The URL can be used to link to this page

Home My WebLink AboutBuilding Permit #591 - 120 WATER STREET 4/2/2010 BUILDING PERMIT NORTh o�"<,to ,baa TOWN OF NORTH ANDOVER APPLICATION FOR PLAN EXAMINATION Permit NO: Date Received SSACHUS Date Issued: IMPORTANT:Applicant must complete all items on this page ,LOCATION 41 ':PROPERTY,`OWNER ,. 1 '-� WAP, NO: PARCEL _ZONING DISTRICT- Historic his#riot e o Machine Shob'Village :e no TYPE OF IMPROVEMENT PROPOSED USE Residential Non- Residential New Building One family Addition - Two or more family Industrial eratio No. of units: Commercial Repair, replacement Assessory Bldg Others: Demolition Other sepic VIII F.loodplairi, Wetlands Wter sed'Ditact. l]Uter/S ewer . _ z : a a DESCRIPTION OF WORK TO BE PREFORMED: Q& QyN�_,Q0,J7 P `svz C_%:44 Identification Please Type or Print Clearly) OWNER: Name: 11-3) W{} c-r-, Phone: to Vi Address: �� U�9wo � �� t , t`��s4: 02 14-3 g -_ �� . -CONTRACTOR �Na ne: ��iv'v .M �)ms `� Phone: kt�t4, Al Address:,-,2 Supervisor's°Cdnstructjon License. + Exp. Date: HIHome lrnprovementlicense � ��§��t �1l � Exp. -Date: ARCHITECT/ENGINEER f 1 I4v,t_r rq 6'-�i �N l�v Phone: Address: Cf-d d lyj �� y� IC"Reg. No. FEE SCHEDULE.BULDING PERMIT.$12.00 PER$1000.00 OF THE TOTAL ESTIMATED COST BASED ON$125.00 PER S.F. k X� Total Project Cost: $ 4-31. 2 40 k — °— FEE: $ .S 2, 9 Check No.: 4- 4- ef~ 4103 Receipt No.:�� NOTE: Persons contracting with unregistered contractors do not have access to the guaranty fund �gnature of.Agent/Ownerw----- na#ure of contractor= . , - , ; �_�� .9 Plans Submitted Plans Waived Certified Plot Plan Stamped Plans 1 TYPE OF SEWERAGE DISPOSAL " Public Sewer Tanning/Massage/Body Art Swimming Pools Well Tobacco Sales Food Packaging/S61es'" ' 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: Located 38 Os ood Street .fIiRE DEP.ARTNIENT = i { 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 i Building Department artment I I 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 r ❑ Building Permit Application I ❑ 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 o 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:111'FORM07 Revised 2.2008 Location No. �� Date_f� d 1 NORTH TOWN OF NORTH ANDOVER � 1 F � 9 Certificate of Occupancy $ Building/Frame Permit Fee $ - +c Mus 3 Foundation Permit Fee $ - Other Permit Fee $ TOTAL $ Check #� .� d' 22898 - -- W Building Inspector Location ft No. �o Date U ` ` NORTp TOWN OF NORTH ANDOVER Certificate of Occupancy $ /00 — r Building/Frame Permit Fee $ ssAGMUSE Foundation Permit Fee $ Other Permit Fee $ TOTAL $ Check # 0104 S. k , /Building Inspector L w� �Mns CERTIFICATE OF USE & OCCUPANCY TOWN OF NORTH ANDOVER XFACT Building Permit Number 591 Date: 5/24/2010 THIS CERTIFIES THAT THE BUILDING LOCATED ON 120 Water Street 2nd Floor MAY BE OCCUPIED AS Business IN ACCORDANCE WITH THE PROVISIONS OF THE MASSACHUSETTS STATE BUILDING CODE AND SUCH OTHER REGULATIONS AS MAY APPLY. s Certificate Issued to: FACT North Andover MA 01845 Building Inspector tAORTH 01;M oAndover . LAKE =y dover, Mass., Z.• t COCMIC KE WICK yq. ADRA-rE D `S BOARD OF HEALTH PERMIT T/ D Food/Kitchen Septic System THIS CERTIFIES THAT RI:&... ...� .......N..fo. (110 BUILDING INSPECTOR BUI NS .......... ^, Foun ation- has permission to erect....... ildings on...� ..: �... .(. 6� ougjc�r ........... to be occupied as 4ii -del............. 1�.1.. 1.1� .provided that then accepting this permit shall in every respect conform to the terms of the application on file in inT' ( ? 