Hi

In continuation of my email about the Blackhorse Road paving project, I now move to the next Township meeting of 26 October, 2015.

It is pointed out that the same equipment is on the Blackhorse Road job since the contract was found to be void, using the same people as the company D & L Construction uses. Furthermore, there is no such company named D & L Paving and Excavating. The conversation was then held until Township attorney Steve Siana arrived. Here is the video: https://youtu.be/maUPqmB8KyA?t=70

Now it comes time to approve the bills for payment. On the bills list, who is being paid for the roadwork? D & L Construction. That's right, the township is paying one company for a “different” company's work, that is for the work performed by D & L Paving and Excavating. How is this possible? Listen to how the contract maneuvering by the Township allows a contractor to get paid for work without exceeding the maximum amount set by LAW simply by using a different name. I would question the legality of this action.

D & L Paving and Excavating is not registered with the State, although a thorough search was performed. Steve Siana offered that perhaps they are a DBA (doing business as), but the insurance certificate provided by the Township to a resident doesn't say that. As a matter a fact, it is an insurance certificate from D&L Construction LLC. If something happens on that job, does anybody really believe that the insurance company is going to cover a company that is not contracted to be there, and in fact doesn't really exist? Here is the video. Watch it and be astounded by the conversation. Listen to Attorney Steve Siana talk like a snake oil salesman to try to mask what is happening.

https://youtu.be/maUPqmB8KyA?t=401   This is a train wreck you won't be able to stop watching.

The conversation is then followed by an Attorney defense against the suggestion that the Township is “piecemealing” the job, an illegal practice used to circumvent bidding requirements (the LAW) since the 1930's. Supervisor David Brown (and attorney) then defends the phantom name of D & L Paving and Excavating by claiming that fictitious names do NOT have to be registered in Pennsylvania so it may not be listed with the Department of State. Not true. To open a bank account any business must show a business registration with the Secretary of State, even if it is simply a fictitious name registration. Without a bank account, how does the company being paid cash the check from the Township? It can't, UNLESS it has the check written to a different company such as D & L Construction. One last thing to note. In my last e-mail I pointed out that Township Manager Jim Wendelgass stated that D & L Paving and Excavating is a different company than D & L Construction LLC. Really? Does it sound like that to you?

It must be pointed out the township meeting minutes once again are inaccurate. Here is what they say:

A question arose about the D & L Construction payment and the award going to D & L Construction Paving and Excavating. Mr. Miller made the motion to approve the payment to D & L Construction but to hold payment until the Solicitor evaluates the bill to make sure the appropriate party is paid so that it matches the bidding party.

The award went to a company called  D & L Paving and Excavating. There was nothing about "Construction" in the name which would give the impression there was a "division" or sub-company to D & L Construction. Inaccurate minutes are now a permanent history for West Vincent Township.

This situation gets worse but will have to wait until my next email.


Best wishes

Chickenman

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