All trade subcontractors, suppliers & their employees must read and adhere to all rules and regulations noted below or be subject to a back charge for each instance in which the project schedule is adversely affected by Subcontractor’s failure to adhere to rules and regulations. 

The following actions are always forbidden on Build Sites:

• Use of alcohol, illegal drugs, or weapons
• Smoking is prohibited on project curbs/sidewalks and throughout the build site.
• Loud music or other repetitive, excessive non-construction noise
• Use of profanity and/or demeaning language

 Professionalism is required when on Build Sites, including:

• Courtesy to volunteers, staff and all other workers
• Appropriate attire while on the build site

• Use exterior portable toilets provided on site by GIHFH – DO NOT USE INTERIOR TOILETS FOR ANY REASON

• Direct all technical or construction-related questions to the Project Manager, or phone the GIHFH office or your company supervisor. Do not discuss project-related concerns with volunteers and other non-paid workers.
• Direct all contractual questions to the GIHFH Purchasing Manager

 Clean-up and Safety

• Clean up as you go, keeping the build site organized and free of debris or trip hazards.
• All project-related debris will be removed from build site by subcontractor or placed in on-site waste container provided by GIHFH at each day’s end and upon project completion.

 Security of the Build Site

• The last person to leave the build site must lock up the house.
• If there is any issue with locking the house, you are required to contact the GIHFH Project Manager prior to leaving the build site.

 Parking of Vehicles

• Parking shall be on the street or in pre-designated areas, ensuring not to block entry/exit of neighboring homes or businesses. Contact GIHFH Project Manager if you need assistance in determining an acceptable parking spot.
• If a vehicle leaks fluids, protective measures must be taken to prevent stains.
• NO PARKING ON DRIVEWAYS OR PARKING PADS AT ANY TIME.

   1. PARTIES. This Master Subcontract (hereinafter referred to as “Agreement”) is being entered into between Greater Indy Habitat for Humanity, and (hereinafter referred to as “GIHFH”); and the individual or company, (hereinafter referred to as “Subcontractor”). By signing this Agreement, Subcontractor warrants they are fully experienced, properly licensed, bonded and insured to perform the type of work described in this Agreement, and that Subcontractor is an independent contractor and not an agent or employee of the GIHFH.

          2. SUBCONTRACTOR RESPONSIBILITIES. Subcontractor will furnish all labor, equipment, tools, materials (where applicable), transportation, supervision, and all other items required for safe operations to complete the following work which will comply with the latest edition of all applicable building codes and the Subcontractor will not use GIHFH’s tools, equipment, supplies, or personnel. Subcontractor is responsible for the instruction and supervision of their own crews; Subcontractors shall not leave a crew on the GIHFH build site unless the assigned crew has exact instruction of what their work is to be.

          3. MBE/WBE/LSA.  In the event Subcontractor intends to subcontract a portion of the Work, Subcontractor shall take affirmative steps to assure that subcontractors who are certified minority business enterprises (“MBE”), women business enterprises (“WBE”), and Labor Surplus Area (“LSA”) firms are used when possible. Affirmative steps include the following:

1. Placing qualified small businesses, MBEs, and WBEs on solicitation lists;
2. Assuring that small business, MBEs and WBEs are solicited whenever they are potential sources;
3. Dividing total requirements, when economically feasible, into smaller tasks or quantities to permit maximum participation by small businesses, MBEs and WBEs;
4. Establishing delivery schedules, where the requirement permits, which encourage participation by small businesses, MBEs, and WBEs;
5. Using the services and assistance, as appropriate, of such organizations as the Small Business Administration and the Minority Business Development Agency of the Department of Commerce.

          4. GENERAL SCOPE OF WORK DESCRIPTION AND SUBCONTRACT AMOUNT.  The Scope of Work, specific description of the work, subcontract amounts, project schedule and draw schedule for each project will be agreed upon between Subcontractor and GIHFH.

 5. GENERAL CONDITIONS FOR THE SUBCONTRACT AGREEMENT

1. EXCLUSIONS FROM SUBCONTRACTOR’S SCOPE OF WORK. Labor and materials for work on projects that are not included by Subcontractor shall be set forth in each Scope of Work.
2. CONTRACT DOCUMENTS. Subcontractor will perform work in accordance with all Contract Documents listed below.  Subcontractor will submit Form W9 and Certificate of Insurance.

