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Building Permit #Exception - 790-800 WAVERLY ROAD 5/1/2018
� t r� TOWN OF NORTH ANDOVER NORTH APPLICATION FOR PLAN EXAMINATION L O �^ Date Received Permit NO: '�A°9 call, ��- 7 p01VA7n0 Date Issued: �Ssgc►+usr`� IMPORTANT: Applicant must complete all items on this page LOCATION Print PROPERTY OWNER Print _ MAP NO.: PARCEL: ZONING DISTRICT: TYPE AND USE OF BUILDING HISTORIC DISTRICT YES ❑ TYPE OF IMPROVEMENT PROPOSED USE Residential Non-Residential ❑New Building ❑ One family ❑ Addition ❑Two or more family ❑Industrial ❑Alteration No. of units: ❑Repair,replacement ❑Assessory Bldg ❑Commercial ❑Demolition ❑Moving(relocation) ❑ Other ❑ Others: ❑Foundation only DESCRIPTION OF WORK TO BE PREFORMED Identification Please Type or Print Clearly) a OWNER: Name: Phone: Address: CONTRACTOR Name: Phone: Address: Supervisor's Construction License: Exp. Date: Home Improvement License: Exp. Date: ARCHITECT ENGINEER Name: Phone: Address: Reg.No. FEE SCHEDULE:BULDING PERMIT.$12.00 PER$1000.00 OF THE TOTAL ESTIMATED COST BASED ON$125.00 PER S.F. Total Project Cost S FEES Check No.: Receipt No.: Page I of 4 TYPE OF SEWERAGE DISPOSAL Public Sewer ❑ Tanning/Massage/Body Art ❑ Swimming Pools ❑ Well ❑ Tobacco Sales ❑ Food Packaging/Sales ❑ ❑ Permanent Dumpster on Site ❑ Private(septic tank,etc. Electric Meter location to project NOTE: Persons contracting with unregistered contractors do not have access to the guaranty fund Signature of A ent/O � g caner I Signature gn re of contractor I Plans Submitted ❑ Plans Waived ❑ Certified Plot Plan ❑ Stamped Plans ❑ THE FOLLOWING SECTIONS FOR OFFICE USE ONLY INTERDEPARTMENTAL SIGN OFF-U FORM I DATE REJECTED DATE APPROVED PLANNING& DEVELOPMENT ❑ ❑ COMMENTS I DATE REJECTED DATE APPROVED CONSERVATION ❑ El COMMENTS DATE REJECTED DATE APPROVED HEALTH COMMENTS FIRE DEPARTMENT - Temp Dumpster on site yes no Fire Department signature/date COMMENTS Zoning Board of Appeals: Variance,Petition No: Zoning Decision/receipt submitted yes Planning Board Decision: Comments Conservation Decision: Comments Water & Sewer Connection/Signature&Date Driveway Permit O s Building Setback 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 department use) i C Page 3 of 4 Doa:INSPECTIONAL SERVICES DEPARTMENT:QPFORMOS Created JMC.Jan.2006 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 o Photo Copy Of H.I.C. And/Or C.S.L. Licenses ❑ Copy of Contract o Floor Plan Or Proposed Interior Work Addition Or Decks i o 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 o Certified Proposed Plot Plan ❑ Photo of H.I.C. And C.S.L. Licenses ❑ Workers Comp Affidavit And ❑ Two Sets of Building Plans (One To Be Returned) to Include Sprinkler Plan Hydraulic Calculations (If Applicable) o 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 DEPARTMENTMIFORM05 Page 4 of 4 t4ORTH Town of itAndover No. veo dover, Mass............................ LAE 11, COCHICHEWICK 7,9 ATE 0 Is BOARD OF HEALTH Food/Kitchen PERMIT T D Septic System /; BUILDING INSPECTOR ......................................... ........ Foundation THIS CERTIFIES THAT........... ...... ................................................... ......... ......................... uildin on Rough has permission to erect..... Chimney d .... ............................................... ...f to be occupied as................... . ...... . ...... the of the application on file in provided that the person acc p mg this permit shall in every re 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 this Permit. Rough Final PERMU EXPIRES IN 6 MONTHS ELECTRICAL INSPECTOR UNLESS CONSTRUCTION TARTS Rough ... .... ...... Service BUILDING INSPECTOR Final Occupancy Permit Required to Occupy 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. ,___..... � ✓f7� lOrarurnooru�P.a.G�it o�"% ,�,/iude�6 , BOARD OF BUILDING REGULATI0j'9 License: CONSTRUCTION ci loco% o _ Number: CS 031 Birthdate: 02/19/1952 Expires: 02/19/2008 : 1ti�r Restricted: 00 r a�•F DENNIS A EMOND , 164 KENYON HILL TRL WYOMING, RI 02898 i.on�itrn, ?" Commis sinner cr w EdL�Yc7nds N°/�e/L�,S/ ENGINEERS ARCHITECTS LETTER OF TRANSMITTAL PLANNERS CONSTRUCTORS DATE: February 2,2007 PROS.#: 050013272 ATTENTION: Ron Laprise RE: Petco design affidavits To: D.F. Pray 25 Anthony St. Seekonk MA. 02771 We are sending you ❑Attached ❑ Under separate cover via Fedex the following items: ❑ Shop Drawings ❑ Prints ❑ Plans/Originals ❑ Specifications ❑ Copy of letter ❑ Change Order ❑ Samples ❑ Diskette/CD/Tape ❑ Report ❑ Proposal/DCP ® Other: design affadavits COPIES DATE No. DESCRIPTION 1 Architectural SBLM affidavit 1 Mechanical (Henderson)affidavit 1 Electrical (Henderson)affidavit THESE ARE TRANSMITTED as checked below: ❑ For approval ❑Approved as submitted ❑ Resubmit copies for approval ❑ Other: ® For your use ❑Approved as noted ❑ Submit copies for distribution ❑ As requested ❑ Returned for corrections ❑ Return corrected prints For review and m ❑ comment El For beds due: El Borrowed prints returned Remarks: Ron as requested i have received the wet stamp design affidavits and forwarding them to you. c: SIGNED: Raymond Di Tucci 343 Congress Street If enclosures are not as noted, kindly notify us immediately Boston, Massachusetts 02210 Voice 617.242.9222 Fax 617.242.9824 www.ekcorp.com Document3 SUM Architects 151 West 26"Street New York, New York 10001 Telephone 212 995 5600 Fax 212 675 4228 ast.luce@sblm.com UL www.sblm.com Transmittal Please deliver this message to: From Mike Cassavoy Abena St.Luce Finn Project Name Edwards and Kelcey Petco at North Andover Street Project Number File Code 343 Congress Street 06065 9 City,State,Zip Code Project Address Boston MA 02210 Telephone Number Fax Number Pages (617)-443-0400 1 Record Date Email 01/30/07 Description of Items Town of North Andover Design Affidavit Notes For your use. Distribution Methods Ovemight Courier Mail Email Messenger By Hand NOTE: This transmittal is a descriptive Fax-No original document follows listing of items being sent herewith;if Fax-Original document follows by: incompatible with said items, Courier Mail notify sender immediately. New York Miami Dublin,IRL ten,° TOWN OF NORTH ANDOVER DESIGN AFFIDAVIT Permit N°. To the Building Inspector, of the Town of North Andover. Re: PETCO Ward: I certify that,to the best of my knowledge, information and belief, the plans and computations accompanying the attached application concerning the locus at Route 114 & Waverly Road, North Andover, MA 01845 are in accordance with the requirements of the Massachusetts State Building Code and all other pertinent laws and ordinances. �aFP��N 0 44 Ass9cyG Signed CRAIG R. JF LANHAM �, D�Q�- ELECTRICAL a �.J No.38856 9FG�sTER�°�,�`� - Mass. Reg. No. ' ��N/Jc►'ySPa�/ ���/G/n/Et�25 ..�NG Company 8325- LEIVIE re. LWG)Ca Address (?/3— 307- 53oa Phone Date: Then personally appeared the above-name /� ` /M�Qaeoath that the above statement b�t'� y him is true. Before me, My commission expires: Frp�n fiC1Al CATHERft L.HAIL SEAL Q MY CO i8 *N PIRES � � D �a TOWN OF NORTH ANDOVER DESIGN AFFIDAVIT Permit N°. To the Building Inspector, of the Town of North Andover. Re: PETCO Ward: I certify that, to the best of my knowledge, information and belief, the plans and computations accompanying the attached application concerning the locus at Route 114 & Waverly Road, North Andover, MA 01845 are in accordance with the requirements of the Massachusetts State Building Code and all other pertinent laws and ordinances. OUANE S. yc Signed HENDERSON `�, MECHANICAL y No.38324 �j f �STEAF��`` Jor_5 G 'ONALEN — Mass. Reg. N°. �£mlOrJLSO� &vhf4&2-s riJG. Company d32 s 1 E, Ey a- 012, ZR,-V6X,4 . ��5, 10(0 2!¢ Address 307- 5:30 Z) Phone Date: /1(71 Then personally appeared the above-named Noe�� made oath that the above statement by him is true. Before me, My commission expires: GATHER "APIRES SFK MY 0 -na TOWN OF NORTH ANDOVER DESIGN AFFIDAVIT Permit N°. To the Building Inspector, of the Town of North Andover. Re: PETCO Ward: I certify that,to the best of my knowledge, information and belief,the plans and computations accompanying the attached application concerning the locus at Route 114 &Waverly Road, North Andover, MA 01845 are in accordance with the requirements of e sachusetts State Building Code and all other pertinent laws and ordinances. �Lr�EUc- e PA�✓G T� igned NEW y��si n}� 9336 N.Y. V Mass. Reg. N°. A' Y STN OF ....,,.� SBLM Architects Company 151 W. 26`x' Street, New York, NY 10001 Address (212) 995-5600 Phone Date: Then personally appeared the above-named Philip Magnuson made oath that the above statement by him is true. Before me, My commission expires: GERALDINE OVAWNY UWARY PUBLIC,State of New 1b1� No.o10M5o5sul GuallBed in New York tA" COM"baion Expires September 4 201 M0HENDERSON ENGIN EERS INCORPORATED LETTER OF TRANSMITTAL TO: Raymond D. Di Tucci DATE: February 1,2007 PROJECT: Petco-North Andover,MA Edwards and Kelcey PROJECT NO: 0650001170.000 343 Congress Street REFERENCE: Boston,MA 02210 WE ARE SENDING YOU THE FOLLOWING ITEMS: ® Fed Ex ®P ❑ S ❑ 2 ❑ Sat ❑ Shop Drawings ❑ Prints ❑ Messenger ❑ 1 ❑ 2 ❑4 ❑ Specifications ❑ Originals ❑ Mail ❑ Copy of Letter ❑ Disks ❑ Attached ® Other ❑ Under separate cover COPIES„ pATD NO. DESCRTPTIOI\t 1 2/1/07 Signed Mechanical Engineer Affidavit 1 2/1/07 Signed Electrical Engineer Affidavit THESE ARE TRANSMITTED: ❑ For approval ❑ For your use ® As requested ❑ For review and comment REMARKS: Raymond, See the attached signed and sealed affidavits. Please fill in the appropriate information regarding Permit No.,Address,Ward as required for submittal. Thanks, �S HENDERSON ENGINEERS,INC. David Moss 8325 LENEXA DRIVE, SUITE 400. LENEXA, KS 66214.PH 91 3-307-5300.Fx 91 3-307-5400 KANSAS CITY.HOUSTON.BENTONVILLE. PHOENIX. OALLAS I WWW.HENDERSONENGINEERS.COM °"'" OFFICE OF BUILDING INSPECTOR TOWN OF NORTH ANDOVER ` CONSTRUCTION CONTROL 0 PROJECT NUMBER: PROJECT TITLE: PROJECT LOCATION: NAME OF BUILDING: NATURE OF PROJECT: IN ACCORDANCE WITH ARTICLE 116 OF THE MASSACHUSETTS STATE BUILDING CODE, I, f2W i L►P MA&N(jSnN REGISTRATION NO. 9AACQ BEING A REGISTERED PROFESSIONAL ENGINEER/ARCHITECH HEREBY CERTIFY THAT I HAVE PREPARED OR DIRECTLY SUPERVISED THE PREPARATION OF ALL DESIGN PLANS, COMPUTATIONS AND SPECIFICATIONS CONCERNING: ENTIRE PROJECT 0 ARCHITECTURAL 01 STRUCTURAL 0 MECHANICAL 0 FIRE PROTECTION 0 ELECTRICAL 0 OTHER(SPECIFY) f, OFOR THE ABOVE NAMED PROJECT AND THAT, TO THE BEST OF MY KNOWLEGE, SUCH PLANS, COMPUTATIONS AND SPECIFICATIONS MEET THE APPLICABLE PROVISION OF THE MASSACHUSETTS STATE BUILDING CODE,ALL ACCEPTABLE ENGINEERING PRATICES. AND APPLICABLE LAWS AND ORDINANCES FOR THE PROPOSED USE AND OCCUPANCY. I FURTHER CERTIFY THAT I SHALL PERFORM THE NECESSARY PROFESSIONAL SERVICES AND B EPRESENT ON THE CONSTRUCTION SITE ON A REGULAR AND PERIODIC BASIS TO DETERMINE THAT THE WORK IS PROCEEEDING IN ACCORDANCE WITH THE DOCUMENTS APPROVED FOR THE BUILDING PERMIT AND SHALL BE RESPONSIBLE FOR THE FOLLOWING AS SPECIFIED IN SECTION 116.0 1. Review, for conformance to the design concept, shop drawings, samples and other submittals which are submitted by the contractor in accordance with the requirements of the construction documents. 2. Review and approval of the quality control procedures for all code-required controlled materials. 3. Be present at intervals appropriate to the stage of construction to become, generally familiar with6the progress and quality of the work and to determine, in general, if the work is being performed in a manner consistent with the construction documents. PURSUANT TO SECTION 116.2 .2 t M A 1F,Er-;04 Eh4TATnV� w►ul-euemrr Fr9lot►CAL14 , A PROGRESS REPORT TOGETHER WITH PERTINENT COMMENTS TO THE NORTH ANDOVER BUILDING INSPECTOR. UPON COMPLETION OF THE WORK, I SHALL SUBMIT A FINAL REPORT AST HE SATISFACTORY COMPLETION AND READINESS OF THE PROJECT FOR O CY. SUBSCRIBED AND SWORN TO BEFORE ME THIS_2_DAY OF. � GNAT 200Z GERALDINE O'MAHONY d6m ARY PUBLIC BLIC,State of New both No.OiOMSUWZYOMMISSION EXPIRES q / Qualified In New York County Cpmr(jssion Expires September 8,20� TAORTty TONNM Of � over o a Y: : - No. 43 __- �` Z dover, Mass., 2+ 2(w- W ,9 oPa TE t) PpP S BOARD OF HEALTH PERMIT T D Food/Kitchen Septic System BUILDING INSPECTOR THIS CERTIFIES THAT... A...... , I.n.�tj!-7 Foundation has permission to ersM ' Q .... ��. , ,�. Rou h �r ora g to be occupied as.....�.... .� .1,1.. �•�•jt�Q�e �. ............. ............... ....... Chimney provided that the person acceptin this permit shag In every rasps nform 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 inspTU ration and Construction of Buildings in the Town of North Andover. 1 1X S, PLUMBING INSPECTOR VIOLATION of the Zoning or Building Regulations Voids this Permit. Rough _ Final • PERMIT E5.�'IRF 6 MONTHS ELECTRICAL IIVSPECTOR UNLESS CONSTRUCTION ARTS Rough .. .... . ... ... .......... Service G R Final Occupancy Permit Required to Ocmp�, Building GAS INSPECTOR Ro Display in a Conspicuous Place on the Premises - Do Not Remove F nal No Lathing or Dry Wali To BeDone FIRE DEPARTMENT, Until Inspected and Approved by the Budding inspector. Burner Street No. SEE REVERSE SIDE Smoke Det. AD�� 343 Congress Street Boston,Massachusetts 02210 ENGINEERS ARCHITECTS Voice 617.242.9222 Fax 617.242.9824 PLANNERS CONSTRUCTORS www.ekeorp.com November 18,2006 North Andover Planning Board 400 Osgood Street North Andover,MA 01845 Re: Proposed Walgreens&Petco Intersection of Salem Turnpike&Waverly Road North Andover,MA EK Project No.0500.13.272 Dear Members of the Board: In reviewing the proposed modifications to the architecture of the retail building that will be utilized for a Petco,the following modifications are proposed: 1. A man-door(36 x 84)was relocated from the southwest elevation to the south elevation. 2. Northwest Elevation: The main entry doors were relocated from below the corner"tower"to the fourth bay from the left(the first bay being the corner"tower.") 3. East Elevation: What was formerly clear anodized storefront glazing near the entrance was replaced with windows to match the other windows in the wall with a masonry base. 4. Northwest and East Elevations: Signage formerly shown on two sides of corner"tower"has been located to above colonnade roof on main building face. Should you have any questions or comments regarding this matter,please do not hesitate contacting me at 617-532-4302. Sincerely, ��. Jauk � , Michael A. Cassavoy,P.E.,R.A. Vice President 1 , S`EpE 0 Agcy MICHAEL Y A RECEIVED BOSTONMA , ,, +�,M Of IRp BUILDING DEPT. REQUEST FOR PAYMENT DETAIL 4 Project: DF-00004/Walgreens/Petco Invoice:"DRAFT" Draw:*DRAFT* Period Ending Date: Detail Page 2 of 2 Pages Item ID Description Total Previously Work Completed Contract Completed Completed To Date Retainage Amount Work This Comp Balance I : Period 1 General Conditions 242,000.00 4,000.00 4,000.00 1.65 400.00 2 Sitework 1,690,000.00 3 Concrete 198,000.00 4 Masonry 320,000.00 5 Metals 325,000.00 :/ 6 Wood& Plastic 450,000.00 7 Thermal& Moisture 210,000.00 �9 f 8 Doors& Windows 148,000.00 9 Finishes 355,000.00 10 Specialties 37,000.00 11 Sprinkler 52,000.00 12 HVAC 200,000.00 13 Plumbing 128,000.00 14 Electrical 385,000.00 15 Conservation Commision C 100,000.00 160, 16 Construction Fee 000.00 i Totals 5,000,000.00 4,000.00 4,000.00 0.08 400.00 Fellman Law Group, p. C. ...... ..... ..... ..... ..... ..... . ..... ....S. AT T 0 R N E Y .......................... ........... ...................................... 54 Jaconnet Street Suite 300 . ............................................ .................... Newton, MA 02461 Voice Fax 617-658-1601 ......................................................... Leslie E. Kivitz,'E"-s--q,' Direct 617-658-1220 LKivitz@fellmanlawgrou-p.com Overnight Delivery June 14, 2006 Mr. Michael Burke Senior Vice President D.F. Pray General Contractors 25 Anthony Street Seekonk, MA 02771 Re: MI-North Andover, MA Dear Mike: I have enclosed a copy of the fully executed contract and side letter for Your files. ASin erely, 'n eslierE. ivitz Encl. J 1 Mark Investment, Inc. 54 Jaconnet Street, Suite 203 Newton,MA 02461 (617)332-8140 D.F. Pray General Contractors 25 Anthony Street April 10, 2006 Seekonk, MA 02771 Attention: Mr. Michael Burke Senior Vice President Re: Construction Contract dated as of April 10, 2006 " oj and between Rice North Andover, LLC, a Massachusetts lim tedt�liab on C ) aractnd p any ("Owner") and DY Pray General Contractors ("Contractor") for the Walgreens d Petco project located in North Andover, MA pursuant to the contract documents (the "Project") Dear Mike: Reference is made to the Construction Contract. Reference is also made to the WPA Form 5 — Order of Conditions (DEP File Number 242-1333 Conditions"), a copy of which is attached to the Construction Contract as SchOrder of edule F-1. Pursuant to Section 50 of the Order of Conditions, Owner will post $100,000.00 North Andover Town Treasurer (the "Order of Conditions Security"). with the Contractor completes the Project pursuant to the Construction Contract, Owner shallpayover to Contractor, as additional consideration fded or completion of the Project, the Ord y Conditions Security, or so much thereof as may be returned to Owner b the'Town Order of North Andover, when and if the same is released to Owner. If for some reason the Town of North Andover does not release the bond money within 60 days after Fault of DF Pray Mark Investments will Pay DF Pray the $100,000 60 days as CO for no y after the CO. Please confirm your agreement with the terms of this letter by your signature below. Sincerely yours, Rice North Andover, LLC By: Amadan Management, LLC By: Robert S. Korff, Manager Confirmed as of this /dday of April, 2006 DF Pray General Contractors By: /. Michael Burke, nior Vice President ' � r . r .:L ' I 1997 EDITION AIA DOCUMENT m074997- Abbreviated Standard Form o A ee Contractor for Constructi f ?Hent Between mer and Construction*Projects o,f'.Limited Scope where the basis o.f PAYment is a STPurA�, �n,� r,�,i �1.T.� '�-uYl Thls document indudes AGREEMENT r e as of the lou' d o abbreviated General in the year 2006 _ : 1 ay f A Conditions (In wards:indirnte day,morph Yom) Pri i and should not be used with other general ronditians. BETWEEN theowner (Name,oddrw and other tnfnrmctionJ Rice North Andover,LLC This docsnnent has Impar 54 Jaconnet Street, Suite 203 't legal consequences. �ns Newton,MA 02461 uliayon with an attamey is encouraged. With respect to its and the Cont=cior .. romPletiou or modification. (Name,address and other injormatfors)f D.F. Pray General Contractors This document has been i 25 Anthony Street RPPraved and endorsed by � The Associated General Seekonk,AM 02771 i contractors of America. theProjedis: (Name and Iowfion) Construction of a free standing building for use as a Walgreens and PetcOls and related site work at the southeast corner of Turnpike Road, North Andover, EsseCoStreet and Waverly accordance with the Project 1) unumenlMA in the Architect is: _ . (Name,address and other infarmationJ Edwards&Kelcey •-� 280 Summer Street, Suite 600 Boston, MA 02210 Tet. 40.61 � � •• ' Fax No.6170400 �.._�•-= . -443-9880 The Ower and Co,zir�agree as(allows. AIA bOCUA I A Q AT07--1997 ABBREVIATED OWNER- 001MACTOR AGREEMENT Copyright 104 las ]958,]961,19 The American Institute Reproduction of the �.]960,1974.1978.1987 m of Architects violates the mater}al hereto orsubstanya(quotelton of h bP The Amen®n Institute efArrh}te T New York AvemtG N.W WARNINr'-Uoi�edt laws of the Untied state;and will sub ocga ra wlihout wrUten Wasit[ngton,D.0 2pppa 5 PhOpQPY�B viehtes )pct the viofetor to I MMWott of the AIA U.S.Q+pyrighf rows aad wrGt svbJ�q the vfoietm.two��fm+mtiea J, 'r I� /a I ARTICLE 1 THE WORK OF THIS The Contractor shall fullCONTRACT execute The Wspe�ticall cute the Work described in the Y indicated in the Contract D Contract D ocuments the to be °�nents,except to the responsibility of others. ARTICLE 2 DATE.OF COMMENCEMENT AN . 2.1 The date of com D SUBSTANTIAL COMPLETION mencernent of the Work shall be the date of different date is stated below or Provision is made f issued by the Owner or the date to be this`agreement (Insert the date fixed in a u�ess a date will be of COm►nencement ! n°tice t0 proceed fixed in a fit differs from the date f notice to proceed,) o this Agreement or, ! The date a common m shell ' f aPPlicable,state that the Issuance of the twid�p Permit 11 War of(Q the date d 2.2 Permit bye aremit In wfilch events the demo6ticn Penrdt 0 issued e The Contra _ to dellve a lld. WPftwe date),and8arola or the demo9tb„ Contract Time shall be measured from the-date of co m daee hill access to are prop" 2j The Contractor shall achieve Subs mmencement. . . tantial Completion (Insert number of days tronl the Of the entire Work not later 260 f calendar days Alter date Of COinme11Ce commencement. unless natively,a calendar dal went,Or slut a as . substantialelsewhere in they be used when coordinated with the date of Completion o Contract D f certain portions. °Cuments, insert a of the Work.) n3' requirements for earlier subject to adjustments of (Insert provisions i this Contxact Time for earl completion anY,for liquidated damages relating provided i the Contract D , an as y o the W !. Documents. piste on time or for bonus payments il1J RTICLE 3 CONTRACT SUM 3.1 The c , . o Contractor's�� shall Pay the Contractor performance o f the Contract Sum in Four Million Nine Hundred T the Contract. Fent funds for 01997 subject to additions housand Dollars The Contract the Am DocUA I a ($4,900,000.00 and deletions ) -Sum shall be MEhYT A107_18' as provided in the Contract D ABBREVIATED OWNE"� f� ocuments. CONTRACTOR AGR The American Ins" Of Architects I 1735 New York4A ING:Unlicensed photocopyingWashington,D.0 r violates US.W © 2 G` PY►ight taws and will Y =•3 The Caatract Sum is based upmz the follawing.actematec,if Buy.'whieh are des+mbedin the Coatract Documents and are hereby accepted bythe Owner: (State the numbers or other ldentifirafian%aoxpted alternaLm1f dedriau on other alternates are to be rr,da L7 the Owner subsequent to the==tioa of thisAgre mmnt,attach a mhzdule of such other Wi m im showing the mtnorutt for each and Aa data when that mut expires) See Schedule C 33 Urdt Prtces,if ally,are as follows: See Schedule Cs ' ARTICLE 4 PAYMENTS 4.7 PROGHM PAYMENTS Based upon Applications fm Payment submitted to the Architect by the Contraclar and Certificates far Payment issued by the Architect,$e Owner shall make progress payments on. amm mt of the Contract Sum to the Contractor as Provided below and elsewhere is the Contract. Documents.The period covered by each Application for Payment shall be one calendar month _ . till 412 Provided that an APplicatfon far Payment is received by the ATchijed not lacer.than ° twenty-fft(25thY,,. day of a pag4h,the Owner shall make payor the D Q Cantradornot hdj!riham the twe -,9f h 256 ' d oFtlre ' epi to the ,Fanhr�tiwn fat ( ay` following.month. 01 s s r A I A 19 APP Paymentisreceivedbythr-Ardaedafterthedate&edahave,Paymeutshall Ata aaeuttitt>:�tix7u7agsy be made bytha s thOwne pplnot cater than thit'tj+(SO)' days aRrr the ABBREVIATED DwNER- Archhed movesthe Application farPRyment CONTRACTOR AGREEMENT The Ammican Inaftute afArehitects LM „.Rt. W-Wngmn,D.C.moo&sal WARNING:llnbcwmd pbon=pytng VIOWIm U.S.mpyd&ht Gwr and w1U=&Jea the WaWw•m(egrt p m=cfee. 4.13 Payments due and unpaid under the Contract shall bear interest horn the da3e paymemt is due at the rate stafed below,or in the absence thereo&at the legal rate prevailing from time to time at the place where the Project is located. (D-rt rale of i w-mt agreed upon,[f nay.) (U=q Jaws and req&m=nLr under the Federal Truth in lending Act,similar state mrd local consumer credst Imus and other ragula am at the Owner's and Cmrtnuxors prind phum of business, the brtutcDn of the Pmjeat and etsmham may affid the voll4y of this provision.lro advicc should be obtainers with respect to defetiatmor mods,jtca ns;and also regarding mquirentemts such as written&sclaw=or waivers:) 41 RNAI PAYMENT 4.2.1• .•Fen Pay .ent,cODsditrthgthe•entireunpaidbalanceOfth ContzaeSttm;•shallbe•made by the Owner to the Contractor when: i the Contractor has f ny perfaTmid the Contract except for the Cont-Actor's responsibility to couect Work as provided in paagtaph 17.2, and to satisfy other requirements,iF any,which extend beyond final payment-,and s a final Certificate for Payment has been.issued by the Architzc. 4.2-1 The Owner's ffikI payment tc the Contractor shallbe made nri later thm 3o days affixthe r^ff comiltions described in Article 4.2 hsve been met. ARTICLE'S ENUMERATION of COUTRACT DOCUMENTS 51 The Contract Doc maetsts are listed is Article 6 gad,e:o:ept Ear ModiEcations issued atter esca rHon oFthis Agreement,are enumerated as fellows: 5-7.7 The Agreement is this emaded 2 edition of the Abbreviaied Standard Form of 'c Agreement Between Owner and ContractcqAIA.Doarment Ai07 ig57. 5.1.2 The Supplementary and other Conditions of the Contract are those contained in the Project Manuel dated_ and are as follows: Document Tile Pages . Supplemental Cont rjFdons i By execution art7is Contract,Contractor 0. :6 ac knowiledges rewipt of all such documents refened tin herein and in Section 5.'1.6. 07917 ata® AtADOCUMENT AT07--1651 ABBREVIATED OWNEV, COWMACTOR AGREEMENT The A1rm ion tnsiitute of Arrh t = 1735 New vorhAvenue,0,14, Washington,D.L 200DE-M WAWNre ualtoeaied pbamco"f ag WaWas US onOWI he taws aail win wbtea ow vWatm to twat F=atdo u 5.73 The Sped ons are those contained in,the Project Manual (Mhar list'tha Speditcadom here or refer to an exhlFr t atsadwd to U&Agmmmnt.) - Pages 5.1.4 The Dugs are•es c n_ -,_a__&-i-SA desaib9d an 6r11eduleA,j (Etcher list the Dnavings here or r9far to an a ddi ft attach9d to lhir.tlgre9 m=Q 5.75 The Addenda,if nay,a�as foIlaays:, tVane• -� ' Number• Date Pages Por ons.aEAddendaaelating_to bidding mqu •,+S.sre not part.oEthe.Contrad Dacsmeuts -• - - - , . unless the bidding Te iir mmnts are also mcimer,zied Irl this Ailicla &u other documents,if any;forming Part ofthe Coutract.Dacstments are as follows: li } (List arty adcitiaaal dz=m2r is which aro intarded to form Part of tha Contract Doarment_) a e Schedule A—Plans and Specifications Schedule A-1 Criteria's Specifications for Self Service Walgreens Drug Store C1997 AtAs Schedule A-2 Identification of Project Manual for MA DUCUMEEM ATOM557 Walgreens Drug Store AeBRMATZD OVM, "- Schedule B—Schedule of Values and Project Schedule CONT '`j'"A `''" tn� Schedule C—Clarifications,Exclusions and Qualifications �7+eAmarT�atrrstituFe Schedule D—Walgreen's new store requirements of Arnhitecis MS Schedule E—Notice to Proceed '"`' �'` 't"•" _. _ ' t,Vashiaglon.6.0 moos-M Schedule F-1 -WPA Form Order of Conditions DEP File No.242-1333 Schedule F-2-Notice of Decision Schedule F-3-Mass Highway Permit Schedule G-Partial Waiver and Subordination of Lien G9.14ERAL CC1lDITIONS ARTICLE'S GENERAL PROVISIONS 6.2' TIME CONTRACT DOCUMENTS Supplemental! The Contract Documents consist of this A;m=aent with Conditions of the Contra Reuel; Conditions),Drawings,SpEcificatrons,Addenda issued prior to the —lion of this Agreement,other documents listed in this Agreement and Modifications issued after-execution of this Agreement.A Modification is (t)a wdttEn amendment to the Contract signed by both parties,(_)a Change Order,(3)a Constzuctian Change Directive or(4)s written order far a minor change in the Work Issued by the Architect. The.intent of the Corrtrac-t Doulments is to includes]].items aec many fa;the proper mmastion and completion of the Work .hythe Contractor The Coniraa Documents are complementary,and.what is tespuredby one shall ..he as binding as if-requirad.by all:perfomiance-bythe•Contaactar•shall-be•required.•torthe mdeut consistentwith the Cantract Dacuments and reasonably inferable from th=as being necessary to produce the indicated results. ' 6r • THE CONTRACT The CordraciDacuments fmm the Contract for Construction.The Canteactrepresents the entire anti integrated agreement between the parties hereto and supersedes prior negotiations, repr deniatiar s or agreements,eftherwritien or oral.The Contract maybe amended or mnd'uied only by a Modific dicm The Contract Docents sbzU not be construed to ciVate'a cant a=tUal relationship.of aW]dnd(i)between the Arnhiiect and Contractor,(2.)between the Owner and a Subcontractor or sub-subcnn3ractor,(3) between,the Ow=and.Architect or(4) between any persons or entities other then the Owner and Contxactcm 63.. THE WORK 'The ter$.°Work"means the mnstructk,, an sex-d=mgked by the Cont=act Documents, whether completed ar partially complet4 aid includes all other labor,mat rials,equipment and services provided or to be provided by the g4ritractor to iirliill the Cantractot's obita�The Work may consiitufe the whole or apart of the lkojecL a 6.4 l:ZCUTION OFTHE CONTRACT Bm=idcri ofthe Cmtradby*e Contrwtaris axeymsentatirmth3itheCoafradnrhasvisitedthe. site,become•generally farniliar with local conditions under which the Wank is to be perfarzried - - •and correlated gersaaal abservationsw'ithr�r;rnmPn+c afthe Conttar.'t'Doclrments. —�-- - .. _ 6.5 OWNERSHIP AND USE OF ARCHITECs S DRAWINcu, SPECIFICATIONS AND OTHER INSTRUMENTS OF S;wict The Drawings,Spec Ecations and other doormen including Lham in electronic f=a prq2area . by'the Artbitect and the Axchiixcf's consultants are Instruments of Service through which the- Work to be.executed_by_theContradmis desaibed_The Contractor may-retain one record sem. .. Neither the Contractor nor aay Subcontractor, sub-subcontractor or ivaterial or equipment supplier shall awn or claim a capyright in the Drawings,Specifications and other dcatme to prepared by the Architect or the Arch ieds consultants,and unless otherwise indicated the IIS Architect and the Architect's consultants shall be de=_med the authors of them and will retain all n o common law,statutory and othermserved fights,in addition to the copyrights.Ail copies of them, except the Contractor's record set,shall be rehmaed or suitably accounted for to the A :hite_rt,on a;=request.upon completion of the Work The Drawings, Specifications and other•documents 0 19 97 AIA m prepared by the Architect and the Ard3h et`s consultants,and copies.thereof frmaishcd to the AW DOCUbiM A.1o7-IRV ' Contractor,are forusesoldywithrespecttothis projecLT*wenottobeusedbytheCorrtraz r ASSREVIAT0 OWNER. - CONTRACTOR AC-FEE 7EfT or any Subcantracior,sub-subcontractor or malarial or equipment supplier on other pmjecis or for additions tIi this Project outside the scope of the Workwithout the specific mitten consent of Pm Am erimn 41s the Owner, Architect: and the Archlted's cnnsilt=u, The Contractor, Subcontractors, w York Mime,RX • Waslltugfort,D.c macs-� wAHMr4a:unRmuci pbw=Fptna s*[4tm ILS.nap,.WIl Iaun and win t+r6jacf dm vlo(esar m ked p,mentftan sub-subcontractors and material or equipment suppliers are authodied to use and reproduce applicable .portions of the Drmvings, Specincadous and other documents prepared by the Architedmd theArchitect's consultants appropriate to and for use in the eno Hanof theirWark under the Contract Documents.All copies made under this authorization sball bear the statLdory copyright notice,if any,shown an the Drawings,Specifications and other documents prepared by the Architect end the Architect`s consaIihrits. SubmitW or dictrirn,tion' to meet official regulatory requirements or for other purposes in connection with this Project.is not to be construed as publication in derogation of the Architect's or Arcizited's consultants'copyrights o:' other reserved zishts. ARTICLE 7 OWNER -7.1- •WORMATION AND SEAM=REOUIRED•OFTHE GWNER _.._...._. .. _. 7.1.1 The Owner shall B Irish and pay for surveys and alegal description-of the site,' 7.1.2 The Contractor shall be entitled to rely as the accuracy of information famished bythe Owner but shall exercise proper precautions relating to the safe periinniance afthe.Wb& �xeptas Herein pwidbd, 7.7.3 — - omixsctar- - . +heQ4e—_sh&serous and pay far other ne=mmy approvals,easements, assessments and chargrs required far the construction,use at occuoaacy of pamanant structures or pemoanent changes is adsting faalities 7.2 OWNER'S RIGHT TO STOP THE WORK If the Contractor farts to tirrect Woric which is not in accordance with the requirements of the Contract Documents,or petsistenily fails to cavy out the Work in accordance with the Contract Documents,the Owner may issue a written order to the Contraciar to stop the Work,or any ' portion thereof,until the cause-far such order is eliminated;hovrem the right;of the Owner to stopthe Wadc shaiinot rise to a on the art of the Owner to mmr�this ' for the i'� �Y F ,� benefit of the Cantraactdr or nay otherpenon.or entity. `. 73 OWNWS RIGHT TO CARRY OUT THE WORK If the Caatractnr defatclts arpers:stently Eaiils'ar neglects to carry out the Wodc in accordance with the Contract Documents,or fails to perform a provision of the Contract,the Owner♦after io days' written notice to the Cu�:tradorandwithoutprejudice to any atherremedyibe Owaerm-•yhmm, - may make goad such deficiencies and may dedud the Zeasanable cost thereof,inciudmg Owner's expenses mad compensation for the Archited's services made necessary thereby,horn the payment then or thereafter due the Contradm _ 6971 ICLE,8 ,CDNTRACjQR 8.1 . REVIEW OF CONTRACT DOCUMENTS AND FIELD CEMOMONS BY CONTRACTOR cry 83.1 Since the Contract Documents are compltmnentary,before starting each portion of the Work,the Contractor shall.camUI)'study and.compare the various Drzwings and other Contract c , Documeats relative to that portion of the Work,as well as the information furnished by the ac cEso Owner pursuant to Subparagraph 7.1x,shall take Eeld mwzur=umts of nay,existing conditions rebded to that portion of the Work and shall observe any conditions at the site aff=dnS jt.These C 1997 A 1 A w obligations are for the purpose of facilitating construction by the Contractor and are not.for the AEA aacttMarrr Atm-1ss7 propose of discovering 1rQaI5,omisdans or inconsistencies in the Contract Docurnentsi hawever; AsaREVIR AC EEM E T . an errors,araissions or inconsistencies discovered the Contractor shall be reported CONTRACit]Et AGREEMENT y by � promptly to the Architect as a request for inf ration in such form as the Architect ma).require. The Amerimn Institute of ArrNtects T735 New Yarn Auenue,N W. ' WasMngtnn,mc7Ma&97- WARHnmUnkmtcd phammpying vialium US.cn.W t Imm and wN st)4=ftwolamr to legd p,ment ms ILL-2, Any'design etmrs or omissiaos acted by the Contractor during this review shall be reported promptiy to the Architect,but it is recognized thatthe Coat:aztar's review is made in the Contmdor's capacity as a cmAractnr and not as a licensed design professional unless otherwise gea6callyprovided inthe CantmdDo* ents. Ha SUFERViS QN AND CONSMUcnaK pR0C8wm 8.7-3 The Contractor shall supervise and direct the Wart,using the Coatractaes best skill and attention. The Coatrmtor shall be solely responsible for and have control over construction means,methods,technieiues,sequences and procedures,and for coordinating all portions of the Work under the Contract,unless the Contract Documents give other spedfic instruciiew concerning these matters. If the Contract Documents give sped&c instntcticm concerning construction means,metbods,techniques,seT+nn c or procodures,the Contractor shall be Uy and soleIrTesponsible for the-jobsite-safety thereof unless the Coatiador gives timely written• notice to the Owner and Architect that such means,methods,lures,sequences orprocedmes' ' may not be safe. rL • 1?, The Contractor shall be responsible to the Chvner lnr acts and omissions of the Contractor's employees,Subcorrtradors and their ageatr*and employees,and other persons or eatities peckming portions of the Work For or an behalf of the Contractor or any of its Subcoutr-actom. 83 LABOR AND MATERIALS 83.I Unless otherwise provided in the Contract Doa>ments,the Contractor shall provide and pay•for labor,materials,egtripmen,tools,ccnstructi equipment and machinery,water.heat, traospoItat=, and other faa7ztzes and services ne= j fm proper execuilon and completion of the Workwhether�FYor ermimmit andwhdber ornot'�mPorated or to beincorporated in the'1Nork. •8.3.2 TLe Cour shall enforce strict du=b=-and good order among the Contractor's 'employees-and other perscm carrying ori the Coatzad. The Contractor shall not permit employment of unfit persons ar persons not sUl ed in tasks assigned to thea 83.3 The Contractor shall. deliver, handle, store and install materind in accordance with tnarntFarnn•�rK'instructions. ... 83.4 The Contractor may make substitutions only with the consent of the'Owner; after evaluation by the Architect and in accordance with a Change Order 8.4 WARRANTY srsi The Contractor wafts tn�e Owner and Architect that materials and eclwpmn at furnisbed. .. . .under the Contract will beof-�pcdquality andnewunless othmvim-rapiredorpeimittedbythe Caatract Domanents,that the WmkwM be he--from detects not inherent in the quality required or-permitted,and that the Work will conform with the reTiiremenis ofthe Contract Documents. Work not conforming to these requirements,including substitutions not properly ap-moved ane ll�� authorized,may be considered de&dive.The Contradoes warranty excludes iemedyfor damage or defect caused by abuse,modifications not executed by the Cmirador,improper of h=fficient v cry a —iblenance,improper operatioa or normal wear and tear and normal usage. 01997 AIA® tis TAXES art MA DOCUbOff AIM-1997 The Contractor shall pay sales,consumer,use and6er •taxes which are legally enacted ABBREVIATED ca ow►uER- when bids are received ornegotiations coaduded. CONTRACTOR AliREEMENT The Amertan Irwiture of Architect; 1735 New York Avenue,N.W. Washington,Dr-70erra-M. weptuM,r..tlnlb.v.ad nitneoe„nvfm,vF 6g"U.S.mwrttltu Iwo and adli au6teattw Wc%6tnr to Inial emie=4m. i M PERC1i1175,FEES AND NOTIM M14 Unless otherwise provided in the Contract Documents,the Contractor shall secum and pay for the building permit and other permits and governmental fees,lice=and inspections necessary;for proper mutcution and•completion of the Work. 8.6.2 The,Contractor shall-comply with•and•give•notices required by laws;ordinances,rules, regulations and lawns! orders of public authorities applicable to performance of the Noris.The Contractor shall promptly notify the Architect and Owner if the Drawings and Speci&cations are observed by the Contractor to be at variance therewith. if the Coni =or performs Work knowing it to be contrary to laws,statute,,ordinances,building codes,and riles and regulations without such notice to the Archited and Owner, the Contrador shall assume appropriate responsibility for such Work and shall bear the costs attributable to cclrectim 8.7 SUBMITTALS 8.7.1 The Contractor shall review for compliance with the Contract Documents, approve in writing- and submit to the Aichited Shop Drmvings, Product Data, Samples and similar submittals required by the Coat-ad Doc uuerits with reasariable promptness.The Work shall be in accordance with approved submittals. a.7.2 Shop Drawings, Product Data, Samples and similar submittals are not Cantrad Documents. 89 -USE OF SITE The Contractor shall confine operations at the site to areas permitted by law,ordinances,permits and the C'oatract Documents and shall not unmimnably encumber the site with materials ai equipment: 8.9 CUTTING AND PATCHING The Contractor shallbe responsible for cutting,ung or patching required to complete the Work or to make its parts fit together properly. ' sulrstanda!; . 'WO CLEANING UP The Contractor shall!seep the premises and surrounding area hom accumulation of waste materials ar rubbish caused by operations under the Cantratt.AL com}nletion of the Work,the Contractor shall remove hom and about the Project.waste materials,rubbish,the Coni=adones --• tools,construction equipment,machinery and surplus material. EL11 ROYALTIES,PATENTS AND COPYRIGHTS The Contractor shall pay all royalties and license -fe=e, shall defend suits or dawns for infringement of copyrights and patent rights and shall hold the Owner and tlrchited harmless from loss on account thereof; but shall not be responsible for such defense or loss when a particular design,process oc p'radrscf of a partisailar paaiiulilcttiierbr'm�++7� +, is required by the Contrad Documents, or where the copyright violations are contained i6 Drativings, {� Specifications or other documents prepared by the Owner or Aichitert;unless the Contractor has a reason to believe,that there is an InF*+nge enc of patenL or copyright and f& to promptly »ba ftun ish such information to the Architect 01337 AIA® 8.72 ACCESS TOWORK AIA CCCUMENT Ala?-7957 The Contractor shalt'provide the O%vner and Archited.aar~s to the Work In preparation and A98REViATED OWNER- proms wherever located: CONTRACTOR AGREEMENT' The American InOttute of AMhltetra iris new YarLAvenm N.W. Washington,D.C.20006-52-12 wARmila:Usa=aed ph mca"Ing vhAum u s.opprl ht taws and wRl--ebjea the vtalamm IeaI pmmadan. }'�a 1 . l ,Mark investment, Inc.,Walgreen Co., Walgmn Eastem Co.,Inc.,Owner's lender,11 8.13 -INDEMNIFICATION 8.19.1 Ta the fullest event permitted by law and to the extent claims, damagm losses or mcpenses are not covered by Project Management Protective LiabIlity insurance purchased by the _ Contractor in accordance with Paragraph 16.3,the Contraetorshall indemnity and hold hamlless the Owner tlrchitect,Architecfs consultants and agents and employees of any ofthem fivm and against claims,damages,losses and expenses,including but not limited to attorneys' Fees,arising out of or resulting.from performance of the Work,provided that such claim,damage,loss.or ex;sense is attributable to bodily injury,sickness,disease or death,or to injurf to or destruction of tangible property(other than the Work itself} ' r is,L_,.de.,_ ?=bY the 0�t_ sae 11; e�a ,.' SFESYeu¢FeF-w-hese aSts 4'-L9 - _.',_t:..Ul�-=egacdless of wbeiher or not such claim,damage,loss or expense is caused in part by a de party inmnified hers under Such obligation shall,not be construed to negate,abridge, or reduce other rights or obligations of imdelimnity which would otherwise cdst as to a party or persoa described in this Paragraph S.r3. 8.13.2 In clai11L5 against eery person or entity,indesmiified under this Paragraph 813 by an employee of the Contractor;a Subcontractor;anyone directly or indirecfl} employed by them or anyone for wbose acts they may be liable,the indemnification.6bligation under Subparagraph 8a3a shall not be limited by a limitation an amolmt or type of damages,compensation or benefits payable by or for the Contractor or Subn,utartor under workers' compensation ads, disabilitybeneft acts or other employeebeaeiit ads.. ARTICLE 9 ARCHITECT'S ADMINISTRATION OF THE CONTRACT .9.1 Ttie Axdfi&a-ws pprov-1 mist�ion oE.the Cautract and w11�1 be as Owner's zepresentaC,ve(1) during construction,(_) until$nal payment is due and(3)with the Owner's concurrence,from time to time during the one-year period for canectioa of Work desm"bt d in Paragraph 17a 9.2 TheArddtect,as a representative of the Owner,vel visit the site atintervals appropaate to the stage of the Contradar's operations(1)to became generally fames with and to keep the i t Owner infaaned about the progress and quality of the portion of the Work completed,(2)to endeavor to guardthe Cwaer against de&cis and defiQmci es in the Work,m d:(3)to determine-in general if the Work is being performed in a manner indicating that the Work,when hilly completed,will be in accordance with the Contract Documents.However,the Architect win not be-required to make m austin or continuous on-site inspections to check the quality or quantity of the Work.The Architect will neither have control over or charge of,nor be responsi- ble eesponsible for,the construction means,methods,techniques,sequenEes or.procedures,or for safety pre- cautions and programs in connection with theWork,since these are solelythe Contractor's rights and responsibilities under the Contract Dou anents,except as provided in Subparagraph B.z 1. 9.3 The Arghitect will not be respansible for the Cautractor�s failure to perform the Work in _ accordance with the requirements of-the Contract Documents. The Architect will not have ver control oor charge of and will.not be responsibre far ads or amissions of the Contractor, lull Subcontractors,ortheir agents or employees,or any otherperson's or entities performing portions of the Wank a o 9A.. Based on the Architect's evahiatiom of the Work and of the Contractor's Applications for Payment,the Ardritect will review and certify the amauals due the Cantiactaz and HriI1 issue 61997 A I a Certificates for Payment in such amounts. AIA DOCUMENT Ala?-;W ABBREVIATED OWNER- CONTRACTOR AGREEMENT 93 The Archited will have authority to reject Wars that does not confnlm to the Contract Documents. The American Institure at'AmhitedA 17-5 Waw Vb n h u-mJ; washinalw,D.C.10gD5-i-M WARNING:UnM an:ad phatampyin&vtahtes us.mpyrfght km cad will suhlett the vhdamr to Ingot p,a:ea 11ML r. 9.8'' The Arau-mt wm.m7iex cad apptave mr tale' other svgragriat; ectioa unrm the cmtmctoc's mb= tmh—wj:h as•shap Drm+vingr,Pmdud Data and samplarwbut M* for the .BmiLei purpom of checking For mafota= with inin sting-given and the desiem concent ' espy in j he Caatmd•Docvmeats. • °� 'P5c Ai�iii'ey wtesgr�i �d deatie msti� g Zi?d�'�d requirements a&the Canuad Do==as written ra;u-md 4f_mail=t.'Owner or Contractor . The•Arcl�d WM taakP inuisl demons cm on all daimar disputes mui other ma =In Tms ion between the Owner mad Catmdnr but will nd be liable &a nmit of gap iaierpretzdUW or deemitlwso=dared is land faith. 9,9 The Ax,6,hEd's,chcid= m we -tin%to m.hd&affred w M be final If ftmf whh the int wed in iiie C=trad Dc=menfs. and aper oved by owner. i respaa 7itii~and Tuniia bw of idt5oiity'••of'tlie At�tltert as set fi><th fn ih-- ' Conizad Doaaaerrts shaI1 oat be xestticaei,�ndil;ed ae e��without wrii3±n eaaseat of the Owner,C=t:r?x',w.m34A=hm=L Cori mtsballnot be tma sonabbl}�i�rlthheid. . 9.M L•+MF .S AND CISI tt' Batu CI-vms,&-gut=gad other= er=in quardou arising out of or relating to this Cmtmrr, indu ing thcm'a1L-gig;as=or ar omimdan by the A.-�tt but epdtuIag these msi dog under s FmmZmph 35.-, shit be reFm A ialt to the Armed fur Am4d a.Such Tn-Af s,mamflt ihcde mletinn to aesthetic efiii gad =ept diose wive3 as pradded fmr is Para9�aph.9.0 gad . mg2pla u3.3.3and z14'afiPr initial decsian by the Axdui ar ;ri.d>-p a€Eer subs of the m tis icAlm Arbitsct,be mA4ed to mediation m a maditiva p=d=t ta• the iti�Ele��l�c_egLui=atexpcmmTpS by edhe=va-� ' 9=-'J If a claim,dispui-or athdr mfr is mmsama mistas to or is the aubjed of a mecbmiies- • - lien,the WrEy metras sorb =MT Pmt is 2=0Zdaar_with"B=bl:] WAO coaaalp - wBh the rm=dm or filing dues prier to resch,6an'of the br the A_*ffihe:,her' . mem arlsy ems..:=-==ud jaitan: flx-,j T3--gates ibiM md=vmio—.-dye their 3iVulws by mesl'isa'aa wbicis,mxles the paxfdes . • mtduaIIpagrz=othernn:.�,shallbe3aaamrdaacewiiJathecaas�tionloa of the Amedcaa Arbhdiaa Asoraati===dlg in effird,Awues`lbr 3�ediaii—shall be•Hied .. . .- . . . .,inwri�gwith•ihe otberpart:yta�dzr,li�emcataad 1�vithihe an,eT;�;Arbi�.A:sod.T.iaa. ;- . . • The request maybe rued:concu�lg "—4"s �1_� �a:;��Jw,ia.such a rnrfcowiinee_ egznt,medraiiaRl Shall pm�d bs aarari�a� —lap -dm O!�itSlt2bL r _—_..r,S'�IDCIl saalthe stayed peaamg mediatian far a period of bo days�i'ae date of 5lin;,tmle�s'�-ye�i.Wr a Inner period by agr mem of the p m m mut a ml&. —' that reselged by Tn.A; •aa,mmpt rnatter,•re dn%tD 8esthedc eked and' the ilj waif a:MEN s in Para aph gm�mdSubm U#b4 x,.5.3 and�- � d�ala by ardw m7�utr�ly alis dherwise,s _I aa=da=w�ibeC,om Tl� nr 1 LLICS o tL-AII1mIl �, Asm�n O' . 1p in effe=t Thu�r arbkratioa still IM w ' ' �rttdl the other paM tbb�amant mt e:r AiAe wd wit hArlutartiaa Asa ' an $e made whhin xrr=able•time atirtk neetrma AIg-,a9_a? the&=un.The by the arbi mbhrdt=almH is'Fara!,ami AaaREYtATO OWNU• 7 n it in a=mlz=with; manycoLr-?TRA=R AGRE=MUNIjmdsnidipt by writt� mnmmt of tla:pude az esstity sa be jaia�,na �tisAra-rl tnstltute •�' g out of ar rely to the caah-&Doa=eat=shag ached=.by e3ion, B New York Avamm,a.IAL �. Q ..neer ...r....:� ..., r....,'.. •.. -wAmQMttmncmned p6 g*c ams"cwp74lZW bm<=d mM c;km rim m lqA 1 - ..,. ...,� --_- irRalv�i in a coinmaa qua-tioa of such prior ar eatit-f is mbsia 654 iath=arbitx�ica, ` pr =of im:h pemon=sooty is:wired if comPlsie rebPP is to (9}ihe i A=mL orresponslMLT of such p Cr mattmis mt bmbsWnlieL sad(A) such pmaoa or mnti4 L=mL a A•cL of the A#iiaes.ealplCrM m u►omltmdL The herein aiiian' shau be=ec5&.Uy eat=able under s_vg=h=llw in sap mile l , provided hefehl :-1S C1A1WI5�fl t:pNrruU -jJAL 6AMAGa 7 . The Caatndhrsad Ownerwaim dai=ags>�eacb ad=F= dama��Cal , of or Ta1�in this Couh2cL Tbbe waver inclnd� r dama�s incurred bp'the Owner for rental fir lh-ses Gruse,income,prat, EMMg, blssin�s .and ieuqudion, aid for loss of mz=9 meat._ar.esaolgy!' • productiiRty'ar of;he�vicas of si:chperso�the� '' � ' .' . damages in=rad by the C==dz lbr.pdndpal. or= avinm b=hiciln �g e . , .. campmmdlcm of pe:sonac sudian�ere, fes•lam of Md =pout=and far-im of praiib _ , Tian sa 61 r.4=is �o'�Bnaisti�,'in Im !� wish Astcle�g.Ndbiag,mme a i is this paa�h Sas half ' � 632 to ahE6 P=ft inarrrnr'Y•nc* .. is of I gdagle a—.d d�wash=PlS�r m � ars?ss�= oeibm eme3 els of the Cmtiad D"r,== r , AP.11=z 10 SUIMN LACTDFt - . 10.1 A 5ubmnirador is a-DM- eatity who lass r.am.-=Md. wlik the4;ufrz r ic• .•. asso>:Saa of the Wank st ste. 1a3 1 the tvi�e siat'�'ia tie'Ccd=C:C-DaaanzaW or bidoi_zed Castr ,r, pracS=ble aft=aws ss�om Es i3 of the Cont.; 5s�sh is�-iri �'' , Dwneram _jj,= a the Azcbhed the neia�of the 5ub=tmdom e�of the acac at?�-W. of the Wart:The C=t3=b=sbd ad=utmad with my&ib=rri,-.aiscr,to•vrh=S'ibe Owner or � •'�'- bas mad=rzascmable sad tiaudy objet'aon.if the proposed but ml 5ubd� . we: ably tapable of pig the Wim,ibZ Caatmd Cued Tame shall be• : --- - inawsed'or de==Bid by-the fffr��if��•-�+�+ed by�tazrsge,md.aa.,qprdgz}� . Mnnv=Older shall be rued bd=cmommcezrieuL of the subsdtat.Submitlilde s Wmk The., . av with in venom the C=Lmctar.has mad: . toutsad Caatx-actor shall hat b_�cpu�is �s ., . r=mmabk.ohje-dacL In CaatT3�b6t'+�'�12t1L CCdTtI3CtLlC�EL 'ah'�L f l�Ie eSIIl S}i �rs�r ' -in the salmi aftbe Workin be•p=fi=ed•by ihj Suhmotmd=lm lir bmmid to the G=-rs" Y. the i=s of the Coattad-mc m mems,and in mm=.4 waj+-he C=h=ior all the abB*cm ' til— n=e6m Cbrft r,by the Coated DOume�,.mmes tower the Owner and t-�the 5u�ttor lh-.bsnefii of 22 riebL, rad s sffur�d to the Con mL4oc bpi - ihmCmA=dDc=nm _s Ot98i AIA ' .. f,1Ah�CI1ME.'t'CP3�i-79°..•7. 14R7]Cs 11 OtAN�A'S RIGUT ib•PEAFORM CDRSiRUCI)ON AND TO AWARDPARRic. CDN�ACTGks '.����r-Ni CONN ACTS IhsAsa-�icmlest'ltr� , mi The Oarner=mmv=the zig t to perform�sfisuciisui er co inns zelatsl to i�psop3 with the Owne:'s nwa iaT+ �d to•awmaLS j, r. COI'L�'"in=jmedi n wit�i atm P V'.5 HePt - ilva�itLglau,J.�:c:.��+i•�� yv�araeta unu�r3 p Twang t1_mprrtghr i 00 area wm m bJccdm m bo of the Projed or other construction or operations on the sitz under conditions of the contraa identiryl or:substantially similar to these, including those portions related to insurance and waiver of subrogation.If the Contractor claims that delay or additional cost is involved because of such action by the Owner,the Contractor shall make such claim as provided in Paragraph gaa. t.7 i Mie Contractnr'shall afford the Owuer and separate corrtraciois reasonable oppor to ty far introduction,and storage of their materials and equipment and performance of their activi-. Lies,and shall conned and coordinate the Contractor's activities with theirs as required by the Contract Documents. 113 The Owner shall be reimbursed by the Cantractnr for•costs incurred by the Owner which are payable to a separate coatractor because of delays,'improperly timed activities or de&ctivz ' '_ }loll ho =,,=sibin 1=4—r'nni,•�Nr,r F..z r.rFr constllidion OE the G'ertirartnr a• iAe•LL }^'?tie r�mrit gr2 mTt+P—ro nF.iolZia eel.d' ...1 .t--.-•,., _ r ARTICLE 12 CHANGES IN THE WORK 12 7 The Omer,without invalidating the Contract,may order changes in the Wmkwithin the . genal scope of the Contract consisting of additions,deletions or atter revisions,the Contract Sum and Cantmct Time being adjusted accordingly:Such changes inthe Work shaIlbe authorized by vr3i t Change Order signed by the Owne; Contractor and-Arcbitzci, or by written Construction signed by the Owner mid Architect. 1z_2 The cost or czdit to the Owner from a change in the Waw stall be.cide;3a ed by mutual agreeunent of the parties or,in the case of a Coostiuction Change Directive,by the Contractor's=A of labor,material,equipment,and rersonable overhead and pro& 123 The Architect wMIve mrthodty to arder minor changes in the Work not iwoWing adjustmerrtinthe,Contrad Sum or extension of-the CorrinctTimte and notinconsistent with the intent of the Goatzact Document..Such changes sballbe effi:cted by written order and shall be binding on the Owner and'Caatractm The Contractor shall carry out such written order; promptly. V-4 -TZ concealed•or unknown physical,canditions am ericorintered at't is sitz that.differ. —^- materiaRy fivm those Indicated in the Conbract Doasments or from those conditions ordinarily found to exist,the Contrast Sum and Contract Time shall be equitably adjusted: ARTICLE 13 TIME 13.1 Tme limits stated in the.Contract D.ocauments are of the'essence of tha.Corra By cmcrrtiug the Agreement the Contractor confirm that.the Contract Mme is a rersanable period i►i� far perfon�ning the Work 19.2 The date of 5ubstani.ia1 Completion is the date certi$ed by the Architect in accardance with5rwparagraph l4:. See Supplemental Conditions i m 1997 AIA® AIA oaculx>=rrrAtoTagst mages ordered is the Work.by labor dlsputL-,fire,unusual May in , arraal adverse ABBREVIATED OWNEReoarRACTroR AGREEMENT weather conditions notreasaaablY antid atable, ties or any causes beyond the Contractor's control,or by other Architect determines mayjustifydelay thenthe The gmerkn invitute Contract T extended by Change Order for such reasonable time as the Amhited may of Architect+ TM New Yark Avenue,N.W. Washington,D.C.20CM-5292 VIA MMM u nilm ed phaw=pyiag vla&m U.S.ompyrighr laws and will subject the aiahw to tegal pmveevtl= . .. ... .. I ARTICLE 14 PAYMENTS AND CQMPLETION 141 AFFUCATIONS FOR PAYMENT 14.1.1 Payments shall,be grade as provided in Article 4 of this Agreement. Applications for Paymeni shall he in a form satisfactory to the Architect. 14.12• The•CmLractor*mantstfiat title to all Wedca vered by an Application for Pwlbmntwill pass to the Owner no later than the time of paymeaL The Contractor fiutherwarrants that upon submittal of an Application for Payment all Work for which Certificates far Payment have been previously issued and payments received from the Owner sh _ las4.ad�_F,_.,.+t,, a Pr' F 7+e liver and clear of liens,claims,security interests or or other encumbrances adverse to the Owner's interests. 14.2 aFmFICA3E5 FOR FAYMF:rI7'_-_.„ - _. —_ .._ .. _. .... : .__ _. 7- 142.1 The Architect will,within seven days after receipt of the Contractor's Aapiication far Payment,either issue to the Owner a Certifimie for Payment,with a cuff to the Contractor,Fpr : such amount as the Ar6ited determines is properly due,or notifythe Caaftactor and Owner in writing of the Architect's reasons for withholding catification in whole or in pert as provided bi SubParagmPh24=3• 14.2.2 'Che im=m of a Cmtifi�far Paymeniwill rims ttd a represents n by the Axchitect to the Owner,based on the Architect's evaluations'of the Wick and the data aomnrisnag the Applicaimn.for Payment,that the Wolkhas progpmedto the point-hi d1wed.and that,to the best of thekd1tect's 1mowledge6 infoanatian andbelief;the quality of the Wodcs in a=rdm=with the Coact Dc=ents.Tyre foregoing micas are subject to an evahsatiaa of the Work for craif=m a with the Contract Documents upon Substantial. CompMon, to results of subs Veuttestsandfa �+n tocan=donofminordeviations&=theCaatradDoaffients prior to mcapletiiZu and to specific quaUcations egmmed by the Archhect The Issua=of a Certi Fwate for Payment will further constitute a representation that the Coat actor is entitled to payment is the amount certified-Hawera,the issuance of a Cart ?for Payment will not be areprssen+tadonthat the Arddted has(1)made exhaustive or continuous on-suite iusgectians to, check$re gddky ar qumxayof•thr-Work.