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Home My WebLink AboutBuilding Permit #98-11 - 356 REA STREET 8/2/2010BUILDING PERMIT TOWN OF NORTH ANDOVER APPLICATION FOR PLAN EXAMINATION Permit NO: Date Issued: 7— — IMPORTANT: A L ION KIGY, [MAP." TYPE OF IMPROVEMENT New Building Addition Alteration Repair, eplai Demolition C oetJ a' OWNER: Nam Address: me Date Received 10 1b. — — z U51-1 tAORTh 0 W. 0 ArIE o 'IT ACHUS pplicant must complete all items on this page 777� — � - —77t "s rint "ON S IC --TR ac 3-13, no PROPOSED USE Residential One family Two or more family No. of units: Assessory Bldg Other Non- Residential 00 ain', p DESC�JPTION OF WO K TO BE PREFORMED: -7 ,.,?-, 2)eA Iq nelkl /Z X 7- Industrial Commercial 6—hers Identification Ple S�Type or Print Clearly) Phone: j4d, ARCH ITECT/ENG I NEER Address: Reg. No. FEESCHEDULE'* BULD'NG PERMIT41"O PER$1000.00 OF THE TOTAL ESTIMATED COSTBASED ON$125.00PER S.F. Total Project Cost: $ 00 FEE: Check No.: Q Receipt No.: 9"S NOTE: Personlsco4 ith unregistesed contractors do not hav,- of-ppe'v 1-4 Plans Submitted Plans Waived Certified Plot Plan Stamped Plans TYPE OF SEWERAGE DISPOS Public Sewer Tanning/Massage/Body Art Swimn-ling Pools Well Tobacco Sa les Food Packaging/Sales Private (septic tank, etc. Permanent Dumpster on Site THE FOLLOWING SECTIONS FOR OFFICE USE ONLY INTERDEPARTMENTAL SIGN OFF - U FORM A/4�'� IA) PLANNING & DEVELOPMENT COMMENTS DATE REJECTED DATEAPPROVED CONSERVATION Reviewed on Signature COMMENTS N t0c), HEALTH Reviewed on -7 //`P Signature 2 - COMMENTS /) W Zoning Board of Appeals: Variance, Petition No: Zoning Decision/receipt submitted yes Planning Board Decision: Comments Conservation Decision: Comments Water & Sewer Connection/Signature & Date Driveway Permit DPW Town Endneer: Sip -nature: �-o 0 Lot 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 MGL Chapter 166 Section 21A—F and G min.$100-$1000 fine NOTES and DATA — (For department use EJ Notified for pickup - Date Doc.Building Permit Revised 20 10 No Building Department The following is a list of the required forms to be filled out for the appropriate permit to be obtained. - Roofing, Siding, Interior Rehabilitation Permits • Building Permit Application • Workers Comp Affidavit • Photo Copy Of H.I.C. And/Or C.S.L. Licenses • Copy of Contract . • Floor Plan Or Proposed Interior Work • Engineering Affidavits for Engineered products NOTE: All dumpster permits require sign off from Fire Department prior to issuance of Bldg Permit Addition Or Decks • Building Permit Application • Certified Surveyed Plot Plan • Workers Comp Affidavit • Photo Copy of H.I.C. And C.S.L. Licenses • Copy Of Contract _u Floor/Crossection/Elevation Plan -Of Proposed Work With Sprinkler Plan And Hydraulic Calculations (If Applicable) Mass check Energy Compliance Report (If Applicable) u 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) u Building Permit Application u Certified Proposed Plot Plan u Photo of H.I.C. And C.S.L. Licenses u Workers Comp Affidavit Ej Two Sets of Building Plans (One To Be Returned) to Include Sprinkler Plan And Hydraulic Calculations (If Applicable) u Copy of Contract o Mass check Energy Compliance Report u Engineering Affidavits for Engineered products NOTE: All dumpster permits require sign off from Fire Department prior to issuance of Bldg Permit In all cases if a variance or special permit was required the Town Clerks office must stamp the decision from the Board of Appeals that the appeal period is over. The applicant must then get this recorded at the Registry of Deeds. One copy and proof of recording must be submitted with the building application Doc: Building Permit ReAsed 2008 L -ation oc No. Date TOWN OF NORTH ANDOVER Certificate of Occupancy $ Building/Frame Permit Fee $ Foundation Permit Fee $ Other Permit Fee $ TOTAL $ Check# /0 0 &Z 2 3 2 L �,'o Building Inspector ACORD Im. OF LIABILITY INSURANCE DATE (MM/DDNYYY) 1 0710912009 -CERTIFICATE PRODUCER Phone: (9781562-5652 Fax: 978-562-7120 WELSH & PARKER INSURANCE AGENCY, INC. THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE 131 COOLIDGE STREET, SUITE 100 HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR HUDSON MA 01749 ALTER THE COVERAGE AFFORDED BY THE POLICIFS BEL W. -Dr. I= INSURERS AFFORDING COVERAGE NAIC INSURED INSURER A- Merchants Insurance Group BLACKDOG BUILDERS, INC. INSURER B: Merchants Insurance Group 07101/09 BLACKDOG BUILDERS INVESTMENT HOLDINGS LLC 7 RED ROOF LANE #1 INSURERC: Merchants Insurance Group 1 INSURER D: Merchants Insurance Group SALEM NH 03079 INSURER E: Merchants Insurance Group 