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39 IRVING ST - BUILDING INSPECTION fs -ft-IIIIIINS-MUST-GE f%*9-AN9 APPROVEO BY T44E JdS ECIDR PRIDR TD A_PERIlOIT BEING GRANTED CITY OF SALEM No. ` Date JJJ s , it . IS PMperty Located to Location of ttte Historic D ild? Yes No_ Building Is Property located in do Conservation Area? Yes No BUILDING PERMIT APPLICATION FOR: Permit to: (Circle whichever apply) Roof, Reroof, Install Siding, Construct Deck, Shed, Pool, Repair/Replace, Other: PLEASE FILL OUT LEGIBLY& COMPLETELY TO AVOID DELAYS IN PROCESSING TO THE INSPECTOR OF BUILDINGS: The undersigned hereby applies for a permit to build according to the following specifications: Owner's Name ►+ Jer-rt,t!�e Address & Phone 39 Zvi Oil) IW S - Y069 Architect's Name tz 1A Address & Phone Mechanics Name ft"Kdco Ruildtoc.S Address & Phone %gedfrrer "/ SalcYn A) (603) 898- 0B68 What Is to purpose of bUWWQ? 6j��m,r lTr�cSr�eNcC . Md wW of bulkkig? Woos( AY'*TnC N a dvwall tg,for how many famYin? OAW C/ WIN bu kbv conform to law? VGS. Asbestos? 0rj Kroca,n/ Es&Wed coat IH. +l 08 ao GN license M N 0. Staro um"N CS 0AI188144 Base Iaprovsent Lic. 11068111 Signature of AlWicant SIGNED UNDER THE PENALTY OF PERJURY DESCRIPTION OFWORK TO BE DONE J�temow /sr✓M lotus 4 "m Z 6eco uL4 &0d ca/.n s tuAr'JS � CiGh//�n+QS . a� uAde /t t%e�,iq� ou��)� � Sevi�e �s ao%� �ar�wil2tj 5 MelKe � ��s T r10. ILL MAIL �'I.I�,MI t r , No. ��� APPLICATION FOR \ PERWT TO LOCATION: PERMIT rpRANTE6j 2.0 APPROV�D �NgPECTOR GIF BUILDINGS \ The Commonwealth ofMassaehusetts Department of Industrial Accidents nvatl®ta l� 1 — OIB6se/I - 600 Washington Street, fh Floor Boston,Mass. 02111 Workers'Com ensation Insurance Affidavit: Buildin lumbin lectrical Contractors UM name: address: city state All phone# work site location(full address), ❑ 1 am a homeowner performing all work myself. Project Type: ❑New Construction❑Remodel ❑ I am a sole proprietor and have no one working in any capacity. ❑Building Addition --------- -I-am an-employa-providing,workers'-compensahorr for my employ working on thisjob - e .. .�, y ,r ees comoanv name.' dI.6e,KOOr QYf� ;fN { addN04' Pn- q'i'L+ {.JFy° 1•tf xt 5 ask +aad r� ��iu.='�� city.' .; insurance eo. I W Nat .r t .. am sir VVC'oo69ZoN13 :" ❑ l am a sole proprietor,general contractor,or homeowner(circle one)and have hired the contractors listed below who have the following workers'compensation polices: company name• address: ^u�,.ern . _•ca, r „tea F e �. "1"x + S+e 2 mti�' r4 ra i':. company name: t address,' rS'm' t�Xt sn P ri� '�v tµjn_hr ; � {f•tt" �-e at?7 s t t* yy ROOM Mx} Y x J.�. Failure to secure coverage as required under Section 25A of MGL 152 can lad to the Imposition of criminal penalties of a fine up to S1,500.00 and/or one years'imprisonment as well as civil penalties in the form of a STOP WORK ORDER and a fine of$100.00 a day against me. I understand that a copy of this statement may be forwarded to the Office or Investigations of the DIA for coverage verification. t do hereby certify under the pains and peenatlies of perjury that the information provided above is true and correct. Signature W� Date 3y/o,�OS .� r Print name IrrO S, We % Phone#_6o3-998-086$ - fmcial on only do not write in this area to be completed by city or town omcial or town: permitAicense# ❑Building Department []Licensing Board check if immediate response is required ❑Selectmen's Omce ❑Health Department tact person: phone#; ❑Other eJ Sepl.Lrpl Information and Instructions Massachusetts General Laws chapter 152 section 25 requires all employers to provide workers' compensation for their employees. As quoted from the"law",an employee is defined as every person in the service of another under any contract of hire,express or implied, oral or written. An employer is defined as an individual,partnership,association,corporation or other legal entity,or any two or more of the foregoing engaged in ajoint enterprise, and including the legal representatives of a deceased employer, or the receiver or trustee of an individual, partnership, association or other legal entity,employing employees. However the owner of a dwelling house having not more than three apartments and who resides therein, or the occupant of the dwelling house of another who employs persons to do maintenance,construction or repair work on such dwelling house or on the grounds or building appurtenant thereto shall not because of such employment be deemed to be an employer. MGL chapter 152 section 25 also states that every state or oca Ticensmg agency shaltwlthholtithe issuance or — renewal of a license or permit to operate a business or to construct buildings in the commonwealth for any applicant who has not produced acceptable evidence of compliance with the insurance coverage required. Additionally, neither the commonwealth nor any of its political subdivisions shall enter into any contract for the performance of public work until acceptable evidence of compliance with the insurance requirements of this chapter have been presented to the contracting authority. MORAN Applicants Please fill in the workers' compensation affidavit completely, by checking the box that applies to your situation. Please supply company name,address and phone numbers along with a certificate of insurance as all affidavits may be submitted to the Department