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SUBCONTRACT
(SHORT FORM) SUBCONTRACTOR: X X X PHONE PROJECT: X LOCATION: X JOB NO.: X COST CODE: X PRICE: XThis agreement is made X and effective X, by and between SUN CONSTRUCTION & FACILITY SERVICES, INC. (Contractor) and X (Subcontractor) to perform the Work identified in Article 2 in accordance with the Project’s Contract Documents.
Owner: X
Architect: X
Contractor: SUN CONSTRUCTION & FACILITY SERVICES, INC.
ARTICLE 1
CONTRACT PAYMENT. The Contractor agrees to pay Subcontractor for satisfactory performance of Subcontractor's Work for the
sum of X X
Progress payments, less retainage of X%, shall be made to Subcontractor for Work satisfactorily performed no later than seven (7) days after receipt by Contractor of payment from Owner for Subcontractor's Work. Final payment of the balance due shall be made to Subcontractor no later than seven (7) days after receipt by Contractor of final payment from Owner for
Subcontractor's Work. These payments are subject to receipt of such lien waivers, affidavits, warranties, and guarantees required by the Contract Documents or Contractor.
ARTICLE 2
SCOPE OF WORK. Subcontractor agrees to commence Subcontractor's Work herein described upon notification by Contractor,
and to perform and complete such Work in accordance with Contract Documents and under the general direction of Contractor in accord with Contractor's schedule. This shall include all work necessary or incidental to complete the:
Provide all of the necessary labor, materials, and tools to accomplish the scope of work per the project documents.
The Scope of the work includes, but is not necessarily limited to: - All Applicable Taxes
- Compliance with all tax, licensing, permitting and reporting in the appropriate jurisdiction.
- Subcontractor is responsible for all damages to existing and new materials caused by the Subcontractors operations. - X
- The Scope of work Excludes: X
Insofar as liquidated damages applies to Sun Construction & Facility Services, Inc. so does this apply to subcontractor listed on this subcontract and its related work and schedule.
Work for the Project as more particularly, though not exclusively specified in: X
ARTICLE 3
SCHEDULE OF WORK. Time is of the essence. Subcontractor shall provide Contractor with any requested scheduling
information of Subcontractor's Work. The Schedule of Work, including that of this Subcontract shall be prepared by Contractor and may be revised as the Work progresses. Subcontractor recognizes that changes may be made in the Schedule of Work and agrees to comply with such changes without additional compensation. Subcontractor shall coordinate its work with all other contractors, subcontractors, and suppliers on the Project so as not to delay or damage their performance, work, or the Project
ARTICLE 4
CHANGES. Contractor, without nullifying this Agreement, may direct Subcontractor in writing to make changes to
Subcontractor's Work. Adjustment, if any, in the contract price or contract time resulting from such changes shall be set forth in a Subcontract Change Order pursuant to the Contract Documents.
ARTICLE 6
INSURANCE. Prior to the start of Subcontractor's Work, Subcontractor shall procure and maintain in force for the duration of
the Work, Worker's Compensation Insurance, Employer's Liability Insurance, Comprehensive General Liability Insurance and all insurance required of Contractor under the Contract Documents. Contractor, Owner and Architect shall be named as additional insureds on each of these policies, except for Worker's Compensation.
ARTICLE 7
INDEMNIFICATION. To the fullest extent permitted by law, Subcontractor shall indemnify and hold harmless Owner,
Architect, Architect's consultant, and Contractor from, all damages, losses, or expenses, including attorneys fees, from any claims or damages for bodily injury , sickness, disease, or death, or from claims for damage to tangible property, other than the Work itself. This indemnification shall extend to claims resulting from performance of this Subcontract and shall apply only to the extent that the claim or loss is caused in whole or in part by any negligent act or omission of Subcontractor or any of its agents, employees, or subcontractors. This indemnity shall be effective regardless of whether the claim or loss is caused in some part by a party to be indemnified. The obligation of Subcontractor under this Article shall not extend to claims or losses that are
primarily caused by the Architect, or Architect's consultant's performance or failure to perform professional responsibilities.
ARTICLE 8
WARRANTY. Subcontractor warrants its work against all deficiencies and defects in materials and/or workmanship and agrees
to satisfy same without cost to Owner or Contractor for a period of one (1) year from the date of Substantial Completion of the Project or per Contract Documents, whichever is longer.
ARTICLE 9
SPECIAL PROVISIONS. (Insert any special provisions required by this Subcontract).
