The URL can be used to link to this page

Home My WebLink AboutBuilding Permit # 9/4/2015 ...I 00RTe u, 111E 1 IT o aD 16. � TOWN OF NORTH ANDOVER APPLICATION FOR PLAN EXAMINATION Permit NO:NO: - " Date Received 4y o pP`�fn � p Date Issued: IMPORTANT: Applicant must com lete all items on this page L4CrAT17N � � Pr int PR7PERTY OWNER Forint` MAF',NQ PARCEL: ZONING DI; TFt#CT: 1=f� taric®Nstrict no Machine Shop Village ye no TYPE OF IMPROVEMENT PROPOSED USE Residential Non- Residential ❑ New Building ❑ One family ❑ Addition ❑ Two or more family ❑ Industrial ❑ Alteration No. of units: Acommercial Repair, replacement ❑ Assessory Bldg ❑ Others: ❑ Demolition ❑ Other CI eptrc C1 Well IC7 Floodplain ❑ Wetlands ❑ Watershed District C1;1IUxer/SOW, or Identification Please Type or Print Clearly) OWNER: Name:" G"� Iw� i ��) i"� r Phone: Address: t NTM AC" Nam, S�ap ;► 7r �% ni uctNcn Llcer' ,e a I ARCH ITECTIENGINEER e. 12L4S Phone: Address: j at '.,�.aV,��i 'r Reg. No. FEE SCHEDULE:BULDING PERMIT:$1200 PER$1000.00 OF THE TOTAL ESTIMATED COST BASED ON$925.00 PER S.F. Total Project Cost: $ I ! h b bo FEE: $ b 'zt) Check NoPerson an` c � .__Receipt No.: NOTE: ing with unregistered contractors do not have access to he guaranty fund Signature of Owner Signature of contractor _ Arm NORTH lown oi Andovet ® ;' OA ys- C® LAKQ h ♦ er, ass, coc lc KZWIc. �1. A0RATED S 11 BOARD OF HEALTH PERMIT TO LD Food/Kitchen Septic System j ^ THIS CERTIFIES THAT ..........C,Z ...�1!19e:�.�j l.1,��1.�.:�I. �`:.... .... ,��:......... BUILDING INSPECTOR �) Foundation has permission to erect .......................... buildings on . ,`................./............ .............................. Rough to be occupied as ......... .. . .�..?� ..... ..... .. . ...� .:.:.. ......:........................................................ chimney provided that the person accepting tls 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 IN 6 MONTHS ELECTRICAL INSPECTOR UNLESS CONSTRUCTIO ARTS Rough .......'..., Service ............ .... . ................... Final BUILDING INSPECTOR 1 GAS INSPECTOR Occupancy Permit Required to Occupy Bu ldanRough Display 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. Initial Construction Control Document To be submitted with the building permit application by a Registered Design Professional for work per the 8`b edition of the Massachusetts State Building Code, 780 CMR, Section 107 Project Title: 231 Sutton Street- Re-Cladding Project Date: 11 August 2015 Property Address: 231 Sutton Street, North Andover, MA Project: Check one or both as applicable: D New construction XExisting Construction Project description: Remove the existing "stone stucco" cladding and exterior sheathing, evaluate and replace as necessary R-19 batt insulafion, provide new exferrors nea Ing, new AWB membrane, rigid insulation an metal panel sI Ing. I Joseph D. LaGrasse MA Registration Number: MA#4153 Expiration date: 08/16 am a registered design professional,and I have prepared or directly supervised the preparation of all design plans, computations and specifications concerning: XArchitectural Structural Mechanical [ ] Fire Protection Electrical Other for the above named project and that to the best of my knowledge,information, and belief such plans,computations and specifications meet the applicable provisions of the Massachusetts State Building Code,(780 CMR),and accepted engineering practices for the proposed project. I understand and agree that I(or my designee)shall perform the necessary professional services and be present on the construction site on a regular and periodic basis to: 1. Review, for conformance to this code and the design concept, shop drawings,samples and other submittals by the contractor in accordance with the requirements of the construction documents. 2. Perform the duties for registered design professionals in 780 CMR Chapter 17,as applicable. 3. Be present at intervals appropriate to the stage of construction to become generally familiar with the progress and quality of the work and to determine if the work is being performed in a manner consistent with the approved construction documents and this code. Nothing in this document relieves the contractor of its responsibility regarding the provisions of 780 CMR 107. When required by the building official,I shall submit field/progress reports(see item 3.)together withPRCH/7-, comments, in a form acceptable to the building official. 0 i- G4k9101, 1 Upon completion of the work, I shall submit to the building official a'Final Construction Control D tw, Enter in the space to the right a"wet"or electronic signature and seal: 4�- Phone number: 978-470-3675 Email: jlagrasse@lagrassearchltects.com Building Official Use Only Building Official Name: Permit No.: Date: Version 06112013 M AIA TM - 2007 Document Al Standard Form of Agreement Between Owner and Contractor for a Project of Limited Scope AGREEMENT made as of the Sixteenth day of July in the year Two Thousand Fifteen (In words, indicate day, month and year) ADDITIONS AND DELETIONS: The author of this document has BETWEEN the Owner: added information needed for its (Name, legal staters, address and other information) completion.The author may also have revised the text of the original CASH Energy Condominium Association AIA standard form.An Additions and 231 Sutton Street Deletions Report that notes added North Andover,MA 01845 information as well as revisions to C/o the standard form text is available EP Management Corp from the author and should be 7 Tozer Road reviewed.A vertical line in the left Beverly,MA 01915 margin of this document indicates Telephone Number: 978-232-1126 where the author has added necessary information and where the author has added to or deleted and the Contractor: from the original AIA text. (Name, legal states, address and other information) This document has important legal consequences.Consultation with an Republic Building Contractors Inc attorney is encouraged with respect 491 Maple Street,Suite 103 to its completion or modification. Danvers,MA 01923 Telephone Number: 978-750-0099 Fax Number: 978-750-8893 for the following Project: (Name, location and detailed description) 231 Sutton Street Siding 231 Sutton Street,North Andover,MA Siding replacement project The Architect: (Name, legal status, address and other information) Verdeco Designs,LLC 1 Elm Square,Floor 3 Andover,MA 01810 Telephone Number: 978-409-2217 The Owner and Contractor agree as follows. AIA Document A107T"—2007.Copyright©1936,1951,1958,1961,1963,1966,1970,1974,1978,1987,1997 and 2007 by The American Institute of Init. Architects.All rights reserved.WARNiNO:This MA"m Document is protected by U.S.copyright Lawn and International Treaties.Unauthorized � reproduction or dist0bution of thls AM"' Document,or any portion of it,may result in severe dvil and criminat penalties,and will be prosecuted to the t maximum extent possible under the law.This document was produced by AIA software at 09:01:10 on 07/16/2015 under Order No.5390400956 which expires on 07/15/2016,and is not for resale. User Notes: (3139ADA1 B) TABLE OF ARTICLES 1 THE WORK OF THIS CONTRACT 2 DATE OF COMMENCEMENT AND SUBSTANTIAL COMPLETION 3 CONTRACT SUM 4 PAYMENT 5 DISPUTE RESOLUTION 6 ENUMERATION OF CONTRACT DOCUMENTS 7 GENERAL PROVISIONS 8 OWNER 9 CONTRACTOR 10 ARCHITECT 11 SUBCONTRACTORS 12 CONSTRUCTION BY OWNER OR BY SEPARATE CONTRACTORS 13 CHANGES IN THE WORK 14 TIME 15 PAYMENTS AND COMPLETION 16 PROTECTION OF PERSONS AND PROPERTY 17 INSURANCE&BONDS 18 CORRECTION OF WORK 19 MISCELLANEOUS PROVISIONS 20 TERMINATION OF THE CONTRACT 21 CLAIMS AND DISPUTES ARTICLE 1 THE WORK OF THIS CONTRACT The Contractor shall execute the Work described in the Contract Documents,except as specifically indicated in the Contract Documents to be the responsibility of others. ARTICLE 2 DATE OF COMMENCEMENT AND SUBSTANTIAL COMPLETION §2.1 The date of commencement of the Work shall be the date of this Agreement 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. (Insert the date of commencement, if it cliffers from the date of this Agreement or-, if applicable, state that the date will be fixed in a notice to proceed.) AIA Document A1 07 711—2007.Copyright©1936,1951,1958,1961,1963,1966,1970,1974,1978,1987,1997 and 2007 by The American Institute of Init. Architects.All rights reserved.WARNBNC:This AIAO Document is protected by U.S.Copyright Law and hAernationap"treaties.UnwAhorized 2 reproducUon or distribution of this AlA'r Document,or any portion of et,may result in severe 00 and criminal penalties,and will be prosecuted to the t maaxinaubna extent possIWe under the laaw.This document was produced by AIA software at 09:01:10 on 07/16/2015 under Order No.5390400956 which expires on 07/15/2016,and is not for resale. User Notes: (3139ADA113) §2.2 The Contract Time shall be measured from the date of commencement. §2.3 The Contractor shall achieve Substantial Completion of the entire Work not later than ( )days from the date of commencement,or as follows: (Insert number of calendar days.Alternatively, a calendar date may be used when coordinated with the date of commencement. If appropriate, insert requirements for earlier Substantial Completion of certain portions of the Work.) The Contractor shall achieve Substantial Completion of the entire Work not later than December 15,2015 . Portion of Work Substantial Completion Date subject to adjustments of this Contract Time as provided in the Contract Documents. (Insert provisions, if any,for liquidated damages relating to failure to achieve Substantial Completion on time or for bonus payments for early completion of the Work.) If not substantially complete in timeframe specified above,Contractor to cover any costs incurred by owner/contractor to provide a waterproof covering for the area of the building being worked on,unless the delay is beyond the control of the contractor. ARTICLE 3 CONTRACT SUM §3.1 The Owner shall pay the Contractor the Contract Sum in current funds for the Contractor's performance of the Contract.The Contact