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Building Permit #0754-2017 - 440 GREAT POND ROAD 2/6/2017 (3)
,,ORT DUILDING PERMIT .� 6 TOWN OF NORTH ANDOVER APPLICATION FOR PLAN EXAMINATION `- Permit No#: 0-z34_ < Date Received S SACHus� Date Issued: 2- (,117 - EWPORTANT:Applicant must complete all items on this page a- rx t`' t Pil�rlt r`*rr'�' PROPE-RTY� WNER� , _ — ;: ��1� `� � 3Pnnts� 1 DD�Year ructu�re��n .: r syeS 1?ARCEL ZONING DISTRICT: tstortc ®istnct� eyes; MAP � Machine.Sho Village yes 'TYPE OF IMPROVEMENT PROPOSED USE Residential Non- Residential D New Building ane family ❑Addition ❑Two or more family ❑ Industrial 4P,Iteration No. of units: ❑ Commercial _ P-Repair, replacement ❑Assessory Bldg ❑ Others: ❑Demolition ❑ Other Septic `Well - _ [7 Ffoo'dplain (]1Net(anas- R atersfie- ®isfn6i --- �, / DESCRIPTION OF WORK T DE PERFORMED: e Identifica ' n- Please Type or Print Cleary OWNER: Name: Phone: 9X 7(o/ S7�•Z Address: Cont�a`ctor am Tie :_ dR Ph1 . �.... . -..._ :you=erviso�'s Construct�on License:`=-. _: ! -_ 'a- `Exp: Dates l , : . ID; Home;lm_.rovernerit:Licensea -- - _ - Ex :.�Date:=: A ECT/E GINEER d � !u�l . Phone: RCH1T N Address: �� Jf W,�leepIc'. Reg. No. FEE SCHEDULE.BULDING PERMIT.$12.00 PER$1000.00 OF THE TOTAL ESTIMATED COST BASED ON$125.00 PER S.F. ,--,Total Project Cost: $ '7G 1 � Z.d(�.00 FEE: $ � Check No.: . V LqV Receipt No., 31 ' NOTE: Per ns on c with unregistered contractors do not Biu e., ccess,to tIze�gua r anty fund i 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 o Workers Comp Affidavit ❑ Photo Copy Of H.I.C. And/Or C.S.L. Licenses o 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 o Building Permit Application o 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) o Mass check Energy Compliance Report (If Applicable) ❑ Engineering Affidavits for Engineered products VOTE: All dumpster permits require sign off from Fire Department prior to issuance of Bldg Permit New Construction (Single and Two )Family) o Building Permit Application o Certified Proposed Plot Plan ❑ Photo of H.I.C. And C.S.L. Licenses o Workers Comp Affidavit o Two Sets of Building Plans (One To Be Returned) to Include Sprinkler Plan And Hydraulic Calculations (If Applicable) • Copy of Contract act o Mass check Energy Compliance Report o Engineering Affidavits for Engineered products 10`T'E: All dumpster permits require sign off from Fire Department prior to issuance of BIdg. Permit In all cases if a variance or special permit was required the Town Clerks office must stamp the decision from the Board of Appeau 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 ,Xa r Plans Submitted ❑ Plans Waived El Certified Plot Plan ❑ Stamped Plans ❑ TYPB OF SEWERAGE DISPOSAL Public Sewer ❑ Tanning/MassageBodyArt ❑ Swimming Pools ❑ WeIl ❑ 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 fi a Zoning Board of Appeals: Variance, Petition No: Zoning Decision/receipt submitted yes Planning Board Decision: Comments Conservation Decision: Comments Water & Sewer Con nectionlSianature Date Driveway Permit DPW Town Engineer: Signature: Located 384 Osgood Street FIDE DEPARTMENT -.Temp Dumpster on site yes no Located at 124 Main Street Fire Department sign/att"ureldate -imension Number of Stories: Total square feet of floor area, based on Exterior dimensions. Total land area, sq. ft.: ELECTRICAL: Movement of Muer location, mast or service drop.;requires approval of Electrical Inspector Yes No ®ANGER ZONE LITERATURE: Yes No MGL Chapter 166 Section 21A—F and G min.$100-$1000 fine NOTES and DATA— (For department use) W)1A h 2 �22)11 �I ❑ Notified for pickup Call Email ate Time Contact Name Doc.Building Permit Revised 2014 l Location -"4 41�2 4AJ-' No.t ® >' + Date� ta • TOWN OF NORTH ANDOVER Certificate of Occupancy $ Building/Frame Permit Fee $2 , 26.00 Foundation Permit Fee $ " K. Other Permit Fee $ TOTAL Check# 1 i s f f e -01495 Building Inspector I Enter construction cost for fee cal- North Andover Fee Calculation Construction Cost $ 25152,200.00 m $ - $ 25,826.40 Plumbing Fee $ 3,228.30 Gas Fee 100 comm. $ 100.00 Electrical Fee $ 3,228.30 Total fees collected $ 32,383.00 440 Great Pond Road 754-2017 on 2/6/2017 finish house r , �ORTIy 4 - w: .6 Y. -c ver O - No. low=% � ver, Mass, � 2A17 NI C OC CMl WICK y7. �d A�RATEO 0a,`'�y S U BOARD OF HEALTH Food/Kitchen PERMIT T LD Septic System THIS CERTIFIES THAT .... *1#Cj44'. 11C.070.ff. . , ....... .. BUILDING INSPECTOR Foundation has permission to erect .......................... buildings on ..1q.q.Q...� AP . Rough to be occupied as � .. ..����������.���� Chimney provided that the person accepting this permit shal In every respect conform to the terms of the applications inal 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 CONST CTIO Rough &Z L92 M& Service "' "' Final BUILDING IN C"TO GAS INSPECTOR Occupancy Permit Required to Occupy Buildinje 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. , � �., 5� ,t[ wl AM e w `. ••• it 11 11 Ilk t v r = 1111 11• 11 11' r - t 11• 1 1 1 1 1 • ••■ ■ { it n: : IQ ►� +, AFJP" arrrr tb/ ►oman No iiii s t t��` ��■ •o■ ■ ■.■ ■ saw III ,,.... ■o■ ■l■ .t�x IBM ran INS son Jim ago p 1 • 1 1 1 1 1 dw u t 33 11 1 1 1 nw IMG_2029 IMG-2030 IMG-2031 IMG-2032 IMG_2033 k� lit i t t .. IMG-2034 IMG_2035 IMG-2036 IMG-2037 IMG-2038 <_ s IMG 2039 IMG 2040 IMG 2041 IMG 2042 IMG 2043 z ; IMG 2044 IMG 2045 IMG 2046 IMG 2047 IMG 2048 -�&,' _ .�. MM7 F I to , IMG 2049 IMG 2050 IMG 2051 IMG 2052 IMG 2053 D ir��p mill _ f � t uAM IMG-2054 IMG-2055 IMG-2056 IMG_2057 IMG-2058 IMG-2059 IMG-2060 IMG-2061 IMG-2062 1MG_2063 1.� 1• 1.. 1. 