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Home My WebLink AboutMiscellaneous - 95 CARLTON LANE 4/30/2018TOWN OF NORTH ANDOVER SYSTEM PUMPING RECORD DATE:, SYSTEM OWNER & ADDRESS SYSTEM LOCATION 6albaiqD q5 C6,1 (example: left front of house) DATE OF PUMPING: S' l`�-D QUANTITY PUMPED /5 J 6 GALLONS CESSPOOL: NO�_ YES SEPTIC TANK: NO YES -Z NATURE OF SERVICE: ROUTINE OBSERVATIONS: GOOD CONDITION HEAVY GREASE ROOTS EXCESSIVE SOLIDS SOLIDS CARRYOVER SYSTEM PUMPED BY: EMERGENCY FULL TO COVER BAFFLES IN PLACE LEACHFIELD RUNBACK FLOODED OTHER (EXPLAIN) ' TOV01 OF NORTH ANDOVER/ BOARD OF HEALTH Location t No. .2 Date .4= kORTM TOWN OF NORTH ANDOVER p Certificate of Occupancy $ 57A 0 Building/Frame Permit Fee $ � 7- �SJ�cHUSEs Foundation Permit Fee $ Other Permit Fee $ �G Sewer Connection Fee C� Water Connection Fee $ ""------ �.� 'TOTAL ��1�� •—'�� Building Inspector _ . 6304 Div. Public Works PE&atI1 NO. s " APPLICATION FOR PERMIT TO BUILD — NORTH ANDOVER. MASS. Q/. !/PAGE 1 MAP h40. I LOT NO. 2 RECORD OF OWNERSHIP IDATE BOOK 'PAGE ZONE SUB DIV. LOT NO. — LOCATION G�C� 1 1 �V .,A/! Y� PURPOSE OF BUILDING BUN ,l Q0b� OWNER'S NAME '^ M' O ,- lc 7_ NO. OF STORIES SIZE r C OWNER'S ADDRESS J BASEMENT OR SLAB ON�9_ TuSIS ,Dl.I" ARCHITECT'S NAME SIZE OF FLOOR TIMBERS IST �y V lh 2ND 3RD /� BUILDER'S NAME Wl Li GA SPAN '�t Oma( DISTANCE TO NEAREST BUILDING Sol -�^ CC77 DIMENSIONS OF SILLS DISTANCE FROM STREET el / L JC POSTS `7 DISTANCE FROM LOT LINES — SIDES('01/ �v�p REAR tl�J .C. t /FRONTAGEt yJ�� GIRDERS AREA OF LOT l� �1, CZQ^ Z /► GO Vt' J HEIGHT OF FOUNDATION THICKNESS IS BUILDING NEW a'V O/L SIZE OF FOOTING O •[ �1 0��[ 'Q/• R IS BUILDING ADDITION ES YES JO MATERIAL OF CHIMNEY IS BUILDING ALTERATION IS BUILDING ON SOLID OR FILLED LAND S O I i o WILL BUILDING CONFORM TO REQUIREMENTS OF CODE YES IS BUILDING CONNECTED TO TOWN WATER BOARD OF APPEALS ACTION, IF ANY IS BUILDING CONNECTED TO TOWN SEWER IS BUILDING CONNECTED TO NATURAL GAS LINE INSTRUCTIONS SEE BOTH SIDES PAGE 1 FILL OUT SECTIONS 1 - 3 PAGE 2 FILL OUT SECTIONS 1 - 12 `- tELECTRIC METEPS MUST BE ON OUTSIDE OF BUILDING 1 ATTACHED GARAGES MUST CONFORM TO STATE FIRE REGULATIONS PLANS MUST BE FILED �}AND /1APPROVED BY BUILDING INSPECTOR ](C� DATE FILED / 1 C� �"/ ` 3 SIGNATURE OF OWNER O*4UTHORIZED AGENT F E E o �o tJ C1 OWNER TEL. #/�� PERMIT GRANTED CONTR. TEL. #�l ! d 19 9� CONTR. LIC. # T ZL23 1993 i�_�I 3 PROPERTY INFORMATION LAND COST EST. BLDG. COST J LS EST. BLDG. COST PER SQ. FT. I5 EST. BLDG. COST PER ROOM SEPTIC PERMIT NO. 4 APPROVED BY BOARD OF HEALTH PLANNING BOARD BOARD OF SELECTMEN N•a ILJWJno imurKGTOR r BUILDING RECORD 1 OCCUPANCY 12 SINGLE FAMILY StORIEs THIS SECTION MUST SHOW EXACT DIMENSIONS OF LOT AND DISTANCE FROM _ MULTI. FAMILY OFFICES LOT LINES AND EXACT DIMENSIONS OF BUILDINGS. WITH PORCHES. GA - APARTMENTS RAGES, ETC. SUPERIMPOSED. THIS REPLACES PLOT PLAN. CONSTRUCTION - 2 FOUNDATION 8 INTERIOR FINISH CONCRETE B 1 2 13 CONCRETE BL'K. BRICK OR STONE HARDWD PIERS PLASTER _ DRY WALL UNFIN. 3 BASEMENT AREA FULL FIN. B M AREA _ FIN. ATTIC AREA N_O B MT FIRE PLACES _ HEAD ROOM MODERN KITCHEN 4 WALLS I 9 FLOORS CLAPBOARDS B 1 2 3 DROP SIDING CONCRETE WOOD SHINGLES EARTH _ ASPHALT SIDING HARDW D _ ASBESTOS SIDING _ COMMGN VERT. SIDING ASPH. TILE STUCCO ON MASONRY _ STUCCO ON FRAME BRICK N MASONRY ATTIC STRS. 8 FLOOR I WIRING 5 ROOF II 10 PLUMBING GABLE I HIP GAMBRELMANSARD FLAT I SHED - -. t .r .. _ ' - - BATH (3 FIX.) TOILET RM. 12 FIX.) WATER CLOSET _ _ ASPHALT SHINGLES LAVATORY _ WOOD SHINGES KITCHEN SINK SLATE NO PLUMBING _ TAR & GRAVEL STALL SHOWER _ ROLL ROOFING MODERN FIXTURES _ 6 FRAMING 11 HEATING - -. t .r .. _ ' - - . WOOD JOIST PIPELESS FURNACE FORCED HOT AIR FURN. TIMBER BMS. & COLS. STEAM STEEL BMS. & COLS. HOT W'T'R OR VAPOR WOOD RAFTERS _ AIR CONDITIONING _ RADIANT H'T'G UNIT HEATERS 7 NO. OF ROOMS GAS OIL B'M'T 2nd ELECTRIC _ 1st 13rd NO HEATING t FORM U - LOT RELEASE FORM INSTRUCTIONS: This form is used to verify that all necessary approvals/permits from Boards and Departments having jurisdiction have been obtained. This does not relieve the applicant and/or landowner from compliance with any applicable local or state law, ' regulations or requirements. ****************Applicant fills out this section***************** APPLICANT: S �Im l S pp/f i l lw o Phone 6s Is 009.1 - LOCATION: 09.1 LOCATION: Assessor's Map Number Parcel Subdivision /� �IpJ Lot(s) Street J / A2 �� St. Number C S ************************Official Use Only************************ RECOMMENDATIONS OF TOWN AGENTS: l 111�1 DM a+, h:5 Date Approved 2 Conservation Administrator Date Rejected Comments Date Approved Town Planner Date Rejected Comments Date Approved Food Inspector -Health Date Rejected —,W Date Approved Zlxalq Septic Inspector -Health Date Rejected Comments Public Works - sewer/water connections - driveway permit Fire Department ------ - Received by Building Inspector Date 2 � .J COMMONWEALTH. OF MASSACHUSETTS EXPIRATION DATE 03/12/1996 RESTRICTIONS NONE SS 4 021-44-1020 PHOTO 113LASTING OPR ONLY) � .00 HEIGHT: DOB: 3/12/1953 THIS DOCUMENT MUST BE CARRIED ON THE PERSON OF THE HOLDER WHEN EN- OTHERS- RIGHT THUMB PRINT GAGED IN THIS OCCUPATION. C\in;mmw 40 -IMI WIN HOME IMPROVEMENT CONTRACTCir= , R iI4TRATICJPa 1 Ci R.i-�1 of BuilulitCit Stain' a7'':'s One Ashburton P.Lace Room 1. '01. HOME IMPROVEMENT CONTRACTOR. r:E'gistrc"it.lOn 1,04931 CF. XGl 7 at. .l. o-1 07/15 �f TyP� PRIVATE CO!