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HomeMy WebLinkAboutBuilding Permit #392 - 21 HIGH STREET 11/20/2007 BUILDING PERMIT Of ye oTM 'qti TOWN OF NORTH ANDOVER APPLICATION FOR PLAN EXAMINATION Permit NO: Date Received 44 �Aw�eo►�'`y(5 C US Date Issued: IMPORTANT:Applicant must complete all items on this page LOCATION I " T!441 PROPERTY OW NER- t4 48` tri ;, ?Prim . m MAP N0: PARCEL ZONING DISTRICT Historic District yes',,- 7no r z.Machine-Shop Village x yes no TYPE OF IMPROVEMENT PROPOSED USE Residential Non- Residential New Building One family Addition Two or more family Industrial Alteration No. of units: Commercial Repair, replacement Assessory Bldg Others: Demolition Other Septic' Vllell Floodplain °btlands ,. a 1Natershed:Distri Water/Sewer DESCRIPTION OF WORK TO BEP EFOR ED: Identification Please Type or Print Clearly) OWNER: Name: Phone:b Address: v �� S0�uwv CONTRACTOR Name, r°fit*( 'th W`"~--�e Phone: Address: Lei Supervisor's Construction License. Exp-. ,DateZ l� Home Improvernentbcense. Oates I Xp ARCHITECT/ENGINEER Q v�� Rak Phone: Address: 3 a l C's'-J QZ10" Reg. No. 1y� FEE SCHEDULE:BULDING PERMIT.,$12.00 PER$1000.00 OF THE TOTAL ESTIMATED COST BASED ON$125.00 PER S.F. Total Project Cost: $ FEE: $ 2— Check Check No.: Z-\ Receipt No.: 0241� NOTE: Persons contracting with unregistered contractors do not have access to the guaranty fund signature of Agen#lOwner - gnature of contractor __. _ _ _ Plans Submitted Plans Waived Certified Plot Plan Stamped Plans TYPE OF SEWERAGE DISPOSAL Public Sewer Tanning/Massage/Body Art Swimming Pools Well Tobacco Sales Food Packaging/Sales Private(septic tank,etc. Permanent Dumpster on Site THE FOLLOWING SECTIONS FOR OFFICE USE ONLY INTERDEPARTMENTAL SIGN OFF - U FORM DATE REJECTED DATE APPROVED PLANNING & DEVELOPMENT COMMENTS DATE REJECTED DATE APPROVED CONSERVATION COMMENTS DATE REJECTED DATE APPROVED HEALTH COMMENTS rr�•w Zoning Board of Appeals:Variance, Petition No: Zoning Decision/receipt submitted yes PlanningBoard Decision: Comments Conservation Decision: Comments Water & Sewer Connection/Signature & Date Driveway Permit Located at 384 Osgood Street FIRE DEPARTMENT ,-'Temp Dunipster onsite, des _no Located at*124.Main Street Fare Departmen#*signature/date6-7 CCOMMENTS Dimension Number of Stories: Total square feet of floor area, based on Exterior dimensions. Total land area, sq. ft.: i ELECTRICAL: Movement of Meter location, mast or service drop requires approval of Electrical Inspector Yes No DANGER ZONE LITERATURE: Yes No MGL Chapter 166 Section 2 1 A—F and G min.$100-$1000 fine NOTES and DATA— (For department use ❑ Notified for pickup - Date _-...... _... ..... - -- Doc.Building Permit Revised 2007 E 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 NOTE: 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 ❑ Photo Copy of H.I.C. And C.S.L. Licenses ❑ Copy Of Contract ❑ Floor/Crossection/Elevation Plan Of Proposed Work With Sprinkler Plan And Hydraulic Calculations (If Applicable) ❑ Mass check Energy Compliance Report (If Applicable) ❑ Engineering Affidavits for Engineered products NOTE: All dumpster permits require sign off from Fire Department 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 ❑ Mass check Energy Compliance Report ❑ Engineering Affidavits for Engineered products NOTE: All dumpster permits require sign off from Fire Department prior to issuance of Bldg Permit In all cases if a variance or special permit was required the Town Clerks office must stamp the decision from the Board of Appeals that the appeal period is over. The applicant must then get this recorded at the Registry of Deeds. One copy and proof of recording must be submitted with the building application Dor.INSPECTIONAL SERVICES DEPARTMENT:BPFORM07 Revised 2.2007 Location,, 0 dT OF No. ��v Date _ "a �a�Th TOWN OF NORTH ANDOVER 3? 