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HomeMy WebLinkAboutBuilding Permit #470 - 12 FARNUM STREET 3/4/2009 BUILDING PERMIT p►ORTIi?o�tAOR TOWN OF NORTH ANDOVER APPLICATION FOR PLAN EXAMINATION 70 Permit NO: Date Received �° o a L 41 �9SSA � Date Issued: CHUS��� MPORTANT:Applicant must complete all items on this page LOCATION' .E � rSc �' hv,Wt V`e Print sa PROPERTY7OW-NER .nnt 'MAP NO: � � PARCEL: � .ZONINGDISTRICT,�" Hi�storic�Dis�trict '� � yes ° � no .. _ _. .b � Machine Sop..Vr�age s no TYPE OF IMPROVEMENT PROPOSED USE Residential Non- Residential New Buildingne famil Two or more family Industrial- Iteration No. of units: Commercial Repair, replacement Assessory Bldg Others: Demolition Other =, , Sepic',� `Vllell Floodplain r � Wetlands ` Watershed District" , r/Sewar` m. DESCRIPTION OF WORK TO BE PREFORMED: ema PA r� ,1 �I��r e Identi iation Please Type or Print Clearly) OWNER: Name: 7,0Sl�QG. c Phone-: 'J�-L Address: ��- �YAuv)-, 4:��ef. CONTRACT©RName: j e ;fli Cox .Phone Address: Supervisors'Constructiori�L�ceri`se,, x,g3 t Exp Date- �, F tb Horne Improvemon# License: x` Ex Dale.:------------ 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: $ C7 , D t--U FEE: $ ��_*'� .Check No.: 1 Receipt No.: NOTE: Persons contracting with re ist contractors do not have access tot a guarantyfund ofAgent/Ownerg ,w rm: Signature of contr-actor Location1,41 No. v Date 40RTh TOWN OF NORTH ANDOVER ` Certificate of Occupancy $ 'SswcMusE`� Building/Frame Permit Fee $ Foundation Permit Fee $ N;i Other Permit Fee $ TOTAL $ Check # 15 2 5 Building Inspector Plans Submitted Plans Waived Certified Plot Plan Stamped Plans TYPE OF SEWERAGE DISPOSAL Public Sewer Tanning/Mas-sage/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 & Sewer Connection/Signature & Date Driveway Permit DPW Town Engineer: Signature: o. Located 384 Osgood Street FIRE`DEPAR ENT' -Temp aDur p�ster on.zsite� yes „ no Locatedat .24`Main'Street f Fire epartment signature/date- .. r r ::COMMENTS ,11 a �r 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 y NOTES and DATA For department use) i ❑ 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 o 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 o 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 Safety Insurance Form of Notice of Casualty Loss to Building Under MASS. GEN. LAWS, Ch. 139, Sec. 3B To: Building Commissioner or Board of Health or Inspector of Buildings Board of Selectman City Hall City Hall NORTH ANDOVER, MA 01845 NORTH ANDOVER, MA 01845 RE: Insured: KEVIN M ROBINSON Property Address: 27 FARRWOOD AVENUE #7, NORTH ANDOVER, MA _ Policy Number: HMA 0127969 Claim Number: BOS00022833 Date of Loss: 8/28/2011 Company: Safety Insurance Company Claim has been made involving loss, damage or destruction of the above-captioned property, which may either exceed $1,000.00 or cause Mass. Gen. Laws, Chapter 143, Section 6 to be applicable. If any notice under Mass. Gen. Laws, Chapter 139, Section 3B is appropriate, please direct it to the attention of the writer and include a reference to the captioned insured, location, policy number, date of loss and claim number. Allan Leavitt Claim Examiner 9/7/2011 Safety Insurance Company Homeowners Claims Unit P. O. Box 55098 Boston, MA 02205-5098 Phone: (617) 951-0600_ EXT 3213 Fax: (617) 531-8891 Email: AllanLeavitt@Safetylnsurance.com s.� The Commonwealth Of Massachusetts l Department o Ind f ustrialAccidentc Off'cc of Investigatio ns 600 Washington Street Boston, MA 02111 Workers' Compensation Insurance.Afficlav wild Ate Hcarnt Info.rtaation eI rs/Contractors/Electricians/Piumbers Please. Print Leaibiv. Name (Business/Organization/in dividual): �-e 2 �gV�F�(jn Address: City/State/Zip: 4hc\cx,, r. f-1/� ��6 Phone Are,you an employer?Check the appropriate box: I. I am a employer with 4. ❑ I am a a Type of project(required): employees Rill and/or-part-time). A general contractor and I ( p ) have hired the sub-contractors 6 ❑ New construction ❑ I am a sole proprietor or partner- listed on the attached sheet I7. [Remodeling ship and have no employees These sub-contractors have working for me in any capacity. workers' comp. insurance, 8. ❑ Demolition [No workers' comp. insurance �..[] We are a corporation and its 9. ❑ Building addition 3•❑ required.] officers have exercised.their ]0:[] Electrical repairs or additions 1 am a homeowner doing all work right of exemption per MGL 1 I.L] P}utnbinQ repairs or a myself. [No.workers' comp. c. 152 additions insurance required,] t > §1•(4), and we have no 12: q ] employees. [No.workers' ❑ Roof repairs comp, insurance required_) 13-[1 Other t Finn copwner t lac.submit.th a„d�t illdicari u;,ee;section below showing their workers'compertsaiion policy inromsation. 