Group Title: Historic St. Augustine: Subcontracts
Title: [Contractor-Sub-contractor agreement (partial with notations)]
Full Citation
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 Material Information
Title: Contractor-Sub-contractor agreement (partial with notations)
Series Title: Historic St. Augustine: Subcontracts
Physical Description: Application/form
Language: English
Physical Location:
Box: 8
Divider: DOS 8449-A, Govt. House 87-88
Folder: Subcontracts
Subject: Saint Augustine (Fla.)
48 King Street (Saint Augustine, Fla.)
Government House (Saint Augustine, Fla.)
Spatial Coverage: North America -- United States of America -- Florida -- Saint Johns -- Saint Augustine -- 48 King Street
Coordinates: 29.892465 x -81.313142
 Record Information
Bibliographic ID: UF00095506
Volume ID: VID00014
Source Institution: University of Florida
Holding Location: University of Florida
Rights Management: All rights reserved by the source institution and holding location.

Full Text


8.1 The Subcontractor shall execute the following portion of the Work described in the Subcontract Documents, including all
labor, materials, equipment, services and other items required to complete such portion of the Work, except to the extent specifically
indicated in the Subcontract Documents to be the responsibility of others:
fInstrt a lre' ise descriptions ofn thre Work oj this Sub'onltract, rejerrit ting hiier alyni/riatti to number.'r h Draturiis, sections iof SIpefications ancd ages of Addendla,
Ilidti/atilins tantd tacceptit Altlrnacls.) A-i -A,

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9.1 1I he Subcontriactor's date of commencement is the date from \\ which the Contract Tlime (of Paragraph 9.3 is measured; it shall
he the lda.te otf this Agreement, as first written above, unless al different date is slated below or pro vision is made for the date to be fixed
i 1 ia ,note to) proceed issued hv the (Contractor.
;, : II, ,i(' ./ tn n n if nt i itf / If /i fl r t l till' 1 [fth .f 1L.ri('(,(,t// 'i l/ if /lu i tl / it/ i that Iiih tilr t i lt hu I .'ed ina t Hno t'e ti firo ((d

9.2 1 nllss the date (of c(mninctlemnt is established hb a noItice to proceed issued by the Contractor, or the Contractor has co(m-
ncencled \isible \W\ rk at the site Lundertr the Prime Contract. the Subcontractor shall notify the Contractor in writing not less than live
dil e I hefre ic (ommeln'ing the Su ibcontr.ctor's \\(Work It) permit ithe timely filing of mortgages, mechanic's liens and other security

9.3 T he \\o rk oft this Subl)contract shall be substantially ctomnplleted no t later than v1 I I t
11, so ht I lh'-
I ii i r t fit- a /u lfi f t /i' 1itht iutrit( ii r i i U"i( f if i sfal l /tl'td t /' 'r ie' i in i" 'lulntii f c't t I /l) t( in 'iintl )

" uhjie't i1 .tldju1itmCents of this Suhcntraci Ti ie as 1 provided ill the St ubcontrarct DOl)icuments.
I /I *It I u1 / i ltull at f ll(/( l' tll l I' lli t /i i'/ t 1 o (iii n lhif/ t'fi'

9.4 'I'lilne Is f the Lessencl o this Subcollntract.
9.5 No extension of time will he valid without the Co(ntracto(r's \written consent after claim made by the Subcontractor in accor-
dance with Paragraph 5.2.

