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HomeMy WebLinkAboutBuilding Permit #309 - 224 CARLTON LANE 11/3/2008 r10RTM BUILDING PERMIT o�sAOR Fi TOWN OF NORTH ANDOVER APPLICATION FOR PLAN EXAMINATION Permit NO: Date Received �s*�'RToo �SSACHUS�� Date Issued: 111 �k IMPORTANT: Applicant must complete all items on this page LOCATIONt�CNelr H A P•n PROPERTY OWNER Gid Q dnt MAP.NO: Zd PARCEL: ZONING DISTRICT: Historic District yes no Machine Shop Village yes no v i TYPE OF IMPROVEMENT PROPOSED USE Reside ' Non- Residential New Building ne famil Add' ' o or more family Industrial Iteration No. of units: Commercial air, replacement Assessory Bldg Others: Demolition Other Septic WeilFloodplain Wetlands Watershed District Water/Sewer DESCRIPTION OF WORK TO BE PREFORMED: Identification P ase Type or Prin Clearly) OWNER: Name: �z , Phone Address: �Z- Carl Or dN °LX H A CQNTRACTORiName: e A. ( Phone i Address: �d f�f Q�J _ Supervisor's Construction.License: �> Exp. Date. Home.improvement License: ARCHITECT/ENGINEER Phone: Address: Reg. No. 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: $ Check No.: � "I b Receipt No.: NOTE: Persons contracting with unregistered contractors do not have access to the guaranty fund signature of Agent/Owner Signature of contractor - . - ,_ - :� - .... .. . ... .... . . . ;. I - -r-. -+.. -" ^�r.�. �. � s-,fie ' �/��t // r { i No. Date // ..� ' . . "°�'"04, 0 TOWN OF NORTH ANDOVER M1 F s1 .5 a - ' # #e certificate C rtificate of Occupancy $ SS'�CNUSEt Building/Frame Permit Fee $ = Foundation Permit Fee $ Other Permit Fee a° TOTAL $ �� -----= Check # ©��� "y. �F, I — , r 21655 m Bui ding inspector 4., �. _ __ .. .. .-.., _ 1._ - .:. .. .. .._ ._::.' 1. _ 1. . - . . . . ._ . . ':_, . . - . . . .. . - . . ._.... . ... .. ... . .... .. ". '._.... ' . . - . . . .: . _ r_ .. . _ ..._ .. ....�: .. _ - - -t --. 1. — i... _. .:. .. ...... ... -.%... -. ..-. . .... ... n- .-' �+ --,..,.. _ - - - . - - 1. .. 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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 CONSERVATION Reviewed on Signature COMMENTS HEALTH Reviewed on Signature OOMMENTS Zoning Board of Appeals: Variance, Petition No: Zoning Decision/receipt submitted yes Planning Board Decision: Comments Conservation Decision: Comments Water & Sewer Connection/Signature & Date Driveway Permit DPW Town Engineer: Signature: Located 384 Osgood Street :FIRE DEPARTMENT -Temp Dumpster. onsite yes 'no Located:at 124..Matn Street Fire Department signature/date COMMENTS Dimension Number of Stories: Total square feet of floor area, based on Exterior dimensions. Total land area, sq. ft.: 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 Doc.Building Permit Revised 2008 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 Doc:INSPECTIONAL SERVICES DEPARTMENT:BPFORM07 Revised 2.2008 s The Commonwealth of Massachusetts Department of Industrial Accidents 31; ; 1 Office of Investigations K1 4111 1 600 Washington Street 31 Stas 1 111 I Boston, MA 02111 www•Mass.gov/dia Workers' Compensation Insurance Affidavit: Builders/Contractors/Electricians/Plumbers Applicant Information _ Please Print Legibly Name (Business/Organization/Individual): Address: u) 4LJ4 City/StatelZip: , V 36 hone #: �I `I�� — 3 Are you an employer?Check the appropriate box: J Type of project(required): 1.❑ I an a employer with 4. ❑ I am a general contractor and I employees(full and/or part-time).* have hired the sub-contractors 6. �[]VNeconstruction 2 m a sole proprietor or partner- listed on the attached sheet. 7• ode,ing ship and have no employees These sub-contractors have 8. ❑ Demolition working for mein any capacity. workers' comp. insurance. [No workers' comp. insurance 5. ❑ We are a corporation and its 9' Building addition required.] officers have exercised.their 10:7 Electrical repairs or additions 3.❑ I am a homeowner doing all work right of exemption per MGL 1 I.❑ 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' comp. insurance required.] 13.0 Other *Any applicant that checks box#I must also fill out the section below showing their workers'compensation policy information. Homeowners who subntii.khis a�i�davit indicating they are doing Gel ct;:rk a.acf Then ire'outside contractors must submit anew affidavit indicating such. $Contractors that checl:this box must attached an additional sheet showing the name of the sub-contractors and their workers'comp.policy information. I am ann employer that is providing workers'compensation insurance for my employees. Below is information the policy and job site Insurance Company Name: Policy#or Self4s. Lic.#: Expiration Date: Job Site Address: 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 her y under the pains and a es of perju'Y that the information provided ove is true and correct. Signature: Date: I ZD O 0 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#• Information and Instructions Massachusetts General Laws chapter 152 requires all employers to provide workers compensation for their employees. 