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Home My WebLink AboutBuilding Permit #26-11 - Exception 7/12/2011 TOWN OF NORTH ANDOVER APPLICATION FOR PLAN EXAMINATION Permit NO: Oc6 / Date Received Date Issued: IMPORTANT:Applicant must complete all items on this page LOCATION 149--')U Print PROPERTY OWNER Irl/ _� 1r 4r- Y C AA 13 . Unit# Print MAP NO:—�4PARCEL: '7 ZONING DISTRICT: Historic District yes ri Machine Shop Village yes 100 year-old structure yes TYPE OF IMPROVEMENT PROPOSED USE Residential Non- Residential ❑ New Building ❑ One family ❑Addition ❑Two or more family ❑ Industrial [,Alteration No. of units: ®-Commercial .Repair, replacement ❑Assessory Bldg ❑ Others: ❑ Demolition ❑ Other Septic ❑Well ❑Floodplain ❑ Wetlands ❑ Watershed District ❑ Water/Sewer DE CRIPTION OF WOIr TO BE PERFORMED- e o,-e 2 �- cc (:��.P-a) (Identification Please Type or Print Clearly) OWNER: Name: Phone: Address: CONTRACTOR Name: ( i�27�v' K. Phone: 9 r � r Address: 9(j (r tifiN S �Ov7�f' l/"t,Q �j A j Supervisor's Construction License: (,S 70�- Exp. Date: `�- Home Improvement License: f �( G fit Exp. Date: �y ARCHITECT/ENGINEER 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: $ �-( �UO�o � FEE: $ �� r Check No.: S Receipt No.: J NOTE: Persons c retracting with unregistered contractors do not have access to th uaranty fund Signature of Agent/Qwner Signature--of-contractor Building Department The following is a list of the required forms to be filled out for the appropriate permit to be obtained. Roofing, Siding, Interior Rehabilitation Permits ❑ Building Permit Application ❑ Workers Comp Affidavit ❑ Photo Copy of H.I.C. And/Or C.S.L. Licenses ❑ Copy of Contract ❑ Floor Plan Or Proposed Interior Work ❑ Engineering Affidavits for Engineered products NOTE: All dumpster permits require sign off from Fire Department prior to issuance of Bldg Permit Addition or Decks ❑ Building Permit Application ❑ Certified Surveyed Plot Plan ❑ Workers Comp Affidavit ❑ Photo Copy of H.I.C. And C.S.L. Licenses ❑ Copy Of Contract ❑ Floor/Crossection/Elevation Plan Of Proposed Work With Sprinkler Plan And Hydraulic Calculations (If Applicable) ❑ Mass check Energy Compliance Report (If Applicable) ❑ Engineering Affidavits for Engineered products NOTE: All dumpster permits require sign off from Fire Department prior to issuance of Bldg Permit New Construction (Single and Two Family) ❑ Building Permit Application ❑ Certified Proposed Plot Plan ❑ Photo of H.I.C. And C.S.L. Licenses ❑ Workers Comp Affidavit ❑ Two Sets of Building Plans (One To Be Returned) to Include Sprinkler Plan And Hydraulic Calculations (If Applicable) ❑ Copy of Contract ❑ Mass check Energy Compliance Report o Engineering Affidavits for Engineered products NOTE: All dumpster permits require sign off from Fire Department prior to issuance of Bldg .Permit In all cases if a variance or special permit was required the Town Clerks office must stamp the decision from the Board of Appeals that the appeal period is over. The applicant must then get this recorded at the Registry of Deeds. One copy and proof of recording must be submitted with the building application Doc: Doc.Building Permit Revised 2008mi Plans Submitted ❑ Plans Waived ❑ Certified Plot Plan ❑ Stamped Plans ❑ TYPE OF SEWERAGE DISPOSAL Public Sewer ❑ Tanning/Massage/Body Art ❑ Swimming Pools D_ Well ❑ Tobacco Sales ❑ Food Packaging/Sales ❑ Private(septic tank,etc. ❑ Permanent Dumpster on Site ❑ THE FOLLOWING SECTIONS FOR OFFICE USE ONLY INTERDEPARTMENTAL SIGN OFF - U FORM DATE REJECTED DATE APPROVED PLANNING & DEVELOPMENT ❑ ❑ COMMENTS CONSERVATION Reviewed on Signature COMMENTS HEALTH Reviewed on Signature COMMENTS a 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 DPW Town Engineer: Signature: Located 384 Osgood Street FIRE DEPARTMENT - Temp Dumpster on site yes no Located at 124 Main Street Fire Department signature/date COMMENTS Dimension Number of Stories: Total square feet of floor area, based on Exterior dimensions. Total land area, sq. ft.: ELECTRICAL: Movement of Meter location, mast or service drop requires approval of Electrical Inspector Yes No i DANGER ZONE LITERATURE: Yes No MGL Chapter 166 Section 21A—F and G min.$10041000 fine i NOTES and DATA— For department use f i it ❑ Notified for pickup - Date Doc:.Building Permit Revised 2011 June/mi JI 1 v ,rte Location�� j/'��7'" � ''t� No. Date 40RTN TOWN OF NORTH ANDOVER F?o',t`•o '•,hoL9 ' Certificate of Occupancy $ . a, 41 .i b' °''<�' Building/Frame/Frame Permit Fee $ �SSACHust 9 Foundation Permit Fee $ Other Permit Fee $ — TOTAL $ Check # 24665 Building Inspector ORTH 0 oon over 0 . LAKE I.O over, Mass., • COCMICMEWICK I C ADRATED `sS BOARD OF HEALTH Food/Kitchen PERM .IT T D Septic System 11 BUILDING INSPECTOR THIS CERTIFIES THAT 6w^, "�, (Y ... ........�.... ... ...,�........ .... .......... .... .�...................................................................... Foundation has permission to erect......................................... buildings on ..5.00........1 .....Pj ..... .a........ Rough to be occupied as............. Chimney«r..... .I. ..........9.. .......... Chimney .................................................................... provided that the person accepting this permit shall in every respect conform to the terms of the application on file in Final this office, and to the provisions of the Codes and By-Laws relating to the Inspection, Alteration and Construction of Buildings in the Town of North Andover. PLUMBING INSPECTOR VIOLATION of the Zoning or Building Regulations Voids this Permit. Rough Final PERMIT EXPIRES IN 6 MONTHS ELECTRICAL INSPECTOR UNLESS CONSTRU ST TS 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. RightFax C2-2 6/9/2011 9:35:23 AM PAGE 2/002 Fax Server ACORD. CERTIFICATE OF LIABILITY INSURANCE 06/09/2011 711S CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND,EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT:H the certificate holler is an ADDITIONAL INSURED,the policy(es)must be endorsed.H SUBROGATION IS WANED,subjectto the terms and conditions of the policy,certain policies may require and endorsement A statement an This certificate does not confer rights to the certificate holder In lieu of such endorsement(s). PRODUCER CONTACT NAME: PHONE FAX TL SOLMVAAYD INS AGENCY (A/C,No,Ext): FAX (AIC,No): 668 MAIN STREET H9 E-MAIL ADDRESS: PRODUCER WILMINGTON,MA 01887 CUSTOMER ID A 761PH INSURER(S)AFFORDING COVERAGE NAIC it INSURED INSURERA: TRAVELERS DIRECfASSIGNINIENT INSURER B: TETRAULT CRAIG DBA TETRAULT CONSTRUCTION INSURER C: INSURER D: 90 ELM STREET INSURER E: ANDOVER MA 01810 INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERnFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUE O TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECTTO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN.THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALLTHETERMS,EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLANS. INSR ADDLSUBR POLICY EFF DATE POLICY EXP DATE LTR TYPEOF INSURANCE INSR WVD POLICY NUMBER (MM,DDIYYYY) (MIMDDIYYYY) LIMITS GENERAL LIABILITY EACH OCCURRENCE $ COMMERCIAL GENERAL LIABILITY DAMAGE TO RENTED $ CLAIMS MADE OCCUR. PREMISES(Ea occurrence) MED EXP(Any one person) $ PERSONAL&&ADV INJURY $ GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ POLICY PROJECT LOC PRODUCTS-COMP/OP AGG $ AUTOMOBILE LIABILITY COMBINED SINGLE $ ANY AUTO LIMIT(Ea accident) ALL OWNED AUTOS BODILY INJURY $ SCHEDULE AUTOS (Per person) HIRED AUTOS BODILY INJURY $ (Per accident) NONOWNED AUTOS PROPERTY DAMAGE $ (Per accUent) UMBRELLA LIAB OCCUR EACH OCCURRENCE $ EXCESS LIAB CLAIMS-MADE AGGREGATE $ DEDUCTIBLE $ RETENTION$ $ WC STATUTORY LIMITS OTHER WORKER'S COMPENSATION AND EMPLOYER'S LIABILITY YIN UB-9936MS93.10 OW2912010 08/29/2011 E.L EACH ACCIDENT $ 100,000 ANY PROPERITORIPARTNER/EXECUTIVE Y E.L.DISEASE-EA EMPLOYEE $ 100,000 OFFICEWME MBER EXCLUDED? (Mandatory in NH) E.L.DISEASE-POLICY LIMIT $ 500,000 Ii yes,describe under DESCRIPTION OF OPERATIONS below DESCRIPTION OF OPERATIONS/LOCATIONSNEHtCLES/RESTRICTIONSISPECIAL ITEMS THIS REPLACES ANY PRIOR CERTIFICATE ISSUED TO 773E CERTIFICATE HOLDER AFFECTING WORKM COMP COVERAGE. THE WORIMS'COMPENSATION POLICY DOES NOT PROVIDE COVERAGE FOR TETRAULT CRAIG. CERTIFICATE HOLDER CANCELLATION TOWN OF N ANDOVER SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF,NOTICE WILL BE DELIVERED IN ACCORDANCE 1600 OSGOOD ST WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE N ANDOVER,MA 01845 Charles J Clark ACO RD 25(2009/09) 1988-2009 ACORD CORPORATION. All rights reserved. J The Commonwealth of Massachusetts Department of IndustrialAccidents Office of Investigations 600 Washington Street Boston,MA 02111 qu www.mass.gov1dia Workers' Compensation Insurance Affidavit: Builders/Contractors/JEleetricians/Plumberg Applicant Information (/ Please Print Legibly Name(Business/Organization/Individual): V Address: 40 �, 6 Cd__ -- City/State/Zip: awPhone#: Are you an employer?Check the appropriate box: Type of project(required): 1.❑ I am a employer with 4. ❑ I am a general contractor and I 6. ❑New construction employees(full and/or part-time).* have hired the sub-contractors 2.VS-1 am a sole proprietor or partner- listed on the attached sheet. q Remodeling ship and have no employees These sub-contractors have 8. ❑Demolition workingfor me in an capacity. workers'comp.insurance. 9 yE]Building addition [No workers'comp.insurance 5. ❑ We are a corporation and its required.] officers have exercised their 10.❑Electrical repairs or additions 3.❑ I am a homeowner doing all work right of exemption per MGL 11.❑Plumbing repairs or additions myself. [No workers'comp. c. 152,§1(4),and we have no 12.0 Roof repairs insurance required.] employees.