1.' FR 1.• 1 1 1 1 1 01 mile allilso too a 1113! fit all 45 Nil ..[I bit YV Fid ' I ` ow . fit " . Mal- ho 1 • 1'1 1' 1' 1' t � . 333 14 � ;I 1'• 1.1 1• 1• 1• 7 Y t 1'' 1• 1•. 1• 1•: IMG-2099 IMG-2100 IMG-2101 IMG-2102 IMG-2103 I,a C IMG-2104 IMG-2105 IMG-2106 IMG-2107 IMG-2108 f" r E IMG 2109 IMG 2110 IMG-21 11 IMG 2112 IMG-21 1 IMG-2114 IMG-2115 IMG-2116 IMG-2117 IMG-2118 Fy. � 4 4 t IMG-2119 IMG-2120 IMG-2121 IMG-2122 IMG-2123 _4 IMG-2124 IMG-2125 IMG-2126 IMG-2127 IMG-2128 moIK''~ IMG-2129 IMG-2130 Cost Plus Contract 1. Relationship between the Parties: The Owner is supplying the Contractor with plans. specifications and/or design documents for the project. 2. Cost Plus Contract: This is to be a cost plus contract. It is not a "fixed price" contract. The Contractor will estimate the project cost, but the actual project cost is ultimately determined by the actual costs of labor and materials supplied by the Contractor. The actual costs of construction may be higher, equal to, or lower than the cost estimated by the Contractor. This is not a"fixed price" or guaranteed maximum price r the Owner is responsible to pay for actual under guaranteed maximum amount. Rather, p expenditures by the Contractor and for comparing expenditures to the amounts estimated by the Contractor. ;. Components of Costs: Owner will pay all invoices to subcontractors and suppliers directly, and will pay the general Contractor a fee of 20%of all total invoices. 4. Cost Auditing The Owner is permitted to review the material purchase receipts and subcontractor invoices each time the Contractor submits a monthly progress billing. Because there is no fixed price or guaranteed maximum price, the Owner should carefully review payment applications and supporting documentation. In addition, lien release forms have been provided as Exhibits to the Document. 5. Bods. Insurance: The Contractor and Owner are to contact their insurance agents before signing this contract to make sure all the insurance requirements are met. The Contractor is required to provide insurance to the Owner insure the Work while in progress. Additionally,the Owner is to check the status of each potential subcontractor's insurance. 6. Contractor's Warrant : In the documents, the Contractor warrants to the Ow�1er that the Work will be in accordance with contract documents and free of material strlrctural defects. i 7. Revisions: If revisions are to be made to this contract, they should be done so ill writing. RESIDENTIAL CONSTRUCTION CONTRACT (Cost Plus Parties: DC Development & Construction, LLC 100 Hale St. I Iaverhill, MA 01830 Contractor Manor Realty Trust Lucy Munyi and Samuel Kimungu, Trustees 2 Woolsack Dr. Westford, MA 01886 Owner Property: 440 Great Pond Rd. North.Andover, MA 01 845 I Date: 12/7/16 I. THE WORK U Contractor's Duties. Contractor shall manage, hire and order on behalf of Owner. the material, labor, equipment, tools, and supervision (the "Work") necessary to construct a single- farnily residence (the, "Project") for Owner on the Property in compliance with the plans and specifications supplied by Owner (the "Plans"). The Plans are attached as Exhibit A. This Contract and all of its Exhibits, and all Change Orders after execution,are the"Contract Documents." Contractor agrees to immediately inform Owner in writing of any discrepancies, errors. or omissions in the Plans or materially changed or unanticipated conditions and not to proceed with any work affected by such discrepancy until Owner directs Contractor to do so. 2 Permits. Contractor shall obtain the governmental approvals of the Plans and all permits for construction of the Project. Owner is responsible for cost of the building permit and other necessaiypermits. II. PRICE AND PAYMENT 2.1 Estimated Project Cost. Contractor estimates the total cost of the Work to be T%vo Million. One Hundred Fifty-two Thousand, Fifty Dollars ($2,152,200.00) as set forth in Exhibit 13 (the "Estimated Project Cost'). The Estimated Project Cost is organized by trade categories and systems. FAlllbit B is an estimate only and it is based upon the Plans provided by Owner. The actual total cost of the Work may be higher or lower than the Estimated Project Cost. 2.2 The Cost of'the Work (Cost Plus Fee). Owner shall pay Contractor for the performance of the Work a' sum equal to tfventy percent (20%) of the Actual Costs of the total invoices paid to subcontractors and suppliers (the "Contractor's Fee"), plus sales tax. Owner shall pay all suppliers and subcontractors directly, including any deposit required by any subcontractor or supplier prior to the commencement of the subcontractor's work or suppliers purchase. "Actual Costs" include the following: (a) On-site Project personnel costs, but limited to those persons necessary for the proper performance of the Work, at the following hourly rates: (list by job title and hourly rate) (b) The costs paid for the purchase, installation and/or use of all materials, structural accessories, machinery, equipment or other items'for the performance of the Work; (c) The costs paid for all insurance and governmental fees and permits for the Project; (d) The costs paid to subcontractors for their performance of the Work; and 2.3 Down Payment. Owner shall pay Contractor a clown payment of One Hundred Thousand Dollars ($100.000.00) prior to commencement of the Work. The down payment shall be credited against the Cost of the Work beginning with Contractor's first Progress Payment. Owner has sufficient funds, either personal or through lender financing, in an amount equal to the Estimated Project Cost, 2.4 Progress Pa:, mnts. On the first business day of every month, Contractor shall present to Owner an A lication for Payment based on the Actual Costs incurred to that date plus the Contractor's Fee and plus sales tax, less previous payments. Owner shall pay the full amount billed. no later than Five (5) calendar days from the date of' receipt of each Application for Pm.