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HomeMy WebLinkAboutBuilding Permit #1326-2016 - 155 GREAT POND ROAD 6/22/2016 AJdzJ Lk TOWN OF NORTH ANDOVER of MORT� APPLICATION FOR PLAN EXAMINATIONoc � p Permit NO: Date Received +► "off, 4r s 47 �sSACNUs�t Date Issued: �� 001 IMPORTANT: Applicant must complete all items on this page LOCATION /.S'S �2r ?Job JG /� Print PROPERTY OWNER A AJD Y CO# WAY Print MAP NO.: O-PARCEL: N ZZ ZONING DISTRICT: TYPE AND USE OF BUILDING HISTORIC DISTRICT YES ❑ TYPE OF IMPROVEMENT PROPOSED USE Residen 'al Non-Residential ❑New Building ne family ❑�Addition El Two or more family LJ Industrial L! teration No. of units: epair,replacement ❑Assessory Bldg ❑Commercial ❑Demolition ❑Moving relocation ❑Other ❑ Others: ❑Foundation only DESCRIPTION OF WORK TO BE PREFORMED /,� �jv pAi ,t, J s/te r mr BizZe �P f 4APt14A1tZ--5, Fl-a 41Z-1 Identification Please Type or Print Clearly) W/N/)fW OWNER: Name: Auo !f CQ)U wA y Phone: SD k , s `l 3 pq _ 9 Address: IS- 5 Ems- PdAJD 41) CONTRACTOR Name: !- • N• t I-X e�j 0/1- OCA Phone: r7ar' ,raZ 3 Address: Jo awL 1- 1 Supervisor's Construction License: C s ' 05 P& -fT Exp. Date: Iall + Home Improvement License: SS!tl Exp. Date: '/Zd /6 ARCHITECT/ENGINEER Name: Phone: Address: Reg. No. FEE SCHEDULE.BULDING PERMIT.$12.00 PER$1000.00 OF THE TOTAL ESTIMATED COST B ED ON$125.00 PER S.F. z� Total Project Cost :$ �S'� eax12.00=FEE:$ ISyy Check No.: (00 5�7 / Receipt No.: 1®� Page Iof4 Q � G' Y Plans Submitted ❑ Plans Waived!❑` ' Certified Plot Pian D Stamped Plans ❑ TYPE OF SEWERAGE DISPOSAL Public Sewer ❑ Tanuing/MassageBody Art ❑ Swin uzing 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 PLANNING & DEVELOPMENT t Reviewed On 11)z4vu e_ G Signatur COMMENTS ' V��^� a � I�l�f.!'Ill wc(,L— fit. 0?0�� CONSERVATION Reviewed on Signature ii COMMENTS HEALTH Reviewed on Signature COMMENTS } Zoning Board of Appeals: Variance, Petition No: Zoning Decision/receipt submitted yes + A Planning Board Decision: Comments Conservation Decision: Comments !later & Sewer Connection/Signature& Date Driveway Permit DPW Town Engineer: Signature: Located 384 Osgood Street FIREtDEPARdTN1EIVY mp#Dumpste.r,onksite Locatedaf s1241MainStr<eet Te 'Fire`iDe �r1traenthsgnatu`re/dafe COMMENTS i I Dimension Number of Stories: Total square feet of floor area, based on Exterior dimensions. Total land area, sq. ft.: ELECTRICAL: Movement of Dieter location, mast or service drop requires approval of Electrical Inspector Yes No DANGER ZONE LITERATURE: Yes No I MGL Chapter 166 Section 21A—F and G min.$100-$1000 fine NOTES and DATA— (For department cruse) IIS ' i ® Notified for pickup Call Email Date Time Contact Name ', Doc.Building Permit Revised 2014 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 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 OTE: All dumpster permits require sign off from Fire Department prior to issuance of Bldg Permit Addition Or Decks Building Permit Application Certified Surveyed Plot Plan Workers Comp Affidavit �6 Photo Copy of H.I.C. And C.S.L. Licenses Copy Of Contract Floor/Cross Section/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 OTE: All dumpster permits require sign off from Fire Department 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) to Include Sprinkler Plan And Hydraulic Calculations (If Applicable) Copy of Contract 2012 IECC Energy code Engineering Affidavits for Engineered products OTE: 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:Building Permit Revised 2014 Location 15,5 / No. 13 2 --2016 Q Date D6 7— 24/� . - TOWN OF NORTH ANDOVER X44 , • Certificate of Occupancy $ Building/Frame Permit Fee $ r Foundation Permit Fee $ Other Permit Fee $ x TOTAL $ Check# 12 ,` u537 `` Building Inspector v Enter construction cost for fee cal- North Andover Fee Calculation Construction Cost $ 459000.00 m $ - $ 540.00 Plumbing Fee $ 67.50 Gas Fee 100 comm. $ 100.00 Electrical Fee $ 67.50 Total fees collected $ 775.00 155 Great Pond Road 1326-2016 on 6/22/2016 Kitchen Remodel �AORThr Town of 0 0 2-4 h ver, Mass, 9 "16 cocNicKew�cw 1' �,9 A°R�reo Alfa�,��(5 S U BOARD OF HEALTH Food/Kitchen PERM Septic System THIS CERTIFIES THAT ANP ...! /.l�r' BUILDING INSPECTOR Foundation has permission to erect .......... buildings on ..:../5f... i Ar !.*.. .......... . .... .............. Rough to be occupied as ..Xfi y provided that the person accepting this permit shall in every respect conform to the terms of the application Final on file in 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 T LD Final PERMIT EXPIRES IN 6 MONTHS ELECTRICAL INSPECTOR UNLESS CONST L.. V Rough Service .. . .. ..... .... ........ ....... . ...... Fina BUILDIN SPE OR GAS INSPECTOR Occupancy Permit Required to Occupy Buildinz 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. Smoke Det. 6/2/2016 Community Software Consortium CE No nT�� �0 �e Nr"Eh Andover Board of,assessors t Back to Results Search for Parcels I Search for Sales View/Print Record Card Parcel ID: 210/037.0-0022-0000.0 FY: 2016 Community: North Andover Photo(Click on Photo to Enlarg ) keV✓ Summary Location: 155 GREAT POND ROAD �-+?�,, Property Owner Name: CONWAY TRS,ANDREW F 8 JANICE L ADZE Card I Residencq Owner Name2: GREAT POND ROAD REALTY TRUST Map View 111J Owner Address: 155 GREAT POND ROAD Land City. NORTH ANDOVER State: MA Zip: 01845 View Segments Abutters g Neighborhood: 8 Land Area: 3.88 acres Properties Use Code: 101SNGL-FAM-RES Total Finished Area: 3820 sgft Detached Tax Class: T Pd-Exempt-Land: 0 Structure Pd-Exempt-Bldg: 0 155 GREAT POND ROAD Sewer: Road Type: T S,aica Sketch(Click on Sketch to Enlar4e) Water: Road Condition: P Value Assessments Current Year Previous Year History Total Value: 833,800 815,500 Building Value: 576,700 573,900 Land Value: 257,100 241,600 Market Land Value: 257,100 Chapter Land Value: Latest Sale Sale Price: 1 Sale Date: 1112812001 Arms Length Sale Code: F-NO-CONVNIENT Grantor. ANDREW CONWAY Cert Doc Book 06501 Page: 0077 Copyright©2015 Community Software Consortium.All Rights Reserved http://epas.csc-m a.us/Publ icAccess/Pages/ParcelSum mary.aspx?M enu[D=3&Li nklD=179371&Com mcode=210 1/1 *... AIA Document A107 TIVI - 2007 Standard Form of Agreement Between Owner and Contractor for a Project of Limited Scope AGREEMENT made as of the March day of 28 in the year 2016 (In words, indicate day, month and year) ADDITIONS AND DELETIONS: The author of this document has BETWEEN the Owner: added information needed for its (Name, legal status, address and other information) completion.The author may also have revised the text of the original Mr.and Mrs.Conway AIA standard form.An Additions and 155 Great Pond Road Deletions Report that notes added North Andover,MA information as well as revisions to the standard form text is available from the author and should be reviewed.A vertical line in the left ! f margin of this document indicates where the author has added l \ and the Contractor: necessary information and where (Name,i legal status, address and other information) the author has added to or deleted from the original AIA text. This document has important legal F.H.Perry Builder i consequences.Consultation with an attorney is encouraged with respect 90 Elm Street to its completion or modification. 'Hopkinton,MA 01748 HIC#105589 - - Tax ID#04-3033939 - - l for the following Project: (Name, location and detailed description) 155 Great Pond Road,North Andover MA 01845 Kitchen Remodel The Architect: (Name, legal status,address and other information) N/a i The Owner and Contractor agree as follows. AIA Document A107TM—2007.Copyright©1936,1951,1958,1961,1963,1966,1970,1974,1978,1987,1997 and 2007 by The American Institute of Init. Architects.All rights reserved.WARNING:This AIA Document is protected by U.S.Copyright Law and International Treaties.Unauthorized { 1 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 l maximum extent possible under the law.This document was produced by AIA software at 15:06:18 on 03/28/2016 under Order No.7995574611 which expires on 06/08/2016,and is not for resale. User Notes: (3139ADA32) TABLE OF ARTICLES 1 THE WORK OF THIS CONTRACT 2 DATE OF COMMENCEMENT AND SUBSTANTIAL COMPLETION 3 CONTRACT SUM 4 PAYMENT 5 DISPUTE RESOLUTION 6 ENUMERATION OF CONTRACT DOCUMENTS 7 GENERAL PROVISIONS 8 OWNER 9 CONTRACTOR r ; 10 ARCHITECT . i� 11 SUBCONTRACTORS 12 CONSTRUCTION BY OWNER OR BY SEPARATE CONTRACTORS 13 CHANGES IN THE WORK 14 TIME 15 PAYMENTS AND COMPLETION r' 16 PROTECTION OF PERSONS AND PROPERTY r 17 INSURANCE&BONDS 18,.CORRECTION OF WORK 19 MISCELLANEOUS PROVISIONS 20 TERMINATION OF THE CONTRACT 21 CLAIMS AND DISPUTES ARTICLE 1 THE WORK OF THIS CONTRACT The Contractor shall execute the Work described in the Contract Documents,except as 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 diers from the date of this Agreement or, if applicable, state that the date will be fixed in a notice to proceed.) 