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Building Permit #561 - 235 CANDLESTICK ROAD 4/1/2008
BUILDING PERMIT Nt-ro I Oftt�au �6q�G TOWN OF NORTH ANDOVER F - APPLICATION FOR PLAN EXAMINATION * ,� 4A�A LPPy y Permit NO: `� Date Received �q Areo t� SSACHUS� Date Issued: ' IMPORTANT: Applicant must complete all items on this page LOCATION c;"— cclvj/e7l��1_ r( Print -PROPERTY OWNER 4--)0hrS Prin MAP NO: PARCEL: ZONING.DISTRICT: Historic District yes no Machine Shop Village yes no f 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 Well Floodplain.. Wetlands Watershed District Watef/Sewer rESCRIPTION F WORK TO BE PREFORMED;, 11V.1, Da� VL ��rfAeL f Identification P1e a Type or P t Clearly) /i J OWNER: Name: �� // ''� �t / Phone: f (l, Address: )3,r�G� J (� Z 61 4- CAONTRACTOR ;Name.. ) ���' /' cl`0`^ Phone: - [ _ L f �= Address: *2- P g . = D Supervisor's Construction License d -� �� _ Exp. :Date: . ' _ Home .Improvement Lic ense: _. Exp. :Pate;. A ARCHITECT ENGIN ER h '� }��+ Phone: l � 36c) Address: Reg. No. FEE SCHEDULE:BOLDING PERMIT:$12.00 PER$1000.00 OF THE TOTAL ESTIMATED COST BASED ON$125.00 PER S.F. Total Project Cost: $ FEE: $ � � Check No.: Z� Receipt No.: ( 013 NOTE: Persons contracting withAuegisteread contractors do not have access to the styfund - Signature of.Agent/Owner a: Si nature_of.contractor' N Location Cq .�.� i No. Date i TOWN OF NORTH ANDOVER �? 'so . w 9 • s �, ; • Certificate of Occupancy $ C14„SE<� Building/Frame Permit Fee $ Foundation Permit Fee $ 4 Other Permit Fee $ TOTAL $ Check # 2 + 036 F Building Inspector 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 PLANNING & DEVELOPMENT COMMENTS CONSERVATION Reviewed on Signature COMMENTS I HEALTH Reviewed on Signature COMMENTS Zoning Board of Appeals: Variance, Petition No: Zoning Decision/receipt submitted yes Planning Board Decision: Comments Conservation Decision: Comments Water & Sewer Connection/Signature&Date Driveway Permit DPW Town Engineer: Signature: Located 384 Osgood Street 'FIRE .DEP_ARTMENT -°Temp'Dumpster_ on yes no Located at 1.24 Win Street Fire Department signature/date Dimension Number of Stories: Total square feet of floor area, based on Exterior dimensions. Total land area, sq. ft.: i ELECTRICAL: Movement of Meter location, mast or service drop requires approval of Electrical Inspector Yes No DANGER ZONE LITERATURE: Yes No MGL Chapter 166 Section 21A—F and G min.$100-$1000 fine NOTES and DATA— (For department use ❑ Notified for pickup - Date Doc.Building Permit Revised 2008 T I � Building Department The following is a list of the required forms to be filled out for the appropriate permit to be obtained. p p I Roofing, Siding, Interior Rehabilitation Permits ❑ Building Permit Application ❑ Workers Comp Affidavit , ❑ Photo Copy Of H.I.C. And/Or C.S.L. Licenses ❑ Copy of Contract ; ❑ Floor Plan Or Proposed Interior Work ❑ Engineering Affidavits for Engineered products OTE: All dumpster permits require sign off from Fire Department prior to issuance of Bldg Permit Addition Or Decks ❑ Building Permit Application ❑ Certified Surveyed Plot Plan ❑ Workers Comp Affidavit ❑ 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) I ❑ Mass check Energy Compliance Report (If Applicable) ❑ Engineering Affidavits for Engineered products JTE: 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 o 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 ITE: All dumpster permits require sign off from Fire Department prior to issuance of Bldg Permit n all cases if a variance or special permit was required the Town Clerks office must stamp the decision from the Board of Appeals iat the appeal period is over. The applicant must then et this recorded at the Registry g st of Deeds. One co and r g rY proof of rec lust be submitted with the building application PY P ording Doc:INSPECTIONAL SERVICES DEPARTMENT:BPFORM07 Revised 2.2008 1 C1 File Fdit @uild Qptions 3D Q,AD Tools 1Ldmdow tielp _ o� X Select Items � ®� I IE-CIT i I Full Basement level. This is a main beam supportede by lally columns I I I I ; � - - - - - -- - - - - - - - - - - - - - - - - - - - - - _ � I i r Fireplace brick work t 1 I l extends up thru fam I I room and then thru 1 roof 1 I I Garage 't - �This represents the proposed m i— — — — cosec wells 2 fkwrs up — — — — — — — — — — — — —— — — — — — Vt } Select Items Floor:1 Layer:0 "CAD DEFAULT LAYER" The Commonwealth of Massachusetts Department ofIndustrial Accidents Office ofInvestigations Y L 600 Wtishinvon Street .Boston, MA 02111 www.mass.gov/dia Workers' Compensation Insurance Affidavit: Builders/Contractors/E[ectricans/piumbers A licant Iaformation 11,10 Please Print LeAl Name usiness/Or ' •on/Inaividual : �_ . . ter, �' Address: . City/State/Zip: Phone.#: Are you an employer?Check the appropriate box: 1.❑ I am a employer with�= 4. (] I am a generalcontractor and I Type of project(required. e land full and/or art-time , have hired the sub-contractors 5 y " ( P ) '� 6. ❑New construction 2 I am a sole proprietor or partner_ listed on the attached sheet.' 7. p and have uo employees These sub-contractors have Remodeling . working for in any capacity. employees and have workers' g' ❑Demolition o workers' comp.insurance comp. msvrance.# 19• [3 Building-addition 3.❑ required J . 