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Miscellaneous - 790-800 WAVERLY ROAD 4/30/2018 (2)
cc a� Mona r M 06/29/2006 14:29 6838354922 Tom of North AfKkN r Bundling Depriment 27 Charles Street North Andover IAA 04845 Tel: 9784M-9646. Fax: 978-68"S422 DANLEY DEMUL111UN rwsac wd, PIT M_ Q r. • DB3rr. OF PUBLIC WORKS - VVATER:- _ I ACM& I0'd 2PS688984616 01 9C0I S24 846 9NI833NIJN3 NJ SI:OI 9002 BI inr OW20/2906 14:29 6039954322 Tawe of North Andover Building Deparbomt 27 Marks Stvet North Andover MA 01843 Tel: 9794=.= 45 Fax: 9' $4WW-9542 DAM -LY MMULIIIUN rmar- JD OWAffnWW SIG OFFS GAS titi.5..��r • _ Ed =DKe/aey ENGINEERS ARCHITECTS PLANNERS CONSTRUCTORS T0: DF Prav 25 Anthony Street Seekonk, Ma 02771 )F TRANSMITTAL DATE: March 31, 2006 ATTENTION: Russell Benassl PROD. #: 050013187 RE: Town of North Andover Affidavit 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: COPIES DATE No. DESCRIPTION 1 3/30/06 1 Structural Design Affidavit 1 3/30/06 2 Electrical Design Affidavit 1 3/30/06 3 Mechanical Design Affidavit 1 3/30/06 4 Architectural Design Affidavit 1 3/30/06 5 Plumbing Design 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 comment ❑ For bids due: ❑ Borrowed prints returned Remarks: If you have any questions or concerns please feel free to contact me. Thank you c: 343 Congress Street Boston, Massachusetts 02210 Voice 617.242.9222 Fax 617.242.9824 www.ekcorp.com SIGNED: Michael Cassavoy If enclosures are not as noted, kindly notify us immediately J:\2005 Projects\050013.187\Correspondence\Transmittals\crowley - 12-27-05.doc r Tenant "A" Walgreens Pharmacy # 10209 Tenant "B" To be determined Waverly Street & Route 114 North Andover, Massachusetts 780 CMR 903.1.1 Fire Protection Systems NARRATIVE REPORT May 2006 Prepared by: Roger G. Bernard, P.E. W. T. Greer, P.E. Edwards and Kelcey Architectural and Design Services, Inc. 343 Congress Street Boston, MA 02210-1131 Tel. (617) 242-9222 Fax. (617) 242-9824 Walgreens, No. Andover, MA Narrative of Fire Protection May 2006 903.1.1 (1.a) BASIS (METHODOLOGY) OF DESIGN Section 1—Building Description Use Group: M (Mercantile) Construction Type: 2C Actual Area: Tenant "A" Walgreens 14,820 sq. ft. Tenant "B" (to be determined) 10,579 sq. ft. Occupancy Load: Tenant "A" 374 persons Tenant `B" 301 persons Number of exits provided: Tenant "A" 2 Tenant "B" 2 Section 2—Applicable Laws, Regulations and Standards. a) 780 CMR code sections "Fire Protection System Requirements" b) Applicable sections of M.G.L., Chapter 148, "Fire Prevention" c) Applicable sections of 527 CMR "Fire Prevention Regulations" d) Local Regulations e) Massachusetts Electrical Code 0 Americans with Disabilities Act g) NFPA 13 Installation of Sprinkler Systems h) NFPA 101 Life Safety Code i) NFPA 70 National Electrical Code j) NFPA 72 National Fire Alarm Code k) NFPA 241 Standard for Safeguarding Construction, Alteration, and Demolition Operations 1) FM Approval guide m) Underwriters Laboratories Walgreens, No. Andover, MA Narrative of Fire Protection May 2006 Section 3—Design responsibility for fire protection systems. Sprinkler System. A new automatic sprinkler will be provided. There will be an alarm valve with water motor gong and electric bell for each tenant. The professional engineer (PE) provides a partial design and specifies the design criteria to be used by the installing contractor who finalizes the system layout, provides calculations to confirm the design criteria. The PE reviews and approves the installing contractor's final layout and calculations. The PE is considered the engineer of record and certifies system installation for code compliance at completion. Section 4—Fire protection systems installed. a) The building will be fully protected by an automatic sprinkler system. b) Fire alarm systems and components. A manual and automatic alarm system will be installed. The system will include manual pull stations at building exits, automatic smoke detectors, duct smoke detectors with test buttons, sprinkler water flow switches and tamper switches, ADA compliant speaker strobes, a fire alarm control panel, an annunciator and outdoor red strobe over the entrance, and a new master box. c) Emergency power equipment. The fire alarm system will be equipped with battery backup as required by Code. Emergency lighting will be provided via emergency battery units. Section 5—Features in the design methodology. a) It is the designer's intent that the building be equipped with manual and automatic notification and evacuation signaling systems. b) The local Fire Department will receive notification from the master box. c) Safeguards, fire prevention and emergency procedures during construction will be performed and monitored by the general contractor's safety officer in compliance with the requirements of NFPA 241 and the authority having jurisdiction. d) Operations and maintenance manuals for the fire alarm system are to be furnished by the installing contractor. Future periodic testing of the system shall be performed by an approved fire alarm testing contractor in accordance with NFPA, State, and City procedures. Walgreens, No. Andover, MA Narrative of Fire Protection May 2006 e) The sprinkler system for retail spaces shall be based on design density of .16 GPM over 1,500 Sq. Ft., storage and general stock areas are designed for ordinary group 2 with a density of 0.35 GPM over 2,000 Sq. Ft., the toilets, offices and employee break room will be designed for .10 GPM over 1,500 Sq. Ft. f) A new 6 inch common fire service will come off the existing 6 inch water main in Waverly Road. There will be a double check valve assembly, and an alarm check valve with butterfly valves, main drain, electric bell and water motor gong for each tenant. A Storz fire department connection will be located on the South side of each tenant space. h) The entire fire suppression system will be hydraulically sized by the sprinkler contractor, who will furnish drawings and calculations to the following: 1. Design Engineer 2. North Andover Fire Department 3. North Andover Building Department Section 6—Special Consideration and Description. There are no deviations from prescriptive requirements of regulatory codes and standards. 903. 1.1 (1.b) Sequence of Operation. Operation of a system smoke/heat detector, manual pull station or water flow switch shall automatically: a) Notify the fire department via the master box. b) Sound an evacuation tone. Activation of a duct smoke detector will cause all of the above-described functions to occur plus will cause the associated air handling unit to shut down. The annunciator panel will indicate the address and location of the first device which initiated the alarm. Activation of a tamper switch, or derangement of a supervised fire alarm circuit or equipment, will cause a trouble signal in the fire alarm control panel and notify the fire department via the master box. Walgreens, No. Andover, MA Narrative of Fire Protection May 2006 903. 1.1 (1.c) Testing Criteria. Section 1—Testing criteria a) The designated responsible employee of the electrical subcontractor who installed the fire alarm system will be responsible for setting up and coordinating the fire alarm test. b) The professional in charge of the fire alarm testing will witness the testing, along with representatives of the authorities having jurisdiction. The testing contractor will complete an inspection and testing form, similar to that shown in NFPA 72 7- 5. The operation of sprinkler flow switches and tamper switches should be tested in conjunction with the testing of the sprinkler system. c) The general contractor will designate a responsible person to notify, with sufficient lead time, all persons who must perform and witness the tests, when the systems are ready for testing. Section 2—Fire Suppression System a) The mains will be hydrostatically tested with a pressure of 200 psi for a period of two hours without a loss in pressure. b) Flushing and testing of the entire sprinkler system shall be in accordance with the State Building Code, specifically Chapter 9, and NFPA 13, and 25. c) The sprinkler contractor shall perform all required acceptance tests and complete and sign the appropriate "Contractor's Material and Test Certificate." d) The sprinkler contractor shall provide all required signage and all necessary literature and instructions provided by the manufacturers, describing proper operation and maintenance of all devices and equipment installed. Section 3—Equipment and Tools a) Equipment to be available on site at the time of witnessing the operational testing of the fire alarm system will include: Manufacturer's instructions, smoke machines, sound meters, voltage meters, magnets, communications radios. Walgreens, No. Andover, MA Narrative of Fire Protection May 2006 Section 4—Approval Requirements b) The method of documenting approval shall be the standard method of the authorities having jurisdiction. c) When a system or portion of a system fails to operate satisfactorily, the cause of the failure shall be found and corrected and the applicable portion of the test repeated. It is expected that the contractor will have tested the components and systems in advance of the official test to find and correct any deficiencies. d) A Certificate of Completion, as shown in NFPA 72 1-7, shall be prepared and submitted by the contractor. The Inspection and Testing Form, as shown in NFPA 72 7-5, shall be prepared and submitted by the contractor. e) A list of names, addresses and telephone numbers of building personnel who are to be notified in case of emergency shall be provided to the code officials. TOWN OF NORTH ANDOVER STRUCTURAL DESIGN AFFIDAVIT Permit N°. To the Building Department, of the Town of North Andover, Mr. Jerry Brown. Re: New Retail Development I certify that, to the best of my knowledge, information and belief, the plans and computations accompanying the attached application concerning the locus at New Retail Development at Waverly Street and Turnpike Road are in accordance with the requirements of the Massachusetts State Building Code and all other pertinent laws and ordinances. el tr r �� Signed . `. Rachid J. Farah, P.E. �AOFMgs� �P q� Structural—Mass. Reg. N°. 45180 a RAWD I FRRAH c�+� S RUel'URAL. Edwards and Kelcey Architectural and Design Services, Inc. Company 343 Congress Street, Boston, MA 02210-1131 Address 617-242-9222 Phone March 30, 2006 Then personally appeared the above-named Rachid J. Farah and made oath that the above statement by him is true. \\, .a�i Before me, My commission ex es*.,,,. Saniw ; 5 \�\ �/llll; l l ij -1�� TOWN OF NORTH ANDOVER ELECTRICAL DESIGN AFFIDAVIT Permit N°. To the Building Department, of the Town of North Andover, Mr. Jerry Brown. Re: New Retail Development I certify that, to the best of my knowledge, information and belief, the pl s and computations accompanying the attached application concerning the locus at New Retail Development at Waverly Street and Turnpike Road are in accordance with the requirements of the Massachusetts St A c Building Code and all other pertinent laws and ordinances. �J 4EERM ELECTRIM Cu mm nm March 30, 2006 W. Thompson Greer, P.E. Electrical—Mass. Reg. N°. 29963 Edwards and Kelcey Architectural and Design Services, Inc. Company 343 Congress Street, Boston, MA 02210-1131 Address 617-242-9222 Phone Then personally appeared the above-named W.Thompson Greer and made oath that the above statement by him is true. Before me, My commission expires: final affidavit/N.Andover Electrical Design Affidavit DANIEL A. MCLAUGHLIN Notary Public Commonwealth of Massachusetts lt�Y Comrlission Expires Feb 16,1007 TOWN OF NORTH ANDOVER MECHANICAL DESIGN AFFIDAVIT Permit NO. To the Building Department, of the Town of North Andover, Mr. Jerry Brown. Re: New Retail Development I certify that, to the best of my knowledge, information and belief, the plans and computations accompanying the attached application concerning the locus at New Retail Development at Waverly Street and Turnpike Road are in accordance with the requirements of the Massachusetts State Building Code and all other pertinent laws and ordinances. Signed C N I y� Nuri Kilic KHAKI Mechanical —Mass. Reg. NO. 32879 � tM>`ct�►t�ac.�. No. 32879 Edwards and Kelcey Architectural and Design Services, Inc. Company 343 Congress Street, Boston, MA 02210-1131 Address 617-242-9222 Phone March 30, 2006 Then personally appeared the above-named Nuri Kilic and made oath that the above statement by him is true. Before me, My DANIEL A. MCLAUGHLIN Notary Public Commonwealth of Massachusetts ���,•°' My Commission Expires Feb 16,200 7 TOWN OF NORTH ANDOVER ARCHITECTURAL DESIGN AFFIDAVIT Permit N°. To the Building Department, of the Town of North Andover, Mr. Jerry Brown. Re: New Retail Development I certify that, to the best of my knowledge, information and belief, the plans and computations accompanying the attached application concerning the locus at New Retail Development at Waverly Street and Turnpike Road are in accordance with the requirements of the Massachusetts State Building Code and all other pertinent laws and ordinances. %r Signed Michael A. Cassavoy �\S�EpEO Agcy Architectural—Mass. Reg. N°. 8485 MICHAEL A Edwards and Kelcey Architectural and Design Services, Inc. o CASSAVOY -4 No.8485 Company ;o SOSTAON, W ')f Of MAS343 Congress Street, Boston, MA 02210-1131 Address 617-242-9222 Phone March 30, 2006 Then personally appeared the above-named Michael A. Cassavoy and made oath that the above statement by him is true. Before me, My commission expires: DANIEL A. MCLAUGHLIN Notary Public Commonwealth of Massachusetts LW— MrCWvr W0r1 E*W Feb 16, 2007 final affidavit/N.Andover Architectural Design Affidavit TOWN OF NORTH ANDOVER PLUMBING DESIGN AFFIDAVIT Permit NO. To the Building Department, of the Town of North Andover, Mr. Jerry Brown. Re: New Retail Development I certify that, to the best of my knowledge, information and belief, the plans and computations accompanying the attached application concerning the locus at New Retail Development at Waverly Street and Turnpike Road are in accordance with the requirements of the Massachusetts State Building Code and all other pertinent laws and ordinances. March 30, 2006 Roger G. Bernard Mass. Reg. NO. 35344 Edwards and Kelcey Architectural and Design Services, Inc. Company 343 Congress Street, Boston, MA 02210-1131 Address 617-242-9222 Phone Then personally appeared the above-named Roger G. Bernard and made oath that the above statement by him is true. Before me, My commission expires: 40f*CDANIEL A. MCLAUGHLIN 0ftniS&WEXPk%F6b16,2 Notary Public Commonwealth of Massachus 0900 I - APPLICATION FOR SEWER SERVICE CONNECTION% A North Andover, Mars. A&w "?� Application by the undersigned is hereby made to connect with the town sewer main in Street, subject to the rules and regulations of the Division of Public Works. �i The premises are known as No. / /P L'� (/VI�C/"UI Street or subdivisir lot no. kilt ,, A4 1 cam'' Vi Owner r Contractor �CK74, V 17/7 �erict Address PERMIT TO CONNECT WITH SEWER The Division of Public Works hereby grants permission to r to make a connection with the sewer main at subject to the rules and regulations of the Division of Public Works.. Inspected by Date D Street See back for rules and regulations 7% 435 2 - APPLICATION APPLICATION E05�WATER SERVICE CONNECTION'') North Andover, Mass 24 19 Application by the undersigned is hereby made to connect with the town water main in a� subject F-- subject to the rules and regulations of the Division of Public Works. n The premises are known as No. or subdivision lot no. v" 4 4Tee,-1.5 d�& Owner Address I r Contractor J. e- -� 4:�a Address PERMIT TO CONNECT WITH WATER MAIN The Board of Public Works hereby grants permission to to make a connection with the water main at P subject to the rules and regulations of the Division of Public Works. Inspected by Date r': � eUe-1 , Street Street BoardrofP,lic Works By See back for rules and regulations r. t EdrvaraLv Narrative Report ANDKerey 343 Congress Street ENGINEERS Boston, Massachusetts 02210 ARCHITECTS Voice 617.242.9222 PLANNERS Fax 617.242.9824 CONSTRUCTORS yyww.ekcorp.com Document Title: 1 Narrative Report State Code: Massachusetts State Building Code (780 CMR) Compliance with: Section 1301.8.4.1 Client: Rice North Andover L.L.C. (Mark Investments) Project Description: Tenant Building Location: North Andover Massachusetts Designers of Record: Edwards and Kelcey Date of Submittal: May 15th, 2006 Contents: Section 1.0: Section 2.0: Section 3.0: Section 4.0: Section 5.0: Section 6.0: Section 7.0: Attachments: System Description Basis of Design Sequence of Operations and Interactions Systems and Equipment Capacities Testing Operation and Maintenance Manuals Record Drawings and Control Documents Envelope Compliance: Prescriptive Method Building Fabric U & R Value Calculations Page 1 of 6 Section 1.0: System Description The new building consists of a core area, which shall be used for retail, grooming area and stock area. The building has a total of 11,036 square foot gross floor area. The building is located in Climate zone 13a. The grooming area will be provided with heating and air conditioning as well as the retail space and stock area. The entire building will be provided with required ventilation. Required outdoor air ventilation is based on BOCA 1993 Mechanical Code for specialty store space. The building system was designed for five zones. Each zone has its own unit, which provide both cooling and heating for designated area. The units tagged as RTU -1 B thru RTU -513 are roof mounted, provided from Lennox company. All units are provided with factory -installed economizer. In addition, the unit RTU -1 B which serves the vestibule and entrance area, is provided with a humidifier. The air distribution system will be a constant air volume system. Medium pressure supply ducts will be used between air handling unit discharge and the terminal units. Edwards ^"'DKe%y Page 2 of 6 i Section 2.0: Basis of Design The following represents the data used to calculate the capacities and parameters for the building components. 2.1. HVAC 2.1.1. Interior Temperature Set points. ➢ 70° F. (adj.) heating during occupied hours. ➢ 60° F. (adj.) heating during unoccupied hours. ➢ 75° F. (adj.) cooling during occupied hours. ➢ 75° F. (adj.) cooling during unoccupied hours. 2.1.2. Exterior temperature Set Points. ➢ 7° F. Winter ➢ 87° F. db & 74°F. wb Summer. 2.1.3. Occupancy. ➢ Retail area: 9,467 sqft — 316 people. ➢ General Stock area: 744 sqft — 3 people. ➢ Grooming area: 825 sgft — 28 people. ➢ Total from above = 11,036 sqft - 347 people. 2.1.4. Envelope. ➢ 5591 square foot gross wall area. ➢ 10'-0" floor to ceiling height. ➢ 1054 square foot gross glazing area. ➢ 11,036 square foot gross roof area. ➢ Wall Construction - See attachment. ➢ Windows will be fixed metal frame with thermal break, double pane with low -e tint. Manufacturers stated U value is 0.603 ➢ Roof con truction is steel framed metal deck with insulation and membrane roofing for a .."tal alue of 0.06. ANO��,eey Page 3 of 6 ➢ The floor will be insulated to a minimum R value of R-8. 2.1.5. Ventilation. A minimum of 0.30 CFM per square foot of fresh air ventilation will be provided in the retail area. 20 CFM per person of fresh air ventilation in the stock area and 1 CFM per square foot of fresh air ventilation in the grooming area. Section 3.0: Sequence of Operations. 3.1 HVAC. Packaged rooftop units will maintain internal temperature conditions. Each unit will be individually operated to control set points and strategies to achieve maximum efficiency. Complete installation of the controls system will be provide by the client. Section 4.0: Systems and Equipment Capacities. 4.1. HVAC. There will be a total of five rooftop units, serving five zones of the building. Each unit will be equipped with a natural gas fired burner, heat exchanger, direct expansion electric cooling system, compressors, condensers, fan and filtration system. The unit capacities are listed below: Page 4 of 6 f Unit Area Served Quantity Cooling Heating Supply Air Outdoor Air Ref (Tons) (MBH) (CFM) (CFM) Sales and RTU -1A 1 4 100 1450 0 Entrance area RTU -213 Sales area 1 10 192 3600 950 Sales and RTU -36 Grooming 1 10 192 3600 950 area - Sales and RTU -413 1 10 192 3600 950 Stock area RTU -513 Sales area 1 10 192 3600 950 Section 5.0: Testing The General Contractor and any required specialist contractor will perform the following tests and inspections to complete the work. The client and/or his representative may elect to witness any or all parts of the testing and inspection process. 5.1. HVAC. ➢ Inspection of all equipment for physical damage. ➢ Inspection of all equipment for unusual noise or vibration. ➢ Inspection of the seals on all HVAC -equipment for leaks. ➢ HVAC systems will be balanced to the listed values. All duct branches, grilles, diffusers and registers will be balanced using the volume control dampers. ➢ All systems will be verified as functioning within design parameters and as the contract documents. ➢ A balancing report will be provided indicating airflow rates at all duct branches and from all diffuse s, grilles and registers. Edwards "D/(e%y Page 5 of 6 Section 6.0: Operation and Maintenance Manuals. When the building works are complete and ready for occupancy, the General Contractor will provide the following items before the review and final testing begins. 6.1 HVAC Two complete sets of Operating and Maintenance manuals, one set to be kept on site, the other to be issued to the Client. A duplicate copy of the operating instructions, controls, mechanical and electrical layout drawings of each equipment room will be stored in a cabinet within that space. The manuals will include manufacturers literature and cover the operation and maintenance of the following: ➢ Facility management system. ➢ Packaged HVAC units. ➢ All items of equipment mechanical equipment. ➢ Record drawings. Section 7.0: Record Drawings and Control Documents. When the building works are complete and ready for occupancy, the General Contractor will provide the following items before the review and final testing begins. ➢ Full size set of Record Drawings for the HVAC to be kept with the operation and maintenance manuals. ➢ A further set, scaled to fit on legal size paper. ➢ Copy of the final testing and balancing report. Edwards AND�Q,�y Page 6 of 6 Permit # Permit Date COMcheck Software Version 3.2.1 Envelope Compliance Certificate Massachusetts Commercial Code Report Date: 05/15/06 _ Data filename: C:\Program Files\Check\COMcheck\Tenant Building North Andover.cck Section 1: Project Information Project Title: Walgreens Store North Andover Construction Site: Owner/Agent: Waverly & Route 114 Walgreens North Andover, MA Facilities Planning, Design & Engineering 200 Wilmot Road Deerfield, IL 60015 Section 2: General Information Building Location (for weather data): North Andover, Massachusetts Climate Zone: 13a Heating Degree Days (base 65 degrees F): 5641 Cooling Degree Days (base 65 degrees F): 678 Project Type: New Construction Vertical Glazing / Wall Area Pct.: 17% ),wilding Type Floor Area Retail 11036 Section 3: Requirements Checklist Envetope,PASSES:"pesigr 14%6etterthan Climate -Specific Requirements: Component Name/Description Roof 1: Other N Exterior Wall: Other,4" brick, 2.5-6"air space,8" concrete, 1.5" polistyrene insulation, 5/8" gypsum board, HC 1.0 Window 1: Other,Metal Frame with thermal Break, Double Pane with LOW -E Tinted, Clear, SHGC 0.58 E Exterior Wall: Other, HC 1.0 Window 4: Other,see win 1, Clear, SHGC 0.58 S -E Exterior Wall 5: Other, HC 1.0 S Exterior Wall 4: Other, HC 1.0 Door 1: Solid S -W Exterior Wall 5: Other, HC 1.0 W Exterior Wall 6: Other, HC 1.0 Floor 1: Slab-On-Grade:Unheated, Depth 4 ft. Designer/Contractor: Edwards and Kelcey 343 Congress Street Boston, MA 02210 Gross Area Cavity Cont. Proposed Budget or R -Value R -Value U -Factor U -Factor Perimeter 11036 -- --- 0.060 0.060 1291 --- --- 0.081 0.091 590 --- — 0.603 0.603 1094 --- --- 0.081 0.091 464 -- --- 0.603 0.603 494 --- -- 0.081 0.091 1579 --- -- 0.081 0.091 74 -- -- 0.143 0.143 266 -- --- 0.081 0.091 1381 --- -- 0.081 0.091 382 --- 8.0 --- --- (a) Budget U -factors are used for software baseline calculations ONLY, and are not code requirements. Walgreens Store North Andover Page 1 of 2 (b) Certain building use types require continuous under -slab insulation (see Massachusetts Code Section 1304.2.7 and 1304.2.8). Air Leakage, Component Certification, and Vapor Retarder Requirements: ❑ 1. All joints and penetrations are caulked, gasketed, weather-stripped, or otherwise sealed. ❑ 2. Windows, doors, and skylights certified as meeting leakage requirements. ❑ 3. Component R -values & U -factors labeled as certified. ❑ 4. Insulation installed according to manufacturer's instructions, in substantial contact with the surface being insulated, and in a manner that achieves the rated R -value without compressing the insulation. ❑ 5. Vapor retarder installed. Section 4: Compliance Statement Compliance Statement: The proposed envelope design represented in this document is consistent with the building plans, specifications and other calculations submitted with this permit application. The proposed envelope system has been designed to meet the Massachusetts Commercial Code requirements in COMcheck Version 3.2.1 and to comply with the mandatory requirements in the Requirements Checklist. Principal Envelope Designer -Name Signature Date Walgreens Store North Andover Page 2 of 2 r Wall Constructions Walgreens -North Andover MA Comcheck wall Wall Details Outside Surface Color ._...._ .................._...... Medium Absorptivity...._. i_ ......................_.............__....,....0.675 Overall U -Value ........ ....... ....._......_:.._....... ........ .... ...... 0.081 BTU/(hr-ft2-°F) all Layers Details jinsioe to uuislue Thickness Density Specific Ht. R -Value Weight. in Ib/ft' BTU / (Ib' - °F) (hr-ft=-°F)[BTU lbLft2 Layers. Inside surface resistance 0.000 0.0 0.00 0.68500 0.0 5/8 -in gypsum board 0.625 50.0 0.26 0.56004 2.6 'Emil -vapor barrier 0.000 0.0 0.00 0.10000 0.0 polystyrene rigid insulation 1.500 2.0 0.22 5.00000 0.3 8 -in LW concrete 8.000 29.0 0.20 4.44000 19.3 inside air space 2.500 0.0 0.00 0.87000 0.0 4 -in face brick 4.000 125.0 0.22 0.43290 41.7 Outside surface resistance 0.000 0.01 0.001 0.250001 0.0 Totals 16.625 - 12.337941 63.9 05/15/2006 08:17AM Hourly Analysis Program v.4.2 Page 1 of 1 Roof Constructions Valgreens-North Andover MA Comcheck 05/15/2001 :dwards and Kelce 08:17M ROOF Roof Details Outside Surface Color ...._. _.......... ............. __........ _ . Dark Absorptivity......_........_......._.......................... _.._....__ ... 0.900 Overall U -Value ..........._........_ ........_ ......._....._....... __. 0.060 BTU/(hr ft? °F) Roof Layers Details Inside to Outside Layers. Thickness:. in Density. Ib/ft- Specific Ht. R` -Value `BTU ( (lb - °F) ;(hr�ft2 =F)/BTU:: Weight lb/ftp Inside surface resistance 0.000 0.0 0.00 0.68500 0.0 Steel deck 0.034 489.0 0.12 0.00011 1.4 R-14 board insulation 2.000 2.0 0.22 13.88889 0.3 Built-up roofing 0.5001 70.01 0.35 1.75000 2.9 Outside surface resistance 0.000 0.01 0.00 0.33300 0.0 Totals 2.534 -1 16:65700 4.6'. Hourly Analysis Program v.4.2 Page 1 of 1 « Wall Constructions Walgreens -North Andover MA Comcheck 05/15/200E Edwards and Kelce 08:25AN display case+window Wall Details Outside Surface Color._ ......... .......... .....................__. Dark Absorptivity 0.900 Overall U -Value ...._........_,............_ .._..._ .......__......_ 0.122 BTU/(hr - F -I- U-�Qc 0� Wil) W all La ers ut;L IM 11I0IUV .., .....�,... Thickness. Density. Specific Ht. R -Value Layers: irr Ib/ft' 'BTU ! (Ib - °F)jftIb1 jWeight Inside surface resistance 0.000 0.0 0.00 0.68500 0.0 5/8 -in gypsum board 0.625 50.0 0.26 0.56004 2.6 rigid insulation 1.500 2.0 0.22 5.07000 0.3 Air space 12.000 0.0 0.00 0.91000 0.0 1/2 -in plywood 0.500 34.0 0.29 0.62189 1.4 Outside surface resistance 0.000 0.0 0.00 0.33300 0.0 Totals 14.625. = 8:17993 4.3' Hourly Analysis Program v.4.2 Page 1 of 1 r 4 Eff"Wrav 343 Congress Street _ ENGINEERS Boston, Massachusetts 02210 ARCHITECTS Voice 617.242.9222 PLANNERS Fax 617.242.9824 CONSTRUCTORS www.ekcorp.com Document Title: Narrative Report State Code: Massachusetts State Building Code (780 CMR) Compliance with: Section 1301.8.4.1 Client: Rice North Andover L.L.C. (Mark Investments) Project Description: Tenant Building Location: North Andover Massachusetts Designers of Record: Edwards and Kelcey Date of Submittal: May 15th, 2006 Contents: Section 1.0: Section 2.0: Section 3.0: Section 4.0: Section 5.0: Section 6.0: Section 7.0: Attachments: System Description Basis of Design Sequence of Operations and Interactions Systems and Equipment Capacities Testing Operation and Maintenance Manuals Record Drawings and Control Documents Envelope Compliance: Prescriptive Method Building Fabric U & R Value Calculations Page 1 of 6 Section 1.0: System Description The new building consists of a core area, which shall be used for retail, grooming area and stock area. The building has a total of 11,036 square foot gross floor area. The building is located in Climate zone 13a. The grooming area will be provided with heating and air conditioning as well as the retail space and stock area. The entire building will be provided with required ventilation. Required outdoor air ventilation is based on BOCA 1993 Mechanical Code for specialty store space. The building system was designed for five zones. Each zone has its own unit, which provide both cooling and heating for designated area. The units tagged as RTU -1B thru RTU -5B are roof mounted, provided from Lennox company. All units are provided with factory -installed economizer. In addition, the unit RTU -1 B which serves the vestibule and entrance area, is provided with a humidifier. The air distribution system will be a constant air volume system. Medium pressure supply ducts will be used between air handling unit discharge and the terminal units. Edwards Page 2 of 6 Section 2.0: Basis of Design The following represents the data used to calculate the capacities and parameters for the building components. 2.1. HVAC 2.1.1. Interior Temperature Set points. ➢ 70° F. (adj.) heating during occupied hours. ➢ 60° F. (adj.) heating during unoccupied hours. ➢ 75° F. (adj.) cooling during occupied hours. ➢ 75° F. (adj.) cooling during unoccupied hours. 2.1.2. Exterior temperature Set Points. ➢ 7° F. Winter ➢ 87° F. db & 747. wb Summer. 2.1.3. Occupancy. ➢ Retail area: 9,467 sqft — 316 people. ➢ General Stock area: 744 sqft — 3 people. ➢ Grooming area: 825 soft — 28 people. ➢ Total from above = 11,036 sqft - 347 people. 2.1.4. Envelope. ➢ 5591 square foot gross wall area. ➢ 10'-0" floor to ceiling height. ➢ 1054 square foot gross glazing area. ➢ 11,036 square foot gross roof area. ➢ Wall Construction - See attachment. ➢ Windows will be fixed metal frame with thermal break, double pane with low -e tint. Manufacturers stated U value is 0.603 ➢ Roof con truction is steel framed metal deck with insulation and membrane roofing for a ,,,.,"otal alue of 0.06. AND�Q-e Page 3 of 6 ➢ The floor will be insulated to a minimum R value of R-8. 2.1.5. Ventilation. A minimum of 0.30 CFM per square foot of fresh air ventilation will be provided in the retail area. 20 CFM per person of fresh air ventilation in the stock area and 1 CFM per square foot of fresh air ventilation in the grooming area. Section 3.0: Sequence of Operations. 3.1 HVAC. Packaged rooftop units will maintain internal temperature conditions. Each unit will be individually operated to control set points and strategies to achieve maximum efficiency. Complete installation of the controls system will be provide by the client. Section 4.0: Systems and Equipment Capacities. 4.1. HVAC. There will be a total of five rooftop units, serving five zones of the building. Each unit will be equipped with a natural gas fired burner, heat exchanger, direct expansion electric cooling system, compressors, condensers, fan and filtration system. The unit capacities are listed below: Ealwards Page 4 of 6 Unit Area Served Quantity Cooling Heating Supply Air Outdoor Air Ref (Tons) (MBH) (CFM) (CFM) Sales and RTU -1A 1 4 100 1450 0 Entrance area RTU -26 Sales area 1 10 192 3600 950 Sales and RTU -36 Grooming 1 10 192 3600 950 area Sales and RTU -413 1 10 192 3600 950 Stock area RTU -56 Sales area 1 10 192 3600 950 Section 5.0: Testing The General Contractor and any required specialist contractor will perform the following tests and inspections to complete the work. The client and/or his representative may elect to witness any or all parts of the testing and inspection process. 5.1. HVAC. ➢ Inspection of all equipment for physical damage. ➢ Inspection of all equipment for unusual noise or vibration. ➢ Inspection of the seals on all HVAC equipment for leaks. ➢ HVAC systems will be balanced to the listed values. All duct branches, grilles, diffusers and registers will be balanced using the volume control dampers. ➢ All systems will be verified as functioning within design parameters and as the contract documents. ➢ A balancing report will be provided indicating airflow rates at all duct branches and from all diffuse s, grilles and registers. Edwai aff ,wo/fe%y Page 5 of 6 Section 6.0: Operation and Maintenance Manuals. When the building works are complete and ready for occupancy, the General Contractor will provide the following items before the review and final testing begins. 