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Building Permit # 7/28/2015
................................... .................— qti BUILDING-PERMIT 0* OOEDRTH .1 � , ,, 0 TOWN OF NORTH ANDOVER APPLICATION FOR PLAN EXAMINATION (o Permit NO: Date Received Argo A US Date lssued:--d�u IMPORTANT:Applicant must complete all items on this page M.5 MITI R- IN �w 41. -42.; § N 7- 7 ,gg- .......- gii ver OT11 MR-F .......... M11"; tz L -11 P-0 E• TYPE OF IMPROVEMENT PROPOSED USE Residential Non- Residential New Building �hfa�nYily Addition Two or more.family Industrial Alteration No. of units: Commercial Repair, replacement Assessory Bldg Others: Demolition Other W54 9Mam- R- , DESCRIPTION OF WORK TO BE PREFORMED: Identification Please Type or Print Clearly) OWNER: Name: Ic 1?PVJ(ft Phone: Address:ZSOO4' - AJ- N,-�-u�, A iv,Q 0,r;?11 1 4 I I'M, MORV% EVEyid W, M-- Mill LE gg -,g -99 KM2; ARCHITECT/ENGINEER A/,OrMg*Kd `�A.Phone: Address: Reg. No. FEE SCHEDULE.BULDING PERMIT:$12.00 PER$1000.00 OF THE TOTA IMTOL TED COST,MSED ON$125.00 PER S.F. Total Project Cost: $ 7 FEE: $ -14o n Check No.: Receipt No.: C NOTE: Persons contracting with unregistered contractors do not have acces e guaranty_ nd Slgnatltlrevf n!lj�r 7S.Rid pq atar - — 9W Plans Submitted Plans Waived Certified Plot Plan Stamped Plans TYPE OF SEWERAGE DISPOSAL Public Sewer Tanning/Massage/Body Art Swimming Pools Well Tobacco Sales Food Packaging/Sales Private(septic tank,etch Permanent Dumpster on Site THE FOLLOWING SECTIONS FOR OFFICE USE ONLY INTERDEPARTMENTAL SIGN OFF ® U FORM ' DATE REJECTED DAT OVED E APPR� PLANNING & DEVELOPMENT 4 COMMENTS CONSERVATION Reviewed on ) / Si hatur. ', I I..IJIVIIVICIV I�7 A. ��p - "�... �. t � D 10- `w„5. .j`1 ,,NA r'' HEALTH Reviewed on Si nature ' 4. < ( li .. COMMENTS""- In Zoning Board of Appeals: Variance, Petition No: Zoning Decision/receipt submitted yes F Plannirig Board Decision: Comments Conservation Decision: Comments WateP `ewer Connection/Signature & Date Driveway Permit DP'W%'own Engineer: Signature: Located 384 Osgood Street 1 F?P ,E�P'34TVIEINTerx��,Diptera cyte des"� r 'ry '1 ono !z{ Locatedt 12Vlain Strut `3 x y f ] S I� Z 6 t �F71xeefainlela S1aTldfe�Cla+ e� rZ a r 1 �� 4 11 r S (.rte.' � qA®RTS{ 1-%Idover Town of 2 <t E •'4 ® No. h ver, Mass, �1 COC HIC"RWIcK y1' AO'%A E 0 )"'7 �y S V BOARD OF HEALTH Food/Kitchen PERMIT T U Septic System THIS CERTIFIES THAT c�,�. ........... BUILDING INSPECTOR ... ✓ .... `i.�1....... .r-.i.r. .......................................... Foundation has permission to erect.......................... buildings on .. ....... .......Asr.................... "� �,f,��( "- Rough to be occupied as .....,WJ- �>.JIVA.....S���AJ.Lt._. .... .��.�?.. .......................................... Chimney provided that the person acce�ting this permit shall in every respect conform to the terms of the application Final on file in this office, and to the provisions of the Codes and By-Laws relating to the Inspection,Alteration and Construction of Buildings in the Town of North Andover. PLUMBING INSPECTOR VIOLATION of the Zoning or Building Regulations Voids this Permit. Rough Final PERMIT EXPIRES 16 MONTHS ELECTRICAL INSPECTOR UNLESS CONSTRUCTION A Rough Service ................................................................................ Final BUILDING INSPECTOR GAS INSPECTOR Occupancy Permit Required to Occupy Building Rough Islay in a Conspicuous Place on the Premises — Do Not Remove Final No Lathing or Dry Wall To Be Done FIRE DEPARTMENT Until Inspected and Approved by the Building Inspector. Burner Street No. Smoke Det. S H SHORE GUNITE POOLS & S141,INC. Homeowner Information Name Sheri Paulo Marnoto cello Contractor Information Street Address Office Box)(Not Post Ox) Company Name 287 Forest Street South Shore Gunite Pools&Spas,Inc. City/Town State Zip Code Contractor/Owner Name North Andover MA 01845 Robert A.Guarino Mailing Address(if Different from above) Business Street Address 12 Esquire Road Daytime Phone Evening Phone (978)258-8175 City/Town State Zip Code Billerica MA----) 01824 Cell Phone Fax Number Business Phone Federal Employer ID 800-649-8080 04-3146507 E-mail Address sherimarnoto@comcast.net Contractor is also referred to as "Seller" herein for some purposes Salesperson(s):Scott Pancake Contractor Registration#:105485 Exp.Date: 7-17-2016 WORK TO BE PERFORMED AND MATERIALS TO BE USED Contractor Agrees To Do the Following Work for Homeowner: Contractor will build an inground swimming Dool to be located at 287 Forest St, North Andover, MA in accordance with the drawings and specifications which are or shall be attached hereto as Exhibit A, and in accordance with the provisions of Exhibit B Sae attached Drawing dated 6-3-2015 fnr vi�ital rafPrPr►�c Materials Expected To Be Used: The Contractor expects to use the materials which are or shall be specified in Exhibit A and those which maybe needed under the provisions of Exhibit B The following schedule will be adhered to unless circumstances beyond the contractor's control arise: Work Scheduled to Begin: June 2015 Expected Date Of Completion: Scheduled by owner (Date Contractor will begin contracted work) (Date when contracted work will be substantially complctcd) SSG Representative Homeowner Pagel of 13 TO CONTRACT PRICE AND PAYMENT SCHE The Contractor agrees to perform the work,furnish the material and labor specified above for the SUM of.$ 78,300.00 (*Include all finance charges in this amount*) Payments will be made according to the following SCHEDULE: DEPOSIT UPON SIGNING CONTRACT(*Not to exceed 1/3 of the total contract price OR the cost of special order items,whichever is greater*).....................................................................................................$_ 2,000.00 CONTRACT BALANCE AFTER DEPOSIT...................................................................................................