6 �L F 9 • ; ,' Certificate of Occupancy $ sACNus<� Building/Frame Permit Fee $ Foundation Permit Fee $ Other Permit Fee $ TOTAL $ Check # /3d 208 ,12 C �._ W Building Inspector Location 'r U No. `�?a' Date 2 Of "ORT" TOWN OF NORTH ANDOVER O F � 9 Certificate of Occupancy Building/Frame/Frame Permit Fee $ s ICHust 9 Foundation Permit Fee $ Other Permit Fee $ TOTAL $ Check # U 30 9� 209.1 1 �,"uitdifig Instector v ; f +< y CERTIFICATE OF USE & OCCUPANCY TOWN OF NORTH ANDOVER Building Permit Number 392 (11/20/07) Date: JanuM 23, 2008 THIS CERTIFIES THAT THE BUILDING LOCATED ON 21 High Street I, MAY BE OCCUPIED AS Tenant Fit Uy Commercial— #3 2nd Floor Next AMP IN ACCORDANCE WITH THE PROVISIONS OF THE MASSACHUSETTS STATE BUILDING CODE AND SUCH OTHER REGULATIONS AS MAY APPLY. Certificate Issued to: , Next Amp 21 High Street North Andovier MA 01845 Building Inspector i Town- of Andover - . 0 No.? 9� Z0 dover, Mass.,0 L'�A COCHICHEWICK C S AERATED BOARD OF HEALTH Food/Kitchen PERMIT T D Septic System THIS CERTIFIES THAN .................................................................................................................. BUILDING INSPECTOR Foundation has permission to erect........................................ buildings on .! �( .......Hj.�..Pj...�Ff- . ................ to be occupied as... .........j?n4?4.,0.!jA ....... ........................ Chimney provided that the person accepting this permit shall in every respect conform to the terasof the application on file in Fina 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. PLUMB&G INSPECTOR VIOLATION of the Zoning or Building Regulations Voids this Permit. Rough V PERMIT EXPIRES IN 6 MONTHS UNLESS CONSTRU ARTS ELECTRICAL INSPE TOR ....... ........................................... Service B i6ii Occupancy Permit Required to Occupy Building GAS INSPECTOR Display in a Conspicuous Place on the Premises — Do Not Remove Rough Final No Lathing or Dry Wall To Be Done FIRE DEPARTMENT Until Inspected and Approved by the Building Inspector. Burner Street No. SEE REVERSE SIDE Smoke Det. 72(16 Client#: 35588 RCGBU ACORD,. CERTIFICATE OF LIABILITY INSURANCE 1DATE 1/12/07D ) PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION INSURANCE MARKETING AGENCIES ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE 306 MAIN STREET HOLDER.THIS CERTIFICATE DOES NOT AMEND,EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. WORCESTER,MA 01608 508 753-7233 INSURERS AFFORDING COVERAGE NAIC# INSURED RCG Builders LLC INSURER A: Associated Employers Insurance Co. 11104 INSURER B: c/o RCG-LLC INSURER C: 17 Ivaloo Street,Suite 100 INSURER D: Somerville, MA 02143 INSURER E: COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED.NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR D POLICY EFFECTIVE POLICY EXPIRATION LTR NSR TYPE OF INSURANCE POLICY NUMBER DATE MM/DD/YY DATE MMIDD/YY LIMITS GENERAL LIABILITY EACH OCCURRENCE $ COMMERCIAL GENERAL LIABILITY DAMAPREMGE TO RSES(E.ENTED $ CLAIMS MADE D OCCUR MED EXP(Any one person) $ PERSONAL&ADV INJURY $ GENERAL AGGREGATE $ GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OP AGG $ POLICY LOC PRO- JECT AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT ANY AUTO (Ea accident) $ ALL OWNED AUTOS BODILY INJURY $ SCHEDULED AUTOS (Per person) HIRED AUTOS BODILY INJURY $ NON-OWNED AUTOS (Per accident) PROPERTY DAMAGE $ (Per accident) GARAGE LIABILITY AUTO ONLY-EA ACCIDENT $ ANY AUTO OTHER THAN EA ACC $ AUTO ONLY: AGG $ EXCESS/UMBRELLA LIABILITY EACH OCCURRENCE $ OCCUR FICLAIMS MADE AGGREGATE $ DEDUCTIBLE $ RETENTION $ $ A WORKERS COMPENSATION AND WCC5005531012007 05/10/07 05/10/08 X WC STATU- 0ETR EMPLOYERS'LIABILITY E.L.EACH ACCIDENT $SOO,000 ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? E.L.DISEASE-EA EMPLOYEE $500,000 If yes,describe under SPECIAL PROVISIONS below E.L.DISEASE-POLICY LIMIT 1$500,000 OTHER DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION North Andover Town Offices DATE THEREOF,THE ISSUING INSURER WILL ENDEAVOR TO MAIL 1Q DAYS WRITTEN 120 Main Street NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,BUT FAILURE TO DO SO SHALL North Andover,MA 01845 IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER,ITS AGENTS OR REPRESENTATIVES. AUTHORIZED REPRESENTATIVE ACORD 25(2001/08)1 of 2 #140620 GCE © ACORD CORPORATION 1988 SThe Commonwealth of Massachusetts Department of Industrial Accidents Office of Investigations 600 Washington Street .