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HomeMy WebLinkAboutBuilding Permit #910 - 667 SALEM STREET 6/18/2012Permit NO: Date Issued: BUILDING PERMIT TOWN OF NORTH ANDOVER APPLICATION FOR PLAN EXAMINATION IMPORTANT: I TYPE OF IMPROVEMLN I ❑ New Building ❑ Addition ❑ Alteration KRepair, replacement ❑ Demolition A cr OWNER: Name. - Date Received cant must PROPOSED USE Residential )lq)ne family ❑ Two or more family. No. of units: ❑ Assessory Bldg ❑ Other ESCRIPTION OF WO hc; kr�erS Identification all items on this Non- Residential ❑ Industrial Q Commercial ❑ Others: C O BE PREFORMED: /1d0%h o� ie Type or Print Clearly) r L_ -e Phone: r%✓S'� , L p c *� ARCHITECT/ENGIN Address: Reg. No. FEE SCHEDULE: BOLDING PERMIT: $12.00 PER $1000.00 OF THE TOTAL ESTIMATED COST BASED ON $125.00 PER S.F. —& Total Project Cost: $ 0" - O '� _FEE: $ �� .6 1 Check No.: %e,5 Receipt No.: rZI 2 NOTE: Persons contractingwith unregcoered contractors do not have access to the guaraound Building Department The following is a list of the required forms to be filled out for the appropriate permit to be obtained. Roofing, Siding, Interior Rehabilitation Permits ❑ Building Permit Application ❑ Workers Comp Affidavit ❑ Photo Copy Of H.I.C. And/Or C.S.L. Licenses ❑ Copy of Contract ❑ Floor Plan Or Proposed Interior Work ❑ Engineering Affidavits for Engineered products NOTE: All dumpster permits require sign off from Fire Department prior to issuance of Bldg Permit Addition Or Decks ❑ Building Permit Application a Certified Surveyed Plot Plan ❑ Workers Comp Affidavit ❑ Photo Copy of H.I.C. And C.S.L. Licenses ❑ Copy Of Contract ❑ Floor/Crossection/Elevation Plan Of Proposed Work With Sprinkler Plan And Hydraulic Calculations (If Applicable) ❑ Mass check Energy Compliance Report (If Applicable) ❑ Engineering Affidavits for Engineered products NOTE: All dumpster permits require sign off from Fire Department prior to issuance of Bldg Permit New Construction (Single and Two Family) ❑ Building Permit Application ❑ Certified Proposed Plot Plan o Photo of H.I.C. And C.S.L. Licenses ❑ Workers Comp Affidavit ❑ Two Sets of Building Plans (One To Be Returned) to Include Sprinkler Plan And Hydraulic Calculations (If Applicable) ❑ Copy of Contract ❑ Mass check Energy Compliance Report ❑ Engineering Affidavits for Engineered products NOTE: All dumpster permits require sign off from Fire Department prior to issuance of Bldg Permit In all cases if a variance or special permit was required the Town Clerks office must stamp the decision from the Board of Appeals that the appeal period is over. The applicant must then get this recorded at the Registry of Deeds. One copy and proof of recording must be submitted with the building application Doc: INSPECTIONAL SERVICES DEPARTMENT:BPFORM07 Revised 2.2007 Plans Submitted ❑ Plans Waived ❑ Certified Plot Plan ❑ Stamped Plans TYPE OF SEWERAGE DISPOSAL Public Sewer Tanning/Massage/Body Art ❑ Swimming Pools ❑ Well ❑ Tobacco Sales ❑ t Food Packaging/Sales ❑ t Private (septic tank, etc. ❑ Permanent Dumpster on Site ❑ a THE FOLLOWING SECTIONS FOR OFFICE USE ONLY INTERDEPARTMENTAL SIGN OFF - U FORM DATE REJECTED DATE APPROVED PLANNING & DEVELOPMENT ❑ ❑ COMMENTS DATE REJECTED DATE APPROVED CONSERVATION ❑ 1' h '- /—) , / �) COMMENTS 0 HEALTH COMMENTS DATE El ECTED DATE APPROVED Zoning Board of Appeals: Variance, Petition No: Zoning Decision/receipt submitted yes Planning Board Decision: Z Comments Conservation Decision: Comments Water & Sewer Connection/Signature & Date Drivewav Permit Located at 384 Osgood Street Dimension Number of Stories: Total square feet of floor area, based on Exterior dimensions. Total land area, sq. ft.: ELECTRICAL: Movement of Meter location, mast or service drop requires approval of Electrical Inspector Yes No DANGER ZONE LITERATURE: Yes No MGL Chapter 166 Section 21A—F and G min.$100-$1000 fine Doc.Building Permit Revised 2007 Location6 1� -%elf No.— 2.16 Date Lz Check #-Z "J, 25428 TOWN OF NORTH ANDOVER Certificate of Occupancy Building/Frame Permit Fee Foundation Permit Fee $ Other Permit Fee $- TOTAL $ Edild i ng —1 n specto r CO) m X m m CO) F) v C � CA 0 10 Q CD n z N CD O I =• N >co "o O 0 C MQ o CL Cr o =oCIDCA o� CL O N• c• m I � O Cl) 0 CD 0 rFI O C �D � LA — 1 (D .-r Z O C -�-i 3 a O c 00 S z -v V1 O fi rD .Z7 O rn T 7 v � O S m (l S 3 7 (D — .Z7 a4 S T r_ D Q (D 'O N cin N b 0 CA �_ m M Z cn %i D N (A 70 m 0 nrn W Z m9A M q O Z Z m 0 O o D S z� a � � �m �• 0— — A. ,� z o o z O O C = ���� Cl) V • o0 Z ci cn m: O 70 . <_ 00-0 'a o 0) lzr = 0 O =: < 4 y N � m 0 O � C.) r �. Z y 0 O y '� O o 0 0 .� CL =rr-IL ,' —�+' m y o N WSD c= : co O Q. 21 -1 • CD O O O O .n -F (O U3 O 2. O O OSO: W =r CD O J S. CD -0 1 O. -4 p O 0 < to s: i O y :� Z y C = O 0 _ _. � y < O. 0 2. 0C�`Z 0 N � W � :� O CL `° cr y CD v, 3 � 0 � 0 rt N rt CD �1 CO 0 0 0 0 rt � 3 S CD m -0 CD y rt O �+ rF CD N "0 0 a) O 0 0 CL O C'7 ' m Fn r v N 3 (aq O 7cD ID LA — 1 (D .