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Building Permit #400 - 143 PHEASANT BROOK ROAD 11/7/2011
TOWN OF NORTH ANDOVER APPLICATION FOR PLAN EXAMINATION Permit N0: ®� Date Received Date Issued: _ IMPORTANT: Applicant must complete all items on this page LOCATION IL13 2c� - Print PROPERTY OWNER ►r C e IA`?,hr6CAt Unit# Print MAP NO: PARCEL:PARCEL:C.ta225 ZONING DISTRICT: Historic District ye no Machine Shop Village ye no 100 year-old structure ye no TYPE OF IMPROVEMENT PROPOSED USE Residential Non- Residential ❑ New Building ❑ One family ❑Addition ❑Two or more family ❑ Industrial ❑Alteration No. of units: ❑ Commercial ❑ Repair, replacement ❑Assessory Bldg f$'Others: ❑ Demolition ❑ Other Qe r 4)CA °® Septic 'iOtWeI1 °'D Floodplain' I® Wetlands , ® Wafe shtEI stns ' c — , ®Water/ewers _ ' ��•.�.. ..:� _� .�, ......�..: , _ DESCRIPTION IO'F WORK TO BE PERFORMED: ; (Identification Please Type or Print Clearly) OWNER: Name: &rle Z4 "- Phone: Address: /L/3 Pkgook ZIA A._14 �c r' r CONTRACTOR Name: c Phone: '�� �- 33 L/ Address: ", `t o I qy(D Supervisor's Construction License: 9 37q Exp. Date: 2 0 '771n, Home Improvement License: Exp. Date: ARCH ITECT/ENGINEER J1avi Ca 52r L,4 Phone: 5_Q8— q3(� --6VgV Address: 1,Z? eP), gs«4 S�, ltbr4kkeo. 11YA Reg. No. FEE SCHEDULE.BOLDING PERMIT.•$92.00 PER$9000.00 OF THE TOTAL ESTIMATED COST BASED ON$925.00 PER S.F. Total Project Cost: $- car,000 FEE: $ -� Check No.: gq(e Receipt No.: al:' a NOTE: Persons contractin ith nre st ed contractors do not have access to uar my fu r .. 1 .. A .. v1".�„t, 5. Signature of Age:nt/Owris ._ __.. �.r w�;,t Signature ofcontractor_.,.,..: ._, ,: Plans Submitted .V Plans Waived ❑ Certified Plot Plan ❑ Stamped Plans ❑ TYPE OF SEWERAGE DISPOSAL Public Sewer ❑ Tanning/Massage/Body Art ❑ Swimming Pools ❑ Well ❑ Tobacco Sales ❑ Food Packaging/Sales ❑ Private(septic tank,etc. ❑ Permanent Dumpster on Site ❑ THE FOLLOWING SECTIONS FOR OFFICE USE ONLY INTERDEPARTMENTAL SIGN OFF - U FORM DATE REJECTED DATE APPROVED PLANNING & DEVELOPMENT ❑ ❑ COMMENTS d"'L� j CONSERVATION Reviewed on Signature I ^ COMMENTS �� L I`EALT'H Reviewed on Signa ure COMMEit4TS Zoning Board of Appeals:Variance, Petition No: Zoning Decision/receipt submitted yes Planning Board Decision: Comments Conservation Decision: Comments Wafer & Sewer Connection/Signature& Date Driveway Permit DPW Town Engineer: Signature: Located 384 Osgood Street FIRE DEPARTMENT - Temp Dumpster on site yes no Located at 124 Main Street Fire Department signature/date COMMENTS f i Dimension + r Number of Stories: Total square feet of floor area, based on Exterior dimensions. Total land area, sq. ft.: ELECTRICAL: Movement of Meter location, mast or service drop requires approval of Electrical Inspector Yes No fi DANGER ZONE LITERATURE: Yes No MGL Chapter 166 Section 21A—F and G min.$100-$1000 fine NOTES and DATA — For department use ❑ Notified for pickup - Date I Doc:.Building Pemiit Revised 2011 June/mi Building Department _ I The following is a list of the required forms to be filled out for the appropriate permit to be obtained. j Roofing, Siding, Interior Rehabilitation Permits ❑ Building Permit Application o Workers Comp Affidavit ❑ Photo Copy of H.I.C. And/Or C.S.L. Licenses ❑ Copy of Contract o Floor Plan Or Proposed Interior Work 1 ❑ Engineering Affidavits for Engineered products NOTE: All dumpster permits require sign off from Fire Department prior to issuance of Bldg Permit Addition or Decks j o- Building Permit Application o Certified Surveyed Plot Plan o Workers Comp Affidavit ❑ Photo Copy of H.I.C. And C.S.L. Licenses o Copy Of Contract ❑ Floor/Crossection/Elevation Plan Of Proposed Work With Sprinkler Plan And Hydraulic Calculations (If Applicable-) o Mass check Energy Compliance Report (If Applicable) o Engineering Affidavits for Engineered products NOTE: All dumpster r erm' ts require sign offrom Fire Department prior to issuance of Bldg Permit New ConstructionSin le and Two Family) Y) L3 Building Permit Application ❑ Certified Proposed Plot Plan ❑ Photo of H.I.C. And C.S.L. Licenses ❑ Workers Comp Affidavit- o Two Sets of Building Plans (One To Be Returned) to Include Sprinkler Plan And Hydraulic.Calculations (If Applicable) o Copy of Contract o Mass check Ener Compliance mpliance Report o Engineering Affidavits for Engineered products. NOTE: All dumpster permits require sign off from Fire Department prior to issuance of Bldg .Permit In all cases if a variance or special permit was required the Town Clerks office must stamp the decision from the Board of Appeals that the appeal period is over. The applicant must then get this recorded at the Registry of Deeds. One copy and proof of recording must be submitted with the building application Doc: Doe.Building Permit Revised 2008mi i I Location No. Old Date M01tTh .TOWN OF NORTH ANDOVER " Certificate of Occupancy $ ♦ i � # �'+s""'°''<�• cMust Building/Frame Permit Fee $ 5.3 s� Foundation Permit Fee $ Other Permit Fee $ TOTAL $ Check # 0) Building Inspector 24795 �kORTH TO" of zAndover .. . o , '� lover, Mass., COCMICKEWICK 7,9 AoRAreo AP�,c'�� S U BOARD OF HEALTH Food/Kitchen PERMIT T D Septic System BUILDING INSPECTOR THIS CERTIFIES THAT......... . .�r..LAO .w................ � � rl r'.i... ........................ ....... ... Foundation has permission to erect ....... g 1 y. ........ ... . 6.40.)c 6 Rough to be occupied as........ .......�! Imo,....... ., M I Chimney . . .. . . .. . . . . . . ........................................ provided that the person accepting this permit shall in every respect conform the terms of the application on file in Final. this office, and to the provisions of the Codes and By-Laws relating to the Inspection, Alteration and Construction of Buildings in the Town of North Andover. PLUMBING INSPECTOR VIOLATION of the Zoning or Building Regulations Voids this Permit. Rough Final PERMIT' EXPIRES IN6 ® S ELECTRICAL INSPECTOR b UNLESS CONSTRUC ST*%OTO= Rough - Service BUILDING INSPECTOR Final Occupancy Permit Required to Occupy Building GAS INSPECTOR Rough Display in a Conspicuous Place on the Premises — Do Not Remove Final No Lathing or Dry Wall To Be Done FIRE-DEPARTMENT Until Inspected and Approved by the Building Inspector. Burner Street No. SEE REVERSE SIDE Smoke Det. t O� NORTH,q S�\O 1 �. •c a� po 0 Arlo I, �9SSACH►l5���� CONSERVATION DEPARTMENT Community Development Division NEGATIVE DETERMINATION OF APPLICABILITY SPECIAL CONDITIONS 143 Pheasant Brook Road, North Andover At the November 2 2011 public hearing, the North Andover Conservation Commission ACC voted to issue a Negative Determination of