5. We are a corporation and its 10.0 Electrical repairs or additions I am a homeowner doing all work officers have exercised their myself [No workers' comp. right of:Pt'on per MGL 11'0'Plumbing repairs or additions insurance required.]t c. 152 § 12-M Roof r airsand we bade no ePeyo workers' 13.❑ Other comp. ince required.] *Any applicant that checks box#I must also fill out the section below showing the workers' t Hoa.�v aers who subrmt this affidavit indicating they are doing all work and th=hire outside cont?_o�musubmi�new affidavit indicating such. +Contractors that check this box must attached mi additional sheet showing the narne of the sub-contractors and state whether or not those entities have employees. If the sub-contractors.have employees,they must provide their won comP•Pohcynumber. I am.an employer that is providing workers'compensation insurance f r my employees. Below is thepolicy.and job site information. Insurance Company Name: A w Gtc�CJ �✓' Q �` Policy#or Self-ins.Lic.#: 8 2Expiration Date: Job Site Address: ✓ .Cam L' n / � � OZ City/State/Zip: � .�/G? QtJQ�' Attach a copy of the workers' compensation policy declaration page(showing the policy number and expiration date).d1S r cJ Failure to secure coverage as required under Section 25A of MGL c. 152 can lead to the ' ) fine up to$1,500.00 and/or one-year imprisonment, as well as civil imposition of criminal penalties of a of up to$250.00 a day against the violator..Be advised that a c penalties in the form of a STOP WORK ORDER and a fine Investigations of the DIA for insurance covers a verification. oPY of statement may be forwarded to the Office of Ido hereby certify under the sins penalties of perjury that the information provided ove is true and correct Si' atur`e: Date: Q Phone 14: — Official•.use only. Do not write in this area, in be co leted b � comp y city or town official City or Towa: Permit(License# Issuing Authority(circle one): 1.Board of Health 2.Building Department 3.City/Town Clerk 4.Elec 6. Other trical Inspector 5.Plumbing Inspector 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 p=rson in the service of another under any contract of hire, express or implied,oral or written." An employgr is defined as"an individual,partnership,association, corporation or other legal entity,of 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 o•r other legal entity, employing employees. However the owner of a dwelling house having not more than three aparttnents 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,opera'te-a business or to construct buildings in the commonwealth for any applicant who has not produced acceptable evidence of co mplianee with the insurance coverage required." Additionally,MGL ohapter 1f2,§25C( )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-conttactor(s)namc(s), address(es) and phone number(§)along with their certificate(s)of insurance. Limited Liability Companies(LLC) or Limited Liability Partnerships(LLP)with no employees other thn 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 maybe submitted to the Department of Industrial Accidents for confirmation of insurance covera e: Also be sure tore to and g sign date the affidavit The affidavit should be returned to the city or town that the application for the pemzut 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 numb=listed below. Self-insured companies should.enter their self-insurance license number on the appropriateline. City or Town.Officials Please be sure that the affidavit is complete and printed legrbly. 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 sureio fill in the permit/license number which will be used as a reference number. In addition,an applicant that must submit multiple permit/license applications m 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 peiiaits or licenses. A new affidavit must be filled out each year.Where a home owner or citizen is obtaining a license of permit not related-to any business or commercial venture (Le. 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 DePari Ment.Qf Industrial Accidents Ogee of Inveesti pt ons 600 Washin&• Street Boston,MA 02111 Tel.#617-727-49M ext_ W or 1-877 IvMASSAFE Fax # 617-727-7749 Revised 11-22-06 wwW.M&3Lgoy/dia CC) i i i RED TAIL CONSTRUCTION CONTRACT PROPOSAL Prepared for: Doris and Bill Barrett 235 Candlestick Road North Andover, MA. 01845 3/9/2008 Contract Proposal - Page 1 of 13 • r Doris and Bill Barrett 235 Candlestick Road North Andover, MA 01845 Dear Doris and Bill We are pleased to offer for your consideration the following proposal for the construction of your project.For ease of reference,this proposal is divided into the following sections: Section I Contract/Proposal Business conditions Section II Contract/Proposal Construction Contract Section III Attached Booklet I Specifications of the job The description of the proposed project contains precise, but understandable specifications(Section III)of the items which are included in your project.The specifications form the heart of any construction CONTRACT and weaskthatyou reviewthem carefully.IF IT IS NOT SPECIFIED IT IS NOT INCLUDED IN THE SCOPE OF THIS PROPOSAL. The business section gives you the general conditions of the work and site, the anticipated start and completion dates, the price of the project with the payment schedule