Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
Home
My WebLink
About
Building Permit #532-2016 - 60 Water Street 10/29/2015
r -t BUILDING PERMIT TOWN OF NORTH ANDOVER IIAPPLICATION FOR PLAN EXAMINATION Z., 70 k) Date Received Permit NO: Date IMPORTANT• Applicant must complete all items on this page I n r�iln�f'i rw (,ll Aik(Ob .:'.Z lam" Aft. :J- u MAI? NO ie _7777 Pant L � u _PAROEL. ZOt11NG DISTRICT: Iistonc4istr�ct§ no .. lNach�ne'Shop V<{lag, TYPE OF IMPROVEMENT PROPOSED USE Residential Non- Residential ❑ New Building ❑ One family ❑ Addition VFWO or more family ? ❑ Industrial ❑Commercial Alteration No. of units: ❑ Repair, replacement ❑ Assessory Bldg ❑Others: Demolition ell Q Spt►c; V1/. LEI ❑ Other [F#oi,plain Wetlands s _ (> VVatersed,p�stnt t OWNER: Name: Address: 117 %A,`t``,> 37TE-11A Phone: 14117 (s L5 (D _ R "" NO Phone ARCHITECT/ENGINEERaA PTC Fl7�7fEC.Phone: q76, !Q« Address: &5�5- yReg. No. FEE SCHEDULE: BOLDING PERMIT: $12.00 PER $1000.00 OF THE TOTAL ESTIMATED COST BASED ON $125.00 PER S.F. At Total Project Cost: $ - `1% FEE: $� I Check No.: Receipt No.: NOTE: Persons contracting with unregistered contractors do not have access to the guaranty fund 0 t � BUILDING PERMIT TOWN OF NORTH ANDOVER APPLICATION FOR PLAN EXAMINATION Permit No#: Date Received Date Issued: IMPORTANT: Applicant must complete all items on this page CT • Print4 � . fPROPt RTjY OWIRR' P int° 100 Yea Struc u e ems 4 " / P' i;PARC,EL ' Z®'N'(NG.a190ORIiCT:' iHisto`r c ®istnct Vies fn®e -r_�.. _ 9' R,.�—y — -- . �.w moi.. G _- ..�.. '� s +a �e.� -�— - `t-M3ac ne Shop Vil ge °_ dyes - (InL& -- 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 ®€Septic _❑Well D1FIood larn�1iUet=la`nds;sgt °a erSt hed®:ism trictR ��Water/Sewer ' _ I� DESCRIPTION OF WORK TO BE PERFORMED: Identification - Please Type or Print Clearly OWNER: Name: Address: Phone: C�ontractoor Namek E+aaflk (Address ° • Supervisor'°��Construction }Llcence ' -._,�. .� +Expo �®� . _`` hH fEX `� ®ate# Imp®+uementLicense4,~_..p ARCHITECT/ENGINEER Phone: Address: Reg. No. FEE SCHEDULE. BOLDING PERMIT. $12.00 PER $1000.00 OF THE TOTAL ESTIMATED COST BASED ON $125.00 PER S.F. Total Project Cost: $ FEE: $ Check No.: Receipt No.: NOTE: Persons contracting with unregistered contractors do not have access to the guaranty fund � gnature. ®f /�g�enyt/�O nw e�� .., " � aS'ignature�of�cont�act©�� Plans Submitted ❑ Plans Waived ❑ Certified Plot Plan ❑ ' ;Li Stamped Plans ❑ TYPE OF SEWERAGE DISPOSAL Signature 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 PLANNING & DEVELOPMENT Reviewed On COMMENTS Signature. 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 sbonservation Decision: Comments Water & Sewer Connection/Signature & Date Driveway Permit DPW Town Engineer: Signature: Located 384 Osgood Street F RAE D'EPi�.RTMEN,.TTemp ®u prs: er on sitter dyes Located atf�2�4 IVlain St�,eet� .-• ` ,� � � x � � ,� COMµMENTS - z. a l Dimension Number of Stories: Total square feet of floor area, based on Exterior dimensions. Total land area, sq. ft.: ELECTRICAL: Movement of Meter location, mast or service drop requires approval of Electrical Inspector Yes No DANGER ZONE LITERATURE: Yes No MGL Chapter 166 Section 21A —F and G min.$100-$1000 fine NU I t5 ana UA I A — wor department use ❑ Notified for pickup Call Email I I Date Time Contact Name Doc.Building Permit Revised 2014 Building Department The following is a list of the required forms to be filled out for the appropriate permit to be obtained. Roofing, Siding, Interior Rehabilitation Permits ❑ Building Permit Application ❑ 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 VOTE: 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/Cross Section/Elevation Plan Of Proposed Work With Sprinkler Plan And Hydraulic Calculations (If Applicable) ❑ Mass check Energy Compliance Report (If Applicable) ❑ Engineering Affidavits for Engineered products DOTE: 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 TOTE: All dumpster permits require sign off from Fire Department prior to issuance of Bldg. Permit In all cases if a variance or special permit was required the Town Clerks office must stamp the decision from the Board of Appeals that the appeal period is over. The applicant must then get this recorded at the Registry of Deeds. One copy and proof of recording must be submitted with the building application Doc: Building Permit Revised 2014 1p HO Q LU LL Q COC N aU+ y \ O LL E v TO N U fl0 (U. In W a Z z 0 J m C .2 N 'O 3 LL t Z$ Of O1 C U LL d N z Z 00 C 6 i d t CLO 3 w @ LL C H Z ULn Ra u J W t � d' V i In LL oc U a z (7 t d' LL z 2 a W D W 5 _ LL N i m O z - v N N Q N .4 O N I zam s v v 0 W O E s: Z I 01- MM - N Q � • .� W W r .fir C O 0 O 0 CL a CL CF)CA 0 v J � �CL0 4) cn Z � O U U) _c Q -—(OI2c�(� - ���' �� � _`� LANDMARK Structures Corporation C. �� Sedi;Zeren Proposal MindowsA RCG LLC Development Manager 17I"116 Si suite 100 Date Somerville, MA 02143 ( p• Z7,. ( � : Re:. West Mill, North Andover, MA #23505 . DearSeth, For thesum of $770,012 Landmark structures Cortygra,ion proposes to complete the following work: to supply and install windows for the West Mill building. This Pro for work listed only..Atl oWer.wor.k is excluded.:: `' '' ' • . • Labor/Material::. •..,...: Amount. Extens ion -Subcontractors: . ' $618,630 Demo/r em ove exis6rig windows .$30,500 $314;430 Supply windows Install ,;4dows ` ' $170;800 208 $75'ea ;::f : ;z; . • .. :. $15;600 : s -:1lttei bt -top On alirication and insta ( (a� �,;., .... `$45,140 :Install: exterior caulking . •i ':,$34,160 install interlor caulking $8000, -Po :Dumpsters". tiiidipste{s� )•' . 5 .. ��•:.:. Hours.. •;. $31;500 Y;: •<s`..':;,: :: a' is t Sri er '$75./, Hf): • :280. •' $2 00 .. P. {� .SUBTOTAL b's25% $20,627 Tait on materials'; ; . ',} `.` 15 LSFee-OH"/P{14/o) LS Insurance 0%u $0 . • TOTAL -This price for work. -fisted -only." only:' AII other work isAXcludCA This priced is based up6ifi*dmark.authofizatiou: �i8 to proceed with the:proposad wbrk by 9/14115. -If this work is not.authorized.by req—.date, Landmark )' ` 4 �...� may require additional costs arid / or time to perform this work. •This proposed change order work requires a <3 Da� G}- 4. contract time extension. Landmark reserves its rights to seek additibnal general conditions compensation for all. c,X.. . all approved change orders. If landmark is awarded Phase 2 unit construction then the cost for super an PM will b C j,1JC. If this change is acceptable to you please indicate your approval and authorization to proceed by signing below. We will then incorporate this into the next change order. Sincerely, Accep ' Connor Olson C.. Assistant Project Manager . 282 Montvale Avenue, Woburn, MA 01801 9 Phone: (781) 378-1801 Fay (781) 376-1802 3ATI Co m ' St (. Bmin ree.M 02-184' 'Estimate .����;Liii„ir!��Y�' �p��j .I�CiRKF �•iC *nd TUB FiFhai�sa!(«l i; <' �arF�'�:i�i�i k�p . �)���5�!�',t;••�{�!�. ..,a,.;X?���T� �.�►atr�i'-{�FPT,Mt� . Milk Gam' :S'+c'siatr»'tt� •Fax; ,.. ° Ilowful, Wk u�r$�:p{�,": i QPa:.:.' ..:.. :. ,...:c *nd TUB FiFhai�sa!(«l i; <' Fhodtt�>e�sdsittte;p i?rrn/iatly Ilowful, Wk u�r$�:p{�,": M Y.". , -.A .� . f.. •t ,t�arf�:itu��ak "et•�in[sla,i �' ..�,.� , . : <•�' .. .. - .. . -rem r: t': S .fit.. ��� tom• :,:..::� • , . ':�,. a .y N: y� MOW l�c�r . 't... .p •- � y _ F: 1 i!V'. 4: p� _ $13sos00:.; ' $2$7ZR40,00'. interior &:exterior'to� aluminum-panel-custon-made-half<round' . 208 =, t+lm pl 1t dU4- ' i'S-t DO ' Hut1 - VIEi ,: ! .xF. - 23 ..:: : °76A € . , .'$.�7;�250:aQ r }�:'�,.Qi,Ni, : X08 Go-lli2 54 1?iM0— SW TO jay.. 282. UMts Aft* _ .. . Gtr - -Cumftre� ac istn�;E E t Ut.N Qst 54 +5':qFINDOWa,in ' �:. �;'w; rndbW�.5`:`/(n� y���y.'p`}��/��y �y{!} ,meq ���'•' .,5ri.•`.3rat;:.,i'1i� ?:Z>S@tii4?� ;'¢•.: , ::i..., �pyf�� „!' n�jy�y Q�p�� c ir�'t..' ♦ � - t• Olft- OctM �5 't! }e`'n r Einpiow Car& :w�t 74!lil�l;Im ,'Rp��i `.;Yi fR�Fy•[!1/jb#FIfR'R7.1•�♦.1',: .. }�^� :f .;. :a0.{r:''�. .. ., �:i:v�l. j� _'� .y(V{i� ..-�. �R�i:Iil�•©l�a7f-ti .. -. .... . •. I t4t� t ls'Ei l.l:1'F[t la�i 1. of tlstir Rt:i S, fi1-244. 010 0, E3 LY.Y ' ...''a.W%iV'tR 4f�14V.V V . A -AA Roy a'1:Conatruefl-on Inc �:21.+irl :fit 'oc ba •Y . aaar Alcon l ;' :: 'Y : trucion.om :-oo z2S `2 .. . La�tdm�Struc�u_ •�aipot��orr � Lendr�a-tt�`S. ,`:��.`.•..•�',,.'. �,`�•..-�pora�a� - - • .. t:�+ia�c . C�P� :0�it�rt�r- � rrrm� .. � . k. +ld .•� Wn9 ti r�or+an :"' . •, :... l . #:EJO x,160;00 Ra W—A X�•�'jS;��'lR1f�,!.1•t�., WO".?`R 11G rn , dafi :' i hI amide: '� �it��i-s(tr��Qti`�ictc=i�u - ..., .;,::' . �;.:, .�•1�4i0:q� . 1:t�� -• �' :,y •�i�7���R17#IIM�.iREiNl'+IE �`}' ��'>z: . ��y•� c ,J 1MA'J,�/M2�''j�TM ,RYFi.•:yVM�I ill ?..f]/I ..{Yy�Ylr:1olo `r"^: •Ml,�. �r 'r .. ... �'�..' .. n .. t '�Mll{i ll.w.1+�MIVI �.