~PORATTON DEPARTMENT OF PUBLIC SAFETY ONE ASHBORTON PLACE r" a currant BOSTON, MA 02108 !9rar" C';rtlrn d LICENSE at tats 1t,.""'UUTION CONSTR. SUPERVISOR FOR PROTECTION AGAINST EFFECTIVE DATE LIC -N0. THEFT, PUT RIGHT THUMB 106/30/1993 000577 m PRINT IN APPROPRIATE , ° BOX ON LICENSE. PHENRY' C DECKER 9 0 1 L I T TL E S LN BLASTING OPERATORS ZNEWBURY MA Q195Q m z m MUST INCLUDE PHOTO. NOT VALID UNTIL SIGNED BY LICENSEE AND OFFICIALLY STAMPED - OR - SIGNATURE OF THE COMMISSIONER SIGNATURE OF LICENSEE '//A rC�OM I ION6R �L.1:.�ir,td?a:'iPt:i':^,l,ullt%%/ng •. x cavau 9G+'rovc+caticn SIGN NAME IN FULL ABOVE SIGNATURE LINE Henry C. t`�.ecke7' Clt�t��i)1 E?Uilul.n:� LTD He I i y C. Bee ke i 1 Little's• Lane Newbury FIA 01951. C ; JUL 2 31993 ;1 t� 6 Lug I ti U L4_ JULY""' 17',1111 -DING DEPT I— -- --- -..v .. 1 a� '�� •4 -t �"CSL' E L E vA-r 1 0"5. PCS%r-" A6 5-t .T 1►IV .2cUr.F 14.9 G.'1, ].Ar- f/, GpV,� L,Totj La.NF-- AS EuiL-r 5uES-5uV.F,o,�E DisPO SY5TEM ►tJ Q o R. --r �4 Aw poyEfz 'SGA 1 .E i - = 40 DAT 21c►�o�� F. K AMII\JSkI �r.I�pSSOC1 f=1.1GItJ EEfz S d�C►-IITEG,'T-' LdI.Jr7 P�dIVNE.2s�aNv su.gE ■ GpV,� L,Totj La.NF-- AS EuiL-r 5uES-5uV.F,o,�E DisPO SY5TEM ►tJ Q o R. --r �4 Aw poyEfz 'SGA 1 .E i - = 40 DAT 21c►�o�� F. K AMII\JSkI �r.I�pSSOC1 f=1.1GItJ EEfz S d�C►-IITEG,'T-' LdI.Jr7 P�dIVNE.2s�aNv su.gE OFFICES OF: APPEALS BUILDING CONSERVATION HEALTH PLANNING z JLU,WE ,UL NORTH ANDOVER, . DIVISIONOF ., rt PLANNING & COMMUNITY DEVELOPMENT KAREN H.P. NELSON, DIRECTOR I ao Main street North Andover. Massachusetts 0 1845 (617) 685-4775 In accordance with the provisions of MGL c'40, S 54, a. condition of Building Permit Number is that the debris resulting from this work shall be disposed of in a properly licensed solid waste disposal facility as derined by MGL c 111, S 150A. The debris will be disposed of in: bU"?-V (Location of.Facility) C Permit Applicant 1 ' Date NOTE: Demolition permit from the Town of North Andover must be obtained for this project through the Office of the Building Inspector. Standard Form of Agreement Between Owner and Contractor where the basis of payment is a STIPULA TED SUM THIS DOCUMENT HAS IMPORTANT LEGAL CONSEQUENCES; CONSULTATION WITH AN ATTORNEY IS ENCOURAGED WITH RESPECT TO ITS COMPLETION OR MODIFICATION. AGREEMENT made as of the day of July in the year of Nineteen Hundred and Ninety - Three and BETWEEN the Owner: James and Alyce Galiano 95 Carlton Lane North Andover, MA 01845 and the Contractor: Henry C. Becker Custom Building, Ltd. 1 Little's Lane Newbury, MA 01951 The Project is: Addition at 95 Carlton Lane The Architect is: There is no Architect for this Project and any references to an Architect contained herein are inadvertent and without force or effect. The Owner and Contractor agree as set forth below. p aim JUL I, I —11 -DING DE'iap,i3'tNIEN7 j ARTICLE 1 THE WORK OF THIS CONTRACT 1 The contractor shall execute the entire Work described in the Contract Documents, except specifically indicated in the Contract Documents to be the responsibility of others, or as follows: 1.1.1 Proposal dated 13 July 1993 and attached to this agreement. 1.1.2 Plans titled "Galiano Residence Addition" Dated 12 May 1993. ARTICLE 2 DATE OF COMMENCEMENT AND SUBSTANTIAL COMPLETION 2.1 The date of commencement is the date from which the Contract Time of Paragraph 2.2 is measured, and shall be the date of this Agreement, as first written above, unless a different date is stated below or provision is made for the date to be fixed in a notice to proceed issued by the Owner. lInsert the date of commencement if it differs from the date of this Agreement or, if applicable, state that the date will be fixed on a notice to proceed.) 2.2 The Contractor shall achieve Substantial Completion of the entire Work not later than 1 November 1993. (insert the calendar date or number of calendar days after the date of commencement. Also insert any requirements for earlier Substantial Completion of certain portions of the Work, if not stated elsewhere in the Contract Documents.) , subject to adjustments of this Contract Time as provided in the Contract Documents. (Insert provisions, if any, for liquidated damages relating to failure to complete on time.) None. ARTICLE 3 CONTRACT SUM 3.1 The Owner shall -pay the Contractor in current funds for the Contractor's performance of the Contract the Contract Sum of 023,835.001, � Twenty three thousand eight hundred thirty-five Dollars, subject to additions and deductions as provided in the Contract Documents. 3.2 The Contract Sum is based upon the following alternates, if any, which are described in the contract Documents and are hereby accepted by the Owner: IState the numbers or other identification of accepted alternates. If decisions on other alternates are to be made by the Owner subsequent to the execution of this Agreement attach a schedule of such other alternates showing the amount for each and the date until which that amount is valid.) 