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Building Permit #1237-2016 - 660 GREAT POND ROAD 5/27/2016
BUILDING PERMIT -- TOWN OF NORTH ANDOVER APPLICATION FOR PLAN EXAMINATION Permit NO: G"'` Date Received '� 4 Y Date Issued: sSgcNuse IMPORTANT: Applicant must complete all items on this page o LOCATION-,,:660 Great Pond Road New England!Annual Conferen&Mthe United MethodistChurch PROPERTYOWNER d/b/a Rolling Rdie Retreat and Conference Center. Print MAP NO: ,PARCEL ZONING DISTRICT: p Historic District yes no Machine Shop Village ye no TYPE OF IMPROVEMENT PROPOSED USE Residential Non- Residential ❑ New Building ❑ One family ❑Addition ❑ Two or more family ❑ Industrial Xl Alteration No. of units: X Commercial 1 X Repair, replacement ❑Assessory Bldg ❑ Others: >. ❑ Demolition ❑ Other ❑ Septic ©Well ❑ Floodplain ❑Wetlands 11 ❑ Watershed District 'D WaterlSewer �ou� AI I Identification Please Type or Print Clearly) Y) New England Annual Conference of the United Methodist Church OWNER: Name: d/b/a Rolling Ridge Retreat and Conference Center Phone: (978) 682-8815 Address: 276 Essex Street,PO BOX 249,Lawrence,MA 01842 ,CONTRACTOR Name: hone: (978)657-7300 m Channel Buildin Company, :.Address: . 355 Middlesex Avenue u eCLicense: Egxp. DateSrvlsors onstruction : CSL-053259 03-03-2018' Home improvement License Exp. Date: ARCHITECT/ENGINEER Davis Square Architects,Inc. Phone: 617-628-5700 Address: 240A Elm St. Somerville.MA 02144 Reg. No. 1 FEE SCHEDULE.BOLDING PERMIT.$12.00 PER$1000.00 OF THE TOTAL ESTIAYT`EjLjCCOST BASED ON$125.00 PER S.F. ~ Total Project Co t: $ 611,600.00 FEE: $ //5�3�3 X20 ' Check No.: 'lccp Receipt No.: tin ` NOTE: Persons contracting with unreg' ered cont actors do not have access to th guaranty and {s .,J rgnature of Agent/ownature of c6ntractor __ BUILDING PERMIT NORTM O��Z LED /6 qH� TOWN OF NORTH ANDOVER �� APPLICATION FOR PLAN EXAM INAT[0Nh'`_::.: Permit No#: Date Received-, - 47Eu rPP��S SSACHUSE Date Issued: IMPORTANT: Applicant must complete all iterims`on-tl&`page .. LOCATION Print PROPERTY OWNER Print .100 Year`Structure yes no MAP PARCEL: ZONING DISTRICT: Historic District yes no .. l Machine Shop Village yes. no I I TYPE OF IMPROVEMENT PROPOSED USE Residential Non- Residential ❑ New Building ❑ One family �- ❑Addition ❑Two or more family ❑ Industrial ❑Alteration No. of units: ❑ Commercial 1 ❑ Repair, replacement ❑Assessory Bldg ❑ Others: "} ❑ Demolition ❑ Other '- Septic 11 Well,! ❑'Floodpl:ain ❑Wetlands_ District;, O WaterlSewet h f - - _ DESCRIPTION OF WORK TO BE PERFORMED: Identification- Please Type or Print Clearly OWNER: Name: Phone: Address: Contractor Name: Phone: Email: - - ;i Address: Supervisor's Construction License: Exp.-. Date: Home Improvement License: Exp..:,Date!L-;:,.:::.: a ARCHITECT/ENGINEER Phone: Address: Reg..,No. ` FEE SCHEDULE:BULDING PERMIT.•$12.00 PER$1000.00 OF THE TOTAL ESTIMATED CGS E U0E zGM,.$125.00 PER S.F. Total Project Cost: $ FEE: $ s Check No.: Receipt No..., NOTE: Persons contracting with unregistered contractors do not have access o the guaranty fund 5ianature -`==�� - -- - Plans Submitted ❑ Plans Waived ❑ Certified Plot Plan ❑ Stamped Plans ❑ ' TYPE OF SEWERAGE DISPOSAL Public Sewer Tanning/Massage/Body Art ❑ -✓imming Pools ❑ Well )01\ Tobacco Sales ❑ Food Packaging/Sales ❑ Private(septic tank, etc. ❑ Permanent Dumpster on Site ❑ THE FOLLOWING SECTIONS FOR OFFICE USE ONLY INTERDEPARTMENTAL SIGN OFF a U FORM PLANNING & DEVELOPMENT Reviewed OnS Ito ZOl W Signature GQIF, COMMENTS ;t hU C) ICQI W�K� 'r CONSERVATION Reviewed on < AdJ Sign tureI COMMENTS 2 �� ti�s u�� � - IJc7�1. 1_4 HEALTH Reviewed on Signature COMMENTS )v v� nn y.�' "J�' J (n� �� �� � A �`f��P.✓� � h, S� (�� �► /'u�-eek VeJ�l/% ,,f/t.R,-j '� (e.t,,�^e��'�� ���,. CDn}�^✓��' Z$ming Board of Appeals:Variance, Petition No: Zoning Decision/receipt submitted yes Planning Board Decision: Comments Conservation Decision: Comments Water& Sewer Connection/ Permit ,]DPW Town Engineer: Signature: Located 384 Osgood Street FaRE DE!'AR RAIEK Ternp D mps etet r oh -lit 'es- ', no Located N Fire Departm S_1 L t " .s , s �• r, '... 7 .t -- � ,a ;4� �.. r .,` `ir �,:, p,�C,4.z:,3r�' fr .Y it�3 k,- ��•'i`'ix;t f•it ; �. � '.i k. �-; t a.�,{"i1'�s��,�+ Dimension Number of Stories: Total square feet of floor area, basM--'Aai.-Bderior dimensions. Total land area, sq. ft.: ELECTRICAL: Movement of Deter location, mast or service drop'r-� cues approval of Electrical Inspector Yes No DANGER ZONE LITERATURE. lies No MGL Chapter 166 Section 21A—F and G min.$100-$1000 fine NOTES and DATA— (For department use) i I i' r i I ® Notified for pickup Call Email f l Date Time Contact Name _ I Doc.Building Pennit Revised 2014 r zr 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 4, Building Permit Application I 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 OTE: All dumpster permits require sign off from Fire Department prior to issuance of Bldg Permit Addition Or Decks t Building Permit Application Certified Surveyed Plot Plan Workers Comp Affidavit Photo Copy of H.I.C. And C.S.L. Licenses Copy Of Contract I Floor/Cross Section/Elevation Plan Of Proposed Work With Sprinkler Plan And Hydraulic Calculations (If Applicable) 4, Mass check Energy Compliance Report (If Applicable) Engineering Affidavits for Engineered products ` OTE: 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 4- 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 2012 IECC Energy code Engineering Affidavits for Engineered products OTE: 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 Doe:Building Permit Revised 2014 'i (WOU Location t�JO�1 No. « �1^!" 2 Date • -+ TOWN OF NORTH ANDOVER Certificate of Occupancy $ Building/Frame Permit. Fee $ 0 Foundation Permit Fee $ Other Permit Fee $ TOTAL $'� ` r r1 Check# x � ;F' 0 _ 9 ,6u(ding Inspector II � f CHANNEL IBUIL.��NG COMPANY k. Kyla McGuire ;P T 1978.284.8134 E kmcguire@channelbuilding.com 355 Middlesex Avenue,Suite 7 Wilmington,MA 01887 www.ch.annelbuilding.com t1�1�±111 7�L1'1 rtl��5�11\ p..... 3 In. :. o' ��'� °. lll a y _y. OMD eTM'h . O ti +=~cxu,Ec CERTIFICATE OF USE & OCCUPANCY TOWN OF NORTH ANDOVER Building Permit Number 1237-2016 on 5/27/2016 Date: August 30, 2016 THIS CERTIFIES THAT THE BUILDING LOCATED at 660 Great Pond Road MAY BE OCCUPIED AS Moses Hall IN ACCORDANCE WITH THE PROVISIONS OF THE MASSACHUSETTS STATE BUILDING CODE AND SUCH OTHER REGULATIONS AS MAY APPLY. Certificate Issued to: Rolling Ridge Retreat and Conference Center 660 Great Pond Road North Andover, MA 01845 Building nspector Fee: Prepaid$100.00 Receipt: 30429 Check : 45796 oMORTM, o �• r CERTIFICATE OF USE & OCCUPANCY TOWN OF NORTH ANDOVER Building Permit Number 1237-2016 on 5/27/2016 Date: August 30, 2016 THIS CERTIFIES THAT THE BUILDING LOCATED at 660 Great Pond Road MAY BE OCCUPIED AS Moses Hall IN ACCORDANCE WITH THE PROVISIONS OF THE MASSACHUSETTS STATE BUILDING CODE AND SUCH OTHER REGULATIONS AS MAY APPLY. Certificate Issued to: Rolling Ridge Retreat and Conference Center 660 Great Pond Road North Andover,MA 01845 Building nspector Fee: Prepaid $100.00 Receipt: 30429 Check : 45796 NORTH Town �� : _ ..�. ndover O No. a�, ,�j - e2 6 T _ h ver, Mass, al, �0 COC NIC MI WICM V x.95 R^reo 0,r U BOARD OF HEALTH Food/Kitchen PERMIT Septic System ?ij 0 BUILDING INSPECTOR THIS CERTIFIES THAT ......... ....O.11%N.. • ........ . Foundation has permission to erect .. ...................... bu' ding on ... ... .................@ ....... ......... ....... Rou h ,4� C��Y to be occupied as ........................................ tlhim�f. ........... oy........ .. . . . ........ ....... ........ provided that the person accepting this permit shall in every respect conform to the terms of the application Final 1' on file in this office, and to the provisions of the Codes and By-Laws relating to the Inspection,Alteration and Construction of Buildings in the Town of North Andover. UMBING IINSPE T Rough Z'l VIOLATION of the Zoning or Building Regulations Voids this Permit. Final d to_.' PERMIT EXPIRES IN 6 MONTHS ELECTRICAL INS CTOR (rUNLESS CONSTRUCTO ARTS Rough Service ........... .. ' .. .... .—.. n0 -2- BUILDINGINSPET GAS INSPECTOR Occupancy Permit Required to Occupy Building y`•� Rough Display in a Conspicuous Place on the Premises — Do Not Remove Final No Lathing or Dry Wall To Be Done FIRE DEPARTMENT Until Inspected and Approved by the Building Inspector. Burner Street No. Smoke Det. VIC Enter construction cost for fee cal - North Andover Fee Calculation Construction Cost $ 611 ,600.00 m $ - $ 7,339.20 Plumbing Fee $ 917.40 Gas Fee 100 comm. $ 100.00 Electrical Fee $ 917.40 Total fees collected $ 9,274.00 660 Great Pond Road Moses Hall reno 1-24"-2016 on 5/31/2016 �.3`"j NORTH Town of 3� _ Andover O No. _ 61 � Z h ver, Mass o o� 1 coc"Ic"OWK c 1' 7� �RATEO #Pr S U BOARD OF HEALTH Food/Kitchen PERMIT Septic System THIS CERTIFIES THATAP BUILDING INSPECTOR .'... Foundation has permission to erect.. ...................... M ding on ... .. .................p ...... ......... . Rough tobe occupied as ............ �.y........ . . ...... ............ ....... .`.'...................................................... Chimney provided that the person accepting this permit shall in every respect conform to the terms of the application Final on file in this office, and to the provisions of the Codes and By-Laws relating to the Inspection, Alteration and Construction of Buildings in the Town of North Andover. PLUMBING INSPECTOR VIOLATION of the Zoning or Building Regulations Voids this Permit. Rough Final PERMIT EXPIRES IN 6 MONTHS ELECTRICAL INSPECTOR UNLESS CONSTRUCTI® ARTS Rough Service ............ .... .: .. .................... Final BUILDING INSPECTOR GAS INSPECTOR Occupancy Permit Required to Occupy Building Rough Display in a Conspicuous Place on the Premises — Do Not Remove Final No Lathing or Dry Wall To Be Done FIRE DEPARTMENT Until Inspected and Approved by the Building Inspector. Burner Street No. Smoke Det. CHANNEL OU11-01HO COMPl7 NV Standard Form of Agreement Between Owner and Contractor — Lump Sum This document has important legal consequences. Consultation with an attorney is recommended with respect to its completion or modification. This AGREEMENT is made as of the 1day of April 2016 by and between the following parties, for services in connection with the Project identified below. OWNER: New England Annual Conference of the United Methodist Church d/b/a Rolling Ridge Retreat and Conference Center 276 Essex Street, PO BOX 249 Lawrence, MA 01842 CONTRACTOR: Channel Building Company, Inc. 355 Middlesex Avenue Wilmington, Massachusetts 01887-2163 PROJECT: Renovations to Moses Hall 660 Great Pond Road North Andover, Massachusetts 01845 In consideration of the mutual covenants and obligations contained herein, Owner and Contractor agree as set forth herein. Channel Building Company,Inc. Standard Form of Agreement Between page 1 Owner and Contractor—Lump Sum CBC 08%2008 version 1` Article 1 Scope of Work 1.1 Contractor shall perform all construction services and provide all material, equipment, tools and labor, necessary to complete the Work described in and reasonably required from the Contract Documents. Contractor is not responsible for the design, engineering and architectural work required to complete the project. Article le 2 Contract Documents 2.1 The Contract Documents are comprised of the following and by this reference incorporated herein and made a part hereof: .1 All written modifications, amendments and change orders to this Agreement issued in accordance with Channel Building Company's Standard Form of General Conditions of Contract Between Owner and Contractor(CBC 08/2008 version) ("General Conditions of Contract"); .2 This Agreement, including all exhibits and attachments, executed by Owner and Contractor; .3 Written Supplementary Conditions, if any, to the General Conditions of Contract executed, by Owner of Contract; .4 The General Conditions of Contract, attached as EXHIBIT A; .5 Construction Documents prepared in accordance with Section 3.2.3 of the General Conditions of Contract that have been accepted by Contractor as part of the Work under this Agreement, Bid documents dated 1/8/2016 issued by Davis Square Architects, Attached as EXHIBIT B; .6 Contractor's Proposal dated 2/3/2016 and revised 3/2/2016, attached as EXHIBIT C; and .7 The following other documents, if any: 1. EXHIBIT D: Channel Building Company Letter dated 3/4/2016 2. EXHIBIT E: Letter of Intent dated 4/15/2016 3. EXHIBIT F: , Channel Building Company Certificate of Insurance i i i Article 3 Interpretation and Intent 3.1 The Contract Documents are intended to permit the parties to complete the Work and all obligations required by the Contract Documents within the Contract Time(s) for the Contract Price. The Contract Documents are intended to be complementary and interpreted in harmony so as to avoid conflict, with words and phrases interpreted in a manner consistent with construction industry standards. In the event of any inconsistency, conflict, or ambiguity between or among the Contract Documents, the Contract Documents shall take precedence in the order in which they are listed in Section 2.1 hereof. Channel Building Company,Inc. Standard Form of Agreement Between Page 2 Owner and Contractor—Lump Sum CBC 08/2008 version �J" l 3.2 Terms, words and phrases used in the Contract Documents, including this Agreement, shall have the meanings given them in the General Conditions of Contract. 3.3 The Contract Documents form the entire agreement between Owner and Contractor and by incorporation herein are as fully binding on the parties as if repeated herein. No oral representations or other agreements have been made by the parties except as specifically stated in the Contract Documents. Article 4 Ownership of Work Product 4.1 Work Product. All drawings, specifications and other documents and electronic data furnished by Contractor to Owner under this Agreement ("Work Product") are deemed to be instruments of service and Contractor shall retain the ownership and property interests therein, including the copyrights thereto. 4.2 Owner's Limited License Upon Payment in Full. Upon Owner's payment in full for all Work performed under the Contract Documents, Contractor shall grant Owner a limited license to use the Work Product in connection with Owner's occupancy of the Project, conditioned on Owner's express understanding that its use of the Work Product is at Owner's sole risk and without liability or legal exposure to Contractor or anyone working by or through Contractor, (collectively the "Indemnified Parties"). 4.3 Owner's Limited License Upon Owner's Termination for Convenience or Contractor's Election to Terminate. If Owner terminates the Project for its convenience as set forth in Article 8 hereof, or if Contractor elects to terminate this Agreement in accordance with Section 11.4 of the General Conditions of Contract, Contractor shall, upon Owner's payment in full of the amounts due Contractor under the Contract Documents, grant Owner a limited license to use the Work Product to complete the Project and subsequently occupy the Project, conditioned on the following: .1 Use of the Work Product is at Owner's sole risk without liability or legal exposure to any Indemnified Party; and .2 Owner agrees to pay Contractor the additional sum of Ten Thousand and 00/100 Dollars ($10,000.00) as compensation for the right to use the Work Product in accordance with this Article 4 if Owner resumes the Project through its employees, agents, or third parties. 4.4 Owner's Limited License Upon Contractor's Default. If this Agreement is terminated due to Contractors default pursuant to Section 11.2 of the General Conditions of Contract and (i) it is determined that Contractor was in default and (ii) Owner has fully satisfied all of its obligations under the Contract Documents, Contractor shall grant Owner a limited license to use the Work Product in connection with Owner's completion and occupancy of the Project. This limited license is conditioned on Owner's express understanding that its use of the Work Product is at Owner's sole risk and without liability or legal exposure to any Indemnified Party. (If liquidated damages are applicable to any dates set forth in Section 5.2.2 hereof,this Section 4.4 will need to be modified accordingly.) 