-ment. With each Application for Payment the Owner shall have the right to require Contractor to provide documentation to support those Actual Costs. Contractor shall apply Owners payment only to the costs and fees of this Project. 2.5 Anticipated Actual Costs Exceeding Estimated Project Costs. If Contractor reasonably believes that anticipated Actual Costs will exceed any Work component of the Estimated Project Cost in Exhibit B by more than ten percent (10%), then Contractor shall give prior written notice to Owner of the anticipated increase before completing that Workcomponent. 2.6 Retainage. Owner shall not witlhhold retainage from progress payments. 2.7 Lien Release. Owner shall not be required to make any payment to Contractor unless and until Contractor provides Owner with an unconditional waiver and lien release form signed by Contractor. Owner shall notlbe required to make any payments to subcontractors unless and until each subcontractor who is claiming Two Thousand Five Hundred Dollars ($2,500.00) provides Owner with an unconditional waiver and release form signed by subcontractor. Exhibit C-l. 2.8 Final Payment. Within ten (10) days after Contractor notifies Owner that the Worl<is Substantially Complete, Owner shall inspect the Work with Contractor and deliver to Contractor a comprehensive list of items to be completed or corrected (the "Punch List"). The Punch List and other Work shall be finished by Contractor within thirty (30) days of Contractor's receipt of the Punch List. Final Payment shall be due when the Contractor provides the Owner with final lien releases from Contractor and all subcontractors and suppliers, conditioned only on receipt of Final Payment attached as Exhibit C-2; "Substantially Complete" or "Substantial Completion"means the stage in the progress of the ,Work when Owner has legal occupancy and full and unrestricted use and benefit of the Project for its intended purpose with only minor incidental work or correction or repair remaining to be performed by Contractor. 2.9 Failure of Payment. If Owner fails to pay Contractor amounts due within five (5) days of the time required by Section 2.4, Contractor may, upon providing seven (7) days written notice to Owner, suspend the Work until the amounts due have been received. If the failure of payment remains uncured for five (5) days after the first written notice, Contractor may terminate the Contract. Payments due 'and unpaid under the Contract Documents shall bear interest at the rate of twelve percent(12%) per annum from the date payment was due until paid. III. CHANGES 3.1 Nature of Chane. If Owner or Contractor requests, or one of the parties believes that a change is necessary, (� "Change"),then the parties shall comply with the following procedure to reflect a Change in the Work: a. The Party requesting or noting the Change shall write a description of the Change and give the other Party that writing (the "Change Notice"); b. Before proceeding with the changed work, unless excused by an emergency involving safety or property damage, the Contractor shall provide Owner with a fixed-price written estimate of the cost and time impact of the requested Change; C. Owner and Contractor shall execute a Change Order confirming their agreement with the Change, the fixed-price cost, and the extension of the Substantial Completion date, if any. If the Change cannot be performed on a fixed-price basis, the Change Order shall identify the agreed method of compensation. d. Owner shall pay the Contractor the total cost of the change order prior to any work being commenced pursuant to the work order. 3.2 Change Order Format. A blank Change Order forrn is included in this Contract as Exhibit E. IV. SCHEDULE 4.1 Commencement and Completion of the Work. Contractor shall commence the Work within ten (10) calendar days of receipt of a building permit and down payment. Subject to the permitted extensions and delays provided herein, Contractor shall Substantially Complete the Work within fifteen months (456) calendar days after the commencement date. With its first Application for Payment, Contractor shall provide a schedule indicating proposed subcontractors' activity sequences and durations, deadlines for Owner's decisions on material selections, and mi lestones for delivery of materials. The schedule is included in this Contract as Exhibit F. 4.2 Construction ,Time and Liquidated Damages. Contractor agrees that the time in Section 4.1 to reach Substantial Completion, as reflected by Contractor's schedule, provides sufficient time for the expeditious and practical execution of the Work. 4.3 Delay. If the ;Project is delayed by the act, neglect or default of Owner, Niler's agent, Owner's design professional, Owner's lender, governmental action or inaction, any contractor employed by Owner, any materials supplier acting for Owner, or any other reason or reasons beyond Contractor's:reasonable control, including without limitation damage caused by fire or other casualty, strikes, force majeure, shortage of materials or labor, transportation delays. weather conditions, change orders, or deficiencies in the Contract Documents (the "Excusable Delay"),then the Substantial Completion date shall be extended for a period reasonably equivalent to the time lost by reason of suchdelay. 