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Building Permit #062-15 - 240 DALE STREET 7/17/2014
b yORTH Of�t��n bq�0 BUILDING PERMIT ,�? 4�::'. .:. o� TOWN OF NORTH ANDOVER ° 2 ,--APPLICATION FOR PLAN EXAMINATION Permit NO: I Date Received . _ I49SS `��t Date Issued: ACHU IMPPORTANT:Applicant must complete all items on this page LOCATION 24D a JGI I C tS�" PROPERTY OWNER. -Du seg" Ly n ne ITe- �e I Iy Print MAP NO: ttPARCELMI ZONING DISTRICT: Historic District yes Machine Shop Village yes TYPE OF IMPROVEMENT PROPOSED USE Residential Non- Residential ❑ New Building 9 One family ❑Addition ❑Two or more family ❑ Industrial KAlteration No. of units: ❑ Commercial ❑ Repair, replacement ❑Assessory Bldg ❑ Others: ❑ Demolition ❑ Other ❑ Septic ❑Well ❑Floodplain ❑Wetlands ❑ Watershed District ❑Water/Sewer 1 �kM( hn-Fh rernOcle.l , 4)-5�61l I lafaef bcd,(nom doaraA)aV n in f IVB l 6Lj Identification Please Type or Print Clearly) OWNER: Name: -Duke * ��ne 1te- Le IIPhone: C1`l8- (A3- 3(o 22- Address: CONTRACTOR Name: Not mar)t1j6nco-*Phone: t�o3Z35. 3zq �Grcy�i �u�1d�S +�►,..� Address: `3o No1�da�1 bane �IGmpst-ead NN 0�$y l Supervisor's Construction License: Exp. Date: CIS- n3�tgc03 11311 i to Home Improvement License: 1-7 V5 3q Exp. Date: 0 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: $mac tp. & Check No.: Receipt No.: 2^1'1 " NOTE: Persons contrac ing with unregistered contractors do not have access�thheuaranty fund Signature of Agent/Owner Signature of contractor Location _�t�Y�f �T No. b 2 ' Date . '- TOWN OF NORTH ANDOVER Certificate of Occupancy $ Building/Frame Permit Fee $ Foundation Permit Fee $ Other Permit Fee $ TOTAL $ l � Check �/J / ! U ., Building Inspector y � Plans Submitted Plans Waived D. Certified Plot Plan ❑ Stamped Plans ❑ _T_YP_E_OE_SE_W,ERAGE.DI.SEO.SAL— Public Sewer ❑ Tanning/Massage/Body Art ❑ Swmm-ning Pools ❑ Well ❑ Tobacco Sales ❑ Food Packaging/Sales ❑ Private(septic tank,etc. ❑ permanent Dumpster on Site ❑ THE FOLLOWING SECTIONS FOR OFFICE USE ONLY INTERDEPARTMENTAL SIGN OFF - U FORM PLANNING & DEVELOPMENT Reviewed On Signature COMMENTS CONSERVATION Reviewed on Signature COMMENTS HEALTH Reviewed on Siqnature 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 DEPARTMENT - Temp Dumpster on site yes no Located at 124 Main 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 Call Email Date Time Contact Name Doc.Building Permit Revised 2014 Building Department The following is a list of the required forms to be filled out for the appropriate permit to be obtained. Roofing, Siding, Interior Rehabilitation Permits 'Building Permit Application ❑ Workers Comp Affidavit � Photo Copy Of H.I.C. And/Or C.S.L. Licenses /❑ Copy of Contract Floor Plan Or Proposed Interior Work i ❑ Engineering Affidavits for Engineered products 9 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/Cross Section/Elevation Plan Of Proposed Work With Sprinkler Plan And Hydraulic Calculations (If Applicable) ❑ Mass check Energy Compliance Report (If Applicable) o 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 o 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 Doe:Building Permit Revised 2014 Enter construction cost for fee cal - North Andover Fee Calculation Construction Cost po.00 m $ - $ 168.00 Plumbing Fee $ 21.00 Gas Fee 100 comm. $ 100.00 Electrical Fee $ 21.00 Total fees collected $ 310.00 240 Dale Street First floor bath remodel 062-15 on 7/17/2014 NORT11 Town of s E ndover No. LA 64 IE a T n0 h ver, Mass, I �' COC NICNt WICK �1• �qS R^TES PPP,�'�y U BOARD OF HEALTH Food/Kitchen PERMIT T LD Septic System THIS CERTIFIES THAT ........ .�.�.4?. ....................'...................................... BUILDING INSPECTOR has permission to erect buildings on .......... Foundation . f Rough to be occupied as .....8"4L&......*.......... 5- .�!!.b.��r.�-... .. ...V�... �i41� `. Chimney provided that the person accepting this permit shall in every respect confo to the terms of the application Final on file in this office, and to the provisions of the Codes and By-Laws relating to the Inspection,Alteration and Construction of Buildings in the Town of North Andover. PLUMBING INSPECTOR VIOLATION of the Zoning or Building Regulations Voids this Permit. Rough Final I (� PERMIT EXPIRES IN 6 MONTHS ELECTRICAL INSPECTOR UNLESS CONSTRUCTION ST TS Rough Service .......................... .. .............................................. Final BUILDING INSPECTOR GAS INSPECTOR Occupancy Permit Required to Permit Required to Occupy Buildin�Buildinn 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. 33'6 16'2 11'10 ' 5'6� o 0 N r bedroom � bath io Bedrroom O O 2-6:x6-8 0 0 2 6 x 6-8 ih hallway i Existing Floor Plan 0 BO 33'6 16'2 11'10 5'6 0 co fV � O CO O 2-8X6.8 Change this bedroom door from 2-6 tO 2-8 _o O 2-8x6-8 r- io ih Change this bathroom door from 2-6 to 2-8 New Floor plan bo lt�xr 6r,0Won.odrrncriffl a/6%O�rra6rrrllf"jC/6 Office of Consumer Affairs&Business Regulation ME IMPROVEMENT CONTRACTOR Wxepgistration: 178539 Type: iration: 4/30/2016 Individual NORMAN E. MANCUSI NORMAN MANCUSI 130 HOLIDAY ALNE � yc HAMPSTEAD,NH 03841 Undersecretary Massachusetts -Department of Public Safety Board of Building Regulations and Standards Construction Supervisor License: CS-034963 NORMAN E.MA*U 30 HOLIDAY LN,1 Hampstead NH 03841 Expiration Commissioner 01/31/2016 The Commonwealth of Massachusetts Print Form Department of Industrial Accidents Office of Investigations kvi I Congress Street,Suite 100 Boston,MA 02114-2017 www.mass.gov/dia Workers' Compensation Insurance Affidavit: Builders/Contractors/Electricians/Plumbers Applicant Information Please Print Legibly Name (Business/Organization/Individual): Mdncusi Builders LLC — Address: 30 Holiday Lane City/State/Zip: Hampstead, NH. 03841 Phone #: 603-235-7293 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 I employees(full and/or part-time).