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, T14E INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOM MAY HAVE BEEN REDUCED BY PAID CLAIMS. IN RJAD L TR DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS TYPE OF INSURANCE I POUCY NUMBER I -Dr. I= POLICY EXPIRATK)N DATE (MMlDDNYj UM17S Gedenberg GENERAL LIABIUTY CMP9149773 07101/09 07/01110 EACH OCCURRENCE $ 1,000,000 DAMAGE TO RENTED S 100,000 PREMISES (Es occurence) X COMMERCIAL GENERAL UABIUTY CLAIMS MAOE7X OCCUR MED. EXP (Any one person) $ 5,000 PERSONAL & ADV INJURY $ 1,000,000 B GENERAL AGGREGATE $ 2,000,000 GEWL AGGREGATE LIMIT APPLIES PER: - PRODUCTS-COMPIOP AGG. $ 2,000,000 LfPRO- POLICY F7JECT 7 LOC I AUTOMOBILE LIABILITY ANY AUTO CAP9265878 07101109 07/01/10 COMBINED SINGLE LIMIT (Ea accident) $ 1,000,000 X BODILY INJURY ALL OWNED AUTOS SCHEDULED AUTOS (Par per_) $ C BODILY INJURY S (Per accident) HIRED AUTOS NON -OWNED AUTOS PROPERTY DAMAGE (Per accident) GARAGE LIABILITY AUTO ONLY - EA ACCIDENT OTHER THAN EA ACC S ANY AUTO AUTO ONLY: AGG $ EXCESS/ UMBRELLA UABIL17Y CUP9139768 07/01/09 07101/10 EACH OCCURRENCE $ 1,000,000 OCCUR 7 CLAIMS MADE AGGREGATE S 1,000,000 S D �DEDUCTIBLE E_ S x RETENTION $ 10,000 $ E WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPMETORIPARTNERIEXECLITIVE OFFICERIMEMBER EXCLUDED? WCA9095570 07/01109 07/01110 WC STATU- OTHER TORY LIMITS I I El. EACH ACCIDENT $ 100,000 E.L. DISEASE -EA EMPLOYEE S 100,000 yes, do crib& undet PECIALIP(ROVISIONS Wow E.L. DISEASE -POLICY LIMIT $ 500,000 OTHER: DESCRIPTION OF OPERATIONSILOCATIONSIVEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT/ SPECIAL PROVISIONS CERTIFICATE HOLDER CANCELLATION BLACKDOG BUILDERS, INC. SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE BLACKDOG BUILDERS INVESTMENT HOLDINGS LLC EXPIRATION DATE THEREOF. THE ISSUING INSURER WILL ENDEAVOR TO MAIL 10 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO 7 RED ROOF LANE #1 DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS SALEM NH 03079 AGENTS OR REPRESENTATIVES. AUTHORIZED REPRESENTATIVE Attention: Gedenberg ACORD 25 (2001/08) Certificate 30250 @ ACORD CORPORATION 1988 The Comn'Onwearlth of Massachusetts Depanmen, q Jzdustial Accidents r Office OfLnVe*'gations fio' Washing-Wn Street BostOYZ, M4 02111 Workers� Compensation X7x"-"2aSS-60'0'v1&a Insurance Affidavit: Buflders/Contractors/Elec tricians/Plumbers NaMe (B usness/C)rganizati O&Ldivi dual): Address: City/State/Zip: Y Phone #: A�5 you ail employer? Check the appropriate box: 1411 am a employer with 4. El I am a employees (fiffl and/or part-time). have "eneral contractor and 1 2. El I am a sole pr-oprietor himd the sub-contmGtors or partner- listed on the attached sh=t I ship and have no employees These sub`cOntractors have w0rl�ing for me in any capacity. workers I CrN ,r 6VK Type of project (required): 6. New construction 7. Remodeling 8- Demolition _.F - ce. L -No workers'comp. insurance 0 We are a cc)rNration and its Building addition required.] 3. F7 I am a homeowner doing all work off"= have exercised their 10-11 Electrical repairs or additions myself [No workers' comp. right of e-X=Vtion per MGL 11.0 Plumbing repals oradditions insurance required.] f c. 152, § 1 (4). and we have no 12.7 Roof repairs eniPloyets. [No workers' COMP. instiraiice requir-d_1 13.Zo -aut That ch f -.e I us! also a, tht Nectim b-zi-ow ..., M EUOV"ag =*L �&r Romeownen V�hc submit this afFL&vit indicating th,--3, a= doing all work and theii hu�� .& 1COntracton that --beck, this box mugi atbiched u additiom! sheet showin� MIS] contnct=� r'4=' Submit H 11- affidavit indicating such. 7,__ __ T_ . e x1ame of the sub-ccutiwton and th&ir -1- 1 ___ .. - ,F --- YQ1 '5PrOvz4Uz9 workers I compensafio Pu—Y imon=(M. informadon. J7 iftsuraance ,n w is the Policy andjob site Insurance Company Name: JA�,_fX4, n,, 6 P,0yeer. "CIO 5 - Policy # Or Self -ins. Lic. Mc/� Job Site Address: Expiration Date:_ Of City/State/Zip:_ L Attach a copy the workers' compensation Policy declara " ve, z4V . U4013 Page (showing the policy numb Failure to secure coverage as required under Section 25 er -and expiration date). A of MGL C. 152 can lead to the irapositi fine up to $1,500-00 and/or one-year iinpri*soninent, as well as civil penalties in th Of UP to S-150.00 a day against the viol on Of criminal penalties of a ator. Be advised that a cc> e form of a STOP WORK ORDER and a f Investigations of the DIA for insurance coverage verification. py of this statement may be forwarded to the Office of me I do hereby — "J P`rJ"rYv? ixt the infornzation. pro,44ej QffiOilrl use oniy. Do not writc in tiiis area, to be com Plered b J, cV Or 0"IN offiiaL & Irue and correct city or Town- Issuiftc, Authority (circle one): PermitUcense L B0 ;;d o"'e"Ib Z- Building Department 3, Ciq/Tow,, 6. Other Clerk 4. Ejeetriral Inspector 5. Plumb,." Inspector Contact Person: Phone' - r7. Information an- d Instructions Massachusetts Gen=1 Laws chapter 152 requires all cmPloY 4--rs to provide workers' Compensation for their employees. Pursuant to this =rate, an employee is defined as "...evmy p —rson in express or implied, ora I I or written." e— the service of another under any contract of hh, Ala employer is delined as "an individua� partnership, associ.