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HomeMy WebLinkAboutBuilding Permit #355-11 - 149 CAMPBELL ROAD 10/27/2010 NORTy BUILDING PERMIT o` �`E� ,bg1•o TOWN OF NORTH ANDOVER o APPLICATION FOR PLAN EXAMINATION O: � / Date Received s RATED Permit NrP 45 9 SACHUS R Date Issued: P —1 IMPORTANT: Applicant must complete all items on this page - LOCATION � N� CCi�'ayR �JG'�I � � �O( �1� �r�a✓�' Nl`�- OLg'.`'�S� P int _ PROPERTY OWNS �ary,n .: a►rr'a'l-� Print MAP.210ARCEL:��ZONING'DISTRICT.- Historic Distract yes.- no Machine Shop.Villsge yes no TYPE OF IMPROVEMENT PROPOSED USE Resid tial Non- Residential ❑ New Building 916ne family ❑ ition ❑Two or more family ❑ Industrial Alteration No. of units: ❑ Commercial ❑ Repair, replacement ❑Assessory Bldg ❑ Others: ❑ Demolition ❑ Other 0_Septic O Well D Floodplain "JoWetlands; D Watershed District. ❑'Water/Sewer. DESCRIPTION OF WORK TO BE PERFORMED' n PC /�(�CA5 �dvu ��1c T�<�'s o- ii; . VNC-w Com'vt,M-J G Identification Please Type or Print Clearly) OWNER: Name: '�a9Y�` r-ao re ! f ' " Phone: 77S- 20r- 'Z 7 �Z p,M O S 1I h Address: ((,,)),��.�1 -(�at� Phone: Z9C7- GLCG� 7 CONTRACTOR Naine:� h . -Address Ex Date:. 2'� l z 2. Supervisor s.Construction License: P 2,1 Za F Home.lm `rovement License: y. ' i Exp. Dste:. / P ARCHITECT/ENGINEER Phone: Address: Reg. No. FEE SCHEDULE:BULDING PERMIT.$92.00 PER$9000.00 OF THE TOTAL ESTIMATED COSTBASED ON $925.00 PER S.F. Total Project Cost: $ � FEE: Check No.: t S�),k Receipt No.: )3(423 NOTE: Persons contracting 'th un gistered contractors do not have access to the guaranty Pd A P SignatureoAget/Owner 1 �� Signature of contractor � ) Location ` / / h No. Date L jORTp TOWNOF .NORTH ANDOVER 3? . O AL F s 9 ` Certificate of Occupancy $ .....' ♦ i a Building/Frame Permit Fee $ 43, Foundation Permit Fee $ y Other Permit Fee $ TOTAL $ Check # 7 G 23613 Building Inspector Plans Submitted ❑ Plans Waived ❑ Certified Plot Plan ❑ Stamped Plans ❑ [Public YPE OF SEWERAGE DISPOSAL Sewer ❑ Tanning/Massage/Body Art ❑ SwimmingPools ❑ell ❑ ❑ Tobacco Sales Food Packaging/Sales ❑ Private(septic tank,etc. ❑ Permanent Dumpster on Site ❑ THE FOLLOWING SECTIONS FOR OFFICE USE ONLY � INTERDEPARTMENTAL SIGN OFF - U FORM DATE REJECTED DATE APPROVED PLANNING & DEVELOPMENT ❑ ❑ COMMENTS CONSERVATION Reviewed on Signature 3 COMMENTS HEALTH Reviewed on Signature COMMENTS Zoning Board of Appeals:Variance, Petition No: Zoning Decision/receipt submitted yes Planning Board Decision: Comments Conservation Decision: Comments Water& Sewer Connection/Signature& Date Driveway Permit DPW Town Engineer: Signature: Located 384 Osgood Street FIRE DEPARTMENT - Temp Dumpster on site yes no Located at 124 Main Street Fire Department signature/date COMMENTS. Dimension Number of Stories: Total square feet of floor area, based on Exterior dimensions. Total land area, sq. ft.: I . ELECTRICAL: Movement of Meter location, mast or service drop requires approval of Electrical Inspector Yes No DANGER ZONE LITERATURE: Yes No MGL Chapter 166 Section 21A—F and G min.$100-$1000 fine it I NOTES and DATA— (For department use ® Notified for pickup - Date Doc.Building Permit Revised 2010/October Building Department The following is a list of the required forms to be filled out for the appropriate permit to be obtained. ,I Roofing, Siding, Interior Rehabilitation Permits ❑ Building Permit Application ❑ Workers Comp Affidavit ❑ Photo Copy Of H.I.C. And/Or C.S.L. Licenses ❑ Copy of Contract ❑ Floor Plan Or Proposed Interior Work ❑ Engineering Affidavits for Engineered products NOTE: All dumpster permits require sign off from Fire D partmentrior to issuance ance of Bldg Permit Addition Or Decks ❑ Building Permit A � pplication ❑ Certified Surveyed Plot Plan ❑ Workers .Comp Affidavit i ❑ Photo Copy of H.I.C. And C.S.L. Licenses ❑ Copy Of Contract ❑ Floor/Crossection/Elevation Plan Of Proposed Work With Sprinkler Plan And