- Attachment “A” dated September 14, 2011 fully executed and on file? X. If “No”, Attachment “A” has been attached for signature.
- Scope of Work to be complete per attached Construction Schedule.
In witness whereof, the parties have executed this Agreement the day and year first written above.
X SUN CONSTRUCTION & FACILITY SERVICES, INC.
SUBCONTRACTOR CONTRACTOR
X, PROJECT MANAGER BY (Type or print signer’s name and title) BY
AUTHORIZED SIGNATURE AUTHORIZED SIGNATURE
X
DATE DATE
Subcontractor’s Federal Tax ID Number:
Please return one signed copy to:
Sun Construction & Facility Services, Inc. - 1232 Boston Avenue, Longmont, CO 80501
303-444-4780 Phone - 303-444-6774 Fax -
[email protected]
or
[email protected]
Sun Construction & Facility Services, Inc.
Attachment “A”
Revised September 14, 2011
In consideration for Sun Construction & Facility Services, Inc.’s agreement to do business with the Subcontractor and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, or if Subcontractor is identified as a subcontractor on a building permit issued to Sun Construction & Facility Services, Inc., Subcontractor acknowledges and agrees that the requirements set forth herein shall apply to all work performed by Subcontractor for Sun Construction & Facility Services, Inc. regardless of when or where the work is performed and regardless of the specific project on which the work is performed.
This Agreement and all Contracts hereunder shall be governed and interpreted under the laws of the State of Colorado, and venue shall be maintainable in Boulder County, Colorado.
Subcontractor hereby agrees that the terms of any other agreement between the parties will not extinguish or supersede the requirements set forth herein.
CONTRACT PAYMENT
Subcontractor monthly progress billings projected through the end of the month must be received in our office no later than the 25th of each month unless another date is specified in the contract. Failure to do so will result in your request for payment to be delayed 30 days, or until date of next draw, whichever comes first. Your first Payment Application must include a copy of your Schedule of Values for this Project. We will be withholding 10% retainage from each billing until the final punch list is complete and retainage is released to us. Payments will be made within seven days after we receive payment from the owner. All invoices must have a Sun Job number included to be accepted for payment.
Your invoice may be submitted to Sun Construction & Facility Services, Inc. in person, or one of the following manners; faxed invoices will not be accepted and will not be processed.
Hard Copy Mail: Sun Construction & Facility Services, Inc. Attn: Accounts Payable
1232 Boston Ave. Longmont, CO 80501
E-Mail: [email protected]
PROJECT CLOSEOUT PROCEDURES
Upon receiving the Sun Construction & Facility Services, Inc. Closeout Request Form, Subcontractors and Material Suppliers will be required to submit the information, warranties and as-built drawings within 10 working days of stated date contained in the form.
SUBMITTALS
Please begin the SUBMITTALS/ SHOP DRAWINGS process upon receipt of this contract, as directed by the
specifications of this Project.
Jobs with Permits
IF THE PROJECT IS A PERMIT JOB IN WHICH CITY AND COUNTY TAX HAS BEEN COLLECTED AT THE TIME THE PERMIT WAS
PURCHASED. SUBCONTRACTOR IS RESPONSIBLE FOR PAYING ALL OTHER APPLICABLE SALES TAXES.
Sun Construction & Facility Services, Inc. Attachment “A”
Revised September 14, 2011 Page -2-
SAFETY, HEALTH AND ENVIROMENT
Subcontractor agrees to use Sun Construction & Facility Services, Inc.’s Safety Health & Environment Manual as the minimum standard for all work performed. The Subcontractor agrees that this will be a critical contractual obligation for all work performed. In the event that Subcontractor’s Health, Safety and Environmental standards exceed or equal Sun Construction’s, then those standards will be acceptable.
INSURANCE AND INDEMNIFICATION
Subcontractor shall maintain worker’s compensation, general liability, automobile, and umbrella insurance for the minimum amount required by the general contract that this subcontract applies to or as outlined below, whichever limits and coverages are higher. Insurance certificates shall be provided. Attached to each certificate of insurance shall be a copy of the Additional Insured Endorsement that is part of the Subcontractor’s Commercial General Liability Policy. These certificates and the insurance policies shall contain a provision that coverage afforded under the policies will not be cancelled or allowed to expire until 30 days prior written notice has been given to Sun Construction & Facility Services, Inc. The Owner, Architect, Engineer and Sun Construction & Facility Services, Inc. shall be named as an additional insured on a primary and non-contributory basis on all liability and excess policies. Coverage for Sun Construction & Facility Services, Inc. shall include completed operations coverage.
