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HomeMy WebLinkAboutBuilding Permit # 2/3/2016 %40RTH 0 BUILDING PERMIT 0 TOWN OF NORTH ANDOVER APPLICATION FOR PLAN EXAMINATION Permit NO: Date Received Area Date Issued: AcHU IMPORTANT: Applicant must complete all items on this page TYPE OF IMPROVEMENT PROPOSED USE Residential Non- Residential [I New Building [] One family [I Addition [I Two or more family 11 Industrial K Alteration No. of units: XCommercial El Repair, replacement [I Assessory Bldg El Others: 11 Demolition [I Other 5 Seperate interior portion of tenant space to create 2 tenant spaces Identification Please Type or Print Clearly) OWNER: Name: Executive Center Limited Partnership Phone: 978-284-8181 .-Address: c/o Boylston Realty Advisors, 355 Middlesex Avenue,Wilmington,MA 01887 ............................ ARCHITECT/ENGINEER. Joseph G. DeMarco Phone: 978-657-7300 Address: 355 Middlesex Avenue,Wilmington,MA 01887 -Reg. No. 3852 FEE SCHEDULE.BULDING PERMIT:$12.00 PER$1000.00 OF THE TOTAL ESTIAJATED COST BASED ON$125.00 PER S.F. Total Project Cost: FEE: $ Check No.: 1'ms r Receipt No.: NOTE: Persons contracting nre i tere co tractors do not have access to the guaranty fund .&0 f '!grlA V Plans Submitted ❑ Flans Waived ❑ Certified'Plot Flan ❑ Stamped Plans ❑ TYPE OF SEWERAGE DISPOSAL Public Sewer ❑ Swumnin Tanning/Massage/Bode Art ❑ g Pools ❑ Well ❑ Tobacco Sales ❑ Food Packaging/Sales ❑ Private(septic tank, etc. ❑ Pe7naaent Dulnpster on Site ❑ THE FOLLOWING SECTIONS FOR OFFICE USE ONLY INTERDEPARTMENTAL SIGN OFF m U FORM i PLANNING & DEVELOPMENT Reviewed On y.'111� Signature_ COMMENTS ��'" ° fi� T�w�{ tS,.�--��;--- USS= ���' t�� 1�1;✓�` pilo �����a �,��'�,�. A-!'cl E—)c T��X! �10�i 4lli CONSERVATION Reviewed on Signature COMMENTS HEALTH Reviewed on Signature COMMENTS Zoning Board of Appeals:Variance, Petition No: Zoning Decision/receipt submitted yes Planning Board Decision: Comments r° Conservation Decision: Comments Water& Suer Connection/Si nature � Date Driveway Permit DPW Town Engineer: Signature: Located 384 Osgood Street FIRE DEPARTtt9dIEN�T Temp Dumpster onsite ;yes no Located af,124 in,Street Fire Depa�trn int s"ighatuoe/date" COMMENTS I ORTH Andover Town of .. _ 0 verass, AVAA&� O ". h / coc NICKl WICK ®S RMTEO r''Q�,`'�5 7 U BOARD OF HEALTH PERMIT Food/Kitchen Septic System L U �� l THIS CERTIFIES THAT ... •.••••• BUILDING INSPECTOR .... . .... ...... Foundation has permission to erect ...... buildings on .. ...4� ••• .................... .............. ............................. Rough tobe occupied as ... . . ....... . .... ...........�ti's.. .. �.................... ... . ... .......... ............ chimney provided that the person accepting this permit shall i every respect conform to the terms of the-application Final on file in this office, and to the provisions of the Codes and By-Laws relating to the Infilon,Alteration and Construction of Buildings in the Town of North Andover. Cc��► L, . PLUMBING INSPECTOR Rough VIOLATION of the Zoning or Building Regulations Voids this Permit. Final PERMIT ® TS ELECTRICAL INSPECTOR UNLESS T I TARTS Rough Service Final�44 .............. � ....................... BUILDING INSPECTOR GAS INSPECTOR Occupancy Permit Required t® Occupy Building Rough r Display in a Conspicuous Place on the Premises — Do Not Remove Final No Lathing or all To Be Done FIRE DEPARTMENT Until Inspected and Approvedthe Building Inspector. Burner Street No. Smoke Det. CHANNEL 1 P A Full-Service Construction Company ISff WIN Enterprises Lease Area Separate interior portion of WIN Enterprises lease area to create vacant tenant space. DEMOLITION I. Demolish existing doors, walls and partitions as shown on drawing. 2. Removal of interior storefront and butt glazed windows at demising wall as shown on drawing. FIT AND FINISH I. All new doors and hardware and partitions and finishes as shown on drawing shall match existing. 2. Complete demising wall (i-hour rated) as shown on drawing. Patch existing partitions to remain where required. GWB to be taped/finished and primed, finish painted on WIN Enterprises side to match adjacent. 3. Patch as required 2'x4' steel suspended grid ceiling with flush 2'x4' fissured lay-in tile to match existing,Armstrong or equal. PLUMBING I. Separate all utilities and meters. 2. Cut& cap all gas and water on the inside of the demising wall. 3. Relocate existing kitchenette as shown on drawing. FIRE PROTECTION I. Relocate/rework existing pendant heads as required. HVAC I. Cut and cap any ductwork crossing the demising wall on the side from which it is fed. 2. Rework ducts, dampers and diffusers as required for the proposed layout. 3. Modifications to duct smoke detectors and dampers as required. 4. Relocation of thermostats, controls and wiring as required. ELECTRICAL I. Separately meter electric services at tenant space via sub meter off existing service. 2. Provide new service for tenant space. 3. Remove and make safe any existing wiring which extends beyond the new demising wall on the respective side it is fed from. 4. All devices and lighting in tenant spaces shall be fed from the services for each respective tenant. 5. Modify exit signs and emergency lights as required by code. FIRE ALARM I. Modify or relocate pull stations, horn/strobes, strobes, duct smoke, fire arm panel and remote test station where required. 355 Middlesex Avenue ■ Wilmington,MA o1887-2i63 ' 978.657.7300 ■ Fax 978.657.7788 www.channelbuilding.com PAGE 1 Initial Construction Control Document N To be submitted with the building permit application by a A d Registered Design Professional for work per the 8th edition of the Ye',4 Massachusetts State Building Code, 780 CMR, Section 107 Project Title: Tenant Subdivision Date: Property Address: 300 Willow Street,North Andover,MA Project: Check(x)one or both as applicable: New construction X Existing Construction Project description: Separate interior portion of lease area to create 2 tenant spaces I Joseph G. DeMarco,MA Registration Number: 3852 Expiration date: 08/31/82016 , am a registered design professional, and I have prepared or directly supervised the preparation of all design plans, computations and specifications concerning': X Architectural Structural Mechanical Fire Protection Electrical Other: for the above named project and that to the best of my knowledge, information,and belief such plans, computations and specifications meet the applicable provisions of the Massachusetts State Building Code,(780 CMR),and accepted engineering practices for the proposed project. I understand and agree that I(or my designee)shall perform the necessary professional services and be present on the construction site on a regular and periodic basis to: 1. Review, for conformance to this code and the design concept, shop drawings,samples and other submittals by the contractor in accordance with the requirements of the construction documents. 2. Perform the duties for registered design professionals in 780 CMR Chapter 17,as applicable. 3. Be present at intervals appropriate to the stage of construction to become generally familiar with the progress and quality of the work and to determine if the work is being performed in a manner consistent with the approved construction documents and this code. Nothing in this document relieves the contractor of its responsibility regarding the provisions of 780 CMR 107. When required by the building official,I shall submit field/progress reports(see item 3.)together with pertinent comments, in a form acceptable to the building official. Upon completion of the work, I shall submit to the building official a`Final Construction Control Document'. '(FRED qRC Enter in the space to the right a"wet"or � electronic signature and seal: a No. 385290 n7 WEYMOUTH MASSACHU TTS v� Phone number: 978-657-7300 Email:jgdemarco527@yahoo.com \2�F SPGR Building Official Use Only Building Official Name: Permit No.: Date: Note 1.Indicate with an`x'project design plans,computations and specifications that you prepared or directly supervised.If`other'is chosen, provide a description. Version 06 11 2013 Initial Construction Control Document v To be submitted with the building permit application by a W Registered Design Professional .o for work per the 81h edition of the Massachusetts State Building Code, 780 CMR, Section 107 O,�M Sip Project Title: Tenant Subdivision Date: Property Address: 300 Willow Street,North Andover,MA Project: Check(x)one or both as applicable: New construction X Existing Construction Project description: Separate interior portion of lease area to create 2 tenant spaces I Joseph G. DeMarco, MA Registration Number: 3852 Expiration date: 08/31/82016 , am a registered design professional, and I have prepared or directly supervised the preparation of all design plans, computations and specifications concerning': X Architectural Structural Mechanical Fire Protection Electrical Other: for the above named project and that to the best of my knowledge, information,and belief such plans, computations and specifications meet the applicable provisions of the Massachusetts State Building Code, (780 CMR), and accepted engineering practices for the proposed project. I understand and agree that I(or my designee) shall perform the necessary professional services and be present on the construction site on a regular and periodic basis to: 1. Review,for conformance to this code and the design concept, shop drawings, samples and other submittals by the contractor in accordance with the requirements of the construction documents. 2. Perform the duties for registered design professionals in 780 CMR Chapter 17,as applicable. 3. Be present at intervals appropriate to the stage of construction to become generally familiar with the progress and quality of the work and to determine if the work is being performed in a manner consistent with the approved construction documents and this code. Nothing in this document relieves the contractor of its responsibility regarding the provisions of 780 CMR 107. When required by the building official, I shall submit field/progress reports (see item 3.)together with pertinent comments, in a form acceptable to the building official. Upon completion of the work, I shall submit to the building official a `Final Construction Control Document'. � FDARCy Enter in the space to the right a"wet"or �c,`� G. 0@��F�, electronic signature and seal: 0co No. 3852 0 N WEYMOUTH O k MASSACHUSETTS J-0 Phone number: 978-657-7300 Email:jgdemarco527@yahoo.com Building Official Use Only I / Building Official Name: Permit No.: Date: V Note 1.Indicate with an`x'project design plans,computations and specifications that you prepared or directly supervised.If`other' is chosen, provide a description. Version 06 11 2013 CHANNEL 1 _ Standard Form of Agreement Between Owner and Design-Builder — Lump Sum This document has important legal consequences. Consultation with an attorney is recommended with respect to its completion or modification. This AGREEMENT is made as of the 25th day of January 2016 by and between the following parties, for services in connection with the Project identified below. OWNER: Executive Center Limited Partnership c/o Boylston Realty Advisors, Inc. 355 Middlesex Avenue Wilmington, Massachusetts 01887 DESIGN-BUILDER: Channel Building Company, Inc. 355 Middlesex Avenue Wilmington, Massachusetts 01887-2163 PROJECT: Subdivision of Existing Win Enterprises Space 300 Willow Street North Andover, Massachusetts 01845 In consideration of the mutual covenants and obligations contained herein, Owner and Design-Builder agree as set forth herein. Standard Form of Agreement Between Owner and Design-Builder—Lump Sum CBC 0712009 version Article 1 Scope of Work 1.1 Design-Builder shall perform with its own staffing, subcontractors, consultants and vendors all design and construction services, and provide all material, equipment, tools and labor, necessary to complete the Work described in and reasonably required from the Contract Documents. Article 2 Contract Documents 2.1 The Contract Documents are comprised of the following and by this reference incorporated herein and made a part hereof: .1 All written modifications, amendments and change orders to this Agreement issued in accordance with Channel Building Company's Standard Form of General Conditions of Contract Between Owner and Design-Builder (CBC 08/2008 version) ("General Conditions of Contract"); .2 This Agreement, including all exhibits and attachments, executed by Owner and Design- Builder; .3 Written Supplementary Conditions, if any, to the General Conditions of Contract executed by Owner and Design-Builder, .4 The General Conditions of Contract; .5 Construction Documents prepared and approved in accordance with Section 2.4 of the General Conditions of Contract that have been accepted by Design-Builder as part of the Work under this Agreement; .8 Design-Builder's Proposal; and .9 The following other documents, if any: 1. EXHIBITA: A1-1 Floor Plan dated 1/19/2016 2. EXHIBIT B: Scope of Work 3. EXHIBIT C: Exclusions 4. EXHIBIT D: Schedule of Values 5. EXHIBIT E: Insurance Certificate Standard Form of Agreement Between 2 Owner and Design-Builder—Lump Sum CBC 07/2009 version Article 3 Interpretation and Intent 3.1 The Contract Documents are intended to permit the parties to complete the Work and all obligations required by the Contract Documents within the Contract Time(s) for the Contract Price. The Contract Documents are intended to be complementary and interpreted in harmony so as to avoid conflict, with words and phrases interpreted in a manner consistent with construction and design industry standards. In the event of any inconsistency, conflict, or ambiguity between or among the Contract Documents, the Contract Documents shall take precedence in the order in which they are listed in Section 2.1 hereof. 3.2 Terms, words and phrases used in the Contract Documents, including this Agreement, shall have the meanings given them in the General Conditions of Contract. 3.3 The Contract Documents form the entire agreement between Owner and Design-Builder and by incorporation herein are as fully binding on the parties as if repeated herein. No oral representations or other agreements have been made by the parties except as specifically stated in the Contract Documents. Article 4 Ownership of Work Product 4.1 Work Product. All drawings, specifications and other documents and electronic data furnished by Design-Builder to Owner under this Agreement ('Work Product ) are deemed to be instruments of service and Design-Builder shall retain the ownership and property interests therein, including the copyrights thereto. 