4.4 Notice of Delay. Within a reasonable time following the date Contractor knows. or within reasonable diligence should know of an Excusable Delay, but in no event longer than seven (7) days, Contractor shall notify Owner of the extension of time resulting from such delay. "Che extension of time shall be based upon Contractor's reasonable determination of the delay period. Any time extension to the Substantial Completion date shall be documented in a Change Order. V. INSURANCE Before commencing the Work and as a condition of payment, Contractor shall purchase and maintain insurance as described below from an insurer admitted to do business in Massachusetts, that will protect it from bodily injury or property damage claims arising out of its operations under this Contract, whether the operations are by Contractor, Contractor's consultants or subcontractors, anyone directly or indirectly employed by any of them, or by anyone for whose acts any of them may be liable. 1. Commercial General Liability (CGL) insurance providing bodily injury liability and property damage liability with combined single limits of not less than $1,000,000 per occurrence, and $2,000,000 general aggregate limits, and Products/Completed Operations aggregate limits of $2,000,000, written on an occurrence form. 2. Automobile liability insurance with a minimum limit of liability of not less than $300,000 per occurrence for all owned, non-owned and hired automobiles. 3. If the Owner requires that Contractor's general liability policy be endorsed so ,that the aggregate limits of insurance apply on this job, both parties must check the appropriate box: Owner [ ] Contractor [ ]. 4. Owner shall be included as an additional insured under the CGL policy. Prior to starting work, Contractor shall provide a copy of the actual. additional insured endorsement or blanket additional insured policy wording to the CGL policy that documents the Owner's additional insured status. Unless otherwise agreed, Owner shall secure and maintain property insurance upon the Work to its frill insurable value (replacement cost) including the peril of theft and. including materials delivered to the Property (whether those materials are actually incorporated into or adjacent to the Work), miscellaneous materials and supplies incidental to the Work and temporary structures. If work is to be performed on an existing residential structure, the Owner may retain an all risk homeowner's policy and delete any exclusion to theft of building material's. Owner's policy limit must be increased to contemplate the value of the existing structure and improvements to be added. Owner and Contractor hereby waive their rights of subrogation against one another for any losses covered by the required insurance policies except that Contractor shall be liable :for the property insurance deductible if a claim is made against such property insurance and that claim arises out of Contractor's negligence. VI. CONTRACTOR'S WARRANTY 6l Contractor's !Warranty. Contractor warrants that the Work shall be in accordance with the Contract Documents and free from material structural defects and shall return and repair any `York not in accordancei with the Contract Documents for a period of one (1) year from the date of Substantial Completion of the Work (the "Warranty Period"). All product warranties, if any, are deemed assigned from Contractor to Owner. (2 Cure of Defect. If a defect is discovered within the Warranty Period, then Owner must promptly notify Contractor in writing following the discovery of that defect (the "Warranty Defect Notice") and must provide Contractor with an opportunity to inspect and an opportunity to either cure the defect in a manner customary in the industry or to pay to Owner the cost of repair or replacement of the defect as estimated by Contractor. This Warranty Defect Notice shall serve as the written notice of claim described in the following paragraph. In no event shall Contractor's liability exceed the fair and reasonable cost of repair or replacement of the warranted defect. Contractor shall not be liable for any cost or expense incurred by Owner in remedying any warranted defects Lidless Contractor has been notified in writing and has been afforded the opportunity to cure the claimed defect or to pay the sums specified herein.Nothing contained in this section shall be construed to establish a period of limitation with respect to Contractor's other obligations under the Contract Documents 63 Limitation of Damages. Contractor and Owner waive claims against each other for consequential damages.This mutual waiver includes,but is not limited to: (a) damages incurred by Owner for loss of income, profit, financing, business, and reputation; and (b) damages incurred by Contractor for losses of financing, business and reputation, and for loss of profit except anticipated profit arising directly from the Work. This mutual waiver is applicable, without limitation, to all consequential damages due to either party's termination in accordance with Section 9. Nothing contained in this Section 6.4 shall be deemed to preclude an award of liquidated damages, when applicable, in accordance with Section 4.2. If any court determines that this section or its application to any person or circumstance is, to any extent, invalid or unenforceable, the remainder of this Contract shall not be affected thereby and each other term, covenant or condition of this Contract shall be valid and be enforced to the fullest