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22B-040 (26) BP-2024-1358 221 PINE ST COMMONWEALTH OF MASSACHUSETTS Map:Block:Lot: 22B-040-001 CITY OF NORTHAMPTON Permit: Alts Renovations Repair PERSONS CONTRACTING WITH UNREGISTERED CONTRACTORS DO NOT HAVE ACCESS TO THE GUARANTY FUND (MGL c.142A) BUILDING PERMIT Permit# BP-2024-1358 PERMISSION IS HEREBY GRANTED TO: Project# RE-ROOF 2024 Contractor: License: Est. Cost: 100000 TIMOTHY HOPKINS 114097 Const.Class: Exp.Date:02/12/2025 Use Group: Owner: LLC THE BRUSH WORKS Lot Size (sq.ft.) Zoning: OI/WP Applicant: R&H ROOFING LLP Applicant Address Phone: Insurance: 59 SOUTH ST (413)527-9378 WCC340071A EASTHAMPTON, MA 01027 ISSUED ON: 10/22/2024 TO PERFORM THE FOLLOWING WORK: RE. 4DOF POST THIS CART) SO IT IS VISIBLE FROM THE STREET inspector of Plumbing inspector of Wiring D.P.W. Building Inspector Underground: Service: Meter: Footings: Rough: Rough: House# Foundation: Final: Final: Final: Rough Frame: Gas: Fire Department Driveway Final: Fireplace/Chimney: Rough: Oil: Insulation: Final: Smoke: Final: THIS PERMIT MAY BE REVOKED BY THE CITY OF NORTHAMPTON UPON VIOLATION OF ANY OF ITS RULES AND REGULATIONS. Signature: 7 2- Fees Paid: $875.00 212 Main Street,Phone(413)587-1240,Fax:(413)587-1272 Office of the Building Commissioner The Commonwealth of Massa �e. 0�4 husa Office of Public Safety and Inspec t y, `,(8 rF,, r,A,r Massachusetts State Building Code(780 CMK) nlc�r Building Permit Application for any Building other than a One-or Two-i- 11,Aitiir n (This Section For Official Use Only) Building Permit Number�c/'/ 57 Date Applied: Building Official: SECTION 1:LOCATION 221 Pine Street Florence 01062 Brushworks,LLC No.and Street City/Town Zip Code Name of Building(if applicable) Assessors Map# Block#and/or Lot # SECTION 2:PROPOSED WORK Edition of MA State Code used If New Construction check here 0 or check all that apply in the two rows below Existing Building 0 Repair 0 Alteration 0 Addition 0 Demolition 0 (Please fill out and submit Appendix 2) Change of Use 0 Change of Occupancy 0 Other i(Specify: Re-Roof Are building plans and/or construction documents being supplied as part of this permit application? Yes 0 No IBC Is an Independent Structural Engineering Peer Review required? Yes 0 No EX Brief Description of Proposed Work Front-Addin coverboard, induction welded PVC roof system Back- removing existing 2"insulation and EPDM membrane and replacing it with new k30 insulation -and-induction welded PVC roof system _ SECTION 3:COMPLETE THIS SECTION IF EXISTING BUILDING UNDERGOING RENOVATION,ADDITION,OR CHANGE IN USE OR OCCUPANCY Check here if an Existing Building Investigation and Evaluation is enclosed(See 780 CMR 34) 0 Existing Use Group(s): Proposed Use Group(s): SECTION 4:BUILDING HEIGHT AND AREA Existing Proposed No.of Floors/Stories(include basement levels)&Area Per Floor(sq.ft.) 3 9400 sq.ft. Total Area(sq.ft.)and Total Height(ft.) SECTION 5:USE GROUP(Check as applicable) A: Assembly A-1 0 A-2 0 Nightclub 0 A-3 0 A-4 0 A-5 0 B: Business IN E: Educational 0 F: Factory F-1 0 F2 0 H: High Hazard H-1 0 H-2 0 H-3 0 H-4 0 H-5 0 I: Institutional I-1 0 1-2❑ 1-3 0 1-4❑ M: Mercantile 0 R: Residential R-1❑ R-2 0 R-3 0 R-4 0 S: Storage S-1 0 S-2 0 U: Utility 0 Special Use 0 and please describe below: Special Use Description SECTION&CONSTRUCTION TYPE(Check as applicable) IA 0 1B0 IIAD IIB 0 IIIA 0 IIIBD IV VA VB 0 SECTION 7:SITE INFORMATION(refer to 780 CMR 105.3 for details on each item) Water Supply: Flood Zone Information: Sewage Disposal: Trench Permit Debris Removal: Public 0 Check if outside Flood Zone D Indicate municipal 0 A trench will not be Licensed Disposal Site O Private 0 or indentify Zone:_ _ or on site system 0 required 0 or trench or specify permit is enclosed 0 Railroad right-of-way: Hazards to Air Navigation: Historic c;oatini»ion Review Process: Not Applicable 0 Is Structure within airport approach area? Is their review completed? or Consent to Build enclosed 0 Yes 0 or No 0 Yes 0 No 0 SECTION 8:CONTENT OF CERTIFICATE OF OCCUPANCY Edition of Code: Use Group(s): Type of Construction: Does the building contain an Sprinkler System?: Special Stipulations: Design Occupant Load per Floor and Assembly space: SECTION 9: PROPERTY OWNER AUTHORIZATION Name and Address of Property Owner Mount Holyoke Management,LLC 667 Main Street Holyoke 01040 Name(Print) No.and Street City/Town Zip Property Owner Contact Information: Ari Berezin 413 -534 -0955 - arimhm@hotmail.com Title Telephone No.