* have hired the sub-contractors 6. E]New construction 2.❑ I am a sole proprietor or partner- listed on the attached sheet. 7. ❑✓ Remodeling ship and have no employees These sub-contractors have 8. ❑Demolition workingfor me in an capacity. employees and have workers' Y P tY• 9. E] Building addition [No workers' comp.insurance comp. insurance.: required.] 5. ❑ We are a corporation and its 10.❑ Electrical repairs or additions 3.❑ I am a homeowner doing all work officers have exercised their 11.❑Plumbing repairs or additions myself. [No workers' comp. right of exemption per MGL 12.❑ Roof repairs insurance required.] t c. 152, §1(4),and we have no employees. [No workers' 13.0 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. +Contractors that check this box must attached an additional sheet showing the name of the sub-contractors and state whether or not those entities have employees. If the sub-contractors have employees,they must provide their workers'comp.policy number. I am an employer that is providing workers'compensation insurance for my employees. Below is the policy and job site information. Insurance Company Name: Policy#or Self-ins.Lie.#: Expiration Date: Job Site Address: 240 Dale St. City/State/Zip: N. Andover, Ma 01845 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. 1 do hereby certify and, r the pains and penalties of erjury that the information provided above is true and correct. Signature: Date: 7/16/2014 Phone#: 603-235-7293 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#: TOWN OF NORTH ANDOVER AFFIDAVIT Home Improvement Contractor Law Supplement to Permit Application MGL c. 142 A requires that the"reconstruction, alteration, renovation, repair, modernization, conversion, improvement, removal,demolition, or construction of an addition to any pre-existing owner occupied building containing at least one but not more than four dwelling units...or to structures which are adjacent to such residence or building" be done by registered contractors, with certain exception, along with other requirements. Type of Work:Bath remodel and accessibility alterations Est. COSt 28000.00 Address of Work 240 Dale St. N.Andover,Ma. Owner Name:Duke and Lynette Kelly Date of Permit Application:July 16,2014 1 hereby certify that: Registration is not required for the following reason(s): For office Use Only Work excluded by law Permit No. Job under$1,000 Date Building not owner-occupied Owner pulling own permit Other (specify) Notice is hereby given that: OWNERS PULLING THEIR OWN PERMIT OR DEALING WITH UNREGISTERED CONTRACTORS FOR APPLICABLE HOME IMPROVEMENT WORK DO NOT HAVE ACCESS TO THE ARBITRATION PROGRAM OR GUARANTY FIND UNER MGL c. 142A. Signed under penalties of perjury: I hereby apply for a permit as the agent of the owner: July 16,2014 Mancusi Builders LLC (Norman Mancusi) Date Contractor Name Registration No. OR: Notwithstanding the above notice, I hereby apply for a permit as the owner of the above property: Date Owner Name MANCBUI OP ID:ST A+OC"- Ro CERTIFICATE OF LIABILITY INSURANCE F DAT 05108D/VYYY) 05/08114 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER 603-382-9211 CONTACT THE JOSEPH S.HILLS AGENCY INC NAME_— Sharon J.Tonas 119 MAIN STREET,PO BOX 300 603.382.3387 ac No Ext):803.382.9211 1 jc382.3387 PLAISTOW,NH 03865-0300 A DRIESS:sharon@hillsinsurance.com INSURER(S)AFFORDING COVERAGE NAIC# INSURER A.Riverport InsuranceCompany 36684 INSURED Mancusi Builders,LLC INSURER B:Concord General Mutual 20672 30 Holiday Lane Hampstead,NH 03841 INSURER C: _ _- INSURER D: INSURER E: -- --------I -_ ----- INSURER F: I COVERAGES CERTIFICATE NUMBER: 13-001 REVISION NUMBER: 001 THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED B OW TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT,TERM OR A® ACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURA D E LICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES,LIMITS SHOW REDU D BY PAID CLAIMS. INSR ADDLISUEIR Y EFFPOLICY EXP LIMITS LTR TYPE OF INSURANCE POLICY NUMBER MM/DD/YYYY MM/DD GENERAL LIABILITY EACH OCCURRENCE _ $ 1,000,000 B X COMMERCIAL GENERAL LIABILITY E062547 10/02/13 10/02/14 RENTED PREMISES(Ea occucu rrence)__ $ 50,000 CLAIMS-MADEFN71 LAI OCCUR MED EXP(Any one person) $ 5,000 _ PERSONAL&ADV INJURY $ 1,400,000 GENERAL AGGREGATE $ 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OP AGG $ 2,000,000 ---- POLICY X PRO- - T LOC $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT I— Ea accident $ ANY AUTO BODILY INJURY(Per person) $ ALL OWNED SCHEDULED accident) $BODILY INJURY(Per a AUTOS AUTOS HIRED AUTOS NON-OWNED PROPERTY DAMAGE---- $ AUTOS _(Fier accident) UMBRELLA LIAB OCCUR EACH OCCURRENCE $ iEXCESS LIAB CLAIMS-MADE AGGREGATE $ OED RETENTION$ $ I WORKERS COMPENSATIONX. WCSTATU- OTH- I AND EMPLOYERS'LIABILITY TORY LIMITS ER A IANYPROPRIETOR/PARTNER/EXECUTIVEYIN WC2883003902 10/01/13 10/01/14 E.L.EACH ACCIDENT $ 500,000 OFFICERIMEMBER EXCLUDED? N/A ----------- (Mandatory In NH) E.L.DISEASE-EA EMPLOYE $ 500,000 If yes,describe under -- - ------- ------------ DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ 500,000 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (Attach ACORD 101,Additional Remarks Schedule,If more space is required) Carpentry-construction of dwellings 3A:NH Member Exclusion applies for Norman Mancusi on Workers Compensation Policy. CERTIFICATE HOLDER CANCELLATION KELLYDU SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE Duke 8r Lynette Kell THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN y y ACCORDANCE WITH THE POLICY PROVISIONS. 