-=-ttion, corporation or other legal entity, or a . ny two or more of the foregoing enga din a joint enterprise. and including t3ae legal representatives of a deceased employer, or the � - ge rectivtr or trustee ofan individuaL parmership, association ox- oth- cr legal entity, employing employe�es. Howt-,ver the owner of a dwelling house having not more than three apartoL ents and who resides therein, or the occupant of the dwelling house of another who -employs persons to do maint--mallce, construction or repair work on such dwelling house, or on the grounds or building appurtenant- thereto shall not bt:c--ause of such, employment be deemed to be an employer." MGL chapter 152, §25C(6) also states that "every state or 14.4cal licensing agency shall withhold the issuance or a renewal of a license or permit to operate a business or to c--onstruct buildings in the commonwealth for any applicant who has not produced acceptable evidence of co-Impliance with the insurance coverage required." Additional.ly, MGL chapter 152, §25C(7) states "Ne er the c--ornmcmwe ith alth nor any of its political subdivisions shall enter into any contract for the performance of public work um -til arc- le ptab evidence of compliance with the insa=e requirements of this chapter have b=n presented to the cont-aLcting authority.V1 A,pplicants Please fill out the workers' compensation affidavit romple I te :Y, by checking the boxes that apply to your situation and, if necessary, supply sub-contractor(s) name(s), address(es) and phone number(s) along with their certificate(s) of insurance. Limited Liability Companies (LLC) or Limited LiMbility Partnerships (LLP) with no employees other &an the members or parmen,. am not required to carry workers' cOTEP =sation insurance. If an LLC or LLP does have employees, a policy is required- Be advised that this affidavit may be submitted to the Department of Indust-u'd Accidents for confirmation of insurance coverage. Also be Evare to sign and date the affidaviL The affidavit should be returned. to the c-ity or town that the applicationfor the perriait or Licen-seis being requested, not tht Depar=--rit of Industrial Accidents. Should von have any questions regardin�. Z� g the lav, cri if you ar�e -�qui=d to obtain a workers, compensation policy, please call the Depaalment at the numbe::r listed below. Sclf-insured companies should -enter their self-inmranct license number on the appropriate line. City or Town Officials Please be sure that the affidavit is complete and printed legIblY. 'Me Department has provided a space at the bottom of the affidavit for you to fill out in the event the Office of Imv-estigatimls has to contact you regarding the applicant Please be sure to fill in the permit/lic-cme number which will be used as a reference number. In addition, an applicant that must submit multiple Perrmt/liceme applications in any given year, need only submit one affidavit indicating current policy information (if necessary) and under '.'Job Site Address" the applicant should write "all locations in _(city or town)." A copy of the affidavit that has been offici�11Y 9tankptd or marked by the city or town may be provided to the applicant as proof that a valid affidavit is on file for future p=7nits or licmses. A new affidavit must be filled out each -ense or :Pcrmit not related to any business. or commerciaj venture year. Wherr a home owner or citizen is obtaining a lir (i.e. a dog license or permit to burn leaves etc.) said person is NOT required to complete this affidavit. The Office of Investigations would like to than you in advance for your cooperation and should you have any questions, please do not hesitate to give us a call. The Departmerit's address, telephoncand,faxmumber-.. The Commonwealth of M2&3achU,,cttS ID'ePartm=t Of Jmdustrial Acxid=ts OTB-ce of Invesfications 600 Washin-tan str--t Reston, M -A 02111 Ttl. 4 617-72.7-4 ROO =xt 4LO6 or I -g —/7-1\4_kSSAFE Rc-vistd -`,-26-05 Fax 617-72,7- 7/749 - Wvm7 -mass.