4.2 Owner's Limited License upon Payment in Full. Upon Owner's payment in full for all Work performed under the Contract Documents, Design-Builder shall grant Owner a limited license to use the Work Product in connection with Owner's occupancy of the Project, conditioned on Owner's express understanding that its use of the Work Product is at Owner's sole risk and without liability or legal exposure to Design-Builder or anyone working by or through Design-Builder, including Design Consultants of any tier(collectively the"Indemnified Parties"). 4.3 Owner's Limited License upon Owner's Termination for Convenience or Design-Builder's Election to Terminate. If Owner terminates the Project for its convenience as set forth in Article 8 hereof, or if Design-Builder elects to terminate this Agreement in accordance with Section 11.4 of the General Conditions of Contract, Design-Builder shall, upon Owner's payment in full of the amounts due Design-Builder under the Contract Documents, grant Owner a limited license to use the Work Product to complete the Project and subsequently occupy the Project, conditioned on the following: .1 Use of the Work Product is at Owner's sole risk without liability or legal exposure to any Indemnified Party; and .2 Owner agrees to pay Design-Builder the additional sum of Five Thousand and 00/100 Dollars ($5,000.00) as compensation for the right to use the Work Product in accordance with this Article 4 if Owner resumes the Project through its employees, agents, or third parties. 4.4 Owner's Limited License upon Design-Builder's Default. If this Agreement is terminated due to Design-Builders default pursuant to Section 11.2 of the General Conditions of Contract and (i) it is determined that Design-Builder was in default and (ii) Owner has fully satisfied all of its obligations under the Contract Documents, Design-Builder shall grant Owner a limited license to use the Work Product in connection with Owner's completion and occupancy of the Project. This limited license is conditioned on Owner's express understanding that its use of the Work Product is at Owner's sole risk and without Standard Form of Agreement Between 3 Owner and Design-Builder—Lump Sum CBC 0712009 version liability or legal exposure to any Indemnified Party. (If liquidated damages are applicable to any dates set forth in Section 5.2.2 hereof,this Section 4.4 will need to be modified accordingly.) 4.5 Owner's Indemnification for Use of Work Product. If Owner uses the Work Product under any of the circumstances identified in this Article 4, to the maximum extent permitted by law, the Owner shall defend, indemnify and hold harmless the Indemnified Parties from and against any and all claims, damages, liabilities, losses and expenses, including attorneys' fees, arising out of or resulting from the use of the Work Product. (If an early completion bonus is applicable to any dates set forth in Section 5.2.2 hereof,this Section 4.5 will need to be modified accordingly.) Article 5 Contract Time 5.1 Date of Commencement. The Work shall commence within five (5) days of Design-Builder's receipt of Owner's written Notice to Proceed ("Date of Commencement'), provided that (i) this Agreement has been fully executed, and (ii) all necessary discretionary permits have been applied for and obtained by the Owner, and (iii) the Building Permit has been issued, unless the parties mutually agree otherwise in writing. 5.2 Substantial Completion and Final Completion 5.2.1 Substantial Completion of the entire Work shall be achieved no later than Sixty (60) calendar days after the Date of Commencement("Scheduled Substantial Completion Date"). 5.2.2 Interim milestones and/or Substantial Completion of identified portions of the Work shall be achieved as follows: (insert any interim milestones for portions of the Work with different scheduled dates for Substantial Completion.) Non Specified 5.2.3 Final Completion of the Work or identified portions of the Work shall be achieved as expeditiously as reasonably practicable. 5.2.4 All of the dates set forth in this Article 5 ("Contract Time(s)") shall be subject to adjustment in accordance with the General Conditions of Contract. 5.3 Time is of the Essence. Owner and Design-Builder mutually agree that time is of the essence with respect to the dates and times set forth in the Contract Documents. 5.4 Liquidated Damages. Design-Builder understands that if Substantial Completion is not attained by the Scheduled Substantial Completion Date, subject to extensions allowed by the Contract Documents, Owner will suffer damages which are difficult to determine and accurately specify. Design- Builder agrees that if Substantial Completion is not attained by Thirty (30) calendar days after the Scheduled Substantial Completion Date (the "LD Date"), Design-Builder shall pay Owner One Hundred and 00/100 Dollars ($100.00) as liquidated damages for each day that Substantial Completion extends beyond the LD Date. The liquidated damages provided herein shall be in lieu of all liability for any and all extra costs, losses, expenses, claims, penalties and any other damages, whether special or consequential, and of whatsoever nature incurred by Owner which are occasioned by any delay in achieving Substantial Completion. (If liquidated damages are applicable to any dates set forth in Section 5.2.2 hereof, this Section 5.4 will need to be modified accordingly.) 5.5 Early Completion Bonus. If Substantial Completion is attained on or before Thirty (30) calendar days before the Scheduled Substantial Completion Date (the "Bonus Date"), Owner shall pay Design-Builder at the time of Final Payment under Section 7.3 hereof an early completion bonus of One Hundred and 00/100 Dollars ($100.00) for each day that Substantial Completion is attained earlier than the Bonus Date. (If an early completion bonus is applicable to any dates set forth in Section 5.2.2 hereof, this Section 5.5 will need to be modified accordingly.) Standard Form of Agreement Between 4 Owner and Design-Builder—Lump Sum CBC 07/2009 version Article 6 Contract Price 6.1 Contract Price. Owner shall pay Design-Builder in accordance with Article 6 of the General Conditions of Contract the sum of One Hundred Eighteen Thousand Fifty and 00/100 Dollars ($118,050.00) ("Contract Price"), subject to adjustments made in accordance with the General Conditions of Contract. Unless otherwise provided in the Contract Documents, the Contract Price is deemed to include all sales, use, consumer and other taxes mandated by applicable Legal Requirements. 6.2 Markups for Changes. If the Contract Price requires an adjustment due to changes in the Work, and the cost of such changes is determined under Sections 9.4.1 of the General Conditions of Contract, the following markups shall be allowed on such changes: Markup Rate for Changes: Fourteen percent(14%) Article 7 Procedure for Payment 7.1 Progress Payments 7.1.1 Design-Builder shall submit to Owner on or about the Fifth (5th) day of each month, beginning with the first month after the Date of Commencement, Design-Builders Application for Payment in accordance with Article 6 of the General Conditions of Contract. 7.1.2 Owner shall make payment within ten (10) days after Owner's receipt of each properly submitted and accurate Application for Payment in accordance with Article 6 of the General Conditions of Contract, but in each case less the total of payments previously made, and less amounts properly withheld under Section 6.3 of the General Conditions of Contract. 7.2 Retainage on Progress Payments 7.2.1 Owner will retain zero percent (0%) of each Application for Payment. Owner will reasonably consider reducing retainage for Subcontractors completing their work early in the Project. 7.2.2 There shall be zero percent(0%) retainage withheld on the General Conditions. 7.2.3 Upon Substantial Completion of the entire Work or, if applicable, any portion of the Work, pursuant to Section 6.6 of the General Conditions of Contract, Owner shall release to Design-Builder all retained amounts relating, as applicable, to the entire Work or completed portion of the Work, less an amount equal to the reasonable value of all remaining or incomplete items of Work as noted in the Certificate of Substantial Completion. 7.3 Final Payment. Design-Builder shall submit its Final Application for Payment to Owner in accordance with Section 6.7 of the General Conditions of Contract. Owner shall make payment on Design-Builder's properly submitted and accurate Final Application for Payment within ten (10) days after Owner's receipt of the Final Application for Payment, provided that Design-Builder has satisfied the requirements for final payment set forth in Section 6.7.2 of the General Conditions of Contract. 7.4 Interest. Payments due and unpaid by Owner to Design-Builder, whether progress payments or final payment, shall bear interest commencing five (5)days after payment is due at the statutory rate. 7.5 Record Keeping and Finance Controls. With respect to changes in the Work performed on a cost basis by Design-Builder pursuant to the Contract Documents, Design-Builder shall keep full and detailed accounts and exercise such controls as may be necessary for proper financial management, using accounting and control systems in accordance with generally accepted accounting principles. Standard Form of Agreement Between 5 Owner and Design-Builder—Lump Sum CBC 0712009 version During the performance of the Work and for a period of one (1) year after Substantial Completion, Owner and Owner's accountants shall be afforded access from time to time, upon reasonable notice, to Design- Builder's records, books, correspondence, receipts, subcontracts, purchase orders, vouchers, memoranda and other data relating to changes in the Work performed on a cost basis in accordance with the Contract Documents, all of which Design-Builder shall preserve for a period of one (1) year after Substantial Completion. Article 8 Termination for Convenience 8.1 Upon ten (10) days written notice to Design-Builder, Owner may, for its convenience and without cause, elect to terminate this Agreement. In such event, Owner shall pay Design-Builder for the following: .1 All Work executed and for proven loss, cost or expense in connection with the Work; .2 The reasonable costs and expenses attributable to such termination, including demobilization costs and amounts due in settlement of terminated contracts with Subcontractors and Design Consultants; and .3 Overhead and profit in the amount of Fourteen percent(14%) on the sum of items .1 and .2 above. 8.2 In addition to the amounts set forth in Section 8.1 above, Design-Builder shall be entitled to receive one of the following as applicable: .1 If Owner terminates this Agreement prior to commencement of construction, Design- Builder shall be paid Five percent(5%)of the remaining balance of the Contract Price. .2 If Owner terminates this Agreement after commencement of construction, Design-Builder shall be paid Fourteen percent(14%) of the remaining balance of the Contract Price. 8.3 If Owner terminates this Agreement pursuant to Section 8.1 above and proceeds to design and construct the Project through its employees, agents or third parties, Owner's rights to use the Work Product shall be as set forth in Section 4.3 hereof. Article 9 Representatives of the Parties 9.1 Owner's Representatives 9.1.1 Owner designates the individual listed below as its Senior Representative ("Owner's Senior Representative"), which individual has the authority and responsibility for avoiding and resolving disputes under Section 10.2.3 of the General Conditions of Contract: Robert Webster Executive Center Limited Partnership c/o Boylston Realty Advisors, Inc. 355 Middlesex Avenue Wilmington, Massachusetts 01887 Standard Form of Agreement Between B Owner and Design-Builder—Lump Sum CBC 0712009 version 9.1.2 Owner designates the individual listed below as its Owner's Representative, which individual has the authority and responsibility set forth in Section 3.4 of the General Conditions of Contract: Robert Webster Executive Center Limited Partnership c/o Boylston Realty Advisors, Inc. 355 Middlesex Avenue Wilmington, Massachusetts 01887 9.2 Design-Builder's Representatives 9.2.1 Design-Builder designates the individual listed below as its Senior Representative ("Design- Builder's Senior Representative"), which individual has the authority and responsibility for avoiding and resolving disputes under Section 10.2.3 of the General Conditions of Contract: Jerry Diorio, Vice President Channel Building Company, Inc. 355 Middlesex Avenue Wilmington, Massachusetts 01887-2163 978-284-8112 9.2.2 Design-Builder designates the individual listed below as its Design-Builder's Representative, which individual has the authority and responsibility set forth in Section 2.1.1 of the General Conditions of Contract Joseph Gaukstern, Project Manager Channel Building Company, Inc. 355 Middlesex Avenue Wilmington, Massachusetts 01887-2163 978-284-8126 Article 10 Bonds and Insurance 10.1 Insurance. Design-Builder shall procure in accordance with Article 5 of the General Conditions of Contract the following insurance coverages: See enclosed insurance certificate. 10.2 Bonds and Other Performance Security. Design-Builder shall provide the following performance bond and labor and material payment bond or other performance security: Bonds are not required at this time. Article 11 Other Provisions 11.1 Other provisions, if any, are as follows: 11.1.1 Owner and the Design-Builder agree to act in good faith and in a reasonable manner in all dealings with each other in connection with the Work and the Project. Whenever action, consent or approval of the Owner is required, said action, consent or approval shall not be unreasonably withheld, conditioned, or delayed. Standard Form of Agreement Between 7 Owner and Design-Builder—Lump Sum CBC 07/2009 version 11.1.2 Escalation Clause. This Agreement's initial Contract Price includes the cost of materials, products, assemblies and fabricated items based on current pricing at the time the estimate, budget or initial Contract Price was developed or stated in the Agreement. Escalation costs on any of Design- Builder's or Subcontractor's individual item(s) in excess of two and one-half percent(2.5%) of the current pricing at the time the estimate, budget or initial Contract Price was developed or stated to are not included in this Agreement and the Design-Builder specifically excludes any costs, contingency or risks associated with escalation price increases beyond the two and one-half percent(2.5%) on any individual item(s). Notwithstanding anything to the contrary contained in this Agreement, the Owner agrees to execute a Change Order to increase the Contract Price for all costs associated with such escalation costs in excess of the percentage amount stated herein. In executing this Agreement, Owner and Design-Builder each individually represents that it has the necessary financial resources to fulfill its obligations under this Agreement, and each has the necessary corporate approvals to execute this Agreement, and perform the services described herein. OWNER: DESIGN-BUILER: Executive Center Limited Partnership Chann ildi Cinpany, Inc. (Name o weer) Name of Des !de gn- " (Sig ft"), (Signa re) V_Q f' VV �yQ.