[No workers' - 13.n Other comp.insurance required.] *Any applicant that checks box#1 must also fill out the section below showing their workers'compensation policy information. T Homeowners who submit this affidavit indicating they are doing all work and then hire outside contractors must submit a new affidavit indicating such. #Contractors that check this box must attached an additional sheet showing the name of the sub-contractors and their workers'comp,policy information. lam an employer that is providing workers'compensation insurance for my employees. Below is the policy and job site information. Insurance Company Name: —Fr4 U Policy#or Self-ins.Lic.#:[1 i, 3� �p 3` �' Expiration Date: ' Job Site Address: 1�� C-rc�'1' �� rA City/State/Zip: &L,4 Attach a copy of the workers' compensation policy declaration page(showing the policy number and expiration date). Failure to secure coverage as required under Section 25A of MGL c. 152 can lead to the imposition of criminal penalties of a fine up to$1,500.00 and/or one-year imprisonment,as well as civil penalties in the form of a STOP WORK ORDER and a fine of up to$250.00 a day against the violator. Be advised that a copy of this statement may be forwarded to the Office of Investigations of the DIA for insurance coverage verification. I do hereby certify under the pain r enalties ofperjury that the information provided above is true and correct. Signature: v Date: Phone Official use only. Do not write in this area,to be completed by city or town official City or Town: Permit/License# Issuing Authority(circle one): 1.Board of Health 2.Building Department 3.City/Town CIerk 4.Electrical Inspector 5.Plumbing Inspector 6.Other Contact Person: Phone#: nrnc��r'i� tti9'ri� Y _ HOME IMPROVEMENT CONTRACTOR _ Registration: 11ass:ac h(►sett� DL ►ur$nttnt ►►f pt►knit S�ifcfe, 140492 t i %� Expirat►on Type: $pard.t►t' i3uikliir�o Rct,lati►ins and Starttlar(ls 4 10/22/2011 a, T �2EAULT individual Construction Supervisor License CONSTRUCTION iETREAULT CONSTRUCTION License: CS 72802 CRAIG TETREAULT Restricted.to: 00 ` 90 ELM.,ST NDOVER;MA 01810 CRAIG S TETREAULT ;, " 90 ELM ST I UnderseCretn ' rY .: ANDOVER, MA 01810Ary Expiration: 3/23/2012 (lunroi;yiuni f Tr#: 19029 Tetreault Construction 90 Elm St Andover,MA 01810 Telephone 978 815 3745 Fax 978 470 1371 Email craigt123@verizon.net North Andover Country Club 5-20-2010 Please read this agreement carefully and make sure you understand it before siding it. This Construction agreement has legal force and effect and binds those who sign it to the terms and conditions stated below. Notice: All home improvement contractors and subcontractors engaged in home improvement contracting in the state of Massachusetts, unless specifically exempt from registration by provisions of chapter 142A if the general laws, must be registered with the Commonwealth of Massachusetts. Inquires about registration and status should be made to the Director of Home Improvement Contract Registration, One Ashburton Place, Room 1301,Boston Ma. 02108. Designated Registrant Name: Craig S. Tetreault MA Registration Number: 112674 MA Supervisor ID: CS072802 This agreement is made on 5-20-2010 between Tetreault Constructions/Craig Tetreault hereinafter called the"Contractor" and of North Andover County Club 500 Great Pond Rd.North Andover,Ma hereinafter called the"Owner". The Owner and Contractor agree to the terms and conditions set forth below: SECTION O1 Description of work to be performed: In accordance with the specifications attached to this agreement by Contractor, as set forth in addendum to plans or specifications, exclusions or other documents describing project scope before commencement. Above mentioned documents shall be initialed by both parties upon signing of agreement. Contractor shall provide sufficient labor, materials means methods and construction management/administration,ement/administration to complete > g � p project as described above according to the terms set forth in this agreement. All plans and specifications as described above are included in and hereby form a part of this agreement. SECTION.02 Agreed upon price: Contractor agrees to perform work described in plans and specifications and according to terms and condition set forth in this agreement for the approximate Sum of$4202.23. 1 A deposit of $1234.07 on signing of the contract, $1234.08 on start of the project, 1234.08 on completion of the project, and $500 on completion of the punch list. SECTION 03 Payment Schedule: Progress payments shall be issued to Contractor according to schedule in section 02 of contract and subject to all terms and conditions as provided in this construction agreement. Contractor shall notify Owner in writing upon substantial completion. Owner shall compile one punch list of items within five calendar days of notification. Failure to provide list within five calendar days expresses Owners waiver of punch list to Contractors discretion and start of warranty period. Contractor shall address items within fourteen calendar days according to "Section 11 Warranty and Quality Standards" or Contractors reasonable discretion if no standards applies. Contractor shall receive final payment upon punch list completion. Final payment shall be unencumbered by items arising after formulation of list. Final cleaning shall be completed before contractor receives final payment. Punch list completion expresses start of warranty period. Retainage is not applicable to this agreement. NOTICE: No agreement for home improvement contracting work shall require a down payment of more than one-third of total contract price, or more than the total amount of deposits which the contractor must make in advance in order to obtain delivery of special order materials and/or equipment,which ever amount is greater. SECTION 04 Commencement and Completion: Contractor shall not begin work or order materials before third day following signing of agreement. Contractor shall commence work within fourteen calendar days of building permit issuance. Substantial completion shall be as set fourth in construction schedule pursuant all terms and conditions of this agreement. Contractor shall bear no duty or expense for delays in commencement, progression, or completion of work that extend date of scheduled substantial completion which are not the fault of the contractor. Delays include, but are not limited to, change of work orders by owner, unavailability of Owner or Contactor supplied labor material, special orders, Owner or other party refusal to accept work upon notification of substantial completion, inability of Owner to choose finishes or make timely selection. Delays also include acts or decisions of governmental, regulatory or permit granting agencies or employees thereof, changes in governmental, regulatory or permit granting agencies policies or interpretations of policies, rules or regulation by employees thereof affecting project. Delays also include inclement weather, subsurface site conditions, floods, hurricanes, or other acts of god, strikes. Extension of time to scope of work shall equal or exceed time of delay. SECTION 05 Completeness of agreement for execution: Owner is hereby advised not to sign this agreement until all blank sections have been filled in or marked as void or not applicable and until all related referenced documents incorporated herein are initialed and attached hereto. SECTION 06 Copy of Agreement to be given to Owner: The laws of Massachusetts govern this agreement. This agreement must be executed in duplicate and the original signed copy given to owner at the time of execution. No work 2 under this agreement shall begin before signing of agreement and transmittal to Owner of signed copy of agreement. SECTION 07 Insurance: Contractor shall have in force general liability and workers compensation insurance policies. The above mentioned insurance shall encompass the period necessary to perform the work described under this agreement. Contractor liability is limited to construction process only. Contractor shall bear to duty or expense for Owner property not removed from site or damage to existing real property such as carpeting, wall finishes or other finishes in area affected infiltration during phase of work involving removing or altering of roof section or other work that may expose area of existing house to the elements. Contractor to tarp exposed area each day after discretion. Costs associated with repairing or replacing of paint surfaces, plaster walls, wall paper, wallboard, ceilings, flooring and floor finishes, carpeting or other interior finishes or property affected by infiltration of water shall result in change order. SECTION 08 Subcontracting: Contractor is responsible for completion described in agreement performed by the Contractor or subcontractor solicited by Contractor only. All said work shall conform to standard as stated in "Section l I Warranties and Quality Standards". Contractor shall bear no duty or expense for delays, inferior work, damage to completed work, warranties, other problems or incurred costs arising from use of subcontractors or vendors not solicited and /or designated solely by Contractor. Owner shall compensate Contractor in form of change order for such costs. Other incurred costs include but are not limited to cleanup, delay or other rescheduling, repair work, additional management/consultation. SECTION 09 Construction Related Permits: Under provisions of 142A of General Laws' of Massachusetts, the Contractor is required to apply for and obtain all construction—related permits. Owner shall indemnify Contractor from duty or expense for acts or determinations of permit granting, regulatory, Y, private, inspectional, governmental, environmental, or other agencies, conservation commissions, DEPA, individuals, or other groups or entities. Owner shall compensate Contractor in form of work change order as set forth in section 10 for incurred costs associated with above mentioned