4.5 Owner's Indemnification for Use of Work Product. If Owner uses the Work Product under any of the circumstances identified in this Article 4, to the maximum extent permitted by law, the Owner shall defend, indemnify and hold harmless the Indemnified Parties from and against any and all claims, damages, liabilities, losses and expenses, including attorneys' fees, arising out of or resulting from the use Of the Work Product. (If an early completion bonus is applicable to any dates set forth in Section 5.2.2 hereof,this Section 4.5 will need to be modified accordingly.) Channel Building Company,Inc. Standard Form of Agreement Between Page 3 Owner and Contractor—Lump Sum /? CBC 08/2008 version I(P// VQ Article 5 Contract Time 5.1 Date of Commencement. The Work shall commence within five (5) days of Contractor's receipt of Owner's written Notice to Proceed ("Date of Commencement") provided that (i) this Agreement had been fully executed, and (ii) all necessary discretionary permits have been applied for and obtained by the Owner, and (iii)the Building Permit has been issued. 5.2 Substantial Completion and Final Completion 5.2.1 Substantial Completion of the entire Work shall be achieved no later than Eighty Four (84) calendar days after the Date of Commencement("Scheduled Substantial Completion Date"). 5.2.2 Interim milestones and/or Substantial Completion of identified portions of the Work shall be achieved as follows: (Insert any interim milestones for portions of the Work with different scheduled dates for Substantial Completion.) None Specified 5.2.3 Final Completion of the Work or identified portions of the Work shall be achieved as expeditiously as reasonably practicable. 5.2.4 All of the dates set forth in this Article 5 ("Contract Time(s)") shall be subject to adjustment in accordance with the General Conditions of Contract. 5.3 Time is of the Essence. Owner and Contractor mutually agree that time is of the essence with respect to the dates and times set forth in the Contract Documents. 5.4 Liquidated Damages. Contractor understands that if Substantial Completion is not attained by the Scheduled Substantial Completion Date, subject to extensions allowed by the Contract Documents, Owner will suffer damages which are difficult to determine and accurately specify. Contractor agrees that if Substantial Completion is not attained by Twenty (20) calendar days after the Scheduled Substantial Completion Date (the "LD Date"), Contractor shall pay Owner One Hundred and 00/100 Dollars ($100.00) as liquidated damages for each day that Substantial Completion extends beyond the LD Date. The liquidated damages provided herein shall be in lieu of all liability for any and all extra costs, losses, expenses, claims, penalties and any other damages, Whether special or consequential, and of whatsoever nature incurred by Owner which are occasioned by any delay in achieving Substantial Completion. (If liquidated damages are applicable to any dates set forth:in Section 5.2.2 hereof;this Section 5.4 will need to be modified accordingly.) 5.5 Early Completion Bonus. If Substantial Completion is attained on or before Twenty (20) calendar days before the Scheduled Substantial Completion Date (the "Bonus Date"), Owner shall pay Contractor at the time of Final Payment under Section 7.3 hereof an early completion bonus of One Hundred and 00/100 Dollars ($100.00)for each day that Substantial Completion is attained earlier than the Bonus Date. (If an early completion bonus is applicable to any dates set forth in Section 5.2.2 hereof, this Section 5.5 will need to be modified accordingly.) Article 6 Contract Price 6.1 Contract Price. Owner shall pay Contractor in accordance with Article 6 of the General Conditions of Contract the sum of Six Hundred Eleven Thousand and Six Hundred and 00/100 Dollars ($611,600.00) ("Contract Price"), subject to adjustments made in accordance with the General Conditions of Contract. Unless otherwise provided in the Contract Documents, the Contract Price is deemed to include all sales, use, consumer and other taxes mandated by applicable Legal Requirements. Channel Building Company,Inc. Standard Form of Agreement Between f Page 4 Owner and Contractor—Lump Sum CBC 08/2008 version 6.2 Markups for Changes. If the Contract Price requires an adjustment due to changes in the Work, and the cost of such changes is determined under Section 9.4.1 of the General Conditions of Contract, the following markups shall be allowed on such changes: Markup for Changes: Eight percent(8%) Article 7 Procedure for Payment 7.1 Progress Payments 7.1.1 Contractor shall submit to Owner on or about the Fifth (51h) day of each month, beginning with the first month after the Date of Commencement, Contractor's Application for Payment in accordance with Article 6 of the General Conditions of Contract. 7.1.2 Owner shall make payments within ten (10) days after Owner's receipt of each properly submitted and accurate Application for Payment in accordance with Article 6 of the General Conditions of Contract, but in each case less the total of payments previously made, and less amounts properly withheld under Section 6.3 of the General Conditions of Contract. 7.2 Retainage on Progress Payments 7.2.1 Owner will retain Eight percent (8%) of each Application for Payment. Owner will reasonably consider reducing retainage for Subcontractors completing their work early in the Project. 7.2.2 There will be zero percent(0%) retainage withheld on General Conditions. 7.2.3 Upon Substantial Completion of the entire Work or, if applicable, any portion of the Work, pursuant to Section 6.6 of the General Conditions of Contract, Owner shall release to Contractor all retained amounts relating, as applicable, to the entire Work or completed portion of the Work, less an amount equal to the reasonable value of all remaining or incomplete items of Work as noted in the Certificate of Substantial Completion. 7.3 Final Payment. Contractor shall submit its Final Application for Payment to Owner in accordance with Section 6.7 of the General Conditions of Contract. Owner shall make payment on Contractor's properly submitted and accurate Final Application for Payment within ten (10) days after Owner's receipt of the Final Application for Payment, provided that Contractor has satisfied the requirements for final payment set forth in Section 6.7.2 of the General Conditions of Contract. 7.4 Interest. Payments due and unpaid by Owner to Contractor, whether progress payments or final payment, shall bear interest commencing five (5)days after payment is due at the statutory rate. 7.5 Record Keeping and Finance Controls. With respect to changes in the Work performed on a cost basis by Contractor pursuant to the Contract Documents, Contractor shall keep full and detailed accounts and exercise such controls as may be necessary for proper financial management, using accounting and control systems in accordance with generally accepted accounting principles. During the performance of the Work and for a period of one (1) year after Substantial Completion, Owner and Owner's accountants shall be afforded access from time to time, upon reasonable notice, to Contractor's records, books, correspondence, receipts, subcontracts, purchase orders, vouchers, memoranda and other data relating to changes in the Work performed on a cost basis in accordance with the Contract Documents, all of which Contractor shall preserve for a period of one (1) year after Substantial Completion. Channel Building Company,Inc. Standard Form of Agreement Between Page 5 Owner and Contractor—Lump Sum r! CBC 08/2008 version Y Article 8 Termination for Convenience 8.1 Upon ten (10) days written notice to Contractor, Owner may, for its convenience and without cause, elect to terminate this Agreement. In such event, Owner shall pay Contractor for the following: .1 All Work executed and for proven loss, cost or expense in connection with the Work; .2 The reasonable costs and expenses attributable to such termination, including demobilization costs and amounts due in settlement of terminated contracts with Subcontractors and Design Consultants; and .3 Overhead and profit in the amount of Eight percent (8%) on the sum of items .1 and .2 above. 8.2 In addition to the amounts set forth in Section 81'k1 above, Contractor shall be entitled to receive one of the following as applicable: .1 If Owner terminates this Agreement prior to commencement of construction, Contractor shall be paid Five percent(5%)of the remaining balance of the Contract Price. .2 If Owner terminates this Agreement after commencement of construction, Contractor shall be paid Eight percent(8%)of the remaining balance of the Contract Price. 8.3 If Owner terminates this Agreement pursuant to Section 8.1 above and proceeds to construct the Project through its employees, agents or third parties, Owner's rights to use the Work Product shall be as set forth in Section 4.3 hereof. Article 9 Representatives of the Parties 9.1 Owner's Representatives 9.1.1 Owner designates the individual listed below as its Senior Representative ("Owner's Senior Representative"), which individual has the authority and 'responsibility for avoiding and resolving disputes under Section 10.2.3 of the General Conditions of Contract: Rev. Larry Peacock, Executive Director New England Annual Conference of the United Methodist Church d/b/a Rolling Ridge Retreat and Conference Center 276 Essex Street, PO BOX 249 Lawrence, MA 01842 9.1.2 Owner designates the individual listed below as its Owner's Representative, which individual has the authority and responsibility set forth in Section 3.4 of the General Conditions of Contract: Greg Clarke, Property Manager New England Annual Conference of the United Methodist Church d/b/a Rolling Ridge Retreat and Conference Center 276 Essex Street, PO BOX 249 Lawrence, MA 01842 Channel Building Company,Inc. Standard Form of Agreement Between Page 6 Owner and Contractor—Lump Sum CBC 08/2008 version �71�' i 9.2 Contractor's Representatives 9.2.1 Contractor designates the individual listed below as its Senior Representative ("Contractor's Senior Representative"), which individual has the authority and responsibility for avoiding and resolving disputes under Section 10.2.3 of the General Conditions of Contract: Gerard Diorio, President Channel Building Company, Inc. 355 Middlesex Avenue Wilmington, Massachusetts 01887-2163 978-284-8112 9.2.2 Contractor designates the individual listed below as its Contractor's Representative, which individual has the authority and responsibility set forth in Section 2.1.1 of the General Conditions of Contract: Joseph Gaukstern, Project Manager Channel Building Company, Inc. 355 Middlesex Avenue Wilmington, Massachusetts 01887-2163 978-284-8126 Article 10 Bonds and Insurance 10.1 Insurance. Contractor shall procure in accordance with Article 5 of the General Conditions of Contract the following insurance coverages: . See enclosed insurance certificate. 10.2 Bonds and Other Performance Security. Contractor shall provide the following performance bond and labor and material payment bond or other performance security: Bonds are not required at this time. Article 11 Other Provisions 11.1 Other provisions, if any, are as follows: 11.1.1 Owner and Contractor agree to act in good faith and in a reasonable manner in all dealings with each other in connection with the Work and the Project. Whenever action, consent or approval of the Owner is required, said action, consent or approval shall be not unreasonably withheld, conditioned or delayed. 11.1.2 Escalation Clause. This Agreement's initial Contract Price includes the cost of materials, products, assemblies and fabricated items based on current pricing at the time the estimate, budget or initial Contract Price was developed or stated in the Agreement. Escalation costs on any of Contractor's or Subcontractor's individual item(s) in excess of two and one-half percent (2.5%) of the current pricing at the time the estimate, budget or initial Contract Price was developed or stated to are not included in this Agreement and the Contractor specifically excludes any costs, contingency or risks associated with escalation price increases beyond the two and one-half percent (2.5%) on any individual item(s). Notwithstanding anything to the contrary contained in this Agreement, the Owner agrees to execute a Channel Building Company,Inc. Standard Form of Agreement Between Page 7 Owner and Contractor—Lump Sum (2� CBC 08/2008 version i J Change Order to increase the Contract Price for all costs associated with such escalation costs in excess of the percentage amount stated herein. In executing this Agreement, Owner and Contractor each individually represents that it has the necessary financial resources to fulfill its obligations under this Agreement, and each has the necessary corporate approvals to execute this Agreement, and perform the services described herein. I OWNER: CONTRACTOR: New England Annual Conference of the United Methodist Church d/b/a Rolli 1 e Retreat and Conference Center Channel Building Co pan ,ln . (N wn (Name of Contractor) ( gna e) (Signature) Gerard Diorio (Printed Name) ' (Printed Name) j�r-a: 0f�c.r<f Vice President (Title) (Title) Date: �' Date: I Channel Building Company,Inc. Standard Form of Agreement Between Page 8 Owner and Contractor—Lump Sum CBC 08/2008 version n /� CHANNEL 113I11JI11f III1IN1110 CaMPAIN-V Standard Form of General Conditions of Contract Between Owner and Contractor This document has important legal consequences. Consultation with an attorney is recommended with respect to its completion or modification. Table of Contents Article 1: General 2 Article 2: Contractor's Services and Responsibilities 2 Article 3: Owner's Services and Responsibilities 4 Article 4: Hazardous Conditions and Differing Site Conditions 6 Article 5: Insurance and Bonds 6 Article 6: Payment 8 Article 7: Indemnification g Article 8: Time 10 Article 9: Changes to the Contract Price and Time 10 Article 10: Contract Adjustments and Disputes 11 Article 11: Stop Work and Termination for Cause 12 Article 12: Miscellaneous 14 Channel Building Company,Inc. r / Standard Form of General Conditions of Contract Between Page 1 Owner and Contractor CBC 08/2008 version Article 1 government or quasi-government entity having General jurisdiction over the Project or Site, the practices involved in the Project or Site,or any Work. 1.1 Mutual Obligations 1.2.9 Owner's Project Criteria are developed by or 1.1.1 Owner and Contractor commit at all times to for Owner to describe Owner's program requirements cooperate fully with each other, and proceed on the and objectives for the Project, Including use, space, basis of trust and good faith, to permit each party to price, time, site and expandability requirements, as realize the benefits afforded under the Contract well as submittal requirements and other requirements governing Contractor's performance of Documents. the Work. Owner's Project Criteria may include 1.2 Basic Definitions ,conceptual documents, design criteria, performance irequirements and other Project-specific technical 1.2.1 Agreement refers to the executed contract materials and requirements. between Owner and Contractor under a certain 1.2.10 Site is the land or premises on which the Owner and Contractor Agreement by and between Project is located. New England Annual Conference of the United Methodist Church d/b/a Rolling Ridge Retreat and 11.2.11 Subcontractor is any person or entity Conference Center.and Channel Building Company, ,retained by Contractor as an independent contractor Inc.dated April016 to perform a portion of the Work and shall include 1.2.2 Allowances are amounts included in the materialmen and suppliers. Lump Sum Agreement or cost of the work of the GMP 11.2.12 Sub-Subcontractor is any person or entity Agreement. If the actual cost incurred is less than the retained by a Subcontractor as an independent Allowance budget, then a credit Change Order will be contractor to perform any portion of a Subcontractor's Costs incurred in excess of the Allowance budget done to the Lump Sum or GMP Agreement at cost. 