1. Accuracy of Content
Fillmore Construction makes every effort to ensure that the content of the Website is accurate and up-to-date, but Fillmore Construction does not offer any warranties (whether express implied or otherwise) as to the reliability, accuracy or completeness of the information appearing on the Website. Fillmore Construction may remove material from the Website at its own discretion and without giving any notice. Any information offered, while based on information we believe to be accurate is intended to be general in nature. If you choose to rely on such information you do so entirely at your own risk and (subject to applicable laws) Fillmore Construction cannot be held responsible for the outcome.
2. Intellectual Property
You acknowledge and agree that all copyright, trademarks and other intellectual property rights in the Website content, software and all HTML and other code contained in this Website, shall remain at all times vested in Fillmore Construction and/or its licensors and is protected by copyright and other laws and international treaty provisions. Any other trademark remains the property of its respective owner(s). Users may not modify, copy, distribute, transmit, display, redistribute, reproduce, publish, license, commercially exploit, create derivative works from, transfer, or sell any material which may be displayed on the Website from time to time without first obtaining permission to do so from Fillmore Construction in writing. The Website and its contents are copyright material and the copyright is owned by Fillmore Construction unless stated otherwise. Without limiting the foregoing, copying the above listed materials to any other server or location for publication, reproduction or distribution is expressly prohibited. Any other third party trademarks remain the property of their respective owners. If you wish to obtain permission to make use of any of the trademarks or other material that may be displayed on the Website from time to time please contact us. Fillmore Construction shall not be responsible for seeking any additional authorization required for third party use of any trademark not owned by or licensed to Fillmore Construction for such use.
3. Prohibition on Authorized Use of Content
You are permitted to use the material that is displayed on the Website from time to time only as expressly authorized in writing by Fillmore Construction or its licensors. This Website is intended to provide information relating to Fillmore Construction business practices use only. Users may not use this Website, or any of the material appearing on the Website from time to time to further any purpose, including (but not limited to) advertising or to promote or generate activity on any other website without our express written permission.
5. Limitation of Liability
Personal Information and Uses
1. Privacy concerns focus on Personal Information – information that could identify a specific individual such as personal names, addresses, e-mail addresses, and telephone numbers. If during your visit you complete a form, or submit other information to us such sending an email or a job application, you will likely provide us with Personal Information.
2. By submitting your Personal Information to us, you are giving your permission for the collection, storage, use and disclosure of Personal Information referred to in this policy. If you do not agree with this Policy, please do not use this Site or provide Fillmore Construction with your Personal Information.
3. We collect and use Personal Information in order to:
• respond to queries or requests that you submit;
• process job applications that you submit;
• in the case of use of Plan Room, to administer this application.
Information you provide us with
When you register on this Site, such as in Plan Room, we may ask you to provide us with Personal Information, and if appropriate, user names, passwords and other such credentials that are used to authenticate and validate access to certain information on this Site.
Communicating with you
We may use your Personal Information to communicate with you, for example, to provide information relating to applications for jobs or the use of Plan Room.
We may be obligated by law to disclose your Personal Information to certain authorities or other third parties, for example, to law enforcement agencies in the countries where we or third parties acting on our behalf operate. We may also disclose and otherwise process your Personal Information in accordance with applicable law to defend Fillmore Construction’s legitimate interests, for example, in civil or criminal legal proceedings. We may also disclose Personal Information we deem necessary to enforce this agreement or investigate apparent breaches of this agreement.
Security of your Personal Information
We have implemented technology and policies with the objectives of protecting your privacy and protecting your Personal Information from unauthorized access and improper use and will update these measures as new technology becomes available, as appropriate. Fillmore Construction will make all reasonable efforts to protect your Personal Information and keep it from unauthorized disclosure. However, Fillmore Construction shall not be liable for the release of Personal Information, howsoever caused, and in using this Site, you agree to be bound by the limitations in paragraph 6 of these terms and conditions.
FILLMORE CONSTRUCTION – STANDARD SUBCONTRACTOR TERMS AND CONDITIONS
This transaction between Fillmore Construction Management Inc. (FCMI) and the vendor (described herein as Trade) in the attached subcontract document will be governed by the following terms and conditions:
Current Liability Insurance and Workers Compensation Clearance for the province in which the site is located must be submitted before any physical work is started on site; additionally a signed copy of the Subcontract document must be returned before any progress payments will be processed. The Trade is bound by the terms and conditions of the Prime Contract that is governed by the plans, specifications, general and supplementary conditions and the addenda for this Project. The Trade is required to implement and administer this Fillmore Construction – Standard Terms and Conditions to all of its Sub-subcontractors and suppliers.
1.1. FCMI – Refers to Fillmore Construction Management Inc.
1.2. Trade – Refers to the trade that FCMI has made this Sub Contract agreement with. It is required that all Sub-subcontractors and suppliers contracted by the Trade follow the same requirements as the Trade.