(business) Telephone No. (cell) e-mail address If applicable,the property owner hereby authorizes: R&H Roofing,LLP 59 South Street Easthampton MA 01027 Name Street Address City/Town State Zip to apply for and act on the property owner's behalf,in all matters relative to work authorized by this building permit application. SECTION 10:CONSTRUCTION CONTROL(Please fill out Appendix 1) If a building is less than 35,000 cu.ft.of enclosed space and/or not under Construction Control then check here O. Otherwise provide construction control farms(see section 107 in the code)as required. 10.1 Registered Professional Responsible for Construction Control(the professional coordinate document submittals) Name(Registrant) Telephone No. e-mail address Registration Number Street Address City/Town State Zip Discipline Expiration Date 10.2 General Contractor R&H Roofing,LLP Company Name Timothy Hopkins CS-114097 Constructionn Supervisor Name of Person Responsible for Construction License No. and Type if Applicable 59 South Street Easthampton MA01027 Street Address City/Town State Zip 413-527-9378 - - rhroofingllp@gmail.com Telephone No.@usiness) Telephone No.(cell) e-mail address SECTION 11:WORKE)iS'COMPENSAl1oN INSVRANcE AFFIJPAVJT(M.G.L c.152.§25C(6)) A Workers'Compensation Insurance Affidavit from the MA Department of Industrial Accidents must be completed and submitted with this application. Failure to provide this affidavit will result in the denial of the issuance of the building permit. Is a signed Affidavit submitted with this application? Yes Cl No Cl SECTION 12:CONSTRUCTION COSTS AND PERMIT FEE Item Estimated Costs:(Labor and Materials) Total Construction Cost(from Item 6)_$ 100,000.00 1.Building (Roof) $ 100,000.00 Building Permit Fee=Total Construction Cost x$7.5((Insert here 2.Electrical $ appropriate municipal factor)_$ S750 00. 3.Plumbing $ 4.Mechanical (HVAC) $ Note:Minimum fee=$ 125.00 (contact muni 5.Mechanical (Other) $ Enclose check payable to City of Northampton 6.Total Cost $ 100,000.00 (contact municpality)and write check number here 31 ��d SECTION 13:SIGNATURE OF BUILDING PERMIT APPLICANT By entering ame below,I hereby attest under the pains and penalties of perjury that all of the information contained in this applicati s true and accurate to the best of my knowledge and understanding. Timothy Hopkins _ Partner 413 -527 - 9378 10-09-2024 Please print and sign name Title Telephone No. Date 59 South Street Easthampton MA 01027 rhroofingllp@gmail.com Street Address City/Town State Zip Email Address Municipal Inspector to fill out this section upon application approval: / ID. 2 Z`/ Name Date Commonwealth of Massachusetts ItDivision of Occupational Licensure Board of Building Re ulations and Standards Con stjCon stotekg Vii0eivisor CS-114097 w ,,,spires: 02/12/2025 TIMOTHY H 110 59 SOUTH SV EASTHAMPTON 41°I i bJ 0 Commissioner deept City of Northampton •'' • Massachusetts �� • - s,°'<< • DEPARTMENT OF BUILDING INSPECTIONS `�'+✓ � 212 Main Street • Municipal Building `, Ca Northampton, MA 01060 sJy ��`� ar2 CONSTRUCTION DEBRIS AFFIDAVIT (FOR ALL DEMOLITION AND RENOVATION PROJECTS) In accordance of the provisions of MGL c 40, S54, a condition of Building Permit Number is that all debris resulting from this work shall be disposed of in a properly licensed waste disposal facility, as defined by MGL c 111, S 150A. The debris will be disposed of in: Location of Facility: Hatfield,MA 01038 The debris will be transported by: Name of Hauler: Dave Wickles Trucking, LLC Signature of Applicant: Date: 10-09-2024 The Commonwealth of Massachusetts ra --_ ..-.�-� Department of Industrial Accidents 1 Congress Street,Suite 100 �` � Boston, .NA 02114-2017 r www.mass.gov/dia 11 vs-ken'Compensation Insurance AfRdavit:Buildersl('ontractors/Electricians/Plumbers. TO at:HILO%ITO T14E PLRMI-ITING AliTNORJTl. Annlicant Information Please Print Lenibls Name i Bus ti:es.Organization Indic ulna II: R&H Roofing,LLP Address: 59 South Street City'Stttc Zip: Easthampton,MA 01027 Phone#: 413-527-9378 Are)er na isuptmer'.'