'Contractors Thal checF this bo musi - _ ` ng he, cii�r ilii c¢t;iae contrru lois”"L submi'a nnw am, ; attached an additional sheet showing �xv.i indicating,;,cn. the name of ti e s r_ccrtractors and their worker'comp, o3i iniemsa,�or,. I am an employer than is providing workers'eo enation p•p c) { information \ assurance for tM'employees. Below is the poficy and job site Insurance Company Name: C`M,�1V_ Policy#or Self-.ins. Lic. Expiration Date: C e .lob Site Address: krZ)- ":a(nim City/State/Zip: Attach a copy of the workers' compensation poiicy declaration page(showing the policy number and expiration date). Failure to secure coverage as required under Section 25A of MGL c. 152 can lead to the imposition of criminal penalties of a fine up to $1.500.00 and/or one-year imprisonment as well as civil penalties in the form of a of up to 5250.00 a aay against the violator. STOP WORK Be advised that a copy of this statement may RR ORDER and a fine Investigations of the DIA for insurance coverage verification. } be iorward:d to the Office of Ido hereby,ce nder th af►zc and penalties o er u � rJ tial the information provided above is true and correct S i--nature. 4 U , \�11! Date: 3 r - Phone#,: � � . Offecial use only. Do not write in this area, to be completed by city or town ociaL City or Town: Permit/License 4 Issuing Authority(circle one 1. Board of Hearth 2. Building Department 3. City/Tovvn Clerk 4. Electrical inspector S. Plumbing fi. Other t, Inspector Contact Person: Phone Information and Instructions Massachusetts General Laws chapter 152 requires all employers to provide workers' compensation for their employees. Pursuant to this statute,an employee is defined.as"..every person in the service of another under any contract of hire, express or implied, oral or written." An employer is defined as"an individual,partnership,association, corporation or other legal entity;or any two or more of the foregoing engaged in a joint enterprise,and includi-n.g the legal representatives of a deceased employer,or the receiver or trustee of an individual,partnership, association or other legal entity,employing employees. However the owner of a dwelling house having not more than three ap artments and who resides therein, or the occupant of the dwelling house of another who employs persons to do maint-nance,construction or repair work on such dwelling house or on the grounds or building appurtenant thereto shall not because of such em -employment be deemed to be an employer." MGL chapter 152, §25C(6)also states that"every state o r local licensing agency shall withhold the issuance or renewal of a license or permitto operate a business or to construct buildings in the commonwealth froran} applicant who has not produced acceptable evidence o,f compliance with the insurance coverage required." Additionally, MGL chapter 152, §25C(7) states"Neither the commonwealth nor any of its political subdivisions shall enter into any contract for the performance of public work until acceptable� � dAnce of compance with the insurance requirements of this chapter have been presented to the contracting authority.". Applicants Please fill out the workers' compensation affidavit compj-etely,by checking the boxes that apply to,your situation and, if necessary,supply sub-contractors)name(s), address(es) and phone number(s)along with their certificates)of insurance. Limited Liability Companies(LLC) or Limited Liability Partnerships(LLP)with no employees other,than the members or.partners,are not required to carry workers'compensation insurance. If an LLC-or LLP does have_. employees, a policy is required_ Be advised.that this afficla.vit maybe submitted to.the Department of Industrial Accidents for confirmation of insurance coverage. Also be sure to siert and date the.affidavit, The,affidavit should be returned to the city or town that the application for the permit or license is being requested,not the Department of Industrial Accidents. Should you have any questions regi rdirg the lau, or if you are required to obtain a workers' compensation policy,please call the Department at the nmrnber:listed below. Self-insured compmues should enter their self-insurance license number on the appropriate line. City or Town Officials Please be sire that the affidavit is complete and printed leQibiy. The Department has provided a space at the bottom of the affidavit for you to fill out in the event the Office of Investigations has to contact you regarding the applicant: Please be sure to fill in the permitliicerrse