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Home My WebLink About23-EB018 53 Cromwell Drive ApprovedSherman, Lisa From: Richard Ventrone <rav9463@gmail.com> Sent: Tuesday, March 28, 2023 1217 PM To: Sherman, Lisa Subject: Re: 23-EB018 S3 Cromwell Drive Attention!: This email originates outside of the organization. Do not open attachments or click links unless you are sure this email is from a known sender and you know the content is safe. Call the sender to verify if unsure. Otherwise delete this email. APPROVED. Thank you. On Tue, Mar 28, 2023 at 12:12 PM Sherman, Lisa <LSherman@yarmouth.ma.us> wrote: Hi Rick, APPROVED MAR 2 8 2023 �ARMOUTh Resident would like to replace roof with Pewterwood at 53 Cromwell Drive. Current color similar. Please let me know if you need any additional information. Thanks Rick, Lisa Lisa Sherman Town of Yarmouth Administrator, Old King's Highway Historic District and Yarmouth Historical Commission 508-398-2231, ext. 1292 Isherman@yarmouth.ma.us �?3 - Ev) e Muto, Inc. 1621 Orleans Rd Harwich Ma 02645 APPROVED MAR 2 8 2023 MRMOU H CONSTRUCTION CONTRACT RECIOVED MAR 2 8 2023 r AftW1UU i rf This Construction Contract (hereinafter the "Contract") is hereby made on 3/21/2023 9:40 AM by and between John Paulson, 53 Cromwell Dr, Yarmouth Port MA 02675 (hereinafter "Client") and Muto, Inc. (Jasen Muto Construction) of 1621 Orleans Rd Harwich Ma 02645 (hereinafter "Contractor"), collectively referred to herein as the "Parties." Article I ENGAGEMENT/DESCRIPTION OF THE WORK A. Contractor shall provide the following construction services (the "Project"): The contractor will be removing the existing Asphalt Shingles. Then the contractor will be installing new CertainTeed Landmark Shinglesas specified in the attached estimate from Muto, Inc. Contractor is responsible for all materials, labor, disposal, and permitting. B. Client engages Contractor and Contractor agrees to provide to Client all necessary services, materials, and labor necessary for the completion of the Project including, but not limited to, all building and construction materials, requisite labor and site security, and all necessary tools and machinery needed for project completion. All construction materials should be new and of the highest quality, unless previously specified by Client. a. In the event that Client is responsible for providing materials and fails to do so, Contractor will supply vendor invoices along with invoicing, including a 20% markup for profit and overhead. C. Contractor shall provide the construction services for the Project at the property located at 53 Cromwell Dr, Yarmouth Port MA 02675 D. This Contract shall be comprised of the following: this Construction Contract, Plans, Specifications, Addenda, Drawings, Photos or other visual representations of the proposed work, and the written Modifications attached to this Contract, properly signed and witnessed, all of which are attached hereto as exhibits. E. In the event that skylights are replaced and interior finish is required, the interior finish will be excluded from this contract and the total due for the items listed in this contract will be deemed complete at the time the specified items in this contract are finished. Final payment will be due upon acceptance of all items in this contract. Article II SCHEDULE AND TIME OF PERFORMANCE A. Contractor will begin work on 3/30/2023 and complete 4/13/2023. B. In the event that Client and Contractor agree on changes to the Project after this Contract is executed, the Parties will agree to new time deadlines that are reasonable in light of the modifications. Article III PAYMENT SCHEDULE kQ Digitally signed with JobNimbus. Document ID: 8B239EDC-6374.4AO7-9799-7AB96AEOB789 Page 1 of 4 A. In consideration of the performance of this Contract, Client agrees to pay Contractor the sum of Sixteen thousand two hundred eighty one dollars and sixty two cents ($16,281.61) (the "Contract Price") on the following payment schedule for the services. B. Contractor shall be paid as follows: The first 10% or $1,628.16 to be paid upfront as a deposit for the materials, disposal, and permitting. A second payment of 40% or $6,512.64 upon start of specified work. The final 50% or $8,140,81 upon completion and satisfaction. C. In the event that there are any items left to bill at the end of the project for substantial project completion, double the cos') of those items will be left unbilled and the remainder will be due. MAR 2 8 7023 Article IV f /-Arllv,Uu € r, CHANGES TO THE WORK OLD KfNG'S HIGH gy� A. All changes or modifications to the work ordered by Client must be made in writing, with appropriate adjustments made to the total payment and payment schedule. The approval of both Parties shall be required for substantial project changes such as the date of completion, project price, and substantive modifications to the project itself, and notification of these changes must be made in a timely manner. B. If these changes should require additional expense to Contractor, Contractor must make a claim for increase in payment, in writing, to Client, in a timely manner. Client must approve this claim for increase in writing prior to any changes to the work, project, or schedule. C. Changes made to color choices after the initial choices has been made must be done via phone with the Contractor's main office. The color change will be confirmed via email from Contractor to Client. JAPPROVED Article V 1 MAR 2 8 2023 DELAYS {�a ivIi1U l'i� A. If Contractor is delayed from completing required work due to unavoidable casualties O `� C'gran't� itor