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HomeMy WebLinkAboutBuilding Permit #398-2011 - 21 HIGH STREET 11/10/2010 BUILDING-PERMIT 0Ft"o pT" O TOWN OF NORTH ANDOVER - a ..� APPLICATION FOR PLAN EXAMINATION Permit NO: ° Date Received rED Date Issued: I ORTANT:Applicant must complete all items on this page - - - at'-�lt:� --a(:• _ ,:_','::!t�.-t t�5,'3 .24y -'� :.1 ..:t;^' ,C°: 7'�.4 l.. _ •_JE?r:!>.>l.ti �,j%Si _ _ _ ,n`.��_ Y Y1.`.• ,..%�. .t. �.:, L if:'rsV.rl.r L•:.� v � .....n-r•,)._rr. - - _ - - ✓_�,.t, �:.-.i ti--�•.'•z 7-. .�, �ihr��_'a•'v - :,:t^..i�'2'. a�^s- .S{..,_�.J.A•:S - .:i:1��;.:: �..+�"C':(":J:.._,,.-.�. :r:1.,-�.r�c':Zl 't.-:•:•/.. �kS - i2 �.::/. -,.I - --.-,:r+!a!'tl.•'_cx..-,'.r _ - 1�1.:•ir;•. '.�. 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Rf>;. ..;�.:s'L;� -3•u&t,- yr,. l� y ,."t•'7r�n�^rr'e '�isr� �',-�-c'>;ki�”�{ �?c.:(�3, "••!:'�,"� .:�;1 �--u,� YR,.S 1� t )y. a� :yk{,��+,a'�},'i 1 r c 1 'ti f z•,eGt-„e,�a:s :Pl. �1.�.« x.t- .t r i�.,S, -r i ,�@ 7� ff j:Y C- `{z �� �i•..-tr„� •�7��>"�^� ,ar � .;��_�tt�-u-�7cx?':f� :.c <s• .!,•xSC sJ � •;:i�' (�2 f�...r.'��,�' �rs►���I!'r...>,�Ild��e„y'w4, �. �rc�,� iyr ^,'�=n y _.-rir: .�. t`-i=•zt- �)?Tt,.i. k,': '�_ t`,:t7r �.-sF�. ?ti 'i:•::•�Gs`.. s"t-,`:'. e_ .J,�':= TYPE OF IMPROVEMENT PROPOSED USE Residential Non- Residential New Building One family Addition Two or more.family Industrial eration No. of units: Commercial a epalr, replacement Assessory Bldg Others: Demolition Other `�'�5...+ ( ''r'�'•`'e�` .c45•�r' �”7&'` d m. •�.J•J. (N d;a L .f�. <' "Ls. ���t1a :w����`' � �- '�� i�p�r... ,�'� � a v r2_.-.•-x � -ak�iz'i-'�'s'{” �t.,.-k@_' �L w,; 'f ,r•�.,� ,z,,,$ 4' y v.•. .�y�.�,v�, f"i 7T�4,6� :��f.�r°' ,s �a. '2 a.?„_ y,.�-�' � 'r �.+�� i'u �L 3r r. i�-w`� �� -J• 7���sK-<1c�^•.'�r Id,-+)kms•{ � T-•{�, �gS..Gt�"� 4" 6C�� F= �(.r��^,S=T�}"2'� d��•r �... ,X` "'(�firiJP:r,� 'C 'IwM,.) aa'.,4��5�.1'W�IYY:�i� {*� sTcsi'*s.`LT�S�,.�...r1�,4"I - h�'�`'e`i�;i'•Tr_F_ .tel r t4Tf'fr �.��.s_ •s�--n,��::�r-ur5�st�:`,Y�,.=v.r-� a s � ,.1`:-- m t;�.i;'!}.i"�t'^1 rl ;..rw. '� l..rn..!f 3S•rn,.,y:.-.. ,,,,.. 'T.;4 ,.:} 1. I;s.-.�an!.jsu"_ _n,e" Y`l. DESCRIPTION OF WORK TO BE PREFORMED: Identification PIease Type or Print CIearly) OWNER: Name: b *c's\ T � � Phone: ��s kz Address: �� c�� \ O D - m _ t :n?-.. _Yrh:�.•�,.;�:F: ;'k"�':4_,< ,.. .:.;•Sia=+ti.�:. ^W3:�::- •":+v_`.��,i;i�;' - _-,:1`ii; .�Y,�,:I. •r-. - :2•, :�d,:.� „., Sa:_ _•%,.tL'_ .:.•{-r--7..Ja=a.c''a',f4.9 ?x.,._r P'i• .fir.- 5S'AP^:.'" ,,«., - `. .{�_,"'k`Y',-ae'L-1''%��.�`• _ rim`i- ^,,, ( =rr�'�-Y,�ra a: aye w:.:a"Sr. l•. ..FI Via. ,z,G..t+ �� ..,y�-�1yyP •-c. e,.s,,w;,�.w;�x^1'y 1�'•F•+t, ''t'-- `. .y'�s 2 ���5.-. W `,•9Y{ HVt9 ,�. � a^^.ca T..,�."!°a+.o�= /.� :Gn+�C'� wc��.c�� 'm•f:-r-a�"y L�r`�4.'7^Y' S r'�•L"� 'motif-+,.u'�?','`� '�ti. �c -. 1-?x. ,;� `z`q's ''4:» r'•'�;.c^r.• r�'� m�.e"`�v:, '"--ir=�C �T4"".3'r"', moi' .6" i` "••• .F ..�`=' m- n 1 _ r•,"r p.,,�`_,A .nc �• - a, r ,zl , t°'�` ,Iz�'°�,f�"�:t,,��y ��',- .�, h- G'' _y(� is - _ L • -Yv���f.. .�� { ar�s n.� f� ., "�� ', flnr � S'1}L4':.—. _:. ti 1 N L �v arae ar , ,,,� ;+,u•.;,,.,;rr� � ��,:n-• s �,•-^'Fr.