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 INS CTOR VIOLATION of the Zoning or Building Regulations Voids this Permit. Z'—. PERMIT EXPIRES IN 6 MONTHS ELECTRICAL INSPEC R UNLESS CONSTRU STARTS �................................................... Service BUILDING INSPECTOR 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 DEPARTME ')r'„ Until Inspected and Approved by the Building Inspector. Burner Street 8 SEE REVERSE SIDE Smoke pet. I ri KHALSA DESIGN INCORPORATED RP RATED Architects & Engineers ® 17 Ivaloo Street, Suite 400, Somerville, MA 02143 F, , a p.617-501-8632 f f. 617-591-2086 r ARCHITECTURAL FINAL-AFFIDAWT May 20, 2010 City of North Andover, Inspectional Services Department North Andover, Massachusetts RE: XFACT Tenant Fitout, East Mill, 21 High Street, North Andover, Massachusetts Khalsa Design Inc. has visited the above referenced project during the construction period, and has provided construction related services in conformance with the Massachusetts State Building Code, Controlled Construction Section, 780 CMR §116.0. 1 verify, that to the best of my knowledge, information and belief, that the building has been constructed in substantial conformance with the construction documents for the project. The detection of, or the failure to detect, deficiencies or defects in the construction during review by this office does not relieve the contractor or its subcontractors of their responsibility to correct all deficiencies or defects, whether detected or undetected, in all parts of the work, and to otherwise comply with all requirements of the Construction Documents. Si rely Yours, �g�E GH AR�y/� No.6042 D y CAMBRIDGE Jai Singh Khalsa, NCA B rHOFMAsMass Registration Seal #6042 t Then personally appeared above named Jai Singh Khalsa made oath that the statement made by him is true. f Before M it 1 J "Notary Pu lic Name Commission EXpir.Os Sara E.Al Common earth of 'N�asssochlsetts My Commission Expires October 27,2011 Q10RT►y ONNM Of : 4Andover . 0r A K E L dover, Mass., Z COC NIC NE WICK y�. ADRATED C7 S BOARD OF HEALTH Food/Kitchen PERMIT T D Septic System THIS CERTIFIES THATBUILDING INSPECTOR ... ,. c �Il ...-......... . ....... ►.`-r-... """ Foundation has permission to erect.....�......................... ildings on ... �..P-460L Rough ,.. to be occupied as... 6 tt ... .............. �.1.1 .......6. .......................he................................... Chimney ey provided that the rson accepting this permit shall in every respect conform to the terms of the application on file in this office, and to the provisions of the Codes and By-Laws relating to the Inspection, Alteration and Construction of Final Buildings in the Town of North Andover. PLUMBING INSPECTOR VIOLATION of the Zoning or Building Regulations Voids this Permit. Rough PERMIT EXPIRES IN 6 MONTHS Final UNLESS CONSTRU STARTS ELECTRICAL INSPECTOR Rough ............ ................................................................................................ Service BUILDING INSPECTOR Final Occupancy Permit Required to Occupy Building GAS INSPECTOR Display in a Conspicuous Place on the Premises — Do Not Remove Rough Final No Lathing or Dry Wall To Be Done Until Inspected and Approved by the Building Inspector. FIRE DEPARTMENT Burner Street No. SEE REVERSE SIDE Smoke Det. Client#:35588 RCGBU DATE ACORD- CERTIFICATE OF LIABILITY INSURANCE 0512009° ' PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION INSURANCE MARKETING AGENCIES ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE 306 MAIN STREET HOLDER.THIS CERTIFICATE DOES NOT AMEND,EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. WORCESTER,MA 01608 508 753-7233 INSURERS AFFORDING COVERAGE NAIC# INSURED INSURER A: Associated Employers Insurance 21865 RCG Builders LLC INSURER B: clo RCG-LLC INSURER C: 171valoo Street,Suite 100 INSURER D: Somerville,MA 02143 INSURER E: COVERAGES 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. IF43K R001 LTR R TYPE OF INSURANCE POLICY NUMBER POLICY EFF ACTIVE POLY EXPIRATION LIMITS GENERAL LIABILITY EACH OCCURRENCE $ MIS COMMERCIAL GENERAL LIABILITY DAMAGE TO RENTED ES(Ea cpacunence) $ CLAIMS MADE F-1 OCCUR MED EXP(Any one person) $ PERSONAL&ADV INJURY $ GENERAL AGGREGATE $ GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OP AGG $ POLICY JPERCT O LOC AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ ANY AUTO (Ea accident) ALL OWNED AUTOS BODILY INJURY $ SCHEDULED AUTOS (Per person) HIRED AUTOS BODILY INJURY $ NON-OWNED AUTOS (Per accident) PROPERTY DAMAGE $ (Per accident) GARAGE LIABILITY AUTO ONLY-EA ACCIDENT $ ANY AUTO OTHER THAN EA ACC $ AUTO ONLY: AGG $ EXCESSIUMBRELLA LIABILITY EACH OCCURRENCE $ OCCUR FICLAIMS MADE AGGREGATE $ DEDUCTIBLE $ RETENTION $ $ A WORKERS COMPENSATION AND WCC5005531012009 05/10/09 05/10/10 X O STATU- OTH- EMPLOYERS'LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE E.L.EACH ACCIDENT $500,000 OFFICER/MEMBER EXCLUDED? E.L.DISEASE-EA EMPLOYEE $500,000 It yes,aesaibe under SPECIAL PROVISIONS below E.L.DISEASE-POLICY LIMIT 1$500,000 OTHER DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION For Informational Purposes DATE THEREOF,THE ISSUING INSURER WILL ENDEAVOR TO MAI_ _1IL. DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,BUT FAILURE TO DO SO SHALL INOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER,ITS AGENTS OR REPRESENTATRQES, AUTHORRED REPRESENTATIVE ACORD 25(2001108)1 of 2 #S158999/M158998 GCE O ACORD CORPORATION 1968 '-olr2l?2LFnM3eqja o f1Y1 .�Qc/jgvetts t J Dgartraerir of frzaEustr�l Acrid of lzp�sfigafivju .' 600 W=hi TbH street ,`�-' B'os�orr, 1�A 02111 Workml`Ca "'w -risa gnv1& . �lob� fion I>asitr2nee. ffida vim'Iders�Coatracbors/ .ici8�s/pf®hers please print Nt3me wilrtdiviti): Adc=ss+ t 1 1 q,� �PJ S'J f G6 too Art Yun an emPloyerT &e appmprig�b. ru I. e ; 4. ❑ I� ai berre�t cosrtz end I TVjw�Ia'4y ( d/ar Pert-iisnc). have hid sul�-wt 6. ❑Naw cxinsi�ctiaA . 2--r D 7 am a sole.p . P�zr• tsfncI on 'the ar �• attacked sheet 3 7. Raaotiei' . and hive =SM _ tP no i � ogees�. TEz wmrikdng {or rrre in eny cq=ity. stareotmactats� .8. ❑�olWDn- wark=s cam kwxzmr ° �'mIs i aenca.. 5. Q arL $ 9. ❑ButIMM9 sddW,, �iLl CWPMz6Cm and t� have ID. 3. rrcrsed thair ❑Ei DI aiA 8 homt�u►rrer ��,� Jzpeas oradditinrrs of 'cM. M DL my�l£j?�Io woii; a PW I LQ I irtg Tnpeas w additS P� 152, §I ¢ - ans inSraBrrG'•. 't ( � hBVt A8 j 12.0 Roof ` ay o worlos�' `�3'ePP�i�te$iettbebo>'#i�rmsieiaafinoarth�axnaabdow is]Stamicero<}uimd.] vnho=&n it tha afiM;it;a6»g M, °bOW B�tram�cae�'eom e�;n„P�T*mima dw*Gua bmc aeuateta�am s�oari aliacc aaaad ib�bre naside s mn f1�'�-�-•T",{�yQ�S'/If fE'�f•�_Q_nde e:lod?P .r the�d8cs1•rmmir bWC1�2 S � •i�.:y�,'� c7'amp� . irllc -"•Innance C0Mpzny ) a=: h► "s ' JC t K.-36W • Porgy 9 or salt-ars,Lir.#• . �-G-.S U 0 s'I 3 / 0 f. job SAd* Dere f dQ *aw.�o �� , 1 ,4ttsc6 a ropy;of the work.=-e �_ cityaft rp: ,V, lqvi)ow" o t �- coattpensat P�9 dr�tioa FarTprt>n l (moo iicp Dei re*.Dd ander, on 25A of MGL C. 152 can lead to lire aaa�i fine up to s-L5DO.t)0 errdlor ono-year anprisomrrtatt;as well as aivrT jMpos CM of grim i penahaes of a Of up bo$250.00 a dip against.the violm*. Be advised drat in the form of a MP WORK ORD£R and a fim invrstigadons of the DIA•for insrs cz cov a copy of this t my irt;fot•w,arded to the Oifi=of age Yerinca ticM. mud!Fa. f lin hereby cetYi tender thr oa�d . cfParAy.1Yrat the in foa provided obaa�g_ �nffi fcirt!asP oetfy Do not write in titin area, he coaaP[=0=d6ynio,or loaelt offai6d City or Tower ISS v - - Pn['IDft'/►,:r.....�� anu'Aafborify(aircfe one): L Board of Health Z B"ng peP,$ cnt 3 C" /7 C Other �Y c+w�n mit rlc 4. EkftHcW ymPeftr 5. Plawbing IDspector Contact PWMII: P6oae#: • i Massachusetts- Department of Public Safety Board of Building Re urlations Arid StAndards Gofisttuction superv'sO Liter.4.4 License: Cs 66334. Resiricted.lo:-00-- r, KIERAN T WHELAN X31 RICHMOND`ST ? ry WEYMOUTH;MA 02188'" 3'_ P Expiration: 9/26/2011 Commis5ionrr Tr#. 