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25A-095 (3) incur in good faith in connections with this Agreement, as well as receiving payment for my attorney's and legal fees and all lost anticipated gross profits on the work not performed as of the date of the termination. NOTICE: Notice will be deemed if delivered in hand or if sent by certified mail, return receipt requested, to the address listed on the front page of this Agreement. WARRANTIES: I will grant you, as part of the Total Price, a Limited Warranty, a copy of which is attached to this Agreement. I will use materials that are currently acceptable for their intended use in performing work. You should be aware that it may be determined that some of these materials may cause health problems. If there are any materials that you do not want used in the work, list them on the attached Scope of Work form. EXHIBITS: The following Exhibits have been attached to this Agreement: Scope of Work Limited Warranty ARBITRATION: THE CONTRACT AND THE HOMEOWNER HEREBY MUTUALLY AGREE IN ADVANCE THAT IN THE EVENT THE CONTRACTOR HAS A DISUPUTE CONCERNING THIS CONTRACT, THE CONTRACT MAY SUBMIT SUCH DISPUTE TO A PRIVATE ARBITRATION SERVICE WHICH HAS BEEN APPROVIED BY THE SECRETARY OF THE EXECUTIVE OFFICE OF CONSUMER AFFAIRS AND BUSINESS REGULATIONS AND THE CONSUMER SHALL BE REQUIRED TO SUBMIT TO SUCH ARBITRATION AS PROVIDED IN MASS. GENERAL LAWS, C.142A. KEITER BUILDERS HOMEOWNER / 03 - -,a , 2_ QI0 By Cott Keiter, (DBA Keiter Builders) Date Date ��h U `� 3, di 0 Date NOTICE: THE SIGNATURES OF THE PARTIES ABOVE APPLY ONLY TO THE AGREEMENT OF THE PARTIES TO ALTERNATIVE DISPUTE SETTLEMENT INITIATED BY THE CONTRACTOR. THE OWNER MAY INITIATE ALTERNATIVE DISPUTE RESOLUTION EVEN WHERE THIS SECTION IS NOT SEPARATELY SIGNED BY THE PARTIES. THE RIGHT TO INITIATE ALTERNATIVE DISPUTE RESOLUTION SHALL END TWO YEARS AFTER THE DATE OF THIS AGREEMENT. 4 • CONSTRUCTION AGREEMENT I, Scott Keiter (DBA Keiter Builders), of Northampton, MA whose Federal Tax Identification Number is 26- 4579629, Contractor's Registration Number 163295 (Exp. 06 -01- 2011), and License #102457 (Exp. 06 -20- 2012), am entering into this Agreement with you Dan & Carolyn Kibe of 354 Bridge Street, Northampton, MA. ALL RESIDENTIAL CONTRACTORS AND SUBCONTRACTORS ARE REQUIRED TO BE REGISTERED WITH THE MASSACHUSETTS BOARD OF BUILDING REGULATIONS AND STANDARDS, UNLESS SPECIFICALLY EXEMPT FROM REGISTRATION. INQUIRIES CONCERNING REGISTRATION SHOULD BE DIRECTED TO: DIRECTOR, HOME IMPROVEMENT CONTRACTOR REGISTRATION, ONE ASHBURTON PLACE, ROOM 1301, BOSTON, MA 02018 (617) 727 -8598. SCOPE OF WORK: I will perform the work set forth in the attached Scope of Work on your home, or the property located at 354 Bridge Street, Northampton, MA. If you would like to change any work to be performed or materials used, we will have to make such changes through a Change Work Order, which may also change the total price and extend the date for completion. Change Orders will be handled on a time and material basis. I reserve the right to make minor changes in any plans and to substitute materials of equal or better quality. Should I encounter any unknown conditions below the surface of the ground, or concealed or unknown conditions in any existing structure, you will agree to make an equitable adjustment with me under a Change Work Order, which shall increase the total price and extend the date for substantial completion of the work. PERMITS: To perform this work, I, or subcontractors I hire, will obtain, on your behalf, the following permits (if required): x Building Permit Electrical Permit Smoke Certificate Plumbing Permit Demolition Permit Certificate of Occupancy IT IS MY OBLIGATION TO OBTAIN THESE PERMITS AS YOUR AGENT. IN THE EVENT THAT I DO NOT OBTAIN THESE PERMITS, AND YOU OBTAIN THEM, OR IF I AM NOT REGISTERED WITH THE BOARD OF BUILDING REGULATIONS, YOU WILL NOT BE ENTITLED TO OBTAIN ANY BENEFITS FROM THE GUARANTEE FUND ESTABLISHED UNDER MASSACHUSETTS GENERAL LAWS CHAPTER 142A. My obligation to obtain permits is limited to those permits directly related to performing the work I agree to do. To the extent that other permits or governmental or regulatory agency approvals, such as, but not limited to, zone changes, variances, special permits, site plan approvals, or approvals of conservation commissions, are required to be obtained before I can obtain my permits, it