• This Subcontractor Agreement, and with regard to each project:
• Plans
• Specifications
• Addenda
• Miscellaneous

Subcontractor is required to walk through GIHFH’s build site to determine the location and best application of project products. Upon commencement of work on any project, Subcontractor warrants that he has been furnished all Contract Documents referred to above and has thoroughly familiarized himself with all Contract Documents and the existing site conditions.

The intent of the Contract Documents and this Agreement is to obtain a complete and professional job. Subcontractor agrees that the Scope of Work covered by this Agreement and the Scope of Work Exhibit shall include all labor and materials that are both specified and reasonably implied by the Contract Documents.

   6. PERMITS, INSPECTIONS AND CODE VIOLATIONS.  It is the Subcontractor’s responsibility to obtain all permits and inspection for their work unless GIHFH Project Manager instructs otherwise. Subcontractor is required to walk through GIHFH’s build site to determine location and best application of project products. Subcontractor warrants that they have thoroughly included in their proposal all relevant labor and materials for a complete install and approved permits.

GIHFH will make every effort to coordinate the inspection dates and the Subcontractor’s inspections for the purpose of having a GIHFH representative on site for inspections.

If Subcontractor’s inspection is not passed or approved, it will be Subcontractor’s responsibility to assign their own personnel to be at the build site during the re-inspection, to include waiting for inspector to arrive.

Subcontractor agrees to assume responsibility for compliance with all applicable federal, state, and local laws with regard to health, safety and accident prevention and rules, regulations and standards promulgated thereunder and relating to the work to be performed by Subcontractor.

Subcontractor agrees to indemnify, hold harmless and defend GIHFH from any claims, causes of action, liability, damages or penalties including costs and attorney’s fees incurred arising out of or in conjunction with Subcontractor, its Sub- Subcontractors, agents, officers, directors, trustees or employee’s acts or omissions, the violation of or noncompliance with any the aforesaid laws, rules, regulations and standards in any forum relating to the performance of the Subcontractor on any project or regarding this Contract.

    7.WORK COMMENCEMENT AND COMPLETION TIME. TIME IS OF THE ESSENCE in all aspects of Subcontractor’s performance. Subcontractor shall perform their work in accordance with the GIHFH build schedule.

          8.WORK SCHEDULES.  Schedules are only authorized by GIHFH. Subcontractor is not authorized to redistribute schedules for the sub-phases. Subcontractors are to instruct all parties to contact GIHFH Project Manager with all scheduling questions. Subcontractor is to discuss with GIHFH Project Manager the schedule, date changes or additional days. The initial work schedule shall be incorporated in the Scope of Work Exhibit and shall be amended only by written change order signed by both parties.

          9. CHANGES IN THE WORK Only GIHFH shall have the right to order changes in the scope of Subcontractor’s work (both additions and deletions). These changes shall be made in writing and signed by both Subcontractor and GIHFH prior to commencement of any Change Order work. Change Orders shall be in conformance with the attached form Change Order.
Inspect the existing conditions before beginning work. Alert GIHFH Project Manager to any problems with the substrate with which you are working. Unless defects are brought to the attention of GIHFH Project Manager prior to beginning work, Subcontractor will be responsible for the cost of any rework necessary to correct defects.

If the change will affect Subcontractor’s assigned phase, stop all work and contact the GIHFH Project Manager. If GIHFH Project Manager is not available, do not continue. No other party can authorize changes.

          10. BACK CHARGES AND PROTECTION OF THE WORK. GIHFH has the right to deduct from progress payments due to Subcontractor the cost of repairing damage caused by Subcontractor or the cost of repairing/replacing Subcontractor’s defective work if Subcontractor fails to take significant steps toward correcting this damage or non- conforming or defective work within 2 days after receiving notice from GIHFH Project Manager. Subcontractor agrees to be responsible for protecting all work in progress.

GIHFH has the right to deduct from payments due to Subcontractor for any violations of this contract to include (for each offense):

• Smoking on curbs/sidewalks or on build site: $50.00
• Smoking inside home: $100.00
• Use of interior toilet: $50.00
• Failure to clean up work area and/or remove Subcontractor’s debris: $100.00
• Leaving build site unlocked or unsecured, and/or Subcontractor enters build site without authorized reasons which are not project-related, could result in immediate termination of Subcontractor’s contract.

GIHFH has the right at their discretion to halt and or terminate Subcontractor from the build site while allocations of violations are being reviewed.

