HomeMy WebLinkAboutMiscellaneous - 163 MAIN STREET 4/30/2018 (2) / 163 MAIN STREET
210/030.0-0010-0000.0
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CONTRACT FOR CONSTRUCTION
THIS AGREEMENT, Made as of February 20,In the Year of 2007.
Between the Owner: Michael Foster and Stephen Sullivan
9 Waverly Road,No Andover,MA 01845
978.686.2266
And the Contractor: Robert Cunningham
Romasar,LLC
GC License CS056629,HIC License 153526
2 Red Oak Drive,Unit D,Plaistow,NH 03865
603.382.5114
For the Project: Office Building
163 Main Street,North Andover,MA
ARTICLE 1. CONTRACT DOCUMENTS
1.1 The contract documents consist of this agreement, general conditions, construction
documents, specifications, allowances, finish schedules, construction draw schedule, information
disclosure statement, all addenda issued prior to execution of this agreement and all change
orders or modifications issued and agreed to by both parties. All documents noted herein shall be
provided to the Contractor by the Owner. These contract documents represent the entire
agreement of both parties and supersede any prior oral or written agreement.
ARTICLE 2. SCOPE OF WORK
2.1 The Owner agrees to purchase and the Contractor agrees to construct the above
mentioned structure and fixtures attached thereto in North Andover,MA according to the
construction documents, allowances, finish schedules,all addenda,change orders,modifications
and specifications.
ARTICLE 3. TIME OF COMPLETION
3.1 The approximate commencement date of the project shall be March 19,2007. The
approximate completion date of the project shall be July 31,2007,however any change orders
and/or unusual weather might delay or otherwise affect the completion date
ARTICLE 4. THE CONTRACT PRICE
4.1 The purchase price of the project shall be set at the sum of Four Hundred Thirty-Eight
Thousand Dollars, ($438,000.00), subject to additions and deductions pursuant to authorized
change orders and allowances.
4.2 The Owner and the Contractor acknowledge that the Owner will pay a sum of Forty-
three thousand eight hundred dollars, ($43,800.00),upon signing of this contract and before
construction begins as a deposit and part of the purchase price of the project.
i
ARTICLE 5. PROGRESS PAYMENTS
5.1 The Owner will make payments to the contractor pursuant to the attached construction
draw schedule as work required by said schedule is satisfactorily completed. Owner shall make
draw payments to contractor within 5 days after request by contractor. Should the owner fail to
make payment, contractor may charge a penalty of 18% annually upon the unpaid amount until
paid.
5.2 If payment is not received by the Contractor within 15 days after delivery of payment
demand for work satisfactorily completed, contractor shall have the right to stop work or
terminate the contract at his option. Termination by Contractor under the provisions of this
paragraph shall not relieve the Owner of the obligations of payments to Contractor for that part of
the work performed prior to such termination. Termination by Owner under the provisions of this
paragraph shall not relieve the Owner of the obligations of payments to Contractor for that part of
the work performed prior to such termination.
ARTICLE 6. DUTIES OF THE CONTRACTOR
6.1 All work shall be in accordance to the provisions of the plans and specifications. All
systems shall be in good working order.
6.2 All work shall be completed in a workman like manner, and shall comply with all
applicable national, state and local building codes and laws.
6.3 All work shall be performed by licensed individuals to perform their said work, as
outlined by law.
6.4 Contractor shall obtain all permits necessary for the work to be completed.
6.5 Contractor shall remove all construction debris and leave the project in a broom clean
condition.
6.6 Upon satisfactory payment being made for any portion of the work performed, Contractor
shall furnish a full and unconditional release from any claim or mechanics' lien for that portion of
the work for which payment has been made.
ARTICLE 7. OWNER
7.1 The Owner shall communicate with subcontractors only through the Contractor.
7.2 The Owner will not assume any liability or responsibility,nor have control over or charge
of construction means,methods, techniques, sequences,procedures, or for safety precautions and
programs in connection with the project, since these are solely the Contractor's responsibility.
ARTICLE 8. CHANGE ORDERS AND FINISH SCHEDULES
8.1 A Change Order is any change to the original plans and/or specifications. All change
orders need to be agreed upon in writing, including cost, additional time considerations,
approximate dates when the work will begin and be completed, a legal description of the location
where the work will be done and signed by both parties. 50%of the cost of each change order
will be paid prior to the change,with the final 50%paid upon completion of the change order. A
12%fee shall be added to all change orders and overages in excess of initial allowances.
Additional time needed to complete change orders shall be taken into consideration in the project
completion date.
