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Home My WebLink AboutMiscellaneous - 11 DANA STREET 4/14/2015 (2) WILLIAM 1\�I[CKAVY CONSTRUCTION ILILC< 18 Academy Ave Haverhill, MA 01835 978-361-6402 CONSTRUCTION CONTRACT This G: nstruction Contract (hereinafter the "Contract")is hereby made on l _/ by and between Janet Eichler of 11 Tyler Rd., North Andovr, MA 01845 (hereinafter "Client") and W McKay Construction LLC of 18 Ac ademy Avenue, Haverhill, MA 01835 (hereinafter "Contractor) collectively rl,4erred to herein as the "Parties". ARTICLE x A. Contra ,tor shall provide the following Construction Services (the "Proje( t'), as agreed to in a signed Proposal related to said scope. B. Client i:ngages Contractor and Contractor agrees to provide to Client all necessary service , materials, and labor necessary for the comp[:lion of the Project including, but not limited to , all building and construction materials outlined in the signed scope. Material estimate and all necessary tools and machinery needed for Project completion. All construction materials should be new and of the highest quality, unlesEi previously specified by the Client. ( r C. Contra:ctor shall provide the construction services for the Project at the pr iperty located at 11 Tyler Rd., North Andover, MA 01845. D. The (; ontract shall be comprised of the following: this Construction Contr;: ct, Plans, Specifications, Addenda, Drawings, Photos, Propa gal, Material estimate if applicable all signed and witnessed, all of whict, are attached hereto and are a part of this Contract as exhibits TICLE II A. Con-!--actor will begin work on to be completed Meted by 7// B. In thi; event that Client and Contractor agree on changes to the Proj::ct after this Contract is executed, the Parties will agree to new time deadlines that are reasonable in light of the modifications and -:hat schedule change will be signed and witnessed and becc me a part of this Contract. 'I'ICLE III A. In con., deration of the performance of this Contract, Client agrees to pay Cc itractor the sum of $121,150.00 (the "Contract Price") on the followir g payment schedule for the services. B. Contractor shall receive a 25% deposit before the start of the Project and thi; n Progress payments shall be made thereafter as reflected progre;;sion of the Contractor's services continue through to compl(:tion. C. After ri: ceiving notification by Contractor of each stage of completion, Client z)r its designee will inspect and approve the work or request any nE I-essary adjustments to same. Client agrees to make payments to Cor tractor after approving work. Payment shall only be adjusted upon t I ie mutual consent of both Parties if due to unseen events or the pa ameters of the work are expended materially beyond the terms of the l,ontract. This Contract and associated fees will be modified accord ingly in the form of Extra Work Orders which once signed and witnes Ded to shall become a part of this Contract. ARTICLE IV A. All charges or modifications to the work ordered by Client must be made in writing, with appropriate adjustments made to total payment and pal;,meat schedule. The approval of both Parties shall be required in the fc`rm of an Extra Work Order for substantial Project changes as these ci ianges will effect date of completion, Project price, and notifica': ons of these changes must be made in a timely manner. B. If these changes should require additional expense to Contractor, Contra(:for must make a claim for increase in payment, in writing to Client if, a timely manner. Client must approve this claim for increase in writir;g prior to any changes to the work, Project or schedule. All such d(:cuments relating to changes to this Project must be signed and witnessed to and will become a part of this Contract. ARTICLE V A. If Contr actor is delayed from completing required work due too unavoii: able casualties, Client shall grant Contractor an extension for the cor-ipletion of work equal to the delay. Unavoidable casualties include but are not limited to, fire, flood or natural disasters, delayed acquisition of materials or material delivery, and negligence or non- payme,it on the part of the Client. B. In the (,:vent of unavoidable casualties, Contractor shall properly docum1.mt both the event and the impact of the event on Project completion. Documentation shall be presented to Client in a timely manner. ARTICLE VI A. If Conti actor fails to correct defective work or persistently fails to supply materials or equipment in accordance with the Contract docurr ,nts, Client may order Contractor to stop the work or any portior thereof, until the cause for such order has been eliminated. I'ICLE VII A. Free ac ,ess to the work and the Project site shall be granted by Contract for to Client, the designated agents of the Client, and all necess:pry public authorities. B. Contras:for agrees to keep the premises clean and orderly. Contractor shall reinove all debris as needed during the hours of work in order to maintain work