-r Z O W 7 i -�-i 3 a O c 00 S T 7 m V1 O fi rD .Z7 O rn T 7 v � O S "T] 3 °� (l S 3 7 (D — .Z7 a4 S T r_ D Q (D 'O N cin N O O n n N 0 m M Z %i D N (A 70 m 0 W Z m9A M q Z Z m 0 O o D S IN RED TAIL CONSTRUCTION CONTRACT PROPOSAL Prepared for: Denise Roche 667 Salem st North Andover, MA- 01-945 4/24/2012 Contract Proposal - Page 1 of 15 Dear Denise, We are pleased to offer for your consideration the following proposal for the construction of your project. For ease of reference, this proposal is divided into the following sections: Section I Contract/Proposal Business conditions Section II Contract/Proposal Construction Contract Section III Attached Booklet I Specifications of the job The description of the proposed project contains precise, but understandable specifications (Section III) of the items which are included in your project. The specifications form the heart of any construction CONTRACT and we ask that you review them carefully. IF IT IS NOT SPECIFIED IT IS NOT INCLUDED IN THE SCOPE OF THIS PROPOSAL. The business section gives you the general conditions of the work and site, the anticipated start and completion dates, the price of the project with the payment schedule as well as any allowances. The legal section expresses the general conditions of the CONTRACT and specifies the responsibilities of the contractor and the owner. The item identifier i.e. GN01001, is shown in the specifications for ease of identification of each and every item we have included in this proposal. Remodeling work can be confusing and complex; however, hopefully this format will facilitate your review of our proposal to insure we have included all your wishes. We are pleased to have the opportunity to prepare this proposal for your consideration. I will be happy to answer any questions you might have on any aspect of this CONTRACT proposal at your convenience. Red Tail Construction is dedicated to providing the highest level of customer service in the industry. We look forward to working with you on your project. Sincerely, Steve McCullo g —Owner Re ail Construction 4/24/2012 Contract Proposal - Page 2 of 15 Section of the Contract/Proposal for Denise Roche Business Conditions 4/24/2012 Contract Proposal - Page 3 of 15 BUSINESS CONDITIONS TO THIS CONSTRUCTION CONTRACT This Contract, dated 4-12-12 is by and between: Denise Roche 667 Salem Street North Andover MA . 01845 (Referred to as OWNER), and Red Tail Construction, 733 North Turnpike Street Unit 192 North Andover, MA 01845 (Hereafter referred to as CONTRACTOR). Work will be performed at 667 Salem Street North Andover MA .01845 (Hereafter referred to as PROPERTY) 1. GENERAL This CONTRACT is for the following work and materials to be performed by the CONTRACTOR on the PROPERTY address shown above. The project is generally described as follows: Create a new Kitchen area and create an open flow between the kitchen and the front fireplace/living room area; new gas fireplace, new kitchen cabinets and tops throughout, new Anderson Frenchwood glider; all per designs and discussions; cabinets from Plaistow cabinets. The CONTRACT consists of this document, any plans, the specifications, and the Construction Contract. (Her�ea#e collectively referred to as the "CONTRACT") 2. PRICE f. The total price for the WORK agreed up(n is $4000.00. P ent terms are set out below in Paragraph 6. 3. STARTING AND COMPLETION PROVISIONS The WORK will begin approximately in the early part of the week of April 23`d 2012 and will be completed, absent unusual or unforeseen circumstances, in the 2nd week of May 2012, providing this CONTRACT and any related CONTRACT documents are accepted when presented. The aforementioned dates reflect our present workload. Projects are assigned a slot in our work schedule as they are accepted, on a first come first served basis. These dates may move based on the completion time of the project that immediately preceded yours. 4. APPLICABLE CODES: COMPLIANCE WITH LOCAL LAW All work to be done under this CONTRACT will be in accordance with local, state and county building code. All home improvement contractors/subcontractors working in the state of Massachusetts must be licensed and registered by the Bureau of Building Regulations and Standards. All inquiries concerning the CONTRACTOR should be transmitted to that office. In Massachusetts, Red Tail Construction operates under License number CS094338 and Registration #155649. 124/2012 Contract Proposal - Page 4 of 15 5. SPECIFIC REQUIREMENTS FOR MATERIALS AND WORKMANSHIP This CONTRACT will be completed by the CONTRACTOR in a good and workmanlike manner, using first-class materials. If applicable, the CONTRACT price includes the following allowances: (See allowances under specifications). 