as well as any allowances. The legal section expresses the general conditions of the CONTRACT and specifies the responsibilities of the contractor and the owner. I The item identifier i.e.GN01001,is shown in the specifications for ease of identification of each and every item we have included in this proposal. Remodeling work can be confusing and complex; however, hopefully this format will facilitate your review of our proposal to insure we have included all your wishes. i I We are pleased to have the opportunity to prepare this proposal for your consideration. I will be happy to answer any questions you might have on any aspect of this CONTRACT proposal at your convenience.Red Tail Construction is dedicated to providing the highest level of customer service in the industry.We look forward to working you on your project. Sincerely, Steve McCullough—Owner �I I� i I 3/9/2008 Contract Proposal- Page 2 of 13 I Section I of the Contract/Proposal fo r Doris and Bill Barrett Business Conditions I BUSINESS CONDITIONS TO THIS CONSTRUCTION CONTRACT This Contract, dated 3/9/08 is by and between: Doris and Bill Barrett 235 Candlestick Road North Andover MA 01 4 8 5referred to as OWNER n ( ), and Red Tail Construction 733 North Turnpike Street Unit 192 North Andover, MA.01845 (978)2734397 (Hereafter referred to as CONTRACTOR). Work will be performed at: 235 Candlestick Road North Andover, MA 01845(Hereafter referred to as PROPERTY) 1. GENERAL This CONTRACT is for the following work and materials to be performed by the CONTRACTOR on the PROPERTY address shown above. The project is generally described as follows: Frame in and Install a new Master Chet and a new Master Bathroom off of the existing master bedroom(Hereafter referred to as WORK). The CONTRACT consists of this document, any plans, the specifications, and the Construction Contract.(Hereafter collectively referred to as the"CONTRACT') 2. PRICE The totalrice for the WORK agreed upon is$71 101.00. Payment terms p 9 po ym e s are set out below in Paragraph 6. 3. STARTING AND COMPLETION PROVISIONS The WORK will begin approAmately during the 4th week of March 2008 and will be completed,absent unusual or unforeseen circumstances, late in the 4th week May 2008 (it is reasonable for Red Tail to complete the scope of work prior to this time line) providing this CONTRACT and any related CONTRACT documents are accepted when presented.The aforementioned dates reflect our present workload. Projects are assigned a slot in our work schedule as they are accepted, on a first come first served basis.These dates may move based on the completion time of the project that immediate) receded J immediately Yours. 4.APPLICABLE CODES: COMPLIANCE WITH LOCAL LAW a.All work to be done under this CONTRACT will be in accordance with local, state and county building code. b. All home improvement contractors/subcontractors working in the state of Massachusetts must be licensed and registered by the Bureau of Building Regulations and Standards. All inquiries concerning the CONTRACTOR should be transmitted to that office. In Massachusetts Red Tail Construction operates under License number CS094338 and Registration#155649. 5.SPECIFIC REQUIREMENTS FOR MATERIALS AND WORKMANSHIP a. This CONTRACT will be completed by the CONTRACTOR in a good and workmanlike manner,using quality materials. b. If applicable, the CONTRACT price includes the following allowances: See allowances under specifications. 3/9/2008 Contract Proposal- Page 4 of 13 M f ill i I 6. PAYMENT a. Timely payment by the OWNER of all sums due under this CONTRACT is of the essence to this CONTRACT. The parties agree to the following schedule of payments: fQ lVV Upon Signing this Contract $9,400.00 Start of Installation of the new exterior sheathing of Master Closet $8,100.00 Start of blue board installation in new closet $6,700.00 Start of final coat of Poly-finish on closet floors $8,700.00 Start of Installing Cement board walls of new shower area—Master Bath $9,800.00 Start of Installing New Tub $9,800.00 Start of Frameless Glass Templating $8,400.00 1 Start of Finish Trim in Master Bath $6,630.00 Substantially Complete $2,000.00 Completion of Punch List $1,571.00 c. Included in the overall contract amount are the following ALLOWANCES: Allowances for the following materials are as follows: New Tub $3,100 Tub Faucetry and Drain $280 ! Shower Head, Faucet, Drain, Hand Rail $740 Toilet $550 Vanity Cabinet $1,500 Full Heiaht Linen Cabinet $1,400 Vanity Solid Surface Tops $1,300 Vanity Sinks plus Faucetry $860 Master Bath Accessories, Medicine cabinets/Mirrors $500 Master Bath Floor Tiles, Tub Cradle Tiles, Shower Wall and Floor Tiles-plus all Grout $1,700 Frameless Glass Enclosure $2,900 d.The CONTRACTOR may cease operations if any payment is not made by the OWNER as required herein, and proceed to collect any balance due through any remedy provided by law. Payments are due when the aforementioned progress milestones have been reached. It is understood that minor adjustments to the payments schedule may be necessary due to the flow of work or delays beyond the control of the CONTRACTOR. e. Should the owner of Red Tail become deceased or incapacitated then the customer will be entitled to a reimbursement of arty unspent monies related to this contract;the