Applicability for the removal of approximately 180 of stone and mortar retaining wall and replacement with a Redi Rock retaining wall within the buffer zone to Bordering Vegetated Wetland (BVW). The project will be conducted widen a stormwater detention pond associated with the subdivision drainage. The wall is approximately 90' from the BVW. Applicant: Charlie LaMarca 143 Pheasant Brook Road North Andover,MA O�845 Record Documents: Request for Determination of Applicability and Associated Maps and Plans Submitted October 21, 2011 Plan Titled: Retaining Wall Construction Date: 10/18/11 Septic System Plan with hand edits Submitted: 10/21/11 Other Documents: Analysis of Redi Rock Wall Date: 10/18/11 3 pages I Prior to Construction I A 12'bark much or straw filled sock/tube shall be placed between the wall repair and the stone berm I at the center of the detention basin. This barrier shall serve to prevent migration of disturbed soils out of the detention basin and into the adjacent wetland resource area. The erosion control shall also serve as the limit of work. Erosion control shall be properly installed according to the manufacturer's instructions. Prior to the start of construction the applicant shall contact the Conservation Department for a preconstruction inspection of the installed erosion controls. The site contractor shall be present at this meeting. i :1600 Osgood Street,Building 20,Suite 2-36,North Andover,Massachusetts 01845 Phone 978.688.9530' Fax 978.688.9542 Web:http://-,vww.townofnorthandover.com./Pages/NAndoverMA—conservation/index During Construction °:• All work should be conducted under dry conditions. Excess material, stone, and construction debris shall be properly disposed of offsite. If material is stockpiled on site.for more than 24 hours it shall be covered or surrounded by erosion controls. Upon completion of the retaining wall, disturbed areas within the detention basin shall be restored to preconstruction grade. Post Construction Immediately following completion of the work,any disturbed areas shall be permanently stabilized j against erosion (erosion control matting and hydroseed shall be used if not seasonally appropriate to loam and seed). Upon completion of all requirements, the Conservation Department shall be contacted to conduct a final site inspection. I I i i I I I 1600 Osgood Street,Building 20,Suite 2-36,North Andover,Massachusetts 01845 Phone 978.688.9530 Fax 978.688.9542 Web:http://www.tlownofnorthandover.com/Pages/NAndoverMA_Conservation/index ILIMassachusetts Department of Environmental Protection Bureau of Resource Protection -Wetlands WPA Form 2 — Determination of Applicability Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 A. General Information Important: When filling out From: forms on the North Andover computer, use Conservation Commission only the tab. key to move To: Applicant Property Owner(if different from applicant): your cursor- do not use the Charlie LaMarca return key. Name: Name 143 Pheasant Brook Road raa Mailing Address Mailing Address North Andover MA 01845 City/Town State: Zip Code Cityrrown State Zip Code return 1. Title and Date(or Revised Date if applicable)of Final Plans and Other Documents: Septic System Plan with hand sketch by applicant 10/21/11 Title Date Analysis of Redi Rock Wall 10/18/2011 Title Date Retaining Wall Construction 10/18/2011 Title Date 2 Date Request Filed: 10/21/2011 B. Determination Pursuant to the authority of M.G.L. c. 131, §40, the Conservation Commission considered your Request for Determination of Applicability, with its supporting documentation, and made the following Determination. Project Description (if applicable): Removal and replacement of an existing retaining wall within the Buffer Zone to Bordering Vegetated Wetland. Project Location: 143 Pheasant Brook Road North Andover Street Address City/Town 106B Parcel 225 Assessors Map/Plat Number Parcel/Lot Number wpaform2.doc•Determination of Applicability rev.10/6/04 Page 1 of 5 ILIMassachusetts Department of Environmental Protection Bureau of Resource Protection -Wetlands WPA Form 2 — Determination of Applicability Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 B. Determination (cont.) The following Determination(s) is/are applicable to the proposed site and/or.project relative to the Wetlands Protection Act and regulations: Positive Determination Note: No work within the jurisdiction of the Wetlands Protection Act may proceed until a final Order of Conditions(issued following submittal of a Notice of Intent or Abbreviated Notice of Intent) or Order of Resource Area Delineation (issued following submittal of Simplified Review ANRAD) has been received from the issuing authority(i.e., Conservation Commission or the Department of Environmental Protection). El 1. The area described on the referenced plan(s) is an area subject to protection under the Act. Removing,filling, dredging,or altering of the area requires the filing of a Notice of Intent. El 2a. The boundary delineations of the following resource areas described on the referenced plan(s)are confirmed as accurate. Therefore, the resource area boundaries confirmed in this Determination are binding as to all decisions rendered pursuant to the Wetlands Protection Act and its regulations regarding such boundaries for as long as this Determination is valid. ❑ 2b. The boundaries of resource areas listed below are not confirmed by this Determination, regardless of whether such boundaries are contained on the plans attached to this Determination or i to the Request for Determination. i I ❑ 3. The work described on referenced plan(s) and document(s) is within an area subject to protection under the Act and will remove, fill, dredge, or alter that area. Therefore, said work requires the filing of a Notice of intent. ❑ 4. The work described on referenced plan(s) and document(s) is within the Buffer Zone and will alter an Area subject to protection under the Act. Therefore, said work requires the filing of a Notice of Intent or ANRAD Simplified Review(if work is limited to the Buffer Zone). ❑ 5. The area and/or work described on referenced plan(s) and document(s) is subject to review and approval by: Name of Municipality Pursuant to the following municipal wetland ordinance or bylaw: ... Name Ordinance or Bylaw Citation wpaform2.doc•Determination of Applicability•rev.10/6/04 Page 2 of 5 a LJMassachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands ltfilPA Form 2 — Determination of Applicability Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 B. Determination (cont.) ❑ 6.The following area