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Home My WebLink AboutBuilding Permit #042-14 - 427 SUMMER STREET 7/11/2014 I ` BUILDING PERMIT o�Noer",�� TOWN OF NORTH ANDOVER APPLICATION FOR PLAN EXAMINATION '' 7D w 7' Permit No#: Date Received Date Issued: I IMPORTANT: Applicant must complete all items on this page L`O.CAw ?e- _.Sr,��-,�► T_. f! - wPnnt PIR , ERTY OWNER'. �C r� ✓ -G*�d�� L:c�c �r �/ __ -_ ; — �G� Pnnt� 100 Year Structure yest i19 MQP 0_ iPARGEL ZQ., D:ISTRI:CT. e ,Historic Distract yes: fno Machine ShopVillage yes mo TYPE OF IMPROVEMENT PROPOSED USE Residential Non- Residential ❑ New Building ❑ One family ❑Addition ❑ Two or more family ❑ Industrial ❑Alteration No. of units: ❑ Commercial PiRepair, replacement ❑Assessory Bldg ❑ Others: ❑ Demolition ❑ Other :Septic ❑31Nell, Y '❑}Flotodplgin ❑'Water/Seweo Wetlands C7 Watershed Distract, r _ §. DESCRIPTION OF WORK TO BE PERFORMED: IV T, i i - Identification- Please Type or Print Clearly OWNER: Name: ��t/,',n/ "n� �/ „� Phone:fZp 74FV-2J&*1' Address: C/2 Sy » r� P� Sf' /J v an do y-e Coritractor'Name h cor�1 _ 'phone. `?,F� t t _ - � A CA - - - - ' onstructionaLicense f_ - Exp3 +Supervisor s C_ 3 � �_-� --S" - - . �. _ [Harne;Improvernent�License d y.. ._�CZ k iExp _Date_=_ _ Z7 �� ARCHITECT/ENGINEER Phone: Address: Reg. No. �. FEE SCHEDULE.BOLDING PERMIT.$12.00 PER$1000.00 OF THE TOTAL ESTIMATED COST BASED ON$125.00 PER S.F. Total Project Cost: $ /?, 3 t2o J o 6 FEE: $ Check No.:No.: Receipt { -C/ Recei tNo.: 2_71 I I' NOTE: Persons contracting with unregistere contractors do not have access to the guaranty fund Signature ofaAgent/Qwner_ - Signature of contractor;.- _I Plans Submitted ❑ Plans Waived ❑ Certified Plot Plan ❑ Stamped Plans ❑ TYPE OF SEWERAGE DISPOSAL Public Sewer ❑ Tanning/Massage/Body Art ❑ Swinuning Pools ❑ Well ❑ Tobacco Sales ❑ Food Packaging/Sales ❑ Private(septic tank,etc. ❑ Permanent Dumpster on Site ❑ THE FOLLOWING SECTIONS FOR OFFICE USE ONLY INTERDEPARTMENTAL SIGN OFF - U FORM PLANNING & DEVELOPMENT Reviewed On Signature_ COMMENTS CONSERVATION Reviewed on Signature COMMENTS HEALTH Reviewed on Signature COMMENTS I Zoning Board of Appeals:Variance, Petition No: Zoning Decision/receipt submitted yes Planning Board Decision: Comments Conservation Decision: Comments R Water & Sewer Connection/Signature& Date Driveway Permit DPW Town Engineer: Signature: _ Located 384 Osgood Street Te 'FIRE DEPARTMENT mp_4` ®um_ster on site , es_ ' p y T Locatediat 1244Main�Street ;FirejDepartmentsignature/date Dimension Number of Stories: Total square feet of floor area, based on Exterior dimensions. i 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 I. NOTES and DATA — (For department use) I ❑ Notified for pickup Call Email Date Time Contact Name Doc.Building Pennit Revised 2014 Building Department The following is a list of the required forms to be filled out for the appropriate permit to be obtained. Roofing, Siding, Interior Rehabilitation Permits a Building Permit Application o Workers Comp Affidavit Li Photo Copy Of H.I.C. And/Or C.S.L. Licenses o Copy of Contract o Floor Plan Or Proposed Interior Work o Engineering Affidavits for Engineered products i NOTE: All dumpster permits require sign off from Fire Department prior to issuance of Bldg Permit Addition Or Decks o Building Permit Application ❑ Certified Surveyed Plot Plan o Workers Comp Affidavit ❑ Photo Copy of H.I.C. And C.S.L. Licenses o Copy Of Contract o Floor/Cross Section/Elevation Plan Of Proposed Work With Sprinkler Plan And Hydraulic Calculations (if Applicable) o Mass check Energy Compliance Report (If Applicable) o Engineering Affidavits for Engineered products NOTE: All dumpster permits require sign off from Fire Department prior to issuance of Bldg Permit New Construction (Single and Two Family) L3 Building Permit Application o Certified Proposed Plot Plan o Photo of H.I.C. And C.S.L. Licenses ❑ Workers Comp Affidavit o Two Sets of Building Plans (On&To Be Returned) to Include Sprinkler Plan And Hydraulic Calculations (If Applicable) Li Copy of Contract o Mass check Energy Compliance. Report o Engineering Affidavits for Engineered products NOTE: All dumpster permits require sign off from Fire Department prior to issuance of Bldg. Permit In all cases if a variance or special permit was required the Town Clerks office must stamp the decision from the Board of Appeals that the appeal period is over. The applicant must then get this recorded at the Registry of Deeds. One copy and proof of recording must be submitted with the building application Doe:Building Permit Revised 2014 Location 42 f �5 uy,-,vv-o r' No. Date o TOWN OF NORTH ANDOVER i 5 DS, • o Certificate of Occupancy $ Building/Frame Permit Fee $2 I Foundation Permit Fee $ Other Permit Fee $ TOTAL $ Check# { 7769 Building Inspector t � �ORTfi Town of t ndover O •'1, ••�+ '� to No. , � tNI�1 TILAKI 261h verMass COCCMewicw �1 S U BOARD OF HEALTH Food/Kitchen PERMIT T LD Septic System THIS CERTIFIES THAT ......Kf.NAA..+t�.. 1 �OI� BUILDING INSPECTOR ...........� .. .... .. w►�►................... ....... has permission to erect buildings on ... �.... .... 1W�Prr.. ,,,, Foundation �` �.... 1� s Rough to be occupied as .:....1.... ....... ... ..... ....