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SUBCONTRACTOR TERMS AND CONDITIONS FOR BIDDERS

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INSURANCE AGREEMENT

The Subcontractor shall procure and maintain at its own expense and from insurers acceptable to DGA Builders, LLC/DGA Construction Group, LLC/Bristol Builders I, LLC and the Owner, such insurance policies as will fully protect, DGA Builders, LLC/DGA Construction Group, LLC/Bristol Builders I, LLC and the Owner from all claims for injuries or damages, including attorneys’ fees, by whomever caused, arising out of the performance of the Contract Work, whether before or after its completion. Subcontractor shall maintain the following coverage:

 

Insurance Requirements (All Additional Insured requirements apply to G.L., Umbrella and Auto policies).

 

Prior to commencing work on site, current certificates indicating insurance coverage, as follows, must be on file in our office:

  1. Workers Compensation and Employers Liability limits – New York statutory limits. All other States at $500,000 each accident, each employee, and policy limit.

  2. New York State Disability - statutory limits.

  3. Automobile Liability- $1,000,000.00 (combined single limit)

    1. Contractor, Owner and all other parties required of the Contractor, shall be included as additional insured’s on the auto policy.

    2. Business Auto coverage must include coverage for liability arising out of all owned, leased, hired and non-owned automobiles.

  4. Comprehensive General Liability- $1,000,000 per occurrence, $2,000,000 general aggregate, where the general aggregate shall apply separately for each project.

    1. Coverage to include:

      1. Premises Operations

      2. Broad Form Property Damage

      3. Independent Contractors

      4. Personal Injury

      5. Products and Completed Operations

      6. Underground Explosion and Collapse

      7. Broad Form Contractual Liability

    2. Completed Operations coverage to be maintained in force for three years after completion of work.

    3. DGA Builders, LLC/DGA Construction Group, LLC/Bristol Builders I, LLC and all entities required by written contract are to be included as Additional Insured’s under Primary and non-contributory basis with respect to the SAMPLE JOB – XX-XXX - Coverage for these additional insured’s shall include completed operations

    4. A copy of the Additional Insured’s Endorsement from the General Liability Policy must be attached to the Certificate of Insurance. If additional insured coverage cannot be provided by the endorsement, an “Owners & Contractors’ Protective” Policy will be required for the same liability limits noted above in the name of the “Contractor and Owner”.

    5. There shall be no exclusions to Contractual Liability for Employee injuries (i.e. Labor Law Exclusions). Coverage for these additional insured’s shall include completed operations.

    6. The Subcontractor’s General Liability policy shall include coverage for the subcontractor and any of the additional insured’s for any operations performed on residential projects including single or multi-family housing, residential condominiums, residential apartments and assisted living facilities

  5. Umbrella- Limits- $5,000,000.00 per occurrence and aggregate

    1. Umbrella coverage must include as additional insured’s all entities that are additional insured’s on the CGL.

    2. Umbrella coverage for each additional insured shall apply as primary before any other insurance or self-insurance, including any deductible, maintained by, or provided to, the additional insured other than the Comprehensive General Liability, Auto Liability and Employers Liability coverage maintained by the Subcontractor.

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WAIVER OF SUBROGATION

Subcontractor waives all rights against Contractor, Owner and Architect and their agents, officers, directors and employees for recovery of damages to the extent these damages are covered by commercial general liability, commercial umbrella liability, business auto liability or workers compensation and employers liability insurance maintained per requirements stated above. 

 

Certificates indicating the above required coverage must also be provided by all of your subcontractors. All such policies shall provide that they will not be cancelled, allowed to expire or restrictively modified without 30 day’s prior written notice to the Principal.

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SAFETY AGREEMENT

 

SAFETY MUST BE A PRIMARY CONCERN OF ALL CONTRACTORS.  SAFETY RULES AND PROCEDURES WILL BE STRICTLY ENFORCED.  CONSISTENT FAILURE TO COMPLY WITH PROJECT SAFETY REQUIREMENTS MAY RESULT IN CANCELLATION OF YOUR CONTRACT.

 

SAFETY PROGRAM

  • OSHA requires that all contractors have a written safety program and that a copy of it is available at each job site. You must comply with this requirement on all DGA Builders, LLC/Bristol Builders job sites.

  • All subcontractors are required to give their own Toolbox Talks on a weekly basis.  A log of what was discussed and a list of who attended must be given to the project supervisor weekly.

  • Site-work contractors – Copies of daily check logs are required for any excavation over 5 ft.

 

PPE

Minimum safety equipment to be worn by all workers and visitors:

  • Approved hard hat.

  • Approved safety glasses.

  • Proper foot gear (no sneakers).

  • Proper clothing (no torn or loose-fitting items that can get caught in machinery).

  • No shorts, no tank tops.

 

EQUIPMENT

  • Tools and equipment shall not be left in an unorganized, unprotected manner, particularly when no work is being performed in your surrounding work area.

  • Any damaged equipment, unsafe or unguarded equipment that is observed on site must be removed from service immediately upon notice. Each contractor is responsible to remove the piece of damaged equipment from service.

