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HomeMy WebLinkAboutBuilding Permit # 11/22/2016 tyoRrfl BU C o��g.,ea I I PERMIT �:' 4 a� ,—,--_TOWN F NORTH ANDOVERAPPLICATION FOR FOR. PLAN EXAMINATION (Permit : a Date Received wa�, Date lssued: Z -- 1, ` ,. IMPORTANT:Applicant must comTete all items on this page r rrt r �'r�rrt PALM � ,, �C+ III� 11"s_ t�trstrt s '8h '/ 1 TYPE OF IMPROVEMENT PROPOSED USE Residential Non- Residential -i New Building l One family ' Addition Two or more family I Industrial Alteration No. of units: 1-I Commercial Repair, replacement Assessory Bldg _l Others: I Demolition i Other 5o ,, � N= `k�i" NPl � I1d' ( I" Wt�fiid"Iitlt;,,.. tj,i + al ;ridewer; „.r iyv Identification Please Type or Print Clearly) )WNER: Name: I ,, �". ��' a�', �%; " Phone: kddress:71 '� .�� r "rTR Pala ` U 16-1 r r � ra rt :400 � DSM r ARCHITECT/ENGINEER Phone: Address: Reg. No. FEE SCHEDULE:BULDING PERMIT:$12.00 PER$,1000.00 OF THE TOTAL ESTIMATED COST BASED ON$125.00 PER S.F. t I ProjectCost: n FEE: heck No.: k(I �� Receipt NOTE: Persons contracting with unregistered contractors do not have access tm hara Und tgha ure of Ag ra 'Oa /n r gra (tare of c ra r ctor 0 Plans Submitted❑ Plans Waived ❑ Certified Plofi Plan ❑ Stamped Plans ❑ TYPE OF SEWERAGE DISPOSAI Public Sewer ❑ Tanning/Massage/Body Art ❑ Swimming Pools ❑ Well ❑ Tobacco Sales ❑ Food Packaging/Sales ❑ Private{septic tank,etc. Permanent Dumpster on Site ❑ THE FOLLOWING SECTIONS FOR OFFICE USE ONLY INTERDEPARTMENTAL SIGN OFF - U FORM ,//; j }} � PLANNING & DEVELOPMENT Reviewed On Signature_ COMMENTS sb I cn L W Z-1 -12L V/7 CONSERVATION Reviewed on Li Signature VIU COMMENTS /HEALTH Reviewed on �� Z� Si nater COMMENTS [j J5It �2k c-e" POP W)�\ �Nv�� 'Ort� A&--'r� N.C. fj Zoning Board of Appeals: Variance, Petition No: Zoning Decision/receipt submitted yes Planning Board Decision: Comments Conservation Decision: Comments Water & Sewer Connection/signature & Date DrivewaV Permit DPW Town Engineer: Signature: ,Located 384 Osgood Street FIRE DEPARTMENT Trnp Dumpster onsite yes nn Located at i24 MainStreet . Fire Department signatureldate / COMMENTS � �`Si�d>ts 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 DANCER ZONE LITERATURE: Yes No MGL Chapter 166 Section 21A—F and G min.$100-$1000 fine NOTES and DATA— (For department use) L ❑ Notified for pickup Call Email Date Time Contact Name = Doc.BuiJdingg Peixnit Revised 2014 IA®RTH own. of � Andover ® - 0 ver, Mass, ® 1 +p coc"Knewpcw �r.4S R�area PQ��,c�(y V BOARD OF HEALTH Food/Kitchen PERMIT T LD Septic System • THIS CERTIFIES THAT ....M f.k.JE....... o BUILDING INSPECTOR has permission to erect ....... buildings on .......C.M NWX.....1.jr Foundation Rough to be occupied as d...C4 .,... A.lr cl�. �f 1i1+� ., r a /v .................... ................ ............................. Chimney provided that the person accepting this permit shall in 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 Inspection,Alteration and Construction of Buildings in the Town of North Andover. �� �� ok PLUMBING INSPECTOR VIOLATION of the Zoning or Building Regulations Voids this Permit. Rough Final PERMIT EXPIRES IN 6 MONTHS ELECTRICAL INSPECTOR UNLESS CONSTRUCTi TART Rough Service .......... .. . .... . .. .....,...................................... Final BUILDING INSPECTOR GAS INSPECTOR OceuggMy Permit Required to Oecupv Building Rou'gh Display in a Conspicuous Place on the Premises — Do Not Remove Final No Lathing or Dry Wall To Be Done FIRE DEPARTMENT Until Inspected and Approved by the Building Inspector. 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'E 1 1 �[ �I 1 =( d s E pl 1z) Ira na6-1nw 1w.0 rows eeLa�,, �i o 2.t000LIAr.TIP MCN wO D�'n:v o z Ill � Il n_cn,o.,IJEN ——————————————————— _------------__----------- 2..IO 0 SOLD 5LY'% A _------------___.-....rncxu-crrn-rrm�-mrxisrw-�r—'1� E !1101 2 Q GENERALhOTE5: GPM1TW` O✓w nLL Plu5 CorAOR'O werrAnD—AD DOOR LLOn.11GS E.T.P-='STING TO P=NTIIJ RODE FRAMING PLAN o[L E1451 OS WA F zkE 2 R 6 OR WE UN f NP1Ep CTITD 111 SC fJIE:l�k_�-Q�� DINEIJ5101:.`i nCE fRCM E.LfERIOR WE DF fkVArIJG 70 CENTfRJIJE qr ItiRPJUT.Ph>;YrtIgNS,VNif55 upJFp pinffvns[. 5:E SCOPe OF N'✓J.FPX(1111 PKO.'_C•_rt'S. CONSTRUCTION SERVICES AGREEMENT Contractor: Owner: Elate: MD Design Build James and Melissa Martin September 28, 2016 16 Plummer Road 56 Candlestick Road Lawrence,MA 01843 North Andover, MA.01845 978 804-5231 Project C.S.L.#CS-072360 Garage/Living room Addition H.I.C.