8.2 Completed Finish Selection Schedules shall be submitted to the Contractor as follows:
8.2.1 Schedule#1 within four weeks after site clearing begins.
8.2.2 Schedule#2 within eight weeks after site clearing begins.
8.3 Any delays or changes in finish selection schedules will delay the projected completion
date.
ARTICLE 9. INSURANCE
9.1 The Owner will keep in force a Builder's Risk Insurance Policy on the said property to
protect both owner's and contractor's interests until construction is completed.
9.2 The Owner will purchase and maintain property insurance to the full and insurable value
of the project, in case of a fire,vandalism,malicious mischief or other instances that may occur.
9.3 The Contractor shall purchase and maintain needed Workman's Compensation and
Liability insurance coverage as required by law and deemed necessary for his own protection.
ARTICLE 10. GENERAL PROVISIONS
10.1 If conditions are encountered at the construction site which are subsurface or otherwise
concealed physical conditions or unknown physical conditions of an unusual nature, which differ
naturally from those ordinarily found to exist and generally recognized as inherent in construction
activities,the Owner will promptly investigate such conditions and, if they differ materially and
cause an increase or decrease in the Contractor's cost of, and/or time required for,performance of
any part of the work, will negotiate with the Contractor an equitable adjustment in the contract
sum, contract time or both.
ARTICLE 11. HAZARDOUS MATERIALS,WASTE AND ASBESTOS
11.1 Both parties agree that dealing with hazardous materials, waste or asbestos requires
specialized training,processes,precautions and licenses. Therefore,unless the scope of this
agreement includes the specific handling,disturbance,removal or transportation of hazardous
materials, waste or asbestos,upon discovery of such hazardous materials the Contractor shall
notify the Owner immediately and allow the Contractor to contract with a properly licensed and
qualified hazardous material contractor. Any such work shall be treated as a Change Order
resulting in additional costs and time considerations.
ARTICLE 12. ARBITRATION OF DISPUTES
12.1 Any controversy or claim arising out of or relating to this contract, or the breach thereof,
shall be settled by arbitration administered by the American Arbitration Association under its
Construction Industry Arbitration Rules, and judgment on the award rendered by the arbitrator(s)
may be entered in any court having jurisdiction thereof.
, 1
ARTICLE 13. WARRANTY
13.1 At the completion of this project, Contractor shall execute an instrument to Owner
warranting the project for 1 year against defects in workmanship or materials utilized. The
manufacturers warranty will prevail.No legal action of any kind relating to the project,project
performance or this contract shall be initiated by either party against the other party after 3 years
beyond the completion of the project or cessation of work.
ARTICLE 14. TERMINATION OF THE CONTRACT
14.1 Should the Owner or Contractor fail to carry out this contract,with all of its provisions,
the following options and stipulations shall apply:
14.1.1 If the Owner or the Contractor shall default on the contract,the non-defaulting
party may declare the contract is in default and proceed against the defaulting party for
the recovery of all damages incurred as a result of said breach of contract,including a
reasonable attorney's fee. In the case of a defaulting Owner,the Earnest money herein
mentioned shall be applied to the legally ascertained damages.
14.1.2 In the event of a default by the Owner or Contractor,the non-defaulting party
may state his intention to comply with the contract and proceed for specific performance.
14.1.3 In the case of a defaulting Owner,the Contractor may accept, at his option the
earnest money as shown herein as liquidated damages, should earnest money not cover
the expenses to date,the Contractor may make claim to the Owner for all work executed
and for proven loss with respect to equipment, materials,tools,construction equipment
and machinery, including reasonable overhead,profit and damages applicable to the
property less the earnest money.
ARTICLE 15. ATTORNEY FEES
15.1 In the event of any arbitration or litigation relating to the project,project performance or
this contract,the prevailing party shall be entitled to reasonable attorney fees, costs and expenses.
ARTICLE 16. ACCEPTANCE AND OCCUPANCY
16.1 Upon completion,the project shall be inspected by the Owner and the Contractor,and
any repairs necessary to comply with the contract documents shall be made by the Contractor.
16.2 The Owner shall not occupy the property until final payment has been received by the
Contractor and a Certificate of Occupancy has been obtained.