38 Worcester Street Methuen, MA 01844 AUTHORIZED REPRESENTATIVE ©1988-2010 ACORD CORPORATION. All rights reserved. ACORD 25(2010/05) The ACORD name and logo are registered marks of ACORD l I,�ilYl construction energy audits consultation design F11Cfncusibuilders, 30 Holiday Lane, Hampstead, NH 1 603.329.81 13 Standard Form of Agreement for Design/Build _ AGREEMENT made as of the fifteenth day of July in the year Two Thousand Fourteen BETWEEN the Owner: Duke and Lynette Kelly 38 Worchester Street Methuen, MA P. 978.683.3622 E. l.kellyl974@yohoo.com and Mancusi Builders, LLC: Norman Mancusi 30 Holiday Lane Hampstead, NH 03841 P. 603.329.81 13 F. 603.329.8223 E. info@moncusibuilders.com for the following Project: Renovation of a home located at 240 Dale St., N. Andover, MA to make universally accessible. To remodel the first floor bathroom, expand doorways to first floor bath and bedroom, construct ramps for floor elevation changes and create parking area with ramp to enter the home making accessibly easier. The Owner and Mancusi Builders, LLC agree as follows. TABLE OF ARTICLES (C01) 1 MANCUSI BUILDERS, LLC'S RESPONSIBILITIES 2 OWNER'S RESPONSIBILITIES 3 COPYRIGHTS AND LICENSES 4 CLAIMS AND DISPUTES 5 TERMINATION OR SUSPENSION 6 COMPENSATION This Standard Form of Agreement 7 MISCELLANEOUS PROVISIONS contains elements harvested from the AIA A201-2007 and AIA 8 SCOPE OF THE AGREEMENT 8102-2007 as credited to the American Institute of Architects. All contracts cited have been lawfully acquired by Mancusi Builders, LLC for the use and drafting of this document. s construction energy audits consultation design mancusibuilders 30 Holiday Lane, Hampstead, NH j 603.329.81 13 ARTICLE 1 MANCUSI BUILDERS, LLC'S RESPONSIBILITIES § 1.1 Moncusi Builders, LLC shall provide the following professional services and Work consistent with that outlined in the Signed Proposal as outlined as: .1 Rough Construction and Finish Prep: Consisting of demolition, completion of rough electrical and plumbing, drywall, interior trim and doors, and living room and porch ramps. .2 Finishes: Consisting of finish electrical and plumbing, painting, exterior parking area, ramp/walkway, loam and seeding. § 1.2 Mancusi Builders, LLC shall perform its services and Work consistent with the professional skill and care ordinarily provided by contractors practicing in the some or similar locality under the same or similar circumstances. The Mancusi Builders, LLC shall perform its services and Work as expeditiously as is consistent with such professional skill and care and the orderly progress of the Project. § 1.3 Mancusi Builders, LLC shall identify a representative authorized to act on behalf of the Mancusi Builders, LLC with respect to the Project. That representative being named: Norman Mancusi § 1.4 Except with the Owner's knowledge and consent, Mancusi Builders, LLC shall not engage in any activity, or accept any employment, interest or contribution that would reasonably appear to compromise Mancusi Builders, LLC's professional judgment with respect to this Project. § 1.5 Mancusi Builders, LLC shall maintain the following insurance for the duration of this Agreement. If any of the requirements set forth below exceed the types and limits Mancusi Builders, LLC normally maintains, the Owner shall reimburse Mancusi Builders, LLC for any additional cost: .1 General Liability $1,000,000 per occurrence($2,000,000 aggregate) .2 Workers' Compensation $500,000 per occurrence § 1.6 SUPERVISION AND CONSTRUCTION PROCEDURES § 1.6.1 Mancusi Builders, LLC shall design, supervise and direct the Work, using Mancusi Builders, LLC's best skill and attention. Mancusi Builders, LLC shall be solely responsible for, and have control over, construction means, methods, techniques, sequences and procedures and for coordinating all portions of the Work under the Contract. Mancusi Builders, LLC shall evaluate the jobsite safety thereof and shall be fully and solely responsible for the jobsite safety of such means, methods, techniques, sequences or procedures. § 1.6.2 Mancusi Builders, LLC shall be responsible to the Owner for acts and omissions of Mancusi Builders, LLC's Subcontractors and their agents and employees, and other persons or entities performing portions of the Work for, or on behalf of, Mancusi Builders, LLC or any of its Subcontractors. § 1.6.3 Mancusi Builders, LLC shall be responsible for inspection of Work already performed to determine that such portions are in proper condition to receive subsequent Work. § 1.7 LABOR AND MATERIALS § 1.7.1 Mancusi Builders, LLC shall provide and pay for labor, materials, equipment, tools, construction equipment and machinery, transportation, and other facilities and services necessary for proper execution and completion of the Work, whether temporary or permanent and whether or not incorporated or to be incorporated in the Work. § 1.7.2 Mancusi Builders, LLC shall enforce strict discipline and good order among Mancusi Builders, LLC's employees and other persons carrying out the Work. Moncusi Builders, LLC shall not permit employment of unfit persons or persons not properly skilled in tasks assigned to them. § 1.8 WARRANTY Q. construction energy audits ( consultation design M fT1Qf1CUSIbuildef Sir. 30 Holiday Lane, Hampstead, NH j 603.329.81 13 Mancusi Builders, LLC warrants to the Owner that materials and equipment furnished under the Contract will be of good quality and new unless designed otherwise. Mancusi Builders, LLC further warrants that the Work will be free from defects; except for those inherent in the quality of the Work the Construction Documents require or permit. Work, materials, or equipment not conforming to