and/or work, if any, is subject to a municipal ordinance or bylaw but not subject to the Massachusetts Wetlands Protection Act: ❑ 7: If a Notice of Intent is filed for the work in the Riverfront Area described on referenced plan(s). and document(s),which includes all or part of the work described in the Request, the applicant must consider the following (Refer to the wetland regulations at 10.58(4)c. for more information about the scope of alternatives requirements): ❑ Alternatives limited to the lot on which the project is located. ❑ Alternatives limited to the lot on which the project is located, the subdivided lots, and any adjacent lots formerly or presently owned by the same owner. ❑ Alternatives limited to the original parcel on which the project is located, the subdivided parcels,.any adjacent parcels, and any other land which can reasonably be obtained within the municipality. ❑ Alternatives extend to any sites which can reasonably be obtained within the appropriate region of the state. Negative Determination Note: No further action under the Wetlands Protection Act is required by the applicant. However, if the Department is requested to issue a Superseding Determination of Applicability, work may not proceed on this project unless the Department fails to act on such request within 35 days of the date the request is post-marked for certified mail or hand delivered to the Department. Work may then proceed at the owner's risk only upon notice to the Department and to the Conservation Commission. Requirements for requests for Superseding Determinations are listed at the end of this document. ❑ 1. The area described in the Request is not an area subject to protection under the Act or the Buffer Zone. 2.The work described in the Request is within an area subject to protection under the Act, but will not remove, fill, dredge, or alter that area. Therefore; said work does not require the filing of a Notice of Intent. ® 3.The work described in the Request is within the Buffer Zone, as defined in the regulations, but will not alter an Area subject to protection under the Act. Therefore, said work does not require the filing of a Notice of Intent, subject to the following conditions (if any). See attached conditions ❑ 4. The work described in the Request is not within an Are a subject to protection under the Act (including the Buffer Zone). Therefore, said work does not require the filing of a Notice of Intent, unless and until said work.alters an Area subject.to protection under the Act. wpaform2.doc.Determination of Applicability-rev.10/6/04 Page 3 of 5 Massachusetts Department of Environmental Protection Bureau of Resource Protection -Wetlands WPA Form 2 ® Determinati®n of Applicability Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 B. Determination (cont.) ❑ 5. The area described in the Request is subject.to protection under the Act. Since the work described therein meets the requirements for the following exemption, as specified in the Act and the regulations, no Notice of Intent is required: Exempt Activity(site applicable statuatory/regulatory provisions) ❑ 6. The area and/or work described in the Request is not subject to review and approval by: Name of Municipality Pursuant to a municipal wetlands ordinance or bylaw. North Andover Wetlands Protection Bylaw Chapter 178 Name Ordinance or Bylaw Citation C. Authorization This Determination is issued to the applicant and delivered as follows: ❑ by hand delivery on V.by certified mail, return receipt requested on Date � Date' This Determination is valid for three years from the date of issuance (except Determinations for Vegetation Management Plans which are valid for the duration of the Plan). This Determination does not relieve the applicant from complying with all other applicable federal, state, or local statutes, ordinances, bylaws, or regulations. - This Determination must be signed by a majority of the Conservation Commission. A copy must be sent to the appropriate DEP Regional Office(see hfti)://www.mass.gov/dei)/about/region.findyour.htm)and the property owner(if different from the applicant). Signatures: - i Date wpaform2.doc•Determination of Applicability•rev.10/6/04 Page 4 of 5 Massachusetts Department of Environmental Protection Bureau of Resource Protection -Wetlands WPA Form 2 ® Determination of Applicability Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 D. Appeals The applicant, owner, any person aggrieved by this Determination, any owner of land abutting the land upon which the proposed work is to be done, or any ten residents of the city or town in which such land is located, are hereby notified of their right to request the appropriate Department of Environmental Protection Regional Office(see http://www.mass.gov/dep/about/reaion.findyour.htm)to issue a Superseding Determination of Applicability. The request must be made by certified mail or hand delivery to the Department, with the appropriate filing fee and Fee Transmittal Form(see Request for Departmental Action Fee Transmittal Form)as provided in 310 CMR 10.03(7)within ten business days from the date of issuance of this Determination. A copy of the request shall at the same time be sent by certified mail or hand delivery to the Conservation Commission and to the applicant if he/she is not the appellant. The request shall state clearly and concisely the objections to the Determination which is being appealed. To the extent that the Determination is based on a municipal ordinance or bylaw and not on the Massachusetts Wetlands Protection Act or regulations, the Department of Environmental Protection has no appellate jurisdiction. I i I i wpaform2.doc•Determination of Applicability pp y- rev.10/6104 I, Page 5 of 5 ILIMassachusetts Department of Environmental Protection Bureau of Resource Protection -Wetlands Request for Departmental Action Fee Transmittal Form Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 A. Request Information Important: When filling out 1. Person or party making request(if appropriate, name the citizen group's representative): forms on the computer, use Name only the tab key to move your cursor- Mailing Address do not use the return key. City/Town State Zip Code rab Phone Number Fax Number(if applicable) Project Location mum Mailing Address City/Town State Zip Code 2. Applicant(as shown on Notice of Intent(Form 3), Abbreviated Notice of Resource Area Delineation (Form 4A); or Request for Determination of Applicability (Form 1)): Name Mailing Address Cityrrown State Zip Code Phone Number Fax Number(if applicable) 3. DEP File Number: B. Instructions 