#180802 Kitchen Renovations I. PARTIES&DATE OF AGREEMENT; This contract(hereinafter referred to as"Agreement")is made and entered into on this 281h day of September,2016, by and between James and Melissa Martin, (hereinafter referred to as"Owner");and MD Design Build,(hereinafter referred to as"Contractor"). in consideration of the mutual promises contained herein,Contractor agrees to perform the following work: It.GENERAL SCOPE OF WORK DESCRIPTION: Owner's responsibilities: o Ownerto coordinate with Contractor on planningthe detailed sequence of work. o Meet with Contractor as needed to plan and execute the work. o Ownerto provide information,selections and decisions to Contractor,as requested by Contractor,in a timely manner so as not to delay progress of the work. o Owner to provide electricity'and water to the site during construction and pay all utility bills. o Owner to remove all personal items and furniture from the affected work areas. General Conditions: o Provide Project Management Services throughout the project. o Contractor shall coordinate and schedule all subcontractors. o Contractor to be responsible for the projects overall schedule,material ordering,managing client selections,change orders,technical troubleshooting,administering billings,etc.in orderto execute the project successfully per the Construction Agreement. o Contractor shall layout,plan,coordinate and inspect all work performed on site by Contractors employees and subcontractors. Plans and Permitting: o Contractorto prepare building permit application,file application, pay building permit fee and post permit on-site, o Plumbing Permit to be obtained and the fee paid, by Contractors Plumbing Subcontractor. o Electrical Permitto be obtained and the fee paid, by Contractors Electrical Subcontractor. o Contractor to schedule and coordinate the inspections required to complete the Work. Site Prep,Demo: o Set up site protection barrier as required bytown/drawn by Sullivan engineering. o Protect existing finishes as needed,Including stairs,floors,walls and railings. a Porta john an site for the duration of the project. o Demolition of affected areas as required. See plans lord eta!Is/specifi cations o Allotment item. 1. Patch asphalt driveway Excavation; o Excavate as required forthe following: See plans forspecificat€ons. 1, New foundation 2. (4) pre-cast piers @ deck. 3. New 500 gallon drywe€l w/underground drainage from gutters. initials /*� ____"D i Concrete: o Form and pour new concrete footings,walls and slabs per pians: 1. 12"x 24"footings 2. 10"wails 3. 4"slabs 4. 5'pre-cast piers @ deck o Foundation water-proofing below grade Mason , a None F a„�, min& o New framing as required per plans. See drawings/framing plans for specifications. 1. 2x10 floor joists,ceiling joists and roof rafters. 2. 2x6 exterior walls -3. 2x4 interior partitions 4. 3/4"thick floor sheathing 5. 1/2"thick wall sheathing 6. 5/8"thick roof sheathing Roofing&f=lashing; o Strip existing roof on house. o Supply and install new"architectural"style asphalt roofing shingles on addition and existing house. Color/style TBD. o See drawings for full specifications. Exterior Finishes: o Stucco exterior to match existing w/integral coloring. Color match cannot be guaranteed. o Primed finger jointed pine soffit,fascia and shadow boards to match existing installed with stainless steel fasteners. o Primed finger jointed pine door and window trim to match existing installed with stainless steel fasteners. o Supply and install new doors and windows per plans: 1. (1)triple casement @ front elevation. 2. (1)double casement @ rear elevation, 3. (2)transom windows @ garage elevation. 4. (2)single doors @ rear elevation. o Allotment items: 1. (2) Exterior door hardware 2. (2)Garage doors Decks: o New deck per plans: 1. Pressure treated decking,framing,railings and stairs Plumbin : o Provide plumbing support labor o New supply/drain plumbing for(1)slnk. o New gas piping as required for kitchen range. o New supply/drain plumbing for washer/dryer. o install kitchen faucet. o Install water line to fridge. o Install(1)frost--free hose bib @ rear of addition. o Allotment items: 1. (1) Kitchen faucet 2. (1)Kitchen sink ��. 2 Initial NIAC: o Provide HVAC support labor o Allotment items! 1. New supply ducting to living room 2. Re-work existing ductwork as needed Electrical: o Provide electrical support labor o All electrical switches, plugs and light locations to be reviewed with Contractor, Electrical Contractor and Owner prior to electrical work commencing. o Supply and install the following electrical items by area: 1, Basement (1) 100 amp,20-circuit sub-panel next to existing panel. (2) Portable generator plug and panel interlock switch. Generator not included in contract 2. Garage (1) (2)GR outlets for garage door openers. (2) (2)GR outlets @ garage. (3) (2)4'fluorescent strip lights @ garage (4) (2) heat detectors @ garage 3. Mudroom/Stair hall (1) (1)surface mounted light @ stairs w/(2)3-way switches (2) (1)surface mounted light @ rnudroom w/(1)switch 4, Kitchen (1) Gas range,dishwasher and fridge. (2) (6)countertop GH outlets. (3) (2)pendant lights @ island w/(1)switch. (4) (4)recessed lights w/(2)3-way switches. 5. Pantry (1) (1)surface mounted light w/(1)switch. 6. Laundry (1) (1)surface mounted light w/(1)switch. (2) Electric dryer. (3) (1)GFi/arc fault outlet for washing machine. (4) (1)GFi/arc-fault outlet. 