$-76,300.00 40%OF CONTRACT BALANCE DUE DAY OF EXCAVATION.............................................................. $ _ 30,520.00 40%OF CONTRACT BALANCE DUE DAY OF GUNITE..........................................................................$ 30,520.00 15%OF CONTRACT BALANCE DUE DAY OF TILE ..............................................................................$ 11,445.00 5%OF CONTRACT BALANCE DUE DAY OF FILTER&PUMP START UP..........................................$ 3,815.00 In order to meet the completion schedule,the following material/equipment must be special ordered before the contracted work begins $0.00 to be paid for - DO NOT SIGN THIS CONTRACT IF TBERE ARE ANY BLANK SPACES �^ Identical copies of the contract should go to the homeowner and the contractor. Homeowner's Signature Contractor's Signature Date Date 6-4-2015 You may cancel this agreement if it has been signed by a party thereto at a place other than an address of the seller, (the contractor) which may be his main office or branch thereof,provided you notify the seller in writing at his main office or branch by ordinary mail posted,by telegram sent or by delivery,not later than midnight of the third business day following the signing of the agreement. See attached notice of cancellation for an explanation of this right. �hn SSG Representative omeowner Page 2 of 13 REQUIRED PERMITS The following building permits are required. It is the obligation of the contractor to secure such permits as the homeonwer's agent: PLEASE REFER TO EXIHBIT B AGREED CONDITIONS PARAGRAPH 3 NOTE: Owners who secure their own permits or deal with unregistered contractors are excluded from the Guaranty Fun provisions of MGL c.142A. Is an EXPRESS WARRANTY being provided by the contractor? NO F-1 YES "All terms of the warranty must be attached to the contract" NOTE: All home improvement contractors and subcontractors shall be registered and any inquiries about a contractor o subcontractor relating to a registration should be directed to: Director,Rome Improvement Contractor Registration One Ashburton Place,Room 1301 Boston,MA 02108 617-727-8598 ARBITRATION The co ctor and the homeowner hereby mutually agree in advance that in the event the contractor has a dispute crni g this contract, ontractor may submit such dispute to a private arbitration service which has been approv a Secretary of the Executive O Consumer Affairs and Business Regulations and the consumer shall b red to submit to such arbitration as provided in c.142A. Contractor: owner: Date: (This clause is optional,cr if not applicable) Contractor's Financial Insecurity—In instances where a contractor deems him/herself to be financially insecure,that is the contractor believes the payment of funds due him may be in jeopardy,the contractor may require that the balance of funds not yet due be placed in a joint escrow account as a prerequisite to continuing the contracted work. Withdrawal from said account would require the signatures of both parties. THE CONTRACT MUST ALSO CONTAIN: 1) A Complete Description of any other documents which are part of the agreement; 2) A List and Description of other matters upon which the contractor and homeowner lawfully agree; 3) Any Other Provisions otherwise required by applicable laws of the Commonwealth. The Contract must be the Complete Agreement between the contractor and the homeowner. Exhibit A attached hereto contains the specifications of construction which form part of this contract. Exhibit B attached hereto contains the guarantees and conditions which form part of this contract. SSG Representative PHFomeowner Page 3 of 13 S TH SHORE GUNITE POOLS & S , INC. NOTICE OF CANCELLATION YOU MAY CANCEL THIS TRANSACTION, WITHOUT PENALTY OR OBLIGATION,WITHIN THREE BUSINESS DAYS FROM THE ABOVE DATE. IF YOU CANCEL, ANY PROPERTY TRADED IN, ANY PAYMENTS MADE BY YOU UNDER THE CONTRACT OR SALE, AND ANY NEGOTIABLE INSTRUMENTS EXECUTED BY YOU WILL BE RETURNED WITHIN TEN BUSINESS DAYS FOLLOWING RECEIPT BY THE SELLER OF YOUR CANCELLATION NOTICE, AND ANY SECURITY INTEREST ARISING OUT OF THE TRANSACTION WILL BE CANCELLED. IF YOU CANCEL, YOU MUST MAKE AVAILABLE TO THE SELLER AT YOUR RESIDENCE, IN SUBSTANTIALLY AS GOOD CONDITION AS WHEN RECEIVED, ANY GOODS DELIVERED TO YOU UNDER THIS CONTRACT OR SALE; OR YOU MAY, IF YOU WISH, COMPLY WITH THE INSTRUCTIONS OF THE SELLER REGARDING THE RETURN SHIPMENT OF THE GOODS AT THE SELLER'S EXPENSE AND RISK. IF YOU DO MAKE THE GOODS AVAILABLE TO THE SELLER AND THE SELLER DOES NOT PICK THEM UP WITHIN TWENTY DAYS OF THE DATE OF CANCELLATION, YOU MAY RETAIN OR DESPOSE OF THE GOODS WITHOUT ANY FURTHER OBLIGATION. IF YOU FAIL TO MAKE THE GOODS AVAILABLE TO THE SELLER, OR IF YOU AGREE TO RETURN THE GOODS TO THE SELLER AND FAIL TO DO SO, THEN YOU REMAIN LIABLE .FOR PERFORMANCE OF ALL OBLIGATIONS UNDER THE CONTRACT. TO CANCEL THIS TRANSACTION, MAIL OR DELIVER A SIGNED AND DATED COPY OF THIS CANCELLATION NOTICE OR ANY OTHER WRITTEN NOTICE, OR SEND A TELEGRAM TO [Name of Seller], AT [Address of Seller's Place of Business]NOT LATER THAN MIDNIGHT OF(date). I HEREBY CANCEL THIS TRANSACTION. Date: Buyer's Signature: Page 4 of 13 SCOU SHORE GUNITE POOLS &SP INC. EXHIBIT A CONSTRUCTION SPECIFICATIONS CUSTOMER NAME: Sheri & Paulo Marnoto CITY/TOWN: North Andover STATE: MA POOL SIZE 38' X 18' DEPTH 3.5' TO 81 SURFACE AREA 684 PERIMETER 112 SHAPE rectang GENERAL SPECIFICATIONS HEATER SPECIFICATIONS 1) Engineered structural plans and 18)*Heater: Sta-Rite Fuel Pro. Included working drawings...................................Included 19)Heater BTU 333,0_ 00 Indoor-_[D _Outdoor-_ 2) Swimming pool construction permits, 20)Fuel connections,venting and fuel as required by state and local codes........... *** permits .......By Owner .................................................. 