1. When the Departmental action request is for(check one): ❑ Superseding Order of Conditions ($100 for individual single family homes with associated structures; $200 for all other projects) ❑ Superseding Determination of Applicability($100) ❑ Superseding Order of Resource Area Delineation ($100) Send this form and check or money order for the appropriate amount, payable to the Commonwealth of Massachusetts to: Department of Environmental.Protection Box 4062 Boston, MA 02211 wpaform2.doc•Request for Departmental Action Fee Transmittal Form•rev.10/6/04 Page 1 of 2 Massachusetts Department of Environmental Protection Bureau of Resource Protection -Wetlands Request for Departmental Action Fee Transmittal Form Massachusetts.Wetlands Protection Act M.G.L. c. 131, §40 B. Instructions (cont.) 2. On a separate sheet attached to this form, state clearly and concisely the objections to the Determination or Order which is being appealed. To the extent that the Determination or Order is based on a municipal bylaw, and not on the Massachusetts Wetlands Protection Act or regulations, the Department has no appellate jurisdiction. 3. Send a copy of this form and a copy of the check or money order with the Request for a Superseding Determination or Order by certified mail or hand delivery to the appropriate DEP Regional Office (see http://w".mass.gov/dep/about/re ioq n/findyour.htmL 4. A copy of the request shall at the same time be sent by certified mail or hand delivery to the Conservation Commission and to the applicant, if he/she is not the appellant. wpaform2.doc•Request for Departmental Action Fee Transmittal Form•rev.10/6/04 Page 2 of 2 1 l C.D. RILEY CONTRACTING O/O Chris Riley 3 Friendship Lane Lynnfield,MA 01940 781-334-5423 September 8,2011 Contract#2011-73 Charlie LaMarca 143 Pheasant Brook Rd North Andover,MA RE: Retainim Wall at,LaMarca Residence,North Andover,MA Dear Charlie, The following proposal is for a "TURN-KEY" job, C.D. Riley will perform all work associated with the supply and construction of the gravity retaining wall structures. Based on the site and plans drawn by SVE Engineering, it was concluded that the Redi-Ropk retaining wall requirements are the following: The wall(s) will have a total face square footage of approximately: 900 SF (this number is inclusive of below grade burial of block,which is required for all retaining wall systems) The following items are included in our proposal and will be Provided by C.D.Riley:. 1-Install Rech-Rock wall block, Cobble Stone face, Tops,and Corners.(block to be provided by home owner. 2-Install Drainage(if needed) 3-Delivery to jobsite. 4-Labor and Equipment to install the Redi-Rock walls and earth-reinforced zone including the leveling pad.The reinforced zone material will be installed behind the wall,around other drainage structures and compacted by C.D.Riley(see point#1,page#2) 5-Install 3/a" stone for 8-10" leveling pad and drainage behind wa116-Install granite coping along the top of the wall. 7-Engineering for the wall is to be paid for by the homeowner. Price included in the total cost below. 8-C.D. Riley will stock pile all rock from the existing wall. C.D. Riley is responsible for any trucking of materials on or off the site. Total for complete wall package: TOTAL COST`Turn-Key.......$ 14,000(includes applicable taxes). Thank you for considering C.D.Riley for your project.If you have any questions or comments,please feel free to contact me at 781-334-5423. I look forward to working with you on this project. Sincerely, Chris Riley a W C.D.RILEY LaMarca Residence,North Andover,MA BID PARAMETERS and RESPONSIBILITY OFHOME OWNER,Charlie LaMarea: Subcontractor,C.D.RILEY: 1.The contractor will supply fill and or stone for the reinforced zone and drainage(within 50&of the wall construction) in which the backfill material meets or exceeds the design criteria. The C.D. Riley shall su»nly the backfill material and stone in sufficient quantities,so as not to slow the erection of the walls if needed. Failure to do so may result in remobilization and/or additional daily fees for equipment and construction delays at contractor's expense. The site contractor will install the fill areas adjacent to, behind,and above the reinforced zone. 2. Site contractor(C.D. Riley) will perform excavation for the reinforced zone& leveling pad within+/- 2/10 of a foot to the bottom of the leveling pad grade as per plan. Wall must be prepared prior to construction start.Delays due to lack of preparation are contractor's responsibility. 3.The site contractor(C.D.Riley)is responsible for surveying or wall layout per design drawings 4. All disturbed lawn areas will be top dressed with screened loam and hydro-seeded.. All other landscaping, plantings, etc, are not the responsibility of C. D. Riley unless agreed by a written change order. ` 5.Traffic maintenance, shoring and pile driving is not the responsibility of C.D.Riley unless agreed by a written change order. 6.Testing of soils,aggregates or other materials are not the responsibility of C.D.Riley unless agreed by a written change order. 7.Bonds,fees,and taxes,are t the responsibility of C.D.Riley. C.D.Riley will pull the building permit, the cost is included in the stated price. 8.Permanent fence at the top of the retaining wall and sides are not the responsibility of C.D.Riley. 9. Ledgeencountered in the leveling pad or reinforced zone_is not the responsibility of C.D.Riley unless agreed by a written change order. 10.Erosion and sediment control is not the responsibility of C.D.Riley 11.C.D.Riley is not responsible for slight color variations in block,which may occur due to sand,moisture content,aggregate changes,or any manufacturing change of block. 12.Contractor,owner/owner representatives must ensure that no personnel,other than the wall crew,enter the reinforced zone unless a C.D.Riley representative is present. 13.Please note,on-site soils must meet or exceed below criteria.-(see point#1 page#2). Assumed Design Parameters(Site Soils): Reinforced Fill Retained Soil Foundation Soil Phi angle 300 300 300 S A � Density 115 pcf 115 pcf 115 pcf C.D.RILEY LaMarca Residence,North Andover,MA TERMS: 1. Total face square footage = 900 SF Quantities are approximate and will be determined by the final design drawings and field conditions. C.D.Riley has the right to adjust both our square foot pricing and quantities if site conditions vary and deem necessary. 2.Heights of the walls were determined from the grading pian provided. 