HomeMy WebLinkAboutBuilding Permit #493-15 - 46 FOSTER STREET 11/21/2014Permit No#:
Date Issued:
BUILDING PERMIT
TOWN OF NORTH ANDOVER
APPLICATION FOR PLAN EXAMINATION
f S Date Received
a e
LOCATION_1
PROPERTY OWNER
MAPPARCEL
TYPE OF IMPROVEMENT
❑ New Building
❑ Addition
❑ Alteration
❑ Repair, replacement
emolif _
Septi :Well
OWNER: Name
Address:
ANT: Applicant must complete allitemson this
Print
Print 100 Year Structure yes LnoZONING DISTRICT:._ Historic District yesMachine Shop Village yes
PROPOSED USE
Residential
ne family
❑ Two or more family
No. of units:
❑ Assessory Bldg _
❑ Other
E! Floodplain ❑ W
ds
DESCRIPTION OF WORK TO BE PE
Non- Residential
ElIndustrial
0 Commercial
❑ )thers:
19
Vim. 'tq-
Identification - Please Type or
e✓
CSS cl Z.r .(.4
Clearly
Ph
tershed District
6114't
Contractor Name:
Address:
Supervisor's Construction License: . Exp. Date
I _
Home Improvement License: J b 7 JAp. va«.
ARCHITECT/ENGINEER
Phone:
Address: 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:' $46- e0 �t/�y� FEE:
It
Check No.: 142- Receipt No.:��i
NOTE: Persons contracting with unregistered contractors do nothave access to the guara
Signature of Agent/ .wner _ _ �gnature of cdntractor
Al...✓-
Location
No. Date
TOWN OF NORTH ANDOVER
Certificate of Occupancy $
Building/Frame Permit Fee $�
Foundation Permit Fee
Other Permit Fee $
TOTAL $ '}
Check #
282 92
Building Inspector
Plans Submitted ❑ Plans Waived ❑ Certified Plot Plan ❑ Stamped Plans ❑
TYPE OF SEWERAGE DISPOSAL
Public Sewer
Tanning/MassageBody Art ❑
Swirnming 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 Sianature
COMMENTS
HEALTH Reviewed on Sianature
COMMENTS
Zoning Board of Appeals: Variance, Petition No: Zoning Decision/receipt submitted yes
Planning Board Decision: Comments
Conservation Decision: Comments
Water & Sewer Connection/Signature & Date Driveway Permit
DPW Town Engineer: Signature:
Located 384 Osgood Street
FIRE DEPARTMENT Temp pumpster on site yes _ s _ no _
Located at 124 Main Street
Fire !Department signature/date _
COMMENTS
Dimension
Number of Stories: Total square feet of floor area, based on Exterior dimensions.
Total land area, sq. ft.:
ELECTRICAL: Movement of Meter location, mast or service drop requires approval of
Electrical Inspector Yes No
DANGER ZONE LITERATURE: Yes No
MGL Chapter 166 Section 21A —F and G min.$100-$1000 fine
NU 1 t5 and UA I A — wor awartment use
❑ Notified for pickup Call Emai
Date Time Contact Name
Doc.Building Permit 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
❑ Building Permit Application
o Workers Comp Affidavit
❑ Photo Copy Of H.I.C. And/Or C.S.L. Licenses
❑ Copy of Contract
❑ Floor Plan Or Proposed Interior Work
❑ Engineering Affidavits for Engineered products
NOTE: All dumpster permits require sign off from Fire Department prior to issuance of Bldg Permit
Addition Or Decks
❑ Building Permit Application
❑ Certified Surveyed Plot Plan
❑ Workers Comp Affidavit
❑ Photo Copy of H.I.C. And C.S.L. Licenses
o Copy Of Contract
o Floor/Cross Section/Elevation Plan Of Proposed Work With Sprinkler Plan And
Hydraulic Calculations (If Applicable)
❑ Mass check Energy Compliance Report (If Applicable)
❑ Engineering Affidavits for Engineered products
NOTE: All dumpster permits require sign off from Fire Department prior to issuance of Bldg Permit
New Construction (Single and Two Family)
❑ Building Permit Application
❑ Certified Proposed Plot Plan
❑ Photo of H.I.C. And C.S.L. Licenses
❑ Workers Comp Affidavit
❑ Two Sets of Building Plans (One To Be Returned) to Include Sprinkler Plan And
Hydraulic Calculations (If Applicable)
❑ Copy of Contract
❑ Mass check Energy Compliance Report
❑ Engineering Affidavits for Engineered products
NOTE: All dumpster permits require sign off from Fire Department prior to issuance of Bldg. Permit
In all cases if a variance or special permit was required the Town Clerks office must stamp the decision from the Board of Appeals
that the appeal period is over. The applicant must then get this recorded at the Registry of Deeds. One copy and proof of recording
must be submitted with the building application
Doc: Building Permit Revised 2014
Enter construction cost for fee cal -
North Andover Fee Cakulatlon
Construction Cost
$ 5%000.00
m
$ -
$
708.00
Plumbing Fee
$
88.50
Gas Fee 100 comm.
