SUBCONTRACTOR AGREEMENT.

SUBCONTRACTOR AGREEMENT.

DATE07/31/2020

Duane Handley Lath & Plaster 

1400 Hoffman Lane

Campbell, CA. 95008

 

Project:

1301 Mowry Ave., Fremont CA

This agreement is between Advanced Restoration, hereinafter called “Contractor”, and Duane Handley Lath & Plaster, Inc. hereinafter called “Subcontractor”

 

  • APPROVAL OF WORK. All work to be performed in a good and workmanlike manner in accordance with industry standards, the approved plans, and City of Stockton building inspectors.
  • DEBRIS AND CLEAN UP. Subcontractor agrees to keep any and all debris resulting from its work cleaned up at all times and to remove all waste and leftover materials from the job site at the completion of its work, leaving the premises in “broom clean” condition. Should the Subcontractor fail to perform this work, Contractor will do it and back charge the Subcontractor accordingly for any associated costs.
  • TAXES, INSURANCE, AND LICENSES. Subcontractor shall take out and pay for Workers’ Compensation insurance as required by the State of California. Subcontractor shall pay all sales taxes, and unemployment compensation taxes on labor and material furnished under this Subcontract. Subcontractor shall obtain and comply with any licenses necessary for the performance of its work under this Subcontract.
  • EXTRA WORK. In the event that changes in the work occur, the Subcontractor shall, in a timely manner, submit to the Contractor, in writing, the associated cost or credit related to the change. No claims for extra work beyond the scope of this Subcontract will be honored without prior written approval by Contractor.
  • TIME AND COMPLETION. Time is of the essence of this Agreement. Subcontractor shall start and complete its work under this Agreement in accordance with such reasonable schedules set forth by the Contractor. Subcontractor shall reimburse Contractor for any costs accumulated or penalties levied against Contractor due to the negligence or non-performance of the Subcontractor, and such costs or penalties may be deducted from the amount due to Subcontractor under this Agreement.
  • DEFAULTS AND TERMINATION. In the event Subcontractor interferes with the general progress of the general contract by negligence or delay, or Subcontractor abandons this contract or fails or refuses to furnish labor and materials at and when required under the terms of this subcontract, the Contractor may at its election takeover said Subcontract, complete the same or cause the same to be completed and charge all sums of money so expended for the completion of this Subcontract against the Subcontractor, and Subcontractor agrees to reimburse the Contractor for any loss sustained thereby.
  • FORCE MAJEURE. The failure on the part of the Subcontractor to perform their obligation under this contract will not be considered as default if such failure is the result of natural calamities, acts or God, Covid-19, extreme adverse disasters and circumstances beyond the control of the parties. The Subcontractor shall inform the Contractor of such inconveniences promptly.
  • GUARANTEE OF WORK. If, within one (1) year after final acceptance of the work by the Contractor, defects should appear in materials or workmanship, the Subcontractor shall promptly repair such defects at its cost and shall leave the work as intended by the specifications. This guarantee period of one (1) year is to apply to all portions of the work.
  • SAFETY. Subcontractor acknowledges and represents that he/she 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 Contractor.
  • LIABILITY/INDEMNITY. The Contractor shall not, during the term of this Agreement, be held liable for any injuries sustained by the Subcontractor and/or the Subcontractors employees while carrying out their obligations under this Agreement, as long as the injuries are not in any way due to the Company’s negligence. The Subcontractor agrees to indemnify the Company against any claims that may arise from the performance of this Agreement.
  • ASSIGNMENT AND SUBCONTRACTING. This Agreement may not be assigned or subcontracted, in full or in part, by Subcontractor without first obtaining the written consent of Contractor. Subcontractor shall not be relieved of its full responsibility for completion of the work because of the subletting of any portion of the work. All obligations of the Subcontractor, including all insurance requirements, shall be binding on their subcontractor.
  • INSURANCE. Subcontractor shall provide a Certificate of Insurance prior to starting work. Advanced Restoration, Inc., Roem Development Corp., and FPI Property Management shall be added as an Additional Insured on each subcontractor GL policy, verified by a Certificate of Insurance and receipt of the Additionally Insured form.
  • ASSIGNMENT AND SUBCONTRACTING. This Agreement may not be assigned or subcontracted, in full or in part, by Subcontractor without first obtaining the written consent of Contractor. Subcontractor shall not be relieved of its full responsibility for completion of the work because of the subletting of any portion of the work. All obligations of the Subcontractor, including all insurance requirements, shall be binding on their subcontractor.
  • MEDIATION AND ARBITRATION. In the event an action is brought to enforce the terms of this contract the prevailing party shall be entitled to his reasonable attorney fees and costs. If any inconsistency between Contractor and Subcontractor this document, the terms of the document shall prevail.
  • GOVERNING LAW/JURISDICTION. This Agreement shall be governed by and construed in accordance with the laws of the State of California, USA. Exclusive jurisdiction and venue shall be in California, USA.
  • MODIFICATION. This Agreement contains the entire Agreement between the Parties relating to the subject matter hereof and supersedes any and all prior agreements or understandings, written or oral, between the parties related to the subject matter hereof.  No modification of this Agreement shall be valid unless made in writing and signed by both parties hereto.

Terms and Payment:

Total Price: $4,600.00

Four thousand, six hundred dollars ($4,600.00), with payments as follows: $2,300.00 after lath, $1,150.00 after brown coat and remaining $1,150.00 due upon completion.

All approved invoices will be paid 30 day’s net upon receipt of invoice.

Subcontractor agrees to provide all labor and material for the Work in accordance with the specifications, terms, Special Conditions and Standard Conditions provided Herein. 

IN WITNESS WHEREOF, this Agreement has been executed by the parties as of the Effective Date.

 

Signature: _____________________               Name: _____________________________

 

Date: _____________________________

 

Advanced Restoration/Contractor

 

Signature: _________________________       Name: ______________________________

 

Date: _____________________________

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