(2)reviewed constructionmeaas,methads,tedmiques, sequences or procedm-es,(g)reviewed copies of requisitions received som Subcontractors and unaterial suppliers and other data requested bythe Owner to substantiate the Contractor's right to payment,or(a)made examirtaiiurttowcataiahow or far what purpose the Contractor has used money previously paid on.accc oont of the Contract Sum. 1423 Tire Architect may withhold a Certific for Payment in whole or in part,to the extent reasonably oto prated the Owner;if in the Arzhited.'s opinion the representations to the' Owner reguhed by Subparagraph •„ cannot be made.if the Architect is unable to citify payment in the amount of the Application,the Architect we'll nodiF a Contractor and Owner as provided in Subparagraph> --L The Architect may also withbold a Certificate for Payment or, bemuse aFsubsequeatiy disciivered'egidei ,maysrutl'ifjtbe white or a psi of a gert'rFir for Payment previously issued,to such extent as may be necessary in the Ardi h ci s opinion to pmtedtheOwnerfmmlossforwidchibeCortixadorisresponsfirle,including lossresultingfmm il(� acts and omissions dest:dbedin Subparagraph -,'because of: a e a defective Wodc not remedied; c. : n third party claims filed or reasonable evidence mdicaiing probable fling of such claims �a unless semrity acceptable tb the Owner is provided by the Contractor, _ 01997, MAO A a fa we of the Contractor to make payments properly io,Subcpatractors qr Far'labor,. AIA DOWMENT A=-1W matmild or cqdDm=ti ABBREVIATED OWNER- .4 r-*F1aaable e-vddeV a thaLihe Work--ot be completed for the unpaid balance of the CONTRACTOR AGREEMENT Contract Sum; TheAmeri=Irvtltute .8 dames to the Owner or another amtradar,, of Arrhitmt Tra Nets!Ym-k A"eriu N w Washington,D.C.2COOE-52 wARMIRW UnDcav l pharomtzVh vloratet as. yresiu taxa and wlp star iha vtahrar to No pfunaR,4L 4 .s reasonable evidence that the Wark will not be comple3ed within the Contract Time and that the unpaid balance would not be adequate to cover actual or liquidated damages for the anticipated delay;or a persistent failure to carry out the Work in accordance with the Contract Documents. 14.7-4 When the above�for withholding certification are removed,certification will be made for amounts previouslywithheltl. 14.3 PAYMENTS TO THE4ONTRACTOR . 143.1 The Contractor shall promptlypay each Suhcoufractar,upon receipt of payment ham the Owner,out of the amount paid to the Contractor on account of such Subcontractor's portion of. the Wods, the amount to which said Subcontractor is entitled, reflecting percentages'=ftmlly -- retained-from payments-to-the-Contsactoran account of such-Subcontractor's pardon.af•tbe WarL.The Contractor shall,by appropriate agreement with each Subcontractor, require each Subcontractor to make payments to sub-subcontractors in similar manner 14.3.2 Neither the owner nar Architect.shall have an obligation to pay or see to the payment of money to a Subcontractor=ept as may otherwise be required by law. . 143.3 A Certificate for Payment,a progress payment,or partial or entire use or occupancy of the project byte Owner shallnotcoastituW acceptance ofWmknotinaccordamcewiththeCootrad Doc mentL 14.4 SUBSTANTIAL COMPLETION 14.4.1 Substantial Compledca is the stage in the progress of the Waris when the'Work or designated portion thereafis sufficiently complete is accordance with tha.Caatract Documents so that the Owner can occupy or utilize the Work forits intended use. 14.4.2 When the Architect determines that the Work or designated portion ihe:eof is substaatiaifycampletetheAxdritectwillissueaCm-ff atectSubstamtialComplerionwhichsball establish the date of Substantial Completion, establish tespondt•nliiipa of the`Owner and Contractor for security,nmir,+pna„ce,beat,utilities,damage to the Wadi 1knd imum ct,and fix The time within which the Contractor shall finish all items as the list accompanying the Certificate, e-6aacumall-a��essa-eatha-date-sF _ .. ...._ S+>�'��' =ai�let3e��°+�e�Is��--��e�s���za°.r,,�-��-- -- --�•-� --- - ., C--& -' -s".. : ' r —• e9a 1Jpon the issuance-of the Certi&cate of Substantial Completion,theAzrbitectwill submitit to the Owacr and Contractor fortheirwatten acceptanc- of responsibilities assigned to them in such Certificate 14.s FINAL COMPLETION AND FINAL PAYMENT 145.1 .Upon receipt of written notice that the Work is ready for final inspection and aueptance. and upon receipt of a Sial Application fur Payment, the Archited will-promptly make:pch inspection and,when theArchitect finds the Work acceptable under the Dontmd Documents and 111) the Contract fully performed,the Archited wiU promptly issue a final Cerlificate for Payment a stating that to the best of the Architects knowledge,information and beU4 and an the basis of aac�rc the Architect's on-site visits and inspections,the Wads has been completed lin atiardance with r terms and conditions of the Contract Documents and that the entire balance found to be due the C1997 A i A m Cout actor and noted in the final Certificate is due and payable.The Archited's final Certificate A1A DOCUMEHT A107-1997 far payment will cansiitute a furthernpresentdioa than,conditions stated in Subparagraph 14.5.2 ABaREVEAT G OWNER- as precedent,in the Contractors b entitled to final havebeenfulfiIied. crtaTeAcroR AGREEMENT p � �� The Amarfran Inatltm 145.2 Final payment shall not become die until the Contractor has delivered to the Owner a of Architects complete release of all liens arising out-of this Caritr2d or receipts in full covering all labor, A'.5 Ne-York Auenua,N-W p WWhWztao,o.C.tacos-EM WARMG:unkmed phorompytng vrolatej U S COMO he!cod 2nd edit nthjda the Vh3hdOr to tepl pnmmcu"mu t mateaals and equipment forwhirh'a flea could be'flked,or a bond satisfadovf to the Owner to indemnifythe Owner against such lien.if such lies remains unsatisfied after payments axe made, the Contxactor shall refund to the Owner all moneythat the Owner may be compelled to pay in discharging such lien.including costs and remoaable attomeys'fees. arising from. .7 11en5, Clarets, seCrllkty lateY?St5 or an^�Tn races o the CDa72aCt and, unsettled; Lep�tan aflure of the Work~to complywith of the Contract Documents,or ter GE special bythe CordxadDoatments. - payment bythe Coatradnr,a SubcontractorormaterialsuppfiersbalLco claims by that payer e�ept those p>zviously made ku vruting and ideati n" d pwfee- ARTICLE 15 PROTECTION OF PERSONS AND PROPERTY 75.1 SAF"TY PRECAUTIONS AND PROGRAMS The Contractor shall be responsible for initiating, maintaining and supervising all sahty precautions and programs in connection with the performance of the Contract.The Contractor shall ta-lm-h--m$ablepracm lions for safety of,and shall pravide�-��pmtect m to prevent damage,injury or lass to: - .s era bye-is on fha Work and other pemans who maybe affecied thereby; •n•the Waxkc aid materials aid.equipmmi to be i=rporaied therein;and -3 other property at the site or adjacent thetatm. The Contractor And give notices and.comply with applicahle laws,oruuta ='WE%rzZUlatW= ; and lawful orders of public'authox%es bearing on salty of pts m and property and their pmtecflon livor ammge,injury or lass.The Contractor shall promptly remedy damage and loss ' to property caused in whole or in,part bJ'the Contractor,a 5ubcoatxador,a sub-subcontractor,or aoyoneamctly or indirectly employed by any ofthem,or by anyone far whose acts they maybe; j. liable and EDrwhkt h the Coxxt adoris responsible under 5ubparagrwhs a9a and 2si5,except.for damage orloss aUinoAffie tc ads or omisions ofthe Ovr6=arArchitee orbyanyane forwhose acts either of tham maybe liable,and not•atiributable to the fault orne&ence of the Coate -• The foregoing obligations ofthe Contactor are in additionto theCantradoA obligations under Paragraph aa3. 15.2 HAZ42DOUS MATEMALS 15:.1 If rensonahle pr —ltion5 wpl be inadequate to prevent foreseeable bodily injury or death to prions 'resulting from a material or substaaco,including but not limited to asbestos or polychloduaied biphenyl.(P(B),encountered on the site by the Contractor,the Contractor shall, upon recogafx Rjthe condition,lmmediately stop;V o in tht affected area and report the condition to the'Owner and. ArdAied in wd iu&When the material at substance has been rendered harmless,Yk&ia the affected area shall resume uponwtitten agreement of the Owner and Contrad6r.The Contract Time shall be extended appropriately and the Contract Suras sbaU s be increased in the amount of the Contractor's reasonable additioanl costs of shutdown,delay and �a start.up,which adjustm eats shall be accomplished as provided in Article>=of this Agreement. r� m7'997 AIAN 15.23 To the fullest extent permitted by law,the 6wnershia indemnify and hold haanless the AIA flu '9-10"7 5ubcoatracton,Axchltect,Architect'sconsultants and agents and employes of any of ABBREVIATED CONTRACTS;.7,i:CiREEMENT them from and against claims, damages, losses and expenses, including but not Urnhark to aiiameye fees,arising out of orresulting fiom performance of the Works in the affected area if is The Arrwier,la- Ula fact the material or substance presents the risk of bodily injury;or death as described in of Amhtterr• TTS New f.LW WARNING:Uelkened Phuta=Ptleg vkW"U.S.eepgrjg6i taws rad WO subject the vwxtar to NO Pmse�+baa. f Subparagraph i5=anti has not been rendered harmless,provide&that such claim,damage,loss or expense is attributable to bodilyinjury,sidrness,disease or death,or to injury io or destruction of tangible pmperty(other than the WarkitseM,and provided thatsuch damage,loss or-cpeme -is not due to the sole negligence of a party smkmg indemnity 15.2.3 If,without negligence ori the part of the Contractor;the Contractar is held'liable far the cast of remediation of a hazardous maierial or substance solely by reason of performing Work as required by the Contract Documents,the Owner shall milEmnify the Coatract or-for all mst mul expense thereby incumxed. ARTICLE 16 INSURANCE 16�_ ..T.he•Contractor•shall purchase Emm.and.maintain in n company or companies-lawfully.. _ ... . authorized to do business in the jurisdiction in which the Project is located insurance for groteciion from daims underwori='compensation ads and other employee benefit acts which are applicable, claims for damages because of bodily injury, including death, and claims far damages, other tlian to the Work itself;to property which may arise out 6f or result.liom•the Contractor's operations under the Contract,whether such aperaiicw be by the Contractor or by a Subcontractor or anyone directly or indirectly employed by any of them.This insurance shall be written.for not less ffian imitsoEPialllksped6ed in the contract Docuiptsorrequfredbykw, . . ' ..... ' .- whichever caverage is greater,and shall include coairachml.liabffity insurance applicable to the ' C ontracLues obligations.Certificates ofInsurance acceptable to the Owner 4mR be Aad with the Owner prior to counnenceamat of the Work Each policy shall contain a provision that-the policTwM not.be canceled or allowed.to a spire until at least Bo days'pdorwzittenn otica has been gsven to the Owner. 161 OWNER'S LIABILITY INSURANa' The Owner shalt be responsible for purchasing and maintaining the Owner's usual liability Insurance. 163 PROJECT MANAGeMEN?PRMCTIVE L1ABtLCtY 1N5URANCE 1, 163.1 Optinmally,the Owner may require the Contractor to purchase and,oyintain Project insurance From the Contractor's usual sourer as Mangy enient Protective ]oiabm�ity PAY coverage for time OWIl s, Cont-1 's and Arch11eds ,vicarious liability for conStnictina .._ _.. - 'opera�t�Gtder-tlrot�CDL�dGt.lTn1e55otl]aL4VIser2�l�ytllCCDIIiI'dct�On,men�y'theOwImer shs]I rzimburse the Contractor byn+=sing the Coutrad Sum to paythe cost ofpurchasing and maintaining such optional impar=coverage,an6 the Catttractor shall not be respomisible for purchasing any other liability insurance on behalf of the OwneL The minimum limits of liability purchased with such coverage shall ba equal to the aggregate of the Braids zegAred for Coatraactor s Liability>n 4 x_nce under Paragraph i6a. - 153.2 To the extent damages are covered by Pmjed Management Protective Liability insurance, l (j the Owner,Contractor and 2lrehitect waive all tights against each other for damages,except such rights as they may have to the proceeds of such insurance.The policy shall provide for such waivers of subrogation by endorsement or otherwise �O4AC ' t 1633 The Owner shall-met-require the Contractor to include the Own=.Amhitact or other 01997 A 1 A @ persons or entities as additional bsunds on the Coatractoes Liability insmance under Paragraph AIA oocumM Ator4ss7 1fi.L ABBREVIATED OWNER- CONTRACTOR AGREEME4`T 16.4 PROPERTY INSURANCE The American Institute 18.4.1 Unless otherwise pmvided,the Owner shall purchase and maintain,in a company or cmm- oiAur-Nus a lawftdl authorized to do business is the „riaiicdirm in which the Project is located, 1T'S New 1`arlc Avenue N.W. ' 1?� y l Washtagtaa,D.C.20006-5292 wA11MM unaameed pha nr=p n vtohow us.mpyrtght bws and wfil sublea tha vio{atono legal PM0=doa. i ptopert-riasurm=onanate--iWp6 bwlder'stisk.isthe=aunt ofltheid- tial Contract Sum,phn the valor of asbssqueri mo&Eca m=and ant of mz phcd mid instaiied by others,con7mq tcum vai a B=Ihm=tae Prat at the site an P-m.km=mut cos+,, bssiawWwutapd=aldedu=bl�.Sucapmperttrinsm=sballbezaainta unlem ath=wLm ` 4=id4 is by elI pelseas arsd Hifi ies wim-erre beaefidmim of amh insurance', until- mal paymimt Im be=mt& as•prauined in . P v+.5 or untrl do peamn or eniiLy athm thaw the Owner bas as inscnzd;-hAmPst in the PmpEft7'mauhmd bythi-s Pmg"*36-A to be coveted,ifEch-VIr is int=This imt=i shaIl •m. . de J.4.&ds a . s Gw;=, 1 V G41YM1 A4i may or tL Eachpoficy shmIl coater a provisi�that3he. canoed Carr allo+n►ed to exuue, that ifs uatsl Bi k mi hays'pdw v�rrit m mad=kap� W WAWMS OF SMRDeMOV ts.s.1. The Owner mad.Cm add waive ail tights s joind (i) ekh cd=arid•gay-of Meir mbctiatftci is,sub-mbcaa6ctms,agents aad e:uplayem..,esti of the other,and(_j the..9 tec: . . ?u-cb is a mbEakr ea iu A-r dde iu if a,*aril easy of tbift sabcadxas,�b-s: at�,his md eair+ia Ickdames--A by Foe ar ctFa=r , ratrses of lag tts the�t eJvzred by prege�riyy,�m,sv.•�ca cotsined to I�a�e--�i�or � ': ; Other k=2=g mlc-:-He to the weni; —1.—�=�� ' � ,f ..� '.� Ow=tJT�i�cJ'tG. C,•LS"r^rr,,n�+=s r�Sa� • _ ; • ,a�ihrAxc�+st_�.,b.�t' .`s,,,�,�•��, ecvntr�darsdes�edmA-�den,itma}'= Y ._ �d tI�szsac�:adta'o,sttb-as kadta�,svu.,s and 1aglaye�of may oc them,by�nronssa`�• _•7_ a ei:ts,w +_=girls e]�.Uy7 , 5x wlm-�j, smear vqiv= em:h is fv=of atlu razSe, �cai_adb� n.Y'tse oolid=slu+3lpzJvide river;at suluegesion by®dam ar vtb i�e, tivaver cf eubra�Shzn be eC?+e Asia a p=oa ar=t y conn though tbk ;. •persaa or fir- a a af1>mvse have a duty of iumiuraaoti, ant pzyibe•m�p ar ,aucl vabeiber br}sat for pe=ace ar entity ssmd :, r is iathettrapy3maa 1E.hu• A log br=ed under + ., ` =_i*b==--slsall bo iT by the Ow=as Y and u payabletm theGrvuer as 6duda;fiathe Vis,Ps'.heu iuteresis may . etaae�sttbji� to=.,*eme�ds af'aaj°qm.t Bk 4=L ;T&e - Subtmatsadm 'their jud 1--bos of innw r-- mu=Js ncive3 b'yr the Cansai:iot l and by Wamr+, wlittedwhaml �dfar•gali shnilrrn eta spgxa®ate mgmernet�, �Ily make payments to thew cwd-i shmi mnmm A?i 1CLR-Sl'CORM-11ON OF WORK ;_ '• = T1.Z' CaatraCiar s1rIl pmmrstly Wad rej by ih--AmbiiEa ar fates to ca mm S is the;egL�r'emelis of the Ccmimct rl=umemis,vh-Ll=discsvered b--Fbm ar efL--Subemns l- C',ampleaau mid.-v6dber or vA fsbrirat4 hmtdW or completed. Costa ai`C=Oabg such . a�...cEed'Wata'L,amt}vdu�adrii'aaaal tistiug and iasp�tiams mud Fath=Ar,�ii 's `... s�vic�and eppmmm mad-nm==Tih=bdmnb!!at the Caatrarimes E:.4E79e. • �=" Tri in adniiian to tba�C=tradar`s abU under r'ar�pb L4.if,Wfthm ane m ergs, ��GocU:��A7C�7 : -i , , *21 _ .. . :", ., •., .�:�etliytmms of sa apgsicabIs se�aI vm=mty sem ixed by f6Cm=c!;T3a�t=,zmP of the Wolk is fatmd to be z�nt ice. Aran. a ta-^itute =mr&=,lith the TmpdnmFmis of the Caubu=i Dawaenis,the C=ta#=shah ==lTd it @he Final cc=plsiaa naie-orsuca lowerperlad . its r�n,1 ti �ah➢f�dFr►tTneSu��teme�iconc"� ' �en+ea+trms C ,I+ma+mt>r. te=,u aad„tm��• m� hist of.wt3itea'notice firm the ownd is do so•ua3e l}ts Gwasr bss- . >lvcittm a of sit d -M=Ow=3 g .pr,eviovsit*F=the Ccratrattar a sow.zi td= after of the cenditian.Duda%tha=e-y=r pc�iad for=ts� ai�rYari;,if Own ''W. n Y ltd�theCantsad=an oap��'10 a• ,, ;•c:ha hts to rernrtze=rr�by'�Camra make the car:rctiml,tore Qwaer' in nat•te exm---dt31tc (=dm p mwtsa tnvided to ti'Ie g�p�eltltal r>= iuc�e tonal st`$panettft ' Ga artc�t7 4he Eaatrad Fails tsTcaFsect nancnnFmmin�Waik�rit, ft D> �may,c= iL�n----. �vshh a i••� . c=,jjoa afyk&anaIl be cziended with in porgy-�of . �•, i7se ane-year peaDd f- • by the p ad of ii=be�ivr-a , •mow► ' _ Wmk�pmf==d aFis:rr" . C �caoa aced the actual dire er�t.ammesi � e�i►m i m P�°d lbe'G3 T�e 6=1ear pedipd far coct as du'11VDLk sh'¬ he e�::anded hY�*a* ' p_erfaal d by i{ie Gani?�+ pIa?t� to this A.rdrle 17 The foregoing.dads nd bt any mer rials • . . :or more aaertstve��rar�Cy Provided by�fie • 5upplemenw Cotxif'iians. ., p,RTtt:'�: l8�M1SML L,�,NSOU5 PsGmcm ecvmvqa LAW ?he Crrut-4ct shall be Sav=ed by the]aaw of the plat_•wiimm"a the Pxs is16 . . . Tw 3 3,3ffD INSPw7 afg . 7E3 1 -•��yT�ks�nmtd b�the iraatraat Dooms cc at as of ,. 3�s�d aoIIrcv" p� _ . 3 _ it or m�das of�����baa slsnil im-vICIIavid3, he 9hala8=a =a&mi .*;moiecT1C.'ftj aced sagr-sals an 7'°r'C=asr sig ��with;th=ape bfic nte aui�sc4'iced s�uaII-maautz�e= Mable in the Ow=*or a tf acetic t�7= 'crus aced aaa Eim of ick.-,i� sba sins - the wnic3,xa. be p�eui. • and whore itsts ani ip�e�3s>us aa: to be n�� t� � � ;,.. `acti berms.•. ' isrsa=I= . � pyyper ahaII bear casts dLF iris, aft=bit3s am see;'svd ac Vic= . ACU A- As Scwe=Ow=gid C=tmd l my� Si1al1 ""t--='' t aIImd ca=of ac itm sbAbe. to bm ac=33' ihan Cernnleflm ft=is c� io adi�,-+n-tne a .late: lie date of 5a priar w the Takmad =t Later thaa the d issua=of the ElioG-rtinc far gyaeni'Em azo;fm tires in act sctl u� in the rzkT&d dat: of Suletan a3 t^�.r�rIL► nT a lu pdor in' of 4be fisset C.3iinda�'Fm s yme� . aat thm the date,DE'the jdYdIlt act ar'fa3'twa 10 a�b}r the Contsa� act Or , -C 7S9I •Allo -• •' ' I=M-cRirliaG AR-,ICL-:'19 i�iM31Y.�T3E7F3''Oe;i3e.C�i�i8r1�': IEVIATED DUMB. � -IUMtNAna ff 61''n•IE =7°R ArMMMEWAGMIf �-csit ?aim in wend pay== a PC=, aF 3'dsps��h-audit no Fal l9 cf t� t,�rinn tnstltute Caattad Dry drt the C}wn�fad io matte psymmi ih-�FDr a p�d 3 dap.them�Gr . aeruM.� =0y;up=w=adabunal da wa`tt�adliz� to tbe•Crwaer$rsc tore " ti= wAIMMU:a * "cb=U—.an-wpl r bib.e sna WM sic Cm aci.=a r=O=h=the owner_payment I=Werk.—ftd end for p=mm*l=wiih- z�to majF-Apt , wummmit,to0jr, end aml=u=w==mi ead magmas =du=34 nmsa sable Ovee±ead,pmfit and damages gTBcible to the,Pra w.. 'Ise 7E8e4U1P.T1ON BY itiE�Wt1Ei In ij The Owne"=e the Coar:tif the C a pe ddmrzly ss;egestedif i fun ar fals to suua} eaou�pmae-y sued v�mk�as ctt • properms r 'fabs to milm pagme ¢to Sub= i farmdedy]s or lobar in a=mm=wffi'� tnPeciiqe beLw=ihe Cmtrctazan.the Sub ndA T vwms or arm of a ?Lft?c eltih�z}* 7 za other v is of s lazach nE apzavision of ibE 37oat .�. lg 2 Mbfm my dthe above nmm casia,the Owner,=m baa byihe• tbA glAdeat raises tmsis to jtislruy axh acdca,msy,wfthasst t a*' *=to Keay the Ow=may have sad aft= tang the f'mi&artm mm daps vmhm nat9�,imnin the Caatract aad iafse passesaissm oIf theste and Of aII s1s, e#mum,um,t xis,aad=mtmc . e eat and madbay therefln awtued by the'C�tar and,=If.f�the'Work by , �,.,,&&=mtind.tbeOm=mq&==-a3'zjlz=x*estoff=*mbmda the ' Ow.ai&Z fi rraiah'ta the Calstacim'a&egad acmarfta of t3L COE#incsiasd by the'Ovc= mfg the Warp: m3 IRMI$e Owner 4ermmat,the C=eag t fir mm of tine=saw mains-in Subp2za� 1a o Y a "n=cL be males ti n.=m fimt=papmeat=ff fibs WiaS�ar�shsd. =4 Hthe ugraidb&mr--of the Candi.Sun=--:ds cesis Of fi���e Waz�s,sn far the ff.`s serrics.---nd•eim� me3e nom' ��f= . it=l by the Ow= to not==askwaived, stem m=m &zR be pA&to the yC dam*it such msls and damages sedtb;uapddbalats�,i}sercmd-*tm shoFgF�dls ' ��in the as the cars vmTbe, t s1mAbecmd6abyWAxhitt:d,upon zpphcdi ,sadibisabBod—Atrpwymmtabalmwda iia of tha Cmg=r.L' • 01997 AIA® _ AiA A -UMEWE Pat37= ABBREVIATED OWNP-1 MMTRAC 0R AGRES The Amsimn Itatfth • ac AtrTite=!s• M New York Avenue, Vftud San.Dz 3t3o<3 a. ARTICLE 20 OTHER CONDITIONS OR PROVISIONS • 2t This Agreement entered into as of the day and year first written above. Rice North Andover, LLC, a Massachusetts D.F. Pray General Contractors limited liability company OVMER(Signature) CONTRACTOR (Signature) Robert S. Korb, Manager Michael Burke, Sr.Vice President' (Printed ruutte and title) (Fruited name and title) or a licensed reproduction.originals contain the ALA logo �Y � Jog t Au7taN You should sign an original AIA document printed in red licensed reproductions are those produced in accordance with the Instructions to this'document. !!�!!$* i Rasr;� 01997 AIA® AIA DOCUMENT AlOP1997 ABBREVIATED OWNER- CONTRACTOR AGREEMENT The American Institute of Architects 7735 New York Avenue, N.W. Washington,D.C.20006-5792 WARNING.unlicensed photocopying violates U.S.copyright laws and will subject the vlolattu to legel prosecution. Schedule A Page 1 of 2 \ f• . � INDEX OF DRAWINGS \T�qi\ BY BOHLrp. EN,iNEERRJG BY CONTROL POINT 00.550CjATrS r B f EDr'ARUS Aup <cLCEY y� • __ � Cx�7farst 2^CFtrvv �-- Y:4,73i2at#2 SHFE T^ r.! ---- cAAri— PLAN PROJECT T _ _ -----_-- CI'rIL W ORAVVINCIVSPECIFICA710NS Sr ';0VARSHEET v `--- -- ®WALGREEN$' ----G; —_ T..._ .- _ r _ SITE DEAJ .I.r;ON PLAN �. T" I •-{ U C3—__Ty!7r pl J ----��.._,,,,,� WOLORD'S C'JN5ULTANT 4 C4 CKApiPiG a l.CONSTRUCTIONY —y -�-- -1—� l - _ rORt.UNLES4r. -'^"5•�,UNITY PLAN () 6 --� We,LGR CONTRACTOR — RnmaGE� SCOL ER I^ 6LORD''S CON7RAC7 , h�SEvIMENT CC+VrRQI�tLAI• ( J ��I cE%NQ-AA� P.-- J STORE O C8 —_4_UGHA e La--N-,-- - -- ICCO�S7ic RUC"G! DE TALI. SFtfET ---—A New. . je I CON'STRUCi1011 ET�._ r s _ KI7MC-•5H- RErroet p ! C•QF- CC;,•l�KUCTILN EIETAII SH:E? _ ALTA.A;'e�L?.ND rf7Lt• $'JR\Ty '- -- REVOCATION. •IJ- 1 E �ARCHIiECTURAL — oTH=_�s. . . . F'001. P•4U -..._.- ---;- � ���.. G'lER4:L BUILDthIC FLOOR FLAN "'JS=---..^•...i _�"f • _A L 1 rcnlp y± A GENE k n ------_ -} -I�T I• _A 1_1 -TMrJl,Nr R nE^tiF'" SC4:n!JI.Ec A pti.1�G?4 ;t41 �-T' .��o -F LLxIF P I ". -AjL A n c r c -`_ '-E A i..; TE'`iArdf A RGCF s p, n.l'_-(,r -- € r •- Al . _'fE_t4r:T A fi _PLAN&^ETAv s �--'L•-�•.. •� A2�1 TE�;,4,•Y B EXT RtnR _S- cTr,.j0.TA ~ A2'= pF.-TA!L ELE,�?IGNS M _ �f._, f-' -•� � � A�.s' i-Xi ERIJP�V�IiOiNC$E�_TI(JrdJ Ai. r -- I i =''frE!„!OR BUILGIr•F� 5ECr1Orv5 � ^. ,AILS - r- �--r ;A 4°.3.' - -'ekT'_!?u?P, BUIUIrIG SECTIOrJS fs rr l -r s -a2.d EXTCR;ar .._.x!LS -_BU:LOrtaG SEC7!Ot w•--- (- �� & DETAL3 I A7..E— ENL4RCED .Le—1- DTTZ ------ Il t #, � irtTFR_()R ELEVAT:OriS R TT _�--- DO^v_R AND vr- it3vJ"1•.'!-'�EtAf A;.4. ........F. v15 �RIv^- --__ ._ r Ru 5 ? 'rlrtoow -�---F - f -�--r--I F. 3_ D+TAl S f i t I r, • Schedule A Page 2 of 2 LIST OF DRAWINGS Drawings prepared for PETCO Animal Supplies, Inc., by Ignarri-Lummis Architects, LLP and Polaris Consulting Engineers, PC, entitled"Tenant Improvement for a New PETCO Store'Pisces Prototype Sheet Drawing Title Revision Date A0.1 Code Data,General Information Prototype 9/1/05 A0.2 PETCO Vendor/Contractor Furnished Items Protot a 9/1/05 A1.1 Site Details Prototype 9/1/05 A1.2 Building Shell Verification Plan Proto a 9/1/05 A2.1 Floor Plan, Partition Types Prototype 9/1/05 A2.2 Floor Finish Layout Plan Prototype 9/1/05 A2.3 Store Fixture Plan Prototype 9/1/05 A2.4 Reflected Ceiling Plan Prototype 9/1/05 A2.5 Roof Plan Prototype 9/1/05 A3.1 Door Schedule, Finish Schedule,Door&Storefront Types Prototype 9/1/05 A4.1 Exterior Elevations Prototype 9/1/05 A5.1 Building Sections, Interior Wall Sections Prototype 9/1/05 A5.2 Exterior Wall Sections Prototype 9/1/05 A5.3 Exterior Wall Sections Prototype 9/1/05 A6.1 Exterior Details Prototype 9/1/05 A7.1 Large Scale Plans Prototype 9/1/05 ABA Interior Details Prototype 9/1/05 A8.2 Interior Details Prototype 9/1/05 A9.1 Interior Elevations Prototype 9/1/05 A9.2 Interior Elevations Prototype 9/1/05 PME1.1 Plumbing/Mechanical/Electrical General Information Prototype 9/1/05 P1.1 Plumbing General Information&Schedules Prototype 9/1/05 P2.1 Plumbing Plan Prototype 9/1/05 P3.1 Sanitary Large Scale Plans and Details Prototype 9/1/05 P3.2 Water Large Scale Plans and Details Prototype 9/1/05 P4.1 Plumbing Riser Diagrams and Details Prototype 9/1/05 M1.1 Mechanical General Information and Schedules Prototype 9/1/05 M2.1 Mechanical Plan Prototype 9/1/05 M3.1 Mechanical Large Scale Plans and Details Protot a 9/1/05 M3.2 Mechanical Details Prototype 9/1/05 F1.1 Fire Suppression System General Information and Details Prototype 9/1/05 E1.1 Electrical General Information and Schedules Prototype 9/1/05 E1.2 Panel Schedules Prototype 9/1/05 E1.3 Electrical Single Line Diagram and Details Prototype 9/1/05 E2.1 Electrical Lighting Plan Prototype 9/1/05 E2.1A Electrical Lighting Dimensional Plan Prototype 9/1/05 E2.2 Electrical Power Plan Prototype 9/1/05 E2.3 Sound and Communication System Prototype 9/1/05 E2.4 Security System Plan Prototype 9/11/05 112.5 Energy Management System Plan Prototype 9/1/05 E3.1 Electrical Large Scale Plans and Details Prototype 9/1/05 E3.2 Electrical Large Scale Plans and Details Prototype 9/1/05 EMS1.1 Energy Management System Information Prototype 9/1/05 PETCO Pisces Prototype P E01011 EB-2004-03-25 Schedule "A-1" to the Fiscal 2004 Criteria Drawings and Specifications (published September 2003) CRITERIA SPECIFICATIONS FOR SELF SERVE WALGREENS STORE SHEET ' DATE i ! 1 !! K 4 0 DR WI TOA Title Sheet/Location Plan July 2004 A0.1 General Proiect Data and Site Plan July 2004 A0.1A General Project Data and Site Plan (Southern Prototype) July 2004 Ll Landscape Schematic July 2004 C0.0 Civil Engineering Requirements July 2004 COA A.D.A. Accessible Parking Data July 2004 C6.1 Truck Turning Radii July 2004 C6.2 Compactor Details July 2004 D.1 Fixture Plan (Right Hand 114' x 130') July 2004 A1.1 General Floor Plan and Schedules July 2004 A1.2 Reflected Ceiling Plan (Right Hand 114' x 130') July 2004 A1.3 Roof Plan and Details July 2004 AIA Roof Details July 2004 A2.1 Exterior Elevations, Details and Sign Data July 2004 A2.1A Exterior Elevations, Details and Sign Data July 2004 A2.2 Exterior Building Sections and Details July 2004 A2.3 Allowable Wall Systems July 2004 A3.1 Interior Elevations Data and Details July 2004 A4.1 Standard Details July 2004 A4.2 Standard Details July 2004 A4.3 Standard Details July 2004 A4.4 E.F. Bavis Drive-Thru Service Window Details July 2004 A4.41) Diebold Drive-Thru Service Window Details July 2004 A4.5 Roof Curb/ Door Details July 2004 A5.1 Monument Sign Details (126 sq.ft.) July 2004 A5.2 Exterior Sign Data July 2004 SOA Satellite Dish Antenna Supports Scheme No. 1 July 2004 S0.2 Satellite Dish Antenna Supports Scheme No. 2 July 2004 M1.1 Floor Plan- Mechanical July 2004 M1.1G/S Floor Plan–Mechanical July 2004 M1.1c Floor Plan–Mechanical July 2004 M2.1 Mechanical Details July 2004 M2.2C Carrier Mechanical Equipment Schedule and HVAC Control July 2004 Wring Diagram [P-22T Trane Mechanical Equipment Schedule and HVAC Control July 2004 Wiring Diagram r' P1.1 Floor Plan - Plumbing July 2004 P2.1 Plumbing Details and Schedule Jul 2004 E0.1 Site Electrical Plan July 2004 E0.1A Photometric Calculations (Sample—Lithonia July 2004 E1.1 Floor Plan - Lighting HJuly2004 E1.2 Floor Plan- Power 2004 E1.3 Floor Plan - Ethernet and Satellite S stem 2004 E1.4 Floor Plan- Bur lar Alarm and CCN S stems 2004 E1.5 Floor Plan -Telephone and Sound System July 2004 E1.6 Floor Plan - Fire Alarm System and Spare Conduit Jul 2004 E1.7 Floor Plan —Channel Letter LED System Jul 2004 E2.1 Feeder Diagram 120/208 /Electrical Details Jul 2004 E2.1A Control Schedules Jul 2004 E2.1 B Control Diagrams Jul 2004 E2.1C Testing, Miscellaneous Electrical Details & Square "D" Wiring July 2004 Diagram D2.1D EMS Wiring Block Diagram July2004 E3.1 Electrical Panel Schedules (120 Ju] 2004 E4.1 Luminaire Schedule and Details Jul 2004 E4.2 Satellite System Details Jul 2004 E4.3 Electrical Details Jul 2004 E4.4 Electrical Details July 2004 E4.5 Cooler/Freezer Wiring Diagrams Jul 2004 E4.6 Air Curtain Wiring Diagram Jul 2004 Schedule A-2 TECHNICAL SPECIFICATIONS FOR Walgreens Store N°. 10209 North Andover, MA Eh Project No. 050013272 March 10,2006 Prepm-ed By: Site-Civil: BOHLER ENGINEERING 352 Turnpike Road Southborough,MA 01772 Architectural, Structural,Mechanical, Plumbing,Fire Protection,Electrical: EDWARDS AND KELCEY 343 Congress Street Boston,MA 02210-1131 WALGREENS-NORTH ANDOVER,IVIA EK PROJECT N°.050013272 CONTENTS Bidding Requirements SECTION 00007—State Seals 00007-1-00007-1 SECTION 00015—List of Drawings 00015-1-00015-3 SECTION 00320- Geotechnical Data 00320-1-OQ320-1 — Geotechnical Data Investigation by Geotechnical Services, Inc. 25 pages Contracting Requirements SECTION 00500—Agreement Form—Stipulated Sum 00500-1-00500-1 AIA.Document Al01,"Standard Form of Agreement Between Owner and Contractor where the basis of payment is a Stipulated Sum," 1997 6 pages SECTION 00700--General Conditions 00700-1-00700-1 AIA Document A201,"General Conditions of the Contract for Construction," 1997 39 pages SECTION 00800--Supplementary Conditions 00800-1-00800-8 Construction Products and Activities DIVISION l--General Requirements SECTION 01010--Summary of Work 01010-1-01010-9 SECTION 01400—Quality Control Testing 01400-141400-4 t DIVISION 2—Site Work SECTION 02190—Sitework/Excavation 02190-1-02190-5 SECTION 02500 Paving and Surfacing 02500-1-02500-4 SECTION 02825—Ornamental Fence 02825-1-02825-5 SECTION 02830----Chain Link Fence 02830-1-02830-4 SECTION 02900—Landscaping Improvements 02900-142900-5 DIVISION 3—Concrete E SECTION 03310—Concrete 03310-1-03310-7 2 s DIVISION 4—Masonry SECTION 04200—Masonry and Stone 04200-1-04200-6 N M �g DIVISION 5---Metals pi X SECTION 05120—Structural Metal Framing 05120-1-05120-2 SECTION 05250—Metal Joists/Metal Decking 05250-1-05250-3 s C vi 1 CONTENTS WALGREENS—NORTH ANDOVER,MA EK PROJECT No.050013272 DIVISION 6--Wood and Plastics SECTION 06100—Carpentry 06100-1-06100-3 SECTION 06620—Fiber Reinforced Plastic Components. 06620-1--06620-5 DIVISION 7-Thermal and Moisture Protection SECTION 07200—Insulation 07200-1-07200-3 SECTION 07205—Foamed In Place Insulation 07205-1-07205-3 SECTION 07240—Exterior Insulation Finish Systems 07240-1-07240-3 SECTION 07300—Shingles 07300-1-07300-2 SECTION 07410—Metal Siding Soffits and Trim 07410-147410-3 SECTION 07460—Non-Asbestos Fiber Cement Siding 07460-1-07460-3 SECTION 07500—Membrane Roofing Systems 07500-1-07500-5 SECTION 07510---Built-Up Membrane Roofing 07510-147510-5 SECTION 07530—Flexible Sheet Roofing 07530-1-07530-5 SECTION 07600—Flashing, Sheet Metal,Accessories and Specialties 07600-1-07600-4 SECTION 07610—Metal Standing-Seam Roofing 07610-1-07610-3 SECTION 07900—Joint Sealers 07900-1-07900-3 DIVISION 8—Doors and Windows SECTION 08100—Metal Doors and Frames 08100-1-08100-3 SECTION 08200—Wood Doors 08200-1-08200-3 SECTION 08300—Special Doors 08300-1-08300-4 SECTION 08450—Aluminum Storefronts and Automatic Entrances 08450-1-08450-6 SECTION 08470—Revolving Doors 08470-1-08470-3 SECTION 08700—Finish Hardware 08700-1-08700-4 SECTION 08800—Glass and Glazing 08800-1-08800-7 DIVISION 9—Finishes SECTION 09250--Gypsum Drywall 09250-1-09250-4 SECTION 09300--Ceramic Tile 09300-1-09300-2 SECTION 09510—Acoustic Ceilings 09510-1-09510-3 SECTION 09650—Resilient Flooring 09650-1-09650-4 SECTION 09680—Carpeting 09680-1-09680-1 SECTION 09910—Painting and Vinyl Walcoverings 09910-1-09910-6 SECTION 09985—Special Wall Surfaces 09985-1-09985-2 DIVISION 1"pecialties SECTION 10190—Toilet Partitions and Accessories 10190-1-10190-3 SECTION 10522—Fire Protection Specialties 10522-1-10522-2 DIVISION 12 Furnishings SECTION 12484—Floor Mats and Frames 12484-1-12484-2 DIVISION 15-41echanical SECTION 15050—Basic Mechanical Materials and Methods 15050-1-15050-4 CONTENTS 2 ` WALGREENS—A'ORTH ANDOVER,MA EK PROJECT N°.050013272 SECTION 1.5250—Mechanical Insulation 15250-1-15250-2 SECTION 15300—Fire Protection 15300-1-15300-4 SECTION 15400—Plumbing 15400-1-15400-4 SECTION 15500—Heating,Ventilation and Air Conditioning 15500-1-155004 SECTION 15650—Refrigeration 15650-1-1.5650-1 SECTION 15880—Air Distribution 15880-1-15880-4 SECTION 15950—Controls 15950-1-15950-5 SECTION 15990—Testing,Adjusting,Balancing and Commissioning 15990-1-15990-5 DMSION 16--Electrical SECTION 16050—Basic Electrical Materials and Methods 16050-1-160504 SECTION 16400-Service and Distribution 16400-1-16400-7 SECTION 16500—Lighting 16500-1-16500-2 SECTION 16600—Special Systems 16600-1-16600-3 SECTION 16720—Fire Alarm System 16720-1-16720-4 at u 0 0 J a a N 9 O _CC L O Z qO U y b a 4 AN N rf 3 t;u ad on c$ G� a+1 g CONTENTS f APPLICt:TIOt. ND CERTIFICATION FOR PAYMENT A-, .- OCUMENTG702 PAGE ONE OF PAGES s TO: RICE NORTH ANDOVER,LLC PROJECT: WALGREENS/PETCO APPLICATION NO: Distribution to: c/o MARK INVESTMENTS,INC. CORNER OF TURNPIKE ST.8. OWNER 54 JACONNET ST.,SUITE 203 WAVERLY ROADARCHITECT NEWTON,MA 02461 N.ANDOVER.MA PERIOD TO: CONTRACTOR FROM: D.F.PRAY,INC. VIA ARCHITECT: EDWARDS&KELCEY 25 ANTHONY STREET 280 SUMMER ST. 0 SEEKONK,MA 02771 BOSTON,MA PROJECT NOS: DFP#231 CONTRACT FOR: CONTRACT DATE: 4/10/2006 CONTRACTOR'S APPLICATION FOR PAYMENT The undersigned Contractor certifies that to the best of the Contractor's knowledge, Application is made for payment,as shown below,in connection with the Contract. information and belief the Work covered by this Application for Payment has been Continuation Sheet,AIA Document G703,is attached. completed in accordance with the Contract Documents,that all amounts have been paid by the Contractor for Work for which previous Certificates for Payment were issued and payments received from the Owner,and that current payment shown herein is now due. 1. ORIGINAL CONTRACT SUM $ 4,900,000.00 2. Net change by Change Orders $ 0.00 CONTRACTOR: D.F.PRAY,INC. 3. CONTRACT SUM TO DATE(Line I t 2) $ 4,900,000.00 4. TOTAL COMPLETED&STORED TO $ 0.00 DATE (Column G on 6703) By: Date: April 26,2006 5. RETAINAGE: a. 10 %of Completed Work $ 0.00 State of: MASSACHUSETTS County of: BRISTOL (Column D+E on G703) Subscribed and sworn to before me this day of 2006 b. %of Stored Material $ Notary Public: (Column F on G703) My Commission expires: Total Retainage(Lines 5a+5b or Total in Column 1 of G703) $ 0.00 ARCHITECT'S CERTIFICATE FOR PAYMENT 6. TOTAL EARNED LESS RETAINAGE $ 0.00 In accordance with the Contract Documents,based on on-site observations and the data (Line 4 Less Line 5 Total) comprising the application,the Architect certifies to the Owner that to the best of the 7. LESS PREVIOUS CERTIFICATES FOR Architect's knowledge,information and belief the Work has progressed as indicated, PAYMENT(Line 6 from prior Certificate) $ the quality of the Work is in accordance with the Contract Documents,and the Contractor 8. CURRENT PAYMENT DUI•: $ 0.00 is entitled to payment of the AMOUNT CERTIFIED. 9. BALANCE TO FINISH,INCLUDING RETAINAGE $ 4,900,000.00 (Line 3 less Line 6) AMOUNT CERTIFIED...........$ CHANGE ORDER SUMMARY ADDITIONS DEDUCTIONS (Attach explanation if amount certified dilfens f oin the amount applied.Initial all figu res on this Total changes approved Application and on the Continuation Sheet that are changed to conform wilh the amount certi/<e(L) in previous months by Owner 0.00 ARCHITECT: Total approved this Month By: Date: TOTALS 0.00 0.00 This Certificate is not negotiable. The AMOUNT CERTIFIED is payable only to the Contractor named herein. Issuance,payment and acceptance of payment are without NET CHANGES by Change Order 0.00 prejudice to any rights of the Owner or Contractor under this Contract. AIA DOCUMENT G702 APPLICATION AND CERTIFICATION FOR PAYMENT 1992 EDITION AIA ©1992 THE AMERICAN INSTITUTE OF ARCHITECTS.1735 NEW YORK AVE..N.W..WASHINGTON.DC 20006-5292 Users may obtain validation of this document by requesting a completed AIA Document D401 -Certification of Document's Authenticity from the Licensee. PP -2OF2 i CONTINUA i iON SHEET AIA DOCUMENT C703 AIA Document G702,APPLICATION AND CERTIFICATION FOR PAYMENT,containing APPLICATION NO: 0 Contractors signed certification is aaached. APPLICATION DATE: 0% In tabulations below,amounts are stated to the nearest dollar. PERIOD TO: 0% Use Column I on Contracts where variable retainage for line items may apply. ARCHITECT'S PROJECT NO: DFP#231 A B C D E F G H I PREVIOUSLY' r '� f<u�`- j tTOTAC:� WORK COMPLETED MATERIALS TOTAL. 1 SUBMITTED �� CURRENT � "'SUMITTED FROM PREVIOUS PRESENTLY C'OMI'LETED BALANCE RE'TAINAGG ITEM SCHEDULED y"LIEN r a R LIEN a 3``LIIN-"n '.' APPLICATION STORED AND STORGD % TO FINISH (IF VARIABLE NO. DESCRII'I[ON OF WORK VENDOR NAME VALUE -:WAIVERS ab WAIVERS '* j' WAIVERS°a (D+E) THIS PERIOD (NOT IN "TO DATE_ (G-CI (C-G) RATE) DOR E) (D+E+F) 1 DIVISION 1-GENERAL CONDITIONS D.F.PRAY 210.000 c,l ) - 'r f !-1'1tk' (} = 0. 0% 210,000. 0. F fix'". S,a )I P 2 PERMIT D.F.PRAY 32.000 e;� s,� �, �•��� ; s'��` e�i+iG'• 0. 0% 32.000.00 0.00 3 DIVISION 2-SITEWORK 1,690.000.00 ,dF tt- ;.:', t" d. t a�1 e':'r<� 0.0 0% 1.690.000. 0-00 4 DIVISION 3-CONCRETE 198.000 az! ?J,t I> t�&� 't s.fM} r �._ 0.0 0% 198,000. 0.00 5 DIVISION 4-MASONRY 320,01)0 '�i; r-�:;; 5 :v(` H ;r 0.0 0% 320.000. 0.00 6 DIVISION 5-STEEL 325.000 s Z R'<i'.r 0. 0% 325,000.0c 0.00 7 DIVISION 6-WOOD S PLASTICS 450.000 � y R �Q'. ..5 f L4- 0. 0°l 450.000.00 0.00 8 DIVISION 7-THERMAL S MOISTURE 210,000.0( 0.0c 07. 210,000. 0.0 9 DIVISION 8-DOOR S WINDOWS 148,000 `.; ;e i%, y,,- `' -i, "S t�fir;.,, 0. 0% 148,000.00 0.00 10 DIVISION 9-FINISHES 355,0000( 0.0 0% 355.000. 0-00 11 DIVISION 10-SPECIALTIES 37.000. '� 0. 0% 37,000. 0. u,r` 4 t. 'Js 12 DIVISION 1S-MECHANICAL 13 SPRINKLER 52.0000 0. 0% 52,000.00 0.0 f '• 14 HVAC 200.000 0 0.0 0% 200.000.00 0.0 IS PLUMBING 128,000.0C. t.': �° s 0. 0% 128.000. 0-00 16 DIVISION 16-ELECTRICAL 385.000 t,Y6'?`"p a sr 0.0c 07. 385.000. 0.00 17 DIVISION 17-FEE 160,000.00 '+ -r."+ , R�. yN " w,�,,,;,;,� 0.0 0% 160,000. 0.0 CHANGE ORDERS t x - BASE CONTRACT TOTAL 4,900.000OC ;:'0. :0. ;.a 0. D. 0.00 0.00 0.0 0% 4.900,000.00 0.0 CHANGE ORDER TOTAL O.00 O.00 jO.OC ;' r_ 0.0( 0.0 0.00 0.00 0.00 ttDIV/U! 0.00 0.00 TOTALS 4,900,000.0 0.00 0.00 14; ' 0.04 0.00 0.001 0.00 0.00 0% 4,900,000.00 0.00 4 Schedule C Clarifications, Exclusions & Qualifications Walgreens North Andover, MA 1. Testing Lab Service Fees by Owner, scheduling and coordination by Contractor. 2. Building Pert-nit by Contractor. 3. Demolition Permits by Contractor. 4. Utility Disconnects by Contractor. 5. Utility connection charges and fees and city fees excluded for services to new building. 6. Schedule, completion no later than 260 days from the date of commencement. The date of commencement shall be the later of(i) the date of issuance of the building permit (unless a demolition permit is issues separate from a building permit in which event the earlier issuance of the demolition permit shall be the applicable date), and (ii) the date full access to the property is delivered. See substantial completion and penalty clause for detail. 7. The project includes completion of the building to include the Petco Criteria List of Drawings attached hereto as part of Schedule A and the Petco specifications for the project. 8. Hazardous waste removal by Owner. 9. Builders Risk Insurance by Owner. 10. Unsuitable soils, rock, ledge and winter conditions are excluded. 11. Unit Prices for unsuitable material removal and imported structural fill will be forwarded by contractor prior to awarding sitework subcontract. 12. Contractor acknowledges receipt of the Order of Condition, Notice of Decision, and Mass Highway Permit attached hereto as Schedules F-1, F-2, and F-3 respectively. Contractor agrees to comply with such Order of Condition, Notice of Decision, and Mass Highway Permit as they relate to construction of the project. 13. The Walgreens Lease provides as follows: "Landlord shall notify Tenant (Attu.: Project Manager, Construction Dept.) prior to the commencement of construction. In addition, upon notice to Landlord, Tenant may, from A time to time, and at any time prior to acceptance of possession of the Leased Premises by Tenant, enter upon the Leased Premises for the purpose of inspecting any of the work required to be completed by Landlord hereunder. The foregoing notwithstanding,Tenant shall have the right to make the following inspections (the "Required Inspections"): (ii) Pre-Slab Inspection: The Pre-Slab Inspection shall occur (A) after Landlord has completed the digging of the foundation and all of underground plumbing rough required by the Plans or Criteria including all wastes, drains, drain tile and water and sewer work, if any required thereby and (B) prior to pouring the concrete slab and the completion of any soil compaction or backfill work. (ii) Rough Inspection: The Rough Inspection shall occur (A) after Landlord has completed all interior plumbing and electrical rough; and (B) prior to the installation of any insulation or drywall. (iii) Roof Inspections: The Roof Inspections shall occur (a) prior to the initial application of the roofing materials; and (b) prior to installation of the coping. Landlord shall send written notice to Tenant, Attn.: Project Manager, Construction Dept., with a copy to Tenant's field superintendent, at least seven (7) days and not more than fourteen (14) days prior to the date that the work is ready for inspection. Such notice shall set forth the date that all such work is to be completed (the "Anticipated Completion Date"). Tenant shall have the right to inspect the work on the Anticipated Completion Date or such other date as the parties hereto shall agree. In the event that Tenant shall fail to inspect the work on the Anticipated Completion Date (or on such other date as the parties hereto had otherwise agreed) and provided further that any extension of such date would result in a delay in the construction of the Leased Premises, then the right of Tenant to perform such Required Inspection hereunder shall be waived and Landlord shall have the right to continue construction of the Leased Premises as if such Required Inspection had been performed. Any waiver of a Required Inspection shall not be construed so as to waive (a) Tenant's right to any other Required Inspection hereunder, or (b) any of Landlord's obligations under this Lease (including but not limited to Landlord's obligation to correct defects or nonconforming aspects of the work). In the event that a Required Inspection reveals any defective work or work which is not in conformance with the Plans, then Landlord shall, at Landlord's sole cost and expense, and within ten (10) days following such Required Inspection correct all such work to the satisfaction of Tenant, and Landlord shall reimburse Tenant for any costs incurred by Tenant in connection with such Required Inspection, including, without limitation, the cost of any independent testing or inspection performed by or on behalf of Tenant and any re-inspection of the Leased Premises as a result thereof. Any entry upon the Leased Premises by Tenant or Tenant's failure to identify a defect in construction during any Required Inspection, shall not waive any of Landlord's obligations under this Lease (including but not limited to Landlord's obligation to correct defects or nonconforming aspects of the work). Each Required Inspection is for the sole benefit of Tenant and shall not be relied upon by any other party. Nothing herein contained shall be construed as a waiver of or limitation on any additional rights of Tenant hereunder." Contractor is aware and will comply with these inspection requirements and will notify the Walgreens Project Manager at Walgreen Eastern Co., Inc, Attention: Project Manager— Construction Department, 200 Wilmot Road, Deerfield, Illinois 60015 and the field superintendent at least seven (7) and not more than fourteen (14) days prior to the date the work is ready for inspection. Notices should be sent by certified mail or overnight delivery. A copy of the notices sent to the Project Manager and Field Superintendent will be sent to Owner or as Owner directs. In the event that a Required Inspection reveals any defective work or work which is not in conformance with the Plans, then Contractor shall, at Contractor's sole cost and expense, and within ten (10) days following such Required Inspection correct all such work to the satisfaction of Tenant and Owner, and Contractor shall reimburse Owner for any costs charged to Owner by Tenant in connection with such Required Inspection, including, without limitation, the cost of any independent testing or inspection performed by or on behalf of Tenant and any re-inspection of the Property as a result thereof. Any entry upon the Property by Tenant or Tenant's or Owner's failure to identify a defect in construction during any Required Inspection, shall not waive any of Contractor's obligations under this Contract (including but not limited to Contractor's obligation to correct defects or nonconforming aspects of the work). 14. Price also excludes bonds, utility charges and fees, monitoring testing, as-built survey and tie-in fees. t z 15. In the event of a conflict between (a) the Criteria Specifications for Self-Serve Walgreen Store prepared by Walgreen Co., revised July 2004 (fiscal 2005) and Criteria Plans including the drawings referenced on Schedule A-1 attached hereto and incorporated herein by reference, and (b) the plans and specifications attached hereto as Schedule A, the Walgreens Criteria Specifications and Criteria Plans shall control, unless prohibited by local codes. 16. In the event that there are Punchlist Items (hereinafter defined) as of the date of delivery of possession of the Property to Walgreens, Contractor shall.,promptly and properly complete the same. For purposes hereof "Punchlist Items" shall be defined as those incomplete items which, in Walgreens or Owner's reasonable determination do not materially interfere with Walgreens's ability to fixture and merchandise the Property or open or occupy the same for Walgreen's business in accordance with Walgreen's customary business practices. None of the items listed on Schedule"D" shall be considered punchlist items and all of the same must be satisfactorily completed prior to the date of delivery of possession of the Property to Walgreens. Contractor shall complete the Punchlist Items within thirty (30) days after receipt of Walgreen's punchlist or within fifteen (15) days after any reinspection by Walgreens after the issuance of Walgreens initial punchlist. Contractor acknowledges that Owner is obligated to reimburse Walgreens in the event that a Walgreens reinspection reveals that Contractor has failed to complete the items on Walgreens initial punchlist to Walgreens's reasonable �- satisfaction for any costs incurred by Walgreens in connection with such reinspection, including, without limitation, the cost of any independent testing or inspection performed by or on behalf of Walgreens and any reinspection as a result thereof and that Contractor shall be responsible for such costs to the extent the same result from Contractor's failure to timely and fully complete any portion of the Walgreens punchlist which is Contractor's obligation to complete pursuant to the terms and conditions of this Contract. 17. The Walgreens Lease further provides as follows: Contractor hereby certifies to Owner and to Walgreens that: (i) Contractor is in full compliance with the immigration laws of the United States relating to Contractor's employees assigned by Contractor to perform services pursuant to this Contract; (ii) all of Contractor's employees are authorized by law to work in the United States and Contractor's employees have presented documentation to Contractor that establishes both identity and work authorization in accordance with applicable immigration regulations (and to the best of Contractor's knowledge, information and belief, the documentation presented to Contractor is genuine and accurate); and (iii) Contractor complies with all federal, state and local labor and employment laws, and wage and hour laws, as these laws may relate to Contractor's employees performing services pursuant to this Contract (collectively the laws referenced in this paragraph shall be referred to as the "Immigration and Employment Laws"). After the date hereof, Contractor shall fully comply with all Immigration and Employment Laws in connection with Contractor's performance of services for Owner hereunder. As of the date of completion of Contractor's work, Contractor shall be deemed to have certified to Owner and Walgreens that`Contractor has complied with the Immigration and Employment Laws during the period of time from the date of this Contract through and including the course of performance of such work. In addition, Contractor shall require, in all contracts with all subcontractors, that each such subcontractor: (x) make the certifications set forth in this paragraph to both Owner and Contractor as of the date of execution of such contract; (y) make the covenants contained herein pertaining to compliance with the Immigration and Employment Laws during the course of performance of such contractor or subcontractor's work; and (z) reaffirm, as of the date of completion of all work to be performed by such subcontractor, that such subcontractor has complied with the Immigration and Employment Laws during the course of the performance of such subcontractor's work. 18. In addition to and not in limitation of any requirements required pursuant to the terms of this Contract or by law, (a) the requirement of Contractor to produce lien waivers for itself and for subcontractors shall include completion of an accurately completed and valid "Partial Waiver and Subordination of Lien" " ("Partial Waiver") in the form prescribed by MGL chapter 254, Section 32 (a sample of which is attached hereto as Schedule G), executed by all contractors and subcontractors who have filed notices of contract pursuant to MGL Chapter 254, Section 2; all Partial Waivers must be received not later than five (5) days after the end of the payment period covered by the most recent Application for Payment; (b) Contractor shall provide Owner a Notice of Substantial Completion" in the form prescribed in MGL chapter 254, section 2A from any contractor or subcontractor who has filed or recorded, a notice of contract pursuant to MGL chapter 254, section 2 and Contractor shall serve written notice of the filing or recording in the manner and to the persons required by said statute; and (c) immediately upon the termination of any contract with any contractor or subcontractor who has filed or recorded, a notice of contract pursuant to MGL chapter 254, section 2, Contractor shall obtain and file or record with the Essex County (Northern District) Registry of Deeds/Registry District of the Land Court a "Notice of Termination" in the form prescribed in MGL chapter 254, section 213, and shall has served written notice of the filing or recording in the manner and to the persons required by said statute, and has provided Lender with evidence of compliance with the foregoing provision. ;a Schedule°I WALGREEtnS NEW S'C'ORE REQUIRBAENj S The fo11 iacann lgMiM b�r agdred by.ftlgmms for all tumkey, neer si om Hems must be rornplSted LdM before the.proposed dales cP - delimry c possession to Walgre ms. It Is hoped that cc=pllanca witth'this' rheddst will assist both the Owne;and Vklgreens in the amcient fbtiringj . memhantsmg and opening of this new Whi9mm store.. 1. Aid perman9M utt�rt"ies to be complete,uviii�.Maiere insta 1pd. Any util y deposits am'the responsibility of ths developer. 2. '.' ;iii cmnsfruaurari debris t be removed. t=hats shnuid be broom deer,, The rmof is to be clean and fte of lesks •• , 4. AA doors bre to.be hung with app7lata hardwera Instaile — --- - - 'he'automatic salt cq doors must be InsWed and operational. `Glia ' sinrerrantmust be comply and the buliding saue -. ' . All e4nda4•caner=a fioarsmust be sealed. All'flaor tle mus►be . cample%, 1J4laU bbsa may be instatied a©rpassesslon, . 7 An.rafting work must be campie£ed. B: 'AH peinting and vinyl wall covering mLmt f s completed, g• Re,�rns must be complete. jWaterh° r enerraad,•partidons •installed, eta,} 1 n. F. protection system tube operathnaL'This Includes any and all refiotA systems or system manitOdng that may be required by local , autlwriiy. The HVAC systems must be operaion�l. This Includes any and remmfie. ms# m8S.1?e required... . . __. ._ . . .. . . .._..�. _.... _- - .. 12. Refrigeration mrrbs,and pips chases forwe -fn coolers must be IS. Aa lighting must be hstalled with the enceptlorj of the single strip lights locaied on T-6"'soots. A Walgreen representative will advise 1 , 14. c e 1l'iie m�s�and ac ted line vol�9e whtV niusl 1 The develr�per ale�ttical Cmntr will Instau L-W voltage wiring, . N-MBRPr .relettng to pemamrit aIectocai p=mr'mLsf•b� This includes all .c�rnpi�, . Pa's'dstdbudon panels whirl i gust j e wired and ' • properly labeled, alt Vides rpt carmeei d to Walgreen suppried f devicas'and the proper grounding of all panBIF . . .. ' I.AN cable, M.=Ry Odle, 68ayr* r cable and 50 pair telephorie cable must'be kmtalled '' . Si c:Ttxjits ' Int be.pIlled..ai TS3gy.Tar•the sign in ' st�lter: i he 13ut7d'mg ' ' ' •• ' ' - . Tarlac, street c�rnpI ... . . and parking area must be iy-iclucling parking lot sigriage and•sung• Any lands caft • rid far cerate of aax cyr yrn 6e.complete, . • N -- - 'i.e. This 1 eft mcisi ba complss and riedy for alone, sign•bgd&gaid under ria . ` . pY aa�s panels. It Is ec ted that gccd rel-tons have been rnakr;airied wit the local. WHIM Fire and ot1•�er' . All ehould-bs R acquire a cartmcate of ami moa_to ��ire ossession. P h unable, ease rm the WaI c green regr�ive as to C b .. the s�.t�of$7., C • a stin��e ui ` 29. ' rider 'of bels must be provided tolNalgr a fs Law tea Partrtent,. ,t'i a ce�' �• rrmcafa c cccUpari is r cY' �uhd to bdnQ ,. In marahand . be narr�ted.as soon as noses I algr ns must . . ble, Pleas,co _ . nsult w�h health msaedors early in the jab as to this po�,.sbi ythe local huild'ma-nre and Tia dev&lapees electrical cdntrac#ar w�l work"Hand In Glave, with Walgreen . c onstrucUon personnel. He wig provide surnclent electricians and materisl v pcn �i af Walgreen suppried nen;so That 1Naigrearfa normal Ff�ra; . �' m OPe schadt�s the Walgreen repmse st_ ess�aEma ed, pr�parcoardinatiortigh ' 7s.rL'r.+.sL , � `islr�-1'���+�L ��"��+F1P(5i�'#V 43.E T1'iRC�1l�t•3.1� Ji'�,L,���.e�i1 L'��.�.' ' f��`�glid..a'-sures pi � • i C'r't�Il.Sl'1't�t_J]t�lY f2EDUTR£�S+tl��9 . . . '' • ' ' • . ' The Dnc:Ib=and 6=4 Camp=shall call-Wale=dgn cu&maor b k=3 saga'sig(s)as am m the sk la aceupi=L Mn SIP(s)Shall b-.vm`blc at an flm.= ld'-Amm aII stems a4amg . • , tc'ths 611C.7'AC sigsn(S)shall}�usstalied a!�$�ettt5m gtmmd, 6rcvtde file lale=ssaiaA ds:aaruttent with$te ttatttr,p aad snmigrx.a Cae;a1 Catu6ctar and the 6C supairit °s MUM,ph=M and f.t~name„•� • , Psmvldn tho pl mamal balb*g sddrre,in Walgt =is sacs e5 h Is=ivcA— F,�;ue��iy cnaStru>zioa updas_to 947-914-300 the to 6ed iar.n.- 6 set mMg=ze Critesa Dr.-wlm P-$geaitcatioas'ar.mid d an liar jobs . Cali the ~d=.tis ' • • . ..� . . tip , • ; vrnr_I stags use to be arcarrai sritu gaivaz h=&=I dcvmb Ramwe all temparsy paarei aid teleph=Pmtw and pew. ' • ' A==t4 i'oaadadoas are Brat shcwiag wisest the h0il tg'b tamttictt TAC Brice usa$Ind the pavem:at,e�,a or*IrAaik• ig ramps sas11 have a a mntnu�itzpe erf'1:1Z ;Fir a typ'a�6'•�a Buda a'adCWWk Wa R ' SiD�CL iti. ' �15$jr,the Lamm wM ne0 lobar lns�'&side flames shall bm 9 ` ZIP=t7i�:��r. , • , L 1�SS87 '3 h=dd1C40 mmp 1awiph mn the CSL ft sac.ppirg=6 ha-7--1 m • , �sF2l�lomausi ••r �• ~- .. i- 1�l•11,:a cmicrclC shelb:,p•T of-ram iz1eJ�c,-: - •,•• t:'.7�'7dCsi��SifB�i3avC tdCtl�COnG[7�]011itS.'�Fd Cni�oiRfS{S1L]aQt.1�06TL:�. " -1C1d acwm ,}omtor Ctitbeck a PuWCgjOhm Wdll=I =W-kWm*caulk 4. XFpb t:=7 damaC7t7:dd--wz].s kv=if the damage bzf==asu c= , =-.�m�:ail the tms�ed eaua ems. .. ,• � ', ~• , �.�e�eAt saipiagshall be thi•'�'-euemsgh as the pas�enf czmsat b,sem imaslgst,lf.,i�p���'�B ' , . rs�all lis 34-and emget - . i Tae driv.•tltra�saa simlf ix ni h�i;�'wig t�to csra�. `. R. laasll an The bumurds€ad deliae fum gdsts sbawn aa,the wive-inv draa11,pliEs,Tm;=v%a tattier iialiarss s:mcaid ' protest the crztaas of floe eaanpy fraa'aazb�is'z=. - , . P. SW all dw waa pmaenai m(pipe-,sandal!=,e�.). . 0. Instal the haudfcsp Fig slgm d'mcct1y in the buTWmg Macre uIDweXity it ellessaaati the sip ptsffi„ , :. If the iszhdicap s>gm mus;be hutailml ntt prsszit]tey sh2H U set in is bartasd w t a tstiaircum QT r m ft ' ban=artitc S%L• 2. "rml the?•lsfumi Ma=lt s mrmat paeka i which includes a tc=--=d pull bmdlk in tho-ftmffi bar of I =try dacr,'a mn=led LCN curt,an kO4TE-V dotal,a"DQ NO J EW decal,end a kayed eslcy 5vr6h . on the ceterinr alike=k dans•jatab,st d°A.F.F. ' .. Ianal h-Waled gl=its the buMmse d wn,dec.sad storei'tm►t.Tim ouiy!-IM 312i ailawe�1srm the d=tem,' 1zsS�Z"laatls�i• 4:. 'iff a'mtlbssle is-tnsmiled;sae imulatrii Ilam only n-ihe bulkhead WWCW F-avid-Veit-in 4csbair. S. Toe stat elan!Ttamieg Shall lP gaslu=tesl or mil t t Sa to W fpr are prtmad: ' S. 6nik around the Wm iter and=mdmr of 171e drive-dn vWw,,, , i. `The snnAcmpt Shap be kmailed aver the dr1wall and mesemyymi at the sites,tau slab•ga3 sidegrail`ja_ie1<ai rite banam and!heal!!