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-contractors)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 be 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 permit/license number which will be used as a reference number. In addition,an applicant that must submit multiple permittlicense 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, please do not hesitate to give us a call. The Department's address,telephone and fax number: The Commonwealth of Massachusetts Department of Industrial Accidents. Office of Investigations 600 Washington Street Boston, MA G21 I I Tel. # 617-727-4900 ext 406 or 1-877-MASSAFE Fax 4 617-727-7749 Revised 5-26=05 w,mass.gov/dia � I 5e Bofd"'o f Building Regula ions and Standards One Ashburton Place - Room 1301 Boston, Massachusetts 02108 Home Improvement Contractor Registration Registration: 124592 Type: DBA McNeil Builders Expiration: 7/23/2009 Tri/ 132053 Mike McNeil 69 OLD BRIDGE LN EPPING, NH 03042 _. i IS-CAI 0 50M-04/05-PC8698 Update._A�ddress and return card.Mark reason for change. - Address 0 Renewal 0 Employment Lost Card k �n ei�avaa•�ii�aelld !' '' i - y; ieo�d of B ld1 oaiiil��udands 1 8 g htx i 4 00-35,000 of enclosed space ConstrucbbnStptprl'rsbor Ltcrnse ; 1A-Masonry only f 1G-1 2 Family Homes tc LiC - CS 6654: t I' B;irXhtl,, 1/nT _ 2/19fi.8 Failure to possess a current edition of the t _ OD9 Ti* 8.2 IT t ` Massachusetts State Building Code "j g� IQ i AGREEMENT MCNEIL BUILDERS LLC GENERAL CONTRACTOR 69 Olde Bridge Lane Epping,NH 03042 (781)944-4315 and(603)432-0172 Job No: 200824 NAME Eric and Ann Whalley Homeowner(s) 224 Carlton Lane North Andover,MA (617)230.4492 PROJECT ADDRESS CITY/STATE ZIP PHONE Same ALTERNATE ADDRESS(IF ANY) CITY/STATE ZIP PHONE McNeil Builders LLC,hereinafter called"Contractor"agrees to provide the following described construction in accordance with plans and specifications as may be referred to herein by reference,upon the following described property: Work performed at 224 Carlton Lane,North Andover.Massachusetts (Street Address and Legal Description If Known) Description of Work: Demolition 1. Remove all storm windows,sashes,stops,runners and hardware from twenty-four(24)older windows 2. All waits in older windows will be removed 3. All new wait pockets will be insulated 4. Window openings will be vacuumed clean prior to new window installation New Windows 1. Twenty-four(24)windows will be Harvey Classic,double hung,fully welded; Options may include: low-e argon glass, 1/2 screens,Polyurethane foam-filled frame and sash,tilt and wash with other features to include: *beveled master frame for trouble-free installation *3 1/4"jamb depth *7/8"Intercept®Warm-Edge Glazing *Block&Tackle balance system *Locking balf-screen with extruded frame and fiberglass wire *Improved lower profile locks *Double locks on windows with opening widths of 30-1/4"and greater *Aluminum reinforcing in meeting rail widths of 30-1/4"and greater *Vinyl header expander *Adjustable vinyl sill expander *Mulled units have one-piece head expander *WARRANTY: Lifetime Limited Transferable 20-years on Insulating glass InitiIs: _ omeowner *All windows will have grids *All windows will be insulated and existing trim will be reinstalled to include a bead of white caulking Debris 1. McNeil Builders will supply a dumpster if needed and will remove all debris associated with this particular job 2. Dumpster to be utilized by McNeil Builders only Permits 1. McNeil Builders will supply permits excluding hearings 2. Any extras will be discussed between Michael McNeil and Homeowner only and will be agreed upon in writing and paid for in full prior to materials being ordered and/or installed 3. McNeil Builders will require access for concrete trucks and/or excavators and/or heavy machinery (not applicable) 4. Any ledge work for excavation is not included in this price or agreement(not applicable) 5. Any existing plumbing and/or electrical in area of site work found to be not up to code by inspector will be homeowners'responsibility unless contracted within this Agreement(not applicable) 6. Any unforeseen rot and/or boards needing replacement not included in this Agreement unless outlined 7. No responsibility is assumed by McNeil Builders for moving of utility wires or any upgrades on fuse panel (not applicable) SCOPE OF WORK: All work necessary or incidental to complete work for the project in strict accordance with this Agreement and all terms and conditions hereof and as more particularly specified as(in): With the following additions or deletions: n/a at this time OTHER SPECIAL PROJECTS: n/a at this time PAYMENT: Homeowner(s),Eric and Ann Whalley,agree(s)to pay McNeil Builders,LLC for the satisfactory performance of work in the total sum of Nine Thousand Seven Hundred Four