master subcontract agreement for gkkworks.pdf

8/9/2019 Master Subcontract Agreement for gkkworks.pdf

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Subcontract Number:

Standard Subcontract Agreement (Fixed Price)

This Subcontract Agreement, hereinafter called Agreement is entered into at Irvine, alifornia, effective as of !!!!!!!!!!!!!!!!!!!!!! , 2011 bet"een gkkworks Construction Services, hereinafter called gkkworks orContractor , 2355 Main Street, Suite 220, Irvine, CA 92614 (949) 2501500, an!

Subcontractor Name:

Attention"

Contact"

hereinafter called Su#contractor, for the #erformance of the $or% as more full& described herein in exchange for

#a&ment as more full& described herein'

$%&'C I*+&%MAI&*

$roect *u-#er

$roect *a-e . A!!ress

/ork escrition

$ri-e Contract ate

&wner

$roect Arcitect

Su#contractors Scoe o /ork

Seciication Sections See i#it A7 8 Su#contractors Scoe o /ork etai

gkkworks Cost Co!e"

Su#contract A-ount

%etention $ercentage en $ercent (10:)

Aowances See i#it A7 8 Su#contractors Scoe o /ork etai

;nit $rices See i#it A7 8 Su#contractors Scoe o /ork etai


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a#e o Contents

Section Subcontract *ocuments

Section + Subcontractors $or%

Section - Subcontract Price and Schedule of .alues

Section / Progress Pa&ments

Section 0 hanges to Subcontractors $or%

Section 1 Schedule of $or%

Section 2 Subcontractors Performance

Section 3 ontractors 4ecourse

Section 5 Termination or Sus#ension

Section 6 Insurance and 7onds

Section Indemnification

Section + laims

Section - Arbitration and 8egal Actions

Section / 9iscellaneous Provisions

Attac-ents to tis Agree-ent i#it A7 8 Su#contractors Scoe o /ork etaii#it


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SCI&* 1 S;


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See i#it A7

Additional details regarding Su#contractors $or% are contained in i#it A Subcontractors Sco#e of $or% *etail, "hich is incor#orated herein'

+'+ %$%S*AI&* A S;


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end of that month, allocated among the a##ro#riate line items in Su#contractors a##roved Schedule of .alues and as re?uired b& the Subcontract *ocuments' AllInvoices must be dated and signed b& Su#contractor and include deductions for: (a)retention of 6 of the value of the "or%C (b) all #revious #a&mentsC (c) all charges formaterials and services furnished to Su#contractor b& gkkworksC (d) bac% charges b&

an& other subcontractor or material su##lierC and (e) an& other charges and deductions#rovided for b& this Agreement' Su#contractor shall submit revised Invoices untilacce#ted b& gkkworks and "ner'

/'+ S&% MA%IA=S' =nless #rohibited b& the Subcontract *ocuments and ifa##roved in "riting b& gkkworks and "ner in advance of submission of an Invoice, anInvoice ma& include materials and e?ui#ment not &et incor#orated in Su#contractors "or% but delivered to and suitabl& stored at the site or other location agreed u#on in"riting, in an amount #rovided for in the Subcontract *ocuments or 56 of the value ofthe material or e?ui#ment, "hichever is less' Su#contractor shall submit bills of sale,evidence of insurance in an a##ro#riate amount, and an& other documents that

gkkworks or "ner deem necessar& to establish "ners title to the materials ore?ui#ment and to other"ise #rotect "ners and gkkworksG interests therein untilincor#orated into Su#contractors "or%' Su#contractor shall bear all costs forstorage and trans#ortation of the material and e?ui#ment'

/'- /AIF%S A* %=ASS' As a condition #recedent to #a&ment of an&#rogress #a&ment to Su#contractor b& gkkworks , each Invoice shall be accom#aniedb& a current onditional $aiver and 4elease =#on Progress Pa&ment, in a formacce#table to gkkworks from Su#contractor and each of Su#contractors subsubcontractors and su##liers for "hich #a&ment is sought b& the Invoice, and an=nconditional $aiver and 4elease =#on Progress Pa&ment, in a form acce#table to

gkkworks from Su#contractor and each of Su#contractors subsubcontractors andsu##liers for "hich #a&ment "as #reviousl& made'

/'/ C%I+I $AB%&== A* A++IAFIS' As an additional condition #recedentto #a&ment b& gkkworks, Su#contractor shall #rovide, "ithin the time limits s#ecifiedb& the Subcontract *ocuments, certified #a&roll re#orts certif&ing that all labor includedin the Invoice "as #aid #ursuant to an& a##licable #revailing "age rates'Su#contractor shall also submit an affidavit, signed under #enalt& of #er>ur&, certif&ingthat it has #aid for all labor (including fringe benefits and #a&roll taxes), materials ande?ui#ment for "hich gkkworks has made #a&ment to Su#contractor '

/'0 IM &+ $ABM*' =nless Su#contractor is in default of its obligations underthis Agreement, gkkworks shall #a& Su#contractor the amount of Su#contractors Invoice, as a##roved b& gkkworks and "ner, "ithin ten (6) calendar da&s of gkkworks recei#t of #a&ment from "ner for Su#contractors "or%, sub>ect to allother #rovisions of this Agreement and the Subcontract *ocuments'


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/'1 $ABM* *& ACC$A*C' Pa&ment to Su#contractor shall notconstitute or im#l& acce#tance b& gkkworks or "ner of an& #ortion ofSu#contractors "or% or the full #erformance thereof'

/'2 $ABM* I* F* &+ IS$; AS & C&*%AC;A=

%H;I%M*S' In the event a dis#ute arises bet"een Su#contractor , gkkworks,andGor "ner as to the "or% to be #erformed b& Su#contractor , Su#contractor shallreceive #a&ment for its "or% according to the #rovisions and re?uirements of this

Agreement as though the& are as contended b& gkkworks or "ner' Su#contractor shall not be entitled to additional com#ensation for "or% it contends is outside the sco#eof this Agreement unless and until the dis#ute is resolved in its favor'

/'3 %H;I%M*S +&% +I*A= $ABM*' As a condition #recedent togkkworks obligation to ma%e final #a&ment, Su#contractor shall:

a) Submit an affidavit, under #enalt& of #er>ur&, that all #a&roll, #a&roll taxes,

fringe benefits, bills for material and e?ui#ment, and other indebtednessconnected "ith Su#contractors "or% for "hich "ner, gkkworks, orgkkworks suret& might in an& "a& be liable, have been #aid or other"isesatisfiedC

b) Submit a onditional $aiver and 4elease u#on Final Pa&ment, in a formacce#table to gkkworks and executed b& an authoriHed re#resentative ofSu#contractor C

c) Submit =nconditional $aivers and 4eleases u#on Final Pa&ment, in aform acce#table to gkkworks and signed b& an authoriHed re#resentative of

each subsubcontractor, material su##lier, or other entit& that #rovided an& labor,material, or e?ui#ment to Su#contractor for use in #erforming Su#contractors "or%C

d) Submit the consent of Su#contractors suret& to final #a&ment, ifre?uiredC

e) om#l& "ith all re?uired closeout #rocedures to the satisfaction ofgkkworks and "nerC and

f) Submit an& other information or documents re?uested b& "ner or

gkkworks in a form designated b& gkkworks or "ner'