acts or determinations. Acts or determination, as stated below, which stop or delay project indefinitely shall terminate this agreement as set forth in Section 19. Contractor does not warrant that plans, specification or other project documents meet regulatory requirements. Notice: If the Owner obtains his own construction related permits for the work described under this agreement, the Owner will not be entitled to make a claim to, or collect from, the guaranty fund established by Chapter 142A, M.G.L. SECTION 10 Modifications to Scope :( Work Change Order) Terms set forth in agreement may be modified by written "work change order" signed by Contractor and Owner. Work change order shall be dated and state modification, cost to complete, and applicable extensions of time. In event Owner fails to sign by three calendar days of stated date of change order, Contractor shall proceed with work according to original agreement. Signing of work change order by Owner shall express 3 acceptance of change by Owner. Owner shall remit payment within four calendar days of date stated on Work Change Order. Failure to remit payment within four calendar days may suspend work until receipt of payment. Owner is liable for payments of all change order work performed by Contractor within four day remittance period or return of signed change orders. Reductions of scope totaling one percent of original agreement amount or less will be subject to Contractors discretion and approval. Estimating costs of change orders is sole responsibility of Contractor. SECTION 11 Warranties and Quality Standards: Contractor warrants that work is free from defects in material and or labor for period of one year from substantial completion. All work including warranty work shall be performed according to standards set forth in "Residential Construction Performance Guidelines for Professional Builders and Remodelers", published by National Associations of Homebuilders. These performance guidelines hereby form a part of agreement. Statements such as "Perfect condition, perfect surfaces, perfectly operable" or other statements relating to quality standards supplied in any documents describing this project shall be interpreted as conforming to these above mentioned standards. Contractor shall provide a reference copy of these guidelines upon request. Contractor shall use his sole discretion in executing work if no standards apply. Warranties for new fixtures and equipment shall pass through directly to Owner. Owner's failure to register or mail warranty cards or other evidence of ownership, which void manufacturer's warranty, shall not create liability or responsibility for Contractor to warrant such equipment. The Contractor warrants to the Owner that materials and equipment furnished under the contract will be of good quality and new unless otherwise required or permitted by the Contract Documents, that the work will be free from defects not inherent in the quality required or permitted, and that the work will conform to the requirements of the Contract Documents. Work not conforming to these requirements, including substitutions not properly approved and authorized, may be considered defective. The Contractor's warranty excludes remedy for damage or defect caused by abuse modifications not executed by the Contractor, improper or insufficient maintenance, improper operation, or normal were and tear and normal usage. If required by the Architect, the Contractor shall furnish satisfactory evidence as.to the kind and quality of materials and equipment. Contractor shall bear no duty or expense to warrant existing plumbing or heating systems or components, HVAC, or electrical systems or components, water heaters, disposals, compactors, other appliances, or existing systems requiring tie in modification, extensions or alterations. Contractor shall bear no duty or expense to warrant other systems or components unaffected by scope but remaining integral in function. Failure of existing systems as described above in part or in full during course of construction or within warranty period shall be considered extra work and a change order issued. Owner shall notify contractor of warranty items via mail or by contacting Contractor directly. SECTION 12 Arbitration: In event disputes arise concerning work or administration of agreement, Contractor and Owner shall utilize one or more of the following method in effect to resolve disputes: reference "Performance Guidelines for Professional Builders and Remodelers". Reference applicable sections of this agreement. Reference accepted or alternate industry 4 standards noting means and methods. Contractors sole discretion. Owner and Contractor agree to submit unresolved disputes concerning work or administration of agreement to a private arbitration service for determination. Arbitration service shall be approved by Secretary on Consumer Affairs and Business Regulation of