Hydraulic Calculations (If Applicable) ❑ Mass check Energy Compliance Report (If Applicable) ❑ Engineering Affidavits for Engineered products NOTE: All dumpster permits require sign off from Fire Department p prior to Issuance of Bldg Permit New Construction (Single and Two Family) ❑ Building Permit Application ❑ Certified Proposed Plot Plan ❑ Photo of H.I.C. And C.S.L. Licenses ❑ Workers Comp Affidavit ❑ Two Sets of Building Plans (One To Be Returned Hydraulic Calculations (If Applicable) ) to Include Sprinkler Plan And ❑ Copy of Contract ❑ Mass check Energy Compliance Report ❑ Engineering Affidavits for Engineered products OTE: All dumps ter permits require sign off from Fire Department- p prior to issuance of Bldg Permit -In all cases if a variance or special permit was required the Town clerks office must stamp the decision from a`-$at the a appeal period is over. Theapplicant must then get this recorded at the Registry of Deeds. One copy and proof of recording Must be submitted with the building application ` Doc:Building Permit Revised 2008 I r Fire Departmentsrg1 , , COMMENTS.. ORTH 0 of : 6 Andover y a dower, Mass., _ - T O LAK COCMICMEWICK 21,9 A°RAre v PPS�.�5 `S U BOARD OF HEALTH PERMIT T I., D Food/Kitchen Septic System I / BUILDING INSPECTOR THIS CERTIFIES THAT..... G.C'.�......��. .0 '.......................................................................................... Foundation (162 has permission to ere ...................... buildings on ..�. ..l........C�!.! ' ..h� ................................. Rough to be occupied as..... ..............ov,o . & "1.r0 d�� Chimney provided that the person accepting this permit shall in every respect conform to the terms of the application on file in Final this office, and to the provisions of the Codes and By-Laws relating to the Inspection, Alteration and Construction of Buildings in the Town of North Andover. PLUMBING INSPECTOR VIOLATION of the Zoning or Building Regulations Voids this Permit. Rough PERMIT EXPIRES IN 6 MONTHS Final ELECTRICAL INSPECTOR UNLESS CONSTRUC N TARTS 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. 3v i Office of Consumer Affairs. :wetness Rep-ulation HOME IMPROVEMENT' CONTRACTOR, Re-gwistration: 1,64561 Expiration: 10t2112011 Tr# 28981 Type.. LLC F t VE PO I NT MAMA GE M, ENT LLC ANNA MATVEYC'HUK I UBER7Y RD. ESSEX, MA 01929 Unders.ecretary r _ - U, License or, 'reg, t"d fo,Va I r md'"- "d i us e on r theex �r x o ateas 1� �n r� �- to,'� a b Not va,Iat Sirry Il 3(vard sib Big i i tl i ti to e v t ! �� �� � � : SO Licenise: CS 87529 PA L J PAR E 3:01 NEkhBU ST #271 DAINVERS, MA 0111923 L Expiration: 2/12J2012 t Tr#: 837 The Commonwealth of Massachusetts Department oflndustr'ial.Accidents Office of Investigations 600 Washington Street Boston,MA 02111 www.mass.gov1dia Workers' Compensation Insurance Affidavit: Builders/Contractors/Electricians/Plumbers Applicant Information Please Print Legibly /VG G Name(B.usiness/Organization/Individual): �'• P ln Address: 3 01 Nov., IAV t, g T jf Z? I City/State/Zip: D I Q 7-"S Phone#: 9?q''21(7 -G YCI) Are you an employer?Check the appropriate box: Type of project(required): 1.❑ I am a employer with 4. ❑ I am a general contractor and I 6. ❑N construction employees(full and/or part-time).* have hired the sub-contractors 2.El am a sole proprietor or partner- listed on the attached sheet.? emodeling . ship and have no employees These sub-contractors have 8. ❑Demolition p•insurance.'coin working forme in any capacity. workers9. ❑Building addition [No workers'comp.insurance 5. ❑ We are a corporation and its required.] officers have exercised their 10.❑Electrical repairs or additions 3. I am a homeowner doing all work right of exemption per MGL 11.E]Plumbing repairs or additions ❑ g myself. [No workers'comp. c.152,§1(4),and we have no 12.❑Roofrepairs insurance required.]i employees.