$ithin ten (6) da&s of Su#contractors recei#t of final #a&ment, it shall #rovide togkkworks an =nconditional $aiver and 4elease =#on Final Pa&ment, in a formacce#table to gkkworks'

/'5 +I*A= $ABM*' Provided Su#contractor is not in default under this AgreementC there is no dis#ute bet"een Su#contractor and gkkworks or gkkworks


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and "ner regarding Su#contractors "or%C "ner and, if necessar&, the Architect,have acce#ted the Pro>ectC and gkkworks has received "ners release of all claimsrelated to Su#contractors "or% exce#t for unsettled liens or sto# notices, latentdefects, noncom#liance "ith the ontract *ocuments, or "arrant& "or%, final #a&mentshall be made no more than ten (6) calendar da&s after gkkworks recei#t from "ner

of #a&ment for Su#contractors "or%'

/'6 /AIF% &+ C=AIMSD Su#contractors acce#tance of final #a&ment shallconstitute a "aiver of an& and all claims b& Su#contractor against gkkworks, "ner,and the ArchitectGBngineer(s)'

/' IMI*? &+ $ABM*S I* F* &+ IS$; &% *&*$ABM*


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SCI&* 5 CA*?S & S; /ork %ecor!s' $ith res#ect to "or% #erformed on a timeand materials basis, Su#contractor shall #re#are a *ail& $or%4e#ort each da& that change order "or% is #erformed' The *ail&$or% 4e#ort shall include: the name and classification of eachem#lo&ee #erforming change order "or% and number of hourss#ent #erforming change order "or%C the identit& of all materials


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#urchased for and consumed in the change order "or%C and alle?ui#ment used to #erform the change order "or%' Su#contractor must obtain gkkworks su#erintendents signature on each *ail&$or% 4e#ort indicating agreement "ith the hours "or%ed, materialsconsumed, and e?ui#ment used for the change order "or%' The

su#erintendents signature shall not be deemed to be a##roval ofthe costs claimed b& Su#contractor '

0'-'+'+ Actua Costs' Su#contractor shall a##l& each em#lo&ees actualhourl& "ages to the labor hours documented on the *ail& $or%4e#ort' Su#contractor ma& charge its actual costs for em#lo&ertaxes, fringe benefits, and insurance, based on the number of hoursof labor attributed to the change order "or%' Su#contractor shallindicate the actual costs for materials consumed' B?ui#ment costsshall be billed at the then #revailing B?ui#ment 4ental 4ates asestablished b& the 7lue 7oo% for onstruction B?ui#ment #ublished

b& *ataJuest, "ith all rental costs to be determined b& dividing themonthl& rental rate b& t"ent&t"o (++) to determine the dail& rentalrate and the dail& rental rate b& eight (3) to determine the hourl&rental rate'

0'-'+'- Su#contractor .M Cange &r!er %e@uest' =#on com#letion ofthe change order "or%, or as re?uested b& gkkworks,Su#contractor shall submit a time and material change orderaccounting that shall detail the labor, materials, and e?ui#mentcharges as "ell as a##licable mar%u#s allo"ed b& the Primeontract *ocuments' Su#contractor shall attach co#ies of all*ail& $or% 4e#orts signed b& gkkworks su#erintendent, as "ellas su##orting documentation for all material and e?ui#ment costs'gkkworks ma& re?uest additional documentation, if deemednecessar& to verif& the ?uantit& and costs of labor, materials, ore?ui#ment'

0'-'+'/ i-e> $eror-ance' nce Su#contractor receives gkkworks"ritten direction, Su#contractor is solel& res#onsible for timel&#erformance of the "or% as changed b& the "ritten direction'

0'-'+'0 e!uctive Cange &r!ers' Su#contractor shall su##l&gkkworks "ith all documentation necessar& to substantiate theamount of the deduction from the Subcontract Price' In the eventgkkworks and Su#contractor cannot agree on the amount of thededuction, then Su#contractor shall com#l& "ith the re?uirementsof Section +, laims'

0'0 ++C &*


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#lans and s#ecifications, "hether made in the manner #rovided for in this #rovision ornot, shall release or exonerate, in "hole or in #art, an& bond or suret& given inconnection "ith this Agreement and no notice of an& such change, alteration,modification, or deviation need be given to such suret&'

SCI&* 6 SC;= &+ /&%E

1' IM IS &+ SS*C' Time limits stated in the Subcontract *ocuments are ofthe essence of this Agreement' 7& executing this Agreement, Su#contractor confirmsthat the contract time is sufficient for #erforming Su#contractors "or%'

1'+ SC;= &+ /&%E' gkkworks shall have com#lete control of the #remiseson "hich the "or% is to be #erformed and shall have the right to decide the time andorder in "hich the various #ortions of the "or% are to be #erformed, including therelative #riorit& of the "or% of Su#contractor and other subcontractors' A #reliminar&

Schedule of $or% is attached as i#it Schedule of $or% and incor#orated herein'gkkworks shall revise the Schedule of $or% as "or% #rogresses'

1'- S;ect "ith sufficient labor, e?ui#ment andmaterials and #erform its "or% #rom#tl& and efficientl&' Su#contractor shall not dela&the #rogress of gkkworks "or% or the "or% of an& other subcontractor' If, in theo#inion of gkkworks, Su#contractor falls behind in the #rogress of the "or% throughno fault of gkkworks, "ner, or another subcontractor, then gkkworks ma& directSu#contractor to ta%e such ste#s as gkkworks deems necessar& to im#rove the#rogress of te work to gkkworks satisactionD If directed to do so b& gkkworks, Subcontractor shall, at no cost to gkkworks, increase the number of em#lo&ees, "or%multi#le shifts, "or% overtime, increase e?ui#ment usage, "or% "ee%ends, and an&other remedies that ma&, in the o#inion of gkkworks, be re?uired to mitigate dela&'

1'/ &F%IM' Su#contractor ac%no"ledges that gkkworks ma& directSu#contractor to "or% overtime' If overtime o#erations are re?uired due to dela&scaused b& Su#contractor , then Su#contractor shall "or% overtime "ithout additional


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com#ensation' If overtime is re?uired for an& reason not the fault of Su#contractor ,then gkkworks shall reimburse Su#contractor the actual #remium time costs'

1'0 C&*%AC&%S %MIS +&% =AB' In the event Su#contractor fails to#erform its "or% as directed b& gkkworks and in accordance "ith the Schedule of

$or%, Su#contractor shall reimburse gkkworks for all damages resulting from thedela& including but not limited to li?uidated damages assessed b& "ner (D!!!!! #erda&), gkkworks increased >obsite and home office costs, and an& amounts #aid toother contractors, subcontractors or material su##liers as a result of Su#contractors dela&'

1'1 S;


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Su#contractors "or%' Su#contractor shall not em#lo&, or #ermit em#lo&ment of,unfit #ersons or #ersons not s%illed in the tas%s assigned to them'

2'0 %;?+% /&%E $=AC' Su#contractor shall maintain a drugfree"or%#lace and shall #rovide gkkworks "ith a co#& of Su#contractors "ritten #olic&

