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Tarrant County Facilities Management Payment Procedures for Construction Management Contracts

Tarrant County Facilities Management ("Facilities") will make every effort to process payments in a timely manner. In order to accomplish this, we request that the Construction Manager adhere to the following procedures. 1. ALL APPLICATIONS FOR PAYMENTS MUST INCLUDE THE TARRANT COUNTY PURCHASE ORDER NUMBER. [ NO EXCEPTIONS ] 2. The Construction Manager will work in conjunction with the Architect in developing dates for review of draft pay applications and submission of final pay applications to the Architect. Progress payments will be reviewed and certified by the Architect; it will then be reviewed by Facilities representatives and forwarded to Tarrant County Auditor for required approval. Then, Commissioners Court will approve all payments. Not more than 30 days after Facilities receives an accurate Application for Payment Tarrant County will issue payment. The attached flow diagram (Attachment "A") illustrates the minimum timeframe required in order to process payments within a 30 day period. 3. All Applications for Payments must be submitted in triplicate on AIA Form G702 and AIA G703 Continuation Sheet and must be notarized and executed by a person authorized to sign legal documents on behalf of Construction Manager. A transmittal cover letter should be addressed to the Facilities Management Project Manager and include the project name, purchase order number, application for payment number, period ending date and total amount requested (see Attachment "B" for Cover letter, G702 & G703 examples). 4. Schedule of Values Format: a. Construction Manager's General Conditions, Construction Phase Services, and Fee, should be listed first on the Schedule of Values (also list Bonds and Insurance if not included in General Conditions). b. For Trade Contractors Cost of the Work, utilize the Table of Contents of the Project Manual. Identify each line item with specification number, bid package number, title of specification, and name of trade contractor. (Example: Item: 06400, BP-6A Millwork, A-1 Millwork Company). Sub-total each trade contractors bid package with the grand total equaling the GMP. 5. Round amounts to nearest whole dollar; total shall equal the Contract Sum. 6. A copy of each Trade Contractor's progress billing, as approved by the Architect, will be included as supporting documentation. 7. The Application for Payment should be submitted in the following order: 1) Cover Letter, 2) AIA G702 Application for Payment, 3) AIA G703 Continuation Sheet, 4) copies of Trade Contractor billings in same order as continuation sheet, 5) Schedule "A" list of General Conditions, 6) backup of invoices for General Conditions, 7) Schedule "B" Fee Schedule. 8. List General Conditions as a single line item on the Schedule of Values; including a separate schedule (see Schedule "A") with a line item detail listing each invoice number, description, and amount being billed for that period. Include a copy of each invoice in support of payment. 9. List Construction Management Services on the Schedule of Values as two line items. The first line item indicates 15% to be paid upon jobsite mobilization. The second line item lists the balance being paid monthly at the same percentage of the completion percentage is for the Cost of Work. Construction Management Services includes wages of supervisory and administrative personnel when stationed at the site, and regional or home office employees performing the functions of construction supervision.

