1. This training is provided for educational, compliance and loss-prevention purposes only and, absent the express, prior agreement of DWK, does not create or establish an attorney-client relationship. The training is not itself intended to convey or constitute legal advice for particular issues or circumstances. Contact a DWK attorney for answers to specific questions. © 2016 Dannis Woliver Kelley SAN FRANCISCO | LONG BEACH | SAN DIEGO | NOVATO | CHICO | SACRAMENTO | SAN LUIS OBISPO Mark Kelley Dannis Woliver Kelley Overview Of The Construction Process San Rafael City School District Board Of Education February 8, 2016

2. 2 © 2016 Dannis Woliver Kelley www.DWKesq.com Introduction

3. 3 © 2016 Dannis Woliver Kelley www.DWKesq.com School Construction: A Code-Driven Process  Field Act ─ Ed. Code sec. 17280 et seq. ─ Division of the State Architect (DSA) oversight and approval ─ Project Inspectors  California Environmental Quality Act (CEQA) ─ Publ. Resources Code sec. 21000 et seq.  Procurement laws ─ And Conflict of Interest laws

4. 4 © 2016 Dannis Woliver Kelley www.DWKesq.com Team Functions  Staff  Management (outside): ─ Program management ─ Construction management/project management  Design professionals  Legal: ─ Bond counsel, disclosure counsel ─ Construction counsel  Other consultants

5. 5 © 2016 Dannis Woliver Kelley www.DWKesq.com Key Elements For Board Action  All contracts and amendments need Board approval. ─ Near term: California Environmental Quality Act (CEQA) consultant; Team for Stadium project SRHS ─ Future: Architects; Program management/construction management; Builders/contractors; Inspector(s)  Board direction on: ─ Near term: Approach to Stadium project; Approach to CEQA compliance ─ Future: Approach to professional staffing (architects, program/construction management); Approach to construction contracting; Timing of bond sales

6. 6 © 2016 Dannis Woliver Kelley www.DWKesq.com Board Action, ct.  Board to approve: ─ Master Plan ─ Project-level: Plans and specifications Prequalification Contracts Change orders Completion ─ CEQA documents ─ Bond sales

7. 7 © 2016 Dannis Woliver Kelley www.DWKesq.com California Environmental Quality Act (CEQA)

8. 8 © 2016 Dannis Woliver Kelley www.DWKesq.com

9. 9 © 2016 Dannis Woliver Kelley www.DWKesq.com Procurement

10. 10 © 2016 Dannis Woliver Kelley www.DWKesq.com Consultants  Architects, Program/Construction Managers, others: ─ Select by qualifications-based process ─ Government Code 4525 et seq.  Best practice for larger contracts: ─ Request for Qualification ─ Request for Proposal ─ Interviews and ranking  Options: ─ Panel of selected firms, assigned by project ─ Single firm, or few firms, selected by all/group of projects

11. 11 © 2016 Dannis Woliver Kelley www.DWKesq.com Builders: Primary Project Delivery Options  Publicly Bid: ─ Design-Bid-Build (Publ. Contract Code sec. 20111) ─ Multiple Prime Contracting (same)  Negotiated, Non-Bid*: ─ Construction Management At Risk ─ Lease-leaseback (Ed. Code 17406) ─ Design-Build (Ed. Code 17250 et seq.) [* portions may be bid]

12. 12 © 2016 Dannis Woliver Kelley www.DWKesq.com Recent Concerns With Contracting  Issues arising out of lease-leaseback and other negotiated contracts  Conflict of interest (Govt. Code 1090)  Fair Political Practices Commission opinions

13. 13 © 2016 Dannis Woliver Kelley www.DWKesq.com Questions

14. 14 © 2016 Dannis Woliver Kelley SAN FRANCISCO LONG BEACH SAN DIEGO NOVATO CHICO SACRAMENTO SAN LUIS OBISPO www.DWKesq.com Mark W. Kelley mkelley@dwkesq.com 415-543-4111 mkelley@dwkesq.com Thank you.