6. PAYMENT Timely payment by the OWNER of all sums due under this CONTRACT is of the essence to this CONTRACT. The parties agree to the following schedule of payments: Milestone Payment Upon Signing Contract $1000.00 Start of Installing new stairs $2,000.00 Completion of Project $-,000.00 Notes: Plumbing not included in the above amounts. The CONTRACTOR may cease operations if any payment is not made by the OWNER as required herein, and proceed to collect any balance due through any remedy provided by law. Payments are due when the aforementioned progress milestones have been reached. It is understood that minor adjustments to the payments schedule may be necessary due to the flow of work or delays beyond the control of the CONTRACTOR. 7. DEFINITIONS Substantially complete - The space or project is substantially complete when the space or project can be used for its intended purpose and only punch list items remain. Punch list - Work or product that has not been performed or provided. Punch list items will be agreed upon by both the CONTRACTOR and OWNER. The OWNER requests responsibility for maintaining and approving completed punch list items. The final payment will be subject to final inspections being completed and having an updated occupancy permit. Warranty item - A product or service that has been provided or performed that does not meet or exceed industry standards. THESE CONDITIONS MUST BE ACCOMPANIED BY THE CONSTRUCTION CONTRACT 4/24/2012 Contract Proposal - Page 5 of 15 Section II Construction Contract of the Contract/Proposal for Denise Roche 4/24/2012 Contract Proposal - Page 6 of 15 CONSTRUCTION CONTRACT This Contract is by and between: Denise Roche 667 Salem Street North Andover MA .01845 as "OWNER", and Red Tail Construction as the "CONTRACTOR" for work at 667 Salem Street North Andover MA .01845 1. CONTRACTOR'S DUTIES -- GENERAL a. To direct and control the work contracted for in accordance with the terms of this CONTRACT and all applicable codes, laws, and regulations, and as the building permits issued for this project, if any, require. b. To inspect the site, examine the plans and specifications, if any, and supervise all of CONTRACTOR's employees, and to direct the work of all subcontractors selected by CONTRACTOR. Should the homeowner recommend a specific designer for the new kitchen, Red Tail will "team up" with the prospective kitchen designer so that all dimensions, layout details, and quality of workmanship, are in keeping with the homeowner's goals and objectives. It should be noted that the work related to this project would be completed under Red Tail's permit and license. c. To maintain the work site in a safe and clean condition, to the extent consistent with the CONTRACT. d. To advise the OWNER promptly if concealed conditions are ascertained which require additional or different work, and to proceed in such event in accordance with this CONTRACT. e. To provide locked storage for any equipment, tools, or other PROPERTY used in the performance of this CONTRACT, unless otherwise agreed in writing. 2. OWNER'S DUTIES -- GENERAL a. To provide adequate utilities for the work agreed upon. b. To advise the CONTRACTOR of any condition of the PROPERTY which affects CONTRACTOR's ability to perform. c. To provide secure storage areas for materials delivered to the work site. This simply means that we will ask to store construction materials and supplies on your site—mostly in the backyard. It is recommended that we have the ability to store some tools in the lower level of the new basement area when this area is created. When doors, windows, cabinets, and generally anything of value, require storing on site, we'll ask if we can use the garage bay area for temporary and a more secure storage area. d. OWNER shall be entitled to make periodic inspections of the work site, provided such inspections do not interfere with the work and can, in the judgment of the CONTRACTOR, be made safely. Any other entry onto the construction site shall be at OWNER's risk. 4/24/2012 Contract Proposal - Page 7 of 15 e. OWNER shall notify his insurance agent of the execution of this agreement and obtain any necessary riders to his current coverage or any locally customary forms of coverage, such as builder's risk, to cover OWNER's interests and liabilities during the construction process. f. To perform no work on the project without a written agreement with the CONTRACTOR. g. To make no agreements with any trades person, subcontractor, or CONTRACTOR'S employees outside the scope of this CONTRACT without the written consent of the CONTRACTOR. 3. MATERIAL SUBSTITUTION CONTRACTOR reserves the right to substitute other materials, products and/or labor of equal or superior quality, utility, or similar color. This simply means, for example, that if 2X10s are not available on the market, then we'll use 2X12s. This type of flexibility in the field allows your project to continue on expected timelines rather than stop the project and wait for a precise material to become available. There will be no sub -standard materials or products used at any time during the scope of your project. A DFI AY CONTRACTOR shall not be responsible for delays caused by events beyond the control of the CONTRACTOR, including but not limited to: strikes, war, acts of God, riots, governmental regulations and restrictions. Delays caused by OWNER'S failure to make allowance materials selections or caused by the performance by CONTRACTOR of extras or necessary work (as described in Paragraph 6) shall likewise be excusable delays. 