#rohibiting the unla"ful manufacture, distribution, dis#ensing, #ossession, or use ofcontrolled substances at the #ro>ect site'

2'1 *&*ISC%IMI*AI&*D Su#contractor shall not discriminate in hiring, firing,#romotion, or training against an& #erson on account of age, race, religion, nationalorigin, disabilit&, sexual orientation, gender, or gender identit&'

2'2 SA+BD Su#contractor agrees that the #revention of accidents to #ersonsengaged u#on or in the immediate "or% area is solel& its res#onsibilit&' Su#contractorshall, at its o"n cost and ex#ense, #rotect its o"n em#lo&ees, em#lo&ees of gkkworks,and all other #ersons from ris% of death, in>ur& or bodil& harm arising out of or in an&

"a& connected "ith the "or% to be #erformed under this Agreement'

Su#contractor shall com#l& "ith all la"s, ordinances, rules, regulations, codes, orders,and re?uirements concerning safet& no" in force or hereafter in effect, including but notlimited to all la"s regarding ccu#ational Kealth and Safet& 4egulations, the handlingand storage of haHardous materials, accident #revention, and safet& e?ui#ment and#ractices' It is the res#onsibilit& of Su#contractor to #rove such com#liance togkkworksD

Su#contractor shall indemnif& and hold harmless gkkworks from an& liabilit&, loss,cost, damage, or ex#ense, including attorne&s fees, "hich gkkworks ma& suffer or

incur as a result of an& cause of action, #roceeding, citation, or "or% sto##age arisingout of or in an& "a& connected to an alleged violation b& Su#contractor of an& safet&order, rule, regulation, or re?uirement, "hether or not such violation is ultimatel& #roven'If, in the o#inion of gkkworks, an& of Su#contractors em#lo&ees are engaging in an&unsafe act, Su#contractors management "ill be #rom#tl& notified and shallimmediatel& remed& the unsafe conduct' If not #ro#erl& remedied in a timel& manner,gkkworks ma& ta%e remedial action, including "ithholding #a&ments, removal ofSu#contractor from >obsite, and termination of this Agreement'

Su#contractor shall designate one #erson to be the safet& coordinator' This #ersonshall be %no"ledgeable "ith the industr&, standard safet& #ractices, gkkworks and

Su#contractors safet& #rocedures' Su#contractor is re?uired to com#l& "ithgkkworks Safet& Plan and Pro>ect $or% 4ules listed in i#it ' Noncom#liance"ill result in termination of this Agreement' An& in>ur& to an& of Su#contractorsem#lo&ees shall be re#orted to gkkworks in "riting "ithin +/ hours of the in>ur&'

Su#contractor shall hold "ee%l& safet& meetings for all of its "or%ers at the #ro>ect siteand shall #rovide "ritten confirmation thereof to gkkworks using an a##roved form'$hen so ordered, Su#contractor shall sto# an& #art of the "or% that gkkworks deems


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unsafe until corrective measures satisfactor& to gkkworks have been ta%en'Su#contractor shall #rom#tl& submit co#ies of all accident and in>ur& re#orts togkkworks'

2'3 *FI%&*M*A= $%&CI&*D The environment shall be #rotected at all

times and Su#contractor , its subsubcontractors, and its em#lo&ees shall abide b& allfederal and state environmental la"s and regulations' If rec&cling is re?uired b& theSubcontract *ocuments, Su#contractor shall rec&cle a##ro#riate materials incoordination "ith gkkworks #ro>ect staff'

2'5 ;S &+ AKA%&;S S;


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be returned "ithout revie"' Su#contractor ac%no"ledges that the Architect ma&charge to revie" re?uests for substitution, "hether a##roved or re>ected'Su#contractor shall indemnif& gkkworks for an& increased costs incurred b&gkkworks as a result of such substitutions, "hether or not Su#contractor has obtaineda##roval thereof'

2'- =AB&; %S$&*SIectbut in no event more than t"ent&four (+/) hours from discover&'

2'0 $%&CI&* &+ /&%E, MA%IA=S, A* H;I$M*D Su#contractor shall ta%e all necessar& #recautions to #ro#erl& #rotectSu#contractors "or% and the "or%, materials, and e?ui#ment of others from damagecaused b& Su#contractors o#erations' Su#contractor shall have the soleres#onsibilit& for the #ro#er storage and #rotection of its materials, tools, and e?ui#mentstored at the site' An& loss resulting from damage, theft, or other casualt& #rior to theincor#oration of such materials into the "or% and acce#tance thereof b& gkkworks and"ner shall be borne b& Su#contractorD Should Su#contractor cause damage to the"or% or #ro#ert& of "ner, gkkworks, or others, Su#contractor shall #rom#tl& remed&such damage to the satisfaction of gkkworks'

2'1 C&&$%AI&* /I &%S' Su#contractor shall coo#erate "ithgkkworks, other subcontractors, and "ners o"n forces or other contractors, "hose"or% might interfere "ith Su#contractors "or%' Su#contractor shall #artici#ate in the


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#re#aration of coordinated dra"ings in areas of congestion, if re?uired to #reventconflicts "ith the re?uirements of other subcontractors, gkkworks, or "ners o"nforces or other contractors' Su#contractor shall, at all times allo" access to its "or%b& other subcontractors, gkkworks, "ner, and "ners contractors' Su#contractor shall allo" earl& occu#anc& of areas that are com#leted #rior to com#letion of the entire

Pro>ect'

2'2 I*S$CI&*D $hen an& #ortion of Su#contractors "or% is read& forins#ection, Su#contractor shall notif& gkkworks in "riting, on a##roved forms, insufficient time to allo" gkkworks to notif& the ins#ecting authorities that the "or% isread& for ins#ection' Failure to #ro#erl& and timel& #rovide notice of, or receive,re?uired ins#ections is not cause for an extension of time' Su#contractor shall at alltimes furnish gkkworks, "ner, or their re#resentatives "ith ade?uate facilities forins#ecting materials at the site or at an& #lace "here materials under this Agreementma& be in the course of #re#aration, #rocessing, manufacture or treatment' gkkworks ma& be #resent at an& ins#ection'

2'3 C=A*;$' Su#contractor shall follo" gkkworks cleanu# directions andshall at all times %ee# the Pro>ect free from debris and unsafe "or%ing conditions arisingfrom Su#contractors "or%' At the end of each da&, Su#contractor shall consolidateits debris at a #lace designated b& gkkworks and shall remove its debris from the >obsite immediatel& u#on com#letion of each #hase of Su#contractors "or% or asdirected b& gkkworks' Su#contractor is to leave all areas "here it is #erforming "or%in broom clean condition at the end of each "or% da&'

2'5 =Aob site or from an& other activities ofSu#contractor' Su#contractor is obligated to #erform its "or% "ithout interru#tion ordela& in the event of #ic%eting or an& other labor dis#ute, "hether or not the #ic%eting orlabor dis#ute involves Su#contractor ' If a #ic%et line is #ut in #lace, gkkworks ma&set u# an alternate” gate for Su#contractors use' If an alternate; gate is established,Su#contractor shall ensure that its em#lo&ees, #ersonnel, visitors, and su##liers utiliHethe gate designated for Su#contractor ' Should interru#tion or dela& occur that is "ithinthe control of Su#contractor to #revent, Su#contractor shall be res#onsible for an&damages, dela&s, or costs incurred b& gkkworks'

