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24A-128 (2)
BP-2022-1095 45 PROSPECT AVE COMMONWEALTH OF MASSACHUSETTS Map:Block:Lot: 24A-128-001 CITY OF NORTHAMPTON Permit: Exterior Res PERSONS CONTRACTING WITH UNREGISTERED CONTRACTORS DO NOT HAVE ACCESS TO THE GUARANTY FUND (MGL c.142A) BUILDING PERMIT Permit# BP-2022-1095 PERMISSION IS HEREBY GRANTED TO: Project# ROOF Contractor: License: NEXTGEN CONSTRUCTION Est. Cost: 14093 SERVICES INC 098654 Const.Class: Exp.Date:08/19/2023 Use Group: Owner: HANNIGAN COX,JUSTIN B&ELIZABETH Lot Size (sq.ft.) Zoning: URA Applicant: NEXTGEN CONSTRUCTION SERVICES INC Applicant Address imam, Insurance: 1 ARCH RD (413)579-5798 VWC-100-6023118 WESTFIELD, MA 01085 ISSUED ON:09/02/2022 TO PERFORM THE FOLLOWING WORK: STRIP AND RE-SHINGLE 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: Final: Final: Final: Rough Frame: Gas: Fire Department Driveway Final: Fireplace/Chimney: Rough: Oil: Insulation: Smoke: Final: THIS PERMIT MAY BE REVOKED BY THE CITY OF NORTHAMPTON UPON VIOLATION OF ANY OF ITS RULES AND REGULATIONS. Signature: I 0 • i )2 - Tora Fees Paid: $40.00 212 Main Street, Phone(413) 587-1240,Fax:(413)587-1272 Office of the Building Commissioner c---- IL, The Commonwealth of Massachusetts - �; ' ) Board of Building Regulations and Standar • FO l Massachusetts State Building Code, 780 CM SEP US ITY 2 2�� US Building Permit Application To Construct,Repair,R�nova Or Demolish a Rev ed 2011 One-or Two-Family Dwellin _,PP;',ndF nu...,_ /2�f3 )- - This Sect' For Official Use Only' -R- TON.ti`„ NS Building Permit Number: l OdIS Date Applied: kM 0 (Zs //a q-2-z022 Building Official(Print Name) Signature Date SECTION 1:SITE INFORMATION 1.1 Property Address: 1.2 Assessors Map&Parcel Numbers 45 Prospect Ave g cliff- i 1.1 a Is this an accepted street?yes no Map Number Parcel Number 1.3 Zoning Information: 1.4 Property Dimensions: Zoning District Proposed Use Lot Area(sq ft) Frontage(ft) 1.5 Building Setbacks(ft) Front Yard Side Yards Rear Yard Required Provided Required Provided Required Provided 1.6 Water Supply:(M.G.L c.40,154) 1.7 Flood Zone Information: 1.8 Sewage Disposal System: Public 0 Private 0 Zone: _ Outside Flood Zone? Municipal 0 On site disposal system 1 Check if yes❑ SECTION 2: PROPERTY OWNERSHIP' 2.1 Owner'of Record: Justin Cox Florence,MAol062 Name(Print) City,State,ZIP 45 Prospect Ave 603-858-0954 . No.and Street Telephone Email Address SECTION 3:DESCRIPTION OF PROPOSED WORK2(check all that apply) New Construction 0 Existing Building 0 Owner-Occupied 0 Repairs(s) 0 Alteration(s) 0 Addition 0 Demolition 0 Accessory Bldg.0 Number of Units T Other 0 Specify: Brief Description of Proposed Work':Remove and replace Roo to code and manufacturers specifications. Please see estimate for details SECTION 4:ESTIMATED CONSTRUCTION COSTS Item Estimated Costs: Official Use Only (Labor and Materials) 1.Building $ 14,093.09 1. Building Permit Fee:$ Indicate how fee is determined: 2.Electrical $ ❑Standard City/Town Application Fee ❑Total Project Cost (Item 6)x multiplier x 3.Plumbing $ 2. Other Fees: $ 4.Mechanical (HVAC) $ List: 5.Mechanical (Fire $ Suppression) Total All F '146Check No� M/Check Amount: Cash Amount: 6.Total Project Cost: $ 14,093.09 ❑Paid in Full 0 Outstanding Balance Due: SECTION 5: CONSTRUCTION SERVICES 5.1 Construction Supervisor License(CSL) CS-o98654 08/19/2023 Rene Gauthier License Number Expiration Date Name of CSL Holder 1 Arch Road Suite 11 List CSL Type(see below) U No.and Street Type Description Westfield,MA O1o85 U Unrestricted(Buildings up to 35,000 cu. It.) R Restricted 1&2 Family Dwelling City/Town,State,ZIP M Masonry RC Roofing Covering WS Window and Siding SF Solid Fuel Burning Appliances 413-579-5798 info@nextgen413.net I Insulation Telephone Email address D Demolition 5.2 Registered Home Improvement Contractor(HIC) 196063 06/27/2023 NextGen Construction Service Inc. HIC Registration Number Expiration Date HIC Company Name or HIC Registrant Name 1 Arch Road Suite it info@nextgen413.net No.and Street Email address Westfield,MAoto85 413-579-5798 City/Town,State,ZIP Telephone SECTION 6: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 0 SECTION 7a:OWNER AUTHORIZATION TO BE COMPLETED WHEN OWNER'S AGENT OR CONTRACTOR APPLIES FOR BUILDING PERMIT I,as Owner of the subject property,hereby authorize Rene Gauthier to act on my behalf,in all matters relative to work authorized by this building permit application. Rene Gauthier 4-c 08/30/2022 Print Owner's Name(Electronic Signature) Date SECTION 7b:OWNER'OR AUTHORIZED AGENT DECLARATION By entering my name below,I hereby attest under the pains and penalties of perjury that all of the information contained in this application is true and accurate to the best of my knowledge and understanding. Rene Gauthier 08/30/2022 Print Owner's or Authorized Agent's Name(Ele onic Signature) Date NOTES: 1. An Owner who obtains a building permit to do his/her own work,or an owner who hires an unregistered contractor (not registered in the Home Improvement Contractor(HIC)Program),will not have access to the arbitration program or guaranty fund under M.G.L.c. 142A.Other important information on the HIC Program can be found at www.mass.gov/oca Information on the Construction Supervisor License can be found at www.mass.gov/dps 2. When substantial work is planned,provide the information below: Total floor area(sq.ft.) (including garage,finished basement/attics,decks or porch; Gross living area(sq.ft.) Habitable room count Number of fireplaces Number of bedrooms Number of bathrooms Number of half/baths Type of heating system Number of decks/porches Type of cooling system Enclosed Open 3. "Total Project Square Footage"may be substituted for"Total Project Cost" City of Northampton „H.M`` Massachusetts �44, ce /t IL ..i o t -' DEPARTMENT OF BUILDING INSPECTIONS ,, ,,, ��,."; r „ 212 Main Street • Municipal Building J,4. P 'Y: Northampton, MA 01060 ssyY... 1�a 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: Casella Waste 686 Main Street Holyoke,MA o1040 The debris will be transported by: Name of Hauler: NextGen Construction Service Inc. Signature of Applicant: Date: 08/30/2022 The Commonwealth of Massachusetts i,_: I Department of Industrial Accidents w= I Congress Street,Suite 100 • �;= 1:i_�, Boston.MA 02114-2017 ��•;,.,�,,,fi' www ntass.gov/dia Il eu kers"('otnlx nsation Insurance Affidavit:Builders/Contractors/Electricians/Plumbers. in BE:FILED WITH THE PER► FI TING Alrl'llOR111'. Applicant Information Please Print Legibly Name 1Bu ir►cssorganizahon,individualrNextGen Construction Service Inc. Address: 1 Arch Road Suite it City/State/Zip: Westfield,MA o1085 Phone#: 413-579-5798 Are you as employer'('hark the appropriate bus: 7-y pr of project(required): I.Q I ant a rlttplai).r tsittl 12 .-mploi. v+[lull and on pant ttin.l• 7. O New construction 20 I ant sole paorttcpn of partncisbip and hat.no employers workur tot nor.m 8. 0 Reinofeling. any cap>ri.tty.I''vttaken.:Comp.[moronic required) 9. []Demolition 30 t am a homeowner Joint;ail work itlyielt.INti*tat:tr.`comp.tusumu:r tc-ymnsl.l` I 10 0 Building addition .1.0 I am a!mamma net and wilt be hiring cieottadors to eoaduct all wink on my property. I w ill mum:that all 43.1103C14313 tit o blow*tarn."coin s nai own aratuance is air sale 11.❑ Electrical repairs or additions ttu%with no. i ac's.. Frc "ric y 12.0 Plumbing repairs or additions 50 I am a general contractor and I base hired the sub-cxmtraclon hstCJ on the attached.lire[_ 132 Roof repairs These stdtcontracGm base 11t1F loyecs and hose%others'corm.insurance &El We are a commotion and its officers base matt—mat illicit right of csemptton psi Mt ii_e. 1 ❑Odle: It?,§i44).and we have no rm kiyt'..ISO worker;croup_insurance iryum:il •Any applicant that checks box al mutt also Yell out the section below slow trig then is oikcr comp:matron policy information. *Iktrnuiwacoi who submit this aftalat it indicating they ate thine all[sunk and thin-nits twisitk ctattt:ict+pis must submisa sew affidavit ia8intiu:such :('unit al kits that check this boa MUM attached an adiri lnasl slti+rt.howope r the MUM:09 ilk-sit t.,4:4'tu hate,anti Axe,: ale whaler ee not IhtM!nrttititts li:.tt c tmnplt`i iis. I di Aube-ctaltiarttal has employ tts.ihry mina mottle their NtiiLus comp pirtn.y nunibe. I ant an employer that is prrn idink workers°compensation insurance Jor my employees. Below Is the policy and job site information. Insurance Company Name: Webber and Grinnell Policy#or Self ins.Lic.