3. Any addition of the retaining wall structures, after design is complete and approval met, which may requireredesign,will be charged our normal square foot price of$2.00 sq R for design.Any change of the retaining walls after construction has started will be considered a change in the field and require an approved change order before construction continues. All such changes shall be by written change order signed by both parties. 4.Union&Prevailing wage rates were not applied for this project. 5.One hour allotted to unload per delivery.Drop off must be in close proximity to walls or an agreed upon location that does not place truck or product in damaging situation. Additional delivery time due to restricted access to site or any circumstances that would restrict delivery is at contractor's expense.There is a 2-3 day lead-time for product delivery after initial order for each project. 6.C.D.Riley will not accept any back charges,including goods and services,unless notified in writing,in advance. It is at the discretion of a C.D.Riley representative to accept or refuse any return product. Additionally,any product wishing to be returned by the contractor,if agreed upon,will be assessed a 20% restocking fee plus the cost of trucking. Such cost shall not be the responsibility of C.D.Riley. 7.Payment schedule: $900 If and/or when Plans need to be drawn up �-$4,300 is due with returned signed contract $4,300 is due at midpoint of construction,approx 450 sq ft $4,500 is due upon completion of the job 8.By signing this agreement,the client agrees to this contract with C.D.Riley. This proposal is valid for 30 days. By signing this agreement, the client authorizes C.D. Riley to proceed with the project as is outlined in the proposal. This proposal will be part of any contract drawn up by the client 9. Soil characteristics used in our preliminary design to arrive at a bid price was assumed to meet the following gradation criteria: Less than 15%passing the #200 sieve. If the quantity of fines passing the #200 sieve exceeds 15% up to a maximum of 35%per NCMA design requirements, an additional heel drain will be required at the back of the reinforced zone which should consist of a drainage composite, pipe,provided by C.D. Riley.The drainage aggregate is to be supplied by site contractor. The cost of the heel drain is included in the above price. 10.C.D.Riley may terminate the contract if the work is stopped for a period of thirty(30)days through no act or fault of C.D.Riley,or for. 1. Issuance for an order of a court or other public authority having jurisdiction; 2. An act of goverment, such as a declaration of national emergency, making material unavailable; 3. Because the Contractor has not made a payment properly due to C. D.Riley within the time stated in the Contract Documents and pursuant to this Agreement. If one of the above reasons exists, C.D. Riley may, upon seven(7)days written notice to the Contractor, terminate the Contract and recover from the Contractor payment for all Work executed, the Lump Sum earned to date, and for any proven loss sustained upon any materials, equipment, tools, construction equipment and machinery,including reasonable profit and damages. 11. Payments due and unpaid under the contract shall bear interest from the date payment is due at the legal rate prevailing from time to time at the place where the Project is located or at the rate of ten (10%)per annum,whichever is greater. 12. This Agreement and the documents incorporated by reference herein represent an entire and'integrated agreement between C..D. Riley and home owner, Charlie LaMarca and supersede all prior negotiations, representations or agreements,either written or oral. This Agreement may be amended only by a written instrument signed by both C. D. Riley and Contractor and is to be construed under the laws of the Commonwealth...of.Massachusetts. The parties agree that jurisdiction.and venue of any legal matter.set forth herein shall be in the Commonwealth of Massachusetts. Accepted By: Charlie LaM t i Si Print Name Date BLOCK LIST Elev. = 106.0 POND SURFACE UNIT QUANTITY .� ,:.... NON—WOVEN GEOTEXTILE FABRIC 41" BASE 36 41" mid 4" DIA. DRAIN PIPE OUTLET 1" MIDDLE 124 THROUGH WALL AT MIDPOINT AND x 41" mid 2' AWAY FROM ENDS OR ALONG 1" MIDDLE HALF 2 lev. = 101.5 NEAREST BLOCK SEAM. NOTES = base 1" DIA. DRAINSTONE [1l CONSTRUCT CMU BLOCK WALL IN ACCORDANCE W/MFG. 8" TOP 46 Elev. 100.5 41 x= = 100.0 TO EXTEND AT LEAST ARDEN CORNER 2 12" BEHIND WALL [21 PLACE FILL BEHIND WALL IN MAX.8"LIFTS AND COMPACTED TO 95%OF MAXIMUM Eley = 9.0 DRY DENSITY. bT [3]DESIGN ENGINEER SHALL OBSERVE SOILS IN BASE EXCAVATION FOR SUITABILITY r OF USE PRIOR TO CONSTRUCTION OF RETAINING WALL. UNDISTURBED NATURAL SOIL OR SUBGRADE COMPACTED TO 957 5' minimum MAXIMUM DRY DENSITY (MODIFIED PROCTOR) PER ASTM D1557 REDI-ROCK RETAINING WALL TYPICAL CROSS SECTION NOT TO.SCALE 28" TOP 28" TOP28" TOP GARDEN CORNER ro " HALF 41ASE - - 200 SE 21.1' 411 .2 1 BASE 140.3' OfRA,q�S - -- - ---- ---- - _ -......... _ .. ----. --- - -- __._ _-_. _ ----- ---- - – -_- ------------- _-. _ __.. _-------------- - --—c-- �ti- SZ€LA CML Ilio-46909 � t 14dip D REDI ROCK WALL �o�aLE ESC, Inc. PRO1"=2 ' VIEW Engineering a Surveying o Construction Services OWNER/APPLICANT: RETAINI]�G WALL CONS TR C TIO N 127 Pleasant Street P 508.936.0484 CHARLIE LAMARCA FOR Northborough, MA 01532 F 508.936.0482 143 PHEASANT BROOK RD. 143 PHEASANT BROOK RD. 9 NORTH ANDOVER, MA NORTH ANDOVER, MASSACHUSETTS www.adeptesc.com Date: 10 1 s 11 1 OF 1 BLOCK LIST Elev. = 106.0 GROUND SURFACE UNIT QUANTITY NON—WOVEN GEOTEXTILE FABRIC 41 BASE 36 41" mid 4" DIA. DRAIN PIPE OUTLET 41 MIDDLE 124 THROUGH WALL AT MIDPOINT AND 41" mid 2' AWAY FROM ENDS OR ALONG 1" MIDDLE HALF 2 lev. = 101.5 NEAREST BLOCK SEAM. NOTES 8" TOP 46 Elev. = 100.5 1 ,41 base 1" DIA. DRAINSTONE [1]CONSTRUCT INTERLOCKING CMU BLOCK WALL IN ACCORDANCE W1 MFG. TO EXTEND AT LEAST RECOMMENDATIONS. ARDEN CORNER 212" BEHIND WALL [2]PLACE FILL BEHIND WALL IN MAX.8"LIFTS AND COMPACTED TO 95%OF MAXIMUM Elev, = 99.0 DRY DENSITY. o [3]DESIGN ENGINEER SHALL OBSERVE SOILS IN BASE EXCAVATION FOR SUITABILITY OF USE PRIOR TO CONSTRUCTION OF RETAINING WALL. UNDISTURBED NATURAL SOIL OR SUBGRADE COMPACTED TO 95% 5' minimum MAXIMUM DRY DENSITY (MODIFIED PROCTOR) PER ASTM D1557 REDI—ROCK RETAINING WALL TYPICAL CROSS SECTION NOT TO SCALE 28" TOP 28" TOP 28" TOP GARDEN CORN R 105 1" HALF 100 41 BASE 41 BAS —' 19.2' 1 BASE 140.3' 11A OFRigs Cy MARK E. p SZELA -� CIVIL f�o.46909 de t /� D REDI ROCK WALL �o�ALPROF E ESC, Inc. 1"=20LE VIEW Engineering • Surveying s Construction Services OWNER/APPLICANT: RETAINING WALL C 0 NS TR C TIO N 127 Pleasant Street P 508.936.0484 CHARLIE LAMARCA FOR Northborough, MA 01532 F 508.936.0482 143 PHEASANT BROOK RD. 143 PHEASANT BROOK RD. 9 NORTH ANDOVER, MA NORTH ANDOVER, MASSACHUSETTS www.adeptesc.com Date: 10 18Z11 1 OF 1 r "DESIGNED FOR:Charlie LaMarca P- PREPARED BY:Jude Gauvin IF- E-MAIL- Analysis of Redi Rock wall Input data i Project Task Redi-Rock Wall-Calculations Descript. 