�IWYS '�ti�MWRFA Y�"�L.MI' . I. \ �r • .. .. . I�� .. -'a':�filFt�, Y;'�ar's1Y�er•a�t:ftatstti�g:.' - .. _ ... "�,... - Pttl�Ce;l'�c�if �utr8tl �►�a� b�: . � ::Gaiterai•:��€i::..... ... I •6';1,830.00 � �• 7i�t<: fir i�;�o ` .f,;1�, . � , &mss `Cax •�} • 20;262.00 p1�A.ii[ tt y�ic h�elte'a �•2092:00 ��.. , td'f'at�! .63 Project: West Mill 60 Water Street North Andover, MA Subcontract Agreement Architect: I ---------- Saam Architecture 655 Summer Street Boston, MA 02210 This Agreement, made as of this 15th day of October, 2015 , by and between: Name: AAA Royal Construction (hereinafter called "Subcontractor") Address: 321 Commercial Street Braintree, MA 02184 Telephone: 800-225-4082 Contact: Joe Boyd Fax: Tax I. D. Number:4-4-1 �f (J ✓17� r AND: Landmark Structures Corporation (hereinafter called "Contractor.") 282 Montvale Avenue Woburn, MA 01801 Tel: (781) 376-1801 Fax: (781) 376-1802 For the consideration hereinafter recited, Subcontractor and Contractor covenant and agree as follows: Article One — Contract Documents: The following Exhibits are incorporated as part of this Agreement: . EXHIBIT A: Scope of Work EXHIBIT B: Schedule of Values EXHIBIT C: List of Plans and Specifications and other Contract Documents (the plans and specifications themselves also ate fully incorporated herein) EXHIBIT D: Lien Waiver EXHIBIT E: Weekly Utilization Form (if any) Additionally, the Subcontractor agrees to be bound to the Contractor for the performance of the Work by the terms of the General Contract, including all documents incorporated therein ("the General Contract") and to the fullest extent permitted by law Subcontractor assumes to the Contractor all of the responsibilities and obligations that the Contractor by those documents assumes to the Owner related to Subcontractor's Work, including all general conditions and supplementary/or special.conditions. (a) The Exhibits listed above and the General Contract, together with this Subcontract Agreement and the other documents described herein, are hereinafter referred to as the "Contract Documents." The terms "Subcontract" and "Agreement," as subsequently used herein shall mean the "Contract Documents" unless specified otherwise. (b) The Contract Documents may be amended or modified only by a written Change Order. (c) Change Orders also shall become a part of the Contract Documents and are fully incorporated herein. (d) The Contract Documents are intended to complement one another, shall be construed to give full force and effect to all provisions thereof, and shall be read as cumulative whenever possible. In the event of any conflict between the provisions of the Contract Documents, the provisions providing the higher, more rigorous standards of Subcontractor's performance, shall govern. (e) The Subcontractor shall be furnished copies of the Contract Documents upon request, but the Contractor may charge the Subcontractor for the reasonable cost of reproduction. It shall be Subcontractor's responsibility to obtain and familiarize itself with these documents and its failure to review the Contract Documents shall not serve as a defense to enforcement of any terms of this agreement. Subcontractor agrees that it has been afforded every opportunity to review the Contract Documents and that it is content with its review or the opportunity to have reviewed the Contract Documents. (f) The Contract Documents shall not be construed to create a contractual relationship of any kind (1) between the Architect and the Subcontractor, (2) between the Owner and the Subcontractor, or (3) between any persons or entities other than the Contractor and Subcontractor. Article Two — The Work: (1) Subcontractor will perform all work in accordance with the Contract Documents and all applicable building codes, statutes, regulations and ordinances and shall be responsible for obtaining all requisite permits to perform its work. The Subcontractor warrants and represents that it has all applicable licenses to perform the work, and that its employees are duly trained, licensed, certified, and experts in the work they are to perform, The Subcontractor will furnish all materials, proper supervision, tools, supplies, labor, transportation, hoisting, insurance and equipment and everything else to fully construct and perform in a first class, professional and workmanlike manner, the following described work ("the Work" or Subcontractor's Work") upon and within the property and structures described, and as further described in Exhibit A: Windows (2) The Subcontractor shall supervise and direct the Work, and shall cooperate with the Contractor in scheduling and performing the Work to avoid conflict, delay in or interference with the Contractor's work, that of other subcontractors, and the Owner's own forces. The Subcontractor shall participate in the preparation of coordination drawings as the Contractor requires, specifically noting and apprising the Contractor of potential conflicts between the Work of the Subcontractor and that of the Contractor, other, subcontractors, or the Owner's own forces. (3) The Subcontractor agrees to use only competent labor to perform the Work and to protect any work already in place, or materials or equipment on site (wherein the Work materials or equipment is its own or another's), from damage and Subcontractor agrees to protect the work of others from damage by this Subcontractor's operation. The Subcontractor shall not employ anyone whose employment on the project may be objected to by the Contractor, Architect, or Owner. The Subcontractor shall furnish a work force that can work in harmony with the other workers on the project. Subcontractor hereby certifies to Contractor that it and all of its subcontractors and suppliers, operate in full compliance with all immigration and naturalization laws and that they also are in full compliance with all federal and state wage related laws. (4) The Subcontractor agrees to obtain and pay for all bonds, permits, fees, and taxes (including sales tax) necessitated by Subcontractor's operations concerning the Contract Documents, and all fines caused by its employees, subcontractors and their lower tier subcontractors, or materialmen. Subcontractor agrees to reimburse Landmark for all fines levied upon Landmark by OSHA that are the result of actions taken or not taken by Subcontractor or its employees or sub -subcontractors. This responsibility includes fees for police details, street permits, sidewalk permits, fire watches, inspection fees or any other cost initiated by a governmental or municipal agency. Subcontractor warrants and represents that all related costs are already included in its Subcontract Price herein. Prior to performing any Work hereunder, any out-of-state Subcontractor shall provide evidence to the Contractor of the filing of all necessary bonds with the Massachusetts Dept. of Revenue. To the fullest extent permitted by law, the Subcontractor shall exonerate, indemnify, and hold harmless the Contractor from all loss, liability, damage, and expense arising out of the breach of Subcontractor's obligations hereunder. Freight charges on all shipments to the project must be prepaid by Subcontractor. (5) Preparation and submittal of shop drawings and other submittals for the Subcontractor's work shall be started immediately and these obligations of the Subcontractor shall be performed so as not to delay the Work required hereunder or delay the work of others. Subcontractor will submit six copies of all submittals and shop drawings or be charged for Contractor's time to make the necessary copies. If acceptable to Owner, Architect and Landmark, electronic submittals will be accepted. (6) The Subcontractor shall furnish to the Contractor periodic progress reports and schedules concerning the Work as Contractor requests, including information on the status of materials and equipment, which may be in the course of preparation, manufacture -or transit. (7) The Subcontractor agrees that the Contractor, the Architect, and the Owner will each have the authority to reject the Work and any portion thereof that does not conform to the Work specifications or other Contract Document requirements. The Subcontractor agrees that all material and labor and the resulting product furnished therefrom must meet with the complete satisfaction of the Owner, Architect and Contractor. Rev. 03/14 (8) Subcontractor shall, at its own cost, promptly remove all rejected materials and take down and rebuild all portions of the Work condemned or rejected by the Architect, Owner or Contractor, and other work damaged or destroyed thereby, upon receiving written notice of such condemnation or rejection. Subcontractor shall take whatever action is needed to correct the Work so as not to delay the project. Debris and empty boxes shall be broken up and deposited in the dumpsters in a compact manner so as to fill and utilize dumpster capacity efficiently. Subcontractor shall not deposit any hazardous or regulated materials or debris, including paints, solvents, oils, hydrocarbons, chemicals or tires, into Contractor's dumpster. (9) The Subcontractor shall, at its own cost, haul, unload, handle, store, hoist, relocate as directed, erect, and protect the materials and Work covered under this Subcontract until final acceptance by the Owner, and shall broom clean and remove from the site on a daily basis all rubbish and/or debris accumulated as a