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Building Permit #36 - 55 ROSEMONT DRIVE 7/16/2008
BUILDING PERMIT o* NORT/h TOWN OF NORTH ANDOVER 3 tt�.o 66 ' L ' APPLICATION FOR PLAN EXAMINATION p Permit N0: Date Received °4 • Arno Date Issued: ACu ISE��� IMPORTANT:Applicant must complete all items on this page LOCATION �S 90setnotJ7- NIUi; ry� Print PROPERTY OWNER__ MIC 14A& vpY 1MMC MAA1 Print MAP NO: PARCEL: ZONING DISTRICT: Historic District yes no Machine Shop Village yes no TYPE OF IMPROVEMENT PROPOSED USE Residential Non- Residential New Buildingqe6ne family Addition wo or more family Industrial Alteration No. of units: Commercial Repair, replacement Assessory Bldg Others: Demolition Other Septic Well Floodplain Wetlands Watershed District Water/Sewer DESCRIPTION OF WORK TO BE PREFORMED:� //7�Oft Offfc IN$i0E 3� t Cowcar M G E ACE R(AtAcL G4,t4 (Q9C5 W( fl( NJW w Ex,5rwG, op&,,j(,S Kfcou: Aa,v3r Ktuow C,ae„-6rs $* Access tyEw 1 f�Ci�rfRA � e�u�s STARS ZE QHS d 6AwsrEtS (hAsrtt &kow^, : SecWte x�sslNG F,,00KS"ty&j rb V is r Identification Please Type or Print Clearly) OWNER: Name: WENor t Mlc"AcL a7thMUmR^; Phone: Address:_ SS /j0561?omr f�Rl�� /�iR� �,✓��€� CONTRACTOR Name: i wECC &S Wu l &Iiw Zc. Phone: 9281- 989.9 yyo Address: 30 r?iE(ett(rq,-crc r &04 S MA D18Y3 Supervisor's Construction License: C5 68 23z Exp. Date: OZ�ty(t0 Home Improvement License: IZ323') Exp. Date:°1110LO? ARCHITECT/ENGINEER Phone: Address: Reg. No. FEE SCHEDULE.BULDING PERMIT.$1Z00 PER$1000.00 OF THE TOTAL ESTIMATED COST BASED ON$125.00 PER S.F. Total Project Cost: $ 21 97y FEE: $ 11 Check No.: 3 � Receipt No.: CQ a NOTE: Persons contracting with unregistered contractors do not have access to gu fund Signature of Agent/Owner Sinnn#i ira nf t-nntrnr+r%r,,,�10� Plans Submitted Plans Waived Certified Plot Plan Stamped Plans TYPE OF SEWERAGE DISPOSAL Public Sewer Tanning/Massage/Body Art Swimming Pools Well Tobacco Sales Food Packaging/Sales Private(septic tank,etc. Permanent Dumpster on Site THE FOLLOWING SECTIONS FOR OFFICE USE ONLY INTERDEPARTMENTAL SIGN OFF - U FORM DATE REJECTED DATE APPROVED PLANNING & DEVELOPMENT COMMENTS CONSERVATION Reviewed on Signature COMMENTS HEALTH Reviewed on Signature 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 Dumpster on site yes no Located at 124 Main Street Fire Department signature/date 7 2 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 ❑ Notified for pickup - Date .........._..............._._...................................---....................._.............................................._..........................................---......................................_.................._-----......................................_.................................... .._--........................................_._.._..._......_.._..............................................: Doc.Building Permit Revised 2008 Building Department The following is a list of the required forms to be filled out for the appropriate permit to be obtained. Roofing, Siding, Interior Rehabilitation Permits ❑ Building Permit Application ❑ Workers Comp Affidavit ❑ Photo Copy Of H.I.C. And/Or C.S.L. Licenses ❑ Copy of Contract ❑ Floor Plan Or Proposed Interior Work ❑ Engineering Affidavits for Engineered products NOTE: All dumpster permits require sign off from Fire Department prior to issuance of Bldg Permit Addition Or Decks ❑ Building Permit Application ❑ Certified Surveyed Plot Plan ❑ Workers Comp Affidavit ❑ Photo Copy of H.I.C. And C.S.L. Licenses ❑ Copy Of Contract ❑ Floor/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 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:INSPECTIONAL SERVICES DEPARTMENT:BPFORM07 Revised 2.2008 Location 55- A?W-Grn on T AN P' No. Date ✓' ,� HORT1� TOWN OF NORTH ANDOVER �41 9 Certificate of Occupancy $ Building/Frame/Frame Permit Fee $ ✓� �� s�CHusa 9 Foundation Permit Fee $ Other Permit Fee $ TOTAL $ Check # 2 2 G Building Inspector Town NORTH of _ No. p 3 - 3 �. LAKE , O dover, Mass. • / ' a COCKICKEWICK y ORATED P' �� 7v BOARD OF HEALTH Food/Kitchen PE RM- IT T D Septic System ► BUILDING .INSPECTOR THIS CERTIFIES THAT //►�� 444 ............... .. .. -.....:.................................... ............/r:��!aG.... . .. .. . �.... Foundation has permission to ere ,............... buildings on ....!W..........° ..... r .... ' Rough .... .. to be occupied as A �......................✓� 4�e--r-_y- �`q�l %x �I Chimney t..� ............ ............... -�r....... ......... provided that the person accepting this permit shall respect conform to the terms of the application on file in Final 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 ,3 PERMIT EXPIRES IN 6 MONTHS ELECTRICAL INSPECTOR UNLESS CONSTRU O ARTS Rough ............ ... .................................... ....................................... Service B Final Occupancy Permit Required to Occupy Building GAS INSPECTOR 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. SEE REVERSE SIDE Smoke Det. ACORD„ CERTIFICATE OF LIABILITY INSURANCE op j) DATE(MWDDM'YY) HOWSL-2 07/16/08 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE Thomas Gregory Associates Inc. HOLDER.THIS CERTIFICATE DOES NOT AMEND,EXTEND OR 601 Edgewater Drive 5235 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Wakefield Lei 01880 Phone:781-914-1000 rax:781-246-2601 INSURERS AFFORDING COVERAGE NAIL 8 INSURED INSURER A_ Acadia Insurance Howell Design i Build, Inc. INSURER 8: Atlantic Baster InmMance Co.Steve Howell INSURER C: 360 Merrimack Street Bldg 5 4N INSURER D: Lawrence MA 01843 INSURER E: COVERAGES 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.AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. VE POLICY EXPIRATION LTR INM TYPE OF INSURANCE POLICY NUMBER DATE DATE D LIMITS, GENERAL LIABILITY EACH OCCURRENCE $1,000,000 A X COMMERCIAL GENERAL LIABILITY CPA 0184668-12 06/01/08 06/01/09 LP SEs(Eao=ence) $300,000 CLAIMS MADE a OCCUR MED EXP(Any one person) $5,000 PERSONAL&ADV INJURY $1,000,000 GENERAL AGGREGATE s2,000,000 GENT AGGREGATE LIMIT APPLIES PER: PRODUCTS-cowtOP AGO $2,000,000 X POLICY PRO- Loc Up Ben. 1,000,000 AUTOMOBILE LIABLm COMBINED SINGLE LIMIT $1 000 000 A ANY AUTO MRA 0262224-10 06/01/08 06/01/09 (Ea accident) ' ' ALL OWNED AUTOS BODILY INJURY $ X SCHEDULED AUTOS (Per Person) X HIRED AUTOS BODILY INJURY $ X NON-OWNED AUTOS (Per accident) PROPERTY DAMAGE $ (Per accident) GARAGE LIABILITY AUTO ONLY-EA ACCIDENT $ ANY AUTO OTHER THAN EA ACC $ AUTO ONLY: AGG S EXCESSIUMBRELLA LIABILITY EACH OCCURRENCE $1,000,000 A OCCUR CLAIMSMADE CUA0239031-11 06/01/08 06/01/09 AGGREGATE $1,000,000 s RDEDUCTIBLE $ X RETENTION $0 $ WORKERS COWS NBATION AND X I TORY LIMITS ER B ANY NYEMPPR ERS•t.IABILmOPRIETORIPARTNER/F�CECUTIVE MAD0120707 06/01/08 06/01/09 E.L.EACH ACCIDENT $ r 500 000 A OFFICERIMEMBER EXCLUDED? 10 DAYS NOTICE CANCEL E.L.DISEASE-EA EMPLOYEE $500,000 It yea•describe under SPECIAL PROVISIONS below E.L_DISEASE-POLICY LIMIT S 500,000 OTHER DESCRIPTION OF OPERATIONS I LOCATIONS I VEWa ES I EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS Evidence of insurance. CERTIFICATE HOLDER CANCELLATION NANDOV$ SHOULD ANY OF THE ABOVE DESCRIBED POLICES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF.THE ISSINNG IHS WR WILL ENDEAVOR TO MAL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,BUT FAILURE TO DO 80 SHALL Town of North Andover Building Dept. 978-688-9542 MDSE No OBUGATM OR LueLm OF ANY KIND UPON THE INSURER,ITS AGENTS OR 1600 Osgood Street REPASSENrATIVES. North Andover MA 01845 AUTHORRED RESENTA ACORD 25(2001108) 0 ACORD CORPORATION 1988 smolfiG V'tUA041T Coy CONSTRUCTION SERVICES AGREEMENT Contractor: Owner: Date: Howell Design&Build,Inc. Wendy Zimmerman June 11,2008 360 Merrimack St.Bldg 5 55 Rosemont Drive Lawrence,MA 01843 North Andover,MA 01845 Phone: 978-989-9440 Project: C.S.L.#068232 Renovations H.I.C.#123237 I. PARTIES & DATE OF AGREEMENT This contract(hereinafter referred to as"Agreement")is made and entered into on this 11th day of June,2008,by and between Wendy Zimmerman,(hereinafter referred to as "Owner");and Howell Design&Build,Inc.,(hereinafter referred to as"Contractor"). In consideration of the mutual promises contained herein,Contractor agrees to perform the following work: II. GENERAL SCOPE OF WORK DESCRIPTION General Notes • All Work includes labor and materials unless otherwise noted Owner Responsibilities • Owner to attend weekly project meetings on-site with Contractor. Meetings to be scheduled at a mutually agreed upon time on a weekday between the hours of 7:30am-4:00pm. • Owner to coordinate with Contractor on planning the detailed sequence of work. • Owner to provide information, selections and decisions to Contractor as requested by Contractor in a timely manner so as not to delay progress of the work. • Owner to remove all personal items and furniture from the following work areas: • Kitchen in the areas of the Refrigerator and Ovens • Empty Refrigerator • Garage Bays I and 2 (items may be moved to back wall) • Garage Bay 3 (existing sales office) • Empty Bookcases in Master Suite • Study,Powder Rm,Front Hall,Closets(prior to floor sanding) Permits&Inspections • Contractor to prepare building permit application,file application, and post pen-nit on-site. • Allotment Item: Town of North Andover Building Permit Fee. $360 • Allotment Item: Smoke Detector Permit Fee. $75 • Electrical Permit to be obtained,and the fee paid,by Contractor's Electrical Subcontractor. • Except for permits and fees noted above,the Owner shall secure and pay for other necessary approvals,easements,assessments and charges required for construction,use or occupancy of permanent structures or for permanent changes in existing facilities. • Contractor to schedule and coordinate the various inspections required to complete the Work as described in this Scope of Work. Site Prep General Notes: Page I of 10 Initials:? / • Contractor to provide and maintain a Portajohn on site during construction. • Contractor to provide on-site Dumpster during demolition and construction. • Owner and Contractor to agree on locations of Portajohn and Dumpster. • Contractor to seal off existing rooms adjacent to the areas affected by demolition and construction during the project with plastic sheeting and/or temporary wood-framed walls. • Contractor