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HomeMy WebLinkAboutBuilding Permit #541 - 57 BERKELEY ROAD 1/11/2012Location 6 -: No. S Date)_- NORTIy TOWN OF NORTH ANDOVER O F A 9 } �a Certificate of Occupancy $ s�CM�s <�' Building/Frame Permit Fee $ 2-04-2 Foundation Permit Fee $ _. p Other Permit Fee $ TOTAL $ Check # 24955 Building Inspector TOWN OF NORTH ANDOVER APPLICATION FOR PLAN EXAMINATION Permit NO: �nllDate Received Date Issued:_���i IMPORTANT: Applicant must complete all items on this Daize Print MAP NO: -Y-V--PARCEL: ZONING DISTRICT: Historic District yes Machine Shop Village yes 100 year-old structure yes 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 . r® E 11 ❑ oodpla n+ k" Ian.: asID strict V`%ater ST DESCRIPTION OF WORK TO BE PERFORMED: Do a c s -'o b,P �- p o6 c--ee Q o,r (Identification Please Type or Print Clearly) OWNER: Name: L u ,-, n e Phone: 97 ? 66.5" Address: S7 CONTRACTOR Name: (',1,�; s a� Phone: LY0 9 — I Z9 Address: 3Z Wc�s�,;,-�a�-� /�v-�, �t,,c�lc�v��. ry)-4 0 18'1Q Supervisor's Construction License: CS 3S_ I I Exp. Date: 0/2-gZ 2 Home Improvement License: 1 3 g 13--7 Exp. Date: O Z ZC�-13 ARCHITECT/ENGINEER Address: Phone: k FEE SCHEDULE. BULDING PERMIT. $12.00 PER $1000.00 OF THE TOTAL ESTIMATED COST BASED ON $125.00 PER S.F. Total Project Cost: $ 2-� 3� . FEE: $ Check No.:Receipt No.: NOTE: Persons contracting with unregistered contractors do not hay,a-rMcess to the guaranty fund 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 Dempster on Site ❑ THE FOLLOWING SECTIONS FOR OFFICE USE ONLY INTERDEPARTMENTAL SIGN OFF - U FORM DATE REJECTED PLANNING & DEVELOPMENT ❑ COMMENTS DATE APPROVED CONSERVATION Reviewed on Signature COMMENTS HEALTH = Reviewed on Signature COMMENT, Zoning Board of Appeals: Variance, Petition No: Zoning Decision/receipt submitted yes Planning Board Decision: Comments Conservation Decision: Comments n 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 COMMENTS O W M O GG v o w° cit O U a ° w° U w O U W w°' w O W I . r°4 cn w O F. rz° co u. W ° C/)cn o z 0 W W z u K. ON CD 03 O o � Z CD O. O CO) � C CD pm CD �— .COSg mCD 0 m a ~� as 0 0 CD b— cc o a a cna ca c .o o cc c Z m 0 CL V y c 'C C cc C. CO2 LU 0 U) LLI U) W W 19 W N c Q o o c C2 C � C2 N 0 C, V ;ac ev cv c s o C) 0 CD C L ; ts d ,= ... CD a N E c : 2 o :cam Q 0 u os o c 4 f :. C42n:co �. o CA J: H CmJ a s m ZIN :=yCCE C 3' C O ;Em 't CLL cm cCS • H � cmcm �coQ _ a a c = A m o o 'C C3 y o . i o.'� ev o o cC3 3 D. O CD c •O Q i y .o C c o F" W O •-. = r.. •ca y.r W .E d= C v, Z ci o ®� o .c c h _ CL m. o:a a g O F.. A t . `O � rte„ CL r=-. m i z 0 W W z u K. ON CD 03 O o � Z CD O. O CO) � C CD pm CD �— .COSg mCD 0 m a ~� as 0 0 CD b— cc o a a cna ca c .o o cc c Z m 0 CL V y c 'C C cc C. CO2 LU 0 U) LLI U) W W 19 W N Client*- 937n39 ACORDT. CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DDKYYY)10/26/2011 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER HUB International New England 299 Ballardvale St Wilmington, MA 01887 978 657-5100 CONTACT Certificate Department PHONE 978 661-6600 A/C No Ext : A/C No): 866-475-7959 E-MAIL ADDRESS: nee.certificates@hubinternational.com INSURER(S) AFFORDING COVERAGE MAIC& INSURER A: Selective Insurance Company of 19259 INSURED INSURER B: Associated Industries of MA Red Apple Renovations, Inc. 206 Andover Street, Suite 10 Andover, MA 01810 INSURERC: INSURER D INSURER E INSURER F: GEN'L AGGREGATE LIMIT APPLIES PER: POLICY jE O- LOC COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE ADDLSUBR INSR WVD POLICY NUMBER POLICY EFF MWDDKYY POLICY EXP MWDDKYYY LIMITS A GENERALLIABILITY X COMMERCIAL GENERAL LIABILITY CLAIMS -MADE a OCCUR S1929031 3/25/2011 03/25/2012 $1000000 EEACCH�OCCURRENCE PREMISES EaoNccTurrence $100000 MED EXP (Anyone person) $10,000 PERSONAL & ADV INJURY $1,000,000 GENERAL AGGREGATE $3,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: POLICY jE O- LOC PRODUCTS - COMP/OP AGG $3,000,000 $ • AUTOMOBILE LIABILITY ANY AUTO ALL OWNED SCHEDULED AUTOS X AUTOS X HIRED AUTOS X NON -OWNED AUTOS A9092834 3/25/2011 03/25/201 EOa xI den SINGLE LIMIT 1,000,000 BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ PROPERTY DAMAGE $ Per accident UMBRELLA LIAB EXCESS LIAB OCCUR CLAIMS -MADE EACH OCCURRENCE $ AGGREGATE $ DED I I RETENTION $ $ B WORKERS COMPENSATIONWMZ8006243012011 AND EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE Y/N OFFICER/MEMBER EXCLUDED? 