result of the performance hereof, and shall provide sufficient, safe, proper facilities at all times for the inspection of the work by the Architect, Owner or Contractor, or the authorized representative of any one of them. If Subcontractor fails to clean up after his own Work and/or fails to deposit its debris in the dumpster within 24 hours of notice to do so, Subcontractor hereby authorizes Contractor to do this forthe subcontractor, without any further notice, and Subcontractor hereby authorizes a payment to Contractor of $75/hour for this service. Payment shall be made by a "deduct" change order to the subcontractor. (10) Prior to starting any Work, Subcontractor shall take the necessary field dimensions and verify any existing conditions to ensure the Work will properly fit with the existing conditions and the work of others. Subcontractor shall promptly notify Contractor in writing if any of the items Subcontractor is supplying will not fit in the designated space. Subcontractor is always responsible for taking all measurements related to its Work to ensure the proper matching and fitting of the Work of this Subcontractor with that of others, regardless of who actually performs this task. The failure to take such steps before beginning Work, or the failure to notify the Contractor of related problems in design, shall preclude Subcontractor from receiving any related, subsequent Change Order. (11) Subcontractor agrees to have a responsible person, authorized to act on behalf of the Subcontractor, attend any field coordination meeting held by the Contractor. The failure to attend a meeting when requested to do so by the contractor will result in a $300 backcharge against the Subcontractor as liquidated damages for the failure to attend. The parties agree that the backcharge is not a penalty and that the damage that will be caused by such breach cannot be reasonably determined at this time and agrees that this amount is a reasonable approximation of damages Landmark would incur as the result of Subcontractor failing to attend a field coordination meeting. (12) Unless another work schedule is required by the Project Owner, Contractor's work schedule is typically Monday through Friday from 7:00 a.m. to 3:30 p.m. Subcontractor will provide adequate manpower to be able to perform its work on schedule within these hours. Subcontractor shall be responsible for confirming in writing the Contractor's Schedule and Subcontractor hereby waives and releases all claims now existing or hereinafter arising for additional sums due based on any change in the schedule from what is anticipated as set forth herein. Article Three - Time: (1) The Subcontractor will begin said work within three (3) days after being notified in writing or verbally by the Contractor that the applicable structure or work area(s) are sufficiently advanced or in such condition to allow the beginning or continuation of the Subcontractor's Work. (2) Subcontractor is aware that Contractor must have its contract work with the Owner performed in accordance with a schedule ("Contractor's Schedule"). The Subcontractor agrees to perform its work in accordance with direction from Contractor's Superintendent and to meet Contractor's Schedule, as it may be amended and adjusted from time to time by the Contractor, and to that end the Subcontractor will perform all work as required by the progress of the job and the instructions of the Contractor. (3) The Subcontractor acknowledges that time is of the essence, and guarantees that it can supply sufficient labor, materials, and equipment to maintain and complete its work in accordance with the progress of the work the Contractor requires. (4) The Subcontractor agrees that it has taken all steps necessary to ascertain the amount of labor, tools and supervision necessary to complete the work as the Contractor's Schedule requires and that its Subcontract price includes all such costs. (5) Should the Subcontractor fail to keep up with the progress the Contractor's Schedule requires, the Subcontractor shall provide overtime work at the Contractor's sole discretion, without any additional compensation and without recourse against the Contractor. Subcontractor also shall reimburse Contractor for Contractor's supervision costs associated with Subcontractor's overtime.. (6) Should the Subcontractor fail to provide sufficient manpower and materials as required, or at any time engage in a strike or other work stoppage, or cease to work due to picketing or other such activity, Contractor may, at its option, without prejudice to any other remedies it may have, after forty eight (48) hours written notice to the Subcontractor, provide any such labor and materials and deduct the cost thereof from any monies then due or thereafter to become due the Subcontractor. In the event of an emergency, or should the Contractor in its sole discretion believe it to be necessary to immediately take action to avoid damages, including contractual related damages, Contractor may take the preceding steps without written notice to Subcontractor and without providing any 48 hours opportunity to cure. These rights do not affect or otherwise limit Contractor's termination rights as set forth in this Contract. Rev. 03/14 3 (7) The Subcontractor shall indemnify the Contractor for all legal fees, costs, damages (including without limitation, liquidated damages), awards and judgments the Contractor incurs or is ordered to pay, and for all settlements Contractor pays, as the result of, or arising from, or caused by the Subcontractor's failure to maintain the Contractor's and/or Owner's.schedule. Article Four — Changes and Claims Process: (1) The Owner and Contractor may make changes in the Work. Upon receipt of such a change issued subsequent to the execution of the Contract, the Contractor shall notify the Subcontractor. Unless otherwise directed by the Contractor, the Subcontractor shall not thereafter order materials or perform Work which would be inconsistent with the changes ordered. (2) No extra work or change order claims by the Subcontractor will be recognized, paid for, or enforceable unless agreed to in writing before the extra or changed Work is started. Any additional or changed Work provided by the Subcontractor before receiving a written authorization will be at the Subcontractor's own risk and expense, and Subcontractor will not be compensated for same. (3) Deletions of Work, if any, will require an equitable credit from the Subcontractor, as determined by the Architect. (4) All Subcontractor claims, including without limitation, those seeking changes in Contract Sum or Time, must be made within seven (7) calendar days after Subcontractor knew or should have known of the occurrence, or of the condition giving rise to such claim, unless the General Contract requires a shorter time, in which case the General Contract requirement shall govern. Claims must be made by written notice to the Contractor setting forth the change sought and an itemization of the additional payment and/or time requested, including a complete breakdown of all changes in material, labor, equipment, overhead and profit and other costs. This pricing must be submitted promptly to avoid delaying the project. (5) Changes in the Work resulting in change orders shall entitle the Subcontractor to a total fee and overhead (office, general conditions and profit) mark-up of 10% as part of the change order or the mark-up for fee and overhead allowed in the General Contract, whichever is less. (6) In the event of an agreement on changes to the Contract Sum and Time, the Contractor and Subcontractor shall execute a Change Order in a form the Contractor will provide. In the event the parties do not so agree on the changed Contract Time, but do agree on changes to the Contract Sum, they shall execute a Change Order with the Subcontractor stating on that document its position concerning Contract Time. The failure,to do so shall constitute an irrevocable, conclusive waiver of the claims for additional Time. In the event the parties agree on neither a change to the Contract Sum nor the Contract Time, the Subcontractor shall maintain time and material slips that it will provide to Contractor for daily verification of their accuracy. The failure to do so shall constitute a waiver of the disputed claim. Contractor's verification of the slips shall not constitute an acceptance of the claim. (7) Contractor's liability for payment of any change order work is subject to the same pay if paid limitation set forth in the `Payments' Article of this Subcontract. If c. 149, §29E applies to this Project, then Contractor shall have thirty (30) days to approve or reject any change order request but the change order may thereafter be rejected in writing at any time before payment is due. Subcontractor's requests for extensions of Time are directly contingent upon Owner's approval and the Owner granting such additional Time to Contractor. (8) Pending final resolution of a claim, the Subcontractor shall proceed diligently with performance of