Separate names with a comma.
Discussion in 'Business Operations' started by EPIC, Apr 12, 2006.
neone have a subcontrater form that i can use to hire a company to do irragation work for me ?
Here is mine:
1. Before commencing work, the Subcontractor shall furnish to Quality Lawn Care & Landscape Management (Contractor) a certificate or certificates of insurance. Said certificate(s) shall be in a form satisfactory to Quality Lawn Care & Landscape Management.
2. The Subcontractor shall procure and maintain at its own expense and from insurers acceptable to Contractor, such insurance policies as will fully protect Subcontractor, Contractor, and Owner from all claims for injuries or damages, including attorneys fees, by whomever caused, arising out of the performance of the Subcontract work, whether before or after its completion. Subcontractor shall also maintain any other insurance required by the Prime Contract documents, and in any event shall maintain the following minimum coverage:
Workers Compensation including
Employers Liability Statutory
General Liability including Completed $1,000,000 (per occurrence)
Operations and Contract Liability $2,000,000 (combined single limit)
Automobile Liability $1,000,000 (combined single limit)
Commerical Plowing Coverage Statutory
Excess Liability (Umbrella) $1,000,000
3. Quality Lawn Care & Landscape Management shall be named as an additional insured with the statement that the subcontractors insurance shall be considered primary and non-contributing insurance on all of these policies except Workers Compensation. Attached to each certificate of insurance shall be a copy of the Additional Insured Endorsement that is part of the Subcontractors Commercial General Liability Policy. All such policies shall be primary over an and all collectible insurance, and shall provide that they will not be cancelled, allowed to expire, or restrictively modified without thirty (30) days prior written notice to Contractor. All insurance required to be procured and maintained must be procured from insurance companies approved by Quality Lawn Care & Landscape Management and authorized to do business in the State of New York. In the event the Subcontractor fails to obtain or maintain any required insurance, the Contractor may purchase such insurance and back- charge the expenses thereof to the Subcontract amount, or may terminate this Subcontract.
4. Subcontractors indemnification and insurance obligations to Owner and Contractor shall not be limited by any limitations on the amount or type of damages, compensation or benefits payable by or from the Subcontractor under the Workers compensation acts, disability benefits acts, or other employee benefit acts.
PART TWO: THE CONTRACT
November 1, 2005
Subcontract agreement between: Quality Lawn Care & Landscape Management (Contractor) and R Sealers (Subcontractor)
All work of this subcontract shall be performed as per the specifications for the Chili Snow Plowing Accounts. The duration of this contract is from November 2, 2005 through May 1, 2006, unless cancelled by Quality Lawn Care & Landscape Management, or its representatives.
Work Included: R Sealers agrees to:
Furnish labor, material, supervision, & equipment for the following:
Seasonal Snow Plowing at:
. Churchville, NY 14428.
. Rochester, NY 14624.
. Rochester, NY 14624.
Seasonal snow plowing to consist of: 24hr/7day service throughout the duration of the contract. R Sealers agrees to service the above properties for up to 15 visits, with an invoice to be submitted for payment for any visits over 15. The amount of snow plowed during each visit and the dates/times of each visit are to be kept on record and submitted monthly, detailed on the enclosed work orders. The cost is to include plowing of entire paved surface area at locations. All private drive entrances, turn-arounds, and corners are to be maintained. Visits to properties are to be made after 3-4 of snowfall at location. Visits due to drifting are to be made as necessary.
The agreed pricing for all the above work is $600.00 per season (November-May). Invoices should be submitted on a monthly basis (20th of the month) per the following schedule:
Additional Plowing Visits (after 15) -$10.00 per trip
Per Trip Salt Application- $15.00 per application (will call when requested)
Invoices will be paid net 30 days providing contract is still in effect. R Sealers (Subcontractor) agrees to the following. Should any work performed or materials furnished not meet the requirements of this subcontract, in the opinions of the Owner or Quality Lawn Care & Landscape Management; subcontractor shall within 5hours after receiving notice from Quality Lawn Care & Landscape Management, correct such work at no additional expense to Quality Lawn Care & Landscape Management or individual property owners.
Subcontractor represents and warrants that all work, labor, and material will be full paid for by the subcontractor, and that subcontractor will keep project free of liens resulting from work, labor or materials supplies to or by the Subcontractor. Subcontractor does hereby indemnify and hold harmless Quality Lawn Care & Landscape Management from any and all costs, damages and expenses (including attorneys fees)resulting from such liens or failure to pay for any work, labor or material. These representations and warrants are hereby included and made part of each application for payment.
Subcontractor shall not sublet, or assign the job as a whole or any part thereof without written consent of Quality Lawn Care & Landscape Management.
To the fullest extent permitted by law, the Subcontractor shall indemnify and hold harmless the Owner, Quality Lawn Care & Landscape Management, agents and employees of any of them, from and against claims, damages, losses and expenses, including but not limited to attorneys fees, arising out of or resulting from performance of the Subcontractors work under this subcontract, provided that such a claim, damage, loss or expense is attributable to bodily injury, sickness, disease or death, or to injury to or destruction of tangible property (other than the work itself) including loss of use resulting therefrom, but only if caused in whole or in part by negligent or intentional acts or omissions of the Subcontractor, the Sub-subcontractors, anyone directly or indirectly employed by them or anyone for whose acts they may be liable, regardless of whether or not such claim, damage, loss or expense is caused by the active or passive negligence of a party indemnified hereunder. Such obligation shall not be construed to negate, abridge or otherwise reduce the rights or obligations of indemnity which would otherwise exist as to a party or person described in this paragraph.
Should the subcontractor, a) be adjudged bankrupt; b) make a general assignment for the benefit of creditors; c) have a receiver appointed on account of insolvency; d) refuse or fail to supply enough properly skilled workmen or enough material in a timely manner; interfere without cause in the business of the Owner; e) disregard law, ordinances, or instruction; f) otherwise be guilty of failure to discharge this Subcontract in a proper and workmanlike manner; then if any of the foregoing occur, Quality Lawn Care & Landscape Management shall have the right to terminate this Subcontract after two (2) days written notice and to take possession of any tools, materials, and equipment on the job and to finish this Subcontract by whatever method Quality Lawn Care & Landscape Management shall deem expedient. In such case, Subcontractor shall not be entitled to receive any further payment until subcontract work is finished. If the unpaid balance of the subcontract price shall exceed the cost of finishing the work, (including compensation for additional management and administrative services of Quality Lawn Care & Landscape Management) such expenses shall be paid to the Subcontractor. If such expenses shall exceed such unpaid balance, Subcontractor shall pay the difference to Quality Lawn Care & Landscape Management.
Subcontractor shall not be entitled to payment for extra work and/or additional material unless agreed to, in writing, by Quality Lawn Care & Landscape Management; provided, however, at the option of Quality Lawn Care & Landscape Management. . Subcontractor can be directed by Quality Lawn Care & Landscape Management to do any extra work and/or provide extra material on a time and material basis. Subcontractor shall submit all necessary documenttion to verify the amount of cost or credit resulting from any change and failure to do so is grounds for termination by Quality Lawn Care & Landscape Management of this subcontract and/or refusal to pay an extra cost claimed.
This agreement is entered into as of the day and year first written above.
Quality Lawn Care & Landscape Mgt. Subcontractor: _____________________
Steve M. Krieger John R.
I know this isn't a irrigation sub contract but it may help you with some wording?
thankz alot i really need that