[No workers' 13 -1 Other comp.insurance required.] !Any applicant that checks box 4l must also fill out the section below showing their workers'compensation policy information. T Homeowners who submit this affidavit indicating they are doing all work and then hire outside contractors must submit a new affidavit indicating such. $Contractors that check this box must attached an additional sheet showing the name of the sub-contractors and their workers'comp.policy information. I am an employer that is providing workers'compensation insurance for my employees. Below is the policy and job site information. Insurance Company Name: L- (3ci t 7 VVI V T J o, Policy#or Self-ins.Lic. 3 ®� a C7 Expiration Date: 7 jib / 011 Sob Site Address: 1 149 Car^P 13a t( �- � City/State/Zip: Nai '•`��`� Attach a copy of the workers'compensation policy declaration page(showing the policy number and expiration date). Failure to secure coverage as required under Section 25A of MGL c. 152 can lead to the imposition of criminal penalties of a fine up to$1,500.00 and/or one-year imprisonment,as well as civil penalties in the form of a STOP WORK ORDER and a fine of up to$250.00 a day against the violator. Be advised that a copy of this statement may be forwarded to the Office of Investigations of the DIA for insurance coverage verification. I do hereby(g of u der'the pains andpenalties ofperjury that the information provided above is true and correct. Simature: �V)) �fACYNRP Date: Phone Official use only. Do not write in this area,to be completed by city or town official. City or Town: Permit/License# Issuing Authority(circle one): 1.Board of Health 2.Building Department 3.City/Town CIerk 4.Electrical Inspector 5.PIumbing Inspector 6.Other Contact Person: Phone#: ACb CERTIFICATE OF LIABILITY INSURANCE DATE(MMIDDIYYYY) 9/2812010 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(les)must be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endomement(s). PRODUCER EDWARD F SENNOTT INS AGENCY INC CONTACT NAME: PO BOX 457 PHONE 78 887-8534 FAX iAic,Noi: 978 887-2404 TOPSFIELD, MA 01915 E-MAIL -ADDRESS: INSURER S)AFFORDING COVERAGE NAIC 0 INSURER A: LIBERTY'MUTUAL GROUP INSURED FIVE POINT MANAGEMENT LLC INSURERS: 301 NEWBURY ST UNIT 271 INSURER C: DANVERS MA 01923 i INSURER D INSURER r: INSURER F COVERAGES CERTIFICATE NUMBER: 8357568 _ REVISION NUMBER., THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE-BEEN ISSUED TO THE INSURED NAMED AI30VE FOR THE POLICY-PERIM 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.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. ILTR TYPE OF INSURANCE fan S BR POLICY NUMBER MMIDO EFF MPMI ICY EXP ,ITS LTR GENERAL LIABILITY EACH OCCURRENCE $ DAMAGE? RENTED COMMERCUAL GENERAL LIABILITY PREMISES Ea occurrence S _ CLAIMS-MADE a OCCUR MED EXP(Any one person) $ PERSONAL&ADV INJURY S GENERALAGGREGATE S JECT —1 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMPfDP AGG S _ POLICY PRO- LOC S AUTOMOBILE LIABILITY acQdeDINGLE LIMITS ANY AUTO BODILY INJURY(Per person) S ALL OWNED SCHEDULED BODILY INJURY(Per accident) S AUTOS AUTOS HIRED AUTOS 8 AUTOS�ED Per0acadenDAMAGE s 5 S UMBRELLA LIAR OCCUR EACH OCCURRENCE S EXCESS LIAR CLAIMS-MADE AGGREGATE S OED RETENTIONS S r I S S WORKERS COMPENSATION WC STATU- 1 0 A I WC 1-31 S-368094-010 17/10/201'0 7/10/2011 TOR ST - I AND EMPLOYERS'LIABILITY ANY�FROPR:ETORIPARTNEWEXECUTIVE �- .. _ _ _._ __ EL_£ACH ACCIDENT 5 500000 OFFICER/MEMBER EXCLUDED9 ❑Y N I,A (Mandatory In NH) E.L DISEASE-EA EMPLOYEE $ 500000 If yes,describe under DESCRIPTION OF OPERATIONS be1oW I E.L.DISEASE-POLICY LIMIT $ 500000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (Attach ACORD 101,Additional Remarks Schedule,If more apace Is required) Workers Compensation Insurance:Part One of the policy applies only to the Workers Compensation Law of the State of MA, CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Five Point Management ACCORDANCE WITH THE POLICY PROVISIONS. 