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Home My WebLink AboutBuilding Permit #614-15 - 412 MASSACHUSETTS AVENUE 1/20/2015BUILDING PERMIT TOWN OF NORTH ANDOVER APPLICATION FOR PLAN EXAMINATION'. Permit No#: 6Date Received Date Issued: f IMPORTANT: Applicant must complete all items on this page LOCATION 4/dAAc , 1 Print PROPERTY OWNER 'hGl(,� Print 100 Year Structure yes no MAP PARCEL: ZONING DISTRICT: _ Historic District yes no Machine Shop Village yesno TYPE OF IMPROVEMENT PROPOSED USE Residential Non- Residential ❑ I)lew 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 , U. jPESCRIPTION OF WORK TOBE PERFORMEfts,( I/I ACC Cly1/h(-Jier 1, c.4 / '1 4,, ,Soc,/v/ lf' ✓ur I -k - 1d titic tion - Please Type or Print Clearly OWNER: Name: ��rq() ,1 Phone: Address: 'IQ A Contractor Nameyii m,s Vhone: Address: 0/1, b4- 0 (Fci Supervisor's Construction License:- -Q 07�_ Exp. ' Date: Home Improvement License:f'j�C/ Exp. Date: ARCHITECT/ENGINEER Address: Phone: Reg. No. FEE SCHEDULE: BULDING PERMIT. • $12.00 PER $1000.00 OF THE TOTAL ESTIMATED COSTBASED ON $125.00 PER S. F. Total Project Cost: $ j�l,� T C)y FEE: $ l Check No.:_ Receipt No.: \� / NOTE: Persons contracting with unregistered contractors do not have access to the guaranty fu Signature of Agent/Owner T'� ^ Signature. of coritr or. - -- - ! 5_9 .j 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 PLANNING & DEVELOPMENT Reviewed On COMMENTS Signature CONSEI't ATION Reviewed on Signature \\COMMENTS HEALTH Reviewed on Signature COMMENTS .A. i Zoning Board of Appeals: Variance, Petition No: Zoning Decision/receipt submitted yes Planning Board Decision: Conservation Decision: Comments Comments Water & Sewer Connection/Signature & Date Drivewav Permit DPW Town Engineer: Signature: T FIRE DEPARTMENT - Temp Dumpster on s Located at 124 Main Street Fire Department signature/date COMMENTS Located 384 no Street 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 .�.......,�.,.....4- .1co1 4 x ❑ Notified for pickup Call Email Date Time Contact Name Doc.Building Permit Revised 2014 L Building Department The following is a list of the required forms to be filled out for the appropriate permit to be obtained. Roofing, Siding, Interior Rehabilitation Permits ❑ Building Permit Application ❑ Workers Comp Affidavit ❑ Photo Copy Of H.I.C. And/Or C.S.L. Licenses ❑ Copy of Contract ❑ Floor Plan Or Proposed Interior Work ❑ Engineering Affidavits for Engineered products NOTE: All dumpster permits require sign off from Fire Department prior to issuance of Bldg Permit Addition Or Decks ❑ Building Permit Application ❑ Certified Surveyed Plot Plan ❑ Workers Comp Affidavit ❑ Photo Copy of H.I.C. And C.S.L. Licenses ❑ Copy Of Contract ❑ Floor/Cross Section/Elevation Plan Of Proposed Work With Sprinkler Plan And Hydraulic Calculations (If Applicable) ❑ Mass check Energy Compliance Report (If Applicable) ❑ Engineering Affidavits for Engineered products NOTE: All dumpster permits require sign off from Fire Department prior to issuance of Bldg Permit New Construction (Single and Two Family) ❑ Building Permit Application ❑ Certified Proposed Plot Plan ❑ Photo of H.I.C. And C.S.L. Licenses ❑ Workers Comp Affidavit ❑ Two Sets of Building Plans (One To Be Returned) to Include Sprinkler Plan And Hydraulic Calculations (If Applicable) ❑ Copy of Contract ❑ Mass check Energy Compliance Report ❑ Engineering Affidavits for Engineered products NOTE: All dumpster permits require sign off from Fire Department prior to issuance of Bldg. Permit In all cases if a variance or special permit was required the Town Clerks office must stamp the decision from the Board of Appeals that the appeal period is over. The applicant must then get this recorded at the Registry of Deeds. One copy and proof of recording must be submitted with the building application Doc: Building Permit Revised 2014 J COMMENTS Location A-rr 11 No.6 Date TOWN OF NORTH ANDOVER Certificate of Occupancy $ Building/Frame Permit Fee Foundation Permit Fee $ Other Permit Fee $- TOTAL $ Check # Building Inspector Enter construction cost for fee cal - North Andover Fee Cakulation Construction Cost $ 54,050.00 m $ - $ 648.60 Plumbing Fee $ 81.08 Gas Fee 100 comm. $ 100.00 Electrical Fee $ 81.08 Total fees collected $ 910.75 412 Mass Avenue 614-15 on 1/20/15 Walk in closet and master bath to second floor bayth y O m uj am w V cn 2 F- E as a MA U) H C Im O w tm m O CD __ O N G1 t O Z O Q J X p FM Mw :5;; m to �� LLI CL Cl) 1� UJUJ 0 N . W JIL z V, U CL Z z 0 J m ;v N 0 i 'N N IMS � ~ ..� U�`'wv ! U w u' a \`� a' E* s f LL. 0 Z Z 5 Z w U ui co LLI Ld �' v v N u a+ T a t � — on L.