Minimum Required Insurance Limits (coverage on an occurrence basis):
1) Commercial General Liability (CGL) with limits of Insurance of not less than $1,000,000 each occurrence and $2,000,000 Annual Aggregate.
a) If the CGL coverage contains a General Aggregate Limit, such General Aggregate shall apply separately to each project. a) CGL coverage shall be written on ISO Occurrence form CG 00 01 1093 or a substitute form providing equivalent coverage
and shall cover liability arising from premises, operations, independent contractors, products-completed operations, and personal and advertising injury.
b) General Contractor, Owner and all other parties required of the General Contractor, shall be included as insureds on the CGL, using ISO Additional Insured Endorsement CG 2010 (11/85) or an endorsement providing equivalent coverage to the additional insureds. This insurance for the additional insureds shall be as broad as the coverage provided for the named insured subcontractor. It shall apply as Primary and non-contributing Insurance before any other insurance or self-insurance, including any deductible, maintained by, or provided to, the additional insured.
c) Subcontractor shall maintain CGL coverage for itself and all additional insureds for the duration of the project and maintain Completed Operations coverage for itself and each additional insured for at least 3 years after completion of the Work. 2) Automobile Liability
a) Business Auto Liability with limits of at least $1,000,000 each accident.
b) Business Auto coverage must include coverage for liability arising out of all owned, leased, hired and non-owned automobiles.
c) General Contractor, Owner and all other parties required of the General Contractor, shall be included as insureds on the auto policy.
3) Commercial Umbrella
a) Umbrella limits must be at least $1,000,000.
b) Umbrella coverage must include as insureds all entities that are additional insureds on the CGL.
c) Umbrella coverage for such additional insureds shall apply as primary before any other insurance or self-insurance, including any deductible, maintained by, or provided to, the additional insured other than the CGL, Auto Liability and Employers Liability coverages maintained by the Subcontractor.
4) Workers Compensation and Employers Liability
Sun Construction & Facility Services, Inc. Attachment “A”
Revised September 14, 2011 Page -3-
Waiver of Subrogation
Subcontractor waives all rights against Contractor, Owner and Architect and their agents, officers, directors and employees for recovery of damages to the extent these damages are covered by commercial general liability, commercial umbrella liability, business auto liability or workers compensation and employers liability insurance maintained per requirements stated above. Indemnification: To the fullest extent permitted by law, the Subcontractor hereby acknowledges and agrees that it shall
indemnify, hold harmless, and defend Sun Construction & Facility Services, Inc. against all claims, damages, losses and expenses, including but not limited to attorney’s fees, arising out of or resulting from the performance of the Subcontractor’s work for Sun Construction & Facility Services, Inc., provided that any such claim, damage, loss or expense (1) is attributable to bodily injury, sickness, disease or death, or to injury to or destruction of tangible property (other than to the Work itself) including loss of use resulting there from, and (2) is brought about in whole or in part by any act or omission of the Subcontractor, its employees, agents or sub-subcontractors or anyone directly or indirectly employed by any of them, or anyone for whose acts any of them may be liable.
The subcontractor hereby agrees that upon demand, it will defend Sun Construction & Facility Services, Inc., from any claim arising out of the Subcontractor’s work for Sun Construction & Facility Services, Inc. with counsel acceptable to Sun Construction & Facility Services, Inc. The Subcontractor agrees that it will undertake the defense of Sun Construction & Facility Services, Inc. regardless of whether the Subcontractor is obligated to indemnify Sun Construction & Facility Services, Inc. under the preceding paragraph.
SUB’S SUB-CONTRACTORS & MAJOR SUPPLIERS
At the request of Sun Construction and Facility Services, Inc. subcontractor shall provide a list of sub-subcontractors and major suppliers being used to provide services, equipment or materials on a specific project. This list must include contact information, and must be provided prior to the release of the first payment for that project to the subcontractor.
We automatically request 3rd tier subs and supplier information for subcontracts that are awarded for more than $100,000.
Accounting Procedures, Lien Waivers, AIA G702 & G703, Project Cost Reconciliation, and other referenced documents can be viewed and downloaded on Sun Construction’s FTP site.
ftp://docs.sunconstruction.com
user name: subcontractordocs
case sensitive password: Subs2010
Subcontractor Company: X Signed:
Printed:
