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Building Permit # 9/29/2016
0 BUILDING PERf&T _ o TOWN OF NORTH ANDOVER 0n APPLICATION FOR PLAN EXAMINATION Permit NO: !fit'a Date Received,_ * + - 34 , •fgi,�s SSACHU Data Issued: !2 - IMPORTANT:Applicant must complete all items on this page LOCATION _ R s. A't � Print ? PROPERTY OWNERI, 'K, lr'a'r � tit i .. ., Print" MAP NO' PARCEL ZONING DISTRICT..Historic Distnct yes no Machine Shop Village ,yes no' TYPE OF IMPROVEMENT I PROPOSED USE Residential Non-Residential I F New Building Ei One family Addition o,Two or more family Industrial Alteration No.of units: Commercial Repair,replacement v Assessory Bldg L Others: Demolition D Other C Septic _Well I Floodplain 0 Wetlands U Watershed District C Water/Seiner `_'s C! add_ L.. J,F�c%% Half I i Ci cii sml!xqu,# 4 # -r dn i C L':i I In, kl } Identification Please Type or Print Clearly) r' `1 OWNER: Name. 1c%rAke i+ i ? Ia 1C "-g L4 e Phone: Address: => s ( 3 GONTRAGTQR Name Phone AJ Address ' Sii�iervisor's Construction License: Exp:Date ,HoeImprovement License mExp: Date a f ARCHITECT/ENGINEER D n _. Phone `_ 3ti _ ' Address - =- =,rl I A ; - Reg.No. FEE SCHEDULE:BULDtNG PERMIT:$12.00 PER$1000.00 OF THE TOTAL ESTIMATED COST BASED ON$125.00 PER S.F. - ' Total Project Cost:$_I "FEE:$ Check No.: t q!) Receipt No.: NOTE: Persons contracting Ivith unregistered contractors do not have access to the guaranty fund Signature of Agent_ ner Signature of contractor Plans Submitter P it 1 Certified Plot Plan ❑ Stamped Plans ❑ ✓� RKgSSOCIATES ��BodAtQ SwimnngPoots ❑ LAND CONTRACTING Food Packaging/Sales ❑ JOF-rUCCfLLO 1'ter an Site ❑ pROJE07 MANAGER 213 West street II 0104 M;iford,MA01757 offlcE:(508)482- , ,y,landmarkassoacom cELL (774)r,713.240 nd a�kassoacom __.,. -�.rtrxGSECTIONS FOR OFFICE USE ONLY ..ML'0� o INTERDEPARTMENTAL SIGN OFF-U FORM DATE REJECTED DATE�A�PPJR/ nV_ED PLANNING&DEVELOPMENT ❑ - ` COMENTS CONSERVATION ❑ ❑ COMMENTS DATE REJECTED DATE APPROVED HEALTH ❑ ❑ COMMENTS Zoning Board of Appeals:Variance,Petition No: Zoning Decisionlreceipt submitted yes Planning Board Decision: Comments Conservation Decision: Comments Water&Sewer Connection/Signature&Date Driveway Permit Located at 384 Osgood Street FIRE DE-P/AFt�M)=X11:=�-Ternp=Dumps�ter an site eyes - na � � -= - �F�re�Depa me t. gna urea e� OM ENl"�S � e Dimension Number of Stories: Total square feet of floor area,based on Exterior dimensions. Total land area,sq.ft.: ELECTRICAL:Movement of Meter location,mast or service drop requires approval of Electrical inspector Yes No DANGER ZONE LITERATURE: Yes No MGL Chapter 166 Section 21 A--F and G min.$1oo-$1000 fine NOTES and DATA—(For department use © Notified for pickup Call Email DateTime Contact Name Doo.Buiiding Permit Revised 2014 Town of Andover bqb ;jojj ft Mass, 9 - at 2 o16 ver,M - - BOARD OF HEALTH Food/Kitchen ) ERMIT T ILD _Septic System CERTIFIES THAT.......... ANS 1'11 ..........A.U.P.G ............................................ BUILDING INSPECTOR rip r....rv.".P.*c.......sr Foundation permission to erect..........................buildings on................... Rough occupiedas............................................................... .......0.7.......................... Chimney ided that the person accepting this permit shall in every respect conform to the terms of the application Final le in this office,and to the provisions of the Codes and By-Laws relating to the Inspection,Alteration and struction of Buildings in the Town of North Andover. PLUMBING INSPECTOR Rough -ATION of the Zoning or Building Regulations Voids this Permit. Final PERMIT EXPIRES IN 60MONTHS ELECTRICAL INSPECTOR UNLESS CONSTRUCTI RAT Rough Service 6 ........ .... ..... Final B611-614*NSPi�CiTO�R , GAS INSPECTOR Occupancy Permit Required to Occupy I3uildin Rough Display in a Conspicuous Place on the Premises—Do Not Remove Final FIRE DEPARTMENT No Lathing or Dry Wall To Be Done Until Inspected and Approved by the Building Inspector. Burner Street No. Smoke Det, I Commonwealth ofMaassachusetts Depazrtvent of Industri at Accidents Office of M-shgaations t 600 Washington Street Boston,AM 02111 ° wwww.maass goyldiaa 6TorIieIn b rs,CompensationInsuranceAffidavit:BuilderslContractors/E leaset ciari Us/P k¢ hI Apj2HcaRt Information Name(BusinesstOrganizationftdividual): Address: 21,3 es bo Uf f r t?fit City/StatelZip: ! c i `K 411} ph.#: Arey anemployer?Check the'appropriate bme Type of project(required): to er with l( 4. I am a general contractor and I New construct on 1. I am a employer have hired the sub-contractors 7 (]lrenrodzl'ling (fuIl and/orpart-time?. listed on the attached sheet.t 2 Z am a sole proprietor or partner- Thesesub-contractors levo &. Demolition ship and have no employees g Building addition capacity. workers'comp.insurance. 0 working for me in any P tY• 5 ❑we are a corporation and its [No workers'comp.insurance IO.C]Electriealrepa rs or additians officers have exercised their req ured] right of excerpt on per MGI; Il.�Plumbing ripens or addit ons 3.[]I am a homeorrurez doing all work c.152,§1(4),and we have no 12.E Roof repairs myself.[No workers'comp. employees.[No workers' 13.[�Other insirzance required.]t comp,msmance required.] *Any applicantthat checks box#1 must Iso fill o'.rt the sectionbelow slowing their workers'compensation policy matron. i Aomeownars who sutmvtflus affidavit indicating they are doing all�'°k and than hire ou�ide contmetors mist suhmit a naw affidavit indicating such =Contractors that check thisbor mist attached an additio..I sheet.'lowing the name of the sub-wntractors and their w°rkers'comp.policy infonneiion. jam an empZayer that is providing workers'campensatian insurance for my employees..BeZory is the policy and job site information. lnsnrance Company Name: j t f r Policy#or Self-ins.Lie.#: 0 7LA tf'C_ Exp ration Date- 17 Is Job Site Address: !. = (£ ' I z —City/Statc/Zip: /V '�n t L` ate Attach a copy of the workers'compensation policy declaration page(shoevingthe policy number and expiration )• Failure+a secure enverage 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 andlor one-year imprisonment,as well as civil penalties in the form of a STOP Ga O 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 da hereby certify under the pain.and penalties ofperjury that the information provided above is pe and correct CFK 3 a,%t i xDate: Phone# fj I s 1 2f2t 6 Si aturd ` r F(Other only Do not write in this area,to be completed by city or town offreiatn: Permit/License#hority(circ[a onej:health 2.Building Department 3.City/Town Clerk 4.Electrical inspector 5.Plumbing Inspe�tOrEho€terson- Workers Compensation and Employers Liability Slr^R Insurance Policy ,Pot�c��� I N S U R A N C E '® *.. /2 0510115016 05le112a17 C O M P A N Y we 0788099 12.01 AM.sr d.,+� f ki I rai f ted h I rh:_ 26255 American Drive e bO � atts �tol Southfield,MI 48034-6112 WC 0788099 Policy Declaration M UN LMM tIa ie lnurid: at . _.,._z ~ - ROVbL INSURANCE AGENCY, INC. C"r'.IARELLI LRS1D[AARK ASSOCIATES INC _45 ROSEMARY STREET, BLDG A 213 REST ST ....NAm MA 02494-3238 MILRORO MA G1'/5�-2201 FEIN# Risk ID# Entltyof Insured UNEMPLOYMENTID# CARRIER# 000821937 01817nl CORPORATION 24562 Other Workplaces Not Shown Above: 2.The Policy Period is from 05/01/2016 to 05/01/2017 12:01 a.m.Standard Time at the Insured's mailing address. 