10. List the Construction Management Fee on the Schedule of Values as a separate line item, but include a separate fee schedule (see Schedule "B") specifying the percentage of completion. Fee to be calculated per Agreement between Owner and Construction Manager. 11. List each Change Order on the Schedule of Values as a separate line item including: a. Change Order number, b. PCR number, and c. Description of work. 12. Any use of Construction Contingency requires prior approval of Tarrant County Commissioners Court. Construction Manager will submit a Budget Reallocation request form (Attachment "B") to the Project Manager for approval by Commissioners Court. Budget Reallocations will be listed on the Schedule of Values in the same manner as Change Orders. 13. To receive payment for materials stored at a location other than the project site, Trade Contractor must submit documentation as specified in Tarrant County Requirements for Stored Materials (Attachment "D"). 14. The County will withhold from each payment for Cost of Work and CM Fee (5%) as Retainage. The General Conditions and Construction Phase Services costs will not be subject to Retainage. 15. The following activities must be received in order to process Applications for Payment in a timely manner: a. Updated Project Critical Path This Month and 3 Month Look Ahead (Attachment "E"); b. Updated Submittal Log; c. Updated RFI Log; d. Updated Proposal Request Log; e. Copies of Daily Reports, and f. Weather Delays. If there were no delays for the month, please also provide. 16. Each Application for Payment will be consistent with previous applications and previous payments. Either the Architect or the County will notify the Construction Manager of adjustments to the Application for Payment. The Construction Manager will incorporate these adjustments into the next month's Application. 17. Submit Partial Waivers for amount requested in previous application, after deduction for retainage, on each item. Submit Waivers of Lien on forms, executed in a manner acceptable to Owner. Provide example of Waiver to Facilities for review and approval. 18. Final Payment Application shall be processed in accordance with the Agreement between County and Construction Manager. The final Application for Payment must be submitted with the following attachments: a. b. c. d. AIA Document G707, "Consent of Surety to Final Payment" AIA Document G706, "Construction Manager's Affidavit of Payment of Debts and Claims" AIA Document G706A, "Construction Manager's Affidavit of Release of Liens" Evidence of completion of Project closeout requirements

Attachments: Attachment A ­ Application for Payment Flow Chart Attachment B ­ Application for Payment Cover Letter, G702 and G703 Examples Schedule A ­ General Conditions Billing Detail, Schedule B ­ Fee Schedule Attachment C ­ GMP Contingency Budget Reallocation Form Attachment D ­ Stored Materials Instruction Sheet, Bill of Sale, Bailment Agreement, Insurance Certificate Example, Inspection Report Attachment E ­ Project Critical Path This Month and 3 Month Look Ahead Revision Date: 12/14/09

Attachment "A"

REVIEW ROUGH DRAFT APPLICATION

CONTRACTOR Transmit Draft by the 25th CONSTRUCTION MANAGER'S REVIEW ARCHITECT'S REVIEW

CONTRACTOR FOR FORMAL SUBMITTAL

CONSTRUCTION MANAGER W/ COMMENTS

SUBMIT FORMAL PAY APPLICATION

CONTRACTOR Submit Formal Pay App to CM by the 1st

1 Day

CM Submit Pay App to Architect by the 5th

4 Days

ARCHITECT Submit to TC by the 10th

5 Days

30 Days

CONSTRUCTION MANAGER PAYMENT

15 Days

TARRANT COUNTY AUDITOR & COMMISSIONERS COURT APPROVAL

5 Days

TARRANT COUNTY FACILITIES MGMT APPROVAL

Attachment "B"

Date

Project Manager's Name Tarrant County Facilities Management 100 W. Weatherford, Suite 350 Fort Worth, Texas 76196 Reference: Name of Project Purchase Order No. xxxxxxxxxx Application for Payment No. One (1)

Subject: Gentlemen:

Attached is Application for Payment No. One (1) for the above referenced project for the period ending ____________________. Please remit payment as follows: $ __334,394.00____ .

Sincerely,

Name Title

Attachment "B"

APPLICATION AND CERTIFICATION FOR PAYMENT

TO OWNER: Tarrant County Facilities Mgmt 100 W. Weatherford, Room 350 Fort Worth, TX 76196 Attn: [Name of Owner Representative] FROM CONTRACTOR: Name Street City, State, Zip Name of Construction Manager PROJECT: Project Name Address City

AIA DOCUMENT G702

APPLICATION NO: #01

PAGE ONE OF

THIRTEEN

PAGES

Distribution to: x OWNER x ARCHITECT x CONTRACTOR

PERIOD TO: Address City

03/31/09

VIA ARCHITECT Name

APPLICATION DATE: 03/31/09 PURCHASE ORDER NO. 4400009999

CONTRACT FOR: Construction Management

CONTRACTOR'S APPLICATION FOR PAYMENT

Application is made for payment, as shown below, in connection with the Contract. Continuation Sheet, AIA Document G703, is attached.