5/2/2016 Init. AIA Document Al07TM—2007.Copyright©1936,1951,1958,1961,1963,1966,1970,1974,1978,1987,1997 and 2007 by The American Institute of Architects.All rights reserved.WARNING:This AIA®Document is protected by U.S.Copyright Law and International Treaties.Unauthorized 2 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 t maximum extent possible under the law.This document was produced by AIA software at 15:06:18 on 03/28/2016 under Order No.7995574611 which expires on 06/08/2016,and is not for resale. User Notes: (3B9ADA32) §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 17 weeks 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.If appropriate, insert requirements for earlier Substantial Completion of certain portions of the Work.) Estimated completion 17 weeks or approximately 8/26/2016. Portion of Work Substantial Completion Date subject to adjustments of this Contract Time as provided in the Contract Documents. (Insert provisions, if any,for liquidated damages relating to failure to achieve Substantial Completion on time or for bonus payments for early completion of the Work) F " 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 one of the following: (Check the appropriate box.) [ ] Stipulated"Sum,in accordance with Section 3.2 below [X ] Cost of the Work plus the Contractor's Fee,in accordance with Section 3.3 below [ ] (Based on the selection above, complete Section 3.2, 3.3 or 3.4 below.) §3.2 The Stipulated Sum shall be( ),subject to additions and deductions as provided in the Contract Documents. §3.2.1 The Stipulated 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 the bidding or proposal documents permit the Owner to accept other alternates 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.) §3.2.2 Unit prices,if any: (Idents and state the unit price, and state the quantity limitations, if any, to which the unit price will be applicable) Item Units and Limitations Price Per Unit($0.00) §3.2.3 Allowances included in the stipulated sum,if any: (Idents allowance and state exclusions, if any,from the allowance price.) Item Allowance Init. AIA Document Al07TM—2007.Copyright©1936,1951,1958,1961,1963,1966,1970,1974,1978,1987,1997 and 2007 by The American Institute of Architects.All rights reserved.WARNING:This AIA®Document is protected by U.S.Copyright Law and International Treaties.Unauthorized 3 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 15:06:18 on 03/28/2016 under Order No.7995574611 which expires on 06/08/2016,and is not for resale. User Notes: (3139ADA32) §3.3 COST OF THE WORK PLUS CONTRACTOR'S FEE §3.3.1 The Cost of the Work is as defined in Exhibit A,Control Budget in the amountof $398,529.38 §3.3.2 The Contractor's Fee: (State a lump sum,percentage of Cost of the Work or other provision for determining the Contractor's Fee and the method of adjustment to the Fee for changes in the Work.) 22% §3.4 COST OF THE WORK PLUS CONTRACTOR'S FEE WITH A GUARANTEED MAXIMUM PRICE §3.4.1 The Cost of the Work is as defined in Exhibit A,Determination of the Cost of the Work. §3.4.2 The Contractor's Fee: (State a lump sum,percentage of Cost of the Work or other provision for determining the Contractor's Fee and the method of adjustment to the'Fee for changes in the Work.) (Paragraph Deleted) (Paragraph Deleted) §3.4:3.2 The'Guaranteed Maximum Price is based on the following alternates,if any,which are described in the Contract Documents and are hereby accepted by the Owner: / / 3.4.3.3 Unit Prices if an § � Y (Idents and state the unit price, and state the quantity limitations, if any, to which the unit price will be applicable.) Item Units and Limitations Price Per Unit($0.00) §3.4.3.4 Allowances included in the Guaranteed Maximum Price,if any: "'(Idents and state the amounts of any allowances, and state whether they include labor, materials, or both) Item Allowance §3.4.3.5 Assumptions,if any,on which the Guaranteed Maximum Price is based: ARTICLE 4 PAYMENTS §4.1 PROGRESS PAYMENTS §4.1.1 Based upon Applications for Payment submitted to the Owner 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. §4.1.2 The period covered by each Application for Payment shall be one calendar month ending on the last day of the month,or as follows: Payment applications shall be submitted biweekly based on a percent of completion and cover a period of two weeks each. A 20%deposit is due upon contract acceptance=$79,705.88 AIA Document A107T —2007.Copyright©1936,1951,1958,1961,1963,1966,1970,1974,1978,1987,1997 and 2007 by The American Institute of Inst. Architects.All rights reserved.WARNING:This AIA°Document is protected by U.S.Copyright Law and International Treaties.Unauthorized 4 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 t maximum extent possible under the law.This document was produced by AIA software at 15:06:18 on 03/28/2016 under Order No.7995574611 which expires on 06/08/2016,and is not for resale. User Notes: (3B9ADA32) §4.1.3 The owner shall make payment to the Contractor not later than 10 days following receipt of the Contractor's Application for Payment.. (Paragraph Deleted) §4.1.4 Retainage,if any,shall be withheld as follows: None §4.1.5 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.) Interest will be charged at 1.5%per month §4.2 FINAL PAYMENT §4.2.1 Final payment,rconstituting 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 18.2,and to satisfy other requirements,if any,which extend beyond final payment; .2 the contractor has submitted a final accounting for the Cost of the Work,where payment is on the basis of the Cost of the Work with or without a guaranteed maximum price;and 't .3 a final Certificate"for Payment has been issued by the Contractor. §4.2.2 The Owner's final payment to the Contractor shall be made no later than 15 days after the issuance of the Contractor's final Application for Payment,or as follows: Owner's final payment to the Contractor will be the amount set forth in the Application for Payment,less 1.5 times the amount of the monetized punch list created by the Contractor. Final payment will be will be paid no later than 15 days following completion of-punch list. ARTICLE 5 DISPUTE RESOLUTION '§5.1 BINDING DISPUTE RESOLUTION For any claim subject to,but not resolved by,mediation pursuant to Section 21.3,the method of binding dispute resolution shall be as follows: (Check the appropriate box.If the Owner and Contractor do not select a method of binding dispute resolution below, or do not subsequently agree in writing to a binding dispute resolution method other than litigation, claims will be resolved in a court of competent jurisdiction.) [X ] Arbitration pursuant to Section 21.4 of this Agreement [ ] Litigation in a court of competent jurisdiction [ ] Other(Specify) ARTICLE 6 ENUMERATION OF CONTRACT DOCUMENTS §6.1 The Contract Documents are defined in Article 7 and,except for Modifications issued after execution of this Agreement,are enumerated in the sections below. §6.1.1 The Agreement is this executed AIA Document A107-2007,Standard Form of Agreement Between Owner and Contractor for a Project of Limited Scope. AIA Document A107T —2007.Copyright©1936,1951,1958,1961,1963,1966,1970,1974,1978,1987,1997 and 2007 by The American Institute of Init. Architects.All rights reserved.WARNING:This AIA® Document is protected by U.S.Copyright Law and International Treaties.Unauthorized 5 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 t maximum extent possible under the law.This document was produced by AIA software at 15:06:18 on 03/28/2016 under Order No.7995574611 which expires on 06/08/2016,and is not for resale. User Notes: (3139ADA32) §6.1.2 The Supplementary and other Conditions of the Contract: Document Title Date Pages §6.1.3 The Specifications: (Either list the Specifications here or refer to an exhibit attached to this Agreement.) Section Title Date Pages §6.1.4 The Drawings: (Either list the Drawings here or refer to an exhibit attached to this Agreement.) ! Number Title Date §6.1.5 The Addenda,if any: Number Date Pages Exhibit A:Control Budget 3/9/2016 2 Portions of Addenda relating to bidding requirements are not part of the Contract Documents unless the bidding requirements are enumerated in this Article 6. �§6.1.6 Additional documents,if any,forming part of the Contract Documents: 1. Exhibit A,Control Budget,if applicable. 2. -AIA Document E201Tm-2007,Digital Data Protocol Exhibit,if completed,or the following: . 