11=6% LL=O psf, BS= Flat Author Jude Gauvin Customer : Charlie LaMarca Date 10/18/2011 Na3lme Pro eci, N = Y ' t Sta e 1 ° iks;1.50ft 4 + 6.00 3 ° 3ks,4.50ft Beta: -15.00 j 2 1.00 2,50 /✓°° �/ ! --- - 1 % �/ ,/ 1.00 # //�A :•— / / ._ # 1.00 : V 5.25 °/ Geomet �� �l3escrtpttort ' ` 4 1 Block 41 3 1.62 2 ,.;,Toe block 28 1 1.62 Base Geometry Upper setback a, = 1.00 1ft �OPM Lower setback a2 = 1.00 Ift 46� Height h = 1.00 ft Width b = 5.25A E. TELA Material CIVIL M `Soil creating foundation-Crushed Stone#57 I 48909 0 �4 ,3. Soil bearing capacity Rd= 16000.0 psf srea .� AL EAG Basic soil parameters d J ; ` DESIGNED FOR:Charlie LaMarca P_ I PREPARED BY:Jude Gauvin F- I E-MAIL- i 7 S N 1ne Pattet' Q y 1 Silty Sand i °�D° ° 28.00 O.Q: 120.00 67.50 18.30 2 Crushed Stone#57 40.00 0.0' 130.00 77.50 26.00 All soils are considered as'cohesionless for at rest pressure analysis. Soil parameters I Silty Sand Unit weight: Y = 120.0 pcf Stress-state : effective Angle of internal friction : cpef = 28.00 ° Cohesion of soil : j cef = 0.0 psf Angle of friction struc.-soil g = 18.30o Saturated unit weight: 7sat= 130.0 pcf Crushed Stone#57 Unit weight: y = 130.0 pcf { Stress-state . effective Angle of internal friction : (Pef = 40.000 i Cohesion of sol! : cef = 0.0 psf Angle of friction struc.-soil g = 26.000 { Saturated unit weight: Ysat= 140.0 pcf i i ! i Geological profile and assigned soils 1 - Silty;Sand �r Terrain profile Terrain behind the structure is flat. Resistance on front face jof the structure Resistance on front face of the structure: at rest I Soil on front face of the structure-Silty Sand Soil thickness in front of structure h = 2.50 ft Soil slope in front of structure p = -15.00 ° Global settings Active earth pressure calctalatian-Coulomb � Passive earth pressure calculation -Cagout-Kerisel I Settings of the stage of construction Analysis carried out according to classical theory(safety factor) Safety factor for slip = 1.50 Safety factor for overturning = 1.50 Factor of safety for bearing capacity = 2.00 Hinge Height Concept is not considered in analysis. MRF(block-soil found.) µ'= 0.70 Masonry friction reduction factor base-soil µ= 1.00 Verification No. °I r 3� w�xwawrw DESIGNED FOR:Charlie LaMarca P- PREPARED BY:Jude Gauvin F- E-MAIL- Pressure at rest distribution on front face of the structure Layer $teat(ft} 1 ayvv 1 laresure a I r +cramp Vert camp ' I 1 0.00 1, 0.0 0.0 0.0 0.0 0.0 1.50:1 180.0 0.0 83.0 I.. 83.0 0.0 1.50 180.0 0.0 154.8 14.4 154.2 2 1.50 180.2 0.0 155.0 14.4 154.3 3 1.50 180.2 0.0 83.1 83.1 0.0 2.50 ( 300.0 0.0. 138.4 138.4 0.0 ActiveiDressure, distribution behind the structure without surchar e Layer Start(ftp oz =; Fresuer camp alert comp r, I `. "p$flge 0.00 0.0 0.0 0.0 0.0 0.0 1 0.42 j 50.0 0.0 35.0 18.1 30.0 0.42 i 50.0 0.0 35.0 18.130.0 2 1.50 180.0 0.0 126.2 65.0 108.2 3 1.50 ! 180.0 0.0 53.6 i 51.8 13.7 4.68 561.2 0.0 167.1 161.5 42.8 4.68 561.2 OA 393.4202.6 T 337.2 i 4 6.001 720.0 0.0; 504.7 259.9 432.6 5 6.00 i 720.0 0.0 231,5 219.8 72.7 7.00 840.0 0.0 270.1 256.5 84.8 Forces acting on construe ction Ibf ftl,l' .( �, coeff�c�ent Weight-wall 0.0` -2.98 3009,2 2.75 1.000 FF resistance ; -172.9 -0.83 02 0.50 1.000 Weight-earth wedge 0.0 -1.44 69.5 4.69 1.000 Weight-earth wedge I 0.0` -6.42 1 M.5 , 3.37: 1.000 Active pressure 931.8 -2.30: 759 211 4.81 1.000 Verification of complete wall Check for overturning stability Resisting moment Mres = 12856.0 lbfft/ft i Overturning moment Movri = 1997.7 lbffYft I Safety factor=6.44 > 1.50 Nall for overturning is SATISFACTORY Check for slip I Resisting horizontal force JHres = 2136.74 Ibf/ft Active horizontal force jHact = 758.87 lbf/ft Safety factor=2.82 > 1.50; Wall for slip is SATISFAd,TORY Forces acting at the centre of footing bottom Overall moment M = 4,09.4 Ibfft/ft Normal force N = 4018.63 Ibf/ft Shear force Q = 758.87 Ibf/ft Overall check-WALL is SATISFACTORY i 'DESIGNED FOR:Charlie LaMarca P- PREPARED BY:Jude Gauvin F- E-MAIL- Bearing -MAIL- Bearing capacity of foundation soil Forces acting at the cen re of the footing bottom 14110ment I Noom Ioree 4 Shearo`re ccentricety s Stress lAtTllbe6 §.!J�y �, ��bfftlft] Ibffft ti [Ibf/ft] ,ry n} �A t ] ' 1 : -309.4 4018.63 :758.87 0.00 765.5 Bearing capacity of foundation soil check Eccentricity verification Max. eccentricity of normal force e = 0.00 in Maximum allowable eccentricity ealw = 20.79 in Eccentricity of the normala force is SATISFACTORY j Footing bottom bearing capacity verification Max. stress at footing bottom a = 765.5 psf Bearing capacity of foundation soil Rd = 8000.0 psf Safety factor= 10.45 >2.6.0 Bearing capacity of founkiation soil is SATISFACTORY Overall verification -bea�ing capacity of found.soil is SATISFACTORY I Dimensioning No. 1 Pressure at rest distribution on front face of the structure i Dyer Start[ft] yaz pq(�y + Prea a e+ si r G�jro�p ' + alert comp A r s C' •"A 1 0.00 0.01 0.0 0.0 0.0 0.01 1.50 180.0 0.0 83.0 ! 83.0. 0.0 Active 3ressure distribution behind the structure twithout surchar e Egad' ft ra r � E,:,".� vr, . i•. .:. � � # .. sl. �,e.rF!� � :i t, �•5� p�-d is'� � .1 R.� ..Ip?.f� 4� .r :tt�fl r 1 0.00 0.0 0.0 0.0 0.0 0.0 0.42 50.0 0.0 35.0 { 18.1 30.0 2 0.42 150.0 0.0 35.0 18.1 30.0 1.50 180.0 0.0 i 126.2 65.0 108.2 3 1.50 180.0 0.01 53.6:: 51.8 13.7 6.00:1 720.0 0.0 214.4 207.2 55.0 Forces acting on construction s; coeffecient Weight-wall 0.0 -2.70 21326.7 j 1.78 1.000 FF resistance -62.3' -0.50 0.0 0.00 1.000 ,. .... Weight-earth wedge i 0.0: -5.42 180.51 I 2.37 1.000 Active pressure 631.6 -2.05 35.7 3.44 1.000 Verification of block No.,, I Check for overturning stability Resisting moment Mr®S = 5387.0 Ibfft/ft Overturning moment Movr = 1261.7 Ibfft/ft ! Safety factor=4.27 > 1.50' i I j + I � jDESIGNED FOR:Charlie LaMarca P- PREPARED BY:Jude Gauvin r F- ! E-MAIL- Joint for overtegning stability is SATISFACTORY Check for slip Resisting horizontal force Hres = 1611.12 Ibf/ft Active horizontal force Hact = 569.29 Ibf/ft I Safety factor=2.83> 1.50 Joint for verification is SATISFACTORY I I Verification of bearing capacity of soil. Maximum stress ; a = 911.9 psf Bearing capacity of footingmaterial Rd = 16000.0 psf Safety factor= 17.55>2.06 Footing bearing capacity Is SATISFACTORY i I I I I I i i i j 1 I 1 1 i i I I i 1 I � 1' i F K � tss�,cl�usctts - l:Del)arti1'i.11t t)f Public S111'e0 Board of Built hig Regulatitrlls &Md Stand-trtls License: CS 69374 TIMOTHY J. ROUGHER 31 STATION RD SALEM, MA 01970 , Expiration: 12/26/2012 T r4: 7279 ,.