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Home   Membership   Conferences   Education   Certification   Advocacy       Feb. 20, 2014


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Court Decision Good for Design-Builders
by Robynne Thaxton Parkinson, JD, DBIA
On Feb. 11, the Court of Appeals for the Federal Circuit issued a major opinion overturning the Court of Federal Claims opinion in Metcalf v. US. The ruling that was overturned had such broad, negative implications for the construction industry that DBIA, AIA, AGC and ABC all submitted amicus or “friend of the court” briefs urging that the case be overturned. The two primary issues in the lower court’s ruling were its interpretation of the differing site conditions clause in the Federal Acquisition Regulations and its interpretation of the covenant of good faith and fair dealing, implied in every Federal contract.
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FHWA Accepts DBIA Comments in New Rules
DBIA
DBIA is happy to announce that the Federal Highway Administration (FHWA) has recently published final rules on regulations related to the use of alternative technical concepts (ATC) in design-build delivery of U.S. highway projects. The final rules eliminate the requirement to submit a base proposal when a contracting agency allows design-build proposers to submit ATCs in their technical and price proposals. The FHWA’s initial proposal included an exception to confidentiality that DBIA disagreed with, so DBIA members and staff worked alongside the FHWA to revise that section, and we were proud to have our recommendation directly quoted in the final rules.

DBIA supports the ATC process and agreed with the proposed deletion of the base submission requirement. However, the FHWA’s initial proposal included an exception to confidentiality in section 636.209(b) (2). DBIA members and staff expressed concerns with this section, stating that confidentiality is essential to the success of the ATC process and there should not be any exceptions to maintaining that confidentiality. DBIA believes that breaking confidentiality impedes design-builders from distinguishing the benefits of their ATC proposal from other proposals. In fact, the threat of breaking confidentiality may discourage design-builders from submitting ATCs. For example, a design-builder concerned about an addendum may choose to not bring forth an alternative to avoid a 4(f) property. The owner never learns of this and the 4(f) is not avoided, thus depriving the owner of the benefits of ATCs.

As a result of our efforts, the FHWA revised the language in the final rules to indicate that when disclosure is necessary, the contracting agency must revise the RFP documents by releasing the minimal amount of information necessary to: (1) ensure compliance with Federal or State permitting and other legal requirements; and (2) ensure that all proposers are aware of the revised RFP requirements.

DBIA would like to thank DBIA members for their valuable work and input in this process. The new rules take effect March 14, 2014.

To read the new rules in full, click here.

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SPONSORED CONTENT


Federal Design-Build Legislation Evolves
DBIA
Recently, some proposed amendments have emerged to a federal bill DBIA has been working to pass into law. The Design-Build Efficiency and Jobs Act (H.R. 2750) would codify a DBIA Design-Build Best Practice for federal two-step design-build projects, and limit the use of single-step design-build.  While some of these proposed changes would water down the bill and others would enhance it, the simple fact is the emergence of these proposals at all is a good sign we will see some concrete action from Congress.
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MEMBER NEWS


Five Construction/Engineering Firm Teams Apply for Pennsylvania Bridge Contracts
Central Penn Business Journal
PennDOT announced that five teams have expressed interest in the department's Rapid Bridge Replacement Project, a project to replace up to 500 of the state's structurally deficient bridges. The list includes some of the biggest construction and engineering firms in the country. Wagman Companies of York County is part of the Pennsylvania Crossings team.
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SERVICE SHOWCASE
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KAI Design & Build's Tony Dukes Promoted to Vice President of PM/CM Services
St. Louis Post-Dispatch
KAI Design & Build has promoted Construction Inspector Tony O. Dukes of St. Louis, Mo., to the position of Vice President of Program Management/Construction Management (PM/CM) Services. As Vice President of PM/CM Services, Dukes is responsible for identifying business opportunities for KAI's Construction services, cultivating relationships, and developing competitive strategies for project pursuits both regionally and nationally. He will work with KAI practice leaders and sales team to lead a coordinated program to promote KAI's Program and Construction Management services.
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BizTimes Bubbler Executive of the Week: Matt Bratzke of Opus Design Build
BizTimes
Matthew Bratzke, Director of Project Management at Opus Design Build, L.L.C., sits with BizTimes for this week's Bubbler Executive of the Week. He discusses what's new at Opus Design Build as well as the upcoming challenges they face this year.
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Daytona Racetrack Redo Goes High-Tech
Engineering News-Record
At Barton Malow Co.'s Daytona Beach, Fla., construction office, just down the street from the Daytona International Speedway, numerous wooden tables completely fill a large back office. But instead of printed blueprints, contractors focus intently on their smart boards, Apple TV screens and iPads as they race to transform NASCAR’s most well-known racetrack.
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Clean Line Would Carry Wind Power Across Iowa
The Omaha World Herald
Sabre Industries in Sioux City, Iowa, has been tapped to manufacture up to 3,000 steel utility poles for a high-voltage transmission line that, if approved, would carry wind power from northwest Iowa to Illinois. The cost of the transmission project is estimated at $2 billion. (Kiewit Power Constructors Co., a subsidiary of Omaha-based Kiewit Corp., would oversee the main construction of the line following approval.)
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  PRODUCT SHOWCASES
The SlipStone®™ Product