5. INSURANCE CONTRACTOR agrees to maintain all necessary forms of insurance to protect the OWNER from liability for any occurrence arising from the performance of this Contract. The OWNER requests copies of the CONTRACTOR'S general liability insurance binders showing at least one million dollars of coverage; the binders must include the OWNER'S names to indicate protection for the work done under this CONTRACT. CONTRACTOR agrees that he shall cover his own employees for worker's compensation and carry general liability insurance, and that all forms of insurance referenced herein shall be with reputable companies licensed to do business in the state where the project is located. 6. HIDDEN. CONCEALED and UNFORESEEN CONDITIONS a. The parties agree that in the event CONTRACTOR discovers a hidden, concealed or unforeseen condition requiring an extra cost that they shall proceed as follows: The CONTRACTOR shall notify the OWNER verbally to expedite agreement as to any charge necessary to correct or cure such condition, and provide a written Work Order (as described in paragraph 7a) as soon as practicable. The parties must agree to such extra charges, or agree to a resolution method, or this CONTRACT may be cancelled by either of them. 4/24/2012 Contract Proposal - Page 8 of 15 b. For purposes of this section, a "hidden, concealed and unforeseeable condition" shall mean a condition not readily observable to a prudent CONTRACTOR inspecting the subject PROPERTY for the purpose of performing this Contract. Examples of such conditions can include, but are not limited to; rot under siding; ledge below grade; pre-existing plumbing or electrical work not performed to code and pre-existing mold. c. Any change in the WORK required by building officials assigned to this project, including structural and/or any environmental hazards will be billed as an EXTRA charge to this CONTRACT and paid for by the OWNER as a Work Order. CONTRACTOR may cease operations if OWNER refuses to pay. Red Tail at a MINIMUM adheres to the Official Massachusetts Building Code Blue Book, for all code related and acceptable building standards per the State of Massachusetts. The local building departments are required to simply enforce those standards, yet no more than those standards. Red Tail has not had any negative experiences in this domain, and typically confirms any ambiguous areas of a project with the local building department prior to proceeding with construction areas that may become suspect. If any segment or parts of your project are not completed in accordance to code, then it is Red Tails responsibility to remedy the suspect area into code compliance. The Building License and Home Improvement Contractors License, held by Red Tail, each ensure that Red Tail is knowledgeable with and compliant with Massachusetts State Building Codes. a. Any extra work or materials desired by the OWNER shall be agreed upon in writing and such extras shall become a part of this CONTRACT as if fully set forth herein. Unless otherwise agreed, extra work shall be paid for as performed. b. CONTRACTOR shall advise OWNER, at the time of agreement on an extra, as to any additional time required to perform this CONTRACT. 8. ESCALATION CONTRACTOR reserves the right to pass on additional costs to OWNER resulting from the escalation of the cost of lumber or lumber byproducts. This cost may be passed on only, if after the CONTRACT is signed but before the construction commences, an increase in lumber costs is experienced. The CONTRACTOR must substantiate the change with evidence of the difference between lumber costs at the time of the CONTRACT and lumber costs at the time of construction. Only direct cost differences may be passed on, no allowances for overhead and profit shall be included. Any additional costs will be collected per Work Order (as described in paragraph 7a.). 9. EXCESS MATERIALS ON SITE CONTRACTOR routinely stores extra materials on site to improve efficiency and reduce the likelihood of running out of stock in the middle of a task. Unless otherwise specified in writing all excess materials on site at the end of the project are the PROPERTY of CONTRACTOR. 10. SUBCONTRACTORS 4/24/2012 Contract Proposal - Page 9 of 15 a. CONTRACTOR shall select subcontractors as required to complete this CONTRACT. OWNER acknowledges that subcontractors will do various portions of the work. Any subcontractor selected by the CONTRACTOR shall have all requisite licenses for the work to be done by such subcontractor. b. It shall be the duty of the CONTRACTOR to use reasonable care in the selection of subcontractors. Absent objectionable performance by any subcontractor, the selection of subcontractors shall be an exclusive right of the CONTRACTOR. The CONTRACTOR shall require all subcontractors to have workman's compensation and liability insurance in force. c. CONTRACTOR shall pay subcontractors in a timely manner and obtain from subcontractors any necessary documentation required to release their liens, if any, as the work proceeds. Red Tail will provide the homeowner with copies of lien releases. 