('hack thr apprupriar bait: 1-)pc of project(required): 1.®1 am a employer with 12 ciimpt.c..t full arid tat part-lima' 7 [J New construction 2(3 I am a sole prom tam or purtnershrp and have nu amply) working for:ix In N. 3 Rensodeling ;my a7pa.uy.[Nu wurkers'comp.insurance requital.] u 3FJ I am a homeowner t doing all wont myself.l\o workers'corm rrnutn r .e rryurra'd 1' 9. El Demolition 10 g Building addition 4.0 1 am a InnrsC,, a and will be luting wntracIurs to aaniduct all work on ma property I will u ensure that all contractors either hair workers avntpensatwn imamate in are sole 11.Q Electrical repairs or additions proptxtors with no aripluysaI. 12.0 Plumbing repairs or additions .,sin I am a eci .ijJ cunHtaawt and I lave hued the sub-cu nuacton.listed on the attached sheet lbesesob-:antra:tuns have employesancl}US cwutkat, comp.tneursrnc 1?. Rtwfrep.Yirs 14. Other Re-Roof 6.0 Vic an:u corporation and its orTrren have exercised their right of exemption per Nita.c. 132...j 114i.and we have nu employees.[No wutkas'comp.insurance rigtt:ed.l •Ant applicant 1hxt checks box a I mint also fill out the section below show ing their worker.'compensation polieti information. 'homeowners who subunit this affidavit in.licatin;;they are doing all w uric and[two tare outsiale cuntraetory midi'ubnut a new afbdav it indiwing such. %('ontrac:tors that check this lox must attached an additional slum show ing the mune of the suls eontr-actun and scat.V.hither or nut those atuties ha+c canpluyees, ll the sub-contractors have employees.they must piov laic their wurhers.camp. lley reamer I am an employer that is providing workers'compensation insurance for my employees. Below is flu,Indic).and job site information. InsuranceCompany Name: National Casualty Co./AmWINS Insurance Policy#or Self-ins.Lie.4: WCC340071A Expiration Data. 5-26-2025 Job Site Address: 221Pine Street Ctty:Stateilip: Florence,_MA 01062 Attach a copy of the workers'compensation policy declaration page(showing the policy number and expiration date). Failure to secure coverage as required under NIGL e. 152. §25A is a criminal violation punishable by a tine up to S1.500.00 and.or one-year imprisonment.as well as civil penalties in the form of a STOP WORK ORDER and a fine of up to S250.W a day against the s iolator.A copy of this statement may be forwarded to the Office of Investigations of the DIA for insurance co\wage verification. t do hereby certify u the pains and penalties of perjury that the information provided above is true and correct. SiLnatur T:owl a'f 1-/UY'I4 C Uate: 10-09-2024 phone•".: 413-527-9378 Official use only. Do not write In this area.to be completed by city or town ofcial City or Town: Permii'License 4 issuing Authority'(circle one): 1.Board of health 2. Building Department 3.City/Town('lerk 4.Ekctrical Inspector 5. Plumbing Inspector 6.Other ('ontact Person: Phone n: ACCPREP CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DDrf THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND,EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(les)must be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT Kathyarker NAME: Y Alera Group, Inc. PHONE (413)586-0111 Fax (413) e6-64e1 (A/C.No.EXn: (Aic,No): 8 North King Street n=ess: kathy.parkersaleragroup.com INSURER(S)AFFORDING COVERAGE NAIC e Northampton MA 01060 INSURER A:Admiral Insurance Group/AmWINS INSURED INSURER B:Arbella Protection Insurance Co 41360 R & H Roofing, LLP INsuRERC:The Princeton Excess & Surplus/AmWINS 59 South Street INSURER D:National Casualty Company/AmWINS Insure INSURER E:Selective Insurance Group, Inc. 12572 , Easthampton MA 01027 INSURER F: COVERAGES CERTIFICATE NUMBER:Master Exp 05/2025 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR ADM OF INSURANCE AD SUER POLICY EFF POLICY EXP UMITS LTR INSD WVD POLICY NUMBER IMMIDD/YYYYI (MMIDD/Yyrfl X COMMERCIAL GENERALLIABIUTY CA00005321801 5/26/2024 5/26/2025 EACH OCCURRENCE $ 1,000,000 A CLAIMS-MADE X OCCUR PREMISES(OEaENTEoccu6snce) $ 300,000 _ _ MED EXP(Any one person) $ 5,000 PERSONAL 8 ADV INJURY $ 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER' GENERAL AGGREGATE $ 2,000,000 X POLICY n JEP n LOC PRODUCTS-COMP/OP AGG $ 2,000,000 OTHER Employee Bemires $ 1,000,000 AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ 1,000,000 (Ea accident) ANY AUTO BODILY INJURY(Per person) $ _ B ALL OWNED SCHEDULED AUTOS X AUTO$ 1020140170 5/26/2024 5/26/2025 BODILY INJURY(Per accident) $ `— NON-OWNED PROPERTY DAMAGE $ X HIRED AUTOS X AUTOS (Per accident) ^r —r Urderinsured moton sI BI spilt vna $ 100,000 UMBRELLA UAB OCCUR 82A3FF000460400 5/26/2024 5/26/2025 EACH OCCURRENCE $ 5,000,000 ~r c x EXCESS LIAB CLAIMS-MADE AGGREGATE $ 5,000,000 DED RETENTION $ $ WORKERS COMPENSATION X PER OTH- AND EMPLOYERS'LIABILITY YIN STATUTE ER ANY PROPRIETOR/PARTNER/EXECUTIVE H/A E L EACH ACCIDENT S 1,000,000 OFFICER/MEMBER EXCLUDED? Y D (Mandatory M NH) MCC340071A 5/26/2024 5/26/2025 E L DISEASE•EA EMPLOYEE S 1,000,000 If yes,desa be under DESCRIPTION OF OPERATIONS below E L.DISEASE-POLICY LIMIT $ 1,000,000 E Inland Marine PKG/TBD 5/26/2024 5/26/2025 Installation 150,000 Inland Marine PKG/TBD 5/26/2024 5/26/2025 RentedLeased Equipment 50,000 DESCRIPTION OF OPERATIONS I LOCATIONS!VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached H more space is required) CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE Evidence of Insurance THE EXPIRATION DATE THEREOF,NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE W Grinnell/KYLEY I ©1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25(2014/01) The ACORD name and logo are registered marks of ACORD INS025:2014C1, Contract Date:_9-26-2024_ Project Manager Timothy Hopkins Contract it: Contractor License•CS-114097 COMMERCIAL ROOFING CONTRACT CUSTOMER: Name: Mount Holyoke Management,LLC Contact Person (if customer is a business): Ari Berezin Billing Address: 667 Main Street Holyoke,MA 01040 Business Phone: 413-534-0955 Fax Number. Cell Phone: Home Phone: Email: arimhm®hotmail.com Project Address: Brushworks,LLC 221 Pine Street, Florence,MA 01062 In consideration of the payments to be made by Customer to R&H Roofing, LLP (the "Contractor"),whose address is 59 South St.Easthampton1MA 01027 the parties hereby agree as follows: 1. Contract Documents. The Contract Documents, taken together, shall constitute the entire agreement between the parties pertaining to the subject matter hereof and supersede all other agreements, understandings, negotiations and discussions, whether oral or written, of the parties and there are no warranties, representations or agreements between the parties in connection with the subject matter of the Contract Documents except as specifically set forth therein. The Contract Documents consist of the following: (a) this Contract and any drawings, specifications, schedules, addenda or exhibits attached to this Contract; (b) additional documents signed by both parties during the course of this Contract. (Extras, amendments and deletions are effective ONLY if documented on a Change Order form or other amending agreement in writing and initialed or signed by both parties);and (c) Discrepancies or omissions in the Contract Documents, site conditions and any work requested in variance of the Contract Documents are considered an extra to the Contract and are not included in the Contract Price. Any additional work required due to site conditions not disclosed to Contractor,or which could not be reasonably anticipated, are not included in the Contract Price and shall be an extra to the Contract Price. 2. Description of Work. Contractor agrees to provide all materials, labor, tools, equipment and supervision required to perform the Work ("Work") set out in the attached Work Schedule, in accordance with the Contract Documents. The Work will be performed between the hours of 7 a.m. and 6 p.m., Monday through Friday, statutory holidays excluded, unless the parties mutually agree, -2- provided that the Work will be performed only if weather conditions are favorable, in order to ensure an acceptable finished product. 3. Commencement Date & Completion Date. Contractor will commence the Work on or before_ASAP ("Commencement Date"). Contractor agrees that the Work shall be completed no later than ("Completion Date"), with substantial completion on or before . "Substantial completion" means that the Work has been completed (a) to the degree specified for substantial completion or substantial performance under any applicable (State/provincial)laws; (b) to the point where the project site is ready for use for the intended purpose, and (iii) to the point where an occupancy permit (where the same is required) has been issued. 