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Building Permit #402 - 140 PRESCOTT STREET 11/15/2006
TOWN OF NORTH ANDOVER APPLICATION FOR PLAN EXAMINATION o�No oT;1ti ` Permit NO: Date Received it a +� tl� i O �wTto {� Date Issued: S�CHus IMPORTANT: Applicant must complete all items on this page i LOCATION 140 Ppagoot:t Std Print I PROPERTY OWNER GgxEds Hm1ft are (Prim tt Hyl I Print � MAP NO.: y PARCEL: ZONING DISTRICT: TYPE AND USE OF BUILDING HISTORIC DISTRICT YES ❑ TYPE OF IMPROVEMENT PROPOSED USE Residential Non-Residential 0 New Building ❑One family QAddition 0 Two or more family ❑ Industrial fA Alteration No.of units: 0 Repair,replacement 0 Assessory Bldg 61 Commercial 0 Demolition 0 Moving relocation 0 Other ❑ Others: ❑ Foundation only DESCRIPTION OF WORK TO BE PREFORMED Tn:tgmri wall and ceiling finishes and associated sprinkler, plumbing, HVAC, and electrical renovations. Identification Please Type or Print Clearly) OWNER: Name: G3msis Ha Ifte a Phone:978=247-5077 Address: 200 BddztcM Sgmwe, A'd:,.w, M CONTRACTOR Name: R.P. Masiello, Inc. Phone: 5cF—oA4-ern Address: M BoK 742, 38 Main StxsE!t, Bvylstcn, NPS 01505 7) Supervisor's Construction License: 6 086595 Exp. Date: 3/21/07 Home Improvement License: Exp. Date: ARCHITECUENGINEER M30bm Archibects Name: Phone: 860-548-0802 Address: QP-Fbl g Sq., Wast, HntEcrd, Cr 06106 Reg. No. 5389 j FEE SCHEDULE:BULDING PERMIT.SI2.00 PER$1000.00 OF THE TOTAL ESTIMATED COST ASED ON$125.00 PER SF. Total Project Cost 304600. 00FEE:$ Check No.: Receipt No.: l Page W4 4 TYPE OF SEWERAGE DISPOSAL Swimming Pools ❑ Tanning/Massage/Body Art ❑ ' Public Sewer 0 Well El Tobacco Sales E] Food Packaging/Sales ❑ � ElPermanent Dumpster on Site Private(septic tank,etc. El Permanent Meter location to_; project NOTE: Persons contracting with unregistered contractors do not have access to the guarantyfund Signature of Agent/Owner Signature of contractor Plans Submitted ® Plans Waived ❑ Certified Plot Plan ❑ Stamped Plans � THE FOLLOWING SECTIONS FOR OFFICE USE ONLY INTERDEPARTMENTAL SIGN OFF-U FORM DATE REJECTED DATE APPROVED PLANNING&DEVELOPMENT ❑ ❑ COMMENTS DATE REJECTED DATE APPROVED CONSERVATION ❑ ❑ COMMENTS DATE REJECTED DA PROVED IV HEALTH El2117 I COMMENTS L� Fly: DEPARTMENT -Temp Dumpster on site yes no Fire Department signature/date COMMENTS Zoning Board of Appeals: Variance, Petition No: Zoning Decision/receipt submitted yes Planning Board Decision: Comments G, Conservation Decision: Comments - ,.r Water& Sewer Connection/Sienature& Date Driveway'Permit t- Building Setback( Front Yard Side Yard Rear Yard FRequired Provided Required Provides Required Provided Dimension Number of Stories: Total square feet of floor area,based on Exterior dimensions. Total land area, sq. ft.: NOTES and DATA— or department use Page 3 of 4 Doc:INSPECTIONAL SERVICES DEPARTMENT:BPFORM05 Created 1MC.Jan.2006 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 o Building Permit Application o Workers Comp Affidavit o Photo Copy Of H.I.C. And/Or C.S.L. Licenses o Copy of Contract ❑ Floor Plan Or Proposed Interior Work Addition Or Decks o Building Permit Application o Surveyed Plot Plan ❑ Workers Comp Affidavit o Photo Copy of H.I.C. And C.S.L. Licenses o Copy Of Contract o Floor/Crossection/Elevation Plan Of Proposed Work With Sprinkler Plan And Hydraulic Calculations (If Applicable) o Mass check Energy Compliance Report (If Applicable) New Construction (Single and Two Family) ❑ Building Permit Application ❑ Certified Proposed Plot Plan o Photo of H.I.C. And C.S.L. Licenses o Workers Comp Affidavit ❑ Two Sets of Building Plans (One To Be Returned) to Include Sprinkler Plan And Hydraulic Calculations (If Applicable) o Copy of Contract o Mass check Energy Compliance Report 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:aPFORNIN Page 4 of 4 Location Mb 19tfe No. 4 Date �aRT•, TOWN OF NORTH ANDOVER 3? � •SOL f 9 Certificate of Occupancy $ Building/Frame Permit Fee $ 6 swCHus Foundation Permit Fee $ " Other Permit Fee $ TOTAL $ Check # 19808 Building Inspector - .--� B 812 4 6 BE1246 411~ .a = { P' •'h F f Mtg:Reo.B.u25,P.301. ItnOW aU Aen by tfjege lregentg I !,' d AA N M e u lAe Iawteaa,L.Mp Mahow"A. the within Monp+e,aetn.wled+n sildwiai •l'10 VfYP • by TRUSTEES of THE DOHERTY TRUST: ' to rimer wrenw. the'sid tawn"m a.inp bank h.s caused Its mp.na seal a,�•e i. I i Ret Declaration of Trust (The Doherty Trust) ~k0 b`r`""Firs�°id "i0 t""`�"""'� be"iDiHbid°7 iu fteararee,far dated December 31, 1948• as amended, duly ad August a a t/ 7Y , S 1 } roeorded with North Eeoex Registry of Deeds+ .• u e. sxvt e�11c' S. 'Book.719, .Pago 184 (and see Certificate of Amendment continuing the DOHMITY TRUST re- r i r1 �' � i � . E i corded on December 30, 1968 in North District Essex `� sa N. Lereot►, •� • ; Tea�ie�e I i �, Registry of Deeds in Book 1122, Page 76.) { ugust 1i+at/aaara,.am, •�llbeax n August 1, If 7't7M+t peronaiy appneed I Mrs eb..e suaed G"ta N. Lareon Trnwrn.,d.anmdedpol j } } it�• OERTIFICATE of CLERK of THE D02TERTY TRUST:-- l f I I _ We 1001"Ps hreuse"ro be the free,a and Mad N,he Lwnna a.ings I I hereby certify that the following is a true copy of the t Mni� .a .-..:,...� v I fj a Vote adopted by the Trustees of the Aoherty Trust at a meeting 1'e7 w'T✓TL,:,,-.,I�Ir �r KOM hbat:J ' i r # s MM i EXPIRES JUNE kl, 1U79 of the Trustees held on July 25, 1974, at which meeting all of tt �I f 3 � Recortiod Aug-1,1974 at the Trustees were present and voting; it was337 #5981 EDt That the Trustees of the Trust be and they hereby j VCT directed to borrow ? 4 are authorized, empowered and d , Q� - the sum of TWENTY-ONE THOUSAND DOLLARS ($21,000.00) ' { from the Merrimack Valley National Bank, at nine j k and three-quarters per centum per annum interest f t ( on a demand basis and to sign a promissory note THE eowwollwswLTN Or MAfaACMUaftl7a I, reciting said terms, and to execute as securityI ; NOR•wAND4VStt. o for said loan a mortgage on the real property of the Trust situated at 21 Elm Street in Andover, Essex County,,Plassachusetts; and to do such other BOARD OF APPEALS things and to execute such other documents as may i - . be necessary and proper to effect the foregoing. i y" I �. ; »....„...�..r.„..._..�F.=:u i�r....„_..1973 , . �,:� +`mss• IN WITNESS WHf1iE0F, I,William A. Doherty, Clerk, of said 1, �' p`•' The Doherty Trust, hereby affix my signature this "wenty-fifth NOTICE OF VARIANCE IS of July, 1974. ` i Conditional or Limited Variance or Special Permit q61 (Gawce4 L.we O.per dOM e.niw)a se u—dd) -c F (' Notice is hereby given that a Conditional or Limited Variance or Smcial Permit has been granted William A. Dohc ty, Clerk JoeeP.h.. lomo?!ft. P .... _ „......„. it COMMONWEALTH OF MASSACHUSETTS g o.n.a w rau... i y i Addre+a.» ............................................................„........................ ... .......... Essex, es. Andover, July 25, 197x g+ City or Town....»................................................................................ .......................... Thea personally appeared the above-named William A. Doherty, 5 „_,.»„...„.„..._ .........._. .......1!t. Prescott Street .............................. Clerk of The Doherty Trust, and acknowledged the foregoing to be 1e�W '�"''"•' his free sat add deed, before mer i =_ ...........�.....„_...............................................................................................» R North,Andover i : 1 by the Town of.................... ..............................._...Board of Appeal+affecting the wa an t' rights of the owner with respect to the use of premises oa Notary Publi i .... ..... .. _ My commission expires Peb. 20, 1961- _ .......... t...........»..„..... . the record title standing in the name of cto�+n........ 140 Prescott Street North Mdorer Naea. Recorded .Aug.1,1974 at 3:24PM #5980 I ...„....PalmFr_„ttealtY..Trust........»„...........„.................................................................... L {. whose address is.....................r.................................................................... ......................... »..... �. f by a deed duly recorded in the.Nor ttL..E.sex.—.—..County Registry of Deeds o Book t 1051 400 ....Page....................................._.....».......................Registry District of the Lod Court 1 Gam' ii Certificate No........................._.......Book................Page................ The decision of said Board is on file wide the paper,in Decision or Case No.Ael)..._..„ ' in the office of the Townt Clerk.......kIRCi►1.MKlQ!!!!T.►..1lIIQRr........_................................. ....... i • .- ,:. Certified this...13ttday of............AY+.'u.........................19 7 I t Board of Appeal 1973 Board .................... ' I ........ a...a I„a+tr ........... ..CUrk Recorded Aug-1,1974 at 3:46PM #5982 (: ... - -.am....__-..::awM.._ .•ser :a -- �1a'” i , F ���l �l-� � h �4ns� n� %r (--C ` %ORTH '9 Town of 10 No. too 700V zo over, Mass. '/two 2COCKICMEWICK y1. ADRATED PPS` �� `S BOARD OF HEALTH PERMIT T D Food/Kitchen Septic System BUILDING INSPECTOR THIS CERTIFIES THAT..... ......�4r."W...... ................. ........................... Foundation has permission to erect........................................ b 'Idings on ��� J ................ Rough ......... .. .................................................. ..... to be occupied,as.. ! l��,/t►. . .................•1► N • • J Chimney ....... ....... ... p .1 +x. ..... ...........14... �Wi��iplffic /..4 ..... provided that the person accepting this permit shall in every respect conform to the termationon file inFinal 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 3 &S*lommPERMIT EXPIRES IN 6 MONTHS Final ELECTRICAL INSPECTOR UNLESS CONSTRUCTI S Rough .... ................. ...... . .. . .. ..... .. Service.............. ... ...... BUILDING INS OR Final Occupancy Permit Required to Occupy Building GAS INSPECTOR Display in a Conspicuous-Place on the Premises — Do Not Remove RoughFinal 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. THE COMMONWEALTH OF MASSACHUSETTS TOWN OF NORTH ANDOVER BUILDING DEPARTMENT CONSTRUCTION CONTROL AFFIDAVIT In accordance with Section 116.0 of the Massachusetts State Building Code, I, David Foster AA •?V 3 being a professional engineer-/architect, certify that I have reviewed the plans for Prescott House—Interior Renovations at Is'Floor- 140 Prescott Street, North Andover, MA and to the best of my knowledge such plans conform to the provision of said code, all acceptable engineering practices, all applicable laws and ordinances. And,further, that I will observe the construction as specified in Section 116.2.1 and submit reports as required by Section 116.2.2 of the Code. Architect or n-gineeSeal y Signature SUBSCRIBED AND SWORN TO BEFORE ME ON THIS DAY OF 0(f,)I::vu/— A.D. 20(�k. ��`��``��A•E My `ten•: - COMMISSION - NOTARY PUBLIt EXPIRES %y•' 4/3 9�c� 0/2011 N0 G� r '� '' ..... •.• MY COMMISSION EXPIRESCONN�.�`�� r, I I �1:e �omvnea�uuecall�c o�..�'��a�«vac�auaelta BOARD OF BUILDING REGULATIONS License: CONSTRUCTION SUPERVISOR Number: CS 086595 Birthdate: 07/2/11949 Expires: 07/2112007 Tr.no: 86595 Restricted: 00 WILLIAM J BABIN PO BOX 742 '""r' BOYLSTON, MA 01505 Administrator 00-35,000 d enclosed space (MGL CA 12 S.60L) 1A-Masonry only 1 G-1&2 Family Homes Failure to possess a current edition of the ' Massachusetts State Building Code is cause for revocation of this license. DIG SAFE CALL CENTER: (888)344-7233 I SAGIFAX 1212105 3:18PM SULLIVANJUS"AMRG'iiOUP'it4COU Mr11Lt.7 PAGE I ACORD- CERTIFICATE OF LIABILITY INSURANCEDATE(MMJDDI" 12/12/05 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Sullivan Insurance Group, Inc . ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE One Chestnut Place HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Worcester, MA 01608-2804 508 791-2241 INSURERS AFFORDING COVERAGE INSURED INSURER A:Hanover Insurance Company R.P. Masiello, Inc_ INSURER B: P 0 Box 742 Boylston, MA 01505 INSURER C: INSURER D: INSURER E: COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FORTHE 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 POLICYEFFECTIVE POLICY EXPIRATION LTR TYPEOFINSURANCE POLICYNUMBER DATE MM DD DATE MM DD LIMITS A GENERAL LIABILITY ZHN5107086 11/30/05 11/30/06 EACH OCCURRENCE $1,000,000 WX COMMERCIAL GENERAL LIABILITY FIRE DAMAGE(Any one fire) $100 ,000 CLAIMS MADEa OCCUR MED EXP(Any one person) s5, 000 X D Ded:2,500 PERSONAL&ADV INJURY $1, 000,000 G EN ERA L AGGR EGATE s2, 000,00-0 GEN'L AGGREGATE LI MIT APPLI ES PER PRODUCTS-COMP/OPAGG s2, 000, 000 POLICY PJECOR - T LOC A AUTOMOBILE LIABILITY AMN5276062 11/30/05 11/30/06 COMBINED SINGLE LIMIT $1 000 000 X ANYAUTO (Eanc ident) ALL OWNED AUTOS BODILYINJURY $ SCHEDULED AUTOS (Per person) X HIRED AUTOS BODILYINJURY $ X NON-OWNED AUTOS (Peracddent) X rive Other Car PROPERTY DAMAGE $ (Per accidenl) GARAG E LIABI LITY AUTO ONLY-EA ACCIDENT $ ANYAUTO EA ACC $ OTHER THAN AUTO ONLY: AGG $ A EXCESSLIABILITY BINDER103867 11/30/05 11/30/06 EACHOCCURRENCE s5, 000 ,000 X OCCUR 1-1 CLAIMS MADE AGGREGATE s5, 000,000 a $ DEDUCTIBLE $ RETENTION $ $ A WORKERS COMPENSATION AND WHN5470185 11/30/05 11/30/06 X TWpRYLIMITs OER EMPLOYERS'LIABILITY EL.EACH ACCIDENT s500 , 000 EL.DISEASE-EA EMPLOYEE s500 ,000 EL.DISEASE-POLICY LIMIT $500 r 000 OTHER DESCRIPTION OF OPERATIONSJLOCATIONSJVEHICLESJEXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS Evidence of Liability Insurance for the Named Insured CERTIFICATE HOLDER ADDITIONAL INSURED;INSURERLETTER: CANCELLATION SHOULDANYOFTH EABOVE DESCRIBED POLICIES 8ECANCELLED BEFORETHE EXPIRATION FOR INFORMATIONAL PURPOSES ONLY DATETHEREOF,THE ISSUING INSURER WILL ENDEAVOR TO MAIL DAYSWRITTEN NOTICETOTHE CERTIFICATE HOLDER NAM EDTO THE LEFT,BUTFAILURE TO DOSOSHALL IMPOSE NOOBLIGATION OR LIABILITYOF ANYKIND UPON TH E INSURER,ITS AGENTS OR REPRESENTATIVES. AUTHORIZED REPRESENTATIVE ACORD 25-S(7/97)1 of 2 #S61979/M61978 KJA 0 ACORD CORPORATION 1988 a •_ Document A107 - 1997 Abbreviated Standard Form of Agreement Between Owner and Contractor for Construction Projects of Limited Scope where the basis of payment is a STIPULATED SUM AGREEMENT made as of the 24th day of October in the year Two Thousand Six(2006) (In words, indicate day,month and year) BETWEEN the Owner: ADDITIONS AND DELETIONS: (Name,address and other information) The author of this document has added information needed for its IGenesis Health Ventures completion.The author may also Kennett Square,PA 19348 have revised the text of the original AIA standard form.An Additions and Deletions Report that notes added information as and the Contractor: well as revisions to the standard form text is available from the (Name,address and other information) author and should be reviewed. A vertical line in the left margin of PO Booxx 774 R.P. 4 2 lo,Inc. this document indicates where the author has added necessary 38 Main Street information and where the author Boylston,MA 01505 has added to or deleted from the original AIA text. This document has important legal consequences. the Project is: Consultation with an attorney (Name and location) is encouraged with respect to its completion or modification. Prescott House This Document includes 140 Prescott Street abbreviated General Conditions North Andover,MA 01845 and should not be used with other general conditions. This document has been the Architect is: approved and endorsed by The (Name, address and other information) Associated General Contractors of America. Tecton Architects,PC One Hartford Square West Hartford,CT 06106 The Owner and Contractor agree as follows. AIA Document A107TM—1997.Copyright©1936,1951,1958,1961,1963,1966,1970,1974,1978,1987 and 1997 by The American Institute of Architects. All rights reserved. WARNING:This AIAe Document Is protected by U.S.Copyright Law and International Treaties.Unauthorized reproduction or distribution of this AIA°Document,or any portion of It,may result in severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 11:35:05 on 11/06/2006 under Order No.1000206815_1 which expires on 11/15/2006,and is not for resale. User Notes: (2587764472) ARTICLE 1 THE WORK OF THIS CONTRACT The Contractor shall fully execute the Work described in the Contract Documents,except to the extent specifically indicated in the Contract Documents to be the responsibility of others. ARTICLE 2 DATE OF COMMENCEMENT AND SUBSTANTIAL COMPLETION §2.1 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. (Insert the date of commencement, if it differs from the date of this Agreement or, if applicable,state that the date will be fixed in a notice to proceed.) Within one(l)week of issuance of building permit §2.2 The Contract Time shall be measured from the date of commencement. §2.3 The Contractor shall achieve Substantial Completion of the entire Work not later than 133(One Hundred Thirty-Three Days days from the date of commencement,or as follows: (Insert number of calendar days.Alternatively,a calendar date may be used when coordinated with the date of commencement. Unless stated elsewhere in the Contract Documents, insert any requirements for earlier Substantial Completion of certain portions of the Work) ,subject to adjustments of this Contract Time as provided in the Contract Documents (Insert provisions, if any,for liquidated damages relating to failure to complete on time or for bonus payments for early completion of the Work.) ARTICLE 3 CONTRACT SUM §3.1 The Owner shall pay the Contractor the Contract Sum in current funds for the Contractor's performance of the Contract.The Contract Sum shall be Three Hundred Four Thousand,Six Hundred and no/100($304,600.00 ), subject to additions and deletions as provided in the Contract Documents. §3.2 The Contract Sum is based upon the following alternates,if any,which are described in the Contract Documents and are hereby accepted by the Owner: (State the numbers or other identification of accepted alternates.If decisions on other alternates are to be made by the Owner subsequent to the execution of this Agreement,attach a schedule of such other alternates showing the amount for each and the date when that amount expires.) None §3.3 Unit prices,if any,are as follows: Description Units Price($0.00) None ARTICLE 4 PAYMENTS §4.1 PROGRESS PAYMENTS §4.1.1 Based upon Applications for Payment submitted to the Ownert by the Contractor,the Owner shall make progress payments on account of the Contract Sum to the Contractor as provided below and elsewhere in the Contract Documents.The period covered by each Application for Payment shall be one calendar month ending on the last day of the month,or as follows: §4.1.2 Provided that an Application for Payment is received by the Owner not later than the 30th day of a month, the Owner shall make payment to the Contractor not later than the 30th day of the following month.If an AIA Document A1071u—1997.Copyright©1936,1951,1958,1961,1963,1966,1970,1974,1978,1987 and 1997 by The American Institute of Architects. All rights reserved. WARNING:This AIA Document is protected by U.S.Copyright Law and International Treaties.Unauthorized reproduction or 2 distribution of this AIA°Document,or any portion of It,may result in severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 11:35:05 on 11/06/2006 under Order No.1000206815_1 which expires on 11/15/2006,and is not for resale. User Notes: (2587764472) Application for Payment is received by the Owner after the date fixed above,payment shall be made by the Owner not later than thirty ( 30 )days after the Owner receives the Application for Payment. Progress payments shall be subject to 10%retainage which the Owner shall have the right to reduce after 50%completion of the project. §4.1.3 Payments due and unpaid under the Contract shall bear interest from the date payment is due at the rate stated below,or in the absence thereof,at the legal rate prevailing from time to time at the place where the Project is located. (Insert rate of interest agreed upon, if any.) current prime interest rate (Usury laws and requirements under the Federal Truth in Lending Act,similar state and local consumer credit laws and other regulations at the Owner's and Contractor's principal places of business, the location of the Project and elsewhere may affect the validity of this provision.Legal advice should be obtained with respect to deletions or modifications,and also regarding requirements such as written disclosures or waivers.) §4.2 FINAL PAYMENT §4.2.1 Final payment,constituting the entire unpaid balance of the Contract Sum,shall be made by the Owner to the Contractor when: .1 the Contractor has fully performed the Contract except for the Contractor's responsibility to correct Work as provided in Section 17.2,and to satisfy other requirements,if any,which extend beyond final payment; . (Paragraph deleted) §4.2.2 The Owner's final payment to the Contractor shall be made no later than 30 days after the issuance of the final Certificate for Payment,or as follow: ARTICLE 5 ENUMERATION OF CONTRACT DOCUMENTS §5.1 The Contract Documents are listed in Article 6 and,except for Modifications issued after execution of this Agreement,are enumerated as follows: §5.1.1 The Agreement is this executed 1997 edition of the Abbreviated Standard Form of Agreement Between Owner and Contractor,AIA Document A107-1997. §5.1.2 The Supplementary and other Conditions of the Contract are those contained in the Project Manual dated January 12,2006 by Genesis Health Venture. Document Title Pages Pre-Bid Meeting Notes December 15,2005 Four(4) Engineering Bulletin One January 12,2006 One(1) Supplementary General Conditions January 12,2006 Four(4) A.I.A.Document A701-1997 Instruction to January 12,2006 Six(6) Bidders §5.1.3 The Specifications are those contained in the Project Manual dated as in Section 5.1.2,and are as follows: (Either list the Specifications here or refer to an exhibit attached to this Agreement.) Outline specification—Prescott House dated January 12,2006 totaling(7 1)pages. §5.1.4 The Drawings are as follows,and are dated unless a different date is shown below: (Either list the Drawings here or refer to an exhibit attached to this Agreement.) AIA Document A107Tm—1997.Copyright©1936,1951,1958,1961,1963,1966,1970,1974,1978,1987 and 1997 by The American Institute of Architects. All rights reserved. WARNING:This AIA°Document is protected by U.S.Copyright taw and International Treaties.Unauthorized reproduction or $ distribution of this A10 Document,or any portion of it,may result in severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 11:35:05 on 11/06/2006 under Order No.1000206815_1 which expires on 11/15/2006,and is not for resale. User Notes: (2587764472) Architectural,Structural and MEP drawings dated November 28,2005 with Revision#1 (1/12/06)and Revision#2 (2/28/06). —Total pages thirty-three(33) §5.1.5 The Addenda,if any,are as follows: Number Date Pages One(1) January 11,2006 Four(4) Portions of Addenda relating to bidding requirements are not part of the Contract Documents unless the bidding requirements are also enumerated in this Article 5. §5.1.6 Other documents,if any,forming part of the Contract Documents are as follows: (List any additional documents which are intended to form part of the Contract Documents.) Two page"Work Not Included/Qualifications"by R.P.Masiello,Inc. GENERAL CONDITIONS ARTICLE 6 GENERAL PROVISIONS §6.1 THE CONTRACT DOCUMENTS The Contract Documents consist of this Agreement with Conditions of the Contract(General,Supplementary and other Conditions),Drawings,Specifications,Addenda issued prior to the execution of this Agreement,other documents listed in this Agreement and Modifications issued after execution of this Agreement.A Modification is (1)a written amendment to the Contract signed by both parties,(2)a Change Order,(3)a Construction Change Directive or(4)a written order for a minor change in the Work issued by the Architect.The intent of the Contract Documents is to include all items necessary for the proper execution and completion of the Work by the Contractor. The Contract Documents are complementary,and what is required by one shall be as binding as if required by all; performance by the Contractor shall be required to the extent consistent with the Contract Documents and reasonably inferable from them as being necessary to produce the indicated results. §6.2 THE CONTRACT The Contract Documents form the Contract for Construction.The Contract represents the entire and integrated agreement between the parties hereto and supersedes prior negotiations,representations or agreements,either written or oral.The Contract may be amended or modified only by a Modification.The Contract Documents shall not be construed to create a contractual relationship of any kind(1)between the Architect and Contractor,(2)between the Owner and a Subcontractor or sub-subcontractor,(3)between the Owner and Architect or(4)between any persons or entities other than the Owner and Contractor. §6.3 THE WORK The term"Work"means the construction and services required by the Contract Documents,whether completed or