16.3 Occupa cy of the proje y t Owner in violation of Article 16. , hall constitute
unconditional eptacomp ted nce of e p ect and a waiver of any defects or unwork.
ntracror Signatu b0wne\rSign.t.Sr4e
Location '' -
No. �'�' o Date
&ORTN TOWN OF NORTH ANDOVER
Certificate of Occupancy $
Building/Frame Permit Fee $
s�CHus
Foundation Permit Fee $
Other Permit Fee/ $
TOTAL $
Check # ✓c"f 2-
206U1
✓ Building rrfspector
NORTH '4
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TOWN OF NORTH ANDOVER
Sign Permit
Date: September 13, 2007
Permit Number: 009-08
THIS CERTIFIES THAT, Michael Foster& Stephen Sullivan Insurance
Has permission to erect a 4' X 6"Externally illuminatedogr and sign
On 163 Main Street Map Parcel provided that the person
accepting this Permit shall in every respect conform to the application on file in this office, and to the provisions of the Codes and
By-Laws relating to the Sign Regulations in the
Town of North Andover.
Violation of the Zoning of Sign Regulations, Section#6 Voids this Permit
INTERNALLY ILLUMINATED SIGNS ARE PROHIBITED
Inspector of Buildings
SIGN PERMIT APPLICATION
o� 1600 Osgood Street Building 20, Suite 2-36
TOWN OF NORTH ANDOVER
Site Owner M��-�� � \� Applicant Tel �1�l- - ��)q
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Site Address C �� Size of Proposed Sign
May Parcel \� Illumination: a)Not illuminated
b) Internally illuminated
How attached: a) Against the wall c®Externally illuminated
b) Roof _
c) Ground -, Materials:
d) Other
Proposed Colors: Background
Lettering Cost of Sign
Border
Note: No permanent/temporary sign shall be erected, or enlarged until an
Required Attachments: application on the appropriate form furnished by the Sign Office has been
Photographs of buildink v��C�� filed with the Sign Officer containing such information including
Material sample photographs, plans and scale drawings, as he may require, and a permit
Color sample S .,q��`� ,, for such erection, alteration, or enlargement has been issued by him.
Site or Plot Plan ( equired for a 1 free-standinlsigns) Such permit shall be issued only of the Sign Officer determines that the
Drawings of proposed sign SA% -4 c T chQ sign complies or will comply with all applicable provisions of the By-
Other, specify Law.
Will sign overhang any public road or walkway Yes ( ) NoVK A
If Yes, Name of Agency who will provide liability insurance:
AN INCOMPLETE APPLIATION WILL NOT BE ACCEPTED
DATE FILED: C`1 � `;;�l
Receipt # Check #
Revised 10.31.2006
Form Sign Permit Application SIGNATURE OF APPLICANT
ee
NORTH AlLV,, DOVER
INSURANCE AGENCY
Mj. FOSTER INSURANCE 1
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ADDRESS
509 Main Street Tewksbury, MA 01876
Tel (978) 851-4373 Fax (978)851-3174
TO: +( DATE ORDERED COMPLETION DATE
All%jj�oVi��o
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❑ PICK-UP p LIVER NSTALLATION
DELIVER TO
Spec f ica ww
O-n, SIZE SIGN TYPE MATERIAL LETTERS AMOUNT
w H D SINGLE SIDED-SS DOUBLE SIDED-DS) SIZE STYLE
> X X
X X
X X
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DESCRIPTION-
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WE PROPOSE hereby to furnish signage-complete in accordance with the above specifications,for the sum of:
> dollars ($
Payment to be made as follows:
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(C-,Gomlwolml
SKETCH DEPOSIT:The sketch deposit covers minimal costs involved in developing SPECIAL conditions on client's purchase orders in no way negate the above
a concept.It does not cover the actual purchase of a custom design,which would be Conditions of Sale.In ordering the work described above,the client accepts all of these
figured at an hourly rate,with a quoted minimum price.The sketch remains the property conditions whether noted on his purchase order or not.
of the designer.
IF UNUSUAL DIGGING conditions(ie: ledge,water, etc.)are encountered in ground
PRICE QUOTATION GOOD FOR DAYS. installation, this contract is binding; however, an additional cost based on our labor,
PRICES as indicated above, are minimum estimates for art or sign work only, plus %on sub-contract labor and materials,will be added to the above
Photostats, typography, photographs, overtime, changes and/or time additions, price.
delays caused by the client, special consultations and all other work expenses that
cannot be estimated accurately in advance will be billed extra unless otherwise THE CLIENT agrees to pay all costs of collection in the event of default of payment by
specified herein. the client,including a reasonable attorney's fee. In the event of delinquent payments,
the client will be charged a rate of %interest for every month after the
FINISHED art, mechanicals, and signs willreleased for use by the client only. first 30 days.
Mechanicals, original art, sketches and materials other than signs originated by the
designer are the property of the designer, and will be held for the client, unless
otherwise shown. Quoted By Date q
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The above proces, specifications, and conditions are satisfactory and are hereby
accepted.You are authorized to do the work above as specified.Payment will be made
as outlined above. Signature Date
Date . . .