of Industrial Accidents for confirmation of insurance coverage. Also be sure to sign and date the affidavit. The affidavit should be returned to the city or town that the application for the permit or license is being requested,not the Department of Industrial Accidents. Should you have any questions regarding the"law"or if you are required to obtain a workers' compensation policy,please call the Department at the number listed below. R, - r City or Towns Please be sure that the affidavit is complete and printed legibly. The Department has provided a space at the bottom of the affidavit for you to fill out in the event the Office of Investigations has to contact you regarding the applicant. Please be sure to fill in the permit/license number which will be used as a reference number. The affidavits may be returned to the Department by mail or FAX unless other arrangements have been made. The Office of Investigations would like to thank you in advance for you cooperation and should you have any questions, please do not hesitate to give us a call. The Department's address,telephone and fax number: The Commonwealth Of Massachusetts Department of Industrial Accidents Ifte d Imesdoade s 600 Washington Street,71°Floor Boston, Ma. 02111 fax#: (617)727-7749 phone#: (617)727-4900 ext. 406 ACORDM CERTIFICATE OF LIABILITY INSURANCE °AT"1'078 D/YYYY' 07/o8/zo0a PRODUCER (603)669-0704 FAX (603)669-6831 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Infantine Insurance, Inc. ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE P.O. Box 5125 HOLDER.THIS CERTIFICATE DOES NOT AMEND,EXTEND OR Manchester, NH 03108 -ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Joyce McMann INSURERS AFFORDING COVERAGE NAIC# INSURED Blackdog Builders, Inc. - INSURERA: Peerless Insurance 24198 7 Red Roof Lane Unit 1 INSURERS: Acadia Insurance Co. 31325 Salem, NH 03079 INSURER C: INSURER D: INSURER E COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED.NOTWITHSTANDINI ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAYBE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES,AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR DO' TYPE OF INSURANCE POLICY NUMBER POLICYEFFECTIVE POLICY EXPIRATION LIMITS GENERAL LIABILITY TO BE DETERMINED 07/01/2004 07/01/2005 EACH OCCURRENCE $ 1,000,000 X COMMERCIAL GENERAL LIABILITY DAMAGE TO RENTED $ 100,000 CLAIMS MADE ff] OCCUR MED EXP(Any one person) S 5,000 A PERSONAL 8 ADV INJURY $ 1,000,000 GENERAL AGGREGATE S 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OP AGG $ 2,000,000 POLICY PE JECT OC AUTOMOBILE LIABILITY TO BE DETERMINED 07/01/2004 07/01/2005 COMBINED SINGLE LIMIT X ANY AUTO (Ea accident) $ 1,000,000 ALL OWNED AUTOS BODILY INJURY SCHEOULEDAUTOS (Per person) S A X HIRED AUTOS BODILY INJURY X S NON-OWNED AUTOS (Per accident) PROPERTY DAMAGE $ (Peraccident) GARAGE LIABILITY AUTO ONLY-EA ACCIDENT $ ANY AUTO AUTO ONLY: EA ACC $ AUTO ONLY: AGG $ EXCESSIUMBRELLA LIABILITY EACH OCCURRENCE $ OCCUR - ❑ CLAIMS MADE AGGREGATE $ $ DEDUCTIBLE $ RETENTION $ S WORKERS COMPENSATION AND WCA006920413 07/01/2004 07/01/2065 X WC sraru- OTH- EMPLOYERS'LABILITY B ANY PROPRIETOR/PARTNER/EXECUTIVE E.L.EACH ACCIDENT $ 100,000 OFFICER/MEMBER EXCLUDED?If yes,desmbe under E.L.DISEASE-EA EMPLOYE $ 100,000 SPECIAL PROVISIONS below E.L.DISEASE-POLICY LIMIT 1 $ 500,000 OTHER DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF,THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LABILITY OF ANY KIND UPON THE INSURER,ITS AGENTS OR REPRESENTATIVES. For Informational Purposes AUTHORIZED REPRESENTATIVE ACORD 25(2001108) CACORD CORPORATION 1988 REMODELDESIGN 0-7 35,000 cfenobsed space BOARD OF BUILDING REGULATIONS (MGL C,112 S!60L) 1A-Masonry,onlyLicense CONSTRUCTION SUPERVISOR iG-1.8 2 Family Homes I Number CS O48847 FFailure to possess a current edition of the assachusetis State Building Code j Birth`date 0 8/3 071 9 64 'Is cause for revocation of-this license. tli It Expires, 08730[2005 Tr.no: 1575 RestnaTed: 1"G DAVIDK BRYAN 7 RED ROOF LN#1 ( ,;- y—' - - . SALEM, NH 03076 Administrator DIG:-SAFE CALL CENTER: (888)344-7233 ✓,/ie V�O�lemdlCdM,¢r;U�G o�✓K¢oo¢�ude�d -. Board of Building Regulations and Standards �, License orregistration.valid forriudividuhuse only HOME IMPROVEMENT CONTRACTOR I, before the expiratiou date. If found'return to: Registration 106877 I Board of Building Regulations and Standardslug . ra IP I?/2812006 One Ashburton Place Rut 1301 '-! Type Prfv'ate Corporation Boston;.Ma..02108 I BLACKDOG BUILD -5t INQ DAVID BRYAN 7 RED ROOF LN.#7 � � Salem, NH 03079 Administrator. ii Not vali i ut sighatore MAR 09 2005 16 : 28 FR WELLS FARGO DANU IN978 739 0126 TO 916038980821 P.02 Fl00RP1AN • Borrower: ernes errs m lona lie N 401013 �� SalemLASON one Mrt. Im Sure MA Y�o 01870 23' Bedroom Nltehen Laondry Roo Belh Bedroom 01"Roo 31' 1^ Uying Room asoroom Bgdmom Foyer t1'A'tf' of hbUsC Frst Floor pnW*r not to sale) Second Floor(not to scale) B WbNngton Street,0ewny,MA 01815 Phone:B78 2-24aG2 Fax 97&921-QM ** TOTAL PAGE .02 * CITY OF SALEM9 MASSACHUSETTS PUBLIC PROPERTY DEPARTMENT 120 WASHINGTON STREET, 3RD FLOOR j 4 !