Law Seminars International Presents

An advanced one day workshop on

Contracting with Local Government

August 12, 2004
Renaissance Seattle Hotel in Seattle, WA
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Who Should Order Homestudy

Public and private sector attorneys, government officials including public works officials and procurement officers, business representatives including developers, contractors, vendors and anyone contemplating doing business with local government

Why Order

This workshop is aimed at public and private sector lawyers, public works officials and procurement officers. It will update participants on the latest legal developments in, and approaches to, public works and procurement for Washington local governments. Our panel of highly regarded attorneys and experts will provide attendees with creative tools and specialized knowledge for contracting with local government in four main topic areas: (1) the traditional public works design-bid-build process, (2) alternative approaches using design-build and general-contractor-construction- manager, (3) alternative approaches using public-private cooperative arrangements, and (4) procurement of goods and services. ~ Program Co-Chairs: Richard W. Oehler, Esq., Hugh D. Spitzer, Esq. and David O. Thompson, Esq.

What You Will Learn

The latest developments in the traditional public bid process and public works contracting; Alternative public bid procedures under RCW 39.10: design-build and GCCM; Public-private partnerships: Alternatives that substantially shift risk and returns to private sector developer-builder teams; procurement of goods and services

Agenda

Thursday, August 12, 2004
8:30 am Introduction and Overview
  Richard W. Oehler, Esq., Program Co-Chair
 Perkins Coie / Seattle, WA
  Hugh D. Spitzer, Esq., Program Co-Chair
 Foster Pepper & Shefelman LLP / Seattle, WA
  David O. Thompson, Ph.D., Program Co-Chair
 Preston Gates & Ellis, LLP / Seattle, WA
8:45 am The Latest Developments in the Traditional Public Bid Process and Public Works Contracting
  Overview - developments in prevailing wages; how to disqualify truly unqualified potential bidders
  Rodney Eng, Esq., Director of Contracts
 Seattle City Attorney's Office / Seattle, WA
  Contracting with and managing your design professionals
  W. Gregory Guedel, Esq.
 Foster Pepper & Shefelman PLLC / Seattle, WA
  Deborah L. Cade, Esq., Assistant Attorney General
 Washington State Office of the Attorney General / Olympia, WA
10:15 am Break
10:30 am Alternative Public Bid Procedures Under RCW 39.10: Design-Build and GCCM
  Process overview and discussion of recent examples; practical problems and how to overcome them; RFP structure and content; negotiations with private sector participants
  Hugh D. Spitzer, Esq., Program Co-Chair
 Foster Pepper & Shefelman LLP / Seattle, WA
  GCCM - General Contractor Construction Management
  Ken Johnsen, Prinicpal
 Shiels Obletz Johnsen / Seattle, WA
  The Design-Build Process
  Erin Fletcher, Project Engineering and Construction Coordinator
 Seattle Monorail Project / Seattle, WA
12:00 pm Lunch (on your own)
1:15 pm Public-Private Partnerships: Alternatives that Substantially Shift Risk and Returns to Private Sector Developer-Builder Teams
  The pros and cons of financing leases, lease-leaseback transactions, "63-20s," and build-to-lease both on an operating lease and financing lease basis
  David O. Thompson, Esq., Program Co-Chair
 Preston Gates & Ellis, LLP / Seattle, WA
  Thomas Kuffel, Esq, Senior Deputy Prosecuting Attorney
 King County Prosecutor's Office / Seattle, WA
  Richard C. Yarmuth, Esq.
 Yarmuth Wilsdon Calfo PLLC / Seattle, WA
3:00 pm Break
3:15 pm Procurement of Goods and Services
  Procurement of goods including information technology acquisition; intergovernmental purchase "piggybacking"
  Richard W. Oehler, Esq., Program Co-Chair
 Perkins Coie / Seattle, WA
  Special issues and considerations in contracting for services
  James F. Nagle, Esq.
 Oles Morrison Rinker & Baker LLP / Seattle, WA
4:45 pm Adjourn

Cancellation

There is a $25 cancellation fee for Course Materials orders and $50 for Homestudy orders

Continuing Education Credits

Law Seminars International automatically obtains CLE credit approval for the state in which a seminar is held. On request, we will apply for CLE credits in other states and other types of credits. Current credits status: WA 6.25 CLE (#124166) | CA 6.5 MCLE | NY CLE 7.5 (no ethics, non-transitional)

Cost

Our complete Homestudy Course, consisting of a VHS or DVD recording and the written course materials, is available for $505. The course materials alone are available for $100. We will ship your homestudy order via UPS ground within two weeks after the seminar or the date we receive payment (which ever is later).
Order Homestudy

Faculty Bios

Rick Oehler, Program Co-Chair, is a partner in the Seattle office of the Perkins Coie law firm. He counsels entities regarding public contracts with federal, state and local governments. He also handles disputes and related litigation, including prime contractor/subcontractor disputes, Government contract disputes, Government investigations and Public Disclosure Act/Freedom of Information Act cases. Rick also handles international government contract matters, including export controls and Foreign Corrupt Practices Act matters. Prior to joining Perkins Coie, he served for many years as a Trial Attorney with the U.S. Department of Justice in Washington, D.C., where he represented the United States in federal court disputes.