Sum shall be one of the following: (Check the appropriate box.) [X] Stipulated Sum, in accordance with Section 3.2 below [ ] Cost of the Work plus the Contractor's Fee,in accordance with Section 3.3 below [ ] Cost of the Work plus the Contractor's Fee with a Guaranteed Maximum Price,in accordance with Section 3.4 below (Based on the selection above, complete Section 3.2, 3.3 or 3.4 below.) §3.2 The Stipulated Sum shall be Five Hundred Forty Seven Thousand Five Hundred Forty Nine Dollars and Zero Cents($547549.00),subject to additions and deductions as provided in the Contract Documents. §3.2.1 The Stipulated Sum is based upon the following alternates, if any,which are described in the Contract Documents and are hereby accepted by the Owner: (State the numbers or other identification of accepted alternates. If the bidding or proposal documents permit the Owner to accept other alternates subsequent to the execution of this Agreement; attach a schedule of such other alternates showing the amount for each and the date when that amount expires.) Replacement of Fiberglass Batt Insulation if neccessary cost to be determined and based on extent of material to be replaced if required as per Final Fee Proposal of 6/10/15 §3.2.2 Unit prices,if any: (Ident f�and state the unit price, and state the quantity limitations, f any, to which the unit price will be applicable.) Item Units and Limitations Price Per Unit($0.00) N/A §3.2.3 Allowances included in the stipulated sum,if any: (Identf�allowance and state exclusions, if any,from the allowance price.) AIA Document A107TIl—2007.Copyright©1936,1951,1958,1961,1963,1966,1970,1974,1978,1987,1997 and 2007 by The American Institute of Init. Architects.All rights reserved.WARNING:This AIAO Document is protected by U.S.copyright Law and InternationaY Treaties.Unauthorized 3 reproduction or distrlbutlon of this AIAO Document,or any portion of It,may result In severe cavi@ and crlmhaai penaltles,and writ he prosecuted to the t maxiuvau mx extent possible under the paw.This document was produced by AIA software at 09:01:10 on 07/16/2015 under Order No.5390400956 which expires on 07/15/2016,and is not for resale. User Notes: (3139ADA113) Item Allowance N/A §3.3 COST OF THE WORK PLUS CONTRACTOR'S FEE(NOT APPLICABLE) §3.3.1 The Cost of the Work is as defined in Exhibit A,Determination of the Cost of the Work. §3.3.2 The Contractor's Fee: (State a hinip sum,percentage of Cost of the Work or other provision for determining the Contractors Fee and the method of adjustment to the Fee for changes in the Work.) §3.4 COST OF THE WORK PLUS CONTRACTOR'S FEE WITH A GUARANTEED MAXIMUM PRICE(NOT APPLICABLE) §3.4.1 The Cost of the Work is as defined in Exhibit A,Determination of the Cost of the Work. §3.4.2 The Contractor's Fee: (State a lump sum,percentage of Cost oJ'the Work or other provision for determining the Contractors Fee and the method of adjustment to the Fee for changes in the Work.) §3.4.3 GUARANTEED MAXIMUM PRICE(NOT APPLICABLE) §3.4.3.1 The sum of the Cost of the Work and the Contractor's Fee is guaranteed by the Contractor not to exceed ($ ),subject to additions and deductions by changes in the Work as provided in the Contract Documents. Such maximum sum is referred to in the Contract Documents as the Guaranteed Maximum Price.Costs which would cause the Guaranteed Maximum Price to be exceeded shall be paid by the Contractor without reimbursement by the Owner. (Insert specific provisions if the Contractor is to participate in any savings.) §3.4.3.2 The Guaranteed Maximum Price is based on the following alternates,if any,which are described in the Contract Documents and are hereby accepted by the Owner: §3.4.3.3 Unit Prices,if any: (NOT APPLICABLE) (Identify and state the unit price, and state the quantity limitations, if any, to which the unit price will be applicable.) Item Units and Limitations Price Per Unit($0.00) §3.4.3.4 Allowances included in the Guaranteed Maximum Price,if any: (NOT APPLICABLE) (Idents and state the amounts of any�allowances, and state iihether they inchide labor, materials, or both.) Item Allowance §3.4.3.5 Assumptions, if any,on which the Guaranteed Maximum Price is based: (NOT APPLICABLE) AIA Document A107 T1—2007.Copyright 1936,1951,1958,1961,1963,1966,1970,1974,1978,1987,1997 and 2007 by The American Institute of Init. Architects.All rights reserved.WARNING Thlis AIAO Document is protected by U.S.Copyright Law and hiternational Treafles.Unauthorized 4 reproducflon or distribution of this AIA10 Doctunent,or any portion of it,may result in severe civic said criminal penalties,and wHI be prosecuted to the maximurn extent possible under the law.This document was produced by AIA software at 09:01:10 on 07/16/2015 under Order No.5390400956 which expires on 07/15/2016,and is not for resale. User Notes: (3139ADA1 B) ARTICLE 4 PAYMENTS §4.1 PROGRESS PAYMENTS §4.1.1 Based upon Applications for Payment submitted to the Architect by the Contractor and Certificates for Payment issued by the Architect,the Owner shall make progress payments on account of the Contract Sum to the Contractor as provided below and elsewhere in the Contract Documents. §4.1.2 The period covered by each Application for Payment shall be one calendar month ending on the last day of the month, or as follows: §4.1.3 Provided that an Application for Payment is received by the Architect not later than the Third Friday of Month(Draft)Last Friday of Month(Final)day of a month,the Owner shall make payment of the certified amount to the Contractor not later than the 15th day day of the following month. If an Application for Payment is received by the Architect after the date fixed above,payment shall be made by the Owner not later than 15 Days( 15 Days) days after the Architect receives the Application for Payment. (Federal, state or local laws may require payment within a certain period of time.) §4.1.4 Retainage,if any,shall be withheld as follows: 10% §4.1.5 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. (Insert rate of interest agreed upon, if any.) N/A §4.2 FINAL PAYMENT §4.2.1 Final payment,constituting the entire unpaid balance of the Contract Sum,shall be made,by the Owner to the Contractor when .1 the Contractor has fully performed the Contract except for the Contractor's responsibility to correct Work as provided in Section 18.2,and to satisfy other requirements, if any,which extend beyond final payment; .2 the contractor has submitted a final accounting for the Cost of the Work,where payment is on the basis of the Cost of the Work with or without a guaranteed maximum price;and .3 a final Certificate for Payment has been issued by the Architect. §4.2.2 The Owner's final payment to the Contractor shall be made no later than 30 days after the issuance of the Architect's final Certificate for Payment,or as follows: ARTICLE 5 DISPUTE RESOLUTION §5.1 BINDING DISPUTE RESOLUTION For any claim subject to,but not resolved by,mediation pursuant to Section 21.3,the method of binding dispute resolution shall be as follows: (Check the appropriate box. If the Owner and Contractor do not select a method of binding dispute resolution belmi� or do not subsequently agree in writing to a binding dispute resolution method other than litigation, claims will be resolved irr a court of competent jurisdiction.) [X] Arbitration pursuant to Section 21.4 of this Agreement [ ] Litigation in a court of competent jurisdiction [ ] Other(Specify) Init. AIA Document Al 07TH—2007.Copyright©1936,1951,1958,1961,1963,1966,1970,1974,1978,1987,1997 and 2007 by The American Institute of Architects.All rights reserved.WidARNINO.This A6A"'Document Is protected by U.S.Copyright Law and internaUonai Treaties.Unauthorized 5 reproductionor distribution of this AiA181 Document,or any portion of it,may result in severe civil and criminai pen2aYties,and wilt be prosecuted to the t maximum extent possible under the law.This document was produced by AIA software at 09:01:10 on 07/16/2015 under Order No.5390400956 which expires on 07/15/2016,and is not for resale. User Notes: (3B9ADA1 B) ARTICLE 6 ENUMERATION OF CONTRACT DOCUMENTS §6.1 The Contract Documents are defined in Article 7 and, except for Modifications issued after execution of this Agreement,are enumerated in the sections below. §6.1.1 The Agreement is this executed AIA Document A 107-2007, Standard Form of Agreement Between Owner and Contractor for a Project of Limited Scope. §6.1.2 The Supplementary and other Conditions of the Contract: Document Title Date Pages §6.1.3 The Specifications: (Either list the Specifications here or refer to an exhibit attached to this Agreement) Specifications Book 231 Sutton Street Siding Replacement Project(5/4/15) Section Title Date Pages §6.1.4 The Drawings: (Either list the Drawings here or refer to an exhibit attached to this Agreement.) Number Title Date A4.0 Building Elevations 5/4/15 A4.1 Building Elevations 5/4/15 A6.0 Gen Notes and AL 13 5/4/15 Details §6.1.5 The Addenda, if any: Number Date Pages N/A Portions of Addenda relating to bidding requirements are not part of the Contract Documents unless the bidding requirements are enumerated in this Article 6. §6.1.6 Additional documents,if any,forming part of the Contract Documents: .1 Exhibit A,Determination of the Cost of the Work, if applicable. .2 AIA Document E201TM-2007,Digital Data Protocol Exhibit,if completed,or the following: .3 Other documents: (List here any additional documents that are intended to form part of the Contract Documents) Republic Building Contractors Inc Fee Proposal Letter(6/10/15)serves as the basis for the agreement in regards to scope of work to arrive at this project contract price noted in Section 3.2 ARTICLE 7 GENERAL PROVISIONS §7.1 THE CONTRACT DOCUMENTS The Contract Documents are enumerated in Article 6 and consist of this Agreement(including, if applicable, Supplementary and other Conditions of the Contract), Drawings, Specifications,Addenda issued prior to the execution of this Agreement,other documents listed in this Agreement and Modifications