� SALEM, MA 01970 "�- TEL. (978)745-9595 ExT. 380 FAx (978) 740-9846 STANLEY J. USOVICZ, JR. MAYOR DISPOSAL OF DEBRIS AFFIDAVIT In accordance with the provisions of MGL c 40, S34,I acknowledge that as a condition — -- - of-Building-Permit-# -- ,-all-debris resulting-from-the-construction-activi y governed by this Building Permit shall be disposed of in a properly licensed solid-waste disposal facility, as defined by MGL c III, S 150A. The debris will be disposed of at: Qa S/+4 du M 3 14- SOU i e t Ldiation of Facility ;3/VaS 4�p_ature,4fferrrlt Applicant —'Date FULLY complete the following information: (PLEASE PRINT CLEARLY) / TM qutm ale, 39 �i�.i ry 6 ,S4�e M, Ind. Name of Permit Applicant IL1�4�O�Oy �u��dt/'1�S �G Firm Name, ifjmy Address, City & State The above statute requires that debris from the demolition, renovation, rehab or other alteration of building or stricture be disposed in a properly-licensed solid-waste disposal facility as defined by MGL cIII, S 150A, and the building permits or licenses are to indicate the location of the facility. Project Proposal to Mr. and Mrs. Jim Verrette 39 Irving Road Salem, MA 000000 (978)745-4069 for New Plaster, Electrical and Trim out 2 bedrooms 7 RED ROOF LANE, UNIT 1 SALEM, NH 03079 PH: 603.898.0868 FX: 603,898.0821 BLACKDOGBUILDERS.COM REMODEL Blackdoo project code: VERRE-5698-B 03/03/2005 Contract Proposal—Page 1 of.' Mr. and Mrs. Jim Verrette 39 Irving Road Salem, MA 000000 Dear Jim and Katie We are pleased to offer for your consideration the following proposal for the construction of your project. For ease of reference, this proposal is divided into the following sections: Section I Contract/Proposal Business conditions Section II Contract/Proposal Construction Contract Section III Attached Booklet I Specifications of the job The description of the proposed project contains precise, but understandable specifications (Section III) of the items which are included in your project.-=The specifications form the heart of any construction CONTRACT and we ask that you review them carefully. IF IT IS NOT SPECIFIED IT IS NOT INCLUDED IN THE SCOPE OF THIS PROPOSAL. The business section gives you the general conditions of the work and site, the anticipated start and completion dates, the price of the project with the payment schedule as well as any allowances. The legal section expresses the general conditions of the CONTRACT and specifies the responsibilities of the contractor and the owner. The item identifier i.e. GN01001, is shown in the specifications for ease of identification of each and every item we have included in this proposal. Remodeling work can be confusing and complex; however, hopefully this format will facilitate your review of our proposal to insure we have included all your wishes. We are pleased to have the opportunity to prepare this proposal for your consideration. I will be happy to answer any questions you might have on any aspect of this CONTRACT proposal at your convenience. Blackdog Builders, Inc, is a Corporation run by a dedicated team of employees and prides itself on maintaining the highest level of customer service in the industry. Our list of satisfied clients is our most valuable asset. We look forward to adding your name to that list. Scerely, q� ve gh Design Consultant Enclosures/Attachments 03/03/2005 Contract Proposal—Page 2 of 17 Section I of the Contract/ Proposal for Mr. and Mrs. Jim Verrette Business Conditions 03/03/2005 Contract Proposal—Page 3 of 17 BUSINESS CONDITIONS TO THIS CONSTRUCTION CONTRACT This Contract, dated February 4`", 2005 is by and between: Mr. and Mrs. Jim Verrette 39Irving Road Salem, MA 000000 Blackdog project code VERRE-5698-B (Hereafter referred to as OWNER), and Blackdog Builders, Inc. 7 Redroof Lane, Unit#1 _ Salem, NH 03079 (603) 898-0868 Hereafter referred to as CONTRACTOR). Work will be performed at: 39 Irving Road, Salem, MA 000000 (Hereafter referred to as PROPERTY) 1. GENERAL This CONTRACT is for the following work and materials to be performed by the CONTRACTOR on the PROPERTY address shown above. The project is generally described as follows: New Plaster, Electrical and Trim out 2 bedrooms (Hereafter referred to as WORK) The CONTRACT consists of this document, any plans, the specifications, the Blackdog client package and the Construction Contract. (Hereafter collectively referred to as the "CONTRACT") 2. PRICE The total price for the WORK agreed upon is $14,407.01. Payment terms are set out below in Paragraph 6. This proposal may be withdrawn by us if not accepted within thirty(30) days. 3. STARTING AND COMPLETION PROVISIONS The WORK will begin during the week of March 71"2005 and will be completed, absent unusual or unforeseen circumstances, in late March 2005, providing this CONTRACT and any related CONTRACT documents are accepted when presented. Projects requiring two contracts (one for construction work and one for bath or kitchen product) will not be slotted into the schedule until both agreements have been executed. The aforementioned dates reflect our present workload. Projects are assigned a slot in our work schedule as they are accepted, on a first come first served basis. These dates may move based on the completion time of the project that immediately preceded yours. 