Professional Documents
Culture Documents
M-201
Revision 1
Acknowledgements
Community Associations Institute members were instrumental in the overall
design and development of this course. As content developers, reviewers,
and advisors, they devoted hours to this project, generously sharing their
expertise and ensuring successful completion. Their hard work, enthusiasm,
and dedication made this endeavor possible.
M-201: Facilities Management
Team Leaders:
Steven Hurwitz, CMCA, AMS, PCAM
Marjorie J. Meyer, CMCA, PCAM
CAI is grateful to the M-201 team members who offered assistance and
shared their sample materials.
Thomas C. Engblom, CMCA, AMS, PCAM
Jo-Ann M. Greenstein, CMCA, AMS, PCAM
Shelly Holland, CMCA, LSM, PCAM
Theodore Nye, CMCA, PCAM
Kathleen R. Smith, LSM, PCAM
DOTZ contributor: Neil Moreland
Instructional Design Consultant: ICF International
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A special thanks is extended to the CAI Presidents Club for their financial
contribution, which helped to support the development and redesign of the
PMDP educational series.
Dennis Abbott, CMCA, AMS, PCAM
Kipcon, Inc.
North Brunswick, NJ
Associa
Glen Allen, VA
Houston, TX
Jeff Hardy
Bruce R. Gran, CMCA, AMS, PCAM
HindmanSanchez, P.C.
Arvada, CO
Craig Huntington
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RTI/Community Management
Associates, Inc. AAMC
McKinney, TX
Barry Minkoff
Criterium Engineers
Portland, ME
John Springthorpe
Rick Hunter
SouthData, Inc.
Mt. Airy, NC
Robin Storey
Jim LaHaise
SmartStreet
Norcross, GA
San Rafael, CA
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Preface
Your Participant Guide is your organizer for this course. The pages for each
of these sectionsFacilities Management and Bidding and Contractingare
organized around a set of basic community association management
objectives. For each objective that we focus on in this course, you have
pages in the workbook that define the information you need to know in order
to perform a skill. Each objective also has activity pages to help you
develop your ability to perform the skill. Pages also have plenty of space for
note taking during discussions.
To make your manager skill development as practical as possible, you will
use materials from sample community associations for each activity. You will
also perform a number of these activities with other community managers in
small and large groups to give you the opportunity to learn from one
anothers experience.
When you return to your job, you will take with you the skill knowledge you
have learned in this course, solutions for some of your associations needs,
samples from other associations, and related CAI publications and reprints
for reference.
Work well and enjoy!
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Table of Contents
Course Introduction ............................................................................................... 4
Module 1: Facilities Management ........................................................................ 1-1
Review of Basic Concepts
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Overview
Time Required
Instructional
Methods
Slides
Guides
CD-ROM
Lecture
Group Discussions
Individual Activities
Instructor Guide
Participant Guide
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Activities
Module 1:
1. Benefits of Effective Facilities Management
2. Overview of Physical Assets Maintained
3. Analyzing and Evaluating Maintenance of a Physical Asset
4. Community Associations Go Green
5. Work Group Exercises
6. Identify Potential Perils
7. Evacuation Plan Requirements
Module 2:
1. Review an Incomplete RFP and Bid Specification
2. Discuss Recruiting Bidders
3. Evaluate Proposals and Prepare a Written Recommendation
4. Analyze a Maintenance Contract for Any Weakness
5. Monitoring and Evaluating Contract Performance
6. Interpreting and Invoking Contract Warranties
Challenges
Knowledge
Checks
Individually
As a group
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Samples
Module 1:
Module 2:
Excerpts &
Reports
Suggested
Materials
Landscape Contractors
Work Order
Evacuation Plan
Disaster Plan
Governing Documents
Additional
Resources &
Readings
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Course Introduction
Self Introduction
Participant Introductions
Ask participants to introduce
themselves:
Name
Years in business
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Instructor Notes
Housekeeping
Ground Rules
Facilities
Breaks
Lunch
PMDP Course
Ask how many participants have
taken one of the PMDP education
courses already.
Adjust your review of the course
materials accordingly.
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Instructor Notes
Course Materials
Participant Guide
Basic Concepts
Activities
Samples
Challenges
Knowledge Checks
Evaluation Form
Course Test
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Course Agenda
Course Introduction
30 min.
4 hours
40 min.
90min.
50 min.
50 min.
4 hours
140 min.
85 min.
5 min.
Course Exam
60 min.
9.5 hours
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Module 1 Agenda
Module Introduction
5 min
Basic Concepts
40 min.
10 min.
15 min.
90 min.
25 min.
15 min.
50 min.
35 min.
50 min.
15 min.
15 min.
Module Summary
5 min.
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Instructor Notes
Introduce the Module 1.
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Instructor Notes
Review the 5 steps in establishing a
maintenance system.
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Instructor Notes
Activity #1: Benefits of Effective
Facilities Management
Purpose: To develop participants
awareness of the various benefits of
effective facilities management.
Directions:
Discussion: Ask for the benefits
of effective facilities management and
record participants answers.
Answers: Be sure the following answers
come out:
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Instructor Notes
Activity #2: Overview of Physical
Assets Maintained
Purpose: To develop participants
awareness of full scope of community
association elements and areas to be
maintained and to familiarize them with
their responsibilities for the individual
components.
Directions:
Discussion: Ask what types of
common property participants are
responsible for maintaining and record
answers. Class will discuss Common Real
Property first (Buildings, Grounds,
Recreational Facilities) and then move
onto Common Personal Property
(Equipment).
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c. Recreational facilities
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Module 1 Introduction
Focus
Learning Objectives
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Instructor Notes
Review the focus and objectives for
Module 1.
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Notes:
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Governance documents
Property inspection
Decision chart
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Instructor Notes
Introduce Lesson 1.
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Plat The developer must record the plat before the community is
established.
If responsibilities are not defined elsewhere, the board should use a policy
resolution.
Look for an index, title, or subtitle that indicates where a description of the
common element or common areas can be found.