� ................................... Chimney provided that the person accepting this permit shall in every respect conform to the terms of the application Final on file in this office, and to the provisions of the Codes and By-Laws relating to the Inspection,Alteration and Construction of Buildings in the Town of North Andover. PLUMBING INSPECTOR VIOLATION of the Zoning or Building Regulations Voids this Permit. Rough Final PERMIT EXPIRES IN 6 MONTHS ELECTRICAL INSPECTOR UNLESS CONSTRUCTION ST TS Rough Service .................... ...... .—: �.� ..F.!.. .................... Final BUILDING INSPECTOR GAS INSPECTOR Occupancy Permit Required to Occupy Building Rough Display in a Conspicuous Place on the Premises — Do Not Remove Final No Lathing or Dry Wall To Be Done FIRE DEPARTMENT Until Inspected and Approved by the Building Inspector. Burner Street No. Smoke Det. ti. For Over 45 Yews 9 ....ter' September 22, 2014 Pat Garrett Anderson Adjustment 50 Nashua Rd. Suite 303 P.O.Box 1098 Londonderry,NH 03053 Re: Chimney Evaluation Kevin&Carole Loughran 427 Summer St. North Andover, MA 01845 Claim#28790-P Dear Mr. Garrett, Per your request, I reviewed the following information concerning the above referenced address: • Proposal • Agreement for renovation o 6 pages _ -•=change--ofW�k-Order-dated-My44=20)4-- • Change of Work Order dated July 22, 2014 • Change of Work Order dated July 27, 2014 • Paid Invoice# 587 dated 8/15/2014 • Cancelled checks showing payments 5 pages As stated in my previous letter,this chimney was non code compliant prior to this event. Additionally,the fireplace and smoke chamber construction were not only not code compliant, they were not constructed according to any standard. I did prepare an estimate for your review using stainless steel chimney liners and at that time also informed you this estimate would not make the chimney code complaint. This chimney is lacking a wythe wall between each flue. A wythe is a 4"partition used in chimney construction to keep the clay flue tiles of different appliances separated. The separations intent is to keep flue gasses from co-mingling if any should escape from between the clay flue tiles or keep the flues from falling into another flue should they fail. It is important to note that clay flue tiles are only 2 feet in length and must me mortared one on top of the other with a minimum%2 inch and maximum 4"air space around them 531 Front St. Manchester,NH 03109 a www.cleanerducts.com o Phone:1-800-736-2706 Fax:603-627-7070 L For Over 45 'Years Mcn I spoke to Brian Leathe of the North Andover building department on Wednesday 9/17/2014 and asked him about his position on wythe wall requirement when relining a chimney. First off,Mr.Leathe had no idea what a'"he"was or is and asked its function. He then said if it was not code at the time the chimney was built it would not be required now. I have no idea when the chimney was built but I will, for the purpose of this claim assume it was a requirement. We discussed different relining methods and I spoke of the reason a wythes presence is basically to keep the tile sections from leaking or falling into another flue. We also discussed using one piece stainless steel and "cast in place" style liners and I explained they both are one piece liners without the risk of separating or falling like clay flue tiles. Mr.Leathe stated he would want to see the manufacturer's installation instructions showing they have been tested and listed without a wythe wall between each separate flue liner. I checked with-a national brand chimney stainless steel liner manufacturer and they said they do not have their liner tested in this fashion as there would be no reason to. I could not find any reference to the manufacturer of the cast in place liner the other company is proposing therefor I could not check. I did speak to a former installer of Solid Flue brand and he said he is unaware of any instructions specifically speaking to this point although he said they did it all the time. The proposal reviewed is for a cast in place style liner with liners sizes being installed that would not leave enough room for a four inch wythe wall between each of the flues as prescribed by the code which the proposal states they accomplish. The inside width of the chimney is approximately 31 inches. The estimate does not state what brand cast in place liner is being used but most require 1 inch of solid liner material around the form to make the liner UL Listed and code compliant. There would not be enough room to have a lin Inside Diameter form with a 9in Outside Diameter finish liner then a 10in Inside Diameter form and a 12in Outside Diameter finish liner and then 6in Inside Diameter form and a 8in Outside Diameter finish liner. The required 4inches between each flue is not met in this fashion. This is no different than installing stainless steel chimney liners with the proper insulation around them. In reviewing the change orders: • Change of Work Order dated July 14 2014 o This is a fair and reasonable price, but if the installer did not need to build walls above in the chimney section,why does he have to in the base? ■ My thought on this is there was an open ash pit to the base of the heating system and woodstove flues. Using a cast liner this would be required. • Change of Work Order dated July 22, 2014 o Any openings in the chimney would be required no matter what style liner is used. I cannot say if the price is fair or not as I have no idea of the size or access to this opening 531 Front St. Manchester,NH 03109 o www.cleanerducts.com®Phone:1-800-736-2706 Fax:603-627-7070 i—d for Over 45 Years • Change of Work Order dated July 27,2014 o There was nothing wrong with the original firebox other than everything was constructed improperly from the start. ■ This would have been identified in the original estimating process. Based on my review of the above items the statement the cast in place liner makes this now a code compliant chimney is left in the hands of the manufacturer of the cast in place liners published installation instructions. Short of this,the stainless steel liner would have accom lished the same. I am in no way saying the repair method is incorrect as I believe the �—- way the repair was d`one'is a satisfactory installation although it is not meeting the letter ofthe code the same as a sta i'I_s steel liner would not meed the exact letter o t ce o; This evaluation is based on an NFPA 211 Standard Level One inspection. The evaluation we have performed has been done to the best of our abilities, however all chimneys have areas that are concealed from view and complete inspection of these hidden areas is an impossibility. There may be other problems existing in the chimney in question. No warranty as to the safety of this chimney is expressed, and none should be implied. Armstrong Heating &Power Vac, Inc.reserves the right to change our opinion if additional information is discovered that is unknown to us at the time of our inspection. If after your review of our report,you have any additional questions,please feel free to contact thanky_ouA�the oppooto--setve 9 ancLyoai=valued_client— Sincerely, Richard MacDonald Fireplace Investigation, Research&Education Service, Certified Fireplace Inspector#FP-041 Chimney Safety Institute of America, CSIA Certified#3843 531 Front St. Manchester,NH 03109 m www.cleanerducts.com o Phone:1-800-736-2706 Fax:603-627-7070 The Chimney Company 52 Orchard Street Salem, MA 01970 978-744-1001 Proposal TO: Kevin& Carole Loughran 42-7-Summer_Street--~—� —�No h Andover, MA DATE: March 27, 2014 The clay tile liner serving the woodstove is damaged and unsafe to use. Due to the way this chimney was built, all 3 flues need to be relined. Because there are no dividing walls, (also called a partition or wythes) the only way to make this chimney code compliant short of taking it down and rebuilding it with clay flue tiles and masonry wythe walls, is to reline the flues with cast-in-place (poured) liners. The installation of stainless steel liners cannot be done as they would require a masonry wythe between them-to meet the Massachusetts building code. Additionally,the relining of the flues using stainless steel does not address the smoke chamber. The cast in place liner will not only line the smoke chamber, it will create a smooth and seamless transition from the smoke chamber to the flue. Since we would be demolishing the clay tile liners and removing them via the fireplace and basement, we will be setting up dust protection in all these areas as well as floor protection to and from the work areas. We Propose The Following: Obtain a City of North Andover building permit. Set staging on the roof. Set floor and dust protection in all work areas, both the'fireplace and basement. Provide temporary venting for the oil fired boiler. Remove all of the clay tile liner sections and properly dispose of all debris. Set a 10 inch former for the fireplace. Set a 7 inch former for the heating system, and a 6 inch form for the woodstove. Shutter and pour 3 new flues. Carve out and shape the smoke chamber. Pull the formers; install 3 new flue tile extensions and pour a new cement wn. Install a new top mount damper for the fireplace. fti Remove the temporary venting. J Break down the staging, leave site broom clean.. Total Cost: $18,300.00 �� The Chimney Company 52 Orchard Street Salem, MA 01970 978-744-1001 Proposal TO: Kevin&Carole Loughran 427 Summer Street North Andover, MA DATE: March 27, 2014 The clay tile liner serving the woodstove is damaged and unsafe to use. Due to the way this chimney was built, all 3 flues need to be relined. Because there are no dividing walls, (also called a partition or wythes)the only way to make this chimney code compliant short of taking it down and rebuilding it with clay flue tiles and masonry wythe walls, is to reline the flues with cast-in-place (poured) liners. The installation of stainless steel liners cannot be done as they would require a masonry wythe between them to meet the Massachusetts building code. Additionally,the relining of the flues using stainless steel does not address the smoke chamber. The cast in place liner will not only line the smoke chamber, it will create a smooth and seamless transition from the smoke chamber to the flue. Since we would be demolishing the clay tile liners and removing them via the fireplace and basement, we will be setting up dust protection in all these areas as well as floor protection to and from the work areas. We Propose The Following: Obtain a City of North Andover building permit. Set staging on the roof. Set floor and dust protection in all work areas,both the fireplace and basement. Provide temporary venting for the oil fired boiler. Remove all of the clay tile liner sections and properly dispose of all debris. Set a 10 inch former for the fireplace. Set a 7 inch former for the heating system,and a 6 inch form for the woodstove. Shutter and pour 3 new flues. Carve out and shape the smoke chamber. Pull the formers; install 3 new flue tile extensions