Issue link: https://read.dmtmag.com/i/213702
36 • DECEMBER 2013 • WORLD FENCE NEWS Subcontractor working agreements continued from previous page outline of a comprehensive subcontractor work policy, I want to thank Les Oakes, operations manager at USA Fence of Bradenton, Fla., for his help in compiling this Subcontractors' Work Agreement Policy; his input was substantial and much appreciated. Following is an outline of the entire agreement package. The full contents of this comprehensive work agreement policy are far too detailed to print in this publication; it would Booth No. 713 take up the entire magazine! So if there is any part of this outline that you are interested in exploring in more detail, please write or call me in my office in Florida. As always, my contact information is found at the end of this article. Subcontractor Work Agreement Policy Preliminary form requirements I. For qualifying as a subcontractor for Your Fence Company - (Schedule A) 01 – Subcontractor work agreement form. (Completed in full detail.) The work agreement form is the heart of the entire agreement, but remember that the other elements in the overall policy are also important. The subcontractor work agreement form must contain the following information: • Party identification – Who is this agreement between and how are the contractor and subcontractor defined. • Pre work requirements – What is required of the subcontractor before they can begin working for the contractor. • Insurance requirements, legal requirements, indemnifications, severability and waivers, if applicable. • Pre-established subcontractor work fee schedule – How much will the subcontractor be paid and for what work. If there is a subcontractor bid policy and/or procedure, outline exactly how this works and how subcontractors can "bid" for the larger jobs. If there is a particular major project, a project work and contract price policy Now! A More Secure, Safer and Better Looking Gate Lock! PATENT PENDING Approved for use by NYC Parks and Recreation Department, NYC School Construction Authority, NYC Dept of Design and Construction and New York DOT Can be welded to existing fence posts or installed with stainless steel rivets Completely tamper proof No unsightly chains Fabricated from 2" extra heavy wall thickness pipe Works on both swing and slide gates Designed for any commercial application Welded steel ground receiver secures drop rod Invented and manufactured by Shannon Gates, Inc., Deer Park, NY 866-218-1155 or 631-902-9237 (cell) www.shannongatesinc.net must be outlined. For each individual project also see the "Subcontractor's Work and Contract Price - Schedule A 09." • Subcontractors' duties and responsibilities, spelled out in detail • Subcontractor job related checklist – What tools, equipment and other necessary items are needed to complete the work. • Standard of care: Subcontractor shall perform services in accordance with the standards of professional practice ordinarily exercised at the time and within the locality where services are performed. • Conduct of the subcontractor: The subcontractor shall be subject to and operate in compliance with all federal, state and local laws and regulations, including those laws regarding employer's liability, worker's compensation, federal social security, and unemployment compensation insurance. • Performance: Subcontractor is an independent contractor and the services required hereunder are to be performed by the subcontractor. Any attempt by subcontractor to assign or sublet performance under this agreement without contractor's written permission shall be void. • Health and safety: Subcontractor shall comply with all statutes, laws, ordinances, or other site-specific rules regarding the health and safety of the services he is to perform under this agreement. • Job requirements – In detail with company policies and procedures. • Yard and shop procedures, including fabrication procedures, job material pickup, etc. • Timeliness of workmanship (constraints of completion requirements), quality control of workmanship policy, rework policy and callback policy in detail. • Detailed rules of payment, timeliness of payment, retention requirements, if any, and method for resolving disputes. 02 – Independent contractor affidavit. (Affirming independent subcontractor status.) 03 – IRS form W-9 "Request for Taxpayer Identification Number and Certification." 04 – Employee Work Eligibility and Minimum Wage Rate Affidavit. (Including E-Verify.) 05 – Electronic Payment. (If applicable.) II. Annual update requirements 06 – Subcontractor Insurance Requirements – (Schedule B) Attached: Sample certificate of liability insurance. Sample " Your State" Form DWC252 – Comp Insurance Exemption. continued on page 38