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Instructor Notes
Explain where in the governing documents
a community associations responsibilities
for maintaining physical assets are
defined:
Plat
Declaration
CC&Rs
Master Deed
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Regular/schedules
Re-inspect: recent work, problem area, item of high interest (pool gate)
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Instructor Notes
Be sure to cover the following points:
Who should inspect?
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When the manager wants to learn more about a physical component in the
community and depends on the expertise of a contractor to teach him or her.
Contractor can give professional opinion and quote a price at the time of the
inspection.
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Instructor Notes
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Confirm whether
Routine Maintenance
The regular, recurring upkeep that must be done.
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Instructor Notes
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1. Routine Maintenance
The regular, recurring upkeep that must be done.
Examples: cleaning windows, cutting grass
2. Preventive & Environmental Maintenance
Periodic maintenance to
1) avoid disruptive breakdowns,
2) prolong the useful life of the physical asset in question, and
3) reduce the associations carbon footprint by managing utility
consumption efficiently and using alternate energy sources.
Examples: changing oil, belts, and spark plugs
3. Emergency Services Maintenance
Respond to unpredictable problems.
Examples: repair leaking roof, clearing sewer backups
4. Requested or Corrective Maintenance
Maintenance requested by an owner, a tenant, or the board.
Example: request by resident to replace common light fixture thats
broken
or
Maintenance identified during routine inspection of the property.
Example: repair stair treads
5. Scheduled Replacement
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Instructor Notes
If several participants have similar punch lists, form more than one group.
If a person didnt bring any governing documents, pair him or her with
someone who did.
Review the basic instructions for small-group work on the PowerPoint slide.
Review steps #4-7 for Activity #3 and ask if there are any questions.
The purpose of steps #4-7 is to give participants practice in analyzing maintenance
needs and evaluating maintenance programs and management controls.
Tell groups to stay focused on maintenance management and not on discussing
how to do the maintenance.
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Directions:
1. After your instructor has placed you in a small group:
2. Check your governing documents to verify that your community association
is responsible for maintaining the items on your punch list.
3. Choose a leader and a timekeeper for the rest of the steps in this activity.
4. Distribute copies of your inspection checklist to the other members of the
group. Explain how your checklist does or does not indicate the assignment
of maintenance responsibilities in the governing documents.
5. Review one anothers checklists and discuss how the format and content of
each makes the inspection process easy or difficult.
6. Select someones punch list to work on during the remaining steps of the
activity. Determine which of the five types of maintenance is required.
7. Decide whether association employees or a contractor should be used to
perform the maintenance involved. List the reasons for your choice.
8. Prepare the necessary work order.
1. Ask the manager who brought the punch list to explain the
associations maintenance management controls and maintenance
programs, if any.
2. Decide what changes should be made in the associations
maintenance management controls, if any. (See pages 215 and
229 230 in M-100).
3. Decide what changes should be made in the associations programs
for the five different types of maintenance, if any.
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Instructor Notes
Give participants about 15 minutes to do steps #2-4 and post the focus, the
steps, and the allotted amount of time.
Encourage participants who havent already taken brief individual breaks to do so
when it is convenient during their small-group work.
As the groups work, circulate to gather insights and issues to raise during
debriefing.
Offer help only after a group has attempted to help itself first.
Take about 5 minutes to discuss with the class what was learned about
conducting inspections.
Possible comment:
Similar physical plants can have different needs based on resident profile and
desired level of service.
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WORK REQUIREMENTS
CONTRACTOR
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Owner/Tenant Comments:
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roofing,etc.
Another issue to consider when determining how to repair a component is the old adage, If
you always do what you always did, you always get what you always got. If you rebuild a
balcony that has a rotted floor and from which rainwater was penetrating a unit, why rebuild
it with the same reverse slope so it can again fail? Instead, recommend that your board hire
an engineer to evaluate the cause of the failure and redesign the balcony.
Value engineering is a systematic method for a community association to go green by
understanding that the various components of a maintenance program are integrally
connected to each other, and should not be treated as stand-alone parts. Implementing a
value engineering approach will help an association reduce the long-term costs associated
with maintenance, reserves and energy, as well as their environmental footprint on the
earth. Using the value engineering approach will cut energy costs with higher efficiency
equipment and slash maintenance and replacement costs by spending more on better
materials and appropriately funding reserves.
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Instructor Notes
Activity #4: Community Associations
Go Green
Purpose: To develop participants
awareness of the community associations
options for going green.
Directions: Ask participants to read the
Community Associations Go Green article.
Discussion: Take about 10 minutes
to discuss environmental options managers
should consider when maintaining and
repairing common elements.
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Lesson 1: Challenges
1. Find the following hidden words for the five basic maintenance programs:
Routine
Preventive
Emergency
Requested
Scheduled
EDDQEPHSISFT
NICEZHAGWTNO
GSDTLAGYFEOR
OENANUNCEEME
ENDSRWDNWOER
DETSEUQERTME
MRNUEOFGHTNF
ZENITUORSCNK
RELTRSLEFSSP
OIGGVURMEVAB
EVITNEVERPRR
KSQJRSOACIHL
ispyahlc
nutoveiaca
enaitanenmc
eiclatfsii
qsteeur
Answers: 1. physical, 2. evacuation, 3. maintenance, 4. facilities, 5. request
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Lesson 2: Maintenance
Responsibilities
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Time: 50 min
Lesson 2 Objectives.
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Instructor Notes
5 min
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5 min
Maintenance record: While the calendar tells you when maintenance ought
to be done, the record tells you when it actually was done. Sometimes you
can enter the date work was done right on the maintenance calendaras we
suggest for our pool and spa sample.
A separate maintenance record is useful when you contract work out. Use the
records to verify that work was done before you pay any invoices.
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Instructor Notes
Create Controls For Ensuring the Work
is Actually Done
The manager must have methods in place
for controlling the facilities maintenance
program to ensure that the work is
completed properly and in a timely manner.
Methods include maintenance calendar,
maintenance record, inspections and
inspection reports and work order systems.