- nv/di2 I Section I of the Contract/Proposal for Beth and Brian Williamson Business Conditions 05/27/2010 Contract Proposal — Page 3 of 18 BUSINESS CONDITIONS TO THIS CONSTRUCTION CONTRACT This Contract, dated 05/28/2010 is by and between: Beth and Brian Williamson 356 Rea Street North Andover, MA 01845 Blackdog project code WILLI-9084 (Hereafter referred to as OWNER), and Blackdog Builders, Inc. 7 Red Roof Lane, Unit #1 Salem, NH 03079 (603) 898-0868 (Hereafter referred to as CONTRACTOR). Work will be performed at: 356 Rea Street, North Andover, MA 01845 (Hereafter referred to as PROPERTY) 1. GENERAL This CONTRACT is for the following work and materials to be performed by the CONTRACTOR on the PROPERTY address shown above. The project is generally described as follows: Deck (Hereafter referred to as WORK) The CONTRACT consists of this document, any plans, the specifications, the Blackdog client package and the Construction Contract. (Hereafter collectively referred to as the "CONTRACT") 2. PRICE The total price for the WORK agreed upon is $32,214.24. Payment terms are set out below in Paragraph 6. This proposal may be withdrawn by us if not accepted within thirty (30) days. 3. STARTING AND COMPLETION PROVISIONS The WORK will begin on approximately 7/2010 and will be completed, absent unusual or unforeseen circumstances, on 8/2010 providing this CONTRACT and any related CONTRACT documents are accepted when presented. Projects requiring two contracts (one for construction work and one for bath or kitchen product) will not be slotted into the schedule until both agreements have been executed. The aforementioned dates reflect our present workload. Projects are assigned a slot in our work schedule as they are accepted, on a first come first served basis. These dates may move based on the completion time of the project that immediately preceded yours. 4. PERMITS AND APPLICABLE CODES: COMPLIANCE WITH LOCAL LAW a. All work to be done under this CONTRACT will be in accordance with local, state and county building code. The CONTRACTOR shall obtain all necessary permits and pay all required permit and plan fees from the CONTRACT sum, unless otherwise agreed. The CONTRACT price does not include any fees, which may be incurred to obtain a variance, if required. The CONTRACT price does not include any unbid items required by any local building official to bring the project into compliance with any relevant local, state and county building code. 05/27/2010 Contract Proposal - Page 4 of 18 1b. All home improvement contractors/subcontractors working in the state of Massachusetts must be licensed and registered by the Bureau of Building Regulations and Standards. All inquiries concerning the CONTRACTOR should be transmitted to that office. In Massachusetts Blackdog Builders, Inc. operates under License number CS048847 and Registration number 106877. 5. SPECIFIC REQUIREMENTS FOR MATERIALS AND WORKMANSHIP a. This CONTRACT will be completed by the CONTRACTOR in a good and workmanlike manner, using quality materials. b. If applicable, the CONTRACT price includes the following allowances: See allowances under specifications. &PAYMENT a. Timely payment by the OWNER of all sums due under this CONTRACT is of the essence to this CONTRACT. The parties agree to the following schedule of payments: Deposit with this contract: $1,610.71 Payment Schedule amounts reflect a Partner Plan credit of $0.00 b. Payment Schedule Start of project $5,631.00 Start of framing $5,631.00 Start of deck'6r-,� $5,631.00 Start of railing $5,631.00 Start of painting $5,631.00 Substantial Completion $1,530.00 Completion of Punch List $918.53 c. Allowances for Owner Selected Components d. The CONTRACTOR may cease operations if any payment is not made by the OWNER as required herein, and proceed to collect any balance due through any remedy provided by law. Payments are due when the aforementioned progress milestones have been reached. It is understood that minor adjustments to the payments schedule may be necessary due to the flow of work or delays beyond the control of the CONTRACTOR. e. DEFINITIONS Substantially complete - The space or project is substantially complete when the space or project can be used for its intended purpose and only punch list items remain. Punch list - Work or product that has not been performed or provided. Warranty item - A product or service that has been provided or performed that does not meet or exceed industry standards. THESE CONDITIONS MUST BE ACCOMPANIED BY THE CONSTRUCTION CONTRACT 05/27/2010 Contract Proposal - Page 5 