The undersigned Contractor certifies that to the best of the Contractor's knowledge, information and belief the Work covered by this Application for Payment has been completed in accordance with the Contract Documents, that all amounts have been paid by the Contractor for Work for which previous Certificates for Payment were issued and payments received from the Owner, and tha current payment shown herein is now due.

$1,700,148 $10,500,000 $12,200,148 $338,098 $4,143,629

1. 2. 3. 4.

ORIGINAL CONTRACT SUM . . . . . . . . . . . . . . . . . . . . . . . . . . .$ Net change by Change Orders . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ CONTRACT SUM TO DATE (Line 1 ± 2) . . . . . . . . . . . . . . . . . . $ TOTAL COMPLETED & STORED TO DATE . . . . . . . . . . . . . . $ (Column G on G703) 5. RETAINAGE: a. % of Construction $ (Column D + E on G703) b. % of Stored Material $ (Column F on G703) Total Retainage (Lines 5a + 5b or Total in Column I of G703) . . . . . . . . . . . . . . . . . . . . .$ 6. TOTAL EARNED LESS RETAINAGE . . . . . . . . . . . . . . . . . $ (Line 4 Less Line 5 Total) 7. LESS PREVIOUS CERTIFICATES FOR PAYMENT (Line 6 from prior Certificate) . . . . . . . . . . . . . . .$ 8. CURRENT PAYMENT DUE . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 9. BALANCE TO FINISH, INCLUDING RETAINAGE . . . . . . . .$ (Line 3 less Line 6) CHANGE ORDER SUMMARY Total changes approved in previous months by Owner Total approved this Month TOTALS NET CHANGES by Change Order

AIA DOCUMENT G702 · APPLICATION AND CERTIFICATION FOR PAYMENT · 1992 EDITION · AIA · ©1992

CONTRACTOR: CONSTRUCTION MANAGER NAME

By: _________________________________________________Date: ______________________ State of: TEXAS County of: TARRANT Subscribed and sworn to before me this day of Notary Public: My Commission expires:

$3,704 $334,394

2009

ARCHITECT'S CERTIFICATE FOR PAYMENT

In accordance with the Contract Documents, based on on-site observations and the data comprising the application, the Architect certifies to the Owner that to the best of the Architect's knowledge, information and belief the Work has progressed as indicated, the quality of the Work is in accordance with the Contract Documents, and the Contractor is entitled to payment of the AMOUNT CERTIFIED. AMOUNT CERTIFIED . . . . . . . . . . . $

$0 $334,394 $11,865,754

ADDITIONS $10,500,000.00 $0.00 $10,500,000.00

DEDUCTIONS $0.00 $0.00 $0.00 $10,500,000.00

(Attach explanation if amount certified differs from the amount applied for. Initial all figures on this Application and on the Continuation Sheet that are changed to conform to the amount certified. ARCHITECT: By: ______________________________________________________ Date: ______________________ This Certificate is not negotiable. The AMOUNT CERTIFIED is payable only to the Contractor named herein. Issuance, payment and acceptance of payment are without prejudice to any rights of the Owner or Contractor under this Contract.

THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE., N.W., WASHINGTON, DC 20006-5292

CONTINUATION SHEET

AIA Document G702, APPLICATION AND CERTIFICATION FOR PAYMENT, containing Contractor's signed certification is attached. In tabulations below, amounts are stated to the nearest dollar. Use Column I on Contracts where variable retainage for line items may apply.

A BP NO. B DESCRIPTION OF WORK C SCHEDULED VALUE D

AIA DOCUMENT G703

APPLICATION NO: APPLICATION DATE: PERIOD TO: TC PURCHASE ORDER NO:

E F MATERIALS PRESENTLY STORED (NOT IN D OR E) TOTAL COMPLETED AND STORED TO DATE (D+E+F) G % (G ÷ C)

PAGE 2 OF 13 PAGES

One 03/31/09 03/31/09 4400009999

H BALANCE TO FINISH (C - G) I RETAINAGE (IF VARIABLE RATE)