Inspections and inspection reports:
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Requires attention
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Instructor Notes
Work order systems:
Purpose:
Benefits:
Provides follow up
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5 min
Have your board of directors fill out a report card that addresses your basic
maintenance programs in specific terms.
Nature
Time spent
Money disbursed
Lack of complaints does not necessarily mean that you have a good maintenance
system that is well-implemented. Take steps to obtain feedback.
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Instructor Notes
Evaluating Maintenance Systems and
Efforts
The manager must have methods in
place for evaluating the effectiveness
of the facilities maintenance
program.
Review financial reports on how
funds have been allocated and
expended.
Review all work orders as to the
type of work, time spent, and
costs.
Establish a system to monitor callbacks or repeat work orders.
Establish a system to follow up
with residents on requested
maintenance to ensure that repairs
were timely and were completed to
their satisfaction.
Inspect the maintenance work
performed in the community.
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35 min
We will now participate in a series of work group exercises to help reinforce the
items discussed in this lesson.
Work Group Exercise #1
Prepare a simple preventive maintenance schedule for the year for the air
conditioning and furnace that service the clubhouse and office area. The air
conditioning is electrical and the furnace is powered by natural gas.
Work Space:
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Instructor Notes
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Instructor Notes
Answer to Exercise #3:
Items to be included:
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Instructor Notes
Answer to Exercise #4:
Items to be considered:
Authority: The bylaws give the board the powers
and duties necessary for the administration of the
affairs of the association and allow them to provide
for the operation, care, upkeep, and maintenance of
all property.
Purpose: There is a need to clarify an ambiguous or
unclear provision of the maintenance responsibilities.
Scope: Those owners who have suffered ceiling
damage as a result of roof leaks.
Specifications: The association will repair ceiling
damage and repaint ceilings for those units that
have been damaged as a result of roof failurea
common element for which the association is
responsible. Owners are not allowed to make roof
repairs and could not prevent their ceilings from
being damaged.
Ask students to discuss these additional issues:
What should be the policy on repairs other than
ceilings, such as carpeting or personal property?
Should there be a deadline by which all claims must
be submitted?
Instructor Hints:
1) Consider sharing the cost the association pays
for the repair, the owner pays for the paint.
2) Consider including a requirement that the owner
report the leak within 30 days of occurrence
(renters sometimes take months to report a
problem to the owner, and the damage could
have been greatly mitigated if the association
was alerted to the problem as soon as it
occurred).
3) The board should understand that repairing
ceilings/sheetrock damaged by roof leaks
requires an increase in the budget for that
component.
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Instructor Notes
Answer to Exercise #5:
Items to be included:
Begin roof replacement work
120 days before work begins:
Seek out engineers.
90 days before work begins:
Board decision on an engineer.
60 days before work begins: RFP
to roof contractors.
30 days before work begins:
Board decision on a contractor.
15 days before work begins:
Finalize contract. Advise residents.
Timelines will vary based upon the
community and the size of the job.
However, the emphasis needs to be on
the planning and preparatory aspects of
a major project such as this. Managers
must understand that they cannot get a
successful roofing project underway or
completed in a brief period of time. They
should allow 90 to 120 days for
planning, bidding, deciding, and
preparing for the work to be done.
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Notes
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The three primary goals of facilities management involve more than maintenance
of the physical assets. The three goals are:
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Instructor Notes
Restate Lesson 3 objectives.
Hurricanes
Floods
Earthquakes
Ice storms
Riots
Terrorism
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Instructor Notes
Identify the Basic Elements for a
Disaster Plan
To plan for a disaster, a manager must be
able to identify the basic elements to plan
for.
Ask participants to take out their
copies of Natural Disasters and review the
key item on page 4.
Remind them that the Natural Disaster
discusses the necessary elements of a
comprehensive plan and includes a
Disaster Plan outline.
Refer to Happy Land Disaster Plan.
Review questions you should consider
when developing a Disaster Plan (located
on page 2 of the Natural Disasters).
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Instructor Notes
Activity #6: Identify Potential Perils
Purpose: To get participants to think
about potential perils that may affect their
community.
Activity: Participants to list the perils that
could affect their associations.
Directions:
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Most Frequent
Exposure
Average Exposure
Infrequent Exposure
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Instructor Notes
Ask participants to turn to the Happy Land Disaster Plan
Ask participants to skim through the pages of the sample disaster plan, noting the
different sections and the completeness of the packet.
Note that this particular plan uses a policy resolution format, which is one type of
format to use.
Ask participants what implications they draw for their associations as they look at
the sample.
Encourage people to focus on their own associations, not the one in the sample.
Circulate copies of any additional sample disaster plans while the class moves on to the
next topic.
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Phone: _______________
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UNIT
PHONE
_____________________________________________________________
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In the event of a disaster, the first action should be to direct emergency medical
assistance to any residents in need.
II. SURVEY PROPERTY
Following a storm or other disaster, the Authorized Person(s) will coordinate a survey
of the property with Management to determine the extent of damage and authorize
emergency services required to secure the property and prevent further damages.
The Association shall, upon approval of this Disaster Plan, provide copy of all available
building plans to a designated engineer, who shall maintain such building plans in a
location other than Happy Land Condominium for immediate access in event of
emergency.
III. ESTABLISH LINES OF COMMUNICATION
The Board of Directors shall appoint or retain the services of an Emergency
Coordinator, whose primary residence or place of business is inland from any
anticipated Hurricane or tropical storm event, for the purpose of coordinating
communications between members of the Board of Directors following a disaster.
The Authorized Person(s), upon implementation of the Disaster Plan, shall immediately
contact the Emergency Coordinator, who shall, in turn, immediately contact all
Directors and Officers of the Corporation.
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TO:
FROM:
DATE:
SUBJ:
All Residents
Ima Ready, Community Association Manager
March 16, 20XX
Hurricane Preparedness
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All Employees
Happy Land Condominium Association, Inc.
