Contractor Agreement

SUBCONTRACTOR AGREEMENT
 

  1. WORKMANSHIP: Subcontractor shall perform, and make sure any vendor, subcontractor, employee or independent contractor(s) under Subcontractor direction perform all the work in a good, sound, workmanlike manner to industry standards or better.

 

  1. CLEAN-UP: Subcontractor shall abide by accepted working hours and clean up after work performed each day.  The workspace utilized by Subcontractor must be left broom cleaned or better and free of debris or clutter created at the end of every day.  Should A2B need to clean for the Subcontractor, a $75/hour fee will be withheld from the final payment to Subcontractor.

 

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  1. COMPLIANCE WITH LAW: Subcontractor represents that it complies with all federal, state and local laws and regulations applicable to providing construction services in Massachusetts including, but not limited to, any license or proficiency requirements.  Subcontractor will comply with all applicable federal, state, and local laws and regulations related to the Agreement and the work to be performed including, but not limited to building codes, OSHA laws, Lead Safe Renovation regulations, disposal of waste and the safety of persons and property.

 

  1. CHANGE ORDERS/EXTRA WORK: Any changes to the contract must be agreed upon in advance, in writing, with A2B.  A2B should not be liable for any changes not agreed upon in advance in writing.  Subcontractor shall not discuss the price of any requested changes with anyone other than A2B.

 

  1. UNEXPECTED SITE CONDITIONS: Unexpected Site Conditions are hereby defined as concealed or latent physical conditions or subsurface conditions at the Site that (a) are materially different from the conditions indicated in the Contract Documents or (b) are of an unusual nature, materially different from the conditions ordinarily encountered and generally recognized as inherent in the Work. If Subcontractor encounters an Unexpected Site Condition, Subcontractor will be entitled to an adjustment in the Contract Price and/or Contract Time by presenting A2B with a written Change Order that must be approved PRIOR to commencement of associated work.  However, upon encountering an Unexpected Site Condition, Subcontractor shall provide notice to A2B of such condition within 24 hours.  Subcontractor must provide said notice and receive written approval to proceed before the Unexpected Site Condition is substantially disturbed or altered.
  1. INVOICING AND PAYMENTS:
      2. (a) Invoices must be provided to A2B or no payment will be issued. Emailing the Vice President of Administration (VPA) is best at info@A2BContractors.com.  Or you can bring the invoices in to the office by appointment to ensure someone is there to receive the invoice.
      (b) Invoices must be approved by the appropriate A2B representative to ensure the work was performed to the standards outlined in this contract. No payment will be issued for an invoice that is not approved.
  1. WARRANTY: Subcontractor warrants that for a period of 2 years following final acceptance of the work, the work performed by Subcontractor shall be free from any material damage or defect caused by any defective, negligent or improper work by Subcontractor.  Subcontractor shall repair or replace, at Subcontractor’s expense, any damage, defect or problem resulting from defective work or materials performed by Subcontractor that is discovered during the warranty period.

 

  1. NON-PERFORMANCE AND TERMINATION: Should Subcontractor at any time refuse or neglect, or fail in any way to carry out work with promptness and diligence, or fail to comply with the terms of this agreement, A2B will provide written notice that Subcontractor must rectify the situation within 7 days. Failure to rectify the situation will result in termination of Subcontractor.  A2B’s cost for labor or materials necessary to rectify the situation will be deducted from any amount due to Subcontractor.

 

  1. INSURANCE AND INDEMNIFICATION:
      2. (a) To the fullest extent of the law, Subcontractor agrees to defend, indemnify, and hold A2B harmless and, if requested by A2B, the Owner, their consultants, agents and employees of any of them, from and against any and all claims, suits, losses or liability, including attorneys’ fees and litigation expenses, for or on account of injury to or death of persons, including Subcontractor’s employees, subcontractor’s subcontractors or their employees, or damage to or destruction of property, or any bond obtained for same, caused, in whole or in part, by any act or omission, or alleged act or omission, of Subcontractor, its employees or agents, whether caused in part by a party indemnified hereunder.
      (b) Subcontractor’s indemnification and defense obligations hereunder shall extend to Claims occurring after this Agreement is terminated, as well as while it is in force, and shall continue until it is finally adjudicated that any and all actions against the Indemnified Parties for such matters which are indemnified hereunder are fully and finally barred by applicable Laws.
      (c) Subcontractor shall provide a Certificate of Insurance prior to starting work. A2B shall be added as an Additional Insured on each Subcontractor General Liability policy, verified by a Certificate of Insurance and receipt of the Additional Insured form.  Limits on the Subcontractor’s General Liability for Premises/Operations and Products/Completed Operations shall be equal to or greater than A2B’s limits of $1,000,000 for each occurrence and $2,000,000 annual aggregate.
      (d) Subcontractor acknowledges and represents that he has made an on-site inspection of the Premises and the work area so as to be familiar with all conditions, which may affect the safety and health of its employees as well as those of its Subcontractors. Subcontractor and all of its employees shall follow all applicable safety and health laws and requirements pertaining to its work and the conduct thereof, but not limited to, compliance with all applicable laws, ordinances, rules, regulations, and orders issued by a public authority, whether federal, state or local, including OSHA and any safety measures required by A2B.  A2B reserves the right, but not the obligation, to inspect the safety work performance of Subcontractors to ascertain their compliance with these applicable safety provisions.  Notwithstanding the foregoing, Subcontractor, as an independent contractor, is solely responsible for controlling the manner and means by which it performs the Work pursuant to this Agreement.  Unless otherwise agreed to by the parties in writing, Subcontractor shall provide all safety equipment, materials, tools and personal protection equipment necessary to perform the work in a safe, healthful and workmanlike manner.  Subcontractor shall immediately report to A2B all accidents, occupational injuries, and illness involving its employees or those of its Subcontractors, relating to the Work or which cause any injury to a third party or which cause damage to the property of Owner, A2B or a third party.
      (e) Subcontractor shall promptly furnish to A2B copies of any worker’s compensation report of injury or illness forms filed by any of its employees or those of its subcontractors and when requested, assist A2B in any investigation it may conduct of any such accident, injury or illness.
      (f) Subcontractor hereby acknowledges its obligation under the foregoing paragraph to indemnify A2B against judgments suffered because of the Subcontractor’s Work and to assume the cost of defending A2B against such as described in the foregoing paragraph on a primary and noncontributory basis.
  1. ENTIRE AGREEMENT: This agreement terminates and supersedes all prior understanding or agreements between Subcontractor and A2B.

This contract is with A2B not with any of A2B’s vendors, suppliers, other subcontractors or customers.  A2B is not liable for any agreements made with anyone other than an authorized representative of A2B.
Contract documents such as Scope of Work, Architectural drawings, RFPs and product specifications will detail the entirety of the work to be performed by Subcontractor for each project.  These are binding contract documents, and Subcontractor agrees to perform work stipulated therein unless otherwise instructed in written form by A2B.