issued after execution of AIA Document Al 071m—2007.Copyright©1936,1951,1958,1961,1963,1966,1970,1974,1978,1987,1997 and 2007 by The American Institute of Init. Architects.All rights reserved.WARNING:This AIAO Document is protected by U.S.Copyright Law and hiternatlonaVi"reaties.Unauthorized 6 reproduction or distribution of this AiAll Docurnent,or any portion of It,may result in severe civil and criminO penalties,and will be prosecuted to the t maximum extent possMe under the law.This document was produced by AIA software at 09:01:10 on 07/16/2015 under Order No.5390400956 which expires on 07/15/2016,and is not for resale. User Notes: (369ADA1 B) this Agreement. A Modification is(1)a written amendment to the Contact signed by both parties,(2)a Change Order,(3)a Construction Change Directive or(4)a written order for a minor change in the Work issued by the Architect.The intent of the Contract Documents is to 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 to the extent consistent with the Contract Documents and reasonably inferable from them as being necessary to produce the indicated results. §7.2 THE CONTRACT The Contract Documents form the Contract for Construction.The Contract represents the entire and integrated agreement between the parties hereto and supersedes prior negotiations,representations or agreements,either written or oral. The Contract may be amended or modified only by a Modification. The Contract Documents shall not be construed to create a contractual relationship of any kind between any persons or entities other than the Owner and the Contractor. §7.3 THE WORK 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. §7.4 INSTRUMENTS OF SERVICE Instruments of Service are representations,in any medium of expression now known or later developed,of the tangible and intangible creative work performed by the Architect and the Architect's consultants under their respective professional services agreements. Instruments of Service may include,without limitation,studies, surveys,models,sketches,drawings,specifications,and other similar materials. §7.5 OWNERSHIP AND USE OF DRAWINGS,SPECIFICATIONS AND OTHER INSTRUMENTS OF SERVICE §7.5.1 The Architect and the Architect's consultants shall be deemed the authors and owners of their respective Instruments of Service,including the Drawings and Specifications, and will retain all common law,statutory and other reserved rights,including copyrights. The Contractor, Subcontractors, Sub-subcontractors,and material or equipment suppliers shall not own or claim a copyright in the Instruments of Service. Submittal or distribution to meet official regulatory requirements or for other purposes in connection with this Project is not to be construed as publication in derogation of the Architect's or Architect's consultants' reserved rights. §7.5.2 The Contractor, Subcontractors, Sub-subcontractors and material or equipment suppliers are authorized to use and reproduce the Instruments of Service provided to them solely and exclusively for execution of the Work. All copies made under this authorization shall bear the copyright notice,if any, shown an the Instruments of Service. The Contactor, Subcontractors, Sub-subcontractors, and material or equipment suppliers may not use the hlstruments of Service on other projects or for additions to this Project outside the scope of the Work without the specific written consent of the Owner,Architect and the Architect's consultants. §7.6 TRANSMISSION OF DATA IN DIGITAL FORM If the parties intend to transmit Instruments of Service or any other information or documentation in digital form, they shall endeavor to establish necessary protocols governing such transmission, unless otherwise provided in the Agreement or in the Contract Documents. ARTICLE 8 OWNER §8.1 INFORMATION AND SERVICES REQUIRED OF THE OWNER §8.1.1 The Owner shall furnish all necessary surveys and a legal description of the site. §8.1.2 The Contractor shall be entitled to rely on the accuracy of information furnished by the Owner but shall exercise proper precautions relating to the safe performance of the Work. §8.1.3 Except for permits and fees that are the responsibility of the Contractor under the Contract Documents, including those required under Section 9.6.1,the Owner shall secure and pay for other necessary approvals, easements,assessments and charges required for the construction,use or occupancy of permanent structures or for permanent changes in existing facilities. AIA Document A107T""—2007.Copyright©1936,1951,1958,1961,1963,1966,1970,1974,1978,1987,1997 and 2007 by The American Institute of [nit. Architects.All rights reserved.W'VdARN[NC:This AIA" Document is protected by U.S;.Copyright Law and international Treaties.Unauthorized 7 reproduction or distdbu lon of this AIAO Docuanent,or any portion of it,may result in severe civil and criminal penalties,and will be prosecuted to the maxlrnurn extent possible sander the law.This document was produced by AIA software at 09:01:10 on 07/16/2015 under Order No.5390400956 which expires on 07/15/2016,and is not for resale. User Notes: (369ADA1 B) §8.2 OWNER'S RIGHT TO STOP THE WORK If the Contractor fails to correct Work which is not in accordance with the requirements of the Contract Documents, or repeatedly fails to carry out the Work in accordance with the Contract Documents,the Owner may issue a written order to the Contractor to stop the Work, or any portion thereof,until the cause for such order is 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. §8.3 OWNER'S RIGHT TO CARRY OUT THE WORK If the Contractor defaults or neglects to cavy out the Work in accordance with the Contract Documents,and fails within a ten-day period after receipt of written notice from the Owner to commence and continue correction of such default or neglect with diligence and promptness,the Owner,without prejudice to any other remedy the Owner may have,may correct such deficiencies and may deduct the reasonable cost thereof, including Owner's expenses and compensation for the Architect's services made necessary thereby, from the payment then or thereafter due the Contractor. ARTICLE 9 CONTRACTOR §9.1 REVIEW OF CONTRACT DOCUMENTS AND FIELD CONDITIONS BY CONTRACTOR §9.1.1 Execution of the Contract by the Contractor is a representation that the Contractor has visited the site, become generally familiar with local conditions under which the Work is to be performed and correlated personal observations with requirements of the Contract Documents. §9.1.2 Because the Contract Documents are complementary,the Contractor shall,before starting each portion of the Work,carefully study and compare the various Contract Documents relative to that portion of the Work,as well as the information furnished by the Owner pursuant to Section 8.1.1,shall take field measurements of any existing conditions related to that portion of the Work and shall observe any conditions at the site affecting it.These obligations are for the purpose of facilitating coordination and construction by the Contractor and are not for the purpose of discovering errors,omissions, or inconsistencies in the Contract Documents;however,the Contractor shall promptly report to the Architect any errors, inconsistencies,or omissions discovered by or made known to the Contractor as a request for information in such form as the Architect may require. It is recognized that the Contractor's review is made in the Contractor's capacity as a contractor and not as a licensed design professional unless otherwise specifically provided in the Contract Documents. §9.1.3 The Contractor is not required to ascertain that the Contract Documents are in accordance with applicable laws,statutes,ordinances,codes,rules and regulations,or lawful orders of public authorities,but the Contractor shall promptly report to the Architect any nonconformity discovered by or made known to the Contractor as a request for information in such form as the Architect may require. §9.2 SUPERVISION AND CONSTRUCTION PROCEDURES §9.2.1 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 the Contract Documents give other specific instructions concerning these matters. §9.2.2 The Contactor shall be responsible to the Owner for acts and omissions of the Contractor's employees, Subcontractors and their agents and employees, and other persons or entities performing portions of the Work for or on behalf of the Contractor or any of its Subcontractors. §9.3 LABOR AND MATERIALS §9.3.1 Unless otherwise provided in the Contract Documents,the Contactor shall provide and pay for labor, materials,equipment,tools, construction equipment and machinery,water,heat,utilities,transportation,and other facilities and services necessary for proper execution and completion of the Work whether temporary or permanent and whether or not incorporated or to be incorporated in the Work. §9.3.2 The Contractor shall enforce strict discipline and good order among the Contractor's employees and other persons carrying out the Work. The Contractor shall not permit employment of unfit persons or persons not skilled in tasks assigned to them. Init. AIA Document A107TM—2007.Copyright©1936,1951,1958,1961,1963,1966,1970,1974,1978,1987,1997 and 2007 by The American Institute of Architects.All rights reserved.WARMNC':This AIAl" Document is protected by U.S.Copyright Law and huternationat Trestles.Unauthorized 8 reproduction or dlstdb utlon of this AM"' Document,or any portion of it,may result In severe clvli and criminal penalties„and will be prosecuted to the / maximum extent possible under tete law.This document was produced by AIA software at 09:01:10 on 07/16/2015 under Order No.5390400956 which expires on 07/15/2016,and is not for resale. User Notes: (369ADA1 B) §9.3.3 The Contractor may make a substitution only with the consent of the Owner, after evaluation by the Architect and in accordance with a Modification. §9.4 WARRANTY The Contractor warrants to the Owner and Architect that materials and equipment furnished under the Contract will be of good quality