RE:
Disaster Preparedness
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Name
Address
Phone Number
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Insurance Agent
Attorney
Accountant
Engineer
Sterling Engineers
Address:
Phone:
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VENDOR
PHONE
Air-Conditioning:
Aluminum:
Appliance:
Answering Service:
Beach Grading:
Electric:
Elevator:
Fire Alarm:
Fire Alarm Monitor:
Fire/Water Restore:
General Maintenance:
Generator Fuel:
Generator:
Grounds:
Hauling:
Pest Control:
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SERVICE
VENDOR
PHONE
Plumbing:
Pool:
Pool Heater:
Roof:
Security Services:
Security Systems:
Signs:
Temporary Services:
Towing:
Trash Disposal:
Tree Service:
Utilities:
Window/Glass:
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Evacuation Routes
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Instructor Notes
Evacuation Planning
Transition from disaster planning to
evacuation planning.
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Instructor Notes
Activity #7: Evacuation Plan
Requirements
Activity: Participants identify evacuation
plan requirements for own community
association.
Directions:
Ask participants to brainstorm
resident-to-resident communication
because of the strong possibility that
management may not be on site at
the time of the evacuation or
unavailable by telephone.
Preparation of an evacuation plan is
another excellent assignment for a
committee of volunteers.
Conclusion: Conclude the discussion of
disaster and evacuation planning.
Summarize the main points that came
out in discussion.
Deliver a persuasive message about
the importance of developing both
types of plans for community
associations.
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REQUIREMENTS
COMMUNITY ASSOCIATION
NEEDS
By phone:
If phone inoperative:
Alternative methods of
communication
on site:
Evacuation routes:
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Focus
How to recognize basic community association maintenance needs and provide
for adequate maintenance of the association physical assets.
Learning Objectives
2.
3.
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Instructor Notes
Summary
Announce that the class has come to the
end of Module 1.
Use the focus and objectives for Module 1
to summarize what participants
accomplished in this module of the course.
Knowledge Checks
Encourage participants to complete the
knowledge check in their guides if they
havent already.
Discussion Questions
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Notes:
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Module 2 Agenda
Module Introduction
5 min
140 min.
50 min.
30 min.
60 min.
85 min.
30 min.
30 min.
20 min.
Module Summary
5 min.
Course Summary
5 min.
4 hours
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Module 2 Introduction
Focus
Learning Objectives
Recruit bidders.
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Notes:
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Module 2 Introduction
Transition from Module 1 to Module 2.
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Notes:
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Recruit bidders
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Instructor Notes
Restate Lesson 1 objectives.
Introduce the section on RFPs and bid
specifications.
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Instructor Notes
Activity #1: RFP & Bid Specifications
Purpose: To review an incomplete RFP and
set of bid specifications as a way to
strengthen the ability to prepare both.
Activity: Small groups review an RFP and
bid specification for maintenance of
common element or common area.
Directions:
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Instructor Notes
Give the participants about 15 minutes
to do the activity and post the focus, steps,
and allotted amount of time.
As the small groups work, circulate to be
sure people are focusing on preparation of
RFPs and not on strictly maintenance
issues.
When people are done, ask the
recorder from each group to:
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STEPS
1. Choose a leader, a timekeeper, and a recorder.
2. Review the incomplete RFP and bid specifications.
3. Identify any changes that must be made.
4. Decide why each change is necessary.
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blowing.
2. Remove oil and grease deposits by scraping and scrubbing with compatible
shape to neat even lines; install new aggregate base; install and compact
new asphalt.
4. Protect all utility covers from seal by oiling or other means prior to sealing.
instructions.
6. Prevent excessive buildup or unsightly appearance.
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equipment.
8. Do not apply materials if weather is rainy, if temperature is below 45
10. After the paving and seal coat is completed, restripe the parking lots in the
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Sq. yds.
Gravel Court
16,000
Aggregate Court
3,400
Seal coat
Bldgs. 10, 11, 12, 13
Concrete Drive
9,000
asphalt repair
$____________
Gravel Court
seal coat
$____________
Aggregate Court
seal coat
$____________
Concrete Drive
asphalt repair
$____________
Concrete Drive
seal coat
$____________
BID TOTAL:
INSURANCE:
$____________
Attach Certificate of Insurance to bid
Attach list of references to bid
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SCOPE OF WORK
Work shall include all labor, materials, equipment, supplies, and services required
for the maintenance of trees, shrubs, ground covers, annuals, lawns, and irrigation
systems. Services included shall be as follows:
Mowing, edging, and trimming of lawn areas and ground covers
Pruning and trimming of plant materials
Cultivating tree basins and maintaining shrub beds
Applying fertilizers, insecticides, fungicides, and herbicides
Installing and maintaining annual color beds
Monitoring, adjusting, and minor repairing of irrigation systems
Collecting and removing debris
Controlling weeds in cul-de-sac pavestone
* Private courtyards shall be maintained by the individual home owners.
* The Contractor shall be responsible for the installation of annual color beds in the
common areas only and shall not be responsible for those installed by individual
home owners.
GENERAL INSTRUCTIONS
The Contractor shall follow accepted horticultural practices to keep the property
attractive and clean in appearance and maintain all plant materials and lawns in a
healthy and vigorous condition. All work shall be performed in a professional
manner, using quality equipment, methods, and materials, all of which must be
maintained and operated with the highest standards.
CONTRACTORS PERFORMANCE
The Contractor shall perform all work required once per week or as often as
required during the Monday through Friday time frame to fulfill the spirit and intent
of the contract.
The workers shall be neat in appearance, wear a standard shirt or uniform that
identifies the Contractor, perform their work in a professional manner, keep noise
to a minimum, and stage their work from a location on site out of the way of the
mainstream of the users. In general, the Contractors presence on the site shall be
as inconspicuous as possible.
NEGLECT AND VANDALISM
Turf, trees, or plants that are damaged or killed due to the Contractors operations,
negligence, or chemicals shall be replaced at no expense to the Association. No
charges will be made for damages caused by conditions beyond the Contractors
control. Irrigation equipment that is damaged due to the Contractors operations
must be replaced or repaired by the Contractor promptly.
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siding.
2. Not prime or paint gutters or down spouts.
3. Clean primer and paint from all adjacent surfaces.
WORK SPECIFICATIONS
1. Work shall be performed Monday through Friday between the hours of 8 A.M.
and 5 P.M.
