507 Prestige Circle, Allen, TX 75002

Phone: (469) 342-6819

Fax: (800) 335-6449

THIS AGREEMENT is executed by Kodiak Fire Protection, Inc. (hereinafter “Kodiak”) having its head office at 507 Prestige Cr., Allen, TX 75002 and

(hereinafter “Subcontractor”) having its head office at

for Subcontractor's performance of such work as may be agreed to by Kodiak and Subcontractor from time to time. The terms of this master subcontract agreement shall be incorporated into each and every job order, proposal, or contract (collectively referred to as a “Job Order”) between Kodiak and Subcontractor executed after the date of this agreement, and shall control Kodiak’s and Subcontractor’s rights and obligations under each Job Order.

1.01 The work to be performed by Subcontractor shall be such work and labor as Kodiak and Subcontractor shall agree to pursuant Job Orders executed by the parties, and shall include all labor, services, and materials, including all taxes, required to perform the work as set forth in each Job Order in a turnkey manner.

1.02 The term “owner” as used herein shall include the owner of the project as well as the general contractor, if any.

2.01 Kodiak contracts with Subcontractor as an independent contractor to perform the work described in each separate Job Order executed by the parties. Each Job Order shall include the total cost for ALL labor, materials, equipment, taxes, and other expenses to perform the scope of work set out in the Job Order, so that the price agreed to in each Job Order shall be a turnkey cost. Subcontractor shall perform such work under the general direction of Kodiak, in accordance with the agreement, the Job Order, and any other contract documents relating to such project. The contract documents that are binding on Kodiak on each project shall also be binding upon Subcontractor, and Subcontractor shall assume all responsibility of Kodiak under the contract documents that relate to the work covered by each Job Order. Upon Subcontractor’s request, Kodiak shall furnish a copy of any part of the Contract Documents to Subcontractor. Nothing in the Contract Documents shall be construed to create a contractual relationship between persons or entities other than Kodiak and Subcontractor. In the event of any conflict between this agreement and the Contract Documents, this agreement shall control.

 

3.01 Kodiak and Subcontractor mutually agree to see to the performance of their respective work and the work of their subcontractors so that each project may be completed in accordance with the contract documents and the schedule of work for each project. Time is of the essence in the performance of this agreement and each Job Order. Kodiak and Subcontractor shall prepare an agreed schedule of work and revise such schedule as each project progresses.

 

3.02 Subcontractor shall be bound by the work schedule, and Subcontractor shall provide Kodiak with any requested scheduling information relating to Subcontractor’s performance of work at the project. The work schedule and all subsequent changes to each schedule shall be submitted to Subcontractor in advance of the required performance. Subcontractor recognizes that changes may and will be made in work schedules and agrees to comply with all changes.

 

3.03 Kodiak shall have the right to decide the time, order, and priority in which the various portions of the work shall be performed at each project and all other matters relative to the timely and orderly conduct of Subcontractor’s work. Subcontractor shall commence its work within three days of notice to proceed from Kodiak and if such work is interrupted for any reason, Subcontractor shall resume work within two working days from Kodiak request to resume.

 

4.01 Kodiak agrees to pay Subcontractor for the satisfactory performance of the Subcontractor’s work the agreed amount for each Job Order, subject to additions and reductions pursuant to paragraph V.of this agreement.

 

5.01 Subcontractor shall provide Kodiak a schedule of values for the project satisfactory to Kodiak and the owner no more than 5 days from the date of execution of this contract. Payments received by Subcontractor are trust funds and shall be used first to satisfy any indebtedness owed by Subcontractor to any person furnishing labor or materials for use in performing Subcontractor’s work on each project before it is disbursed in any other manner. Kodiak shall have the right, at any time, to contact Subcontractor’s suppliers to ensure the same are being paid promptly by Subcontractor for labor or materials furnished for use at each project.