Massachusetts. Owner and Contractor shall be required to submit to such binding arbitration as provide in MGL c. 142A Contractor and Owner hereby agree to these terms of arbitration: Contractor Signature: Date5 �/}� ��0 Owner Signature: � Date SECTION 13 Hidden and Existing Conditions: Contractor shall bear no duty or expense relating to hidden and/or existing conditions uncovered or discovered during construction process. Additional work exposed during construction shall result in change order to Owner. Examples of hidden or existing conditions include but not limited to ledge, subsurface water, unstable soil conditions (clay silt or other material requiring additional engineering and /or excavation or site work to address), insufficient structural elements, noisy/squeaky flooring, use of existing chimneys deemed noncompliant, noncompliant, out dated or damaged electrical, mechanical, plumbing, or other existing systems, underground wiring or utilities. Hazardous material removal or extermination of wood boring insect excluded from Contractor scope of work. Contractor shall bear no duty to investigate or uncover hidden and/ or existing condition in any form before commencement of work. Owner shall compensate Contractor from all additional work not duly expressed in plans and specifications. Work change order attributed to such conditions shall not be a violation of this agreement. Failure to remit costs of change orders shall result in work stop until remittance. Contractor shall bear no duty or expense for damages attributed to rain, snow, ice, wind, or other forces or combination of forces penetrating existing roofing, flashing, siding, windows, or other areas of structure. Contractor shall bear no duty or expense for dampness and/or water infiltration in existing basement. Contractor shall notify Owner promptly of such conditions. In event such hidden or existing conditions result in termination of agreement work shall proceed as set forth in "SECTION 19 Termination of Agreement". SECTION 14 Hazardous Waste: The testing and or removal of hazardous materials (As defined by the Environmental Protection Agency) are herby excluded from contractor's scope of work. Contractor shall bear no duty or expense associated with removal of hazardous material. In the event hazardous material is discovered or uncovered on construction site Contractor shall stop work until such materials are removed and sited is deemed free of hazardous material by qualified agency or entity. Extensions of completion date of agreement shall equal or exceed removal time of hazardous material from site or until termination of contract as set forth in"SECTION 19 Termination of Agreement". SECTION 15 Completeness of Specifications: 5 All Owner and Contractor supplied plans and specifications forming this agreement are deemed complete by Owner and Contractor. Work scope not clearly expressed in noted elevation, detailed drawings, written directives, scope letters or shop drawings prior to signing of agreement shall express Owners acceptance of Contractors sole means and methods. SECTION 16 Exclusions: Owner agrees to exclude following from Contractors scope of work: Testing or removal of hazardous materials as defined by the EPA, reuse of existing materials or hardware, finished landscaping, testing or extermination of wood boring insects, soil testing or site drainage plan or design. Contractor shall bear no duty or expense for moving, removing, storing, disposal of, or damage or loss of Owner property left in areas affected by construction. SECTION 17 Special Orders: Contractor shall bear no duty or expense for special order items or Owner supplied items arriving late or damaged. Such items include but are not limited to Granite countertops, custom cabinetry, Etc. Owner failure to supply special order items shall extend completion date accordingly. SECTION 18 Allowances: Items and pricing as set forth in allowance sheet (page 12) are included in price stated in "Section 2 Agreed upon price:" Owner shall use allowance sheet as a guide to provide such applicable discretionary items to Contactor in due time. Any overages from allowances will be owed to Contractor and will be submitted in writing and payable within 4 calendar days of writing submission. Any underage from allowances will be given as a credit to Owner at end of project. SECTION 19 Termination of Agreement: Contractor may terminate agreement and be compensated for work completed to date including overheard and profit under the following conditions: Owner failure to meet agreed payment schedule, determination by local, state , or federal government agency or other entity or circumstances stopping or delaying project 30 days or more, mutual agreement between Contractor and Owner to discontinue work. Owner may terminate agreement and be compensated for work not complete under the following conditions: Contractor persistently or repeatedly