3.A. Workers Compensation Insurance: Part ONE of the policy applies to the Workers Compensation Lase of the states listed here:MA ti B. Employers Liability insurance: Part TWO of the policy applies to work in each state listed in Item 3 The limits of our liability under Part TWO are: 000,aoo each accident Bodily Injury by Accident $ 1 Bodily Injury by Disease $ 1,000,000 policy limit Bodily Injury by Disease $ 1,00G,000 each employee C.Other States Insurance:Part THREE of the policy applies to the states,if any,listed here:A l states except North Dakota, Ohio,Washington,Wyoming, and states designated in item 3.A.above. D.This policy includes these endorsements and schedules: See attached schedule 4.The premium for this policy will be determined by our Manuals of Rules,Classifications,Rates,and Rating Plans. All information required below is subject to verification and change by audit. Assessments and Taxes SEE EXTENSION OF INFORMATION PAGE MA $549 If the premium is paid on an installment basis,a$5.00 per payment charge applies. 10,176 Total Estimated Annual Premium $ Expense Constant $ 338 Premium Discount $ Minimum Premium $ 500 Deposit Premium $ 10,725 Premium Adjustment Period: ❑ Annual; ❑ Semiannual; ❑Quarterly;N Monthly issued Date: 03/30/2016 Authorized Representative 1 Issuing Office INSUREb COPY we w oo of(Ed.52104) LANDMARK ASSOCIATES ------_.GENERAL CONTRACTING COMMERICIAL IMPROVEMENTAGREEMENT Read this agreement and make sure you understand it before signing it. GENERAL CONTRACTOR: Landmark Associates General Contracting,Inc. 213 West Street Milford,MA 01757 Phone:508.482.0104 Fax:508.902.0244 www.landmarkassoc.com HIC Registration#:161055 CSL Registration#:CS 064906 OWNER(S): Northeast UroloeieSurgerv,P.C. 231 Sutton St.Unit#ID North Andover MA 01845 This Commercial hnprovement Contracting Agreement("Agreement")is made and entered into on this the 3rd day of August 2016, by and between Chiarelli Landmark Associates,Inc.d/b/a Landmark Associates General Contracting,Inc(the"Contractor')and Northeast Urologic Surgery,P.C.(the"Owncr(s)"). In consideration of the mutual promises contained herein and subject to the terms and conditions set forth in this Agrectnent, Contractor agrees.to perform the renovations and construction work described below(the"Project)to the property located at 565... Turnpike Street,Units 86&.87,North Andover,MA 01845(the"Premises"). The Project:Renovations to existing medical office space Persous Authorized to make decisions affecting cost of the Work:The following people are authorized to make decisions on behalf of Owner(s)which affect the cost of the work on the Project: Bernadette Trenholm �._ 0,SS r-_ &t n SECTION 1.SCOPE OF WORK: Convector shall perform the work set forth in detail in Exhibit A:Scope of Work,attached hereto and incorporated herein("Scope of Work"or"Work"). The Scope of Work is based on architectural plans prepared by D.F.Valente. If there is a conflict between the Scope of Work and the architectural plans,the Scope of the Work controls subject to any subsequent written change orders pursuant to Section 5 of this Agreement. Contractor is not an architect or engineer and is not being hired to perform any of these services.To the extent that Contractor makes any suggestions in these areas,Owner(s)acknowledge that Contractor's suggestions arc merely options and are not a substitute for professional engineering or architectural services,and are not to be relied on as such by Owner(s).Contractor is not responsible for ascertaining wbether details in Owner's plans conform to all applicable building and planning codes.Contractor is not responsible for the cost of correcting errors and omissions by Owner(s)'separate contractors.Except for any such written change orders, the terms of this Agreement are limited to the provisions contained herein and the Contract Documents,which are as follows: 213 West Street Milford,MA 01757 Phone:508.482.0104 www.landmarkassoc.com LANDMARK ASSOCIATES ---' GENERAL CONTRACTING Exhibit A—Scope of Work Exhibit B—Limited Wananty Exhibit C—Notice of Cancellation - Exhibit D-Disclaimer of Responsibility for Owner Supplied Materials SECTION 2.PROPOSED START DATE AND END DATE% The Scope of Work shall commence on or about 3 weeks from the date of contract signature.Contractor will not begin the Work or order materials before the third day following the signing of this Agreement,unless specified here in writing.The commencement date is subject to permit and variance issue dates,completed architectural drawings and specifications,and structural and framing,schedules. The Work shall continue on a regular basis except for delays beyond the Contractor's control and is anticipated to be substantially complete in 36-45 Calendar Days.Contractor agrees to keep Owner informed of any delays that may interfere with substantial completion within the estimated period set out above. Project specifications warrant that all noisy work that may affect the daily operation of othertenants in the building will occur on nights and weekends.Therefore,this work will occur from Spm to Sam during the week and anytime on a Saturday or Sunday. Quiet work will occur either during the times set forth above or during the daytime hours between lam and Spm. "Substantial Completion"shall,for purposes ofthis Agreement,occur when(a)the Contractor has obtained finish plumbing,electrical and framing inspections;(b)the Project has been substantially completed in accordance with all plans and specifications attached hereto and in full compliance with all applicable state,federal and municipal rules and regulations;(c)the Premises are ready for complete physical occupancy by the Owner with only minor"punch-list"items remaining which do riot materially Interfere with the Owner's full use and enjoyment of the Premises;and(d)the work is done to the mutual satisfaction of the parties.At the time of Substantial Completion,the Contractor and the Owner will,in good faith,prepare and initial a so-called punch-list identifying the minor items of construction which have not yet been completed.Should a punch-list exist beyond Substantial Completion,thepunch-list will be valued and an appropriate hold back amount agreed upon by both parties will be kept by the Owner until the punch-list is completed.Any item that is not on the punch-list shall become a warranty item. The Contractor will use reasonable diligence to complete the punch-list hems promptly following Substantial Completion,weather, availability of materials and availability of labor permitting.The Ow•nar(s)also understand that completion of the punoh-tisk may result in some inconvenience(e.g.,continued access to the Premises and the inability to use certain rooms and/or features).The Owner(s)shall pay the balance of any holdback funds to the Contractor upon completion of all punch-list items previously agreed upon by the parties at the time of Substantial Completion. For purposes of this Agreement,the Work shall be deemed complete upon(i)the taking of final inspection,(ii)the receipt of a certificate of occupancy,if necessary,and(iii)the completion of all mutually-agreed upon punch list items,if any. The Contractor shall not be liable for any consequential,incidental or contingent damages for,and there shall be no such reduction or holdback of funds in the event of,any delay or nonperformance caused by acts of God,strikes,shortages of labor or materials,holidays, inclement weather,accidents,alterations or modifications agreed to by the Owner(s),delays caused by the Owner(s),delays by state or municipal governmental offices,"Hidden Conditions"as defined in Section 6 of this Agreement or any other contingency beyond the Contractor's control.In addition to any other extensions provided for in this Agreement,Contractor shall receive a reasonable extension of time to commence and/or complete its Work hereunder following the cessation of any delay and such extension shall be set forth in a written change order pursuant to Section 5.to the event the Contractor is unable to complete the performance of its obligation under this Agreement due to acts of God,strikes,unavailability of supplies or materials,or any other contingency beyond its control after 14 days,either party may cancel this contract,in which event the Owner(s)shall be liable to pay the Contractor the amount of labor and materials already furnished as well as reasonable profit and overhead.Such payment is to be made within seven(7)days after the date of such cancellation. 