�O Jerry Diorio (PnnteCt Name) (Printed Name) Manager Vice President (Title) (Title) Date: 02 �Z Date: 2� Standard Form of Agreement Between 8 Owner and Daslgn•Bullder—Lump Sum CBC 0712009 version -_ U1 Standard Form of General Conditions of Contract Between Owner and Design-Builder This document has important legal consequences. Consultation with an attorney is recommended with respect to its completion or modification. Table of Contents Article 1: General 2 Article 2: Design-Builder's Services and Responsibilities 2 Article 3: Owner's Services and Responsibilities 5 Article 4: Hazardous Conditions and Differing Site Conditions 6 Article 5: Insurance and Bonds Article 6: Payment $ Article 7: Indemnification 10 Article 8: Time 10 Article 9: Changes to the Contract Price and Time 11 Article 10: Contract Adjustments and Disputes 12 Article 11: Stop Work and Termination for Cause 13 Article 12: Miscellaneous 14 Standard Form of General Conditions of Contract Between Page 1 Owner and Design-Builder CBC 0812008 version Article 1 jurisdiction over the Project or Site, the practices General involved in the Project or Site, or any Work. 1.1 Mutual Obligations 1.2.9 Owner's Project Criteria are developed by or for Owner to describe Owner's program requirements 1.1.1 Owner and Design-Builder commit at all and objectives for the Project, including use, space, times to cooperate fully with each other, and proceed price, time, site and expandability requirements, as on the basis of trust and good faith, to permit each well as submittal requirements and other party to realize the benefits afforded under the requirements governing Design-Builder's performance Contract Documents. of the Work. Owner's Project Criteria may include conceptual documents, design criteria, performance 1.2 Basic Definitions requirements and other Project-specific technical materials and requirements. 1.2.1 Agreement refers to the executed contract 1.2.10 Site is the land or premises on which the between Owner and Design-Builder under a certain Owner and Design-Builder Agreement by and Project is located. between Executive Center Limited Partnership and 1.2.11 Subcontractor is any person or entity Channel Building Company, Inc. dated January 25, retained by Design-Builder as an independent 2016. contractor to perform a portion of the Work and shall 1.2.2 Allowances are amounts included in the include materialmen and suppliers. Lump Sum Agreement or cost of the work of the GMP 1.2.12 Sub-Subcontractor is any person or entity Agreement. If the actual cost incurred is less than the retained by a Subcontractor as an independent Allowance budget, then a credit Change Order will be contractor to perform any portion of a Subcontractor's done to the Lump Sum or GMP Agreement at cost. Work and shall include materialmen and suppliers. Costs incurred in excess of the Allowance budget shall constitute a change in the Work, and a Change 1.2.13 Substantial Completion is the date on which Order will be executed to include the additional cost the Work, or an agreed upon portion of the Work, is plus General Conditions and the allowable Markup or sufficiently complete so that Owner can occupy and Fee. use the Project or a portion thereof for its intended 1.2.3 Alternates are costs which are not included purposes. in the Lump Sum or GMP Agreement. The Alternate 1.2.14 Work is comprised of all Design-Builder's shall be accepted by the Owner in a timely manner as n the Agreement and shall constitute a design, construction and other services required by outlined i change t the Work and the Lump Sum or GMP shall the Contract Documents, including procuring and be adjusted accordingly by a Change Order. furnishing all materials, equipment, services and labor reasonably inferable from the Contract Documents. 1.2.4 Day or Days shall mean calendar days 1.2.15 Winter Conditions are comprised of any unless otherwise specifically noted in the Contract items required to perform the Work in inclement Documents. weather, which are typically not required during the 1.2.5 Design Consultant is a qualified, licensed summer, such as, but not limited to, hot water design professional who is not an employee of concrete, cold weather concrete procedures or Design-Builder, but is retained by Design-Builder, or additives, protection from or removal of frost and its employed or retained by anyone under contract with replacement of unfrozen material, snow and ice Design-Builder or Subcontractor, to furnish design removal,tenting, heating,etc. services required under the Contract Documents. Article 2 1.2.6 Hazardous Conditions are any materials, Design-Builder's Services and wastes, substances and chemicals deemed to be Responsibilities hazardous under applicable Legal Requirements, or the handling, storage, remediation, or disposal of 2.1 General Services which are regulated by applicable Legal Requirements. 2.1.1 Design-Builder's Representative shall be reasonably available to Owner and shall have the 1.2.7 General Conditions of Contract refer to this necessary expertise and experience required to Channel Building Company, Inc. Document, Standard supervise the Work. Design-Builder's Representative Form of General Conditions of Contract Between shall communicate regularly with Owner and shall be Owner and Design-Builder(CBC 08/2008 version). vested with the authority to act on behalf of Design- Builder. Design-Builder's Representative may be 1.2.8 Legal Requirements are all applicable replaced only with the mutual agreement of Owner federal, state and local laws, codes, ordinances, and Design-Builder. rules, regulations, orders and decrees of any government or quasi-government entity having Standard Form of General Conditions of Contract Between Page 2 Owner and Design-Builder CBC 08/2008 version 2.1.2 Design-Builder shall provide Owner with forth in an exhibit to the Agreement entitled periodic updates detailing the progress of the Work, "Performance Standard Requirements," the design including whether (i) the Work is proceeding professional services shall be performed to achieve according to schedule, (ii) discrepancies, conflicts, or such standards. ambiguities exist in the Contract Documents that require resolution, (iii) health and safety issues exist 2.4 Design Development Services in connection with the Work, and (iv) other items requiring resolution so as not to jeopardize Design- 2.4.1 Design-Builder and Owner shall, consistent Builder's ability to complete the Work for the Contract with any applicable provision of the Contract Price and within the Contract Time(s). Documents, agree upon any interim design submissions that Owner may wish to review, which 2.1.3 Design-Builder shall prepare and submit, at interim design submissions may include design least two (2) days prior to the meeting contemplated criteria, drawings, diagrams and specifications setting by Section 2.1.4 hereof, a draft schedule for the forth the Project requirements. On or about the time of execution of the Work for Owner's review and the scheduled submissions, Design-Builder and response. The schedule shall indicate the dates for Owner shall meet and confer about the submissions, the start and completion of the various stages of with Design-Builder identifying during such meetings, Work, including the dates when Owner information among other things, the evolution of the design and and approvals are required to enable Design-Builder any significant changes or deviations from the to achieve the Contract Time(s). The schedule shall Contract Documents, or, if applicable, previously be revised as required by conditions and progress of submitted design submissions. Minutes of the the Work, but such revisions shall not relieve Design- meetings will be maintained by Design-Builder and Builder of its obligations to complete the Work within provided to all attendees for review. Following the the Contract Time(s), as such dates may be adjusted design review meeting, Owner shall review and in accordance with the Contract Documents. Owner's approve the interim design submissions in a time that review of and response to the schedule shall not be is consistent with the turnaround times set forth in construed as relieving Design-Builder of its complete Design-Builder's schedule. and exclusive control over the means, methods, sequences and techniques for executing the Work. 2.4.2 Design-Builder shall submit to Owner Construction Documents setting forth in detail 2.1.4 The parties will meet within ten (10) days drawings and specifications describing the after execution of the Agreement to discuss issues requirements for construction of the Work. The affecting the administration of the Work and to Construction Documents shall be consistent with the implement the necessary procedures, including those latest set of interim design submissions, as such relating to submittals and payment, to facilitate the submissions may have been modified in a design ability of the parties to perform their obligations under review meeting. The parties shall have a design the Contract Documents. review meeting to discuss, and Owner shall review and approve, the Construction Documents in 2.2 Design Professional Services accordance with the procedures set forth Section 2.4.1 above. Design-Builder shall proceed with 2.2.1 Design-Builder shall, consistent with construction in accordance with the approved applicable state licensing laws, provide through Construction Documents and shall submit one set of qualified, licensed design professionals employed by approved Construction Documents to Owner prior to Design-Builder, or procured from qualified, commencement of construction. independent licensed Design Consultants, the necessary design services, including architectural, 2.4.3 Owner's review and approval of interim engineering and other design professional services, design submissions and the Construction Documents for the preparation of the required drawings, is for the purpose of mutually establishing a specifications and other design submittals to permit conformed set of Contract Documents compatible Design-Builder to complete the Work consistent with with the requirements of the Work. Neither Owner's the Contract Documents. Nothing in the Contract review nor approval of any interim design Documents is intended or deemed to create any legal submissions and Construction Documents shall be or contractual relationship between Owner and any deemed to transfer any design liability from Design- Design Consultant. Builder to Owner. 2.3 Standard of Care for Design Professional 2.4.4 To the extent not prohibited by the Contract Services Documents or Legal Requirements and the Projects intended use, Design-Builder may prepare interim 2.3.1 The standard of care for all design design submissions and Construction Documents for professional services performed to execute the Work a portion of the Work to permit construction to shall be the care and skill ordinarily used by members proceed on that portion of the Work prior to of the design profession practicing under similar completion of the Construction Documents for the conditions at the same time and locality of the Project. entire Work. Notwithstanding the preceding sentence, if the parties agree upon specific performance standards for any 2.5 Legal Requirements and Notices aspect of the Work, which standards are to be set Standard Form of General Conditions of Contract Between Page 3 Owner and Design-Builder CBC 0812008 version 2.5.1 Design-Builder shall perform the Work in Subcontractors and any acts and omissions in accordance with all Legal Requirements and shall connection with such performance. Nothing in the provide all notices applicable to the Work. Contract Documents is intended or deemed to create any legal or contractual relationship between Owner 2.5.2 The Contract Price and/or Contract Time(s) and any Subcontractor or Sub-Subcontractor, shall be adjusted to compensate Design-Builder for including but not limited to any third-party beneficiary the effects of any changes in the Legal Requirements rights. enacted after the date of the Agreement affecting the performance of the Work, or if a Guaranteed 2.7.5 Design-Builder shall coordinate the activities Maximum Price is established after the date of the of all Subcontractors. If Owner performs other work Agreement, the date the parties agree upon the on the Project or at the Site with separate contractors Guaranteed Maximum Price. Such effects may under Owner's control, Design-Builder agrees to include, without limitation, revisions Design-Builder is reasonably cooperate and coordinate its activities with required to make to the Construction Documents those of such separate contractors so that the Project because of changes in Legal Requirements. can be completed in an orderly and coordinated manner without unreasonable disruption. 2.5.3 Design-Builder may file a Notice of Contract or other similar legal instrument(s)as allowed by law. 2.7.6 Design-Builder shall keep the Site reasonably free from debris, trash and construction 2.6 Government Approvals and Permits wastes to permit Design-Builder to perform its construction services efficiently, safely and without 2.6.1 Except as identified in the Design Builder's interfering with the use of adjacent land areas. Upon Permit List attached as an exhibit to the Agreement, Substantial Completion of the Work, or a portion of Owner shall obtain and pay for all necessary permits, the Work, Design-Builder shall remove all debris, approvals, licenses, government charges and trash, construction wastes, materials, equipment, inspection fees required for the prosecution of the machinery and tools arising from the Work or Work by any government or quasi-government entity applicable portions thereof to permit Owner to occupy having jurisdiction over the Project. the Project or a portion of the Project for its intended use. 2.6.2 Design-Builder shall provide reasonable assistance to Owner in obtaining those permits, 2.8 Design-Builder's Responsibility for approvals and licenses that are Owner's Project Safety responsibility. 