of 18 I Section 11 Construction Contract of the Contract/Proposal for Beth and Brian Williamson 05/27/2010 Contract Proposal — Page 6 of 18 1." , 4 CONSTRUCTION CONTRACT This Contract is by and between: Beth and Brian Williamson hereafter referred to as "OWNER", and Blackdog Builders, Inc hereafter referred to as "CONTRACTOR" for work at 356 Rea Street, North Andover, MA 01845 dated 05/28/2010. This CONTRACT consists of this document, any plans, the Specifications and Business Terms that are enclosed and the Blackdog Builders Client Package. (Hereafter collectively referred to as the "CONTRACT") 1. CONTRACTOR'S DUTIES -- GENERAL a. To direct and control the work contracted for in accordance with the terms of this CONTRACT and all applicable codes, laws, and regulations, and as the building permits issued for this project, if any, require. b. To inspect the site, examine the plans and specifications, if any, and supervise all of CONTRACTOR's employees, and to direct the work of all subcontractors selected by CONTRACTOR. c. To maintain the work site in a safe and clean condition, to the extent consistent with the CONTRACT. d. To advise the OWNER promptly if concealed conditions are ascertained which require additional or different work, and to proceed in such event in accordance with this CONTRACT. e. To provide locked storage for any equipment, tools, or other PROPERTY used in the performance of this CONTRACT, unless otherwise agreed in writing. 2. OWNER'S DUTIES -- GENERAL a. To provide adequate utilities for the work agreed upon. b. To advise the CONTRACTOR of any condition of the PROPERTY which affects CONTRACTOR's ability to perform. c. To provide secure storage areas for materials delivered to the work site. d. OWNER shall be entitled to make periodic inspections of the work site, provided such inspections do not interfere with the work and can, in the judgment of the CONTRACTOR, be made safely. Any other entry onto the construction site shall be at OWNER's risk. e. OWNER shall notify his insurance agent of the execution of this agreement and obtain any necessary riders to his current coverage or any locally customary forms of coverage, such as builders risk, to cover OWNER's interests and liabilities during the construction process. f. To perform no work on the project without a written agreement with the CONTRACTOR. g. To make no agreements with any trades person, subcontractor, or CONTRACTORS employees outside the scope of this CONTRACT without the written consent of the CONTRACTOR. 05/27/2010 Contract Proposal — Page 7 of 18 3. MATERIAL SUBSTITUTION CONTRACTOR reserves the right to substitute other materials, products and/or labor of equal or superior quality, utility, or similar color. 4. DELAY CONTRACTOR shall not be responsible for delays caused by events beyond the control of the CONTRACTOR, including but not limited to: strikes, war, acts of God, riots, governmental regulations and restrictions. Delays caused by OWNER's failure to make allowance materials selections or caused by the performance by CONTRACTOR of extras or necessary work (as described in Paragraph 6) shall likewise be excusable delays. 5. INSURANCE CONTRACTOR agrees to maintain all necessary forms of insurance to protect the OWNER from liability for any occurrence arising from the performance of this Contract. CONTRACTOR agrees that he shall cover his own employees for worker's compensation and carry general liability insurance, and that all forms of insurance referenced herein shall be with reputable companies licensed to do business in the state where the project is located. 6. HIDDEN, CONCEALED and UNFORESEEN CONDITIONS a. The parties agree that in the event CONTRACTOR discovers a hidden, concealed or unforeseen condition requiring an extra cost that they shall proceed as follows: The CONTRACTOR shall notify the OWNER verbally to expedite agreement as to any charge necessary to correct or cure such condition, and provide a written Work Order (as described in paragraph 7a) as soon as practicable. The parties must agree to such extra charges, or agree to a resolution method, or this CONTRACT may be cancelled by either of them. b. For purposes of this section, a "hidden, concealed and unforeseeable condition" shall mean a condition not readily observable to a prudent CONTRACTOR inspecting the subject PROPERTY for the purpose of performing this Contract. Examples of such conditions can include, but are not limited to; rot under siding; ledge below grade; pre-existing plumbing or electrical work not performed to code and pre-existing mold. c. Any change in