and pour a new cement crown. Install a new top mount damper for the fireplace. Remove the temporary venting. Break down the staging, leave site broom clean. AGREEMENT FOR RENOVATION Please read this Agreement and make sure you understand it before signing. This is a legally binding contract. NOTICE: All home improvement contractors and subcontractors engaged in home improvement contracting,unless specifically exempt from registration by provisions of Massachusetts General Laws Chapter 142A,must be registered with the Commonwealth of Massachusetts. You may make inquiries regarding registration and status by contacting the Director, Home Improvement Contract Registration, One Ashburton Place, Room 1301, Boston,MA 02108, (617) 727-8598. The registration number of The Chimney Company is HIC Reg. No. 148428. This Agreement is made on April 11,2014 by and between The Chimney Company,of 52 Orchard Street, Salem Massachusetts 01970(hereinafter referred to as the"Contractor")and Kevin&Carole Loughran,427 Summer Street,North Andover,MA (hereinafter referred to as the"Owner"). In consideration of the mutual promises and covenants contained herein,the Contractor and the Owner hereby agree as follows: 1. DETAILED DESCRIPTION OF THE WORK TO BE PERFORMED The Contractor agrees to perform certain restoration,construction,alteration and/or repair work(referred to as the"Work")in accordance with this Agreement and any specifications attached hereto in a good and workmanlike manner. The Work to be performed by the Contractor is as follows: SEE ATTACHED PROPOSAL. The above Work shall be completed on the property known and located at 427 Summer Street,North Andover,MA. The Owners represent and warrant that they are the Owners of such property and accordingly,that they have the authority to enter into this Agreement. 2. DETAILED DESCRIPTION OF THE MATERIALS TO BE USED The materials to be used in performing the above described Work shall consist of the following: SEE ATTACHED PROPOSAL The Contractor warrants that the materials and equipment furnished under this Agreement and as set forth above will be of good quality and new unless otherwise required or permitted under this Agreement. 3. COMMENCEMENT AND COMPLETION OF WORK The Contractor will begin the Work the week of June 9,2014 weather permitting and complete the Work approximately 21 business days after commencement of Work.The Owner will be notified about the exact date by May,26,2014.The Owner hereby acknowledges and agrees that the scheduling dates are approximate and that delays that are unavoidable by the Contractor,such as delays caused by Change Orders,inclement weather or other reasonable cause(s),shall not be considered a violation of this Agreement. In no event shall the Contractor begin the Work and order the materials called for by this Agreement before the fourth business day following the signing of this Agreement because of the Owner's right to cancel as set forth in Paragraph 17 of this Agreement. 4. PAYMENT SCHEDULE AND PAYMENT TERMS The Owner shall pay the Contractor for the performance of the Work called for by this Agreement,subject to additions or deletions subsequently agreed to by a Change Order executed by both the Owner and the Contractor, the sum of$18,300.00. The Owner shall make payments on account of the total price as follows: Deposit due upon signing of this agreement $6,100.00 Second payment due when ready to pour $6,100.00 Third payment due upon job substantial completion $5,000.00 Final payment due upon job completion $1,100.00 Total $18,300.00 Final payment as set forth above shall not be required or demanded by the Contractor until the Owner agrees that the work to be performed pursuant to this Agreement is completed to satisfaction. The Contractor may not require payments to be made in advance of the times specified above for the reason that he deems himself or the payments insecure. If,however,the Contractor deems himself to be insecure, the Contractor may,as a condition to continuing the Work called for by this Agreement,demand that the balance of the payments under this Agreement be placed in a joint escrow account that requires the signature of both the Contractor and the Owner for withdrawal. If the Contractor deems himself insecure with regard to.future payments, the Contractor shall send written notice to the Owner demanding the establishment of a joint escrow account and the Owner shall thereafter take any and all steps required to establish such escrow account within five(5)business days of the Owner's receipt of such written notice from the Contractor. If the Owner wishes to terminate this Agreement after the rescission period has expired,but before the Contractor has begun the Work described in this Agreement,the Owner hereby agrees to forfeit the First Payment of $6,100.00(hereinafter called the"Deposit")made hereunder by the Owner which Deposit shall be retained by the Contractor as liquidated damages. The Owner and the Contractor hereby agree that the Deposit hereunder is a reasonable forecast of the Contractor's losses that would result if the Owner were to decide,after the rescission period has expired but before the Contractor has begun the Work obligations under this Agreement;which losses could result from the Contractor's lost business opportunities and/or inability to resell or reuse materials purchased in anticipation of undertaking the Work described in this Agreement,and/or losses due to any number of presently undeterminable factors. 