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: VID00015
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:
, lntCrt (a Crt/. i desu riltrot oi f lthe Wo'rk o] tbis tihubcontralt. ref'rrtig t1,r' rirl' Cq prirat to n numbers 11/ )ratdrings. s'vcions of Specifitcaions tandpages nf Adhntula.
\'d/t a tllpt is ant d tt 't'pti'ld Alterntaties )

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9.1 he Subconitriictor", datel. of ComlIenceK'mtentt i. Ith date l:titl from \ hiich ithe (ntract Tinie ofi Paragraph 9.3 is measured; it shall
hi thi di.ite ot' thi, Agreementc. ans lirst I ritten abi)ov e. unless a dicllerent datoer is sit.ld hblo-w or pirovl vision is madc for the (late to be fixed
i a i itkc i to procetd i. ssuetd by the C ontracto r.

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9.2 1 nless tllh diate t i ll l lcoinllclient is establliShld Iy a notice to proceed i.stsued by the C(ontract or, or the Contllractor has coni-
it cil \ id sibi' \\ ork at the lsit under till Prinme (.iontrI l.ra t thle lNbii olinr;ait r shall imnotilfy le (: i)nitract.' r in writing noi l less than five
l.1\ 1~l irct' ilC Slln.'ll. 'il' tillhe su i tl' o r \\ ork tiD pexrim iltll' itll.'ly\ ilinlg ill miii)Irtgages,. Ille hlllin s li'ie s ;an o(Iile' sect iritv'

9.3 'Thle \\ rk tf t lhis ulicobiltrat Il sliill hIe siulstantially 'comnpllceted not l;atelr lla.In
* I : t'i t Cil' lin d/.ut" i "* i/ l nu f C t t itnii, ditii i L I tr tif i i l/ d iiC lltl r / d ti/ iin i f cliiri' C iimi idi nt .\ {l c ml. t 1t; / #-t/ i,.nt ", lith b \ hitl atirt " it
S, i^.\f^

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9.4 i111iCc I. t tlhlr ecIence i llPs h1 S l onIrcnIttl.
9.5 No cxitcnsionl of time will hC valid \\illhoil t Ihe (C inltrat.IL (r rittc en coisiit ;after claim made hy he Sulh i Iontractor in accor-
danct: with Paragraph S.2.

A401-1987 6

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10.1 The Cmrtratef shall pay the Subcontractor in current funds for performance of the Subcontract the Subcontract Sum of
Dollars($ 0, 6 ),
subject to additions and deductions as provided in the Subcontract Documents.
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: .to be- A
(Insertf it numbers or other identification of accepted alternates.) A ( N AT p C P J e p. J

10.3 Init prices, if any, are as follows:


11.1 IHalsed upon applications for payment submitted Io the Contractor b ) tlhe Subcontractor, corresponding to Applications for
P l 'timenti submittcd by the Contractor to the Architect. and I Cirtiicat.Ies for PaIi ment issued by the Architect, tile Contractor shall make
pn gress payments oin account of the Subcontract SIum Ito the Sublcontractior s provided below and elsewhere in the Subcontract
DI) cuments.
11.2 The period cOX cred bv each appl ication lor payment sihaill be one calendar ionth ending on the last day of thile month, or as
tulinh': p Lp-( (L W ^CO"ipT rvlC. % - Si3 Co -;A,- <'I- PSit erJ -o-J C* w

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11.3 Provided an application for payment is received hby the Contractor not later than thle 2 5
d;ai of a month, the Contractor shall include the Subcontractor's Work covered by that application in the next Application for Pay-
mennt ,- iuch the Contractor is entitled to submit to the Architect. The (raTnaNetr shall pay the Subcontractor each progress payment

AIA DOCUMENT A401 < O()NT A(.TO)R sI !l( N ic.\ I ()< i \ m l.I I I \l I I I i'lI I i \1'\" I '
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A401-19R7 7

within three working days,atr th 'O r ;re p:ymnt f,, d,. w.r. 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 the4 Coator 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
(. intractor 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 Documents, 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
cimplettnon of each portion of the Subcontractor's Work by the share of tile 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 tile Work of the Subcontractor. Pending linal determination of cost to the Contractor of changes in the Work which have
been properly authorized by Construction Change l)ircctive, amounts not in dispute may be included to the same extent provided in
the 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,
suitablyy stored off the site at a location agreed upon in writing, less the same percentage retain:ige required by the Prime Contract to
be appliedd 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
w\ ich 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 thercof is substantially complete and in accordance with the require-
me. cnt.s of the Prime Contract, the Contractor shall, upon application by the Subcontractor, make prompt application for payment for
sut h Work. Within 30 days following issuance by the Architect of the Certificate for Payment covering such substantially completed
,\* rk. the (ontra.ctot r shall, to the full extent allowed in the Prime Contract, make payment to the Subcontractor, deducting any por-
I4..O -" titn iof tlhe funds fi r the Subcontractor's Work withheld in accordancee with the (Certificate to cover costs of items to be completed or
L- k 1ir reacted bI the Subtcontractir. Such payment to the Siubconltract or shall b te tie entire unpaid balance of the Subcotntract Sum if a full
S release of retalcfrinaige is allowed under the Prime Contract for the Subcontracto r's Work prior to the completion of the entire Project. If
(,P their Prime Contract does not allow for a full release of retatinage, then ,such paymllenlt shall he an amount which, when added to
previous payments to t ile subcontractor, will r reduce tlhe rctainlage to Slil iubcontlractor's substantially completed Work to the same
prc-cenlltge of as that on the Contractor's W\ ork covered by tile ( Cerit'iclate.