#:WC9o98917 Expiration Date:07/14/2023 Job Site Address: 45 Prospect Ave City/Stattdzip:Florence,MAo1o62 Attach a copy of the workers'compensation policy declaration pale(showing the paltry number and date). Failure to secure coverage as required under MGL c. 152,§25A is a criminal violation punishable by a fine up to 1,500.00 and/or one-year imprisonment.as well as civil penalties in the form of a STOP WORK ORDER and a fine of up t S250.00 a day against the violator.A copy of this statement may be forwarded to the Office of Investigations of the DIA for insurance coverage verification. I do hereby certify under the pains,hail penalties of perjury that the information provided above is true and correct. Signature: .g,� paw. 08/30/2022 Phone#: 413-579-5793 Official use only. Do not write in this area.to be completed by city or town official l ('its or Town: Permit/License 4 Issuing Authority(circle one): I.Board of Ilralth 2.Building Department 3.('itr.lTown Clerk 4.Electrical Inspector 5.Plumbing Inspector 6.Other 1 Contact Person:_ _ Phone#: __._._—.-.----_____-_-_____ A��© DATE(MM/DD/YYYY) �— CERTIFICATE OF LIABILITY INSURANCE 07/15/2022 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(ies)must have ADDITIONAL INSURED provisions or 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 Stephanie Herring NAME: Webber&Grinnell PHONE ezt): (413)586-0111 FAX No): (413)586-6481 (A/C,8 North King Street E-MAIL sherring©webberandgrinnell.corn INSURER(S)AFFORDING COVERAGE NAIC# Northampton MA 01060 INSURERA: Selective INSURED INSURER B: Selective Ins Co of S Carolina 19259 NextGen Construction Service,Inc INSURER C: 82 Pequot Rd INSURER D: INSURER E: Southampton MA 01073 INSURER F: COVERAGES CERTIFICATE NUMBER: Exp 07/2023 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PRIOD 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 TYPE OF INSURANCE ADDL SUBR POLICY NUMBER POLICY EFF POLICY EXP LIMITS LTR INSD WVD (MMIDD/YYYY) (MM/DD/YYYY) X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 DAA TO RENIED CLAIMS-MADE X OCCUR PREMISES(Ea occurrence) S 500,000 MED EXP(Any one person) $ 15,000 A S2516200 07/14/2022 07/14/2023 PERSONAL&ADVINJURY • $ 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2A00,000 X POLICY PRO n LOC PRODUCTS-COMP/OPAGG $ 2,000,000 JECT OTHER: Employee Benefits $ 1,000,000 AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ 1,000,000 (Ea accident) ANY AUTO BODILY INJURY(Per person) $ B ^ OWNED X SCHEDULED A9109391 07/14/2022 07/14/2023 BODILY INJURY(Per accident) $ AUTOS ONLY AUTOS HIRED NON-OWNED PROPERTY DAMAGE $ X AUTOS ONLY X AUTOS ONLY (Per accident) PIP-Basic $ 8,000 X UMBRELLA LIAB OCCUR EACH OCCURRENCE $ 1,000,000 A EXCESS LIAB C AIMS-MADE S2516200 07/14/2022 07/14/2023 AGGREGATE $ 1,000,000 DED X RETENTION$ 0 $ WORKERS COMPENSATION PER OTH-, AND EMPLOYERS'LIABILITY STATUTE ER Y/N 1 000,000 A FY PROPRIETOR/PARTNER/EXECUTIVE' Y N/A WC9098917 07/14/2022 07/14/2023 E.L.EACH ACCIDENT $ , OFFICER/MEMBEREXCLUDED 1,000,000 (Mandatory in NH)) E.L.DISEASE-EA EMPLOYEE $ If yes,describe under 1 000,000 DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ , DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) Rene Gauthier is Excluded from Workers'Compensation coverage. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF,NOTICE WILL BE DELIVERED IN "Proof of Coverage"" ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD Commonwealth of Massachusetts Dtvtsion of ProfeessSor.at L.censure Board of Suiiding Regulations anti Standards Corvtsor CS-093654 Irtiyires:t18t1912023 RENE E GAUTHIER. 7 • S2 PEQUOT RD SOUTHAMPT* MA ,f),S1 j.0)1 C Ommissioner (lie it i t. UG+0..4,,. • Uv Construction Supervisor Unrestricted -Buildings of any use group which contain Tess than 36,000 cubic feet (991 cubic meters) of enclosed space. • Failure to possess a current edition of the Massachusetts State Building Code is cause for revocation of this license. For information about this license Call(617)727-3200 or visit wwwmass.gowdpl THE COMMONWEALTH OF MASSACHUSETTS Office of Consumer Affairs and Business Regulation 1000 Washington Street - Suite 710 Boston, Massachusetts 02118 Home Improvement Contractor Registration Type Corporation ..+ -"Re RRegistration 196063 NEXTGEN CONSTRUCTION SERVICE INC. `'; Expiration 06/27/2023 1 ARCH ROAD a SUITE 11 WESTFIELD, MA 01085 Update Address and Return Card. THE COMMONWEALTH OF MASSACHUSETTS Office of Consumer Affairs&Business Regulation Registration valid for individual use only before the HOME IMPROVEMENT CONTRACTOR expiration date. It found return to: TYPE:Corporation Office of Consumer Affairs and Business Regulation Regititc tlon P,AQltatf4n 1000 Washington Street -Suite 710 196063 06/27/2023 Boston,MA 02118 NEXTGEN CONSTRUCTION SERVICE INC. RENE E.GAUTHIER 82 PEQUOT ROAD ;: ..erf SOUTHAMPTON,MA 01073 Undersecretary Not valid without signature C(4,bit g ESTIMA E NextGen Construction Service Inc /NextGen Roofing Matt Talbot 1 Arch Rd, matt@nextgen413.net . Suite 11 l \t-,X G F.\\ Westfield, MA 01085 � (413)579-5798 ` RO() '111(./' www.nextgen413.ne1 CS#098654 MA HIC#196063 CT HIC#0663014 Justin Cox Estimate# E-4450 Job#J-3908- Cox-Roof replacement 45 Prospect Ave Date 8/16/2022 Northampton, MA 01060 Item Descripti m Qty Amount Shingle roof removal Removal of single layer of roofing material. underlayment, 1 7.00 $1.181 50 and edge metal (price per square) it; a iS' d + w it+ h ..- 4!,011WeatherWatch®Leak Barrier--X GAF WeatherWatch®Ice 8 Water Leak Barrier-Mineral 7.00 $817.46 Surfaced-2 SQ. Roll is installed 6'up from all the eves. in the valleys around all roof penetrations,and where ever a wall meets the roof GAF Tiger Paw Quantity per 10 sq roll 1.00 $246.70 019 x 10'F8 Premium Painte-X TRI-BUILT 019"x 10'F8 Premium Painted Aluminum 35.00 $1.002.05 Drip Edge White will be installed on the entire perimeter of the roof Generic 1-1/4 Coil Roofing N-X 2.00 $203 58 Pro-Start®Eave/Rake Starter-X GAF Pro-Start®Eave/Rake Starter Strip Shingles(105 4.00 $365.04 lineal feet) Document ID. B69954DA-8497-47C8-9974-1D8262D1D5B5 /16 71 Page 1 of item Description Qty Amount GAF Timberline®HDZ""Shingles Color,Charcoal GAF is the largest and best shingle 52.00 $2,578.16 manufacturer in North America.Timberline®HDZ Shingles offer just the right combination of beauty performance.and reliability-and are the best value in roofing today. America's#1-Selling Shingle just got better! Dimensional Look. Features GAF proprietary color blends and enhanced shadow effect for a genuine wood-shake look. High Performance' Designed with Advanced Protection® Shingle Technology. 25 year StainGuard®Algae Protection- Helps ensure the beauty of your roof against unsightly blue-green algae.2 Highest Roofing Fire Rating UL;lass A,Listed to ANSI/UL 790. WindProven" Warranty.When installed by a Master Elite company. LayerLock"Technology:Proprietary technology mechanically fuses the common bond between overlapping shingle layers. Up to 99.9%nailing accuracy. The StrikeZone" nailing area is so easy to hit that a roofer placed 999 out of 1,000 nails correctly in our test. Stays in Place Our legendary Dura Grip" sealant pairs with the smooth microgranule surface of the Strike-Zone TV nailing area for fast tack. Then,an asphalt-to-asphalt monolithic bond cures for durability.strength,and exceptional wind uplift performance. 11.5 x 4'Cobra®Snow Countr-X GAF 11.5"x 4'Cobra®Snow Country Roof Ridge 15.00 $298 35 Exhaust Vent Seal-A-Ridge®Ridge Cap Shing-X GAF Seal-A-Ridge®Ridge Cap Shingles(coverage 20') 4.00 $355.28 Chimney flashing Grind out the old flashing and re-flash the chimney 1.50 $1 012.73 properly with new lead counter flashing.(price for chimney up to 36"x 36" EverBoot Pipe jack 50 yr+pipe boot installed 2.00 $296.54 Broan Roof Vent Kit 4"exhaust vent hood, This is usually for bathroom 1 00 $57.54 ventilation Steep pitch 7-10/12 pitch 7-10/12 additional charge per square 7.00 $104 72 2 stories 2 to 3 stories additional charge per square 10.00 $164 40 GAf system install Installation of shingles,underlayment and edge metal 17.00 $4.235.04 (price per square) Roofing disposal Charge for hauling construction debris to the recycling 2.00 $548.00 facility.This charge is per 10 square of roofing with a minimum charge of$548 System Plus Warranty As GAF Master Elite installers we can offer the factory 1.00 $70.00 backed GAF System Plus warranty. This warranty covers the material for 50 years and our labor warranty for 10 years. Gutters w/hanger reset drop and reset gutters do to under shingle hangers.