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Home My WebLink AboutBuilding Permit #273-14 - 46 SHANNON LANE 9/24/2013 TOWN OF NORTH ANDOVER 2 APPLICATION FOR PLAN EXAMINATION Permit NO: 7 Date Received Date Issued: ii� PORTANT: Applicant must complete all items on this page LOCATION Print PROPERTY OWNER Print 100 Year Old Str cWre yes no MAP NO/- ARC ZONING DISTRICT: Historic District yes n Machine Shop Village yes no TYPE OF IMPROVEMENT PROPOSED USE Residential Non- Residential ❑ New Building ❑ One family ❑Addition ❑Two or more family ❑ Industrial ❑Alteration No. of units: ❑ Commercial ❑ Repair, replacement ❑Assessory Bldg ❑ Others: ❑ Demolition ❑ Other El Septic ❑Well ❑ Floodplain ❑Wetlands ❑ Watershed District ❑Water/Sewer E}5C IPTION OF WORK TO BE PERF RMED: �ql � C I Identifi at�PIT p1rint learly) OWNER: Name: LL�, Lt Phone: Address: tia-v-s— CONTRACTOR Name: ��c �� ( Phone: ( � Address: Supervisor's Construction License: Y356 Exp. Date: Home Improvement License: Exp. Date: /rs- ARCH l " Phone: Address: Reg. No. FEE SCHEDULE.BULDING PERMITT:$12.00 PER$1000. THE TOTAL ESTIMATED COST BASED ON$125.00 PER S.F. Total Project Cost: $ co FEE: a —J606 $ Check No.: Receipt No.: d NOTE: Persons contracting ith unregistered contractors do not have access to the guaranty fu nature of Agent/Owner Signature of contracto Plans Submitted ❑ Plans Waived ❑ Certified Plot Plan ❑ Sta wed Plans ❑ Plans Submitted Plans Waived ❑ Certified Plot Plan ❑ Stamped Plans ❑ TYPE_OF--SEWERAGEDiSPOSAL Public Sewer ❑ Tanning/Massage/BodyArt ❑... Swimming Pools ❑ Well ❑ Tobacco.Sales ❑ Food Packaging/Sales ❑ Private(septic tank,etc.. ❑ . Permanent Dumpster on Site ❑ THE FOLLOWING SECTIONS FOR OFFICE USE ONLY INTERDEPARTMENTAL SIGN OFF - U FORM DATE REJECTED DATE.APPROVED PLANNING & DEVELOPMENT ❑ ❑ COMMENTS -CONSERVATION Reviewed on Signature COMMENTS HEALTH Reviewed on Signature COMMENTS 'h M � � 1 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 To`d � Engineer: Signature: Located 384 Osgood Street FIRE DEPARTMENT -Temp Dumpster on site yes no Located-at 124 Mair Street -Fire Departine►it signature/date` COMMM.ENTS -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 NOTES and DATA— For department use EI Notified for pickup - Date E i i ! Doc.Building Permit Revised 2010 Building Department The fol;,3wing is a-list of the required forms to be filled out for the appropriate.permit to be obtained. Roofing, Siding, Interior Rehabilitation Permits ❑ Building Permit Application ❑ Workers Comp Affidavit ❑ Photo Copy Of H.I.C. And/Or C.S.L. Licenses ❑ Copy of Contract ❑ Floor Plan Or Proposed Interior Work ❑ Engineering g eering Affidavits for Engineered products NOTE: All dumpster.permits require sign off from Fire-Department prior to issuance of Bldg Permit Addition Or Decks ❑ Building Permit Application ❑ Certified Surveyed Plot Plan ❑ Workers Comp Affidavit ❑ Photo Copy of H.I.C. And C.S.L. Licenses ❑ Copy Of Contract ❑ Floor/Crossection/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 cans if a variance or special permit was required the Town Clerks office must stamp the decision from the Board of Appeals that the apn•,al period is over. The applicant must then get this recorded at the Registry of Deeds. One copy and proof of recording must be submAted with the building application lication Doc: Doc.Building Permit Revised 2012 . Location 6 h Oki No. Date . - TOWN OF NORTH ANDOVER IM Certificate of Occupancy t. - Building/Frame Permit Fee Foundation Permit Fee Other Permit Fee $ TOTAL $ Check# - J Building Inspector Enter construction cost for fee cal - North Andover Fee Cakulation Construction Cost $ 68,625.00 m $ - $ 823.50 Plumbing Fee $ 102.94 Gas Fee 100 comm. $ 100.00 Electrical Fee $ 102.94 Total fees collected $ 1,129.38 46 Shannon Lane 273-14 on 9/23/13 Kitchen Remodel RED TAIL CONSTRUCTION CONTRACT PROPOSAL Prepared for: Lisa and Geoff Plume 46 Shannon Lane North Andover, MA 01845 9/24/2013 Contract Proposal-Page 1 of 14 Lisa and Geoff Plume 46 Shannon Lane North Andover, MA 01845 Dear Lisa and