customer will have no further obligations to continue with this contract and it will become will become null and void. f. DEFINITIONS I Substantially complete-The space or project is substantially complete when the space or project can be used for its intended purpose and only punch list items remain. Punch list-Work or product that has not been performed or provided. Warranty item-A product or service that has been provided or performed that does not meet or exceed industry standards. THESE CONDITIONS MUST BE ACCOMPANIED BY THE CONSTRUCTION CONTRACT I 3/9/2008 Contract Proposal- Page 5 of 13 i So men 11f Constructuion Contract of the Contract/Proposal for I Boris and Barrest 3/9/2008 Contract Proposal- Page 6 of 13 i i CONSTRUCTION CONTRACT ` This Contract is by and between: I Doris and Bill Barrett hereafter referred to as "OWNER", and Red Tail as the "CONTRACTOR" for work at 235 Candlestick Road North Andover, MA 01845 1. CONTRACTOR'S DUTIES--GENERAL a.To direct and control the work contracted for in accordance with the terms of this CONTRACT and all applicable codes, laws, and regulations, and as the building permits issued for this project, if any, require. b. To inspect the site, examine the plans and specifications, if any, and supervise all of CONTRACTOR's employees, and to direct the work of all subcontractors selected by CONTRACTOR. c.To maintain the work site in a safe and clean condition, to the extent consistent with the CONTRACT. i I d.To advise the OWNER promptly if concealed conditions are ascertained which require additional or different work,and to proceed in such event in accordance with this CONTRACT. e.To provide locked storage for any equipment, tools, or other PROPERTY used in the performance of this CONTRACT, unless otherwise agreed in writing. 2.OWNER'S DUTIES--GENERAL a. To provide adequate utilities for the work agreed upon. b.To advise the CONTRACTOR of any condition of the PROPERTY which affects CONTRACTOR's ability to perform. c. To provide secure storage areas for materials delivered to the work site. d. OWNER shall be entitled to make periodic inspections of the work site, provided such inspections do not interfere with the work and can, in the judgment of the CONTRACTOR, be made safely. Any other entry onto the construction site shall be at OWNER's risk. e. OWNER shall notify his insurance agent of the execution of this agreement and obtain any necessary riders to his current coverage or any locally customary forms of coverage, such as builder's risk, to cover OWNER's interests and liabilities during the construction process. f.To perform no work on the project without a written agreement with the CONTRACTOR. g.To make no agreements with any trades person, subcontractor,or CONTRACTOR'S employees outside the scope of this CONTRACT without the written consent of the CONTRACTOR. 3. MATERIAL SUBSTITUTION CONTRACTOR reserves the right to substitute other materials, products and/or labor of equal or superior quality, utility, or similar color. 3/9/2008 Contract Proposal- Page 7 of 13 i 4. DELAY CONTRACTOR shall not be responsible for delays caused by events beyond the control of the CONTRACTOR, including but not limited to: strikes, war, acts of God, riots, governmental regulations and restrictions. Delays caused by OWNER's failure to make allowance materials selections or caused by the performance by CONTRACTOR of extras or necessary work (as described in Paragraph 6)shall likewise be excusable delays. & INSURANCE CONTRACTOR agrees to maintain all necessary forms of insurance to protect the OWNER from liability for any occurrence arising from the performance of this Contract. CONTRACTOR agrees that he shall cover his own employees for worker's compensation and carry general liability insurance, and that all forms of insurance referenced herein shall be with reputable companies licensed to do business in the state where the project is located. 6. HIDDEN. CONCEALED and UNFORESEEN CONDITIONS a. The parties agree that in the event CONTRACTOR discovers a hidden, concealed or unforeseen condition requiring an extra cost that they shall proceed as follows:The CONTRACTOR shall notify the OWNER verbally to expedite agreement as to any charge necessary to correct or cure such condition, and provide a written Work Order (as described in paragraph 7a) as soon as practicable. The parties must agree to such extra charges, or agree to a resolution method,or this CONTRACT may be cancelled by either of them. b. For purposes of this section, a "hidden, concealed and unforeseeable condition" shall mean a condition not readily observable to a prudent CONTRACTOR inspecting the subject PROPERTY for the purpose of performing this Contract. Examples of such conditions can include, but are not limited to; rot under siding; ledge below grade; pre-existing plumbing or electrical work not performed to code and pre-existing mold. c. Any change in the WORK required by building officials assigned to this project, including structural and/or any environmental hazards will be billed as an EXTRA charge to this CONTRACT and paid for by the OWNER as a Work Order.CONTRACTOR may cease operations if OWNER refuses to pay 7. EXTRAS a. Any extra work or materials desired by the OWNER shall be agreed upon in writing and such extras shall become a part of this CONTRACT as if fully set forth herein. Unless otherwise agreed, extra work shall be paid for as performed. Failure of the OWNER to sign a change order shall not preclude recovery for any work performed by CONTRACTOR, and acceptance of said extra work or materials shall be presumed, unless there is written notice to the contrary. b. CONTRACTOR shall advise OWNER, at the time of agreement on an extra, as to any additional time required to perform this CONTRACT. 