WORK COMPLETED FROM PREVIOUS APPLICATION (D + E) THIS PERIOD

0

CONSTRUCTION MANAGEMENT

GENERAL CONDITIONS GENERAL CONDITIONS TOTAL CONSTRUCTION PHASE SERVICES 15% Mobilization 85% Duration of Project CM SERVICES TOTAL BONDS BONDS TOTAL BUILDER'S RISK BUILDER'S RISK TOTAL GL, UMBRELLA, AUTO INSURANCE GL, UMBRELLA, AUTO INSURANCE CONSTRUCTION MANAGEMENT FEE CONSTRUCTION MANAGEMENT FEE TOTAL CONTINGENCY CONTINGENCY TOTAL SUB-TOTAL 335,175 335,175 67,500 382,500 450,000 101,449 101,449 22,677 22,677 71,611 71,611 469,236 469,236 250,000 250,000 1,700,148 0 0 0 276,906 0 0 0 0 0 0 0 0 0 0 0 783 783 67,500 67,500 101,449 101,449 22,677 22,677 71,611 71,611 12,886 12,886 0 0 0 0 0 0 0 0 0 783 783 67,500 0 67,500 101,449 101,449 22,677 22,677 71,611 71,611 12,886 12,886 0 0 276,906 0% 0% 100% 0% 15% 100% 100% 100% 100% 100% 100% 3% 3% 0% 0% 16% 0 0 0 456,350 456,350 250,000 250,000 1,423,242 0 0 0 0 644 644 0 0 644 334,392 334,392 0 382,500 382,500 0 0 0 0 0 0 0 0 0

TRADE CONTRACTORS

02200 BP-2A: DEMO, EARTHWORK (Canyon Contractors) CO#01, PCR #1, Provide erosion control 02200 02200 TOTAL DEMO, EARTHWORK 02280 BP-2B: TERMITE CONTROL (AAA Pest Company) 02280 TOTAL TERMITE CONTROL 96,800 9,112 105,912 2,080 2,080 0 0 0 0 0 50,000 9,112 59,112 2,080 2,080 0 0 0 0 0 50,000 9,112 59,112 2,080 2,080 52% 100% 56% 100% 100% 46,800 0 46,800 0 0 2,500 456 2,956 104 104

TRADE CONTRACTORS SUB-TOTAL GRAND TOTALS

10,500,000 12,200,148

0 0

61,192 338,098

0 0

61,192 338,098

1% 3%

10,438,808 11,862,050

3,060 3,704

Construction Manager Name Address City, State, Zip

Application No. One (1) PO # xxxxxxxxxx

Name of Project

GENERAL CONDITIONS- SCHEDULE "A"

Date 12/31/2008 1/31/2009 1/14/2009 1/16/2009 1/20/2009 1/16/2009

Invoice 36438 8175551234-Jan09 15804734505 07A9509397 RI02126 16401182-2224-2

Name Staples AT&T Nextel Ozarka Cain Fence Waste Mgmt

Description Office Supplies Jobsite telephone Radios Water Temporary Fence Dumpster Rental TOTAL

Amount $43.14 $236.22 $114.34 $26.29 $60.37 $302.38 $782.74

AMOUNT BILLED:

$

783.00

Construction Manager Name Address City, State, Zip

Application No. One (1) PO No. xxxxxxxxxx

Name of Project

FEE - SCHEDULE "B"

Total Cost of the Work (less CM Fee) completed to date Less Retainage on Cost of the Work Net Completed to Date Times Fixed Percentage of 4%

325,212 3,060 322,152 12,886

Less Previous Billing Total

0 12,886

Attachment "C"