number which will be used as a reference number. In add'iti'on,an applicant that must submit multiple pennit/iicense applications in arty given year,need only submit one affidavit indicating current policy information(if necessary)and under"Job Site Address"the applicant should write"all locations in (city or town)." A copy of the affidavit that has been officially stamped or marked by the city or town may be provided to the applicant as proof that a valid affidavit is on file for future permits or Iicenses. A new affidavit must be filled out each year. Mrhf,-re a home owner or citizen is obtaining a licenses or permit not related to any business or commercial venture (i.e. a dog license or permit to burn leaves etc.)said person is NOT required to complete this affidavit. The Office of investigations would like to thank you in advance for your coop.,anon and should you have any questions, please do not hesitate to give us a call. The Department's address,telephone and las: number: The Commonwealth of Massachusetts Department Of Industrial Accidents. Office of Investigations 600 Washingtua Street Boston; MA 62111 T51. 4 617-727-1900 e= 406 or 1-977-MASSAFE Revised 5-2645 Fax 4 617-7 2 7-7749 N&WAMass.govldia l ACORD CERTIFICATE OF LIABILITY INSURANCE DATEtMM/2008 ' �"'—TM. 0311812008 PRODUCER Phone: (978)475-0400 Fax: (978)475.2171 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION THE HOWE INSURANCE AGENCY ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE 4 PUNCHARD AVE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ANDOVER MA 01810 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. INSURERS AFFORDING COVERAGE NAIC# INSURED INSURERA: National Gr"496ryMutuai RED APPLE RENOVATIONS INC INSURER B: Granite Staa lnsuragIhn ,Company 32 WASHINGTON AVENUE ANDOVER MA 01810 INSURER C: Commerce Insuralce4Co t INSURER D: Commerce Insurances ' COVERAGES INSURER E: .„' THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR ADD' TYPE OF INSURANCE POLICY EFFECTIVE POLICY EXPIRATION LTR INSR POLICY NUMBER DATE MMIDD DAT MMIDD LIMITS GENERAL LIABILITY MPS76268 03/25/0$ 03/25/09 EACH OCCURRENCE1. $ 1,000,00( X COMMERCIAL GENERAL LIABILITY DAMAGE TO RENTED PREMISES(Ea occu .) $ 500,00( CLAIMS MADE OCCUR MED.EXP(Any one person) $ 10,00( A PERSONAL&ADV INJURY $ 1,000,00( GENERAL AGGREGATE $ 2,000,00( GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OP AGG. $ POLICY PROECT• LOC 2'000'00( AUTOMOBILE LIABILITY MMHHH724 10/13/07 10/13/08 COMBINED SINGLE LIMIT ANY AUTO (Ea accident) $ 250,00( ALL OWNED AUTOS BODILY INJURY X SCHEDULED AUTOS (Per person) $ 250,00( D X HIRED AUTOS BODILY INJURY X NON-OWNED AUTOS (Per accident) $ 500,000 PROPERTY DAMAGE $ 100,000 (Per accident) GARAGE LIABILITY AUTO ONLY-EA ACCIDENT $ ANY AUTO OTHER THAN EA ACC $ AUTO ONLY: AGG $ EXCESS/UMBRELLA LIABILITY EACH OCCURRENCE $ OCCUR ❑CLAIMS MADE AGGREGATE $ $ DEDUCTIBLE $ RETENTION$ $ WORKERS COMPENSATION AND I WC STATU- OTHER EMPLOYERS'LIABILITY WC8746188 . 06/08/07 06/08/08 TORY LIMITS B ANY PROPRIETORIPARTNERIEXECUTIVE E.L.EACH ACCIDENT $ 100,000 OFFICERIMEMBER EXCLUDED? If yea,describe antler E.L.DISEASE-EA EMPLOYEE $ 100,000 SPECIAL PROVISIONS below E.L.DISEASE-POLICY LIMIT $ SOO,000 OTHER: DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS CERTIFICATE HOLDER' CANCELLATION SERVICEMAGIC INC SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE 14023 DENVER WEST PARKWAY EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 10 DAYS BUILDING 64 SUITE ZOO WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, GOLDEN,CO 80401 ITS AGENTS OR REPRESENTATIVES. AUTHORIZED REPRESENTATIVE Attention: 866-280-9621 Christine J.Grange ACORD 26(2001/08) Certificate# 4208 ©ACORD CORPORATION 1988 KIM APPLE RENOVATIONS Construction Contract This construction contract (the "Contract"), dated �� �� �'f'� is by and between the following homeowner(s) and contractor: Homeowner(s): Mr. and Mrs. Yaroslavksy Property address 12 Farnum Street City, State, Zip North Andover, MA 01845 Contractor: Red Apple Renovations, Inc., Representative: Chris Matey, President Street 9 Bartlet Street, #332 Andover, MA 01810 Telephone 978.409.1293 Federal Identification Number: 56-2309042 Massachusetts License Numbers: Construction Supervisor CS 083511 Home Improvement 138132 1. GENERAL In consideration of the mutual promises contained herein, Contractor agrees to perform the following work: furnish all labor, materials, tools, equipment, and supervision to construct or renovate the Homeowner's residence according to this Contract and the following documents (collectively with this Contract, the "Contract Documents"). The project is generally described as Remodel Master Bathroom (the -Project"). The Contract consists.of this document, Exhibit I - General Conditions, and Exhibit II - the Project. Change orders and modifications shall be in writing and shall become part of this Contract. 