and new unless the Contract Documents require or permit otherwise. The Contractor further warrants that the Work will conform to the requirements of the Contract Documents and will be free from defects, except for those inherent in the quality of the Work the Contract Documents require or permit.Work,materials,or equipment not conforming to these requirements may be considered defective.The Contractor's warranty excludes remedy for damage or defect caused by abuse,alterations to the Work not executed by the Contractor,improper or insufficient maintenance, improper operation or normal wear and tear under normal usage.Contractor to provide minimum 1 year warrantee on workmanship and also standard manufacturers warranty on materials and systems installed. §9.5 TAXES The Contractor shall pay sales, consumer,use and other similar taxes that are legally enacted when bids are received or negotiations concluded,whether or not yet effective or merely scheduled to go into effect. §9.6 PERMITS,FEES,NOTICES,AND COMPLIANCE WITH LAWS §9.6.1 Unless otherwise provided in the Contract Documents,the Contractor shall secure and pay for the building permit as well as other permits,fees, licenses and inspections by government agencies necessary for proper execution and completion of the Work that are customarily secured after execution of the Contract and legally required at the time bids are received or negotiations concluded. §9.6.2 The Contractor shall comply with and give notices required by applicable laws, statutes,ordinances,codes, rules and regulations,and lawful orders of public authorities applicable to performance of the Work. If the Contractor performs Work knowing it to be contrary to applicable laws,statutes,ordinances,codes,rules and regulations,or lawful orders of public authorities,the Contractor shall assume appropriate responsibility for such Work and shall bear the costs attributable to correction. §9.7 ALLOWANCES The Contractor shall include in the Contract Sum all allowances stated in the Contract Documents. The Owner shall select materials and equipment under allowances with reasonable promptness.Allowance amounts shall include the costs to the Contractor of materials and equipment delivered at the site and all required taxes, less applicable trade discounts.Allowance amounts shall not include the Contractor's costs for unloading and handling at the site, labor, installation,overhead,and profit. §9.8 CONTRACTOR'S CONSTRUCTION SCHEDULES §9.8.1 The Contractor,promptly after being awarded the Contract,shall prepare and submit for the Owner's and Architect's information a Contractor's construction schedule for the Work. The schedule shall not exceed time limits current under the Contract Documents, shall be revised at appropriate intervals as required by the conditions of the Work and Project,shall be related to the entire Project to the extent required by the Contract Documents,and shall provide for expeditious and practicable execution of the Work. §9.8.2 The Contractor shall perform the Work in general accordance with the most recent schedule submitted to the Owner and Architect. §9.9 SUBMITTALS §9.9.1 The Contractor shall review for compliance with the Contract Documents and submit to the Architect Shop Drawings,Product Data, Samples and similar submittals required by the Contract Documents in coordination with the Contractor's construction schedule and in such sequence as to allow the Architect reasonable time for review.By submitting Shop Drawings,Product Data, Samples and similar submittals,the Contractor represents to the Owner and Architect that the Contractor has(1)reviewed and approved them;(2)determined and verified materials, field measurements and field construction criteria related thereto,or will do so;and(3)checked and coordinated the information contained within such submittals with the requirements of the Work and of the Contract Documents. The Work shall be in accordance with approved submittals. AIA Document A107T"'—2007.Copyright©1936,1951,1958,1961,1963,1966,1970,1974,1978,1987,1997 and 2007 by The American Institute of Init. Architects.All rights reserved.WARNING:This AM', Document ps protected by U.SCopyright Law and internaatlona@ Treaties.Unauthorized 9 reproduction or distribution of this AIKI Document,or any portion of it,may result in severe 601 and crimina t penalties,and will be prosecuted)to'Rhe / maxiaaaum extent possible under the paw.This document was produced by AIA software at 09:01:10 on 07/16/2015 under Order No.5390400956 which expires on 07/15/2016,and is not for resale. User Notes: (3139ADA113) §9.9.2 Shop Drawings,Product Data, Samples and similar submittals are not Contract Documents. §9.10 USE OF SITE The Contractor shall confine operations at the site to areas permitted by applicable laws, statutes,ordinances, codes, rules and regulations,lawful orders of public authorities,and the Contract Documents and shall not unreasonably encumber the site with materials or equipment. §9.11 CUTTING AND PATCHING The Contractor shall be responsible for cutting,fitting or patching required to complete the Work or to make its parts fit together properly. §9.12 CLEANING UP 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 waste materials, rubbish,the Contractor's tools,construction equipment,machinery and surplus material from and about the Project. §9.13 ROYALTIES,PATENTS AND COPYRIGHTS The Contractor shall pay all royalties and license fees.The Contractor shall defend suits or claims for infringement of copyrights and patent rights and shall hold the Owner and Architect 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 or where the copyright violations are contained in Drawings, Specifications or other documents prepared by the Owner or Architect.However,if the Contractor has reason to believe that the required design,process or product is an infringement of a copyright or a patent,the Contractor shall be responsible for such loss unless such information is promptly furnished to the Architect. §9.14 ACCESS TO WORK The Contractor shall provide the Owner and Architect access to the Work in preparation and progress wherever located. §9.15 INDEMNIFICATION §9.15.1 To the fullest extent permitted by law,the Contractor shall indemnify and hold harmless the Owner,Owners Agent and Employees, Architect,Architect's consultants and agents and employees of any of them from and against claims, damages,losses and expenses,including but not limited to attorneys' 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),but only to the extent caused by the 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 Section 9.15.1. §9.15.2 In claims against any person or entity indemnified under this Section 9.15 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 Section 9.15.1 shall not be limited by a limitation on amount or type of damages, compensation or benefits payable by or for the Contractor or Subcontractor under workers' compensation acts, disability benefit acts or other employee benefit acts. ARTICLE 10 ARCHITECT §10.1 The Architect will provide administration of the Contract and will be an Owner's representative during construction,until the date the Architect issues the final Certificate for Payment. The Architect will have authority to act on behalf of the Owner only to the extent provided in the Contract Documents,unless otherwise modified in. writing in accordance with other provisions of the Contract. §10.2 The Architect will visit the site at intervals appropriate to the stage of the construction to become generally familiar with the progress and quality of the portion of the Work completed,and to determine in general,if the Work AIA Document A107TM—2007.Copyright©1936,1951,1958,1961,1963,1966,1970,1974,1978,1987,1997 and 2007 by The American Institute of Init. Architects.All rights reserved.WARNWNC:This AIA1 Document is protected by U.S.Copyright Law and inteirnatbonal Treaties.Unauthorized 10 reproduction or distribution of this MAI'Document,or any portion of it,may result in severe clvit and criminal penalties,and will be prosecuted to the maximunn extent possible under the law.This document was produced by AIA software at 09:01:10 on 07/16/2015 under Order No.5390400956 which expires on 07/15/2016,and is not for resale. User Notes: (369ADA1 B) observed is being performed in a manner indicating that the Work,when fully completed,will be in accordance with the Contract Documents. However,the Architect will not be required to make exhaustive or continuous on-site inspections to check the quality or quantity of the Work.The Architect will not have control over, charge of,or responsibility for,the construction means,methods,techniques, sequences or procedures, or for safety precautions and programs in connection with the Work,since these are solely the Contractor's rights and responsibilities under the Contract Documents. §10.3 On the basis of the site visits,the Architect will keep the Owner reasonably informed about the progress and quality of the portion of the Work completed,and report to the Owner(1)known deviations from the Contract Documents and from the most recent construction schedule submitted by the Contractor,and(2)defects and deficiencies observed in the Work.The Architect will not be responsible for the Contractor's failure to perform the Work in accordance with the requirements of the Contract Documents.The Architect will not have control over or charge of and will not be responsible for acts or omissions of the Contractor,Subcontractors, or their agents or employees, or any other persons or entities performing portions of the Work. §10.4 Based on the Architect's evaluations of the Work and of the Contractor's Applications for Payment,the Architect will review and certify the amounts due the Contractor and will issue Certificates for Payment in such amounts. §10.5 The Architect has authority to reject Work that does not conform to the Contract Documents and to require inspection or testing of the Work. §10.6 The Architect will review and approve or take