$
100.00
Electrical Fee
$
88.50
Total fees collected
$
985.00
46 Foster Street
493-15 on 12/2/2015
Kitchen Remodel
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STF_ Pi lV MC CULLOUGH'_
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STE HC-iy M CUL`LOUGH f"
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NO ANDOVER, ff,'AOiu45
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JM4ssaciusetts - Department of public Satcty
Baard of Building Regulations and StandSrds
Conctrurtion Supervisor
License; CS -094338
ITIS
STEPHEN A MCMLOUGH
733 TURNPEU sT U;192 ,
NORTH ANDOVER MA 01845
!� `
Comniissioner 09/08/201
,t
Expiration
5`
RED TAIL CONSTRUCTION
CONTRACT PROPOSAL
Prepared for:
Jerry Margolcyz
46 Foster St
North Andover, MA 01845
11/2112014 Contract Proposal - Page 1 of 14
Jerry Margolcyz 46 Foster St, North Andover, MA. 01845
Dear Jerry,
We are pleased to offer for your consideration the following proposal for the construction of your project. For ease of
reference, this proposal is divided into the following sections:
Section I
Contract/Proposal
Business conditions
Section 11
Contract/Proposal
Construction Contract
Section III
Attached Booklet I
Specifications of the job
The description of the proposed project contains precise, but understandable specifications (Section III) of the
items which are included in your project. The specifications form the heart of any construction CONTRACT and
we ask that you review them carefully. IF IT IS NOT SPECIFIED IT IS NOT INCLUDED IN THE SCOPE OF THIS PROPOSAL.
The business section gives you the general conditions of the work and site, the anticipated start and completion
dates, the price of the project with the payment schedule as well as any allowances.
The legal section expresses the general conditions of the CONTRACT and specifies the responsibilities of the
contractor and the owner.
The item identifier i.e. GN01001, is shown in the specifications for ease of identification of each and every item we have
included in this proposal. Remodeling work can be confusing and complex; however, hopefully this format will
facilitate your review of our proposal to insure we have included all your wishes.
We are pleased to have the opportunity to prepare this proposal for your consideration. I will be happy to
answer any questions you might have on any aspect of this CONTRACT proposal at your convenience. Red Tail
Construction is dedicated to providing the highest level of customer service in the industry. We look forward to working
with you on your project.
Sincerely,
Steve McCullo h—Owner Red Tail Construction
11/21/2014 Contract Proposal - Page 2 of 14
Section I
of the
Contract/Proposal
for
Jerry Margolcyz
Business Conditions
BUSINESS CONDITIONS TO THIS
CONSTRUCTION CONTRACT
11/21/2014 Contract Proposal - Page 3 of 14
This Contract, dated 11/14/14 is by and between: Jerry Margolcyz 46 Foster st North Andover,MA. 01845
(Referred to as OWNER), and Red Tail Construction, 733 North Turnpike Street Unit 192 North Andover, MA
01845 (Hereafter referred to as CONTRACTOR). Work will be performed at 46 Foster st North Andover,MA.
01845 (Hereafter referred to as PROPERTY)
1. GENERAL
This CONTRACT is for the following work and materials to be performed by the CONTRACTOR on the PROPERTY address
shown above. The project is generally described as follows:
Create a new Kitchen—remove all existing cabinets and install new cabinet, cabinets supplied by customer; remove
existing kitchen floors and install new wood floors in kitchen area, patch, plaster and full coverage paint of all affected
areas. Per attached kitchen plans
2. PRICE
The total price for the WORK agreed upon is $40,272.00. Payment terms are set out below in Paragraph 6.7
3. STARTING AND COMPLETION PROVISIONS
The WORK will begin approximately in early December,2011(Subject to confirmed and firm delivery date of cabinets) and will
be completed, absent unusual or unforeseen circumstances, in late September 2011 or the middle of January 2012,
providing this CONTRACT and any related CONTRACT documents are accepted when presented. The
aforementioned dates reflect our present workload. Projects are assigned a slot in our work schedule as they are
accepted, on a first come first served basis. These dates may move based on the completion time of the project that
immediately preceded yours.
