Tuesday, February 17, 2015

Akron considers starting own construction company for sewer work



If Akron can’t find contractors to meet the local hiring goals for its billion-dollar sewer project, the city has another solution: starting its own construction company.

Mayor Don Plusquellic is exploring this idea as his latest solution for ensuring that Akron residents, who are paying for the bulk of the sewer project through higher rates, get a big chunk of the work.

“I’m tired of hearing, ‘I can’t find city residents to do these jobs,’ ” he said. “We’re going to prove they can.”


Plusquellic mentioned his new brainstorm for the first time publicly last Monday during an update to Akron City Council members on the city’s mammoth sewer project. Though he admitted many details remain to be worked out, he then expanded on his concept in an interview with the Beacon Journal.

One thing is clear: What Akron plans to do hasn’t been tried before in Ohio, despite how numerous other medium and large cities also are overhauling their sewer systems because of environmental concerns with sewage runoff into waterways.

“No other municipality has a construction company as part of their operation,” said Kent Scarrett, a spokesman for the Ohio Municipal League. “I think Akron is probably the first community to have the financial wherewithal and that has that need for an upcoming project.”

Akron’s fledgling idea is so far garnering a mixed reaction, with champions and critics.

“I would argue the competitive-bid process gives the citizens of Ohio a better deal on true construction projects,” said Chris Runyan, president of the Columbus-based Ohio Contractors Association, which sued the city over its sewer hiring goals but later dropped the lawsuit.

Still, even Runyan tipped his hat to the city for experimenting and “trying to be efficient.”

Hiring history

Plusquellic admits to being fueled in his quest for local hiring by experiences from the past.

He hasn’t been satisfied with the low amount of local hiring on the Akron school district’s construction project, which is being funded with a 0.25 percent city income tax. He also wasn’t pleased when a federally funded stimulus project to refurbish the All-America Bridge, also known as the Y-bridge, went to a Michigan contractor, rather than a local company, because the bid was slightly lower. The city sought, but was denied, permission to still hire the local company.

With the city about to begin the first job under its sewer overhaul last spring, Plusquellic announced ambitious hiring goals that any contractor getting sewer work would have to accept. Contractors last year were required to hire 30 percent of their employees from within Akron, with the number ramping up 5 percent a year until 2018, when it will reach 50 percent.

The Ohio Contractors Association, a not-for-profit group that represents contractors across the state, sued in May, seeking to have the hiring requirements ruled unconstitutional and to stop the city from awarding bids on the Rack 15 storage basin project. The group dropped its challenge a month later.

After the legal challenge, though, Plusquellic announced that the city would serve as its own contractor on the Rack 15 project. The city, the mayor points out, is under no obligation to hire private contractors.

The city has been using a “construction manager at risk” for its first sewer projects, which involves a construction manager who oversees a project and pledges to deliver it for a certain price. The construction manager then hires subcontractors to do the various tasks.

Akron has been taking steps to try to increase the pool of Akron residents who are prepared to do the sewer work, including starting a Commercial Driver’s License training program, with the city hiring some of the graduates. Akron also kicked off a pre-apprenticeship program last week in which 50 Akron residents are being trained to enter apprenticeship programs with local trade unions.

Plusquellic, though, has decided these steps don’t go far enough and that Akron should actually start its own construction company as an offshoot of the Akron Development Corp., an entity that has been around since before Plusquellic became mayor. This private company, he said, could require its employees to be Akron residents, which the city isn’t able to do because of a residency requirement that was shot down by the Ohio Supreme Court.

New venture

Many details of this new venture remain to be worked out, including the name.

One idea is that it be called Akron CCC (City Construction Company), though this hasn’t been set in stone.

Plusquellic has decided whom he wants to head up the new venture: Mark Moore, a city engineer with a law degree who has been in charge of crafting the city’s capital budget for the past several years.

Moore attended the World of Concrete trade show in Las Vegas earlier this month to price concrete trucks and see how quickly they would be available for purchase.

Concrete, interestingly, is one of the main reasons Akron is pondering its own construction company. Already in the sewer project, Plusquellic and Moore said there have been several times when the city has had trouble getting concrete because of conflicts with providers. This could be a problem with a project that Moore said will require “hundreds of thousands of cubic yards” of concrete.

“I believe we have to do it,” Plusquellic said. “We have to take control of price and timing.”

Plusquellic has spoken to local trades unions, including the Teamsters, about an agreement that will allow the city’s new company to hire their members when additional employees are needed for jobs.

The mayor said he realizes that Akron residents likely won’t be available for certain specialty jobs, like operating the machine that will drill a 27-foot-diameter tunnel through downtown.

“We can’t have 100 percent,” he admitted.

Moore said the company will start small and build its capacity, the same as any other business. He said the company’s employees will be able to handle such tasks as excavating, hauling dirt and concrete and digging ditches.

Plusquellic said he isn’t yet sure if the company will be set up as a for-profit or non-profit, though he said the intent will be for it not to make a profit. He said the city will continue to use a construction manager at risk, with the new company acting as one of the subcontractors hired by the construction manager.

“We would reinvest any profits into the public purpose — expanding the company, providing training opportunities,” Moore said.

Mixed reaction

When Plusquellic mentioned his idea for a new company during a council committee meeting last Monday, he gave a shout out to Willie Smith, a local resident who has been pushing for the city to provide sewer jobs to Akron residents.

Smith, a frequent speaker and attendee at council meetings, was thrilled to hear about the mayor’s idea.

“I was surprised,” Smith said. “I didn’t think he would understand that we can become the general contractor. By law, you can hire who you want to work on your project. This is no government subsidy. We are the residents paying for this.”

George Johnson, the president of the Akron chapter of the American Federation of State, County and Municipal Employees (AFSCME), also liked what he initially heard about the concept. AFSCME represents about 425 Akron employees, including the recently trained CDL holders hired by the city.

“For us, it’s about a strong economy with people with decent paying jobs,” he said. “I don’t care whose union they are in. I just care that folks have jobs. If the jobs are not unionized, that’s fine too. As long as they are paying them well and treating them well.”

Johnson said the bottom line is: “Let’s create some jobs and money for the Akron economy. That helps everybody.”

Runyan, though, of the contractors association, isn’t sold on the concept. If the city starts this venture, he said it won’t be a true “construction company” because it won’t have to worry about making a profit, winning bids or justifying a purchase.

“It’s basically a public entity that has whatever it wants to buy,” he said.

Runyan thinks the company could run into legal problems with requiring employees to live in Akron, just as the city did with its residency requirement. He said there also may be legal questions about where the line is drawn between the city and the company.

“Who’s going to inspect their work?” he asked. “Who’s going to keep the fox out of their hen house?”

“I guess they can try anything,” Runyan continued. “That’s their right.”

Source: Ohio.com

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