-We 153 00 $306 00 will remove the existing gutters to the best of our ability without damaging them and reset them,Any mitered corners would have to be replace @$25 ea.Aged gutters may sustain irreversible damage rendering them useless. Reinstall$2 per Ft Awnings Remove and dispose of the awning on the house in back. 1.00 $250.00 $250 (.octtmernt i ) B699540A-8497-47C8-9914-1 D8262D1 D5B5 /it 6 2/1c Sub Total $14.093.09 Total $14,093.09 ADDITIONAL NOTES Thank you for the opportunity to to install our premium roofing system on your home. We look forward to working with you+ 'THIS IS A ESTIMATE BASED ON A VISUAL INSPECTION AND DOES NOT REFLECT THE ACTUAL PRICE OF THE FINAL PROJECT. IF ANY ADDITIONAL WORK IS NECESSARY DUE TO WOOD DECAY.ADDITIONAL LAYERS OF SHINGLES,OR WORK 1$NEEDED TO BRING CONSTRUCTION UP TO CODE.THE HOMEOWNER WILL BE NOTIFIED OF A CHANGE ORDER.CHANGE ORDERS ARE TO BE APPROVED BY the HOMEOWNER PRIOR TO JOB CONTINUING.* (First 2 sheets of plywood are included in the standard full roof replacement.After the first 2 sheets there will be a$100 per 4'x8'charge for repair or redeck) `Estimate is good for 30 days" Document ID:869954DA-8497-47DB-9974-108262D1D585 TO( Or Pa;1e of '3 • JUSTIN BRIAN COX ee-1/12, 10 0 4 ELIZABETH BRIDGET HANNIGAN 415 PROSPECT AVE t�f���� NORTHAMPTON, MA 01060 Date _ 2(�-V Pay to the Witw, C.M, 'evel;;r1 gN S.e- $ I4C92 as Order of _. Fur 74.urmol S:k HL•d,r.G- 4'41y—ra,,,, wd 4,/r� ,,e�: c .. �-Roactive (hark Charles Schwab Bank. SSB High Yield Investor Checking sc tl.` >> +;i\w Westlake, TX Far ietort Prvireed- se.de LOOK iOR PRALDOITLKMMO KtATURIES NCtUOhNO THE SECURRY SQUARE ARO ME AT•iEACT'-YE INK WAILS ON SACK HOME IMPROVEMENT CONTRACT Construction Contract dated day of 8/25/2022, by and between Justin Cox PROPERTY OWNER, having a mailing address at 45 Prospect Ave Northampton MA 01060, (hereinafter collectively referred to as "Owner") and NEXTGEN Construction Services Inc. (hereinafter referred to as"Contractor"), a Massachusetts corporation with a usual place of business at 1 Arch Road Suite 11, Westfield, Massachusetts 01085 Phone 413-579-5798, email: irtfoia nextuena 1_3 net. ADDRESS WHERE WORK IS TO BE PERFORMED:45 Prospect Ave Northampton, MA 01060 (hereinafter"Premises"). Property Owner Phone:(603)858-0954 Owner hereby warrants that the person or persons signing this contract are authorized to sign this contract and that such Owners own the above described Premises. Building A COMPLIANCE This Construction Contract is in compliance with the Seventh Edition of the Massachusetts State Building C de 780 CMR 110.R6.5 as adopted by the Massachusetts State Board of Building Regulations and Standards. a. Contractor shall comply with all building code and sanitary laws and federal, state, county, and municipal laws, rules, ordinances, and regulations, including the provisions of Massachusetts General Laws (M.G.L.)Chapter 142A, (Regulation of Home Improvement Contractors) and Massachusetts Residential ( ode 780 CMR 110.R6 (Regulation and Enforcement of Home Improvement Contractor Program), with the exception of requirements of inspectors and/or officials that exceed documented requirements. Any such requirements that create additional cost shall be considered a change order and billed separately from the provisions of this contract. b. ALL HOME IMPROVEMENT CONTRACTORS AND SUBCONTRACTORS SHALL BE REGISTERED BY THE DIRECTOR. ANY INQUIRIES ABOUT A CONTRACTOR OR SUBCONTRACTOR RELATING TO A REGISTRATION SHOULD BE DIRECTED TO DIRECTOR HOME IMPROVEMENT CONTRACTOR REGISTRATION ONE ASHBURTON PLACE, ROOM 1301 BOSTON, MA 02108 (617)727-8598 c. Licenses and Registrations: 1)Massachusetts Construction Supervisor License: CSL-098654 2)OSHA 002368979 3)Massachusetts Home Improvement Contractors License No. 196063 4)Corporate Tax Identification No. 82-2537203 d. IN ACCORDANCE WITH THE SEVENTH EDITION OF THE MASSACHUSETTS STATE BUILDING CODE 780 CMR, IT SHALL BE THE OBLIGATION OF THE CONTRACTOR TO OBTAIN ALL NECESSARY CONSTRUCTION- RELATED PERMITS AS THE OWNER'S AGENT. e. Required construction-related permits to be obtained by the Contractor are checked below: _X_building permit _ roofing permit plumbing permit Highway Department driveway permit sewer entrance permit electrical permit water entrance permit Board of'-iealth permit demolition permit certificate of occupancy Any permits not checked are not the responsibility of the Contractor, and Owner shall obtain at its cost and expense such permits such as variances, special permits and Conservation Commission Orders of Condition. Any delays in obtaining any permits required to be obtained by Owner will delay the performance commencement date and completion date by the additional time it takes Owner to obtain such permits and for the expiration of all appeal periods related to such permits. If Owner is unable to obtain such permits all obligations of the parties hereunder shall cease and this contract Will become null and void. It is understood that Contractor is not a licensed lead paint removal contractor or a licensed lead safe contractor and that the Owner at its option can have the Premises remodeled hereunder tested by a licensed lead paint inspector for the presence of lead paint at their expense or have the Contractor hire a licensed lead paint inspector to conduct such lead paint inspection and the costs for such licensed inspector inspection will be billed at cost to Owner in the event that Contractor hires a licensed lead paint inspector. In the event that lead paint is found in any of the areas where remodeling or Contractor's work is to take place under this contract, the Owner, at its option, may hire a licensed deleading removal contractor or lead safe contractor to remove the lead paint at their expense or have the Contractor hire a licensed deleading removal contractor to do said deleading and the cost of such licensed deleading contractor's deleading will be paid by Owner upon receipt of invoice from Contractor for such work and such extra licensed deleading Contractor's work shall be signed by Owner and Contractor as a change order prior to such work being done. Contractor will adjust the price of this contract by removing the cost of any work done by a licensed deleading contractor hired by Owner and present the Owner with a written change order reflecting the reduction in price due to Contractor not having to do such work which Owner and Contractor agree to sign as a change order. f. OWNERS WHO SECURE THEIR OWN CONSTRUCTION-RELATED PERMITS OR DEAL WITH UNREGISTERED CONTRACTORS WILL BE EXCLUDED FROM THE GUARANTY FUND PROVISIONS OF M.G.L. CHAPTER 142A. 11. SCOPE OF WORK: ESTIMATE#-4450 (GAF-Charcoal) Contractor shall furnish all of the materials and perform all of the w)rk necessary for the specified project; the furnishing of said materials and the performing of said work (hereinafter collectively referred to as the "Contractor's Work") set forth in Exhibit A entitled Plans and Specifications. Said Contractor's Work to be performed in accordance with installation plans prepared for Owner by Contractor, and in any written change orders (signed by both Owner and Contractor) after execution of this Construction Contract; Specifications; and Standards; (the Plans, Specifications, Standards, and Change Orders hereinafter collectively referred to as the"Plans and Specifications"). In the event. there is a question as to the interpretation of the Plans and Specifications, the party who prepared the Plans or Specifications shall make the interpretati n, as long as such interpretation does not materially change the size, scope or cost of the project. In the event, the party ho prepared the Plans or Specifications cannot or will not interpret the Plans or Specifications, and Contractor and Owne cannot agree on how to resolve the question of interpretation, then one or both of the parties may elect to proceed in a cordance with Article XIII of this contract. The Contractor and Owner agree that the following additional documents are attached hereto and incorporated by reference into this Agreement. Exhibit A Plans and Specifications/Estimate Exhibit B Change Order Exhibit C Warranty(to be given upon acceptance agreement) Exhibit D Notice of Cancellation Exhibit E Insurance Certificate Exhibit F Project Completion and Acceptance Agreement III. MATERIALS AND WORKMANSHIP The contractor agrees to perform the Contractor's Work in a good, workmanlike manner. All equipment, materials, and articles incorporated into the Residence and covered by this Construction Contract are to be new and of the grade as called for in the Plans and Specifications. Contractor reserves the right `o substitute equivalent or better products or materials specified products and materials are no longer available or cannot be acquired by the Contractor in a timely manner so as to allow time to complete Contractor's Work on schedule. This does not, however, dismiss the Contractor's responsibility to account for lead times typical to the industry. The contractor shall, if