I’ve been receiving many questions lately regarding the Oakley Downtown project which apparently has become some sort of punch line for East County Residents—specifically Oakley residents. In checking my meeting recap from last March, Ascent Builders was chosen as the project manager in a no-bid process.
By way of a 4-1 vote (Frazier saying no), a contract with Ascent Builders with a cost not to exceed $114,916 for Construction Manager Services to assist with the overall downtown revitalization was approved. The goal was to speed up the project which hasn’t exactly happened.
At the time, Oakley’s legal counsel stated it was a “professional services” contract in order to get around the bid process. At the late March meeting, then Vice Mayor Carol Rios stated they had to “spend the money and run”, while City Manager Bryan Montgomery stated that he “felt less guilty” about Ascent Builders recommendation in order to speed up the process.
In reviewing the meeting, my notes highlighted that three city council members (Romick, Rios, and Anderson) argued against an RFP process because they apparently wanted to have a choice on who was selected—not to be forced to pick the lowest bid while using the timeline as an excuse to circumvent the process. Councilman Pope was not in favor of this award, but did ultimately vote for it.
Not to be forgotten is this was the same vendor chosen by Carpaccio’s to build their building. This meant that for a percentage of the overall downtown project, the project manager overlooked themselves under the term “professional services”—city staff was supposed to look over Ascent for that portion of the project which clearly didn’t work out well with that project delay.
Going further back in history, Ascent Builders also built City Hall, Black Bear Diner, and Fire Station 93 with a total contract value of $12 million—the argument could be made is this was a relationship hire, not qualifications hire.
The question being asked by many residents is “when” and “will” the city hold anyone accountable for mismanagement of Oakley’s largest on-going downtown project? After all, the project has jumped from $3.8 million to a total of $5.35 million–an increase of $1.56 million.
To better understand how this project is structured, I’ve broken into four segments
- City Staff / Redevelopment: Oversee the entire project (ultimate responsibility)
- Architect: Responsible for designing of the overall project
- Project Manager: oversee day-to-day operation and scheduling based on architects drawings
- Physical Project (Carpaccios, Oakley Plaza, Main Street, etc.): the actual work
Given these segments, staff is not publically stating the architect is at fault, but there has been 20 change orders based off the architects drawings—so the question to some is why is the architect still on the project and who is paying for the architects oversight and errors such as a $160k HVAC change now put on the taxpayer?
City Staff has admitted in the latest staff report that the project has had many “errors”, “omissions” and “unforeseen circumstances” but the reason the public receives for this is that it’s a “complex project” and when I asked staff about them, they referred me back to the staff report which is where I came up with my questions—go figure?
It’s great that the project is complex, but isn’t that why the city hired a project manager to ensure it’s not as complex as its become and it moves forward with as little challenges as possible
Oakley residents need to remember that staff made the recommendation based off Bryan Montgomery to skirt the bidding process and now Oakley as a whole is paying for it on many levels. It’s costing businesses money, causing traffic delays, and ultimately damaging Oakley’s reputation.
While at the time, it may have seemed like a good idea to go with Ascent Builders, the reality is the no bid process may have actually cost Oakley much more in the long run. If city staff and the council would have slowed down instead of the “rush job”, a lot of this mess may have been avoidable and a local business might not have sued the city for loss of business.
As the project continues to move forward, the time has come for the city council to take a hard look at what has transpired and what its cost the city. I encourage them to begin looking at housekeeping starting with the City Manager and decide whether he is still a good fit for this city. Given his track record over the past 24-months, it may be time to make a change.
Considering staff was to oversee Ascent Builders, they also should be put under the microscope to see how much of that oversight was public works or the city manager interacting with Ascent.
The council needs to remember they do not represent the City of Oakley, they represent the residents of Oakley and you have an awful lot that are unhappy because they believe the council is not holding anyone accountable for this project.
Sometimes cleaning house is not a bad thing and the council needs to have a serious look at how Bryan Montgomery and staff have handled this project on behalf of the residents.
Here is a recap of the exchange from the City Council Meeting last March
Jim Frazier proposed that the city issue a formal RFP/RFQ to try and reach out to Oakley businesses. Frazier said that he had the city pull businesses licenses to see who could bid on this type of work rather than simply hand it over to Ascent builders.
Vice Mayor Carol Rios asked for a clarification that if it was out to bid, they had to go with the lowest bid. She said that by going this route, they had flexibility to pick and choose who they wanted the vendor to be.
