WOODCOCK VENTURE , LLC l.

i 9
1055 FRANKLIN AYE SUITE 206 3
GARDEN CITY, NY 11530
CONNOLLYLAW^AOL.COM
516-308-8517

CONSTRUCTION CONTRACT

This AGREEMENT is between: For the following PROJEC T:

c.

WOODCOCK VENTURES . LLC 33 SEA BREEZE

WESTHAMPTON
AND
42” MASONRY
ANTHONY NAPOLI TANG CONSTRl KTION FIREPLACE-GLEN
GERY DANISH
BLEND

If Contractor is also the owner, all references to "Contractor" apply io the C ontractor in his capacity both as prime contractor and
owner. If Contractor is not the owner, the name and address of the owner is:

DESCRIPTION OF WORK:
Subcontractor will furnish all labor, materials and equipment as specified, and upon the project described above, in :i good, workmanlike
substantial manner as per hid form and/or estimate dated 1 2. 30 2020.

SCHEDULE Of VALUES FOR H NS CON I RAC I ARE:

FLUSH FIREBOX AND 5’ EXTERIOR BRICK
MASONRN CHIMNEY APROXI VIA I E 26* I IFK.il ff AS SI6.500.00
(T.k CODE and as per attached proposal

DATE OF COMMENCEMENT AND SI BS IWTIAL COMPLETION:

Subcontractor shall commence work detailed above on or about 01 0-2021 and shall achieve substantial completion of the work on or before
1/3 1/2021 (weather permitting).

PAYMENT Initial I
SCHEDULE:
It Contractor will pay Subcontractor in IHREKlore
payment schedules as follows: Payment Schedule 31 Subcontractor will receive payments on the
CONLMINCEMENT Of WORK: and Payment Schedule 32 - Subcontractor will receive payments on SUDS’] ANTIAl. LMMPI I "HON
payment schedule upon completion.

2) Total contract amount is S 16,500.00

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5
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INSURANCE:______________Initial Here
1) Subcontractor agrees to cause Contractor to be named as an additional insured on all of Subcontractor's insurance policies, other than Workers Compensation and
New York State Disability Insurance. The policy naming Contractor ns an additional insured shall:
a. be lVont an insurer with an A. VI. I Jest rating ot’A-X or higher that is authorized to conduct business in New York State:
b. be non-contributory'
<•*

e. list Contractor as an additional insured using endorsement K C» 20 10 11 85 or its equivalent: and d. describe the specific
services to be provided by Subcontractor and shots) of the work.

2) Specific Insurance Requirements

a. Commercial General Liability (Occurrence form) with limits not less than:
1. S2.U00.000 t reiictal Aggregate (Other than Produei$-( 'ompleled Operations)
2. SI .000.000 per ()eeunencc
3. S 1.000,000 Personal and Advertising Injury
L $2,000.000 Prod»cts/( ompleled Operations Aggregate

C overage to include a Per Project Aggregate. Blanket Contractual Coverage. & Broad Form Properly Damage. Coverage may not contain any
exclusion for Contractor or Subcontractor. If Subcontractor is performing any asbestos or lead abatement, the policy rhust include coverage for pollution
related events including third parly liability claims for bodily injury, property damage and clean-up costs resulting from removal, replacement enclosure,
encapsulation and/or disposal of hazardous material. Limits must be $2,000,000 per oceurrcne<L7S2.UOO.OOU Products and Completed Operations
Aggregate.

b. Automobile
i. Must cover Owned. Leased, and Non-Owned & Hired Vehicles with a Combined Single Limit not less than SI.0(8).000. If Subcontractor is
removing transporting hazardous waste (asbestos, lead or other hazardous materials), the Automobile policy shall prov ide pollution liability
broadened coverage (ISOCA 9048 or equivalent) as well as proof of VIC'S 90. Workers Compensation and Employers
e. Liability
i. employers Liability Limit not less than S5()0.000/$50(k(HW)/$>{M).ftU()
d. Disabilitv Benefits Liabilitv
i. Must cover all employees

e. Umbrella I.iabilitv
i. (overage must be IN cess of Commercial General Liability. Automobile Liability and Lmployers Liability at a Limit of not
less than S2.UOO.OOO

3) Subcontractor acknowledges that failure to obtain such insurance on behalf of Contractor constitutes a material breach of contract and subjects it to liability to the
Contractor for damages, indemnification and other legal rights and remedies. A certificate of insurance, evidencing the above requirements must be prov ided to
Contractor prior to the commencement of any work. Subcontractor further agrees to indemnily Contractor for any applicable deductibles and self-insured
retentions.