•.... 1�t �;�tchrr4�:�tte Inc*la�rr•�r e,)t of Public �aret` E rt�u•tl Hyl' Bijilding Re, ulatiOtrs 'Incl St"nclur•tl� License.: CS 69374 M4 ` TIMOTHY J BOUCHER J k4 w 31 STATION `RD SALEM, MA 011979 Expiration: 12/26/2012 T r#: 7279 CERTIFICATE OF LIABILITY INSURANCE DATE PRODUCER (781)942-2225 FAX (781)942-2226 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Gilbert Insurance Agency, Inc. ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE 137 Main Street HOLDER.THIS CERTIFICATE DOES NOT AMEND,EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Reading, MA 01867-3922 INSURERS AFFORDING COVERAGE NAIC# INSURED CHRIS RILEY DBA C.D. RILEY LANDSCAPING INSURERA: Travelers 3 Friendship Lane INSURERB: Phoenix Ins Co 25623 Lynnfield, MA 01940 INSURERc: Hartford Fire Insurance Co. 19682 INSURER D: INSURER E: COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED.NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. rA POLICY EFFECTIVE POLICY EXPIRATION DATE(MMRHVM TYPE OF INSURANCE POLICY NUMBER LIMITS GENERAL LIABILITY. I680581SM663-ACJ-11 10/04/2011 10/04/20.12 EACH OCCURRENCE $ 1,000,00 S X COMMERCIAL GENERAL LIABILITY DAMAGE TO RENTEDne� $ 300,00 CLAIMS MADE I OCCUR MED EXP(Any one person) $ 5,0 PERSONAL&ADV INJURY $ 1,000,00 GENERAL AGGREGATE $ 2,000,001 GEML AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMPIOP AGG $ 2,000,00C PRO- -xi POLICY M JEC7 LOC AUTOMOBILE LIABILITY BA-51806705-09-SEL 11/15/2010 11/15/2011 COMBINED SINGLE LIMIT $ ANY AUTO (Ea accident) 1,000 OO ALL OWNED AUTOS BODILY INJURY $ B X SCHEDULEDAUTOS (Per person) X HIREDAUTOS BODILY INJURY $ X .NON-OWNEDAUTOS (Per accident) PROPERTY DAMAGE $ (Per accident) GARAGE LIABILITY AUTO ONLY-EA ACCIDENT $ ANY AUTO OTHER THAN EA ACC $ AUTOONLY: AGG $ EXCESS/UMBRELLA LIABILITY EACH OCCURRENCE $ OCCUR a CLAIMS MADE AGGREGATE $ DEDUCTIBLE $ RETENTION $ $ WORKERS COMPENSATION AND 08WECTJ7426 05/24/2011 05/24/2012 WRYLIMII-TS ER EMPLOYERS'LIABILITY C ANY PROPRIETORIPARTNER/FXECUTIVE E.L.EACH ACCIDENT $ 100,00 OFFICERIMEMBER EXCLUDED? E.L.DISEASE-EA EMPLOYEE $ 100,00 If yes,describe under SPECIAL PROVISIONS below E.L.DISEASE-POLICY LIMIT $ 500 OO OTHER DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS Evidence of Coverage ERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF,THE ISSUING INSURER WILL ENDEAVOR TO MAIL 10 DAYS WRITTEN.NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER,ITS AGENTS OR REPRESENTATIVE& Evidence of Coverage AUTHORIZED REPRESENTATIVE Mark Gilbert CIC ACORD 25(2001108) ©ACORD CORPORATION 1988 I Massa. uusetts Home Improvement Sample Contract This form satisfies all basic requirements of the state's Home Improvement Contractor Law(MGL chapter 142A),but does not include standard language to protect homeowners Seek legal advice if necessary. Any person planning home improvements should first obtain a copy of"A Massachusetts Consumer Guide toy Home Improvement"before agreeing to any work on your residence.You may obtain a free copy by calling the Office of Consumer Affairs and Business Regulation's Consumer Information Hotline at 617-973-8787 or 1-888-283-3757 or on our website. . Home weer Ianformation _ Contractor � � . Information J m Name K l L E "tt.l bS`L.Q /AJ Company Name 14 h Aga �? �mry a!c � C�ri s-k-o h svr 1� ► l Street Address(do not use a Post Office Box address) Contractor/Salespe son/Owner Name Ci /Town r-6 tY�S Y3 City/Town State Zip Code Business Address(must include a1ttreet address) poSn .`� ,c� Daytime Phone Evening Phone City wn State Zip Code Z,3 �-1 �S Mailing Address(It different from above) Business Phone Federal Employer ID or S.S.Number • ! Home Improveme Lmv requires that most he nt Contractor Reg.Number Expiration date me improvement contractors hall. a valid registration number The Contractor agrees to do the fallowing work for the Homeowner: (Describe in detail the work to completed,specifying the type,brand,and grade of materials to be used,use additional sheets ifnecessary.) I Q i C3 . i i Required Permits-The followin Ibuildin gl ; g permits are required Proposed Start and Completion Schedule-The following schedule will and will be secured by the contractor as the homeowner's agent: be adhered to unless circumstances beyond the contractor's control arise (Owners who secure their own permits will be excluded from the Guaranty fund provisions of Date when contractor will begin contracted work MGL chapter 142A.) : i Date when contracted work will be substantially completed. Total Contract Price and Paymelit;Schedule The Contractor agrees to perform the work,furnish the material and labor specified above for the total sum of: (�) Payments will be made according tothe following schedule: $ 6 0 upon signing contract(not to exceed 1/3 of the total contract price or the cost of special order items,whichever is greater) by /_ or upon completion of _., by / or upon completion of upon completion bfthe contract. (Law forbids demanding full payment until contract is completed to both party's satisfaction) The following material/equipment must be special $ ® to Ue paid for ordered before the contracted work begins in order to meet the completion schedule i(* $ to be paid for NOTES:(*)Including all finance charges(**)Law requires that any deposit or down-payment required by the contractor before work begins may not exceed the greater of I(a)one-third of the total contract price or(b)the actual cost of any special equipment or custom made material which must be special ordered in advance to meet the completion schedule. i x ress Warren v-Is an D xpresswar!:,anill7ben rovided b the contractor Subcontractors-The contractor agrees to be solely responsible for completN111ion of❑ iles all terms of the warren must be attached to the contract p the work 'described party/subcontractor c described regardless of the 3 r utilize g action d b the contractor. s of anthird Y 1 The contractor further agrees to be solely responsible for all payments to all Subcontractors for Materials and labor under this a Bement Contract Acceptance-Upon signing,this document becomes a binding contract under law. Unless otherwise noted within this document,the contract shall not imply that any lieu or other security interest has been placed on the residence. Review the following cautions and notices carefully before signing this Conti t! Il • Dont� pressured into be