301 Newbury ST Unit 271 AUTHORIZED REPRESENTATIVE Danvers, MA 01923 Jeff Eldridge P�� ` S", ©1988-2010 ACORO CORPORATION. All rights reserved. ACORD 25(2010/05) The ACORD name and logo are registered marks of ACORD CERT NO.: 8357568 CLIENT CODE: 1317732 Anne Chandler 9/28/2010 8:'s P:93 AM Page 1 of I ■■ 1 ■ - at on Proposal F1 TARYN FORRELLI 149 Campbell Rd North Andover, Day ,* (978) 208=7752 tarynlf@yahoo.com Bathroom L" Installations Etc. 301 Newbury St#271 Danvers, MA 01923 E-Mail: Insta116302@Gmail.com Phone 978-290-6401 October 26, 2010 TARYN FORRELLI i'on [l� 149 Campbell rd. -�� North Andover,MA 01845 Day: (978)208-7752 - tarynlf@yahoo.com �-- Taryn, Thank you for this opportunity to work with you on this project. It was very nice to talk with you and discuss your ideas for your Bathroom. The following is a breakdown of our proposal. Please see individual sections for the details. • Demo $650.00 • Materials Needed for job: $495.00 • Debris Removal$225.00 • Construction Labor: $1,420.00 • Plumbing Materials: $279.36 • Plumbing Labor: $3,655.00 Total $10,248.72 • Electric Materials: $1,250.00 • Electric Labor: $1,100.00 • Sales Tax Paid: $142.10 • Flooring Materials: $249.36 • Delivery: $75.00 • Flooring Labor: $925.00 • Permits ? • P&E (6%) $614.92 Total Estimate: $ 11,080.74 i i Installations Etc is a fully licensed and insured company. Your proposal is good for 14 days. Please keep in mind, we work on a first come first serve basis. Once you have made a deci- sion, your job will be scheduled in a timely manner. Every customer receives a contract detail- ing the cost of the project,payment terms, insurance information and the details of project. Please do not hesitate to contact us with any questions regarding this proposal. We look forward to working with you and appreciate your time. 9Paul el , are' Installations i { 301 Newbury / 1923ii 'i f. 1 0 1 Pkone 978-290-6401jf e. `E t Tuesday, October 26, 2010 TARYN FORRELLI Instaflati'm 149 Campbell rd. North Andover,MA 01845 Day: (978)208-7752 tarynlf@yahoo.com l)l��iO I'I DEBRIS RE11O"L • Demo existing Walls, Floors per plan • Disconnect existing electrical per plan • Disconnect Plumbing as needed • Remove debris from job site I E r Installations E 301 Newbury St#271 Danvers, MAO 1923 ` � 1 �' Pi u I { F Tuesday, October 26, 2010 Instaflaft'on TARYN FORRELLI 149 Campbell rd. North Andover,MA 01845 Day: (978)208-7752 tarynlf@yahoo.com PLjJMl INClF Materials Labor • All copper piping (as needed) • Connect vent • PVC drain piping (as needed) • Install new water lines for bathroom- ' Vents to roof(as needed) • Install new drainage for bathroom. • Connectors • Install new bath tub • Pex Tubing • Install fixtures per plan • Obtain all required permits I Total: $3,655.00 Total: $279.36 Fi Installations r H 301 Newbury St#271 Danvers, E-Mail: InstaII6302@Ginaii.com Phone 978-290-6401 f 2{ Tuesday, October 26, 2010 TARYN FORRELLI Q�I 149 Campbell rd. North Andover,MA 01845 Day: (978)208-7752 tarynlf@yahoo.com PI.IJMl ING"'r FIXTURES Fixtures Needed Fixtures: • Toilet • Faucets (1) • Sinks (1) • Tub • Shower mixing valve with Hand held i Installations Danvers,301 Newbury St#2 71 s 1923 a 1 :x ,y lid .q Tuesday, October 26, 2010 a TARYN FORRELLI tion Instafl 149 Campbell rd. North Andover,MA 01845 Day: (978)208-7752 tarynlf@yahoo.com 1:Ll:(;'1'l�,I(; Materials Labor • Outlets and switches per plan Disconnect existing as needed • 12omex wire and breakers In t! stall new GFI outlets to code • Install new outlets to plan All items listed below see plan schedule • Install new switches to plan • Install Customer lighting to plan • GFI outlets • Install radiant heating unit • Duplex outlets • Obtain all required permits • Light switches • Sun touch radiant heating mat • Sun touch thermostat Total: $1,250.00 (Allowance) Total: $1,100.00 Installations Etc.. i i / E i 23 #' I 1 � 1 I 