* U and drygit jaini pt.the ice, , Ira seauity&M or taatm abancrb instaIlmd at the eattana,provide a pat•,rer cut eattt:rpst7 ova t3tYi:". �'s�F7e pXlon ba s maaaal 7tadcrrbaaid,�asmll eor7eret=p¢ve�•an tmm _ ]iii the sigm iasmilerto polar 1 c p' cu pals ii chopped artd f==4h4 p5 ica bas Thu pyl=readmbe=3 ;nr7trnl�d$ii lx btsalleeii as the antside of sbe sopgon poles aru be.•ti�i 9hz pates � ' 7crvide aces for tF iaata[Latimt acrd=hu=,Qea oflValp=ft f�ps b=hmrmg cralla. ' -W211 wait AM vitt lAnWc alai apc=�w hold pll sig=r el=of Wali ss *r-- ; =H Sad na sc d.'ill:8Gd 917811110 YizelcG not dmum& q .Z=ll the irz"u whb a ac.atc waw motet.Imadl rile irsigatiaa ccs lmis is the WICI ag. 6" srd;lath b rcl7ii7sd is all arrasv73iisrg t�ncd se'8'�miar matrs�° Do not fiutall W--u in>17e ltbsp'77*,• : . r• Install lain shj:lds avarthe c••tcrior servis~and rsefv7ng at>az., + p,==goad a mann:st the tlmbold of the•rewivba dna7'.'Alo>_ ddal 1�steil me sia fi�aexardtng to t)it:�fa}�ere-�:sgQno+rd Flaat�sic cmwu 117i Irp den Bahl pole b aad I;alltrl cls.S the l�sss ata pat crtrracd,groat fia,�'.pale l scs to allae'canceasatian in the paha to Toach up'uq paha=attdtes cm the l-poles. • , ,' ' ,�7r gusto_da>iraspaa�,tta_hit>v and coping shad br;7tsf'ustshed,its nela pats>t�. ' •. -- lastatz y"zh����(ifl dvwasisot:tsy batt�I to tom. - . . Pride a Cican t7 gddzbl rnvecn the dcwnspcl=mil sic==war j=aws V6 a urta=21crh-p ,�,�ur.the hss>;es ast the sarvic chats shad ha'�e.t7aa-t»asaci:pias and sc:rr'�tJ ssud" • a ' The=v67k1erhssd md-Umdm wntrol vah=boxes sball be sa&=;a tlr.7vM not d=mr4byUm ' anawcs. . timi==d pow=Hr�s&11 tact be Umlkd.M=iml sem to the lmita"mg tdmll be iu=1iat�•Al C36=�t:r lines*4br:tai� sit—. . em - . • • 'I " All pawcr it=smI[1~u list Ids site Wim;pals. •: - _ r't=ovr my d=p C%=from t17e stairiu=steel za57mq=u Lht i caps,i grEzaiZ.sm8-9 • . iie31L} zremd she rslraaa.7lr cvh7mn wrap=saai!out baso a Tiar'rsveslSoiz~+. . I36 nal ias:sit sac I33IA,i:ssspp�di-=asc•aaj>scci to s}76 Fitt ii�tass� ;• •. —", �At~artmscrsnaIIlX mnjasra'6iewit37 oo�'bia�e a�sngct:.¢rSa:$lair,3 ' . ;q' ..x�rrmntliseHYA�shcmastat scasaa3 psi tim,tser ssssaz;ei'tbe m3zamzssa thY asa•pet;viaics7e.€szem Tae uacst�' mute>w lcrw wltage w1rp ked; salrs arc colms7m Dc Loi km4u= s—d ean?naL, . 'itisstaIl a tlieatas:ai scasor far tl7c esrr.�c heatm'b�mala wa mar.,... ,• . L �.�!s U galv=imd ah=tacla133'1r.Atr ft='jtft. W..fail S=md a�;tetlsal ii7snlat`sar.l]eacyl aistall 1t7s al Imulatioa.ar dw*bo;A I=b7te tate L-act of tb:di5mcm .. L l�aiat the t:.sata air taus black'shh:b are' kwt f=the salts deco. � • , . 9. Isssrall"taro No.II €e wire ba:t;:rs att�lred ai diagss7>al corners''nm each 1W r rura in aIIac 6ffc tl •,' s:etTit7gs per the CaiUq' g,dad Isuesior Systeats r•,�,�*,*�,:^tt Aaadatjoa�CI�CA)mstal}ntioa gilds as it<isuc� �; ' tin the Aeites cd Ceft Matt,nate Ir- P- pap rivi Ya•ad==pond Geld mmn=ior=ht tlaa=Tmg grid sbafl be used a*vthq nom;. 1. Rs:plac:arty dama�sd�7'Ltt7' g tt'Ls'.Lave�jaundl�s t7!'rating illes in 47e she, • • . 11;parabolic It=or.9dstallad in the photo=Mm-lmmll thea milde 3.•Ifistall drfmU cwnl jdets a n=lmum sem'an ca71ei oa a,11 wads"mchuit*10 di-own Llq t+rd.In the 6aI , t7r m,the taz-al jaim shall ga lhraugh the cdinar brad and tmdcr the mUrL Nom the pcmit'=* cf tb:wal&=b . to awflTv.-Id ;tit U dcidL Cot ita a,canir ala'mi of each c7d pf the batkum-smAr- tf fim mrerz;fitl t54 4. Install cn=-btac'mg b aQ calms ares Saha_ineiadmg the tines wiih 14$light:. . S. Aesetrt$7n titpmll i5 flat prii frac; L Assam a dcan,stmWd tint Momat iL-cdge scrdm= ir. �Hj�= aeP6 • w o,' 2rrsTaR tha `"ter. - •---- - - - - . faartIIe bl an ahcrasting patteat:. Install rcdnccr swipe at all now vinyl It,rap=m thrsaboids(mod ocia doors Du geacrab=1=W64 , G. 'Ihe wood dD=dm l•be side, AD mesal nacos shat bm wdd4 1, 3=60 prm=tioa pin=i tlt'-Wup a fora cdg s' L ]stsmil"Jr m.Fnc •' . I:z- cd palys;]rtesse and I'u+r4mma batt tnsnlatintt me 6a�rairiE. atfde l i►nlj'st]freaa�sr�d 4• t fawned is-plata bsulatlan ties hut bbl_- . 4. Jimi f ih:15;wiA ea die atliiu's R i mg=,a sides tcr�6sihertrat btm tngstha, , I�Iiisbaiz:b �'� sFsrRiPaoua•.zb�iistlntts�, 3 ' 5. lnssall the spe Iia i . meta at ti:e photfl swab,. as. 'I"hc waste • ' PiPicg ft tu Aft soil;shall b;FM • 7, 3tnrscorms the t fbah the Ilght switeis m p}aata,lf7.r7 Y.Tihsitts t to gs�tstc3 spit prate:im hmn the c:jatrst im-m=Ahe i,hr.pbam . gaswith phaa IZ_itt taruiL If.277Y.liaatim praeitb bQ L'tiY,cu:stii�tst3t s' m. ' ,. th o- �r3�i�l bP 'hr °-mh the`'n°i=aid*==-wa1L.76's In s�',�sg iuss;ee the coactr� 4. C=fm n the.-'•rte a 7arm&-=ur isaum hero we , 1.IMMH dm twain Tice heasa•on the walk-in�rnd�the mb b mcctinn`v hB ahW .t 2,• "4V�co all desimm m the Wa coal-to arse time a tc than per thn Zt1.7'�irus� . 1� . p�vides'aricth tbs emsi, • ... ' _�. _ ..._.,'_ . . b o]t taca an 4. 3s=the batten oElmctarmdc mix m tlseVa.i. - S `she CAW===in the pimrmiry ftaa have a sit itrbadlrsase.: _ • •••--- -.• E~ C t a wound who Dicacld pncumta wire flr Bavh Trsti dee r3Tei�, R. 3s�H i4"c-prsc bsbiadt6e dryw$n at the jerale oi' dee s lot voltam ci=tr—window 1r bights the LRS[=-,,il7d6*j��km-- for IDf t1iG t'uy'L I:. +`tett 1hC th �}utt t'�trals,xasd`Ui^itt wc�rn•St� CT---Tttn 5 r SILT tot Ti6 •,' the ?'lmse. tlx s: rm Ibe Tvall�bmra 41st:tiri•,tathra 2iadmr tYb� rp IzrszaII tla wail ririyt oa•t>>;y=rtiral 5=-R'revea1 in Ilse w2iiitr�_ teat m tla rl. 7rrs�llbaadic�ptni . :?. l:tstatl banaump simmse ftu3ua"wg I=M-- d= •' • •, z ... ]tsttlat~circ b548tp7 drain md soppiy Ib s parmA rmqni�xn,iae o*a the�Pl ;. b=H tis s: We a ste�l hmh?==ptacl.iruh: esti n xam, . j. Ghee the FrBP==*10 the d7wi L a. lr>sall the etaatrti:iase with Cc tT,o1'fim b-- Da tictlstst3lithe=mmis:Ego - 7. Carslk the joint i>;ti>;top wad�raptam ar th.--testi. . I lastcli•3 t+imf►-sin EC&P ma' in r1agal„ � ,• , B. instep a IV*arid aadvmd 6W W Lh a 3 cIdc4 m=i enc ort the sI sack d-.=L Fes`o ' D � mai ZastaD lL'.]fistth"C'k hotmid did • •t J C4 Clado not 'C°r'dersatr rosins cod tcei;sarin seat With Artafle;i¢zsoiatiaa ct . 1l.�it tlst;mate.-StmFsip Gtss sitaif be capper and fust Ilcd t i;=tlm shi. - �'-;---n pipe , lt. bamru iI as sht l=bi 'nabs. An cid aa� ksra i'? dsY°'reII �'Fe ]P nep•psjmsss sue regst"aed:lasmli them In she walls. ' ,!sere that the flame draiizs snsaslly handle avcrfluw alms tis:rr��raaia matin... be l=a!{d==and flour drains m 6 gash•with atfr.candluc lk6& .. Sime seater prt ��6D]'A lnsmil a pr=ftL—tr Ming Wh%as am=in dmtiesiir=V6 sed sed� .10 PM , .]szstall hoed rail tM rrasr,=pm itk= ' KnMPQ .5ae1 aif'tttac t;atnacse ilarr.ladur s the svaik-la camas nrmrm id lim r3=V cal ra=ta,D= ' .?acre the l aeati+m ail Bite mtit hrste�iA tin:stcc�6am.lnSraIl 7irc hsale�st,them is a�nytstte deasantw hoc vim, ''• �'. aiselviag and mqdmmfir- .N=tr=ail&buBTug spunkier 3'u=mttsi bt:bigh=agh w tbep do nal=21W vii-the 4aer.it dts~sim •' is�stts�Oa>,.i 1���• � ' . f • ' ' :,]nstaIl tiie�iyus�door tttanstal tliain Da the anlsasite vide tri the t=a=il-m-�raayryerC�'t,etue?�; • ' • l.]nstell:via brace-dnty slidzbah=ars ihz seiku tt:s-;=&dear,whu lady ettgage gr side:ate, ' .lrtsssill ir�srin thn 5t '=o�;raom.�•' . ' ,. �- '. •� • S.lstssan P=Fbvi,dear.rpj=M t}Qeshdl3;, and==Uily aftbe se-�r'st~dem S.Dn>yct iassalt site HVAC canuaL,cm-;rReacY liE1>s<,�p�kc �iraD switciz�In as=rs'�+ha��e Nail a�.sn the hrigsuam=y==eah thsattgit ea eatir t-yG3e'aitd eke�•tlse easresagt andamziitr;s to fee�sshc•». , Rosi a aaesusy 3n the krLpAcm canis]!_•tlstg the=eves sand tames if-c=anna,• F-FICS .. . . : n.2�acate the Balm Area Debt swisdsaa tm*c wA'si the b4sa side art=cE--d= •', . �_ _. 4�ee tl,maa4sfs hs the Maaagcx5�az±asr to l>s;'e nen-�t1g� • . �1 lan-A T type B vAC simply tsiil•ia the nTg-- 1...��� �3a'stall7lse'4as�ams fa•3heaasisi. .' :-.3.�irelthermosz�5nt•their3ecatioai(is.54dscdvaai.aalrs'hie]eo`mg�airotaaadons���atjd�.r`�••S,R."V-It�' •` ��Rt3t3tb3' .. U=M.=mpkty=ram shag U"M a rwhclied GM auplc rcatade vldh ll Filed IOU a8ave OM baa.. S.�.ac rmplay�,tu�ai door i�na'>r tiha2l hive s�c�pi». •'�, 36l&aall a TA==R=type 13Y.Ac sang Froin fu e:apky7m renin... . •. . . : . SEC IZlt-AL, 27.Mbull iheNadaael fres cw9 li_abtb3& , Frith.jo lauliss msd sl=troruci>o� . • v.jT 3E 116-Na6ur4 Atemwl fir. 39.Failaa•the 54-set=drawings f'ar lir:mshsi r rssd eoatpttter - 30.7o NOTTRtlUC-H THE LP-ER-PANM-I!I : .. 3 l.'rac LP-tat e=iu lm�w have spi=t~, '. 32.;'i3t:l►dain Dgtr�ulinn Panel inum bs i=type jaat dram breakers and}av;3 tiger.discotm='(1)l W ate and Cla7MUMPL •33.71he ck=i=l panels mist hrr-tali in b=k=with list-andt =p=,hm=. 34.A=r..Ilse remkfi trard Da thz Pyles sus h tint u� to the sis►•pas . 35:1tistaIl a tirnrciock am the sign panel wb a•phdt=rll anti m m al cic tide sV t 6 Tcr'ft patio_.. . 36,lnstaI[engraved pir�r icxls att,aD thgelxts'Ical pxttes ' • . . , 37.Beal the mndati 3i the telt:pbace mbk i mraect— - 32.Qaiy install tush tre__ist r-yibtnpm=3,easeful:rquip.mcul,telepbflties and Bel=Cd pill 6mtter c is In tl�,• , l.l°-Cit •� ,. �I,tR,-•tb�d Etz�9 i oC6 - , awn lock-an tmrd�rasr�att anag�ary 1i�i+cs,re�iaaas�a:l��1 aims;t��if-��� . i!G�iR It1 I��t.p8n�r. •' " t ' h,rvjde 3a scmwaw,tj'ped scbeduie for cads aftmkitl'�. t l} the cundsrits�Il be a minimum Mei".Na K'F�je eiiowed. 13X bdC zad Rsraz~ ere net aIlosMr.3 :3ete alt the spar~eondu tri the Qandata race:. ; IL Wblvk mad Seat paiie>;'isr earn tdr•:at •' fne LF'-CR a�rarits tato have a separaa>:last,tieuttal sad'srolatt3 ' iii z to differ--A wpm raUM story(MaiA s kooss�Phsta �•° su > �• . =mbb=d is irg cwdA Dc trot czmbine clean agd&* '• - g'pYC mnau L is reed In the shah,them mast be a boudW a'om'd for ev it=de- -r=}saiausi�'raund wiry AcH b:Y=w�h-a yellow trate '29t dte cads ens the:'vn"re i3 a , JASMt stat tltc nk�l ser;.has a redundant vow ol dmvE , serY.,� rtss d gtaua of the aaod$mad be Stamp: , .Canned the;walk-fir cosh �� %,i =okz.bsl_r: itsminated sib 3lsonar Tipb .i c=l3ete dm t oox3a}%orbic(RC, MJ)•eriih a ENC c=Ma:Vv mid fir'b&pair's. sfith a dS a_iiecie Y�the i4Y tatuer2s at both erid=and label*%&Z lc=d6r. . m thapanr3s;..AU.Pgcls,staali im d?cativii hrsak-::iastalle3. btea7sers shalt , I.Dce tint'6sstalt spar srurssb--aed. .AA dr:atsconnz.�5ta 1• klasisti disaanneds at All the roditap unix 1nelucurg the teoie r acrd frze:•"' TM ' be wcaeherprcef'�3ntrsi6eknM=Y=Lbwgsatnst tits door Rraat'b�ua:"tau"posithm. as�onnocs seal}nut cnvex avctlte.urajewo IF.- e ead asrile�('rltrbiul>:P�s aaad . alt>u-_-A=vw �.lf the -is 2TJl�8C�!,the If€kted��C,i''-t►Y}in, P}luts WE aej to Tx'nr�to a Uv e'sauL . i5..h�alle eur>ursatial g�doarru0` zit the,ri�riageiszrk � .. .. • � • ' - is. %hM$ban be of mq ohonciium ' i7�srsta�tl>:vmaomm%hm i=s cismie to tb:.has joUts as paaswk. as t5e:twat'a}mll bs Gr't1,t >"s astd"`tab}t}gbI�rbils iat ,• - 58�tbewrIrs _ lWobeD=fly,ffiid=w 3st sel'o;onkI Cin sum `:."• . . "' • �'••]e�•tr'..>757C7I YCICC brti�C59II�iC, `91�f 7• C3 5h3}l bLPM2>14SqM=Colygn�GS a'36 I1 SIIbC cmly{t e�"� �, •Sn r==p�1�?�a�^(itca=e1oa�•nayc2 rcvoltnSnas�af e3sctriat ts�e tnm BII tssmisrJs to rzrveat:ac:3dcata€• hoz or vv tr:t S= -tmatazt•rritin'iae�od� .. °. 53:�41t:tYAC:�t+d�Isg�aHtx i$7�akfidnesi vrat: •• , ROOF 65;_antik•as4 band all EMMM7tintl Pte• .; . }fi6:lnstell a frustproarh se biib es tie r.%& • ' 167.Pabx aIl to =iaiur gas lines and insO runha gimmes wets tfie PS'Bm eate,•s'flM lWAC tri L . }6a.IrrsmIt the aatrual g hues inside the building mAH res eft the HVAC units. }t5'JAe nal p=tn'At th=HYAC curbs W%tlt;,gos cr cond=MM Tutt. I70.1rastall.me HVAC jes Tines inside the arslas and thrngh Ibe p1thztaULd sl-wen bit thii tasias,'Tiie gas Groes • • , h 1h; ht Lite curbs thti�agh the boat�w rails nC thr AYAC Mlh&Insult shm U" V=and ihm eat'• . IL-ua3is,'ib juges sbag=1 Get=with rte mmm*al of any a>� � P w%3.7 i.P i sorid unand conduit end piping full height of reingefatt>nt etu as Gsarg}s=s i�tt' ntswat�a, , E i'�.Ittsmll�" 'Minn id tie rdkipmisirpitriag+vltit e3dbz�i ee.©o.nnl us:dati tepr In sGstre xtt i ti ! - ' • icrsuktia�e.�W?i�tr�s';mfrige5ati'att�d�• '. , 1 3.kstm tin h'VAC tmlts k_v_e!as ti>w rtmf. . r36sivs shalt have Lorain users and an the tem add brand ducts Shelf tag:foram,vett"...,' •. • .'•' , I7�l.All fire I3Y�C sat:t i; . . - apiiners sad stjusnibl:damp. 3753restaillhe HVAC icadenswe dWum wish tlr•C�rd•d:Yrz� t.sll Tram T,_-2hasalsgie Inc.at •^wE3: fmr*wgC=tom• , ' ' , • e$n L•addrs'�P 5�' •.ie 1ad�• __ t3tic>a�%vesi{Satceg m the Carib. '•. ~' mu wilik pads mt i3m toot arssard a�rapEma zclammCML =an roof vents Im regmlae3, .. .. srt t'tie sooChatrFe,3addc aaa saidiite�, � •• ,, . imus lnsraUcd an roof*&ix �rrit indiva n t c dc=i=l=ant,. nar:saa= lic-Aim pipe�isulmidq tie wran5, , srBtg s�sl h�a'r"pmea toward tom, � -1 . . 1 • 11314��II have drywall an ori�.siae sa the roei dm.'z'c�ai the phaa�•_�,wail ana the r I tit$t�vnng gall to the ."i�-ins mr[idar draII havz dryrralZ batiz Sidra ten the iZ a�3aall�te�s�e•catz~. • t• st&Isuabra'd=SII >s d door nqx tl�ou�aaL s�a�.11.•a��s��g�����e,,jys�,��uaf■••��L{b�ea��c =bhud Irnci�v�d'imS a�ttl;�� heaa,- .•jsc�me�ae��{�,�ym�ess,a•�1=3 xrmm'r��}`, •�•�t � �'j ��LYYi.IviG i'ttdtit ii W�lrt+r.VF1T,,• .i•M1/�Yi•-rr^W.+.�I.iIY•..h�. •��WIWYi�J�ilW�+i rt/t.a.m jfi ' • ~ ` r C '•placzeneIIt aad cisi ervr r rc?5 aatl� ietlam ,=ls mm avr�al�szn sue aad rr fs aid FL-le, iinisaumm eat i�idt�spa. I . - . . • t�iss almrm agnipmaot or mo��req�mmt 3s she re�anaCaiSfty'ai t�bndlra3 sad 81Se lams ' - I . n w=cr.Mm agznpmaat din>a:=tmntncd by s=may Li*.Tw gni s O pxnr'edo'tlie u4hce6.-rum . `u*==dad SorWdcr hm V oball ae in 1 rnaII dial I�ou ull g�phmg st e�ctp sd'rci .•_ - _ ,• � Mr '•• , Pscride a pc-r�mat E h3sam ci 0=;* acy,or um=A •' `ra+rii a� :vb�nnaksa�with a contact 'a3arz�aa$w3tFb=.aoe= r F:crvine n�:7Y�t�I3Yr1E Test amn s3alaa��� • ' _ •' _ 3�o not tss4d ist�cgoi?*acg°pe�c�urrmaZS, � - . 1 ' w " VC`Q SchedWe Notice to Proceed (to be attached upon issuance) Schedule F-1 Massachusetts Department of Environmental Protection DEP File Number. Bureau of Resource Protection-Wetlands WPA Form 5 - Order of Conditions 242-1333 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 A. Genera) Information mportanG From. North Andover Vhen filling 1.Conservation Commission :utforms on )e computer, z This issuance is for(check one): © Order of Conditions ❑ Amended Order of CondlUons ase only the 3b key to 3.To: Applicant: nove your :ursor-do not Mark Investment,Inc. ise the return a.First Name b.Last Name c.Company ;ey. 54 Jaconnet Street d.Mailing Address . Newton MA. 02461 e.Citylrown f.state g.Zip Code 4.Property Owner(if dlfferentfmm applicant): See Attached List a.First Name b.Last Name c.Company d.Mailing Address e.Cityrrown f.State g.Zip Cods 5. Pmject Location: Salemrrumplke(Wayerly Road North Andover a.Street Address b.Cityrrown Map 27 Lots 16 through 26 c.Assessors MaplPlat Number d.ParcellLot Number Latitude and Longitude, if known(note: 42-40'-41.8" 71-08'-1.33" electronic filers will click for GIS locator): . e.Latitude f.Longitude s. Property recorded at the Registry of Deeds for(attach additional information if more than one parcel): Essex North a.County b.Certificate(if registered land) r-Book d.Page 8/19105 a a t 7. Dates, a.Date Notice of Intent Filed b.Date Public Hearing Closed c.Date of I4suence s. Rnal Approved Plans and Other Documents(attach additional plan or document references as needed): Site Development Plans for Proposed Walgreen's and Retail store(Sheets 1 through 11) a.Plan Tltia 13ohler Engineering, PC. William D.Goebel, P.I— b.Prepared By c.Signed and Stamped by Ii�f O� 1"=30' d.final Revision Date e.Scale f.Additional Plan or DocumentTltleg.Date s. Total WPA Fee Paid: $800.00 $237.50 $562.50 a.Total Fee Paid b.State Fee Paid a Cltyfrown Fee Paid .vpatcrm5.Cac•tev.3I1mS Pepe 1 cr9 Massachusetts Department of Environmental Protection DEP File Number, Bureau of Resource Protection -Wetlands WPA Form 5 - Order of Conditions 242-1333 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 C. General Conditions Under Massachusetts Wetlands Protection Act (only applicable to approved projects) 1. Failure to comply with all conditions stated herein, and with all related statutes and other regulatory measures, shall be deemed cause to revoke or modify this Order. 2. The Order does not grant any property rights or any exclusive privileges;it does not authorize any injury to private property or invasion of private rights. 3. This Order does not relieve the permittee or any other person of the necessity of complying with all other applicable federal, state, or focal statutes, ordinances, bylaws, or regulations. 4. The work authorized hereunder shall be completed within three years from the date of this Order unless either of the following apply; a. the work is a maintenance dredging project as provided for in the Act or b. the time for completion has been extended to a specified date mon:than three years, but less than five years,from the date of issuance. If this Omer is Intended to be valid for more than three years, the extension date and the special circumstances warranting the extended time period are set forth as a special condition In this Order. 5. This Order may be extended by the issuing authority for one or more periods of up to three years each upon application to the Issuing authority at least 30 days prior to the expiration date of the Order. 6. Any fill used in connection with this project shall be clean fill.Any fill shall contain no trash, refuse, rubbish,or debris,including but not limited to lumber,bricks,piaster,wire,lath, paper,cardboard, pipe,tires,ashes,refrigerators,motor vehicles,or parts of any of the foregoing. . s. 7. This Order Is not final until all administrative appeal periods from this Order have elapsed,or If such an appeal has been taken, until all proceedings before the Department have been completed. 8. No work shall be undertaken until the Order has become final and then has been recorded In the Registry of Deeds or the land Court for the district in which the land is located,within the chain of Ude of the affected property. In the case of recorded land, the Final Order shall also be noted in the Registry's Grantor Index under the name of the owner of the land upon which the proposed work is to be done. In the case of the registered land,the Final Order shall also be noted on the Land Court Certificate of Title of the owner of the land upon which the proposed work is done.The recording information shall be submitted to this Conservation Commission on the form at the end of this Order, which form must be stainped by the Registry of Deeds,prior to the commencement of work 9. A sign shall be displayed at the site not less then two square feet or more than three square feet in size bearing the words, "Massachusetts Department of Environmental Protection"for,"MA DEP"] "File Number 242-1333 ° WP3►WMr%-d -rev.3MM5 Pegs 4 of 8 Massachusetts Department of Environmental Protection Bureau of Resource Protection-Wetlands DEP File Number. WPA Form 5 — Order of Conditions 242-1333 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 C. General Conditions Under Massachusetts Wetlands.Protection Act 10, Where the Department of Environmental Protection is requested to issue a Superseding Order,the Conservatian Commission shall be a party to all agency proceedings and hearings before DEP. 11. Upon completion of the work described herein,the applicant shall submit a Request for Certificate of Compliance(WPA Form 8A)to the Conservation Commission. 12. The work shall conform to the plans and special conditions referenced in this order. 13. Any change to the plans Identified in Condition#12 above shall require the applicant to Inquire of the Conservation Commission In writing whether the change is significant enough to require the filing of a new Notice of Intent. 14. The Agent or members of the Conservation Commission and the Department of Environmental Protection shall have the right to enter and Inspect the area subject to this Order at reasonable hours to evaluate compliance with the conditions stated in this Order, and may require the submittal of any data deemed necessary by the Conservation Commission or Department for that evaluation. 15. This Order of Conditions shall apply to any successor in interest or successor in control of the property subject to this Order and to any contractor or other person performing work conditioned by this Order. 15. Prior to the start of work,and if the project involves work adjacent to a Bordering Vegetated Wetland, the boundary of the wetland in the vicinity of the proposed work area shall be marked by wooden stakes or flagging. Once In place,the wetland boundary markers shall be maintained unb7 a Certificate of Compliance has been issued by the Conservation Commission. 17. All sedimentation barriers shall be maintained In good repair until all disturbed areas have been fully stabilized with vegetation or other means:At no time shall sediments be deposited in a wetland or water body.During construction,the applicant or his/her designee shall inspect the erosion controls on a daily basis and shall remove accumulated sediments as needed.The applicant shall immediately control any erosion problems that occur at the site and shall also Immediately notify the Conservation Commission,which reserves the right to require additional erosion and/or damage prevenfion controls it may deem necessary.Sedimentation barriers shall serve as the limit of work unless another limit of work line has been approved by this Order. 18. All work associated with this Order is required to comply with the Massachusetts Stormwater Policy Standards. Special Conditions: If you need more See attached space for additional conditions, select box to attach a text document QX wparcmm5.dac•mv.ail= Ppa5ora i ILIMassachusetts Department of Environmental Protection Bureau of Resource Protection -Wetlands DEP He Number. WPA Form 5 -- Order.of Conditions 242-1333 Massachusetts Wetlands Protection Act M.G.L c. 131, §40 D. Findings Under Municipal Wetlands.Bylaw or Ordinance 1. Is a municipal wetlands bylaw or ordinance applicable? Q Yes ❑ No 2. The North Andover hereby finds (check one that applies): Conservation Commission 3. ❑ that the proposed work cannot be conditioned to meet the standards set forth in a municipal ordinance or bylaw specifically: a.Municipal Ordinance or Bylaw b.Citation Therefore,work on this protect may not go forward unless and until a revised Notice of intent is submitted which provides measures which are adequate to meet these standards,and a final Order of Conditions is issued. 4. 0 that the following additional conditions are necessary to comply with a municipal ordinance or bylaw: North Andover Wetland Protection Bylaw Chapter 1713 a.Municipal Ordinance or Bylaw b.Citation The Commission orders that all work shall be performed In accordance with the following conditions and with the Notice of Intent referenced above.To the extent that the following conditions modify or differ from the plans,specifications,or other proposals submitted with the Notice of intent, the conditions shall control. If you need more c. The special conditions relatin to municipal ordinance or lave are as follows: space rai p g P y additional conditions, See attached select box to attach a text document _ ,vpefafms,doc•rov.3l1fg5 Page s or 9 DEP FILE#242-1333 Therefore, the North Andover Conservation Commission(hereafter the"NACC") hereby finds that the following conditions are necessary,in accordance with the Perfo=ance Standards set forth in the State Regulations,the local Bylaw and Regulations,to protect those interests noted above. The NACC orders that all work shall be performed in accordance with said conditions and with the Notice of Intent referenced below. To the extent that the following conditions'mod&or differ from the plans, specifications or other proposals submitted with the Notice of Intent,the conditions shall control. GENERAL CONDITIONS 18.Failure to comply with all conditions stated herein, and with allrelated statutes and other regulatory measures,shall be deemed cause to revoke or modify this-Order. 19.This Order does not grant any property rights or any exclusive privileges;it does not authorize any injury to private property or invasion of property rights. However,the NACC,agent of the NACC or the Department of Environmental Protection(DEP)reserves the right to enter and inspect the property at all reasonable times until a Certificate of Compliance is issued,to evaluate compliance with this Order of Conditions,the Act(310 CMR 10.00), the North.Andover Wetland Bylaw and Regulations,and may require any information,measurements, photographs, observations,and/or materials, or may require the submittal of any data or information deemed necessary by the NACC for that evaluation. Further, work shall be halted on the site if the NACC,agent or DEP determines that any of the work is not incompliance with this Order of Conditions. Work shallnot resume until the NACC is satisfied that the work will comply and has so notified the applicant in writing. 20.This Order does not relieve the permittee or any other person of the necessity of coinPIYmgwith all other applicable federal, or local statutes,ordinances,Uy- laws or regulations. 21.The work authorized hereunder shall be completed within three years from the date of this order. 22.This Order may be extended by the issuing authority for one or more periods of up to oneear each upon application to the issuing Y P PP authority at least thirty days (30 prior to the expiration date of the Order (Refer to Section 8.3 (P.37) of the North a Ando er Wetland Regttlahons). • 23.The NACC reserves the right to amend this Order of Conditions after a legally advertised public hearing if plans or circumstances are changed or if new conditions or information so warrant. CAl i war 0 _ W n d10 ClWaverlyri'umpil:c Wulgrecns.dac I NACC 2112006 DEP FILE#242 -1333 24. Where the Department of Environmental Protection(DEP)is requested to make a determination and to issue a Superseding Order,the Conservation Commission shall be a party to all agency proceedings.and hearings before the Department. 25.This Order of Conditions is issued under File No.2421333. 26.The conditions of this decision shall apply to,and be binding upon,the applicant, owner,its employees and all successors and assigns in interest or control. These obligations shall be expressed in covenants in all deeds to succeeding owners of_ portions of the property. 27.The term"Applicant" as used in this Order of Conditions shall refer to the owner, any successor in interest or successor in control of the property referenced in the Notice of Intent,supporting documents and this Order of Conditions. The NACC shall be notified in wilting within 30 days of all transfers of title of any portion of property that takes place prior to File issuance of a Certificate of Compliance. 28.The proposed work includes: the removal of an existing single-family dwelling and other associated structures in order to construct a 14,820 s.f Walgreens Pharmacy facility and an additional retail building with associated grading, stormwater management structures,parking,and appurtenances within the buffer' zone to a Bordering Vegetated Wetland. The majority of the ivork,including the building themselves,are located outside of the 100'buffer zone of the wetland resource area. The NACC finds that the project as proposed does not and can not meet the recharge standard#3 of the state and local Stormwater Management Policy given the site conditions,the high groundwater table and the proposed stormwater management design However,the NACC is satisfied with the applicant's redesign by increasing the existing piping systems and redirecting drainage flows so as not to result in a net loss of recharge from the site to negatively impact dawn adient resource gr areas. However,given these conditions the NACC find � S that the entire site,including those areas outside of the buffer zone,is extremely Vulnerable to erosion and sedimentation concerns. For this reason,the NACC finds that it is essential that jurisdiction,specifically foz environmental monitoring purposes,falls beyond the 100 foot buffer zone,which may be reflective in the conditions of this Order. 29.The work shall conform to the followingexce t as noted in ( p the remainder of this document where revisions may be required): Notice of Intent filed by: Mark Investments,Inc. (Applicant) 54 jaconnet Street Newton,MA 02461 Dated August 16,2005; C:\Winward\00C1Wnvcrlyfl•urnpike-Walgreens:doc 2 NACC 2/In006 DEP FILE#241-1333 Site Plans prepared by: Bottler Engineering,P:C. 352 Turnpike Road Southborogh,MA 01772 Entitled"Site Development-Plan for Walgreens- .Proposed Walgreen's/Retail Store"' dated 8/4/05, revised through 1/3/06,consisting of sheets 1-11. Stamped&Signed by William D. Goebel,P.E. Drainage Report prepared by: Bohler Engineering,P.C.Entitled"Drainage Report",including the Operation&Maintenance 1 Plan dated August 4,2005,revised through October 24,2005; Drainage Plan: Entitled"Watershed Exhibit Plan", dated 11/2/05; Other Record Plans & Documents: Geotechnical Report entitled"Geotechnical Exploration-Evaluation Proposed Pharmacy&Retail : Development Waverly Road-Salem Turnpike North Ap.dover,Massachusetts",dated June 28,2005,and received October 27,2005; Environmental Notification Form(ENF).entitled. "Proposed Retail Center",dated October 31,2005, and received November 10,2005; Revised Filing Fee Ietter prepared by Bohler Engirieering dated September 20,2005; Re-notification to abutters letter prepared by Bohler Engineering dated September 21,2005; Letter prepared by Bohler Engineering dated August 30,2005; Stromwater Management Review Letter prepared by Eggleston Environmental dated October 7,2005; Stormwater Management Review Response Letter prepared by Bottler Engineering,P.C. dated October 26,2005; Stromwater Management Review Letter prepared by Eggleston Environmental dated November 2,2005; C:\Winward\OCC\Wavcrlyrrurnpike-Walgreensdoe 3 NACC 2d1/22006 4 DEP IT'ILL#242-1333 Stormwater Management Review Response Letter prepared by Bohler Enginnering,P.C. dated November 7,2005;. Stromwater Management Review better prepared by Eggleston Environmental dated November 14,2005; Stormwaier Management Review Response Letter prepared by B6h1er Enginnering,P.C. dated January 3,2006; Letter prepared by Alison McKay,North Andover Conservation Administrator,to the Massachusetts Highway Department dated December 1,2005, Letter prepared by Alison McKay,North Andover Conservation Administrator,to William Goebel of Bohler Engineering dated December 15,2005; Letter from Eugene Willis,North Andover Director of Engineering, dated December 12,2005; Letter from Eugene Willis,North Andover Director of Engineering,dated December 27,2005. 30.The following wetland resource areas are affected by the proposed work:Buffer Zone to a Bordering Vegetated Wetland. These resource areas are significant to the interests of the Act and Town Bylaw as noted above and therein. The applicant has not attempted to overcome the presumption of significance of these resource areas to the identified interests. 31.The NACC agrees with the applicant's delineation of the wetland resource areas on the site as shown on the approved plans referenced herein as previously approved for the Ea ewood site,pp gl e,DEP File#2421220,and along the property boundary as noted. 32.The NACC finds that the intensive use of the upland areas and buffer zone proposed on this site will cause further alteration of the wetland resource areas: In order to prevent any alteration of wetland resource areas a twenty five foot (25') No-Disturbance Zone and a fifty foot(50')No-Construction Zone shall be established from the edge of the adjacent wetland resource area except in those locations as depicted on the approved plan referenced'herein.The Conservation Administrator and/or other agents of the NACC do not have the authority to waive CaWimvordlOOClWaverlyn'urnpike-Wulgreens.doc 4 NACC 2/112006 a DEP FELE#242 -1333 these setbacks as established under the local bylaw. No.disturbance of existing grade,soils or vegetation is permitted in the No Disturbance zone. (See Section 3.4& Appenfix'F of the local Regulations). 33.This document shall be included in all construction cont=acts,subcontracts, and specifications dealing with the work proposed and shall supersede any conflicting contract requirements. The applicant shall assure that all contractors, subcontractors,and other personnel performing the permitting work are hilly aware of the permits terms and conditions. Thereafter,the contractor will be held jointly. liable for any violation of this Order resulting from failure to comply with its conditions. 34. The owners of the project and their successors in title,in the event they proceed to alter areas subject to the Commission's jurisdiction under the order,agree that the Order does not in itself impose upon the Town any responsibility to maintain the proposed drainage system and that said Town shall not be liable for any damage in the event of failure. By acceptance of this Order,the owners agree to indemnify and hold harmless to the Town and its residents for any damage attributable to alterations undertaken on this property pursuant to the Order.Maintenance of the drainage system,if accepted by the Town as part of a public way,becomes the responsibility of the Town. 35.Issuance of these Conditions does not in any way imply or certify that the site or downstream areas will not be subject to flooding,storm damage or any other form of water damage. . PRIOR TO CONSTRUCTION Mori 36.No work shall be undertaken until all administrative appeal periods from this Order have elapsed or,if such an appeal has been filed,until all,proceedings before the Department or Court have been completed. 37.This Order shall be recorded by the applicant at the Registry of Deeds immediately after the expiration of ail appeal periods.No work shall be undertaken until the Final Order has been recorded in the Registry of Deeds or the Land Court for the district in which the land is located,within the chain of title of the affected property. In the case of recorded land,the Final Order shall also be noted in the Registry's Grantor Index under the name of the owner of the land upon which the proposed . work is to be done.In the case of registered land,the Final Order-shall also be noted on the Land Court Certificate of Title of the owner of the land upon which the proposed work is to be done.The recording information shall be submitted to the North Andover Conservation Commission on the form at the end of this Order C:1Wimvord10ockWaverly/Turnpike-Walgreens.doa 5 iVACC 3/1/2006 it DRP FILE#242- 1333 prior to commencement of the work. Any Order not recorded by the applicant before worlc commences maybe recorded by the NACC at the applicant's*expense. 38.A sign shall be displayed at the site not less than two square feet or more than three square feet in size bearing the words"Massachusetts DEP,File Number 242-1333." 39.Prior to the commencement of any work,the applicant shall permanently mark the edge of the"25'No-Disturbance Zone"with seven(7)signs or markers spaced evenly every 40 feet incorporating the following text: "Protected Wetland Resource Area". This will designate their sensitivity and assure no further inadvertent encroachment into the wetland. These permanent markers are subject to review and approval by the NACC. The applicant shall instruct all agents to explain these markers to buyers/lessees/landscapers and all persons taking over the property from the applicant. 40.Prior to the commencement of any work,the applicant shall submit to the Conservation Department a comment letter from the MA Highway Department relevant to the drainage system as previously requested by the NACC and as requested in the-letter to the MA Highway Department dated December 1,2005. 41. Prior to the commencement of any work,the applicant shall submit to the Conservation Department a revised Grading Plan,which shows the approved erosion control locations. 42.Prior to the commencement of any work,the applicant shall submit to the Conservation Department for review and approval a revised landscaping plan detail for the southwestern corner of the site. The current landscaping plan depicts 7 Austrian Pines (Pinus nigra) to be planted within the 25'No-Disturbance zone in this location. The NACC has determined that-these plantings may not be adequate in enhancing or protecting the 25'No-Disturbance Zone. As such,a qualified wetland scientist shall prepare a landscaping plan in this location, which would be more suitable for the site. 4.3.Prior to the commencement of any work,the applicant shall submit to the -Conservation Department a copy of the-approved NPDES Storm Water.Pollution Prevention Plan(SWPPP)for the file. 44.Any changes in the submitted plans caused by the applicant,another Board's decision or resulting from this Order of Conditions must be submitted to the NACC for approval prior to implementation. If the NACC finds said changes to be significant, the NACC will call for another public hearing(at the expense of the applicant).Within 21 days.of the close of said public hearing the NACC will issue an amended or new Order of Conditions. Any errors found in the plans or information submitted by*the applicant shall be considered aschanges.The proposed project C_1Wlnword10001WuverlylTurnpike-WnlgrL---mdoe 6 'NACC 2/1/3006 DEP FILE;#242- 1333 may be still under review by other local or state boards-or agencies.This may result in changes to the project plans or wetland impacts.if any such changes occur a revised plan and an explanation of the revisions shall be submitted to the NACC for review and approval prior to the start of construction No work shall begin on a project until written approval has been granted by the NACC. 45.It is the responsibility of the applicant,owner,anal/or successor(s)to ensure that all conditions of fl-s-Order of Conditions are complied with. The project engineer and contractors are to be provided with a copy of this Order of Conditions and referenced documents before commencement of construction. 46.Prior to any work commencing on site,the applicant shall submit to the NACC for approval,a detailed construction sequence,including a dated timetable of construction,the construction of compensation and retention areas,installation of sedimentation/erosion control devices,roadway infrastructure,phasing associated with the development and the construction of the associated stormwater management structures. The construction sequence shall specify that the stormwater management structures will be constructed first,prior to any other site preparation. This timetable must continue to be updated throughout the project. 47.Wetland Bagging shall be checked prior to start of construction and shall be re- established where missing. All wetland flagging shall remain visible and enumerated per the approved plan(s)throughout the life of the project and until a Certificate of Compliance is issued so that erosion control measures can be properly placed and wetland impacts can be monitored. The proposed limit of work shall be shall be clearly marked with stakes or flags and shall be confirmed by the NACC. Such markers shall be checked and replaced as necessary and shall be maintained until all construction is complete. Workers should be informed that no use of machinery,storage of machinery or materials,stockpiling of soil, or construction activity is to occur beyond this line at any time. All flags used for the above purposes shall be of a color.different from other flagging used on the site. 48. A row of staked hay bales backed by trenched siltation fence shall-be placed between all construction areas and wetlands. The erosion control barrier will be properly installed and placed as shown on the plans approved and referenced herein and shall be inspected and approved by the NACC prior to the start of construction and shall remain intact until all disturbed areas have been permanently stabilized to prevent erosion. All erosion prevention and sedimentation protection measures found necessary during construction shall be implemented at the direction of the NACC. The NACC reserves the right to impose additional conditions on portions of this project to mitigate any impacts which could result from site erosion, or any noticeable degradation of surface wager quality discharging from the site. For example,installation of erosion control measures may be required in areas not. shown on the plan(s)referenced in this Order of Conditions. Should such C:\Wimvord\OOC\Waacrly(Curnplicc-Walgreen doc 7 NACC V 1/21x06 DEP FILE 4 242 -1333 _ installation be required by the NACC, they shall be installed within 48 hours of the Commission's request. ' 49.The applicant shall have on hand•atthe start of any soil disturbance,removal or stockpiling, a minimum of 100 hay bales and sufficient stakes for staking these bales (or an equivalent amount of silt fence). Said bales shall be used only for the control of emergency erosion problems and shall not be used for the normal control of erosion. All additional emergency erosion controls shall be on site prior to the commencement of any work on site and will be verified by the Conservation Department during the pre-construction meeting. 50.A check payable to the Town of North Andover shall be provided in'the amount of $100,000,which shall be in all respects satisfactory to Town Counsel,Town Treasurer,and the NACC,and shall be posted with the North Andover Town Tieasurer through the NACC before commencement of work. Said deposit of money shall be conditioned on the completion-of all conditions hereof,shall be signed by a party or parties satisfactory to the NACC,and Town Counsel,and shall be released after completion of the project,provided that provisions,satisfactory to the NACC,have been made for performance of any conditions which are of continuing nature. The applicant may propose a monetary release schedule keyed to completion of specific portions of the project for the NACCs review and approval. This condition is issued under the authority of the local Bylaw. 51.The applicant shall designate a Qualified Professional Wetland Scientist as an "Erosion Control Monitor" to oversee any emergency placement of controls and regular inspection or replacement of sedimentation control devices. The'iiame and phone number of the erosion control monitor must be provided to.the NACC in the event that this person has to be contacted,due to an emergency at the site,during any 24-hour period,including weekends. Proof of the retained monitor.must be submitted to the Conservation Department on letterhead by the retained consulting firm for subsequent review and approval by the NACC or agent thereof. This person shall be given the authority to stop construction for erosion control purposes.nal erosion control monitor will be required to inspect all such devices and oversee cleaning and the proper disposal of waste products. Cleaning shall include removal of any entrapped silt 52. ON EVERY MONDAY of each week, or otherwise arranged by the NACC,in which construction activities occurs on-site and for as long thereafter as ground remains unstable,it is the applicant's responsibility to ensure that the Environmental/Erosion Control Monitor(EMC)monitor the site and submit written reports to the NACC.The EMC shall certify that,to the best of his/her knowledge and belief based on a careful site inspection,all work is'being . performed in compliance with this Order of Conditions and that approved setbacks are being adhered tn. The EMC must visually inspect all sedimentation/ C:1WimvordlooClWaverly/Turnpike-Walgmens,dac 8 NACC 2/112006 DEP FILE#242.-1333 erosion control measures and assume responsibility for their maintenance on a weekly basis and that they are functioning as intended. In addition,all wetland resource areas must be visually inspected for siltation,turbidity,and/or other water quality impacts.Monitoring reports shall include current condition of erosion and sedimentation controls;describe any erosion or sedimentation repair and/or replacement;and describe any erosion or sedimentation problems and mitigation measures implemented. Such reports shall continue until the applicant requests a less frequent reporting schedule or an end to reports.This request must be submitted in writing and is subject to approval by the Conservation Administiator. 53.The applicant and/or the legal owner of that portion of land upon which.these Orders of Conditions have been placed shall provide to the NACC prior to transferring;or assigning any portion of said land to another party,Subject to said Orders of Conditions,the"Compliance Certification Form Affidavit" attached via "Appendix A"signed under the pains and penalties of perjury,stating that said applicant and/or owner has read these Orders of Conditions and is in compliance with each and every condition. This document shall apply to each of the conditions referenced herein and shall be provided to the Conservation Department at least five (5)business days after to the closing of said land transaction. 54. Once•these above,mentioned pre-construction requirements are complete,the applicant shall contact the Conservation Office prior to site preparation or construction and shall arrange an on-site conference with an.NACC representative,the contractor,the engineer,wetland scientist and the applicant to ensure that all of-the Conditions of this Order are understood. This Order shall be included in all construction contracts,subcontracts,and specifications dealing with the work proposed and shall supersede any conflicting contract requirements. The applicant shall assure that all contractors,subcontractors and other personnel performing the permitted work are fully aware of the permit's terms and conditions. Thereafter,the contractor will be held jointly liable for any'violation of this Order of Conditions resulting from failure to comply with its conditions. The applicant or contractor shall notify the NACC in writing of the identity of the on-site construction supervisor hired to coordinate construction and to ensure-compliance with this Order. A reasonable period of time shall be provided as notice for each pre-construction meeting(e.g.*72 hours). STORMWATER MANAGEMENT CONDMONS 55. All construction and post-construction stormwater management systems shall be conducted in accordance with the approved construction sequence,supporting documents and plans submitted with the Notice of Intent,the Department of C:%Wimvord100C1WoverlylTtimpikc-Walg=ns.doc 9 NACC 2/1122006 DEP FILE#242-1333 Environmental Protection Stormwater Management Policy,and the approved Operation and Maintenance Plan attached herein. 56.Evidence of maintenance of the stormwater martagement system shall be provided to the NACC on an annual basis by a Registered Professional Civil Engineer.The first report shall be submitted to the NACC one year after the first stormwater structure goes on-line and annual reports must continue to be submitted until a Certificate of Compliance is issued. Compliance with the designed stormwater management system and associated stormwater management conditions shall be satisfied prior to the issuance of a Certificate of Compliance. 57.All drainage structures shall be properly installed and functional.During construction,all drainage structures shall be maintained,as outlined in the approved Operation and Maintenance Plan attached herein. 58.Construction of the stormwater structures shalt be constructed and functioning as part of the initial project phase,immediately following clearing and rough grading of the.site to serve as siltation control during construction.Runoff from the site shall be directed towards these basins. 59.Temporary and/or permanent basins being-used for sedimentation and dewatering during construction shall be cleaned of sediment when levels exceed six (6) inches.The basins shall be cleaned of sediment prior to final grading and , construction of permanent stormwater basins. 60.There shall be no increase in the post development discharges from the sform drainage system or any other changes in post development conditions that alter the post development watershed boundaries as currently depicted in the Notice of Intent and approved by this Order of Conditions,unless specifically approved in writing by the Commission. 61.Water quality down gradient of BVW's shall not differ significantly following completion of the project from the pre-development conditions. There shall be no sedimentation into wetlands or water bodies from discharge pipes or surface runoff leaving the site. 62.Prior to the issuance of the Certificate of Compliance,the applicant shall be responsible for cleaning all stormwater structures,in accordance with the approved Operation&Maintenance Procedures Plan attached herein and the associated stormwater management conditions referenced herein. 63.The applicants, owners,and their successors and assignees,shall maintain all culverts,collections basins,traps,outlet structures,subsurface storage.areas, and other elements of the drainage system,unless put into an easement to the Town of North C;1Winword\OOClWavcrly(turnpike-Wulgreens.doc to NACC2(I/2006 i DEP FILE#.242-1333 Andover,in order to avoid blockages and siltation which might cause failure of the system and/or detrimental impacts to on-site or off-site resource areas,and shall maintain the integrity of vegetative cover on the site. DURING CONSTRUCTION 64. Accepted engineering and Best Management Practices (BMPs)for construction standards shall be followed in the conduct of all work. 65.A crushed stone construction entrance shall be designated at the entrance/exit drives along Waverly Road to nurdimze soil/material tracldng in accordance with the approved standards and specifications and as shown on the approved plan referenced herein. This entrance shall be maintained and reinforced as necessary. 66.Erosion control devices shall be inspected regularly,any entrapped silt shall be removed to an area outside of the buffer zone and wetland resource areas; silt fence and hay bales shall be replaced as necessary.The areas of construction shall remain in stable condition at the close of each construction day.All erosion controls shall be in place throughout the duration of any construction on-site or unless authorized by the Conservation personnel_ 67.Upon beginning work, the applicant shall submit written progress reports evgy weelc detailing what work has been done in or near resource areas,and what work is anticipated to be done over the next period.This will update the construction sequence. �I . x. 68.All catch basins shall contain oil/gasoline traps,and it shall be a continuing condition of this order,even after,a Certificate of Compliance is issued, that the oil/gasoline traps in the catch basins be maintained. All catch basins shall be free of all accumulated silt and debris before Compliance is issued and the owner or his/her agent shall so specify,in the request for Compliance. 69.The sewer lines on the site,where they cross wetland resource areas,shall be tested for water tightness in accordance with North Andover DPW standards. 70. Silt sacs/filier fabric or other siltatiorq/ edimentation protection methods shall be installed at any catch basin/storm drain within 50 feet of the site. 71.The Erosion Control Monitor shall be on site during and/or following a major storm event of 1 inch of rain or greater to emsure that soils remain stable,erosion controls are adequate and secure,and that all BMP's are adequately functioning. C;1Winward\OOOWuverlyil'umpikc-Walgrccnsdoc I1 NACCJI/2006 l DEP FULE#242 -1333 72.Approved de-watering activities anticipated shall be supervised and witnessed by the designated erosion control monitor. This designee must be on-site at all times while dewatering is occurring. De-watering activities shall be conducted as shown on the approved plans and shall be monitored daily by the erosion control monitor to ensure that sediment laden water is appropriately settled prior to discharge toward the wetland,resotarce areas. No discharge of water is allowed directly into an area subject to jurisdiction of the Wetlands Protection Act and/or the North Andover Wetland Bylaw. If emergency de-watering requirements arise,the applicant shall submit a contingency plan to the Commission for approval,which provides for the pumped water to be contained in.a settling basin,to reduce turbidity prior to discharge into a resource area. 73. Associated pavement and roadways shall be swept at least once per week or as . directed by the Erosion Control monitor,the Site Supervisor,Proj ect Manager,or the Conservation staff for as long as the site remairis exposed and unstabilized. . 74.Any fill used in connection with this project shall be clean fill,-containing no trash, refuse,rubbish or debris,including but not limited to lumber,bricks,plaster,.wire,lath, paper,cardboard,pipe,tires,ashes,refrigerators,motor vehicles or parts on any of the foregoing. 75. All exposed soil finish grade surfaces sh.-M be immediately landscaped and stabilized,or loamed,seeded and mulched,with a layer of mulch hay. All disturbed areas must be graded,loamed and seeded prior to November ISE of each year.Outside of the growing season,exposed soil'finish grade surfaces shall be stabilized with a layer of mulch hay until climate conditions allow for seeding.During constructiaAany area of exposed soils that will be left idle for more than 30 days shall be stabilized with a layer of mulch hay or other means approved by the NACC. 76.No re-grading in the buffer zone shall have a slope steeper than 2-1 (horizontal: vertical). Slopes of steeper grade shall be rip-rapped to provide permanent stabilization. 77. Equipment shall not be staged overnight within 100-feet of a wetland resource area. 78.There shall be no sto ilin of soil or other materials within twenty-five 25 feet of �P g tY � ) any resource area. 79.Washings front concrete trucks,or surplus concrete,shall not be directed to, any drainage system, or wetland resource area. 80.All waste generated by,or associated with,the construction activity shall be contained within the construction area,and away from any wetland resource area. C.1Wintvord\OOC\Wnverlyfrumpike-Wnigreens.dor 12 NACC 2/1/3006 t DEPT' E1 #242-1333 There shall be no burying of spent construction materials or disposal of waste on the site by any other means. The applicant shall maintain di=psters (or other suitable means)at the site for the storage and removal of such spent construction materials off- site. However,no trash dumpsters will be allowedwithin 50'of areas subject to' protection under the Act or local Bylaw. 81. During and after work on this project,there shall be no discharge or spillage of�fuel, or other pollutants into any wetland resource area. If there is a spill or discharge of any pollutant during any phase of construction the NACC shalt be notified by the applicant within one(1)business day. No construction vehicles are to be stored within 100 feet of wetland resource areas,and no vehicle refueling, equipment lubrication, or maintenance is to be clone within 100 feet of a resource area. AFTER CONSTRUCTION 82.No underground storage of fuel oils shall be allowed on any lot within one hundred (100)feet of any wetland resource area. This condition shall survive this Order of Conditions and shall run with the title of the property. This condition is issued under the authority of the Town's Wetland protection Bylaw. 83.Fertilizers utilized for landscaping and lawn care shall be slow release,low-nitrogen types (<5%), and shall not be used within 25 feet.of a resource area. Pesticides and herbicides shall not be used within 100 feet of a wetland resource area.This condition shall survive this Order of Conditions-and shall run with the title of the property. This condition is issued under the authority of the Town's Wetland Protection Bylaw and shall remain in perpetuity. 84.The approved Operation &Maintenance Plan is fully binding upon the applicant and/or owners,successors,agents,associations,heirs and assigns and must be adhered to in perpetuity. 85.Prior to the issuance of a Certificate of Compliance,the applicant must submit proof of contract to the Conservation Department in the form of a written and signed document from the assignees)responsible for conducting the perpetual site maintenance in accordance with the Operation&Maintenance Plan. In addition to this contract,the applicant shall submit an Affidavit from the assignee(s) acknowledging-the Operation&Maintenance responsibilities of the stormwater management systems in accordance with the approved Operation&Maintenance Plan and other perpetual conditions mandated in this Order. 