6.1 HVAC Two complete sets of Operating and Maintenance manuals, one set to be kept on site, the other to be issued to the Client. A duplicate copy of the operating instructions, controls, mechanical and electrical layout drawings of each equipment room will be stored in a cabinet within that space. The manuals will include manufacturers literature and cover the operation and maintenance of the following: ➢ Facility management system. ➢ Packaged HVAC units. ➢ All items of equipment mechanical equipment. ➢ Record drawings. Section 7.0: Record Drawings and Control Documents. When the building works are complete and ready for occupancy, the General Contractor will provide the following items before the review and final testing begins. ➢ Full size set of Record Drawings for the HVAC to be kept with the operation and maintenance manuals. ➢ A further set, scaled to fit on legal size paper. ➢ Copy of the final testing and balancing report. Edwards e%y Page 6 of 6 Permit # Permit Date COMcheck Software Version 3.2.1 Envelope Compliance Certificate 0 Massachusetts Commercial Code Report Date: 05/15/06 Data filename: C:\Program Files\Check\COMcheck\Tenant Building North Andover.cck Section 1: Project Information Project Title: Walgreens Store North Andover Construction Site: Owner/Agent: Designer/Contractor: Waverly & Route 114 Walgreens Edwards and Kelcey North Andover, MA Facilities Planning, Design & 343 Congress Street Engineering Boston, MA 02210 200 Wilmot Road U -Factor Deerfield, IL 60015 Perimeter Section 2: General Information Building Location (for weather data): North Andover, Massachusetts Climate Zone: 13a Heating Degree Days (base 65 degrees F): 5641 Cooling Degree Days (base 65 degrees F): 678 Project Type: New Construction Vertical Glazing / Wall Area Pct.: 17% Building Type Floor Area Retail 11036 Section 3: Requirements Checklist Climate -Specific Requirements: Component Name/Description Gross Area Cavity Cont. Proposed Budget or R -Value R -Value U -Factor U -Factor Perimeter Roof 1: Other 11036 -- -- 0.060 0.060 N Exterior Wall: Other,4" brick,2.5"-6"air space,8" concrete, 1.5" 1291 -- -- 0.081 0.091 polistyrene insulation,5/8" gypsum board, HC 1.0 Window 1: Other,Metal Frame with thermal Break, Double Pane 590 --- — 0.603 0.603 with LOW -E Tinted, Clear, SHGC 0.58 E Exterior Wall: Other, HC 1.0 1094 --- -- 0.081 0.091 Window 4: Other,see win 1, Clear, SHGC 0.58 464 - --- 0.603 0.603 S -E Exterior Wall 5: Other, HC 1.0 494 -- --- 0.081 0.091 S Exterior Wall 4: Other, HC 1.0 1579 --- --- 0.081 0.091 Door 1: Solid 74 --- --- 0.143 0.143 S -W Exterior Wall 5: Other, HC 1.0 266 -- --- 0.081 0.091 W Exterior Wall 6: Other, HC 1.0 1381 --- --- 0.081 0.091 Floor 1: Slab -On -G rad e:Unheated, Depth 4 ft. 382 --- 8.0 -- --- (a) Budget U -factors are used for software baseline calculations ONLY, and are not code requirements. Walgreens Store North Andover Page 1 of 2 (b) Certain building use types require continuous under -slab insulation (see Massachusetts Code Section 1304.2.7 and 1304.2.8) Air Leakage, Component Certification, and Vapor Retarder Requirements: ❑ 1. All joints and penetrations are caulked, gasketed, weather-stripped, or otherwise sealed. ❑ 2. Windows, doors, and skylights certified as meeting leakage requirements. ❑ 3. Component R -values & U -factors labeled as certified. ❑ 4. Insulation installed according to manufacturer's instructions, in substantial contact with the surface being insulated, and in a manner that achieves the rated R -value without compressing the insulation. ❑ 5. Vapor retarder installed. Section 4: Compliance Statement Compliance Statement: The proposed envelope design represented in this document is consistent with the building plans, specifications and other calculations submitted with this permit application. The proposed envelope system has been designed to meet the Massachusetts Commercial Code requirements in COMcheck Version 3.2.1 and to comply with the mandatory requirements in the Requirements Checklist. Principal Envelope Designer -Name Signature UdLC Walgreens Store North Andover Page 2 of 2 Wall Constructions Nalgreens-North Andover MA Comcheck 05115/200E Edwards and Kelce 08:17AN wall Wall Details Outside Surface Color... ....... ...... Medium Absor tivi 0.675 Overall U -Value ................... ._........._........_...._......_..... 0.081 BTU/(hr-ft'-°F) Wall LP �i1J va. a4a •...r.va. •v ....-�•-• Layers Thickness in; Density. Ib/ft' Specific Ht.. R;Value; !BTU / (Ib - °F) (hr-ft''IFYBTU Weight lb/ft Inside surface resistance 0.000 0.0 0.00 0.68500 0.0 5/8 -in gypsum board 0.625 50.0 0.26 0.56004 2.6 6 mil.vapor barrier 0.000 0.01 0.00 0.10000 0.0 polystyrene rigid insulation 1.500 2.0 0.22 5.00000 0.3 8 -in LW concrete 8.000 29.0 0.20 4.44000 19.3 inside air space 2.500 0.0 0.00 0.87000 0.0 4 -in face brick 4.000 125.0 0.22 0.43290 41.7 Outside surface resistance 0:000 0.0 0.00 0.250001 0.0 Totals 16.625 - 12.33794: 63:9 Hourly Analysis Program v.4.2 Page 1 of 1 Y � Roof Constructions Walgreens -North Andover MA Comcheck 05/15/200E Edwards and Kelcey 08:17AN ROOF Roof Details Outside Surface Color....... _...._.... - .............. Dark Absorptivity ... .... ........................._... 0.900 Overall U -Value .......... _...... ......... ................... . 0.060 BTU/(hr-ft? °F) Roof Layers Details inside to Outside Layers. Thickness, . in Density Ib/ft Specific Ht. R -Value' :BTU / (lb - °F) (hr -ft' °F)/BTU: Weight Ib/ft2 Inside surface resistance 0.000 0.0 0.00 0.68500 0.0 Steel deck 0.034 489.0 0.12 0.00011 1.4 R-14 board insulation 2.000 2.0 0.22 13.88889 0.3 Built-up roofing 0.500 70.0 0.35 1.75000 2.9 Outside surface resistance 0.000 0.0 0.00 0.33300 0.0 Totalsl 2.534: - 16.657:00 4.6 Hourly Analysis Program v.4.2 Page 1 of 1 Wall Constructions Walgreens -North Andover MA Comcheck 05/15/2006 Edwards and Kelcey 08:25AM display case+window Wall Details Outside Surface Color ............ ........................._........... Dark Absorptivity ..... ........................................................ -........ 0.900 .� = o • 52 Overall U -Value ..........._......._........_....__. _ ..........._... 0.122 BTU/(hr-ft2-°F) + U f4,_+pr WI(1 Wall Layers Thickness in Density ` Ib/ft' Specific Ht. R -Value BTU !:(Ib - °F) (hr -ft? °F)/BTU Weight Ib/ftp Inside surface resistance 0.000 0.0 0.00 0.68500 0.0 5/8 -in gypsum board 0.625 50.0 0.26 0.56004 2.6 rigid insulation 1.500 2.0 0.22 5.070001 0.3 Air space 12.000 0.0 0.00 0.91000 0.0 1/2 -in plywood 0.500 34.0 0.29 0.62189 1.4 Outside surface resistance 0.000 0.0 0.00 0.33300 0.0 Totals 14.825 - 8.17993 4.3 Hourly Analysis Program v.4.2 Page 1 of 1 i 14 Edwards -/(e%y ENGINEERS ARCHITECTS PLANNERS CONSTRUCTORS Document Title: State Code: Compliance with: Client: Project Description: Location: Designers of Record: Date of Submittal: Contents: 343 Congress Street Boston, Massachusetts 02210 Voice 617.242.9222 Fax 617.242.9824 www.ekcorp.com Narrative Report Massachusetts State Building Code (780 CMR) Section 1301.8.4.1 Rice North Andover L.L.C. (Mark Investments) Tenant Building North Andover Massachusetts Edwards and Kelcey May 15th, 2006 Section 1.0: Section 2.0: Section 3.0: Section 4.0: Section 5.0: Section 6.0: Section 7.0: Attachments: System Description Basis of Design Sequence of Operations and Interactions Systems and Equipment Capacities Testing Operation and Maintenance Manuals Record Drawings and Control Documents Envelope Compliance: Prescriptive Method Building Fabric U & R Value Calculations Page 1 of 6 o. Section 1.0: System Description The new building consists of a core area, which shall be used for retail, grooming area and stock area. The building has a total of 11,036 square foot gross floor area. The building is located in Climate zone 13a. The grooming area will be provided with heating and air conditioning as well as the retail space and stock area. The entire building will be provided with required ventilation. Required outdoor air ventilation is based on BOCA 1993 Mechanical Code for specialty store space. The building system was designed for five zones. Each zone has its own unit, which provide both cooling and heating for designated area. The units tagged as RTU -1 B thru RTU -5B are roof mounted, provided from Lennox company. All units are provided with factory -installed economizer. In addition, the unit RTU -1 B which serves the vestibule and entrance area, is provided with a humidifier. The air distribution system will be a constant air volume system. Medium pressure supply ducts will be used between air handling unit discharge and the terminal units. Edwards e e Page 2 of 6 0 3 Section 2.0: Basis of Design The following represents the data used to calculate the capacities and parameters for the building components. 2.1. HVAC 2.1.1. Interior Temperature Set points. ➢ 70° F. (adj.) heating during occupied hours. ➢ 60° F. (adj.) heating during unoccupied hours. ➢ 75° F. (adj.) cooling during occupied hours. ➢ 75° F. (adj.) cooling during unoccupied hours. 2.1.2. Exterior temperature Set Points. ➢ 7° F. Winter - ➢ 87° F. db & 74°F. wb Summer. 2.1.3. Occupancy. ➢ Retail area: 9,467 sqft — 316 people. ➢ General Stock area: 744 sqft — 3 people. ➢ Grooming area: 825 sgft — 28 people. ➢ Total from above = 11,036 sqft - 347 people. 2.1.4. Envelope. ➢ 5591 square foot gross wall area. ➢ 10'-0" floor to ceiling height. ➢ 1054 square foot gross glazing area. ➢ 11,036 square foot gross roof area. ➢ Wall Construction - See attachment. ➢ Windows will be fixed metal frame with thermal break, double pane with low -e tint. Manufacturers stated U value is 0.6Q3 ➢ Roof con truction is steel framed metal deck with insulation and membrane roofing for a �."otal U alue of 0.06. A"'�Ke/[may Page 3 of 6 ➢ The floor will be insulated to a minimum R value of R-8. 2.1.5. Ventilation. A minimum of 0.30 CFM per square foot of fresh air ventilation will be provided in the retail area. 20 CFM per person of fresh air ventilation in the stock area and 1 CFM per square foot of fresh air ventilation in the grooming area. Section 3.0: Sequence of Operations. 3.1 HVAC. Packaged rooftop units will maintain internal temperature conditions. Each unit will be individually operated to control set points and strategies -to achieve maximum efficiency. Complete installation of the controls system will be provide by the client. Section 4.0: Systems and Equipment Capacities. 4.1. HVAC. There will be a total of five rooftop units, serving five zones of the building. Each unit will be equipped with a natural gas fired burner, heat exchanger, direct expansion electric cooling system, compressors, condensers, fan and filtration system. The unit capacities are listed below: Edwards =°/(el Page 4 of 6 Unit Area Served Quantity Cooling Heating Supply Air Outdoor Air Ref (Tons) (MBH) (CFM) (CFM) Sales and RTU -1A 1 4 100 1450 0 Entrance area RTU -26 Sales area 1 10 192 3600 950 Sales and RTU -3B Grooming 1 10 192 3600 950 area Sales and RTU -46 1 10 192 3600 950 Stock area RTU -513 Sales area 1 10 192 3600 950 Section 5.0: Testing The General Contractor and any required specialist contractor will perform the following tests and inspections to complete the work. The client and/or his representative may elect to witness any or all parts of the testing and inspection process. 5.1. HVAC. ➢ Inspection of all equipment for physical damage. ➢ Inspection of all equipment for unusual noise or vibration. ➢ Inspection of the seals on all HVAC equipment for leaks. ➢ HVAC systems will be balanced to the listed values. All duct branches, grilles, diffusers and registers will be balanced using the volume control dampers. ➢ All systems will be verified as functioning within design parameters and as the contract documents. ➢ A balancing report will be provided. indicating airflow rates at all duct branches and from all diffuse s, grilles and registers. Edwards -�Kelcey Page 5 of 6 Section 6.0: Operation and Maintenance Manuals. When the building works are complete and ready for occupancy, the General Contractor will provide the following items before the review and final testing begins. 6.1 HVAC Two complete sets of Operating and Maintenance manuals, one set to be kept on site, the other to be issued to the Client. A duplicate copy of the operating instructions, controls, mechanical and electrical layout drawings of each equipment room will be stored in a cabinet within that space. The manuals will include manufacturers literature and cover the operation and maintenance of the following: ➢ Facility management system. ➢ Packaged HVAC units. ➢ All items of equipment mechanical equipment. ➢ Record drawings. Section 7.0: Record Drawings and Control Documents. When the building works are complete and ready for occupancy, the General Contractor will provide the following items before the review and final testing begins. ➢ Full size set of Record Drawings for the HVAC to be kept with the operation and maintenance manuals. ➢ A further set, scaled to fit on legal size paper. ➢ Copy of the final testing and balancing report. Edwards ^"/fel Page 6 of 6 Permit # Permit Date COMcheck Software Version 3.2.1 Envelope Compliance Certificate A/" Massachusetts Commercial Code Report Date: 05/15/06 Data filename: C:\Program Files\Check\COMcheck\Tenant Building North Andover.cck Section 1: Project Information Project Title: Walgreens Store North Andover Construction Site: Owner/Agent: Waverly & Route 114 Walgreens North Andover, MA Facilities Planning, Design & Engineering 200 Wilmot Road Deerfield, IL 60015 Section 2: General Information Building Location (for weather data): North Andover, Massachusetts Climate Zone: 13a Heating Degree Days (base 65 degrees F): 5641 Cooling Degree Days (base 65 degrees F): 678 Project Type: New Construction Vertical Glazing / Wall Area Pct.: 97% Building I= Floor Area Retail 11036 Section 3: Requirements Checklist Designer/Contractor: Edwards and Kelcey 343 Congress Street Boston, MA 02210 Envelope I?45SES:"I3esignl4% better than title. MIME=..... tee, Climate -Specific Requirements: Component Name/Description Roof 1: Other N Exterior Wall: Other,4" brick, 2.5"-6"air space,8" concrete, 1.5" polistyrene insulation,5/8" gypsum board, HC 1.0 Window 1: Other,Metal Frame with thermal Break, Double Pane with LOW -E Tinted, Clear, SHGC 0.58 E Exterior Wall: Other, HC 1.0 Window 4: Other,see win 1, Clear, SHGC 0.58 S -E Exterior Wall 5: Other, HC 1.0 S Exterior Wall 4: Other, HC 1.0 Door 1: Solid S -W Exterior Wall 5: Other, HC 1.0 W Exterior Wall 6: Other, HC 1.0 Floor 1: Slab-On-Grade:Un heated, Depth 4 ft. Gross Area Cavity Cont. Proposed Budget or R -Value R -Value U -Factor U -Factor Perimeter 11036 -- --- 0.060 0.060 1291 --- --- 0.081 0.091 590 --- --- 0.603 0.603 1094 -- -- 0.081 0.091 464 -- --- 0.603 0.603 494 --- --- 0.081 0.091 1579 --- --- 0.081 0.091 74 -- --- 0.143 0.143 266 --- -- 0.081 0.091 1381 --- --- 0.081 0.091 382 --- 8.0 --- --- (a) Budget U -factors are used for software baseline calculations ONLY, and are not code requirements. Walgreens Store North Andover Page 1 of 2 (b) Certain building use types require continuous under -slab insulation (see Massachusetts Code Section 1304.2.7 and 1304.2.8) Air Leakage, Component Certification, and Vapor Retarder Requirements: ❑ 1. All joints and penetrations are caulked, gasketed, weather-stripped, or otherwise sealed. ❑ 2. Windows, doors, and skylights certified as meeting leakage requirements. ❑ 3. Component R -values & U -factors labeled as certified. _ . ❑ 4. Insulation installed according to manufacturer's instructions, in substantial contact with the surface being insulated, and in a manner that achieves the rated R -value without compressing the insulation. ❑ 5. Vapor retarder installed. Section 4: Compliance Statement Compliance Statement: The proposed envelope design represented in this document is consistent with the building plans, specifications and other calculations submitted with this permit application. The proposed envelope system has been designed to meet the Massachusetts Commercial Code requirements in COMcheck Version 3.2.1 and to comply with the mandatory requirements in the Requirements Checklist. Principal Envelope Designer -Name Signature Date Walgreens Store North Andover Page 2 of 2 Wall Constructions Walgreens -North Andover MA Comcheck 05/15/2006 Edwards and Kelcev 08:17AM wall Wall Details Outside Surface Color ...__ .__ ._............. ..._ Medium Absorptivity.._._.___.--- ............... _ .. ..... ................... 0.675 Overall U -Value ............... ...... ..... __.._ _................ ... 0.081 BTU/(hr-ft2-°F) Wall Lavers Details (Inside to Outside) Layers Thickness in Density. Ib/ft' Specific Ht. R -Value BTU / (lb - °F) (hr -ft' °F)/BTU Weight Ib/ft2 Inside surface resistance 0.000 0.0 0.00 0.68500 0.0 5/8 -in gypsum board 0.625 50.0 0.26 0.56004 2.6 6 mil.vapor barrier 0.000 0.0 0.00 0.10000 0.0 polystyrene rigid insulation 1.500 2.0 0.22 5.00000 0.3 8 -in LW concrete 8.000 29.0 0.20 4.44000 19.3 inside air space 2.500 0.0 - 0.00 0.87000 0.0 4 -in face brick 4.000 125.0 0.22 0.43290 41.7 Outside surface resistahce 0.000 0.0 0.00 0.25000 0.0 Totals 16.625' - 12.337941 63.9 Hourly Analysis Program v.4.2 Page 1 of 1 Roof Constructions Walgreens -North Andover MA Comcheck 05/15/2006 Edwards and Kelcey 08:17AM ROOF Roof Details Outside Surface Color ........... ........ Dark Absorptivity............ ................... _ _.............. ............ .._ 0.900 Overall U -Value - ...................... . 0.060 BTU/(hr-ft2-°F) Roof Lavers Details (inside to Outside) Layers Thickness in Density Ib/ft' Specific Ht. R -Value BTU / (lb - °F) (hr -ft?? `F)/BTU Weight Ib/ft2 Inside surface resistance 0.000 0.0 0.00 0.68500 0.0 Steel deck 0.034 489.0 0.12 0.00011 1.4 R-14 board insulation 2.000 2.0 _ 0.22 13.88889 0.3 Built-up roofing 0.5001 70.01 0.351 1.750001 2.9 Outside surface resistance 0.0001 0.01 0.001 0.333001 0.0 Totals 1 2.534 -1 1 16.657001 4.6 Hourly Analysis Program v.4.2 Page 1 of 1 Wall Constructions Walgreens -North Andover MA Comcheck 05/15/200E Edwards and Kelcey 08:25AIy display case+window Wall Details Outside Surface Color.._......_. _. Dark Absorptivity... ....___................ ..._....0.900 Overall U -Value ._...... _.....__....._.......... .._..._ _.._.. 0.122 BTU/(hr-ft2-°F) -j )*-A-Or- W In : 0.63 = 0.+5 Z Wall Lavers Details (Inside to Outside) Layers Thickness in Density ib/ft' Specific Ht. R -Value BTU / (lb - °F) (hr-ft2 °F)/BTU Weight lblft2 Inside surface resistance 0.000 0.0 0.00 0.68500 0.0 5/8 -in gypsum board 0.625 50.0 0.26 0.56004 2.6 rigid insulation 1.5001 2.0 0.22 5.07000 0.3 Air space 12.000 0.0 - 0.00 0.91000 0.0 1/2 -in plywood 0.500 34.0 0.29 0.62189 1.4 Outside surface resistance 0.000 0.0 0.00 0.33300 0.0 Totals 14.625 8.17993 4.3 Hourly Analysis Program v.4.2 Page 1 of 1 Edwards .Ifere y 343 Congress Street ENGINEERS Boston, Massachusetts 02210 ARCHITECTS Voice 617.242.9222 PLANNERS Fax 617.242.9824 CONSTRUCTORS www.ekcorp.com Document Title: Narrative Report State Code: Massachusetts State Building Code (780 CMR) Compliance with: Section 1301.8.4.1 Client: Rice North Andover L.L.C. (Mark Investments) Project Description: Walgreens Store #10209 Location: North Andover Massachusetts Designers of Record: Edwards and Kelcey Date of Submittal: May 15th, 2006 Contents: Section 1.0: Section 2.0: Section 3.0: Section 4.0: Section 5.0: Section 6.0: Section 7.0: Attachments: System Description Basis of Design Sequence of Operations and Interactions Systems and Equipment Capacities Testing Operation and Maintenance Manuals Record Drawings and Control Documents Envelope Compliance: Prescriptive Method Building Fabric U & R Value Calculations Page 1 of 7 Section 1.0: System Description The new building consists of a core area, which shall be used for retail, administration area, and stock area. The building has a total of 13,971 square foot gross floor area. The building is located in Climate Zone 13a. The operational hours will be from 8:00 a.m. to 10:00 p.m., seven days a week. The HVAC systems will operate continuously during occupied hours and night set back during unoccupied periods. The administration area will be provided with heating and air conditioning as well as the retail space and stock area. The entire building will be provided with required ventilation. Required outdoor air ventilation is based on BOCA 1993 Mechanical Code for specialty store space. The building system was designed for six zones. Each zone has its own unit, which provides both cooling and heating for designated area. The units tagged as RTU -1 thru RTU -6 are roof mounted, provided from Carrier Corporation and have an EER 10 or higher. All units are provided with a factory -installed economizer except unit RTU -3, which has an energy recycler. In addition, the unit RTU -1, which serves the vestibule and entrance area, is provided with an humidifier. Also, the vestibule area is served by an electric heater, EH -1, which will provide additional heating. The air distribution system will be a constant air volume system. Medium pressure supply ducts will be used between the air handling unit discharge and the terminal units. The units will be 100% recirculation except for the third unit, which uses an energy recycler. The rooftop unit with an energy recycler, RTU -3, will serve the Office, Electrical Room, Employee Room, Restrooms, adjacent corridors and partial sales area. The exhaust air for Bathrooms, Janitor's Closet, Employee Room and Electrical Room will be directed thru the same unit. An independently controlled air curtain heater will be provided for the receiving area. The Heating and Cooling for the entire building will be controlled by a package temperature control panel located in the office area. The control system shall include temperature sensors for the Sales area and thermostats for all spaces. 59% Ew A=D/�E�lCeL, Page 2 of 7 Electric wall heaters are provided for all rooms that face an exterior wall except electrical room. Operating and Maintenance manuals will be provided upon completion of the project. A copy of the .Operating instructions, controls, mechanical and electrical layout drawings for ach equipment room will be provided for storage in a cabinet within that space. The Designer of record will certify that the systems have been installed in accordance with the approved construction documents and conform with section 1301.8.4.1 of the Massachusetts State Building Code (780 CMR). Section 2.0: Basis of Design The following represents the data used to calculate the capacities and parameters for the building components. 2.1. HVAC 2.1.1. Interior Temperature Set points. a. Sales Area Conditioned Spaces: ➢ 70° F. (adjustable) heating during occupied hours. ➢ 60° F. (adjustable) heating during unoccupied hours. ➢ 76° F. (adjustable) cooling during occupied hours. ➢ 76° F. (adjustable) cooling during unoccupied hours. b. Pharmacy & Patient Seating Area Conditioned Spaces: ➢ 70° F. (adjustable) heating during occupied hours. ➢ 60° F. (adjustable) heating during unoccupied hours. ➢ 72° F. (adjustable) cooling during occupied hours. ➢ 76° F. (adjustable) cooling during unoccupied hours c. General Stock Area Conditioned Spaces: ➢ 70° F. (adjustable) heating during occupied hours. ➢ 60° F. ( 'ustable) heating during unoccupied hours. Ed a A^'"Ke (adjustable) cooling during occupied hours. Page 3 of 7 1 ➢ 80° F. (adjustable) cooling during unoccupied hours d. 1 Hour Photo Conditioned Spaces: ➢ 70° F. (adjustable) heating during occupied hours. ➢ 60° F. (adjustable) heating during unoccupied hours. ➢ 76° F. (adjustable) cooling during occupied hours. ➢ 76° F. (adjustable) cooling during unoccupied hours 2.1.2. Exterior temperature Set Points. ➢ 7° F. Winter ➢ 87° F. db & 74°F. wb Summer. 2.1.3. Occupancy. ➢ Sales area: 9761 sq ft — 78 people. ➢ General Stock area: 1251 sq ft — 3 people. ➢ Office area: 193 sq ft — 4 people. ➢ 1 Hour Photo area: 323 sq ft — 3 people. ➢ Other 1273 sq ft - 17 people. ♦ Pharmacy ♦ Patients eating area ♦ Training area ➢ Total From Above 12,801 sq ft - 105 people. 2.1.4. Envelope. ➢ 8047 square foot gross wall area. ➢ 13'-0" floor to ceiling height in sales areas. ➢ 9'-0" floor to ceiling height in employee room, office, training and 1 hour photo areas. ➢ 19'-0" floor to top of roof peak in electrical room and stock room areas. ➢ 10'-0" floor to ceiling height in electrical pharmacy patient seating areas. ➢ 412 square foot gross glazing area. ➢ 13,971 uare foot gross roof area. �alwa�ds �Dmo�V Construction - See attachment. Page 4 of 7 ➢ Windows will be fixed metal frame with thermal break, double pane with low -e tint. Manufacturers stated U value is 0.603 ➢ Roof construction is steel framed metal deck with insulation and membrane roofing for a total U value of 0.06 ➢ The floor will be insulated to a minimum our value of R-8 2.1.5. Ventilation. A minimum of 15 CFM per person of fresh air ventilation will be provided in the sales area, office, employee room, pharmacy, patient seating area, and the training area. A minimum of 0.15 CFM per square foot of fresh air ventilation will be provided for general stock area and 0.5 CFM per square foot of fresh air ventilation for 1 Hour Photo. Section 3.0: Sequence of Operations. 3.1 HVAC. Packaged rooftop units will maintain internal temperature conditions. Each unit will be controlled by the temperature control device (EMS) using room -mounted sensors and operated to building occupancy schedules. Each unit will be individually operated to control set points and strategies to achieve maximum efficiency. Complete installation of the controls system will be provide by the client. Section 4.0: Systems and Equipment Capacities. 4.1. HVAC. There will be a total of six rooftop units, serving six zones of the building. Each unit will be equipped with a natural gas fired burner, heat exchanger, direct expansion electric cooling system, compressors, condensers, fan and filtration system. The unit capacities are listed below: Edwards ANO�e��y Page 5 of 7 Unit Area Served Quantity Cooling Heating Supply Air Outdoor Air Ref (Tons) (MBH) (CFM) (CFM) Sales and RTU -1 1 6 59 2400 0 Entrance area RTU -2 Sales area 1 7.5 102 3000 200 Sales and RTU -3 administration 1 11.8 102 3500 1075 area Pharmacy Pharmacy and RTU -4 5 59 2000 255 training area Receiving RTU -5 1 3 59 1200 188 area RTU -6 Photo area 1 3 59 1200 162 Section 5.0: Testing The General Contractor and any required specialist contractor will perform the following tests and inspections to complete the work. The client and/or his representative may elect to witness any or all parts of the testing and inspection process. 5.1. HVAC. ➢ Inspection of all equipment for physical damage. ➢ Inspection of all equipment for unusual noise or vibration. ➢ Inspection of the seals on all HVAC equipment for leaks. ➢ HVAC systems will be balanced to the listed values. All duct branches, grilles, diffusers and registers will be balanced using the volume control dampers. ➢ All systems will be verified as functioning within design parameters and as the contract documents. ➢ A balancing report will be provided indicating airflow rates at all duct branches and from &tnal11 di ers, grilles and registers. °/(el Page 6 of 7 Section 6.0: Operation and Maintenance Manuals. When the building works are complete and ready for occupancy, the General Contractor will provide the following items before the review and final testing begins. 6.1 HVAC Two complete sets of Operating and Maintenance manuals, one set to be kept on site, the other to be issued to the Client. A duplicate copy of the operating instructions, controls, mechanical and electrical layout drawings of each equipment room will be stored in a cabinet within that space. The manuals will include manufacturer's literature and cover the operation and maintenance of the following: ➢ Facility management system. ➢ Packaged HVAC units. ➢ All items of equipment mechanical equipment. ➢ Record drawings. Section 7.0: Record Drawings and Control Documents. When the building works are complete and ready for occupancy, the General Contractor will provide the following items before the review and final testing begins. ➢ Full size set of Record Drawings for the HVAC to be kept with the operation and maintenance manuals. ➢ A further set, scaled to fit on legal size paper. ➢ Copy of the final testing and balancing report. Edwards =�iref Page 7 of 7 Permit # Permit Date Massachusetts Commercial Code Report Date: 05/15/06 Data filename: C:\Program Files\Check\COMcheck\Walgreens North Andover.cck Section 1: Project Information Project Title: Walgreens Store North Andover Construction Site: Owner/Agent: Waverly & Route 114 Walgreens North Andover, MA Facilities Planning, Design & Engineering 200 Wilmot Road Deerfield, IL 60015 Section 2: General Information Building Location (for weather data): North Andover, Massachusetts Climate Zone: 13a Heating Degree Days (base 65 degrees F): 5641 Cooling Degree Days (base 65 degrees F): 678 Project Type: New Construction Vertical Glazing / Wall Area Pct.: 11% Building Type Retail Floor Area 13971 Section 3: Requirements Checklist Climate -Specific Requirements: Component Name/Description Roof 1: Other N -E Exterior Wall: Other,4" brick,2.5"-6"air space,8" concrete, 1.5" polistyrene insulation, 5/8" gypsum board, HC 1.0 Window 1: Other,Metal Frame with thermal Break, Double Pane with LOW -E Tinted, Clear, SHGC 0.58 Window 2: Other, Metal Frame with Thermal Break, Double pane with Low -E tinted with Display Case, Clear, SHGC 0.58 N Wall: Other, HC 1.0 Window 3: Other, see win 1, Clear, SHGC 0.58 N -W Exterior Wall: Other, HC 1.0 Window 4: Other,see win 1, Clear, SHGC 0.58 Window 5: Other, see win 2, Clear, SHGC 0.52 - S -E Exterior Wall: Other, HC 1.0 S Exterior Wall 4: Other, HC 1.0 Door 3: Solid Designer/Contractor: Edwards and Kelcey 343 Congress Street Boston, MA 02210 Gross Area Cavity Cont. Proposed Budget or R -Value R -Value U -Factor U -Factor Perimeter 13971 -- --- 0.060 0.060 1447 --- --- 0.081 0.091 164 --- --- 0.603 0.603 164 --- — 0.752 0.603 311 --- --- 0.081 0.091 40 --- --- 0.603 0.603 2016 --- --- 0.081 0.091 123 — --- 0.603 0.603 123 --- --- 0.075 0.603 1906 --- --- 0.081 0.143 293 --- --- 0.081 0.091 83 --- 0.143 0.143 Walgreens Store North Andover Page 1 of 2 S -W Exterior Wall 5: Other, HC 1.0 1960 --- --- 0.081 0.091 Window 6: Other, see win 1, Clear, SHGC 0.58 25 --- --- 0.603 0.603 Door 2: Solid 24 --- --- 0.410 0.143 Floor 1: Slab -On -Grade: Unheated, Depth 4 ft. 468 --- 8.0 --- --- (a) Budget U -factors are used for software baseline calculations ONLY, and are not code requirements. (b) Certain building use types require continuous under -slab insulation (see Massachusetts Code Section 1304.2.7 and 1304.2.8). Air Leakage, Component Certification, and Vapor Retarder Requirements: ❑ 1. All joints and penetrations are caulked, gasketed, weather-stripped, or otherwise sealed. ❑ 2. Windows, doors, and skylights certified as meeting leakage requirements. ❑ 3. Component R -values & U -factors labeled as certified. ❑ 4. Insulation installed according to manufacturer's instructions, in substantial contact with the surface being insulated, and in a manner that achieves the rated R -value without compressing the insulation. ❑ 5. Vapor retarder installed. Section 4: Compliance Statement Compliance Statement: The proposed envelope design represented in this document is consistent with the building plans, specifications and other calculations submitted with this permit application. The proposed envelope system has been designed to meet the Massachusetts Commercial Code requirements in COMcheck Version 3.2.1 and to comply with the mandatory requirements in the Requirements Checklist. Principal Envelope Designer -Name Signature - Date Walgreens Store North Andover Page 2 of 2 Wall Constructions Walgreens -North Andover MA Comcheck 05/15/2006 Edwards and Kelcey 08:17AM wall Wall Details Outside Surface Color__ _........ ................ Medium Absorptivity. ................................... .____....__.._.__-........_ 0.675 Overall U -Value ............._.._................_....__.... _ _...... 0.081 BTU/(hr-ftz-°F) Wall Layers Details (Inside to Outside) Layers Thickness in Density Ib/ft- Specific Ht. BTU / (lb - °F) (hr-ft'-°F)/BTU R -Value Weight Ib/ft' Inside surface resistance 0.000 0.0 0.00 0.68500 0.0 5/8 -in gypsum board 0.625 50.0 0.26 0.56004 2.6 6 mil.vapor barrier 0.000 0.0 0.00 0.10000 0.0 polystyrene rigid insulation 1.500 2.0 0.22 5.00000 0.3 8 -in LW concrete 8.000 29.0 0.20 4.44000 19.3 inside air space 2.500 0.0 0.00 0.87000 0.0 4 -in face brick 4.000 125.0 0.22 0.43290 41.7 Outside surface resistance 0.000 0.0 0.00 0.25000 0.0 Totals 16.6251 1 12.337941 63.9 Hourly Analysis Program v.4.2 Page 1 of 1 Roof Constructions Walgreens -North Andover MA Comcheck 05/15/2006 Edwards and Kelcey 08:17AM ROOF Roof Details Outside Surface Color ......... ..._._._.................... ._.._.__ Dark Absorptivity ...._ .................. ..___._.......... .............. ..__.._. 0.900 Overall U -Value .... ........ ........ ._..._..........--- 0.060 BTU/(hr-ft2-°F) Roof Lavers Details (Inside to Outside) Layers Thickness in Density . Ib1ft' Specific Ht. R -Value BTU / (lb - °F) '(hr-ft=--°F)/BTU Weight Ib/ft2 Inside surface resistance 0.000 0.0 0.00 0.68500 0.0 Steel deck 0.034 489.0 0.12 0.00011 1.4 R-14 board insulation 2.000 2.0 0.22 13.88889 0.3 Built-up roofing 1 0.5001 70.01 0.351 1.750001 2.9 Outside surface resistance 0.0001 0.01 0.001 0.333001 0.0 Totalsi 2.534 16.657001 4.6 Hourly Analysis Program v.4.2 Page 1 of 1 Wall Constructions Walgreens -North Andover MA Comcheck 05/15/2006 Edwards and Kelcey 08:25AM display case+window Wall Details Outside Surface Color __.._._._._....._..._..__.._......._._. . Dark Absorptivity.. ..... ......................... ........ ................ 0.900 Overall U -Value ............... .......... ............. __..... 