7. Living room (1) (6)recessed lights w/(2)3-way dimmable switches. (2) (1)fan/light w/(1)switch. (3) (7)outlets. (4) (1)outlet for fireplace. (5) Cable TV jack @fireplace. & Exterior (1) (1)outlet @ deck. (2) (1)wall sconce @ deck w/(1)switch. (3) (1)wall sconce @ basement door w/(1)switch. (4) (2)wall sconces @ garage doors wl(1)switch. (5) (1)motion light @ peak wl(1)switch. 9. General (1) Smoke detectors in new areas as required by code 10. No work is included at this time for work to existing smoke detectors if required by town. 3 Initials /� 11, Allotmerlt items: (1) (2)pendant lights. (2) (4)exterior€lghts. insulation: o Fiberglass batt insulation: 1, R-49 @ first floor ceiling. 2. R-30 @ garage ceiling. 3. R-15 @ basement interior partitions. 4. R-21 @ exterior walls, o Soffit and ridge venting, a 6-ml)vapor barrier. a Polyurethane spray foam @ all window and door rough openings. Plaster. 0 1/2" blue board and skim-coat plaster in affected areas,smooth finish. 0 5/8" Fire rated blue board and skim-coat plaster @ garage walls and ceiling. Textured finish @ garage, Tile: o Supply and install 1/2"cement board tile underlayment at the following areas: 1. laundry room floor o Install tile in the following areas: 1. Laundry room floor,set rectangular to walls. 2. Mud room floor,set rectangular to walls. 3. Kitchen backsplash a Allotment items: 1, Laundry room the and grout 2. Mudroom tile and grout 3. Kitchen backsplash tile and grout Interior Finishes: o Supply and install new interior doors and hardware to match existing o New paint grade interior trim to match existing 1. Door and window casing as needed to match existing 2. Baseboard to match existing o Allotment item: 1. (6) Interior door hardware Cabinets,Appliances: o Allotment items: 1. Supply and install new kitchen cabinets per plans. f=inal layoutjstyle/mnfr.TBD. 2, Supply and install new countertops @ kitchen cabinets. 3. Supply and install new closet shelving in(2)closets and (1) pantry. 4. Supply and install new kitchen appliances: (1) Gas range (2) Microwave (3) Dishwasher (4) Refrigerator (5) Recirculating hood 5 eco ialties: o Allotment Items: 1. Supply and install wood burning zero-clearance fireplace. Mnfr.TBD, 2. Supply and Install built-ins @ fireplace 3. Supply and install new closet shelving in(2)closets and(1) pantry. 4 Initials /-ho Iii t Flooring: o Supply and install new prefinished solid wood flooring in the following areas: 1. living Room 2. kitchen 3. Dining Room 4. Pantry and closets o Allotment Item: 1. Wood flooring Painting: o interior painting of walls,ceiling and trim in affected areas,including(1)coat primer and(2)coats finish, latex. (1)color per room. 1. Living Room 2. Kitchen 3. Dining Room 4. Pantry and closets S. Garage 6. Mudroom 7. Stair hall o Exterior painting of new window and door trim,soffit and fascia, latex o No painting of body of house included at this time Cleanup.Trash Removal: o ongoing site cleanup o on-site dumpsters o Removal of all site protection materials o Final site cleanup Ill. DOCUMENTS INCORPORATED AND MADE PART®P THIS CONTRACT: A)Permit Set,(8)sheets, Dated 8/25/2016 8)Schedule of Values,dated 9128/2016 C)Allotment List,dated 9/28/2016 IV. PRICE: A: Contract Sum(lump sum price for all work described above) $211,700.00 8: Allotments(included in the Contract Sum) $43,550.00 C: Deposit $20,000,00 Priorto the commencement of any work, owner is to make Full and complete payment of the deposit with the Contractor. By Mate law,initial deposit is not to exceed 1/3 of the contract price or the cost of special order items,whichever is greater. V.PAYMENT SCHEDULE: Payments after initial Deposit to be based on approximate percent completion as reflected in a detailed Invoice provided by Contractor. Payments are due three(3)business days after Contractor presents invoifte to Owner_Final paymentwill be due at the completion of punchlist. 5 Initials- /� f NO FINAL PAYMENT CAN BE DEMANDED UNTIL THE CONTRACT IS COMPLETED TO THE SATISFACTION OF THE PARTIES THERETO. For purposes of this Agreement,the Work shall be deemed complete upon(I)the taking of final inspection and (ii) the completion of al! mutually agreed upon punch list items,if any, identified by the parties. If the Owner does not pay the Contractor within five(S)days of the Invoice Date,then the Contractor may, upon seven(7)additional days'written notice to the Owner,stop the Work until payment of the amount owing has been received. The Contract Time shall be extended appropriately and the Contract Price shall be Increased by the amount of the Contractor's reasonable costs of shutdown,delay and start-up,plus interest as provided for in the Contract Documents. Late payments will accrue an interest charge of 15%per month.The Owner shall be responsible for reasonable attorney's fees incurred by Contractor in collecting any sums due hereunder. VI.CHANGE ORDERS. Any change from the Scope of Work set forth in this Agreement involving extra costs of labor,materials or subcontractors will be performed upon a written CCO(Contract Change order)issued by Contractor and signed by Contractor and Owner prior to the commencement of Additional Work by Contractor. 