7 (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below N / A 6/08/2011 06/08/2012 1WCSTATU-TQBY LIMITS OTH- E.L. EACH ACCIDENT $100,000 E.L. DISEASE - EA EMPLOYEE $100,000 E.L. DISEASE - POLICY LIMIT $500,000 DESCRIPTION OF OPERATIONS/ LOCATIONS /VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space Is required) For carpentry, plumbing and electrical work. Town Of North Andover SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN 1600 Osgood Street ACCORDANCE WITH THE POLICY PROVISIONS. North Andover, MA 01845 AUTHORIZED REPRESENTATIVE ©1988-2010 ACORD CORPORATION. All rights reserved. ACORD 25 (2010/05) 1 of 1 The ACORD name and logo are registered marks of ACORD #S609394/M609167 KK005 The Commonwealth ofmassachusetts Departmeszt oflnd'ustrialAccidents Office of Investigations 600 Washington Street zv Boston, MA 02111 www.ma_ssgov/dia Workers' Compensation Insurance Affidavit: Builders/Contractors/EIectricians/Plumbers >Qlicant Informn in„ Name (Business/Organization/fndividual): Address: City/State/Zip:. IU 1 V5 Phone #: 9`7'�R- -ala 9 — (Z <3 Are you an employer? Check thea propriate -2_5 box: 1. I am a employer with 4. ' ❑ I am a general contractor employees (full and/or part-time).* 2.01 am a sole proprietor or and I have hired the sub -contractors listed partner- on the attached sheet t ship and have no employees These sub -contractors have working for me in any capacity. [No workers' comp. insurance workers' comp, insurance. 5. ❑ We are a corporation and its required.] 3. ❑ I am a homeowner doing .officers have exercised their all work right of exemption per MGL myself. [No workers' comp. C. 152, § 1 (4), and we have no insurance required.] t employees. [No workers' comp, insurance re iced ] Type of project (required): 6. ❑ New construction 7. $Remodeling 8. ❑ Demblition 9. ❑ Building addition 10.❑ EIectrical repairs or additions I1.❑ Plumbingrepairs or additions 12.❑ Roof repairs 13.❑ Other *Any applicant that checks box #1 must also fill out the section below showing their workers s' compensation policy mformation. L. 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 check this box must attached an additional sheet showing the name of the sub -contractors and their workers' comp, policy information. Iam an employer th infoormation. at is providing workers' compensation insurance for my employees Below is the policy and job site . A Insurance Company Name: —�•-r�c�y S'�r S o P Y`rl ,A Policy # or Self -ins. Lic. #: f1} 02_1 000 6 2VI 301 2-0 1 Expiration Date: Job Site Address: ,S ? .r City/State/Zip: Attach a copy of the workers' compensation policy declaration page (showing the policy number and expiration date). Failure to secure coverage as required under 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. 130' dvised that a copy of this statement may be forwarded to the Office ok Investigations of the DIA• for insurance coverage verification. Io IzerebY certify under thePairs andPenales ofP r1ujY that the information provided above is true and correct. CJ ="/79.3 "Jil"a[ use only. Do not write in this 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. City/ToWn Clerk 6. Other 4. Electrical Inspector 5. PIumbing Inspector Contact Person: 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 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 not more than three apartments and who resides therein, or the occupant of the dwelling house of another who employs persons to do maintenance, construction or repair work on such dwelling house or on the grounds or building appurtenant thereto shall not because of such employment be deemed to be an employer." MGL chapter 152, §25C(6) also states that "every state or local licensing agency shall'w,ithhold the issuance -or renewal of a license or permit to operate a business or to construct buildings in the commonwealthfor any applicant who has not produced acceptable evidence of compliance with the insuranc6 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 ofpublic work until acceptable evidence of compliance with the insurance requirements of this chapter have been presented to the contracting authority." Applicants PIease 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 certificates) 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 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 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 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 