 

5.02-1 As a prerequisite and condition precedent for payment from Kodiak to Subcontractor, ubcontractor shall provide, in a form satisfactory to Kodiak, an appropriate lien/ claim release and S waiver from Subcontractor, and its subcontractors and suppliers. Such waivers may be made conditional upon payment. Additionally, Kodiak and Subcontractor agree that payment from Kodiak to Subcontractor is contingent upon payment to Kodiak for Subcontractor's work.

conditional upon payment. Additionally, Kodiak and Subcontractor agree that payment from Kodiak

 

5.02-2 As a further prerequisite and condition precedent for payment from Kodiak to Subcontractor, a Pre-Inspection Worksheet (for Fire Sprinkler); and/or a Pre-Inspection and Final Inspection Worksheet (for Fire Alarm), as the case may be, must be completed and fully passed. Subcontractor agrees that it shall not be entitled to payment unless its work has been completed with all categories on the Worksheet noted as “Pass”.

5.03 Upon payment by Kodiak, Subconontractor shall promptly pay it's subcontractors, laborers, and material suppliers the amounts to which they are entitled for labor performed and materials delivered at each project. In the event Kodiak has reason to believe that labor, material, or other obligations incurred in the performance of Subcontractor’s work are not being paid, Kodiak may give written notice for such claim or lien to Subcontractor, and may take any steps deemed necessary to ensure the progress payments are utilized to pay such obligations, including, but not limited to, issuing joint checks. If upon receipt of said notice, Subcontractor does not supply evidence satisfactory to Kodiak that money owing to any claimant has been paid, then Kodiak shall have the right to withhold from any payments due or to become due to Subcontractor a reasonable amount to protect Kodiak from all loss, damage, or expense, including attorneys’ fees arising out of or relating to any such claim or lien, until the claim or lien has been satisfied by Subcontractor.

 

5.04 Subcontractor shall not assign any monies due or to become due under this agreement without the written consent of Kodiak.

 

5.05 Payment to Subcontractor on any project does not constitute or imply acceptance of any portion of Subcontractor’s work and Subcontractor shall be subject to backcharges until final acceptance of Subcontractor’s work by the owner of each project.

 

5.06 Subcontractor’s application for payment shall be itemized and supported by substantiating data as required by Kodiak.

5.07 Kodiak shall be entitled to retain from the payments to Subcontractor an amount equal to the percentage retained from Kodiak payment by the owner of each project for the Subcontractor’s work performed at the project, which retainage shall not be less than ten percent.

 

5.08 Progress payments to Subcontractor for satisfactory performance of Subcontractor’s work shall be made no later than 10 days after receipt by Kodiak of payment from the owner of the project for the Subcontractor’s work.

 

5.09 Before Kodiak shall be required to pay Subcontractor its final payment, Subcontractor shall submit to Kodiak an affidavit that all payrolls, bills or materials and equipment, and other indebtedness connected with the Subcontractor’s work for which the owner of the project, the project or Kodiak, might in any way be liable, have been paid or otherwise satisfied, certifications that insurance required by this agreement to remain in effect beyond final payment pursuant to this agreement is in effect and will not be cancelled or allowed to expire without at least 30 days’ written notice to Kodiak, and such other documents required by Kodiak or the owner of the project, such as receipts, releases, and waivers of liens, to the extent and in such form as may be designated by Kodiak or the owner of the project. Final payment shall not constitute a waiver of any claims against Subcontractor relating to Subcontractor’s work, and shall in no manner relieve Subcontractor from any liability for the obligations assumed under this agreement or for faulty or defective work appearing after final payment.

 

5.10 If Kodiak does not receive final payment for Subcontractor’s work for any cause that is not the fault of the Subcontractor, Kodiak shall promptly inform Subcontractor in writing. Kodiak shall also diligently pursue, with the assistance of Subcontractor, the prompt release by the owner of any final payment due for Subcontractor’s work.

 

5. 11 This Master Subcontract may cover multiple job orders. As a result, the parties agree that if Kodiak has a claim against Subcontractor on one such job order as a result of backcharges, non-payment by the Subcontractor to its sub-subcontractors or suppliers, or any other contractual right of setoff, then Kodiak has a right of setoff against all other job orders under this same Master Subcontract.