3.3 Unit prices, if any are as follows: ARTICLE 4 PROGRESS PAYMENTS 4.1 Based upon Applications for Payment submitted to the Owner by the Contractor, the Owner shall make progress payments on account of the Contract Sum to the Contractor as provided below and elsewhere in the Contract Documents. The portion of construction covered by each Application of Payment shall be as follows: See attached Payment Schedule for each portion of construction and corresponding payment. Owner shall pay Contractor in advance for any Additional Work to be performed pursuant to Article 13. 4.2 Payments due and unpaid under the Contract shall bear interest from the date payment is due at the rate stated below, or in the absence thereof, at the legal rate prevailing from time to time at the place where the Project is located. 1 1/2% per Month with any interest outstanding at the end of the month becoming part of the Principal. (Usury laws and requirements under the Federal Truth in Lending Act, similar state and local consumer credit laws and other regulations at the Owner's and Contractor's principal places of business, the location of the Project and elsewhere may affect the validity of this provision. Legal advice should be obtained with respect to deletions or modifications, and also regarding requirements such as written disclosures or waivers./ ARTICLE 5 FINAL PAYMENT 5.1 Final payment, constituting the entire unpaid balance of the Contract Sum, shall be paid by the Owner to the Contractor when the Work has been completed and the Contract fully performed, but excluding any Additional Work. ARTICLE 6 ENUMERATION OF CONTRACT DOCUMENTS 6.1 The Contract Documents are listed in Article 7 and, except for Modifications issued after execution of this Agreement, are enumerated as follows: 6.1.1 The Agreement is this executed Abbreviated Form of Agreement Between Owner and Contractor. 6.1.2 The Supplementary and other Conditions of the Contract are those contained in the Project Manual dated , and are as follows: Document See Section 1.1 Title Pages 3 6.1.3 The Specifications are those contained in the Project Manual dated as in Subparagraph 6.1.2, and are as follows: Section Title Pages See Section 1.1.1 6.1.4 The Drawings are as follows, and are dated unless a different date is shown below: !Either list the Orawinps here or refer to an exhibit attached to thisApreementl Number Title Pages See Section 1.1.2 6.1.5 The Addenda, if any are as follows: Number Date Pages Portions of Addenda relating to bidding requirements are not part of the Contract Documents unless the bidding requirements are also enumerated in this Article 6. 6.1.6 Other documents, if any, forming part of the Contract Documents are as follows: (List any additional documents which are Intended to form part of the Contract Documents.) Payment Schedule attached hereto. 4 GENERAL CONDITIONS ARTICLE 7 CONTRACT DOCUMENTS 7.1 The Contract Documents consist of this Agreement with Conditions of the Contract (General, Supplementary and other conditions), Drawings, Specifications, addenda issued prior to the execution of this Agreement, other documents listed in this Agreement and Modifications issued after execution of this Agreement. The intent of the Contract Documents is to include all items necessary for the proper execution and completion of the Work by the Contractor. The Contract Documents are complementary, and what is required by one shall be as binding as if required by all; performance by the Contractor shall be required only to the extent consistent with the Contract Documents and reasonably inferable from them as being necessary to produce the intended results. 7.2 The Contract Documents shall not be construed to create a contractual relationship of any kind between the Owner and a Subcontractor or Sub - subcontractor or between any persons or entities other than the Owner and Contractor. 7.3 Execution of the Contract by the Contractor is a representation that the Contractor has visited the site and become generally familiar with the local conditions under which the Work is to be performed. 7.4 The term "Work" means the construction and services required by the Contract Documents, whether completed or partially completed, and includes all other labor, materials, equipment and services provided or to be provided by the Contractor to fulfill the Contractor's obligations. The Work may constitute the whole or a part of the Project. ARTICLE 8 OWNER 8.1 The Owner shall furnish surveys and a legal description of the site. 8.2 Except for permits and fees which are the responsibility of the Contractor under the Contract Documents, the Owner shall secure and pay for necessary approvals, easements, assessments and charges required for the construction, use or occupancy of permanent structures or permanent changes in existing facilities. 8.3 It the Contractor fails to correct Work which is not in accordance with the requirements of the Contract Documents or persistently fails to carry out the Work in accordance with the Contract Documents, the Owner, by a written order, may order the Contractor to stop the Work, or any portion thereof, until the cause for such order has been eliminated; however, the right of the Owner to stop the Work shall not give rise to a duty on the part of the Owner to exercise this right for the benefit of the Contractor or any other person or entity. ARTICLE 9 CONTRACTOR 9.1 The Contractor shall supervise and direct the Work, using the Contractor's best skill and attention. The Contractor shall be solely responsible for and have control over construction means, methods, techniques, sequences and procedures and for coordinating all portions of the Work under the Contract, unless Contract Documents give other specific instructions concerning these matters. 