� i 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 • �I THE FOLLOWING SECTIONS FOR OFFICE USE ONLY INTERDEPARTMENTAL SIGN OFF - U FORM DATE REJECTED DATE APPROVED I PLANNING &.DEVELOPMENT � COMMENTS CONSERVATION Reviewed on Sigriature ' � I HEALTH Reviewed on Signature j COMMENTS Zoning Board of Appeals: Variance, Petition No: Zoning Decision/receipt submitted yes Planning Board Decision: Comments 'Conservation Decision: Comments Water& Sewer Connection/Signature Date Driveway Permit DPW Town Engineer: Signatiire: Located 384 Qs ood Street - >:�:_ Da.r zpster� ��t•�-�.�e:�:� :�,." 'A TWE ME ^a =ovate• - r:= - - :�1;:,.2-.;::::• _ �.. f-�2�'�lain- tree{{..• - - <� - -:r�T - :� :::�„-:.{.>._�r..:,•.. _ ,f__,-.,: - '.j:7i-• moi•:; 411,m n1 X51'. —'is G.•_ — i� - t:-�.._._._.... .....:. ..rpt. •_ .:•_ _ ......... ...... _.. _.. 1. .. .. .. - - �:T'JI'.....,;:�:;. I:Y:I' - Dimension Number of Stories: Total square feet of floor area, based on Exterior dimensions. Total land area, sq. ft.: ELECTRICAL: Movement of Meter location, mast or service drop requires approval of Electrical Inspector Yes No DANGER ZONE LITERATURE: Yes No MGL Chapter 166 Section 21A—F and G min.$100-$1000 fine NOTES and DATA— (For department use) ❑ Notified for pickup - Date 1 Doc.Building Permit Revised 2010 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 t, ❑ Certified Surveyed Plot Plan ❑ Workers Comp Affidavit ❑ Photo Copy of H.I.C. And C.S.L. Licenses ❑ Copy Of Contract o Floor/Crossection/Elevation Plan Of Proposed Work With Sprinkler Plan And Hydraulic Calculations (If Applicable) i . ❑ " ass check- ner9YCom fiance Report ort (If Applicable) C ❑ 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 ❑ Ceifled Proposed Plat 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 Doc:Building Permit Revised 2008 _T_ -- — Location No.��;,f-il D// Date NORTH TOWN OF NORTH ANDOVER 3?0'�,�,o I•�'ho 0 9 � y �e Certificate of Occupancy $ .«mss:.. ,• . s' MUS t� Building/Frame Permit Fee $ Foundation Permit Fee $ Other Permit Fee $ TOTAL $ Check # 00fZe0o 23677 Building Inspector Location No. J �2 Date ~ 40RT" TOWN OF NORTH ANDOVER ??0'1•`10 I•,�� 0 a Certificate of Occupancy $ �0 ; Building/Frame/Frame Permit Fee $ S cNuse 9 Foundation Permit Fee $ Other Permit.Fee $ TOTAL $ Check # 00 /1?0 23bG ; Building Inspector i t � M�sS4C NU 4r CERTIFICATE OF USE & OCCUPANCY TOWN OF NORTH ANDOVER Building Permit Number 398-2011 Date: December 20, 2010 THIS CERTIFIES THAT THE BUILDING LOCATED ON 21 High Street, Suite 403, North Andover, MA 01845 . New England League of Middle Schools MAY BE OCCUPIED AS tenant fit-up IN ACCORDANCE WITH THE PROVISIONS OF THE MASSACHUSETTS STATE BUILDING CODE AND SUCH OTHER REGULATIONS AS MAY APPLY. Certificate Issued to: RCG North Andover Mills,LLC 21 High Street North Andover,MA 01845 Building Inspector Fee: 100.00 Receipt: 23 803 t NORTH TONMof 6Andover o - � d.over, Mass., a LAK COCHICHEWICK 7�AORA TED P �CC:) I S J BOARD OF HEALTH Food/Kitchen PERMIT T D Septic System THIS CERTIFIES THAT A :••�••••�•'`••� FoundatinDING INSPECTOR ......... ................................................................. . ... ............................................. BUILDING has permission to erect.................:...................... buildings on /.../ ��. .-5 ........... u�....F.........��.a.. ...... Rough / �i o t0 be occupied as ...rn• ` C/H ° Chimney p ........... .............. .............. . ............ ......... ...y........ .. G /s provided that the person accepting this permit shafl in every spect conform to the terms of the application on file In nal this office, and to the provisions of the Codes and By-Laws relating to the Inspection, Alteration and Construction of i G� Buildings in the Town of North Andover. PLUMBING INSPECTOR VIOLATION of the Zoning or Building Regulations Voids this Permit. Rough Final PERMIT EXPIRES IN 6 MONTHS ELECTRICAL INSPECTOR UNLESS CONSTRUCTIONT TS ;, tet, i/z-/�-ry 9 Service BUILDING INSPECTOR Occupancy Permit Required to Occupy Building GAS INSPECTO 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. a 4 /1 Smoke D SEE REVERSE SIDE t ' it KHALSA DESIGN INCORPORATED Architects & Engineers 17 Ivaloo Street, Suite 400, Somerville, MA 02143 p.617-591-8682 /f. 617-591-2086 3 w� C.. ARCHITECTURAL FINAL AFFIDAVIT December,16, 2010 City of North Andover, Inspectional Services Department North Andover, Massachusetts RE: Suite 403, New England League of Middle Schools, Tenant Fitout, East Mill, 21 High Street, Building Permit#398-2011, issued 11-10-10 North Andover, Massachusetts Khalsa Design Inc. has visited the above referenced project during the construction period, and has provided construction related services in conformance with the Massachusetts State Building Code, Controlled Construction Section, 780 CMR §116.0. 1 verify, that to the best of my knowledge, information and belief, that the building has been constructed in substantial conformance with the construction documents for the project. The detection of, or the failure to detect, deficiencies or defects in the construction during review . by this office does not relieve the contractor or its subcontractors of their responsibility to correct all deficiencies or defects, whether detected or undetected, in all parts of the work, and to otherwise comply with all requirements of the Construction Documents. Sincerely Yours, arD AR �yl N N 0 -' No.6042 W CAMBRIDGE GE Jy Jai h Khalsa ARB o,L�FgCTH OFMP55P`' Mass Registration Seal#6042 Then personally appeared above named Jai Singh Khalsa made oath that the statement made by him is true. Notary P lic Name Commission Expires'- NORTH ovm 0 •.� 6Andover 1 _ dover, Mass., A COC MICICME WICK ORATED P'P � �qS U BOARD OF HEALTH PFood/Kitchen ERMI Septic System BUILDING INSPECTOR 6-. NlYlf 141u414,- Mi THIS CERTIFIES THAT ............ ........................................... Foundation ..................................... . ..... buildings on � ......."l. ........................................... e,7) Rough has permission to erect........ �•��• • ........................... . . c�ctJ �`/�iy f� ! (/� 0 iC�VI � an Chimney to be occupied as.... Z........................ ........... . � ......`.. ................................. provided that the person accepting this permit sh I in every sect conform to the terms of the applicatioh on file in Final this office, and to the provisions of the Codes and By-Laws relating to the Inspection, Alteration and Construction of PLUMBING INSPECTOR Buildings in the Town of North Andover. Rough VIOLATION of the Zoning or Building Regulations Voids this Permit. - Final PERMIT EXPIRES IN 6 MONTHS ELECTRICAL INSPECTOR UNLESS CONSTRUCTION T TS Rough .......................... Service BUILDING INSPECTOR Final Occupancy Permit