86.No road salt,sodium chloride, or other de-icing chemicals shall be used on paved surfaces within the buffer zone,and any arrangement for snow removal shall so C:1Wimvord1OOMWaverlyfrumpil:c-Walgreens.doc 13 NACC 2/12006 DEP FILE#242 -1333 .� stipulate due to the importance of the site and wetlands. Permanent signs designating "No-Salt Zorie" and"No-Snow Stockpiling Zones"shall be displayed in prominent locations as depleted on the approved plan referenced herein. The approved plans depict three(3)no-snow stockpiling signs. The NACC finds that an additional no- snow stockpiling sign is needed. This additional sign shall be placed at the"end of board on board fence" along the 50'No-Construction Zone immediately upgradient to wetland flag 1107. Additional signs may be assigned in other locations as directed by the Conservation Administrator if necessary. The location and placement of these signs are subject to review and subsequent approval by the NACC or Agent thereof: Signs are available for purchase at the Conservation Department for a fee. Additional snow management'procedures and snow storage/removal operations shall be addressed in accordance with the approved Operation&Maintenance Plan. 87.Upon completion of construction and grading,all disturbed areas located outside resource areas shall be stabilized permanently against erosioiti This shall be done either by loaming and seeding according to SCS standards. If the latter course is chosen, stabilization will be considered complete once vegetative cover has been achieved. 88.Upon approved site stabilization by Conservation staff,the erosion controls shall be removed and properly disposed of and all exposed unvegetated areas shall be seeded. 89.Upon completion of the project the applicant shall submit the followin to the Conservation Commission asart of a request for a Certificate of Compliance: P � P a. WPAForm 8A-"Requestfor a Certificate of Compliance." b. A letter from the applicant requesting a Certificate of Compliance. c. n-,e name and address of the current landowner. d. Signed statements from the individual property owners shall be submitted with the request for a Certificate of Compliance indicating that they read and understood the recorded Order of Conditions prior to purchasing their property. e. The name and address of the individual/trust or corporation to whom the compliance is to lie granted. f. The street address and assessor's map/parcel number for the project. g. The DEP file number. IL A written statement from a Registered Professional Civil Engineer (and/or Registered Professional Land Surveyor) of the Commonwealth certifying that the work has been conducted as shown on the plan(s)and documents referenced above,and as conditioned by the Commission C:1Wimvard\Ooclwaverly(Turnpike-Walgrecne.doc 14 NACC 21112006 DPP FILE#242 -1333 i. An"As-Built" plan prepared and signed and stamped by a Registered Professional Civil Engineer(and/or Registered Professional Land Surveyor) of the Commonwealth,for the public record. This plan will include: ➢ "As-Built" post-development elevations of all drainage&stormwater management structures constructed within 100 feet of any wetland resource area.NOTE: If portions of the stormwater systems exist partially witivn the Buffer Zone than the entire structure must be depicted to accurately verify compliance. �- "As-Built"post-development elevations and grades of all filled or altered wetland resource areas'including the encompassing buffer zone,which is regulated as a resource area under the local Wetland Protection Bylaw. ➢ Distances from structures to wetland resource areas. Structures include (but are not limited to)septic systems,additions,fences,sheds, stone walls,pools,retaining walls,subsurface utilities and decks. ➢ A line showing the limit of work and the extent of existing erosion control devices. "Work" includes any disturbance of soils or vegetation. Location of all subsurface utilities entering the property. 90.The following special conditions shall survive the issuance of a Certificate of Compliance(COC)for this project: Y 25'No-Disturbance Zone and a 50' No-Construction Zone shall be established from the edge of adjacent wetland resource areas except in those locations approved under this filing. Future work within 100 of existing wetland resource areas will require a separate filing with the NACC. The Conservation Administrator and/or other agents of the NACC do not have-the authority to waive these setbacks as established under the local Bylaw(Condition#32); r Discharge orspillage of pollutants (Condition#81); Y Maintenance of catch basins (Condition#68); ➢ Maintenance of all culverts,collections basins, traps, outlet structures, subsurface storage areas,and other elements of the drainage system, unless put into an easement to the Town of North Andover,in order to C:1Wlnvnrd10001Waverlyrl•urnplkc-Walgreens.doe 15 NACC 2/I/3006 DEP FILE#242-1333 avoid blockages and siltation,which might cause failure of the system and/or detrimental impacts to on-site or off-site resource areas (Condition #63); > Prohibition of underground fuels(Condition#82); r Limitations on the use of fertilizers,herbicides,road salts,de-icing compounds and pesticides(Conditions#83 V). The attached"Stormwater Operations and Management Plan',including Best Management Practices. No additional filings will be required to conduct maintenance of the above referenced system and plan. C:1Wimvordlooc\Waverlyrrumpike-Walgrecns doe 16 NACC 2/112006 DEP FILE#242 -1333 APPENDIX A--AFFIDAVIT L on oath do hereby depose and state: (authorized agent of applicant and/or owner) (PLEASE CHECK AT LEAST ONE BLOCK) 1) 1 am the of (position with applicant) (applicant's name) the applicant upon whom the Order of Conditions have been (DEP or NACC He#) . Placed upon by the N. orth Andover Conservation on Cominisi n(NAC C . and/ or 2) l am the of (position with owner) (owner) the owner upon whose land Order of Conditions have been (DEP or NACC Pile#) placed upon by the NACC. ♦ I hereby affirm and acknowledge that I have received said Order of Conditions and have read the same and understand each and every condition,which has been set forth in said Order of Conditions. ♦ I hereby affirm and acknowledge that on this'. day of 20---,I inspected said property together with any and all improvements,which have been made to the same and hereby certify that each and every condition set forth in the Order of Conditions are presently in compliance. ♦ I hereby affirm and admowledge that this document will be relied upon by the NACC, as well as any potential buyers of said property,whi&is subject to the Order of Conditions. Signed under the pain and penalties of perjury this day of .20 (Authorized agent of applicant or owner) C:\Wimvord\OCMWavrrlyrrurnpikc-Wnlgreens.doc 17 NACC 2/1/3006 STORMWATER SYSTEM OPERATION AND MAINTENANCE PLAN The Proposal is for a private development. The parldng and loading areas and its infrastructure will be the sole responsibility of the land owner. r Developer: Mark Investments,Inc. 54 1aconnet Street Newton,MA 02461 . (617)332-8140 -COMPONENT: ParkingAreas PMPONSME LUY:Landowner =:-, • during and after construction. ' ACTION: 'Sweeping FREQUENCY: Bi Annually DESCRIPTION: Driveways and parking areas shall be swept semi-annually(h ce per year). The land owner will monitor all areas and remove sediments as necessary, considering both annual necessity and the need for more frequent cleaning during construction. Sweeping shall be performed to remove sediments prior to'introduction into the stormwater collection system. Washing and water jetting shall be discouraged �s The following componenfs shall be in ected after P any large storm event of 1.5' or more in addition to the periodic inspections noted below. Large storm events are defined as,but are not limited to the following 24 hour rainfall amounts: 2 year storm=3.1.inches 10 year storm=4.5 inches 25 year storm=5.4 inches 100 year storm=6.5 inches After the occurrence of any of the storm events noted above, or any other heavy rainfall that may have affected stormwater management facilities, the designated inspector shall inspect the. components listed below for evidence of scouring or erosion, excessive sediment deposits, clogging of stormwater structures, or any other condition that may adversely affect stormwater management operations. All infiltration structures shall be inspected again 72 hours after such storms to make sure all of the flow has infiltrated After the first year of successful operation, the frequen f inspection can be reduced to include only the larger' storms of sever ete s or more. P, If any of these conditions are observed, then appropriate actions should be taken to restore the storMwater management facility so that it operates'as untended. COMPONENT: Deep sump catch basins RESPONSIBMITY:Property owner during and after construction. ACTION: Sediment removal/sump cleaning FREQUENCY: Annual DESCRIPTION: Basins are to be cleaned on an annual basis,The land owner will. monitor samzps and remove sediments as necessary, considering bath annual necessity and the need for more frequent cleaning during construction,'Precautions shall take Place to maintain the integrity.of the oil trapping hoods duriri ,cle ' be inspected and repaired as necessary, Accumulated Hydroba hall be collng. The eted all separately from accumulated sediment All material shall be disposed ofin accordance with DEP regulations. COMPONENT: Qpen'detention basins . RESPONSIBILITY:Land owner during and after construction. ACTION: Various inspection, maintenance, and clearing activities FREQUENCY: Annually or as otherwise needed DESCRIPTION: The detention basins shall be inspected a minimum of once per year to ensure that they are operating as intended and that all components are stable and in working order. ne property owner should retain the services of a professional engineer with experience in drainage and stormwater to Perform the inspections. growing season,-the side slopes of the ponds shall be moweeast twice,During with the additional cuttings performed as needed All tree saplings of arty species will be removed from embankments and the pond bottom. The inlet to the pond shall be inspected for erosion and.sedimentation, and rip-rap shall be promptly repaired in the case of erosion. Sediment collecting in the pond bottom shall be inspected annually, and removal shall commence any time the sediment reaches a depth of six inches anywhere in the pond .Any pond sediments removed shall be-disposed of in accordance with the latestMp guidelines far stormwater sediment disposal. Sediment removal and-other pond maintenance activities shall not be considered as a wetland alteration under the MA Wetland Protection Act. COMPONENT: Sediment Chambers/Portseniry Units RESPONSIBMM.Land owner during and after construction. 'ACTION: Inspection FREQUENCY. 2 times per year DESCRIPTION: See attached Manufachtrer's Maintenance Guidelines. All accumulated materials shall be disposed of in accordance to DEP rbpulationzs. COMPONENT: Snow Storage Areas _�t DESCRIPTION: Snow stoclTilingshall be limited to those locations depicted on the 'Site Plans• When accumulated volume of stockpiled snow becomes,an impedance to pedestrian or vehicular traffic, excess volumes shall be removed,from the site. ' p y- VortSentrye Inspection Inspsctlon Is the keyto.,effeotive.matntenence and is easilyTperformed.Stormwate'r360 recommends ongoing:gi3�rtbd lrisPectlons of the accumulated sediment.Pollutant deposition and transport may vary'.ft'rn year'to year and quarterly Inspections will help insure the system is cleaned out atthe approptiat;�t me.Inspections should be performed more often In the winter months in climates where:sai�dfng operations may lead to rapid accumulations,or In equipment washdown areas.It Is veryuseful to keep a record of each inspection. A simple form-for doing so is provided. " The VortSentry®should be cleaned when Inspection reveals that the sediment depth has accumulated to a depth of three feet in the treatment sump; This determination can be made by taking two measurements with a stadia'rod or similar measuring device;one measurement from the manhole opening to the top of the sediment pile and the otherfrogl the manhole opening to the watersurface.'If the distance measured is less than the distance'given in the following table, the VortSenh?should be maintained to-ensure effective treatment.'t VortSen Maintenance Indiaators`�•_i VartSentryodistance betwegn water model diameter ' .surface and iop.cif sediment storage deslgnaUonstorage sum It M ft. m .. d m VS30 3 0.9 •Z4 10;7• 0,8 0.6 VS40 4 1.2 3.5 1..1• 1.4• 1.1 VS50 S 1.5 4.4 1.3' 22 1.7 VS60 6 1.13 5.3 1.6 .. 3.1 2.4 VS70 ,. 7 2.1 6.1 1.9 .4.3 3.3 Vaaa 6 Z4 7.0 2.1 5.6 1 4,3 Nole: to avoid underestimating the volume of sediment in the chamber„the measuring device must be lowered to the top or the sediment pile carefully, Finer,slily particles at the top of the Pile typically offer lass resistance to the and of the rod than larger particles toward the boliom' of the pile. t o Cleaning . 'MalritalnJng the Vortsente Is easlest when there Is no flow entering the system. Forthis reason, It Is a good Idea to schedule the cleanout during*dry weather..The most efrectlVe methad'of i excavating pollutants from the VortSentr?is to use a vacuum truck.-Since there are no Internal components that block access or view of captured pollutants,maintenance ts.vlrtually identical to maintaining a catch•basth with a deep sump. Simply remove the manhole cover and Insert the ' vacuum hose into the grit chamber. All pollutants can be removed from this one access point. Once the system Is empty,manhole covers should be securely seated to ensure that surface runoff does not leak into the-unit from above. If a vacuum truck Is not evallabie,a"clamshell'grab may be used, but It is difficult to remove all acdumulated poilvtants-with such devices. In VorfSenft?Installations where the-dsk of large petroleum spills-is small,floating liquid contaminants may.not accumulate as quickly as sediment. However, any splll should be cleaned outUnmedlately. Motor oil and other-hydrocarbons that accumulate on a more routine basis should be removed when an appreelable layer has been captured,To remove these POIIUta nt5.1t may be preferable to use adsorbent pads since they are usually cheaper to dispose of than the oil water emulsion that may be created by vacuuming the oily layer, Floating debris can be vacuumed or netted out separately T accumulation outpaces sediment accumulation, SampleVartSentry®Technical Deslgn Manual 4 70 1:"MMWA L"IN o 11. m -its tI.R, k f.i.! .JIM -aalil rl rTqT A 277 1,ME 61 pi P RFO -��W—MM, �94 i� Til TL F7- .I. mz Ll__W� -&1,—ltsifiov�, I WIT IBM -1 M !t5 i 41 F y� lig}<n'G. tir fy `t +ir,l •+�+r�t� ,_ z�. try Z- '� r.•• ,•�`•�,y�••ur - � � 't�.�'�-. :,#�:. .its.• d•• - ,f1.• s ��. ^FN'. .ri�i l��r; .r•,L.._ �+a�__�'3f-f'_r"'t''�,:4.';..r .,Iy,��..:I�l ':�•;_....a�,�"�:IIa-1i- r ��i1'- _.r. r-C�"r�•--., 4� "1 1:C�'},} Y .: �� .iZ ,I r1( tl r• t:I,^'T.:::{-„�tif:l�=rlr'-;.":'” riu!•�Y:tz7r•-x;:: : p�{r��_ }.-tt { � c �l. c• i J,}.;.<'�1F,-' r {:,fit:,', c:.: L• r ^�r _,.c�,�.....:--r `_� � �� •�t•.`: ,,•-'•',°t����r �lY Nii..{+Y:1.,:,:-.{�lj+'• (f�:�.110,��._yy_�: ,1`t t �',�'a: �il;� ..K1 cr- ` -=1�•la•.•,i� �-',ti,?�-;.;S"..,•,,.sliit� --_. 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".r.=.^�i,��,�`•. yF, _ 3: -r _ tar-,,;:r_4rr::.. ;,.._7 'qtr- A - y .fir"•:,. ��'Z.t.��,iJ ,ic;. - �-1 Vii;_':r+L:: =r f' - --.y-rrti�.-_ a_�:r �a .. ^tir ii.?''•y'�_"``��'i?ZE�,z,'--:—°-r_. ..�.«t.!,..��in.r:�:'F-"��ir "?�!'�'�._�:r:.�; 'T?': �iti�� _ �-i.:.�;"`.'i i-_.�,1-,!icy ;�t`�:_ __f ^.r' '�r•'l'.�"'-i�l'?F: }-',•rv�. xft =?:u7 __,-' -,,;5:._1�L:'::..�..__•:t,r:r -�...7;'irt- r`i'r;'`.-r.i'r''F_;c•':._�_�r��r_�.r.�i,z4�'�-a'--',=�i� -'FFJ``,,'_'..=-1,!�,i__ _al,; r'4 }t , •��{`°rrrL yf r;ts- 1 � hy~..� -' T�'ar ;', `•: °. a'4 j= N, =7 !tLr� '51d 'fir LlMassachusetts Department of Environmental Protection Bureau of Resource Protection-Wetlands DEP File Number: )NPA Form 5 - Order of Conditions 242-1333 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 E. Issuance This Order is valid for three years, unless otherwise specified as a special Ali 16& condition pursuant to General Conditions#4,from the date of issuance. 1.Date of Is ante Please indicate the number of members who will slgn this form ,r This Order must be signed a majority of the Conservation Commission. z.Number of signers The Order must be mailed by certified mail(return receipt requested)or hand delivered to the applicant A copy also must be mailed or hand delivered at the same time to a appropriate Department of Environmental Protection Regional Office, If notfiling electrons lly, d the prtdpr= owner, If different from applicant Signatures: Ole Notary Acknowledgement Commonwealth of Massachusetts County of Essex North On'thisi � of Day Month Year Before me,the undersigned Notary Public, �S', personally appeared Name of Document Signer j t proved to me through satisfactory evidence of identification,which was/were Massachusetts License Description of evidence of Identification to be the person whose name is signed an the preceding or attached document; and acknowledged to me that he/she signed it voluntarily for its stated purpose. As member of North Andover cityrrown Conservation Commission DONNE XWEDGE CMUZVAU9 ��. �e'j c J4Cmwt.0#wA*7,20W Signature of Notary Public 1. D o%n,4 /19. PQ5Q6-i5 Printed Name of Notary Public Place notary seal and/or any stamp above 7 0? MY Commission Ex res(Date) This Order is issued to the applicant as follows: ❑ by hand delivery on dby certified mail,return receipt requested,on at/oti Date Data If wparorm5A3c•ray.311to Pape 7 d 8 Massachusetts Department of Environmental Protection Bureau of Resource Protection-Wetlands DEP File Number. NAPA Form 5 — Order of Conditions 242-1333 Massachusetts Wetlands Protection'Act M.G.L. c. 131, §40 F. Appeals The applicant, the owner,any person aggrieved by this Order, any owner of land abutting the land subject to this Order,or any ten residents of the city or town In which such land is located, are hereby notified of their right to request the appropriate DEP Regional Office to issue a Superseding Order of Conditions. The request must be made by certified mail or hand delivery to the Department,with the appropriate filing fee and a completed Request of Departmental Action Fee Transmittal Form, as provided in 310 CMR 10.03(7)within ten business days from the date of issuance of this Order..A copy of the request shall at the same time be sent by certified mail or hand delivery to the Conservation Commission and to the applicant,if he/she is not the appellant.Any appellants seeking to appeal the Departments Superseding Order associated with this appeal will be required to demonstrate prior participation in the review of this project. Previous participation in the permit proceeding means the submission of written information to the Conservation Commission prior to the close of the public hearing, requesting a Superseding Order or Determination, or providing written Information to the Department prior to issuance of a Superseding Order or Determination. The request shall state clearly and concisely the objections to the Omer which is being appealed and how the Order does not contribute to the protection of the interests identified in the Massachusetts Wetlands Protection Act, (M.G.L c. 131,§40)and is Inconsistent with the wetlands regulations(310 CMR 10.00). To the extent that the Order Is based on a municipal ordinance or bylaw,and not on the Massachusetts Wetlands Protection Act or regulations,the Department has no appellate jurisdiction. Section G,Recording Information is available on the following page. wpalaaoU=•mv.3JI105 Papa 13 19 ILIMassachusetts Department of Environmental Protection Bureau of Resource Protection -�Wetlands DEP File Number, WPA Form 5 — Order of Conditions 242-1333 Massachusetts Wetlands Protection Act M.G.L. e. 131, §40 G. Recording Information This Order of Conditions must be recorded in the Registry of Meds or the Land Court for the district in which the land is located,within the chain of title of the affected property,in the case of recorded land,the Final Order shall also be noted in the Registry's Grantor Index under the name of the owner of the land subject to the Order. In the case of registered land,this Order shall also be noted on the Land Court Certificate of Title of the owner of the land subject to the Order of Conditions.The recording information on Page 7 of this form shall be submitted to the Conservation Commission listed below. North Andover Conservation commission Detach on dotted line, have stamped by the Registry of Deeds and submit to the Conservation Commission, ------------------------------------------------------------------------------------------------------------------------- To: North Andover Conservation Commission Please be advised that the Order of Conditions for the Project at: 242-1333 Project Location DEP File Number Has been recorded at the Registry of Deeds of. County Book Page for Property Owner and has been noted in the chain of title of the affected property in: Book Page In accordance with the Order of Conditions issued on: Date If recorded land,the instrument number identifying this transaction is: Instrument Number If registered land, the document number identifying this transactlon.is: Document Number Signature of Applicant wpdannadcc• tev,31iM5 Page gat 9 DEP FILE#242-1333 APPENDIX A—AFFIDAVIT l; on oath do hereby depose and state: (authorized agent of applicant and/ or owner) (PLEASE CHECK AT LEAST ONE BLOCK) 1) I am the of (position with applicant) (applicant's name) the applicant upon whom the Order of Conditions have been (DEP or NACC Pile#) placed upon by the North Andover Conservation Commission(NACC). and/ or 2) I am the of (position with owner) (owner) the owner upon whose land Order of Conditions have been (DEP or NACC Me 0) placed upon by the NACC. ♦ I hereby affirm and aclnowledge that I have received said Order of Conditions and have read the same and understand each and every,,, condition,which has been set forth in said Order of Conditions. e I hereby affirm and acknowledge that on this day of .20---,I inspected said property together with any' and all improvements,which have been made to the same and hereby certify that each and every condition set forth in the Order of Conditions are presently in compliance. e I hereby affirm and acknowledge that this document will be relied upon by the NACC, as well as any potential buyers of said property,which is subject to the Order of Conditions. Signed under the pain and penalties of perjury this day of .20 (Authorized agent of applicant or owner) C:1Wmwordloockwave iyfr unpaw waigreens.doc 17 NACC 2/1/2006 ..12/22/2005" 00':55 FAX 978 794 9628 LAW OFFICES 1a 002 Dec 22 OS 12:SSp MIRTH fll 9786889542 P.E Schedule F-2 j -- ............. N� Town of North Andover Office of the Planning Department Community Development and Services Division t � •~' 400 Osgood Stmt North Andover,Massachusetts 1718.15 Lincoln Dalo Tele h0no(978)6188-9535 Town Pfmmer Fax(979)688-9542 NOTICE OF DECISION Any appeal d uA be filed within(20)days after the Date of fling Ibis Notice In the Office of the Town Date.1%vember 15,2005 Clerk Daus of Heetings:October 4,200S,October ]A 2AOS,Nav=Ymw 1,2005,November L% 2005 Felitioa of;Mark.Yavest nwt%,Inc.,54 Jaaonnet Street;Suhe 203,Newton, 02451 PrAmLges affected:Worth Andover Assessor's Map 27,Pameb 16, 17, 18, 19,2Q.21,22,23,24,25& 26_ Refirdug-to the above petition for a Site Plan Review Special Permit within the Plastied Cammercid Dishict Overlay. The application was noticed and reviewed in accordan with the procedam far apprwai de=,'6ed in Sections S.S,20.311031,and 19 of the Town of North Andover Toning Bylaw and NG2,c.401 sM 9. So as to allow:the oxasbucf=of a 14,7661--square imt Walgreens pbar=cy bail as 11,295+- foot b ' of refaft 158 s and sQnane uilditig space, parking Farces eRba>Zsiye bndscape work 4fter public hags&e3n on the above dates,the Piawung Board voted unanimously to APMOVE the Soba Plan Review Special Permit based upno the following eondit,aus: a�IgL] Lincoln DGM To Planner, For the Planning Board 'Richard Narde]la,Chahmai John Simons,Vrce Chnirnan N Cc: Applicant James Pwmq,Clerk `�� C Q a; Aberto Angles Abutters Jack Green nP'WRicbard Rower,Alters ; Building.bepartmed �. r;-_s—t; Biu ash Conservation Depart>negt N F5 M m 13OM0 OF r1N&V-8 688.9541 AUlLDL 1G GSB-9543 CONSI,W,•MO b8R-9550 MALTU M-9598 PT—LN tWu 688.7535 12/22/2005 00:56 PAX 978 794 9828 LAW OFFICES IM009 Dec 22 05 12:55P NORTH FIND13VER 978B689S42 p_9 planned Commercial District/Site Platt Review Special Permit-Map 27,Parcels 16 through 26 Walgreens Pharmacy&ketal!Building Novcmbcr 15,2005 The Planning Board herein approves the Site Plan Review Speed Permit for the construction of 14.766+- square feet Walgreens Pharmaoy buildin&an l 1,795+square foot building consisting of retail space,158 parking spaces,and extensive landscape work. These buildings are located in the Planned Commercial Overlay District and on Map 27,Parcels 16, €7, 18, 19.20,21,22,Z1,24,25&26 when combhled rota! apprm%imately 4.42+-acres(192,548 s.fl.This Special Permit was requested by Mark Investments,Inc, 54 Aconnet Street,Suite 203,'Newton,Massachusetts 02461.This application was filed with the Planning Board on October4,2005_The applicuni submitted a complete application which was noticed and reviewed in accordance whh Sections 83, 103. 10.3 1,and-15 of the Town of North Andover Zoning Bylaw and MGL c.40A,sea.9 The Planning Board makes the following findings a8 required by the North Andover Zoning Sylaws Section 83 and 103: )FttMlIN05 OF)FACT: I. The speeifle site is an appropriate lodation for the prof eet as it is located in the Planned Commercial Overlay District and involves the construction of permitted uses within the zone. The identified parcels above were rezoned at the May 10,2004 North Andover Annual Town Meeting from Residentlal•4 zoning designation to a Planned Commercial Overlay District A copy of the approval from the Attorney General's Office dared August 24,2004 is on file at the North Andover Planning Department 2. The use as developed will not adversely affect the neighborhood as a sufficient buffer has been provided. All plantings and screening depicted on the approved plans,Sheat 3 of 11, landscape Plan, dated.Ootober 10,2005 referenced herein,shall remain in perpetuity over the life ofthe.project a. Route 114 Frnntase of Prop osed Development:Extensive landscaping has beenprovided along the Route 114,Turnpike Street frontage, A wooden guide rail will be located on the'subject property and will be extended along the entire frontage of Route 114 to the south of the project entrancelexh an Route 114.The guide rail will be approximately two feat in height. A pedestrian access/stairwel I has been created to provide a direct connection from Route 114 directly to the buildings. Pedestrian sidewalks will be constructed connecting the Rte.114 sidewalks. b- Residential Abutting Preperty_Special care has been taken to carefully screen 4 residential abutting property diroctly adjacent to the proposed deve'loprnent e. Commercial Abutting Proner^ty; There is also adequate landscaping.provided around the perimeter of the existing Eaglewood Properties so that the landscaping provides a level of distinction between the two developments but is consistent with existing vegetation Chat will remain.A retaining wall will be constructed along the Walgreens and Raglewood Properties property boundary. d, internal Isadscaaing: Landscaping will be provided within the parking islands and within the 50 foot visual buffer required Planned requ within the Plan Commercial District, 3. There will he no nuisance or serious hazaid to vehicles or pedestrians.The Town's traffic consultant, TEC,has roviewed the traffic data. The applicant has provided three aecess/egrms drives to the site: the right-in,right out turn enEnnce off Route 114,and two left and right in turn and left and right aur tum drives off Waverly Road. The applicant will also be providing the following traffic mitigation: a. The applicant will widen Rouse 114 eastbound to accommodate a i D foot shoulder to allow right Y 12/22/2005 00:•66 FAZ 978 794 8828 1AW OFFICES a 0 Dec 22 05 12:59p NORTH ANDOVER 5786885548 p.4 Planned Commercial District/Site flan Review Special Permit-Map 27,Parcels 16 through 26 Walgreens Pharmacy& Retali Building November 15,2005 turn movements info the site. , b. The applicant will widen Waverly Road to lengthen the exclusive!eft-turn lane on the northbound approach to Route 114.The widening occurs along the site's frontage and within the documented right-Df-way. a The applicant:modified the site grading in approved plans to reasonably accommodate a potential future-widening project by MassHighway to introduce two through lanes on Route 114 eastbound. 4. The landscaping approved as part of this plan meets the requirements of Section 8.4 as amended by rho Planning Board.,ofthe North Andover Zoning Bylaw. 5, The site drainage system is designed in accordance with the Town Bylaw requirements and has been reylewed and approved by the Outside Consulting!engineer,MHF Design. 6. The applicant has met the requirements of the Town for Site Plan Review as stated in Section 8-3 of the Zoning Bylaw. 7- Adequate and appropriate facilities will be provided for the proper operation ofthe proposed use. The project will provide for municipal water,sewer and utilities on rhe property to adequately address the needs ofthe project, Furthermore,the design ofthe Walgreens building and retail fanflity contains design characteristics that ase present in traditional'town centers,and nearby commercial projects in North Andover. 8. The applicant is proposing to construct a coritinuous sidewalk system along the edge of parcel boundary an Waverly Road extending to the intersection of Route 114 and Waverly RD*and to repair/replace any afthe newly constructed sidewalks that may be disturbed along Rte, 114. •A pedestrian access/stairwell will be constructed an the property fronting Route 114 and will provide pedestrian access from the southeasterly corner of Retail building Parking lot directly to Route 114. Pedestrian access will be prpvided throughout the interior of the sire through crosswalks and a sidewalk system abuttingthe proposed building.Sidewalks located within the Right of Way will be maintained by the Town of North Andover and sidewalks/pedestrian walkways Iocated on private properry will be maintained by the property owners. 9. Finally the Planning Board-finds that this project generally complies with the Town of North Andover Zoning Bylaw requirements as listed in Section 8.35 but requires conditions in order to be fliIly in compliance. The Planning Board makes the foliowing findings as required by the North Andover Zoning Bylaws Sections g y cert s i 5.1 and 15.4.1(8)(3); l;:''1 PINGS OF FACT: I. The project satisfies the Intent of the overly district by dovelo " tracts of land identified by the Town's Master Plan and Planning Board for ithe purpose of specific commercial development. 2. The project is eompaiible with the character and uses of the Town and provides significant economic benefits to the community, The design ofthe Walgreens building and retail facility contains design characteristics that are present in traditional town centers and nearby commercial projects ip North 2 i '12/22/2005 00:68 FAX 978 794 9628 L0 OFFICES RD005 Dec 22 05 12: 6Sp NORTH RNBOVER SISS889542 p. 5 Planned Commercial District l Site Pl in Review Special Permit-Map271 Parcels 16 through 26 Walgreens Pharmacy&Retail Building November 1-4,2005 Andover. , 3. The Town's traffic consultant,TEC.has reviewed the traffic and parking data and determined that the proposed project will not gentratc ex=ssive traffic flows that are excessive for the project location. Ingress and egress for traffic flow and traffic circulation within the project are designed properly so that there wi if be no serious hazard to vehicles or pedestrians.Farther,adequate parking facilities are provided for each use and structure in the development. 4. The applicant has mot the requirements of the Town for Site Plan Review as stated in Sectiort 1 S 4.l(B)(3)ofthe Zoning Hylaw. 5. The project'does not adversely affect the natural environment to the detriment of community character. The Town's stormwater management consultant, MHF Designs and Division of Public Works have reviewed the storinwater management and drainage plans and determined that the proposed project satisfies the requirements of the Town Bylaw and Department of Environmental Pmtectlota. Fin-411y the Planning-Board tends that this project generally complies with the Town of North Andover Zoning Bylaw mquiirements as listed in Sections 835 and 15.4.1(5)(3),but requires conditions in order to be fully in compli$tim The Plamdag Board hereby is an approval to the applicant provided the foilowing conditions are met: SPECIAL CONDITIONS I. Construction Monitor: The applicant shall designate an independent Construction Monitor who shall he chosen in consultation with the Planning Deparorient, The Construction Monitor must be available upon four(4)hours'notice to inapect the site with the Planning Board desigr*ed official. The Construction Monitor shall make weekly inspeotions of the project and file monthly reports to the Planning Board throughout the duration of the project.The mogthly.reports shall detail area of ruon- compliance, If any and actions taken to resolve these issues, The designated mgnitor may not be applicant and/or developer. The Weekly inspections and monthly reports provided to the Planhing Department shall include the fbllowing: a) site clearing; b) - erosion control; c) stabilizationlerosioni d) drainage and detention structures; e) on-site water and 9eWer utilitles; f) parking spaces and related pavement;. 1;) curb cuts; h) retaining walls; i) site screening, landscaping and street trees; J) site Testoration; k) final site cleanup, 2. Prior to the endorsement of the plans by the Plann Ing Board, the applicant must comply with the following conditions: a) The final plan must be reviewed and approved by the North Andover Department of public Works,the town's outside engineering consultant,the Town Planner,and must be subsequently endorsed by the Planning Board. The fatal plans must be submitted for review within ninety days of filing the decision with the Town Cleric. _ 3 12/22/2005 00:58 FAX B78 794 9628 LAW OFFICES fd1006 lees 22 OS 01:00p NORTH HNIJOVER 9786889542 p.6 Planned Commercial District/She Plan Review Special Permit-Map 27,Parcels 16 through 26 Walgreens Pharmacy&Retail Building Navcmber IS,2005 b) A site openinglcrosion control bond shall be posted(per agreement with tlte.North Andover Planning Board)in the total amount of ten thousand dollars($10.000.00)for the purpose of covering any contingencies that might affect the public Welfare such as sire-opening,clearing, erosion control and perfortnance ofany other condition contained herein. The Guarantee shall be in the form ofa check made payable to.the Town ofNorth Andover'eserow account. c)' All site plan applicailon and escrow fees must be paid In full and verified by the Town Planner. 3. Prior to the start of construction: a) A pre-construction meeting.shall be held with the applicant,Town Planner,Director of Engineering from the Department of Public Works,and the designered Construction Monitor as listed In Conditions*1-The purpose of this meeting will be to review the phasing of the development and for the applicant to submit a construction sobedulc for the purpose of tracking the construction and informing the public of anticipated activities on the site. The applicant Will also discuss the traffic mitigation and any possible road closures and/or traffic mitigation which may occur as a result ofthe installation. b) During construction,the sire must be kept clean and swept regularly throughout the construction process. Dust mitigation,dewatering and roadway cleaning must be performed weakly,or more frequently as dictated by site and weather conditions and as directed by the Town Plainer. c) The developer must coordinate with the Division of Public Works to perform Inspectional services for the construction of this project.Inspectional services will Include but are not limited to the following: Installation of on site sewer,water and drainage 1`acilities,fill material Installation,pavement,curbing and sidewalk Installation,etc, d) A construction schedule shall be submitted to the Planning Staff for the purpose oftraoking the construction and informing the public of.anticipated activities on the site. e) It shall be the responsibility of the developer to assure that no erosion on the sire shall occur which will cause deposition of soft orsediment upon adjacent properties or public ways,except as normally ancillary to offsite sewer or other off-site constructiuq. Off-site erosion will be a basis for the Planning Board making a finding that the project is not in compliance with the plan; d ornP provided,however,that the planning Beard shall give the developer written notice of any such finding and ten days to curs said condition. f) Yellow"Caution"tape must be placed along the limit of clearing and grading as shown on the plan. The Town's Outside lrngineering Consultant must be contacted priorto any out.Ung and or clearing on site. g) A Performance Guarantee in an amount to be determined by rbc North Andover Department of Public Works shall be:paced to ensure eompIctionofthe work in accordance with the Plans approved as part of this conditional approval. The bond must be in the form acceptable to the North Andover Planning Board. Items covered by the Bond may include, but shall not be limited to: ' 1.) es-builtdrawings; IL) on-site sewers and utilities; iii.) curb ctas and parking spaces; Iv.) lot and site erasion control; 4 12/22/2005 00:66 FAX 978 794 9628 LAW OFFICES 1@007 neo 22 05 a1:00p NORTH RKDOVER 978Bt389s42 p,7 Planned Commercial District)Site Plan Review Special Permit-Map 27,Parcels 16 through 26 Walgreens Pharmacy&Retail Building November 15,2005 v.) site screening and surdeec fres; vi.) drainage facilities; vii.) site restoration; Viii.) final site cleanup. h) The applicant shall provide the Planning Board with copies of permits,plans and decisions received from all other town boards,commissions or departments_ In addition to receipt of these plans,the applicant shall supply the Town Planner with a letter oudining any and all revisions resulting from said permits,plans and decisions received from other town boards, commissions and departmentsthat dItl<'er from the approved plans referenced in Condition 2' 1) Building permits must be obtained for retaining walls over 4' high. 4. Prior to FORM U verification(Building Permit issuance): a) The Planning Board must endorse the final site plan mylars and three(3)copies of the signed plans must be delivered to the Planning Department b) One certified copy ofthe recorded decision must be'submitted to the Planning Department. c) The applicant shall adhere to the following requirements of the North Andover Fire Department and the North Andover Building Department-,, 1.) All structures must contain a commercial fire sprinkler system. The plans and hydraulic calculations far each commercial system shall be submitted-for review and approval by the North Andover Fire Department. Plans and hydraulic calculations for each commercial system must also be supplied za the Building Department. d) An as-built plan roust be submitted to the Division of Public Works for review and appro'val prior to acceptance of the sewer appurtenances for use. e) Maintenance easements must be submitted for Town maintenance of the sidewalks located within the Rnate 114 Right of Way. 5. Mor to verification of the Certificate ofOccupnncy: a) The applicant must submit a letter from the arclriteaL and engineer of the project stating that the building,signs,landscaping,lighting and situ layout substantially comply with to plans referenced at the end of this decision as endorsed by the Planning Board. b) The Planning Staff shall approve all artificial lighting used to illuminate the site. All Iighting shall be built in accordance with the documentation and approved plans as referenced, c) All lighting shall kava underground wiring and shall be so arranged that all direct rays from such lighting WIs entirely within the site and shall be shielded or recessed so as not to sliine upon abutting properties or streem The Planning Staff shall review the site. Any changes to the approved lighting pian as may be reasonably requited by the Planning Staff=shall be made at the owner's expense.All rile lighting shall provide security for the site and structures however it must not create any glare or project any light bnto adjacent residential properties or oncoming traffic, d) The commercial fire sprinkler systems must ba installed in accordance with referenced standard NFPA 13D and In accordance with 780 CMR,Chapter 9 of the Massachusetts State Building 5 • Planned Commercial District/Site Plan Review Special Permit-;Nap 27,Parcels 16 through 26 Walgreens Pharmacy& Retail Building November 15,2005 Code. Certification that file systems have been installed properly in accordance with the above referenced regulations must be provided from both the North Andover Fire Department and the North Andover Building Department to the applicant. Tile applicant must then provide this certification to the North Andover Planning Department. e) Any and all signage plans for the site which have been provided to the Planning Board during the site plan rev iew process were presented for the materials of the signage only. Any signage plans must conform to Section 6,Signage and Outdoor Lighting Regulations of the Town of North Andover Zoning Bylaw and must be approved by the Building Department. In no w•ay is the applicant to construe that the Planning Board has reviewed and approved the signage plans for Zoning Compliance as that is the jurisdiction of the Building Department. All additional permits must be obtained by the applicant prior to construction. Signage plans provided to the Planning Board are included in the plans referenced in Condition 22. fl The applicant must'supply a copy of the approved Massachusetts Highway Department permits necessary for access and construction of the site to the Planning Department. Failure to obtain all.the necessary Massachusetts Highway Department permits for construction and access to the site,in strict accordance with the approved plans,will result in denial of an occupancy permit for any and all buildings depicted in the plans referenced herein. In the event the Massachusetts Highway Department requires a change in the access/egress other than what was approved,the applicant may submit revised plans as referenced in Condition 22 contained herein. 6. Prior fo the final release of security: a) The Planning Staff shall review the site. Any screening as may be reasonably required by the Planning Staff will be added at the applicant's expense. b) A final as-built plan showing final topography,the location of all on-site utilities,structures,curb cuts,parking spaces and drainage facilities must be submitted to and reviewed by the Planning Staff and the Division of Public Works,Written certification from a Professional Engih'eer should be submitted in a•letter signed and stamped from the Engineer stating all work has been conducted in accordance with the approved plans and Special Permit. Any and all changes from the approved plans should be clearly noted in the certification letter. 7. Any stockpiling of materials(dirt,wood,construction material,etc.)must be shown on a plan and reviewed-and a' -tov€d 15 ,tire Planning Staff,-A pp }' g nyapproved p'rlesmustremain•covered-atal-f times to minimize any dust problems that may occur with adjacent properties. Any stock piles to remain for longer than one week must be fenced off with siltation fence and covered, 8. In an effort to reduce noise levels,the applicant shall keep in optimum working order,through regular maintenance,any and all equipment that shall emanate sounds from the structures or site. 9. All site work and external construction activity shall be limited.to between 7:00 a.m•and 7:00 p.m. Monday through Friday and between 8:00 a.m.and 5:00 p.m.on Saturday. 10. Any plants,trees or shrubs that have been incorporated into the Landscape Plan approved in this decision that die shall be replaced by the owner. All plantings and screening depicted on the approved plans shall remain in perpetuity over the life of the project. Reasonable substitutions may be allowed as determined by the Town Planner,but size and coverage must be maintained throughout 6 12/22/2005 00:56 FAX 978 794 9828 LAW OFFICES @1008 ]ea 22 as 01: Clop MONTH RMDOVEt2 9788889548 P.g Planned Commercial District 1 Site Plan RevieW Special Permit-Map 27,Parcels 16 through 26 Walgreens Pharmacy&Retail Building NoVembw 15,2005 the duration of the project.The height of the specified pldnts,must be measured from final grade,not from the'base of tlae root ball. H.. Thz contractor shal t contact Dig Safe at least M hours prior to commencing any excavation. 12. Gas,Telephone,Cable and Electric utilities shall be installed underground as specified by the respective utility companies, . 13- No open burning shall be done except:as is permitzed during burning season under the Fire Department regulations, 14. No underground fuel storage shall be installed on the;project site. 15. The provisions of this conditional approval shall apply to and be binding upon the applicant,its employees and all successors and assigns in interest or control. I6_ All blasting shall be in complete compliance•with regulations and procedures required by die North Andover Fire Department, The appliaantshall offera pre-blastsurvey to any structure within 1000' of the blast site. 17. A11 snow storage that is stockpiled shall be located in the snow stockpile areas denoted on Sheer3 of I l of the record plan r1evised October 10 2005-Snow storage shall not result i >� n the loss of parking spaces except daring prompt removal operations. if stockpile areas are e oat sufficient nt to handle the snow storagsnow must be mrnoved from om the shb, 18- Truck deliveries for goods and marehandise shall occur only between the hours of 6 a.m: P and l[ ori seven days a week, 19, The Planning Board expects that the project will be built in accordance with the herein referenced plans and specificatlons and in full accordance with the designelements and&atums ' displayed and discussed during the Public Bearings. Any revisions shall be submitted to the Town.Planner for review in accordance with Section 8.3.8 of the.honing Bylaw. If the Town Planner In his/her sale discretion deems these revisions to be substantial as defined in Section 8,3.8,the applicant must submit mvised plans to the Planning Board for approval. 21. This Special Permit approval shall be deemed to have lapsed afttrNovember 15 2007 two ears from the date erinit ted - � 1; Y p granted)tm[ess subSCanttal use or construction has commenced. Substantial use or construction will be determined by a majority vote of the Planning Board. 22.The following information Shap be deemed part of the decision: Pians Titled: The Developmerit plans for Walgreens Store#10209 Proposed Walgreen's/Retail Store Prepared,For: Mark Investments,Inc. 54 Jaconnet Street Suite 203 Newton,Massachusetts 02461 Prepared By: Bohler Engineering 352 Turnpike Poad Southborough, NIA 01772 7 112/22/2005 00:57 PAZ 978. 794 9928 LAW OFFICES 1009 • 0ec 22 05 01 :00p NORTH RNDOVER 8755555542 p.9 Plouned Commemia[Distriet/Ske Plan Review Special Permit-Map 27,Parcels 16 throggh 26 Walgreens Pharmacy&Retail Building November IS,2005 Scale: I=30' Date: September 13,21005, Revised November 7, 2005 Sheets: I through 1 l Reports Titled: Drainage/Stormwater Management Report Proposed Walgreens I Xtetail Store North Andover,Massachusetts Prepared For. Mark investments, Ino_ 54 daconndt Street Suite 203 Newton,Massachusetts 02461 Prepared By: Bohler Engineering 352 Turnpike Road Southborough,MA 01772 Data: August 5,2005 Reports Titled: Traffic Impact and Access Study Proposed Walgreen's Pharmocy North Andover,Massachusetts Prepared For. Mark lnvestnients,lnb. 541uconnet Street Suite 203 Nmvton,Massachusetts 02461 Prepared By: Vanassee&Assoclaies Transportatlon Engineers and Planners ' 10 New England Business Center Drive,Suite 314 Y` Andover,MA 0 18 10 Date: August 2005 Elevations: !~North Andover Massachusetts Proposed P-AaU Stores Prepared By: Edwards and Kelcey Architects and Engineers 343 Congress Street,Suite 2100 Boston, MA 02210 Date: October 13,2005 Sheets: ALL,A1.2 S Schedule F-3 SSMiftRomney KerryHealey Joh no LuisaP�sky A� HIGHWAY «� �v it MASSACHUSETTS PERMIT-NORTH ANDOVER EXECUTIVE OFFICE OF TRANSPORTATION PPDU, Driveway(Commercial), Roadway Improvements Permit#: 4-2006-0144 Subject to all the terms, conditions, and restrictions printed or written below, permission is hereby granted to MARK INVESTMENT,INC. to enter upon the State Highway known as ROUTE 114 (SALEM TURNPIKE)for the purpose of constructing a driveway approach between stations 27+64 and 28+60 at the westerly location line and flaring to stations 27+40 and 28+81 at the edge of the roadway with an island between stations 28+03 and 28+29.Also,to construct roadway and sidewalk improvements and close four driveways between stations 24+15 and 30+85,all as shown on the plans submitted and on file in the District Four Permits Office by Vanasse& Associates,Inc.,titled "Transportation Improvement Project,Salem Turnpike(Route 114) and Waverly Road", dated March,2006, and by Bohler Engineering,titled "Site Development Plans,for, Walgreens,Store#1020911,dated August 4,2005,with a revised date of January 10,2006. WORK HOURS: 9:00 A.M.thru 3:00 P.M. Monday thru Friday. The drive shall be surfaced with Bituminous Concrete,Type I and shall be comprised of a 3" Class I Bituminous Concrete Base Course and two (2) 11/2" courses ofClass I Bituminous Concrete Pavement for a total depth of 6" with a foundation of at least 6" of compacted gravel. The finished surface shall butt into n i a d not overlap the existing highway grade at the road edge. ; The drive shall be graded so that no water shall enter the State Highway layout nor pond or collect thereon,including the roadway. The curb shall be placed in conjunction with or immediately before the completion of the driveway surfacing. Curbing and/or bituminous concrete removed from within the proposed driveway limits shall be disposed of outside the State Highway location lines. The Grantee shall install either granite or bituminous concrete curbing outlining the limits of the driveway approaches. The part of the drive located within the limits of the State Highway shall be maintained by the Grantee, at his own expense and to the satisfaction of the District Highway Director or an authorized Representative. If the sidewalk area is disturbed,it shall be restored,full width, in kind a minimum of five feet beyond any disturbed area. Page 1 of 6 Massachusetts Highway Department•District 4 •519 Appleton Street, Arlington, MA 02476.