partially completed,and includes all other labor,materials,equipment and services provided or to be provided by the Contractor to fulfill the Contractor's obligations.The Work may constitute the whole or a part of the Project. §6.4 EXECUTION OF THE CONTRACT Execution of the Contract by the Contractor is a representation that the Contractor has visited the site,become generally familiar with local conditions under which the Work is to be performed and correlated personal observations with requirements of the Contract Documents. §6.5 OWNERSHIP AND USE OF ARCHITECT'S DRAWINGS,SPECIFICATIONS AND OTHER INSTRUMENTS OF SERVICE The Drawings,Specifications and other documents,including those in electronic form,prepared by the Architect and the Architect's consultants are Instruments of Service through which the Work to be executed by the Contractor is described.The Contractor may retain one record set.Neither the Contractor nor any Subcontractor,sub- subcontractor or material or equipment supplier shall own or claim a copyright in the Drawings,Specifications and other documents prepared by the Architect or the Architect's consultants,and unless otherwise indicated the Architect and the Architect's consultants shall be deemed the authors of them and will retain all common law, statutory and other reserved rights,in addition to the copyrights.All copies of them,except the Contractor's record AIA Document A107TM—1997.Copyright©1936,1951,1958,1961,1963,1966,1970,1974,1978,1987 and 1997 by The American Institute of Architects. All rights reserved. WARNING:This AIA°Document Is protected by U.S.Copyright Law and International Treaties.Unauthorized reproduction or 4 distribution of this A10 Document,or any portion of It,may result in severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 11:35:05 on 11/06/2006 under Order No.1000206815_1 which expires on 11/15/2006,and is not for resale. User Notes: (2587764472) set,shall be returned or suitably accounted for to the Architect,on request,upon completion of the Work.The Drawings,Specifications and other documents prepared by the Architect and the Architect's consultants,and copies thereof furnished to the Contractor,are for use solely with respect to this Project.They are not to be used by the Contractor or any Subcontractor,sub-subcontractor or material or equipment supplier on other projects or for additions to this Project outside the scope of the Work without the specific written consent of the Owner,Architect and the Architect's consultants.The Contractor,Subcontractors,sub-subcontractors and material or equipment suppliers are authorized to use and reproduce applicable portions of the Drawings,Specifications and other documents prepared by the Architect and the Architect's consultants appropriate to and for use in the execution of their Work under the Contract Documents.All copies made under this authorization shall bear the statutory copyright notice,if any,shown on the Drawings,Specifications and other documents prepared by the Architect and the Architect's consultants.Submittal or distribution to meet official regulatory requirements or for other purposes in connection with this Project is not to be construed as publication in derogation of the Architect's or Architect's consultants'copyrights or other reserved rights. ARTICLE 7 OWNER §7.1 INFORMATION AND SERVICES REQUIRED OF THE OWNER §7.1.1 The Owner shall furnish and pay for surveys and a legal description of the site. §7.1.2 The Contractor shall be entitled to rely on the accuracy of information furnished by the Owner but shall exercise proper precautions relating to the safe performance of the Work. §7.1.3 Except for permits and fees which are the responsibility of the Contractor under the Contract Documents,the Owner shall secure and pay for other necessary approvals,easements,assessments and charges required for the construction,use or occupancy of permanent structures or permanent changes in existing facilities. §7.2 OWNER'S RIGHT TO STOP THE WORK If the Contractor fails to correct Work which is not in accordance with the requirements of the Contract Documents, or persistently fails to carry out the Work in accordance with the Contract Documents,the Owner may issue a written order to the Contractor to stop the Work,or any portion thereof,until the cause for such order is eliminated; however,the right of the Owner to stop the Work shall not give rise to a duty on the part of the Owner to exercise this right for the benefit of the Contractor or any other person or entity. In addition,the Owner may stop the work at anytime for any reason. Should this happen,the Owner shall pay the contractor for any costs incurred by the stoppage of work plus 10%for profit and overhead. §7.3 OWNER'S RIGHT TO CARRY OUT THE WORK If the Contractor defaults or persistently fails or neglects to carry out the Work in accordance with the Contract Documents,or fails to perform a provision of the Contract,the Owner,after 10 days' written notice to the Contractor and without prejudice to any other remedy the Owner may have,may make good such deficiencies and may deduct the reasonable cost thereof,including Owner's expenses and compensation for the Architect's services made necessary thereby,from the payment then or thereafter due the Contractor. ARTICLE 8 CONTRACTOR §8.1 REVIEW OF CONTRACT DOCUMENTS AND FIELD CONDITIONS BY CONTRACTOR §8.1.1 Since the Contract Documents are complementary,before starting each portion of the Work,the Contractor shall carefully study and compare the various Drawings and other Contract Documents relative to that portion of the Work,as well as the information furnished by the Owner pursuant to Section 7.1.1,shall take field measurements of any existing conditions related to that portion of the Work and shall observe any conditions at the site affecting it. These obligations are for the purpose of facilitating construction by the Contractor and are not for the purpose of discovering errors,omissions or inconsistencies in the Contract Documents;however,any errors,omissions or inconsistencies discovered by the Contractor shall be reported promptly to the Architect as a request for information in such form as the Architect may require. §8.1.2 Any design errors or omissions noted by the Contractor during this review shall be reported promptly to the Architect,but it is recognized that the Contractor's review is made in the Contractor's capacity as a contractor and not as a licensed design professional unless otherwise specifically provided in the Contract Documents. I j AIA Document A107Tm—1997.Copyright©1936,1951,1958,1961,1963,1966,1970,1974,1978,1987 and 1997 by The American Institute of Architects. All rights reserved. WARNING:This AIA®Document is protected by U.S.Copyright Law and International Treaties.Unauthorized reproduction or 5 distribution of this AIA°Document,or any portion of It,may result In severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 11:35:05 on 11/06/2006 under Order No.1000206815_1 which expires on 11/15/2006,and is not for resale. User Notes: (2587764472) I §8.2 SUPERVISION AND CONSTRUCTION PROCEDURES §8.2.1 The Contractor shall supervise and direct the Work,using the Contractor's best skill and attention.The Contractor shall be solely responsible for and have control over construction means,methods,techniques,sequences and procedures,and for coordinating all portions of the Work under the Contract,unless the Contract Documents give other specific instructions concerning these matters.If the Contract Documents give specific instructions concerning construction means,methods,techniques,sequences or procedures,the Contractor shall be fully and solely responsible for the jobsite safety thereof unless the Contractor gives timely written notice to the Owner and Architect that such means,methods,techniques,sequences or procedures may not be safe. §8.2.2 The Contractor shall be responsible to the Owner for acts and omissions of the Contractor's employees, Subcontractors and their agents and employees,and other persons or entities performing portions of the Work for or on behalf of the Contractor or any of its Subcontractors. §8.3 LABOR AND MATERIALS §8.3.1 Unless otherwise provided in the Contract Documents,the Contractor shall provide and pay for labor, materials,equipment,tools,construction equipment and machinery,water,heat,utilities,transportation,and other facilities and services necessary for proper execution and completion of the Work whether temporary or permanent and whether or not incorporated or to be incorporated in the Work. §8.3.2 The Contractor shall enforce strict discipline and good order among the Contractor's employees and other persons carrying out the Contract.The Contractor shall not permit employment of unfit persons or persons not skilled in tasks assigned to them. §8.3.3 The Contractor shall deliver,handle,store and install materials in accordance with manufacturers' instructions. §8.3.4 The Contractor may make substitutions only with the consent of the Owner,after evaluation by the Architect and in accordance with a Change Order. §8.4 WARRANTY The Contractor warrants to the Owner and Architect that materials and equipment furnished under the Contract will be of good quality and new unless otherwise required or permitted by the Contract Documents,that the Work will be free from defects not inherent in the quality required or permitted,and that the Work will conform with the requirements of the Contract Documents.Work not conforming to these requirements,including substitutions not properly approved and authorized,may be considered defective.The Contractor's warranty excludes remedy for damage or defect caused by abuse,modifications not executed by the Contractor,improper or insufficient maintenance,improper operation or normal wear and tear and normal usage. §8.5 TAXES The Contractor shall pay sales,consumer,use and other similar taxes which are legally enacted when bids are received or negotiations concluded. §8.6 PERMITS,FEES AND NOTICES §8.6.1 Unless otherwise provided in the Contract Documents,the Contractor shall secure and pay for the building permit and other permits and governmental fees,licenses and inspections necessary for proper execution and completion of the Work. I §8.6.2 The Contractor shall comply with and give notices required by laws,ordinances,rules,regulations and lawful orders of public authorities applicable to performance of the Work.The Contractor shall promptly notify the Architect and Owner if the Drawings and Specifications are observed by the Contractor to be at variance therewith. If the Contractor performs Work knowing it to be contrary to laws,statutes,ordinances,building codes,and rules and regulations without such notice to the Architect and Owner,the Contractor shall assume appropriate responsibility for such Work and shall bear the costs attributable to correction. AIA Document A107TM—1997.Copyright©1936,1951,1958,1961,1963,1966,1970,1974,1978,1987 and 1997 by The American Institute of Architects. All rights reserved. WARNING:This AIAe Document Is protected by U.S.Copyright Law and International Treaties.Unauthorized reproduction or 6 distribution of this AIAe Document,or any portion of It,may result In severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 11:35:05 on 11/06/2006 under Order No.1000206815_1 which expires on 11/15/2006,and is not for resale. User Notes: (2587764472) §8.7 SUBMITTALS §8.7.1 The Contractor shall review for compliance with the Contract Documents,approve in writing and submit to the Architect Shop Drawings,Product Data,Samples and similar submittals required by the Contract Documents with reasonable promptness.The Work shall be in accordance with approved submittals. §8.7.2 Shop Drawings,Product Data,Samples and similar submittals are not Contract Documents. §8.8 USE OF SITE The Contractor shall confine operations at the site to areas permitted by law,ordinances,permits and the Contract Documents and shall not unreasonably encumber the site with materials or equipment. §8.9 CUTTING AND PATCHING The Contractor shall be responsible for cutting,fitting or patching required to complete the Work or to make its parts fit together properly. §8.10 CLEANING UP The Contractor shall keep the premises and surrounding area free from accumulation of waste materials or rubbish caused by operations under the Contract. At completion of the Work,the Contractor shall remove from and about the Project waste materials,rubbish,the Contractor's tools,construction equipment,machinery