213 West Street Milford,MA 01757 Phone;608.482.0104 www.landmarkassoc.com LANDMARK ASSOCIATES --- GENERAL CONTRACTING SECTION 3.PERMIT ACQUISITION: The Contractor,under provisions of M.G.L.c.142A is required to apply for and obtain all construction-related permits. Contractor shall obtain all permits required by government bodies,unless otherwise specified,as the Owners)agent.The cost of said permits will be part of the total contract price charged to Owner(s).Owner(s)who secure their own construction-related permits or deal with unregistered contractors shall be'excluded from access to the Guaranty Fund provision of M.G.L.c.142A.The following construction-related permits are required for this Project: Building Permit: Plumbing Pemrit: Electrical Permit: Sprinkler Permit Other: N/A SECTION 4.PAYMENT SCHEDULE: The Owner(s)shall pay the Contractor the sum of$13L040.00 Inc the materials and labor provided in this Agreement,subject to any modifications as stated in herein,pursuant to following the payment schedule: Item: Amount: Down payment:Upon execution of this Agreement $30,000 '... V Installment:by $15,000 or upon completion of Demolition 2"d installment:by_/^/_ or upon completion of Rough Frame,Electric,Plumbing,HVAC,Sprinkler $30,000 3rd installment:by—I /_ $20,000 or upon completion of Wall board,Cabinctry,Shelving 41^Installment:by_(_/, $15,000 or upon completion of Painting,Finish Carpentry,Ceiling 51"Installment:by_! /_ $15,000 or upon completion of Flooring 61"Installment:by_,/_h $6,040 or upon completion of Punch List and Final Clean up NO FINAL PAYMENT MAY BE DEMANDED UNTIL THE CONTRACT IS COMPLETED TO THE SATISFACTION OF THE PARTIES THERETO. if the Project scheduling is accelerated significantly,the payment schedule will be adjusted accordingly. Owner(s)shall pay Contractor interest at the rate of one and one-half percent(1.50%)per month on the total portion of the price that remains unpaid seven(?)days or more after the date upon which payment is due.If the owner(s)refuse to pay for any progress payment which is more than 30 days past due,the Ohmers)shall be deemed in breach of this Agreement and the Contractor may stop work at any time and recover the amounts enumerated in Section 12.Default By Owner and shall be entitled to recover its costs of collection, including its reasonable attorney's fees. 213 West Street Milford,MA 01767 Phone:608.482.0104 www.landmarkassoc.com LANDMARK ASSOCIATES ----GENERAL CONTRACTING' If requested by the Contractor at the time of the execution of the Agreement,the Owner(s)must furnish reasonable evidence to the Contractorthat they have made financialarrangements tofulfill their obligations under this Agreement.Unless such reasonable evidence is furnished,the Contractor is not required to execute the Agreement or to commence the Work.The Contractor may not require payments be made in advance of the times specified in the Payment Schedule for the reason that it deems itself or the payments due hereunder to be insecure;however,it may require,as a prerequisite to continuing the Work described herein,that the balance of-the payments under this Agreement that are in the control of the Owner(s),be placed in ajoint escrow account that requires the signature of both the Contractor and the Owners)for withdrawal. SECTION 5.CHANGE ORDERS: Any alterations or modifications initiated by the Owner(s)must be agreed upon and will be executed upon a written Change Order issued by Contractor and signed by both Contractor and Owner(s)with the price and number of days for performance specified before work on any such alteration or modification shall commence.The amount for such additional work shall be determined and agreed upon in writing,and shall be charged as a fixed price,which shall be due before commencement of the additional work as provided for in the written Change Order.In addition,the date of substantial completion shall be extended by the number of days agreed upon for performance.If the Owner(s)refuse to pay for any Change Orders by the payment due date,the Owner(s)will be deemed in breach of this Agreement and the Contractor may stop work at any time and recover the amounts enumerated in Section 12.Default By Owner and shall be entitled to recover its costs of collection,including its reasonable attorney's fees. Owner(s)agree to promptly furnish Contractor with all details and decisions regarding any changes in the Scope of Work,and to consent to or deny any changes in the Scope of Work that may arise so as not to delay the progress of the Project. If the Owner(s)cause an unreasonable delay in the Work,they agrees to sign a Change Order extending the date for substantial completion, Any increase in the Scope of Work set forth in this Agreement which is required by plan checkers or field inspectors with city or county building/planning departments or required due to any"Hidden Defects"as defined in Section 6 below,will be treated as additional work to this Agreement for which the Contractor will issue a change order.If there is an increase in the cost of materials of 10°l or more due to the delay of the Owner,this increase will result in an automatic change order that will be charged to the Owner(s). Contractor will make all reasonable efforts to keep costs within budget. Contractor's agents authorized to make decisions affecting Change Orders:The following people are authorized to make decisions on behalf of Contractor which affect change orders: Tony Chiarelii Joe Tuceillo SECTION 6.HIDDEN OR UNFORSEEN CONDITIONS: The parties hereby acknowledge and agree that in certain remodeling work,the demolition of portions of the pre-existing structure may reveal additional defects,conditions or the need for additional work that could not have been identified by Contractor with reasonable diligence("Hidden Defects")which must be repaired,altered or carried out in order to commence or to complete the Scope of Work. Further,as result of such Hidden Defects,the Substantial Completion date and total Agreement price may need to be modified.Any additional work required will result in the issuance of a written change order. The parties agree such modifications are not avoidable and shall not be considered a breach of this Agreement. If Contractor and/or his Subcontractors notice any existing conditions that,in their opinion may cause future problems,they will notify the Owner(s)of these conditions and suggest repairs.I€the Owner(s)decide not to correct these conditions and a problem occurs later, Contractor shall not be held responsible. Asbestos&Hazardous Material.Except for any such work included in the Scope of Work,Contractor shall not be held responsible for the identification,detection,abatement,encapsulation or removal of asbestos or similar hazardous substances. In the event that Contractor encounters any such hazardous substances in the course of the performing of the Work,Contractor shall have the right to stop Work and remove its employees from the Premises until no such hazardous materials or conditions exist,as the case may be. 213 West Street Milford,MA 0767 Phone:508.482.0104 www.landmarkassoc.ccm LANDMARK ASSOCIATES -----GENERAL CONTRACTING ---- Contractor shall receive an extension of time to complete the Work hereunder.Furthermore,notwithstanding the Contractor's right to temporarily discontinue work,the Contractor may,at its option,rescind the contract and return to the Owner(s)any money paid to lite Contractor,less any of the Comraetoes out-of-pocket