3) Established shape,location and elevation prior 21)Heater other: Pentair Ultratemp 120 .......... Included to excavation of swimming pool.................Included 22)Water lines to heater connected by SSG ..........._Included 4) Normal excavation of pool,removal of soil,and 22a)Future Heater Connections................................ None placement of wood frame work(up to 8 hours) PLUMBING SPECIFICATIONS •••• ............••••.•••..••••.••. .....................Included 23)*Non corrosive pipe and fittings Additional Excavation @ $200 per hour, throughout.................................. ...Included ................................. 4 hour minimum. 24) 2 *Self adjusting surface skimmers....................Included 5) Engineered steel reinforcing throughout 25)--A_*Pressure return outlets to pool.....................Included P001.......................................................Included 26)Main drain receptacle with grate.... ......Included Engineered concrete,gunite structure to Type: MDX Debris Drain W/SDX Side suction meet or exceed state local codes..................Included 27)Max.Piping length between filter and pool, 7) Water cure gunite shell twice daily for 7 25 ft.................................................Included days.....................................................By Owner 28)Additional Pipe Run @___L80 80 Per Ft...... None 8) —1—set(s)of shallow end steps with 6 ft. AUTOMATIC CLEANING AND CIRCULATION bench.....................................................Included 29)*Floor Recirculation N/A None 9) Swim out(s)deep end 6 ft ... Included 30)*Deluxe PCC2000 W/Leaf Canister.................. Included 10) Stumps,concrete,or other debris 31)Pool Cleaner;-other N/A None removal............................................. None DISINFECTION SYSTEM COPING AND INTERIOR FINISH 32)*Erosion Chlorine Feeder............................I....... Included 11) *6"waterline,frost proof tile....................... By Owner 32a)Clear 03 Ozone Purification System............... Included 12) *Coping 14"x 2"Slab By Owner 32b)Ultra UV Purification System.......................... Included 12a)Coping Material Stone By Owner 32c)Salt Chlorine/Acid Purification System.......... None 12b) Coping Color Natural ,,,,,,, By Owner 13)*Interior finish to be water proof................. Included DECK EQUIPMENT SPECIFICATIONS 13a)Finish Material Satin Matrix Included 33)Diving Board Size N/A Color N/A ...... None 13b)Finish Color Northshore Tahoe Included 34)*Ladder type N/A ............ None 14)Filling of pool within 24 hrs............................By Owner 35)*Stainless steel step rail... ........................................................ FILTER SPECIFICATIONS 15)**Filter: Sta-Rite Size: 450 ncluded Type: N/A .................—None 16)*Pump: Sta-Rite Size:SVRS ncluded 16a)SVRS Device:.PUMP Integration Included 17) Complete hookup of all pool lines to filter Included...............................................................Included SSG Representative Home Owner Page 5 of 13 ACUSTOMER NAME: Sheri & e POoto CITY/TOWN: STATE: MA ELECTRICAL START UP MAINTENANCE 36) 1 *U.L,Approved marine underwater light(s) 54)Safety Rope and Floats........................................Included Type:Color LED Cord Length 100' ,...Included 55)Deluxe Cleaning Tools(wall brush,leaf skimmer,pole, 36a)Color LED Light Controller.......................... None vacuum head and hose,test kit,thermometer.......Included 37)U.L.Approved deck box and conduit for 56)Startup and operations instructions.............. '••• Includedlight(s)•••......................................................Included 57)Start up and balance chemicals.............................Included 38)Electrical to motors clocks and switch 58)Daily testing&adjustment of pH level................By Owner panel..........................:........................................ Included 59)Brushing of interior surface after pool is filled 39)*U.L.listed exterior timing control...................................... with water.,................ By Owner ................................................ Type:, asyTouch , ,,,,,, Included 40)Electrical bonding of steel reinforcement Depending on interior finish, brushing will be 1 to 2-times daily. and deck wire............................................. Included Electrical included means;up to 60'from panel,no change 5 YEAR PARTS AND LABOR WARRANTY and/or upgrade to service into residence,switch and time clock location at pool equipment,pool related electrical only,no landscape lights,sheds,etc. **FILTER HAS 5 YEAR WARRANTY—FILTER Electrical not included means;your electrician does it all. TANK HAS A 10 YEAR WARRANTY Wiring schematic not available,they call in their own inspections and notify SSG when they are completed and 'PLEASE REFER TO EXHIBIT B signed off for SSG to proceed to next phase,they install pool lights and or spa side switches.No electrical consultation or technical support provided by SSG. SLIGHT VARIATIONS IN THE PLASTER WILL BE THERAPY SPA ACCENTUATED AT NIGHT WHEN THE POOL LIGHT IS 41)Attached ✓ DetachedOSeparateQ............Included TURNED ON,WHICH MAY CAST SHADOWS ACROSS 42)Size 8' jets 8 Floor Bubblers 3 .... Included THE FLOOR.THIS IS NOT CONSIDERED A DEFICIENCY. 43)U.L.Approved marine underwater spa light BY NATURE,COLORED PLASTER WILL ACCENTUATE Type:Color LED Cord Length 100' ,...Included ALL OF THE CHARACTERISTICS NORMALLYFOUND IN 44)*Air Blower Air Supply _Size 1.5 HP Included WHITE PLASTER.MOTTLING CAN BE MORE LEDGE WATER. OR UNSUITABLE SOIL CONDITION PRONOUNCED. THE PLASTER CAN EXHIBIT PIGMENT REQUIREMENTS STAINS,STREAKS,MORE NOTICEABLE CHECKING AND 45) 20 Tons of crushed stone @ $700 Included - CRAZING AND BE UNEVEN IN COLOR. COLOR SHADE 46)Add.Stone @ 700 per 18 ton load......... BY Owner VARIATIONS WILL EXIST BETWEEN COLOR AND Price per ton includes delivery and placement of stone. COLOR SAMPLE CHIPS AND ACTUAL MIXED PLASTER. GRADING THE COLOR MAY FADE COMPLETELY OR GET 47)Rough backfill to pipe grade.................... BY Owner GRADUALLY LIGHTER OVER TIME AND OFTEN WILL 48)Gravel for Under Deck if necessary.... BY Owner NOT BE THE SHADE ANTICIPATED.NONE OF THESE 49)Grading and compacting of deck area up CONDITIONS ARE CONSIDERED A DEFICIENCY. to 0 hours. BY Owner 49a)Add.grading @ $. 