and surplus material. §8.11 ROYALTIES,PATENTS AND COPYRIGHTS The Contractor shall pay all royalties and license fees;shall defend suits or claims for infringement of copyrights and patent rights and shall hold the Owner and Architect harmless from loss on account thereof,but shall not be responsible for such defense or loss when a particular design,process or product of a particular manufacturer or manufacturers is required by the Contract Documents,or where the copyright violations are contained in Drawings, Specifications or other documents prepared by the Owner or Architect,unless the Contractor has reason to believe that there is an infringement of patent or copyright and fails to promptly furnish such information to the Architect. §8.12 ACCESS TO WORK The Contractor shall provide the Owner and Architect access to the Work in preparation and progress wherever located. §8.13 INDEMNIFICATION §8.13.1 To the fullest extent permitted by law and to the extent claims,damages,losses or expenses are not covered by Project Management Protective Liability insurance purchased by the Contractor in accordance with Section 16.3, the Contractor shall indemnify and hold harmless the Owner,Architect,Architect's consultants and agents and employees of any of them from and against claims,damages,losses and expenses,including but not limited to attorneys' fees,arising out of or resulting from performance of the Work,provided that such claim,damage,loss or expense is attributable to bodily injury,sickness,disease or death,or to injury to or destruction of tangible property (other than the Work itself),but only to the extent caused by the negligent acts or omissions of the Contractor,a Subcontractor,anyone directly or indirectly employed by them or anyone for whose acts they may be liable, regardless of whether or not such claim,damage,loss or expense is caused in part by a party indemnified hereunder. Such obligation shall not be construed to negate,abridge,or reduce other rights or obligations of indemnity which would otherwise exist as to a party or person described in this Section 8.13. §8.13.2 In claims against any person or entity indemnified under this Section 8.13 by an employee of the Contractor, a Subcontractor,anyone directly or indirectly employed by them or anyone for whose acts they may be liable,the indemnification obligation under Section 8.13.1 shall not be limited by a limitation on amount or type of damages, compensation or benefits payable by or for the Contractor or Subcontractor under workers' compensation acts, disability benefit acts or other employee benefit acts. ARTICLE 9 ARCHITECT'S &OWNER'S ADMINISTRATION OF THE CONTRACT §9.1 The Architect and Owner will provide administration of the Contract and will be the representative(1)during construction,(2)until final payment is due and(3),from time to time during the one-year period for correction of Work described in Section 17.2. AIA Document A107Tm—1997.Copyright©1936,1951,1958,1961,1963,1966,1970,1974,1978,1987 and 1997 by The American Institute of Architects. All rights reserved. WARNING:This AIA°Document is protected by U.S.Copyright Law and International Treaties.Unauthorized reproduction or 7 distribution of this AIA®Document,or any portion of it,may result In severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 11:35:05 on 11/06/2006 under Order No.1000206815_1 which expires on 11/15/2006,and is not for resale. User Notes: (2587764472) §9.2 The Architect and Owner,will visit the site at intervals appropriate to the stage of the Contractor's operations (1)to become generally familiar with and to keep informed about the progress and quality of the portion of the Work completed,(2)to endeavor to guard the Owner against defects and deficiencies in the Work,and(3)to determine in general if the Work is being performed in a manner indicating that the Work,when fully completed, will be in accordance with the Contract Documents.However,the Architect&Owner will not be required to make exhaustive or continuous on-site inspections to check the quality or quantity of the Work.The Architect and Owner will neither have control over or charge of,nor be responsible for,the construction means,methods,techniques, sequences or procedures,or for safety precautions and programs in connection with the Work,since these are solely the Contractor's rights and responsibilities under the Contract Documents,except as provided in Section 8.2.1. §9.3 The Architect and Owner will not be responsible for the Contractor's failure to perform the Work in accordance with the requirements of the Contract Documents.The Architect and Owner will not have control over or charge of and will not be responsible for acts or omissions of the Contractor,Subcontractors,or their agents or employees,or any other persons or entities performing portions of the Work. §9.4 Based on the Architect's&Owner's evaluations of the Work and of the Contractor's Applications for Payment, the Architect&Owner will review and certify the amounts due the Contractor and will issue Certificates for Payment in such amounts. §9.5 The Architect &Owner will have authority to reject Work that does not conform to the Contract Documents. §9.6 The Architect&Owner will review and approve or take other appropriate action upon the Contractor's submittals such as Shop Drawings,Product Data and Samples,but only for the limited purpose of checking for conformance with information given and the design concept expressed in the Contract Documents. §9.7 The Architect&Owner's will interpret and decide matters concerning performance under,and requirements of, the Contract Documents on written request of the Contractor.The Architect&Owner will make initial decisions on all claims,disputes and other matters in question between the Owner and Contractor but will not be liable for results of any interpretations or decisions so rendered in good faith. §9.8 The Architect's&Owner's decisions on matters relating to aesthetic effect will be final if consistent with the intent expressed in the Contract Documents. §9.9 Duties,responsibilities and limitations of authority of the Architect &Owner as set forth in the Contract Documents shall not be restricted,modified or extended without written consent of the Owner,Contractor and Architect.Consent shall not be unreasonably withheld. (Paragraphs deleted) §9.11 CLAIMS FOR CONSEQUENTIAL DAMAGES The Contractor and Owner waive claims against each other for consequential damages arising out of or relating to this Contract.This mutual waiver includes: .1 damages incurred by the Owner for rental expenses,for losses of use,income,profit,financing, business and reputation,and for loss of management or employee productivity or of the services of such persons;and .2 damages incurred by the Contractor for principal office expenses including the compensation of personnel stationed there,for losses of financing,business and reputation,and for loss of profit except anticipated profit arising directly from the Work. This mutual waiver is applicable,without limitation,to all consequential damages due to either party's termination in accordance with Article 19.Nothing contained in this Section 9.11 shall be deemed to preclude an award of liquidated direct damages,when applicable,in accordance with the requirements of the Contract Documents. ARTICLE 10 SUBCONTRACTORS §10.1 A Subcontractor is a person or entity who has a direct contract with the Contractor to perform a portion of the Work at the site. AIA Document A107TM—1997.Copyright©1936,1951,1958,1961,1963,1966,1970,1974,1978,1987 and 1997 by The American Institute of Architects. All rights reserved. WARNING:This AIA°Document Is protected by U.S.Copyright Law and International Treaties.Unauthorized reproduction or 8 distribution of this AIA®Document,or any portion of It,may result in severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 11:35:05 on 11/06/2006 under Order No.1000206815_1 which expires on 11/15/2006,and is not for resale. User Notes: (2587764472) §10.2 Unless otherwise stated in the Contract Documents or the bidding requirements,the Contractor,as soon as practicable after award of the Contract,shall furnish in writing to the Owner through the Architect the names of the Subcontractors for each of the principal portions of the Work.The Contractor shall not contract with any Subcontractor to whom the Owner or Architect has made reasonable and timely objection.If the proposed but rejected Subcontractor was reasonably capable of performing the Work,the Contract Sum and Contract Time shall be increased or decreased by the difference,if any,occasioned by such change,and an appropriate Change Order shall be issued before commencement of the substitute Subcontractor's Work.The Contractor shall not be required to contract with anyone to whom the Contractor has made reasonable objection. §10.3 Contracts between the Contractor and Subcontractors shall(1)require each Subcontractor,to the extent of the Work to be performed by the Subcontractor,to be bound to the Contractor by the terms of the Contract Documents, and to assume toward the Contractor all the obligations and responsibilities,including the responsibility for safety of the Subcontractor's Work,which the Contractor,by the Contract Documents,assumes toward the Owner and Architect,and(2)allow the Subcontractor the benefit of all rights,remedies and redress afforded to the Contractor by these Contract Documents. ARTICLE 11 OWNER'S RIGHT TO PERFORM CONSTRUCTION AND TO AWARD SEPARATE CONTRACTS §11.1 The Owner reserves the right to perform construction or operations related to the Project with the Owner's own forces,and to award separate contracts in connection with other portions of the Project or other construction or operations on the site under conditions of the contract identical or substantially similar to these,including those portions related to insurance and waiver of subrogation.If the Contractor claims that delay or additional cost is involved because of such action by the Owner,the Contractor shall make such claim as provided in Section 9.10. §11.2 The Contractor shall afford the Owner and separate contractors reasonable opportunity for introduction and storage of their materials and equipment and performance of their activities,and shall connect and coordinate the Contractor's activities with theirs as required by the Contract Documents. §11.3 The Owner shall be reimbursed by the Contractor for costs incurred by the Owner which are payable to a separate contractor because of delays,improperly timed activities or defective construction of the Contractor.The Owner shall be responsible to the Contractor for costs incurred by the Contractor because of delays,improperly timed activities,damage to the Work or defective construction of a separate contractor. ARTICLE 12 CHANGES IN THE WORK §12.1 The Owner,without invalidating the Contract,may order changes in the Work within the general scope of the Contract consisting of additions,deletions or other revisions,the Contract Sum and Contract Time being adjusted accordingly.Such changes in the Work shall be authorized by written Change Order signed by the Owner, Contractor and Architect,or by written Construction Change Directive signed by the Owner and Architect. §12.2 The cost or credit to the Owner from a change in the Work shall be determined by mutual agreement of the parties or,in the case of a Construction Change Directive,by the Contractor's cost of labor,material,equipment, and reasonable overhead and profit. §12.3 The Architect will have authority to order minor changes in the Work not involving adjustment in the Contract Sum or extension of the Contract Time and not inconsistent with the intent of the Contract Documents. Such changes shall be effected by written order and shall be binding on the Owner and Contractor.The Contractor shall carry out such written orders promptly. §12.4 If concealed or unknown physical conditions are encountered at the site that differ materially from those indicated in the Contract Documents or from those conditions ordinarily found to exist,the Contract Sum and Contract Time shall be equitably adjusted. ARTICLE 13 TIME §13.1 Time limits stated in the Contract Documents are of the essence of the Contract.By executing the Agreement the Contractor confirms that the Contract Time is a reasonable period for performing the Work. §13.2 The date of Substantial Completion is the date when the project reaches 97%completion. AIA Document A107TM—1997.Copyright ©1936,1951,1958,1961,1963,1966,1970,1974,1978,1987 and 1997 by The American Institute of Architects. All rights reserved. WARNING:This AIAe Document Is protected by U.S.Copyright Law and International Treaties.Unauthorized reproduction or 9 distribution of this AIAe Document,or any portion of it,may result in severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 11:35:05 on 11/06/2006 under Order No.1000206815_1 which expires on 11/15/2006,and is not for resale. User Notes: (2587764472) i §13.3 If the Contractor is delayed at any time in the commencement or progress of the Work by changes ordered in the Work,by labor disputes,fire,unusual delay in deliveries,abnormal adverse weather conditions not reasonably anticipatable,unavoidable casualties or any causes beyond the Contractor's control,or by other causes which the Architect determines may justify delay,then the Contract Time shall be extended by Change Order for such reasonable time as the Architect may determine,subject to the provisions of Section 9.10. ARTICLE 14 PAYMENTS AND COMPLETION §14.1 APPLICATIONS FOR PAYMENT §14.1.1 Payments shall be made as provided in Article 4 of this Agreement. Applications for Payment shall be in a form satisfactory to the Architect and Owner. §14.1.2 The Contractor warrants that title to all Work covered by an Application for Payment will pass to the Owner no later than the time of payment.The Contractor further warrants that upon submittal of an Application for Payment all Work for which Certificates for Payment have been previously issued and payments received from the Owner shall,to the best of the Contractor's knowledge,information and belief,be free and clear of liens,claims, security interests or other encumbrances adverse to the Owner's interests. I §14.2 CERTIFICATES FOR PAYMENT §14.2.1 The Architect&Owner will,within seven days after receipt of the Contractor's Application for Payment, either issue a Certificate for Payment,with a copy to the Contractor,for such amount as the Architect&Owner determines is properly due,or notify the Contractor in writing of the Architect's and Owner's reasons for withholding certification in whole or in part as provided in Section 14.2.3. §14.2.2 The issuance of a Certificate for Payment will constitute a representation by the Architect&Owner based on the evaluations of the Work and the data comprising the Application for Payment,that the Work has progressed to the point indicated and that,to the best of the Architect's&Owner's knowledge,information and belief,the quality of the Work is in accordance with the Contract Documents.The foregoing representations are subject to an evaluation of the Work for conformance with the Contract Documents upon Substantial Completion,to results of subsequent tests and inspections,to correction of minor deviations from the Contract Documents prior to completion and to specific qualifications expressed by the Architect&Owner.The issuance of a Certificate for Payment will further constitute a representation that the Contractor is entitled to payment in the amount certified.However,the issuance of a Certificate for Payment will not be a representation that the Architect&Owner has(1)made exhaustive or continuous on-site inspections to check the quality or quantity of the Work,(2)reviewed construction means,methods,techniques,sequences or procedures,(3)reviewed copies of requisitions received from Subcontractors and material suppliers and other data requested by the Owner to substantiate the Contractor's right to payment,or(4)made examination to ascertain how or for what purpose the Contractor has used money previously paid on account of the Contract Sum. §14.2.3 The Architect&Owner may withhold a Certificate for Payment in whole or in part,to the extent reasonably necessary to protect the Owner,if in the Architect's&Owner's opinion the representations to the Owner required by Section 14.2.2 cannot be made.If the Architect&Owner is unable to certify payment in the amount of the Application,the Architect&Owner will notify the Contractor as provided in Section 14.2.1.The Architect& Owner may also withhold a Certificate for Payment or,because of subsequently discovered evidence,may nullify the whole or a part of a Certificate for Payment previously issued,to such extent as may be necessary in the Architect's&Owner's opinion to protect the Owner from loss for which the Contractor is responsible,including loss resulting from acts and omissions described in Section 8.2.2,because of: .1 defective Work not remedied; .2 third party claims filed or reasonable evidence indicating probable filing of such claims unless security acceptable to the Owner is provided by the Contractor; .3 failure of the Contractor to make payments properly to Subcontractors or for labor,materials or equipment; .4 reasonable evidence that the Work cannot be completed for the unpaid balance of the Contract Sum; I AIA Document A107TM—1997.Copyright 01936,1951,1958,1961,1963,1966,1970,1974,1978,1987 and 1997 by The American Institute of Architects. All rights reserved. WARNING:This AIA°Document is protected by U.S.Copyright Law and International Treaties.Unauthorized reproduction or 10 distribution of this AIA®Document,or any portion of it,may result in severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 11:35:05 on 11/06/2006 under Order No.1000206815_1 which expires on 11/15/2006,and is not for resale. User Notes: (2587764472) .5 damage to the Owner or another contractor; .6 reasonable evidence that the Work will not be completed within the Contract Time and that the unpaid balance would not be adequate to cover actual or liquidated damages for the anticipated delay; or .7 persistent failure to carry out the Work in accordance with the Contract Documents. §14.2.4 When the above reasons for withholding certification are removed,certification will be made for amounts previously withheld. §14.3 PAYMENTS TO THE CONTRACTOR §14.3.1 The Contractor shall promptly pay each Subcontractor,upon receipt of payment from the Owner,out of the amount paid to the Contractor on account of such Subcontractor's portion of the Work,the amount to which said Subcontractor is entitled,reflecting percentages actually retained from payments to the Contractor on account of such Subcontractor's portion of the Work.The Contractor shall,by appropriate agreement with each Subcontractor, require each Subcontractor to make payments to sub-subcontractors in similar manner. §14.3.2 Neither the Owner nor Architect shall have an obligation to pay or see to the payment of money to a Subcontractor except as may otherwise be required by law. §14.3.3 A Certificate for Payment,a progress payment,or partial or entire use or occupancy of the Project by the Owner shall not constitute acceptance of Work not in accordance with the Contract Documents. §14.4 SUBSTANTIAL COMPLETION §14.4.1 Substantial Completion is the stage in the progress of the Work when the project reaches 97%completion. §14.4.2 When the Architect&Owner determines that the Work or designated portion thereof is substantially complete,the Architect&Owner will issue a Certificate of Substantial Completion which shall establish the date of Substantial Completion,establish responsibilities of the Owner and Contractor for security,maintenance,heat, utilities,damage to the Work and insurance,and fix the time within which the Contractor shall finish all items on the list accompanying the Certificate.Warranties required by the Contract Documents shall commence on the date of Substantial Completion of the Work or designated portion thereof unless otherwise provided in the Certificate of Substantial Completion.Upon the issuance of the Certificate of Substantial Completion,the Architect&Owner will submit it to the Contractor for their written acceptance of responsibilities assigned to them in such Certificate. §14.5 FINAL COMPLETION AND FINAL PAYMENT §14.5.1 Upon receipt of written notice that the Work is ready for final inspection and acceptance and upon receipt of a final Application for Payment,the Architect&Owner will promptly make such inspection and,when the Architect &Owner finds the Work acceptable under the Contract Documents and the Contract fully performed,the Architect &Owner will promptly issue a final Certificate for Payment stating that to the best of their knowledge,information and belief,and on the basis of their on-site visits and inspections,the Work has been completed in accordance with terms and conditions of the Contract Documents and that the entire balance found to be due the Contractor and noted in the final Certificate is due and payable.The Architect's&Owner's final Certificate for Payment will constitute a further representation that conditions stated in Section 14.5.2 as precedent to the Contractor's being entitled to final payment have been fulfilled. §14.5.2 Final payment shall not become due until the Contractor has delivered to the Owner a complete release of all liens arising out of this Contract or receipts in full covering all labor,materials and equipment for which a lien could be filed,or a bond satisfactory to the Owner to indemnify the Owner against such lien.If such lien remains unsatisfied after payments are made,the Contractor shall refund to the Owner all money that the Owner may be compelled to pay in discharging such lien,including costs and reasonable attorneys' fees. §14.5.3 The making of final payment shall constitute a waiver of claims by the Owner except those arising from: .1 liens,claims,security interests or encumbrances arising out of the Contract and unsettled; .2 failure of the Work to comply with the requirements of the Contract Documents;or .3 terms of special warranties required by the Contract Documents. AIA Document A107TM—1997.Copyright©1936,1951,1958,1961,1963,1966,1970,1974,1978,1987 and 1997 by The American Institute of Architects. All rights reserved. WARNING:This AIA®Document Is protected by U.S.Copyright Law and International Treaties.Unauthorized reproduction or distribution of this AIA°Document,or any portion of It,may result in severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 11:35:05 on 11/06/2006 under Order No.1000206815_1 which expires on 11/15/2006,and is not for resale. User Notes: (2587764472) §14.5.4 Acceptance of final payment by the Contractor,a Subcontractor or material supplier shall constitute a waiver of claims by that payee except those previously made in writing and identified by that payee as unsettled at the time of final Application for Payment. ARTICLE 15 PROTECTION OF PERSONS AND PROPERTY §15.1 SAFETY PRECAUTIONS AND PROGRAMS The Contractor shall be responsible for initiating,maintaining and supervising all safety precautions and programs in connection with the performance of the Contract.The Contractor shall take reasonable precautions for safety of, and shall provide reasonable protection to prevent damage,injury or loss to: .1 employees on the Work and other persons who may be affected thereby; .2 the Work and materials and equipment to be incorporated therein;and .3 other property at the site or adjacent thereto. The Contractor shall give notices and comply with applicable laws,ordinances,rules,regulations and lawful orders of public authorities bearing on safety of persons and property and their protection from damage,injury or loss.The Contractor shall promptly remedy damage and loss to property caused in whole or in part by the Contractor,a Subcontractor,a sub-subcontractor,or anyone directly or indirectly employed by any of them,or by anyone for whose acts they may be liable and for which the Contractor is responsible under Sections 15.1.2 and 15.1.3,except for damage or loss attributable to acts or omissions of the Owner or Architect or by anyone for whose acts either of them may be liable,and not attributable to the fault or negligence of the Contractor.The foregoing obligations of the Contractor are in addition to the Contractor's obligations under Section 8.13. §15.2 HAZARDOUS MATERIALS §15.2.1 If reasonable precautions will be inadequate to prevent foreseeable bodily injury or death to persons resulting from a material or substance,including but not limited to asbestos or polychlorinated biphenyl(PCB), encountered on the site by the Contractor,the Contractor shall,upon recognizing the condition,immediately stop Work in the affected area and report the condition to the Owner and Architect in writing.When the material or substance has been rendered harmless,Work in the affected area shall resume upon written agreement