the WORK required by building officials assigned to this project, including structural and/or any environmental hazards will be billed as an EXTRA charge to this CONTRACT and paid for by the OWNER as a Work Order. CONTRACTOR may cease operations if OWNER refuses to pay 7. EXTRAS a. Any extra work or materials desired by the OWNER shall be agreed upon in writing and such extras shall become a part of this CONTRACT as if fully set forth herein. Unless otherwise agreed, extra work shall be paid for as performed. Failure of the OWNER to sign a change order shall not preclude recovery for any work performed by CONTRACTOR, and acceptance of said extra work or materials shall be presumed, unless there is written notice to the contrary. b. CONTRACTOR shall advise OWNER, at the time of agreement on an extra, as to any additional time required to perform this CONTRACT. 05/27/2010 Contract Proposal — Page 8 of 18 8. ESCALATION CONTRACTOR reserves the right to pass on additional costs to OWNER resulting from the escalation of the cost of lumber or lumber byproducts. This cost may be passed on only, if after the CONTRACT is signed but before the construction commences, an increase in lumber costs is experienced. The CONTRACTOR must substantiate the change with evidence of the difference between lumber costs at the time of the CONTRACT and lumber costs at the time of construction. Only direct cost differences may be passed on, no allowances for overhead and profit shall be included. Any additional costs will be collected per Work Order (as described in paragraph 7a.). 9. EXCESS MATERIALS ON SITE CONTRACTOR routinely stores extra materials on site to improve efficiency and reduce the likelihood of running out of stock in the middle of a task. Unless otherwise specified in writing all excess materials on site at the end of the project are the PROPERTY of CONTRACTOR. 10. SUBCONTRACTORS a. CONTRACTOR shall select subcontractors as required to complete this CONTRACT. OWNER acknowledges that subcontractors will do various portions of the work. Any subcontractor selected by the CONTRACTOR shall have all requisite licenses for the work to be done by such subcontractor. b. It shall be the duty of the CONTRACTOR to use reasonable care in the selection of subcontractors. Absent objectionable performance by any subcontractor, the selection of subcontractors shall be an exclusive right of the CONTRACTOR. The CONTRACTOR shall require all subcontractors to have workmans compensation and liability insurance in force. c. CONTRACTOR shall pay subcontractors in a timely manner and obtain from subcontractors any necessary documentation required to release their liens, if any, as the work proceeds.. 11. TERMINATION AND CANCELLATION The CONTRACTOR may terminate and cancel this CONTRACT if any payment called for hereunder is not received as scheduled, provided that notice is given to the OWNER as provided below. Upon such termination, the CONTRACTOR shall have all remedies provided by law, including such lien rights as then apply. The OWNER may terminate this CONTRACT upon the following conditions: a. Failure of the CONTRACTOR, or his subcontractors, to pursue the work contracted for, absent excusable delay, as provided in Paragraph 4 above, for a continuous period of fourteen (14) days, without a written agreement permitting same, such agreement may be satisfied by a single notation to this CONTRACT. b. Failure of the CONTRACTOR to rectify any condition for which building code enforcement authority has issued a citation of violation notice, within fourteen (14) days notice of such violation, unless OWNER and CONTRACTOR otherwise agree. c. Any other failure to perform this CONTRACT required by the terms of this CONTRACT. 05/27/2010 Contract Proposal — Page 9 of 18 . �, - 'k d. No termination shall be effective unless 10 days notice of OWNER's intent is given as required below, during which time the default may be cured by the CONTRACTOR. e. Deposit monies - Cancellation of this CONTRACT prior to the commencement of work shall result in the forfeiture of any and all deposit monies collected. All deposits are non-refundable. The parties hereby agree that upon such cancellation, the CONTRACTOR shall suffer damages including but not limited to the cost associated with designing and preparing the project for commencement. f. You may cancel this agreement by observing the requirements of The Notice of cancellation you have received. g. If a dispute arises out of or is related to this Contract, or the breach thereof, the parties shall endeavor to settle the dispute first