4. PERMITS AND APPLICABLE CODES: COMPLIANCE WITH LOCAL LAW a. All work to be done under this CONTRACT will be in accordance with local, state and county building code. The CONTRACTOR shall obtain all necessary permits and pay all required permit and plan fees from the CONTRACT sum, unless otherwise agreed. The CONTRACT price does not include any fees, which may be incurred to obtain a variance, if required. The CONTRACT price does not include any unbid items required by any local building official to bring the project into compliance with any relevant local, state and county building code. b. All home improvement contractors/subcontractors working in the state of Massachusetts must be licensed and 03/03/2005 Contract Proposal—Page 4 of 17 registered by the Bureau of Building Regulations and Standards All inquiries concerning the CONTRACTOR should be transmitted to that office. In Massachusetts Blackdog Builders, Inc. operates under License number CS048847 and Registration number 106877. 5. SPECIFIC REQUIREMENTS FOR MATERIALS AND WORKMANSHIP a. This CONTRACT will be completed by the CONTRACTOR in a good and workmanlike manner, using quality materials. b. If applicable, the CONTRACT price includes the following allowances: See allowances under specifications. & PAYMENT a. Timely payment by the OWNER of all sums due under this CONTRACT is of the essence to this CONTRACT. The parties agree to the following schedule of payments: Deposit with this contrac : $720.35 - _ Payment Schedule amounts reflect a Partner Plan credit of$0.00 b. Payment Schedule Start of project $3,147.93 Start of electrical or plumbing trim $3,147.93 Start of drywall hanging $3,147.93 Start of trim $3,147.93 Substantial Completion $684.33 Completion of Punch List $410.61 c. Allowances for Owner Selected Components N/A d. The CONTRACTOR may cease operations if any payment is not made by the OWNER as required herein, and proceed to collect any balance due through any remedy provided by law. Payments are due when the aforementioned progress milestones have been reached. It is understood that minor adjustments to the payments schedule may be necessary due to the flow of work or delays beyond the control of the CONTRACTOR. e. DEFINITIONS Substantially complete -The space or project is substantially complete when the space or project can be used for its intended purpose and only punch list items remain. Punch list-Work or product that has not been performed or provided. Warranty item - A product or service that has been provided or performed that does not meet or exceed industry standards. THESE CONDITIONS MUST BE ACCOMPANIED BY THE CONSTRUCTION CONTRACT 03/03/2005 Contract Proposal—Page 5 of 17 Section II Construction Contract of the Contract/ Proposal for Mr. and Mrs. Jim Verrette 03/03/2005 Contract Proposal—Page 6 of 17 CONSTRUCTION CONTRACT This Contract is by and between: Mr. and Mrs. Jim Verrette hereafter referred to as "OWNER", and Blackdog Builders, Inc hereafter referred to as "CONTRACTOR" for work at 39 Irving Road, Salem, MA 000000 dated . This CONTRACT consists of this document, any plans, the Specifications and Business Terms that are enclosed and the Blackdog Builders Client Package. (Hereafter collectively referred to as the"CONTRACT") 1. CONTRACTOR'S DUTIES --GENERAL a. To direct and control the work contracted for in accordance with the terms of this CONTRACT and all applicable codes, laws, and regulations, and as the building permits issued for this project, if any, require. b. To inspect the site, examine the plans and specifications, if any, and supervise all of CONTRACTOR's employees, and to direct the work of all subcontractors selected by CONTRACTOR. c. To maintain the work site in a safe and clean condition, to the extent consistent with the CONTRACT. d. To advise the OWNER promptly if concealed conditions are ascertained which require additional or different work, and to proceed in such event in accordance with this CONTRACT. e. To provide locked storage for any equipment, tools, or other PROPERTY used in the performance of this CONTRACT, unless otherwise agreed in writing. 2. OWNER'S DUTIES — GENERAL a. To provide adequate utilities for the work agreed upon. b. To advise the CONTRACTOR of any condition of the PROPERTY which affects CONTRACTORS ability to perform. c. To provide secure storage areas for materials delivered to the work site. d. OWNER shall be entitled to make periodic inspections of the work site, provided such inspections do not interfere with the work and can, in the judgment of the CONTRACTOR, be made safely. Any other entry onto the construction site shall be at OWNER's risk. e. OWNER shall notify his insurance agent of the execution of this agreement and obtain any necessary riders to his current coverage or any locally customary forms of coverage, such as builders risk, to cover OWNER's interests and liabilities during the construction process. f. To perform no work on the project without a written agreement with the CONTRACTOR. g. To make no agreements with any trades person, subcontractor, or CONTRACTOR'S employees outside the scope of this CONTRACT without the written consent of the CONTRACTOR. 03/03/2005 Contract Proposal—Page 7 of 17 3. MATERIAL SUBSTITUTION CONTRACTOR reserves the right to substitute other materials, products and/or labor of equal or superior quality, utility, or similar color. 4. DELAY CONTRACTOR shall not be responsible for delays caused by events beyond the control of the CONTRACTOR, including but not limited to: strikes, war, acts of God, riots, governmental regulations and restrictions. Delays caused by OWNER's failure to make allowance materials selections or caused by the performance by CONTRACTOR of extras or necessary work(as described in Paragraph 6) shall likewise be excusable delays. 