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Latest from Hanson Bridgett LLP

On March 17, 2017, the Department of Industrial Relations (DIR) submitted Budget Trailer Bill 502. Budget Trailer Bill 502 would provide changes to the existing contractor registration requirements, as well as changes to the requirement for agencies to provide the DIR with notice of pending public works projects, as initially required by SB 854. SB 854 established the requirement that all public works contractors register with the DIR, and also established a prevailing wage…
A new bill, AB 851, was introduced in the California legislature on February 16 that would expand the scope of the design-build authority currently available to local agencies.  If adopted, AB 851 would amend Public Contract Code sections 22161 to expand the definition of special districts that can utilize the design-build authority under Public Contract Code section 22106-22169 to include special districts that provide or operate flood protection, habitat restoration or enhancement, groundwater recharge or…
This article by Griff Palmer in the NY Times Business Day section examines three P3 projects in the US, and compares the promises with some of the disappointments.  The article provides a good overview of the significant issues that must be considered in order for a P3 to be successful for all concerned. https://www.nytimes.com/2016/12/24/business/dealbook/private-equity-water.html?emc=edit_ta_20161224&nlid=51116999&ref=cta&_r=0  …
  A new set of requirements regarding contractor claims submitted on public works projects went in to effect on January 1, 2017.  Public Contract Code section 9204 was adopted pursuant to AB 626, and will require most public agencies to revise their claims procedures. See the link below for a discussion of the new law. https://www.hansonbridgett.com/Events/2016-12-govt-ab626-public-works…
Davis is the first city in California to install a protected bicycle intersection, which many cyclists believe is part of the necessary infrastructure to expand cycling to the general public. This article includes a great video explaining the benefits of the protected intersection. It will be interesting to see how Davis reacts to the intersection. Source: http://www.vox.com/2015/8/12/9139771/protected-intersection-bike-davis…
The Fehmarn Belt Fixed Link project would create a new 11 miles tunnel under the Baltic Sea, which would be the longest undersea tunnel in the world. Check out the video in the attached link for 4 minute overview of how the construction will be done. http://www.citylab.com/commute/2015/03/the-tunnel-project-that-could-reshape-the-european-map/388652/?utm_source=SFTwitter  …
On June 20, 2014, the California legislature adopted SB 854, a “budget bill” that was heavily negotiated and tied to the approval of the state budget. Included among a variety of unrelated provisions in the lengthy bill were a number of additions and changes to the California Labor Code which will revamp the monitoring of public works projects throughout California through the Department of Industrial Relations (“DIR”). SB 854 creates a new public works monitoring…
A court of appeal case published on September 18, 2014, Los Alamitos Unified School District v. Howard Contracting, Inc., confirmed the existence of an exception to competitive bidding for “lease-leaseback” agreements awarded by school districts pursuant to Education Code section 17406. Many involved in school district construction have held the view that “lease-leaseback” agreements were exempt from competitive bidding, despite the fact that these agreements result in new construction projects which are ultimately owned by…
The California legislature has enacted a number of laws that impact prevailing wage requirements, including provisions that affect charter cities, requirements to inform the Labor Commissioner of the completion of public works projects, exposure to liquidated damages for prevailing wage violations, and applying prevailing wage requirements to refinery construction projects. These laws went into effect on January 1, 2014, and are summarized below.…