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 will be performed upon a written CCO(Contract Change Order) issued by Contractor and signed by Contractor and Owner prior to the commencement of Additional Work by Contractor. Change orders shall include any change in price and number of days for performance for specified work. Payment for change orders shall be made with the next scheduled contract payment and the Completion Date shall be extended by the number of days agreed upon for performance of change order work. Where necessary,clearly worded email approval,from the owner,of a change in work-scope will be binding and treated as a signed document as long as the price of the additional work and the time required to complete the work are clearly set out by the Contractor in the message. VII.PERMITTING: Contractor shall obtain all permits,licenses and approvals necessary forthe completion of the Work. It shall be the obligation of the Contractor to obtain permits as the owner's agent.The cost of permits is the responsibility of the owner and is included in this contract price.Owners who secure their own construction-related permits or deal with unregistered contractors shall be excluded from access to the Guaranty f=und provided by the State of Massachusetts.The following construction-related permits are required: 1.Building Permit 2, Plumbing Permit 3.Electrical Permit 4. Other: Vlll. DATE OF WORK COMMENCEMENT AND SUBSTANTIAL COMPLETION: Commence work on or about 10/21/2015. Contractor to achieve"Substantial Completion"of all work in this Agreement on or about 2/14/2017 not including delays and adjustments for delays caused by:inclement weather, accidents,delays in obtaining necessary permits,additional time required for performance of Cha ge order work 6 Initials (as specified in each Change order),delays caused by Owner,delays caused by Owner supplied materials,and other delays unavoidable or beyond the control of the Contractor. "Substantial Completion"shall,for the purposes of this Contract,occur when (a)the Contractor has obtained finish plumbing,electrical and framing inspections,and (b)the Premises have been substantially completed in accordance hereto and in full compliance with all applicable state,federal and with all plans and specifications attached e Premises are ready for complete physical occupancy by the Owner with municipal rules and regulations,and(c)th only minor items remaining to be completed,such remaining items not to materially interfere with the Owner's full use and enjoyment of the Premises. At the time of Substantial Completion,the Contractor and the Owner will, in good faith, prepare and initial a"punch-list"identifying the minor items of construction which have not yet been completed. The Contractor will work diligently to complete the punch-list items promptly following"Substantial Completion". The Owner also understands that completion may result In some inconvenience(e.g.,access to the home will need to be scheduled and certain rooms or features may not be useable while they are being worked on). The owner shall pay the balance of the retained funds to the Contractor upon completion by the Contractor of all items of unfinished work previously agreed upon by the parties at the time the project was substantially completed and when the work is done to the mutual satisfaction of the parties. Punchilst Items are considered billable work items unless they are a)related to material defects in manufactured items,b)items that were improperly installed and need to be removed or replaced(rework),or c) items that were not built/installed according to plans and specifications.Minor items like door/window adjustment,paint touch-up, removing scratches or other refinements of the finished product to suit the needs of the owner(s)are a normal part of the finishing process and shall be compensated according to the rates listed in Section IV. IX. GENERAL7ERMS AND CONDITIONS FOR THE AGREEMENT ABOVE: A: EXCLUSIONS; Unless specifically included in the Scope of Work described above,this Agreement does not include labor or materials for the following work: 1. Fees for design or engineering work including any additional D&E work required by building inspectors. 