150 per hr................ Bv Owner MISCELLANEOUS SPECIFICATIONS 50)Property Damage Negligence Insurance DuringConstruction.....................................Included 51)Public Liability and Workmen's Compensation Insurance.......................................................Included 51)State and Federal Sales Tax.............................Included 53)Written Lifetime Transferable Structural Guarantee................ ............................................Included SSG Representative Home Owner Page 6 of 13 CUSTOMER NAME: Sheri & Paulo Marnoto cuynowm North Andover STATE: MA ADDITIONAL SPECIFICATIONS 60.) It is recommended that owner provide a geotechnical engineer to certify the soils bearing capacity will be sufficient to support pool structure. 61.) Any additional crushed stone or backfill material required at excavation to be priced at "pit cost" plus 10% , paid by owner. 62.) Meyco winter cover included - Green, 5x5 panels 63.1 Meyco winter cover installation Not Included 64.) 100 feet of electrical conduit run from main panel to pool equipment sub panel Included 65.) Subpanel at pool equipment to be 100 Amps 66.) Controller for pool and spa systems to be Pentair Easvtouch 8 with Wired indoor panel control of: Pool/spa mode, pool light, spa light, propane heater and electric heat pump, floor bubbler blower motor, including indoor temperature readout & adjustment ability. 67.) Water at Gunite phase and Plaster phase to be provided by Owner's hose 68.) Water at completion to be scheduled by South Shore Gunite, and paid for by Owner Directly to water company. 69.) Skimmers to be Black with black lids 70.) If homeowners are not satisfied with the Ozone & UV disinfection system South Shore Gunite will remove UV and Ozone systems and replace with a Salt Chlorination system for a sum of$900 for the first year after startup SSG Representative ome Owner Page 7 of 13 EXHIBIT B TRANSFERRABLE LIFETIME GUARANTEES, GENERAL TERMS AND CONDITIONS Contractor guarantees its work to be free from defects in material and workmanship for a period of ONE YEAR from date pool the pools interior finish is completed provided owner has complied in full with terms and payments and other conditions of this contract. Contractor further guarantees that the structure will remain structurally sound for the lifetime of the pool. The term, "Lifetime of the Pool" shall be construed to mean the period that the pool is owned by the original purchaser or future owners. The term "Structurally Sound" implies that the swimming pool is capable of containing and holding water and in the event of a failure to do so the contractor will within said period repair the same so that it does hold water. The transferrable Lifetime*structural guarantee therefore would not extend to or cover items external to the pool, such as coping, coloring, interior finish, plumbing, electricity, filter, heaters, decking or pool accessories. Interior finish is not guaranteed against discoloration or staining in as much as this is commonly due to the local water, wrong use of chemicals or lack of cleaning. The Lifetime structural guarantee is also invalid should the pool not be kept full except when emptied by the contractor or under his supervision; should the water table be above the lowest point of the pool; should the structure be damaged by earthquake, war, earth or earth fill movement, of,disasters not occasioned by the contractor such as explosions, wrecking and the like. Items damaged due to negligence or improper winterization or vandalism shall not be covered by the 5 year warranty plan. South Shore Gunite Pool and Spa, Inc. shall have the sole right to replace or repair any warranted item. AGREED CONDITIONS 1. If plans and specifications are attached to within agreement, they form part of this contract. In case of conflict between the provisions stated in such plans and specifications and the terms of the within contract,the terms of the within contract shall prevail. 2. Contractor shall pay sales tax on all materials, shall pay necessary levies on its men, and shall carry public liability, workmen's compensation, and property damage negligence insurance. Contractor agrees to do all work provided in this contract in good and workmanlike manner, but shall not be responsible for delay or failure to perform work when due to acts of God, strikes, war, government prohibition, non-issuance of all required permits affecting pool construction, or reasons beyond its control. 3. Owner is required to do all acts necessary, all construction necessary, or meet all conditions necessary to allow contractor to complete construction of the pool and utilities as provided in this contract. All such acts,construction and meeting of necessary conditions shall be paid SSG Representative Home Owner" Page 8 of 13 for by the owner. ***Owner shall furnish any necessary variances and permits other than building permits. Proper drainage from around swimming pool is to be provided by owner and must meet municipal, county and state regulations. All water must drain away from pool decks. If Sewer connection is required by city or county, owner is responsible for same.' Owner is responsible for location of pool and equipment other than public utility or other assessments. No grading will be done unless specified. No soil will be removed or returned except on excavation day. The pool elevation is to be approved by owner or his representative on the day of excavation. Contractor is not responsible for damage to such items as, but not limited to, curbs, sidewalks, driveways, sewers, and patios, lawns, shrubs and appurtenances. 