other appropriate action upon the Contractor's submittals such as Shop Drawings,Product Data and Samples, but only for the limited purpose of checking for conformance with information given and the design concept expressed in the Contract Documents. §10.7 The Architect will interpret and decide matters concerning performance under, and requirements of,the Contract Documents on written request of either the Owner or Contractor.The Architect will make initial decisions on all claims,disputes and other matters in question between the Owner and Contractor but will not be liable for results of any interpretations or decisions rendered in good faith. §10.8 The Architect's decisions on matters relating to aesthetic effect will be final if consistent with the intent expressed in the Contract Documents. §10.9 Duties,responsibilities and limitations of authority of the Architect as set forth in the Contract Documents shall not be restricted,modified or extended without written consent of the Owner,Contractor and Architect. Consent shall not be unreasonably withheld. ARTICLE 11 SUBCONTRACTORS §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 through the Architect the names of the Subcontractors or suppliers for each of the principal portions of the Work. The Contractor shall not contract with any Subcontractor or supplier to whom the Owner or Architect has made reasonable written objection within ten days after receipt of the Contractor's list of Subcontractors and suppliers. If the proposed but rejected Subcontractor was reasonably capable of performing the Work,the Contract Sum and Contract Time shall be increased or decreased by the difference,if any, occasioned by such change,and an appropriate Change Order shall be issued before commencement of the substitute Subcontractor's Work,The Contractor shall not be required to contract with anyone to whom the Contractor has made reasonable objection. §11.3 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, including the responsibility for safety of the Subcontractor's Work,which the Contractor,by the Contract Documents,assumes toward the Owner and AIA Document A107Tm—2007.Copyright©1936,1951,1958,1961,1963,1966,1970,1974,1978,1987,1997 and 2007 by The American Institute of Init. Architects.All rights reserved.WARNING:This AIAll Document Is protected by U.S.Copyright Law and hiternatlonel Treaties.unauthorized 11 reproduction or distribution of this AiA'rl Document,or any portion of It,may result lar severe c@0 and criminal penalties,and will be prosecuted to the maximum extent possible under the law.This document was produced by AIA software at 09:01:10 on 07/16/2015 under Order No.5390400956 which expires on 07/15/2016,and is not for resale. User Notes: (3B9ADA1 B) Architect,and(2)allow the Subcontractor the benefit of all rights,remedies and redress against the Contractor that the Contractor,by these Contract Documents,has against the Owner. 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 claitm as provided in Article 21. §12.2 The Contractor shall afford the Owner and separate contractors reasonable opportunity for introduction and storage of their materials and equipment and performance of their activities, and shall connect and coordinate the Contractor's activities with theirs as required by the Contract Documents. §12.3 The Owner shall be reimbursed by the Contractor for costs incurred by the Owner which are payable to a separate contractor because of delays,improperly timed activities or defective construction of the Contractor. The Owner shall be responsible to the Contractor for costs incurred by the Contractor because of delays,improperly timed activities, damage to the Work or defective construction of a separate contractor. ARTICLE 13 CHANGES IN THE WORK §13.1 By appropriate Modification, changes in the Work may be accomplished after execution of the Contract.The Owner,without invalidating the Contract,may order changes in the Work within the general scope of the Contract consisting of additions,deletions or other revisions,with 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, Contractor and Architect,or by written Construction Change Directive signed by the Owner and Architect. §13.2 Adjustments in the Contract Sum and Contract Time resulting from a change in the Work shall be determined by mutual agreement of the parties or,in the case of a Construction Change Directive signed only by the Owner and Architect,by the Contractor's cost of labor,material, equipment,and reasonable overhead and profit,unless the parties agree on another method for determining the cost or credit.Pending final determination of the total cost of a Construction Change Directive,the Contractor may request payment for Work completed pursuant to the Construction Change Directive.The Architect will make an interim determination of the amount of payment due for purposes of certifying the Contractor's monthly Application for Payment.When the Owner and Contractor agree on adjustments to the Contract Sum and Contract Time arising from a Construction Change Directive,the Architect will prepare a Change Order. §13.3 The Architect will have authority to order minor changes in the Work not involving adjustment in the Contract Sum or extension of the Contract Time and not inconsistent with the intent of the Contract Documents. Such changes shall be effected by written order and shall be binding on the Owner and Contractor.The Contractor shall carry out such written orders promptly. §13.4 If concealed or unknown physical conditions are encountered at the site that differ materially from those indicated in the Contract Documents or from those conditions ordinarily found to exist,the Contract Sum and Contract Time shall be equitably adjusted as mutually agreed between the Owner and Contractor;provided that the Contractor provides notice to the Owner and Architect promptly and before conditions are disturbed. 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 Unless otherwise provided,Contract Tirme is the period of time,including authorized adjustments,allotted in the Contract Documents for Substantial Completion of the Work. §14.3 The term"day"as used in the Contract Documents shall mean calendar day unless otherwise specifically defined. §14.4 The date of Substantial Completion is the date certified by the Architect in accordance with Section 15.4.3. AIA Document A107TM—2007.Copyright©1936,1951,1958,1961,1963,1966,1970,1974,1978,1987,1997 and 2007 by The American Institute of Init. Architects.All rights reserved.WARNMG:This AIAO Document is protected by U.S.Copyright Law and International Treaties.Unauthorized 12 reproduction or distribution of this MAO Document,or any portion of It,may result in severe civii and crirninaB penalties,and will be prosecuted to the maximum extent possible under the law.This document was produced by AIA software at 09:01:10 on 07/16/2015 under Order No.5390400956 which expires on 07/15/2016,and is not for resale. User Notes: (3139ADA1 B) §14.5 If the Contractor is delayed at any time in the commencement or 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, or by other causes which the Architect determines may justify delay,then the Contract Time shall be extended by Change Order for such reasonable time as the Architect may determine,subject to the provisions of Article 21. ARTICLE 15 PAYMENTS AND COMPLETION §15.1 APPLICATIONS FOR PAYMENT §15.1.1 Where the Contract is based on a Stipulated Sum or the Cost of the Work with a Guaranteed Maximum Price,the Contractor shall submit to the Architect, before the first Application for Payment, a schedule of values, allocating the entire Contract Sum to the various portions of the Work,prepared in such form and supported by such data to substantiate its accuracy as the Architect may require.This schedule,unless objected to by the Architect, shall be used in reviewing the Contractor's Applications for Payment. §15.1.2 With each Application for Payment where the Contract Sum is based upon the Cost of the Work,or the Cost of the Work with a Guaranteed Maximum Price,the Contractor shall submit payrolls,petty cash accounts, receipted invoices or invoices with check vouchers attached, and any other evidence required by the Owner to demonstrate that cash disbursements already made by the Contractor on account of the Cost of the Work equal or exceed(1) progress payments already received by the Contractor,less (2)that portion of those payments attributable to the Contractor's Fee;plus(3)payrolls for the period covered by the present Application for Payment. §15.1.3 Payments shall be made on account of materials and equipment delivered and suitably stored at the site for subsequent incorporation in the Work. If approved in advance by the Owner,payment may similarly be made for materials and equipment stored, and protected from damage, off the site at a location agreed upon in writing. §15.1.4 The Contractor warrants that title to all Work covered by an Application for Payment will pass to the Owner j no later than the time of payment.The Contractor further warrants that upon submittal of an Application for Payment all Work for which Certificates for Payment have been previously issued and payments received from the Owner shall,to the best of the Contractor's knowledge, information and belief,be free and clear of liens,claims, security interests or other encumbrances adverse to the Owner's interests. §15.2 CERTIFICATES FOR PAYMENT §15.2.1 The Architect will,within seven days after receipt of the Contractor's Application for Payment,either issue to the Owner a Certificate for Payment,with a copy to the Contractor,for such amount as the Architect determines is properly due,or notify the Contractor and Owner in writing of the Architect's reasons for withholding certification in whole or in part as provided in Section 15.2.3. §15.2.2 The issuance of a Certificate for Payment will constitute a representation by the Architect to the Owner, based on the Architect's evaluations of the Work and the data comprising the