2'+6 /A%%A*BD Su#contractor "arrants all materials, e?ui#ment, and"or%manshi# #rovided under this Agreement for a #eriod of one () &ear or such longer#eriod as ma& be #rovided in the Subcontract *ocuments or b& the e?ui#mentmanufacturer or su##lier' Su#contractor "arrants to gkkworks and "ner thatmaterials and e?ui#ment furnished under this Agreement "ill be of good ?ualit& andne" unless other"ise re?uired or #ermitted b& the Subcontract *ocuments, thatSu#contractors "or% "ill be free from defects not inherent in the ?ualit& re?uired or#ermitted, and that Su#contractors "or% "ill conform to the re?uirements of the


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Subcontract *ocuments' Su#contractor shall furnish satisfactor& evidence as to the%ind and ?ualit& of materials and e?ui#ment, if re?uested b& gkkworks to do so'

$or% not conforming to these re?uirements, including substitutions not #ro#erl&a##roved and authoriHed, ma& be considered defective' Su#contractor shall #rom#tl&

amend and ma%e good an& defective materials, e?ui#ment, or "or%manshi# to thea##roval and acce#tance of "ner, g%%"or%s, or "ners re#resentative'

If Su#contractors "or% includes roofing, "ater#roofing, gravel sto#s, flashing, orcounter flashing, Su#contractor agrees to guarantee that roofing, "ater#roofing,gravel sto#s, flashing, and counter flashing shall remain in a "ater tight conditions forthe number of &ears s#ecified in the Prime ontract *ocuments or, in an& case, not lessthan t"o &ears' If the "ater#roof s&stem or roof lea%s, Su#contractor agrees toimmediatel& ma%e all necessar& #ermanent re#airs to #roduce a "ater tight condition'Su#contractor shall re#air all damage caused b& lea%s at its o"n ex#ense Su#contractor shall reimburse gkkworks for an& costs incurred to re#air "ater

damage to the "alls, ceilings, fixtures, furnishings, #aintings, or decorations caused b&the lea%s' Su#contractor shall remove and re#lace an& "or% necessar& to gain accessto the roofing or "ater#roof membranes being maintained or re#aired'

If Su#contractors "or% includes #lumbing, heating, air conditioning, electrical, fires#rin%ler, or #rocess #i#ing, Su#contractor guarantees the #i#ing or conduit s&steminstalled b& Su#contractor to be "ater tight' Su#contractor shall re#air all damagecaused b& lea%s at its o"n ex#ense' Su#contractor shall reimburse gkkworks for an&costs incurred to re#air "ater damage to the "alls, ceilings, fixtures, furnishings,#aintings, or decorations caused b& the lea%s' Su#contractor shall remove and re#lacean& "or% necessar& to gain access to the #lumbing, heating, air conditioning, electrical,fire s#rin%ler, or #rocess #i#ing being re#aired or maintained'

If Su#contractors "or% includes glass or glaHing, curtain or "indo" "all, or store front,Su#contractor guarantees the glass, glaHing, curtain or "indo" "all installed b&Su#contractor to be "ater tight' Su#contractor shall re#air all damage caused b&lea%s at its o"n ex#ense' Su#contractor shall reimburse gkkworks for an& costsincurred to re#air "ater damage to the "alls, ceilings, fixtures, furnishings, #aintings, ordecorations caused b& the lea%s' Su#contractor shall remove and re#lace an& "or%necessar& to gain access to the glass, glaHing, curtain or "indo" "all being maintainedor re#aired'

2'+ $%&'C &


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#osted as described gkkworks can #rovide such a bond and bac%charge Subcontractorfor the #remium'

2'++ C&*%AC&%S %I? & ASS;%A*CSD gkkworks shall have the right atall times to contact Su#contractors subcontractors, su##liers, and, if a##licable, union

trust funds to verif& that the& are being #aid b& Su#contractor for labor or materialsfurnished for use in Su#contracts "or%' If it a##ears that labor, material, fringebenefits, or other costs incurred in the #erformance of Su#contractors "or% are notbeing #aid "hen due, gkkworks ma& ta%e "hatever ste#s its deems necessar& toinsure that #rogress #a&ments "ill be utiliHed to #a& such costs, including but not limitedto the issuance of >oint chec%s #a&able to the claimant'

$hen re?uested b& gkkworks, Su#contractor shall furnish to gkkworks a verified anditemiHed statement sho"ing the names and addresses of all entities "ho have furnishedor ma& furnish labor, materials, andGor e?ui#ment for use b& Su#contractor in#erforming its "or%, or to "hich fringe benefit #a&ments are made under a collective

bargaining agreement, together "ith the amount due or to become due for such "or%'Ko"ever, gkkworks has no obligation to verif& an& #a&ments b& Su#contractor '

2'+- %&BA=IS, $A*S A* C&$B%I?SD Su#contractor shall #a& allro&alties and license fees, shall defend suits or claims for infringement of co#&rights and#atent rights, and shall hold gkkworks and "ner harmless from loss on accountthereof' Su#contractor shall not be res#onsible for such defense or loss "hen a#articular design, #rocess or #roduct of a #articular manufacturer is re?uired b& theSubcontract *ocuments or "here the co#&right violations are contained in theSubcontract *ocuments'

2'+/ SI?*S' Su#contractor shall not #lace an& signs on an& #ortion of an& building,#ro#ert&, or fence "ithout #rior "ritten authoriHation from gkkworks'

SCI&* L C&*%AC&%S %C&;%S

3' *&IC & C;%' If, in the o#inion of gkkworks, Su#contractor is in breachof an& #rovision of this Agreement, gkkworks ma& #resent a Notice to ure, identif&ingthe breach' Su#contractor shall commence and continue satisfactor& correction ofsuch breach "ith diligence and #rom#tness "ithin fort&eight (/3) hours after service of"ritten notice to Su#contractor or Su#contractors authoriHed re#resentative' TheNotice to ure ma& be served #ersonall&, b& fax, or electronic mail to Su#contractor 'In the event of an emergenc& affecting #erson or #ro#ert&, gkkworks ma& ta%e an& andall actions it deems necessar&, "ithout notice to Su#contractor '

3'+ +AI=;% & C;%


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a) Furnish such labor, material, e?ui#ment, and other facilities, either directl&or through one or more subcontractors, as gkkworks deems necessar& tocom#lete or correct Su#contractors "or%, or an& #art thereofC

b) $ithhold #a&ment of an& monies due Su#contractor under this Agreement #ending corrective action to the extent re?uired b& and to thesatisfaction of gkkworksC or

c) Terminate this Agreement and com#lete the "or% itself or cause the "or%to be com#leted b& others' gkkworks ma& ta%e immediate #ossession ofall of Su#contractors material, su##lies, tools, a##liances, ande?ui#ment at the >ob site and use same "ithout #a&ment of rent or othercom#ensation to Su#contractor or liabilit& to Su#contractor for an&damages arising from said use unless resulting from gross negligence or"illful destruction b& gkkworks' An& unused material, su##lies, tools,

a##liances, and e?ui#ment remaining after Su#contractors "or% iscom#leted "ill be returned to Su#contractor '