refuses or fails to perform according to contract documents by no fault of owner, any condition or situation Owner may see fit to terminate agreement by no fault of Contractor agreeing Contractor be compensated for work completed to date including overhead and profit. Upon termination of agreement by Contractor, Owner and Contractor shall sign dated notice of cancellation supplied by Contractor stating reasons of cancellation. Contractor shall have ten calendar days to submit a dated progress report including estimated financial statement. At this point Owner shall remit payments due Contractor, or Contractor shall remit credit due Owner. Upon Termination by owner, the Owner shall submit a dated letter to Contractor stating reasons for termination. Contractor shall have ten Calendar days to submit a dated progress report including estimated financial statement. At which time Owner shall remit payment due Contractor, or Contractor shall remit credit due Owner. 6 SECTION 20 General Conditions: 1. Exterior Roof and Trim: Contractor shall not be responsible for variation in color, style, or texture which may occur in transitions from new to old roofing shingle, or matching new roofing to existing roofing types or colors. 2. Interior trims and Finishes: Weaving new flooring to existing wood floors is to discretion of Contractor. Contractor is not required to match existing flooring finishes. Wallpaper removal is excluded from Contractor scope of work unless expressly set forth in plans and specs. 3. Transitions: Scopes of work involving transitions of new materials or elevations to existing material or elevations shall be according to standard set forth solely by Contractors professional discretion. Existing warped or not level floors or walls requiring additional work to compensate for shall result in change order or remain as is at discretion of Contractor. 4. Jacking/Shimming: Jacking, shimming, or leveling of existing structure not expressed in plans and /or specifications are excluded from Contractors scope of work. Additional structural work required or authorized by Owner for aesthetic reasons after signing of agreement shall result in change order. 5. Deliveries and Disposal: Contractor shall control site deliveries and placement of materials and dumpsters. Owner shall be responsible to stake out or barricade and make known septic locations, underground tanks or other areas of concern before signing agreement. Dumpster usage is limited to Contractor or agents of Contractor. 6. Site Impact: Upon substantial completion, affected area shall be free of debris. Rough grade shall be sole discretion of the Contractor and Contractor excavator. Contractor is not responsible for replanting or replacing any tree, shrubbery and/or plantings that were removed from construction site. 7. Material and Millwork: Contractor is responsible for acquisition of all construction related materials with exceptions per terms of allowance sheet. Owner and Contractor shall review and confirm final window quote before order placement. Window purchases are final. Window order modifications which alter price after purchase shall result in a change order. 8. Framing and Walkthrough: 7 Contractor and Owner shall meet at commencement of interior framing and review interior nonstructural partitions and other incidental framing before their construction. At this time, Owner may request modifications or alterations of partitions subject to Contractors sole discretion. Changes in framing after this meeting shall result in change order. 9. Electrical walkthrough: Electrician and Owner shall meet at commencement of rough in and review plug, telephone, cable, switch and light fixture locations. All locations are final. Changes, additions or relocation after meeting shall result in change order. 10. Plumbing and Walkthrough: Plumber and Owner shall meet at commencement of rough in and review sink setups, shower head heights and location also baseboard heat placement before commencement of rough in. All plumbing fixture, vanities, and countertops to be provided by Homeowner unless otherwise noted on allowance sheet. Installation included. Changes and relocation after meeting shall result in change order. 11. Painting and Walkthrough: Painter and Owner shall meet at commencement of interior and exterior painting and review paint colors and finished. All paint to be Benjamin Moore products supplied by painting contractor. Owner shall supply all color and finish information at this time based on painting contractor color charts. Color schemes are limited to two colors (1 trim and one wall) per room and eight colors per project. Additional schemes are changes order. Wall preparation after removal of existing wall paper is limited to sanding and priming. Removal of existing wallpaper exposing wall areas in need of repair or not acceptable by Owner shall be change order. 