Montgomery explained that under Professional Services, the city is allowed to select a firm based on qualifications rather than lowest bid. It was explained that under an RFP/RFQ, it would take 30-45 days and price would be used to determine the firm. Montgomery explained that this is now a timing issue. The reason Ascent was selected because they are already on site and working on another project—staff would oversee Ascent. Montgomery further explained that this project is not simple and that there are nine components to it. He urged the council to consider this because staff has neither the time nor experience.
“I want local firms to have an opportunity to bid. I don’t feel warm and fuzzy that the builder of Carpaccio’s also is overseeing project management,” said Frazier. “This is the people’s money and I would like the people of Oakley to have an opportunity to make it”.
He also suggested that the city hire a contract employee to do the job as it would be a cheaper rate.
Pat Anderson disagreed with Councilman Frazier. She called Ascent Builders “an asset to Oakley” and that she had a grave concern for a delay.
“The sooner it gets going the better. Councilman Frazier and I are looking at this from a different set of eyes”, said Anderson.
Mayor Kevin Romick chimed in stating he thought the longer the delay the more impact it would have on businesses.
“We already have spent over $12 million on Accent Builders. They do a great job, but I do not believe an RFP will delay the project. We have an opportunity to present this to the working public and show we are looking out for their trust and are stewards of their money,” said Frazier.
Vice Mayor Rios stated that “any delay would be a problem. If you don’t have a manager or familiar with the project, it costs time… they are familiar with working with us and our comfortable.” Rios continued, “We don’t have a right to ask staff to wear anymore hats because we have worn them thin. This is for $114k only. I think Ascent would be the most reasonable choice.”
Montgomery then explained that this is all in hindsight and that 2-3 months ago, at full discretion, he said he would have not recommended this. He stated, “I feel less guilty because the money is gone anyway,” (due to redevelopment being taken away by the state).
Frazier replied, “we waited 12 ½ years, we can wait another 2-3 months to let the process play out.”
He explained that he was a contractor and cannot bid on this project because I am on the council, but it would take me a week to get up to speed and run it.
Frazier asked Montgomery what it would cost for a contract employee as the Ascent estimated 290 hours for the project over 9-months ($12,666 per month). Montgomery hinted it would be cheaper, but it was a timing issue.
“I agree in principal with Councilman Frazier. This was poor planning and discretion I feel boxed into a corner on this decision. I feel like we don’t have a choice and I want my wishes known I do not want to have this happen again,” said Councilman Randy Pope.
Vice Mayor Rios shot back that this solution is a case of being “short and sweet and we need to take the money and run while using the resources while we have them. Money is identified and it’s there. Let’s use it.”
Council voted 4-1 with Frazier being the lone no-vote.
By Michael Burkholder
29 comments
Oakley lost its charm the minute they gave Montgomery the house deal. This project is a prime example why he needs to go. The cost has increased, a no bid project manager contract was issued and its been screwed up from the start. Wish the council would have the guts to come out and say Montgomery has done a poor job like th rest of the city has experienced. Its a shame a beautiful city has been damaged by poor management.
Wow Burkholder, I am impressed as I didn’t think you had it in you to write something as honest as this. Welcome to the realization we have all known long ago. Montgomery and company need to be replaced and good work bringing up a no-bid project manager award. I forgot about that. It sure as heck didn’t work in the city’s favor did it? That is why we have processes and rules in place which apparently Montgomery thinks he is above.
According to your recap, “Ascent estimated 290 hours for the project over 9-months ($12,666 per month). Montgomery hinted it would be cheaper, but it was a timing issue.”
Can we assume that this has increased and it is not cheaper? This project needs to get completed soon! I am tired of it.
So the first question that comes to my mind is “Who does Ascent Builders have on their payroll to continue to “win” the right to build all of downtown Oakley! Pat Anderson calls them “an asset to Oakley” i would start looking there! There is always money involved at the end of the day and someone got paid off!
I like Carol Rios comment about spending the money and run. I’ll say it again, Oakley makes the other cities around them look that much better and more honest.
Did the Times or Press report this was a no bid contract for a project manager? Sad that this comes out a year later AFTER many problems come up. I am with burkholder, where is any form of accountability or hint that the council cares this is going on?
The City of Oakley’s chances of holding anyone accountable on this project are as good as the Cleveland Browns chances are of winning the Super Bowl this upcoming year. I for one am glad I don’t have to deal with your city or its rude staff on a daily basis. Until Montgomery is gone, your city will contniue down a terrible path and this contract is just one example.
When a project gets the city sued by a local business, I’d say that is poor performance. Agree, its time to clean house.