requested by the Owner, furnish such evidence as to the kind and quality of substitute materials. Other than as set forth in this Agreement, there are no understandings or agreements between the Contractor and the Owner. No other statement, representation or promise has been made to induce either party to enter into this Agreement. This Agreement and documents referred to herein may not be modified or amended except by written agreement of both the Contractor and the Owner. However, cancellation by the Owner is allowed in accordance with the Notice of Cancellation. IV. TIME OF COMPLETION Performance of Contractor's Work shall commence on the later to occur of September, 2022 or within thirty (30)days after all permits required by Owner have been obtained; and shall be substantially completed no later than 2 days after commencement, (hereinafter the "Completion Date"). If Contractor is delayed in completing Contractor's Work by reason of strikes, work stoppages, inability to procure materials, weather delays, restrictive governmental acts Or regulations, pandemic, riots, war, flood or any other reasons beyond Contractor's reasonable control, Contractor may extend the Completion Date for such time as is reasonably required to enable Contractor to complete Contractor's Work. V. Contract Price. Owner shall pay Contractor for the performance of Contractor's Work, subject to additions and deductions hereinafter provided or subsequently agreed to in writing, the sum of $14,093.09 ADDITIONAL ROOF DECKING $100 PER SHEET INSTALLED (hereinafter the "Contract Price"). Deposit of 1/3 ($4697.00) total contract price due at signing. ***Any custom products ordered in advance of a future projected project (windows, doors, skylights or premium roofing materials-metal or composite)are non refundable and final. 7#t P/26 The above price includes all costs for material, permits, rentals, utility costs, plans, payments to subcontractors and suppliers, transportation charges billed by suppliers and taxes. VI. TERMS a. Progressive Payments: Owner shall make payments on account of this Construction Contract in accordance with the Progressive Payment Schedule. Each of said progress payments shall be due and payable within fourteen (14) working days of Contractor's delivery to Owner of Contractor's requisition documentation, which documentation shall include, if and when appropriate, the approval of Contractor 's Work to which the inspector, Owner, and such documentation as Owner's Bank may reasonably request. Ongoing work shall not proceed if invoices remain unpaid beyond fourteen (14) business days and any delay caused by Owner's failure to pay timely will be added to the contractor's time to complete the contract. The value of any particular portion of Contractor's Work for which Contractor has submitted requisition documentation shall be determined by reference to the Progressive Payment Schedule. ANY DEPOSIT REQUIRED UNDER THIS AGREEMENT TO BE PAID IN ADVANCE OF THE COMMENCEMENT OF WORK SHALL NOT EXCEED THE GREATER OF ONE-THIRD OF THE TOTAL CONTRACT PRICE OR THE ACTUAL COST OF ANY MATERIAL OR EQUIPMENT WHICH HAS TO BE SPECIAL ORDERED OR CUSTOM MADE, WHICH MUST BE ORDERED IN ADVANCE OF THE COMMENCEMENT OF THE WORK, IN ORDER TO ASSURE THE PROJECT PROCEED ON SCHEDULE. NO FINAL PAYMENT MAY BE DEMANDED UNTIL THE AGREEMENT IS COMPLETED TO THE SATISFACTION OF BOTH THE OWNER AND THE CONTRACTOR. b. Final Payments: Final payments shall be due as defined in the Progressive Payment Schedule. Said schedule defines payment at the time of substantial completion and makes provision for reasonable holdback in the event that there are details that cannot be immediately completed. Substantial completion shall be defined as suitable for the Owner to use for its intended purpose. Corresponding payment shall be due when invoiced, subject to terms contained h rein. Payment corresponding to delayed detail completion shall be amount stipulated in Payment Schedule, and shall be due upon completion of a list of outstanding details as agreed between Contractor and Owner in Project Completion and Acceptance Agreement, incorporated herein by reference. Contractor shall give written notice as necessary to the Owner and/or Bank that Contractor's Work is completed and, if required, shall supply lien releases or receipts evidencing payment in full be filed relative to Contractor's Work. Owner and/or Bank shall have the right to make a final inspection of Contractor's work within seven days after receipt of notice of completion and upon acceptance thereof by Owner and Bank, payment shall be made of the remaining balance due. Such acceptance shall not be unreasonably withheld and in the event Owner and/or Bank refuses to accept, Owner and/or Bank, as the case may be, shall within said seven day period notify Contractor in writing of such refusal and shall specify the reasons therefore. Contractor shall within the next ten days take appropriate steps to remedy any deficiencies set forth as reasons for refusal and upon completion thereof to the satisfaction of the Owner and/or Bank shall be entitled to prompt payment of any remaining balance due. c. Finance Charges: A 1.5% per month carrying charge shall be applied to outstanding balances over 30 days. VII. MODIFICATIONS There shall be no modification, amendment, or change of an order made relative to this Construction Contract, Contractor's Work, or the Plans and Specifications without the express mutual modification signed by Owner and Contractor. a. Required Change Orders: The Specifications represent the Contractor's best effort to be complete in detailing the scope of work to be performed. However, this contract is based solely on observable conditions of the structure in its status at the time of Contract preparation. If additional concealed, unknown conditions are discovered in the course of construction, the Contractor shall point out these conditions to the Owner so Owner and Contractor can execute a Change Order for any additional work. Such orders shall specify additional fees, materials, labor, and services, and become part of this contract. Additional costs, if any, shall be paid for by Owner in advance of execution of work specified in said Change Order. Failure of Contractor to request such payments in advance shall not be deemed a waiver of payments due. Any delays in the Contractor's Work caused by required change orders shall not be deemed the responsibility of the Contractor, and shall automatically extend the time of completion.Additional time required shall be stipulated within the Change Order. b. Additional Work Authorizations: In the event that required work cannot be priced in advance of completion of such work, (i.e. discovery of rot needing repair), an Additional Work Authorization shall be executed. Such orders shall describe work to be completed, and shall specify the method of calculating additional fees, materials, labor and services to be charged upon completion, and become part of this contract. PaymF nt shall be due upon the presentation of the Contractor invoice.Any delays in the Contractor's Work caused by required change orders shall not be deemed the responsibility of the Contractor, and shall automatically extend the time of completion. Additional time required shall be estimated and stated within the Additional Work Authorization. c. Requested Change Orders: If after the execution of this agreement, Owner requests changes to thr same, Owner shall sign a Request for Change Order Pricing describing the nature of work and authorizing Contracto 1 to price such change, and shall pay a non-refundable Change Order processing fee of$100 to initiate the request. The processing fee for any Requested Change Order that requires more than two hours to process shall be invoiced at $50 per hour in excess of two hours. An invoice for additional processing fees, if any, shall be presented with the written Change Order and shall be payable whether or not Change Order is approved. Owner and Contractor shall execute all such requests as written Change ssc p - Orders. Such orders shall specify additional fees, materials, labor, and services, and become part of this contract. Additional costs, if any, shall be paid for by Owner in advance of execution of work specified in said Change Order. Failure of Contractor to request such payments in advance shall not be deemed a waiver of payments due. Any delays in the Contractor's Work caused by change order requests shall not be deemed the responsibility of the Contractor, and shall automatically extend the time of completion. Additional time required shall be stipulated within the Change Order. d. Allowances: Allowances indicated in Specifications represent the Contractor's best effort to fully anticipate and calculate costs to be encountered. However, the number of variables inherent in the categories covered by allowances makes it impossible to give solid assurances regarding the final outcome of allowance cost. Therefore, Owners expressly indicate their understanding of the changeable nature of allowances, and hereby expressly accept monetary responsibility for all overruns. 