Preview
FILED: ERIE COUNTY CLERK 02/03/2021 12:55 PM INDEX NO. 809591/2020
NYSCEF DOC. NO. 31 RECEIVED NYSCEF: 02/03/2021
CONCEPT ...,.m.,,-
2555 Transit Road Member of ABC
p
Elma, New York 14059 www.conceptconstruction.com
716-675-9171 E-mail: info@conceptconstruction.com
Fax 716 675-6609
___
SUBCONTRACTOR AGREEMENT
TO: ARRIC CORPORATION SUBCONTRACT: 9983
5033 TRANSIT ROAD DATE: 5/6/2019
DEPEW, NY 14043 PRICE: $150,000.00
PHONE NO: (716) 681-3535 TERMS: Payment upon receipt from
PROJECT: Springville P-Tech Academy owner, less 10% retention
LOCATION: 267 Newman Street
Springville, NY 14141
THIS SUBCONTRACT AGREEMENT, made this 6th day of May 2019 by and between CONCEPT
"Contractor"
CONSTRUCTION CORP. of Elma, New York hereinafter called or "Concept", and ARRIC
CORPORATION whose address is hereinafter called "Subcontractor".
OWNER: as used herein and in Concept's General Conditions means Springville-Griffith Institute School
District, 267 Newman Street, Springville, NY 14141.
PROJECT LOCATION:
Springville P-TECH - S.E.D.14-11-01-06-0-006-001
Academy
267 Newman Street
Springville, NY 14141
PRIME CONTRACT: means the entire contract between Owner and Contractor for the Project, including all
plans and specifications (which contract, plans and specifications.have been examined by Subcontractor or have
been made available for examination) and such other documents as may be connected with or atany time made
part of said contract, including all addenda or modification thereof, all of which are EXPRESSLY
INCORPORATED BY REFERENCE and are made a part thereof.
Subcontractor agrees to furnish all labor, materials, tools, equipment, taxes and necessary insurances required to
perform work.
With no exceptions, all work in scope to be performed per complete plan set and specifications.
"Quotation"
To include, but not limited to, scope of work defined in / on dated aOP
Alternates Included: Alternate Alternate Alternate Alternate Alternate 103-
103-01, 103-02, 103-03, 103-04,
05, Alternate 103-06, Alternate 103-07, Alternate 103-08, Alternate 103-10, And Alternate 103-11
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FILED: ERIE COUNTY CLERK 02/03/2021 12:55 PM INDEX NO. 809591/2020
NYSCEF DOC. NO. 31 RECEIVED NYSCEF: 02/03/2021
ASBESTOS PACKAGE:
1. Supply all labor, material, and equipment to supply and install, in its entirety, all asbestos abatement scopes
as required for a complete installation.
2. To include the removal, disposal and protection of all abated systems. Provide all required building posting
10 days prior to the start of any abatement.
3. Provide all necessary temporary lighting, water, and power to perform scope.
4. Provide removal of all non-ACM mastics where flooring system is removed under abatement.
5. Provide all required coordination with the owners monitoring contractor.
6. Provide all require permits and notifications.
7. Scope to be performed in accordance with all local, state, and federal regulations.
8. All work to be performed in strict accordance to OSHA and/or NYSCRR requirements.
9. Provide all required protection, monitoring, clean-up, legal disposal (provide documentation), and
accessories related to scope as indicated on plans and in specifications.
10. Provide all required accessories.
11. At minimum, meet all required phasing and scheduling of the project based off specification scheduling.
12. Provide all dumpsters necessary for hazardous material removals.
13. Provide restoration, patch and paint for any surfaces damaged by the operation of purchase order scopes.
Per summary of work, non-residue tape is to be used for any scope touching existing surfaces.
LEAD PACKAGE:
14. Supply all labor, material, and equipment to supply and install, in its entirety, all lead abaternent scopes as
required for a complete installation. Provide and obtain all require permits associated with scope.