0.122 Wall Lavers Details (Inside to Outside) BTU/(hr-ft2-°F) + J f4 c for win' Layers Thickness in Density Ib/ft' Specific Ht. R -Value BTU / (lb - °F) (hr-ft2-°F)BTU Weight Ib/ft2 Inside surface resistance 0.000 0.0 0.00 0.68500 0.0 5/8 -in gypsum board 0.625 50.0 0.26 0.56004 2.6 rigid insulation 1.500 2.0 0.22 5.07000 0.3 Air space 12.000 0.0 0.00 0.91000 0.0 1/2 -in plywood 0.500 34.0 0.29 0.62189 1.4 Outside surface resistance 0.000 0.0 0.00 0.33300 0.0 Totals 14.625 8.17993 4.3 Hourly Analysis Program v.4.2 Page 1 of 1 11 I i TT i -/fe%y ENGINEERS ARCHITECTS PLANNERS CONSTRUCTORS Document Title: State Code: Compliance with: Client: Project Description: Location: Designers of Record: Date of Submittal: Contents: 343 Congress Street Boston, Massachusetts 02210 Voice 617.242.9222 Fax 617.242.9824 www.ekcorp.com Narrative Report Massachusetts State Building Code (780 CMR) Section 1301.8.4.1 Rice North Andover L.L.C. (Mark Investments) Walgreens Store #10209 North Andover Massachusetts Edwards and Kelcey May 15th, 2006 - Section 1.0: Section 2.0: Section 3.0: Section 4.0: Section 5.0: Section 6.0: Section 7.0: Attachments: System Description Basis of Design Sequence of Operations and Interactions Systems and Equipment Capacities Testing Operation and Maintenance Manuals Record Drawings and Control Documents Envelope Compliance: Prescriptive Method Building Fabric U & R Value Calculations Page 1 of 7 Section 1.0: System Description The new building consists of a core area, which shall be used for retail, administration area, and stock area. The building has a total of 13,971 square foot gross floor area. The building is located in Climate Zone 13a. The operational hours will be from 8:00 a.m. to 10:00 p.m., seven days a week. The HVAC systems will operate continuously during occupied hours and night set back during unoccupied periods. The administration area will be provided with heating and air conditioning as well as the retail space and stock area. The entire building will be provided with required ventilation. Required outdoor air ventilation is based on BOCA 1993 Mechanical Code for specialty store space. The building system was designed for six zones. Each zone has its own unit, which provides both cooling and heating for designated area. The units tagged as RTU -1 thru RTU -6 are roof mounted, provided from Carrier Corporation and have an EER 10 or higher. All units are provided with a factory -installed economizer except unit RTU -3, which has an energy recycler. In addition, the unit RTU -1, which serves the vestibule and entrance area, is provided with an humidifier. Also, the vestibule area is served by an electric heater, EH -1, which will provide additional heating. The air distribution system will be a constant air volume system. Medium pressure supply ducts will be used between the air handling unit discharge and the terminal units. The units will be 100% recirculation except for the third unit, which uses an energy recycler. The rooftop unit with an energy recycler, RTU -3, will serve the Office, Electrical Room, Employee Room, Restrooms, adjacent corridors and partial sales area. The exhaust air for Bathrooms, Janitor's Closet, Employee Room and Electrical Room will be directed thru the same unit. An independently controlled air curtain heater will be provided for the receiving area. The Heating and Cooling for the entire building will be controlled by a package temperature control panel located in the office area. The control system shall include temperature sensors for the Sales area and thermostats for all spaces. Edwards A"o/(e%y Page 2 of 7 n Electric wall heaters are provided for all rooms that face an exterior wall except electrical room. Operating and Maintenance manuals will be provided upon completion of the project. A copy of the Operating instructions, controls, mechanical and electrical layout drawings for ach equipment room will be provided for storage in a cabinet within that space. The Designer of record will certify that the systems have been installed in accordance with the approved construction documents and conform with section 1301.8.4.1 of the Massachusetts State Building Code (780 CMR). Section 2.0: Basis of Design The following represents the data used to calculate the capacities and parameters for the building components. 2.1. HVAC 2.1.1. Interior Temperature Set points. a. Sales Area Conditioned Spaces: ➢ 70° F. (adjustable) heating during occupied hours. ➢ 60° F. (adjustable) heating during unoccupied hours. ➢ 76° F. (adjustable) cooling during occupied hours. ➢ 76° F. (adjustable) cooling during unoccupied hours. b. Pharmacy & Patient Seating Area Conditioned Spaces: ➢ 70° F. (adjustable) heating during occupied hours. ➢ 60° F. (adjustable) heating during unoccupied hours. ➢ 72° F. (adjustable) cooling during occupied hours. ➢ 76° F. (adjustable) cooling during unoccupied hours c. General Stock Area Conditioned Spaces: ➢ 70° F. (adjustable) heating during occupied hours. • ➢ 60° F.( ustable) heating during unoccupied hours. Ed (adjustable) cooling during occupied hours. A"o/(e cey Page 3 of 7 I ➢ 80° F. (adjustable) cooling during unoccupied hours d. 1 Hour Photo Conditioned Spaces: ➢ 70° F. (adjustable) heating during occupied hours. ➢ 60° F. (adjustable) heating during unoccupied hours. ➢ 76° F. (adjustable) cooling during occupied hours. ➢ 76° F. (adjustable) cooling during unoccupied hours 2.1.2. Exterior temperature Set Points. ➢ 7° F. Winter ➢ 87° F. db & 74°F. wb Summer. 2.1.3. Occupancy. ➢ Sales area: 9761 sq ft — 78 people. ➢ General Stock area: 1251 sq ft — 3 people. ➢ Office area: 193 sq ft — 4 people. ➢ 1 Hour Photo area: 323 sq ft — 3 people. ➢ Other 1273 sq ft - 17 people. ♦ Pharmacy ♦ Patients eating area ♦ Training area ➢ Total From Above 12,801 sq ft - 105 people. 2.1.4. Envelope. ➢ 8047 square foot gross wall area. ➢ 13'-0" floor to ceiling height in sales areas. ➢ 9'-0" floor to ceiling height in employee room, office, training and 1 hour photo areas. ➢ 19'-0" floor to top of roof peak in electrical room and stock room areas. ➢ 10'-0" floor to ceiling height in electrical pharmacy patient seating areas. ➢ 412 square foot gross glazing area. ➢ 13,971 uare foot gross roof area. Edwards 1,9K $I Construction - See attachment. Page 4 of 7 ➢ Windows will be fixed metal frame with thermal break, double pane with low -e tint. Manufacturers stated U value is 0.603 ➢ Roof construction is steel framed metal deck with insulation and membrane roofing for a total U value of 0.06 ➢ The floor will be insulated to a minimum our value of R-8 2.1.5. Ventilation. A minimum of 15 CFM per person of fresh air ventilation will be provided in the sales area, office, employee room, pharmacy, patient seating area, and the training area. A minimum of 0.15 CFM per square foot of fresh air ventilation will be provided for general stock area and 0.5 CFM per square foot of fresh air ventilation for 1 Hour Photo. Section 3.0: Sequence of Operations. 3.1 HVAC. Packaged rooftop units will maintain internal temperature conditions. Each unit will be controlled by the temperature control device (EMS) using room -mounted sensors and operated to building occupancy schedules. Each unit will be individually operated to control set points and strategies to achieve maximum efficiency. Complete installation of the controls system will be provide by the client. Section 4.0: Systems and Equipment Capacities. 4.1. HVAC. There will be a total of six rooftop units, serving six zones of the building. Each unit will be equipped with a natural gas fired burner, heat exchanger, direct expansion electric cooling system, compressors, condensers, fan and filtration system. The unit capacities are listed below: Edwards Page 5 of 7 Unit Area Served Quantity Cooling Heating Supply Air Outdoor Air Ref I(Tons) (MBH) (CFM) (CFM) Sales and RTU -1 1 6 59 2400 0 Entrance area RTU -2 Sales area 1 7.5 102 3000 200 Sales and _.. . RTU -3 administration 1 11.8 102 3500 1075 area Pharmacy and Pharmacy RTU -4 5 59 2000 255 training area Receiving RTU -5 1 3 59 1200 188 area RTU -6 Photo area 1 3 59 1200 162 Section 5.0: Testing The General Contractor and any required specialist contractor will perform the following tests and inspections to complete the work. The client and/or his representative may elect to witness any or all parts of the testing and inspection process. 5.1. HVAC. ➢ Inspection of all equipment for physical damage. ➢ Inspection of all equipment for unusual noise or vibration. ➢ Inspection of the seals on all HVAC equipment for leaks. ➢ HVAC systems will be balanced to the listed values. All duct branches, grilles, diffusers and registers will be balanced using the volume control dampers. ➢ All systems will be verified as functioning within design parameters and as the contract documents. ➢ A balancing report will be provided indicating airflow rates at all duct branches and from �omnA1 di sers, grilles and registers. e%y Page 6 of 7 I Section 6.0: Operation and Maintenance Manuals. When the building works are complete and ready for occupancy, the General Contractor will provide the following items before the review and final testing begins. 6.1 HVAC Two complete sets of Operating and Maintenance manuals, one set to be kept on site, the other to be issued to the Client. A duplicate copy of_the operating instructions, controls, mechanical and electrical layout drawings of each equipment room will be stored in a cabinet within that space. The manuals will include manufacturer's literature and cover the operation and maintenance of the following: ➢ Facility management system. ➢ Packaged HVAC units. ➢ All items of equipment mechanical equipment. ➢ Record drawings. Section 7.0: Record Drawings and Control Documents. When the building works are complete and ready for occupancy, the General Contractor will provide the following items before the review and final testing begins. ➢ Full size set of Record Drawings for the HVAC to be kept with the operation and maintenance manuals. ➢ A further set, scaled to fit on legal size paper. ➢ Copy of the final testing and balancing report. Edwanis wo/(e%y Page 7 of 7 I _ Permit # Permit Date COMcheck Software Version 3.2.1 Envelope Compliance Certificate Massachusetts Commercial Code Report Date: 05/15/06 Data filename: C:\Program Files\Check\COMcheck\Walgreens North Andover.cck Section 1: Project Information Project Title: Walgreens Store North Andover Construction Site: Owner/Agent: Waverly & Route 114 Walgreens North Andover, MA Facilities Planning, Design & Engineering 200 Wilmot Road Deerfield, IL 60015 Section 2: General Information Building Location (for weather data): North Andover, Massachusetts Climate Zone: 13a Heating Degree Days (base 65 degrees F): 5641 Cooling Degree Days (base 65 degrees F): 678 Project Type: New Construction Vertical Glazing / Wall Area Pct.: 11% Building Tyne Floor Area Retail 13971 Section 3: Requirements Checklist Designer/Contractor: Edwards and Kelcey 343 Congress Street Boston, MA 02210 ,Envelope,PASSES�=Desgn°22%,better#han;code Climate -Specific Requirements: Component Name/Description Roof 1: Other WE Exterior Wall: Other,4" brick,2.5"-6"air space,8" concrete, 1-5" polistyrene insulation,5/8" gypsum board, HC 1.0 Window 1: Other,Metal Frame with thermal Break, Double Pane with LOW -E Tinted, Clear, SHGC 0.58 Window 2: Other, Metal Frame with Thermal Break, Double pane with Low -E tinted with Display Case, Clear, SHGC 0.58 N Wall: Other, HC 1.0 Window 3: Other, see win 1, Clear, SHGC 0.58 N -W Exterior Wall: Other, HC 1.0 Window 4: Other,see win 1, Clear, SHGC 0.58 Window 5: Other, see win 2, Clear, SHGC 0.52 S -E Exterior Wall: Other, HC 1.0 S Exterior Wall 4: Other, HC 1.0 Door 3: Solid Walgreens Store North Andover Gross Area Cavity Cont. Proposed Budget or R -Value R -Value U -Factor U -Factor Perimeter 13971 -- --- 0.060 0.060 1447 --- -- 0.081 0.091 164 --- — 0.603 0.603 164 -- --- 0.752 0.603 311 --- -- 0.081 0.091 40 --- -- 0.603 0.603 2016 -- --- 0.081 0.091 123 -- -- 0.603 0.603 123 -- --- 0.075 0.603 1906 --- --- 0.081 0.143 293 --- -- 0.081 0.091 83 --- --- 0.143 0.143 Page 1 of 2 S -W Exterior Wall 5: Other, HC 1.0 1960 --- --- 0.081 0.091 Window 6: Other, see win 1, Clear, SHGC 0.58 _ 25 — --- 0.603 0.603 Door 2: Solid 24 --- --- 0.410 0.143 Floor 1: Slab -On -Grade: Unheated, Depth 4 ft. 468 - 8.0 -- (a) Budget U -factors are used for software baseline calculations ONLY, and are not code requirements. (b) Certain building use types require continuous under -slab insulation (see Massachusetts Code Section 1304.2.7 and 1304.2.8). Air Leakage, Component Certification, and Vapor Retarder Requirements: ❑ 1. All joints and penetrations are caulked, gasketed, weather-stripped, or otherwise sealed. ❑ 2. Windows, doors, and skylights certified as meeting leakage requirements. ❑ 3. Component R -values & U -factors labeled as certified. ❑ 4. Insulation installed according to manufacturer's instructions, in substantial contact with the surface being insulated, and in a manner that achieves the rated R -value without compressing the insulation. ❑ 5. Vapor retarder installed. Section 4: Compliance Statement Compliance Statement: The proposed envelope design represented in this document is consistent with the building plans, specifications and other calculations submitted with this permit application. The proposed envelope system has been designed to meet the Massachusetts Commercial Code requirements in COMcheck Version 3.2.1 and to comply with the mandatory requirements in the Requirements Checklist. Principal Envelope Designer -Name Signature Date Walgreens Store North Andover Page 2 of 2 Wall Constructions Nalgreens-North Andover MA Comcheck 05/15/200( Edwards and Kelce 08:17AN wall Wall Details Outside Surface Color... ............. ...... ............_.. Medium Absorptivity.. ...... ..............._._...............:............... 0.675 Overall U -Value .........._......._........._..._.....__._...._.... 0.081 BTU/(hr-ft? °F) Wall L a alp Layers Thickness in Density Ib/ft' Specific Ht.' R -Value: -BTU I (lb - °F):::ft.;ft? °F)/BTU' Weight Ib/ft2 Inside surface resistance 0.000 0.0 0.00 0.68500 0.0 5/8 -in gypsum board 0.625 50.0 0.26 0.56004 2.6 6 mil.vapor barrier 0.000 0.0 0.00 0.10000 0.0 polystyrene rigid insulation 1.500 2.0 0.22 5.00000 0.3 8 -in LW concrete 8.000 29.0 0.20 4.44000 19.3 inside air space 2.500 0.0 0.00 0.87000 0.0 4 -in face brick 4.000 125.0 0.22 0.43290 41.7 Outside surface resistance 0.000 0.0 0.001 0.250001 0.0 Totals 1.6.051 - 1 12.33794:1 639 Hourly Analysis Program v.4.2 Page 1 of 1 Roof Constructions Walgreens -North Andover MA Comcheck 05/15/200E Edwards and Kelce 08:17Afv ROOF Roof Details Outside Surface Color .... ....._._...._.........._.......... .......... Dark Absorptivity........_..:......_..............._.._,._...._..............,....- 0.900 Overall U -Value .......... -............. ...... ._.........._................ 0.060 BTU/(hr-ft? °F) R — )Or La @UPJ UCl411J IIIDIV6 LV ---I Layers. in Density Ib1W Specific Ht. R -Value BTU / (Ib - °F) (hr-ft?'F)/BTU, Weight Iblft2 Inside surface resistance 0.000 0.0 0.00 0.68500 0.0 Steel deck 0.034 489.0 0.12 0.00011 1.4 R-14 board insulation 2.000 2.0 0.22 13.88889 0.3 Built-up roofing 0.500 70.01 0.35 1.75000 2.9 Outside surface resistance 0.000 0.01 0.00 0.33300 0.0 Totals: 2.534' .1 16;65700 4:6 Hourly Analysis Program v.4.2 Page 1 of 1 Wall Constructions Nalgreens-North Andover MA Comcheck 05/15/200( Edwards and Kelce 08:25AN display case+window Wall Details Outside Surface Color ....... ........ ..._.........._. _ ..._._... Dark Absorptivity _ -. ..0.900 , 0.452 Overall U -Value._ ............. ------- -_..... _._.................. .... 0.122 BTU/(hr-ftp °F) + U 4chr Wi(1 Wall Layers:.in."' Thickness Density. IMP . ` Specific Ht. R. -Value BTU / (lb - °F) (hr4W- F)IBTU Weight Ib/ft' Inside surface resistance 0.000 0.0 0.00 0.68500 0.0 5/8 -in gypsum board 0.625 50.0 0.26 0.56004 2.6 rigid insulation 1.500 2.0 0.22 5.07000 0.3 Air space 12.000 0.0 0.00 0.91000 0.0 1/2 -in plywood 0.500 34.0 0.29 0.62189 1.4 Outside surface resistance 0.000 0.0 0.00 0.33300, 0.0 Totals 14.625' - 8.17993' 4:3 Hourly Analysis Program v.4.2 Page 1 of 1 V _4 IF g- f 7 s r i Ll AND ENGINEERS ARCHITECTS PLANNERS CONSTRUCTORS Document Title: I State Code: Compliance with: Client: Project Description: Location: Designers of Record: Date of Submittal: Contents: 343 Congress Street Boston, Massachusetts 02210 Voice 617.242.9222 Fax 617.242.9824 www.ekcorp.com Narrative Report Massachusetts State Building Code (780 CMR) Section 1301.8.4.1 Rice North Andover L.L.C. (Mark Investments) Walgreens Store #10209 North Andover Massachusetts Edwards and Kelcey May 15th, 2006 Section 1.0: Section 2.0: Section 3.0: Section 4.0: Section 5.0: Section 6.0: Section 7.0: Attachments: System Description Basis of Design Sequence of Operations and Interactions Systems and Equipment Capacities Testing Operation and Maintenance Manuals Record Drawings and Control Documents Envelope Compliance: Prescriptive Method Building Fabric U & R Value Calculations Page 1 of 7 Section 1.0: System Description The new building consists of a core area, which shall be used for retail, administration area, and stock area. The building has a total of 13,971 square foof.gross floor area. The building is located in Climate Zone 13a. The operational hours will be from 8:00 a.m. to 10:00 p.m., seven days a week. The HVAC systems will operate continuously during occupied hours and night set back during unoccupied periods. The administration area will be provided with heating and air conditioning as well as the retail space and stock area. The entire building will be provided with required ventilation. Required outdoor air ventilation is based on BOCA 1993 Mechanical Code for specialty store space. The building system was designed for six zones. Each zone has its own unit, which provides both cooling and heating for designated area. The units tagged as RTU -1 thru RTU -6 are roof mounted, provided from Carrier Corporation and have an EER 10 or higher. All units are provided with a factory -installed economizer except unit RTU -3, which has an energy recycler. In addition, the unit RTU -1, which serves the vestibule and entrance area, is provided with an humidifier. Also, the vestibule area is served by an electric heater, EH -1, which will provide additional heating. The air distribution system will be a constant air volume system. Medium pressure supply ducts will be used between the air handling unit discharge and the terminal units. The units will be 100% recirculation except for the third unit, which uses an energy recycler. The rooftop unit with an energy recycler, RTU -3, will serve the Office, Electrical Room, Employee Room, Restrooms, adjacent corridors and partial sales area. The exhaust air for Bathrooms, Janitor's Closet, Employee Room and Electrical Room will be directed thru the same unit. An independently controlled air curtain heater will be provided for the receiving area. The Heating and Cooling for the entire building will be controlled by a package temperature control panel located in the office area. The control system shall include temperature sensors for the Sales area and thermostats for all spaces. Ed`rard�r Page 2 of 7 Electric wall heaters are provided for all rooms that face an exterior wall except electrical room. Operating and Maintenance manuals will be provided upon completion of the project. A copy of the Operating instructions, controls, mechanical and electrical layout drawings for ach equipment room will be provided for storage in a cabinet within that space. The Designer of record will certify that the systems have been installed in accordance with the approved construction documents and conform with section 1301.8.4.1 of the Massachusetts State Building Code (780 CMR). Section 2.0: Basis of Design The following represents the data used to calculate the capacities and parameters for the building components. 2.1. HVAC 2.1.1. Interior Temperature Set points. a. Sales Area Conditioned Spaces: ➢ 70° F. (adjustable) heating during occupied hours. ➢ 60° F. (adjustable) heating during unoccupied hours. ➢ 76° F. (adjustable) cooling during occupied hours. ➢ 76° F. (adjustable) cooling during unoccupied hours. b. Pharmacy & Patient Seating Area Conditioned Spaces: ➢ 70° F. (adjustable) heating during occupied hours. ➢ 60° F. (adjustable) heating during unoccupied hours. ➢ 72° F. (adjustable) cooling during occupied hours. ➢ 76° F. (adjustable) cooling during unoccupied hours c. General Stock Area Conditioned Spaces: ➢ 70° F. (adjustable) heating during occupied hours. ➢ 60° F. ( ustable) heating during unoccupied hours. dece ° . (adjustable) cooling during occupied hours. Page 3 of 7 0 0 ➢ 80° F. (adjustable) cooling during unoccupied hours d. 1 Hour Photo Conditioned Spaces: ➢ 70° F. (adjustable) heating during occupied hours. ➢ 60° F. (adjustable) heating during unoccupied hours. ➢ 76° F. (adjustable) cooling during occupied hours. ➢ 76° F. (adjustable) cooling during unoccupied hours 2.1.2. Exterior temperature Set Points. ➢ 7° F. Winter ➢ 87° F. db & 74°F. wb Summer. 2.1.3. Occupancy. ➢ Sales area: ➢ General Stock area ➢ Office area: ➢ 1 Hour Photo area: ➢ Other 9761 sq ft — 78 people. 1251 sq ft — 3 people. 193 sq ft — 4 people. 323 sq ft — 3 people. 1273 sq ft - 17 people. ♦ Pharmacy ♦ Patients eating area ♦ Training area ➢ Total From Above 12,801 sq ft - 105 people. 2.1.4. Envelope. ➢ 8047 square foot gross wall area. ➢ 13'-0" floor to ceiling height in sales areas. ➢ 9'-0" floor to ceiling height in employee room, office, training and 1 hour photo areas. ➢ 19'-0" floor to top of roof peak in electrical room and stock room areas. ➢ 10'-0" floor to ceiling height in electrical pharmacy patient seating areas. ➢ 412 square foot gross glazing area. ➢ 13,971 quare foot gross roof area. -W&Mrds °Ae e& Construction -See attachment. Page 4 of 7 ➢ Windows will be fixed metal frame with thermal break, double pane with low -e tint. Manufacturers stated U value is 0.603 ➢ Roof construction is steel framed metal deck with insulation and membrane roofing for a total U value of 0.06 ➢ The floor will be insulated to a minimum our value of R-8 2.1.5. Ventilation. A minimum of 15 CFM per person of fresh air ventilation will be provided in the sales area, office, employee room, pharmacy, patient seating area, and the training area. A minimum of 0.15 CFM per square foot of fresh air ventilation will be provided for general stock area and 0.5 CFM per square foot of fresh air ventilation for 1 Hour Photo. Section 3.0: Sequence of Operations. 3.1 HVAC. Packaged rooftop units will maintain internal temperature conditions. Each unit will be controlled by the temperature control device (EMS) using room -mounted sensors and operated to building occupancy schedules. Each unit will be individually operated to control set points and strategies to achieve maximum efficiency. Complete installation of the controls system will be provide by the client. Section 4.0: Systems and Equipment Capacities. 4.1. HVAC. There will be a total of six rooftop units, serving six zones of the building. Each unit will be equipped with a natural gas fired burner, heat exchanger, direct expansion electric cooling system, compressors, condensers, fan and filtration system. The unit capacities are listed below: Edwards ^"D'Kel Page 5 of 7 Unit Area Served Quantity Cooling Heating Supply Air Outdoor Air Ref (Tons) (MBH) (CFM) (CFM) Sales and RTU -1 1 6 59 2400 0 Entrance area RTU -2 Sales area 1 7.5 102 3000 200 Sales and RTU -3 administration 1 11.8 102 3500 1075 area _ Pharmacy and RTU -4 1 5 59 2000 255 training area Receiving RTU -5 1 3 59 1200 188 area RTU -6 Photo area 1 3 59 1200 162 Section 5.0: Testing The General Contractor and any required specialist contractor will perform the following tests and inspections to complete the work. The client and/or his representative may elect to witness any or all parts of the testing and inspection process. 5.1. HVAC. ➢ Inspection of all equipment for physical damage. ➢ Inspection of all equipment for unusual noise or vibration. ➢ Inspection of the seals on all HVAC equipment for leaks. ➢ HVAC systems will be balanced to the listed values. All duct branches, grilles, diffusers and registers will be balanced using the volume control dampers. ➢ All systems will be verified as functioning within design parameters and as the contract documents. ➢ A balancing report will be provided indicating airflow rates at all duct branches and from EdwardW di sers, grilles and registers. "�/(e e Page 6 of 7 Section 6.0: Operation and Maintenance Manuals. When the building works are complete and ready for occupancy, the General Contractor will provide the following items before the review and final testing begins. 6.1 HVAC Two complete sets of Operating and Maintenance manuals, one set to be kept on site, the other to be issued to the Client. A duplicate copy of the operating instructions, controls, mechanical and electrical layout drawings of each equipment room will be stored in a cabinet within that space. The manuals will include manufacturer's literature and cover the operation and maintenance of the following: ➢ Facility management system. ➢ Packaged HVAC units. ➢ All items of equipment mechanical equipment. ➢ Record drawings. Section 7.0: Record Drawings and Control Documents. When the building works are complete and ready for occupancy, the General Contractor will provide the following items before the review and final testing begins. ➢ Full size set of Record Drawings for the HVAC to be kept with the operation and maintenance manuals. ➢ A further set, scaled to fit on legal size paper. ➢ Copy of the final testing and balancing report. Edwards Page 7 of 7 Permit # Permit Date COMcheck Software Version 3.2.1 Envelope Compliance Certificate Massachusetts Commercial Code Report Date: 05/15/06 Data filename: C:\Program Files\Check\COMcheck\Walgreens North Andover.cck Section 1: Project Information Project Title: Walgreens Store North Andover Construction Site: Owner/Agent: Waverly & Route 114 Walgreens North Andover, MA Facilities Planning, Design & Engineering 200 Wilmot Road Deerfield. IL 60015 Section 2: General Information Building Location (for weather data): North Andover, Massachusetts Climate Zone: 13a Heating Degree Days (base 65 degrees F): 5641 Cooling Degree Days (base 65 degrees F): 678 Project Type: New Construction Vertical Glazing / Wall Area Pct.: 11% Building Tyne Retail Floor Area 13971 Section 3: Requirements Checklist Climate -Specific Requirements: Component Name/Description Roof 1: Other N -E Exterior Wall: Other,4" brick,2.5'-6"air space,8" concrete, 1.5" polistyrene insulation,5/8" gypsum board, HC 1.0 Window 1: Other,Metal Frame with thermal Break, Double Pane with LOW -E Tinted, Clear, SHGC 0.58 Window 2: Other, Metal Frame with Thermal Break, Double pane with Low -E tinted with Display Case, Clear, SHGC 0.58 N Wall: Other, HC 1.0 Window 3: Other, see win 1, Clear, SHGC 0.58 N -W Exterior Wall: Other, HC 1.0 Window 4: Other,see win 1, Clear, SHGC 0.58 Window 5: Other, see win 2, Clear, SHGC 0.52 S -E Exterior Wall: Other, HC 1.0 S Exterior Wall 4: Other, HC 1.0 Door 3: Solid - Designer/Contractor: Edwards and Kelcey 343 Congress Street Boston. MA 02210 Gross Area Cavity Cont. Proposed Budget or R -Value R -Value U -Factor U -Factor Perimeter 13971 --- --- 0.060 0.060 1447 --- --- 0.081 0.091 164 -- --- 0.603 0.603 164 -- --- 0.752 0.603 311 -- --- 0.081 0.091 40 - --- 0.603 0.603 2016 -- -- 0.081 0.091 123 -- --- 0.603 0.603 123 --- --- 0.075 0.603 1906 -- --- 0.081 0.143 293 - --- 0.081 0.091 83 -- --- 0.143 0.143 Walgreens Store North Andover Page 1 of 2 n S -W Exterior Wall 5: Other, HC 1.0 1960 — --- 0.081 0.091 Window 6: Other, see win 1, Clear, SHGC 0.58 25 — --- 0.603 0.603 Door 2: Solid 24 -- --- 0.410 0.143 Floor 1: Slab -On -Grade: Unheated, Depth 4 ft. 468 --- 8.0 --- --- (a) Budget U -factors are used for software baseline calculations ONLY, and are not code requirements. (b) Certain building use types require continuous under -slab insulation (see Massachusetts Code Section 1304.2.7 and 1304.2.8). Air Leakage, Component Certification, and Vapor Retarder Requirements: ❑ 1. All joints and penetrations are caulked, gasketed, weather-stripped, or otherwise sealed. ❑ 2. Windows, doors, and skylights certified as meeting leakage requirements. ❑ 3. Component R -values & U -factors labeled as certified. ❑ 4. Insulation installed according to manufacturer's instructions, in substantial contact with the surface being insulated, and in a manner that achieves the rated R -value without compressing the insulation. ❑ 5. Vapor retarder installed. Section 4: Compliance Statement Compliance Statement. The proposed envelope design represented in this document is consistent with the building plans, specifications and other calculations submitted with this permit application. The proposed envelope system has been designed to meet the Massachusetts Commercial Code requirements in COMcheck Version 3.2.1 and to comply with the mandatory requirements in the Requirements Checklist. Principal Envelope Designer -Name Signature Date Walgreens Store North Andover Page 2 of 2 Wall Constructions Nalgreens-North Andover MA Comcheck 05/15/200( Edwards and Kelce 08:17AN wall Wall Details Outside Surface Color ..... ....... ..._....__ ...._. _ .. . Medium Absorptivity.__....... _...._........._....:.....,._ .........._........_.... 0.675 Overall U -Value .._._........_ ................__......_............. 0.081 BTU/(hr-ft'-°F) R All lG Cla LJG14110 nwwc w v.. w..... Layers Thickness in Density: lb/ft'..BTU . Specific Ht.` R -Value: / (Ib - °F) (hr -ft2- F)/BTU Weight Ib/ft2 Inside surface resistance 0.000 0.0 0.00 0.68500 0.0 5/8 -in gypsum board 0.625 50.0 0.26 0.56004 2.6 6 mil.vapor barrier 0.000 0.0 0.00 0.10000 0.0 polystyrene rigid insulation 1.500 2.0 0.22 5.00000 0.3 8 -in LW concrete 8.000 29.0 0.20 4.44000 19.3 inside air space 2.500 0.0 0.00 0.87000 0.0 4 -in face brick 4.000 125.0 0.22 0.43290 41.7 Outside surface resistance 0.000 0.0 0.00 0.0 Totals 16.625 40.25000 412.3379 63.9 Hourly Analysis Program v.4.2 Page 1 of 1 Roof Constructions Nalgreens-North Andover MA Comcheck 05/15/200 Edwards and Kelce 08:17AP ROOF Roof Details Outside Surface Color _.............._.......___............_._._. Dark Absorptivity... 0.900 Overall U -Value _.._ ............._......... .......... .... _.._ 0.060 BTU/(hr-ft? °F) Roof Lavers Details Inside to Outside Layers Thickness in Density lbfW Specific Ht. R -Value BTU / (Ib - °F) .{hr -ft' °F)/BTU; ;; Weight: Ib/ft= Inside surface resistance 0.000 0.0 0.00 0.68500 0.0 Steel deck 0.034 489.0 0.12 0.00011 1.4 R-14 board insulation 2.000 2.0 0.22 13.88889 0.3 Built-up roofing 0.500 70.0 0.35 1.75000 2.9 Outside surface resistance 0.000 0.0 0.00 0.33300 0.0 Totals': 2.534 - 16.657.00 - 4:6 Hourly Analysis Program v.4.2 Page 1 of 1 Wall Constructions Walgreens -North Andover MA Comcheck 05/15/2006 Edwards and Kelcey 08:25AM display case+window Wall Details Outside Surface Color ........... Dark Absorptivity.............:...........................................................0.900 p.63 = O•J:Z Overall U -Value.._...._ ...... ......... ..... ._... ......... ..... ... ...... 0.122 BTU/(hr-ft? °F) + U AdVr Wifl Wall Layers. Thickness in Density Ib/ft -BTU Specific Ht. - R -Value' / (Ib -°F) (hr -ft'- F)/BTU; Weight lb/ft' Inside surface resistance 0.000 0.01 0.00 0.68500 0.0 5/8 -in gypsum board 0.625 50.0 0.26 0.56004 2.6 rigid insulation 1.500 2.0 0.22 5.07000 0.3 Air space 12.000 0.0 0.00 0.91000 0.0 1/2 -in plywood 0.500 34.0 0.29 0.62189 1.4 Outside surface resistance 0.000 0.0 0.00 0.33300 0.0 Totals . 14.625 8.17993 4.3 Hourly Analysis Program v.4.2 Page 1 of 1 � 2 W � � Q � � O LL � m W � � W ry §R/f /: /k 0 � / 2 UL \ 0 0 0 k / � / 0 2 k k k a)@ 7 = I \ 0 U / ? \ � k 7 9 / 7 J $ 2 9 R 0 2 2 L 2 \ / / / U) C) 2 2 2 m 2 2 \ / + E 2 2 < U) F- 0 \q O 0 0 $D £ E �& / /: 2 E¢%/ / 2°c= CL2 2 O O L� /O0 k 2 < Z \/m U ƒ-0 w UUEe 2 / / m m \ \ / / / k C) 2 2 2 m # 2 \ + 9 / £ / 2 2 0 � \ � m m \ E _ cn m s 2 0 %— 0 Vi c/ \ c§ 2 Go @ c C 2 2 Q\ 7 0 7 2 2 f 2 D Co 2 7\ q§ © £@ @ o o E R° c E .o u e x£ : 2 2\$ § c 7 0 a r E k 3§§ S m §.$ ° I w \ f / \ / % c ¢ a E> 2= x m f £ '( _ Q @_ c 0 0 0§ 2§ Q@ '@ cr <± 2<@ p U@ U U E / / / L ƒ f fk \ƒ [� $/ ±ccu_ C E 0 -CD §/ §e 0 // / f \ c (D / ea :3 / )/ E fb � u 2 k/ 2 /k % / 0 o< 2 § co ( 2 0 f= m 2a §Z \ f LU 0 a)/ ¢0 /f / / k /\ p=� 0cc m =70 O CL c.0 < ®f 2 � \{E Z k$= O 22RcuC / a) < awe of 72- u -0 LLJ a) 0 O \�� < E=cu f \ Ile =R L 222 6 ff= #\\ £=E �/q / cc= U cc L) < tet\ ± Q) Z 6 /\\ / m / C) m a N O N N m f6 a a� 0 LL Q 0 M 0 OU co C C c M cu N N � m CL 0 U a a� o m � a� E o O� U Y 0) L O O dL N Oma U >,"a f/1 w � � Y .0a5;) E oO CL U U f0 Co 3 OE UQ c O a U N 0) E N O 0 0 O It CD N• • v ao o 0 0 o c� O o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 O o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0000000000000000 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 N O W O 0 0 0 00 o r N O W 0 0 0 It O O N N (Ov LO M LO O N 00 O O N (O — CO CO v N CM N— M— �- W" V r- 0 O U) cn (DE c - E o U.0 O U ti o � c o c N - O C) N IL -0 06o (DN C U 01 U O E� 'U C U M`(D ip O w 0@ O O L OO OO_ p_ > 0 0 0 0 C�(nU���HCLL(n(D2a W U 0 N co t LO Orl- 00 O O— N M IT LO (O 0 O O O • • 1- .1 • v M c Fellman Law Group, P.C. ATTORNEYS 54 Jaconnet Street Suite 300 Newton, MA 02461 .................. ..................................... ........................._ ............................................................._........................ Voice 617-658-1600 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 Andover, MA Dear Mike: I have enclosed a copy of the fully executed contract and side letter for your files. Aie ivitz Encl. Mark Investment, Inc. �J 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 -l. 