Governor Schwarzenegger recently signed three bills which will expand the ability of cities, transit operators and the Sonoma Valley Health Care District to award projects on a design-build basis. Each of these agencies is generally constrained by public bidding requirements to award construction contracts separately from contracts for professional design services. These agencies will now have a greater ability to take advantage of a useful project delivery alternative for some projects. The three bills are summarized below:
A California appellate court recently clarified the requirements for substitution of a subcontractor on a public works project under Public Contract Code sections 4100-4114. (Titan Electric Corp. v. Los Angeles Unified School District (2008), 160 Cal.App.4th 188.) Public Contract Code section 4107 prohibits a contractor on a public works project from substituting a subcontractor unless the public agency consents to the substitution, and one of nine specific statutory circumstances has occurred. Section 4107 also requires the public agency to provide notice to the subcontractor being removed and to conduct a hearing on the substitution if requested by that subcontractor. However, the Titan court upheld the substitution of an electrical subcontractor even though a hearing was not conducted until after a new subcontractor had already been hired and completed the remaining work, concluding that the parties had substantially complied with the statutory requirements.
A new bill authored by Doris Wolk would expand the authority to award projects on a design-build basis to all cities, as well as to projects by any “qualified entity” for local or regional wastewater facilities, solid waste management facilities, or water recycling facilities. The bill, AB 642, has passed both the state assembly and state senate, but still awaits the signature of Governor Schwarzenegger. Assuming he signs the bill, the expanded design-build authority would go in to effect on January 1, 2009.
Hanson Bridgett will be hosting a sustainable business forum entitled "The Future of Green Building – Tools and Technologies for Designing High Performance Buildings" on Wednesday, March 19, 2008 at our offices in San Francisco. Speakers will include Jon Pittman, Vice President of Market Development at Autodesk; Christopher (Kit) P. Ratcliff, AIA, LEED AP, Principal and…
Earlier this month, the American Institute of Architects California Council ("AIACC") and the American Institute of Architects ("AIA") jointly published a comprehensive new guide to Integrated Project Delivery methods. The document is entitled "Integrated Project Delivery: A Guide," and can be downloaded here. The Guide marks an exciting step forward in the development of Integrated Project Delivery concepts and making IPD a viable alternative for the construction industry.
At the AIA National Convention in San Antonio on May 2, the AIA California Council issued an intriguing working definition of "Integrated Project Delivery." The goal of Integrated Project Delivery is to approach construction projects in a more collaborative way, taking advantage of technological tools such as Building Information Modeling. Click here to view the document published by the AIACC.
The National Institute of Building Sciences (NIBS) recently issued the version 1.0 draft of the National Building Information Modeling Standard (National BIM Standard). The National BIM Standard has been in the works for over four years, and is a collaboration between over 30 subject matter experts throughout the capital facilities industry. An industry review and comment period is now in effect until May 21, 2007.
In response to our last post regarding the green building revolution, one of our readers sent me a link to a very interesting blog article regarding the Genzyme Center in Cambridge, Massachusetts. The Genzyme Center is an office building for approximately 900 employees which received the highest LEEDS (Leadership in Energy and Environmental Design) rating of Platinum. Some of its most impressive features include …
Continue Reading The Genzyme Center: the future of green building?
The San Francisco Chronicle ran an interesting article on the trend toward "green building" yesterday. Increasingly, cities are looking to require privately developed buildings to comply with a series of environment-friendly construction elements. Pleasanton was one of the first cities to adopt such requirements, Boston and Washington D.C. recently joined the movement, and San Francisco is…
The Daily Journal recently published my article examining the recent Supreme Court decision Michaelis v. Superior Court, regarding when a public agency must disclose proposals submitted to it pursuant to a Request for Proposal process. Click here to read the article in Adobe PDF format.