is your obligation to satisfy such requirements and you shall meet those requirements at your cost. STARTING AND ENDING DATES: I will apply for the permits within 3 day(s) of our signing this Agreement or your satisfying any conditions required to be met prior to the permits being used, whichever date is later. I will start work within 7 day(s) of HOME OWNER EXEMPTION ACKNOWLEDGEMENT The State of Massachusetts allows the homeowner the right under 780CMR 108.3.4 to act as his/her construction supervisor. The state defines "Homeowner" as, " Person(s) who owns a parcel on which he/she resides or intends to be, a one or two family dwelling, attached or detached structures accessory to such use and/or farm structures. A person who constructs more than one home in a two -year period shall not be considered a home owner." The building department for the City of Northampton wants person(s) who seek to use the home owner exemption, to act as their own construction supervisor, to be aware that by doing so you become responsible for compliance with state building codes and regulations. The inspection process requires that the building department be called to inspect work at various stages, which include foundation /footings (before backfill), sonotube holes (before pour), a rough building inspection (before work is concealed), insulation inspection (if required) and a final building inspection. The building department requires these inspections before the work is concealed, failure to secure these inspections can result in failure to obtain a certificate of occupancy until the work can be inspected. If the homeowner hires other trades to perform work (electrical, plumbing & gas) the homeowner will be responsible to make sure that the trades hired secure their proper permits in conjunction to the building permit issued, and that they get their required inspections. Failure of the individual trades to secure the permits and inspections as required can DELAY the project until such time as the proper permits and inspections are made I, understand the above. (Home owner /resident's signature requesting exemption) I will call to schedule all required building inspections necessary for the building permit issued to me. Date Address of work location The Commonwealth of Massachusetts -401■111■1 Department of Industrial Accidents ==.1 Ari ET Office of Investig,ations • 600 Washington Street •=7 Boston, MA 02111 lrF. , www.mass.gov/dia Workers' Compensation Insurance Affidavit Builders/Contractors/Electricians/Plumbers Applicant Information Please Print Legiblv Name (Business/Organizationandiviennt): Address: City/State/Zip: Phone.#: Are you an employer? Check the appropriate box: Type of pioject (required): / 1.0 I am a employer with 4. 0 I am a general contractor and I 6. 0 New construction have hired the sub-contractors A employees (fulland/or part-time).* 2 pill I am a sole proprietor orpartaer- listed on the attached sheet. 7. EZP.Aruodeling These sub-contractors have and have no employees 8. 0 Demolition working for me in any capacity. employees and have workers' _ . 9 u Building addition coup.i [No workers' comp. insurance _ nsurance.t requirecL] 5. 0 We are a corporation and its 10-0 -Electrical repairs or additions 3. 0 I am a homeowner doing all work officers havetxercisecl their 11.0 Plumbing repairs or additions myself [No workers' comp. right of exemption per MGL 12. insurance required.] t c. 152, §1(4), and we have no 0 Roof rep alp employees. [No workers' 13.Pther comp. insurance required.j *Any applicant -drat checks box #1 must also fill out the section beta* showing their worlcers' compensation policy information_ t Homeowners yvho submit this affidaVit incficating they are doing all work and then hire outside contractors must submit a new affidavit indicating such. Contractors that check this box must attached an additional sheet showing the name of the sub-contractors and state whether or not those entities have employe es. lithe sub-contractors have employees, they must pn:nride their workers comp policy number. lam an employer that is providing workers' compensation insurance for my employees. Below is the polig and job site information. Insurance Company Name: Policy # or Self-ins. Lic. # Expiration Date: • Job Site Address: City/StafriZip:* - - Attach a copy of the workers' compensation policy declaration page (showing the policy number and expiration