Application for Payment,that,to the best of the Architect's knowledge, information and belief,the Work has progressed to the point indicated and that the quality of the Work is in accordance with the Contract Documents.The foregoing representations are subject to an evaluation of the Work for conformance with the Contract Documents upon Substantial Completion,to results of subsequent tests and inspections,to correction of minor deviations from the Contract Documents prior to completion and to specific qualifications expressed by the Architect.The issuance of a Certificate for Payment will further constitute a representation that the Contractor is entitled to payment in the amount certified.However,the issuance of a Certificate for Payment will not be a representation that the Architect has(1)made exhaustive or continuous on- site inspections to check the quality or quantity of the Work, (2)reviewed construction means,methods,techniques, sequences or procedures,(3)reviewed copies of requisitions received from Subcontractors and material suppliers and other data requested by the Owner to substantiate the Contractor's right to payment,or(4)made examination to ascertain how or for what purpose the Contractor has used money previously paid on account of the Contract Sum. §15.2.3 The Architect may withhold a Certificate for Payment in whole or in part,to the extent reasonably necessary to protect the Owner, if in the Architect's opinion the representations to the Owner required by Section 15.2.2 cannot be made.If the Architect is unable to certify payment in the amount of the Application,the Architect will notify the Contractor and.Owner as provided in Section 15.2.1. If the Contractor and the Architect cannot agree on a revised amount,the Architect will promptly issue a Certificate for Payment for the amount for which the Architect is AIA Document Al07T'1—2007.Copyright©1936,1951,1958,1961,1963,1966,1970,1974,1978,1987,1997 and 2007 by The American Institute of Init. Architects.All rights reserved.WARMING:This AIAl Document Is protected by U.S.Copyrlght Law and International Treaties,Unauthorized 13 reproduction or distr0&atdion of thls AIAfr Document,or any portiori of it,may result in severe civil and criminal penalties,and will be prosecuted to the maximum extent possibie under the law.This document was produced by AIA software at 09:01:10 on 07/16/2015 under Order No.5390400956 which expires on 07/15/2016,and is not for resale. User Notes: (3B9ADA1 B) able to make such representations to the Owner.The Architect may also withhold a Certificate for Payment or, because of subsequently discovered evidence,may nullify the whole or a part of a Certificate for Payment previously issued,to such extent as may be necessary in the Architect's opinion to protect the Owner from loss for which the Contractor is responsible, including loss resulting from acts and omissions described in Section 9.2.2, because of .1 defective Work not remedied; .2 third party claims filed or reasonable evidence indicating probable filing of such claims unless security acceptable to the Owner is provided by the Contractor; .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 a separate 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 repeated failure to carry out the Work in accordance with the Contract Documents. §15.2.4 When the above reasons for withholding certification are removed, certification will be made for amounts previously withheld. §15.3 PROGRESS PAYMENTS §15.3.1 The Contractor shall pay each Subcontractor,no later than seven days after receipt of payment,the amount to which the Subcontractor is entitled,reflecting percentages actually retained from payments to the Contractor on account of the Subcontractor's portion of the Work.The Contractor shall,by appropriate agreement with each Subcontractor,require each Subcontractor to make payments to sub-subcontractors in similar manner. §15.3.2 Neither the Owner nor Architect shall have an obligation to pay or see to the payment of money to a Subcontractor except as may otherwise be required by law. §15.3.3 A Certificate for Payment,a progress payment,or partial or entire use or occupancy of the Project by the Owner shall not constitute acceptance of Work not in accordance with the Contract Documents. i §15.4 SUBSTANTIAL COMPLETION §15.4.1 Substantial Completion is the stage in the progress of the Work when the Work or designated portion thereof is sufficiently complete in accordance with the Contract Documents so that the Owner can occupy or utilize the Work for its intended use. §15.4.2 When the Contractor considers that the Work,or a portion thereof which the Owner agrees to accept separately, is substantially complete,the Contractor shall prepare and submit to the Architect a comprehensive list of items to be completed or corrected prior to final payment. Failure to include an item on such list does not alter the responsibility of the Contractor to complete all Work in accordance with the Contract Documents. §15.4.3 Upon receipt of the Contractor's list,the Architect will make an inspection to determine whether the Work or designated portion thereof is substantially complete.When the Architect determines that the Work or designated portion thereof is substantially complete,the Architect will issue a Certificate of Substantial Completion which shall establish the date of Substantial Completion,establish responsibilities of the Owner and Contractor for security, maintenance,heat, utilities, damage to the Work and insurance, and fix the time within which the Contractor shall finish all items on the list accompanying the Certificate. Warranties required by the Contract Documents shall commence on the date of Substantial Completion of the Work or designated portion thereof unless otherwise provided in the Certificate of Substantial Completion. §15.4.4 The Certificate of Substantial Completion shall be submitted to the Owner and Contractor for their written acceptance of responsibilities assigned to them in such Certificate. Upon such acceptance and consent of surety, if any,the Owner shall make payment of retainage applying to such Work or designated portion thereof. Such payment shall be adjusted for Work that is incomplete or not in accordance with the requirements of the Contract Documents. AIA Document A107T"'—2007.Copyright©1936,1951,1958,1961,1963,1966,1970,1974,1978;1987,1997 and 2007 by The American Institute of Init. Architects.All rights reserved.WARNING:This AIA"'Document is protected by US,Copyright Law and lnternationW Treaties.Unauthorized 14 reproduction or distribution of this AIA"Document,or any portion of it,may resuit in severe civil and criminal penalties,and will be prosecuted to the nnaxirnum extent possible under the Paw.This document was produced by AIA software at 09:01:10 on 07/16/2015 under Order No.5390400956 which expires on 07/15/2016,and is not for resale. User Notes: (3B9ADA1 B) §15.5 FINAL COMPLETION AND FINAL PAYMENT §15.5.1 Upon receipt of the Contractor's written notice that the Work is ready for final inspection and acceptance and upon receipt of a final Application for Payment,the Architect will promptly make such inspection and,when the Architect finds the Work acceptable under the Contract Documents and the Contract fully performed,the Architect will promptly issue a final Certificate for Payment stating that to the best of the Architect's knowledge, information and belief, and on the basis of the Architect's on-site visits and inspections,the Work has been completed in accordance with terms and conditions of the Contract Documents and that the entire balance found to be due the Contractor and noted in the final Certificate is due and payable.The Architect's final Certificate for Payment will constitute a further representation that conditions stated in Section 15.5.2 as precedent to the Contractor's being entitled to final payment have been fulfilled. §15.5.2 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 costs and reasonable attorneys' fees. §15.5.3 The making of final payment shall constitute a waiver of claims by the Owner except those arising ftom .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. §15.5.4 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 SAFETY PRECAUTIONS AND PROGRAMS 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,whether in storage on or off the site, under care, custody or control of the Contractor or the Contractor's Subcontractors or Sub- subcontractors;and .3 other property at the site or adjacent thereto,such as trees,shrubs, lawns, walks,pavements,roadways, structures and utilities not designated for removal,relocation or replacement in the course of construction. The Contractor shall comply with and give notices required by applicable laws,statutes,ordinances, codes,rules and 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 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 Sections 16.1.2 and 16.1.3,except for damage or loss attributable to acts or omissions of the Owner or Architect or by anyone for whose acts either of them 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 Section 9.15. §16.2 HAZARDOUS MATERIALS §16.2.1 The Contractor is responsible for compliance with the requirements of the Contract Documents regarding hazardous materials.If the Contractor encounters a hazardous material or substance not addressed in the Contract Documents,and if reasonable precautions will be inadequate to prevent foreseeable bodily injury or death to persons resulting from a material or substance,including but not limited to asbestos or polychlorinated biphenyl (PCB), encountered on the site by the Contractor,the Contractor shall,upon recognizing the condition, immediately stop Work in the affected area and report the condition to the Owner and Architect in writing. When the material or substance has been rendered harmless, Work in the affected area shall resume upon written agreement of the Owner AIA Document A107Tm—2007.Copyright©1936,1951,1958,1961,1963,1966,1970,1974,1978,1987,1997 