'Work and shall include materialmen and suppliers. shall constitute a change in the Work, and a Change 1.2.13 Substantial Completion is the date on which Order will be executed to include the additional cost the Work, or an agreed upon portion of the Work, is plus General Conditions and the allowable Markup or ,sufficiently complete so that Owner can occupy and Fee. ;use the Project or a portion thereof for its intended 1.2.3 Alternates are costs which are not included purposes. in the Lump Sum or GMP Agreement. The Alternate shall be accepted by the Owner in a timely manner as 1.2.14 Work is comprised of all Contractor's construction and other services required by the outlined in the Agreement and shall constitute a change to the Work and the Lump Sum or GMP shall Contract Documents, including procuring and be adjusted accordingly by a Change Order. ;furnishing all materials, equipment, services and labor reasonably inferable from the Contract Documents. 1.2.4 Day or Days shall mean calendar days 1.2.15 Winter Conditions are comprised of any unless otherwise specifically noted in the Contract items required to perform the Work in inclement Documents. weather, which are typically not required during the 1.2.5 Design Consultant is a qualified, licensed summer, such as, but not limited to, hot water design professional who is retained by Owner, or concrete, cold weather concrete procedures or !additives, protection from or removal of frost and its employed or retained by anyone under contract with Owner, to furnish design services required under the replacement of unfrozen material, snow and ice Contract Documents. removal,tenting, heating, etc. 1.2.6 Hazardous Conditions are any materials, Article 2 wastes, substances and chemicals deemed to be Contractor's Services and hazardous under applicable Legal Requirements, or Responsibilities the handling, storage, remediation, or disposal of which are regulated by applicable Legal 2.1 General Services Requirements. 2.1.1 Contractor's Representative shall be 1.2.7 General Conditions of Contract refer to this reasonably available to Owner and shall have the Channel Building Company, Inc. Document, Standard necessary expertise and experience required to Form of General Conditions of Contract Between supervise the Work. Contractor's Representative Owner and Contractor(C BC 02/2008 version). shall communicate regularly with Owner and shall be vested with the authority to act on behalf of 1.2.8 Legal Requirements are all applicable Contractor. Contractor's Representative may be federal, state and local laws, codes, ordinances, i replaced only with the mutual agreement of Owner rules, regulations, orders and decrees of any and Contractor. I Channel Building Company,Inc. Standard Form of General Conditions of Contract Between Page 2f Owner and Contractor J CBC 08/2008 version approvals, licenses, government charges and 2.1.2 Contractor shall provide Owner with periodic inspection fees required for the prosecution of the updates detailing the progress of the Work, including Work by any government or quasi-government entity whether (i) the Work is proceeding according to having jurisdiction over the Project. schedule, (ii) discrepancies, conflicts, or ambiguities exist in the Contract Documents that require 2.3.2 Contractor shall provide reasonable resolution, (iii) health and safety issues exist in assistance to Owner in obtaining those permits, connection with the Work, and (iv)other items require approvals and licenses that are Owner's resolution so as not to jeopardize Contractor's ability responsibility. to complete the Work for the Contract Price and within the Contract Time(s). 2.4 Contractor's Construction Phase Services 2.1.3 Contractor shall prepare and submit, at least two (2) days prior to the meeting contemplated 'by 2.4.1 Unless otherwise provided in the Contract Section 2.1.4 hereof, a draft schedule for the Documents to be the responsibility of Owner or a execution of the Work for Owner's review and separate contractor, Contractor shall provide through response. The schedule shall indicate the dates for itself or Subcontractors the necessary supervision, the start and completion of the various stages of labor, inspection, testing, start-up, material, Work, including the dates when Owner information equipment, machinery, temporary utilities and other and approvals are required to enable Contractor to temporary facilities to permit Contractor to complete achieve the Contract Time(s). The schedule shall be construction of the Project consistent with the revised as required by conditions and progress of the Contract Documents. Work, but such revisions shall not relieve Contractor of its obligations to complete the Work within the 2.4.2 Contractor shall perform all construction Contract Time(s), as such dates may be adjusted in activities efficiently and with the requisite expertise, accordance with the Contract Documents. Owner's skill and competence to satisfy the requirements of review of and response to the schedule shall not be the Contract Documents. Contractor shall at all times construed as relieving Contractor of its complete and exercise complete and exclusive control over the exclusive control over the means, methods, means, methods, sequences and techniques of sequences and techniques for executing the Work. construction. 2.1.4 The parties will meet within ten (10) days 2.4.3 Contractor shall employ only Subcontractors after execution of the Agreement to discuss issues who are duly licensed and qualified to perform the affecting the administration of the Work and to Work consistent with the Contract Documents. Owner implement the necessary procedures, including those may reasonably object to Contractor's selection of relating to submittals and payment, to facilitate the any Subcontractor, provided that the Contract Price ability of the parties to perform their obligations under and/or Contract Time(s) shall be adjusted to the the Contract Documents. extent that Owner's decision impacts Contractor's cost and/or time of performance. 2.2 Legal Requirements and Notices 2.4.4 Contractor assumes responsibility to Owner 2.2.1 Contractor shall perform the Work in for the proper performance of the Work of accordance with all Legal Requirements and shall Subcontractors and any acts and omissions in provide all notices applicable to the Work. connection with such performance. Nothing in the Contract Documents is intended or deemed to create 2.2.2 The Contract Price and/or Contract Time(s) any legal or contractual relationship between Owner shall be adjusted to compensate Contractor for the and any Subcontractor or Sub-Subcontractor, effects of any changes in the Legal Requirements including but not limited to any third-party beneficiary enacted after the date of the Agreement affecting the rights. performance of the Work, or if a Guaranteed Maximum Price is established after the date of the 2.4.5 Contractor shall coordinate the activities of Agreement, the date the parties agree upon the all Subcontractors. If Owner performs other work on Guarantee Maximum Price. Such effects may include, the Project or at the Site with separate contractors without limitation, revisions Contractor is required to under Owner's control, Contractor agrees to make to the Construction Documents because of reasonably cooperate and coordinate its activities with changes in Legal Requirements. those of such separate contractors so that the Project can be completed in an orderly and coordinated 2.2.3 Contractor may file a Notice of Contract or manner without unreasonable disruption. other similar legal instrument(s)as allowed by law. 2.4.6 Contractor shall keep the Site reasonably 2.3 Government Approvals and Permits free from debris, trash and construction wastes to permit Contractor to perform its construction services 2.3.1 Except as identified in Contractor's Permit efficiently, safely and without interfering with the use List attached as an exhibit to the Agreement, Owner of adjacent land areas. Upon Substantial Completion shall obtain and pay for all necessary permits, of the Work, or a portion of the Work, Contractor shall Channel Building Company,Inc. Standard Form of General Conditions of Contract Between Page 3 Owner and Contractor ��rr✓ CBC 08/2008 version remove all debris, trash, construction wastes, unless otherwise specified in the Contract materials, equipment, machinery and tools arising Documents, of good quality, in conformance with the from the Work or applicable portions thereof to permit Contract Documents and free of defects in materials Owner to occupy the Project or a portion of the and workmanship. Contractor's warranty obligation Project for its intended use. excludes variations in natural materials, defects caused by abuse, alterations, or failure to maintain 2.5 Contractor's Responsibility the Work by persons other than Contractor or anyone for Project Safety for whose acts Contractor may be liable. Nothing in this warranty is intended to limit any manufacturer's 2.5.1 Contractor recognizes the importance of warranty which provides Owner with greater warranty performing the Work in a safe manner so as to rights than set forth in this Section 2.6 or the Contract prevent damage, injury or loss to (i) all individuals at Documents. Contractor will provide Owner with all the Site, whether working or visiting, (ii) the Work, manufacturers warranties upon Substantial including materials and equipment incorporated into Completion. the Work or stored on-Site or off-Site, and(iii)all other property at the Site or adjacent thereto. Contractor will 2.7 Correction of Defective Work require all Subcontractors and Contractors Employees to implement and monitor all safety .2.7.1 Contractor agrees to correct any Work that is precautions and programs related to the performance found to not be in conformance with the Contract of their Work. Contractor shall, prior to commencing Documents, including that part of the Work subject to construction, designate a Safety Representative with Section 2.6 hereof, within a period of one (1) year the necessary qualifications and experience to ensure from the date of Substantial Completion of the Work the implementation and monitoring of all safety or any portion of the Work, or within such longer precautions and programs by Subcontractor related to period to the extent required by the Contract the Work. Unless otherwise required,by the Contract Documents at no additional cost. Documents, Contractor's Safety Representative shall be an individual stationed at the Site who may have 2.7.2 Contractor shall, within seven (7) days of responsibilities on the Project in addition to safety. receipt of written notice from Owner that the Work is The Safety Representative shall make routine daily not in conformance with the Contract Documents, inspections of the Site and shall hold weekly safety take meaningful steps to commence correction of meetings with Contractor's personnel, Subcontractors such nonconforming Work, including the correction, and others as applicable. If a Safety Representative removal or replacement of the nonconforming Work is not specifically designated, the Superintendent and any damage caused to other parts of the Work shall be considered the Safety Representative. affected by the nonconforming Work. If Contractor fails to commence the necessary steps within such 2.5.2 Contractor and Subcontractors shall comply seven (7) day period, Owner, in addition to any other with all Legal Requirements relating to safety, as well remedies provided under the Contract Documents, as any Owner-specific safety requirements set forth in may provide Contractor with written notice that Owner the Contract Documents, provided that such Owner- will commence correction of such nonconforming specific requirements do not violate any applicable Work with its own forces. If Owner does perform such Legal Requirement. Contractor will immediately report corrective Work, Contractor shall be responsible for in writing any safety-related injury, loss, damage or all reasonable costs incurred by Owner in performing accident arising from the Work to Owner's such correction. If the nonconforming Work creates Representative and, to the extent mandated by Legal an emergency requiring an immediate response, the Requirements, to all government or quasi-government seven (7) day periods identified herein shall be authorities having jurisdiction over safety-related deemed inapplicable. matters involving the Project or the Work. k 2.7.3 The one (1) year period referenced in 2.5.3 Contractor's responsibilities for safety under Section 2.7.1 above applies only to Contractor's this Section 2.5 are not intended in any way to relieve obligation to correct nonconforming Work and is not Subcontractors and Sub-Subcontractors of their own intended to constitute a period of limitations for any contractual and legal obligations and responsibility for other rights or remedies Owner may have regarding (i) complying with all Legal Requirements, including Contractor's other obligations under the Contract those related to health and safety matters, and (ii) Documents. taking all necessary measures to implement and monitor all safety precautions and programs to guard Article 3 against injury, losses, damages or accidents resulting Owner's Services and from their performance of the Work. Responsibilities 2.6 Contractor's Warranty i 3.1 Duty to Cooperate 2.6.1 For one(1) year from the date of Substantial Completion, Contractor warrants to Owner that the : 3.1.1 Owner shall, throughout the performance of construction, including all materials and equipment the Work, cooperate with Contractor and perform its furnished as part of the construction, shall be new responsibilities, obligations and services in a timely Channel Building Company,Inc. Standard Form of General Conditions of Contract Between Page 4 Owner and Contractor CBC 08/2008 version U manner to facilitate Contractor's timely and efficient 3.2.3 Owner shall, consistent with applicable state performance of the Work and so as not to delay or licensing laws, provide through qualified, licensed interfere with Contractor's performance of its design professionals employed by Owner, or procured obligations under the Contract Documents. from qualified, independent licensed Design Consultants, the necessary design services, including 3.1.2 Owner or its designee shall timely provide architectural, engineering and other design information required to clarify the design and any professional services, for the preparation of the necessary modifications thereto to allow the required drawings, specifications and other design Contractor to complete the Work in accordance with submittals to permit Contractor to complete the Work the agreed schedule. Any delay resulting from the consistent with the Contract Documents. untimely delivery of design information will result in an extension of time for Contractor's performance and 3.3 Financial Information may result in an increase of General Condition's expenditure compensable by Change Order. Any 3.3.1 The Owner hereby represents and warrants increase in the Scope of Work as a result of that it has the legal right to construct the Work that is modifications to the design will result in a Change authorized by the Owner to be performed hereunder Order. and to direct the Contractor to proceed with the Project and the Work. 3.2 Furnishing of Services and Information 3.3.2 At anytime Contractor may request, and 3.2.1 Unless expressly stated to the contrary in the Owner shall promptly furnish reasonable evidence Contract Documents, Owner shall provide, at its own satisfactory to Contractor that Owner has adequate cost and expense, for Contractor's information and funds available and committed to fulfill all of Owner's use the following, all of which Contractor is entitled to contractual obligations under the Contract rely upon in performing the Work: Documents. If Owner fails to furnish such financial information in a timely manner, Contractor may stop .1 Surveys describing the property, Work under Section 11.3 hereof or exercise any other boundaries,topography and reference points right permitted under the Contract Documents. for use during construction, including existing service and utility lines; 3.3.3 Contractor shall cooperate with the reasonable requirements of Owner's lenders or other .2 Geotechnical studies describing financial sources. Notwithstanding the preceding subsurface conditions, and other surveys sentence, after execution of the Agreement, describing other latent or concealed physical Contractor shall have no obligation to execute for conditions at the Site,- Owner or Owner's lenders or other financial sources any documents or agreements that require Contractor .3 Temporary and permanent to assume obligations or responsibilities greater or easements, zoning and other requirements different than those existing obligations Contractor and encumbrances affecting land use, or has under the Contract Documents. necessary to permit the proper construction of the Project and enable Contractor to 3.4 Owner's Representative perform the Work; 3.4.1 Owner's Representative shall be responsible .4 A legal description of the Site, for providing Owner-supplied information and including Registry of Deeds location, book approvals in a timely manner to permit Contractor to and page number of recorded property; fulfill its obligations under the Contract Documents. Owner's Representative shall also provide Contractor .5 To the extent available, as-built and with prompt notice if it observes any failure on the part record drawings of any existing structures at of Contractor to fulfill its contractual obligations, the Site; and including any errors, omissions or defects in the performance of the Work. .6 To the extent available, environmental studies, reports and impact 3.5 Government Approvals and Permits statements describing the environmental conditions, including Hazardous Conditions, 3.5.1 Owner shall obtain and pay for all necessary in existence at the Site. permits,approvals, licenses,government charges and inspection fees except for those which are set forth in 3.2.2 Owner is responsible for securing and the Contractor's Permit List attached as an exhibit to executing all necessary agreements with adjacent the Agreement. land or property owners that are necessary to enable Contractor to perform the Work. Owner is further 3.5.2 Owner shall provide reasonable assistance responsible for all costs, including attorneys' fees, to Contractor in obtaining those permits, approvals incurred in securing these necessary agreements. and licenses that are Contractor's responsibility. 