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HomeMy WebLinkAboutBuilding Permit #568 - 67 CHESTNUT STREET 2/28/2007 TOWN OF NORTH ANDOVER APPLICATION FOR PLAN EXAMINATION of No oTh 1a � o0 L 0 Permit NO: Date Received d (T 044 ra o'PP��y Date Issued: , 9SSACHUS�� IMPORTANT: Applicant must complete all items on this page LOCATION � +�JC 4- P PROPERTY OWNER ccfd�� �" er-a y-- `LAC4.%X1sr( Print MAP NO.: PARCEL: ZONING DISTRICT: TYPE AND USE OF BUILDING HISTORIC DISTRICT YES ❑ TYPE OF IMPROVEMENT PROPOSED USE Residential Non-Residential ❑New Building 0(One family ❑ Addition ❑Two or more family 0 Industrial Alteration No. of units: ❑ Repair, replacement ❑Assessory Bldg ❑Commercial ❑ Demolition ❑ Moving(relocation) ❑ Other ❑ Others: ❑ Foundation only DESCRIPTION OF WORK TO BE PREFORMED f.� ,2CA Qcte& V - Identificatiiopn Please Type or Pri Clearly) OWNER: Name: Phone cCl�3 (04�5 111'1 Address:`[ cve4boe �t CONTRACTOR Name: tT Phone: NO- Address: �� ��•.-L ��-�- �i � - Supervisor's Construction License: Q,�f�I1ci Exp. Date: 11-5�2kk0 Home Improvement License: [Q(o$5-n Exp. Date: '11-7-5�q Izvo ARCHITECT/ENGINEER n(A Name: Phone: Address: Reg. No. FEE SCHEDULE:BULDING PERMIT.$12.00 PER$1000.00 OF THE TOTAL ESTIMATED COST BASED ON.8125.00 PER S.F. Total Project Cost :$ '::2kQU, 6a!- xl2.00=FEE:$ q41— Check No.: �7 � Receipt No.: C9(f Page Iol 4 Location �i�' C� ?ivy f No. 54-4-- Date �� D �oRTN TOWN OF NORTH ANDOVER Certificate of Occupancy $ � sAC MUS<� Building/Frame Permit Fee $ �- Foundation Permit Fee $ ' Other Permit Fee $ TOTAL $ � I Check # 200 '1 3 -�- Building Inspector TYPE OF SEWERAGE DISPOSAL Public Sewer Swimming Tanning/Massage/Body Art ❑ g Pools ❑❑ Well ❑ Tobacco Sales ❑ Food Packaging/Sales ❑ i Permanent Dumpster on Site ❑ Private(septic tank,etc. ❑ Electric Meter location to j project NOTE: Persons contracting with unregistered contractors do not have access to the gua my ft Signature of Agent/Owner Signature of contractor Plans Submitted ❑ Plans Waived ❑ Certified Plot Plan ❑ Stam e Plans ❑ THE FOLLOWING SECTIONS FOR OFFICE USE ONLY INTERDEPARTMENTAL SIGN OFF- U FORM DATE REJECTED DATE APPROVED PLANNING& DEVELOPMENT ❑ ❑ []Water Shed Special Permit ❑ Site Plan Special Permit ❑ Other COMMENTS DATE REJECTED DATE APPROVED CONSERVATION ❑ ❑ COMMENTS DATE REJECTED DATE APPROVED HVALTH ❑ ❑ COMMENTS Zoning Board of Appeals: Variance,Petition No: Zoning Decision/receipt submitted yes Planning Board Decision: Comments � Conservation Decision: Comments Water& Sewer connection/Sianature&Date Drivewav Permit Temp Dumpster on site yes_n" Fire Department signature/date Building Setback (ft.) Front Yard Side Yard Rear Yard Required Provided Required Provides Required Provided / / Dimension Number of Stories: Total square feet of floor area,based on Exterior dimensions. Total land area,sq. ft.: NOTES and DATA—(For de arnnent use) I I I I I Page 3 of'4 Uoc:INSPECTIONALSERVICES DEPARTMEN`f:BIIFORM05 C'rested JMC.Jan.2006 { I 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 uilding Permit Application d Workers Comp Affidavit o/Photo Copy Of H.I.C. And/Or C.S.L. Licenses fl opy of Contract w' Floor Pian Or Proposed Interior Work Addition Or Decks ❑ Building Permit Application ❑ 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) New Construction (Single and Two Family) ❑ Building Permit Application ❑ Certified Proposed Plot .Plan ❑ Photo of H.I.C. And C.S.L. Licenses ❑ Workers Comp Affidavit ❑ Two Sets of Building Plans (One To Be Returned) to Include Sprinkler Plan And Hydraulic Calculations (If Applicable) ❑ Copy of Contract ❑ Mass check Energy Compliance Report 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 DEPARTMEKr:BPFOR:11U5 I';urrr d nf4 The Commonwealth of Massachusetts Department of Industrial Accidents Office of Investigations UT 600 Washington Street Boston,MA 02111 www mass.gov/dia Workers' Compensation Insurance Affidavit: Builders/Contractors/Electricians/Plumbers Applicant Information Please Print Legibly Name(Business/Organization/Individual): v Address: City/State/Zip: Phone#: a( ))g(q3_0608 Are you an employer?Check the appropriate box: Type of project(required):. 