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HomeMy WebLinkAboutBuilding Permit #738 - 136 BRIDLE PATH 6/26/2009 BUILDING PERMIT TOWN OF NORTH ANDOVER s2 4.° ''- `= ° APPLICATION FOR PLAN EXAMINATION Permit NO: Date ReceivedATED SSACHUS�� Date Issued: IMPORTANT:Applicant must complete all items on this page YY� Print p z Y PROPERTY - OWNER Yeti` �MK1P NO <OPARCEL - ZONING DISTRICT r �` ���storicD�slnct n= dies 1171ach�rie ShDp Village ,fives o TYPE OF IMPROVEMENT PROPOSED USE Residential Non- Residential New Building One family Addition Two or more family Industrial teration No. of units: Commercial Repair, replacement Assessory Bldg Others: Demolition _ Other Y � SB tic W el l i L { §�- >> - w r F loodpla�ra , elandslllate s11ed�D�str�ct } j �'Il/aterSealvec DESCRIPTION OF WORK TO BE PREFORMED: - • b C Identificadi Please Type or Prii t Clearly) " OWNER: Name: - 1 40Ff �` Phone: '` `l� 57p-9 1 Address: t� �sAf%_�Cvei -.•�'�*";srsKxr, � "�,"^r�3+, - c -sew;;: .y,r.-q - ++i-"• .' 'J. -� 3..-crf a„vva.-S iii' ,a. " -.'`-.a.,x T.�-�'} a:.' -' �' -�S.t.a ;r;. "F� s "`� •'F �`' .' s - T,0 -AT ti 5 f,G�;�.. x p`2`r�;� s`-ri��� z ri = 3 `>,��.r�a�x�. .. �` '-Y ,.,.N�'f"t Y•Ti� 'na-c.cr 'mss,•`-�'�'x-i�,'� r"- Y 'ya �� i f—e+- '4-�'•'�'� x - '`..r-,gym' rrw sfy`'^�^s"' �Addrdss- �.t �.s•�`."r'4 -_�,e., .a-M -n. +sd. '�sv. •.ry .4. .��� .l I�r.nu� i mgt . '�r_y, .""'7`ah'icz ..a "� er..csss'� 5, w.au++�y�r,+- - -+�- 2Nr.�'^y"f s 'y.f'� tii" ai .T y *N `_.. .,+'N ..., .,r,, -.y i 'k ��i:�..ru1e.3S- }rw �P` ��Y: Y •,�,: v 'i � Fv' -x-, - !Apervisor onstru ion License ,f--� is ?,k `s $\Rirs — "�.�'� '"+ "-.`' �� n•-; f� fi-E +�- ad' g-T4 r -� r�_ a^n-� '�' � 3 __ - "„.", �',+-:g � n,.; '�--•C'�4� `�". i°�;r^ e � .�"a:, -lorne�rnPro� 'meat ,5cense 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: $ `577, 71 FEE: $ �� Check No.: Receipt No.: a 0 NOTE: Persons contracting wunre i re contractors do not have access to the guaranty fund Signature ofgent/Owner . _tgrt, #u;re of contractor - :` _ Location ��� ��� 1,01sy� , No. Date " pORTk TOWN OF NORTH ANDOVER 0'4•.•0 •,ti0 F • - _ _ • 0� Certificate of Occupancy $ 3 p • ; s Building/Frame Permit Fee s�cwus E Foundation Permit Fee $ Other Permit Fee $ TOTAL $ Check # i Building Inspector I' I Plans Submitted Plans Waived Certified Plot Plan Stamped Plans TYPE OF SEWERAGE DISPOSAL i 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 6� COMMENTS Wjilhih w - Illo� e 2a e, ow i l�-Se - ►'SSI c�GY�t c� 1, CONSERVATION Reviewed on J Signature COMMENTS n 7 JJ91 i 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 384 Osgood Street M„ a. -77 FFIRE=WDEpARTMENT Temp Durnpsie'r"B a s�te��es r-vat..sa' €Ni'f# Loted at �lxMaintreefl -� s 4 k `�ireeQart a tignature� ate- F NORTH Town 0 _ Andover 0 No. * --' dover, Mass., �I T 0 -- L A E COC MIC ME WICK 7�p ADRATED P'Pa` `T BOARD OF HEALTH Food/Kitchen PERMIT T D Septic System BUILDING INSPECTOR THIS CERTIFIES THAT............... Sx&r'..*1. ...........�..r.. ..........�...............i..... ....................... ........................ Foundation r has permission to;soon ct........................................ buildings on .� 10........... ..... ........ ... . ... ................... Rough 0 to be occupied as.. r...... L. ..1...�..... .#^.....�,..� .� Chimney provided that the acceptin�this permit shall in very 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 CONSTRU S TS ELECTRICAL INSPECTOR Rough ........... ............................................................................................. Service BUILDING INSPECTOR 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. f Board of Building Regutati s an{ Standards f Construction Supervisor License Lic9nse: CS 49474 Expiration: 3/29/2010 Tr# 19917 ..;.?, Restriction: 00 i ROY M RIGORDAEVA 63R CHURCH ST MERRIMAC,MA 01860 Commissioner r 91tce &ammzoi r-wvald olA&da Board of Building Regulations and Standards HOME IMPROVEMENT CONTRACTOR - Registration: 157766 ! Expiration: 11/5/2009 Tr# 261127 Type: Individual ROY RIGORDAEVA ROY RIGORDAEVA 63R CHURCH ST. 