8. ESCALATION CONTRACTOR reserves the right to pass on additional costs to OWNER resulting from the escalation of the cost of lumber or lumber byproducts. This cost may be passed on only, if after the CONTRACT is signed but before the construction commences, an increase in lumber costs is experienced. The CONTRACTOR must substantiate the change with evidence of the difference between lumber costs at the time of the CONTRACT and lumber costs at the time of construction. Only direct cost differences may be passed on, no allowances for overhead and profit shall be included.Any additional costs will be collected per Work Order(as described in paragraph 7a.). 3/9/2008 Contract Proposal -Page 8 of 13 I ,, 9. EXCESS MATERIALS ON SITE CONTRACTOR routinely stores extra materials on site to improve efficiency and reduce the likelihood of running out of stock in the middle of a task. Unless otherwise specified in writing all excess materials on site at the end of the project are the PROPERTY of CONTRACTOR. 10.SUBCONTRACTORS a. CONTRACTOR shall select subcontractors as required to complete this CONTRACT. OWNER acknowledges that subcontractors will do various portions of the work. Any subcontractor selected by the CONTRACTOR shall have all requisite licenses for the work to be done by such subcontractor. b. It shall be the duty of the CONTRACTOR to use reasonable care in the selection of subcontractors. Absent objectionable performance by any subcontractor, the selection of subcontractors shall be an exclusive right of the CONTRACTOR. The CONTRACTOR shall require all subcontractors to have workman's compensation and liability insurance in force. c. CONTRACTOR shall pay subcontractors in a timely manner and obtain from subcontractors any necessary documentation required to release their liens, if any, as the work proceeds. 11.TERMINATION AND CANCELLATION The CONTRACTOR may terminate and cancel this CONTRACT if any payment called for hereunder is not received as scheduled, provided that notice is given to the OWNER as provided below. Upon such termination, the CONTRACTOR shall have all remedies provided by law,including such lien rights as then apply. The OWNER may terminate this CONTRACT upon the following conditions: a. Failure of the CONTRACTOR, or his subcontractors, to pursue the work contracted for, absent excusable delay, as provided in Paragraph 4 above, for a continuous period of fourteen (14) days, without a written agreement permitting same,such agreement may be satisfied by a single notation to this CONTRACT. b. Failure of the CONTRACTOR to rectify any condition for which building code enforcement authority has issued a citation of violation notice, within fourteen (14) days notice of such violation, unless OWNER and CONTRACTOR otherwise agree. c.Any other failure to perform this CONTRACT required by the terms of this CONTRACT. d. No termination shall be effective unless 10 days notice of OWNER's intent isiven as required below, during g q , du ng which time the default may be cured by the CONTRACTOR. e. Deposit monies- Cancellation of this CONTRACTrior to the commencement of work k shall result in the forfeiture of any and all deposit monies collected. All deposits are non-refundable. The parties hereby agree that upon such cancellation, the CONTRACTOR shall suffer damages including but not limited to the cost associated with designing and preparing the project for commencement. f. You may cancel this agreement by observing the requirements of The Notice of cancellation you have received. 3/9/2008 Contract Proposal - Page 9 of 13 I g. If a dispute arises out of or is related to this Contract, or the breach thereof, the parties shall endeavor to settle the dispute first through direct discussions. If the dispute cannot be settled though direct discussions, the parties agree the dispute shall be settled by arbitration administered by the American Arbitration Association under its Construction Industry Arbitration Rules. In the event that arbitration is necessary, the parties agree that arbitration proceedings shall be conducted by a mutually agreed on arbitrator in Middlesex county, Massachusetts. If the parties cannot agree on an arbitrator, either party may file a written demand for arbitration in accordance with the rules of the American Arbitration Association. The arbitration award shall be final and judgment on the award may be entered in any court having jurisdiction thereof. This CONTRACT shall be governed and interpreted in accordance with the laws of the State of Massachusetts. Either party may, without waiving any remedy under this CONTRACT, seek from any court having jurisdiction any interim or provisional relief that is necessary to protect the rights or PROPERTY of that party, including but not limited to the right to seek liens