these requirements may be considered defective. Mancusi Builders, LLC's warranty excludes remedy for damage or defect caused by abuse, alterations to the Work not executed by Mancusi Builders, LLC, improper or insufficient maintenance, improper operation, or normal wear and tear and normal usage. § 1.9 TAXES Mancusi Builders, LLC shall pay soles, consumer, use and similar taxes for the Work provided by Mancusi Builders, LLC that are legally enacted when bids are received or negotiations concluded, whether or not yet effective or merely scheduled to go into effect. § 1.10 PERMITS, FEES, NOTICES AND COMPLIANCE WITH LAWS § 1.10.1 Mancusi Builders, LLC and it's Sub-Contractors shall secure the building permits and shall submit permitting fees as a reimbursable expense to be paid promptly by the owner following the payment terms in Article 6. Other permits, fees, and inspections by government agencies necessary for proper execution and completion of the Work that are customarily secured after execution of the Contract and legally required of the time bids are received or negotiations concluded shall be secured and paid for by the Owner. § 1.10.2 Mancusi Builders, LLC shall comply with and give notices required by applicable laws, statutes, ordinances, codes, rules and regulations, and lawful orders of public authorities applicable to performance of the Work. § 1.10.3 If Mancusi Builders, LLC performs Work knowing it to be contrary to applicable laws, statutes, ordinances, codes, rules and regulations, or lawful orders of public authorities, Mancusi Builders, LLC shall assume appropriate responsibility for such Work and shall bear the costs attributable to correction. Unless otherwise negotiated by the Owner. § 1.11 CONCEALED OR UNKNOWN CONDITIONS § 1.1 1.1 If Mancusi Builders, LLC encounters conditions at the site that are (1 subsurface or otherwise concealed physical conditions that differ materially from those present or (2) unknown physical conditions of an unusual nature, that differ materially from those ordinarily found to exist and generally recognized as inherent in construction activities of the character required, Mancusi Builders, LLC shall promptly provide notice to the Owner before conditions are disturbed and in no event later than 21 days after first observance of the conditions. If Mancusi Builders, LLC determines that they differ materially and cause an increase or decrease in cost of, or time required for, performance of any part of the Work, Mancusi Builders, LLC will establish an equitable adjustment in the Contract Sum or Contract Time, or both. If Mancusi Builders, LLC determines that the conditions at the site are not materially different from those required and that no change in the terms of the Contract is justified, Mancusi Builders, LLC shall continue with the Work. § 1.11.2 If, in the course of the Work, Moncusi Builders, LLC encounters human remains or recognizes the existence of burial markers, archaeological sites or wetlands, Mancusi Builders, LLC shall immediately suspend any operations that would affect them and shall notify the Owner. Upon receipt of such notice, the Owner shall promptly take any action necessary to obtain governmental authorization required to resume the operations. Mancusi Builders, LLC shall continue to suspend such operations until otherwise instructed by the Owner but shall continue with all other operations that do not affect those remains or features. Requests for adjustments in the Contract Sum and Contract Time arising from the existence of such remains or features may be made as provided in Article 4. § 1.12 ALLOWANCES § 1.12.1 No allowances have been provided within the scope of this Agreement. § 1.13 TIME § 1.13.1 Mancusi Builders, LLC shall achieve Substantial Completion of the entire Work not later than Fifty(50) Business Days from the date of this agreement being signed by both Mancusi Builders, LLC and Owner. § 1.13.2 If Mancusi Builders, LLC is delayed of any time in the commencement or progress of the Work by an act or neglect of the Owner, or of an employee of; or by changes ordered in the Work; or by labor disputes, fire, unusual delay in deliveries, unavoidable casualties or other causes beyond Mancusi Builders, LLC's control; or by delay authorized by the Owner pending mediation and litigation; or by other causes that �4f construction j energy audits consultation design manCUS1build :CS. 30 Holiday Lane, Hampstead, NH 1 603.329.81 13 Mancusi Builders, LLC determines may justify delay, then the Contract Time shall be extended by Change Order for such reasonable time as Mancusi Builders, LLC and Owner may determine. § 1.13.3 Claims relating to time shall be made in accordance with applicable provisions of Article 4. § 1.14 CUTTING AND PATCHING § 1.14.1 Mancusi Builders, LLC shall be responsible for cutting, fitting or patching required to complete the Work or to make its parts fit together properly. All areas requiring cutting, fitting and patching shall be restored to the condition existing prior to the cutting, fitting and patching. § 1.15 SITE MAINTANENCE § 1.15.1 Mancusi Builders, LLC shall keep the premises and surrounding area free from accumulation of waste materials or rubbish/recyclables caused by operations under the Contract. At completion of the Work, Mancusi Builders, LLC shall remove waste materials, rubbish/recycling, Mancusi Builders, LLC's tools, construction equipment, machinery and surplus materials from and about the Project. § 1.16 ACCESS TO WORK The Contractor shall provide the Owner access to the Work in preparation and progress wherever located. § 1.17 SUBCONTRACTORS § 1.17.1 A Subcontractor is a person or entity who has o direct contract