2.8.1 Design-Builder recognizes the importance of 2.7 Design-Builder's Construction Phase performing the Work in a safe manner so as to Services prevent damage, injury or loss to (i) all individuals at the Site, whether working or visiting, (ii) the Work, 2.7.1 Unless otherwise provided in the Contract including materials and equipment incorporated into Documents to be the responsibility of Owner or a the Work or stored on-Site or off-Site, and(iii)all other separate contractor, Design-Builder shall provide property at the Site or adjacent thereto. Design- through itself or Subcontractors the necessary Builder will require all Subcontractors to implement supervision, labor, inspection, testing, start-up, and monitor all safety precautions and programs material, equipment, machinery, temporary utilities related to the performance of their Work. Design- and other temporary facilities to permit Design-Builder Builder shall, prior to commencing construction, to complete construction of the Project consistent with designate a Safety Representative with the necessary the Contract Documents. qualifications and experience to ensure the implementation and monitoring of all safety 2.7.2 Design-Builder shall perform all construction precautions and programs by Subcontractors related activities efficiently and with the requisite expertise, to the Work. Unless otherwise required by the skill and competence to satisfy the requirements of Contract Documents, Design-Builders Safety the Contract Documents. Design-Builder shall at all Representative shall be an individual stationed at the times exercise complete and exclusive control over Site who may have responsibilities on the Project in the means, methods, sequences and techniques of addition to safety. The Safety Representative shall construction. make routine daily inspections of the Site and shall hold weekly safety meetings with Design-Builder's 2.7.3 Design-Builder shall employ only personnel, Subcontractors and others as applicable. If Subcontractors who are duly licensed and qualified to a Safety Representative is not specifically designated, perform the Work consistent with the Contract the Superintendent shall be considered the Safety Documents. Owner may reasonably object to Design- Representative. Builder's selection of any Subcontractor, provided that the Contract Price and/or Contract Time(s) shall be 2.8.2 Design-Builder and Subcontractors shall adjusted to the extent that Owners decision impacts comply with all Legal Requirements relating to safety, Design-Builder's cost and/or time of performance. as well as any Owner-specific safety requirements set forth in the Contract Documents, provided that such 2.7.4 Design-Builder assumes responsibility to Owner-specific requirements do not violate any Owner for the proper performance of the Work of applicable Legal Requirement. Design-Builder will Standard Form of General Conditions of Contract Between Page 4 Owner and Design-Builder CBC 08/2008 version immediately report in writing any safety-related injury, shall be responsible for all reasonable costs incurred loss, damage or accident arising from the Work to by Owner in performing such correction. If the Owner's Representative and, to the extent mandated nonconforming Work creates an emergency requiring by Legal Requirements, to all government or quasi- an immediate response, the seven (7) day periods government authorities having jurisdiction over safety- identified herein shall be deemed inapplicable. related matters involving the Project or the Work. 2.10.3 The one (1) year period referenced in 2.8.3 Design-Builder's responsibilities for safety Section 2.10.1 above applies only to Design-Builder's under this Section 2.8 are not intended in any way to obligation to correct nonconforming Work and is not relieve Subcontractors and Sub-Subcontractors of intended to constitute a period of limitations for any their own contractual and legal obligations and other rights or remedies Owner may have regarding responsibility for (i) complying with all Legal Design-Builder's other obligations under the Contract Requirements, including those related to health and Documents. safety matters, and (ii)taking all necessary measures to implement and monitor all safety precautions and Article 3 programs to guard against injury, losses, damages or Owner's Services and accidents resulting from their performance of the Responsibilities Work. 2.9 Design-Builder's Warranty 3.1 Duty to Cooperate 2.9.1 For one(1)year from the date of Substantial 3.1.1 Owner shall, throughout the performance of Completion, Design-Builder warrants to Owner that the Work, cooperate with Design-Builder and perform the construction, including all materials and its responsibilities, obligations and services in a timely equipment furnished as part of the construction, shall manner to facilitate Design-Builder's timely and be new unless otherwise specified in the Contract efficient performance of the Work and so as not to Documents, of good quality, in conformance with the delay or interfere with Design-Builder's performance Contract Documents and free of defects in materials of its obligations under the Contract Documents. and workmanship. Design-Builder's warranty obligation excludes variations in natural materials, ppy Owner shall provide timely reviews and a defects caused by abuse, alterations, or failure to approvals of interim design submissions and maintain the Work by persons other than Design- Construction Documents consistent with the turnaround times set forth in Builder or anyone for whose acts Design-Builder may Design-Builders be liable. Nothing in this warranty is intended to limit schedule. any manufacturer's warranty which provides Owner with greater warranty rights than set forth in this 3.2 Furnishing of Services and Information Section 2.9 or the Contract Documents. Design- Builder will provide Owner with all manufacturers 3.2.1 Unless expressly stated to the contrary in the warranties upon Substantial Completion. Contract Documents, Owner shall provide, at its own cost and expense, for Design-Builder's information 2.10 Correction of Defective Work and use the following, all of which Design-Builder is entitled to rely upon in performing the Work: 2.10.1 Design-Builder agrees to correct any Work that is found to not be in conformance with the Surveys describing the property, b Contract Documents, including that part of the Work boundaries,topography and reference points subject to Section 2.9 hereof, within a period of one for use during construction, including existing (1) year from the date of Substantial Completion of service and utility lines; the Work or any portion of the Work, or within such longer period to the extent required by the Contract s Geotechnical studies describing Documents. subsurface conditions, and other surveys describing other latent or concealed physical 2.10.2 Design-Builder shall,within seven(7)days of conditions at the Site; receipt of written notice from Owner that the Work is not in conformance with the Contract Documents, .3 Temporary and permanent easements, zoning and other requirements take meaningful steps to commence correction of such nonconforming Work, including the correction, and encumbrances affecting land use, removal or replacement of the nonconforming Work necessary to permit the proper design and construction of the Project and enable and any damage caused to other parts of the Work affected by the nonconforming Work. If Design- Design-Builder to perform the Work; Builder fails to commence the necessary steps within such seven (7) day period, Owner, in addition to any A legal description of the Site, in other remedies provided under the Contract including Registry of Deeds location, book and page number of recorded property; Documents, may provide Design-Builder with written notice that Owner will commence correction of such nonconforming Work with its own forces. If Owner does perform such corrective Work, Design-Builder Standard Form of General Conditions of Contract Between Page 5 Owner and Design-Builder CBC 0812008 version .5 To the extent available, as-built and 3.5.2 Owner shall provide reasonable assistance record drawings of any existing structures at to Design-Builder in obtaining those permits, the Site; and approvals and licenses that are Design-Builder's responsibility. .6 To the extent available, environmental studies, reports and impact 3.6 Owner's Separate Contractors statements describing the environmental conditions, including Hazardous Conditions, 3.6.1 Owner is responsible for all work performed in existence at the Site. on the Project or at the Site by separate contractors under Owner's control. Owner shall contractually 3.2.2 Owner is responsible for securing and require its separate contractors to cooperate with, and executing all necessary agreements with adjacent coordinate their activities so as not to interfere with, land or property owners that are necessary to enable Design-Builder in order to enable Design-Builder to Design-Builder to perform the Work. Owner is further timely complete the Work consistent with the Contract responsible for all costs, including attorneys' fees, Documents. incurred in securing these necessary agreements. Article 4 3.3 Financial Information Hazardous Conditions and 3.3.1 The Owner hereby represents and warrants Differing Site Conditions that it has the legal right to construct the Work that is authorized by the Owner to be performed hereunder 4.1 Hazardous Conditions and to direct the Design-Builder to proceed with the Project and the Work. 4.1.1 Unless otherwise expressly provided in the Contract Documents to be part of the Work, Design- 3.3.2 At anytime Design-Builder may request and Builder is not responsible for any Hazardous Owner shall promptly furnish reasonable evidence Conditions encountered at the Site. Upon satisfactory to Design-Builder that Owner has encountering any Hazardous Conditions, Design- adequate funds available and committed to fulfill all of Builder will stop Work immediately in the affected Owner's contractual obligations under the Contract area and duly notify Owner and, if required by Legal Documents. If Owner fails to furnish such financial Requirements, all government or quasi-government information in a timely manner, Design-Builder may entities with jurisdiction over the Project or Site. stop Work under Section 11.3 hereof or exercise any other right permitted under the Contract Documents. suspected Upon receiving notice of the presence of suspected Hazardous Conditions, Owner shall take 3.3.3 Design-Builder shall cooperate with the the necessary measures required to ensure that the reasonable requirements of Owner's lenders or other Hazardous Conditions are remediated or rendered financial sources. Notwithstanding the preceding harmless. Such necessary measures shall include sentence, after execution of the Agreement, Design- Owner retaining qualified independent experts to (i) Builder shall have no obligation to execute for Owner ascertain whether Hazardous Conditions have or Owner's lenders or other financial sources any actually been encountered, and, if they have been documents or agreements that require Design-Builder encountered, (ii) prescribe the remedial measures to assume obligations or responsibilities greater or that Owner must take either to remove the Hazardous different than those existing obligations Design- Conditions or render the Hazardous Conditions Builder has under the Contract Documents. harmless. 3.4 Owner's Representative 4.1.3 Design-Builder shall be obligated to resume Work at the affected area of the Project only after 3.4.1 Owner's Representative shall be responsible Owner's expert provides it with written certification for providing Owner-supplied information and that(i)the Hazardous Conditions have been removed approvals in a timely manner to permit Design-Builder or rendered harmless and (ii) all necessary approvals to fulfill its obligations under the Contract Documents. have been obtained from all government and quasi- Owner's Representative shall also provide Design- government entities having jurisdiction over the Builder with prompt notice if it observes any failure on Project or Site. the part of Design-Builder to fulfill its contractual 4.1.4 Design-Builder is entitled, in accordance with obligations, including any errors, omissions or defects in the performance of the Work. these General Conditions of Contract, to an adjustment in its Contract Price and/or Contract 3.5 Government Approvals and Permits Time(s) to the extent Design-Builder's cost and/or time of performance have been adversely impacted 3.5.1 Owner shall obtain and pay for all necessary by the presence of Hazardous Conditions. permits, approvals, licenses, government charges and inspection fees except for those which are set forth in 4.1.5 To the fullest extent permitted by law, Owner Design- the Design-Builder's Permit List attached as an exhibit shall indemnify, defend and hold harmless Design, to the Agreement. Builder, Design Consultants, Subcontractors, materialmen, suppliers, anyone employed directly or Standard Form of General Conditions of Contract Between Page 6 Owner and Design-Builder CBC 0812008 version indirectly for any of them, and their officers, directors, .2 Coverage for claims by Design- employees and agents, from and against any and all Builder's employees for bodily injury, claims, losses, damages, liabilities and expenses, sickness, disease,or death; including attorneys' fees and expenses, arising out of or resulting from the presence, removal or .3 Coverage for claims by any person remediation of Hazardous Conditions at the Site. other than Design-Builder's employees for bodily injury,sickness, disease, or death; 4.1.6 Notwithstanding the preceding provisions of this Section 4.1, Owner is not responsible for .4 Coverage for usual personal injury Hazardous Conditions introduced to the Site by liability claims for damages sustained by a Design-Builder, Subcontractors or anyone for whose person other than an employee of the acts they may be liable. Design-Builder shall Design-Builder; indemnify, defend and hold harmless Owner and Owner's officers, directors, employees and agents .5 Coverage for claims for damages from and against all claims, losses, damages, (other than to the Work) because of injury to liabilities and expenses, including attorneys' fees and or destruction of tangible property, including expenses, arising out of or resulting from those loss of use; Hazardous Conditions introduced to the Site by Design-Builder, Subcontractors or anyone for