1) Contractor Cost for allowances shall be defined as all costs associated with the performance of work on relevant categories; more specifically as follows: •All materials, supplies, and one-time-use tools and materials. •All subcontracted services. •All rental costs of temporary facilities, machinery, tools, and equipment. • All use of Contractor-owned heavy equipment and associated implements. 3/4 Contractor-owned or rented heavy equipment cost shall be defined as $40.00 per running hour, with a minimum charge of 4 hours per use. • As it applies to all direct labor, which shall be all services performed by any Contractor's field personnel, c st defined as follows: 3/4 $75.00 per hour per Project Supervisor or Master Builder. 3/4 $60.00 per hour per Journeyman Bui der. 3/4 $50.00 per hour per Apprentice Builder. •The contractor shall be solely responsible for the assignment of tasks to pe sonnel. Labor rate shall be based on personnel assigned, regardless of the type of task. 2) Upon completion of the work on allowance categories, their costs shall be summarized and the result added to or subtracted from the contract's allowance amount.Any difference shall be invoiced separately as follows. 1 • All materials, subcontracted services, and rentals shall be invoiced at the Contractor's cost plus 32%. • All Contractor's direct labor and use of heavy equipment shall be invoiced at rates given. 3) Payment for extras shall be due upon receipt of invoice. VIII. ADDITIONAL CONTRACTOR RESPONSIBILITIES a. Project Management and Facilitation: 1) The contractor shall continuously employ a sufficient number of competent employees and subcontractors so as to ensure completion of the Contractor's Work by the stated completion date or any extension thereof. Contractor, in subcontracting any portion of Contractor's Work, shall not be relieved from responsibility for the work performed or materials supplied by any subcontractor and shall be bound by the terms of this Construction Contract notwithstanding any subcontract. The contractor shall properly direct and control any subcontractors, being responsible for the coordination of the Contractor's Work and any subcontractor's work. 2)The contractor represents that it owns or has available the proper tools and equipment to perform the Contractor's Work. 3) Contractor shall be solely responsible for and have control over construction means, methods, techniques, sequences. and procedures and for coordinating all portions of Contractor's Work; including but not limited to: timely ordering of products and materials and coordination of their deliveries; coordination of trade specific and provisional services; coordination of and participation in required inspections: and troubleshooting of unforeseen circumstances or circumstances beyond Contractor's control. 4) The contractor shall provide Owner, Owner's Bank, and their agents with access to the work site at all reasonable times for purposes of conducting inspections and monitoring the progress of Contractor's Work. b. Provisional Services and Materials: Unless otherwise directed by the Plans and Specifications, Contractor shall provide the following: 1) Construction equipment transportation and materials delivery; 2) Consumable construction supplies, fuels, and electricity to operate Contractor's tools, and one-time-use materials as needed to properly perform Contractor's work; 3) Portable toilet service for workers use; 4)Services to accommodate the removal of construction debris. • Jbc8f • . c. Protection and Safety: Unless otherwise dictated by the Plans and Specifications, Contractor shall, where applicable, 1)Provide supervisory oversight to assure safe work practices and worksite conditions; 2) Erect temporary steps, railings, platforms, and other structures and signage as needed to promote safety during work progress: 3) Ensure appropriate handling of and maintain orderly storage of on-site construction equipment and materials to promote efficiency and safety during work progress; 4) Provide tarps and coverings as needed to protect structures and materials from outdoor weather conditions: 5)Appropriately protect existing finished floors around work areas and over passageways to work areas and cover existing immovable fixtures; 6) Erect temporary barriers as best as possible to separate and seal work areas from areas of Owner occupancy; 7)Keep driving and parking areas clear of construction fasteners that might puncture equipment and vehicle tires. d. Cleaning: Unless otherwise dictated by the Plans and Specifications. Contractor shall 1)Leave the worksite picked up, organized, and secure everyday work is performed; 2) Leave the worksite swept, raked, organized, and secure for each weekend; 3) Remove all rubbish and waste material and leave Premises clean and ready for use upon completion of the Contractor's work. e. Assignment of Contract: The contractor shall not assign this Construction Contract or part thereof without the written consent of the Owner. f. Materials Become Property of Owners: When the Contractor shall have received payment of any requisition and such materials have been installed at the Premises; all materials referenced therein shall become the property of the Owner and shall not be removed from the Premises. g. Care of Premises: From the time of the commencement of the Contractor's Work, until the Contractor's work is completed and accepted by the Owner, the Contractor shall have the care of the Premises subject to the rights of the Owner. IX. ADDITIONAL OWNER RESPONSIBILITIES Unless otherwise dictated by the Plans and Specifications, Owner shall be responsible for the following: a. Providing utility service as needed and as practical for Contractor's use in the performance of Contractor's work; b. Relocation of any small plants requiring delicate handwork as needed prior to commencement of Contractor's work; c. Maintenance of decorative landscape plants temporarily moved and stored to allow performance of Contractor's work; d. Moving and storage of personal property as needed to allow unobstructed work areas prior to commencement of Contractor's work in a particular area; d. Owner assumes responsibility for replacement of lost or damaged items that are not removed from affected areas and/or areas that Contractor must access in order to perform construction services. e. Providing unimpeded access to the work site, including cler.ring of snow from driveways, at all reasonable times for purposes of enabling Contractor's Work and allowing inspections; f. Attendance at all predetermined meetings during regular working hours; g. Making and authorizing selections from the appropriate Contractor-designated vendors by the deadline date specified by Contractor; Tc plc h. Parking of vehicles in Contractor-designated areas and promptly moving vehicles to accommodate construction work when asked by Contractor: Keeping pets. family, and third party individuals out of and safely away from areas where construction work is underway; j. Working in coordination with the Contractor to resolve unforeseen and/or unplanned circumstances. k. Where specifications call for Owner to provide any materials or information, Owner shall be responsible for supplying such materials or information in a timely manner to allow for ordering and installation. Unless otherwise directed by Contractor, the Owner shall not make inquiries with or give direction to any outside service contractor or Contractor personnel subordinate to the Project Supervisor. Delays in construction or commencement of construction caused by Owner's failure to be timely in the above provisions shall not be deemed the responsibility of the Contractor, and shall automatically extend the time of completion.Additional costs to the Contractor, including but not limited to lost income created by untimely execution of the above Owner responsibilities, shall be borne by the Owner. X. AUTHORITY AND DUTIES OF INSPECTORS Owner and inspectors employed by Owner shall be authorized to inspect all of the Contractor's Work and all materials furnished. Such inspection may extend to all or any part of the work and preparation, fabrication, or manufacture of materials to be used in