expenses. Radon Notice and Disclaimer. The United States Environmental Protection Age noy has expressed concern over the presence of naturally occurring radon gas in homes. Prolonged exposure to high levels of indoor radon or its progeny may affect the health of occupants.Contractor makes no representation or warranty as to the presence or lack of radon gas or other hazardous environmental conditions,or as to the effect of radon or any such condition on the Premises. SECTION 7. LABOR AND MATERIALS: The Contractor shall be solely responsible for the Work described in this Agreement and shall have complete control over construction methods,techniques and procedures and shall supervise such work with its best skill and attention. The Contractor shall pay for all labor,equipment,materials and services required to complete the Work as described in this Agreement, as well as building permits and other governmental fees,licenses and inspections necessary for the proper completion of the Work and invoice Owner(s)according to the payment schedule set forth herein.All Work done by Contractor shall he done in a workmanlike manner and in accordance with the Contract Documents. The Contractor shall keep the Premises free from accumulation of waste materials or rubbish(except in a designated area or container) caused y its operations.At the completion of the Work,Contractor shall remove all waste materials and rubbish from the Premises,as well as all tools,construction equipment,machinery and surplus materials;and ifrequired.by this Agreement,all hazardous materials, b wastes or contaminants as referred to herein will be disposed of properly in accordance with such laws and at a legally pre-approved site. SECTION 8.SUBCONTRACTORS: All Subcontractors shall be properly licensed and Contractor shall coordinate their work so that all work will be in harmony on the Project.During the tern of this Agreement,Owncr(s)shall not enter into any agreement directly with any subcontractor to perform any work related to the Project without obtaining prior,written authorization from Contractor. In the event such authorization:is given,a copy of the fully executed contract between the Owner(s)and the subcontractor,showing the costs of goods and services must be furnished to the Contractor before any such subcontracted work may begin.The Contractor shall be entitled to charge the Owner(s)an amount equal to 20%of the total cost of any such subcontracted work and the Owner($)shall pay the Court actor said amount at the same time and In the same percentage as payments are made to the subcontractor under their subcontract. The Contractor shalt not be liable to the Owner(s)for the qualityof work or materials provided pursuant to a direct contract between Owner(s)and any subcontractor. The Contractor's receipt of payment from the Owner(s)set forth in this section shall not constitute a warzanty of the subcontractor's work or materials. SECTION 9.OWNER'S DUTIES: (a) Utilities:For the duration of the Project,electric,water,heat and other utilities shall be furnished by the Owner(s)at no expense to Contractor and will be adequate for the Work required under this Agreement.Owner(s)wilt also provide segregated storage areas on the Premises for materials delivered to the work site. (b) Full Cooperation:Owner(s)will cooperate in the execution of the Work and will furnish information and/or services necessary for the timely performance of the Work with reasonable promptness to avoid any delays in the ordinary progress of the Work.Owners) will advise the Contractor of any condition(s)at the Premises that they are or become aware of which may affect Contractor's ability to perform.Owner(s)will execute(sign)in a timely manner all permit applications and other documents necessary for the Work to proceed. Owner(s)agrees not to interfere with the Contractor nor any tradesperson,employee,subcontractor,independent contractor or other worker in the performance of their obligations under this Agreement. (c) Access to Premises:The Owner(s)hereby agree that the Contractor and the Contractor's representatives shall have the right to access the Premises from the date of this Agreement up to and including the date of completion. Owner(s)shall grant free access to 213 West Street Milford,MA 01767 Phone:508.4820104 www.landmarkassoe,com LANDMARK ASSOCIATES -- — GENERAL CONTRACTING--- work areas for workers and vehicles during normal working hours. Owner agrees to keep driveways clear and available for the movement and parking of trucks during normal working hours.Contractor shall adequately protect the Premises and adjacent property subject to this Agreement,but shall not be held responsible for damage to driveways,walks,lawns,trees and shrubs caused by contractors,agents,servants,employees or subcontractors,and trucks,unless due to the gross negligence by Contractor or Contractor's agents,servants,employees or subcontractors. (d) Personal Property:The Owner(s)will remove all personal property from the work areas. The Contractor will not assume responsibility for protection of clothes,computers,stereo equipment,TV's,antiques,paintings,china,crystal,perishable items(food& alcohol),etc.and all sensitive items are the sole responsibility of the Owner(s). The Owner(s)are solely responsible for the safety of all pets during the Project,Appliances being reused which lay idle during the Project may not function correctly upon re-start and any such resulting damage is the full responsibility ofthe Owner(s). (e) Communication:The Owner(s)and their representatives,understand and agree that contractors and subcontractors involved in the Project are accountable to the Contractor and as such,Owner(s)shall not communicate with the Contractor's agents,employees or subcontractors and any and all requests for changes,additions,deletions,etc.must be made to the Contractor,or the Contractor's designee set forth in Section 5,directly.Contractor is authorized to display his sign on the Premises until completion of the Project. SECTION 10.INSURANCE: The Contractor agrees to carry liability insurance as is necessary to protect the Contractor,his employees,subcontractors and the Owner(s)from claims for bodily injury,including death,which may arise from the performance of this Agreement by the Contractor. The Contractor hereby warrants that all employees and subcontractors under its supervision performing W ork at the Fremises are covered by workers'compensation insurance.Contractor shall furnish certificates of insurance to Owner(s)upon request. The Owner(s)will purchase,effect and maintain property insurance for all the Work to be performed under this Agreement.The policy shall be a Homeowner's or Builder's Risk type on a replacement cost basis,"Special Form."The policy shall be equal to the full insurable value of the Work.The coverage shall not necessarily extend to tools and equipment ofthe Contractor,subcontractors of any tier,or property owned by employees ofany ofthem,vehicles of any kind,or drawings or specifications.However,the Owner(s)agree to use ordinary care in the storage of tools and equipment of the Contractor,subcontractors of any tier,and job materials and supplies located on the Premises for the duration of this Project.This Insurance shall include the interests of the bank,or other mortgage holder, if applicable,and the Owner shall insure against"all risks"of physical loss or damage. In addition to Owner(s)usual property and liability insurance,Owner(s)agree to carry insurance in amounts sufficient to cover claims, of any nature,arising out of or relating to existing or newly constructed structures,or any portions thereof. Said insurance shall also include,but not limited to,coverage for materials and fixtures,delivered,installed,placed