘Thursday, October 16, 2014 1:40 PM. To: Barlow, Richard Subject: RE: Cover letter Dear Mr, Barlow, these documents are from my company, but the documnent addressed to the building committee was never sent to the town, It was requested by the group pushing for River road and given to them. It was obviously never sent to you and we apologize for any problems this could present for you, We have worked for many towns in this state and have only good references. We understand public bidding guidelines and would not try to circumvent them, and agree with your award to OAS on the last bid. Frank Borawski rlow, Richard [mailto:RBarlow@TownofCantonCT.org] Sent: Thursday, October 16, 2014 12:18 PM To: Frank Borawski Subject: Cover letter Mr. Borawski Following up on our telephone conversation of this morning regarding the alternative proposal anonymously submitted to the Canton CAO by attachment | am providing the cover letter dated September 23, 2014 in which the letterhead, company name and signature were blacked out. You indicated that you had not prepared such a letter. Based on a comparison to a letter you signed sent to the Town of Canton dated July3, 2014 the company logo, company name in the body of the anonymous letter and the signature appear ta be yours, So that you or your firm may nat get ‘unnecessarily tainted with this proposal, please verify that you, nor anyone representing your company created or signed this document. iFattached copy is not clear enough | will overnight you a hard copy. Thank you for the attention to this matter, Richard Barlow First Selectman Town of Canton