Required to Occupy Building GAS INSPECTOR Rough Display in a Conspicuous Place on the Premises — Do Not Remove Final No Lathing or Dry Wall To Be Done FIRE DEPARTMENT Until Inspected and Approved by the Building Inspector. Burner. Street No. Smoke Det. SREVERSE SIDE EE Permit Affidavit Project Number: Suite 403 —TENANT FITOUT Project Title: EAST MILL Project Location: East Mill North Andover Name of Building: 21 High Street, North Andover Nature of Project: Commercial Tenant Fitout In accordance with section 116.0 of the Massachusetts State Building Code, I Jai Singh Khalsa Registration No. 6042 being a Registered Professional Engineer/Architect hereby certify that I will prepare or directly supervise the preparation of all design plans, computations and specifications concerning: Entire Project HVAC Plumbing Fire Protection Electrical Other(Specify) =u1mgg For the above named project and that, to the best of my knowledgd specifications meet the applicable provisions of the Massachus , ll acceptable engineering practicesand applicable laws and ordinances for the proposed use and occupancy. I further certify that I shall perform the necessary professional services and be present on the construction site on a regular and periodic basis to determine that the work is proceeding in accordance with the documents approved for the building permit and shall be responsible for the following as specified in section 116.2.2: 1. Review of shop drawings, samples and other submittals of the contractor as required by the construction contract documents as submitted for building permit, and approval for conformance to the design concept. 2. Review and approval of the quality control procedures for all code required controlled materials. 3. Special architectural or engineering professional inspection of critical construction components requiring controlled materials or construction specified in the accepted engineering practice standard listed in Appendix B. Pursuant to section 116.2,3 1 shall submit periodically, a progress report together with pertinent comments to the North Andover Building Inspector. Upon completion of the work, I shall subm' report as to the satisfactory completion and readiness of the project for occupancy. ED ARC/Y/�, ivy'y GH Ky'� �N 60 J o C Mss Z �s 11/08/10 Signature and St p p y Date yALT H OE SPS ay of 20 i u , e, the undersigned notary public, personally appeared -s-A& (name of document signer), proved to me through satisfactory evidence of identification, which were V4� Ab ME , to be the person whose name is signed on the preceding or attached document, and acknowledged to me that he/she signed it voluntarily for its' stated purpose. Sara E.Addieg ` Notary ober 2h oP"{ b/`,b'uxhu �YCommissi72011 on Expires My commission expires , NOTARY PUBLIC Department of Industrial Accidents Office of Investigations 600 Washington Street Boston,MA 02111 www.mass.gov/dia Workers' Compensation Insurance Affidavit: Builders/Contractors/Electricians/Plumbers Applicant Information Please Print Legibly 9 Name (Business/Organization/Individual): L 6— C_ Address: I qUri&_ ( 0 City/State/Zip: .S o M6)-Aj 1 �l„e er�y4 Phone #: Are you an employer?Check the appropriate box: Type of project(required): 1. I am a employer with 4. ❑ I am a general contractor and 1 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. + ❑ Remodeling ship and have no employees These sub-contractors have 8. ❑ Demolition workingfor me in an capacity. workers' comp. insurance. Y P ty 9. E] Building addition [No workers' comp. insurance 5. ❑ We are a corporation and its officers have exercised their ME] Electrical repairs or additions required.] 