9.2 Unless otherwise provided in the Contract Documents, the Contractor shall provide and pay for labor, materials, equipment, tools, construction equipment and machinery, water, heat, utilities, transportation, and other facilities and services necessary for the proper execution and completion of the Work, whether temporary or permanent and whether or not incorporated or to be incorporated in the Work. 9.3 The Contractor shall enforce strict discipline and good order among the Contractor's employees and other persons carrying out the Contract. The Contractor shall not permit employment of unfit persons or persons not skilled in tasks assigned to them. 9.4 The Contractor warrants to the Owner and Architect that materials and equipment furnished under the Contract will be of good quality and new unless otherwise required or permitted by the Contract Documents, that the Work will be free from defects not inherent in the quality required or permitted, and that the Work will conform with the requirements of the Contract Documents. Work not conforming to these requirements, including substitutions not properly approved and authorized, may be considered defective. The Contractor's warranty excludes remedy for damage or defect caused by abuse, modifications not executed by the Contractor, improper or insufficient maintenance, improper operation, or normal wear and tear under normal usage. 9.5 Unless otherwise provided in the Contract Documents, the Contractor shall pay sales, consumer, use, and other similar taxes which are legally enacted when bids are received or negotiations concluded, whether or not yet 9.6 9.7 9.8 9.9 effective or merely scheduled to go into effect, and shall secure and pay for the building permit and other permits and governmental fees, licenses and inspections necessary for proper execution and completion of the Work. The Contractor shall comply with and give notices required by laws, ordinances, ryles, regulations, and lawful orders of public authorities bearing on performance of the Work. The Contractor shall promptly notify the Owner if the Drawings and Specifications are observed by the Contractor to be at variance therewith. The Contractor shall be responsible to the Owner for the acts and omissions of the Contractor's employees, Subcontractors and their agents and employees, and other persons performing portions of the Work under a contract with the Contractor. The Contractor shall review, approve and submit to the Owner Shop Drawings, Product Data, Samples and similar submittals required by the Contract Documents with reasonable promptness. The Work shall be in accordance with approved submittals. When professional certification of performance criteria of materials, systems or equipment is required by the Contract Documents, the Owner and Contractor shall be entitled to rely upon the accuracy and completeness of such certifications. The Contractor shall keep the premises and surrounding area free from accumulation of waste materials or rubbish caused by operations under the Contract. At completion of the Work the Contractor shall remove from and about the Project waste materials, rubbish, the Contractor's tools, construction equipment, machinery and surplus materials. 9.10 The Contractor shall provide the Owner access to the Work in preparation and progress wherever located. And the Owner assumes any and all risk attendant thereto. 9.11 The Contractor shall pay all royalties and license fees; shall defend suits or claims for infringement of patent rights and shall hold the Owner harmless from loss on account thereof, but shall not be responsible for such defense or loss when a particular design, process or product of a particular manufacturer or manufacturers is required by the Contract Documents unless the Contractor has reason to believe that there is an infringement of patent. 9.12 To the fullest extent permitted by law, the Contractor shall indemnify and hold harmless the Owner, from and against claims, damages, losses and expenses, including but not limited to attorney's fees, arising out of or resulting from performance of the Work, provided that such claim, damage, loss or expense is attributable to bodily injury, sickness, disease or death, or to injury to or destruction of tangible property (other than the Work itself) including loss of use resulting therefrom, but only to the extent caused in whole or in part by negligent acts or omissions of the Contractor, a Subcontractor, anyone directly or indirectly employed by them or anyone for whose acts they may be liable, regardless of whether or not such claim, 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 indemnity which would otherwise exist as to a party or person described in this Paragraph 9.12. 