4. Contract Price & Terms of Payment. The Contract Price shall be calculated in the following manner:(choose oriel (a)All inclusive fixed cost of $loU,000.00, plus applicable taxes, to be paid as follows: Timing of Payment Amount Upon execution of this contract $ 25.000.00 •Upon Delivey+.ef-W cxanty Balance of $75,000.00 1 �,�� ewe. • 'NT is.Coa. n1 . �, r�.ct -3- All payments must be made to Contractor.Any payment made to a subcontractor shall not be deemed to be a payment to Contractor under this Contract. In the event any payment is not paid when due, Contractor may stop work until payment is made. Any overdue installment shall bear interest at the rate of 1.5% per month (or the maximum rate allowable by law, whichever is less) from the due date until paid. 6. Permits & Inspections. The Work will be undertaken under the following permits,which will be provided and paid for by Customer or Contractor,as designated below: Permit Responsible Party Building Permit R&H Roofing Any permit obtained by Contractor will be transferred and conveyed to Customer within days of receipt by Contractor. The [Contractor / Customer] will be responsible for contacting the appropriate authorities for any required inspections. 7. Changes in Work. All changes and deviations in the Work require a written Change order signed by both Contractor and Customer, and the Contract Price will be increased or decreased accordingly by Contractor.Extras will be calculated as follows:(choose one) cost of materials plus an hourly rate of$ cost of labor and materials plus_% a fixed cost to be agreed upon in advance by both parties. Payment for Extras is subject to any applicable holdback,and is due:(choose one] upon signing of the Change Order within days of the date of Contractor's invoice per the Change Order X_ upon completion of the Extras specified in the Change Order 8. Customer's Responsibilities.Customer is responsible for the following: -4- (a) provision of all necessary water, electricity, access to the premises, and toilet facilities to Contractor's workers and subcontractors,at no charge during the performance of the Work; (b) provision of a storage area on the premises for equipment and materials. Contractor acknowledges and agrees that Customer shall assume no liability for materials, tools and equipment left at the work site.; (c) relocation and protection of any items that may obstruct Contractor's free access to the work areas, including but not limited to, furniture, fixtures, equipment, draperies, and plants. In the event that Customer fails to relocate such items,Contractor may relocate these items as required, but in no way is Contractor liable for any damage to these items during their relocation and/or during the performance of the Work; (d) obtaining permission from the owners and/or occupants of adjacent premises that Contractor shall use to gain access to the work areas. Customer agrees to hold Contractor harmless and accept any risks resulting from the use of such adjacent premises by Contractor; (e) correction of any existing defects identified during the course of the Work.Contractor shall have no liability for correcting any existing defects, including but not limited to dry rot, structural defects, or code violations. Contractor will inform Customer of any dry rot or other sub-roof deterioration which is discovered during the course of the Work; (f) maintaining property insurance with Fire, Course of Construction, all Physical Loss with Vandalism and Malicious Mischief clauses attached, in a sum at least equal to the contract price, prior to and during performance of the Work.If the project is destroyed or damaged by accident, disaster or calamity, or by theft or vandalism, any work or materials supplied by Contractor in restoring the project shall be paid for by Customer as extra work. 10. Standards of Work. Contractor agrees to undertake the Work diligently in a good and workmanlike manner and shall ensure that the Work is executed in a manner consistent with good quality industry standards and practices, by qualified and efficient