11. TERMINATION AND CANCELLATION The CONTRACTOR may terminate and cancel this CONTRACT if any payment called for hereunder is not received as scheduled, provided that notice is given to the OWNER as provided below. Upon such termination, the CONTRACTOR shall have all remedies provided by law, including such lien rights as then apply. The OWNER may terminate this CONTRACT upon the following conditions: a. Failure of the CONTRACTOR, or his subcontractors, to pursue the work contracted for, absent excusable delay, as provided in Paragraph 4 above, for a continuous period of seven (7) days, without a written agreement permitting same, such agreement may be satisfied by a single notation to this b. Failure of the CONTRACTOR to rectify any condition for which building code enforcement authority has issued a citation of violation notice, within seven (7) days notice of such violation, unless OWNER and CONTRACTOR otherwise agree. c. Any other failure to perform this CONTRACT required by the terms of this CONTRACT. d. No termination shall be effective unless 5 days notice of OWNER's intent is given as required below, during which time the default may be cured by the CONTRACTOR. e. Deposit monies - Cancellation of this CONTRACT prior to the commencement of work shall result in the forfeiture of any and all deposit monies collected. All deposits are non-refundable. The parties hereby agree that upon such cancellation, the CONTRACTOR shall suffer damages including but not limited to the cost associated with designing and preparing the project for commencement. 4/24/2012 Contract Proposal - Page 10 of 15 f. You may cancel this agreement by observing the requirements of The Notice of cancellation you have received. Red Tail will at contract signing provide you with a Notice of Cancellation document. This gives you a 3 -day right of rescission period should you change your mind after signing the contract. g. If a dispute arises out of or is related to this Contract, or the breach thereof, the parties shall endeavor to settle the dispute first through direct discussions. If the dispute cannot be settled though direct discussions, the parties agree the dispute shall be settled by arbitration administered by a mutually agreeable Alternate Dispute Resolution provider; absent agreement to an ADR provider, the American Abitration Association will be used. In the event that arbitration is necessary, the parties agree that arbitration proceedings shall be conducted by a mutually agreed on arbitrator in Middlesex County, Massachusetts. If the parties cannot agree on an arbitrator, either party may file a written demand for arbitration in accordance with the rules of the American Arbitration Association. The arbitration award shall be final and judgment on the award may be entered in any court having jurisdiction thereof. This CONTRACT shall be governed and interpreted in accordance with the laws of the State of Massachusetts. The parties acknowledge that this agreement to arbitrate shall be governed the Massachusetts Statutes- MGL c. 142A. Either party may, without waiving any remedy under this CONTRACT, seek from any court having jurisdiction any interim or provisional relief that is necessary to protect the rights or PROPERTY of that party, including but not limited to the right to seek liens or attachment. The prevailing party in any dispute arising out of or relating to this CONTRACT or its breach that is resolved by a binding dispute resolution process shall be entitled to recover from other party reasonable attorneys' fees, costs and expenses incurred by the prevailing party in connection with such dispute resolution process. R- - ---- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - --- - - - - - - - - - - - - - - - - - Denise Roche Steve McCullough - C>`/vner Red T Construction Notice: The signature of the parties above constitutes an acknowledgment of the agreement between the parties to alternative dispute resolution. Massachusetts consumers may have the right to initiate alternative dispute resolution even where this section is not signed by the parties. h. Unless otherwise agreed in writing, CONTRACTOR shall continue the WORK and maintain the agreed work schedule during any dispute resolution proceedings. If CONTRACTOR continues to perform, Owner shall continue to make payments in accordance with this Contract. 12. ENVIRONMENTAL HAZARDS a. The CONTRACTOR is NOT responsible for the inspection, discovery, abatement or removal of any environmental hazard including, but not limited to: asbestos; mold; lead; radon; ground water or environmental pollution at the work site, unless specifically covered in the specifications. 