4. Owner shall verify the actual location of the pool and there shall be no liability on the part of the contractor for incorrect location thereof, whether on owner's property, or a third person. The contract price is based on the owner's representations that: the site is not fill ground (fill ground means soil not compacted to 90%and bearing capacity of 1,000 lbs. P.S.F.); contains no rock formation or boulders, and has adequate bearing capacity before and after excavation for the pool, land, and improvements of the owner and land and improvements of adjacent land owners; contains no cesspool, septic tank, gas line, water pipe, drainage pipe, irrigation pipe, or underground electrical conduit; contains no other obstructions or other unknown ground conditions; no underground or surface water conditions will interfere with the work or operation of the completed structure or installation; no blasting or jackhammer work is required; there are reasonable means of access for contractors and equipment. It is understood and agreed that, after gunite/shotcrete application, contractor is not responsible for flotation of pool due to external water. It is understood and agreed that if any of the foregoing representations should be incorrect, and if any additional work or materials are required to complete the contract, contractor is hereby authorized to make such corrections and the cost shall be added to the contract price plus 10%. If, after the pool is started, the soil condition requires extra steel or gunite (other than expansive soil), other than specified elsewhere in this contract, owner agrees to pay for the additional labor and materials plus 10%. If survey, geological report, topography maps, or soil report should be required by building department, owner is responsible. Removal of blasted ledge is not included in contract price. 5. Additional equipment or size changes added to this contract must be signed for before work can be performed. Payment for added work is to be in advance of work unless cost is unknown. If cost is unknown,work must be authorized in writing and payment must be made on completion of added work with a reasonable advance at contractor's option. 6. In event use of neighbors' property by contractors during preparation and construction is authorized and necessary, owner agrees to be responsible and to indemnify and hold harmless the contractor for any damages caused thereto or thereon. il SSG Representative Home Owner �I Page 9 of 13 7. Walks and decks are not a part of the pool and owner understands that there is no warranty covering same regarding cracking, checking, raising, setting or discoloration. Any damage occurring to pool resulting from decks and walks not being installed in accordance with contractor's specifications is not covered any the guarantees contained herein. 8. All pool dimensions are measured from water line and are approximate with reasonable tolerances either way. Liquidation damages for errors of the contractor in the size to the pool are agreed to be $20.00 per square foot. Payment schedules must be met regardless of any necessity of repairing previously completed work. 9. This agreement constitutes the entire contract of the parties if not supplemented by any addendum or retail installment sale agreement in writing and signed by both parties. The parties are not bound by any oral expression or representation by any agent of either party to act for on behalf of either party which is not recited herein, and contractor is not bound to any commitments or agreement not specified in this contract. 10. If security is given to the contractor or lender for payments due under this contract, it is agreed that such security is collateral security only, and that contractor has the option to disregard said security in case of default in payment and pursue any other legal remedy. 11. If owner should default for a period of 30 days, contractor shall charge owner with a delinquency charge of 1.5%per month (18%per year). Also if such payment so in default is referred to any attorney for collection, owner agrees to pay reasonable attorney's fees with the amount due plus all court costs. 12. Water to fill pool is not included. Any repairs that may be necessary to pool shall.not include the replacement cost or replacement of pool water. 13. The owner is responsible for any and all fencing, temporary and permanent, around pool as required by state or local code. 14. Owner is solely responsible for any and all violations of any easements which occur as a result of the pool construction. Owner agrees to indemnify contractor for and against all claims of said easement violations by any person or entity. 15. If any provision of this Agreement or the application thereof shall, for any reason and to any extent, be invalid or unenforceable, neither the remainder of this Agreement nor the application of the provision to other persons, entities or circumstances shall be affected thereby,but instead shall be enforced to the maximum extent permitted by law. SSG Representative ome Own Aryl� `'i� Page 10 of 13 SOUTH SHORE GUNITE POO& SPAS,INC. H.I.C. #105485 Addendum to Contract Dated 6-4-2015 This addendum becomes part of, and in conformance with,the existing contract documents. POOL DECK,ELECTRICAL, GAS,FENCE,ALARMS and any or all WORK BY OTHERS South Shore Gunite Pool&Spa,Inc.provides the best quality swimming pool in the industry. We accomplish this by providing best in class construction practices and an integrated construction process using"in house"employees to manage and install all required products; as well as deliver service and warranty after the pool is completed. South Shore Gunite Pool&Spa,Inc.takes complete responsibility for all scope of work as defined,in writing,by our contract with the owner;and only that work. As the owner you may decide to hire other vendors,or do the work as the owner,to complete your total pool