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Building Permit #233 - 115 MAIN STREET 10/2/2008
NORTH BUILDING PERMIT o�tt�*o 16�ti TOWN OF NORTH ANDOVER APPLICATION FOR PLAN EXAMINATION * ,� Permit NO: 2 Date Received (c)•2• �6j > +�Qvo� �9s g4re0►��� Date Issued: /bz v� ✓ �I C (07-F) (' X N � � SACNt1`� �/,/��/� IMPORTANT:Applicant must complete a 1 items on this page LOCATION 4%1/"AJ `S V 436 ✓� PROPERTY OWNER_ L.►e 'L1+ 7" s�r-- Print MAP NO:'�_PARCEL: ZONING DISTRICT: Historic District yes no Machine Shop Village yes no TYPE OF IMPROVEMENT PROPOSED USE Residential Non- Residential New Buildin One family Addition Two or more family Industrial Alteration v"' No. of units: Commercial Repair, replacement Assessory Bldg Ot ers: Demolition ✓ Other Septic Well Floodplain Wetlands Watershed District Water/Sewer DESCRIPTION OF WORK TO BE PREFORMED: c MAA4JMA-7701) 6014(, &v0e0A::::- Identification Please Type or Print Clearly) OWNER: Name: GA-UJ 7" js2"� Phone: Address: /J. �N CONTRACT©am � Phone-4 O f ' Address:&2K Supervisor's Construction License: 15 Exp. Date � Home Improvement License: Exp. Date: ARCHITECT/ENGINEER 7� �� Phone 7 Address:_ ��( IN A&qhl676 J ST. Reg. No. ��' • f1w -,C�GD/�� FEE SCHEDULE:BULDING PERMIT.$12.00 PER$1000.00 OF THE TOTOEM TED COST BASED ON$125.00 PE S.F. Total Project Cost: $_ FEE: $ , Check No.: Receipt No.: ✓S� NOTE: Persons contractingun egistered contractors do not have access t re guaran and Signattare of Agent/OwneSignature of contractor Plans Submitted Plans Waived Certified Plot Plan Stamped Plans TYPE OF SEWERAGE DISPOSAL 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 DATE REJECTED DATE APPROVED PLANNING & DEVELOPMENT COMMENTS CONSERVATION Reviewed on Signature COMMENTS �• HEALTH Reviewed on- - Signature COMMENTS Zoning Board of Appeals: Variance, Petition No: Zoning Decision/receipt submitted yes Planning Board Decision: Comments Conservation Decision: Comments Water 8c Sewer Connection/Signature & Date 'Driveway Permit DPW Town Engineer: Signature: Located `384 Osgood Street FIRE DEPARTMENT Temp Dumpster on site yes no Located at 124 Main Street Fire'Depar-tment signature/date COMMENTS 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 21A—F and G min.$100-$1000 fine NOTES and DATA— For department use) ❑ Notified for pickup - Date Doc.Building Permit Revised 2008 Building Department The following is a list of the required forms to be filled out for the appropriate permit to be obtained. Roofing, Siding, Interior Rehabilitation Permits ❑ Building Permit Application ❑ Workers Comp Affidavit ❑ Photo Copy Of H.I.C. And/Or C.S.L. Licenses ❑ Copy of Contract ❑ Floor Plan Or Proposed Interior Work ❑ Engineering Affidavits for Engineered products NOTE: All dumpster permits require sign off from Fire Department prior to issuance of Bldg Permit Addition Or Decks ❑ Building Permit Application ❑ Certified Surveyed Plot Plan ❑ Workers Comp Affidavit ❑ Photo Copy of H.I.C. And C.S.L. Licenses ❑ Copy Of Contract ❑ Floor/Crossection/Elevation Plan Of Proposed Work With Sprinkler Plan And Hydraulic Calculations (If Applicable) ❑ Mass check Energy Compliance Report (If Applicable) ❑ Engineering Affidavits for Engineered products NOTE: All dumpster permits require sign off from Fire Department prior to issuance of Bldg Permit New Construction (Single and Two Family) ❑ Building Permit Application ❑ Certified Proposed Plot Plan ❑ Photo of H.I.C. And C.S.L. Licenses ❑ Workers Comp Affidavit ❑ Two Sets of Building Plans (One To Be Returned) to Include Sprinkler Plan And Hydraulic Calculations (If Applicable) ❑ Copy of Contract ❑ Mass check Energy Compliance Report ❑ Engineering Affidavits for Engineered products NOTE: All dumpster permits require sign off from Fire Department prior to issuance of Bldg Permit In all cases if a variance or special permit was required the Town Clerks office must stamp the decision from the Board of Appeals that the appeal period is over. The applicant must then get this recorded at the Registry of Deeds. One copy and proof of recording must be submitted with the building application Doc:INSPECTIONAL SERVICES DEPARTMENT:BPFORM07 Revised 2.2008 Location No. .2 33 Date f n NORTy TOWN OF NORTH ANDOVER • s + , Certificate of Occupancy $ i e• <.<�1�. 4 • �r y BuiidinglFrame Permit Fee $ Foundation Permit Fee $ Other Permit Fee $ TOTAL $ r Check # r 2i5CGI, (wilding Inspector V40 TH Town of Andover No. Z33 C, 0 dover, Mass.,- 0 LA COC MIC HEWICK IT ORATED Pk? C2 BOARD OF HEALTH Food/Kitchen PERMIT T D Septic System BUILDING INSPECTOR . ..... .......... . THIS CERTIFIES THAT............... ... . ......... ........ .......................................................................... Foundation has permission to erect .............................................. Rough ........................................ buildings on....................... to be occupied as.. -'o Chimney en ................................................................11.*' ... provided that the person adcopting this permit shall in every respect conform to the terms of the application on file in Final 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. PLUMBING INSPECTOR VIOLATION of the Zoning or Building Regulations Voids this Permit. Rough Final PERMIT EXPIRES IN 6 MONTHS UNLESS CONSTRUCTION STARTS ELECTRICAL INSPECTOR 0� Rough Service ....... .............. ... ;i6R Final Occupancy Permit Required to Occupy Building GAS INSPECTOR Rough 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. Burner Street No. SEE REVERSE SIDE Smoke Det. OFFICE OF BUILDING INSPECTOR ' TOWN OF NORTH ANDOVER CONSTRUCTION CONTROL 1s��1 PROJECT NUMBER: V PROJECT TITLE: 1pynwseg PROJECT LOCATION: f �� NAME OF BUILDING: NATURE OF PROJECT: IN ACQQRDANCE WIT. ARTICLE 116 OF THE MASSACHUSETTS STATE BUILDING CODE, I. REGISTRATION NO. BEING A REGISTERED PROFESSIONAL ENGINEER%ARCHITECH HEREBY CERTIFY THAT I HAVE PREPARED OR DIRECTLY SUPERVISED THE PREPARATION OF ALL DESIGN PLANS, COMPUTATIONS AND SPECIFICATIONS'CONCERNING: ENTIRE PROJECT^ ARCHITECTURAL 0 STRUCTURAL 0 MECHANICAL 0 FIRE PROTECTION 0 ELECTRICAL O OTHER(SPECIFY) FOR THE ABOVE NAMED PROJECT AND THAT, TO THE BEST OF MY KNOWLEGE, SUCH PLANS, COMPUTATIONS AND SPECIFICATIONS MEET THE APPLICABLE PROVISION OF THE MASSACHUSETTS STATE BUILDING CODE,ALL ACCEPTABLE ENGINEERING PRATICES. AND APPLICABLE LAWS AND ORDINANCES FOR THE PROPOSED USE AND OCCUPANCY. I FURTHER CERTIFY THAT I SHALL PERFORM THE NECESSARY PROFESSIONAL SERVICES AND B EPRESENT ON THE CONSTRUCTION SITE ON A REGULAR AND PERIODIC BASIS TO DETERMINE THAT THE WORK IS PROCEEEDING IN ACCORDANCE WITH THE DOCUMENTS APPROVED FOR THE BUILDING PERMIT AND SHALL BE RESPONSIBLE FOR THE FOLLOWING AS SPECIFIED IN SECTION 116.0 1. Review, for conformance to the design concept, shop drawings, samples and other submittals which are submitted by the contractor in accordance with the requirements of the construction documents. 2. Review and approval of the quality control procedures for all code-required controlled materials. 3. Be present at intervals appropriate to the stage of construction to become, generally familiar with6the progress and quality of the work and to determine, in general, if the work is being performed in a manner consistent with the construction documents. PURSUANT TO SECTION 116.2 .2 1 SHALL SUBMIT WEEKLY, A PROGRESS REPORT TOGETHER WITH PERTINENT COMMENTS TO THE NORTH ANDOVER BUILDING INSPECTOR. UPON COMPLETION OF THE WORK, I SHALL SUBMIT A FINAL REPORT AS TO THE SATISFACTORY COMPLETION AND READINESS OF THE PROJECT FOR OCCUP W. t —4�z 71-�44 SUBSCRIBED AND SWORN TO BEFORE ME THIS I=CfDAY OF sl NOTARY PUBLIC MY COMMISSION EXPIRE �0 3 -I Th BUILDING PERMIT �- �–" o•t�� ° <a�tio F U� TOWN OF NORTH ANDOVER APPLICATION FOR PLAN EXAMINATION * ,� Date Received Zo / gATID SSACHus wed: IMPORTANT: Applicant must complete all items on this page .00ATION o 9—a(A Print PROPERTY OWNER Print MAP NO: PARCEL: ZONING DISTRICT: Historic District yes no Machine Shop Village yes no TYPE OF IMPROVEMENT PROPOSED USE Residential Non- Residential New Building One family Addition Two or more family Industrial Alteration No. of units: Commercial Repair, replacement Assessory Bldg Others: Demolition Other Septic Well Floodplain Wetlands Watershed District Water/Sewer SCRIPTI N(Q5 WORK TO BE PREFORMED: Identification Please Type or,Print Clearly) OWNER: Name: Phone: Address: a t' CONTRACTOR Name: l VFWE44 ,fid r, Phone: Address: A Avri -C- W dc Supervisor's Construction License: C 1; G 377 gt' Exp. Date:�%19 � rp Home Improvement License: Exp. Date: 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. Total Project Cost: $ FEE: $ Check No.: Receipt No.: NOTE: Persons contracting with unregistered contractors do not have access to the guaranty fund - _ R Signature of Agent/Owner Signature_of contractor 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 21A—F and G min.