to protect existing finishes in affected areas,if those finishes are to remain. Existing finishes to be protected with plastic sheeting,cardboard or other padding. Demolition General Notes: • Contractor to disconnect electrical,cable,phone and plumbing as required in affected areas prior to demolition. • Where Contractor is removing and saving an item,he will use his best efforts to remove that item with minimal damage. Storing&protecting the saved items is the responsibility of the Owner. Re-installation of the saved items is not included unless otherwise specified. • Where Contractor is removing existing tile,assume tile is laid on plywood or gypsum wall board. Removal of cement board underlayment or a mud base would be extra. • The abbreviations R/S=remove&save,R/DNS=remove and do not save. • Contractor to perform demolition work per the following notes: Garage Interior: • R/DNS Interior Trim,baseboards,chairrails,etc • R/DNS Interior Window Casings • R/DNS Interior Window(Toll Brothers frosted glass) • R/DNS Interior Door Casings • R/DNS Interior Door(incl jambs) • R/DNS Gypsum Drywall from Interior Walls • R/DNS Wall Framing,interior walls of office only(wall between garage and office to remain,a wide opening will be cut and framed in this wall—see Wall Framing below) • R/DNS Carpet,pad and tackstrip(if carpet is glued to concrete slab,this may be extra) • Gypsum Drywall Ceiling to remain • Insulation in walls and ceiling to remain Garage Exterior: • R/S Vinyl Siding(to be reused) • R/DNS(2)Exterior Walls Sconces • R/DNS Exterior Door,double(up to 8070) • R/DNS(2)existing Garage Overhead Doors,tracks&openers • R/DNS(2)existing Garage Overhead Door casings&jambs • R/DNS Wall Framing,exterior wall around new door opening Kitchen: • R/S Upper Cabinet above Refrigerator • R/DNS Appliance,Refrigerator • R/DNS Appliance,Wall Oven, Single • R/DNS Appliance,Microwave Stairs: • R/S Carpet&Pad off bottom step Excavation/Sitework • No work included. Concrete • No work included. Page 2 of 10 Initials: / / Framing General Notes: • Framing lumber to be kiln-dried#2 SPF unless otherwise noted. • Exterior Walls:2x4 • Sheathing: ''/z"CDX fir plywood sheathing. Garage: • Cut and frame a new opening in exterior wall for 3rd Garage Door. Opening to be 8'wide in including a new(2) 11-7/8"LVL header. • Cut and frame a new opening,approx 8' wide in the interior wall between the existing Garage and the new 3rd bay. • Add blocking in ceiling for new garage door tracks • Note:After removal of existing garage door tracks,Contractor to inspect existing ceiling framing, make recommendations for reinforcement and/or replacement and provide cost estimates for same. Roofing,Flashing& Gutters • No work included. Exterior Trim General Notes& Specifications: • Abbreviation FJP=clear,finger joined primed pine trim boards • Abbreviation PVC=solid closed-cell white pvc trim boards • Stainless steel fasteners. • Prime all end cuts(wood trim)in the field during installation. • Supply and install exterior trim per plans and as follows: Garage: • Trim for(3)new Garage Overhead Doors as follows: • Garage Door Jambs: 1x6 PVC • Garage Door Casing(Interior): 5/4x4 FJP flat • Garage Door Casing(Exterior): 1-1/4"x 1-3/4"PVC Brick Mould Style Siding Garage: • Reinstall vinyl siding(removed and saved during demolition)around new garage doors Exterior Doors&Windows Garage: • Allotment Item: Supply and install(3)Garage Overhead Doors$4,500 total. Allotment includes labor and materials for doors,tracks,openers and remotes. • Supply and install(4)pairs of new Mid Atlantic PVC Shutters on existing windows on garage side of house. Plumbing Kitchen • Disconnect water line to existing refrigerator • Connect existing water line to new refrigerator HVAC Garage: • No work included at this time. • Note: after demolition of garage walls is complete,Contractor to investigate possibility of re- routing existing supply ductwork from Toll Brothers office to 2"d floor Master Suite and provide cost estimate for this work to Owner. Page 3 of 10 Initials:J� / 4 Floor Refinishing: • Remove and save existing steel floor vent covers. Re-install after floor finishing. Electrical Kitchen: • Disconnect existing oven and microwave • Wire new oven and microwave in same location • Assume new refrigerator can plug into existing outlet Garage: • Disconnect and remove existing switches, outlets and lighting in Toll Brothers office • Install(2)new GFCI outlets in new garage bay • Install(1)new outlet for garage door opener in ceiling of new 3rd bay. • Install(2)new exterior wall sconces(sconces supplied by Owner) • Install(1)new heat/smoke detector in new 3rd bay. Insulation • Replace existing wall and ceiling insulation where removed for new work. Plaster Garage: • 5/8"Gypsum Drywall screwed to framing;tape joints and apply 2 coats joint compound • Install drywall on walls around new garage door and opening between existing garage and new 3rd bay. • Patch ceiling and exterior walls in new 3rd bay. • Patch ceiling as needed around areas of new garage door tracks in existing garage Tile • No work included. Interior Doors Floor Finishing: • Remove and save