through direct discussions. If the dispute cannot be settled though direct discussions, the parties agree the dispute shall be settled by arbitration administered by the American Arbitration Association under its Construction Industry Arbitration Rules. In the event that arbitration is necessary, the parties agree that arbitration proceedings shall be conducted by a mutually agreed on arbitrator in Rockingham County, New Hampshire. If the parties cannot agree on an arbitrator, either party may file a written demand for arbitration in accordance with the rules of the American Arbitration Association. The arbitration award shall be final and judgment on the award may be entered in any court having jurisdiction thereof. This CONTRACT shall be governed and interpreted in accordance with the laws of the State of New Hampshire. The parties acknowledge that this agreement to arbitrate shall be governed by Chapter 542 of the New Hampshire Revised Statutes Annotated. Either party may, without waiving any remedy under this CONTRACT, seek from any court having jurisdiction any interim or provisional relief that is necessary to protect the rights or PROPERTY of that party, including but not limited to the right to seek liens or attachment. The prevailing party in any dispute arising out of or relating to this CONTRACT or its breach that is resolved by a binding dispute resolution process shall be entitled to recover from other party reasonable attorneys' fees, costs and expenses incurred by the prevailing party in connection with such dispute resolution process. Consumers in Massachusetts shall be required to submit to such arbitration as provided in MGL c. 142A. �eth and Brian Williamson Stephen Etuart Design Consultant Blackdog Builders, Inc. Notice: The signature of the parties above constitutes an acknowledgement of the agreement between the parties to alternative dispute resolution. Massachusetts consumers may have the right to initiate alternative dispute resolution even where this section is not signed by the parties. h. Unless otherwise agreed in writing, CONTRACTOR shall continue the WORK and maintain the agreed work schedule during any dispute resolution proceedings. If CONTRACTOR continues to perform, Owner shall continue to make payments in accordance with this Contract. 12. ENVIRONMENTAL HAZARDS a. The CONTRACTOR is NOT responsible for the inspection, discovery, abatement or removal of any 05/27/2010 Contract Proposal -Page 10 of 18 6 -, X A: environmental hazard including, but not limited to: asbestos; mold; lead; radon; ground water or environmental pollution at the work site, unless specifically covered in the specifications. b. In the event that any hazardous material is discovered during the course of construction, the testing, abatement and/or removal shall be the sole responsibility of the OWNER. c. Any additional costs incurred on account of suspension of the construction or changes to the specifications due to a hazard or its removal are the responsibility of the OWNER and will be handled by a Work Order. d. In the event that work does not resume within 30 days of the stoppage, OWNER agrees to immediately pay the CONTRACTOR the pro rated amount of the CONTRACT price applicable to work done up to that point pursuant to the Contract. WARRANTY OWNER warrants that as of the date of this CONTRACT: (1) the PROPERTY (including the land, surface water, ground water, and improvements to the land) is, and will continue to be, free of all contamination, including (a) "oil, petroleum products, and their by-products" (b) any "hazardous waste" as defined by the Resource Conservation and Recovery Act of 1976, as amended from time to time, and regulations promulgated thereunder; (c) any "hazardous substance" as defined by the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, as amended from time to time, and regulations promulgated thereunder, specifically including asbestos and mold; and (d) any other "hazardous substance" (2) the PROPERTY is in compliance with all environmental laws and regulations; and (3) there are no underground tanks on the PROPERTY INDEMNITY OWNER expressly acknowledges and agrees that it will reimburse, defend, indemnify and hold harmless CONTRACTOR, all Sub -contractors, their successors, assigns and employees from and against any and all liabilities, claims, damages, penalties, expenditures, losses or charges (including, but not limited to, all costs of investigation, monitoring, legal fees, remedial response, removal, restoration or permit acquisition) which may, now or in the future, be undertaken, suffered, paid, awarded, assessed, or otherwise incurred as the result of: (a) any contamination, existing in, on, above or under the PROPERTY (including, but not limited to, contaminated soil, mold, buildings, facilities and/or ground water); (b) any investigation, monitoring, clean up, removal, restoration, remedial response or remedial work undertaken on the PROPERTY; and (c) OWNER'S breach of any warranty given herein. 