12. Marble, Granite, and Ceramic Tile Walkthrough: Contractor to provide list of tile quantities consisting of amounts per floor, shower floor, shower walls, tub and surround areas. Owner is responsible for purchase and delivery of tile and related materials (tile, grout, color match caulking) Sealing of tile/grout not included in scope of work. Contractor to assist in coordination of patterns and installation by Granite Company. 13. Cleaning: Site to be broom cleaned during course of construction at Contractors discretion. Contractor shall perform one final cleaning before occupancy. Cleaning shall take place after contractor receives final payment. Cleaning is limited to new or modified areas only and consists of washing windows, mirrors, and glass surfaces, clean and vacuum cabinets and countertops, and removal of final debris and container. If cleaning of exterior is not able to be done because of snow coverage Owner will contact Contractor once snow has melted and Contractor will clean site within 14 calendar days. 14. Job Signs; Upon commencement Contractor may locate one job sign of not more than 48"x48" on Owner property. This sign may remain on property not more than thirty days after 8 substantial completion of project. 15. Meetings: Owner and Contractor shall communicate in person or by telephone a minimum of once a week to review progress. Site super shall meet with owner not more than 30 min. per day to discuss Owner concerns. 16. Fixtures and Appliances: Contractor is responsible for installation of appliances. Owner is responsible for purchase and delivery to site. EXCLUSIONS: Back page of payment schedule sheet is excluded from the construction contract. 9 RIGHT TO CANCEL The Owner may cancel this agreement if it has been signed by the Owner at a place other than address of the Contractor which may be his main office or branch thereof,provided that the Owner notifies the Contractor in writing at his main office or branch by ordinary mail posted,by telegraph sent or by delivery, not later than midnight of the third business day following the signing of this agreement. See attached Notice of Cancellation. HOMEOWNER: DO NOT SIGN THIS AGREEMENT IF THERE ARE ANY BLANK SPACES By signing below Tetreault Construction and the Owner stated on Page one of this agreement herby agree to all terms and conditions in this agreement: OWNERS SIGNATURE: CONTRACTORS SIGNATURE: DATE OF TRANSACTION: c c 10 NOTICE OF CANCELATION You may cancel this transaction, without penalty or obligation,within three days from the date of signed contract. If you cancel, any property traded in , any payments made by you under this agreement, and any negotiable instruments executed by you will be returned by the Contractor within ten business days following receipt of you cancellation notice. Any security interest arising out of the transaction will be cancelled. You must make available to the Contractor any goods delivered to you or your residence under this agreement, in as substantially good condition as when received, or you may comply with the instruction of the Contractor regarding the return shipment of the goods at the Contractors expense and risk. If you do make goods available to the Contractor and the Contactor does not pick them up within twenty days of the date of you cancellation, you may retain or dispose of the goods without any further obligation. If you fail to make goods available to the Contractor, or if you agree to return goods to the Contractor and fail to do so,then you remain liable for performances of all obligations under this agreement. To cancel this transaction, mail or deliver a signed and dated copy of this Notice of Cancellation or another written notice or send a telegram to Tetreault Construction Y g C/O Craig Tetreault, 90 Elm St Andover,Ma 01810 or contact the office 978-815-3745. Not later than Midnight of 5-24-2010 I HEREBY CANCEL THIS TRANSACTIONS DATE OWNERS SIGNATURE: OWNERS ADDRESS: ll Scope of work for project: Building permit fee is included in contract. DISCRIPTION OF WORK TO BE DONE As described in attached estimate Allowances included in project Not included in contract Interior painting Exterior painting Any changes in contract will be made in writing signed by owner and contractor before changes are made. Contractor will not be responsible for any damage done to personal belongings due to vibration or banging. Owner is asked to remove or take down all breakables before construction starts. Garage may be used to store materials or appliances during construction. All efforts will be made to keep house secure and weather tight. 1 year warranty on all labor and workmanship. Contractor Signature Date weer Signature Date 12 Change order Project work change or addition description: Amount of change/addition: _ Approximate additional time added to project contract: OWNERS SIGNATURE: CONTRACTORS SIGNATURE: DATE OF TRANSACTION: Payment due 4 calendar days from date of transaction. 13