Dollars and Sixteen Cents ($9,704.16)in accordance with the following terms and conditions: 1st Payment in the amount of$4,852.08 due at time of signing of proposal allows McNeil Builders to order stock,begin demolition and begin installation of windows 2nd and Final Payment in the amount of$4,852.08 due at completion of job TIME AND SCHEDULING WORK: Contractor shall not deliver any materials to the jobsite or commence work until notified to do so by Homeowner. Contractor shall commence work within TBD days after notice from Homeowner. After Contractor commences work,Contractor will then complete the work within approximately TBD working days thereafter,subject to excusable delays. Working days are defined as Monday through Friday, inclusive,holidays excluded. Scheduling of work,as provided for in this Agreement,is based on acceptable indus- try standards. The contract provision for price and time included herein shall be void at the option of the Contractor,if Contractor is not called upon to commence work within thirty(30)days from the date of signing of this Agreement. Should this situation arise,Contractor is relieved from any responsibility to perform under this Agreement and shall be held harmless by Homeowner of any liability associated with refusal to perform. Any amounts that are not paid when due shall bear interest at a rate of 1 1/2% per month until paid or the maximum rate permitted by law, whichever is higher. Initi9YR�Vmeowner I SOLE AGREEMENT: This Agreement,including all terms and conditions hereof,is expressly agreed to and constitutes the entire Agreement as of this date. No other Agreement or understandings,verbal or written, expressed or implied,are a part of this Agreement unless specified herein. IN WITNESS HEREOF the parties have accepted this Agreement this 1st day of September,2008. CONTRACTOR: HOMEOWNER(S): MCNEIL BUILDERS LLC eAtt kNom General Contractors Erif Whalley By: Al wymmd Michael McNeil Ann Whalley In is omeowner TERMS AND CONDITIONS 1. Asbestos and Hazardous Materials. Asbestos or other hazardous materi- then Homeowner shall grant Contractor a reasonable extension of time. If addi- als disturbance,removal or abatement is not provided for by the terms of this tional work or cost is required of,or incurred by,Contractor as a result of the delay, subcontract and in the event that asbestos or other hazardous material is then Contractor shall be entitled to compensation as called for in Paragraph 11. encountered or disturbed in order to complete this project,it will be treated as 10. Contractor's Responsibilities and OSHA Requirements. Water,sewer,gas extra work under Paragraph 11 of this Agreement. Contractor may stop work and electric utilities from the serving agency to the point of entry at Homeowner's upon discovering asbestos or other hazardous material,until the terms of the property line,or the metering devices are required and are the responsibility of the "extra"are negotiated. Contractor,at Contractor's sole option,can require Homeowner. Owner to be responsible for the removal or abatement of asbestos or any In compliance with Federal and State law,Homeowner agrees to make drinking other hazardous materials found on the job site. water and toilet facilities available to all workers,or compensate Contractor for cost 2. Arbitration,Validity and Damages. Any controversy or claim arising of rental units. out of or related to this contract,or the breach thereof,shall be settled by Homeowner agrees to provide electricity at the job site to effect the work herein. arbitration in accordance with the Construction Industry Arbitration Rules of Homeowner shall provide adequate job site storage and work area as required for the American Arbitration Association,and judgment upon the award rendered the convenience and use of Contractor for work under this Agreement. by the Arbitrators)may be entered in any court having jurisdiction thereof. Homeowner agrees to comply with all local,state and national laws,including Claims within the monetary limit of the Small Claims Court shall be litigated without limitation the provisions of the Accident and Safety Health Act of 1970 and in such court at the request of either party. Any claim filed in Small Claims the Construction Safety Act of 1969,and Contractor is not responsible for any Court shall not be deemed to be a waiver of the right to arbitrate,and if a liability caused by the Homeowner's noncompliance. counter claim in excess of the jurisdiction of the Small Claims Court may be 11. Extra Work Contractor shall provide in a good and workmanlike manner only filed in Municipal or Superior Court,then the party filing in the Small Claims that labor and materials specified herein. Additional work not specified in this Court may demand arbitration pursuant to this paragraph. Agreement will be provided only upon written authorization of Contractor. How- In case one or more