1 I am a employer with "L_ 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. 0 Remodeling ship and have no employees These sub-contractors have g• 0 Demolition working for me in any capacity. employees and have workers' co insurance.# 9• E]Building addition [No workers'comp.insurance comp. required.] 5. We are a corporation and its 10.0 Electrical repairs or additions 3.❑ I am a homeowner doing all work officers have exercised their 11.0 Plumbing repairs or additions myself.[No workers'comp. right of exemption per MGL 12.0 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-contractoni have employees,they must provide their workers'comp.policy number. I am an employer that isproviding workers'compensation insurance for my employees Below is the policy and job site information. 0 Insurance Company Name: �Yt �,uf�v'^GaG Policy#or Self-ins.Lic.#: Expiration Date: DI ItZZ1 Job Site Address:_( i C/, 5(W► City/State/Zip: t►A Zj(£icj Attach a copy of the workers'compensation policy declaration page(showing the policy number and expiration date). Failure to secure coverage as required der 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 . onment,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 viola or. a advised that a copy of this statement may be forwarded to the Office of Investiations of the DIA for ins ane ove a e verification. I do hereby,ct nd the p and Wallies of perjury that the information provided above is true and correct i� 1 Signature: Date: Phone#: Offlcial 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#• Information and Instructions Massachusetts General Laws chapter 152 requires all employers to provide workers'compensation for their employees. Pursuant to this statute,an employee is defined as"...every person in the service of another under any contract of hire, express or implied,oral or written." An employer is defined as"an individual,partnership,association,corporation or other legal entity,or any two or more of the foregoing engaged in a joint enterprise,and including the legal representatives of a deceased employer,or the receiver or trustee of an individual,partnership,association or other legal entity,employing employees. However the owner of a dwelling house having not more;than three apartments and who resides therein,or the occupant of the dwelling house of another who employs persons to do maintenance,construction or repair work on such dwelling house or on the grounds or building appurtenant thereto shall not because of such employment be deemed to be an employer." MGL chapter 152,§25C(6)also states that"every state or.local licensing agency shall 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 of its political subdivisions shall enter into any contract for.the performance of public 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-contiactor(s)name(s),address(es)and phone number(s)along with their certificate(s)of insurance. Limited Liability Companies(LLC)or Limited Liability Partnerships(LLP)with no employees other than the members or partners,are not required to carry workers'compensation insurance. If an LLC or LLP does have employees,a policy is required. Be advised that this affidavit may be submitted to the Department of Industrial Accidents for confirmation of insurance coverage. Also be sure to sign and date the affidavit. The affidavit should be returned to the city or town that the application for the permit or license is being requested,not the Department of Industrial Accidents. Should you have any questions regarding the law or if you are required to obtain a workers' compensation policy,please call the Department at the number listed below. Self-insured companies should enter their self-insurance license number on the