project.If you opt for this approach,it is vital that you understand requirements and responsibilities as part of the construction process. Industry/Regulatory standards stipulate the owner,take complete responsibility and management for any and all work provided by other vendors or owner,and is accountable for any and all costs associated with the completion of that work,and its compliance with regulatory requirements. Requirements and Responsibilities for work provided by others including but not limited to— POOL DECK,ELECTRICAL,GAS,FENCE,ALARMS: — Obtaining and paying for any and all necessary permits required. — Adhering to and complying with any and all building plans. — Adhering to and complying with any and all building/electrical/plumbing/fence and safety codes. — Requesting any and all inspections and making any necessary changes required as a result of those inspections. — To perform and complete any and all work in a timely manner so as not to delay construction of pool. — For damage to any and all work performed under South Shore Gunite Pool& Spa Inc. contract,including but not limited to tile, coping,pool shell,pool finish,underground piping,pool equipment,and subsequent damages to South Shore Gunite work resulting from improper deck installation or shifting of deck. — For any and all re-inspection fees,revisions,or renewal costs for permits,or engineering plans resulting from an inability to secure any inspections for the pool resulting from Owners failure to complete work pursuant to appropriate building or zoning codes. — Proper deck installation including but not limited to—fill materials and backfilling,compaction, drainage, grading,relief/expansion joints, sealants,Electrical bonding of deck,railings,ladders and diving board as required by local codes.Inspections must be completed prior to installation of pool interior finish. — Proper Electrical installation including but not limited to—installation of all electrical wiring and conduits per applicable code to power all pool equipment included in pool contract. Supply any switches, dimmers, transformers,lighting systems, control systems or any other hi or low electrical voltage lines needed to supply power to any and all electric items. Inspections must be completed prior to installation of pool interior finish. — Accountable for any costs incurred by South Shore Gunite Pool&Spa,Inc. due to improper work or incomplete work performed by owner or owners contractor.These include but not limited to construction clays,product damages, inspection failures, - ability to obtain final inspections or certificate to use. Owner Date Sheri & Paulo Marnoto Owner ttsos ct( ,- � te Representative Date Page 11 of 13 South Shore Gunite artnership in Excellen Pools & Spas, Inc. `- (Main Office) 5-Year to Lifetime - 12 Esquire Road Billerica, _ MA 01862 Limited Pool Warranty •• South Shore Gunite Pool& Spa, Inc. ("SSG"), will during the five(5)year warranty period,repair or replace the coverec pool structural items and equipment in accordance with the terms and conditions set forth herein: A.WARRANTY . shell; also rebar steel guaranteed against rust migration through 1. This limited warranty outlines the specific coverage provided with concrete to interior surface finish. your swimming pool. Coverage includes only the items stated (subject to certain limitations and conditions). All other items and 4. Coping/Brick equipment unless indicated as "lifetime" are covered for a period WARRANTED -All pool, spa and water feature beam edge up to two (2) years as specified under SSG standard pool coping or brick installed by SSG Pools. warranty. NOT WARRANTED-Any pool,spa and water feature beam edge 2. This limited warranty covers only the original pool owner and coping or brick installed by others. only the structural lifetime warranty may be transferred. Properties which are used for rental purposes are not covered by 5. Tile this warranty. WARRANTED-All waterline ceramic tile, spa dam wall ceramic tile and water feature ceramic tile installed by SSG B.WARRANTY PERIOD Pools. 1. This limited warranty is in effect from the date the interior NOT WARRANTED-Other than standard warranty: cap tile, all surface is applied and continues for a period of five (5) years grout, fading or calcium deposit build-up, separation between from that date. deck and tile due to deck movement, ice damage. Any tile C.WARRANTY CALLS installed by others. 1. The pool owner or authorized agent must notify SSG of 6. Interior Finish malfunction of warranted items and equipment by calling 800- WARRANTED-Subject to conditions of SSG's separate 5 649-8080 as soon as problem is discovered. year warranty document. 2. Service calls will be dispatched promptly by SSG in-house NOT WARRANTED-Other than standard warranty: plaster, 3M Warranty Department. Some repairs or service may be subject to Quartz Color Magic. weather conditions. Effort will be made to expedite warranty service in case of emergency. Warranty service calls after the 7. Equipment standard warranty period expires will be charged at the current WARRANTED-Pool motor(s), pump(s), filter (10 year service call fee plus the current hourly rate. THERE IS NO warranty on filter tank), automation controller, back-wash CHARGE FOR REPAIRS OR SERVICE ON WARRANTED valve,spa blower,manual valves,heater and heat pump. ITEMS. NOT WARRANTED-Other than standard warranty:pump seals 3. Notice of malfunction must be given to SSG prior to the and gaskets, rubber 0-rings, pump basket, deck lids, filter expiration of this warranty. pressure gauge, filter grids, filter media, filter cartridge and 4. Warranty service calls, repairs or replacement of items shall be light bulbs. deemed as covered in this limited warranty at no cost to pool owner,except for the service fee,as outlined in section C.2. 9. Disinfection System WARRANTED-Erosion Feeder. D. SPECIFIC DESCRIPTION OF 5-YEAR LIMITED NOT WARRANTED-other than standard warranty: ozone, WARRANTY ultra-violet and salt systems. 