Hugh Spitzer, Program Co-Chair, is a public finance lawyer at Foster Pepper & Shefelman PLLC who has served as bond counsel on most types of public financings. He participates in utility, school, city, housing authority, special district and transportation financings, and is well known for his work with major public facilities projects. He is also known for structuring intergovernmental and public-private cooperative projects, and represents public and nonprofit entities in contract negotiations. Hugh teaches local government law and state constitutional law at the U.W. Law School, and has published widely on public finance, public contracting and related topics.

David Thompson, Program Co-Chair, joined the Preston Gates firm in 1987. His practice includes municipal finance and municipal law. His municipal finance practice involves bond counsel and underwriter's counsel work. David has worked on a variety of transactions, including numerous general obligation and revenue bond issues, assessment bond issues, lease financings, short-term obligations, industrial development bonds and certificates of participation. He has worked on variable rate "lower floater" bonds, commercial paper transactions and other credit enhanced structures. He has helped structure public-private financing transactions for municipal, corporate and nonprofit clients. He has worked with the full range of the firm's municipal clients in Washington and Alaska: cities, counties, school districts, port districts, public corporations, and water and sewer districts. David currently serves as bond counsel for King County, the City of Port Angeles, the Port of Bellingham, the Port of Moses Lake, Tacoma School District, the City of Ketchikan and the City of Westport. He has also served as underwriter's counsel for U.S. Bancorp, Piper Jaffray, and BancAmerica Securities. David is a member of the National Association of Bond Lawyers and the King County Bar Association. He is the author of the chapter on Municipal Law and Practice in Washington Practice, West Publishing (Fourth ed.).

Deborah L. Cade is an assistant attorney general in the Transportation and Public Construction Division of the Washington Office of the Attorney General, and is chief environmental counsel to the Washington State Department of Transportation.

Rodney Eng is the Director of Contracts for the Seattle City Attorney’s Office. A primary emphasis of his legal practice involves public works contracting and litigation. He was an original member of the Washington State Alternative Public Works Methods Oversight Committee, which was charged with reviewing and making recommendations about the current and future use of design-build and other alternative public works contracting procedures, as well as traditional public works procedures.

Erin Fletcher is the Project Engineering and Construction Coordinator for the Seattle Monorail Project. Her responsibilities include managing many of the technical issues associated with the monorail, particularly as it relates to the DBOM procurement. Prior to this, she was responsible for developing technical information as well as coordinating inspections for the Tacoma Narrows Bridge Project, a $615 million public-private partnership project that is the first major transportation design-build project in Washington state.

Greg Guedel is a Member at the Foster Pepper & Shefelman PLLC Seattle office. He works with the Construction Practice Group, Real Estate Practice Group and Litigation and ADR Practice Group. He concentrates his practice on complex construction, government contracting, and business law. Greg has experience with all aspects of pre-trial, trial, and appellate case management; analysis, preparation, negotiation, and litigation/ADR of contractor and owner claims; as well as drafting and interpretation of prime, sub, design/build, and construction management contracts. He has additional experience with construction escrow planning and management, serving developers and financial institutions.

Ken Johnsen is a Principal with Shiels Obletz Johnsen, a Portland and Seattle based firm that specializes in the management of complex urban development projects for public and private clients. He was Executive Director of the Washington State Major League Baseball Stadium Public Facilities District, the agency created by the State of Washington to site, design and build Safeco Field. He is currently Project Director for the City of Seattle Civic Center Project, which includes a new Justice Center, City Hall and Open Space Program on three blocks in downtown Seattle. He is also the former Manager of Planning and Research and Director of Development for the Port of Portland.

Thomas Kuffel is a Senior Deputy Prosecuting Attorney who manages the Contracts, Procurement and Court Services Section in the Civil Division of the King County Prosecuting Attorney’s Office. He represents various county departments and agencies on a variety of public procurement matters, including the procurement of capital works projects.

James F. Nagle is a partner at Oles Morrison Rinker & Baker LLP where he focuses his practice on government contracts and construction law. He has extensive experience in supply, services, international, major systems and construction contracts. He has written numerous books and articles on federal contracting and is a frequent lecturer on government procurement.

Richard C. Yarmuth is a Principal of Yarmuth Wilsdon Calfo PLLC and focuses his practice primarily on complex commercial litigation, dispute resolution, contract negotiation, municipal law projects and public utility project development. His projects have included representing the City of Seattle, Snohomish County and other local governments in contracts and litigation involving water and solid waste issues including negotiating Seattle's $700 million long-haul waste disposal contract with Waste Management, Inc.