O RT:'� TOWN OF NOR HsANDOVER
or ��.� --•..•. °off
V PERMIT F,OR*PLUMBING
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l.,t ,SSACNUSE�
This certifies that ....- =.-:-E �. <:^ -� :�...�:-? ' . . . • .
has permission to perform,- `-4 ' `''.- - _� �•
plumbing in the buildingsat .�w.� -^^-�' r . . . . . . . .. North Andover, Mass.
FeerM7 Lic. No/, �d.7. . ',r '� -%. . . . . . . . . . . .
GPLUM:BINC, INSPECTOR
Check # �`�7�
7376
MASSACHUSETTS UNIFORM APPLICATION FOR PERMIT TO DO PLUMBING
(Type or print)
NORTH ANDOVER,MASSACHUSIETTS
Date
Building Location I/ tet'/kI S Owners Name / SvqtiC�p� it# -
Amount jPf
Type of Occupancy ro/4-t e NC I A
New ® Renovation Replacement Plans Submitted Yes No
FIXTURES
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(Print ore)
fCheck one:
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Installing rtificateInstallin iComp yName polv-eA61(rse aCorp,
Addres �� 7x !6
rS w� VIPartner.
p'3
Business Telephone p 3
378 crU TO � Firm/Co.
Name of Licensed Plumber /C' A u/r-4,—
Insurance Coverage: Indicate the type of insurance coverage by checking the appropriate box:
Liability insurance policy ® Other type of indemnity 0 Bond ❑
Insurance Waiver I,the undersigned,have been made aware that the licensee of this application does not have any one of the above
three insurance
Signature Owner Agent
I hereby certify that all of the details and information I have submitted(or ent , bove appli 'on true and accurate to the
best of my knowledge and that all plumbing work and installations d t Iss for is application will be in
compliance with all pertinent provisions of the Massachusetts State Plu C d ap 14 of the General Laws.
By:
Signature of MCC118Cum er
Type of Plumbing License
Title
lCity/TownLicense um er Master Journeyman
[APPROVED(OFFICE USE ONLY
Date... . . . . : �� .... .
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3�Oy`�..ao ,s1tip`
TOWN OF NORTH ANDOVER
PERMIT FOR GAS INSTALLATION
�,SSACMUSE�
This certifies that �71. . . . . . . . . . . .
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has permission for gas installation ^.rx c� �. . :�..4.; . ._. •�-..:..<.,,r._.�,
in the buildings of . . . . . . . . . .
at . . . . . . .. North Andover, Mass.
Fee.AIl, `''. Lic. No.`?/, a q. . >_ - *^ - . . . . . . . . .
GAS INSPEvTOR
Check# 7��
5978
MASSACHUSETTS UNIFORM APPUCATON FOR PERM TO DO GAS FITTING
(Type or print) Date
NORTH ANDOVER,MASSACHUSETTS
Building Locations S - Permit#
Amount$ jp®
Owner's Nam���Z �ThsyraQ C Q ('
New Renovation Replacement Plans Submitted
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Z d W d aG E" ul Z �`' F "� In„ W
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SUB-BASEM ENT
B A S E M ENT
1ST. FLOOR
2ND. FLOOR
3RD. FLOOR
4TH . FLOOR
5TH . FLOOR
6TH . FLOOR
7TH . FLOOR
8TH . FLOOR
(Print or type) P /vim //K r f / CW one: Certificate In t lin Company
Name �ri�i� ! 6 /� <s
fl Corp.
Address UX X76
w 0 & Partner.
Business a ep one 7 OZ Z a Firm/Co.
Name of Licensed Plumber or Gas Fitter c
INSURANCE COVERAGE Check one:
I have a current liability Insurance policy or it's substantial equivalent. Yes 13 NoO
If you have checked Yes.please indicate the type coverage by checking the appropriate box.
Liability insurance policy 121-1, Other type of indemnity Bond
V
Owner's Insurance Waiver: I am aware that the licensee does not have the Insurance coverage required by Chapter 142 of the
Mass.General Laws,and that my signature on this permit application waives this requirement.
Check one:
Signature of Owner or Owner's Agent Owner 13 Agent
I hereby certify that all of the details and information I have submitted(or entered)'n a ve pplication tree and accurate to the
best of my knowledge and that all plumbing work apd installations perform d un r P ' ssued for pplication will be in
compliance with all pertinent provisions of the Massachusetts State Gas de d an 14 ft eral Laws.