3. Other documents: (List here any additional documents that are intended to form part of the Contract Documents) ARTICLE 7 GENERAL PROVISIONS §7.1 THE CONTRACT DOCUMENTS The Contract Documents are enumerated in Article 6 and consist of this Agreement(including,if applicable, Supplementary and other Conditions of the Contract),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 Owner.The intent of the Contract Documents is to include all items reasonably 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. §7.2 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 Init. AIA Document At 07 TM—2007.Copyright©1936,1951,1958,1961,1963,1966,1970,1974,1978,1987,1997 and 2007 by The American Institute of Architects.All rights reserved.WARNING:This AIA®Document is protected by U.S.Copyright Law and International Treaties.Unauthorized 6 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 t maximum extent possible under the law.This document was produced by AIA software at 15:06:18 on 03/28/2016 under Order No.7995574611 which expires on 06/08/2016,and is not for resale. User Notes: (3139ADA32) construed to create a contractual relationship of any kind between any persons or entities other than the Owner and the Contractor. §7.3 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. §7.4 INSTRUMENTS OF SERVICE Instruments of Service are representations,in any medium of expression now known or later developed,of the tangible and intangible creative work performed by the Owner and the Owner's consultants under their respective professional services agreements.Instruments of Service may include,without limitation,studies,surveys,models, sketches,drawings,specifications,and other similar materials. §7.5 OWNERSHIP AND USE OF DRAWINGS,SPECIFICATIONS AND OTHER INSTRUMENTS OF SERVICE §7.5.1 The Owner and the Owner's consultants shall be deemed the authors and owners of their respective Instruments of Service,including the Drawings and Specifications,and will retain all common law,statutory and other reserved rights,including copyrights.The Contractor,Subcontractors,Sub-subcontractors,and material or equipment suppliers shall not own or claim a copyright in the Instruments of Service.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 Owner's or Owner's consultants'reserved rights. §7.5.2 The Contractor,Subcontractors,Sub-subcontractors and material or equipment suppliers are authorized to use and reproduce the Instruments of Service provided to them solely and exclusively for execution of the Work.All copies made under this authorization shall bear the copyright notice,if any,shown on the Instruments of Service. The Contractor,Subcontractors,'Sub-subcontractors,and material or equipment suppliers may not use the r Instruments of Service on p other projects ojects or for additions to this Project outside the scope of the Work without the specific written consent of the Owner,and the Owner's consultants. §7.6 TRANSMISSION OF DATA IN DIGITAL FORM If the parties intend to transmit Instruments of Service or any other information or documentation in digital form, they shall endeavor to establish necessary protocols governing such transmission,unless otherwise provided in the Agreement or in the Contract Documents. ARTICLE 8 OWNER §8.1 INFORMATION AND SERVICES REQUIRED OF THE OWNER §8.1.1 Prior to the commencement of the work,the Owner shall furnish all necessary surveys and a legal description of the site together with a title reference. §8.1.2 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. §8.1.3 Except for permits and fees that are the responsibility of the Contractor under the Contract Documents, including those required under Section 9.6.1,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 for permanent changes in existing facilities. 8.2 OWNER'S RIGHT T STOP THE § 0 S 0 WORK If the Contractor fails to correct Work which is not in accordance with the requirements of the Contract Documents, or repeatedly fails to carry out the Work in accordance with the Contract Documents,after ten(10)days written notice and reasonable opportunity to cure or commence steps reasonably necessary to effectuate a cure, 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. AIA Document All 07 TM—2007.Copyright©1936,1951,1958,1961,1963,1966,1970,1974,1978,1987,1997 and 2007 by The American Institute of Init. Architects.All rights reserved.WARNING:This AIA®Document is protected by U.S.Copyright Law and International Treaties.Unauthorized 7 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 15:06:18 on 03/28/2016 under Order No.7995574611 which expires on 06/08/2016,and is not for resale. User Notes: (3139ADA32) §8.3 OWNER'S RIGHT TO CARRY OUT THE WORK If the Contractor defaults or neglects to carry out the Work in accordance with the Contract Documents,and fails within a ten-day period after receipt of written notice from the Owner to commence and continue correction of such default or neglect with diligence and promptness,the Owner,without prejudice to any other remedy the Owner may have,may correct such deficiencies and may deduct the reasonable cost thereof,from the payment then or thereafter due the Contractor. ARTICLE 9 CONTRACTOR §9.1 REVIEW OF CONTRACT DOCUMENTS AND FIELD CONDITIONS BY CONTRACTOR §9.1.1 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. §9.1.2 Because the Contract Documents are complementary,the Contractor shall,before starting each portion of the Work,carefully study and'compare the various Contract Documents relative to that portion of the Work,as well as the information furnished by the Owner pursuant to Section 8.1.1,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 coordination and construction by the Contractor and are not for the purpose of discovering errors,omissions,or inconsistencies in the Contract Documents;however,the Contractor shall promptly report to the Owner any errors,inconsistencies,or omissions discovered by or made known to the Contractor as a request for information in such form as the Owner may require.It is recognized that the Contractor's reviews made in the Contractor's capacity as a contractor and not as a licensed design professional unless otherwise'specifically provided in the Contract Documents. §9.1.3 The Contractor is not required to ascertain that the Contract Documents are in accordance with applicable laws,statutes,ordinances,codes,rules and regulations,or lawful orders of public authorities,but the Contractor shall promptly report to'the Owner any nonconformity discovered by or made known to the Contractor as a request for information in such form as the Owner may require. §9.2 SUPERVISION AND CONSTRUCTION PROCEDURES §9.2.1 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. §9.2.2 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. 9.2.3 The law requires all Home Improvement Contractors and subcontractors to be registered with the Director of Home Improvement Contractor Registration. You may inquire about contractor registration by writing to the director at One Ashburton Place,Room 1301,Boston MA 02108,or by calling 617-727-8598 or 617-727-3200 §9.3 LABOR AND MATERIALS §9.3.1 Unless otherwise provided in the Contract Documents,the Contractor shall provide and pay for labor, materials,equipment,tools,construction equipment and machinery,transportation,and other facilities and services necessary along with reasonable monitoring of water,heat,and utilities for proper execution and completion of the Work whether temporary or permanent and whether or not incorporated or to be incorporated in the Work. Payment of Water,heat and utilities are the responsibility of the Owner. §9.3.2 The Contractor shall enforce strict discipline and good order among the Contractor's employees and other Persons carryingout the Work.The Contractor shall not permit employment of unfit persons or persons not skilled in tasks assigned to them. §9.3.3 The Contractor may make a substitution only with the consent of the Owner,after evaluation by the Owner and in accordance with a Modification. Init. AIA DocumentA107T —2007.Copyright©1936,1951,1958,1961,1963,1966,1970,1974,1978,1987,1997 and 2007 by The American Institute of Architects.All rights reserved.WARNING:This AIA®Document is protected by U.S.Copyright Law and International Treaties.Unauthorized 8 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 15:06:18 on 03/28/2016 under Order No.7995574611 which expires on 06/08/2016,and is not for resale. User Notes: (3B9ADA32) §9.4 WARRANTY The Contractor warrants to the Owner that materials and equipment furnished under the Contract will be of good quality and new unless the Contract Documents require or permit otherwise.The Contractor further warrants that the Work will conform to the requirements of the Contract Documents and will be free from defects,except for those inherent in the quality of the Work the Contract Documents require or permit.Work,materials,or equipment not conforming to these requirements may be considered defective.The Contractor's warranty excludes remedy for damage or defect caused by abuse,alterations to the Work not executed by the Contractor,improper or insufficient maintenance,improper operation or normal wear and tear under normal usage. All warranties for equipment supplied by the Contractor under this agreement shall be those given by the manufacturer of such equipment,which