Learn from expert practitioners in the private and public sectors about the vital and dynamic issues confronting participants in the California public works construction process. This cutting edge program will comprehensively address the critical developments in California public works construction law which are taking place today. The program will include an overview of basic public works construction law including the bidding and contracting process, the prevailing wage obligation, special issues affecting specific public agencies such as the University of California, the California State University and hospital and school districts, ongoing issues involving project labor agreements on public construction works, the interaction between federal and state legal requirements, and the means for resolving public works construction disputes. This full-day seminar will be accompanied by a detailed handbook reviewing and discussing the major issues in California public works construction. The information is intended for those who work for public agencies and those who are employed in private enterprises which interface with public agencies on construction matters.
- The bidding process
- Prevailing wage obligations on public works: An expensive trap for the unwary bidder
- Civil False Claims Act liability for contractors on state public work
- Project labor agreements and owner controlled insurance programs
- Arenas for resolution of public works construction disputes
- The attendee will be able to discuss characteristics of public works construction contracts.
- The attendee will be able to identify security sensitive plans and specifications for local public works projects.
- The attendee will be able to review federal and state legal requirements on public works construction in California.
9:00 a.m. - 9:10 a.m.
I. Introductory Remarks And Overview
9:10 a.m. - 10:00 a.m.
II. Characteristics Of Public Works
Construction Contracts Which Jobs
Must Be Bid And Which Jobs Are
A. Relevant Statutes
B. Lowest Responsible Bidder
C. Competitive Bidding
D. Minimum Amount
F. Home Rule Exemption
G. Statutory Exemptions
10:00 a.m. - 10:30 a.m.
III. The Bidding Process
B. Bid Opening
C. Rejection Of Bids
D. Challenge Of Bid Award
10:30 a.m. - 10:40 a.m.
10:40 a.m. - 11:30 a.m.
IV. Prevailing Wage Obligations On Public
Works: An Expensive Trap For The
A. City Of Long Beach Decision Judicial Recognition Of Statewide Interest In Prevailing Wages: 'Municipal Affairs' vs. 'Public Policy'
B. Changing Exemptions To Prevailing Wage Requirements: 'Operation' vs. 'Maintenance'
C. The Impact Of Public Support Of Otherwise Privately Financed Construction
D. Contractors Now Go To The DIR Director To Contest Wage Violations How It Works
11:30 a.m. - 12:00 p.m.
V. Protecting Security Sensitive Plans And
Specifications For Local Public Works
A. What Is Security Sensitive Information?
B. The Consequences Of Unauthorized Disclosure Of SSI
C. Reasonable Steps For Protecting Security Sensitive Plans And Specifications
12:00 p.m. - 1:00 p.m.
Lunch (On Your Own)
1:00 p.m. - 1:45 p.m.
VI. Civil False Claims Act Liability For
Contractors On State Public Work
A. Proving False Claims
B. Defenses To Civil False Claims Act Charges
C. Penalties For Making False Claims
D. Ethical Considertions For Tactical Use Of The Civil False Claims Act As A Negotiating Tool By Public Agencies
1:45 p.m. - 2:30 p.m.
VII. Federal And State Legal Requirements
On Public Works Construction In
California: Which Rules Control?
A. Davis-Bacon Act And California Prevailing Wage Requirements
B. ADA Requirements And Parallel (But Broader) State Requirements For Accommodation Of Disabilities
C. 11th Amendment Immunity Issues
D. Federal vs. State Rules Regulating Employment
E. California Labor Commissioner Investigation And Prosecution
F. Labor Compliance Program Investigation And Prosecution
2:30 p.m. - 3:15 p.m.
VIII. Project Labor Agreements And Owner
Controlled Insurance Programs
A. Project Labor Agreements On Federal-Aid Projects
B. Labor Relations Issues Under Project Labor Agreements
C. Owner Controlled Insurance Programs Understanding And Assessing Coverage And Enrollment Requirements
3:15 p.m. - 3:25 p.m.
3:25 p.m. - 4:10 p.m.
IX. Arenas For Resolution Of Public
Works Construction Disputes
A. Agency Administrative Remedy Exhaustion Requirements
B. Use Of State Courts Claim Notice Requirements And Pleading Requirements
C. Use Of ADR In Public Works Construction Mediation, Arbitration And Their Variants
D. Dispute Review Boards
4:10 p.m. - 4:45 p.m.
X. Questions And Answers