appropriate line. City or Town Officials Please be sure that the affidavit is complete and printed legibly. The Department has provided a space at the bottom of the affidavit for you to fill out in the event the Office of Investigations has to contact you regarding the applicant. Please be sure to fill in the permittlicense 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 may be provided to the applicant as proof that a valid affidavit is on file for future permits or licenses. A new affidavit must be filled out each year.Where a home owner or citizen is obtaining a license or permit not related to any business or commercial venture (i.e.a dog license or permit to bum 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, r please do not hesitate to give us a call. The Department's address,telephone and fax number: The Commonwealth of Massachusetts Department of Industrial Accidents Office of Investigations 600 Washington Street Boston,MA 02111 Tel. #617-727-4900 ext.406 or 1-877-MASSAFE Fax#617=727-7749-- Revised 11-22-06 vwvw.mass.gov/dia ACCORD„ CERTIFICATE 4F LIABILITY INSURANCE 07/11/2006 PRODUCER (603)669-0704 FAX (603)669-6831 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Infanti ne Insurance, Inc. ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE P.O. Box 5125 HOLDER.THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Manchester, NH 03108 7oyce Dunlap INSURERS AFFORDING COVERAGE NAIC 9 INSURED Blackdog Builders, Inc. INSURERA: Peerless Insurance 24198 7 Red Roof Lane Unit 1 INSURERB: Acadia Insurance Co. 31325 Salem, NH 03079 INSURER C: INSURER D INSURER E: COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NMIED 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 AFFCRDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR ADDrW TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION LIMITS GENERAL LIABILITY CEP9869957 07/01/2006 07/01/2007 EACH OCCURRENCE $ 1,000,000 X COMMERCIAL GENERAL LIABILITY DAMAGEPR TO RENTED S 100,OO CLAIMS MACE FX OCCUR MED EXP(Anyone person) S 5,000 A PERSONAL&ADV INJURY S 1,000,000 GENERAL AGGREGATE S 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS•CCMP.rOP AGG $ 2,000,00 POLICYPR0- JECT lCC AUTOMOBILE LIABILITY BA9860458 07/012006 07/01/2007 COMBINED SINGLE LIMB X ANY AUTO (Ea accident) S 1,000,00 ALL OWNED AUTOS BODILY INJURY SCHECULED AUTOS (Per person) S A X HIRED AUTOS BODILY INJURY S X NCN-OWNED AUTOS (Per accident) PROPERTY DAMAGE S (Per accident) GARAGE LIABILITY AUTO ONLY-EA.ACCIDENT $ ANY AUTO OTHER THAN EA ACC S AUTOONLY. AGG S EXCESSIUMBRELLA LIABILITY CU9145733 07/01/2006 07/01/2007 EACH OCCURRENCE S 1,000 00 X OCCUR CLAIMS MACE AGGREGATE $ 1,000,000 A S HDEDUCTIBLE $ X RETENTION $ 10,000 S WORKERS COMPENSATION AND WCA006920415 07/01/2006 07/01/2007 X WC STATus on-I- EMPLOYERS LIABILITY B ANY PROFRIETCRIPARTNERIEXECUTIVE E.L.EACH ACCIDENT S 500,000 OFFICERIMEMBER E(CLUDED7 E.L.DISEASE-EA EMPLOYE S 500,000 N yes.describe under SPECIAL PROVISIONS below E.L.DISEASE-POLICY LIMIT 5 500,00 OTHER DESCRIPTION OF OPERATIONS I LOCATIONS)VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF.THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER. AGENTS OR REPRESENTATIVES. For Informational Purposes AUTHORIZED REPRESENTATIVE 1 ACORD 25(2001/08) FAX: 898-0821 CACORD CORPORATION 1988 L199130 or rGoarmia ON=for ladwwU.30 Olay udm the, 1raom dam. it-tout rauru to: now.