9.12.1 In claims against any person or entity indemnified under this Paragraph 9.12 by an employee of the Contractor, a Subcontractor, anyone directly or indirectly employed by them or anyone for whose acts they may be liable, the indemnification obligation under the Paragraph 9.12 shall not be limited by a limitation on amount or type of damages, compensation or benefits payable by or for the Contractor or a Subcontractor under workers' or workmen's compensation acts, disability benefit acts or other employee benefit acts. 9.12.2The obligations of the Contractor under this Paragraph 9.12 shall not extend to the liability of the Owner, the Owner's consultants, and agents and employees of any of them arising out of (1) the preparation or approval of maps, drawings, opinions, reports, surveys, Change Orders, Construction Change Directives, designs or specification, or (2) the giving of or the failure to give directions or instructions by the Owner, the Owner's consultants, and agents and employees of any of them provided such giving or failure to give is the primary cause of the injury or damage. ARTICLE 10 ADMINISTRATION OF THE CONTRACT 10.1 The Owner will provide administration of the Contract. 10.2 All claims or disputes between the Contractor and the Owner arising out or relating to the Contract, or the breach thereof, shall be decided by arbitration before a single arbitrator in accordance with the Construction Industry Arbitration Rules of the American Arbitration Association currently in effect unless the parties mutually agree otherwise. Notice of the demand for arbitration shall be filed in writing with the other party to this Agreement and with the American Arbitration Association and shall be made within a reasonable time after the dispute has arisen. The award rendered by the arbitrator or arbitrators shall be final, and judgment may be entered upon it in accordance with applicable law in any court having jurisdiction thereof. Except by written consent of the person or entity sought to be joined, no arbitration arising out of or relating to the Contract Documents shall include, by consolidation, joinder or in any other manner, any person or entity not a party to the Agreement under which such arbitration arises, unless it is shown at the time the demand for arbitration is filed that (1) such person or entity is substantially involved in a common question of fact or law, (2) the presence of such person or entity is required if complete relief is to be accorded in the arbitration, and (3) the interest or responsibility of such person or entity in the matter is not insubstantial. The agreement herein among the parties to the Agreement and any other written agreement to arbitrate referred to herein shall be specifically enforceable under applicable law in any court having jurisdiction thereof. ARTICLE 11 SUBCONTRACTS 11.1 A Subcontractor is a person or entity who has a direct contract with the Contractor to perform a portion of the Work at the site. 11.2 Unless otherwise stated in the Contract Documents or the Bidding requirements, the Contractor, as soon as practicable after award of the Contract, shall furnish in writing to the Owner the names of the Subcontractors for each of the principal portions of the Work. The Contractor shall not contract with any Subcontractor to whom the Owner has made reasonable and timely objection. The Contractor shall not be required to contract with anyone to whom the Contractor has made reasonable objection. Contracts between the Contractor and Subcontractors shall (1) require each Subcontractor, to the extent of the Work to be performed by the Subcontractor, to be bound to the Contractor by the terms of the Contract Documents, and to assume toward the Contractor all the obligations and responsibilities which the Contractor, by the Contract Documents, assumes toward the Owner, and (2) allow to the Subcontractor the benefit of all rights, remedies and redress afforded to the Contractor by these Contract Documents. ARTICLE 12 CONSTRUCTION BY OWNER OR BY SEPARATE CONTRACTORS 12.1 The Owner reserves the right to perform construction or operations related to the Project with the Owner's own forces, and to award separate contracts in connection with other portions of the Project or other construction or operations on the site under conditions of the contract identical or substantially similar to these, including those portions related to insurance and waiver of subrogation. If the Contractor claims that delay or additional cost is involved because of such action by the Owner, the Contractor shall make such claim as provided elsewhere in the Contract Documents. 12.2 The Contractor shall afford the Owner and separate contractors reasonable opportunity for the introduction and storage of their materials and equipment and performance of their activities, and shall connect and coordinate the Contractor's construction and operations with theirs as required by the Contract Documents. 12.3 Costs caused by delays, improperly, timed activities or defective construction shall be borne by the party responsible therefor. ARTICLE 13 CHANGES IN THE WORK 13.1 The Owner, without invalidating the Contract, may order changes in the Work consisting of additions, deletions or modifications, the Contract Sum and Contract Time being adjusted accordingly. Such changes in the Work shall be authorized by written Change Order signed by the Owner and the Contractor. 