5. INSURANCE CONTRACTOR agrees to maintain all necessary forms of insurance to protect the OWNER from liability for any occurrence arising from the performance. of this Contract. CONTRACTOR agrees that he shall cover his own employees for worker's compensation and carry general liability insurance, and that all forms of insurance referenced herein shall be with reputable companies licensed to do business in the state where the project is located. -- 6. HIDDEN. CONCEALED and UNFORESEEN CONDITIONS a. The parties agree that in the event CONTRACTOR discovers a hidden, concealed or unforeseen condition requiring an extra cost that they shall proceed as follows: The CONTRACTOR shall notify the OWNER verbally to expedite agreement as to any charge necessary to correct or cure such condition, and provide a written Work Order (as described in paragraph 7a) as soon as practicable. The parties must agree to such extra charges, or agree to a resolution method, or this CONTRACT may be cancelled by either of them. b. For purposes of this section, a "hidden, concealed and unforeseeable condition" shall mean a condition not readily observable to a prudent CONTRACTOR inspecting the subject PROPERTY for the purpose of performing this Contract. Examples of such conditions can include, but are not limited to; rot under siding; ledge below grade; pre-existing plumbing or electrical work not performed to code and pre-existing mold. c. An change in the WORK required b building officials assigned to this project, including structural and/or an Y 9 q Y 9 9 P l 9 Y environmental hazards will be billed as an EXTRA charge to this CONTRACT and paid for by the OWNER as a Work Order. CONTRACTOR may cease operations if OWNER refuses to pay 7. EXTRAS a. Any extra work or materials desired by the OWNER shall be agreed upon in writing and such extras shall become a part of this CONTRACT as if fully set forth herein. Unless otherwise agreed, extra work shall be paid for as performed. Failure of the OWNER to sign a change order shall not preclude recovery for any work performed by CONTRACTOR, and acceptance of said extra work or materials shall be presumed, unless there is written notice to the contrary. b. CONTRACTOR shall advise OWNER, at the time of agreement on an extra, as to any additional time required to perform this CONTRACT. 03/03/2005 Contract Proposal—Page 8 of 17 8. ESCALATION CONTRACTOR reserves the right to pass on additional costs to OWNER resulting from the escalation of the cost of lumber or lumber byproducts. This cost may be passed on only, if after the CONTRACT is signed but before the construction commences, an increase in lumber costs is experienced. The CONTRACTOR must substantiate the change with evidence of the difference between lumber costs at the time of the CONTRACT and lumber costs at the time of construction. Only direct cost differences may be passed on, no allowances for overhead and profit shall be included. Any additional costs will be collected per Work Order (as described in paragraph 7a.). 9. EXCESS MATERIALS ON SITE CONTRACTOR routinely stores extra materials on site to improve efficiency and reduce the likelihood of running out of stock in the middle of a task. Unless otherwise specified in writing all excess materials on site at the end of the project are the PROPERTY of CONTRACTOR. 10. SUBCONTRACTORS a. CONTRACTOR shall select subcontractors as required to complete this CONTRACT. OWNER acknowledges that subcontractors will do various portions of the work. Any subcontractor selected by the CONTRACTOR shall have all requisite licenses for the work to be done by such subcontractor. b. It shall be the duty of the CONTRACTOR to use reasonable care in the selection of subcontractors. Absent objectionable performance by any subcontractor, the selection of subcontractors shall be an exclusive right of the CONTRACTOR. The CONTRACTOR shall require all subcontractors to have workmans compensation and liability insurance in force. c. CONTRACTOR shall pay subcontractors in a timely manner and obtain from subcontractors any necessary documentation required to release their liens, if any, as the work proceeds.. 11. TERMINATION AND CANCELLATION The CONTRACTOR may terminate and cancel this CONTRACT if any payment called for hereunder is not received as scheduled, provided that notice is given to the OWNER as provided below. Upon such termination, the CONTRACTOR shall have all remedies provided by law, including such lien rights as then apply. The OWNER may terminate this CONTRACT upon the following conditions: a. Failure of the CONTRACTOR, or his subcontractors, to pursue the work contracted for, absent excusable delay, as provided in Paragraph 4 above, for a continuous period of fourteen (14) days, without a written agreement permitting same, such agreement may be satisfied by a single notation to this CONTRACT. b. Failure of the CONTRACTOR to rectify any condition for which building code enforcement authority has issued a citation of violation notice, within fourteen (14) days notice of such violation, unless OWNER and CONTRACTOR otherwise agree. c. Any other failure to perform this CONTRACT required by the terms of this CONTRACT. 