` t Boston,MA 02111 M 5� www.mass.gov/dia Workers' Compensation Insurance Affidavit: Builders/Contractors/Electricians/Plumbers Applicant Information Please Print Le ibl Name(Business/Organization/Individual): Cr. Address: City/State/Zip: s�N�bwtu�.�' Phone#: V 1'Z "'%a Are you an employer?Check the appropriate box: Type of project(required):, 1 I am a employer 4. I am a general contractor and I with� � E] 6. ❑New construction employees(full and/or part-time).* have hired the sub-contractors 2.❑ I am a sole proprietor or partner- listed on the attached sheet. 7. ❑ Remodeling ship and have no employees These sub-contractors have g, ❑Demolition working for me in any capacity. employees and have workers9. ❑Building addition [No workers' comp.insurance comp.insurance.$ required.] 5. ❑ We are a corporation and its 10.[1 Electrical repairs or additions 3.❑ I am a homeowner doing all work officers have exercised their 11.❑Plumbing repairs or additions myself. [No workers' comp. right of exemption per MGL 12.❑Roof repairs insurance required.]t c. 152, §1(4), and we have no employees. [No workers' 13.❑ Other comp.insurance required.] *Any applicant that checks box#1 must also fill out the section below showing their workers'compensation policy information. t Homeowners who submit this affidavit indicating they are doing all work and then hire outside contractors must submit a new affidavit indicating such. $Contractors that check this box must attached an additional sheet showing the name of the sub-contractors and state whether or not those entities have employees. If the sub-contractors have employees,they must provide their workers'comp.policy number. I am an employer that is providing workers'compensation insurance for my employees. Below is the policy and job site information. Insurance Company Name: Cl Policy#or Self-ins. Lic.#: ,ti �' J Q �7 3 �0 120 1xpiration Date: fro V Job Site AddressA t P1 IG41 ('t0r%- ` City/State/Zip: Attach a copy of the workers' compensation policy declaration page(showing the policy number and expiration date). Failure.to secure coverage as required under Section 25A of MGL c. 152 can lead to the imposition of criminal penalties of a fine up to$1,500.00 and/or one-year imprisonment,as well as civil penalties in the form of a STOP WORK ORDER and a fine of up to$250.00 a day against the violator. Be advised that a copy of this statement may be forwarded to the Office of Investigations of the DIA for insurance coverage verification. I do hereby ceerrttii�fy under the pains and penalties of perjury that the information provided ab ve is tru and correct. Signafore: V Date: it Zv _ Phone#: Officialwse only. Do not write in this area,to be completed by city or town officiaL City or Town:' Permit/License# Issuing Authority(circle one): 1.Board of Health 2.Building Department 3.City/Town Clerk 4.Electrical Inspector 5.Plumbing Inspector 6.Other Contact Person: Phone#: 4 Information and Instructions Massachusetts General Laws chapter 152 requires all employ6rs to provide workers compensation for their employees. es. Pursuant to this statute,an employee is defined as"...every person in the service of another under any contract of hire, express or implied, oral or written." An employer is defined as"an individual,partnership,association,corporation or other legal entity,or any two or more of the foregoing engaged in a joint enterprise,and including the legal representatives of a deceased employer,or the receiver or trustee of an individual,partnership,association or other legal entity,employing employees. However the owner of a dwelling house having not more than three apartments and who resides therein,or the.occupant of the dwelling house of another who employs persons to do maintenance,construction or repair work on such dwelling house or on the grounds or building appurtenant thereto shall not because of such employment be deemed to be an employer." MGL chapter 152, §25C(6)also states that"every state or local licensing agency shall withhold the issuance or renewal of a license or permit to,operate.a