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Building Permit #238-11 - 263 CANDLESTICK ROAD 9/21/2010
BUILDING PERMITcF NORTH TOWN OF NORTH ANDOVER APPLICATION FOR PLAN EXAMINATION41 y -� Permit NO: ^o Date Received Date Issued: i �9SSACHUS��� IMPORTANT Applicant must complete 11 items on this page Y���'ar1 ..Si,.. l .. � 1.� m'Y`��s � fi+, l6 7 '\t- F *K'�`rx J y l� t _ -r � as 4 en r •-.,s r� � �- . r 4 -'7%.�,+ i.._ PRPETOSYIn9ER w a- �-.• - Y ->.� h. eC� � ��y ; .- r� ��y�'a" ?��rft�°��{�.."^.s..�r ��&ry� ' -hi Gi5'-•F�3..^nYi� sx�'t�'�..� �+x�.tS\ -¢a�� �v >�Y :5�* 4�-� -� �ta? wv�. �.--n T �.J,+�--}^�y H Ief� 5 C t 4-s.:-'X^Jrtxy.�6_ •�,AI, 'l%r, 2.' -e �c �- S 4��.•r;,.u.a-4'-4...�,, r� T'.F,3.-s3;..F Ti�, 7 :. j•C 'rfjri., n;ri rc ',c ' �c y1, - ISOT,IC13rlti � hpc��, U. _:��.. _.'p,.._R.;2� _,.._i�..J-�.n....:+.F:'-S'� :...:�h ........ -i�,..„.:,`� -'>;=*'-^•.. '� ��zt” « .yam , ac1�'me�hr�p�J1 �� 3,.n meq.:. TYPE OF IMPROVEMENT PROPOSED USE Residential Non- Residential New Building One family Addition Two or more family Industrial Alteration No. of units: Commercial Repai replacem t Assessory Bldg Others: Demolition q Other �J�"� 2,.. I»C,;hyq is��11 � _ "rs y.e } "`x a � .+„F r'•�.c - Tl p.}4�j �+ ,� 7f,.,•,'IIO���pr���'3ks... 1+'1��.7 �``�,'��` ~frw- P'Ati`��"7 J ��,r����",S -�_'�.�u "-�� T.r��i � �r"'��t"� ae ^f 6.-X ..-; f �. i�+���i..rs��� !1 Fits fi'swP•-1"",Y,}3•. "' e"'�ea ��. 1'IYET �`� I�'�--rG ,cr>;x�;t'�'`� a�`'`-��.. 'cTt�°�f� a �' 1xXn'�-' �-'' �,�"�° c,'�"• r--lis-`'c ii1 �'" �c-moi+` £ n.__..... � _�.� '� .._ ..rz:. a.artT �J-.�.:zSF -�--r "F .:;.?, -�•�-.,; r �.� j'a'i`, �fi ��� ��--xK�.- � �„n.-� -,'�'� n��x DES RIPTION OF WORK TO BE EF RMED Uva .4dentification Please„Type or Print Clearly) a r OWNER: Name: vti Phone: 2 >6 Address: 3- C�. <<-UC_ i 113���J� ��f s�:.���� .-s-res*•�'J� 4 .. rx 1 .J,.3.'�x` „c.+ y-. � r y X .. �?�'L R T'R., 'K'� w �`y' J I a,p rte• � � s� � �-��,+ a, �', "�$..5• 'x-rte Y�' ;3 z 'x -h-u�.x'�' - �� rr�fi i x •' ..F, ��i��T�S �? T %� S” s a�i �� $�` ��.�} -4,e-�s.�',.��u x• 1 hdi e� * `ta -a, �`�°•32. +.',�• (fix a w�"4 Ste.r+ �s��-` '.+.'�`"'-�- •,u."�� q,. " �"G`"`'- -r� y �a, ..ir-° �S''-• S.rFr �e�, ,�"�{ ' ""-,m .�.J�•^ p may-..�, z:.-, �, ,� � 1��Xis t"i •4^.Y,�_`.H�ec ^r� r �"=;�..r �r� �r� k a,3 '�+tr- - a,.�. rra. �-,-"-�-+' .r,.�+",�t ��ts Hr•�ar��x"t"�' sS�T3�C�fr���y'a4� r �an��� � `{� '�� ea_3'r3i.>t",�t�� •�u�_ r..r r r< <y� `�'�;7�� �. E'�/�ST3l"SJzI U 9L1� 9 'fi,IS' �` 1 ` 7 nc1E `lam L sr•.Y �{ y.dtTY.r,°�`�S �� f4-.�..`g.-.�rW,3' s S`9�, �n*-a' P'i� xE 4'v1 `v ,r •C J"7RrJa'4 N � +A•.i..,:Cs.•Lxkx "` .i ,-" t�-�" � {`" s;°ice .tea mac'}3 . x'4".. ' r +`.- 9 or-J.s' .tc- - 37 $ If18 T i§7- nS SFr �f mw�< �s • _�a.., - [:�e 3 ..t., _..ter. �l _ lir .�``-Y, � a.fir g � rfi'� � y y,_�,' �:r �.al'e{e?`3.5..�4.' ,t_,..�Lq� t� .ry.= ' ✓, .t�`Y,�y�L ' ARCHITECT/ENGINEER / V Phone: Address: Reg. No. FEE SCHEDULE.BULDING PERMiIT: 12.00 PER$1000,00 OF THE TOTAL ESTIMATED COST BASED ON$125.00 PER S.F. Total Project Cost: $ t G a e FEE: $ �p Check No.: gw Receipt No.: NOTE: Persons contracting with unregistered cpntractol s do not have access to the g ranty and S�gnafureofyAgnt/Ouuner Sigratureofcon raefor per; ,�.�.-�..�..,�.�. -.-I-Zk.1 _... .... - ..--r "---, �-"�':----i-:-�'-�--� 1 ""-'-"-,�-�"�,r--7"�--"�--'�'*-*l.--'7--"-*-"-�,"----"-,"-"---'-."-,-,-.--,---.--,�---"---�,-�"l,- :.:.I".-�-1 I-- . I . - . I I --. ...:; 1'. .. . - �. I..- -- I - I � . .. I ,.- .�-m � � I 1. �- .. I .-.. -- ----I -------- -- , I . L .� -- -.I 1. .I � I .., ,-I �.. �. I I I I . . , �, �,.,- , . . . . ---.