interior doors in areas where floors are to be refinished. • Re-install existing interior doors. Interior Trim &Millwork Stairs: • Remove(2)existing loose newels at base of Front Stairs • Supply and install(2)new newels to match existing • Secure new newels into existing or reinforced framing. • Secure all loose balusters up the stairs and along the balcony. Cabinets Kitchen: • Match existing Thermafoil cabinets and mouldings in the kitchen. • Supply and install(1)new tall end panel with face frame custom-fitted around new refrigerator • Re-install existing upper cabinet above new refrigerator-36"wide by 12"deep • Supply and install new crown moulding around reworked cabinets;match existing profile. • Modify existing oven cabinet for new ovens and repair side of oven cabinet Master Bedroom: • Secure existing built-in bookshelves to wall. Existing cabinets were improperly installed on top of the carpet&pad. Cut back carpet&pad and secure bookcases to subfloor. Page 4 of 10 Initials:/ Appliances Kitchen: • Install new(1)Refrigerator and(2)Ovens supplied by Owner Countertops • No work included. Specialties Master Bath: • Allotment Item: Custom Glass Shower Enclosure $1,200. Allotment includes labor and materials for fabrication and installation of new shower enclosure in same location as existing, including hinges and hardware. Floor Coverings Stairs: • Reinstall existing carpeting on bottom step of Front Stair. Floor Finishing: • Sand and re-finish existing hardwood floors with(1)coat sanding sealer and(2)coats of oil- modified polyurethane. • Refinish hardwood floors in the following areas: o Kitchen/Eating Area o Front Foyer o Study o Powder Room and Closet Painting Stairs: • Clear finish on new newels posts. Touch-up handrails. Clean-up • Jobsite to be cleaned up daily. • All construction debris to be removed from site. • At completion of the Work,the Contractor shall remove construction equipment,tools,machinery and surplus materials from site. I • The house shall be left"broom clean"upon completion. i CONTRACT SUM (lump sum price for all work described above): $29,974 III. GENERAL CONDITIONS FOR THE AGREEMENT ABOVE A. DATE OF WORK COMMENCEMENT AND SUBSTANTIAL COMPLETION Commence work on or about June 25,2008 or within I week of getting a building permit,whichever is later. Contractor shall submit application for building permit with 1 week of the signing of this Agreement and receipt of the initial deposit. Contractor to achieve substantial completion of all work in this Agreement on or about August 15,2008 or within 7 weeks of getting a building permit,whichever is later, not including delays and adjustments for delays caused by:accidents,additional time required for performance of Change Order work(as specified in each Change Order),delays caused by Owner,and other delays unavoidable or beyond the control of the Contractor. Page 5 of 10 Initials B. EXCLUSIONS Unless specifically included in the Scope of Work described above,this Agreement does not include labor or materials for the following work: 1. Fees for design or engineering work including any additional D&E work required by building inspectors. 2. Surveying that may be required to establish accurate property boundaries for setback purposes 3. Moving Owner's property around the site 4. Repair or replacement of Owner-supplied materials 5. Repair of unforeseen and concealed conditions including,but not limited to,repair of concealed underground utilities not located on prints or physically staked out by Owner which are damaged during construction 6. Testing,removal and disposal of any materials containing asbestos(or any other hazardous material as defined by the EPA) 7. Correction of existing out-of-plumb or out-of-level conditions in existing structure 8. Correction of concealed substandard framing. 9. Removal and replacement of existing rot or insect infestation 10. Re-routing/removal of vents,pipes,ducts,wiring, conduits, structural members,or steel mesh which may be discovered in the removal or cutting of openings in the existing structure. 11. Failure of surrounding part of existing structure,despite Contractor's good faith efforts to minimize damage such as plaster or drywall cracking and popped nails in adjacent rooms. 12. Repair of damage to existing roadways,driveways, sidewalks, or grass areas that could occur when construction equipment and vehicles are being used in the normal course of construction 13. Exact matching of existing finishes. Where Contractor's work involves the"matching of existing finishes or materials," Contractor will use his best efforts to match existing finishes and materials. However,an exact match is not guaranteed due to such factors as discoloration due to the aging process,difference in dye lots,and difficulty of exactly matching certain finishes,colors,and planes. 