3'- C&SS & C&M$= &% C&%%C /&%ED Su#contractor and, ifa##licable, Su#contractors suret&, agree to #a& gkkworks for the cost of labor andmaterials to com#lete Subcontractors sco#e of "or%, #lus 6 for field overhead and0 for home office overhead and fee, to the extent that the costs exceed thesubcontract amount'

3'/ AMA?S&++SSD $ith res#ect to an& damages sustained b& gkkworks b&reason of Su#contractors breach of this Agreement, including costs to res#ond to an&mechanics lien or sto# notice claim, and "ith res#ect to an& costs, ex#enses, or otheramounts o"ing b& Su#contractor to gkkworks, gkkworks shall be entitled to deductthe same from an& #a&ments due or to become due to Su#contractor under this or an&other subcontracts or agreements bet"een Su#contractor and gkkworks' If an&damages, costs, ex#enses, claims, or other amounts o"ed b& Su#contractor togkkworks shall exceed the un#aid balance of the Subcontract Price, gkkworks shallbe entitled to offset such excess against an& funds in gkkworks #ossession o"ed to orclaimed b& Su#contractor or against an& sums no" or then due or becoming dueSu#contractor from an& source "hatsoever' Su#contractor shall be liable for the#a&ment of an& amount due gkkworks in excess of the amounts due, or to becomedue, to Su#contractor'

3'0 S;


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un>ustified, or "rongful removal of Su#contractor from the Pro>ect' Su#contractors sole and exclusive remed& for removal from the Pro>ect, "hen made "ith the #ermissionof "ner, shall be an a##eal, "rit, or other legal remed& see%ing to overturn "nersdetermination that legal grounds exist for Su#contractors removal from the Pro>ect'

3'1


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5'- %MI*AI&* +&% C&*F*I*CD Not"ithstanding an& other #rovision ofthis Agreement, gkkworks reserves the right to terminate this Agreement forgkkworks convenience, "ithout cause' If so terminated, Su#contractor shall beentitled to the follo"ing costs and no others: cost of "or% actuall& com#leted inconformit& "ith the re?uirements of this Agreement and the Subcontract *ocumentsC

?uantifiable costs actuall& incurred b& Su#contractor in connection "ith the "or%#erformed b& Su#contractor C #lus an amount overhead and #rofit *& to ecee! fifteen #ercent (0) of all costs'

5'- S;S$*SI&* &% %MI*AI&*


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6'7 AII&*A= I*S;%' gkkworks and the "ner shall be added asadditional insureds, together "ith an& other entities re?uired b& the Subcontract*ocuments to be named as additional insureds, under Su#contractors ommercial


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form conforming "ith i#it ?Eertificate of Insurance and shall #rovide that each ofthe #olicies identified therein shall not be sus#ended, cancelled, reduced in coverage,reduced in re?uired limits of liabilit&, reduced in amounts of insurance, or nonrene"ed"ithout thirt& (-6) da&s notice in "riting delivered to gkkworks b& registered mail togkkworks cor#orate office at ++-0 9ain Street, Irvine, alifornia 5+1/'

Su#contractors insurer(s) failure or refusal to #rovide the re?uired thirt& (-6) da&snotice, shall not release Su#contractor from this notice #rovision'

gkkworks has the right to re?uire Su#contractor to submit for gkkworks revie" acertified co#& of the #olic& (or #olicies) identified in the certificate of insurance' Shouldan& #olic& ex#ire or be canceled before the termination of all obligations arising underthis Agreement, and Su#contractor fails to immediatel& #rocure re#lacement insuranceas re?uired b& this Section 6, then gkkworks reserves the right, but shall have noobligation, to #rocure such insurance and to deduct the cost thereof from an& sum dueSu#contractor under this Agreement' gkkworks reserves the right to "ithhold#a&ment should Su#contractor fail to com#l& "ith all the insurance #rovisions

described in this Section 6'

Should Su#contractor cease to do business and discontinues an& insurance re?uiredb& Section 6, Su#contractor shall #rovide gkkworks and "ner "ritten notice notless than ninet& (56) da&s #rior to the discontinuance of coverage'

6'- AMA?S' Nothing contained in the insurance re?uirements of this Section 6ma& be construed as limiting the te, ?ualit& or ?uantit& of insurance Su#contractor shall maintain, or the extent of Su#contractors liabilit& for #a&ment of damagesresulting from its o#erations under this Agreement' The carr&ing of the insurance asre?uired herein ma& not be construed to be a limitation of liabilit& on the #art ofSu#contractor '

6'/ /&%E%S C&M$*SAI&* I*S;%A*CD Su#contractor shall maintain$or%ers om#ensation Insurance including Bm#lo&ers 8iabilit& Insurance in theminimum amounts of D,666,666 for bodil& in>ur& b& accident and D,666,666 for bodil&in>ur& b& disease, for all #ersons "hom it em#lo&s in carr&ing out "or% under this

Agreement' Such insurance shall be maintained in strict conformance "ith there?uirements of the most current and a##licable "or%ers com#ensation la"s'

6'0 C&MM%CIA= ?*%A= =IA


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c' Products and om#leted #erations s#ecificall& covering allliabilities arising from the "or% #erformed under this Agreement fora #eriod of five (0) &ears follo"ing Final Acce#tance of the "or% b&"ner

d' ontractual 8iabilit& s#ecificall& covering the indemnification set

forth in Section of this Subcontract Agreemente' 7road Form 8iabilit& Bndorsement s#ecificall& covering "or%#erformed b& or on behalf of Su#contractor under this Agreement

f' Severabilit& of Interest affording se#arate 8iabilit& coverage foreach #erson or organiHation insured

g' Bx#losion, olla#se and =nderground KaHards (M,,=) 8iabilit&

The general liabilit& insurance re?uired b& this Section 6'0 ma& not include a moldexclusion, nor ma& it include a #rior acts exclusion or #rior loss exclusion that reduces,limits or excludes coverage for an& bodil& in>ur& or #ro#ert& damage not %no"n b&g%%"or%s to exist #rior to the commencement of the #olic& #eriod, nor ma& it include a

crosssuits exclusion that reduces, limits or excludes contractual liabilit& coverage forthe indemnification set forth in Section of this Agreement'

Not"ithstanding the re?uired limit of liabilit& #er occurrence, the general liabilit&insurance re?uired b& this Section 6'0 ma& contain an annual general aggregate limit(for ongoing o#erations onl&) of not less than D+,666,666, and a #roducts andcom#leted o#erations aggregate limit of not less than D+,666,666, each a##licablesolel& to the Pro>ect "hich is the sub>ect of this Agreement'

6'1 A;&M&


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LI*S%;CI&*S ;S +&==&/I*? 10DJ (F%SI&* O2) +&% ?&%?IA &*=BP