5. PERMITS AND LICENSES The Contractor shall apply for and obtain all necessary permits and licenses required from any State or Local authority or agency,including but not limited to all building and construction permits. The Contractor shall not be responsible for any delays in the commencement or the completion of the work called for by this Agreement due to the delay by any regulatory,permit granting or inspectional agency,authority or individual in issuing or signing off on any permits or licenses. NOTICE: If the Owner obtains his/her own construction related permits for the Work described and called for by this Agreement or deals with unregistered contractors,the Owner is hereby advised that in the event of a dispute,judgment and nonpayment of the Contractor,the Owner will not be entitled to make a claim to or collect from the guaranty fund established by M.G.L.c. 142A. 2 6. CHANGE ORDERS; ADDITIONAL WORK This Agreement,including the cost for completion of the work as set forth in Paragraph 4 of this Agreement,is based solely on the observations the Contractor was able to make with the structure in its current condition at the time this Agreement was executed. The Owner acknowledges and agrees that in certain remodeling work,the demolition of portions of the preexisting structure may reveal additional defects,conditions or the need for additional work which must be repaired,altered or carried out in order to commence or to complete the work described under this Agreement. In such case,the Owner acknowledges and agrees that the price and the scheduled date of commencement and/or completion may differ from the price and date of commencement or completion of the Work stated in this Agreement. Further,the Owner acknowledges and agrees that such variation shall not be considered to be a violation of this Agreement. If additional defects,conditions or the need for additional work is discovered once the work has commenced,the Contractor will stop work and will point out these unforeseen defects,conditions or the need for additional work to the Owner so that the Owner and the Contractor can review the work which must be done to remedy or complete these unforeseen defects or conditions. Before Work will start again,the Owner and the Contractor shall agree as to any additional costs for such work and the length of any delay in the completion date as a result of the same. Once the scope,cost and time to complete such additional work is determined,the Owner and the Contractor shall execute a Change Order indicating the additional work to be done,the cost for the same and the length or delay in completion associated with the same. The Owner may order changes in the Work to be completed pursuant to this Agreement. If the Contractor agrees to perform such additional work,a Change Order will be executed by both the Contractor and the Owner setting forth the cost of such change with deposit required and any delay in completion of the work called for by this Agreement as a result of such change. Any alteration or deviation from the Work to be completed pursuant to this Agreement involving extra costs of materials or labor will be commenced only upon execution of a written Change Order executed by both the Owner and the Contractor. No variations,alterations,deviations,deletions or extra work can be or will be made unless both the Owner and the Contractor specifically agree in writing. 7. PAYMENT OF CHANGE ORDERS AND FOR ADDITIONAL WORK Payment for the work called for by each Change Order shall be due upon completion of the work set forth or required by the Change Order and upon the submission to the Owner by the Contractor of notice of completion and request for payment of the amounts set forth in the Change Order. 8. WARRANTY The Contractor shall and hereby provides a limited warranty on all Contractor and Subcontractor supplied labor and materials used in the completion of the work called for by this Agreement for a period of two years following completion of all work. No warranty is provided by Contractor on any materials furnished by the Owner for installation. No warranty is provided on any existing materials,including but not limited to,those that are moved and/or reinstalled by the Contractor within the dwelling(including any warranty that existing/used materials will not be damaged during the removal and installation process). One year after substantial completion of the project,the Owner's sole remedy(for materials and labor)on all materials that are covered by a manufacturers'warranty is strictly with the manufacturer,not with the Contractor. 3 Repair of the following items is specifically EXCLUDED from Contractor's warranty: damages resulting from lack of Owner maintenance,damages resulting from Owner abuse or ordinary wear and tear,deviations that arise such as the minor cracking of concrete,stucco and plaster,minor stress fractures in drywall due to the curing of lumber,warping and deflection of wood,shrinking/cracking of grouts and caulking and fading of paints and finishes exposed to sunlight. All warranties for equipment supplied by the Contractor under this Agreement shall be those given by the manufacturers of such equipment,which shall be and are hereby passed through directly to the Owner. Under such manufacturer warranties,the Owner may be required to register or mail in a warranty card or other evidence of ownership and use of such equipment in order to activate such warranties. The Owner's failure to mail in or register such documentation,which failure voids the manufacturer's warranty,shall not create any responsibility for the Contractor to warranty such equipment. 