business or to construct buildings in the commonwealth for any applicant who has not produced acceptable evidence of compliance with the insurance coverage required." Additionally,MGL chapter 152, §25C(7)states"Neither the commonwealth nor any of its political subdivisions shall enter into any contract for the performance of public work until acceptable evidence of compliance with the insurance requirements of this chapter have been presented to the contracting authority." Applicants Please fill out the workers'compensation affidavit completely,by checking the boxes that apply to your situation and,if necessary,supply sub-contiactor(s)name(s),address(es)and phone number(s)along with their certificate(s)of insurance. Limited Liability Companies(LLC)or Limited Liability Partnerships(LLP)with no employees other than the members or partners, are not required to carry workers' compensation insurance. If an LLC or LLP does have employees,a policy is required. Be advised that this affidavit may submitted to the Department of Industrial Accidents for confirmation of insurance coverage. Also be sure to sign and date the affidavit. The affidavit should be returned to the city or town that the application for the permit or license is being requested,not the Department of Industrial Accidents. Should you have any questions regarding the law or if you are required to obtain a workers' compensation policy,please call the Department at the number listed below. Self-insured companies should enter their self-insurance license number on the appropriate line. City or Town Officials Please be sure that the affidavit is complete and printed legibly. The Department has provided a space at the bottom of the affidavit for you to fill out in the event the Office of Investigations has to contact you regarding the applicant. Please be sure to fill in the permittlicense number which will be used as a reference number. In addition,an applicant that must submit multiple permiVhcense applications in any given year,need only submit one affidavit indicating current policy information(if necessary)and under"Job Site Address" the applicant should write"all locations in (city or town)."A copy of the affidavit that has been officially stamped or marked by the city or town may be provided to the applicant as proof that a valid affidavit is on file for future permits or licenses. A new affidavit must be filled out each year.Where a home owner or citizen is obtaining a license or permit not related to any business or commercial venture (i.e. a dog license or permit to burn leaves etc.)said person is NOT required to complete this affidavit. The Office of Investigations would like to thank you in advance for your cooperation and should you have any questions, lease do not hesitate to give us a call. P The Department's address,telephone and fax number: The Commonwealth of Massachusetts Department of Industrial Accidents Office of Investigations 600 Washington Street Boston,MA 02111 Tel. #6.17-727-4900 ext.406 or 1-877-MASSAFE Fax# 617-727-7749 Revised 11.22-06 www.mass.gov/dia NORTH ANDOVER BUILDING DEPARTMENT Tel: 978-688-9545 DEBRIS DISPOSAL FORM In accordance with the provision of MGL c 40 S 54, a condition of BuildingPermit c 'g, at: 2Iov% -i' 6� 23'VA is that the debris resulting from this work shall be disposed of in a properly licensed solid waste disposal facility as defined by MGL c11 S150A. Also, note Permits are required under Fire Prevention laws:Chapter 148 Section I 0A. The debris will be disposed of in: (1-d YQQ" ttva-- (Location of Facility) Signature of Permit Applicant Fire Department Sign off: Dumpster Permit Date i I Gf eo+mions and Standar Board of Building Rev, License Construction supervisor Lic nse CS 66334 girthdate 912611956 Tr# 3960 I'I Xpttn 9126/2009 I � We5�riction N T WHEl9�N �c -� I<IERR 31 RICHM OND Comm�sswner ,I WEYMOUTH,MA 02188 ' I T own o V40RTH Andover f Nq & 9� =-� - 6 IMF- `Mdower, Mass., 0 6 COCHICHEWICK 'k. 0RATED BOARD OF HEALTH Food/Kitchen PERMIT T D Septic System BUILDING INSPECTOR THISCERTIFIES THATN&XT7...A.y4p......................................................................................... .............................. Foundation has permission to erect........................................ buildings on .......J-�. ..j.. t ....... Rough to be occupied as.......(.!N'TeWU..0..0L......... o... .... ...................... Chimney provided that the person accepting this permit shall in every respect coni*o­r!-�-io ilft-Wiernb of the application on file in Final this office, and to the provisions of the Codes and By-Laws relating to the Inspection, Alteration and Construction of Buildings in the Town of North Andover. PLUMBING INSPECTOR VIOLATION of the Zoning or Building Regulations Voids this Permit. Rough Final I IT PERM6 MONTHS ELECTRICAL INSPECTOR UNLESS CONSTRU ARTS Rough- ..................... Service BUIL OR ....... ............................................... Rough- ....... Final Occupancy Permit Required to Occupy Building GAS INSPECTOR Rough Display in a Conspicuous Place on the Premises — Do Not Remove Final No Lathing or Dry Wall To Be Done FIRE DEPARTMENT Until Inspected and Approved by the Building Inspector. Burner Street No. SEE REVERSE SIDE Smoke Det. �•"°"".� OFFICE OF BUILDING INSPECTOR t• �� TOWN OF NORTH ANDOVER CONSTRUCTION CONTROL PROJECT NUMBER: 07804.07 PROJECT TITLE: NexAmp Tenant Fit-Out PROJECT LOCATION: East Mills, High & Water Streets, North Andover NAME OF BUILDING: Building 3 NATURE OF PROJECT: Tenant Fit-Out IN ACCOgDANCE WITH ARTICLE 116 OF THE MASSACHUSETTS STATE BUILDING CODE, I, Linda miley REGISTRATION NO. 10080 BEING A REGISTERED PROFESSIONAL ENGINEERIARCHITECH HEREBY CERTIFY THAT I HAVE PREPARED OR DIRECTLY SUPERVISED THE PREPARATION OF ALL DESIGN PLANS, COMPUTATIONS AND SPECIFICATIONS CONCERNING: ENTIRE PROJECT ❑ ARCHITECTURAL ® STRUCTURAL ❑ MECHANICAL ❑ FIRE PROTECTION ❑ ELECTRICAL ❑ OTHER(SPECIFY) FOR THE ABOVE NAMED PROJECT AND THAT,TO THE BEST OF MY KNOWLEGE, SUCH PLANS, COMPUTATIONS AND SPECIFICATIONS MEET THE APPLICABLE PROVISION OF THE MASSACHUSETTS STATE BUILDING CODE,ALL ACCEPTABLE ENGINEERING PRATICES. AND APPLICABLE LAWS AND ORDINANCES FOR THE PROPOSED USE AND OCCUPANCY. I FURTHER CERTIFY THAT I SHALL PERFORM THE NECESSARY PROFESSIONAL SERVICES AND B EPRESENT ON THE CONSTRUCTION SITE ON A REGULAR AND PERIODIC BASIS TO DETERMINE THAT THE WORK IS PROCEEEDING IN ACCORDANCE WITH THE DOCUMENTS APPROVED FOR THE BUILDING PERMIT AND SHALL BE RESPONSIBLE FOR THE FOLLOWING AS SPECIFIED IN SECTION 116.0 1. Review, for conformance to the design concept,shop drawings,samples and other submittals which are submitted by the contractor in accordance with the requirements of the construction documents. 2. Review and approval of the quality control procedures for all code-required controlled materials. 3. Be present at intervals appropriate to the stage of construction to become,generally familiar witMhe progress and quality of the wont and to determine, in general, if the work is being performed in a manner consistent with the construction documents. PURSUANT TO SECTION 116.2.2 I SHALL SUBMIT WEEKLY, A PROGRESS REPORT TOGETHER WITH PERTINENT COMMENTS TO THE NORTH ANDOVER BUILDING INSPECTOR. UPON COMPLETION OF THE WORK, I SHALL SUBMIT A FINAL REPORT AS TO THE SATISFACTORY COMPLETION AND READINESS OF THE PROJECT FOR OCCUPANCY. SUBSCRIBED AND SWORN TO BEFORE ME THIS� S ATUREDAY OF 194 9100 NOTARY PUBLIC MY COMMISSION EXPIRE84ar-/(N)-b�I I BUILDERS Standard Form of Agreement between Owner and RCG Builders LLC where the basis of payment is the Cost of the Work Plus a Fee without a Guaranteed Maximum Price Date: November 19,.,2QQ7 3. Owner: RCG North Andover Mitt LLC 1'7 Iv�loo �tree�, Suite 1 QE1 r Somerville, M�'Q2143- , ti fi Contractor: RCCA Budder LLQ' 'f 7d�valoo Streetute 1 QQ x Somervflie, M ,`42'143,s x , ys Architect: ell HJJ ;Burt,: °' 3Q3 Congress Stlreet Boson, MA Q221Q Project Name: J NexAmp TPpa. SpaEe Renovations, 21 High Street, North;Andover, MA The Owner and Contractor agree to the terms stated by this contract. This contract supersedes any prior agreements, representations,or negotiations, oral or written. No liquidated damages shall apply to this