14. Final construction cleaning(Contractor will leave site in"broom swept" condition) 15. Any item in the Contract Sum Calculation marked"Not in the Contract"or"NIC". C. CHANGE ORDERS 1. CONCEALED CONDITIONS: If conditions are encountered at the site which are(l) subsurface or otherwise concealed physical conditions which differ from those indicated in the Contract Documents or(2)unknown physical conditions which differ from those ordinarily found to exist and generally recognized as inherent in construction activities of the character provided for in the Contract Documents,then the contract price shall be equitably adjusted in accordance with the change order provisions set forth herein for such concealed or unknown conditions upon claim by the Contractor. 2. CHANGES IN THE WORK: Any change from the Scope of Work referred to in the Contract Documents involving extra costs of materials or labor(including any overage on ALLOWANCE work and any changes in the Scope of Work required by governmental plan checkers or field building inspectors)will be performed upon a written CCO(Contract Change Order)issued by Contractor and signed by Contractor and Owner prior to the commencement of Additional Work by Contractor. Contractor's profit and overhead,and any supervisory labor will not be credited back to Owner with any deductive Change Orders(work deleted from Agreement by Owner). D. PAYMENT SCHEDULE AND PAYMENT TERMS 1. PAYMENT SCHEDULE: Page 6 of 10 Initials:�D / ,/ I Initial Deposit due when Agreement is signed and returned to Contractor $ 3,000 2 Due u on completion of Kitchen Cabinet&Appliance Work $ 2,000 3 Due upon completion of Stair Rail Work&Cabinet Work in Master $ 1,000 4 Due u on completion of Garage Work(except new Garage doors) $ 14,000 5 1 Due upon installation of Garage Doors $ 4,000 6 Due upon completion of Hardwood Floor Refinishing $ 2,000 7 Due upon installation of Glass Shower Enclosure $ 1,000 8 Final Payment: Balance of contract sum due upon Substantial Completion of all $ 2,974 work under contract: Total of Payments $29,974 2. PAYMENT OF CHANGE ORDERS: Payment for each Change Order is due upon completion of the Change Order Work,and submittal of invoice by Contractor. 3. INVOICES AND PAYMENT: Invoices shall be prepared by Contractor and submitted to the Owner as the work is completed and according to the Payment Schedule above. The Owner shall make payment within three(3)business days of the Invoice Date. 4. FAILURE OF PAYMENT: If the Owner does not pay the Contractor within three(3)business days of the Invoice Date,then the Contractor may,upon seven(7)additional days' written notice to the Owner, stop the Work until payment of the amount owing has been received. The Contract Time shall be extended appropriately and the Contract Sum shall be increased by the amount of the Contractor's reasonable costs of shutdown,delay and start-up,plus interest as provided for in the Contract Documents. PAYMENTS/CREDITS FOR ALLOTMENT OVERAGES/UNDERAGES: Payment for items designated in the Agreement as Allotments has been initially factored into the Contract Sum and Payment Schedule. If the actual cost of an item exceeds the Allotment amount,the difference between the actual cost including taxes and delivery charges and the Allotment amount will be added to the Contract Sum via Change Order. If the actual cost of an item is less than the Allotment amount,a credit will be issued to Owner after all billings related to this particular Allotment have been received by Contractor. This credit will be issued via Change Order prior to calculating the final payment owing under the Agreement.The amount of the credit will be the difference between the Allotment and the actual cost of the item including taxes and delivery charges. 5. INTEREST ON OVERDUE PAYMENTS AND ATTORNEY'S FEES: Payments due and unpaid under the Contract Documents shall bear interest from the date payment is due at the rate of one percent(1%)per month. The Owner shall be responsible for reasonable attorney's fees incurred by Contractor in collecting any sums due hereunder. F. WARRANTY 1. Upon final payment by Owner of the entire contract sum including all change orders and allotment overages(if any)due to Contractor,Contractor warrants to the Owner that the work performed under the Agreement is free from defects,not inherent in the quality used,in materials,equipment and workmanship for a period of two(2)years after the date of substantial completion as described in the Agreement. 2. THIS LIMITED WARRANTY CONTAINS ALL EXPRESS WARRANTIES OF CONTRACTOR,ALL OTHER WARRANTIES EXPRESS OR IMPLIED ARE EXCLUDED AND HEREBY DISCLAIMED,INCLUDING WITHOUT LIMITATION,ALL WARRANTIES OF MERCHANTABILITY, i Page 7 of 10 Initials:i/ HABITABILITY AND FITNESS FOR A PARTICULAR PURPOSE. Except for any warranties implied by law and not subject to exclusion,there are no warranties that extend beyond the express warranties set forth herein. The term of any warranties implied by law and not subject to exclusion shall end upon the termination of this Limited Warranty. In the event of breach by Contractor,the Owner's recovery shall be limited to the actual cost to repair any defect or deficiency covered by this Limited Warranty. The Owner waives any and all claims for incidental,consequential,special and consumer protection damages. The parties agree that Massachusetts law shall control this Limited Warranty and jurisdiction is proper in the Massachusetts Superior Court. 