9. WORK STOPPAGE,TERMINATION OF CONTRACT FOR DEFAULT The Contractor shall have the right to stop all work called for by this Agreement and has the right to keep the project idle if payments are not made to the Contractor in accordance with the Payment Schedule set forth in Paragraph 4 in this Agreement,if payments are not made to the Contractor pursuant to a Change Order as set forth in Paragraph 7 of this Agreement, or if Owner repeatedly fails or refuses to furnish the Contractor with access to the job site and/or product selections or information necessary to complete the Contractor's work. The Contractor may stop work and terminate this Agreement if the Owner fails to pay the Contractor any sum due pursuant to this Agreement within 3 days after the date fixed for payment. If work is stopped due to any of the above reasons(or for any other material breach of contract by Owner) and Owner has failed to take any significant steps to cure his/her default,then Contractor may,without prejudicing any other remedies the Contractor may have,give written notice of termination of the Agreement to Owner and demand payment for all completed work and materials ordered through the date of work stoppage,and any other loss sustained by Contractor,including Contractor's profit and overhead on the balance of the incomplete Work under this Agreement. Thereafter,Contractor is relieved from all other contractual duties,including all Punch List and Warranty work. 10. INSURANCE The Contractor shall purchase and maintain insurance for the protection from claims under worker's compensation acts,claims for damages because of bodily injury and from claims for damages to the property which arise or are the result of the Contractor's work. The Owner shall be responsible for purchasing and maintaining the Owner's usual liability insurance and may purchase and maintain other insurance against claims which may arise from the work to be performed under this Agreement. 4 16. NOTICE All notices under this Contract must be in writing. Any notice given by either party pursuant to this Agreement shall be deemed to be served,if the same is delivered personally or by certified mail,return receipt requested,to the other party at the address written in this Agreement. 17. RIGHT TO CANCEL The Owner has the right to cancel this Agreement if the Owner has signed this Agreement at a place other than the place of business of the Contractor(which may be his main office or a branch thereof),provided that the Owner notifies the Contractor in writing,at his main office or branch by certified mail,return receipt requested,by telegram sent or by personal delivery,not later than midnight of the third business day following the signing of this Agreement. DO NOT SIGN THIS CONTRACT IF THERE ARE ANY BLANK SPACES. YOU ARE ENTITLED TO A COPY OF THE CONTRACT AT THE TIME YOU SIGN. KEEP IT TO PROTECT YOUR LEGAL RIGHTS CONTRACTOR OWNER / The Chimney Company K vf� Loughran John Walsh / 52 Orchard Street &AVeloughran Salem,MA 01970 MA H.I.C. 148428 DO NOT SIGN ANY COMPLETION CERTIFICATE OR AGREEMENT STATING THAT YOU ARE SATISFIED WITH THE ENTIRE PROJECT BEFORE THIS PROJECT IS COMPLETE. HOME REPAIR CONTRACTORS ARE PROHIBITED BY LAW FROM REQUESTING OR ACCEPTING A CERTIFICATE OF COMPLETION SIGNED BY THE OWNER PRIOR TO THE ACTUAL COMPLETION OF THE WORK TO BE PERFORMED UNDER THE HOME REPAIR CONTRACT. I acknowledge receipt of a completely executed copy of this Agreement. Kevin Loughran Ca-role- Loughran 6 11. RESOLUTION OF DISPUTES THE CONTRACTOR AND THE OWNER HEREBY MUTUALLY AGREE IN ADVANCE THAT IN THE EVENT THE CONTRACTOR HAS A DISPUTE CONCERNING THIS CONTRACT,THAT THE CONTRACTOR MAY SUBMIT SUCH DISPUTE TO A PRIVATE ARBITRATION SERVICE WHICH HAS BEEN APPROVED BY THE SECRETARY OF THE EXECUTIVE OFFICE OF CONSUMER AFFAIRS AND BUSINESS REGULATIONS AND THE OWNER SHALL BE REQUIRED TO SUBMIT TO SUCH ARBITRATION AS PROVIDED IN M.G.L.c. 142A The imney Company Kevin Loughran John Walsh r 52 Orchard Street -' Salem,MA 01970 HRC Reg.No. 148428 CarbTLoughran THE SIGNATURE OF THE PARTIES ABOVE APPLY ONLY TO THE AGREEMENT OF THE PARTIES TO ALTERNATIVE DISPUTE SETTLEMENT INITIATED BY THE CONTRACTOR. THE OWNER MAY INITIATE ALTERNATIVE DISPUTE RESOLUTION EVEN WHERE THIS SECTION IS NOT SEPARATELY SIGNED BY THE PARTIES. 12. MATERIALS BECOME PROPERTY OF OWNER The Contractor will continue to own all materials delivered to the Owner's premises for use and installation in connection with the work to be performed by this Agreement until paid for by the Owner. When the Contractor shall have received payment for such materials,such materials shall become the property of the Owners. 13. INDEMNIFICATION The Contractor shall hold the Owner harmless from any and all damages and claims that may arise by reason of any negligence t:n the part of the Contractor,his agents or employees,in the performance of this Agreement; and in case any action is brought against the Owner by reason of the Contractor's negligence in the performance of this Agreement,the Contractor shall assume full responsibility for the defense thereof,and upon failure to do so on proper notice,the Owner reserves the right to defend such action and to charge all costs thereof to the Contractor. 