- Soars at aWtft Rplam end Stsiudacds Oue A MUMU Jim Rm 1301 BWO14 XF.WIN �ctrpocatlon OLAOKWC BU CI® BRYAN 7 .R XWF XWF LN. i Pint nUd w tare i 9atem,�Pt3g7® p .stfra'�p 00-35;QQ0of.a jjq§eq=spaee ([y(QL C 112:�60L) 1A MA9:o0ry anis ' / 1G 1 &2 ' omBs Failure to poggas.a.eurrent edition of the JBOA O OF ]BUILDING REGULATIONSMes@a'chuse�93C0te!Building Coale ONSTRUCTION SUPERVISOR is cause for revdegtlon of this license. Licens b� �. p94379 Num . p Tr.no: 94379 ,. R DIS SlkF /kL-L GNT6R: p888+)3 3 ' A-73 JAMES C MATT 1 GARRISON 03079 OA Go'rhinTssfoner SALEM. , „� q BUSINESS CONDITIONS TO THIS 1 CONSTRUCTION CONTRACT This Contract, dated 2/17/2007 is by and between: Marsha and Frank Elander 67 Chestnut St. North Andover, MA 01845 Blackdog project code ELAND-7155-B (Hereafter referred to as OWNER), and Blackdog Builders, Inc. 7 Redroof Lane, Unit#1 Salem, NH 03079 (603)898-0868 (Hereafter referred to as CONTRACTOR). Work will be performed at: 67 Chestnut St., 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: Remove wall, build half walls with columns (Hereafter referred to as WORK) The CONTRACT consists of this document, any plans, the specifications, the Blackdog client package and the Construction Contract. (Hereafter collectively referred to as the"CONTRACT") 2. PRICE The total price for the WORK agreed upon is$7,800.69. Payment terms are set out below in Paragraph 6.This proposal may be withdrawn by us if not accepted within thirty(30)days. 3. STARTING AND COMPLETION PROVISIONS The WORK will begin on approximately 2/2007 and will be completed, absent unusual or unforeseen circumstances, on 3/2007 providing this CONTRACT and any related CONTRACT documents are accepted when presented. Projects requiring two contracts(one for construction work and one for bath or kitchen product)will not be slotted into the schedule until both agreements have been executed. 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. PERMITS AND APPLICABLE CODES,• COMPLIANCE WITH LOCAL LAW a. All work to be done under this CONTRACT will be in accordance with local, state and county building code. The CONTRACTOR shall obtain all necessary permits and pay all required permit and plan fees from the CONTRACT sum, unless otherwise agreed. The CONTRACT price does not include any fees, which may be incurred to obtain a variance, if required.The CONTRACT price does not include any unbid items required b an J by local building official to bring the project into compliance with any relevant local, state and county building code. 02/16/2007 Contract Proposal—Page 4 of 17 t b. 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 Blackdog Builders, Inc. operates under License number CS048847 and Registration number 106877. 5. SPECIFIC REQUIREMENTS FOR MATERIALS AND WORKMANSHIP a. This CONTRACT will be completed by the CONTRACTOR in a good and workmanlike manner, using quality materials. b. If applicable, the CONTRACT price includes the following allowances: See allowances under specifications. 6. PAYMENT a. 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: Deposit with this contract: $390.03 Payment Schedule amounts reflect a Partner Plan credit of$1,000.00 b. Payment Schedule Start of demolition $1,965.94 Start of framing $1,965.94 Start of trim $1,965.94 Substantial Completion $320.53 Completion of Punch List $192.31 c.Allowances for Owner Selected Components d. 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. e. 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. 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 02/16/2007 Contract Proposal—Page 5 of 17 a Section II Construction Contract of the Contract/Proposal for Marsha and Frank Slander 02/16/2007 Contract Proposal—Page 6 of 17 CONSTRUCTION CONTRACT This Contract is by and between: Marsha and Frank Elander hereafter referred to as "OWNER", and Blackdog Builders, Inc hereafter referred to as "CONTRACTOR" for work at 67 Chestnut St., North Andover, MA 01845 dated 2/17/2007. This CONTRACT consists of this document, any plans, the Specifications and Business Terms that are enclosed and the Blackdog Builders Client Package. (Hereafter collectively referred to as the"CONTRACT") 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. 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. 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. 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 builders risk, to cover OWNER's interests and liabilities during the construction process. If. 