2. Survey"mg that may be required to establish accurate property boundaries for setback purposes 3. Temporary sanitation, power,or fencing 4_ Moving Owner's property around the site S. Repair or replacement of owner-supplied materials G. Public or private utility connection fees 7. Repair of unforeseen and concealed conditions including, but not limited to, repair of concealed underground utilities not located on prints or physically staked out by Owner which are damaged during construction 8. Testing,removal and disposal of any materials containing asbestos(or any other hazardous material as defined by the EPA) 9. Removal of filled ground or rock or any other materials not removable by ordinary hand tools or other heavy equipment already on-site 10. Any digging or excavation below the grades shown on the plans in the event that soils unsuitable for supporting the specified footings are discovered 1.1. De-watering of excavations 1.2, f=rost protection for open excavations 13. Cold weather additives to concrete or insulation of concrete forms if required due to cold weather conditions 14. Correction of existing out-of-plumb or out-of-level conditions in existing structure 15. Correction of concealed substandard framing. 15. Removal and replacement of existing rot or insect infestation 17. Re-routing/removal of vents,pipes,ducts,wiring,conduits,structural members,or steel mesh which may be discovered in the removal or cutting of openings in the existing structure. 18. Failure of surrounding part of existing structure,despite Contractor's good faith efforts to minimize damage such as plaster or drywall cracking and popped nails in adjacent rooms. 7 t 19_ Repair of damage to existing roadways,driveways,sidewalks,or grass areas that could occur when construction equipment and vehicles are being used in the normal course of construction 20. Exact matching of existing finishes.Where Contractor's work involves the"matching of existingfnishes or materials,"Contractor will use his best efforts to match existing finishes and materials. However,an exact match is not guaranteed due to such factors as discoloration due to the aging process,difference in dye lots,and difficulty of exactly matching certain finishes,calors,and planes. 21. Final construction cleaning(Contractor will leave site In"broom swept"condition) 22. Landscaping and irrigation work of any kind. 23, Any item on the Plans marked"Not in the Contract"or"NiC". 13: HIDDEN CONDiTIONS: owner understands and acknowledges that hidden or unknown conditions may result in an Increase in the prices set forth in Section IV. Contractor,upon discovering a hidden or unknown condition,shall notify Owner of said condition and the parties shall enter-a change order to rectify the condition. Failure by Owner to agree to a change order to rectify a hidden or unknown condition may result In substandard work and Contractor will be relieved of any and all obligations, including warranty obligations,under this Contract related to the uncorrected,hidden or unknown condition.A hidden or unknown condition must differ materially from those indicated in the contract documents orfrom those conditions ordinarily found to exist. C: WARRANTY: Upon final payment by Owner of the entire contract price,including all change orders,due to Contractor,Contractor warrants to the Owner that the work performed under the Agreement is free from defects,not inherent in the quality used,in materials,equipment and workmanship for a period of one(1)year afterthe date of Substantial Completion as described in the Agreement. THIS LIMITED WARRANTY CONTAINS ALL EXPRESS WARRANTIES OF CONTRACTOR,ALL OTHER WARRANTIES EXPRESS OR IMPUEiJ ARE EXCLUDEDAND HEREBY DISCLAIMED,INCLUDING WITHOUT LIMITATION,ALL WARRANTIES OF MERCHANTABILITY,HABITABILITY AND FITNESS FOR A PARTICULAR PURPOSE. Except for any warranties implied by law and not subject to exclusion,there are no warranties that extend beyond the express warranties set forth herein. The term of any warranties implied by law and not subject to exclusion shall end upon the termination of this Limited Warranty. In the event of breach by Contractor,the Owner's recovery shall be limited to the actual cost to repair any defect or deficiency covered by this Limited Warranty. The Owner waives any and all claims for incidental,consequential,special and consumer protection damages. The parties agree that Massachusetts law shall control this Limited Warranty and jurisdiction is proper in the Massachusetts Superior Court. The Owner shall notifythe Contractor in writing,within 30 days afterthe discovery of any failure,defect or damage, otherwise the claim shall be deemed waived. In the event of an emergency failure(i.e.roof or plumbing leak), Owner should contact Contractor immediately by telephone or fax at the numbers listed above. If Owner gives Contractor proper notification and if the condition is covered by this Limited Warranty,Contractor or subcontractors chosen by Contractor will replace or repair the defect(the decision to repair or replace is Contractor's sole decision) at no charge or cost to Owner within a reasonable time,not to exceed sixty days, unless weather conditions, labor problems or shortages causes delays. Any steps taken by Contractor to correct defects underthis Limited Warranty shall not extend the time of this Limited Warranty. Owner acknowledges that the following,as applicable,are EXCLUDED from this Limited Warranty: 1. Defects which are the result of characteristics common to materials used,such as, but not limited to, warping or deflection of wood;fading,chalking and/or checking of paint due to sunlight;cracks in concrete, plaster,brick,masonry,grouts and caulking due to drying and/or curing. 