4/24/2012 Contract Proposal - Page 11 of 15 b. In the event that any hazardous material is discovered during the course of construction, the testing, abatement and/or removal shall be shall be the sole responsibility of the OWNER. c. Any additional costs incurred on account of suspension of the construction or changes to the specifications due to a hazard or its removal are the responsibility of the OWNER and will be handled by a Work Order. d. In the event that work does not resume within 30 days of the stoppage, OWNER agrees to immediately pay the CONTRACTOR the pro -rated amount of the CONTRACT price applicable to work done up to that point pursuant to the Contract. WARRANTY OWNER warrants that as of the date of this CONTRACT: 0) the PROPERTY (including the land, surface water, ground water, and improvements to the land) is, and will continue to be, free of all contamination, including (a) "oil, petroleum products, and their by-products" (b) any "hazardous waste" as defined by the Resource Conservation and Recovery Act of 1976, as amended from time to time, and regulations promulgated thereunder; (c) any "hazardous substance" as defined by the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, as amended from time to time, and regulations promulgated thereunder, specifically including asbestos and mold; and (d) any other "hazardous substance" (2) the PROPERTY is in compliance with all environmental laws and regulations; and (3) there are no underground tanks on the PROPERTY INDEMNITY OWNER expressly acknowledges and agrees that it will reimburse, defend, indemnify and hold harmless CONTRACTOR, all Sub -contractors, their successors, assigns and employees from and against any and all liabilities, claims, damages, penalties, expenditures, losses or charges (including, but not limited to, all costs of investigation, monitoring, legal fees, remedial response, removal, restoration or permit acquisition) which may, now or in the future, be undertaken, suffered, paid, awarded, assessed, or otherwise incurred as the result of: (a) any contamination, existing in, on, above or under the PROPERTY (including, but not limited to, contaminated soil, mold, buildings, facilities and/or ground water); (b) any investigation, monitoring, clean up, removal, restoration, remedial response or remedial work undertaken on the PROPERTY; and (c) OWNER'S breach of any warranty given herein. 13. WARRANTIES a. The work of the CONTRACTOR, including materials and labor, shall be under warranty for a period of one 0) year, during which period CONTRACTOR shall at its own expense correct any defect arising from its work unless it is a non -warrantable condition. The warranty period begins at the end of the Completion of Punch list stage. 4/24/2012 Contract Proposal - Page 12 of 15 b. Any and all warranties for appliances or mechanical systems shall be delivered to OWNER as the CONTRACTOR receives them. c. Notwithstanding any manufacturer's warranty of any component, appliance, or system, no action may be brought against the CONTRACTOR on this CONTRACT for the performance of this work, except as provided above. 14. SEVERABILITY If any portion of this agreement is found invalid or unenforceable by any court, the remaining provisions shall remain in force between the parties. 15. ENTIRE AGREEMENT This CONTRACT consists of the documents defined herein, and constitutes the entire agreement of the parties. It can be modified only by a written document. OWNER acknowledges that he has read and received a legible copy of this agreement signed by CONTRACTOR, before any work was done, and that he has read and received a legible copy of every other document that OWNER has signed during the negotiation of this Contract. SUBMITTED: Steve McCullough Red Tail Construction ACCEPTED: --- -----------U----- ------------------ Denise Roche DATE: DATE:_ 4/24/2012 Contract Proposal - Page 13 of 15 Section III Attached Booklet to the Contract/Proposal for Denise Roche Job Specifications 4/24/2012 Contract Proposal - Page 14 of 15 As part of this contract for illustrative purposes, there are kitchen Designs and illustrative drawings. These specifications outline your entire project as priced in this proposal. If there is wont that you want performed and it is not listed in this proposal it is not included and you have not paid for it in the contract price. Please review these specifications carefully. Client initials New stairs for entrance Install new stairs with composite surface boards and composite rails 4/24/2012 Contract Proposal - Page 15 of 15 I a 0. A 0 co W 0 �z (D ;Z Z7. mv I a 11, 77 E y 1 . rz� _ A b i p Y Yy 4 77 E rz� _ A b 77 E Information and Instruction's Massachusetts General Laws chapter 152 requires all employers to provide workers' compensation for their employees. Pursuant to this statute, an employee is defined as "...every person in the service of another under any contract ofhire, express or implied, oral or