2. Contractor shall furnish qualified supervision to oversee all work.
3. All work shall be performed by properly trained and qualified personnel.
4. All personnel shall conduct their work in a professional manner, with minimal
disturbance to others.
5. All personnel shall comply with the posted community rules and regulations
while on site.
No personnel shall discard refuse, except in suitable refuse containers.
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Blacksburg, TN 11114. Payment will be sent within ten days of billing receipt.
2. Contractor agrees that the property manager may withhold payment to when
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$________
AGREED: ____________________________________
DATE: ______________ Contractor
AGREED: ____________________________________
DATE: ______________ Manager
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AGREED: _____________________________________
Manager
DATE: ______________
AGREED: _____________________________________
Contractor
DATE: ______________
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PAINTING
Does not specify:
Preparation work
How many coats of paint
How paint should be applied
No insurance requirement
No warranty requirement
No request for references
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No personnel qualifications 65
No supervision requirements
No contact for questions regarding RFP
Does not specify where to submit bid
Prices for sanding do not specify whether both labor and materials
are included
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Instructor Notes
Recruiting Bidders
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Instructor Notes
Activity #2: Discuss Recruiting Bidders
Purpose: Identify the pros and cons of
obtaining referrals.
Activity: Class discusses recruiting bidders
Directions:
Discuss the pros and cons of obtaining
referrals from the different sources
suggested in M-100 and Bids & Contract.
Answers: Be sure to cover the following
points:
over-identifying management
with the contractor.
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Instructor Notes
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Instructor Notes
Ask participants to review the eight
strategies for avoiding problem contractors.
Continue the discussion on recruiting
bidders.
Call attention to the fact that problem
contractors do not meet many of the same
work requirements listed on the decision
chart for choosing between association staff
and a contractor on page 2-37 in their
guide.
Ask for strategies to add.
If time allows, ask participants if they have
heard about or have had any problem with
a contractor that they would like class to
strategize solutions for.
Conclusion: Conclude Activity #2 by
summarizing the main points of the
discussion.
Review Bid Proposals and work with a
board to select a Bidder
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Instructors Notes
Ask participants to review the Eight Steps
in evaluating bids.
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adequate supervision
adequate equipment
availability
proximity
Reasonable price.
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Instructor Notes
Activity #3: Evaluate Proposals and
Prepare a Written Recommendation
Purpose: To evaluate a set of maintenance
proposals and prepare a written
recommendation to the board.
Activity: Small groups evaluate a set of
maintenance bid proposals and prepare a
written recommendation.
Directions:
Reassign participants to new small groups
of five.
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Instructor Notes
Review the slide that contains background information on Green lawn Master
Homeowners.
Explain that each group will put its recommendation in writing because
bidder recommendations typically appear in the written management report.
Give the participants about 20 minutes to do the activity and post the steps
and the allotted amount of time.
When people are done, ask the recorder for each group which bidder it
recommends and why.
See page 1-51 and 1-52 in this guide for suggested reason for selecting each bidder
or not.
If more than one group recommends the same bidder, ask if a group has a
rationale for their selection that differs from the previous rationale(s) given.
If a group recommends a bidder other than the one we do, accept the
recommendation if the reasons given are sound.
Comment on how each group presented its recommendation in writing. Bid
comparison chart for board decision-making:
Summarizes information.
Provides a comparison.
Briefly raise the issue of how to respond when a board unexpectedly asks for a
recommendation.
Ask who does and who does not make a recommendation under these
circumstancesand the reasons why.
Possible reasons for refusing:
1. Board may ask for information not contained in bids.
2. If a committee is involved, there is the possibility of undermining it.
3. Why has a committee if management is going to make the recommendation
anyway?
4. Management may be perceived as getting a kickback from the contractor.
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Instructor Notes
Ask those who make a recommendation under these circumstances what
precautions they take, if any.
Possible precautions:
List the known facts and let the board draw its own conclusions.
Clearly list the strengths and limitations of all qualified bidders so any
differences are apparent.
If a board tries to delay by asking for additional information, ask how the
information will affect its decision.
This can help a board see that it has enough information to make a decision
now.
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260 lots with single family homes in price range of $250,000 and up
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Activity
Amount
1.
Lawn maintenance
$7,000
2.
$1,000
3.
$500
4.
5.
Fertilizer
$500
6.
$700
7.
$500
$2,500
$12,700
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No references submitted.
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Activity
Amount
1.
Lawn maintenance
2.
3.
$11,975.00
$3,635.00
$750.00
4.
$2,270.00
5.
Fertilizer
$1,995.00
6.
$1,470.00
7.
$2,500.00
$24,595.00
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Base Bid:
The bidder proposes to furnish all labor, material, equipment, and services required
to perform the work described in the specifications to include services as needed for
at least a one-year period.
Item No.
Activity
Amount
1.
Lawn maintenance
2.
3.
$13,100.00
$4,200.00
$900.00
4.
$2,700.00
5.
Fertilizer
$2,400.00
6.
$1,800.00
7.
$3,600.00
$28,700.00
Company History
Certificate of Insurance
List of References
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Activity
Amount
1.
Lawn maintenance
2.
3.
$12,500.00
$3,000.00
$1,100.00
4.
$2,450.00
5.
Fertilizer
$2,210.00
6.
$1,450.00
7.
$2,200.00
$24,410.00
Company History
References
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Heardon Landscaping
Jack Heardon
482-9333
Route 3, Flatrock, TX 75303
Base Bid:
The bidder proposes to furnish all labor, material, equipment, and services required
to perform the work described in the specifications to include services as needed for
at least a one-year period.
Item No.
Activity
Amount
1.
Lawn maintenance
$9,200.00
2.
$1,500.00
3.
$995.00
4.
$3,100.00
5.
Fertilizer
6.
7.
$900.00
$17,395.00
$800.00
$1,100.00
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Excellent credentials
Knowledge
Excellent references
Community planning expertise will provide knowledge source for
problems
Community association experience
Price 10.8% lower than other acceptable contractor
Professional punch list of property shows detail and expertise
Professional proposal
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No experience
No contractsmay not make it as a business
Equipment??