$100-$1000 fine NOTES and DATA— (For department use �s or I Aft A.9*0 jo 44�r�-4-" %f 'V l ❑ Notified for pickup - Date _......_.........................................................................................................__._...._..._............................._.............._.......................................-- ...._......................_._....._............................................................................................_..._._ Permit Revised 2007 CERTIFICATION CONSTRUCTION CONTROL REGISTERED ELECTRICAL PROFESSIONAL ENGINEERING SERVICES In accordance with Section 116.0 of the Massachusetts Building Code 780 CMR 6th Edition 1, Bruce M. Fencer being a registered architect or registered professional engineer certify that I shall perform the necessary professional services for the portion of the engineering work (electrical) for which I or my designated representative are directly responsible as identified in Section 116.2. 1. Review for conformance to the design concept, shop drawings, samples and other submittals which are submitted by the contractor in accordance with the requirements of the construction control documents. 2. Review and approval of the quality control procedures for all code-required controlled materials. 3. Be present at intervals appropriate to the stage of construction to become,generally familiar with the progress and quality of the work and to determine,in general,if the work is being performed in a manner consistent with the construction documents. Pursuant to Section 116.4,1 shall submit periodically,progress reports together with pertinent comments as may be required by the Building Inspector. At completion of the construction and prior to the request of a Certificate of Occupancy, I shall file a final report to the Building Inspector that the work has been performed in accordance with the approved plans and 780 CMR and all requirements of Section 120.0,"Certificate of Occupancy"have been satisfied. Project: _ CVS Pharmacy, Store#209 Location: Messina Shopping Center,North Andover,Massachusetts Date on Plans and Specifications submitted for approval and issuance of the Building Permit: 11/19/07 JW OF s9 BRUCE M �y FENCE N ELECTRI L ^' No. 36 Electrical—36076 & - Discipline-Area of Responsibility G1 �4 M.G.L.Chapter 112,231 CMR,250 CMR NLEN Professional Engineer(Original) Seal 11/21/07 Date BKA Architects, Inc. 142 Crescent Street Brockton, MA 02302 Architecture Interiors tel:508.583.5603 fax: 508.584.2914 e-mail:bka@bkaarchs.com www.bkaarchs.com AFFIDAVIT ARCHITECTURAL DESIGN AND INSPECTION TO: Gerald Brown, Building Inspector Building Department of North Andover 1600 Osgood Street North Andover, MA RE: CVS/Pharmacy#0209 115 Main Street North Andover, MA BKA Ref, No: 207059 In conformance with the Massachusetts State Building Code, I certify that to the best of my knowledge, information and belief, the plans and computations for the captioned buildingwere designed in accordance with the requirements of the Massachusetts State � q Building Code and all other pertinent laws and ordinances. I also certify that I, or my authorized representative, will inspect the work during construction. This 1 in s wil dude the inspection and review responsibilities outlined in the Massachusetts State Building Code. Upon completion of the construction, a final inspection affidavit indicating that the building is satisfactory, complete and ready for occupancy will be issued. Barry Koretz No. 3962 Architect MA Reg. No. . •���` 142 Crescent Street, Brockton, MA ties` R ARC CAddress o No. 3962 (5 08) 583-5603 3 BROCKTON. Telephone pMASS. Jy F9�r November 7, 2007 Date CERTIFICATION CONSTRUCTION CONTROL REGISTERED FIRE PROTECTION PROFESSIONAL ENGINEERING SERVICES In accordance with Section 116.0 of the Massachusetts Building Code,780 CMR,6th Edition I, Paul D. Sullivan being a registered architect or registered professional engineer certify that I shall perform the necessary professional services for the portion of the engineering work (fire protection)for which I or my designated representative are directly responsible as identified in Section 116.2. 1. Review for conformance to the design concept, shop drawings,samples and other submittals which are submitted by the contractor in accordance with the requirements of the construction control documents. 2. Review and approval of the quality control procedures for all code-required controlled materials. 3. Be present at intervals appropriate to the stage of construction to become,generally familiar with the progress and quality of the work and to determine,in general,if the work is being performed in a manner consistent with the construction documents. Pursuant to Section 116.4, 1 shall submit periodically,progress reports together with pertinent comments as may be required by the State Building Inspector. At completion of the construction and prior to the request of a Certificate of Occupancy,I shall file a final report to the State Building Inspector that the work has been performed in accordance with the approved plans and 780 CMR and all requirements of Section 120.0,"Certificate of Occupancy"have been satisfied. Project: CVS Pharmacy, Store#209 Location: Messina Shopping Center,North Andover,Massachusetts Date on Plans and Specifications submitted for approval and issuance of the Building Permit: 11/19/07 PAUL D. (t> SULWAN a i. n Ft TtOIV h 0402 Q Fire Protection—40402 Discipline-Area of Responsibility M.G.L.Chapter 112,231 CMR,250 CMR Professional Engineer(Original) Seal 11/21/07 Date I TRANSMITTAL General Contractors• Design Builders.Consultants TRBe36 Londonderry Turnpike J Hooksett, New Hampshire 03106 DEVELOPMENT GROUP, INC. Phone: (603)669-8500. Fax:(603)626-0939 Website: www.trb-group.com We Build Trust. PROJECT: To: Town of North Andover 1600 Osgood Street Date: 2-20-08 North Andover, MA 01845 REF: CVS—No. Andover ATTN: Gerald A. Brown WE ARE SENDING: SUBMITTED FOR: ACTION TAKEN: Shop Drawings 0 Approval Approved as Submitted Letter — Your Use Approved as Noted tj Prints As Requested Returned After Loan Change Order Review and Comment — Resubmit Plans 13 Submit Samples SENT VIA: Returned Specifications — Attached 3LReturned for Corrections Other Separate Cover Via: Due Date: Item No Copies Date Description 1 1 2-20-08 Energy Calculations 7 Pages copy Signed: Timothy R. Boisvert, President From:H.H. MORANT 978 740 9161 02/20/2008 11:23 #345 P.002/007 Envelope Compliance Report Massachusetts Commercial Code COMcheck-EZ Software Version 2.4 Release 1 Data filename:C:\Program Files\Check\COMcheck-EZ\CVS-North Andover.cck Section 1: Project Information Project Name: Messina Shopping Center 109-123 Main Street North Andover,Massachusetts Designer/Contractor: Architect: H.H.Morant&Co.,Inc.Architects P.O.Box 4485 Salem,Massachusetts 01970 Tel:978-744-5354 Fax:978-740-9161 Contact:Stephen W.Livermore Document Author: H.H.Morant&Co.,Inc.Architects P.O.Box 4485 Salem,Massachusetts 01970 Tel:978-744-5354 Fax:978-740-9161 Contact:Stephen W.Livermore 978-744-5354 Section 2: General Information Building Location: North Andover,Massachusetts Climate Zone: 13a Heating Degree Days(base 65 degrees F): 5641 Cooling Degree Days(base 65 degrees F): 678 Building Use Method of Compliance: Whole Building Method Buildine Tyne Floor Area Retail 13048 Project Description(check one): _New Construction _Addition _Alteration Unconditioned Shell(File Affidavit) Section 3: Requirements Checklist Air Leakage,Component Certification,and Vapor Retarder Requirements Inspection Approved Initial Date (Y/N) All joints and penetrations are caulked,Basketed, weather-stripped,or otherwise sealed Windows,doors,and skylights certified as meeting lcakage requirements From:H.H. MORANT 978 740 9161 02/20/2008 11:23 #345 P.003/007 Component R values&U-factors labeled as certified Vapor retarder installed