NAME OF PROJECT BUDGET REALLOCATION

Budget Reallocation No.: One (1) Date: April 1, 2009

In accordance with the terms of the Construction Agreement dated ________ __, _____, [Construction Manager's Name] determines that the following items(s) of cost is compensable from the Construction Contingency. All items are within the Cost of the Project and do not constitute any change in the Guaranteed Maximum Price. 1. BP-7C Joint Sealants: Change color of caulking as requested by Architect and Owner. DEDUCT CONTINGENCY (2,122) 2. BP-8A Storefront: Refabricating window frame due to design change. DEDUCT CONTINGENCY (2,271) 3. BP-15A Mechanical: Relocation of mop sink in lavatory in Room 228 due to conflict in drawings. DEDUCT CONTINGENCY (1,672) 4. BP-06A Millwork: Modifications to millwork finishes per ASI #14 due to contract document coordination. DEDUCT CONTINGENCY (408)

Original Construction Contingency Budget Previously Authorized Reallocation This Reallocation Balance of Construction Contingency

$ 250,000 $ (0) $ ( 6,473) $ 243,527

The following represents Budget Adjustments to Bid Packages and General Conditions included within the Cost of the Project and does not constitute any change in the Guaranteed Maximum Price: BP-2A Site Demolition, Earthwork ADD $450 General Conditions DEDUCT $450 Install silt fence around topsoil stockpile to conform with the Storm Water Pollution Prevention Plan.

Attachment "D" (Page 1 of 10)

TARRANT COUNTY REQUIREMENTS FOR STORED MATERIALS OFF SITE STORED MATERIAL: To process a request for payment for materials stored at a location other than the project site, the Trade Contractor/Supplier must comply with the following: 1. The Trade Contractor/Supplier will submit an executed Bill of Sale, a Bailment Agreement, Photographs and a Certificate of Insurance (see examples attached). a. Bill of Sale will list each item for which payment is requested on Schedule "A" or attach copy of invoices specifying material. b. The Trade Contractor/Supplier will provide an "All Risk" insurance policy for the full invoiced price of the items. The certificate holder should be the Construction Manager. The payees in case of loss will be Construction Manager and Tarrant County. The policy will have no deductible, and the policy will require a minimum of 30 days written notice to the Construction Manager and the County prior to cancellation of the policy. 2. After the arrival of the material at the off site storage location, the Trade Contractor/Supplier must notify the Construction Manager of this fact. Prior to the billing date, the Construction Manager will travel to the storage location. Using the Bill of Sale, the Construction Manager will verify the materials are valid, adequately marked and protected from wear, fire, damage, theft and any other cause. The Construction Manager will provide to the County the inspection along with pictures of inspected materials. Payment for materials stored off-site will include the substantiated cost less the amount necessary to load, transport and unload these materials from their storage location to the jobsite, less the standard retainage as required by the contract. The invoice will indicate the unit quantity, description of the material, and its costs. The Trade Contractor/Supplier will comply with the following: 1. 2. 3. List the stored materials in the column labeled "Materials Presently Stored" in your AIA Document G703, Schedule of Values. No relocation of the materials without the prior approval of the Construction Manager and Owner. Attach to the materials a label including the name of the Owner (Tarrant County), the project's name and address, a prohibition against the diversion of the materials for other use and statement of the intended purpose for the materials. Store materials off the ground, protected from damage, loss, weather, vandalism and theft in a manner acceptable to Construction Manager.

4.

Making Payment for Off-Site Materials: Payments may be made for off-site stored materials if such payments will be in the best interests of the project, and at the discretion of the Construction Manager and Tarrant County.

Attachment "D" (Page 2 of 10) ON-SITE STORED MATERIAL: The Construction Manager and Tarrant County will consider for progress payments materials properly stored on site if: 1. The on-site materials comply with contract documents; 2. The on-site materials comply with approved submissions for payment; and 3. The on-site materials will be incorporated into the structure Once paid for, these materials become the property of Tarrant County. Until the Construction Manager and Tarrant County accept the properly installed materials, the Trade Contractor must take care of those on-site materials. The Construction Manager will verify the existence of materials for which the Trade Contractor/Supplier seeks progress payments. The Construction Manager will document in writing that all conditions precedent to this payment have been satisfied by the submitting Trade Contractor. When submitting invoices for payment of on-site stored Materials the Trade Contractor will meet the following requirements: Payments for materials, equipment and associated components stored on-site will be 100% of a valid invoice, less the standard retainage as required by the Contract, indicating the unit quantities, description of the material or equipment and their costs. The Trade Contractor will also comply with the following requirements: 1. List the stored materials in the column labeled "Materials Presently Stored" in your AIA Document G703, Schedule of Values. 2. Permanently identify the materials with clear labels matching the materials' description on the supplier's invoices, including the name of the responsible Trade Contractor. 3. Properly store the materials off of the ground protected from damage, loss, weather, vandalism and theft in a location and manner acceptable to Construction Manager.