'I 1 Tuesday, October 26, 2010 E-7fr TARYN FORRELLI 149 Campbell rd. I t S"I ' c. North Andover,MA 01845 Instfla Day: (978)208-7752 tarynlf@yahoo.com T � 1l�()(lRI (� Materials Labor Bathroom Floor: 'S c c � Bathroom Floor: Straight Lay Ceramic Tile Customer Supplied SF to be determined Shower Wall: Shower Wall: Straight Lay Ceramic Tile Customer Supplied Total: $925.00 SF to be determined Epoxy Adhesive,Thin set Mortar and Grouts Total: $249.36 C�•w-SG- i Installations 301 'h 3'f Newbury X11 :J C' com 64011 k iV r Tuesday, October 26, 2010 TARYN FORRELLI Q� 149 Campbell rd. InstaflationTE North Andover, MA 01845 Day: (978) 208-7752 tarynlf@yahoo.com MATERIALS All Items Based on Plan • Floor covering underlayment • Lumber • Blue board • Sub floor nails • Dur-rock for shower areas • Finish nails • Plaster • Blue board screws • Interior trim • Insulation Total: $495.00 3 Installations 301 Newbury St#271 Danvers,MA 0 1923 `E E-Mail: Instafl6302@Gniail.coni Phone 978-290-6401 , Tuesday, October 26, 2010 TARYN FORRELLI InstaDation �. 149 Campbell rd. North Andover, MA 01845 Day: (978) 208-7752 tarynlf@yahoo.com C"MNS'1'RIJCTION L111011 • Install all subflooring material for flooring • Install Dur-rock in shower areas • Install Bathroom Vanity • Install Bathroom Accessories • Plaster Interior Walls as needed • Install interior door per plan • Install new door hardware • Install Trim work • Add additional support for floor • Re-build floor after plumber relocates fixtures • Box in Posts with blue board and Prep for paint Total: $1,420.00 3 Installations Etc. C: 301 Newbury 1923 1 pt 1 0 Phone 978-290 ; 1 { ' A I!i y Tuesday, October 26, 2010 TARYN FORRELLI Instaflaft'on 149 Campbell rd. Ic` � North Andover,MA 01845 Day: (978)208-7752 tarynlf@yahoo.com t'01US'1'()MER SUPPLIED • All surface mount interior light fixtures • Bathroom Fixtures • Bathroom Accessories • All paint colors per room • All flooring choices • All Painting Danvers,Installations Etc. 301 Newbury St#271 , 1923 r one 978-290-6401 f In 11 sta atloll S Where Innovation & Excellence e Exceed your Expectations Phone: 978-290-6401 E-Mail: InstaII6302@Gmail.com n CONSTRUCTION CONTRACT This Agreement (the "Agreement") , dated as of October 26, 2010, is made by and between Five Point Management LLC dba Installation Etc. , with offices at 301 Newbury St #271 Danvers, Massachusetts (the Contractor") and Taryn Forrelli (the "Owner") with a principal residence at 149 Campbell Rd North Andover, MA 01845 (the "Property") . The Contractor is identified as follows : The Contractor ' s name: Five point Management LLC . dba Installations Ect. The Contractors Construction Supervisor License Paul J Pare ' CS # 87529 Expiration 2/12/12 Contractor ' s address : 301 Newbury ST Unit 271 Danvers Ma 01923 . The name (s) of the salesperson who solicited or negotiated the contract : Paul Pare' . WHEREAS the Owner desires to make certain renovations to the Property; 149 Campbell Rd North Andover, MA 01845 WHEREAS, the Contractor is in the business of providing such services; Renovation NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties agree as follows : SECTION ONE SCOPE OF WORK The Contractor shall furnish all Materials and Labor listed in Exhibit A necessary to make certain renovations to the Property. The specific work to be undertaken by the Contractor shall be as set forth in Exhibit A, attached hereto (the "Project") . The Contractor is not responsible for furnishing any improvements other than those as specifically set forth in Exhibit A. The Contractor agrees that all work on the Project will be conducted in a workmanlike manner. CONSTRUCTION CONTRACT 2 � In the event that the Owner elects to make changes to the original specifications set forth in Exhibit A, or if unforeseen additional work becomes necessary to complete the Project properly, the Contractor and the Owner shall execute a Change