15. To include but not limited to interior and exterior.
16. Provide legal disposal of all lead removals under purchase order scope.
17. Provide multiple mobilizations to perform scope relative to the progress of the project.
18. Supply all labor, material, and equipment to supply and install, in its entirety, all lead removal scopes
related to scope as required.
DEMO PACKAGE:
19. Supply all labor, material, and equipment to supply and install, in its entirety, all demolition scopes as
required for a complete installation.
20. Provide and obtain all require permits associated with scope.
21. To include but not limited to interior and exterior demolition.
22. Provide legal disposal of all items demolished under purchase order scope including all necessary
dumpsters.
23. Provide multiple mobilizations to perform scope relative to the progress of the project.
24. Provide all required demolition indicated on all contract documents.
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FILED: ERIE COUNTY CLERK 02/03/2021 12:55 PM INDEX NO. 809591/2020
NYSCEF DOC. NO. 31 RECEIVED NYSCEF: 02/03/2021
"toothing"
25. Provide masonry to allow for the installation of new masonry work to existing masonry as
necessary.
26. Provide all required concrete slab and/or foundation removal required for new construction; includes saw
cutting as necessary.
27. Provide and maintain all required shoring associated with demolition.
air"
28. Provide all necessary "negative requirements.
29. Provide weather protection for any areas of demolition that exposes the interior space to exterior weather.
30. Provide all required tools, lift, safety, protection, OSHA requirements, etc. as necessary to perform scope.
31. Provide all required protections of adjacent product as to not cause damage. Any damages outside scope
requirement will be repaired at contractor expense.
32. Provide all required temporary protection of exterior features remove during the demolition score that are
not immediately replaced or infilled.
33. Protect any exterior landscaping feature that interacts with scope of work. Correct any damages that do
occur.
GENERAL:
#103"
1. Provide all requirements as spelled out in the General Trades Work "Contract that pertains to
scopes covered under this purchase order. Refer to Specification Section 011000 in its entirety.
2. Maintain the basis of the project schedule as indicated in attachment to this contract.
3. Provide all scope related testing and inspection as necessary.
4. Provide all required labor to perform scope to maintain the progress of the project. This includes all
required overtime and premium times Saturdays and/or Sundays.
5. Incorporate review of geotechnical report findings as it relates to scope of work.
6. Provide all lifting, hoisting and pumping of materials and equipment as required.
7. Supply all field verification and coordination with all other associated trades.
8. Provide all necessary and/or required demolition necessary for the installations that pertains to scopes
covered under this purchase order that are not covered elsewhere in project documents.
9. Provide and install any required block, in-wall or exposed, necessary for scopes covered under this
agreement.
10. All work of purchase order to be in accordance with all state, county, city, town, and/or village
requirements, codes, regulations, and/or statutes. It is the requirement of the contractor, under this
agreement to insure that all requirements of included scope are met whether indicated or not in project
documents.
11. Fully coordinate the scope of work with all other trades & all other prime contractors prior and as the scope
of this contract proceeds.
12. Removal of any debris, on a daily basis, related to scope to dumpster provided by contractor list on this
agreement.
13. Provide all required safety for your work; minimum per OSHA standards.
14. Provide copies of all osha certification prior to start of any onsite work. Send complete list and
certifications to concept as soon as possible.
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FILED: ERIE COUNTY CLERK 02/03/2021 12:55 PM INDEX NO. 809591/2020
NYSCEF DOC. NO. 31 RECEIVED NYSCEF: 02/03/2021
15. Provide and insure that all require dust, sound and safety controls are in place prior to the start of any work.
16. Provide clean-up of any debris generated thru the installation of your scope to a state the area was in prior to
the start of your work.
17. Provide all necessary protections to adjacent surface to avoid any damages to adjacent surfaces not
scheduled to receive any work.
18. Provide all required temporary weather protection to scopes that interact with the exterior building
envelope.
19. Provide all restoration of grounds disturbed by work of this contract.
20. Provide all required scope layout including any required surveying.
21. Supply all required scope accessories.
22. Provide any necessary mainteñañce and protection of traffic as required to perform scope.
23. Acquire all necessary state, county, city and/or town permits required to perform work including all cost
associated with these permits.