13.2 The Contract Sum and Contract Time shall be changed only by Change Order. 13.3 The cost or credit to the Owner from a change in the Work shall be determined by mutual agreement. ARTICLE 14 TIME 14.1 Time limits stated in the Contract Documents are of the essence of the Contract. By executing The Agreement the Contractor confirms that the Contract Time is a reasonable period for performing the Work. 14.2 The date of Substantial Completion is the date determined by the Contractor in good faith. 14.3 If the Contractor is delayed at any time in progress of the Work by changes ordered in the Work, by labor disputes, fire, unusual delay in deliveries, abnormal adverse weather conditions not reasonably anticipatable, unavoidable casualties or any causes beyond the Contractor's control, then the Contract Time shall be extended by Change Order for such reasonable time as the Contractor may determine. ARTICLE 15 PAYMENTS AND COMPLETION 15.1 Payments shall be made as provided in Articles 4 and 5 of this Agreement. 15.2 Payments may be withheld on account of (1) defective Work not remedied, (2) claims filed by third parties, (3) failure of the Contractor to make payments properly to Subcontractors or for labor, materials or equipment, (4) reasonable evidence that the Work cannot be completed for the unpaid balance of the Contract Sum, (5) damage to the Owner or another contractor, (6) 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 (7) persistent failure to carry out the Work in accordance with the Contract Documents. 15.3 Final payment shall not become due until the Contractor has delivered to the Owner a complete release of all liens arising out of this Contract or receipts in full covering all labor, materials and equipment for which a lien could be filed, or a bond satisfactory to the Owner to indemnify the Owner against such lien. If such lien remains unsatisfied after payments are made the Contractor shall refund to the Owner all money that the Owner may be compelled to pay in discharging such lien, including all costs and reasonable attorney's fees. 15.4 The making of final payment shall constitute a waiver of claims by the Owner except those arising from: .1 liens, claims, security interests or encumbrances arising out of the Contract and unsettled; .2 failure of the Work to comply with the requirements of the Contract Documents; or .3 terms of special warranties required by the Contract Documents. Acceptance of final payment by the Contractor, a Subcontractor or material supplier shall constitute a waiver of claims by that payee except those previously made in writing and identified by that payee as unsettled at the time of final Application for Payment. ARTICLE 16 PROTECTION OF PERSONS AND PROPERTY 16.1 The Contractor shall be responsible for initiating, maintaining, and supervising all safety precautions and programs in connection with the performance of the Contract. The Contractor shall take reasonable precautions for safety of, and shall provide reasonable protection to prevent damage, injury or loss to: .1 employees on the Work and other persons who may be affected thereby; .2 the Work and materials and equipment to be incorporated therein; and .3 other property at the site or adjacent thereto. The Contractor shall give notices and comply with applicable laws ordinances, rules, regulations and lawful orders of public authorities bearing on safety of persons and property and their protection from damage, injury or loss. The Contractor shall promptly remedy damage and loss to property at the site caused in whole or in part by the Contractor, a Subcontractor, a Sub - subcontractor, or anyone directly or indirectly employed by any of them, or by anyone for whose acts they may be liable and for which the Contractor is responsible under Sub paragraphs 16.1.2 and 16.1.3, except for damage or loss attributable to acts or omissions of the Owner or by anyone for whose acts the Owner may be liable, and not attributable to the fault or negligence of the Contractor. The foregoing obligations of the Contractor are in addition to the Contractor's obligations under Paragraph 9.12 16.2 The Contractor shall not be required to perform without consent any Work relating to asbestos or polychlorinated biphenyl (PCB). ARTICLE 17 INSURANCE 17.1 The Contractor shall purchase from and maintain in a company or companies lawfully authorized to do business in the jurisdiction in which the Project is located insurance for protection from claims under workers' or workmen's' compensation acts and other employee benefit acts which are applicable, claims for damages because of bodily injury, including death, and from claims for damages, other than to the Work itself, to property which may arise out of or result from the contractor's operations under the Contract, whether such operations be by the Contractor or by a Subcontractor or anyone directly or indirectly employed by any of them. This insurance shall be written for not less than limits of liability specified in the Contract Documents or required by law, whichever coverage is greater, and shall include contractual liability insurance applicable to the Contractor's obligations under Paragraph 9.12. Certificates of such insurance shall be filed with the Owner prior to the commencement of the Work. 17.2 The Owner shall be responsible for purchasing and maintaining the Owner's usual liability insurance. Optionally, the Owner may purchase and maintain other insurance for self-protection against claims which may arise from operations under the Contract. The Contractor shall not be responsible for purchasing and maintaining this optional Owner's liability insurance unless specifically required by the Contract Documents. 