4. APPLICABLE CODES: COMPLIANCE WITH LOCAL LAW
All work to be done under this CONTRACT will be in accordance with local, state and county building code. All
home improvement contractors/subcontractors working in the state of Massachusetts must be licensed and
registered by the Bureau of Building Regulations and Standards. All inquiries concerning the CONTRACTOR
should be transmitted to that office. In Massachusetts, Red Tail Construction operates under License number
CS094338 and Registration #155649.
5. SPECIFIC REQUIREMENTS FOR MATERIALS AND WORKMANSHIP
This CONTRACT will be completed by the CONTRACTOR in a good and workmanlike manner, using quality first-class
materials.
If applicable, the CONTRACT price includes the following allowances: (See allowances under specifications).
6. PAYMENT
Timely payment by the OWNER of all sums due under this CONTRACT is of the essence to this CONTRACT. The
parties agree to the following schedule of payments:
The design fee of $1,500 was applied below;
Milestone
Payment
Upon Signing Contract
$3,800.00
Upon Cabinets ready for delivery
$9,428.00
Start of Demo of Existing Kitchen area
$4,200.00
11/21/2014 Contract Proposal - Page 4 of 14
Complete cabinet install
$8,800.00
Start wood floors
$5,200.00
Substantially Complete
$3,210.00
Completion of Punch list
$1,392.00
Included in the overall contract amount are the following ALLOWANCES: N/A—by Homeowners
The CONTRACTOR may cease operations if any payment is not made by the OWNER as required herein, and
proceed to collect any balance due through any remedy provided by law. Payments are due when the
aforementioned progress milestones have been reached. It is understood that minor adjustments to the
payments schedule may be necessary due to the flow of work or delays beyond the control of the CONTRACTOR.
7. DEFINITIONS
Substantially complete - The space or project is substantially complete when the space or project can be used for its
intended purpose and only punch list items remain.
Punch list - Work or product that has not been performed or provided. Punch list items will be agreed upon by
both the CONTRACTOR and OWNER. The OWNER requests responsibility for maintaining and approving
completed punch list items. The final payment will be subject to final inspections being completed and having
an updated occupancy permit.
Warranty item - A product or service that has been provided or performed that does not meet or exceed
industry standards.
THESE CONDITIONS MUST BE ACCOMPANIED BY THE CONSTRUCTION CONTRACT
11/21/2014 Contract Proposal - Page 5 of 14
Section II
Construction Contract
of the
Contract/Proposal
for
Jerry Morgolcyz
11/21/2014 Contract Proposal - Page 6 of 14
CONSTRUCTION CONTRACT
This Contract is by and between:
Jerry Margolcyz 46 Foster st North Andover,MA. 01845, referred to as "OWNER", and Red Tail Construction as
the "CONTRACTOR" for work at 46 Foster st North Andover,MA. 01845
1. CONTRACTOR'S DUTIES -- GENERAL
a. To direct and control the work contracted for in accordance with the terms of this CONTRACT and all
applicable codes, laws, and regulations, and as the building permits issued for this project, if any, require.
b. To inspect the site, examine the plans and specifications, if any, and supervise all of CONTRACTOR's
employees, and to direct the work of all subcontractors selected by CONTRACTOR. Should the homeowner
recommend a specific designer for the new kitchen, Red Tail will "team up" with the prospective kitchen
designer so that all dimensions, layout details, and quality of workmanship, are in keeping with the
homeowner's goals and objectives. It should be noted that the work related to this project would be completed
under Red Tail's permit and license.
c. To maintain the work site in a safe and clean condition, to the extent consistent with the CONTRACT.
d. To advise the OWNER promptly if concealed conditions are ascertained which require additional or different
work, and to proceed in such event in accordance with this CONTRACT.
e. To provide locked storage for any equipment, tools, or other PROPERTY used in the performance of this
CONTRACT, unless otherwise agreed in writing.
2. OWNER'S DUTIES -- GENERAL
a. To provide adequate utilities for the work agreed upon.
b. To advise the CONTRACTOR of any condition of the PROPERTY which affects CONTRACTOR's ability to
perform.
c. To provide secure storage areas for materials delivered to the work site. This simply means that we will ask to
store construction materials and supplies on your site—mostly in the backyard. It is recommended that we have
the ability to store some tools in the lower level of the new basement area when this area is created. When
doors, windows, cabinets, and generally anything of value, require storing on site, we'll ask if we can use the
garage bay area for temporary and a more secure storage area.
d. OWNER shall be entitled to make periodic inspections of the work site, provided such inspections do not
interfere with the work and can, in the judgment of the CONTRACTOR, be made safely. Any other entry onto
the construction site shall be at OWNER's risk.
e. OWNER shall notify his insurance agent of the execution of this agreement and obtain any necessary riders to
his current coverage or any locally customary forms of coverage, such as builder's risk, to cover OWNER's
interests and liabilities during the construction process.
