Zampi, Determan & Erickson LLP
225 Broadway, Suite 1450
San Diego, California 92101
Toll Free: 800-864-8111
Office: 619-231-9920
Fax: 619-231-8529

Bidding for Services/Developer Fees/Construction

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  • Prohibition of rebid of multi-use project under Public Contract Code section 5105 after withdrawal of bid under Public Contract Code section 5103
  • Bid protests and award regarding multi-use project
  • What is subject to the Public Records Act under the bidding processes
  • Whether a licensed subcontractor may disgorge money paid for its services to the owner because the licensed subcontractor was hired by an unlicensed contractor
  • Bid protest and award for construction of project
  • Whether the district can competitively bid the food services contract without prior approval of the company they currently contract with, while at the same time renewing its existing contract for one year
  • Statements and demands made to the district regarding illegal bidding solicitations
  • Whether a draft bid and contract for student transportation services complies with CA statutory requirements
  • Whether the district has a legal duty to recover the money paid to company under the unlawful, invalid contracts
  • Whether the competitive bidding requirements of the Public Contract Code apply to the district’s contracts with a company for the installation of data lines and running of fiber optic cables for technology support in new and renovated facilities
  • District use of the construction manager at risk project delivery method in lieu of the traditional design-bid-build method for campus renovations using Proposition 29 bond monies
  • Whether the district may utilize the construction manager at risk as a project delivery method for the design and construction of a campus
  • Request for qualifications and proposals for architectural services
  • District’s ability to bypass bidding requirements to renovate a building: can the district use the design-build process to renovate the newly acquired building
  • Change orders, competitive bids, replacement of district property, propriety of district’s purchases, and sale of district property
  • Whether the district is required to put the purchase of hardware and software out for bid
  • Process for bidding alternatives on district projects which will withstand legal challenge
  • Developer fees and draft of proposed resolution which sets forth information and findings necessary to grant a partial exemption to the developer fees
  • Forms to assist with developer fees and the required justification study to be completed by the local school districts
  • Developer fees
  • Whether the district should waive developer fee in lieu of donation to general fund
  • Alternative to amount imposed on residential construction
  • Submission of schedule specifying how school district will use land or fees, or both, to solve conditions of overcrowding; modifications
  • Interim method of providing facilities to relieve overcrowding
  • School facilities needs analysis
  • Developer’s fees: purposes and ways to spend; authorization for fee, charge or dedication from development project within district to fund school construction; certification by district as condition to permit for development
  • Limitations on imposition of developer fees
  • Construction bidding procedure and hiring of construction manager
  • Bidding requirements
  • Software license and services agreement and technical currency agreement. Bidding procedures and negotiation of the contract
  • Modernization project: bidding requirements for removal of asbestos tiles
  • Notice to contractors calling for bids
  • Land use law and planning conference. Quick hits: School construction finance
  • School facilities fees
  • Developer fee justification study
  • Developer fees - forms: notice of proposed extension of interim increase in school facilities fees. Notice of proposed adoption of increased school facilities fees. Resolution of the governing board extending the interim authorization for an increase in school facilities fees. Resolution of the governing board regarding interim authorization for an increase in school facilities fees
  • Recommended precautions school districts should take to avoid problems with unlicensed contractors or contractors with worthless performance bonds
  • Maintenance assessment districts/uses, benefits, political considerations and choosing consultants
  • Provisions to the Public Contract Code §§ 20104-20104.8 which must be included in the plans and specifications for any public works project which may give rise to a contractor's claim (arbitration of contractor's claims)
  • School Facilities Fees
  • Necessity of paying workmen employed by contractors or subcontractors the general prevailing wage rate on projects financed by developer fees
  • Article entitled contract interpretation



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