Order. For purposes of this Agreement, a "Change Order" means a written amendment that becomes part of and is in conformance with this Agreement . Change Orders must include the additional cost therefore or the credit off of the contract price if the change order results in a reduction in the contract price. Once the Contractor commences the Project, there may be additional repairs or other matters that come to his attention that may have to be addressed in order to complete the project properly. If this is the case, the Agreement price may have to be increased to conduct such additional work. The Contractor will make every effort to avoid additional costs . Before the Contractor undertakes any additional costs, he will obtain the Owner's prior written approval through a Change Order. Nonetheless, the Owner expressly agrees that they will be responsible for any such costs . If the Owner does not elect to make such necessary repairs, the Owner agrees not to hold the contractor responsible for any issues that arise from not taking the contractor ' s recommendations . SECTION TWO PAYMENT The Owner shall pay the Contractor (for all materials and labor associated with the Project) the sum of ELEVEN THOUSAND EIGHTY DOLLARS AND SEVENTY FOUR CENTS ($11, 080 . 74) in installments as indicated on Exhibit A attached hereto. Also included on Exhibit A is a detail of all work performed by the Contractor at the Premises under the prior contract and prior payments made by the Owner . CONSTRUCTION CONTRACT 3 � . P , Scheduled Payments Amount Deposit $2, 000 . 00 4 Start Date $750 . 00 Demo Complete $750 . 00 Rough Plumbing Complete $750 . 00 Rough Electric Complete $750 . 00 Ready for tile and plaster $450 . 00 Tide Installed $750 . 00 Electric Fixtures Installed $750 . 00 Plumbing Fixtures Installed $750 . 00 Job Complete $2, 100 . 00 Final Inspections $1, 000 . 00 Final Touch ups $280 . 74 TOTAL $11, 080 . 74 The above schedule is a guideline for payments ONLY, not for work schedules . Payment shall be made by check made payable to Installations Etc. In the event that any installment is not paid when due, the Contractor may stop work until payment is made. In the event any installment is not paid within five (5) days after it is due, the Contractor may take such action as may be necessary, including legal proceedings, to enforce his rights hereunder. CONSTRUCTION CONTRACT �1 4 In the event payments are not made by Owner to the Contractor consistent with the mutually agreed upon schedule, the Contractor may stop work until payment is made. In the event any installment is not paid within five (5) days after it is due, the Contractor may take such action as may be necessary, including legal proceedings, to enforce his rights hereunder. Owner, however, is not obligated to make the next due payment in the event Contractor is not responsive within 5 business days to inquiries or outstanding issues with a written plan of resolution, or in the event the project does not pass final inspection of the Town of North Andover Building Inspector. In the event the contractor deems himself to be insecure he may require as a prerequisite to continuing said work that the balance of funds due under the contract, which are in the possession of the owner, shall be placed in a joint escrow account requiring the signature of the contractor and owner for withdrawal or to be held by a mutually agreed escrow agent . SECTION THREE RESPONSIBILITY The Contractor shall not be responsible for damages to persons or property occasioned by the acts or omissions of the Owner or his agents, third parties, acts of God or other causes beyond the Contractor's control. The Owner shall hold the Contractor completely harmless from, and shall indemnify the Contractor for all costs damages, losses, and expenses, including judgments and attorney's fees, resulting from claims arising from the acts or