� — oo7 _ O z 0 O LL a (%! X O. 'OO LL 2' CJ ro (6 d' LL c6 O d' LL O m N In uj am w V cn 2 F- E as a MA U) H C Im O w tm m O CD __ O N G1 t O Z O Q J X p FM Mw :5;; m to �� LLI CL Cl) 1� UJUJ 0 N . W JIL z V, U CL Z z 0 J m ;v N 0 i 'N N IMS The Commonwealth of Massachusetts , - Department of Industrigl Accidents Office oflnvestigations 660 4rashington. Street Boston, MA 02111 www.massgov/dia Workers' Compensation Insurance Affidavit: Builders/Cont°actors/ElectricianslPliimbe�� Applicant Information Please Prim Legibly Nan1e (Business/Orgadzaiionlln,dividual): �<,J City/State/Zip :A -L AR/e.A* Chia* Phone #: q 7' `_d Are ,yo an employer? Cheekthe appropriate box: 4• E] I am a general contractor and I 'Type of projec eguired): 6. ❑ N cOnstntction 1. Y I am a employer with _ L employees (full and/or parE time) have hired the sub -contractors `i. emodeling 2. ❑ I am a sole proprietor or partner listed on the attached sheet. t 'These sub -contractors have 8. ❑ Demolition ship and'havena.employees woxlang forme in any capacity, workers' comp. insurance. 9. ❑ Building addition [No workers' comp. insurance 5. ❑ We are a corporajion and its officers have exercised.their 10.0 Electrical repairs or additions required.] 3. El am a homeowner doing all work right of exemption per MGL il. ❑ Plumbing repairs or additions Myself. [Noworkers' comp. c. 1.52, §1(4), and wehaveno 12.QRoofrepalm insurancerequire4.1 ? employees. [No workers' 13.[] Other comp. insurance required.] *Any applicantthat checks box*I must also fill out the section below showing their workers' compensation policy information. i Homeowners who mbmitthis affidavit indicatingthey are doing allworlc and then hire outside contractors must submit anew affidavit indicating such. tConfractors that chekthis box mast attached an additional sheet showing the name of the sub -contractors and their workers' comp. policy information. I am an employer that isproviding workers' cornperasation insurance form employees Below is A lieY and job site Insurance Company Name: 17 S-5 r -r q Policy 0 or Sell ins. Lic. #: �/✓CL "V `��7 � Expiration Date: l or fZ / �� Job Site Address,.' i� / ' City/State/Zip:A4 br ' Attach a copy oithe workers' compensation'policy declaration page (showing the policy number and expiration date). -- -Tailare-to secure,—coverage—Rs requixedunder Section 25A ofMGL o.152 can lead to the imposition of criminal penalties of a fine up io $1,500;00 aridlox=orte-year iinprisonm ent; s vlell.as civil penalties=in=the fo rib of a STOP W ORD MER aed 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. X do Hereby c u _ v ins and persalt' of perjury that the information provided above is true and correct. - c,�„a p_ Date: twz Oficial use ortly. 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 ["�„facf PPr�nn: Phone Information and Instruction Massachusetts General Laws chapter 152 requires all employers to provide workers' compensation for their employees. Pursuant to this statute, an employee is defined as "...every person tri the service of another under any contract ofhire,• express or implied, oral or written." An employes is defined as "an individual, partnership, association, corporation or other legal entity, or any two or more of the Fore` oin engaged in a 'oint erste rise and includingthe le alre resentatives of a•deceased employer .ox tiie g.' J g p redeiver ox trusfee of an individu r a1, partnership, association or other legal entity, employing employees. However the owner of a dwelling house having notmore than three apartments and who resides thereimia or the occupant of the dwelling house of another who employs persons to do maintenance, construction or repair work on such dwelling house or on the grounds or building appurtenant thereto shall not because of such employment be deemed to be an employes." MGL chapter 152, §25C(6) also states that "every state or local lie-ensmi g agency shall withhold the issuance or renewal of a license or permit to operate a business or to construct buildings in the commonwealth fox any applicant who has not produced -acceptable evidence of compliance with the insurance coverage required." Additionally, MGL chapter 152, §25C(7) states "Neither the commonwealth nor any of its political subdivisions shall enter into any contract for the performance ofpubHc work until acceptable evidence of compliance with the insurance requirements of this chapter have been, presented to the contracting authority." Applicants Please fill out the workers' coznpensailon affidavit completely, by checking the boxes that apply to