 

6.01 When Kodiakorders a change in writing, Subcontractor, without nullifying this agreement shall make any and all changes to its work that are within the general scope of the Job Order. Adjustments in the contract price or contract time, if any resulting from such changes shall be set forth in a subcontract change order. No adjustments shall be made for any changes performed by Subcontractor that have not been ordered in writing by Kodiak. Every subcontract change order must be in writing, and signed by both Kodiak and Subcontractor, and must state the change in the scope in work, adjustment in the contract price, and any adjustment in the work schedule.

6.02 If the progress of subcontractor’s work is substantially delayed without the fault or responsibility of Subcontractor, then the time for the Subcontractor’s work shall be extended by a subcontract change order that the work schedule shall be revised accordingly. Kodiak shall not be liable to Subcontractor for any damages or additional compensation as a consequent of delays caused by any other party.

 

6.03 Subcontractor binds itself to Kodiak under this agreement in the same manner as Kodiak is bound to the owner of the Project and will so bind its lower tier subcontractors.

 

6.04 Subcontractor shall furnish all the labor, materials, equipment, and services, including, but not limited to, competent supervision, shop drawings, samples, tools and other things as are necessary for the proper performance of Subcontractor’s work in strict accordance with this agreement and any contract documents.

 

6.05 Subcontractor shall be responsible to Kodiak for the accuracy and conformity of its work with the contract documents and other submittals that pertain to its work in the same manner, as Kodiak is responsible to the owner. Subcontractor shall cooperate with Kodiak and all others, whose work may interfere with Subcontractor’s work, shall specifically note and immediately advise Kodiak of any interference with Subcontractor’s work and may participate in the preparation of work schedules relating to the project.

 

6.06 Subcontractor shall designate one or more persons who shall be the authorized Subcontractor’s representative on site and off site. Such authorized representative shall be the only person to whom Kodiak shall issue instructions, orders, and directions, except in an emergency.

6.07 Subcontractor shall notify Kodiak when portions of Subcontractor’s work are ready for inspection. Subcontractor shall at all times furnish to Kodiak and its representatives adequate facilities for inspecting materials at the site, or any place where materials to be used under this agreement may be in the course of preparation, process, manufacture or treatment. Subcontractor shall also furnish Kodiak, in such detail and as often as required, full reports of the progress of Subcontractor’s work, irrespective of the locations of such work.

 

6.08 Subcontractor shall follow Kodiak’s clean up and safety directions and at all times keep each project free from debris and unsafe conditions resulting from Subcontractor’s work and clean each work area prior to discontinuing work in the same.

 

7.02 Subcontractor shall not assign the whole or any part of Subcontractor’s work without the prior written consent of Kodiak.

 

7.03 Subcontractor warrants and guarantees that every part of Subcontractor’s work shall be executed in strict accordance with the contract documents in the most sound, workmanlike, and substantial manner. All workmanship shall be of the best quality, and all materials used in Subcontractor’s work shall be furnished in ample quantities to facilitate the proper and expeditious completion of the work and shall be new except such materials as may be expressly provided in the contract documents to be otherwise.

 

7.04 No substitution shall be made in the Subcontractor’s work unless permitted in the contract documents and only then upon Subcontractor first receiving written approval from Kodiak for such substitution. Subcontractor shall indemnify Kodiak as a result of any such substitutions, whether or not the Subcontractor has obtained approval for such substitution.

 

7.05 Neither Subcontractor, its subcontractors, or employees of subcontractors, nor their respective agents, employees, subcontractors, or suppliers shall use Kodiak’s equipment without express written permission of Kodiak. If Subcontractor, or any of its agents, employees, suppliers, or subcontractors, utilize any machinery, equipment, tools, scaffolding, hoists, lifts, or similar items owned, leased, or under control of Kodiak, Subcontractor shall defend and indemnify against, and shall be liable to Kodiak for any loss or damage, including personal injury or death, which my arise from such use.

 

8.01 Subcontractor warrants its work against all deficiencies and defects in materials and/or workmanship and as called for in the contract documents for a period of one year, unless the contract documents or Job Order, which shall control, expressly provide for a longer warranty period. Subcontractor agrees to satisfy such warranty obligations that appear within the warranty period established above with no cost to Kodiak or the owner of the project.