3612 Permit Affidavit Project Number: XFACT TENANT FITOUT Project Title: EAST MILL Project Location: East Mill North Andover Name of Building: 120 Water Street,North-Andover Nature of Project: Commercial Tenant Fitout In accordance with section 116.0 of the Massachusetts State Building Code, I JaiSinghKhalsa Registration No. 6042 being a Registered Professional Engineer/Architect hereby certify that-I will prepare or directly supervise the preparation of all design plans, computations and specifications concerning: Entire Project HVAC Plumbing Fire Protection Electrical Other(Specify) ARCHITECTURE For the above named project and that, to the best of my knowledge, such plans computations and specifications meet the applicable provisions of the Massachusetts State Building Code, all acceptable engineering practices and applicable laws and ordinances for the proposed use and occupancy. I further certify that I shall perform the necessary professional services and be present on the construction site on a regular and periodic basis to determine that the work is proceeding in accordance with the documents approved for the building permit and shall be responsible for the following as specified in section 116.2.2: 1. Review of shop drawings, samples and other submittals of the contractor as required by the construction contract documents as submitted for building permit, and approval for conformance to the design concept. 2. Review and approval of the quality control procedures for all code required controlled materials. 3. Special architectural or engineering professional inspection of critical construction components requiring controlled materials or construction specified in the accepted engineering practice standard listed in Appendix B. Pursuant to section 116.2,3 1 shall submit periodically, a progress report together with pertinent comments to the North Andover Building Inspector. Upo e work, I s mita final report as to the satisfactory completion and rea ess of the project o ARCH/T� 7 K -, 4 w o R z 2/23/10 Signature an >0 S�Q� Date FALT FSP On thisday of efore me,the undersigned notary public, personally appeared A (name ot document signer),proved to me through satisfactory evidence of identification,which were -kO Nle, , to be the person whose name is signed on the preceding or attached document, and acknowledged to me that he/she signed it voluntarily for ' ' st d purpose. i - My crW3"iftxpires NOTARY PUBLIC Cony omyealth of Massachusetts My Commission Expires r:ctoE er 27,2011 xFact, Inc. Estimated Cost Schedule of Values Demolition Dumpsters $250.00 Building materials $550.00 Frame& Insulate $500.00 Glass Entry Door $400.00 Drywall and tape $450.00 Prime and Paint $500.00 Carpet(3000 SF) $3,000.00 VCT(400 SF) $6,000.00 Vinyl base $1,600.00 Kitchen Cabinetry $300.00 Plumbing $2,200.00 Electrical $2,200.00 Sprinklers $7,500.00 HVAC $0.00 Final clean $12,000.00 Sub-total $150.00 RCG Builders fee $37,600.00 Total $5,640.00 Plus Building Permit $43,240.00 Total Construction $528.00 $43,768.00 II r Standard Form of Agreement between Owner and RCG LLC where the basis of payment is the Cost of the work Plus a Fee without a Guaranteed Maximum Price Date: February 23, 2010 Owner: RCG North Andover Mills LLC C/o.RCG LLC 17 Ivaloo Streak, Suite 100 Somerville, MA 02143 Contractor: RCG LLC - 17 lvaloo Street; Suite 100 Somerville,MA 02143 Architect: Khalsa Design,,Inc. Project Name: Xfact, In.c. The Owner and Contractor agree to the terms stated by this contract. This contract supersedes any prior agreements, representations, or negotiations, oral or written. No liquidated damages shall apply to this agreement. This contract consists.of the following