whose .6 Coverage for claims of damages acts they may be liable. because of bodily injury or death, or property damage resulting from ownership, use and 4.2 Differing Site Conditions maintenance of any motor vehicle; and 4.2.1 Concealed or latent physical conditions or .7 Coverage for contractual liability subsurface conditions at the Site that (i) materially claims arising out of Design-Builder's differ from the conditions indicated in the Contract obligations under Section 7.3.1 hereof. Documents or (ii) are of an unusual nature, differing materially from the conditions ordinarily encountered 5.1.2 Design-Builder's liability insurance required and generally recognized as inherent in the Work are by Section 5.1.1 above shall be written for the collectively referred to herein as "Differing Site coverage amounts set forth in the Agreement and Conditions." If Design-Builder encounters a Differing shall include completed operations insurance for the Site Condition, then Design-Builder is entitled to an period of one(1)year. adjustment in the Contract Price and/or Contract Time(s) to the extent Design-Builder's cost and/or 5.1.3.1 Notwithstanding anything to the contrary set time of performance are adversely impacted by the forth elsewhere herein, the Contract Documents or Differing Site Condition. any other documents, the Owner hereby agrees that for it and anyone claiming by, through or under the 4.2.2 Upon encountering a Differing Site Owner for any damages resulting from the Design- Condition, Design-Builder shall provide prompt written Builder's errors, omissions, or professional notice to Owner of such condition, which notice shall negligence, Design-Builder's liability to all claimants at not be later than fourteen (14) days after such any time shall be a single aggregate sum not to condition has been encountered. Design-Builder shall, exceed Fifty Thousand and 00/100 Dollars to the extent reasonably possible, provide such notice ($50,000.00) or Design-Builder's Design Services fee before the Differing Site Condition has been (Basic and Additional), whichever amount is less. The substantially disturbed or altered. Owner hereby agrees that for it and anyone claiming by, through or under the Owner for any damages Article 5 resulting from the Design-Builder's errors, omissions, Insurance and Bonds or professional negligence, the only recourse as to any claims shall be strictly limited to the above single 5.1 Design-Builder's Insurance Requirements aggregate amount and the Owner and anyone claiming by, through or under the Owner shall look 5.1.1 Design-Builder is responsible for procuring solely to such single aggregate amount. and maintaining from insurance companies 5.1.3.2 To the extent Owner requires Design-Builder authorized to do business in the state in which the or any Design Consultant to provide professional Project is located, the following insurance coverages liability insurance for claims arising from the negligent for certain claims which may arise from or out of the performance of design services by Design-Builder or performance of the Work and obligations under the the Design Consultant, the coverage limits, duration Contract Documents: and other specifics of such insurance shall be as set .1 Coverage for claims arising under forth in the Agreement. Any professional liability workers' compensation, disability and other insurance shall specifically delete any design-build or similar employee benefit laws applicable to similar exclusions that could compromise coverages the Work; because of the Design-Build delivery of the Project. If such policies shall be required by the Owner, the Owner agrees that it shall provide written notice of this requirement in sufficient time in order for the Standard Form of General Conditions of Contract Between Page 7 Owner and Design-Builder CBC 08/2008 version Design-Builder to provide such coverage prior to the damage to the Work, including materials, supplies commencement of any design services hereunder, and equipment in transit, at the Site or at another otherwise, the provisions of 5.1.3.1 shall be in force. location as may be indicated in Design-Builder's Application for Payment and approved by Owner. 5.1.3.3 If the Owner elects to require the Design- Builder to provide professional liability insurance per 5.3.2 Unless the Contract Documents provide 5.1.3.2 above, then (i) 5.1.3.1 above is void, (ii) the otherwise, Owner shall procure and maintain boiler allocated premium portion for this coverage to the and machinery insurance that will include the interests Project and the Work shall be allowed as a Cost of of Owner, Design-Builder, Design Consultants, the Work and included in the Contract Price or Subcontractors and Sub-Subcontractors. Contract Sum and (iii) the Owner hereby agrees that for it and anyone claiming by, through or under the 5.3.3 Prior to Design-Builder commencing any Owner for any damages resulting from the Design- Work, Owner shall provide Design-Builder with Builder's errors, omissions, or professional certificates evidencing that (i) all Owner's insurance negligence, the only recourse as to any claims shall obligations required by the Contract Documents are in be strictly limited to the Design-Builder's professional full force and in effect and will remain in effect until liability insurance and the Owner and anyone claiming Design-Builder has completed all of the Work and has by, through or under the Owner shall look solely to received final payment from Owner and (ii) no such insurance coverage. insurance coverage will be canceled, renewal refused, or materially changed unless at least thirty 5.1.4 To the extent Owner requires Design-Builder (30) days prior written notice is given to Design- to procure a payment or performance bond, the Builder. Owner's Builder's Risk property insurance Owner is required to pay all fees associated with the shall not lapse or be canceled if Owner occupies a procurement of said bonds. portion of the Work pursuant to Section 6.6.3 hereof. Owner shall provide Design-Builder with the 5.1.5 Prior to commencing any construction necessary endorsements from the insurance services hereunder, Design-Builder will provide company prior to occupying a portion of the Work. Owner with certificates evidencing that (i) all insurance obligations required by the Contract 5.3.4 Any loss covered under Owner's Builder's Documents are in full force and in effect and will Risk property insurance shall be adjusted with Owner remain in effect for the duration required by the and Design-Builder and made payable to both of them Contract Documents and (ii) no insurance coverage as trustees for the insureds as their interests may will be canceled, renewal refused, or materially appear, subject to any applicable mortgage clause. changed unless at least thirty (30) days prior written All insurance proceeds received as a result of any notice is given to Owner. loss will be placed in a separate account and distributed in accordance with such agreement as the 5.2 Owner's Liability Insurance interested parties may reach. Any disagreement concerning the distribution of any proceeds will be 5.2.1 Owner shall procure and maintain from resolved in accordance with Article 10 hereof. insurance companies authorized to do business in the Notwithstanding any other provision of this contract, state in which the Project is located such liability the Owner is responsible for the payment of any insurance to protect Owner from claims which may deductible or deductibles applicable to any proceeds arise from the performance of Owner's obligations of the Builder's Risk property insurance. under the Contract Documents or Owner's conduct during the course of the Project. 5.3.5 Owner and Design-Builder waive against each other and Owner's separate contractors, Design 5.3 Owner's Property Insurance Consultants, Subcontractors, agents and employees of each and all of them, all damages covered by 5.3.1 Unless otherwise provided in the Contract Builder's Risk property insurance provided herein, Documents, Owner shall procure and maintain from except such rights as they may have to the proceeds insurance companies authorized to do business in the of such insurance. Design-Builder and Owner shall, state in which the Project is located Builder's Risk where appropriate, require similar waivers from property insurance upon the entire Project to the full Owner's separate contractors, Design Consultants insurable replacement value of the Project, including and Subcontractors and shall require each of them to professional fees, overtime premiums and all other include similar waivers in their contracts. expenses incurred to replace or repair the insured property. The Builder's Risk property insurance Article 6 obtained by Owner shall include as named insureds Payment the interests of Owner, Design-Builder, Design Consultants, Subcontractors and Sub-Subcontractors, and shall insure against all risks of direct physical 6.1 Schedule of Values loss, including collapse, flood, earthquake, debris removal, as well as building ordinance or law 6.1.1 Within ten (10) days of execution of the coverage and other perils or causes of loss as called Agreement, Design-Builder shall submit for Owner's for in the Contract Documents. The Builder's Risk review and approval a Schedule of Values for all of property insurance shall include physical loss or the Work. The Schedule of Values will (i) subdivide Standard Form of General Conditions of Contract Between Page 8 Owner and Design-Builder CBC 08/2008 version the Work into its respective parts, (ii) include values Documents, may stop Work pursuant to Section 11.3 for all items comprising the Work, and (iii) serve as hereof. All payments due and unpaid shall bear the basis for monthly progress payments made to interest at the rate set forth in the Agreement. Design-Builder throughout the Work. 6.5 Design-Builder's Payment Obligations 6.2 Monthly Progress Payments 6.5.1 Design-Builder will pay Design Consultants 6.2.1 On or before the date established in the and Subcontractors, in accordance with its contractual Agreement, Design-Builder shall submit for Owner's obligations to such parties, all the amounts Design- review and approval its Application for Payment Builder has received from Owner on account of their requesting payment for all Work performed as of the work. Design-Builder will impose similar requirements last day of the previous month. The Application for on Design Consultants and Subcontractors to pay Payment shall be accompanied by all supporting those parties with whom they have contracted. documentation required by the Contract Documents Design-Builder will indemnify and defend Owner and/or established at the meeting required by Section against any claims for payment and mechanic's liens 2.1.4 hereof. as set forth in Section 7.3 hereof. 6.2.2 The Application for Payment may request 6.6 Substantial Completion payment for equipment and materials not yet incorporated into the Project, provided that (i) Owner 6.6.1 Design-Builder shall notify Owner when it is satisfied that the equipment and materials are believes the Work, or to the extent permitted in the suitably stored at either the Site or another acceptable Contract Documents, a portion of the Work, is location, (ii) the equipment and materials are substantially complete.Within five(5)days of Owner's protected by suitable insurance, and (iii) upon receipt of Design-Builder's notice, Owner and Design- payment, Owner will receive the equipment and Builder will jointly inspect such Work to verify that it is materials free and clear of all liens and substantially complete in accordance with the encumbrances. requirements of the Contract Documents. If such Work is substantially complete, Design-Builder shall 6.2.3 The Application for Payment shall constitute prepare and issue a Certificate of Substantial Design-Builder's representation that the Work has Completion that will set forth (i)the date of Substantial been performed consistent with the Contract Completion of the Work or portion thereof, (ii) the Documents, has progressed to the point indicated in remaining items of Work that have to be completed the Application for Payment, and that title to all Work before final payment, (iii) provisions (to the extent not will pass to Owner free and clear of all claims, liens, already provided in the Contract Documents) encumbrances, and security interests upon Design- establishing Owner's and Design-Builder's Builder's receipt of payment. responsibility for the Project's security, maintenance, utilities and insurance pending final payment, and (iv) 6.3 Withholding of Payments an acknowledgment that warranties commence to run on the date of Substantial Completion, except as may 6.3.1 On or before the date established in the otherwise be noted in the Certificate of Substantial Agreement, Owner shall pay Design-Builder all Completion. amounts properly due. If Owner determines that Design-Builder is not entitled to all or part of an 6.6.2 Upon Substantial Completion of the entire Application for Payment, it will notify Design-Builder in Work or, if applicable, any portion of the Work, Owner writing at least five (5)days prior to the date payment shall release to Design-Builder all retained amounts is due. The notice shall indicate the specific amounts relating, as applicable, to the entire Work or Owner intends to withhold, the reasons and completed portion of the Work, less an amount equal contractual basis for the withholding, and the specific to the reasonable value of all remaining or incomplete measures Design-Builder must take to rectify Owner's items of Work as noted in the Certificate of concerns. Design-Builder and Owner will attempt to Substantial Completion. resolve Owner's concern prior to the date payment is due. If the parties cannot resolve such concerns, 6.6.3 Owner, at its option, may use a portion of the Design-Builder may pursue its rights under the Work which has been determined to be substantially Contract Documents, including those under Article 10 complete, provided, however, that (i) a Certificate of hereof. Substantial Completion has been issued for the portion of Work addressing the items set forth in 6.3.2 Notwithstanding anything to the contrary in Section 6.6.1 above, (ii) Design-Builder and Owner the Contract Documents, Owner shall pay Design- have obtained the consent of their sureties and Builder all undisputed amounts in an Application for insurers, and to the extent applicable, the appropriate Payment within the times required by the Agreement. government authorities having jurisdiction over the Project, and (iii) Owner and Design-Builder