the performance of Contractor's Work. In the case of any dispute arising between Contractor and any inspector as to materials furnished, or the manner of performing the work, the inspector shall have the authority to reject materials or suspend work until Contractor and Owner resolve the dispute. Owner and inspectors employed by Owner are not authorized to revoke, alter, enlarge, or release any requirements of the Plans and Specifications, nor to approve or accept any performance of Contractor's Work, or to issue instructions contrary to the Plans and Specifications; Xl. INSURANCE AND LIABILITY a. Responsibility for Loss or Damage: Except for damage caused by negligence or intentional acts of Owner or Owner's contractor , subcontractors, guests or family member, Owner shall not be responsible or accountable for any losses or damages that shall happen to Contractor's Work until Owner accepts such work. Owner shall not be responsible or accountable for any losses or damages that shall happen to Contractor's materials, tools, or equipment employed during the course of this Construction Contract. b. Contractors Insurance: 1) Contractor shall furnish and maintain such public liability and property damage insurance as shall protect Contractor and any subcontractor, performing work covered by this Construction Contract, from claims for damages for personal injury, including accidental death, except by persons protected by Worker's Compensation statute, and from claims for property damages, which may arise from operations under this Construction Contract, whether such operations be by Contractor or any subcontractor or by anyone directly or indirectly employed by either of them. 2) Contractor shall maintain Worker's Compensation Insurance for all of its employees employed at the Premises and. in case any work is sublet, Contractor shall require any subcontractor similarly to provide Worker's Compensation Insurance for all of the latter's employees unless such employees are covered by the protection afforded by Contractor. c. Owner's Insurance: 1) Owner may maintain such insurance as will protect them from contingent liability for damages to persons or property, which may arise from operations under this Contract. 2) Owner shall effect and maintain for the benefit of the parties to this Contract, as their interests may appear, Fire and Extended Coverage Insurance to the extent of 100% of the value incorporated in the Residence as well as materials stored on the Premises, to be incorporated in the Residence, including form work in place, form lumber on the Premises, temporary structures, equipment and supplies incident to the construction of the Residence. Equipment owned or rented by Contractor, such as mixers, hoists, scaffolding, miscellaneous and small tools, canvasses, tarpaulins, forms and shores, the cost of which is not wholly included in the Contract Price, are not covered by this insurance. d. Indemnity Clause: 1) Contractor shall not be liable for loss, damage, injury, or other incidental or consequential costs, expenses, or damages incurred by owner or any other person from any construction activity under this Construction Contract other than for those explicit tasks Contractor is obliged to perform under this Construction Contract. Owner agrees to hold ,the Contractor harmless for any such loss, damage or injury. Further, the Owner agrees to indemnify Contractor for any such third party's loss, damage, or injury claims against the Owner arising solely by reason of Contractor's prosecution of Contractor's Work. • JBc :far 2) Owner shall not be liable for loss, damage, injury, or other incidental or consequential costs, expenses, or damages incurred by Contractor or any other person from any construction activity under this Construction Contract other than those explicit tasks Owner is obliged to perform under this Construction Contract. Contractor agrees to hold Owne' harmless for any such loss, damage, or injury. Further. the Contractor agrees to indemnify the Owner for any such thin party's loss, damage, or injury claims against the Owner arising solely by reason of Contractor's prosecution of Contractor' Work. XII. ACCEPTANCE Except as provided for in Contractor's Limited Warranty attached as Exhibit C, or as indicated on duly ex cuted Project Completion and Acceptance form signed by Owner and Contractor, the acceptance of the Residence by ner shall be deemed to be full performance and discharge of every agreement and obligation herein contained or expresse . XIII. ARBITRATION OF DISPUTES THIS CONTRACT SHALL BE INTERPRETED UNDER THE LAWS OF THE COMMONWEALTH OF MAS CHUSETTS. IN THE EVENT OF ANY DISPUTE ARISING HEREUNDER AS TO WHETHER CONTRACTOR'S WOR COMPLIES WITH THE PLANS AND SPECIFICATIONS OR WHETHER PAYMENT IS PROPERLY DUE AND THE SAME IS NOT SETTLED WITHIN FOURTEEN DAYS, THEN SAID DISPUTE SHALL BE RESOLVED BY ARBITRATION WITH A PRIVATE ARBITRATION SERVICE THAT HAS BEEN APPROVED BY THE SECRETARY OF THE EXECUTIVE OFFICE OF CONSUMER AFFAIRS AND BUSINESS REGULATIONS AS PROVIDED IN MASSACHUSETTS GENERAL LAWS CHAPTER 142A PRIOR TO EITHER PARTY PROCEEDING TO LEGAL ACTION IN THE COURTS. THE PARTIES SIGN BELOW ACCEPTING SUCH ARBITRATION WITH THE CONSTRUCTION INDUSTRY ARBITRATION RU1LES OF THE AMERICAN ARBITRATION ASSOCIATION THEN OBTAINING. THERE SHALL BE A SINGLE ARBITRATOR. THE JUDGMENT ON ANY AWARD RENDERED BY THE ARBITRATOR MAY BE ENTERED IN ANY COURT HAVING JURISDICTION. THE PARTIES HEREBY AGREE TO USE REASONABLE EFFORTS TO RESOLVE ANY DISPUTES SO AS TO AVOID THE COST AND DELAY ASSOCIATED WITH THE ARBITRATION. Date. _Ar.Jvsf .____.,20 ZZ- Owner Date: ,20 Owner Nextgen Construction Service Inc. Contractor By Date: .20 .___ NOTICE: THE SIGNATURES OF THE PARTIES ABOVE MAY APPLY ONLY TO THE AGREEMENT OF THE PARTIES TO ALTERNATIVE DISPUTE SETTLEMENT INITIATED BY THE CONTRACTOR. THE OWNER MAY INITIATE 'LTERNATIVE DISPUTE RESOLUTION EVEN WERE THIS SECTION IS NOT SEPARATELY SIGNED BY THE PARTIES THE RIGHT TO INITIATE ALTERNATIVE DISPUTE RESOLUTION SHALL END TWO YEARS AFTER THE D' E OF THIS AGREEMENT. XIV. DEFAULT AND REMEDIES a. Contractor's Default: Should Contractor abandon Contractor's Work for more than fourteen consecuti e days (other than by reason of a dispute or for reasons beyond Contractor's control), or should Contractor become insol ent, make an assignment for the benefit of creditors or the like, or should Contractor file a voluntary petition in bankruptc . or should an involuntary petition in bankruptcy be filed against Contractor, or should a receiver be appointed for Contractor by any court of competent jurisdiction, then Contractor shall be deemed in default hereunder. In the event of such a default, the Owner may replace the Contractor at the Owner's discretion in order to mitigate damages. If Contractor fails to orrect any of Contractor 's Work which is not in accordance with the requirements of the Plans and Specifications or on three or more occasions fails to carry out Contractor's Work in accordance with the Plans and Specifications, Owner may stop the prosecution of Contractor's Work by written stop order delivered to Contractor specifying the exact reasons for said order, whereupon Contractor shall stop all work and proceed to take sucn action as is necessary and appropriates to correct the work specified in Owner's stop order which does not comply with the Plans and Specifications; provided, however, that Document ICD.9F30A101-3098-4C24-BE i I.399C 113486601 c'TD'C j should said stop order be issued by Owner without good cause, then any delay caused thereby shall extend the Completion Date by the number of days equal to such a delay. The right of Owner to stop Contractor's Work shall not give rise to a duty on the part of the Owner to exercise this right for the benefit of Contractor or any other person or entity. If after receiving the Owner's stop work order Contractor defaults or fails to make such correction specified in Owner's stop order, Owner shall give written notice thereof to Contractor specifying the exact reasons for Contractor's alleged default, whereupon Contractor shall have ten days to cure any such default, if any, provided that such cure period shall be reduced to seven days in the case of Contractor 's default by reason of failure to prosecute Contractor's obligations under this Construction Contract. In the event Contractor fails to cure any claimed default within the time provided for same, then Owner may terminate this Construction Contract and, after paying to Contractor all due moneys for delivered goods and satisfactorily completed services supplied by Contractor, take possession of the Premises and complete Contractor's Work. or take any other action necessary at the Owner's discretion. b. Owner's Default: Should Owner fail to make any payment provided for in this Construction Contract or should Owner attempt to terminate this Construction Contract without good cause, then Contractor shall have the following remedies, in addition to any remedies available at law or in equity: 1)The contractor may proceed to enforce this Construction Contract or seek damages for its breach in a court of competent jurisdiction after resorting to arbitration. 