 

9.01 If Subcontractor refuses or fails to supply enough properly skilled workers, proper materials, or maintain the work schedule, or fails to make prompt payment to its workers, subcontractors, or suppliers, disregards laws, ordinances, rules, regulations, or orders of any public authority having jurisdiction, or otherwise is guilty of a breach of this agreement, Subcontractor shall be deemed in default under this agreement. If Subcontractor fails within two working days after written notification to commence and continue satisfactory correction of such default with diligence and promptness, then Kodiak, without prejudice to any other rights or remedies, shall have the right to any and all of the following remedies:

a.  supply such number of workers and quantity of materials, equipment and other facilities as Kodiak deems necessary for the completion of Subcontractor’s work, or any part of such work Subcontractor has failed to complete or perform after such notice, and charge the cost of such work to Subcontractor, who shall be liable for the payment of the same including reasonable overhead, profit, and attorney’s fees;

b.  contract with one or more additional subcontractors to perform such part of Subcontractor’s work as Kodiak shall determine will provide the most expeditious completion of the project, and charge the costs of such to Subcontractor;

 

c.  withhold payment of any monies due Subcontractor pending corrective action in an amount sufficient to cover losses and compel performance to the extent required by and to the satisfaction of Kodiak and the owner to the project; and/or

d.  in the event of an emergency affecting the safety of persons or property, Kodiak may proceed as above without notice.

9.02. If Subcontractor fails to commence or satisfactorily continue correction of a default within two days after written notice, then Kodiak may, in lieu of and in addition to the remedies provided above, issue a second written notification to the Subcontractor. Such second notice shall state that if Subcontractor fails to commence and continue correction of a default within two working days after written notifications, the agreement will be deemed terminated and Kodiak may use any materials, implements, equipment, appliances, or tools furnished by or belonging to Subcontractor to complete Subcontractor’s work. Kodiak may also furnish those materials, equipment and/or employ such workers or subcontractors as Kodiak deems necessary to maintain the orderly progress of the project. All costs incurred by Kodiak in performing Subcontractor’s work, including reasonable overhead, profits, and attorney’s fees, shall be deducted from any monies due or to become due to Subcontractors. Subcontractor shall be liable for the payment of any amount by which such expense may exceed the unpaid balance of the contract price. If Kodiak performs work under this paragraph or sublets such work to be so performed, Kodiak and/or the persons to whom work has been sublet shall have the right to take and use any materials, implements, appliances, or tools furnished by belonging, or delivered to Subcontractor and located at the project.

 9.03 Should the owner of the Project suspend its contract with Kodiak or any part that includes Subcontractor's work, Kodiak shall so notify Subcontractor in writing and upon written notification

Subcontractor shall immediately suspend Subcontractor’s work, follow all of Kodiak’s instructions, and mitigate all costs and expenses. In the event of such owner’s suspension, Kodiak’s liability to Subcontractor is limited to the extent of Kodiak’s recovery on Subcontractor’s behalf under the contract documents. Kodiak agrees to cooperate with Subcontractor, at Subcontractor’s expense, in the prosecution of any Subcontractor claim arising out of an owner suspension and to permit Subcontractor to prosecute said claim for the use and benefit of Subcontractor.

9.04 Kodiak may order Subcontractor in writing to suspend, delay, or interrupt all or any part of Subcontractor’s work for such period of time as may be determined to be appropriate for the convenience of Kodiak. Phased or interrupted work when required shall not be deemed a suspension of work. Subcontractor shall notify Kodiak in writing within three working days after receipt of Kodiak order of the effect of such order upon Subcontractor’s work. To the extent allowed Kodiak under the contract documents, the contract price or contract time shall be adjusted by a subcontract change order for any increase in the time or cost of performance of this agreement caused due to such suspensions, delay, or interruption. No claim under this provision shall be allowed for any cost incurred more than five days prior to Subcontractor’s notice to Kodiak. Neither the contract price nor the contract time shall be adjusted under this article for any suspension, delay, or interruption to the extent that performance has been suspended, delayed, or interrupted due to the fault or negligence of Subcontractor or by a cause for which Subcontractor would have been responsible. The contract price shall not be adjusted under this article for any suspension, delay, or interruption to the extent that performance would have been suspended, delayed, interrupted by a cause for this Subcontractor would have been entitle only to a time extension under this agreement.