Bid is too lowcant provide the services and supplies at that cost
Poor references
Communication problems
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Lawn
Tree
Color
Insecticides
Fertilizer
Irrigation
Trash
Total
Community
$13,100
$4,200
$900
$2,700
$2,400
$1,800
$3,600
$28,700
Designers
$11,975
$3,635
$750
$2,270
$1,995
$1,470
$2,500
$24,595
Heardon
$9,200
$1,500
$995
$3,100
$800
$1,100
$900
$17,395
Natures
$7,000
$1,000
$500
$2,500
$500
$700
$500
$12,700
Professional
$12,500
$3,000
$1,100
$2,450
$2,210
$1,450
$2,200
$24,910
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Instructor Notes
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Instructor Notes
Activity #4: Analyze a Maintenance
Contract for Any Weaknesses
Purpose: To develop the ability to check a
contract for all necessary elements.
Activity: Participants analyze a
maintenance contract for any weaknesses.
Directions:
Ask participants to turn to the complete
landscaping RFP and the bid proposal from
Designers and Landscaper, Inc. that they
looked at before the break.
Review the steps in the activity.
Give participant about 15 minutes to do the
activity and post the steps and the allotted
amount of time.
When participants are done, ask
individuals to identify weaknesses in the
contract. Write them on the flip chart.
Ask each individual to briefly explain why a
particular clause or phrase needs to be
changed.
Review contract weaknesses:
Incomplete identification of
association and contractor because
addresses are missing
No restriction on subcontractors
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Instructor Notes
Review contract weaknesses (cont.)
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No restriction on subcontractors
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General ContractSample
THIS CONTRACT, entered into by and between ___________________________
located at (Street)________________________________________________
(City) _____________________ (State) _____________ (ZIP) __________ ,
phone _____________, hereinafter referred to as Contractor, and Association
_________________________________________, hereinafter referred to as
Owner, a (State) ______________ non-profit corporation managed by
_________________________, located at (Street) _________________________,
(City) ____________________, (State) ________ (ZIP) ____________,
hereinafter referred to as Agent. The work to be performed is located at
___________________________________________ , herein after referred to as
Job Site or Premises.
In consideration of the covenants and agreements set out herein and the payments
provided for herein, Owner and Contractor agree as follows:
A.
WORK SPECIFICATIONS
1.
2.
Terms
2.01. Unless canceled or renewed pursuant to paragraphs 2.02 or 2.03
below, this Agreement, shall be in effect for a term of _______________
commencing ___________________.
2.02. Termination by either party. Notwithstanding any other provision of
this Agreement (including Section 2.03) for the convenience of the parties,
this Agreement may be terminated by either party by giving written notice of
termination at least thirty (30) days in advance of date of termination.
2.03. Renewal. This Agreement will automatically renew for additional oneyear term unless one party has given the other party written notice of its
election not to renew this Agreement at least thirty (30) days before the end
of the current term.
3.
Hours of Work
3.01. Work shall be performed Monday through Friday between the hours of
8:00 A.M. and 6:00 P.M.
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General ContractSample
4.
Clean Up
4.01. The contractor shall remove all debris generated from the work
performed each visit.
4.02. If a dispute arises between contractor and separate contractors as to
their responsibility for cleaning up as required herein, Owner may clean up
and charge the cost thereto to the contractor responsible therefore as
determined by Owner.
B.
CONTRACT AMOUNT
5.01. Price
Owner shall pay Contractor
________________________________________
per ____________, including all applicable taxes, for the work described
herein. This contract price shall be for a turn-key project; all costs related
to the undertaking and completion of this work shall be for the above fee,
unless specified as follows:
C.
PAYMENT PROCEDURE
6.01. Payment will be made (at the end of the month for services rendered
during the same month, upon original invoice from Contractor).
D.
TERMINATION OF WORK
7.01. Termination by Owner
If the contractor defaults or persistently fails or neglects to carry out the
work in accordance with the contract documents or fails to perform any
provision of the contract, the owner, after five days written notice to the
contractor and without prejudice to any other remedy it may have, may
make good such deficiencies and may deduct the cost thereof from the
payment then or thereafter due the contractor or, at its option, may
terminate the contract and take possession of the site and may finish the
work by whatever method it may deem expedient, and if the unpaid balance
of the Contract Sum exceeds the expense of finishing the work, such excess
shall be paid to the contractor, but if such expense exceeds such unpaid
balance, the contractor shall pay the difference to the owner.
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General ContractSample
7.02. Contractor Default
If the contractor defaults or neglects to carry out the work as specified herein
and fails within seven days after receipt of written notice from Owner to
commence and continue correction of such default or neglect with diligence
and promptness, the Owner may, without prejudice to any other remedy he
may have at law and equity, make good such deficiencies. In such case an
appropriate change order shall be issued deducting from the payments then
or thereafter-due contractor the cost of correcting such deficiencies, including
compensation for any consultants service made necessary by such defaults,
neglect or failure and such attorneys fees as required. If payments then or
thereafter due Contractor are not sufficient to cover such amount, Contractor
shall pay the difference to Owner. Should such a default or neglect occur,
Owner may, at that point, terminate the contract with Contractor and select
another, without penalty.
E.
F.
Verification of Specifications
9.01. It is not the responsibility of the Contractor to make certain that the
specifications attached hereto are in accordance with applicable laws,
statutes, building codes, and regulations. If Contractor observes that any of
the specifications are at variance therewith in any respect, he shall promptly
notify Owner in writing, and any necessary changes shall be accomplished by
appropriate modification.
9.02. If Contractor performs any work knowing it to be contrary to such
laws, ordinances, rules, and regulations, and without providing such notice to
Owner, he shall assume full responsibility therefore and shall bear all costs
attributable thereto.
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General ContractSample
9.03. Owner will not be required to make exhaustive or continuous onsite
inspections to check the quality or quantity of the Work. The Owner will not
have control or charge of and will not be responsible for construction means,
methods, techniques, sequences or procedures, or for the safety precautions
and programs in connection with the Work, and will not be responsible for
the Contractors failure to carry out the Work in accordance with the Contract
Documents.