and 2007 by The American Institute of [nit. Architects.All rights reserved.WARNING:This MMI Document is protected by U.S.Copyright Law and internattorml Treaties.Unauthorized 15 reproduction or distribution of tWs AIAE°'Document,or any porflon of it,may resuit in severe civil and eriminal penalties,and wHI be prosecuted to the uma)dmuum extent possihde under the Saw.This document was produced by AIA software at 09:01:10 on 07/16/2015 under Order No.5390400956 which expires on 07/15/2016,and is not for resale. User Notes: (3139ADA1 B) and Contractor.By Change Order,the Contract Time shall be extended appropriately and the Contract Sum shall be increased in the amount of the Contractor's reasonable additional costs of shutdown,delay and start-up. §16.2.2 To the fullest extent permitted by law,the Owner shall indemnify and hold harmless the Contractor, Subcontractors,Architect,Architect's consultants and agents and employees of any of them from and against claims, damages, losses and expenses,including but not limited to attorneys' fees,arising out of or resulting from performance of the Work in the affected area, if in fact,the material or substance presents the risk of bodily injury or death as described in Section 16.2.1 and has not been rendered harmless,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),except to the extent that such damage,loss or expense is due to the fault or negligence of the party seeking indemnity. §16.2.3 If,without negligence on the part of the Contractor,the Contractor is held liable by a government agency for the cost of remediation of a hazardous material or substance solely by reason of performing Work as required by the Contract Documents,the Owner shall indemnify the Contractor for all cost and expense thereby incurred. ARTICLE 17 INSURANCE AND BONDS §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' compensation acts and other employee benefit acts which are applicable,claims for damages because of bodily injury,including death,and claims for damages, other than to the Work itself,to property which may arise out of or result from the Contractor's operations and completed 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 Section 9.15. Certificates of Insurance acceptable to the Owner shall be filed with the Owner prior to commencement of the Work. 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 Owner.The Contractor shall cause the commercial liability coverage required by the Contract Documents to include: (1)the Owner,the Architect and the Architect's Consultants as additional insureds for claims caused in whole or in part by the Contractor's negligent acts or omissions during the Contractor's operations; and(2)the Owner as an additional insured for claims caused in whole or in part by the Contractor's negligent acts or omissions during the Contractor's completed operations. §17.2 OWNER'S LIABILITY INSURANCE The Owner shall be responsible for purchasing and maintaining the Owner's usual liability insurance. §17.3 PROPERTY INSURANCE §17.3.1 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 on an"all-risk"or equivalent policy form,including builder's risk,in the amount of the initial Contract Sum,plus the value of subsequent modifications and cost of materials supplied and installed by others,comprising total value for the entire Project at the site on a replacement cost basis without optional deductibles. Such property insurance shall be maintained,unless otherwise provided in the Contract Documents or otherwise agreed in writing by all persons and entities who are beneficiaries of such insurance,until final payment has been made as provided in Section 15.5 or until no person or entity other than the Owner has an insurable interest in the property required by this Section 17.3.1 to be covered,whichever is later. This insurance shall include interests of the Owner,the Contractor, Subcontractors and sub-subcontractors in the Project. §17.3.2 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,and that its limits will not be reduced,until at least 30 days' prior written notice has been given to the Contractor. §17.3.3 The Owner and Contractor waive all rights against(1)each other and any of their subcontractors,sub- subcontractors,agents and employees,each of the other, and(2)the Architect,Architect'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 causes of loss to the extent covered by property insurance obtained pursuant to Section 17.3 or other property insurance applicable to the Work,except such rights as they have to AIA Document A107TM—2007.Copyright©1936,1951,1958,1961,1963,1966,1970,1974,1978,1987,1997 and 2007 by The American Institute of Init. Architects.All rights reserved.WARNMG;This AVA1'Docurrvent is protected by U.B.Copyright Law and Internationat Treaties,Unauthorized 16 reproduction or distribution of this AIA-' Document,or any portion of it,may result in severe clvlf and cdmtnal penalties,and wH1 be prosecuted to the / maAmum extent possible under the law.This document was produced by AIA software at 09:01:10 on 07/16/2015 under Order No.5390400956 which expires on 07/15/2016,and is not for resale. User Notes: (369ADA1 B) proceeds of such insurance held by the Owner as fiduciary. The Owner or Contractor,as appropriate,shall require of the Architect,Architect's consultants,separate contractors described in Article 12,if any, and the subcontractors, sub-subcontractors, agents and employees of any of them,by appropriate agreements,written where legally required for validity,similar waivers each in favor of other parties enumerated herein. The policies shall provide such waivers of subrogation by endorsement or otherwise.A waiver of subrogation shall be effective as to a person or entity even though that person or entity would otherwise have a duty of indemnification, contractual or otherwise, did not pay the insurance premium directly or indirectly, and whether or not the person or entity had an insurable interest in the property damaged. §17.3.4 A loss insured under the Owner's property insurance shall be adjusted by the Owner as fiduciary and made payable to the Owner as fiduciary for the insureds,as their interests may appear,subject to requirements of any applicable mortgagee clause.The Contractor shall pay Subcontractors their just shares of insurance proceeds received by the Contractor,and by appropriate agreements,written where legally required for validity,shall require Subcontractors to make payments to their sub-subcontractors in similar manner. §17.4 PERFORMANCE BOND AND PAYMENT BOND §17.4.1 The Owner shall have the right to require the Contractor to fiirnish bonds covering faithful performance of the Contract and payment of obligations arising thereunder as stipulated in bidding requirements or specifically required in the Contract Documents on the date of execution of the Contract. §17.4.2 Upon the request of any person or entity appearing to be a potential beneficiary of bonds covering payment of obligations arising under the Contract,the Contractor shall promptly furnish a copy of the bonds or shall authorize a copy to be furnished. ARTICLE 18 CORRECTION OF WORK §18.1 The Contractor shall promptly correct Work rejected by the Architect or failing to conform to the requirements of the Contract Documents,whether discovered before or after Substantial Completion and whether or not fabricated,installed or completed.Costs of correcting such rejected Work,including additional testing and inspections,the cost of uncovering and replacement,and compensation for the Architect's services and expenses made necessary thereby,shall be at the Contractor's expense,unless compensable under Section A.2.7.3 in Exhibit A,Determination of the Cost of the Work. §18.2 In addition to the Contractor's obligations under Section 9.4,if,within one year after the date of Substantial Completion of the Work or designated portion thereof or after the date for commencement of warranties established under Section 15.4.3,or by terms of an applicable special warranty required by the Contract Documents,any of the Work is found to be not in accordance with the requirements of the Contract Documents,the Contractor shall correct it promptly after receipt of written notice from the Owner to do so unless the Owner has previously given the Contractor a written acceptance of such condition. The Owner shall give such notice promptly after discovery of the condition.During the one-year period for correction of Work, if the Owner fails to notify the Contractor and give the Contractor an opportunity to make the correction,the Owner waives the rights to require correction by the Contractor and to make a claim for breach of warranty. §18.3 If the Contractor fails to correct nonconforming Work within a reasonable time,the Owner may correct it in accordance with Section 8.3. §18.4 The one-year period for correction of Work shall be extended with respect to portions of Work first performed after Substantial Completion by the period of time between Substantial Completion and the actual completion of that portion of the Work. §18.5 The one-year period for correction of Work shall not be extended by corrective Work performed by the Contractor pursuant to this Article 18. ARTICLE 19 MISCELLANEOUS PROVISIONS §19.1 ASSIGNMENT OF CONTRACT Neither party to the Contract shall assign the Contract without written consent of the other,except that the Owner may,without consent of the Contractor,assign the Contract to a lender providing construction financing for the AIA Document A107TM—2007.Copyright©1936,1951,1958,1961,1963,1966,1970,1974,1978,1987,1997 and 2007 by The American Institute of ]nit. Architects.All rights reserved.WARMNG:This AIAO Document is protected by U.S.Copyright Law and international Treaties.Unauthorized 17 reproduction or distribution of dols ABA' Document,or any portion of It,may result In severe civil and crhnhiM penalties,and will be prosecuted to the / rmximuurn extent possbBale under the law.This document was produced by AIA software at 09:01:10 on 