From:H.H. MORANT 978 740 9161 02/20/2008 11:23 #345 P.004/007 Climate-Specific Requirements Gross Cavity Cont. Proposed Budget Component Name/Description Area R Value R Value U-Factor IJ Factor Roof 1:Metal Roof with Thermal Blocks 11350 0.0 22.0 0.044 0.060 Roof 2:Non-Wood Joist/Rafter/Tmss 2079 30.0 3.4 0.036 0.060 Exterior Wall 1:Metal Frame, 16"o.c. 1750 19.0 2.0 0.093 0.091 Window 1: Metal Frame with Thermal Break,Double Pane with Low-E Clear,shgc 0.52 80 --- --- 0.480 0.603 Window 2: Metal Frame with Thermal Break,Double Pane with Low-E Clear,shgc 0.52 80 -- -- 0.480 0.603 Window 3: Metal Frame with Thermal Break,Double Pane with Low-E Clear,shgc 0.52 80 --- -- 0.480 0.603 Window 4: Metal Frame with Thermal Break,Triple Pane with Low-E Clear,shgc 0.52 80 --- --- 0.480(b) 0.603 Window 5: Metal Frame with Thermal Break,Triple Pane with Low-E Clear,shgc 0.52 36 --- -- 0.480(b) 0.603 Window 6:Wood Frame,Triple Pane with Low-E Clear,shgc 0.20 15 --- --- 0.370(b) 0.603 Window 7:Wood Frame,Triple Pane with Low-E Clear,shgc 0.20 15 - -- 0.370(b) 0.603 Window 8:Wood Frame,Triple Pane with Low-E Clear,shgc 0.20 15 --- --- 0.370(b) 0.603 Window 9:Wood Frame,Triple Pane with Low-E Clear,shgc 0.20 15 -- -- 0.370(b) 0.603 Window 10:Wood Frame,Triple Pane with Low-E Clear,shgc 0.20 15 --- --- 0.370(b) 0.603 Window 11:Wood Frame,Triple Pane with Low-E Clear,shgc•0.20 15 --- --- 0.370(b) 0.603 Window 12:Wood Frame,Triple Pane with Low-E Clear,shgc 0.20 15 --- --- 0.370(b) 0.603 Window 40:Wood Frame,Triple Pane with Low-E Clear,shgc 0.20 5 --- -- 0.370(b) 0.603 Door 1:Glass,Clear,shgc 0.52 42 -- --- 0.480 0.603 Exterior Wall 2:Metal Frame,16"o.c. 225 19.0 2.5 0.088 0.091 j Exterior Wall 3:Metal Frame,16"o.c. 2726 19.0 2.5 0.089 0.091 Window 13: Metal Frame with Thermal Break,Triple Pane with Low-E Clear,shgc 0.52 36 --- --- 0.480(b) 0.603 Window 14:Wood Frame,Triple Pane with Low-E Clear,shgc 0.20 15 -- -- 0.370(b) 0.603 Window 15:Wood Frame,Triple Pane with Low-E Clear,shgc 0.20 15 --- 0.370(b) 0.603 Window 16:Wood Frame,Triple Pane with Low-E Clear,shgc 0.20 15 --- -- 0.370(b) 0.603 Window 17:Wood Frame,Triple Pane with Low-E Clear,shgc 0.20 15 - -- 0.370(b) 0.603 Window 18:Wood Frame,Triple Pane with Low-E Clear,shgc 0.20 15 --- --- 0.370(b) 0.603 Window 19:Wood Frame,Triple Pane with Low-E Clear,shgc 0.20 15 -- -- 0.370(b) 0.603 Window20:Wood Frame,Triple Pane with Low-E I From:H.H. MORANT 978 740 9161 02/19/2008 17:15 #342 P.001/006 I K. u. Morant & Co., Inc. PO Box 4485/221 Waahin8ton chi met (Delivery) &Iem, MawaehweU 01WO Phone (978) 74461354 Fax (97M) 740.916 V URGENT FAX TKAN5 I55ION t�J T0: Gerald Brown North Andover l3uildin9 Department artment FROM: Stephen W. Livermore DATE: February 19, 2008 RE: Messina Project (Energy Compliance Report) FAX: (978) 688-9542 Dear Mr. Brown: Attached, please find the following: 1. Messina Project Energy Compliance Report Please review and call with questions and/or comments. Thanks Stephen W. Livermore From:H.H. NORANT 978 740 9161 02/19/2008 17:15 #342 P.002/006 i Envelope Compliance Report Massachusetts Commercial Code COMcheck-EZ Software Version 2.4 Release 1 Data filename:C:\Program Files\Check\COMcheck-EZ\CVS-North Andover.cck Section 1:Project Information Project Name: Messina Shopping Center 109-123 Main Street North Andover,Massachusetts Designer/Contractor: Architect H.H.Morant&Co.,Inc.Architects P.O.Box 4485 Salem,Massachusetts 01970 Tel:978-744-5354 Fax:978-740-9161 Contact.Stephen W.Livermore Document Author. H.H.Morant&Co.,Inc.Architects P.O.Box 4485 Salem,Massachusetts 01970 Tel:978-744-5354 Fax:978-740-9161 Contact:Stephen W.Livermore 978-7445354 Section 2:General Information Building Location: North Andover Massachusetts Climate Zone: 13a Heating Degree Days(base 65 degrees F): 5641 Cooling Degree Days(mase 65 degrees F): 678 Building Use Method of Compliance: Whole Building Method Bum Type Floor Area Retail 13048 Project Description(check one): New Construction _Addition _Alteration —Unconditioned Shell(File Affidavit) Section 3:Requirements Checklist Air Leakage,Component Certification,and Vapor Retarder Requirements Inspection Approved Initial Date (Y/1) All joints and penetrations are caulked,gasketed, weather-stripped,or otherwise sealed Windows,doors,and skylights certified as meeting leakage requirements From:H.H. MORANT 978 740 9161 02/19/2008 17:15 #342 P.003/006 Component R-values&U factors labeled as certified Vapor retarder installed From:H.H. MORANT 978 740 9161 02/19/2008 17:15 #342 P.004/006 I Climate-SpeetSc Requirements Gross Cavity Cont. Proposed Budget Com»onent Name./Description Area re -Value U-Factor U Factor Roof 1:Metal Roof with Thermal Blocks 11350 OA 22.0 0.044 0.060 Roof 2:Non-Wood Joist/Rafber/Tntss 2079 30.0 3.4 0.036 0.060 Exterior Wall 1:Metal Frame,16"ox. 1750 19.0 2.0 0.093 0.091 Window 1: Metal Frame with Thermal Break,Double Pane with Low-E Clear,shgc 0.52 80 -- - 0.480 0.603 Window 2: Metal Frame with Thermal Break,Double Pane with Low-E Clear,shgc 0.52 80 - - 0.480 0.603 Window 3: Metal Frame with Thermal Break,Double Pane with Low-E Clear,shgc 0.52 80 -- - 0.480 0.603 Window 4: Metal Frame with Thermal Break,Triple Pane with Low-E Clear,shgc O.S2 80 -- - 0.480(b) 0.603 Window 5: Metal Frame with Thermal Break,Triple Pane with Low-E Clear,shgc 0.52 36 --- -- 0.480(b) 0.603 Window 6:Wood Frame,Triple Pane with Low-E Clear,shgc 0.20 15 -- -- 0.370(b) 0.603 Window 7:Wood Frame,Triple Pane with Low-E Clear,shgc 0.20 15 -- --- 0.370(b) 0.603 Window 8:Wood Frame,Triple Pane with Low-E Clear,shgc 0.20 15 - -- 0.370(b) 0.603 Window 9:Wood Frame,Triple Pane with Low-E Clear,shgc 0.20 15 - - 0.370(b) 0.603 Window 10:Wood Frame,Triple Pane with Low-E Clear,shgc 0.20 15 - - 0.370(b) 0.603 Window 11:Wood Frame,Triple Pane with Low-E Clearc 0.20 15 -- -- shg 0.370(b) 0.603 Window 12:Wood Frame,Triple Pare with Low-E Clear,shgc 0.20 15 - --- . 0.370(b) 0.603 Window 40:Wood Frame,Triple Pane with Low-E Clear,shgc 0.20 5 --- 0370(b) 0.603 Door 1:Glass,Clear,shgc 0.52 42 - -- 0.480 0.603 Exterior Wall 2:Metal Frame,16"o.c. 225 19.0 2.5 0.088 0.091 Exterior Wall 3:Metal Frame,16"o.c. 2726 19.0 2.5 0.089 0.091 Window 13: Metal Frame with Thermal Break,Triple Pane with L.ow E Clear,shgc 0.52 36 - -- 0.480(b) 0.603 Window 14:Wood Frame,Triple Pane with Low-E Clear,shgc 0.20 15 - -- 0370(b) 0.603 Window 15:Wood Frame,Triple Pane with Low-E Clear,shge 0.20 15 -- - 0.370(b) 0.603 Window 16:Wood Frame,Triple Pane with Low-E Cleat,shgc 0.20 15 -- -- 0.370(b) 0.603 Window 17:Wood Frame,Triple Pane with Low-E Clear,shgc 0.20 15 - - 0.370(b) 0.603 Window 18:Wood Frame,Triple Pane with Low-E Clear,shgc 0.20 15 - - 0.370(b) 0.603 Window 19:Wood Frame,Triple Pane with Low-E Clear,shgc 0.20 15 --- - 0.370(b) 0.603 Window20:Wood Frame,Triple Pane with Low-E 1 r Be advised that Federal Code section 8-301.11 states that"a person may not operate a food establishment without a valid permit to operate issued by the regulatory authority'. We will be happy to meet with you to answer any questions or issues you may have. Thank you for your cooperation in this matter.We look forward to working with you in the effort to provide safe food to our citizens. Si�n/r1 , ` Mihhele E.Grant Public Health Inspector I i TOWN OF NORTH ANDOVER Office ofCOMMUNITY MUNITY DEVELOPMENT AND SERVICES ora �w HEALTH DEPARTMENT 27 CHAR1.1"S STREET REE,1 NORTH ANDOVER, MASSACElUSET'T'S 01845 �',s'^'•"'pd�' S1CNUg j Michele E.Grant 978.688.9540 - Phone Public Health inspector 978.688.9542 -FAX hcaltlideptoy townofn orthan dover.corn CVS www.townofnortliandover.com One CVS Drive Woonsocket,RI. 02895 Attn:Mark Andrews February 6,2008 Re: CVS,Main Street Dear Mr.Andrews, This letter is in response to your application for a New Food Establishment that was received by the Health Department on January 29,2008.The following items were noted either missing or incomplete from your application.Please revise as needed and resubmit to the Health Department so a proper review can be completed The authority for the following requests is found in.the FDA Food and Drug 1999 Food Code:section 8-201.11."A permit applicant or permit holder shall submit to the regulatory authority properly prepared plans and specifications for review and.approval before":A)The construction of a food establishment;(B)The conversion of an existing structure for use as a food establishment;..."The