shall be and are hereby passed through directly to the Owner. Under such manufacturers'warranties,the Owner may be required to register or mail in a warranty card or other evidence of ownership.and use of such equipment in order to activate such warranties. The Owner's failure to mail in or register such documentation,which failure voids the manufacturers'warranty,shall not create any responsibility for the Contractor to warranty such equipment. TO THE FULLEST EXTENT PERMITTED BY LAW,CONTRACTOR HEREBY DISCLAIMS ANY AND ALL EXPRESS OR IMPLIED WARRANTIES NOT EXPRESSLY SET FORTH HEREIN,INCLUDING WITHOUT LIMITATION THE WARRANTY OF MERCHANTABILITY AND THE WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE. §9.5 TAXES The Contractor shall pay sales;consumer,use and other similar taxes that are legally enacted when bids are received or negotiations concluded,whether or not yet effective or merely scheduled to go into effect. Use tax paid by Contractor will be passedalong to the Owner for reimbursement to Contractor when in the case of a cost-plus contract. §9:6 PERMITS,FEES,NOTICES,AND COMPLIANCE WITH LAWS §9.6.1 Unless otherwise provided in the Contract Documents,the Contractor shall secure and pay for the building permit as well as other permits,fees,licenses and inspections by government agencies necessary for proper execution and completion of the Work that are customarily secured after execution of the Contract and legally required at the time bids are received or negotiations concluded.Homeowners who secure their own building permits shall be excluded from the guaranty fund provisions of the Home Improvement Contractor Law M.G.L.c. 142A. §9.6.2 The Contractor shall comply with and give notices required by applicable laws,statutes,ordinances,codes, rules and regulations,and lawful orders of public authorities applicable to performance of the Work.If the Contractor performs Work knowing it to be contrary to applicable laws,statutes,ordinances,codes,rules and regulations,or lawful orders of public authorities,the Contractor shall assume appropriate responsibility for such Work and shall bear the costs attributable to correction. §9.7 ALLOWANCES The Contractor shall include in the Contract Sum all allowances stated in the Contract Documents.The Owner shall select materials and equipment under allowances with reasonable promptness so as not to delay progress of the work..Allowance amounts shall include the costs to the Contractor of materials and equipment delivered at the site and all required taxes,less applicable trade discounts.Allowance amounts shall not include the Contractor's costs for unloading and handling at the site, §9.8 CONTRACTOR'S CONSTRUCTION SCHEDULES §9.8.1 The Contractor,promptly after being awarded the Contract,shall prepare and submit for the Owner's information a Contractor's construction schedule for the Work.The schedule is offered as a general guideline only and is subject to changes.The schedule shall not exceed time limits current under the Contract Documents,shall be revised at appropriate intervals as required by the conditions of the Work and Project,shall be related to the entire Project to the extent required by the Contract Documents,and shall provide for expeditious and practicable execution of the Work. §9.8.2 The Contractor shall perform the Work in general accordance with the most recent schedule submitted to the Owner. Init. AIA Document A107——2007.Copyright O 1936,1951,1958,1961,1963,1966,1970,1974,1978,1987,1997 and 2007 by The American Institute of Architects.All rights reserved.WARNING:This AIA® Document is protected by U.S.Copyright Law and International Treaties.Unauthorized 9 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 15:06:18 on 03/28/2016 under Order No.7995574611 which expires on 06/08/2016,and is not for resale. User Notes: (369ADA32) §9.9 SUBMITTALS §9.9.1 The Contractor shall review for compliance with the Contract Documents and submit to the Owner Shop Drawings,Product Data,Samples and similar submittals required by the Contract Documents in coordination with the Contractor's construction schedule and in such sequence as to allow the Owner reasonable time for review. Owner shall review all such submittals with reasonable promptness so as not to delay progress of the Work.By submitting Shop Drawings,Product Data,Samples and similar submittals,the Contractor represents to the Owner that the Contractor has(1)reviewed and approved them;(2)determined and verified materials,field measurements and field construction criteria related thereto,or will do so;and(3)checked and coordinated the information contained within such submittals with the requirements of the Work and of the Contract Documents.The Work shall be in accordance with approved submittals. §9.9.2 Shop Drawings,Product Data,Samples and similar submittals are not Contract Documents. §9.10 USE OF SITE The Contractor shall confine operations at the site to areas permitted by applicable laws,statutes,ordinances,codes, rules and regulations,lawful orders of public authorities,and the Contract Documents and shall not unreasonably encumber the site with materials or equipment. §9:11 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. §9.12 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 waste materials, rubbish,the Contractor's tools;construction equipment,machinery and surplus material from and about the Project. §9.13 ROYALTIES,PATENTS AND COPYRIGHTS The Owner shall pay all royalties and license fees.The Owner shall defend suits or claims for infringement of copyrights and patent rights against Contractor and shall indemnify,defend and hold the Contractor harmless from loss on account thereof,including attorneys' fees and costs. §9.14 ACCESS TO WORK The Contractor shall provide the Owner access to the Work in preparation and progress wherever located. §9.15 INDEMNIFICATION '§9.15.1 To the fullest extent permitted by law,and subject to the provisions of Section 9.1.1.the Contractor shall indemnify and hold harmless the Owner,Owner,Owner'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 9.15.1. §9.15.2 In claims against any person or entity indemnified under this Section 9.15 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 9.15.1 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 10 OWNER §10.1 The Owner will provide administration of the Contract. Init. AIA Document A107T —2007.Copyright©1936,1951,1958,1961,1963,1966,1970,1974,1978,1987,1997 and 2007 by The American Institute of Architects.All rights reserved.WARNING:This AIA®Document is protected by U.S.Copyright Law and International Treaties.Unauthorized 1 O 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 15:06:18 on 03/28/2016 under Order No.7995574611 which expires on 06/08/2016,and is not for resale. User Notes: (369ADA32) i §10.2 The Owner will visit the site at intervals appropriate to the stage of the construction to become generally familiar with the progress and quality of the portion of the Work completed,and to determine in general,if the Work observed is being performed in a manner indicating that the Work,when fully completed,will be in accordance with the Contract Documents.However,the Owner will not be required to make exhaustive or continuous on-site inspections to check the quality or quantity of the Work.The Owner will not have control over,charge of,or responsibility 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. §10.3 On the basis of the site visits,the Owner will be reasonably informed about the progress and quality of the portion of the Work completed,and report to the Contractor(1)known deviations from the Contract Documents and material deviations from the most recent construction schedule submitted by the Contractor,and(2)defects and deficiencies observed in the Work.The Owner will not be responsible for the Contractor's failure to perform the Work in accordance with the requirements of the Contract Documents.The 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. §10.4 Deleted ` §10.5 The Owner has authority to reject Work that does not conform to the Contract Documents and to require inspection or testing of the Work.Owner shall advise Contractor in writing of the reason for such rejection or need for such inspection or testing of the work. All costs of such testing or inspection shall be borne by Owner. §10.6 The 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. §10.7 Deleted §10.8 Deleted " §10.9 Duties,responsibilities and limitations of authority of the Owner as set forth in the Contract Documents shall not be restricted,modified or extended without written consent of the Contractor.Consent shall not be unreasonably withheld. ARTICLE 11 SUBCONTRACTORS §11.1 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. §11.2 Unless otherwise stated in the Contract Documents or the bidding requirements,the Contractor,as soon as practicable after award of the Contract,if requested by Owner shall furnish in writing to the Owner the names of the Subcontractors or suppliers for each of the principal portions of the Work.The Contractor shall not contract with any Subcontractor or supplier to whom the Owner has made reasonable written objection within ten days after receipt of the Contractor's list of Subcontractors and suppliers.