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. 02/16/2007 Contract Proposal—Page 7 of 17 3. MATERIAL SUBSTITUTION CONTRACTOR reserves the right to substitute other materials, products and/or labor of equal or superior quality, utility, or similar color. 4. DELAY CONTRACTOR shall not be responsible for delays caused by events beyond the control of the CONTRACTOR, including but not limited to: strikes, war, acts of God, riots, governmental regulations and restrictions. Delays caused by 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. & 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. 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. 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 7. EXTRAS 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. Failure of the OWNER to sign a change order shall not preclude recovery for any work performed by CONTRACTOR, and acceptance of said extra work or materials shall be presumed, unless there is written notice to the contrary. b. CONTRACTOR shall advise OWNER, at the time of agreement on an extra, as to any additional time required to perform this CONTRACT. 02/16/2007 Contract Proposal—Page 8 of 17 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 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 workmans 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.. 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 fourteen (14) days, without a written agreement permitting same, such agreement may be satisfied by a single notation to this CONTRACT. b. Failure of the CONTRACTOR to rectify any condition for which building code enforcement authority has issued, a citation of violation notice, within fourteen (14) 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. - I 02/16/2007 Contract Proposal—Page 9 of 17 d. No termination shall be effective unless 10 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. f. You may cancel this agreement by observing the requirements of The Notice of cancellation you have received. 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 the American Arbitration Association under its Construction Industry Arbitration Rules. In the event that arbitration is necessary, the parties agree that arbitration proceedings shall be conducted by a mutually agreed on arbitrator in Rockingham County, New Hampshire. 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 New Hampshire. The parties acknowledge that this agreement to arbitrate shall be governed by Chapter 542 of the New Hampshire Revised Statutes Annotated. 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. Consumers in Massachusetts shall be required to submit to such arbitration as provided in MGL c. 142A. v Marsha and Frank Elander Carl Trull Design Consultant Blackdog Builders, Inc. Notice: The signature of the parties above constitutes an acknowledgement 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 02/16/2007 Contract Proposal—Page 10 of 17 q + 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. b. In the event that any hazardous material is discovered during the course of construction, the testing, abatement and/or removal 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: (1)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 warranteed for a period of three (3) years, during which period CONTRACTOR shall at its own expense correct any defect arising from its work unless it is a non-warrantable condition as set out in the Blackdog Builders Client Package. That package shall become a part of this CONTRACT as if fully set forth herein. b. Any and all warranties for appliances or mechanical systems shall be delivered to OWNER as the CONTRACTOR receives them. j 02/16/2007 Contract Proposal—Page 11 of 17 A � 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. d. The quality of any work in question will be held to the standards issued in the Residential Construction Performance Guidelines—Third Edition published by the NAHB. 