3.6 Owner's Separate Contractors Channel Building Company,Inc. Standard Form of General Conditions of Contract Between Page 5 `t f Owner and Contractor {JG CBC 08/2008 version presence, removal or remediation of Hazardous 3.6.1 Owner is responsible for all work performed 'Conditions at the Site. on the Project or at the Site by separate contractors under Owner's control. Owner shall contractually 4.1.6 Notwithstanding the preceding provisions of require its separate contractors to cooperate with, and this Section 4.1, Owner is not responsible for coordinate their activities so as not to interfere with, Hazardous Conditions introduced to the Site by Contractor in order to enable Contractor to timely Contractor, Subcontractors or anyone for whose acts complete the Work consistent with the Contract they may be liable. Contractor shall indemnify, defend Documents. and hold harmless Owner and Owner's officers, directors, employees and agents from and against all Article 4 1 claims, losses, damages, liabilities and expenses, Hazardous Conditions and including attorneys' fees and expenses, arising out of Differing Site Conditions or resulting from those Hazardous Conditions introduced to the Site by Contractor, Subcontractors 4.1 Hazardous Conditions or anyone for whose acts they may be liable. 4.2 Differing Site Conditions 4.1.1 Unless otherwise expressly provided in the Contract Documents to be part of the Work, 4.2.1 Concealed or latent physical conditions or Contractor is not responsible for any Hazardous subsurface conditions at the Site that (i) materially Conditions encountered at the Site. Upon differ from the conditions indicated in the Contract encountering any Hazardous Conditions, Contractor Documents or (ii) are of an unusual nature, differing will stop Work immediately in the affected area and materially from the conditions ordinarily encountered duly notify Owner and, if required by Legal and generally recognized as inherent in the Work are Requirements, all government or quasi-government collectively referred to herein as "Differing Site entities with jurisdiction over the Project or Site. Conditions." If Contractor encounters a Differing Site Condition, Contractor is entitled to an adjustment in 4.1.2 Upon receiving notice of the presence of the Contract Price and/or Contract Time(s) to the suspected Hazardous Conditions, Owner shall take extent Contractors cost and/or time of performance the necessary measures required to ensure that the are adversely impacted by the Differing Site Hazardous Conditions are remediated or rendered Condition. harmless. Such necessary measures shall include Owner retaining qualified independent experts to (i) 4.2.2 Upon encountering a Differing Site ascertain whether Hazardous Conditions have Condition, Contractor shall provide prompt written actually been encountered, and, if they have been notice to Owner of such condition, which notice shall encountered, (ii) prescribe the remedial measures not be later than fourteen (14) days after such that Owner must take either to remove the Hazardous condition has been encountered. Contractor shall, to Conditions or render the Hazardous Conditions the extent reasonably possible, provide such notice harmless. before the Differing Site Condition has been 4.1.3 Contractor shall be obligated to resume substantially disturbed or altered. Work at the affected area of the Project only after Article 5 Owner's expert provides it with written certification that(i)the Hazardous Conditions have been removed Insurance and Bonds or rendered harmless and (ii) all necessary approvals have been obtained from all government and quasi- 15.1 Contractor's Insurance Requirements government entities having jurisdiction over the Project or Site. 5.1.1 Contractor is responsible for procuring and 4.1.4 Contractor is entitled, in accordance with maintaining from insurance companies authorized to these General Conditions of Contract, to an do business in the state in which the Project is adjustment in its Contract Price and/or Contract located, the following insurance coverages for certain Time(s)to the extent Contractor's cost and/or time of claims which may arise from or out of the performance have been adversely impacted by the performance of the Work and obligations under the presence of Hazardous Conditions. Contract Documents: 4.1.5 To the fullest extent permitted by law, Owner .1 Coverage for claims arising under shall indemnify, defend and hold harmless Contractor, workers' compensation, disability and other Subcontractors, materialmen, suppliers, anyone similar employee benefit laws applicable to employed directly or indirectly for any of them, and the Work; their officers, directors, employees and agents, from 2 Coverage for claims by Contractors and against any and all claims, losses, damages, employees for bodily injury, sickness, liabilities and expenses, including attorneys' fees and disease,or death; expenses, arising out of or resulting from the Channel Building Company,P Y Inc. / Standard Form of General Conditions of Contract Between Page 6 Owner and Contractor n CBC 08/2008 version t t(,} .3 Coverage for claims by any person 5.2.1 Owner shall procure and maintain from other than Contractor's employees for bodily insurance companies authorized to do business in the injury, sickness, disease,or death; state in which the Project is located such liability insurance to protect Owner from claims which may .4 Coverage for usual personal injury arise from the performance of Owner's obligations liability claims for damages sustained by a under the Contract Documents or Owner's conduct person other than an employee of the during the course of the Project. Contractor; 5.3 Owner's Property Insurance .5 Coverage for claims for damages (other than to the Work) because of injury to 5.3.1 Unless otherwise provided in the Contract or destruction of tangible property including Documents, Owner shall procure and maintain from loss of use; insurance companies authorized to do business in the state in which the Project is located Builder's Risk .6 Coverage for claims for damages property insurance upon the entire Project to the full because of bodily injury or death, or property insurable replacement value of the Project, including damage resulting from ownership, use and professional fees, overtime premiums and all other maintenance of any motor vehicle;and expenses incurred to replace or repair the insured property. The Builder's Risk property insurance .7 Coverage for contractual liability obtained by Owner shall include as named insureds claims arising out of Contractor's obligations the interests of Owner, Contractor, Design under Section 7.3.1 hereof. Consultants, Subcontractors and Sub-Subcontractors, and shall insure against all risks of direct physical 5.1.2 Contractor's liability insurance required by loss, including collapse, flood, earthquake, debris Section 5.1.1 above shall be written for the coverage removal, as well as building ordinance or law amounts set forth in the Agreement and shall include coverage and other perils or causes of loss as called completed operations insurance for the period one(1) for in the Contract Documents. The Builder's Risk year. property insurance shall include physical loss or damage to the Work, including materials and 5.1.3 Notwithstanding anything to the contrary set equipment in transit, at the Site or at another location forth elsewhere herein, the Contract Documents or as may be indicated in Contractor's Application for any other documents, the Owner hereby agrees that Payment and approved by Owner. for it and anyone claiming by, through or under the Owner for any damages resulting from the 5.3.2 Unless the Contract Documents provide Contractor's errors, omissions, or negligence, otherwise, Owner shall procure and maintain boiler Contractor's liability to all claimants at any time shall and machinery insurance that will include the interests be a single aggregate sum not to exceed Fifty of Owner, Contractor, Design Consultants, Thousand and 001100 Dollars ($50,000.00) or Subcontractors and Sub-Subcontractors. Contractor's fee (Basic and Additional), whichever amount is less. The Owner hereby agrees that for it 5.3.3 Prior to Contractor commencing any Work, and anyone claiming by, through or under the Owner Owner shall provide Contractor with certificates for any damages resulting from Contractor's errors, evidencing that (i) all Owner's insurance obligations omissions, or negligence, the only recourse as to any required by the Contract Documents are in full force claims shall be strictly limited to the above single and in effect and will remain in effect until Contractor aggregate amount and the Owner and anyone has completed all of the Work and has received final claiming by, through or under the Owner shall look payment from Owner and (ii) no insurance coverage solely to such single aggregate amount. will be canceled, renewal refused, or materially changed unless at least thirty (30) days prior written 5.1.4 To the extent Owner requires Contractor to notice is given to Contractor. Owner's Builder's Risk procure a payment or performance bond, the Owner property insurance shall not lapse or be canceled if is required to pay all fees associated with the Owner occupies a portion of the Work pursuant to procurement of said bonds. Section 6.6.3 hereof. Owner shall provide Contractor with the necessary endorsements from the insurance 5.1.5 Prior to commencing any construction company prior to occupying a portion of the Work. services hereunder, Contractor will provide Owner with certificates evidencing that (i) all insurance 5.3.4 Any loss covered under Owner's Builder's obligations required by the Contract Documents are in Risk property insurance shall be adjusted with Owner full force and in effect and will remain in effect for the and Contractor and made payable to both of them as duration required by the Contract Documents and (ii) trustees for the insureds as their interests may no insurance coverage will be canceled, renewal appear, subject to any applicable mortgage clause.All refused, or materially changed unless at least thirty insurance proceeds received as a result of any loss (30)days prior written notice is given to Owner. will be placed in a separate account and distributed in accordance with such agreement as the interested 5.2 Owner's Liability Insurance parties may reach. Any disagreement concerning the distribution of any proceeds will be resolved in Channel Building Company,Inc. Standard Form of General Conditions of Contract Between Page 7 Owner and Contractor CBC 08/2008 version f accordance with Article 10 hereof. Not withstanding 6.3 Withholding of Payments any other provision of this contract, the Owner is responsible for the payment of any deductibles 6.3.1 On or before the date established in the applicable to any of the proceeds of the Builder's Risk Agreement, Owner shall pay Contractor all amounts property insurance. properly due. If Owner determines that Contractor is not entitled to all or part of an Application for 5.3.5 Owner and Contractor waive against each Payment, it will notify Contractor in writing at least five other and Owner's separate contractors, Design (5) days prior to the date payment is due. The notice Consultants, Subcontractors, agents and employees shall indicate the specific amounts Owner intends to of each and all of them, all damages covered by withhold, the reasons and contractual basis for the Builder's Risk property insurance provided herein, withholding, and the specific measures Contractor except such rights as they may have to the proceeds must take to rectify Owner's concerns. Contractor and of such insurance. Contractor and Owner shall,where Owner will attempt to resolve Owner's concern prior to appropriate, require similar waivers from Owner's the date payment is due. If the parties cannot resolve separate contractors, Design Consultants and such concerns, Contractor may pursue its rights Subcontractors and shall require each of them to under the Contract Documents, including those under include similar waivers in their contracts. Article 10 hereof. Article 6 h 6.3.2 Notwithstanding anything to the contrary in Payment the Contract Documents, Owner shall pay Contractor all undisputed amounts in an Application for Payment 6.1 Schedule of Values within the times required by the Agreement. 6.1.1 Within ten (10) days of execution of the 6.4 Right to Stop Work and Interest Agreement, Contractor shall submit for Owner's 6.4.1 If Owner fails to pay Contractor any amount review and approval a Schedule of Values for all of that becomes due, Contractor, in addition to all other the Work. The Schedule of Values will (i) subdivide remedies provided in the Contract Documents, may the Work into its respective parts, (ii) include values stop Work pursuant to Section 11.3 hereof. All for all items comprising the Work; and (iii) serve as the basis for monthly progress payments made to payments due and unpaid shall bear interest at the Contractor throughout the Work. rate set forth in the Agreement. 6.2 Monthly Progress Payments 6.5 Contractor's Payment Obligations 6.2.1 On or before the date established in the 6.5.1 Contractor will pay Subcontractors, in Agreement, Contractor shall submit for Owner's accordance with its contractual obligations to such review and approval its Application for Payment parties, all the amounts Contractor has received from requesting payment for all Work performed as of the Owner on account of their work. Contractor will last day of the previous month. The Application for impose similar requirements on Subcontractors to pay Payment shall be accompanied by all supporting those parties with whom they have contracted. documentation required by the Contract Documents Contractor will indemnify and defend Owner against and/or established at the meeting required by Section any claims for payment and mechanic's liens as set 2.1.4 hereof. forth in Section 7.3 hereof. 