SAFETY AND HEALTH Initial I

REQUIREMENTS: Icrc
I) I he Subcontractor shall have sole responsibility for t he safety of its employees in perlbrmancc of the Subcontractors Work and for performing such Work in accordance
with all laws, rules and regulations, including but not limited to I .S. Occupational Safety and Health Administration (OSII A), state, or local safety regulations and
requirements.
2) Ail gaiety equipment will he provided by I he Subcontractor lor the Subcontractor's employees. The equipment will be maintained in a good state of repair and free of
defects. Any unsafe equipment or tools must be removed from the Project site immediately.
3) By establishment of these safety regulations and requirements and its mandatory application to the Subcontractor under the terms oj this Subcontract agreement.
Contactor does not create any joint, responsibility with Subcontract for the safety of Subcontractor’s employees. Subcontractor agrees that, the prevention of accidents
to workmen engaged upon or in the vicinity of its Work is solely the responsibility of the Subcontractor. Subcontractor shall be responsible for payment of all safety-
related citations, lines, and/or claims arising out of or relating to its Work levied against Contractor.
•I) Smoking on this Project site is strictly prohibited.
5) No alcoholic beverages or non-prescription drug'* or any person under the influence of such will be permitted on tire Project site. If Contractor, in its sole discretion, has
reason to believe that Subcontractor's employees may be under the influence of alcohol or any controlled substance. Subcontractor agrees that its employees will
voluntarily .submit to a drug or alcohol test, the cost of which will be the responsibility of Contractor. If Subcontractor's employee refuses to submit to such testing
vvh.cn requested. Subcontractor* s employee shall be immediately removed from the Project site and not be permitted to work on that or any future Contractor
project(s).
6) No horseplay or unsafe acts will be {(derated by any person on the Project site. No conduct or language will he permitted that is found to be offensive to another person
authorized to be on the site, employee, site visitor, or the general public.
1) Subcontractor understands and agrees that its failure to comply with any of the requirements or standards set forth in this Safety and I leulth Requirements seel urn will
be considered a breach of Ibis Subcontract Agreement.

TERMINATION: Initial Mere

Either party may terminate this contract fur cause as set forth herein:
Contractor Cause: Contractor mav terminate the contract for cause if:
*/

1) Subcontractor persistently or repeatedly refuses or (ails to supply enough property skilled workers or proper materials to complete the work in a timely
manner pursuant io the completion dales hereunder; or
2) Subcontractor disregards in any material respect laws, ordinances, or rules, regulations or orders of a public authority having jurisdiction: or
3) Subcontractor otherwise is guilty of .subslamial breach of a prov ision of the contract documents.
\\ hen any of die above reasons exist, the Contractor, upon alter giving the Subcontractor seven (7) days’ written notice with an opportunity to cure such alleged breach for
an additional live (5) Jay period, terminate this agreement. In the event of such termination. Subcontractor shall he liable for damages incurred by the contractor due to the
delay occasioned from the breach of this agreement or any costs or expenses incurred in excess of the contract amount to have the work actually completed.

Subcontractor Cause: For purposes of this paragraph. Subcontractor shall be entitled to terminate this contract lor cause when a conforming request for payment submitted
hereunder remains unpaid after thirty days have elapsed from submission of the request, provided the ( ontraeior has been given a live (5) day opportunity to cure such
default: Or work on the project that affects this contract has been stopped by Contractor or Owner for a period exceeding tidily (30) days and (’ontraeior has been given a ten
{10) day opportunity to cure such stoppage.

