Subcontractor Agreement


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SUBCONTRACT AGREEMENT   -   FRANTZ-GIBSON PAINTING COMPANY LLC

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THIS SUBCONTRACT AGREEMENT is made and entered into on by and between FRANTZ-GIBSON PAINTING COMPANY LLC (“Contractor”) and (“Subcontractor”), as follows:

 

  1. STATEMENT OF WORK. From time to time, Subcontractor may provide painting services to Contractor. In addition to the terms and conditions negotiated by the parties for particular projects, Contractor and Subcontractor hereby agree that the terms and conditions of this Subcontractor Agreement (the “Agreement”) shall apply whenever Subcontractor provides services to Contractor.

 

  1. APPROVAL OF WORK. All work to be performed in a good and workmanlike manner in accordance with industry standards, the approved plans and selections.

 

  1. DEBRIS AND CLEAN UP. Subcontractor agrees to keep any and all debris resulting from its work cleaned up at all times and to compact all waste and leftover materials to contractor-grade cleanup bags left at the job site or dumpster at the completion of its work, leaving the premises in “broom clean” condition.  Subcontractor shall also clean up and dispose of personal trash, coffee cups, food wrappers, bottles, cans, food, etc. generated by its workers.  Should the Subcontractor fail to perform this work, Contractor will do it and back charge the Subcontractor accordingly for any associated costs.

 

  1. EXTRA WORK. Should changes in the work occur, the Subcontractor shall, in a timely manner, submit to the Contractor, 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 approval by Contractor.

 

  1. 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.

 

  1. DEFAULTS AND TERMINATION. In the event Subcontractor interferes with the general progress of the Contractor by negligence or delay, or Subcontractor abandons this contract or fails or refuses to furnish labor and tools at and when required under the terms of this subcontract, the Contractor may at its election take over 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.

 

  1. 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 on which guarantee periods of longer duration have not been specified.

 

  1. LIENS. The Subcontractor shall indemnify and hold harmless and protect the Owner and/or Contractor against all laborer’s, liens, upon the building or premises on which the work is located, arising out of labor or materials furnished under this Agreement.

 

  1. INDEMNITY. To the fullest extent of the law, Subcontractor agrees to defend, indemnify, and hold Contractor harmless and, if requested by Contractor, their consultants, agents and employees of any of them, from and against any and all claims, suits, losses or liability, including attorney’s 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, but only to the extent that the “bodily injury” or “property damage” is caused by your negligence or by the negligence of those acting on the behalf of the Subcontractor. 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.

 

  1. INSURANCE. Subcontractor shall work under the coverage of Contractor’s general liability insurance and workman’s compensation insurance unless otherwise noted.  If Subcontractor is to provide said insurance, Subcontractor shall provide a Certificate of Insurance prior to starting work.  Frantz-Gibson Painting Company LLC 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.  Limits on the Subcontractor’s General Liability for Premises/Operations and Completed Operations shall be equal to or greater than the Contractor’s limits of $1 million per occurrence and $2 million aggregate.

 

