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Contracting With CALTRANS And Other Public Works Agencies  

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Training Course Syllabus:


This seminar is designed for contractors, subcontractors, construction and project managers, administrators, and managers of cities, counties, and other public entities, presidents, vice presidents, developers, public works directors and attorneys.

The California Department of Transportation (CALTRANS) is the largest public works builder in California with a construction budget of $8 Billion per year.

This seminar covers the bidding, contract management, subcontracting, delays and claims, dispute review board and arbitration.

In addition, the seminar will cover similarities and differences with other California entities such as the University of California and such major public entities as the City of Los Angeles and Metro Transportation Authority.

9:00 a.m. - 9:15 a.m.

I. CALTRANS Projects And Delivery Systems

A. California Construction Industry

B. CALTRANS Project Delivery Approaches

C. CALTRANS Budget Outlook

D. CALTRANS – Web Pages

9:15 a.m. - 9:30 a.m.

II. CALTRANS Project Risk Checklist

A. Evaluating Project Risk

B. Risk Checklist

9:30 a.m. - 9:50 a.m.

III. Project Design

A. Selection Of Design Professionals

B. Key Clauses In Design Agreements

C. A/E Statutes Of Limitation

9:50 a.m. - 10:15 a.m.

IV. CALTRANS Construction Agreements

A. Introduction

B. “Standard Specifications”

C. Special Provisions

D. Metric vs. English Units

E. Key Clauses In Contracts

F. Contract Management Manual

G. Design-Build Agreements

10:15 a.m. - 10:30 a.m.

Break

10:30 a.m. - 11:50 a.m.

V. Special Attributes Of CALTRANS Projects

A. Public Agency Contract Administration

B. Overview Of The Public Contract Code

C. The California Arbitration Act

D. California Public Records Act

E. DBE Goals

F. Good Faith Effort

G. Federal Public Law Considerations

H. Contracts With Public Officials

11:50 a.m. - 12:15 p.m.

VI. Insurance And Bonding

A. Insurable Risks

B. Construction Insurance And Bonding Practices

C. Construction Insurance

D. Insurance Coverage Litigation

E. Bonding

12:15 p.m. - 1:15 p.m.

Lunch (On Your Own)

1:15 p.m. - 1:45 p.m.

VII. Contractor Licensing Law

A. Overview Of Licensing Law

B. Who Needs A License?

C. License Classification/Requirements For Public Contracts

D. Which License Is Necessary?

E. Unlicensed Contractors

F. Exemptions From The License Law

G. Effects Of Failure To Properly License Entities

H. Conclusion

1:45 p.m. - 2:15 p.m.

VIII. The Bidding Process

A. Competitive Bidding Requirements

B. Bid “Responsiveness”

C. Bidder Responsibility

D. Solicitation Of Bids

E. Bid Submission

F. Withdrawal Of Bids

G. Bid Mistakes

H. Subletting And Subcontracting Fair Practices Act

I. Bid Evaluation

J. Prevailing Wages

K. Bid Protests – Administrative Challenges

L. Bid Protests – Legal Challenges

2:15 p.m. - 2:30 p.m.

Break

2:30 p.m. - 2:50 p.m.

IX. Construction Problems

A. Inadequate Design

B. Unforeseen Conditions

C. Changes And Modifications

D. Scheduling

E. Suspension Of Work

F. Delay

G. Disruption And Productivity Losses

H. Payment

I. Impossibility Of Performance

2:50 p.m. - 3:10 p.m.

X. Assessing Damages

A. Breach Of Contract

B. Material Breach And Abandonment

C. Tort Damages

D. Waiver Of Consequential Damages

E. Fraudulent Claims

3:10 p.m. - 3:30 p.m.

XI. Claims Process

A. Notices

B. Schedules And Delays

C. NOPC’s

D. Sufficient Claims

E. DRB’s

F. Arbitration

3:30 p.m. - 3:45 p.m.

XII. Third Party Claims

A. Construction Accident Claims

B. Construction Defect Claims

3:45 p.m. - 4:00 p.m.

XIII. Claims Analysis

A. Phasing The Analysis

B. Delay Analysis

C. Time Related Overhead (TRO)

D. False Claims

E. CALTRANS Audits

4:00 p.m. - 4:15 p.m.

XIV. Deadlines And Limitations

A. Contract Provisions

B. Statutory Notice Requirements

C. Other Public Works Statutes

D. Additional Statutes Of Limitations

E. Tort Claims Issues

F. Statutes Of Repose

4:15 p.m. - 4:30 p.m.

XV. Dispute Resolution

A. Mediation

B. Arbitration

C. Appeals

XVI. Questions And Answers

Seminar Summary:

 (see full course description)

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