3. The Owner shall notify the Contractor in writing,within 30 days after the discovery of any failure, defect or damage, otherwise the claim shall be deemed waived. In the event of an emergency failure(i.e.roof or plumbing leak),Owner should contact Contractor immediately by telephone or fax at the numbers listed above. If Owner gives Contractor proper notification and if the condition is covered by this Limited Warranty,Contractor or subcontractors chosen by Contractor will replace or repair the defect(the decision to repair or replace is Contractor's sole decision)at no charge or cost to Owner within a reasonable time,not to exceed sixty days,unless weather conditions,labor problems or shortages causes delays. Any steps taken by Contractor to correct defects under this Limited Warranty shall not extend the time of this Limited Warranty. 4. Owner acknowledges that the following,as applicable,are EXCLUDED from this Limited Warranty: A. Defects which are the result of characteristics common to materials used,such as,but not limited to,warping or deflection of wood;fading,chalking and/or checking of paint due to sunlight;cracks in concrete,plaster,brick,masonry,grouts and caulking due to drying and/or curing. B. Hairline cracks and seams in plaster and drywall other than those caused by structural defects, provided that joints are properly located to minimize cracking. Any repair of plaster or wallboard,caused by structural defects,may not completely blend with surrounding materials. C. Shrinkage,swelling,or leakage of doors and windows attributable to weather conditions. D. Occasional dents of interior woodwork and twisting, and hairline checking of wood framing, plywood,exterior siding and wood trim. E. Shrinkage or separation of hardwood flooring. F. Damage to roofs caused by snow or ice backing up under shingles or damage,if any,caused by windblown rain or snow through roof,gable or soffit vents,or louvers into attic space, unless caused by negligent workmanship or defective material. It is Owner's obligation to insure free passage in gutters and downspouts at all times. G. Fading or darkening of paints,stains and other finishes exposed to sunlight. H. Defects in items supplied or installed by Owner,or anyone other than Contractor or its subcontractors acting at the Contractor's order. I. Defects in materials or equipment that are covered by manufacturer's warranties including labor to repair same,even if such labor cost is not warranted by manufacturer. The Contractor, at the Owner's written request and at no expense to the Owner, shall act as the Owner's agent in pursuing the manufacturer for any defects in materials supplied and installed by Contractor. J. Damage due to abuse,improper or insufficient maintenance,improper operation,alteration, modification or normal wear and tear under normal usage. K. Contractor assumes no liability for damages to personal property of Owner. L. Loss or damage which the Owner has not taken timely action to minimize. M. The presence or development of radon and mold are products of environmental conditions that are beyond the control of Contractor,therefore Contractor does not warrant and expressly disclaims any responsibility for the presence or development of radon or mold. Page 8 of 10 Initials: / / G. OWNER'S SEPARATE SUBCONTRACTORS Owner shall not hire separate Subcontractors to work on the site at same time as Contractor without prior written consent from Contractor. Contractor reserves the right to not allow uninsured,unlicensed or unqualified subcontractors to work on the site at the same time as Contractor. Owner may hire separate Subcontractors to work on the site either before Contractor's date of work commencement or after final completion of the work. H. WORK STOPPAGE,TERMINATION OF CONTRACT BY CONTRACTOR Contractor shall have the right to stop all work on the project and keep the job idle if(1)payments are not made to Contractor in accordance with the Payment Terms in this Agreement,or if(2)Owner repeatedly fails or refuses to furnish Contractor with access to the job site and/or product selections or information necessary for the advancement of Contractor's work. Simultaneous with stopping work on the project,the Contractor must give Owner written notice of the nature of Owner's default and must also give the Owner a fourteen(14)day period in which to cure this default. If work is stopped due to any of the above reasons (or for any other material breach of contract by Owner)for a period of 14 days,and the Owner has failed to take significant steps to cure his default,then Contractor may,without prejudicing any other remedies Contractor may have,give written notice of termination of the Agreement to Owner and demand payment for all completed work and materials ordered through the date of work stoppage,and any other loss sustained by Contractor,including Contractor's overhead and profit at the rate of 25%on the balance of the incomplete work under the Agreement. Payment for this final invoice is due within 7 days of submittal of invoice by Contractor. Thereafter,Contractor is relieved from all other contractual duties, including all Punch List and