1. General Plumbing System 8. Electrical WARRANTED - Leaks and breaks in PVC pipe, PVC manual WARRANTED-Electrical work done by SSG Pools contracted control valves and connectors to all equipment, skimmer, and main drain. Electrician. NOT WARRANTED - Other than standard warranty: eye e ball NOT WARRANTED-Electrical work done by others. fittings, skimmer components (weir, lid and basket), any rubber gaskets O-rings or frost/freeze damage. Excludes city water and 9• Deck Equipment gas pipes. WARRANTED-Ladders and step rails. NOT WARRANTED-other than standard warranty: diving board 2. PCC Plumbing System and base. WARRANTED-PCC Cleaning System,PCC Distributor Valve, and PCC Debris Containment Canister. NOTE: ANYTHING NOT LISTED IN THE ABOVE DESCRIPTIONS OF ITEMS AND COMPONENTS IS 3. Steel System WARRANTED FOR SSG STANDARD WARRANTY WARRANTED-All rebar steel reinforcement in structure of pool PERIOD. Page 12 of 13 E. SPECIFIC DESCRIPTION OFT SFERRABLE c. Alterations o difications made to items or equipment from STRUCTURAL LIFETIME W TY manufacture iginal specifications. d. Failure to maintain proper chemical balance of pool water. 1. Pool Structure Shell e. Missing parts, structural changes, fire, electrical failure or WARRANTED -Entire pool shell including structural steel surge, water damage, lightning, mud, earthquake, storms, and Gunite. Subject to conditions of separate structural freezing,accidents,pest damage,or acts of God, lifetime transferrable warranty document. f. Damage caused as a result of customer neglect or abuse. 2. SSG is not liable for consequential or secondary damages 2. PCC 2000 Cleaning and Director Nozzles resulting from neither failure of warranted item or equipment nor WARRANTED - All PCC in-floor cleaning and director failure to provide service due to conditions beyond its control, nozzles. such as but not limited to delays in obtaining parts or equipment, or labor difficulties. 3. Interior Surface WARRANTED -Workmanship and material. Material will 3. SSG has the sole right to determine if items or equipment shall be not delaminate from gunite shell. repaired or replaced. SSG will not upgrade and is not responsible NOT WARRANTED - Color, shading, mottling or for matching color or brand. Should replacement parts or items discoloration. Staining, scaling or pitting due to water or not be available,or for whatever reason SSG may deem necessary chemical imbalance. Check cracking, crazing due to to repair or replace parts or items, SSG reserves the right to extended drying exposure. substitute parts or items. 4. When performance of service is affected by building or similar F.LIMITATIONS codes so that restoration to original condition is not permitted 1. SSG is responsible only for repair or replacement of warranted and/or requires more costly material or additional expense, SSG items and equipment that malfunctions during the course of has no obligation for the additional cost. normal use. SSG is not responsible to repair or replace any items or equipment which is damaged or malfunctions as a result of: 5. SSG is not responsible for providing access to or closing access from any warranted item or equipment. a. A condition which constitutes a violation of current building codes. 1 6. SSG is not responsible for landscape, water, electrical or b. Improper repair or work not performed by authorized SSG chemical replacement costs as a result of repairs or personnel. replacement of items or equipment. Failure to maintain or service equipment as outlined in manufacturer's owner's manual. I hereby accept and agree to all the above terms of this limited warranty which I have read and understand. This limited warranty shall not be enforceable until after interior surface is applied,and until it is properly accepted and signed by South Shore Gunite Pool&Spa,Inc., and all financial obligations are paid in full. Pool Owner: Sheri & Paulo Marnoto Job No.: Date: Address: 287 Forest Street City: North Andover state: MA Zip Code: 01845 Telephone: (978)258-8175 Email: sherimarnoto(a%comcast.net Start-Up Date (to be completed at time of start-up) SSG POOLS&SPAS,INC. 62, , 1 Po tOwnna e / Datel SSG Repres 'vell �ootune ate. Accepted By Date THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS AS DEFINED BY THE STATE OF MASSACHUSETTS. Page 13 of 13 SOUTH SHORE GUNITEPOOL & SPA, INC. Serving New England 7 PROGRESS AVE., CHELMSFORD, MA 01824 800-649-8080 16'-6" OPEN WATER IN 6' BENCH - 14" DEPTH ftiafXr SEEM��Ifs � - - z g DEPTHt m. - r,, Y- v 4 1 ENTRY STEPS ,4 104W RISERS T-6" $ - SPA TOP STEP DEPTH MCH— a 11'-6" SPA BENCH OPEN WATER NAME: MARNOTO POOL PROJECT ADDRESS: 287 Forest Sreet CITY: North Andover STATE: MA ZIP: SCALE: 1/8" = 1'-0" DATE: 6-3-2015 The Commonwealth of Massachusetts W Department of Industrial Accidents I Congress Street,Suite 100 Boston,MA 02114-2017 wwf+.mass.gov/dia Workers'Compensation Insurance Affidavit:Builders/Contractors/Electricians/Plumbers. TO BE FILED WITH THE PERMITTING AUTHORITY. Applicant Information Please Print Legibly Name (Business/Organization/Individual): South Shore Gunite Pools and Spas, Inc. Address:12 Esquire Rd City/State/Zip:Billerica, MA 01862 Phone#:800.649.8080 Are you an employer?Check the appropriate box: Type of project(required): 1.[Z]I am a employer with 130 employees(full and/or part-time).* 7. ❑New construction 2.7 I am a sole proprietor or partnership and have no employees working for me in 8. ❑ Remodeling any capacity.[No workers'comp.insurance required.] 9. El Demolition 3.®1 am a homeowner doing all work myself[No workers'comp.insurance required.]t 10 [:] Building addition 4.❑I am a homeowner and will be hiring contractors to conduct all work on my property. I will ensure that all contractors either have workers'compensation insurance or are sole 11.