1.3. Sub-subcontractor – Refers to any contractor engaged by the Trade.
1.4. Consultant – Refers to the architect and engineering group who prepared the design documents or prepared the Project for distribution.
1.5. Owner – The end user of the Project or anyone with authority to provide payments to FCMI.
1.6. Project – Refers to the Project as defined in the Plans and Specifications prepared by the Consultant and the Project as defined by the attached Sub Contract.
1.7. Site – The location of the Project.
1.8. Project Manager – The FCMI manager for this specific Project as selected and assigned by FCMI.
1.9. Site Superintendent – The FCMI assigned field manager for this specific Project, this person may vary from time to time or day to day depending on the schedule requirements for the Project and other conditions.
1.10. Project Schedule – The schedule specific to the Project as prepared by FCMI, the schedule may vary time to time as directed by FCMI.
1.11. Fillmore Construction – Standard Terms and Conditions (Trade Sub Contract Agreement) – This document and the associated Sub Contract Document.
1.12. Delegated Design – Any scope of work for which the Trade is responsible to engineer or design some component of the work as part of their scope of work.
2. Safety Requirements
FCMI is committed to providing and maintaining a healthy and safe work place, and to being responsible for the management of all environmental aspects of our business. FCMI believes that all incidents are preventable. Our goal is ZERO incidents. Active participation at all levels will ensure that our goal can be achieved and everyone can go home safe.
2.1. Legislative Requirements
2.1.1. The Trade will comply with all applicable governing Health, Safety and Environmental Legislation.
2.1.2. The Trade will comply with the Health, Safety and Environmental policies of FCMI. The Trade is responsible to review FCMI’s full policies available on site with the FCMI Site Superintendent or in FCMI’s Edmonton office.
2.1.3. The Trade will be responsible to pay all administrative safety fines issued by governing bodies as a result of the Trade’s actions.
2.2. Safety Rules and Regulations
2.2.1. The Trade will assume full responsibility for its employees and Sub-subcontractors actions on any FCMI site, and ensure their compliance with all rules and regulations.
2.2.2. The Trade will ensure that all of its employees and Sub-subcontractors are equipped and supplied with all proper personal protective equipment required under the more stringent of FCMI’s Health and Safety policy, the Trade’s Health and Safety Policy, the Owner’s Health and Safety policy and any governing legislation. The Trade will ensure that the proper personal protective equipment is being used at all times while on site based on the work being performed. FCMI’s minimum personal protective equipment requirements include the use of a CSA approved Hard Hat, Steel Toe Boots, Safety Glasses, Safety Vest, full length pants and a sleeved shirt at all times.
2.2.3. The Health, Safety and Environmental requirements set forth by FCMI constitute the minimum requirements for all parties working on this Project. The Trade is responsible to uphold the more stringent requirements of FCMI or the Trade.
2.2.4. The Trade will ensure that all new employees and Sub-subcontractors entering the Project site advise the FCMI Site Superintendent the day before entering the site to arrange for a personal site orientation by the Site Ssuperintendent or assignee; site orientations are held once daily.
2.2.5. The Trade is responsible to ensure that any inspections required to complete its work are ordered and completed in a timely manner to maintain the Project schedule. These inspections include but are not limited to First Call inspections, regular re-inspections as required by First Call and any private inspections required in order to ensure the safety of all workers.
2.2.6. The Trade will ensure that all of its tools and equipment on any FCMI site are used and maintained in accordance with manufacturer’s specifications without any alterations. All work practices must be performed in a safe manner according to FCMI policies, the Trade’s policies, the Owner’s policies and any governing legislation. The Trade will ensure that its employees and Sub-subcontractors have appropriate training and certification to use any equipment required throughout the duration of the Project. The Trade will be responsible to verify competency of all of its employees and Sub-subcontractors on any equipment used by them regardless of who supplied the equipment. A competent representative of the Trade will be responsible to complete an equipment checklist prior to the use of any equipment regardless of who owns the equipment. Equipment checklists must be completed a minimum of once daily when the equipment will be operated in any way. This documentation must be available for inspection at any time the equipment is on an FCMI Site
2.2.7. The Trade and its Sub-subcontractors will perform daily Hazard Assessments prior to starting any task. Hazard assessments will be performed a minimum of once per day and updated prior to any new task. The Trade will ensure that all of its employees have reviewed and signed a daily hazard assessment every work day.
2.2.8. The Trade will perform a Tool Box Safety Meeting with all their site employees at least once per week. The Trade will ensure that its Sub-subcontractors perform their own Tool Box Safety Meeting on a weekly basis or attend the Trades Tool Box Safety Meeting. Copies of these safety documents must be submitted to the Site Superintendent on a weekly basis.
2.2.9. The Trade will ensure that housekeeping is kept to a high standard at all times while performing work on the Site. The Trade will ensure that such housekeeping includes, but is not limited to keeping walkways clear, removal of trash and debris, and ensuring elimination of any slip and/or trip hazards in its work area.