03/03/2005 Contract Proposal—Page 9 of 17 L d. No termination shall be effective unless 10 days notice of OWNER's intent is given as required below, during which time the default may be cured by the CONTRACTOR. e. Deposit monies - Cancellation of this CONTRACT prior to the commencement of work shall result in the forfeiture of any and all deposit monies collected. All deposits are non-refundable. The parties hereby agree that upon such cancellation, the CONTRACTOR shall suffer damages including but not limited to the cost associated with designing and preparing the project for commencement. f. You may cancel this agreement by observing the requirements of The Notice of cancellation you have received. g. If a dispute arises out of or is related to this Contract, or the breach thereof, the parties shall endeavor to settle the dispute first through direct discussions. If the dispute cannot be settled though direct discussions, the parties agree the dispute shall be settled by arbitration administered by the American Arbitration Association under its Construction Industry Arbitration Rules. In the event that arbitration is necessary, the parties agree that arbitration proceedings shall be conducted by a mutually agreed on arbitrator in Rockingharrr-County, New Hampshire. If the parties cannot agree on an arbitrator, either party may file a written demand for arbitration in accordance with the rules of the American Arbitration Association. The arbitration award shall be final and judgment on the award may be entered in any court having jurisdiction thereof. This CONTRACT shall be governed and interpreted in accordance with the laws of the State of New Hampshire. The parties acknowledge that this agreement to arbitrate shall be governed by Chapter 542 of the New Hampshire Revised Statutes Annotated. Either party may, without waiving any remedy under this CONTRACT, seek from any court having jurisdiction any interim or provisional relief that is necessary to protect the rights or PROPERTY of that party, including but not limited to the right to seek liens or attachment. The prevailing party in any dispute arising out of or relating to this CONTRACT or its breach that is resolved by a binding dispute resolution process shall be entitled to recover from other party reasonable attorneys' fees, costs and expenses incurred by the prevailing party in connection with such dispute resolution process. Consumers in Massachusetts shall be required to submit to such arbitration as provided in MGL c. 142A. and Mrs. Jim Verrette Steve McCullough Design Consultant Blackdog Builders, Inc. Notice: The signature of the parties above constitutes an acknowledgement of the agreement between the parties to alternative dispute resolution. Massachusetts consumers may have the right to initiate alternative dispute resolution even where this section is not signed by the parties. h. Unless otherwise agreed in writing, CONTRACTOR shall continue the WORK and maintain the agreed work schedule during any dispute resolution proceedings. If CONTRACTOR continues to perform, Owner shall continue to make payments in accordance with this Contract. 12. ENVIRONMENTAL HAZARDS 03/03/2005 Contract Proposal—Page 10 of 17 a. The CONTRACTOR is NOT responsible for the inspection, discovery, abatement or removal of any environmental hazard including, but not limited to: asbestos; mold; lead; radon; ground water or environmental pollution at the work site, unless specifically covered in the specifications. b. In the event that any hazardous material is discovered during the course of construction, the testing, abatement and/or removal shall be shall be the sole responsibility of the OWNER. c. Any additional costs incurred on account of suspension of the construction or changes to the specifications due to a hazard or its removal are the responsibility of the OWNER and will be handled by a Work Order. d. In the event that work does not resume within 30 days of the stoppage, OWNER agrees to immediately pay the CONTRACTOR the pro rated amount of the CONTRACT price applicable to work done up to that point pursuant to the Contract. WARRANTY OWNER warrants that as of the date of this CONTRACT: (1)the PROPERTY (including the land, surface water, ground water, and improvements to the land) is, and will continue to be, free of all contamination, including (a)"oil, petroleum products, and their by-products" (b) any "hazardous waste" as defined by the Resource Conservation and Recovery Act of 1976, as amended from time to time, and regulations promulgated thereunder; (c) any "hazardous substance" as defined by the Comprehensive.Environmental Response, Compensation, and Liability Act of 1980, as amended from time to time, and regulations promulgated thereunder, specifically including asbestos and mold; and (d) any other "hazardous substance" (2)the PROPERTY is in compliance with all environmental laws and regulations; and (3)there are no underground tanks on the PROPERTY INDEMNITY OWNER expressly acknowledges and agrees that it will reimburse, defend, indemnify and hold harmless CONTRACTOR, all Sub-contractors, their successors, assigns and employees from and against any and all liabilities, claims, damages, penalties, expenditures, losses or charges (including, but not limited to, all costs of investigation, monitoring, legal fees, remedial response, removal, restoration or permit acquisition)which may, now or in the future, be undertaken, suffered, paid, awarded, assessed, or otherwise incurred as the result of: (a)any contamination, existing in, on, above or under the PROPERTY (including, but not limited to, contaminated soil, mold, buildings, facilities and/or ground water); (b) any investigation, monitoring, clean up, removal, restoration, remedial response or remedial work undertaken on the PROPERTY; and (c)OWNER'S breach of any warranty given herein. 