'S ` . MERRIMAC,MA 01860 Administrator i ' s I i r` t* 1,'�' i �, a i I I i ', I I Hi Gerald, As you may recall my husband I spoke with you regarding the 2 outside projects we are doing simultaneously —to combine the major digging and excavating. One being a the deck with a portable spa and the other being hooking up to town sewer. Per Mary Ippolito, of The Planning[)ept.will sign off on both Parts and we didn't need to attend their meeting on the 16tk. i The Conservation board is not concerned with the deck Portion. We have a meeting on the 21-k regarding the sewer hookup which is considered a small Project'. Assuming all the papers are in order they will sign off. I The portable spa will 6e delivered on the 566 and is to 6e placed on a wood platform and the decking around it (so it will be partially below the deck). We'd like to get the footings in to give them time to cure, and then Put up the deck and any excavation on the 2-5'6 assuming we get conservations approval on the 24th' I I wanted to make sure my contractor come down to get the permitting process started now, while awaiting conservation meeting on the 24th'? hope you don't mind that I emailed, 6ut I thought it maybe easier for you. Please feel free to email or call me at 978-975-528 1 . Thanks and regards from, i ,5hari L,oFilato 9 156 bridle Path GRANITE STATE INSURANCE COMPANY 0094669-00 WC 004-41-3131 ------------------------- 13102 ------------------ -- 013-66-0908-oo �il:lillm =F111111" .. e ELI GOODW I N & ROY R 1 GORDAEVA Member Companies of P.O.- -BOX 250 04M American International Group AMESBURY, MA 01913-0000 EXECUTIVE OFFICES: 70 PINE STREET. NEW YORK, N.Y. 10270 SEE EXTENSION OF ITEM 1. OF THE INFORMATION PAGE -WC9M10 1.D# MA UIL MICHAUD ROWE AND RUSCAK INSURANCE ASSOCIATES INC WORKERS COMPENSATION AND EMPLOYERS PQ BQX 188 LIABILITY POLICY INFORMATION PAGE NORTH ANDOVER, MA 01845-0000 INSURED IS PREVIOUS POLICY NUMBER PARTNERSHIP I NEW 0TAETt WORKPLACES MCIT SWIM114 ASME! - SEE rrxn"%V0%C*ITEM A.CW TN6 tiNFORMATtiON PAGE—WC89UC'to IIEM 2 POLICY PERIOD 1101 AM,standard time at the insureft malif"address FROM og/16/o8 TO 09/16/09 ITEM 3 A. Workers Compensation insurance: Part One of the policy applies to the Workers Compensation Law of the states listed here: MA B. Employers Liability Insurance: Part Two of the policy applies to the work in each state listed in item 3.A. The limits of our liability under Part Two are: Bodily Injury by Accident S 100,000 each accident Bodily Injury by Disease $ 500.000 policy limit Bodily Injury by Disease $ 100.000 each employee C, Other States Ittsuraincea Part Three of the policy applies to the states, if arty, listed hetes SEE ENDORSEMENT - WC200306A D. This policy includes these SEE EXTENSION OF ITEM 3.D. OF THE INFORMATION PAGE -WC990612 M3A 4 The premium for this policy will be determined by our Manuals of Rules, Classifications, Rates and Rating Plans. All information required below is subject to verification and change by audit. Estimated Total Rate Per Estimated Classifications Code Number ((�� Remuneration $100 OF Re Premium WAnnual 3 Year muneratipn ®Annual 3 Year SEE EXTENSION OF ITEM 4, OF THE INFORMATION PAGE-WC7754 OWME CONSTANT(EXCEPT WHERE APPLICABLE BY STATS $159 MA MWIMUM PREMIUM $500 14A TOTAL ESTIMATED PREMIUM $500 N indicated below.interim adjustments of premium shall be made: Semi-Annually Quarterly Monthly DEPOSIT PREMIUM 03/06/09 ASSIGNED RISK 66 Issue Date issuing office Authorized Represe the INC p0 00 01 39967(Revd 06/08) i 2.1:Cosi Ptus-FntEn-FEE AGREEMENT ■ 97 1 2.1 ■ COST-PLUS-FIXED-FEE AGREEMENT CONTRACTOR'S NAME: Kq©r-�a c'; ADDRESS: f D g' P— .,rc� S-t-, PHONE: c� r , 1"'t tin �t<s MAJ s CSM LIC#: MA Q 01q Ct 4:? Y DATE: ' OWNER'S NAME: eie t; �•-�j �'c ADDRESS: I3fp b-c (Q— r r PROJECT ADDRESS: SOLS I.PARTIES This contract(hereinafter referred to as "Agreement")is made and entered into on this `7 day of ,10-02 , by and between 51Gyw— z (hereinafter referred to as "Owner");and �tarr3��.