conditions free of health or safety hazards. ARTICLE VII A. Con ractor shall conduct its activities in a professional manner and adhi: re to reasonable wishes of Client in relation to its working schE,dule. Additionally, Contractor's work shall adhere to and be in compliance with both the Standard Practices of the Trades and any relevant Manufacturers Specifications. B. Con ractor shall protect all work adjacent to the Project site from any ,Jamage resulting from the work of Contractor and shall repair or rc place any damaged work at its own expenses. Contractor shall take all precautions to protect persons from injury and unn: cessary interference or inconvenience. TICLE I% A. Client ;: grees to hold harmless, indemnify and defend Contractor and each iridividual or entity that is an agent, affiliate, partner, officer, or stockh:►Ider of same against any and all claims, losses, liabilities, damac;, s, and expenses, including legal fees, fines, judgments, settlement amounts all made in connection with , or arising from errors i 1 any representation or warranty made by Client under this Contra, A, any breach of the Contract by Client, or any omission or negligc:nt act or error by Client in connection with this Contract, provide: d by such negligent act, omission, or error was not done at the directi(: n of Contractor. B. Contra .tor agrees to hold harmless, indemnify and defend Client and each it dividual or entity that is an agent, affiliate, partner, officer, or stockh-)lder of same against any and all claims, losses, liabilities, damag es, and expenses, including legal fees, fines, judgments, settlem(:,nt amounts all made in connection with , or arising from errors it any representation or warranty made by Contractor under this Cor tract, any breach of the Contract by Contractor, or any omissicl i or negligent act or error by Contractor in connection with this Cor tract, provided by such negligent act, omission, or error was not dons; at the direction of Client. ARTICLE X A. Con°:-actor may be responsible for insurance to protect against any propi,rty damage, bodily injury, death, or other claims for damages that i nay result from the commission of the work, including general liabi' ty insurance and workers compensation insurance for its employees and/or subcontractors. ARTICLE XI A. Contras:for will be responsible for obtaining all the necessary permits and Iic(:nses to fulfill the services specified in this Contract. ARTICLE XII A. Contractor is responsible for maintaining proper work, safety and environmental protection standards. Contractor agrees to hold Client harmle..s for all fines from federal, state or local agencies and regulators. Contractor will work in compliance with all standards require,i by EPA, OSHA and other applicable federal agencies. Contractor will be responsible for paying all fines and judgments levied ,y these agencies resultant from the performance of this Contrai;t. ARTICLE XIII A. The re ationship created between the Parties shall be limited to that of inde )endent contractors. Neither party shall undertake any actions that wc:uld imply or seek to establish, any partnership , ownership, emplo,,ment, joint venture, or trust relationship between the Parties, except by amendment to this Contract. ARTICLE XIV A. Any dispute or claim related to or arising from this Contract, its performance, breach, interpretation, validity, or enforceability, shall be exclusil,ely(except as provided below) resolved by final binding arbitrat' )n before AAA American Arbitration Association utilizing AAA Commc rcial Arbitration Rules. B. The arbitrator shall be selected using AAA procedures. The arbitrator shall render a written decision within thirty calendar days of the hearinc The arbitrator may award attorneys' fees or punitive, incidental, consequential, treble, or other multiple or exemplary damag:: s. C. Award:, shall be final, binding, and non-appealable, with the excepti�on of the grounds for appeal guaranteed by the Federal Arbitrai on Act and applicable laws. All awards may be filed with one or mort, courts, state, federal or foreign having jurisdiction over the party a;lainst whom such award is rendered or its property, as a basis of judg-nent and the issuance of execution of its collection. ARTICLE XV A. Both P irties are expressly prohibited from assigning this Contract or any rights or interest flowing therefrom. Assignment will only occur with th.,, express written consent of both Parties. B. This C )ntract contains the entire agreement and understanding betwee n the Parties and supersedes any prior or contemporaneous written or oral Contracts, representations, and warranties between them rs�specting the subject matter of this Contract. C. This G:►ntract will be interpreted and enforced under the laws of the State c F MA, without regard to conflict of laws. IN WITNESS WHEREOF, the Parties hereto execute this Contract: CLIENT )"w Y Authori.: Signature Name ,,nd Title CONTV:ACTOR Authori ted Signature Name ind Title License # 179265