plan requirements are found in 8-201.12 "Contents of the Plans and Specifications". I) The multi page plans submitted do not contain a sheet that satisfies Health Dept.needs. Provide plans that arc a minimum of 1 I x 14 inches in size including talc layoutof the floor plan accurately drawn to a minimum scale of/� inch I foot.. This is to allow for case in reading plans as found on pages 2 and 3. Bach piece of equipment must be clearly labeled on the plan with its common name. 8-201.12 2) Manufacturer specification sheets for the equipment for verification of dimensions of the equipment in relation to the plan as well as confirmation that all equipment is commercial and NSF or UL certified, including sinks,etc. Submit specification sheets for sinks,walk-in, coolers etc. 8-201.12 3) When viewing the Store Layout and the Equipment list,please clarify a. Page 4,#1 NO-menu shows prepackaged meats. Please correct answer b. Page 5,(4.)All food products must be 6"off the floor on a washable surface. Remove wood pallets from list and replace with proper storage c. Page 9,#3- Please COITIPlete the"I"inish Schedule"section. i.e.: Coving d. Page 1 l #I 1 -Please be aware that the Waste Hauling Company"Oak leaf'does not currently hold the necessary permits to haul trash in the town of North Andover. Please have them call us at, 978-688-9540 or choose a permi(tcd company. e. North Andover requires,not only that dumpsters be on a cement pad,but also,they need to be enclosed in a fence. NA [)umpstcr Regulation f.: Page 11,#16 and#17-Please explain the answers. g. Will CVS be selling Motor Oil'' If yes, what iccornmodal.ions for mandatory take back are provided h. Will CVS be providing a wash sink to the employees? Hard to see on plan as submitted. i. Will CVS,Main Street be one of the stores implementing health clinics as recently approved events by MA legislature? IR yes,are accommodations being made 1br arca.and handwashing needed for j. Please note that Health requires applications be submitted for Dumpster and Tobacco permits. k" Two supervisor/manager type people must hold a Food Handling License. Please submit certificates or proof of attending a class. I. Ceilings open to rafters,unknown wail surfaces in storage and warewash areas. Please close in areas of Food Storage as well as Mop Sink Arca. With cleanable. 6-101.1 1 appropriate materials to make areas easily NORTH Town of No. - o dower, Mass., COCHICMEWIC. y^ RATED S 7 BOARD OF HEALTH PERMIT T D Food/Kitchen Septic System BUILDING INSPECTOR THISCERTIFIES THAT.....G. ...................................................................................................................................... Foundation has permission to erect........................................ buildings on .11K Yy.lA.(.n..517............................................ Rough to be occupied as... 'T'�t ►'> >� o S '� Chimney h.. ..... .4.............. ...... ... . .... ...................... ... ... ....5�. ....... . provided that the person accepting this permit shall in every respect conform to the t of the application on file in Final 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. PLUMBING INSPECTOR VIOLATION of the Zoning or Building Regulations Voids this Permit. Rough PERMIT E)PIRES IN 6 MONTHS Final ELECTRICAL INSPECTOR UNLESS CONSTRUC S Rough --e............ _. Service BUILDIN INSPECTOR Final Occupancy Permit Required to Ocmpy Building GAS INSPECTOR Rough 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. Burner Street No. SEE REVERSE SIDE Smoke Det. BOARD OF BUILDING REGULATIONS License: CONSTRUCTION SUPERVISOR Number: CS 055439 Birthdate: 03/02/1961 Expires: 03/02/2008 Tr.no: 17162 Restricted: 00 TIMOTHY R BOISVERT 36 LONDONDERRY TNPK / t, HOOKSETT, NH 03106 Commissioner } CVS CONSTRUCTION AGREEMENT A' ARTICLE 40. AFFIRMATIVE ACTION CVS is an equal employment opportunity employer and is a federal contractor. Consequently,the parties agree that they will comply with Executive Order 11246,the Vietnam Era Veterans'Readjustment Assistance Act of 1974 and the Vocational Rehabilitation Act of 1973, if applicable, and also that these laws are incorporated herein by this reference. The parties also agree-that they will not discriminate against any employee or applicant for employment because of race, color, religion, sex, national origin, age, or any other characteristic protected by federal, state or local law. ARTICLE 41. COUNTERPARTS This Contract may be executed in two or more counterparts,each of which will be deemed an original,but all of which together shall constitute one and the same instrument. This Contract is executed as of the day and year first written above. CONTRACTOR CVS: TRB Development Group,Inc. CVS,INC. 36 Londonderry Turnpike ONE CVS DRIVE Hooksett,NH 03106 -I- '10N. C 02895 �p �� Date. BY: rt"� T'�� �S6ate: , B NAME: N ,lle llebd a TITLE: - TITLE ' Director of Constniction Contract over$50,000.dot 11/10/97 13 i INVITATION TO BID . . . . . . . . . . . . . . . . . . . . . . . . . . . . . STORE NO.: DATE: NAME: 0209 February13,2008 TRE Development Group,Inc. STREET: STREET: 115 Main Street 36 Londerry Turnpike CITY, STATE: CITY, STATE: No.Andover,MA 01845 Hooksett,NH 03106 TOTAL SQ.FT.: RETAIL SQ.FT.: ATTN: 13,013 10,964 Timothy R Boisvert BID ACCEPTANCE Dear Timothy R. Boisvert: Congratulations, we accept your bid in the amount of $ 942,974.00 foatheve tioned location. Less Pte. � = `131Enclosed you will find two copies of the Construction Agreement fo ou are required to sign, notarize and return Both copies to me within seven (7) days. I will then return a fully executed copy. You should also under no circumstances begin construction until you have received a Notice to Proceed Letter (new stores only) from us, or have been directly y contacted b this office. All billing will be submitted on a CVS furnished E-Pay form once executed contracts are received. We also require a list of subcontractors from the general contractors with the first application for payment, (attachment enclosed.)Failure to do the above will result in a delay of payment. Final payments will not be released until Waiver of Liens for all Sub-contractors are received. All projects involving new construction the General Contractor shall furnish said Liens, Certificate of Occupancy and a set of thes to this o j roect Red Lined drawings office P g prior to Final payment release.The above is stated in our contract documents. We look forward to working with you. Should you have any questions, please do not hesitate to call me. Sincerely, Michael A. Colabella Construction Payment Manager I Bid Acceptance.dot Revised 01/05/00 Dept 37 BA 1 CVS CONSTRUCTION AGREEMENT For MASSACHUSETTS CVS PHARMACY, L.L.C. (Hereinafter "CVS") STORE NO.: PROJECT#: NAME: TRB Development Group, Inc. 0209 CS 42576 STREET: STREET: 115 Main Street 36 Londonderry Turnpike CITY, STATE: CITY, STATE: North Andover,MA 01845 HooksettNH 03106 TOTAL SQ. FT.: RETAIL SQ. FT.: ATTN: VENDOR#: 13,013 10,964 Timothy R. Boisvert CONSTRUCTION CONTRACT This Contract is made this 13th day of February 2008Contract"), by and between CVS PHARMACY, INC. and its affiliates and subsidiaries, with an office at One CVS Drive, Woonsocket, Rhode Island, 02895 (hereinafter referred to as "CVS") and TRB Development Group, Inc., as Contractor, with an office at 36 Londonderry Turnpike, Hooksett,NH (vendor# 126I) (hereinafter referred to as "Contractor"). WITNESSETH: That CVS and Contractor, for the consideration hereinafter named agree as follows: ARTICLE 1. SCOPE OF WORK The Contractor shall perform all of the Work required by the CONTRACT DOCUMENTS for General Construction, as described in the CVS DRAWING PACKAGE and as provided for in Article 2 hereof ("Work")for CVS Store No. 0209(cs42576). ARTICLE 2. CONTRACT DOCUMENTS The CONTRACT DOCUMENTS consist of this Contract, Conditions of the Contract (General, Supplementary and other Conditions), CVS DRAWING PACKAGE, and, all Addenda issued prior to execution of this Contract and all Modifications issued subsequent thereto. These form the Contract, and all are as fully a part of the Contract as if attached hereto or repeated herein. Contract over$50,000.dot 11/10/97 1 CVS CONSTRUCTION AGREEMENT ARTICLE 3. TIME OF COMMENCEMENT AND COMPLETION The Work to be performed under this Contract shall commence as specified in the Notice to Proceed from CVS