A401-1987 6

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10.1 The Contractor shall pay the Subcontractor in current funds for performance of the Subcontract the Subcontract Sum of

subject to additions and deductions as provided in the Subcontract Documents.Dollars (S /
10.2 The Subcontract Sum is based upon the following alternates, if any, which are described in the Subcontract Documents and
have been accepted by the Owner and the Contractor:
(Insert the numrbrs or other identification of accepted alternates.) L s J A

10.3 Unit prices, if any, are as follows:


11.1 Based upon applications for payment submittedd to the (Cotra.ctc r Ib the Subcontractor, corresponding to Applications for
'Pai menrt sulbmittcd IW the Contractor to the Architect, and c tlcrtificates t lr I'P;yIniti issu-cd Ib the Architect, the Contractor shall make
prI grc 'ss payments oin account tof the Subcontract Suml to the .Sul.bcntrlactor ;1ia provided cbchlo and elsewhere in the Subcontract
D ) Ic.'l cents.
11.2 The period covc red hb each application for payment shall b e one calendar Imonth ending on the last day of the month, or as

11.3 Provided an application for payment is received by the Contractor not later than the
da,\ of a month, the Contractor shall include the Suhcontractor's Work covered by that application in the next Application for Pay-
ment which the Contractor is entitled to submit to the Architect. The Contractor shall pay the Subcontractor each progress payment

A401-1zA7 '

AIA DOCUM4ENT A401 1 CONIRATtOR-S ii HitNIRAI iliH lif \AiG I I\\i \\1 I1 iii '11()N *AI.V I11)8

within three working days after the Contractor receives payment from the Owner. If the Architect does not issue a Certificate for Pay-
ment or the Contractor does not receive payment for any cause which is not the fault of the Subcontractor, the Contractor shall pay
the Subcontractor, on demand, a progress payment computed as provided in Paragraphs 11.7 and 11.8.

11.4 If an application for payment is received by the Contractor after the application date fixed above, the Subcontractor's Work
covered by it shall be included by the Contractor in the next Application for Payment submitted to the Architect.

11.5 Each application for payment shall be based upon the most recent schedule of values submitted by the Subcontractor in
accordance with the Subcontract Documents. The schedule of values shall allocate the entire Subcontract Sum among the various
portions of the Subcontractor's Work and be prepared in such form and supported by such data to substantiate its accuracy as the
C(:(ntractor may require. This schedule, unless objected to by the Contractor, shall be used as a basis for reviewing the Subcontractor's
applications for payment.
11.6 Applications for payment submitted by the Subcontractor shall indicate the percentage of completion of each portion of the
Subcontractor's Work as of the end of the period covered by the application for payment.
11.7 Subject to the provisions of the Subcontract DLocuments, the amount of each progress payment shall be computed as follows:

11.7.1 Take that portion of the Subcontract Sum properly allocable to completed Work as determined by multiplying the percentage
comtplction of each portion of the Subcontractor's Work by the share of the total Subcontract Sum allocated to that portion of the
Subcontractor's Work in the schedule of values, less that percentage actually retained, if any, from payments to the Contractor on
account of the Work of the Subcontractor. Pending final determination of cost to the Contractor of changes in the Work which have
been properly authorized by Construction Change Directive, amounts not in dispute may be included to the same extent provided in
tlic Prime Contract, even though the Subcontract Sum has not yet been adjusted;
11.7.2 Add that portion of the Subcontract Sum properly allocable to materials and equipment delivered and suitably stored at the
site by the Subcontractor for subsequent incorporation in the Subcontractor's Work or, if approved in advance by the Owner,
suitably stored off the site at a location agreed upon in writing, less the same percentage retainage required by the Prime Contract to
he applied to such materials and equipment in the Contractor's Application for Payment;

11.7.3 Subtract the aggregate of previous payments made by the Contractor; and
11.7.4 Subtract amounts, if any, calculated under Subparagraph 11.7.1 or 11.7.2 which are related to Work of the Subcontractor for
x\ which the Architect has-withheld or nullified, in whole or in part, a Certificate of Payment for a cause which is the fault of the