------ ---------------------�-,-- - ---::�; ,� . - . - .-'�:- .. � I . . - .... �,. ... .-:..,.... ,I, ,q, ,I- I . . . . I. .1 . ,-. - - - - - -�- -I..'- -,� - ,- - �� t .. . . . .. . -k— -. . . . . � I . - - - , -o--- � -��. - I. . . - I . .�I.. �..: . . . . � .,- - - - , ---- � - , . - ._ . .. _ .. _ .y.. ... ,. . .. .. . .. - S _ .. .:• ._ % :: 1. _ _ - - .. ...,_., - .._.J-. _ - n:... .y- _. .. 4 4. -- .: - ....:_ .:lr::� - _ 4 _-:.-.. _ _ _- y, �. y y F ....._ + .--• i�na a^ �, - - t . fiy,,,,�Rvy-. f ° -... ' ' .. �' 4 y ff j ^._ -... .. - - - Location �f' No, r Date %:2Z--Zd -- . MORTq TOWN OF NORTH ANDOVER L h D a s Certificate of Occupancy $ �'b"""°'�+`� Buildin —�x,r yes Ss�cMusE< g/Frame Permit Fee $ .: . Foundation Permit Fee f' N 1. Other Permit Fee $ ,'. TOTAL $ Y s� Check # � = c __ . . .._ .. _ ..... .: rn� 2 3A 6 .. ': ��- --,—�- >, Building Inspector ,,`, .. F. ._ - ,.. .r.,, _ _ -�.- ,_ _. ff' " ,. ,. ..,-.:. _ ..... .. -..'. _. .. .... .. ... ._. .. ...:: :M,V ��....: ._ ... % _ 4 ..4 .,...:.�. ... :::. - .n,k f k -•'1- '.�. - S. :. .. ..- .. ._r: i ':•_S. mow.:�. 'i...: • 11 ,. Z Yet-.. _7 4 - ... - .1.. -::...... �'... - .. - - .. - - J l - ... -. .. .... .'.... ... .::.- .. .. T .'.. _ _.. .. ,_...y �� _ ': - - _ ..1 -' , % - -...4.- - :.. -:�.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 THE FOLLOWING SECTIONS FOR OFFICE USE ONLY INTERDEPARTMENTALSIGN OFF - U FORM DATE REJECTED DATE APPROVED PLANNING & DEVELOPMENT COMMENTS CONSERVATION Reviewed on A0 Signature s COMMEiv T S ' w '13 10D Se.cl Af HEALTH Reviewed on q, A,4 SignatureYz , 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 IRE�DEPeRTE1�T Tiernp`Dt�rpster or� �te yes'a ono Lvcated�f�1�4 Siam SfcEef r i L Firepar�merltsignatue/dale' Dimension Number of Stories: Total square feet of floor area, based on Exterior dimensions. Total land area, sq. ft.: ELECTRICAL: Movement of Meter location, mast or service drop requires approval of Electrical Inspector Yes No DANGER ZONE LITERATURE:. Yes No MGL Chapter 166 Section 21A—F and'G min.$100-$1000 fine NOTES and DATA— (For department use) ❑ Notified for pickup - Date Doe.Building Permit Revised 2010 Building Department The following is a list of the required forms to be filled out for the appropriate permit to be obtained. Roofing, Siding, Interior Rehabilitation Permits ❑ Building Permit Application ❑ Workers'Comp Affidavit ❑ Photo Copy Of H.I.C. And/Or C.S.L. Licenses ❑ Copy of Contract ❑ Floor Plan Or Proposed Interior Work ❑ Engineering Affidavits for Engineered products NOTE: All dumpster permits require sign off from Fire Department prior to issuance of Bldg Permit Addition Or..Decks ❑ Building Permit Application ❑ Certified Surveyed Plot Plan ❑ Workers Comp Affidavit ❑ Photo Copy of H.I.C. And C.S.L. Licenses ❑ Copy Of Contract ❑ Floor/Crossection/Elevation Plan Of Proposed Work With Sprinkler Plan And Hydraulic Calculations (If Applicable) ❑ Mass check Energy Compliance Report (If Applicable) ❑ Engineering Affidavits for Engineered products NOTE: All dumpster permits require sign off from Fire Department prior to issuance of Bldg Permit New Construction (Single and Two Family) ❑ Building Permit Application ❑ Certified Proposed Plot Plan ❑ Photo of H.I.C. And C.S.L. Licenses ❑ Workers Comp Affidavit ❑ Two Sets of Building Plans (One To Be Returned) to Include Sprinkler Plan And Hydraulic Calculations (If Applicable) ❑ Copy of Contract ❑ Mass check Energy Compliance Report ❑ Engineering Affidavits for Engineered products NOTE: All dumpster permits require sign off from Fire Department prior to issuance of Bldg Permit In all cases if a variance or special permit was required the Town Clerks office must stamp the decision from the Board of Appeals that the appeal period is over. The applicant must then get this recorded at the Registry of Deeds. One copy and proof of recording must be submitted with the building application Doc:Building Permit Revised 2008 NORTH Tovm of Andover RIO. No. LAKE �,o o dover, Mass., COCMICMEWICK 7� 0RATED P'P�,`�C� BOARD OF HEALTH Food/.Kitchen Septic System BUILDING INSPECTOR PERMIT T D lam. movTHIS CERTIFIES THAT............ . .................... ....... ...... ...,........... . ............ ......�..... ..... Foundation • �► b dingson .. ....................... .. ............r Rough has permission to erect......... ,� Chimney to be occupied as................ ....... .... ....... ....................................................................................... provided that the person ac ep in this permit s in every respect conform to the terms of the application on file in Final this office, and to the provisions of the Codes and By-Laws relating to the Inspection, Alteration and Construction of Buildings in the Town-of North Andover. PLUMBING INSPECTOR VIOLATION of the Zoning or Building Regulations:Voids this Permit. Rough Final PERMIT EXPIRES IN kTHS ELECTRICAL INSPECTOR UNLESS CONSTRU O !�1 S Rough ........ .................. ............................. ................ ..... Service BUILDING SPECTOR Final Occupancy Permit Required to Occupy Building GAS INSPECTOR Rough Display in a Conspicuous Place on the- Premises — Do Not Remove Final No Lathing or Dry Wall To Be Done FIRE DEPARTMENT Until Inspected and Approved by the Building Inspector. Burner. Street No. SEE REVERSE SIDE Smoke Det. N � ' LA tic{ __� � � Pte• -r 41C. Leel � F�e1-0(11 I i I� I PLAN QS RuILT OF YSTEM SLjBSURFACE DISPOSAL S LOCATED IN A til DOV e12. 17�� G ►�.! �r✓�r' ILS ��4�IA O AS PREPARED FOR KORAVOS c►VILvi� DATE: 11-2-0-02- L zo No.37,7A SCALE: 1lam- e 11 MERRIMACK ENGINEERING SERVICES, INC. �_ ��UPvG 4 1c,tjf __ FT. `7141 L L. tr'r T Tl e FI ANr2 Lo-A-r►C,J g E Fo C:.t- in,Js PROFILE Lk Loi 11 V1. av -�� ^ u.,AM. 4 / 1.4 L t-t rT a I4 xri i 1 � Co, �.. Project Scope of Work Jim and Mary Nania 91712010 Item Desciption Costs Remove the existing deck;prepare the general grade for pavers under the deck;Dig and pour in new concrete piers below the frost line;Single Dumpster on site;Frame in New deck per design(24'6!'X 12'—stairs to grade and flared)-2X10 pressure treated framing,joist hangers,flashing at house $7,850 New gray Composite surface boards per discussions;Top screwed with small-head Trapese stainless steal gray colore matching the surface boards;white composite railings throughout per design discussions—flared at bottom of stairs. $8,844 18"X 18"pavers installed under the main deck area to create a storage area;sand base for pavers $950 Semi private fencing installed per discussions around entire peremeter of deck-include a gate matching for access $840 Install 2 ceramic lights for storage area and switch;add a new wall mount on the side of the existing patio door—fixtures supplied by homeowner;add outlet on deck area;install new low voltage lighting on 6 posts(2 on main deck,2 at top of stairs,2 at bottom of stairs. $462 Install the Dry Deck system under the deck between the new joist and pitched away from the house--keeps storage dry;extend/alter the existing downspout so water pitches outside deck peremeter and away from the storage area;leave project rough graded and raked so grade has proper drainage at end—reseed where required. $1,300 Project Total: $20,246 Payment Schedule See contract): Upon Signing: $6,100 Upon Installing surface boards $4,200 Upon Installing Railings $4,000 Upon Installing the pavers $3,6001 S V W , COL—A0 q—I� (2"1 RED TAIL CONSTRUCTION CONTRACT PROPOSAL Prepared for: Jim and Mary Nania Candlestick Road North Andover, MA. 9/6/2010 Contract Proposal-Page 3 BUSINESS CONDITIONS TO THIS CONSTRUCTION CONTRACT This Contract, dated 9-06-10 is by and between: Jim and Mary Nania Candlestick Road, North Andover, MA. (referred to as OWNER), and Red Tail Construction, 733 North Turnpike Street Unit 192 North Andover, MA. 01845 (978)273-4397 (Hereafter referred to as CONTRACTOR).Work will be performed at: Candlestick Road, North Andover, MA. (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: Remove the existing deck and create a new composite deck with an enclosed storage area. (Hereafter referred to as WORK). See Specification section and drawings for further project details. The CONTRACT consists of this document, any plans,the specifications, and the Construction Contract.(Hereafter collectively referred to as the"CONTRACT) 2. PRICE The total price for the WORK agreed upon is$20,246.00(See attached segmented cost sheet for breakdown). Payment terms are set out below in Paragraph 6. 3.STARTING AND COMPLETION PROVISIONS The WORK will begin approximately in the 2`d week of September 2010 and will be completed,absent unusual or unforeseen 2nd T and an circumstances, in the 2 week of October 2010, providing this CONTRACT y related CONTRACT documents are n dates reflect our present workload. accepted when resented.Will discuss to expedite this time frame. The aforementioned p p p 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 immediately preceded 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. 9/6/2010 Contract Proposal-Page 4 V. 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: Upon Signing Contract $6,100.00 Upon Start of Installing composite surface boards $4,200.00 Upon Start of Installing New Railings $4,000.00 Upon Start on Laying Pavers $3,600.00 Substantially Complete Project $1,246.00 Upon Completion of Punch list $1,100.00 c. Included in the overall contract amount are the following ALLOWANCES: Allowance for the Low Voltage Lighting Materials: $250.00 Allowance for the 18"X18" Pavers under the deck: $663.00 Allowance for the Semi private fencing sections: $670.00 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. DEFINITIONS 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 9/6/2010 Contract Proposal-Page 5 WWII Construction Contract of the Contract/Proposal for Jim and Mary Nola CONSTRUCTION CONTRACT This Contract is by and between: Jim and Mary Nania hereafter referred to as "OWNER", and Red Tail as the "CONTRACTOR" for work at Candlestick Road North Andover, MA 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. 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. 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 9/6/2010 Contract Proposal-Page 7 failure td 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.). 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. 9/6/2010 Contract Proposal-Page 8 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 is given as required below, during which time the default may be cured by the CONTRACTOR. e. Deposit monies- Cancellation of this CONTRACT prior to the commencement of work 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. 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 Essex 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. The parties acknowledge that this agreement to arbitrate shall be governed by Chapter 142A of the 9/6/2010 Contract Proposal-Page 9 Massachusetts Revised Statutes Annotated. 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. Jia7nia 49 Mary ania / Steve McCullough—Owner Red Tail Construction h. Unless otherwise agreed in writing, CONTRACTOR shall continue the WORK and maintain the agreed work schedule 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 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 pay the CONTRACTOR 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 by-products"(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 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, suffered, paid, awarded, assessed, or otherwise 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. 9/6/2010 Contract Proposal-Page 10 13.WARRANTIES a.The work of the CONTRACTOR, including materials and labor, shall under warranty for a period of one year, 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. 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- DATE: 7// 0 //0 Steve McCullough Red Tail Construction ACCEPT D: ,i �. DATE: Jim and Mary Nania 9/6/2010 Contract Proposal-Page 11 Section III Attached Booklet to the Contract/Proposal for Jim and Mary Nania job Specifications 9/6/2010 Contract Proposal-Page 12 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 perfomned and it is not listed in this proposal it is not included and you have not paid for it in the contract price. Please review these specifications carefully. Client initials Client initials Job Specifications for Jim and Mary Nania New Composite Deck • Per Discussions and design drawings remove the existing deck from site; Create a new deck approximate size is 24' 6"wide X 12' deep; create Stairs to grade per drawings; these stairs will be approximately 7'wide at the top and will start to flare out towards the bottom section. All deck framing will be per code and will be pressure treated lumber; the surface will be made of compostite surface boards, gray in color.The Railings will be white composite materials. All risers and skirt boards will be white AZEK composite materials. • The under-deck storage area will be made of 18"X 18" pavers laid on sand base for stability(Allowance included in this contract for the cost of the pavers is$663.00); the deck peremiter will be entirely enclosed with a semi private white vinyl fence material that will allow for ventilation in the storage area; there will be a hinged gate made of the same material (Allowance included in this contract for the cost of the the fencing section with the gate is$670.00) • All debris will be placed in a dumpster and removed from site • Daily broom swept clean. • Drydeck system installed under the deck to keep the storage area dry • Install 2 new wall mount scontzes on each side of the existing 9' patio door---fixtures supplied by the homeowner. • Install Low voltage lighting—allowance included in this contract for material costs in the amount of$250.00 • Install 2 new ceramic lights and switch in the storage area • Include an exterior outlet 9/6/2010 Contract Proposal-Page 13 . II Jim and Mary Nania Candlestick Road North Andover, MA. Dear Jim and Mary, 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. I 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. 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. 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 cust9prier service in the industry.We look forward to working you on your project. Sincerely, Steve McCullough 9/6/2010 Contract Proposal-Page 1 of the Contract/Proposal ,or Jin and Mary Nania Business Conditions Eila Edit aulld Qptions 2D 5AD Tools Window tielp �}M o, x' C'� + . 11111 i CADI CADf gym+ +L1f+—lily^ i��! i Select ltems �J_gJ�J�J�J�:�_�Jr�+�J�i�lei °J�I�I o f�fl✓!�r:+�!� I�:+�I�.+ < i� i > i :ri�i�I.�'i��! ON 1 �' 6'•9 1 f2" Ll i0s- - - -- - - - - - - -- - - tel - r _ , ien P CV �P y f5alect Items Floor;1 +Layer:0 "CAD DEFAULT LAYER" Page 1 of 1 1 Fie E& "I OMuW CAD Toils Wodow+H* o�x ®o,�O,-I-IGOI®;�i�0011 Selcanems I Oj OQIO—©D T�I� VM§ z � a•Y� I n� m x.x ViiG.r:yiuc. __. i b— F—lqa%o%WDEFALLTLAYW AWD http://sz0136.wc.mai i.comcast.net/service/home/-/nania%20new%20sta irs.J PG?a... 9/7/2010 Page 1 of 1 1 � _M E* F,& @,sd Ow- 3D Ste rods YM- H* a x !� G� I.7 ® -10i0�1V AIA o, Selea Items I �i����-cid-S©2D� �i 49,016,1l1��!t'I.41�i4!�1!G'ibi�!��j�� i sdeaa� �,ta�:oxaot�auTurrn• http://sz0136.wc.mail.comcast.net/service/home/-/nania%20sample%20skirt%20b... 9/7/2010 The Commonwealth of Afassachusetus Department o f Industrial Accidents Office of, nvestieadons 600 Washington Street -Boston, M14 02111 ki m7ww. gSsov/dnWorkers' Com enation Insurane Applicant Information Affda t: Bulders /Contractors/Electricians/Plumbers PIease Print Legibly Name (Business/Organization/Individual): Address: City/State/Zip: Phone#: Are you an employer?Check the appropriate boa: 1•❑ I am a employer with 4. ❑ I am a general contractor and I Type of project(required): ?.❑ employees(full and/or part-time).* have hired the sub-contractors 6. ❑Neu,construction I am a sole proprietor or partner_ listed on the attached sheet �• ❑Remodeling slop and have no employees These subcontractors have working forme in any capacity. workers . ' g' E]Demolition � comP [No workers' insurance. comp• insurance 5. ❑ We are a corporation and its 9. ❑Building addition 3.7 required.] officers have exercised their 10.0 Electrical r .I am a homeowner doing all work right of ex epairs or additions myself 4),a do Per MGL 1 l.❑Plumbing repairs or additions Y [No workers' comp, C. 152,§I(4),and we have no insurance required.] t employees. [No workers' 12•[]Roof repairs comp.insurance required.] 13.0 Other Iiomeowaers who submit this affrdaindicating a'or==ers'com^__., vit imdi sting e}'z doiag au•w,r} and thea hire outside contractors L�_ - a new 'Contractors that chd is this box must a=ched an additional sheet showing the submit a new amdavit mdi;sting such. name of the sub-contractors and their workers'comp.Pohry information. Ism an employer that isproviding workers'compensation insurance for my employees. Below is thepolicy and job site information. Insurance Company Name: Policy#or Self-ins.Lic.#. Expiration Date: Job Site Address: Attach a copy of the workers' compensation policy declaration age(showing policy icy Failure to secure coverage as required under Section 25A of M p a ( wig the policy number-and expiration date)• c. 152 can lead fine up to$1,500.00 and/or one-year imprisonment,as well as Evil penalties in the tform of a STOP WORK ORDER and a �P minimal penalties of a Of up to $250.00 a day against the violator. Be advised that a copy of this Statement may be forwarded to fine Investigations of the DIA for insurance coverage verificati Office of g on I do hereby certify under the pains and penalties of perjury thrrr the information provided above is true and correct Siffiature: Phone#: FF()r only. Do not write in this area, to be completed by city or town officiaL n: Permitucense# Issuinghority(circle one): Health 2.Buildinb Department 3. Citc'/TownClerk d.Electrics!Inspector 5.plumbiaR bInspector son: Phone r: Information an` cd Instructions Massachusetts General Laws chapter 152 requires all employers to provide workers'compensation for their