and shall be completed May 16,2008 All of the time limits stated in the CONTRACT DOCUMENTS and herein are of the essence of this Contract. By executing this Contract, the Contractor confirms that times designated for commencement and completion of the Work are fair and reasonable. ARTICLE 4. THE CONTRACT SUM CVS shall pay the Contractor for the Work performed under the terms of this Contract, subject to additions and deductions by Change Order as provided in Article 20 hereof, and all other terms provided herein, the Contract Sum of$942,974.00 Nine Hundred Forty-Two Thousand,Nine Hundred Seventy-Four Dollars and 00/100 . ARTICLE 5. PERIODIC PAYMENTS The Contractor's Periodic Application For Payment is to be submitted on a Form, AIA-G702, on the last day of each month for work performed during such month or any portion thereof. Based upon such Application For Payment submitted to CVS by the Contractor, CVS shall make periodic progress payments on account of the Contract Sum to the Contractor as follows: Each application for payment shall be based upon the Schedule of Values submitted by the Contractor in accordance with the CONTRACT DOCUMENTS. The Schedule of Values shall allocate the entire Contract Sum among the various portions of the Work and be prepared in such form and supported by such data to substantiate its accuracy as CVS may require. This Schedule shall be used as a basis for reviewing the Contractor's Applications for Payment. Within thirty (30) days of receipt of periodic application for payment, ninety (90%) percent of the proportion of the Contract Sum properly allocated to labor, materials and equipment incorporated in the Work during the previous calendar month and ninety (90%) percent of the portion of the Contract Sum properly allocable to materials and equipment suitably delivered to and stored at the site during such previous calendar month shall be paid to the Contractor. The Contractor shall promptly pay each subcontractor upon receipt of payment from CVS, out of the amount paid to the Contractor on account of such subcontractor's work,the amount to which said subcontractor is entitled, reflecting the percentage actually retained, if any, from payments to the Contractor on account of such subcontractor's work. The Contractor shall, by an appropriate agreement with each subcontractor, require each Subcontractor to make payments to their sub-subcontractors in similar manner. CVS shall have no obligation to pay or to see to the payment of any monies to any subcontractor except as may otherwise be required by law. The Contractor shall be responsible for delivering to CVS, within five (5) days after all such payments are made, release of liens by Contractor and subcontractor(s)in the amount of such payments. ARTICLE 6. ACCEPTANCE AND FINAL PAYMENT Subject to the provisions of this Article 6 and certain other applicable Articles of this Contract, Final Payment sufficient to increase the total payments to one hundred(100%)percent of the Contract Sum shall be due thirty (30) days after final, inspection and acceptance of the Work, in accordance with the terms of this Contract Contract over$50,000.dot 11/10/97 2 CVS CONSTRUCTION AGREEMENT and the CONTRACT DOCUMENTS; and upon the receipt by'CVS of executed Lien Waivers from Contractor and all subcontractors, and suppliers, for the full amount of their respective contracts and any other monies that i may be due to said subcontractors and/or suppliers.. Upon receipt of written notice that the Work is ready for final inspection and acceptance, CVS shall promptly make such inspection, and when (i) the Work is found to be acceptable under the Contract and the Contract fully performed; (ii) evidence satisfactory to CVS that all payrolls, material bills, and other indebtedness to all subcontractors and any others connected with the Work have been paid; (iii) said certificates of lien waivers are delivered by the Contractor to CVS; (iv) a Certificate of Occupancy is delivered to CVS by the Contractor, which shall mean a certificate from the appropriate government authority that the Work has been completed and is suitable for occupancy and for CVS' intended purpose according to the building codes of the jurisdiction where the site is located; (v) the final set of"as-built" drawings are delivered to CVS; then and only then, CVS shall promptly issue a Final Certificate, signed by a duly authorized employee of CVS, stating that the Work provided for in this Contract has been completed and is accepted by CVS under the terms and conditions thereof, and that the entire balance found to be due the Contractor, and noted in said Final Certificate, is due and payable. However, Final Payment can be reduced by the value of items appearing on an itemized punch list, which shall be executed by both parties and made part of the said Final Certificate. The date of issuance of the Final Certificate shall be the date of Substantial Completion as referred to herein. ARTICLE 7. SHOP DRAWINGS AND SUBMITTALS Contractor shall submit to CVS for prior written approval, within fourteen(14) days from the date hereof, shop drawings and other items required by the CONTRACT DOCUMENTS and necessary for proper execution of the Work. The Work shall be executed in conformity therewith and the Contractor shall do no work without such prior approval. Within fourteen(14)days of approval of such drawings or items the Contractor shall prepare a schedule of work, and submit it for CVS' approval. Such schedule of work shall indicate the dates for starting and completing the various stages of construction and shall be signed by parties and subject to the term hereof. ARTICLE 8. WARRANTY The Contractor warrants CVS that materials and equipment furnished under this Contract will be of good quality and new unless otherwise required or permitted by the CONTRACT DOCUMENTS; that the Work will be free from defects not inherent in the quality required or permitted; and that the Work will conform with the requirements of the CONTRACT DOCUMENTS. Work not conforming to these requirements, including substitutions not properly approved and authorized, may be considered defective. The Contractor's warranty excludes remedy for damage or defect caused by abuse or modifications not executed by the Contractor, improper or insufficient maintenance, improper operation, or normal wear and tear under normal usage. All manufactured materials and equipment shall be applied, installed, connected, erected, used, cleaned and conditioned as directed by the manufacturer. All manufacturer's warranties for materials and equipment are hereby assigned to CVS, and Contractor shall executed whatever documents that may be required in the future to confmn such assignment. Within fourteen (14) days of receipt of written instructions from CVS, Contractor will correct all faults, deficiencies or defects in the Work and remedy all variations from the CONTRACT DOCUMENTS which appear within one (1) year after Substantial Completion and also comply with the terms of any special guarantees or warranties provided in the CONTRACT DOCUMENTS. The warranties and guarantees provided in this Article shall be in addition to and not a limitation of any other remedies provided by the CONTRACT DOCUMENTS, this Contract, or by law. If the Contractor, after notice, fails to proceed promptly to comply with Contract over$50,000.dot 11/10/97 3 L CVS CONSTRUCTION AGREEMENT the terms of this warranty, CVS may have the Work corrected and the Contractor and his surety will be liable for all expenses incurred. ARTICLE 9. OWNERSHIP OF DRAWINGS All Drawings, Specifications and copies thereof furnished by CVS shall remain CVS property. They are not to be used by the Contractor on any other work, and, with the exception of the signed Contract set, are to be returned to CVS,at the completion of the Work. ARTICLE 10. PAYMENT AND PERFORMANCE BONDS (if requested) Contractor shall, prior to the signing of the Contract, furnish to CVS Payment and Performance Bonds written by a Surety acceptable to CVS for one hundred(100%)percent of the Contract Sum indicated in Article 4 covering the faithful performance of the Contract and the payment of all obligations arising hereunder. Such bond shall be in such reasonable form as CVS may prescribe. ARTICLE 11. MATERIALS,APPLIANCES, EMPLOYEES Unless otherwise stipulated, in all events, the