Fighting for Fairness

On April 2, voters approved a Springfield Public Schools’ proposal to issue $71.65 million in bonds for school construction, teacher pay and classroom technology. For construction firms such as DeWitt and Associates Inc. or Mechanical Services Inc., the bond presents another opportunity to land contracts that can keep their workers busy and their families fed. But for Springfield-based minority-owned contractors, architects and designers, their organizers say the same opportunity might not exist.

“We meet every first Tuesday of the month to discuss these types of issues. It is not something new,” said John Oke-Thomas, owner of John Oke-Thomas Architects and president of local networking group Minorities in Business.

Since 2000, voters have granted SPS more than a quarter of a billion dollars for upgrades to buildings and other priorities for a district that is growing at a clip of 115 new students per year. With the voter-approved funds, the more than 60-year-old Parkview High School has been completely remodeled, Hillcrest High School has received an $8 million expansion, and two middle schools – Carver and Westport – have sprung from the ground up as part of the bevy of projects awarded to local builders and designers.

Yet, of the 41 voter-approved bond projects awarded to contractors since 2006, no minority-owned businesses were selected to manage the projects, according to data provided by the district.

As a result, Oke-Thomas said several minority-owned businesses such as Davidson Contracting Co. and Associated Design Group have shut their doors during the last decade.

“Ten years ago, we had four minority-owned general contractors. Today, we have one. Ten years ago, we had three minority-owned architectural firms. Today, we have one. Ten years ago, we had 11 minority-owned subcontractors including electrical contractors, plumbing contractors, painting contractors. Today, we have three,” Oke-Thomas said, acknowledging that the recent economic downturn contributed to the closures. “But the majority of that is because they just couldn’t find work, and they moved away.”

Days prior to the recent bond vote, the board of minority business owners came out against the ballot issue and called for mandates in school construction projects to provide equitable opportunities for minority businesses.

“I have been very disappointed in that whole situation because we don’t even know who the minority businesses are,” SPS Superintendent Norm Ridder said, calling any allegations that the district has purposely not hired minority-owned contractors “ridiculous.”

While both sides acknowledged ongoing meetings are showing promise toward a middle ground, Ridder said he has asked the MIB group to provide a list of minority-owned contractors and design firms, but one has not been provided.

With both sides willing to continue a dialogue, Ridder believes the path for future cooperation and communication has been paved.

He said discussions already led to a policy change with regard to bidder qualifications in 2010.

Scott Wendt, SPS director of business operations, said the district initiated a policy two years ago asking general contractors to seek minority-owned businesses for subcontracting work.

“We implemented using the (Disadvantaged Business Enterprise) form as part of the bidding on construction projects,” Wendt said. “With any construction project, if we anticipate that it is going to cost more than $100,000 to complete the work, we require the bidders fill out a DBE form. The form requires them to make a good-faith effort that minority-owned or disadvantaged businesses be included in the project.”

Wendt said with design firms, the district advertises a request for qualifications.

“As we look at specific projects, we go to that list to make a determination, looking at the different type of experiences and what’s needed for a particular project,” Wendt said. “On the design side, we have to select the company we feel is the best for a particular job, and then we negotiate a fee.”

Wendt said a seven-member internal committee selects firms for design projects supported by voter-approved funds.

In choosing a general contractor, he said the district selects the lowest responsible bidder.

Jerry Hackleman, vice president of the Springfield Contractors Association and senior vice president of DeWitt and Associates, said his firm – which is finishing up work on the $11.7 million Westport Middle School – has sought minority-owned subcontractors for projects such as the city’s Traffic Management Center in recent years. He said because there is a relatively small pool, it can be challenging to match the right subcontractor with the right job.

“There aren’t the people here capable of doing the work that the district usually has,” Hackleman said. “Of the few MBEs, or minority business enterprises, there aren’t that many in southwest Missouri that can handle a project of much size. We can find them once in awhile. And it depends on what trades are needed. If it is certain trades (such as) excavating, or setting steel or doing drywall, those kinds of people aren’t there.”

Oke-Thomas said as a public entity, the district has a social responsibility to award projects to a diverse group of qualified bidders.

“I understand the school district’s point of view. Their point is that they have made a good-faith effort by requiring general contractors make a good-faith effort. And that is all well and good, but if you ask someone to make a good-faith effort, and there is not stick or carrot behind it, guess what, they don’t have to do it. It is an extra step,” Oke-Thomas said. “What’s the incentive to make that extra step?”

Wendt said 17 architectural firms have submitted a statement of qualifications for 2013 voter-approved projects, none of which, to his knowledge, are minority-owned firms.

Oke-Thomas’ 20-year-old firm, the only minority-owned Springfield design firm, according to MIB, did not submit qualifications because its owner said he missed the deadline. Oke-Thomas said while he has done work with the district in the past – most recently in 2000 – he mostly focuses on federal projects and school district jobs in Fort Leonard Wood, Kansas City or St. Louis.

“People gravitate to where they have opportunities,” he said.