the Subcontract Work including all changes the Owner and/or Contractor order even if Subcontractor disputes that order. In the event the claim is not resolved to Subcontractor's satisfaction, it must still timely and properly complete all Work, including any Work related to the claims at issue. (9) The failure to comply with all of the requirements of this Article shall result in the Subcontractor's irrevocable, conclusive waiver of that claim. These requirements cannot and shall never be deemed altered, amended, or otherwise affected by custom and practice on the Project. Absent the Contractor's express written modification, this Article's requirement shall in all instances remain enforceable even if, for instance, Contractor previously accepts and pays other untimely Subcontractor claims during the course of the Project. Contractor shall always maintain discretion to enforce the terms of this Article. Subcontractor agrees to review and explain this Article, including its irrevocable and non-waivable nature with all of its employees responsible for submitting claims and agrees that no reliance on contrary Project practices shall be reasonable. Article Five — Indemnification: To the fullest extent permitted by law, the Subcontractor shall fully and completely indemnify, hold harmless, and defend with counsel reasonably acceptable to them, the Owner, Architect and Contractor, their agents, servants and employees, from and against all claims, damages, losses and expenses, including but not limited to attorney's fees, arising out of, caused by, or resulting from the performance of the Work associated with this Contract or other conduct of Subcontractor, provided that any such claim, damage, loss or expense (1) is attributable to bodily injury, sickness, disease or death, or to injury to or destruction of tangible property including the loss of use resulting therefrom, and (2) is caused in whole or in part by any act or omission of the Subcontractor, or any of its subcontractors, suppliers; officers, agents, employees, servants, or any other persons directly or indirectly employed by the Subcontractor or anyone for whose acts any of them may be liable, regardless of whether it is caused in part by a party indemnified hereunder. Such obligation shall not be construed to Rev. 03/14 4 negate, abridge, or otherwise reduce any other right or obligation which would otherwise exist as to any party or person described in this paragraph. The indemnification obligation shall not be limited by the amount or type of insurance provided. Article Six — Insurance: The Subcontractor shall, before commencement of work, obtain and pay for the following forms of insurance and Subcontractor hereby agrees that the terms of any other agreement between the parties will not extinguish or supersede the requirements set forth herein: (1) Subcontractor shall maintain workers' compensation, general liability, automobile, and umbrella insurance for the minimum amount required by the General Contract or as outlined below, whichever limits and coverages are higher. Insurance certificates must be provided prior to Subcontractor being on site. Attached to each insurance certificate shall be a copy of the Additional Insured Endorsement that is part of the Subcontractor's Commercial General Liability Policy. These certificates and insurance policies shall contain a provision that coverage that is afforded under the policies will not be cancelled or allowed to expire until 30 days' prior written notice has been given to Contractor. The Contractor and anyone the Contractor is itself required to add as additional insureds pursuant to the General Contract, shall be named as additional insureds on a primary and non-contributory basis on all liability and excess policies. Coverage for Contractor shall include Completed Operations coverage. (2) Minimum required insurance limits (coverage on an occurrence basis): A. Commercial General Liability (CGL) with limits of liability not less than $1,000,000 each occurrence and $2,000,000 annual aggregate. a. If the CGL coverage contains a General Aggregate Limit, such General Aggregate Limit shall apply separately to each project. b. CGL coverage shall be written on ISO Occurrence form CG 00 01 (10 93) or a substitute form providing equivalent coverage and shall cover liability arising from premises, operations, independent contractors, products completed operations, and personal and advertising injury. c. . Contractor, Owner, and other parties required of the Contractor shall be included as insureds on the CGL using ISO Additional Insured Endorsement CG 20 10 (11 85) or CG 20 10'(10 93) AND CG 20 37 (10 01) or CG 2033 (10 01) AND CG 20 37 (10 01) or an endorsement providing equivalent coverage to the Additional Insured's. The insurance for the Additional Insured's shall be as broad as the insurance provided for the named insured Subcontractor. It shall apply as primary and non-contributing insurance before any other insurance or self- insurance, including any deductible, maintained by, or provided to the Additional Insured. d. Subcontractor shall maintain CGL for itself and for all Additional Insured's for the duration of the project and the project's warranty period and shall also maintain the Completed Operations coverage for itself and each Additional Insured for at least six (6) years after Substantial completion of the project. e. The Subcontractor's general liability insurance must.include coverage for lead paint claims on any project where lead paint exists on the project and coverage for any pollution or hazardous material claims. B. Automobile Liability a. Business Auto Liability with limits of at least $1,000,000. b. Business Auto coverage must provide coverage for liability arising out of all owned, leased, hired, and non -owned vehicles. c. Contractor, Owner, and all other parties required by the General Contract shall be named as Additional Insured's on the Auto Liability Policy. C. Commercial Umbrella a. Umbrella Limits must be $2,000,000 or greater. b. Umbrella coverage must include as Additional Insured's all of the parties required to be insured by the CGL policy. Workers Compensation and Employers Liability a. Employer's Liability Insurance limits of at least $500,000/person each accident for bodily injury by accident and $500,000 each employee for injury by disease. b. Where applicable, U.S. Longshoreman and Harborworkers Compensation Act Endorsement c. shall be attached to the policy. Where applicable, the Maritime Coverage Endorsement shall be attached to the policy. d. Workers Compensation must include coverage for all of subcontractor's employees including its owner or owners or partners. (3) Upon signing of this Subcontract, the Subcontractor shall submit original (not copies or faxes) Certificates of Insurance to evidence all of the above coverage. The Contractor shall be entitled to rely upon the receipt of the Certificate of Insurance as evidence that the Subcontractor is properly insured and has complied with all of the obligations herein and the insurance must provide for notice to Contractor thirty (30) days in advance of cancellation. Failure to comply with the provisions of this Article shall entitle the Contractor to immediately terminate without any opportunity for Subcontractor to cure and/or Contractor may withhold payment at its sole discretion. The Contractor shall never be deemed to have waived these rights regardless of project practices and Subcontractor shall make all of its employees aware of this paragraph, including the non-waivable nature of these Contractor rights, regardless of any practice that develops on the Project. Rev. 03/14 (4) To the fullest extent permitted by law, Subcontractor waives and releases all rights against Contractor, Owner, and Architect and their agents, officers, directors, and employees, for recovery of damages to the extent these damages are covered by any property insurance, commercial general liability, commercial umbrella, auto liability, workers' compensation or employer's liability insurance. The Subcontractor's insurance, including all of its property policies, shall be endorsed with a waiver of subrogation clause waiving claims against the Contractor and Owner and neither the Subcontractor nor its insurer shall have any claims against the Contractor or Owner to the extent the claim. is or should have been covered by insurance and all such claims are hereby forever waived and released by and on behalf of Subcontractor and its insurers. Article Seven — Bonds: If requested by the Contractor, the Subcontractor agrees that he will within ten (10) days from the date of this Subcontract provide the Contractor with a payment and performance bond in the sum of the full amount of this contract, conditioned for the faithful performance of this Subcontract in all its particulars, duly executed by a surety company acceptable to the Contractor, and in the form and manner acceptable to the Contractor. If the Subcontractor fails to do so, the Contractor may immediately terminate this