Subcontract Agreement
1. Description of Work: The work to be performed by Subcontractor includes all services generally performed in the Subcontractor’s usual line of work, including but not limited to; General Apartment maintenance, repairs, and renovations to both the interior and exterior of rental properties.
2. Relationship of Parties: The parties intend that an independent contractor employer relationship will be created by this agreement. Subcontractor is not to be considered an agent or employee of Contractor for any purpose, and the employees of Subcontractor are not entitled to any of the benefits that Contractor provides for Contractor’s employees. It is understood that Contractors does not agree to use Subcontractor exclusively, and the Subcontractor is free to perform similar services for others while under contract with Contractor
3. Liability:
The work to be performed under this agreement will be performed entirely at the Subcontractor’s risk, and Subcontractor assumes all responsibility for the condition of tools and equipment used in the performance of this contract. At the times during the progress of the Work hereunder, Subcontractor shall maintain in full forces and effect, at its sole expense, the following insurance with responsible insurance companies satisfactory to Contractor as follows:
- General Liability including Premises-Operation, Explosion, Collapse & Underground, Contractual Liability and Products/Completed Operations Coverage.
General Aggregate $1,000,000 - Each
Occurrence $1,000,000
- Workman's Compensation - Only applies to companies with employees - Statutory coverage as required by the state in which the work is to be performed.
Each incident $100,000
General Aggregate limit shall apply on a per project basis. General Liability shall name the Contractor, owner and Architect as Additional Insureds on a primary and noncontributory basis. Coverage for additional Insureds must be as broad as coverage provided to the Named Insured. Products/Completed Operations coverage shall be extended to the Additional Insureds and shall be maintained with the same limits as above for a minimum of 3 years commencing with the final acceptance and payment by the Contractor.
- Automobile Liability Insurance - Bodily Injury & Property Damage $1,000,000
Prior to the commencement of the work, the Subcontractor shall forward the Subcontractor’s Certificate of Insurance as evidence thereof to Contractor. Four Points Property Management shall be named as Additional Insured on Subcontractor’s Commercial General Liability policies. Such certificate shall provided that the required coverages will not be cancelled or non-renewed unless at least thirty (30) days prior written notice is given to Contractor.
4. Waiver of Subrogation: The Subcontractor Waives all rights of subrogation against Contractor for loss or damage covered by any of the insurance maintained by the Subcontractor pursuant to this Subcontract.
5. Hold Harmless Agreement: Subcontractor agrees to indemnify and hold harmless Contractor, their agents and employees, from any and all claims for bodily injury and property damage that may arise from the performance of the subcontract work, and is caused in whole or part by the negligent acts or omissions of the subcontractor.
6. Safety: In the performance of this agreement, the Subcontractor shall, at no additional cost to the Contractor, comply with all applicable safety rules, regulations, laws and enactments including local, city, state, and federal and current provisions of the Occupational Safety and Health Act (hereinafter “OSHA”) during the conduct of the Subcontractor’s work on and in connection with this Agreement. The Subcontractor shall indemnify Contractor for fines, penalties and corrective measures that result from the acts of commission or omission by the Subcontractor, the Subcontractor’s agent, employees and assigns in failure to comply with such safety rules, regulations, laws and enactments. In addition, the Subcontractor agrees to pay Contractor for violations of OSHA requirements in accordance with OSHA schedule of penalties. In addition, when necessary, Subcontractor, pursuant to 49 Code of Federal Regulations Parts 40 an 199, agrees to abide by Contractor’s SUBSTANCE ABUSE PROGRAM, by which Subcontractor and Subcontractor’s employees shall submit to drug testing as described in Contractor’s program.
7. Other Four Points Property Management Policies
- Vendor payments are made once a week
- Before and after pictures are required for payment
- Vendor must notify tenant before entering rental
By signing below, the subcontractor agrees to the terms above in the Subcontractor Agreement