14. ENTIRE AGREEMENT This Agreement contains and represents the entire agreement between the parties hereto. Any prior discussions or verbal representations by either party that are not contained in this Agreement are not a part of this Agreement. 15. GOVERNING LAW This Agreement is governed by the Laws of the Commonwealth of Massachusetts and shall be executed in duplicate. 5 The G'ommonwalth of Massachusetts Department o,f)ndffSft191 Aecrelents Office of fnvestigaiYons 644 Washington Street Boston,MA 02111 www.rmssgov/dia Workers'Compeation bsurance Affidavit:Bupde /Coni°ac ox IEle� cxansl�'X tbex as Applicant Wormatiton Please Print Logwly 'Name(Business/OxganizationlX MVIduat): p { h rr�, n U w C6 Address: S City/State/Zip— 4' in P q i 70 Phone#: �t "1�1'� — /0 O/. Are you an employer?Check the appropriate box: Type of project(required): 1.® 1 am a employer with a — `. ❑ 1 am a general contractor and 1 6. []New cOnstruction f employees(fi lland/orpart time)* have nedthe sub-contractors 2.❑ 1 am a sole proprietor or partner listed on the attached sheet I 7• ❑Remodeling ship and`haveno.employees These sub-contractors 8. [[Demolition working forme in.any capacity. workers'comp.insurance. 9. El gu1ffig addition PTO workers'comp.insurance 5. ❑We are a corporation and its IO.[(Electrical repairs or additions xequired.] officers have exercised.their light of exemption per MGL 11.[(Plumbing repairs or additions 3.[( I am a homeowner doing all work c 152 §1(4),anal we have no Myself [N'o workers comp. � 12.[�Roofxepairs iasuranceregwred.� employees..[No workers' 13.❑Other comp.insurance required./ nAnyapplicant that checks box ofmust also t:<lloutthe sectionbel6wshowingtheirworkers'compensationpolicy nformation. Homeowners w1io submitthis affidavitiudicatingihey 6're doing allworKandthen hire outside contractors must submit anew affidavit indicating such. xContractors that check this bob must attached an additional sheet showing the name ofthe sub-contractors and their workers'comp.policy information. Iamanemploperthat isproviditwoskeYs'compeyisationinsurancefo?myemTfoyees BeroWisthepalicynncijohsite information. Insurance Company Name; L► b e r i H M U �-v 0_4 Policy#or Self ins.LIG.#: Q. C 5 3 ! S to O J 3 O 9 O I L/ Expiration Date: lob Site Address-, ��`1 S Orn rn e �' S�- Pty/State/.Zip: 00 a-n J o J C,r Attach,a copy of the workers'comp ensationT olley declaration page(showing the policy number and expiration date). Failure to secure coverage as xequiredunder Section 25A ofMGL o.152 can lead to the imposition of criminalpenalties of a fine up to$1,500.00 and/or one-year'Mprison ent,as well as civil.penalties in the form of a STOP WORK ORDER and a fixte 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. ado hereby cert under tliepains and penalties ofperjury mat the inforfnation provided above is true and correct. - Sx�nature Date• Thong —:Z i 001 Oficial use oily/. .Do not wiite in this area,to be completed by city or town official City or Town: PermitlLicense# Issuing Authority(circle one): 1.Board of Health 2.Building/Department 3.City/Toym Clerk 4.Electrical Inspector 5.Plumbing Inspector! 6.Other - - - 'M,,,o R. Information and Instr .ctions Massachusetts General Laws chapter 152 requires all employers to provide workers'compensation for them employees. Pursuant to this statute,an employee is defined as"...every person k the service of another under any coniract ofbire,- express ox•implied,oral orwxitten." Au eWloye�is defined as"an individual,partnership,association,corporation or otherlegal entity,or anytwo ormoxe of the foregoing engaged in a joint enterprise,and includingthe,legal representatives ofa`deceased employer,.or the receiver or trustee of an individual,partnership,association or other legal entity,employing employees. PSowever the owner of a dwelling house having notmom than three apartments and who xesides therein,or the occupant of Me dwelling house of another who employs persons to do maintenance,construction or repair work on suoh dwelling house or on the grounds or building appurtenant thereto shall not because of such employment be deemed to be,an employer.,, • ti MGL chapter 152,§25C(6)also states that"every state or local licensing agency shall withhold•the issuance or renewal of a license or permit to operate a business or to construct buildings in the commonwealth for any applicant who has'uot produced-acceptable evidence of compliance with the insurance coverage re ui ed:' Additionally,MGL chapter 152,§25C(7)states"Neither the commonwealth nor any of its political subdivisions shall enter into any contract for the performance of-public work until acceptable evidence of compliance with the insurance requirements of this chapter have beau presented to the contracting authorlty." Applicants Please fill out the workers'compensallon affidavit completely,by checking the boxes that apply to your sitaation and,if ziecessary,supplysub-contractors)name(s),addresses)andphonenumber(s)along with their certificate(s)of insurance. Limited Liability Companies(LLC)or Limited Liability Partnerships(LLP)with no employees other than,the members orpa tn.ers,arenotrequiredto carryworkers'compensationinsurance. Tian LLC orLLP doeshave employees,apolicyzsxequired. Do advised thatthisaffidavit maybe submitted tothe Department of Industrial Acoidents 