workers, in compliance with any applicable Building Code and all other authorities having j urisdiction. All materials shall be new and of good quality, unless otherwise specified and agreed to by Customer. Contractor shall employ a sufficient number of workers skilled in their trades to suitably perform the Work. 11. Warranty. Contractor agrees to re-execute, at its sole expense, any Work which does not conform to the drawings and specifications, warrants the Work performed and agrees to remedy any defects resulting from faulty materials or workmanship pursuant to this Contract for a period of 2 year(s)following the Completion Date. Customer shall give Contractor written notice of any such defect within a reasonable time, and in any event within the warranty period. The following special conditions limit or otherwise affect the above warranty: (list any special conditions affecting warranty,delete if there are none) Contractor agrees to convey to Customer any manufacturer's or supplier's warranties on individual materials,products or systems supplied by Contractor under this Contract.Contractor does not warrant labor and/or materials supplied by Customer or by Customer's subcontractors. Contractor shall protect the Work, Customer's property and the property of third parties from damage resulting from Contractor's performance of its obligations under the Contract Documents. 12. Condition of Work Site. Customer acknowledges that there may be dust, noise and/or other inconveniences in and around the vicinity of the work site from time to time during the performance of the Work, and Contractor agrees to use reasonable efforts to limit such inconveniences. It is the responsibility of Customer to take all reasonable steps to provide a work site free of obstructions,and to -5- remove or protect furnishings, equipment and other items in areas where the same may be subject to dust,damage or vibrations. Contractor is responsible for keeping the work site orderly and reasonably free of debris. Upon completion of the Work, Contractor shall clean up the work site and leave it fit for use. All materials, equipment, debris, rubbish and similar material incidental to the Work shall be removed by Contractor,at no additional cost to Customer. 13. Contractor's Insurance. Prior to commencing the Work, Contractor shall, at its expense, obtain and continue to maintain during the performance of the Work,adequate insurance,including commercial general liability insurance in the minimum amount of$1,000,000 against claims for damages for personal injury or property damage resulting from any act or omission of Contractor,its employees or agents, in connection with the performance of this Contract. Contractor will provide Customer with proof of such insurance, including automobile liability insurance. Contractor shall be responsible for all on-site materials provided by Contractor for the Work until installed. 14. Surplus Materials. Any surplus materials left over after the Work has been completed are the property of Contractor. No credit will be due Customer on returns for any surplus materials.All salvage resulting from the Work is the property of Contractor. 15. Compliance With Laws. Contractor agrees to provide evidence of compliance by Contractor and Contractor's subcontractors with all requirements for registration and payments due under any applicable workers compensation statutes. Contractor also agrees to comply with all applicable laws, ordinances, rules, regulations, codes and orders during the performance of the Contract which relate to the preservation of public health or construction safety. 16. Other Contractors. Customer reserves the right to retain additional contractors in connection with the Work. Contractor shall coordinate the Work with such additional contractors, and Customer agrees to pay Contractor the sum of$ TBD for such coordination. 17. Default by Customer.In the event that: (a) Customer fails or refuses to perform any of its obligations under this Contract and has not cured such default within 15 days of written notice by Contractor;or (b) Customer becomes bankrupt or makes a general assignment for the benefit of its creditors,or if a receiver of the assets of Customer is appointed;or (c) if the Work is stopped as a result of a court order; Contractor may cease the Work and treat the Contract as repudiated forthwith on the occurrence of such default,and an accounting shall be made between the parties,and Contractor shall be entitled to payment for that portion of the Work that has been completed at the time of such default. 