13. WARRANTIES a. The work of the CONTRACTOR, including materials and labor, shall be warranteed for a period of three (3) years, during which period CONTRACTOR shall at its own expense correct any defect arising from its work unless it is a non-warrantable condition as set out in the Blackdog Builders Client Package. That package shall become a part of this CONTRACT as if fully set forth herein. b. Any and all warranties for appliances or mechanical systems shall be delivered to OWNER as the CONTRACTOR receives them. 03/03/2005 Contract Proposal—Page 11 of 17 c. Notwithstanding any manufacturer's warranty of any component, appliance, or system, no action may be brought against the CONTRACTOR on this CONTRACT for the performance of this work, except as provided above. 14. SEVERABILITY If any portion of this agreement is found invalid or unenforceable by any court, the remaining provisions shall remain in force between the parties. 15. ENTIRE AGREEMENT This CONTRACT consists of the documents defined herein, and constitutes the entire agreement of the parties. It can be modified only by a written document. OWNER acknowledges that he has read and received a legible copy of this agreement signed by CONTRACTOR, before any work was done, and that he has read and received a legible copy of every other do ent that OWNER has signed during the negotiation of this Contract.. ;ev4emid'cuiloug BMITTE . / DATE : r Design Consultant Blackdog Builders, Inc. ACCEPTED: DATE: Jim Verrette DATE: Katie Verrette 03/03/2005 Contract Proposal—Page 12 of 17 Section III Attached Booklet I to the Contract/Proposal for Mr. and Mrs. Jim Verrette Job Specifications 03/03/2005 Contract Proposal—Page 13 of 17 The following paragraphs show the breakdown of the individual phases (rooms, areas, or activities such as site preparation) of the project detailing each principle task. Each phase of the project is defined by a phase heading. The project the specifications have been consolidated and are listed in the order of the work. These specifications outline your entire project as priced in this proposal. If there is work that you want performed and it is not listed in this proposal it is not included and you have not paid for it in the contract p ' Please review these specifications carefully. Client initials Client initials GENERAL CONDITIONS PLANS AND PERMITS _ 01.002. - Pre construction conference - 1 EA r Pre-construction conference with client to review plans, discuss schedule, storage and project access. Approve existing conditions with final approval of plans by owner as well as introducing project manager and lead-carpenter. 01.004. -Administrative fee - 1 EA This fee address the initial set up of your project as well as labor associated with permitting. This item relates to small projects, includes travel. 01.008. - Building Permit -Base Fee - 1 EA SITE PREPARATION 02.147. - Floor removal 1x strip sheathing -240 SF Remove wood surface in each of the 2 bedrooms 02.218. - Interior door removal - 1 EA Remove interior door, frame and trim from interior wall 02.226, - Miscellaneous site preparation labor -6 HR This item addresses additional site preparation related labor that the project will require. 02.315. - Plaster & wood lath ceiling tear-out- 250 SF Remove ceiling covering from ceiling joists 02.341. -Wall gypsum lath & plaster tear-out- 602 SF Tear out wall covering from studs. Either one or both sides of studs based on design and sq ft in estimate. FLOOR FRAMING 06.118. - 3/4" sub floor-252 SF Plywood will be screwed into the joists —through the existing sub floor. Including all materials as required WALL FRAMING 07.003. - Reframe door 8"from its location - 1 EA Reframe bedroom door to center of hallway 07.015. - 1"x 3"furring over ceiling joists -252 SF 03/03/2005 Contract Proposal—Page 14 of 17 Apply wood furring over existing framing 16"oc. Lumber shall be kiln dried SPF#2 or better. We may also add solid blocking as deemed necessary in the field, for appropriate support for new wallboard hanging. The objective is to maximize the ceiling height. DOORS AND TRIM 12.012. -4 wide trim around doors and windows-flat with a 3/16" radius routered on one edge. We will use 3/4"thick stock that will be furred out with 1/4" plywood. - 147 LF Trim each door and window of each of the 2 rooms; Includes 8" high baseboard around each rooms perimeter---we'll furred out the baseboard also 12.110. -2'6" W x 6-6"H pine 6 panel interior door- 1 EA 6 Panel interior pine hinged door 12.330. - Reinstall salvaged interior door - 1 EA Install salvaged interior door---door on site and was purchased by trhe homeowner. HEATING AND COOLING 15.017. - Radiator remove and install -2 EA Remove and install the existing radiators--place on wooden pads for level. Cap each pipe while radiator is not connected. ELECTRICAL 16.000.00- Electrical permit- Small project- 1 EA This item covers the cost of an electrical permit and inspections for a small project with a minimal amount of electrical work. Some typical examples include but are not limited to, basic bathroom remodels and miscellaneous piecework. 