By: Signature of Licensed Plumber Or Gas Fitter
Title ® Plumber 4 V Z
City/Town Gas Fitter License NuMber
Master
APPROVED(OFFICE USE ONLY) Journeyman
a Date... ..L'''� T
..............
NORTIf
°�,�``°;•'"° TOWN OF NORTH ANDOVER
3i '�'r ... • OL
0 ' PERMIT FOR WIRING
,SSACMUSEt
5.�
Thiscertifies that .............................................................................................
has permission to perform .:-/1-11 r
..............................
wiring in the building of ..... �!Y..............................
&3 / 1!?'/ 5, ............................. .North Andover,Mass.
Fee...r " --Lic.No. 3 /�............... ./.. .. � 2�..l ¢-t�
ELECTRICAL INSPECTOR (� 1-
Check # �/
7281
Commonwealth of Massachusetts Official Use Only
Department of Fire Services Permit No. 7;2w
Occupancy and Fee Checked
BOARD OF FIRE PREVENTION REGULATIONS [Rev. 1/071 leave blank)
APPLICATION FOR PERMIT TO PERFORM ELECTRICAL WORK
All work to be performed in accordance with the Massachusetts Electrical Code(MEC),527 CMR 12.00
(PLEASE PRINT IN INK OR TYPE ALL INFORMATION) Date: 1 - 2— o -7
City or Town of: NORTH ANDOVER To the Inspector of Wires:
By this application the undersigned gives notice of his or her intention to perform the electrical work described below.
Location(Street&Number) &
I
Owner or Tenant , _ rf lleephone No. z t
Owner's Address �� �' /-,Z-y.
Is this permit in conjunction with a buil ' g permit? Yes ❑ No (Check Appropriate Box)
Purpose of Building Af_f 7•,w,� t. Utility Authorization No.
2.2,!Z y Z 3 S
Existing Service Amps / Volts Overhead❑ Undgrd❑ No,of Meters
New Service JG o Amps _PVolts Overhead Undgrd ❑ No.of Meters
Number of Feeders and Ampacity
Location and Nature of Proposed Electrical Work:
Completion of the ollowin table may be iwaived by the Inspector of Wiree
No.of Recessed Luminaires No.of Ceil:Susp.(Paddle)Fans o.of Tota
Transformers KVA
No.of Luminaire Outlets No.of Hot Tubs Generators KVA
a
No.of Luminaires Swimming Pool Above o In- No.ot Emergency Lighting
rnd. grud. ❑ Battery Units
No.of Receptacle Outlets No.of Oil Burners FIRE ALARMS No.of Zones
No.of Switches No,of Gas Burners No.of Detection and
Initiating Devices
No.of Ranges No.of Air Cond. Total No.of Alerting Devices
Tons g
No.of Waste Disposers Heat Pump Number Tons KW No.of Self-Contained
Totals: 1 Detection/Alerting Devices
No.of Dishwashers Space/Area Heating KW Local❑ Municipal ❑ Other
Connection
No.of Dryers Heating Appliances Kms, Security Systems:
No.o Water No.of No.of No.of Devices or Equivalent
Heaters KW Data Wiring:
Si ns Ballasts No.of Devices or Equivalent
No.Hydromassage Bathtubs No.of Motors Total HP TelecommunicationsWiring:
No.of Devices or E uivalent
OTHER:
Attach additional detail if desired,or as required by the Inspector of Wires
d Estimated Value of Electrical Work: (When required by municipal policy.)
Work to Start: �/— -A -el-7 Inspections to be requested in accordance with MEC Rule 10,and upon completion.
1% INSURANCE COVERAGE: Unless waived by the owner,no permit for the performance of electrical work may issue unless
the Licensee provides proof of liability insurance including"completed operation"coverage or its substantial equivalent. The
undersigned certifies that such coverage n force,and has exhibited proof of same to the permit issuing office.
CHECK ONE: INSURANCE E3 BOND ❑ OTHER ❑ (Specify:)
certify,under the pains and penalties of perjury,that the information on this application is true and complete.
FIRM NAME:' £` LJ L �' LIC.NO.: 3
Licensee: / ,. /� � `I Signature [ 10.:AL 3
(If applicable,e er "exempt-in the license number line.) Bus.Tel. No.•4E• -
zQy
Address: s'
Alt.Tel. No.:
Per M.G.L c. 147,s. 57-61,security work requires Departme t of Pu lic Safety"S" License: Lic. No.
OWNER'S INSURANCE WAIVER: I am aware that the Licensee does not have the liability insurance coverage normally
required by law, By my signature below, I hereby waive this requirement, I am the(check tine) LJowner 0 owner;e�agent.
Owner/Agent
Signature Telephone No. PERMIT FEE. S