of the Owner and Contractor.The Contract Time shall be extended appropriately and the Contract Sum shall be increased in the amount of the Contractor's reasonable additional costs of shutdown,delay and start-up,which adjustments shall be accomplished as provided in Article 12 of this Agreement. §15.2.2 To the fullest extent permitted by law,the Owner shall indemnify and hold harmless the Contractor, Subcontractors,Architect,Architect's consultants and agents and employees of any of them from and against claims,damages,losses and expenses,including but not limited to attorneys'fees,arising out of or resulting from performance of the Work in the affected area if in fact the material or substance presents the risk of bodily injury or death as described in Section 15.2.1 and has not been rendered harmless,provided that such claim,damage,loss or expense is attributable to bodily injury,sickness,disease or death,or to injury to or destruction of tangible property (other than the Work itself),and provided that such damage,loss or expense is not due to the sole negligence of a party seeking indemnity. §15.2.3 If,without negligence on the part of the Contractor,the Contractor is held liable for the cost of remediation of a hazardous material or substance solely by reason of performing Work as required by the Contract Documents, the Owner shall indemnify the Contractor for all cost and expense thereby incurred. ARTICLE 16 INSURANCE §16.1 The Contractor shall purchase from and maintain in a company or companies lawfully authorized to do business in the jurisdiction in which the Project is located insurance for protection from claims under workers' compensation acts and other employee benefit acts which are applicable,claims for damages because of bodily injury,including death,and claims for damages,other than to the Work itself,to property which may arise out of or result from the Contractor's operations under the Contract,whether such operations be by the Contractor or by a Subcontractor or anyone directly or indirectly employed by any of them.This insurance shall be written for not less than limits of liability specified in the Contract Documents or required by law,whichever coverage is greater,and shall include contractual liability insurance applicable to the Contractor's obligations.Certificates of Insurance acceptable to the Owner shall be filed with the Owner prior to commencement of the Work.Each policy shall AIA Document A107TM—1997.Copyright©1936,1951,1958,1961,1963,1966,1970,1974,1978,1987 and 1997 by The American Institute of Architects. All rights reserved. WARNING:This AIA°Document Is protected by U.S.Copyright Law and International Treaties.Unauthorized reproduction or 12 distribution of this AIA°Document,or any portion of it,may result in severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 11:35:05 on 11/06/2006 under Order No.1000206815 which expires on 11/15/2006,and is not for resale. User Notes: (2587764472) I contain a provision that the policy will not be canceled or allowed to expire until at least 30 days'prior written notice has been given to the Owner. §16.2 OWNER'S LIABILITY INSURANCE The Owner shall be responsible for purchasing and maintaining the Owner's usual liability insurance. §16.3 PROJECT MANAGEMENT PROTECTIVE LIABILITY INSURANCE §16.3.1 Optionally,the Owner may require the Contractor to purchase and maintain Project Management Protective Liability insurance from the Contractor's usual sources as primary coverage for the Owner's,Contractor's and Architect's vicarious liability for construction operations under the Contract.Unless otherwise required by the Contract Documents,the Owner shall reimburse the Contractor by increasing the Contract Sum to pay the cost of purchasing and maintaining such optional insurance coverage,and the Contractor shall not be responsible for purchasing any other liability insurance on behalf of the Owner.The minimum limits of liability purchased with such coverage shall be equal to the aggregate of the limits required for Contractor's Liability insurance under Section 16.1. §16.3.2 To the extent damages are covered by Project Management Protective Liability insurance,the Owner, Contractor and Architect waive all rights against each other for damages,except such rights as they may have to the proceeds of such insurance.The policy shall provide for such waivers of subrogation by endorsement or otherwise. §16.3.3 The Owner shall not require the Contractor to include the Owner,Architect or other persons or entities as additional insureds on the Contractor's Liability insurance under Section 16.1. §16.4 PROPERTY INSURANCE §16.4.1 Unless otherwise provided,the Owner shall purchase and maintain,in a company or companies lawfully authorized to do business in the jurisdiction in which the Project is located,property insurance on an"all-risk" policy form,including builder's risk,in the amount of the initial Contract Sum,plus the value of subsequent modifications and cost of materials supplied and installed by others,comprising total value for the entire Project at the site on a replacement cost basis without optional deductibles.Such property insurance shall be maintained, unless otherwise provided in the Contract Documents or otherwise agreed in writing by all persons and entities who are beneficiaries of such insurance,until final payment has been made as provided in Section 14.5 or until no person or entity other than the Owner has an insurable interest in the property required by this Section 16.4 to be covered, whichever is later.This insurance shall include interests of the Owner,the Contractor,Subcontractors and sub- subcontractors in the Project. §16.4.2 The Owner shall file a copy of each policy with the Contractor before an exposure to loss may occur.Each policy shall contain a provision that the policy will not be canceled or allowed to expire,and that its limits will not be reduced,until at least 30 days'prior written notice has been given to the Contractor. §16.5 WAIVERS OF SUBROGATION §16.5.1 The Owner and Contractor waive all rights against(1)each other and any of their subcontractors,sub- subcontractors,agents and employees,each of the other,and(2)the Architect,Architect's consultants,separate contractors described in Article 11,if any,and any of their subcontractors,sub-subcontractors,agents and employees for damages caused by fire or other causes of loss to the extent covered by property insurance obtained pursuant to Section 16.4 or other property insurance applicable to the Work,except such rights as they have to proceeds of such insurance held by the Owner as fiduciary.The Owner or Contractor,as appropriate,shall require of the Architect,Architect's consultants,separate contractors described in Article 11,if any,and the subcontractors, sub-subcontractors,agents and employees of any of them,by appropriate agreements,written where legally required for validity,similar waivers each in favor of other parties enumerated herein.The policies shall provide such waivers of subrogation by endorsement or otherwise.A waiver of subrogation shall be effective as to a person or entity even though that person or entity would otherwise have a duty of indemnification,contractual or otherwise, did not pay the insurance premium directly or indirectly,and whether or not the person or entity had an insurable interest in the property damaged. §16.5.2 A loss insured under the Owner's property insurance shall be adjusted by the Owner as fiduciary and made payable to the Owner as fiduciary for the insureds,as their interests may appear,subject to requirements of any applicable mortgagee clause.The Contractor shall pay Subcontractors their just shares of insurance proceeds AIA Document A107TM—1997.Copyright©1936,1951,1958,1961,1963,1966,1970,1974,1978,1987 and 1997 by The American Institute of Architects. All rights reserved. WARNING:This AIA®Document is protected by U.S.Copyright Law and International Treaties.Unauthorized reproduction or $ distribution of this A10 Document,or any portion of It,may result in severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 11:35:05 on 11/06/2006 under Order No.1000206815_1 which expires on 11/15/2006,and is not for resale. User Notes: (2587764472) received by the Contractor,and by appropriate agreements,written where legally required for validity,shall require Subcontractors to make payments to their sub-subcontractors in similar manner. ARTICLE 17 CORRECTION OF WORK §17.1 The Contractor shall promptly correct Work rejected by the Architect or failing to conform to the requirements of the Contract Documents,whether discovered before or after Substantial Completion and whether or not fabricated,installed or completed.Costs of correcting such rejected Work,including additional testing and inspections and compensation for the Architect's services and expenses made necessary thereby,shall be at the Contractor's expense. §17.2 In addition to the Contractor's obligations under Section 8.4,if,within one year after the date of Substantial Completion of the Work or designated portion thereof or after the date for commencement of warranties established under Section 14.4.2,or by terms of an applicable special warranty required by the Contract Documents,any of the Work is found to be not in accordance with the requirements of the Contract Documents,the Contractor shall correct it promptly after receipt of written notice from the Owner to do so unless the Owner has previously given the Contractor a written acceptance of such condition.The Owner shall give such notice promptly after discovery of the condition.During the one-year period for correction of Work,if the Owner fails to notify the Contractor and give the Contractor an opportunity to make the correction,the Owner waives the rights to require correction by the Contractor and to make a claim for breach of warranty. §17.3 If the Contractor fails to correct nonconforming Work within a reasonable time,the Owner may correct it in accordance with Section 7.3. §17.4 The one-year period for correction of Work shall be extended with respect to portions of Work first performed after Substantial Completion by the period of time between Substantial Completion and the actual performance of the Work. §17.5 The one-year period for correction of Work shall not be extended by corrective Work performed by the Contractor pursuant to this Article 17. ARTICLE 18 MISCELLANEOUS PROVISIONS §18.1 ASSIGNMENT OF CONTRACT Neither party to the Contract shall assign the Contract without written consent of the other. §18.2 GOVERNING LAW The Contract shall be governed by the law of the place where the Project is located. §18.3 TESTS AND INSPECTIONS Tests,inspections and approvals of portions of the Work required by the Contract Documents or by laws, ordinances,rules,regulations or orders of public authorities having jurisdiction shall be made at an appropriate time. Unless otherwise provided,the Contractor shall make arrangements for such tests,inspections and approvals with an independent testing laboratory or entity acceptable to the Owner,or with the appropriate public authority,and shall bear all related costs of tests,inspections and approvals.The Contractor shall give the Architect timely notice of when and where tests and inspections are to be made so that the Architect may be present for such procedures.The Owner shall bear costs of tests,inspections or approvals which do not become requirements until after bids are received or negotiations concluded. §18.4 COMMENCEMENT OF STATUTORY LIMITATION PERIOD As between Owner and Contractor,any applicable statute of limitations shall commence to run and any alleged cause of action shall be deemed to have accrued: .1 not later than the date of Substantial Completion for acts or failures to act occurring prior to the relevant date of Substantial Completion; .2 not later than the date of issuance of the final Certificate for Payment for acts or failures to act occurring subsequent to the relevant date of Substantial Completion and prior to the issuance of the final Certificate for Payment;and AIA Document A107TM—1997.Copyright©1936,1951,1958,1961,1963,1966,1970,1974,1978,1987 and 1997 by The American Institute of Architects. All rights reserved. WARNING:This AIA°Document Is protected by U.S.Copyright Law and International Treaties.Unauthorized reproduction or 4 distribution of this AIA®Document,or any portion of it,may result in severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 11:35:05 on 11/06/2006 under