with Mancusi Builders, LLC to perform a portion of the Work at the site. The term "Subcontractor" is referred to throughout the Contract as if singular in number and means a Subcontractor or an authorized representative of the Subcontractor. § 1.17.2 A Sub-subcontractor is a person or entity who has a direct or indirect contract with a Subcontractor to perform a portion of the Work at the site. The term "Sub-subcontractor" is referred to throughout the Contract as if singular in number and means a Sub-subcontractor or an authorized representative of the Sub-subcontractor. § 1.17.3 By appropriate agreement, written where legally required for validity, Mancusi Builders, LLC shall require each Subcontractor, to the extent of the Work to be performed by the Subcontractor, to be bound to Mancusi Builders, LLC by terms of the Contract, and to assume toward Mancusi Builders, LLC all the obligations and responsibilities, including the responsibility for safety of the Subcontractor's Work, which Mancusi Builders, LLC, by these Documents, assumes toward the Owner. Each subcontract agreement shall preserve and protect the rights of the Owner under the Contract Documents with respect to the Work to be performed by the Subcontractor so that subcontracting thereof will not prejudice such rights, and shall allow to the Subcontractor, unless specifically provided otherwise in the subcontract agreement, the benefit of all rights, remedies and redress against Mancusi Builders, LLC that Mancusi Builders, LLC, by the Contract, has against the Owner. Where appropriate, Mancusi Builders, LLC shall require each Subcontractor to enter into similar agreements with Sub-subcontractors. Mancusi Builders, LLC shall make available to each proposed Subcontractor, prior to the execution of the subcontract agreement, copies of the Contract and Construction Documents to which the Subcontractor will be bound, and, upon written request of the Subcontractor, identify to the Subcontractor terms and conditions of the proposed subcontract agreement that may be at variance with the Contract and Construction Documents. Subcontractors will similarly make copies of applicable portions of such documents available to their respective proposed Sub-subcontractors. § 1.17.4 If the Work has been suspended for more than 20 days, the Subcontractor's compensation shall be equitably adjusted for increases in cost resulting from the suspension. ARTICLE 2 OWNER'S RESPONSIBILITIES § 2.1 Unless otherwise provided for under this Agreement, the Owner shall provide information in a timely manner. § 2.2 The Owner shall identify a representative authorized to act on the Owner's behalf with respect to the Project. That representative being named: Lynette Kelly. The Owner shall render decisions and approve Mancusi Builders, LLC's submittals in a timely manner in order to avoid unreasonable delay in the orderly and sequential progress of Mancusi Builders, LLC's services and Work. construction energy audits consultation design mancusibuilders,. 30 Holiday Lane, Hampstead, NH j 603.329.81 13 § 2.3 The Owner shall coordinate the services of its own consultants with those services provided by Mancusi Builders, LLC. Upon Mancusi Builders, LLC's request, the Owner shall furnish copies of the scope of consulting services in the contracts between the Owner and the Owner's consultants. The Owner shall furnish the services of consultants other than those designated in this Agreement, or authorize Mancusi Builders, LLC to furnish them as an Additional Service, when Mancusi Builders, LLC requests such services and demonstrates that they are reasonably required by the scope of the Project. The Owner shall require that its consultants maintain professional liability insurance as appropriate to the services provided. § 2.4 The Owner shall furnish all legal, insurance and accounting services, including auditing services, that may be reasonably necessary at any time for the Project to meet the Owner's needs and interests. § 2.5 The Owner shall provide prompt written notice to Mancusi Builders, LLC if the Owner becomes aware of any fault or defect in the Project, including errors, omissions or inconsistencies in Mancusi Builders, LLC's Instruments of Service. § 2.6 The Owner shall provide prompt payment and in accordance with Article 6. ARTICLE 3 COPYRIGHTS AND LICENSES § 3.1 Mancusi Builders, LLC shall have the right to include photographic or artistic representations of the design of the Project among Mancusi Builders, K's promotional and professional materials. Mancusi Builders, LLC shall be given reasonable access to the completed Project to make such representations. However, Mancusi Builders, LLC's materials shall not include the Owner's confidential or proprietary information if the Owner has previously advised Mancusi Builders, LLC in writing of the specific information considered by the Owner to be confidential or proprietary. The Owner shall provide professional credit for Mancusi Builders, LLC in the Owner's promotional materials for the Project. ARTICLE 4 CLAIMS AND DISPUTES § 4.1 To the extent damages are covered by property insurance, the Owner and Mancusi Builders, LLC waive all rights against each other and against the consultants, Subcontractors, Sub-subcontractors agents and employees, each of the other, for damages caused by fire or other causes of loss to the extent covered by property insurance obtained or other property insurance applicable to the Work, except such rights as they have to proceeds of such insurance held by the Owner as fiduciary. The Owner or Mancusi Builders, LLC, as appropriate, shall require of the consultants, Subcontractors, Sub-subcontractors agents and employees