Lease/Leaseback Definition

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Construction Project Delivery Methods

Calistoga Joint Unified School District

Presenters

Scott Gaudineer, Program Executive

Caldwell Flores Winters

Kurt Evans, Vice President

Lusardi Construction

Juan Barroso, Vice President

Blach Construction

1

Facilities Mission

Calistoga School facilities shall support diverse, innovative, interactive learning experiences, promote academic excellence, and instill a passion for life-long learning. The facilities shall be safe, clean, and accommodate the present and future needs of the entire community.

2

What is Lease/Leaseback?

Lease/Leaseback refers to a legal contract where:

A School District leases a building or a whole school site to a

General Contractor or Construction Manager giving them rights to build out the Architect’s design

The General Contractor/Construction Manager then sub-leases the building and site back to the District to allow them to continue school operations

3

Lease/Leaseback Definition

The L/LB Method is a project delivery method that enables a school district to act like a private entity.

It is defined and approved under the Education Code Section

17406(a) and reads:

“The governing board of a school district, without advertising for bids, may let, for a minimum rental of one dollar ($1) per year, to any person, firm or corporation any real property that belongs to the district if the instrument by which such property is let requires the lessee therein to construct on the demised premises, or provide for the construction thereon, a building or buildings for the use of the school district during the term thereof, and provides that title to that building shall vest in the school district at the expiration of that term…”.

4

How is Lease-Leaseback Different?

The District can hand select a financially sound, qualified, reputable Contractor

The Contractor is part of the

Team from project start

The Contractor is utilized for pre-construction services

One Team, One Direction!

5

Methods of Project Delivery

Design/Bid/Build (traditional public bid)

Lease/Leaseback Design Assist

Lease/Leaseback Design Build

CM Multi-prime

6

Design/Bid/Build (traditional public bid)

The Design/Bid/Build process is one in which the District and the Architect work together to define project scope. The

Architect (with the design team) complete the project plans which are sent out to

General Contractors for public bid. The low bid General Contractor is selected.

7

Design/Bid/Build (traditional public bid)

Pros:

Competitive bid process

Defined project prior to bid

Cons:

No design input prior to bid, design is not budget based

Largest exposure for change orders

Adversarial relationship

Time and cost overruns

Stuck with low bid

8

Lease/Leaseback Design Assist

The L/LB Design Assist process is one in which the District hires an Architect and

General Contractor separately to work together to define project scope with a target budget. The Architect, District, and GC collaborate on design. The GC updates the project budget as plans progress.

9

Lease/Leaseback Design Assist

Pros:

The District can choose their Contractor & Architect

The Contractor is part of the design process

Project is designed to a budget

District, Architect, Contractor work as a Team!

Cons:

There is not single source responsibility

10

Lease/Leaseback Design Build

The L/LB Design Build process is similar to the L/LB Design Assist except that in a

Design Build, the Architect works for the

General Contractor. The General

Contractor becomes the single source responsibility to the District.

11

Lease/Leaseback Design Build

Pros:

The District can choose their Contractor & Architect

The Contractor is part of the design process

Project is designed to a budget

There is single source responsibility

District, Architect, Contractor work as a Team!

Cons:

District has less control over design & quality

Architect works for Contractor, not District

There can be perception of no 3 rd party representation

12

CM Multi-prime

The CM Multi-prime process is one in which the

District hires an Architect and Construction

Manager separately. The CM acts as the

District’s agent in all pre-construction and construction activities. The CM bids out the project on behalf of the District to the various trades (carpenters, electricians, etc). The

District contracts with all of the trade contractors separately and has liability for these contractors.

CM manages schedule and subs.

13

CM Multi-Prime

Pros:

The District can choose their CM

Public competitive bid process is used for subs

The CM is involved with pre-construction and construction

General Contractor mark-up is saved

Cons:

The District is most at risk (holds all low bid contracts)

Creates the most administrative difficulty

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Advantages of Having the GC Involved Early

Team collaborates to identify

District goals & budget

Contractor assists designers to help maximize value

Contractor assists with construction means and methods, sustainability, & long term durability

Project is kept on track with updated budgets and schedules

Contractor accountability due to design involvement

Proper planning minimizes surprises and changes

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