Phone 800 555-5555 Fax 999 555-5551 TO: 4320 Eucalyptus Way Santa Rosa CA 95401 SUBCONTRACT PROJECT: 186 Williams Post Office 19420 Williams Rd. Monte Rio CA 95462 This agreement entered into this day January 16, 2016 and SUBCONTRACT #: by and between 764 to perform the Work identified in Article 2 in accordance with the Projects Contract documents. Project: Owner: Contractor: Subcontractor: Williams Post Office Postmaster - Williams ARTICLE 1 CONTRACT PAYMENT. The Contractor agrees to pay Subcontractor for satisfactory performance of Subcontractor's Work the sum of $19,369.00 Progress payments, less retainage of 10.00 % shall be made to Subcontractor for Work satisfactorily performed no later than seven days after receipt by Contractor of payment from Owner or Subcontractor's work. Final Payment of the balance due shall be made to Subcontractor no later than seven 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. 1
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 to complete the: Description of Work Cost Code Description Amount Sheetmetal Subcontractor 15700.000 HVAC 2,482.00 HVAC Subcontract 15700.000 HVAC 9,045.00 HVAC Equipment 15700.000 HVAC 7,842.00 Notes This subcontract can be invoiced all at once or for each separate line item one at a time. If you do invoice by line item, each line item must be 100% complete when you invoice it. 2
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 the 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 price or contract time resulting from such changes shall be set forth in a Subcontract Change Order pursuant to the Contract Documents. ARTICLE 5 FAILURE OF PERFORMANCE. Should Subcontractor fail to satisfy contractual deficiencies within three (3) working days from receipt of Contractor's written notice, the Contractor, without prejudice to any rights or remedies, shall have the right to take whatever steps it deems necessary to correct said deficiencies and charge the cost thereof to Subcontractor, who shall be liable for payment of same, reasonable overhead, profit, and attorney's fees. ARTICLE 6 INSURANCE. Prior to 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 insured 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 attorney's 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. 3
ARTICLE 8 WARRANTY. Subcontractor warrants its work against all defiencies 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. Daily cleanup WILL be required. If not done, will perform this work and backcharge this Subcontractor for all costs incurred. In witness whereof, the parties have executed this Agreement under Seal, the day and year first written above. CONTRACTOR SUBCONTRACTOR SIGNATURE SIGNATURE PRINTED NAME PRINTED NAME TITLE DATE TITLE DATE 4320 Eucalyptus Way Santa Rosa CA 95401 4
ALL SUBCONTRACTORS: Please review your contracts, sign, and return BOTH copies to our office. We will in turn sign and return a fully executed copy to you for your records. Please proceed immediately with any submittals or shop drawings required. It is stipulated in these contracts that the Subcontractor must maintain necessary insurance while working on the project. Please forward a copy of your certificate of insurance along with the signed contracts in order to keep our records up to date and to insure prompt payment. No payments will be made without an updated certificate of insurance on file at Also enclosed is a SUBCONTRACTOR'S APPLICATION FOR PAYMENT. Any and all applications for payment MUST be submitted on this form - NO EXCEPTIONS. This completed form must be in our office no later than the 25th of each month in order to receive prompt payment. Any application not submitted on this form will be rejected. Any application received after the 25th of the month will be processed with the next month's payments. Should you have any questions on the above instructions and policies, please do not hesitate to call the office. Thank you for your cooperation. 800 555-5555
JOB NAME: Williams Post Office 19420 Williams Rd. Monte Rio CA 95462 DESCRIPTION OF WORK: HVAC & Sheetmetal SUBCONTRACTOR'S APPLICATION FOR PAYMENT DATE: PAYMENT REQUEST #: To: From: 4320 Eucalyptus Way Santa Rosa CA 95401 Phone: Fax: 800 555-5555 999 555-5551 STATEMENT OF CONTRACT ACCOUNT: CONTRACT AMOUNT APPROVED CHANGE ORDERS 19,369.00 Phone: Fax: (999) 555-4220 ADJUSTED CONTRACT AMOUNT PREVIOUS DRAWS - total of all previous draws DRAW REQUEST - total request this period LESS RETAINAGE THIS PERIOD - this draw only NET DUE THIS PERIOD - this draw only BALANCE TO FINISH - including retainage CERTIFICATE OF THE SUBCONTRACTOR I hereby certify that the work performed and the materials supplied to date, as shown on the above, represent the actual value of accomplishment under the terms of the Contract (and all authorized changes thereto), between the undersigned and relating to the above referenced Project. I also certify that payments, less applicable retention, have been made through the period covered by previous payments received from the Contractor, to (1) all my subcontractor (sub-subcontractors) and (2) for all materials and labor used in or in connection with the performance of this Contract. I further certify I have complied with Federal, State, and local tax laws, including Social Security, Unemployment, and Workers Compensation laws insofar as applicable to the performance of this contract. By: Authorized Signature Title: Vendor's Invoice # Office Use Only Contract # 764 Vendor # 2 Job # 186 Cost Code # Date: Posted & Verified Approved