  1. SAFETY. Subcontractor agrees that the prevention of accidents to workmen engaged upon or in the vicinity of the Work is its responsibility.  Subcontractor shall be responsible for initiating, maintaining and supervising all safety precautions and programs in connection with the performance of the Subcontract.  Subcontractor shall report to Contractor within twenty-four (24) hours of an injury to an employee or agent of Subcontractor, any of its sub-subcontractors, that occurred at the Project site.  Subcontractor agrees to comply with Federal, State, Municipal and local laws, ordinances, rules, regulations, codes, standards, orders of public authorities, notices and requirements concerning safety of persons and property as shall be applicable to the Work and in accordance with the Contract Documents, including, among others, the Federal Occupational Safety and Health Act of 1970, as amended, and all standards, rules, regulations and orders that have been or shall be adopted or issued thereunder.  Subcontractor further agrees to comply with any and all safety standards established during the progress of the Work by Contractor.  Subcontractor further agrees to comply with the safety requirements set forth in Attachment A.  If requested by Contractor, prior to commencement of Work, Subcontractor shall furnish to Contractor a copy of Subcontractor’s safety plan with respect to the Work.  When so ordered, Subcontractor shall stop any part of the work of the Work that Contractor deems unsafe until corrective measures satisfactory to Contractor have been taken, and Subcontractor agrees that it shall not have nor make any claim for damages growing out of such stoppages.  Should Subcontractor neglect to take such corrective measures, Contractor may do so at the cost and expense of Subcontractor and may deduct the cost thereof from any payments due or to become due to Subcontractor.  Failure on the part of Contractor to stop unsafe practices shall in no way relieve Subcontractor of its responsibility therefore.  Subcontractor shall report to Contractor within twenty-four (24) hours an injury to an employee or agent of Subcontractor that occurred at site.  In the event of an injury, proper post-accident procedure should be followed as set forth in Attachment B.

 

This Subcontract is accepted:

 

SUBCONTRACTOR

Your Legal Name:  

Date:

Address:  

City:   State:   Zip Code:   

Phone #:

Birthdate:  

Social Security Number/ Tax ID Number:  

 

FRANTZ-GIBSON PAINTING COMPANY LLC

11940 Cloverland Ave.

BATON ROUGE, LA 70809

Name: Steve Frantz

Title: Co-Owner

Date: June 30, 2022

 

 

SUBCONTRACT AGREEMENT   -   FRANTZ-GIBSON PAINTING COMPANY LLC

Attachment A

 

Subcontractor agrees to comply with the following safety requirements when performing work for Contractor:

 

  1. Employees and sub-contractors may not operate equipment on which they have not been trained and/or do not have experience.
  2. Employees and sub-contractors are not permitted to work if under the influence of drugs or alcohol.  Employees and sub-contractors must agree to post-accident drug and/or alcohol testing. 
  3. Fighting, horseplay, and other inappropriate conduct in the workplace are prohibited. 
  4. Use proper lifting techniques or material handling equipment to prevent strain and sprain injuries.  Get help to move heavy or bulky objects.
  5. Appropriate personal protective equipment must be used when required. (Depending on safety hazards present, this may include safety glasses, hard hats, gloves, hearing protection, foot protection, respiratory protection, and fall protection equipment or other protective devices.)
  6. Machine guards and safety devices must be in place before power tools and equipment are operated.  Defective tools and equipment must be taken out of service and tagged “Do Not Use.”  Always use the right tool for the job. 
  7. Workplaces must be maintained in a neat and orderly manner. Garbage and other waste shall be disposed of at frequent and regular intervals. 
  8. Where walking/working surfaces may be slippery or become slippery, shoes with slip-resistant soles must be worn.
  9. Portable ladders in use must be tied, blocked or otherwise secured to prevent them from movement.  All ladders used must be in good condition.
  10. Metal ladders must not be used where they may come in contact with electrical conductors.
  11. All employees and sub-contractors exposed to falling 6-feet or more from an unprotected side or edge shall select a personal fall arrest system to prevent falls to a lower level, unless otherwise provided for in OSHA regulations that apply to residential construction. 
  12. Scaffolds must have guardrails and toe boards installed on all open sides and ends of platforms more than 10 feet above the ground or floor. 
  13. Report all unsafe practices, conditions, equipment, or tools to Contractor immediately.
  14. All injuries, regardless of how minor, must be reported to Contractor immediately.
  15. Familiarize yourself with your job and its hazards prior to beginning work.
  16. Tools and equipment must be kept clean and in good working condition.  Tools and equipment will be maintained and used according to manufacturer’s recommendations.
  17. Always use the right tool for the job.  Improvising to save time may prove to be hazardous. 
  18. Store all materials, tools, and equipment neatly and appropriately.
  19. Always dress properly.  Wear clothing that fits properly and is in good condition.  Shirts with at least short sleeves, long pants and good work shoes are the minimum requirements.
  20. Jewelry, especially rings and dangling necklaces, can cause serious injury if it gets caught in rotating equipment, on nails or screws, ladder rungs, scaffolding or various type of building materials, therefore, rings and dangling jewelry must be removed prior to working where they can get caught.  This applies especially when working at elevations.