3.❑ I am a homeowner doing all work right of exemption per MGL l l.❑ Plumbing repairs or additions myself. [No workers' comp. c. 152, §1(4),and we have no 12.❑ Roof repairs insurance required.]t employees. [No workers' 13.0 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. lContractors that check this box must attached an additional sheet showing the name of the sub-contractors and their workers'comp.policy information. I am an employer that is providing workers'compensation insurance for my employees. Below is the policy and job site information. Insurance Company Name: C C3 Q �\�05, nN C,�- 1 Policy#or Self-ins. Lic.#: W W 3 u # 9 -1 2 Expiration Date: Job Site Address: °�' lvVl�� 1 'V' d City/State/Zip: �� . R int O V J-0_-_�'- 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 cernfy under the pains and penalties of perjury that the information provided above is true and correct: Si nature: Date: 6 Phone#: Official use only. Do not write in this area,to be completed by city or town official City or Town: Permit/License# Issuing Authority(circle one): 1. Board of Health 2.Building Department 3. City/Town Clerk 4.Electrical Inspector 5. Plumbing Inspector 6. Other Contact Person: Phone#: PRODUCER THIS CERTIFICATE IS ISSUED ASA MATTER OF INFORMATION INSURANCE MARKETING AGENCIES ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE 1 306 MAIN STREET HOLDER.THIS CERTIFICATE DOES NOT AMEND,EXTEND OR WORCESTER,MA 01608 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. 508 753-7233 INSURERS AFFORDING COVERAGE NAIC# INSURED RCG LLC INSURER&- Wesco Insurance Company 25011 INSURER B: 17 Ivaloo Street,Suite 100 INSURER c Somerville,MA 02143-3656 INSURER D: INSURER E-- COVERAGES 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. L NATE(1109001M TYPE OF INSURANCE POLICY NUMBER DPOLK Y EFFECTIVE POLI MM DIM LIMITS GENERAL LIABILITY EACH OCCURRENCE $ COMMERCIAL GENERAL LIABILITY DAMAGE TO RENTED ISES(FA ogaguenoal $ CLAIMS MADE ❑OCCUR MED EXP(Arty one person) S - PERSONAL&ADV INJURY $ GENERAL AGGREGATE $ GEWL AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OP AGG $ POLICY PRO--CT LOC AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ ANY AUTO (Ea aoodent) ALL OWNED AUTOS BODILY INJURY $ SCHEDULED AUTOS (Per Per-n) 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 S HEXCC ESS/UYBRELLA LIABILITY EACH OCCURRENCE $ OCCUR FICLAIMS MADE AGGREGATE $ $ DEDUCTIBLE $ RETENTION $ $ A WORKERS COMPENSATION AND W WC3010833 05/15110 05115/11 X OR sTATU LIMITS I I ER EMPLOYERS'LIABILITY E.L.EACH ACCIDENT $500,000 ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICERRIEMBER EXCLUDED? YES E.L.DISEASE-EA EMPLOYEE $500,000 If yes,describe under SPECIAL PROVISIONS below E.L.DISEASE-POLICY LIMIT $500,000 OTHER DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS CERTIFICATE HOLDER CANCELLATION 10 Days for Non-Payment SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION FOR INFORMATIONAL PURPOSES DATE THEREOF,THE ISSUING