24. Include any and all necessary temporary barricades and / or fencing necessary to perform work.
25. Products shall be supplied in accordance with the specification requirements of all performañce
requirements and warranties.
26. Supply all colors for selection and all color approvals prior to releasing any materials.
27. All protection of your scope.
28. Provide all required as-built drawings, records, and close-out documents as electronic "PDFs", 3 bound
copies, and/or per the requirements of the project documents.
29. Provide all required project close-out documents as an electronic pdf submittal document with the required
Submittal Cover Sheet attached.
30. Provide all required submittals in an electronic format with the required submittal cover sheet submitted as
one file. Submittals are required as soon as possible, but within 10 days of the date of this agreemeñt.
31. Provide a schedule of values breakdown (labor and material) and be provided within five (5) days of receipt
of letter of intent to award contract. Schedule need to be broken down as labor and material and by S.E.D.
Project Control Numbers.
32. Project is a tax exempt.
33. Scheduling of this project is critical and there will be no exception for any delays of this project. Delay will
have financial consequences. The overall completion date for this project is July 21, 2021 with key
Schedule"
milestones that are required to be met as spelled out on specification "Project (see attachmeñ‡)
and any scheduling modification as indicated in addenda.
34. Mandatory safety glasses wearing; 100% of the time; this means anyone not wearing protective eye wear
that meets or exceeds Z.81 standards will be removed from the project or disciplinary action will be taken.
This will be strictly enforced.
35. Clean up and removal of any debris related to your scope.
36. Attendance at job meetings is mandatory when requested by Concept Construction Corp; $200.00 fine for
failure to attend.
37. On this time is of the essence and with no exceptions, your scope must progress to the pace of the
project,
project; which also means manning the project accordingly.
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FILED: ERIE COUNTY CLERK 02/03/2021 12:55 PM INDEX NO. 809591/2020
NYSCEF DOC. NO. 31 RECEIVED NYSCEF: 02/03/2021
38. Percentage of mark-up on additional work: in the event the owner authorizes a change to the scope of the
contract, the contractor should be advised that change order work will be performed for the actual cost of
the work with a total mark up as defined in the project specifications. A complete breakdown of costs is
required to be submitted verifying number of hours, rate per hour, invoices for materials purchased, etc.
Requests for additional costs without the complete breakdown required will not be processed.
(herein after called the "Work"), at the above captioned project in accordance with
Drawings dated March 04, 2019 (Bid Documents), Specifications and Addendum No. AT-1 dated 03-08-2019,
Addendum No. AT-2 dated 03-15-2019, Addendum No. AT-3 dated 03-22-2019, Addendum No. AT-4 dated
03-27-2019, Addendum No. AT-5 dated 03-28-2019, & Addendum No. AT-6 dated 03-29-2019 as generated
and as set forth by Gordon W. Jones Associates Architects, 5757 Main Street, Williamsville, NY 14221.
The work includes, but not limited to, the following sections:
DIVISION SECTION DESCRIPTION
** to Contract **
Refer Documents For Specifications
00 All Bidding & Contracting Requirements
00 007300 Supplemental General Conditions
01 All General Requirements
- 103"
01 011000 Summary of Work Contract
02 024119 Selective Demolition
02 028213 Asbestos Abatement
02 028333 Lead Removal and Disposal
SUBCONTRACT PRICE: The amount to be paid by Contractor to Subcontractor for performance and
completion of the work shall be: ONE HUNDRED FIFTY THOUSAND DOLLARS
$150,000.00
(herein after the "Subcontract Price") subject however, to additions and / or deductions as provided for herein.
SCHEDULE: The work required under this Subcontract shall begin, progress and be completed on or about
July 21, 2021, with key milestones that are required to be met as spelled out on specification "Project
Schedule"
and any scheduling modification as indicated in addenda.
and per Concept Construction's schedule.