Contractor shall provide and pay for all materials, labor, water, tools, equipment, light, power, heat, construction equipment and machinery, utilities, transportation and other facilities and incidentals necessary for the proper execution and completion of the Work. The Contractor shall at all times enforce strict discipline and good order among his employees, and shall not employ on the project any unfit person or anyone not skilled in the Work assigned to him. The Contractor agrees to resolve any and all labor disputes on work stoppages within three (3)days of the occurrence, after which time CVS shall have the right to take whatever action is necessary to resolve same, and deduct the costs incurred by CVS from the Contract Sum. The Contractor shall be responsible to CVS for the acts and omissions of the Contractor's employees, subcontractors and their agents and employees, and any other persons performing any of the Work under a contract with Contractor. The Contractor shall furnish to CVS in writing the names of the person or entities (including those who are to furnish materials or equipment fabricated to a special design)proposed for each of the principal portions of the Work prior to commencing the Work. CVS will promptly reply to the Contractor in writing of any reasonable objection to any such proposed person or entity, and thereafter, Contractor shall replace the objectionable subcontractor. Failure of CVS to reply promptly shall constitute notice of no reasonable objection. The failure of CVS to object to a subcontractor shall not constitute any waiver of rights that it may have against such subcontractor or the Contractor in the event such subcontractor fails to perform as required by this Contract. ARTICLE 12. PERMITS,LAWS, TAXES AND REGULATIONS All permits and licenses necessary for the prosecution of the Work shall be secured and paid for by the Contractor, unless otherwise specified. All easements for permanent structures or permanent changes in existing Contract over$50,000.dot 11/10/97 4 i � E cVS CONSTRUCTION AGREEMENT facilities shall be secured and paid for by CVS, unless otherwise specified herein. In the event the Contractor becomes aware of any required easements for permanent structures or permanent changes in existing facilities, Contractor will make CVS aware of same in writing. The Contractor shall give all notices and comply with all laws, ordinances, rules and regulations bearing on the conduct of the Work as drawn and specified. If the Contractor observes or becomes aware that the Drawings and Specifications, or any other part of the CONTRACT DOCUMENTS, are at variance therewith,he shall promptly notify CVS in writing and any necessary adjustments shall be made as provided in Article 20 hereof. If the Contractor performs any work contrary to such laws, ordinances, rules and regulations, and without such notice to CVS, he shall bear all costs arising therefrom and Contractor hereby agrees to fully indemnify and hold CVS harmless for any costs it incurs, including reasonable attorneys' fees, as the result of Contractor's actions in this regard. Whenever the applicable state law or other requires a sales consumer, use or other similar tax the Pp q , Contractor shall pay such tax. The Contractor warrants and represents that it and all the subcontractors are and shall be fully licensed by the appropriate governmental authorities to perform the Work and otherwise fulfill their obligations hereunder. ARTICLE 13. CONTRACTOR'S SUPERINTENDENCE AND SUPERVISION The Contractor shall keep on the Work, during its progress, a competent superintendent and any necessary assistants. The superintendent shall represent the Contractor in his absence and all directions given to him shall be binding as if given to the Contractor. The Contractor shall give efficient supervision to work, using his best skill and attention. He shall carefully study and compare all Drawings, Specifications and other instructions and shall at once report to CVS any error, inconsistency or omission which he may discover. ARTICLE 14. USE OF PREMISES The Contractor shall confine his apparatus,the storage of materials and the operations of his workers and the subcontractors to the limits indicated by law, ordinances, permits or by the direction of CVS or the owner or developer of the property, and shall not unreasonably encumber the premises with his materials, or create risk of injury to persons or property therewith. ARTICLE 15. PROTECTION OF WORK AND PROPERTY The Contractor shall continuously and without interruption maintain adequate protection of all the Work from damage, including damage caused by adverse weather conditions, and shall protect CVS' premises and property from injury or loss arising in connection with the Contract. He shall be solely responsible and liable for any such damage, injury or loss, except such as may be directly caused by agents or employees of CVS. The Contractor agrees to adequately protect adjacent property from any damage associated with or otherwise caused by the Work. In the event purchases of CVS are delivered to the property, Contractor shall accept these deliveries and notate "not inspected for concealed damage" on the delivery receipt. All such receipts shall be forwarded to CVS' Project Manager, as soon as possible. Contract over$50,000.dot 11/10/97 5 CVS CONSTRUCTION AGREEMENT the Contractor's failure to so indemnify CVS, then said costs and expenses shall be deducted from the Contract Sum from the next payment due on account thereof ARTICLE 18. INSPECTION CVS and any persons authorized by CVS shall at all reasonable times have access to the building and property on which the premises are located and may inspect the Work at all reasonable times during its progress and the Contractor shall provide sufficient and safe facilities for such inspection. ARTICLE 19. CLEANING UP The Contractor shall at all times keep the premises and property on which the premises are located free from accumulation of waste materials or rubbish caused by his employees or work, and at the completion of the Work, he shall remove all his rubbish from and about the building and property and all his tools, scaffolding and surplus materials and shall leave his work "broom clean" or its equivalent, unless more exactly specified. If the Contractor shall fail to so do, then CVS may remove said rubbish and/or materials and charge the cost of such removal to the Contractor and deduct same from the Contract Sum. ARTICLE 20. CHANGES IN THE WORK Except as herein provided, no changes shall be made in the scope of the Work to be performed under the terms of this Contract; the Contract Sum; or,the Contract Time. CVS however,without invalidating the Contract, may order extra work or make changes by altering, adding to or deducting from the Work,with the Contract Sum being adjusted accordingly. Any such changes in the Work shall be effected by a prior, written Change Order signed by both CVS and the Contractor. All such work shall be executed under the conditions of the original Contract except that any claim for extension of time caused thereby shall be adjusted at the time of ordering such change and reflected on the associated Change Order. The value of the additional cost or credit to CVS for any such Change Order shall be determined prior to execution of same in one of the following manners: a) By mutual acceptance of a lump sum properly itemized and supported by sufficient substantiating data to permit evaluation; b) By unit prices stated in the CONTRACT DOCUMENTS or subsequently agreed upon; C) By cost to be determined in a manner agreed upon by the parties and a mutually acceptable fixed or percentage fee agreed upon at the time the Contract is signed. The Contract Sum and all time requirements under this Contract may only be changed by a written Change Order. ARTICLE 21. DELAYS AND EXTENSION OF TIME If the Contractor is delayed at any time in the progress of the Work by any act of neglect of CVS or by a Change Order or by labor disputes, fire, unusual delay in transportation, unavoidable casualties or any other Contract over$50,000.dot 11/10/97 7 i CVS CONSTRUCTION AGREEMENT causes beyond the Contractor's reasonable control, then the time of completion shall be extended, for a period of time agreed to by written Change Order by CVS and Contractor. In the event the parties cannot