documents: 1. Obligations of the Parties 2. Contract Sum 3. Project Schedule 4. Signatures Exhibits Exhibit A: Estimated Cost of Work Exhibit B: Project Schedule Exhibit C: Drawings Page 1 of 6 1. Obligations Of the Parties Obligations of the Contractor: The Contractor accepts the relationship of trust and confidence established by this Agreement and covenants with the Owner to cooperate with the Architect and exercise the Contractor's skill and judgment in furthering the interests of the Owner; to furnish efficient business administration and supervision; to furnish at all times an adequate supply of workers and materials; and to perform the Work in an expeditious and economical manner consistent with the Owner's interests and in compliance with all applicable governmental codes and regulations. The Contractor shall keep full and detailed accounts and exercise such controls as may be necessary for proper financial management under this Contract. The Contractor shall keep full and detailed records of all books, records, permits, licenses, correspondence, receipts, instructions, data, and drawings associated with the Project including all Subcontractor contracts, invoices, vouchers, insurances, lien waivers, and other correspondence. The Owner and Owner's Accountants shall have access to review, audit, and copy all Contractor documentation. The Contractor shall retain these documents for a period of three years after final payment. The Contractor shall maintain insurance at the following levels with the Owner listed as a co- insured: Type of Insurance Limit of Liability Commercial General Liability $1,000;000.00 Upon request, and at the cost of the Owner, the Contractor shall obtain a performance bond up to the total Cost of Work. Such costs shall be added to the Construction Volume. The Contractor understands that the Project will be financed by a construction lender and, then, by a permanent lender. The Owner may assign any of its rights under this Contract to the construction lender and the Contractor hereby consents to any such transfer provided no such assignment shall relieve the Owner of any of its obligations under this Contract, unless agreed to in writing by the Contractor. The Contractor shall execute any certificates, lien waivers, releases, receipts, and other documents as may be reasonably required by the construction lender or permanent lender including a subordination of its mechanic's lien rights to the construction lender's and permanent lender's mortgage or deed of trust. The construction lender for the Project will be: Obligations of the Owner: The Owner agrees to furnish or approve, in a timely manner, information required by the Contractor and to make payments to the Contractor in accordance with the requirements of this Agreement. Dispute Resolution: Claims, disputes or other matters in question between the parties to this Agreement shall be resolved by mediation or by arbitration. Prior to arbitration, the parties shall endeavor to reach settlement by mediation. Page 2 of 6 2. Contract Sura Cost of Work: The Contractor shall provide a detailed estimated Cost of Work to the Owner(see Exhibit A). The sum of these costs, including the fee is as shown below: $43;240:00 Change Orders: The Contractor does not guarantee the Contract Sum in any form. In the event of changes to the . Contract Sum, the Contractor will present written changes to the owner for costs that exceed the Contract Sum in the form of a Change Order. The Contractor will review all Subcontractor Change Orders before submittal to the Owner and Architect and.make a recommendation for payment or non-payment. The Contractor's Fee will be calculated including any approved Change Orders. The Owner, Architect and Contractor will negotiate disputed Change Orders in good faith. Contractor's Fee: 15% of total construction volume up to $1 million, and 10% of construction volume over$1 million. This includes pre-construction and project management services, and field personnel and associated management overhead. The fee is based on actual costs incurred, with final true up, and is booked monthly in arrears. Specifically, 1. The cost of pre-construction and construction management services provided by RCG personnel is booked monthly in arrears based on the hours reported by each employee. 