SAFETY AND HEALTH REQUIREMENTS shall include, but not limited to: Goods and services provided
under this contract shall comply with all Federal Occupational Safety and Health Administration(OSHA) and
Concept Construction Corp. requirements and with all New York State Safety and Health requirements,
Workers'
including those of the State Compensation Division.
LIQUIDATED DAMAGES: If the contract documents provide for liquidated dames for delay beyond the
completion date for the Work, and if such damages are so assessed, the Contractor may assess same against the
Subcontractor in proportion to the Subcontractor's share of the responsibility for such delay.
SUBMITTALS: Without excuse or exceptions, Subcontractor submittals must be received by Concept no later
than 10 days from date on Letter of Intent. All submittals to be provided electronically, unless otherwise
as one file with a Submittal Cover Sheet to joel@conceptconstruction.com. Concept has the right to
noted,
hire an independent as Subcontractor's expense, to complete submittals if this date is not met. Liquidated
firm,
damages will also be imposed if applicable.
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FILED: ERIE COUNTY CLERK 02/03/2021 12:55 PM INDEX NO. 809591/2020
NYSCEF DOC. NO. 31 RECEIVED NYSCEF: 02/03/2021
SUBCONTRACTOR VENDOR INDENTIFICATION LIST: Concept's Subcontractor or Vendor
Identification list is part of this contract. A section is provided at the end of the subcontract for you to provide
your suppliers name, contact person and telephone number. THIS SECTION MUST BE COMPLETED WITH
THE RETURN OF THIS SIGNED CONTRACT.
SUBCONTRACTOR'S PAYMENT FOR LABOR, MATERIALS AND SERVICES: Subcontractor agrees
to promptly pay any and all sums due, to include, but not limited to, labor, including any and all benefits,
materials and services including insurance and taxes, furnished in connection with Subcontractor's performance
of its work. Concept Construction Corp. requires, as a condition precedent to making any payment hereunder,
satisfactory evidence, including release of liens and proof of payment by Subcontractor and those working
under Subcontractor of all indebtedness incurred for labor, including any and all benefits, materials and services
furnished up to the time of payment hereunder. Subcontractor and those working under Subcontractor shall
furnish certificates showing such payments. Subcontractor further agrees to furnish to Concept Construction
Corp. an affidavit of any subcontractor, supplier or material man of Subcontractor, attesting to full payment for
any labor, including any and all benefits, material, and services or equipment provided for performance of
Subcontractor's work. In the event of non-payment of any such sums as aforesaid, Concept Construction Corp
may retain and pay to the parties entitled thereto, including Concept Construction Corp. and Owner, out of any
payments then due or thereafter to become due Subcontractor, an amount sufficient to fully reimburse such
parties. Should there be any deficiency after such payments are made; Subcontractor shall promptly refund
such deficiency to Concept Construction Corp.
Concept reserves the right to provide joint checks at Concept's direction to guarantee payments due.
PREVAILING WAGE RATE: Subcontractor acknowledges receipt from Concept of a copy of the Schedule
of Wages & Supplements Prevailing Rate Schedule Case No. PRC#2018012750 specified in the public
improvement contract for the project. Subcontractor affirms that it has reviewed such schedules and agrees to
pay the applicable prevailing wages and to pay or provide the supplement specified herein.
THE PREVAILING WAGE AFFIDAVIT MUST BE EXECUTED AND RETURNED WITH THIS
SUBCONTRACT.
Concept Construction Corp. is required to submit certified payroll for the previous month with our monthly
billing. If certified payroll is missing, Concept Construction Corp's pay application will be rejected by the
10th
Owner. With that said, you will be responsible to provide your payroll monthly by the of each month for
the previous month. Example: Submit March payroll by April 10th.. It is your responsibility to police this, not
Concept's. If Concept has to call you looking for your payroll, you will be charged a non-negotiable fee of
$200.00 per occurrence.
10th
Month Work Force Employment Utilization Reports are required to be submitted to this office by the Of
each month.