signing!the contract.Take time to read and fully understand it. Ask questions if something is unclear. • Make sure the contractor has al�,alid Home Improvement Contractor Registration. The law requires most home improvement contractors and Subcontractors to be registered,wi the the Director of Home Improvement Contractor Registration. You may inquire about contractor 5 registration by writing to the Director at 10 Park Plaza,Room 5170,Boston MA 02116 or by calling 617-973-8787 or 888-283-377. • Does the contractor have insurance? Ask the Contractor for his insurance company information so that you cofim coverage,or ask to see a copy of a"proof of insurLce"document. can nr • Know your rights and responsibilities. Read the Important Information on the reverse side of this form and get a copy of the Consumer Guide to the Home Improvement Contractor Law. ; j You may cancel this agreement if it has been signed at a place other than the contractor's normal place of business,provided you notify the contractor in writing at his/her maim office or branch office by ordinary mail posted,by telegram sent or by delivery,not later than midnight of the third business day following the signing of this agreement. See the attached notice of cancellation form for an explanation of this right. DO NOT SIGN, THIS CONTRACT IF THERE ARF. Two dentical pi he contract must be completed and signed. One copy should go to the homeowner NThhee oBL ANK SPACES�!� gopy should be ke a contractor. F Ho r Signature ! j Contr r s Signature tv —2o—H Date Io- 2I — 1 j Date Contractor Arbitration The Home Improvement Contractor Law provides homeowners with the right to initiate anlarbitration action(as an alternative to court action)if they have a dispute with a contractor. The same right is not automatically afforded to a contractor,however. The contractor would have to resolve any dispute he/she has with a homeowner in court unless both parties agree to the optional clause provided below. This clause would give the contractor the same right to arbitration as is afforded to the homeowner by the Home Improvement Contractor Law. i ! The contractor and the homeowner hereby mutually agree in advance that in the event the contractor has a dispute concerning this contract,the contractor may submit the dispute to a private arbitration firm)which has been approved by the Secretary of the Executive Office of Consumer Affairs and Business Regulation and the consumer shall be required to submit to such arbitration as provided In Massachusetts General Laws,chapter 142A. Homeowner's Signature Contractor's Signature NOTICE:The signatures of the parties above apply only to the agreement of the parties to alternative dispute resolution initiated by the contractor. The homeowner may initiate alternative dispute resolution even where this section is not separately signed by the parties. Homeowner's Rights A homeowner's rights under the Home Improvement Contractor Law(MGL chapter 142A)'and other consumer protection laws(i.e.MGL chapter 93A)may not be waived in any way,even by agreement.i However,homeowners may be excluded from certain rights if the contractor they choose is not properly registered as prescribed by law. Homeowners who secure their own building permits are automatically excluded from all Guaranty Fund provisions of the Home Improvement Contractor Law. The contractor is responsible for completing the work as described,in a timely and workmanlike manner. Homeowners may be entitled to other specific legal rights if the contractor guarantees or provides an express warranty for workmanship or materials. In addition to guarantees or warranties provided by the contractor,all goods sold in Massachusetts carry an implied warranty of merchantability and fitness for a particular purpose. An enumeration of other matters on which the homeowner and contractor lawfully agree may be added to the terms of the contract as long as they do not restrict a homeowner's basic consumer rights. If you have questions about your consumer/homeowner rights,contact the Consumer Information Hotline(listed below). Execution of Contract The contract must be executed in duplicate and should not be signed until a copy of all exhibits and referenced documents have been attached. Parties are also advised not to sign the document until all blank sections have been filled in or marked as void,deleted,or not applicable. One original signed copy of the contract with attachments is to be given to the owner and the other kept by the contractor. Any modification to the original contract must be in writing and agreed to by both parties.Contracted work may not begin until both parties have recelued a fully executed copy of the contract,and the three day rescission period has expired. Accelerated Payments A contractor may not demand payments in advance of the dates specified on the payment schedule in cases where the homeowner deems him/herself to be financially insecure. However,in instances where a contractor deems him/herself to be financially insecure,the contractor may require that the balance of fiends not yet duel be placed in a j oint escrow account as a prerequisite to continuing the contracted work. Withdrawal of funds from said account would require the signatures of both parties. Additional Information If you have general questions or need additional information about the Home Improvement)Contractor Law or other condoner rights,or if you wish to obtain a free copy of "A Massachusetts Consumer Guide to Home Improvement" contact: ! I Consumer Information Hotline Office of Consumer Affairs and Business Regulation ! j 10 Park Plaza,Room 5170,Boston,MA 02116 j 617-973-8787, 888-283-3757 or visit the OCABR website at htta://wvvwA! s.gov/ocabr/ If you want to verify the registration of a contractor or if you have questions or need add* nal information specifically about the contractor registration component of the Home Improvement Contractor Law,contact: Director of Home Improvement Contractor Registration Office of Consumer Affairs and Business Regulation 10 Park Plaza,Room 5170,Boston,MA 02116 ' P,617-973-8787 888-283-3757 or visit the HIC website at h ://www.mass. ov/ocabr/ Go online to view the status of a Home Improvement Contractor's Registration: http://db.state.ma.us/homeimprovement/licenseelist.asp For assistance with informal mediation of disputes or to register formal complaints against a business,call: Consumer Complaint Section Office of the Attorney General 617-727-8400 AND/OR Better Business Bureau I 508-652-4800, 508-755-2548 or 413-734-3114 j Version 2.1-11/22/2010 i I ! ; i