Introduction to Contracting for
Construction of School Facilities
Presented by
Brian W. Smith
Bowie, Arneson, Wiles & Giannone
C.A.S.H. Preconference Workshop
October 19, 2015
Overview: 10,000 Foot Level
Ultimate Goal: Facilities Meeting District Needs On Time
Within Budget
Very Complex Multiple Building Systems And Components All Need Process: To Fit Together
Many Different Design, Management And Construction Skills Required
Up‐Front Planning Is Critical
Team Approach: School District, Legal Counsel, Design Professionals,
Contractors, Construction Managers, Inspectors
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Team Member Roles –
Planning and Design Phase
School District: Determine Needs And Desires
Contract For Services
Convey Needs And Desires To Design Team
Refine Needs And Desires During Design Process (i.e., Make Decisions)
Architect: Interpret What District Says It Needs And Desires
Produce Plans And Specifications That The Contractor Can Use To Build Facilities
Obtain Required Approvals (e.g., Field Act Approval From DSA)
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Team Member Roles –
Construction Phase
School District: Make Decisions (e.g., Change Orders)
Monitor Statutory Compliance
Pay Contractor And Consultants
Architect: Responding To Questions Re Plans
Observe Work
Close‐Out (i.e., Final Documentation)
Contractor: Interpret Plans
Construct Facilities
Monitor Statutory Compliance
Close‐Out (i.e., Final Documentation)
Inspector: Ensure Facilities Constructed In Accordance With
Plans And Applicable Codes/Regulations
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Contract Documents
Define Relationships Of The Team Members
• Each Party's Expectations And Obligations
• What Happens If There Is A Problem Or Dispute
• Provisions Required By Law
Critical That Contracts Be Clear And Well Organized
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Selection of team members –
Design Professionals/Consultants
• Architectural, Landscape Architectural, Engineering, Environmental,
Land Surveying, And Construction Project Management
• Gov. Code §4525: Demonstrated Competence And Professional Qualifications
• Gov. Code §4529.12: Fair And Competitive Selection Process
• Typically Satisfied Using Request For Qualifications/Request For Proposals Process
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Selection of team members –
Construction Contractors
• Competitive Bidding Historically The Primary Method For Selecting Contractors
• Public Contract Code §20111: Primary Bidding Requirement
• Public Contract Code §22000: CUPCCAA Alternate Procedures
• Exceptions To Bidding (e.g., Lease‐Leaseback)
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Requests for Proposals and
Competitive Bidding are Not the
Same
Proposals: Seek Information Beyond Just Price
Can Create Shortlist To Interview
Can Negotiate Price
Result Can Be Contracting For Best Value, Not Lowest Price
Bidding: Generally A Stricter Process
No Negotiating
Bids Can't Be Changed
Deciding Factor Is Lowest Price
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When is Competitive Building
Required?
Public Contract Code §22002: Definition Of Public Project
Construction, Reconstruction, Erection, Alteration, Renovation,
Improvement, Demolition, And Repair Work Involving Any Publicly Owned, Leased, Or Operated Facility
Painting Or Repainting Of Any Publicly Owned, Leased, Or Operated Facility
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Definition Of Public Project Excludes
Maintenance
Public Contract Code §22002: Definition Of Maintenance
Routine, Recurring, And Usual Work For The Preservation Or Protection Of Any Publicly Owned Or Publicly Operated Facility For Its Intended Purposes
Minor Repainting
Landscape Maintenance, Including Mowing, Watering, Trimming, Pruning, Planting, Replacement Of Plants, And Servicing Of Irrigation And Sprinkler Systems
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Current Bidding Thresholds
Public Contract Code $15,000
§20111:
Public Contract Code Force Account, Negotiated Contract Or P.O. If ≤ §22032: $45,000
(i.e., CUPCCAA)
Informal Bidding If ≤ $175,000
Formal Bidding If > $175,000
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Construction Contracting Legal
Requirements
Business & Professions Code
Code of Civil Procedure
Civil Code
Education Code
Government Code
Labor Code
Public Contract Code
… And Regulations Too!
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Specific Legal Requirements –
Obtaining Bids
"Front‐End" Bidding Documents
Notice Inviting Bids
Instructions For Bidders
Form Of Contract
General Provisions
Special Provisions
Forms
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Specific Legal Requirements –
Prequalification
Public Projects Projected To Cost In Excess Of $1 Million And Paid,
In Whole Or In Part, Using SFP Funds Or State Bond Proceeds
(AB 566: Applies to Lease‐Leaseback Regardless of Source of Funds)
Must Prequalify Prospective Bidders On Basis Of
Standardized Questionnaire And Financial Statement
Prospective Bidders Include: (i) Prime Contractors With A Or B License;
And (ii) Prime Contractors And Subcontractors With
Certain Mechanical, Electrical Or Plumbing License
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Specific Legal Requirements –
Public Work
Definition Of Public Work: Labor Code §1720 Et Seq. – Partial List
Construction, Alteration, Demolition, Installation, Or Repair Work
Done Under Contract And Paid For In Whole Or In Part Out Of Public Funds
Laying Of Carpet In A Public Building
Done Under Contract And Paid For In Whole Or In Part Out Of Public Funds
Certain Construction Or Maintenance Of Renewable Energy
Generating Capacity Or Energy Efficiency Improvements
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Specific Legal Requirements –
Public Work
Examples Of Requirements Applicable to Public Works
Project Registration (PWC 100)
Contractor Registration
Prevailing Wages
Certified Payroll Records
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Questions?
Brian W. Smith
Bowie, Arneson, Wiles & Giannone
(949) 851‐1300 or BWSmith@bawg.com
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