Geoff, 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 II 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 111) of the items which are included in your project. The specifications form the heart of any construction CONTRACT and we askthatyou 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 McCulloug —Owner Red Tail Construction 9/24/2013 Contract Proposal-Page 2 of 14 Section I of the Contract/Proposal for Lisa and Geoff Plume Business Conditions 9/24/2013 Contract Proposal-Page 3 of 14 BUSINESS CONDITIONS TO THIS CONSTRUCTION CONTRACT This Contract, dated 5/22/13 is by and between: Lisa and Geoff Plume 46 Shannon Lane 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 Shannon Lane 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 newly remodeled kitchen area; New kitchen cabinets,Refinished wood floors in the Kitchen,Dining Room,Foyer,Living Room,Office, back hall,and Stair Treads; all work per the design,the kitchen plan,and per specifications listed at the end of this contract.The CONTRACT consists of this document, any plans,the specifications, and the Construction Contract.(Hereafter collectively referred to as the"CONTRACT") 2. PRICE The total price for the WORK agreed upon is $68,795.00 (includes the allowance for the kitchen cabinets per the most recent designs—will be confirmed/tweaked prior to ordering the cabinets,this amount also includes the additional wood floor areas— treads,office,and living room;there was$2,650 that has been deducted from the contractors labor as they are now not creating a cabinet for the bench area because that is included as an ordered cabinet,$540 included for French door,and$780 labor plus $350 allowance for laundry floors). Payment terms are set out below in Paragraph 6. 3.STARTING AND COMPLETION PROVISIONS The WORK will begin in Iate013 (subject to permit approval, and cabinets being ordered so that delivery coincides with the remodeling of the kitchen area,and will be completed,absent unusual or unforeseen circumstances, by no later than the very beginning of teftmber 2013 (goal is to complete earlier than this timeline but this project will be completed before the school year begins in any case, 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, but not significantly. 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. S.SPECIFIC REQUIREMENTS FOR MATERIALS AND WORKMANSHIP This CONTRACT will be completed by the CONTRACTOR in a good and workmanlike manner, using first-class materials. If applicable,the CONTRACT price includes the following allowances: (See allowances under specifications). 9/24/2013 Contract Proposal-Page 4 of 14 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: Milestone Payment Upon Signing Contract and ordering new cabinets $17,850.00 Upon Start of Demo $9,900.00 Upon Delivery of Cabinets $15,850.00 Upon Start Installing New Cabinets $9,950.00 Upon Templating for new solid surface counter tops $6,920.00 Substantially Complete Project $5,900.00 Upon Completion of Punch list $2,425.00 Included in the overall contract amount are the following ALLOWANCES: a. Kitchen cabinets $29,940.00 b. Solid surface tops for kitchen: $4,300.00 (Possibly Soap Stone) c. Tiles for backsplash: $770.00 d. Kitchen Sink(s) plus faucet(s): $1,450.00 (includes small island sink/faucet) e. Anderson triple mulled with transom above: $1,860.00 f. Interior Hinged French Door $340.00 g. Laundry tile materials $350.00 Note: if selections made exceed or come in lower than the Allowance amounts we will ask for the difference at the time selections are confirmed; a credit will be issued if purchases come in lower than the allowance amounts. 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. 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 9/24/2013 Contract Proposal-Page 5 of 14 Section II Construction Contract of the Contract/Proposal for Lisa and Geoff Plume 9/24/2013 Contract Proposal-Page 6 of 14 CONSTRUCTION CONTRACT This Contract is by and between: Lisa and Geoff Plume, referred to as"OWNER", and Red Tail Construction as the "CONTRACTOR" for work at 46 Shannon Lane 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. 