2. Hairline cracks and seams in plaster and drywall other than those caused by structural defects,provided thatjoints are properly located to minimize cracking. Any repair of plaster or wallboard,caused by structural defects,may not completely blend with surrounding materials. 3. Shrinkage,swelling,or leakage of doors and windows attributable to weather conditions. 4. Occasional dents of interior woodwork and twisting,and hairline checking of wood framing, plywood, s C Initials /� exterior siding and wood trim. S, Shrinkage or separation of hardwood flooring. G. Damage to roofs caused by snow or ice backing up under shingles or damage, if any,caused by windblown rain or snow through roof,gable or soffit vents,or louvers into attic space, unless caused by negligent workmanship or defective material. It is Owner's obligation to insure free passage in gutters and downspouts at all times. 7. Fading or darkening of paints,stains and other finishes exposed to sunlight. 8. Defects in items supplied or Installed by Owner,or anyone other than Contractor or its subcontractors acting at the Contractor's order. 9. Accidental loss or damage including,but not limited to:fire,explosion,smoke,water escape,changes not reasonably foreseeable in the level of underground water tables,glass breakage,windstorm, hail,or lightning,extremes of earthquake(exclusive of soil movement for causes other than flood or earthquake(s);except when such loss or damage is caused by the act or omission of Contractor,its subcontractors,or persons for whose actions the Contractor is responsible. 10. Defects in materials or equipment that are covered by manufacturer's warranties Including labor to repair same,even if such labor cost is not warranted by manufacturer. The Contractor,at the Owner's written request and at no expense to the fawner,shall act as the Owner's agent in pursuing the manufacturer for any defects in materials supplied and installed by Contractor. 11. damage due to abuse, improper or insufficient Maintenance,improper operation,alteration,modification or normal wear and tear under normal usage. 12. Contractor assumes no liability for damages to personal property of Owner. 13. Loss or damage which the Owner has not taken timely action to Minimize. 14, The presence or development of radon and mold are products of environmental conditions that are beyond the control of Contractor,therefore Contractor does not warrant and expressly disclaims any responsibility for the presence or development of radon or mold. 15. Insect damage D: OWNER'S SEPARATE SUBCONTRACTORS., Owner shall not hire separate Subcontractors to work on the site at same time as Contractor without prior written consent from Contractor. Contractor reserves the right to not allow uninsured,unlicensed or unqualified subcontractors to work on the site at the same time as Contractor. owner may hire separate Subcontractors to work on the site either before Contractor's date of work commencement or after final completion of the work. E: OWNER SUPPLIED MATERIALS: MCS Design/Build accepts full responsibility and liability for all materials and labor we supply, owner accepts full responsibility and liability for all materials supplied by owner.Owner is responsible for assuring that materials sheet all applicable codes and regulations. Owner accepts full responsibility and liability for all warranties and guarantees related to owner supplied materials. Owner accepts full responsibility and liability for ordering correctly,and on time,and for receiving and inspecting all owner supplied materials. Owner accepts full responsibility and liability for exchanging or returningany owner supplied materials. Owner shall hold Contractor harmless for any material unalfunction related to defective products purchased by Owner. owner understands and accepts that incorrect/damages/incomplete materials may result in a delay in the work schedule and additions to the contract price,through no fault of the Contractor. F: REGISTRATION OF CONTRACTOR AND SUBCONTRAM"ORS: All contractors and subcontractors must be registered by the!administrator of the Board of Building Regulations and any inquiries about a contractor or subcontractor relating to a registration should be directed to the Administrator: Director,Home Improvement Contract Registration,One Ashburton Place, Room 1301, Boston, Massachusetts 02108. Contractor to maintain general liability and worker's comp insurance.Contractorshall obtain insurance certificates from all subcontractors prior to their work on site. G: LIENS: 9 InitlaiAM / W' / ���../' The Contractor,subcontractors and suppliers have certain statutory rights to place liens on the Project property for non-payment by Owner. H: ACCESS TO PREMISES: The Owner hereby agrees that the Contractor shall have the right