Agreement without further obligation or any liability. Article Eight — Assignment: Neither this Subcontract nor any rights hereunder, shall be assigned by the Subcontractor to others without prior written consent of the Contractor. Any attempt to assign this Subcontract or any rights hereunder shall, at the option of the Contractor in its sole discretion, operate as immediate cause for termination of this Subcontract by Contractor, and Subcontractor's rights hereunder and the rights of parties shall be determined in the same manner as though the Subcontractor had at the time of such attempted assignment failed and refused to continue to perform the Subcontract Work. Any such assignment to which the Contractor may consent shall not relieve the Subcontractor of any of its obligations hereunder, and the Subcontractor, shall remain liable to the Contractor therefore. In the event Contractor permits subcontracting of certain work, Subcontractor must also require each approved sub -subcontractor, by subcontract with that entity, to assume all of Subcontractor's obligations set forth herein, including without limitation, adding Contractor, Architect and Owner as additional insureds on all insurance policies. Contractor's approval of sub_subcontractor shall not create any contractual or other duty from Contractor to such sub - subcontractor. Article Nine — Payment: The Contractor agrees to pay the Subcontractor the total sum of six hundred thirty two thousand ninety two Dollars ($632,092.00) ("Subcontractor Price") for the matters herein described as follows: (1) To the fullest extent permitted by law, all payments to the Subcontractor are directly contingent upon the receipt by the Contractor of payment from the Owner, and such receipt shall operate as an absolute condition precedent to payment being due to the Subcontractor. Where operation of law precludes or limits the operation of this "pay if paid" language, then Contractor, in addition to any other contract or other legal rights, may still withhold payment if: a) Non-payment is due to Owner's insolvency; or b) Owner is withholding payment to Contractor based on allegedly deficient or incomplete work of Subcontractor or otherwise due to Subcontractor's conduct; (2) Requisitions must be received by the 14`h calendar day after first delivery of materials to the site and every 14`h calendar day following through completion of the work. Billings received after the 23rd of the month may be processed the following month. Requisitions shall be presented on a notarized AIA Document No. G702. Requisitions must be submitted in accordance with the trade payment breakdown that is attached hereto and made a part of this Subcontract. In the event G.L. c.149, §29E applies to the Subcontract, Contractor shall have 22 days to review the payment requisition. This deadline shall be inoperable if G.L. c. 149, §29E does not apply. (3) Upon receipt of the initial payment and every subsequent payment under this Subcontract, Subcontractor shall complete and return to the Contractor an executed Lien Waiver in the format per attached Exhibit D or such other format as may be required by the Owner or Owner's Lender. (4) No payment made on account of the Subcontractor's Work is to be construed as an acceptance or approval of such work nor shall entrance or use or occupancy by the Owner constitute acceptance of all or any part of the work hereunder. (5) Payment to the Subcontractor shall be made within seven (7) days after payment is received by the Contractor from the Owner. In the event the "pay if paid" limitations of No. 1 of this Article are void by statute, then payment shall be due to Subcontractor within forty-five (45) days of Contractor's approval of the Subcontractor's requisition, or any portions thereof. Should Subcontractor request a payment be made earlier than outlined above and should Contractor agree to make such earlier payment, then the Subcontractor agrees to take a 2% discount on the amount of that payment. This discounted amount will result in an equal reduction in the total Subcontract Price via change order. (6) If Subcontractor is bonded, it is the Subcontractor's responsibility to obtain surety approval of any Schedule of Values and all ,requisitions prior to submitting that information to the Contractor and the Subcontractor must keep those documents on file for surety and Contractor review. Both Subcontractor and surety agree to be bound by the Owner's and/or Architect/Engineer's decisions on the payment amount due Subcontractor. Rev. 03/14 6 (7) Application for payment for all Work completed through that date must be received in the Contractor's offices by the date the Contractor is required or has agreed to submit its payment application to the Owner or Architect. Contractor shall make progress and final payments within seven (7) calendar days of receipt of payment from the Owner. (8)The Subcontractor shall submit to the Contractor a Schedule of Values allocated to the various parts of the Work of this Subcontract, in such detail and supported by such evidence as the Contractor and Subcontractor may agree upon or as the Owner requires. Once accepted, this shall be Exhibit B as referenced on page 1, Article One. (9) The sum payable to the Subcontractor shall be made according to the following schedule: Contractor shall pay the subcontract sum in progress payments based on the percentage of completed work. The labor portion of the work will be paid on a bi-weekly basis, minus a ten percent (10%) retainage, The material portion of the work, including taxes, will be paid per the supplier's standard terms with the contractor. Payments for the material portion of the work will be made by dual party check. The percentage of work completed shall be governed by the Owner (including its designated representative) or Architect, whichever is reviewing the work for purposes of issuing payment as set forth in the General Contract. (10) The payment due Subcontractor also shall be subject to and decreased by any of Contractor' damages, claims, setoffs and backcharges, whether due to work on this project or any other project this subcontractor has with Contractor. (11) The Subcontractor agrees that it will receive any funds paid or advanced as a trust fund, to be applied first to the payment of the amount owing to any person who has performed and/or furnished work and/or materials for the Subcontractor, before using any amount for any other purpose. By applying for payment, the Subcontractor shall warrant as a corporation and shall be deemed to have warranted on behalf of its officers individually and personnally and by anyone else signing the Subcontractor's payment request, that it has obtained all release of lien forms required and that it has fully paid all subcontractors, suppliers, and materialmen all amounts due to date for their work and materials. The Subcontractor shall obtain release of lien forms from all of its subcontractors, suppliers and materialmen before being entitled to receive funds for the work completed. Those forms shall be immediately provided to the Contractor upon the Contractor's request. Before final payment, the Subcontractor shall also furnish the Contractor receipts, invoices and/or affidavits stating that all labor and bills of any nature for this project have been paid in full, that no materials have been purchased under conditional sales contracts, and that no liens for labor, material, equipment rental, or anything else have been claimed or filed. (12) If any of Subcontractor's subcontractors, their sub -subcontractors, their suppliers or materialmen, record a notice of contract or otherwise encumber the Project property, the Subcontractor shall immediately record a lien bond pursuant to G.L. c. 254, § 14 at its own cost. It shall not be a defense to this requirement that Subcontractor claims non-payment by the Contractor or Owner. Subcontractor shall indemnify, defend and hold Contractor harmless from all claims and damages as a result of any such liens being recorded. (13) Any final payment due, including release of retainage, shall not become due until the work is fully completed and accepted by the Owner and Architect, and only after payment is made to the Contractor for that work. Where operation of law precludes or limits the operation of this "pay if paid" language, then Contractor, in addition to any other contract or other legal rights, may still withhold payment if: a) Non-payment is due to Owner's insolvency; or b) Owner is withholding payment to Contractor based on allegedly deficient or incomplete work of Subcontractor or otherwise due to Subcontractor's conduct; (14) Where a bond is provided, a signed consent of surety shall be required before final payment. Should Contractor release payment to Subcontractor without the surety's consent, however, it shall not be liable to surety. It shall be Subcontractor's sole duty to review this provision with the surety before signing the Contract and the Subcontractor shall be liable. to indemnify, defend, and hold Contractor