6.2.2 The Application for Payment may request 6.6 Substantial Completion payment for equipment and materials not yet 6.6.1 Contractor shall notify Owner when it incorporated into the Project, provided that (i) Owner believes the Work, or to the extent permitted in the is satisfied that the equipment and materials are Contract Documents, a portion of the Work, is suitably stored at either the Site or another acceptable location, (ii) the equipment and materials are substantially complete.Within five(5)days of Owners protected by suitable insurance, and (iii) upon receipt of Contractor's notice, Owner and Contractor payment, Owner will receive the equipment and will jointly inspect such Work to verify that it is materials free and clear of all liens and substantially complete in accordance with the encumbrances. requirements of the Contract Documents. If such Work is substantially complete, Contractor shall 6.2.3 The Application for Payment shall constitute prepare and issue a Certificate of Substantial Contractor's representation that the Work has been Completion that will set forth(i)the date of Substantial performed consistent with the Contract Documents, Completion of the Work or portion thereof, (ii) the has progressed to the point indicated in the remaining items of Work that have to be completed Application for Payment, and that title to all Work will before final payment, (iii) provisions (to the extent not pass to Owner free and clear of all claims, liens, already provided in the Contract Documents) encumbrances, and security interests upon establishing Owner's and Contractor's responsibility Contractor's receipt of payment. for the Project's security, maintenance, utilities and insurance pending final payment, and (iv) an acknowledgment that warranties commence to run on Channel Building Company,Inc. Standard Form of General Conditions of Contract Between Page 8 Owner and Contractor /O CBC 08/2008 version I i i the date of Substantial Completion, except as may obligations, if such failure affects Owner's interests, otherwise be noted in the Certificate of Substantial (ii) unknown or latent defects with the Work and Completion. correction of defective work pursuant to 2.7 hereof, and (iii) the terms of any special warranties required 6.6.2 Upon Substantial Completion of the entire by the Contract Documents. Work or, if applicable, any portion of the Work, Owner shall release to Contractor all retained amounts Article 7 relating, as applicable, to the entire Work or Indemnification completed portion of the Work, less an amount equal to the reasonable value of all remaining or incomplete 7,1 Tax Claim Indemnification items of Work as noted in the Certificate of Substantial Completion. 7.1.1 If, in accordance with Owner's direction, an 6.6.3 Owner, at its option, may use a portion of the exemption for all or part of the Work is claimed for Work which has been determined to be substantially taxes, Owner shall indemnify, defend and hold complete, provided, however, that (i) a Certificate of harmless Contractor from and against any liability, Substantial Completion has been issued for the penalty, interest, fine,tax assessment, attorneys'fees portion of Work addressing the items set forth in or other expenses or costs incurred by Contractor as Section 6.6.1 above, (ii) Contractor and Owner have a result of any action taken by Contractor in obtained the consent of their sureties and insurers, accordance with Owner's directive. and to the extent applicable, the appropriate 7.2 Payment Claim Indemnification government authorities having jurisdiction over the Project, and (iii) Owner and Contractor agree that 7.2.1 Providing that Owner is not in breach of its Owner's use or occupancy will not interfere with contractual obligation to make payments to Contractor Contractor's completion of the remaining Work. for the Work, Contractor shall indemnify, defend and 6.7 Final Payment hold harmless Owner from any claims or mechanic's liens brought against Owner or against the Project as 6.7.1 After receipt of a Final Application for a result of the failure of Contractor, or those for whose Payment from Contractor, Owner shall make final acts it is responsible, to pay for any services, payment by the time required in the Agreement, materials, labor, equipment, taxes or other items or provided that Contractor has completed all of the obligations furnished or incurred for or in connection Work in conformance with the Contract Documents. with the Work. Within three (3) days of receiving written notice from Owner that such a claim or 6.7.2 At the time of submission of its Final mechanic's lien has been filed, Contractor shall Application for Payment, Contractor shall provide the commence to take the steps necessary to discharge following information: said claim or lien, including, if necessary, the furnishing of a mechanic's lien bond. .1 An affidavit that there are no known 7.3 Contractor's General Indemnification claims, obligations or liens outstanding or unsatisfied for labor, services, material, 7.3.1 Contractor, to the fullest extent permitted by equipment, taxes or other items performed, law, shall indemnify and hold harmless Owner, its furnished or incurred for or in connection officers, directors, employees and agents from and with the Work which will in any way affect against claims, losses, damages, liabilities, for bodily Owner's interests; injury, sickness or death, and property damage or .2 A general release executed by destruction (other than to the Work itself) but only to Contractor waiving, upon receipt of final the extent directly resulting from the negligent acts or payment by Contractor,final payment; omissions of Contractor, Subcontractors, anyone employed directly or indirectly by any of them or .3 Consent of Contractor's surety, if anyone for whose acts any of them may be liable. any,to final payment; 7.4 Owner's General Indemnification .4 All operating manuals, warranties 7,4.1 Owner, to the fullest extent permitted by law, and other deliverables required by the shall indemnify, hold harmless and defend Contractor Contract Documents; and and any of Contractor's officers, directors, employees, .5 Certificates of insurance confirming or agents from and against claims, losses, damages, that required coverages will remain in effect liabilities, including attorneys' fees and expenses, for consistent with the requirements of the bodily injury, sickness or death, and property damage Contract Documents. or destruction (other than to the Work itself) to the extent resulting from the negligent acts or omissions 6.7.3 Upon making final payment, Owner waives of Owner's separate contractors or anyone for whose all claims against Contractor except claims relating to acts any of them may be liable. (i) Contractor's failure to satisfy its payment Channel Building Company,Inc. Standard Form of General Conditions of Contract Between Page 9 Owner and Contractor CBC 08/2008 version 9.1.2 All changes in the Work authorized by applicable Change Order shall be performed under Article 8 the applicable conditions of the Contract Documents. Time Owner and Contractor shall negotiate in good faith and as expeditiously as possible the appropriate 8.1 Obligation to Achieve the Contract Times adjustments for such changes. 8.1.1 Contractor agrees that it will commence 9.1.3 If Owner requests a proposal for a change in performance of the Work and achieve the Contract the Work from Contractor and subsequently elects not Time(s) in accordance with Article 5 of the to proceed with the change, a Change Order shall be Agreement. Issued to reimburse Contractor for reasonable costs j incurred for estimating services and services involved 8.2 Delays to the Work in the preparation of proposed revisions to the Contract Documents. 8.2.1 If Contractor is delayed in the performance 9.2 Work Change Directives of the Work due to acts, omissions, conditions, events, or circumstances beyond its control and due !9.2.1 A Work Change Directive is a written order to no fault of its own or those for whom Contractor is prepared and signed by Owner, directing a change in responsible, the Contract Time(s) for performance shall be reasonably extended by Change Order. By ,the Work prior to agreement on an adjustment in the way of example, events that will entitle Contractor to Contract Price and/or the Contract Time(s). an extension of the Contract Time(s) include acts or 9.2.2 Owner and Contractor shall negotiate in omissions of Owner or anyone under Owner's control good faith and as expeditiously as possible the (including separate contractors), changes in the Work, appropriate adjustments for the Work Change Differing Site Conditions, Hazardous Conditions, Directive. Upon reaching an agreement, the parties wars, floods, labor disputes, unusual delay in shall prepare and execute an appropriate Change transportation, unusual delay in utility provider's work, Order reflecting the terms of the agreement. Daily epidemics abroad, earthquakes, adverse weather work slips documenting reasonable expense and conditions not reasonably anticipated, :and other acts savings in performance of the Work shall be signed of God. for by Owner (or Owner's Representative) for work 8.2.2 In addition to Contractor's right to a time performed pursuant to a Work Change Directive and extension for those events set forth in Section 8.2.1 Payment shall occur, unless agreement is made above, Contractor shall also be entitled to an otherwise, in accordance with 9.4.1.4. appropriate adjustment of the Contract Price 9.3 Minor Changes in the Work provided, however, that the Contract Price shall not be adjusted for those events set forth in Section 8.2.1 9.3.1 Minor changes in the Work do not involve an above that are beyond the control of both Contractor adjustment in the Contract Price and/or Contract and Owner, specifically limited to events of war, Time(s)and do not materially and adversely affect the floods, labor disputes, earthquakes, epidemics, I Work, includingthe design, quality, adverse weather conditions not reasonably 9 q ty, performance and anticipated, and other acts of God. workmanship required by the Contract Documents. Contractor may make minor changes in the Work Article 9 consistent with the intent of the Contract Documents, provided, however that Contractor shall promptly Changes to the inform Owner, in writing, of any material changes and Contract Price and Time record such changes on the documents maintained by Contractor. 9.1 Change Orders 9.4 Contract Price Adjustments 9.1.1 A Change Order is a written instrument issued after execution of the Agreement signed by G 9.4.1 The increase or decrease in Contract Price Owner and Contractor, stating their agreement upon resulting from a change in the Work shall be all of the following: determined by one or more of the following methods: .1 The scope of the change in the 1 Unit prices set forth in the Work; Agreement or as subsequently agreed to between the parties; .2 The amount of the adjustment to the Contract Price;and j .2 A mutually accepted, lump sum, properly itemized and supported by sufficient .3 The extent of the adjustment to the substantiating data to permit evaluation by Contract Time(s). Owner; I Channel Building Company,Inc. Standard Form of General Conditions of Contract Between Page 10 Owner and Contractor CBC 08/2008 version .3 Costs, fees and any other markups 9.5.1 In any emergency affecting the safety of set forth in the Agreement;and persons and/or property, Contractor shall act, at its discretion, to prevent threatened damage, injury or .4 If an increase or decrease cannot loss. Any change in the Contract Price and/or be agreed to as set forth in items .1 through Contract Time(s)on account of emergency work shall .3 above and Owner issues a Work Change be determined as provided in this Article 9. Directive, the cost of the change of the Work shall be determined by the reasonable Article 10 expense and savings in the performance of Contract Adjustments and Disputes the Work resulting from the change, not limited to Contractor's Billable Rates, 10.1 Requests for Contract Adjustments and including a reasonable overhead and profit, Relief as may be set forth in the Agreement. If the net result of both additions and deletions to 10.1.1 If either Contractor or Owner believes that it the Work is an increase in the Contract is entitled to relief against the other for any event Price, overhead and profit shall be calculated arising out of or related to the Work or Project, such on the basis of the net increase to the Contract Price. If the net result of both Party shall provide written notice to the other party of additions and deletions a the Work a the basis for its claim for relief. Such notice shall, if decrease in the Contract Price, there shall possible, be made prior to incurring any cost or be re overhead or profit adjustment to the expense and in accordance with any specific notice Contract Price. Contractor shall maintain a requirements contained in applicable sections of documented, itemized accounting evidencing these General Conditions of Contract. In the absence the expenses and savings associated with of any specific notice requirement, written notice shall such changes. be given within a reasonable time, not to exceed thirty (30) days, after the occurrence giving rise to the claim 9.4.2 If unit prices are set forth in the Contract for relief or after the claiming parry reasonably should Documents or are subsequently agreed to by the have recognized the event or condition giving rise to parties, but application of such unit prices will cause the request, whichever is later. Such notice shall substantial inequity to Owner or Contractor because include sufficient information to advise the other party of differences in the character or quantity of such unit of the circumstances giving rise to the claim for relief, items as originally contemplated, such unit prices the specific contractual adjustment or relief requested shall be equitably adjusted. and the basis of such request. 9.4.3 If Owner and Contractor disagree upon 10.2 Dispute Avoidance and Resolution whether Contractor is entitled to be paid for any 10.2.1 The parties are fully committed to working services required by Owner, or if there are any other with each other throughout the Project and agree to disagreements over the Scope of Work or proposed communicate regularly with each other at all times so changes to the Work, Owner and Contractor shall as to avoid or minimize disputes or disagreements. If resolve the disagreement pursuant to Article 10 disputes or disagreements do arise, Contractor and hereof. As part of the negotiation process, Contractor Owner each commit to resolving such disputes or shall furnish Owner with a good faith estimate of the disagreements in an amicable, professional and costs to perform the disputed services in accordance with Owner's interpretations. If the parties are unable expeditious manner so as to avoid unnecessary to agree and Owner expects Contractor to perform losses, delays and disruptions to the Work. the services in accordance with Owner's 10.2.2 Contractor and Owner will first attempt to interpretations, Contractor shall proceed to perform resolve disputes or disagreements at the field level the disputed services, conditioned upon Owner through discussions between Contractor's issuing a written order to Contractor (i) directing Representative and Owner's Representative. Contractor to proceed and (ii) specifying Owner's interpretation of the services that are to be performed. 10.2.3 If a dispute or disagreement cannot be If this occurs, Contractor shall be entitled to submit in resolved through Contractor's Representative and its Applications for Payment an amount equal to fifty Owner's Representative, Contractor's Senior percent (50%) of its reasonable estimated direct cost Representative and Owner's Senior Representative, to perform the services, and Owner agrees to pay upon the request of either party, shall meet as soon such amounts,with the express understanding that(i) as conveniently possible, but in no case later than such payment by Owner does not prejudice Owner's thirty (30) days after such a request is made, to right to argue that it has no responsibility to pay for attempt to resolve such dispute or disagreement. such services and (ii) receipt of such payment by Prior to any meetings between the Senior Contractor does not prejudice Contractor's right to Representatives, the parties will exchange relevant seek full payment of the disputed services if Owner's information that will assist the parties in resolving their order is deemed to be a change to the Work. dispute or disagreement. 