11.8.1 When the Subcontractor's Work or a designated portion thereof is substantially complete and in accordance with the require-
ments of the Prime Contract, the Contractor shall, upon application by the Subcontractor, make prompt application for payment for
such Work. Within 30 days following issuance by the Architect of the Certificate for Payment covering such substantially completed
SWork. the Contractor shall, to the full extent allowed in the Prime Contract, make payment to the Subcontractor, deducting any por-
ti In of the funds fo r the Subcontractor's Work withheld in :accordance with the Certificate to cover costs of items to be completed or
c rrected by the Suhbc nItractor Such payment t(o the SubconmtractIor shall he the entire unpaid balance of the Subcontract Sun if a full
release o retainage s allowed under the Prime Contract ifr the Subcontract or's Work prior to the completion of the entire Project. If
the Prime Contract does not allow for a full release of retainage, then .such payment shall be an amount which, when added to
previous paVnyents tp lhe Subcontractor, will reduce lthc retainage on th. Subco llractor's substantially comllpleted Work to the same
percentage of rctain.ige as that on the Contractor's Work co\erd by thlie Certificate.


12.1 Final payment, constituting the entire unp.lid balance of' the' Sulbcont actl Sum. shall bie made by tile Contractor to the Subcon-
tr.a tiwr when the Sulbcntracitor 's W\irk is full\ pcrhirmed in accordance ih with e requirements of the Contract )Documents, the Ar-
c liitnct hli.i isueCld .1( Crilti'IcAt.l' lfr l'.lAI\ Icn co, ring llthe iili.(co ir .lco cm Ipleted Wo(rk and the ( (Contractor has received pa;tymelnt
In n the i Own r It. It :i\ n .J c.ius \\ licli. is inI the l e t I t the S ibco ( to :a ( r Pai e l. nt is not isslCed or the (Contractor
do ts not reccivc timllyi\ pI.ivmeni or ids ) ot paivy thle Su bconI)tracto r \within thrle working days after receipt o) paym. nt from the
t)\\n .T. 1 iniai payment ti)e It. Nlii i i .ctr shall be Imide upon( dlemaimd.
,' '," ,' 1''I 1,1'411 r?' 'ilt- f n /'t1 lt t' ll lth' bc llu llln tI, If It/ ,llt lllii'

12.2 Hctorc issuancc of the final paIyment.the Suhbcontractli. ii required, shall submit evidence satisfactory to the Contractor that
ill payrolls, hills for materials and equipment, aind all known indebtcidncss ctnnected with the Subcontractor's Work have been

A401-1987 8

AIA DOCUMENT A401 ( I i I I MA I iR- II (l)l IN .\I( (ii R \( R I l \l \\i I t 11' il N*1 A lA 198-
HI If \\\11 HI \ s [ S l I I I ()l .AR( II 11 I( 'I -, l\\ Y YOR\k \\ \l I'I. "I\\ \\ \M I ,l\ l )\, ).(. 2 ('1000


13.1 The Subcontractor shall purchase and maintain insurance of the following types of coverage and limits of liability:

13.2 Coverages, whether written on an occurrence or claims-made basis, shall be maintained without interruption from date
of commencement of the Subcontractor's Work until date of final payment and termination of any coverage required to be main-
tained after final payment.
13.3 Certificates of insurance acceptable to the Contractor shall he filed with the Contractor prior to commencement of the Sub-
contractor's Work. These certificates and the insurance policies required by this Article 13 shall contain a provision that coverages
afforded under the policies will not be cancelled or allowed to expire until at least 30 days' prior written notice has been given to the
Contractor. If any of the foregoing insurance coverages are required to remain in force after final payment and are reasonably
iaviilable. an additional certificate evidencing continuation of such coverage shall be submitted with the final application for payment
:Ls required in Article 12. If any information concerning reduction of coverage is not furnished by the insurer, it shall be furnished by
the Subcontractor with reasonable promptness according to the Subcontractor's information and belief.
13.4 The Contractor shall furnish to the Subcontractor satisfactory evidence of insurance required of the Contractor under the
Prime Contract.
13.5 Waivers of Subrogation. The Contractor and Subcontractor waive all rights against (1) each other and any of their Subcontrac-
tors, Sub-subcontractors, agents and employees, each of the other, and (2) the Owner, the Architect, the Architect's consultants,
separate contractors, and any of their subcontractors, sub-subcontractors, agents and employees for damages caused by fire or other
perils to the extent covered by property insurance provided under the Prime Contract or other property insurance applicable to the
Work, except such rights as they may have to proceeds of such insurance held by the Owner as fiduciary. The Subcontractor shall
require of the Subcontractor's Sub-subcontractors, agents and employees, by appropriate agreements, written where legally required
for validity, similar waivers in favor of other parties enumerated herein. The policies shall provide such waivers of subrogation by
endorsement or otherwise. A waiver of subrogation shall be effective as to a person or entity even though that person or entity would
otherwise have a duty of indemnification, contractual or otherwise, did not pay the insurance premium directly or indirectly, and
whether or not the person or entity had an insurable interest in the property damaged.
13.6 The Contractor shall promptly, upon request of the Subcontractor, furnish a copy or permit a copy to be made of any bond
covering payment of obligations arising under the Subcontract.
13.7 Performance Bond and Payment Bond:
(li tlhe' .Std oitr actor is to furnish hands. inl,'erl the sp{ci'i reqtuirnm,'ntls here,