�•� , (hereinafter referred to as "Contractor"). In consideration of the mutual promises contained herein, Contractor agrees to perform the following work: H. GENERAL SCOPE OF WORK DESC"RIPTION y (Additional Scope of Work page(s) attached: _ Yes No) E rAlt- SPCZS III. GENERAL CONDITIONS FOR THE AGREEMENT ABOVE A. CONTRACTOR'S DUTIES Contractor acknowledges and accepts the relationship of trust implicit in this Construction Agreement. Contractor agrees to use good efforts,judgment, and skills to complete the work according to the Contract G� CORM 2.1 ■ PAGE 1 OF 9 r o 98 0 2.1:COST PLUS-FIXED-FEE AGREEMENT Documents referred to in this Agreement. Contractor agrees to furnish competent construction management and administration and to adequately supervise the work in progress. Contractor agrees to complete the work in a timely and workmanlike manner. Contractor represents and warrants the following to Owner: 1. Contractor is financially solvent. 2. Contractor is able to furnish the tools, materials, supplies, equipment, and labor required to complete the work and perform his obligations hereunder and has sufficient experience and skills to do so. 3. Contractor will employ only skilled and properly trained staff for the performance of the work. Contractor will submit a"Rate Schedule for Contractor's Personnel" (see Section H below)which states the name and total rate charged for each of his employees who works on this project.Adjustments to the personnel on this list will be made by Contractor on an as-needed basis and Owner will be informed of all such changes. B. CONTRACT DOCUMENTS. The Contract Documents consist of the following documents which are hereby incorporated by reference into this Agreement: 1.This Agreement. 2.Any plans, specifications, or addenda referred to in the General Scope of Work section above. 3. Other: h—YO A,)-10— I C. EXCLUSIONS This Agreement does not include labor or materials for the following work: 1. PROJECT SPECIFIC EXCLUSIONS: ! y 2. STANDARD EXCLUSIONS: Unless specifically included in the "General Scope of Work"section above, this Agreement does not include labor or materials for the following work(any Exclusions in this paragraph which have been lined out and initialed by the parties do not apply to this Agreement): Removal and disposal of any materials containing asbestos (or any other hazardous material as defined by the EPA). FORM 2.1 ■ PAGE 2 OF 9 2.1:Cosi Ptus-FixEn-FEE AGREEmiENT ■ 99 Custom milling of any wood for use in project.Moving Owner's property around the site. Labor or materials required to repair or replace any Owner-supplied materials. Repair of concealed underground utilities not located on prints or physically staked out by Owner which are damaged during construction. Surveying that may be required to establish accurate property boundaries for setback purposes (fences and old stakes may not be located on actual property lines). Final construction cleaning(Contractor will leave site in "broom swept" condition). Landscaping and irrigation work of any kind:Temporary sanitation, power, or fencing. Removal of soils under house in order to obtain 18 inches (or code-required height) of clear space between bottom of joists and soil. Removal of filled ground or rock or any other materials not removable by ordinary hand tools (unless heavy equipment is specified in Scope of Work section above), correction of existing out-of-plumb or out-of-level conditions in existing structure. Correction of concealed substandard framing. Rerouting/removal of vents,pipes, ducts,structural members,wiring