16.100. - Electric Duplex outlet, new work-4 EA Install duplex outlets in new work. Installation to include wire and device. This is for the bedroom area 16.115. -Single-pole switch -new work- 1 EA New switch for the new ceiling fixture in the bedroom . 16.120. -Ceiling or Wall Fixture, New work - 1 EA Wire for and install a ceiling fixture in new work conditions. This item covers material and labor. Fixture to be provided by client. See seperate spec for switch. 16.120.01 -Ceiling or Wall Fixture, Old work -2 EA Remove the existing wall scountzes in the bedrooms 16.120.01 - For lower level switch rework to the new ceiling fan and separate switch - 1 EA Rework the existing switch to the new ceiling fan. 16.122. - Recessed light, old work- 1 EA Install a new ceiling fixture (fixture supplied by customer)where the recessed light is. 16.206 - Ceiling fan install, old work- 1 EA Install a customer supplied ceiling fan in the lower level dining room. 03/03/2005 Contract Proposal—Page 15 of 17 16.224. - Hard wire smoke detector connection to box- 1 EA Connect existing fire alarm wiring to the breaker box. The existing wire is assumed to be ready to connect in the existing breaker box. If a"piggy back circuit is required then there would be an up charge of approximately$110; the electrical inspector may require a sub-panel installation where the up charge cost would be approximately$750. The Fire Marshall may also require installation of new hard wired smoke detector in each of the 2 bedrooms ---this would be an up charge of approximately$135.00 each. These items will be verified in the field. 16.225 - Rework as needed -6 EA This item address miscellaneous electrical labor required on all jobs. Specifically, these labor hours will be used in omitting or reworking existing electrical to allow for wall or ceiling removal as well as reframing walls to add or increase openings. Electrical labor may also be used in unusual conditions where standard unit pricing does not address the actual labor required for the work INSULATION 17.016. -Kraftback unfaced R-19 6-1/4 insulation -764 SF Install on exterior walls and in ceiling areas of the 2 bedrooms. Vapor barrier included. INTERIOR WALLS 18.003. —Blue board and skim coat 801-1280sf- 854 SF Install 1/2" blue board plaster base on existing framing. Blue board to be secured with approved, coated drywall screws. Any nails used will be driven to a dimple. All joints and surfaces to be skimmed with 1/8" veneer plaster. This item covers the walls and ceilings of the 2 bedroom areas. The homeowner desires all this board to"die into"the edges of all newly installed trim work; as opposed to all trim being applied over the new wallboard. CLEAN-UP 25.013.02 - Remove debris from site - 1 EA Remove the associated construction debris from site. This may include providing a roll off container for construction debris. This container is for construction debris only. Precautions will be taken to protect the area beneath the container by using blocks to distribute the weight. However, Blackdog is not responsible for damage or depressions in the ground or driveway cause by the container. As with all items in the proposal, please note the quantity of containers included with the proposal. Due to the difficulty in estimating debris volume, you will be charged or credited based on the actual number of roll off containers used. 03/03/2005 Contract Proposal—Page 16 of 17 Blackdog Builders, Inc. Notice of Cancellation Received on this day: Mr. and Mrs. Jim Verrette You may cancel this transaction, without any penalty or obligation, within three business days of the aforementioned transaction date. If you cancel any property traded in, any payments made by you under the agreement, and any negotiable instruments executed by you will be returned within 10 business days following receipt by the CONTRACTOR of your cancellation notice. Any security interest arising out of the transaction will be cancelled. If you cancel, you must make available te4he-CONTRACTOR, at your residence, in substantially as good condition as when received, any goods delivered to you under this agreement. Alternatively you may comply with the instructions of the CONTRACTOR regarding the return shipment of 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(20) days of your notice of cancellation, you may retain or dispose of the goods without further obligation. If you fail to make the goods available to the CONTRACTOR or 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 agreement. To cancel this transaction, mail or deliver a signed and dated copy of this Notice of Cancellation or any other written notice or send a telegram to: Blackdog Builders, Inc. 7 Redro f n i o Lane, Unit#1 Salem, NH 03079 603 898-0868 Not later than midnight of which will be the third day after the aforementioned transaction date. I hereby cancel this transaction. Mr. and Mrs. Jim Verrette Date 03/03/2005 Contract Proposal-Page 17 of 17