agree that 6.4 Right to Stop Work and Interest Owner's use or occupancy will not interfere with Design-Builder's completion of the remaining Work. 6.4.1 If Owner fails to pay Design-Builder any amount that becomes due, Design-Builder, in addition 6.7 Final Payment to all other remedies provided in the Contract Standard Form of General Conditions of Contract Between Page 9 Owner and Design-Builder CBC 08/2008 version 6.7.1 After receipt of a Final Application for or those for whose acts it is responsible, to pay for Payment from Design-Builder, Owner shall make final any services, materials, labor, equipment, taxes or payment by the time required in the Agreement, other items or obligations furnished or incurred for or provided that Design-Builder has completed all of the in connection with the Work. Within three (3) days of Work in conformance with the Contract Documents. receiving written notice from Owner that such a claim or mechanic's lien has been filed, Design-Builder shall 6.7.2 At the time of submission of its Final commence to take the steps necessary to discharge Application for Payment, Design-Builder shall provide said claim or lien, including, if necessary, the the following information: furnishing of a mechanic's lien bond. .1 An affidavit that there are no known 7.3 Design-Builder's General Indemnification claims, obligations or liens outstanding or unsatisfied for labor, services, material, 7.3.1 Design-Builder, to the fullest extent permitted equipment, taxes or other items performed, by law, shall indemnify and hold harmless Owner, its furnished or incurred for or in connection officers, directors, employees and agents from and with the Work which will in any way affect against claims, losses, damages, liabilities, for bodily Owner's interests; injury, sickness or death, and property damage or destruction (other than to the Work itself) but only to .2 A general release executed by the extent directly resulting from the negligent acts or Design-Builder waiving, upon receipt of final omissions of Design-Builder, Design Consultants, payment by Design-Builder, final payment; Subcontractors, anyone employed directly or indirectly by any of them or anyone for whose acts .3 Consent of Design-Builder's surety, any of them may be liable. if any, to final payment; 7.4 Owner's General Indemnification .4 All operating manuals, warranties and other deliverables required by the 7.4.1 Owner, to the fullest extent permitted by law, Contract Documents; and shall indemnify, hold harmless and defend Design- Builder and any of Design-Builder's officers, directors, 5 Certificates of insurance confirming employees, or agents from and against claims, that required coverages will remain in effect losses, damages, liabilities, including attorneys' fees consistent with the requirements of the and expenses, for bodily injury, sickness or death, Contract Documents. and property damage or destruction (other than to the Work itself) to the extent resulting from the negligent 6.7.3 Upon making final payment, Owner waives acts or omissions of Owner's separate contractors or all claims against Design-Builder except claims anyone for whose acts any of them may be liable. relating to (i) Design-Builder's failure to satisfy its payment obligations, if such failure affects Owner's Article 8 interests, (ii) unknown or latent defects with the Work Time and correction of defective work pursuant to 2.10, and (iii) the terms of any special warranties required by 8,1 Obligation to Achieve the Contract Times the Contract Documents. 8.1.1 Design-Builder agrees that it will commence Article 7 performance of the Work and achieve the Contract Indemnification Time(s) in accordance with Article 5 of the Agreement. 7.1 Tax Claim Indemnification 8.2 Delays to the Work 7.1.1 If, in accordance with Owner's direction, an exemption for all or part of the Work is claimed for 8.2.1 If Design-Builder is delayed in the taxes, Owner shall indemnify, defend and hold performance of the Work due to acts, omissions, harmless Design-Builder from and against any conditions, events, or circumstances beyond its liability, penalty, interest, fine, tax assessment, control and due to no fault of its own or those for attorneys'fees or other expenses or costs incurred by whom Design-Builder is responsible, the Contract Design-Builder as a result of any action taken by Time(s) for performance shall be reasonably Design-Builder in accordance with Owner's directive. extended by Change Order. By way of example, events that will entitle Design-Builder to an extension 7.2 Payment Claim Indemnification of the Contract Time(s) include acts or omissions of Owner or anyone under Owner's control (including 7.2.1 Providing that Owner is not in breach of its separate contractors), changes in the Work, Differing contractual obligation to make payments to Design- Site Conditions, Hazardous Conditions, wars, floods, Builder for the Work, Design-Builder shall indemnify, labor disputes, unusual delay in transportation, defend and hold harmless Owner from any claims or unusual delay in utility provider's work, epidemics mechanic's liens brought against Owner or against abroad, earthquakes, adverse weather conditions not the Project as a result of the failure of Design-Builder, reasonably anticipated, and other acts of God. Standard Form of General Conditions of Contract Between Page 10 Owner and Design-Builder CBC 0812008 version performed pursuant to a Work Change Directive and 8.2.2 In addition to Design-Builder's right to a time payment shall occur, unless agreement is made extension for those events set forth in Section 8.2.1 otherwise, in accordance with 9.4.1.4. above, Design-Builder shall also be entitled to an appropriate adjustment of the Contract Price 9.3 Minor Changes in the Work provided, however, that the Contract Price shall not be adjusted for those events set forth in Section 8.2.1 9.3.1 Minor changes in the Work do not involve an above that are beyond the control of both Design- adjustment in the Contract Price and/or Contract Builder and Owner, specifically limited to events of Time(s)and do not materially and adversely affect the war, floods, labor disputes, earthquakes, epidemics, Work, including the design, quality, performance and adverse weather conditions not reasonably workmanship required by the Contract Documents. anticipated, and other acts of God. Design-Builder may make minor changes in the Work consistent with the intent of the Contract Documents, Article 9 provided, however that Design-Builder shall promptly Changes to the inform Owner, in writing, of any material changes and Contract Price and Time record such changes on the documents maintained by Design-Builder. 9.1 Change Orders 9.4 Contract Price Adjustments 9.1.1 A Change Order is a written instrument 9.4.1 The increase or decrease in Contract Price issued after execution of the Agreement signed by resulting from a change in the Work shall be Owner and Design-Builder, stating their agreement determined by one or more of the following methods: upon all of the following: .1 Unit prices set forth in the .1 The scope of the change in the Agreement or as subsequently agreed to Work; between the parties; .2 The amount of the adjustment to .2 A mutually accepted, lump sum, the Contract Price; and properly itemized and supported by sufficient 3 The extent of the adjustment to the substantiating data to permit evaluation by Owner; Contract Time(s). .3 Costs, fees and any other markups 9.1.2 All changes in the Work authorized by set forth in the Agreement;and applicable Change Order shall be performed under the applicable conditions of the Contract Documents. .4 If an increase or decrease cannot Owner and Design-Builder shall negotiate in good be agreed to as set forth in items .1 through faith and as expeditiously as possible the appropriate .3 above and Owner issues a Work Change adjustments for such changes. Directive, the cost of the change of the Work shall be determined by the reasonable 9.1.3 If Owner requests a proposal for a change in expense and savings in the performance of the Work from Design-Builder and subsequently the Work resulting from the change, not elects not to proceed with the change, a Change limited to using Design-Builder's Billable Order shall be issued to reimburse Design-Builder for Rates, including a reasonable overhead and reasonable costs incurred for estimating services, profit, as may be set forth in the Agreement. design services and services involved in the If the net result of both additions and preparation of proposed revisions to the Contract deletions to the Work is an increase in the Documents. Contract Price, overhead and profit shall be calculated on the basis of the net increase to 9.2 Work Change Directives the Contract Price. If the net result of both additions and deletions to the Work is a 9.2.1 A Work Change Directive is a written order decrease in the Contract Price, there shall prepared and signed by Owner, directing a change in be no overhead or profit adjustment to the the Work prior to agreement on an adjustment in the Contract Price. Design-Builder shall maintain Contract Price and/or the Contract Time(s). a documented, itemized accounting evidencing the expenses and savings 9.2.2 Owner and Design-Builder shall negotiate in associated with such changes. good faith and as expeditiously as possible the appropriate adjustments for the Work Change 9.4.2 If unit prices are set forth in the Contract Directive. Upon reaching an agreement, the parties Documents or are subsequently agreed to by the shall prepare and execute an appropriate Change parties, but application of such unit prices will cause Order reflecting the terms of the agreement. Daily substantial inequity to Owner or Design-Builder work slips documenting reasonable expense and because of differences in the character or quantity of savings in performance of the Work shall be signed such unit items as originally contemplated, such unit by Owner (or Owner's Representative) for work prices shall be equitably adjusted. Standard Form of General Conditions of Contract Between Page 11 Owner and Design-Builder CBC 0812008 version 9.4.3 If Owner and Design-Builder disagree upon 10.2 Dispute Avoidance and Resolution whether Design-Builder is entitled to be paid for any services required by Owner, or if there are any other 10.2.1 The parties are fully committed to working disagreements over the Scope of Work or proposed with each other throughout the Project and agree to changes to the Work, Owner and Design-Builder shall communicate regularly with each other at all times so resolve the disagreement pursuant to Article 10 as to avoid or minimize disputes or disagreements. If hereof. As part of the negotiation process, Design- disputes or disagreements do arise, Design-Builder Builder shall furnish Owner with a good faith estimate and Owner each commit to resolving such disputes or of the costs to perform the disputed services in disagreements in an amicable, professional and accordance with Owner's interpretations. If the parties expeditious manner so as to avoid unnecessary are unable to agree and Owner expects Design- losses,delays and disruptions to the Work. Builder to perform the services in accordance with Owner's interpretations, Design-Builder shall proceed 10.2.2 Design-Builder and Owner will first attempt to perform the disputed services, conditioned upon to resolve disputes or disagreements at the field level Owner issuing a written order to Design-Builder (i) through discussions between Design-Builder's directing Design-Builder to proceed and (ii)specifying Representative and Owner's Representative. Owner's interpretation of the services that are to be performed. If this occurs, Design-Builder shall be 10.2.3 If a dispute or disagreement cannot be entitled to submit in its Applications for Payment an resolved through Design-Builder's Representative and amount equal to fifty percent(50%) of its reasonable Owner's Representative, Design-Builder's Senior estimated direct cost to perform the services, and Representative and Owner's Senior Representative, Owner agrees to pay such amounts, with the express upon the request of either party, shall meet as soon understanding that (i) such payment by Owner does as conveniently possible, but in no case later than not prejudice Owner's right to argue that it has no thirty (30) days after such a request is made, to responsibility to pay for such services and (ii) receipt attempt to resolve such dispute or disagreement. of such payment by Design-Builder does not prejudice Prior to any meetings between the Senior Design-Builder's right to seek full payment of the Representatives, the parties will exchange relevant disputed services if Owner's order is deemed to be a information that will assist the parties in resolving their change to the Work. dispute or disagreement. 