 

10.01 To the fullest extent permitted by law, Subcontractor shall defend, indemnify, and hold harmless Kodiak, its agents, officers and employees, and other contractors and subcontractors and all of their agents and employees, and when required of Kodiak by the contract documents, the owner, from and against all claims, damages, losses, and expense, including but not limited to attorney’s fees, arising out of or resulting from the performance of this agreement by Subcontractor or its work performed under this agreement.

10.02 In any claim against Kodiak or the owner of the project, or any of their agents, officers, or employees, the indemnification obligation of Subcontractor under this provision shall not be limited in any way by any limitation on the amount or type of damages, compensations, or benefits payable by or for Subcontractor under workers’ or workmen’s compensation acts, disability acts, or other employee benefit acts.

10.03 Subcontractor agrees to be bound by, and at its own expense, comply with all federal, state, and local laws, ordinances, and regulations applicable to Subcontractor’s work. Subcontractor shall be liable to Kodiak and the owner of the project for all loss, cost, and expense attributable to any acts of commission or omission by Subcontractor, its employees and agents, resulting from the failure to comply with any law, ordinance, or regulation, including, but not limited to any fines, penalties, or corrective measures.

commercial general liability insurance on an occurrence basis, and all insurance required by the agreement below. Kodiak, the owner of the project, and such other parties as designated by Kodiak shall be named as additional named insured on each of the policies except for the workers compensation. The insurance secured by Subcontractor shall include contractual liability insurance covering Subcontractor’s obligations under the preceding paragraphs. Subcontractor’s comprehensive automobile or commercial liability insurance and comprehensive liability insurance as required by this paragraph shall be written with limits not less than the following:

A.  Comprehensive General Liability Insurance including completed operations: Combined Single Limit:

Each Occurrence $1,000,000

Medical Expenses (any one person)$ 10,000

Personal & Advertising Injury $1,000,000

General Aggregate $2,000,000

Products/Completed Operations Aggregate $2,000,000

B. Comprehensive Automobile Insurance

Combined Single Limit: Bodily Injury and Property Damage $1,000,000 (each occurence)

11.02 Subcontractor shall maintain in effect all insurance coverage required under this agreement at Subcontractor’s sole expense with insurance companies acceptable to Kodiak. All insurance policies shall contain a provision that the coverages afforded there under shall not be cancelled or not renewed, nor restrictive modifications added, until at least 30 days prior written notice has been given to Kodiak. Subcontractors must notify its insurance carrier that he has contractually agreed to a Waiver of Subrogation and all other insurance conditions of this contract. A certificate of insurance or certified copies of policies acceptable to Kodiak shall be filed with Kodiak prior to the commencement of Subcontractor’s work. In the event Subcontractor fails to obtain or maintain any insurance coverage required under this agreement, Kodiak may purchase such coverages and charge the expense of such insurance to Subcontractor, or terminate this agreement. Subcontractor shall continue to carry completed operations liability insurance for at least two years after final payment. Subcontractor shall provide Kodiak evidence of such insurance at final payment and on each year thereafter.

11.03 The worker’s compensations policy shall contain a waiver or subrogation endorsement in favor of Kodiak and its employees. Subcontractor shall execute a joint agreement to be filed with the workers’ compensation commission stating Subcontractor is an independent contractor. If workers’ compensation is not carried in Texas the Subcontractor shall sign the appropriate Texas Workers Compensation Commission form waiving rights to make a workers compensation claim under the workers compensation policy of Kodiak.

 

11.04 Subcontractor waives any claim in its favor by way of subrogation or otherwise for any and all losses, injury, damages, or expenses that are covered by Subcontractor’s policies of insurance, except such rights as Subcontractor may have to the proceeds of such insurance.