which will be used as a referencd number. In addition, an applicant that must submit multiple permit/license applications in any given year, need only submit one affidavit indicating current Policy information (if necessary) 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 tor any business or commercial venture (i.e. a dog license or permit to burn leaves etc.) said person is NOT required to complete this affidavit. The Office of Investigations would like to thank you in advance for your cooperation and should you have any questions, please do not hesitate to give us a call. The Department's address, telephone and fax number: The Con'tiaor'-wearth of massa ausetts Department of zndustrial Accidents Office of Investigations 600 Washington S`4roet Boston} MA, 02111 TO. # 617-727,4900 ext 4406 or 1.-877-MASSAF13 Revised 5-26-05 Fax # 617,727-7749 Www mass.jz-ovMa. * 'r Construction Contract This construction contract (the "Contract"), dated 1'1 is by and between the following homeowner(s) and contractor: Hameawner(s): Property address City, State, Zip Contractor: Representative: -ltldr-ess City, State, Zip Telephone Federal. Identification: [umber - Massachusetts License Numbers: Construction Supervisor Home Improvement tyn°ne 3acimbek 57 Berkely Road North Andover, MA 01845 Red Apple Renovations, Inc. Chris Matey, President 206 Andover Street, Unit 1-0 Andover, MA 01810 978.409.1293 5&-2-309042- CS 6-2.309042 CS 083511 138132 1. GENERAL In consideration of the mutual promises contained herein, Contractor agrees to perform the following work: furnish all labor, materials, too -is, equipment, and -supervision -to construct or renovate the Homeowner's residence according to this Contract and the following documents (collectively with this Contract, the "Contract Documents"). The project is -generally described. as- Door and Winslow Repair and Remodel (the "Project"), The Contract consists of this document, Exhibit I - General Conditions, Exhibit II - The Project,. and Exhibit II.I. - The .Plans. Change orders and modifications shall be in writing and shall become part of this Contract. 2. -PRICE- The total projected price for the work agreed upon is $23,325. Payment terms are set out below in Paragraph 6. 3. STARTING AND SUBSTANTIAL COMPLETION PROVISIONS The work will begin on or about January 1, 2012 The work will be substantially completed on or about February 15, 2012. 4. SPECIFIC REQUIREMENTS FOR MATERIALS AND WORKMANSHIP a. This Contract will be completed by the Contractor in a good and workmanlike manner, using -good quality -mat-erials, b. If applicable, the Contract price includes the allowances listed in the Contract Details Section. Red Apple Renovations Page 1 S.. EXPIRAT.IO_N OF T -HIS CONT-RAGT This Contract will expire thirty (30) days after the date first written above if not accepted in writing by Homeowner and returned to Contractor within that time. 6. 'PAYMENT a. Timely payment by the Homeowner of all sums due under this Contract is of the essence to this Contract. The parties agree to the following schedule of payments: 3. Initial payment-. $7,775 (die at time of Contract signing). 2. Progress payments: The Homeowner will be billed once a contract milestone is substantially -completed. Invoices -are due upon receipt. Attic Insulation Completed $3,850 -Basement. Insulation and Structural Work -Complete $4;000 Front Door Installed $750 Side Entry Door Installed $1,400 Rear Sliding Door .Installed _$1,£35.0 Bow Window Installed $2,250 Final Payment $1,450 The Contractor shall provide the Homeowner with lois own wa+vet- -or cumulative subcontractors' waivers equal to the amount paid for any progress payment. b. The Contractor may cease operations if the Homeowner as required herein does not make any progress payment, and proceed to collect any balance due with any legal remedy. Alternatively, the Contractor may continue operations, as set forth in the attached. 