18. Default by Contractor.In the event that: (a) Contractor fails or refuses to perform any of its obligations under this Contract and has not cured such default within 15 days of written notice by Customer;or (b) Contractor becomes bankrupt or makes a general assignment for the benefit of its creditors,or if a receiver of the assets of Contractor is appointed; Customer may finish the Work in accordance with the plans and specifications as Customer may deem expedient, but without undue delay or expense. In such event, Contractor shall not be entitled to arty further payment hereunder,and upon completion of the Work an accounting shall be made between the -6- parties. If the unpaid balance of the Contract Price exceeds the expense of completing the Work, Customer shall pay Contractor for that portion of the Work that was completed and/or payable at the time of Contractor's default. If the expense of completing the Work exceeds such unpaid balance, Contractor shall pay Customer the amount of the shortfall. 19. Collection Fees. In the event that Customer defaults in payment under this Contract, Customer agrees to pay all collection fees and charges, including but not limited to, all legal fees that Contractor incurs as a result. 20. Signs. Customer agrees that Contractor may display a sign on the work site until the Completion Date. 21. Dispute Resolution. The parties agree that any dispute arising as to the interpretation of this Contract or to the extent of the Work shall be submitted to arbitration as agreed to by both parties or in accordance with the applicable arbitration laws. 22. 'lime of Essence.Time shall be of the essence of this Contract. 23. Governing Law. This Contract shall be governed by, construed, and enforced in accordance with the laws of MA , and the parties hereby attorn to the jurisdiction of the courts of Hampshire 24. Assignment. This Contract shall not be assigned by either party, in whole or in part, without the prior written consent of the other party,which shall not be unreasonably withheld. 25. Entire Agreement. The Contract Documents shall constitute the entire agreement between the parties and any prior understanding or representation of any kind shall not be binding upon either party except to the extent incorporated in the Contract Documents. 26. Notices. Any notice required or permitted under this Contract may be given by ordinary mail to the address of the parties as shown on page 1 of this Contract,or such other address as either party may from time to time specify in writing. Any notice given hereunder shall be deemed received by the other party 10 days after being addressed to such party and deposited in the US mad. 27. Ability to Perform Obligations. Contractor hereby represents and warrants to Customer that there is not now any claim, action, contract, rule or other circumstance which may interfere with Contractor's ability to perform its obligations under this Contract. DO NOT SIGN THIS CONTRACT IF THERE ARE ANY BLANK SPACES. CU ME • idfj-rn"%—d C t mer Signature Witness Print Name Date CONTRACTOR: R&H Roo By: Authorized Signature Witness Timothy Hopkins_ /,/oy Print Name Date CONSTRUCTION CONTROL WAIVER From: R&H Roofing, LLP 59 South Street Esathampton, MA 01027 To: Building Commissioner City of Northampton 212 Main Street Northampton, MA 01060 The Massachusetts Building Code, section 107.1 allows for an exclusion from requirements for construction control in certain situations. In accordance with code section 104.10, I request that you grant a modification to waive the requirement for construction control of the project at Brushworks, LLC 221 Pine Street, Florence, MA 01062 because the work is of a minor nature,will not affect structural elements, health, accessibility, life or fire safety, and will be done in accordance with the prescriptive requirements of the code. Thank you for your consideration. Respectfully, Timothy Hopkins, Partner