any of them similar waivers in favor of the other parties enumerated herein. The policies shall provide such waivers of subrogation by endorsement or otherwise. A waiver of subrogation shall be effective as to a person or entity even though that person or entity would otherwise have a duty of indemnification, contractual or otherwise, did not pay the insurance premium directly or indirectly, and whether or not the person or entity had an insurable interest in the property damaged. § 4.2 Mancusi Builders, LLC and Owner waive consequential damages for claims, disputes or other matters in question arising out of or relating to this Agreement. This mutual waiver is applicable, without limitation, to all consequential damages due to either party's termination of this Agreement, except as specifically provided in Section 5.7. § 4.3 Claims, disputes or other matters in question between the parties shall be subject to and decided by arbitration in accordance with local laws unless the parties mutually agree otherwise. r R `F �R M construction energy audits consultation design f71C1nCUSIbuilders 30 Holiday Lane, Hampstead, NH j 603.329.81 13 ARTICLE 5 TERMINATION OR SUSPENSION § 5.1 If the Owner fails to make payments to Mancusi Builders, LLC in accordance with this Agreement, such failure shall be considered substantial nonperformance and cause for termination or, at Mancusi Builders, LLC's option, cause for suspension of performance of services and Work under this Agreement. If Mancusi Builders, LLC elects to suspend services or Work, Mancusi Builders, LLC shall give seven days' written notice to the Owner before suspending services or Work. In the event of a suspension of services or Work, Mancusi Builders, LLC shall have no liability to the Owner for delay or damage caused the Owner because of such suspension of services or Work. Before resuming services or Work, Mancusi Builders, LLC shall be paid all sums due prior to suspension and any expenses incurred in the interruption and resumption of Mancusi Builders, LLC's services and Work. Mancusi Builders, LLCs's fees for the remaining services and Work and the time schedules shall be equitably adjusted. § 5.2 If the Owner suspends the Project, Mancusi Builders, LLC shall be compensated for services and Work performed prior to notice of such suspension. When the Project is resumed, Mancusi Builders, LLC shall be compensated for expenses incurred in the interruption and resumption of Mancusi Builders, LLC's services and Work. Mancusi Builders, LLC's fees for the remaining services and Work and the time schedules shall be equitably adjusted. § 5.3 If the Owner suspends the Project for more than twenty 120) cumulative days for reasons other than the fault of Mancusi Builders, LLC, Mancusi Builders, LLC may terminate this Agreement by giving not less than seven 17) days' written notice. § 5.4 Either party may terminate this Agreement upon not less than seven 17) days' written notice should the other party fail substantially to perform in accordance with the terms of this Agreement through no fault of the party initiating the termination. § 5.5 The Owner may terminate this Agreement upon not less than ten (10) days' written notice to the Mancusi Builders, LLC for the Owner's convenience and without cause. § 5.6 In the event of termination not the fault of the Mancusi Builders, LLC, Mancusi Builders, LLC shall be compensated for services and Work performed prior to termination, together with Reimbursable Expenses then due and all Termination Expenses as defined in Section 5.7. § 5.7 Termination Expenses are in addition to compensation for Mancusi Builders, LLC's services and Work and include expenses directly attributable to termination for which Mancusi Builders, LLC is not otherwise compensated, plus an amount for Mancusi Builders, LLC's anticipated profit on the value of the services and Work not performed by Mancusi Builders, LLC. ARTICLE 6 COMPENSATION § 6.1 The Owner shall compensate the Mancusi Builders, LLC for services and Work described in Section 1.1 as set forth below, or in the attached exhibit or scope document incorporated into this Agreement in Section 6.2. TOTAL SERVICES AND WORK COMPENSATION:twenty seven thousand, nine hundred, eighty-two dollars and forty-six cents 1$27,982.46)as divided: .1 Initial Payment $2,826.00 .2 Completion of Rough Construction and Finish Prep $10,675.00 .3 Completion of Finishes $14,481 .46 Y r construction I energy audits I consultation I design mancuSibuildeCS, 30 Holiday Lane, Hampstead, NH j 603.329.81 13 § 6.2 COMPENSATION FOR REIMBURSABLE EXPENSES § 6.2.1 Reimbursable Expenses ore in addition to compensation for Mancusi Builders, LLC's professional services and Work and include expenses incurred by Mancusi Builders, LLC and Mancusi Builders, LLC's consultants, Subcontractors, and Sub-subcontractors directly related to the Project, as follows: .1 Transportation and authorized out-of-town travel and subsistence; .2 Long distance services, dedicated data and communication services, teleconferences, Project Web sites, and extranets; .3 Fees paid for securing permits and approval of authorities having jurisdiction over the Project; .4 Printing, reproductions, plots, standard form documents; .5 Postage, handling and delivery; .6 Expense of overtime work requiring higher than regular rates, if authorized in advance by the Owner; .7 Renderings, models, mock-ups, professional photography, signage, construction progress modeling, and presentation materials requested by the Owner; .8 Mancusi Builders, LLC's Consultant's, Subcontractor's, and Sub-subcontractor's expense of professional liability insurance dedicated exclusively to this Project, or