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: DATE Carl Trull 2/17/2007 Design Consultant Blackdog Builders, Inc. ACCEPTED: o DATE: Marsha Elander DATE: Frank Elander 02/16/2007 Contract Proposal—Page 12 of 17 Blackdog Builders, Inc. Notice of Cancellation Received on this day: 2/0/2007 C/ Marsha and Frank Elander You may cancel this transaction, without any penalty or obligation, within three business days of the aforementioned transaction date. If you cancel any property traded in, any payments made by you under the agreement, and any negotiable instruments executed by you will be returned within 10 business days following receipt by the CONTRACTOR of your cancellation notice.Any security interest arising out of the transaction will be cancelled. If you cancel, you must make available to the CONTRACTOR, at your residence, in substantially as good condition as when received, any goods delivered to you under this agreement.Alternatively you may comply with the instructions of the CONTRACTOR regarding the return shipment of goods at the CONTRACTOR's expense and risk. 9 9 P 9 P If you do make the goods available to the CONTRACTOR and the CONTRACTOR does not pick them up within twenty(20)days of your notice of cancellation, you may retain or dispose of the goods without further obligation. If you fail to make the goods available to the CONTRACTOR or you agree to return the goods to the CONTRACTOR and fail to do so, then you remain liable for performance of all obligations under the agreement. To cancel this transaction, mail or deliver a signed and dated copy of this Notice of Cancellation or any other written notice or send a telegram to: Blackdog Builders, Inc. 7 Redroof Lane, Unit#1 Salem, NH 03079 603 898-0868 Not later than midnight of which will be the third day after the aforementioned transaction date. I hereby cancel this transaction. Marsha and Frank Elander Date 02/16/2007 Contract Proposal—Page 17 of 17 I B*iiE- Double 1-3/4" x 11-7/8" VERSA-LAM® 2.0 3100 SP Floor Beam\2nd Floor Beam BC CALL®9.3 Design Report-US 1 span I No cantilevers 0/12 slope Friday, February 23,2007 07:33 Build 057 File Name: BC CALC Project Job Name: Elander Residence Description:2nd Floor Beam Address: 67 Chestnut Street Specifier: Dan L.Gelinas, PE City State, Zip: North Andover, MA Designer: Gelinas Structural Engineering LLC Customer: Blackog Builders, Inc., Salem, NH 603.898.0868 Company: 579A North End Blvd., Salisbury, MA 01952-1738 Code reports: ESR-1040 Misc: phone 978.465.6436 [Fax 5160] 3 i s23" __a L_�+ +_� a • • Yi— 'v3 "m. ,5,&�. R ``'��'y`, 3. y3r 51' k,`..:-,ter R ts'a .'�, `s'. �c ea x'w �': #= r"' •., e >.r 'a#a, Fn'' R'ky5"i H`,'`' .?' '�a4a "it,S�'a-�i' §`�.„.W '�^,'.t.- ?.X"'s.. '�>".'�. ..,3' ��➢`tvk?; .:s? ,'°T.... ,, y �y"-u,:x,, ..�Sti� � ��`�z's�¢�. ac S'�s �2 .E Uel V 11-00-00 J B0,3-1/2" B1,3-1/2" LL 5005 lbs LL 5005 lbs DL 1879 lbs DL 1879 Ibs Total Horizontal Product Length=11-00-00 Load Summary Live Dead Snow Wind Roof Live Tag Description Load Type Ref. Start End 100% 90% 115% 133% 125% Trib. 1 Standard Load Unf.Area(psf) Left 00-00-00 11-00-00 40 10 13-00-00 2 attic floor Unf.Area(psf) Left 00-00-00 11-00-00 30 10 13-00-00 3 wall Unf.Area(psf) Left 00-00-00 11-00-00 0 10 07-00-00 Controls Summary Value %Allowable Duration Load Case Span Location Disclosure Pos. Moment 17387 ft-lbs 81.7% 100% 1 1 -Internal Completeness and accuracy of input must End Shear 5281 lbs 66.9% 100% 1 1 -Left be verified by anyone who would rely on Total Load Defl. 0355(0.356") 67.5% 1 1 output as evidence of suitability for Live Load Defl. U489(0.259") 73.7% 1 1 particular application.Output here based Max Defl. 0.356" 35.6% 1 1 on building code-accepted design Span/Depth 10.7 n/a 1 properties and analysis methods. p P Installation of BOISE engineered wood products must be in accordance with %Allow %Allow current Installation Guide and applicable Bearing Supports Dim.