12.01 Subcontractor agrees to abide by all work rules as instructed by Kodiak. The failure of the Subcontractor to abide by Kodiak’s work rules may result in immediate termination of the subcontract and forfeiture of payment for work performed.

12.02 Should inconsistencies or omissions appear in any of the contract documents it shall be the duty of Subcontractor to notify Kodiak in writing with two working days of Subcontractor’s discovery of such inconsistency or omission. Upon receipt of said notice, Kodiak shall instruct Subcontractor as to the measures to be taken and Subcontractor should comply with Kodiak’s instructions.

12.03 The partial or complete invalidity of any one or more provisions of this agreement shall not affect the validity or continued force and effect of the remaining provision or the agreement. The failure of either party to insist upon the performance of any of the terms, covenants, or conditions of this agreement, or to exercise any right granted to such party in the agreement, shall not be construed as a waiver or relinquishment of such term, covenant, condition or right as respects further performance.

12.04 Should either party employ an attorney to institute suit to protect its interest in any manner arising out of this agreement, or to collect damages for breach of this agreement, the prevailing party shall be entitled to recover reasonable attorneys’ fees, costs, and expenses incurred in such litigation.

12.05 This agreement is solely for the benefit of the parties to this agreement, and represents the entire and integrated agreement between the parties and supersedes all prior negotiations, representations, and agreements, whether oral or written and does not create a third party benefit or obligation to anyone not a party hereto.

12.06 This agreement and each accepted Job Order shall be governed by the laws of the State of Texas. Exclusive venue regarding any disputes shall lie in Collin County, Texas.

1. THIS AGREEMENT entered into between KODIAK FIRE PROTECTION, INC. having its head office at 507 Prestige Cr., Allen, Texas 75002 (hereinafter referred to as “Company”) and SUBCONTRACTOR

 

hereinafter referred to as “SUBCONTRACTOR”), sets forth the terms and conditions by which Company agrees to disclose certain of its confidential information (hereinafter referred to as “Information”) to SUBCONTRACTOR, for the purpose of and gaining potential clients for KODIAK FIRE PROTECTION, INC.

2. Information includes any and all information, whether oral, written, in a physical embodiment or otherwise, which is disclosed for the purpose as set forth in Article 1 to Subcontractor.

3. Subcontractor agrees:

(a) established and to use the Information only for the purpose set forth in Article 1 hereof;

(b)To treat the Information as being confidential and to protect the Information with no less care than that Subcontractor uses to protect its own proprietary information;

(c)To restrict circulation and disclosure of the Information within its own organization to employees who have a need to know in connection with the “purpose” of the disclosure as set forth in Article 1, and to ensure that such employees are informed of the confidential nature thereof and agree to and are required to observe the provisions of confidentiality set forth herein;

(d)No to disclose the information to any other party without the written consent of Company;

(e)Subcontractor shall not have any contact with Company’s customers and/or clients without prior written authorization from Company.

(f)Not to reproduce the Information without the written authorization of Company; and

(g)To return the Information promptly upon request of Company, or, in any event, upon termination or completion of this Agreement, together with any copies and/or negatives made thereof. Upon return of the Information, Subcontractor if so desires, may retain the files of its legal counsel, for archival purposes only, one copy of all materials returned so as to provide Subcontractor with a record of such disclosure.

4. However, Company acknowledges that Subcontractor shall not be liable for disclosure or use of the information:

(a) domain subsequent to time of disclosure under this Agreement through no fault of Subcontractor; or 

(b)Which was known to Subcontractor at the time of disclosure; or 

(c)Which is disclosed with the written approval of Company; or 

(d)Which is independently developed by Subcontractor without use of Information; or 

(e)Which is rightfully furnished to Subcontractor by a third party; or 

(f)Which is disclosed or required by judicial action; or 

(g)Which is furnished to a third party by Company without a similar restriction on the third party’s rights; or

 

(h) Which is disclosed inadvertently provided that the receiving party uses the same degree of care it uses for its own information of a similar nature and that it shall endeavor to effectively prevent any further such inadvertent disclosure or use; or

(i) After (5) years from the date of termination of this Agreement.