9.04. Manufacturers Specifications
Contractor shall comply with all manufacturers labels and directions for use.
G.
LIENS
10.01. Contractor agrees to pay off and satisfy all claims for labor employed
or used by it in connection with the work performed hereunder, and to permit
no liens of any kind to be affixed upon or against the property of Owner by
Contractors laborers or suppliers and agrees to indemnify, protect and save
Owner and Agent harmless from and against all such claims and liens.
H.
I.
J.
INDEPENDENT CONTRACTOR
13.01. Contractor acknowledges, affirms and agrees that he is not an
employee of the Owner, nor is he a borrowed employee or borrowed servant
of the Owner. In this connection, Contractor acknowledges that while the
Company may direct the work to be performed,
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General ContractSample
Contractor retains the absolute right to control the details of the performance
of the work and how such work shall be accomplished. It is the express
intent of Contractor to acknowledge that in fact he is an independent
contractor, is not an employee and that he at no time shall seek to make any
claims to be an employee or as an employee, specifically, any claim for
compensation or any other benefits under the workers compensation
statutes of Texas.
13.02. Contractor expressly acknowledges that his contractual relationship
with the Owner is dependent upon his assertion and acknowledgment that he
is not an employee and he recognizes that the Owner would not otherwise
have entered into any contractual relationship with Contractor, but for his
acknowledgment that he is not an employee.
K.
L.
SUBCONTRACTORS
15.01. A subcontractor is a person or entity who has a direct contract with
the Contractor to perform any of the Work at the site. Contractor shall
procure Owners prior written approval to subcontract any portion of the
work described herein.
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M.
INSURANCE
16.01.Contractor agrees to maintain and require its subcontractors to
maintain at all times the following coverages at no less than the limits
indicated:
Workers Compensation
Statutory
Employers Liability
$100,000
Property Damage
each occurrence
$ 1,000,000
annual aggregate
self-insured retention
25,000
with companies acceptable to Agent and Owner and must stipulate that no take-out
endorsements are included on the General Liability policy. Each policy providing
coverage hereunder shall contain provisions that no cancellation or material reduction in
coverage in the policy shall become effective except upon thirty (30) days prior written
notice thereof to Agent and Owner. Agent and Owner shall be named as an additional
insured with respect to liability imposed upon resulting from the performance of work
under this contract. There shall be no right of subrogation against Agent and Owner, and
this waiver of subrogation shall be endorsed upon the policies.
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General ContractSample
16.03.Prior to the commencement of performance of work, Contractor shall
furnish certificates to Agent and Owner, evidencing compliance with all
requirements herein. The limits of such insurance shall in no way be
construed as limiting Contractors obligation to completely defend, indemnify
and hold harmless Agent and Owner.
N.
INDEMNIFICATION
17.03. To the fullest extent permitted by law, the Contractor shall indemnify,
and hold harmless the Owner and their agents and employees from and
against all claims, damages, losses, and expenses, including but not limited
to attorneys fees arising out of or resulting from the performance of the
work, provided that any such claim, damage, loss or expense (1) is
attributed to bodily injury, sickness, disease or death, or to injury to or
destruction of tangible property (other than the work itself) including the lose
of use resulting there from, and (2) is caused in whole or part by any
negligent act or omission of the contractor, any sub-contractor, anyone
directly or indirectly employed by any of them or anyone for whose act of
them may be liable, regardless of weather or not it is caused in part by a
party indemnified hereunder. Such obligation shall not be construed to
negate, abridge, or otherwise reduce any other right or obligation of
indemnity which would otherwise exist as to any part of persons described in
this paragraph 26. In any claims against the owner or any of their agents or
employees by any employee of the contractor, any Subcontractor, anyone
directly or indirectly employed by any of them or anyone for whose acts any
of them may be liable, the indemnification obligation under this paragraph 26
shall not be limited in any way by any limitation on the amount or type of
damages, compensation or benefits payable by or for the Contractor or any
Subcontractors under workers or workmens compensation acts, disability
benefits acts or other employee benefit acts. The indemnity provided for in
this paragraph shall have no obligation to any claim, liability, or cause of
action resulting from the sole negligence of Agent and Owner.
O.
ASSIGNMENT
18.01. Contractor shall not assign this Contract without prior written consent
of the owner.
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P.
CONFLICT RESOLUTION
19.01. In the event of a disagreement on the withholding of payment, the
assessment of damages, or any other matter arising out of this Contract,
Contractor and Owner shall utilize whatever legal recourse available,
including binding arbitration, to resolve the dispute. Attorney fees and
related costs will be awarded to the prevailing party.
Q.
WARRANTY
20.01. Contractor expressly warrants that he shall be responsible for abiding
by all applicable codes, regulations, standards, etc. which may be required of
him by all applicable local, state and federal jurisdictions and their respective
agencies, offices, bureaus and other administrative/regulatory entities.
20.02. Contractor agrees that he shall be liable to Owner for actual damages
requiring replacement or repair of property, materials or services caused by
this damage or destruction of Owners or individual resident(s)s property.
R.
ENVIRONMENTAL RISKS
21.01. Covenants, Representations and Warranties of Contractor
Contractor covenants, represents and warrants that no toxic or hazardous
substances, including without limitation, asbestos or any substance
containing asbestos and deemed hazardous under any Hazardous Materials
Law (defined below), the group of organic compounds known as
polychlorinated biphenyls, flammable explosives, radioactive materials,
chemicals known to cause cancer or reproductive toxicity, pollutants,
effluents, contaminants, emissions, or related materials and any item
included in the definition of hazardous or toxic waste, materials or
substances(Hazardous Material)under any law relating to environmental
conditions and industries hygiene, including without limitation, the Resource
Conservation and Recovery Act of 1976 (RCRA), 42 U.S.C. Sec. 6901 et
seq., the Comprehensive Environmental Response, Compensation and
Liability Act of 1980 (CERCLA), 42 U.S.C. Sec. 9601-9657, as amended by
the Superfund Amendments and Reauthorization Act of 1986 (SARA),
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the Hazardous Materials Transportation Act, 49 U.S.C. Sec. 6901, et seq., the
Federal Water Pollution Control Act, 33 U.S.C. Sec. 1251 et seq., the Clean
Air Act, 42 U.S.C. Sec. 741 et seq., the Clean Water Act, 33 U.S.C. Sec.
