GENERAL SCOPE OF WORK AGREEMENT
GENERAL SCOPE OF WORK AGREEMENT (Installation subcontractors)
This Scope of Work (the “SOW”) governs the general terms and conditions to all installation and related services provided by Subcontractors to The Econo-Rack Group (2015) Inc (“Konstant” or “Company”). The specific scope, nature and project specific requirement of work shall be set forth in the applicable Appendix A. This SOW ,together with Konstant’s Supplier Terms and Conditions (collectively, the “Agreement”) constitute the entire agreement between the parties. In the event of any conflict or inconsistency between this Agreement and any other document this Agreement shall govern and take precedence unless expressly stated otherwise in writing by constant
1. Purpose: This Scope of Work (“SOW”) defines the responsibilities of the Subcontractor for the installation of storage equipment supplied by Konstant.
2. Scope of Services: The Subcontractor will perform all labor, supervision, and installation services required for completion of the project in accordance with Company drawings, specifications, and approved plans.
3. Change Orders and Extra Charges:
a. The Subcontractor shall not make any field modification or alteration to the rack system and all its components without written approval from Konstant. Any approved deviation from Konstant drawing must be noted clearly on all drawings.
b. The Subcontractor must not perform any work that would require extra charges without prior written approval from Konstant. Unauthorized extra work will not be paid.
4. Site Preparation & Off-Loading: a. Confirm site is clean, level, and marked for layout before the commencement of the work. b. Offload and inspect materials from trucks for damage. c. Check received materials received against packing slips or bill of materials (BOM). d. A perimeter shall be created around the offloaded materials to safely isolate and highlight them for the project. e. Report any site-related issues before beginning work. f. Subcontractor must complete required orientation and compliance training and abide by the requirements defined in the training. 5. Safety & Compliance: a. Subcontractor must comply with all applicable labour, health, safety, and environmental laws, codes, and regulations. b. Subcontractor must review Konstant’s Contractor HSE Handbook and abide by the requirements as defined in the training. c. All workers must be trained and certified for the tasks and equipment they perform or operate. This includes MHE operator training certification, AW Platform training Certification and Fall Protection training certification. Both Theory and Practical assessments are required. d. All subcontractor personnel must abide by Federal, Provincial, and Municipal legislation as well as all Konstant policies & procedures. e. The following Personal Protective Equipment (PPE) is always mandatory while on site: Hard Hat, High Vis Vest, CSA Approved Safety Footwear (6” Minimum Height). Additional PPE must be worn as required, including but not limited to: Gloves, Respiratory Protection, Fall Protection Harness/Lanyard, Hearing Protection. All PPE must be in good condition. Failure to comply with PPE requirements may result in removal from work site. f. All incidents, near-misses, or injuries must be immediately reported to the Company following the procedure outlined in the Company’s Health & Safety Policy g. Failure to comply may result in removal from site and termination of this SOW. 6. Equipment and Tool Use: a. All tools must be in good condition and inspected prior to use by the Subcontractor b. Subcontractor is responsible for any damage caused to Company, customer or third-party property caused by their equipment or personnel. c. Subcontractors must not use customer’s equipment without written approval from the Company. d. Any lift equipment or similar equipment used on site must meet safety inspection requirements, and operators must be competent, trained and certified. 7. System Installation: a. Install all components strictly as per BOM, quote, drawings, notes, and/or assembly instructions/guidelines provided by the Company. b. Ensure anchoring, proper alignment, plumbness, and spacing meet design/ within tolerance limit. c. Install all racking within the agreed time and budget unless otherwise approved in writing. 8. Installation Quality Assurance: a. Conduct torque checks, flow testing, leveling and alignment verification. b. Ensure all components are undamaged secure, and in conformance with applicable assembly instructions, installations drawings and/or parts lists. c. Correct any deficiencies noted during inspection at no extra cost to Konstant 9. Site Clean-Up & Final Inspection: a. Remove all debris and packaging materials. b. Complete a final walk-through with the Company representative to confirm compliance with scope of work and standards. c. Complete any punch list items or deficiencies promptly. 10. Out-of-Scope Work (Not Permitted) The Subcontractor and its workers WILL NOT: a. Perform any sprinkler or electrical work without authorization. b. Attempt modifications, reconfigurations, or repairs without written consent. c. Weld, grind, torch or hot -work tools any part without certification, active hot work permit and required permits. d. Operate forklifts, scissor lifts, or any powered equipment without valid certification. e. Leave any portion of the system unsecured or improperly anchored. f. Install or uninstall components without required PPE or supervision. 11. Deficiencies and Final Reconciliation Any deficiencies caused by the Subcontractor must be corrected at their expense. All approved additional costs must be documented and included in the final project reconciliation. 12. Insurance Subcontractor shall maintain valid and sufficient insurance coverage, including commercial general liability and workers compensation. Commercial General Liability should include minimum of $2,000,000.00 in coverage per occurrence for bodily injury (including death) and damage to property including loss of use thereof, premises and operations liability, contractor’s contingent liability with respect to operations of subcontractors, completed operations, product liability, contractual liability, cross liability, and non-owned automobile liability. $4,000,000 general aggregate limit. Please include Waiver of Subrogation and 30 days prior notice of cancellation. The subcontractor is also required to name Konstant as a certificate holder on the policy. 13. Subcontracting The Subcontractor may not subcontract or assign any portion of the work without prior written consent from the Company. The erection of the Rack Storage System should be an approved and qualified sub-subcontractor with adequate experience, training, knowledge for the performance of the work. 14. Use of Company’s Equipment by Subcontractor a. Subcontractor acknowledges that permission to use specified equipment (“The Equipment”) owned by the Customer or the Company must receive approval prior to its use. The Equipment includes, but is not limited to, forklifts, cranes, scissor lift, and other similar machinery. b. The Subcontractor acknowledges that the Equipment is provided “as-is”, without any warranties, representations, or guarantees of any kind. The Subcontractor is responsible for inspecting the Equipment prior to use to ensure it is safe and suitable for intended purpose. c. The Subcontractor represents and warrants that all person operating the Equipment: i. Are properly trained, certified (as required), and competent to operate the Equipment in accordance with applicable provincial and federal laws (where required), including occupational health and safety regulations. ii. Will operate the Equipment in a safe, responsible, and lawful manner. d. The Subcontractor assumes all risks associated with the use of the Equipment and agrees that the Owner shall not be liable for any loss, damage, injury, or death arising from or related to the Subcontractor’s use of Equipment. e. The Subcontractor agrees to return the Equipment to the Owner in the same condition as when it was provided, normal wear and tear expected. The subcontractor shall be liable for any damage beyond normal wear and tear. 15. Independent Contractor The Subcontractor is an independent contractor and not an employee or agent of Konstant. 16. Entire Agreement and Amendments This SOW may not be amended or modified, except in writing signed by authorized representatives of both parties