9.5 Emergencies 10.2.4 If after meeting the Senior Representatives determine that the dispute or disagreement cannot be 9.5.1 In any emergency affecting the safety of resolved on terms satisfactory to both parties, the persons and/or property, Design-Builder shall act, at parties shall submit the dispute or disagreement to its discretion, to prevent threatened damage, injury or non-binding mediation. The mediation shall be loss. Any change in the Contract Price and/or conducted by a mutually agreeable impartial Contract Time(s)on account of emergency work shall mediator, or if the parties cannot so agree, a mediator be determined as provided in this Article 9. designated by the American Arbitration Association ("AAA") pursuant to its Construction Industry Article 10 Mediation Rules. The mediation will be governed by Contract Adjustments and Disputes and conducted pursuant to a mediation agreement negotiated by the parties or, if the parties cannot so 10.1 Requests for Contract Adjustments and agree,by procedures established by the mediator. Relief 10.3 Arbitration 10.1.1 If either Design-Builder or Owner believes 10.3.1 Any claims, disputes or controversies that it is entitled to relief against the other for any between the parties arising out of or relating to the event arising out of or related to the Work or Project, Agreement, or the breach thereof, which have not such party shall provide written notice to the other been resolved in accordance with the procedures set party of the basis for its claim for relief. Such notice forth in Section 10.2 above shall be decided by shall, if possible, be made prior to incurring any cost arbitration in accordance with the Construction or expense and in accordance with any specific notice Industry Arbitration Rules of the AAA then in effect, requirements contained in applicable sections of unless the parties mutually agree otherwise. these General Conditions of Contract. in the absence of any specific notice requirement, written notice shall 10.3.2 The award of the arbitrator(s) shall be final be given within a reasonable time, not to exceed thirty and binding upon the parties without the right of (30) days, after the occurrence giving rise to the claim appeal to the courts. Judgment may be entered upon for relief or after the claiming party reasonably should it in accordance with applicable law by any court have recognized the event or condition giving rise to having jurisdiction thereof. the request, whichever is later. Such notice shall include sufficient information to advise the other party 10.3.3 Design-Builder and Owner expressly agree of the circumstances giving rise to the claim for relief, that any arbitration pursuant to this Section 10.3 may the specific contractual adjustment or relief requested be joined or consolidated with any arbitration involving and the basis of such request. any other person or entity (i) necessary to resolve the Standard Form of General Conditions of Contract Between Page 12 Owner and Design-Builder CBC 08/2008 version claim, dispute or controversy or (ii) substantially Documents, (iii) comply with applicable Legal involved in or affected by such claim, dispute or Requirements, (iv) timely pay, without cause, Design controversy. Both Design-Builder and Owner will Consultants or Subcontractors, (v) prosecute the include appropriate provisions in all contracts they Work with promptness and diligence to ensure that execute with other parties in connection with the the Work is completed by the Contract Time(s), as Project to require such joinder or consolidation. such times may be adjusted, or (vi) perform material obligations under the Contract Documents, then 10.3.4 The prevailing party in any arbitration, or any Owner, inin tdhe ion to any Contract Do other r ghtoand law ,shall dies other final,binding dispute proceeding upon which the provided parties may agree, shall be entitled to recover from have the rights set forth in Sections 11.2.2 and 11.2.3 the other party reasonable attorneys' fees and below. expenses incurred by the prevailing party. 11.2.2 Upon the occurrence of an event set forth in 10.4 Duty to Continue Performance Section 11.2.1 above, Owner may provide written notice to Design-Builder that it intends to terminate 10.4.1 Unless provided to the contrary in the the Agreement unless the problem cited is cured, or Contract Documents, Design-Builder shall continue to commenced to be cured, within seven (7) days of perform the Work and Owner shall continue to satisfy Design-Builder's receipt of such notice. If Design- its payment obligations to Design-Builder, pending the Builder fails to cure,or reasonably commence to cure, final resolution of any dispute or disagreement such problem, then Owner may give a second written between Design-Builder and Owner. notice to Design-Builder of its intent to terminate within an additional seven (7) day period. If Design- 10.5 Consequential Damages Builder,within such second seven(7)day period,fails to cure, or reasonably commence to cure, such 10.5.1 Notwithstanding anything herein to the problem, then Owner may declare the Agreement contrary (except as set forth in section 10.5.2 below), terminated for default by providing written notice to neither Design-Builder nor Owner shall be liable to the Design-Builder of such declaration. other for any consequential losses or damages, whether arising in contract, warranty, tort (including 11.2.3 Upon declaring the Agreement terminated negligence), strict liability or otherwise, including but pursuant to Section 11.2.2 above, Owner may enter not limited to losses of use, profits, business, upon the o premises cometin g and t ke possession,wof all n, for al e reputation or financing. purpose p equipment, scaffolds, tools, appliances and other 10.5.2 The consequential damages limitation set items thereon, which have been purchased or forth in Section 10.5.1 above is not intended to affect provided for the performance of the Work, all of which the payment of liquidated damages, if any, set forth in Design-Builder hereby transfers, assigns and sets Article 5 of the Agreement, which both parties over to Owner for such purpose, and to employ any recognize has been established, in part, to reimburse person or persons to complete the Work and provide Owner for some damages that might otherwise be all of the required labor, services, materials, deemed to be consequential. equipment and other items. In the event of such termination, Design-Builder shall not be entitled to Article 11 receive any further payments under the Contract StopWork and Termination for Cause Documents until the Work shall be finally completed in accordance with the Contract Documents. At such 11.1 Owner's Right to Stop Work time, if the unpaid balance of the Contract Price exceeds the cost and expense incurred by Owner in completing the Work, such excess shall be paid by 11.1.1 Owner may, without cause and for its Owner to Design-Builder. If Owner's costs and convenience, order Design-Builder in writing to stop expenses of completing the Work exceed the unpaid and suspend the Work. Such suspension shall not � balance of the Contract Price, then Design-Builder exceed (i) thirty consecutive or aggregate days, shall be obligated to pay the difference to Owner. or (ii) twenty percent (20%) of the duration of the Such costs and expense shall include not only the Project,whichever is period is shorter. cost of completing the Work, but also losses, 11.1.2 Design-Builder is entitled to seek an damages, costs and expenses arising from Design- adjustment the of the Contract Price and/or Contract consequential damages set forth h Section 10.5 Time(s) if its cost or time to perform the Work has hereof. been adversely impacted by any suspension or stoppage of work by Owner. 11.2.4 If Owner improperly terminates the Agreement for cause, the termination for cause will be 11.2 Owner's Right to Perform and converted to a termination for convenience in Terminate for Cause accordance with the provisions of Article 8 of the 11.2.1 If Design-Builder persistently fails to (i) Agreement. provide a sufficient number of skilled workers, (ii) 11.3 Design-Builder's Right to Stop Work supply the materials required by the Contract Page 13 Standard Form of General Conditions of Contract Between Owner and Design-Builder CBC 0812008 version 11.3.1 Design-Builder may, in addition to any other Owner's receipt of such notice. If Owner fails to cure, rights afforded under the Contract Documents or at or reasonably commence to cure, such problem, then law, stop work for the following reasons: Design-Builder may give a second written notice to Owner's Senior Representative of its intent to .1 Owner's failure to provide financial terminate within an additional seven (7) day period. If assurances as required under Section 3.3 Owner,within such second seven (7)day period, fails hereof; or to cure, or reasonably commence to cure, such problem, then Design-Builder may declare the .2 Owner's failure to pay amounts Agreement terminated for default by providing written properly due under Design-Builder's notice to Owner of such declaration. In such case, Application for Payment. Design-Builder shall be entitled to recover in the same manner as if Owner had terminated the Agreement for 11.3.2 Should any of the events set forth in Section its convenience under Article 8 of the Agreement. 11.3.1 above occur, Design-Builder has the right to provide Owner with written notice that Design-Builder 11.5 Bankruptcy of Owner or Design-Builder will stop work unless said event is cured within seven (7) days from Owner's receipt of Design-Builder's 11.5.1 If either Owner or Design-Builder institutes notice. If Owner does not cure the problem within or has instituted against it a case under the United such seven (7) day period, Design-Builder may stop States Bankruptcy Code (such party being referred to work. In such case, Design-Builder shall be entitled as the "Bankrupt Party"), such event may impair or to make a claim for adjustment to the Contract Price frustrate the Bankrupt Party's ability to perform its and Contract Time(s) to the extent it has been obligations under the Contract Documents. adversely impacted by such stoppage. Accordingly,should such event occur: 11.4 Design-Builder's Right to Terminate for .1 The Bankrupt Party, its trustee or Cause other successor, shall furnish, upon request of the non-Bankrupt Party adequate 11.4.1 Design-Builder, in addition to any other rights assurance of the ability of the Bankrupt Party and remedies provided in the Contract Documents or to perform all future material obligations by law, may terminate the Agreement for cause for under the Contract Documents, which the following reasons: assurances shall be provided within ten (10) days after receiving notice of the request; .1 The Work has been stopped for: (i) and thirty (30) consecutive or aggregate days; or (ii) twenty percent (20%) of the planned .2 The Bankrupt Party shall file an duration of the Project, whichever period is appropriate action within the bankruptcy shorter, because of court order, any court to seek assumption or rejection of the government authority having jurisdiction over Agreement within sixty (60) days of the the Work, or orders by Owner under Section institution of the bankruptcy filing and shall 11.1.1 hereof, provided that such stoppages diligently prosecute such action. are not due to the acts or omissions of Design-Builder or anyone for whose acts If the Bankrupt Party fails to comply with its foregoing Design-Builder may be responsible. obligations, the non-Bankrupt Party shall be entitled to request the bankruptcy court to reject the Agreement, .2 Owner's failure to provide Design- declare the Agreement terminated and pursue any Builder with any information, permits or other recourse available to the non-Bankrupt Party approvals that are Owner's responsibility under this Article 11. under the Contract Documents which result in Work stoppage amounting to more than: 11.5.2 The rights and remedies under Section (i) thirty (30) consecutive or aggregate days; 11.5.1 above shall not be deemed to limit the ability of or (ii) twenty percent (20%) of the planned the non-Bankrupt Party to seek any other rights and duration of the Project, whichever period is remedies provided by the Contract Documents or by shorter, even though Owner has not ordered law, including its ability to seek relief from any Design-Builder in writing to stop and automatic stays under the United States Bankruptcy suspend the Work pursuant to Section Code or the right of Design-Builder to stop Work 11.1.1 hereof. under any applicable provision of these General Conditions of Contract. .3 Owner's failure to cure the problems set forth in Section 11.3.1 above Article 12 after Design-Builder has stopped the Work. Miscellaneous 11.4.2 Upon the occurrence of an event set forth in 12.1 Assignment Section 11.4.1 above, Design-Builder may provide written notice to Owner that it Intends to terminate the 12.1.1 Neither Design-Builder nor Owner shall, Agreement unless the problem cited is cured, or without the written consent of the other assign, commenced to be cured, within seven (7) days of Standard Form of General Conditions of Contract Between Page 14 Owner and Design-Builder CBC 08/2008 version transfer or sublet any portion or part of the Work or facsimile, by the time stated in a machine generated the obligations required by the Contract Documents, confirmation that notice was received at the facsimile notwithstanding Design-Builders right to subcontract number of the intended recipient. portions of the work. 12.8 Amendments 12.2 Successorship 12.8.1 The Contract Documents may not be 12.2.1 Design-Builder and Owner intend that the changed, altered, or amended in any way except in provisions of the Contract Documents are binding writing signed by a duly authorized representative of upon the parties, their employees, agents, heirs, each party. successors and assigns. 12.9 Additional Owner Representations 12.3 Governing Law 12.9.1 The Owner hereby represents and warrants 12.3.1 The Agreement and all Contract Documents that it has the financial capacity to promptly pay for shall be governed by the laws of the Commonwealth the Project and the Work directed by the Owner to be of Massachusetts and any legal remedy, including performed by the Design-Builder. arbitration,shall be brought by all parties in Middlesex County, Massachusetts. Nothing herein shall be 12.9.2 Whenever action, consent, or approval of the construed to prevent the encumbrance of the Project, Owner is required, the Owner shall act timely and wherever located, with a lien or other prejudgment reasonable and shall not unreasonably withhold remedy, which may be perfected, and stayed if information or delay any action, consent or approval. judicial economy so justifies, until the conclusion through judgment, award, settlement or otherwise of 12.10 Good Faith any related legal remedy under the Agreement and/or Contract Documents. 12.10.1 The Owner and the Design-Builder agree to act in good faith and in a reasonable manner in all 12.4 Severability dealing with each other and in connection with the Project and the Work. The Owner shall cause its 12.4.1 If any provision or any part of a provision of consultants and separate contractors to act in good the Contract Documents shall be finally determined to faith and in a reasonable manner in all of their dealing be superseded, invalid, illegal, or otherwise with the Design-Builder in connection with the Project unenforceable pursuant to any applicable Legal and the Work. Whenever action, consent, or approval Requirements, such determination shall not impair or of the Owner's consultants or separate contractors is otherwise affect the validity, legality, or enforceability required, the Owner shall cause its consultants or of the remaining provision or parts of the provision of separate contractors to act timely and reasonably. the Contract Documents, which shall remain in full force and effect as if the unenforceable provision or part were deleted. 12.5 No Waiver 12.5.1 The failure of either Design-Builder or Owner to insist, in anyone or more instances, on the performance of any of the obligations required by the other under the Contract Documents shall not be construed as a waiver or relinquishment of such obligation or right with respect to future performance. 