Attachments:

Bill of Sale Bailment Agreement Example ­ Evidence of Property Insurance Verification Report

BILL OF SALE OF PERSONAL PROPERTY KNOW ALL MEN BY THESE PRESENTS, that for and in consideration of the sum of: _________________________________________________________________________________________ and other good and valuable consideration, upon the receipt of payment of which, the Undersigned ("Seller") does by these present GRANT, BARGAIN, AND SELL unto _________________________________ ("Purchaser") the goods and chattels located at ________________________________________ ("Property") as described on Schedule "A" attached and by this reference made a part. IN CONSIDERATION OF THE FOREGOING AND THE COVENANTS HEREIN CONTAINED, SELLER AGREES AS FOLLOWS: 1. Seller covenants and warrants to Purchaser that Seller is the lawful owner of the Property; that the Property is free from all liens and claims whatsoever; that Seller has good right to sell the same; that Seller will warrant and defend Purchaser against the claims and demands of all persons. 2. Seller will provide safe and proper storage for the Property and will cause to be placed conspicuously and securely on the Property a sign or signs which will show that the Property is the property of the Purchaser. 3. The Property will be held at Seller's risk, and will be kept insured against fire, theft and all other hazards by Seller at Seller's expense in an amount equal to the replacement cost, with loss payable to Purchaser. Copies of insurance certificates will be furnished to Purchaser. 4. The Purchaser will have the right to inspect the Property at any time during normal business hours at the storage facilities of the Seller. The failure to inspect will not be deemed a waiver of any of the rights of the Purchaser, and if the Property is found to be defective, in materials or workmanship, stolen or lost, in whole or in part, the Seller must replace the defective items at its own cost. 5. The Purchaser may remove the Property at any time. 6. Seller warrants to Purchaser that the value of the Property is $______________________________.

FURTHER IN WITNESS WHEREOF, The Undersigned has set his hand this ______ day of _______________, 20___. SELLER:______________________________________ (TITLE) WITNESS: _________________________________________ State of ____________________ County of ___________________ This is to certify that _______________________________, personally known to me to be the same person whose name subscribed to the foregoing Bill of Sale appeared before me, ______________________________, a notary public, this _________ day of _______________, 20_____ and expressly acknowledged to me that the execution of said foregoing Bill of Sale is his free and voluntary act. My Commission expires: _________________

Page 1 of 1

SCHEDULE "A" OF BILL OF SALE

Date: Contractor's Name: Bid Package #: Project Title: The following material has been manufactured or purchased by ___________________________________________________, is specifically intended for use on __________________________________________________________ (Project) and is stored at _____________________________________________________(Location).

The total value of the material is $___________________.

DESCRIPTION

NUMBER

VALUE

DATE MOVED "ONSITE"

Signature: Title: Date:

Page 2 of 2

BAILMENT AGREEMENT BAILMENT AGREEMENT entered into on____________ (Date), between _______________ _________________________ (Construction Manager) located at ___________________ (City and State) and located at . as Bailee,

I.

GENERAL A. _______________(CM) and Bailee have entered into this Agreement to have Bailee hold _______________ (CM's) Property for purpose of construction in accordance with the requirements of Bailee's Subcontractor Number ___________________(CM) for the Project known as . with

B.

All Services performed by Bailee under this Agreement shall be in the capacity of independent Contractor and not as agent.

II.