7. SIGNATURE Attached hereto as EXHIBIT I are General Conditions governing the rights and obligations of th. e .parti.es to this .Contract.. The parties are further subject to the -laws -of Massachusetts governing contracts and mechanics' liens, and acknowledge the right of the Contractor to place a lien or security interest on the property of the Homeowner. lIN WITNESS WHEREOF, we have hereunto set our hands and seals this ea 4�v-, day of f P her , 20 l DO NOT -SIGN THIS CONTRACT IF THERE ARE ANY BLANK SPACES Homeowner(s) (k - ��/1 Contract Homeowner(s) The Homeowner may cancel this Contract if it has been signed by the Homeowner at a place other than the office of the Contractor, provided that the Homeowner notifies the Contractor in writing at the Contractor's office by ordinary mail., telegram or.persona.l delivery, not.l.ater than the midnight of the third business day following the signing of the Contract. See attached Notice of Cancellation for further explanation of this right. Red Apple Renovations Page 2 EXHIBIT I GENERAL CONDITIONS These General Conditions are part of the Contract between Lynne )ackobek ("Homeowner") and Red Apple Renovations, Inc. .("Contractor") for work at 57 Berkety Read, North Andover, MA 01845, dated 1. CONTRACTOR'S DUTIES — GENERAL a. To direct and controlthe work contracted for in accordance with the terms of this Contract and all applicable codes, laws, and regulations, and as the building permits, if any, issued for this project 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. c. To maintain the work site. -in a safe and clean condition, to the extent consistent with the Contract. The worksite will be left in a "broom clean" condition. d. To advise the Homeowner promptly if concealed conditions are ascertained which require additional or different work, and to proceed .in .such event in accordance with this agreement. 2. HOMEOWNER'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. d. To execute in a timely manner all permit applications and other documents necessary for the work to proceed. e. To perform _no work. .on the. project without a written agreement -with the Contractor-. f. To avoid interfering with workers. g. To make no agreements with any tradesperson, subcontractor, or Contractor's employee outside the scope of this Contract without the written -consent of the Contractor. h. Homeowner shall notify his insurance agent of the execution of this Contract and obtain any necessary Riders to his current coverage or any locally customary forms of coverage. 3. 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 Homeowner's failure to make allowance materials' selections or caused by the performance .by Contractor of additional or necessary work shall likewise be excusable delays. Red Apple Renovations Page 3 4. PERMITS The contract will obtain the following permits: Town of Worth AndoverBuilding Permit It is the obligation of the Contractor to secure such permits as the Homeowner's agent. Note: if the Homeowner secures its own permits or deals with unregistered contractors., the Homeowner is excluded from the Guaranty Fund provisions of MGL c. 142A. S. INSURANCE Contractor agrees to maintain all necessary forms of insurance to- protect the Homeowner from liability for any occurrence arising from the performance of this Contract. Contractor agrees that he shall cover his own employees for worker's compensation and carry general liability, and that .all forms of Insurance carried hereunder shall be with reputable companies licensed to do business in this state. Homeowner agrees to carry full coverage on the subject property covering Homeowner's risk of loss during the construction period, together with all special forms required by reason of the performance of this Contract. 6. HIDDEN, CONCEALED and UNFORESEEABLE CONDITIONS The parties agree that in the event Contractor discovers a condition requiring an extra cost that they shall proceed as follows: The Contractor shall notify the Homeowner verbally at once to expedite agreement as to the charge to correct or cure such condition, and provide a written estimate as soon as practicable_ The parties must agree to such extra charges, or agree to a resolution method, or this Contract may be canceled by either of them. 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. 