10th
Weekly Certified Payroll Reports are required to be submitted
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FILED: ERIE COUNTY CLERK 02/03/2021 12:55 PM INDEX NO. 809591/2020 NYSCEF DOC. NO. 31 RECEIVED NYSCEF: 02/03/2021 CONCEPT ...,.m.,,- 2555 Transit Road Member of ABC p Elma, New York 14059 www.conceptconstruction.com 716-675-9171 E-mail: info@conceptconstruction.com Fax 716 675-6609 ___ SUBCONTRACTOR AGREEMENT TO: ARRIC CORPORATION SUBCONTRACT: 9983 5033 TRANSIT ROAD DATE: 5/6/2019 DEPEW, NY 14043 PRICE: $150,000.00 PHONE NO: (716) 681-3535 TERMS: Payment upon receipt from PROJECT: Springville P-Tech Academy owner, less 10% retention LOCATION: 267 Newman Street Springville, NY 14141 THIS SUBCONTRACT AGREEMENT, made this 6th day of May 2019 by and between CONCEPT "Contractor" CONSTRUCTION CORP. of Elma, New York hereinafter called or "Concept", and ARRIC CORPORATION whose address is hereinafter called "Subcontractor". OWNER: as used herein and in Concept's General Conditions means Springville-Griffith Institute School District, 267 Newman Street, Springville, NY 14141. PROJECT LOCATION: Springville P-TECH - S.E.D.14-11-01-06-0-006-001 Academy 267 Newman Street Springville, NY 14141 PRIME CONTRACT: means the entire contract between Owner and Contractor for the Project, including all plans and specifications (which contract, plans and specifications.have been examined by Subcontractor or have been made available for examination) and such other documents as may be connected with or atany time made part of said contract, including all addenda or modification thereof, all of which are EXPRESSLY INCORPORATED BY REFERENCE and are made a part thereof. Subcontractor agrees to furnish all labor, materials, tools, equipment, taxes and necessary insurances required to perform work. With no exceptions, all work in scope to be performed per complete plan set and specifications. "Quotation" To include, but not limited to, scope of work defined in / on dated aOP Alternates Included: Alternate Alternate Alternate Alternate Alternate 103- 103-01, 103-02, 103-03, 103-04, 05, Alternate 103-06, Alternate 103-07, Alternate 103-08, Alternate 103-10, And Alternate 103-11 Springville P-Tech - 219013 Page 1 of 12 Academy FILED: ERIE COUNTY CLERK 02/03/2021 12:55 PM INDEX NO. 809591/2020 NYSCEF DOC. NO. 31 RECEIVED NYSCEF: 02/03/2021 ASBESTOS PACKAGE: 1. Supply all labor, material, and equipment to supply and install, in its entirety, all asbestos abatement scopes as required for a complete installation. 2. To include the removal, disposal and protection of all abated systems. Provide all required building posting 10 days prior to the start of any abatement. 3. Provide all necessary temporary lighting, water, and power to perform scope. 4. Provide removal of all non-ACM mastics where flooring system is removed under abatement. 5. Provide all required coordination with the owners monitoring contractor. 6. Provide all require permits and notifications. 7. Scope to be performed in accordance with all local, state, and federal regulations. 8. All work to be performed in strict accordance to OSHA and/or NYSCRR requirements. 9. Provide all required protection, monitoring, clean-up, legal disposal (provide documentation), and accessories related to scope as indicated on plans and in specifications. 10. Provide all required accessories. 11. At minimum, meet all required phasing and scheduling of the project based off specification scheduling. 12. Provide all dumpsters necessary for hazardous material removals. 13. Provide restoration, patch and paint for any surfaces damaged by the operation of purchase order scopes. Per summary of work, non-residue tape is to be used for any scope touching existing surfaces. LEAD PACKAGE: 14. Supply all labor, material, and equipment to supply and install, in its entirety, all lead abaternent scopes as required for a complete installation. Provide and obtain all require permits associated with scope. 15. To include but not limited to interior and exterior. 16. Provide legal disposal of all lead removals under purchase order scope. 17. Provide multiple mobilizations to perform scope relative to the progress of the project. 18. Supply all labor, material, and equipment to supply and install, in its entirety, all lead removal scopes related to scope as required. DEMO PACKAGE: 19. Supply all labor, material, and equipment to supply and install, in its entirety, all demolition scopes as required for a complete installation. 