the expense of additional insurance coverage or limits if the Owner requests such insurance in excess of that normally carried by Mancusi Builders, LLC's consultants, Subcontractors, and Sub-subcontractors; .9 All taxes levied on professional services and on reimbursable expenses; .10 Site office expenses; and .1 1 Other similar Project-related expenditures. § 6.2.2 For Reimbursable Expenses, the compensation shall be the expenses incurred by the Architect/Contractor and Mancusi Builders, LLC's consultants, Subcontractors, and Sub subcontractors plus an administrative fee of three percent j3%j of the expensesenses incurred. § 6.3 PAYMENTS TO MANCUSI BUILDERS, LLC § 6.3.1 An initial payment of two thousand eight hundred twenty-six dollars ($2,826.00 ) shall be made upon execution of this Agreement and is the minimum payment under this Agreement. § 6.3.2 Payments for services shall be made upon completion of services performed. Payments are due and payable upon presentation of Mancusi Builders, LLC's invoice. Amounts unpaid fifteen (15) days after the invoice date shall bear interest at twelve percent (12%) compounded annually. § 6.3.3 The Owner shall not withhold amounts from Mancusi Builders, LLC's compensation to impose a penalty or liquidated damages on Mancusi Builders, LLC. § 6.3.4 Records of Reimbursable Expenses for services and Work performed on the basis of hourly rates shall be available to the Owner at mutually convenient times. § 6.3.9 The final payment shall be presented upon when all Work complies with the requirements of the Contract. 10%of the final payment will be withheld in coordination with a final inspection by the Home Modification Loan Program to be completed and paid within Thirty(301 days. § 6.3.10 The making of final payment shall constitute a waiver of Claims by the Owner except those arising from: .l liens, Claims, security interests or encumbrances arising out of the Contract and unsettled; .2 terms of special warranties required by the Contract. § 6.4 FAILURE OF PAYMENT If the Owner does not issue a Payment, through no fault of Mancusi Builders, LLC, within fifteen j 151 days after receipt of Mancusi Builders, LLC's monthly invoice, or awarded by binding dispute resolution, then Mancusi Builders, LLC may stop the Work until payment of the amount owing has been received. The Contract Time shall be extended appropriately and the Contract Sum shall be increased by the amount of Mancusi Builders, LLC reasonable costs of shutdown, delay and start-up, plus interest as provided for in Article 6 Section 3.2. M- 1 r h ai i construction ( energy audits consultation ( design filancuSlbuilders, 30 Holiday Lane, Hampstead, NH j 603.329.81 13 ARTICLE 7 MISCELLANEOUS PROVISIONS § 7.1 This Agreement shall be governed by the law of the place where the Project is located. § 7.2 The Owner and Mancusi Builders, LLC, respectively, bind themselves, their agents, successors, assigns and legal representatives to this Agreement. Neither the Owner nor Mancusi Builders, LLC shall assign this Agreement without the written consent of the other, except that the Owner may assign this Agreement to a lender providing financing for the Project if the lender agrees to assume the Owner's rights and obligations under this Agreement. § 7.3 Nothing contained in this Agreement shall create a contractual relationship with or a cause of action in favor of a third party against either the Owner or Mancusi Builders, LLC. § 7.4 If Mancusi Builders, LLC or Owner receives information specifically designated by the other party as "confidential" or "business proprietary," the receiving party shall keep such information strictly confidential and shall not disclose it to any other person except to (1) its employees, (2) those who need to know the content of such information in order to perform services or Work solely and exclusively for the Project, or (3) its consultants and subcontractors whose contracts include similar restrictions on the use of confidential information. ARTICLE 8 SCOPE OF THE AGREEMENT § 8.1 This Agreement represents the entire and integrated agreement between the Owner and Mancusi Builders, LLC and supersedes all prior negotiations, representations or agreements, either written or oral. This Agreement may be amended only by written instrument signed by both Owner and Mancusi Builders, LLC. This Agreement entered into as of the day and year first written above. OWNER MANCUSI BUILDERS, LLC ji�. ?ture) (Signa e) Lynett Kelly Norman Mancusi, Master CGP /A/ (0,0-te') (Date ME _, 9 1 A^. Q mancusibuitders3. Date: July 8, 2014 Proposal #: 140509 Proposal for Construction services Client: Duke and Lynette Kelly 38 Worchester, St. Methuen, Ma. Location: 240 Dale St. N. Andover, Ma. Description: Remodel existing first floor bath to provide greater accessibility, install wider entrance doors in bath and bedroom, construct small ramp near wood stove to accommodate floor elevation change and install front yard parking space with elevated walkway to front door entrance, and construct ramp on porch to meet thresh hold elevation. Scope of proposed Services Demolition: • Remove all existing plumbing fixtures along with flooring and drywall. • Remove bath door and re-frame opening for new 32" left hand pine door. • Remove bathroom window and reconstruct to close off opening along with patching in siding to match. • Remove existing bedroom entrance door adjacent to bathroom and reframe for a 36", left hand pine door. Plumbing: • Rework rough plumbing for new corner sink, toilet and tub/shower. • Right hand, tub/shower will be placed along outside wall, toilet will be located approximately where it currently exists and corner sink will be placed