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 confirm your agreement with the terms of this letter by your signature below. Sincerely yours, Rice North Andover, LLC By: Amadan Management, LLC i By: Robert S. Korff, Manager Confirmed as of this /Yday of April, 2006 DF Pray General Contractors By: Michael Burke, Aenior Vice President q i947 EDITION AIA DOCUMENT A1074997 Abbreviated Standard Form of Agreement Between - Owner Contractor and i BOSton, MA 022i0 q i947 EDITION AIA DOCUMENT A1074997 Abbreviated Standard Form of Agreement Between - Owner Contractor and for Construction*Projects of ,Limited Scope where the basis of payment is a STIPULCEDAIM BOSton, MA 022i0 This da«tment Includes mane as of the 10141 ' A G R E E N! E N TAPxjj in the year 2006 '. ; . of y ad abbreviated Genera( conditions and should ._ (In rands, indicate day, mumh and year) not be uaed with other The Owner and ContracWra �e ��� general conditidm BETWEEN the Owner. ABBREVIATED OWNER. (Karm, address and other information) j Rice North Andover, LLC This document has impar-. rant legal consequences. 54 7aconnet Street, Suite 203 , COnsultation with an Newton, MA 02461 attorney is encouraged - with respect io its completioq or modification. and the Contractor; (Nam addrw and other info nmtian) This document has been D.F. Pray General ContractorsI approved and endorsed by 25 Anthony Street The Associated General Seekonk, MA 02771 contractors of America. the Projedis: (Nanta and tacmian) Construction of a free standing building for use as a Walgreens and Petco's and related site work at the southeast corner of Turnpike Street and Waverly Road, North Andover, Essex County, MA in d accor ance with the Protect Documents. the - (Matte, address and other information) Edwards $ Keicey 280 Summer Street, Suite 500 BOSton, MA 022i0 Tel . No. 617-gq&0gA0 ••�-- + Fax No. 617-443-g880 The Owner and ContracWra �e ��� © 1997 AIAN AIA DocUMEHTAT07--1997 ABBREVIATED OWNER. CONTRA[ron AGREEMENT Tha American Institute of Architects Cop}nipitt 1936, 7951, ]951, 1951, 1963, 19M, B74, 1978, 1987, 01997 6V The America Institute of Architects V35 New York Avenue. N.W. Repmdudlon of the material herein orsuhstantlai quotation of hs Washington, D.C. ?0006.5792 violates the @Pyrlght laws of the Ur>Ited Stawi g and will subieer the violatorto o reps Prosgten��� Of the AIA WARNING utitioensed p�capywa vialwas U.5copyright taws and tv9i subject fire violator to tepsl proreNliea . 1 i J 0 ARTICLE 1 THE WORK OF THIS CONTRACT The Contractor shall fully execute the Work described in the Contract Documents, except to the extent specifically indicated in the Contract Documents to be the responsibility of others. ARTICLE 2 .DATE OF COMMENCEMENT AND SUBSTANTIAL CO 2.1 The date of commencement of the Work shall be the date of this TIN different date is stated below or provision is made for the date to be fixed unless a issued by the Owner. notice to r (Insert the date of commencement,.if it differs from the date o this proceed date will be fined in a notice to proceed, f Agreement or, i a Tyre dare of commencernm shall be the carer 01 (1� state that the mm a tuiwins R1109 of the ti whtd, pmnft te; a the nwasdemoftn pemrt is rued separate permit shall be ftdamae ft baararae of the demoitio, The Contract Is deiww' )• and data fun access t, ft prop" ontract Tinne shall be measured from the date of commencement. 23 The Contractor shall achieve Substantial Completion of the entire Work not 1 260 days from the date of co ater than (Insert number of calendar days. Alternativdy, a calendar date may be used When Coordinated r follows: commencement. Unless stated elsewhere in the Contract Documents, insert ith the date of Substantial Completion of certain portions. of the Work.) any requirements for earlier subject to ad' this Contras Time as adjustments of O(Insert provisions, if any, for liquidated damn provided m the Contract Documents. for eajly completion o 8� relating to failure to complete on time Or bonus a f the Work.) payments III) ARTICLE 3 CONTRACT SUM coo 3.1 The Owner shall a97 Contractor's Performance p y the Contractor the Contract Sum in current funds for the of the 01997 AIA QD CFour Million Nine Hundred Thousand polytract.. The Contract AIA DOCUMENT A107.19" subject to additions and deletions as provided in the Contra�00.00). Sum shall be ABBREVIATED OWNER- Documents. ), CONTRACTOR AGREEMENT The American Institute of Architects 1735 New York Avenue, N.W. Washington, D.C. 20006-5292 WARNING: Unlicensed photocopying violates US. copyright laws and will subject the vini,t,.. — r--# _ 32 The Contract Sum is based uptm the Faiiowin .a1 Contract, Doazmmits and are h g temat:�,if azry lvhich ase dt scnbeiiatbe (State the numbers or other idawift�ip�n (f4MMp9W ddternatmIf dcdsians on other alternates are to be »suds by the Owneraubsagtuost to the a=tian•nftltfsAgrtxn=4 attach a sdredule of such other abs"ates showing the amount far each and Oin data when that amount apimL) See Schedule C 33 Lltgt Atte, if any, etre as folle>arx See Schedule C ' C I AATIME h PAYMENTS - ___. — _ • . _ _ _ _ _ . __. 4.1 PR0GRM FAYMENT5 4.1.7 Eased upon Applications for Payment submitted to the Ambitect by the Contractor and f:u ffIcat,eS ibr PAymeai im ed by the Architect, the Owner shall make account. of the Cantraci Stmm to the Contractor as oma PaY� on• I below � ekewhere in the Contract Documents. The period covered each by Application for Payment �shall be one calendar month - -es�,�t� thela��-e�th�mnnii• -- • -- - - - - . - . _ . . -- • -- • -- -- - •- - • - . .. _ . - - 4 hat an pp caticmfar Fayme nt is received by the Arrhited not later than the ° a �25ii t} day of a month, the Owner shall make Contractornothierthan the tWe �jf h ' day' aFthe P � to the MY t ) , fOilowing �oo� C� .month be made y-thonforl'ayr tltemcdvedhythe.ATd t dafierthedatehmdabove,paymertshag be made by -the Owner not later than 0,-957 AIAQ A1AlmcttMEN'E'A1a7a9s7 thirty SSD} days after the Amit$tzeceivesthe Application lisrPayment AsaREVIATEo o- ER. CONTRACTOR AGREEMENT The Ammim Instttate of Architects IM rte"- t•;wMM �1 W4dittan. O.0 20e06.5M2 WARNIRM unhamlad FhG%=PV1n9 VWu'ff U.i rapydgM Mvz z fd wM =&jm fhe vlal W M i0.gd pmz=n(ea. 13 Payments due and unpaid under the Contract shall bear interest from the date payment is due at tate rate staled below, or in the absence the=& at the l *rote pmvmTmg from brae to lime at the place where the Project is located, (Dmrt rote of Jnterest agrgad upon, if any. ) (Usury laws and naparemew under the Federal Thula In :iv ng Act, similar state avid Loral ronwMar aarlft hays and ether regulations at dre t3MWE and CDXiMddS PARC4141 Placer of business; the location of the Project and dist mhm may aftl the validity of this pmvidan, legal advice should be obtained with respell to deletians.ar mo;Vcadom and also regarding raJuireraetds such as turittwr disclosures or wiaivam j 4.2 FINAL PAYMENT 4•=•-•PMprayment,consdhtffigtheeutireunpaidbalancepftheCoaltract:•Sum;•sbailbe•made by the Owner to the Contractor when: t the Cantzacior has Cully performed the Contract except for the Contractor's ' vesntmsibtftty to correct Work as provided tII Paragraph rya, and to satisfy other vequimmea% if any, whicil extend beyond Final. payment-, and z a End Certificate fur Payment has been issued by the Architect. 4.7-1 The Owner's lural payment to the Contzactar shallbe made no later tbaa 3o days at`terthe k4 GRZ9402te far ;fi7!ft=t; ax v: iollm conOms desan'bed in mole 4.2 have been met AATtQ.E 5 BNUMERA3JON -Cr CI]NTBACf DOCUmrlftlS 53 The Contract D=—ents are listed In Ardde 6 and, except For MaMcations issued after execution ofthis Agreemeai, ace --M=me as Fnllom 5.17 The Agmemed is this executed 2,mj,-, edWon of the Abbreviated Standard Foga of Agreemetd Bdwem Owner and Contractor;AMDopment-iaW -W. 9.1.2 The Supplementary and other Conditions of the Contract• are those contaitedis the Pmjed Manual dated_ _ _ , and are as follows: Docutaent Tk gages Supplemental Corti tr'it'ons i 1- 9 By exeruffan oft is contract, Corrtracior admowiedges receipt of all such documents referred to herein and in Sedan 5.1.13. WAaMQ-tfijkM,ddpWNG*ftvf,W.Us.CnowsiutawsaaaWffi=&JellthevtukWtoWoFUMW lvn. - fl • a c C t—•� 07997 A1AQD AIA DOCUMENTAT07--1697 ABBREVIATED OWNEI?- CONTRACTOR AGREEMENT The American InsMute of Archttens . IM Ncw YC* Avenue, (4-164 tfthinem D.C- I000E--1--Z Lu The Spectli=tions an those geed in ,the Project Manual • - ..t��Mt3chaduleA-Q.t (El&w list tha SpecifuWmm here or refer to on earhibit attndied to thEs �lg t.� -Shaer S.1.4 The Dmwings . dtmatihed on 6chedalsA. j (Elder list the D mvinga hers or refer to an a dLU t attached to lhifA rremmrQ t fir_. 31.5 The t4ddesida, if aay, ate 25 1t7LLflWS:. Notre. • Number - Date Pages Pottions.of Addenda xeiating-to binding mipdier M:e not pat.of.the.Corbad Documeats -• - - - , . unless thebiddingreg uirements ate also eoumeredmd ii thisArtideq. SIB Other domiments, if ai* forming part ofthe Cottttaci Documents are as fallowr, tCa dmct!]=umn!!ScheduleA— Re PlansandSpeeificatioasv Schedule A-1 Criteria's Specifications for Self Service ` Walgreens Drug Store 01297 a t As Schedule A-2 Identification of Project Manual for AIA gOCUINIM AID -MM Walgreens Drug Store Aat3REVlATr31041�Y:.".- Schedule B — Schedule of Values and Project Schedule CORTRACYO'N ACreDtsui i Schedule C — Clarifications, Exclusions and Qualiiicafions The Arneamnta Ohm, Schedule D — Walgreen's nese store requirements of fthltms (vl Schedule E — Notice to Proceed _ - msNow'b'k Amro, MAY VJmhi4&r6 6.Q 20005-5292 Schedule F-1 - WPA Form Order of Conditions DEP File No. 242-1333 Schedule F-2 - Notice of Decision t Schedule F-3 - Mass Highway Permit Schedule G - Partial Waiver and Subordination of Lien c C c GENERAL CONDITIONS ARTICLE•6 GENERAL PROVISIONS I 1- THE CONTRACT DOCUMENTS SUppiemetltalI The Contract DacrUnents Consist of this Agreement with Candiiions of the Contract f hese ' Conditions), Drawings, 5pecificWons,'Addenda iaisued prior to the exon ofthis Agreement, other doarments listed m, this Agreement and Modifications issued afthw•eseccLd= of this Agreernent. A Modificatian is (1) a written amendment to the Caatcact signed by both parties, (_) a Chnage Ord= (3) a Cmuftuctiou Change Directive or (4) a written order for a minor change in the Work issued by the Architect. The. intent of the Contract Documents is to h=hrdeall items ueomay.RK thepml= execltdon and campILdm of the Work .bythe Coatm=r. The CoukactD=oneats me complementary andwhatismquiredbyoneshall -•...be as bind'mg as i�xequiredbY aIl; perfamtance•byihe• Cantractar•shall: bens;uited•ta• the extent• . - .. amsfstentwith the Contract Documents and reasonably inferable fmm them as being necessary to prod'= the indicated xemlts. 63 - THE CONTRACT The ContractDocumeats fnffi the Contaaci for Consthectics. The Cantmdrepresents the eatue and integrated agreement between the pasties haft and supersedes prior negotiations, reproentations or agreements, eitherw dtten or oral. The Cm tinct maybe amended armnditied. only by a Madificalion. The Contract Docranents shall not be construed to create a cm zachml rdationship. of ani'kind (1) between the Archfiect and Contra=, (i) between the Owner and a Subcontractor or sub -subcontractor:, (3) between the Owner and A=bited or {4) between arty persons or entities other than the Owner send Contractor '63 - THE WORK The tem "Wa W means the conshuction. and sery= requaed by the Couh and Documents, whether completed or PafWlT chmpl" affil indudes all other laban materials, equipment and. services provided or to be provided by the Ca nhuctor to fulfiil the Contractor's abl-rgations. The Work may constitute the whole or apart ofthe Project. ti.h EXECU-h0k OFTiM CONTRACT Execution of the C n n tm ct by *a Contractaris azepresentation thatthe Cantradorhm visited the, site, become -generally ffi milier with local'concetions under which the Work is to be performed and catrelated Personal observations yv}ih r�mpn,P„+� of the Contraci'Ddcumeats. �-.. . 63 OWNERSHIP AND u5F OF ARCHITECT'S DRAMRNQS, SKC*lCKnONS AND OTHER lumuMENTs OF SERMCE - The Drawings, Specifications and other dam_ un._P++tr, mdudmg those M. eledxome farm, prepared bythe Architect and the Ard&cci.'s consultants are hstr„� of Service through which the• _-Wc k to be. execaded by_tl a-Coatractmis described- The Contractor mq.mtam one record set. Neither the Contractor nor nary Subcoatlactor, sub -subcontractor or material or equipment supplier shah own or claim a copyright in the Drawings, Specifications and other ductu ata prepared by the Arddlect or the Armiied's coomAtants, and unless otherwise indicated the Architect and the Architect's consultants shall. be deemed the authors of them and will retain ail common law, staitutory and others rights, in addition to the copyrights. All copies of them, except the Contrador's retard set, shallbe and r aed or suitably accounted for to the A _tett, an request, upon completion of the Work; The Drawiags, Specifications and other' docur mts preps by the Awhited and the Architect's cons„ ants, anti copies thereof franished to the Coniradar. are foruse mldywithxzq=tta this PtQjed.Theyarenotto be usedbythe Contractor or any Subconfractm sub -subcontractor or materia! or equipment supplier on other projects or ct for additions to this Projeoutside the stype of the Wmkwithout the spear written consent of the Owner, Archited: and the Arclutec0s consultants The �antractor, Subcaatractars, WAaNINQaNnitQruad pGmnmpra,ta vtat�t� tl.S. mpOAght Gtws and orifi tahjee} dna vta4uc sb tegd Ien. 11 • n � 0 axi✓xc 01997 AIAO AtA aoCUMEMT 107.1997 ABBREVIATED OWNER- - - CONTRACTOR ACREfMUM Tim Aaneaicara 1=11tu-ge 1%'S Naw York Avenue: RM. Washbagton, D.C. 2poarrm C soh-subcontactos and material or equipment suppliem are authorized to use and mpmeWce applicable .portions of the Drawings, Specifications and other documents prepared by the Architetand thekcbhect's consultmts appmpdate to and ibr use in the execution of theirWark under the Contract Documents. All copies made under this auutho imdon shall bear the statutory copyd* notice, if any, shown an the Drawings, Specifications and other documents prepared by the Arciiited' and the Airktei censul#sufs. ' Submittal m "distribution td 'meet 'official r%Wnlmry requirements or far other purposes in munection with this lsmjed.is not to be contoured as publication in demga#ion of the Architect`s or Arddtees consultants' copyri&b or other reserved rights, ARTICLE 7 OWNER •INFORMATION AND SMiRCO RFOUIRED•OF7HE GwNm, 7.1.1 The Owner shall fuauish and pay for surveys and alegal description -of the site.' 7.1.2 The Contractor shall be entitled to rely on the arrancy of information furnished bythe Owner but shall e:arcise proper precautions relating to the safe perfoadmuce oftbte 1hTodc. B.Ptas Hotta pwoled, 7.13 Geffwle=-Buts,-the -shali.seaue and pay far other nacessary eas appmval% emeats, assessments and rltacges zequized for the construction, use or oc. qxu y of p—ment struchures or permanent changes in adating Equiliiies, 7.2 TO OWNER'S NGHT TO SP THE WORK If the Con#artor f tfis to convect Work which is not in accordance with the regeuuemeats of the Contract Documents, or persistently fails to cagy out the Work in alxardance whit the Contract Documea% the Gunner may issue a wxidm order to the Contractor to stop the Work, or ant► portion thereof; until the cause dvr such older is eliminated; howeM the right of the Owner to stop the Wolk shall not give rise to a duty on the part of the Owner to mmrcise this right for the benefit of the Contractor or any other person or entity. 73 GWNER'5 RIGHT 10 CARRY OUT THE WORK Tfthe Cm trador defaults arp=&tmdy failsor neglects to c=y outthe Wo kin accordance with the ContractDocumea%orfails to perform aprovidonofibe Contract,tiie Owm= afterus days' wrBlennoticeto the Cantradur 1ndwWWutpreju&=t0 soy atherremedythe Owner may have, niay make good such deficiencies and may deduct the seasonable cast thereof, including Owner's expenses and catupensatioa farthe Architect's services made necessary tbeneb* fMm the payment then or thereafter due the Contracim MTICU. B .CQ"TRACTOR U - REVIEW OF CONTRACT DOCUMENTS AND FIELD CONDITIONS BY CONTRACTOR iij LU Since the Contract Documents are complementary, before starting each portion of the Work, the Contractor shall catefully'studyand. compa>r the various Drawings and otlier Contract 0 o Documents relative to that portion of the Work, as well as the information furnished by the -! Q Owner pursuant to Subparagraph 7.Liu shall take field measu=jents of nay existing conditions related to that portion of the Work and shall observe any conditions at the site af% &%. it» These A 1997 A i A Q obligations are for the purpose of iaclitating construction by the Coatsactor end aur not. fior the AIA HREWA 0 CM ED OWNER- 9 97 purpose of discovering cants, onsisdQns Or inconsistendes is the Contract Documen however Auntie RAG EEM OWNER- . as ire, amissions ori discovered by the Contractor shall be report d prompdy CDNTRAtioti AGREEMENT Y The Aalwican 1nsHtute to the Architect as a request for infeumatioa in such form as the Architect may req im of A(CWM is TrAS New Yark Aveave,1U4 ' aWeshingtwt, O.c 2ancs-52.42 WA8 =MU.nit==d phat=pying vio Wu Vs eapO&M casco and wtl! auiIaa the waLmor to IeEd pms=u&M 0 8.1.2 Any'desiga mors or omissions noted by the Contractor ding this review shalt be reported pmmptiy tothe Architect, bot it is recognized thatihe Coatrador'sxeview is made m the Contractor's capacity as a comractor and not as a licensed design pmfisiomal unless otherwise spedficaltyprovided in the ConizadDoamwd , 81 SUPERV1StoN ANG CCNS'MIJCTiON PROCEDURES - ILL] The Cmstmctor shalt supervise and diced the Work, using the Coahactoes but A& and attention. The Contractor shalt be sorely mponslble for and have contra over a=uudiam means. methads, tedmiques, sequences and produces, and for comftadag all portions of the Work under the Contract, unless the Conrad Doaunenis give other specific msW=ftrms concerning these matters. H the Contract Documents give gre&c instructions concerning Construction means, methods, techniques, or praredures, the Caatzactm shall be Betty and solelyusponsbie for the jobsitg safety thereof unless the Coattacim give's tin* wrw= _ notice to the Owner andArchitedihatsurhmmms. methods, techmque%sequences arpmredues' may nut be safe- �i '8The Coairador shall be aesponsible to the Owner for acts and omissions of the Cantiactor's employees, Subcontractors and their agents •and employees, and other persons or entm pert rmmg portions of the Work for or an behalf of the Contractor or say- of its a3 LABOR AND M CLUALS 831 t]nless otherwise provided in the ContractDocuments, the Contractor shall. provide and pay -.for labor, materials, egr Anent, tools, rrmch„r•iiom eqdPment and madjjr y, water, heat, of transportation, and other &dirties and service, necessary faF proper mmadwn and completion of the Workwhether temporary orparmonem and whether ornotincorporated or to be incorporated in the Work. •93.2 The Contractor sbail enforce strict &C1V11ne-and good order among the Contractor's 'employees -end other persons carrying out the Contract. The Contrador shan oat permit employment of unfit persons ur persons not slc'iied m tasks assigned to them. 93.3 The Contractor shall. delim handle, store and install maierig7s in accau mm with marortacbIre d instructions. 9.3.4 The Contractor may make subsftdions only with the consent of the'Owma, after emluatr m by the Ardmed and in atrordance with a Change Order. L4 WARRANTY first The Contractor wan -ads tope Owner and Axddiect that materials and equipment Famished _...undertheCouh-ddw&tbeof)odquaiitymdnewunlessadmmisL-rVimd.arpmmitied*,the-• - - - Contract Doaanents, that the Workwfil be &e: from defects not inherent is the quality required or permitted, and that the Work will confirm with the requirements ofthe. Contsad Documents. Work not coat . ning to these requirements, including substitutions not properly approved. and IlE) authorized, may be caasidered deEctive. The Contractor's warranty e=hrde5 remedy,for damage a a or defect, catmed by abuse, modifications not execated by- the Contractor, improper of iusuffiaient maintenance. improper operation or normal wear and tear and normal usage. u� 01997 AIA® 9S TAXES adt ACA DOCUMENT AW -1997 The Comtract:lr shall pay sales. consumer, use and6ergialge tato:s which are legally enacted ABBREVIATED OWNER - when bids are received or negotiations carduded. CONTRACTOR AG�EEMENi The American hntituie or ArcWtKh 1735 New York Avenue, N.W. Washinghm, or -70006-s7--. wattrutta.pnlb.aw,d etmeae,me,m v6,b,a,s us; m�rtaFt Ort rind oda aul,itcHu, vktulnr to serol um�eemiaa. c C 10 PMMI*M, FEES AND NOTICES 8.6-I l lnlnca otherwise provided in the Contract Doaunents, the Contractor shall segue and PRY for the building permit and other permits and governmental fees, licenses and inspections necessary, for proper cw=tion and completion of the Wadc. 8.81 The. Contractor shall- comply with• and guve• notices tequimad by laws; ordinance:, rules; regulations and kaaYU orders of public mflhartt m irpplicahle to performance of the Work The Contractor shall promptlyaotify the Archited and ()weer if the Drawings and Speciacadow are observed by the Contractor is be at variance therewith. If the Conrract:or performs Work knowing it to be contrary to laws, stirtiutes, ordinances, building codes, and rules and regulad. without such notice to the Architect and Owner; the Contractor shall assume appropriate responsibility for such Work and shalt hear the costs attributable to correction. 8.7 SUHM17TALS RM The Contractor shall revtov for compliance with the ContractDocumeoL,aye m, appr writing and submit to the Architect Shop Dra►vings, Product Data, Samples and similar submittals required by the Contract Dacumeafis with =sonable prOmptsuess. The Work shall be in aecasdaace with approved submittals, 8.7.2 Shop Drawings, Product Data, Samples gad similar subraftfals are not Contract Documents. 8.8 -Ust; OF SITE The Contractor shall routine operations at the site to areas permitted by law, autiinaac>s, permits and the C'ontrad Documents and shall not unreasonably encumber the site with materials or 8-9 CUTTING AND PATCHING The Contr- a sh-k be responsible fora long, Biting or patching required to complete •the Work Or to unalm its parts fit together properly. • �ul>slacltlal ; _ 'WO CLEANING UP The Cantractor shall keep the pre=mises and surrounding am liom ac cumuldaa of waste maierin or rubbish caused by operations under the Connect, At campWon of the Wark, the _ ... Contractor shall remove from and about the Protect. waste materials, rubbish, the Cantracicrfs tools, construction equip' meat, machinmy and surplus material, ILII ROYALMES, PATENTS AND COPYRIGHTS The Conizartar shall pay all royalties and license Tees; shall defend suits or claims for infringement of copyrights and patent rights and shall hold the Owner and Architect harmless from lass an account there o& but shall not be responsible for such defense or lass when a 1� particular deign, process'ac product of a partiuilarpfaiiiefa&ffMr'or' is required by Jill the' e Contrad Documents, or where the copyright violations are contained in DM%v' M' gs, gedfications or other documents prepared by the Owner or Azrhitecr, unless ttie Contractor has reason to believethat there is an infringement of patent or copyright and fails to promptly furnish such information to the ArchiteecL 01597 A 1 A ® W2 ACCESS TO WORK ATA OCCUMM A707--7997 The Contractor shall' ARBREVIATEn OWMER- 1 Owner illrthllect•at1:p55 to lire Waris tri preparation and CONTRACTOR AGREEMEMT progress wherever located: TheAMeHcan Institute of AMhlhHJ3 Trz New YarkAwenue, N.W. WashinVM, MC.2000&52B2 WARRMAGt ttnIcMed phatncapping wh hft"mpprigtr lawn and will aeblea the vWx-m JqW pmecatlan. Mark Inver merit, inc., Walgreen Co., Waignapn Easism Co.; Inc.,Ownerlslender, 8.78 ' INDEMNIFICATIOH 8.131 To the lidimt extent petmritted by law and to the wed claims, damages, losses or inTmes are not covered by Projed Management Proiediee Liability insurance purchased by the Contractor in accordance with paragraph 16.3, the Conttactorshall indemnify and hold harmless the Owner Architect,Axchited's consultants and agents and employees of any ofthem from and against daims, damages, lyses and expenses, including but not limited to attorneys' fees, arising out of or resulting from performance of the Wank, pmAded that such claim, damage, loss. or expense is attributable to bodily injury, sidmess, disease or death, or to injury to or destruction of tangible properpy (other than the Wadc itself),, but a* is the ael4mec_ aybeliabieass o(whether ar not such daim. damage, loss or expense is caused in part by a party indemnified hereunder Such- obligation shall not be construed to negate, abridge, or reduce other rights or obligations of h4emnity which would otherwise exist as to a party or person descabed in this Paxagraph 8ai a.= in claims against. arty person or entity indemnified under this Paragraph 8.13 by an employee of the Contxaciai; a Subcontraeton anyone directly or indirectly employed by them or anyone fnr whose acts they may be Liable, the indennnification -obligation under 5ubparagxaph 8s3a shah not be limited by a limitation on amount or type of damages, compensation or benefits payable by or for the Contractor or Subcontractor under workers' compensation ads, disahrlitybeneilt arts or other emplayeebenefrt acts.. ARTICLE 9 ARCHITECT'S ADMINISTRATION OF THE COKTRACT _ .9.1T&e Aofiters. wil�pmvide administration of.the Coact and will be an Owner's repmaeniative W dubs& constriction, (z) until Seal payment is due and (3) with the Owner's concurrence, from time to time during the one -Year period for mixer ion of Work desa bed in (` Jj Paraglragh i7. L 9.2 The Ardii3ed, as a regresaixt ive of the Owner, wll viit the site at. intervals appropriate to the stage of the Contractor's operations (a) to become generally f mum wish and to keep the Owner informed about the progress end quality of the portion of the Work completed, (s) to endeavor to guardthe Owner against defects and deficiencies in the Wodc, and.(3) to determine -in general if the Wodc is being performed in a mariner indicating that the Work, when fully completed, will be in ac=dsnce with the Contrad Documents. However, the Architect will not be required to make exhaustive or continuous on -sate inspections to check the quality or quantity of the Work The Akhited will neither have control aver or charge of, nor be respond- ble for, the construction means, methods, tedmiques, sequenrft or procedures, or for safety pre- cautions and programs in connection with theWork, since these are solelyihe Contractor's rights and responsx'bUes under the Contract Documents, except as provided in Subparagraph li z1 93 The Architect_ ill not be responsible for the Contractor's failure .to perform .the Work in _ accordance with the retirements of'the Contract Doaunents. The Architect will not have control over or charge of andwili not be 'responsible for acts or amissions of the Contractor, llj� Subcontractors, ortheir agents or employees, or any older person's or entities performing portions of the Work. a o 9.4.. Based on the Arcbited.'s evaluations of the Work and of the Contractor's Applications far Payment, the Architect will review and certify the amounts due the Contractor and will issue o 1 B 9 7 A l A S Certificates for Payment in such amounts. A1A DOCUMENT A307-1997 ABBREVIATED OWNER- CONTRACTOR.AGREEMENT s.3 The Archited will have authority to reject Work that does not conform to the Contract Documents. The American Insiltute at AMMOCU 17W Naw Vb*/-. NX , Washington, D.C. woos-zm WAnNINGc Uniteennd ytngWalataa ML mppAght km sad VAN subject the violator to legal Fo:e "WL . The Atchhed wilt revie•R ead approve ar tam other 'Er , sin* action tq ma the Cis s6kfttak.sn6am•Shop Dry fro id Data and santple$,•but d* for the . sisYu'ted purpose of chug For camfarazocace with iafnrsaor=-gzvert aad the din cone:at ' =Pmmed in the Cmdrad•D=—mtsmlqmm. ' °-� 'I$e}irrlit'irs.,' ��tsipiei mad dcade matte ccda�� pe¢.'u�'�d menu cc t5e Cft(m w2w= request of a&ec ilia Ower or Cbz - . The•ArebtWd wlil augm ian`iei duos on ail daimsr d sprtte3 artd'otbu mattets'in, RSM th . bethe Ow= factor but vv! not be liahie �u re=hm of =r� or • ' deddowso madmed in goad, faith. ' 9.8 �'he Atdsi�i's'detadot>z oa � reiatiag m � � � he final f i cansi� with Jim mtmt t Mmmed iu t6 Cerci Danis. end app mvini baa! meter. �.9 - L'iet ies; respcn aad 16#atians of atttftoi#. af'#Iie rchft as sit ii i is the ' Cntdrad Dooac�eats shad riot tae resiri�,�wailied ar e�nderl wiiisoctt writ3ea ausseat of the • • Ciwcer; C anti �1t�Cl. Caris�ti.shall not be tbl3cc�vitltheid. ' . SM Cl.MMS ANO DL$UM . °JG1 Ciaimsr disc aad oiherr�atiera is ques�iaa ardrtg out oi' ar re}�g to this Caacatt, including 4hc m'atiegiag as eaor or a nWm by the Amit but exdudirtg those arising under r Fnagmgh F,; , ShIlbe refected kiddlyto the Arebbect for dei Won. Such matiecs, exert ihosa mkth% to acthe efied, and =* these wAved asFar in pac =mph. s u and • Suhaaragraphs 14-M acid 1{.i$ �' after =nW d=mian�by iib' A=hiied ar ;o, d^ys afrar of the maitre ta.tbe Azt, be 44ed to meniatim m a bion pry to. -==-ilian�•�1ed�.�h gar's dzhx� dkpuir or otber m in mmsfion relstim to or is the subjgt of a me hmies• r lien, the pony amathm =&. M&T pr�=� in aa-odan= with gmBmble law -to cmaalp • _ wiih the Mn n ar EmEdesdFiaes prior to resp low of the Mau= by the Ar6ihmi, a m•3 'Ihe parti�3ball �deavorlo clYCil,eQ dispemby xu:hllugem the PV60 . • mer uOr agm= otherwise, sba31bc3n =mdmce v lt. the canhuc tion b&L' xTm_-di dimx Rulm . of III;Ameacaa Arbihioa Amacia'daa w=m* in ems. B==,-. far 3imftm sheIl be in. .. .. - .• mw�gwltht�le Oi�terp3t'tytOiki:.basa.m,d�t aadwi�thed.•+*+er;r_rrpa� ._ . . The request may be mark cm=m-a# g �_ r _ .3_3 _e� I is =Ch... �, -t est,mediaiiom shall prod hs or andWik pmmeauplwhich shaIIbe stayed pe chg m -c tkm fr a period of 6o days khm the date of M.Mg, tmlesa e'syed, For ' - $ lamger PAY meat of the parEis or aturE � _ t that iambed by mcabdicm, apt mailers tdatmg to. aesthedc of edf. and, M thou ij{ waived far . m Paraqaph 9,u nadSubpata tabs ? •5.3 aed ki- tkaded by arbitraiiont, v,►iIIat, a muhiallp agtae� otherwise, s _ ut aawdm= whh the cvx•s^ Canstntctian iadustry Arbitrait of the Ataericza Asoddlm mmz3dy is 7' - efi cL The desnmd, iar arbihidon in whit the other paxicyta •this AVmmeat ®1 e s 7 a! A e and Q�wiffi4he Amer= Arhdm&mA= ' as be wade iviih� a gable tirpe after , UA ABBREVDOMMIATED Alar ER- the 'r. v - �' ,� the arhi Rsaa�rtRrn awrteR- � � shall be TML acri l m -ay be it m ==is a witty ' t4'itiArTt�ti RGi{Ex�YIt;N'i 'ia aay mL^t its ilia Amelia, lnstlturo baa ib big w caasent of t6= pe=n or eotitp be jetia�., Ao atRrrldts•� ariz►'iz' ' g auf of cc to the Coatri Doa==Le ahsli-d=k C,bry, • aiioa, as Clew ltari<Avarua, M.V4 ......j -- �ifat�Dpa, Q.i:•�nnrazn ••••.•• • 'vVplaeAromed a • - i�damslL.alk+maadw��+jratimaieia�rsalegal, lb mcpetro ar mt9iy is mbsta>d* km4ve3 is a coommaa qu dcm of grm== of sant pem= or eadiyis required if =w dei: sr�=to(3)thehAerea urmspansiilty of suchperson ar is iid bmibs� anti (4) ' soch p=ooa or is.noihe . a£ihe Arcbiied`s etnnl+>}� of consztli anis.'�►e a&i&ea`t herein smaa�'» _ its ro tU Agri a lg W W .iribft 4e02MI to e d ereia sinal be sge 96ny eniaroabk midu aup imbk low in a� an&, hxw , 9.11 CLAIMS? R CONSrt7t1EIMAL DAMAGEMS (7Ete$1� . The Cmaitadm and ownerwaive claims agaitaa mcb other it ==wmw ami p M6» ad ' of � relai3ng io this Caatr� T.kn: mtrtvai vraivet includes t • - • • • , a damages bmand b r the Omer for nmW expeufer lasm of use. income, ImM. . fmaucbi& business . and mputstioa. aid for loss of -Dr. ;mpio". PM&=dvity or of;he sena of sirrll l and .. _. , Armilms fai=r by the Cnattacinr fix.p6idim. aEc-- =aimm I-Aucrmg ibe eompmoadan of wmal stdtimed them, far -lam of 16imm atid- ' -• '' pe wpdaiion, aid for -I= of gro&t• eft •prafii aras�ag directly imm the Wats~ ..• Ttds sautuat vrisez isie, whhaat on all e*mtial damages dire #n e party's ietmdmi m in accradaoce v+aih Aidde 19. Raft& eissisiaed in this Paragraph San shalt . be r3m—nned to pmduda an awad of Bqui&dz& 4ir w:•dmE i, vk w Til Bt'1 812C: . '• wiihthatwrdxesaeais afihe Crutt'•adDaaimeve;..' . %a A &ffia�d b a pmm is entity who has a dirad wv=d vrith tlm Carta=!= to - . ysQiorat-�;�theWoa�aiihesite. • ' ,• . • • 1�a 3y jj@ ►1,=,0;Se stayiadd t'he C�acl�:-�D=M=IL-may- Ur 16e biWMPP, �+*n'�,+ dS. t�& `• • - - Lm 1}.d���f�1.C6acr,j =:��•��d�.L�.E[ t6ble�.�,��ft ti�,C��R.�I�Y, zct-- 3lp��Li�t��l � tidug o The his-w�1• -�of 1J,7". zrlhLY -= az i•Tddtt:d the Lfaif m afihe &&=n.Lid= J.4 � offin � 41L glen of tith..��eyy��W��aLr1�..�'i`�h�ryC SIMn,] ani c�tar�et with w_b albe Comte: ar •! Tes�yL�L.�to ,(1LLi g..t h. ii{"d I. ltd mble uni of a*cd r�. If i e mmpowA Yui w jcl G L subs SR{�. wes ie Mmbly unable of pig the Work, iha CoaEmd Sum max Coatsxd Ti>¢se shell be • - �=med lar bribe dic% if our. occas erred by such dossers, aad•aa,aprnapryste - - ' • _ . . On Order dmU he imved before caum mcanimL of the m6stuc Sub's We& The. Ccniractor dmU riot b=•*egtd red is =attad with my= to whom the cm r-,ctw has ai& reasarixinle.objeciiauL ' _ 12; Coffirar�s behve°aths C�tradar atul� ah�l (tj restu� each 3� ' .to the a at efthe Wmitio brp_afbmad by t;3e S 'lm ba hound idihe CaaaLr..ctacby, the t of the Canirad..Disaand to ms=e umcd the Contractor aR the al lUdia m and ousiabiiies,iodadb w.