Good question.
Why is the project just now lacking in accountability in your eyes? This has been going on since the start which began with Carpaccios taking taxpayer money. I agree with a majority of what you stated but I want to make it clear this thing was goofed from the start.
ascent builders is not and has never been in charge of the downtown’s main st. roadwork, parking lot , or the the tenant buildouts of both carpaccios and la costa restuarants, nor do they have anything to do with plaza rennovation between la costa and carpaccios.
this reporter should get his facts straight.
Really? Page 65 of the March 27, 2012 meeting agenda on the staff report says otherwise
“Knowing that Manuel’s Five Star Restaurant has selected Ascent Builders, Inc as the general contractor for the construction of the Carpaccio’s restaurant, Ascent will be on site and has the construction management expertise to assist with the coordination of the various other components of the Downtown Revitalization Project, as outlined in the attached agreement. This also includes assisting to minimize the impact of the Project on existing businesses during construction.”
http://www.ci.oakley.ca.us/UserFiles/file/agenda/2012%20Agendas/03%2027%202012/Agenda+staff%20reports.pdf#page=65
Like i said in my earlier statement We (Ascent builders) were only responsible for the completion of the warm shell portions of Carpaccio’s and La Costa, we could not be held responsible for the delays related to the tenant and his own contractor, nor should the City, as far as your other follower’s comment on who’s being bribed for their ability to work in Oakley, I am finally speaking out as I am the Superintendent who built The City Hall expansion, the Oakley PD, The Oakley FD, Black Bear Diner, and the final completion of the restuarant shells, these projects were all completed on time or ahead of schedule and under budget (no one talks about that though!!) I say this because I AM AN OAKLEY CITY RESIDENT AND I AM VERY PROUD OF THE CONTRIBUTION OUR COMPANY HAS MADE TO MY CITY OF RESIDENCE…….As for the remaining portions of work on this project I cannot speak as they were the responsibilty of City of Oakley staff, and sure we had our sign on site just like everyother company, is that some sort of underhanded operation as well??
Not sure what you being an Oakley resident has to do with anything. Are we talking about your personal life or professional life? I really do not want to get into the personal life… so I shall digress.
Let’s just go to the video shall we… yes w shall!
starting in minute 20:50 of the March 27 meeting.
“Project Manager would be staff the site coordinator of construction oversight of coordinating the projects would be there assisting us in that project. I just want to clarify they are not the project manager—the site coordinator is probably the best title.”
“There are the main contractor on Carpaccio’s and that is the reason to select them,” said Montgomery.
Pat Anderson (21:50) then states having them there and building one of nine pieces but coordinating what is going on as a construction manager is an asset.
Source:
http://vimeo.com/39354807
If the author is wrong, would you please enlighten us with who is responsible? I am reading the staff report posted below the same way as the other so I am not sure how you guys cannot be in charge.
Even if you are not in charge, the Carpaccio’s construction was a mess and contributed to the overall problem the city has with the downtown project. Please explain yourself Mr. Calderon.
Ascent Builders sure had a big ass sign in front of the project when it was going well!
Burk has been right a lot more than wrong, I read the staff report and I too am reading it the same way as him. Not sure why Lynol is trying to wash his hands of responsibility when Chuck is right, they had a big sign out front during construction.
glad someone had he guts to say what a lot of folks in Oakly want to say but wont for threat of retaliation by Montgomery and compnay.
For years my husband and I have watch the mess in Oakley develop. We stated numerous times that if and when the residents of this city woke up to some of things that were going on, the council and city staff, especially Bryan Montgomery would not know what to do. Well, I guess that day has finally happened. I can’t wait to see what happens next.
Just observing the conversation, I really don’t think Ascent Builders is the issue. The issue is Oakley Council and its staff just want the project done quickly at all cost and that is how mistakes are made. whether its ascent builders, another firm, or our own staff, the point of the article highlights Oakley has failed at holding anyone accountable. Shame on the City. Burke is right, Montgomery needs to go.
Residents are awake, the City is just ignoring us and the fountain is proof! It’s clear that Nancy Marquez is the City Managers puppet and response to emails on staffs behalf. Hook, Line & Sinker was right to file a lawsuit. The day has come to clean house!
Yep, in the pass they made a big deal of something, let it simmer for a few weeks then swept it under the rug like it never happened. The attempt to forgive the home loan is a good example, remember it never happened. never mind that they had to recend the deal. Well the down town mess can’t go away because we are reminded every time we weave our way through the raised manhole covers and access.