7. ADDITIONAL WORK CHANGE ORDERS Any additional work or materials desired by the Homeowner after the contract has been signed will be agreed upon in writing or in email and all those additional items will became_ part of this contract. finless otherwise agreed, the cost of all changes to the contract are payable when the change is agreed to, either in writing or by email. Failure of the homeowner to sign a change order shall not preclude recovery for the same by the Contractor, and acceptance of .said additional. work .or materials shall -be presumed unless there is written notice to the contrary. Contractor shall advise Homeowner at the time of agreement on any additional work as the any additional time required to perform this contract. S. TERMINATION and CANCELLATION Contractor shall have the right to stop all work on the project and keep the job idle if payments are not made to Contractor in accordance with the payment schedufe set forth - above, or if Homeowner repeatedly fails or refuses to furnish Contractor with access to the job site or product selections or information necessary for the advancement of the -work-.. _Simultaneous. with stopping work on the -project, Contractor shall gave Homeowner written notice of the nature of Homeowner's default. If work is stopped due to any of the above reasons (or for any other material breach of Contract by Homeowner) for a period. .of _seven. (7) days after -notice, and the Homeowner has failed to cure the default, then Contractor may, without prejudicing any other remedies Contractor may have, give written notice of termination of the Contract to Homeowner and demand payment for all completed work and materials ,ordered through the date of work stoppage, and any other loss sustained by Contractor, including the balance of the Contract. Thereafter, Contractor is relieved from all other Red Apple Renovations Page 4 . I . contractual duties. Upon such termination, the Contractor shall have all remedies provided by law, including such lien rights as then apply. The Homeowner may terminate this Contract upon the following conditions: a. Any other failure to perform this Contract required by the terms of this Contract. -c. No terminationr shall be effective -unless 17 days notice of Homeowner's intent are given as provided below, during which time the default may be cured by the Contractor. 9. DISPUTE RESOLUTION AND ATTORNEYS' FEES a. Dispute Resolution. The Contractor and the Homeowner hereby mutually agree in advance that in the event that the Contractor has a dispute concerning this contract, the Contractor may submit such dispute to a private arbitration service which has been approved by the Office of Consumer Affairs and Business Regulation and the consumer shall be required to submit to such arbitration as provided in M.G.L. c. 142A� Contractor: Homeowner: Homeowner: NOTICE: The signatures of the parties above apply only to the agreement of the parties to alternate dispute resolution initiated by the Contractor. The Homeowner may initiate alternative dispute resolution even where this section is not signed separately by the parties. b. Small Claims Court. Any controversy or claim arising out of or related to this Contract involving an amount of less than $2,500.00 (or the maximum limit of the court) must be heard in the Small Claims Division of the District Court in Essex County. c. Attarneys' fees. In the event of any litigation between the parties relating to this Contract, the party against whom any adverse final judgment is entered (as specifically determined by the Court), following the expiration or exhaustion of all appeals, shall reimburse the other party for such party's costs and expenses (including, without limitation, all reasonable attorneys' fees, expenses and disbursements) of such litigation. d;. Inquiries Regarding Contractor.. All home improvement -contractors and subcontractors shall be registered and that any inquiries regarding a contractor or subcontractor relating to a registration should be directed to: Registration Division, Program Coordinator One Ashburton Place, Room 1301 Boston, MA 02108 Tel: (617) 727-30.0.0 ext 2523.9 10. WARRANTIES a. The work of the Contractor, including materials and labor, shall be guaranteed for a period of three (3) years during which period Contractor shall at its own expense correct any defect arising from its work unless Paragraph 7 of these General Conditions applies. This provision -is in lieu of all other warranties, express or implied, Red Apple Renovations Page 5 and Homeowner has no action at law or in equity against the Homeowner after said date. b. Any and all warranties for appliances or mechanical systems shall be delivered to Homeowner when Contractor's final .payment is received. 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. 