9/24/2013 Contract Proposal-Page 7 of 14 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. 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 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 sub-standard materials or products used at any time during the scope of your project. This refers to "typical"construction materials (2x4s, 2x8s, etc) and is not referring to special order items(cabinets,granites,etc.) 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. S. 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. 9/24/2013 Contract Proposal-Page 8 of 14 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 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. 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. 9/24/2013 Contract Proposal-Page 9 of 14 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. 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 () 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 (14) days notice of such violation, unless OWNER and CONTRACTOR otherwise agree. c.Any other failure to perform this CONTRACT required by the terms of this CONTRACT. d. No termination shall be effective unless 10 days notice of OWNER's intent is given as required below, during which time the default may be cured by the CONTRACTOR. e. Deposit monies-Cancellation of this CONTRACT prior to the commencement of work shall result in the forfeiture of any and all deposit monies collected. All deposits are non-refundable. The parties hereby agree that upon such cancellation, the CONTRACTOR shall suffer damages including but not limited to the cost associated with designing and preparing the project for commencement. f. You may cancel this agreement by observing the requirements of The Notice of cancellation you have received. Red Tail will at contract signing provide you with a Notice of Cancellation document. This gives you a 3-day right of rescission 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 a mutually agreeable Alternate Dispute Resolution provider; absent agreement to an ADR provider, the American Arbitration 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 jydgment 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 9/24/2013 Contract Proposal-Page 10 of 14 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 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. Lisa and Geoff Plume 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 by the parties. h. Unless otherwise agreed in writing, CONTRACTOR shall continue the WORK and maintain the agreed work schedule during any dispute resolution proceedings. If CONTRACTOR continues to perform, Owner shall continue to make payments in accordance with this Contract. 12. ENVIRONMENTAL HAZARDS a. The CONTRACTOR is NOT responsible for the inspection, discovery, abatement or removal of any 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-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 9/24/2013 Contract Proposal-Page 11 of 14 OWNER expressly acknowledges and agrees that it will reimburse,defend, indemnify and hold harmless CONTRACTOR,all Sub- contractors, their successors, assigns and employees from and against any and all liabilities, claims, damages, penalties, expenditures, losses or charges(including, but not limited to,all costs of investigation, monitoring,legal fees,remedial response, removal, restoration or permit acquisition) which may, now or in the future, be undertaken, suffered, paid, awarded, assessed,or otherwise incurred as the result of: (a) any contamination, existing in, on, above or under the PROPERTY (including, but not limited to, contaminated soil, mold, buildings, facilities and/or ground water); (b) any investigation, monitoring, clean up, removal, restoration, remedial response or remedial work undertaken on the PROPERTY; and 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 (1) year, 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: Steve McCullough Red Tail