or conduits, steel mesh which may be discovered in the removal of walls or the cutting of openings in walls. Removal and replacement of existing rot or insect infestation. Failure of surrounding part of existing structure, despite Contractor's good faith efforts to minimize damage, such as plaster or drywall cracking and popped nails in adjacent rooms, or blockage of pipes or plumbing fixtures caused by loosened rust within pipes. Construction of continuously level foundation around structure(if lot is sloped more than 6 inches from front to back or side to side, Contractor will step the foundation in accordance with the slope of the lot). Exact matching of existing finishes. Repair of damage to existing roads,sidewalks, and driveways that could occur when construction equipment and vehicles are being used in the normal course of construction. 3. FEES FOR BUILDING PERMITS, PLANS, ENGINEERING &ARCHITECTURAL SERVICES, UTILITY CONNECTIONS,AND SPECIAL TESTING:This Agreement does not include the cost of coordinating or submitting for the permits, fees, and services referred to above. If Owner requests Contractor to coordinate any of these services or obtain any of the permits above, Contractor will perform this work on an hourly basis at the hourly rate of $ o " Owner(not Contractor) is to enter into contracts for all of the above-mentioned services and provide direct payment to the people or agencies contracted with for all of the services and permit fees in the paragraph above. If Owner requests that Contractor meet with Owner and architect or other design professionals to review the construction plans and specifications prior to completion of the final design documents, Contractor 4 will perform this work on an hourly basis at the hourly rate of: $ J� D. DATE OF WORK COMMENCEMENT AND SUBSTANTIAL COMPLETION Commence work: 011 J7 APO& & N Construction time through substantial completion: Approximately 14 to weeks/EDnot including delays and adjustments for delays caused by: holidays, inclement weather, accidents, shortage of labor or material, additional time required for performance of Change Order work(as specified in each Change Order), delays caused by Owner, and other delays unavoidable or beyond the control of the Contractor. E. EXPIRATION OF THIS AGREEMENT This Agreement will expire 30 days after the date at the top of page one of this Agreement if not accepted in writing by Owner and returned to Contractor within that time. \-�V✓ Com.. VGRM 2.1 ■ PAGE 3 OF 9 r . 100 ■ 2.1:Cosi Ptus-Fucw-FEE AGxEEmErrr E CONTRACTOR'S FEE Owner will pay Contractor the Contract Sum consisting of the Cost of the Work as defined in Section H of this Agreement,plus,as compensation for Contractor's profit and overhead, a fixed fee of. $ / G. PROGRESS PAYMENTS Based upon applications for paymee t and all supporting documentation submitted to Owner by Contractor on Thursday of:_every week/V every other week, Owner shall make a progress payment to Contractor as provided below on the following Friday of that week(the next day).The amount of each progress payment shall be calculated as follows and paid on or before the Friday following the date on which Contractor submitted the Pment aY request/invoice: Add up the total Cost of the Work as defined in Section H below,which has been performed during the payment period,add the appropriate percentage of Contractor's Fee, and the total of these two amounts will be due each Friday to Contractor. The percentage of Contractor's Fee due with each payment by Owner will be based on a"Schedule of Values" submitted by Contractor with this Agreement which shows the relative value of each phase of the work, e.g., foundation complete: 15%of Contractor's Fee;framing complete: 30%of Contractor's Fee; rough mechanical, rough electrical, rough plumbing complete: 15%of Contractor's Fee;etc. H. COSTS TO BE REIMBURSED Owner shall reimburse Contractor the Cost of the Work.The term"Cost of the Work" shall mean costs necessarily incurred by Contractor in good faith and in the proper performance of the work.The Cost of the Work shall include the items set forth in this section. 