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 the permit or license is being requested,not the Department of Tudustrial Accidents. Should you have any questions regarding the law cr if you are required to obtain a workers' compensation:policy,please call the Department atthe number listed below. Self-insured companies should enter their self-insurance license number on the appropriate line. ' City or Town Mcials Please.ba sure that the affidavit is complete and printedlegibly. The Department has provided a space at the bottom. of the affidavit for you to fill out in the event the Office of Investigations has to contact you regarding the applicant. Please be-sure to fill inthe pan it/license number whichw.ill be used as a reference number, 7n.addition,an applicant that must submit multiple p emit/lie ense applications in any given year,need only submit one affidavit indicating current policy information(if necessary)and under"Yob Site Address"the applicant sb.ouldWrite"all locations.in. (city or town)."A`copy of the affidavit that has been officially stamped or marked by the city or town may be pxovidod to the applicant aspr'oo£that a valid affidavit-lion,file le for fix permits or licenses. Anew affidavit must b e filled out each, year.Where a home owner or citizen is obtaining a license ox permit not related to any business or commercial venture (i.e.a dog license orpermit to burn leaves eta.)saidperson is NOT xequired to complete this affidavit. The Office of Investigations would like 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 aiid fay,numb er: Tho CQonwt"alth0 !lassachvsPs - Depa ent ofWwWal Accidents 6bG Waftgton Sl eet Bohan,MA021 11 Revised s 26-05 Fax#617-727-7749 wt�vzrtas�.govfdz`a . �.'. DA.. (MM/DD/WYY) ::7 � CERTIFICATE Of L#ABILITY INSURANCE 7/9/2014 THIS:CERTIFICATE I$ISSOED AS,A MATTER,OF INFORMATION:ONLY AND CONFERS WRIGHTS UPON TNE.CERTIFlCATE HOLDER. THIS CERTIFICATE D0E8 NOT:AFFIRMATIVELY.OR NEGATNELY AMEND::EXTEND OR ALTER THE COVERAGE AFFORDED:BY.THE.POLICIES BELOW THIS CERTIFICATE Of,IN NO7 CONSTITUTE A CONTRACT.BETWEEN`THE.ISSUING IN8URER(S),-AUTHORIZED REPRESE. -NTA 'O PRODUCER,AND.1HE:CERTIFICATE HQCDER. t111IPORTANT if th¢.c8rtificatp holder is an,ADDITIONAL INSURED,,:the polgcy(im)must his endorsed. If SUBRQGATION IS WANED,subject to fhe terms artd conditions of the li . Po Cy,certain;plilicies may require an erdt}rsemerrt::.A statement on this certificate does riot.confer rights to the cerlrfiCate;holder.ri lieu.of.:such:endorsemetrt(s) PRODUCER: John V Zannino Iaslxrimce Agency o °978 531-5757 16 Fosti6r _Street Arc No 978.FAX 5142 Peabody, MA, Oi960 ADDREss .-::. ... ... .. ... - 11130kER(S)-AFFORfMle COYERAOE.. .. .. . . : .. ... _. INSURER.A :WWIC.:.. -INSURED THE: CHIMNEY.-COWANY INS B::LIB ERTY .I MUTUAL NSURANCE. 52 ORCI3ARI� _S :.. INSURER 0:,. $AIM, _MAI 01970 INS uREa o 97814-41Q01 INSURER E i INSURER . COVERAGES7 CERTIFICATE:.NUMBER: REVISION NUMBER: THIS IS':TO CERTIFY THAT.-THE;PpLIC1ES OF INSURANCE LISTED BELOW HAVE BEEN:.ISSVED TO THE.INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED NQTUVRHSTANDING-ANY REQUIREMENT;TERM OR CONDITION`QF:ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MATTE ISSUE[).OR MAY PERTAIN THE:INSURANCE AFFORDEp BY TIiE.:POLIGES.DESGRBED:HEREIN IS SUBJECT TO 1411 THE TERMS, :. EXCLUSIONS AND CONONs OF SU.CH.POLICIES_.LIMITS SHOWN MAYHAVE BEEN REDl1CfD BY PAID CLAIMS: MSR- .. AVUL PuLl . . :LTR c- TYPEOF INSURANCE - .. sisowvDPOLICY NUMBER MwDD MMVDD LIMITS R cberMMtcM:oar+eRaL:Lwenm_ EACH OCCURRENCE $ 1 000. 000_ CLAIMS MADE OCCUR' PREMISES Eaq=rrenee $ 50.1000 NPP064325CC14 06/04/14.06/04/18 A1EDEXP t""Yone a °")` $ 2. 000 MRSONALBADVINJURY . $-11 000,000 GEML AGGREGATE UMR APPLIES PFA- GENERAL AGGREGATE $ 2,000,0Q0 : POuCY�,Jr pT aLOC PRODUCTS=COte1P/OPAGG $ 1;000,000 _. .-. OTHER. .�.:�. ..: - ... AUTOMOBILE LIABILITY $ Fa accident), bp ANYAUTO' BODILY INJURY(Per person) $ ALL OWNED SCHEDULED AUTOS AUTOS BODILY INJURY(Per accident) $ ROPERTY DAMAGE :HIREDAUTOS AUTOSWN� — Per accident) $ UMBRELLA LIAR.. OCCUR: EACH.OCCURRENCE $ EXCESS LIAB CLAIMS-MADEAGGREGATE $ DED RETENTION$ $ WORKERS.COMPENSATION AND EMPLOYERS'LIABILITY STATUTE ER _ ANY1.PROPRIU600 ARTNER/EEXECUTNE .YrN - - WCS31S6053O9014::: 66/05/106/06/14 E.L.EACH ACCIDENT : $ '1,000.,-000 B: OFFfCER/MEMaER 'EXCLUDED? :. Fit -. 4�� - (Mandebey in NFO E.L.DISEASE-EA EMPLO $ 1 000 y 000 H yes:describe under .. "DESCRIPTION-OF OPERATK)N$below .... .: .--, - E.L.DISEASE-POLICY LMT $ 1y000 000. . DESCRIPTION OFOP,ERATIONS/LOCATIONS/VEHICLES (ACORD 101.Additional Remarks Schedule:may b(iattached d more space Is required} CERTIFICATE`:HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE. THE ;':EXPIRA710N::-DATE THEREOF,: NOTICE-WILL..BE -DELIVERED".IN : C A CORDANCE WITH THE POLICY PROVISIONS: A.. ESENTATNE 1988-2014 ACORt?CORPORATION:-All rights reserved. :ACORD25(2014J01j The Anname and tpgp are registered marks of ACORD Massachusetts -Department of Public Safety . Board of Building Regulations and Standards Constructinn Supervkor License: CS-083615 JOHN WAI,SH - Ir 52 ORCHARD ST. SALEM MA 01970 @. a Expiration Commissioner 0211312016 dye �O6�n�r1q�rerreall.0 �2��ra�ac%uQeL�ri f �\ Office of Consumer Affairs&Business Regula tion ME IMPROVEMENT CONTRACTOR eI istration: 148428 Type: x iratio Yat ., A n :9127/2015;: CBA THE CHIMNEY COMPANY ' r A 3t JOHN WALSH �= k 52 ORCHARD ST SALEM,mA 01970 Undersecretary