20. Provide and obtain all require permits associated with scope. 21. To include but not limited to interior and exterior demolition. 22. Provide legal disposal of all items demolished under purchase order scope including all necessary dumpsters. 23. Provide multiple mobilizations to perform scope relative to the progress of the project. 24. Provide all required demolition indicated on all contract documents. Springville P-Tech - 219013 Page 2 of 12 Academy FILED: ERIE COUNTY CLERK 02/03/2021 12:55 PM INDEX NO. 809591/2020 NYSCEF DOC. NO. 31 RECEIVED NYSCEF: 02/03/2021 "toothing" 25. Provide masonry to allow for the installation of new masonry work to existing masonry as necessary. 26. Provide all required concrete slab and/or foundation removal required for new construction; includes saw cutting as necessary. 27. Provide and maintain all required shoring associated with demolition. air" 28. Provide all necessary "negative requirements. 29. Provide weather protection for any areas of demolition that exposes the interior space to exterior weather. 30. Provide all required tools, lift, safety, protection, OSHA requirements, etc. as necessary to perform scope. 31. Provide all required protections of adjacent product as to not cause damage. Any damages outside scope requirement will be repaired at contractor expense. 32. Provide all required temporary protection of exterior features remove during the demolition score that are not immediately replaced or infilled. 33. Protect any exterior landscaping feature that interacts with scope of work. Correct any damages that do occur. GENERAL: #103" 1. Provide all requirements as spelled out in the General Trades Work "Contract that pertains to scopes covered under this purchase order. Refer to Specification Section 011000 in its entirety. 2. Maintain the basis of the project schedule as indicated in attachment to this contract. 3. Provide all scope related testing and inspection as necessary. 4. Provide all required labor to perform scope to maintain the progress of the project. This includes all required overtime and premium times Saturdays and/or Sundays. 5. Incorporate review of geotechnical report findings as it relates to scope of work. 6. Provide all lifting, hoisting and pumping of materials and equipment as required. 7. Supply all field verification and coordination with all other associated trades. 8. Provide all necessary and/or required demolition necessary for the installations that pertains to scopes covered under this purchase order that are not covered elsewhere in project documents. 9. Provide and install any required block, in-wall or exposed, necessary for scopes covered under this agreement. 10. All work of purchase order to be in accordance with all state, county, city, town, and/or village requirements, codes, regulations, and/or statutes. It is the requirement of the contractor, under this agreement to insure that all requirements of included scope are met whether indicated or not in project documents. 11. Fully coordinate the scope of work with all other trades & all other prime contractors prior and as the scope of this contract proceeds. 12. Removal of any debris, on a daily basis, related to scope to dumpster provided by contractor list on this agreement. 13. Provide all required safety for your work; minimum per OSHA standards. 14. Provide copies of all osha certification prior to start of any onsite work. Send complete list and certifications to concept as soon as possible. Springville P-Tech - 219013 Page 3 of 12 Academy FILED: ERIE COUNTY CLERK 02/03/2021 12:55 PM INDEX NO. 809591/2020 NYSCEF DOC. NO. 31 RECEIVED NYSCEF: 02/03/2021 15. Provide and insure that all require dust, sound and safety controls are in place prior to the start of any work. 16. Provide clean-up of any debris generated thru the installation of your scope to a state the area was in prior to the start of your work. 17. Provide all necessary protections to adjacent surface to avoid any damages to adjacent surfaces not scheduled to receive any work. 18. Provide all required temporary weather protection to scopes that interact with the exterior building envelope. 19. Provide all restoration of grounds disturbed by work of this contract. 20. Provide all required scope layout including any required surveying. 21. Supply all required scope accessories. 22. Provide any necessary mainteñañce and protection of traffic as required to perform scope. 