11/21/2014 Contract Proposal - Page 7 of 14
f. To perform no work on the project without a written agreement with the CONTRACTOR.
g. To make no agreements with any trades person, subcontractor, or CONTRACTOR'S employees outside the
scope of this CONTRACT without the written consent of the CONTRACTOR.
3. MATERIAL SUBSTITUTION
CONTRACTOR reserves the right to substitute other materials, products and/or labor of equal or superior
quality, utility, or similar color. This simply means, for example, that if 2X10s are not available on the market,
then we'll use 2X12s. This type of flexibility in the field allows your project to continue on expected timelines
rather than stop the project and wait for a precise material to become available. There will be no attempts,
however, to use sub -standard materials or products used at any time during the scope of your project.
4. DELAY
CONTRACTOR shall not be responsible for delays caused by events beyond the control of the CONTRACTOR,
including but not limited to: strikes, war, acts of God, riots, governmental regulations and restrictions. Delays
caused by OWNER's failure to make allowance materials selections or caused by the performance by
CONTRACTOR of extras or necessary work (as described in Paragraph 6) shall likewise be excusable delays.
5. INSURANCE
CONTRACTOR agrees to maintain all necessary forms of insurance to protect the OWNER from liability for any
occurrence arising from the performance of this Contract. The OWNER requests copies of the CONTRACTOR'S
general liability insurance binders showing at least one million dollars of coverage; the binders must include the
OWNER'S names to indicate protection for the work done under this CONTRACT. CONTRACTOR agrees that he
shall cover his own employees for worker's compensation and carry general liability insurance, and that
all forms of insurance referenced herein shall be with reputable companies licensed to do business in the state
where the project is located.
6. HIDDEN. CONCEALED and UNFORESEEN CONDITIONS
a. The parties agree that in the event CONTRACTOR discovers a hidden, concealed or unforeseen condition
requiring an extra cost that they shall proceed as follows: The CONTRACTOR shall notify the OWNER verbally to
expedite agreement as to any charge necessary to correct or cure such condition, and provide a written Work
Order (as described in paragraph 7a) as soon as practicable. The parties must agree to such extra charges, or
agree to a resolution method, or this CONTRACT may be cancelled by either of them.
b. For purposes of this section, a "hidden, concealed and unforeseeable condition" shall mean a condition not
readily observable to a prudent CONTRACTOR inspecting the subject PROPERTY for the purpose of performing
this Contract. Examples of such conditions can include, but are not limited to; rot under siding; ledge below
grade; pre-existing plumbing or electrical work not performed to code and pre-existing mold.
c. Any change in the WORK required by building officials assigned to this project, including structural and/or
any environmental hazards will be billed as an EXTRA charge to this CONTRACT and paid for by the OWNER as
a Work Order. CONTRACTOR may cease operations if OWNER refuses to pay. Red Tail at a MINIMUM adheres to the
Official Massachusetts Building Code Blue Book, for all code related and acceptable building standards per the State of
11/21/2014 Contract Proposal - Page 8 of 14
Massachusetts. The local building departments are required to simply enforce those standards, yet no more than those
standards. Red Tail has not had any negative experiences in this domain, and typically confirms any ambiguous areas of a
project with the local building department prior to proceeding with construction areas that may become suspect. If any
segment or parts of your project are not completed in accordance to code, then it is Red Tails responsibility to remedy the
suspect area into code compliance. The Building License and Home Improvement Contractors License, held by Red Tail,
each ensure that Red Tail is knowledgeable with and compliant with Massachusetts State Building Codes.
7. EXTRAS
a. Any extra work or materials desired by the OWNER shall be agreed upon in writing and such extras shall
become a part of this CONTRACT as if fully set forth herein. Unless otherwise agreed, extra work shall be paid for
as performed. Failure of the OWNER to sign a change order shall not preclude recovery for any work performed
by CONTRACTOR, and acceptance of said extra work or materials shall be presumed, unless there is written
notice to the contrary.
b. CONTRACTOR shall advise OWNER, at the time of agreement on an extra, as to any additional time required
to perform this CONTRACT.