extent permitted by law. VII. AS,AFETY Contractor and its subcontractors shall take all reasonably necessary safety precautions. including compliance with, applicable laws, ordinances, regulations, and orders issued by a public authority, whether federal, state, or local. Contractor shall at all times be responsible for providing a safe job site and be responsible for the work performance and safety of all employees, personnel, equipment, and materials within the care, custody, or control of Contractor or its subcontractors of any tier. Contractor and its subcontractors shall furnish all required safety equipment and ensure all of its employees and lower-tier subcontractors' employees have and wear personal protective equipment in compliance with applicable safety requirements. Contractor shall promptly provide Owner with written notice of safety hazard(s) or violation(s) found on the job site or of any injury to its or its subcontractors' workers incurred on the job site. VIII. INDEMNITY Contractor agrees to defend, indemnify, and hold harmless (the "Indemnity Duty'`) Owner and its agents from and against claims, damages, losses and expenses, including but not limited to attorneys' fees and costs and expenses, 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 dea h, onto injury to or destruction of tangible property (other than the Work,. itself) (the "Harm"), pr vided, however, that the Contractor owes no Indemnity Duty if the 1-larni was caused by or results 6om the sole negligence of the Owner or its agents or both, and provided further that in the event of concurrent negligence (i) by Contractor or the Contractor's subcontractors agents or employees, or both and (ii) by the Owner or its agents, or both, then the Contractor's Indemnity Duty is valid and enforceable only to the extent of the negligence of Contractor, its agents, a id its employees. IX. TERMINATION 9.1 Termination by Owner for Cause. Owner may, after giving Contractor seven (7) days written notice and an opportunity to commence and continue to cure the alleged cause. terminate the Contract i Contractor violates any material provision of this Contractor: (a) refuses or fails to supply enough properly skilled workers or proper materials; or (b) persistently disregards laws, ordinances, rules, regulations or orders f public authorities having jurisdiction. 92 Termina ion by Contractor for Cause. In addition to Contractor's right to terminate the Contract pursuant t Section 2.9, the Contractor may terminate the Contract for cause if the Owner breaches any i laterial provision of the Contract Documents. Prior to terminating the Contract for cause under this Section, Contractor shall first provide Owner seven (7) days written notice of the alleged breach.! If Owner fails to cure the breach within seven (7) days of receipt of h cure efforts if the breach cannot' such notice, or fails to commence and diligently continue with reasonably be cured wit iin seven (7)days,the Contractor may terminate the Contract. X. MEDIATION The parties agr e to attempt to resolve any dispute through good faith negotiation as a condition precedent to commencing litigation, except where commencing litigation is necessary to preserve lien or other similar rights. If negotiation is not successful,then before beginning any legal proceeding, other than o enforce this Section, the parties agree to engage in non-binding mediation conducted by a mediator selected by them and in accordance with the Massachusetts State version of the Uniform Medi tion Act. Unless the parties agree otherwise, the mediation will be in accordance with the -Tome Construction Mediation Procedures of the American Arbitration Association ("AAA"). Either party may give written notice to the other party requesting mediation and the parties agree tc use their best efforts to conduct the mediation within sixty (60) days of the notice. The parties will share the cost of mediation equally. The mediation notice and mediation process are not a con ition to satisfying the notice requirements identified in Section 6 of this Contract or the recordi ig of;a mechanics' lien. X1. GENERAL 11.1 Survival In the event any clause or provision of this Contract shall be held to be invalid. then the remain ng clauses and provisions shall nevertheless be and remain in full force and effect. 11.2 Entire A greernent. The Contract Documents contain the entire agreement between the parties with respect to construction of the Project. All other agreements, oral or ATitten.. are hereby merged into an superseded by this Contract. There are no other agreements which modify or affect the terms hereof No amendment hereto shall be binding; unless the terms thereof are in writing and signed by b th parties.No verbal or other agreements modify or affect this Contract. 11. 3 Binding. Effect. This Contract shall be binding upon the parties hereto, and their heirs.. successors, executors, administrators and assigns. 11.4 Assign tent. Neither party shall assign nor transfer this Contract or any rights hereunder without the p•ior written consent of the other. 11.5 Notices. All notices which may be required under this Contract are to be in writing and delivered (a) to the attention of the party at the address listed on the signature page, or (b) by email to the email address on the signature page; or (c) by fax to the fax number on the signature page, or(d)mailed by entified mail, postage prepaid, to the address listed on the signature page. All notices shall be deemel served upon delivery, successful transmission, or two (2) days following deposit of the notice in he U.S.mail as required herein. 