Emergency Response

General conditions

1. Subcontractor agrees to complete all items of work specified and listed in this Agreement at the prices set forth for such items of work, all in strict accordance with the plans and specifications for such items of work which are part of the contract between the Contractor and Owner, which plans and specifications are made a part of this Agreement. Subcontractor agrees to assume toward Contractor all of the obligations and responsibilities which the Contractor has assumed toward Owner under the contract between Contractor and Owner.

2. Subcontractor is an independent subcontractor, and all persons employed by Subcontractor in connection herewith shall be Subcontracted employees and not employees of Contractor in any respect.

3. Subcontractor shall indemnify and defend Contractor against all suits, actions, loss, damages, expenses, attorney fees and liability for injury (up to and including death) or harm to persons or property, resulting from, arising out of, or in any way connected with the performance of this Agreement by Subcontractor, except only such injury or harm as may be caused by the sole gross negligence of Contractor.

4. Subcontractor shall, during performance hereof, maintain that amount of insurance as is required of Contractor in the Prime contract, but at a minimum maintain the following insurance, in types and dollar amounts shown below and with insurers satisfactory to Contractor.

Coverage Minimum Amount and Limits

a) Workers' Compensation - Statutory Requirements at Location of Work

b) Employer's Liability - To Extent Included in Workers' Compensation Policy

c) Comprehensive General Liability Insurance - $1,000,000 Combined Single Limit BI/PD

d) Automobile Liability - $1,000,000 Combined Single Limit BI/PD

e) Umbrella Liability - $2,000,000 Each Occurrence

f) All Risk - Builder's Risk Value Project Dependent

General liability coverage shall be written so as to include products and completed operations coverage, XCU coverage, independent contractors, blanket contractual liability, and broad form property damage. All insurance shall include a Cross Liability Endorsement. Automobile liability coverage shall include all owned, non-owned, and hired automobiles or vehicles. Minimum coverage (c) and (e) shall apply to the indemnity agreement in paragraph 2 above. Prior to performance of any work, Subcontractor shall furnish Contractor with Certificate of Insurance as evidence of the above required insurance, and such Certificates shall provide for thirty (30) days' written notice to Contractor prior to cancellation. On all such certificates of insurance, Contractor shall be named as additional insured.

5. All workmanship and materials shall be first class in every respect and shall be subject to inspection and approval by Contractor. Subcontractor guarantees Subcontractor's work hereunder for a period of one (1) year after acceptance. Neither acceptance of the work by Contractor nor payment shall relieve Subcontractor from liability under the indemnity clause or any of the guarantees or warranties contained or implied herein. Upon breach of this warranty, Contractor shall be entitled to all applicable remedies at law or in equity, including but not limited to any remedies under the Uniform Commercial Code.

6. Subcontractor shall comply with Owner and Contractor's jobsite procedures and regulations and with all applicable local, state and Federal laws, rules and regulations and shall obtain all permits required for any of the work to be performed hereunder and shall furnish any bonds, security or deposits required to permit performance of the work. Where applicable, Subcontractor shall comply with Executive Order 11246, Non-Discrimination under Federal Contracts, the provisions of which are by this reference incorporated and made a part to be performed hereunder. Subcontractor shall, at Contractor's request, discharge any incompetent, dishonest, or uncooperative employees.

7. Subcontractor shall promptly pay all claims of persons or firms furnishing labor, equipment or material used in performing the work hereunder. Subcontractor shall file no liens nor allow any liens to be filed in connection with the work hereunder. Contractor may, as a condition precedent to any payment hereunder, require Subcontractor to submit satisfactory evidence of payment and release of all such claims. If there is evidence of any such unpaid claim, Contractor may withhold any payment until Subcontractor shall furnish such proof of payment and release of claim and shall indemnify and defend Contractor against any liability or loss arising from any such claim.

8. Any subletting or assignment of this Contract, by operation of law or otherwise, without the prior written consent of Contractor shall be void.

9. Neither party, including Contractor, shall be liable to the other for delays from causes beyond his reasonable control caused by fire, flood, accident, strikes, civil commotion, governmental or military authority, insurrection, riots, embargoes, unavoidable delays in transportation, or acts of God or the public enemy.

10. Contractor may, at its option, terminate this agreement or any part thereof upon three (3) days' written notice to Subcontractor. Upon such termination, Subcontractor agrees to waive all claims for damages, including for loss of anticipated profits and claims for costs and expenses associated with unused or idle facilities and the associated overhead thereon, and to accept as its sole remedy for termination the cost of all work performed prior to the date of termination, including reasonable overhead and profit thereon, and reasonable costs incurred by Subcontractor in terminating the work. No such termination shall relieve the Subcontractor of any of its obligations for work performed hereunder.

11. Subcontractor shall be solely responsible for its employees and shall perform all work in accordance with the Occupational Safety and Health Act (OSHA) , the Michigan Occupational Safety and Health Act (MIOSHA) as amended, and any Owner and/or Contractor health and safety policies or requirements.