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. §11.3 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 (2) allow the Subcontractor the benefit of all rights,remedies and redress against the Contractor that the Contractor,by these Contract Documents,has against the Owner. Init. AIA Document A107TM—2007.Copyright©1936,1951,1958,1961,1963,1966,1970,1974,1978,1987,1997 and 2007 by The American Institute of Architects.All rights reserved.WARNING:This AIA®Document is protected by U.S.Copyright Law and International Treaties.Unauthorized 11 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 15:06:18 on 03/28/2016 under Order No.7995574611 which expires on 06/08/2016,and is not for resale. User Notes: (3139ADA32) ARTICLE 12 CONSTRUCTION BY OWNER OR BY SEPARATE CONTRACTORS §12.1 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 Article 21. §12.2 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. §12.3 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 13 CHANGES IN THE WORK §13.1 By appropriate Modification,changes in the Work may be accomplished after execution of the Contract.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,with 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,and Contractor. . §13.2 Adjustments in the Contract Sum and Contract Time resulting from a change in the Work shall be determined by mutual agreement of the parties and will be presented to the Owner in the form of a Change Request and will include the Contractor's cost of labor,material,equipment,and reasonable overhead and profit,unless the parties agree on another method for determining the cost or credit.When the Owner and Contractor agree on adjustments to the Contract Sum and Contract Time arising from a Change Request,the Contractor will prepare a Change Order. §13.3 The Ow er 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 Contractor.The Contractor shall carry out such written orders promptly. §13.4 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 as mutually agreed between the Owner and Contractor;provided that the Contractor provides notice to the Owner promptly and before conditions are disturbed. ARTICLE 14 TIME §14.1 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. §14.2 Unless otherwise provided,Contract Time is the period of time,including authorized adjustments,allotted in the Contract Documents for Substantial Completion of the Work. §14.3 The term"day as used in the Contract Documents shall mean business day unless otherwise specifically defined. §14.4 The date of Substantial Completion is the date in accordance with Section 15.4. §14.5 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 Owner and Contractor determines may justify delay,then the Contract Time shall be extended by Change Order for such reasonable time as the Owner and Contractor may determine,subject to the provisions of Article 21. Init. AIA Document A107TM—2007.Copyright 01936,1951,1958,1961,1963,1966,1970,1974,1978,1987,1997 and 2007 by The American Institute of Architects.All rights reserved.WARNING:This AIA®Document is protected by U.S.Copyright Law and International Treaties.Unauthorized 12 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 15:06:18 on 03/28/2016 under Order No.7995574611 which expires on 06/08/2016,and is not for resale. User Notes: (3139ADA32) ARTICLE 15 PAYMENTS AND COMPLETION §15.1 APPLICATIONS FOR PAYMENT §15.1.1 Where the Contract is based on a Stipulated Sum or the Cost of the Work with a Guaranteed Maximum Price,the Contractor shall submit to the Owner,before the first Application for Payment,a schedule of values, allocating the entire Contract Sum to the various portions of the Work,prepared in such form and supported by such data to substantiate its accuracy as the Owner may require.This schedule,unless objected to by the Owner,shall be used in reviewing the Contractor's Applications for Payment. §15.1.2 With each Application for Payment where the Contract Sum is based upon the Cost of the Work,the Contractor shall submit any evidence reasonably required by the Owner to demonstrate that cash disbursements already made by the Contractor on account of the Cost of the Work equal or exceed(1)progress payments already received by the Contractor,less(2)that portion of those payments attributable to the Contractor's Fee;plus(3) payrolls for the period covered by the present Application for Payment. §15.1.3 Payments shall be made on account of materials and equipment delivered and suitably stored at the site for subsequent incorporation in the Work.If approved in advance by the Owner,payment may similarly be made for materials and equipment stored,and protected from damage,off the site at a location agreed upon in writing. §15.1.4 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 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. §15:2 CERTIFICATES 011 PAYMENT §15.2.1 The Owner will,within seven days after receipt of the Contractor's Application for Payment,either issue payment to the Contractor for the amount as the Owner determines is properly due,or notify the Contractor in writing of the Owner's reasons for withholding payment in whole or in part as provided in Section 15.2.3. §15.2.2 The issuance of a payment will constitute a representation by the Owner to the Contractor,that,to the best of the Owner's knowledge,information and belief,the Work has progressed to the point indicated and that 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 Owner..However,the issuance of payment will not be a \representation that the 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. §15.2.3 The Owner may withhold a payment in whole or in part,to the extent reasonably necessary to protect the Owner,if in the Owner's opinion the representations required by Section 15.2.2 cannot be made.If the Owner is unable to make payment in the amount of the Application due to the factors listed in Section 15.2.2,the Owner will notify the Contractor in writing as provided in Section 15.2.1.The Owner may also withhold a payment ,because of subsequently discovered evidence,may nullify the whole or a part of a payment previously issued,to such extent as may be necessary in the Owner's opinion to protect the Owner from documented loss for which the Contractor is responsible,including loss resulting from acts and omissions described in Section 9.2.2,because of .1 defective Work not remedied;within the cure period set forth in Section 8.2 and 8.3 .2 third party claims filed .3 failure of the Contractor to make undisputed 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; .5 damage to the Owner or a separate 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 Init. AIA Document A107T —2007.Copyright 0 1936,1951,1958,1961,1963,1966,1970,1974,1978,1987,1997 and 2007 by The American Institute of Architects.All rights reserved.WARNING:This AIA°Document is protected by U.S.Copyright Law and International Treaties.Unauthorized 13 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 15:06:18 on 03/28/2016 under Order No.7995574611 which expires on 06/08/2016,and is not for resale. User Notes: (3139ADA32) 7 repeated failure to carry out the Work in accordance with the Contract Documents.After notice and opportunity to cure as provided in Section 8.2 and 8.3 Owner shall provide written notice setting forth the specific reasons it believes justifies withholding of any payment. §15.2.4 When the above reasons for withholding payment are removed,payment will be immediately made for amounts previously withheld. §15.3 PROGRESS PAYMENTS §15.3.1 The Contractor shall pay each Subcontractor,no later than thirty days after receipt of payment,the undisputed amount to which the Subcontractor is entitled,reflecting percentages actually retained from payments to the Contractor on account of the 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. §15.3.2 The Owner shall not have an obligation to pay or see to the payment of money to a Subcontractor except as may otherwise be required by law. §15.3.3 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. 