harmless from any and all claims surety makes against Contractor arising out of payments Contractor makes to Subcontractor. Article Ten — Subcontractor Employment and Payroll Records: (1) The Subcontractor shall fully comply with G.L. c. 149, § 148B, by properly classifying employees and subcontractors and satisfying all statutes related thereto. The Subcontractor shall, to the fullest extent permitted by law, indemnify, defend, and hold Contractor harmless from all claims and for all damages, fines, or other liability the Contractor incurs, arising out of the Subcontractor's failure or alleged failure to comply with G.L. c. 149, § 148B. The Subcontractor also agrees, to the fullest extent permitted by law, to indemnify, defend, and hold- Contractor harmless from all claims of Subcontractor's employees against Contractor concerning employment related issues including, without limitation, claims related to wage and hour laws, c. 151 B, and any other claim concerning, arising out of, or related to the Subcontractor's employment of any claimant. (2) The Subcontractor shall abide by all relevant local, state, and federal laws and regulations concerning the Work including but not limited to, those laws and regulations relating to unemployment compensation, taxes, and worker's compensation and shall maintain: Rev. 03/14 7 a. I-9 forms demonstrating that employees are eligible to work lawfully in the United States; and b. proof of Worker's Compensation insurance coverage for all individuals working on the job site for the duration of Subcontractor's work on the Project. (3) The Subcontractor shall comply with all local, state, and federal laws concerning payment and shall: a. maintain a weekly record of the hours worked per day by their employees who work on the Project; b. make payments to unemployment insurance based upon the earnings of all employees as legally required; C. pay Project employees by check; d. deduct from employee paychecks those withholdings required by state and federal law; and e. pay overtime at time and one-half their regular wage rate or double time if required by Subcontractor's agreement, prevailing wage laws or Subcontractor's agreement with labor unions, to employees who are not exempt from the overtime requirements of the wage and hour laws for all hours worked over 40 hours in a work week. (4) The Subcontractor shall provide verification of compliance with the foregoing obligations by submitting to Contractor and/or the Owner, when requested to do so, certified payroll records providing the name, address dates and hours worked by all trades people performing any jobsite work for the Subcontractor on the Project as well as proof of the Subcontractor's compliance with all requirements set out above. The Contractor shall have the right upon oral or written request, to review all of Subcontractor's payroll records, other records regarding time worked, tax records, and insurance information and subcontracts, to assure compliance with applicable statutes. (5) The Subcontractor shall require all of its subcontractors to comply with these terms and shall be liable for any such subcontractor's failure to do so. (6) Failure to immediately provide proof of compliance with these requirements upon the Contractor's request or to otherwise comply with any of these provisions shall constitute an event of default subjecting Subcontractor to immediate termination without further notice or opportunity to cure. Subcontractor also shall be subject to any and all other rights and remedies available to the Contractor pursuant to this Subcontract in the event of default. Article Eleven — Notice: Written notice shall be deemed duly served if delivered in person to the addressee or if sent by Registered or Certified mail or by fax to the entity whose address is on this Agreement. Any party shall have the right to change its address by giving written notice to the other party of its new address. Notice shall be effective when received by the other party except that notice sent by Registered Mail or Certified Mail shall be effective at the end of the third day of business after the date postmarked on the envelope containing such notice, if not sooner received by the addressee. Article Twelve - Dispute: (1) Contractor may at its discretion require mediation of any dispute arising between it and Subcontractor, the costs of which will be shared equally by the parties. Further, any controversy or claim arising out of or related to the Subcontract, may at the Contractor's sole election be required to be submitted to arbitration. If the Contractor elects arbitration, it may file or require Subcontractor to file that matter with either JAMS, AAA, or other alternative dispute resolution entity. Judgment upon the award rendered by the arbitrator(s) shall be final and may be entered in any court having jurisdiction thereof. This Article shall be specifically enforceable by any court of competent jurisdiction. (2) In the event the Contractor is engaged in arbitration with the Owner, or in the event the General Contract calls for all claims and disputes between the Contractor and the Owner or any portion of such disputes be resolved in arbitration; the Contractor may, in its sole election, determine that any of the Subcontractor's claims shall be joined in such arbitration proceedings with the Owner. In the event of any Owner — Contractor dispute, Contractor also may join Subcontractor as a defendant/respondent. In such events, Contractor shall notify Subcontractor of its election and of the schedule for arbitration proceedings, and the Subcontractor shall become a party to arbitration proceedings and shall participate in such proceedings for the purpose of presenting the Subcontractor's claims and/or defending any claims asserted by the Owner or Contractor which relate to the Subcontractor's work. (3) The Contract Documents shall be construed in accordance with the laws of the Commonwealth of Massachusetts, excluding any choice of law doctrine that would result in application of foreign law. Massachusetts substantive law shall be applied to interpret the Contract Documents in all instances. All civil actions which arise between the parties concerning the project that is the subject of the Contract Documents shall be filed in Middlesex County Superior Court or Woburn District Court, unless Contractor elects arbitration, in which case any such action shall be stayed until arbitration is completed. Rev. 03/14 8 Article Thirteen - Safety: (1) The Subcontractor's employees must wear hard hats while on the Contractor's job sites. Subcontractor agrees to provide hard hats, proper extension cords, personal protective equipment, proper ladders and other OSHA required items to their employees. Subcontractor also shall train, or provide safety training for, all of its workers present on the project site. (2) If Subcontractor's employees are not wearing hard hats or if any other safety violations are observed by Contractor's Superintendent, the Contractor may backcharge the Subcontractor $100/per incident. The parties agree that the backcharge is not a penalty, that damage will be caused by such breach, that the amount of such damages cannot be reasonably determined at this time, and that this amount is a reasonable approximation of damages Landmark would incur as the result of Subcontractor failing to comply with safety obligations. This provision shall be void and unenforceable in the event the Contractor incurs a fine or other damages as a result of Subcontractor's breach. In such instance, Subcontractor shall be liable to indemnify Contractor as provided for in this Article. (3) Subcontractor's personnel will participate in Contractor's weekly safety meetings. (4) Subcontractor agrees to comply with all federal, state and local safety rules and regulations. Subcontractor will provide required mechanical safeguards and personal protective equipment and ensure that its employees comply with established safety regulations and practices. (5) The Subcontractor shall be responsible to the Contractor for compliance with all safety rules and regulations of the Project and all state and federal safety rules and regulations including without limitation, all OSHA rules and regulations. (6) Subcontractor acknowledges and represents that it has made an on-site inspection of the Project site including the work area so as to be familiar with all observable conditions which may affect the safety and health of its employees as well as those of its Subcontractors. Contractor reserves the right to inspect the safe work performance of Subcontractors to ascertain its compliance with these and other applicable safety provisions. Notwithstanding the foregoing, the Subcontractor, as an independent contractor, is solely responsible for controlling the manner and means by which it performs the Work. Unless otherwise agreed to by the parties in writing, Subcontractor shall provide all safety equipment, materials, tools and personal protection equipment necessary to perform the work in a