RULES AND REGULATIONS
Subcontractor is responsible for performing their work per all applicable building codes and any other regulatory offices having jurisdiction over this project. Subcontractors and their employees must comply with all subdivision/HOA rules and regulations regarding parking, noise and dust levels, hours of construction activity, etc.
All subcontractors will be required to maintain OSHA standards of safety. Willful violations, failure to correct violations, and or repeated violations are grounds for termination of the subcontract. The subcontractor’s safety program must be available on site for subcontractor’s employees review at all times. Subcontractor must maintain a hazard communications program. Subcontractor shall maintain any material safety data sheets for all hazardous chemicals used during the scope of work, and ensure that they are readily accessible during each work shift to employees when they are on the jobsite. An employee of the subcontractor that is qualified as a “competent person” (one who is capable of identifying existing and predictable hazards in the surroundings or working conditions which are unsanitary, hazardous, or dangerous to employees, and who has authorization to take prompt corrective measures to eliminate them) shall supervise subcontractor employees at all times when performing work on site.
All subcontractors are to have the necessary insurance (General Liability with limits of not less than $1,000,000 each occurrence, $2,000,000 general aggregate, and $1,000,000 products completed with Gillette LLC named as additional insured or blanket additional insured, and Workmen’s Compensation) in effect at all times during the progress of their work, any subcontractors providing design services are also required to have professional liability insurance in place.
To the fullest extent permitted by law, the Subcontractor shall indemnify and hold harmless the Owner, Contractor, Architect, Architect’s and Owner’s consultants, and agents and employees of any of them from and against claims, damages, losses and expenses, including but not limited to attorney’s fees, arising out of or resulting from performance of the Subcontractor’s Work, provided that any such 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), but only to the extent caused by the negligent acts or omissions of the Subcontractor, the Subcontractor’s 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 in part by a party indemnified hereunder. In claims against any person or entity indemnified under this section by an employee of the Subcontractor, the Subcontractor’s Sub-subcontractors, anyone directly or indirectly employed by them or anyone for whose acts they may be liable, the indemnification obligation under this section shall not be limited by a limitation on the amount or type of damages, compensation or benefits payable by or for the Subcontractor or the Subcontractor’s Sub-subcontractors under workers’ compensation acts, disability benefit acts or other employee benefit acts.
All subcontracts will be written on The American Institute of Architect’s A401 standard form, available for review upon request. All contracts may be negotiated to include minimum crew size, duration of work and liquidated damages for failure to perform. Subcontract draws will be on a monthly basis. Billing cutoff date for work completed is the final day of each month. Applications for Payment must be received by the 5th day of the following month. Applications received after the 5th will be processed in the next billing cycle. Payment will be made once received from the owner (typically by the final day of the following month). Any amounts to be billed and paid in excess of the bid amount must be accompanied by a written Work Authorization issued and approved by the site superintendent prior to the work being done. Unsigned change orders received on the 5th will not be processed until the following billing cycle.