I have out of town guest and drove them through there today. They were amazed at the condition of the road, especially when I told them that its been this way for several weeks. And when I pointed out that there will be angled parking and people will be backing out of those stalls into the traffic lanes, they wanted to know what idiot thought that was a good idea. I just pointed to the building across the street. The next question was why hadn’t we marched on city hall!!!
Mrs. DuMont,
I have seen your name come up on so many blogs, postings, and forums. You are never and will never be happy. You are obviously a “glass half empty kind of lady,” and I can’t take it any longer. Please, stop long enough to take a long look at your complaints prior to airing them. You complain that the city treats you as a 2nd class citizen because you are not on the newer side of town. You finally get your wish that they fix your street, and it is not good enough. Are you complaining just to complain? That is the picture you paint for the average reader.
I think the city is doing a fine job, and I am very surprised that someone who seems to be such a pessimist can’t see it from a realists point of view.
Let’s do this Mrs. DuMont, let’s stop being part of the problem and start being part of the solution. Be constructive and realistic. Be supportive and proactive. Don’t sit back and follow the lead of Mr. Burkholder. He obviously cannot understand the full scope of things. Do you ever stop to wonder, how and why would anyone listen to someone who sits and blogs all day??? Get out and live!
Well you have your opinion and I have mine. there comes a point when a person has had enough. Last year I approached the city and asked if I could clean up the weeds along E. Cypress Rd from my home to Jersey Island Rd in the cities right-of-way. We would remove all weeds and trash for about 1/2 mile stretch of road. All I asked was that after we had done all the work that the city come out with the dump truck and haul it off. We would even load the damn the truck. We were told we couldn’t do it. So yes I tried to “stop being part of the problem and be part of the solution” Not the first time that I have tried this and won’t be the last. As to road repair, why should I be expecting that the city do the job that they promised us that they will do? Why do I have to dodge holes and long ruts that have been there for YEARS while other city streets are repaired and paved? Why am I being held hostage to developers to receive services from the city? If you compare the level of service that we were receiving from Contra Costa Co to what we receive from the City, it went from some services to little to NO services. So sorry if you don’t like reading my complaints. I will continue to remind the city that they have responsibilities out here.
And if you don’t like Mr. Burkholders blog, then why do you visit????????
very well put Kathy what the readers don’t realize about Mrs. Dumont complaining is that her anger stems from the fact her husband (P5RET blog name) was dismissed from the employment of the City of Oakley a few years back. so now you know!!!
Mr. Calderon,
Please knock off the personal attacks. Could we then assume Ascent Builders is awarded contracts based off your relationship with a certain city employee?
Mr. Calderon
Don’t know where and the HELL you are getting your information-someone at city hall sharing information that they shouldn’t? Oh and its incorrect information.. He wasn’t dismissed from employment, his position was no longer funded by the council and there is a letter to prove that. So he was LAID OFF. Oh and its signed by Bryan Montgomery. So there is a big time breach of ethics coming from city hall….again. Someone is discussing employment issues with people outside city hall……. that a violation of federal law???
Oh my complaints about E. Cypress Rd date to way before his employment
I guess this is an attempt to divert attention away from you and the downtown project?
Damn Burk. I’m a contractor and I make my living with change orders. But I’ll be damned if I ever figured out how to pull off a change order for over 50% of the contract amount! $3.8 million original contract to adding $1.56!?! That’s incredible! You should do a little research and see what Oakley’s ratio of change orders to original contract amounts is. I may want to convince our estimator to bid out here. Can you spell BONUS!!
Children, Children, quit throwing sand at each other or go on an online time out! Seriously..
Mr. Burkholder, Didn’t you write this?
“Not sure what you being an Oakley resident has to do with anything. Are we talking about your personal life or professional life? I really do not want to get into the personal life… so I shall digress.”
and,
“Residents are awake, the City is just ignoring us and the fountain is proof! It’s clear that Nancy Marquez is the City Managers puppet and response to emails on staffs behalf”
and,
“Please knock off the personal attacks. Could we then assume Ascent Builders is awarded contracts based off your relationship with a certain city employee?”
Who is attacking who here??
I understand you concerns with the downtown project, did you do your homework on the previous projects build by Ascent Builders? If not I think you should.
Stick to the facts, and try to suck citizens into your diluted world of fiction (I guess that keeps your blog popular with “people”)
If current residents are so unhappy living in Oakley, nothing is stopping you from leaving, well unless you like feeding into the drama of this website. I will say that I have had a good laugh or two reading it though!
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