agreement. This contract consists of the following documents: 1. Obligations of the Parties 2. Contract Sum 3. Project Schedule 4. Signatures Exhibits Exhibit A: Estimated Cost of Work Exhibit B: Project Schedule Exhibit C: Drawings Page 1 of 7 I. Obligations of the Parties BUILDERS Obligations of the Contractor: The Contractor accepts the relationship of trust and confidence established by this Agreement and covenants with the Owner to cooperate with the Architect and exercise the Contractor's skill and judgment in furthering the interests of the Owner; to furnish efficient business administration and supervision; to furnish at all times an adequate supply of workers and materials; and to perform the Work in an expeditious and economical manner consistent with the Owner's interests and in compliance with all applicable governmental codes and regulations. The Contractor shall keep full and detailed accounts and exercise such controls as may be necessary for proper financial management under this Contract. The Contractor shall keep full and detailed records of all books, records, permits, licenses, correspondence, receipts, instructions, data, and drawings associated with the Project including all Subcontractor contracts, invoices, vouchers, insurances, lien waivers, and other correspondence. The Owner and Owner's Accountants shall have access to review, audit, and copy all Contractor documentation. The Contractor shall retain these documents for a period of three years after final payment. The Contractor shall maintain insurance at the following levels with the Owner listed as a co- insured: Type of Insurance Limit of Liabilit Commercial General Ualal� $1',OtlO,Q000a Upon request, and at the cost of the Owner, the Contractor shall obtain a performance bond up to the total Cost of Work. Such costs shall be added to the Construction Volume. The Contractor understands that the Project will be financed by a construction lender and, then, by a permanent lender. The Owner may assign any of its rights under this Contract to the construction lender and the Contractor hereby consents to any such transfer provided no such assignment shall relieve the Owner of any of its obligations under this Contract, unless agreed to in writing by the Contractor. The Contractor shall execute any certificates, lien waivers, releases, receipts, and other documents as may be reasonably required by the construction lender or permanent lender including a subordination of its mechanic's lien rights to the construction lender's and permanent lender's mortgage or deed of trust. The construction lender for the Project will be: N/A Obligations of the Owner: The Owner agrees to furnish or approve, in a timely manner, information required by the Contractor and to make payments to the Contractor in accordance with the requirements of this Agreement. Dispute Resolution: Claims, disputes or other matters in question between the parties to this Agreement shall be resolved by mediation or by arbitration. Prior to arbitration, the parties shall endeavor to reach settlement by mediation. Page 2 of 7 I- BUILDERS 2. Contract Sum Cost of Work: The Contractor shall provide a detailed estimated Cost of Work to the Owner(see Exhibit A). The sum of these costs, including the fee is as shown below: $18;1:17 OQ=� Change Orders: The Contractor does not guarantee the Contract Sum in any form. In the event of changes to the Contract Sum, the Contractor will present written changes to the owner for costs that exceed the Contract Sum in the form of a Change Order. The Contractor will review all Subcontractor Change Orders before submittal to the Owner and Architect and make a recommendation for payment or non-payment. The Contractor's Fee will be calculated including any approved Change Orders. The Owner Architect and Contractor will negotiate otia i g to d sputed Change Orders in good faith. Contractor's Fee: 15%of total construction volume up to$1 million, and 10% of construction volume over$1 million. This includes pre-construction and project management services, and field personnel and associated management overhead. The fee is based on actual costs incurred, with final true up, and is booked monthly in arrears. Specifically, 1. The cost of pre-construction and construction management services provided by RCG personnel is booked monthly in arrears based on the hours reported by each employee. 