2. Hours are billed at the standard hourly billing rate established from time-to-time for each employee. The hourly billing rates effective 1/1/2007 are shown below. 3. The cost of pre-construction and construction management services provided by independent contractors is booked when invoiced and carried within the fee. 4. RCG Builders personnel functioning as tradesmen outside their management duties will be charged according to their hourly billing rate. 5. If aproject is terminated or suspended by the Owner prior to completion, RCG Builders LLC is compensated for the actual cost of services provided prior to receipt of notice of termination or suspension from the Owner. 6. Total Construction Volume includes all construction trades, general requirements, insurance, bonds and miscellaneous costs deemed necessary to perform the construction of the project, but excludes permits and fees. Permits and Fees shall be paid directly by the Owner. 7. Construction management labor, standard tools and equipment, and labor-related overhead are covered "within the fee". Specialty tools or equipment, trade labor supplied by Builders personnel and approved transportation and meals costs shall be charged directly to the Owner without a fee. Employee Rate David Steinber h $125/hr Kieran Whelan $125/hr Jason Downing $50/hr Subcontractors: The Contractor plans to hire Subcontractors to perform the majority of construction associated with this project. The Contractor shall provide the Owner and Architect information on all of the bids Page 3 of 6 - - II received by Subcontractors and the names of the Subcontractors selected. Owner shall have the right to reject a proposed Subcontractor; however, in the event that this leads to a higher Cost of Work, the Owner shall pay for the difference. The Contractor reserves the right to reject any Subcontractor, even if it is the lowest bid, and to dismiss Subcontractors from the job that have been previously approved by the Owner. Payments: The Owner shall make progress payments on the Contract Sum according to the Requisition process described below. The Contractor shall, at the conclusion of each calendar month on the project, present to the Owner an application for payment(Requisition) for costs incurred during that month. The Requisition shall include all invoices, vouchers, partial releases of liens, expense reports, and any other evidence to support the validity of the Requisition amount. The Contractor may requisition for completed, but unpaid work based on an expectation of payment upon receipt of funds. The Owner, the Architect, or their representatives shall be afforded five (5) business days to review such application and question the Contractor about its contents. In the event there are no disputes, the Owner shall pay the Contractor within 10 business days of receipt of the Requisition. Payment by the Owner does not represent that the Owner or Architect have made a detailed examination of the documentation, inspection of the work, or verification of the accounting. At the completion of the project, the Owner shall make a final payment to the Contractor based on a final Cost of Work with a truing up of fees. If further corrections to work are required that are not covered under