  • DGA Builders reserves the right to effectively remove any damaged or unsafe equipment found on site to avoid the further use of the equipment in case the owner of the equipment is unknown, not available, or refuses to remove the item in question from service. 

 

SAFETY RAILS

  •  Each contractor is responsible for inspecting safety rails in the area of work and to maintain fall protection compliance whenever rails must be removed to complete work tasks. All safety rails, when removed to complete work, must be replaced immediately and in compliance with OSHA regulations.

  •  All trades using the loading areas are responsible for using personal fall arrest systems (PFAS) when required.

 

GFCI PROTECTION

  • GFCI protection must be inspected daily and used at all sources of power. Each contractor is responsible for providing their own GFCI protection and inspecting daily before use.

 

RESPONSIBILITIES

All contractors are responsible for compliance with OSHA regulations that include but are not limited to the following:

  • Keeping a current OSHA 300 log on-site or at your primary place of business.

  • Posting of safety signs (hazardous materials, flammable materials, laser in use, etc.)

  • Keeping of chemical inventory lists and keeping updated Material Safety Data Sheets for appropriate materials.

  • Conducting of periodic safety meetings and keeping a log of when they were held, who attended, and what was discussed.

  • Any subcontractor using a crane on site must submit certification that they meet Subpart CC of the OSHA Standards.n

 

All contractors are additionally required to:

  • Inform the project manager verbally or in writing of any observed unsafe condition or practice.

  • Report all accidents, however minor, to the project manager (cuts requiring a Band-Aid should be reported) within 24 hours.

     

SAFETY REPORTS

DGA personnel (and/or 3rd party safety services) will make various safety inspections and may provide verbal warnings and/or written reports of unsafe observations.  Any unsafe conditions will immediately be brought to the attention of Subcontractor’s on-site foreman for corrective action.

 

Per DGA’s SVCP, a written notice of deficiencies (violations, safety reports, etc.) may be sent to the Subcontractor’s office on an as-needed basis.

 

CORRECTION OF DEFICIENCIES

Safety problems will be handled as follows:

  • The Safety Violation Charity Program may be enforced. The Safety Violation Charity Program is a disciplinary program structured to ensure all contractors on site understand and carry out their job site safety requirements. For more information please refer to the Safety Violation Charity Program Addendum attached to this contract.

  • DGA, at its sole discretion, may suspend a Subcontractor for Life-safety violations until an acceptable resolution has been presented to DGA by the Subcontractor.

 

CONSTRUCTION DEBRIS

  • All Subcontractors are required to inspect work areas for safe conditions prior to start of work.

  • Construction debris can be a significant safety hazard.  Daily Cleanup of debris is solely the responsibility of each Subcontractor. Subcontractors are expected to cleanup all debris at the end of each day, and as necessary throughout the workday to ensure a safe work environment. DGA may use the Safety Violation Charity Program (SVCP) or further measures for failure to effectively provide daily cleanup of debris.

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IF YOU CREATE A HAZARD YOU ARE RESPONSIBLE FOR CORRECTING THE HAZARD.

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SAFETY VIOLATION CHARITY PROGRAM (SVCP)

DGA Builders, LLC, DGA Construction Group, LLC and Bristol Builders I, LLC are committed to maintaining an accident-free workplace.  DGA and Bristol’s commitment are not enough, however.  Obtaining this goal requires the same commitment by our subcontractors and their employees.  To promote this goal and to contribute to our community, DGA/Bristol Builders has implemented a Safety Violation Charity Program. 
 
The Safety Violation Charity Program (SVCP) will involve DGA/Bristol and all their subcontractors.   
 
This program will work as follows: 
 
The SVCP will be included as an attachment to DGA/Bristol’s subcontract. The SVCP is a disciplinary program structured to ensure all subcontractors on site understand and carry out their job site safety responsibilities. The SVCP may be used at the site superintendent’s discretion. The DGA/Bristol project team and/or DGA Safety Director reserves the right to bypass the official written warning based on specific observations, obvious negligence, or neglect to follow previously discussed site rules or OSHA regulations. 
 
In the event a subcontractor (or the contractor’s employees) commits a safety infraction, the following may occur:  

  • 1st Violation – Written Warning  

  • 2nd Violation – the contractor will be fined $100  

  • 3rd Violation – the contractor will be fined $200  

  • 4th Violation – the contractor will be fined $200 and will meet with DGA/Bristol to discuss the safety infractions and the possible cancellation of contract and removal from job site. 

 
Fines will be paid within 30 days of their occurrence.  In the event fines are not paid in a timely fashion, the fine will be back-charged against the subcontractor by DGA/Bristol who will in turn credit the charity account with the funds. 
 
Appropriate fines will be levied against the responsible subcontractor for each instance in which they or their employees commit unsafe acts. 
 
DGA/Bristol reserve the right to remove any subcontractor from the job site for safety violations or for serious safety infractions.  All subcontractors must continue to abide by all Federal, State and local laws that apply to this project regardless of their inclusion in this program.  In cases where specific job site safety requirements exceed OSHA Standards, employees are required to follow the job site safety requirements. 

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ALL APPLICANTS OF DGA BID OPPORTUNITIES MUST READ AND ACCEPT THE ABOVE TERMS AND CONDITIONS UPON APPLICATION.

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