your situation, and, if necessary, supply sub-contxactor(s) name(s), address(es) andphone number(s) along with their certificates) of insurance. Limited Liability Companies (LLC) or Limited Liability Partnerships (LLP) with no employees other than the members or partners, are notrequiredto carry workers' compensationiusurance. If an LLC or LLP does have employees, apolloyisrequired. Be advised thatthisaffidavit maybe, submittedtothe Department of Industrial Accidents for confirmation of insurance coverage. Also be sure to sign and date the affidavit. The affidavit should be returned to the city or town that the application for 1hepermit or license is being requested, not the Department of Industrial Accidents. Should you have any questions regarding the law or if you are required to obtain a Workers' compensationpolicy, please call the Department at the number listed below. Self-insured companies should enter their self-insurance license number on the appropriate line. City or Town Officials Please be sure that the affidavit is complete andprinted legibly. The Department has provided a space at the bottom of the affidavit for you to fill, out in the event the Office of Investigations has to contact you regarding the applicant. Please be -sue to fill in the permit/license number which will be used as a reference number. In addition, an applicant thatznust submitmultiple permit/license applications in, any given year, need only submit one affidavit indicating current policy information (ifnecessary) and under "Yob Site Address" the applicant should write ,alllocaiions in (city or town): ' A copy of the affidavit that has been officially stamped or marked by the city or town may be provided to the applicant as proof that a valid afCdavit•is on file for future permits or licenses..A, new affidavit must be filled out each -year, Where-a?tome owner or citizen is obiaining_a RQDMe_ox- ermit not related to -any business :ox commercial venture -__-T — - P _ - - (i;e. a dog license orperoiit to burn leaves eta.) said person is NOT required to complete this affidavit. The Office of Investigations would Eke to thank you in advance for your cooperation and should you have any questions, please do not hesitate to give us a call. The Department's address, telephone aird fax number: The CommonwoaM off l�lassa c hv�Pi�s Department ofludustial Aceldowa (aloe offAvotigaMu4 600 wmbilagtm Stout 80sto% 02111 Tel 0- 617-7-2.° -4900 QA 406 or 1-877 ?revised 5-26-05 Fax 0 617"727'7749 _ vat�w.�lass,g4v�cb`a AC R ��- CERTIFICATE OF LIABILITY INSURANCEUA'EMMI)ff" 01/21/2015 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, t-]tTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER($), AUTHORIZED REPRESENTATNE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder Is an ADDITIONAL INSURED, the policy(les) must be endorsed. H 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(x1_ PRODUCER Bro"Son Insurance Agency, Inc. coNTACT Maureen PoRman 138 Albion St. PRONE (781) 245-2292 FAX .(781)245-3826 P.O. Box 349 �A'L mo@brownsOninsurance.00rn Wakdeld MA 01880 INS (. Harleysville Worcester Insurance Co. rHsus:>=e R .Associated Fmployers InSuranos Co. FBF Contracting Inc. 96 Temple Alive Methuen D MA 01844 - THIS IS TO CERTIFY THAT 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 ANO CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS, A I GENERAL LIABILITY X OMMERCIAL 6ENEAAL IgelU7Y CLau�15-NAPE X OCCUR X Deductible ��rvwuvvi��qul 1/26/2014 1/26/2015 CM Dee R NCE .$ 1.000,000 DAMAQE TO RENTED 100,0005,000 MED EXP An one PEASON& s Aov n4gEBy 1,000,000 $250. per Claim GENt AOCiREGATE UMIY APPLIES PER: GENERAL TE 2,000,000 PRODUCTS COMPro 2,000,000 X POLI MOT C $ AUTOIwoB,LE LIABILITY COMBINED SINGLE LIMIT BODILY INJURY (Per person) S A EDULED 177 _ 9 PHIREDAUTOSq�OS $WILY INJURY Fer sodden1) $ PRaPERTYDAMAd6 OCCUR ,..,.....___EACH CURREN B WORKERS COMPENSATION WCC5005011959-20j4A /23/2014 /23/2015 X We srATU. DTX. AND EMPLOYERS' LIABILITY Y ANY PROPwErOR/PARTNEWEXECUTNE OFFICER/MEMBER EXCLUDED? N ! A E.L. ACCIDEN 100,000 p4ndstory in NH) It11 t? s. deevibe under E. , D13FASE. EMPLOY $ 100.0 L. DI9-J'4LIc/ NIT S 500,000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (Aft d, ACORD 101, AddI110na1 Ramprke Sehedule, If mora 1/21/15. EIOGW081 wiring operations. "w la required) Town of North Andover 1600 Osgood Street, B-20 Suite 2035 KI @& Andover MA 01845- AUTMORlZEO REPREStcNTATIVB Fax: (978)6889542 ®1988-2010 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD 095609 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE VWLL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. ACORD 25 (2010/05) � I Z 0 GI y n . O 0 44 'Q CIOR a� Q C � N r S E m L Q' did � u W yor Q 0 L N tpLp�'�►Q' v i { N 10 * N� L cc O a Z F— _ cf. W ai > F— a��' c -oa > d Cl) �a = x Z U) .