23. Acquire all necessary state, county, city and/or town permits required to perform work including all cost associated with these permits. 24. Include any and all necessary temporary barricades and / or fencing necessary to perform work. 25. Products shall be supplied in accordance with the specification requirements of all performañce requirements and warranties. 26. Supply all colors for selection and all color approvals prior to releasing any materials. 27. All protection of your scope. 28. Provide all required as-built drawings, records, and close-out documents as electronic "PDFs", 3 bound copies, and/or per the requirements of the project documents. 29. Provide all required project close-out documents as an electronic pdf submittal document with the required Submittal Cover Sheet attached. 30. Provide all required submittals in an electronic format with the required submittal cover sheet submitted as one file. Submittals are required as soon as possible, but within 10 days of the date of this agreemeñt. 31. Provide a schedule of values breakdown (labor and material) and be provided within five (5) days of receipt of letter of intent to award contract. Schedule need to be broken down as labor and material and by S.E.D. Project Control Numbers. 32. Project is a tax exempt. 33. Scheduling of this project is critical and there will be no exception for any delays of this project. Delay will have financial consequences. The overall completion date for this project is July 21, 2021 with key Schedule" milestones that are required to be met as spelled out on specification "Project (see attachmeñ‡) and any scheduling modification as indicated in addenda. 34. Mandatory safety glasses wearing; 100% of the time; this means anyone not wearing protective eye wear that meets or exceeds Z.81 standards will be removed from the project or disciplinary action will be taken. This will be strictly enforced. 35. Clean up and removal of any debris related to your scope. 36. Attendance at job meetings is mandatory when requested by Concept Construction Corp; $200.00 fine for failure to attend. 37. On this time is of the essence and with no exceptions, your scope must progress to the pace of the project, project; which also means manning the project accordingly. Springville P-Tech - 219013 Page 4 of 12 Academy FILED: ERIE COUNTY CLERK 02/03/2021 12:55 PM INDEX NO. 809591/2020 NYSCEF DOC. NO. 31 RECEIVED NYSCEF: 02/03/2021 38. Percentage of mark-up on additional work: in the event the owner authorizes a change to the scope of the contract, the contractor should be advised that change order work will be performed for the actual cost of the work with a total mark up as defined in the project specifications. A complete breakdown of costs is required to be submitted verifying number of hours, rate per hour, invoices for materials purchased, etc. Requests for additional costs without the complete breakdown required will not be processed. (herein after called the "Work"), at the above captioned project in accordance with Drawings dated March 04, 2019 (Bid Documents), Specifications and Addendum No. AT-1 dated 03-08-2019, Addendum No. AT-2 dated 03-15-2019, Addendum No. AT-3 dated 03-22-2019, Addendum No. AT-4 dated 03-27-2019, Addendum No. AT-5 dated 03-28-2019, & Addendum No. AT-6 dated 03-29-2019 as generated and as set forth by Gordon W. Jones Associates Architects, 5757 Main Street, Williamsville, NY 14221. The work includes, but not limited to, the following sections: DIVISION SECTION DESCRIPTION ** to Contract ** Refer Documents For Specifications 00 All Bidding & Contracting Requirements 00 007300 Supplemental General Conditions 01 All General Requirements - 103" 01 011000 Summary of Work Contract 02 024119 Selective Demolition 02 028213 Asbestos Abatement 02 028333 Lead Removal and Disposal SUBCONTRACT PRICE: The amount to be paid by Contractor to Subcontractor for performance and completion of the work shall be: ONE HUNDRED FIFTY THOUSAND DOLLARS $150,000.00 (herein after the "Subcontract Price") subject however, to additions and / or deductions as provided for herein. SCHEDULE: The work required under this Subcontract shall begin, progress and be completed on or about July 21, 2021, with key milestones that are required to be met as spelled out on specification "Project Schedule" and any scheduling modification as indicated in addenda. and per Concept Construction's schedule. SAFETY AND HEALTH