115.4 SUBSTANTIAL COMPLETION §15.4.1 Substantial Completion is the stage in the progress of the Work when the Work or designated portion thereof is sufficiently complete in accordance with the Contract Documents so that the Owner can occupy or utilize the Work for its intended use. §15.4.2 When the Contractor,considers that the Work,or a portion thereof which the Owner agrees to accept separately,is substantially complete,the Contractor shall prepare and submit to the Owner a monetized comprehensive punch list of items to be completed or corrected prior to final payment.Failure to include an item on such list does not alter the responsibility of the Contractor to complete all Work in accordance with the Contract Documents. §15.4.3 Upon receipt of the Contractor's list,the Owner will make an inspection to determine whether the Work or designated portion thereof is substantially complete.When the Owner determines that the Work or designated portion thereof is substantially complete,the Owner willissue 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 defined.. if the Owner does not issue a Certificate of Substantial Completion,Owner shall provide,within five(5) days of receipt of Contractor's monetized punchlist,a detailed list of the reasons upon which the refusal to issue the Certificate of Substantial Completion is based. When the reasons set forth therein are satisfied,Owner shall issue the Certificate of Substantial Completion. Any disagreement over the refusal to issue the Certificate of Substantial Completion shall be subject to the dispute resolution procedures of Article 21 hereof. §15.4.4 The Certificate of Substantial Completion shall be submitted to the Contractor. Upon such acceptance and consent of surety,if any,the Owner shall make payment of retainage applying to such Work or designated portion thereof. Such payment shall be adjusted for Work that is incomplete or not in accordance with the requirements of the Contract Documents. §15.5 FINAL COMPLETION AND FINAL PAYMENT §15.5.1 Upon receipt of the Contractor's written notice that the Work is ready for final inspection and acceptance and upon receipt of a final Application for Payment,the Owner will promptly make such inspection and,when the Owner finds the Work acceptable under the Contract Documents and the Contract fully performed,the Owner will promptly issue a final payment which indicates that to the best of the Owner's knowledge,information and belief, and on the basis of the Owner's 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 Application is due and payable.The Owner's final payment will constitute a further representation that Init. AIA Document A107T —2007.Copyright©1936,1951,1958,1961,1963,1966,1970,1974,1978,1987,1997 and 2007 by The American Institute of Architects.All rights reserved.WARNING:This AIA®Document is protected by U.S.Copyright Law and International Treaties.Unauthorized 14 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 15:06:18 on 03/28/2016 under Order No.7995574611 which expires on 06/08/2016,and is not for resale. User Notes: (3139ADA32) conditions stated in Section 15.5.2 as precedent to the Contractor's being entitled to final payment have been fulfilled. If there is a dispute between Owner and Contractor as to final payment,the parties agree to discuss the dispute and seek resolution. If the dispute cannot be reasonably remedied,the parties agree to first mediate to resolve the dispute per Section 21.3. §15.5.2 N/A §15.5.3 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. §15.5.4 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. I , ARTICLE 16 PROTECTION OF PERSONS AND PROPERTY §16.1 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,whether in storage on or off the site, under care,custody or control of the Contractor or the Contractor's Subcontractors or Sub- sulicontractors;and .3 other property at the site or adjacent thereto,such as trees,shrubs,lawns,walks,pavements,roadways, structures and utilities not designated for removal,relocation or replacement in the course of construction. The Contractor shall comply with and give notices required by applicable laws,statutes,ordinances,codes,rules and 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 16.1.2 and 16.1.3,except for damage or loss attributable to acts or omissions of the Owner 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 9.15. §16.2 HAZARDOUS MATERIALS §16.2.1 In the event Contractor encounters material reasonably believed to be toxic or hazardous to human health, including but not limited to oil.Asbestos,lead or UFFI("Hazardous Material"),the Contractor shall immediately stop work in the area affected and reported the condition to the Owner. To the extent permitted by law,it shall be the Owner's sole responsibility and cost to remove,remediate,or render harmless such Hazardous Material and no work shall resume until such time as the Hazardous Material is removed,remedied,or rendered harmless. The parties agree that the Contractor has not contributed to the presence of Hazardous Material that may exist or be discovered in the future at the site,and Contractor assumes no liability or responsibility for the existence of Hazardous Material at the site. §16.2.2 To the fullest extent permitted by law,the Owner shall indemnify,defend and hold harmless the Contractor and any of its agents,servants,or employees from and against any and all claims,damages, losses,or expenses including reasonable attorneys' fees and costs,arising out of or related to the presence of Hazardous Material on the site. Mit. AIA Document A107W—2007.Copyright©1936,1951,1958,1961,1963,1966,1970,1974,1978,1987,1997 and 2007 by The American Institute of Architects.All rights reserved.WARNING:This AIA® Document is protected by U.S.Copyright Law and International Treaties.Unauthorized 15 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 15:06:18 on 03/28/2016 under Order No.7995574611 which expires on 06/08/2016,and is not for resale. User Notes: (3B9ADA32) §16.2.3 If,without negligence on the part of the Contractor,the Contractor is held liable by a government agency 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,including attorneys' fees and costs, to the extent not caused by the negligence of Contractor. ARTICLE 17 INSURANCE AND BONDS §17.1 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 and completed 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 under Section 9.15.Certificates of Insurance acceptable to the Owner shall be filed with the Owner prior to commencement of the Work.The Contractor shall provide written notification to the Owner of the cancellation r expiration of any insurance required by Section 17.1.The Contractor shall provide such written notice within five (5)business days of the date the Contractor is first aware for the cancellation or expiration,or is first aware that the cancellation or expiration is threatened or otherwise may occur,whichever comes first.The Contractor shall cause the commercial liability coverage required by the Contract Documents to include:(1)the Owner,and the Owner's Consultants as additional insureds for claims caused in whole or in part by the Contractor's negligent acts or omissions during the Contractor's operations;and(2)the Owner as an additional insured for claims caused in whole or in part by the Contractor's negligent acts or omissions during the Contractor's completed operations. §17:2 OWNER'S LIABILITY INSURANCE The Owner shall be responsible for purchasing and maintaining the Owner's usual liability insurance and shall provide Contractor with'a copy of all applicable insurance policies upon request prior to the commencement of the Work. §17.3 PROPERTY INSURANCE §17.3.1 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"or equivalent 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 15.5 or until no person or entity other than the Owner has an insurable interest in the property required by this Section 17.3.1 to be covered,whichever is later.This insurance shall include interests of the Owner,the Contractor, Subcontractors and sub-subcontractors in the Project.Contractor shall be named as an additional insured on all such policies.The Home Owner is responsible to insure the home to the full replacement value including the value of the renovations. §17.3.2 The Owner shall file a copy of each policy with the Contractor before an exposure to loss may occur.The Owner shall provide written notification to the Contractor of the cancellation or expiration of any insurance required by Sections 17.2 and 17.3.The Owner shall provide such written notice within five(5)business days of the date the Owner is first aware of the cancellation or expiration,or is first aware that the cancellation or expiration is threatened or otherwise may occur,whichever comes first. §17.3.3 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 Owner,Owner's consultants,separate contractors described in Article 12,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 17.3 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 Init. AIA Document A107Tm—2007.Copyright©1936,1951,1958,1961,1963,1966,1970,1974,1978,1987,1997 and 2007 by The American Institute of Architects.All rights reserved.WARNING:This AIA®Document is protected by U.S.Copyright Law and International Treaties.Unauthorized 6 