2. PRICE The total projected price for the work agreed upon is $17,250. Payment terms are set out below in Paragraph 6. ! 3. STARTING AND SUBSTANTIAL O P TION PROVESIONS The work will begin on or bout �� G/ �G,� , The work will be substantially completed on or about 0 G% L7C7; , This project, once construction starts, is 1 ` r estimated to take -'hr to complete (exclusive of any punch list items). This time estimate, as well as the projected start date, is dependent upon some or all of the following variables: • Weather • Delays in the availability of materials required for the project. • Condition of materials once delivered to worksite. • Unforeseen conditions arising in the course of the project • Other delays as outlined in Section 3 Exhibit I of the contract. 4. SPECIFIC REQUIREMENTS FOR MATERIALS AND WORKMANSHIP a. This Contract will be completed by the Contractor In a good and workmanlike manner, using good quality materials. b. If applicable, the Contract price includes the allowances listed in the Contract Details Section. S. EXPIRATION OF THIS CONTRACT This Contract will expire thirty (30) days after the date first written above if not accepted in writing by Homeowner and returned to Contractor within that time. & PAYMENT a. Timely payment by the Homeowner of all sums due under this Contract is of the essence to this Contract. The parties agree to the following schedule of payments: 1. Initial payment: $5,500 (due at time of Contract signing). 2. Progress payments: The Homeowner will be billed weekly for the work completed through the end of that week. The deposit paid by the Homeowner will be applied to the final invoice. Demolition Complete 2,000 Rough Plumbing Complete 1,500 Shower Tile Completed 1,500 Wall Tile Completed 2,000 Finish Plumbing Completed 1,000 Painting Completed 2,000 3. Final payment: $1,750 Due at the completion of the project. The Contractor shall provide the Homeowner with his own waiver or cumulative subcontractors'waivers equal to the amount paid for any progress payment. b. The billing schedule is for the convenience of the homeowner and does not reflect the percentage of effort or actual work expended at the time of the payment. If for any reason the project should be discontinued during the construction ,rocess the client will be for the actual work ork completed to date. c. The Contractor may cease operations if the Homeowner as required herein does not make any progress payment, and proceed to collect any balance due with any legal al remedy. Alternatively, the Contractor may continue operations, as set forth in the attached. 7. SIGNATURE Attached hereto as EXHIBIT I are General Conditions governing the rights and obligations of thearties t p o this Contract. The parties are further subject to the laws of Massachusetts governing contracts and mechanics liens, and acknowledge the right of the e Contractor to 9 place a lien or security'interest on the property of the Homeowner. IN WITNESS WHEREOF, we have hereunto set our hands and seals this day of... 20 2 DO NOT SIGN THIS CONTRACT IF THERE ARE ANY BLANK SPACES i Homeowner(s) Contractor Homeowner(s) The Homeowner may cancel this Contract if it has been signed by the Homeowner at a place other than the office of the Contractor, provided that the Homeowner notifies the Contractor in writing at the Contractor's office by ordinary mail, telegram or personal delivery, not later than the midnight of the third business day following the signing of the Contract. See attached Notice of Cancellation for further explanation of this right. 3 i EXHIBIT I GENERAL CONDITIONS These General Conditions are part of the Contract between Mr. and Mrs. Yaroslaysky ("Homeowner") and Red Apple Renovations, Inc. ("Contractor") for work at 12 Farnum Street, North Andover, MA 01845, dated 7 I. CONTRACTOR'S DUTIES — GENERAL a. To direct and control the work contracted for in accordance with the terms of this Contract and all applicable codes, laws, and regulations, and as the building permits, if any, issued for this project require. b. To inspect the site, examine the plans and specifications, if any, and supervise all of Contractor's employees, and to direct the work of all subcontractors selected by Contractor. c. To maintain the work site in a safe and clean condition, to the extent consistent with the Contract. The worksite will be left in a "broom clean"condition. d. To advise the Homeowner promptly if concealed conditions are ascertained which require additional or different work, and to proceed in such event in accordance with this agreement. 