of the provisions of this Agreement or any application ever,in the event that the parties cannot agree on the sum necessary to compensate thereof shall be invalid,unenforceable or illegal,the validity,enforceability Contractor for the extra work,then Contractor shall be paid his actual costs or the and legality of the remaining provisions and other application shall not in any additional labor and material as well as his normal overhead and profit. way be impaired thereby. For any extra work performed,Contractor shall be compensated in an amount to be ANY DAMAGES FOR WHICH SUBCONTRACTOR MAY BE LIABLE determined prior to the extra work being ordered and/or installed and payments shall TO OWNER OR CONTRACTOR SHALL NOT,IN ANY EVENT EX- be made in addition to payments contained in the schedule of payments contained in CEED THE CASH PRICE OF THIS AGREEMENT. this Agreement. In the event that an emergency exists,then Contractor may proceed 3. Reservation of Rights of Dispute. In the event that the homeowner is upon the verbal authorization of the Homeowner and written confirmation of the required to,or deems it appropriate,to proceed with and complete any work verbal authorization will be given within seventy-two(72)hours. which is the subject of a dispute between the Contractor and the homeowner 12 Assignment and Subcontracting. Contractor will be allowed to assign any as to whether such work should be classified as a"change"or as an"extra", work under this Agreement or subcontract any portion of it without the consent of Contractor may,if it deems it appropriate,but is not required to,proceed with the Homeowner. such work,and thereafter or contemporaneously,file for arbitration in actor- 13. Protection of Work To the extent noted herein,Contractor will protect its dance with the Construction Industry Rules of the American Arbitration own work until completion and acceptance of his work. To allow Contractor to Association,to determine whether such work is in fact a"change"or an protect the work,Homeowner shall provide to Contractor adequate storage space "extra"without waiving any said rights,as well as determining the effect of and security on the construction site. the extra. If Contractor's work is damaged or destroyed during the course of Contractor's 4. Attorney Fees. In the event legal action or arbitration is instituted for the work and said damage or destruction is a result of the negligence of Homeowner, enforcement of any term or condition of this Agreement,the prevailing party then Contractor shall agree to repair or replace said damaged work at the cost of the shall be entitled to an award of reasonable attorney fees in said action or Homeowner. If the work is damaged or destroyed as a result of actions beyond the arbitration,in addition to costs and reasonable expenses incurred in the prose- reasonable control of the Homeowner or through the negligence of persons other cution or defense of said action or arbitration. than Homeowner,then Contractor shall repair or replace said damaged or destroyed 5. Removal of Debris. Upon completion of the work,the Contractor agrees work but will do so only upon being compensated for same. Compensation shall be to remove all of its own debris and surplus materials from Homeowner's treated as extra work and the compensation shall be as outlined in paragraph 11. property and leave said property in a neat and broom-clean condition. Con- 14. Concealed Conditions. In the event that Contractor encounters rock,ground- tractor will not accept any charges for any prorated proportion of general water,underground structures,utilities or other conditions unknown to Contractor clean-up of the premise,nor will be responsible for the disposal of central and not reasonably foreseeable by Contractor,then Contractor shall immediately scrap piles. stop work and call Homeowner's attention to such concealed conditions in writing. 6. Failure to Make Payments. If Homeowner fails to make the scheduled The time and price will be equitably adjusted in writing. progress payments as defined in"Schedule ofPayments,",then Contractor 15. Insurance. Homeowner will procure at Homeowner's expense and before has the absolute option to cease the performance of any further work until commencement of any work under this contract,fire insurance,with course of such time said payment is made. If said payment is more than ten(10)work- construction,vandalism and malicious mischief clauses attached. The insurance is ing days late,Contractor may treat said lateness as a material breach of this to name Contractor as additional insured,and to protect Contractor and Subcontrac- Agreement and justifiably refuse to complete the balance of this contract. tors,and construction lender as their interests may appear. Should Homeowner fail Contractor may then institute arbitration proceeding as described herein for to do so,Contractor may procure to