date). Failure to secure coverage as re • d inider Section 25A 'of MGL c. 152 can lead to the ihipOsitibir of criminal; Penalties of a fine up to $1,500.00 and/or .. -year imprisonme4 as well as civil penalties in the form of a STOP WORK ORDER and a fine ofup to $250 00 a day a the violator. Be a.clviseci That a copy of this statement may be forwarded to the °Mice of Efestleitions of D ' f. ins. •ce co • e se cation. !do hereby certzft u th, of perjury that the information providettaboveisince_azzd_correct______ _ VS<_gnature: Aw .4 A Date: : j — . O2 / O.. . _ . . Phone #: ( Official use only. Do not write in this area, tO be completed by city or town official City or Town: Permit/License # Issuing Authority (circle one): 1. Board of Health 2. Building Department 3. City/Town Clerk 4. Electricalinspector 5. Plumbing Inspector • 6. Other p. • Contact Person: Phone #: V I A 8 - CONSTRUCTION SERVICES ' / 8.1 Licensed Construction Supe 'sor: Not Applicable ❑ V Name of License Holder : , �,�_ �= � -- / 0 Z �C7 c� ,E L_� T. 1�� _0�..rtitkait��N Any (Q e J z N umber o / z._ Addres � ) Expiratio Date 0"..._ Y (3- 32o�-703S Licens Si ture Telephone , , Rectistered-Name fniii r vtfertttantitacf ri .. „ r Wa . . a Not Applicable ❑ I/ 4 Imo Cr c�� S 1(4 Company Name Registration Number C'l \i/t1-10-1) 0(. -01. 10 ii Address . Expiration Date N ot f t N � M■ 1 Telephone 4r? -376 '9'O3% - SECTION 10- WORKERS' COMPENSATION INSURANCE AFFIDAVIT (M.G.L. c. 152, § 25C(6)) Workers Compensation Insurance affidavit 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. Signed Affidavit Attached Yes ❑ No ❑ The current exemption for "homeowners” was extended to include Owner - occupied Dwellings of one (1) or two(2) families and to allow such homeowner to engage an individual for hire who does not possess a license, provided that the owner acts as supervisor. CMR 780, Sixth Edition Section 108.3.5.1. Definition of Homeowner: Person (s) who own a parcel of land on which he /she resides or intends to reside, on which there is, or is intended to be, a one or two family dwelling, attached or detached structures accessory to such use and/ or farm structures. A person who constructs more than one home in a two -year period shall not be considered a homeowner. Such "homeowner" shall submit to the Building Official, on a form acceptable to the Building Official, that he /she shall be responsible for all such work performed under the buildine permit. As acting Construction Supervisor your presence on the job site will be required from time to time, during and upon completion of the work for which this permit is issued. Also be advised that with reference to Chapter 152 (Workers' Compensation) and Chapter 153 (Liability of Employers to Employees for injuries not resulting in Death) of the Massachusetts General Laws Annotated, you may be liable for person(s) you hire to perform work for you under this permit. The undersigned "homeowner" certifies and assumes responsibility for compliance with the State Building Code, City of Northampton Ordinances, State and Local Zoning Laws and State of Massachusetts General Laws Annotated. Homeowner Signature , SECTION 5- DESCRIPTION OF PROPOSED WORK (check all applicable) New House ❑ Addition ❑ Replacement Windows Alteration(s) [J Roofing Or Doors ❑ Accessory Bldg. ❑ Demolition ❑ New Signs [0] Decks [C] Siding [0] Other [0] Brief Description of Proposed Work: 1&V■ ic-Ascok -9 iN60 T 2) ti.r• Alteration of existing bedroom Yes No Adding new bedroom Yes No Attached Narrative Renovating unfinished basement Yes No Plans Attached Roll - Sheet a. Use of building : One Family Two Family Other b. Number of rooms in each family unit: Number of Bathrooms c. Is there a garage attached? d. Proposed Square footage of new construction. Dimensions e. Number of stories? f. Method of heating? Fireplaces or Woodstoves Number of each g. Energy Conservation Compliance. Masscheck Energy Compliance form attached? h. Type of construction i. Is construction within 100 ft. of wetlands? Yes No. Is construction within 100 yr. floodplain Yes No j. Depth of basement or cellar floor below finished grade k. Will building conform to the Building and Zoning regulations? Yes No . 