12. Contractor shall have the right within the general scope of the work and without notice to any surety or sureties of Subcontractor, to make changes in the work, either by altering the nature of the same or by adding to or deducting from it as more specifically set forth in the contract documents. In the case of such a change, an equitable adjustment shall be made in the contract price.

13. Payments shall be made to Subcontractor contingent upon, and approximately five (5) days after Contractor receives payment from Owner for Subcontractor's work paid for by Owner, subject to retention on monies earned by Subcontractor and as retained by Owner. Before issuance of the final payment, Subcontractor shall submit an affidavit to Contractor that all payrolls, bills for materials and equipment, taxes, and all known indebtedness connected with Subcontractor's work have been satisfied. Acceptance of final payment shall constitute a full and unconditional waiver and release of all claims and/or liens Subcontractor may have had at the time of application or request for final payment. Subcontractor shall promptly pay all claims of persons or firms furnishing labor, equipment, or materials used in performing Subcontractor's work hereunder. Contractor may, as a condition precedent to any payment hereunder, require Subcontractor to submit satisfactory evidence of payment and release of all such claims.

14. The laws of the State of Michigan shall govern the rights and duties of the parties.

15. All invoices submitted to MPS Group, Inc. must include the Purchase Order number issued. The Purchase Order document does not create either a contract for a specific term or a contract for a definite amount of services. The relationship between you and MPS Group, Inc. shall be governed by those terms and conditions set forth in the section entitled "Contact" under Vendor information on the MPS Group, Inc. website, www.mpsgrp.com (the "General Conditions"). The Commencement of performance by you under this Purchase Order shall conclusively establish that you have read the Terms and Conditions, understand them and agree to be bound by the Terms and Conditions as set forth on the MPS website.

01/01/2015
 

 

insurance

Any company and/or subcontractor working for or providing services to MPS Group, Inc. is required to submit a current Certificate of Insurance to MPS Group, Inc. Purchasing Department prior to commencement of service. Certificates of Insurance can be mailed or faxed to the address below:

MPS Group, Inc.
Attn: Purchasing Department
38755 Hills Tech Drive
Farmington Hills, MI 48331

E-mail: info@mpsgrp.com

T: (313) 841-7588
F:  (313) 843-1471

INSURANCE REQUIREMENTS

Evidence of required insurance shall be submitted prior to the time of the contract execution or the rendering of services. Such evidence shall include the MPS Group, Inc. project name. The coverage and amounts below are minimum requirements and do not establish limits to the user's liability. Other coverage and higher limits may be provided at the user's option and expense. All of the following coverage (if applicable) is required from all Subcontractors of any tier and material suppliers. It is the user's responsibility to monitor compliance.

1. WORKER'S COMPENSATION, EMPLOYERS LIABILITY: (Not less than)
Each Accident - $1,000,000
Disease (Policy Limit) - $1,000,000
Disease (Each employee) - $1,000,000

2. COMMERCIAL GENERAL LIABILITY: Policy on an "OCCURRENCE" basis with coverage to include explosion, collapse, and underground hazards, non hazards and hazards, Blanket, Contractual, Products, Independent Contractors, Completed Operations, Personal Injury, and Employees as Additional Insured.

The requirements include:

• $1,000,000 General Aggregate Premises-Operations
• Product/ Completed
• Operation (One year after completion)
• Blanket Contractual Liability
• Broad Form Property Damage
• Personal Injury
• Independent Subcontractors
• Include Waiver of Subrogation
• Policy must contain cross-liability endorsement

3. AUTOMOBILE LIABILITY: Including owned, non-owned, and hired vehicles.

$1,000,000 Combined Single Limit (Non-Hazardous Material)
$5,000,000 Combined Single Limit (Hazardous Material)
+ Commercial Truck must have MCS-90 Endorsement
+ CA 9948 Endorsement Required for Hazardous & Non-Hazardous Transporters
+ Policy must contain cross-liability endorsement

4. EXCESS UMBRELLA LIABILITY COVERAGE: To provide insurance in excess of Employers' Commercial General Liability, and Automobile Liability policies required hereunder.

$5,000,000 Each Occurrence (Transporting off-site)
$2,000,000 Each Occurrence (Not transporting off-site)

Required Endorsements:
+Additional Insured in favor of MPS Group, Inc.
+Waiver of subrogation in favor of MPS Group, Inc.

5. MPS Group, Inc must be listed as Certificate Holder

MPS Group, Inc
38755 Hills Tech Drive
Farmington Hills, MI 48331

6. Additionally Insured:

+ MPS Group, Inc. MPS Group Client(s): Example: XYZ Motor Company

7. Contractor's Pollution Liability: $5,000,000 where applicable

8. Pollution Legal Liability: $5,000,000 (each) / $10,000,000 (Aggregate) where applicable

9. Professional Liability (Error & Omissions): $5,000,000 (Aggregate) where applicable

10. Commercial Crime Insurance: $5,000,000 (Aggregate) where applicable

11. All policies shall be written by insurance companies with an A.M. Best rating of A or better and licensed to do business in the state of which the work is being perform.