in approximate location as existing. Electrical: • Install recessed light over tub/shower area. • Install all necessary wiring, switching and outlets in bathroom area. • Remove existing bath fan and reinstall a new Panasonic(Heat, fan, light)combo unit with ductwork and hood vent. Drywall: • Install, and finish drywall in complete bathroom as well as patched areas in hallway and adjacent bedroom. Tile: • Install Ditra mat substrate over bathroom floor area. I • Install 12" square White tile over floor substrate. • Apply grout to tile joints. mancusibuilders.com 30 Holiday Lane,Hampstead,NH.03841 l 603.329.8113 1 mancusibuilders@gmail.com 1 mancusibuilders3 Finishes: • Install 32" bathroom door with lever style latches. • Install 36" bedroom door with lever style latches. • Install baseboard in bathroom area. • Patch in hardwood flooring around new door areas. • Install towel bar, toilet paper holder, shower rod and mirror supplied by owner. Painting: • Apply sealer to all new wood surfaces. • Stain doors and trim to match existing home. • Apply two coats of poly to all new woodwork. • Apply 2 coats of white ceiling paint on bathroom ceiling. • Apply two coats of wall paint to bathroom walls(color choice by owner). • Apply 2 coats of color match paint to hall area and bedroom wall where new door was installed. Exterior work: • Install 12'x 20' paver parking area in front lawn area connecting to existing driveway. • Install 4' by approximately 30' long paver, ramp/walkway leading from parking area to porch landing. • Install necessary retaining walls on sides of ramp to support grade elevation. • Tie in existing walkway to new ramp/walkway. • Loam and seed disturbed areas. • Construct small ramp on porch to meet threshold of front door. Total Scope of Proposed Services: $27,982.46 Estimated time to complete 3-4 weeks moncusibuilders.com 30 Holiday Lane,Hampstead,NH.03841 1 603.329.8113 1 mancusibuilders@gmail.com 2 f Q mancusibuilderst Notes Mancusi Builder's Standard Form of Agreement between Client and Builder will set forth the terms and definitions of the services to be performed for this project. The Proposed Fee covers basic services as outlined above. Any additional Revisions beyond the allotted amount set forth will be agreed upon by a signed change order between both parties prior to commencement of such work. All additional work will be billed at$80.00 per hour. An initial payment as outlined in Contract,will be required to commence work on the project. Client will be billed as agreed upon in Contract, based on stages of completion. Mancusi Builders, LLC and team of subcontractors will obtain necessary permits from the Town of North Andover's Building Department to perform the scope of work to the building as described above and submit permitting fees as reimbursable expenses to be paid promptly in consistent with the Contract. Any additional fees required by the Federal, state or local officials is not our responsibility and will need to be addressed by the owner. Access to the work area will be provided by way of the owner, during the hours of 7:00 am to 6:00 pm Monday through Friday. A designated area will be provided for a temporary trash dumpster and all deliveries and of materials. Construction materials, revisions, deliverables, and timeline are negotiable and will have an effect on the total scope of Proposed Services. By signing this you agree to the scope of this proposal and shall authorize Mancusi Builders to draw a Contractual Agreement for this phase of the proposed project. Submitted by Mancusi Builders LLC. Client Signature Norn n Mancusi, P Client Owner l Mancusi Builders LLC. Sign above,Pri7n... elow 1 /Q ru G!9 Y'%J f�L V A ttionai signee (optional) Z-V kLef� 3 The Commonwealth of Massachusetts Department of Industrial Accidents Office of Investigations I Congress Street,Suite 100 Boston,MA 02114-2017 www.mass gov/dia Workers' Compensation Insurance Affidavit: Builders/Contractors/Electricians/Plumbers Applicant Information Please Print_Leeibly Name(Business/Organization/Individual): Augi Traynor Construction LLC Address:644 Fremont Rd. City/State/Zip:Chester, NH 03036 Phone#:603-300-6386 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. 7. ❑✓ Remodeling ship and have no employees These sub-contractors have 8. ❑ Demolition working for me in any capacity. employees and have workers' 9 ❑ Building addition [No workers' comp. insurance comp. insurance.: 5. ❑ We are a corporation and its 10.[1 Electrical repairs or additions required.] 3.❑ I am a homeowner doing all work officers have exercised their 11.❑Plumbing repairs or additions > right o f exemption per MGL P myself. [No workers comp. � P 12.❑Roof repairs t c. 152, §1(4),and we have no insurance required.] 13.❑ Other employees. [No workers' 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. tContractors that check this box must attached an additional sheet showing the name of the sub-contractors and state whether or not those entities have employees. If the sub-contractors have employees,they must provide their workers'comp.policy number. I am an employer that is providing workers'compensation insurance for my employees. Below is the policy and job site information. Insurance Company Name: Policy#or Self-ins.Lic.#: Expiration Date: Job Site Address:240 Dale St. City/State/Zip:N Andover MA 01845 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 hereb certify under the pains and penalties ofperjury that the information provided above is true and correct. Si afore: _ Date 7/15/14 Phone#:603-300-6386 Official use only. Do not write in this area,to be completed by city or town officiat 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#: