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Home My WebLink AboutBuilding Permit #485 - 351 WILLOW STREET 1/20/2010TOWN OF NORTH ANDOVER APPLICATION FOR PLAN EXAMINATION Permit NO: TS 5 Date Received Date Issued: "Zd'/0 !{t,-/ /,/JA"OR IMPT: Annhcant must complete all items on this LOCATION 3AK6 `AI .-rayl 351 AJ144e 6M 66 -r .1W A AvboVee, �9 Print PROPERTY OWNER MA6� W &��4rY Print MAP NO: et;�_PARCEL: ZONING DISTRICT: Historic District yes no Machine Shop Village yes no TYPE OF IMPROVEMENT PROPOSED USE Residential Non- Residential New Building One family Addition Two or more family ✓Industrial ,/Alteration No. of units: Commercial Repair, replacement Assessory Bldg Others: Demolition Other Septic Well Floodplain Wetlands Watershed District ;/Water/Sewer DESCRIPTION OF WORK TO BE PERFORMED: Identification Please Type or Print Clearly) OWNER: Name: Phone: Address: CONTRACTOR Name:.. /ntC. Phone: 6-17-3Z8 -74 Address: aA`a 4K, I,ove 1fic4 4,e.,xrlr4oy ,?�1�f 0✓9 celsv/,v J W1C.? Supervisor's Construction License: e-5 432,6p Exp. bate: 1t� /, /t Home Improvement License: Exp. Date: ARCHITECT/ENGINEER 14,92K eA,9,V1e4&1 Phone: 1.1.7' 3a8--7899 Z �3a r».syn�.�Qry PAa� Address:) P/nJ& sitz be , .c,„rz� 46o Qz)%vol .4f4-0011,9 Reg. No. 9154, FEE SCHEDULE: BOLDING PERMIT. $12.00 PER $1000.00 OF THE TOTAL ESTIMATED COST BASED ON $125.00 PER S.F. Total Project Cost: $ /� y3�, �� % FEE: $ / ri Check No.: Receipt No.: NOTE: Persons contracting with unregist ontractors do.snot have access to the guaranty fund __. _ _ _ 6f --A -s _ _ . _ --e _ __ _- -____ _ _ _ - ----- Signature of Agent/Owne Signature of contractor Plans Submitted Plans Waived Certified Plot Plan Stamped Plans TYPE OF SEWERAGE DISPOSAL Public Sewer Tanning/Massage/Body Art Swimming Pools Well Tobacco Sales Food Packaging/Sales Private (septic tank, etc. Permanent Dumpster on Site THE FOLLOWING SECTIONS FOR OFFICE USE ONLY INTERDEPARTMENTAL SIGN OFF - U FORM DATE REJECTED DATE APPROVED PLANNING & DEVELOPMENT / PP COMMENTS / 4— CONSERVATION Reviewed on Signature COMMENTS HEALTH COMMENTS Reviewed Zoning Board of Appeals: Variance, Petition No: Zoning Decision/receipt submitted yes _ Planning Board Decision: Comments Conservation Decision: Comments ,a -l - l4- Zola 4 -Water &Sewer Connection/Signature &D Drivewa Permit DPW Town Engineer: Signature: Located 384 Osgood Street FIRE DEPARTMENT - Temp Du Aster on site yes no Located at 124 Main Street Fire Department signature/date `V � - ' _ _. -- -X / 1 COMMENTS Dimension Number of Stories: Total square feet of floor area, based on Exterior dimensions. Total land area, sq. ft.: ELECTRICAL: Movement of Meter location, mast or service drop requires approval of Electrical Inspector Yes No DANGER ZONE LITERATURE: Yes No MGL Chapter 166 Section 21A —F and G min.$100-$1000 fine NOTES and DATA — For department use ❑ Notified for pickup - Date Doc:.Building Permit Revised 2008 Building Department The following is a list of the required forms to be filled out for the appropriate permit to be obtained. Roofing, Siding, Interior Rehabilitation Permits ❑ Building Permit Application ❑ Workers Comp Affidavit ❑ Photo Copy Of H.I.C. And/Or C.S.L. Licenses ❑ Copy of Contract ❑ Floor Plan Or Proposed Interior Work ❑ Engineering Affidavits for Engineered products NOTE: All dumpster permits requirb 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: Doc.Building Permit Revised 2008 Location 3!� l to -Pap-,) S77- No. rNo. xs- Date NORTIy TOWN OF NORTH ANDOVER Of"� '•,h0 OL SI Certificate of Occupancy $ ��SsuMUs Building/Frame Permit Fee $� Foundation Permit Fee $ Other Permit Fee $ TOTAL $ Check # 3 2L%Liu Building Inspector STANDARD FORM OF DESIGN -BUILD AGREEMENT AND GENERAL CONDITIONS BETWEEN OWNER AND CONTRACTOR (Where the Basis of Payment is the Cost of the Work Plus a Fee, with a Guaranteed Maximum Price Option) ARTICLE 1 AGREEMENT This Agreement is made this 19th day of January in the year 2010, by and between the OWNER Muffin Realty Trust 351 Willow Street South North Andover, MA 01845 and the CONTRACTOR CMC Associates, Inc. 2 Batterymarch Park 1 Pine Hill Drive Quincy, MA 02169 for services in connection with the following PROJECT Renovation of an existing warehouse to an approximately 10,000 square foot bakery. Notice to the parties shall be given at the above addresses AGC DOCUMENT NO 410 • STANDARD FORM OF DESIGN -BUILD AGREEMENT AND GENERAL CONDITIONS BETWEEN OWNER AND CONTRACTOR © 1993, Associated General Contractors of America ARTICLE 2 GENERAL PROVISIONS 2.1 Team Relationship The Owner and the Contractor agree to proceed with the Project on the basis of trust, good faith and fair dealing, and shall take all actions reasonably necessary to perform this Agreement in an economical and timely manner, including consideration of design modifications and alternative materials or equipment that will permit the Work to be constructed within the Guaranteed Maximum Price (GMP) and by the date of Substantial Completion. In no event shall there be a deviation from the Contract Documents without the approval of the Owner. The Contractor agrees to procure the architectural and engineering services set forth below, and to furnish construction and administration of the Work. 2.2 Architect/Engineer Architectural and engineering services shall be procured from licensed, independent design professionals retained by the Contractor or furnished by licensed employees of the Contractor, or as permitted by the law of the state where the Project is located. The person or entity providing architectural and engineering services shall be referred to as the Architect/Engineer. If the Architect/Engineer is an independent design professional, the architectural and engineering services shall be procured pursuant to a separate agreement between the Contractor and the Architect/Engineer. The Architect/Engineer for the Project is: CMC Associates, Inc. 2.3 Extent of Agreement This Agreement is solely for the benefit of the parties, represents the entire agreement between the parties, and supersedes all prior negotiations, representations or agreements, either written or oral, including the drawings previously prepared by all other designers. When the Drawings and Specifications are complete, they shall be identified by amendment to this Agreement. This Agreement may be amended only by written instrument signed by both Owner and Contractor. 2.4 Definitions .1 The "Contract Documents" consist of: a. Change Orders and written amendments to this Agreement signed by both the Owner and Contractor; b. this Agreement except for the existing Contract Documents set forth in item d. below; c. the information provided by the Owner pursuant to Clause 4.1.2.1; d. the Contract Documents in existence at the time of execution of this Agreement which are set forth in Article 15; and e. the Owner's Program provided pursuant to Subparagraph 4.1.1. In case of any inconsistency, conflict or ambiguity among the Contract Documents, the Documents shall govern in the order in which they are listed above. .2 The "Work" is the Design Services procured in accordance with Paragraph 3.1, the GMP provided in accordance with Paragraph 3.2, the Construction Phase Services provided in accordance with Paragraph 3.3, and other services which are necessary to complete the Project in accordance with and reasonably inferable from the Contract Documents. AGC DOCUMENT NO 410 • STANDARD FORM OF DESIGN -BUILD AGREEMENT AND GENERAL CONDITIONS BETWEEN OWNER AND CONTRACTOR © 1993, Associated General Contractors of America .3 The term "day" shall mean a calendar day. .4 "Substantial Completion" of the Work, or of a designated portion, occurs on the date when construction is sufficiently complete in accordance with the Contract Documents so that the Owner can occupy or utilize the Project, or a designated portion, for the use for which it is intended. .5 The "Owner's Program" is an initial description of the Owner's objectives, including budgetary and time criteria, space requirements and relationships, flexibility and expandability requirements, special equipment and systems, and site requirements. ARTICLE 3 CONTRACTOR'S RESPONSIBILITIES The Contractor shall be responsible for procuring the design and for the construction of the Work consistent with the Owner's Program. The Contractor shall exercise reasonable skill and judgment in the performance of its services, but does not warrant or guarantee schedules and estimates other than those that are part of the GMP proposal. 3.1 Design Services 3.1.1 Preliminary Schedule The Contractor shall prepare a preliminary schedule of the Work for the Owner's written approval. The schedule shall show the activities of the Owner, Architect/Engineer and Contractor necessary to meet the Owner's completion requirements. The schedule shall be updated periodically with the level of detail for each schedule update reflecting the information then available. If an update indicates that a previously approved schedule will not be met, the Contractor shall recommend corrective action to the Owner in writing. 3.1.2 Schematic Design Documents The Contractor shall submit for the Owner's written approval Schematic Design Documents, based on the Owner's Program and other relevant information. Schematic Design Documents shall include drawings, outline specifications and other conceptual documents illustrating the Project's basic elements, scale, and their relationship to the site. One set of these documents shall be furnished to the Owner. The Contractor shall update the preliminary schedule and estimate based on the Schematic Design Documents. 3.1.3 Design Development Documents The Contractor shall submit for the Owner's written approval Design Development Documents based on the approved Schematic Design Documents. The Design Development Documents shall further define the Project including drawings and outline specifications fixing and describing the Project size and character, and other appropriate elements incorporating the structural, architectural, mechanical and electrical systems. One set of these documents shall be furnished to the Owner. The Contractor shall update the schedule and estimate based on the Design Development Documents. 3.1.4 Construction Documents The Contractor shall submit for the Owners written approval Construction Documents based on the approved Design Development Documents. The Construction Documents shall set forth in detail the requirements for construction of the Work, and shall consist of Drawings and Specifications based upon codes, laws or regulations enacted at the time of their preparation. Construction shall be in accordance with these approved Construction Documents. 3.1.5 Ownership of Documents All Documents shall remain the property of the Contractor and are not to be used by the Owner without the written consent of the Contractor. Reference is made to the facts that: (i) prior to the Contractor's involvement with the Project, the Owner engaged another architectural/engineering firm, The AGC DOCUMENT NO 410 • STANDARD FORM OF DESIGN -BUILD AGREEMENT AND GENERAL CONDITIONS BETWEEN OWNER AND CONTRACTOR 0 1993, Associated General Contractors of America Dennis Group ("Prior Designer") to commence the preparation of the construction documents in connection with the Project, and (ii) the Owner has requested that the Contractor use the construction documents which the Prior Designer prepared ("Prior Documents") in connection with the Project as the basis for the Documents which the Contractor is required to prepare for the Project. The Owner hereby represents to the Contractor that the Owner has full ownership of the Prior Documents, and that the Owner has the right to use the Prior Documents in any manner which the Owner deems fit, including without limitation, directing the Contractor to use the Prior Documents as the basis for the Documents which the Owner is required to prepare for the Project. Further, the Owner agrees to indemnify, defend, and hold the Contractor, and its agents, employees or contractors, from all claims, losses and damages (including, without limitation, reasonable attorneys fees and any claims asserted by the Prior Designer) which are based upon any breach of the Owner's representations under this Section 3.1.5 AGC DOCUMENT NO 410 • STANDARD FORM OF DESIGN -BUILD AGREEMENT AND GENERAL CONDITIONS BETWEEN OWNER AND CONTRACTOR C 1993, Associated General Contractors of America 3.2 Guaranteed Maximum Price 3.2.1 The Contractor guarantees that the maximum price to the Owner for the Cost of the Project as set forth in Article 8, and the Contractor's Fee as set forth in Article 7, will not exceed $1,433,167.00 which sum shall be called the "Guaranteed Maximum Price." 3.2.2 The Guaranteed Maximum Price is based upon laws, codes, and regulations in existence at the date of its establishment and upon criteria, and Drawings, as set forth below. In case of conflict, the documents shall take precedence in the order listed below: Exhibit A (Scope of Work dated December 1, 2009) Exhibit B (Schedule of Existing Drawings as prepared by another designer dated December 3, 2009) Exhibit C (Schedule of Values dated December 1, 2009) Exhibit D (Letter of Intent dated December 1, 2009) 3.2.3 The Guaranteed Maximum Price will be modified for delays outside of the Contractor's direct control and for Changes in the Project, all pursuant to Article 9. 3.2.4 Allowances included in the Guaranteed Maximum Price are as set forth below: NO ALLOWANCES ARE LISTED IN THIS SCOPE OF WORK. Whenever the cost is more than or less than the Allowance, the GMP shall be adjusted by Change Order. 3.2.5 The estimated Cost of the Work may include the Contractor's contingency, a sum established by the Contractor for use at the Contractor's discretion to cover costs which are properly reimbursable as a Cost of the Work but are not the basis for a Change Order. 3.2.6 Basis of Guaranteed Maximum Price The Contractor shall include with the GMP proposal a written statement of its basis, which shall include: .1 a list of the drawings and specifications, including all addenda, which were used in preparation of the GMP proposal; .2 a list of allowances and a statement of their basis; .3 a list of the assumptions and clarification's made by the Contractor in the preparation of the GMP proposal to supplement the information contained in the drawings and specifications; .4 the date of Substantial Completion upon which the proposed GMP is based, and the Schedule of Work upon which the date of Substantial Completion is based; .5 schedule of applicable alternate prices; .6 schedule of applicable unit prices; and .7 statement of Additional Services included, if any. AGC DOCUMENT NO 410 • STANDARD FORM OF DESIGN -BUILD AGREEMENT AND GENERAL CONDITIONS BETWEEN OWNER AND CONTRACTOR © 1993, Associated General Contractors of America 3.2.7 The GMP and the date of Substantial Completion shall be subject to modification by changes in the Work as provided in Articles 6 and 9. 3.2.8 The GMP shall include in the Cost of the Work those taxes which are applicable at the time the GMP is established. If in accordance with the Owner's direction an exemption is claimed for taxes, the Owner agrees to indemnify, defend and hold the Contractor harmless for any liability, penalty, interest, fine, tax assessment, attorney's fees or other expense or cost incurred by the Contractor in accordance with the Owner's direction. 3.3 Construction Services 3.3.1 The Construction will commence immediately per the Letter of Intent executed on December 1, 2009. 3.3.2 In order to complete the Work, the Contractor shall provide all necessary construction supervision, inspection, construction equipment, labor, materials, tools, and subcontracted items. 3.3.3 The Contractor shall give all notices and comply with all laws and ordinances legally enacted at the date of execution of the Agreement which govern the proper performance of the Work. 3.3.4 The Contractor will prepare and submit for the Owner's approval an estimated progress schedule for the Project. This schedule shall indicate the dates for the starting and completion of the various stages of the construction. It shall be revised as required by the conditions of the Work and those conditions and events which are beyond the Contractor's direct control. 3.3.5 The Contractor shall assist the Owner in securing the building permits necessary for the construction of the Proj ect. 3.3.6 The Contractor shall take necessary precautions for the safety of its employees on the Project, and shall comply with all applicable provisions of federal, state and municipal safety laws to prevent accidents or injury to persons on, about or adjacent to the Project site. The Contractor, directly or through its Subcontractors, shall erect and properly maintain at all times, as required by the conditions and progress of the Work, necessary safeguards for the protection of workers and the public. The Contractor, however, shall not be responsible for the elimination or abatement of safety hazards created or otherwise resulting from work at the Project site carried on by the Owner or its employees, agents, separate contractors or tenants. The Owner agrees to cause its employees, agents, separate contractors and tenants to abide by and fully adhere to all applicable provisions of federal, state and municipal safety laws and regulations. The above provision shall not relieve Subcontractors of their responsibility for the safety of persons or property in the performance of their work, nor for compliance with all applicable provisions of relevant laws. 3.3.7 The Contractor shall keep such full and detailed accounts as may be necessary for proper financial management under this Agreement. The Contractor shall preserve all such records for a period of three years after the final payment or longer where required by law. 3.3.8 At all times the Contractor shall maintain the site of the Work reasonably free from debris and waste materials resulting from the Work. At the completion of the Work, the Contractor shall remove from the premises all construction equipment, tools, surplus materials, waste materials and debris for which the Contractor or its Subcontractors are responsible. AGC DOCUMENT NO 410 • STANDARD FORM OF DESIGN -BUILD AGREEMENT AND GENERAL CONDITIONS BETWEEN OWNER AND CONTRACTOR © 1993, Associated General Contractors of America 3.4 Hazardous Material 3.4.1 A "Hazardous Material" is any substance or material identified now or in the future as hazardous under any federal, state, or local law or regulation, or any other substance subject to statutory or regulatory requirements governing handling, disposal and/or clean-up. The Contractor shall not be obligated to commence or continue Work until any known or suspected Hazardous Material discovered at the Project site has been removed, rendered or determined to be harmless by the Owner as certified by an independent testing laboratory and approved by the appropriate government agency. 3.4.2 If after the commencement of the Work, known or suspected Hazardous Material is discovered at the Project site, the Contractor shall be entitled to immediately stop Work in the affected area, and the Contractor shall report the condition to the Owner. 3.4.3 The Contractor shall not be required to perform any Work relating to or in the area of known or suspected Hazardous Material without written mutual agreement. 3.4.4 The Owner shall be responsible for retaining an independent testing laboratory to determine the nature of the material encountered and whether it is a Hazardous Material requiring corrective measures and/or remedial action. Such measures shall be the sole responsibility of the Owner, and shall be performed in a manner minimizing any adverse effect upon the Work of the Contractor. The Contractor shall resume Work in the area affected by any Hazardous Material only upon written agreement between the parties after the Hazardous Material has been removed or rendered harmless. 3.4.5 If the Contractor incurs additional costs and/or is delayed due to the presence of know or suspected Hazardous Material, the Contractor shall be entitled to an equitable adjustment in the GMP and/or the date of Substantial Completion. The presence of any Hazardous Material will be considered an unknown condition as per Paragraph 9.5. 3.4.6 To the fullest extent permitted by law, the Owner shall defend, indemnify and hold harmless the Contractor, Architect/Engineer, Subcontractors and Subsubcontractors, and the agents, officers, directors and employees of each of them, from and against any and all claims, damages, losses, costs and expenses, whether direct, indirect or consequential, including but not limited to attorney's fees, costs and expenses incurred in connection with litigation or arbitration, arising out of or relating to the performance of the Work in any area affected by Hazardous Material. 3.4.7 The terms of this Paragraph 3.4 shall survive the completion of the Work under this Agreement and/or any termination of this Agreement. 3.6 Tax Exemption If in accordance with the Owner's direction an exemption is claimed for taxes, the Owner agrees to defend, indemnify and hold the Contractor harmless from any liability, penalty, interest, fine, tax assessment, attorneys fees or other expense or cost incurred by the Contractor as a result of any action taken by the Contractor in accordance with the Owner's direction. 3.7 Warranties and Completion 3.7.1 The Contractor warrants to the Owner that all materials and equipment furnished under this Agreement will be new, unless otherwise specified. Contractor further warrants that all Work will be of good quality, free from improper workmanship and defective materials and in conformance with the Drawings and Specifications. The Contractor agrees to correct all Work performed by him under this Agreement which proves to be defective in material and workmanship AGC DOCUMENT NO 410 • STANDARD FORM OF DESIGN -BUILD AGREEMENT AND GENERAL CONDITIONS BETWEEN OWNER AND CONTRACTOR © 1993, Associated General Contractors of America within a period of two years from the Date of Substantial Completion of the Work or a designated portion thereof as defined in Paragraph 6.2, or for such longer periods of time as may be set forth with respect to specific warranties contained in the Specifications. This warranty is expressly in lieu of all other rights and remedies at law or in equity. 3.7.2 Those products, equipment, systems or materials incorporated in the Work at the direction of or upon the specific request of the Owner shall be covered exclusively by the warranty of the manufacturer. There are no warranties which extend beyond the description on the face thereof. All other warranties expressed or implied including the warranty of merchantability and the warranty of fitness for a particular purpose are expressly disclaimed. 3.7.3 The Contractor shall collect all written warranties and equipment manuals and deliver them to the Owner. 3.7.4 With the assistance of the Owner's maintenance personnel, the Contractor shall direct the checkout of utilities and operations of systems and equipment for readiness, and assist in their initial start-up and testing. ARTICLE 4 OWNER'S RESPONSIBILITIES 4.1 Information and Services Provided by Owner 4.1.1 The Owner shall provide full information in a timely manner regarding requirements for the Project, including the Owner's Program and other relevant information. 4.1.2 The Owner shall provide: .1 all necessary information describing the physical characteristics of the site, including surveys, site evaluations, legal descriptions, existing conditions, subsurface and environmental studies, reports and investigations; .2 inspection and testing services during construction as required by law or as mutually agreed; and .3 unless otherwise provided in the Contract Documents, necessary approvals, site plan review, rezoning, easements and assessments, necessary permits, fees and charges required for the construction, use, occupancy or renovation of permanent structures, including legal and other required services. 4.1.3 The Owner shall provide reasonable evidence satisfactory to the Contractor, prior to commencing the Work and during the progress of the Work, that sufficient funds are available and committed for the entire cost of the Project, including an allowance for changes in the Work as may be approved in the course of the Work. Unless such reasonable evidence is provided, the Contractor shall not be required to commence or continue the Work. The Contractor may stop Work after five (5) days' written notice to the Owner if such evidence is not presented within a reasonable time. The failure of the Contractor to insist upon the providing of this evidence at any one time shall not be a waiver of the Owner's obligation to make payments pursuant to this Agreement, nor shall it be a waiver of the Contractor's right to request or insist that such evidence be provided at a later date. 4.1.4 The services and information required by the above paragraphs shall be furnished with reasonable promptness at the Owner's expense and the Contractor shall be entitled to rely upon the accuracy and the completeness thereof. AGC DOCUMENT NO 410 • STANDARD FORM OF DESIGN -BUILD AGREEMENT AND GENERAL CONDITIONS BETWEEN OWNER AND CONTRACTOR © 1993, Associated General Contractors of America 4.2 Owner's Responsibilities During Design Phase The Owner shall provide the Owner's Program at the inception of the Design Phase and shall review and timely approve schedules, estimates, and Construction Documents and other information furnished by the Contractor. 4.2.1 Reference is made to the facts that: (i) the Project is based upon plans ("Existing Plans") which were prepared by another designer, and (ii) the parties contemplate that the Contractor will use the Existing Plans as the basis for preparing the final stamped Construction Documents for the Project. In order to induce the Contractor to enter into this Agreement, the Owner hereby represents and agrees with the Contractor as follows: .1 The Owner hereby represents to the Contractor that the Owner has the full right and ownership of the Existing Plans and that the Owner has the right to allow the Contractor to use the Existing Plans as the basis for preparing the Construction Documents for the Project. .2 The Owner hereby agrees to indemnify, defend, and hold the Contractor harmless from all losses, costs and damages (including, without limitation, reasonable attorneys fees) arising from the Contractor's use of the Existing Plans, including, without limitation, any losses, costs and damages arising based upon any breach by the Owner of its representations set forth in Paragraph 1 above. 4.3 Owner's Responsibilities During Construction Phase 4.3.1 The Owner shall review and timely approve the Schedule of the Work as set forth in Subparagraph 3.3.4. 4.3.2 If the Owner becomes aware of any error, omission or failure to meet the requirements of the Contract Documents or any fault or defect in the Work, the Owner shall give written notice to the Contractor within seven days. 4.3.3 The Owner shall communicate with the Contractor's Subcontractors, suppliers and Architect/ Engineer only through the Contractor. The Owner shall have no contractual obligations to Subcontractors, suppliers, or the Architect/Engineer. 4.3.4 The Owner shall provide insurance for the Project a provided in Article 11. 4.3.5 The Owner shall bear the costs of any bonds that may be required. 4.4 Owner's Representative The Owner shall designate a representative who shall be fully acquainted with the Project. Said representative shall have authority to bind the Owner in all matters requiring the Owner's approval, authorization or written notice, render decisions promptly, and furnish information expeditiously and in time to meet the dates set forth in regard to Subparagraph 3.3.4. If the Owner changes its representative or the representative's authority as listed above, the Owner shall notify the Contractor in advance in writing. ARTICLE 5 SUBCONTRACTS Work not performed by the Contractor with its own forces shall be performed by Subcontractors. 5.1 Subcontractors A "Subcontractor" is a person or entity who has an agreement with the Contractor to perform any portion of the Work. The term Subcontractor does not include the Architect/Engineer or any separate contractor AGC DOCUMENT NO 410 • STANDARD FORM OF DESIGN -BUILD AGREEMENT AND GENERAL CONDITIONS BETWEEN OWNER AND CONTRACTOR © 1993, Associated General Contractors of America employed by the Owner or any separate contractor's subcontractors. A "Subsubcontractor" is a person or entity who has an agreement with a Subcontractor to perform any portion of the Subcontractor's Work. 5.2 Management of Subcontractors No contractual relationship shall exist between the Owner and any Subcontractor. The Contractor shall be responsible for the management of the Subcontractors in the performance of their Work. If a contractual relationship is established between the Owner and one or more of Contractor's Subcontractors during the construction of the Project and in connection with work to be done at, in, on or in regard to the premises of the Project, the Contractor shall receive an amount equal to the proportion of the Contractor's fee to the Cost of the Work multiplied by the amount of the contract between Owner and Subcontractor directly from the Owner, which amount will not be credited toward the GMP. It is the Owner's duty to notify the Contractor of any such contract(s) and failure to do so will be considered a material breach of this Agreement. ARTICLE 6 CONTRACT TIME 6.1 Commencement of the Work The Work shall commence on or about December 2, 2009, and shall proceed in general accordance with the Schedule of Work as such schedule may be amended from time to time, subject, however, to the provisions of Paragraph 4.3 and Subparagraph 4.1.3; and shall be Substantially Completed on or about four months from full release to proceed in the field. 6.2 Substantial Completion The Date of Substantial Completion of the Project or a designated portion thereof is the date when: i Construction is sufficiently complete in accordance with the Drawings and Specifications so the Owner can occupy or utilize the Project or designated portion thereof for the use for which it is intended and ii a temporary occupancy permit is secured, provided however that obtaining a temporary occupancy permit shall not be a condition to Substantial Completion if the reason the Contractor is unable to obtain such permit is for causes beyond the Contractor's reasonable control. Warranties called for by this Agreement or by the Drawings and Specifications shall commence on the Date of Substantial Completion of the Project or designated portion thereof. At that time the Owner shall generate a list of the items to be completed or corrected and, together with the Contractor, shall fix the time for their completion and correction. In any case, actual occupancy of all or part of the Project is to be considered Substantial Completion of the Project or the designated portion thereof. 6.3 Delays in the Work 6.3.1 If causes beyond the Contractor's control delay the progress of the Work, then the GMP, compensation for Design Services, the Contractor's Fee and/or the date of Substantial Completion shall be equitably adjusted by Change Order. Such causes shall include but not be limited to: changes ordered in the Work, acts or omissions of the Owner or separate contractors employed by the Owner, stoppage of the Work pending dispute resolution, stoppage of the Work due to late or non-payment by the Owner, Hazardous Materials, differing site conditions, adverse weather conditions not reasonably anticipated, fire, unusual transportation delays, labor disputes, or unavoidable accidents or circumstances. 6.3.2 In the event delays to the Project are encountered for any reason, the parties agree to undertake reasonable steps to mitigate the effect of such delays. AGC DOCUMENT NO 410 • STANDARD FORM OF DESIGN -BUILD AGREEMENT AND GENERAL CONDITIONS BETWEEN OWNER AND CONTRACTOR © 1993, Associated General Contractors of America ARTICLE 7 COMPENSATION 7.1 Initial Payment Upon execution of this Agreement an initial payment of $30,000.00 shall be made to the Contractor. The amount of the initial payment shall be credited to the Owner's account at Final Payment. 7.2 Design Phase Compensation 7.2.1 The cost of services performed directly by the Architect/Engineer is computed separately and is independent from the Contractor's compensation for work or services directly performed by the Contractor; these costs shall be shown as separate items on applications for payment. If an Architect/Engineer is retained by the Contractor, the payments to the Architect/Engineer shall be as detailed in a separate agreement between the Contractor and Architect/Engineer. 7.2.2 The Owner shall compensate the Contractor for services performed during the Design Phase as described in Paragraph 3.1 including preparation of a GMP as described in Paragraph 3.2 as outlined in Exhibit D. 7.2.3 Compensation for Design Services shall be equitably adjusted if such services extend beyond thirty (30) days from the date of this Agreement for reasons beyond the control of the Contractor or as provided in Paragraph 9.1. For changes in Design Services, compensation shall be adjusted on an actual cost basis. 7.2.4 Payments for Design Services shall be due and payable within ten (10) days following presentation of Contractor's monthly invoice to the Owner. If the Owner fails to pay the Contractor as agreed, then the Contractor shall have the right to stop the Work, and be entitled to payments due plus interest as provided in Subparagraphs 10.1.4 and 10.1.5. 7.3 Construction Phase Compensation 7.3.1 The Owner shall compensate the Contractor for Work performed following the commencement of the Construction Phase on the following basis: .l the Cost of the Work as allowed in Article 8; and .2 the Contractor's Fee in the amount of One Hundred Thirty Thousand Two Hundred Eighty Eight Dollars ($130,288.00), subject to adjustment as provided in Paragraph 7.5. The Contractor's Fee shall be paid monthly in an amount equal to the proportionate share of the fee in relation to the Cost of Work completed during that month. 7.3.2 The compensation to be paid under this Paragraph 7.3 shall be limited to the GMP as it may be adjusted under Article 9. In the event the Cost of the Work plus the Contractor's Fee shall be less than the GMP as adjusted by Change Orders, the resulting savings shall be shared by the Owner and the Contractor as follows: 80% to the Owner and 20% to the Contractor. 7.3.3 Payment for Construction Phase Services shall be as set forth in Article 10. If Design Phase Services continue to be provided after construction has commenced, the Contractor shall also continue to be compensated as provided in Paragraph 7.2, or as mutually agreed. 7.4 Contractor's Fee AGC DOCUMENT NO 410 • STANDARD FORM OF DESIGN -BUILD AGREEMENT AND GENERAL CONDITIONS BETWEEN OWNER AND CONTRACTOR 0 1993, Associated General Contractors of America 7.4.1 In consideration of the performance of the Agreement, the Owner agrees to pay to the Contractor in current funds as compensation for his services a Fee as follows: The Contractor's Fee shall be equal to 10% of the Cost of the Work which equates to ($130,288.00). 7.4.2 Included in the Contractor's Fee are the following: salaries or other compensation of the Contractor's employees at the principal office and branch offices; general operating expenses of the Contractor's principal and branch offices other than the field office; any part of the Contractor's capital expenses, including interest on the Contractor's capital employed for the Project; overhead or general expenses of any kind, except as may be expressly included in Article 8; and costs in excess of the Guaranteed Maximum Price. 7.5 Adjustment in the Contractor's Fee Adjustment in the Contractor's Fee shall be made as follows: .1 for changes in the Work as provided in Article 9, the Contractor's Fee shall be adjusted as follows: The adjustment in the Contractor's Fee shall be equal to 10% of the adjustment in the Cost of the Work .2 for delays in the Work not the responsibility of the Contractor, there will be an equitable adjustment in the Contractor's Fee to compensate the Contractor for increased expenses. .3 if the Contractor is placed in charge of managing the replacement of an insured or uninsured loss, the Contractor shall be paid an additional Fee in the same proportion that the Contractor's Fee bears to the estimated Cost of the Work. ARTICLE 8 COST OF THE WORK The Owner agrees to pay the Contractor for the Cost of the Work as defined in this Article. This payment shall be in addition to the Contractor's Fee stipulated in Article 7. 8.1 The Cost items are as follows: 8.1.1 Cost of all materials, supplies and equipment incorporated in the Work, including costs of inspection, testing, transportation, storage and handling. 8.1.2 Payments made by the Contractor to Subcontractors for work performed under this Agreement. 8.1.3 Cost, including transportation and maintenance of all materials, supplies, equipment, temporary facilities and hand tools not owned by the workers that are used or consumed in the performance of the Work, less salvage value; and cost less salvage value on such items used, but not consumed that remain the property of the Contractor. 8.1.4 Rental charges of all necessary machinery and equipment, exclusive of hand tools owned by workers, used at the site of the Work, whether rented from the Contractor or others, including installation, repair and replacement, dismantling, removal, maintenance, transportation and delivery costs at rental charges consistent with those prevailing in the area. AGC DOCUMENT NO 410 • STANDARD FORM OF DESIGN -BUILD AGREEMENT AND GENERAL CONDITIONS BETWEEN OWNER AND CONTRACTOR © 1993, Associated General Contractors of America 8.1.5 Sales, use, gross, receipts or other taxes, tariffs or duties related to the Work for which the Contractor is liable. 8.1.6 Permits, fees, licenses, tests, royalties, damages for infringement of patents and/or copyrights, including costs of defending related suits for which the Contractor is not responsible as set forth in Paragraph 3.5, and deposits lost for causes other than the Contractor's negligence. 8.1.7 Losses, expenses or damages to the extent not compensated by insurance or otherwise, and the cost of corrective work during the Construction Phase and for a period of one year following the date of Substantial Completion. 8.1.8 Costs incurred due to an emergency affecting the safety of persons and/or property. 8.1.9 Intentionally deleted 8.1.10 Insurance premiums associated with performance of the Work or in connection with the Project. 8.1.11 All costs directly incurred in the performance of the Work or in connection with the Project, and not included in the Contractor's Fee as set forth in Article 7, which are reasonably inferable from the Contract Documents as necessary to produce the intended results. 8.1.12 General Conditions and Supervision as outlined in the Scope of Work (Exhibit A) and monetized under a lump sum General Conditions in the Schedule of Values (Exhibit Q. 8.1.13 Architectural and engineering services. 8.2 Discounts All discounts for prompt payment shall accrue to the Owner. All trade discounts, rebates and refunds, and all returns from sale of surplus materials and equipment, shall accrue to the Owner. ARTICLE 9 CHANGES IN THE PROJECT Changes in the Work which are within the general scope of this Agreement may be accomplished by Change Order without invalidating this Agreement. 9.1 Change Orders A "Change Order" is a written instrument, issued after execution of this Agreement, signed by the Owner and Contractor stating their agreement upon a change and the adjustment in the GMP, compensation for Design Services, the Contractor's Fee and/or the date of Substantial Completion. 9.2 Determination of Cost An increase or decrease in the GMP resulting from a change in the Work shall be determined by one or more of the following methods: .1 a mutually accepted, itemized lump sum; .2 unit prices set forth in this Agreement or as subsequently agreed; .3 costs determined as defined in Paragraph 7.2 and Article 8 and a mutually acceptable Contractor's Fee as determined in Subparagraph 7.5.1; or AGC DOCUMENT NO 410 • STANDARD FORM OF DESIGN -BUILD AGREEMENT AND GENERAL CONDITIONS BETWEEN OWNER AND CONTRACTOR 0 1993, Associated General Contractors of America .4 if an increase or decrease cannot be agreed to as set forth in Subparagraphs 9.2.1 through 9.2.3 and the Owner issues a written order for the Contractor to proceed with the change, the cost of the change in the Work shall be determined by the reasonable expense and savings of the performance of the Work resulting from the change. If there is a net increase in the GMP, the Contractor's Fee shall be adjusted as set forth in Subparagraph 7.5.1. In case of a net decrease in the GMP, the Contractor shall maintain a documented, itemized accounting evidencing the expenses and savings. 9.3 No Obligation to Perform The Contractor shall not be obligated to perform changed Work until a Change Order has been executed by the Owner and Contractor. 9.4 Adjustment of Unit Prices If unit prices are stated in this Agreement or subsequently agreed upon, and if the quantities originally contemplated are so changed in a mutually agreed upon Change Order or as a result of several Change Orders that application of the agreed unit prices to the quantities of Work proposed will cause substantial. inequity to the Owner or the Contractor, the applicable unit prices and the GMP shall be equitably adjusted. 9.5 Unknown Conditions Should concealed or unknown conditions encountered in the performance of the Work below the surface of the ground or should concealed or unknown conditions in an existing structure be at variance with the conditions indicated by the Drawings, Specifications, Owner -furnished information, or other information or should unknown physical conditions below the surface of the ground or should concealed or unknown conditions in an existing structure of an unusual nature, differing materially from those ordinarily encountered and generally recognized as inherent in work of the character provided for in this Agreement, be encountered, the GMP, compensation for Design Services, the Contractor's Fee, and/or the date of Substantial Completion shall be equitably adjusted by Change Order within a reasonable time after the conditions are first observed. Any such equitable adjustment will represent the effects on any and all parts of the Work under this Agreement, whether or not Changed as a result of such conditions. 9.6 Claims for Additional Cost or Time If the Contractor wishes to make a claim for an increase in the GMP, compensation for Design Services, the Contractor's Fee or an extension of the Date of Substantial Completion he shall give the Owner written notice thereof within a reasonable time after the occurrence of the event giving rise to such claim. This notice shall be given by the Contractor before proceeding to execute the Work, except in an emergency endangering life or property in which case the Contractor shall act, at his discretion, to prevent threatened damage, injury or loss. Claims arising from delay shall be made within five days after the delay. Increases based upon design and estimating costs with respect to possible changes requested by the Owner, shall be made within five days after the decision is made not to proceed with the Change. Any change in the GMP, compensation for Design Services, the Contractor's Fee and/or the date of Substantial Completion resulting from such claim shall be authorized by Change Order. 9.7 Emergencies In any emergency affecting the safety of persons and/or property, the Contractor shall act, at its discretion, to prevent threatened damage, injury or loss. Any change in the GMP, compensation for Design Services, the Contractor's Fee and/or extension of the date of Substantial Completion on account of emergency work shall be determined as provided in this Article. AGC DOCUMENT NO 410 • STANDARD FORM OF DESIGN -BUILD AGREEMENT AND GENERAL CONDITIONS BETWEEN OWNER AND CONTRACTOR 0 1993, Associated General Contractors of America ARTICLE 10 PAYMENTS TO THE CONTRACTOR 10.1 Progress Payments 10.1.1 On or before the first day of each month after the Work has commenced, the Contractor shall submit to the Owner an Application for Payment consisting of the Cost of the Work performed up to the last day of the prior month, including the cost of material stored on the site or at other locations approved by the Owner, along with a proportionate share of the Contractor's Fee. The Application for Payment shall include five percent (5%) retainage to be held on all items included in the Application for Payment except Engineering, General Conditions and any payments to be made by the Contractor directly to material suppliers The Application for Payment shall include a Schedule of Values and the value of all accepted Changes Orders to date The Application for Pavment shall be based upon and include copies of all bills and invoices from all Subcontractors, Subsubcontractors material suppliers, and service suppliers having performed work during the period covered by said Application Each Application for Payment shall be numbered in sequence beginning with first Application for Payment which shall be titled Application for Payment Number One The Application for Payment form will be included as Attachment to the Agreement and the Owner and Contractor agree that the specific information required by the form will be sufficient for the respective parties to review the Applications for Payment 10.1.2. The Owner's representative, the Proiect Manager, the Contractor's design engineer, and, if required, a representative from the lending institution will tour the Proiect within three (3) days after the receipt of each _Application for Payment in order to review the Work being billed for and to approve the invoice If there is a dispute as to the amount billed that dispute will be settled and quantified immediately, on site or by an independent engineer selected by mutual agreement The agreed upon and undisputed amount shall then be due as per the following Subparagraph 10.1.3. 10.1.3 Within ten (1.0) days after his receipt of each monthly Application for Payment, the Owner shall pay directly to the Contractor the appropriate amount for which the Application for Payment is made, less amounts previously paid by the Owner. At the Owner's election all payments made by the Owner for any items other than the _Contractor's Fee, architectural and engineering fees and General Conditions shall be made in the form of checks made co -payable to the Contractor and the individual subcontractors sub -subcontractors material suppliers and service suppliers to whom payment is made. The Contractor will provide the Owner with executed lien releases from the individual subcontractors, sub -subcontractors, material suppliers, and service suppliers after payment is made. 10.1.4 If the Owner fails to pay the Contractor at the time payment of any amount becomes due plus any interest due thereon then the Contractor may, at any time thereafter, upon serving written notice that the Work will be stopped within ten (10) days after receipt of the notice by the Owner, and after such ten (10) day period, stop the Work until payment of the amount owning has been received. If the Work is stopped for a period of thirty (30) days or longer, the Contractor may then exercise his right to terminate this Agreement as per Subsubparagraph 12.1.1.1. 10.1.5 Payments due but unpaid shall bear interest at the rate of five (5) percent or at the rate the Owner is paying on its construction loan plus two (2) points, whichever is higher. Any accrued interest will be due upon the next Application for Payment or upon Final Payment, at the Contractor's election. 10.1.6 The Contractor warrants and guarantees that title to all Work, materials and equipment covered by an Application for Payment, whether incorporated in the Project or not, will pass to the Owner upon receipt of such AGC DOCUMENT NO 410 • STANDARD FORM OF DESIGN -BUILD AGREEMENT AND GENERAL CONDITIONS BETWEEN OWNER AND CONTRACTOR 0 1993. Associated General Contractors of America payment by the Contractor free and clear of all liens, claims, security interests or encumbrances, hereinafter referred to as "liens". 10.1.7 The Owner's progress payment, occupancy or use of the Project, whether in whole or in part, shall not be deemed an acceptance of any Work not conforming to the requirements of the Contract Documents. 10.2 Final Payment 10.2.1 Final payment constituting the unpaid balance of the Project, including accumulated retainage, shall be due and payable upon Substantial Completion as defined in section 6.2 or when the Owner occupies the Project, whichever event first occurs. . If there should remain minor items to be completed, the Owner shall list such items and the Contractor shall deliver, in writing, his guarantee to complete said items or disapprove them within a reasonable time thereafter. The Owner may retain a sum equal to 150 percent of the estimated cost of completing any unfinished items in an escrow account, with the escrow agent(s) to be agreed upon by Owner and Contractor, provided that said unfinished items are listed separately and the estimated cost of completing any unfinished items is likewise listed separately. Thereafter, the Owner shall direct the escrow agent(s) to pay to the Contractor, monthly, the amount retained for incomplete items as each of said items is completed. 10.2.2 Complete or partial occupancy by Owner before Final Payment is made and without Contractor's consent will be considered a material breach of this Agreement by the Owner. 10.2.3 Before issuance of Final Payment, the Owner may request satisfactory evidence that all payrolls, materials bills and other indebtedness connected with the Project have been paid or otherwise satisfied. 10.2.4 The making of Final Payment shall constitute a waiver of all claims by the Owner except those arising from: unsettled liens; improper workmanship or defective materials appearing within two years after the Date of Substantial Completion; and terms of any special guarantees required by the Drawings and Specifications. 10.2.5 In accepting final payment, the Contractor waives all claims except those previously made and which remain unsettled pursuant to the terms of this agreement. ARTICLE 11 INDEMNITY, INSURANCE AND WAIVER OF SUBROGATION 11.1 Indemnity 11.1.1 To the fullest extent permitted by law, the Contractor shall defend, indemnify and hold the Owner harmless from all claims for bodily injury and property damage (other than to the Work itself and other property insured under Paragraph 11.4), including resulting loss of use that may arise from the performance of the Work, to the extent of the negligence attributed to such acts or omissions by the Contractor, Subcontractors or by anyone for whose acts any of them may be liable. The Contractor shall not be required to defend, indemnify or hold harmless the Owner for any acts, omissions or negligence of the Owner, Owner's employees, agents or separate contractors. AGC DOCUMENT NO 410 • STANDARD FORM OF DESIGN -BUILD AGREEMENT AND GENERAL CONDITIONS BETWEEN OWNER AND CONTRACTOR 0 1993, Associated General Contractors of America 11.2 Contractor's Liability Insurance 11.2.1 The Contractor shall purchase and maintain insurance coverage for the following claims which may arise out of the performance of this Agreement, whether resulting from the Contractor's operations or by the operations of any Subcontractor, anyone in the employ of any of them, or by an individual or entity for whose acts they may be liable: .1 workers' compensation, disability and other employee benefit claims under acts applicable to the Work; .2 under applicable employers liability law, bodily injury, occupational sickness, disease or death claims of the Contractor's employees; .3 bodily injury, sickness, disease or death claims for damages to persons not employed by the Contractor; .4 usual personal injury liability claims for damages directly or indirectly related to the person's employment by the Contractor or for damages to any other person; .5 damage to or destruction of tangible property, including resulting loss of use, claims for property other than the Work itself and other property insured under Paragraph 11.5; .6 bodily injury, death or property damage claims resulting from motor vehicle liability in the use, maintenance or ownership of any motor vehicle, and; .7 contractual liability claims involving the Contractor's obligations under Subparagraph 1.1.1.1. 11.2.2 the Contractor's Commercial General and Automobile Liability Insurance as required by Subparagraph 11.2.1 shall be written for not less than the following limits of liability: .l Commercial General Liability Insurance a. General Aggregate $ 2,000,000.00 b. Products/Completed Operations $ 1,000,000.00 c. Personal and Advertising Injury $ 1,000,000.00 d. Each Occurrence $ 1,000,000.00 .2 Comprehensive Automobile Liability Insurance a. Combined Single Limit Bodily Injury and Property Damage $ 1,000,000.00 .3 Umbrella Policy $ 10,000,000.00 11.2.3 Commercial General Liability Insurance may be arranged under a single policy for the full limits required or by a combination of underlying policies and an Excess or Umbrella Liability policy. AGC DOCUMENT NO 410 • STANDARD FORM OF DESIGN -BUILD AGREEMENT AND GENERAL CONDITIONS BETWEEN OWNER AND CONTRACTOR © 1993; Associated General Contractors of America 11.2.4 The policies shall contain a provision that coverage will not be canceled or not renewed until at least thirty (30) days' prior written notice has been given to the Owner. Certificates of insurance showing required coverage to be in force shall be filed with the Owner prior to commencement of the Work. 11.3 Owner's Liability Insurance The Owner shall be responsible for obtaining and maintaining its own liability insurance. Insurance for claims arising out of the performance of this Agreement may be purchased and maintained at the Owner's discretion. 11.4 Insurance to Protect Project 11.4.1 The Owner shall purchase and maintain property insurance in a form acceptable to the Contractor upon the entire Project for the full cost of replacement at the time of any loss. This insurance shall include as named insureds the Owner, Contractor, Architect/ Engineer, Subcontractors and Subsubcontractors. This insurance shall insure against loss from the perils of fire and extended coverage, and shall include "all risk" insurance for physical loss or damage including without duplication of coverage at least: theft, vandalism, malicious mischief, transit, collapse, falsework, temporary buildings, debris removal, flood, earthquake, testing, and damage resulting from defective design, workmanship or material. The Owner shall increase limits of coverage, if necessary, to reflect estimated replacement cost. The Owner shall be responsible for any co-insurance penalties or deductibles. If the Project covers an addition to or is adjacent to an existing building, the Contractor, A/E, Subcontractors and Subsubcontractors shall be named as additional insureds under the Owner's Property insurance covering such building and its contents. 11.4.2 If the Owner occupies or uses a portion or portions of the Project prior to completion thereof, such occupancy or use shall not commence prior to a time mutually agreed to by the Owner and the Contractor and to which the insurance company or companies providing the property insurance have consented by endorsing the policy or policies. This insurance shall not be canceled or lapsed on account of partial occupancy. Consent of the Contractor to such early occupancy or use shall not be unreasonably withheld. However, the Contractor may withhold consent until Final Payment is made for the portion(s) occupied as per Paragraph 10.2.2 of this Agreement. 11.4.3 The Owner shall purchase and maintain boiler and machinery insurance as necessary. The interest of the Owner, Contractor, A/E, Subcontractors and Subsubcontractors shall be protected under this coverage. 11.4.5 Upon the Contractor's request, the Owner shall provide the Contractor with a copy of all policies before an exposure to loss may occur. Copies of any subsequent endorsements shall be furnished to the Contractor. The Contractor shall be given thirty (30) days' notice of cancellation, non -renewal, or any endorsements restricting or reducing coverage. The Owner shall give written notice to the Contractor before commencement of the Work if the Owner will not be obtaining property insurance. In that case, the Contractor may obtain insurance in order to protect its interest in the Work as well as the interest of Architect/Engineer, Subcontractors and Subsubcontractors in the Work. The cost of this insurance shall be a Cost of the Work pursuant to Article 8, and the GMP shall be increased by Change Order. If the Contractor is damaged by failure of the Owner to purchase or maintain property insurance or to so notify the Contractor, the Owner shall bear all reasonable costs incurred by the Contractor arising from the damage. 11.5 Property Insurance Loss Adjustment 11.5.1 Any insured loss shall be adjusted with the Owner and made payable to the Owner as trustees for the insureds, as their interests may appear, subject to any applicable mortgagee clause. AGC DOCUMENT NO 410 • STANDARD FORM OF DESIGN -BUILD AGREEMENT AND GENERAL CONDITIONS BETWEEN OWNER AND CONTRACTOR © 1993. Associated General Contractors of America 11.5.2 Upon the occurrence of an insured loss, monies received will be deposited in a separate account and the Owner shall make distribution in accordance with the agreement of the parties in interest, or in the absence of such agreement, in accordance with an arbitration award pursuant to Article 13. 11.6 Waiver of Subrogation 11.6.1 The Owner and Contractor waive all rights against each other, the Architect/Engineer, and any of their respective employees, agents, consultants, subcontractors and subsubcontractors for damages caused by risks covered by insurance provided in Paragraph 11.5 to the extent they are covered by that insurance, except such rights as they may have to the proceeds of such insurance held by the Owner and Contractor as trustees. The Contractor shall require similar waivers from all Subcontractors. 11.6.2 The Owner and Contractor waive all rights against each other and the Architect/Engineer, Subcontractors and Subsubcontractors for loss or damage to any equipment used in connection with the Project which loss is covered by any property insurance. The Contractor shall require similar waivers from all Subcontractors. 11.6.3 The Owner waives subrogation against the Contractor, Architect/Engineer, Subcontractors and Subsubcontractors on all property and consequential loss policies carried by the Owner on adjacent properties and under property and consequential loss policies purchased for the Project after its completion. 11.6.4 If the policies of insurance referred to in this Paragraph require an endorsement to provide for continued coverage where there is a waiver of subrogation, the owners of such policies will cause them to be so endorsed. ARTICLE 12 TERMINATION OF THE AGREEMENT AND OWNER'S RIGHT TO PERFORM CONTRACTOR'S RESPONSIBILITIES 12.1 Termination by the Contractor 12.1.1 Upon ten (10) days' written notice to the Owner, the Contractor may terminate this Agreement for any of the following reasons: .1 If the Project is stopped for a period of thirty (30) days under an order of any court or other public authority having jurisdiction, or as a result of an act of government, such as a declaration of a national emergency making materials unavailable, through no act or fault of the Contractor or if the Project should be stopped for a period of thirty (30) days by the Contractor for the Owner's failure to make payment thereon or for delays caused by the presence of Hazardous Material as defined in Paragraph 3.4, .2 if the Work is suspended by the Owner for any reason for a period of sixty (60) days; .3 if the Owner materially delays the Contractor in the performance of the Work; .4 if the Owner otherwise materially breaches this Agreement; .5 if the Owner fails to furnish reasonable evidence that sufficient funds are available and committed for the entire cost of the Project in accordance with Subparagraph 4.1.3 of this Agreement; or AGC DOCUMENT NO 410 • STANDARD FORM OF DESIGN -BUILD AGREEMENT AND GENERAL CONDITIONS BETWEEN OWNER AND CONTRACTOR 0 1993, Associated General Contractors of America .6 if the Owner is adjudged bankrupt, or if he makes a general assignment for the benefit of his creditors, or if a receiver is appointed on account of his insolvency, or if he persistently disregards laws, ordinances, rules, regulations or orders of any public authority having jurisdiction. 12.1.2 Upon termination by the Contractor in accordance with Subparagraph 12.1.1, the Contractor shall be entitled to recover from the Owner payment for all Work executed and for any proven loss, cost or expense in connection with the Work, plus all demobilization costs and reasonable damages. In addition, the Contractor shall be paid an amount calculated as set forth either in Subparagraph 12.3.1 or 12.3.2, depending on when the termination occurs, and Subparagraphs 12.3.3 and 12.3.4. 12.2 Owner's Right to Perform Contractor's Obligations and Termination by the Owner for Cause 12.2.1 If the Contractor fails in any material way to perform any of its obligations under this Agreement, the Owner may, after fifteen (15) days' written notice, during which period the Contractor fails to perform such obligation, undertake to perform such obligations with good faith and fair dealing. The GMP shall be reduced by the cost to the Owner of performing such obligations. 12.2.2 If the Contractor is adjudged bankrupt, or if he makes a general assignment for the benefit of his creditors, or if a receiver is appointed on account of his insolvency, or if he persistently or repeatedly refuses or fails, except in cases for which extension of time is provided, to supply enough properly skilled workmen or proper materials, or if he fails to make proper and timely payment to Subcontractors or for materials or labor, or persistently disregards laws, ordinances, rules, regulations or orders of any public authority having jurisdiction, or otherwise is guilty of a substantial violation of a provision of this Agreement, then the Owner may, without prejudice to any right or remedy and after giving the Contractor and his surety, if any, fifteen (15) days' written notice, during which period the Contractor fails to cure the violation, terminate the employment of the Contractor and take possession of the site and of all materials and may finish the Work by whatever reasonable method he may deem expedient. In such case, the Contractor shall not be entitled to receive any further payment until the Work is finished. 12.2.3 In the event the Owner exercises its rights under Subparagraph 12.2.1 or 12.2.2, upon the request of the Contractor the Owner shall provide a detailed accounting of the cost incurred by the Owner. 12.3 Termination by Owner Without Cause If the Owner terminates this Agreement other than as set forth in Paragraph 12.2, the Owner shall pay the Contractor for all Work executed and for any proven loss, cost or expense in connection with the Work, plus all demobilization costs. In addition, the Contractor shall be paid an amount calculated as set forth below: .1 If the Owner terminates this Agreement prior to commencement of Construction, the Contractor shall be paid the balance of the Contractor's Design Services compensation as set forth in the Schedule of Values, and 25% of the Contractor's Fee as set forth in Clause 7.3.1.2. .2 If the Owner terminates this Agreement after commencement of the Construction Phase, the Contractor shall be paid the balance of the Contractor's Design Services compensation as set forth in the Schedule of Values and 100% of the Contractor's Fee as set forth in Clause 7.3.1.2. .3 In either event, the initial payment as provided in Paragraph 7.1 shall be credited to the Owner's account at the time of termination. AGC DOCUMENT NO 410 • STANDARD FORM OF DESIGN -BUILD AGREEMENT AND GENERAL CONDITIONS BETWEEN OWNER AND CONTRACTOR © 1993. Associated General Contractors of America .4 The Owner shall also pay to the Contractor fair compensation, either by purchase or rental at the election of the Contractor, for any equipment retained. The Owner shall assume and become liable for obligations, commitments and unsettled claims that the Contractor has previously undertaken or incurred in good faith in connection with the Work or as a result of the termination of this Agreement. ARTICLE 13 DISPUTE RESOLUTION If a dispute arises out of or relates to this Agreement or its breach, the parties shall endeavor to settle the dispute first through direct discussions. 13.1 Agreement to Arbitrate All claims, disputes and matters in question arising out of, or relating to this Agreement or the breach thereof, except for claims which have been waived by the making or acceptance of final payment, and the claims described in Article 13.7, shall be decided by arbitration in accordance with the Massachusetts Arbitration Act and the Construction Industry Arbitration Rules of the American Arbitration Association then in effect unless the parties mutually agree otherwise. This agreement to arbitrate shall be specifically enforceable under the prevailing arbitration law. 13.2 Notice of Demand Notice of the demand for arbitration shall be filed in writing with the other party to this Agreement and with the American Arbitration Association. The demand for arbitration shall be made within a reasonable time after written notice of the claim, dispute or other matter in question has been given, and in no event shall it be made after the date of final acceptance of the Work by the Owner or when institution of legal or equitable proceedings based on such claim, dispute or other matter in question would be barred by the applicable statute of limitations, whichever shall first occur. The location of the arbitration proceedings shall be the city of the Contractor's headquarters. 13.3 Award The award rendered by the arbitrator(s) shall be final and judgment may be entered upon it in accordance with applicable law in any court having jurisdiction. 13.4 Work Continuation and Payment Unless otherwise agreed in writing, the Contractor may cease the Work pending arbitration, but, if the Contractor does not cease the Work, the Owner shall continue to make payments in accordance with this Agreement. 13.5 No Limitation of Rights or Remedies Nothing in this Article shall limit any rights or remedies not expressly waived by the Contractor which the Contractor may have under lien laws or payment bonds. 13.6 Same Arbitrators To the maximum extent permitted by law, all claims which are related to or dependent upon each other, shall be heard by the same arbitrator or arbitrators even though the parties are not the same. 13.7 Exceptions This agreement to arbitrate shall not apply to any claim of contribution or indemnity asserted by one party to this Agreement against the other party and arising out of any action brought in a state or federal court or in arbitration by a person who is under no obligation to arbitrate the subject matter of such action with either of the parties hereto. In any dispute arising over the application of this Paragraph 13.7, the question of arbitrability shall be decided by the appropriate court and not by arbitration. AGC DOCUMENT NO 410 • STANDARD FORM OF DESIGN -BUILD AGREEMENT AND GENERAL CONDITIONS BETWEEN OWNER AND CONTRACTOR © 1993, Associated General Contractors of America 13.8 Multiparty Proceeding The parties agree that all parties necessary to resolve a claim shall be parties to the same arbitration proceeding. Appropriate provisions shall be included in all other contracts relating to the Work to provide for the consolidation of arbitrations. ARTICLE 14 MISCELLANEOUS PROVISIONS 14.1 Assignment Neither the Owner nor the Contractor shall assign their interest in this Agreement without the written consent of the other except as to the assignment of proceeds. 14.2 Governing Law This Agreement shall be governed by the laws of the Commonwealth of Massachusetts.. 14.3 Severability The partial or complete invalidity of any one or more provisions of this Agreement shall not affect the validity or continuing force and effect of any other provision. 14.4 No Waiver of Performance The failure of either party to insist in any one or more instances, on the performance of any of the terms, covenants or conditions of this Agreement, or to exercise any of its rights, shall not be construed as a waiver or relinquishment of such term, covenant, condition or right with respect to further performance. 14.5 Titles The titles given to the Articles and Paragraphs of this Agreement are for ease of reference only and shall not be relied upon or cited for any other purpose. 14.6 Other Provisions ARTICLE 15 EXISTING CONTRACT DOCUMENTS The Contract Documents in existence at the time of execution of this Agreement are as follows: Exhibit A (Scope of Work dated December 1, 2009) Exhibit B (Schedule of Existing Drawings as prepared by another designer dated December 3, 2009) Exhibit C (Schedule of Values dated December 1, 2009) Exhibit D (Letter of Intent dated December 1, 2009) AGC DOCUMENT NO 410 • STANDARD FORM OF DESIGN -BUILD AGREEMENT AND GENERAL CONDITIONS BETWEEN OWNER AND CONTRACTOR 0 1993, Associated General Contractors of America OWNER: Muffin Reals\ T PRINT NAME PRINT IT I A:: _--/_ /}'r✓�P 'fit Y DATE. ATTEST CON! TR "I 2: MC Associat _- Inc. PRINT NAME. Mark N1 400re PRINT '1 fl l..l : President A I --I F.S I': % UGCuOCINEN'INO 410 • STANDARD FORM OF Df:.SIGN-RUIL[) AGREEMENT AND (iP?.PRAI CONDFHONS E3MA&EN OWNER AND CONTRACTC)R t 11)9;, Associated ticnernl C'nmrnctors orAmcricn WV Engineering Associates, PA Consulting Engineers Mark D. Vincello, PE RENOVATIONS AT MUFFIN REALTY TRUST BAK-N JOY FACILITY 351 WILLOW STREET SOUTH NORTH ANDOVER, MA ENGINEER'S AFFIDAVIT January 6, 2010 I certify that, to the best of my knowledge and belief, that the mechanical systems as installed meet the mechanical design drawings and specifications for the building dated December 28, 2009, and further that the mechanical systems are being constructed in conformance with applicable codes and regulations as they apply to the project. Si _ Date: 0 to 10 Mark D. Vincello, PE WV Engineering Associates, PA 11 KING COURT KEENS, NH 03431 TEL: 603-352-7007 FAX: 603-352-7005 Architecture, Engineering & Construction for the Food & Beverage Industry ASSOCIATES Date: 11 January 2010 To: Town of North Andover Building Department 1600 Osgood Street North Andover, Massachusetts 01845 Re: Controlled Construction Affidavit Muffin Realty Trust Bake'n Joy Facility Renovations 351 Willow Street South North Andover, Massachusetts 01845 Project No: 20289 This plans submitted to the building department for the above referenced project have been prepared under my general supervision and meet the applicable provisions of the latest revision of the Massachusetts State Building Code, or any other authority having jurisdiction. This Architect / Engineer or a professionally qualified representative of this organization shall check shop drawings and or the related details for construction, shall be present at the site on a periodic basis to determine that the work is being executed in accordance with the plans approved for the building permit and that written reports will be submitted to the building department on a periodic basis relative to the construction progress. Before the area of work can be occupied, a final affidavit shall be submitted to the building department stating that to the best of this Architect / Engineer's knowledge the provisions of the building code have been complied with and that the area of work meets all of the necessary requirements for the proposed use and occupancy. OF Mq SSMC � tic EDVVARD J m o ° ' "`'� + Edward J. D one, PE U STRJ��URAL cn NO. 30123 �°T�FGISTE��o\�``� STRUCTURAL SS�ONAL tiNG Subscribed and sworn to me before this / day of Z -4A L141d y 20W.. Notary Public 10,N O My Commission expires: ;'��►..�;;�ezE -4...TI Itc .114 , 0411 2 Batterymarch Park. ■ 1 Pinehill Drive ■ Quincy, MA 02169 ■ 617.328.7899■ Fax 617.3 , , ,9 www.cmcassociates.com Architecture, Engineering & Construction for the Food & Beverage Industry ASSOCIATES Date: 11 January 2010 To: Town of North Andover Building Department 1600 Osgood Street North Andover, Massachusetts 01845 Re: Controlled Construction Affidavit Muffin Realty Trust Bake'n Joy Facility Renovations 351 Willow Street South North Andover, Massachusetts 01845 Project No: 20289 This plans submitted to the building department for the above referenced project have been prepared under my general supervision and meet the applicable provisions of the latest revision of the Massachusetts State Building Code, or any other authority having jurisdiction. This Architect / Engineer or a professionally qualified representative of this organization shall check shop drawings and or the related details for construction, shall be present at the site on a periodic basis to determine that the work is being executed in accordance with the plans approved for the building permit and that written reports will be submitted to the building department on a periodic basis relative to the construction progress. Before the area of work can be occupied, a final affidavit shall be submitted to the building department stating that to the best of this Architect / Engineer's knowledge the provisions of the building code have been complied with and that the area of work meets all of the necessary requirements for the proposed use and occupancy. RAS N0.9156 4aA . CaAlri, BRAINTREE MASS. Registered Architect Of O Subscribed and sworn to me before this qday of �,,Z% � 0,04 y 20PIi Notary Public My Commission D�pM••EXp�A Wy'V FN of ARY 2 Batterymarch Park. ■ 1 Pinehill Drive ■ Quincy, MA 02169 ■ 617.328.7899■ Fax 617.328.1779 www.cmcassociates.com IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). 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). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. ACUKU z5 -s (zoUVUs) 2 of 2 #S1115211M110406 y Bake N Joy Drawing Date: HYDRAULIC DESIGN INFORMATION SHEET Job Name: Bake N Joy Location: 351 WILLOW STREET SOUTH N.ANDOVER,MA.01845 Drawing Date: Contractor: PROFESSIONAL FIRE SYSTEMS INC. 200 STONEWALL BLVD. SUITE 2A WRENTHAM,MA. 02093 Designer: GLF Calculated By:SprinkCAD www.sprinkcad.com 451 N. Cannon Ave. Lansdale, PA 19446 Construction: NON-COMBUSTABLE Reviewing Authorities:N.ANDOVER FIRE DEPT. SYSTEM DESIGN 1/ 5/10 15: 8 Remote Area Number: 1 Telephone:508-384-2001 Occupancy:BAKERY Code:NFPA 13 Hazard:ORD HAZ I System Type:WET -Pump Data I Date of Test 7-29-08 Area of Sprinkler Oper. 1500 sq ftI Sprinkler or Nozzle Density (gpm/sq ft) 0.150 1 Make: TYCO Area per Sprinkler 120.0 sq ftl Model: TY -FRB Hose Allowance Inside 0 gpm I K -Factor: 5.60 Hose Allowance Outside 250 gpm I Temperature Rating: 155 CALCULATION SUMMARY 16 Flowing Outlets gpm Required: 293.4 psi Required: -73.2 @ City Supply WATER SUPPLY Water Flow Test I -Pump Data I Date of Test 7-29-08 I Rated Capacity 1500 gpm I Static Pressure 45.0 psi I Rated Pressure 75.0 psi I Residual Pres 37.0 psi I Elevation 0 I At a Flow of 1582 gpm I Make: Generic I Elevation 0" I Model: I Location: 251 WILLOW STREET SOUTH Source of Information: JD LARKIN CO. SYSTEM VOLUME 1106 Gallons Notes: / STEVEN E. YOUNIS FIRE PROTECT Y -(o I Bake N Joy Drawing Date: HYDRAULIC CALCULATION DETAILS HYDRAULIC QTY DESCRIPTION LENGTH C ID Hydr Ref W Required at Hyd Area 1 4 6" Grvd 90 Ell Firelock 56' 120 6.065 1 6" Grvd Shotgun Valve "90" 19' 120 6.065 1 6" Grvd Butterfly Valve "BFV" 10' 120 6.065 1 6" Fingd Back Flow Valve Ames "2000 CHART LOSS Total Loss for Riser Hydr Ref R1 Required at Pump Discharge 1 75 psi@1500 gpm PUMP Generic NFPA 20 CHART Hydr Ref R2 Required at Pump Suction Total Loss for Underground 1/ 5/10 15: 8 FLOW LOSS gpm psi TOTALS 293 10.2 psi 293 0.2 293 0.1 293 0.0 293 5.5 5.8 psi 293 16.1 psi 293 89.3 293 -73.2 psi 0.0 psi Hydr Ref R3 Required at City Supply 293 -73.2 psi Water Source 45.0 psi static, 37.0 psi residual @ 1582 gpm 293 gpm 44.6 psi SAFETY PRESSURE 117.8 psi NOTE: Negative values in REQUIRED PRESSURE fields are acceptable in DEMAND calculations. Verify that AVAILABLE & SAFETY pressures are positive values. Available Pressure of 44.6 psi Exceeds Required Pressure of -73.2 psi This is a safety margin of 117.8 psi Maximum Water Velocity is 6.9 fps I Dake N Joy Drawing Date: 1/ 5/10 15: 8 Page 3 FITTING NAME TABLE ABBREV. NAME C Coupling E 90' Standard Elbow F 45' Elbow S Straight Flow Thru Tee T 90' Flow Thru Tee V Valve LEGEND HYD REF Hydraulic reference. Refer to accompanying flow diagram. K FACTOR Flow factor for open head or path where Flow (gpm) = K x -\/P Qa Flow added or subtracted Qt Total flow DIA Actual internal diameter of pipe C Hazen Williams pipe roughness factor Pf/ft Friction loss per foot of pipe PIPE Length of pipe FTNG'S Number of fittings. See table above. TOTAL Total length (PIPE + FTNG'S) Pt Total pressure (psi) at fitting Pe Pressure due to change in elevation where Pe = 0.433 x change in elevation Pf Friction loss (psi) to fitting where Pf = 1 x 4.52 x (Q/C)^1.85 / ID^4.87 Pv Velocity pressure (psi) where Pv = 0.001123 x Q^2/ID^4 Pn Normal pressure (psi), where Pn = Pt - Pv NOTES - Pressures are balanced to 0.01 psi. Pressures are listed to 0.1 psi. Addition may vary by 0.1 psi due to accumulation of round off. - Calculations conform to NFPA 13. - Velocity Pressures are not considered in these Calculations Bake N Joy Drawing Date: 1/ 5/10 15: S Page 4 NODE ELEVATION SPRINKLER PRESSURE FLOW NOTES NO. (FT.) K -FACTOR (PSI) (U.S.GPM) -------------------------------------------------------------------------------- 25 26.00 7.6 25S 16.00 5.60 10.6 18.3 26 26.00 7.8 26S 16.00 5.60 10.8 18.4 27 26.00 7.8 27S 16.00 5.60 10.8 18.4 28 26.00 7.8 28S 16.00 5.60 10.8 18.4 29 26.00 7.4 29S 16.00 5.60 10.4 18.1 30 26.00 7.7 30S 16.00 5.60 10.7 18.3 31 26.00 7.6 31S 16.00 5.60 10.7 18.3 32 26.00 7.7 32S 16.00 5.60 10.7 18.4 33 26.00 7.7 33S 16.00 5.60 10.8 18.4 34 26.00 7.6 34S 16.00 5.60 10.7 18.3 35 26.00 7.3 35S 16.00 5.60 10.3 18.0 36 26.00 7.9 36S 16.00 5.60 10.9 18.5 37 26.00 7.9 37S 16.00 5.60 10.9 18.5 38 26.00 7.8 38S 16.00 5.60 10.8 18.4 39 26.00 7.8 39S 16.00 5.60 10.8 18.4 40 26.00 7.9 40S 16.00 5.60 10.9 18.5 50 26.00 8.6 51 26.00 8.5 52 26.00 8.5 53 26.00 8.5 54 26.00 8.6 55 26.00 8.5 56 26.00 8.5 57 26.00 8.5 58 26.00 8.5 59 26.00 8.5 60 26.00 8.5 61 26.00 7.7 62 26.00 8.6 63 26.00 8.5 64 26.00 8.5 65 26.00 8.5 66 26.00 7.4 67 26.00 8.6 Al 26.00 9.1 A2 26.00 9.1 Bake N Joy Drawing Date: 1/ 5/10 15: 8 Page 5 --------------------- NODE ELEVATION SPRINKLER PRESSURE FLOW NOTES NO. (FT.) K -FACTOR (PSI) (U.S.GPM) ---------------------------------------------------------------------------- A3 26.00 9.1 A4 26.00 9.1 A5 26.00 9.1 A6 26.00 9.1 A7 26.00 9.1 A8 26.00 9.1 A9 26.00 9.2 Bl 26.00 8.8 B2 26.00 8.8 B3 26.00 8.8 B4 26.00 8.8 B5 26.00 8.8 B6 26.00 8.8 B7 26.00 8.8 B8 26.00 8.8 B9 26.00 8.8 W 26.00 10.2 Max velocity of 6.93 occurs in the pipe from 62 TO 40 Nodes with "S" indicate a node at the top of a sprig or bottom of drop pendent. The node without an "S" is on the branch. UNITS - DIAMETER (INCH) LENGTH (FOOT) FLOW (GPM) PRESSURE (PSI) Bake N Joy Drawing Date: 1/ 5/10 15: 8 Tyco Fire Products Page 6 HYD. Qa DIA. FITTING PIPE Pt Pt REF "C" TYPES FTNG'S Pe Pv ******* NOTES ******* POINT Qt Pf/ft TOTAL Pf Pn 18.00 1.049 lE 10.00 10.3 10.3 K = 5.60 35S C=120 2.00 -4.3 0.0 18.00 0.107 12.00 1.3 10.3 Vel = 6.75 1.049 1.41 7.3 7.3 EqK = 6.67 35 C=120 0.00 0.0 0.0 18.00 0.107 1.41 0.2 7.3 Vel = 6.75 1.049 lE 3.46 7.4 7.4 66 C=120 1T 7.00 0.0 0.0 18.00 0.107 10.46 1.1 7.4 Vel = 6.75 9.87 2.635 9.09 8.5 8.5 65 C=120 0.00 0.0 0.0 27.87 0.003 9.09 0.0 8.5 Vel = 1.66 18.28 2.635 1T 10.41 8.6 8.6 67 C=120 16.47 0.0 0.0 46.15 0.007 26.89 0.2 8.6 Vel = 2.74 109.57 6.357 10.00 8.8 8.8 B3 C=120 0.00 0.0 0.0 155.72 0.001 10.00 0.0 8.8 Vel = 1.59 -24.95 6.357 10.00 8.8 8.8 B4 C=120 0.00 0.0 0.0 130.78 0.001 10.00 0.0 8.8 Vel = 1.33 -25.08 6.357 10.00 8.8 8.8 B5 C=120 0.00 0.0 0.0 105.70 0.000 10.00 0.0 8.8 Vel = 1.08 -25.42 6.357 10.00 8.8 8.8 B6 C=120 0.00 0.0 0.0 80.28 0.000 10.00 0.0 8.8 Vel = 0.82 -25.96 6.357 10.00 8.8 8.8 B7 C=120 0.00 0.0 0.0 54.32 0.000 10.00 0.0 8.8 Vel = 0.55 -26.70 6.357 10.00 8.8 8.8 B8 C=120 0.00 0.0 0.0 27.62 0.000 10.00 0.0 8.8 Vel = 0.28 UNITS - DIAMETER (INCH) LENGTH (FOOT) FLOW (GPM) PRESSURE (PSI) Bake N Joy 300.56 Drawing Date: A9 C=120 1/ 5/10 15: 8 0.0 0.0 293.41 0.003 Tyco Fire Products Page 7 HYD. Qa DIA. FITTING PIPE Pt Pt REF "C" TYPES FTNG'S Pe Pv ******* NOTES ******* POINT Qt Pf/ft TOTAL Pf Pn 2.635 2T 114.00 8.8 8.8 B9 C=120 1.049 32.95 0.0 0.0 27.62 0.003 = 6.65 146.95 0.4 8.8 Vel = 1.64 265.79 6.357 4E 300.56 9.2 9.2 A9 C=120 70.41 0.0 0.0 293.41 0.003 370.97 1.1 9.2 Vel = 2.99 W 293.41 7.6 7.6 EqK = 6.62 25 C=120 10.2 0.0 K = 91.66 -------------------------------------------------------------------------------- 18.09 1.049 lE 10.00 10.4 10.4 K = 5.60 29S C=120 2.00 -4.3 0.0 18.09 0.108 12.00 1.3 10.4 Vel = 6.78 1.049 1E 1.18 7.4 7.4 EqK = 6.65 29 C=120 2.00 0.0 0.0 18.09 0.108 3.18 0.3 7.4 Vel = 6.78 1.049 1T 2.45 7.7 7.7 61 C=120 5.00 0.0 0.0 18.09 0.108 7.45 0.8 7.7 Vel = 6.78 44.23 2.635 1T 1.09 8.5 8.5 60 C=120 16.47 0.0 0.0 62.32 0.012 17.56 0.2 8.5 Vel = 3.70 47.25 6.357 10.00 8.8 8.8 B2 C=120 0.00 0.0 0.0 109.57 0.000 10.00 0.0 8.8 Vel = 1.12 B3 109.57 8.8 K = 37.03 -------------------------------------------------------------------------------- 18.26 1.049 lE 10.00 10.6 10.6 K = 5.60 25S C=120 2.00 -4.3 0.0 18.26 0.110 12.00 1.3 10.6 Vel = 6.84 1.049 1T 3.62 7.6 7.6 EqK = 6.62 25 C=120 5.00 0.0 0.0 18.26 0.110 8.62 0.9 7.6 Vel = 6.84 UNITS - DIAMETER (INCH) LENGTH (FOOT) FLOW (GPM) PRESSURE (PSI) Bake N Joy 10.00 8.8 Drawing Date: 0.00 1/ 5/10 15: S 0.0 47.25 0.000 10.00 0.0 Tyco Fire Products Page 8 HYD. 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FITTING PIPE Pt Pt REF 0.110 "C" TYPES FTNG'S Pe Pv ******* NOTES ******* POINT Qt Pf/ft 6.85 TOTAL Pf Pn 2.45 28.99 2.635 1T 10.41 8.6 8.6 54 5.00 C=120 0.0 16.47 0.0 0.0 18.28 47.25 0.007 0.8 26.89 0.2 8.6 Vel = 2.81 6.357 10.00 8.8 8.8 B1 C=120 0.00 0.0 0.0 47.25 0.000 10.00 0.0 8.8 Vel = 0.48 B2 47.25 8.5 8.5 8.8 0.00 K = 15.97 -------------------------------------------------------------------------------- 18.28 1.049 lE 10.00 10.7 10.7 K = 5.60 31S -4.3 C=120 2.00 -4.3 0.0 0.110 12.00 1.3 18.28 0.110 12.00 1.3 10.7 Vel = 6.85 7.6 EqK 1.049 1T 2.45 7.6 7.6 EqK = 6.61 31 C=120 5.00 0.0 0.0 7.6 Vel = 6.85 18.28 0.110 7.45 0.8 7.6 Vel = 6.85 7.66 2.635 10.50 8.5 8.5 58 C=120 0.00 0.0 0.0 25.94 0.002 10.50 0.0 8.5 Vel = 1.54 18.30 2.635 9.32 8.5 8.5 59 C=120 0.00 0.0 0.0 44.23 0.006 9.32 0.1 8.5 Vel = 2.63 60 44.23 8.5 K = 15.13 --------- 18.28 1.049 lE 10.00 10.7 10.7 K = 5.60 34S C=120 2.00 -4.3 0.0 18.28 0.110 12.00 1.3 10.7 Vel = 6.85 1.049 1T 3.46 7.6 7.6 EqK = 6.61 34 C=120 5.00 0.0 0.0 18.28 0.110 8.46 0.9 7.6 Vel = 6.85 67 18.28 8.6 K = 6.24 -------------------------------------------------------------------------------- UNITS - DIAMETER (INCH) LENGTH (FOOT) FLOW (GPM) PRESSURE (PSI) I Sake N Joy Drawing Date: 1/ 5/10 15: 8 Tyco Fire Products Page 9 HYD Qa DIA. FITTING PIPE Pt Pt REF "C" TYPES FTNG'S Pe Pv ******* NOTES ******* POINT Qt Pf/ft TOTAL Pf Pn 18.30 1.049 lE 10.00 10.7 10.7 K = 5.60 30S C=120 2.00 -4.3 0.0 18.30 0.110 12.00 1.3 10.7 Vel = 6.86 1.049 1T 2.45 7.7 7.7 EqK = 6.61 30 C=120 5.00 0.0 0.0 18.30 0.110 7.45 0.8 7.7 Vel = 6.86 59 18.30 8.5 K = 6.28 -------------------------------------------------------------------------------- 18.36 1.049 lE 10.00 10.7 10.7 K = 5.60 32S C=120 2.00 -4.3 0.0 18.36 0.111 12.00 1.3 10.7 Vel = 6.88 1.049 1T 1.45 7.7 7.7 EqK = 6.60 32 C=120 5.00 0.0 0.0 18.36 0.111 6.45 0.7 7.7 Vel = 6.88 -7.66 2.635 10.50 8.5 8.5 57 C=120 0.00 0.0 0.0 10.70 0.000 10.50 0.0 8.5 Vel = 0.64 18.36 2.635 10.50 8.5 8.5 56 C=120 0.00 0.0 0.0 29.06 0.003 10.50 0.0 8.5 Vel = 1.73 18.38 2.635 1T 64.74 8.5 8.5 55 C=120 16.47 0.0 0.0 47.45 0.007 81.22 0.6 8.5 Vel = 2.82 44.67 6.357 10.00 9.1 9.1 A2 C=120 0.00 0.0 0.0 92.12 0.000 10.00 0.0 9.1 Vel = 0.94 45.57 6.357 10.00 9.1 9.1 A3 C=120 0.00 0.0 0.0 137.68 0.001 10.00 0.0 9.1 Vel = 1.41 24.95 6.357 10.00 9.1 9.1 A4 C=120 0.00 0.0 0.0 162.63 0.001 10.00 0.0 9.1 Vel = 1.66 UNITS - DIAMETER (INCH) LENGTH (FOOT) FLOW (GPM) PRESSURE (PSI) Bake N Joy Drawing Date: 1/ 5/10 15: 8 Tyco Fire Products Page 10 HYD. Qa DIA. FITTING PIPE Pt Pt REF "C" TYPES FTNG'S Pe Pv ******* NOTES ******* POINT Qt Pf/ft TOTAL Pf Pn 25.08 6.357 10.00 9.1 9.1 A5 C=120 0.00 0.0 0.0 187.71 0.001 10.00 0.0 9.1 Vel = 1.92 25.42 6.357 10.00 9.1 9.1 A6 C=120 0.00 0.0 0.0 213.13 0.002 10.00 0.0 9.1 Vel = 2.18 25.96 6.357 10.00 9.1 9.1 A7 C=120 0.00 0.0 0.0 239.09 0.002 10.00 0.0 9.1 Vel = 2.44 26.70 6.357 10.00 9.1 9.1 A8 C=120 0.00 0.0 0.0 265.79 0.002 10.00 0.0 9.1 Vel = 2.71 A9 265.79 9.2 K = 87.76 -------------------------------------------------------- 18.36 1.049 lE 10.00 10.8 10.8 K = 5.60 33S C=120 2.00 -4.3 0.0 18.36 0.111 12.00 1.3 10.8 Vel = 6.88 1.049 1T 1.45 7.7 7.7 EqK = 6.60 33 C=120 5.00 0.0 0.0 18.36 0.111 6.45 0.7 7.7 Vel = 6.88 56 18.36 8.5 K = 6.31 -------------------------------- 18.38 1.049 lE 10.00 10.8 10.8 K - 5.60 39S C=120 2.00 -4.3 0.0 18.38 0.111 12.00 1.3 10.8 Vel = 6.89 1.049 1T 1.45 7.8 7.8 EqK = 6.59 39 C=120 5.00 0.0 0.0 18.38 0.111 6.45 0.7 7.8 Vel = 6.89 55 18.38 8.5 K = 6.31 ------------------------------------------------------- UNITS - DIAMETER (INCH) LENGTH (FOOT) FLOW (GPM) PRESSURE (PSI) I 'Bake N Joy Drawing Date: 1/ 5/10 15: 8 Tyco Fire Products Page 11 HYD. Qa DIA. FITTING PIPE Pt Pt REF "C" TYPES FTNG'S Pe Pv ******* NOTES ******* POINT Qt Pf/ft TOTAL Pf Pn 18.41 1.049 lE 10.00 10.8 10.8 K = 5.60 27S C=120 2.00 -4.3 0.0 18.41 0.112 12.00 1.3 10.8 Vel = 6.90 1.049 1T 1.45 7.8 7.8 EqK = 6.59 27 C=120 5.00 0.0 0.0 18.41 0.112 6.45 0.7 7.8 Vel = 6.90 -7.83 2.635 7.34 8.5 8.5 52 C=120 0.00 0.0 0.0 10.58 0.000 7.34 0.0 8.5 Vel = 0.63 18.41 2.635 10.50 8.5 8.5 53 C=120 0.00 0.0 0.0 28.99 0.003 10.50 0.0 8.5 Vel = 1.72 54 28.99 8.6 K = 9.91 -------------------------------------------------------------------------------- 18.41 1.049 lE 10.00 10.8 10.8 K = 5.60 28S C=120 2.00 -4.3 0.0 18.41 0.112 12.00 1.3 10.8 Vel = 6.90 1.049 1T 1.45 7.8 7.8 EqK = 6.59 28 C=120 5.00 0.0 0.0 18.41 0.112 6.45 0.7 7.8 Vel = 6.90 7.83 2.635 10.50 8.5 8.5 51 C=120 0.00 0.0 0.0 26.24 0.002 10.50 0.0 8.5 Vel = 1.56 18.43 2.635 1T 64.74 8.6 8.6 50 C=120 16.47 0.0 0.0 44.67 0.006 81.22 0.5 8.6 Vel = 2.65 6.357 10.00 9.1 9.1 Al C=120 0.00 0.0 0.0 44.67 0.000 10.00 0.0 9.1 Vel = 0.46 A2 44.67 9.1 K = 14.82 -------------------------------------------------------------------------------- UNITS - DIAMETER (INCH) LENGTH (FOOT) FLOW (GPM) PRESSURE (PSI) Bake N Joy 1.45 7.8 Drawing Date: 5.00 0.0 1/ 5/10 15: 8 6.45 0.7 7.8 Vel = 6.91 -8.60 2.635 Tyco Fire Products 8.5 64 C=120 Page 12 HYD. 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FITTING PIPE Pt Pt REF "C" TYPES FTNG'S Pe Pv ******* NOTES ******* POINT Qt Pf/ft TOTAL Pf Pn 18.41 1.049 lE 10.00 10.8 10.8 K = 5.60 26S C=120 2.00 -4.3 0.0 18.41 0.112 12.00 1.3 10.8 Vel = 6.90 1.049 1T 1.45 7.8 7.8 EqK = 6.59 26 C=120 5.00 0.0 0.0 18.41 0.112 6.45 0.7 7.8 Vel = 6.90 53 18.41 8.5 K = 6.30 -------------------------------------------------------------------------------- 18.43 1.049 lE 10.00 10.8 10.8 K = 5.60 38S C=120 2.00 -4.3 0.0 18.43 0.112 12.00 1.3 10.8 Vel = 6.91 1.049 . 1T 1.45 7.8 7.8 EqK = 6.59 38 C=120 5.00 0.0 0.0 18.43 0.112 6.45 0.7 7.8 Vel = 6.91 50 18.43 8.6 K = 6.30 -------------------------------------------------------------------------------- 18.47 1.049 1E 10.00 10.9 10.9 K = 5.60 36S C=120 2.00 -4.3 0.0 18.47 0.112 12.00 1.3 10.9 Vel = 6.92 1.049 1T 0.83 7.9 7.9 EqK = 6.58 36 C=120 5.00 0.0 0.0 18.47 0.112 5.83 0.7 7.9 Vel = 6.92 -8.60 2.635 13.51 8.5 8.5 64 C=120 0.00 0.0 0.0 9.87 0.000 13.51 0.0 8.5 Vel = 0.59 65 9.87 8.5 K = 3.38 -------------------------------------------------------------------------------- 18.47 1.049 lE 10.00 10.9 10.9 K = 5.60 37S C=120 2.00 -4.3 0.0 18.47 0.112 12.00 1.3 10.9 Vel = 6.92 UNITS - DIAMETER (INCH) LENGTH (FOOT) FLOW (GPM) PRESSURE (PSI) Bake N Joy Drawing Date: 1/ 5/10 15: 8 Tyco Fire Products Page 13 HYD. Qa DIA. FITTING PIPE Pt Pt -------------------- REF "C" TYPES FTNG'S Pe Pv ******* NOTES ******* POINT Qt Pf/ft TOTAL Pf Pn 1.049 1T 0.83 7.9 7.9 EqK = ------------ 6.58 37 C=120 5.00 0.0 0.0 18.47 0.112 5.83 0.7 7.9 Vel = 6.92 8.60 2.635 10.50 8.5 8.5 63 C=120 0.00 0.0 0.0 27.07 0.003 10.50 0.0 8.5 Vel = 1.61 18.49 2.635 1T 59.49 8.6 8.6 62 C=120 16.47 0.0 0.0 45.57 0.007 75.96 0.5 8.6 Vel = 2.71 A3 45.57 9.1 K = 15.12 -------------------------------------------------------------------------------- 18.49 1.049 lE 10.00 10.9 10.9 K = 5.60 40S C=120 2.00 -4.3 0.0 18.49 0.113 12.00 1.3 10.9 Vel = 6.93 1.049 1T 0.83 7.9 7.9 EqK = 6.57 40 C=120 5.00 0.0 0.0 18.49 0.113 5.83 0.7 7.9 Vel = 6.93 62 18.49 8.6 K = 6.32 -------------------------------------------------------------------------------- 7.66 2.635 7.34 8.5 8.5 57 C=120 0.00 0.0 0.0 7.66 0.000 7.34 0.0 8.5 Vel = 0.45 58 7.66 8.5 K = 2.63 -------------------------------------------------------------------------------- 7.83 2.635 10.50 8.5 8.5 52 C=120 0.00 0.0 0.0 7.83 0.000 10.50 0.0 8.5 Vel = 0.47 51 7.83 8.5 K = 2.68 -------------------------------------------------------------------------------- UNITS - DIAMETER (INCH) LENGTH (FOOT) FLOW (GPM) PRESSURE (PSI) •Bake N Joy Drawing Date: 1/ 5/10 15: 8 Tyco Fire Products Page 14 ----------------------------------- HYD. Qa DIA. FITTING PIPE Pt Pt REF "C" TYPES FTNG'S Pe Pv ******* NOTES ******* POINT Qt Pf/ft TOTAL Pf Pn 8.60 2.635 11.00 8.5 8.5 64 C=120 0.00 0.0 0.0 8.60 0.000 11.00 0.0 8.5 Vel = 0.51 63 8.60 8.5 K = 2.94 24.95 2.635 2T 114.00 8.8 ------------------- 8.8 B4 C=120 32.95 0.0 0.0 24.95 0.002 146.95 0.3 8.8 Vel = 1.48 A4 24.95 9.1 K = 8.27 -------------------------------------------------------------------------------- 25.08 2.635 2T 114.00 8.8 8.8 B5 C=120 32.95 0.0 0.0 25.08 0.002 146.95 0.3 8.8 Vel = 1.49 A5 25.08 9.1 K = 8.31 -------------------------------------------------------------------------------- 25.42 2.635 2T 114.00 8.8 8.8 B6 C=120 32.95 0.0 0.0 25.42 0.002 146.95 0.3 8.8 Vel = 1.51 A6 25.42 9.1 K = 8.42 -------------------------------------------------------------------------------- 25.96 2.635 2T 114.00 8.8 8.8 B7 C=120 32.95 0.0 0.0 25.96 0.002 146.95 0.3 8.8 Vel 1.54 A7 25.96 9.1 K = 8.59 26.70 2.635 2T 114.00 8.8 ---------------- 8.8 B8 C=120 32.95 0.0 0.0 26.70 0.003 146.95 0.4 8.8 Vel = 1.59 UNITS - DIAMETER (INCH) LENGTH (FOOT) FLOW (GPM) PRESSURE (PSI) •Bake N Joy Drawing Date: 1/ 5/10 15: 8 Tyco Fire Products Page 15 HYD. Qa DIA. FITTING PIPE Pt Pt REF "C" TYPES FTNG'S Pe Pv ******* NOTES ******* POINT Qt Pf/ft TOTAL Pf Pn A8 26.70 9.1 i UNITS - DIAMETER (INCH) LENGTH (FOOT) FLOW (GPM) PRESSURE (PSI) C) 0 0 LO v 0 0 T a 3 0 D D h L c c c c 11 i � IT C) CD N � aCO) - Client#- 22452 rMrAC ACORDTM CERTIFICATE OF LIABILITY INSURANCE ' MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH ;0;22/2009 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Sullivan Insurance Group, Inc. One Chestnut Place ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. 10 Chestnut Street POLICY EXPIRATION DATE MM/DD/YY Worcester, MA 01608-2804 INSURERS AFFORDING COVERAGE NAIC # INSURED CMC Associates, Inc. 2 Batterymarch Park One Pine Hill Drive INSURER A: Travelers Indemnity Company INSURER B: Charter Oak Fire Insurance INSURER c: Travelers Indemnity Company INSURER D: Everest National Insurance Quincy, MA 02169 INSURER E: COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR IkDD'L NSR TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE DATE MM/DD/YY POLICY EXPIRATION DATE MM/DD/YY LIMITS A GENERAL LIABILITY DTC03671 B873COF09 09/29/09 09/29/10 EACH OCCURRENCE $1,000,000 X COMMERCIAL GENERAL LIABILITY DAMAGE TO RENTED $300,000 nce MED EXP (Any one person) $5 000 CLAIMS MADE OCCUR PERSONAL 8 ADV INJURY $1,000,000 X PD Ded: $2,500 GENERAL AGGREGATE s2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMPIOP AGG s2,000,000 X POLICY X PRO LOC JECT B AUTOMOBILE X LIABILITY ANY AUTO DT8103671 B873TIL09 09/29/09 09/29/10 COMBINED SINGLE LIMIT $1'000'000 (Ea accident) BODILY INJURY $ (Per person) ALL OWNED AUTOS SCHEDULED AUTOS X X HIRED AUTOS NON -OWNED AUTOS BODILY INJURY $ (Per accident) PROPERTY DAMAGE $ (Per accident) GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $ OTHER THAN EA ACC $ ANY AUTO " AUTO ONLY: AGG $ D EXCESS/UMBRELLA LIABILITY 71C8000160091 09/29/09 09/29/10 EACH OCCURRENCE $10,000,000 X OCCUR 0 CLAIMS MADE AGGREGATE $10,000,000 $ DEDUCTIBLE Fx $ RETENTION $ 10,000 C WORKERS COMPENSATION AND DTACRUB977K812809 09/29/09 09/29/10 X WC STATU- OTH- PR EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE E.L. EACH ACCIDENT $1,000,000 E.L. DISEASE- EA EMPLOYEE $1,000,000 OFFICER/MEMBER EXCLUDED? If yes, describe under SPECIAL PROVISIONS below I E.L. DISEASE - POLICY LIMIT $1,000,000 OTHER DESCRIPTION OF OPERATIONS / LOCATIONS I VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS Evidence of Liability Insurance for the Named Insured For Informational Purposes Only SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL An DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR AUTHORIZED REPRESENTATIVE •'fA- ACORD 25 (2001/08) 1 Of 2 #S111521/M110406 KJA © ACORD CORPORATION 1988 CA m m m CO) m S = CO) C � _ CA10 Q CD n n Z y CLO r � ? o CZ CO) � o � CD o p c co o CLQ `C d CD CD CD C CD y. CD o CA =O COCD v y O � Z O O .rt O CD O CCD 0 n O z cnC m �q C/) Crb7 v,0 0071 by rD = w d H m N y ElO m O m !7 a m � C) T C) Z CAn — O w � ro aGa X S.0 N, CD cn •+ =ra"4.a Or W 0 T y m N -4 O� o r.-0: C - 4 � m 2 m C2 2 m o �'o�- ZE.� .. 00 CD C y so CL c?� m H `7 CD �0CD Z �. HIm O L w H ,Cc r C �1 O m m. N H C H O CT 3 .Ort m C CDom: CD :--_ pviiCD o CD d m C � CA c �J o=. SCD' m �q C/) Crb7 v,0 0071 by rD a H w COD w °�° Cil Ci7 H 0 w °�° r" w � ro aGa X w 0to 00 r CD cn 0 rD O o 4 1 z O y 0 9 O C • 11a�.arhttult, - i)cltartntcnt of Public `a1'ct.N Board of Building' 42c-U1111ation• and Nianti:trd" Construction Supervisor License License: CS 43260 Restricted to: 00 CRISPIN J JACHOWICZ 73 GILBERT ST FRAMINGHAM, MA 01701 Y Expiration: 1/16/2011 t .,nun Tr--: 8699 f 11 www.mass.gov/dia . Workers' Compensation Insurance Affidavit: Builders/Contractors/Electricians/Plumbers Applicant Information Please Print Letsibly Name (Business/Organization/Individual): �NC /�$$pUpT�S, Al,-. Address: 2 4 4m ymt4mew /°arC , / P/Nk- 4iu /be, _ewi_ 4(w City/State/Zip: oywey, MA 02/4,9 Phone #: 6,/9-328-7899 Are you an employer? Check the appropriate box: The Commonwealth of Massachusetts 4. ❑ I am a general contractor and I Department of Industrial Accidents have hired the sub -contractors Office of Investigations listed on the attached sheet. t 600 Washington Street i Boston MA 02111 f 11 www.mass.gov/dia . Workers' Compensation Insurance Affidavit: Builders/Contractors/Electricians/Plumbers Applicant Information Please Print Letsibly Name (Business/Organization/Individual): �NC /�$$pUpT�S, Al,-. Address: 2 4 4m ymt4mew /°arC , / P/Nk- 4iu /be, _ewi_ 4(w City/State/Zip: oywey, MA 02/4,9 Phone #: 6,/9-328-7899 Are you an employer? Check the appropriate box: I. ❑ I am a employer with 4. ❑ I am a general contractor and I employees (full and/or part-time).* have hired the sub -contractors 2. ❑ I am a sole proprietor or partner- listed on the attached sheet. t ship and have no employees These sub -contractors have working for me in any capacity, workers' comp. insurance. [No workers' comp, insurance 5. ❑ We are a corporation and its required.] officers have exercised their 3. ❑ 1 am a homeowner doing all work right of exemption per MGL myself. [No workers' comp. c. 152, § 1(4), and we have no insurance required.] t employees. [No workers' comp. insurance required.] Type of project (required): 6. ❑ New construction 7. [✓]Remodeling 8. ❑ Demolition 9. ❑ Building addition 10. ❑ Electrical repairs or additions 11.0 Plumbing repairs or additions 12.❑ Roof repairs 13.❑ Other 'Any applicant that checks b& N I 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 their workers' comp. policy information. 1 am an employer that is providing workers' compensation insurance for my employees. Below is the policy and job site information. Insurance Company Name:' TRqyftF_RS IAW&Wl ly t�p, Policy # or Self -ins. Lic. #: bTA CRU S977M 81 2809 Expiration Date: 9 /a Job Site Address: 351 WMOU) ST. `50 &M /).ANMvER City/State/Zip: /V, AA/1oy" o IXA 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 under the pains and penalties of perjury that floe information provided above is true and correct. 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 #: AFFIDAVIT ELECTRICAL DESIGN To the Building Inspector: Permit No. I certify that to the best of my knowledge, information and belief; the plans and computations accompanying the attached application concerning the locus at: Bake N Joy, 351 Willow Street South., North Andover, MA Ward: are in accordance with the requirements ofthe Massachusetts State Building Code and all other pertinent laws and ordinances. H OF M400 0 JOHN C. Gu PIERGA m, CD ELECTRICAL —' U ELECTN No. 48291 is IV Fss� IV ENG\ Commonwealth of Massachusetts County of Essex JOHN C. PIERGA - 48291 ENGINEER - REG. NO. BLW Engineers, Inc. COMPANY 311 Great Road, Post Office Box 1551, Littleton, MA 01460 ADDRESS 978.486.4301 PHONE On this 8th day of January , 2010, before me, the undersigned notary public, personally appeared John C. Pierga , proved to me through satisfactory evidence of identification, which were Personal Knowledge _, to be the person who signed the preceding or attached document in my presence, and who swore or affirmed to me that the contents of the document are truthful and accurate to the best of his/her knowledge and belief. Before me, My Commissionexpires CRAIG M. FAR N", V'VORTH NOTARY PUF IC COMMONWEALTH OF MASSACHUSETTS ullh,'I�--�'OmmissicnExpi, !;; 20, 2016 Architecture, Engineering & Construction for the food & Beverage Industry Date: 11 January 2010 To: Town of North Andover Building Department 1600 Osgood Street North Andover, Massachusetts 01845 Re: Controlled Construction Affidavit Muffin Realty Trust Bake'n Joy Facility Renovations 351 Willow Street South North Andover, Massachusetts 01845 Project No: 20289 This plans submitted to the building department for the above referenced project have been prepared under my general supervision and meet the applicable provisions of the latest revision of the Massachusetts State Building Code, or any other authority having jurisdiction. This Architect / Engineer or a professionally qualified representative of this organization shall check shop drawings and or the related details for construction, shall be present at the site on a periodic basis to determine that the work is being executed in accordance with the plans approved for the building permit and that written reports will be submitted to the building department on a periodic basis relative to the construction progress. Before the area of work can be occupied, a final affidavit shall be submitted to the building department stating that to the best of this Architect / Engineer's knowledge the provisions of the building code have been complied with and that the area of work meets all of the necessary requirements for the proposed use and occupancy. AMaTodn, PE PLUMBING f'4 Subscribed and sworn to me before this /07 day of <?tiav _ 20W.6 . otar Public My Commission expires: , zwo/f! 2 Batterymarch Park. ■ 1 Pinehill Drive ■ Quincy, MA 02169 ■ 617.328.7899■ Fax 617.328.1779 www.cmcassociates.com i FIRE S!�� —INC.— Construction Control Affidavit PERMIT# ADDRESS: 351 WILLOW STREET SOUTH NORTH ANDOVER,MA. In accordance with Section 116.4 of the Massachusetts State Building Code, I, Steven E. Younis a Massachusetts Registered Engineer #46518, of 8 Haverstock Rd., Franklin, MA hereby certify that I have prepared or directly supervised the preparation of all design, plans, computations and specifications concerning ENTIRE PROJECT ARCHITECTURAL STRUCTURAL MECHANICAL FIRE PROTECTION ELECTRICAL OTHER (SPECIFY) For the above named project and to the best of my knowledge, such plans, computations and specifications meet the applicable provisions of the Massachusetts State Building Code 7th Edition, all acceptable engineering practices and all applicable laws and ordinances for the proposed use and occupancy. I further certify that I shall perform the necessar4y professional service and be present on the construction site on a regular and periodic basis to determine that the work is proceeding in accordance with the documents approved for the building Permit # and shall be responsible for the following as specified in Section 116.4: 1. Review of the shop drawings, samples and other submittals of the contractor as required by the construction, contract documents as submitted for Building Permits, and approval for conformance to the design concept. 2. Review and approval of the quality control procedures for all code required controlled materials. 3. Special architectural or engineering components requiring controlled material for construction specified in the accepted engineering practices standards listed in appendix G of the MASS STATE BUILDING CODE. PURSUANT TO SECTION 116.4, I SHALL SUBMIT PERIODICALLY, A PROGRESS REPORT TOGETHER WITH PERTINENT COMMENTS TO THE TOWN OF NORTH ANDOVER BUILDING INSPECTOR. UPON SATISFACTORY COMPLETION OF THE WORK, I SHALL SUNMIT A FIN REPORT AS TO THE SATISFACTORY COMPLETION AND READINESS STEVEN E. THE PROJECT FOR OCCUPANYC AND OR USE. o PYOUYOUNiS ROT 0 FIRE PROTECT ORIGINAL SIGNATURE AND SEAL DATE 200 Stonewall Blvd. ■ Suite 2A ■ Wrentham, MA 02093 ■ P: (508) 384 - 2001 ■ F: (508) 384 - 2551 ■ MA Contractor License SC113735 ■ RI Master License 000328 • CT Contractor I Bake N Joy Drawing Date: HYDRAULIC DESIGN INFORMATION SHEET Job Name: Bake N Joy Location: 351 WILLOW STREET SOUTH N.ANDOVER,MA.01845 Drawing Date: Contractor: PROFESSIONAL FIRE SYSTEMS INC. 200 STONEWALL BLVD. SUITE 2A WRENTHAM,MA. 02093 Designer: GLF Calculated By:SprinkCAD www.sprinkcad.com 451 N. Cannon Ave. Lansdale, PA 19446 Construction: NON-COMBUSTABLE Reviewing Authorities:N.ANDOVER FIRE DEPT. SYSTEM DESIGN Code:NFPA 13 Hazard:ORD HAZ I 1/ 5/10 15: 8 Remote Area Number: 1 Telephone:508-384-2001 Occupancy:BAKERY System Type:WET Area of Sprinkler Oper. 1500 sq ftl Sprinkler or Nozzle Density (gpm/sq ft) 0.150 1 Make: TYCO Area per Sprinkler 120.0 sq ftl Model: TY -FRB Hose Allowance Inside 0 gpm I K -Factor: 5.60 Hose Allowance Outside 250 gpm I Temperature Rating: 155 CALCULATION SUMMARY 16 Flowing Outlets gpm Required: 293.4 psi Required: -73.2 @ City Supply WATER SUPPLY Water Flow Test 1 Pump Data 1 Date of Test 7-29-08 1 Rated Capacity 1500 gpm i Static Pressure 45.0 psi I Rated Pressure 75.0 psi Residual Pres 37.0 psi 1 Elevation 0 I At a Flow of 1582 gpm I Make: Generic Elevation 0" I Model: i Location: 251 WILLOW STREET SOUTH Source of Information: JD LARKIN CO. SYSTEM VOLUME 1106 Gallons Notes: 06 Bake q Joy Drawing Date: 1/ 5/10 15: 8 HYDRAULIC CALCULATION DETAILS HYDRAULIC FLOW LOSS QTY DESCRIPTION LENGTH C ID gpm psi TOTALS Hydr Ref W Required at Hyd Area 1 293 10.2 psi 4 6" Grvd 90 Ell Firelock 56' 120 6.065 293 0.2 1 6" Grvd Shotgun Valve "90" 19' 120 6.065 293 0.1 1 6" Grvd Butterfly Valve "BFV" 10' 120 6.065 293 0.0 1 6" Fingd Back Flow Valve Ames "2000 CHART LOSS 293 5.5 Total Loss for Riser 5.8 psi Hydr Ref R1 Required at Pump Discharge 293 16.1 psi 1 75 psi@1500 gpm PUMP Generic NFPA 20 CHART 293 89.3 Hydr Ref R2 Required at Pump Suction 293 -73.2 psi Total Loss for Underground 0.0 psi Hydr Ref R3 Required at City Supply 293 -73.2 psi Water Source 45.0 psi static, 37.0 psi residual @ 1582 gpm 293 gpm 44.6 psi SAFETY PRESSURE 117.8 psi NOTE: Negative values in REQUIRED PRESSURE fields are acceptable in DEMAND calculations. Verify that AVAILABLE & SAFETY pressures are positive values. Available Pressure of 44.6 psi Exceeds Required Pressure of -73.2 psi This is a safety margin of 117.8 psi Maximum Water Velocity is 6.9 fps ,Bake1N Joy Drawing Date: 1/ 5/10 15: 8 FITTING NAME TABLE ABBREV. ----------------------------------------- NAME ----------------------------------------- C Coupling E 90' Standard Elbow F 45' Elbow S Straight Flow Thru Tee T 90' Flow Thru Tee V Valve LEGEND HYD REF Hydraulic reference. Refer to accompanying flow diagram. _ K FACTOR Flow factor for open head or path where Flow (gpm) = K x -\/P Qa Flow added or subtracted Qt Total flow DIA Actual internal diameter of pipe C Hazen Williams pipe roughness factor Pf/ft Friction loss per foot of pipe PIPE Length of pipe FTNG'S Number of fittings. See table above. TOTAL Total length (PIPE + FTNG'S) Pt Total pressure (psi) at fitting Pe Pressure due to change in elevation where Pe = 0.433 x change in elevation Pf Friction loss (psi) to fitting where Pf = 1 x 4.52 x (Q/C)^1.85 / ID^4.87 Pv Velocity pressure (psi) where Pv = 0.001123 x Q^2/ID^4 Pn Normal pressure (psi), where Pn = Pt - Pv NOTES: - Pressures are balanced to 0.01 psi. Pressures are listed to 0.1 psi. Addition may vary by 0.1 psi due to accumulation of round off. - Calculations conform to NFPA 13. - Velocity Pressures are not considered in these Calculations Page 3 Bake 'N Joy Drawing Date: 1/ 5/10 15: S Page 4 NODE ELEVATION SPRINKLER PRESSURE FLOW NOTES NO. (FT.) K -FACTOR (PSI) (U.S.GPM) -------------------------------------------------------------------------------- 25 26.00 7.6 25S 16.00 5.60 10.6 18.3 26 26.00 7.8 26S 16.00 5.60 10.8 18.4 27 26.00 7.8 27S 16.00 5.60 10.8 18.4 28 26.00 7.8 28S 16.00 5.60 10.8 18.4 29 26.00 7.4 29S 16.00 5.60 10.4 18.1 30 26.00 7.7 30S 16.00 5.60 10.7 18.3 31 26.00 7.6 31S 16.00 5.60 10.7 18.3 32 26.00 7.7 32S 16.00 5.60 10.7 18.4 33 26.00 7.7 33S 16.00 5.60 10.8 18.4 34 26.00 7.6 34S 16.00 5.60 10.7 18.3 35 26.00 7.3 35S 16.00 5.60 10.3 18.0 36 26.00 7.9 36S 16.00 5.60 10.9 18.5 37 26.00 7.9 37S 16.00 5.60 10.9 18.5 38 26.00 7.8 38S 16.00 5.60 10.8 18.4 39 26.00 7.8 39S 16.00 5.60 10.8 18.4 40 26.00 7.9 40S 16.00 5.60 10.9 18.5 50 26.00 8.6 51 26.00 8.5 52 26.00 8.5 53 26.00 8.5 54 26.00 8.6 55 26.00 8.5 56 26.00 8.5 57 26.00 8.5 58 26.00 8.5 59 26.00 8.5 60 26.00 8.5 61 26.00 7.7 62 26.00 8.6 63 26.00 8.5 64 26.00 8.5 65 26.00 8.5 66 26.00 7.4 67 26.00 8.6 Al 26.00 9.1 A2 26.00 9.1 'Bake 1N Joy Drawing Date: 1/ 5/10 15: S Page 5 NODE ELEVATION SPRINKLER PRESSURE FLOW NOTES NO. (FT.) K -FACTOR (PSI) (U.S.GPM) ---------=---------------------------------------------------------------------- A3 26.00 9.1 A4 26.00 9.1 A5 26.00 9.1 A6 26.00 9.1 A7 26.00 9.1 A8 26.00 9.1 A9 26.00 9.2 Bl 26.00 8.8 B2 26.00 8.8 B3 26.00 8.8 B4 26.00 8.8 B5 26.00 8.8 B6 26.00 8.8 B7 26.00 8.8 B8 26.00 8.8 B9 26.00 8.8 W 26.00 10.2 Max velocity of 6.93 occurs in the pipe from 62 TO 40 Nodes with "S" indicate a node at the top of a sprig or bottom of drop pendent. The node without an "S" is on the branch. Bake Joy Drawing Date: 1/ 5/10 15: 8 Tyco Fire Products Page 6 HYD. Qa DIA. FITTING PIPE Pt Pt REF "C" TYPES FTNG'S Pe Pv ******* NOTES ******* POINT Qt Pf/ft TOTAL Pf Pn 18.00 1.049 IE 10.00 10.3 10.3 K = 5.60 35S C=120 2.00 -4.3 0.0 18.00 0.107 12.00 1.3 10.3 Vel = 6.75 1.049 1.41 7.3 7.3 EqK = 6.67 35 C=120 0.00 0.0 0.0 18.00 0.107 1.41 0.2 7.3 Vel = 6.75 1.049 1E 3.46 7.4 7.4 66 C=120 1T 7.00 0.0 0.0 18.00 0.107 10.46 1.1 7.4 Vel = 6.75 9.87 2.635 9.09 8.5 8.5 65 C=120 0.00 0.0 0.0 27.87 0.003 9.09 0.0 8.5 Vel = 1.66 18.28 2.635 1T 10.41 8.6 8.6 67 C=120 16.47 0.0 0.0 46.15 0.007 26.89 0.2 8.6 Vel = 2.74 109.57 6.357 10.00 8.8 8.8 B3 C=120 0.00 0.0 0.0 155.72 0.001 10.00 0.0 8.8 Vel = 1.59 -24.95 6.357 10.00 8.8 8.8 B4 C=120 0.00 0.0 0.0 130.78 0.001 10.00 0.0 8.8 Vel = 1.33 -25.08 6.357 10.00 8.8 8.8 B5 C=120 0.00 0.0 0.0 105.70 0.000 10.00 0.0 8.8 Vel = 1.08 -25.42 6.357 10.00 8.8 8.8 B6 C=120 0.00 0.0 0.0 80.28 0.000 10.00 0.0 8.8 Vel = 0.82 -25.96 6.357 10.00 8.8 8.8 B7 C=120 0.00 0.0 0.0 54.32 0.000 10.00 0.0 8.8 Vel = 0.55 -26.70 6.357 10.00 8.8 8.8 B8 C=120 0.00 0.0 0.0 27.62 0.000 10.00 0.0 8.8 Vel = 0.28 UNITS - DIAMETER (INCH) LENGTH (FOOT) FLOW (GPM) PRESSURE (PSI) Bake Joy 10.4 Drawing Date: 5.60 29S C=120 1/ 5/10 15: 8 0.0 18.09 0.108 18.09 0.108 Tyco Fire Products 10.4 Vel = Page 7 HYD. Qa DIA. FITTING PIPE Pt Pt 2.00 0.0 REF 0.2 "C" TYPES FTNG'S Pe Pv ******* NOTES ******* POINT Qt Pf/ft 0.0 TOTAL Pf Pn 10.00 0.0 8.8 Vel = 1.12 0.9 2.635 2T 114.00 8.8 8.8 B9 C=120 32.95 0.0 0.0 .27.62 0.003 146.95 0.4 8.8 Vel = 1.64 265.79 6.357 4E 300.56 9.2 9.2 A9 C=120 70.41 0.0 0.0 293.41 0.003 370.97 1.1 9.2 Vel = 2.99 W 293.41 10.2 K = 91.66 -------------------------------------------------------------------------------- 18.09 1.049 lE 10.00 10.4 10.4 K = 5.60 29S C=120 2.00 -4.3 0.0 18.09 0.108 18.09 0.108 12.00 1.3 10.4 Vel = 6.78 1.049 lE 1.18 7.4 7.4 EqK = 6.65 29 C=120 2.00 0.0 0.0 0.2 8.5 Vel = 3.70 18.09 0.108 3.18 0.3 7.4 Vel = 6.78 B3 109.57 1.049 1T 2.45 7.7 7.7 61 C=120 5.00 0.0 0.0 18.09 0.108 7.45 0.8 7.7 Vel = 6.78 44.23 2.635 1T 1.09 8.5 8.5 60 C=120 16.47 0.0 0.0 62.32 0.012 17.56 0.2 8.5 Vel = 3.70 47.25 6.357 10.00 8.8 8.8 B2 C=120 0.00 0.0 0.0 109.57 0.000 10.00 0.0 8.8 Vel = 1.12 B3 109.57 8.8 K = 37.03 -------------------------------------------------------------------------------- 18.26 1.049 IE 10.00 10.6 10.6 K = 5.60 25S C=120 2.00 -4.3 0.0 18.26 0.110 12.00 1.3 10.6 Vel = 6.84 1.049 1T 3.62 7.6 7.6 EqK = 6.62 25 C=120 5.00 0.0 0.0 18.26 0.110 8.62 0.9 7.6 Vel = 6.84 UNITS - DIAMETER (INCH) LENGTH (FOOT) FLOW (GPM) PRESSURE (PSI) 'Bake N Joy Drawing Date: 1/ 5/10 15: 8 Tyco Fire Products Page 8 HYD. Qa DIA. FITTING PIPE Pt Pt REF "C" TYPES FTNG'S Pe Pv ******* NOTES ******* POINT Qt Pf/ft TOTAL Pf Pn 28.99 2.635 1T 10.41 8.6 8.6 54 C=120 16.47 0.0 0.0 47.25 0.007 26.89 0.2 8.6 Vel = 2.81 6.357 10.00 8.8 8.8 Bl C=120 0.00 0.0 0.0 47.25 0.000 10.00 0.0 8.8 Vel = 0.48 B2 47.25 8.8 K = 15.97 -------------------------------------------------------------------------------- 18.28 1.049 lE 10.00 10.7 10.7 K = 5.60 31S C=120 2.00 -4.3 0.0 18.28 0.110 12.00 1.3 10.7 Vel = 6.85 1.049 1T 2.45 7.6 7.6 EqK = 6.61 31 C=120 5.00 0.0 0.0 18.28 0.110 7.45 0.8 7.6 Vel = 6.85 7.66 2.635 10.50 8.5 8.5 58 C=120 0.00 0.0 0.0 25.94 0.002 10.50 0.0 8.5 Vel = 1.54 18.30 2.635 9.32 8.5 8.5 59 C=120 0.00 0.0 0.0 44.23 0.006 9.32 0.1 8.5 Vel = 2.63 60 44.23 8.5 K = 15.13 -------------------------------------------------------------------------------- 18.28 1.049 lE 10.00 10.7 10.7 K = 5.60 34S C=120 2.00 -4.3 0.0 18.28 0.110 12.00 1.3 10.7 Vel = 6.85 1.049 1T 3.46 7.6 7.6 EqK = 6.61 34 C=120 5.00 0.0 0.0 18.28 0.110 8.46 0.9 7.6 Vel = 6.85 67 18.28 8.6 K = 6.24 -------------------------------------------------------------------------------- UNITS - DIAMETER (INCH) LENGTH (FOOT) FLOW (GPM) PRESSURE (PSI) 'Bake N Joy Drawing Date: 1/ 5/10 15: 8 Tyco Fire Products Page 9 HYD. Qa DIA. FITTING PIPE Pt Pt REF "C" TYPES FTNG'S Pe Pv ******* NOTES ******* POINT Qt Pf/ft TOTAL Pf Pn ---------- 18.30 1.049 1E 10.00 10.7 10.7 K = 5.60 30S C=120 2.00 -4.3 0.0 18.30 0.110 12.00 1.3 10.7 Vel = 6.86 1.049 1T 2.45 7.7 7.7 EqK = 6.61 30 C=120 5.00 0.0 0.0 18.30 0.110 7.45 0.8 7.7 Vel = 6.86 59 18.30 8.5 K = 6.28 -------------------------------------------------------------------------------- 18.36 1.049, lE 10.00 10.7 10.7 K = 5.60 32S C=120 2.00 -4.3 0.0 18.36 0.111 12.00 1.3 10.7 Vel = 6.88 1.049 1T 1.45 7.7 7.7 EqK = 6.60 32 C=120 5.00 0.0 0.0 18.36 0.111 6.45 0.7 7.7 Vel = 6.88 -7.66 2.635 10.50 8.5 8.5 57 C=120 0.00 0.0 0.0 10.70 0.000 10.50 0.0 8.5 Vel = 0.64 18.36 2.635 10.50 8.5 8.5 56 C=120 0.00 0.0 0.0 29.06 0.003 10.50 0.0 8.5 Vel = 1.73 18.38 2.635 1T 64.74 8.5 8.5 55 C=120 16.47 0.0 0.0 47.45 0.007 81.22 0.6 8.5 Vel = 2.82 44.67 6.357 10.00 9.1 9.1 A2 C=120 0.00 0.0 0.0 92.12 0.000 10.00 0.0 9.1 Vel = 0.94 45.57 6.357 10.00 9.1 9.1 A3 C=120 0.00 0.0 0.0 137.68 0.001 10.00 0.0 9.1 Vel = 1.41 24.95 6.357 10.00 9.1 9.1 A4 C=120 0.00 0.0 0.0 162.63 0.001 10.00 0.0 9.1 Vel = 1.66 UNITS - DIAMETER (INCH) LENGTH (FOOT) FLOW (GPM) PRESSURE (PSI) Bake N Joy 6.357 10.00 Drawing Date: 9.1 1/ 5/10 15: 8 C=120 0.00 0.0 Tyco Fire Products Page 10 HYD. - Qa DIA. FITTING PIPE Pt Pt REF 9.1 "C" TYPES FTNG'S Pe Pv ******* NOTES ******* POINT Qt Pf/ft TOTAL Pf Pn 26.70 25.08 6.357 10.00 9.1 9.1 A5 0.00 C=120 0.00 0.0 0.0 10.00 187.71 0.001 10.00 0.0 9.1 Vel = 1.92 25.42 6.357 10.00 9.1 9.1 A6 C=120 0.00 0.0 0.0 213.13 0.002 10.00 0.0 9.1 Vel = 2.18 25.96 6.357 10.00 9.1 9.1 A7 C=120 0.00 0.0 0.0 239.09 0.002 10.00 0.0 9.1 Vel = 2.44 26.70 6.357 10.00 9.1 9.1 A8 C=120 0.00 0.0 0.0 265.79 0.002 10.00 0.0 9.1 Vel = 2.71 A9 265.79 9.2 K = 87.76 ------------------------ 18.36 1.049 1E 10.00 10.8 10.8 K = 5.60 33S C=120 2.00 -4.3 0.0 18.36 0.111 12.00 1.3 10.8 Vel = 6.88 1.049 1T 1.45 7.7 7.7 EqK = 6.60 33 C=120 5.00 0.0 0.0 18.36 0.111 6.45 0.7 7.7 Vel = 6.88 56 18.36 8.5 K = 6.31 ------------------------------------------------------------------------- 18.38 1.049 lE 10.00 10.8 10.8 K = 5.60 39S C=120 2.00 -4.3 0.0 18.38 0.111 12.00 1.3 10.8 Vel = 6.89 1.049 1T 1.45 7.8 7.8 EqK = 6.59 39 C=120 5.00 0.0 0.0 18.38 0.111 6.45 0.7 7.8 Vel = 6.89 55 18.38 8.5 K = 6.31 UNITS - DIAMETER (INCH) LENGTH (FOOT) FLOW (GPM) PRESSURE (PSI) 'Bake N Joy Drawing Date: 1/ 5/10 15: S Tyco Fire Products Page 11 HYD. Qa DIA. FITTING PIPE Pt Pt REF "C" TYPES FTNG'S Pe Pv ******* NOTES ******* POINT Qt Pf/ft TOTAL Pf Pn 18.41 1.049 lE 10.00 10.8 10.8 K = 5.60 27S C=120 2.00 -4.3 0.0 18.41 0.112 12.00 1.3 10.8 Vel = 6.90 1.049 1T 1.45 7.8 7.8 EqK = 6.59 27 C=120 5.00 0.0 0.0 18.41 0.112 6.45 0.7 7.8 Vel = 6.90 -7.83 2.635 7.34 8.5 8.5 52 C=120 0.00 0.0 0.0 10.58 0.000 7.34 0.0 8.5 Vel = 0.63 18.41 2.635 10.50 8.5 8.5 53 C=120 0.00 0.0 0.0 28.99 0.003 10.50 0.0 8.5 Vel = 1.72 54 28.99 8.6 K = 9.91 18.41 - 1.049 lE 10.00 10.8 10.8 K = 5.60 28S C=120 2.00 -4.3 0.0 18.41 0.112 12.00 1.3 10.8 Vel = 6.90 1.049 1T 1.45 7.8 7.8 EqK = 6.59 28 C=120 5.00 0.0 0.0 18.41 0.112 6.45 0.7 7.8 Vel = 6.90 7.83 2.635 10.50 8.5 8.5 51 C=120 0.00 0.0 0.0 26.24 0.002 10.50 0.0 8.5 Vel = 1.56 18.43 2.635 1T 64.74 8.6 8.6 50 C=120 16.47 0.0 0.0 44.67 0.006 81.22 0.5 8.6 Vel = 2.65 6.357 10.00 9.1 9.1 Al C=120 0.00 0.0 0.0 44.67 0.000 10.00 0.0 9.1 Vel = 0.46 A2 44.67 9.1 K = 14.82 -------------------------------------------------------------------- UNITS - DIAMETER (INCH) LENGTH (FOOT) FLOW (GPM) PRESSURE (PSI) Bake N Joy 1.45 7.8 Drawing Date: 5.00 0.0 1/ 5/10 15: 8 6.45 0.7 7.8 Vel = 6.90 K = Tyco Fire Products C=120 2.00 Page 12 HYD. Qa DIA. FITTING PIPE Pt Pt 10.9 Vel = REF "C" TYPES FTNG'S Pe Pv ******* NOTES ******* POINT Qt Pf/ft 0.0 TOTAL Pf Pn 0.112 5.83 0.7 18.41 1.049 lE 10.00 10.8 10.8 K = 5.60 26S C=120 2.00 -4.3 0.0 18.41 0.112 12.00 1.3 10.8 Vel = 6.90 1.049 1T 1.45 7.8 7.8 EqK = 6.59 26 C=120 5.00 0.0 0.0 18.41 0.112 6.45 0.7 7.8 Vel = 6.90 53 18.41 8.5 K = 6.30 -------------------------------------------------------------------------------- 18.43 1.049 1E 10.00 10.8 10.8 K = 5.60 38S C=120 2.00 -4.3 0.0 18.43 0.112 12.00 1.3 10.8 Vel = 6.91 1.049 . 1T 1.45 7.8 7.8 EqK = 6.59 38 C=120 5.00 0.0 0.0 18.43 0.112 6.45 0.7 7.8 Vel = 6.91 50 18.43 13.51 8.5 8.6 64 C=120 K = 6.30 -------------------------------------------------------------------------------- 18.47 1.049 lE 10.00 10.9 10.9 K = 5.60 36S C=120 2.00 -4.3 0.0 18.47 0.112 12.00 1.3 10.9 Vel = 6.92 1.049 1T 0.83 7.9 7.9 EqK = 6.58 36 C=120 5.00 0.0 0.0 18.47 0.112 5.83 0.7 7.9 Vel = 6.92 -8.60 2.635 13.51 8.5 8.5 64 C=120 0.00 0.0 0.0 9.87 0.000 13.51 0.0 8.5 Vel = 0.59 65 9.87 8.5 K = 3.38 -------------------------------------------------------------------------------- 18.47 1.049 1E 10.00 10.9 10.9 K = 5.60 37S C=120 2.00 -4.3 0.0 18.47 0.112 12.00 1.3 10.9 Vel = 6.92 UNITS - DIAMETER (INCH) LENGTH (FOOT) FLOW (GPM) PRESSURE (PSI) `Bake N Joy 2.635 Drawing Date: 8.5 63 1/ 5/10 15: 8 0.0 0.0 27.07 Tyco Fire Products 0.0 8.5 Vel = 1.61 Page 13 HYD. Qa DIA. FITTING PIPE Pt Pt 16.47 0.0 REF "C" TYPES FTNG'S Pe Pv ******* NOTES ******* POINT Qt Pf/ft 6.57 TOTAL Pf Pn 0.0 0.0 1.049 1T 0.83 7.9 7.9 EqK = 6.58 37 C=120 5.00 0.0 0.0 18.47 0.112 5.83 0.7 7.9 Vel = 6.92 8.60 2.635 10.50 8.5 8.5 63 C=120 0.00 0.0 0.0 27.07 0.003 10.50 0.0 8.5 Vel = 1.61 18.49 2.635 1T 59.49 8.6 8.6 62 C=120 16.47 0.0 0.0 45.57 0.007 75.96 0.5 8.6 Vel = 2.71 A3 45.57 9.1 K = 15.12 -------------------------------------------------------------------------------- 18.49 1.049 1E 10.00 10.9 10.9 K = 5.60 40S C=120 2.00 -4.3 0.0 18.49 0.113 12.00 1.3 10.9 Vel = 6.93 1.049 1T 0.83 7.9 7.9 EqK = 6.57 40 C=120 5.00 0.0 0.0 18.49 0.113 5.83 0.7 7.9 Vel = 6.93 62 18.49 8.6 K = 6.32 -------------------------------------------------------------------------------- 7.66 2.635 7.34 8.5 8.5 57 C=120 0.00 0.0 0.0 7.66 0.000 7.34 0.0 8.5 Vel = 0.45 58 7.66 8.5 K = 2.63 -------------------------------------------------------------------------------- 7.83 2.635 10.50 8.5 8.5 52 C=120 0.00 0.0 0.0 7.83 0.000 10.50 0.0 8.5 Vel = 0.47 51 7.83 8.5 K = 2.68 -------------------------------------------------------------------------------- UNITS - DIAMETER (INCH) LENGTH (FOOT) FLOW (GPM) PRESSURE (PSI) 'Bake N Joy Drawing Date: 1/ 5/10 15: 8 Tyco Fire Products Page 14' HYD. Qa DIA. FITTING PIPE Pt Pt REF "C" TYPES FTNG'S Pe Pv ******* NOTES ******* POINT Qt Pf/ft TOTAL Pf Pn 8.60 2.635 11.00 8.5 8.5 64 C=120 0.00 0.0 0.0 8.60 0.000 11.00 0.0 8.5 Vel = 0.51 63 8.60 8.5 K = 2.94 -------------------------------------------------------------------------------- 24.95 2.635 2T 114.00 8.8 8.8 B4 C=120 32.95 0.0 0.0 24.95 0.002 146.95 0.3 8.8 Vel 1.48 A4 24.95 9.1 K = 8.27 -------------------------------------------------------------------------------- 25.08 2.635 2T 114.00 8.8 8.8 B5 C=120 32.95 0.0 0.0 25.08 0.002 146.95 0.3 8.8 Vel = 1.49 A5 25.08 9.1 K = 8.31 -------------------------------------------------------------------------------- 25.42 2.635 2T 114.00 8.8 8.8 B6 C=120 32.95 0.0 0.0 25.42 0.002 146.95 0.3 8.8 Vel = 1.51 A6 25.42 9.1 K = 8.42 -------------------------------------------------------------------------------- 25.96 2.635 2T 114.00 8.8 8.8 B7 C=120 32.95 0.0 0.0 25.96 0.002 146.95 0.3 8.8 Vel = 1.54 A7 25.96 9.1 K = 8.59 -------------------------------------------------------------------------------- 26.70 2.635 2T 114.00 8.8 8.8 B8 C=120 32.95 0.0 0.0 26.70 0.003 146.95 0.4 8.8 Vel = 1.59 UNITS - DIAMETER (INCH) LENGTH (FOOT) FLOW (GPM) PRESSURE (PSI) `Bake N Joy Drawing Date: 1/ 5/10 15: 8 Tyco Fire Products Page 15 HYD. Qa DIA. FITTING PIPE Pt Pt REF "C" TYPES FTNG'S Pe Pv ******* NOTES ******* POINT Qt Pf/ft TOTAL Pf Pn A8 26.70 9.1 UNITS - DIAMETER (INCH) LENGTH (FOOT) FLOW (GPM) PRESSURE (PSI) 0 O` L oaLO r Y 0 O Cl. O (j) H 00 E E 4) d O_ V 0) O) O O LO 3 N O E — cn it (A d 0) Q N M 00 chOh � N � N (.N QO Q Q. (M—i O O N 00 IV M LO N N co 3 O N N in O N N � 6. O d 3 M. Of LL 0 2 H O U) U*) W 00 W � O U) >,OW N -) JD¢ o zo a) z E Y � i[ac) cn O c0 Oct O N O 0. U) O O Lf) O V O O D n V D N N O L Q m O LO N LL p Date........1.... ...... "ao� TOWN OF NORTH ANDOVER 3�°;•<;�``°.;• p PERMIT FOR WIRING ,SSACMUS ..................................:...........:...................................... This certifies that .........' �•...lr..... has permission to perform ....... x- *--+- - ..........:......:................................................. wiring in the building of .e.......`.-r.*�~ % .--�-� .................................................................. �`: 2 �-� � , � �........ U Andover, Mass. at .. ......... ....................... .... ,North Fee./.14L %ra Lic. No! :C?" '�'`` `�? •`✓i ... .... ......... ....................... ELECTRICAL INSPBCTor Check N 5 6 J (f nwnWQa11A o` Ma99aclLweltd lug2',parr'manl o`.,Jfira.5arvicad BOARD OF FIRE PREVENTION REGULATIONS Official Use Only Permit No.G r' Occupancy and Fee Checked r :ev. 11/99) APPLICATION FOR PERMIT TO PERFORM ELECTRICAL WORK All work to be performed in accordance with the Mussachusetis faectrical Code (MEC), 527 CNIR 12.00 (PLEASE PRINT IN INK OR TYPE ALL INFORM (TION) llatc: City o►- '('own of: N c) AIV Dov En To lire Inspector of I+'rres: By this application the undersigned gives notice of his or her intention to perform the elecn•ical work described below. Locatiun (Street & Number) -5 S d W ► t.. c 5 T Owner or Tenalit 13PA6-M - SO I/ Telephone No. Owner's Address 5N nil f Is this permit in conjunction with n building permit? Yes ErNo EJ(Check Appropriate Box) Purpose of Buildinn C-0' n- ti, OIL 4 t Utility Aulliorizntiun No. Existing Soviet Amps I Volts Overhead ❑ Undgrd ❑ No. of Meters New Service Anilm / Volts Overlicad ❑ Undgrd ❑ No. of Meters Number of Feeders and Ampacity Location and Nature of Proposed Electrical Work: r'....... I.; ...... .. r.l._ A.I,----- =--- — I .. Manta aaamonat aetait i/ aesirea, or as required by the Inspector of Wires. INSURA.,NCE COVERAXE: Unless Nvaivcd by the owner, no permit for the performance of electrical work may issue unless the licensee pebvides proof of liability insurance including "completed operation" coverage or its substantial equivalent. The undersigned certifies that such coverage is in force, and has exhibited proof of some to the permit issuing office. CHECK ONE: 1NSUR \NCE ❑ BOND ❑ OTHER ❑ (Specify:) Estimated Value of Electrical Work:' (When required by municipal policy.) (Expiration Date) Work to Start: Inspections to be requested hi accordance with MEC Rule 10, and upon completion. / certify, raider the pains and penalties of peijury, that the informaii tt this appddcatdat 1 • e and complete. l,'1RL\1 NAML: 4MtIALC7 'E(6;e. _z.t C (tic LIC. NO.: l.icenscc: A ti j/%Un y r'-1 U, 2 E Signat- -o i9 i 5 3 7 5 (If applicable. enterntpt " in the license number litre.) I Bus. TCI. No.: Address: Alt. Tel, No.: OWNER'S INSURANCE NVAIVER: I am aware that the Licensee (toes not have the liability insurance covcra,e normally required by law. 13_x• my sibnature below, I hereby wui\•c this requirement. I ani (lie (check onc) ❑ owner ❑ owner's agent. O�iner/�\�cnl ` Signature 'Telephone No. Pj_Ri111T FLIT: S /-7 S �� - -.._.. _, ..._ ,_..._.....� ........ ..... .. �c nu,�cu UV Fllc IIIS CC7011O/ 11'IrC'S. No. of Recessed Fixtures No. of Ceil: Susp. (Paddle) Fans N o' o Total Transformers KVO\ No. of Lighting Outlets No. of Ilut "Tubs Generators K1'A No. of Lighting Fixtures Swimming Pool Above ❑ Iii- ❑ rid. griid. o. of Emergency Lialiting Units No. of Receptacle Outlets No. of Oil Burners -Battery FIRE ALARMS No. of Zones No. of Switches No. of Gas Burners No. of Metection an Initiating Devices Lm� No. of Ranges No. of Air Cond. Total Tons No. ,of Alerting Devices No. of Waste Disposers Ilcat uuip Totals: ung er l ons o. o c - ontamicd Detection/Alerting Devices No. of Dislni ashers Space/Area Heating K�V Local ❑ Co lne P on ❑ Other No. of Dryers Heating Appliances Security ystenis: No. of Devices or Equivalent No. of (Vater KlV o. of ► o. of pati 1Viriug: IIcalcrs Sins 13allasls No. of Devices or Equivalent No. Hydromassage Bathtubs No. of Motors Total h11, 1'elecommun►ca(ions NViring; No. of Devices or Equivalent OTHER: Manta aaamonat aetait i/ aesirea, or as required by the Inspector of Wires. INSURA.,NCE COVERAXE: Unless Nvaivcd by the owner, no permit for the performance of electrical work may issue unless the licensee pebvides proof of liability insurance including "completed operation" coverage or its substantial equivalent. The undersigned certifies that such coverage is in force, and has exhibited proof of some to the permit issuing office. CHECK ONE: 1NSUR \NCE ❑ BOND ❑ OTHER ❑ (Specify:) Estimated Value of Electrical Work:' (When required by municipal policy.) (Expiration Date) Work to Start: Inspections to be requested hi accordance with MEC Rule 10, and upon completion. / certify, raider the pains and penalties of peijury, that the informaii tt this appddcatdat 1 • e and complete. l,'1RL\1 NAML: 4MtIALC7 'E(6;e. _z.t C (tic LIC. NO.: l.icenscc: A ti j/%Un y r'-1 U, 2 E Signat- -o i9 i 5 3 7 5 (If applicable. enterntpt " in the license number litre.) I Bus. TCI. No.: Address: Alt. Tel, No.: OWNER'S INSURANCE NVAIVER: I am aware that the Licensee (toes not have the liability insurance covcra,e normally required by law. 13_x• my sibnature below, I hereby wui\•c this requirement. I ani (lie (check onc) ❑ owner ❑ owner's agent. O�iner/�\�cnl ` Signature 'Telephone No. Pj_Ri111T FLIT: S /-7 S �� 'WILLIAiIM I. SCOTT Director (978)688-9531 Town of North Andover OFFICE OF COMMUNITY DEVELOPMENT A.1D SERVICES 27 Charles Street North Andover, Massachusetts 018-15 NOTICE OF DECISION Any appeal shall be filed within (20) days after the date of filing this Notice in the Office of the Town Clerk. ,io certify thi :u►enly l2:) �a5 ;apsed from date of dslisi - Gtecf : ;.'Cut fii inng of 4n� 91 .ick A. fora_ Team Clerk Fax(978)688-954 C_ T_ \� -7 co Date June 28, 1999 Date of Hearing June 1, 1999 & June Zr 1999 Petition Of Robert Ogan C.E_O Bake —n— Jov Foods _ W Premises affected 351 Willow Street Referring to the above petition for a special permit from the requirements of the North Andover Zoning Bylaw Section 8.3 so as to allo After a public hearing given on the above date, the Planning Board voted to APPROVE- the SPECIAL PERMIT -SITE PLAN REVIEW based upon the following conditions: CC: Director of Public Works Building Inspector Conservation Department Health Sanitarian Assessors Police Chief Fire Chief Applicant Engineer Towns Outside Consu.tant File Interested 1 artier Signed i 1ds, Richard S.Rowen, Chairman Alison Lescarbeau, Vice Chairman John Simons, Clerk Richard Nardella Joseph V. Mahonev Planning Board �.. �'J:��,.:� j)1: f: \�`: ^_i)G•lI "��:;l jf\j\ '�V_,1�1ti 1 t l .. .... ..,... .. .. ... ... .. -. .. , ,'V '�,::�-�)�.,ir .: �. .... i-? •�n;;-:�� it '!.... .�:i , ..- � - 351 Willow Street Site Plan Review - Special Permit The Planning Board herein approves the Special Permit/Site Plan Review for the construction of additional offices and storage facility in the Industrial - 1 Zoning District. This Special Permit was requested by Robert Ogan, C.E.O. Bake & Joy Foods, 351 Willow Street, North Andover, MA 01845. This application was filed with the Planning Board on April 30, 1999. The Planning Board makes the following findings as required by the North Andover Zoning Bylaws Section 8.3 and 10.3: FINDINGS OF FACT: 1. The specific site is an appropriate location for the project as it is located in an industrial park and is zoned for industrial use. 2. The use as developed will not adversely affect the neighborhood as sufficient buffer exists. 3. There will be no nuisance or serious hazard to vehicles or pedestrians; 4. The site drainage system is designed in accordance with the Town Bylaw requirements. 5. The applicant has met the requirements of the Town for Site Plan Review as stated in Section 8.3 of the Zoning Bylaw; 6. Adequate and appropriate facilities will be provided for the proper operation of the proposed use. Finally the Planning Board finds that this project generally complies with the Town of North Andover Zoning Bylaw requirements as listed in Section 8.35 but requires conditions in order to be frilly in compliance. The Planning Board hereby grants an approval to the applicant provided the following conditions are met: WAIVERS GRANTED: 1. The Planning Board hereby agrees to waive the provisions of Section 8.3.5.e(i) [locus map] and Section 8.3.5(v) topography extending 50' beyond the site boundaries due to the fact that the location has been identified and the storm run-off is being routed to the developments' storm drainage system on Willow Street. 2. The Planning Board hereby agrees to waive the provisions of Section 8.3.5 e (xv) and Section 8.4 [landscaping and screening requirements] due to the fact that the site was previously approved by the Planning Board with a landscaping plan and that the site's landscaping is presently adequate. 3. The Planning Board waives the construction of the 16 shaded parking spaces shown to the left of the proposed 8,000 SF office addition as shown on the plan. These may be constructed in the future if determined necessary by the Building Inspector and the Town Planner. The Planning Board grants this waiver based upon the fact that these additions will not generate more than 5-6 employees and that there is ample parking presently on site to service the personnel. SPECIAL CONDITIONS: 1. The applicant agrees to eliminate the operation of the refrigerator trucks between 10:00 p.m. and 5:00 a.m. 2. Prior to the endorsement of the plans by the Planning Board, the applicant must comply with the following conditions: a) The drainage consultant, has approved the final plan. C) A bond in the amount of $12,000 shall be posted for the purpose of insuring that a final as -built plan showing the location of all on-site utilities, structures, curb cuts, parking spaces and drainage facilities is submitted. The bond is also in place to insure that the site is constructed in accordance with the approved plan. This bond shall be in the form of a check made out to the Town of North Andover. This check will then be deposited into an interest bearing escrow account. 3. Prior to the start of construction: a) A construction schedule shall be submitted to the Planning Staff for the purpose of tracking the construction and informing the public of anticipated activities on the site. b) All erosion control must be installed as shown the approved and endorsed plans. C) The applicant shall determine the preexisting conditions of the noise levels emanating from the site are to determine the baseline noise conditions of the site area. The noise survey will provide evidence of the origin of surrounding noise and therefore a baseline condition from which the applicant determine their increases. The noise levels shall not increase the broadband level by more then 10 dB (a) above the ambient levels or produce a "pure tone" condition as set forth in DAQC Policy 90-001, the guideline for 310 CMR 7.10. The applicant may use relevant professional sound emitting data from the prior building use to build a baseline based on prior use of the building and grounds. References to sources for data must be included in the material. 4. Prior to FORM U verification (Building Permit Issuance): a) The final site plan mylars must be endorsed and three (3) copies of the signed plans must be delivered to the Planning Department. b) A certified copy of the recorded decision must be submitted to the Planning Department. 5. Prior to verification ,of the Certificate of Occupancy: a) The applicant must submit a letter from the architect or engineer of the project stating that the building, signs, landscaping, lighting and site layout substantially comply with the plans referenced at the end of this decision as endorsed by the Planning Board. b) All lighting shall have underground wiring and shall be so arranged that all direct rays from such lighting falls entirely within the site and shall be shielded or recessed so as not to shine upon abutting properties or streets. The Planning Office must approve any changes to the approved lighting plan as submitted by the applicant. C) The building must have commercial fire sprinklers installed in accordance with the North Andover Fire Department. 6. Prior to the final release of security: a) A final as -built plan showing final topography, the location of all on- site utilities, structures, curb cuts, parking spaces and drainage facilities must be submitted to and reviewed by the Planning Staff and the Division of Public Works. 7. Any stockpiling of materials (dirt, wood, construction material, etc.) must be shown on a plan and reviewed and approved by the Planning Staff. Any approved piles must remain covered at all times to minimize any dust problems that may occur with adjacent properties. Any stock piles to remain for longer than one week must be fenced off and covered. In an effort to reduce noise levels, the applicant shall keep in optimum working order, through regular maintenance, any and all equipment that shall emanate sounds from the structures or site. 9. No HVAC equipment or other equipment that will emanate noise -exceeding levels cited herein shall be placed on the exterior of the structure. Such equipment shall be enclosed as shown on the plans. 10. All site lighting shall provide security for the site and structures however it must not create any glare or project any light onto adjacent residential properties. 11. The contractor shall contact Dig Safe at least 72 hours prior to commencing any excavation. 12. Gas, Telephone, Cable and Electric utilities shall be installed underground as specified by the respective utility companies. Utilities may be installed above ground where sub -surface conditions do not permit such installation. Evidence of such must be provided by the applicant. 13. No open burning shall be done except as is permitted during burning season under the Fire Department regulations. 14. No underground fuel storage shall be installed except as may be allowed by Town Regulations. 15. The provisions of this conditional approval shall apply to and be binding upon the applicant, its employees and all successors and assigns in interest or control. 16. Any action by a Town Board, Commission, or Department that requires changes in the plan or design of the building as presented to the Planning Board, may be subject to modification by the Planning Board. 17 18 19 Any revisions shall be submitted to the Town Planner for review. If these revisions are deemed substantial, the applicant must submit revised plans to the Planning Board for approval. This Special Permit approval shall be deemed to have lapsed after two years from the date permit granted unless substantial use or construction has commenced. Substantial use or construction will be determined by a majority vote of the Planning Board. The following information shall be deemed part of the decision: Plan titled: Plan of Land in North Andover, MA a cc. Director of Public Works Building Inspector Health Administrator Assessors Conservation Administrator Planning Board Police Chief Fire Chief Applicant Engineer File 351 Willow Street —site plan review 5 And Andover, MA Prepared for: Muffin Realty Trust Proposed addition & parking Prepared by: Thomas E. Neve Associates 447 Old Boston Road U.S. Route 1 Topsfield, MA 01983 Dated: April 30, 1999 Sheets: 1 through 4 cc. Director of Public Works Building Inspector Health Administrator Assessors Conservation Administrator Planning Board Police Chief Fire Chief Applicant Engineer File 351 Willow Street —site plan review 5 TOWN OF NORTH ANDOVER Office of the Building Department Community Development and Sei-vices 27 Charles Street North Andover, Massachusetts 01.845 D. Robert Nicetta, Building Commissioner November 11, 2002 Mr. Michael Berry Operations Manager Bake -N -Joy Foods 351 Willow Street North Andover, MA 01845 CEASE AND DESIST ORDER OPERATION OF REFRIGERATION TRUCKS AFTER HOURS Dear Mr. Berry: Telephone (978) 658-9545 FAX (978) 698-9542 Please be advised that this department has received a complaint in regards to the operation of refrigeration trucks running while parked during the hours of 10:00 — 5:00 PM. Please be aware that this activity is in violation of the special permit approved by the planning board for the rear addition in June of 1999 and must cease immediately. A copy of the special permit and the specific condition is enclosed. The specific issue is the noise being generated by the trucks and the refrigeration units running during the hours above noted. Please be aware that there is no remedy for this issue and this activity must cease. Please be further advised that under section 10.13 of the Town Zoning Ordinance states "Whoever continues to violate the provisions of this Bylaw after written notice from the Building Inspector demanding an abatement of a zoning violation ... shall be subject to a fine of three hundred dollars ($300) ... Each day that such violation continues shall be considered a separate offense." I may be reached between the hours of 8:30 — 10:00 AM and 1:00 — 2:00 PM at 978-688-9545. Respectfully, Michael McGuire Local Building Inspector CC Town planner Building Commissioner enc 4 , 'I'own of North Andover HaRT�, OFFICE OF COMMUNITYDEVELOPMENTAND SERVICES 0 . 09 t{ 27 Charles Street North Andover, Massachusetts 013.35 `MLLIAM J. SCOTT QSSACHUS E� Director (973) 683-9531 NOVICE OF DECISION Fax (973) 633-"542 Any appeal shall be filed within (20) days after the date of filing this Notice in the Office of the Town Cleric. tr certiy the, twerdy (2^) d::y3 c;:apsed from dZte Of di.filed .cit filing dIffWL 9�i sC,c* A rarer Ta-sn Clerk . 7." y� C_ r., n ti o -•1--c co June 28, 1999 Date Date of Hearing June 1, 1999 & June ZZ 199S' -- Petition of Robert Ogan C.E.O Bake -n- Joy Foods G: Premises affected 351 Willow Street Referring to the above petition for a special permit from the requirements of the North Andover Zoning Bylaw Section 8.3 After a public hearing given on the above date, the Planning Board voted to APPROVE the SPECIAL PERMIT -SITE PLAN REVIEW based upon the following conditions: CC: Director of Public Works Building Inspector Conservation Department Health Sanitarian Assessors Police Chief Fire Chief Applicant Engineer Towns Outside Consu.tant File Interested 1 :irties Signed � 'I Richard S.Rowen, Chairman Alison Lescarbeau, Vice Chairman John Simons. Clerk Richard Nardeila Joseph V. Mahoney Planning Board 351 Willow Street Site Plan Review - Special Permit The Planning Board herein approves the Special Permit/Site Plan Review for the construction of additional offices and storage facility in the Industrial - 1 Zoning District. This Special Permit was requested by Robert Ogan, C.E.O. Bake & Joy Foods, 351 Willow Street, North Andover, MA 01845. This application was filed with the Planning Board on April 30, 1999. The Planning Board makes the following findings as required by the North Andover Zoning Bylaws Section 8.3 and 10.3: FINDINGS OF FACT: 1. The specific site is an appropriate location for the project as it is located in an industrial park and is zoned for industrial use. 2. The use as developed will not adversely affect the neighborhood as sufficient buffer exists. 3. There will be no nuisance or serious hazard to vehicles or pedestrians; 4. The site drainage system is designed in accordance with the Town Bylaw requirements. 5. The applicant has met the requirements of the Town for Site Plan Review as stated in Section 8.3 of the Zoning Bylaw; 6. Adequate and appropriate facilities will be provided for the proper operation of the proposed use. Finally the Planning Board finds that this project generally complies with the Town of North Andover Zoning Bylaw requirements as listed in Section 8.35 but requires conditions in order to be fully in compliance. The Planning Board hereby grants an approval to the applicant provided the following conditions are met: WAIVERS GRANTED: 1. The Planning Board hereby agrees to waive the provisions of Section 8.3.5.e(i) [locus map] and Section 8.3.5(v) topography extending 50' beyond the site boundaries due to the fact that the location has been identified and the storm run-off is being routed to the developments' storm drainage system on Willow Street. 2. The Planning Board hereby agrees to waive the provisions of Section 8.3.5 e (xv) and Section 8.4 [landscaping and screening requirements] due to the fact that the site was previously approved by the Planning Board with a landscaping plan and that the site's landscaping is presently adequate. 3. The Planning Board waives the construction of the 16 shaded parking spaces shown to the left of the proposed 8,000 SF office addition as shown on the plan. These may be constructed in the future if determined necessary by the Building Inspector and the Town Planner. The Planning Board grants this waiver based upon the fact that these additions will not generate more than 5-6 employees and that there is ample parking presently on site to service the personnel. SPECIAL CONDITIONS: 1. The applicant agrees to eliminate the operation of the refrigerator trucks between 10:00 p.m. and 5:00 a.m. 2. Prior to the endorsement of the plans by the Planning Board, the applicant must comply with the following conditions: a) The drainage consultant, has approved the final plan. C) A bond in the amount of $12,000 shall be posted for the purpose of insuring that a final as -built plan showing the location of all on-site utilities, structures, curb cuts, parking spaces and drainage facilities is submitted. The bond is also in place to insure that the site is constructed in accordance with the approved plan. This bond shall be in the form of a check made out to the Town of North Andover. This check will then be deposited into an interest bearing escrow account. 3. Prior to the start of construction: a) A construction schedule shall be submitted to the Planning Staff for the purpose of tracking the construction and informing the public of anticipated activities on the site. b) All erosion control must be installed as shown the approved and endorsed plans. C) The applicant shall determine the preexisting conditions of the noise levels emanating from the site are to determine the baseline noise conditions of the site area. The noise survey will provide evidence of the origin of surrounding noise and therefore a baseline condition from which the applicant determine their increases. The noise levels shall not increase the 2 broadband level by more then 10 dB (a) above the ambient levels or produce a "pure tone" condition as set forth in DAQC Policy 90-001, the guideline for 310 CMR 7.10. The applicant may use relevant professional sound emitting data from the prior building use to build a baseline based on prior use of the building and grounds. References to sources for data must be included in the material. 4. Prior to FORM U verification (Building Permit Issuance): a) The final site plan mylars must be endorsed and three (3) copies of the signed plans must be delivered to the Planning Department. b) A certified copy of the recorded decision must be submitted to the Planning Department. 5. Prior to verification .of the Certificate of Occupancy: a) The applicant must submit a letter from the architect or engineer of the project stating that the building, signs, landscaping, lighting and site layout substantially comply with the plans referenced at the end of this decision as endorsed by the Planning Board. b) All lighting shall have underground wiring and shall be so arranged that all direct rays from such lighting falls entirely within the site and shall be shielded or recessed so as not to shine upon abutting properties or streets. The Planning Office must approve any changes to the approved lighting plan as submitted by the applicant. C) The building must have commercial fire sprinklers installed in accordance with the North Andover Fire Department. 6. Prior to the final release of security: a) A final as -built plan showing final topography, the location of all on- site utilities, structures, curb cuts, parking spaces and drainage facilities must be submitted to and reviewed by the Planning Staff and the Division of Public Works. 7. Any stockpiling of materials (dirt, wood, construction material, etc.) must be shown on a plan and reviewed and approved by the Planning Staff. Any approved piles must remain covered at all times to minimize any dust problems that may occur with adjacent properties. Any stock piles to remain for longer than one week must be fenced off and covered. In an effort to reduce noise levels, the applicant shall keep in optimum working order, through regular maintenance, any and all equipment that shall emanate ZD sounds from the structures or site. No HVAC equipment or other equipment that will emanate noise -exceeding levels cited herein shall be placed on the exterior of the structure. Such equipment shall be enclosed as shown on the plans. 10. All site lighting shall provide security for the site and structures however it must not create any glare or project any light onto adjacent residential properties. 11. The contractor shall contact Dig Safe at least 72 hours prior to commencing any excavation. 12. Gas, Telephone, Cable and Electric utilities shall be installed underground as specified by the respective utility companies. Utilities may be installed above ground where sub -surface conditions do not permit such installation. Evidence of such must be provided by the applicant. 13. No open burning shall be done except as is permitted during burning season under the Fire Department regulations. 14. No underground fuel storage shall be installed except as may be allowed by Town Regulations. The provisions of this conditional approval shall apply to and be binding upon the applicant, its employees and all successors and assigns in interest or control. 16. Any action by a Town Board, Commission, or Department that requires changes in the plan or design of the building as presented to the Planning Board, may be subject to modification by the Planning Board. 17. Any revisions shall be submitted to the Town Planner for review. If these revisions are deemed substantial, the applicant must submit revised plans to the Planning Board for approval. 18. This Special Permit approval shall be deemed to have lapsed after two years from the date permit granted unless substantial use or construction has commenced. (P/Oflc� I Substantial use or construction will be determined by a majority vote of the Planning Board. 19. The following information shall be deemed part of the decision: Plan titled: Plan of Land in North Andover,MA 4 J CC. Director of Public Works Building Inspector Health Administrator Assessors Conservation Administrator Planning Board Police Chief Fire Chief Applicant Engineer File 351 Willow Street — site plan review 5 And Andover, MA Prepared for: Muffin Realty Trust Proposed addition & parking Prepared by: Thomas E. Neve Associates 447 Old Boston Road U.S. Route 1 Topsfield, MA 01983 Dated: April 30, 1999 Sheets: 1 through 4 CC. Director of Public Works Building Inspector Health Administrator Assessors Conservation Administrator Planning Board Police Chief Fire Chief Applicant Engineer File 351 Willow Street — site plan review 5 a TOWN OF NORTH ANDOVER`;'`: MASSACHUSETTS x`33 Any appeal shall be filed NOTICE OF DECISION within (20) days after the date of filing of this Notice July 6, 1993 Date, � In the Office of the Town ........................ .. . Clerk. March 16,Apri120,May 18, Date of Hearing June. 1 f. June.15� .June 22, 1993 Petition of ...Muffin. Realty .Trust ........... . . 351 Premises affected , . ........Street .. .. , .. . Referring to the above petition for a special permit from the requirements .North.Ando:er Zoning Bylaw •Section•8.3•:•Site•Plan Review of the ., .•.•••. ... so as to permit the, construct: on ,of A ,13, 090, sq,. ft:. addition. to .an ,exist ing .building oto be used .for �manufacturin7 freezer for food��rocessinc�.facility............... ......... ............... ....... ....... After a public hearing given on the above date, the Planning Board voted CONDITIONALLY to .APPROVE .............. the ........................................................ cc: Director of Public Works Duilding Inspector Health Administrator Assessors Conservation Administrator Police Chief Fire Chief Applicant Engineer File Interested PArties based upon the following conditions: Signed Richard Nardella, Chairman ................................ John Simons, Vice Chairman ................................ Joseph Mahoney, Clerk ................................ John Draper ............................... Richard Bowen ........ 0laiiriinq Board........ J Mr. Daniel Long, Town Clerk Town Building 120 Main Street North Andover, MA 01845 Dear Mr. Long: July 6, 1993 120 Main Street, 01845 (508) 682-6483 Re: Site Plan Review - Bake 'N' Joy The North Andover Planning Board held a public hearing on March 16, 1993 in the Senior Center behind Town Building upon the application of Muffin Realty Trust, 351 Willow Street, requesting Site Plan Approval under Section 8.3 of the North Andover Zoning Bylaw. The following members were present: George Perna, Chairman, John Draper, Joseph Mahoney, Richard Nardella, Richard Rowen and John Simons. The legal notice was published in the Lawrence Eagle Tribune on March 1, and March 8, 1993 and all parties of interest were properly notified. Mr. Simons read the legal notice to open the public hearing. Mr. Simons also read a letter from the applicant requesting continuance of the public hearing to April 20th. Mr. James Bourgeois, Thomas E. Neve Associates, gave a brief introduction of the project. On a motion by Mr. Nardella, seconded by Mr. Draper the Board voted to continue the public hearing to April 20, 1993. On April 20, 1993 the Planning Board held a regular meeting. The following members were present: Joseph Mahoney, Richard Rowen, John Draper John Simons and George Perna. A letter was read from the applicant requesting continuance of the public hearing to May 18, 1993. On a motion by Mr. Perna, seconded by Mr. Rowen, the Board voted to continue the public hearing to May 18, 1993. On May 18, 1993 the Planning Board held a regular meeting. The following members were present: Richard Nardella, Joseph Mahoney, Richard Rowen, George Perna and John Simons. NORT1 KAREN H.P. NELSON DiYeC`o' C?:..., n Town of NORTH ANDOVER BUILDING ; °'•"_ " ,SSA`"us CONSERVATION DIVISION OF HEALTH PLANNING & COMMUNITY DEVELOPMENT PLANNING Mr. Daniel Long, Town Clerk Town Building 120 Main Street North Andover, MA 01845 Dear Mr. Long: July 6, 1993 120 Main Street, 01845 (508) 682-6483 Re: Site Plan Review - Bake 'N' Joy The North Andover Planning Board held a public hearing on March 16, 1993 in the Senior Center behind Town Building upon the application of Muffin Realty Trust, 351 Willow Street, requesting Site Plan Approval under Section 8.3 of the North Andover Zoning Bylaw. The following members were present: George Perna, Chairman, John Draper, Joseph Mahoney, Richard Nardella, Richard Rowen and John Simons. The legal notice was published in the Lawrence Eagle Tribune on March 1, and March 8, 1993 and all parties of interest were properly notified. Mr. Simons read the legal notice to open the public hearing. Mr. Simons also read a letter from the applicant requesting continuance of the public hearing to April 20th. Mr. James Bourgeois, Thomas E. Neve Associates, gave a brief introduction of the project. On a motion by Mr. Nardella, seconded by Mr. Draper the Board voted to continue the public hearing to April 20, 1993. On April 20, 1993 the Planning Board held a regular meeting. The following members were present: Joseph Mahoney, Richard Rowen, John Draper John Simons and George Perna. A letter was read from the applicant requesting continuance of the public hearing to May 18, 1993. On a motion by Mr. Perna, seconded by Mr. Rowen, the Board voted to continue the public hearing to May 18, 1993. On May 18, 1993 the Planning Board held a regular meeting. The following members were present: Richard Nardella, Joseph Mahoney, Richard Rowen, George Perna and John Simons. Page 2: Bake 'N' Joy James Bourgeois, Engineer, was present. Also present was Steven Caron, 22 Kathleen Drive, Andover, as the neighborhood spokesperson. The applicant is proposing a 13,090 sq.ft. freezer addition. Mr. Bourgeois gave the Board a summary of the proposal. A 50 ft. extension of loading (paving) area to new loading bays into a grassy slope. There would be 40-50 ft. of trees eliminated by this proposal. No additional employees will be required. Parking - 84 spaces built, 65 used. Materials for addition will match existing structure. Mr. Rowen asked why 40-50 ft. of trees would be pulled out to get to the loading dock. Three new docks were being added for a total of 10. There would be no operations on the weekends. Current Night-time Operations: 1. Up to 6 trucks with refrigeration loaded between 5:00 p.m. and 2:00 a.m. Trucks idle until departure at 5:00 a.m. 2. Night shift ends when trucks are loaded. Mr. Perna asked Ms. Bradley to check the Town Bylaw regarding idling trucks. Kathleen Drive neighbors told the Board that it has been a historic problem with the noise and vibrations. The applicant has two proposals to address the noise and vibrations issues: 1. berm constructed - 50' tree cut Mr. Perna asked what the distance was from the berm to the nearest house. The answer was 425 ft. 2. Limit hours of operations because berm tied to construction of addition, not going to be constructed until next year. The applicant would agree not to run trucks at night until berm was built with option at that time to. make a determination as to whether limit of operation works better. Berm to be considered as an option. Mr. Robert Ogan, Vice President of Bake 'N' Joy spoke on the hours of refrigerator units on trucks - no operation until 5:00 a.m. I Page 3: Bake 'N' Joy Mr. Nardella questioned effect on business. Mr. Ogan stated that this limitation would not have a great detriment to business. Mr. Nardella reserved comments regarding lighting and landscaping until the next meeting. Mr. Robert Cates, 16 Kathleen Drive, stated that at 5:00 a.m. horns are blowing, there is banging and slamming. Peter Schwind, 20 Kathleen Drive, stated that neighbors have been working together, berms as a permanent solution, question problems with memorializing agreement. Dorothea Bakulski, Kathleen Drive, affected by vibrations. Beth Schwind, 20 Kathleen Drive asked what happens if there is a new owner. The answer was that the requirements would be memorialized in any Planning Board decision. Steve Caron, 22 Kathleen Drive, questioned about increase in the number of trucks in the future. One of the abutters stated that there is a problem at 5:00 a.m. with windows open in the summer and the excess noise. Mr. Nardella suggested monitoring the level of noise in the early morning. Phyllis Cates, Kathleen Drive, stated that there was a lighting problem although it has improved because lights redirected down. Conservation approved with the following: 1. add one catch basin 2. modify existing to create swall Barbara Pulsford wanted berm to curve around site. Mr. Bourgeois said no because of the wetland edge. On a motion by Mr. Rowen, seconded by Mr. Simons the Board voted to continue the public hearing to June 1, 1993. On June 1, 1993 the Planning Board held a regular meeting in Cafeteria A at the High School. The following members were present: Richard Nardella, John Simons, Joseph Mahoney, Richard Rowen, George'Perna and John Draper. A letter was submitted to the Board by the neighbors. A letter was also submitted to the Board by Neve Associates. Q Page 4: Bake 'N' Joy Mr. Simons questioned the elimination of 100' of trees. Mr. James Bourgeois stated that 200' of trees will remain between limit of construction and Route 114. Mr. Draper asked what the berm would be made of. Mr. Bourgeois stated that it would be an earth berm with woodboard fence on top. Additional parking not required. There will be 65 spaces utilized and 75 space provided. Mr. Perna asked if any new people will be hired as part of the expansion. Mr. Ogan, Bake 'N' Joy, stated that there would be no new people hired. Mr. Draper asked if there would be any additional expansion. Mr. Bourgeois stated that there may be additions but no plans at the present time. Mr. Ogan talked with the morning manager to get the morning schedule. 4:45 a.m. 6 people arrive - gate unlocked doors opened 5:00 - 5:15 trucks leave —trucks do not back up in the morning. Trucks come back from routes between 1:00 a.m. to 4:00 p.m.. They pull into the yard and back into building in the afternoon and turned off for the night. Trucks are loaded in the morning. Dry product is loaded onto the trucks at night until 9:00 to 10:00 p.m. Neighbors want to make sure these changes are permanent. Mr. Mahoney asked what were the plans for the berm. Mr. Bourgeois asked that the Board approve conditionally with restrictions on hours of operations and when addition is constructed, either keep hours of operations restricted or build berm. Mr. Peter Schwind, 13 Kathleen Drive, stated that there was still some noise. Mr. Nardella asked if there was any way further to mitigate the noise. Mr. Bourgeois answer was "no". Neighbors concerned that there will not be a permanent physical barrier - enforceability problems. It would not be practicable to build berm if not required because it would eliminate trees. Neighbors would like a sound barrier to address early morning issues. 9 351 Willow Street - Bake 'N Joy Site Plan Review Conditional Approval The Planning Board makes the following findings regarding this Site Plan Review for the construction of a 13,000 sq.ft. addition to the existing Bake 'N Joy Building as required by section 8.3 of the North Andover Zoning Bylaws: FINDINGS OF FACT: 1. The proposed use and site design for this lot are appropriate, as this is an addition to an existing facility on site. 2. Adequate vehicular and pedestrian access into the site has been provided with the adherence to the approved plans. 3. The landscaping plan as shown and revised, meets the requirements of section 8.4 of the Zoning Bylaws. See also Condition 6 below. 4. The site drainage system is designed in accordance with the Town Bylaw requirements. 5. The applicant has met the requirements of the Town for Site Plan Review as stated in Section 8.3 of the Zoning Bylaw. 6. Adequate and appropriate facilities will be provided for the proper operation of the proposed use. Finally, the Planning Board finds that this modification generally complies with the Town of North Andover Zoning Bylaw requirements as listed in section 8.35 but requires conditions in order to be fully in compliance. Therefore, in order to fully comply with the approval necessary to construct the facility as specified in the Site Plan Review application before us, the Planning Board hereby grants an approval to the applicant provided the following conditions are met: SPECIAL CONDITIONS: 1. The applicant agrees to continue to eliminate operation of the refrigerator trucks between ten (10:00 p.m.) o'clock at night and five (5:00 a.m.) o'clock in the morning. The hours of operation of the refrigerator trucks will remain restricted until such time as the berm and fence as shown on the plans is constructed. 2. Prior to construction of the proposed : a. a bond in the amount of five thousand dollars 1 ($5000.00) shall be posted for the purpose of insuring that a final As -Built plan showing location of all on site utilities, structures, curb cuts, parking spaces and drainage facilities be submitted. This bond shall be in the form of a check made out to the Town Of North Andover. This check will then be deposited into an interest bearing escrow account. b. The applicant must meet with the Planning Staff and a designated representative of the Kathleen Drive neighborhood to evaluate the effectiveness of the limited hours of operation on the noise level in that neighborhood. After such meeting, the Planning Staff will determine whether or not the berm and fence as shown on the plans will need to be constructed. 3. Prior to FORM U verification (Building Permit Issuance): a. This decision shall be recorded at the Essex North Registry of Deeds and a recorded copy delivered to the Planning Staff. b. The applicant shall place erosion control measures on site as directed by the Town Planner. C. The North Andover Division of Public Works shall approve all plans. Any changes to the plans approved by the Planning Board shall be reviewed by the Town Planner. Any changes which the Town"Planner may deem as major shall be approved by the Planning Board. d. The Town Planner shall approve the material to be used in the exterior construction. The material is to be consistent with the existing building. 4. Prior to verification of -the Certificate of Occupancy: a. The building shall have fire sprinklers installed per order of the North Andover Fire Department. b. The site shall be reviewed by the Planning Staff. Any screening as may be reasonably required by the Planning Staff and/or Tree Warden will be added at the applicant's expense. c. A final as -built showing the location of all on site utilities, structures, curb .cuts, parking spaces and drainage facilities must be submitted to and approved by the Division of Public Works. d d. All artificial lighting used to illuminate the site shall be approved by the Planning Staff. All lighting shall have underground wiring and shall be so arranged that all direct rays from such lighting falls entirely I within the site and shall be shielded or recessed so as not to shine upon abutting properties or streets. The site shall be reviewed by the Planning Staff. Any changes to the approved lighting plan as may be reasonably required by the Planning Staff shall be made at the owner's expense. 5. Any Plants, Trees or Shrubs planted in accordance with the Landscape Plan approved in this decision, which die within one year from the date of this approval shall be replaced by the owner. 6. The contractor shall contact Dig Safe at least 72 hours prior to commencing any excavation. 7. Gas, Telephone, Cable and Electric utilities shall be installed as specified by the respective utility companies. 8. All catch basins shall be protected and maintained with hay bales to prevent siltation into the drain lines during construction. 9. No open burning shall be done except as is permitted during burning season under the Fire Department regulations. 10. No underground fuel storage shall be installed except as may be allowed by Town Regulations. 11. All signs within the project shall be of wood or stone, with uniform lettering and design. The signs shall in no way be interior illuminated. (Neon or other means) 12. No mechanical devices (ie: HVAC, vents, etc...) which may be visible from any surrounding roadways shall be placed on the roof. 13. The applicant, in conjunction with the Town Planner and/or the Tree Warden, shall mark all trees to be preserved prior to any construction on site. 14. The provisions of this conditional approval shall apply to and be binding upon the applicant, it's employees and all successors and assigns in interest or control. The following plans shall be deemed as part of the decision: Plans Entitled: Bake 'N Joy Foods, Inc. North Andover, MA Freezer Expansion Prepared by: Stahlman Engineering Corp. P.O. Box 245 10 Pleasant Street New London, NH 03257 Date: 2-23-93, rev. 5-10-93 Scale: 1"= 40' cc: Director of Public Works Building Inspector Health Administrator Assessors Conservation Administrator Planning Board Police Chief Fire Chief Applicant Engineer File Bakenj oy. site