6'2 (version +) AII&*A= I*S;%S' Su#contractor "ill #rocure, "ithres#ect to all of the insurance re?uired b& this Section 6, an endorsement or

endorsements naming or other"ise identif&ing gkkworks and "ner, and theirres#ective officers, directors, shareholders, agents, re#resentatives, em#lo&ees,#artners, divisions, subsidiaries, andGor affiliated com#anies as insureds for an& and allliabilit&, ecet or te S&= negigence o gkkworks an! &wner , "hich is in an&"a& connected to, or arising out of, the #erformance of, or failure to #erform "or% underthis Agreement' The form of the additional insured endorsement shall be no less thanthat #rovided b& IS Form +6 6(30 edition) affording coverage for both ongoingand com#leted o#erations'

Bach additional insured endorsement must contain the follo"ing or e?uivalent language:This insurance is #rimar&' An& other insurance maintained b& an& #erson or

organiHation ?ualif&ing as an insured under this endorsement shall be excess and noncontributing "ith this insurance as res#ects liabilit& arising out of an& act or omission ofthe named insured or of an& #erson or organiHation on the named insureds behalf';

LI*S%;CI&*S ;S +&==&/I*? 10DJ (F%SI&* O3) +&% A== &%SAS *& =IS A


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re?uired herein' This Professional 8iabilit& or *esign 8iabilit& Insurance shall #rovidelimits of not less than D+,666,666 #er occurrence #er &ear and be maintained for five (0)&ears follo"ing com#letion of the Pro>ect'

6'5 udged aban%ru#t #rior to the com#letion of this Agreement, Su#contractor shall immediatel&furnish another bond, at Su#contractors ex#ense and at no additional cost togkkworks, in the full Subcontract Amount, executed b& a ne" suret& com#an& on theTreasur& 8ist and acce#table to gkkworks'

SCI&* 11 I*M*I+ICAI&*

' +I*II&*SD For #ur#oses of this Section , Indemnified Parties; shallmean: gkkworks, all subsidiaries, divisions, and affiliated com#anies of gkkworks, andall of their re#resentatives, #artners, designees, officers, directors, shareholders,


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em#lo&ees, consultants, agents, successors, and assigns, and an& lender "ith aninterest in the Pro>ect'

For #ur#oses of this Section , laim; and laims; shall include an& claims,demands, suits or demands for arbitration of ever& %ind or nature that ma& arise from or

are alleged to arise from Subcontractors #erformance or failure to #erform #ursuant tothis Agreement'

LI*S%;CI&*S ;S +&==&/I*? 11D2 (F%SI&* O1) +&% A=ASEA, A%IK&*A,A%EA*SAS, CA=I+&%*IA, ?&%?IA, A/AII, IA&, I*IA*A, MA%B=A*,MICI?A*, */ '%SB, S&; CA%&=I*A, S&; AE&A, **SS, FI%?I*IA,

A* /S FI%?I*IA ' These states do not allo" agreements that indemnif& a #art& fornegligence solel& attributable to that #art&@

'+ (.ersion ) * &+ I*M*I+ICAI&*D T TKB F=88BST BMTBNTPB49ITTB* 7 8A$, S=7NT4AT4 A


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B9P8BBS F49 AN* A


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$KIK $=8* TKB4$ISB BMIST AST T AN PA4T 4 PB4SN*BS4I7B* IN TKIS PA4A


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a claim as re?uired b& this Section +' shall constitute a "aiver of the claim'Not"ithstanding these time limits, Su#contractor shall ma%e all claims to gkkworks sothat gkkworks has at least five (0) calendar da&s in "hich to satisf& an& time limits forsubmission of claims under the Prime ontract *ocuments' Su#contractor shall bebound b& the determination of "ner or, in the event of a legal action or #roceeding or

arbitration, b& the outcome of same and shall be entitled onl& to its #ro#ortionate shareof an& net recover&, less overhead and #rofit to gkkworks (to be determined #ursuantto Section 3'-) and less gkkworks ex#enses' Su#contractor shall #ost "hateversecurit& ma& be re?uired b& gkkworks to cover costs and ex#enses as a condition ofgkkworks #roceeding on Su#contractors behalf'

+'+ C=AIMS %=AI*? & C&*%AC&%D Su#contractor shall give gkkworks"ritten notice of all claims not included in Section +', including notice of an& dis#ute"hether #articular "or% is a change in the "or% described in Section +', "ithin thesame time frames noted in Section +'' Should Su#contractor fail to #rovide notice"ithin the time re?uired, such claims shall be deemed "aived'

+'- F%I+ICAI&* &+ C=AIMS' An& claims submitted b& Su#contractor #ursuantto Sections +' or +'+ shall be su##orted b& evidence establishing the basis of theclaim and evidence establishing the amount of an& claimed damages'

+'/ C&*%AC&% *& %H;I% & $%S* +A=S C=AIMSD If, in the sole >udgment of gkkworks, an& claim submitted b& Su#contractor #ursuant to Sections+' or +'+ constitutes a false claim as defined b& a##licable State or Federal la", thengkkworks ma& "ithdra" or abandon said claim and Su#contractor shall recovernothing from "ner or gkkworks'

+'0 S;


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shall be initiated at the direction of gkkworks, the "ner, an& other a##licableSu#contractor , or an& other #art&';

-'+ '&I*% I* A%udgment ma& be entered u#on inaccordance "ith a##licable la" in an& court having >urisdiction thereof' Su#contractor shall have no right to >oin an& arbitration #roceeding bet"een "ner and gkkworksexce#t as set forth in this Section'

-'- C&*%AC&%S =CI&* & A%ect matter of an arbitrationor court action bet"een "ner and gkkworks, u#on demand b& g%%"or%s,Su#contractor shall sta& the court action #ending resolution of the arbitration bet"eengkkworks and "ner' Should Su#contractor fail to voluntaril& sta& the action, it shallbe liable to gkkworks for all costs and ex#enses, including attorne& fees, incurred b&gkkworks in obtaining a court order sta&ing the action'

-'1 F*;D If gkkworks or Su#contractor shall bring an& legal action or#roceeding against the other, or to "hich the other is a #art&, it is agreed that suchaction shall onl& be brought in a State or Federal court located "ithin the State in "hichthe Pro>ect is located'


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SCI&* 14 MISC==A*&;S $%&FISI&*S

/' =A/ A* ++CD This Agreement shall be governed b& the la"s of the Statein "hich the Pro>ect is located'

/'+ SF%Audgment goes b& default, the attorne&s fees a"arded shall not be com#uted inaccordance "ith an& court schedule but shall be such as to full& reimburse all attorne&sfees incurred in good faith, regardless of the siHe of the >udgment, it being the intentionof the #arties to full& com#ensate for all attorne&s fees, ex#ert fees, costs, andex#enses #aid or incurred in good faith and necessar& to ma%e the Prevailing Part&"hole'

/'/ I=S' The titles given to the sections of this Agreement are for ease ofreference onl& and shall not be relied u#on or cited for an& other #ur#ose'

/'0 *I% A?%M*' This Agreement is solel& for the benefit of thesignatories hereto' This Agreement is the entire and integrated agreement bet"eenthe #arties and su#ersedes all #rior #ro#osals, bids, corres#ondence, negotiations,re#resentations, or agreements, "hether "ritten or oral' This Agreement ma& bemodified onl& b& a "riting signed b& both #arties'