� .c O LLJ O -0 + C o V yoo C �cn _ y =,— 3 W a,> o r W J E- o f- Z 4' MONOtm ca $ m ' o CO Q L L �O :5 .O o U)a' 2 N M (D t Now=LU = 'a z.. O o ti .N °� m c O LLI WE Z.O .E vm _ 0 O am FE0--W y -0o.OJ5 Qov > V, IN N Q4 E o Z O N I c 01— E •— E m m 0 CD O �+ v D O O ca .QOC: Z cj U w cc a C C c _N 0 z O 0 oc O0LLI Q a = z ~ Z z a � LL Q CLW Z o z z V �_ Q W O C7 S5 m J V W LL C co t C d W ++ vZ 0 y N U t N �+ = E .OY O fl_ 7 O Z C i v O LL Ln LLL w U LL d' LL d' Ln LL d' LL m (n N n . O 0 44 'Q CIOR a� Q C � N r S E m L Q' did � u W yor Q 0 L N tpLp�'�►Q' v i { N 10 * N� L cc O a Z F— _ cf. W ai > F— a��' c -oa > d Cl) �a = x Z U) .� .c O LLJ O -0 + C o V yoo C �cn _ y =,— 3 W a,> o r W J E- o f- Z 4' MONOtm ca $ m ' o CO Q L L �O :5 .O o U)a' 2 N M (D t Now=LU = 'a z.. O o ti .N °� m c O LLI WE Z.O .E vm _ 0 O am FE0--W y -0o.OJ5 Qov > V, IN N Q4 E o Z O N I c 01— E •— E m m 0 CD O �+ v D O O ca .QOC: Z cj U w cc a C C c _N 0 —I CL U �ƒ� �� . ,C Z * oq LU 4) 00 /a. = C0 F- Tmo Lu b o W Ll CO co L. 0 C w N < F- u 0 z 0 \ U) -1 2� LU 0 ( C) 2.0 Z w :r —I CL �ƒ� �� . UJ * oq LU 'L 0 4. —S— F- Tmo Lu b o W Ll CO 0 CL < Ir N < F- X F- I -L W z 0 \ U) -1 2� LU 0 ( C) 2.0 Z w :r W LL o) Standard Form of Agreement Between Owner and Contractor AGREEMENT Made as of the day of in the year 05 BETWEEN The contractor: F.J.F. Contracting 96 Temple Drive Methuen, MA 01844 For the following Project: and the owner: Gerald & Regina Kean 412 Massachusetts Ave. North Andover, MA 01845 To provide renovations as outlined in Architect drawings dated 12-19-14, and written estimate dated 1-7-15 to include; All rough framing, framing of door and window openings, installation of windows and doors, installation of siding and roofing, electrical, plumbing, and all finishes as described in estimate. The following materials, tools and equipment are excluded from the Contract to be supplied by the Owner; Bathroom vanity cabinet and all bathroom hardware, shower stall base, shower stall door system, closet shelving, closet barn door and hardware. At: 412 Massachusetts Ave. North Andover, MA 01845 The owner and contractor agree as follows: Page 1 of 10 Article 1 - The Contract Documents The contractor shall complete the work described in the contract documents for the project. The contract documents consist of: 1. this agreement signed by the owner and the contractor; 2. the drawings and specifications prepared by the architect dated 12-19-14; 3. the written estimate dated 1-7-15: 4. written orders for changes in the work issued after execution of this agreement. Article 2 - Date of Completion and Substantial Completion The number of calendar days available to the contractor to substantially complete the work is the contract time. The date of commencement of the work shall be the date indicated below. The contractor shall substantially complete the work no later than 60 calendar days from the commencement date, subject to adjustments as provided in Article 9 and Article 10. Commencement Date: February 1, 2015 Article 3 - Contract Sum Subject to additions and deductions in accordance with Article 9, the Contract Sum is: $54,050.00 The Contract Sum shall include all items and services necessary for the proper execution and completion of the Work. Article 4 - Payment The owner shall pay the contractor, in accordance with Article 11, as follows: $1,000 at the signing of this contract. $10,000 on February 1, 2015 $15,000 upon completion of rough framing, windows, and roofing on addition $10,000 upon obtaining all rough inspections $10,000 upon completion of bathroom work $8,050 due upon completion and acceptance of all work Article 5 - Insurance The contractor shall provide contractor's general liability and other insurance prior to commencement of the work as follows: Page 2 of 10 The contractor will provide a certificate of liability insurance to the town building department. Article 6 - General Provisions The contract represents the entire and integrated agreement between the parties and supersedes prior negotiations, representations or agreements, either written or oral. The contract may be amended or modified only by a written modification in accordance with Article 10. The term "work" means the construction and services required by the contract document, and includes all other labor, materials, equipment and services provided, or to be provided, by