 

 

SUBCONTRACT AGREEMENT   -   FRANTZ-GIBSON PAINTING COMPANY LLC

Attachment B

 

Subcontractor agrees to fill out and maintain Louisiana Post Hire Medical Questionnaire for all workers employed by Subcontractor.

Subcontractor agrees to follow the post-accident procedure as listed below for any accident that occurs during work for Contractor:

  1. Report all injuries the day that they occur to a representative of Contractor.
  2. Immediately transport injured worker(s) to one of the following occupational medicine clinics. If another clinic is more geographically convenient, subcontractor agrees to notify a representative of Contractor of the location of the clinic to perform the post-accident assessment.

    • Baton Rouge: Total Occupational Medicine: 225-924-4460; 3333 Drusilla Ln. Baton Rouge, LA 70809
    • Covington: Fairway Medical Occupational Medicine: 985-809-8989; 70340 Hwy 21 Covington, LA 70433
    • Gonzales: Coastal Urgent Care: 225-644-5503; 1124 S. Burnside Ave. Gonzales, LA 70737
    • Hammond: North Oaks Occupational Health Center: 985-230-5726; 1902 S Morrison Blvd. Hammond, LA 70403
    • Houma: Coastal Urgent Care: 225-644-5503; 1124 S. Burnside Ave. Gonzales, LA 70737
    • Lafayette: Occupational Clinic Of Acadiana: 337-233-4480; 3305 W. Pinhook Rd. Lafayette, LA 70508
    • Lake Charles: Hackberry Rural Health Clinic: 337-762-3762; 1020 Main St. Hackberry, LA 70645
    • Mandeville: Fairway Medical Occupational Medicine: 985-809-8989; 70340 Hwy 21 Covington, LA 70433
    • Monroe: Francis Occupational Medicine Clinic: 318-966-6320; 920 Oliver Road Suite 1400 Monroe, LA 71201
    • New Orleans: West Care Medical Center: 504-340-6711; 1220 Barataria Blvd. Marrero, LA 70072
    • Shreveport: Work Kare-Bossier: 318 212-7750; 2300 Hospital Drive, Suite 160 Bossier City, LA 71111
    • Slidell: Innovative Medical Clinic: 985-643-5242; 1570 Lindberg Drive, Suite 12 Slidell, LA 70458
    • Thibodaux: Coastal Urgent Care: 225-644-5503; 1124 S. Burnside Ave. Gonzales, LA 70737
    • Zachary: Total Occupational Medicine: 225-924-4460; 3333 Drusilla Ln. Baton Rouge, LA 70809
    • Biloxi, MS: Occupational Health Center: 228-762-4642; 5912 Old Mobile Hwy Ste 1 Pascagoula, MS 39581
    • Gulfport, MS:
    • Accelerated Physical Therapy Occupational Health: 228-463-9030; 833 Hwy 90 Bay Saint Louis, MS 39520
  1. Conduct a post-accident drug screen for worker(s) upon receiving medical treatment.

 

***   If Medical Emergency call 911 and follow ambulance to the emergency room.  ***

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Signed by Steve Frantz
Signed On: February 17, 2021


Signature Certificate
Document name: Subcontractor Agreement
lock iconUnique Document ID: 6aeb7f439e2d3877d980d0d22bf81ff115ca0ee3
Timestamp Audit
February 12, 2020 11:37 am CDTSubcontractor Agreement Uploaded by Steve Frantz - steve@frantzgibson.com IP 64.237.74.181