Are Bills, stadium construction companies following community benefits

ORCHARD PARK, N.Y. (WIVB) — The new Bills stadium construction project is moving full steam ahead and local leaders are holding construction companies accountable, making sure they followed the historic community benefits agreement negotiated into the lease deal.

This is an agreement Erie County Legislature Chairwoman April Baskin and the legislature largely championed, which ensures state certified minority and women owned businesses (MWBE) and service-disabled veteran businesses (SDVOB) comprise 36 percent of stadium contractors, including construction, retailers, vendors, and service companies in stadium maintenance and operations.

So far, 80 MWBE/SDVOB have been contracted or are in the process of being contracted for the project, 40 of which are from Western New York.

“Yes to the new stadium, but not without the residents of Erie County and Western New York benefiting from it,” Baskin said. “People want to engage in this project… If we do not abide by or hold Gilbane-Tuner accountable to the agreed processes that they are supposed to implement according to the lease deal, then the residents lose out and I don’t want to see that happen.”

In a new letter sent to Gilbane-Turner, the Buffalo Bills and New York State, Baskin said she created two initiatives to try to eliminate connectivity and communication issues between Gilbane-Turner and the local construction industry who wants to learn more about or be involved with the project. She advocated that a community outreach firm be added to answer questions and reach out to local businesses with more information about how they can participate. Developments by JEM, a certified MWBE based in Buffalo, was hired.

The stadium inclusion task force was also brought and includes Western New Yorkers with bidding and construction experience.

Both goals were met with some resistance from Gilbane-Turner, but ultimately they were added Baskin told News 4 in a sit down interview Friday. She says there are specific outreach goals that need to be met, per the legally binding stadium lease and community benefits agreement. She hopes these task forces, made up of local residents, helps increase communication and advocate for right-sized contracts that fit the local businesses.

“People could have better understanding of where they stand in the bidding process, if a new bid has been fulfilled, when a new bid is rolling out, why they were rejected, if an opportunity to be considered down the line will come. These are things that have to happen,” Baskin said.

Three people resigned from the stadium inclusion task force because of their attachment to ongoing bid responses. Baskin says that left the task force with fewer experience members than it could have and she wants to talk that through further.

“If that request is going to be made by Turner Construction, it has to be replaced with a fair conduit of information so people in the community have a safe place to go to write out their grievances, ask for information, or have a better understanding of how they can be a better bidder in the project in the future,” Baskin said.

An Erie County survey of MWBE/SVDOB found that of the 127 that participated, 53 percent of the businesses felt the project was too large for their business and they did not proceed with seeking additional information, including a bid.

“We in Erie County predicted that when we were negotiating the lease deal,” Baskin said. “That’s why the community benefits agreement says that creating smaller scopes of work and right-sized projects that are realistically compatible with the local minority, women and service disabled veteran firms that exist in Erie County is something that has to happen.”

She added the legislature is still looking to see those right-sized packages developed, but that is something the body cannot control. Gilbane-Turner need to take the lead on that, according to Baskin.

Additionally, the agreement calls for 36 percent of the cost be spent with the MWBE/SDVOB. She says she is clarifying if this is out of the total cost, which is upward of $1.8 billion Baskin says, or just the public investment, which totals $850 million.

If the companies are found to be out of compliance with the lease and community benefit agreement, they could face legal action. After the project is completed and the costs have been identified, there will be an assessment deciding if the agreement was followed. If not, the state can issue a waiver if a good faith…