the contractor to fulfill the contractor's obligations. The intent of the contract document is to include all items necessary for the proper execution and completion of the work by the contractor. The contract documents are complementary, and what is required by one shall be as binding as if required by all. Article 7 - Owner If requested by the contractor, the owner shall furnish all necessary surveys and a legal description of the site. Except for permits and fees that are the responsibility of the contractor under the contract documents, the owner shall obtain and pay for other necessary approvals, easements, assessments and charges. If the contractor fails to correct work which is not in accordance with the contract documents, the owner may direct the contractor in writing to stop the work until the correction is made. If the contractor defaults or neglects to carry out the work in accordance with the contract documents and fails with a seven day period after receipt of written notice from the owner to commence and continue correction of such default or neglect with diligence and promptness, the owner may, without prejudice to other remedies, correct such deficiencies. In such case, the contract sum shall be adjusted to deduct the cost of correction from payments due to the contractor. Costs caused by defective construction shall be borne by the contractor. Page 3 of 10 Article 8 - Contractor Execution of the contract by the contractor is a representation that the contractor has visited the site, become familiar with local conditions under which the work is to be performed and correlated personal observations with requirements of the contract documents. The contractor shall carefully study and compare the contract documentation with each other and with information furnished by the owner. Before commencing activities, the contractor shall; (1) take field measurements and verify field conditions; (2) carefully compare this and other information known to the contractor with the contract documents; and (3) promptly report errors, inconsistencies or omissions discovered to the owner. Labor and Materials Unless otherwise provided in the contract documents, the contractor shall provide and pay for labor, materials, equipment, tools, transportation, and other facilities and services necessary for proper execution and completion, of work. Where the owner is responsible for supplying material, the contractor shall pay the owner for any material rendered unusable due to poor workmanship. The contractor shall enforce strict discipline and good order among the contractor's employees and other persons carrying out the contract work. The contractor shall not permit employment of unfit persons or persons not skilled in tasks assigned to them. Warranty The contractor warrants to the owner that; (1) materials and equipment furnished under the contract will be new and of good quality unless otherwise required or permitted by the contract documents; (2) the work will be free from defects not inherent in the quality required or permitted; and (3) the work will conform to the requirements of the contract documents. Taxes The contractor shall pay sales, consumer, use and similar taxes that are legally required when the contract is executed. Permit, Fees and Notices The contractor shall obtain and pay for any applicable permits and government fees, licenses and inspection necessary for proper execution and completion of work. Page 4 of 10 The contractor shall comply with and give notice/notices required by agencies having jurisdiction over the work. If the contractor performs work knowing it to be contrary to applicable laws, statutes, ordinance, code, rules and regulations, or lawful order of public authorities, the contractor shall assume full responsibility for such work and shall bear the attributable costs. The contractor shall promptly notify the owner in writing of any known inconsistencies in the contract documents with such governmental laws, rules and regulations. Use of Site The contractor shall confine operations at the site to areas permitted by law, ordinances, permits, the contract documents and the owner. Cleaning Up The contractor shall keep the premises and surrounding area free from accumulation of debris and trash related to the work. At the completion of the work, the contractor shall remove its tools, construction equipment, machinery and surplus material; and shall properly dispose of waste materials unless specified in the contract documents. Indemnification To the fullest extent permitted by law, the contractor shall indemnify