14.1 The Contractor shall furnish and make available to the Subcontractor the following temporary facilities, equipment and ser-
vices: these shall be furnished at no cost to the Subcontractor unless otherwise indicated below:

14.2 Specific working conditions:
(tin, rt r nt a/ppltable arratige'nints concerfling' un rkiiH cncihtln,. and lah'r n itllt'rs IJr /hi' Prfe t i' I /

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A401-1987 9



15.1 Where reference is made in this Agreement to a provision of the General Conditions or another Subcontract Document, the
reference refers to that provision as amended or supplemented by other provisions of the Subcontract Documents.
15.2 Payments due and unpaid under this Subcontract shall bear interest from the date payment is due at such rate as the parties
may agree upon in writing or, in the absence thereof, at the legal rate prevailing from time to time at the place where the Project is
lot ated.
tipiert ratte f interest a oreend iusn, iJ any )

(I surn lai a tnd requirettenits under the Federal Truth in Lendiiog A t, stinilar stitte and lotitl consumer credit laws and other retulalnion(. at the ('ner ',
0 ist tor s ant d tisbcontrattr't tor's p principal places of business, the lpcationi f tt ise P'rett Itnd els u i n'rl' nui'tt ta h t lhe ttdidit of this pro'isiton. leftgal attdi'ie s/ostuld

16.1 The Subcontract Documents, except for Modifications issued after execution of this Agreement, are enumerated as follows:

16.1.1 This executed Standard Form of Agreement Between Contractor and Subcontractor, AIA Document A401, 1987 Edition;
16.1.2 The Prime Contract, consisting of the Agreement between the Owner and Contractor dated as first entered above and the
other Contract Documents enumerated in the Owner-Contractor Agreement; Conditions of the Contract (General, Supplementary
and other Conditions), Drawings, Specifications, Addenda and other documents enumerated therein;
16.1.3 The following Modifications to the Prime Contract, if any, issued subsequent to the execution of the Owner-ContractQr
Agreement but prior to the execution of this Agreement:



16.1.4 Other Documents, if any, forming part of the Sulcontract Doctuments are as follows:
iiI Ir utn Utdditsitiitnal doip m lncints i'ihu/ u inl s'Hte'di Io fir,', p rl If the \uhuut itl t' I I nI i nifir'Pits Risq llstsi. foriP p qiui.isal anl d ti t' i/if nut l rti s ill hid pjiri ptial sh nlih
I it 'Id / i'ere lly i/ t iililtih'dld (I I' part if tI i' llu s)c litr ,(It I>IA l itSt'itslj

Js7 vy

This Agreement entered into as of the day and year first written above.




IS Htlhtlit'I'e)

(fl'rtnli'td iIntme and little)

A401-1987 10


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