-'iheresp = fi My fm m h t y of•the5lthcoatradieiWm3:,whicathe Cos>ft-actur,by the Cmdnd Daauaeats,.essumas towmd the owm and Archkod m d (z) a&ir the St dor ilm benefit of aA ngkm6=man and mi= affbaW to the C=w&= by . • Gia@.7 %IAA MA 00CIITilF,36T A1iit�1997. RRION AU- TO AWARD SEPARATE, i4.RTICt-E 11 611 RER'S RIGHT TO. P EIFORM MMTC AUREt+IA1m =Y°J#m.n CDORACTS • ' ' im The ow=m=vm `'.he sight. to Pak= caastrucdtm i wr Sao- zdm minted toil= issa}ed IM Amerirm)VIO'urM rte with the Owasl•'s ow$ ams, anitatwmaimpwAecoatr. s in &=cu= wILIL otbr pot gone 1T3 e:vr� ! +AE. wA8ta10Rs pimmmp , tLmpyrfght lava moa wMM, AIC lice T dime in bigot pmmmud=6 ' Of the Pro' . led Or other construction or operations on the site trader conditions of the coatma iderd ad oa substantially dolor to these, Ind uding those Pmtiens related to insurance and waiver of subrogation If the Cantractor claims that delay ar addidoaai cost is involved because of such action by the Owstei; the Contractor shall make such claim as provided in paragraph Sao. TU The Contractor shall. afford the Owner and sepatate contractors rea5Cnable apgortunky far intmductioa and storage of their materials and equipment and performance of their activi . ties, and shall connect and coordinate the Coatrae es adivifim with theim as required by the Cantrad D=unents. To The Owner shall be reimbursed byihe Contractor for costs inctared by the Owner which HM payable to a separate Coairadar because of delays. impreperly timed activities or defective •••••• .. •• .•-' construction of the Contract= 11 160 �en5F=sj6I- jn-+1.-•�f-`nwta.. — 5x costs; ••• �t',7P�.�1"�/4�{.Pt J• n�ei0�^� an _'1�TaSi��19�"Oe ARTICLE 12 CHANGES IN THE WORK 72,7 The Owner, without invalidating the Contract, may outer dmps m the Wm kwithna the . general Scope of the Contract consisting of additions, deletions or other revisions, the Cantmd Sum and Contrad 7fine being adjusted. acco>xllul* Such changes lathe Werk shallbe authorized by omen Ch"OF Order signed by the OWlreli Contractor and Architect, or by whiten _ . [ rn,st, „.-r;cm puange Directive signed by the OwnerandArchitect. M2 ' The cast or credit to the Owner from a damp in the Wo& shall be•ddeanined by mutual agreement. of the parties or, in the case of a Constsucdan Change Mecffie, by the Contraci&s cost of labor, umdaial, equipment, and reasonable overhead and profit. Tz3 The Archiied wid •have authariiy to ander minor cbaagn in the Work not involving adjEatmeatin. the•,Canzt -dd Sum ar mdendua ofthe Cant met.M ae and natiacondsteni with the intent of the O&xtrad Documents. Such changes aball be effected by w1hum ozder and shall be binding on the Owner and 'Couizac m The Contractor shall airy out such wntien arders promptly. - -' 7Z1F •If•concealcat of irnlmewn physical•condiiiotls are ericotiultered"a't•tfie sits ;fret difii:r '--_ materially ham those indicated in the Centrad Documents or from those conditions ordinm*' found to Mdst, the COntract Sum and Contract Tame shall be equitably adjusted: ARTICLE 13 TIME 73-7 Time limits stated in the. Caotrad Documents.are of the ==cc of tiie_Comtract. Ay mm=Hug the Ageement the Contractor confirms that the Contract Time is a reasonable period fargerfauming the' Wank o 73a The date of Substanf.ial Completion is the trate certified by the Architect is accardaace ora with Subparagraph 14.4 See Stzpplemeng Contftiions m 1997 AIA® IIj - o_ 12 niq AIA aocvinEnn Adr37a94T chair FFges Ordered in the Work, by lobar cllsputes, 5rz, tumusual del m ABIIREVIATE13OWNER- weather aOtleasoaabl ay , orrnaiadverse CONTRACTOR AGREEMENT y eatable, ties or any causes beyond the Contractor's control,orbyother ArchitectdeteruriammaYlus*delay'thenthe _ The Arnmi ► Institute Contract T' � by Change Order for such reasonable time as the Architect may of Arc fflvcus M5 New York Avenue, &W Washington, e.0 mom -mm WAalnNCt Unjtmmet phowoopft viataret u.L egrpl bt jaws and WM 8*0a the vWPW to lags, pmsm"am EO W C ARTICLE 14 PAYMENTS ANb COMPLETION 141 APPLICATIONS FOR PAYMENT 14.1.1 Payments shall be made as provided is Article 4 of this Agreement. Applications for Payment shaU be in a form satf sltdary to the AxbitecL 14.1:x• The' Contradorwarrants-khat title to alt Warkcavered by an Application for Paymentwill Bass to the Owner no later than tate time of payment. The Contractor iiatherwarmnts that upon. submittal of an Application for Payment ail Work for which Certificates far Payment have been Previously issued and payments received from the Owner sh-11. "- L,..., .,a,n.., r -an �_ning- , .. a....+:., a f,or o � iiee and dear of liens, claims, security iateresis or other encumbrances adverse to the Owner's intents, 14.2 C=Rr-AM FOR FAYMEtIIi__.. 14 �1 The Arclritect wi-11, within severs days after receipt of the Contractor's Application far ^ Payment, either i%ue to the Owner a CerliBrate for Payment, with a arpy to the Crmtrador, for . such amount as the Architect determines is prope aY due, or uo*the Contractor and Owner in wd* of the Architects reasons for withholding inn in whole or in pert as provided in Subpara3mphr4=3. 14.2.2 Tbeissua2mOf2CMt:r�forPaymenivMc ndtt&arepre mFbdioabytheAmhited to the Ownen based on tits Archffied's evaluations of the Work and the data aomndsing the App atioa for Payment. tbat theWwk has progressed to the pointmdicated and that, to the best ofthe8ttbitect's3mowledge,in€=:ttion andbeHe&the qualityoftheWadtisinm=rdaocewith the Contract Documents. The foregoing motions are subject to an Mlnatioti of the Waik far emiFalata ee with the Contract Dacnments upon Substantiae Campletian, to results of subsequent tests andt*+�on%to correction ofrnmardeviat= &m the Contrad Dwrments prior to mmpletina and to specific z al?f cations atpress&} by the Architect The imtance of a Certificate for Payment vAn further constitute a representation that the Comzadw is entitled m Payment. in the amount cmaifed. Eciwam the issuance of a Ceri Rate for Payment wM not be a representation. that the Archited has (1) made cdmn t m or continuous on-site inspections to. checkhequolkyarqumx&yoftheWo&(a)=vre constmdioameaas,3nethods,tedmiquw, GBgWMcU ar Pmcmh=, (3) reviewed copies of requisitions received iitim Subcontractors and maLelia) suppliem and other data requested bythe Owner to mbstandate the Coniract&s right to payment, or (4) made eaaminatioa totaia how or for what purpose the Caiatiador has used money previously paid oo•accc oust of the Contract Sum. 14.1.3 The Arduted. may withhold a C"firate lar Payment in whole or in part, to the extent rewonably neematyto protect the Owner; 3f in the Ard3iter fis opinion the representations to the Owner required by 5ubpaoagsapb. 4--1 cannot be made, if the Architect is unable to amtjrY paymeatinthe anmrflt of theApplication, the Architect will Caatraetorand Owneras provided in Subparagraph *--.L The Architect may also witbhatd a Certificate for Payment or, because aEsubs�quest.lY disciiver�d eyideirce,may*mdii{ythe wiole Ora pSt of a Certificate for Payment previously issued, to such extent as may be necem-ary in the Ardtiiec.'s opinion to protect the Owner ham loo for wbichthe Contractor is mmpaastble, indutlhtg loss resulting fmm acts and omissions described in Subparagraph 'because ch a defective Woos not remedied; . :. a third Party dafms filed or reasamable evidence Indicating probable filing of such claims unless security -acceptable to the Owner is provided by the Contractor, ..a Failure of the Contractor to make.paymemts properiY to.Subeontradon qt]aberr„ materis, or equirmumt; .4 reasonable evidence that. the Windt cannot lie completed for the unpaid balance of the Contract Sum; 5 damage to the Owner or another contradw, WABNatG: Ung pmnowFth+gvlofat" r15. mpy.W,3 fawn and Vida sWea fhs Vhdd ar to legal Paas 01997. AtAO AIA DOCUMENT AN74M ABBREVIATED OWNER - CONTRACTOR AGREEMENT TheAmtuim institute of Amhitects TrS Mark Ya'eAm= N w Washington. D.C. 2000"zz C .s reasonable evidence that the Work will not be completed 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 faihue to carry out the Work in accosdaum with the Contract Documents. 14.24' When the above ieasaas for withholding certification are neninved, cidficati iin will be made for amounts. previouslywithheld. 14.3 PAYMENTS To THE413NTRALTOR . 143.1 The C=hador shall promptly pay each Siibcodtadcw upon receipt oEpayment flim the Owner; out of the amount paid to tht Contractor on account of such Subcontractor's portion of . the Work, the amount to which said Subconh=tor is entitled, reflecting perce<stages'actuaily -- retained• from paymentsto•the-Contractor on account of such, -Subcontractors portion, of -the - Work. The Contractor small, by appropriate agreement with each Subcontractor, require each Subcontmdor to make payments to sub-submutmcti= in sinrllar manner WU Neither the Owner nor Architect shaU have an obiigatica to pay or see to the Payment of money to a Subcontradw except as may otherwise be required by law. ' 14.3.3 A Certificate for Payment, a progress payment, orparW or entire use or occupency ofthe Projedby*e Owner shalluot constitute acceptance of Worknotin accoulanae wiihthe Contmd Documents. 14.4 SUES AN41AL GOMPLETiON 14.41 Substantial Camplefum is the stags in the progress of the Wank when flit' Work or designated portion tbersof is sufficiently complete in accordance with the,Contract Documents so that the Owner can. occupy or utilize the Work forits intended use. 14A.2 When the ATabitect detezrones that the Work or designated portion thereof- is substantsallycomplete,theAxchitedwMissue a Certificate oESubstantial Complddnawhich shalt establish the date of Substantial Completion. establish iesponsffifitties of the Owner and Contractor for secutiiy, maintenance, heat, utilities, damage to the Work and 'insurance, and Bx the time within which the Contractor shall finish all items on the list mmmpaaying the Certidtate anBaa-�e)le3es6e-eche dart-eb Ban A& meviadift . Vma ag upon the inuance-of the Certificate of Substantial Completion, theArchitedwill submitit to the Owner and Contractor forthek written acceptance of responsibilities assigned to them in such Certificate 145 R14AL COMPLETION AND FINAL PAYMENT 143.1 . Upon receift of written notice that the Work is ready far final inspection and acmptance. and upon receipt of a final Application for Payment, the Atthiiect will -promptly make: Fuch l j inspection and, when theAwlited finds the Work acceptable under the Contract Documents and the Contract Hly pafimned, the Arcbited will promptly issue a Snal CaUficate for Payment a stating that to the best of the Architect's lmowledge, information and belie& and an the basis of pnx�Q the Axchitee is un -site visits and inspections, the Work has been completed ih accordance wish terms and conditions of the Contract Documents and that the entire balance found to be due the 01927 A t A ® Contractor and noted. in the final CertiScate is due and. payable, The Arduied's final Certificate AtA DOMMENT A107-107 for Payment will ctmstitute a fimtheriepreseutation that conditions stated in Sobparagraph14 5W ABBREVIAT90 OWNS- a5 recedeut to the Contractor's being entitled to final havebeenfullslled. COUTRACrOn AGREEMENT � � PaY� The AtttWk3n hUtRM 14.5.2 Fiinai payment shatl not become duce until the Contractor bas delivered to the Owner a of Architects complete release of all liens adsin out -of this Cooftact or m full covering all, labor; lids New York A+rcntw, N.uL P g � g washhtgtmu D.C. moos -Em WAmn am unamnsed phoh>mpvtaa vtahres tl.0 *gwdahe lava and v tlt z hiea the vh&Wor to rept pieseanNm C mateeials and euufpment for which'a lien could be' flied, or a bond n s&ckq to the Owner to indemnifythe Owner against such lien. If such lien remain unsatisfied afterpaymeats an: made, the Contractor shall refund to the Owner all n ioneythal the Owner may be compelled to pay in discharM such lien. including costs and reasonable attorneys` Ems. arising from: ` a liens, claims, security interests or enn—brances erisia o the Contact and unsettled; . .a &&ae of the Wank to complywith framenis of the Contract Documents; or s terms of speciaLwarmaties bythe ContmdDoaunents. - i4:5.� _ _AccB.O.. payment bI*tlse Caattactor, a 5tsbcordYactar or material suppliershall : co of claims bythd payer eft those previousiymade is writing and id—d6d ARTICLE 75 PROTECTION OF PERSONS AND PROPERTY 15.7 SAFETY PRECAUTIONS AND PROGRAMS The Contractor shall be responsible for iaitistmg, maintaining and supervising all safety precautions and programs in connection with the perfmmance of the Contract. The Contractor 'shall takeitaseeableprecmationa for safety a& and shall provide�en protectiwn to -prevent aA� injury or lass to; - .2 eriq&yees on {he Work and other pemons who maybe affmied. thereby; •n• the Wads and materials and event to be incorporated iherain; and .s other property at the site or adjacent thereto.. The QmU:actar shall give notices amd.complywiih applicable laws, or&=ce%xuies, regulations and hmU orders of pubtic'n6or cies bearing on safety of persona and properly and their protection limen damage, atjury or loss. The Contractor shag pmxnptly remedy damage and loss to property causediavhole oris part by the Contractor, a Subcontract= a sub -subcontractor, or myoae,directly or indirectly employed by nay of them. or by anyone for vyhose acts that' may be, Me and forwhich the Contractor is responsible under Subparagraphs rga.2 and igs.;, except for damage or loss attnlukable to ads or omissions of the Owner arArcbitect orbyanyme. forwhose ads either of them maybeliable, and natalitibutableto the Fault ornegligence of the Contract= T e foregoing obligations ofthe Confzactcr are in addition to the•Caawidor's obligations under - Paragraah 813. 75.2 HAZUDOUS MATERLA.LS 75.2.7 If reaspaable precautiaas viii be iadequate to pr�+reat foreseeable bodily injury or death to persons ie9uldng from a material or substance, including but not limited to asbestos or polychlorinated biphenyl (PCB), encountered on the site by the Contractor, the Contractor shall, upon. reco&kikthe condition, iiiwnediataiy stop Work in the effected area and reportthe condition to the Owner and Architect, in writing. When the material at substance has been rendered. harmless,NAb&'m the affected area shall resume uponwritten agreement of the Owner and CardractaG The Contract Tune shall be extended appropriately and the Contract Sum shag be increased in the amount of the Contractors ressmuble additional costs of shutdown, delay and o startup, which adjustments shall he accomplished as provided in Article >a of this .Agreement. mt997 AIAO 7533 To the fitilest Ment perffitted. by Im the Owner sha11 indemnify and hold haanless the AIA DaCWWEW. XW %7 Contra&tor� SubcoatMdors,ArcWject,ArchiieeS consultants andagents and employees of any of ABBREVIATE!. +=MmEf - t them from and against claims, damages, losses and expenses, including but not Bruited to alwmeW fees, arising out of ory-ndtk g, from performance of the Workin the affected area. if in The Am Imo Im'!tuie fad the material or substance presents the risk of bodily injury ;or death as desmled is ofaaA":hii et,;,,• :±ase, PI IFl O vnut WIL, UslumnM d VIQWU u.5 km and WM su M due vidow m f mown"aa. n�avtas �ie� al � o C "M of Subparagraph 15.'—i and has not been rendered harmless, provided that aitch claim, damage, loss or expense is dinUdableto bndilyin*q, sickness, disease or death, arta inj to or dedruz ioa of tangible property (other than the Wmkitselfj, and provided thatsuch damage, loss or -expense -is not due to the sole negligence of a party seeking indemnity, 15 �3 If, without uegitgehcse ad tl a part' of the Contractor; the Contraetar is bEttl'Ii k: tat the cost of remediation of a hazardous material or substance solely by moron of performing Work as required by the Conttad Documents, the Owner shall indemnify the Coniracmr'lar all mgt and expense thereby incurred. ARTICLE 16 INSURANCE Is!- •-The.Cnrdractac shall purchase rmm. and maintain in a Company or companies -lawfully. . autholmxd to do business tEL the jurisdiction in which the Project. is located in_anranry for protection fsom claims underworkers' a mpe»satioa aces and other employee benefit acts which are applicable, daims fDr damaip because of bodily injury, including death, and claims for damages, other tlian to flit: Work hs4 to property which may arise ant 6f or mWK fiom the Contractor's operations under the Cb ¢twat, whether such operations be by the Contractor ar by a Subconttactor or anyone &mctly or iu &zcdy empkgedby any of them. This irm=ceshaRl be writtmfornatlesstbaniimits ofnabilitysped&edmthe ContractDoetments ortequixedbylaw, . Wbichevez coverage is greaser; and shall include contiacbml liabllit)► ins' gra''"'°' applicable to the Carttractnes obEgetiom Certificates of bsu=m acceptable to the owner dnA be luted with the owner prior to cast of the Work Each policy shalt contain a provisicm that the polfayw1lnotbe canceled or altowedto expireuntil atkast3odays' ptiorwditranotim has been giveato the Owner. 01897 AIAO AIA DOCUMENT -747.7997 ABBREVIATED OWNER - CONTRACTOR AGREEMENT lInAmerlan Institute of Ardflte= TM Naw York Avenue. N.W. 4Vastilagtm4 O.C. 21300&5292 16.2 OWNER'S LIABILITY INSURANCE The Owner shat be resportmNe for pmchesing and maintaining the OWnees uncal liabihi' y insurance. ' 163 Ik0JECT MANAGEMENT PROTECTIVE LIABILITY INSURANCE %63.1 Opannany, the Owner may tegi>in the Contractor to putchaso and maintain Project management, Protective Inutility inm„a„ee from the Contractor's natal sources as primary coverage for the owner's, Contracinr's and A7chiiect's vka*tms liabiiity far coast •,lefen aperafianFundertheCoutmaLlinless offiawiseteq+da dbytheContmdDocumea %the owner d aII reimburse the Caatzactor bybaessing the Contrad Soot to paythe cost of purchasing and maintaining such optional insurance mveraga, and the rnntradw shall not be responsible for purchasing any other .liability inmmm an behalf of the owner. The minimum limits of liability pun hased with such coverage shall ba equal to the aggregate of the imaits mpired for Cbataactoes laabEty insrnance under Paragraph 163. ism -Tb the extent darnages are ca►�ased b r I' ied minagentent Protective i.fabifity insurance, the Owner, Contractor and Architect waive all rights against each other for damages, dept such tights as they may have to the proceeds of such fn_s grim The policy shall provide far such waivers of subrogation by endorsement or otherwise. 1633 The Owner the Contractor to induce the Owner AwEded or other persons or entities as additional insureds on the Cantradoes L"rability ium ante under Paragraph 16.4 PROPERTY MURANC 16.37 1.3n1ew otherwise pmvided,ihe Owner shall purchase and maintain, in a company or com- panies lmvf dy authorized to do business is the jur+sdictian in which the Project is located, WAWgM- UdBeaneed phobcapging vtatefat ns mpyelght teas add wpi eu6le� tFe vlolndrm legs p,mawNod. pdpertr bs== mlaa "•ait-imV pdk:T fin= hassiisng bmider's rbL• 3a the HmaM af'de m2- [ ! - tial C tinct Sum,pias ibeTAX of subsegnertt madi6cs6=asd cmL of mstedsis.4died mid . v inswL d by Dtbgm, & ioiaiTmm kribe mom Ptulc .2!.fbe site as amplammmd mat bw& witbant apdumddeducilbblE. Such pcepm tytmwam shaiibeaiaiataiaed, mikm othm+lvim " :ptnnidAis the Cqt DaQ.gngEdg p; a�TeTyri�e.ag*eed is wa'iing h}* all peep atiiies . vhv gm btmdcimim of such bmmmw•, un&ftmE paymmt bei best radde as•praui -ed is , s .g no pert or eaiitg otlser tlsaa the dwae hes m i =sh7e is mw-. in the �Mpmq mpkid bf ihis. Per** 16.4 to Ir- mvmd, which m is tate= suis i>I I* 'shall include mt=ds of the ewper, , , gig t ...r.., may ocaaaEachpolity shall cnafiuial apiovisian thei3lla _ rancekd or allowed in esaue, � that ifs � �. teHst. � 8sya' pric�watt� aatice lig i� 153 WAWMS OF 1f8tiGti OR - _ - W-M. • she ow= Had. Couiradm waive in rw6 mast. (fj =h ad= aE w' of ;Heir mbcft� sub-sub=ntmd=, crumb acid exuatoyer, a& cifthe affia, a r=a (zj ihe-.=kited . • . . A=kted; =mbmL,, desa&tea iu Article a, if =b arid my of ti & a t,-„t om,qjmb mad eaipiagem k dam= •raysti by Sm or, aLfia . • , causes aflcssio the edeat �bypmperip 00%ed die P iR.� ar � ': mbar vmPatybma m= gd.=hie to the hm tq_Cca _ - 'a.w P.I= h!" 3-T 4 = M-w- � m fT' tin; The dwaer or cauh W4 as appy shall ' • �q_Irire.oiihe_�tc�iie�..Ar�di�l.`s �-�+„p*kms, corGr-�tcas des���.rl••;ids�, is HuY. _ ._ acrd thz sub=isadw., fir , BB=ts acrd anpinym of m y of thcal,.hy a_Icsops - Y _. a�eemeais,lw7iU§A VdM=,lCllp•,7EqL^=a far -A&-4 d;nU= 4dv= =a, in fimm CE oil . partes`eAumer�bcreia.'I'}se�iices she�lptaviae stH:a�srade� oc on'bp' �dcasemeat, •, arotl>_-svtise. wager of sllbragatiall sbsIl bae as ie a perms sa eaiity egeu thvu # .r- •persaa br eoti -m iild otherwise bane s ddiy of b; oil, ctssal othesYt+ae, did notpapih k= pzea dixertixori iysaaavvheihertrcmairicepe=aceareat;tpba$ Y 7E A loss iasu:ed Mader ' ertr shall asi *the Ctrl*= as abd3 y and YiIbe to the Owzr m + far the as ildr i>tmmsis nmy Ha7aeel, at51�i is zeds af'aa}° a m=tg ciao=e..TTa: C'sb811,payr subcmftm:ima theme jud !1'fi,m of iies�ri,y._.Se 'pmcecds ncdved by the CGIra g�e�,i4ilt;ted'SY�IeLB;eSC�1l�d�Gi'9211d7�aShBIl��'�3 ., make pzymeais in Lh* ssib-e piinshoilar, 4. ' AP CLC--S7'CORIMC-1ION OF WORC. mr The Caatracta ga pulp W� ml bathe, ita faI tt► ; is the of the Ceazirad Docllus=%whether dis=coed bei'are or dw Slsbs,anaal C=IA c iam and whefi�er or iLd fab c&d, irked or comosta pietmL CE m s�eb t mxvi= and e17mm mwk ih=cPy, shelib_ at the Ca&mlces °'^'emp. i u3 is adds`i m to ti -. Cm*ar�rb ablio= code: meg L4. �iviiliia acre m s$ee AL4 D43Cu �t1b789i .�1--t,,, _,• -'rs. .. ,C —_ �n, ,l�jCs', s �r yyS m -. AE&�T r Teii tiilJibrF- f N 1 _ • ��i�-YL LY�le' ^7Ed81 V Te43%II!ed by the cmfi wd.Dc&=m ,- a' Gf tbe )va& b FDIl d n be na i. 7�e Awrk--i` -M-Ml m SYah the mp =Tmis cf tip CcmtrAd DamimemS, tim Cir shah cm=Ct it: iii.• ::;�;• :�r:,. ,,-... "4,'_ • 11� ��.t�l�t.Hy�..C��t7liitp tSBfL•Ri"`31iL"8 tQtGeeP.i'Pei� •. '�J25.+LC:,��I7.•'!, ; ^.:. �'IiCe�r"i:= b*►E�eSs��SleliieaeaiCon� Vag""=108v=• 5swracda,19aabJeelSs mte�aip per& wdttea' =&= fi= trim owaes to do 3,0- 11; 1 the CPR'= . prrsum!sip gives the Catst=W a Wdttcn a=ffpt=ci nr auh cnadwim The Owner inn sin sncfl nbtic pramptlY aftss dismnra p aiihe candlf;+a� Dtta=tg the we-ytmr p=W for ==dicm ' of Wark, jr the Omer � Fa =rq the Cmaitt dw and gine the Gam by I ai' as oPP a+ make the ==3 an, the Ow= --ld m :he mitts ic =U'm corm bY'the C� , _ .,,„,� nc6 exceed ifiiMCM dWPimm sagiteMMSPE as CtheFwim PtDAW iritis 8tp ! a tenant's +nnc •, '. CpF'10MDM Uzi IF the C-=ftdw Fail till naacanimmtno 4Yark timer, may. carred it is nccmi= with Forgraph m- ' shaIl be exiead'ed wish TOP -d tri i Tile cmc -yew pet3 its caAredii>it of a . Waxk First pesf�med aRerr" - the germed of time ]�i�ieen C, ira�a and ilm a=d orae Wad."rind- T,� The cae-year p br a at Work imn But �e ceded b� active 'Y�es� ' . perfasa�.bY the 7MUMA tn•ihis. rticle • The foregoing dom not Imit arly granter TI -anis 'or mare e�+t aiiikFEy Provided byte Suppiemental Canft» . Ai€Y1L'o 16 �M18�'.8blhNEous p%FTll5 omf W' A OMBiT of COF3RAtr1' N44:. LLL ' '3"�e C�G+iw�e�J' bt gav�►ed by ibe Iacr of the nia� waece iiie.�asvje�. 3s laeaie�. •• ., . � "3Ea6 � tN�i7afS a€ the %iiie concact �oauamis Dr Tom, ind aflmv ins of partians Worksegi he$ �• 1s, s; sad mss, sides,' dais or rttden or public mtw� � m shat[ , . made ai ate tete, lisle otb :m pra+vjded, the Cm&adw Sha nud~ w=Z==ft . msuertioms and apgrw� b v a as . iDr sitc*a t:sts, �! a=puNe in the Own* or with iht agasoraimie guidic azd�ea' n os t'a �J o f s, �s�,mccticns mad mzw. :'I m C�°r aIl €ire tise F sad wbe=e tads =a am 'm that lite �• a*„� C www AMA bear s� aF tis, ir�spedi�s ar•spora�s wfueii ac act uersme men's until aft bias ate re=h9a or =FHmdFF5 M)a =F Olmdcam a€ =ifim matt be. a sat: latex than tie date cif Sct Ceianletion f� ads cr # adg grist iathe zekvarti. •CcatFtilt�iaF:; , ani later thea the d inn= Of the 10d Cgrff== pqMeai for act w €s - t� tam is ad numt to tile• =kvid lots of d 11i Pdorin' of the final-• am=' 'ix Nmesumd sot 1Iiaa the date o€ the rekvmt act �' _W ad by the C adcs l a aa'. T tea. � -...� .� .w..a �.... ' • nl+ VMS iCUMW, Aiiaa r itClr 79 t:siPAI�IA�t}�'O� �E3E.rOBdiZAP i IMAIEa oetr 40- iERPAtNF�7FOt6 Fief M =MAC= ' =7aa t+o;n if the -dote' ia� to ===nd Pqm=C a' dt:ps'ihh �0 fain of i� AA= FastltttDs r arif the ow= f' S la maim p lh 6 $ f3E �j�5e t ie Sa' . s 'lei AvetBto. tom► �Y' Cm Sept addNiaaal �px•' t� ad= to ilte ow= aad the d, t ' i2F at: i mm� WAAlttNe� gbo tfsd� iL : epyii&bt i� mid eda aa6im� tisa s�mie��sh�lptc�i. ' . • Cuaniad. and secaver ttazn. the Owner gspmmt ha Wmk aa& far lase n to malmials, eqd ai taala, zaa cmmtucdjm md aid mcbsaiag xeas=go overhead, grr U Mud d—ages qTHCke to-IlzePmjer,. ' tet+ MMOIa BY 7P�1 MEOW=Mmrtmm= the Co mmdif the Com: , a petal mt4, m reaeatediy mfirses m fads to s T!k eaa& wady eln� Nia.am ar - prapermai�iiair , 'imialo xoakegaym�ita ub fo�mateda3s arta ariD a.,m a&tTm ' • �Qe'ctiye.a�mm�tsb�i�.thea�t3�e� �°' �c� mads, Ieg1l�eLiOitE ar Qoi. of a Y . mdbm y*mficH=ar ' . � othevaiae #s gIu'3tl* aEsn� of n��avisian nfihe•Canfi�i 1�aatm�s. " 'i5; z 'VVIR �}► af�e above ieasans �-tha Owne�uaar<a�•7�g'��cb�. that atiFodeit Mom eosiars 'ti) Aiaaip auk Mian, laq, wiihant =cp' 7 m to any 9dia m=* the Ow=mq base and IBM giving the CMUWM s"m teuninate the Coat afld take gosata of the�de �. � aIlmaieris]s, tbo3s, and �cacm• • eqdmmei ad =wlbmn7 " -em a. nxd by tbe' C jam,} , a_r md, nay. hi& *ee Y*z br ; ��OQtbe LiY:SiGim��wM•+w•�•x�LW��.••+•.��1'•'•.'.. �'���j•+•"• r f1Q�iab fOt�1e C'mci-osier g d 8� aFtlie �'.05iS bribe'' mw • mm "Mem iha Owner -the CmftaLt for me of the mmsaas staiBE is S arah ' • . a�T+'ihe simIla+3l.be a is �i4e•f�st1�[�ym�.'1�.t}�V►�'arlL� s"ivishe3. •' • ft thB kclifi`a Bei. mod •ems made nerd j�y. and rdher , aB=mm inaaxe3 by the Owns: and not mm. rmAZ wdwa, M& mmm ebai be pad to ilia -Caapacierr If suds costs and ;—agm =smea the wvda bel the Canza, 'shall Wiba iA the Owaec The asaa►md to tie l3eW in the Ccntactor = Owe as the cane miay I>r, • 8hallbec�tifiedby'C�ie,:trnmaad•ihts€�pa�x�a��e - • fi fl of the CmdmrL • _ Lam- . •�;�) • a • �SB97 A3A1� •• ASSMVIATED OViMBI mWMACiGR AGtiEZ A= Ams *= limfhutm • or A,ridtecls.. nos IBM dom ' - Tr3NewYbr's.Avera,� • WsshtaEfo�,, a.cn a C 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 _ OWNER (Signature) CONTRACTOR (Signature) NE Robert S. Korff, Manager Michael Burke, Sr. Vice President' (Printed name and title) (printed name and title) ' _ � duction. Originals captain the cAuTIoN: You should sin an original document or a licensed repro gr AIA logo S tS . printed in red, licensed reproductions are those produced in accordance with the Instructions to this' document. �-�►, ��' 01997 AIA® AIA DOCUMENT A107-1997 ABBREVIATED OWNER - CONTRACTOR AGREEMENT The American Institute of Architects MS New York Avenue, NX -� Washington, D.C. 20006 -SM WARNING: Unlicensed phatow"S vtotates U.S. copyright im, and will subject the violator to !eget prosecution. » �i a] c Schedule A Page 1 of 2 `� C J�—,--w-,.••••,,•-•••�••�°�=eoa.wRmrtmmmdm?om?mm \O``` ` INDEX OF DRAWINGS �N \� � \ �•. \�Qj\ O BY BOi4LER ENGir1EER!NC O'By CONTP„L POINT ASSOCIATES • BY EDIVARDS AND KELCEY TCS -1 1TFLE SMEETjrACATI0F1 PLAN - -”" I _ CIVIL __ _._ ; _ --•'. .._ G1C1 __ :'OVER SHEET®PVALGREENS ^.2 SITE DEMGj,ITiGN PLAN_ ^� 4 A t . + 0 s!s congrsa+w z-atww V. 4024,1422 F: vil.iia.m. PROJECT T ORAW!NGS;SPECIFICA11"SY: LANDLORDS CONSULTANT ALL CONSTRUCTION WORK. VNLE$8h 0 WALOREKNS' CONTRACTOR M LANDLORD'S CONTRACTOR (TV7`,.t•1 STORE ..--.•--- ___ _ NSM' ' ' ' ' ' ' ' ' ' '� + RELQCATIOta. . � t T OTHERS ........ C4 --GKADING W_A14 --- _..... OR,n!Nb.i:E PLP.N ���._ -` r Y PLAN (;) CT SrL EROSION AND SEDIMENT CDNt'RQL PLAN 0) OE L--5 APE PLAN _-- Ca _ UGHENG Ft,Ati G10 CCtJSTRUCT10tJ DETAiI. SHEET —CII _ GGNSTRUC iION �EiAiL 5H EE? C12— CCLN_!�i_CTION DETAIL SHEET _ __ _— OF i ALTA 4.C-1. LAND TITLE SS1RmmE'r t { -- - - --...._.._---_..,......_.— ARCHITECTURAL F!YTUR_ FLOOR PLAN '6� Y 4LGREEMJ - --_.„ OVERF:L Sti1LOtNC FLOOR FLAN TENpr.1- A vEAERAL FLOOR PIAN &- SCMEOULES �. �? _.� %: JN L L-M.4ERAL FLOOR PI-xm S -r, -� 0 A1..3 lg_W f A ROOF PLP)+ DETAx 11 ROOF PLAN & DETAILS^••- _ �_ T. _ ____, .. .- - ___I .� _ A� • _. 7—ENANT A rXTFR10R FL€VATION5, DTLS. ek rll+ RATt. TEY.AN a EXTERIOR Et.E'JAT!ON; _ _- _._ • A2.1 2 DUAL ELEVA?IONS _ _ A2•;iEXTEF.iOR"iL01NG SE�TtQK$ t - • A2 ;, E: cfER!OR BLUk iTJG SECTIONS At CETAILS i I t • A2.3.:• EXT=RtQR BUILDING SEC?iON$ a DETA!LS ' - - I- • 2.4 ExT[Rs0? _uu:LDING SECT!Oi4S & DETAILS E • A2 EXTERIOR OETkI.S - _ _ _ � J_ , • r..2.6— _ ENt 4RGED . LAN D_T I • a.3.: FJTcfaiQR ELEVATiC'L4$ _ paTA,'LS _ .� _ ! • I 4.3. t DQ,�RA14D '1' t�QGei 3EIWL5 A4.4 -- _- _-- . _ _ . 4 ,F�.F.!3AY15 DR!v[-T}+RU S`eRo9iz� p1!N pp W D;TAILS _ _ !w • A• � _ SoGE.. G�%a7�.�'s�,...ie� A!t.5 --„ }._ I „ _• AB,r_- llUrtUblENiR N DETAILS 1126_FTl '. ---fes- T-�-%--t'�i"" • fi.,�_._� i';fieGR 51;:N�r�.�•T --- _. - c 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 Protot a 9/1/05 A0.2 PETCO Vendor/ Contractor Furnished Items Prototype 9/1/05 19/1/05 A1.1 Site Details Prototype 9/1/05 A1.2 Building Shell Verification Plan Proto a A2.1 Floor Plan, Partition Types Protot a 9/1/05 A2.2 Floor Finish Layout Plan Protot a 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 Protot a 9/1/05 A5.1 Building Sections, Interior Wall Sections Prototype 9/1/05 A5.2 Exterior Wall Sections Protot a 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 A8.1 Interior Details Protot a 9/1/05 A8.2 Interior Details Protot a 9/1/05 A9.1 Interior Elevations Prototype 9/1/05 A9.2 Interior Elevations Protot a 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 Prot otype 9/1/05 P3.1 Sanitary Large Scale Plans and Details Prototype 9/1/05 P3.2 Water Lar a 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 Prototype 9/1/05 M3.2 Mechanical Details Protot a 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 Proto a 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 E2.4 Security System Plan Protot a 9/1/05 E2.5 Enenqy Management Sstem Plan Protot a 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 Sstem Information Prototype 9/1/05 PETCO Pisces Prototype P E01011 EB -2004-03-25 1*1 C Schedule "A-1" to the Fiscal 2004 Criteria Drawings and Specifications (published September 2003) CRITERIA SPECIFICATIONS FOR SELF SERVE WALGREENS STORE .1 I _.. .. .....t r........ .. .. . _: :-a:.,;:;:1: SHEE .. :....::1...1.1 .... ...........::.:.... ;;: 1 .1: , , err•, L -,..y;':..,:, ... .... ..... _.. T-1 r DRAWIN.G.TITLE r,, DATE.1 T0.1 Title Sheet/Location Plan uly 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 Jul 2004 C0.0 Civil Engineering Requirements Jul 2004 C0.1 A.D.A. Accessible Parking Data Jul 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 A1.4 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 July2004 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 Sin Details 126 s .ft.) July 2004 A5.2 Exterior Sign Data July 2004 S0.1 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 M1.1 C Floor Plan - Mechanical July 2004 M2.1 Mechanical Details July 2004 M2.2C Carrier Mechanical Equipment Schedule and HVAC Control Wriing Diagram July 2004 M2.2T Trane Mechanical Equipment Schedule and HVAC Control Wiring Diagram July 2004 C P1.1 Floor Plan - Plumbing July 2004 P2.1 Plumbing Details and Schedule 2004 E0.1 Site Electrical Plan -July 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 CCN 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 120/208V !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 Diagram July 2004 D2.1 D EMS Wiring Block Diagram July 2004 E3.1 Electrical Panel Schedules (120k July 2004 E4.1 Luminaire Schedule and Details 2004 E4.2 Satellite System Details _Iyjy 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 Wiring Diagram July 2004 Schedule A-2 TECHNICAL SPECIFICATIONS FOR C, Walgreens Store No. 10209 North Andover, MA EIS Project N. 050013272 March 10, 2006 Prepw ed By: Site -Civil: BOHLER ENGINEERING 352 Turnpike Road Southborough, MA 01772 Architectural, Structural, Mechanical, Plumbing, Fire Protection, Electrical: EDWARDS AND IC&CEY 343 Congress Street Boston, MA 02210-1131 C E0 CONTENTS Bidding Requirements WALGREENS - NORTH ANDOVER,1vLk EK PROJECT N°. 050013272 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 Geotechnical Services, hic. 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 3 ---Concrete SECTION 03310 --Concrete 03310-1-03310-7 DIVISION 4 ---Masonry SECTION 04200 --Masonry and Stone 04200-1-04200-6 a j DIVISION 5—Metals SECTION 05120—Structural Metal Framing 05120-1-05120-2 as SECTION 05250—Metal Joists/Metal Decking 05250-1-05250-3 a g� <i CONTENTS x DIVISION 1. --General Requirements �J SECTION 01010 -Summary of Work 01010-1-01010-9 SECTION 01400—Quality Control Testing 01400-1-01400-4 u 0 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 b SECTION 02830 --Chain Link. Fence 02830-1-02830-4 SECTION 02900—Landscaping Improvements 02900-1-02900-5 DIVISION 3 ---Concrete SECTION 03310 --Concrete 03310-1-03310-7 DIVISION 4 ---Masonry SECTION 04200 --Masonry and Stone 04200-1-04200-6 a j DIVISION 5—Metals SECTION 05120—Structural Metal Framing 05120-1-05120-2 as SECTION 05250—Metal Joists/Metal Decking 05250-1-05250-3 a g� <i CONTENTS x E6 C V" 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 Softs and Trim 07410-1-07410-3 SECTION 07460—Nan-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 07600-1-076004 SECTION 07610— Metal Standing -Seam Roofing 07610-1-07610-3 SECTION 07900--4oint 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 I"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 12484-1-124842 DIVISION 15—Mechanical SECTION 15050 --Basic Mechanical Materials and Methods 15050-1-150504 CONTENTS WALGREENS —NORTH ANDOVER, MA EK PROJECT No. 050013272 SECTION 1.5250—Mechanical Insulation 15250-1-15250-2 SECTION 15300—Fire Protection 1.5300-1-15300-4 SECTION 15400—Plumbing 15400-1-15400-4 SECTION 15500—Heating, Ventilation and Air. Conditioning 15500-1-15500-4 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 DIVISION 16—Electrical 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 E6 CONTEINTS EO 0 w Z O w a O n 0 z 0 +� o 0 F. O Q o Ji o O z U m M f-) U a a d Q p Q c F 7 a F cGd Z a � Oo u..E a F � w Q cUnUOU Q0 w 0 a U Z C7 s < F- Q U W �4 F LU CL LL Q O rn R: d W Z 0> w 0� w � w 0 Z ¢ z 33 > z ww Vl °N° 0.01 F- � H w 0 0 O a F .