11.6 Govemi g Law Venue. The performance and interpretation of this Contract shall be -overned in accordance with the laws of the State of Massachusetts. Any litigation arising out of or in connection with tl is Contract shall be conducted in the County where work is performed. CONTRACTOR: OWNER: � -� Printed Name: Slkt ��� '�' Printed ame: l A- Title: E-Mail: E-Mail: PC, fy),2o o Ph(�i m-r.iJ.�: Fax: Address: Address: _ Contractor License No. Exhibits: A — Plai s B —Esti hated Project Cost dated C-1 — U lconditional Lien Release Form C-2 — C nditional Lien Release On Final Payment Form D —Change Order EXHIBIT A PLANS List of Plans provided y Owner: 1. J. EXHIBIT B ESTIMATED PROJECT COST ('Fo be provided by Contractor) EXHIBIT C-1 CONDITIONAL WAIVER AND RELEASE UPON PROGRESS PAYMENT The undersigned has been paid and has received a progress payment in the sum of$ For labor, services, equipment, or material furnished to _on the job of (Maker of Check) located at (Omier) (Job Description) and when the check has been:properly endorsed and has been paid by the bank upon which it is drawn, the undersigned does hereby release any mechanic's lien, stop notice, or bond right that the undersigned has on the above referee ked job to the following extent. This release covers a progress payment for labor. services, equipment, or i iaterials furnished to through only and does not cover any retentions retained before or after the release date; extras furnished before the release date for which ayrnent has not been received; or extras or items furnished after the release date. Rights based upon word performed or items furnished under a written change order which has been fully executed by the parties )rior to the release date are covered by this release unless specifically reserved by the claimant in this release. This release of any mechanic's lien, stop notice, or bond right shall not otherwise affect the contract rights, including rights between parties to the contract based upon a rescission, abandonme it, or breach of the contract, or the right of the undersigned to recover compensation for furs shed labor, services, equipment, or material covered by this release if that furnished labor. service;. equipment, or material was not compensated by the progress payment. Dated: (Contractor) By (Print Name) ("Title) EXHIBIT C-2 ONDITIONAL WAIVER AND RELEASE UPON FINAL PAYMENT Upon receipt by the undersigned of a check from __in the (Maker of Check) sum of;__ _ payable to _and when the check (Payee) has been properly endorsed and has been paid by the bank upon which it is drawn,this document shall become effective to release at mechanic's lien, stop notice, o►- bond right the undersigned has on the job of _ located at (owner) (Job Description&Address) "fhis release covers tile finaI payment to undersigned for all labor, services, equipment, or material furnished on the job. B fore:any recipient of this document relies on it, the party should verify evidence of•payment to the under signed. Dated: __. (Contractor) By (Print Name) (Title) EXHIBIT D CHANGE ORDER 1. Number Date ?. Contractor Address I Job Description 4. Property Address r Legal Description: 5. Contractor hereby agrees to make the change(s) specified below: See Attaclunent"A" 6. Fixed Price of Ch nge(s) Add: $ _ Deduct: $ 7. Previous Change Orders $ S. Reason for Change: See Attachment"A" 9. Contract Time Extension: 10. New Completion ate: ACCEPTANCE: The terms of this change order are satisfactory and are hereby accepted: OWNER APPRC VAL DATE CONTRACTOR APPROVAL DATE Attachment"A" Change Order No. Initial Construction Control Document M To be submitted with the building permit application by a Registered Design Professional for work per the 8th edition of the Massachusetts State Building Code, 780 CMR, Section 107.6.2 Project Title: 440 Great Pond Road Residence Date: January 31,2017 Property Address: 440 Great Pond Road North Andover MA r y Project: Check(x)one or both as applicable: New construction X Existing Construction Project description: The project is to construct a single family residence at 440 Great Pond Road.The project was started in 2003 and progressed at differebt intervals.The current owner is lookingto o complete the interior of the existing framed building.The work will include electrical,plumbing HVAC and interior cabinetry and millwork. I Thomas F. Galvin MA Registration Number: 20285 Expiration date: August 31,2017 , am a registered design professional, and hereby certify that I have prepared or directly supervised the preparation of all design plans, computations and specifications concerning': X Entire Project Architectural Structural Mechanical Fire Protection Electrical Other: for the above named project and that such plans, computations and specifications meet the applicable provisions of the Massachusetts State Building Code, (780 CMR), and accepted engineering practices for the proposed project. I understand and agree that I(or my designee) shall perform the necessary professional services and be present on the construction site on a regular and periodic basis to: 1. Review, for conformance to this code and the design concept, shop drawings, samples and other submittals by the contractor in accordance with the requirements of the construction documents. 2. Perform the duties for registered design professionals in 780 CMR Chapter 17,as applicable. 