(781) 641-8300 The concrete sidewalks shall be placed in alternate ilabs 30 feet in length. The slabs shall be separated by transverse preformed expansion joint filler 1/2 inch in thickness(shall conform to AASHTO-M153). Preformed expansion joint filler shall be placed adjacent to or around existing structures also. On the foundation as specified above,the concrete (Air-Entrained 4000 psi,3/4",610) shall be placed in such quantity that after being thoroughly consolidated in place it shall be 4 inches in depth. At driveways,the sidewalk shall be 6 inches in depth. The Grantee shall notify the District Permit Engineer or an authorized Representative at 781.641.8451,two (2)working days prior to the start of work. No work shall be authorized without said notification. The Grantee shall contact the Area Contact Person (7:30 AM to 4:00 PM Monday through Friday ONLY) at 781.387.0255, forty-eight hours prior to the start of work. The Grantee shall notify Dig-Safe at 1.888.344.7233 at least 72 hours prior to the start of work for the purpose of identifying the location of underground utilities. Dig-Safe# To be obtained prior to the commencement of work. A copy of this permit must be on the job site at all times for inspection. Failure to have this permit available will result in suspension of the rights granted by this permit: The Completion of Work Form shall be sent to the Grantor via certified mail as soon as possible after the completion of the physical work. All work shall be in compliance with the 1988 Edition of the "Massachusetts Highway Department Standard Specifications for Highways and Bridges",and Supplemental Specifications Dated December 11, 2002. Sidewalks and Wheelchair ramps shall be constructed in accordance with 521 CMR Rules and Regulations of the Architectural Access Board(AAB)and Americans with Disabilities Act (ADA), (Sections 20.2 and 21.1), and the MassHighway Wheelchair Ramp Standards booklet effective 10/8/97,and the Construction and Traffic Standards Details, 1996 Metric Edition as revised. Provisions shall be made for the safety and protection of Pedestrian Traffic during the construction period. No equipment,trucks,workers, etc., shall occupy any part of the traveled way except between the hours of 9:00 A.M. and 3:00 P.M. Monday thru Friday. Except for an emergency,in no case Page 2 of 6 i will operations exceed the specified hours without the prior approval of the District Highway Director or an authorized Representative. This includes the placement of traffic control devices, vehicles, equipment or anything that restricts the flow of traffic through the construction zone. No work shall be done under the terms of this permit on Saturdays, Sundays or Holidays. No work will be performed on the day before or the day after a long weekend which involves a holiday on any highway,roadway or property under the control of the Massachusetts Highway g Y Department or in areas where the work would adversely impact the normal flow of traffic on the State Highway System, without permission of the District Highway Director or an authorized Representative. Uniformed Police Officers shall be in attendance at all times while work is being done under this permit. All personnel who are working on the traveled way or breakdown lanes shall wear safety vests and hard hats. The furnishing and erecting of all required signs and traffic safety devices shall be the responsibility of the Grantee. All signs and devices shall conform to the 2003 edition of the Manual on Uniform Traffic Control Devices (MUTCD)with the Commonwealth of Massachusetts Amendments. It t Cones and non-reflecting warning devices shall not be left in operating position on the highway when the daytime operations have ceased. If it becomes necessary for this Department to remove any construction warning devices or their appurtenances from the project due to negligence by the Grantee all costs for this work will be charged to the Grantee. Flashing arrow boards will be used at all times when operations occupy the roadway and shall be available for use at all times. All warning devices shall be subject to removal,replacement and repositioning by the Grantee as often as deemed necessary b theEngineer. �' Y m a Free flow of traffic shall be maintained at all times. It is imperative that construction operations are managed so that motorists travel "delay" is minimized. At any time during the operation when a traffic delay of over twelve (12)minutes occurs and the situation is worsening,the Grantee will begin to suspend operations. When in the opinion of the Engineer,this operation constitutes a hazard to traffic in any area, the Grantee may be required to suspend operations during certain hours and to remove his Page 3 of 6 equipment from the roadway. Care shall be exercised so as not to disturb any existing State Highway Traffic Duct Systems or any underground structures that exist. If said system is disturbed, it shall be restored immediately to its original condition. Also any damaged Traffic lines shall be restored to their original condition. All expenses for restoring conditions shall be charged to the Grantee. The Grantee will be responsible for any damage caused by his operation to curbing, structures, roadway, etc. The Grantee shall be responsible for any settlement which may occur as a result of the work done under this permit. The Grantee shall assume full responsibility for the structural integrity of any trench located within the MassHighway Layout. This responsibility shall remain in place for a period of three (3)years after the completion of the physical work,this time frame starts when the Grantor receives the Completion of work Form from the Grantee. The Grantee shall respond to trench maintenance requests by the District Highway Director or an authorized Representative within two (2) working days.Non-response within the specified time will result in the required maintenance work being done by the Grantor,with all the expenses charged to the Grantee. Failure to respond to trench maintenance shall result in denial of future Permit requests. The Grantee shall be responsible for any ponding of water which may develop within the State Highway Layout, caused by this work. No work shall be authorized during snow, sleet, or ice storms and subsequent snow removal operations. No bituminous concrete shall be installed between November 15th and April 15th. The State Highway Layout shall be kept clean of debris at all times and shall be thoroughly cleaned at the completion of this permit. At the completion of this permit,all disturbed areas shall be restored to a condition equal or similar to that which existed prior to the work. Whenever trenches are cut in the traveled way the surface shall be cut in straight lines using a concrete saw or other accepted methods equipped to cut the full depth surfacing and including the reinforcing steel on concrete roadways. The excavation shall only be between these lines. The cutting operation shall not be done with a backhoe, gradall or any type of ripping equipment. Page 4 of 6 The Grantee shall utilize Controlled Density Fill (CDF7 whenever trenches are cut in the traveled way. Controlled Density Fill (CDF) shall meet the requirements of the Massachusetts Department of Public Works Standard Specifications for Highways and Bridges, 1988 Edition and Supplemental Specifications dated December 11,2002. CDF must be batched at a concrete plant, is flowable, requires no vibrating,and the finishedproduct must be excavatable without the use of power tools. The material shall flow under and around the pipe or conduit, providing uniform support without leaving voids. Flowable mortar shall be discharged from the mixer by a reasonable means into the trench area to be filled. Filling operations shall proceed simultaneously on both sides of pipe or conduit so that the two fills are kept at approximately the same elevation at all times. An external load shall be applied to the pipe or conduit,sufficient to hold it in place before filling. A permanent patch shall then be placed consisting of 2" of binder and 2" of modified top (Class I Bituminous Concrete Pavement-Type I-1)to meet the existing pavement surface grade. After the work has been completed the Grantee shall use the Infra-Red Method'as a surface treatment a minimum of one (1) and the limits of the trench. foot beyond Any grass areas disturbed within the State Highway Layout shall be graded, loamed to a depth of 4" and seeded. It shall be the responsibility of the Grantee to replace all a . P h' p pavement markings which have been g disturbed by this permit. These pavement markings shall be restored within ten(10)days after this work is performed or as deemed necessary by the District Highway Director or an authorized Representative. Any bound marked MHB shall not be removed or disturbed. If it becomes necessary to remove and reset any highway bounds then the Grantee shall hire a Registered Professional Land Surveyor to perform this work. It shall be the responsibility of this land surveyor to submit to this office a statement in writing and a plan containing his stamp and signature showing that said work has been performed. Grantee assumes all risk associated with any environmental condition within the subject property and shall be solely responsible for all costs associated with evaluating,assessing, and remediating, in accordance with all applicable laws, any environmental contamination(1) discovered during Grantee's work or activities under this permit to the extent such evaluation, assessment or remediation is required for Grantee's work, or(2)resulting from Grantee's work Page 5 of 6 � or activities under this permit. Grantee shall notify Grantor of any such assessment and remediation activities. This permit is issued with the stipulation that it may be modified or revoked at any time at the discretion of the District Four Highway Director or an authorized Representative without rendering said Department or the Commonwealth of Massachusetts liable in any way. The Grantee shall indemnify and save harmless the Commonwealth and its Highway Department against all suits,claims or liability of every name and nature arising at any time out of or in consequence of the acts of the Grantee in the performance of the work covered by this permit and or failure to comply with terms and conditions of the permit whether by themselves or their employees or subcontractors. The Grantee shall provide to the Commonwealth at no cost, all land under its control, as shown on the plans necessary to complete the improvements contemplated under the permit. The Grantee shall prepare all necessary documentation,in a form acceptable and to the satisfaction of MassHighway, associated with the alteration of the State Highway Layout. Said Layout alteration shall be fully executed within 6 months from the date of the issuance or the permit shall become null and void. APPLICANT'S REPRESENTATIVE: Jonathan A.Rockwell,P.E. TELEPHONE NUMBER: (978)474-8800 No work shall be done under this permit until the Grantee has communicated with and received instructions from the District Highway Director of the Massachusetts Highway g Y Department at 519 Appleton Street,Arlington, Ma. 02476-7009. The permit shall be void unless the work herein contemplated shall have been completed before April 13,2007. Dated at Arlington this 13th day of April,2006. Massachusetts Highway Department, BY Pa 4�6 Patricia A.Leavenworth,P.E. STM/stm District Highway Director Page 6 of 6 1 H��� Ay Mitt Romney Kerry Healey John Cogliano Luisa Paiewonsky Governor lt.Governor Secretary Commissioner Completion Of Work You may proceed with the work described within this Permit, which has been issued to you by the Massachusetts Highway Department (MassHighway). Your attention is called to the time frame allowed for completion of said work. If an extension of time is required or alterations to any of the permit conditions becomes necessary, application for such changes should be made as soon as possible to the District Highway Director. Upon completion of the work, please fill out this form and forward it to: Massachusetts Highway Department, District Four, 519 Appleton Street, Arlington, MA 02476. IF THIS NOTICE IS NOT RETURNED.THE LIABILITY ASSUMED UNDER THIS PERMIT WILL CONTINUE. By Authority of the Massachusetts Highway Department District Four Highway Director. Dear Sir. 1 hereby notify you that the work outlined and authorized under the terms and conditions of MHD Permit No. has been completed in accordance with all requirements of MassHighway. The date of completion: Permit Grantee: Signed: City/Town: Date: Massachusetts Highway Department• District 4 .. 519 Appleton Street,Arlington, MA 02476 •(781)641-8300 Schedule G Partial Waiver and Subordination of Lien COMMONWEALTH OF MASSACHUSETTS: Date: COUNTY Application for Payment No.: OWNER: CONTRACTOR: LENDER/MORTGAGEE: Bank of America,N.A. 1. Original Contact Amount: $ 2. Approved Change Orders: $ 3. Adjusted Gross Contract Amount: $ (line 1 plus 2) 4. Completed to Date: $ 5. Less Retainage: $ 6. Total Payable to Date: $ (line 4 less line 5) $ 7. Less Previous Payments: $ y, 8. Current Amount Due: $ (line 6 less line 7) 9. Pending Change Orders: $ 10. Disputed Claims: $ The undersigned who has a contract with for furnishing labor or materials or both labor and materials or rental equipment,appliances or tools for the erection, alteration, repair or removal of a building or structure or other improvement of real property known and identified as ,MA, and owned by Borrower, upon receipt of ($ )in payment of an invoice/requisition/application for payment dated does hereby: (A) waive any and all liens and right of lien on such real property for labor or materials, or both labor and materials, or rental equipment, appliances or tools,performed or furnished through the following date: (payment period), except for retainage, unpaid agreed or pending change orders, and disputed claims as stated above; and (B) subordinate any and all liens and right of lien to secure payment for such unpaid, agreed or pending change orders and disputed claims, and such further labor or materials, or both labor and materials, or rental equipment, appliances or tools, except for retainage, performed or furnished at any time through the twenty-fifth day after the end of the above payment period, to the extent of the amount actually advanced by the above lender/mortgagee through such twenty- fifth day. Signed under the penalties of perjury this day of ,200_. By STATE OF /COMMONWEALTH OF MASSACHUSETTS County, ss. On this day of , 200_before me,the undersigned Notary Public, personally appeared the above-named ,proved to me by satisfactory evidence of identification, being(check whichever applies): ❑ driver's license or other state or federal governmental document bearing a photographic image, ❑ oath or affirmation of a credible witness known to me who knows the above signatory,or ❑ my own personal knowledge of the identity of the signatory,to be the person whose name is signed above, and acknowledged the foregoing to be signed by voluntarily for its stated purpose, as the duly-authorized of (Print Name of Notary Public): My commission expires: Qualified in the Leall 7l SUPPLEMENTAL CONDITIONS Articles set forth herein are amendments to the corresponding Abbreviated Standard Form of Agreement attached hereto and of which these Supplemental Conditions constitute a part. ARTICLE 2 • 2 . 3 : The following is hereby added at the end of existing Article 2 . 3 : "The Contractor shall achieve Final Completion of the entire Work not later than 30 days after Substantial Completion" . 2 . 4 : The following is hereby added as new Article 2 . 4 : "The Contractor acknowledges and recognizes that the Owner is entitled to full and beneficial occupancy and use of the completed Work following expiration of the Contract Time and that the Owner has entered into, or will enter into, binding agreements demising all or part of the premises where Work is to be completed based upon the Contractor' s achieving Substantial Completion of the Work within the Contract Time . The Contractor further acknowledges and agrees that if the Contractor fails to complete substantially or cause the Substantial Completion of any portion of the Work within the Contract Time, the Owner will sustain extensive damages and serious loss as a result of such failure . The exact amount of such damages will , be extremely difficult to ascertain. Therefore, the Owner and the Contractor agree that if the Contractor fails to achieve Substantial Completion of the Work within the Contract Time, the Owner shall be entitled to retain or recover from the Contractor, as liquidated damages and not as a penalty, the following per diem amounts commencing upon the seventh (7th) day following expiration of the Contract Time and continuing until the actual Date of Substantial Completion. Such liquidated damages are hereby agreed to be a reasonable pre-estimate of damages the Owner will incur as a result of delayed completion of the Work: $1, 000 . 00" per day. ARTICLE 3 : 3 . 1 : The following is hereby added at the end of existing Article 3 . 1 : "The Contract Sum includes all General Conditions and the Contractor' s overhead and profit" . ARTICLE 4 : 4 . 1 : The following hereby is added at the end of existing Article 4 . 1 : "Payments shall be based upon the approved Schedule t i of Values, not to exceed ninety percent ( 900 ) of the value of the labor and materials incorporated in the Work as estimated by Architect less the aggregate of previous payments . ARTICLE 6 • 6 . 3 : The following hereby is added at the end of existing Article 6 . 3 : "Any article, item, process or equipment needed for completion of the Work that is reasonably implied (in accordance with industry standards ) , but not expressly set forth - in the Contract Documents shall be furnished without extra cost by Contractor to Owner. Items called for in the Specifications or shown on sketches shall be furnished as though both shown and specified. " 6 . 6 : The following hereby is added as new Article 6 . 6 : Sections of the Specifications are set out for the convenience of Contractor and shall not be interpreted as dividing trades and/or Subcontractors into work sections . " 6 . 7 : The following is hereby added as new Article 6 . 7 : The terms "knowledge" , "recognize" , and "discovery", their respective derivatives, and similar terms in the Contract Documents, as used in reference to the Contractor, shall be interpreted to mean that which the Contract knows (or should know) , recognizes (or should recognize) , and discovers (or should discover) in exercising the care, skill, and diligence requ � ed by the Contract Document. Analogously, the expression "reasonably inferable" and similar terms in the Contract Documents shall be interpreted to mean reasonably inferable by a contractor familiar with the Project and exercising the care, skill, and diligence required of the Contractor by the Contract Documents in accordance with industry standards" . ARTICLE 7 • 7 . 4 : The following hereby is added as new Article 7 . 4 : "Owner shall have no liability to Contractor for risk of loss or damage to or security of materials, equipment, tools, or any other property of Contractor at the Project site, all of which shall be stored and used there solely at the risk of Contractor. Without limitation, Contractor shall insure the same to the extent of their replacement cost with policies of insurance covering fire and the so-called extended coverage casualties . Contractor shall comply with all security rules of general applicability promulgated by Owner. Without limitation, all insurance required or in fact carried by Contractor and its Subcontractors, materialmen and suppliers shall contain a 2 y provision, in form and substance satisfactory to Owner, wherein each such insurer waives any rights of subrogation it may have against Owner, Owner ' s lender, if any, and Architect. " 7 . 5 : The following hereby is added -as new Article 7 . 5 : "In no event shall the Owner have control over, charge of, or any responsibility for construction means, methods , techniques, sequences, or procedures or for safety precautions and programs in connection with the Work, notwithstanding any of the rights and authority granted the Owner in the Contract Documents ARTICLE 8 : 8 . 2 . 3 : The following hereby is added as new Article 8 . 2 . 3 : "Contractor shall keep on the Project site at all times and during the progress of the Work, a competent superintendent and any necessary assistants, who are familiar with the type of work being done, are satisfactory to Owner, devote all of their time to the Project and have no duties other than in connection with the Project. The superintendent shall represent Contractor in its absence and all directions given to said superintendent shall be as binding as if given to Contractor. " 8 . 2 . 4 : The following hereby is added as new Article 8 . 2 . 4 : "All of Contractor ' s personnel at the Project site, including without limitation the superintendent and any necessary assistants, shall be housed in a suitable field office furnished by Contractor at Contractor ' s sole cost and expense . Toilet and sanitary facilities will be furnished by Contractor at Contractor ' s sole cost and expense for workmen. Contractor shall keep the suitable field office and such toilet and sanitary facilities in a neat, clean and sanitary condition. " 8 . 3 . 5 : The following hereby is added as new Article 8 . 3 . 5 : "Materials furnished shall be those specified or equivalent. The term equivalent shall mean equal in the opinion of Architect, who shall judge appearance as well 'as material quality. Contractor shall have all substitutions approved in writing by Architect before they are used or incorporated into the Project and shall submit copies of required data for approval by Owner and Architect. " 8 . 4 : The following hereby is added as new Article 8 . 4 : "The Contractor agrees to assign to the Owner at the time of substantial completion of the Work any and all manufacturer' s warranties relating to materials and labor used in the Work and further agrees to perform the Work in such manner so as to preserve any and all such manufacturer' s warranties" . 3 i' 8 . 7 . 3 : The following hereby is added as new Article 8 . 7 . 3 : "Seven bound copies of Product Data sheets, Installation instructions and certificates for all materials specified and furnished on the Project will be submitted to Owner by Contractor for informational purposes . " 8 . 8 : The following hereby is added at the end of existing Article 8 . 8 : "Any enclosed or secured areas required for the storage of materials shall be furnished by and be the sole responsibility of Contractor. Contractor shall store materials and equipment in the area provided and shall protect storage and work areas from damage. " 8 . 10 : The following hereby is added at the end of existing Article 8 . 10 : "If the Contractor fails to clean up the site within seven ( 7 ) days of having received written notice of such failure from the Owner, the Owner may so clean up the site, and .the cost thereof, together with a markup of fifteen percent ( 150 ) shall be charged to the Contractor" . 8 . 13 . 3 : The following hereby is added as New Article 8 . 13 . 3 : "The Contractor' s indemnity obligations under this Paragraph 18 . 13 shall also specifically include, without limitation, all fines, penalties, damages, liability, costs, expenses (including, without limitation, reasonable attorneys ' fees) .'and punitive damages (if any) arising out of, or in connection with, any (i) violation of or failure to comply with any law, statute, ordinance, rule, regulation, code, or requirement of a public authority that bears upon the performance of the Work by the Contractor, a Subcontractor, or any person or entity for whom either is responsible, (ii) means, methods, procedures, techniques, or sequences of execution or performance of the Work, (iii) failure to secure and pay for permits, fees, approvals, licenses, and inspections as required under the Contract Documents, or any violation of any permit or other approval of a public authority applicable to the -Work by the Contractor, a Subcontractor, or any person or entity for whom either is responsible, and (iv) claim by any subcontractor or sub-subcontractor against any indemnified party in connection with payments due to such subcontractor or sub-subcontractor by the Contractor or otherwise in connection with the subcontract between any such parties, whether or not a mechanic ' s lien is filed in connection therewith. " 8 . 14 : The following hereby is added as new Article 8 . 14 : "a. Contractor shall provide all scaffolding, tools, rigging and other appurtenances for the proper execution of the Contract 4 Documents and shall take all necessary precautions for the protection of all persons, property and the Work. b. Contractor shall be responsible for any and all damage due to the execution of the Work and shall properly repair any and all damage without expense to Owner including without limitation any damage to the snow fence at the Project site. c . Contractor shall take all necessary precautions to avoid danger from fire . " ARTICLE 9 : 9 . 10. 4 : The following hereby is added at the end of existing Article 9 . 10 . 4 : "Owner and Contractor do hereby agree that claims, disputes and other matters in question arising out of or relating to the Contract Documents shall not be decided by arbitration, rather, either party shall be entitled to commence and prosecute litigation in any court of competent jurisdiction in the state where the project is located only. WHETHER OR NOT ANY SUCH MATTER IS REFERRED BY SUCH COURT TO A MASTER, THE PARTIES HERETO SHALL, AND HEREBY DO, WAIVE TRIAL BY JURY IN ANY JUDICIAL ACTION OR PROCEEDING COMMENCED AND DULY PROSECUTED IN ACCORDANCE WITH THIS ARTICLE 20 . 12 . The failure of the Contractor to meet the terms of Articles 14 . 3 . 1 or 14 . 1 . 2 , or Supplemental Conditions Article 14 . 1 . 1 or any other general or supplemental conditions article bearing upon payment of subcontractors or suppliers or the resolution of a mechanics lien upon the property, shall not be construed as ?a dispute to be mediated, and shall not be subject to the general provisions of Articles 9 . 10 . 1, 9 . 10 . 2 , or 9 . 10 . 3 . " 9 . 12 : The following hereby is added as new Article 9 . 12 : "Owner and/or Architect may have a part-time or. full-time representative on-site, including without limitation, a Clerk of the Works . " ARTICLE 10 • 10 . 4 : The following hereby is added as new Article 10 . 4 : "If reasonably requested by Owner or Owner' s lender, Contractor shall deliver to Owner a copy of each subcontract or other agreement for labor, materials or equipment to be incorporated in the Work or used or employed in the performance of the Work. Contractor shall include in any subcontract or other agreement, written or oral, for labor, materials or equipment to be incorporated in the Work, or used or employed in the performance of the Work hereunder, a provision which shall provide that (a) all of the terms and conditions of the Contract Documents are incorporated in such subcontracts or agreements, (b) prior to 5 terminating any such subcontract or agreement due to a default or alleged default of Contractor, the Subcontractor shall give ten ( 10 ) days prior written notice to Owner, and Owner shall have the right, but not the obligation, to cure any such default of Contractor and (c ) that in the event of termination thereof, such parties shall upon demand of Owner render performance directly to Owner and such subcontract or agreement shall be treated as a contract between Owner and such Subcontractor as to all obligations thereafter accruing. " 10 . 5 : The following hereby is added as new Article 10 . 5 : "Contractor agrees to perform all Work on the Project with competent labor that will work harmoniously with other elements of labor involved in the Work. Contractor promptly shall discharge from the Work any Subcontractor, supplier or employee who Owner or Architect finds not competent or compatible with other personnel on the job, or whose employment is reasonably objected to by Owner or Architect, or who, in Architect ' s sole judgment, interferes with the efficient performance of the Work on the Project. " ARTICLE 11 : 11 . 4 : The following hereby is added as new Article 11 . 4 : "In addition to rights granted to Owner pursuant to ' Article 4 . 6, Owner may withhold from any payment due to Contractor all sums due to Owner from Contractor however arising, joint and several, absolute or contingent, direct or indirect, now or hereafter arising, including without limitation any costs and/or expenses incurred by Owner, the payment of which costs and/or expenses is due another contractor as a result of Contractor ' s improper performance of the Work. " 11 . 5 . The following Y hereb is added as new Article 11 . 5 . If Contractor shall fail to perform or complete the Work in the manner herein required, whereby damage or injury may result to persons or property, do or fail to do anything whereby safety or proper construction may be endangered or if Contractor shall breach any covenant, condition, or warranty of the Contract Documents, Contractor shall be deemed to be in default. If any such breach of performance is not cured within seven ( 7 ) days after receipt of written notice from Owner, Owner at its option, without prejudice to any other rights or remedies which it may have, may take' any one or more of the following actions : 1 . It may deem said default to be a substantial breach of the Contract Documents and require Contractor, its 6 Subcontractors, their employees, and materials and equipment to be removed from the site; 2 . It may employ another contractor to complete the Work; and/or ' 3 . It may, without taking over the Work, furnish or cause to be furnished the necessary materials and workers to assist Contractor. In the event that Owner takes any or all of the above actions, Contractor shall reimburse Owner for the difference between the Contract Sum and the cost of completing the Work as substantiated by the Architect. At Owner ' s option, Owner may deduct the cost and expenses thereof, including compensation for Architect ' s additional services made necessary by such default, from payments then or thereafter due Contractor and an appropriate Change Order shall be issued in connection therewith. " ARTICLE 12 • 12 . 4 : The following hereby is added as new Article 12 . 4 : "No adjustment in the Contract Time or Contract Sum shall be permitted, however, in connection with a concealed or unknown condition that does not differ materially from those conditions disclosed or that reasonably have been disclosed by the Contractor' s ( i) prior inspections, tests , reviews, and ( ) preconstruction services for the Project, or (ii) .inspections, tests, reviews, and preconstruction services that the Contractor had the opportunity to make or should have performed in connection with the Project. " 12 . 5 : The following hereby is added as new Article 12 . 5 : "a. All Work ordered by Change Order shall be performed under the conditions of the original Contract Documents except that any claim for extension of Contract Time caused thereby shall be adjusted at the time of ordering such change. Materials and workmanship of additional work shall conform to that in the original Contract Documents . b. In giving instructions, Owner shall have authority to make minor changes in the Work, not involving extra cost or extra time as determined by the Architect, and not inconsistent with the purposes of the Project. No extra Work or changes shall be made unless in pursuance of a written order from Owner, stating that Owner has authorized the extra Work or change . No claim for an addition to the Contract Sum shall be valid unless so ordered by Owner. c . Change orders will be issued in numerical sequence for each separate change approved by Owner and will indicate the following: 1 . Nature and extent of Work added or omitted; 2 . Value of Work added or omitted; and 3 . Adjustment of Contract Time, if any. d. The value of any such extra Work or Work omitted shall be determined in one of the following ways, at the option of Owner: 1 . By unit prices set forth in the Contract Documents or subsequently agreed upon by Owner and Contractor; 2 . By estimate by Contractor and acceptance in lump sum; or 3 . By time and materials with markup of ten percent ( 10% ) over Contractor ' s costs for overhead and profit. " e. Unit prices, if any, shall be all-inclusive of cost of materials, labor, equipment, overhead and profit. " 12 . 6 : The following hereby is added as new Article 12 . 6 : "No extension of the Substantial Completion Date or the Final Completion Date (or right on the part of Contractor to secure any such extension) pursuant to this Article 12 or Article 13 shall prejudice any right Owner may have under this Agreement, or otherwise, to terminate this Agreement. Such extensions shall be Contractor ' s sole remedy for any delay. Contractor shall receive no compensation for any delay or hindrance to the Work except to the extent that direct and unavoidable extra cost to Contractor result from delays caused by acts constituting intentional interference by Owner or the Architect with Contractor ' s performance of the Work and then only to the extent that such acts continue after Contractor ' s notice to Owner of such interference . Owner ' s exercise of any of its rights, power or privileges under this Agreement or any of the other Contract Documents, including without limitation Owner ' s right to order changes in the Work, shall not under any circumstances be construed as intentional interference with Contractor' s performance of the Work. Any extension of the Substantial Completion Date and/or the Final Completion Date pursuant to this Article 12 . 6 shall be evidenced by a Change Order. " ARTICLE 13 : 8 � S 13 . 3 : The following hereby is added as a new Article 13 . 3 : "If the Contractor is delayed at any time in the commencement or progress of the Work by changes ordered in the Work after the execution hereof or by fire or 'other similar unavoidable casualty, or by undisclosed hazardous materials found in the course of construction, or by abnormal, adverse weather conditions which surpass in severity the weather reasonably expected in the locality at the time of year, require "shutting down" the performance of the Work (but not including _ normal winter or summer storms, periods of rain normally anticipatable during the spring and summer, and similar adverse weather) , Contractor shall give Owner written notice of the delay within seven (7 ) days thereafter, and if Owner determines, in accordance with the following procedure, that the stated cause justifies the delay, then the Contract Time shall be extended by Change Order for such time as is determined by such procedure, provided however no extension shall be granted in connection with abnormal, adverse weather conditions unless Contractor also furnishes a statement of the portions of the Work affected, an explanation of the reasons Work was prevented or hindered by the weather if not readily apparent, the dates on which such portions of Work were affected, the total number of days the job in its entirety was delayed, and any other information that would help Owner, such as official weather bureau climatological data for a ten-year period, local weather bureau data, and job daily records . Contractor is entitled only to the. additional number of days the Project is delayed in its entirety. Contractor will not be granted extensions for a delay that is concurrent with another delay for which an extension has been previously granted or concurrent with a delay caused by Contractor. If Contractor notifies Owner of a delay, upon reaching such determination, the following items shall be delivered to Contractor: by the same number of days as the performance of the work was "shut down" . " 1 . A chronological description of events leading to the substantiation of the proposed extension, including references to all pertinent information that is to be attached or is available in the contract file; 2 . A tabulation of how the number of days was determined, citing dates during which excusable delays occurred; and 3 . If Contractor requested more time than was determined, the basis for the lesser determination in detail . 9 Y All Contractor requests for time extensions must be handled promptly and Contractor shall be formally notified in writing, regarding any time extension granted. " ARTICLE 14 : ' 14 . 1. 1 : The following hereby is added at the end of existing Article 14 . 1 . 1: "Each Application for Payment shall be on forms of AIA Document Nos . G702 and G703 or a facsimile thereof; shall set forth the Schedule of Values attached as Exhibit A and the percentage of completion of each category and shall be accompanied by ( a) a certificate from Contractor itemizing all claims for extras for which no Change Orders have been processed, (b) a certificate from Contractor stating the amount of all unpaid bills owed by it to Subcontractors, to suppliers of materials, and to laborers for work and materials , or either, furnished for the purpose of performance of the Work, and (c) a certificate addressed to Owner ' s lender, if any, in such form as such lender may require, Contractor further agrees to deliver with each Application for Payment a certificate from each such subcontractor, supplier or laborer, in form acceptable to Owner, which acknowledges receipt of all payments due and acknowledges that such payments are payment in full ( less any stated retainage) of all Work performed or supplied by each such person and such lien waivers as may be required by Owner and Owner' s lenders. " 14 . 1. 3 : The following hereby is added as new Article 14 . 1. 3 : "Unless Contractor asserts in writing in an Application for Payment that an unpaid claim of a Subcontractor, laborer, or material man is in dispute as to the amount owed (in which event Owner shall have the right to withhold payment of the disputed amount if the Architect and Contractor agree) , Owner shall have the right, but not the obligation, to pay any such unpaid claim by check payable to Contractor and the claiming party, and any such payment shall be a pro tanto discharge of Owner' s obligation to pay Contractor hereunder. " 14 . 1 . 4 : The following hereby is added as new Article 14 . 1 . 4 : "In the event a lien is filed or claimed against the Work by any Subcontractor, laborer or supplier of materials Contractor agrees , unless covered by a valid lien bond, immediately to bond such lien at Contractor ' s sole cost and expense in accordance with the provisions of applicable law or to cause such lien to be discharged. If Contractor shall fail to do so, Owner may, at its option and at the expense of Contractor (which expense shall include without limitation Owner' s attorney' s fees ) , bond such lien or take all steps Owner deems necessary to cause it to be 10 discharged. If any such lien is filed subsequent to final payment, Contractor shall, at its sole cost and expense, cause said lien to be discharged upon notice from Owner. Contractor shall provide performance, payment and statutory lien bonds for the full value of the Work, all such bonds to be in form and substance, and issued by sureties , acceptable to Owner, in Owner ' s sole discretion. " 14 . 1 . 5 : The following hereby is added as new Article 14 . 1.5 : "Owner and Contractor have approved a "Schedule of Values" attached hereto and incorporated herein by reference as Exhibit A, and a "Progress Schedule" attached hereto and incorporated herein by reference as Exhibit B. The parties further agree that, because achievement of Substantial Completion and Final Completion by the dates set forth in Article 2 . 2 are of critical importance to Owner, Owner and Architect intend closely to monitor the work to insure that Contractor complies with the Progress Schedule. The Progress Schedule shall be modified to account only for delays permitted in the Contract Documents and shall not be modified for any other reason, including without limitation usual and anticipatable weather conditions and labor disputes or work stoppages . In the event that, at the end of any payment period, the Work has not progressed as set forth in the Progress Schedule, Owner may then or at any time thereafter, so long as the Work continues behind schedule, withhold payment to Contractor of up to 20% of the amount otherwise due for the payment period until Architect certifies to >:Owner that Contractor has completed that Work required for the previous payment period and a sufficient amount for the Work to be on Schedule in the current period. The rights set forth in this Article 14 . 1 . 5 shall be in addition to, and not in lieu of, any other rights Owner may have under this Agreement or the Contract Documents . Owner ' s rights under this Article 4 . 8 shall not be construed to create any obligations on Owner to exercise its rights hereunder for the benefit of Contractor or any other person, and Owner ' s failure to exercise its rights hereunder shall not preclude it from being entitled to any and all other rights reserved to it under this Agreement. 14 . 3 . 1 : The following is hereby added at the end of existing Article 14 . 3 . 1 : In order to ensure that the foregoing duty to subcontractors and sub-subcontractors is met, the Owner and the Contractor shall enter upon a written, signed, and dated agreement whereby the Owner will define what shall constitute adequate assurances that contemporaneous with payment from the Owner to the Contractor, subcontractors are paid what the subcontractor is then entitled to receive on account of the portion of the work performed since the payment preceding, and y. a that each subcontractor in turn pays its own subcontractors in like portion; and unless and until such a written agreement satisfactory to the Owner is in force and effect, and in use, no payments from the Owner to the Contractor shall be due, notwithstanding any provision elsewhere in this contract which may be susceptible to a contrary interpretation. 14 . 4 . 1 : The following is hereby added at the end of existing Article 14 . 4 . 1 : "As a condition precedent to Substantial Completion, Owner shall have received a Certificate of Occupancy (which may be temporary if allowed in the jurisdiction where the project is located) and all other permits, approvals, licenses or other documents issued by governmental authorities . As a condition precedent to Final Completion, Owner shall have received ( 1 ) a permanent Certificate of Occupancy; (2 ) all "as built" drawings; and ( 3 ) all guaranties and warranties, as are required by the terms of the Contract Documents, including without limitation any guaranties and warranties arising out of any of the Work performed by the Subcontractors . " ARTICLE 16 : 16 . 3 . 3 : The following hereby is added as new Article 16. 3 . 3 : "a. The insurance required shall be written to provide at least the following coverages and limits : 1 . Worker' s Compensation - Statutory 2 . Employer' s Liability - $250, 000 . 3 . Comprehensive General Liability -including Independent Contractors ' and Owners ' Protective, Broad Form Contractual, Broad Form Property Damage, Personal Injury, Completed Operations and Products coverages (which shall provide coverage for a period of two years after Final Completion and acceptance of the Work by ' Owner) and deletion of any exclusion pertaining to explosion, collapse, and underground property damage hazards; in limits of at least $5, 000 , 000 combined single limit per occurrence . 4 . Comprehensive Automobile Liability including Owner, Non- Owned and Hired Car coverages in limits of at least: $500 , 000 per person bodily injury, $1, 000 , 000 per occurrence bodily injury and $250, 000 per occurrence property damage. 12 b. Contractor hereby agrees to deliver to Owner within twenty ( 20 ) days of the date hereof and prior to any equipment or personnel being brought onto the Project site, Certificates of Insurance evidencing the above coverages with limits than those specified above. Such Certificates', with the exception of Worker ' s Compensation, shall name Owner, its members, agents and employee and Owner ' s lender, if any, as additional insureds and shall expressly provide that the interest of the same therein shall not be affected by any breach by Contractor of any policy provision for which such Certificates evidence coverage . The aforesaid insurance policies shall contain a provision reading substantially as follows: "The insurance company hereby agrees that it will give Owner, at the address set forth above, at least thirty ( 30 ) days prior written notice of ( i) any material change in or cancellation of any of the coverage shown in this certificate and (ii) renewal of any of the coverage shown in this certificate . C . Contractor hereby agrees that it is Contractor' s responsibility to require and document (to the satisfaction of Owner) that each Subcontractor acquire and maintain insurance of the type and in the amounts specified above, with the exception of the Comprehensive General Liability coverage which shall be at least $2 , 000 , 000 combined single limit. Contractor shall deliver to Owner a Certificate of Insurance evidencing such coverage for a Subcontractor before said Subcontractor or any of its personnel enters onto the Project site or performs any of the Work. ARTICLE 18 • 18 . 1 : The following Y hereb is added as new Article 18 . 1 : "Contractor shall not assign the Contract Documents , or sublet it in whole without the prior written consent of Owner, (which consent may be granted or withheld in Owner ' s s sole discretion) nor shall Contractor assign any monies due or to become due hereunder without the prior written consent of Owner (which consent may be granted or withheld in Owner ' s sole discretion) . Owner shall not assign the Contract Documents (except for an assignment to Owner' s lender and except as provided pursuant to the provisions of Section 20 . 1 ) without the prior written consent of Contractor, (which consent shall not be unreasonably withheld on delayed) . " ARTICLE 19 : 19 . 3 : The following hereby is added as new Article 19 . 3 : "The rights and remedies of Owner and Contractor under this Article 13 20 shall be non-exclusive and shall be in addition to all the other remedies available to such parties under the Contract Documents and at law or in equity, subject, however, in the case of Contractor, to the rights of Owner ' s lender, if any. " ARTICLE 20 : 20 . 1 : The following hereby is added as new Article 20 . 1: "In addition to and not in limitation of the provisions of Section 17 . 2 of the Contract, Contractor hereby guarantees all - Work performed by it or any Subcontractor on the Project to be structurally sound, constructed in accordance with applicable law and the plans submitted by Architect to Contractor and the Specifications, and that all Work performed by it or any Subcontractor on the Project shall be free from defects in materials and workmanship for the greater of (a) one year after the later of the Substantial Completion Date and acceptance of the project by Walgreens or any other tenant of the project, as applicable (the "Warranty Commencement Date" (except that such warranties shall survive for the first three ( 3 ) years after the Warranty Commencement Date as to defective conditions ( including, without limitation, conditions which do not comply with the plans or applicable law) which could not be discovered by Owner or Owner' s tenant in the exercise of reasonable care within one ( 1) year after the Warranty Commencement Date) or (b) any time periods set forth in the Specifications, and that there shall be no structural movement resulting from the, failure of Contractor causing damage to any portion of any structure of any adjoining structure. In addition, Contractor shall assume full responsibility for and does hereby guarantee the structural integrity of any trench located within . the Mass Highway Layout pursuant to the terms of the permit from Mass Highway attached hereto as Schedule F-3 . All Subcontractors ' guaranties herein specified shall be underwritten by Contractor who shall obtain and deliver the same to Owner before the Work will be deemed finished and accepted. Contractor' s warranties as set forth in this contract shall be assignable to Walgreen Eastern Co. , Inc. , any other tenant of the project, as applicable and/or any successor owner of the Project. If any such damage should occur during any guaranty period, or if there shall be any defect in the Work, Contractor will make all necessary repairs, in the judgment of Architect, to the Work without further costs to Owner, and shall promptly reimburse Owner for consequential damages, f f h f or th ge i any, suffered as a result o the defect e settling or structural movement. If such repairs are not completed within seven (7 ) days following notification to the Contractor of the need for repairs, or, in the event of an emergency, 24 hours following such notification or, if g Y� g , 14 additional time is requested by Contractor, within such reasonable time as is allowed by Architect, Owner shall have the right to have the repair work done by another reputable contractor to be chosen by Owner and Contractor promptly shall reimburse Owner for the full cost thereof, plus interest at the rate of fifteen percent ( 150 ) per annum upon billing. It is the intent of the Contract Documents that the Work be fit for its intended use when the applicable guaranty period has lapsed. The provisions of this Article 2 0 . 1 shall survive the completion of the Work. " 20 . 2 : The following hereby is added as new Article 20 . 2 : "Contractor acknowledges that it has fully inspected the Project Site, is fully familiar with all relevant conditions as the same reasonably may be expected to change during the performance of the Work and is fully familiar with all applicable state and local building codes to the best of Contractor ' s knowledge. Based upon such inspection and familiarity, Contractor agrees that the Contract Sum is just and reasonable compensation for all of the Work, including (a) all foreseen and foreseeable risks, (b) hazards, (c) difficulties in connection therewith, and (d) any Work which is not required by the Contract Documents but without which the Work could not be completed. Contractor acknowledges, notwithstanding any provision of the Contract Documents to the contrary, that Owner does not warrant or guaranty the conditions that will be encounteredi, during the performance of the Work. Contractor and Owner agree, notwithstanding any provision of the Contract Documents to the contrary, that this Agreement will result in completion of the Work with no Change Orders unless Change Orders are requested by Owner or Architect ' s changes approved by Owner. " 20 . 3 : The following hereby is added as new Article 20 .3 : "Contractor agrees to submit to Owner and Architect for their approval any application for any permit prior to filing any such application with the applicable authority. " 20 . 4 : The following hereby is added as new Article 20 . 4 "If any term, covenant, condition or provision of this Agreement or the application thereof to any person or circumstance shall, at any time or to any extent, be invalid or unenforceable, the remainder of this Agreement shall be valid and shall be enforced to the fullest extent permitted by law. " 20 . 5 : The following hereby is added as new Article 20 . 5 : "Notices and demands required or permitted to be given hereunder shall be given by overnight courier, by hand delivery or by 15 i certified mail, return receipt requested, and shall be addressed to the parties at the addresses set forth on the first page of this Agreement. Notices and demands shall be deemed to have been given when delivered or on the date delivery is attempted, if receipt thereof is refused. " ' 20 . 6 : The following hereby is added as new Article 20 . 6 : "The failure of Owner or Contractor to insist upon strict performance by the other of any of the provisions of this Agreement or to exercise any option herein conferred shall not be deemed as a waiver or relinquishment for the future of any such provision or option. " 20 . 7 : The following hereby is added as new Article 20 . 7 : "All rights and remedies provided for herein or otherwise existing at law or in equity are cumulative, and the exercise of one or more rights or remedies by either party shall not preclude or waive its rights to the exercise of any or all of the others . " 20 . 8 : The following hereby is added as new Article 20 . 8 : "All of the provisions hereof shall be binding upon and inure to the benefit of the parties hereto and their permitted successors and assigns . No third parties, other than such successors and assigns, shall be entitled to enforce any or all of the provisions of this Agreement or shall have any rights hereunder whatsoever. 20 . 9 : The following hereby is added as new Article 20 . 9 : "The Contract Documents constitute the entire agreement between the parties hereto with respect to the matters covered thereby. All prior negotiations, representations and agreements with respect thereto not incorporated into the Contract Documents hereby are canceled. This Agreement can be modified or amended only by a document duly executed by the parties hereto. " 20 . 10 : The following hereby is added as New Article 2 1. 10 : "As mentioned in Article 7 , Owner has furnished Contractor with a survey of the Project. Contractor is responsible for verifying the precise location of the utilities on or adjacent to the Project site and for determining and verifying that all permits and approvals required to complete the Work and to assure the use and occupancy of the Project have been obtained. Contractor promptly shall notify Owner of any inaccuracies or modifications that may be required with respect to the location of utilities or any permits or approvals . 20 . 11 : The following hereby is added as new 20 . 11 : "Contractor shall arrange for and attend job meetings with the Owner and 16 Architect and such other persons as Owner or Architect may from time to time wish to have present. . Contractor shall be represented by a principal, project manager, general superintendent or other authorized main office representative, as well as by its Project superintendent. An authorized representative of any Subcontractor or Sub-contractor shall attend such meetings if his presence is requested by Owner or Architect. " 20 . 12 : The following hereby is added as new Article 20 . 12 : "Contractor will be solely responsible for compliance with laws and regulations governing the handling, storage, use, or disposal of oil, hazardous materials or wastes used, stored, generated, or disposed of in connection with the Work, and shall obtain all permits and approvals, give all required notices, and observe all applicable procedures prescribed by governmental authorities having jurisdiction with respect to such activities. At Owner' s request, Contractor shall furnish Owner promptly with evidence satisfactory to Owner demonstrating Contractor ' s compliance with such procedures, the giving of such notices, and the issuance of such permits and approvals, and shall indemnify and hold Owner, its beneficiaries, agents and employees harmless from and against any loss, damage, claim, liability, cost or expense (including without limitation attorney ' s fees ) resulting from Contractor' s failure to observe such procedures , give such notices, or obtain such permits and approvals . " 20 . 13 : The following hereby is added as new Article 20 . 13 : "Contractor shall comply, and shall cause all Subcontractors to comply, with any local, state and federal standards , laws, rules and regulations for the prevention of accidents, all as in effect from time to time, and shall indemnify and hold Owner, its members, agents and employees harmless from and against any loss, damage, claim, liability, cost or expense (including without limitation attorney' s fees ) suffered by any of them as a result of or arising out of the failure of Contractor or a Subcontractor to comply with such standards, laws, rules and regulations . All construction procedures shall conform to all local, state and federal noise and pollution laws and requirements . " 20 . 14 : The following hereby is added as new Article 20 . 14 : "Whenever in the Specifications the words "as required, " "acceptable, " "satisfactory, " or words of like import are used with reference to the Work or its performance and without further qualification they shall mean as approved, as directed and as required by Owner and acceptable, satisfactory, and as required by Owner. The term "approved" or "approval" when used 17 in the Contract Documents means written approval of Owner, which approval shall not be unreasonably withheld or delayed. " 20 . 15 : The following hereby is added as new Article 20 . 15 It is understood and agreed by and between -the parties hereto that the quality of the Work and materials included in the Contract Documents shall be subject to the approval of Architect and that Architect ' s decision as to the construction and meaning of all Drawings and Specifications shall be final. It also is understood and agreed by the parties that additional drawings and explanations to detail and illustrate the Work may be furnished by Architect, and Contractor agrees to conform to and abide by the same in so far as they may be consistent with the purpose and intent of the original Drawings and Specifications without any Change Order being required. i i I i 18 REQUEST FOR PAYMENT From: D.F. PRAY GENERAL CONTRACTORS To: RICE NORTH ANDOVER, LLC. 25 ANTHONY STREET Invoice: 'DRAF'�. SEEKONK, MA 02771 c/o MARK INVESTMENTS, INC. 54 JACONNET STREET, SUITE 203 Draw: `DRAFT' NEWTONMA 02461 Invoice date: 7/26/2006 , Contract For: Period ending date: Request for payment: Original contract amount $5,000,000.00 Approved changes $0.00 �. Revised contract amount $5,000,000.00 Proiect: DF-00004 / Contract completed to date Walgreens Petco Add-ons to date $4,000.00 Contract date: Taxes to date $0.00 $0.00 Less retainage $400.00 Architect: Total completed less retainage Less previous requests $3,600.00 Scope: Current request for payment $3,600.00 i Current billing $0.00 Current additional charges $0.00 Current tax $0.00 Less current retainage $0.00 CHANGE ORDER SUMMARY $0.00 Changes a ADDITIONS DEDUCTIONS Current amount due 9 pproved in previous $0.00 months b Owner Remaining contract to bill $4,996,400.00 Total approved this Month TOTALS NET CHANGES by Change Order I hereby certify that the work performed and the materials supplied to date, as shown on the above represent the actual value of the accomplishment Contract(and all authorized changes thereof) between the undersigned and the RICE NORTH ANDOVER, LLC. actual contractor has paid all amounts previously billed and paid by the owner. p t under the terms of the ng to the above referenced project. I also certify that the CONTRACTOR: D.F. PRAY GENERAL CONTRACTORS State Of By: County Of Date: Subscribed and sworn to before me this day of Notary Public My commission expires: I REQUEST FOR PAYMENT DETAIL Project: DF-00004/Walgreens/Petco Invoice:*DRAFT* Draw:'DRAFT' Period Ending Date: Item ID Description Total Contract Previously Work Completed Completed h Amount Comp % Work This completed To Date Comp 1 General Conditions Period 4,000.00 Ba', 2 Sitework 242,000.00 4;000.00 3 Concrete 1,690,000.00 4,000.00 1.65 4 Masonry 198,000.00 400.G, 5 Metals 320,000.00 00 6 Wood& Plastic 325,000.00 J�. 7 Thermal& Moisture 450,000.00n �1 8 Doors&Windows 210,000.00 9 Finishes 148,000.00 10 Specialties 355,000.00 11 Sprinkler 37,000.00 12 HVAC 52,000.00 13 Plumbing 200,000.00 14 Electrical 128,000.00 15 Conservation Commision 385,000.00 16 Construction Fee 100,000.00 160,000.00 Totals 5,000,000.00 4,000.00 4,000.00 0.08 � -- dr, nn FelLman Law Group) P. C. ................................................................................ ATTORNEYS ................................................................................. 54 Jaconnet Street Suite 300 ......................_. Newton, MA 02461 Voice 6T7-658-1600 Fax 617-658-1601 ....................................... ....................... Leslie E. Kivitz, Esq, Direct 617-658-1220 LKivitz@fellmanlawgroup.com June 14, 2006 Overnight Delivery Mr. Michael Burke Senior Vice President D.F. Pray General Contractors 25 Anthony Street Seekonk, MA 02771 Re: MI-North Ando' ver, MA Dear Mike: I have enclosed a copy of the fully executed contract and side letter for your files. Sin Aerely, esli 'y' eslie E. ivitz Encl. ' Mark Investment, Inc. 54 Jaconnet Street, Suite 203 Newton, MA 02461 (617) 332-8140 D.F. Pray General Contractors April 10, 2006 25 Anthony Street Seekonk, MA 02771 Attention: Mr. Michael Burke Senior Vice President Re: Construction Contract dated as of April 10, 2006 ("Construction Contract") by and between Rice North Andover, LLC, a Massachusetts limited liability company ("Owner") and DY Pray General Contractors ("Contractor") for the Walgreens and Petco project located in North Andover, MA pursuant to the contract documents (the "Project") Dear Mike: Reference is made to the Construction Contract. Reference is also made to the WPA Form 5 — Order of Conditions (DEP File Number 242-1333) (the "Order of Conditions"), a copy of which is attached to the Construction Contract as Schedule F-1. Pursuant to Section 50 of the Order of Conditions, Owner will post $100,000.00 with the North Andover Town Treasurer (the "Order of Conditions Security"). Provided Contractor completes the Project pursuant to the Construction Contract, Owner shall pay over to Contractor, as additional consideration for completion of the Project, the Order of Conditions Security, or so much thereof as may be returned to Owner by the Town of North Andover, when and if the same is released to Owner. If for some reason the Town of North Andover does not release the bond money within 60 days after a CO for no Fault of DF Pray Mark Investments will Pay DF Pray the $100,000 60 days after the CO. Please confirmour agreement with the terms of this letter b our signature below. Y � YY g Sincerely yours, Rice North Andover, LLC By: Amadan�.,Management, LLC By: ✓/ (/"J Y/ tel ; Robert S. Korff, Manager Confirmed as of this Aday of April, 2006 DF Pray General Contractors By: Michael Burke, nior Vice President y 1 i i. �• ;. 