SlipStone®™ is rapidly generating interest throughout the US. SlipStone Global, LLC has developed a proprietary method of building designed enhanced walls using a slip forming method. The alternatives of building similar architectural walls would be to use pre-cast walls, cast-in-place walls, or hand build block walls. Our technology can be used in a wide range of concrete construction, including but not limited to:


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INDUSTRY NEWS


Big Projects Need "Design-Build"
Times Union
This legislative session, New York has the opportunity to make the state's infrastructure safer and more reliable for decades to come. By renewing the design-build authority granted in 2011 under Gov. Andrew Cuomo's leadership, New York can continue rebuilding its infrastructure and putting New Yorkers back to work.
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Miami Beach Starts New Process to Redevelop Convention Center
Miami Herald
Miami Beach officially started a new process to overhaul its convention center — a project about a decade in the making. Commissioners want to use a “design-build” process for the project, meaning the same firm would plan and build the project. But before the city can select a firm to do so, state law requires the city to hire a design criteria professional, according to a city memo. So commissioners agreed to solicit bids from design criteria professionals for the convention center project.
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Washington State DOT Promises Taxpayers Not on Hook for Seattle Tunnel Overruns
MyNorthwest.com
The Washington State Department of Transportation is making it crystal clear the contractor will foot the bill if Seattle's tunnel project runs over budget. Unlike other WSDOT projects where the agency designs the work then asks contractors to bid to do the job as specified, the Seattle tunnel project is what's known as "design-build," said WSDOT tunnel project manager Todd Trepanier in a conference call recently
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NEWS FROM DBIA


Next DBIA Webinar
DBIA
Tuesday, February 25, 1:30 p.m.-3:00 p.m. Eastern Time
DBIA Contract Focus on the Procurement Process: How the Owner and Design-Build Team Can Create a Successful Project before the Project Starts
Speaker: Robynne Thaxton Parkinson, JD, DBIA
Register Today!

The 2014 Design-Build Done Right Webinar series schedule can be found on the DBIA website.

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  FEATURED COMPANIES
Bayer Spray Foam Building Trust
From Within

Visit us at:
Spray Foam Convention & Expo
Palm Springs | January 26-29 | Booth 701

NAHB's International Builders' Show
Las Vegas | February 4-6 | Booth S2502
The Nation's Design/Build Electrical Leader
Truland employs the latest technologies and innovative delivery methods to increase efficiency, decrease cost, speed project completion, realize design intent, and achieve owner satisfaction. Learn More


DBIA's 2014 "Design-Build Done Right" Webinars
DBIA
Feb. 25, DBIA Contract Focus on the Procurement Process: How the Owner and Design-Build Team Can Create a Successful Project Before the Project Starts
April 22, Ten Operational Strategies To Make Your Design-Build Project More Successful
May 6, Design-Build RFPs – Acquiring Desired Results
May 20, Design Management – Designers
June 17, DBIA Contract Focus on the Sub-Prime Relationship: How the Design-Build Team Can Make or Break the Project
July 22, Design Management – Construction Trade
Sept. 23, Design-Management – Owners
Oct. 14, DBIA Contract Focus on Progressive Design-Build: What is it? Who Can Use It and How Owners Can Successfully Use Progressive Design-Build to Achieve Their Project Goals
Nov. 18, Post-Award for Owners