3. Be present at intervals appropriate to the stage of construction to become generally familiar with the progress and quality of the work and to determine if the work is being performed in a manner consistent with the approved construction documents and this code. When required by the building official, I shall submit field/progress reports(see item 3.)together with pertinent comments, in a form acceptable to the building official. Upon completion of the work, I shall submit to the 1 a `Final Construction Control Document'. ARF. ��/T Enter in the space to the right a"wet"or electronic signature and seal: o No.20285 CIO WA f`, p A99. g1/11 Phone number: 978-470-3675 rh' assearchitects.com Building Official Use Only Building Official Name: Permit No.: Date: Note 1.Indicate with an`x'project design plans,computations and specifications that you prepared or directly supervised.If`other'is chosen, provide a description. •`The Commonwealth of Massachusetts - ;• DepartmeKt of IndusoalAceldents X coig-ress,S`tfeet,SO100 Y : d Boston, NIA 02114--2017 9� wwv mass gov/dra 'Parkers'CompensationTnsuxaned kffldavizt:Buildexs/CG A OTHOTtI czars/ limabexs. TO BE FIIsED WUH TBE P� .,Elease Print Tie ' X A ''licant formation t C Name(Businessloiganizationadiv 6mD: G Address: MR o �3 U Phone#: co ���1 L� `-�` ► ► - City/Statelzip: M.► cZ►a x�. ecltIie a ro �riatebox: Type O�pxOJect(recpirecT)= Areyou an employer.Cb PP P 7. ❑Nev/ 1.[A Tam a employer with employees(fall andlor part time). constrdciaon 2,❑Tanrasole propuetozorpar[aMh'PandhavenoemployeesWoring fozmem 8. EIR.emoda.9 any capasrty.[NOworl e 'comp.ftow me required-] 9. ❑Demolition e1Z tN oworkers'comp.insurancerequired.]' ZO❑Building addition T am a homeowner doing all workmys 4 Q T am ahomeowner and wEl be hiring contractus to conduct all work on my property-TwrIl 11❑Elecirical repairs or additions enso ethat all ccntract�either have workers'compensation insurance u are sole ' -�.Io 12_��Plunlbg rep airs or additions proprietors with.noemp es. ye general contractor and Thavehiredthe sub-contractors listed onthe attached sheet l3 Rbofzepairs �Thesesnb-confractorshave employees and have workers'comp.insnnance.? 14.[]Other tion-and officers have exercised their right of exemption 6.n we are a corporaper MGL c. 132,§i(4),and_°we lrava no employees.[No ws'odrecomp.ins�nance reqused] uksbox#lrcinstalsofill outthosectionbelowshowingtheirworkers'compensationpoTrcymforrnatiou' .AnyaPl��thai •-• tlr are doing all work andthen hire outside contractors must:submit a new affidavr indicating such I Homeowners who submit-this mdroaimg shoving the name of the sub-contractors and stare whether or notthose enfities bane TContractors that cheekihLs bogmust attached an additional�sheet rode their workers'comp.policy number. employees. Tfthe sub-contractors have employees,they p eYn Zo ees $eZOTt�is t/zC pllicy andJob site I-can an employer'that is providingwo�ker�s'eolnpensation insr�ra72ee for my p Y information. Xnnsurauce Company Name: o�-oGy v2 GG e y _ExpirationDatel___I. 1_9 l Policy#or Self-irtis.Lic.#:. — - City/State/Zrp: 1�I/���*�^._�r�, MA ©t 8'-15 lob Site Address: — T RND D ' Attach.a copy of the woxkexs' eo-mipensatzon policy declaration page(sho�g the policy nnanber and expiration da-l;e). 500.00 Failure to secure coverage as required underMC7L eS �§25A in m criminal fS OP WORK ORDEI�d of �to $250.00 a and/or one-year imprisonment;as welt as civil p en day against the violator.A copy ofthis statement may b e forwarded to the Office of Investigations of the DIA.for insurance coverage verification. 7ddoe/iycertify er t7a apenalties ofperjuy that the inforrrcpvzded aiiave is true end correct Date:re:Phone #: official zrse only. Do noi-write in this area,to�e coir�pleted by city or'town o ldaL Pernaitlucense# City or Town- TssuingAuthority(circle one): Inspector 1. 1.Board of�ealt]a 2.Building Aepaxtment 3.CitylTo�ven Clerk 4.Electrical Inspector 5.plumbing Tnspr 6.Othex phone#: Contact Person: Information and Instructions Massachusetts General Laws chapter 152 requires all employers to provide workers'compensation for their employees. Pursuaut to this statute,an employee is defined as"...every person in the service of another under any contract of hire, express or implied,oral or written." An ernplayer is defined as"an individual;partnership,association,corporation or other legal entity,or any two or more of the foregoing engaged in a joint enterprise,and including the legal representatives of a deceased employer,or the receivbr'or trustee Q 'an individual,vidu 1, arinership,association or other legal entty employingem 10 ees:.However the P F owner of a dwelling house having not more than three apartments and who resides therein,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 employer." 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 applicazrtwlfo bras not produced acceptable evidence of compliance with the insurance coverage required." Additionally,MGL chapter 152,§25C(�)states"Neither the commonwealth nor any of its polittical subdivisions shall enter into any contract for the performance of public work until acceptable evidence of compliance with the 7n surance requirements of this chapter have been presented to the contracting authority." Applicants Please fill out the workers' compensation affidavit completely,by checking the boxes that apply to your situation and,if necessary,supply sub-coutractor(s)name(s),address(es)andphonenumber(s)along with theircortaicate(s)of insurance. Limited-Liability Companies(LLC)or Limited Liability Partnerships(LLP)with no employees other than the members or partners,axe not required to carry workers'compensation insurance. If an LLC or LLP d6es have employees,a policy is