H+M Subcontract Form and Jobsite Safety Rules
THIS SUBCONTRACT is entered into this day between H and M CONSTRUCTION COMPANY, INC., herein called Contractor, and ___________________
herein called Subcontractor, for the performance by Subcontractor of certain work hereinafter specified, between Contractor and
herein called Purchaser, relating to the project identified as
THE PARTIES AGREE AND BIND THEMSELVES, their heirs, successors and assigns as follows:
1. PERFORMANCE: Subcontractor agrees to perform all of the work specified and to furnish and pay for all labor, materials, equipment and supplies therefor,
and to complete the work in strict compliance with the terms of the Original Contract and to the satisfaction of and in compliance with the directions of Owner or
Owner's Engineers.
2. ORIGINAL CONTRACT: The terms, conditions, specifications, drawings, schedules and contract documents forming a part of the Original Contract between
Contractor and the Owner are hereby made a part of this subcontract by reference as fully as if set out in detail. Subcontractor shall be bound to the same extent
that Contractor is bound by each and every covenant, obligation and provision of said Original Contract insofar as the same is applicable to the work of
Subcontractor.
3. WORK: Subcontractor shall perform all of the work necessary and incidentally required to complete the following: Any addition or deletion to this contract
shall be perfected by execution of a change order by the Contractor.
4. PROGRESS AND COMPLETION: Unless herein otherwise specially provided, Subcontractor shall commence work promptly or upon notice from Contractor.
Subcontractor shall, in any event, prosecute the work diligently and so as to avoid delaying the progress of Contractor or other subcontractors on other portions
of the project work. Subcontractor shall keep and maintain on the project a sufficient number of properly qualified workmen and a sufficient quantity of materials,
equipment and supplies to efficiently perform the work as required without delay. Should Subcontractor cause delay in the progress or completion of the project,
the damages resulting, therefrom, including liquidated damages assessed by Owner and attributable thereto, shall be the obligation of Subcontractor.
Subcontractor acknowledges that the project and work of the general contractor and subcontractors will be merit shop (union and/or non-union). In the event
that any of the various contractors or subcontractors, including Subcontractor, or their employees or agents become involved in any way in a labor dispute,
including, but not limited to picketing, etc. at the construction site, Subcontractor agrees that his subcontract will continue to be performed and he shall not be
excused from any term or performance hereunder, and he will prosecute the work under this subcontract without delay, stoppage, hindrance, interruption or
slowdown, whatsoever. If in Contractor's determination the labor dispute is causing interruption or delay in the progress of the Contractor, Subcontractor, or any
other subcontractor on other portions of the project work, the Contractor may avail itself of any or all the recourses available to it in Item No. 10, Default.
Contractor shall not be liable to Subcontractor for any delay resulting from the act, neglect or default of the Owner or from causes beyond Contractor's control or,
in any case, beyond the granting of justifiable time extensions on written applications therefor, made within 48 hours, from the beginning of the claimed delay.
5. PAYMENT: Subject to other provisions hereof, Contractor agrees to pay Subcontractor the stated consideration for said work on the basis of the quantities
allowed and paid for by Owner, and to make payment within ten (10) days from the time that Contractor is paid by Owner, less ten (10) percentage retainage,
which percentage may be retained until completion of the Original Contract and final payment by the Owner.
6. ADVANCES: Contractor may, but shall not be required to, advance sums to Subcontractor for the purpose of financing the work and may offset such against
any subcontract earnings, including final retainage, Contractor may, but shall not be required to, supply Subcontractor with labor, materials, equipment and
supplies and other items acceptable to subcontractor in the performance of the work and recover the value or price therefor against Subcontractor and the
Subcontractor's surety if any, without being required to offset the same or any part thereof against the earnings of Subcontractor.
7. INSURANCE: Subcontractor agrees to carry, for the duration of the subcontract, Workmen's Compensation and Public Liability Insurance covering Premises
Operations and Automobile operations for bodily injuries and property damages, in such amounts as may be satisfactory to the Contractor, and to furnish
Contractor with certificates covering same before commencing work. H and M Construction Co., Inc. and American LaFrance must be named as an
additional insured on your Certificate of Insurance.
8. PROTECTION OF WORK AND INDEMNITY AGAINST NEGLIGENCE: Subcontractor agrees to adequately and properly protect the work called for
hereunder and to so perform the subcontract and subcontract work as to avoid injury or damages to persons or property for which contractor may be held liable
in damages and as to avoid any negligence in the performance or omission to perform the contract and work for which contractor may be held liable; and to fully
indemnify and save harmless contractor from all claims for damages and from all expenses and attorneys fees incident thereto, arising out of or in
otherwise connected with the subcontract work by the Subcontractor, his agents, servants and employees, or any Subcontractor of this subcontractor, his agents,
servants or employees.