8. ESCALATION
CONTRACTOR reserves the right to pass on additional costs to OWNER resulting from the escalation of the cost
of lumber or lumber byproducts. This cost may be passed on only, if after the CONTRACT is signed but before
the construction commences, an increase in lumber costs is experienced. The CONTRACTOR must substantiate
the change with evidence of the difference between lumber costs at the time of the CONTRACT and lumber
costs at the time of construction. Only direct cost differences may be passed on, no allowances for overhead
and profit shall be included. Any additional costs will be collected per Work Order (as described in paragraph 7a.).
9. EXCESS MATERIALS ON SITE
CONTRACTOR routinely stores extra materials on site to improve efficiency and reduce the likelihood of running
out of stock in the middle of a task. Unless otherwise specified in writing all excess materials on site at the end
of the project are the PROPERTY of CONTRACTOR.
10. SUBCONTRACTORS
a. CONTRACTOR shall select subcontractors as required to complete this CONTRACT. OWNER acknowledges that
subcontractors will do various portions of the work. Any subcontractor selected by the CONTRACTOR shall
have all requisite licenses for the work to be done by such subcontractor.
b. It shall be the duty of the CONTRACTOR to use reasonable care in the selection of subcontractors. Absent
objectionable performance by any subcontractor, the selection of subcontractors shall be an exclusive right of
the CONTRACTOR. The CONTRACTOR shall require all subcontractors to have workman's compensation and
liability insurance in force.
c. CONTRACTOR shall pay subcontractors in a timely manner and obtain from subcontractors any necessary
documentation required to release their liens, if any, as the work proceeds. Red Tail will provide the
homeowner with copies of lien releases.
r
11/21/2014 Contract Proposal - Page 9 of 14
11. TERMINATION AND CANCELLATION
The CONTRACTOR may terminate and cancel this CONTRACT if any payment called for hereunder is not received
as scheduled, provided that notice is given to the OWNER as provided below. Upon such termination, the
CONTRACTOR shall have all remedies provided by law, including such lien rights as then apply.
The OWNER may terminate this CONTRACT upon the following conditions:
a. Failure of the CONTRACTOR, or his subcontractors, to pursue the work contracted for, absent excusable
delay, as provided in Paragraph 4 above, for a continuous period of fourteen seven (147) days, without
a written agreement permitting same, such agreement may be satisfied by a single notation to this CONTRACT.
b. Failure of the CONTRACTOR to rectify any condition for which building code enforcement authority has issued
a citation of violation notice, within fourteen seven (147) days notice of such violation, unless OWNER
and CONTRACTOR otherwise agree.
c. Any other failure to perform this CONTRACT required by the terms of this CONTRACT.
d. No termination shall be effective unless 10 5 days notice of OWNER's intent is given as required below,
during which time the default may be cured by the CONTRACTOR.
e. Deposit monies - Cancellation of this CONTRACT prior to the commencement of work shall result in the
forfeiture of any and all deposit monies collected. All deposits are non-refundable. The parties hereby agree
that upon such cancellation, the CONTRACTOR shall suffer damages including but not limited to the cost
associated with designing and preparing the project for commencement.
f. You may cancel this agreement by observing the requirements of The Notice of cancellation you have
received. Red Tail will at contract signing provide you with a Notice of Cancellation document. This gives you a
3 -day right of resceission period should you change your mind after signing the contract.
g. If a dispute arises out of or is related to this Contract, or the breach thereof, the parties shall endeavor to
settle the dispute first through direct discussions. If the dispute cannot be settled though direct discussions, the
parties agree the dispute shall be settled by arbitration administered by the American Arbitration Association
under its Construction Industry Arbitration Rulesa mutually agreeable Alternate Dispute Resolution provider;
absent agreement to an ADR provider, the American Abitration Association will be used. In the event that
arbitration is necessary, the parties agree that arbitration proceedings shall be conducted by a mutually
agreed on arbitrator in Middlesex County, Massachusetts. If the parties cannot agree on an arbitrator,
either party may file a written demand for arbitration in accordance with the rules of the American
Arbitration Association. The arbitration award shall be final and judgment on the award may be entered in
any court having jurisdiction thereof. This CONTRACT shall be governed and interpreted in accordance with the
laws of the State of Massachusetts. The parties acknowledge that this agreement to arbitrate shall be
governed the Massachusetts Statutes- MGL c. 142A. Either party may, without waiving any remedy under this
CONTRACT, seek from any court having jurisdiction any interim or provisional relief that is necessary to protect
the rights or PROPERTY of that party, including but not limited to the right to seek liens or attachment. The
prevailing party in any dispute arising out of or relating to this CONTRACT or its breach that is resolved by a
11/21/2014 Contract Proposal - Page 10 of 14
binding dispute resolution process shall be entitled to recover from other party reasonable attorneys' fees, costs
and expenses incurred by the prevailing party in connection with such dispute resolution process.