do so. If the project is destroyed or damaged by any and all damage incurred including but not limited to lost profits. any accident,disaster,or calamity such as fire,storm flood,landslide,subsidence,or 7. Retention. Homeowner is not authorized to withhold retention from earthquake,or by theft or vandalism,any work done by Contractor in rebuilding or Contractor only to the extent that Homeowner withholds funds from Contrac- restoring the project shall be paid for by the Homeowner as an extra and shall be for for the work not yet performed by Contractor. In no event shall Home- dealt with under the provisions of Paragraph 11 above. If,however,the estimated owner withhold payments due Contractor as outlined in this Agreement. All cost of replacement of work already accomplished by Contractor exceeds twenty retentions must be paid to Contractor within thirty(30)days of the date the (20)percent of the contract price. Homeowner shall have the option to cancel this Contractor substantially completes all work. contract and,in that event,shall pay Contractor and Subcontractors usual overhead 8. Items Not Responsibility of Subcontractor. Unless specifically included of all work performed by Contractor before cancellation. in the Agreement,Contractor shall not be held responsible for any existing 16. Indemnification. Homeowner shall indemnify and hold harmless Contractor- violations of applicable building regulations or ordinances,whether cited by from and against any and all claims arising from Contractor's use of the job site,or the appropriate authority or not. Contractor is not responsible for any abnor- from the conduct of Contractor's business or from any activity,work or things done, mal conditions by Homeowner and shall be considered additional work and permitted or suffered by Homeowner or others in or about the job site or elsewhere, shall be dealt with as herein provided under Paragraph I 1 for extra work. 9. Excusable Delays. If the Contractor is delayed in the performance of the work by conditions that could not be reasonably foreseen by Contractor or out of the reasonable control of Contractor,which include,but are not limited to actions taken by Homeowner,acts of God;fire;explosions or other casualty losses,strikes,boycotts or other labor disputes;lockouts;hazardous material disturbance,abatement,or removal;and acts of government body, Initials. a owner TERMS AND CONDITIONS(continued) and shall further indemnify and hold harmless Contractor from and 23. Guarantee against any and all claims arising from any breach or default in the Unless otherwise specified,Contractor guarantees that all materials performance of any obligation on the Homeowner's part to be per- fabricated or famished by Contractor will be a standard quality,free formed under the terms of this Agreement,or arising from any breach from defects,and will be installed or applied in a good and work- or default in the performance of any obligation on the Homeowner's manlike manner. Such labor and materials guaranteed for a period of part to be performed under the terms of the Agreement,or arising from one-year when subject to normal use and care,and provided Home- any negligence of the Homeowner any of Homeowner's agents,or owner has complied in full with payments and all terms and conditions employees,and from and against all costs,attorney's fees,expenses of this contract. Specified assemblies or units purchased by Contractor and liabilities incurred in the defense of any such claims or any action which are included in this Agreement are provided subject to the or proceeding brought thereon;and in case any action or proceeding be manufacturer's or distributor's guarantee or warranty and not that of brought against Contractor by reason or any such claim. Homeowner, Contractor. THIS IS IN LIEU OF ALL GUARANTEES upon notice from Contractor shall defend same at Homeowner's ex- EXPRESSED OR IMPLIED. pense by counsel satisfactory to Contractor. 24. Clean Up 17. Permits and Licenses Contractor agrees to keep the premises in a neat and safe condition and Contractor shall obtain and shall pay for all permits and licenses gov- at the end of Contractor's performance,Contractor shall leave the eming the Contractor's specific work in sufficient time to allow unin- premises in neat,broom-clean condition. terrupted progress of this work and that of others,excluding hearings. 