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 15:06:18 on 03/28/2016 under Order No.7995574611 which expires on 06/08/2016,and is not for resale. User Notes: (3139ADA32) the separate contractors described in Article 12,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. §17.3.4 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 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. §17.4 PERFORMANCE BOND AND PAYMENT BOND . (Paragraphs Deleted) , ARTICLE 18 CORRECTION OF WORK §18.1 The Contractor shall promptly correct Work rejected by the Owner 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,the cost of uncovering and replacement,and compensation for the Owner's expenses made necessary thereby,shall be at the Contractor's expense,unless compensable under Section A.2.7.3 in Exhibit A,Determination of the Cost of the Work. §18.2 In addition to the Co'ntractor's obligations under Section 9.4,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 15:4.3,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. In the event any defect in workmanship or materials,or damaged caused by the Contractor,its subcontractors, employees,or agents,is discovered within one year after substantial completion of any job,the Contractor shall at its own expense and at its sole option,forthwith remedy,repair,correct,or replace or cause to be remedied,repaired, or replaced,such damage or,such defect in materials or workmanship. §18.3 If the Contractor fails to correct nonconforming Work within a reasonable time,the Owner may correct it in accordance with Section 8.3. §18.4 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 completion of that portion of the Work. §18.5 The one-year period for correction of Work shall not be extended by corrective Work performed by the Contractor pursuant to this Article 18. ARTICLE 19 MISCELLANEOUS PROVISIONS §19.1 ASSIGNMENT OF CONTRACT Neither party to the Contract shall assign the Contract without written consent of the other,except that the Owner may,without consent of the Contractor,assign the Contract to a lender providing construction financing for the Project if the lender assumes the Owner's rights and obligations under the Contract Documents.The Contractor shall execute all consents reasonably required to facilitate such assignment. AIA Document A707T/°—2007.Copyright O 1936,1951,1958,1961,1963,1966,1970,1974,1978,1987,1997 and 2007 by The American Institute of Init. Architects.All rights reserved.WARNING:This AIA® Document is protected by U.S.Copyright Law and International Treaties.Unauthorized 17 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 15:06:18 on 03/28/2016 under Order No.7995574611 which expires on 06/08/2016,and is not for resale. User Notes: (3B9ADA32) §19.2 GOVERNING LAW The Contract shall be governed by the law of the place where the Project is located, §19.3 TESTS AND INSPECTIONS Tests,inspections and approvals of portions of the Work required by the Contract Documents or by applicable laws, statutes,ordinances,codes,rules and regulations or lawful orders of public authorities 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 Owner timely notice of when and where tests and inspections are to be made so that the Owner may be present for such procedures.The Owner shall bear costs of(1)tests,inspections or approvals that do not become requirements until after bids are received or negotiations concluded,and(2)tests,inspections or approvals where building codes or applicable laws or regulations prohibit the Owner from delegating the costs to the Contractor.(3)tests or inspections required by the Owner pursuant to Section 10.5 which conform that such Work conformed with the Contract Documents;tests or inspections required in connection with Hazardous Material under Section 16.2 §19.4 COMMENCEMENT.OF STATUTORY LIMITATION PERIOD The Owner and Contractor shall commence all claims and causes of action,whether in contract,tort,breach of warranty or otherwise jagainst the other arising out of or related to the Contract in accordance with the requirements of the final dispute resolution method selected in the Agreement within the period specified by applicable law The Owner and Contractor waive all claims and causes of action not commenced in accordance with this Section 19.4. ARTICLE 20 TERMINATION OF THE CONTRACT §20.1 TERMINATION BY'THE CONTRACTOR If the Owner fails to make payment as provided in Section 15.2.1 for a period of 30 days through no fault of the Contractor,or if the Owner fails to make payment as provided in Section 4.1.3 for a period of 30 days,the Contractor may,upon seven additional days'written notice to the Owner terminate the Contract and recover from the Owner payment for'Work executed,including reasonable overhead and profit,costs incurred by reason of such termination,and damages. §20.2 TERMINATION BY THE OWNER FOR CAUSE §20.2.1 The Owner may terminate the Contract after providing Contractor with ten(10)days written notice and opportunity to cure or commence any cure which cannot be completed within the ten day period. .1 repeatedly'refuses or fails to supply enough properly skilled workers or proper materials; .2 fails to make undisputed payment to Subcontractors for materials or labor in accordance with the respective agreements between the Contractor and the Subcontractors; .3 repeatedly disregards applicable laws,statutes,ordinances,codes,rules and regulations or lawful orders of a public authority;or .4 otherwise is guilty of material breach of a provision of the Contract Documents. §20.2.2 When any of the above reasons exists,and the Owner,determines that sufficient cause exists to justify such action,may,without prejudice to any other remedy the Owner may have and after giving the Contractor ten days' written notice and opportunity to cure,terminate the Contract and take possession of the site and of all on-site materials for which the Owner has already paid 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. §20.2.3 When the Owner terminates the Contract for one of the reasons stated in Section 20.2.1,the Contractor shall not be entitled to receive further payment until the Work is finished. §20.2.4 If the unpaid balance of the Contract Sum exceeds costs of finishing the Work, including compensation for the Owner's 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. Init. AIA Document A107T —2007.Copyright O 1936,1951,1958,1961,1963,1966,1970,1974,1978,1987,1997 and 2007 by The American Institute of Architects.All rights reserved.WARNING:This AIA®Document is protected by U.S.Copyright Law and International Treaties.Unauthorized 18 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 15:06:18 on 03/28/2016 under Order No.7995574611 which expires on 06/08/2016,and is not for resale. User Notes: (3139ADA32) §20.3 TERMINATION BY THE OWNER FOR CONVENIENCE The Owner may,at any time,terminate the Contract for the Owner's convenience and without cause.The Contractor shall be entitled to receive payment for Work executed,and costs incurred by reason of such termination,along with reasonable overhead and profit on the Work not executed. ARTICLE 21 CLAIMS AND DISPUTES §21.1 Claims,disputes and other matters in question arising out of or relating to this Contract,including those alleging an error or omission but excluding those arising under Section 16.2,shall be discussed informally between the Owner and Contractor in an effort to resolve them. .In the event that the parties are not able to resolve such matters,except those waived as provided for in Section 21.8 and Sections 15.5.3 and 15.5.4,they shallbe subject to mediation as a condition precedent to binding dispute resolution. The cost of mediation shall be borne equally by the parties. §21.2 If a claim,dispute or other matter in question relates to or is the subject of a mechanic's lien,the party asserting such matter may proceed in accordance with applicable law to comply with the lien notice or filing deadlines. §21.3 The parties shall endeavor to resolve their disputes by mediation which,unless the parties mutually agree otherwise,shall be administered by the American Arbitration Association in accordance with its Construction Industry Mediation Proceduresin effect on the date of the Agreement.A request for mediation shall be made in writing,delivered to the other-party to this Agreement,and filed with the person or entity administering the mediation.The request may be made concurrently with the binding dispute resolution but,in such event,mediation shall proceed in advance of binding dispute resolution proceedings,which shall be stayed pending mediation for a period of 60 days from the date of filing,unless stayed for a longer period by agreement of the parties or court order. If an arbitration is stayed pursuant to this Section,the parties may nonetheless proceed to the selection of the arbitrator(s)and.agree upon a schedule for later proceedings. §21.4 Any