� U 0 cn z d O d F a Ui M O � N > W � �D F. °z BHN ¢ j 0 U F� d z Z U F, g°xz a z O v ti 3 z u:¢w Q N O O v a O w F- U z O U T m 0 0 0 0 O 0 0 0 0 0 0 0 0 CD 0 0 Cl rn v v 61� En bnbo�l O O N 0 C o G J T O ro C.� a 07 I.L 0 C O G U W U EL- LL) 0 cn -0 � O � U o a � 3 � O ti O fK0 ' � o E O r2 a O y ti U ytl 0 p T �ncnz 0 0 0 LL N 0 0 0 0 0 0 0 00 0 rn v 6n vv ds us 614 LU (7 Q z Q F a> z w o 0 M Q Q U Z) o�w `aU oWU cy oW aQZ .. WO z c J w v � uo U O a Qa 0 E Q v> F F w M row= zzU� o a W Z 'E O w o a d F ^IaUW D W C� 0 +� o 0 F. rA z Q _ o Ji o O ro P O m M b Qcn o U Oyu o 0 Q p Q c F 7 0 w F cGd Z W K O o+O O �° O U �aUwe Oo u..E a F � G Q cUnUOU Q0 Ea -37 IUo C7 s < F- F c � OOQu� 0ZUF- LL N 0 0 0 0 0 0 0 00 0 rn v 6n vv ds us 614 LU (7 Q z Q F a> z w o 0 M Q Q U Z) o�w `aU oWU cy oW aQZ .. WO z c J w v � uo U O a Qa 0 E Q v> F F w M row= zzU� o a W Z 'E O w o a d F ^IaUW D W C� m O 0 0 rA z 0 0 O F U W Q 0 0 0 0 0 0 cn z O F Q 0 x Q � b 0 0 0 O o O ' 2 o U w H p C C -Z; w o 'o 0 U x to G 7 o z. Q ro p t1 a U m O IM o o o oOoOO O O o 09 po Uwm 0 0 0 0 0 0 0 000 0 0 0 0 0 0 FQ� w � � LL $$$ o S o 0 o S S 00 o o S S S S S S o W O gS8OOOOO O O O O O O O O O O O O O O O C0 Oo Q N o o N N o w Lo o O o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 U a U p x U o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 o 0 0 0 q u qu77 a o o o o o o o o o o o o o o 0 o o o 0 F --w W w o a N r 0zoo U¢ J 0 0 o o o o o 0 o Q r°�m LL W W d F 0. y000 F f a q o o 0 O o o o a w W r = r a o O N o o O U 0 o 0 o c0 u>�Fw 0 3 xU+ a q � a " a °i' Q w qo w v, 0 0 o F � 3 O. O c 0 o pWFG �zz1 {,rn �a u 3 0 0 0 a w 3 F q o o 0 0 o 0 0 0 0 0 0 0 0 0 0 0 .8. 0 0 0 0 0 W O o o 0 O 0 O 0 o 0 0 0 o g 0 o S 0 o 0 0 o g o o $ ? j o O 0 N 0 O 0 N 0 0 0 0 0 0 0 0 0 o W 0 0 0 0 O h o O m N (") N p N o p a U N s Q z 0 q r r Lo > w d O LL O Z OC ° O w O Q i z ° W U U m w 3 Z O y U W v O O a w O J' - q Z O Z Z O Z O Z O Z O Z O Z O Z O Z O Z Z W Z 0z z 00 U Z w< O O alai6 G U m V O N Q W N M V N N P dZ M O N dd 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 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. 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 (Attn.: 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, 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 0 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 O(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 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. c C Schedule OW i O WALGREENS NEW S'f OgE MOO RB iEh i 8 IP foli°�.�.�m� requh-ad by ms foring, These &;;a must be if3taigt�s a11:t�rli r, new stars del'tmre =l�d� before lhe.proposeo datece :. �+ possesm3ion to Walgresrts• It is hoped that ocrnpiiei3ca vm►lih'this cttm3� will assist bath the Owto and Welgreem in the ean"rlent fDcbjdng, . mem anching and opening of this new VVaigreen sim,, . • All permanent uMes to be ci3*eta, v t.mei� Insiailed. Any unity de osb �• ' P lite respat�abiiityr of the developer: All wns&r dtiari debris to'be t•emaveid. Flcars should be broom dean, • ' The roe Jr. to be dean and ft a of Ims , • . ' ' 4• _ All doors kre, to. be hung vft apprap bardNerd • eut�ornaiic au arca doers mast be tnshalled and opmerauonaL The , ret mnt r[ Lst be comp sand the twiid'ina sm34urE. . . All `aVO!ged ImncrM`,e loors:must be. fid. AH*floor tile must be =TIP!Btk Wall blase may be trtsialied.isrpossessiorL . .7- AA caiift-tg work must be carnpiefed, . •B: 'AD pamu"ng and vinyl wall covering musc tam completed. �. ResijaaMs must -be compimete, {Vilatsr heasm energized,- peMans • Ins�ej, sic) . Fla PmtBaOrt $}{stem to be operethna],' This Includes any and all . rafnuts. systsms Cr system monifiaring tat may be taguf ed by lacW , mirky. ; The HVAC systems must be operam-M. This Includes any and all'yat . remofia.ems ma??.regui[•ad._:.. __ __ ...... .._... __.. __ ._ .. 12. Reirigere lon Mlrbs•and pips chases tarwalk-n coolers must be >��. 11. All liBFtiing must be bstailed with the acemepflo6 or the single stfip ri lidghts an 7`-6" mS�s. A Vltelgreen representativa wilt advise_an this. 1 The s�fi'f M143t aril awachted fnne vaifa earn �i : 71-His devefrsper'� a Taal c�r� r � to �va iege rafaEing to Permanent e! This includes alt PMw dfStrr"ctftn Wels P�n►er>�tsf•tae �A�d. • PraPwIy l�lerL all d whir 't must 18 wired and devimsend tf�e as not carmen to Walgreen sppiied j P�O'9roun tt9 of ail panels. .. . . is LAl1! Cie 11@, Se=eft KY Mutt .be it�I t cable and M poli• tsisphorte 17. Slgct . it LMt be. idled ready. for tl-t6 sign insbiler: • • . IS. The building ' • . .. • . carnpieW iriciuting;p g lot TI $add Pang aa must tae =Mrad Sat` cerin` 8• Arty IM deft . tir rn aawpancY must be ,�mptefis, The exleim• -' - This linclt ides sigh•!@�•�' uuinder � ply and rastiy for sigma, . Pyr accefis panels •. • • • 2'_ li is *acted "het goad relo . • buil ft ft a and oilier' 'dons have b rna fried wKh the lord . • M. Al! e:rt sh uld• C Haire e cerEm of dccct�ah ° bs mane to inform the Walgreen cY ale possession, unabis, ease - OrC 8 came is the s of the c ' upsncp, CerEmr�is of 29. 'i tridenq'of title must be provided to-Wij mart's Law 1] Pwtasnt . Y a MISCMe of occupat�Cp k ' y be nofried•as soon as nc:ss�Iil �uhd to blasm ng ftx chencfis4 WWgr�ne n�tis$ health irrsae earl in the job as tc the lora[ 1 dbIo.•ft and . . • Y PossiblRy. . 7hs deveiapees 818*IMI cbnireciar WE work "Eland in GinvGP with Weigreen . construc Uon personnel. He trill provide sWclerA eiecbt' olid material upon' armrai ofUUelgr 'sn SUPpiied squipmMt so }fllai Merchandhe & Openirtg sd7edule m ms's nerrna! FIxtcn e; . the Wslgrmm represer>i�iive�s_esse> rnair d Pr pets �oarciina v- , U. i'WILL BE UM ATTHtr FIRALWALX TiMOUM M ITEMS X4C0 93'3. rx—. m �C'[]1�5 i7tile77i�fli 4tE�17tR£R+I�',� •. ; • ' • ' The Dcvolupe~ and +General Crmtractar shall call•Waigteem dila =a mclarib itrs 3 e'm%igsc%:ri s-mai'zo. ' saita'° sign fsj a9 saoa as the siro Ts aecapied. list siga{sj s5ail 1� v�r3e at sIt tkts�a�d �n ais sts� adjat�ffi . • is the she, *Tiro sign(s) shad be brEtdW at I=& 4" ati'dm pa" i's�nde the'lyalgti�� tmnaavciirt>t depatttsettt vsllth the tae, piiotz; ami � .�"� CcaeRai cumm cr and tht She s4mi=dmwq mmir, phom antj fu ProvUdt the peratantat building midr= to Walgrt= is sum in it is mave • . . • . Fay wdWy cnnwu:dm update to 947-914-3M7 ting fire =died fog. • _ set ni•itma p=3e cr4c int nrmhtgs aSpwrfaliotte =Idmd on lint: f obslia,•C�x she dieejtsgm•'9 ' and itee! for a cagy, . _ •. • . �il1e-� stops are w be sm=cd Srriin phahmtstmi dcw*L Rcmove all teatpordry FWW End telephct i'mai and path. ' . ' • ' h• A=n tits fmudadaas are �„}o , showing vbm sbs 6mild3 lh mmocir, Tat iii* *ED MVZL in pavcgteatt, � Ord&-walk. , . . _ _ Tae bnna"i�p rart>As shall'have a.ma"mnnsa�itpe of I:13 Fist' a typir:i6'•sa� pad a sidswa>h � g � • , • siapr of'� ixs foot s�npe, the tamp tiny$, ncl to bs g' Iaa�'Slse sideilaressball>save a • � ai�l:�l7". � , L iaszai'luhr_ardin ratngs taararda �Q the paa'ra_mrg areas. lite rampf are til saonn6sg cels hs-�r.]E e5 is m*e. =+cad ==cm tttet'= • , . • , ,T..._.......• t :"Wramlix Ad have toa&i cam mis joints. 'iv tial jamts ms wx siimw—A . :Acid dawn bqoviranicial or nut back =p msic t,jobm =r h=ll mF-kT4Iz9 caall-L , �. �P4.mi= any dmmagcd dt}' sid.-sval[x kven if tm dataW acatassi B-ui'ma ra4.4ructt=. �- pi raft alt the au M=d cum atis. • ► . c •A R lie 2C and eio vm4 y , r me ddT. am4z= "1x at host a' •wide (cued to esft s a. lama aIl the bc'Berds rad dumcmicum pests 41mm cm The drivt-titra deta� giea,13e3ara earner tiaBaris s'stoIIld � ` pratvcs thr:=mcm crfi a canopy Arm tiuee „ ' a. tical a!! the witu pm.ka kw (pipe; eandalty, Q. meal] flu hsadinsp pasking N%m directly tm &r.,buUms allw9exT y I*' ell tr=ts the sLi.- pts . ' 1. if it handicap signs must be installed tm past:, then shag h set itt k Wod tft a srti m m of T m f battsrm ortim sirL . • ' ?•. Immi t o Nuf ml &=UW starafmnt paekags v&ich nrcludw a recessed gnat hattdtc nt rite 3�t bar of gm ' ' cnq duar,'a ccm=ied WN cicaer, an "MiTi5ti" decal, a "DO NOT Enlr demi, and a txoprd aW�* . cm the ertetitu'tu lin exti dttn i mb st 4% A.M. ' 3. Install insulated gins in the buWmmd Wmdm and stwj=L lite wtlg W glxj alkmral i5;m the dw kgv�, • . iii t>aher gig i3 � it�alttt�, • 4: Iig'vcaWc b-iustalhni;•use hmubta ghs onlyb-dw baUnd tAidow– P=vkk Meat-% 4c7ilndL •. S. To stprefttasi bmb* shun be meted ar caiiv;i i sa tm ea gaps are ptcsgw , E. Caulk ararmd the`mim'iur and =mriar of fim dri con vita ow, 11. TIM sunpfiOmt abaft Im hutalied aver lbe dnpan and many joint st du sidt~, tits scab.* idevel jo.ha at the bottom and the drywa6 and dryvb john Aube mp. . 3ia sewriry jrM tusnum shutler,'ss instaIied at the eauaace, proAdc a pow= oat cuter caq overri& tle;V, t orb . r*c pyion has a amuai rraderind,-iosesu ==mrMft1abm _ ]Dea the sign i=Ra u paint thr'tryicn poke lrcW * mad gromad,o t w& The pyica readeeiro W , ;antral b= dmil be 1wuQ = the cmdde 4tT rite now= paha am bet 60 paha. - }raavida aces lar the instalhs�ian and arahum"m of Vaig =ft ign bw10 ft =+ IM. ` s�R wail signs •wida plusde trisa spnc�s ut bald pig �gw'.a� cirm• ai'wail s�uia�. ' �st$it sad not send the attd shall ire t'isi6ie, tact dtmt�at. ,israll the irriga w �vi$t a sa wdo -warm• meter. Insmii dice irrigation ccmtnols in the bwhhm• .t Wzcd citrih b re:Wusd in ag Wreas•nM iM wo d awaa'shallot meowbL . ILII airch"tt' bath ild lEi 3" dCg, ' Do ug %amu t* in the ltthftcsptw� • - . Itastsli tram shhlds averuc.'•tcricr servitw and tzccifg daats. i Assam grand thtd� rat the ti�dtnld of the �ecei� door. i�iae � 4Vsit�tt's thaal � - ItMU tae she N attmti'ing to tft Crmm tie tap ark %k p;tle byes and i;cihadL 3i the iwM are Nat craw== €sDWJn Uagk p&bmm vft IV alba'' in the palms in =MP& Tod& urow pdM Mttdw as the doff pals. 71 � tttett; �0°� 1ta=iii ;tad tQpang shell art � ttr i iiej8 pa't�, • ' ]tsstali X"the pbnss(tn p .mc ;? da' atsj baitexi to tat omy. ` F`meide a tip tr tutirettveen the downspouts and stot:ts sewer lesdztttVw eoiorto =aten-pw. .�,ssur the bieu�ss an the stxvic th>� shag 6a+ic.sbit gins utd ar_eri�y tntttir, ` t Tito W itt&ie I=d aad•Wantlmt control -vai ro bones shall In est ort a so tiaq vM not 111,31ir �v�lOcsd pnsvrr 3itta r3:tstt out I>c'�taDed. Elect to thelmBdmgtdta]l i��l>ed � � ' other poBrer'kna sib Ix te�notr3 maemd � All powc' ibas spa be at 1-zd lad fic�i s3tm jWMk pais. tL-moYc ral'sneiP ori from t}ae storm sstet raknnu wrap M—qq usp mgc, im•ca'r.L: awn wap ' zfjpuli ' ZTD=d the sahsmt. 33r cdmatts Bsaps sanp twat have a hwiz 1 jolt¢.►, • ' . i max 3asmIl zhei3ir�C sagely dwhsw sa>� to dao I& rum=•; • - -, . . 'is uei�irAC ti�musexrso$if 7x acgastabie� oppasex3'blmle dxuspa:. (}dmgiea� tT a __ _ '�=t�-,ae', ..i+dom�ihei�l�Az Lite tat sea CM gd titre teas unri'a� oit5e eoimm�sso thrf ate haat �►ss�l~ f a �aaCrtsr W= '�Pots'the icrirvc t p wbp Wft *M snorts =bMMr. Do nsd �ea� R aes-•d can , : � • '' hist a-M=ccat umscr for doe ecn:avc ae r bjr stain lam sheekvorarrs, QZ�tmll 94mmi nd ti =ftcW HVAC em= wbh.TW.. iaR i=i ==ad itsnh� Do nut b0im Wmnd htsotaticnar docs 1=bde the b=* ar*o diff, . �. Paitii the retant alt doles black �birh are: xuuTole ftgnt fire sales fta�. .. ' , � . . ?. hasaaiI @frau Na. M gage wL a itaagcra attaaiaed al dia%anal earners'' tan cae n a& i'=MM in all sea cetrnw pa' the €:riling and hada I;yassms r*,.,�,•,.r+�m Assudatjoa kCMM) ittstsil dbu gttif �m bitiics ' on tits Rod=e Ceiling P* nate ir- a• Fag rS iWer mint• expos Gold =mcc u in the =Tn% grid sbefl bt W4 G*wbq i • Aepba= any dt mgrd =Mq ilm L=vc 2 btmtur� or =ft tiles is tic state,, 3, lipatabuQc lenses or.. htstaBed in !be photo +catTi�,•itmoail 1LLemtmssde daa�a, • • ' _ Uall drtmll c arra] jetm a tnezitntmt 32' an antral an g j waAsincfid'taf b du stackr=L in tin'tai q mm, tau comWinix shall ge *=sh the ==bead and wder the wffit ?sial dte pm!t'* aft W211 dem � - tc nuicre•,leiat•io Ihd dci:gL Cm.bj s tgD i Gjjd`au of eadt end pr#w Inrtmot-atu =, tribe oh a a=Wff t iii �. Install btmc'm$ is s1[ sales area scfids incluirce the otos trt'l]t W.2 3i&L , S. ,Amore the dtya A h But pfd trap, S. A== a don, sm 4sk cut Ihte at the•cdoe ardmsu itL + • , . • Y - . Stz's 4 the -A* ilow I& In mt si =Uting- 9. IMM'Il red=w strips at so Haat VI,7110 vain a ttm imids (atae',soota dam migeaestai'aai= areal = SI. 'ihe woad dotes dml- is pained on ail s:a sidr, :I1 acetal ig%= ahma be Wdded. 1. YnsraII atss �. Il�il "H" a'� A�'�it "wrap at�d dorir asige". , . •. _ tvffi= � *_- sazeatl'iy • . iIIIRDt'IIw y rxuvded ]miyMymnr acid iiitnism baq kstilat m eve3� • .. ; • t finea is nl� Issuhi6a are Lm(gc�gtg6i;. " �"Y'.".� i'a ted i mai E tj jl6iW lila j the tsagrd sides !a&eflber•� lmG � Sogelhet; t�[Htuai� ` �•.thc Iittitcimg, S. Metal{ the apecMed lbvh XrAu ru dae p1mm dult'. ' • ' • ' • • , ow She waste pipa>g for lire phots balk altall b; � .' , � '• . 7. 3tmescar = 62 e.,ht ihn v the I . �i � prat-�ia� iaslsa � %a avcr•'dte i• i� plmm . C° l i• itiw l3277V1! pmvj& UffII• •• ' . , . •mil Yl{Ij�.si Seal the elcal Pcmcmdmm tIttanph !be Choi==; a e��'aiL�.`T6isinehld�s:•a �•� �• �I„ [anfustt the � a7a� ,. •. , � , ' •, r ism vita ie , and the Mdz' • s Itmtalt du Baia Hae i,LmW as die •s'a&.in fit'=Mh=te �a6a 3i > ening • . Z V116 ail m i" nt rite wa ,,��.. �� ,�• �•in caah:r tv tine z� dock Iced � r7the �, S • • . t •P'1 �c�h�b up" end mea _-. s jaotitmmq d=m • e 4. Br.= the EH7 = ar C--T• ' � � . .5. ails t ui the isage a sar3taed'i•.3 • • .•*-••. =., ;IL Pmv�ldm nira ar�od the it5eaaid poaoamai c, tine or Pavia i�xasa aw at die e.Tia;, 17. InsisH a 4" Carse behindt8e drywy$H ;at the 3si�dCr drvv�tbty tE. �lm iiia isismft iau CIE*r. dri iia a wbta +• %s 10� oalt a ore i�y� 4 s' lass s� far the'=dm loco- i � 5W aaly }x= iiia es the wits . i�- �>l tine i3ti,a�ia,c � or3c, Tae imatcaz• shah tint ' ' ' . - .. . the n,by Lama. Mmchime � ehi>� ' � t+rh= a W • • - ou the vraU �boere triter not ie tle give as : IL ImmH d= wall xiopl co6c'vtrtic4 =W7tz: nd in �F f� ' ' _ • . .��DO .47IF1 1:1Mt� .. • �l, 7nst9IIbyet,,,idir�pwi�, � •• � .' aieaP stgmge blein'm"ng ixai� lttsulat` lFre Ie4atpl7 dr.tan md sappy Mm p=.AnA+ iacipdiitH se the cm' �. hlsmll 'be ss kdtes mml umh cie lrtshe IqC aCt ,R jw am die ERF mcmziyto the dryWWL 4 Intsmll the eeaMnk base with die . +all t� ci'lh;r. tcp and bAo tital'hlslail lire 7 t:suo tbt: jaial itt the atztlra ol"ihe•Ei�P. mie; the ER I �. - Inst9ll 3 8heivrsit! !$e slap Ak t iow - : •• • ' °w c I "c-adid cmzevmd cinz$••wiih $1vGl ed mdcaL e}eI %ame on be slop .sack t'm ng aol im9mu a MOM . aRlnstthate the izotarid cdld.watW Incm; aattdessmle drams aBd M;'4* ]sags whit �rsta#Ie . •• . ' . . ca iwla 6u, not M=16M. e I I,Ati rhe V'=54* liter Shan ht: copper• and �stal6ed shave , - PI+� shall 3x blot ila pj. �s7aA :`�-ti bo7ail" q�e•dq++vaiI an 7i7e plmmi7iag 's+alls. 7aW attusdty°valt 7iID>� � �" •l'3'Pe y •— _ . .._ _ Ir ntip•prjm= are =9014 hm a I mm in the •woke. . Assam gial *c {t7>in' drabs aC7nally haadtm CvcrAlw fm= tlm"p stmuZI"i.bull A,!q= al d7mttnme ad %our drams to tz slush vU zduu=ffln9 fWL • ' ibc - mar pr� c:=* 6D M immil a ptss w"cdu7deg wWz ne the main dm i=dc =Y6 5= set for . PSI ' .]RMO head MR tm imoum par6fmas, .Seal ad'dm pmed z fim7ra inciud`ing the walk -m cwimrs iiaerstul to 4%micat roam ila= ' .NIC the laeatitm of the mik hr l= k 1ht s17srkr6MZ . ]katal[ *X h9WO as 6= 15 acts U= ds�Ma= 9m til tlu bu133ing -pWder fiats must hr high eanihh 0 &-7 & uat waft VW the ==aWulm m ad ..In eil Ziie =ift door manual t itinim as iia cm mill nide aF file lust-31ei.zaMw (i73, e+ate ,; . • • . I dnmaii ;na bea4ydmj► sii& Mehr azt the tail-ftpteseiving dual ba icily tt�gege lice bide , I.lrmeii+�h�ytlr�seinthe�ec'�•'�om, .` - .. - ' 5.iaslell ► aom•a•Qv=F4- and =dy iivaa•abeha•sc d= dna. ' DTI'- iasisll the ilv;AC c7mulak emegpq kha, rAiveit swhcb-- is arms vb= aha wail sliewbr.• ` is en bE hssmIIc3. • • 3.•un the krivniemt sysseal 9=u& on end= ry' 1—.'and eke* *hs cueaage ens ismdkh oi` On spdzdd r heeds. . lumen a crop=q In do ksptian C= cls listldg; ihn xotu s So tmats dvmmicn.• • ' n.�741Q'llle �8'te9 '� itPhL 71W3SCh� eu tln ascii � 117E hiu�,ca •� aP� � � • . r_ - . 1h aUSISE In ilm M fi cdr= mt t0lm 170fi�6Vl . ' a 'irSaea' A"s h''�AC qty gs9A'tu the n€ lw_- ����•�,,n':�,tBA�ihC•irfas�'7�JQ7LSt ,' , • • . =:L�CC7 &=jCS Z%r i17Qt7'10=4= (L,-- � jn=-& G C&02105 $neie7Tnjphvlc and cCi=) tsal ' r` � ••�� R' +�r' �` 9_1012:—x �RCPGMW '14«7'7s =upk g= racaa S1had 7PV.e� a� vwhcUtd GFJ AuFd= rmcpt7uit vitk,a pact I& above;tim =Amwmp. s� ,� WnQ7• �TftY at»>li 1�ve a ttat�. • ' �.iti�ti a'iiierusm�r type I9Y�4t: +snPl?lY ��� �P;raaia• ... •.. ... . 1.,ELTli1CAL ` , 2111 brim *cNadnaal Aesomt lfdmlg 4fikTa baths and v3ctraniahallass;. _ =less E 117e1da6mW a =ta rwk#q=. 29.Fcllow *9 E-4_ serirs dmwklz fcc Am =56' �pw »t=wpm VMEI. - 30.M NOTTROUGH THE I.P-L'll: PANSA = . 3 i.Tna LY -m dkcd s W4 w have spEr.-- 3ZT k Main Mu&j&m Panel mast lh fab: type jcol di Bait bmaW and )mvp 2 *sr. disconmp, (Q I W sae@ mid Ci) 2m -33.Tha akenieal pamds mol ismmimlt in 6reak�'Wa 1•R•�haled ;•�.� zhc d an the pyioa riga is Biot w w ei77: si�.paae�;': •, ` . t•a '2.5.-h mil a tlmaisiorh am lbe sign panel whh,a•phPi amll and m mtmi vvc,, ids WO& Tac `flu parA 3E,ittstaII engraved pierce h� am,aill tiuZel�aical paaele. • . , t . 3?.Seat the c'aaduk 9l for tekpbaae wbk antraar : • 32.Oaiy install cwh re isle elontputer.,'saicliise cgnipattah tekphorar:, and Hake' Crit pilo limiter c3rrft lr. tt • - l..Y-C� per. ' • ' ' f.tttirised r>t 4 are 4 ascan lxk-aes 5�rdv�re oa a saep li i+c, ta�niga<atlmm:ltw mi3 '9� aims; tluu�si night-Qgbm aril . nem drmeids in LF -M pm* s�p•�ide semi b••••••�, tylud ss�ae$tll7a fbT»eb deetrkal�E. . • . not an N Om cmdtms sial[ be a mimhmm� at`'!4"a ala °fs 7s slinased, ,Ii�iC sand iR==cs ante ti i. ':le=e an tate qw: conmm t6 the mdo% met:• rte LP••t"A aartasiss massa bttve a seperr¢ boo tteental mad isolated• grounsi� }ealled'iar eae3c ch'ece$. 6du3tipla '� . r ' '�iiis$ m sdir aet�s trGthe stone (;ylsdq ���,P6aaactu�ut=, s'fia �°� � � �• ' =tnbatai im emc ca nduL Do trot e:t mbhte ebmn and �, •. . if PVC Mid* is used is the 31mb, *=mug be a b000mt; good far each esmdUL . • isaiatrd;=w wire *H bm F=with a gel m trae� Me, � eas$ tsf tita'was is era: • , • •�' ' ' ,AWft ihat tits ekwicii aet3►isx ams a ecdttttdaal pound { to ta►mg M-1 �f * ,Tiwrvi sece bA= of the marcs of Umad It mud In JUMIA the walk=bt saal+�, X�air�n enoita,haler, Qiumieat� aigo� t�r� li� t;md �cm'e:%ctw�. Tcrtn`taete the sdai trait% (RG5@iJj vrith a BY+1C eonaektbt mttd the shtg�e ptu� duel;: AVe T't`} , • . a il5 spsar lug'fw ft . With �itvy ===at b„^ sad ielsr� wQh lice 1aat t, , I.60 nal• htssa7l specs In the ptm, AR,pmckishah neve 42 cb=k brnk=;flstalted. � brs ahsas s3>al1 im. 1:11med discom cc:m at ;sll the ra rlwp tmim bdading the inciff idfm= camel cs. AA the c'' Surae stta9i • , . be wnntbsspttacf bmib kk.- = u thm ptevmt dos. darn, viaea'Etc te�'-ba" positioa.Tag, . �.e;.•,,,w,.zta S�l%pE>L CGS�C�' �RCi uu., �i �" Q3�a • ` • � ' , . 1g+"�1 jpp7 vvv%CbGS baa O1t11 'C� �ba11s I$59 � �Cj'�`� [7GACidi F�• . -: b mli ms:tai =rvcr pbates G■ U the %bdm.--is �9°1f43V.. the Read � Apr (I3CIyy 40phrn$ VM Awd to lar V%za 'a' 17W a xca i5.1>:ttaat! s mtasierdsd � dtxirne'il at tlte,reseiwietg titer -- , I" the ti hm AmE be Fr— ofutty n oas. t7.ismnatl tie sWCIVCM Rom a rinse to the bw jnlsm ;ss pesmbk. . 383 *c amim apt *mTwaima ba GFMI==%3' nod"taial9&.*t►WWantes?: p.�c isnlaced grained mcepmcles sitsltbn Nabbell mtiy mtid I in =ferz* (ao S al S7tc laaasieat >rahage stsa�e �r�r?�c3asbal br Fm and t s ym= only 2nd, s�si � t:�o%t oo$y {� i nd sg t im aiaaA-bs vm Z mplotlmp at' el:bicd rage crm an termiasts les prevrai ae�ad�l Icanuct with *cjmcthm tux or muM _ •: - �i3;Aiii•.*FIAC ttnw wbing dmll br ffId sMddd wm, RsD IiA.Mc trot Wul eta}►peamaRim R•iibnt r oCdte:m2l ' 1 soS:Camik•ao4 band aIl urians sat pcumlr• • . . I $633 mil tt ficqmwrkvmblb fir the ta0i; 1 d72aba sll the tLsior l5 Bins and itesaali nmba gmmmess seek: t'E'ie ges But chola lite HVAC tea l 6.IUMU the m mral Alines inside the bu Ddin ' MA rand tg the HVAC mmiM I tivoc nal gepmovic them HiYAC m nim vd& tie~, gxs or comdszle hm • • . I?U.htrlsQ• h -VAC ri Anes inside the t� and tbtc* the plrrinstalle:d t -wt s in shi: tanffi, The g fuses sly m IIu curlyathrauo the baa m m#s of iba HVAC malts= WQ shin zff v4m aid Hiatt enter• &C noire» the psiittes shall tmt amt==s WIth the tTrmml of any am= pate*• Pad solid around eaadm$ sad paging bM height of tt:Irig m&n card wlin Irm&w buses inreiat`imtt. 871. adbeai$e. Do.no! uset3nd tap~ to s+ecnra sei'r ! i imzdetiacd hl refi*m sitnt.ck4 �"13.1nsmQtbe i• VAC» nits Irval on die ttmi't. . 174 Alf dee HVAC dura cil>awa tdta$ hate uttering trt 9 end ail the is sad hr> it detras shell 1ea9e itttain$ 'ears• . , . spQnars ad a�jestabb: damp• ' 17SJn=B the HVAC t;ondemsate oiraitm with elm COM -Rd -&-V= Lail Trent T•acitselC&I inG at gzkw 4€c- fmrtbeCtstgatd• 9 , ;i�" 3dRe�lsci Dark w :wq lbmmicrv=mtum to theracts= tall Balk pads as the toa!'�rannd ailyt�itane�uwmt:d,; .. _ ; ... , .•• .. _ _ , • • ma radventsw res dM& , mt dlre twrhuteh, bdda mid nigMa =M' . ' •, ���ia: � h� an tha �� rem $tdnc%g the slesaiml +amdufl:, �andeasate . �erartlm #dpe insclerio4 tie wtaps,�e, at�' . rb"gw.ha me ia+re3. ping ahaII its a3" picalt ttr�ttl tots �• - .. , ��. moo'. • • . _ ' • - ' . ', Zb4 r.& si>ali bm drywag ae erie si& m tiro moi dr.* =cq% the phaa3irr cbm wall sent tae lkb* 'Wmg V84 to dm =%*- TL- ins midw aimll •6evz tiryta B an ba& aides tm ltre liatteks�tall� al pm al *aiila ice,.midle, st�l1 sumer �a aiie�s mid door � � ' " - �11 awhwwbm& mbmd moituimg sat,' pea heads: ssetq, acrd afaead' . ' , - ' • hm-cm=cA-zbdm eltrvef.andsmeoth.; m ►Slam. l er�t .lsfecN Td `. C eo»te ply, aad � a�isrc rr�5 sasi•Z=l5 miairnerm averal[ cmastass�ta and �sal5 taad r1�169 . _ at� .iia dzm i e*mmt m nao *=ing z�remmi Istise re�ans ny ui flu hnc�tsi sad BISc iaaa ' . z w.Mm eya'rptaeat abslli a taaeittsed by 5=*y Ludt. Tm lmtaiord tt;itpamig liters -• �dcd irrmor�t�, � `u* z n=kd spruNcr ha 'shall bo i:m&d is WTais •. usra dk lem im ail at e�eb T COIN_ •- - • , WM baa a Gra t :e�oatratscas m contatrt persea,'ad taiit$cst ' 3'-avPne n ��the ii�►%IC Test aac�isae: s'�c-.'trxr�, , . _ : t - tynt =ud Q moa mom, . • ' . •. a 1 i m La the Notice to Proceed (to be attached upon issuance) ' ra Book lid. Page 7. Dates: s1191D5 d a I a. Date Notice of Intent Filed b. Date u ea Public Hearing Closed c. Date o I suence a. Final Approved Pians 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 Title Sohler Engineering, PC. WDiiam D. Goebel, P. I— b. Prepored 6y c. Signed and Stamped by If�'06 1"=30' d. f nal Revislon Date e, scale f. Additional Planar Document Title g. Date s. Total WPA Fee Paid: $ 800.00 $ 237.50 $ 562.50 a. Total Fee Paid b. State Fee Paid e. Cityr'fawn Fee Paid �.Nparams.ttae• rev.3rimS Noe i are Schedule F-1 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 A. Genera) Information Important: North Andover From: When tilling t, Conservation commission out forms on the computer, z This Issuance is for (check one): ® Order of Conditions ❑ Amended Order of Conditions use only the tab key to 3. To: Applicant: move your cursor - do not Mark investment, Inc. use the return a. First Name b. Last Name r~ Company key. 54 Jaconnet Street d. Malting Address Newton MA. 02461 e. Cityrrown f. State g. Zip Code 4. Property Owner (if different from applicant): See Attached List a. First Name b. Last Name c. Company d. Mailing Address a. Cityrrown f. State g. Zip Cade s. Project Location: Salem/TumpikelWayedy Road North Andover a. Street Address b. Cltylrown Map 27 Lots 16 through 26 c. Assessors Map)Plat Number d, Parcel/Lot Number Latitude and Longitude, if known (note: 42-40'-41.8" 71-081-1.33" 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) ' ra Book lid. Page 7. Dates: s1191D5 d a I a. Date Notice of Intent Filed b. Date u ea Public Hearing Closed c. Date o I suence a. Final Approved Pians 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 Title Sohler Engineering, PC. WDiiam D. Goebel, P. I— b. Prepored 6y c. Signed and Stamped by If�'06 1"=30' d. f nal Revislon Date e, scale f. Additional Planar Document Title g. Date s. Total WPA Fee Paid: $ 800.00 $ 237.50 $ 562.50 a. Total Fee Paid b. State Fee Paid e. Cityr'fawn Fee Paid �.Nparams.ttae• rev.3rimS Noe i are Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands DEP File Number. C WPA Form 5 — Order of Conditions 242-1333 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 B. Findings 1. Findings pursuant to the Massachusetts Wetlands Protection Act Following the.review of the above -referenced Notice of Intent and based on the Information provided In this application and presented at the public hearing, this Commission finds that the areas in which work is proposed is significant to the following Interests of the Wetlands Protection Act. Check all that apply. e. ® Public Water Supply b. ❑ Land Containing Shellfish c. ' ® Preventlon of pollution d. 9 Private Water Supply e. ❑ Fisheries f. Q Protection of Wildlife Habitat 9. Q Groundwater Supply h. ® Storm Damage Prevention i. ® Flood Control z This Commission hereby finds the project, as proposed, Is: (check one of the following boxes) Approved subject to: ® the following conditions which are necessary in accordance with the performance standards set forth In the wetlands regulations. This Commission orders that all work shall be performed in accordance with the Notice of intent referenced above, the following General Conditions, and any other special conditions attached to this Order. To the extent that the following conditions modify or differ from the plans, specifications, or other proposals submitted with the Notice of intent, these conditions shall control. Denied because: ❑ the proposed work cannot be conditioned to meet the performance standards set forth in the wetland regulations. Therefore, work on this project may not go forward unless and until a new Notice of Intent is submitted which provides measures which are adequate to protect these interests, and a final Order of Conditions Is Issued. A description of the performance standards which the proposed work cannot meet is attached to this Order. ❑ the information submitted by the applicant Is not sufficient to describe the site, the work, or the effect of the work on the interests identified in the Wetlands Protection Act. Therefore, work on this project may not go forward unless and until a revised Notice of intent is submitted which provides sufficient information and includes measures which are adequate td protect the Act's Interests, and a final Order of Conditions Is Issued. A description of the specific information which is lacking and why it is necessary is attached to this Order as per 310 CMR 10.05(6)(c). Inland Resource Area Impacts: Check all that apply below. (For Approvals Only) wpalanUac • rev. WUN ❑ Buffer Zone Impacts: Shortest distance between limit of project disturbance and wetland boundary (if available) Mearfeet Resource Area Proposed Permitted Proposed Permitted Alteration Alteration Replacement Replacement 3. ❑Bank a.linear feet 6.linear feet c.11nearfeet d. linear feet 4. ❑Bordering Vegetated Wetland a. square feet b. square feat c. square feet d. squd. rea a fea 5. ❑ Land Under a. square feet Waterbodies and b. square feet e. square feet d. square feet Waterways e. cu.yd dredged f. cu.yd dredged PAP 2 ar8 0 Ee Massachusetts Department of Environmental Protection Bureau of. Resource Protection - Wetlands CFP File Number. Bureau )WPA Form 5 -- Order of Conditions 242-1333 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 B. Findings (cont.) Resource Area Proposed Permitted Alteration Alteration 6. ❑ Bordering Land Subject to Flooding a. square teat b, square feet Cubic Feet Flood Storage e, cubic feet f, cubic feet 7. ❑ Isolated Land Subject to Flooding a, square feet b, square feet Cubic Feet Flood Storage c, cubic feet d. cubic feet e, cubic feet f. cubic feat Ri Proposed Replacement c, square feat g. cubic feet Permitted Replacement d. square rest 'E cubic -feet 8, ❑ verfront area a. total sq. feet b, total sq. feet Sq ft within 100 ft c.sq sq uare feet d. uare feet' e, square feet f. square feet Sq ft between 100-200 ft a, square feet L square fest e. q q square fest f. square fest Coastal Resource Area Impacts: Check all that apply below. (For Approvals Only) 9, ❑ Designated Port Indicate size under Land Under the Oceari, below Areas 10. ❑ Land Under the Ocean a, square Net h square feet 11. ❑ Barrier Beaches 12- ❑ Coastal Beaches 13. ❑ Coastal Dunes 14. ❑ Coastal Banks 15. ❑ Rocky Intertidal Shores 16. ❑ Salt Marshes 17. ❑ Land Under Salt Ponds is. 0 Land Containing Shellfish 19. ❑ Fish Runs 20. ❑ Land Subject to Coastal Storm Flowage C�t--S.dca - ray.3nles c, cu.yd dredged d. cu.yd dredged . 'Indicate size under Coastal Beaches and/or Coastal Dunes below a. square feet b. squats feat a. square feet b. square feet a. Mearfeet b.Nnearfeet a. square feet b. square feet c, cly noudshmt d. dy nouriahmL C. dy noudshmL d. cly noudshmt a. square feet b. square feet c, square feet d. squats fleet - a, square feet b, square feet M cu.yd dredged d. cu.yd dredged a. square feat K square feet c. square feet d. square feet Indicate size under Coastal Banks, inland Bank, Land Under the Ocean, and/or Inland Land Under Waterbodies and Waterways, above a. cu.yd dredged b. cu.yd dredged a. square That b, square That Pape 3 of 9 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands DEP t=ile Number, WPA Form 5 - Order of Conditions 242-1333 A Massachusetts Wetlands Protection Act M.G.L. c. 'fat, X40 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 local 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 more than three years, but less than five years, from the date of issuance. If this Order 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 expiratlon 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, plaster, wire, lath, paper, cardboard, pipe, tires, ashes, refrigerators, motor vehicles, or parts of any of the foregoing. 7. This Order is not final until all administrative appeal periods from this Order have elapsed, or W such an appeal has been taken, until all proceedings before the Department have been completed. B. 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 fide 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 stamped 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" [or, "MA DEP] "File Number 242-1333 " C WP2WM5A=• MV.WIM5 Page 4 019 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands ' DEP File Number: WPA Form 5 -- Order of Conditions 2421333 Massachusetts Wetlands Protection Act M.G.L. c. 131 Ota C. General Conditions Under Massachusetts Wetlands. Protection Act 10, Where the Department of Envlronmental Protection Is requested to issue a Superseding Order, the Conservation 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 until 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 prevention 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, 1 B. 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 conditlons, select box to attach a text document p wperarm%dw- mv. VMS PepeSnl9 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands DEP File Number. WPA Form 5 -- Order.of Conditions 242-1333 CLI i. 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? M 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 Therefor:, work on this project 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. ® that the following additional conditions are necessary to comply with a municipal ordinance or bylaw: North Andover Wetland Protection Bylaw Chapter 178 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'oontrol. space for eed `nom c. The special conditions relating to municipal ordinance or bylaw are as follows: additional conditionsSee attached , select box to attach a text document CpstarmS,don- mv.Mms Page Barg DEP FILE # 242 -1333 OTherefore, the North Andover Conservation Commission (hereafter the "NACU) hereby finds that the following conditions are necessary, in accordance with the Performance 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?fy 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 acid 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 fox that evaluation. Further, work shall be halted on the site if the NACC, agent or DEP determines that any of the work is not in 'cornpliance with this Order of Conditions. Work shall not 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 complying with all other applicable federal, state or local statutes, ordinances, by- 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 one year each upon application to the issuing authority at least thirty days (30) prior to the expiration date of the Order (Refer In Section 8.3 (p.37) of the North Andover Wedmid Regulations). 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. C:1Wimvord1o0C1Waverly/Tumpikc-Wulgrccns.doc I NACC3/1/?006 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 proceedingsand 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 writing within 30 days of all transfers of title of any portion of property that takes place prior to the 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 VegetatedWetland. The majority of the work, 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 downgradient resource areas. However, given these conditions, the NACC finds 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 for environmental monitoring purposes, falls beyond the 100 -foot buffer zone, which Maybe reflective in the conditions of this Order. 