/'1 %MS' The terms of this Agreement are contractual and the result ofnegotiations bet"een the #arties hereto' Accordingl&, an& rule of construction ofcontracts stating that ambiguities are to be construed against the drafting #art& shall notbe em#lo&ed in the inter#retation of this Agreement'


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/'2 /%I* *&IC' =nless ex#ressl& #rovided other"ise, "ritten notice shall bedeemed to have been dul& served if delivered in #erson to the individual or a member ofthe firm or entit& or to gkkworks or Su#contractors authoriHed re#resentative, or ifdelivered at or sent b& registered or certified mail to the last business address %no"n tothe #art& giving notice'

/'3 %I?S A* %MIS' *uties and obligations im#osed b& the Subcontract*ocuments and rights and remedies available thereunder shall be in addition to and nota limitation of duties, obligations, rights, and remedies other"ise im#osed or availableb& la"'

/'5 S;


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!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!! !!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!Title Title

!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!! !!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!*ate *ate


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I


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I


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I


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Iect haHard freeand #rovide the safest "or%ing conditions #ossible, "e ex#ect all site #ersonnel to learn and

#ractice the follo"ing basic "or% rules' In addition to the rules listed belo", Su#contractor must com#l& "ith all rules contained in Section 2 of this Agreement, #ro>ect s#ecific "or% rules,and all local, count&, state and federal regulations andGor agenc& #olicies' Please Seeg&&'or& Project Superintendent or Project Manager for additional information.

'o# Site uties, Con!uct . ress Co!e"' Alcohol and drugs are strictl& #rohibited on all >ob sites' An&one found to #ossess, sell

or use drugsGalcohol or an& controlled substance at an& >ob site "ill be sub>ect toimmediate removal from the >ob site'

+' Smo%ing is not #ermitted in an& building or "ithin 06 feet of an& "or% area on all >obsites'

-' Su#contractors #ersonnel shall dress in an a##ro#riate and #rofessional manner and

as re?uired b& SKA, gkkworks and gkkworks clients' At a minimum this includes"or% boots, sleeved shirts (of at least four inches in length) and full length #ants'lothing, hardhats, and an& item brought onto the #ro>ect site shall not exhibit an&#rofanit&, dra"ing, "riting, or an& visual exam#le that ma& be construed as gangrelated, of #oor taste or in an& "a& be considered harassment in an& form'

/' gkkworks "ill #rovide sanitation facilities, tem#orar& utilities, and safet& lighting unlesss#ecificall& noted other"ise' *rin%ing "ater and an& s#ecial tas% lighting is theres#onsibilit& of the Su#contractorD

0' Su#contractor agrees that it "ill have its Su#erintendent andGor Foreman attend"ee%l& subcontractor coordination and #lanning meetings held b& gkkworks'

1' Su#contractorGs Su#erintendent or Foreman "ill be re?uired to submit aSubcontractorQs *ail& 4e#ort to gkkworks office on the form #rovided b& gkkworks'

This form shall be submitted at the end of each da&'2' Su#contractor shall schedule, coordinate and obtain all ins#ections for its "or% as

re?uired b& an& authoriHed agenc& or a##licable code, "hether #erformed b& the"nerQs testing agenc& or b& governing >urisdictions' Arrangements for the ins#ectionof an& area, s&stem, e?ui#ment, etc', needing testing or ins#ection #rior to beingcovered u# must be made b& Su#contractor in sufficient time and scheduled in atimel& manner to avoid im#acts to the construction schedule'

3' The "or%ing hours are J"00AM to 4"00$M or as determined gkkworks in com#liance"ith local it& ordinances' The #ro>ect schedule "ill be maintained regardless of there?uired start time as dictated b& the it&'

5' No Su#contractor em#lo&ee ma& bring hisGher friends, famil& members, #ets, radios,to the >ob site "ithout "ritten authoriHation from gkkworks Su#erintendent'

6' As7uilt dra"ings are to be maintained and u#dated "ee%l& in gkkworks >obsitetrailer' Progress #a&ments "ill be held until asbuilt dra"ings are made current'

' Su#contractors em#lo&ees shall be at their best behavior "hile on or around the#ro>ect site' No loud or )na**ro*r)ate +anguage or behavior "ill be tolerated' Noiseis to be %e#t at a minimum' An& violations shall be cause for immediate removal ofem#lo&ee(s) from #ro>ect site'

+' Su#contractor shall furnish the name and emergenc& or home tele#hone number ofthe cor#orate or com#an& officer, general su#erintendent, and #ro>ect su#erintendentor foreman'


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!!!!!!!!!!!!!!!!!!!!!!!!!or#orate fficer KomeGBmergenc& Phone No'

!!!!!!!!!!!!!!!!!!!!!!!!!

' Su#contractor "ill ensure its com#an&s o#erations are in full com#liance "ith SKA

and other regulator& re?uirements to remain free of violations' The Su#contractor "illensure all a##licable em#lo&ees have received the necessar& training on haHardsrelevant to this >ob site including but not limited to: fall #rotection, confined s#ace entr&,fire #rotection, emergenc& action #lans, electrical safet&, #o"ered industrial truc%

o#erations and first aid'+' Kard hats "ill be "orn b& ever& #erson, throughout all #hases of the #ro>ect, until the

hard hat re?uirement is removed b& announcement of gkkworks Su#erintendent atthe com#letion of construction' All #ersonnel "ill "ear a##licable e&e #rotection "herea##licable haHards exist, in accordance "ith SKA regulations and ANSI standard+32'' Su#contractor "ill also ensure all em#lo&ees "ear other a##ro#riate #ersonal#rotective e?ui#ment "hen conditions "arrant or regulations re?uire (e'g': hearing,res#irator&, face)' Su#contractor "ill hold "ee%l& >ob site safet& meetings and#rovide documentation to gkkworks Su#erintendent'

-' Su#contractor "ill #rovide 9aterial Safet& *ata Sheets (9S*S) to gkkworksSu#erintendent #rior to bringing an& haHardous materials on site' Su#contractor "illensure all of its em#lo&ees have access to a##licable material safet& data sheets and

are #ro#erl& trained on their contents'/' Su#contractor "ill maintain and ma%e available a com#lete In>ur& and Illness

Prevention Program (IIPP) as re?uired b& SKA' A co#& must be made and turnedinto gkkworks Su#erintendent before Su#contractor begins "or% at the >ob site'gkkworks "ill neither a##rove nor disa##rove of Su#contractors IIPP but ma& fromtime to time ma%e recommendations' At minimum, Su#contractor shall be bound togkkworks #ro>ect safet& re?uirements'

0' All accidents to or b& Su#contractors #ersonnel or e?ui#ment "hich occur at >ob siteshall be re#orted to gkkworks Su#erintendent "ithin eight hours or b& the end of theshift and co#ies of accident re#orts "ill be given to gkkworks "ithin +/ hours of theoccurance (Note that a com#lete re#ort ma& not be available due to incom#leteinvestigaiton, ho"ever a basic re#ort shall be #rovided)'