agree on the change of time as aforesaid, then they shall submit the issue to the architect of the Work and the decision of the architect shall be binding upon the parties. Nothing in this Article shall be deemed to exclude the recovery of damages by CVS against Contractor for avoidable delay incurred as the result of Contractor's actions or inactions, under other provisions of this Contract. Further,in the event the Contractor is delayed in the prosecution of its work by an act, omission,neglect or default of CVS, the Contractor agrees to make no claim for damages for delay in the performance of this Contract, and that any such claim shall be fully compensated for by and extension of time to complete the performance. ARTICLE 22. CORRECTION OF WORK BEFORE SUBSTANTIAL COMPLETION The Contractor shall promptly remove from the premise all work condemned by CVS as failing to conform to the Contract, whether incorporated or not, and the Contractor shall promptly replace and re-execute his own work in accordance with the Contract and without expense to CVS and shall bear the expense of making good all work of other contractors destroyed or damaged by such removal or replacement. If the Contractor does not remove such condemned work within a reasonable time, fixed by written notice, CVS may remove it and may store the material at the expense of the Contractor. If the Contractor does not pay the expenses of such removal and storage within ten (10) days after receipt of written notice, CVS may, upon an additional ten (10) days written notice, sell such materials at auction or at a private sale and shall account to Contractor for the net proceeds thereof, after deducting all the costs and expenses of CVS in regard to such removal, storage and sale. If CVS prefers to accept defective or non-conforming work, CVS may do so instead of requiring its removal and correction, in which case a Change Order will be issued to reflect a reduction in the Contract Sum where appropriate and equitable. Such adjustment shall be effected whether or not Final Payment has been made. ARTICLE 23. CORRECTION OF WORK AFTER SUBSTANTIAL COMPLETION The Contractor shall remedy with all due diligence any defects due to faulty materials or workmanship and pay for any damage to other work resulting therefrom, which shall appear within a period of one (1) year from the date of Substantial Completion. The Contractor shall also adhere to and enforce any special guaranties provided in accordance with this Contract. Generally, the Contractor shall promptly correct all Work that is defective or has failed to conform to the CONTRACT DOCUMENTS, whether observed before or after Substantial Completion and whether or not fabricated, installed or completed. The Contractor shall bear all costs of correcting such rejected work, including compensation for any architectural or design third party services made necessary thereby. ARTICLE 24. RIGHT TO DO WORK BY CVS If the Contractor should neglect to prosecute the Work properly or fail to perform any provision of the Contract, CVS, after five (S) days written notice to the Contractor may, without prejudice to any other remedy that may exist, correct any such deficiencies and may deduct the cost thereof from the payment then or thereafter due to the Contractor. Contract over$50,000.dot 11/10/97 8 CVS CONSTRUCTION AGREEMENT ARTICLE 25. PAYMENTS WITHHELD CVS may, upon written notice to the Contractor,withhold payments due the Contractor hereunder, as may be necessary to protect CVS from loss on account of: a. Defective work not remedied. NOTE: Any items on detailed on a punch list executed b the Contractor and CVS on or about the time of Substantial Completion will be Y p withheld at twice the value of such items. b. Claims filed or reasonable evidence indicating probable filing of claims. These should be third parry claims filed or reasonable evidence indicating probable filing of such claims. C. Failure of the Contractor to make payments properly to subcontractors or for material or labor or equipment. d. Reasonable evidence that the Work cannot be completed for the unpaid balance of the Contract Sum. e. Damage to CVS, or to any third parry, for which CVS may be liable. f. Reasonable evidence that the Work will not be completed within the Contract time provided in Article 3 hereof. g. Persistent failure to carry out the Work in accordance with the CONTRACT DOCUMENTS. When the above circumstances are resolved to the satisfaction of CVS, CVS shall make payment to the Contractor of the balance due on the Contract Sum according to the terms and provisions contained herein. ARTICLE 26. CVS'RIGHT TO TERMINATE CONTRACT If the Contractor should be adjudged a bankrupt, or if he should make a general assignment for the benefit of his creditors, or if a receiver should be appointed on account of his insolvency, or if he should persistently or repeatedly refuse or should fail, except in cases for which extension of time is provided, to supply enough properly skilled workers or proper materials,or if he should fail to make prompt payment for materials or labor or persistently disregard laws, ordinances, or the instructions of CVS, or should he allow any disruption of the Work or the operation of CVS as a result of any labor dispute or work stoppage or otherwise be guilty of a substantial violation of any provision of the Contract, or should his actions or failure to make any payments or disbursements on a timely basis result in the filing of a lien or other encumbrance on the premises or on any other property of CVS, which is not removed or bonded within ten (10) days after notice to Contractor by CVS, then CVS, may, without prejudice to any other right or remedy, terminate the employment of the Contractor and take possession of the property and premises and of all materials, tools and appliances thereon and finish the Work by whatever method CVS may deem expedient. In such case, the Contractor shall not be entitled to receive any further payment until the Work is fully finished. If the unpaid balance of the Contract Sum shall exceed the expense of finishing the Work including compensation for additional architectural, legal, managerial and administrative Contract over$50,000.dot 11/10/97 9 CVS CONSTRUCTION AGREEMENT services, such excess shall be paid to the Contractor. If such expense shall exceed such unpaid balance, the Contractor shall pay within ten(10)days of demand for payment the difference to CVS. The remedy of termination herein provided shall not be exclusive and shall not preclude CVS from pursuing any other remedies it may have at law or in equity. ARTICLE 27. THE CONTRACTOR'S RIGHT TO STOP WORK OR TERMINATE THE CONTRACT If the Work should be stopped under an order of any court, or other public authority, for a period of thirty (30) days,through no act or fault of the Contractor or of anyone employed by him,then the Contractor may,upon ten(10) days written notice to CVS,terminate the Contract and recover from CVS payment for all work executed and any detailed and proven actual loss sustained upon any materials, equipment, tools, construction equipment and machinery. ARTICLE 28. CONTRACTOR'S LIABILITY INSURANCE The Contractor shall maintain such insurance as will protect him from claims under the applicable Worker's Compensation Act and other employee benefits laws; from claims for damages because of bodily injury, including death, to his employees and all other persons; and from claims for damages to property any or all of which may arise out of or result from the Contractor's operations under the Contract, or the operation of any subcontractor, whether such operations be by himself or by either of them. This insurance shall be written for not . less than$3,000,000.00 for personal injury and $1,000,000.00 for property damage, and will provide the standard "builder's risk" coverage. The insurance required by this paragraph shall also include contract liability insurance applicable to Contractor's obligations under Article 17 hereof. Prior to beginning the Work Contractor shall deliver to CVS such a Certificate of Insurance naming CVS as an "additional" insured. All such insurance shall contain a provision requiring the insurer to notify CVS in writing, thirty (30) days prior to any modification or cancellation, of any such policy. If Contractor fails to maintain such insurance