2) Owner expressly agrees to pay Contractor, in addition to any sums of money due for satisfactorily delivered goods and satisfactorily completed services, a sum equal to 50%of the remaining balance of the Construction Contract. 3)The unpaid balance of satisfactorily delivered goods and satisfactorily completed services shall accrue interest at the rate of 1.5% per month from the date of Owner's breach of this Construction Contract. XV. COLLECTION OF OUTSTANDING BALANCES In the event that Contractor has to undertake the collection of any outstanding balance, or take legal action to enforce any of rights due Contractor under this Agreement, Owner shall pay, in eddition to any outstanding obligation, reasonable costs and attorney's fees incurred by Contractor resulting from the necessity of having to take such action. XVI. CAPTIONS Captions of paragraphs and subparagraphs are for convenience only and should not be relied upon. XVII. MERGER All prior negotiations, statements, representations, warranties, and agreements, if any. pertaining to any or all of the details of this transaction are superseded by and merged into this Construction Contract. which contract constitutes the entire agreement of parties. XVIII. MISCELLANEOUS PROVISIONS a. The Contractor will grant Owner as part of total price upon final payment a limited warranty, a copy of which is attached to this Agreement as Exhibit C. The Contractor will also assign any warranties it receives from manufacturers covering materials or equipment used in performance of this contract. b. Completeness of Agreement for Execution: The Owner is hereby advised that this agreement should not be signed unless and until all blank sections have been filled in or marked as void, deleted or not applicable, and until all exhibits and related or referenced documents that are incorporated herein are attached hereto. By signing this agreement, the Owner acknowledges receipt of a complete and original signed copy of the entire agreement and attached exhibits. Copy of Agreement to be given to Owner This agreement is governed by the Laws of Massachusetts. It must be executed in duplicate, and an original signed copy hereof given to the Owner at the time of execution. No work under the agreement shall begin prior to the',signing of the agreement and transmittal to the Owner of a copy thereof. Liens UNDER CHAPTER 254 OF MASSACHUSETTS GENERAL LAWS. THE CONTRACTOR AND ANY SUBCONTRACTORS THAT THE CONTRACTOR HAS A WRITTEN CONTRACT WITH, MAY OBTAIN A LIEN COMMONLY KNOWN AS A "MECHANICS LIEN" AGAINST THE PROPERTY WHERE THE WORK IS BEING PERFORMED. THE CONTRACTOR PRESENTLY HAS OR INTENDS TO ENTER INTO WRITTEN CONTRACTS WITH THE FOLLOWING SUBCONTRACTORS: CONTRACTOR WILL SUPPLY OWNER WITH ALL NAMES OF ALL SUBCONTRACTORS WITH WHOM THE CONTRACTOR ENTERS INTO THIS CONTRACT. THE OWNER SHOULD ALSO BE AWARE THAT ANY PERSON WHO PERFORMS WORK ON OWNER'S PROPERTY MAY ALSO OBTAIN A LIEN UPON THE OWNER'S PROPERTY UNDER CHAPTER 254 OF THE MASSACHUSETTS GENERAL LAWS. c. Change Orders: No extra work shall be done nor any obligation incurred for the payment thereof except upon a written Change Order signed and approved by Owner and Contractor. The Owner, without invalidating the agreement. may request a "Change Order" attached hereto and incorporated herein as Exhibit B" consisting of additions, deletions, or modifications with the contract sum and the contract time being adjusted accordingly. All such "Change Orders" shall be authorized by a written "Change Order" signed in advance, if possible, by the Owner and the Contractor. The Owner must agree to pay the increase in expense, if any, in accordance with the "Payment Schedule".Any decrease in expenses shall be credited to the total contract price. If any "Change Orders" are signed by subcontractors, these agreements are not considered binding to the Contractor. Any changes, alterations to, or omissions from the drawings or specifications which may be required by any public body, utility, or inspector as a result of a new law, regulation, policy or ordinance enacted or promulgated after the date of execution of this contract, shall constitute a "Change Order"and shall be paid for in the same manner as any other change in the work. d. Damage to Property: Until occupancy by Owner or completion of the contract hereunder, whichever occurs first, the Contractor shall have the care of the premises, subject to the right of the Owner and other contractors engaged hereon. The Contractor shall not allow rubbish or waste materials to accumulate on or about the premises. The Contractor shall not be held responsible for damage caused by the Owner or Acts of God, soil slippage, earthquake, fire, riot, civil commotion, or acts of public enemy, provided Contractor did not cause said damages. In the event that the property is destroyed in whole or in part by a casualty covered by insurance, Contractor agrees to rebuild the house in accordance with the specifications herein. However,the price shall be the cost to Contractor at that time to rebuild, and shall be paid from the insurance proceeds available with no contribution from Owner except for any deductible under said insurance. DO NOT SIGN THIS CONTRACT IF THERE ARE ANY BLANK SPACES. This contract executed this 26- day of ( , 20?Z Nextgen Construction Service Inc. Contractor By: Its +wry: r NOTICE OF CANCELLATION (Enter date of transaction)(_CONTRACT DATE )You may cancel this transaction, without any penalty or obligation, within three business days from the above date. If you cancel, any property traded in, any payments made by you under the agreement,and any negotiable instrument executed by you will be returned within ten business days following receipt by the Contractor of your cancellation notice, and any security interest arising out of the transaction will be cancelled. If you cancel. you must make available to the Contractor at your residence, in substantially as good condition as when received, any goods delivered to you under this agreement; or you may if you wish, comply with the instructions of the Contractor regarding the return shipment of the goods at the Contractor's expense and risk. If you do make the goods available to the Contractor and the Contractor does not pick them up within twenty days of the date of your notice of cancellation, you may retain or dispose of the goods without any further obligation. If you fail to make the goods available to the Contractor, or if you agree to return the goods to the Contractor and fail to do so, then you remain liable for performance of all obligations under the contract. To cancel this transaction, mail or deliver a signed and dated copy of this cancellation notice or any other written notice, or send a telegram to: c 2fzC • Nextgen Construction Services Inc. at 301 N. Elm St. F.O. Box 1959 Westfield MA 01085, not later than midnight of . (Date)I hereby cancel this transaction. (Date) (Owner's signature) By signing below the Owner acknowledges receipt of this Notice of Cancellation this day of 20 Owner Forms and notices of the right to cancel prescribed by rules of the Federal Trade Commission may be sub.tituted for the forms and notices required by this subsection. C. Notice of cancellation under this section shall be given i writing to the Contractor at the place of business as set forth in the agreement by ordinary mail posted, by telegram sent or by delivery, not later than midnight of the third business day following execution of the agreement. D. In the event if cancellation pursuant to this section the Contractor shall within ten business days of the receipt of any valid notice of .ncellation (i) refund all payments made, including any down payment made under the agreement; (ii)return any goods or .roperty traded in to the Contractor on account of or in contemplation of the agreement, in substantially as good condition as hen received by the Contractor; (iii) cancel and return any copies of the agreement and any negotiable instrument signed by the Owner with a notation indicating that it has been cancelled; and (iv)take any action necessary or appropriate to to inate promptly any