2. HOMEOWNER'S DUTIES — GENERAL a. To provide adequate utilities for the work agreed upon. b. To advise the Contractor of any condition of the property which affects Contractor's ability to perform. c. To provide secure storage areas for materials delivered to the work site. d. To execute in a timely manner all permit applications and other documents necessary for the work to proceed. e. To perform no work on the project without a written agreement with the Contractor. f. To avoid interfering with workers. g. To make no agreements with any tradesperson, subcontractor, or Contractor's employee outside the scope of this Contract without the written consent of the Contractor. 3. DELAY Contractor shall not be responsible for delays caused by events beyond the control of the Contractor, including but not limited to: strikes, war, acts of God, riots, governmental regulations and restrictions. Delays caused by Homeowner's failure to make allowance materials' selections or caused by the performance by Contractor of additional or necessary work shall likewise be excusable delays. 4. PERMITS The contract will obtain the following permits: Town of North Andover Building Permit It is the obligation of the Contractor to secure such permits as the Homeowner's agent. Note: if the Homeowner secures its own permits or deals with unregistered contractors, the Homeowner is excluded from the Guaranty Fund provisions of MGL c. 142A. 5. PREFERRED VENDOR CLAUSE Except where expressly permitted, all material and fixtures will be purchased by Red Apple Renovations. This is done to ensure that all materials are of the highest quality 4 and that the vendors offer good customer support. If, for some reason, materials for the project are not purchased by Red Apple Renovations, the following conditions apply: a. Red Apple may at its discretion charge a handling fee to supervise the installation and coordination of these materials b. Any and all materials not purchased by Red Apple are excluded from the project warranty. 6. INSURANCE Contractor agrees to maintain all necessary forms of insurance to protect the Homeowner from liability for any occurrence arising from the performance of this Contract. Contractor agrees that he shall cover his own employees for worker's compensation and carry general liability, and that all forms of insurance carried hereunder shall be with reputable companies licensed to do business in this state. 7. HIDDEN, CONCEALED and UNFORESEEABLE CONDITIONS The parties agree that in the event Contractor discovers a condition requiring an extra cost that they shall proceed as follows: The Contractor shall notify the Homeowner verbally at once to expedite agreement as to the charge to correct or cure such condition, and provide a written estimate as soon as practicable. The parties must agree to such extra charges, or agree to a resolution method, or this Contract may be canceled by either of them. For purposes of this section, a "hidden, concealed and unforeseeable condition" shall mean a condition not readily observable to a prudent contractor inspecting the subject property for the purpose of performing this Contract. 8. WASTE REMOVAL CONTAINERS The project may require a dumpster to be located on the property. It is the owner's responsibility to provide a location and adequate access for a dumpster location. In some cases, a dumpster can damage the surface it is placed on. Dumpsters are generally placed on boards to minimize surface damage. Every effort is made to minimize any damage as a result of dumpster presence. The types of damage possible may include, but are not limited to, dead grass, gouges in the soil and scrapes or chips on asphalt or pavement. Unless expressly included in this contract, Red Apple is not responsible for the repair of this damage. 9. ADDITIONAL WORK Any additional work or materials desired by the Homeowner shall be agreed upon in writing and such extras shall,become a part of this Contract. Unless otherwise agreed, any additional work shall be paid for as performed. Failure of the Homeowner to sign a change order shall not preclude recovery for same by Contractor, and acceptance of said additional work or materials shall be presumed, unless there is written notice to the contrary. Contractor shall advise Homeowner at the time of agreement on any additional work as to any additional time required to perform this Contract. 