ADDITIONAL TERMS AND CONDITIONS: Initial Here

1) Workers’ Compensation and General I lability Insurance will be maintained in full force and effect by the Subcontractor and certificates will be furnished to the
Contractor before commencing work. I I K - failure of Contractor to demand delivery of ccrtilieates hereunder shall not relieve Subcontractor of any obligation under
this paragraph. Subcontractor shall notify the Contractor immediately if the required insurance policies are altered, rescinded or otherwise amended.
2) Subcontractor may make substitutions only with the consent of the Contractor and in accordance with an approved Change Order. 1. nlcss otherwise noted in the
contract documents, all materials and equipment furnished under this contract shall be good quality and new. Subcontractor warrants that the Work will conform to the
requirements of the contract documents and will be free from delects, except for those inherent in the quality of the work.
31 Subcontractor acknowledges that he has inspected the contract documents and the conditions on the site and has independently verified that the bid submitted herein is
accurate and biiKliim.
 18.59

4) Subcontractor will be sold) responsible lor all the methods, techniques, sequences, procedures* safely precautions and programs pertaining to
Subcontractor's portion of work to make sure that such accidents, damages and/or losses do not occur. It is Subcontractor's sole responsibility to
use sulci) equipment appropriate or suitable lor the work contemplated bv ibis contract.
5) Subcontractor L responsible to maintain a clean work emironmcnl and remove any debris produced by the Subcontractor or tis employees for any
and all work contracted under this agreement or change orders in work associated with this agreement..
oj I he parties agree that this written contract is complete and it >upersudes any prior negotiations. No representation, agreement, warrant) of other
statement, written or oral, made b) the Subcontractor. Subcontractor's employees and/or agents shall be valid and binding unless the same is
included and incorporated in this contract. No amendments, alterations, cancellations or changes of this contract shall be valid unless in writing
and subscribed In the Contractor.
7) Subcontractor will not work directly for the Owner or Architect while under contract with the Contractor without prior written approval from
Contractor.
8) J o the ftdlest extent permitted by law. the Subcontractor shall defend, indemnify and hold harmless the Contractor and the Owner and their
directors, officers, agents and assigns from and against all claims, damages, losses and expenses, including but not limited to attorneys’ fees
arising out of or resulting from the performance of the work, provided that such claim* damage, loss or expense is attributable to bodily injun.
sickness, disease or death, or injury or destruction of tangible properly, including the loss of use resulting therefrom, provided such claims,
damages, lo.ss or expense is caused in whole or in part by any negligent or willful net or omission of the Contractor, the Subcontractor, anv sub-
con tractor, oranvone emploved direct Iv or indirccllv b\ them, or urn one for whose acts am of them may be liable. Such obligation shall not be
construed to negate, abridge or reduce other rights or obligations of indemnity which would otherwise exist as lo parts nr person indemnilied
hereunder.
9} Subcontractor waives all right* against the Contractor. Owner and Architect and their agent', officers, directors and employees for recovery of
damages to the extent those damages are covered b\ commercial general liahilitv. commercial umbrella liabilitv. business auto liabilitv or workers
compensation and employers liability insurance maintained per the requirements staled above.
K9 In the event that litigation is instil tiled under this contract, it shall be brought and tried in Suffolk (.mum. New York. The undersigned waives the right
to have suit brought or tried in or removed to anv oilier count) or judicial jurisdiction.
I 1) In the event any provision of (his conlraci is held to he invalid or unenforceable, the other provisions of this contract shall be valid and bindingon the
parties hereto.
17) t here are no understandings or agreements except as herein expressly stated.

WOODCOCK VENTURE. LLC

A N i l ION V N A PC)
LITA N O
Print: CONSTRUCTION INC
Subcontractor's License No.

Signature: Print:

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(Contractor's Signature: 1 Subcontractor X Signature)
Signature)

Dal e:

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Anthony Napolitano Construction pobox 418
aquebouge, NY 11931
Date 12/30/2020
Phone# 5168184963 Estimate# 943
Fax # 6317228467

33kev>n connolly
sea breeze westthampton

fireplace & chimney 1 42" standard firebox with brick chimney detail as per plan 16 500.00
 allowance on brick .72 cents each

exclusions "any foundation work **any carpentry needed " any thru flashing '"'any C 00
caps ""any interior finishes other than firebox

Total

$16 500 00