1' Su#contractor "ill ensure that gkkworks Su#erintendent and all other affected#ersonnel on the >ob site are advised of an& haHards created b& Su#contractors "or%' Su#contractors "or%ers causing unsafe conditions or engaging in unsafe"or% #ractices "ill not be tolerated and ma& be sent off the >ob at the discretion ofgkkworks' *efeating a safet& device shall be cause for the em#lo&ee and hisGherforeman to be #ermanentl& removed from the #ro>ect'

2' $here hot "or% #oses a fire haHard, Su#contractor "ill #rovide the a##licable fireextinguisher (A, 7, , or *) and location information to gkkworks Su#erintendent anda ?ualified fire "atch' Su#contractor "ill not be #ermitted to store flammable li?uids


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"ithin >ob site buildings' Su#contractor shall terminate all hot "or% at least t"o (+)hours before the end of the normal "or%da& exce#t "ith "ritten #ermission fromgkkworks Su#erintendent' A hot "or% #ermit; or site s#ecific #olic& shall be#rovided to gkkworks before such "or% begins'

3' Su#contractor "ill #rovide its o"n com#etent #ersons "hen em#lo&ees are onscaffolds, in excavations or for other a##licable haHardous activities' Su#contractor

"ill notif& gkkworks Su#erintendent of an& em#lo&ees medical condition, unusualo#erational re?uirements, securit& issues or extraordinar& conditions that ma& createadverse circumstances or "arrant s#ecial attention' All haHards created b&Su#contractor "ill be #ro#erl& secured, covered, signed or other"ise #rotected so asto #reclude in>ur& or illness to other site #ersonnel'

5' For all helico#ter and crane o#erations, Su#contractor is res#onsible to notif&gkkworks Su#erintendent at least one "ee% in advance of the o#eration and "ill havethe helico#ter or crane com#an&, "hichever is a##licable, name gkkworks andgkkworks lient as additional insureds #er this Agreement' A site s#ecific #olic& and#rocedure regarding lifts using a helico#ter shall be #rovided to gkkworks before "or%is initiated' gkkworks "ill not a##rove or dis#rove the lift #rocedure and all such "or%is underta%en at Su#contractors sole ris%'

6' Su#contractor shall #rovide Su#contractors Bmergenc& ontact 8ist and a co#& ofits site safet& #lan'

' Su#contractor agrees that if it becomes necessar& to remove, re#lace or interfere"ith an& safet& devices, barricades, or controls installed b& gkkworks or anothersubcontractorC Su#contractor "ill re#lace or restore such devices or controls at itsex#ense' Su#contractor shall monitor and #ost re?uired "arnings of unsecuredconditions until re#laced or restored' In the event such safet& devices or controls arenot so re#laced, Su#contractor agrees to reimburse gkkworks for all costs ofre#lacement'

+' Su#contractor shall adhere to all SKA standards and re?uirements to #erform this"or% in a safe and legal manner' Su#contractor shall #rovide co#ies of annual alSKA Permits and a##ro#riate Activit& Notifications or Permits if Su#contractor does

not hold an annual #ermit' These co#ies must be submitted #rior to mobiliHation'-' Su#contractor shall #rovide all necessar& #recautions to #rotect ad>oining #ro#ert&

and streets during Su#contractors "or% and monitor same'/' Should an& construction, e?ui#ment or material, regardless of o"nershi# or

#ossession, be involved in an occurrence, incident or accident, it "ill be the right anddut& of gkkworks to collect and store all such e?ui#ment in a safe secure #lace untilsuch time as the e?ui#ment is formall& released in "riting b& gkkworks Safet&9anager'

'o# Site Activit>' Su#contractor is to obtain all #ermits for its trade(s) as re?uired b& SKA'+' Su#contractor shall #rovide a #ersonnel "or% schedule, including start and finish

times, for a##roval b& gkkworks Su#erintendent'-' All staging and storing of material and tools are to ta%e #lace in assigned areas onl&'

The securit& of the #ro#ert& and #ersonnel of Su#contractor are the res#onsibilit& ofSu#contractor '

/' Par%ing is the res#onsibilit& of Su#contractor ' Su#contractor shall coordinate#ar%ing for its em#lo&ees, subconcontractors, and vendors "ith gkkworks Su#erintendent' gkkworks cannot be held res#onsible or liable for damaged vehicles'

0' An& "or% (i'e' tieins or shut do"ns) must be done onl& after notification to anda##roval b& gkkworks Su#erintendent'


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1' Tem#orar& toilets and "ash stations "ill be designated for construction #ersonnel use'2' Su#contractor "ill #rovide its o"n e?ui#ment for fire #rotection, atmos#heric

monitoring, and first aid'3' Su#contractors em#lo&ees, subsubcontractors, and vendors are not allo"ed on site

"ithout gkkworks su#ervision'

e /ork"' An& monuments, bench mar%s, lines, grades and sta%ing destro&ed b& Su#contractor

during the course of this "or% "ill be restored b& gkkworks at Su#contractorGs ex#ense'

+' Su#contractor shall contact and obtain clearance from =nder ob site unless stated other"ise'In the event the material is delivered and Su#contractorGs #ersonnel are notavailable, the g%%"or%s, at its o#tion, ma& unload and bac%charge Su#contractor forthe costs of the unloading and storing of the materials'

+' *eliveries of material and e?ui#ment shall be se?uenced and scheduled on an asneeded basis and must be coordinated "ith gkkworks Su#erintendent'

-' Su#contractor shall be res#onsible for miscellaneous flagging and traffic control "hens#ecificall& re?uired for its o#eration' It is Su#contractorGs res#onsibilit& to #rovidecom#etent flag #ersons and ade?uate safet& devices to #rotect the #ublic during all of

Su#contractors o#erations'/' All material shall be #alletiHed or #ac%aged in a##ro#riate containers "ith #ro#er

identification' All material stoc%ing shall be coordinated "ith gkkworks Su#erintendent'

0' All material and e?ui#ment deliveries are to be scheduled "ith gkkworks Su#erintendent' 9aterial shall not be stored or maintained under #o"er lines'

g&&'or& ,a t,e r)g,t to remo-e an. *eronne+ )n -)o+at)on o/ t,e abo-e ru+e or an.ot,er *ract)ce deemed una/e or o/ )m*ro*er conduct b. g&&'or&0 *ro1ect ta//2


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i#it +Secia $rovisions

Su#contractor ac%no"ledges that gkkworks has entered into labor agreements covering "or%

at its construction >obsites "ith the labor unions listed belo"' Su#contractor s#ecificall&agrees that all of the #rovisions of those agreements, "hich are a##licable to Su#contractor ,are incor#orated into the Agreement as if the& "ere set forth in full' Su#contractorac%no"ledges that the terms and agreements of such labor agreements "ith the unions listedbelo" ma& re?uire Su#contractor to com#l& "ith additional labor agreements "ith otheraffiliated unions' $hen the terms and conditions of such labor agreements referenced belo" sore?uire, Su#contractor shall #erform its >obsite "or% #ursuant to all terms and conditions ofsuch affiliated labor agreements' Su#contractor further agrees to bind and re?uire all subsubcontractors and their subcontractors to these re?uirements'

If there are an& conflicts bet"een the s#ecial #rovisions herein and those described else"herein the ontract *ocuments, it is agreed that the s#ecial #rovisions shall ta%e #recedence'


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master subcontract agreement for gkkworks.pdf

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