REQUIREMENTS shall include, but not limited to: Goods and services provided under this contract shall comply with all Federal Occupational Safety and Health Administration(OSHA) and Concept Construction Corp. requirements and with all New York State Safety and Health requirements, Workers' including those of the State Compensation Division. LIQUIDATED DAMAGES: If the contract documents provide for liquidated dames for delay beyond the completion date for the Work, and if such damages are so assessed, the Contractor may assess same against the Subcontractor in proportion to the Subcontractor's share of the responsibility for such delay. SUBMITTALS: Without excuse or exceptions, Subcontractor submittals must be received by Concept no later than 10 days from date on Letter of Intent. All submittals to be provided electronically, unless otherwise as one file with a Submittal Cover Sheet to joel@conceptconstruction.com. Concept has the right to noted, hire an independent as Subcontractor's expense, to complete submittals if this date is not met. Liquidated firm, damages will also be imposed if applicable. Springville P-Tech - 219013 Page 5 of 12 Academy FILED: ERIE COUNTY CLERK 02/03/2021 12:55 PM INDEX NO. 809591/2020 NYSCEF DOC. NO. 31 RECEIVED NYSCEF: 02/03/2021 SUBCONTRACTOR VENDOR INDENTIFICATION LIST: Concept's Subcontractor or Vendor Identification list is part of this contract. A section is provided at the end of the subcontract for you to provide your suppliers name, contact person and telephone number. THIS SECTION MUST BE COMPLETED WITH THE RETURN OF THIS SIGNED CONTRACT. SUBCONTRACTOR'S PAYMENT FOR LABOR, MATERIALS AND SERVICES: Subcontractor agrees to promptly pay any and all sums due, to include, but not limited to, labor, including any and all benefits, materials and services including insurance and taxes, furnished in connection with Subcontractor's performance of its work. Concept Construction Corp. requires, as a condition precedent to making any payment hereunder, satisfactory evidence, including release of liens and proof of payment by Subcontractor and those working under Subcontractor of all indebtedness incurred for labor, including any and all benefits, materials and services furnished up to the time of payment hereunder. Subcontractor and those working under Subcontractor shall furnish certificates showing such payments. Subcontractor further agrees to furnish to Concept Construction Corp. an affidavit of any subcontractor, supplier or material man of Subcontractor, attesting to full payment for any labor, including any and all benefits, material, and services or equipment provided for performance of Subcontractor's work. In the event of non-payment of any such sums as aforesaid, Concept Construction Corp may retain and pay to the parties entitled thereto, including Concept Construction Corp. and Owner, out of any payments then due or thereafter to become due Subcontractor, an amount sufficient to fully reimburse such parties. Should there be any deficiency after such payments are made; Subcontractor shall promptly refund such deficiency to Concept Construction Corp. Concept reserves the right to provide joint checks at Concept's direction to guarantee payments due. PREVAILING WAGE RATE: Subcontractor acknowledges receipt from Concept of a copy of the Schedule of Wages & Supplements Prevailing Rate Schedule Case No. PRC#2018012750 specified in the public improvement contract for the project. Subcontractor affirms that it has reviewed such schedules and agrees to pay the applicable prevailing wages and to pay or provide the supplement specified herein. THE PREVAILING WAGE AFFIDAVIT MUST BE EXECUTED AND RETURNED WITH THIS SUBCONTRACT. Concept Construction Corp. is required to submit certified payroll for the previous month with our monthly billing. If certified payroll is missing, Concept Construction Corp's pay application will be rejected by the 10th Owner. With that said, you will be responsible to provide your payroll monthly by the of each month for the previous month. Example: Submit March payroll by April 10th.. It is your responsibility to police this, not Concept's. If Concept has to call you looking for your payroll, you will be charged a non-negotiable fee of $200.00 per occurrence. 10th Month Work Force Employment Utilization Reports are required to be submitted to this office by the Of each month. 10th Weekly Certified Payroll Reports are required to be submitted