   11. INDEMNIFICATION All work performed by Subcontractor pursuant to this Agreement shall be done at the sole risk of the Subcontractor (and its agents) shall at all times indemnify, protect, defend, and hold harmless GIHFH from all loss and damage, and against all lawsuits, arbitrations, mechanic’s liens, legal actions, legal or administrative proceedings, claims, debts, demands, awards, fines, judgments, damages, interest, attorney’s fees, and any costs and expenses in any form which are directly or indirectly caused or contributed to, or claimed to be caused or contributed to, by any act or omission, breach, fault or negligence, whether passive or active, of Subcontractor or their agents, employees, or lower-tier subcontractors, subsidiaries, employees, agents, assignees, officers, directors, members or invitees in connection with or incidental to the work under this Agreement and Exhibits attached hereto.

          12. SUBCONTRACTOR’S INSURANCE Before commencing work on the project, Subcontractor and its Subcontractors of every tier will supply to GIHFH duly issued Certificates of Insurance, naming GIHFH as a certificate holder, showing in force the following insurance for comprehensive general liability in occurrence form, automobile liability, and worker’s compensation:

1. Comprehensive general liability (in occurrence form) with limits of not less than $1,000,000.00 per occurrence;

2. Worker’s compensation insurance

All insurance binders must contain a clause indicating that certificate holders be given a minimum of 30 days written notice prior to cancellation of Subcontractor’s insurance.

Subcontractor must furnish the insurance binder referred to above as an express condition precedent to the GIHFH’s duty to make any progress payments to Subcontractor pursuant to this Agreement. GIHFH’s insurance shall not be called on to contribute to a loss caused in whole or part by the negligence of Subcontractor. Should Subcontractor not carry worker’s compensation insurance coverage to protect its principals from work-related injuries fully release and shall hold harmless, indemnify and defend GIHFH from any injuries that may occur to the Subcontractor and/or its principals during the course of this project. In no way does this provision affect the absolute duty of every Subcontractor to provide worker’s compensation insurance coverage to each and every employee according to the provisions of this Agreement and all applicable state and federal laws.

GIHFH requires both Subcontractor and its Subcontractors to carry workers compensation for their principals personally, Employees, and Agents for the entire term of the working relationship.

In consideration of the mutual promises contained herein, the parties agree as follows: If Subcontractor does not have workers compensation coverage GIHFH will deduct 20% of all Subcontractor labor fees. If Subcontractor does not have general liability coverage GIHFH will deduct 20% of all Subcontractor invoices. If Subcontractor does not have auto coverage GIHFH will deduct 20% of all Subcontractor invoices.

    13. CLEANUP. Subcontractor will continuously clean up their work areas, and keep them in a safe, sanitary condition, and remove all of the debris. At the end of day the areas are to be broom swept and without any debris.

          14. BONDING REQUIREMENTS. The Subcontractor must provide the following:

a. A performance bond on the part of the Subcontractor for 100 percent of the Contract Price. A “performance bond” is one executed in connection with this Agreement to secure fulfillment of all the Subcontractor’s requirements under this Agreement.

b. A payment bond on the part of the Subcontractor for 100 percent of the Contract Sum. A “payment bond” is one executed in connection with this Agreement to assure payment as required by law of all persons supplying labor and material in the execution of the work provided for in this Agreement.

          15. NO SMOKING.  Smoking is prohibited from the road curb and all perimeters of the build site.

          16. EXPRESS WARRANTY. At the request of GIHFH, Subcontractor will promptly replace or repair any work, equipment, or materials that fail to function properly for a period of one year after completion of the project, or any longer period imposed by State or Federal law, whichever time period is longer, at Subcontractor’s own expense. Subcontractor will also repair any surrounding parts of the structure that are damaged due to any failure in Subcontractor’s work during the warranty period stated herein.

          17. LAWS, REGULATIONS, AND SAFETY. Subcontractor and its employees and representatives shall at all times comply with all applicable laws, ordinances, rules and regulations, whether federal, state, or municipal, particularly those relating to wages, hours, working conditions, nondiscrimination, anti-kickback, safe operations, all applicable union contributions, and the payment of all. Subcontractor will comply with all statutes and regulations that establish safety requirements (including, but not limited to those of OSHA and any state agency regulating job-site safety). By signing this Agreement, Subcontractor knowingly and willingly accepts full responsibility for the safe operation of all of its activities and the protection of other persons and property during the course of this project. Subcontractor is to furnish all warranty information and operation manuals relating to its work on the project to GIHFH.