warranties with Subcontractors, or that are not the outcome of negligence or poor workmanship by the Contractor, the Owner shall pay the Contractor for any work associated with performing the corrections based on the hourly rate agreed to.in this contract. Retainage: The Owner shall not hold back any fees to the Contractor to ensure completion of the work. The Contractor will be expected to hold back fees from Subcontractors to ensure their performance based on the terms below: 10%of billed costs, unl6ss oth6rwiise'appr6v0_by the Owner Termination of Contract: The Owner shall reserve the right to terminate or suspend the Contract at its sole discretion. Within 15 days of termination or suspension, the Contractor shall present an accounting of all its costs incurred for reimbursement by the Owner. If the Owner elects to proceed with the project without the Contractor, the Owner shall have the right to assume the Subcontracts and agreements related to the Project. Working Capital: RCG Builders shall not bear the costs of Working Capital for the project. If the Owner would like the Contractor to gain beneficial pricing on its behalf by paying subcontractors ahead of the Requisition schedule, the Owner shall either(1) put on deposit with the Contractor a sufficient amount of Working Capital for the Contractor to pay these Subcontractors, or(2) make immediate payment upon request from the Contractor outside of the normal Requisition process. Provision of Working Capital shall entitle the provider to all discounts and savings associated with that capital. Page 4 of 6 3. Project Schedule Date of Commencement: The Contract Time shall be measured from the date of commencement. The date of commencement of the Work shall be the date of this Agreement, unless a different date is stated below or provision is made for the date to be fixed in a notice to proceed issued by the Owner. April,l,201,0, or such time that Notification to Proceed is givenOwner Contract Time: The Contractor shall provide to the Owner a Project Schedule (see Exhibit B). This Schedule is based on assumptions reached prior to the signing of this contract, which assumptions the Contractor shall attempt to clarify in the Schedule. However, the Schedule always assumes the Owner and the Architect respond promptly to requests for information and do not request any significant changes to the construction program. In the event that the Owner or Architect find any discrepancies with the Schedule or its Assumptions, they will promptly notify the Contractor,who shall make adjustments to the Schedule as necessary. According to the attached Schedule, the Contractor shall achieve Substantial Completion of the entire Work as follows: Date of Substantial Completion to be no laterthan May 15,2010 The Contractor does not guarantee the date of completion. However, the Contractor shall not be entitled to additional fees based on delays in the project unless those delays can be shown to incur extra costs for the Contractor and were caused by the actions or requests of the Owner or Architect. The Contractor shall present an updated Project Schedule to the Owner and Architect on a weekly basis for their review. Page 5 of 6 4. Signatures The Owner's representative is: David Stenbergh,Manager RCG North'Andover Mills LLC ITIvaloo Street,Suite 100 Sornery lle,;MA 02143 § 14.4 The Contractor's representative is: Matthew Picaes c, Principal RCG LLC 17 Ivaloo Street, Suite 100 Somerville, MA 02143 This agreement is entered into as of the day and year first written above and is executed in at least thre original copies, one for the Owner, one for the Contractor, and one for the Architect. Owner Contractor Signa re Signature t°v6 k Agro-il:W ��G<NZJ)C i✓1GV'� Printed Name and Tit/ Printed Name and Title Page 6 of 6