13. WARRANTIES a. The work of the CONTRACTOR, including materials and labor, shall be warranted for a period of three (3) years, during which period CONTRACTOR shall at its own expense correct any defect arising from its work unless it is a non -warrantable condition as set out in the Blackdog Builders Client Package. That package shall become a part of this CONTRACT as if fully set forth herein. b. Any and all warranties for appliances or mechanical systems shall be delivered to OWNER as the CONTRACTOR receives them. 05127/2010 Contract Proposal — Page 11 of 18 4 ; 'J X c. Notwithstanding any manufacturer's warranty of any component, appliance, or system, no action may be brought against the CONTRACTOR on this CONTRACT for the performance of this work, except as provided above. d. The quality of any work in question will be held to the standards issued in the Residential Construction Performance Guidelines — Third Edition published by the NAHB. 14. SEVERABILITY If any portion of this agreement is found invalid or unenforceable by any court, the remaining provisions shall remain in force between the parties. 15. ENTIRE AGREEMENT This CONTRACT consists of the documents defined herein, and constitutes the entire agreement of the parties. It can be modified only by a written document. OWNER acknowledges that he has read and received a legible copy of this agreement signed by CONTRACTOR, before any work was done, and that he has read and received a legible copy of every other document that OWNER has signed during the negotiation of this Contract. SUBMITTED: Stephenttuart Design Consultant Blackdog Builders, Inc. ACCEPTED: 6eth WilliaMSOT Brian Williamson DATE 05/28/2010 DATE: 05/27/2010 Contract Proposal — Page 12 of 18 North Andover MIMAP 356 Rea Street July 12, 2010 038.0-0330 038.0-0293 ' q� . -\ 038.0-0189 038.0-02774 038 -,'Q -t276 038.0-00-8 038. 0275 08:0 277, 038.0-0021 038.0-0278 038.0-019' , 033.0-0195 033.0-0194 038.0- 79 038.0-0196 - 038.0 -0193 - 038.0- 038.0-0192 033.0-0156 038.0-01 1 -:'S ff 38.0-0190 038.0-0155 038.0-0149 038.0-0151 038.0-0150 038.0-0122 038.0-0148 38.0-0146 038.0-0123 cc 038.0-0152 038.0-014-7 038.0-0145 038.0-0144 D3 24 038.0-0153 380-0121 038.0-0154 038.0-0183 038.0-0126 A 038.0-01877 038.0-0119 038.0-0023 38.0-00 V. X 038.0-0186 MIN403, 038.0- 3 032 .... ... 038.0-0037 38.0-011 % 038. 117 .... ...... "Mo Z W. ...... ...... .'k Ac: - 038.0-0098 J& SOM1,0324 . ...... .... ..... All. .... ...... .......... .. .... .... Av." Rail Line Interstates Interstate M.jor Roads Roads L7i Easements - Trails AORTM "'a. ". 6 0 Hori-tal Datum: MA Stateplane Coordinate System, Datum NAD83, Meters Data Sources: The data for this map was produced by Merrimack Valley Planning Commission (MVPC) using data provided by the Town of North Andover, Additional data provided by the Executive Office of Environmental AffaimtMassGIS. The information depicted on th1s map is C3 MVPC Boundary [3 Municipal Boundary 0 for planning purposes only. It may not be adequate for legal boundary iti. d.fin n or regulatory interpretation, THE TOWN OF NORTH ANDOVER MAKES NO WARRAN IES, EXPRESSED OR IMPLIED, CONCERNING THE ACCURAC COT Y MPLETENESS, RELIABILITY, OR SUITABILITY 113 OF THESE DATA. THE TOWN Parcels 4- OF NORTH ANDOVER DOES NOT Hydrographic Features S M A SU E ANY LIABILITY ASSOCIATED WITH THE USE OR MISUSE OF THIS INFORMATION Streams -1 Wetlands A Exempt Lands L 1" 198 ft I Massachusett.s - Department of Public Safety Board of Building Regulations and Standard,% pj,Supervisor License _tjc�nse: CS 75M Vi' or w Ho6k,.,--- AUBURN, 13LACKOOO Oklll�-Q� MlKF LIVINGM11 7 RIM ROOF LN. -salem, NH 03079 Expiration: 4r29M1 I Tr#- 14442 VGA ZMEW CONTRAC timer" to ment Card f -4 NORTHERN ASSOCIATES [NC 401 SOUTH BROADWAY.LAWRENCE MA.01W-3522 TEL:'(978� 837-i335 FAX:(975) 837-3336 MORTGAGOR. NMAN D.4 ZUZA5L'rH AWWAMSON DEED REF. .5200 / 25G LOCATION! 55G RZA 5TRV-7 PLAN REF: #7a3G CITY,5TAIT:: NORM ANDOVIM MA SCALE; 5M amorw DAM JUNE P8,2002 JOB #. P-0210597.5 2 sty. d=k 00 5CALE., 1'-40 20.88, t LOT I I lAA 5 4? T 0 1 "le AA no. :47. 10 "P REA STREET LOCU5 WALE: I "-eV CERTIMED To. 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