written." An employer is defined as "an individual, partnership, association, corporation or other legal entity, or any two or more of the foregoing engaged in a j oint enterprise, and including the legal representatives of a deceased employer, or the receiver or trustee of an individual, partnership, association or other legal entity, employing employees. However the owner of a dwelling house having not more than three apartments and who resides therein, or the occupant of the dwelling house of another who employs persons to do maintenance, construction or repair work on such dwelling house or on the grounds or building appurtenant thereto shall not because of such employment be deemed to be an employer." MGL chapter 152, §25C(6) also states that "every state or Ideal licensing agency shall withhold the issuance or renewal of a license or permit to operate a business or to construct buildings in the commonwealth for any applicant who has not produced.acceptable evidence of compliance with the insurance coverage required" Additionally, MGL chapter 152, §25C(7) states `Neither the commonwealth nor any ofits political subdivisions shall enter into any contract for the performance ofpublic work until acceptable evidence of compliance with the insurance requirements of this chapter have been presented to the contracting authority." Applicants Please fill out the workers' compensation affidavit completely, by checking the boxes that apply to your situation and, if necessary, supply sub -contractors) name(s), address(es) and phone number(s) along with their certificates) of insurance. Limited Liability Companies (LLC) or Limited Liability Partnerships (LLP) with no employees other than the members or partners, are not required to carry workers' compensation insurance. Iran LLC orLLP does have employees, a policy is required. Be advised that this affidavit maybe submitted to the Department of .Industrial Accidents for confirmation of insurance coverage. Also be sure to sign and date the affidavit. The affidavit should be returned to the city or town that the application for the permit or license is being requested, not the Department of Industrial Accidents. Should you have any questions regarding the law or if you are required to obtain a workers' compensation policy, please call the Department at the number listed below. Self-insured companies should enter their self-insurance license number on the appropriate line. City or Town Officials Please be sure that the affidavit is complete and printed legibly. The Department has provided a space at the bottom of the affidavit for you to fill out in the event the Office of investigations has to contact you regarding the applicant. Please be sure to fill in the permit/license number which will be used as a reference number. In addition, an applicant that must submit multiple permit/license applications in any given year, need only submit one affidavit indicating current policy information (if necessary) and under "Job Site Address" the applicant should write "all locations in (city or town)" A copy of the affidavit that has been officially stamped or marked by the city or town maybe provided to the applicant as proof that a valid affidavit is on file for future permits or licenses. Anew affidavit must be filled out each year. More a home owner or citizen is obtaining a license or permit not related to any business or commercial venture (i.e. a dog license or permit to burn leaves etc) said person is NOT required to complete this affidavit. The Office of Investigations would like to thank you in advance for your cooperation and should you have any questions, please do not hesitate to give us a call. The Department's address, telephone and fax number: Tho Com aOuwealthofMassacl?vsPfts Dep.axtent o0 dustdat +A racldonts office ofIuvestigatIO)n 60 WashiWoa Street Boston? MA, 021 X Z TQL # 617-727-4900 ext 406 or 1-877 ,SSAFE Revised 5-26-05 FaY, # 617-727-7749 WWW-Mass,gov d'a. The Commonwealth of Massachusetts - Department ofIndustriglAccidents Office oflnvestigations 600 Washington Street .Boston, MA 02111 www.massgovMa Workers' Compensation Insurance Affidavit: Builders/Contractors/Electricians/Plumbers Applicant Information Please Print Legibly � r Name (Business/Organization/individual): (hc l co Address:_ 3,? City/State/Zip: A)09'" A% Phone #: q28 . 73 - tl -? ? 7 Are you an employer? Check the appropriate box: Type of project (required): Al am a employer with I 4. ❑ T am a general contractor and I 6. ❑ New construction employees (full and/or part time).* have hired the sub -contractors 7. (Remodeling �iC 2. ❑ I am a sole proprietor or partner- listed on the attached sheet. x ship anThave no employees These sub -contractors have 8. ❑ Demolition working for mein any capacity. workers' comp. insurance. g, El Building addition [No workers' comp. insurance 5. El We are a corporation and its 10.❑ Electrical repairs or additions required.] officers have exercised their 3111 1 I am a homeowner doing all work right of exemption per MGL 11.