to reasonable access to the Dwelling in the performance of this Contract from the date of this Contract up to and including the date for the time of completion. I. WORK STOPPAGE,TERMINATION OF CONTRACT BY CONTRACTOR: Contractor shall have the right to stop all work on the project and keep the job idle if(1)payments are not made to Contractor in accordance with the Payment Terms in this Agreement,or If(2)Owner repeatedly fails or refuses to furnish Contractor with access to the job site and/or product selections or information necessary for the advancement of Contractor's work. Simultaneous with stopping work on the project,the Contractor must give Ownerwritten notice of the nature of Owner's default and must also give the Owner fourteen(14)day period in which to cure this default. If work is stopped due to any of the above reasons(or for any other material breach of contract by Owner)for a period of 1.4 days,and the Owner has failed to take significant steps to cure his default, then Contractor may,without prejudicing any other remedies Contractor may have,give written notice of termination of the Agreement to Owner and demand payment for all completed work and materials ordered through the date of work stoppage,and any other loss sustained.by Contractor,including Contractor's overhead and profit at the rate of 15%on the balance of the incomplete work under the Agreement. Payment for this final invoice is due within 7 days of submittal of invoice by Contractor. Thereafter,Contractor is relieved from all other contractual duties,including all Punch List and warranty work. If the contract is terminated and Owner pays all outstanding balances owed to Contractor,then materials ordered through the date of work stoppage become the property of Owner. J: TERMINATION OF CONTRACT BY OWNER: The Owner shall have the right to initiate termination this Agreement if(1.)the job remains idle for longer than fourteen (14)consecutive days after the work has been started without reasonable written notification of the cause of the work stoppage by Contractor to Owner,or if(2)the Contractor repeatedly falls to perform the work according to the Contract Documents. The Owner must give the Contractor written notice of the nature of the Contractor's default and must also give the Contractor a 14-day period in which to cure this default. If the Contractor fails to take significant steps to cure his default within the 14-day period,the Owner may give written notice to Contractor of Owner's desire to terminate this Agreement. Upon receipt of the Owner's written notice of desire to terminate this Agreement,the Contractor has 14 days to respond with an invoice for payment for all work completed and materials ordered through the date of work stoppage. Payment for this final Invoice is due within 7 clays of submittal of invoice by Contractor. After payment of final invoice,Owner may terminate this Agreement and Contractor is relieved from all other contractual duties,including all Punch List and warranty work. If the contract is terminated and Owner pays all outstanding balances owed to Contractor,then materials ordered through the date of work stoppage become the property of Owner. The Contractor shall not be responsible for any incidental or consequential damages incurred by Owner as a result of such termination. K: DISPUTE RESOWTION; The parties agree that Massachusetts law shall control this Agreement and jurisdiction is proper in the Massachusetts Superior Court. Any controversy or claim arising out of or related to this Agreement involving an amount of Iess than the maximum limit ofthe small claims court must be heard in the Small Claims Division of the district where the Contractor's office is located. Any controversy or claim arising out of or related to this Agreement which is over the dollar limit of the Small Claims Court shall be settled by binding arbitration administered by the American Arbitration Association in accordance with the Construction industry Arbitration Rules. The parties agree that mediation administered by the American Arbitration Association in accordance with the Construction industry Arbitration Rules shall be a condition precedent to arbitration. Judgment upon the award maybe entered in any Court having jurisdiction thereof. L; EWIRE AGREEMENT,SEVERABIU7'l,AND MODIFICATION: This Agreement represents and contains the entire agreement between the parties. Prior discussions or verbal representations by the parties that are not contained in this Agreement are not a part ofthis Agr ement. In the event that any provision of this Agreement is at any time held by a Court to be Invalid or unenforc able,the parties r 10 Initials /0/m agree that all other provisions of this Agreement will remain in full force and effect. Any future modification of this Agreement must be executed in writing in order to be valid and binding upon the parties. K EXPIRATION OF THIS AGREEMENT: This Agreement will expire 30 days after the