PRINCE WILLIAM COUNTY NEIGHBORHOOD SERVICES 2013 NEIGHBORHOOD CONFERENCE

PRINCE WILLIAM COUNTY NEIGHBORHOOD SERVICES 2013 NEIGHBORHOOD CONFERENCE CONTRACTING 101 February 23, 2013 Presented by JEREMY R. MOSS

CONTRACTING 101 • Community associations routinely enter into contracts for services. • Value of the contract may range from a few dollars to a significant portion of the association’s annual budget. • Term of the contract may be brief or quite lengthy.

THE CONTRACTING PROCESS THE PARTIES • Board of Directors • Managing Agent • Association Legal Counsel • Contractor

THE CONTRACTING PROCESS RESTRICTIONS Community association’s governing documents may include limitations or prerequisites for contracts. • Monetary Restrictions • Execution

THE CONTRACTING PROCESS WORK REQUIREMENTS • Description of Work • Contractor Qualifications • Calendar • Work Standard • Special Requirements

THE CONTRACTING PROCESS BIDDING THE CONTRACT • Request for Proposals • Analysis of Proposals

ESSENTIAL CONTRACT PROVISIONS BIDDING THE CONTRACT • Price ― Total Due ― When and How Payment will be Made ― Automatic Renewal Terms ― Charges for Non-Contract or Incidental Work

ESSENTIAL CONTRACT PROVISIONS BIDDING THE CONTRACT • Term of Agreement ― Time Period ― Automatic Renewal Dates • Contractor is an Independent Contractor

ESSENTIAL CONTRACT PROVISIONS BIDDING THE CONTRACT • Guarantees and Warranties ― By Whom ― Of What ― Standards ― How Long ― Delivery of Warranty Certificates

ESSENTIAL CONTRACT PROVISIONS BIDDING THE CONTRACT • Indemnification and Hold Harmless Provisions • Insurance • Termination

CONTRACT REQUIREMENTS STANDARD FORM AGREEMENTS • Subcontracting • Assignment • Permits and Licenses • Utilities • Inspection • Discrimination

CONTRACT REQUIREMENTS STANDARD FORM AGREEMENTS • Mechanic’s Liens • Notices • Damages • Attorneys’ Fees • Applicable Law and Forum

CONTRACT PROVISIONS OTHER CONSIDERATIONS • Contractor and AIA Standard Form Contracts • Execution • Retainage

CONTRACT ADMINISTRATION RECORD KEEPING • Written Agreement • Contract Changes • Work Log • Work Inspection • Payments • Completion

CONTRACT ADMINISTRATION SPECIFIC CONTRACT CONSIDERATIONS • Management • Towing • Landscaping • Construction

CONTRACTING 101 QUESTIONS AND DISCUSSION ?

PRINCE WILLIAM COUNTY NEIGHBORHOOD SERVICES 2013 NEIGHBORHOOD CONFERENCE CONTRACTING 101 February 23, 2013 Presented by JEREMY R. MOSS