10. TERMINATION and CANCELLATION Contractor shall have the right to stop all work on the project and keep the job idle if payments are not made to Contractor in accordance with the payment schedule set forth above, or if Homeowner repeatedly fails or refuses to furnish Contractor with access to the job site or product selections or information necessary for the advancement of the work. Simultaneous with stopping work on the project, Contractor shall give Homeowner written notice of the nature of Homeowner's default. If work is stopped due to any of the above reasons (or for any other material breach of .Contract by Homeowner) for a period of seven (7) days after notice, and the 5 Homeowner has failed to cure the default, then Contractor may, without prejudicing any . other remedies Contractor may have, give written notice of termination of the Contract to Homeowner and demand payment for all completed work and materials ordered through the date of work stoppage, and any other loss sustained by Contractor, including the balance of the Contract. Thereafter, Contractor is relieved from all other contractual duties. Upon such termination, the Contractor shall have all remedies provided by law, including such lien rights as then apply. The Homeowner may terminate this Contract upon the following conditions: a. Any other failure to perform this Contract required by the terms of this Contract. b. No termination shall be effective unless 10 days notice of Homeowner's intent are given as provided below, during which time the default may be cured by the Contractor. 11. DISPUTE RESOLUTION AND ATTORNEYS' FEES a. Dispute Resolution. The Contractor and the Homeowner hereby mutually agree in advance that in the event that the Contractor has a dispute concerning this contract, the Contractor may submit such dispute to a private arbitration service which has been approved by the Office of Consumer Affairs and Business Regulation and the consumer shall be required to submit to such arbitration as provided in M.G.L. c. 142A. Contractor: Homeowner: G/ Homeowner: NOTICE: The signatures of the parties above apply only to the agreement of the parties to alternate dispute resolution initiated by the Contractor. The Homeowner may initiate alternative dispute resolution even where this section is not signed separately by the parties. b. Small Claims Court. Any controversy or claim arising out of or related to this Contract involving an amount of less than $2,500.00 (or the maximum limit of the court) must be heard in the Small Claims Division of the District Court in Essex County. c. Attorneys' Fees. In the event of any litigation between the parties relating to this Contract, the party against whom any adverse final judgment is entered (as specifically determined by the Court), following the expiration or exhaustion of all appeals, shall reimburse the other party for such party's costs and expenses (including, without limitation, all reasonable attorneys' fees, expenses and disbursements) of such litigation. d. Inquiries Regarding Contractor. All home improvement contractors and subcontractors shall be registered and that any inquiries regarding a contractor or subcontractor relating to a registration should be directed to: Registration Division, Program Coordinator One Ashburton Place, Room 1301 Boston,.MA 02108 Tel: (617) 727-3000 ext. 25239 I I 6 I I 12. WARRANTIES a. The work of the Contractor, including materials and labor, shall be guaranteed for a period of two (2) years during which period Contractor shall at its own expense correct any defect arising from its work unless Paragraph 7 of these General Conditions applies. This provision is in lieu of all other warranties, express or Implied, and Homeowner has no action at law or in equity against the Homeowner after said date. b. Any and all warranties for appliances or mechanical systems shall be delivered to Homeowner when Contractor's final payment is received. c. Notwithstanding any manufacturer's warranty of any component, appliance, or system, no action may be brought against the Contractor on this contract, for the performance of this work, except as provided above. j 13. NOTICES Notices may be sent to either party at the addresses shown above, or mailed by certified or registered mail. Any mailed notice shall be deemed given as of the date of mailing. i 14. SEVERABILITY I If any portion of this agreement is found invalid or unenforceable by any court, the remaining provisions shall remain in force between the parties. ILS. ENTIRE AGREEMENT This Contract consists of the documents defined above, and constitutes the entire agreement of the parties. It can be