[] Plumbing. repairs or additions myself. [No workers' comp. c. 152, §1(4), and wehave no 12.0 Roof repairs insurance required.] employees. [No workers' 13.❑ Other comp. insurance required.] "Any applicant that checks box #I must also fill out the section below showing their workers' compensation policy information. Homeowners who submit this affidavit indicating they $•re doing all work and then hire outside contractors must submit anew affidavit indicating such. ?Contractors that check this box must attached an additional sheet showing the name of the sub -contractors and their workers' comp. policy information. I am an employer that is providing workers' compensation insurance for my employees Below is thepolicy and job site information. I-rr Insurance Company Name:. "Ire Policy # or Self -ins. Lic. #. V LfZd 0 7/t/ 76— ` —A Expiration 20 ) 3 fao,c4 Job Site Address; J 4t A d/ City/State/Zip: Xt v7�0%V_ A q Attach a copy of the workers' compensation policy declaration page (showing the policy number and expiration date). Failure to secure coverage as requiredunder Section 25A of MGL o. 152 can lead to the imposition of criminal penalties of a fine up to $1,500.00 and/or one-year imprisonment, as wellas 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 insurance coverage verification. Ido hereby cert& under the, that the information provided above 1s true and correct. �212/!.)L IP73 -= 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 ACORQ CERTIFICATE OF LIABILITY INSURANCE DATE D/YYYY) (MMID04/24/2012 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(les) 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 New England Heritage Insurance Agency Group, Inc. 335 Main Street Stoneham, MA 02180 CONTACT NAME: A/CNoExt:781.438.5000(AIC Ne:781.438.5028 ADDRESS: INSURERS) AFFORDING COVERAGE MAIC # INSURERA: National Grange Mutual 14788 INSURED McCullough, Steve DBA: Red Tail Construction 733 Turnpike St. Unit 192 North Andover, MA 01845 INSURERS; Travelers Indemnity Co. 25658 INSURERC: INSURER D: E: -INSURER INSURER F: COVERAGES CERTIFICATE NUMBER: Master 12 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. LTR TYPE OF INSURANCE INSR WVD POLICY NUMBER MM/DD MMIDD LIMITS A GENERAL LIABILITY is COMMERCIAL GENERAL LIABILITY CLAIMS -MADE [X] OCCUR MP11010 07/03/2011 07/03/2012 EACH OCCURRENCE $ 1,000,000 PREMISES (Ea occurrence) $ 500,00( MED EXP (Any one person) $ 5,00( PERSONAL &ADV INJURY $ 1,000,00( GENERAL AGGREGATE $ 2,000,00( GEN'L AGGREGATE LIMIT APPLIES PER: POLICY JECOT- LOC PRODUCTS - COMP/OP AGG $ 2,000,00( $ AUTOMOBILE LIABILITY ANY AUTO ALL OWNED SCHEDULED AUTOS AUTOS HIREDAUTOS AUTTOSSWNED COMBINED SINGLE LIMIT Ea accident $ BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ PROPERTY DAMAGE (Per accident) $ UMBRELLA LIAB EXCESS LIAR OCCUR CLAIMS -MADE EACH OCCURRENCE $ AGGREGATE $ DED I I RETENTION $ $ B WORKERS COMPENSATION AND EMPLOYERS' LIABILITY y / N ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? (Mandatory in NH) If yes, DESCRIPTION OF OPERATIONS below N / A 6KUB0607N76-4-1 04/09/2012 04/09/2013 - - TORY LIMITS ER EACH ACCIDENT $ 500,00( E.L. DISEASE - EA EMPLOYEd $ 500,00( E.L. DISEASE - POLICY LIMIT 1 $ S00'00( DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (Attach ACORD 101, Additional Remarks Schedule, H more space is required) ontractor. Subject to the terms, conditions, endorsements and exclusions on the policy. CERTIFICATE HOLDER CANCELLATION Denise Roche 667 Salem Street Norah Andover, MA 01845 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE Will All rinhtc rPcPrvari ACORD 25 (2010/05) The ACORD name and logo are registered marks of ACORD 0 0 01 NOTES: 1. PROPERTY LINES FROM PLANS AND DEEDS OF RECORD. 2. SEE TOWN OF NORTH -ANDOVER MAP #65, LOT #49. FOR SITE. 3. ZONING IS R-3. 4. SEE DEED BOOK #3125, PAGE #060 FOR SITE. APPROVED BY THE TOWN OF NORTH ANDOVER ZONING BOARD OF APPEALS DATE -+-a n, -7."(1d #657 1-1/2 STY WT.F. KEVIN S.. & JANICE A. BRIGHTMAN MAP 65, LOT 50 SALEM STREET FOR REGISTRY USE to 40.8' 39.7' #667 — EXISTING z 1-1/2 STY a W.F.D. Q h- ao Q DECK 1 STY a GARAGE 39.3' 14 ori BURGESS M. & MILDRED U. SPICER MAP 65, LOT 32 MAP 65, LOT 50 o AREA=27,464 S.F. =0.63 AC. 139.00' JOSEPH A. & MICHELE J. SARCIA MAP 65, LOT 52 "I HEREBY CERTIFY THAT THE PROPERTY LINES SHOWN ON THIS PLAN ARE THE LINES DIVIDING EXISTING OWNERSHIPS, AND THE, LINES OF THE STREETS AND WAYS SHOWN ARE THOSE OF PUBLIC OR PRIVATE STREETS OR WAYS ALREADY ESTABLISHED, AND THAT NO NEW LINES FOR DIVISION OF EXISTING OWNERSHIP OR FOR NEW WAYS ARE. -SHOWN AND THI'S PLAN CONFORMS TO THE RULES AND REGI 'Q4S OF THE REGISTRY OF DEEDS." i � F L24 P .� /08./03 r. � .] n jam• ;1� STEPHENL.S. DATE lk0uNt LAN`,." s� SHED .PLAN OF LAND IN NORTH ANDOVER, MASS PREPARED FOR DENISE & RICHARD ROCHE 667 SALEM STREET NORTH ANDOVER, MA 40 0 40 80 SCALE: 1 "=40' DATE: SEPTEMBER 8, 2003 h� 'K Ei1i rXEMM ,S'ERUCRS 68 PARK S7RE ANDOVER. M4SSAC ZMl7TS 01.810 TEL (978) 475 3�6