safe and workmanlike manner. (7) The Subcontractor warrants that it is a duly licensed Subcontractor with all applicable authorities and that its workers are properly trained in all applicable safety requirements for this job. The Subcontractor shall perform at its expense, all of its work in accordance with the Subcontract, applicable laws, ordinances, codes, rules and regulations, including without limitation,'the EPA's Lead -Based Paint Renovation, Repair and Painting ("RRP") Program and any such state programs. Subcontractor recognizes and agrees that Contractor is relying upon this representation and that Contractor would not contract with Subcontractor in the absence of this representation. The Subcontractor shall secure and pay for all permits and governmental fees, licenses and inspections necessary for proper execution and completion of the Work, as well as for all labor, materials, equipment, and machinery, transportation, and all other goods, facilities and services necessary for the proper execution and completion of the Work. (8) The Subcontractor shall to the fullest extent permitted by law, indemnify, defend and hold the Contractor harmless from any and all attorney's fees, costs, expenses or other damages incurred by the Contractor, including fines, penalties and the cost of corrective measures, that arise out of, are caused by, or relate to acts or omissions by the Subcontractor, its agents, employees and assigns, in failing to comply with any safety rules, regulations, or other requirements of this Article. This indemnification obligation is in addition to and not in place of any other of the Subcontractor's indemnification obligations. (9) Subcontractor shall immediately report to Contractor all accidents, occupational injuries, and illness involving its employees or those of its Subcontractors, relating to the Work, or which cause any injury to a third party or which cause damage to the property of Owner, Contractor or third party. Article Fourteen — Termination: (1) Should the Contractor conclude the Subcontractor is delaying or improperly performing the Work or otherwise defaulting on its obligation pursuant to the Contract Documents, the Contractor shall notify the Subcontractor, who shall within two (2) days thereafter: furnish whatever materials are required; employ additional labor; or do such other things necessary or required by the Contractor or the Contract Documents to correct the default. Should the Subcontractor fail or refuse to comply with said notice, the Contractor shall have the right to terminate this Subcontract and shall be entitled to take possession of Subcontractor's materials, tools and equipment on site to complete the Work and to furnish materials and labor as it sees fit to complete the Work, and to charge the expense thereof and its cost of administration against the Subcontractor and to deduct the same from any balance, if any, otherwise due. The Contractor shall further be entitled in the event of default, and without terminating the Subcontract, to supplement the forces of the Subcontractor and to do anything else needed to properly and timely complete the Work, and to then deduct the cost thereof together with the Contractor's costs of administering the same, from the Subcontract Price and to set off any payments otherwise due to Subcontractor. Should the balance due Subcontractor be insufficient to satisfy Contractor's costs, claims and damages, Subcontractor is liable to Contractor for that amount and the Contractor also shall be entitled to recover its legal fees and expenses from the Subcontractor. Rev. 03/14 The Subcontractor's obligations under this paragraph and the Contractor's right to recover monies hereunder shall survive termination of this Subcontract. If Subcontractor is terminated for cause, in no event shall any further payment be due to Subcontractor and Subcontractor shall be liable for all damages it has caused by its default. In the event the Contractor terminates the Subcontractor pursuant to this paragraph, and the Contractor is later determined or adjudged to have wrongfully terminated the Agreement, the parties agree that such termination shall be deemed a termination for convenience and the Subcontractor shall be entitled to compensation, if any, pursuant to the terns of termination for convenience provisions of this Agreement in the next paragraph. (2) The Contractor shall have the right to terminate this Subcontract at any time for the Contractor's convenience and without cause, upon giving the Subcontractor three (3) days written notice. In the event of termination in accordance with this paragraph, the Contractor shall pay the Subcontractor all amounts to which the Subcontractor is entitled for the Work it completed through the last day of its Work on site (at most, three days after receiving the notice of termination). (3) The Contractor may, without cause, order the Subcontractor in writing to suspend, delay or interrupt the Work in whole or in part for such period of time as the Contractor may determine. In the event of such a suspension, the Subcontractor shall be entitled to an equitable adjustment of the Subcontract Time and Subcontract Sum subject and limited to all of the Change Order/Claims processes and limitations as set -forth in Article Four, except that no adjustment shall be made to the extent that: performance is, was or would have been so suspended, delayed or interrupted by another cause for which the Subcontractor is responsible; b) an adjustment is made or denied under another provision of this Subcontract. Article Fifteen — Miscellaneous: (1) Each signatory is fully authorized to enter into this Subcontract on behalf of his/her respective party and has full authority to bind that party to the terms of this Subcontract. (2) Each party has had the opportunity to have this Subcontract reviewed by counsel of its choice. Further, the parties have negotiated this Subcontract and agree that to the extent there is any ambiguity in the Subcontract, that ambiguity shall not be construed against either party as the drafter of this Subcontract. (3)This document and any incorporated documents, exhibits, addenda, specifications, and/or drawings, form the full and complete Subcontract between the parties and replace and supersede all prior discussions, proposals, and negotiations between the parties. Further, the parties agree and expressly represent that they are relying on no representations to enter into this Subcontract other than the terms set forth herein. This Subcontract shall not be amended except by written agreement signed by both parties. (4) The invalidity of one or more phrases, sentences, clauses, or articles, shall not affect the remaining portions of the Subcontract and if any part of the Subcontract should be declared invalid by final order, decree or judgment of a court of competent jurisdiction, this Subcontract shall be construed as if such invalid phrases, sentences, clauses, or articles had not been inserted. (5) The Contractor and Subcontractor waive claims against each other for consequential damages arising out of or relating to this Subcontract but only to the extent Owner has also waived such damages as to the Contractor. This mutual waiver includes damages incurred for principal office expenses including the compensation of personnel stationed there, for losses of financing, business and reputation, and for loss of profit except anticipated profit arising directly from the Work. Nothing contained herein shall be deemed to preclude an award of liquidated damages. (6) Within ten days of starting work, Subcontractor shall submit to Contractor a complete list of all sub -subcontractors and/or suppliers they expect to engage on this project or to supply material to this project. This Subcontract has been executed as of the date and year first written above. CONTRACTOR: LANDMARK STRUCTURES CORPORATION BY: William J. Glasser as its President Rev. 03/14 10 SUBCONTRACTOR: Signed Print N Title: �� ' � S �� �� isJ —) West Mill North Andover, MA EXHIBIT A WINDOW FABRICATION AND INSTALLATION 1) Subcontractor will perform all Window Fabrication and Installation work described in the contract documents. 2) Subcontractor shall provide field measurements, shop drawings, submittals, mock up and samples as required for the architect's approval and proper execution of the work. 3) The subcontractor shall work with Landmark Structures, the architect and the architect's consultants to develop window fabrication and installation details that are agreed between all parties to be appropriate for this project, and will meet the NPS'.s requirements` for historic approval. 4) The scope of work includes furnishing and installing the windows, flashings, arch pans, sealants, staging, lifts and other equipment to complete the scope of work, including but not limited to the following: - Provide Universal Windows, double hung 3-1/4" frame depth, H -HC -45 window units Color Black enamel finish as required for NPS historic approval. Exposed portions of existing frame scheduled to remain to be field painted by Others. 