 

5. This agreement constitutes the entire Agreement between the parties hereto with respect to the subject matter hereof and there are no representations, warranties, terms, conditions, undertakings, or collateral agreements, express, implied or statutory, between the parties other than as expressly set forth in this Agreement.

 

6. This Agreement shall endure to the benefit of and be binding upon the respective heirs, executors, administrators, successors and permitted assigns of the parties.

 

7. Any demand, notice or other communications to be given in connection with this Agreement shall be given in writing and shall be given by personal delivery, by registered mail or by electronic means of communication addressed to recipient as follows:

 

TO: Kodiak Fire Protection, Inc.

507 Prestige Circle Allen, TX 75002

Facsimile: (800) 335-6449

Email: subpay@kfptx.com

8. This Agreement shall be governed by and construed in accordance with the laws of the State of Texas.

9. The undersigned individuals executing this Agreement hereby represent and warrant that they have the authority to make agreement on behalf of their company.

KODIAK GENERAL JOB STANDARDS FOR SUBCONTRACTORS

Kodiak’s main goal is to provide quality installation and service to our customers. In order to do this, everyone, including Kodiak’s subcontractors, must operate as a team and realize that our customers should always be #1.

Kodiak’s subcontractors are expected to work in accordance with Kodiak’s schedule. When subcontractors are given job assignments, these assignments are to be completed as quickly and efficiently as possible with complete regard to safety and quality.

Any subcontractor observed loafing on the job, or unnecessarily extending or dragging out time given to complete a job shall face possible termination.

Subcontractors shall abide by the following rules of conduct:

1. Be prompt when assigned work.

2. Provide quality installation and service at all times.

3. Your appearance is important. Always appear in Kodiak assigned apparel. No other names or logos on apparel is permitted.

4. Your vehicle must be marked with Kodiak provided magnetic signage.

5. Greet the customer (s) with a smile and a positive, professional attitude.

6. Be helpful and courteous.

7. Refrain from making negative remarks in front of the customer about anything (especially what a previous service technician did or did not do for the customer.)

8. Never take direction from anyone other than Kodiak or your lead person to alter the approved plans and specifications.

9. Absolutely no foul language is permitted and may result in your being barred from the project.

10. Take the extra time to fix a potential problem when it’s noticed.

11. Clean up after yourself.

12. Always wipe off or remove your dirty shoes (use your discretion) before entering homes or businesses when you risk damaging or staining the customer’s flooring. The cost of cleaning shall be deducted from that subcontractor’s paycheck.

13. Do not use another trade’s scaffolding, ladders or tools of any kind without Kodiak’s permission.

14. Maintain good hygiene and a clean, professional appearance at all times.

 

Agreed:

Work Flow Process for Subcontractor Payments

• Master Subcontractor Agreement

oAgreement signed and returned oW-9 turned in oIndependent relationship form oCOI issued to KFP

oMust be returned to KFP within 48 hours of receiving plans to bid job.

oTo be signed and return to KFP within 24 hours of issuance. oKFP will return approved job order to start job.

• Subcontractor invoice submittal
  • Email invoices to: subpay@kfptx.com b y 9:00 am on Monday’s and must include the following:
    • Invoice
    • Pre-Inspection worksheet must be signed by Sub and KFP Pm
    • Final Inspection worksheet must be signed by Sub and KFP Pm (if applicable)

• KFP will send the following for signature upon receiving Subcontractor invoice and inspection worksheet(s The following must be signed and returned within 24 hours or checks will not be released and payment will be delayed for up to two weeks. 
  • Pay App
  • Lien Release
• Check pick-up
  • Friday’s between 9:00am & noon OR between 1:00pm to 3:00pm

*KFP WILL HOLD 10% RETAINAGE ON ALL PAY APPS. RETAINAGE WILL BE PAID WHEN JOB HAS BEEN TRIMMED AND FINALED.

**THE ABOVE MUST BE FOLLOWED AND ADHERED TO FOR PAYMENTS TO BE RELEASED!!!