and hold harmless the owner, architect, consultants and agents and employees or any of them from and against claims, damages, losses and expenses, including but not limited to attorneys' fees, arising out of or resulting from performance of the work, provided that such claim, damage, loss or expense is attributable to bodily injury, sickness, disease or death, or to injury to or destruction of tangible property (other than the work itself) but only to the extent caused by the negligent acts or omissions of the contractor, a subcontractor, anyone directly or indirectly employed by them or anyone for whose acts they may be liable, regardless of whether or not such claim, damage, loss or expense is caused in part by a party indemnified hereunder. Article 9 — Changes In the Work The owner, without invalidating the contract, may order changes in the work within the general scope of the contract consisting of additions, deletions or other revisions, the contract sum and contract time being adjusted accordingly in writing. If the owner and contractor can not agree to a change in the contract sum, the owner shall pay the contractor its actual cost plus reasonable overhead and profit. The owner will have authority to order minor changes in the work not involving changes in the contract sum or the contract time and not inconsistent with the intent of the contract documents. such orders shall be in writing and shall be binding on the owner and contractor. The contractor shall carry out such orders promptly. Page 5of10 If concealed or unknown physical conditions are encountered at the site that differ materially from those indicated on the contract documents or from those conditions ordinarily found to exist, the contract sum and contract time shall be subject to equitable adjustment. Article 10 — Time Time limits stated in the contract documents are of the essence of the contract. If the contractor is delayed at any time in progress of the work by changes ordered in the work, or by labor disputes, fire, unusual delay in deliveries, unavoidable casualties or other causes beyond the contractor's control, the contract time shall be subject to equitable adjustment. Article 11 — Payments and Completion Contract Sum The contract sum stated in the agreement, including authorized adjustments, is the total amount payable by the owner to the contractor for performance of the work under the contract documents. Progress Payments The owner shall make payments in the manner provided in the contract documents. The Contractor shall promptly pay each subcontractor and supplier, upon receipt of payment from the Owner, an amount determined in accordance with the terms of the applicable subcontracts and purchase orders. The owner shall not have responsibility for payments to a subcontractor or supplier. An acceptance of invoice for payment, a progress payment, or partial or entire use or occupancy of the project by the owner shall not constitute acceptance of work not in accordance with the requirements of the contract documents. Substantial Completion The substantial completion is the stage in the progress of the work when the work or designated portion thereof is sufficiently complete in accordance with the contract documents so the owner can occupy or utilize the work for its intended use. Page 6 of 10 When the work or designated portion thereof is substantially complete, the owner will make an inspection to determine whether the work is substantially complete. When the owner determines that the work is substantially complete, the owner shall provide the contractor with a letter of substantial completion that shall establish the date of substantial completion, shall establish the responsibilities of the owner and contractor, and shall fix the time within which the contractor shall finish all items on the list accompanying the letter of substantial completion. Any warranties required by the contract documents shall commence on the date of substantial completion of the work or designated portion thereof unless otherwise provided in the letter of substantial completion. Final Completion and Final Payment Upon receipt of a final invoice for payment, the owner will inspect the work. When the owner finds the work acceptable and the contract fully performed, the owner will promptly issue an acceptance of invoice for payment. Final payment shall not become due until the contractor submits to the owner releases and waivers of liens, and data establishing payment or satisfaction of obligations, such as receipts, claims, security interests or encumbrances arising out