1. LABOR COSTS:Wages of construction workers directly employed by Contractor to perform the construction work("In-House Labor")will be paid as established by the Rate Schedule for Contractor's Personnel set forth below.This rate schedule is the gross amount to be charged for each worker(any and all applicable labor burden, medical and retirement benefits,bonuses, etc. have been factored into these rates). RATE SCHEDULE FOR ' CONTRACTOR S PERSONNEL WORKER RATE A. ►; :d C�yt� i $ JLC PER HR. B. Gni $ PER HR. C. CPA $ S� PER HR. D j $ Zo PER HR. E. ri— $ PER HR. F $ PER HR.* I *Clerical time spent preparing payment applications. G� FORM 2.1 ■ PAGE 4 OF 9 46 2.1:COST PLUS-FIXED-FEE AGREEMENT ■ 101 i 2. CONTRACTOR'S SUPERVISORY PERSONNEL:When Contractor or Contractor's employee is performing both carpentry work and supervisory work, there shall be no duplication of payment for such labor(i.e.,payment for both carpentry work and supervisory work at the same time). Owner will be billed for Contractor or Contractor's supervisory personnel performing off-site coordination activities or off-site job-related meetings directly related to the progress of the work.This off-site time billed to Owner shall not exceed 3 hourser week unless the off-site meeting irequested b Owner P gs re q Y or otherwise as agreed to in writing by Owner and Contractor. All accounting work and documentation preparation in connection with payment applications is a direct job cost which will be performed at the rate of$Z.✓`per hour.Accounting and document preparation work is guaranteed not to exceed 2- hours per payment application. 3. COST OF TIME SPENT PICKING UP MATERIALS AND MOBILIZING JOB:Time spent by Contractor and his employees at lumberyards and material supply houses (including travel time to and from) to pick up materials,and time required to move tools and equipment onto the job site at the start of the project and away from the site at the end of the project, is part of the Cost of Work. 4. SUBCONTRACT COSTS: Payments made to Subcontractors in accordance with the requirements of the Subcontracts is part of the Cost of Work for the project. 5. COST OF MATERIALS INCORPORATED INTO THE PROJECT.The cost of materials and equipment(and applicable sales tax, freight, or delivery charges) incorporated into the completed project is part of the Cost of the Work for the project.Any unused,excess materials shall be returned to the supplier for a credit.This credit will be issued to Owner along with the next billing by Contractor. G. COSTS OF OTHER MATERIALS,EQUIPMENT, TEMPORARY EQUIPMENT,TAXES, SECURITY,AND RELATED ITEMS: a.The cost of temporary fencing, temporary sanitation,monthly utility fees paid directly by Contractor, k and rental equipment, including the costs of transporting and installing the equipment(if required). b.The cost of consumable supplies which are consumed during the course of the project,PP g e t, e. .,circular saw P 1 g blades, chalk,string line, reciprocating saw blades,wood stakes,forming lumber,pencils, etc.). No power tools or capital equipment will be paid for by Owner. Upon request by Owner,leftover consumable supplies will become the property of Owner at the end of the project. c. Costs of removal of debris from the site, and hauling and dump fees. d. Phone company charges for business-related phone calls. e.The cost of all taxes on the project itself imposed by local,state, or federal agencies related to the work (not including taxes on employees and subcontractors which have already been factored by Contractor into the labor rates above). f. Security costs required by Owner or deemed essential by Contractor. 