modified only by a written document. j 7 I NOTICE OF CANCELLATION You may cancel this Contract, without penalty or obligation, within three (3) business days from the date this Contract is fully executed. If you cancel, any property traded in, any payments made by you under the Contract, and any negotiable instruments executed by you will be returned within ten (10) business days following receipt by the Contractor of your Cancellation Notice, and any security interest arising out of the Contract will be cancelled. If you cancel, you must make available to the Contractor at your residence, in substantially as good condition as when received, any goods delivered to you under this Contract; or you may, if you wish, comply with the instructions of the Contractor regarding the return shipment of the goods at the Contractor's expense and risk. If you do make the goods available to the Contractor and the Contractor does not pick them up within twenty (20) days of the date of Cancellation, you may retain or dispose of the goods without any further obligation. If you fail to make the goods available to the Contractor, or if you agree to return the goods to the Contractor and fail to do so, then you remain liable for performance of all obligations of the Contract. To cancel the.Contract, mail or deliver a signed or dated copy of this Cancellation Notice or any other written notice, or send a telegram to RED APPLE RENOVATIONS at 9 BARTLET STREET, #332, ANDOVER, MASSACHUSETTS 01810 not tater than midnight of the third (3rd) business day after the execution of the Contract. I HEREBY CANCEL THIS CONTRACT. Date: Homeowner: j Note: Massachusetts State Law requires that all construction contracts include two copies of a cancellation notice. 8 o - NOTICE OF CANCELLATION You may cancel this Contract, without penalty or obligation, within three (3) business days from the date this Contract is fully executed. If you cancel, any property traded in, any payments made by you under the Contract, and any negotiable instruments executed by you will be returned within ten (10) business days following receipt by the Contractor of your Cancellation Notice, and any security interest arising out of the Contract will be cancelled. If you cancel, you must make available to the Contractor at your residence, in substantially as good condition as when received, any goods delivered to you under this Contract; or you may, if you wish, comply with the instructions of the Contractor regarding the return shipment of the goods at the Contractor's expense and risk. If you do make the goods available to the Contractor and the Contractor does not pick them up within twenty (20) days of the date of Cancellation, you may retain or dispose of the goods without any further obligation. If you fail to make the goods available to the Contractor, or if you agree to return the goods to the Contractor and fail to do so, then you remain liable for performance of all obligations of the Contract. To cancel the Contract, mail or deliver a signed or dated copy of this Cancellation Notice or any other written notice, or send a telegram to RED APPLE RENOVATIONS at 9 BARTLET ' STREET, #332, ANDOVER, MASSACHUSETTS 01810 not later than midnight of the third (3�d) business day after the execution of the Contract. I HEREBY CANCEL THIS CONTRACT. Date: Homeowner: Note: Massachusetts State Law requires that all construction contracts include two copies of a cancellation notice. 9 i RED APPLE' At Vikff k Exhibit II - Contract Details Mr. and Mrs. Yaroslaysky The following work will be done: Demolition Floor protection will be installed from the front door to the bathroom door tor p otect the floor during construction. Dust protection will be installed to separate the construction area from the rest of the house. Remove and dispose of the vanity, sink, countertop, faucet, toilet, shower valve. The tub will remain in place. The existing tile floor will remain in place. Remove the damaged areas of the ceiling so it can be patched. The existing door will remain in place. All debris will be properly disposed of. The construction area will be broom clean at the end of each day. Plumbing Reuse the existing water and waste line for the new toilet. Install a new water shutoff on the toilet water line. Reuse the existing water and drain lines for the vanity and shower. :. Install the following fixtures: ■ Vanity a Countertop a Sink i e Faucet 1 Toilet • Shower valve 9 Bartlet Street#332,Andover, MA 01810 tel: 978.409.1293 fax: 978.945.2446 r • Showerhead ■ Shower valve trim This contract includes an allowance of $3,000 for new shower fixtures. This