12. ALL Certificates of Insurance shall contain substantially the following statement: "Should any of the above describe policies be canceled before the expiration date thereof the issuing company will mail within THIRTY (30) days written notice to MPS Group, Inc.

13. Each insurance certificate must contain the following statements as evidence of the required endorsements.

A. MPS Group, Inc. is to be named as an "Additional Insured" on a primary, non-contributing basis on the General Liability, Automobile and Umbrella Policies.
B. Waiver of Subrogation in favor of MPS Group, Inc. applies on all policies.
C. General Liability General Aggregate is per project.

Insurance Requirements for Construction Contracts

The Contractor shall purchase and maintain and will cause its Subcontractors to purchase and maintain such insurance as will protect it and MPS Group, Inc. and MPS Group, Inc.'s clients, from the claims set forth below which may arise out of or result from the contractor's operations under the agreement whether such operation be by itself or by any subcontractor or by anyone directly or indirectly employed by any of them, or by anyone for whose action may cause them to be liable. MPS Group, Inc. may request proof of the above coverage.

This requirements includes:

•Claims under workers' compensation, disability benefits and other similar employee benefit acts which are
  applicable to the worker.
•Claims for damages because of bodily injury, occupational sickness or disease, or death of its employees under
  any applicable employer's liability law.
•Claims for damages because of bodily injury, sickness or disease, or death of any person other than its
  employees.
•Claims for damage insured by the usual personal injury liability coverage.
•Claims for damages because of injury to or destruction of tangible property, including loss of use there from.
•Claims for damages because of bodily injury or death of any person or property damage arising out of the
  ownership, maintenance or use of any motor vehicle.
•Claims for bodily injury or property damage arising out of completed operations.
•Claims involving contractual liability insurance applicable to the Contractor's obligations under this contract.

The coverage and amounts are minimum requirements and do not establish limits to the contractor's liability. Other coverage and higher limits may be provided at the contractor's option and expense.

1. STATUTORY WORKERS' COMPENSATION, EMPLOYERS' LIABILITY: Employer's Liability limits not less than $1,000,000 each accident for bodily accidents, $1,000,000 Bodily Injury by disease, each employee and $1,000,000 bodily injury by disease, policy limits. Coverage to include United States, Canada, all territories and other States Coverage (if applicable). The Workers compensation coverage must cover the laws of the state where work is being performed. The policy must have an endorsement that states, the insurance company has waived their rights of recovery against MPS Group, Inc.

2. COMMERCIAL GENERAL LIABILITY: The policy must be on an occurrence basis, with coverage to include explosion, collapse and underground hazards, non Hazardous, Hazardous, Blank Contractual Products, Independent Contractors, Completed Operations, Personal Injury, and Employees as Additional Insured where applicable.

Minimum:
$1,000,000 General Aggregate Waiver of subrogation or its exact equivalent must be included to MPS Group, Inc. and their Buyer.

INDEMNITIES

1. BUYER: Supplier and subcontractors agree to indemnify and save harmless Buyer, its present and future officers or directors, employees and agents from and against any and all liabilities, penalties, fines, forfeitures, demands, claims, causes, causes of actions, suits and costs and expenses incidental thereto (including cost of defense, settlement and reasonable attorney fees), which any or all of them may hereafter be responsible for, or pay out as a result of bodily injuries (including death) to any person, damage (including loss of use) to any property (public or private) contamination of or adverse effects on the environment, or any violation or alleged violation of statutes, ordinances, rules or regulations of any governmental entity or agency to the extent directly or indirectly caused by or rising out of the performance of the Agreement / contract (including the breach of any warranties) and work required by related purchase order, by supplier its employees or subcontractors.

The section above shall survive the termination or expiration of the agreement / contract.

2. COMPLETED OPERATIONS NOTE: Contractor shall maintain coverage for a period of 1 year beyond substantial completion of the project through renewals of occurrence based on Commercial General Liability coverage. MPS Group, Inc. may request continued evidence of this insurance after project completion; however, any failure to request such evidence does not relieve the Contractor of this obligation.

3. AUTOMOBILE LIABILITY: Including owned, non-owned, and hired vehicles.

$1,000,000 Combined Single Limit

Required Endorsements:
+ Additional Insured – MPS Group, Inc.
+ Waiver of Transfer of Rights and Recovery, schedule to read MPS Group, Inc.
+ Motor Carrier Safety Act (MCS 90) where applicable
+ CA 9948, Pollution Broadened Coverage for Autos, where applicable

4. EXCESS UMBRELLA LIABILITY: To provide insurance in excess of Employers' Liability, Commercial General Liability, and Automobile Liability policies required hereunder. The terms of the umbrella policy or policies must be at least as broad as the terms of the Employer's Liability, Commercial General Liability, and Automobile Liability policies required hereunder.

Minimum:
$5,000,000 Transportation off-site
$2,000,000 Not Transportation off-site

Required Endorsements:
*Additional Insured – MPS Group, Inc.
*Waiver of Transfer of Rights of Recovery, schedule to read MPS Group, Inc.