7.EMERGENCY REPAIRS AND PRECAUTIONS:The Cost of the Work shall also include any actions taken in case of an emergency to prevent threatened damage, injury or loss to persons and property on the job site. G� FORM 2.1 ■ PAGE S OF 9 I M 7 � 102 ■ 2.1:Cosi PLUS-FnmD-FEE AGREEmiEtv'r I. COSTS NOT TO BE REIMBURSED The Cost of Work shall not include: 1.Any general insurance costs and state and federal taxes of Contractor(e.g.,worker's compensation, comprehensive general liability insurance,auto insurance, health insurance,or labor burden expenses such as state and federal employer taxes, etc.). Contractor has factored these costs into the Rate Schedule for Contractor's Personnel in Section H.1 above,or these costs will be paid out of Contractor's profit and overhead percentage. 2.Travel time to and from the job site for Contractor and his employees. Costs associated with travel time such as: gas,vehicle maintenance, mileage payments,vehicle insurance, etc. 3. Costs to purchase, repair,and maintain Contractor's tools,vehicles, and equipment. 4. Cellular phone charges (unless specifically agreed to in writing by Owner and Contractor). J. SUBCONTRACTS AND OTHER AGREEMENTS Any portions of the work that Contractor chooses to subcontract shall be performed under appropriate subcontracts with Contractor. Contractor will allow only skilled Subcontractors who are properly licensed, bonded, and insured in accordance with the terms of this Agreement to bid and perform work on this project. K ACCOUNTING RECORDS Contractor shall keep full and detailed accounts and exercise such controls as may be necessary for detailed and responsible financial management of all aspects of this Agreement. L.WORK PERFORMED BY OWNER OR OWNER'S SEPARATE CONTRACTORS AND MATERIALS FURNISHED BY OWNER Prior to the time Contractor has entered into subcontracts, Owner may designate his own Subcontractors for Contractor to work with on the project. However,Contractor has the right to prequalify and approve Owner's Subcontractors and require evidence of work experience, proper licensing,and insurance. Contractor has the right to refuse job-site access to Subcontractors who are not first prequalified by Contractor. Contractor's warranty will not extend to any work performed by Owner or Subcontractors who are not prequalified by Contractor. If Owner furnishes materials to the job site, Owner is responsible for verifying suitability of these materials prior to their delivery to the job site. M. CHANGES IN THE WORK AND PERSONS AUTHORIZED TO ORDER CHANGES 1. PEOPLE AUTHORIZED TO MAKE DESIGN DECISIONS AFFECTING THE COST OF THE WORK The following people are authorized to make design decisions which affect the Cost of the Work: (Please fill in line(s)above at time of signing Agreement) NORM 2.1 ■ PAGE 6 OF 9 i 2.1:Cosi Plus-FIXEn-FEE AGREEMENT ■ 103 I 2. CHANGES IN THE WORK AND ADDITIONAL CONTRACTOR'S FEE: During the course of the work, Owner may request Contractor to perform additional work. Owner may also alter the selection j of products or building design.Any significant decrease in the Scope of Work will reduce Contractor's Fee in an amount to be determined by Contractor. jAny significant increase in the Scope of Work(an increase that extends the time required to complete the work under normal circumstances by more than[Q%, or causes Contractor to hire additional labor to complete the work)will result in a proportional increase in Contractor's Fee. N. MISCELLANEOUS CONDITIONS 1. OWNER COORDINATION WITH CONTRACTOR Owner agrees to promptly furnish to Contractor all details and decisions about unspecified construction finishes and to consent to or deny changes in the Scope of Work that may arise so as not to delay the progress of the Work. Owner agrees to furnish Contractor with continual access to the job site. 2.WORK STOPPAGE AND