2.2.10. Consuming, being under the influence of, or being in possession of alcohol or illegal or controlled prescription drugs on any FCMI premises, in vehicles or on any work site, is strictly prohibited. If the Site Superintendent, Project Manager or any safety officers have any reason to believe that a worker may be under the influence of alcohol or illegal or controlled prescription drug FCMI will contact the Trade Project manager. The Trade will remove the worker from site immediately and will be required to complete testing to confirm if any infractions have occurred. Any worker who FCMI believes may be under the influence will not be permitted back on site until testing information from a certified agency has been provided to FCMI. FCMI will in no way be responsible for the costs of or the coordination of the above noted tests or getting the noted worker to the proper facilities for testing regardless of the test results.
2.2.11. Any worker with a medical condition which could cause a hazard to the worker or other workers on site must bring the condition to the attention of the Site Superintendent before beginning work on Site. Only at this time may controlled prescription drugs be allowed on site for this specific condition if accompanied by a signed doctor’s note indicating that the worker is able to perform their required tasks.
2.2.12. Smoking will not be permitted inside the construction zone except in a specific zone designated by the Site Superintendent.
2.2.13. MSDS documentation must be supplied to the Site Superintendent for all controlled products immediately upon arrival of products to the Site. All safety requirements detailed in the MSDS documentation must be adhered to in full.
2.3. Incident Reporting
2.3.1. The Trade will ensure that the FCMI Site Superintendent is notified immediately if any of the Trade’s workers are involved in a near miss, personal injury/first aid, medical aid, property damage or any other incident on any FCMI site. A full investigation and an incident report must be completed immediately, and submitted to the Site Superintendent within 24 hours. No person representing this trade or any of its Sub-subcontractors will ever speak to the press regarding any incident on an FCMI site.
2.4. Safety Compliance
2.4.1. Failure to adhere to any of the above regulations may result in disciplinary safety warnings, suspension from Site, and/or termination of this Sub Contract with prejudice.
2.4.2. The Trade and its Sub-subcontractors will follow the safety direction of any FCMI Safety Officer or Supervisor. Anyone refusing to follow FCMI direction will be removed from the Site immediately.
2.4.3. The Trade will enforce FCMI Safety Guidelines with all of its Sub-subcontractors and suppliers while on the Site.
2.5. Safety Meetings
2.5.1. The trade will participate in any and all meetings as required by FCMI, the Consultant, and the Owner upon receiving reasonable notice, these meetings include but are not limited to:
Project Startup Meetings
Safe Work Plan Meetings
Daily Safety Meetings
Weekly Progress Review Meetings
Weekly Tool Box Meetings
Safety and Loss Management Meetings
Quality Control / Assurance Meetings
Material Planning Meetings
Accident / Incident Investigation Meetings
Potential Problem Analysis Meetings
Project Close Out Meetings
3. Quotation Requirements
3.1. The Trade is responsible to ensure it has reviewed the most current plans, specifications, and addenda for the Project. Any scope of work quoted by the Trade is assumed to include all requirements identified in the Project plans, specifications and addenda unless specifically excluded in writing in its quotation submitted before tender closing time, a list of inclusions will not limit this Trade’s responsibilities to understand and include their full Project scope. It is the responsibility of the Trade to read and understand the Project plans and specifications in full. The Trade confirms that its quotation follows the scope requirements set forth in the Alberta Construction Trade Definitions (2014) at a minimum; however this document will not limit the Trade’s responsibilities as set forth in the Project documents. The Alberta Construction Trade Definitions (2014) document can be obtained at the Edmonton Construction Association.
3.2. The Trade will include all scopes as per the contract documents with no deviations in material specifications or brands. If the Trade carries an alternate material in its quotation without clarifying this in their quotation then they will be responsible to change to the specified material at no additional cost or compensate FCMI for any losses due to this Trade carrying a non-compliant material.
3.3. The Trade is responsible to ensure all components of a delegated design scope of work are either included in their quotation or clearly excluded on their quotation. This includes any scopes of work which are not typically included in the trade’s typical scope of work. If additional work is required due to this Trade’s delegated design and it is not specifically excluded then this Trade will be responsible to complete the work regardless of what the scope is.
3.4. The acceptance period of the Trade’s quotation will not be less than the period identified in the Project tender documents. FCMI is responsible to hold its quotation for this amount of time and FCMI require the Trade to hold their quotation for the same time.
3.5. If the Trade refuses to enter into a Sub-contract before the acceptance period as set forth in the Project tender documents expires or fails to complete their scope of work as contracted then the Trade will be responsible for all costs incurred to FCMI due to the Trades failure to enter into sub-contract or complete their contract as per the quotation provided.
3.6. If the Trade provides a quotation for multiple scopes of work, FCMI has the right to award one or more scopes but not necessarily all scopes at the price quoted unless it is specifically stated on the Trades quotation that the scopes must be awarded together.