omissions of the Owner or his agents, third parties, acts of God or other causes beyond the Contractor's control . The Contractor shall only be responsible for direct damages, losses, and expenses resulting from claims arising from the acts or omissions in the scope of work by the Contractor . The Contractor and its members, managers, directors, officers, employees and agents, shall not, under any circumstances, be liable . to the Owner for consequential, incidental, special, multiple, exemplary or punitive CONSTRUCTION CONTRACT 5 damages or statutory damages arising out of or relating to this Agreement. The Owner ' s sole and exclusive remedy for any claims or causes of action arising out of or related to this agreement, regardless of whether any action or claim is based on contract, tort or otherwise, shall be to recover from the Contractor direct damages in an amount not to exceed the amount paid by the Owner under this Agreement . SECTION FOUR NON-CONFORMING/UNSATISFACTORY WORK In the event that the Owner maintains that any of the Contractor's work on the Project is not in conformance with the work set out on Exhibit A, the Owner will notify the Contractor in writing immediately. The writing shall state with specificity the nature of the dispute. The Contractor and the Owner will work together in good faith to resolve any disputes and arrive at a written agreement to address the matter. In the event that the nature of the dispute is not a material deviation from the specified work, the payment obligations of the Owner shall continue . In the event that the nature of the dispute is material, the payment obligations of the Owner will be suspended until the repairs are undertaken. SECTION FIVE WARRANTY The Contractor warrants that the work will be free from faulty materials; constructed according to the standards of the building code applicable for this location; constructed in a skillful manner and fit for habitation or appropriate use. All workmanship is guaranteed for a period of one year from the date of completion. The Contractor warrants that the work will be free from faulty materials and pass the final building inspection by the City of Needham The Contractor does not warrant any materials which are supplied by the Owner. CONSTRUCTION CONTRACT SECTION SIX ADDITIONAL PROVISIONS The Contractor maintains liability insurance in the amount of $1, 000, 000 . 00 per occurrence and will continue to maintain such insurance during the term of this Agreement . The Contractor may retain fully licensed sub contractors for the Project . Said sub contractors will also maintain sufficient liability insurance on file with Installations Etc, and its principal is licensed to perform the work referred to herein. In addition, the Contractor will retain such other licensed and insured tradesmen necessary to perform the work described herein. This Agreement will be considered completed upon approval of the Owner, provided that approval cannot be unreasonably withheld. At the end of the Project, the Contractor will leave the Property in a broom swept condition; however, personal cleaning (i .e . , maid service quality) is not provided. The Contractor anticipates that the Project will take approximately Three and one half weeks (3 . 5) weeks to complete from the start date . The scheduled start date is : To Be Determined and the date on which said work is scheduled to be substantially completed (the expected completion date) To Be Determined. The following situations will effect completion without fault to the Contractor; (1) if materials arrive late, or are damaged or defective; (2) failure of the Owner to make any payment when due; (3) in the event that the Contractor encounters unanticipated additional work, or the Owner elects to have additional work undertaken, the completion date will be extended for an amount of time necessary to complete such