Jer argolcyz
Steve McCullough Owner Red Tail Construction
Notice: The signature of the parties above constitutes an acknowledgement of the agreement between
the parties to alternative dispute resolution. Massachusetts consumers may have the right to initiate
alternative dispute resolution even where this section is not signed bythe parties.
h. Unless otherwise agreed in writing, CONTRACTOR shall continue the WORK and maintain the agreed work
schedule during any dispute resolution proceedings. If CONTRACTOR continues to perform, Owner shall
continue to make payments in accordance with this Contract.
12. ENVIRONMENTAL HAZARDS
a. The CONTRACTOR is NOT responsible for the inspection, discovery, abatement or removal of any
environmental hazard including, but not limited to: asbestos; mold; lead; radon; ground water or environmental
pollution at the work site, unless specifically covered in the specifications.
b. In the event that any hazardous material is discovered during the course of construction, the testing,
abatement and/or removal shall be shall be the sole responsibility of the OWNER.
c. Any additional costs incurred on account of suspension of the construction or changes to the specifications
due to a hazard or its removal are the responsibility of the OWNER and will be handled by a Work Order.
d. In the event that work does not resume within 30 days of the stoppage, OWNER agrees to immediately pay the
CONTRACTOR the pro ratedpro-rated amount of the CONTRACT price applicable to work done up to that point
pursuant to the Contract.
WARRANTY
OWNER warrants that as of the date of this CONTRACT: (1) the PROPERTY (including the land, surface water, ground
water, and improvements to the land) is, and will continue to be, free of all contamination, including (a) "oil, petroleum
products, and their by-products" (b) any "hazardous waste" as defined by the Resource Conservation and Recovery Act of
1976, as amended from time to time, and regulations promulgated thereunder; (c) any "hazardous substance" as defined by
the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, as amended from time to time, and
regulations promulgated thereunder, specifically including asbestos and mold; and (d) any other "hazardous substance" (2)
the PROPERTY is in compliance with all environmental laws and regulations; and (3) there are no underground tanks on the
PROPERTY
INDEMNITY
OWNER expressly acknowledges and agrees that it will reimburse, defend, indemnify and hold harmless CONTRACTOR, all
Sub -contractors, their successors, assigns and employees from and against any and all liabilities, claims, damages,
11/21/2014 Contract Proposal - Page 11 of 14
penalties, expenditures, losses or charges (including, but not limited to, all costs of investigation, monitoring, legal fees,
remedial response, removal, restoration or permit acquisition) which may, now or in the future, be undertaken,
suffered, paid, awarded, assessed, or otherwise incurred as the result of:
(a) any contamination, existing in, on, above or under the PROPERTY (including, but not limited to, contaminated soil,
mold, buildings, facilities and/or ground water);
(b) any investigation, monitoring, clean up, removal, restoration, remedial response or remedial work undertaken on the
PROPERTY; and
(c) OWNER'S breach of any warranty given herein.
13. WARRANTIES
a. The work of the CONTRACTOR, including materials and labor, shall be under warranty for a period of one two
(21) years, during which period CONTRACTOR shall at its own expense correct any defect arising from its work
unless it is a non -warrantable condition. The warranty period begins at the end of the Completion of Punch list
stage.
b. Any and all warranties for appliances or mechanical systems shall be delivered to OWNER as the
CONTRACTOR receives them.
c. Notwithstanding any manufacturer's warranty of any component, appliance, or system, no action may be
brought against the CONTRACTOR on this CONTRACT for the performance of this work, except as provided
above.
14. SEVERABILITY
If any portion of this agreement is found invalid or unenforceable by any court, the remaining provisions shall
remain in force between the parties.
15. ENTIRE AGREEMENT
This CONTRACT consists of the documents defined herein, and constitutes the entire agreement of the
parties. It can be modified only by a written document. OWNER acknowledges that he has read and received a
legible copy of this agreement signed by CONTRACTOR, before any work was done, and that he has read and
received a legible copy of every other document that OWNER has signed during the negotiation of this Contract.