1997 EDITION AIA DOCUMENT A107-1997 Abbreviated Standard Form of Agreement Between Om;n:er and Contractor for Construction'Projects of,Limited Scope Where the basis of payment is a STIPULATED SUM This document indudes abbreviated General AGREEMENT m.�1e as of the lou' day of Apri!` Condlftns and should ew is the y 2006 _ not be used with other (In wards;Wiwi.day,month and year) general condititins. B E TWEE N the OW3'Ier. j This document has Impar- (Namr,addrrsr and other Irtfcrtnation) ' Rice North Andover,LLC Cant legal consequences, 54 7aconnet Street, Suite 203 Consultation with an attorney Is encouraged- Newton,MA 02461 with respect to its completiorj or modification. i and the Contractor; This document has been (Namrss r,addrand other information) approved and endorsed by D.F. Pray General Contractors J The Associated General Ili 25 Anthony Street Contractors of America. Seekonk,MA 02771 i the Project is: (Nam and location) Construction of a free standing building for use as a Walgreens and Petco's and related site work at the southeast comer of Turnpike Street and Waverly Road, North Andover,Essex County, MA in accordance with the Project Documents. - - the Architect is. (Name,address and other information) Edwards&Kelcey 11i~�l 280 Summer Street, Suite 500 #i WE. Boston, MA 02210 =mss inli- Tel. No.617-443-0400 �.: Fax No.617-443-9880 'o1997 A I A t8 AIA DOCUMENTAW7--1997 The Owner and Contractor agree as Fallows, ABBREVIATED OWNER- CONTRACTOR AGREEMENT Tire American institute of Archltws 7M New York Avenue,N.W. ' Copyright 1938,1951,1958,1961,1953,1966,197q,1978.7987,to 1997 by The American institute of Architects• Washington,D.C.2oD0o-5292 Reproduction of the tnatertal herein or substantial quotation of Its provisions without written Permission of tha AIA violates the copyright laws of the United state and wits sublea the vitiator to legal praseartlon. WARNING:paRcmed PtWomPying vloWns US.copyright laws and witi subject the violator to teed prasecutlon. . i I i i ARTICLE 1 THE WORK OF THIS CONTRACT The Contractor shall fully execute the Work described in the Contract D extent specifically indicated in the Contract Documents to be the responsi�b cuty of others. to the ARTICLE 2 DATE.OF COMMENCEM-ENT AND SUBSTANTIAL COMPLETION 2.1 The date of commencement of the Work shall be the date of this Agreement unless a different date is stated below or provision is made for the date to be fixed in a notice to proceed issued by the Owner. (Insert the date of commencement, if it differs from the date of this Agreement or,if applicable,state date will be fixed in a notice to proceed.) The date of caemerIcemerd"I be the later of(0 the date that the issuance of me building PWM(unless a dernoftn permit is ism separaw from a building permit in which event the eerier Issuance of the demoftn permit shag be the applicable dele),and M the date tall access to the property 2.2 The Contract Time shall be measured,from the date of commencement. 2.3 The Contractor shall achieve Substantial Completion of the entire Work not later than 260 ys from the or as follows: (Insert number of calendar days.Alternatively,a andar date may b tused we Of hen coordinated, oo dinatedent'w h he ate o commencement. Unless stated elsewhere in the Contract Documents, insert any requirements for earlier Substantial Completion of certain portions of the Work) subject to adjustments of this Contract Time as provided in the Contract Documents. (Insert provisions,if any,for liquidated damages relating to failure to complete on time or for bonus payments for early completion of the Work.) fill o ARTICLE 3 CONTRACT SUM �ocio� 3.1 The Owner shalla - p y the Contractor the Contract Sum in current funds for the m 1 9 9 7 AIA Contractor's performance of the Contract,. The Contras Sum shall be Tour Million Nine Hundred Thousand Dollars AIA DOCUMENT A107--1897 subject to additions and deletions as provided in the Con�act 0,OWDocu .nis. ABBREVIATED OWNER- CONTRACTOR AGREEMENT The American Institute of Architects 1735 New York Avenue,N.W. Washington,D.C.20006.5292 °. fit'• WARNING:unlicensedo h P ixopying violates U.S.copyright taws and will subject the vinl■tn I-- 3.2 The Contract Suri is based upon the Following aliematps,if army,which are de=31eain the Contract Docttments and are hereby accepted bythe Own= (State the numbers or other identiftmtion of omopW atimm m1f deasions on other alternates are to be made by the 0wnersubsequent to the exeaitioa of thfsAgrwnvnt,attach a schedule of such other altsnatrs showing the otnount jar each and the data when that amount axpim) See Schedule C 33 Unit prices,if any,an as follows: See Schedule C ' ARTICLE 4 PAYMENTS 4.1 PROGHM PAYMExTs ;1.7 Based upon Applications For PaymeaL submitted to the Architect by the Contractor and Certificates for Payment issued by the Architect,the Owner shall maim pmgre$payments on. account of the Contract Sum to the Contractor as pmvidetl below and elsewbere in-the Contract Dontments.The period cavered by each Application far Payment shall be one calendar month 4.11 Provided that an Application for Payment is mEceived by the Architect not Later than the Went Y:M(2501, day of a month,the Owner shall make vaymeni to the Cantractornot laterthan the fWet'Itjl'jfb] (2h i i); dy of-the f DHOWhlg •MOULIL 01957 AIA m ffanApplimdio f=I-ayment.isreceivedbythr-lr mit afierthedatefixedabm%p'aymeut9nn. AtADCCUMEpii•A107.1997 be made bythe Owner not later than thir yW) days after the ABBREVIATED DVMER- ArchLtectzzceiveSthe Application for PaymeaL CONTRACTOR AGREEMENT The Ammimn Institute . oPArchltect; LTas Nc�•Ycr:,:xasuz,R.W. Washtngttm,D.C.20oo6-.-Mj WARNINn:UnKcansad pha+ampytns vh:wes U.S.=pydBht frim and will=61sa the vtoWw m legal pRseantoa. 4.13 Payments due and unpaid under the Contract shall bear interest from thedate p ++�++s due at the rate stated below,or in the absence thermf,at the leg,late prevaffiug from time to time at the place where the Project is located. (Mnart rate of interest agreed upon,tf any.) (Usury laws and rejlDl'err mu under the Federal Truth in lending 13ct,similar state and local consumer azdit lmw died other regulations at the Owner's and Ca dnuiors prindpal Places of busrne% the Location of the Proj!a and efselvha•e may 417d the validity of this prvvisian.Legal advice should be obtained with respect to delctiarss.or madijteatEoar and also mprding m quirwimtts such as wrium dklasures or waiver.) 42 FINAL PAYMENT 4=. TUMI,payznetrt,constihding•the•entim-unpd&balancepf the Conft2ctSttm;•shallbe-made by the Owner to the Contractor when: t the Contractor has fully performed the Contract except for the Coatrartor's responsibility to correct Work as provided in Paragraph 17_, and to satisfy other requirements,iEany,which a dmd beyond final payment-,and s a final Certificate for Payment has bees issued by the Architect. 4.2—) The Owner's HPI payment to the Com¢actnr shallbe made n6later than 3o days afferthe iEe1�aIILp-.6F?6a� tip-•�• Q gEet.e. r-• -- - 6affwm conMaris described In Ar$c1e 42 have been met. ARTICLE 5 ENUMERATION DP CONTRACT DOCUMENTS 5.1 The Cmdrad 1-3otamaettts are listed in Article&and,m=ept for Modifications issued after, m=xtina ofthis Agreement,are enumerated as Mows: 17 The eerneaf is this ,d ig� edition of the Abbmiziad Standard Fona of Agreemenf Between Owner and Contacton..ALkDocument-637107, 5.1.2 The Supplementary and other Conditions of the ContracL•am those contained 11i the Project M mtal dated r and are as follows Dacutaent Title pages . Supplemental Conditions i 1 -19 By exemriion of is Cont'ad,Contrador f l admowledges receipt of all such doaumt:nts referred to herein and in lection 5.13. a �G Rc 01997 AIAQD AIA DOCUMENrA1o7--1997 ABBREVIATED OWN'cft- CONTRACTOR AGREEMENT The American Instlhrte • • aF ArtElttecis . 1735 New 46th Avenue,Ptk1. Washington,D.C-200DE-0,52 WARNING_,•UnU..d d photompytag viaw=US.CQW314 lawn gait win Subject the vwarar to kaat psW=tian. a � L13 The SnedEt-tions are those coutaiaed in,the Project MaQuat a (Ether ILWIhe 5pmTkatia=here or refer to an edLM attached to this Agra mend) -Secizaa• =:�4e- —�£aaes— ' 5.1.4 The Drawings 3 gtz!n In-rNsdon 6rhodUI&A i (Ether list the D►mvings here ar refer to an=UW a:tacW to IhirAgmeneat.) s.15 The tldde�da,if nay,areas follows. Nam Number• Dain Pates Podions.ofAddenda relating-to bidding mq�.are not pal..of the.Cantrad Docrtmeats unless the bidding xeq :em ds are also eaumeramd in this Article S. • o sla Other documents,if any,fbt:ming part ofthe Coatmd Documents are as Follows 11 (list arty 4gtioaai da=unts which ars Wardedio form.part of the Cantrart!]oauaent_) o e Schedule A-Plans and Specifications a o - Schedule A-1 Criteria's Specifications for Self Service Walgreens Drug Store 01997 atAS Schedule A-2 Identification of Project Manual ror AIA DOCUNIVR A +a 1&97 Walgreens Drug Store ABBAEViATiW OWi4 P Schedule B-Schedule of Values and Project Schedule COPTRACS'M AW: Y. I3T Schedule C-Clarifications,Exclusions and Qualifications TheAmedan tnO;i,m Schedule D-Walgreen's new store requirements ofArchitscu Schedule E-Notice to Proceed V35 rr' '` •t"� Schedule F-1 -WPA Form Order of Conditions Washtnglan,a.c�ctnos-sxsz DEP File No.242-1333 Schedule F-2-Notice of Decision i = Schedule F-3-Mass Highway Permtt Schedule G-Partial Waiver and Subordination of Lien sub-subcaatractow and material or equipment supplies are authoriied, to use and rzproduce applicable .portions of the Drawings, Specifications and other documents prepared by the Amhifectand the Architect's consultants appropriate to and Eirr use in the emu dm of theirWadc under the Contact Documents.All copies made under this adhorizsdoa shall bear the statutory copyrightnotice,if any,shown an the Drawings,Specifications and other dcaiments prepared by the AnEited'and the Airhitedi cnnsulti rls.'Submittai or"distribution* td meet 'official regWdmry requirements or for other purposes in ramnection with this Project•is not to be construed as publication in demSdion of the Architect`s or Architect's coasli.hants'copyrights or' other reserved rights, ARTICLE 7 OWNER .--7.1- KFCRMATlC3N AND SE&CU REQUIRED•OF THE OWHER _.._...._. .. _. 71.1 The Owner shall latish and pay far surveys and alegal description-of the site.' 7.1.2 The Contractor shall be entitled to rely oa the accuracy of information famished bythe Owner,but shall omrase proper precautions relating to the safe perfm�of the Wodc_ emptas heTsin provided, 7.1.3 _ Datradmr * -46 ._ _ secure and pay far other re ary approvals,easemeds, im—eats and charges mxD6 ed.for the conshuction.use or occupancy of permanent structures or peananent changes in a fisting fealties 7.2 OWNER'S PJMiT TO STOP THE WORK If the Contractor falls to carred Work which is not in=ordma with the requirements of the Caatrad Documents,or pets• 1.1y fps to cavy out the Wolk vi accordance with the Coutzad Documents,the Owner may Issue a written order to the Contractmr to stop the Work,or any ' portion thereo&until the cause•Ear such order is mated;however;the right of the Owner to stop the Wodc shall not give rise to a duty on the part of the Owner to exercise this zight for the bme£ct of the Contractor or•nay other 7pmoa or entity. 73 OWNER'S PLIGHTTO CARRY OUT THE WORK If the Cast ndor deficits arpersiste y tails'or neglects to cavy out the Work in accordance with the Contract Doa+ments,orfasls to perform apravidoa ofibe Contract,the Owner,aft is days' wridennotice tothe CcirtmctorandwifhoutprejuSicetamyothErremedythe Owner m.-yhrfe, _ may make good such defideades and may dedud'Jae seasonable cost thereof,including Owner's expenses and compensation for the Architect's services made necessary thereby,from the psyment thea or thereafter due the Contractor ARTICLE•8 .5q"TRACTOR ELI . REVIEW OF CDNTRAC7 DOCUMENTS AND FIELD C01`40 IONS BY CONTRACTOR PewafB.I.1 Since the Contract Documents are complementary,before starting each portion of the - Work,the Cmntractorshall careBillystudyand compare the various Drawings and otlier ContractDocuments relative to that portion of the Work, as well as the information famished by the Owner pt,ra nt to Subparagraph 7aa,shall take field measurements of any eristing conditions termed to that portion of the Wad:and shall observe any conditions at the site affecting.it.These 0 1997 A i A® obligations are for the purpose of fcilitaiing camstruciion by the Contractor and are not.for the AlA oo[UMMT A=-1997 purpose of discovering erm ,omissions or inconsistencies in the Contract Documents however; ARACTOR TEDAG OWNER- . an errors,omissions or discovered the Contractor shall be reported.T o tl OWNER- CONTRACTOR AGREEMENT y bypromptly y to the Architect as a request far intormatian in such form as the Architect mom-?•require- The Amerimn Institute of An�ltects MAS New York Avenue,MIAL ' Wasttingtwk D.C.20006.524E WAI immunaansed photocopying vwbfts US.copyright bim and will sub)=rho tlarnar to kgd leasee„Hoa Any design errors or omissions noted by the Contractor during this review shall be reparted promptly to th.e Arrhited,but,it is recognized that the Caatractor's review is made in the Contmctaes capacity as a contractor and not as a licen-d design prafessionai unless otherwise sadficallyprovidedmtheContractDoatments. 81 SUPERVISION AND CONSTRUCTION PROCEDURES 8.2.1 The Contractor shall supervise and direct the Wads,using the Caatmc&s best skill and atteadan. The Camtiactor shall be solely responsible for and have control over construction means,methods,techniques,sequences and procures,and for mardinating aU portions of the Wark under the Contract,unless the Contract Documents give other spedfic ;natr=fl me anzcemmg these matters. If the Contract Documents give spedfic instructions cauceraing mrhuctic m means,methods,techniques,sequences or prate,the Contractor shall be BLy and solely-responsible for the•jobsite-safety thereof unless the Contractor give's•timely Written. ' notice to the Cramer andArchitectthat such mmms,methads,iedadques,seVencec orprocedures' may not be safe. TI-7 The Contractor shall be responsible to the O►vner for acts and omissions of the Contractor's employees, Subcontractors and their agents and employees,and other persons or eatw ped raring portions of the Wank for or an bebalf of the Contractor or any of its Subcontr dom U LABOR AND MATERIALS 23.I I1nlers otherwise provided in the Contract Documents,the Contractor shallprovide and pay-far labor,materials,eguipment,tools,constructkrti equipment and machinery,water•,heat, utTb!% b=-nsportatian, cad other fanTities and services nerssary fox proper emculim and ' completion of the Workwhetber temporary orpery anent and whether ornotincarporaLed or to be iLxpomted in the tiVork. -L32 The Contractor shall m6k irce strict disdplium-and good order among the Contractor's employe_and other persons c zrrymg out the Ccatract. The Contractor shall not permit employment of unfit persons or pemans not 9101 ed in tasks assigned to them. 8_3 The Contractor shall deliver, handle, store and install materials in accm-dare with mamrFaet,rtrr�'ipslruetioas. _ ... 8.3.4 The Contractor may maim substitutions only with the consent of the'Owner, after erAwlan by-the Architect and in accordance with a Change Order. 8.4 WARRANTY The Contractor wanmats tu�a Owner and Architect that materials and equipment furnisbed _. . .undartheContractwdlbeoF,sadqualiiymdnewunIrmaihmwisL-Myimdorpeunittedbythe-• - - Cant-ad Doaaaent%that the Warkwfil be Ji-tivm deft s not inherent in the quality required or permitted,and that the Wank will conform with the requimmenis of-the Caatsact Documents. Work net coafaaming to tbese requirements,including substitutions not properly approved and fill authorized,may be considered de&cffiT The Compactors wauanty e=ludes remedy,for damage n a or defed caused by abuse,modifications not executed by the Contractor,improper or insufficient ,main_ t_ennnce,improper operation or normal wa:w 2nd tear and normal usage- ' 01997 AIAG U TAXES AEA DOCUMENT A1077997 The Contractor shall pay sales,consumer,use and6er s tmm which are Iegally enacted AaaREVtATED OWNER- bids are received or negotiations cawi„dec CONTRACTOR AGr2EEMEN7 The American InvIrum or Architects 1735 New York Avenue,rim, Washinghm,D.0 Zoon-,s2a_+. j w4vwNr..gnitr.n.,,d ahamrnma„y vtntae,,a"Con., hi lora and u�fl ar,6raarh„vialaMt to Iron,mn+eanfaa. r 10 PERMITS,FEES AND NOTICES a.li.1 llnlQac otherwise provided in the Contract Dotaunents,the Contractor shall secure and pay for the building permit and other permits and governmental fees,licenses and inspections necesarr far proper eun ution and'completioa of the Work. 8.83 The,Contractor shall-complywith•and-Sive noticer required by laws; ordinance:,rules, regulations and lawfW orders of public authorities applicable to performance of the Work The Contractor shall promptly notify the Architect and CJwner if the Drawings and Specifications are observed by the Contractor to be at variance therewith. If the Connartm performs Work knowing it to be contrary to laws,statutes,ordinances,building codes,and Hiles and regulations without such notice to the Archited and Owner; the Contractor shall assume appropriate responsibility for such Work and shall bear the casts attributable to cotzection. B.7SUBMITTALS 8.7.1 The Contractor shall revie•,v for compliance with the Contract Documents,approve in writing and submit to the Architect Shop Dmvings, Product Data, Samples and similar submittals required by the Contract Documents with reasonable promptnes.The Work shall be in accordance with approved submittals. 8.7.2 Shop Drawings, Product Data, Samples and similar submittals are not Carrtract Documents. 8.8 •US'c OF SITE The Contractor shall confine operations at the site to areas petarited by law,ordinances,pern-Ats and�ih�•e�Contract Documents and shall not unreasonably encumber the site with materials or PgInC`�"S. 85 CUTTING AND PATCHING The Contractor shallbe responstible for cutting,&ttmg or patching required to complete the Work or to make its parts fit together properly. ' - sahstantlal; - 8.10 CLEANING UP The Contractor shall keep the premises and surrounding arra from accumulation of waste materials or rubbish caused by operations under the Contract Al completion of the Wads,the _.. . Contractor shall remove Pram and about the Project waste matariaL%rubbish,the Cotes --• tools,construction equiriment,machinery and surplus material. s.n ROYALTIES,PATENTS AND COPYRIGHTS The Corctractar shall pay all royalties and license fees; shall defxnd suits or claims for infringement of copyrights and patent rights and shall hold the Owner and Architect harlales from loss on account theseo& but shall not be responsible for such defense or lass when a parda�larc design,prods ac p'mtirsct of a particular Fuaiiir'or'mariuFat=titr�rs is n quired by r----n the Contract Documents, or where the copyright violations are contained iu Drawings, Specifications or other documents prepared by the Owner or A chitecf;unless the Contractor has a n reason to believe,that there is an inf agement of patent or copyright and fails to promptly ccpba furnish such information to the Architect G I to s 7 A t A V 8.12 ACCEEZ TO WORK AIA DOCUMENT A107--1947 The Contractor shall•provide the Owner and Architect-arm.aec to the Work in preparation and ARBREVIATED OWNER- pmt Wherever located: CONTRACTOR AGREEMENT' The American tnsftte of ArchihH33 T735 New YarkAvenue,N.W. Washington,DX-20DO6.5292 WARRINGt Un2=3 ad ph=ccppina violates U.S.opyrlgt,r law:and will abject the viniamr n Icgpl pnsea,non. . 1 Mark investment, Inc,,Walgreen Cm, Walgreen EasrPm CO., ine.,pwne+e lender, IL13 •INDEMNIFICATION 8.13.1 To the fullest edent permitted by law and to the extent claim sr damagm losses or expenses are not covered by Projed MmnRemeal Protective Liability insurance purchased by the Contractorin accordance with Paragraph 16.3,the Contrastorshall indemnify and hold harmless the Owrur 'tect,Architect's consultants and agents and employess of any of them from and against chime,damages,losses and eiT=ses,indudiag but not limited to attorneys' fees,arising out of or resulting From perforrrumce of the Work,provided that such claim, damage,loss.or e;q=e is attributable to bodily injury,siciciese,disease or death,or to injury to or destruction of tangible property(other than the Work itself),b_!3 ,•,-in toe-"� s _ed by the e94,-4 a;a i Ff1- n t�RE gub to-r..�a ',� t at indireeily pi , ' khan ess of whether or not such claim,damage,loss or expense is caused in part by a party indemnified hereuarlm Such•obligation shall not be construed to negate,abridge, or reduce other rights or obligations of indemnity which would otherwise east as to a party or person described in this Paragraph Sag. e 13.2 In claims against. any person or entity indemnified under this Paragraph 813 by an employee of the Contractor;a Subcontractor,anyone directly or indirectly employed by them or anyone fnr whose acts they may be liable,the indemnificat! n•obligation under Subparagraph 8a3a shall not be limiied by a limitation on, amount or type of damages,compensation or benefits payable by or for the Contractor or Subcontractor under workers' compensation acts, disahilitybene&t ads or other employeebenefrt ads, ARTICLE 9 ARCHITECT'S ADMINISTRATION OF THE CONTRACT _ .9-1 'The Arch&&.-willpmvide adminisization of.the Contract and will be an Owner's represeuiative(r)during construction,(')undl final payment is due and(3)with the Owner's concurrence,from tune to time during the one-year period for correction,of Work described in Paragraph 37.7- 9.2 The Archifect,as a representative of the Owner,will visit the site at intervals appropriate to the stage of the Contractoz s operations(i)to became genully facia with and to keen the. Owner infbaaed about the progress and quality of the portion of the Work completed,(s)to endeavorio guardihe Owneragainstdefects and defiaencle is the Work and•(3)to determine-in. general if the Work is being performed in a manner indicating that the Work,when .fully completed,will be in accordance with the Contract Documeats.However,the Architect will not be-required to make exhaustive or continuous on-site inspections to check the quality or quantity of the Work The Architect will neither have control oyer or charge OF,nor be responsi- ble for,the construction,means,methods,techniques,sequenr s or procedures,or for safety pre- cautions and programs in connection with the Work,since these are solely the Contractor's rights and responsibilities under the Contract Documents,except as provided in Subparagraph S.z:1. 93 The Arihitectyill not be responsible for the Cantrador's failure to perform the Work in _ accordance with the requirements of'the Contract Doarments. The Architect will not have control over or charge of and'wd not be responsible far acts or amiss-ions of the Contractor, )ill Subcontractors,ortheir agents or employees,or any other person's or entities performing portions of the WhdL a s. 0 0 9.4.. Based on the Architect's evaluations of the Work and of the Contractor's Applications for 1--� Payment,the Architect will review and cera*the amounts due the Contractor aft&W l issue '61.1192 AIA S CertiS=tes for Payment in such amounts. AIA DOCUMENT A1o71991 ABBREVIATED OWNER- 9S The Atchited will have authority to reject.Work that does not canform to the Contract cortTRAcroR AGREEMENT Documents. The American Institute Of Archilecta 1733 Nevr'fcrkAwanu;t?.t.7. Washington,D.0 2noo-s-:7M wAminc unnceasn3 pttotaoopylnawaiatas un,copyright kw:and win suhtert the violator to legal proftwilom M The Archib=t wM- reviex and approve ar talm other agpla action tenon the Crmtr„ctoes mbict -mach as•Shop I amines,Pm&v.- Data and s=q:des,•but dnig for the nmitei purpose of chemo for mull u= with iniimoatioa-gives and the dwim coat rem in the Coatrad Documents. -: ELL °-f T$e A t�gi2t sad r.eriiie inatta3 can ga:ffi+a�� u dg af,Lhe Cam Dnatments as Written tmupA a eifhar tiie Owner or CmtraciaTemnrzmauur . i$e•&d1=d Witt make inittel dee dam m all cls;aimr uie3 md'ath=mail'b beh9l=the Owner mid Caaftmdar baL wiIl not be liable kr mults of my iaietpretaifom or cecWtusso rendered to goad faith, �.g 'i`he�`�srtaci's'clacisia�as tmt--.relating Lfl asLhd -efee,WX be Inst if cma�tmt ' wiih the itit=t===Ed intfie Camra Documents, and approved by ownat'. ' :'s Ihilie:;re pan i3iti and Pi*aiiatians of atit5aiity'of'#Tie atact as st:t forth m the Cmt-dd Doan=is shall not be ,moai$ed or w#lsnut writs consent of the Own=;Cant vz&,=sari Ar4act Cmi 4tzshgn not be t ==mbiy-V thhe!d, . CA&S AND CISPt M . 9aRl Chaos,disTtR a+d ahermmams In quest 07 Slimy,ottt ajarrekth4tathb Cm=act, b=hicHng?ti=•21l_ Sim'=or '- �; omt�ion by the A,pct but ndudfag those ritsdet , Pazagiaph 35"' -had be rrEred iai�ky to the far deriiaa.Such atattera,�flt ihose mlet�ito =th_e& efred and.e��t tlio'se waived as gtavided far fa Paras, of 9n sad Subparagraphs 43.3 mad 1444 iE4 after mit'sai decsion t y the Ani3iim,- or -d,days ae= M'Ud =of tbs mZU=t.o.the M a caod'aion pr=3..Mt tn• „ -a.: �'e,-`��? --ale isoc�m��.•}��eT us-� . BJM lE a dmini,aisaut=ar othdr mfr m au�aa mistm io m is the affiia a f vriih tE �mm=ii�such �proct"d in auoaisnc:with gmH=bL law to camntg Tim notice or Fiiing dues pdac in reslutiow of tae br the Aa�by' meaimdua arby ear. uugg uon; . fl m.3 'Ihs gaffe;�baII�d�vcrr to-�l+n:t3>�r aispt�'6Y�II�y�,lmles•�lze parries ' . ' tualip zrr--othertvisa,sbmll bLk accordance wig the Cion bdust 7 Mediadam Rulm of the Ame icon Aib mfioa Asor3a i,=rm*in e3c. faz a s$eIl b:Sed - '�xg wish t�se other party tn'�eiaeat sad lvith thed=erieaf Arbitmtir}a�.ssoaaan. - The rmgtrest meybe merle caam�tly .. - ' --� , - �-_�• is such. -•------o -- - -- �mediafit7n sl>aL pra�i in assorts=o�.�:.''—'==_' �'at=a_tsztalsL t�mc�ins wig ShObe stayed p�tcltx measarism far a peind tx oo says t'ne date of ftp',,tmles3 Aged far almig=pmiodlyzW=nmiafjheparii�ar caart ardt by "pt matt to aesth=effid sad' ilI V&ed as t the - Ear in Peter h g.n=daub.tmmF abs ie r.3 and 24. load--1 by a6ih-dm.which, a panic=ply agm atht�vvise,shat _in amrdan�wiih the C n��-�:�� tm}ty�trp Ar'Diaau of t6 Amerism as Aavcmiitsu m=mdy in eiii"t The demand Far arbitiatioa is ' •with the other parryta lids Ap==t ro t e a7 a t.�a withite America ArbitrntiurzAsoQ UA nacul��r A•ar,.,s� �d� herr•arlseri.The as be made within z ale Liras ate:r• , AaaREtftATM aWNMi• ezed hp the arai a r arbirm ai3-.'aa be T=4 sad N-1RACTOK AGREEMEM it in ==aim=WA mph in any car_-t J Vilig Cm Lb E by wt3tt't consent of the pecan.or sooty be na tticAia�rid direr'rfte= g cu[of or rdataig La the Contract Doasmeai shall aehid±.by 23 New York-Avamla,R.vt :.. ,a..r ..,......::+ .r- -• -- 'fiirva, whRc>ttmrih+rtmaed t2�d,am cu},je3 rba vtnlotct m Legatpin,yt,o,, such person ar eatfty is substarstially issvalved is a cmmman qustioa off present=of inch yc ar entity is zquired if ;elief is to m the srhitrainn, . I9}the iat ar ReiiY of stsr pawn rQ •matt_is lint irr�rhstaniit 1,aha{4} stleh geroon or etttii�is not . of iba� `seranlo�s at^,,, .lt 112a�meat herr_ti atn-- 0 1} Awe ii'arsd flrI1t otii:s 3YIItt a =T*'�t Iia to trait shall be mecii&Zy able=im la v in any mux t,Im- :.11 a-MM -MR CGIf)5rd7tiMIAL dAMAGM p1nVl[lt �IEf@�Il7 The C=ir�;;ad Ownervraim dsi=a8-3inft- mcb other Fw ci>asagttential azx6ps ut, g o of or relidiag to this Cmt mThk annual wrava•includes: s dmmap fimmed by the Owner hu remW mss,fir lases oFuse,income,profit, ' . linmdw,:, business.and mputatiaa, ad for I= of rdmagemerxt.-or,exapiap i pmdnci vitt'ar of;he=icm, at'stsch Sid . _. daraa iDCtrtttd by the Cm&aetar far.pana* ar= t1a ' campeamtkm of pe*sanuel stadoned ibex, fie•ksm of,&nandu& tad- mpat-iiia,std far•icss of graft=apt mfit armF=d#s ed•pditectlp aim the - . . This srnrsel wager is aaglir.�ble,waist biatiaa,Sa MIcuet>tiel dauages arre to esthe: ' pmft i=hm m in"-rn*mcm.with kztide 3s.N hing mfitelmd in this u-a'6,=bL 9.0 shad be deemed to prelude an avmxd of Trquidate+s 4ir_-dememina mplicable,int award:! with the rrcore mdz of the Caat=d D===L--' ' AA"►.1CU- 7n SUHCDT3;RACTDtZs - - - = 10.1 A 5ubaratsad- b a perm a or endtT who has a lir-= ad with the r.mftze r io - -e=sarea mace=of the Walk at 1i-1-zhm . 10) Thl-;s ,►l,e_wi!m state'in the-CorbacC-Dcm=eds or The b Bdin; the Caut7_!mzr,a3sact ms=attiLble aft=rarard cf the Caopm=. imU huzish in wzidm to the , Ownvalru&1he A`nHtcd the n6m im nE the 5ttb=ntmadam for--a:h of-11m tICnC'i'mi al of the Wark.'!�C��shah tzar coatrarf.with izsy sem' to svhea_s'ihe t?�aer ar � '•,' ' . A=inL--,hes made saaorrnble turd.timely objmaam.if ile proposed but r4wwa s•,12�- . wes i ebbe�auable of pe.*,S the Work,ib--Came-Sum tazd:C=t;zd 7m=*mR be• »' - to by the dif m=ce,if mrb b=si *ed by mc caalge,sad.aa., pMp7ft3tt —- - • . _ Cbt C rder saaII be rued before cor=enc mdmt of the m6sdmte submoirader`s Wank.The. Cadrador rImU mat b=-m*dxed to =ttad with z7am to-Whom the Caatractar.has =ade ' ra�omzbL.abjectiatrr .- - .' ' • • •. » - 1L:`s Coatm=rts bat3+�e�etha Ccmiradar toad shill(1)?etst earn 5t•' *��+� -to the m;� of the Wakto be•pedbl=s:d•by th:' to>~to li:bound is the C=Lnadarby, the t—s of the Coalrad.D=Imetrts,and to asume a mad i1e Conimix all the ebRgai am smdmaanEUNf-,imcbndiaziheresp=s" lkyfacsi-tyofthe 5ubrarsiradaesWora,whitdatbe Cba#cIvr,by Lire Ccaz�d Daalmeuts, urne5 tnv4�tbr°Owns~�d Azcbit��-!,and(a)all6r the Sub dor ilz±bare&L of ag zi 3.iemedies and?wires afFord:d to the Coat_ai Qc b th_es:Cnntmct Domment >. » 01397 AIAQ A)AIIt71,-I marmr.Ara, AP-TICE 11 dMER'S R)GHT TO. PEAFORM =N.—,,RUCi1OK A110- -to AWARD, SE'AW,E. paflREt►i,st7Da'1^'.'1�F9 CDH•1'iiAC75 ' M ' 'fie Owncr-rc=vmthe right to prstatn canstruc6tus m rebated to Llbm prajtd )tom Amer)c�n 1�'ura with the Ownaes awir kaz---' =at ta'aaactmmraa, mmncts is cis mbm wah ath=pm-tum w�tafarlGsue,G�p�Ompfl��daSe,euu_mprrfghrlavasaowID�uh)�dz.la�mkgQlgrm�nlcu� of the Projed or other mnstrucdoa or operations on the site under conditions of the rnntma identical oz substantially similar to these, including those portions related to inst=ce and waiver of subrogation,If the Contactor claims that delay or additional cost is invnlred because of such action by the Owner,the Contrpctor shall make such claim as provided in Paragraph 9.10. 1'fie Coattact4r'shall affba the Owner and separate contractor reasonable apportunity far introduction and storage of their materials and equipment and performance of their aciivi-. ties,and shall connect and coortlinate the Contractor's activities with their as Contract Doatmeats. d by the TU The Owner shall be reimbursed by the contactor fnr•rxists incurred by the Owner which art payable to a separate coaamdor hecause of delays,improperly timed activities or dl fel:avz Mnst-udiD!] 0�ihC COIItractoa ThPa�SGS'� et�alt •1�P rPcnrs..�:l.l }{,P r' W�"MLdlib ... � v�.-+....-....F.. g z isr ARTICLE 12 CHANGES IN THE WORK 721 The Owner,without:invalidating the Cotutract,may order mages in the Workwithin the . general scope of the Contrad consisting of additions,deletions or outer revisions,the Contract Sum and Contract Time being adjusted.accordingly.Such chance inthe Work shallbe miihorized by �vlitten Cage Order signed by the Owned Contractor and-Architect, or by written _. _Crtnstlttdion Cb�nge Directive signed by the Owneraud.Arcbi3ecL 1z.x The cost or credit to the Owner from a change in the Work shall be,detenaineci by riiutual agreement of the parties or, in the case of a Construction Change Directive,by the Ca ntactnes mst of labor,material,equipment,and reasonable overhead and pro$t, 12.3 The Architect will*have authority to order minor chutes la the Work not itrvolving adjustment in the.Contract sum or extension ofthe Contract Time and noUnconsistent tivith the intent of the Ooatract Documents.Such changes sball be effected by wr nen order and shall be binding on the Owner and'Contractor: The Contractor shall catty cut such wnthm orders promptly. 'If'concealed:or hnlmown physical condition's are ebcotftdered-at'tEe siti that differ —_- materially fuvau those indicated in the Contract Documents or from.those conditions ordi Im ly' found to east,the Contract gum and Contract TmP shall be equitably adjusted: ARTICLE 13 TIME 13_7 Tamp limits stated in the•Contract Dpeumeats.are of the'essence of-ttie.Contract,By emcutiag the Agmen► the Contractor confirms that the Contract Time is a ze2sonable period Jillafar performing the work. 73.2 The date of Substantial Completion is the date certified rtrEed h the Architect in with Subparagraph u4-1= Y accordance t-�5ees Supplementef Cond'ttians 01997 AJA® Ma .IT e - AIA nONiNEHt NOT�997 � g�Ordered in the Work,t,, y ABBREVIATED OWNER by labor P ,lir�,rmustraldelsyin orraaladvease Co CCr rJTRAC70R AGREEMENT �+'e�lter rnnditians not ieasouabiy anticipatuble, ties or any cassses beyond the COntractoes The Arnmi�an Institute Contract T' wntrol,orbyOther eArchitectdeterminesmaYlydela}',then the of Architect, extendedby Change Order fur such reasonable time as the Architect may T735 Raw York Avenue N IAb Washington,o.0 mu is-sm WARNIMM U phatcmFYte9 vIWOM llS=pyright taws and wiq suLfea the vinieror to regal pramnvam 1 ARTICLE 14 PAYMENTS ANb COMPLETION 14.1 APPLICATIONS FOR PAYMENT 14.7" Payments shall be made as pmviiled,in Article 4 of this Aggreem=L Applications for Payment shall be in a farm satisfactory to the Archft=L 14.11- The•Coatractorwa>sants- iat title to all-Wariccovered by an Application for pwfbUMtwill pass to the Owner no later than the time of payment.The Contractor furtherw=ants that upon submittal of as Application for Payment all Work for which Certificates fir Payment have been Prm'ausll'issued and payments Mm ved ROM the Owner sha�3is�as and dtar of liens,claims,security interests or other enamnbrances adverse to the Owner's interests, 14.2 CERTIFICATES FOR PAYMENT--- 14-2J The Architectwill,within seven days alter receipt of the Coatractoz's Application fnr- Paymenf,either issue to the Owner a Certificate for Payment.wish a copy to the Contractor,for such amouat as the Architect determines is property due,or notzfythe Contractor and Owner in 'writing of the Architect's reasons for withholding mortification in whole or in part as provided in Subpara3taPh24=-3- 14?z The iavance of a Cer ii =te fnr Paymentwill canstfiufe a representation by the Architect to the Owner,based on the Architect's evaluations of the Work and t&data commising the Applieslion for Payment,that the Work bas pmg=ed to the point$rdicated and that,to the best of'heAachite&s knowledge,inEamation andbellcF the quality of the Works in accordan with the Contrad Documents.The foregoing ins are subject to as evaluadoa of the Wad-, for co Fnrmaace with the Contract Documents upon S LtbStant]gl, Completion, to results stsanrim r 'nmtocameLli aofmiaordeviationsEmmtheCoatractDocumentsr te prior to completion and to specific qualifications expressed by the Architect.The isstitance of a Certificate for Payment will Irther conshtuie a representation that the Contractor is entitled io Paymerd in tba amount card&d•However;the issuance of a Certificate for payment wfll not be a representation that the ArdiRed has(1)made cffimmtive or cant>auous on-sfie inspections to, checkt-he quality or quantityafthe Work,(2)reviewed cdnstnnciioameans,coethods,techniques segw mcrs or prays ,(3)reviewed copies of reTlisiti.ons remved kam.Subcontractors and mat_pnal suppliers and other data mqumted bythe Ownerto s bstmA ate the Contractor's right to Pent+ar(4)made inn to wcertaim hoar or for what purpose the Coairactor has used -money previously paid on•account of the Contract Sum. -- -- _ —• _ _.. 1423 The Architect may,withheld a Certi licate for Payment in whole or in part,to the extent reasonably-necessary-to protect the Ow=if in the Ardsstect's opinion the representations to the Owner requaed by Soh y, cannot be made.If the Architect is unable to =rpfy payment.in the amount of the Application,the Aml&ed y�n'Il notif the Contraci=' and Owner as provided in Subparagraph, ,, The Architect may also withhold a Certificate for payment or, because oEsubsequeutly tliscoverzd'evideifi*m Miythe wfnole or apart of a Certificate far _ PaymmA Previm*issued,to such extent as may be necessary in the Architect's opinion to protect the Owner lion loss for which the Contractor is responsible,including loss resulting from acts and omissions described in Subparagraph L3---because•because c h a-defective Work not remedied; ° d, c a� o :. ' thiol party claims filed or reasorralple evidence indicating probable filing of such claims unless security-acceptable to the Owner is provided by the Contractor, m 1997, A i A QD 3 failure of the Coatractor to malm•paymcnts pnrpedy io.Subcontradars ar foe labor, Ata noCUMENT A=-IM matedequlpme]It; ABBRE1IIATED OWNER- .4 n UMMble evidence that the Workcanmotbe completed forthe unpaid balance of the CONTRACTOR AGREEMENT Contract Sum; TheAmerian Irm huts s damage to the Owner or another contradar; aE ArcWhIds TrO 14 EW Yar$P,p_m:° N w N►ashinpn,D.C.20006-Sa2 WAMIUM unacmud*1 m"Inavlolares us mpyd&Iaws and win s*ra fhe vk&W tc legal pmsearr m } s reasonable evidence that the Work will aat be completed within the Contract Tame and that the unpaid balanca would not be adequate in cover actual or lirtuidated damages for the aatidpated dela};or a persistent failure to carr*out the Work in m=ardmm with the Contract Documents. 1424 When.the above reasons for withholding certification are removed,certification will be made for amounts previouslywithheld. 14.3 PAYKENTS TO THE.[ONTRACTOR . 143.1 The Contractor shall promptly pay each Sribcoatxactnr,upon receipt of payment fram the Owner,out of the amount paid to the Contractor on account of such Subcontractor's portion of. the Wade, the amount to which said Subcontractor is entitled, reflecting percentages'actually - retained-rimm paymentsta•the-Contractor on account of such-•Subcontractar's pordcan of-the Work.The Con mdor shall,by appropriate agreement with each Subcontractor, require each Subcontractor to make payments to sub-subcontractors in sinu-lar Manner 143.2 Neither the Owner nor Architect shall have an obiiplian to pay or see to the payment of many to a Subcontractor except as may otherwise be mT±ad by law. 14.3.3 A Certificate for Payment,a progress payment,or partial or entire use or occupancy of the ProjectbytheOwner shalluotconstituteacceptanceofWorknotiu:1 rdance withthe Contract Documents. 14.: SUBSTANTIAL COMPLETION 14. 1 Subkantial Campletian is the stave in the progress of the Work when the'Work or designated portion thereofis suEciemly complete in accordance with the Contract Documents so that the Owner mn occupy or ut'slrfe the Wmk iar its untended use.'. 14.42 When the Architect determines chat the Work or designated partum thereof is substantially Lbmplete,theArdiiiecL wM issue a Certificate oESubstmtial Campleiiomwhich shall establish the date of Substantial Completiorn establish responsibilities of the Owner and Contractor for secu&Y,,maintenance heat,utilities,damage to the Work and insiTance,and fix the time within which the Contractor shall finish all items on the list accompanying the Certificate•�dd�ses-�eq�ad-the-Coata�Dacume �mmesea-sa�he-dente-aC�• 'pis&h ` - Meyidki -- - ,: a Cc-"ccsata -e the issuance-of the Certificate of Substantial Completion,the Architectwill submitit to the Owner and Contractor fortheirwritten acceptance of responsibilities assigned io them in such Certificate 145 FINAL COMPLETION AND FINAL PAYMENT 143.1 _Upon receipt of written notice that the Work is ready far final inspection and acceptance. and upon receipt of a final Application for Payment, the Architect will-promptly maks:guch inspection and,when theArchited finds the Work acceptable under the•Coatr.ad Documents and 111} the Contract fillly performed,the Architect will promptly issue a final Certificate far Payment slating that to the best of the Architect's knowledge,information and belie&and on the basis of 0o4a the Architect's on-site visits and inspections,the Work has been completed in acroidance with r-- terms and conditions of the Contract Documents and that the entire balance found to be due the O 19 4 7 A t A D Cant ractar and noted in the final Certificate is dile anti payable-The Axdifteces Baal Ced i Fi ate AIA DOCUMENT A707-19N far Payrnent will ccrostittde a fimthertepreseatahon that canditions stated in Subparagraphz4.g2 AOWNER- CONTRACTOR E CDNTRACTOR AGREEMENT as precedeui to the Contracor's being entitled to final payment have beer.filfilled. .. The American Institute 14.3.2 Final payment shall not became due until the Contractor has de hzmd to the Owner a or Arcbilects complete release of all liens amity out-of this Contract or receipts m full covering all labor, 7T'S N�York Avenue,N.W. P g 1� • g Washi Sten D.C.ZOMS-579! wAaumi2 unUemued phatemp*g viahtea u_wsu copyright laws and wgl sublaa the vl*War to regal PM5e=fl U w I matedals and equipment for which'a lien could be'filed,or a bond satisf story to the Owner to indemaifythe Owner against such lien.if such lien,remain s unsatisfied after payments am made, the Contractor shall refund to the Owner all.m0mythat t.be Owner may be compelled to pay in m�^a*ging such Lien,including costs and reasonable attoiaeys'fees. arising from: — a liens, clams security ktMWs or uses a= at: the Contract and rMtn ed; s oftheWorkto complywith ofthe Contract Documents;or 3 bEspedalwaaaaties bythe Contract Documents. - T45.i_Ane Payment by-the Cmdmctor,.a Submntadm or material suppEershall- .. co of claims bythat page~e�ePt those grt viousiymarie inwating and identiued . . 911 pqea ARTICLE 15 PROTECTION OF PERSONS AND PROPERTY 15.1 SAMN PRECAUT10N5 AND PROGRAMS The Contractor shall be responsible for initiating, maintaining and supervising all safety precautions and programs in connection with the performance of the Conttart The Contractor shall take Bsbieprecautions for saihty a&and shah provide_ ea proteddm to prevent damage,injury or loss to: ] etapTMy an tlhe Wank and other persons wha maybe aEfeeied thereby; ':2- the Work end materials and equipment to be incorporatedtherein;and ..3 other property at the site ar adjacent thereto.. 7he Contractor shall give notices and comply with apphcahle hws,orasnances,rules,regulations and 1awU orders of pubtiewthorhies bearing on safety of persons and property and their protection$nm damage,injury or lam.The Contractor shall promgtiy remedy damage and loss ' to property caused inwhnle or in.part by the Contractor,a subcontractor,a sub-subcontractor,or auyaae,d1re1:'4 or indizedly employed by any of them.or by anyone for waose acts they maybe, liable and forwhich the Contractor is responsible under Subparagraphs hq and 15.L3,except.for damage or loss attributable to ads or omissions ofthe Owi--arArchitect orbyanyane forwhose ads either of them maybe liable,and not.attributaole to the fault arneglitgence of the Contract= -• The fnregaing obligations of the Cant_actor are in addidanto the Cantrari A abligzdans under - Qah Sag. _ 15.2 HAZARDOUS mATr-RIALS 15.2.1 If reasmmhle Dmca diaus ws71 be inadequate to prevent foreseeable bodily injury ar death to persons suiting Oona a material or substanco, including but not limited to asbestos or polychlorinated.biphenyl(PCB),encountered on the site by the Contractor,the Contractor shall, upon recognizing;the condition,iinmediatelj•stop 1*o in the affected area and reportthe condition to the Owner and Architect in When the material at coating. anal substance has been rendered h Wark'in the o II'I, a.�less,._. . affected area shall resume uponwrittea agre..meni of the O'wner illi and Contractor The Contract Time shall be extended appropriately and the Contract Sum shag a a be increased in the amount o f the Contractar*s reasonable additional costs of shutdown,delay and a•. start-up.which adjustments shall be accomplished as provided ittArtide L aE this Agreement. 0"997 MAID moa To the fullest esteot.permitted by law;the Owner shall indemnify and hold hamtless the AIA Contractor,Submatracton,Arehiiect,Architect's consultants and agents and employees of any of RBREV- ., RE IT them from and agar claims, damages, lasses and expenses, including but not limited to attorneys'fees,arising out of orsesulting from performance of the Work iu the affected area if in The American to t!t•,te fact the memorial or Substance presents the risk of bodily injury,or death as descaied in of ArChIjacr- Tr-MNew k;x.;iue,ftW. WASHMU unilmnsed PhatacoPNnB viotntes u r,cprrig6f(awe and win su6Jaa the vwxtar to regal Ptecearttaa. i Subparagraph t5=and has not been rendered harmless,provided that such claim,damage,loss or expense is attn'butableta badilyia*ry,sichess,disease or death,orto injuryto or destruction, of tangible property(other than the Workitse_lf),and provided that such damage,loss or--cpense -is not due to the sole negligence of a party seeldng indemnity 15.L3 If,•without negli"geisca ad triie part'af the Contractor,the Corcractar is held'liabte Eat the cost of remediation of a hazardous material or substance solely by reason of performing Work as required by the Contract Document:,the Owner shag indemnify the Coatractor'for all cost ani expense thereby inraraed. ARTICLE 16 INR3RANCE _n3- ..The•Contracttar•shall purchase Braun.and maintain In a company or companies-lawMy. authorized to do business in the l isdictioa in which the Project is located immrance for jrrotectian from daims undeswozio ts'calupensation acts and ather employee benefit ads which are applicable, daims for damages because of bodily injury, including death, and claims for damages, other than to the Work ftsa to property which may arise out of or result tram the Contractor's opmations under the Contract,whether such operations be by the Contractor or by a Subcontractor or anyone dkectly or indhw*employed by any of them.This insursace shall be wntteafarnotless thanlir„ aMbllltyspedRed nthe Contract Documents armqufredbylaw,. . whichever coverage is g ' -and shall include coatrachml.liability insurance applicable to the Contradar's obligations.Certificates of'Insurance-acceptable to the Owner shall be filed with the Owner prior to cit m erIcement of the Work Each policy shall contain a provision,that the policywill not be canceled or allowed to expire until at least 3o days'prior written notice has been given to the Owner: IU OWNER'S LLMLI7Y INSURANG'e' The Owner shall be responsible far p=bssing and maintaining the Owner's usual liability incur an m 163 MOACT MANAGEMENT PROTEC,M LIABILITY INSURAN= IUM Optionally,the Owner may ngtf a the Contractor to purchase and;maintain Project 1Managelneat Protective blability insurance dam the Contractor's usual sourer as primary coverage for the Owner's, Contsact&s and. Architees .ykarious liability for construction, operat3ansunderthe CDu±r cL Unless otherwise required bythe Caatract.Damtme %the Owner; - shallmimburse the Contractor by increasing the Contract Sum to paythe cost of purchasing and maintaining such optional ineicrance coverage,and'the Contractor shall not be responsible for purchasing any other liability fimzrance on behalf of the OwneL The minimum limits of liability purchased with such coverage shall be,equal to the aggregate of the limits required for Cantractoes Liability toss crane larder Paragraph 16.L 183.2 To the exleat damages are covered by Pmjed Mioagement Protective Liability insmwce, (l the Owner,Contractor and Architect waive all rights against each other far damages,mwept such rights as they may have to the proceeds of such Um ranco The policy shall provide for such a waivan of subrogation by endorsement or otherwise. �Q rte all r-= 1833 The Owner the Contractor to indude the Owner,Awhited or other 01997 A 1 A @ persons ar entities as additional insureds on the Cantmctor's Liability insurance under Paragraph ALA ooCUMM A107 3947 hfi3. ABBREVIATED OWNER- COMMACOR ACMEEMENT 15.4 PROPERTY INSURANa The American InOMM x•4,1 Unless otherwise provided,the Owner shall purchase and maintain,in a company or cam- aiAndilte= , lames Laww&ny authorized td do business in the jurisdiction in which the Projed• is located, IM New Yark Avenue.N.W. Washiagtan.D.C.20aob-5292 WAMIM,UnUm ued pIRn=peq vIclum U_9.=Wshr taws and will subtea thavloluorto legal pramwdon. 1 • i p cnettp terrace an as'•aB-mW pm&T 5a,b6ming buWcr`s rhl;in thr.timimmt.of'Ju W Caatract 5ttm,pha the zzhs of ntbse_nern.mod S=dQas Mld cost of=WlW = Vh-Cd m2d imtt by othms, totslvailzE fwlhe=am Psaje l r-L the site on a mplace cmt bass without apd aal dedurtb]-- Sw:a m-r=rtfimmm=shznbemdedatded,unlrs olhm-vise -ixhi*4 cqn r -q„Q.tme -91 alhe meed is yvraing by 4 pemas and ntit vim are bee5d2riag of snit iecr==, tmtsl•fasal•gaymmt bms been nz& as•prm4ded in , vm:�Luanii 5 or uanl rib tion or en#other than the Now lies as iasurble iat=t,is the ' prop iip mouser by thiti 3ru io b_ate,,wbchvw is ht=This i shad int3nde iia of the fir, ' d. ....r :may IaC—rr-Each.policyshd coda a prdvisiflu thet-the. e cana_kd or allowed to, ts�that its uattl�least;a'days'ptJa''i�tea aotrce l�� ; . ILU, The Owner ani couiracim w3m, all do'a ainst. (1) eh athee mii Eq•or their 51tb=traC'1=r,A&Mb=M�d=,Rgil S=d elr' TFS,W&of the other,ma(:z.the kTexdt== , cnnsultetIIs, coairsea in As-tide Il,df day*,aad any of their su adcus,s'�ac�`ar�,qms and em[dow k'dm=.= A by Fie or otE= , . , �oFlons is the meat�d by grogertp�•z3iyns�.suce other pivl7"..Lty'iII.411I2TlCe�chle to the�J�b ,,+G_r._�} . —=1e_� �_� Ow%=or Cauftadc;as *A�+ .eEthr Axcbite�. mit l°s cm-nat mts, cartra-cttss iF m* �d tl� , dare,��,a°�ts and�plcYes of suy es tbem,.by z�nrorn>ase- + i,Y1Titian ,1%Il}*TegiaTed tar wnatK g;nn ,•V*q* is each in& er vof ad= aoriirs�imerai�dbe .Thepalidw shellpea6dr sr�.�. '. l d sub=0iian'hy i ndmse�; oroffi— e,a tier ai z>hragatiort shsA be Iffy ive as to a=on or mmxy*even thaQgh Gxt parse¢ stitp weirl3 heva a dutp aF�diiraSati,cants;: ,a� or athse,chid Tot rf-lbeia�r.: �d�oridly,aaclwhethertx�thepe===tkyhza 1 'th iasmaje.i .. m i pmpcztf da-nm60 1s`3 A lass hmmed u + :arty+ y arta� e bo the Qw=as B&miiz�.;fiathe iasx=3s,as'jhec 9„+m=zz may . =ae,,SuBjL1 to-tegtdr mem af-mr aprhcable ToaFtpz-- eIt ML-.Ti-Contractar•shall,pay - Sub�ctom their jud-h.�of,nm��� ruoceei3s rem .'c by the Q3=m m aad by Wasaya ap mate q=meuf,.+sit when lepHyrequked For icii ,shaIlz-ttfiz Subc otm'-,ms tD- make pz m=ds to°Jzai:azh-s do Khml. ;,nmm y _ APZI=--37•CORMi_ii011 OF WORK 771- TlmCom gratxtptlp Whimiej=dedbythe, it orfarlmgtocaafb= to the Tear mnemic of the Crrairad Doarmeuts,wh.-i=dhamred before ax db--5ubszant d C=A�an end.76--iher or * Wid ated,iashRed Or, =gplded. Casts m =ezang mch tacit and tesdnj mTid kgmmaas and ammcusatItm F�_'th: �L y se 7km and mmpmm:u L- ,shall be at the Cmtmctoe's unease• =i ' • tII t99c .i�.t�d u.3 •To a laion to th--Caatractar's oblieaiiom order Pmz=Vn L4,lf,�srY. t one�e$-r AM DOCUM A1117407 ... Y. . r. s=24=RcliT-- '- crliyi=, ofsnaPti=h e ==W v z==ty Tem±i by the ;Docvmeats,my of the l4 o&is Bund io be nat in. Arm —n-Z t ute ai=�•actin the=purees Of the Cala ne,Ducancais,the Ccmt:mdm sho camc=t it: �A,—&` x' the F-mw cnmplsHaa rYY---orw=h icneerperiaai �b➢fisttedtsv'tite5ussolemela�iCanu'�>ms ' ' - . w,vwtRRt Onr� Ttobaer v:.cpyrlgitt Ssrr�nml i.ID au6jce 14a•Av3rntr m te�ai gm�Smr 1 til aaa IG af.wriitea'Mvtice rr= the Ownzi w do 50•lSII}C.`.5 the owner Ins- .p iY Zh=the r,,,==b=a w1ju= M=Pil=of aceh scadwi=The Owne•EMU give sna Matin protaay aft=dismvetp of thr mndwm-ntaiag the M=-yt2r Pciad for cUrzecHQn cf Work,if the Owner tai to Malay the C and give the Can02%d 'ml OPPWMmit1`10 a, 'malas Lha mrZs.-iitm,the Ow=ah=tha yrs is rantdre sasses by"M CuMt "w�—'fi • M,�'-=.,�;��, - '� ncntio=�r�dthiriy�7�s�•atn marm as dherwisn pmvklid it1 tk a Swplam�w i ortne t are pIInc3iiis • ' CpmMorm gi IF the Caair am fai1r teles m==anrmin�)Yaric vim "z i Oar ,a may.9xied it k a=mdm=wiih Pa m_ h r•im . 17.E The ane-yew period far ccaedi'on of lfilark sha11 be d.F-ded w resrct to -.s aF ' Wars)mom perfaamed after t�epcdod.aF tmie Int = ft - L-•r:..-a'•raas and the aztusI of�eY�ar� .� -to co m ointment a tbL-Y,u mn#tip T,3 The cae-pew p far calx an of we k shad mat be =L.�H ed by ca�zctivt'Ward serf a�11Y i{ie Caair�dor pw.v�to this kd&V., The mregoing dom ndt lmu any utas r1016 • :or moreaerisitre var-ar►ty provided by fie Su plemental Con{ICLIOm ART1C' 18 MISCELLANEOUS PROVM_ONr , Wr7 �!�iCstiMEri?aF C3�fIRP.CT • , . ma CCVMNMG(Aw ire CuaL�ct shr l be gm=ed by the I^w of the gine wh-m iF e_ascjed is 1m�. '•• . 7B3 'TwrS AND tNS75•C'111316 •` , Tis,insacctioors�d a�avos oFpnztsaas of theW��by the�Mt;rsd foci*-neots ar b�y�li;a,Zraln •,.nsi.1��'i�e'�ul�alti�=s Or m�das ai:public suthodi�es Barg gra sh�I i7;• made al as aaarvotsate tome.uu►c LILLtG'1Y'.��CYldc�,the�+m •. 17L a.�+�`ZQc ' ' iac such tests, ir,�;..+t!•mn and or_ � with as iariepl��+ '�""'5 laba�tS'f�''aE'� a.mt2bk im for Owaes,or wi .I: ._mate pubEc mib=ty, s II aIl s82iM-i ams Of tc�,h=m===d acozayah_The Cathactar Shd Rim th:l udir-c E and where t�aid h=e=0=a =to ba=z'r---an tbA the�.sc t sd-y ba pt t.m soca EM The Dw=sb�b=:r cnsis aids,il=.erifoiss 'sg agals act=nee:�z '. � s�1 aft=bids werr�ivd of acga�tigas . ASB--tW Il dYt'33L:Md cmut dem MY a DI OL'��78�G'� t�r= and nay cassia of adicm dmn be. a Mat later than tjse data cF Stt Cernnletica f�acis or toad ,Tl-rn� • pricr to the mkwald ' ctbsiaaiaal•i✓cartplzYio� A Mat later ihaa the d aFisSua nF the anal C-r1mcaL Far x o ant a 6211- C=� LfiiCS tO alt -ub=umi , dam: of anus`m1 f'=+6,ipt,;=mid lK pdcr to' of the fiae!=C3tsneaf='ic�x s'a}�nae amd . : not than the dstr of the relevpnt act ar'ka M tc ad by the C=Mci g Far noir a: ... Is ur.�saa v v u.s— A I Toy ,=MW,ATS ARTIC.=19 TUMINATTBON"OF THE.CON TEr`C-A 1NtATO Ma -IEILM NFAT 011 67t h3E CDtdiFiP►�i's.R , :TrlR AG$.=JNEW the ArcHtad BEs to w=n=eadgapmeai&ir a g�icad a','•d d--�•ya-Ah.mmh im EmiL of A—rb=kmtltift CDOtT2GL7C,ur s the t uIIer f it3 a loe payer th�aa feu a p DEQ up=SCYGSI adawcxml days! llcd= is the'Cnv=amd the Arinlad,Vii^t� E� r T1�k Avelma. A � !a,a 4,Z) WAMSM wed*ftx= g v=lx=tL eaeyrigllt l e c end k1a aoplo.:tx�' 101e�1 , 7 C.aniias3y�m.�d�re�c�cyver mm theme}Q> er a7ment km Wank arta zad far mmmm =wah• o=mLG:,ah, gg=Mlr,'b3 ma f'[7T1st�eq�and m=&m� •ndud'rb; . resammbh av—_heed,pry and daaanes appr � to the etL• 12-1 MMMAMON SY Mt ONNiM 1e.-,j 'me.Owne±MLTte tbeCmmadif the Cm hcnr; . a pesa d=tly m mneate�=&m m fails to-7Tyl 'main p=cd-y L-Mr c l vim k=ar tom;i--gagmento8ub. —for mssiedy]sartsbarmA=OMEM=. i4lhe , lrmm== mts betw=the Cmt=tai ma the ff&c n� ' ds 1-mvs, grdiaencet, ac mh%iuj t an ar =L-m of a pubic mffia Or ,a offi—_W 43jIMT-Ofail—m—�ic;inra-=. mmmofthe• •Doauueis. 1532,I&=-my of the above sew=mm%the Owner,up=mwffumimbythe that auffidam case- misis to pistiip m i atdfmz,mep,witb&prepldit"to may pthu=edy the Ownm mq have and afWr orbg the Cmtfsacinr aevet days' wlitim nuti=, tsaloate the Caa#ract and tam papa of tilP S9I P tmd.ai aIlu>aft�]�,egsunsneni,,taalr,and atm ' eat>i�mamt and =wlbmy ll,—fm award by the'Cozzt=i= and,=my.fsh the Weak by ; ,+uhaies�n�ltP,-,P:�+adihe Gwaermayd�n ezp�..ua�t�SE of•fie eaafzact�,tbe ' . . ' owner aban flmzifih't a the Cm=-•=m a detaled wanudmi nc the cis alnirxed by'th omm in Udimg the War;: ' --49-1-3 When the owner 4,,,,;ad ibs cam.md for me af tha---mLm=sfrdpA 3n sus • 1a,7 oC=ff�3annrrtbe'=' IcdtommLm5 amlel • ;+. 4 •i the='=`d bal2nm of the Caatmd stmt�e�sts flf& ;he Wa�c,indh�g . 5a ibe 1`s a===sad l and alhg e3ausa inClnTtd b}*the Owa; and not w&4 mi& emm diz mid to the �if such mita and -3-2 end the unpEidl 2jmjEr'the ral=i-actar p7tlle •the Gw=The m'n'mnzl is be paid io the Cmhadw ar Ownex,as the cam=-.y be, abd be e=ffit d by l—hi A ltpan aapli ,ani this prymo sbaj m= a im�a of tl�CautarL' ' 01997 AIA® " AIA'D&CUMFtaT Alai- ABBRUTATED aWNEI C17I1TCRACTOR AGdEZ 1k,A"ltatttsrte T3 Mmv Vark AVOMR, . �� Wasiilnglan,0.0.�.Dota .. ���.���r ..�i- ' .... L�.�i..af.-.i.•.�.i fit- - 1 11»� .ARTICLE 20 OTHER CONDITIONS OR PROVISIONS This Agreement entered into as of the day and year first written above. Rice North Andover,LLC, a Massachusetts D.F.Pray General Contractors limited liability company _ OWNtER (Signature) CONTRACTOR(Signature) Robert S. Korff, Manager Michael Burke, Sr.Vice President (Printed name and title) (Fruited name and title) 1L cmnow low You should sign an original ALA document or a licensed reproduction.Originals contain the ALA logo � printed in red,licensed reproductions are those produced in accordance with the Instructions to this'document. to 01997 AIA® AIA DOCUMENT A11s7--1997 ABBREVIATED OWNER- CONTRACTOR AGREEMEN$ The American Institute of Architects MS New York Avenue,N.W. Washington,D.C.20006-MM WARNING:Unlicensed photocopying violates 11.1 copyright laws and will subject the violator to legal.prosecution. i Schedule A Page 1 of 2 j I INDEX OF DRAWINGS � ♦` � � �,, T`�er� O BY EOHLEP. ENG'iNEERRJG (� BY ' NTROL PCINT P.SSOCIA.TES • BY EOWARD3 .ND KELCE1 w cmgmvra Z,9f1w '- V:4 242oM F:VIV44a.W.P 8- o.t — .