17.3 Unless otherwise provided, the Owner shall purchase and maintain, in a company or companies lawfully authorized to do business in the jurisdiction in which the Project is located, property insurance upon the entire Work at the site to the full insurable value thereof. This insurance shall be on an all-risk policy form and shall include interests of the Owner, the Contractor, Subcontractors and Sub - subcontractors in the Work and shall insure against the perils of fire and extended coverage and physical loss or damage including, without duplication of coverage, theft, vandalism and malicious mischief. 17.4 A loss insured under Owner's property insurance shall be adjusted with the Owner and made payable to the Owner as fiduciary for the insureds, as their interests may appear, subject to the requirements of any applicable mortgagee clause. 17.5 The Owner shall file a copy of each policy with the Contractor before an exposure to loss may occur. Each policy shall contain a provision that the policy will not be canceled or allowed to expire until at least 30 days' prior written notice has been given to the Contractor. 17.6 The Owner and Contractor waive all rights against each other and the Owner's consultants, separate contractors described in Article 12, if any, and any of their subcontractors, sub -subcontractors, agents, and employees, for damages caused by fire or other perils to the extent covered by property insurance obtained pursuant to this Article 17 or any other property insurance applicable to the Work, except such rights as they may have to the proceeds of such insurance held by the Owner as fiduciary. The Contractor shall require similar waivers in favor of the Owner and the Contractor by Subcontractors and Sub - subcontractors. The Owner shall require similar waivers in favor of the Owner and Contractor by the Owner's consultants, separate contractors described in Article 12, if any, and the subcontractors, sub -subcontractors, agents and employees of any of them. ARTICLE 18 CORRECTION OF WORK 18.1 The Contractor shall promptly correct Work failing to conform to the requirements of the Contract Documents, whether observed before or after Substantial Completion and whether or not fabricated, installed or completed, and shall correct any Work found to be not in accordance with the requirements of the Contract Documents within a period of one year from the date of Substantial Completion of the Contract or by terms of a applicable special warranty required by the Contract Documents. The provisions of this Article 18 apply to Work done by Subcontractors as well as to Work done by direct employees of the Contractor. 18.2 Nothing contained in this Article 18 shall be construed to establish a period of limitation with respect to other obligations which the Contractor might have under the Contract Documents. Establishment of the time period of one year as described in Paragraph 18.1 relates only to the specific obligation of the contractor to correct the Work, and has no relationship to the time within which the obligation to comply with the Contract Documents may be sought to be enforced, nor to the time within which proceedings may be commenced to establish the Contractor's liability with respect to the Contractor's obligations other than specifically to correct the Work. ARTICLE 19 MISCELLANEOUS PROVISIONS 19.1 The Contract shall be governed by the law of the place where the Project is located. 19.2 As between the Owner and the Contractor, any applicable statute of limitation shall commence to run and any alleged cause of action shall be deemed to have accrued: .1 not later than the date of Substantial Completion for acts or failures to act occurring prior to the relevant date of Substantial Completion; .2 not later than the date of issuance of the final Application for Payment for acts or failures to act occurring subsequent to the relevant date of Substantial Completion and prior to issuance of the Application for Payment; and .3 not later than the date of the relevant act or failure to act by the Contractor for acts or failures to act occurring after the date of the final Application for Payment. ARTICLE 20 TERMINATION OF THE CONTRACT 20.1 If the Owner fails to make payment as per Application for Payment for a period of three days, the Contractor may, upon seven additional days' written notice to the Owner, terminate the Contract and recover from the Owner payment for Work executed and for proven loss with respect to materials, equipment, tools, and construction equipment and machinery, including reasonable overhead, profit and damages applicable to the Project. 