of the contract. Acceptance of final payment by the contractor, a subcontractor or material supplier shall constitute a waiver of claims by that payee except those previously made in writing and identified by that payee as unsettled at the time of final invoice for payment. Article 12 — Protection of Person and Property The contractor shall be responsible for initiating, maintaining and supervising all safety precautions and programs, including all those required by law in connection with performance of the contract. The contractor shall take reasonable precautions to prevent damage, injury or loss to employees on the work, the work and materials and equipment to be incorporated therein, and other property at the site or adjacent thereto. The contractor shall promptly remedy damage and loss to property caused in whole or in part by the contractor, or by anyone for whose acts the contractor may be liable. Article 13 — Correction of Work The contractor shall promptly correct work rejected by the owner as failing to conform to the requirements of the contract documents. The contractor shall bear the cost of correcting such rejected work, including the costs of uncovering, replacement, replacement of material and additional testing. In addition to the contractor's other obligations including warranties under the contract, the contractor shall, for a period of one year after substantial completion, correct work not conforming to the requirements of the contract documents. Page 7 of 10 If the contractor fails to correct nonconforming work within a reasonable time, the owner may correct it in accordance with Article 7 paragraph 3. Article 14 — Miscellaneous Provisions Assignment of Contract Neither party to the contract shall assign the contract as a whole without written consent of the other. Test and Inspections At the appropriate times, the contractor shall arrange and bear costs of tests, inspections and approvals of portions of the work required by the contract documents or by laws, statutes, ordinances, codes, rules and regulations or lawful order of public authorities. The owner shall bear cost of tests, inspections or approvals that do not become requirements until after the contract is executed. Governing Law The contract shall be governed by the laws of the State of Massachusetts. Article 15 — Termination of the Contract Termination by the Contractor If the owner fails to accept an invoice for payment for a period of 30 days through no fault of the contractor, or if the owner fails to make payment as provided in Article 11 for a period of 30 days, the contractor may, upon seven additional days' written notice to the owner, terminate the contract and recover from the owner payment for work executed including reasonable overhead and profit, and costs incurred by reason of such termination. Termination by the Owner for Cause The owner may terminate the contract if the contractor 1. repeatedly refuses or fails to supply enough properly skilled workers or proper materials; 2. fails to make payments to subcontractors for materials or labor in accordance with the respective agreements between the contractor and the subcontractors; 3. persistently disregards laws, ordinance, or rules, regulations or orders of a public authority having jurisdiction; or Page 8 of 10 4. is otherwise guilty of substantial breach of a provision of the contract documents. When any of the above reasons exist, the owner, after consultation with the architect, may without prejudice to any other rights or remedies of the owner and after giving the contractor and the contractor's surety, if any, seven days' written notice, terminate the employment of the contractor and may 1. Take possession of the site and of all materials thereon owned by the contractor, and 2. finish the work by whatever reasonable method the owner may deem expedient. When the owner terminates the contract for one of the reasons stated above, the contractor shall not be entitled to receive further payment until the work is finished. If the unpaid balance of the contract sum exceeds costs of finishing the work, such excess shall be paid to the contractor. If such costs exceed the unpaid balance, the contractor shall pay the difference to the owner. This obligation for payment shall survive termination of the contract. Page 9 of 10 This Agreement entered into as of the day and year first written above. Owner G (Signature) GZMI� (Printed name, title and address) JV f��►�,�c; �A� oc,� Ave - Contractor (Printed name, title and addre QC' Te 622 t)r, W AeA.plq, 0AW License No. Cs () VG/ 0� Page 10 of 10