9.5 Emergencies Channel Building Company,Inc. Standard Forth of General Conditions of Contract Between Page 11 Owner and Contractor CBC 08/2008 version 10.2.4 If after meeting the Senior Representatives not limited to losses of use, profits, business, determine that the dispute or disagreement cannot be reputation or financing. resolved on terms satisfactory to both parties, the parties shall submit the dispute or disagreement to 10.5.2 The consequential damages limitation set non-binding mediation. The mediation shall be forth in Section 10.5.1 above is not intended to affect conducted by a mutually agreeable impartial the payment of liquidated damages, if any, set forth in mediator, or if the parties cannot so agree, a mediator Article 5 of the Agreement, which both parties designated by the American Arbitration Association recognize has been established, in part, to reimburse ("AAA") pursuant to its Construction Industry Owner for some damages that might otherwise be Mediation Rules. The mediation will be governed by deemed to be consequential. and conducted pursuant to a mediation agreement negotiated by the parties or, if the parties cannot so Article 11 agree, by procedures established by the mediator. Stop Work and Termination for Cause 10.3 Arbitration 11.1 Owner's Right to Stop Work 10.3.1 Any claims, disputes or controversies 11.1.1 Owner may, without cause and for its between the parties arising out of or relating to the convenience, order Contractor in writing to stop and Agreement, or the breach thereof, which have not suspend the Work. Such suspension shall not exceed been resolved in accordance with the procedures set (i) thirty (30) consecutive or aggregate days, or (ii) forth in Section 10.2 above shall be decided by twenty percent (20%) of the planned duration of the arbitration in accordance with the Construction Project,whichever is shorter. Industry Arbitration Rules of the AAA then in effect, unless the parties mutually agree otherwise. 11.1.2 Contractor is entitled to seek an adjustment 10.3.2 The award of the arbitrator(s) shall be final of the Contract Price and/or Contract Time(s) if its cost or time to perform the Work has been adversely and binding upon the parties without the right of appeal to the courts. Judgment may be entered upon impacted by any suspension or stoppage of work by it in accordance with applicable law by any court ' Owner. having jurisdiction thereof. 11.2 Owner's Right to Perform and 10.3.3 Contractor and Owner expressly agree that Terminate for Cause any arbitration pursuant to this Section 10.3 may be 11.2.1 If Contractor persistently fails to (i) provide a joined or consolidated with any arbitration involving sufficient number of skilled workers, (ii) supply the any other person or entity (i) necessary to resolve the materials required by the Contract Documents, (iii) claim, dispute or controversy or (ii) substantially comply with applicable Legal Requirements, (iv) involved in or affected by such claim, dispute or timely pay, without cause Subcontractors, (v) controversy. Both Contractor and Owner will include appropriate provisions in all contracts they execute prosecute the Work with promptness and diligence to with other parties in connection with the Project to ensure that the Work is completed by the Contract require such joinder or consolidation. Time(s), as such times may be adjusted, or (vi) perform material obligations under the Contract 10.3.4 The prevailing party in any arbitration, or any Documents, then Owner, in addition to any other rights and remedies provided in the Contract other final, binding dispute proceeding upon which the Documents or by law, shall have the rights set forth Contract parties may agree, shall be entitled to recover from Sections is or and , steal below. in the other party reasonable attorneys' fees and expenses incurred by the prevailing party. 11.2.2 Upon the occurrence of an event set forth in 10.4 Duty to Continue Performance Section 11.2.1 above, Owner may provide written notice to Contractor that it intends to terminate the 10.4.1 Unless provided to the contrary in the Agreement unless the problem cited is cured, or Contract Documents, Contractor shall continue to commenced to be cured, within seven (7) days of � Contractor's receipt of such notice. If Contractor fails perform the Work and Owner shall continue to satisfy to cure, or reasonably commence to cure, such its payment obligations to Contractor, pending the final resolution of any dispute or disagreement I Problem, then Owner may give a second written between Contractor and Owner. notice to Contractor of its intent to terminate within an additional seven (7) day period. If Contractor, within 10.5 Consequential Damages such second seven (7) day period, fails to cure, or reasonably commence to cure, such problem, then 10.5.1 Notwithstanding anything herein to the Owner may declare the Agreement terminated for contrary (except as set forth in section 10.5.2 below), default by providing written notice to Contractor of neither Contractor nor Owner shall be liable to the such declaration. other for any consequential losses or damages, 11.2.3 Upon declaring the Agreement whether arising in contract, warranty, tort (including terminated pursuant to Section 11.2.2 above, Owner negligence), strict liability or otherwise, including but l Channel Building Company,Inc. Standard Form of General Conditions of Contract Between Page 12 Owner and Contractor CBC 08/2008 version �/� may enter upon the premises and take possession, for the purpose of completing the Work, of all .1 The Work has been stopped for (i) materials, equipment, scaffolds, tools, appliances and thirty (30) consecutive or aggregate days; or other items thereon, which have been purchased or (ii) twenty percent (20%) of the planned provided for the performance of the Work, all of which duration of the Project, whichever period is Contractor hereby transfers, assigns and sets over to shorter, because of court order, any Owner for such purpose, and to employ any person or government authority having jurisdiction over persons to complete the Work and provide all of the the Work, or orders by Owner under Section required labor, services, materials, equipment and 11.1.1 hereof, provided that such stoppages other items. In the event of such termination, are not due to the acts or omissions of Contractor shall not be entitled to receive any further Contractor or anyone for whose acts payments under the Contract Documents until the Contractor may be responsible. Work shall be finally completed in accordance with the Contract Documents. At such time, if the unpaid .2 Owner's failure to provide balance of the Contract Price exceeds the cost and Contractor with any information, permits or expense incurred by Owner in completing the Work, approvals that are Owner's responsibility such excess shall be paid by Owner to Contractor. If under the Contract Documents which result Owner's cost and expense of completing the Work in Work stoppage amounting to more than (i) exceeds the unpaid balance of the Contract Price, thirty (30) consecutive or aggregate days; or then Contractor shall be obligated to pay the (ii) twenty percent (20%) of the planned difference to Owner. Such costs and expenses shall duration of the Project, whichever period is include not only the cost of completing the Work, but shorter, even though Owner has not ordered also losses, damages, costs and expenses arising Contractor in writing to stop and suspend the from Contractor's default, subject to the waiver of Work pursuant to Section 11.1.1 hereof consequential damages set forth in Section 10.5 hereof. .3 Owner's failure to cure the problems set forth in Section 11.3.1 above 11.2.4 If Owner improperly terminates the after Contractor has stopped the Work. Agreement for cause, the termination for cause will be converted to a termination for convenience in 11.4.2 Upon the occurrence of an event set forth in accordance with the provisions of Article 8 of the Section 11.4.1 above, Contractor may provide written Agreement. notice to Owner that it Intends to terminate the Agreement unless the problem cited is cured, or 11.3 Contractor's Right to Stop Work commenced to be cured, within seven (7) days of Owner's receipt of such notice. If Owner fails to cure, 11.3.1 Contractor may, in addition to any other or reasonably commence to cure, such problem, then rights afforded under the Contract Documents or at Contractor may give a second written notice to law, stop work for the following reasons: Owner's Senior Representative of its intent to terminate within an additional seven (7) day period. If .1 Owner's failure to provide financial Owner, within such second seven (7) day period, fails assurances as required under Section 3.3 to cure, or reasonably commence to cure, such hereof; or problem, then Contractor may declare the Agreement terminated for default by providing written notice to .2 Owner's failure to pay amounts Owner of such declaration. In such case, Contractor properly due under Contractor's Application shall be entitled to recover in the same manner as if for Payment. Owner had terminated the Agreement for its convenience under Article 8 of the Agreement. 11.3.2 Should any of the events set forth in Section 11.3.1 above occur, Contractor has the right to 11.5 Bankruptcy of Owner or Contractor provide Owner with written notice that Contractor will stop work unless said event is cured within seven (7) 11.5.1 If either Owner or Contractor institutes or has days from Owner's receipt of Contractor's notice. If instituted against it a case under the United States Owner does not cure the problem within such seven Bankruptcy Code (such party being referred to as the (7) day period, Contractor may stop work. In such "Bankrupt Party"), such event may impair or frustrate case, Contractor shall be entitled to make a claim for the Bankrupt Party's ability to perform its obligations adjustment to the Contract Price and Contract Time(s) under the Contract Documents. Accordingly, should to the extent it has been adversely impacted by such such event occur: stoppage. .1 The Bankrupt Party, its trustee or 11.4 Contractor's Right to Terminate for Cause other successor, shall furnish, upon request of the non-Bankrupt Party adequate 11.4.1 Contractor, in addition to any other rights assurance of the ability of the Bankrupt Party and remedies provided in the Contract Documents or to perform all future material obligations by law, may terminate the Agreement for cause for under the Contract Documents, which the following reasons: assurances shall be provided within ten (10) Channel Building Company,Inc. Standard Form of General Conditions of Contract Between Page 13 �if Owner and Contractor JC(f CBC 08/2008 version /� a days after receiving notice of the request; 12.4.1 If any provision or any part of a provision of and the Contract Documents shall be finally determined to be superseded, invalid, illegal, or otherwise .2 The Bankrupt Party shall file an unenforceable pursuant to any applicable Legal appropriate action within the bankruptcy Requirements, such determination shall not impair or court to seek assumption or rejection of the otherwise affect the validity, legality, or enforceability Agreement within sixty (60) days of the of the remaining provision or parts of the provision of institution of the bankruptcy filing and shall the Contract Documents, which shall remain in full diligently prosecute such action. force and effect as if the unenforceable provision or part were deleted. If the Bankrupt Party fails to comply with its foregoing obligations,the non-Bankrupt Party shall be entitled to 12.5 No Waiver request the bankruptcy court to reject the Agreement, declare the Agreement terminated and pursue any 12.5.1 The failure of either Contractor or Owner to other recourse available to the non-Bankrupt Party insist, in anyone or more instances, on the under this Article 11performance of any of the obligations required by the other under the Contract Documents shall not be 11.5.2 The rights and remedies under Section construed as a waiver or relinquishment of such 11.5.1 above shall not be deemed to limit the ability of obligation or right with respect to future performance. the non-Bankrupt Party to seek any other rights and remedies provided by the Contract Documents or by 12.6 Headings law, including its ability to seek relief from any automatic stays under the United States Bankruptcy 12.6.1 The headings used in these General Code or the right of Contractor to stop Work under Conditions of Contract or any other Contract any applicable provision of these General Conditions Document, are for ease of reference only and shall of Contract. not in any way be construed to limit or alter the meaning of any provision. Article 12 Miscellaneous 1 12.7 Notice 12.1 Assignment 12.7.1 Whenever the Contract Documents require that notice be provided to the other party, notice will 12.1.1 Neither Contractor nor Owner shall, without be deemed to have been validly given (i) if delivered the written consent of the other assign, transfer or in person to the individual intended to receive such sublet any portion or part of the Work or the notice, (ii) four(4) days after being sent by registered obligations required by the Contract Documents, or certified mail, postage prepaid to the address notwithstanding Contractor's right to subcontract indicated in the Agreement, or (iii) if transmitted by portions of the work. facsimile, by the time stated in a machine generated confirmation that notice was received at the facsimile 12.2 Successorship number of the intended recipient. 12.2.1 Contractor and Owner intend that the 12.8 Amendments provisions of the Contract Documents are binding 12.8.1 The Contract Documents may not be upon the parties, their employees, agents, heirs, successors and assigns. k changed, altered, or amended in any way except in writing signed by a duly authorized representative of 12.3 Governing Law each party. 12.3.1 The Agreement and all Contract Documents 12.9 Additional Owner Representations shall be governed by the laws of the Commonwealth 12.9.1 The Owner hereby represents and warrants of Massachusetts and any legal remedy, including that it has the financial capacity to promptly pay for arbitration, shall be brought by all parties in Middlesex the Project and the Work directed by the Owner to be County, Massachusetts. Nothing herein shall be performed by the Contractor. construed to prevent the encumbrance of the Project, wherever located, with a lien or judgment remedy, 12.9.2 Whenever action, consent, or approval of the which may be perfected, and stayed if judicial Owner is required, the Owner shall act timely and economy so justifies, until the conclusion through reasonable and shall not unreasonably withhold judgment, award, settlement and otherwise of any information or delay any action,consent or approval. related legal remedy under Agreement and/or Contract Documents. 