at any time this Contract is effect, CVS may, following reasonable notice to Contractor, obtain such insurance and the cost thereof shall be charged to Contractor. If CVS is damaged by the failure of Contractor to maintain or cause to be maintained such insurance,then CVS may recover such damages from Contractor. ARTICLE 29. OWNER'S LIABILITY INSURANCE CVS may, at its option, maintain such insurance as will protect the company from contingent liability to others because of bodily injury, including death, and any other liability for damages, which may arise from Contractor's operations under the Contract, and which the Contractor is required to insure under the provisions of this Contract. ARTICLE 30. PROPERTY INSURANCE CVS shall maintain or cause to be maintained property insurance,which coverage shall insure against the perils of fire and extended coverage upon the entire structure on which the Work of the Contract is to be done to at least eighty (80%) percent of the reasonable replacement value thereof, including items of labor and materials connected therewith whether in or adjacent to the structure insured,materials in place or to be used as part of the permanent construction including surplus materials, shanties, protective fences, temporary structures, scaffoldings, stagings, and equipment which is not owned or rented by the Contractor. Contract over$50,000.dot 11/10/97 10 CVS CONSTRUCTION AGREEMENT EXCLUSIONS: Such insurance shall not cover any tools owned by mechanics, any tools, equipment, scaffolding or staging, owned or rented by the Contractor, the capital value of which is not included in the cost of the Work, or any structures erected for housing or feeding the workers. The loss, if any, is to be made adjustable with and payable to CVS as Trustee for the insureds and the Contractor and subcontractors as their interests may appear, except in such cases as may require payment of all or a proportion of said insurance to be made payable to the owner or mortgagee as their interests may appear ARTICLE 31. DAMAGES Should either party to the Contract suffer damages because of any wrongful act or neglect of the other party or of anyone employed by said party, a claim therefor shall be made in writing to the party liable within a reasonable time of the first observance of such damage but in no event later than the Final Payment, except as expressly stipulated otherwise in the case of faulty work or materials, and shall be adjusted by agreement or arbitration as outlined herein. ARTICLE 32. ASSIGNMENT The Contractor shall not have the right to assign this Contract in any manner whatsoever without the prior written consent of CVS, nor shall the Contractor assign any moneys due to become due to the Contractor hereunder, without the prior written consent of CVS. ARTICLE 33. SEPARATE CONTRACTS CVS reserves the right to perform work related to the project with its own forces and to award separate contracts in connection with other portions of the project or other work on the site. If the Contractor claims that delay or additional cost is involved because of such action by CVS, it shall make such claim as provided elsewhere in the Contract. The Contractor shall afford CVS and separate contractors reasonable opportunity for the introduction and storage of their materials or equipment and the execution of their work, and shall connect and coordinate its Work with theirs as required by the CONTRACT DOCUMENTS. Should the Contractor wrongfully cause damage to the work or property of CVS or to other work on the site, the Contractor shall be liable for all such damages and shall either remedy same, or the Contract Sum may be reduced in the amount of such damages as CVS may determine. ARTICLE 34. ARBITRATION Any controversy or claim arising out of or related to the Contract, or the breach thereof, shall be settled by arbitration in accordance with the construction industry arbitration rules of the American Arbitration Association, and judgment upon the award rendered by the arbitrator or arbitrators may be entered in any court having jurisdiction thereof. The award rendered by the arbitrator or arbitrators shall be final and binding upon the parties. Unless otherwise agreed in writing by the parties, the Contractor shall proceed diligently with performance of the Contact and CVS shall continue to make payments in accordance with the CONTACT DOCUMENTS during the pendency of any arbitration claim/proceeding. Contract over$50,000.dot 11/10/97 11 CVS CONSTRUCTION AGREEMENT Notice of the demand for arbitration of a dispute shall be filed in writing with the other parry to the Contract. The demand for arbitration shall be made within a reasonable time after the dispute has risen; in no case, however, shall the demand be made later than the time of Final Payment, except as otherwise expressly stipulated in the Contract. The arbitrators, if they deem that the case requires it, are authorized to award to the parry whose contention is sustained, such sums as they or majority of them shall deem proper to compensate such party for the time and expense incident to the proceeding and, if the arbitration was demanded without reasonable cause, they may also award damages for delay and reasonable attorney's fees. The arbitrators shall fix their own compensation, unless otherwise provided by agreement, and shall assess the costs and charges of the proceedings upon either or both parties. ARTICLE 35. GOVERNING LAW The Contract shall be governed by the law of the state in which the Work is being performed. ARTICLE 36. SUCCESSORS AND ASSIGNS CVS and the Contractor each bind themself,their partners, successors, assigns and legal representatives to the other party hereto and to the partners, successors, assigns and legal representative of such other party in respect to all covenants, agreements and obligations contained in this Contract. However, nothing contained in this Article 36, shall be construed as a waiver of the restrictions provided in Article 32 hereof. ARTICLE 37. WAIVER No waiver shall be effective if not in writing and signed by each party. Failure of either party to insist in one or more instances upon the performance of any of the agreements and conditions of this Contract, or to exercise any right or privilege herein contained shall not be deemed a waiver of any such condition, right or privilege. ARTICLE 3 8. NOTICES Notice shall be deemed to have been duly served if sent Certified Mail, Return Receipt Requested, first class, postage prepaid, by facsimile or by overnight courier service provided a receipt is provided to CVS, Inc., c/o Director of Construction, One CVS Drive, Woonsocket, Rhode Island 02895, or to Contractor at the address on Page 1 to the attention of. Timothy R. Boisvert. ARTICLE 39. ENTIRETY This Contract contains the entire agreement between the parties hereto and is intended to be an integration of all prior agreements, conditions or undertakings between the parties hereto. Except as expressly set forth herein, there are no promises, agreements, conditions, undertakings, warranties or representations, oral or written, expressed or implied,between CVS and Contractor. Contract over$50,000.dot 11/10/97 12 I CVS CONSTRUCTION AGREEMENT ARTICLE 40. AFFIRMATIVE ACTION CVS is an equal employment opportunity employer and is a federal contractor. Consequently, the parties agree that they will comply with Executive Order 11246,the Vietnam Era Veterans' Readjustment Assistance Act of 1974 and the Vocational Rehabilitation Act of 1973, if applicable, and also that these laws are incorporated herein by this reference. The parties also agree that they will not discriminate against any employee or applicant for employment because of race, color, religion, sex, national origin, age, or any other characteristic protected by federal, state or local law. ARTICLE 41. COUNTERPARTS This Contract may be executed in two or more counterparts, each of which will be deemed an original, but all of which together shall constitute one and the same instrument. This Contract is executed as of the day and year first written above. CONTRACTOR CVS: TRB Development Group,Inc. CVS, INC. 36 Londonderry Turnpike ONE CVS DRIVE Hoof,NH O3"6 WOONSOCKET, RI 02895 BY: Dater BY: Date: NAME: g. �.s v��?- , NAME: Steue Hehda TITLE: TITLE : Director of C onstniction I Contract over$50,000.dot 11/10/97 13 i