employees. Pursuant to this statute,an employee is defined as"...every person in the service of another under any contract of hire, express or implied,oral or written." An employer is defined as"an individual,partnership,association,corporation or other legal entity, or any two or more of the foregoing engaged in a joint enterprise,and including t3ae legal representatives of a deceased employer , or the receiver or trustee of an individual,partnership, association ox-other legal entity,employing employees. However the owner of a dwelling house having not more than three apartnz ents and who resides therein,or the occupant of the dwelling house of another who employs persons to do mainte ice,construction or repair work on such dwelling house or on the grounds or building appurtenant thereto shall not be cause of such employment be deemed to be an employer." MGL chapter 152,§25C(6)also states that"every state or 6c:ai licensing agency shall withhold the issuance or renewal of a license or permit to operate a business or to construct bindings in the commonwealth for any applicant who has not produced acceptable evidence of co3mpliance with the insurance coverage required." Additionally,MGL chapter 152, §25C(7)states"Neither the commonwealth nor any of its political subdivisions shall enter into any contract for the performance of public work ung acceptable evidence of compliance with the insurance requirements of this chapter have been presented to the contracting authority." Applicants Please fill out the workers' compensation affidavit completely,by checking the boxes that apply to your situation and,if necessary,supply sub-contractors)name(s), address(es)and phone number(s)along with their certincate(s)of insurance. Limited Liability Companies(LLC) or Limited Li.-a ity partnerships(LLP)with no employees other than the members or partners,.are not required to carry workers'comp ration insurance. If an LLC or LLP does have employees,a policy is required- Be advised that this affidavit may be submitted to the Department of Industrial Accidents for confirmation of insurance coverage. .Also be stu'e to sign and date the affidavit The affidavit should be ivtuiii`vd to the vitt'Or tt3w n that thepl7cauon for the pmt or license 2.R being requested,not the Dena-zment.of Industrial Accidents. Should you have any questions regardixxg the l;y;or if you are.,Y.i:ired to obtain a workers' compensation policy,please call the Department at the number=lid below. Self-insured companies should enter their self-insurance license number an the appropriate line. City or Town Officials Please be sure that the affidavit is complete and printed legibly. The Department has provided a space at the bottom of the affidavit for you to fill out in the event the Office of Investigations has to contact you regarding the applicant Please be sure to fill in the permit/liccase member which will be used as a reference number. In addition,an applicant that must submit multiple - permit/license applications in any gZven year,need only submit one affidavit indicating current policy information(if necessary) and under`.