3.7. The Trade will indicate any Sub-subcontractors they intend to use and for which scopes they intend to use the sub-subcontractor in their original quotation. The Trade will not enter into a Sub-subcontract without the prior written approval of FCMI, approval may be withheld at FCMI’s sole discretion. The approval by FCMI of any Sub-subcontractor, will not relieve the Trade of its obligations under the Trade Sub Contract Requirement or Sub Contract Document.
4. Project Schedule
4.1. The Trade is responsible to make all reasonable efforts, as determined by FCMI, to adhere to the Project Schedule. The Project Schedule may be altered from time to time by FCMI. If the Trade is unable to maintain the schedule it must inform the Project Manager of its concerns in writing immediately.
4.2. If the Trade or its Sub-subcontractors, either directly or indirectly negatively impact the Project Schedule, it will be required at no additional cost to FCMI to take all necessary steps including but not limited to additional staffing, overtime, special equipment, and special deliveries to achieve the Project Schedule as quickly as possible. If the Trade is unwilling or unable to take the required steps then FCMI will at its sole discretion provide the Trade with written notice that it has three days to take action to return to the Project Schedule. If the Trade fails to take the steps necessary to achieve the Project Schedule within three days, then the Trade’s Sub Contract will be terminated, and FCMI will assume responsibility for the Trade’s scope of work. The Trade will be solely responsible for any and all costs, direct or indirect, arising from the Trade failing to meet the Project schedule.
4.3. If the Project Schedule falls behind due to issues outside the control of the Trade it is still the responsibly of the Trade to complete its scope of work in the duration as originally identified on the original Project Schedule but on the revised timeline. In the event of a change to the Project Schedule, FCMI shall issue an updated Project Schedule identifying the same scope duration as previously required. Time is of the essence. Every reasonable effort must be made to achieve the Project schedule.
5. Shop Drawings and Submittals
5.1. Upon award FCMI will request a summary of all shop drawings and submittals, this summary must be returned in full within one week of request. Timely submission of all shop drawings and submittals is imperative. Project delays due to the Trade’s failure to submit its shop drawings and submittals in a timely and organized manner will not be deemed as grounds for deviation from, or alteration of, the Project Schedule.
5.2. The Trade is responsible for providing and maintaining a listing of all of its past, current, future, approved, submitted, resubmitted, and rejected shop drawings throughout the duration of the Project. This document must be submitted to FCMI at the start of the Project and with every shop drawing submission. A blank submittal listing template will be made available to the Trade.
5.3. If any long delivery materials are required for their scope of work, the Trade will notify the Project Manager immediately upon award of contract so that measures can be taken to mitigate schedule delays. If delivery issues arise the Project Manager must be informed immediately in writing. The Trade may be required to make special arrangements to get timely delivery of materials to ensure it meets the Project Schedule. Any additional costs will be the responsibility of the Trade.
5.4. The Trade is responsible to review full Project specifications, drawings, and addenda for specific submittal requirements. The Trade is responsible to ensure accuracy and completeness of shop drawings and submittals as per the contract documents. Any engineer stamps required in the specifications must be completed by the Trade at time of submissions. Submission and review of shop drawings does not constitute any form of acceptance of materials by FCMI, the Trade is responsible to ensure its shop drawings meet the Project requirements set forth in the construction documents.
5.5. The trade will complete submittals in metric or imperial to match the Project documents at no additional cost.
6. Contract Closeout Requirements
6.1. The Trade is required to provide the Owner with any training and/or commissioning on equipment as requested or deemed necessary by FCMI, the Consultant or the Owner. Written confirmation signed off by a responsible and appropriate representative of the Owner must be supplied to FCMI if requested, or if required in the contract documents.
6.2. The Trade is required to provide Operations and Maintenance manuals and As-Built drawings for the Project. If the Project specifications call for specific requirements, then those requirements will take precedence. If the Project specifications do not outline specific requirements then all Operations and Maintenance Manuals and As-Built drawings will be submitted in a manner acceptable to the Project Manager. The Trade’s contract will not be considered complete until these documents are accepted by FCMI, the Consultant and the Owner.
6.3. The Trade will leave adequate maintenance materials on site in a location and manner acceptable to the Site Superintendent and as noted in the Project Specifications. Upon completion it is the Trade’s responsibility to have the material signed off by the Site Superintendent in Writing.
6.4. Until adequate maintenance materials are left on site in a satisfactory manner and satisfactory Operations and Maintenance manuals, warranty certificates and As-Built drawings are submitted and deemed acceptable by FCMI, the Consultant and the Owner, 10% of the Trade’s total contract value, with a minimum value of $20,000 may be retained by FCMI.
7. Invoicing Guidelines
7.1. The Trade’s invoices are to be received in FCMI’s office by the 25th of each month. The Trade may send their invoice by Fax, or by email PDF to email@example.com, or by hard copy to our Edmonton office. If the Trade’s invoice is not received through one of these methods it will be considered not received until such date that it is received through one of these methods.
7.2. If FCMI, the Consultant or the Owner believe the invoice amount is in excess of the work completed to date FCMI reserves the right to advise the Trade that it must resubmit the invoice by the 10th of the following month with an appropriate billing amount. If an invoice needs to be revised, it may result in delay of payment for the invoice. No invoice will ever be paid for any amount other than the amount invoiced, if the invoice amount needs to be changed it will be the Trades responsibility to adjust and resubmit the invoice.
7.3. All invoices must be submitted with a fully and properly filled out Fillmore Construction Invoice Backup summary. The Invoice Backup summary values must match the values on the progress invoice. No invoice will be processed or paid at all without a fully and properly filled out Invoice Backup Summary. A sample of the Invoice Backup document has been attached to this Sub Contract documentation. The excel file can be obtained on FCMI’s website for Trade use.
7.4. For a Change Request to be invoiced the Trade must first receive a Fillmore Construction issued Change Order for the Change Request. See section 8 for details about Change Requests.
7.5. Current confirmation that the Trade maintains an account in good standing with the Workers’ Compensation Board for the appropriate province or territory of work must be included with all invoices. Statutory declarations must be supplied with all invoices after the first invoice. If these items are not included with the invoice submission then processing of invoices will be delayed until these documents are received. If at any time the Trade’s Workers Compensation clearance falls into arrears it will be required to provide clearance immediately prior to work commencing. If clearance is not obtained within 72 hours, the Trade’s contract may be terminated.
7.6. The Trade is responsible to provide current General Liability Insurance and Automobile Liability Insurance with a minimum coverage of $5M each, these insurance policies must list “Fillmore Construction Management Inc” as additionally insured. The Trade is responsible to provide FCMI with current insurance at all times.
7.7. The specific Lien Act as per the province the work is completed in will pertain to all work the Trade completes. The Lien holdback period will be based from the date of entire Project substantial completion, not substantial completion of any Trade specific scope. Holdback release will be 45 days from Project substantial completion.
7.8. The Trade will receive payment for the current months billing within ten days after receipt of payment by FCMI from the Owner for the work in question.
7.9. Until satisfactory Operations and Maintenance manuals, warranty certificates and As-Built drawings are submitted and deemed acceptable by FCMI, the Consultant and the Owner, 10% of the Trade’s total contract value, with a minimum value of $20,000 will be retained by FCMI.
7.10. Unless specifically identified in the Trade’s original quotation no deposits for future labour, material, equipment or Sub-subcontractors will be considered payable before work is completed or delivered to site.
7.11. If the Trade requests to receive payment within fifteen days of invoice submission then FCMI may at their discretion offer early payment with a 2% discount on the value of the invoice.
8. Trade Change Requests
8.1. Change request pricing must be received within seven (7) calendar days of receipt of a written change request or as noted in the contract documents. Costs must be deemed reasonable by FCMI, the Consultant and the Owner. The Trade must provide a full labour and material breakdown for all changes. Backup of Sub-subcontractor quotations are required with any change request, these must also show a full labour and material breakdown. Supplier invoices, and substantiated proof of internal worker’s pay may be required if change request amounts are deemed unreasonable.
8.2. If the Contract Documents indicate a percentage profit allowed on change requests then the Trade must adhere to those rates without exception. Where the contract documents do not specify rates, change request overhead rates will not exceed 5% and profit rates will not exceed 5% of actual change costs for each of the Trade and its Sub-subcontractors.
8.3. Change requests that should result in a credit must be found reasonable by FCMI, the Consultant, and the Owner. If the Trade is not willing to offer a reasonable credit then FCMI, the Consultant and the Owner will determine a fair credit for the applicable scope of work.
8.4. The Trade is to note any reasonable increase in contract duration for completing a change request at the time a change request is produced. Contract extensions must be agreed upon by FCMI, the Consultant and the Owner. If no notification of contract extension is provided with pricing for a change request, FCMI will assume the change has no impact on the Trade’s schedule requirements. Contract extensions will not be accepted after the change request has been submitted.
8.5. Change request costs must be presented to the Project Manager in writing prior to any work proceeding, the Site Superintendent is not able to approve a change request or any costs associated to a change request. The Trade’s responsibility to provide pricing before work proceeds can only be waived by the Project Manager in writing.
8.6. If the Owner or Consultant requests a change on Site, the Trade must inform the Project Manager in writing of work required prior to any work commencing. If the Project Manager is not informed then requests for additional compensation may be rejected.
8.7. Force Account work can only be initiated through written direction by the Project Manager. No other person can initiate a force account including the Site Superintendent. If a force account is required it must be authorized in writing before any costs are incurred. Any costs incurred before the force account is authorized in writing may be rejected. Inclusive force account labour and equipment rates must be submitted and approved by FCMI prior to any force account work starting on Site. Hours spent, equipment rentals and material used on Site must be signed off by the Site Superintendent, however, final approval of number of billable hours, hourly rates and other costs for the work can only be approved by the Project Manager.
