Senator Ashby introduces bill to assist Elk Grove in construction management of massive zoo project
https://www.elkgrovenews.net/2024/04/senator-ashby-introduces-bill-to-assist.html
Barely noticed in a presentation by Elk Grove's innovations czar Christopher Jordan during last week's Elk Grove Planning Commission meeting was mention of legislation sponsored by State Senator Angelique Ashby related to the relocation and construction of the new Sacramento Zoo facility in the city. Jordan's presentation was part of the approval process for the first phase of the zoo construction project.
Jordan briefly told the planning commission in passing that Ashby is carrying out so-called construction management at risk (CMAR) legislation as part of the project's risk management. The legislation, Senate Bill 739, which is a gut and amend bill, would extend authority granted to counties to the city of Elk Grove.
"We are also seeking legislation from the state of California for what is called construction manager at risk construction delivery process," Jordan said. "This is the type of project you would see on very large projects, airports and ports use them a lot, very large complex county projects."
Current law allows counties to use CMARs, but special legislation is needed for municipalities to utilize them. Jordan said the cities like San Diego has used CMARs for large projects.
"That will allow us to hire the construction management construction firm for the project as soon as this fall," Jordan added. Construction is not expected to start for several years.
The legislation in part reads:
Existing law authorizes a county, until January 1, 2029, with approval of the board of supervisors, to utilize construction manager at-risk construction contracts for the erection, construction, alteration, repair, or improvement of infrastructure, excluding roads, and including, among other things, buildings, owned or leased by the county, subject to certain requirements.
This bill would authorize the City of Elk Grove, with the approval of the city council, to utilize construction manager at-risk construction contracts for a zoo project, as defined, subject to certain requirements.
This bill would make legislative findings and declarations as to the necessity of a special statute for the City of Elk Grove.
Existing law authorizes a county, until January 1, 2029, with approval of the board of supervisors, to utilize construction manager at-risk construction contracts for the erection, construction, alteration, repair, or improvement of infrastructure, excluding roads, and including, among other things, buildings, owned or leased by the county, subject to certain requirements.
This bill would authorize the City of Elk Grove, with the approval of the city council, to utilize construction manager at-risk construction contracts for a zoo project, as defined, subject to certain requirements.
This bill would make legislative findings and declarations as to the necessity of a special statute for the City of Elk Grove.
The law firm Jones Day says, "CMARs become involved at the beginning of a project and provide the county and its design professionals preconstruction services such as constructability review, cost estimating, value engineering, and scheduling support. This allows the CMAR to have a better knowledge of the project before construction begins than would a general contractor in the design-bid-build process who does not become involved until after the construction plans have been finalized."
On the negative side, Jones Day noted "the CMAR delivery method need to have sufficient expertise and control to manage both the CMAR and the design team to sure that a true fixed price or GMP is established so that the project does not come in dramatically over budget."
The further note a potential downside of the the "CMAR delivery vehicle are that cooperation and teamwork can only be achieved with the right personality mix. The design professional and CMAR may develop an adversarial relationship over construction quality, design completeness, and schedule impacts once the CMAR's role converts from its preconstruction advisory role to the contractual role of general contractor."
The current legislation was referred to the California Senate Rules Committee. No hearing date has been scheduled.
Photo by Pixabay.
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5 comments
As with most complex tasks requiring business expertise which government staff lack (or else corporate America would be beating on their doors!), I envision the City contracting out for a private-sector project manager.
Under this CMAR, a large construction firm can post the necessary performance bond and liability insurance that smaller firms are unable to secure, and then that large firm can hire the subcontractors. The large firm, let's call them ABC construction will be expected to complete certain tasks that will fall under the radar of public scrutiny:
1. In being selected as the prime contractor, ABC will undoubtedly be expected to sign union project labor agreements, whereby apprentice scale wages or greater will be paid to a negotiated percentage of workers. These Council-contributing unions don't support council campaigns for their amusement!
2. ABC will unofficially be expected to give local preference in hiring subcontractors. How does a local contractor get on the short list? One can only wonder!
3. How did ABC get selected in the first place? Will they be handed a slip of paper with names and phone numbers?
4. Who hit up Sen. Ashby to carve out the Elk Grove zoo into the existing legislation?
I guess it is not all about the animals after all!
I think what is missing in all the financial conversation is the lack of Sacramento business and political muscle who for decades let the Zoo get to where it is today. Ashby was one of them. So to get help from outside Elk Grove should be their responsibility for getting whatever help. They created the mess and Elk Grove stepped up to save the Zoo and them from an embarrassing outcome.
I agree, Randy, Sacramento got themselves in the mess with the zoo. Why should it fall to Elk Grove to bail their ass out?
Shouldn't the entire region pay for this, or could it be that all those regional partners the mayor was talking up disappeared, like the support for her failed endorsed candidate in the Sacramento mayoral race?
Reading between the lines, this looks like an easy way for the city hall and city council to line up some kickbacks and payoffs.
Juan: The city of Elk Grove has for sometime now, not been a "good" regional player with our surrounding communities. Even if we had a "good" relationship with cities like Folsom, Roseville, and Rancho Cordova, they are all having their own financial issues of late. I'm pretty sure they have no interest in helping out "poor regional player" Elk Grove, especially after we've ignored them for so long. I wouldn't be surprised to see Sacramento come up with a plan to keep the zoo and relocate it into the Natomas area. That actually makes the most sense. Stay tuned.
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