`3ob Site Address"the applicant should write"all locations in (city or town)."A copy of the affidavit that has been officially stampe=d or marked by the city or town may be provided to the applicant as proof that a valid affidavit is on file for future p=u=nts or licenses. A new affidavit must be filled out each . year.Where a home owner or citizen is obtaining a license orpermit not related to any business or commercial venture (i.e. a dog license or permit to bum leaves etc.)said person is NOT required to complete this affidavit The Office oflnvestigations would like to than 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-mumber.... The Commonwealth oaf Massachusetts I>Tartment Offndustrial Accidents Office of lltrestiaations 600 Washm-tan Street Briton,M_A 0.2111 Tel. 4 617-72.7-4900 ext 40.6 or 1-8 T7-1vLAS&kF'E Revised 5-26-05 Fay -#,' 617-727-7/749 mrvru,.mass..Qov/dia. ACORD. DATE(MMWDIYYYY) CERTIFICATE OF LIABILITY INSURANCE oTE(MMM 010 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 polky,certain policies may require an endorsemwit A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CORrACr NAME: New England Heritage Insurance Agency Group, Inc. b AraEd: 781.439.S000 FA" N,:781.438.5028 335 Main Street E-MAIL. DDR SS; Stoneham, MA 02180 PRflDucER ID M INSURER(S)AFFORDING COVERAGE MAIC 1t INSURED INSURERA: National Grange Mutual 14788 McCullough, Steve INSURER 0: Travelers Indemnity Co. 256S8 DBA: Red Tail Construction INSUReeC; 733 Turnpike St. Unit 192 INSURER D: North Andover, MA 01845 INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER:Master 10 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE USTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR.I TYPE OF INSURANCE �L S POLICY NUMBER wDDfYYYY MPOLICY EFF POLCY EXP . LfNITS LTR' UISR.NND GENERALLIABUJTY MP3101 0710312010 07103120'11 EACH OCCURRENCE $ 1,000, RENTED�ERCML GENERAL LIABILITYp EMISESAMAGE � $ S00,OOLAIMSIMADE [in f OCCUR MED EXP(Any one person) S S'0001 A PERSONAL&ADV INJURY S 11000,00 GENERAL AGGREGATE S 2,000,000 NEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMPIOP AGG S 2,000,000 POLICY JECT n LOC $ AUTOMOBRE LIABILITY COMBINED SINGLE LIMIT _ (Ea accident) _-�ANY AUTO - ,BODILY INJURY(Per person) S ALL OWNED AUTOS BODILY INJURY(Per accident) S SCHEDULED AUTOS PROPERTY DAMAGE HIRED AUTOS (Pm dOIXderiq $ _ NON-0WNED AUTOS S $ UMBRELLA LIAB OCC JR EACH OCCURRENCE $ w CESS UAB CLAIMS MADE AGGREGATE $ DEDUCTIBLE $ RETENTION $ S WORVUMCOMPENSATION 60B06071476-4-10.041(1=010 04M=11 7 VYCSTATT H-• 'AND EMPLOYERS'LIABILITY YIN TORY LI ANY PROPRIETORIPARTNERIEXECUTIVEQ CERTIFICATE WILL E.L.EACH ACCIDENT $ S0010091 B OFFICERIMEMBEREXCLUDEDB NIA FORWARDED BY CARRI E.L.DMEASE-EAEMPLOY $ S00,ON (Mandatory in NII) If yes,describe under E.L.DISEASE-POLICY LIMIT S 500,000 DESCRIPTION OF OPERATIONS below DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES(Attach ACORD 101,Additional Remarks Sdmhde,If more space is r"Wrad) Subject to the terms, conditions, endorsements, and exclusions of the policy. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. Mary Mania AUTHORIZED REPRESENTATIVE -017 263 Candlestick Road N. Andover, MA 01845 William Kell AD ©1988-2008 ACORD CORPORATION. All rights reserved. ACORD 25(2009109) The ACORD name and logo are registered marks of ACORD nGttia 1-I) S,- L 11 'I r !1 a Pit' 2�cld ar✓�15 ---� T y�.brcrl,o�k G&W posh- S� f 3e6.j Yl �x to ?'T 16 v,C , LGg�� F(4sr~4�' Is� 2 � � r Ai 1 40 F- a Deck Replace same size as existing;263 Candlestick Rd North Andover, MA Replace Older Deck with same size new composite deck; old deck has 2X8s; new deck will be 2x1 Q pt --- - - - - - _ with composte surface boards and composite rails; - - - - - - - - - - new concrete piers 4' below grade 12"sono tube-gaiv post base with anchor bolts;post pt 4X6; Inew ledgar board timber locked to sill and new flashing where house meets ledgar board 'x DN concrete piers 4`below*grade;12" sono tube;anchor bolts,post base 9-5112" 11033 _ _ _ _ _ 3068 _ _ _ _ _ _ _ _ _ _ - - - - --- - - - - - - - _ N xCS°�-sr1.� ajS-, 5m - a N Kitchen 3a66 i LIVING AREA 1459 sq ft IL