or erected at the Premises or at any temporary location,Such insurance shall provide complete replacement for damaged or lost property due to fire,theft,vandalism and all"extended perils." SECTION 11.DEFAULT BY CONTRACTOR: If Contractor fails to perform the work with reasonable diligence or abandons or ceases work for a period often(10)business days,so long as the Contractor's failure to proceed was not caused by weather conditions,shortages of materials,strikes,Hidden Defects, difficulties with securing permits,problems with local authorities,(not the fault of the Contractor)or any other cause which is beyond the Contractor's reasonable control;or fails to pay laborers,mechanics,materialmen and/or suppliers when due;or shall become insolvent;or is unable to meet its obligations as they become due;or shall comnence any proceeding in bankruptcy;or,if such proceedings are commenced against the Contractor(and are not discharged within thirty(30)days of their commencennent),then the Owner(s)may,without prejudice to any other fights they may have,terminate and cancel this Agreement by giving forty-eight(48) hours written notice of such termination to the Contractor. In the event of a default by the Contractor,the Contractor shall remove all of its tools,materials and debris forthwith,including all unpaid-for materials delivered to the premises but not yet incorporated therein. The Contractor's right to payment in the event of the Contractor's default shall be limited to the cost of all unpaid labor and materials for all Work incorporated into the Project(whether invoiced or not)plus reasonable profit and overhead. 213 West Street Milford,MA 01757 Phone:508.482.0104 www.landmarkassoc.com - a LANDMARK ASSOCIATES — --GENERALCONTRACTING --- SECTION 12.DEFAULT BY OWNER In the event that the Owner(s):(a)fail to make any progress payment within two(2)days of the date such payment is due;(b)cause the Work to be stopped through any act or neglect for a period of five(5)days or more;or(c)are otherwise in breach of any provision of this Agreement,Contractor may terminate this Agreement by giving forty-eight(48)hours written notice of such termination the Owner(s)and may thereafter recover the cost of all unpaid labor and materials for all Work incorporated into the Project(whether invoiced or not)plus reasonable overhead and profit.If the Contractor is required to proceed with any action against the Owner(s)for Owners)Default,Owner(s)agree to pay all of Contractor's reasonable attorney's fees,together with interest and costs. Should the work be stopped by any public authority for a period of five(5)five days or more,through no fault of the Contractor,then the Contractor may stop work or may terminate this Agreement by giving forty-eight(48)hours written notice of such termination the Owners)and may thereafter recover the cost of all unpaid labor and materials for all Work incorporated into the Project(whether invoiced or not)plus reasonable overhead and profit. In the event of a Default by Owner(s),the Contractor shall remove all of its tools,materials and debris forthwith,including all unpaid- for materials delivered to the premises but not yet incorporated therein. FContrartor 3.ARBITRATION: or and the Owner(s)hereby mutually agree in advance that in the event that one of the parties hereto has a dispute is Agreement,such party(the"Moving Party")may submit such dispute to a private arbitration service which has beenthe Office ofConsumer Affairs and BusinessRegulation and the other party shall be required to submit to such arbitrationin MGL c.142A. oteuest extent permitted by law,each of the parties hereto shall be entitled to have any claims against it decided in arbitration, even if the Moving Party initiates an action in the courts.In such event,at the non-MovingP s Option the court action shall be stayed while the matter is decided in arbitration.The prevailing party in any arbitration may petition a Court cfeompetemjurisdiction for enforcement of such decision. As long as both parties agree,they may at anytime and without consequence opt out of this Arbitration agreement and seek redress in any court of competent j urisdiction. Notwithstanding the foregoing any controversy or claim arising out of or related to this Agreement involving an amount of less than $7,000(or the maximum limit of the court)may be heard in the Small Claims Division of the Municipal Court in the county where the Premises are located and judgment upon an award in Small Claims Court may be entered in any Court having jurisdiction thereof. NOTICE: The signatures of the parties apply only to the agreement of the parties to alternate dispute resolution initiated by the Contractor.The Owner(s)may initiate alternative dispute resolution even where this section is not signed separately by the parties. We,Landmark Associates Restoration Contractors and the Owner(s),have read the above Arbitration Agreement and understand its terms and both have signed it as our free act and deed. Owner Name; Date wr:er Na Date Landmark//ssociates Date General Cfbnhacting By:Tony Chiarelli 213 West street Milford,MA 011767 Phone:508.482.0104 www.landmarkassoe.eom LANDMARK ASSOCIATES --- GENERAL CONTRACTING— SECTION 14,RIGHT OF CANCELLATION; owner(s)may cancel this Agreement at any time prior to midnight of the third business day after the date of this transaction. Such cancellation must be done in writing by executing the Notice of Cancellation attached hereto as Exhibit C. In the event the Owner(s)cancel this Agreement after its execution and provided that:(i)the Contractor is not in default under this Agreement:and(ii)this Agreement has not been terminated in accordance with Default by Owner or Default by Contractor or the three- _ day right to rescind above,then the Owners)shall forfeit the amount of the down payment given to the Contractor at the time of the execution of the Agreement,and,in addition,shall pay to the Contractor such proportion of the total Contract Price as the,amount of labor and materials furnished bears to the total amount of labor and materials agreed upon to be furnished under this Agreement, including any and all items on order which cannot be returned for full credit,the same to be paid within seven(7)days of the date of such cancellation. SECTION 15.OWNER'S RIGHT TO REGISTRATION INQUIRY: Subject to certain exceptions,all home improvement contractors and subcontractors shall be registered and any inquiries about a Contractor or subcontractor relating to a registration should be directed to: Office of Consumer Affairs and Business Regulation 10 Park Plaza,Room 5170 Boston,MA 02116 617-473-8787 or 888.283-3757 SECTION 16.MISCELLANEOUS: (a) Execution of A reg e, Ment: This Agreement must be executed in duplicate and should not be signed until a copy of all exhibits and referenced documents have been attached.Work may not begin until both parties have received a fully-executed copy of this Agreement and the three-day rescission period has expired. (b) Governing Law:The taws of the Commonwealth of Massachusetts shall govern all claims arising under this Agreement or concerning the Work performed on the Project.Any action brought under this Agreement or related to the Project shalt be brought in the appropriate court in the Commonwealth of Massachusetts. (c) Notices:All notices shall be in writing and sent to the parties at the addresses enumerated herein or at such other addresses as either party shall from time to time designate by written notice to the other patty. All notices shall be deemed duly given when delivered by certified mail,return receipt requested,by delivery service against receipt or date upon which delivery is refused, (d) Succes orrs_snd MIg v:This agreement shall inure to the benefit of and be binding on the parties named herein and their respective successors and assigns. (e) No Assignment:Neither party may assign this Agreement without the express,written consent of the other party. (f) Integration:The parties acknowledge and declare that this Agreement(together with all the Exhibits hereto)contains the entire agreement between the parties,supersedes all prior negotiations between the parties and that there are no agreements,promises,terms, ments leading to the execution hereof,express or implied,other than those conditions or understandings and no representations or induct herein set forth in this Agreementand that no oral agreement or prior written matter extrinsic to the Agreement shall have any force or effect.Any changes or alterations to this Agreement shall be valid and effective only ifagreed upon in writing between the parties. (g) Severability:In the event that a provision or any part of a provision of this Agreement shall be finally determined to be superseded,invalid,illegal or otherwise unenforceable pursuant to applicable laws by an authority having jurisdiction,such 2i3 West Street Milford,MA 01757 Phone;508.482.0104 www.landmarkassoc.t:om LANDMARK ASSOCIATES -----'GENERAL CONTRACTING -- determination shall not impair or otherwise affect the validity,legality,or enforceability of the remaining provisions or parts of provisions ofthis Agreement,which shall remain in full force and effect as if the unenforceable provision or part were deleted. (h) Counterparts:This Agreement maybe executed simultaneously in any number of counterparts,each of which shall be deemed to be an original,but all of which together shall constitute one mid the same instrument This Agreement shall remain in continuing force and effect until it is terminated or anew contract is executed. The parties hereby agree that they have read and fully understand the above Agreement and that the terms and conditions described therein are satisfactory and are hereby accepted DO NOT SIGN S AGREEMENT IF TI-IF.RE ARE ANY BLANK SPACES. IN W1TN S HEREOF, parties have read the above Agreement and understand its terms and both have signed it as our free act and deed'ah have exec his A ement as an instrument under seal as of the date first set forth above. Owne me: Date Ow er Name: Date OZ Landmark Ass isles Generat�ontracting Date By:Tony Chi reIli 7ivo identical copies of the Agreement with all attachments must be completed and signed The(honer{s}and Contractor shall each receive an orightid 213 West Street Milford,MA 01757 Phone:508.482.0104 www.landmarkassoc.cam LANDMARK ASSOCIATES ---GENERAL CONTRACTING---'" EXHI&1T A SCOPE OF WORK I. The overall scope of work shall be that which is illustrated and described in the drawings A-1,A-2,Sc A-3. 2. Changes and clarifications to the scope as discussed or discovered include; a, Relocation of entry door near reception desk is eliminated due to common hallway restrictions. Fxisting door will remain in place. b. Reception wall will be covered with a laminate panel to prevent scuffing from patients shoes and bags etc. c. All new flooring to be LVL tiles. ($4,800 allowance on material) d. General electrical work is included. Data,phone,cable to be done by others. e. Cabinets are to be white. f. Paint is to be washable. g. Chair rail to be installed in the hallways and the waiting room. It. We found pre-assembled medical grade cabinetry units including sinks,etc. We have set an allowance of$10,500 for the materials for all cabinetry,hardware,sinks,and counter tops. This does not apply to the work counters in the reception area.There are other grades of products that can be chosen for as little as$3,500,it would be your preference. i. The entire ceiling grid assembly will be removed in order to accommodate for the new ceiling Jay out.New grid and tile willbe installed, j. There is a plumbing allowance of$5,000. Substitutions. In the event any materials herein described are not available,the Contractor reserves the right to make substitutions, provided that the Contractor gives prior Witten notice to Owners)before the proposed substitutions are made,and provided further that the substitutions are equal to or exceed the quality of the items herein described. spects and the balance of if the Owner(s)choose to wait for the original items),then the project will to the be daeseo ed complete omed plet th inalll ofhe then tem. The ow er(s)shall the retained funds shall be paid to the Contractor less a sum eq notify the Contractor when the original item(s)is delivered and the Contractor shall install it within thirty(30)days.Upon installation of the hem(s),the Owner(s)shall remit to the Contractor the balance of the retained funds. Should the Contractor and the Owner be unable to obtain and install a particular item within thirty(30)days following substantial completion of the Project,then the Owner shall either select a substitute item that is readily available to the Contractor,or else the Owner shall inform the Contractor that he/she does not wish to select a substitute item and will await delivery of the original item 213 West Street Milford,MA 01757 Phone:508.482.0104 www.landmarkassoc.com i LANDMARK ASSOCIATES --GENERAL CONTRACTING--� EXCLUSIONS TO SCOPE OF WORK This Agreement does not include labor or materials for the following work: PROJECT SPECIFIC EXCLUSIONS: STANDARD EXCLUSIONS: Unless specifically included in the"Scope of W ork"section above,this Agreement does not include labor or materials for the following work: Plans,engineering fees,or governmental permits and fees of any kind, Testing,removal and disposal of any materials containing asbestos(or any other hazardous material as defined by the EPA,including,but not limited to mold).Energy Star Rating(I-TRS rating costs are not included. Custom milling of any wood for use in project. Moving Owner's property around the site.Labor or materials required to repair or replace any Owner-supplied materials.Repair of concealed underground utilities not located on prints or,physically staked out by Owner which are damaged during the Project.Surveying that may be required to establish accurate property boundaries for setback purposes(fences and old stakes may not be located on actual property lines).Landscaping and irrigation work of any kind. Temporary sanitation,power,or fencing. Removal of soils under house in order to obtain IS inches(or code required height)of Blear space between bottom of joists and soil.Removal of filled ground or rock or any other materials not removable by ordinary,hand tools (unless heavy equipment is specified in Scope of Work section above). Correction of existing out-of-plumb or out-oflevel conditions in existing structure. Correction of concealed substandard framing. Reroutingtremoval of vents,pipes,ducts,structural members, wiring or conduits,steel mesh which maybe discovered in the removal of walls or the cutting of openings in wails,Unless specifically included,electrical work contemplates no change to the existing service panel other than the addition of circuit breakers to distribute electrical current to new outlets.Costs incurred in changing point of service,main switch,or meter that maybe required by any inspector orutility.Removal and replacementofexistingdryrot,worktocorrectdamagefromtermiteorinseetinfestation.Failureofsurrounding part of existing structure,despite Contractor's good faith efforts to minimize damage,such as or floor tile cracks,squeaking floors, drywall cracking and popped nails in adjacent rooms or blockage of pipes or plumbing fixtures caused byloosened rust within pipes, construction of a continuously level foundation around structure(if lot is sloped more than 6 inches from front to back or side to side, Contractor will step the foundation in accordance with the slope of the lot), Public.or private utility connection fees. Whole house cleaning(the home will be left in broom-swept condition). 213 West Street Milford,MA 01757 Phone:508,482,0104 www.landmarkassoc.com ii LANDMARK ASSOCIATES -----GENERAL CONTRACTING"""`-' EXHIBIT B LIMITED WARRANTY Provided that final payment is timely,the Contractor warrants that for a period of one(1)year after the date of completion as defined herein,the materials and workmanship provided by the Contractor,which are not covered by other sections of this Limited Warranty, will be free of defects in material and workmanship. This Limited Warranty is the only warranty,expressed or implied that the Contractor gives.Contractor disclaims,and Owners)waive all other warranties,express or implied,including but not limited to the warranties of habitability,merchantability,fitness of purpose and any warranties that could be construed to cover the presence or absence of radon or other hazardous materials.The onlymatranties Contractor provides to the Owner are those contained in this Limited Warranty.The extent of liability under this Limited Warranty is limited to the repair of defects in workmanship and materials or the replacement of defective materials provided by the Contractor. This Limited Warranty is given by the Contractor to the Owner(s)of the premises only and is not transferable to,and shall not he enforceable by,any transferee or successor of Owner(s)(including,without limitation,a purchaser or tenant of the Premises). Owner(s)agree that any removal,adjustments or tampering with any Work or product supplied in this Agreement will be considered breach of contract,and any warranty provided will become null and void. Owner(s)shall allow any Contractor,or any of its representatives the right to remedy any such problem that may arise from workmanship or defects and any refusal to do so by Owner{s)shall be considered to be a breach of this Agreement. I. PUNCHLIST:Thirty-day break-in period.During the first thirty(30)days after the dates of Substantial Completion,the Owner may note minor malfunctions or defects such as sticking doors,nail pops,etc.The Owner(s)shall maintain a I ist of these malfunctions is they occur,and must submit them in writing to Contractor not later than forty-five(45)days after the date of substantial completion.All defects,which are determined to be covered under this warranty,shall be corrected within sixty(60)days.Any defect or malfunction which occurs after the thirty(30)day break-in period shall be classified as a"Latent Defect" 2. LATENT DEFECTS: A latent defect is defined as a malfunction or defect in warrantable items,which becomes apparent after the thirty(30)day break-in period,but before the end of the warranty period. The Owner shall notify the Contractor in wiiting at the address set forth in this agreement of the existence and nature of any latent defects.Such notification shall be within ten(10)days of the reasonable discovery of such defect.If a warrantable defect exists,it shalt be corrected within thirty(60)days after the receipt of written notification by the Contractor,weather,availability of materials permitting. 3. EXCLUSIONS FROA1 LIMITED WARRANTY:The Contractor does not assume responsibility for any ofthe following: a. Appliances,fixtures and equipment which are consumer products other than the Contractor's own workmanship and materials. All warranties for such equipment supplied by Contractor shall be those given by b. the manufacturers of such equipment,which shall be and are hereby passed through directly to the Owner(s), Under such manufacturers'warranties,the Owner(s)may be required to register or mail in a warranty card to give others evidence of Ownership and use of such equipment in order to activate such warranties. The Owner(s)'failure to mail in or register such documentation which may void the manufacturer's warranty,shall not create any responsibility for the Contractor to warranty such equipment. c. Hidden defects in items or materials which are not apparent at the time of incorporation into the improvement and which could not be reasonably detected by careful inspection.Such defects are the responsibility of the manufacturer. d. Defective design or materials supplied by the Owner(s)or installed under the Owner's direction;or defects in or caused by anything not built or installed by the Contractor. e. Notmal wear and tear and deterioration. 213 West Street Milford,MA 01757 Phone:508.482.0104 www.landmarkassoc.com i LANDMARK ASSOCIATES GENERAL CONTRACTING '— f. Shrinkage due to the"drying out"of the improvement after construction. g. Cracks,flaking,cupping,peeling,warpage,and deterioration of grout due to expansion and contraction during extreme change of temperature and humidity. h. Discoloration of materials due to exposure to sun and weather conditions. i. Changes,alterations or additions by parties other than the Contractor. j, Landscaping,including sodding,seeding,shrubs,trees and plantings. k. Accidental loss or damage including,but not limited to:fire,explosion,smoke,water escape,changes not reasonably s,glass breakage,windstorm,hail,or lightning,extremes of earthquake(exclusive foreseeable in the levet of underground water table of soil movement for causes other than flood or carthquake(s);except when such loss or damage is caused by the Contractors failure to comply with accepted industry standards and practices. 1. Loss or damage due to the Owner(s)failure to keep and maintain the improvement in good repair and condition. m. Loss or damage which occurs after the improvements have been used for any other purposes except as a residence. '.. n. insect damage of any nature whatsoever. o. Minor defects,including chips,scratches,and mars in tile,flooring,mirrors,carpeting,marble,glass and plumbing fixtures which are not recognized and brought to the Contractor's attention during the thirty(30)day break-in period. p. Consequential or incidental damages. 213 west Street Milford,MA 01757 Phone:508.482.0104 www.landmarkassoc.com ii LANDMARK ASSOCIATES --GENERAL CONTRACTING EXHIBIT C-1 NOTICE OF CANCELLATION You may cancel this transaction,without any penalty or obligation,within three business days from the date of the Residential Home Agreement,which was dated July 21,2416 If you cancel,any property traded in,any payments made by you under the Agreement,and any negotiable instrument executed by you will be returned within ten business days following receipt by the Contractor of your cancellation notice and any security interest arising out of the transaction will be cancelled. If you cancel,you must make available to the Contractor at your residence,in substantially as good condition as when received,any goods delivered to you under this agreement,or you may,if you wish,comply with the instructions of the Contractor regarding the return shipment ofthe goods at the Contractor's expense and risk, If you do make the goods available to the Contractor and the Contractor does not pick them up within twenty days of the date of your retain or dispose ofthe ds without any obligaon. fyou fail to mike goods notice furt er Contractor, the or if you agree to return the goods to the Conttrincellation,you may erlot and fail to do sol,then youuremain liable for performance of alltobligations able under the Agreement. To cancel this transaction,mail or deliver a signed and dated copy of this Notice of Cancellation or any other written notice,or send a '.. telegram to: Tony Chiarelli Landmark Associates General Contracting 213 West Street Milford,MA 01757 NOT LATER THAN MIDNIGHT OF I HE CANCEL THIS TRANSACTION. DATE ------------ Owner Name: [Two copies of this form to be attached to the Residential Contracting Agreement) 213 West Street Milford,MA 01767 