Construction ACCEPTED: DATE:r3 Lisa and Geoff Plume 9/24/2013 Contract Proposal-Page 12 of 14 Section III Attached Booklet I to the Contract/Proposal for Lisa and Geoff Plume job Specifications 9/24/2013 Contract Proposal-Page 13 of 14 The specfications below outline your entire project as priced in this proposal.If there is work that you want performed and it is not listed in this proposal it is not included and you have not paid for it in the contract price. Please review these specifications carefully. Client initials Scope of Work: Scope of Work Specifications 5-15-13 Designs for new proposed kitchen included, permits included, electrical for updating GFI outlets as required per code, update the existing recessed lights to have smaller white trim kits for the existing recessed lights, add recessed as required—up to 6 more in the kitchen; relocate the existing lights as required per the design; add up to a qty 3 pendant style lights over island and potentially one over the sink area; under cabinet lighting included; includes all connections for new appliances and all appliance installations (appliances and light fixtures not included, but installation is). Relocate the switches per discussions at the new fridge area—part will be installed into the cabinet area. Also included is the plumbing drains, feeds, and vents for installing a new island sink. Dumpster on site and remove all existing cabinets; all debris removal and all demo included—remove floor stiles at back hall area; remove tiles in the laundry are and new flooring installed here; Install hardwood floors to match existing hardwood floors; sand and polyurothane clear 3 coats in back hall, the entire kitchen, front dining room, living room, office, foyer, and treads leading to the second level---includes dust protection, relocating furniture as required, clean up. Allowances for this project are stated on page 5 of this contract. Includes removing the kitchen baseboard heaters at the existing bench area and at the area where the new refridgerator will go; includes installing a new forced hot water kick space heater at the new bench area. This new kick space heater will sized so that at a minimum the existing linear feet of baseboard that is removed, will be covered by the new kicks ace heater unit. New Anderson style windows at bench area--includes fully mulled triple casement style with transom above. Install a new interior single hinged French Style door leading to the office. Full coverage preparation and painting of all kitchen walls, ceiling, and trim Installation of all new cabinetry, remove old window and install the new window with transoms--weather seal and full insulation as required around new window; installation of new tiled backsplash throughout the new kitchen counter areas; installation of new sink and faucet ; new crown and trim at new window. 9/24/2013 Contract Proposal-Page 14 of 14 dl-liea?�ii�za�icve�r�l�a/c�as�iclicecGh Office of COnSLmei,Affairs&Business Re;ulatien f_POME IMPROVEMENT CONTRACTOR e6istration: 155649 ,' Type:. xpiration: . 4/30/2P15 _�n " STEPHEN MC CULLOUGH, Idivid0al STEPHEN MC CULLOUGH 733.TURNPIKE STREET NO ANDOVER, MA 0 i 45 Undersecretary Massachusetts -Department of Public S Board of Buildinga Regulations and Standards Construction Supcn icor License: CS-094338 STEPHEN A MCCOLLOUGH 733 TURNPIxE ST U-1 1� NORTH ANDOVER MA 0185 Expiration Commissioner 09/08/2015 ACORQ. CERTIFICATE OF LIABILITY INSURANCE 0.?J01�20'!3 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIHCATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND,EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSITTUTE A CONTRACT BETWEEN THE ISSUING INSURERS} AUTHORIZED. REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER IMPORTANT: 9 the certificate holder an-AMMM INSU ,Ow poffcy(ies)must be endorsed. IISUBROGATION 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 tYllt� New England Heritage Insurance Agency Group, Inc. 781.438.5000 781.438.5028 33S Nain Street ADDIMM Stoneham, NA 02180 NAICO DMU RER A: National .Grange'Mutual 14788 HOURM McCullough, Steve nrsuRERB: Travelers Indemnity Co. 2S6S8 DBA: Red Tail Construction C: 733 Turnpike St. Unit 192 BISiRRER D: North Andover, NA 01845 84S1R E R E: RIFF' - COVERAGES CERTIFICATE NUMBER:Master 12-13 REVISION NUMBER: THIS IS TO CERTIFY THAT THE PO ES OF INSURANCE LMED BELOW HAVE BEEN ISSUED TO THE IwuRED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REOUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCtAIE IT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED 6Y THE POLICIES DESCRIW I.I,S_SMF-CT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CdrQINIRy. LTR TOF LVSURANCE POLICY NL"ER LIMITS YPE GENERJU,LLABILATY NP3103M 1 7f3/2013 07111112M. JW S 1000, X COMMERCIAL GENERAL LIABILITY - (ice aeonenee $ 500,004 CiAWSMWEXlOCCUR (MY G ►) $ Ss A X Addtl Insd with :4jW4M&SADVINAW $ 1,000,0 na written contract ALAGGREGATE $ 2,000, GEM AGGREGATE LHATAPPUESPER: VR%OUCIS-COIFIOPAGG $ 2,000, POLICYXP& LOC $ AUTOYDBI-E LIABILITY d $ ANYAUrO BODRYfNJ<!RY{Iierpesaan) $ ALLOWNED SC+EMRM BODILYINJURYWanWat) S AUTOS AUTOS I N( NIB)HNIEDAUTOS AUTOS $ i UriBRE3tAt7AB OCCUR EACHOCCURR)9ICE S E6 I= � A6CGATE S DED I I wMM'w% S VfORllsRS COMPENSATION 61W80607N76-4- 4M=13 4/9/2414 . TORY ubtrs et ANDEiPLOYOWL114BLIFY YIN ANY PROPRIETORIPARnURIEXM NIA EL iFACIR ACCR7BQT $ S00 B O Cl RI�d0 DCCLLIDED? - — ELOfSEASE-EA $ S00, PRUNWNI)('SCRlPrKltfOF OPERATIONS below wder ELDfSEASE-POUGYt 9T S SMO, DESCRErFMNOFOPERATNMILOCATXMIVBKX,ES(AtlacAAGURDIOLAdddmml SdmdafeffmOmsPwftisRqtdrG9 >Ientry bject to the terms, conditions, endorsements and exclusion on the policY. Ze rtificate Holder is listed as an additional insured with written contract _ CEFnnFICATE HOLDER CANCELLATION FAN(: 617.965-5313 sNouLD ANY of TtiEAIiOVE oEscrMW POL/C$ES BE cnNcELt.ED BEFORE TIE EXPRATM DATE THEREOF.NOTICE YliM BE DEt1VEFEB W ACCOiiDANCE WITIR TRE POLICY PROVISIONS_ Lisa Plume AVnWRMM REIPRESMAWa 46 Shannon Rd Worth Andover,MA 01845 lVilliaw Kell - O 1988-21"0 ACORD CORPORATION. All rights reser"d. ACORD 25(2010105) The ACORD name and logo are registered marks of ACORD The Commonwealth of Massachusetts - Department oflndustriglAccidents Office of Investigations 600 Washington Street Boston,MA.02111 www.mass gov1dia Workers' Compensation Insurance Affidavit:Builders/Contractors/ElectritciansfrIumbers Alicant Information Please Print wLeg ibl �j e_� r Name(Business/0rgani'zationftdividual): � Address: 733 City/State/Zip: Ac Phone#: 9 v 2- 7 re u an employer?Check the appropriate box: Type of project(required): 1. I am a employer with 4. ❑ I am a general contractor and I 6. EJ Now construction 10 ees full and/or art-'time .� have hired sub-contractors p Y p ) 7. Remodeling e 2.❑ T am a sole proprietor or partner- listed on the attached sheet. These sub-contractors have 8. Demolition ship and'have no employees -, eq to working for me in any capacity. workers'comp.insurance. 9. El Building addition [No workers'comp.insurance 5. [] We are a corporation and its 10.❑Electrical repairs or additions required.] officers have exercised their 3.❑ I am a homeowner doing all work right of exemption per MGL I LE]Plumbing repairs or additions myself. [No workers'comp. c. 152,§1(4),and wehave no 12,0 Roofrepairs insurance required.] employees.[No workers' q a:. 13.0 Other comp.insurance required.] 'Any applicant that checks box#I must also ill out the section below showing their workers'compensation policy information. I Homeowners who submit this affidavit indicating they tie doing all work and then hire outside contractors must submit a new affidavit indicating such. tContractors that check this b ox 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 employeeg. Below is the,policy and job site information. ,( Insurance Company Name: is Expiration Date: Policy#or Self ins.L .