INSURER WILL ENDEAVOR TO MAIL _20_ DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,BUT FAILURE TO 00 SO S14ALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER,ITS AGENTS OR REPRESENTATIVES_ AUTHORIZED REPRESENTATIVE ACORD 25(2001/08)1 of 2 #S1888391M188838 GCE 0 ACORD CORPORATION 1988 ° ��m�m##2Dep « so # m¢nf P � « . akllc �� ( � 4 St da \\ : �o����n au . . . �� o p rvls� U e « trlkl� k . . Z . , ;. ¥ERANK WRELAN a1mC§#ON§Sf WEYkpQ� . . kA 02188, � .y, p » _�� . . � � ��\ Expiration\s/ � g . 0 r# 312 Standard Form of Agreement between Owner and RCG LLC where the basis of payment is the Cost of the Work Plus a Fee without a Guaranteed Maximum Price Date: November'3, 2010 Owner: RCG, North Andover Mills LLC 6/6 ,R,CGLLC 17 Ivaloo Street, Suite 100 Somerville, MA'02143 i ; Contractor: RCG LLC 17 Ivaloo Street, Suite 100 Somerville, MA 42143 vAw _ Architect: '"alsa DOM9n Project Name: New England League of Middle Schools 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 6 ♦ 1 1. Obligations of the Parties 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 Liability Commercial General Liability $1,;000,000.00 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: 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. I I Page 2 of 6 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: $15,381.25 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 disputed 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 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 Kieran Whelan $125/hr Jason Downing $50/hr Subcontractors: 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 Page 3 of 6 I s 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 Cost of 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 billed costs, unless otherwise approved b the Owner Termination of Contract: The Owner shall reserve the right 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 6 3. Project Schedule 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. November 8,2090 or such time that Notificatiou to Proceed 4,given by 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 promptly to requests for information and do not request any 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 of Substantial Completion to be:no Tater than December 15, 2010 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 6 .r 4. Signatures The Owner's representative is: David Steinbergh, Manager RCG North Andover Mills LLC 17 Ivaloo Street, Suite 100 Somerville, MA 02143 § 14.4 The Contractor's representative is: Kieran Whelan Construction::Supervisor RCG LLC 17 Ivaloo Street, Suite 100. Somerville, MA 02143 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 Signatu { ignature V;d 1 I h 6- K'I3-rhXr,.j 1 Printed Name and Title U Printed Name and Title Page 6 of 6 A . f. New England League of Middle Schools 1,500 sf Schedule of Values Item Cost Demolition $1,500.00 Sitework $0.00 Dumpsters $525.00 Misc. Building materials $1,200.00 Windows $0.00 Metals $0.00 Frame& Insulate $1,200.00 Tape/Prime/Paint $2,000.00 Flooring $3,000.00 Vinyl base $300.00 Kitchen Cabinetry $0.00 Plumbing $0.00 Electrical $3,500.00 Sprinklers $0.00 HVAC $0.00 Final clean $150.00 Sub-total $13,375.00 RCG Builders fee $2,006.25 Total $15,381.25 Plus Building Permit $192.00 Total Construction _ $15,573.25