work; and (4) Weather Issues . This Agreement contains the entire Agreement between the parties hereto and the terms of this release are contractual and not merely recital . No other promises or agreements shall be binding or shall modify this Agreement unless signed by the. Parties hereto. CONSTRUCTION CONTRACT • ISI 7 SECTION SEVEN RIGHT OF RECISSION The Owner shall have three (3) days from the execution of this contract in which it may cancel this contract and receive back all sums paid hereunder, minus the cost of materials purchased which can not be returned or work actually completed on the contract . Recission shall occur by mailing a notice of termination to the Contractor, registered mail, within the recission period. In the event that the contractor has incurred expenses for materials that can not be returned or work under the project, the Contractor shall detail these expenses in a letter to the Owner when returning the balance of the sums paid by the Owner under this Agreement. SECTION EIGHT RELEASE OF LIENS The Contractor hereby releases its right to record any mechanic's1 ' lien on the Property any work done .or sums Y owned under this Agreement. Contractor shall also obtain such releases from subcontractors and suppliers providing work or materials under this Agreement. In the event that the Contractor is unable to obtain a lien release from any subcontractor or supplier and a mechanic's lien is recorded by such subcontractor or supplier, the contractor shall indemnify and hold harmless the Owner for any costs incurred as a result of the recorded mechanic's lien. SECTION NINE MISCELLANEOUS The Contractor guarantees that it will perform its obligations under this Contract Completely. There are no understandings or agreements between the. Contractor and the Owner, other than those set forth in this Agreement . No other statement, representation or promise has been made to induce either party to enter into this Agreement . This Agreement may not be modified or amended except by written agreement of the parties . If any term or provision in this Agreement is deemed unenforceable, it shall not affect the validity of any other term or provision hereof. CONSTRUCTION CONTRACT " g rP The parties agree that the provisions of this Agreement shall be governed by the laws of the Commonwealth of Massachusetts and that each submits to the exclusive jurisdiction to enforce or interpret said Agreement to the Courts of the Commonwealth of Massachusetts . The parties hereto agree that the Salem District Court (for controversies up to $25, 000 . 00) and Essex Superior Court (for controversies over $25, 000 . 00) shall have exclusive venue and jurisdiction over any action to enforce this agreement . The breaching party to this Agreement will be responsible for the reasonable attorney fees and costs incurred in pursuing an action to enforce said Agreement and any collection thereof in Massachusetts. All contractors and subcontractors must be registered by the director of the Office of Consumer Affairs & Business Regulation and that any inquiries about a contractor or subcontractor relating to a registration should be directed to the director of the Office of Consumer Affairs & Business Regulation. The contractor agrees to inform the homeowner of the following: (i) any and all necessary permits, (ii) that it shall be the obligation of the contractor to obtain said permits . Homeowners who secure their own permits will be excluded from the Guaranty Fund provisions of Chapter 142A of the General Laws . Do not sign this contract if there are any blank spaces . IN WITNESS HEREOF, we have hereunto set our hands and seals this day, ©C'( 'Z_G•A, 20 10 . CONTRACTOR: Installations Etc. UA Q"J ov, Authorized Representative / Dated and Signed: OWN CONSTRUCTION CONTRACT c 9 Dated and Signed: O er zt�n w1 dges copy of this Agreement this date : CONSTRUCTION CONTRACT