  18. SUBCONTRACTOR DEFAULT. If Subcontractor fails to diligently complete work under this Agreement or fails in any way to perform in accordance with all the terms and conditions of this Agreement, then GIHFH may, without prejudicing any other rights they may have, give a 72-hour Notice to Subcontractor to cure their default. If Subcontractor does not cure their default within 72 hours of receiving notice, then Contractor may immediately terminate this Agreement for cause by giving Subcontractor notice of termination of this Agreement. GIHFH will deduct the cost to resolve any deficiencies in the work or defaults and GIHFH will then have no duty to pay Subcontractor any remaining funds due until the project has been completed. If the cost to complete Subcontractor’s work and the amount of funds paid to Subcontractor to date exceeds the contract amount of this Agreement, Subcontractor will then be responsible for immediately paying this difference to GIHFH. Subcontractor is responsible for paying all of GIHFH’s attorney’s fees and court costs in connection with the enforcement of this clause.

          19. ASSIGNMENT Any assignment of any part of this contract is prohibited and void without the prior written consent of GIHFH.

          20. DISPUTE RESOLUTION AND ATTORNEY’S FEES. Any controversy or claim arising out of or related to this Agreement involving an amount less than $5,000 (or the maximum limit of the Small Claims Court).

• Upon written notice of either party, any dispute over the dollar limit of the Small Claims Court arising out of this Agreement shall be submitted to an experienced private construction mediator who shall be mutually selected by the parties to conduct the mediation. The mediator shall also be either a licensed attorney or retired judge who is familiar with construction law.
• Subcontractor agrees to contractually make this provision bind and “flow down” to all lower- tier Subcontractors. This Agreement is not assignable. The prevailing party in any legal proceeding related to this Agreement shall be entitled to payment of its reasonable attorney’s fees, and costs incurred, and shall be entitled to post-judgment interest at the legal rate.

          21. ENTIRE AGREEMENT, SEVERABILITY, AND MODIFICATION This Agreement represents and contains the entire agreement and understanding between the Prior discussions or verbal representations by GIHFH or Subcontractor that are not contained in this Agreement are not a part of this Agreement. In the event that any provision of this Agreement is at any time held by a Court to be invalid or unenforceable, the parties agree that all other provisions of this Agreement will remain in full force and effect. Any future modification of this Agreement should be made in writing and executed by Subcontractor and GIHFH.

 22. ADDITIONAL TERMS AND CONDITIONS Build Site Rules of all Projects shall be attached hereto or included in the Scope of Work Exhibit.

          23. DEBARMENT AND SUSPENSION  I certify that my company/I: are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any federal or state department or agency; have not within a three (3) year period preceding this Contract been convicted of, or had a civil judgment rendered against me (us) from commission of fraud, or a criminal offence in connection with obtaining, attempting to obtain, or performing a public (federal, state, or local) transaction or grant under a public transaction; violation of federal or state antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification, or destruction of records, making false statements, or receiving stolen property; are not presently indicted or otherwise criminally or civilly charged by a government entity (federal, state, or local) with commission of any of the offenses detailed in section Tb. of this certification; and have not within a three (3) year period preceding this Contract had one or more public transactions (federal, state, or local) terminated for cause or default.

          24. FEDERAL CONTRACTING REQUIREMENTS Pursuant to Title Two of the Code of Federal Regulations (“C.F.R.”), Appendix II to Part 200, the Contractor agrees to the following requirements:

1. The equal employment opportunity clauses set forth in paragraphs (1) through (8) in 41 C.F.R. § 60-1.4(b);
2. The Davis-Bacon Act as supplemented by 29 C.F.R. Part 5;
3. The Copeland “Anti-Kickback” Act as supplemented by 29 C.F.R. Part 3;
4. The Contract Work Hours and Safety Standards Act as supplemented by 29 C.F.R. Part 5;
5. 37 C.F.R. Part 401 regarding Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements;
6. The Clean Air Act (42 U.S.C. §§ 7401-7671q) and the Federal Water Pollution Control Act (33 U.S.C. §§ 1251-1387) as amended;
7. The Byrd Anti-Lobby Amendment (31 U.S.C. § 1352);
8. Debarment and Suspension requirements (Executive Orders 12549 and 12689);
9. 2 C.F.R. § 200.216 (Telecommunications equipment produced by Huawei Technologies Company or ZTE Corporation); and
10. 2 C.F.R. § 200.322 (Domestic preference for procurements).