SUBMITTED:
DATE: ! 2�
Steve McCullough
Red Tail Construction
ACCEPTED:
— ( Q Tt� %�,� �_Y
Jerry Margdkyz
DATE: �'� i2° ►tet
11/21/2014 Contract Proposal - Page 12 of 14
Section III
Attached Booklet I
to the
Contract/ Proposal
for
Jerry Margolcyz
job Specifications
11/21/2014 Contract Proposal - Page 13 of 14
f
10-16-2014 Jacque and Je –Kitchen Remodel
j
Segmented
Item Description
Pricing
Dumpster on site, Demo largely to be completed by Jerry; Red Tail will still need to be involved much of the demo work
—open walls, window areas, door areas, stair balusters; There is a savings passed to the customer for participating in
the demo. All debris removed from site.
$2,050
Permits -plans
$2,250
Install new wide -plank style pine floors in kitchen, install open balusters in the mudroom for the stair area, create a
framed in floor area in the mudroom and install new insulation throughout this space; The wide plank floors will be
purchased by the homeowner directly and they well be pre -finished and they will require square hand nailing throughout-
hroughoutWe
Wewill cut and insta8 the same planking as treads for the stairs areas. We will also resupport the front entrance posts
when the new pad is installed -will require concrtete piers forlong term structural support below frost line.
$7,490
Install new triple muffed double hung windows over the kitchen sink -per discussions; install new front triple mulled
double hungs, install new front door, install a new back door, and create new larger cased openings into the front room,
the pack room, and create an enlarged cased opening bewtween the new kitchen and the new mudroom—install a
beam per discussions that will be supplied by the homeower—we will post it at each end of the beam as we discussed
on site. all of this style and architecture will be in keeping with the existing country style and appeal of the e)dsting
structure. All exterior siding will be to match the existing–hardi planks preprimed at the factory. AZEK trims to match as -
w611 --wrap front posts of pergola
$7,0§0
Install qty 17 new recessed lights, dimmers. All electrical included for GFI outlets and outlets per code, ail plumbing
included for gas stove and for the new sink and dishwasher, installation of a new kick spacer heater ifii& kitchen, and
new high efficiency baseboard heaters as required.
$5,940
Installation of new tiles throughout the new mudroom
$1,390
Allowances for new tiles in mudroom
$680
Installation of all new kitchen cabinets and installation of all new window trims, door trims, cased opening trims, crown
moldings throughout, baseboards, install new hood and vent; biueboard and skim coat throughout affected areas
$9j942
Granite supplier to be determined.
Cabinets through Pam
Windows through Pam
Allowance for front door with side light
$850
Allowance for back door
$550
Allowance for new granite landing area at front door.–posts seated on landing pad
$750
Back room just patch in the affected wall areas. paints and trims TBD at another time in this room
$500
Project Total:
$40,272
The Commonwealth ofMassachusetts
Department o, f InrlustYigl Accidents
Office of Investigations
IF 600 YVashington. Street
Boston, .M 02111
www mass gov/dia
` Qrkers' Compensation Imurance Affidavit: Builders/ContractorsIF ecticicianslPlumbers
A)team Information. Please Print; Le 'bl
LlTjatne (Business/Organi'zaiionLCndividual): U►^ L 0
Address: n,S (� "�
r; Tic+afPl�,n� A) _ �? In b f, V� 1, Phone #: 9 1 U — � L 3 J 14 3�.
Are you an employer? Check the appropriate box:
1 I am a employer with _
4. 0 I am a general contractor and I
10 ees lulland/or axi time} *
employees p
em (
have lured the sub -contractors
listed on the attached sheet'
2. ❑ I am a sole proprietor or partner-
ship and'have no employees
These sub -contractors have
working .forme in. any capacity.
workers' comp. insurance.
5. ❑ We are a corporation and its
[No workers' comp. insurance
officers have exercised their
required.]
3. ❑ I am a homeowner doing all work
right of exemption per MGL
myself. [No workers' comp.
c. 152, § 1(4), and we have no
. U7o
employeesworkers'
insurance required.] ?
comp. insurance required.]
Type o£project (required):
6. ❑ New construction
1.�Q'Remodeling
8. �DemalitionC�.�o1�-i-S
9. ❑ Building addition
10.❑ Electrical repairs or additions
11.❑ Plumbing repairs or additions
12.❑ Roofrepairs
13.❑ Other
,Any applicant that checks box#1 must also fill outthe section below showing their workers' compensation policy information.
I "Homeowners who submit this affidavit indicating they are doing all work and then hire outside contractors must submit a new affidavit indicating such.
?Contractors that checkthis box must attached an additional sheet showing the name of the sub -contractors and their workers' comp. policy information.
I am an employer that is providing workers' compensation insurance for my employees. Below is thepolicy and jab site
information.