or attachment. The prevailing party in any dispute arising out of or relating to this CONTRACT or its breach that is resolved by a binding dispute resolution process shall be entitled to recover from other party reasonable attorneys' fees, costs and expenses incurred by the prevailing party in connection with such dispute resolution process. Consumers in Massachusetts shall be required to submit to such arbitratio as provided in MGL c. 142A. Doris and Bill Barrett Steve McCullough—Owner Red Tail Construction Notice: The signature of the parties above constitutes an acknowledgement of the agreement between the parties to alternative dispute resolution. Massachusetts consumers may have the right to initiate alternative dispute resolution even where this section is not signed by the parties. h. Unless otherwise agreed in writing, CONTRACTOR shall continue the WORK and maintain the agreed work schedule i during any dispute resolution proceedings. If CONTRACTOR continues to perform, Owner shall continue to make payments in accordance with this Contract. 12. ENVIRONMENTAL HAZARDS a. The CONTRACTOR is NOT responsible for the inspection, discovery, abatement or removal of any environmental hazard including, but not limited to:asbestos; mold; lead; radon ground, g d water or environmental pollution at the work site, unless specifically covered in the specifications. b. In the event that any hazardous material is discovered during the course of construction, the testing, abatement and/or removal shall be shall be the sole responsibility of the OWNER. c.Any additional costs incurred on account of suspension of the construction or changes to the specifications due to a hazard \ or its removal are the responsibility of the OWNER and will be handled by a Work Order. d. In the event that work does not resume within 30 days of the stoppage,OWNER agrees to immediately pa the CONTRACTOR Y the pro rated amount of the CONTRACT price applicable to work done up to that point pursuant to the Contract. WARRANTY OWNER warrants that as of the date of this CONTRACT:(1)the PROPERTY(including the land,surface water,ground water, and improvements to the land)is,and will continue to be,free of all contamination,including(a)"oil,petroleum products,and their byproducts (b)any hazardous waste as defined by the Resource Conservation and Recovery Act of 1976,as amended from time to time,and regulations promulgated thereunder,,(c)any"hazardous substance"as defined by the Comprehensive Environmental Response,Compensation,and Liability Act of 1980,as amended from time to time,and regulations promulgated thereunder,specifically including asbestos and mold;and(d)any other"hazardous substance"(2)the PROPERTY is in compliance with all environmental laws and regulations;and(3)there are no underground tanks on the PROPERTY 3/9/2008 Contract Proposal -Page 10 of 13 i ' I INDEMNITY OWNER expressly acknowledges and agrees that it will reimburse,defend,indemnify and hold harmless CONTRACTOR,all Sub- contractors,their successors,assigns and employees from and against any and all liabilities,claims,damages,penalties,expenditures, losses or charges(including,but not limited to,all costs of investigation,monitoring,legal fees,remedial response,removal,restoration or permit acquisition)which may,now or in the future, be undertaken sufferedaid awarded assessed or otherwise t erwise incurred as the result of: (a)any contamination,existing in,on,above or under the PROPERTY(including,but not limited to,contaminated soil, mold, buildings, facilities and/or ground water); (b)any investigation,monitoring,clean up,removal,restoration,remedial response or remedial work undertaken on the PROPERTY; and (c)OWNER'S breach of any warranty given herein. I 13.WARRANTIES a. The work of the CONTRACTOR, including materials and labor, shall under warranty for a period of two (2) years, during which period CONTRACTOR shall at its own expense correct any defect arising from its work unless it is a non-warrantable condition. b. Any and all warranties for appliances or mechanical systems shall be delivered to OWNER as the CONTRACTOR receives them. I c. Notwithstanding any manufacturer's warranty of any component, appliance, or system, no action may be brought against the CONTRACTOR on this CONTRACT for the performance of this work, except as provided above. 14. SEVERABILITY If any portion of this agreement is found invalid or unenforceable by any court, the remaining provisions shall remain in force between the parties. 15. ENTIRE AGREEMENT This CONTRACT consists of the documents defined herein, and constitutes the entire agreement of the parties. It can be modified only by a written document. OWNER acknowledges that he has read and received a legible copy of this agreement signed by CONTRACTOR, before any work was done, and that he has read and received a legible copy of every other document that OWNER has signed during the negotiation of this Contract. SUBMITTED: Steve Mc ullough DATE: Red Tail Construction AC PT D: `�_ e DATE: . Doris Barrett I CDATE: — ?