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LegiSLative Update// Local Governments Discover Design-Build By Richard Thomas Former U.S. Speaker of t he House Tip O’Neill coined the phrase, “All politics is local” to encapsulate the idea that a politician’s success is tied directly to his or her ability to understand local issues because they carry far more weight with constituents than complex national matters. This expression is especially true when it comes to design-build. Each state’s laws vary; many states have no or limited design-build authority and local governments have even less. As cities and counties recognize the advantages and expansion of design-build at the state and federal levels, they see the chance for their communities to deliver higher quality projects faster and more cost-effectively. In the last three years, nearly half of the laws expanding design-build authority did so at the local level. Local governments have roughly four levels of authority in project management. The first gives them the discretion to choose their project delivery methods, so moving forward on a designbuild project is as easy as passing a resolution or ordinance. Arizona and Florida fall into this group, with local governments frequently turning to design-build. The second level of authority is one in which local governments have design-build authority, but must get legislative approval. North Carolina is all too familiar with the obvious shortcoming of this process: It delays project delivery times when governments must seek authorization from the state legislature for a design-build project. Third is the situation in which local governments have only the limited authority of a pilot program. Often this is the result of a political compromise between design-build skeptics, who see it as a way to limit its spread, and design-build proponents, who consider it an opportunity to demonstrate that design-build works. Time is on the side of locals in this position—so far, every design-build pilot program has led to full authority for the entities involved. The fourth level allows local governments to gain design-build authority if they demonstrate the expertise necessary to use design-build. They must show they have experienced, qualified personnel; project delivery knowledge; and proper management and processes in place. Virginia and Washington are good examples of this level of authority, but one could argue that it is a higher standard than some states set for themselves. The biggest obstacles to design-build are also local. In some states, local unions, design firms and contractors fear that design-build won’t fit their business models and result in a loss of work. Others contend that certain local governments lack design-build expertise or are more vulnerable to favoritism than state governments. Dave Semerad, CEO of the The Associated General Contractors of Minnesota (AGC), offers a more nuanced perspective. “We’re not opposed to design-build for local governments if they are fair and transparent,” he says. “We don’t want a myriad of different construction laws and processes that are different for each level of government.” The key to expanding design-build authority is education. Efforts to educate lawmakers and the general public to the advantages of design-build have led to rapid growth in its acceptance and use. Stakeholders are learning that their fears are often based on myth rather than fact. Education and certification offers them the tools to deliver local projects that meet the public’s needs and protect taxpayers’ wallets. RichaRd Thomas is vice pResidenT of LeGisLaTive affaiRs aT dBia, wheRe he manaGes The oRGaniz aTion’s LoBByinG and advocacy effoRTs. he ha s conTRiBuTed To The desiGn-BuiLd manuaL of pR acTice a nd The a meRica n waTeR woRk s associaTion’s newLy ReLeased desiGn-BuiLd foR waTeR-wasTewaTeR. 4 summer//2012 the quarterly publication of the design-build institute of america

Table of Contents for the Digital Edition of DBIA IQ Summer 2012

DBIA IQ Summer 2012

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