(L x W) Value Support Member Material building codes.To obtain Installation Guide 8 BO Post 3-1/2"x 3-1/2" 6884 lbs n/a 74.9% Unspecified ( ask questions,please call B1 Post 3-1/2"x 3-1/2" 6884 lbs n/a 74.9% Unspecified (800)232 0788 before installation. BC CALCO,BC FRAMER®,AJS-, Cautions ALLJOISTO,BC RIM BOARD-,BCI®, Column at Bearing BO analyzed for bearing only, column analysis has not been performed. BOISE GLULAM- SIMPLE FRAMINGSYSTEM®,VERSA-LAMS,VERSA-RIM Column at Bearing 81 analyzed for bearing only, column analysis has not been performed. PLUS®,VERSA-RIM®, VERSA-STRAND®,VERSA-STUD®are Notes trademarks of Boise Wood Products, Design meets Code minimum(U240)Total load deflection criteria. L.L.C. Design meets Code minimum(0360)Live load deflection criteria. Design meets arbitrary(1") Maximum load deflection criteria. IH OF AJ4 Connection ti Diagram O 9 � G �-; b• T-•� d • - . S DANIEL L . a GELINAS (HOF STRUCTURAL N�aN No.33994 O� G DANIEL L. u'� �G! • 1 • 0 i GELINAS STRUCTURAL m c � a minimum=2" c=7-718" No.33994 b minimum=2-1/2"d=6" Bolts are assumed to be Grade A307 3 or Grade 2 or higher. Member has no side loads. Connectors are:1/2 in.Staggered Through Bolt Page 1 of I 7440 2668 / ao co cfl — co j AS BUILT — — — UP 3 2868 co co N N A 668 '� 2468 1668 co to N co to N 3040 'COPYRIGHT RESIDENCE OF: CLIENT APPROVAL: SCALE: 1/4" = 1' ! PAGE j BY BLACKDOG BUILDERS, INC. FRANK & MARSHA ELANDER j s THESE PLANS MAY NOT BE C�E 15,17 USED IN ANY WAY WITHOUT =SUBJECT: DATE: i DATE: 2/13/2007 WRITTEN PERMISSION OF THE COPYRIGHT OWNER LIVING ROOM/MUSIC ROOM OPENING EREMODEL --�-_— --- __ – r .a i N '1 CV r L-dii P i s- -�tl h'�A�k SPI.r� €3 ti FL O r t 1 ` ;COPYRIGHT RESIDENCE OF: CLIENT APPROVAL: _ SCALE: 114° _ V PAGE BY BLACKDOG BUILDERS, INC. FRANK & MARSHA ELANDER THESE PLANS MAY NOT BE USED IN ANY WAY WITHOUT DATE:' DATE: 2J1�i2oo� SUBJECT: DES ii iIWRITTEN PERMISSION OF LIVING ROOM/MUSIC ROOM OPENING 3 THE COPYRIGHT OWNER .. -.- - - - - - - - - - - - - - - - ............ EXISTING POSTS IN BASEMENT BELOW THE WORK AREA PROPOSED OPENING ABOVE Posr Asovr- -ro P 10' 6 1/2" f3 3 - - - - - - - - - - - - - -- - -- - - - - - - - - - - - - - - - - - - - - - - - - - - -- - - - - - - - - -- - -- - - - - - - -- - - - -- - - - - - - - - - - - - - - - - - - - - - - - - - -- - - - - - - - - - PAGE 'CLIENT APPROVAL: 'COPYRIGHT SCALE: 1/4" 1' RESIDENCE OF: BY BLACKDOG BUILDERS, INC. FRANK & MARSHA ELANDER THESE PLANS MAY NOT BE DATE: DATE: 2/15/2007 USED IN ANY WAY WITHOUT :SUBJECT: WRITTEN PERMISSION OF DESIGNLIVING ROOM/MU SIC ROOM OPENING D, THE COPYRIGHT OWNER B U I L REMODEL tAORTH o" of over 0 No.�`6 --� - over, Mass �- COC C LAKE.r. A16 q. "'.C. ORATED WARD OF HEALTH Food/Kitchen PERMIT T D Septic System 4-01=0 BUILDING INSPECTOR ...............q10. THIS CERTIFIES THAT....... .........07&on j1011h�..... ....A........................................ Foundation rhas permission to erect........................................ buildings ..... ....... ............................O..............07.... Rough to be occupied as..........&AVWW.......***.......... .................................................... Chimney provided that the person accepting this permit shall in every respect conform to the terms of the application on file in Final this office, and to the provisions of the Codes and By-Laws relating to the Inspection, Alteration and Construction of Buildings in the Town of North Andover. PLUMBING INSPECTOR VIOLATION of the Zoning or Building Regulations Voids t*-.Permit. Rough Final PERMIT EXPIRES N 6 MONTHS ELECTRICAL INSPECTOR UNLESS CONSTRUCTION ST ,TS Rough Service ............... .................................. BUILDING .IsECTOR Final Occupancy Permit Required to Ocaipy Building GAS INSPECTOR Rough Display in a Conspicuous Place on the Premises — Do Not Remove Final No Lathing or Dry Wall To Be Done FIRE DEPARTMENT Until Inspected and Approved by the Building Inspector. Burner Street No. SEE REVERSE SIDE Smoke Det.