ITEMS TO BE STORED A. Bailee will hold for __________________ (CM) as Stored Items, those items indicated on the attached Schedule "A" of the Bill of Sale purchased by Bailee on _______________ (CM's) behalf pursuant to the specifications in Subcontract Number _____________.

B.

Bailee shall be responsible for the security and condition of the Stored Items until they have been delivered to the Project Site and have been inspected and accepted in accordance with Subcontractor Number ____________.

III.

MANNER OF STORAGE

A.

Bailee will hold the Stored Items at the following premises located at , in the manner specifically outlined below. __________ (CM), or the Architect (or their respective representatives) may periodically inspect the Stored Items to determine that the manner of storage complies with the requirements set forth below ______________ (CM), or the Architect (or their respective

representatives) will not be required to give Bailee any notice of when an inspection will occur; Bailee agrees to permit immediate entry to the premises for inspection during normal working hours.

B.

The Stored Items shall be stored in discrete locations at the premises. The location of these discrete units shall be reported to ___________ (CM) on a monthly basis. All Stored Items shall be marked as required in IV below. Stored Items shall be stored indoors, or if outdoors, on dunnage and protected in whatever manner is required to preserve their quality and condition. Bailee will carry out all additional instructions given by _____________ (CM) or the Architect (or their respective representatives) with respect to the manner of storage during any inspection of the Stored Items.

IV.

TITLE AND APPROPRIATE MARKINGS

A.

________________________ (CM) retains title to all the Stored Items.

B.

Each item/piece/container of Stored Material shall bear the following notation "Property of _____________________ (CM) Project ____________________________, located at __________________."

C.

The area in which the items are stored shall be posted with signs at obvious locations reading as follows: "The Stored Material in this area is the property of, _____________________ (CM) Project ______________________________________________________ Located at_______________________________________________________."

D.

The notations required by IV B and IV C shall be applied by paint (or by any other method that is weatherproof and will withstand exposure to the elements for up to two years) such that all markings remain legible. The method of marking shall be approved by ___________________________ (CM).

V.

DURATION

This Agreement shall terminate when all the Stored Items have been delivered to the Project Site and are accepted in accordance with Subcontractor Number .

VI.

ASSIGNMENT

A.

This Storage Agreement may not be assigned by Bailee and any act by Bailee purporting to effect an assignment shall be void and of no effect.

B.

This Storage Agreement may be assigned by ________________ (CM) to any person who succeeds to ___________________ (CM's) interest in the Project. In the event of such assignment, this Storage Agreement shall vest in ____________________ (CM's) assignee, who all assume ______________ (CM's) obligations hereunder; and Bailee shall continue to be bound by its terms.

VII.

INSURANCE

Bailee shall bear all risk of loss with respect to the Stored Items for duration of this Agreement. Bailee will provide __________ (CM) with a Certificate of Insurance

certifying that Bailee's All Risk Insurance covers the Stored Items to their full invoiced value wherever located until the items become subject to The Project Sites All Risk Insurance Policies.

VIII.

ENTIRE CONTRACT

This Agreement complements Subcontractor Number ____________ and may not be changed, modified or discharged except by written instrument, duly executed by each party.

IX.

GOVERNING LAW

This Agreement shall be governed by the law of the State of Texas.

IN WITNESS WHEREOF, this Agreement has been executed this _________________ day of _______________________, ___________________.

WITNESS: By:_______________________________

___________________________ (CM) By:__________________________ Title: ________________________

ATTEST: By:_______________________________ Title: _____________________________

BAILEE:______________________ By:__________________________ Title:_________________________

EXAMPLE OF REQUIRED INSURANCE CERTIFICATE

ACCORD

EVIDENCE OF PROPERTY INSURANCE

; DAT! (MM/DD/YY)

X

01-25-00

THIS IS EVIDENCE THAT INSURANCE AS IDENTIFIED BELOW HAS BEEN ISSUED, IS IN FORCE, AND CONVEYS ALL THE RIGHTS AND PRIVILEGES AFFORDED UNDER THE POLICY.