5/8" insulated glass (2 lites of 1/8" glass) with Low E on P surface. Exterior grids, 7/8" trapezoid GBC countered euro grids, 2w2h pattern as required to meet NPS approval. Block and tackle balances for top and bottom sashes. Interior half -screen with fiberglass mesh, interior 1"x2" snap trim and screen track on jambs. - Exterior 2-1/2" flat panning on all four sides with field applied 0.040 eyebrow. - Exterior and interior sealants required to provide proper moisture and thermal seals of new windows. Color to match window frames, material per architect's requirements , joints less than 1" wide. Lifts or staging for caulking to be provided by the subcontractor. - Receiving and storage of windows onsite. - Distribution and hoisting of windows to proper locations. Removal of existing trim for reuse and glass for disposal from existing aluminum frame to remain. Break glass prior to disposing into dumpster provided by Others. - Install 3M window flashing on sill. and 6" up each jamb. - Install new window to existing frame, securely fastened, plumb and level. = Check for proper installation, noting to super existing site conditions and other issues that cannot be readily corrected. - Installation of snap trim - Installation of screens. - Protect existing skylight from damage during the course of this work. - Provide harnesses for all workers when working at window openings. All workers to have OSHA 10 cards. Subcontractor to confirm that work will be completed in an OSHA compliant manner before proceeding. Exhibit A Windows Page 2 5) The subcontractor shall field measure all elements of the building required to perform his work. 6) This subcontractor shall provide any information regarding the energy efficiency of the windows he installs as needed by the building owner to receive the qualified rebates and energy credits if available. 7) All work shall be installed neatly and custom fit and scribed as required to produce a quality finished final product. 8) Landmark's project work days are Monday thru Friday. In the event a subcontractor must work Saturdays to maintain schedule, subcontractor agrees to reimburse Landmark Structures $350 per Saturday for Landmark's superintendent to be on site. Work to commence with Phase 1, the 4 -story section at the end of the building. When installation has been completed in Phase 1, floors 2, 3 & 4, then work will continue with Phase 2 & 3 locations working top down. 9) As indicated elsewhere in the contract, subcontractor is responsible daily for cleaning and disposing of all debris created by his work. The existing glass will be relocated to a central location for temporary storage. The subcontractor will break the stockpiled glass once a week at a minimum, and then transport the debris into the dumpster supplied by the General Contractor. In the event subcontractor fails to clean his debris, sub -contractor hereby authorizes Landmark to clean his debris for him and authorizes Landmark to back -charge subcontract $75.per hour for this service plus and trucking and disposal costs. 10) Subcontractor shall provide all staging, lifts and safety protection required to perform his work. 11) Subcontractor will coordinate his work with others to allow all trades to install their work properly in the correct location, in the space allotted, and in proper sequence. 12) Subcontractor acknowledges that completing this project on schedule is of paramount importance to Landmark Structures. Subcontractors will provide adequate competent manpower to stay on schedule. If subcontractor, in the opinion of Landmark, causes delays to the project, subcontractor agrees to be held financially responsible for these delays. 13) The subcontractor shall remove and dispose of all existing window and other debris generated by the performance of his work. Subcontractor shall coordinate storage of old windows and related debris on site pending removal with Landmark Structures field Superintendent. 14) Framing or wall irregularities that may affect quality of work should be brought to the attention of Landmark's superintendent prior to installation of windows. 15) Sales tax is included in this contract. 16) Whereas the windows will be installed in occupied apartments the subcontractor shall be responsible for protecting adjacent surfaces and cleaning up dust and debris, etc. created by his work. e Exhibit A Windows Page 3 17) Subcontractor shall coordinate the delivery and storage of his windows with Landmark Structures field Superintendent. 18) Due to other trade activities and winter conditions the installation of new windows may be delayed or suspended for periods of time. Subcontractor shall provide windows and installation labor as needed to accommodate the project schedule as dictated by other construction operations and weather. West Mill North Andover, ,MA Windows Exhibit B Window Demolition Window Materials Window Installation Window Total $30,500 $334,082 $267,510 $632,092 Note: A detailed Schedule of Values will be submitted by the subcontractor for approval prior to the submittal of the first requisition Payment for window materials supplied by Universal to be paid by joint check to AAA Royal per Landmark Structure Corp's standard payment terms with Universal Windows Labor Invoices submitted bi-weekly. Payments released bi-weekly as long as installation remains on agreed upon schedule. Page 1 of 1 Exhibit C Building 7A Apts., West Mill Contract Documents Drawings Page Number Title Date A000 Cover Sheet 02/05/15 _RES A001—RES Schedules, Details, Notes 02/05/15 A200 RES Second Floor Plan 02/10/15 A300 RES Third Floor Plan 02/10/15 A400 RES Fourth Floor Plan 02/10/15 A601 RES Door, Frame Types, Hardware Sets i 02/05/15 A602 RES Enlarged Plans & Details 02/05/15 A603 RES Millwork Details 02/05/15 A604 RES Enlarged Stair Plans and Details 02/05/15 P-1 1st Floor Plumbing Plan 02/12/15 P-2 2nd Floor Plumbing Plan 02/12/15 P-3 3rd Floor Plumbing Plan 02/12/15 P4 4th Floor Plumbing Plan 02/12/15 P-5 1st Floor Plumbing Plan 02/12/15 H1.0 HVAC Legend 02/24/15 H2.0 HVAC Second Floor Plan 02/24/15 H2.1 HVAC Third Floor Plan 02/24/15 H3.0 HVAC Fourth Floor Plan 02/24/15 H3.1 HVAC Controls 02/24/15 H4.0 HVAC Schedules 02/24/15 H5.0 HVAC Specifications 02/24/15 E1 Power and Lighting 2nd Floor 02/27/15 E2 Power and Lighting 3rd Floor 02/27/15 E3 Power and Lighting 4th Floor 02/27/15 FA1 Fire Alarm and Emergency Services 2nd Floor 02/27/15 FA2 Fire Alarm and Emergency Services 3rd Floor 02/27/15 FA3 Fire Alarm and Emergency Services 4th Floor 02/27/15 Specifications Pages • Cover Sheet 1 • Floors 1 • Kitchens 4 • Appliances and Laundry 3 • Lighting 4 • Bathroom 5 • Closets / HVAC 1 • Common Areas 1 Other Documents AIA -A101 2007 Agreement between Owner and Contractor dated March 26, 2015 AIA -A201 2007 General Conditions of the Contract for Construction Addendum to the Construction Contract between RCG West Mill NA LLC and Landmark Structures Corp. Landmark's Bid Qualifications dated March 23, 2015 1 of 1 Commonwealth of Massachusetts County of Middlesex EXHIBIT D Waiver of Lien Materials and Labor Whereas the undersigned is or was subcontr Landmark Structures Corporation to perform work on the project knon now therefore for and in consider: ign receipt of which is hereby acknowledged, the undersigned does hereb`e lien or claim or right to lien, for the labor, materials or both, furnished thro above-described premises and against any funds remaininginthe hands of for the purposes of paying for construction on said premises'under and by z Commonwealth of Massachusetts relating to mechanics,.Eens. °V.:;:,. The undersigned warrants that all costs for paid covering the work completed through authorized to execute this lien waiver on b!, Indemnification: The Undersigned hereby14gre Contractor and Owner, and their respective she costs, judgments, liabilities, demands, suits and indirectly relating to any cause �o ;=faction, claim work performed in the construetloi rojf misrepresentation or breach of anRertification document. Upon thawest of Contractor, the actions, claims or liens}at,its sole cost anQ6 e On this ..u, �• personally appeared Date: also Project #. ted to or employed by located at of the sum of the Give and release any against the , contractor or lender ie statue'=:of the work have been undersigned is rsoiy indemnify, defend and hold harmless and OR sfrom and against any and all damages, es (including reasonable attorneys fees) directly or ffl;6d,,by anykp rson or entity with respect to. (i) any MR ., uiy11,ghts waived or released herein, and'(iii) any ation orwarranty made by the Undersigned in this ip-ned will undertake to defend such causes of ny Name: By: NOTORIAL 2014, before me, the undersigned notary public, and proved tome through (name of person) satisfactory evidence of identification which was one of the following: (drivers license) (personally known) (other ), to be the person whose name is signed on the above document in my presence. My Commission Expires: Notary Public a