#. Job Site Address: Pity/state/Zip� � � � Attach a copy of the workers'compensation policy declaration page(showing the policy number and expiration date). Failure to secure coverage as requiredunder 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-WORK ORDER and a fine of up to$250.00 a day against the violator. Be advised that a copy of this statement maybe forwarded to the Office of 'Investigations of the DTA for insurance coverage verification. Ido hereby certlJy under tli ains penalties ofperjury that the information providedab ve is true ndcorrect. Simature: Date: Phone#: 2 7 _?— Y317 Official use only. Do not write in dais area,to be completed by city or town official. City or Town' Permit(License# Issuing Authority(circle one): 1.Board of Health 2.Building Department 3.CitylTown Clerk 4.Electrical Inspector 5.Plumbing Inspector 6.Other - - . - Phnnt>df• Information and Instructiolms Massachusetts General Laws chapter 152 requires all employers to provide workers'compensation for their employees. Pursuant to this statute,an employee is defined as"...every person in the service of another under any contract of hire,• express or implied,oral or.written." An employer is defined as"an individual,partnership,association,corporation or other legal entity,or any two or more of the foregoing engaged in a joint enterprise,and including the legal representatives of a deceased employer,or the receiver or trustee of an individual,partnership,association or other legal entity,employing employees. However the owner of a dwelling house having notmore than three apartments and who resides therein,or the occupant of the dwelling house of another who employs persons to do maintenance,construction or repair work on such dwelling house or on the grounds or building appurtenant thereto shall not because of such employment be deemed to be an employes." MGL chapter 1.52,§25C(6)also states that"every state or local lic$nsing 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 not produced.acceptable evidence of compliance with the insurance coverage required." Additionally,MGL chapter 152,§25C(7)states"Neither the commonwealth nor any of its political subdivisions shall enter into any contract for the performance 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 LT C or LLP does have employees,a policy is required. Be advised thatthis affidavit may be 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 retumed 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 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 permit/license number whichwill be used as a reference number. Iu addition,an applicant that must submit multiple permit/license applications in any given year,need only.submit one affidavit indicating current Policy information(ifnecessary)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 be provided to the applicant as proof that a valid affidavit is on file for future permits or licenses. A new 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 orpeimit to burn leaves etc.)said person is NOT required to complete this affidavit. The Office of Investigations would like to thank you in advance fox your cooperation and should you have any questions, please do not hesitate to give us a call. The Department's address,telephone and fax number: The oxaoRwoaltl�o ' iassac??usPtts Depaftexit offadwWat.A.ocxdaats Otte of Iayestigatl as 640 Washington Stxeot Baston�MA 021.Z x Tel,#617-727-4900 oxt 406 qz 1-877-MASSA`F Revised 5-26-05 Faze#617-727;7749 NORTH Town of t EAndover No. _ - h , ver, Mass, COCMIC..... y�' S U BOARD OF HEALTH Food/Kitchen PERMIT L D Septic System THIS CERTIFIES THAT tro. Gs �, J M. BUILDING INSPECTOR ................... ...f.. . ........�`.................................. has permission to erect g1 $. A(..OA I1.. Foundation .......................... buildings on ....... ........... ..... ............................ Rough tobe occupied as .............. ..... ... ....... .............. ......................................................... 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 t ELECTRICAL INSPECTOR UNLESS CONSTRUCT ONTS Rough Service ................ ... ................................................. 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. SEE REVERSE SIDE