-FLE SHEETLOCaTic.J PI,AM _ PROJECT j CIVIL D!i AWINGS:SPECIFICA1IONS BY: WALGREEN$ T__..~. G' C2-__ $ITE DEAIC.n,I riQN PL,4N_� _ _ WIDLORO'S CONSULTANT U C3_ SI 1K PI.MJ -- — ALL 19NSTRUCTION V ORK.UN!_ESn N 1 _ R G4 __ G�AOiNG_FLa!a U ITY PLAN � —- O WALGREENS'CONTRACTOR 0 - 6-_ '•DR Tr 2LI_CE PLP,N ®O LANDLORD'S CONTRACTOR(T%JrN - Q C7 SCkI EROSION d OL"I:i'gEj I AND SEEIMENF .r C•NTP. STORE ( {4-- CC)JSTRUCTIGN EMAII. SHFET __-— - NErl. . . .. . . . .. ; CON'sTkUCT)ON s EFAIL SHEET .~.•~ _ .--. REMODELING •Z] ' r �L12 CC:!FKL:CTICN OETAIL SHEET_ t .--.._. i_—__.... RPIOCATIOt.. . .0 �) T OF ..-SLTAaA.CR.s L_MD 1)%,C SJR%,E;_ ..._.... . . i A t- i- _. '-`•_ ARCHITECTURALOTHERS. . . . . . . ..Q - _ v .�lA FfY.'fUR_ FLOOR pLL}J IBY e,ALB�EcVS� 41.0 --GVER LL 6UILONG FLOOR PLAN -- " �_ - • _AL 1 ?"M?Nv. .A GENERAL FLOUR PIAN d SCNE0111.ES_-� -..Y.,.�."{�__ I• _.�t.k _._T:J'�J'J--�._,rt'..:�ERgL FLOOR PJ..9ff.�}'.liiiit�„„ — _._. Pl�t�.ArlZIiKI rte__...___ h._ LL'iAj A ROC•F P Ig L DETAILS _ 8 •R,OOF PIAN d,_"VETAiu �--. _� - '�E1� N_7 - -1X FR10F! FLEYATIONS- ,0''_S. c.rr• n _ f _ _ - 1 • :A":T EXTERIOR ELEVATIONS li �k2.iA TE' B GETAN ELEVn'?ION$ -•w_ -r-I - ! A2.' �it%iERiJF' B'JI:OiN^. SECT!ONS 3 C=T.41LC- - __ SECTIONS !t GEAILS -� __ M A'.f.:• �XT1ERu?P, H,JIL+.t!!G SECTIONS tc DE?A!LS _ I».. •E =.2_9 EXT[RsOR-GUt ItJ SECTIONS fi DEiA:LS ��__ t •r'r• n2.5 ExTF.R1:?_R OElt!I.5 6 ENLARGED PL eW DuAIL _ _fi__?jTA;LS _....------ -- ---• - _ --1.� _Ai. - 3TaNRa'}.?_.DETA'L" —_ .._.— „_.f._� _ _ �� i,4.LA.i.fes_-.....'2TA�•i11.1I:�:d.�?'� __._ -_- _ O�QN F.9FY15 uRIVE-TriRU S:Rb9E�JI�jDOW OF„?f�5 �•-"-- { OTLr --- •--�—r--l-- a 5� ---'Exl;.a_�r'��P�r �_h ----- Schedule A Page 2 of 2 LIST OF DRAWINGS Drawings prepared for PETCO Animal Supplies, Inc., by Ignarri-Lummis Architects, LLP and Polaris Consulting Engineers, PC, entitled"Tenant Improvement for a New PETCO Store'Pisces Prototype"': E Drawing Title Revision Date Code Data,General Information Protot a 9/1/05 PETCO Vendor/Contractor Furnished Items Prototype 9/1/05 Site Details Protot a 9/1/05 Buildin Shell Verification Plan Proto a 9/1/05 A2.1 Floor Plan, Partition Types Protot FA5.2MEF:YtPrinr or Finish La out Plan Protot a re Fixture Plan Protot a 9/1/05 lected Ceilin Plan Protot a 9/1/05 f Plan Protot a 9/1/05 r Schedule, Finish Schedule, Door&Storefront Types Protot a 9/1/05 erior Elevations Protot a 9/1/05 ldin Sections, Interior Wall Sections Protot a 9/1/05 erior Wall Sections Protot a9/1/05 A5.3 Exterior Wall Sections Protot a 9/1/05 A6.1 Exterior Details Protot a 9/1/05 A7.1 igElevations cale Plans Prototype 9/1/05 A8.1 Details Prototype 9/1/05 A8.2 Details Protot a 9/1/05 A9.1 Elevations Protot e 9/1/05 A9.2 Prototype 9/1/05 PME1.1 Plumbing,'Mechanical/Electrical General Information Protot a 9/1/05 P1.1in General Information&Schedules Protot a 9/1/05 P2.1in Plan Protot a 9/1/05 P3.1r Lar a Scale Plans and Details Protot a 9/1/05 P3.2 Lar a Scale Plans and Details Prototype 9/1/05 P4.1in Riser Diagrams and Details Protot a 9/1/05 MIAanical General Information and Schedules Protot a 9/1/05 M2.1anical Plan Prototype 9/1/05 M3.1anical Lar e Scale Plans and Details Protot a 9/1/05 M3.2anical Details Prototype 9/1/05 F1.1u ression System General Information and Details Prototype 9/1/05 E1.1 Electrical General Information and Schedules Protot a 9/1/05 E1.2 Panel Schedules Protot a 9/1/05 E1.3 Electrical Single Line Diagram and Details Prototype 9/1/05 E2.1 Electrical Lighting Plan Protot a 9/1/05 E2.1A Electrical Lighting Dimensional Plan Prototype 9/1/05 E2.2 Electrical Power Plan Prototype 9/1/05 E2.3 Sound and Communication System Prototype 9/1/05 LEMS1.1 .4 Security S stem Plan Prototype 9/1/05 .5 Ener Management Sstem Plan Protot a 9/1/05 .1 Electrical Large Scale Plans and Details Prototype 9/1/05 .2 Electrical Lar e Scale Plans and Details Prototype 9/1/05 I Ener KA-agement ssteminformation Prototype 9/1/05 PETCO Pisces Prototype P E01011 EB-2004-03-25 Schedule "A-1" to the Fiscal 2004 Criteria Drawings and Specifications (published September 2003) CRITERIA SPECIFICATIONS FOR SELF SERVE WALGREENS STORE iV0 DRAWING T0.1 Title Sheet/Location Plan Jul 2004 A0.1 General Project Data and Site Plan July 2004 A0.1A General Project Data and Site Plan (Southern Prototype) July 2004 L1 Landscape Schematic July 2004 C0.0 Civil Engineering Requirements July 2004 C0.1 A.D.A. Accessible Parkin Data Ju) 2004 C6.1 Truck TurningRadii Jul 2004 C6.2 Compactor Details July 2004 D.1 Fixture Plan (Right Hand 114' x 130') July 2004 A1.1 General Floor Plan and Schedules July 2004 A1.2 Reflected Ceiling Plan (Right Hand 114' x 130') July 2004 A1.3 Roof Plan and Details Jul 2004 A1.4 Roof Details _July2004 A2.1 Exterior Elevations, Details and Sign Data Julv 2004 A2.1A Exterior Elevations, Details and Sign Data July 2004 A2.2 Exterior Building Sections and Details Jul 2004 A2.3 Allowable Wall Systems July 2004 A3.1 Interior Elevations Data and Details Jul 2004 A4.1 Standard Details July 2004 A4.2 Standard Details July 2004 A4.3 Standard Details Jul 2004 A4.4 E.F. Bavis Drive-Thru Service Window Details uly 2004 A4.41) Diebold Drive-Thru Service Window Details July 2004 A4.5 Roof Curb/ Door Details JuI 2004 A5.1 Monument Sign Details (126 s .ft.) Jul 2004 A5.2 Exterior Sign Data July 2004 S0.1 Satellite Dish Antenna Su os rt Scheme No. 1 Jul 2004 S0.2 Satellite Dish Antenna Supports Scheme No. 2 Jul 2004 M1.1 Floor Plan- Mechanical July 2004 M1.1 G/S Floor Plan-Mechanical July 2004 Mi A C Floor Plan-Mechanical Jul 2004 M2.1 Mechanical Details Jul 2004 M2.2C Carrier Mechanical Equipment Schedule and HVAC Control July 2004 Wiring Diagram M2.2T Trane Mechanical Equipment Schedule and HVAC Control July 2004 Wiring Diagram P1.1 Floor Plan - Plumbing July 2004 P2.1 Plumbing Details and Schedule July 2004 E0.1 Site Electrical Plan July 2004 E0.1A Photometric Calculations (Sample—Lithonia July 2004 E1.1 Floor Plan - Lighting July 2004 E1.2 Floor Plan - Power July 2004 E1.3 Floor Plan - Ethernet and Satellite System -July 2004 E1.4 Floor Plan - Burglar Alarm and CCTV Systems July 2004 E1.5 Floor Plan -Telephone and Sound System July 2004 E1.6 Floor Plan - Fire Alarm System and Spare Conduit July 2004 E1.7 Floor Plan—Channel Letter LED System July 2004 E2.1 Feeder Diagram 120/208 /Electrical Details July 2004 E2.1A Control Schedules -July 2004 E2.1 B Control Diagrams July 2004 E2.1C Testing, Miscellaneous Electrical Details & Square "D" Wiring July 2004 Diagram D2.1 D EMS Wring Block Diagram July 2004 E3.1 Electrical Panel Schedules 120V) July 2004 E4.1 Luminaire Schedule and Details July 2004 E4.2 Satellite System Details July 2004 E4.3 Electrical Details July 2004 E4.4 Electrical Details -July 2004 E4.5 Cooler/Freezer Wiring Diagrams July 2004 E4.6 Air Curtain Wring Diagram July 2004 Schedule A-2 TECHNICAL SPECIFICATIONS FOR Walgreens Store No. 10209 North Andover, MA EK Project N°. 050013272 March 10,2006 Prepared By: Site-Civil: BOHLER ENGINEERING 352 Turnpike Road Southborough,MA 01772 Architectural, Structural,Mechanical, Plumbing,Fire Protection, Electrical; EDWARDS AND ICEELCEY 343 Congress Street Boston,MA 02210-1131 R 1 a I WALGREENS-NORTH ANDOVER,MA EK PROJECT N°.050013272 CONTENTS Bidding Requirements SECTION 00007—State Seals 00007-1-00007-1 SECTION 00015—List of Drawings 00015-1-00015-3 SECTION 00320—Geotechnical Data 00320-1-00320-1 Geotechnical Data Investigation by Geotec;mical Services,Inc. 25 panes i Contracting Requirements SECTION 00500—Agreement Form—Stipulated Sum 00500-1-00500-1 AIA Document Al 0l,"Standard Form of Agreement Between Owner and Contractor where the basis of payment is a Stipulated Sum," 1997 G pages SECTION 00700---General Conditions 00700-1-00700-I AIA Document A201,"General Conditions of the Contract for Construction," 1997 39 pages SECTION 00800-Supplementary Conditions 00800-1-00800-8 Construction Products and Activities DIVISION 1=-General Requirements SECTION 0101 O—Su nmary of Work 01010-1-01010-9 SECTION 01400—Quality Control Testing 01400-1-01400-4 a 9 DIVISION 2--Site Work SECTION 02190—Sitework/Excavation ? � 0_190-1--02I90-5 SECTION 02500 Paving and Surfacing 02500-1-02500-4 Z SECTION 02825—Ornamental Fence 02825-1-02$25-5 SECTION 02$30---Chain Link Fence 02830-1-02830-4 3 SECTION 02900—Landscaping Improvements 02900-1-02900-5 DIVISION 3--Concrete SECTION 03310--Concrete 03310-1-03310-7 s DIVISION 4—Masonry 2 SECTION 04200—N4asonry and Stone 04200-1-04200-6 N M 9 DTVISION5--Metals 9 SECTION 05120—Structural Metal Framing a d 0512 0-1-05120-2 SECTION 05250—Metal Joists/Metal Declang og 05250-1-05250-3 CONTENTS { WALGREENS-NORTH ANDOVER,MA EK PROJECT No.050013272 DIVISION 6—Wood and Plastics SECTION 06100—Carpentry 06100-1-06100-3 SECTION 06620--Fiber Reinforced Plastic Components 06620-1-06620-5 DIVISION 7—Thermal and Moisture Protection SECTION 07200—Insulation 07200-1-07200-3 SECTION 07205—Foamed In Place Insulation 07205-1-07205-3 SECTION 07240—Exterior Insulation Finish Systems 07240-1-07240-3 SECTION 07300—Shingles 07300-1-07300-2 SECTION 07410—Metal Siding Soffits and Trim 07410-1-07410-3 SECTION 07460—Non-Asbestos Fiber Cement Siding 07460-1-07460-3 SECTION 07500—Membrane Roofing Systems 07500-147500-5 SECTION 07510—Built-Up Membrane Roofing 07510-1-07510-5 SECTION 07530—Flexible Sheet Roofing 07530-1-07530-5 SECTION 07600—Flashing, Sheet Metal,Accessories and Specialties 07600-1-07600-4 SECTION 07610—Metal Standing-Seam Roofing 07610-1-07610-3 SECTION 07900—Joint Sealers 07900-I-07900-3 DIVISION 8—Doors and Windows SECTION 08100—Metal Doors and Frames 03100-1-08100-3 SECTION 08200—Wood Doors 08200-1--08200-3 SECTION 08300—Special Doors 08300-1-08300-4 SECTION 08450—Aluminum Storefronts and Automatic Entrances 08450-1-08450-6 SECTION 08470—Revolving Doors 0$470-1-08470-3 SECTION 08700—Finish Hardware 08700-1-08700-4 SECTION 08800—Glass and Glazing 08800-1-08800-7 DIVISION 9—l+inishes SECTION 09250--Gypsum Drywall 09250-1-09250-4 SECTION 09300---Ceramic Tile 09300-1-09300-2 SECTION 09510—Acoustic Ceilings 09510-1-09510-3 SECTION 09650—Resilient Flooring 09650-1-09650-4 SECTION 09680—Carpeting 09680-1-09680-1 SECTION 09910—Painting and Vinyl Walcoverings 09910-1-09910-6 SECTION 09985—Special Wall Surfaces 09985-1-09985-2 DIVISION 10—Specialties SECTION 10190—Toilet Partitions and Accessories 10190-1-10190-3 SECTION 10522—Fire Protection Specialties 10522-1-10522-2 DIVISION 12Purnishings SECTION 12484—Floor Mats and Frames 12484-1-12484-2 DI'V'ISION 15—Mcclianical SECTION 15050—Basic Mechanical Materials and Methods 15050-1-15050-4 CONTENTS I WALGREENS—NORTH ANDOVER,MA EK PROJECT No.050013272 SECTION 15250—Mechanical Insulation 15250-1-15250-2 SECTION 15300—Fire Protection 15300-1-15300-4 SECTION 15400—Plumbing 15400-1-15400-4 SECTION 15500—Heating,Ventilation and Air. Conditioning 15500-1-155004 SECTION 15650—Refrigeration 15650-1-15650-1 SECTION 15880—Air Distribution 15880-1-15880-4 SECTION 15950—Controls 15950-1-15950-5 SECTION 15990—Testing,Adjusting,Balancing and Commissioning 15990-1-15990-5 DMSION 16—E,lectrical SECTION 16050—Basic Electrical Materials and Methods 16050-1-16050-4 SECTION 16400—Service and Distribution 16400-1-16400-7 SECTION 16500—Lighting 16500-1-16500-2 SECTION 16600—Special Systems 16600-1-16600-3 SECTION 16720—Fire Alarm System 16720-1-16720-4 I v v m n w ffi a 9 Z O a 2 6 y E a a 9 ry ri �g �u d 4 o a Cg o� 1-4 3 CONTENTS APPLICt;TIOI, ND CERTIFICATION FOR PAYMENT A; OCUMENTG702 PAGE ONE OF PAGES TO: RICE NORTI I ANDOVER,LLC PROJECT: WALGREENS/PETCO APPLICATION NO: Distribution to: c/o MARK INVESTMENTS,INC. CORNER OF TURNPIKE ST.& OWNER 54 JACONNEI'ST.,SUITE 203 WAVERLY ROADARCHITECT NEWTON,MA 02461 N.ANDOVER,MA PERIOD TO: =CONTRACTOR FROM: D. F. PRAY,INC. VIA ARCHITECT: EDWARDS&KELCEY 25 ANTHONY STREET 280 SUMMER ST. SEEKONK,MA 02771 BOSTON,MA PROJECT NOS: DFP#231 LJ CONTRACT FOR: CONTRACT DATE: 4/10/2006 CONTRACTOR'S APPLICATION FOR PAYMENT The undersigned Contractor certifies that to the best of the Contractor's knowledge, Application is made for payment,as shown below,in connection with the Contract. information and belief the Work covered by this Application for Payment has been Continuation Shcet,AIA Document G703,is attached. completed in accordance with the Contract Documents,that all amounts have been paid by the Contractor for Work for which previous Certificates for Payment were issued and payments received from the Owner,and that current paynmcnl shown herein is now due. I. ORIGINAL CONTRACT SUM $ 4,900,000.00 2. Net change by Change Orders $ 0.00 CONTRACTOR: D. F.PRAY,INC. 3. CONTRACT SUM TO DATE(Line 1 t 2) $ 4,900,000.00 4. TOTAL COMPLETED&STORED TO $ 0.00 DATE (Colunm G on G703) By: 5. RETAINAGE: Date: April 26,2006 a. 10 %of Completed Work $ 0.00 Stateor. MASSACHUSETTS County of: BRISTOL (Colummn D+E on G703) Subscribed and sworn to before me this day of 2006 b. %ofStorcd Material $ Notary Public: (Colunm F on G703) My Commission expires: Total Retainage(Lines 5a+5b or Total in Column I of G703) $ 0.00 ARCHITECT'S CERTIFICATE FOR PAYMENT 6. TOTAL EARNED LESS RETAINAGE $ 0.00 In accordance with the Contract Documents,based on on-site observations and the data (Line 4 Less Linc 5 Total) comprising the application,the Architect certifies to the Owner that to the best of the 7. LESS PREVIOUS CERTIFICATES FOR Architect's knowledge,information and belief the Work has progressed as indicated, PAYMENT(Line 6 from prior Certificate) $ the quality of the Work is in accordance with the Contract Documents,and the Contractor 8. CURRENT PAYMENT DUE $ 0.00 is entitled to payment of the AMOUNT CERTIFIED. 9. BALANCE TO FINISH,INCLUDING RETAINAGE $ 4.900,000.00 (Line 3 less Line 6) AMOUNT CERTIFIED...........$ CHANGE ORDER SUMMARY ADDITIONS DEDUCTIONS (Attach explanation ifanuount certified diJJers from the amount applied.Initial all figures our this Total changes approved Application and on the Continuation Sheet that are changed to con_farm with the amount certified.) in previous months by Owner 0.00 ARCHITECT: Total approved this Month By: Date: TOTALS 0.00 0.00 This Certificate is not negotiable. The AMOUNT CERTIFIED is payable only to the Contractor named herein.Issuance,payment and acceptance of payment are without NET CHANGES by Change Order 0.00 prejudice to any rights of the Owner or Contractor under this Contract. AIA DOCUMENT G702 APPLICATION AND CERTIFICATION FOR PAYMENT 1992 EDITION AIA-p1992 THE AMERICAN INSTITUTE OF ARCHITECTS,1735 NEW YORK AVE.,N.W.,WASHINGTON,DC 20006-5292 Users may obtain validation of this document by requesting a completed AIA Document D401 -Certification of Document's Authenticity from the Licensee. l f CONTINUA i ION SHEET PO"2OF2 AIA Document G702,APPLICATION AND CERTIFICATION FOR PAYMENT,containing AIA DOCUMENT G703 Contractor's signed cenification is auached. APPLICATION NO: 0 In(abulations below,amounts are stated to the nearest dollar. APPLICATION DATE: 0% Use Column I on Contracts where variable retainage for line items may apply. PERIOD"r0: 0% ARCHITECT'S PROJECT NO: DFP#231 A H C D F F c 11 'PREVIOUSLY t ;° k §TOT,ALt \YORK.COMPLIi"rFD r t MATERIALS TOTAL ITEM ;,SUBMIlI'. CURRENT ; SUBMITPED� FROM PREVIOUS PRESENTLY COMPLETED SCHEDULED LIEN LIEN jY L7EN °r APPLICATION HALANCIi nREFAINAGrNO. UFSCRIPTION Oh\VOItI: VENUOR NAMI'. VALUE WAIVERS SIORED AND STORED 10 FINISiI�'✓AIVI WAIVER$ r.. (U F) THIS PERIOD (NO'r IN 'r0 DATE.r ' ` ' 3fx (C',,.C) (C-G) 1 DIVISION 7-GENERAL CONDITIONS D.F.PRAY 210000 C�r�, � '+' {tq�)+., D OR E) 2 PERMITD.F.PRAY 32000 S " 0' 0% 2)0.000" U.Uc 3 DIVISION 2-SITEWORK 0.0 s r.'+YC 0% 32.000. 1.690.000 .' x r�`�,tw'- ^t :r..r. �av`-a" O.00 r 4 DIVISION 3•CONCRETE 198000 &'� ?v r}. T:-".,,,jY. I M 0. 0% 1,690.000. 0.0 ; pr i� ?` 0. 0% 5 DIVISION 4-MASONRY 198.000.00 0.00 000 ,r 6 DIVISION 5-STEEL I:.a s 0.0 0% 320.000. 0. 325 000. 7 DIVISION 6-WOOD&PLASTICS0.0 0% p. 325.000. 450 000 8 DIVISION 7-THERMAL 8 MOISTURE % p. 2100000 N 0. 0 450.000. r -I ) ti 9 DIVISION 8-DOOR 3 WINDOWS 148000 $ f t '*r 0. 0% 210,000- 0. t . 10 DIVISION 9-FINISHES 0. 0% 148.000. 0 355 000.0 •='I r { , 1 I DIVISION 10-SPECIALTIES p 0. 0% 355.000. 0. 37,000.0( 12 DIVISION 15-MECHANICAL 0.0 0% 37.000. 0. 13 SPRINKLER 14 HVAC 52.000.0( 200,000. '` �+., > 'a r rs;�.:.3,;. 0.0 0% 52.000. 0.0 15 PLUMBING 128.000 0. 0% 200,000. 0.0 �."% �' h 't`•; a ,\. 16 DIVISION 16-ELECTRICAL r 0. 0% 128,000. 0. 385.000 17 DIVISION 17-FEE0% 385.000. 160.000. 0' 0.0 t 0.0 0% 160.000. 0.0 CHANGE ORDERS r.- +1h a . 4 ; V )-y 1 BASE CONTRACT TOTAL 4,900,0000 - 0' 0.0 0.00 0.00 0.0 0% d,900.000. CHANGE ORDER TOTAL 00 " 0• O.CO 0.00 0.00 0. #DIV/0! TOTALS 0.00 0.00 0% 4,900,000.00 0.00 0 Schedule C Clarifications, Exclusions & Qualifications Walgreens North Andover, MA 1. Testing Lab Service Fees by Owner, scheduling and coordination by Contractor. 2. Building Permit by Contractor. 3. Demolition Permits by Contractor. 4. Utility Disconnects by Contractor. 5. Utility connection charges and fees and city fees excluded for services to new building. 6. Schedule, completion no later than 260 days from the date of commencement. The date of commencement shall be the later of(i) the date of issuance of the building permit (unless a demolition permit is issues separate from a building pert-nit in which event the earlier issuance of the demolition permit shall be the applicable date), and (ii) the date full access to the property is delivered. See substantial completion and penalty clause for detail. 7. The project includes completion of the building to include the Petco Criteria List of Drawings attached hereto as part of Schedule A and the Petco specifications for the project. 8. Hazardous waste removal by Owner. 9. Builders Risk Insurance by Owner. 10. Unsuitable soils, rock, ledge and winter conditions are excluded. 11. Unit Prices for unsuitable material removal and imported structural fill will be forwarded by contractor prior to awarding sitework subcontract. 12. ' Contractor acknowledges receipt of the Order of Condition, Notice of Decision, and Mass Highway Permit attached hereto as Schedules F-1, F-2, and F-3 respectively. Contractor agrees to comply with such Order of Condition, Notice of Decision, and Mass Highway Permit as they relate to construction of the project. 13. The Walgreens Lease provides as follows: "Landlord shall notify Tenant (Attu.: Project Manager, Construction Dept.) prior to the commencement of construction. In addition, upon notice to Landlord, Tenant may, from time to time, and at any time prior to acceptance of possession of the Leased Premises by Tenant, enter upon the Leased Premises for the purpose of inspecting any of the work required to be completed by Landlord hereunder. The foregoing notwithstanding, Tenant shall have the right to make the following inspections (the "Required Inspections"): (i) Pre-Slab Inspection: The Pre-Slab Inspection shall occur (A) after Landlord has completed the digging of the foundation and all of underground plumbing rough required by the Plans or Criteria including all wastes, drains, drain tile and water and sewer work, if any required thereby and (B) prior to pouring the concrete slab and the completion of any soil compaction or backfill work. (ii) `Rough Inspection: The Rough Inspection shall occur (A) after Landlord has completed all interior plumbing and electrical rough; and (B) prior to the installation of any insulation or drywall. (iii) Roof Inspections: The Roof Inspections shall occur (a) prior to the initial application of the roofing materials; and (b) prior to installation of the coping. Landlord shall send written notice to Tenant, Attim Project Manager, Construction Dept., with a copy to Tenant's field superintendent, at least seven (7) days and not more than fourteen'(14) days prior to the date that the work is ready for inspection. Such notice shall set forth the date that all such work is to be completed (the "Anticipated Completion Date"). Tenant shall have the right to inspect the work on the Anticipated Completion Date or such other date as theP arties hereto shall agree. In the event that Tenant shall fail to inspect the work on the Anticipated Completion Date (or on such other date as the parties hereto had otherwise agreed) and provided further that any extension of such date would result in a delay in the construction of the Leased Premises, then the right of Tenant to perform such Required Inspection hereunder shall be waived and Landlord shall have the right to continue construction of the Leased Premises as if such Required Inspection had been performed. Any waiver of a Required Inspection shall not be construed so as to waive (a) Tenant's right to any other Required Inspection hereunder, or (b) any of Landlord's obligations under this Lease (including but not limited to Landlord's obligation to correct defects or nonconforming aspects of the work). In the event that a Required Inspection reveals any defective work or work which is not in conformance with the Plans, then Landlord shall, at Landlord's sole cost and expense, and.within ten (10) days following such Required Inspection correct all such work to the satisfaction of Tenant, and Landlord shall reimburse Tenant for any costs incurred by Tenant in connection with such Required Inspection, including, without limitation, the cost of any independent testing or inspection performed by or on behalf of Tenant and any re-inspection of the Leased Premises as a result thereof. Any entry upon the Leased Premises by Tenant or Tenant's failure to identify a defect in construction during any Required Inspection, shall not waive any of Landlord's obligations under this Lease (including but not limited to Landlord's obligation to correct defects or nonconforming aspects of the work). Each Required Inspection is for the sole benefit of Tenant and shall not be relied upon by any other party. Nothing herein contained shall be construed as a waiver of or limitation on any additional rights of Tenant hereunder." Contractor is aware and will comply with these inspection requirements and will notify the Walgreens Project Manager at Walgreen Eastern Co., Inc, Attention: Project Manager— Construction Department, 200 Wilmot Road, Deerfield, Illinois 60015 and the field superintendant at least seven (7) and not more than fourteen (14) days prior to the date the work is ready for inspection. Notices should be sent by certified mail or overnight delivery. A copy of the notices sent to the Project Manager and Field Superintendent will be sent to Owner or as Owner directs. In the event that a Required Inspection reveals any defective work or work which is not in conformance with the Plans, then Contractor shall, at Contractor's sole cost and expense, and within ten (10) days following such Required Inspection correct all such work to the satisfaction of Tenant and Owner, and Contractor shall reimburse Owner for any costs charged to Owner by Tenant in connection with such Required Inspection, including, without limitation, the cost of any independent testing or inspection performed by or on behalf of Tenant and any re-inspection of the Property as a result thereof. Any entry upon the Property by Tenant or Tenant's or Owner's failure to identify a defect in construction during any Required Inspection, shall not waive any of Contractor's obligations under this Contract (including but not limited to Contractor's obligation to correct defects or nonconforming aspects of the work). 14. Price also excludes bonds, utility charges and fees, monitoring testing, as-built survey and tie-in fees. 15. In the event of a conflict between (a) the Criteria Specifications for Self-Serve Walgreen Store prepared by Walgreen Co., revised July 2004 (fiscal 2005) and Criteria Plans including the drawings referenced on Schedule A-1 attached hereto and incorporated herein by reference, and (b) the plans and specifications attached hereto as Schedule A, the Walgreens Criteria Specifications and Criteria Plans shall control, unless prohibited by local codes. 16. In the event that there are Punchlist Items (hereinafter defined) as of the date of delivery of possession of the Property to Walgreens, Contractor shall promptly and properly complete the same. For purposes hereof "Punchlist Items" shall be defined as those incomplete items which, in Walgreens or Owner's reasonable determination do not materially interfere with Walgreens's ability to fixture and merchandise the Property or open or occupy the same for Walgreen's business in accordance with Wal- customary business practices. None of the items listed on Schedule"D" shall be considered punchlist items and all of the same must be satisfactorily completed prior to the date of delivery of possession of the Property to Walgreens. Contractor shall complete the Punchlist Items within thirty (30) days after receipt of Walgreen's punchlist or within fifteen (15) days after any reinspection by Walgreens after the issuance of Walgreens initial punchlist. Contractor acknowledges that Owner is obligated to reimburse Walgreens in the event that a Walgreens reinspection reveals that Contractor has failed to complete the items on Walgreens initial punchlist to Walgreens's reasonable satisfaction for any costs incurred by Walgreens in connection with such reinspection, including, without limitation, the cost of any independent testing or inspection performed by or on behalf of Walgreens and any reinspection as a result thereof and that Contractor shall be responsible for such costs to the extent the same result from Contractor's failure to timely and fully complete any portion of the Walgreens punchlist which is Contractor's obligation to complete pursuant to the terms and conditions of this Contract. 17. The Walgreens Lease further provides as follows: Contractor hereby certifies to Owner and to Walgreens that: (i) Contractor is in full compliance with the immigration laws of the United States relating to Contractor's employees assigned by Contractor to perform services pursuant to this Contract; (ii) all of Contractor's employees are authorized by law to work in the United States and Contractor's employees have presented documentation to Contractor that establishes both identity and work authorization in accordance with applicable immigration regulations (and to the best of Contractor's knowledge, information and belief, the documentation presented to Contractor is genuine and accurate); and (iii) Contractor complies with all federal, state and local labor and employment laws, and wage and hour laws, as these laws may relate to Contractor's employees performing services pursuant to this Contract (collectively the laws referenced in this paragraph shall be referred to as the "Immigration and Employment Laws"). After the date hereof, Contractor shall fully comply with all Immigration and Employment Laws in connection with Contractor's performance of services for Owner hereunder. As of the date of completion of Contractor's work, Contractor shall be deemed to have certified to Owner and Walgreens that Contractor has complied with the Immigration and Employment Laws during the period of time from the date of this Contract through and including the course of performance of such work. In addition, Contractor shall require, in all contracts with all subcontractors, that each such subcontractor: (x) make the certifications set forth in this paragraph to both Owner and Contractor as of the date of execution of such contract; (y) make the covenants contained herein pertaining to compliance with the Immigration and Employment Laws during the course of performance of such contractor or subcontractor's work; and (z) reaffirm, as of the date of completion of all work to be performed by such subcontractor, that such subcontractor has complied with the Immigration and Employment Laws during the course of the performance of such subcontractor's work. 18. In addition to and not in limitation of any requirements required pursuant to the terms of this Contract or by law, (a) the requirement of Contractor to produce lien waivers for itself and for subcontractors shall include completion of an accurately completed and valid "Partial Waiver and Subordination of Lien" " ("Partial Waiver") in the form prescribed by MGL chaptex 254, Section 32 (a sample of which is attached hereto as Schedule G), executed by all contractors and subcontractors who have filed notices of contract pursuant to MGL Chapter 254, Section 2; all Partial Waivers must be received not later than five (5) days after the end of the payment period covered by the most recent Application for Payment; (b) Contractor shall provide Owner a "Notice of Substantial Completion" in the form prescribed in MGL chapter 254, section 2A from any contractor or subcontractor who has filed or recorded, a notice of contract pursuant to MGL chapter 254, section 2 and Contractor shall serve written notice of the filing or recording in the manner and to the persons required by said statute; and (c) immediately upon the termination of any contract with any contractor or subcontractor who has filed or recorded, a notice of contract pursuant to MGL chapter 254, section 2, Contractor shall obtain and file or record with the Essex County (Northern District) Registry of Deeds/Registry District of the Land Court a "Notice of Termination" in the form prescribed in MGL chapter 254, section 213, and shall has served written notice of the filing or recording in the manner and to the persons required by said statute, and has provided Lender with evidence of compliance with the foregoing provision. ti Schedule°IV WAL3REEN-9 NEW STORE REOUiRRfiEN i S The fc: .a hiTts.aL;=required 4 IllaIgt�stas tar alituml�ey, ne�v aFors. . . locaii sm These 6i 5,mist be Mmplated F dans hetm the.proposed dates of 1 dellnry of passzssion to WWgree�t� It Is hoped that cc- piiainca ' chedciis�will assist b wifith'this ' merchwdildng and opening of this new VVWg the e�TtciEnt r uring� . m. All Permanent Ztiiliues in be minpieta,val.maters lnsta led. Any tdEPiy deposits are'the responsiri ty of the davelopq: . 2- '-' ;iii consff td6n debris l-be remrnred.'1;{oars s'hodd be broom dean. . The roti is to be clean and tee of 1 4. ' Ar doors are to.be hung wirh aPl a hardwera lnpWlsd. • ~?• i tte ei omatic et-anca doors must be hsialiied and operuor:aL The , storefront must be campy and the buiirling saourr• E. All exposed•concrata loorsmust ba scaled AR-floor file must ba . s. Watl btisa .. sample'tmay be h�.Wed a'tar pos5essian. ?_ AH caTrld work mus,be c=pied. $: 'All painting and vinyl wall covering must b;complad. g• Re.-tmms must-be complete. (Wafer heaters energized,-parmons installed, etc,) n• Fka proteoiion system to be opersftel.'This Includes any and all . rernats.systems or system mcnrmdng that may be required by local a�.tti-wriiy. The HVAC t s must be o' � ta;3o . Pe t�I. This includes and � aa. 12. RF-fdgeraiion.curbs,andi ch = ins�fled, F pe ,arwalk•h coolers must bs _ M All lighting Must be fristalledwith the=—epbo6 or the single sr-1p rgi s d on ?`-6" somts. A Walgrean representative w7i advise on this.. __ �3• iheseiaUfe mss' sssmiated line ( - i he develrr�,�fecrai=a(c�ntr •m p •wita wm 9,e This includes an Pow co ctf electrical I�rmusf.bp=mPl�. praperiy labeled, c+mar� panels yhoh must�e wired and ' deuires end the p�, tmcf a= �d#o Walgreen P e. ed LAN stable, Ss= able , cable tnusf-be hsiailed,'•' M-MC cable-md So parr t9lenhene 17. Sig? c�t� �t be.RuBed-aid The raariy for to aim Installer: • bWdmg mei , com*W including pig lr and ParkmH area MQ be - r d ibe CerWM S I o signageOd's�. ANY lands �Pancy MLIe,be 8 The ' Briar ids-and- . T his irtdudes sign•bec�'V unset'�aPCorlip a�ready for sigh, �. it pane. . . �,,m ec' pc cid rebs h build'�ng, to and otherit�s ��been main�ined wir'h the local. its. H�i�a certin�te of mart �° W shocticl-bE mads to igreen r�-P�tfire�re pasaessio��abb plea., as the stats .. ,. Cet'tmcait of . _' ridenq'cri tMe must be ptnv c eed ta'UUal n:s Law t}e a aer3nca�a-occ P�nenf.. '�Cy r to bring k n rchan� �no red.as soon as 00ssi��, Pleas,� � �9r�ns mrisc hEalth in INS g�•1 nsuit 1 the Iat�I buld'ma•'nre and . . y 3 fl'tis po�`sb11Ry, iha de���er's elecfrTcal czar�ra � . heigmen dev on pe electrL He cfor wm Work"Fiend in Glovie wM W wM Provide sur'ncl e�icia arlm, ar;ivEl of Walgreen suppUed' ens el ns and materlm, , o tt6r¢54 " theVI l peening "'h't"e ma r be maw p s er coo Satre, �ve�s_e5l�l. •--�-,-. .. . #�___ I :33i`�171IiCA�98�' � ' 'L=lrl,WILL BE @15c"'D AT;-pg F7P1 L YAF�f TH&7t)�G]�,1P[Y 1, 1141 ;[71493'1.,t.E'.WILL BE • T'ae D:�'a1na-~and C►:aeal Lantractei•sha11 ea11•Walgre�s�canisaaCor�It>3teB a`°'Prralg� . soIIn'sigats}as soon as the site is uccapid.Tn:siga(s�s6si1 is:vm9bla at sIE 1Lu astd 4- a$ to Th:film T13C dp(s)sial]be 1=dird at l=t 41 OTdm it =d• F;avrdt the VdF iM: ciittn da mrrment with the mn;;E=mud im .UrOm C_.= =21 , Cntinactar and the rile ttRrtts�F fs amn .� ' P;ovkL-the P p ml building addt=1n Wait res sam m it h r=+icA— . F=v m�i4 canstl•ur dm updai;to 947-914-3"1 mik-the=s4md fam . A se;to aiErras'Gibs�rtvit>, S}r iratioas`at:mquhd as*h bs4 CaE the d.v-ele g ' nz�ht;cr a� _ , IOR %=I sings are to be==red tx>$galvarii�-del doh, � , Remove aIi teatpary pOWO and t:lcph= .' Fm_and p+o{t:, ' • • ' A=m:the fnnn r&z aro na sbcwing ivbea jh:bui7d➢a t r or s1a. � liletr.`Ilic I>�alts[]-wall, meat line 1�+vrn�rt,� Tas Item rraas snap •_ .,�P IzavL a.aad mnrta,slcq=of 1.12 {S�Fnt'a typic a•saw aad a side• �� . • s]-ris ai 1. pn faot e}aoc,tlr rmnn rvi7l nz*33 bs 8']otsg.T=aide flares wail Lave a`a ;:...r..,stems yf 1;gg� L I=xU b> idiom r nas 7esva.-da en tb:gar,.frig rr�s.The ramp;are tad 3cr saonn r , i. n-tlY.:=Scd CDIIIIelesban6:,�-a�iCtlti t1TP1"ec-: - ' •••• Z;'S~it�Gs'a�5681 A2ve lOa��Cnrrd'C'Lx�Lltit;5.'.�`�'C1C�OQ7t5 CRL IIOt SI�GtifE�. ' � . -eld acvm ccpmu jauzR or rni barb a pmvi q hm msd bmmj srlevei'iag , 4. Rta6i==Y '�a$2 c l SixIcwaIL—cv=firth:dmneqc ' 'Tr3fII81:SIl til:9m mmd cmi3 a td 17LjCiiL 7os�Cii7a, r . 6. F—�ynmead as4oirlg ahma be&h--L eacmm 5G The C2>n101 .wait Ift"s#"xmd elomgisr�. pas:aieaf seta gavesacnt 1 . Ta:it h tbrn 4m=simU l=at Imusi;''wit-:tcmtl to cttn�, .. a. fasmII an we WOW*zad d�soestian Pi.s6r?wa an du drvt-thru 6=U pl;a,Tlie wa c mtr linnmas sircnld - pmtrm fly camcs of tba caanpy-.!-= w t-zwr,:,, °. 5:a1 all tlr:wall peactadm(pig-;candclter CL Instau the hsadi=p Parking slgri:6*u=lj9 on tir:,butldiitg*::i allovesi:Try 1D s1lt[mats Chats t :. i1 t}IC 122SrGIC2p IAuSI ire IIt5t3i} l oTl mm [bay sh2n L-s:t 1u$beriard wish 0 init=um e� T W do ban=orrm sig[;.. , 2. lm-mm fir.NHu al stcr:rrnnt packags which fii l ez a rc:.-ed Pail b mdls nt the•antma bar of du door,'a coot~aied LCN ct'ter,,,an"ENT=ER"decal,a"Do NOT MN i a "dr aI end a iced-r&7 with ort the r MJiW of the eft dmmjamb st 4"&F.F. _. 1t>stail:ttswa►ed;h=s in the bvikir,3d windows and stnt'eftimt, Tfte MiYAW g�allow is the da 1-sy.' d:��ffa'�stt'iarle is=[astailed;•tr�iasuhteH glas oniy3tt•Ibrbrttkhead vriadc�ProvicL'a�t-itt'�l�• ' 5. 7'a.�urei>mli framing shat]is:gzimted arff&ed sa ttn etr gspr art P 6. C.nulk armmd the'mtuiar and=teior of the drirnrr.thw witttittw, i. `rae starpltaga Shell be hvtaIi:d[fuer ltu drywzg and mmomy joIM st gu side;tits slab, d sidr4raik�aiai at ` the bottma and the.drMR and dryvlc jaim;[.fife tit, Ira srrstriry;sill cr stnrm abetter.is mstaihad at talc euttadc,- provide s potaer out==rg cy amride tLeyh- . ' a racy V "non & AND l � ENGINEERS ARCHITECTS LETTER OF TRANSMITTAL PLANNERS , CONSTRUCTORS DATE: September 19,2006 PROS.#: 050013272 ATTENTION: Al McKinnon RE: Walgreens N.Andover To: Heritage Consulting, Inc. 5 Saxford Lane Nashua, NH'03063 We are sending you ®Attached ❑ Under separate cover via overnite mail the following items: ❑ Shop Drawings ❑ Prints ❑ Plans/Originals ❑ Specifications ❑ Copy of letter ❑ Change Order ❑ Samples ❑ Diskette/CD/Tape ❑ Report ❑ Proposal/DCP ®Other: COPIES DATE No. DESCRIPTION 1 Energy Conservation Checklist . 4 Lighting and Mechanical Compliance Certiificates THESE ARE TRANSMITTED as checked below: ❑ For approval ❑Approved as submitted ❑ Resubmit copies for approval ® Other: ❑ For your use ❑Approved as noted ❑Submit copies for distribution ❑As requested ❑ Returned for corrections ❑ Return corrected prints ❑ For review and comment ❑ For bids due: ❑ Borrowed prints returned Remarks: These are to be part of permit submittal along with the PETCO drawings and specifications previously sent to you. c: SIGNED: William J. alker,AIA Senior Architect If enclosures are not as noted, kindly notify us immediately 343 Congress Street Boston,Massachusetts 02210 Voice 617.242.9222 Fax 617.242.9824 www.ekcorp.com Document4 ENERGY CONSERVATION MANDATORY CHECKLIST FOR NEW CONSTRUCTION (OTHER THAN LOW-RISE RESIDENTIAL) 780 CMR, 1301.8.1 Owner/Agent Name: Phone: Owner/Agent Address: City/State/Zip: Project Name: Site Address: City/Town Applicant's Name: Signature: Applicant's Phone: Date of Application: I.Envelope Compliance Option (check ONE) ❑ Trade-Off (1304.5)-Attach software Compliance Report(COMcheck-EZ) ❑Appendix J(1301.2-For buildings up to 10,000 sf only)-Attach Appendix J compliance documentation ❑Systems Analysis(13 09)-Attach Registered Architect's or Engineer's report ❑ Prescriptive(1304.2)-Complete this section,and attach copy of applicable Table(1304.2.1 through 13.4.2.12) Climate Zone(from Table 1303.1) ❑ Zone 12a ❑ Zone 13a ❑ Zone 14a a. Gross above-grade wall area sq.ft. b. Total window&glass door area sq.ft. c. Glazing%(100 x b—,a) % Table#utilized: II.HVAC(check ONE) Simple Systems&Equipment(1305.2) ❑Complex Systems&Equipment(1305.3) ❑ Systems Analysis(13 09)-Attach Registered Architect's or Engineer's report III.Lighting(check ONE) Building Area Method(1308.6.2.1) }Attach Compliance Documentation(COMcheck-EZ or other) ❑ Space-by-Space Method(1308.6.2.2) ❑ Systems Analysis(13 09)-Attach Registered Architect's or Engineer's report IV.Approval &Acceptance Construction Documents(1301.8.4.1) Attach a narrative report describing the HVAC,Lighting,and Electric Distribution systems,including: For Official Use ONLY: ❑ 1. Design Intent ❑ 2.Basis of Design Building Official ❑ 3. Sequence of operation/systems interaction check off ❑ 4.Description of the systems(capacities,etc.) completed sections of report ❑ 5. Testing requirements/criteria acceptance ❑ 6. Requirement for submittal of operation manuals and maintenance manuals ❑ 7.Requirement for submittal of record drawings and control documents This Side For Use by Building Department Only Official's Name: Title: I.Plans Review Date Application Received: ❑ Complete Narrative Report Received(1301.8.4.1) ❑ Design and Specification Documents prepared by legally recognized professional(1301.8.4.3) Application is: Approved ❑ Date: Signature: Denied ❑ Date: Reason(s)for Denial: (provide additional details as needed on separate sheet) II.Acceptance(1301.8.4.4) ❑ Successful system tests witnessed by Building Official,OR ❑satisfactory test report received(check one) ❑ Certification by Registered Professional(per 780 CMR 116.2)that systems are installed in accordance with construction documents ❑ Confirmation by owner(or their authorized representative)that they have received record drawings, reviewed for reasonable accuracy ❑ Confirmation by owner(or their authorized representative)that they have received reports,controls documentation,operations manual(s),maintenance manual(s),and other documents specified in 1301.8.4.1 Building Official's Signature: Permit# Permit Date COMcheck Software Version 3.2.0 Lighting Compliance Certificate g g p 2003 IECC Report Date:09/13/06 Data filename: G:\Programs\Petco\06EFC1-1\000\Energy\ComCheck\065000-1.CCK Section 1: Project Information Project Title: Petco-North Andover, MA-0650001170 Construction Site: Owner/Agent: Designer/Contractor: Route 114&Waverly Road Petco Henderson Engineers,Inc. North Andover,MA 01845 9125 Rehco Road 8325 Lenexa Drive,Suite 400 San Diego,CA 92121 Lenexa, KS 66214 913-307-5300 Section 2: General Information Building Use Description by: Project Type: New Construction Building Tvae Floor Area Retail Sales,Wholesale Showroom 15257 Section 3: Requirements Checklist Interior Lighting: ❑ 1. Total actual watts must be less than or equal to total allowed watts. Allowed Watts Actual Watts Complies 22886 16317 YES ❑ 2. Exit signs 5 Watts or less per side. Exterior Lighting: ❑ 3. Efficacy greater than 45 lumens/W. Exceptions: Specialized lighting highlighting features of historic buildings;signage;safety or security lighting;low-voltage landscape lighting. Controls, Switching, and Wiring: ❑ 4. Independent controls for each space(switch/occupancy sensor). Exceptions: Areas designated as security or emergency areas that must be continuously illuminated. Lighting in stairways or corridors that are elements of the means of egress. ❑ 5. Master switch at entry to hotel/motel guest room. ❑ 6. Individual dwelling units separately metered. ❑ 7. Each space provided with a manual control to provide uniform light reduction by at least 50%. Exceptions: Only one luminaire in space; An occupant-sensing device controls the area; The area is a corridor,storeroom,restroom,public lobby or guest room; Page 1 of 7 Areas that use less than 0.6 Watts/sq.ft. ❑ 8. Automatic lighting shutoff control in buildings larger than 5,000 sq.ft. ❑ 9. Photocell/astronomical time switch on exterior lights. Exceptions: Lighting intended for 24 hour use. ❑ 10. Tandem wired one-lamp and three-lamp ballasted luminaires(No single-lamp ballasts). Exceptions: Electronic high-frequency ballasts;Luminaires on emergency circuits or with no available pair. Section 4: Compliance Statement Compliance Statement:The proposed lighting design represented in this document is consistent with the building plans, specifications and other calculations submitted with this permit application.The proposed lighting system has been designed to meet the 2003 IECC,Chapter 8,requirements in COMcheck Version 3.2.0 and to comply with the mandatory requirements in the Requirements Checklist. t�AnAo 4a - I SII114 Principal Ligh ng Designer-Name Signature Date Page 2 of 7 L . a Permit# Permit Date I i COMcheck Software Version 3.2.0 1 Lighting Application Worksheet I 2003 IECC Report Date: 1 Data filename: G:\Programs\Petco\06EFC1-1\000\Energy\ComCheck\065000-1.CCK Section 1: Allowed Lighting Power Calculation i A B C D Floor Area Allowed Allowed Watts Wafts/ft2 Retail Sales,Wholesale Showroom 15257 1.5 22886 Total Allowed Watts= 22886 Section 2: Actual Lighting Power Calculation A B C D E I Fixture ID:Description/Lamp/Wattage Per Lamp/Ballast Lamps/ #of Fixture (C X D) Fixture Fixtures Watt. T8/T12 Fluorescent 1:A:2X4 LAY-IN PRISMATIC/48"T8 32W/Electronic 2 23 64 1472 T8/T12 Fluorescent 2:K:8'INDUSTRIAL STRIP/48"T8 32W/Electronic 4 60 128 7680 T8/T12 Fluorescent 3:K1:4'INDUSTRIAL STRIP/48"T8 32W/Electronic 2 14 64 896 ` T8/T12 Fluorescent 4:W:4'VAPORLUME WET LOCATION/48"T8 32W/ 2 2 64 128 Electronic T8/T12 Fluorescent 5:KB:4'NARROW STRIP/48"T8 32W/Electronic 1 8 32 256 HID 1:MH250:LOW BAY LUMINAIRE/Metal Halide 250W/Electronic 1 11 295 3245 T8/T12 Fluorescent 6:KEMER:8'INDUSTRIAL STRIP/48"T8 32W/Electronic 4 6 128 768 T8/T12 Fluorescent 7:KSI EMER:4'INDUSTRIAL STRIP/48"T8 32W/ 2 9 64 576 Electronic T8/T12 Fluorescent 8:F:4'INDUSTRIAL STRIP/46"T5 54W/Electronic 2 12 108 1296 Total Actual Watts= 16317 Section 3: Compliance Calculation If the Total Allowed Watts minus the Total Actual Watts is greater than or equal to zero,the building complies. Total Allowed Watts= 22886 Total Actual Watts= 16317 f Project Compliance= 6568 N n_ Page 3 of 7 — - - — r ❑ 1. Load calculations per 2001 ASHRAE Fundamentals ' ❑ 2. Plant equipment and system capacity no greater than needed to meet loads Exception:Standby equipment automatically off when primary system is operating Exception:Multiple units controlled to sequence operation as a function of load ❑ 3. Minimum one temperature control device per system ❑ 4. Minimum one humidity control device per installed humidification/dehumidification system ❑ 5. Thermostatic controls has 5 degrees F deadband - Exception:Thermostats requiring manual changeover between heating and cooling ❑ 6. Automatic Controls:Setback to 55 degrees F(heat)and 85 degrees F(cool);7-day clock,2-hour occupant override, 10-hour backup Exception:Continuously operating zones Exception:2 kW demand or less,submit calculations ❑ 7. Automatic shut-off dampers on exhaust systems and supply systems with airflow>3,000 cfm ❑ 8. Outside-air source for ventilation;system capable of reducing OSA to required minimum ❑ 9. R-5 supply and return air duct insulation in unconditioned spaces R-8 supply and return air duct insulation outside the building R-8 insulation between ducts and the building exterior when ducts are part of a building assembly Exception:Ducts located within equipment Exception:Ducts with interior and exterior temperature difference not exceeding 15 degrees F. ❑ 10. Ducts sealed-longitudinal seams on rigid ducts;transverse seams on all ducts;UL 181A or 181 B tapes and mastics Exception:Continuously welded and locking-type longitudinal joints and seams on ducts operating at static pressures less than 2 inches w.g.pressure classification ❑ 11. Mechanical fasteners and sealants used to connect ducts and air distribution equipment ❑ 12. Hot water pipe insulation:1 in.for pipes<=1.5 in.and 2 in.for pipes>1.5 in.Chilled water/refrigerant/brine pipe insulation:1 in.for pipes<=1.5 in.and 1.5 in.for pipes>1.5 in.Steam pipe insulation:1.5 in.for pipes<=1.5 in.and 3 in.for pipes>1.5 in. Exception:Piping within HVAC equipment Exception: Fluid temperatures between 55 and 105 degrees F Exception:Fluid not heated or cooled Exception: Runouts<4 ft in length ❑ 13. Operation and maintenance manual provided to building owner ❑ 14. Balancing devices provided in accordance with IMC 603.15 ❑ 15. Stair and elevator shaft vents are equipped with motorized dampers Section 5: Compliance Statement Compliance Statement:The proposed mechanical design represented in this document is consistent with the building plans, specifications and other calculations submitted with this permit application.The proposed mechanical systems have been designed to meet the 2003 IECC requirements in COMcheck Version 3.2.0 and to comply with the mandatory requirements in the Requirements Checklist. -1,6 J d (.0 'C'Ic&,- Principal arPrincipal Mechanical Designer-Name Signature Date Page 5 of 7 COMcheck Software Version 3.2.0 Mechanical Requirements Description 2003 IECC Report Date: Data filename: G:1Programs\Petco\06EFC1-1\000\Energy\ComCheck\065000-1.CCK The following list provides more detailed descriptions of the requirements in Section 4 of the Mechanical Compliance Certificate. Requirements Specific To: RTU 1-4(7.5 ton) : 1. The specified heating and/or cooling equipment is covered by ASH RAE 90.1 Code and must meet the following minimum efficiency: Rooftop Package Unit:10.3 EER 2. An integrated air economizer is required for individual cooling systems over 65 kBtu/h in the selected climate.An integrated economizer allows simultaneous operation of outdoor-air and mechanical cooling. Requirements Specific To: Gas unit heater: 1. The specified heating and/or cooling equipment is covered by the ASH RAE 90.1 Code and must meet the following minimum efficiency:Unit Heater(Gas):80%Ec Requirements Specific To: Electric ceiling heater: Requirements Specific To: RTU 5(5 ton) : 1. The specified heating and/or cooling equipment is covered by ASH RAE 90.1 Code and must meet the following minimum efficiency: Rooftop Package Unit:9.7 SEER Generic Requirements: Must be met by all systems to which the requirement is applicable: 1. Design heating and cooling loads for the building must be determined using procedures in the ASHRAE Handbook of Fundamentals or an approved equivalent calculation procedure. 2. All equipment and systems must be sized to be no greater than needed to meet calculated loads.A single piece of equipment providing both heating and cooling must satisfy this provision for one function with the capacity for the other function as small as possible,within available equipment options. Exception:The equipment and/or system capacity may be greater than calculated loads for standby purposes.Standby equipment must be automatically controlled to be off when the primary equipment and/or system is operating. Exception:Multiple units of the same equipment type whose combined capacities exceed the calculated load are allowed if they are provided with controls to sequence operation of the units as the load increases or decreases. 3. Each heating or cooling system serving a single zone must have its own temperature control device. 4. Each humidification system must have its own humidity control device. 5. Thermostats controlling both heating and cooling must be capable of maintaining a 5 degrees F deadband(a range of temperature where no heating or cooling is provided). - Exception:Deadband capability is not required if the thermostat does not have automatic changeover capability between heating and cooling. 6. The system or zone control must be a programmable thermostat or other automatic control meeting the following criteria:a) capable of setting back temperature to 55 degrees F during heating and setting up to 85 degrees F during coolingb)capable of automatically setting back or shutting down systems during unoccupied hours using 7 different day schedulesc)have an accessible 2-hour occupant overrided)have a battery back-up capable of maintaining programmed settings for at least 10 hours without power. Exception:A setback or shutoff control is not required on thermostats that control systems serving areas that operate continuously. Exception:A setback or shutoff control is not required on systems with total energy demand of 2 kW(6,826 Btu/h)or less. 7. Outdoor-air supply systems with design airflow rates>3,000 cfm of outdoor air and all exhaust systems must have dampers that are automatically closed while the equipment is not operating. Page 6 of 7 8. The system must supply outside ventilation air as required by Chapter 4 of the International Mechanical Code. If the ventilation F system is designed to supply outdoor-air quantities exceeding minimum required levels,the system must be capable of reducing outdoor-air flow to the minimum required levels. 9. Air ducts must be insulated to the following levels:a)Supply and return air ducts for conditioned air located in unconditioned spaces(spaces neither heated nor cooled)must be insulated with a minimum of R-5.Unconditioned spaces include attics, crawl spaces,unheated basements,and unheated garages.b)Supply and return air ducts and plenums must be insulated to a minimum of R-8 when located outside the building.c)When ducts are located within exterior components(e.g.,floors or roofs), minimum R-8 insulation is required only between the duct and the building exterior. Exception:Duct insulation is not required on ducts located within equipment. Exception:Duct insulation is not required when the design temperature difference between the interior and exterior of the duct or plenum does not exceed 15 degrees F. 10. All joints,longitudinal and transverse seams,and connections in ductwork must be securely sealed using weldments; mechanical fasteners with seals,gaskets,or mastics;mesh and mastic sealing systems;or tapes.Tapes and mastics must be listed and labeled in accordance with UL 181A or UL 181 B. Exception:Continuously welded and locking-type longitudinal joints and seams on ducts operating at static pressures less than 2 inches w.g.pressure classification. 11. Mechanical fasteners and seals,mastics,or gaskets must be used when connecting ducts to fans and other air distribution equipment,including multiple-zone terminal units. 12. All pipes serving space-conditioning systems must be insulated as follows:Hot water piping for heating systems:1 in.for pipes <=1 1/2-in.nominal diameter 2 in.for pipes>1 1/2-in.nominal diameter.Chilled water,refrigerant,and brine piping systems: 1 in.insulation for pipes<=1 1/2-in.nominal diameter 1 1/2 in.insulation for pipes>1 1/2-in.nominal diameter.Steam piping:9 1 1/2 in.insulation for pipes<=1 1/2-in.nominal diameter 3 in.insulation for pipes>1 1/2-in.nominal diameter. - Exception:Pipe insulation is not required for factory-installed piping within HVAC equipment. Exception:Pipe insulation is not required for piping that conveys fluids having a design operating temperature range between 55 degrees F and 105 degrees F. Exception:Pipe insulation is not required for piping that conveys fluids that have not been heated or cooled through the use of fossil fuels or electric power. Exception:Pipe insulation is not required for runout piping not exceeding 4 ft in length and 1 in.in diameter between the control valve and HVAC coil. 13. Operation and maintenance documentation must be provided to the owner that includes at least the following information:a) equipment capacity(input and output)and required maintenance actionsb)equipment operation and maintenance manualsc) HVAC system control maintenance and calibration information,including wiring diagrams,schematics,and control sequence descriptions;desired or field-determined set points must be permanently recorded on control drawings,at control devices,or, for digital control systems,in programming commentsd)complete narrative of how each system is intended to operate. 14. Each supply air outlet or diffuser and each zone terminal device(such as VAV or mixing box)must have its own balancing device.Acceptable balancing devices include adjustable dampers located within the ductwork,terminal devices,and supply air diffusers. 15. Stair and elevator shaft vents must be equipped with motorized dampers capable of being automatically closed during normal building operation and interlocked to open as required by fire and smoke detection systems.All gravity outdoor air supply and exhaust hoods,vents,and ventilators must be equipped with motorized dampers that will automatically shut when the spaces served are not in use. Exceptions:-Gravity(non-motorized)dampers are acceptable in buildings less than three stories in height above grade.-Ventilation systems serving unconditioned spaces. 