00805 - Supplementary Conditions (Minister's Right to Assign)

Section Cover Page Section 00805 Supplementary Conditions 2004-12-15 (Minister's Right to Assign)

Use this Section to specify Supplementary Conditions which are required to modify the department’s standard Conditions of Contract documents (i.e. General Conditions of Contract).

Use the Supplementary Conditions contained in this Section when the contract is pre-bid and is intended to be assigned by the Minister to another contractor. These Supplementary Conditions explicitly reserve the Minister's right to assign the Contract and require the Contractor to execute a separate "Assignment and Novation Agreement" that will implement the assignment.

BMS Section 01116 - Contract Assignment and Section 00535 - Assignment and Novation Agreement should be used in conjunction with these Supplementary Conditions.

Do not include these Supplementary Conditions in the Contract which is intended to assume an assignable contract.

The contents of this Section should normally not be edited. If modifications are deemed necessary, contact Alberta Infrastructure and Transportation, Specifications and Standards Section.

This Master Specification Section contains:

.1 This Cover Sheet.

.2 Specification Section Text:

.1 Supplementary Conditions .2 Section 00700 - General Conditions of Contract

BMS Basic Master Specification Alberta Infrastructure and Transportation Page 0 Master Specification System Section 00805 Supplementary Conditions Plan No: (Minister's Right to Assign) Project ID: Page 1

1. SUPPLEMENTARY CONDITIONS

.1 These Supplementary Conditions modify the following Alberta Infrastructure and Transportation standard documents, as specified herein:

.1 Section 00700 - General Conditions of Contract, [ ] Edition.

.2 Provisions which are not so modified shall remain in full force and effect.

2. SECTION 00700 - GENERAL CONDITIONS OF CONTRACT

Add article 4.4.3 as follows:

.3 The Minister may, at any time, assign the Contract to any person, firm or corporation (hereinafter called the 'Assignee') selected by the Minister. The Contractor shall, upon notification by the Minister of the selection of the Assignee,

.1 consent to the assignment and accept the Assignee in all respects as the other party to the Contract in substitution for the Minister,

.2 release the Minister from all claims, demands, actions, suits, proceedings, damages, liabilities, duties, obligations, costs and expenses of every kind and nature whatsoever, arising or that may have already arisen or been incurred out of or in relation to the Contract, and

.3 covenant with the Assignee to perform the Work required by the Contract Documents and fulfill, observe and perform all of the Contractor's obligations contained therein,

by executing and delivering to the Minister, the Assignment and Novation Agreement comprising Section 00535 of the Contract Documents.

END OF SECTION