2. Hours are billed at the standard hourly billing rate established from time-to-time for each employee. The hourly billing rates effective 1/1/2007 are shown below. 3. The cost of pre-construction and construction management services provided by independent contractors is booked when invoiced and carried within the fee. 4. RCG Builders personnel functioning as tradesmen outside their management duties will be charged according to their hourly billing rate. 5. If a project is terminated or suspended by the Owner prior to completion, RCG Builders LLC is compensated for the actual cost of services provided prior to receipt of notice of termination or suspension from the Owner. 6. Total Construction Volume includes all construction trades, general requirements, insurance, bonds and miscellaneous costs deemed necessary to perform the construction of the project, but excludes permits and fees. Permits and Fees shall be paid directly by the Owner. 7. Construction management labor, standard tools and equipment, and labor-related overhead are covered "within the fee". Specialty tools or P y 0o s equipment, trade labor supplied by Builders personnel and approved transportation and meals costs shall be charged directly to the Owner without a fee. Employee Rate David Steinber h $125/hr Skip Rose $125/hr Mike Bernier $125/hr Kieran Whelan $125/hr Ken Shea $100/hr Jason Downing $50/hr Page 3 of 7 Subcontractors: BUILDERS The Contractor plans to hire Subcontractors to perform the majority of construction associated with this project. The Contractor shall provide the Owner and Architect information on all of the bids received by Subcontractors and the names of the Subcontractors selected. Owner shall have the right to reject a proposed Subcontractor; however, in the event that this leads to a higher Cost of Work, the Owner shall pay for the difference. The Contractor reserves the right to reject any Subcontractor, even if it is the lowest bid, and to dismiss Subcontractors from the job that have been previously approved by the Owner. Payments: The Owner shall make progress payments on the Contract Sum according to the Requisition process described below. The Contractor shall, at the conclusion of each calendar month on the project, present to the Owner an application for payment(Requisition)for costs incurred during that month. The Requisition shall include all invoices, vouchers, partial releases of liens, expense reports, and any other evidence to support the validity of the Requisition amount. The Contractor may requisition for completed,:but unpaid work based on an expectation of payment upon receipt of funds. The Owner, the Architect, or their representatives shall be afforded five(5) business days to review such application and question the Contractor about its contents. In the event there are no disputes, the Owner shall pay the Contractor within 10 business days of receipt of the Requisition. Payment by the Owner does not represent that the Owner or Architect have made a detailed examination of the documentation, inspection of the work, or verification of the accounting. At the completion of the project, the Owner shall make a final payment to the Contractor based on a final COkof Work with a truing up of fees. If further corrections to work are required that are not covered under warranties with Subcontractors, or that are not the outcome of negligence or poor workmanship by the Contractor, the Owner shall pay the Contractor for any work associated with performing the corrections based on the hourly rate agreed to in this contract. Retainage:' The Owner shall not hold back any fees to the Contractor to ensure completion of the work. The Contractor will be expected to hold back fees from Subcontractors to ensure their performance based on the terms below: 10%of.biNed'Costi'ti