security interest created in connection with the agreement. The Contractor shall be entitled to reclaim -nd the Owner shall return whenever possible or hold at the Contractor's disposal any goods received by the Owner under t e agreement. The Owner may, at his option, comply with the instructions of the Contractor regarding the return shipment if the goods at the Contractor's expense and risk. If the Owner does make the goods available to the Contractor and the Contractor does not pick them up within twenty days of the date of the Owner's notice of cancellation.the Owner may retain or dispose of the goods without any further obligation.If the Owner fails to make the goods available to the Contractor,or if the Owner agrees to return the goods to the Contractor and fails to do so, then the Owner shall remain liable for performance o all obligations under the contract. The Contractor shall within ten business days of receipt of the Owner's notice of cancell'ton notify the Owner whether the Contractor intends to repossess or to abandon any shipped or delivered goods. E.Whoev-r violates any provision of this section shall be punished by a fine of not more than five hundred dollars or by imprisonme t for not more than six months, or both. F.A violation of this section shall constitute a violation of chapter ninety three A. G.An agreement subject to this section shall not contain any waiver of the Owner's rights provided under this section. H. The contractor shall inform the Owner orally, at the time he signs the agreement,of his right to cancel and shall not misrepresent'n any manner such right. I.The Contractor shall not negotiate,transfer, sell, or assign any agreement or other evidence of i debtedness to a finance company or other third party prior to midnight of the fifth business day following the day the agreement was signed. No negotiation,transfer. sale or assignment of any agreement or other evidence of indebtedness shal defeat or limit the Owner's right to cancel the agreement because of failure to include a required or an agreed term o to deliver an accurate copy of the agreement, as provided in subsection B. J. A Contractor of services shall not commen•- such service during the three business day cancellation period, and the Owner shall not be responsible for the value of ork performed during such period, in the event of cancellation. K. This section shall not apply to a transaction in whic the Owner is accorded the right to rescission by the provisions of chapter one hundred and forty D, or in which the Owner h•s initiated the transaction and the goods or services are needed to meet a bona fide immediate personal emergency of the owner.and the Owner furnishes the Contractor with a separate dated and signed personal statement in the Owner's handcar"ing describing the situation requiring immediate remedy and expressly acknowledging and waiving the right to cancel the s.le within three business days. NOTICE OF CANCELLATION (Enter date of transaction)LCONTRACT DATE_)You may cancel this transaction,without any penalty or o ligation, within three business days from the above date. If you cancel, any property traded in, any payments made by you under the agreement,and any negotiable instrument executed by you will be returned within ten business days followin', receipt by the Contractor of your cancellation notice, and any security interest arising out of the transaction will be cancelle.. If you cancel, you must make available to the Contractor at your residence, in substantially as good condition as when received, any goods delivered to you under this agreement; or you may if you wish, comply with the instructions of he Contractor regarding the return shipment of the goods at the Contractor's expense and risk. If you do make the goods .available to the Contractor and the Contractor does not pick them up within twenty days of the date of your notice of cancellation, you may retain or dispose of the goods without any further obligation. If you fail to make the goods available to the I ontractor, or if you agree to return the goods to the Contractor and fail to do so, then you remain liable for performance o all obligations under the contract.To cancel this transaction, mail or deliver a signed and dated copy of this cancellation noti - or any other written notice,or send a telegram to: Nextgen Construction Services Inc. at 301 N. Elm St. P.O. Box 1959 Westfield MA 01085, not later than midnight of . (Date)I hereby cancel this transaction. at • (Date) (Owner's signature) By signing below the Owner acknowledges receipt of this Notice of Cancellation this day of 20 Owner Forms and notices of the right to cancel prescribed by rules of the Federal Trade Commission may be sub•tituted for the forms and notices required by this subsection. C. Notice of cancellation under this section shall be given in writing to the Contractor at the place of business as set forth in the agreement by ordinary mail posted, by telegram sent •r by delivery, not later than midnight of the third business day following execution of the agreement. D. In the event •f cancellation pursuant to this section the Contractor shall within ten business days of the receipt of any valid notice of 'ancellation (i) refund all payments made, including any down payment made under the agreement; (ii)return any goods or •roperty traded in to the Contractor on account of or in contemplation of the agreement, in substantially as good condition as hen received by the Contractor; (iii) cancel and return any copies of the agreement and any negotiable instrument signed by the Owner with a notation indicating that it has been cancelled; and (iv)take any action necessary or appropriate to term nate promptly any security interest created in connection with the agreement. The Contractor shall be entitled to reclaim -nd the Owner shall return whenever possible or hold at the Contractor's disposal any goods received by the Owner under t e agreement. The Owner may, at his option, comply with the instructions of the C ontractor regarding the return shipment • the goods at the Contractor's expense and risk. If the Owner does make the goods available to the Contractor and the C intractor does not pick them up within twenty days of the date of the Owner's notice of cancellation,the Owner may retain or dispose of the goods without any further obligation. If the Owner fails to make the goods available to the Contractor,or if the • ner agrees to return the goods to the Contractor and fails to do so, then the Owner shall remain liable for performance of all obligations under the contract. The Contractor shall within ten business days of receipt of the Owner's notice of cancel!.tion notify the Owner whether the Contractor intends to repossess or to abandon any shipped or delivered goods. E.Whoev•r violates any provision of this section shall be punished by a fine of not more than five hundred dollars or by imprisonme t for not more than six months, or both. F. A violation of this section shall constitute a violation of chapter ninety three A. G. n agreement subject to this section shall not contain any waiver of the Owner's rights provided under this section. H. The •ntractor shall inform the Owner orally, at the time he signs the agreement, of his right to cancel and shall not misrepresent n any manner such right. I.The Contractor shall not negotiate, transfer, sell,or assign any agreement or other evidence of i •ebtedness to a finance company or other third party prior to midnight of the fifth business day following the day the agreement was signed. No negotiation,transfer, sale or assignment of any agreement or other evidence of indebtedness shall defeat or limit the Owner's right to cancel the agreement because of failure to include a required or an agreed term or, to deliver an accurate copy of the agreement, as provided in subsection B. J.A Contractor of services shall not commenc- such service during the three business day cancellation period, and the Owner shall not be responsible for the value of ork performed during such period, in the event of cancellation. K. This section shall not apply to a transaction in which the Owner is accorded the right to rescission by the provisions of chapter one hundred and forty D,or in which the Owner h:s initiated the transaction and the goods or services are needed to meet a bona fide immediate personal emergency of the owner, and the Owner furnishes the Contractor with a separate dated and signed personal statement in the Owner's handwri ing describing the situation requiring immediate remedy and expressly acknowledging and waiving the right to cancel the s.le within three business days. • mic 9