12.10 Good Faith 12.4 Severability 12.10.1 The Owner and the Contractor agree to act in good faith and in a reasonable manner in all dealing with each other and in connection with the Channel Building Company,Inc. Standard Form of General Conditions of Contract Between Page 14 O Owner and Contractor CBC 08/2008 version n L\ Project and the Work. The Owner shall cause its consultants and separate contractors to act in good faith and in a reasonable manner in all of their dealing with the Contractor in connection with the Project and the Work. Whenever action, consent, or approval of the Owner's consultants or separate contractors is required, the Owner shall cause its consultants or separate contractors to act timely and reasonably. Channel Building Company,Inc. Standard Form of General Conditions of Contract Between Page 15 { / Owner and Contractor G CBC 08/2008 version CHANNEL BUILDING COMPANY March 4, 2016 Rev. Larry Peacock 660 Great Pond Road North Andover, MA 01845 Dear Larry, Our current price of$595,000 includes all of the work per our original proposal dated 213/2016 with the exception of the following modifications: Deductions: Reduction of project duration and general conditions due to decreased scope - Omit Paving - Substitute stone dust for concrete at exterior walkway - Omit all finishes and MEP at Second Floor o Work will include electrical subpanel for future distribution,plumbing stubs, sprinkler system o Work will include 2 only FCU fan coil units - Omit all exterior repairs, including stucco, painting, trim. - Omit all exterior railings - Omit ADA Lift and all associated work, including foundation,footing, enclosures, MEP requirements. - Omit sinks and associated plumbing at all guestroom,s - Omit electric door operators at Door#I,#2,and#18 Additions: - Convert ground floor Meditation Room to guest suite as per sketch by Davis Square Architects 3/3!2016 Notes: - HVAC systems will be constructed as per original drawings by Norian/Siani Engineering except as noted above - Pricing is based on approved substitute lighting package Civil Engineering and Asbestos Abatement are excluded Contingency is excluded Since ly, I Jerry for Channel Building Company 355 Middlesex Avenue ■ Wilmington, MA 01887-2163 ■ 978.657.7300 fax: 978.657.7788 • www.channelbuilding.com CHANNEL BUILDING COMPANY April 15, 2016 Rev. Larry Peacock, Executive Director New England Annual Conference of the United Methodist Church d/b/a Rolling Ridge Retreat and Conference Center 276 Essex Street, PO BOX 249 Lawrence, MA 01842 Dear Rev. Peacock, This letter serves as our intent to enter into a mutually agreeable construction Agreement for the project at Moses Hall at Rolling Ridge Retreat and Conference Center located at 660 Great Pond Road in North Andover, Massachusetts. Final terms and conditions to be included in that agreement. Work is to be generally consistent with the original bid documents dated 1/8/2016 issued by Davis Square Architects,Channel Building Company Letter dated 3/4/2016 and Channel Building Company's proposal dated 2/3/2016. Contract Price is Six Hundred Eleven Thousand Six Hundred and 00/100 Dollars ($611,600.00), which includes our 3/4/2016 Proposal amount plus Asbestos Abatement as discussed and agreed today. Further, in advance of entering into the aforementioned agreement, Channel Building Company is authorized to expend up to Ten Thousand and 00/100 Dollars ($10,000.00) against the Contract Price to commence Pre-Construction activities. It is expected the final agreement will be executed on or before May 15, 2016. Channel Building Company New England Annual Conference of the United Methodist Church d/b/a Rolling Ridge Retreat and Conference Center i 355 Middlesex Avenue Wilmington, MA 01887-2163 ■ 978.657.7300 fax: 978.657.7788 ■ www.channeIbuiIding.com vJJJ l ® DATE(MM/DD/YYYY) AC40RAE) CERTIFICATE OF LIABILITY INSURANCE 1/7/2016 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 CONTACT NAME: Irene Balise BOraW3k1. Insurance h �C No Ext: (413)586-5011 AIC No:(413)586-7973 88 Ring Street, Suite B ADDRESS:ibalise@borawskiinsurance.com INSURER(S)AFFORDING COVERAGE NAIC# Northampton MA 01060-3257 INSURERA:Travelers Indemnit INSURED INSURERB:Travelers Indemnity Co. 25658 Channel Building Co Inc INSURERC:Travelers Property Casualty Co. of 25674 355 Middlesex Avenue INSURERD:Travelers Indemnity Co of CT 25682 INSURER E: Wilmington MA 01887-2163 INSURER F: COVERAGES CERTIFICATE NUMBER:10/1/15-'116 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 CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ADDL UBR POLICY EFF POLICY EXP LIMITS LTR POLICY NUMBER MM/DD MM/DD X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 A CLAIMS-MADE ❑X OCCUR DAMAGE TO RENTED 300,000 PREMISES Ea occurrence $ DTC03G423333 10/1/2015 10/1/2016 MED EXP(Any one person) $ 5,000 PERSONAL&ADV INJURY $ 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,000 X POLICY 71 JECT PRO E]LOC PRODUCTS-COMP/OP AGG $ 2,000,000 II OTHER: $ AUTOMOBILE LIABILITY ` COMBINED SINGLE LIMIT Eaaccident $ 1,000,000 B X ANY AUTO BODILY INJURY(Per person) $ ALL OWNED SCHEDULED BA3G422649 10/1/2015 10/1/2016 BODILY INJURY(Per accident) $ AUTOS AUTOS NON-OWNED PROPERTY DAMAGE $ HIRED AUTOS AUTOS Per accident $ X UMBRELLA LIAB X OCCUR EACH OCCURRENCE $ 4,000,000 C EXCESS LIAB CLAIMS-MADE -7AGGREGATE $ 4,000,000 DED X RETENTION$ 10 000 CUP4G63352A 10/1/2015 10/1/2016 $ WORKERS COMPENSATIONX PER OTH- AND EMPLOYERS'LIABILITY Y/N STATUTE I ER ANY PROPRIETOR/PARTNER/EXECUTIVE E.L.EACH ACCIDENT $ 500 000 OFFICER/MEMBER EXCLUDED? nN/A D (Mandatory in NH) UB5G89037 1/1/2016 1/1/2017 E.L.DISEASE-EA EMPLOYE $ 500,000 If yes,describe under DESCRIPTION OF OPERATIONS below fk E.L.DISEASE-POLICY LIMIT $ 500,000 I I DESCRIPTION OF OPERATIONS/LOCATIONS I VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE For Insurance Purposes THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE David Malek/BORIBI IL3e6,.x ©1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25(2014/01) The ACORD name and logo are registered marks of ACORD �9 INS025001401) SUMMITAPPLIANCE.COM SUMMIT COMMERCIAL I SUMMITMEDICAL Dealer Registration Dealer Login SUMMITEnter model number or keyword,such as outdoor icemaker SEARCH A P P L r A N C E FINDADEALER Refrigeration Freezers& Outdoor Beer Storage Beverage& Cooking Range Hoods Laundry& Kitchenettes& Icemakers Refrigeration Wine Dishwashers Combo Ui its Y FF61ADA Hidden evaporator for a clean seamless interior 32"H x 23.63"W x 23"D i OVERVIEW • 32"height for use in ADA compliant settings • Full 5.5 cu.ft.capacity inside a convenient 24"footprint t • Automatic defrost ensures minimum user maintenance • Deluxe interior includes a scalloped wine shelf • Includes adjustable glass shelves for spill-proof storage == -- — • Door racks provide convenient storage options Made in Europe WHERE TO BUY ii �I � * 1 w z i Oil €pk;, Enter Zip Code Fina e aaaler neoLa SUMMIT offers the industry's largest selection of ADA compliant refrigeration,with a range of choices to best meet the SNARE THIS PRODUCT needs of any facility complying with ADA guidelines for lower counter height.The FF61ADA Series includes European made all-refrigerators designed for freestanding use in residential settings. SPECIFICATIONS Sized with a 24"footprint and 32"height,the FF61ADA all-refrigerator is designed for freestanding use.It comes in a classic white finish with a user-reversible door swing and attractive stainless steel handle. Overview Inside,the FF6IADA utilizes automatic defrost operation to ensure minimum user maintenance.The 5.5 cu.ft.interior Height 32.0" offers more storage space than most models in this size class.Adjustable glass shelves ensure spill-proof storage,while Height to Hinge Cap 32.25" a large crisper drawer is ideal for keeping produce at its best.A removable wine shelf lets you keep bottles securely in Width 23.63" place.The door includes three storage racks for condiments and tall bottles.The seamless interior also features a dial Depth 23.0" thermostat and automatic light. Depth with Handle 24.63" Designed and constructed in Europe,the FF61ADA brings reliable cold storage to any setting in need of a quality Depth with door at 90° 45.38" refrigerator in an ADA compliant height.For a built-in version of this model,see the FF6IBIADA. Capacity 5.5 cu.ft. Defrost Type Automatic Door White FEATURES Cabinet White US Electrical Safety UL ADA compliant Slim counter height dimensions 32"height for use in settings complying with ADA Ideal 24"footprint offers full 5.5 cu.ft.storage capacity Canadian Electrical ULC guidelines for lower counter height in a slim fit Safety Energy Usage/Year 307.OkWh/year Automatic defrost Hidden evaporator Amps 1.0 Reduced user maintenance with automatic defrost Cold wall design with hidden evaporator and seamless Voltage/Frequency 115VAC/60 Hz operation interior Weight 100.0 lbs. One piece interior liner Adjustable glass shelves Shipping Weight 110.0 lbs. Enjoy easy clean-up with a seamless liner that won't Rearrange your refrigerator space to accommodate all Parts&Labor Warranty 1 Year hold a mess in hidden crevices shapes and sizes or remove shelves for a simple clean- Compressor Warranty 5 Years up Fruit and vegetable crisper Door storage Refrigerator Features Get the longest life and best taste out of produce by Keep tall bottles and condiments right on the door for Door Swing RHD storing greens in a convenient slide drawer convenient access Reversible Yes Wine shelf Interior light Crisper Qty 1 Removable scalloped wine shelf is included to store Automatically illuminates when you open the door Crisper Finish Opaque champagne and wine bottles Crisper Cover Glass Adjustable thermostat Reversible door Shelf Type Glass Dial thermostat located inside for easy temperature User-reversible door swing for added flexibility Shelf Qty 3 management Full Door Shelf Qty 3 pro style handle 100%CFC free Adjustable Shelves Yes Stainless steel handle adds an attractive touch Environmentally friendly design without ozone- Wine Bottle Shelves Yes damaging chemicals Thermostat Type Dial Refrigerant Type R134a Refrigerant Amount 1.7 DOWNLOADS High Side PSI 285.0 BROCHURE w/DRAWINGS TECHNICAL DRAWING(.d w9) MSDS INFORMATION Low Side PSI 70.0 FF6IADA.pdf FF6IDAD_63BBIADAREF.A-C2000... R134a_safety_1ist.pdf Interior Light Yes USE&CARE Dimensions FF61_FF63Bmanua1rvsd091114.pdf Interior Height 26.25" Interior Width 21.0" EINEKY Interior Depth 18.0" Compressor Step 5.5" GUN)E Height C.k lkfar tms producVa li energy infarme mn Compressor Step 21.0" Width Compressor Step 6.0" Depth AVAILABLE UPGRADES Exterior Agion Door DL1Temperature Logger HG Cord HUM Humidity Sensor SSK Latch LHD ODA Open Door Alarm SCD Self-Closing Door SS Hinges Alarm DT Digital Thermostat PH-Probe Hole TT Thermometer Interior FC-Internal Fan FCGP-Fan w/Gel Packs Lock KEYPAD L Lock AC Keypad California residents: click here for information on Proposition 65 Due to our commitment to continuous product improvement,all specifications are subject to change without notice YOU MIGHT NEED 1211 PF1 Kit Leg Shield Powerfailurealarm with hospital Black skirt to cover the levellegson grade cord,designed to be used on undercounter models virtually any 115/120V appliance Add to Cart $130 Add to Cart $40 SIMILAR PRODUCTS I VIEW MORE i ! -- ^, Tz— FF61 FF63BADA FF61BIADA CT661ADA 32.63"H x 23.63"W x 23"D 32"H x 23.63"W x 23"D 32"H x 23.63"W x 23"D 32"H x 23.63"W x 23"D Freestanding residential counter ADA compliant freestanding all- ADA compliant built-in ADA compliant freestanding height all-refrigerator in white with: refrigerator for residential use,auto undercounter all-refrigeratorfor refrigerator-freezer for residential automatic defrost and deluxe defrost with black exterior residential use,auto defrost with use,cycle defrost with deluxe - interior deluxe interior and white... interior and white finish CONTACT US ABOUT US DEALER LOG IN STAY IN TOUCH PARTS AND ACCESSORIES CAREERS DEALER NEWS SIGN UP FOR OUR&NEWSLETT'ER SERVICE AND SUPPORT COMPANY NEWS -DEALER REGISTRATION EMAIL ADDRESS ORDER STATUS PHOTO ARCHIVE SITE MAP SUBSCRIBE Summit Appliance Division,Felix Storch,Inc.-ISO 9001:2008 Certified CANT FIND WHAT YOU WANT? (/ Norton 770 Garrison Ave•Bronx,NY 10474 EMAIL US AT INFO@SUMMITAPPLIANCE.COM ® ,r✓—SECURE° Phone:718-893-3900-Fax:1-844-478-8799 OR CALL US AT 718-893-3900 E-mail:info@summitappliance.com COPYRIGHT 2015 SUMMIT APPLIANCE,ALL RIGHTS RESERVED ® (Lustertone®) Stainless Steel Single Bowl LKAY Undermount Sink SPECIFICATIONS Undermount ELUHAD191655 PRODUCT SPECIFICATIONS ,_ (Lustertone®)Stainless Steel Single Bowl Undermount Sink.Overall dimensions are are 21-1/2"x 18-1/2"x 5-3/8".Sink is manufactured from 18 gauge 304 Stainless Steel with a Lustrous Highlighted Satin finish, Rear Center drain placement, Full spray sides and bottom A, and Bottom Only sound dampening pads. ! �� Installation Type: Undermount I Material: 304 Stainless Steel Finish: Lustrous Highlighted Satin ,/ Gauge: 18 Sound Deadening: Fullspray sides and bottom Sound Dampening Pads: Bottom Only =y Number of Bowls: 1 Sink Dimensions: 21-1/2"x 18-1/2"x 5-3/8" Bowl 1 Dimensions: 19"x 16"x 5-3/8" - Drain Size: 3-1/2" 89mm Drain Location: Rear Center AMERICAN PRIDE. A LIFETIME TRADITION. Like your family,the Elkay family has values and traditions that 9�mvj Minimum Cabinet Size: 27" endure.For almost a century,Elkay has been a family-owned and Mounting Hardware: Undermount brackets sold operated company,providing thousands of jobs that support our separately families and communities. Template Included: Yes Sinks are listed by IAPMO®as meeting the applicable Cutout Template#: 1000001424Pc requirements of the Uniform Plumbing Code®,International Template is available for download at elkay.com c ® Plumbing Code®,and National Plumbing Code of Canada. This sink is compliant to ADA and ANSI/ICC Al 17.1 accessibility Product Compliance: ADA requirements when installed according to the requirements outlined BUY AMERICAN ACT in these standards. ASME Al 12.19.3/CSA B45.4 Clean and Care Manual(PDF) Installation Profile: Installation Instructions(PDF) 1/2" Reveal1-0 Limited Lifetime Warranty(PDF) -►� 1/2 Similar models are available with: additional ADA depths s Countertop . (13mm) Silicone Caulk' Mounting Clip'" 18-1/2" + ) . Fastener' Sink (470mm 5" 16" 1/8"Overhang (127mm) (406mm) Countertops 1-3/4"R ,(44mm) Mounting Clip's J , Silicone Caulk' 19" 4 ) Fastener' S ( Sink -.� 1/g 83mm tNotfumished (3mm) 21-1/2" Designed to affix to the underside of any solid surface countertop. (546mm) 5-3/8" 1-314"R (1.37mm) (44mm) PART: QTY: PROJECT: CONTACT: DATE: NOTES: APPROVAL: In keeping with our policy of continuing product improvement,Elkay reserves the right to change product specifications without notice.Please visit elkay.corn for the most current version of Elkay product specification sheets. This specification describes an Elkay product with design,quality,and functional benefits to the user. When making a comparison of other producers'offerings,be certain these features are not overlooked. Elkay REV 04092016 2222 Camden Court ©2016 ELUHAD191655 Oak Brook, IL 60523 ELUHAD 191655_spec.pdf ELKAY® (Lustertone®) Stainless Steel Single Bowl OPECIFICATIONS Undermount Sink Model(s) ELUHAD191655 OPTIONAL ACCESSORIES Cutting Board: CB713*, CBS1316* Drain: LK99, LKAD35 Faucet: LKGT1041, LKGT2041 Hardware: LKUCLIP8 Rinsing Basket: LKWRB1418SS, LKWERBSS Sinkmate: LKSM17, LKSMHOOK, LKSMSPONGE, LKSMHSL Soap Dispenser: LKGT1054 * 1/2"sink reveal required for proper fit. I i I In keeping with our policy of continuing product improvement,Elkay reserves the right to change product specifications without notice.Please visit elkay.com for the.most current version of Elkay product specification sheets. This specification describes an Elkay product with design,quality,and functional benefits to the user. When making a comparison of other producers'offerings,be certain these features are not overlooked. Elkay REV 04092016 2222 Camden Court ©2016 ELUHAD191655 Oak Brook, IL 60523 ELUHAD191655_spec.pdf The Commonwealth of Massachusetts Department of Public Safety M � N W a ' Architectural' Access Board One Ashburton Place, Room 1310 �-1,1i SJO Daniel Bennett Boston, Massachusetts 02108-1618 Secretary Charles D.B9ker Matt Carlin Governor Phone 617-727-0660 Commissioner Karya Polito Fax 617-727-0665 Lieutenantt Governor Thomas P.Hopkins www.mass.gov�dps Executive Director TO: Local Building Inspector Docket Number V 15 335 Local Disability Commission Independent Living Center FROM: ARCHITECTURAL ACCESS BOARD RE: Rolling Ridge Retreat& Conf. Center 660 Great Pond Road North Andover Date: 412612016 Enclosed please find'the following material regarding the above location: Application for Variance Decision of the Board Notice of Hearing Correspondence Letter of Meeting The purpose of this memo is to advise you of action taken or to be taken by this Board. If you have any information which may assist the Board in reaching a decision in this case, you may call this office or you may submit comments in writing. The Commonwealth of Massachusetts j Department of Public Safety Z W a Architectural Access Board One Ashburton Place, Room 1310 Boston, Massachusetts 02108-1618 Daniel Bennett Secretary Charles D.Baker Governor Phone 617-727-0660 Matt Carlin Commissioner Karya Polito Fax 617-727-0665 Lieutenantt Governor, Thomas P.Hopkins Executive.Director www.mass.gov/dps NOTICE OF ACTION Docket Number V 15 335 RE:Rolling Ridge Retreat&Conf. Center , 660 Great Pond Road , North Andover 1. A request for a variance was filed with the Board by Reverend Larry Peacock (Applicant)on December 18, 2015 The applicant has requested variances from the following sections of the 20 06 Rules and Regulations of the Board: Section: Description: 22.4 Level changes at the existing cobblestone driveway exceed 1/4"of an inch. 22.5 Surface of the cobblestone and blue stone pavers do not lie in a continuous plan with minimum warping. 