_6T ill BLarzft__� 3/9/2008 Contract Proposal-Page 11 of 13 Section III Attached Booklet I to the Contract/Proposal for Doris and Bill Barrett Job Specifications r 3/9/2008 Contract Proposal-Page 12 of 13 The following paragraphs show the breakdown of the individual phases(rooms,areas,or activities such as site preparation)of the project detailing each principle task. Each phase of the project is defined by a phase heading.The project the specifications have been consolidated and are listed in the order of the work. These specifications outline your entire project as priced in this proposal.If there is work that you want performed and it is not listed in this poral it is not included and ou a not paid for it in the contract price. Please review these specifications carefully. Client initials Client initials SEGMENT 1 (of 2 segments)—FRAME IN AND CREATE THE MASTER CLOSET DORMER: Create and frame in a new dormer for a new master closet area that will abut the existing master closet and will sit above t existing family room area. The new master closet's designare per the design drawings and per design discussions btwill have the following features: approximate size is 10' 1� 1' derson Double Hung 400 series window 33W"X45°H wit matching shutters on exterior—white clad exterior with sill, clear wood interior with removable grills; Octagon gable en fixed window with grills; Create new hinged access door into the existing attic area—approximate door size will be 33"WX48 New stairs from bedroom cased opening ascending into the new closet space—approximate size from bedroom leading to the stairs will be 40°W X80"H; and at the top of stairs leading to the closet will be the same; hard wood floors to be a best- match to the existing floors,will be on the stairs and in the new closet space—sand with poly finish; 2X6 construction, 1/2" exterior sheathing on siding and roof, blue board and skim coat on interior walls and ceiling, insulation throughout, Tyvek exterior, ice/water shield on entire roof, asphalt architectural shingles to match—elevation brought to existing level with rolled roofing underlayment; Drip edge on roof perimeter with ridge vent and continuous soffat venting; Primed cedar clapboards to match existing; exterior fascia, soffat and trim to match the existing house's trim. Interior closetry will be supplied by the homeowner and will be installed b Red Tail; Interior walls and ceilings will be rimed and painted b Y 9 p p y Red Tail—trim to be stained; however,these items may be completed by the homeowner(TBD); FHW Baseboard will be added to the closet area and will be on the existing 2nd floor loop; electrical will include rough electrical throughout, single pole switch into the closet, into the unfinished attic, recessed lights included in the closet area–a qty of up to 6 is included. Also included in this segment is to replace the �dexGGtweCrr Az k trim around the 2 double hung windows cabove the e doors- this will be new Azek trim boards. – mc� `s 7-01 rc� u j/" i&G. Ib( rJ" , . �Y`Yr%2 SEGMENT 2 (of 2)---DEMO AND CREATE A NEW MASTER BATH AREA: S Create a new master bath area per design drawings and design discussions: Remove the existing partition walls between �W the existing bath and the existing closet area; remove all fixtures, flooring and trim work---full gut to prepare the area for the new master bath's design and layout; New Anderson Double casement style window 2" X 45"H,–clad exterior, clear wood interior with removable grills; New ins tion as required, new blue board and skim coat as required, rough electrical ! included, recessed lighting througho ,wall scon tyle ig ting on the walls of the double vanity; new finished and rough s plumbing throughout, and as required; Ilowances have been included for the following: new double vanity; new full height OU/),W– linen /),W`linen cloet; solid tops,toilet, shower head,faucet, and drain, air jet style tub,tub faucetry and drain,frameless glass enclosure, double sinks and their faucetry and drains,wall and floor tiles and grout. Custom tile installation; frame in new walls and new tub cradle area;create custom shower area with inset cubbies for shampoos; install a Warmly Yours heated floor under layment system; install a hydronic kick space heater; Trim work to match the existing house; prime and full coverage painting of all walls and ceilings,trim to be stained by Red Tail or possibly homeowner(TBD). The entire project will be cleaned daily and left in broom swept clean condition; dumpster included; all debris removed from site; includes all permits, designs and code related efforts. �,�r,rb ✓�il kC�LCI� ad �r fie, l�ev3rC�rlc�., i✓vl�.-GF��sv�l .r :d /:ril�r "sl �. 3/9/2008 Contract Proposal-Page 1'3,of-13 3/9/2008 ,20 c 5'triyos 6r%l11 be CZE/ Bill and Doris Barrett-Scope of Work and Pricing Summary-Dormer Bath v'✓ wales a+"6 Description Project Costs jq d h y Prepare Plans,Permitting,Dumpster to site,Final Site Clean up,All code /4 Y� /J e o0 c $3,250 C Mister Bath Demo in preparation of creating a new remodeled Master Y�u bath—remove all materials,rough plumbing,walls $1,900_ �s�a� C/G L �Yv / Create new dormer build-out,framing-studs,joists,rafters,sheeting, '/ ? / 1 vs_ I p, IDA structural headers,ridge beam,new trim-rafters,Engineering specs and stampinq as required $18,605 Rough in new electrical—recessed,fantlight,possible heat lamp,outlets, _ n��S ,✓ `vim/�. switches,move electrical runs as required in preparation of new dormer CiG r` G S!