12.6 Headings 12.6.1 The headings used in these General Conditions of Contract or any other Contract Document, are for ease of reference only and shall not in any way be construed to limit or alter the meaning of any provision. 12.7 Notice 12.7.1 Whenever the Contract Documents require that notice be provided to the other party, notice will be deemed to have been validly given (i) if delivered in person to the individual intended to receive such notice, (ii) four(4) days after being sent by registered or certified mail, postage prepaid to the address indicated in the Agreement, or (iii) if transmitted by Standard Form of General Conditions of Contract Between Page 15 Owner and Design-Builder CBC 08/2008 version \�Y „_____________ W EL EL STING PMT HE T G PARTITIA ridar Nem rxz RATen Own �__�._, �,.. ELEGTRGS L TPD MA V i0 MArM EXGrIN6 --- - - - - -----DEMO DOLRR 4 PRONE.INFLL w IHR E RA SLTrt D@�,O 1xT tTl DORi 6 FRMS. -�O T@ HM Pa R 6 MR IN ILL-W/ TE N M{7 W/LINTEL FOR t W 2-x7 rfP.RAFE7 SW6 T" fAT&f __ _ _ .� �T_____a _-_ II¢T��'/q'�'II�„'' 00lAt5 IN M/ ^� l---I A` THAN A R — — — Ra-,XA KIrCeENEM PEXT TO 7¢4Er `-EE PETAL PLAN Tll R WI PRt R4bM� 5-WTRV&PMPLS 5t1aePD�FICE WARPr0,15F -__�__ .4; ''REIL♦'ATED Itl DOOR b PRMA� D cu—PARTITIONS,DOAK MD OE4-INKS DEVOTD AI PAe P1 r As qq b 51DAN.@Xf@ND R@MAINING P,V2T171ON5® w i0 ROOP DPLK,RE ! FZ MI'ILL W/IHR.RATPD(,WD NEGP}ARY. �ri0 MArOH P�II nT - DEreo PARnn -y-DETAILED FI F/7RIGAL ROOM N a DBJr DL1'R5 L TRIL'T OPPPoms --' POR RELOOA 1-2'i'R7 DGt.RS I � 4 � "_ RELOOATED KIrafNff TE I - I IX1RN IN I i emAAAnI nLYlmooRM0.noN OP Wm IeR�AR9AlDGA6Al8vACwT2I8nAM9PAaz b IN AVAI ABLE j S xPmnn OR�RR Ra R�Nn�x�° ,Arn�,mx g 10,905 SUSABLE 9,474 S.F' USABLEac - a �J 11,005 S.F. kENTABLE -- -- 9,561 S.F. ZTABLE * yy,b � 9 ALLYIIN'D:v 9o1Wl�¢wOM�T1�NE'tNl®90tVIC0POR lxH Ro64P�tVei&1AN,4 DEMO dlii�D wNDow,IWILL IN HR RAT®C>AD TIMMAT @%KTING • xor.vm conwAtm AwnRAtn Ar Retounm Rnrnm+mtn O W 7MIS AREA XMO DOOR 6 SID@LIM IWILL W/I FR LML ,^ LfFI�E RATPD GWD 70 MArm PJinN6 F �RW,RPID��mno"rR�wso�s®u�mv�t.arzuP®. �2� ..RSD,noNOP„m�onA,�.D�mRD�ANDw�xoA� � g� �� �� Am momnxwvuna nwi at°`'s6Vmnm901.n�'oNonm new ovansmo wnu.an n,v xaavvnrve 9 2 OB , _ _—_—_—_ _—_ _ _' '_ _ —� •Naxvrsvr®oNeA�mew�casru vn'xoN sexv,mawxe.w�Revemvvnvw+r. �� � mrrs s.,s RRQ�m�Rvmoe� �� �L£ ,.Monwr aR Re,urw,a ru srno,rs,xoans,RoxRv,srnases,nucr ss,oRv,Pvm.uxR,PANm.ANn Rvuon<nur y ' srAnoNwxexsneawaen ' i.,vvmonw,.�.xres,wecrxve�xoeoRnm,Rs,s<,.w,suevmw,.xanw,,Nr,sataR®roNs,Rum. �o bDB.10 PMTITILN.�b 6 INFLL DOOR 'GP_MO PH TI ILN 6 DOOR N@W P ®PLANER iIOtJ NSW—NLN51 FLOOR PLAN I fYiAYfXilq A AI ,. — .: KEY PLAN monsommommom CHANNEL ® p A Full-Service Construction Company o WIN Enterprises Lease Area Separate interior portion of WIN Enterprises lease area to create vacant tenant space. DEMOLITION I. Demolish existing doors, walls and partitions as shown on drawing. 2. Removal of interior storefront and butt glazed windows at demising wall as shown on drawing. FIT AND FINISH I. All new doors and hardware and partitions and finishes as shown on drawing shall match existing. 2. Complete demising wall (i-hour rated) as shown on drawing. Patch existing partitions to remain where required. GWB to be taped/finished and primed, finish painted on WIN Enterprises side to match adjacent. 3. Patch as required 2'x4' steel suspended grid ceiling with flush 2'x4' fissured lay-in tile to match existing,Armstrong or equal PLUMBING I. Separate all utilities and meters. 2. Cut& cap all gas and water on the inside of the demising wall 3. Relocate existing kitchenette as shown on drawing. FIRE PROTECTION I. Relocate/rework existing pendant heads as required. HVAC I. Cut and cap any ductwork crossing the demising wall on the side from which it is fed. 2. Rework ducts, dampers and diffusers as required for the proposed layout. 3. Modifications to duct smoke detectors and dampers as required. 4. Relocation of thermostats, controls and wiring as required. ELECTRICAL I. Separately meter electric services at tenant space via sub meter off existing service. 2. Provide new service for tenant space. 3. Remove and make safe any existing wiring which extends beyond the new demising wall on the respective side it is fed from. 4. All devices and lighting in tenant spaces shall be fed from the services for each respective tenant. S. Modify exit signs and emergency lights as required by code. FIRE ALARM I. Modify or relocate pull stations, horn/strobes, strobes, duct smoke, fire arm panel and remote test station where required. 355 Middlesex Avenue ■ Wilmington,MA ol887-2163 ' 978.657.7300 ■ Fax 978.657.7788 www.channelbuilding.com PAGE 1 EMMMMENNEM CHANNEL A Full-Service Construction Company ,r r 11 RR ® OWN I. Hazardous waste or environmental testing, removal, replacement or mitigation of any kind. 2. Union labor rates or collective bargaining agreements. 3. Landscaping, irrigation and fencing. 4. Signage of any kind. 5. Bonds of any nature including Performance and Payment Bonds. 6. Tenant equipment and or furnishings. 7. Builder's Risk Insurance 8. Blocking or other reinforcement for Owner or Tenant supplied components. 9. Moving and setting of Owner or Tenant supplied components. Equipment supplied by owner or others must be on site as required and according to schedule. Channel will coordinate with the owner to facilitate delivery. Owner will extend completion date if delivery or set up of owner-supplied equipment is delayed. 10. Phone, communication or security wiring. 11. Civil design, engineering, surveys, controls and layout. 12. Utility, state or municipal back charges, use or connections fees. 13. Municipal, zoning, planning, conservation or state approvals. 14. Winter conditions. 15. Fire extinguishers. 16. Additional structural work not included in the plans. 17. Fixtures, furnishings & equipment unless otherwise noted. 18. Interior bollards or wall bumpers. 355 Middlesex Avenue ■ Wilmington,MA o1887-2163 ■ 978.657.7300 ■ Fax 978.657.7788 www.channelbuilding.com PAGE t WIN Subdivision MEMENNOMM CHANNEL UILMICOMMMMV A Full-Service Construction Company 111111IME,W_ ® � f ® 0 01 General Conditions $35,941 02 Demolition $6,156 03 Concrete NIC 04 Masonry NIC 05 Metals $855 06 Wood & Plastics $1,767 07 Thermal & Moisture NIC 08 Doors &Windows $6,327 09 Finishes $18,155 15A Plumbing $11,058 15B Fire Protection $3,705 15C HVAC $10,146 16 Electrical $23,940 Total Contract $118,050 i—L— 1 1 355 Middlesex Avenue ■ Wilmington,MA o1887-2163 ■ 978.657.7300 ■ Fax 978.657.7788 www.channelbuilding.com A�C'O)R" CERTIFICATE OF LIABILITY INSURANCE DATE(MM/OD/YYYY) 1/7/2016 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(les) must be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT Irene Balise NAME: BoraWsk± Insurance PHONEo Ext (413)586-5011 FAX No:(413)586-7973 88 King Street, Suite B ADDRESS:ibalise@borawskiinsurance.com INSURERS AFFORDING COVERAGE NAIC# Northampton MA 01060-3257 INSURERA:Travelers Indemnity INSURED INSURERB:Travelers Indemnity Co. 25658 Channel Building Co Inc INSURERC:Travelers Property Casualty Co. of 25674 355 Middlesex Avenue INSURERD:Travelers Indemnity Co of CT 125682 INSURER E: Wilmington MA 01887-2163 INSURERF: COVERAGES CERTIFICATE NUMBER:10/1/15-16 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR ADDLSUBRTYPE OF INSURANCE INSD VM POLICY NUMBER MM/DD/YYYYY MM/DD/YYYY LIMITS LTR X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 IMAGE TO A CLAIMS-MADE �OCCUR PREMISES (E.occu RENTED ) $ 300,000 DTC03G423333 10/1/2015 10/1/2016 MED EXP(Any one person) $ 5,000 PERSONAL 8ADV INJURY $ 1,000,000 GENT AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,000 X POLICY❑PRO JECT ❑ LOC PRODUCTS-COMP/OPAGG $ 2,000,000 OTHER: $ AUTOMOBILE LIABILITY COEaMBINED dent SINGLE LIMIT $ 1,000,000 acci B X ANY AUTO BODILY INJURY(Per person) $ ALL OWNED SCHEDULED BA3G422649 10/1/2015 10/1/2016 BODILY INJURY(Per accident) $ AUTOS AUTOS NON-OWNED PROPERTY DAMAGE $ HIRED AUTOS AUTOS Per accident $ X UMBRELLA LIAB X OCCUR EACH OCCURRENCE $ 4,000,000 C EXCESS LIAB CLAIMS-MADE AGGREGATE $ 4,000,000 DED I X I RETENTION$ 10,000 CUP4G63352A 10/1/2015 10/1/2016 $ WORKERS COMPENSATION AND EMPLOYERS'LIABILITY YIN g STATUTE �RH ANY PROPRIETOR/PARTNER/EXECUTIVE N/A D E.L.EACH ACCIDENT $ 500,000 OFFICER/MEMBER EXCLUDED? FNJ (Mandatory in NH) UB5G89037 1/1/2016 1/1/2017 E.L.DISEASE-EA EMPLOYE $ 500,000 If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT 1$ 500,000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) '.. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE For Insurance Purposes THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE David Malek/BORIBI �C3�be.v�-.sem ©1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25(2014/01) The ACORD name and logo are registered marks of ACORD INS025 r201401I The Commonwealth of Massachusetts Print Form Department of Industrial Accidents Office of Investigations 1 Congress Street, Suite 100 Boston, MA 02114-2017 www.mass.gov/dia Workers' Compensation Insurance Affidavit: Builders/Contractors/Electricians/Plumbers Applicant Information Please Print Legibly Name (Business/Organization/Individual):Channel Building Company Address:355 Middlesex Avenue City/State/Zip:Wil min gton, MA 01887 Phone #:978-657-7300 Are you an employer? Check the appropriate box: Type of project(required): 1.❑✓ I am a employer with 18 4. ❑ I am a general contractor and I 6. ❑New construction employees(full and/or part-time).* have hired the sub-contractors 2.❑ I am a sole proprietor or partner- listed on the attached sheet. 7. ❑✓ Remodeling ship and have no employees These sub-contractors have 8. ❑ Demolition working for me in any capacity. employees and have workers' 9. ❑ Building addition [No workers' comp. insurance comp. insurance.1 required.] 5. ❑ We are a corporation and its 10.❑ Electrical repairs or additions 3.❑ I am a homeowner doing all work officers have exercised their 11.❑ Plumbing repairs or additions myself. [No workers' comp. right of exemption per MGL 12.0 Roof repairs insurance required.] t c. 152, §1(4), and we have no employees. [No workers' 13.❑ Other comp. insurance required.] *Any applicant that checks box#1 must also fill out the section below showing their workers'compensation policy information. f Homeowners who submit this affidavit indicating they are doing all work and then hire outside contractors must submit a new affidavit indicating such. $Contractors that check this box must attached an additional sheet showing the name of the sub-contractors and state whether or not those entities have employees. If the sub-contractors have employees,they must provide their workers'comp.policy number. I am an employer that isproviding workers'compensation insurance for my employees. Below is the policy and job site information. Insurance Company Name:Travelers Indemnity Company Policy# or Self-ins. Lic. #:UB5G89037 Expiration Date:1/1/2017 Job Site Address:300 Willow Street City/State/Zip:North Andover, MA Attach a copy of the workers' compensation policy declaration page(showing the policy number and expiration date). Failure to secure coverage as required under Section 25A of MGL c. 152 can lead to the imposition of criminal penalties of 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 to $250.00 a day against the violator. Be advised that a copy of this statement may be forwarded to the Office of Investigations of the DIA for insurance coverage verification. I do/erebycertify under tlepis aenIesof erjury that the information provided above is true and correct. Si nature:F = -- Date: Phone#:978-657-7300 Official use only. Do not write in this area, to be completed by city or town official City or Town: Permit/License# Issuing Authority(circle one): 1.Board of Health 2. Building Department 3. City/Town Clerk 4. Electrical Inspector 5. Plumbing Inspector 6. Other Contact Person: Phone#: A�" CERTIFICATE ®F LIABILITY INSURANCE DATE(MM/DD/YYYY) 1/25/2016 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 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 NAM ERCT Irene Balise Borawski Insurance PH Insurance Ext: (413)586-5011 FAX (413)586-7973 AC No: 88 King Street, Suite B E-MAIL ibalise@borawskiinsurance.com ADDRESS: INSURERS AFFORDING COVERAGE NAIC# Northampton MA 01060-3257 INSURERA:Travelers Indemnit INSURED INSURERB:Travelers IndemnitV Co. 25658 Channel Building Co Inc INSURERc:Travelers Property Casualty Co. of 25674 355 Middlesex Avenue INSURERD:Travelers Indemnity Co of CT 25682 INSURER E: Wilmington MA 01887-2163 INSURER F: COVERAGES CERTIFICATE NUMBER:10/1/15-16 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. ADDL SUER POLICY EFF POLICY EXP TR TYPE OF INSURANCE POLICY NUMBER MM/DD/YYYY MM/DD/VYYY LIMITS X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 DAMAGE TO RENTED 300,000 A CLAIMS-MADE FOOCCUR PREMISES Ea occurrence $ '.. DTC03G423333 10/1/2015 10/1/2016 MED EXP(Any one person) $ 5,000 PERSONAL&ADV INJURY $ 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,000 �PRO LOC PRODUCTS-COMP/OP AGO $ 2,000,000 POLICY X JECT $ OTHER: AUTOMOBILE LIABILITY (Ea acccdeDISINGLE LIMIT $ 1,000,000 X ANY AUTO BODILY INJURY(Per person) $ B ALL OWNED SCHEDULED AUTOS AUTOS BA3G422699 10/1/2015 10/1/2016 BODILY INJURY(Per accident) $ NON-OWNED PROPERTY DAMAGE $ Per accident HIRED AUTOS AUTOS $ X UMBRELLALIAB X OCCUR EACH OCCURRENCE $ 4,000,000 C EXCESS LIAB CLAIMS-MADE AGGREGATE $ 4,000,000 DED X RETENTION$ 10,000 CUP4G63352A 10/1/2015 10/1/2016 ERI $ WORKERS COMPENSATION X STATUTE OERH '.. AND EMPLOYERS'LIABILITY Y/N E.L.EACH ACCIDENT $ 500,000 ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICEER EXCLUDED? N/A D (Mandatory In NH) UB5G89037 1/1/2016 1/1/2017 E.L.DISEASE-EA EMPLOYE $ 500,000 In If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ 500,000 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE Town of North Andover THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN 124 Main Street ACCORDANCE WITH THE POLICY PROVISIONS. North Andover, MA 01845 AUTHORIZED REPRESENTATIVE David Malek/BORIBI It�� ©1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25(2014/01) The ACORD name and logo are registered marks of ACORD INS025(201401) i u 11W Massachusetts -Department of Public Safety Board of Building Regulations and Standards Construction Supervisor License: CS-053259 JOSEPH A GAUKSTERN 6 JUNIPER DR t �= AMHERST NH 1�i031 Expiration Commissioner 03/03/2018 Unrestricted-Buildings of any use group which contain less than 35,000 cubic feet(991 m)of enclosed space. Failure to possess a current edition of the Massachusetts State Building Code is cause for revocation of this license. For DP5 Licensing information visit: www.Mass.Gov/DP5 r y