25.1 Petitioner seeks relief from having to provide access for persons with disabilities at entrance"B" 26.6 Maneuvering clearances (pull side requirements) are not possible at Entrance"B" 27.3 The interior stair nosings have bullnosed edges. 27.4 Petitioner proposes wall side handrails at all common stairs and seeks relief for the inner handrails 29.2.3 Petitioner seeks relief from having to mitigate the 3 additional steps at entry"D"with the installation of a lift.. 25.1 Petitioner seeks relief from having to provide access for persons with disabilities at entrance"D" 2. The application was heard by the Board as an incoming case on Wednesday, February 17, 2016 3. After reviewing all materials submitted to the Board, the Board voted as follows: GRANT: the variance requests to Sections 25.1, 26.6, 27.3, 27.4, 29.2.3 and 25.1 as proposed in the application submitted, for the reason that impracticability(see definitions of impracticability in Section 5 of 521 CMR) has been proven in this case and on the condition that: 1.wall side compliant handrails are provided at all common stairs, and extensions are provided were a safety hazard does not exist or if space does not permit(see 521 Section 27.4.3c) 2. an automatic door opener is required at accessible entrance door"A" 3. entrance"C"will be accessible and will be equipped with a compliant vertical wheelchair lift(see 521 28.12.2) (granted January 25, 2016) DENY: the variance for Sections 22.4, and 22.5 as proposed in the application submitted, for the reason that impracticability(see definitions of impracticability in Section 5 of 521 CMR) has not been proven in this case and on the performed on February 4, 2016, is provided t the Board no later than April 1; 2016. The plan should include the choice of material proposed for the accessible route and a time frame for the route to be installed. Any person aggrieved by the above decision may request an adjudicatory hearing before the Board within 30 days of receipt of this decision by filing the attached request for an adjudicatory hearing. If after 30 days, a request for an adjudicatory hearing is not received, the above decision becomes a final decision and the appeal process is through Superior Court. ARCHITECTURAL ACCESS BOARD Date: April 26, 2016 - Chairperson cc: Local Building Department, Independent Living Center, Local Disability Commission • The-Commonwealth-ofMassachusetts. Depari ear� of Public Safes Docket Number Architectural Access Board One Ashbvrton Place,Room 1310 (office use Only)' Bosf.on Massachusetts 02108-1618 Phone: 617-727-06f0- Fax: 617727--0665 vtuww.n ass.gov/dps REQUEST FOR ADJUDICATORY HEAkING RE: Name and address of building as appearing.on application for variance do hereby request that the Architectural'Acce'ss.Board conduct an informal Adjudicatory Hearing in accordance with the provisions of 801 CMR Rule 1.02-et. seq.as I am aggrieved by the decision of the Board with respect'to Section(s) of the Rules and Regulations ofthe Architectural Access Board, 521 CMR.. I understand that I may request such a hearing within,thirty(30) days of receipt of the Notice of Action. bate: Signature . PLEASE PRINT: Name Address City/Town State Zip Code E-mail Telephone PLEASE NOTE: This form must be received by the Board within thirty(30) days after receipt of the Notice of Action. Rev, 01/10 i i i I =06aer+��kOpL Town of North Andover A Office of the Planning Department Community Development and Services Division ��SSACNUS 1600 Osgood Street North Andover,Massachusetts 01845 i NOTICE OF DECISION i Watershed Special Permit-Waiver Date of Decision: October 22,2015 Application of. Daniel Koravos, P. E. DK Engineering Associates, Inc Woodland Ridge (Route 111) 87 Indian Rock Road P. O. Box 4260 Windham,NH 03087 Premises Affected: 660 Great Pond Road Map 63 Parcel 11,within the R-1 zoning district. BACKGROUND On October 20, 2015, Daniel Koravos, representative of New England Conference of the United Methodist Church, requested a Waiver of the Watershed Protection District Special Permit, in accordance with the North Andover Zoning Bylaw section 4.136.8, for the purpose of construction-of three (3) gravel parking spaces, resurfacing a section of existing pavement and stripe for parking along side of the Moses Building, and construction:of a walkway running from the proposed resurfacing area to the front entrance of the main building. The proposed work is within the Non-Disturbance and Non-Discharge Buffer Zones of the Watershed Protection District. Additionally, an external lift is proposed to transport patrons to the second floor of the building. FINDINGS OF FACT • A plan was submitted entitled, Rolling Ridge Site Plan,dated October 4,2015 details the proposed work, distances from the Lake and wetland resource areas, and erosion control. • A plan was submitted entitled Rolling Ridge Lower Entrance parking Area Layout, dated October 4,2015, depicting the proposed location of the gravel parking spaces and the distances from a wetland resource area, • The proposed gravel parking spaces are per the Conservation Restriction Plan for public use. • The purpose of the proposed lift and walkway is to provide accessibility for persons with mobility impairments. i • The only additional impervious area within the 100 foot wetland buffer zone is the proposed walkway which totals 332 square feet. The total area of the walkway is 462 i square feet. DECISION After discussion at the October 20, 2015 Planning Board meeting, and upon a motion by L. Rudnicki and seconded by D. Kellogg, the Planning Board Approves the Watershed Special Permit- Wavier with conditions. A vote of 4-0 was made in Favor of the waiver request. CONDITIONS • The applicant will submit a revised plan that incorporates a berm or other means to mitigate runoff from to walkway, as discussed at the Planning Board meeting. The Interim Town Planner will review and approve the revised plan prior to work commencing. • The Interim Town Planner will conduct a minimum of two site inspections during the construction • The Town Planner will have the authority to stop construction if it is determined that proper erosion control is not in place. wit Jean En ght Interim Town Planner 2 ROLLING � PINE / g ( RIDGE / 6 OAK .Al CONSTRUCT 4' 1r ® 1 I INE 4, NEW ENGLAND ""P`E 4 F p w p CONFERENCE OF THE 0 20 40 W10E SIDEWALK o p� �P .� UNITED METHODIST UNITED CHURCH \ MH p�OG�v o� P.O. BOX 249 = LAWRENCE, MA 01842 b WDDDEND STAKE PROP_ 50' WETLAND OFFSET AT 10' SPACING PLANTINGS ~'� I Engineer STRAW 6' O.C. WATTLE _ \v®�O,o .q.. I COURT YARD CS - H EXISTIN .—� (�0 G+� sem• > ti e z GRADE TO EDGE \ �Gy .,h0, v WETLANDSOo0 0 EROSION CONTROL LINE DETAILrat 0 N.T.S. OF IF MtO RESURFACE b EXISTING PAVED PLANTING LIST 41P AREA & STRIPE W FOR PARKING q = k G.Z American Witch Hazel Hamamelis virginiana z oG ' Z American Holly Ilex optica Inkberry Ilex globro C„ `7F 1 y \ Eastern Arborvitae Thuja occidentalis Low Bush Blueberry Vaccinium angustifohum a.24; ' Arrow—wood Viburnum dentatum 6F v INSTALL LIFT EDGE OF WETLANDS . WF 1 \ OF AS DELINEATED BY �' OVER EXISTING NOTE:Species selection will be based on cost and NORSE ENVIRONMENTAL HUGO _=m. � W IMPERVIOUS AREA availability. = i SERVICES, INC. ka;. Z g.:. - •-t J FINDEMEN II ^-! Assessor's Map&Lot i 4 6001 S nwN,5 \ \ No., Ma 210.Blk 63. Lot 1 I wi N GROUNDCOVERS =-== S.F. aePu oj=No.: Dmwing Scale: WETLAND �6 40723 a m Adiontuedotum Maidenhair Fern sF b \ D m p 5`a: 6' o+ s,O Plaa w Rriscd Dau: Arctostaphylos uva—ursi Bearberry, Kinnikinnick ''t 6 x / 10/04/15 10/29/15 Asarum canadense Wild Ginger }r \ 7YRCH S o Comus canadensis Bunchberry �- B°iCH CS et Title oI WF 1F 11/18/13." 3 / Dennstoedtio punctilobula Hay Scented Fern ?! OAK Epigoea repens Trailing Arbutus Goultherio procumbens Wintergreen A M°F ite. Plan i Goylussoccia baccata Black Huckleberry >`< y. ® SWR Hydrostis canadensis" Goldenseal \ /j / /�_ ate/ APPRO. 250' OFFSET E Mitchel/a repens Partridgeberry �;��, / Polypodium virginionum Rock Polypody s� a s� 60 , :' ! FROM THE EDGE OF NO,3r d Sheet-No.: 1 Waldsteinia frogarioides• Barren Strawberrya,15A PROP. ERO510 OAK LAKE (NON— Tiarello cordifolia Heartleaf Foomflower . �_ CONTROL LINE \ ` DISTURBANCE ZONE) Voccinium angustifolium Lowbush Blueberry "?y y \ TYP ��"� � ( ) 's� No.of Shts.: 1 asN Pi,ttcd„ Oc[29, 2015-6:13— ROLLINC RIDCE L0TFE'R ENTRANCE PARKING AREA LAYOUT I DEND STAKE EDGE OF WETLANDS AS AT 10' SPACING DELINEATED BY NORSE STRAW ENVIRONMENTAL SERVICES, INC. WATTLE j EXISTIN GRADE TO EDGE WETLANDS I (' 50 SS13 I EROSION CONTROL LINE DETAIL `(I ( N.T.S. i WFSss (�. ( 519 ( I A��� 100 I PROP.EROSION CONTROL LINE (7YP.) x-72- I..... .�... v / PARKING AREA _ / / Sao 24' � I I / Zr PINE I J_ PINE I (� CAT U" / I GREAT POND ROAD b / Date: 90104/15 / Scale: 1"=40' JN.- 40723 o ~DK Engineering Associates, Inc. 0 40 80 ._._._....._..._.._...._._._.___...._._-- Sim 87.1ndlan Rock Road Windham,NH 03087-1656 1� Tel(603)898-8516—Fax(603)898-8497 TRAVELERSJ� WORKERS COMPENSATION ONE TOWER SQUARE AND HARTFORD, Cc 06183 EMPLOYERS LIABILITY POLICY TYPE V INFORMATION PAGE WC 00 00 01 { A) POLICYNUMBER: (DTEUB-SG89037-3-16) NEW-16 INSURER: THE TRAVELERS INDEMNITY COMPANY OF CONNECTICUT 1 NCCI CO CODE: 12 63 7 INSURED: PRODUCER: CHANNEL BUILDING CO INC ALEXANDER W BORAWSKI INC 355 MIDDLESEX AVENUE 88 KING ST WILMINGTON MA 01887-2163 NORTHAMPTON MA 01060 Insured is A CORPORATION Other work places and identification numbers are shown in the schedule(s)attached. 2. The policy period is from 01-01-16 to 01_01-17 12:01 A.M. at the insured's mailing address. 3. A. WORKERS COMPENSATION INSURANCE: Part One of the policy applies to the Workers Compensation Law of the state(s) listed here: MA i B. EMPLOYERS LIABILITY INSURANCE: Part Two of the policy applies to work in each state listed in item 3.A. The limits of our liability under Part Two are: Bodily Injury by Accident: $ 500000 Each Accident Bodily Injury by Disease: $ 500000 Policy Limit Bodily Injury by Disease: $ 500000 Each Employee C. OTHER STATES INSURANCE: Part Three of the policy applies to the states, if any, listed here: AL AR AZ CA CO CT DC DE FL GA HI IA ID IL IN KS KY LA MD ME MI MN MO MS MT NC NE NH N3 NM NV NY OK OR PA RI SC SD TN TX UT VA VT WI Wv D. This policy includes these endorsements and schedules: SEE LISTING OF ENDORSEMENTS - EXTENSION OF INFO PAGE 4. The premium for this policy will be determined by our Manuals of Rules,Classifications, Rates and Rating Plans. All required information is subject to verification and change by audit to be made ANNUALLY. DATE OF ISSUE: 01-22-16 SK OFFICE: QUINCY/AET-BOSTMA 307 DIRECT BILL ARCInIlf_FR• 3T.R!Y7LMn121i m 13n1D1kWQVT Tun The Commonwealth of Massachusetts Print Form Department of Industrial Accidents Office of Investigations 1 Congress Street, Suite 100 Boston,MA 02114-2017 www.mass.gov/dia Workers' Compensation Insurance Affidavit: Builders/Contractors/Electricians/Plumbers Applicant Information Please Print Legibly Name (Business/Organization/Individual):Channel Building Company Address:355 Middlesex Avenue City/State/Zip:Wilmington, MA 01887 Phone #:978-657-7300 Are you an employer?Check the appropriate box: Type of project(required): 1. ✓❑ I am a employer with 19 4. ❑ I am a general contractor and I 6. ❑New construction employees(full and/or part-time).* have hired the sub-contractors 2.❑ I am a sole proprietor or partner- listed on the attached sheet. 7. ❑✓ Remodeling ship and have no employees These sub-contractors have 8. ❑Demolition workingfor me in an capacity. employees and have workers' y p �'• 9. E] Building addition [No workers' comp. insurance comp. msurance.1 required.] 5. ❑ We are a corporation and its 10.❑ Electrical repairs or additions 3.❑ 1 am a homeowner doing all work officers have exercised their 11.❑Plumbing repairs or additions myself. [No workers' comp. right of exemption per MGL 12.❑ Roof repairs insurance required.]t c. 152, §1(4),and we have no employees. [No workers' 13.0 Other comp. insurance required.] *Any applicant that checks box#1 must also fill out the section below showing their workers'compensation policy information. t 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 state whether or not those entities have employees. If the sub-contractors have employees,they must provide their workers'comp.policy number. I am an employer that is providing workers'compensation insurance for my employees. Below is the policy and job site information. Insurance Company Name:Travelers Indemnity Company Policy#or Self-ins.Lic.#:UB5G89037 Expiration Date:1/1/2017 Job Site Address:660 Great Pond Road City/State/Zip:North Andover, MA 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. Be advised that a copy of this statement may be forwarded to the Office of Investigations of the DIA for insur ce coverage verification. I do hereby certify under he ai nd enalties oferju that the in ormation provided above is true and correct. t_ Si nature: — - Date Phone#:978-657-7300 Official 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 4.Electrical Inspector 5.Plumbing Inspector 6.Other Contact Person: Phone#: Initial Construction Control Document To be submitted with the building permit application by a d Registered Design Professional for work per the 8th edition of the Massachusetts State Building Code, 780 CMR, Section 107 Project Title: Renovations to Moses Hall Date: April 26,2016 Property Address: 660 Great Pond Road,North Andover,MA Project: Check(x)one or both as applicable: New construction x Existing Construction Project description: Reconfigure and renovate the historic carriage house building to increase the capacity, and improve the accommodations, operational efficiency, and accessibility to people with disabilities. I Iric Rex MA Registration Number: 9074 Expiration date: 8.31.2016 , am a registered design professional, and I have prepared or directly supervised the preparation of all design plans, computations and specifications concerning: X. Architectural Structural Mechanical Fire Protection Electrical Other: for the above named project and that to the best of my knowledge, information,and belief such plans,computations and specifications meet the applicable provisions of the Massachusetts State Building Code, (780 CMR), and accepted engineering practices for the proposed project. I understand and agree that I(or my designee) shall perform the necessary professional services and be present on the construction site on a regular and periodic basis to: 1. Review, for conformance to this code and the design concept, shop drawings, samples and other submittals by the contractor in accordance with the requirements of the construction documents. 2. Perform the duties for registered design professionals in 780 CMR Chapter 17, as applicable. 3. Be present at intervals appropriate to the stage of construction to become generally familiar with the progress and quality of the work and to determine if the work is being performed in a manner consistent with the approved construction documents and this code. Nothing in this document relieves the contractor of its responsibility regarding the provisions of 780 CMR 107. When required by the building official,I shall submit field/progress reports(see item 3.)together with pertinent comments, in a form acceptable to the building official. Upon completion of the work, I shall submit to the building official a `Final Construction Contro cument'. O Enter in the space to the right a"wet"or electronic signature and seal: Phone number: 617.628.5700 Email: IRex@davissquarearchitects.com Building Official Use Only Building Official Name: Permit No.: Date: Note 1.Indicate with an`x'project design plans,computations and specifications that you prepared or directly supervised.If`other' is chosen, provide a description. Version 06 11 2013 1 Massachusetts - Department of Public Safety Board of Building Regulations and Standards Construction Supervisor License: CS-053259 JOSEPH A GAUOTE 6 JUNIPER DR AMHERST NH X9031,V 4 v' �lJ�dG�. " "'�• Expiration Commissioner 03/03/2018 Unrestricted-Buildings of any use group which contain less than 35,000 cubic feet(991M )of enclosed space. Failure to possess a current edition of the Massachusetts State Building Code is cause for revocation of this license. For DPS Licensing information visit: www.Mass.Gov/DPS • Y 4 /l