Order No.1000206815_1 which expires on 11/15/2006,and is not for resale. User Notes: (2587764472) .3 not later than the date of the relevant act or failure to act by the Contractor for acts or failures to act occurring after the date of the final Certificate for Payment. ARTICLE 19 TERMINATION OF THE CONTRACT §19.1 TERMINATION BY THE CONTRACTOR If the Architect fails to recommend payment for a period of 30 days through no fault of the Contractor,or if the Owner fails to make payment thereon for a period of 30 days,the Contractor may,upon seven additional days' written notice to the Owner and the Architect,terminate the Contract and recover from the Owner payment for Work executed and for proven loss with respect to materials,equipment,tools,and construction equipment and machinery, including reasonable overhead,profit and damages applicable to the Project. §19.2 TERMINATION BY THE OWNER §19.2.1 The Owner may terminate the Contract if the Contractor: .1 persistently or repeatedly refuses or fails to supply enough properly skilled workers or proper materials; .2 fails to make payment to Subcontractors for materials or labor in accordance with the respective agreements between the Contractor and the Subcontractors; .3 persistently disregards laws,ordinances,or rules,regulations or orders of a public authority having jurisdiction;or .4 otherwise is guilty of substantial breach of a provision of the Contract Documents. §19.2.2 When any of the above reasons exists,the Owner,upon certification by the Architect that sufficient cause exists to justify such action,may,without prejudice to any other remedy the Owner may have and after giving the Contractor seven days' written notice,terminate the Contract and take possession of the site and of all materials, equipment,tools,and construction equipment and machinery thereon owned by the Contractor and may finish the Work by whatever reasonable method the Owner may deem expedient.Upon request of the Contractor,the Owner shall furnish to the Contractor a detailed accounting of the costs incurred by the Owner in finishing the Work. In addition,the Owner may terminate the contract at anytime for any reason and shall pay the contractor for all costs incurred due to the termination plus 10%for profit and overhead. §19.2.3 When the Owner terminates the Contract for one of the reasons stated in Section 19.2.1,the Contractor shall not be entitled to receive further payment until the Work is finished. §19.2.4 If the unpaid balance of the Contract Sum exceeds costs of finishing the Work,including compensation for the Architect's services and expenses made necessary thereby,and other damages incurred by the Owner and not expressly waived,such excess shall be paid to the Contractor.If such costs and damages exceed the unpaid balance, the Contractor shall pay the difference to the Owner.The amount to be paid to the Contractor or Owner,as the case may be,shall be certified by the Architect,upon application,and this obligation for payment shall survive termination of the Contract. ARTICLE 20 OTHER CONDITIONS OR PROVISIONS A ment to .nto as of the day year f t written abo g ature) CON (Signature) printed name and title) (Printed name and title) AIA Document A107TM—1997.Copyright©1936,1951,1958,1961,1963,1966,1970,1974,1978,1987 and 1997 by The American Institute of Architects. All rights reserved. WARNING:This AIA°Document is protected by U.S.Copyright Law and International Treaties.Unauthorized reproduction or 5 distribution of this AIA®Document,or any portion of It,may result In severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 11:35:05 on 11/06/2006 under Order No.1 0002068151 which expires on 11/15/2006,and is not for resale. User Notes: (2587764472) Additions and Deletions Report for AIA®Document A 107m— 1997 This Additions and Deletions Report,as defined on page 1 of the associated document,reproduces below all text the author has added to the standard form AIA document in order to complete it,as well as any text the author may have added to or deleted from the original AIA text.Added text is shown underlined.Deleted text is indicated with a horizontal line through the original AIA text. Note: This Additions and Deletions Report is provided for information purposes only and is not incorporated into or constitute any part of the associated AIA document.This Additions and Deletions Report and its associated document were generated simultaneously by AIA software at 11:35:05 on 11/06/2006. PAGE AGREEMENT made as of the 24th day of October in the year Two Thousand Six(2006) Genesis Health Ventures Kennett Square,PA 19348 R.P.Masiello,Inc. PO Box 742 38 Main Street Boylston,MA 01505 Prescott House 140 Prescott Street North Andover,MA 01845 Tecton Architects,PC One Hartford Square West Hartford,CT 06106 PAGE 2 Within one(1)week of issuance of buildinjpermit §2.3 The Contractor shall achieve Substantial Completion of the entire Work not later than 133(One Hundred Thirty-Three Days days from the date of commencement,or as follows: §3.1 The Owner shall pay the Contractor the Contract Sum in current funds for the Contractor's performance of the Contract.The Contract Sum shall be(Three Hundred Four Thousand.Six Hundred and no/100($304 600 00 ), subject to additions and deletions as provided in the Contract Documents. None None Additions and Deletions Report for AIA Document A107TM—1997.Copyright©1936,1951,1958,1961,1963,1966,1970,1974,1978,1987 and 1997 by The American Institute of Architects. All rights reserved. WARNING:This AIAe Document is protected by U.S.Copyright Law and international Treaties.Unauthorized reproduction or distribution of this AIAe Document,or any portion of It,may result In severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 11:35:05 on 11/06/2006 under Order No.1000206815_I which expires on 11/15/2006,and is not for resale. User Notes: (2587764472) §4.1.1 Based upon Applications for Payment submitted to the AAhiteet wnert by the fef Payment issued by the ontractor,the Owner shall make progress payments on account of the Contract Sum to the Contractor as provided below and elsewhere in the Contract Documents.The period covered by each Application for Payment shall be one calendar month ending on the last day of the month,or as follows: §4.1.2 Provided that an Application for Payment is received by the A—Owner not later than the 30th day of a month,the Owner shall make payment to the Contractor not later than the 30th day of the following month.If an Application for Payment is received by the Ar-shiteet Owner after the date fixed above,payment shall be made by the Owner not later than thirty ( 30 )days after the AA M "wner receives the Application for Payment. Progress payments shall be subject to 10%retainage which the Owner shall have the right to reduce after 50%completion of the project. PAGE 3 current prime interest rate .1 the Contractor has fully performed the Contract except for the Contractor's responsibility to correct Work as provided in Section 17.2,and to satisfy other requirements,if any,which extend beyond final payment;alb. ... f4i fieate for.Payment has been issued b h A hit r §4.2.2 The Owner's final payment to the Contractor shall be made no later than 30 days after the issuance of the AA rehiteet!6_final Certificate for Payment,or as follow: §5.1.2 The Supplementary and other Conditions of the Contract are those contained in the Project Manual dated; and are as`,.",.•,.,.:January 12,2006 by Genesis Health Venture. Pre-Bid Meeting Notes December 15,2005 Four 4 En ig neerine Bulletin One January 12,2006 One 1 Supplementary General Conditions January 12,2006 Four 4 A.I.A.Document A701-1997 Instruction to January 12,2006 Six 6 Bidders Sest+en TAte Pages Outline specification—Prescott House dated January 12 2006 totaling(71)pages PAGE 4 Numbs F Title Date Architectural,Structural and MEP drawings dated November 28 2005 with Revision#1 (1/12/06)and Revision#2 (2/28/06). —Total pa eg s thirty-three(33) One ] January 11,2006 Four(4) Two page"Work Not Included/Oualifications"by R.P.Masiello Inc PAGE 5 If the Contractor fails to correct Work which is not in accordance with the requirements of the Contract Documents, or persistently fails to carry out the Work in accordance with the Contract Documents,the Owner may issue a written order to the Contractor to stop the Work,or any portion thereof,until the cause for such order is eliminated; however,the right of the Owner to stop the Work shall not give rise to a duty on the part of the Owner to exercise this right for the benefit of the Contractor or any other person or entity. In addition,the Owner may stop the work at anytime for any reason. Should this happen the Owner shall pay the contractor for any costs incurred by the stoppage of work plus 10%for profit and overhead. Additions and Deletions Report for AIA Document A107Tu—1997.Copyright©1936,1951,1958,1961,1963,1966,1970,1974,1978,1987 and 1997 by The American Institute of Architects. All rights reserved. WARNING:This AIA°Document Is protected by U.S.Copyright Law and International 2 Treaties.Unauthorized reproduction or distribution of this AIA°Document,or any portion of it,may result In severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 11:35:05 on 11/06/2006 under Order No.1000206815_1 which expires on 11/15/2006,and is not for resale. User Notes: (2587764472) PAGE 7 ARTAGLEO ARCHITECT'S ADMINISTRATION QFTHEm CONTRACT ARTICLE 9 ARCHITECT'S &OWNER'S ADMINISTRATION OF THE CONTRACT §9.1 The Architect and Owner will provide administration of the Contract and will be a -s-the representative(1)during construction,(2)until final payment is due and(3)with the^w-•e-'� ^� ,from time to time during the one-year period for correction of Work described in Section 17.2. PAGE 8 §9.2 The A-ohit".. as a-epr-esefitative of 4 Architect and Owner,will visit the site at intervals appropriate to the stage of the Contractor's operations(1)to become generally familiar with and to keep 4irinformed about the progress and quality of the portion of the Work completed,(2)to endeavor to guard the Owner against defects and deficiencies in the Work,and(3)to determine in general if the Work is being performed in a manner indicating that the Work,when fully completed,will be in accordance with the Contract Documents.However,the Architect& Owner will not be required to make exhaustive or continuous on-site inspections to check the quality or quantity of the Work.The Architect and Owner will neither have control over or charge of,nor be responsible for,the construction means,methods,techniques,sequences or procedures,or for safety precautions and programs in connection with the Work,since these are solely the Contractor's rights and responsibilities under the Contract Documents,except as provided in Section 8.2.1. §9.3 The Architect and Owner will not be responsible for the Contractor's failure to perform the Work in accordance with the requirements of the Contract Documents.The Architect and Owner will not have control over or charge of and will not be responsible for acts or omissions of the Contractor,Subcontractors,or their agents or employees,or any other persons or entities performing portions of the Work. §9.4 Based on the Architect's&Owner's evaluations of the Work and of the Contractor's Applications for Payment, the Architect&Owner will review and certify the amounts due the Contractor and will issue Certificates for Payment in such amounts. §9.5 The Architect &Owner will have authority to reject Work that does not conform to the Contract Documents. §9.6 The Architect&Owner will review and approve or take other appropriate action upon the Contractor's submittals such as Shop Drawings,Product Data and Samples,but only for the limited purpose of checking for conformance with information given and the design concept expressed in the Contract Documents. §9.7 The Architect&Owner's will interpret and decide matters concerning performance under,and requirements of, the.Contract Documents on written request of ember:-the 9w*eper-Contractor.The Architect&Owner will make initial decisions on all claims,disputes and other matters in question between the Owner and Contractor but will not be liable for results of any interpretations or decisions so rendered in good faith. §9.8 The Architect's&Owner's decisions on matters relating to aesthetic effect will be final if consistent with the intent expressed in the Contract Documents. §9.9 Duties,responsibilities and limitations of authority of the Architect &Owner as set forth in