1. Septic Tank City Sewer Private well City water Supply SECTION Ta OWNER AUTHORIZATION - TO BE COMPLETED WHEN OWNERS AGENT OR CONTRACTOR APPLIES FOR BUILDING PERMIT , as Owner of the subject property hereby authorize to act on my behalf, in all matters relative to work authorized by this building permit application. Signature of Owner Date , as Owner /Authorized Agent hereby dec , e t =t the statements and information on the foregoing application are true and accurate, to the best of my knowledge and belief. Signed unde p - ins and penalties • perjury. Print Name orator Signature IJEZUMIIIVAIMIF Date Section 4. ZONING All Information Must Be Completed. Permit Can Be Denied Due To Incomplete Information Existing Proposed Required by Zoning This column to be filled in by Building Department ' Lot Size �.. Frontage 1 1 Setbacks Front l I Side = i . ". R: L. L: ____J ? R: i Rear Building Height J Bldg. Square Footage 1 t % I Open Space Footage (Lot area minus bldg & paved I I I _i j I _ I parking) # of Parking Spaces Fill: (volume & Location) i s _ i s A. Has a Special Permit /Variance /Finding ever been issued for /on the site? NO Q DONT KNOW Q YES 0 IF YES, date issued:1 IF YES: Was the permit recorded at the Registry of Deeds? NO 0 DONT KNOW Q YES Q IF YES: enter Book ' Page! ' and /or Document # B. Does the site contain a brook, body of water or wetlands? NO Q DONT KNOW Q YES Q IF YES, has a permit been or need to be obtained from the Conservation Commission? Needs to be obtained Q Obtained Q , Date Issued: C. Do any signs exist on the property? YES Q NO Q IF YES, describe size, type and location: I. D. Are there any proposed changes to or additions of signs intended for the property ? YES Q NO Q F IF YES, describe size, type and location: E. Will the construction activity disturb (clearing, grading, excavation, or filling) over 1 acre or is it part of a common plan that will disturb over 1 acre? YES Q NO Q IF YES, then a Northampton Storm Water Management Permit from the DPW is required. , a k City of Northampton S . _ ® < = , -`� ,, s i Building Department �. _ _ . 4 i F 212 Main Street - �� - 9 fi • :fi ; Room 100 , ta: ; , 1 1 t „ �� Northampton, MA 01060 s r A. phone 413 -587 -1240 Fax 413- 587 -1272 = ,, ,, tot 441- APPLICATION TO CONSTRUCT, ALTER, REPAIR, RENOVATE OR DEMOLISH A ONE OR TWO FAMILY DWELLING SECTION 1 SITE INFORMATION 1.1 Property Address: This section to be completed by office S -7 ? U - .2t�6a. sT Map Lot unit horZ.rakN V\A,A Zone Overlay District Elm St. °District CB District SECTION 2 - PROPERTY OWNERSHIP /AUTHORIZED AGENT 2.1 Owner of Record: t tv 4— Q4o1..yJJ k' a E. S Name (Print) Current Mailing Address: Telephone Signature 2.2 Authorized Agent: Sco gttTe-(L gi Q \ TT'iet,D ST. . , klva:TiN f4ttrt> Name (Print) -, Current Mailing Address: "Aj L I/ - 3 L -9e1S Signatu - Telephone SECTI 9 3 -ESTIMATED CONSTRUCTION COSTS Item Estimated Cost (Dollars) to be Official Use Only completed by permit applicant 1. Building I ',coo (a) Building Permit Fee 2. Electrical (b) Estimated Total Cost of Construction from (6) 3. Plumbing Building Permit Fee 4. Mechanical (HVAC) �-- 5. Fire Protection 6. Total = (1 + 2 + 3 + 4 + 5) S 1,S t' Check Number Atyif / 4 This Section For Official Use Only Date Building Permit Number: Issued: Signature: Building Commissioner /Inspector of Buildings Date 354 BRIDGE ST BP- 2010 -0757 GIS #: COMMONWEALTH OF MASSACHUSETTS Map:Block: 25A - 095 CITY OF NORTHAMPTON Lot: -001 PERSONS CONTRACTING WITH UNREGISTERED CONTRACTORS Permit: Building DO NOT HAVE ACCESS TO THE GUARANTY FUND (MGL c.142A) Category: BUILDING PERMIT Permit # BP- 2010 -0757 Project # JS- 2010- 001131 Est. Cost: $1500.00 Fee: $35.00 PERMISSION IS HEREBY GRANTED TO: Const. Class: Contractor: License: Use Group: SCOTT KEITER 102457 Lot Size(sq. ft.): 14810.40 Owner: KIBE DANIEL E & CAROLYN Y Zoning: URB(100)/ Applicant: SCOTT KEITER AT: 354 BRIDGE ST Applicant Address: Phone: Insurance: 51B HATFIELD ST (413) 320 -9035 NORTHAMPTON MAO 1060 ISSUED ON :3/2/2010 0 :00 :00 TO PERFORM THE FOLLOWING WORK :REPLACE TRIM /FASCIA & WINDOW TRIM POST THIS CARD 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: Driveway Final: Final: Final: Rough Frame: Gas: Fire Department Fireplace /Chimney: Rough: Oil: Insulation: Final: Smoke: Final: OK 3 It 1 (U Co 1( THIS PERMIT MAY BE REVOKED BY THE CITY OF NORTHAMPTON UPON VIOL ON OF ANY OF ITS RULES AND REGULATIONS. Certificate of OccupancyC_ Sisnature: FeeType: Date aid: Amount: Building 3/2/2010 0:00:00 $35.00 212 Main Street, Phone (413) 587 -1240, Fax: (413) 587 -1272 Building Commissioner - Anthony Patillo