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Upcoming Events
DBIA
March
Mar. 3-5, Owner Boot Camp, Los Angeles, Calif.
Mar. 3-7, Certification Workshop, Atlanta, Ga.
Mar. 7, BIM Execution Planning, St. Paul, Minn.
Mar. 10-14, George Mason University Boot Camp, Herndon, Va.
Mar. 17-19, 2014 Design-Build for Water/Wastewater Conference, San Jose, Calif.
Mar. 19-21, 2014 Design-Build in Transportation Conference, San Jose, Calif.
Mar. 28, Conceptual Estimating, Portland, Ore.
Mar. 31-Apr. 4, Certification Workshop, Long Beach, Calif.
April
Apr. 21-25, Certification Workshop, Kansas City, Mo.
Apr. 30, Design Management, Dallas, Texas
May
May 2, BIM Execution Planning, Virginia Beach, Va.
May 5-9, Certification Workshop, Nashville, Tenn.
May 9, BIM Execution Planning, Kansas City, Mo.
May 12-16, Certification Workshop, Seattle, Wash.
May 16, Design Management, Columbus, Ohio
June
June 2-6, Certification Workshop, Fort Worth, Texas
June 23-27, Certification Workshop, Lansing, Mich.
July
July 7-11, Certification Workshop, Laurel, Md.
July 21-25, Cal Poly University Boot Camp, San Luis Obispo, Calif.
August
Aug. 1, Conceptual Estimating, Florence, Ky.
Aug. 4-8, Certification Workshop, Indianapolis, Inc.
Aug. 15, Design Management, Jacksonville, Fla.
Aug. 18, Performance Requirements: The Keys to Effective RFPs, Washington, D.C.
Aug. 19-21, Federal Project Delivery Symposium, Washington, D.C.

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FEATURED ARTICLE
TRENDING ARTICLE
MOST POPULAR ARTICLE
Federal Design-Build Legislation Evolves
DBIA
Recently, some proposed amendments have emerged to a federal bill DBIA has been working to pass into law. The Design-Build Efficiency and Jobs Act (H.R. 2750) would codify a DBIA Design-Build Best Practice for federal two-step design-build projects, and limit the use of single-step design-build.

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read more
DBIA-Mid-America Region Expands
DBIA
To meet the growing interest in design-build in southern Missouri, the Mid-America Region has formed a new Ozarks Chapter. Dave Roling, area manager with Emery Sapp & Sons, will serve as president of the new Chapter.

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CBO: Six-Year Transit Bill Would Cost $100 Billion More
The Hill
The Congressional Budget Office (CBO) is forecasting that the six-year transportation bill would require almost $100 billion in new revenue to maintain current levels of federal road and transit spending.

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REGION NEWS


Region Events Calendar
DBIA
DBIA-Mid-America Region
May 8, Regional O.N.E Conference

DBIA-Mid-Atlantic Region
March 7, GSA Design-Build Renovations

DBIA-Northwest Region
April 8, Oregon Breakfast Series, Lean Construction
June 10, Oregon Breakfast Series Event
Aug. 12, Oregon Breakfast Series Event

DBIA-Southwest Region
Feb. 20, Albuquerque Luncheon, Design-Build Procurement: Understanding the Basics

DBIA-Upper Midwest Region
March 19, Sixth Annual Awards Program

DBIA-Western Pacific Region
Feb. 27, Sacramento Luncheon Program, Sacramento State Presentation Yields National DBIA Student Championship

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TRENDING ARTICLES
Missed last week's issue? See which articles your colleagues read most.

    DBIA-Mid-America Region Expands (DBIA)
CBO: Six-Year Transit Bill Would Cost $100 Billion More (The Hill)
Did You Know? We Know Where You Can Use Design-Build (DBIA)
BIM Plays Pivotal Role in Europe's Biggest Rail Project (Sourceable)

Don't be left behind. Click here to see what else you missed.
 



Design-Build Insight

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