An Administrator's Guide to California Private School Law

Chapter 17 – Construction

 Alternative dispute resolution clause (arbitration or mediation), if desired.

1. F INGERPRINTING O F C ONSTRUCTION M ANAGERS If a construction manager will be performing actual construction or repairs of a school facility, schools must ensure the safety of the pupils by instituting one of the following methods:

 Installation of a physical barrier at the worksite to limit contact with pupils.  Continual supervision and monitoring of all employees of the construction manager.  Surveillance of construction manager employees by school personnel. 2337

The construction manager performing construction work is not subject to fingerprinting if the school utilizes one of these three protective methods. 2338 If, however, the construction manager will not perform any construction work, but will have more than limited contact with pupils, the school may determine, on a case-by-case basis, if the construction manager and its employees must submit to fingerprint and criminal background checks. 2339 If the school requires fingerprinting, the construction manager must provide the school written certification that none of its employees who may come into contact with pupils have been convicted of a felony. 2340 Similar to the architect fingerprinting requirements, if a school decides the construction manager must be fingerprinted, it should include a provision in the agreement stating the construction manager agrees to comply with the provisions of Education Code section 33192 and submit employee fingerprints to the Department of Justice and undergoing criminal background checks. The provision should clarify that the construction manager will pay all costs associated with this process and that it will not permit any employee to have contact with pupils until they have received the appropriate clearance. C. C ONTRACTOR A GREEMENT The prime contract between a school and its contractor typically consists of many documents, including the main construction contract, any bid invitations or documents distributed by the school, contractor’s accepted proposal, if any, payment and performance bonds, 2341 the plans and specifications, and the general and special conditions of the project. General conditions are typically a form agreement establishing the duties of the parties, the handling of change orders and extra work, disputes, project notices, and many other provisions. Not all private construction contracts use general conditions. A school should have its legal counsel and construction team prepare or review the contract documents prior to execution of an agreement with the contractor. The following are examples of provisions that a school should include in a contractor agreement:  Contract amount.  Name and address of the construction lender, if any. 2342  Requirement and procedure for requesting and processing contract payments.

An Administrator’s Guide to California Private School Law ©2019 Liebert Cassidy Whitmore 562