lest-6therwise:a" rovetl b tfie Owne„f Termination of Contract: The Owner r shall r eserveh t e right gh to terminate or suspend the Contract at its sole discretion. Within 15 days of termination or suspension, the Contractor shall present an accounting of all its costs incurred for reimbursement by the Owner. If the Owner elects to proceed with the project without the Contractor, the Owner shall have the right to assume the Subcontracts and agreements related to the Project. Working Capital: RCG Builders shall not bear the costs of Working Capital for the project. If the Owner would like the Contractor to gain beneficial pricing on its behalf by paying subcontractors ahead of the Requisition schedule, the Owner shall either(1) put on deposit with the Contractor a sufficient amount of Working Capital for the Contractor to pay these Subcontractors, or(2) make immediate payment upon request from the Contractor outside of the normal Requisition process. Provision of Working Capital shall entitle the provider to all discounts and savings associated with that capital. Page 4 of 7 I Project Schedule BUILDERS Date of Commencement: _ The Contract Time shall be measured from the date of commencement. 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. Novembe7,'20QT'or such time that Natcat�orr to ProceedJs°` iven b Owner Contract Time: The Contractor shall provide to the Owner a Project Schedule(see Exhibit B). This Schedule is based on assumptions reached prior to the signing of this contract, which assumptions the Contractor shall attempt to clarify in the Schedule. However, the Schedule always assumes the Owner and the Architect respond prompt) to requests for information an Y q d do not request an significant changes to the construction program. In the event that the Owner or Architect find any discrepancies with the Schedule or its Assumptions, they will promptly notify the Contractor, who shall make adjustments to the Schedule as necessary. According.to the attached Schedule, the Contractor shall achieve Substantial Completion of the entire Work as follows: Date,af SubttarttWE: OMP 000 o be.ria Fater ll an,becemt er,31;;200� The Contractor does not guarantee the date of completion. However, the Contractor shall not be entitled to additional fees based on delays in the project unless those delays can be shown to incur extra costs for the Contractor and were caused by the actions or requests of the Owner or Architect. The Contractor shall present an updated Project Schedule to the Owner and Architect on a weekly basis for their review. Page 5 of 7 ' Y BUILDERS 4. Signatures The Owner's representative is: Davidlternbergh Manager RCG North AndoYer Millis_LLC c/o RCG LLC 17 hraloo Street, ^aiuite 100 Somerv!h.0_lW41102143 I § 14.4 The Contractor's representative is: Ervvin,Rose,Sr t Nice President RCG Builders LLE,„ 17 Iva(oo Street;Suite 100 Sonieirrrile 1!! A<021: This agreement is entered into as of the day and year first written above and is executed in at least thre original copies, one for the Owner, one for the Contractor, and one for the Architect. Owner Contractor Si nat re Signature tJ Pt S LLC- Printed Name and TWO Printed Name and Title Page 6 of 7 1 a aroyyyp- :° s a' Exhibits BUILDERS Exhibit A: Estimated Cost of Work Exhibit B: Drawing Page 7 of 7 NexAmp Tenant Fit-Out BUILDERS 21 High Street North Andover, MA SCHEDULE OF VALUES 19-Nov-07 Spec Section Description Estimated Amount 02050 Demolition $500.00 06400 Millwork $700.00 08080 Doors and Windows 09250 :Gypsum board - $525.00 $6,575.00 09680 Carpet $3,402.00 09900 Painting $1,500.00 11400 ;Food Service Equipment $550.00 15300 ;fire Protection $0.00 15400 ;Plumbing $1,185.00 15500 HVAC $750.00 16160 Electrical $2,430.00 TOTAL PROJECT VALUE: $18,117.00 Permit Rate: 1.2% PERMIT FEE: $217.00 I Z I 3 4 lk .��.1u7�( i. C, BDr C.V—Str Sm FI— B ."W14 i i .51742]460 ...... .... .. .:......4 _t:.... .� FAX ;617M= F— �� Ti BUTLER PA QEVELNO.OH FNI UOE SKOCH.UFHA FA ATA TABHINGTGNPOC EL. ® r - Sw " ..:'.:. ...... ( CEIRER LIIJEOFTH IQ:CIXIMJ L K ........ 1 .. 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