25. Arbitration 18. Extra Work If at any time any controversy shall arise between Contractor and Contractor shall provide in a good and workmanlike manner only that Homeowner with respect to any matter in question arising out of,or labor and materials specified herein. Additional work not specified in related to,this Agreement or the breach thereof,which the parties do this Agreement will be provided only upon written authorization of not properly adjust and determine,said controversy shall be decided by Contractor and Homeowner. Payment for such additional work shall arbitration administered by and in accordance with the Construction be provided in accordance with the Terms and Payment specified Industry Arbitration Rules of the American Arbitration Association herein. In the event that there are unit prices for the original scope of then obtaining unless the parties mutually agree otherwise. This work or the extra work,then the extra work shall be at an identical unit Agreement so to arbitrate shall be specifically enforceable under the price to the original scope of work. prevailing arbitration law. The award rendered by the arbitrators shall In the event of an emergency condition,the General Contractor's job be final,and judgment may be entered upon it in any court having supervisor may authorize the extra work. In any event,a signed jurisdiction thereof. Administrative fees as described by the American change order covering the emergency work shall be executed by the Arbitration Association shall be advanced one half by each party. parties within 48 hours after the extra work is completed. However,in the event that the dispute between the parties is less than 19. Labor and Material Releases $5,000.00,then either party may choose to litigate the matter in the Contractor shall provide satisfactory proof of payment in the form of Small Claims Courts and the agreement to arbitrate shall not be bind- labor and material releases covering work for each payment applied ing. The prevailing party in any dispute shall be entitled to its reason- for and received from Homeowner only at request. Such releases able costs including attorney's fees. provided by Contractor are only valid and conditioned upon receipt by Contractor of lawful U.S.currency for full amount of said payment. 20. Extra Time Time is of the essence of this Agreement. Contractor agrees to start work within a timely fashion and proper notification by the Home- owner and to diligently pursue work through to completion. Contrac- tor shall not be responsible for delays incurred as a result of acts of neglect or omission of Homeowner,Homeowner's employees or agent,other subcontractors,acts of God,stormy or inclement weather, strikes,lockouts,boycotts,or other union activities,extra work ordered by Homeowner,acts of public enemy,riots or civil commotion,inabil- ity to secure material through regular recognized channels,imposition of government priority or allocation of materials,failure of Home- owner to provide payments when due,or delays caused by inspections, or changes ordered by the inspectors of governmental bodies con- cerned,or other causes beyond control of Contractor. 21. Insurance Contractor shall carry,at Contractor's expense,liability insurance covering all Contractor's employees. Prior to the commencement of work,if requested,Contractor agrees to provide to Homeowner a certificate of such coverage. Contractor agrees to maintain said insur- ance in full force and effect during the construction herein. 22. Work Stoppage Contractor shall have the right to stop work if payments are not made when due. If the work shall be stopped under an order of any court or other authority,or by Owner,for a period of sixty(60)days,without the fault of the Contractor,then Contractor may,at the Contractor's option,upon five(5)days written notice,demand and receive payment for all work executed and material supplied including an amount for overhead and profit,proportionate to the work completed. Initial : Aeowner ` NORT#q T0VVn of And No. 3 0 _ o '� dover, Mass. f f COCMICMEWICK A. ORATED P? -`C5 `s BOARD OF HEALTH PERMIT T D Food/Kitchen Septic System /� /�� J BUILDING INSPECTOR THIS CERTIFIES THAT......... t l...(.........1�'�..�.4. 1 ) 7........... - .1................6?�1'17T:IY. ... ...................................................,......... Foundation has permission to erect........................................ buildings on .........> ...Y. 4 ......................... Rough y J� r to be occupied as .G .... � � .. V....... x��'<.�IUI '........................................... Chimney provided that the person accepting this permit shall in every respect conform to the terms of the application on file in Final this office, and to the provisions of the Codes and By-Laws relating to the Inspection, Alteration and Construction of Buildings in the Town of North Andover. PLUMBING INSPECTOR VIOLATION of the Zoning or Building Regulations Voids this Permit. Rough Final PERMIT EXPIRES IN 6 MONTHS ELECTRICAL INSPECTOR UNLESS CONSTRUCTION STARTS A 0. Rough ................................. Service BUILDING INSPECTOR Final Occupancy Permit Required to Occupy Building GAS INSPECTOR Rough Display in a Conspicuous Place on the Premises — Do Not Remove Final No Lathing or Dry Wall To Be Done FIRE DEPARTMENT Until Inspected and Approved by the Building Inspector. Burner Street No. SEE REVERSE SIDE Smoke Det.