12.1 Final paymcnmt. co Instituting the entire unpaid h.lal.eucc tifthe SubcoilntriCl i ums, shall be mIllde by the o l rjtr to the Subcon-
tr.., tIr when the or' W irk v pr is illy pcrhrmle in accorda.nce with lthl requirements of the (Contract )Documents, the Ar-
til11it l. i.ssicut .I cirt"ifi.le t Ir P'.Il mnI1 t cov'cring itO stll ibco iill.t orl' com ipleted Wo\ irk anld tllie (Contract orh has received Ipayminill
Ini the 11il ( n)\\ n r II. tin .In \. se w:l il I% is t llhthe tti i t lil t SImci t illrt.t lo i1, ;a C ri ilicate loir Pal 11yment is not issuedt or the ConItractor
iti s not receive tiniel\ p.aymelt or does not pay the Stlbcontrtactor within three working days after receipt of payment from lle
I )\\ nit pa.i nitL l t ti ilt' bill nt ilitl'.. lor shall be mall tl upon denlllatd.
',, ,' /* '* t n t /l / i' tili t t" i, tIIht t lrttara It r. II N/f Cliit itl>c )

12.2 BItorc issuance ot the filn.l p.ivaiiten-tthe Sub contii.;cto r. if ricuired,. shall submit evidence satisfactory to thle Contractor that
A.l pia\ rolls, billIs tlr materials antd equilIpent. and all known illndIednes cnnIcted wilt lIlIe Subcontractor's r 'Wo rk have been
s, is f LIed.

A401-1987 8

AIA DOCUMENT A401 ( I ,IRAH ( H K s M ()\I to(.\( I ifli \( .1(i I \11 \1 [\\1 I II I II I III I It),\ -\]A - Il98-
lit \\I Kt \ .\o 1111 'i I- 'I\\ Y( RK \I 1 1 1.\\ \ A IM 20110((


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 be filed with the Contractor prior to commencement of the Sub-
contractor's Work. These certificates and the insurance policies required by this Article 1. shall containn a provision that coverages
altt rdcd under the policies will not be cancelled or allowed to expire until at least 31) days' prior written notice has been given to the
Contr.ictor. If any of the foregoing insurance coverages are required to remain in force after final payment and are reasonably
.av.ilabhle. an additional certificate evidencing continuation of such coverage shall he submitted with the final application for payment
:a. 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 dutv 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 e mae d of any bond
co ring payment of obligations arising under the Subcontract.
13.7 Performance Bond and Payment Bond:
Il li 'i %ihtt to tractor Is lti furnlsh ItNnds. itn l rl itw spet/icil retltirt' enlltt itr I


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

14.2 Specific working conditions:

AIA DOCUMENT A401 < n r. A.I (R-Mt'H;(ON' RA(TOI AtRFI-MeiNT TW Il;Flll II I)I'lI tN MA"l I nr87
III \\'i \\N I' ITl TE O F AR(CITECTS. I 'S, NEW YORK .AWI: I'. N \\ \si IIIN(iN, I1)(. 21i16 A41-1987 91 '-JW
IJ I k.


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
man. 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
loI .ated.
Pllitvtl ratr o> ttel'rvft aiqrttid ufuti. Ij any )

it ,rl a lu. iral ri./trtima'tsll. tud'r tlw I 'ldral Truth in I.ediing Alt. similar smlciltate d Irtm l coInsttm, r nvirll knr's irid otlhtr rteg'l~htioltis ait li t (h Irutt'r's.
( t- (, tifr ail tul ',,tllranitctor s. plrincifil 'l,. 5' h n(W hsinw ,ss. Ilhe al tln If the 1*tsji t I midl s rch'r' ar ) t //'( It I (lthe i lity f thiis in'i.r Ititl l let rt should
he' ,i l ni t/ti r.t' t tt ilh'li, n or nu~lifu tittlt l. ttl( (1t r/ gaitrditn, r'edit itn'tm'lits %lth tds Irrithtn dis, ti ur 't', f's i-aire'l .)


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 ljetween 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
,thcr 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-Contractor
Agreement but prior to the execution of this Agreement:

Modification Date

16.1.4 theirr Documents. if any. forming part of the Sulhcontr;c't I)Documlents are as follows:
I w t I 1i a\ diititfttlt o nd nt t'111 lt ihitf I are u lt, wiA, I f,,/ YP art 11 f i14 ? l'I 5%Inh l I It n unI tItt\ /IIns,.s f-/1 R -su 1tt, 1 the a l, lth- ittr iair. s hid )Ir fnpaf l 4 fiul dI
h t,ht J'rc lt wti I/l int inted'tlc 1tl /la J rt f/ t/,he 5lft'i 'ttt I I. i tum t l

This Agreement entered into as of the day and ;i ear tirst written ahove.




(I'rin'tedl name (riml litlh')

A401-1987 10

ItI \\\1 KRI A\ INS'TIT TE OF AR:CHITE(CT. I-i5 Ni\\ Y( RK AV\INI T. N \\ W\ ASHING(I( ). N)C. .20)113)

(ilrintfd namer WuitlIII()


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