claim,subject to,but not resolved by,mediation shall be subject to arbitration which,shall be administered in accordance with the the Home Improvement Contractor Law,M.G.L.c. 142A,unless the parties mutually agree to proceed under the rules of the American Arbitration Association,„in effect on the date of this Agreement.Demand for arbitration shall be made in writing,delivered to the other party to the Contract,and filed with the person or entity administering the arbitration.The award rendered by the arbitrator or arbitrators shall be final,and judgment maybe entered upon it in accordance with applicable law in any court having jurisdiction thereof and subject to any right of appeal under application law. Owner hereby consents to Contractor's right to demand arbitration under the Home Improvement Contractor law. §21.7 The foregoing agreement to arbitrate shall be specifically enforceable under applicable law in any court having jurisdiction thereof. §21.8 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 20.Nothing contained in this Section 21.8 shall be deemed to preclude an award of liquidated damages,when applicable,in accordance with the requirements of the Contract Documents. Additional 1. Information [nit. AIA DocumentA107TM—2007.Copyright©1936,1951,1958,1961,1963,1966,1970,1974,1978,1987,1997 and 2007 by The American Institute of Architects.All rights reserved.WARNING:This AIA®Document is protected by U.S.Copyright Law and International Treaties.Unauthorized 19 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 15:06:18 on 03/28/2016 under Order No.7995574611 which expires on 06/08/2016,and is not for resale. User Notes: (389ADA32) you have general questions or need additional information about the Home Improvement Contractor Law or other consumer rights,or if you wish to obtain a free copy of"A Consumer Guide to the Home Improvement Contractor Law",contact Consumer Information Hotline Executive Office of Consumer Affairs One Ashburton Place,Boston MA 02108 617-727-7780 If you want to verify the registration of a contractor or if you have questions or need additional information specifically about the contractor registration component of the Home Improvement Contractor Law,contact Director of Home Improvement Contractor Registration Bureau of Building Regulations and Standards One Ashburton Place,Boston MA 02108 617-727-8598 or 617-727-3200 For assistance with informational mediation of disputes or to register formal complaints against a business,call Consumer Complaint Division Office of the Attorney General 617-727-8400 You may cancel this agreement if it has been signed by a party thereto at a place other than the Contractor's normal place of business,provided you notify the contractor in writing at his office by ordinary in ail 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 ARE ANY BLANK SPACES. This Agreement entered into as of the day and year first written above. OWNER(Signature) CONTRACTOR(Signature) (Printed name and title) (Printed name and title) [nit. AIA Document A107T —2007.Copyright O 1936,1951,1958,1961,1963,1966,1970,1974,1978,1987,1997 and 2007 by The American Institute of Architects.All rights reserved.WARNING:This AIA® Document is protected by U.S.Copyright Law and International Treaties.Unauthorized 20 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 15:06:18 on 03/28/2016 under Order No.7995574611 which expires on 06/08/2016,and is not for resale. User Notes: (3139ADA32) you have general questions or need additional information about the Home Improvement Contractor Law or other consumer rights,or if you wish to obtain a free copy of"A Consumer Guide to the Home Improvement Contractor Law",contact Consumer Information Hotline Executive Office of Consumer Affairs One Ashburton Place,Boston MA 02108 617-727-7780 If you want to verify the registration of a contractor or if you have questions or need additional information specifically about the contractor registration component of the Home Improvement Contractor Law,contact Director of Home Improvement em ent Contracto r Registration Bureau of Building Regulations and Standards One Ashburton Place,Boston MA 02108 617-7274598 or 617-727-3200 For assistance with informational mediation of disputes or to register formal complaints against a business,call Consumer Complaint Division Office of the Attorney General 617-727-8400 You may cancel this agreement if it has been signed by a party thereto at a place other than the Contractor's normal place of business,provided you notify the contractor in writing at his office by ordinary m ail 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 ARE ANY BLANK SPACES. This Agreement entered into as f the day and year.first written above. 0 R(Signatuf-!!2_, CO TRACTOR(Si lure) [1)e�.t`tL�t `� L„�Q s A�l! p�.>!n fo� D UI '���9���//'(itZ�• (Printed name and title) V t (Prin a name and title) I'. i It i l I f Init. AIA Document A107"—2007.Copyright®1936,1951,1958,1961,1963,1966,1970,1974,1978,1987,1997 and 2007 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 AIM'Document,or any portion of it,may result in severe civil and criminal penalties,and will be prosecuted to the 20 / maximum extent possible under the law.This document was produced by AIA software at 15:06:16 on 03/28/2016 under Order No.7995574611 which expires on 06108/2016,and is not for resale. User Notes: (389ADA32) l� FHPERRY-01 TRAMIREZ ACORO� CERTIFICATE OF LIABILITY INSURANCE DATDIYYYY) 3//31 31/2/2016 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(ies)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 endorsement(s). PRODUCER CONTACT NAME: Mason 8r Mason Insurance Agency,Inc. PHONE (781)447-5531 FAX (7 ) 458 South Ave. (A/C. A/C No Ext): AIC,No): 81 447-7230 Whitman,MA 02382 E-MAIL ADDRESS:info@masonandmasoninsurance.com INSURER(S)AFFORDING COVERAGE NAIC# INSURER A:Gemini Insurance Company INSURED INSURER B:NGM Insurance Company 14788 F.H.Perry Builder Inc INSURER C:Torus National Insurance Co. 25496 90 Elm Street INSURER D:Star Insurance Company 00006 Hopkinton,MA 01748 INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT 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.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCEADDLSUBR POLICY EFF POLICY EXP LTR INSD WVD POLICY NUMBER MM/DDIYYYY MM/DDIYYYY LIMITS A X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 CLAIMS-MADE FXI OCCUR VCGP080860 06/21/2015 06/21/2016 PREMISES Ea occurrence $ 50,000 MED EXP(Any one person) $ 5,000 PERSONAL&ADV INJURY $ 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,000 POLICY F PRO F-1JECT LOC PRODUCTS-COMP/OP AGG $ 1,000,000 OTHER: $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ 1,000,000 Ea accident B ANY AUTO M9134433H 06/21/2015 06/21/2016 BODILY INJURY(Per person) $ ALL OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS AUTOS X HIRED AUTOS X NON-OWNED PROPERTY DAMAGE $ AUTOS Per accident $ UMBRELLA LIAB X OCCUR EACH OCCURRENCE $ 10,000,000 C X EXCESS LIAB CLAIMS-MADE 27469D151ALI 06/21/2015 06/21/2016 AGGREGATE $ 10,000,000 DED I I RETENTION$ $ WORKERS COMPENSATIONPER OTH- AND EMPLOYERS'LIABILITY STATUTE ER D ANY PROPRIETOR/PARTNER/EXECUTIVE YIN N/A X C0113161 09/14/2015 09/14/2016 E.L.EACH ACCIDENT $ 500,000 OFFICER/MEMBER EXCLUDED? (Mandatory in NH) E.L.DISEASE-EA EMPLOYEd$ 500,000 If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT 1$ 500,000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE Conway Residence THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. 155 Great Pont Road North Andover,MA 01845 AUTHORIZED REPRESENTATIVE ©1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25(2014/01) The ACORD name and logo are registered marks of ACORD — Office of Consumer Affairs and Business Regulation 10 Park Plaza - Suite 5170 Boston, Massachusetts 02116 Home Improvement Co tj- for Registration Registration: 105589 T Type: Private Corporation Expiration: 7/20/2016 Tr# 286743 F.H. PERRY BUILDER INC. ALLISON IANTOSCA y , 90 ELM STREET Hopkinton, MA 01748 c �M y;'9- Update Address and return card.Mark reason for change. scn 1 r: 2onr-05i11 Address D'Renewal [-] Employment E] Lost Card �.e V/P7J207749zlIJ���o�'C�'�iraaa�i.�gel/.3 . of5ce of Consumer Affairs&Business Regulation License or registration valid for individul use only WEOME IMPROVEMENT CONTRACTOR before the expiration date. If found return to: egistration: ,'Z"105589 Type: Office of Consumer Affairs and Business Regulation xp1ratIonr,-701'66-16 Private Corporation l0 Park Plaza-Suite 5170 trI. Boston,MA 02116 F.H.PERRY BUILDFA - r== µ''dl, ALLISON IANTOSCA � 90 ELM STREET Hopkinton,MA 01748 Undersecretary �� �•^�` Not valid without signature f I f i ' - f Massachusetts Department of Public Safety : Board of Building Regulations and Standards License: CS-092677 Construction Supervisor JAMES E FOSCAL'DO, 71 GREEN STREET0�'F,77 MEDFIELD MA 0206 Expiration: Commissioner 10/11/2017