11. OTHER ITEMS a. The Contractor may place a trash container, commonly called a dumpster, on your property -during the course of the -project. The Contractor will snake every effort to locate the dumpster in a location that is convenient for the Homeowner. The Contractor is not responsible for any damage to your lawn or driveway caused by the delivery or removal of the dumpster. b. The Contractor may place a portable restroom on your property during the course of the project. The Contractor will make every effort to locate the portable restroom in a location that is convenient for the Homeowner. The Contractor is not responsible for any damage to your lawn or driveway caused by the delivery or removal of the portable restroom. c. The Contractor may place a lawn sign on your property during the course of the project. The Homeowner will notify the Contractor of any objections to the sign being placed prior to the start of the project. d. By signing this contract, you are giving Red Apple Renovations permission to use video footage or photographs of your project for internal use as weft as use on our web site and other forms of advertising. The street address of your home as well as any video footage or photographs of you or your family will not be used unless you give separateexplicit permission. e. Red Apple Renovations places orders for the materials required for your project in the way that is most efficient for your project. In some cases, the cost of an item may increase in the: time between contract signing and ordering the item. If tl is occurs, the Homeowner will be informed of the change in price and can choose to approve the additional cost or select an alternate item. Also, in some cases, an item may no longer be available in the time between .contract signing and ordering. the item. If this occurs, the Homeowner will be informed and can select an alternate item. Red Apple Renovations is not responsible for any changes in the cost or availability of an item between contract signing and the time the item is ordered. f. During the course of the project, Red Apple Renovations may send you documents to sign via electronic signature. You will have the opportunity to review these documents prior to signature as well as to review the terms of the electronic signature process. The Homeowner agrees that any documents signed by a electronic signature are valid as if they were signed by a handwritten signature. 12. NOTICES Notices may be sent to either party at the addresses shown above, or mailed by certified or registered mail. Any mailed notice shall be deemed given as of the date of mailing. 13. 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. .14—ENTIRE AGREEMENT This Contract consists of the documents defined above, and constitutes the entire agreement of the parties. It can be modified only by a written document. Red Apple Renovations Page 6 NOTICE OF CANCELLATION You may cancel this Contract, without penalty or obligation, within three (3) business days from the date this Contract is fully executed. If you cancel, any property traded in, any payments made by you under the Contract, and any negotiable instruments executed by you will be returned within ten (10) business days following receipt by the Contractor of your Cancellation Notice, and any security interest arising out of the Contract will be cancelled. If you cancel, you must make available to the Contractor at your residence, in substantially as good condition as when received, any goods delivered to you under this Contract; or you may, if you wish, comply with the instructions of the Contractor regarding the return shipment of the goods at the Contractor's expense and risk. If you do make the goods available to the -Contractor and the Contractor does not pick them up within twenty (20) days of the date of Cancellation, you may retain or dispose of the goods without any further obligation. If you fail to make the goods available to the Contractor, or if you agree to return the goods to the C -on- tractor and fail to do so, then you remain liable for performance of all obligations of the Contract. To cancel the Contract, mail or deliver a signed or dated copy of this Cancellation Notice or any other written .notice, or send a telegram to RED APPLE RENOVATIONS at 2.05 ANDOVER STREET, UNIT 10, ANDOVER, MASSACHUSETTS 01810 not later than midnight of the third (3rd) business day after the execution of the Contract. Date: I HEREBY CANCEL THIS .CONTRA.CT_. Homeowner: Massachusetts's law requires that all home improvement contracts contain two