20.2 If the Contractor defaults or persistently fails or neglects to carry out the Work in accordance with the Contract Documents or fails to perform a provision of the Contract, the Owner, after seven day's written notice to the Contractor and without prejudice to any other remedy the Owner may have, may make good such deficiencies and may deduct the cost thereof from the payment then or thereafter due the Contractor. Alternatively, at the Owner's option, and upon certification by a mutually agreed upon third party that sufficient cause exists to justify such action, the Owner may terminate the contract and take possession of the site and of all materials, equipment, tools, and construction equipment and machinery thereon owned by the Contractor and may finish the Work by whatever method the Owner may deem expedient. If the unpaid balance of the Contract Sum exceeds costs of finishing the Work, such excess shell be paid to the Contractor, but if such costs exceed such unpaid balance, the Contractor shall pay the difference to the Owner. ARTICLE 21 OTHER CONDITIONS OR PROVISIONS This Agreement entered into as of the day and year first written above. OWNER JAMES AND ALYCE GALIANO (Signature) James and Alyce Galiano, Owner (Printed Name and Tidal CO TRACTOR: HENRY C. BECKER CUSTOM BUILDING LTD. Z ( ignatu ) Henry C. Becker, Contractor (Printed Name and Title) 10 Ti 0 O z cn m m D C) z T z D r v. CA C � CD � O C2zCO2 C CL N at -0 7 O 03 0 v CD CDCL cr O CD Sr O CSD O CD y CD CL.O CO) CD O I �CD � v H O 'v z CD C� C O � • CD O C CD O in I o C O to O Q a0m to .0 CO) S �C ; m n CM yC7 O.0 ®�-O � S Z r � r 1 / ;o ar-c Zi 7 R 0tri C Inod m y 0 y m O O �Cl) p CDo�c CD A CD r- 0 CD 0 CL CL. � ` -► .« ;1 �c 70 o � 0 om�ii c nSt O co y �1 y �1 CA O. y : C O y ClE co V! y a 0 C O C43 9 go m� w g o ' =O ® VA y3� o am:•,o, may. o s� CD m o� c'o n� C O CD in I o % o M ',rl �:7 H 71 w c g, oeb da �' 71 %% r- r � -n = 1 / ;o ar-c Zi 7 R 0tri C in (ntz al OCL. ;J z ID w )=3 0 0 c . Date a5 .'.. . v-). r ... . Of `~O DTM 'q or y' TOWN OF NORTH ANDOVER .o PERMIT FOR GAS INSTALLATION 9 ' h �9SSACNUSES This certifies that ... YP%?.. 7) ...P l has permission for gas installation .......E .................. in the buildings of h .:....................... . at ..... l.... (: !:t^.. -./ ....0 . .... , North Andover, Mass. Fee... �'. 'lic. No.. ... ... GAS INSPECTOR Check # a i o c'7 5C9 9 N 30 MASSACHUSETTS UNIFORM APPLICATION FOR PERMIT TO DO GASF177ING �-- [Frim of Type) . _ Ftass. Date b O Permit Building Location S C,12770 ✓ Owner's Name L; % L.UI�!✓/1 Installing Type of Occupancy New ❑ Renovation ❑ Replacement p/� Plans Submitted: Yes❑ No - - - - Business Telebhr •TMW AM=� Name of Licensed Plumber or Gas Fitter Check one: Certificate ❑ Corporation ❑._Partnership___, r.......__ _ .,,.y_ _� INSURANCE COVERAGE: Ihave a curren liability insurance policy or its substantial equivalent which meets the requirements of MGL Ch. 142. Yes No ❑ Iyou have 6hecked rimes, please Indicate the type coverage by checking the appropriate box. A liability insurance policy Other type of indemnity ❑ Bond ❑ OWNER'S INSURANCE WAIVER: I am aware that the licensee does not have the Insurance coverage required by Chapter 142 of the Mass. General taws, and that my signature on this permit application waives this requirement. Check one: Signature ottavner or Owner's Agent Dwner❑ Agent C) hereby certify that all of the details and information I have submitted for entered) in above application are true and accurate to the best of my fsnowledge and that all plumbing work and installations performed under the permit issued for this appli with all pertinent provisions of the Massachusetts State Gas Code and Chapter 142 of the Generals_ T of License: Plumber Sig o Licensed Plumber or Gas titter ZEly asfitter ster License Number Journeyman t0 IC S . NL N N W N N N IC U Z CC ¢ N z N S N ¢ O D N S. �- W N. W a o Ic W ¢CC N a e5 a 61 W = U W Z Ir N' WQ r Q O 6> H W S W1 V W 0 F Z 1 F Z p,. W JE W C7 O > LL F U J W Z W W m 2 'O Z W n C OA S a W W z z a z a a O O W O IY F D:2 O tl S LL SUB—BSRST, BASEMENT IST FLOOR 2ND FLOOR 3RD FLOOR 4TH FLOOR I STH FLOOR 6TH FLOOR 7TH FLOOR STH FLOOR - - - - Business Telebhr •TMW AM=� Name of Licensed Plumber or Gas Fitter Check one: Certificate ❑ Corporation ❑._Partnership___, r.......__ _ .,,.y_ _� INSURANCE COVERAGE: Ihave a curren liability insurance policy or its substantial equivalent which meets the requirements of MGL Ch. 142. Yes No ❑ Iyou have 6hecked rimes, please Indicate the type coverage by checking the appropriate box. A liability insurance policy Other type of indemnity ❑ Bond ❑ OWNER'S INSURANCE WAIVER: I am aware that the licensee does not have the Insurance coverage required by Chapter 142 of the Mass. General taws, and that my signature on this permit application waives this requirement. Check one: Signature ottavner or Owner's Agent Dwner❑ Agent C) hereby certify that all of the details and information I have submitted for entered) in above application are true and accurate to the best of my fsnowledge and that all plumbing work and installations performed under the permit issued for this appli with all pertinent provisions of the Massachusetts State Gas Code and Chapter 142 of the Generals_ T of License: Plumber Sig o Licensed Plumber or Gas titter ZEly asfitter ster License Number Journeyman t0 IC S . NL i m -i n • S N m i r s • P � c O D m D � O r o a e o � c O N .' m p O � 2 D r s N -I •S D