29. Tlie work shall conform to the following (except as noted in 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:1Wimvord100C\Waverlytl'umpike-Wnlgreens.doe 2 NACC 2/In006 IN N DEP FILE # 242 -1333 Site Plans prepared by: Drainage Report prepared by: Drainage Plan: Bohler Engineering, P.C. 352 Turnpike Road Southborogh, MA 01772 Entitled "Site Development -Plan for Walgreens - Proposed Walgreen's/Retaii Store" dated 8/4/05, revised through 1/3/06, consisting of sheets 1-11. Stamped & Signed by William D. Goebel, P.E. Bohler Engineering, P.C. Entitled "Drainage Report", including the Operation & Maintenance Plan dated August 4, 2005, revised through October 24,2005; 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 A;tdover, Massachusetts", dated June 28, 2005, and received October 27,2005; Environmental Notification Form (ENE). entitled. "Proposed Retail Center", dated October 31, 2005, and received November 10, 2005; Revised Filing Fee letter prepared by Bohler Engineering 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 Bohler Engineering, P.C. dated October 26,2003; Stromwater Management Review Letter prepared by Eggleston Environmental dated November 2,2005; C:%Winward%000lWavcrlyRTurnpike-Wnlgrcenxdac 3 NACC2/1/2006 DEP FILE, # 242 -1333 O Storrawater Management Review Response Letter prepared by Bohler Enginnering, P.C. dated November 7,2005; Stromwater Management Review Letter prepared by Eggleston Environmental dated November 14,2005; Stormwater Management Review Response Letter prepared by Bohler 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 Eaglewood site, 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 wdI 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 C:1Winward1000IWaverlyrl'umpike-Wolsreens.doc 4 NACC 2/1!2006 DEP FME # 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 & Appendia T of the local Regukdons). 33. This document 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 permittingwork are fully 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. 0 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 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 all 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 format the end of this Order C 1WimvordlOOClWaverlylCumpikc-Walgreens.doe S • NACC 311/2006 DEP FILE # 242 - 1333 prior to commencement of the work. Any Order not recorded by the applicant before work 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 marls 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 (Pimis 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. 43. 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 as changes. The proposed project C:1Wlmvord1000lWuvcrly/Turnpike-Walgmmdac 6 NACC 211 P-006 C DEP FILL # 242 -1333 1 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 bas been granted by the NACC. 45. It is the responsibility of the applicant, owner, and/or successor(s) to ensure that all conditions of ihis'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 flagging shall be dlecked 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 water 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 t:%W inwordlUUC1Wa%Pcrlyrrurnpike-Walgrcm&doc NACC 21112006 DEP FILE # 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 an hand'at-the 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 Tzeasurer 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 NACC's review and approval. This condition is issued under the authority of the local Bylaw. O51. 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 name 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. The 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 to. The EMC must visually inspect all sedimentation/ C:\WinwardkOOMWaveriy/Turnpike-Walgmens.doe 8 NACC 211/2906 DEP FILE # 242•-1333 erosion control measures and assume responsibility for their maintenance on a weekly basis and that they are functioning as intended. hu 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 Administrator. 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 his in compliance with each and every condition. This document shall apply to -each' of the conditions referenced herein and shalt 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 CONDITIONS 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.kWimvord\OOMWmcrly/Ttimpit c-Wnlgreens.doc 9 NACC Jt/200 G DEP FILE # 242 -1333 OEnvironmental Protection Stormwater Management Policy, and the approved Operation and Maintenance Plan attached herein. 56. Evidence of maintenance of the stormwater management 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 stormwiter structures shall 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 storm drainage system or any other changes in past 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 Compliaiice, 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:IWinwordlooClWavorly%Turnpike-Walgreens.doe 10 NACC 21V2006 DEP FILE #.242 -1333 OAndover, 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 minimize soil/material tracking 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 every week detailing what work has been done in or near resource areas, and what work is anticipated to be clone over the next period. This will update the construction sequence. 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 Ids/ 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/filter fabric or other siltation/sedimentation protection methods shall be installed at any catch basin/storm drain within 50 feet of the site. T1. The Erosion Control Monitor shall be on site during and/or following a major storm event of 1 inch of rain or greater to ensure that soils remain stable, erosion controls are adequate and secure, and that all BMP's are adequately functioning. CA Wimvord\CDC\Wovcriyrrumpil c -Walgreens doc I 1 NACC 2/112006 DEP f'Q,E # 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.resource 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 remains 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 velides or parts on any of the foregoing. 75. All exposed soil finish grade surfaces shall be immediately landscaped and stabilized, or loamed, seeded and mulched, with a layer of mulch hay. ASI disturbed areas must be graded, loamed and seeded prior to November 131 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 construction, any 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 NAM 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 stockpiling of soil or other materials within twenty-five (25) feet of 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:1WiawordlOOC%Wnvcrlyfrumpike-Walgreens.doe 12 NACC 2/1/2006 DEP FME # 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 dnmpsters (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 allowed within 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 shall be notified by the applicant within one (1) business day. No construction velucles are to be stored within 100 feet of wetland resource areas, and no vehicle refueling, equipment lubrication, or maintenance is to be done within 100 feet of a resource area. AFTER CONSTRUCTION - WJ 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 ran 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 assignee(s) 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) admowledgingthe 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 shallbe used on paved surfaces within the buffer zone, and any arrangement for snow removal shall so C;iWinwordlooC\WaverlYrrumpikc-Walgreens.doc • 13 NACC 21I/2006 W 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 depicted 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 erosion. 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 Shan be removed and properly disposed of and all exposed umvegetated areas shall be seeded 89. Upon completion of the project the applicant shall submit the following to the Conservation Commission as part of a request for a Certificate of Compliance: a. WPAForm 8A -"Request for a Certificate of Compliance." b. A letter from the applicant requesting a Certificate of Compliance. c. The 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 be granted. f. The street address and assessor's map/parcel number for the project. g. The DEP file number. h. 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!%Wlnward100C1WuVerlyrl'urnpike-Wulgreans.doe 14 NACC2/113006 DBP FILE # 242 -1333 ' i. An "As -Built" plan prepared and signed anti 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 within the Buffer Zone than the entire structure must be depicted to accurately verify compliance. "As -Built" past -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, A 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 my disturbance of soils or vegetation. O> Location of all subsurfaceutilities . entering the property. IN 90. The following special conditions shall survive the issuance of a Certificate of Compliance (COC) for thds project: 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); > Discharge or spillage of pollutants (Condition #81); 1 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 '—awimvora%uuL;lwaverlyi-1 umplt e-Wnigreens.doe 15 NACC Ji/?DOG DEP FILE # 242 -1333 Oavoid blockages and siltation, wluch night cause failure of the system and/or detrimental impacts to on-site or off-site resource areas (Condition #63); C > Prohibition of underground fuels (Condition #82); r Limitations on the use of fertilizers, herbicides, road salts, de-icing compounds and pesticides (Conditions #83 & #86). > The attached "Stormwater Operations and Management Plan", including Best Management Practices. No additional filings will, be required to conduct maintenance of filie above referenced system and plan. C.\Wimvord\00C1Waverlytrumoike-Walgnens.doe 16 NACC 2/112006 C C DEP FILE # 242 -1333 I, APPENDIX A - AFFIDAVIT (authorized agent of applicant and / or owner) 1) I am the on oath do hereby depose and state: (PLEASE CHECK AT LEAST ONE BLOCK) (position with applicant) Of the applicant upon whom the Order of Conditions (applicant's name) (DEP or NACC File #) have been placed upon by the North Andover Conservation Commission (NACC). 2) - I am the and / or (position with owner) of the owner upon whose land Order of Conditions placed upon by the NACC. (owner) (DEP or NACC File #) have been • 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 aclmowledge 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 aclmowledge 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 ties day of _ . 20 C:1WinwoOOOClWnvvAyrrurnpikc-Widgmns.doc 17 (Authorized agent of applicant or owner) NACC 2/1 /27006 41 F STORMWATER SYSTkM 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. Developer: Mark Investments, Inc. 54 laaonnet Street Newton, MA 02461. (617) 332-8140 COMPONENT: Parking.flreas MSPONSMRXIY: Landowner durin .'' . g and after construction. ACTION: r veeping FREQUENCY: Bi ,annually DESCItiPTION: Driveways and parking areas shall be swept semi-annually (twice per . year). Tile land owner will m6nitor all areas and remove sediments as necessary, Oconsidering both annual necessity and the need for more frequent czeaw?,g during construction Sweeping shall be performed to remove sediments prior to introduction into the stormwater collection system. *rushing and water jeitingshall be discouraged The following componenfs shall be k-pected after any large storm event of 1.5" or more, in addition to the periodic inspections noted below. Large ar storm events e 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 striietures 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, thve e frequen f inspection can be reduced to include only the largex storms of seete s or more. ' C `! .3 If any of these conditions are observed, then appropriate actions should be taken to restore the siornLwater management facility so that it operates 'as intended. COMPONENT: Deep sump catch basins RESPONSIBILITY: Property owner during and after construction. t ACTION: Sediment removal /sump cleaning u FREQUENCY: Annual bTSCRIPTION: Basins are to be cleaned on an annual basis "The land owner wi1l. monitor sarmps and remove sediments as necessary, and the needfor Morefrequent considering both annual necessity fr quent cleaning during construcjiomt Precautions shall take Place to maintain the integrity of the oil trappinghoods during eleaizing, The hoods shall be inspected and repaired as necessary. Accumulated $ydroccq•bgn shall be collected separately from accumulated sediment. All material shall be disposed of irz accordance with DEP regulations. COMPONENT: Open detention basins. $ESPONSIBILM: Land owner during and after construction ACTION: Various inspection maintenance, and cleaning activities ' ' QUENCY: Annually or as otherwise needed 1 ESCREPTION: 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. Me property owner should retain the services of a professional engineer with .experience in drainage and stormwater to perform the inspections During the growing season''the side slopes of the ponds shall be mowed at least twice, with 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 andsedimentation, 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 slat inches argrwhere in the pond .Any pond sediments removed shall be -disposed of in accordance with the latest DSP guidelines for stormwater sediment disposal. Sediment removal and•other pond maintenance activities shall not be considered as a wetland alteration under the MA Wetland Protection Act. W] COMPONENT: Sediment Cyambers/Portsentry Units RESPON31101LI' . Land owner during and after construction, 'ACTION: Inspection FREQUENCY. QUENCY. 2 times per year DESCM MON: See a#ached Mwzufacturer's Maintenance Guidelines, III accumulated materials shall be disposed of in accordance to DEP r�gulationr. Y COMPONENT: Snow Storage Areas D `WTION. Snow stockpilingshall be limited to those locations depicfed on the Site Plans. When accumulated volume of stockpiled snow becoiize *,an impedance to pedestrian or vehicular trade, excess volumes shall be remZed from t Ze sife. VortSentry® inspection inspection Is the key to.•effBbtive.maintenance and Is easily performed. Stomtwaier360 recommendsgoln6'gdi' _ ply ins ections of the accumulated sediment. Pollutant deposition and transport may vary' '-GJ 9 _ : to•year and quarterly inspections will help insure the system is cleaned out at the appropriate time. Inspections should be performed more often In the winter months In climates where :saijding bperations may lead to rapid accumulations, or In equipment washdown areas, it Is very-useftil to keep a record df each Inspection, A simple formfor doing so Is provided. The VortSentry® should be cleaned when inspection reveals that the sediment depth has aotitrmuisied to a depth of three feet In the treatment sump; This determination can be made by taking two measurements with a stadle'rod or similar measuring device; one measurement from the manhole opening to the top of the sediment pile and the otherfrofn the manhole opening to the water surf ace. • Ifthe distance measured Is less than the distancaegiven In the following table, the VortSentry should be maintained to ensure effective treatment,' t VortSen AD—le: to avoid underestimating the volume or sediment In the chamber„ the measuring device must be lowered to 14e top of the sediment pile carefully, Finer, silty particles at the top of the Pile typically offer less resistance to the and of the rdd than larger particles toward the bouo ' of the pile. Cleaning •Mairitalning the VortSenW Is easlastwhen there Is no flow entering the system, Forthis reason, it Is a good Idea to schedule the cleanout during'dry weather.. The most effectlVe method -of 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 lar virtually identical to mefntaining a catch• basin 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 leek into the•unitfrom above. If a vacuum truck Is not available, a "clamshell" • grab may be used, but it Is difficult to remove all ecdumulated polltltants•with such devices, In VortSenh? lnstallatlons where the.dsk of large petroleum spilis•is small, 8oafing liquid contaminants maynot accumulate as quickly as sediment. However, any 'spill should be cleaned out•Immedlately. Motor oil and other -hydrocarbons that accurnttlate on 6 more routine basis should be removed when an appreolgble layer has been captured. To remove these pollutants, it 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 if accumulation outpaces sediment accumulation, SampleVert5entrye Technical Design Manual a ntenance inacetars�•� _ VortSentrye distance betwegn water model �fameter ' surface and top.Or sediment storage designation m -VS -3-0— ft 3 M 0,9 , m •• �2-t1;7 d O.B m 0.6 V840 9950 4 1.2 VS 60 5 6 1.5 4.4 VS70 ,. 7 LB 2.1 6.32.4. 6.7 1.B + 3 3.3 V�60 8 _4 7.0 2.1 5.6 0 AD—le: to avoid underestimating the volume or sediment In the chamber„ the measuring device must be lowered to 14e top of the sediment pile carefully, Finer, silty particles at the top of the Pile typically offer less resistance to the and of the rdd than larger particles toward the bouo ' of the pile. Cleaning •Mairitalning the VortSenW Is easlastwhen there Is no flow entering the system, Forthis reason, it Is a good Idea to schedule the cleanout during'dry weather.. The most effectlVe method -of 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 lar virtually identical to mefntaining a catch• basin 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 leek into the•unitfrom above. If a vacuum truck Is not available, a "clamshell" • grab may be used, but it Is difficult to remove all ecdumulated polltltants•with such devices, In VortSenh? lnstallatlons where the.dsk of large petroleum spilis•is small, 8oafing liquid contaminants maynot accumulate as quickly as sediment. However, any 'spill should be cleaned out•Immedlately. Motor oil and other -hydrocarbons that accurnttlate on 6 more routine basis should be removed when an appreolgble layer has been captured. To remove these pollutants, it 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 if accumulation outpaces sediment accumulation, SampleVert5entrye Technical Design Manual 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 E. Issuance This Order is valid for three years, unless otherwise specified as a special all I - & condition pursuant to Genera) Conditions A, from the date of Issuance. 1. nate of lsojance Please Indicate the number of members who will sign this form; q This Order must be signed -by a majority of the Conservation Commission. 2. 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 tope appropriate Department of Environmental Protection Regional Office, if not filing electroni ly,xd the p1pert�r owner, if different from applicant R Signatures! 0.P.(orm5.d=- mr.wjjo Notary Acknowledgement Commonwealth of Massachusetts County of On'this L� of Day Before me, the undersigned Notary Public, personally appeared Essex North !/^r.r.a.r200 Month Year Name of Document Signer proved to me through satisfactory evidence of identification, which was/were Massachusetts License Description of evidence oridentifieation 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 CMAUMiSit>Itlf;!'YAliBA�II�EriB idyt�r�,Eatpi�Atg.7.�D09 Place notary sea] and/or any stamp above This Order is issued to the applicant as follows; ❑ by hand delivery on Data d-271ia. % . ,L Si nature of Notary Public D o lM A M. 4414CQC-6- Printed Name ONotaPub90 My Commission Expires (Data) dby certified mall, return receipt requested, an � 1/oti Date Pape 7 of 11 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands WPA Form 5 - Order of Conditions Massachusetts Wetlands Protection'Act M.G,L. c. 131, §40 F. Appeals DEP File Number 242-1333 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 eissoctated 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 Departmbnt prior to issuance of a Superseding Order or Determination. The request shall state clearly and concisely the objections to the Order 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. wpalmmU=• rev. 311105 Page 11 of 9 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 G. Recording Information This Order of Conditions must be 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 Fina) 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 Protect Location DEP File Number Has been recorded at the Registry of Reeds of: County Book Page for. Property Owner and has been noted in the chain of title of the affected property in: Book In accordance with the Order of Conditions issued on: Date Page If recorded land, the Instrument number identifying this transaction is: Instrument Number If registered land, the document number identifying this transaction _is: Document Number l ^ 1 Signature of Applicant (vl wparom��c� rev.�ltlps Pago 9 of 9 c Ee C DEP FILE # 242 -1333 I, APPENDIX A -- AFFIDAVIT (authorized agent of applicant and / or owner) on oath do hereby depose and state: (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 We #) placed upon by the North Andover Conservation Commission (NACC). 2) I am the and / or 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 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 C'%WmwonllOOClwavadyrfumpflm-walgrms.doe 17 (Authorized agent of applicant or owner) NACC 2/1/2006 .12/22/2005 00':55 FAX 978 784 9828 LAW OFFICES 002 Dec 22 QS 12: Ssp MORTH fll 978688SS42 �- 2 Schedule F-2 j Town of North Atldover X11. Office of the Homing Depaxtment M Caatmuniip Developnm*aantd Services Division 400 Osgood Stmt North Andover. Mamuchusetts 01M Lincoln Dole v Telephone (978)688-9535 Town phamer Fax (M) 688.•95 2 NOTICE OF DECM0 N ABY appeal shall be filed Within (20) days after the Date of filing this Notice in the ice ofthe Town Date: November 14 206 Clerk Daus of Hearings: October 4,2M0 October JA 2M, jov�r 1, 20M, Novabcr X5, 2095 PeMna of: Mark -Trivwtments6 Inc., 54 Jacnnnet Street, Suite 203. Xmton , Mae02451 PremEm aBeeW.-'11Yw*Andover Assessor's Map 27, Patcds 16, 17,18,19, 20, 21, 220 23, 24, 25 & 26 - RAMROD tate above peMou fora Sitio Pia $eview SQeeiul PMW Witt the Planned Commercial. ODictmay. The application was nadwil and reviewed in accordnaoe with the Procedures far approval described in SM00115 8.5,103,1831, and 19 of the Town of North.Andover Zoning Bylaw and MG, C^ ser. 9. So as to 4110W. the constnMUM of a 14,7664— sWm fi;et Walgreens ply buildh>g as 11,295+ - Kam bWMpg©°ung °£retaff sPacr. 15$ 2m&w8 spwjM and extensive %hdm+eape we& .Atter Public 1100411V g)v+® on the above dates, the Planning Dowd voted uaadmowly to APP$OVE the Sive Plato Review Special Permit bored Upw the fallowing oou"ons• Sim d oln , Tow Planner, Far the Planning Board Cc: Applicant Dogineer Abutters DPW Bnildiug Department Conservatian Dep wtawa Z3A Richard itardella, Chairman John' Simons, VSM Chairman o e9 JamPhiaMey, Clerk --fin* Altertu Angles � � �� Green �'� Richard Rowes, Albern ' ; ,MMS Mm M M 0 HOA 1R0 QF AM-AL6 88"541 BUILD NG 686-9549 CONGEAVATION' dap --San k tArw'i'F16uS-95an Pr.�wan��sRs.9sss 12/22/2005 00:58 FAX 978 791 9826 LAZY OFFICES i@005 Dec 22 CIS 12:59P NORTH RNDOWER 978[a8B95$2 p.3 O [Manned Commercial District / Site Plan Review Special Permit- Map 27, Parcels 16 through 76 Walgreens Pharmacy & Retall Building tVovembar 15, 2005 The Planning Board herein approves the Site Plan Review Special Permit far the construction of 14.766 -F - square feet Walgreens Pharmacy building, an 11,195+- 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, 17, 18, 19.20, 21,'►....Z' , ?J, 24,25 & 26 when combh1ed total appra.+cimately 4.42-1-- acres (142,548 s.4 This Special Permit was requested by Mark Investrnents, Inc., W3;aconnet Stmet, Suite 203, Newton, Massehusetts 02461. This application was filed with the Planning Board on Oerober4, 2005_ The applicant submitted a complete application which was noticed and reviewed in accordance with Sections 83,10.3. 10.31, and -15 of the Town ofNorth Andover Zoning Byluw and MQL c.40A, sea. 9 The Planning Board mattes the following findings as mgUired by the North Andover Zoning Bylaws Section 83 and 103: 1FIX01NOS OF )FACT: I. The specific site is an appropriate location fnr the project 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 Residential -4 zoning designation to a Planned Commercial Overlay District A copy of iho approval from the Attorney General's Office dated August 24, 2004 is on file atthe 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, Sheet 3 of 11, Landscape Plan, dated October 10, 2005 referenced herein, shall remain in perpetuity over the life of the.praject. a. Roerte 114I1`rontsge ni'Pr+annged Development-„ Extensive iandscap€ng has been provided along the Route 114, Turnpike Streetfrontage. A wooden guide rail will be located on the subject property and will be extanded along the entire frontage of Route 114 to the south of the project entrance/=h on Route 114, Ile guide rail will be approximately, two foal in height. A pedestrian access/stairwell has been created to provide a direct connectiah from Route 114 directly to the buildings. Pedestrian sidewalks will be constructed connecting the Rte, 114 sidewalks. b- Residential Abutting Propertw Special care has been taken to carefLlly screen all residential abutting property directly adjacent to the proposed development. c. Commercial Abutting Pra : There is also adequate landsoaping provided around the perimeter of the eXisting Eaglewood Properties so that tate landscaping provides a level of distinction between the two developments but is consistent with existing vegetation that will remain- A retaining wall will be constructed along the Walgreens and Baglewood Properties property boundary. d. internsl Inndseanin : Landscaping will be provided within the perking islands and within the 50 foot visual bufrer required within the Planned Commercial District, 3, There will he na nuisance or serious hazat+d to vehicles or pedestrians. The Town's traffic consultant, TEC, has reviewed the traffic data. The applicant has provided three access/egress drives to the site: the right -in, right out turn entrance off Route 114, and two left and right in turn and left and r€l ht out turn drives off Waverly Road. The appBeant will also be providing the following traffic mitigation: a. The applicant will widen Route 114 eastbound to accommodate a 1 U-faot shoulder to allow right 0 12/22/2005 00;'56 FAX 978 794 8828 LAZY OFFICES IM004 Dec 22 05 12;59p NORTH RMD01iER 9786889542 P-4 Planned Commercial District /Site Plan Review $pedal Permit- Map Z7, Parcels 16 tbrough 26 Walgreens Pharmacy & Retail Building November IS, 2005 turn movements into the site. b. The applicant will widen Waverly Road to lengthen the exclusive left -turn lane on the northbound approach to R.outc 114. The widening occurs along the site°s frontage and within the documented right of -way. c- The appliaatnt modified the sit8 grading in approyed pians to reasonably accomodate 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 requiremems of Section 8.4 as ;emended by the Planning Board, ofthe North Andover Zoning Bylaw. S. The site drainage system is designed in accordance with the Town Bylaw requirements and has been reviewed and approved by the Outside Consulting Engineer, MHF Design. 6_ The applicant has met the requirements of the Town for Site Mari Review as stated in Section 83 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, sewerand utilitlei on the property to adequately address the meds ofthe projex, Furthermore, the design ofthe Walgreens building and serail fanllity contains design characteristics that are present in traditional ttiyun centers, and nearby commercial projecm in North Andover! O8_ The applicant is proposing to construct a continuous sidewalk system along the ed of parcel boundary on Waverly Road extending to the intersection of Route 114 and Waverly Road and to repair/replace any* ofthe newly consmeemd sidewalks that may be disturbed along Rte, 114. -A pedestrian access/stairwell will be constructed on 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 pravided throughout the interior of the site through crosswalks and a sidewalk system abuttitigthe proposed building. Sidewalks locamd irvithin the Right of Way will be maintained by the Town of North Andover and sidewalks/pedestrian walkways Iocated on private prOPeM will be maintained by the property owners. 9, Fbeally the Planning Board --finds, that this project generally complies with the Town of North Andover Zoning Bylaw requirenients as listed in Section 8.35 -but tisquires conditions in order to be fully in Compliance. The Planning Board makes the following findings as required by the North Andover Zoning Bylaws Sections 15.1 and 15.4.1(8)(3); FMOI1VNGS OF FACT; I. The project satisfies the intent ofthe overlay district by developing unique and specific tracts of land identified by the Town's Master Plant and Planning Board ibr the purpose of planned commercial development. 2. The project is compatible with the character and uses of the Town and provides significant economic benefits to the community, The design ofthe Walgreens building and retail faoll* contains design characteristics that are present in traditional town centers and nearby cornmereial projects ip North C2 12/22/2005 00:68 PAZ 978 794 9628 LW OFFICES [Mao5 Dec 22 D5 12: SSp NORTH HNDOVER 9786589542 p. 5 O Planned Commercial District / Site PUn Review Special Permit - Map 7,71 Farcals 16 through 26 Walgi;eeas Pharmacy& Retail Building November 1S, 2005 C Andover. 3. The Town's usfiie consultant, TEC, has reviewed the traffic and parking data and determined that the proposed project will qct generate towessive traffic flows that are excessive for the project location. ingmss and egress for traffic flow and traffic circulation within the project are designed properly so that theta wilt be no serious hazard to vehicles or pedestrians, Further, adequate parking facilities are provided for each use and srructtlre in the development. 4. The applicant has mat the requirements of the Town For Site plan Review as stated in Section 15.4. 1 (B)(3) ofthe Zoning Bylaw. S. The project' does not adversely aflbci the natural environment to the detriment of community ehardcter. The Town's stormwater management consultant, MHF Designs and Division of Public Works have reviewed the. stormwater management and drainage plans and determined that the proposcd project satisfies the requirements of the Town Bylaw and Department of Environmental Protectlott. Finally the 1°Iaottipg2asrd finds that this Project generally complies with the Town of North Andover Zoning Bylaw rMalk-emeufs as listed in Sections 83.5 and 1s.4.1{p)(3), but requires conditions in order to be inlay in compliance. The Plamdng Board hereby gmats an approval to the applicant provided the Wowing condition i are met SPECIAL CONDMONS 1. Const7racdon Monitor: The applicant shalt designate an independent Construction Monitor who shall he chosen, in consultation with the Planning Depament. The Construction Monitor must be available upon four (4) hours' notice to Inspect the site with rho Planning Board designated official. The Construction Monitor shall make weakly inspections of the project and file monthly reports to the Planning Board tbroughant the duration of the project. The morAdy. reports shall detail area of non- compliance, if any and actions taken to resolve these issues, The designated mgnitoc may not be applicant andfor developer. The weekly Inspections and monthly reports provided to the Planning Department shall include the following: S) site clearing; b) erosion control; C) stabilizationlerosion; d) drainage and detention struatwes; e) on-site water and sower utiilities; f) parking spaces and related pavement;, g) curb cuts; h) retaining walls; i) site screening, landscaping and street trees; - j) site restoration; k) final site cleanup, 2. Prior to the endorsement of the plans by the planning 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 our,Ide engineering consultant, the Town Planner, and must be subsequently endorsed by the Planning Board. The final plans must be submitted for review within ninety days of filing the decision with the Town Clerk. 3 12/22/2005 00:68 FAX 978 794 9628 LAW OFFICES iM008 l e c 22 DS 01:013p NORTH RNBOVER 8786889542 10.8 Planned Camumclal District I Sue Plan Review Special Permit - Map 271 Panels 16 through 26 Walgreens Pharmacy & Retail Building November I5, 2005 b) A site opaninglcrosion control bond shall be posted (per agreement with the Noah Andover Planning Board) in the total amount of ten thousand dollars (1610.000.00) for the purpose of covering any contingencies that might alftet the public welfare such as sire.-opealpg, clearing, erosion control and performance ofany other condition contained herein, The Guarantee shall be in the form ofa check made payable to. the Town ofNorth Andover'esarow account, c) • All site plan applicatlon and escrow fear, mur,t be paid In full and verified by the Town Planner. 