notices of cancellation. If you do not intend to cancel this contract, please do not sign this page. Red Apple Renovations Page 7 NOTICE OF CANCELLATION You may cancel this Contract, without penalty or obligation, within three (3) business days from the .date this Contract is fully executed. If you cancel, any property traded in, any payments made by you under the Contract, and any negotiable instruments executed by you will be returned within ten (10) business days following receipt by the Contractor of your Cancellation Notice, and any security interest arising out of the Contract will be cancelled. If you cancel, you must make available to the Contractor at your residence, in substantially as good condition as when received, any goods delivered to you under this Contract; or you may, if you wish, comply with the instructions of the Contractor regarding the return shipment of the goods at the Contractor's expense and risk. If you do make the goods available to the Contractor and the Contractor does not pick them up within twenty (20) days of the date of Cancellation, you may retain or dispose of the goods without any further obligation. If you fail to make the goods available to the Contractor, or if you agree to return the goods to the Contractor and fail to do so, then you remain liable for performance of all obligations of the Contract. To cancel the Contract, mail or deliver a signed or dated copy of this Cancellation Notice or any other written notice, or send a telegram to RED APPLE RENOVATIONS at 206 ANDOVER STREET, UNIT 10, ANDOVER, MASSACHUSETTS 01810 not later than midnight of the third {3`d} business day after the execution of the Contract. HEREBY CANCEL THIS CONTRACT. Date: Homeowner: Massachusetts's law requires that all home improvement contracts contain two notices of cancellation. If you do not intend to cancel this contract, please do not sign this page. Red Apple Renovations Page 8 Exhibit II - The Project Repilace Front Door The following work will be done: • 'Remove and dispose of the existing- front door, interior trim and exterior trim. • Install a new front door unit with two sidelites. This proposal includes an allowance of $1,700 for a new door unit. The final cost of the door will be determined by the selection made by the homeowner. • install and paint new interior and exterior trim. • This proposal does not include the cost of any additional damage found during the door replacement. if any additional damage is found, the homeowner will approve the additional cost of the repair in advance. Replace Serie Entry floor The following work will be done: • Remove and dispose of the existing side door, interior trim and exterior trim. • Install a new side door to match the existing door. This proposal includes an allowance of $500 for a new door unit. The final cost of the door wiil be determined by the selection made by the homeowner. is instal and paint new interior and exterior trim. • This proposal does not include the cost of any additional damage found during the door replacement. if any additicsnal damage is found, the homeowner will approve the additional cost of the repair in advance. Replace Rear Sliding Door The following work will be done: • Remove and dispose of the rear sliding side door, interior trim and exterior trim. Red Apple Renovations Page 9 • Install a new sliding door. This proposal includes an allowance of $1,250 for a new door unit. The final cost of the door will be determined by the selection made by the homeowner. • Install and paint new interior and exterior trim. • This proposal does not include the cost of any additional damage found during the door replacement. If any additional damage is found, the homeowner will approve the additional cost of the repair in advance. Replace Bow Window The following work will be done: • Remove and dispose of the existing bay window, interior trim and exterior trim. • Install a new bay window unit door. This proposal includes an allowance of 1,650 for -a new window unit. The final cost of the door wilt be determined by the selection made by the homeowner. Install and paint new interior and exterior trim. • This proposal does not include the cost of any additional damage found cluring-the door replacement. If any additional damage is found, the homeowner will approve the additional cost of the repair in advance. Replace Attic Hatchway and Ladder The following work will be done: • Remove and dispose of the existing basement hatchway and ladder • Install a new basement stairs and hatch. • The new stairs and hatch will be the following a metal telescoping attic stairway or equivalent. Repair Structural Framing In Basement and Rebuild Basement Stairs The -fattowing work will be done.