warranty work. If the contract is terminated and Owner pays all outstanding balances owed to Contractor,then materials ordered through the date of work stoppage become the property of Owner. I. TERMINATION OF CONTRACT BY OWNER The Owner shall have the right to initiate termination this Agreement if(1)the job remains idle for longer than fourteen(14)consecutive days after the work has been started without reasonable written notification of the cause of the work stoppage by Contractor to Owner,or if(2)the Contractor repeatedly fails to perform the work according to the Contract Documents. The Owner must give the Contractor written notice of the nature of the Contractor's default and must also give the Contractor a 14-day period in which to cure this default. If the Contractor fails to take significant steps to cure his default within the 14-day period,the Owner may give written notice to Contractor of Owner's desire to terminate this Agreement. Upon receipt of the Owner's written notice of desire to terminate this Agreement,the Contractor has 14 days to respond with an invoice for payment for all work completed and materials ordered through the date of work stoppage. Payment for this final invoice is due within 7 days of submittal of invoice by Contractor. After payment of fmal invoice Owner may terminate this Agreement and Contractor is relieved from all other contractual duties,including all Punch List and warranty work. If the contract is terminated and Owner pays all outstanding balances owed to Contractor,then materials ordered through the date of work stoppage become the property of Owner. The Contractor shall not be responsible for any incidental or consequential damages incurred by Owner as a result of such termination. J. DISPUTE RESOLUTION The parties agree that Massachusetts law shall control this Agreement and jurisdiction is proper in the Massachusetts Superior Court. Any controversy or claim arising out of or related to this Agreement involving an amount of less than the maximum limit of the small claims court must be heard in the Small Claims Division of the district where the Contractor's office is located. Any controversy or claim arising out of or related to this Agreement which is over the dollar limit of the Small Claims Court shall be settled by binding arbitration administered by the American Arbitration Association in accordance with the Construction Industry Arbitration Rules. The parties agree that mediation administered by the American Arbitration Association in accordance with the Construction Industry Arbitration Rules shall be a condition precedent to arbitration. Judgment upon the award maybe entered in any Court having jurisdiction thereof. Page 9 of 10 Initials: /l / K. ENTIRE AGREEMENT,SEVERABILITY,AND MODIFICATION This Agreement represents and contains the entire agreement between the parties.Prior discussions or verbal representations by the parties that are not contained in this Agreement are not a part of this Agreement. In the event that any provision of this Agreement is at any time held by a Court to be invalid or unenforceable,the parties agree that all other provisions of this Agreement will remain in full force and effect. Any future modification of this Agreement must be executed in writing in order to be valid and binding upon the parties. M. EXPIRATION OF THIS AGREEMENT This Agreement will expire 30 days after the date at the top of page one of this Agreement if not accepted in writing by Owner and returned to Contractor within that time, O. OWNER'S 3-DAY RIGHT OF RECISION The Owner may cancel this agreement with no further obligations by notifying the Contractor in writing that they wish to cancel the agreement within 3 business days of the date they signed the agreement. I have read and understood,and I agree to,all the terms and conditions contained in the Agreement above. *at)oStephen D.Howell,President Howell Design&Build,Inc. 7NO� Date Owner Page 10 of 10 Initials: /�� Zimmerman Residence Contract Sum Calculation Brief Description of Work Pricing Included in (see Contract for detailed Scope of Work Description and Presented Contract dated Room Specifications) 613108 6111108 Kitchen: Refrigerator&Oven Cabinetry $ 3,718 $ 3,718 Includes: New Ref End Panel Pull existing upper cab forward Crown Moulding around Ref Cabs Modify Oven Cabinet for new Ovens Install new Ref&Ovens Wire new Ovens(use existing feeds) Appliances supplied by Owner Stairs: Secure Loose Railings $ 1,748 $ 1,748 Remove/save carpet on bottom tread Replace(2) bottom Newels(match existing) Bolt to existing framing Secure existing baluster Reinstall carpet on bottom tread Paint new newels &touchup rails as needed Master: Secure Wall Cabinets $ 282 $ 282 Remove carpet& pad under cabinet Secure cabinet to wall Garage: Convert Toll Brothers Office to 3rd Garage Bay $ 18,463 $ 18,463 Remove interior finishes in Toll Brothers Office Remove exterior d000r Reframe 8'wide opening for 3rd Garage Door Frame 8'wide opening in wall between garage and new 3rd bay Re-install existing vinyl siding New trim around (3)garage doors Electrical work as needed Install (2) exterior lights (fixtures