TERMINATION OF AGREEMENT FOR DEFAULT: 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 in this Agreement, or if Owner repeatedly fails or refuses to furnish Contractor with access to the job site and/or product selections or information necessary for the advancement of Contractor's work. Simultaneous with stopping work on the project, the Contractor must give Owner written notice of the nature of Owner's default and must also give the Owner a 14-day period in which to cure this default. I If work is stopped due to any of the above reasons (or for any other material breach of contract by Owner) for a period of 14 days, and the Owner has failed to take significant steps to cure his default, then Contractor may,without prejudicing any other remedies Contractor may give ive written notice of termination of the Agreement to Owner and demand payment for all completed work and materials ordered through the date of work stoppage, and any other loss sustained by Contractor, including Contractor's Profit and Overhead at the rate of 10 %on the balance of the incomplete work under the Agreement.Thereafter, Contractor is relieved from all other contractual duties, including all Punch List and warranty work. 3. INTEREST CHARGES: Interest in the amount of JL" %per month will be charged on all late payments under this Agreement. "Late Payments" are defined as any payment not received within (00_ days of receipt of invoice from Contractor. 4. CONTRACTOR NOT TO BE RELIED UPON AS ARCHITECT,ENGINEER, OR DESIGNER.- The ESIGNERThe Contractor is not an architect, engineer, or designer. Contractor is not being hired to perform any of these services.To the extent that Contractor makes any suggestions in these areas, the Owner acknowledges and agrees that Contractor's suggestions are merely options that the Owner may want to review with the appropriate design professional. Contractor's suggestions are not a substitute for professional engineering, architectural, or design services, and are not to be relied on as such by Owner. i FORM 2.1 ■ PAGE 7 OF 9 i I 104 ■ 2.1:Cosi Ptus-Fmn-FEE AGxEEnmNrr . LIEN N RELEASES:Upon request of Owner, Contractor and Subcontractors will issue appropriate p q pp prate hen releases prior to receiving final payment from Owner. O. DISPUTE RESOLUTION AND ATTORNEY'S FEES Any controversy or claim arising out of or related to this Agreement involving an amount of less than$5,000 (or the maximum limit of the court) must be heard in the Small Claims Division of the Municipal Court in the county where the Contractor's office is located.Any controversy or claim arising out of or related to this Agreement which is over the dollar limit of the Small Claims Court must be settled by binding arbitration administered by the American Arbitration Association in accordance with the Construction Industry Arbitration Rules.Judgment upon the award may be entered in any Court having jurisdiction thereof. The prevailing party in any legal proceeding related to this Agreement shall be entitled to payment of reasonable attorney's fees,costs,and expenses. P. INSURANCE Owner shall pay for and maintain"Course of Construction"or`Builder's Risk" or any other insurance that provides the same type of coverage to the Contractor's work in progress during the course of the project. It is Owner's express responsibility to insure dwelling and all work in progress against all damage caused by fire and Acts of God such as earthquakes, floods,etc. Q WARRANTY Contractor provides a limited warranty on all Contractor-and Subcontractor-supplied labor and materials used in this project for a period of one year following substantial completion of all work. No warranty is provided by Contractor on any materials furnished by the Owner for installation.No warranty is provided on any existing materials that are moved and/or reinstalled by the Contractor within