1 I Page 7 of 7 Areas that use less than 0.6 Watts/sq.ft. ❑ 8. Automatic lighting shutoff control in buildings larger than 5,000 sq.ft. ❑ 9. Photocell/astronomical time switch on exterior lights. Exceptions: Lighting intended for 24 hour use. ❑ 10. Tandem wired one-lamp and three-lamp ballasted luminaires(No single-lamp ballasts). Exceptions: Electronic high-frequency ballasts; Luminaires on emergency circuits or with no available pair. Section 4: Compliance Statement Compliance Statement:The proposed lighting design represented in this document is consistent with the building plans, specifications and other calculations submitted with this permit application.The proposed lighting system has been designed to meet the 2003 IECC,Chapter 8,requirements in COMcheck Version 3.2.0 and to comply with the mandatory requirements in the Requirements Checklist. Q� — M a rd ku 40, Principal Li ting Designer-Name Signature Date Page 2 of 7tl Permit# Permit Date 6 COMcheck Software Version 3.2.0 �( Lighting Application Worksheet 2003 IECC Report Date: Data filename: G:\Programs\Petco\06EFC1-1\000\Energy\ComCheck\065000-1.CCK Section 1: Allowed Lighting Power Calculation A B C D Floor Area Allowed Allowed Watts Watts/ft2 Retail Sales,Wholesale Showroom 15257 1.5 22886 Total Allowed Watts= 22886 Section 2: Actual Lighting Power Calculation A B C D E Fixture ID:Description/Lamp/Wattage Per Lamp/Ballast Lamps/ #of Fixture (C X D) Fixture Fixtures Watt. T8/T12 Fluorescent 1:A:2X4 LAY-IN PRISMATIC/48"T8 32W/Electronic 2 23 64 1472 T8/T12 Fluorescent 2: K:8'INDUSTRIAL STRIP/48"T8 32W/Electronic 4 60 128 7680 T8/T12 Fluorescent 3: K1:4'INDUSTRIAL STRIP/48"T8 32W/Electronic 2 14 64 896 T8/T12 Fluorescent 4:W:4'VAPORLUME WET LOCATION/48"T8 32W/ 2 2 64 128 Electronic T8/T12 Fluorescent 5:KB:4'NARROW STRIP/48"T8 32W/Electronic 1 8 32 256 HID 1:MH250:LOW BAY LUMINAIRE/Metal Halide 250W/Electronic 1 11 295 3245 T8 I T12 Fluorescent 6:KEMER:8'INDUSTRIAL STRIP/48"T8 32W/Electronic 4 6 128 768 T8/T12 Fluorescent 7:KSI EMER:4'INDUSTRIAL STRIP/48"T8 32W/ 2 9 64 576 Electronic T8/T12 Fluorescent 8:F:4'INDUSTRIAL STRIP/46"T5 54W/Electronic 2 12 108 1296 Total Actual Watts= 16317 Section 3: Compliance Calculation If the Total Allowed Watts minus the Total Actual Watts is greater than or equal to zero,the building complies. Total Allowed Watts= 22886 Total Actual Watts= 16317 Project Compliance= 6568 Page 3 of 7 i Permit# Permit Date COMcheck Software Version 3.2.0 Mechanical Compliance Certificate 2003 IECC Report Date:09/13/06 Data filename: G:\Programs\Petco\06EFC1-1\000\Energy\ComCheck\065000-\.CCK Section 1: Project Information Project Title: Petco-North Andover, MA-0650001170 Construction Site: Owner/Agent: Designer/Contractor: Route 114&Waverly Road Petco Henderson Engineers, Inc. North Andover,MA 01845 9125 Rehco Road 8325 Lenexa Drive,Suite 400 San Diego,CA 92121 Lenexa, KS 66214 913-307-5300 Section 2: General Information Building Location(for weather data): North Andover,Massachusetts Climate Zone: 13a Heating Degree Days(base 65 degrees F): 6322 Cooling Degree Days(base 65 degrees F): 555 Project Type: New Construction Section 3: Mechanical Systems List Quantity System Type&Description 4 RTU 1-4(7.5 ton): Heating:Other,Gas/Cooling: Rooftop Package Unit,Capacity>=90-<135 kBtu/h, Air-Cooled Condenser/Single Zone 1 Gas unit heater:Heating:Unit Heater,Gas 3 Electric ceiling heater:Heating: Unit Heater, Electric 1 RTU 5(5 ton):Heating:Other,Gas/Cooling:Rooftop Package Unit,Capacity<65 kl3tu/h,Air-Cooled Condenser /Single Zone Section 4: Requirements Checklist Requirements Specific To: RTU 1-4(7.5 ton) : ❑ 1. Equipment minimum efficiency: Rooftop Package Unit:10.3 EER ❑ 2. Integrated air economizer required Requirements Specific To: Gas unit heater: ❑ 1. Equipment minimum efficiency: Unit Heater(Gas):80%Ec Requirements Specific To: Electric ceiling heater: Requirements Specific To: RTU 5(5 ton) : ❑ 1. Equipment minimum efficiency:Rooftop Package Unit:9.7 SEER Generic Requirements: Must be met by all systems to which the requirement is applicable: Page 4 of 7 ❑ 1. Load calculations per 2001 ASHRAE Fundamentals ❑ 2. Plant equipment and system capacity no greater than needed to meet loads Exception:Standby equipment automatically off when primary system is operating Exception:Multiple units controlled to sequence operation as a function of load ❑ 3. Minimum one temperature control device per system ❑ 4. Minimum one humidity control device per installed humidification/dehumidification system ❑ 5. Thermostatic controls has 5 degrees F deadband Exception:Thermostats requiring manual changeover between heating and cooling ❑ 6. Automatic Controls:Setback to 55 degrees F(heat)and 85 degrees F(cool);7-day clock,2-hour occupant override, 10-hour backup Exception:Continuously operating zones Exception:2 kW demand or less,submit calculations ❑ 7. Automatic shut-off dampers on exhaust systems and supply systems with airflow>3,000 cfm ❑ 8. Outside-air source for ventilation;system capable of reducing OSA to required minimum ❑ 9. R-5 supply and return air duct insulation in unconditioned spaces R-8 supply and return air duct insulation outside the building R-8 insulation between ducts and the building exterior when ducts are part of a building assembly Exception:Ducts located within equipment Exception:Ducts with interior and exterior temperature difference not exceeding 15 degrees F. ❑ 10. Ducts sealed-longitudinal seams on rigid ducts;transverse seams on all ducts; UIL 181A or 181 B tapes and mastics - Exception:Continuously welded and locking-type longitudinal joints and seams on ducts operating at static pressures less than 2 inches w.g,pressure classification ❑ 11. Mechanical fasteners and sealants used to connect ducts and air distribution equipment ❑ 12. Hot water pipe insulation:1 in.for pipes<=1.5 in.and 2 in.for pipes>1.5 in.Chilled water/refrigerant/brine pipe insulation: 1 in.for pipes<=1.5 in.and 1.5 in.for pipes>1.5 in.Steam pipe insulation: 1.5 in.for pipes<=1.5 in.and 3 in.for pipes>1.5 in. Exception:Piping within HVAC equipment Exception:Fluid temperatures between 55 and 105 degrees F Exception:Fluid not heated or cooled Exception: Runouts<4 ft in length ❑ 13. Operation and maintenance manual provided to building owner ❑ 14. Balancing devices provided in accordance with IMC 603.15 ❑ 15. Stair and elevator shaft vents are equipped with motorized dampers Section 5: Compliance Statement Compliance Statement:The proposed mechanical design represented in this document is consistent with the building plans, specifications and other calculations submitted with this permit application.The proposed mechanical systems have been designed to meet the 2003 IECC requirements in COMcheck Version 3.2.0 and to comply with the mandatory requirements in the Requirements Checklist. Principal Mechanical Designer-Name Signature Date Page 5 of 7 i COM check Software Version 3.2.0 Mechanical Requirements Description 2003 IECC Report Date: Data filename: G:\Programs\Petco\06EFC1-1\000\Energy\ComCheck\065000-1.CCK The following list provides more detailed descriptions of the requirements in Section 4 of the Mechanical Compliance Certificate. Requirements Specific To: RTU 1-4(7.5 ton) : 1. The specified heating and/or cooling equipment is covered by ASH RAE 90.1 Code and must meet the following minimum efficiency: Rooftop Package Unit:10.3 EER 2. An integrated air economizer is required for individual cooling systems over 65 kBtu/h in the selected climate.An integrated economizer allows simultaneous operation of outdoor-air and mechanical cooling. Requirements Specific To: Gas unit heater: 1. The specified heating and/or cooling equipment is covered by the ASHRAE 90.1 Code and must meet the following minimum efficiency:Unit Heater(Gas):80%Ec Requirements Specific To: Electric ceiling heater: Requirements Specific To: RTU 5(5 ton) : 1. The specified heating and/or cooling equipment is covered by ASH RAE 90.1 Code and must meet the following minimum efficiency: Rooftop Package Unit:9.7 SEER Generic Requirements: Must be met by all systems to which the requirement is applicable: 1. Design heating and cooling loads for the building must be determined using procedures in the ASH RAE Handbook of Fundamentals or an approved equivalent calculation procedure. 2. All equipment and systems must be sized to be no greater than needed to meet calculated loads.A single piece of equipment providing both heating and cooling must satisfy this provision for one function with the capacity for the other function as small as possible,within available equipment options. Exception:The equipment and/or system capacity may be greater than calculated loads for standby purposes.Standby equipment must be automatically controlled to be off when the primary equipment and/or system is operating. Exception:Multiple units of the same equipment type whose combined capacities exceed the calculated load are allowed if they are provided with controls to sequence operation of the units as the load increases or decreases. 3. Each heating or cooling system serving a single zone must have its own temperature control device. 4. Each humidification system must have its own humidity control device. 5. Thermostats controlling both heating and cooling must be capable of maintaining a 5 degrees F deadband(a range of temperature where no heating or cooling is provided). - Exception:Deadband capability is not required if the thermostat does not have automatic changeover capability between heating and cooling. 6. The system or zone control must be a programmable thermostat or other automatic control meeting the following criteria:a) capable of setting back temperature to 55 degrees F during heating and setting up to 85 degrees F during coolingb)capable of automatically setting back or shutting down systems during unoccupied hours using 7 different day schedulesc)have an accessible 2-hour occupant overrided)have a battery back-up capable of maintaining programmed settings for at least 10 hours without power. Exception:A setback or shutoff control is not required on thermostats that control systems serving areas that operate continuously. Exception:A setback or shutoff control is not required on systems with total energy demand of 2 kW(6,826 Btu/h)or less. 7. Outdoor-air supply systems with design airflow rates>3,000 cfm of outdoor air and all exhaust systems must have dampers that are automatically closed while the equipment is not operating. Page 6 of 7p 8. The system must supply outside ventilation air as required by Chapter 4 of the International Mechanical Code. If the ventilation ' system is designed to supply outdoor-air quantities exceeding minimum required levels,the system must be capable of reducing outdoor-air flow to the minimum required levels. 9. Air ducts must be insulated to the following levels:a)Supply and return air ducts for conditioned air located in unconditioned spaces(spaces neither heated nor cooled)must be insulated with a minimum of R-5. Unconditioned spaces include attics, crawl spaces, unheated basements,and unheated garages.b)Supply and return air ducts and plenums must be insulated to a minimum of R-8 when located outside the building.c)When ducts are located within exterior components(e.g.,floors or roofs), minimum R-8 insulation is required only between the duct and the building exterior. Exception:Duct insulation is not required on ducts located within equipment. Exception:Duct insulation is not required when the design temperature difference between the interior and exterior of the duct or plenum does not exceed 15 degrees F. 10. Alljoints,longitudinal and transverse seams,and connections in ductwork must be securely sealed using weldments; mechanical fasteners with seals,gaskets,or mastics;mesh and mastic sealing systems;or tapes.Tapes and mastics must be listed and labeled in accordance with UL 181A or UL 181 B. - Exception:Continuously welded and locking-type longitudinal joints and seams on ducts operating at static pressures less than 2 inches w.g.pressure classification. 11. Mechanical fasteners and seals,mastics,or gaskets must be used when connecting ducts to fans and other air distribution equipment,including multiple-zone terminal units. 12. All pipes serving space-conditioning systems must be insulated as follows:Hot water piping for heating systems:1 in.for pipes <=1 1/2-in.nominal diameter 2 in.for pipes>1 1/2-in.nominal diameter.Chilled water,refrigerant,and brine piping systems:1 in.insulation for pipes<=1 1/2-in.nominal diameter 1 1/2 in.insulation for pipes>1 1/2-in.nominal diameter.Steam piping:1 1/2 in.insulation for pipes<=1 1/2-in.nominal diameter 3 in.insulation for pipes>1 1/2-in.nominal diameter. - Exception:Pipe insulation is not required for factory-installed piping within HVAC equipment. Exception:Pipe insulation is not required for piping that conveys fluids having a design operating temperature range between 55 degrees F and 105 degrees F. Exception:Pipe insulation is not required for piping that conveys fluids that have not been heated or cooled through the use of fossil fuels or electric power. Exception:Pipe insulation is not required for runout piping not exceeding 4 ft in length and 1 in.in diameter between the control valve and HVAC coil. 13. Operation and maintenance documentation must be provided to the owner that includes at least the following information:a) equipment capacity(input and output)and required maintenance actionsb)equipment operation and maintenance manualsc) HVAC system control maintenance and calibration information,including wiring diagrams,schematics,and control sequence descriptions;desired or field-determined set points must be permanently recorded on control drawings,at control devices,or, for digital control systems,in programming commentsd)complete narrative of how each system is intended to operate. 14. Each supply air outlet or diffuser and each zone terminal device(such as VAV or mixing box)must have its own balancing device.Acceptable balancing devices include adjustable dampers located within the ductwork,terminal devices,and supply air diffusers. 15. Stair and elevator shaft vents must be equipped with motorized dampers capable of being automatically closed during normal building operation and interlocked to open as required by fire and smoke detection systems.All gravity outdoor air supply and exhaust hoods,vents,and ventilators must be equipped with motorized dampers that will automatically shut when the spaces served are not in use. Exceptions:-Gravity(non-motorized)dampers are acceptable in buildings less than three stories in height above grade.-Ventilation systems serving unconditioned spaces. Page 7 of 7 • f Permit# Permit Date COMcheck Software Version 3.2.0 Lighting Compliance Certificate g g p Cate 2003 IECC Report Date:09/13/06 Data filename: G:\Programs\Petco\06EFC1-1\000\Energy\ComCheck\065000-1.CCK Section 1: Project Information Project Title: Petco-North Andover, MA-0650001170 Construction Site: Owner/Agent: Designer/Contractor: Route 114&Waverly Road Petco Henderson Engineers,Inc. North Andover,MA 01845 9125 Rehco Road 8325 Lenexa Drive,Suite 400 San Diego,CA 92121 Lenexa, KS 66214 913-307-5300 Section 2: General Information Building Use Description by: Project Type: New Construction Building Tvae Floor Area Retail Sales,Wholesale Showroom 15257 Section 3: Requirements Checklist Interior Lighting: ❑ 1. Total actual watts must be less than orequal to total allowed watts. Allowed Watts Actual Watts Complies 22886 16317 YES ❑ 2. Exit signs 5 Watts or less per side. Exterior Lighting: ❑ 3. Efficacy greater than 45 lumens/W. Exceptions: Specialized lighting highlighting features of historic buildings;signage;safety or security lighting;low-voltage landscape lighting. Controls, Switching, and Wiring: ❑ 4. Independent controls for each space(switch/occupancy sensor). Exceptions: Areas designated as security or emergency areas that must be continuously illuminated. Lighting in stairways or corridors that are elements of the means of egress. ❑ 5. Master switch at entry to hotel/motel guest room. ❑ 6. Individual dwelling units separately metered. ❑ 7. Each space provided with a manual control torovide uniform light reduction p g o b at least 50%. Exceptions: y Only one luminaire in space; An occupant-sensing device controls the area; The area is a corridor,storeroom,restroom,public lobby or guest room; Page 1 of 7 Areas that use less than 0.6 Watts/sq.ft. ❑ 8. Automatic lighting shutoff control in buildings larger than 5,000 sq.ft. ❑ 9. Photocell/astronomical time switch on exterior lights. Exceptions: Lighting intended for 24 hour use. ❑ 10. Tandem wired one-lamp and three-lamp ballasted luminaires(No single-lamp ballasts). Exceptions: Electronic high-frequency ballasts;Luminaires on emergency circuits or with no available pair. Section 4: Compliance Statement Compliance Statement:The proposed lighting design represented in this document is consistent with the building plans, specifications and other calculations submitted with this permit application.The proposed lighting system has been designed to meet the 2003 IECC,Chapter 8,requirements in COMcheck Version 3.2.0 and to comply with the mandatory requirements in the Requirements Checklist. t- an�(4Jahr Principal Light ng Designer-Name Signature Date Page 2 of 7 Permit# Permit Date COMcheck Software Version 3.2.0 Lighting Application Worksheet 2003 IECC Report Date: Data filename: G:\Programs\Petco\06EFC7-1\000\Energy\ComCheck\065000-1.CCK Section 1: Allowed Lighting Power Calculation A B C D Floor Area Allowed Allowed Watts Watts/ft2 Retail Sales,Wholesale Showroom 15257 1.5 22886 Total Allowed Watts= 22886 Section 2: Actual Lighting Power Calculation A B C D E Fixture ID:Description/Lamp/Wattage Per Lamp/Ballast Lamps/ #of Fixture (C X D) Fixture Fixtures Watt. T8/T12 Fluorescent 1:A:2X4 LAY-IN PRISMATIC/48"T8 32W/Electronic 2 23 64 1472 T8/T12 Fluorescent 2:K:8'INDUSTRIAL STRIP/48"T8 32W/Electronic 4 60 128 7680 T8/T12 Fluorescent 3:K1:4'INDUSTRIAL STRIP/48"T8 32W/Electronic 2 14 64 896 T8/T12 Fluorescent 4:W:4'VAPORLUME WET LOCATION/48"T8 32W/ 2 2 64 128 Electronic T8/T12 Fluorescent 5:KB:4'NARROW STRIP/48"T8 32W/Electronic 1 8 32 256 HID 1:MH250:LOW BAY LUMINAIRE/Metal Halide 25OW/Electronic 1 11 295 3245 T8/T12 Fluorescent 6:KEMER:8'INDUSTRIAL STRIP 148"T8 32W/Electronic 4 6 128 768 T8/T12 Fluorescent 7:KSI EMER:4'INDUSTRIAL STRIP/48"T8 32W/ 2 9 64 576 Electronic T8/T12 Fluorescent 8:F:4'INDUSTRIAL STRIP/46"T5 54W/Electronic 2 12 108 1296 Total Actual Watts= 16317 Section 3: Compliance Calculation If the Total Allowed Watts minus the Total Actual Watts is greater than or equal to zero,the building complies. Total Allowed Watts= 22886 Total Actual Watts= 16317 Project Compliance= 6568 ��m Page 3 of 7 o Permit# Permit Date COMcheck Software Version 3.2.0 Mechanical Compliance Certificate 2003 IECC Report Date:09/13/06 Data filename: G:\Programs\Petco\06EFC1-1\000\Energy\ComCheck\065000-1.CCK Section 1: Project Information Project Title: Petco-North Andover, MA-0650001170 Construction Site: Owner/Agent: Designer/Contractor: Route 114&Waverly Road Petco Henderson Engineers, Inc. North Andover,MA 01845 9125 Rehco Road 8325 Lenexa Drive, Suite 400 San Diego,CA 92121 Lenexa, KS 66214 913-307-5300 Section 2: General Information Building Location(for weather data): North Andover,Massachusetts Climate Zone: 13a Heating Degree Days(base 65 degrees F): 6322 Cooling Degree Days(base 65 degrees F): 555 Project Type: New Construction Section 3: Mechanical Systems List Quanti1y System Type&Description 4 RTU 1-4(7.5 ton):Heating:Other,Gas/Cooling: Rooftop Package Unit,Capacity>=90-<135 kBtu/h, Air-Cooled Condenser/Single Zone 1 Gas unit heater:Heating:Unit Heater,Gas 3 Electric ceiling heater:Heating:Unit Heater, Electric 1 RTU 5(5 ton): Heating:Other,Gas/Cooling:Rooftop Package Unit,Capacity<65 kBtu/h,Air-Cooled Condenser /Single Zone Section 4: Requirements Checklist Requirements Specific To: RTU 1-4(7.5 ton) : ❑ 1. Equipment minimum efficiency:Rooftop Package Unit:10.3 EER ❑ 2. Integrated air economizer required Requirements Specific To: Gas unit heater: ❑ 1. Equipment minimum efficiency:Unit Heater(Gas):80%Ec Requirements Specific To: Electric ceiling heater: Requirements Specific To: RTU 5(5 ton) : ❑ 1. Equipment minimum efficiency: Rooftop Package Unit:9.7 SEER Generic Requirements: Must be met by all systems to which the requirement is applicable: Page 4 of 7 ❑ 1. Load calculations per 2001 ASHRAE Fundamentals ❑ 2. Plant equipment and system capacity no greater than needed to meet loads Exception:Standby equipment automatically off when primary system is operating Exception:Multiple units controlled to sequence operation as a function of load ❑ 3. Minimum one temperature control device per system ❑ 4. Minimum one humidity control device per installed humidification/dehumidification system ❑ 5. Thermostatic controls has 5 degrees F deadband - Exception:Thermostats requiring manual changeover between heating and cooling ❑ 6. Automatic Controls:Setback to 55 degrees F(heat)and 85 degrees F(cool);7-day clock,2-hour occupant override, 10-hour backup Exception:Continuously operating zones Exception:2 kW demand or less,submit calculations ❑ 7. Automatic shut-off dampers on exhaust systems and supply systems with airflow>3,000 cfm ❑ 8. Outside-air source for ventilation;system capable of reducing OSA to required minimum ❑ 9. R-5 supply and return air duct insulation in unconditioned spaces R-8 supply and return air duct insulation outside the building R-8 insulation between ducts and the building exterior when ducts are part of a building assembly Exception: Ducts located within equipment Exception:Ducts with interior and exterior temperature difference not exceeding 15 degrees F. ❑ 10. Ducts sealed-longitudinal seams on rigid ducts;transverse seams on all ducts;UL 181A or 181 B tapes and mastics - Exception:Continuously welded and locking-type longitudinal joints and seams on ducts operating at static pressures less than 2 inches w.g,pressure classification ❑ 11. Mechanical fasteners and sealants used to connect ducts and air distribution equipment ❑ 12. Hot water pipe insulation: 1 in.for pipes<=1.5 in.and 2 in.for pipes>1.5 in.Chilled water/refrigerant/brine pipe insulation:1 in.for pipes<=1.5 in.and 1.5 in.for pipes>1.5 in.Steam pipe insulation: 1.5 in.for pipes<=1.5 in.and 3 in.for pipes>1.5 in. Exception:Piping within HVAC equipment Exception:Fluid temperatures between 55 and 105 degrees F Exception:Fluid not heated or cooled Exception: Runouts<4 ft in length ❑ 13. Operation and maintenance manual provided to building owner ❑ 14. Balancing devices provided in accordance with IMC 603.15 ❑ 15. Stair and elevator shaft vents are equipped with motorized dampers Section 5: Compliance Statement Compliance Statement:The proposed mechanical design represented in this document is consistent with the building plans, specifications and other calculations submitted with this permit application.The proposed mechanical systems have been designed to meet the 2003 IECC requirements in COMcheck Version 3.2.0 and to comply with the mandatory requirements in the Requirements Checklist. �•d d L'6 ,'c Principal Mechanical Designer-Name Signature Date Page 5 of 7 COMcheck Software Version 3.2.0 Mechanical Requirements Description 2003 IECC Report Date: Data filename: G:\Programs\Petco\06EFC1-1\000\Energy\ComCheck\065000-1.CCK The following list provides more detailed descriptions of the requirements in Section 4 of the Mechanical Compliance Certificate. Requirements Specific To: RTU 1-4(7.5 ton) : 1. The specified heating and/or cooling equipment is covered by ASHRAE 90.1 Code and must meet the following minimum efficiency:Rooftop Package Unit:10.3 EER 2. An integrated air economizer is required for individual cooling systems over 65 kBtu/h in the selected climate.An integrated economizer allows simultaneous operation of outdoor-air and mechanical cooling. Requirements Specific To: Gas unit heater: 1. The specified heating and/or cooling equipment is covered by the ASHRAE 90.1 Code and must meet the following minimum efficiency:Unit Heater(Gas):80%Ec Requirements Specific To: Electric ceiling heater: Requirements Specific To: RTU 5(5 ton) : 1. The specified heating and/or cooling equipment is covered by ASHRAE 90.1 Code and must meet the following minimum efficiency: Rooftop Package Unit:9.7 SEER Generic Requirements: Must be met by all systems to which the requirement is applicable: 1. Design heating and cooling loads for the building must be determined using procedures in the ASHRAE Handbook of Fundamentals or an approved equivalent calculation procedure. 2. All equipment and systems must be sized to be no greater than needed to meet calculated loads.A single piece of equipment providing both heating and cooling must satisfy this provision for one function with the capacity for the other function as small as possible,within available equipment options. Exception:The equipment and/or system capacity may be greater than calculated loads for standby purposes.Standby equipment must be automatically controlled to be off when the primary equipment and/or system is operating. Exception:Multiple units of the same equipment type whose combined capacities exceed the calculated load are allowed if they are provided with controls to sequence operation of the units as the load increases or decreases. 3. Each heating or cooling system serving a single zone must have its own temperature control device. 4. Each humidification system must have its own humidity control device. 5. Thermostats controlling both heating and cooling must be capable of maintaining a 5 degrees F deadband(a range of temperature where no heating or cooling is provided). - Exception: Deadband capability is not required if the thermostat does not have automatic changeover capability between heating and cooling. 6. The system or zone control must be a programmable thermostat or other automatic control meeting the following criteria:a) capable of setting back temperature to 55 degrees F during heating and setting up to 85 degrees F during coolingb)capable of automatically setting back or shutting down systems during unoccupied hours using 7 different day schedulesc)have an accessible 2-hour occupant overrided)have a battery back-up capable of maintaining programmed settings for at least 10 hours without power. Exception:A setback or shutoff control is not required on thermostats that control systems serving areas that operate continuously. Exception:A setback or shutoff control is not required on systems with total energy demand of 2 kW(6,826 Btu/h)or less. 7. Outdoor-air supply systems with design airflow rates>3,000 cfm of outdoor air and all exhaust systems must have dampers that are automatically closed while the equipment is not operating. Page 6 of 7 8. The system must supply outside ventilation air as required by Chapter 4 of the International Mechanical Code. If the ventilation ' • system is designed to supply outdoor-air quantities exceeding minimum required levels,the system must be capable of reducing outdoor-air flow to the minimum required levels. 9. Air ducts must be insulated to the following levels:a)Supply and return air ducts for conditioned air located in unconditioned spaces(spaces neither heated nor cooled)must be insulated with a minimum of R-5.Unconditioned spaces include attics, crawl spaces,unheated basements,and unheated garages.b)Supply and return air ducts and plenums must be insulated to a minimum of R-8 when located outside the building.c)When ducts are located within exterior components(e.g.,floors or roofs), minimum R-8 insulation is required only between the duct and the building exterior. Exception: Duct insulation is not required on ducts located within equipment. Exception: Duct insulation is not required when the design temperature difference between the interior and exterior of the duct or plenum does not exceed 15 degrees F. 10. Alljoints,longitudinal and transverse seams,and connections in ductwork must be securely sealed using weldments; mechanical fasteners with seals,gaskets,or mastics;mesh and mastic sealing systems;or tapes.Tapes and mastics must be listed and labeled in accordance with UL 181A or UL 1816. - Exception:Continuously welded and locking-type longitudinal joints and seams on ducts operating at static pressures less than 2 inches w.g.pressure classification. 11. Mechanical fasteners and seals,mastics,or gaskets must be used when connecting ducts to fans and other air distribution equipment,including multiple-zone terminal units. 12. All pipes serving space-conditioning systems must be insulated as follows:Hot water piping for heating systems:1 in.for pipes <=1 1/2-in.nominal diameter 2 in.for pipes>1 1/2-in.nominal diameter.Chilled water,refrigerant,and brine piping systems: 1 in.insulation for pipes<=1 1/2-in.nominal diameter 1 1/2 in.insulation for pipes>1 1/2-in.nominal diameter.Steam piping:1 1/2 in.insulation for pipes<=1 1/2-in.nominal diameter 3 in.insulation for pipes>1 1/2-in.nominal diameter. - Exception:Pipe insulation is not required for factory-installed piping within HVAC equipment. Exception:Pipe insulation is not required for piping that conveys fluids having a design operating temperature range between 55 degrees F and 105 degrees F. Exception: Pipe insulation is not required for piping that conveys fluids that have not been heated or cooled through the use of fossil fuels or electric power. Exception:Pipe insulation is not required for runout piping not exceeding 4 ft in length and 1 in.in diameter between the control valve and HVAC coil. 13. Operation and maintenance documentation must be provided to the owner that includes at least the following information:a) equipment capacity(input and output)and required maintenance actionsb)equipment operation and maintenance manualsc) HVAC system control maintenance and calibration information,including wiring diagrams,schematics,and control sequence descriptions;desired or field-determined set points must be permanently recorded on control drawings,at control devices,or, for digital control systems,in programming commented)complete narrative of how each system is intended to operate. 14. Each supply air outlet or diffuser and each zone terminal device(such as VAV or mixing box)must have its own balancing device.Acceptable balancing devices include adjustable dampers located within the ductwork,terminal devices,and supply air diffusers. 15. Stair and elevator shaft vents must be equipped with motorized dampers capable of being automatically closed during normal building operation and interlocked to open as required by fire and smoke detection systems.All gravity outdoor air supply and exhaust hoods,vents,and ventilators must be equipped with motorized dampers that will automatically shut when the spaces served are not in use.Exceptions:-Gravity(non-motorized)dampers are acceptable in buildings less than three stories in height above grade.-Ventilation systems serving unconditioned spaces. Page 7 of 7 Permit# Permit Date COMcheck Software Version 3.2.0 Lighting Compliance Certificate 2003 IECC Report Date:09/13/06 Data filename: G:\Programs\Petco\06EFC1-1\000\Energy\ComCheck\065000-1.CCK Section 1: Project Information Project Title: Petco-North Andover, MA-0650001170 Construction Site: Owner/Agent: Designer/Contractor: Route 114&Waverly Road Petco Henderson Engineers,Inc. North Andover,MA 01845 9125 Rehco Road 8325 Lenexa Drive,Suite 400 San Diego,CA 92121 Lenexa, KS 66214 913-307-5300 Section 2: General Information Building Use Description by: Project Type: New Construction Building Type Floor Area Retail Sales,Wholesale Showroom 15257 Section 3: Requirements Checklist Interior Lighting: ❑ 1. Total actual watts must be less than or equal to total allowed watts. Allowed Watts Actual Watts Complies 22886 16317 YES ❑ 2. Exit signs 5 Watts or less per side. Exterior Lighting: ❑ 3. Efficacy greater than 45 lumens/W. Exceptions: Specialized lighting highlighting features of historic buildings;signage;safety or security lighting;low-voltage landscape lighting. Controls, Switching, and Wiring: ❑ 4. Independent controls for each space(switch/occupancy sensor). Exceptions: Areas designated as security or emergency areas that must be continuously illuminated. Lighting in stairways or corridors that are elements of the means of egress. ❑ 5. Master switch at entry to hotel/motel guest room. ❑ 6. Individual dwelling units separately metered. ❑ 7. Each space provided with a manual control to provide uniform light reduction by at least 50%. Exceptions: Only one luminaire in space; An occupant-sensing device controls the area; The area is a corridor,storeroom,restroom,public lobby or guest room; Page 1 of 7 Areas that use less than 0.6 Watts/sq.ft. ❑ 8. Automatic lighting shutoff control in buildings larger than 5,000 sq.ft. ❑ 9. Photocell/astronomical time switch on exterior lights. Exceptions: Lighting intended for 24 hour use. ❑ 10. Tandem wired one-lamp and three-lamp ballasted luminaires(No single-lamp ballasts). Exceptions: Electronic high-frequency ballasts; Luminaires on emergency circuits or with no available pair. Section 4: Compliance Statement Compliance Statement:The proposed lighting design represented in this document is consistent with the building plans, specifications and other calculations submitted with this permit application.The proposed lighting system has been designed to meet the 2003 IECC,Chapter 8,requirements in COMcheck Version 3.2.0 and to comply with the mandatory requirements in the Requirements Checklist. Principal Lighting Designer-Name Signature Dat Page 2 of 7 Permit# Permit Date COMcheck Software Version 3.2.0 Lighting Application Worksheet 2003 IECC Report Date: Data filename: G:\Programs\Petco\06EFC1-1\000\Energy\ComCheck\065000-1.CCK Section 1: Allowed Lighting Power Calculation A B C D Floor Area Allowed Allowed Watts Watts/ft2 Retail Sales,Wholesale Showroom 15257 1.5 22886 Total Allowed Watts= 22886 Section 2: Actual Lighting Power Calculation A B C D E Fixture ID:Description/Lamp/Wattage Per Lamp/Ballast Lamps/ #of Fixture (C X D) Fixture Fixtures Waft. T8/T12 Fluorescent 1:A:2X4 LAY-IN PRISMATIC/48"T8 32W/Electronic 2 23 64 1472 T8/T12 Fluorescent 2:K:8'INDUSTRIAL STRIP/48"T8 32W/Electronic 4 60 128 7680 T8/T12 Fluorescent 3:K1:4'INDUSTRIAL STRIP/48"T8 32W/Electronic 2 14 64 896 T8/T12 Fluorescent 4:W:4'VAPORLUME WET LOCATION/48"T8 32W/ 2 2 64 128 Electronic T8/T12 Fluorescent 5:KB:4'NARROW STRIP/48"T8 32W/Electronic 1 8 32 256 HID 1:MH250:LOW BAY LUMINAIRE/Metal Halide 250W/Electronic 1 11 295 3245 T8/T12 Fluorescent 6:KEMER:8'INDUSTRIAL STRIP/48"T8 32W/Electronic 4 6 128 768 T81 T12 Fluorescent 7:KSI EMER:4'INDUSTRIAL STRIP/48"T8 32W/ 2 9 64 576 Electronic T8/T12 Fluorescent 8:F:4'INDUSTRIAL STRIP/46"T5 54W/Electronic 2 12 108 1296 Total Actual Watts= 16317 Section 3: Compliance Calculation If the Total Allowed Watts minus the Total Actual Watts is greater than or equal to zero,the building complies. Total Allowed Watts= 22886 Total Actual Watts= 16317 Project Compliance= 6568 ''k. a Y°i ® •e^ + �, � k_ m� Page 3 of 7 Permit# Permit Date COMcheck Software Version 3.2.0 Mechanical Compliance Certificate 2003 IECC Report Date:09/13/06 Data filename: G:\Programs\Petco\06EFC1-1\000\Energy\ComCheck\065000-1.CCK Section 1: Project Information Project Title: Petco-North Andover, MA-0650001170 Construction Site: Owner/Agent: Designer/Contractor: Route 114&Waverly Road Petco Henderson Engineers, Inc. North Andover,MA 01845 9125 Rehco Road 8325 Lenexa Drive,Suite 400 San Diego,CA 92121 Lenexa,KS 66214 913-307-5300 Section 2: General Information Building Location(for weather data): North Andover,Massachusetts Climate Zone: 13a Heating Degree Days(base 65 degrees F): 6322 Cooling Degree Days(base 65 degrees F): 555 Project Type: New Construction Section 3: Mechanical Systems s List Quantity System Type&Description 4 RTU 1-4(7.5 ton):Heating:Other,Gas/Cooling: Rooftop Package Unit,Capacity>=90-<135 kBtu/h, Air-Cooled Condenser/Single Zone 1 Gas unit heater:Heating:Unit Heater,Gas 3 Electric ceiling heater:Heating:Unit Heater, Electric 1 RTU 5(5 ton):Heating:Other,Gas/Cooling:Rooftop Package Unit,Capacity<65 kBtu/h,Air-Cooled Condenser /Single Zone Section 4: Requirements Checklist Requirements Specific To: RTU 1-4(7.5 ton) : ❑ 1. Equipment minimum efficiency:Rooftop Package Unit: 10.3 EER ❑ 2. Integrated air economizer required Requirements Specific To: Gas unit heater: ❑ 1. Equipment minimum efficiency: Unit Heater(Gas):80%Ec Requirements Specific To: Electric ceiling heater: Requirements Specific To: RTU 5 (5 ton) : ❑ 1. Equipment minimum efficiency: Rooftop Package Unit:9.7 SEER Generic Requirements: Must be met by all systems to which the requirement is applicable: Page 4 of 7 ❑ 1. Load calculations per 2001 ASHRAE Fundamentals ❑ 2. Plant equipment and system capacity no greater than needed to meet loads Exception:Standby equipment automatically off when primary system is operating Exception:Multiple units controlled to sequence operation as a function of load ❑ 3. Minimum one temperature control device per system ❑ 4. Minimum one humidity control device per installed humidification/dehumidification system ❑ 5. Thermostatic controls has 5 degrees F deadband Exception:Thermostats requiring manual changeover between heating and cooling ❑ 6. Automatic Controls:Setback to 55 degrees F(heat)and 85 degrees F(cool);7-day clock,2-hour occupant override,10-hour backup Exception:Continuously operating zones Exception:2 kW demand or less,submit calculations ❑ 7. Automatic shut-off dampers on exhaust systems and supply systems with airflow>3,000 cfm ❑ 8. Outside-air source for ventilation;system capable of reducing OSA to required minimum ❑ 9. R-5 supply and return air duct insulation in unconditioned spaces R-8 supply and return air duct insulation outside the building R-8 insulation between ducts and the building exterior when ducts are part of a building assembly Exception: Ducts located within equipment Exception: Ducts with interior and exterior temperature difference not exceeding 15 degrees F. ❑ 10. Ducts sealed-longitudinal seams on rigid ducts;transverse seams on all ducts; UL 181A or 181 B tapes and mastics Exception:Continuously welded and locking-type longitudinal joints and seams on ducts operating at static pressures less than 2 inches w.g.pressure classification ❑ 11. Mechanical fasteners and sealants used to connect ducts and air distribution equipment ❑ 12. Hot water pipe insulation: 1 in.for pipes<=1.5 in.and 2 in.for pipes>1.5 in.Chilled water/refrigerant/brine pipe insulation:1 in.for pipes<=1.5 in.and 1.5 in.for pipes>1.5 in.Steam pipe insulation:1.5 in.for pipes<=1.5 in.and 3 in.for pipes>1.5 in. Exception: Piping within HVAC equipment Exception: Fluid temperatures between 55 and 105 degrees F Exception:Fluid not heated or cooled Exception:Runouts<4 ft in length ❑ 13. Operation and maintenance manual provided to building owner ❑ 14. Balancing devices provided in accordance with IMC 603.15 ❑ 15. Stair and elevator shaft vents are equipped with motorized dampers Section 5: Compliance Statement Compliance Statement:The proposed mechanical design represented in this document is consistent with the building plans, specifications and other calculations submitted with this permit application.The proposed mechanical systems have been designed to meet the 2003 IECC requirements in COMcheck Version 3.2.0 and to comply with the mandatory requirements in the Requirements Checklist. �✓ A o� -I"p 6( W,'G I--Ce r/�Of V.G� Principal Mechanical Designer-Name Signature Date Page 5 of 7 COMcheck Software Version 3.2.0 Mechanical Requirements Description 2003 IECC Report Date: Data filename: G:\Programs\Petco\06EFC1-1\000\Energy\ComCheck\065000-1.CCK The following list provides more detailed descriptions of the requirements in Section 4 of the Mechanical Compliance Certificate. Requirements Specific To: RTU 1-4(7.5 ton) : 1. The specified heating and/or cooling equipment is covered by ASH RAE 90.1 Code and must meet the following minimum efficiency: Rooftop Package Unit:10.3 EER 2. An integrated air economizer is required for individual cooling systems over 65 kBtu/h in the selected climate.An integrated economizer allows simultaneous operation of outdoor-air and mechanical cooling. Requirements Specific To: Gas unit heater: 1. The specified heating and/or cooling equipment is covered by the ASH RAE 90.1 Code and must meet the following minimum efficiency:Unit Heater(Gas):80%Ec Requirements Specific To: Electric ceiling heater: Requirements Specific To: RTU 5(5 ton) : 1. The specified heating and/or cooling equipment is covered by ASH RAE 90.1 Code and must meet the following minimum efficiency: Rooftop Package Unit:9.7 SEER Generic Requirements: Must be met by all systems to which the requirement is applicable: 1. Design heating and cooling loads for the building must be determined using procedures in the ASHRAE Handbook of Fundamentals or an approved equivalent calculation procedure. 2. All equipment and systems must be sized to be no greater than needed to meet calculated loads.A single piece of equipment providing both heating and cooling must satisfy this provision for one function with the capacity for the other function as small as possible,within available equipment options. Exception:The equipment and/or system capacity may be greater than calculated loads for standby purposes.Standby equipment must be automatically controlled to be off when the primary equipment and/or system is operating. Exception:Multiple units of the same equipment type whose combined capacities exceed the calculated load are allowed if they are provided with controls to sequence operation of the units as the load increases or decreases. 3. Each heating or cooling system serving a single zone must have its own temperature control device. 4. Each humidification system must have its own humidity control device. 5. Thermostats controlling both heating and cooling must be capable of maintaining a 5 degrees F deadband(a range of temperature where no heating or cooling is provided). - Exception:Deadband capability is not required if the thermostat does not have automatic changeover capability between heating and cooling. 6. The system or zone control must be a programmable thermostat or other automatic control meeting the following criteria:a) capable of setting back temperature to 55 degrees F during heating and setting up to 85 degrees F during coolingb)capable of automatically setting back or shutting down systems during unoccupied hours using 7 different day schedulesc)have an accessible 2-hour occupant overrided)have a battery back-up capable of maintaining programmed settings for at least 10 hours without power. Exception:A setback or shutoff control is not required on thermostats that control systems serving areas that operate continuously. Exception:A setback or shutoff control is not required on systems with total energy demand of 2 kW(6,826 Btu/h)or less. 7. Outdoor-air supply systems with design airflow rates>3,000 cfm of outdoor air and all exhaust systems must have dampers that are automatically closed while the equipment is not operating. Page 6 of 7 8. The system must supply outside ventilation air as required by Chapter 4 of the International Mechanical Code.If the ventilation system is designed to supply outdoor-air quantities exceeding minimum required levels,the system must be capable of reducing outdoor-air flow to the minimum required levels. • 9. Air ducts must be insulated to the following levels:a)Supply and return air ducts for conditioned air located in unconditioned spaces(spaces neither heated nor cooled)must be insulated with a minimum of R-5.Unconditioned spaces include attics, crawl spaces,unheated basements,and unheated garages.b)Supply and return air ducts and plenums must be insulated to a minimum of R-8 when located outside the building.c)When ducts are located within exterior components(e.g.,floors or roofs), minimum R-8 insulation is required only between the duct and the building exterior. Exception:Duct insulation is not required on ducts located within equipment. Exception: Duct insulation is not required when the design temperature difference between the interior and exterior of the duct or plenum does not exceed 15 degrees F. 10. Alljoints,longitudinal and transverse seams,and connections in ductwork must be securely sealed using weldments; mechanical fasteners with seals,gaskets,or mastics;mesh and mastic sealing systems;or tapes.Tapes and mastics must be listed and labeled in accordance with UL 181A or UL 181 B. - Exception:Continuously welded and locking-type longitudinal joints and seams on ducts operating at static pressures less than 2 inches w.g.pressure classification. 11. Mechanical fasteners and seals,mastics,or gaskets must be used when connecting ducts to fans and other air distribution equipment,including multiple-zone terminal units. 12. All pipes serving space-conditioning systems must be insulated as follows:Hot water piping for heating systems: 1 in.for pipes <=1 1/2-in.nominal diameter 2 in.for pipes>1 1/2-in.nominal diameter.Chilled water,refrigerant,and brine piping systems: 1 in.insulation for pipes<=1 1/2-in.nominal diameter 1 1/2 in.insulation for pipes>1 1/2-in.nominal diameter.Steam piping:1 1/2 in.insulation for pipes<=1 1/2-in.nominal diameter 3 in.insulation for pipes>1 1/2-in.nominal diameter. - Exception:Pipe insulation is not required for factory-installed piping within HVAC equipment. Exception:Pipe insulation is not required for piping that conveys fluids having a design operating temperature range between 55 degrees F and 105 degrees F. Exception:Pipe insulation is not required for piping that conveys fluids that have not been heated or cooled through the use of fossil fuels or electric power. Exception:Pipe insulation is not required for runout piping not exceeding 4 ft in length and 1 in.in diameter between the control valve and HVAC coil. 13. Operation and maintenance documentation must be provided to the owner that includes at least the following information:a) equipment capacity(input and output)and required maintenance actionsb)equipment operation and maintenance manualsc) HVAC system control maintenance and calibration information,including wiring diagrams,schematics,and control sequence descriptions;desired or field-determined set points must be permanently recorded on control drawings,at control devices,or, for digital control systems,in programming commentsd)complete narrative of how each system is intended to operate. 14. Each supply air outlet or diffuser and each zone terminal device(such as VAV or mixing box)must have its own balancing device.Acceptable balancing devices include adjustable dampers located within the ductwork,terminal devices,and supply air diffusers. 15. Stair and elevator shaft vents must be equipped with motorized dampers capable of being automatically closed during normal building operation and interlocked to open as required by fire and smoke detection systems.All gravity outdoor air supply and exhaust hoods,vents,and ventilators must be equipped with motorized dampers that will automatically shut when the spaces served are not in use.Exceptions:-Gravity(non-motorized)dampers are acceptable in buildings less than three stories in height above grade.-Ventilation systems serving unconditioned spaces. Page 7 of 7 r REQUEST FOR PAYMENT From.' D.F. PRAY GENERAL CONTRACTORS To: RICE NORTH ANDOVER, LLC. Invoice: *DRAFT* 25 ANTHONY STREET c/o MARK INVESTMENTS, INC. Draw: *DRAFT* SEEKONK, MA 02771 54 JACONNET STREET, SUITE 203 Invoice date: 7/26/2006 NEWTON, MA 02461 Period ending date: Contract For: Request for payment.- Original ayment:Original contract amount $5,000,000.00 Approved changes $0.00 Project: DF-00004 Revised contract amount $5,000,000.00 Walareens/Petco Contract completed to date $4,000.00 Contract date: Add-ons to date $0.00 Taxes to date $0.00 Less retainage $400.00 Architect: Total completed less retainage $3,600.00 Scope: Less previous requests $3,600.00 Current request for payment $0.00 Current billing $0.00 Current additional charges $0.00 Current tax $0.00 CHANGE ORDER SUMMARY ADDITIONS DEDUCTIONS Less current retainage $0.00 Changes approved in previous Current amount due $0.00 months by Owner Remaining contract to bill $4,996,400.00 Total approved this Month TOTALS NET CHANGES by Change Order I hereby certify that the work performed and the materials supplied to date, as shown on the above represent the actual value of the accomplishment under the terms of the Contract(and all authorized changes thereof) between the undersigned and the RICE NORTH ANDOVER, LLC. relating to the above referenced project. I also certify that the contractor has paid all amounts previously billed and paid by the owner. CONTRACTOR: D.F. PRAY GENERAL CONTRACTORS State Of County Of By. Subscribed and sworn to before me this day of Date: Notary Public 1 My commission expires: pORT►, n C� Town of North Andover .060WAft itOffice of the Planning Department partment . e Community Development and Services EFffE Csti 1600 Osgood Street . '_ ^'{•c n_ Nor Andover, Massachusetts 01845 Lincoln Daley North OEC -7 pfl I: 59 Torn Planner Telephone(978)688-9535 Fax(97$)( g}542 NOTICE OF DECISIO MASSACPOO- JIJ,C-r` N Any appeal shall be filed Within(20)days after the Date of filing this Notice In the Office of the Town Clerk Date:December 6,2006 Dates of Hearings:November 21,2006, December 5,2006 Petition of: Rice North Andover,LLC., 54 Jaconnet Date of Decision: December 5,2006 Street, Suite ) Newton,Premises affected �203n' Massachusettschusetts 02461 26 : North Andover Assessors Map 27,Parcels 16, 17, 18, 19,20,21,22,23,24,25& Referring to the above petition for a Special Permit within the PI Overlay. The application was noticed and reviewed Planned Commercial District a wed' t approval described m accord bed m Sections 10.3, 1031,and 15 of the Town with the procedures for and MGL c.40,sec.9, wn of North Andover Zoning Bylaw So as to allow:the use of a retail pet store within the 11,295+- Walgreen, s Pharnlacy building located in the Pied Cage foot building adjacent to the mmercial District. After public hearings given on the above dates,the Planning Board voted to Permit based upon the following conditions: APPROVE the Special Signed: Lincoln Daley,To Planner, For the Planning Board Cc: Applicant Richard Nardella,Chairman Engineer Aberto Angles Abutters Richard Rowen Building Department Jennifer Kusek Johns Simons(Absent) BOARD OF APPEALS 688-9541 BUILDING 6 _ 88 9545CONSERV � ATION 6R8-9530 HEALTH 6RR-9540 PLANNING 6�y535 Planned Commercial District/Special Permit-Map 27,Parcels 16 through 26 Retail Building Use December 5,2006 In accordance with Section 15.2.1(a),the Planning Board herein approves the Special Permit for the proposed retail pet store within the 11,295+_square foot retail building adjacent to the Walgreens Pharmacy previously approved by the Planning Board on November 12,2005 under a Site Plan Special Permit. These buildings are located in the Planned Commercial Overlay District and on Map 27,Parcels 16, 17, 18, 19,20,21, 22,23,24,25&26 when combined total approximately 4.42+-acres(192,548 s.f). This Special Permit was requested by Rice North Andover,LLC., 54 Jaconnet Street, Suite 203,Newton, Massachusetts 02461. This application was filed with the Planning Board on October 19,2006. The applicant submitted a complete application which P hich was noticed and re 10.3, 10.31, 15.1,and 15.2.1 of the Town o viewed in accordance with Sections f North Andover Zoning Bylaw and MGL c.40A,sec.9 The Planning Board makes the following findings as r Section 10.3: equired by the North Andover Zoning Bylaws FINDINGS OF FACT: 1. The specific use as a retail pet store is an appropriate location for the project as it is located in the Planned Commercial Overlay District and involves a permitted use within the zoning district. 2. The use as developed will not adversely affect the neighborhood as the landscape desi will no or er,the use is modified from the landscape design plan previously gn t be compatible with the character and uses of the Town and provides significant eeconomic benefits s to the 3. There will be no nuisance or serious hazard to vehicles or pedestrians as the proposed use does not require any alterations or major modifications to the approved number of parking spaces,parking design,access or egress points. 4. Adequate and appropriate facilities will be provided for the proper operation of the proposed use. The project will provide for municipal water,sewer and utilities on the property to adequately address the needs of the project. Furthermore,the design of retail facility contains design characteristics that are present in traditional town centers and nearby Y comm ercial projects in P J North Andover. 5. Finally the Planning Board finds that the specific use is in harmony with the general purpose of this Zoning Bylaw. 6. The applicant shall adhere to all of the terms and conditions of the Site Plan Special Permit issued by the Planning Board on November 15,2005. The Planning Board makes the following findings as required by the North Andover Zoning Bylaws Sections 15.1 and 15.2.1 y FINDINGS OF FACT: 1. Thesed r o use P Po satisfies the intent of the overly district nct b developing land identified � Y unique ed by the Towns Master Plan and Planning Board for q and specific tracts of development. the Purpose of Pmp planned commercial 2. The proposed use is compatible with the character and uses of the Town and economic benefits to the community. The design of the retail facility contains design ch significant that are present in traditional town centers and nearby commercial projects in North AAndovercteristics 2 Planned Commercial District/Special Permit-Map 27,Parcels 16 through 26 Retail Building Use • December 5,2006 3. The proposed use will not impact the approved parking and traffic design. Further, adequate facilities are provided for each use and structure in the development. to parking 4. The project does not adversely affect the natural environment to the detriment ent of community 1 3 -- Bk 10623 P's 133 00-4337 r► 02-07-2007 a 03 2 09P Town of North Andover Office of the Planning Department a Community Development • •, ., . .�. tY p and Services . t ..IVED 1600 Osgood Street '• _:-��� �: f L North Andover,.Massachusetts 01845 Lincoln D410 2406 DEC-7 PH 1: 59 Tou-n Planner Telephone(978)6m9S35 �11C�: NOTICE OF DECISION MA5SArIttlSr' Any appeal shag be rued Within(20)days after the Date of rdiug this Notice In the 0171ce of the Town Clerk Date:December 6,Z006 Dates of Hearings;November 21,2006, December S.2006 Date of Derision:December S,2006 Petition of:Rice North Andover,LLC.,54.iawrinot Street,Suite 203,Newton,Massachusetts 02461 Premises affected: 26, North gadover Assessor's Map 27,Parcels 16, 17, 18, 19,2o,21,22,23,24 25$ Referring to the above petition for i Special Permit within the Planned Commercial District Overlay. The application was noticed and reviewed in accordance with the procedures for approval described is Sections 20,3,1031,and 15 of the Town of NorW Andover Zoning Bylaw and MGL c.40,sec.9. So as to allow.the use of a rdail pet store within the 11,2954-square foot building adjacent to the Walgreeu'9 Pharmacy building located in the Plaaazd Coaunercial District After public hearings givens on the above dates,the Planning Board voted to APPROVE the Sci Permit based upon the fallowing conditions: peal Signed: Lincoln Daley,To Planner, For the Planning Hoard Cc: Applicant Richard Nardelta,Chairman Engineer Aberte Angles Abutters Richard Rowen Building Department Jennifer Kusek Job=Simons(Absent) This is to certify that twenty(20)days have elapsed from date of decision,flied Ai,ST: without filing of an pe . Ado Date ,AT rue Copy Jeyse A.Bradshaw Qat Towfl 0191`111 Town'Clerk Bk 10623 Pg 134 #4337 Planned Commercial District/SpecIal Permit-Map 27,Parcels 16 through 26 Retail Building Use December 5,2006 In accordance with Section 15.2.((a),the Planning Board herein approves the Special Permit for the proposed retail pet store within the 11,295+-square foot retail building adjacent to the Walgreens Pharmacy previously approved by the Planning Board on November 12,2005 under a Site Plan Special Permit. These buildings are located in the Planned Comtnercial Overlay District and on Map 27,Parcels 16, 17,18, 19,20,21,22,23,24,25&26 when combined total approximately 4.42+-acres(192,549 s.f). This Special Permit was requested by Rice North Andover,LLC.,54 Jaconnet Street,Suite 203,Newton, Massachusetts 02461.This application was filed with the Planning Board on October 19,2006. The applicant submitted a complete application which was noticed and reviewed in accordance with Sections 10.3, 10.3 1, 15.1,and 15.2.1 of the Town of North Andover Zoning Bylaw and MGL c.40A,sec.9 The Planning Board makes the following fuidirtgs as required by the North Andover Zoning Bylaws Section 10.3: FINDINGS OF FACT: 1. The specific use as a retail pet store is an appropriate location for the project as it is located in the Planned Commercial Overlay District and involves a permitted use within the zoning district. 2. The use as developed will not adversely affect the neighborhood as the landscape design will not be modified from the landscape design plan previously approved for the site.Further,the use is compatible with the character and uses of the Town and provides significant economic benefits to the community. 3. There will be no nuisance or serious hazard to vehicles or pedestrians as the proposed use does not require any alterations or major modifications to the approved number of parking spaces,parking desigi,access or egress points. 4. Adequate and appropriate facilities will be provided for the proper operation of the proposed use. The project will provide for municipal water,sewer and utilities on the property to adequately address the needs of the project. Furthermore,the design of retail facility contains design characteristics that are present in traditional town centers,and nearby commercial pmj eets in North Andover. 5. Finally the Planning Board finds that the specific use is in harmony with the general purpose of this Zoning Bylaw. 6. The applicant shall adhere to all of the terms and conditions of the Site Plan Special Permit issued by the Planning Board on November 15,2005. The Planning Board makes the following findings as required by the North Andover Zoning Bylaws Sections 15.1 and 15.2.1 FINDINGS OF FACT: 1. The proposed use satisfies the intent of the overlay district by developing unique and specific tracts of land identified by the Town's Master Plan and Planning Board for the purpose of planned commercial development. 2. The proposed use is compatible with the character and uses of the Towtt and provides significant economic benefits to the community. The design of the retail facility contains design characteristics that are present in traditional town centers and nearby commercial projects in North Andover. 2 Bk 10623 Pg 135 #4337 planned Commercial District/Special Permit-Map 27,Parcels 16 through 26 Retail Building Use December 5,2006 I The proposed use will not impact the approves Parking and traffic design. Further,adequate parkin facilities are provided for each use and structure in the developmeaL S 4. The project does not adversely affect the natural environment to the detriment of community character. 3