/� and new master bath $1,978 Rough in new hot/cold feeds,new drains,new plumbing for new master bath tub,shower and double vanity,and Toilet. New hydronic kickspace c e t heater for new space.FHW baseboard in closet $4,790 New door/opening into new dormer closet,new linen closet door(s),new window(s)in dormer,insulate throughout entire space;harwood floors in ' © t� closet,new stairs-prep,sand and poly.Entire wood surfaces. $4,920 Roofing,siding,ice/water shield,flashing,drip edge,Tyvek,fascia,soffat, he and eaves venting,ridge vent,create weather tight seal $4,400 Blueboard skim coat new dormer,new bath area,ceilings and walls r (���l/s 4;,-7 e-I throughout,new baseboard trim,door trim,crown—trim throughout;install new close system $5,900 L/11S!/1 l�r� Prepare new bath space for new tile floor installation,warmly yours ��`'mow a installed at subfloor for warmth,frame interior of new-bath area—new tub cradle-possible step ascending to tub and tub cradle,frame bench style seat in custom shower area;create and define space with partition ,y`r �s GIG Se4 fjw wall(s)/closet(s),tile installation in shower/tub cradle and entire floor (J J areas. $8,698 Full frameless glass enclosure for shower area,create inset cubbies in V (�. 5 /►(/N/'�"��,�,,,, shower area for shampoo and soap shelving $2,900 Allowance for shower head and shower faucet,Drain,shower bar $740 Cw — Allowances for 2 sinks for vanity,2 sets of faucetry for sinks $860 G /D ley ! % 4 �' ( Allowances for toilet $55p /� Allowances for accessories,medicine cabinets/mirrors $500 G twrv�4(/ j Allowance for jet style tub $3,100 f 1,7,A '� J Allowances for tub fauce .drain $P80 I �� S 1 G!I1 Ord r/,o S Allowances for custom vanity cabinetry—double vanity $1,500 Allowances for full height linen cabinet $1,400 Allowance for vanity solid surface to $1,300 Allowances for tile floor material and wall/shower material and grout $1,700 Prep and paint all walls,trim,ceilings of new and remodeled space,paint exterior stucture trim and siding to match the existing structure; all painting is full coverage inside and out. $1,830 Project Total: $71,101, Approximate Breakdown is$43,253 for Master Bath;$27,848 for Dormer i I R` Y w t 1 � , kk .t ` pp V x t a `u ... ' a "CCI 7-P G ;u cn r `� +�4 m - ' r �� � '���� L �►6 Jud. -Aki to GELINAS STRUC'TUZAL ENGINEER(NC LLO �` �� ` � �►�® �� _ �. Daniel L. Gelinas, P.E. 1J 579A North End Blvd. AO Po v i Salisbury, MA 01952-1738 Phone 978.465.6436 (Fax 5160) oee to-u rco— Qu lo -Tye •— W � E� ui 'A o �z i co Lo Z IL alp ' � J SxI pip kAOF � :� � � I✓� ��� ANIEL L. 1 N� ,`? � � ELINAS SZ UCTURAL o. 33994 00V JOB NO.C, + SHEET NO. � o Z o W ti Lo CL mN v cn Lo -- C � � M v _ W O -- —— — —— ------------- .. Q ui Oui ?� -t) ��CZ1 C) LocvC �. o - CL . 64TV 1)� All 2' ArA _ - Mas/,p Ws-9 DAME L. r ; a GELINAS v TRUCTURAL No.33994 A�1 i441; ' � �o ' ,� s► STI ° JOB N06>66, SHEET NO. 2& ,p �'le -�aa��,auueeaLC� o��/�zaaacl`.ael�a �\ Board of Building Regulations and Standards { HOME IMPROVEMENT CONTRACTOR ! Registration 155649 Expiratlbn 4/30/2009 Tr# 255200 � Yjl TYP,_6 �Cndjv,dual , STEPHEN MC CULLOUGH�2 , STEPHEN MC CULLQUCF, ±r�, 90 ABBOTT ST _ `• L��"� ` � NO Af•iL'vVER,MA 01845 Administrator BOARD OF BUILDIN REGULATIONS License: CONSTRUCTION SUPERVISOR Number _ESX 094338 Birthdate 09/08/1962 t._ s Eicp�res 09/08/20Q9 Tr. no: 94338 Restricted 00 r STEPHEN A MCCUt,LOUGH-= 90 ABBOTT STREET',; NORTH ANDOVER, MA 01$45 Commissioner Y *M� <> r MAN Nam56,23 MOON - is $ 1 Was r rr ri m'"`j s h. r ° ! Ur r t 7. j 7 . T ' !Kri s zJ File Edit F:.:J Options 3D CAD Tools Wjndow Ijelp _ CS, x Select Items I gec e�i,gl0l 3DB. f � � s � �� �� �" rr 2r���J;✓lc� rr �; fw x d r f r � r o ns.> r I t. H f r U us t V� 77777 f I Y' j Select Items .Layer:0"CAD DEFAULT LAYER" I - - - - - - - - - - - - - I New Dble New Custom Tile Vanity-Mirrors/Built Shower-Tiled In above-Mirrors Bench Seat,Inset reflect Exterior cubbies trim/Light so3s Isar `__--- ,� ---- -- ---- - - � -- -- a ' 1 1 N 112 3'High Hinged ;�i Y 2.8 =pZ13n access to Attic — 3sse 2668 -- - -- j Floor Plan Master Closet i -- — -- - -- -- - -- -- -- -- -- -- - - — — ...- — --. _ �3 11/18"=k 2'-8" 4'-0 5118" 14'-4" ! L —2836— �1 1 � �r M- - I - -- -- T1 Bedroom — — — — — — — — — —I-r- - — — — — — — — — — — — — — — — — — — — 1 _LIVING AREA wu— 1411 sq ft 2nd Floor --Proposed to Add a Master Closet Dormer and Upgrade the Existing master Bath. Master bath to Stay in the Same location ` NORTH 0 of over 0 No. oy dover Mass. • • O � . LAK T ' ' COC MI CHEWICK RATED BOARD OF HEALTH PERMIT T D Food/Kitchen Septic System D6f , j � BUILDING INSPECTOR THISCERTIFIES THAT.......... I..//.......... ............................................ .,r...... .......... .......................... Foundation has permission to erect............... buildings on .Q ra......� �. Rough to be occupied as lft�1."A........G..........1 .7' ......*.......�' l��... . . .......�/ ..... v�/ ..4 • Chimney provided that the person accepting this permit shall in every respect conform to the term s of the ap ication 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 CONSTRU TS Rough ... ..... ........................................... ....................... ,..,.,_ Service BUDDING ll�hSP CTQi -.. . : Final Occupancy Permit Required t0 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.