3. Prior to the start of construxtion; a) A pre -construction meeting -shall be held with the applicant, Town Planner, Director of Engineering from the Department of Public Works, and the desigrtsted Construction Monitor as listed In Conditions #1- The purpose ofthis meeting will be to review the phasing of the development and fnr the applicant to submit a construction schedule for the purpose oftracking 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 of the insWiation. b) During construction, the site must be kept clean and swept regularly throughout the construction process. Dust mitigation, dewatering and roadway cleaning must be performed weekly, or more frequently as dictated by site and weather conditions and as directed by the Town Planner. c) The developer must coordinate with the Division of Public Works to perform inspectional servlors for the canstruciion of this project. lnepectional services will Include but are not limited to the following- Installation of on site sewer, water and drainage Facilities, fill material instaliatlort, pevetaent; curbing and sidewalk Installation, etc. d) A construction schedule shall be submitted to the Planning Stafffor the purpose oftracking the construction and informing the public of..andolpated activities on the site. e) It shall be the responsibility of the developerto assure that ne erosion on the site shall occur which will cause deposition of soli or sediment upon adjacent properties or public ways, except as normally ancillary to off site sewer or other oflisite construcdoa. Off-site erosion will be a basis for the Planning Board making a finding that the project is not in compliance with the plan; provided, however, that the Planning Board shall give the developer written notice of any such finding and ten days to cure said condition Q Yellow 'Caution" tape moat be placed along the limit of clearing and grading as shown on the pian. The Town's Outside Bnginearing Consu Rant must be contacted prior to any cutting and or clearing on site. g) A Performance Guarantee in an amount to be determined by the North Andover Department of Public Works shall be PGOW to ensure eonrpletiorrofthe work in accordance with the Plans approved as part of'this conditional approval. The bond must ba in the form acceptable to the North Andover Planning Board. Items covered by the Bond may include, but shall not be limited to: . 1.) as-builtdrawings; II-) on-site sewers and utilities; ill.) curb cats and parking spaces; Iv.) lot and site erosion control; c 1.2/22/2005 00:56 FAX 078 794 9628 LAW OFFICES nec 22 05 tl l s oi3p NORTH RP113OVER S78seeS842 O Planned Commercial District / Site Plan Review Special Permit- Map 27, Parcels 16 through 24 Walgreens Pharmacy & Retail Building November 15, 2005 C C v.) site screening and san= aver, vi.) drainage facilities; vii.) site restoration; viii) Rnal site cleanup. 911007 p.7 h) The applicant shall provide the Planning Board with copies of permits, plans and decisions received from all other town hoards, commissions or departments. In addition to receipt of these plans, the applicant shall supply the Town Planner with a letter outlining any and all revisions resulting from said permits, plans and denislons received from outer town boards, commissions and departmentstimt differ from the approved plans referenced in Condition 22. 1) Building permits must be obtained for retaining walls over 4' high. 4. Prior to FORM U verification (Building permit issuance): co 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 shell adhere to the following requirements of the North Andover Fire Department and the North Andover wilding Department: 1.) All structures roust contain a oomrlteraial fire sprinkler system. The plans and hydraulic calculations fbr each commercial s}"iiem shall be submitted• filer review and approval by the North Andover Fire Department. flans and hydrauiic calculations for each commercial system must also be supplied w the Building Department. d) An as plan must be submitted to the Division of Public Works for review and approyal prior W acceptance of the sewer appurtenances for use. e) Maintenance easements roust be submitted for Town maintenance of the sidewalks located Within the route 114 Right of Way. S. Frior to verifimoon,rf tine Cartilienta utoccupanay: a) The applicant must submit a letter from the archlteand engineer of the project Stating thatthe building. signs, landscaping, I fighting and site layout out substaniially, comply whb the plans referenced at the end ofthis decision 25 endorsed by the Planning Board. b) The Planning Staff shall approve all artificial lighting used to illuminate the site. All lighting 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 falls entirety within the site and shall be shielded or recessed so as not to shine upon abutting propettics or sfareem The. planning Staff shall review the site. Any changes to the approved lighting pian as may be reasonably required by the Planning Staff shall be made at the owner's expense. All site lighting shall provide security for the site and structures however It must not create any glare or project any light onto adjacent residential properties or oncoming traffic, d) The commercial fire sprinkler systems must be installed in accordance with referenced standard NFPA 13D and In accordance with 780 CMR, Chapter 9 of the Massachusetts State Building Planned Commercial District / Site Plan Review Special Permit -flap 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. The 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 reti 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 way is the applicant to construe that the Planning Board has rev iewed 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. f) The applicant masf 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 to 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 Engineer 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 7'ov�dPP b7the Planning Staff; Any aPpraed ilL%must reinain•covered-at alEtimes 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 12/22/2005 00:56 FAX 978 794 9628 LAW OFFICES Q008 700 22 CIS Cil : LICIp NORTH 1INDOVEti: 9'�'S88B9S42 P• g Planned Commercial District / Site Plan Review Special Permit - Map 271 Parcels 16 through 26 O Walgreens Pharmacy in Retail Bullding November iS, 2005 the duration of the project. The heigk of the specified plants must be measured from final grade, not from tho•base of the root ball. 11. The contractor shalt con met Dig Safe at least 72 hours prior to commencing any excavation. 12 Gas, Telephone, Cable and Electric utilities shall be insialled underground as specs ted by the respective utility companies. . 13. No open burning shall be done except es is permitted during burning season under tha Fire Department regulations, 14. No underground fret storage shall be installed on the project site. 15. The provisions of this conditional approve) shall apply to and be binding upon the applicant, its ernpluyecs and all successors and assigns in interest or control. 16. All blasting shall be in complete compliance 'With regulations and procedures requtrerd by die North Andover Fire Department, The epplicWshelf oMra pre-b[astsurvey to any structure within 1000' ofthe blast site. 17. All snow storage that is stockpiled shall be located in the snow stockpile areas deirored on Sheet 3 of I i of the naoord plan MAS911 October 10, 2005. Snow storage shall not result in the loss of puking spaces except during prompt removal aperadons. Ifstookpile areas are nor sufficient ro handle the snow storage, snow must be moved from the s[tb, 18- Truck deliveries for goods and merchandise shall occur only between the hours of a.m. and l I .nL seven days a week, p 19, The Planning Board expects that the project will be built in accordance with the herein referenced plans and specifications and in full aceordsnca with are design elemerits and features displayed and discussed during the Public liearing s. Any revisions shall be submitted to the Town. Planner for review in accordance with Section 8.3.8 of the Zoning Bylaw. Ifths Town Planner In his/her sole discretion deems them revisions to be substantial as defined in Section 8.3.8, the applicam must Whrutt revised planes to the Planning Board for approval. 21. This Special Permit approval shall be deemed to have lapsed aftNavember 15, 2007 (two years from the date perinit grained) unless submwtial use or construction h$s commenced. Substantial use or construction will be determined by a majority vote of the Planning Board. 22. The following information shall be deemed part of the decision: Plans Titled: The Developmemt Pians for Walgreens Store #10209 ProPmed Walgreen's / Retail Stare Prepared ,For: Mark investments, Inc„ 54 Jaeonnet Street Suite 203 Newton Massachusetts 02461 Prepared By: Bohler Engineering 352 Turnpike !toad Southborough, MA 01772 0 7 '12/22/2005 00:57 PAX 978.794 9828 LAZY OFFICES 1f009 oec RE 05 02:00p HURTH HMDOVER 378889542 p.9 O Planned Comnrvrciai District / Site Pia» Review Special Permit -(Nap 27, Parcels 16 through 76 Walgreens Pharmacy & Retail Building November 1S, 2005 W -s C Scale: 1=302 We: September 13, 3005, Revised November 7, 2005 Sheets: 1 through l l Reports Titled: Drainage/Stormwater Manaagernent Report Praposed Walgreen'a I Retail Store North Andayer, Massachusetts Prepared For: Mark Investments, [no - 54 JRWnndt Street Sulte 203 Newton, Massachusetts 034.61 Prepared By: Bohler Engineering 352 Turnpike Road Southborough, MA 01772 Data: August 5, 2005 Reports Titled: Traffic impact and Access Sandy Proposed Walgreen°s PhumW North Andover, Massachusetts Prepared For. Mark Investments, tub. 54 Jaconnet street Suite 203 Newton, Massachusetts 02461 Prepared By: Vanassae & Associates Transportatlon Engineers and Planners 10 New England Business Center Drive, Suite 314 Andover, MA 01810 Date: Augusz 2005 Elevations: North Andover Massachusetts Proposed Retail Stores Prepared By: Edwards and Kelcey Architects and Engineers 343 Congress Street, Suite 2100 Boston, MA 02210 Date: October 13, 2005 Sheets: Ai .1, A1.2 8 Schedule F-3 Mid RomnGc�mey Keny Healey Luisa Paiewonsky AW if 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 #10209", 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)1 1/2" courses of Class 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 and 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. 0 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 slabs 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 cop of this Permit Y p must be on the ,lob 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 L 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 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. OAll signs and devices shall conform to the 2003 edition of the Manual on Uniform Traffic Control Devices (MUTCD) with the Commonwealth of Massachusetts Amendments. 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 by the Engineer. 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 0 Page 3 of 6 c 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. OPage 4 of 6 C The Grantee shall utilize Controlled Density Fill (CDF) 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 finished product 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. OAfter the work has been completed the Grantee shall use the Infra -Red Method as a surface treatment a minimum of one (1) foot beyond the limits of the trench. 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 pavement markings which have been 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 OPage 5 of 6 c 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. O 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 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. STMlstm Massachusetts Highway Department, By Patricia A. Leavenworth, P.E. District Highway Director Page 5 of 6 C 107 0 Miff Romney Kerry Healey Governor Lt. Governor Completion of Work John Cogliano Luisa Paiewonsky Secretary Commissioner 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, Adington, MA 02476 • (781) 641-8300 C Schedule G Partial Waiver and Subordination of Lien COMMONWEALTH OF MASSACHUSETTS: COUNTY 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: $ 8. Current Amount Due: $ (line 6 less line 7) 9. Pending Change Orders: $ 10. Disputed Claims: $ Date: Application for Payment No.: 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 LO -Z 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 f Seal] N 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 O 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 O of Values, not to exceed ninety percent (90%) 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 o 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 required 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 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 O8.7.3: 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 O 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 0. 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: O11.4: 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 hereby 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 O for an addition to the Contract Sum shall be valid unless so ordered by Owner. 7 • 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 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 O 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 } I A 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 O subcontractor is then entitled to receive on account of the portion of the work performed since the payment preceding, and 11 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 Oproperty damage. 12 } A 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 �1 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 hereby 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 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 M { 0 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 0 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, if any, suffered as a result of the defect or the 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 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 encountered 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 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 the provisions hereof shall benefit of the parties hereto assigns. No third parties, assigns, shall be entitled provisions of this Agreement whatsoever." added as new Article 20.8: "All of be binding upon and inure to the and their permitted successors and other than such successors and to enforce any or all of the or shall have any rights hereunder 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 1# 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 C C 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. 18 ✓lze �dnUnzancaealCf a�,i�iaa.saclu BOARD OF BUILDING REGULATIONS License: CONSTRUCTION SUPERVISOR Number: CS 064841 t Birthdate: 07!0111966 Expires: 07/01/2008 Tr. no: 847.0 f t Restricted: 00' RONALD H LAPRISE 312 BOWEN ST FALL RIVER, MA 02724 Commissioner' TOWN OF NORTH ANDOVER DIVISION OF PUBLIC WORKS 384 OSGOOD STREET NORTH ANDOVER, MASSACHUSETTS 01845-2909 J. WILLIAM HMURCIAK, DIRECTOR, P.E. Eugene P. Willis P.E f NGRTN Telephone (978) 685-0950 ? ewt�''`eo ��� "o Director of Engineering �, Fax (978) 688-9573 July 25, 2006 To Whom It May Concern: The addresses that have been assign to the two buildings at the Walgreen's Plaza at the intersection of Waverly Rd. and Rte 114 will be 790 & 800 Waverly Rd. Director of Engineering Cc: File his certificate is executed by Liberty Mutual Insurance Group as respects such insurance as is afforded by those companies BM0068 Certificate of Insurance This certificate is issued as a matter of information only and confers no rights upon you the certificate holder. This certificate is not an insurance policy and does not amend, extend, or alter the coverage afforded by the policies listed below. a nis is to cernty tnat (Name and address of Insured) D. F. PRAY, INC 25 ANTHONY ST SEEKONK, MA 02771-3701 s, at the issue date of this certificate, insured by the Company under the policy(ies) listed below. The insurance afforded 1 s not altered by anv rennlrement. term or conditinn of anv rnntrart nr nther it --t with -t r...,,6:,.6 rl,;� -:6,...r - Ex iration Type Continuous* Extended X Policy Term Workers Compensation General Liability Hx Claims Made Occurrence Retro Date Automobile Liability X Owned X Non -Owned X Hired t to all their terns, exclusions and conditions and Eff./Ex . Date(s) Policy Numbers Limits of Liability 07/01/2006/07/01/2007 WC1-111-257569-016 Coverage afforded under WC law of Employers Liability the following states: Bodily Injury By Accident All States $500,000 Each Accident Bodily Injury By Disease $500,000 Policy Limit Bodily Injury By Disease $500,000 Each Person 07/01/2006 / 07/01/2007 I YY2-111-257569-026 I General Aggregate -Other than Prod/Completed Operations Products/Completed Operations Aggregate Bodily Injury and Property Damage Liability Per $1,000,000 Occurrence Personal and Advertising Injury Per Person / Other Liability Other Liability $100,000 Fire Legal $5,000 Medical Limit 07/01/2006/07/01/2007 AS2-111-257569-036 Each Accident - Single Limit - B. I. and P. D. Combined $1,000,000 Each Person Each Accident or Occurrence Each Accident or Occurrence UMBRELLA EXCESS 07/01/2006 / 07/01/2007 1 TH2-611-257569-066 $10,000,000 Each Occurrence $10,000,000 General Aggregate $10,000,000 Products/Completed Oper. Agr. C Rice North Andover, LLC., Mark Investments, Inc., Edwards and Kelcey, Walgreen Co., and Walgreen Easter Co. are named as additional insured. Bank of America, N.A. is O listed as additional insured and mortgagee. M M E N T S *If the certificate expiration date is continuous or extended term, you will be notified if coverage is terminated or reduced before the certificate expiration date. However, you will not be notified annually of the continuation ofcoverage. Special Notice - Ohio: Any person who, with intent to defraud or knowing that he / she is facilitating a fraud against an insurer, submits an application or files a claim containing a false or deceptive statement is guilty of insurance fraud. Important information to Florida policyholders and certificate holders: in the event you have any questions or need information about this certificate for any reason, please contact your local sales producer, whose name and telephone number appears in the lower left comer of this certificate. The appropriate local sales office mailing address may also be obtained by calling this number. Notice of cancellation: (not applicable unless a number of days is entered below) . Before the stated expiration date the company will not cancel or reduce the insurance afforded under the above policies until at least 30 days notice of such cancellation has been mailed to: Office: WESTON,MA-SOUTH Phone: 781-891-8900 Certificate Holder: Rice North Andover, L.L.C. c/o Mark Investments, Inc. 54 Jaconnet Street Suite 203 Newton, MA 02461 CLARE HALLAHAN Date Issued: 07/07/2006 Prepared By: KS I 1 s•: c c c� C L h � O_ C 'r O V V � ;L C- ;L C . O O m C ;= O : O 3 E a� _MAD 0 d \� ti ES cm ..i O C fie a if ` 1 y �m o y O C o, .: ac3 m E O O *-z O C cm"s c a o z�c m v °� Zcc o 44 coo a, c Q m �ymC N = m o= 3 m$, m s W Cc +- � � cr �� o C43 a O'O OM J _ C43 .a`�� O F- z .6- CL.- m > O O U CO) y E CLL O a� v a CO) 0 COD O V C O H Cd a a x w v a c9� � o w x v U —co w" o w G i7. w w w w" � C7 x w w � w w ° v, 8 ° cn c c c� C L h � O_ C 'r O V V � ;L C- ;L C . O O m C ;= O : O 3 E a� _MAD 0 d \� ti ES cm ..i O C fie a if ` 1 y �m o y O C o, .: ac3 m E O O *-z O C cm"s c a o z�c m v °� Zcc o 44 coo a, c Q m �ymC N = m o= 3 m$, m s W Cc +- � � cr �� o C43 a O'O OM J _ C43 .a`�� O F- z .6- CL.- m > O O U CO) y E CLL O a� v a CO) 0 COD O V C O H i Town of North Andover BUILDING DEPARTMENT November 17, 2006 Rick Nardella, Chairman Planning Board for the Town of North Andover 1600 Osgood Street Building 20 Suite 2-36 North Andover, Massachusetts 01845 Re: Special Permit for Retail Pet Services in a Planned Commercial District at the Corner of Waverly Road And Turnpike Street, Route 114, North Andover Dear Chairman Nardella: I have reviewed the proposed uses being requested in the Special Permit from the Petitioner, Rice North Andover LLC, for a retail pet store at the corner of Waverly Road and Turnpike Street in North Andover in a planned commercial district and have determined that the following retail sales uses are allowed in said district under Special Permit: retail sales of pet food, pet supplies, live tropical fish; live animals (examples hamsters, and guinea pigs), birds and reptiles (examples turtles and iguanas), pet grooming, pet training services, and appurtenant veterinary services. File Special Pamiwoc If you require any further qualifications, please do not hesitate to contact me. Sincerely, Gerald A. Brown, Inspector of Buildings Community Development Division, 1600 Osgood Street, North Andover, Massachusetts 01845 Phone 978.688.9545 fox 978.688.9542 Web www.townofnorthandover.com November 15, 2006 Rick Nardella, Chairman Planning Board for the Town of North Andover 1600 Osgood Street Building 20, Suite 2-36 North Andover, Massachusetts 01845 RE: Special Permit for Retail Pet Services in a Planned Commercial District at the Corner of Waverly Road and Turnpike Street, Route 114, North Andover Dear Chairman Nardella: I have reviewed the proposed uses being requested in the Special Permit from the Petitioner, Rice North Andover, LLC, for a retail pet store at the corner of Waverly Road and Turnpike Street in North Andover in a planned commercial district and have determined that the following retail sales uses are allowed in said district under Special Permit: retail sales of pet food, pet supplies, live tropical fish; live animals (examples hamsters and guinea pigs), birds and reptiles (examples turtles and iguanas), pet grooming, pet training services, and appurtenant veterinary services. If you require any further qualifications, please do not hesitate to contact me. Very truly yours, 1 Edbwaffldv �/fe/aey ENGINEERS ARCHITECTS PLANNERS CONSTRUCTORS January 29, 2007 343 Congress Street Boston, Massachusetts 02210 Voice 617.242.9222 Fax 617.242.9824 www.ekcorp.com Mr. Gerald Brown Building Inspector Town of North Andover 1600 Osgood St. North Andover, MA 01845 RE: Field Report # 6 Walgreens Plaza Waverly Road Permit No. 043 EK Project No. 0500.13.272 Dear Mr. Brown: I reviewed the construction of masonry walls on the PETCO and relevant test reports for conformance with the drawings and specifications permitted for construction. In addition I reviewed the installation of interior partitions and MEP systems in the Walgreens. The exterior sheathing on Walgreens is schedule to begin shortly. I report that work done to date, appears to be in compliance with the plans and specifications permitted for construction. Should you have any questions please feel free to call. Very truly yours, Vk- 64��Q 19 - &4o.W�4 Michael A. Cassav oy, P.E., R.A. Vice President MAC/mac c: Russ Benassi — D. F. Pray JA2005 Projects\050013.272\Documents\Construction\Field Reports\Field Report 01-29-07.doc Date. 1�3:a TOWN OF NORTH,,ANDOVER > PERMIT FOR A LUMBING 41 This certifies that ... "q'/-`` ���..../..6 .� ............... has permission to perform ....l4J �.-.. JQ v� L �� `', �.' plumbing in the buildings of ...... `............ . at ... .`^...... c ` t' .. (,,North Andover, Mass. Fee. 7(. `Lic. No.. 0. ... ..... k...........� .. / 71 ) C PLUMBING INSPECTOR Check # % L 7259 MASSACHUSETTS UNIFORM APPLICATION FOR PERMIT TO DO PLUMBING (Type or print) NORTH ANDOVER, MASSACHUSETTS Building Location I PQ -6 Name Date /O d -r;7 aK Permit # L T--7 r' Amount 7 D V Type of Occupancy New Renovation Replacement 0 Plans Submitted Yes 0 No FIXTURES (Print or type) Check one: Installing Company Name zal--21 /�f'✓ C- Corp. El Partner U Firm/Co. Name of Licensed Plumber. I c /� iF�Z �i �(J`�d� S'�ol ' /J- 7y Insurance Coverage: Indicate the type of insurance coverage by checking the appropriate box: Liability insurance policy /a Other type of indemnity 11 Bond ❑ Certificate 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 11 Agent 11 I hereby certify that all of the details and information I have submitted (or entered) in above application are true and accurate to the best of my knowledge and that all plumbing work and installations performed under Permit Issued for this application will be in compliance with all pertinent provisions of the Massachusetts State Plumbing Code and Chapter 142 of the General Laws. By: igna Z. orumemea rlu—mTer Type of Plumbing License Title / 30186 APPROVED iJ cense um er Master Journeyman ❑ APPROVED (OFFICE USE ONLY Date .: 49.? ...... ! .r pf NORTH 1'I. TOWN OF NORTH AN VER PERMIT' FOR GAS I ALLATION 9 This certifies that .............. has permission for gas installation ...! in the buildings of ...G. . 1� ./�.Ax ........... at North Andover, Mass. Fee..3D6 Lic. No.,�.71l . L - ... . GASINSPECTOR Check# // NIASSACHUSETTS UNIFORM APPUCATON FOR PERNllT TO DO GAS FITTING (Type or print) NORTH ANDOVER, MASSACHUSETTS Building Locations Owner's Name New El Renovation 1:1 Replacement 11 Date Permit # es o �y Amount $ Plans Submitted (Print or type) /� / C eck one: Certifi ten g Company tallin Name i`sj/!;2/Of1---��'L Corp. 13 Partner. 11 Firm/Co. Name of Licensed Plumber or Gas Fitter ,� ,41Q INSURANCE COVERAGE Check one: I have a current liability Insurance policy or it's substantial equivalent. Yes 0 . No O If you have checked Les, please indicate the type coverage by checking the appropriate box. Liability insurance policy a— Other type of indemnity 13 Bond 13 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 13 1 hereby certify that all of the details and information I have submitted (or entered) in above application are true and accurate to the hest of my knowledge and that all plumbing work and installations performed under Permit Issued for this application will be in compliance with all pertinent provisions of the !Massachusetts State Gas Code and Chapter 142 of the: General Laws. By: 'Title City/Town ,\PPROV ED (OFFICE USE ONLY) Signature of Licensee! Plumber Or Gas Fitter Plumber �02aK Gas Fitter License Number 'Master Journeyman 1 Date 1 0). V.. �.4. TOWN OF NORTH AND PERMIT FOR PLUMBING This certifies that ...I-Q-il. P .... /r/17 has permission to perform ....4"-t : ! ,,, �� ,"S ..................... plumbing in the buildings of le KS .................. at .. A..... !�Jrr. frei+ �y.... P -d ..... ;. . NorthAndover, Mass. 9 r / ff Fee . ... Lic. No..16 50 � ... A� A /... f�.......... . r• S{� PLUMBING INSPECTOR Check # GS • r3� `f7 �f 7 7225 M MASSACHUSETTS UNIFORM APPLICATION FOR PERMIT TO DO PLUMBING (Type or print) NORTH ANDOVER., 1MASSACHU Building Location 60 IQ t%62` ` Of y� . � I ep'e-)110 E Date Permit # Amount New U Renovation 0 Replacement 1:1 Plans Submitted Yes No FIRTURES • (Print or type)�� t�S Check one: Certificate Installing Company Name �( iC Corp. Partner. Business Telephone Firm/Co. Name of Licensed Plumber Insurance Coverage: Indicate the type of insurance coverage by checking the appropriate box: Liability insurance policy 11 Other type of indemnity 11 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 IOwner 0 Agent I hereby certify that all of the details and information I have submitted (or entered) in above application are true and accurate to the best f my knowledge and that plumbing world and installations pt g der Permij sssued for this application will be in compliance with all pertinent provisions of the M achusetts State P min C e and Wj 42 of the General Laws. :D (OFFICE USE ONLY © t? III censeum rte"—� Master Journeyman I Date.. M.—. '96 ... 0—TOWN OF NORTH ANDOVER PERMIT FOR WIRING This certifies that .......... .... E4 6 -r -/, ............ ............................... has permission to perform .... .................................... wiring in the building of .............. .............................. at ...... A0 ........... ................ ..... ............. North Andover, Mass. .......... ............. ... Fee Lic. No. 3.0� ........ . - Im ELECTRICAL INSPECTOR Check # 7009 a Commonwealth of Massachusetts Department of Fire Services r` BOARD OF FIRE PREVENTION REGULATIONS Official Use Only Permit No. 7--(2o!2 Occupancy and Fee Checked [Rev. 9/051 (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: a4_ / % 0-0066 City or Town of. /V I�A-fbOVCW,' 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) 500 WIUOe60y Owner or Tenant Owner's Address Is this permit in conjunction with a building permit? Purpose of Building Existing Service Amps / Volts New Service AD— Amps la)/ t;YrVolts Number of Feeders and Ampacity Telephone No.ag-33& 3LYA,' /I/4--" lt� Yes � No ❑ (Check Appropriate Box) Utility Authorization No. `ltZ 0?61e, Overhead ❑ Undgrd ❑ No. of Meters Overhead 0-' Undgrd ❑ No. of Meters / Location and Nature of Proposed Electrical Work: /�,!5�7 Completion of the following table may be waived by the Inspector of Wires. No. of Recessed Luminaires No. of Ceil.-Susp. (Paddle) Fans No. of Total Transformers KVA No. of Luminaire Outlets No. of Hot Tubs Generators KVA No. of Luminaires Swimming Pool Above ❑ In- ❑ rnd. grnd. o. of Emergency Lignting 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 Tons No. of Alerting Devices No. of Waste Disposers Heat Pump Totals: Number Tons KW I.- .................. No. oSelf-Contained Detection/Alerting Devices No. of Dishwashers Space/Area Heating KW Local ❑ Municipal ❑ Other Connection No. of Dryers Heating Appliances KW Security Systems: No. of Devices or Equivalent No. of Water KW Heaters No. of No. of Signs Ballasts Data Wiring: No. of Devices or Equivalent No. Hydromassage Bathtubs No. of Motors Total HP Telecommunications Wiring: No. of Devices or Equivalent OTHER: Attach additional detail if desired, or as required by the Inspector of Wires. Estimated Value�,Elcal Work: /S�®, t (When required by municipal policy.) Work to Start: Inspections to be requested in accordance with MEC Rule 10, and upon completion. INSURANCECGE: 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 covers e is in force, and has exhibited proof ofsameto the permit issuing office. CHECK ONE: INSURANCE B" -BOND ❑ OTHER ❑ (Specify:)231L/� [ I certify, under the pa�• s and egi ties o perjury, that to information on this application istrue and complete. FIRM NAME: �%;iC'/2C�11Q � %Z�� Zv& LIC. NO.: Licensee: CInI/{� /1�6Y/ _ .J Signature LIC. NO.:®%iS76i3 (Ifopplicable, enter "exe ipt" in the lic se number ine.) / Bus. Tel. No.:,�29SZS-� X2 Address: Zr �. d -e-l ✓/� ee/ Alt. Tel. No.: *Security System Contractor License required for this work; if applicable, enter the license number here: OWNER'S INSURANCE WAIVER: 1 am aware that the Licensee does not have the liability insurance coverage normally required by law. By my signature below, 1 hereby waive this requirement. 1 am the (check one) ❑ owner ❑ owner's agent. Owner/Agent PERMIT FEE: $ Signature Telephone No. 400 Date. 111A/:r TOWN OF NORT PERMIT FOR4 DOVER LUMBING v This certifies that .,art!! ..f .... f A/ ................... has permission to perform .. 4/.'!!'u/.ei-, .. h.5......... . plumbing in the buildings of . AIM ........................... at .....�1.Q..... ±!C E'!�. ����... ;f!.,.... , North Andover, Mass. Fee.. i57 . Lic. No/0. �. q . .... ..'`•... ......`.�......... . PLUMBING INSPECTOR Check # rSSr.�33-3%tjF7 7226` MASSACHUSETTS UNIFORM APPLICATION FOR PERMIT TO DO PLUMBING (Type or print) NORTH ANDOVER, MASSACHUSETTS Building Location 10'3,0 -Mk V /0 Owners Name P Iir/ G t- I t 0j f`�r plt t- co New [o Renovation 0 Replacement FIXTURES Date /;? ",-), � ---0 4 Permit # Amount Plans Submitted Yes ❑ No (Print or type)Check one: Certificate Installing Company Name Tlbu �� ❑ Corp. Address "T W ❑Partner. Business Telephone Firm/Co. Name of Licensed Plumber. Insurance Coverage: Indicate the type of insurance coverage by checking the appropriate box: Liability insurance policy ❑ Other type of indemnity ❑ 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 entered) in above application are true and accurate to the best of my knowledge and that all plumbing work and installations performedder Permit Issued for this application will be in compliance with all pertinent provisions of the Massa rsetts State Plumbing rode d (. apter 142 of the General Laws. D (OFFICE USE ONLY T of Plumbin icense LIt5®' cense um Master Journeyman It MILLER ENGINEERING &TESTING INC. TRANSMITTAL LETTER TO: FRANK QUIGLEY MARK INVESTMENTS, INC. C/O FD QUIGLEY & ASSOC. 10 OLD FARM ROAD WILBRAHAM, MA 01095-1445 Enclosed we are sending the following reports: DATE: 10/30/2006 JOB NO: 06.267.NH PROJECT: WALGREEN'S/PETCO, N. ANDOVER LOCATION: NORTH ANDOVER, MA COPIES: DATE: DESCRIPTION: 0 10/25/06 REINFORCING STEEL OBSERVATION REPORT Remarks: COPIES TO: 1 -Al Mckinnon, Heritage Consulting, LLC 1 -Gerald A. Brown, Town of North Andover Inspector of Buildings 1 -Ron Laprie, DF Pray 1 -Michael Cassavoy, Edwards & Kelcey EMAIL ONLY: 1 -Frank Quigley, Mark Investments. Inc. Thank You, MILLER ENGINEERING & TESTING, INC. Peter Schwotzer CORPORATE OFFICE: 100 Sheffield Road - PO BOX 4776 -Manchester, NH 03108 - TEL: (603) 668-6016 -FAX: (603) 668-8641 SATELLITE OFFICES. 130 East Main St. -P.O. BOX 11 -Northborough, MA 01532 -TEL: (508) 393-2607 -FAX: (508) 393-8490 474 Dorchester Ave. - Boston, MA 02127 — TEL: (617) 269-8829 - FAX: (617) 269-8837 It N •J N (D N 1p (D (D lD fD (D (D (D H H H C e� � 0 b� H � r y �a yI.Ai1. � Iii Q 1� y x y� n 7d y z x � � � n y z z O FSI O z o 0 0 o � � � � x K b �o � �o �o � p o o CD CD b � voco�000aaoo � �°•aroo�o v��'=+'t� no � � 3 p o---� - y x3d Y — z 3 � d o nY�5����� Dril= � k V) a � .o � � � � � m a o� t `� � � Y `< co o z o =z a � a o � a'�° y �s °O o $� o r ,� .pJ' � � o •J n C .. 9 z fD � n o CA 0 r CD m SCD (10 c m J � � N vii y n m 0 �Gp CD •J � PP o z X Z E fD •J Qr x M v r_ � Z C G N lJ P r m ooa W� m Woo oo m b A � A yy� CD l J w 4 w r+ CD N co = `� 90 1 oq �. cn to o CD � Z CD oo O L1I � o _ CD n • r.d N 00 IF J 00 •J �CA N •J N (D N 1p (D (D lD fD (D (D (D H H H C e� � 0 b� H � r y �a yI.Ai1. � Iii Q 1� y x y� n 7d y z x � � � n y z z O FSI O z o 0 0 o � � � � x K x y� n 7d y z x � � � n y z z O FSI O z o 0 0 o � � � � x K