COMPANY

PRODUCER

The Insurance Agency 1999 West 5th Street Fort Worth, Texas 76101

CODE

INSURED SUBCODE

The ABC Casualty and Surety Company

LOAN NUMBER

POLICY NUMBER

The Best Supply Co. PO Box 00000 Fort Worth, Texas 76101

PROPERTY INFORMATION

CATION/DESCRIPTION

061 TCP 5816311

EFFECTIVE DATE (MM/DD/YY) EXPIRATION DATE (MM/DD/YY)

05-01-2000

05-01-2001

CONT. UNTIL TERMINATED IF CHECKED

THIS REPLACES PRIOR EVIDENCE DATED:

Policy is extended to provide coverage for materials in the amount o£ $50,000.00 while stored at 258 Storage Street, Fort Worth, TX 76101 to be installed at the Tarrant County [Project Name].

COVERAGE INFORMATION

COVERAGE/PERILS/FORMS AMOUNT OF INSURANCE DEDUCTIBLE

Fire, Extended Coverage, and "All Other Perils" (description and value)

CANCELLATION

$125,000.00

Remarks (including Special Conditions) [Construction Manager] and Tarrant County are named as Additional Insured in respects to the General Liability policy and Loss Payee in respects to the stored material located at (please insert address) as required by written contract.

_________________________________________________________________________________________________________

CANCELLATION

THE POLICY. IS SUBJECT TO THE PREMIUMS, FORMS, AND RULES IN EFFECT FOR EACH POLICY PERIOD. SHOULD THE POLICY BE TERMINATED, THE COMPANY WILL GIVE THE ADDITIONAL INTEREST IDENTIFIED BELOW 30 days WRITTEN NOTICE, AND WILL SEND NOTIFICATION OF ANY CHANGES TO THE POLICY THAT WOULD AFFECT THAT INTEREST, IN ACCORDANCE WITH THE POLICY. PROVISIONS OR AS REQUIRED BY LAW._________________________________________

ADDITIONAL INTEREST

NAME AND ADDRESS NATURE OF INTEREST MORTGAGEE ADDITIONAL INSURED

Construction Managers Name Street City, State, Zip

VCORD 27 (2/88)

X

LOSS PAYEE

(OTHER)

SIGNATURE OF AUTHORIZED AGENT OF COMPANY

© ACORD CORPORATION 1988

Date: Order No.:

OFF-SITE STORED MATERIALS INSPECTION REPORT

On _____________________ (Inspection Date), I visited the warehouse facilities of Subcontractor/Supplier's Name _________________________________________________ Located at: __________________________________________________ (Street Address) _____________________________________ (City, State and Zip Code) to inspect stored materials as listed on the attached Bill of Sale. (See attached Material Invoices as listed on Schedule "A".)

All materials were accounted for and clearly marked: "PROPERTY OF _______________________________ (CM) and TARRANT COUNTY"

NOTE: Job Name and Order Number must appear on all invoices, delivery tickets, and packing slips per contract .

Signed:

Title:

Print Name:

Attachment "E"

Project Critical Path This Month and 3 Month Look Ahead

Project Name:

CURRENT MONTH Key Accomplishments and Critical Path Activities (completed percentage of each and those not complete) for the period: 12/01/09 to 12/31/09 LOOK AHEAD FOR MONTH 1 Key Activities and Critical Path Activities for the upcoming period: 01/01/10 to 1/31/10 LOOK AHEAD FOR MONTH 2 Key Activities and Critical Path Activities for the upcoming period: 02/01/10 to 02/28/10

Attachment "E"

LOOK AHEAD FOR MONTH 3 Key Activities and Critical Path Activities for the upcoming period: 03/01/10 to 03/31/10 Significant Issues Requiring Tarrant County's Attention

Signature_________________________________________________________ Date__________________ Contractor:

Information

Tarrant County Facilities Management

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C132-2009 - Owner-Construction Manager as Adviser Agreement
STATE OF CONNECTICUT