Insurance Company Name: biAt ULA ( 6
Policy # or Self -ins. Lic. #:_ �n I !'1 ExpirationDate: 2U
Job Site Address: k City/State/Zip: NS6141-p,( MR,
Attach a copy of the workers' compensationpolicy declaration page (showing the policy number and expiration date).
Failure to secure coverage as tequiredunder Section 25A of MGL c.152 can lead to the imposition of criminal penalties of a
fine up to $1,500.00 and/or one=year imprisonment, as well as civil: penalties in the form of a STOP WORD ORDER.. and a tine
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.
I do Hereby certify under the pains and
that the information provided above is true and correct.
rata. /112/.1/4
Official use only. Do not write in this area, to be completed by city or town of "cial.
City or Town: . Permit/License #
Issuing Authority (circle one):
1. Board of Health 2. Building Department 3. City/Town Clerk 4. )Electrical Inspector 5. Plumbing Inspector
6. Other - - -
Contact Person' I Phone
Information and Instructions
Massachusetts General Laws chapter 152 requires all employers to provide workers' compensation for their employees.
Pursuant to this statute, an employee is defined as "...every person in the service of another under any contract ofhire,-
express or implied, oral or written."
An employer 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•decoased employer, or the
receiver or trustee of an individual, partnership, association or other legal entity, employing employees. However the
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."
I '
MGL chapter 152, §25C(6) also states that "every state or local licensing agency shall withhold the issuance or
renewal of a license or permiUo operate a business or to construct buildings in the commonwealth for any
applicant who has not produced.acceptable evidence of.conipliance with the insurance coverage required."
Additionally, MGL chapter 152, §25C(7) states "Neither the commonwealth nor any of its political subdivisions shall
enter into any contract for the performance of public work until acceptable evidence of compliance with the insurance
requirements of this chapter have been presented to the contracting authority."
Applicants
Please fill out the workers' compensation affidavit completely, by checking the boxes that apply to your situation and, if
necessary, supply sub -contractors) name(s), address(es) and phone number(s) along with their certificate(s) of
insurance. Limited Liability Companies (LLC) or Limited Liability Partnerships (LLP) with no employees other than the
members or partners, are not required to carry workers' compensation insurance. If an LLC or LLP does have
employees, a policy is required. Be advised that this affidavit maybe submitted to the Department of Industrial
Accidents for confirmation of insurance coverage. Also be sure to sign and date the affidavit. The affidavit should
be returned to the city or town that the application for the permit or license is being requested, not the Department of
Industrial Accidents. Should you have any questions regarding the law or if you are required to obtain a workers'
compensation policy, please call the Department at the number listed below. Self-insured companies should enter their
self-insurance license number on the appropriate Eno.
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 sill in the permit/license number•whichwill be used as a reference number. In addition, an applicant
that must submit multiple permit/lioense applications in any given year, need only submit one affidavit indicating current
policy information (ifnecessary) and under "Job Site Address" the applicant shouldwrite "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 provided to the
applicant as proof that a valid affidavit is on file for future p ermits or licenses. Anew affidavit must be filled out each
year. 'Where a home owner or citizen is obtaining a license or permit not related to any. business or commercial venture
(i.e. a dog license or permit to burn leaves etc.) said person is N'OT required to complete this affidavit.
The Office of Investigations would like to thank you in advance for your cooperat oii and should you have any questions,
please do not hesitate to give us a call.
The Department's address, telephone anal fax number:` _
T'hQ Commonwealth, of -Mo
Departmoaat of kdwWal .A ccldonts
Offi':ce offavestigaMm
6.00: Waft&ji ftost
Boston, MA 02111
Tel, # 61,7-22.7-4900 QA 406 ox 1-877- ASSAFE
Revised 5-26-05 Fax # 617-727-7M
-Www'..Mass,g4v1cl!a
AGORt , CERTIFICATE OF - UABILITY INSURANCE
1MCMIRCA7EftwSASAYA3fEROF CMYAMiiOR1�11510'ON'if0:-:-------
. :A7E ODS NOT A�A3itl6,.Y OR N66ATfYELYA�. EICIL-� OR Ai7FRitE t3 -�`�`P
gg�pW_ MaC�CATE{ �DO$MCONSUnMA� THE AifiHOR�
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>Ct'!RI RAM HOLDER CANCf31AT70ti : -
FAX: ,67.7 955.S313 - stasomtroF a SECANCELLED
• �tw��oaa�a�eEot>MEMEDa
waM�t'or.R.v-
Jerry Margocycz
46 Foster st
Worth Andover, MA. 01845. ih"il inn fGe -_
..n�nc AN ritBRS teserwred-
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