- 0 one. • Reattached the framing header behind the basement stairs. This header is not properly fastened and is causing the floor above -to sag. • Remove and dispose of the existing basement stairs. • Build new basement stairs using 2 x 12 stringers (the framing and supports the stairs) and plywood stair treads. Red Apple Renovations Page 10 • The stairs will have open risers. Upgrade Attic Insulation and Venting The following. work will: be done:. • The existing attic insulation will be removed and disposed of. A. The second floor :ceWni g wil# be inspected €flr air -} efrations and all visibife- penetrations will be sealed. New blown -in cellulose insulations -will -be installed in, the attic to -a level of 1-2 inches thick. This will provide R-38 insulation. •New blown -in cellulose -insulation -will be installed behind thedrywall tin the front wall of the second floor and in the roofs of the front dormers. All holes -opened, -up will be -patched. -Replace-Interior Door The following work will be done: • R:emove-and dispose -of the -existing. -entry door to -the, left rear bedroomL-Of the house. • Install. -a-new -six-panel wood door, door frame -(door assembly) -and door tarn: • The door assembly will be made from pine. The -new -door assembly wifl be stained. The new stain-wi#1 be as close to tfrer existing trim and doors in the house as can be found in locally available products. Due to the age of the stain -in the rest -of the -house., the -crew door assembly will not match exactly the rest of the trim. • A -new, lockset will be-instafled on the new door. The lockset will! be the same type, or equivalent, as is on the rest of the interior doors on the second floor. Replace Basement Entry Door The following, work will -be done: • The existing basement entry door (door from the basemen to the exterior basementstairs,, will be removed -and disposed of. • A new door assembly will be installed in the existing opening. The new door will -be a -solid -fiberglass door. This document includes an allowance of $251) for a new door. Red Apple Renovations Page 11 • A new lockset will be installed on the new door. Replace and Upgrade Basement Insulation The following work will be done: • The existing insulation in the basement will be removed and disposed of. • The existing_ basement wallframing: will, bee-discor}nected acrd -moved, away from the basement walls. This wall framing will be set aside for reinstallation. • New two .inch expan,dead.. foram, insulation- will -be -banded, to the walls. Tfris farm - of insulation does not allow for mold to grow. • The existing: wall. framung will, be reinstalled. The -crew watt- framing -will;be installed with a pressure treated bottom plate over a waterproof membrane. This wiIl prevent any water -from -g.etting into the _floor #raining, €roar the basement floor. Other Projects The following work will be done: • Separators will be installed in the basement in any areas where existing copper water pipes and steel gas pipes. • The existing dryer vent will be removed. New solid ductwork will be installed for the dryer vent. The new dryer vent will be fastened to the outside of the house. Red Apple Renovations Page 12 Office of Consumer Affairs and Ausiness Regulation 10 Park Plaza - Suite 5170 Boston, Massachusetts 02116 Home Improvement Contractor Registration Registration: 138132 Type: Private Corporation Expiration: 2/20/2013 Tr# 208672 RED APPLE RENOVATIONS, INC. - - CHRIS MATEY ----- — --- 32 WASHINGTON AVE. ----- _—_- ANDOVER, MA 01810 Update Address and return card. Mark reason for change. F-1 Address L Renewal [-j Employment Lost Card DPS -CAI rp 50M-04/04-G�101216 Office efor?yWff`r?�`�'B>Ylirtey��> License or registration valid for individul use only HOME IMPROVEMENT CONTRACTOR before the expiration date. If found return to: 'Registration: 138132 Type: Office of Consumer Affairs and Business Regulation Expiration 2/20/2013 Private Corporation 10 Park Plaza - Suite 5170 e' LE RENOVATIONS;-INC. Boston, MA 02116 REtfl�AftP CHRIS MATEY 32 WASHINGTON AVE: ANDOVER, MA 01810 Undersecretary of id without signature