contract includes the installation of a single shower valve with a single shower head. If any additional shower elements including, but not limited to body sprays and hand held showers, additional installation cost will apply. Electrical Replace the existing fan with a new fan. This contract assumes that the current fan is vented to the outside and that we can reuse the existing venting. This contract Includes an allowance of$150 for a new fan. If the fan is not vented, additional charges will apply to install the proper venting. Tile Shower Install a new custom tile shower. The shower will include a custom-sized membrane type shower pan located in the niche of the current shower. Install shower wall tile over 1/2 inch cement board attached to the framing as a backing for the tile. All of the installed tile will be grouted and the grout will be sealed. This contract contains an allowance of $450 for new shower tile Additional shower elements including niches, decorative tile patterns and border tiles are also available. This contract does not include the cost of any of these items. If additional shower elements are includes, additional charges will apply. Install a new glass shower door on the shower. This contract includes an allowance of$500 for a new shower door. Tile Walls &Tub Surround Remove the wood surround on the whirlpool tub and install cement board or plywood to provide a solid backing for tile. Install tile around the bottom of the whirlpool tub. This contract includes an allowance of$200 for whirlpool tile. The tub surround will also include a small access door so that the mechanical and plumbing parts of the tub can be accessed in the future. Tile an area from the top of the sink to approximately 4 feet high. This contract includes an allowance of $50 for sink backsplash tile. Additionally all the walls of the bathroom can be tiled up to 4 feet from the ground. The wallboard around the bathroom up to 4 feet high would be removed and 1/2 inch cement board would be installed to provide a solid base for the tile. The wall tile would be installed and the new tile would be grouted and the grout sealed. This contract includes an allowance of$550 for wall tile. 9 Bartlet Street#332,Andover, MA 01810 tel: 978.409.1293 fax: 978.945.2446 The final cost would depend on the tile and design chosen for the wall. Walls &Trim Patch all walls and ceiling where required with one half inch drywall finished with three coats of joint compound sanded smooth. Apply a skim coat of plaster to the ceiling to create a smooth finish. Paint Fill all holes and caulk all seams prior to painting. Paint the walls and ceiling with one coat of primer and two finish coats of paint in a color to be chosen by the homeowners. Paint the interior trim with one coat of primer and two finish coats of paint in a color to be chosen by the homeowners. Homeowner Date Homeowner Date Notes. 1) An allowance is an amount set aside in the contract when a specific item has not been specified. The actual cost of the item, once specified, will be included in the contract price and the allowance amount will be adjusted to reflect the cost of the item. 9 Bartlet Street#332,Andover, MA 01810 tel: 978.409.1293 fax: 978.945.2446 ♦1,i++achtt*rtt i)t'itstrttnrnt of Pnlllii �afct� B�i.ta tl of l3tttlriin R� lul titilil tali �r:ast lard+ ceits, CS 83511 Restncteci to. 00 CHRISTOPHER J MATEY 32 WASHINGTON AVE i ANDOVER, MA 01810 10/28/2010 Tri 4178 Board of Building Regulations and Standards License or registration valid for individul use only HOME IMPROVEMENT CONTRACTOR before the expiration date. If found return to: Registration: 138132 Board of Building Regulations and Standards Expiration: 2/20/2011 Tr# 279536 One Ashburton Place Rm 1301 Type: Private Corporation Boston,Ma.02108 RED APPLE RENOVATIONS,INC. CHRIS MATEY . 32 WASHINGTON AVE. . ANDOVER,MA 01810 Administrator Not valid without signature �ORT#q ToNvn of 4020 o dover, Mass., 31 %40 0q 0 C OC H'CHE"ICK A. ORATED Ok? �y BOARD OF HEALTH PERMIT D Food/Kitchen Septic System I BUILDING INSPECTOR THIS CERTIFIES THAT ....4l..C .5.1. u. """"""""""" Foundation has permission to erect............ .......................... buildings on . r !►��!1w. .....� .. ................ Rough to be occupied as .......�!N!r` Chimney ......... . ........ ............................................................................................... provided that the person accepting 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 - ELECTRICAL INSPECTOR UNLESS CONSTRU TS Rough ........................... Service BUILD R 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.