Date Company Address City State Zip ATTN: Contact ... - RR Simmons

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R. R. Simmons Construction Corporation 13112 Telecom Drive Tampa, Florida 33637-0924 SUBCONTRACT AGREEMENT DATE: COMMITMENT NO.: COMMITMENT NUMBER PROJECT NUMBER: 10-903 PROJECT NAME: USF Project Number 579 USF Athletic Facilities PROJECT ADDRESS: 4202 E. Fowler Avenue Tampa, FL 33620 OWNER NAME: USF Financing Corporation PROJECT MANAGER: Ken Boeser EMAIL: kenboeser@rrsimmons.com PHONE: (813) 632-5519 PROJECT ASSISTANT: EMAIL: @rrsimmons.com PHONE: (813) 632- SUPERINTENDENT: EMAIL: @rrsimmons.com PHONE: (813) SUBCONTRACTOR: Company ADDRESS: Address City State Zip CONTACT: Contact Name EMAIL: PHONE: FAX NUMBER: SUBCONTRACT PRICE: $Price (Price in Words Dollars) RETAINAGE: % THIS SUBCONTRACT AGREEMENT (“Agreement”) is made as of this day of , 2010 by and between R. R. Simmons Construction Corporation, 13112 Telecom Drive, Tampa Florida 33637-0924 ("Design/Builder"), a limited liability company duly authorized and licensed under the laws of the State of Florida and Company, Address, City State Zip ("Subcontractor”), a company duly authorized and licensed under the laws of the State of Florida. For the consideration herein, the Subcontractor covenants and agrees with the Design/Builder as follows: 1. DEFINITIONS a. In this Agreement the word "WORK" shall mean the scope of WORK, including labor, services and materials, required to be done and furnished by the Subcontractor under this Agreement and the other Contract Documents. b. The word "Owner" shall mean the legal entity contracting with the Design/Builder under that certain Agreement Between Owner and Design/Construction Services Team, dated December 8, 2009, including all documents referenced within such agreement, supplemental and general conditions, all other related documents, and any amendments or other modifications thereto 2
(“Prime Contract”) for the design and construction of the Project, including the performance of the WORK. Any referenced made in the Prime Contract to “Design/Construction Services Team”, “DCST”, “Team”, “Architect”, “Engineer”, “Architect/Engineer” or “Construction Manager” shall mean “Design/Builder” and all such terms may be used interchangeably. c. The words "Building" or "Structure" or "Project" shall also mean and include all utilities, sidewalks, landscaping, roads, streets, and other subjects and objects of construction provided for in the Prime Contract between the Owner and the Design/Builder. 2. THE WORK a. The Subcontractor agrees to provide and perform all WORK required by this Agreement, and the other Contract Documents, including all items of WORK described in the Scope of WORK attached as Exhibit “B”, and specifically made a part hereof. As part of the WORK, Subcontractor will furnish all labor, materials, equipment, systems, machinery, tools, apparatus, transportation, shop drawings, and samples required to complete the WORK. The WORK also includes the daily clean up of all debris resulting from Subcontractor’s operations. b. If design services are a part of the Scope of WORK, the design obligations are set forth in Exhibit “G” Professional Design Services, attached hereto and specifically made a part of this Agreement. In addition, if design services are included in the Scope of WORK, by signing and executing this Agreement the Subcontractor represents that it has expertise and is properly licensed or will contract with a qualified Subconsultant who has expertise and is properly licensed in the type of professional architectural and/or engineering services that will be required from Subcontractor under this Agreement. When the Subcontractor engages a Subconsultant to perform the Professional Design Services set forth in the Scope of WORK, the Subcontractor agrees to engage only those subconsultants who Design/Builder has pre-approved to perform such services and to bind the Subconsultant to all obligations of this Agreement. The word Consultant as used in Exhibit “G” shall mean the Subcontractor and/or Subcontractor’s Subconsultants who are engaged by the Subcontractor to perform the Professional Design Services required of Subcontractor by this Agreement. c. Subcontractor is bound to Design/Builder by the terms of this Agreement, including those of the Contract Documents, and shall assume towards Design/Builder, with respect to Subcontractor's performance, all of the obligations and responsibilities which Design/Builder assumes towards Owner under the Contract Documents with respect to the Subcontractor’s Work. Subcontractor shall bind its lower tier subcontractors and suppliers to all of the performance obligations and responsibilities which Subcontractor assumes towards Design/Builder hereunder. 3. CONTRACT DOCUMENTS a. Contract Documents consist of this Agreement with all Exhibits referenced in Section 20 below, all modifications to the Agreement hereafter issued pursuant to the terms of this Agreement and the Prime Contract , including, but not limited to the drawings, specifications, general, supplementary and other conditions of the Prime Contract (but specifically excluding the payment provisions between the Owner and the Design/Builder), as well as all addenda to the Prime Contract issued prior to the execution of this Agreement, and subsequent modifications to the Prime Contract. The Prime Contract payment provisions between the Owner and the Design/Builder are specifically not included within the Contract Documents incorporated in this Agreement. In case of conflict between the provisions of the Prime Contract between the Owner and the Design/Builder, and the provisions of this Agreement, the provisions of this Agreement shall prevail in any matter between the Design/Builder and Subcontractor. b. The WORK shall be performed and completed in accordance with all terms of the Contract Documents (excluding the payment terms of the Prime Contract), all of which Subcontractor acknowledges he has read and understands. c. The Contract Documents, shall be kept on file in the main office of the Design/Builder, and are available for inspection by Subcontractor upon reasonable request during normal business hours. WORK shown on the drawings but not specified, or specified but not shown on the drawings, 3
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Page 5 and 6: 5. SUPERINTENDENCE a. The Subcontra
Page 7 and 8: waste. Litter containers shall not
Page 9 and 10: completion of the WORK in accordanc
Page 11 and 12: allowing sufficient time for the De
Page 13 and 14: . Subcontractor may be required to
Page 15 and 16: all charges for materials and servi
Page 17 and 18: e. Subcontractor’s authorized rep
Page 19 and 20: other rights or obligations of inde
Page 21 and 22: The parties have executed this Agre
Page 23 and 24: under no obligation to purchase suc
Page 25 and 26: shall waive its Rights of Subrogati
Page 27 and 28: IMPORTANT If the certificate holder
Page 29 and 30: EXHIBIT C PROJECT SCHEDULE RRSCC Co
Page 31 and 32: EXHIBIT E FORM OF LIEN WAIVERS RRSC
Page 33 and 34: WAIVER AND RELEASE OF LIEN UPON FIN
Page 35 and 36: BOND NO.______________ PERFORMANCE
Page 37 and 38: ATTEST: SURETY Witnesses as to Sure
Page 39 and 40: ATTEST: SURETY Witnesses as to Sure

Date Company Address City State Zip ATTN: Contact ... - RR Simmons

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