9. Project Staffing
9.1. The Trade must keep a competent and knowledgeable supervisor on Site through the completion of its scopes of work. The Trade may not change its supervisor without written approval by FCMI. The Trade must remove, substitute and/or add tradesmen to the Project to complete its work on schedule, and in a competent and professional manner as directed by FCMI and as required by the Project documents.
10. Material Deliveries and Storage of Materials on Site
10.1. FCMI and their employees are not responsible for receiving materials or equipment delivered to the Site. The Trade will have equipment and sufficient labour on Site to receive and off load its own materials. Arrangements can be made with FCMI to receive materials or equipment on behalf of the Trade, however labour and equipment costs may be charged by FCMI. FCMI will assume no responsibility for the quantity, quality, and confirmation of delivery or condition of any materials received.
10.2. FCMI are not responsible for the condition of any material or equipment moved by FCMI labour or equipment for any reason. Damages to the Trades material and equipment will be solely the Trades responsibility regardless of it being moved with FCMI equipment or labour.
10.3. It is the Trade’s responsibility to protect and secure their materials from damage or theft. The Trade will supply appropriate storage facilities to ensure protection and security of its materials. FCMI will only accept possession and responsibility for materials delivered to the site if explicitly agreed to in writing by the Project Manager. If materials are damaged or stolen it will be the Trade’s responsibility to obtain new materials as required to complete the Project on Schedule at its cost. The Trade will not store excess or no longer required materials on Site; excess materials must be removed from the site promptly.
10.4. All equipment and materials must be delivered with adequate manuals and MSDS sheets.
11. Special Accreditation
11.1. Any responsibilities for special accreditations of any sort including but not limited to LEED and Builtgreen as required in the Project Documentation will be enforced. The trade will provide all necessary documentation in the timelines specified by the Project Manager and will ensure that all on-site requirements are met at all times.
12. Damage of Other Trades Work
12.1. If the Trade damages the work of any other trade, then the Trade that caused the damage will be responsible for costs associated with the repair or replacement of the work. If no trade will accept responsibility for damages then FCMI will solely determine how costs for repairs will be divided or attributed amongst the trades present on Site, this decision will be binding.
13. Protection of Work
13.1. The Trade is responsible to protect its materials through the completion of installation. Its responsibility will only be relieved if specifically agreed to in writing by the Project Manager.
13.2. The Trade will promptly remove and replace, or repair defective products to the satisfaction of FCMI, the consultant and the Owner. Monies and/or substantial completion may be withheld at FCMI’s sole discretion until such work is completed to the satisfaction of FCMI, the Consultant and the Owner.
14. Construction Period Defects
14.1. The trade will be responsible to correct or repair any defects in its work at no cost to FCMI, throughout the construction period regardless of when in the Project the defect is identified and regardless of whether FCMI, the Consultant or the Owner has previously accepted or reviewed such work and overlooked or missed the defect. Defects must be remedied in the timelines required by FCMI to facilitate the Project schedule.
15. Cleanliness of Work Area
15.1. FCMI will provide garbage and/or recycle bins for use by the Trade for general waste unless otherwise noted in the Trade’s quotation and/or the FCMI Sub Contract. The Trade is responsible to sort recyclables and garbage into appropriate bins on a daily basis or more frequent if directed to do so. If debris is not removed in a timely manner, costs may be applied for removal of debris by FCMI. FCMI will only be responsible to sweep general dust, the Trade is responsible to complete all cleaning associated to their work. Failure to do so will result in FCMI cleaning the Trade’s work area and charging costs back to the Trade.
15.2. All temporary structures including but not limited to scaffolding, storage containers, mud huts, and trailers must be removed immediately after completion of work unless expressly requested or approved by the Project Manager. These structures may need to move at no cost to FCMI from time to time to facilitate certain scopes of work
16. Permits, Inspections and Confirmation of Installation
16.1. The Trade is responsible to obtain all required Consultant inspections, permits, municipal inspections and licenses necessary for the region in which the Project is being completed. These will be attained by the Trade in a timely manner to facilitate the Project Schedule and requirements. Any and all costs and other consequences from the Consultant and authorities related to the Trade not obtaining the necessary permits, inspections and licenses will be the sole responsibility of the Trade including any liquidated damages, and/or other damages for delay.