supplied by Owner) Plaster work as needed Install blocking in ceiling for new Garage door tracks Supply and install (3) new Garage Doors, tracks & openers Note: 3 garage doors to remain in current locations HVAC work not included at this time Garage: Options Add (4) Pairs of Shutters $ 794 $ 794 Reconfigure Door Openings for 9'wide center bay with 8' bays on either side $ 3,600 NIC Reframe& Plaster Ceiling (preliminary estimate only) $ 4,192 NIC ' �4 Page 1 of 2 Zimmerman Residence Contract Sum Calculation Floors: Hardwood Refinishing Kitchen & Eating $ 1,780 $ 1,780 Office $ 665 $ 665 Front Hall $ 692 $ 692 Powder Rm& Closet $ 332 $ 332 Mbath: Shower Renovations Remove and replace acrylic shower base with tile $ 2,850 NIC Remove and replace glass shower doors $ 1,500 $ 1,500 Extend shower area towards tub to create bench $ 1,650 NIC Totals $ 42,266 $ 29,974 Contract Sum NIC = Not included in Contract Sum at this time Page 2 of 2 Client#: 16828 11 HOWELLDESI ACORD- CERTIFICATE OF LIABILITY INSURANCE 03/07/08D[YYY'") PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION HUB International NE(WCSB) ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE 299 Ballardvale St HOLDER.THIS CERTIFICATE DOES NOT AMEND,EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Wilmington, MA 01887 INSURERS AFFORDING COVERAGE NAIC# INSURED INSURER A: Acadia Insurance Howell Design &Build,Inc INSURER B: Atlantic Charter c/o Mr&Mrs.Stephen Howell INSURER C: 360 Merrimack Street, Bldg#5 INSURER D: Lawrence,MA 01843 INSURER E: COVERAGES 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.AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. NSRDD POLICY EFFECTIVE POLICY EXPIRATION LTR NSR TYPE OF INSURANCE POLICY NUMBER DAT MMIDD/YY DATE MMIDD/YY LIMITS A GENERAL LIABILITY CPA018468811 06/01/07 06/01/08 EACH OCCURRENCE $1,000,000 X COMMERCIAL GENERAL LIABILITY DAMAGE TO RENTEPREMISPS D $250000 CLAIMS MADE OCCUR MED EXP(Any one person) $10 000 PERSONAL&ADV INJURY $1,000,000 GENERAL AGGREGATE s2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OP AGG $2 000 000 POLICY PRO- JECT LOC A AUTOMOBILE LIABILITY MAA019876911 10/11/07 10/11/08 COMBINED SINGLE LIMIT $1,000,000 ANY AUTO (Ea accident) ALL OWNED AUTOS BODILY INJURY $ X SCHEDULED AUTOS (Per person) X HIRED AUTOS BODILY INJURY $ X NON-OWNED AUTOS (Per accident) PROPERTY DAMAGE $ (Per accident) GARAGE LIABILITY AUTO ONLY-EA ACCIDENT $ ANY AUTO EA ACC $ OTHER THAN AUTO ONLY: AGG $ A EXCESS/UMBRELLA LIABILITY BINDER307310 11/15/07 11/15/08 EACH OCCURRENCE $19000,000 OCCUR ❑X CLAIMS MADE AGGREGATE $1,000,000 5 DEDUCTIBLE $ RETENTION $ $ B WORKERS COMPENSATION AND WCA00120706 06/01/07 06/01/08 WC STATU- DER EMPLOYERS'LIABILITY E.L.EACH ACCIDENT $500 000 ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICERIMEMBER EXCLUDED? E.L.DISEASE-EA EMPLOYEEI$500,000 If yes,describe under SPECIAL PROVISIONS below E.L.DISEASE-POLICY LIMIT 1$500,000 OTHER DESCRIPTION OF OPERATIONS/LOCATIONS I VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS **Workers Comp Information** Voluntary Compensation ; Other States Coverage Contractor CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF,THE ISSUING INSURER WILL ENDEAVOR TO MAIL 10— DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER,ITS AGENTS OR REPRESENTATIVES. AUTHOR /tt77���REPRESENTATIVE ACORD 25(2001/08)1 of 2 #S25882/M10134 CA001 © ACORD CORPORATION 1988 ;V Board of Building Regulations and Standards mer One Ashburton Place - Room 1301 Boston, Massachusetts 02108 Home Improvement Contractor Registration Registration: 123237 Type: Public Corporation Expiration: 1/10/2009 Tr# 123442 HOWELL DESIGN & BUILD STEPHEN HOWELL 360 MERRIMACK ST. LAWRENCE, MA 01843 Update Address and return card.Mark reason for change. SPS-CAI ca 501VI-05/06-PC8490p ❑ Address ❑ Renewal ❑ Employment E Lost Card ✓�ze Lianvnaao2su ��../f�aaaar�zu,�� Board of Building Regulations and Standards . License or registration valid for individul use only HOME IMPROVEMENT CONTRACTOR before the expiration date. If found return to: -� Registration: 123237 Board of Building Regulations and Standards Expiration: 1/10/2009 Tr# 123442 One Ashburton Place Rm 1301 Type: Public Corporation Boston,Ma.02108 HOWELL DESIGN&BUILD STEPHEN HOWELL 360 MERRIMACK ST. ,,, ..` LAWRENCE,MA 01843 Administrator Not valid without signatu.e g/WB'�rloWuiVi'nlg egula ons an tan ar s One Ashburton Place - Room 1301 Boston, Massachusetts 02108 Construction Supervisor License License CS: 68232 Restriction: 00 Expiration: 2/14/2010 Tr# 20688 STEPHEN D HOWELL 15 MT VERNON RD BOXFORD, MA 01921 r ' Update Address and return card.Mark reason for change w°< Address Renewal Lost Card DPS-CAI is 5OM-07/07-PC8490 EI06of" .W.Wing�i62 an tan arils Construction Supervisor License License: CS 68232 Expiration 2/14/2010 Tr# 20688 SRestriction 00 A fft _ t STEPHEN D HOWELL !fr 15 MT VERNON RD, - BOXFORD,MA 01921 `t' ' Commissioner Z//),M U-MAO-) i at oolek 1 �jcc sTl��j P= ® SLA4 ROVE � ,cly)"i61 Cvr f opus a(h� 8` �x�sn�G+WRu f0 - / ar ��Q x I AlJAl w I � i + 1 I + 4 + I L litl i L L1.9:1 LLL 7.. ^Ar 1 i � f f � i, t iflo �•r$,. 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