required. Be advised that this affidavitmay be submitted to the Department of Industrial Accidents for confimation ofinsurance 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 requ(Fted,not the Department of Tndustrial:Accidenis. Should you have any questions regarding the law or if you are required to obtain a workers' compensatiori.policy,please call theDepaxtment at the number listed below. Self insured companies should enter their self insurance license number onthe appropriate line. City or Town Officials Please be sure that the affidavit is complete and printed legibly. The Department has provided a space at the bottom of the affidavit for you to fill out in the event the Office of Investigations has to contact you regarding the applicant. Please be sure to fill in the p ermit/licewo number which will be used as a reference number. In addition,an applicant that must submit multiplepermit/Ecense applications in any given year,need only submit one affidavit indicating current policy information(ifnecessaty)and under`Job Site Address"the applicant should write•"all locations in (city or town)."A copy of the affidavit that has been officially stamped or marked by the city or town may b e provided to the applicant as proof that a valid affidavit is on file for future permits or licenses. Anew affidavit must be fated out each year.Where a home owner or citizen is obtaining a license or permit natrelated to any business or commercial venture (i.e. a dog license or permit to burn leaves etc.)said person is NOT required to complete this affidavit. The Department's address,telephone and fax number: The Commonwealth of Massachusetts Department of Industrial Accidents 1 Congress Street, Suite 100 Boston,MA 02114-201.7 Tel.#617-727-4900 ext.7406 or 1-877-MASSAFE Fax# 617-727-7749 Revised 02-23-15 www.mass.gov/dia ACORO0 DATE(MM/DD/YYYY) CERTIFICATE OF LIABILITY INSURANCE 1/3/2017 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(les)must be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT Select Department NAME: P Eastern Insurance Group LLC PHONE (800)333-7234 x66807 aC 0:(781)586-8244 IC.233 West Central Street ADL DRESS:selectwork@easterninsurance.com DR INSURERS AFFORDING COVERAGE NAIC A Natick MA 01760 INSURER AArbella Protection Ins. Co. 41360 INSURED INSURER B:Technology Insurance Co. 42376 DC Development & Construction LLC INSURER C-Allmerica Financial Benefits 41840 c/o Stephen Doherty INSURER O: 100 Hale Street INSURER E: Haverhill MA 01830-3972 INSURERF: COVERAGES CERTIFICATE NUMBER:MASTER 16-17 REVISION NUMBER: 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 AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE DDL B POLICY EFF POLICY EXP LIMITS LTR POLICY NUMBER MMIDD MMIDD GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 DAMAGE TO RENTED X COMMERCIAL GENERAL LIABILITY PREMISES Ea occurrence $ 100,000 A I CLAIMS-MADE Fx-]OCCUR 8500060926 0/29/2016 0/29/2017 MED EXP(Any one person) $ 5,000 PERSONAL 8 ADV INJURY $ 1,000,000 GENERAL AGGREGATE $ 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OP AGG $ 2,000,000 rx-1 POLICY PRO- LOC $ AUTOMOBILE LIABILITY Ee accidentSINGLE LIMIT 11000,000 000000 ANY AUTO BODILY INJURY(Per person) $ A ALL OWNED X SCHEDULED 1020001146 6/23/2016 6/23/2017 BODILY INJURY(Per accident) $ AUTOS AUTOS ) PROPERTY DAMAGE $ NON-OWNED (Massachusetts) Per accident X HIRED AUTOS X AUTOS Medical payments $ UMBRELLA LIAB OCCUR EACH OCCURRENCE $ EXCESS LWB CLAIMS-MADE AGGREGATE $ DED I I RETENTION$ $ WORKERS COMPENSATION X WC STATU-T.RY 'I OT H- AND EMPLOYERS'LIABILITY — ANY PROPRIETORIPARTNER/EXECUTIVE YIN E.L.EACH ACCIDENT $ 100,000 B OFFICER/MEMBER EXCLUDED? ® NIA C3465254 /19/2016 /19/2017 (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $ 100,000 If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ 500 000 C AutomobileWN1812931 1/1/2016 1/1/2017 Combined Single Limit $1,000,000 Scheduled/Hired/Non-Owned (New Hampshire) DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (Attach ACORD 101,Additional Remarks Schedule,if more space Is required) EXCAVATION CONTRACTOR CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Town of North Andover ACCORDANCE WITH THE POLICY PROVISIONS. 120 Main Street North Andover, MA 01845 AUTHORIZED REPRESENTATIVE John Koegel/PKG '��_ ACORD 25(2010/05) ©1988-2010 ACORD CORPORATION. All rights reserved. INS1125 r7ninnm ni Tha AnnDn nama and Inn^am ranieforarf marlre of ernRr1 r I Office.of Consumer Affairs and Business Regulation 10 Park Plaza - Suite 5170 Boston, Massachusetts 02116 Home Improvement contractor Registration Registration: 172892 K'---„ Type: LLC •,-t:--=a.�;, ,.�,;�z Expiration: 8/8/2018 Tr# 419291 DC DEVELOPMENT & CONSTRUC' n STEPHEN DOHERTY 100 HALE ST HAVERHILLr MA 01830 Update Address and return card.Mark reason for change. SCA 1 _: 20M-05/11 - Address 0 Renewal F� Employment Lost Card �e�rrurrarJ/rccueall,�o�C/l/ln�aac�uaeGZs Office of Consumer Affairs&Business Regulation License or registration valid for individual use only _- -—- HOME IMPROVEMENT CONTRACTOR expiration date. ff found return to: before the Registration:, =:,172892 Type: Office of Consumer.Affairs and Business Regulation J , ;� Expiration— LLC 10 Park Plaza-Suite 5170 ._y _ Boston,MA 02116 DC DEV ELOPMENT=&-CONSTkUGTiON LLC STEPHEN DOHERTrY 100 HALE ST HAVERHILL,MA 01830 t�— Undersecretary Not valid without signature Massachusetts Department of Public Safety Y Board of Building Regulations and Standards License: CS-037817 Construction Supervisor �r STEPHEN J DOHERTY ; 100 HALE STREET HAVERHILL MA 01830 Expiration:' Commissioner 10/27/2017 • I