16.2. Any Trade whose scope of work includes below grade water, sanitary or storm lines of any sort will follow the below guidelines. The Trade will be responsible to complete pressure tests on all under slab and overhead water lines in a timely manner and present documentation to the Project Manager. The Trade will camera all under slab drainage lines prior to concrete or asphalt finishes being applied to ensure there are no sags or damages in the lines. If the above preventative measures are not taken then any and all liquidated damages associated with leaks or line failures found within six years of substantial completion will be the sole responsibility of the Trade. The Trade is responsible to provide the Site Superintendent with a signed Pressure Test and Camera Survey Quality Control document prior to the scheduled concrete / asphalt pour dates, it is not FCMI’s responsibility to advise the Trade of these requirements on site or confirm that the Trade has completed their responsibilities as part of this section. A blank copy of our standard Pressure Test and Camera Survey Quality Control Document is available on FCMI’s website. A copy of the camera survey video in digital format and the pressure test confirmation data must be included in the Operations and Maintenance Manuals. FCMI will not be responsible for any sags or deflections in pipes due to inadequate material being packed below piping by the Trade.
17. Quality Assurance Quality Control Program
17.1. FCMI enforces a strict QAQC program on all FCMI Projects. The Trade is responsible to enforce, assist in and enable FCMI’s and any other QAQC program as required on this Project. No additional costs will be applied by this Trade to FCMI for involvement in any QAQC program.
18. Project Communication
18.1. The Trade will provide the cell phone numbers and email addresses for the Trade’s project manager and Trade’s site manager to the Project Manager upon receipt of Sub Contract. FCMI needs to be able to discuss any Project concerns with the Trade’s Project manager and Trade’s site supervisor during regular business hours and after hours depending on the Project requirements. Should FCMI have concerns, and the Trade is not facilitating discussion, then FCMI will take whatever actions are necessary to mitigate the Project concern at the Trade’s expense.
19. Project Insurance Requirements
19.1. The Trade is responsible to provide current General Liability Insurance and Automobile Liability Insurance with a minimum coverage of $5M each, these insurance policies must list “Fillmore Construction Management Inc” as additionally insured. The Trade is responsible to provide FCMI with current insurance at all times.
19.2. If the Trade causes any damages or loss during the Project which will be paid for by course of construction insurance, then the Trade will be responsible for the full cost of the insurance deductible.
19.3. If the Project is considered wood or hybrid wood/steel construction, the Trade will adhere to all special requirements set forth by FCMI for this type of Project. Any and all liquidated damages incurred due to failure to adhere to these requirements will be the sole responsibility of the Trade.
20. Rights to Resolve Trade Disputes
20.1. If a Sub-subcontractor or supplier of the Trade liens the Project or if any sort of law suit is issued against FCMI, the Consultant or the Owner due to the Trade then the Trade will take immediate action to discharge the lien or settle the suit. If a lien is not immediately discharged or if a Sub-subcontractor or supplier advises FCMI of a dispute that is not being promptly resolved by the Trade then FCMI reserves the right to resolve the dispute or discharge the lien or law suit at the Trades expense with no approval by the Trade. The Trade will be liable to FCMI for any and all expenses related to discharging a lien or settling a dispute from its Sub-subcontractor or supplier including any legal or other fees and expenses. The Trade is responsible to take all reasonable efforts to ensure the Project does not get liened for any reason.
21.1. FCMI reserves the right to use all retained funds including lien holdback funds from any project which FCMI has contracted the Trade to set-off against outstanding or disputed liabilities arising out of the performance of any contract the Trade has with FCMI. If the Trade becomes insolvent, declares bankruptcy, doesn’t pay or is unable to pay its liabilities for any reason, FCMI reserves the right to pay its liabilities directly to the Trade’s Sub-subcontractors and/or suppliers at the Trade’s expense.
21.2. Funds may be used to repair deficiencies, pay Sub-subcontractors or suppliers, or to replace the Trade as necessary to complete the project if FCMI deems necessary. If the retained funds from the Trade are inadequate to cover the expenses of completing this or other projects the Trade will pay FCMI back from funds previously received.
22. Partial Occupancy
22.1. Should the Owner require partial occupancy of the Project, the Trade will make all reasonable efforts to assist in preparing the area that needs to be partially occupied.
23. Cancellation of Prime Contract
23.1. Should the Prime Contract be cancelled in part or in full by the Owner, FCMI may cancel the Trade’s contract in part or in full up to the work actually completed to date. Additional damages from the Trade will not apply. FCMI will only be responsible to the Trade for direct loss or damage incurred by the Trade, its Sub-subcontractors and suppliers. FCMI will not be responsible for loss of profits, loss of revenue, loss of production, loss of earnings, loss of contract or any other indirect, special or consequential losses or damages.
24. Termination of Sub Contract
24.1. FCMI may at any time, at its sole discretion terminate the Trade’s contract in part or in full by giving three (3) days’ written notice to the Trade specifying the work or portion of work which will be terminated. Upon receiving such notice the Trade will continue to perform all other portions of work not terminated as per the contract documents.
24.2. If the Trade’s contract or portion of contract is terminated, FCMI may pay the trade for all satisfactorily completed work to the date of termination and any reasonable third party cancellation charges incurred from a Sub-subcontractor or supplier. Work completed in an unsatisfactory manner will not be compensated for.