the dwelling (including any warranty that existing/used materials will not be damaged during the removal and reinstallation process). One year after substantial completion of the project, the Owner's sole remedy(for materials and labor) on all materials that are covered by a manufacturer's warranty is strictly with the manufacturer, not with the Contractor. Repair of the following items is specifically excluded from Contractor's warranty: Damages resulting from lack of Owner maintenance; damages resulting from Owner abuse or ordinary wear and tear; deviations that arise such as the minor cracking of concrete, stucco and plaster;minor stress fractures in drywall due to the curing of lumber;warping and deflection of wood;shrinking/cracking of grouts and caulking;fading of paints and finishes exposed to sunlight. THE EXPRESS WARRANTIES CONTAINED HEREIN ARE IN LIEU OF ALL OTHER WARRANTIES,EXPRESS OR IMPLIED,INCLUDING ANY WARRANTIES OF j MERCHANTABILITY, HABITABILITY, OR FITNESS FOR A PARTICULAR USE OR PURPOSE. THIS LIMITED WARRANTY EXCLUDES CONSEQUENTIAL AND INCIDENTAL DAMAGES AND LIMITS THE DURATION OF IMPLIED WARRANTIES TO THE FULLEST EXTENT PERMISSIBLE UNDER STATE AND FEDERAL LAW. NORM 2.1 ■ PAGE 8 OF 9 4b- . 2.1:COST PLUS-FutED-FEE AGREEMENT ■ 105 R.ENTIRE AGREEMENT, SEVERABILITY,AND MODIFICATION This Agreement represents and contains the entire agreement between the parties. Prior discussions or verbal representations by Contractor or Owner that are not contained in this Agreement are not a part of this Agreement. In the event that any provision of this Agreement is at any time held by a Court to be invalid or unenforceable, the parties agree that all other provisions of this Agreement will remain in full force and effect. Any future modification of this Agreement must be made in writing and executed by Owner and Contractor in order to be valid and binding upon the parties. S.ADDITIONAL LEGAL NOTICES REQUIRED BY STATE OR FEDERAL LAW /Yes; t . eWorC.See pages) attached: No ,� 5 �w� t&of T.ADDITIONAL TERMS AND CONDITIONS See page(s) attached: Yes;ZNo I have read and understood, and I agree to, all of the terms and conditions in the Agreement above. Date: t 7 t2l 2-OLn CONT TbR'S SIGNATURE Date: V1'YC ( 7 t OWNER'S SIGNATURE Date: OWNER'S SIGNATURE 70RM 2.7 ■ PAGE 9 OF 9 j t � . 106 ■ 2.1:Cosi Plus-FDCED-FEE AGREEMENT—ANNoTATED 2.1 ■ COST PLUS-FIXED-FEE AGREEMENT s x � i g Charlie Contractor Construction, I 123 Hammer Lane Anywhere, OSA 33333 Phone: (123) 456-789 Fax: (123) 456-789 Lic#: 11111 DATE: May 2001 OWNER'S NAME: Mr. &%Mr Har /Homeowner ADDRESS: 333 Swift t- Anywhere, UPX33333 PROJECT ADDRESS: same I. PARTIES This contract(hereinafter r/and as "Agreement") is de and entered into on this 22nd day of May ,20 01 , tween Har and elen Homeowner , (hereinafter referred to as "Owner");and Chartractor Construct'on Inc. , (hereinafter referred to as "Contractor"). In consid ation of the mutual promises contai d herein, Contractor agrees to perform the following work: 23 i\ '3 II #Y4.iiyf.fcte$ f` 3 A 43' 1x fin $.Ya 3 s �° ....«... ..... ...,v .. .,...a <n<... 3 �<.aF<.w..v...w�...Sx.....a < R,. <.o. ..i_........_.._..,x\a3 $�, ......'�.r..o. II. GENE COPE OF WORK DESCRIPTION 1. Furnish abor, materials, tools,equipment, and supervision to constr t the addition to Owner's residence a cording to the plans by Art Architect , dated Aucrust 2001 six vages . (Addict al Scope of Work page(s) attached: Yes X No) i Pa csulmn de aer #cl is c�fi#[ Scop =6Is irk 16 Refer'�`Ytf INITIAL [ t s tIQIa of the plates end srectflcatiblts�It filch yob zlave bas `Ira rxrrz(I , u cc -'ciu it any �MdA) 'M46 c� 'u"W occur € t e r�tr Cp$ �s ----- m:.«L,Y�..y .�....�".....r.„._...,,.;g.. ..,..__m ....x.Lx.„, ..S_,....._2._w..,�»,;...r,..._:,......w3....aaM.:..........._`as......,..�.,�.„,�-.0 .� �,y;,„...'i✓ Tf' _ L S�v E i t � s r 7 f f 2 t w TRAM^