7401, et seq., the Toxic Substance Control Act, 15 U.S.C. Sec. 2601-2629,
the Safe Drinking Water Act, 42 U.S.C. Sec. 300f-300j, and all similar
federal, state and local environmental statutes, ordinances, and the
regulations, orders, decrees now or hereafter promulgated there under
(collectively the Hazardous Material Law) will be installed, used, generated,
manufactured, treated, handled, refined, produced, processed, stored or
disposed of, in completing the improvements set out in this agreement.
24.02. Contractor hereby agrees unconditionally to indemnify, defend and
hold Owner harmless against any (i) loss, liability, damage, expense or claim
arising from the imposition or recording of a lien, the incurring of costs of
required repairs, clean up or detoxification and removal under any Hazardous
Material Law (as defined above with respect to the Property or liability to any
third party in connection with any violation of a Hazardous Material Law), (ii)
other loss, liability, damage, expense or claim which may be incurred by or
asserted against Owner directly or indirectly resulting from the presence on
or under, or the discharge, emission or release from the Property into or
upon the land, atmosphere, or any watercourse body of surface or
subsurface water or wetland, arising from the installation, use, generation,
manufacture, treatment, handling, refining, production, processing, storage,
removal, clean up or disposal of any Hazardous Material placed upon or
installed by the Contractor.
24.03. Contractor shall pay when due any judgments or claims for damages,
penalties or otherwise against Owner, and shall assume the burden and
expense of defending all suits, administrative proceedings and resolutions of
any description with all persons, political subdivisions or government
agencies arising out of the occurrence set forth in this Agreement. In the
event that such payment is not made, Owner, at its sole discretion, may
proceed to file suit against Contractor to compel such payment.
24.04. The terms of this Article Q only apply to persons under the direct
supervision and/or control of Contractor and shall include without limitation
all suppliers and subcontractors of Contractor.
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CONTRACTOR: _______________________
OWNER: _____________
By: ________________________________
By: _________________
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What to monitor
When to monitor
How to monitor
Definition of warranty
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Instructor Notes
Review Enforcing Contract Provisions.
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Instructor Notes
Activity #5: Monitoring and Evaluating
Contract Performance
Purpose: To identify ways to effectively
monitor and evaluate contract
performance.
Activity: Class discussion monitoring and
evaluating contract performance.
Directions:
What is done
Material storage
When to monitor
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What to monitor
When to monitor
How to monitor
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Inspect at the end of one step or stage before the next one is begun
How to monitor
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Instructor Notes
Transition to Interpreting and Invoking
Contract Warranties.
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Instructor Notes
Activity #6: Interpreting and Invoking Contract Warranties
When monitoring and evaluating contract performance, it may be necessary to
interpret and invoke contract warranties.
Purpose: To identify ways to effectively interpret and invoke contract warranties.
Activity:
Class discusses interpreting and invoking contract warranties.
Directions:
If you think its helpful, enter participants ideas on a flip chart while they
enter the ideas on their own sheets.
Materials
Parts
Labor
Be reasonable in expectations
When work or product doesnt hold up within the given time frame
Go with your expectations and the boards; you probably will not reach
consensus among all homeowners
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Focus
Learning Objectives
Recruit bidders.
Check Description
1. Bid is very low
9
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Instructor Notes
Summary
Announce that the class has come to the
end of Module 2.
Review the focus and objectives for
Module 2 to summarize what participants
accomplished in this module of the course.
Include some comments that reflect the
class experience.
Explain that the Natural Disaster is takehome material.
Discussion Questions
Additional Resources
Invite the participants to share with the class
other resources they use. Also, invite the
participants to submit their own resources for
posting to the new CAI website.
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Instructor Notes
Distribute course evaluation forms and
collect them before participants leave.
Course Exam
Provide participants information on the Course
Exam.
45 multiple-choice questions
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Contact CAI
Provide participants the contact information for
CAI.
Thank You
Thank participants for participating in the
course.
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Notes:
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Additional Resources
Additional Resources
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Additional Resources
Sample #1: Midtown Lofts Condominium Maintenance Responsibilities (Exhibit B to the Bylaws)
I
ITEMS
Parking Spaces.
Storage Spaces (if any).
Refuse collection system.
Grounds, including all paved
areas and other
improvements thereon lying
outside the main walls of
the building and all
underground utility
systems.
Building, exterior roof,
exterior vertical walls,
foundation.
Windows.
Doors, main entry to units.
Screens (windows).
II
COMMON ELEMENTS UNDER
ASSOCIATION
RESPONSIBILITY
III
LIMITED COMMON ELEMENTS
UNDER ASSOCIATION
RESPONSIBILITY
IV
UNIT COMPONENTS UNDER
ASSOCIATION
RESPONSIBILITY
V
CERTAIN OTHER
COMPONENTS UNDER UNIT
OWNERS RESPONSIBILITY
WITHOUT RESPECT TO
OWNERSHIP OF THE
COMPONENT
All portions within a unit
including fixtures & appliances
attached thereto. Water damage
to a unit, when the primary
source of such problem is
through the negligence of the
occupants of that unit.
N/A
N/A
N/A
Routine cleaning.
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
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Samples
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3. List key factors for choosing between association staff and contracting
out: (see Decision Chart on page 237 of M-100 excerpt)
1. ______________________________________________________
2. ______________________________________________________
3. ______________________________________________________
4. ______________________________________________________
5. ______________________________________________________
6. ______________________________________________________
7. ______________________________________________________
8. ______________________________________________________
9. ______________________________________________________
10.___________________________________________________
11.___________________________________________________
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Samples
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2009 Community Associations Institute
Samples