the Contract Documents shall not be restricted,modified or extended without written consent of the Owner,Contractor and Architect.Consent shall not be unreasonably withheld. MMS AN0 DISPUTES §9.10.1 Claims,disputes and other-matter-s in question ar-ising out ef er-relating te this GentFaet,ineluding these alleging - iien by the AFehiteet but exeluding these aAsifig under-Seetien !5.2, shall be FefeFFed initially te the Afekiteet for-deeision.Sueh fnaKer-s,e*eept these relating te aesthetie effeet and exeept these waived as pfevided fer in Seetion 9.14 and Seetions !4.5.3 and 14.5.4,shall,after-initial deeision by the AFehiteet of 30 Additions and Deletions Reportfor AIA Document A107Tm—1997.Copyright©1936,1951,1958,1961,1963,1966,1970,1974,1978,1987 and 1997 by The American institute of Architects. All rights reserved. WARNING:This AIAe Document is protected by U.S.Copyright Law and International 3 Treaties.Unauthorized reproduction or distribution of this AIA°Document,or any portion of it,may result In severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 11:35:05 on 11/06/2006 under Order No.1000206815-1 which expires on 11/15/2006,and is not for resale. User Notes: (2587764472) 9.10.2 if a slaim,dispute or ethef:matter-in qiiestien f:81ates to or-is the subjeet of a Fneehanie's lien,6�e paf4y assei4iag sueh mat4er-may pFeeeed in aeeeManee with appheable law te ee"Iy with the lien netiee ef filing deadlines prier te resolution of the mattef by the Ar-ehiteet3 by mediation or-by afbitfafien. §9.10.3 The paf4ies shall endeaver-to resolve theif disputes by fnediation whieh,ufi4ess the parties mutually agree Asseeiatien euff ently in effeet.Request fer inediation shall be filed in writing with the ether-pai4y te this Agr-eemen fef afbitr-atiea but,in sueh event,mediatien shall pr-eeeed in advanee ef ar-bitfation er-legal er-equitable pr-eeeedings, whish shall be stayed peading Fnediatien fer-a per-ied ef 60 days ffem the date of filing,tialess stayed fef a lenger- §9.10.4 Glaims,disputes and ether fnat*fs in questien ar-ising out ef ef:f:elafiag te the Ceat+aet that are fiet r-eselved by fnediatien,exeept matters f:elating te aesthetie effeet and exeept these waived as pr-evided fer-in Seetien 9.11 and Seetions 14.5.3 and 14.5.4,sha4l be deeided by arbi4atiefi whieh,unless the par-ties Fatipaally ag+ee other-wise,shall in effeet.The demand fer-ar-bitFatiea shall be filed in wr-itkag with the ether-pai4y to this Agreement and with the Arbi4afiea Assesiatien and shall be made within a f:easeaable time after-the dispute has ar-isea.The awafd r-eader-ed by the afbitinatef ei:ar-bi4ater-s shall be final,aiid judgment may be entered upen it in aeeerdanee with applieable law in any eeuft having juf:isdietien thereof-.Exeept by vMaen eensent of the per-son er.entity seught te , . ' ether-mafmer-,any per-son er entity not a paf4y to the Agfeement under-whieh sueh aFbitfatiea i s,anless it at the time the deffland fer-ar-bitfatien is filed that(1)sueh persen or-entity is substantially invelyed in a eemmen questien ef faet E)F law,(2)the pFesefiee ef sueh per-sen or-eatity* nplete relief is to-be p y enfer-eeable under- YY PAGE 9 §13.2 The date of Substantial Completion is the date^ -�o� ifie"y-when the Amhiteet in aeeer-daneewith S^^�^� 4444-. reaches 97%completion. PAGE 10 §14.1.1 Payments shall be made as provided in Article 4 of this Agreement. Applications for Payment shall be in a form satisfactory to the "Ft-.Architect and Owner. §14.2.1 The Architect&Owner will,within seven days after receipt of the Contractor's Application for Payment, either issue def:-a Certificate for Payment,with a copy to the Contractor,for such amount as the Architect &Owner determines is properly due,or notify the Contractor and Owner-in writing of the Architect's and Owner's reasons for withholding certification in whole or in part as provided in Section 14.2.3. §14.2.2 The issuance of a Certificate for Payment will constitute a representation by the Architect te-th & Owner based on the eet's evaluations of the Work and the data comprising the Application for Payment,that the Work has progressed to the point indicated and that,to the best of the Architect's&Owner's knowledge, information and belief,the quality of the Work is in accordance with the Contract Documents.The foregoing representations are subject to an evaluation of the Work for conformance with the Contract Documents upon Substantial Completion,to results of subsequent tests and inspections,to correction of minor deviations from the Contract Documents prior to completion and to specific qualifications expressed by the A~Architect& Owner.The issuance of a Certificate for Payment will further constitute a representation that the Contractor is entitled to payment in the amount certified.However,the issuance of a Certificate for Payment will not be a representation that the Architect&Owner has(1)made exhaustive or continuous on-site inspections to check the quality or quantity of the Work,(2)reviewed construction means,methods,techniques,sequences or procedures,(3) reviewed copies of requisitions received from Subcontractors and material suppliers and other data requested by the Additions and Deletions Report for AIA Document A107TM—1997.Copyright©1936,1951,1958,1961,1963,1966,1970,1974,1978,1987 and 1997 by The American Institute of Architects. All rights reserved. WARNING:This AIA°Document Is protected by U.S.Copyright Law and International 4 Treaties.Unauthorized reproduction or distribution of this AIA°Document,or any portion of It,may result in severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 11:35:05 on 11/06/2006 under Order No.1000206815_1 which expires on 11/15/2006,and is not for resale. User Notes: (2587764472) Owner to substantiate the Contractor's right to payment,or(4)made examination to ascertain how or for what purpose the Contractor has used money previously paid on account of the Contract Sum. §14.2.3 The Architect&Owner may withhold a Certificate for Payment in whole or in part,to the extent reasonably necessary to protect the Owner,if in the Architect's&Owner's opinion the representations to the Owner required by Section 14.2.2 cannot be made.If the Architect&Owner is unable to certify payment in the amount of the Application,the Architect&Owner will notify the Contractor and 9h%er-as provided in Section 14.2.1.The Architect&Owner may also withhold a Certificate for Payment or,because of subsequently discovered evidence, may nullify the whole or a part of a Certificate for Payment previously issued,to such extent as may be necessary in the Architect's&Owner's opinion to protect the Owner from loss for which the Contractor is responsible,including loss resulting from acts and omissions described in Section 8.2.2,because of: PAGE 11 §14.4.1 Substantial Completion is the stage in the progress of the Work when the Wer-k or-designated peftiall the WME fer-its intended project reaches 97%completion. §14.4.2 When the Architect&Owner determines that the Work or designated portion thereof is substantially complete,the Architect&Owner will issue a Certificate of Substantial Completion which shall establish the date of Substantial Completion,establish responsibilities of the Owner and Contractor for security,maintenance,heat, utilities,damage to the Work and insurance,and fix the time within which the Contractor shall finish all items on the list accompanying the Certificate.Warranties required by the Contract Documents shall commence on the date of Substantial Completion of the Work or designated portion thereof unless otherwise provided in the Certificate of Substantial Completion.Upon the issuance of the Certificate of Substantial Completion,the Architect&Owner will submit it to the Owned Contractor for their written acceptance of responsibilities assigned to them in such Certificate. §14.5.1 Upon receipt of written notice that the Work is ready for final inspection and acceptance and upon receipt of a final Application for Payment,the Architect&Owner will promptly make such inspection and,when the Architect &Owner finds the Work acceptable under the Contract Documents and the Contract fully performed,the Architect &Owner will promptly issue a final Certificate for Payment stating that to the best of ''��stheir knowledge,information and belief,and on the basis of t their on-site visits and inspections,the Work has been completed in accordance with terms and conditions of the Contract Documents and that the entire balance found to be due the Contractor and noted in the final Certificate is due and payable.The Architect's&Owner's final Certificate for Payment will constitute a further representation that conditions stated in Section 14.5.2 as precedent to the Contractor's being entitled to final payment have been fulfilled. MroE 15 §19.2.2 When any of the above reasons exists,the Owner,upon certification by the Architect that sufficient cause exists to justify such action,may,without prejudice to any other remedy the Owner may have and after giving the Contractor seven days'written notice,terminate the Contract and take possession of the site and of all materials, equipment,tools,and construction equipment and machinery thereon owned by the Contractor and may finish the Work by whatever reasonable method the Owner may deem expedient.Upon request of the Contractor,the Owner shall furnish to the Contractor a detailed accounting of the costs incurred by the Owner in finishing the Work. In addition.the Owner may terminate the contract at anytime for any reason and shall pay the contractor for all costs incurred due to the termination plus 10%for profit and overhead Additions and Deletions Report for AIA Document A1071u—1997.Copyright©1936,1951,1958,1961,1963,1966,1970,1974,1978,1987 and 1997 by The American Institute of Architects. All rights reserved. WARNING:This AIA°Document is protected by U.S.Copyright Law and International 5 Treaties.Unauthorized reproduction or distribution of this A10 Document,or any portion of it,may result in severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 11:35:05 on 11/06/2006 under Order No.1000206815_1 which expires on 11/15/2006,and is not for resale. User Notes: (2587764472) Certification of Document's Authenticity AIA®Document D401 T" —2003 I,David R.Masiello,hereby certify,to the best of my knowledge,information and belief,that I created the attached final document simultaneously with its associated Additions and Deletions Report and this certification at 11:35:05 on 11/06/2006 under Order No. 1000206815_1 from AIA Contract Documents software and that in preparing the attached final document I made no changes to the original text of AIA®Document A107TM—1997-Abbreviated Standard Form of Agreement Between Owner and Contractor for Construction Projects of Limited Scope where the basis of payment is a STIPULATED SUM,as published by the AIA in its software,other than those additions and deletions shown in the associated Additions and Deletions Report. (Signed (Title) � � ,�-D . O � (Dated) AIA Document D401TM—2003.Copyright©1992 and 2003 by The American Institute of Architects. All rights reserved. WARNING:This AIA®Document Is protected by U.S.Copyright Law and International Treaties.Unauthorized reproduction or distribution of this AIA°Document,or any portion of It, 1 may result In severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law.This document was produced by AIA software at 11:35:05 on 11/06/2006 under Order No.1000206815_1 which expires on 11/15/2006,and is not for resale. User Notes: (2587764472) I TYPE OF SEWERAGE DISPOSAL Swimming ❑ Tanning/Massage/Body Art ❑ g Pools Public Sewer Well Tobacco Sales El Food Packaging/Sales El❑ ElPermanent Dumpster on Site Private(septic tank,etc. ❑ Electric Meter location to project NOTE: Persons contracting with unregistered contractors do not have access to the guarantyfund Signature of Agent/Owner Signature of contractor Plans Submittedx❑ Plans Waived ❑ Certified Plot Plan ❑. Stamped Plans THE FOLLOWING SECTIONS FOR OFFICE USE ONLY INTERDEPARTMENTAL SIGN OFF-U FORM DATE REJECTED DATE APPROVED PLANNING & DEVELOPMENT ❑ ❑ COMMENTS DATE REJECTED DATE APPROVED CONSERVATION ❑ ❑ COMMENTS DATE REJECTED DATE APPROVED HEALTH ❑ ❑ COMMENTS FIRE DEPARTMENT - Temp Dumpster on site yes no Fire Department signature/date p t COMMENTS el Zoning Board of Appeals: Variance, Petition No: Zoning Decision/receipt submitted yes Planning Board Decision: Comments Conservation Decision: Comments Water& Sewer Connection/Sgnature& Date Driveway Permit