Phone:608.482.0104 www.landmarkassoc.com j LANDMARK ASSOCIATES --GENERAL CONTRACTING---- EXHIBIT C-2 NOTICE OF CANCELLATION You may cancel this transaction,without any penalty or obligation,within three business days from the date of the Residential Home Agreement,which was dated If you cancel,any property traded in,any payments made by you under the Agreement,and any negotiable instrument executed by you will be returned within ten business days following receipt by the Contractor ofyour cancellation notice and any security interest arising out ofthe transaction will be cancelled. If you cancel,you must make available to the Contractor at your residence,in substantially as good condition as,when received,any goods delivered to you under this agreement;or you may,if you wish,comply with the instructions of the Contractor regarding the return shipment of the goods at the Contractors expense and risk. If you do make the goods available to the Contractor and the Contractor does not pick them up within twenty days of the date of your notice of eancellation,you may retain or dispose of the goods without any further obligation.If you fail to make goods avaiiableloth- Contractor, otheContractor,or ifyou agree to return the goods to the Contractor and fail to do so,then you remain liable for performance of all obligations under the Agreement. To cancel this transaction,mail or deliver a signed and dated copy of this Notice of Cancellation or any other written notice,or send a telegram to: Tony Chiarelli Landmark Associates General Contracting 213 WestStreet Milford,MA 01757 NOT LATER THAN MIDNIGHT OF 1 HEREBY CANCEL THIS TRANSACTION. DATE Owner Narne. [Two copies of this form to be attached to the Residential Contracting Agreement] 213 West Street Milford,MA 01757 Phone:548.482.0104 www.landmarkassoc.com ii LANDMARK ASSOCIATES GENERAL CONTRACTING --- EXHIBIT D DISCLAIMER OF RESPONSIBILITY FOR OWNER-SUPPLIED MATERIALS Landmark Associates Restoration Contractors accepts full responsibility and liability only for the tabor mid materials that it supplies.In order to eliminate any potentialmisunderstandings,please be aware ofthefollowing obligations pertaining ta caner-sunptledmaterials: 1, Owner(s)assume full responsibility and liability for ordering correctly and on time,and for receiving and inspecting all Owner- supplied materials. _ 2. In the event of missing or damaged parts,the wrong material being ordered or delivered,or any other problem concerning Owner- supplied materials and products,Owncr(s)assume full responsibility and liability for returning and exchanging them,as well as negotiating the terms of resolution with the seller. 3. Owner(s)assume full responsibility and liability of assuring that Owner-supplied materials and products meet all applicable codes and ordinances. 4. Owner(s)assume full responsibility and liability of assuring that all Owner-supplied materials,including all"rough-in"items placed inside of walls in the early stages of the job will be present at the job site and in good working order prior to the start of the Project. 5. Owner(s)understand that missing or broken pieces to Owner-supplied materials or wrong materials supplied by Owner(s)may alter the work schedule and may result in additional charges to Owner(s). 6. Owner(s)assume full responsibility for all warranties pertaining to Owner-supplied materials.Owner(s)shall hold the Contractor harmless for any product or system malfunctions related to defective Owner-supplied materials or products. 7. Oweer(s)understand that the above conditions do not encompass all possible circumstances that could delay work or result in additional costs stemming from Owner-supplied materials. We,Landmark Associates Restoration Contractors and the Owner(s),have read the above Agreement and understand its terms and both have signed it as our free act and deed. Owner Nan:e: Rale Ow er Nam Date Lan mark6rsociates'Gancral<ntracting Date By:Tony�hiarelii 213 West Street Milford,MA 01757 Phone:508.482.0104 www.landmarkassoc.com i Vr` LnNUmri`c� fisSoe. L1 Al tT F'G A,-) CHIAR-2 OP ID:SH QATESMMID-YYY} gCoszo CERTIFICATE OF LIABILITY INSURANCE 0912712016 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS AFFORDED BYTHE ND BELOW•THIS CERTFIO ATEFIRMAOF INSURANCEOR DOES NOTPOLICIES LCONSTITDUTExA BCONT ACTTER BETW EN OAGE THE RSSUING NSURER(S),THE AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certiikcaie holder is an ADDITIONAL INSURED,the policyties)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 dans not confer rights to the certificate holder In lieu of such endorsement s). PRCOLDER NRME:C Jim Stoller Rodman Insurance Agency,Inc. PHONE 781-247-7600 "Alc No:761-044-0090 145 Rosemary St.,Bldg.A EDArcDIL Ex. Needham,MA 02494-3238 ADDRESS: Jim Stoller WSURERiS)RFFORDiNG COVERAGE NAICF INSURER A:Citation Insurance Company 40274 INsuRED ChiareiliLandmarkAssociates INSURERB:AdmiralInsurance Company 213 West St INSURER C:Star Insurance Milford,MA 01575 INSURER a:Evanston Insurance Co INSURER E INSURER F COVERAGES CERTIFICATE NUMBER: 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 7ERM8, EXCLUStNS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. L Mrrs ICYE N R TyPE OF INSURANCE 0 D POLICY NUMBER MMIDOlYY F I MMIDOfYYVY EA MOCCURRENCE £ 1.000,00 B X COMMERCIAL GENERAL LABILITY pp- —E-E OO ANT:D 60,000 CLAIMSt4ADE OCCUR CA00002512301 08111120161 OSM112017 PREna ES E < a<e %S h9EG 5000 iP:A Y ep sn) . X EB S1MtS1M I PERSONAL s ADV'JURY $ 1,000,00 uEN'ERAL AGGREv--ATE S 2,000,00 CENL ACG REG ATE LIWITA?PLIES PER. 000,000 ROOVCTS .CMP/G?ACG f 2+ POUCY O PEc Emp Ben. £ 1,000,00 OTHER: voe^Inco SINGLE_LMIT t% 1,000,00 AUTOMOBILE LIABILITY -ant 1 A ANv AUTO IBCTJ02 08/11/2016 0811172017 Eo tv 82JURY IPA,Parsoo? s ALL^•WP;ED SCHEDUED BOD LY INJURY(Per ecc 6cst)e$ AUTOS F—j M21'EO ! ( ROPERiYr AMAGE g X H REQ ATOS -i X ACOS l ' EACH OCCURRENCE `% 5,000,00 UMBRELLA LAB t X OCC R 5,000,00 D X EXCESSLIAB CLAIMS�MADE MNLVIEUL100201 08111/201610811112017'AGGREGATE '% DEG RETENTION£ I (X PER U:E - OTH. ' WOW RSCOMPEN--a. 1,000,00 AND eMPLOYERs'LIABILTY WC0788099 0510/2016 65/0112017' L.EA-ACCIDENT $ C FFicP'.ER EIIl.EAC UCE CUFVE Y❑NI A� 1,000,00 I DI EAS -EA EMPLOYEE14 M d t INH 1,000,00 as=_�ibe undai 'E.L.CI�ASE-FOLICy LIMIT $ DESCRIPTION OF OPERATIONS OeInv DESCRIPTION OF OPERATIONS I LOCATIONStVEICLES tACGRD 101,Adtlifionak Remarks Schedule,may be attachadKmore space is requked) CERTIFICATE HOLDER NORTH-- CANCELLATION SHOULD ANY OF THE EXPIRATION TV DATE THEREOF, NOTICEE DESCRIBED WILES LBEELLED BEFORE THEDELIVERED IN Town of North Andover ACCORDANCE WITH THE POLICY PROVISIONS. 1600 Osgood St 9{2043 No Andover,MA 01845 AttCHORIZEO REPRESENTATIVE tom 2 ©1988-2014 ACORD CORPORATION.All rights reserved. ACORD 25(2014/01) The ACORD name and logo are registered marks of ACORD ! assawr,l etts ra ma 'nr Publ'c E3ca.d of BiFFIr=s g P `7 cns d St.^oa os na.GS-06490$ AnthonyJChiamU , 4 Cricket Lane " _ iMilfcrd NIA 0175`7 11124t2016 'f - Office of Consurnr Affairs&Il mess Regul tion.J HOME IMPROVEMENT CONTRACTOR ' Registration: 161055 Type: i Expiration: 912212018 Private Corporation _ - CHIARELLI LANDMARK ASSOCIATES,INC. ANTHONY CHIARELLI '.. 213 WEST STREET MILFORD,MA 01757 - dersecretary N U E F G H K A nares r E'aq L_ _ F_ LEE f� 1 ` s u ery xu. :. �1j yLr 2 G 4� L� m �� 2 n o �. J r_- -1 — — PROPOSED CEiL!NG Pri.N EXIS NGCEILING PL \f\i -- 5 s s ER o u*e.-�lax RC" K4 ER rvG c= pua*e -- RORr. Rea. Tn 7 �x[a� -� T Jlhi'E Gi.261b 7 �i P� 16-0i M i \e \h D. 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F.VALENTE _8 'SE1 1— CHE�-;�6 CONDOMINIUMS 565 TURNPIKE STREET UNITS 86&87 —71 NORTA.1ANDWER — v, (.1 111—D, INTERIOR ELEVATIONS, PARTITION TYPES, AND MILLWORK SFCTIONS 23 A GW8 PARTITION TYPE-1 ON TYPE-2 1-1/2'=1•-0° 2 id