24.3. FCMI will not be responsible for loss of profits, loss of revenue, loss of production, loss of earnings, loss of contract or any other indirect, special or consequential loss or damage.
24.4. Upon termination of the Trades contract it will unless otherwise directed:
24.4.1. Immediately halt the cancelled work or portion of work which is being cancelled.
24.4.2. Take whatever steps are necessary to minimize the costs associated to the termination of work.
24.4.3. Cease placing orders for materials or equipment associated to the cancelled work and take reasonable efforts to cancel existing Sub-subcontracts and material purchases.
24.4.4. Complete only portions of the work necessary in the opinion of FCMI to preserve and protect work performed to date.
25. Resolution of Disputes
25.1. Should a dispute arise through the course of the Project, the Trade and FCMI shall choose a single arbitrator within ten business days or each of the Trade and FCMI shall chose separate arbitrators within fifteen business days. If separate arbitrators are chosen then the two arbitrators shall choose a third arbitrator who shall act as the chairperson of the arbitration panel. The chairperson arbitrator shall always be based in the Edmonton, AB metropolitan area. If the Trade choses an arbitrator from outside of the metropolitan Edmonton area, then the Trade will be responsible for all costs associated to travel and travel time for all groups due to the location of this arbitrator. All other costs of arbitration will be apportioned at the discretion of the chairperson arbitrator.
25.2. No suit of any sort, shall be filed by FCMI or the Trade, to the courts until the arbitration process has been exhausted or both parties agree to cancel this requirement. If a suit is filed prior to the arbitration process completion then the Trade will be responsible for all legal costs incurred by the Trade and FCMI.
25.3. Notwithstanding any dispute, the Trade will continue to fulfil its contract in accordance with the Sub Contract Documents and the Project Documents. Neither parties claim nor rights associated to its claim will be jeopardized by proceeding with work.
26.1. In the event of a discrepancy between the various contract documents, the document imposing the highest or more restrictive standard on the Trade will take precedence. The Trade Sub Contract Requirement document will be applied to all ongoing and future Projects completed between the Trade and FCMI and takes precedence over any previous Trade Sub Contract agreements issued to the Trade.
27. Agreement of Terms
27.1. Any proposed revisions to these terms must be marked in red pen and initialed when returned to FCMI. FCMI will review the proposed revisions, and if in agreement will acknowledge its acceptance of the revision by initialing each change. Any alterations need to be initialed by both parties before the alterations will be considered enforceable. By tendering a Project to FCMI the Trade agrees to all provisions noted in the Trade Sub Contract Agreement. The Trade and FCMI will take all reasonable steps to reach resolution on all proposed revisions to the Trade Sub Contract Agreement.
27.2. By accepting the attached Sub Contract the Trade agrees to all contract requirements pertaining to the general contract and its specific scope of work. The Trade must sign and return the Sub Contract confirming agreement to these Standard Terms and Conditions within five days of receipt. Failure to sign and return this document does not release the Trade from these contract requirements. The act of starting work on site or submitting shop drawings will be considered full acceptance of these terms and conditions even if the signed Sub Contract document is not returned prior to starting work.
27.3. Failure of either party to enforce any part of this agreement will not be construed as a waiver or limitation to enforce strict compliance with every provision in this agreement.
27.4. If any part of this agreement is found to be unenforceable, only the part in question will be deemed unenforceable, with no impact on the remainder of the document.
28. Consent of Communication
28.1. The Trade agrees to receive all future communications by email, fax, phone or other methods. If the Trade or individual no longer wishes to receive tender invitations or other communications from FCMI then the Trade agrees to email firstname.lastname@example.org to unsubscribe to the specific tender invitation or to all current and future tender invitations as indicated in the Trades email.
28.2. Before or at the time of collecting personal information FCMI will identify the purposes for which the information is being collected.
28.3. FCMI will collect and use personal information solely with the objective of fulfilling those purposes specified by FCMI and for other similar purposes. Any additional uses of personal information will require the consent of the individual concerned or as required by law. We will collect personal information by lawful and fair means and, where appropriate, with the knowledge or consent of the individual concerned.
28.4. FCMI will only retain personal information as long as necessary for the fulfillment of the specific purpose.
28.5. FCMI will protect personal information by reasonable security safeguards against loss or theft, as well as unauthorized access, disclosure, copying, use or modification.
28.6. FCMI will make readily available to individuals information about our policies and practices relating to the management of personal information.
29. Appendix Information Attached
Invoice Backup Template
Sub-trade Submittal and Mock-Up Log
30. Appendix Information Available upon Request
Alberta Construction Trade Definitions (2017)
Pressure Test and Camera Survey Quality Control Document
FCMI Health and Safety policy
31. Acceptance of Fillmore Construction – Standard Terms and Conditions
31.1. The Trade accepts all conditions set forth in the Fillmore Construction – Standard Terms and Conditions Document.
END OF DOCUMENT