date at the top of page one of this Agreement if not accepted in writing by Owner and returned to Contractor within that time. N: OWNER'S 3-DAY RIGHT OF RECISION: The Owner may cancel this Agreement with no further obligations by notifying the Contractor in writing that they wish to cancel the Agreement within 3 business days of the date they signed the Agreement. I have read and understood,and I agree to,all the terms and conditions contained in the Agreement above. (14 to Michael Diodatl MD Design Build Date 0 eC Date Owner 11 Initials„�,�/ ]___-- The Commonwealth of Massachusetts Department of Industrial Accidents 1 Congress S - heet,Suite 100 .Boston,MA 0.2114-2017 -- �w wimmass.gov/dia Workers'Compensation Insurance Affidavit:Builders/Contractors/El lectricians/Plumbers. To BE, FILET)WITH IRC PERMITTING AUTHORITY. A licant Information Please Print Le ibl Mule (Business/Organization/Individual): 6 t( Li Address: 10 Fkwc , City/State/Zip: t MVV, r Pyl. ` 1?k�c�Iie#:— )H 7 Are you an employer?Check the appropriate box: Type of project(required): 1.❑1 am a employer with employees(ficll and/or part-time).* ]. ❑New GQI1SttUL'tiUll 2.141 atm a sole proprietor or partnership and have no employees working for me in $, Remodeling any capacity.fNo workers'comp.insurance required.] 9. Demolition 3.❑I am a homeowner doing all work myself.[No workers'comp,insurance required.]t 10 NBuilding addition 4,E]I am a homeowner and will be hiring contractors to conduct all work on my property. I will ensure that all contractors either have workers'compensation insurance or are sole 11.[_]Electrical repairs or additions proprietors with no employees. 12. Plumbing repairs or additions 5.Q I am a general contractor and I have hired the sub-contractors listed on the attached sheet. 13.©Roof repairs 'I hese,sub-contractors have employees and have workers'camp.insurance? 6,E]We are a corporation and its officers have exercised their right of'exemption per MGL c. 14.Q(?tier' 152.,§1(4),and we have no employees.[No workers'camp.insurance required.] *Any applicant that checks box#1 must also fill out the section below showing their workers'compensation policy information. t Homeowners who submit this affidavit indicating they are doing all work and then hire outside contractors must submit a now affidavit indicating such. tContractors that check this box Hurst 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. Iain an employer that isproviding worlfers'compensation 111SUMilce fol'my employees. Below is tine policy and,job site injarination. Insurance Company Name: Policy#of Selfvts.Lic. Expiration Date: m 'b Site Address: �`/ki� ( �� ('' (.' City/State/zip �_IK6 A tach a copy of the worlters' compensation policy declaration page(shaving the policy number and expiration date). Failure to secure coverage as requited under MGI,c. 152,§25A is a criminal violation punishable by a fine up to$1,500.00 and/or one-year imprisonment,as well as civil penalties in the form of a STOP WOR{ OT�DER.and a fine of up to$250.00 a day against the violator.A copy of this statement may be forwarded to the Office oflnvestigations of tile DIA for insurance coverage verification. Ido helehy cert under ie pa' s an penalties vfpetymy that the ii formation provitled ab ve s true and correct Si�natune: _. Date: ._" ' Phone l Of use only, Do not write in this area,to be completed by city or town official. City or'I'orvn: _ Permit/License# Issuing Authority(circle one): i 1.Board of health Z.Building Department 3.City/'Ibwn Cleric 4.Electrical Inspector S.Plumbing Inspector G.Other Contact Person:._._.._ __ __..___... Phone M. Y1sz t Dep gent oPut; ?c SaieZy u0 of Builaing -= '--u- aE - s ana Sty :!S -is _'U,. i - b.cense_ C"72360360 i - ARCIIAEL P DIODATI,R 16 PLUMMER RD 74 1�' ME LAWRENCE MA 0184$ °�'�.. .� �J • ' Expiration co s 01/1912016 eammiow waa '§ Office of Consumer Affairs and usiness Regulation w _ 10 Park Plaza - Suite 5170Boston, Massachusetts 02116 Home Improvement Contractor Registration Registration: 180802 Type: Individual Expiration: 11712017 Tr# 261778 MICHAEL P. DICIDATI JR. MICHAEL DiUDAT1 — ---- -- — — -- _ _ ---_—_ -- 16 PLUMMER RD LAWRENCE, MA 01 843 Update Address and return card.Ntark reason for change. iAddress Renewal iEmplovment Lost Card DPS-CAI 0 50NA1-04,44-G101216 ` License or re-istration valid for individul use only Office of Consumer Affairs&Business Regulation e dHOME IMPROVEMENT CONTRACTOR before the expiration date. If found return to: Registration: 180802 Type: office of Consumer Affairs and Business Reaulation _e Expiration: 1/712417 Individual 10 Park Plaza-Suite 5170 Boston,MA 02116 MICHAEL P.DiODATI JR. MICHAEL DIODATI 16 PLUMMER RD LAWRENCE,MA 01843 Undersecretary Not valid without signature Massachusetts Department of Public Safety Board of Building Regulations and Standards License: CS-072360 Construction Supervisor MICHAEL PAUL DIODATI,JR. 16 PLUMMER ROAD LAWRENCE MA 01843 Sxpirafion, co'nmissioner 0111912018