❑Electrical repairs or additions proprietors with no employees. 12.❑Plumbing repairs or additions 5.M I am a general contractor and I have hired the sub-contractors listed on the attached sheet. 13.[—]Roof repairs These sub-contractors have employees and have workers'comp.insurance. 14.x✓ OtherNew Swimming Pool 6.❑we are a corporation and its officers have exercised their right of exemption per MGL c. 152,§1(4),and we have no employees.[No workers'comp.insurance required.] *Any applicant that checks box#I must also fill out the section below showing their workers'compensation policy information. f Homeowners who submit this affidavit indicating they are doing all work and then hire outside contractors must submit a new affidavit indicating such. $Contractors that check this box must attached an additional sheet showing the name of the sub-contractors and state whether or not those entities have employees. If the sub-contractors have employees,they must provide their workers'comp.policy number. I am an employer that is providing workers'compensation insurance for my employees. Below is the policy and job site information. Insurance Company Name:The North River Insurance Policy#or Self-ins.Lic.#:408-726195-3 Expiration Date:4-1-2016 Job Site Address: ° City/State/Zip: _ Attach a copy of the workers' compensation policy declaration page(showing the policy number and expirati date). Failure to secure coverage as required under MGL c. 152, §25A is a criminal violation punishable by a fine up to$1,500.00 and/or one-year imprisonment,as well as civil penalties in the form of a STOP WORK ORDER and a fine of up to$250.00 a day against the violator.A copy of this statement may be forwarded to the Office of Investigations of the DIA for insurance coverage verification. I do hereby certify as der the ains and penalties of perjury that the information provided above is true and correct. Si nature: ~' ani ` Date: Phone#: Official use only. Do not write in this area,to be completed by city or town official. City or Town: Permit/License# Issuing Authority(circle one): 1.Board of Health 2.Building Department 3.City/Town Cleric 4.Electrical Inspector 5.Plumbing Inspector 6.Other Contact Person: Phone#: ACC)D® CERTIFICATE OF LIABILITY INSURANCE DATE (2s/2o/'S) THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(les) must be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT Judith George CIC,CPIA,CPIW FIAI/Cross Insurance PHONE (603)669-3218 FAXAIC No (603)645-4331 1100 Elm Street ADDRESS:7george@crossagency.com INSURERS AFFORDING COVERAGE NAIC P Manchester NH 03101 INSURERA:Continental Insurance Company 35289 INSURED INSURER B:Philadel hia Indemnity Ins Cc 18058 SOUTH SHORE GUNITE POOL AND SPA, INC. INSURERC:The North River Insurance Company 12 ESQUIRE ROAD INSURER D: INSURER E. BILLERICA MA 01862 INSURER F: COVERAGES CERTIFICATE NUMBER:15-16 All lines REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ADDL SUBR POLICY EFF POLICY EXP LTR POLICY NUMBER MMIDD MM/DD LIMITS X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 A CLAIMS-MADE ❑X OCCUR DAMAGE TO RENTED 100,000 PREMISES Ea occurrence $ 4013391907 4/1/2015 4/1/2016 MED EXP(Any one person) $ 5,000 PERSONAL&ADV INJURY $ 1,000,000 GEN%AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,000 POLICY JECT F7LOC PRODUCTS-COMP/OPAGG $ 2,000,000 OTHER: $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ Ea accident 1,000,000 A X ANY AUTO BODILY INJURY(Per person) $ 20,000 ALL OWNED SCHEDULED 4013391888 4/1/2015 4/1/2016 BODILY INJURY Per accident $ 40,000 AUTOS AUTOS NON-OWNED PROPERTY DAMAGE $ ( ) X HIRED AUTOS X AUTOS Per accident X UMBRELLA LIAB X OCCUR EACH OCCURRENCE $ 5,000,000 B EXCESS LIAR CLAIMS-MADE AGGREGATE $ 51000,000 DED I X I RETENTION$ 10,000, PHUB500985 5/27/2015 4/1/2016 $ WORKERS COMPENSATION 4087261953 X PER OTH- AND EMPLOYERS'LIABILITY Y/N STATUTE ER _ ANY PROPRIETOR/PARTNER/EXECUTNE (3a.) HA, NO, CT, RI, ME E.L.EACH ACCIDENT $ 1,000,000 OFFICER/MEMBER EXCLUDED? NIA C — (Mandatory In NH) 6 VT 4/1/2015 4/1/2016 E.L.DISEASE-EA EMPLOYEE $ 1,000,000 We describe under All officers included DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ 11000,000 A Limited Pollution 4013391907 4/1/2015 4/1/2016 Occurrence: 1,000,000 Worksites Liability DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached If more space is required) CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE Sheri & Paulo Marnoto THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN 287 Forest Street ACCORDANCE WITH THE POLICY PROVISIONS. North Andover, MA 01845 AUTHORIZED REPRESENTATIVE J George CIC,CPIA,CPI ;^-' ©1988-2014 ACORD CORPORATION. All rights reserved. ACORD 26(2014101) The ACORD name and logo are registered marks of ACORD INS025(2014011 1 1 roassachusetts -Department of Pubic Safety Board of Building Regulations and Standards i� (:utKiriICCti�11 �lllll'!`�iSgT t_icense' C"56070 Robert F Guarino F ;i 7 Prress Avenin } Chetmsfnrd MA 0182 � X.X : pisatiotl 0511312015 y i:011ltlllssiC+tlCr v f 0, 1 e o Consulter A.Ifa1rs nd Bus�.ness Rei latiou 10 Park Plaza - Suite 5170 Boston, Massachusetts 02116 Home I provem. "Contractor Registration Registration: 105485 Type: Supplement Carta Expiration: 7/17/2016 SOUTH SHORE GUNITE POOL,&4 11 C, SCOTT PANCAKE -- 7 Progress Ave, Chelmsford, MA 01824 Update Address and return card.mark reason for change. 1-7 Address 1 i Renewal Employment i Lost Card SCA 1 0 2OM-05111 r X31 ` c W?1W6.iircWA r/br WJf1r11Oje /, ffce of Consumer Affairs&Business Regulation License or registration valid for individul use only before the expiration date. If found return to: ME IMPROVEMENT CONTRACTOR Office of Consumer Affairs and Business Regulation .: egistratiort. 1 Q5485 Type: 10 Park Plaza-Suite 5170 r r Expiratiawl i 7f17l211:6 Supplement's and Boston,MA 02116 SOUTH SHORE GUIVITE.P-004:& SPA INC. w� SCOTT PANCAKE 7 Progress Ave. -^— Chelmsford, ISA 01824 Undersecretary �� of valad signature