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Published byGodfrey Hicks Modified over 8 years ago
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The Contracting Process From Drafting expert RFPs to Managing the bidding process and signing a winning contract Presented By: Ruth Harlan Staci Gelfound, AMS, PCAM Susan Rapaport, Esquire
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Association Contracts
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Types of contracts needed by an Association How often should the Association bid out contracts How often should the Association change its contractors Which contracts should be reviewed by an attorney Form Contract
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THE RFP
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Association Contracts When should the Association prepare an RFP Requirements of an RFP – What should be included When not using an RFP, how do you get a proposal or quote Use CAI resource Who should prepare the RFP If technical – Select Engineer Board/Management – Issues to consider Number of quotes/proposals needed
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Contractors
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Where to find vendors CAI When should Association use its own employees Conflict of interest issues in selecting contractor Bidders conference Bids are confidential Professional courtesy to contractors not selected
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The Contract
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AIA Contract Parts of AIA Architect/Engineer oversight Payments Substantial Completion Arbitration Elements of a Contract Parties to the contract Scope of work, specific Total agreed upon amount, when payment is due Time period for work to begin, end, hours of operation
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The Contract Elements of a Contract Standard of performance Restoration of property Use of subcontractors Indemnification Insurance Licenses & permits Notices Termination Default Financial protection
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The Contract Elements of a Contract Warranty Assignability Modification Waiver Governing law Severability Entire agreement, modification, change orders Prevailing party attorney fees Jurisdiction Arbitration/Court What should Board discuss in executive session Disclosing contract to owners
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Now What?
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What Needs to be done Insurance Obtain certificate of insurance Additional insured Have insurance agent review Unique Association Issues Notice to owners Preparation for work
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Who Oversees the project
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Who oversees the project On site employees Professionals Board Members Managers Check terms of management contract
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