an extension for the completion of work equal to the delay. Unavoidable casualties include, but are not limited to, fire, flood or natural disasters, delayed acquisition of materials or material delivery, and negligence on the part of Client. B. In the event of unavoidable casualties, Contractor shall properly document both the event and the impact of that event on project completion. Documentation shall be presented to Client in a timely manner. Article VI RIGHT TO STOP WORK A. If Contractor fails to correct defective work or persistently fails to supply materials or equipment in accordance with the Contract Documents, Client may order Contractor to stop the work, or any portion thereof, until the cause for such order has been eliminated. Article VII ACCESS AND CONDITION OF PREMISES A. Free access to the work and project site shall be granted by Contractor to Client, the designated agents of Client, and all necessary public authorities. B. Contractor agrees to keep the premises clean and orderly. Contractor shall remove all debris as needed during the hours of work in order to maintain work conditions free of health or safety hazards. C. Contractor will take all reasonable precautions to protect shrubbery and gardens while work is being performed. Contractor will not be responsible for incidental, unavoidable damage. Article VII WORK PERFORMANCE AND WORK QUALITY A. Contractor shall conduct its activities in a professional manner and adhere to the reasonable wishes of Client in relation to its working schedule. Additionally, Contractor's work shall adhere to and be in compliance with both the Standard Practices of the Trades and any relevant Manufacturer's Specifications. B. Contractor shall protect all work adjacent to the Project site from any damage resulting from the work of Contractor and shall repair or replace any damaged work at its own expense. Contractor shall take all precautions to protect persons from injury and unnecessary interference or inconvenience. Digitally signed with JobNimbus. Document ID: 8B239EDC-6374-4AO7-9799-7AB96AEOB789 Page 2 of 4 3._ 01 ? Article IX WARRANTY A. Contractor hereby warrants that the work performed and the Project completed will meet the standards set forth and agreed upon by the Parties. Contractor agrees to fix and otherwise remedy any defects found by Client in the work within "five (5) years" after the date of final completion at Contractor's own cost. This includes defects caused by natural phenomena. B. In the event that Contractor replaces a roof but leaves the existing skylights, any roof leakage originating from those skylights is not covered by this warranty. C. Contractor is only responsible for damage resulting to the Project from negligence, dangerous activities, intentional disregard of professional standards of care normally exercised within the industry, or breach of any governmental statute, ordinance, local rule, or law. Article X INSURANCE A. Contractor shall be responsible for insurance to protect against any property damage, bodily injury, death, or other claims for damages that may result from the commission of the work, including general liability insurance, builder's risk insurance and workers' compensation insurance for its employees or subcontractors. Article XI LICENSES AND PERMITS A. Contractor will be responsible for obtaining the necessary permits and licenses to fulfill the services specified in this Contract. Article XII PINES A. Contractor is responsible for maintaining proper work, safety, and environmental protection standards. Contractor agrees to hold Client harmless for all fines from federal, state, or local agencies and regulators. Contractor will work in compliance with all standards required by the EPA, OSHA, and other applicable federal agencies. Contractor will be responsible for paying all fines and judgments levied by these agencies resultant from the performance of this Contract. Article XIII RELATIONSHIP OF PARTIES A. The relationship created between the Parties shall be limited to that of independent contractors. Neither party shall undertake any actions that would imply or seek to establish, any partnership, ownership, employment, joint venture, or trust relationship between the Parties, except by amendment to this Contract. B. Contractor shall have exclusive authority to execute the work included in this contract. [AOVIF6 Article XIV i MAR 2 8 ?0?3 GENERAL I i AHIVIUu-i Fi A. Both Parties are expressly prohibited from assigning this Contract or any rights or interest flo IGHWAY Assignment will only occur with the express written consent of both Parties. B. This Contract contains the entire agreement and understanding between the Parties and supersedes any prior or contemporaneous written or oral Contracts, representations, and warranties between them respecting the subject matter of this Contract. C. This Contract will be interpreted and enforced under the laws of the State of MA, without regard to conflict of laws. IN WITNESS WHEREOF, the Parties hereto execute this Contract: CLIENT CONTRACTOR Authorized Signature RECOVER MAR 2 S ?W) nniwuv P —QLP _KjNG�6.HI.G,HAAY IQ Digitally signed with JobNimbus. Document ID: 8B239EDC-6374-4A07-9799-7AB96AEOB789 Page 3 of 4 a3-E�sgs- 1pO61k John Paulson ^ de211 a79-1000-40eb-b4b037a... 03/21/2023 Name John Paulson Representative Authorized Signature Name and Title License Number: MA HIC 9 183111 CSL Number: CS-109029 APPROVED MAR 2 8 2023 r ARIVIOU'i h 7MAR CEIVED 2�` -NfA- ,t (7LEJ KIN(-" &�� Q Digitally signed with JobNimbus. Document 0: 8B239EDC-6374-4AO7-9799-7AB96AEOB789 Page 4 of 4