07116/2015 under Order No.5390400956 which expires on 07/15/2016,and is not for resale. User Notes: (3139ADA1 B) Project if the lender assumes the Owner's rights and obligations under the Contract Documents.The Contractor shall execute all consents reasonably required to facilitate such assignment. §19.2 GOVERNING LAW The Contract shall be governed by the law of the place where the Project is located, except,that if the parties have selected arbitration as the method of binding dispute resolution,the Federal Arbitration Act shall govern Section 21.4. §19.3 TESTS AND INSPECTIONS Tests,inspections and approvals of portions of the Work required by the Contract Documents or by applicable laws, statutes,ordinances,codes,rules and regulations or lawful orders of public authorities shall be made at an appropriate time.Unless otherwise provided,the Contractor shall make arrangements for such tests, inspections and approvals with an independent testing laboratory or entity acceptable to the Owner,or with the appropriate public authority,and shall bear all related costs of tests,inspections and approvals. The Contractor shall give the Architect timely notice of when and where tests and inspections are to be made so that the Architect may be present for such procedures.The Owner shall bear costs of(1)tests,inspections or approvals that do not become requirements until after bids are received or negotiations concluded, and(2)tests,inspections or approvals where building codes or applicable laws or regulations prohibit the Owner from delegating the costs to the Contractor. §19.4 COMMENCEMENT OF STATUTORY LIMITATION PERIOD The Owner and Contractor shall commence all claims and causes of action,whether in contract,tort,breach of warranty or otherwise,against the other arising out of or related to the Contract in accordance with the requirements of the final dispute resolution method selected in the Agreement within the period specified by applicable law,but in any case not more than 10 years after the date of Substantial Completion of the Work. The Owner and Contractor waive all claims and causes of action not commenced in accordance with this Section 19.4. ARTICLE 20 TERMINATION OF THE CONTRACT §20.1 TERMINATION BY THE CONTRACTOR If the Architect fails to certify payment as provided in Section 15.2.1 for a period of 30 days through no fault of the Contractor,or if the Owner fails to make payment as provided in Section 4.1.3 for a period of 30 days,the Contractor may, upon seven additional days' written notice to the Owner and the Architect,terminate the Contract and recover from the Owner payment for Work executed,including reasonable overhead and profit, costs incurred by reason of such termination, and damages. §20.2 TERMINATION BY THE OWNER FOR CAUSE §20.2.1 The Owner may terminate the Contract if the Contractor .1 repeatedly refuses or fails to supply enough properly skilled workers or proper materials; .2 fails to make payment to Subcontractors for materials or labor in accordance with the respective agreements between the Contractor and the Subcontractors; .3 repeatedly disregards applicable laws,statutes,ordinances,codes,rules and regulations or lawful orders of a public authority;or .4 otherwise is guilty of substantial breach of a provision of the Contract Documents. §20.2.2 When any of the above reasons exists,the Owner,upon certification by the Architect that sufficient cause exists to justify such action,may,without prejudice to any other remedy the Owner may have and after giving the Contractor seven days'written notice,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 reasonable method the Owner may deem expedient.Upon request of the Contractor,the Owner shall furnish to the Contractor a detailed accounting of the costs incurred by the Owner in finishing the Work. §20.2.3 When the Owner terminates the Contract for one of the reasons stated in Section 20.2.1,the Contractor shall not be entitled to receive further payment until the Work is finished. §20.2.4 If the unpaid balance of the Contract Sum exceeds costs of finishing the Work, including compensation for the Architect's services and expenses made necessary thereby,and other damages incurred by the Owner and not expressly waived,such excess shall be paid to the Contractor. If such costs and damages exceed the unpaid balance, the Contractor shall pay the difference to the Owner.The amount to be paid to the Contractor or Owner,as the case AIA Document All 07TM—2007.Copyright©1936,1951,1958,1961,1963,1966,1970,1974,1978,1987,1997 and 2007 by The American Institute of Init. Architects.All rights reserved.WARNIM This AIA13' Document is protected by U.S.Copyrright.Law crud Internationai Treaties,,Unauthorized 1$ reproduction or distribution of this AiA`� Doctarmuent,or any portlorn of It,irnay result In severe civil and cr minat penalties„and will be prosecuted to the / maxuumaourn extent possible under the lava.This document was produced by AIA software at 09:01:10 on 07/16/2015 under Order No.5390400956 which expires on 07/15/2016,and is not for resale. User Notes: (3139ADA1 B) may be,shall be certified by the Architect,upon application,and this obligation for payment shall survive termination of the Contract. §20.3 TERMINATION BY THE OWNER FOR CONVENIENCE The Owner may,at any time,terminate the Contract for the Owner's convenience and without cause.The Contractor shall be entitled to receive payment for Work executed, and costs incurred by reason of such termination,along with reasonable overhead and profit on the Work not executed. ARTICLE 21 CLAIMS AND DISPUTES §21.1 Claims,disputes and other matters in question arising out of or relating to this Contract,including those alleging an error or omission by the Architect but excluding those arising under Section 16.2,shall be referred initially to the Architect for decision. Such matters,except those waived as provided for in Section 21.8 and Sections 15.5.3 and 15.5.4,shall, after initial decision by the Architect or 30 days after submission of the matter to the Architect,be subject to mediation as a condition precedent to binding dispute resolution. §21.2 If a claim,dispute or other matter in question relates to or is the subject of a mechanic's lien,the party asserting such matter may proceed in accordance with applicable law to comply with the lien notice or filing deadlines. §21.3 The parties shall endeavor to resolve their disputes by mediation which,unless the parties mutually agree otherwise,shall be administered by the American Arbitration Association in accordance with their Construction Industry Mediation Procedures in effect on the date of the Agreement.A request for mediation shall be made in writing, delivered to the other party to this Agreement,and filed with the person or entity administering the mediation.The request may be made concurrently with the binding dispute resolution but,in such event,mediation shall proceed in advance of binding dispute resolution proceedings,which shall be stayed pending mediation for a period of 60 days from the date of filing,unless stayed for a longer period by agreement of the parties or court order. If an arbitration is stayed pursuant to this Section,the parties may nonetheless proceed to the selection of the arbitrator(s)and agree upon a schedule for later proceedings. §21.4 If the parties have selected arbitration as the method for binding dispute resolution in the Agreement,any claim,subject to,but not resolved by,mediation shall be subject to arbitration which,unless the parties mutually agree otherwise,shall be administered by the American Arbitration Association,in accordance with the Construction Industry Arbitration Rules in effect on the date of this Agreement. Demand for arbitration shall be made in writing,delivered to the other party to the Contract,and filed with the person or entity administering the arbitration.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. §21.5 Either party, at its sole discretion,may consolidate an arbitration conducted under this Agreement with any other arbitration to which it is a party provided that(1)the arbitration agreement governing the other arbitration permits consolidation;(2)the arbitrations to be consolidated substantially involve common questions of law or fact; and(3)the arbitrations employ materially similar procedural rules and methods for selecting arbitrator(s). §21.6 Any party to an arbitration may include by joinder persons or entities substantially involved in a common question of law or fact whose presence is required if complete relief is to be accorded in arbitration provided that the party sought to be joined consents in writing to such joinder.Consent to arbitration involving an additional person or entity shall not constitute consent to arbitration of a Claire not described in the written Consent. §21.7 The foregoing agreement to arbitrate and other agreements to arbitrate with an additional person or entity duly consented to by parties to the Agreement shall be specifically enforceable under applicable law in any court having jurisdiction thereof. §21.8 CLAIMS FOR CONSEQUENTIAL DAMAGES The Contractor and Owner waive claims against each other for consequential damages arising out of or relating to this Contract.This mutual waiver includes .1 damages incurred by the Owner for rental expenses,for losses of use, income,profit,financing, business and reputation, and for loss of management or employee productivity or of the services of such persons;and Init. AIA Document A107TM—2007.Copyright©1936,1951,1958,1961,1963,1966,1970,1974,1978,1987,1997 and 2007 by The American Institute of Architects.All rights reserved.WARNMG:'This AIAO Document Is protected by U.S.Copyright Law and International Treaties.Unauthorized 19 reproductlon or distribution of this AIAl" Document,or any portion of It,may result in severe civil and crirnhial penalties,and wlil be prosecuted to the rnaximumrn extent possible under the lawn.This document was produced by AIA software at 09:01:10 on 07/16/2015 under Order No.5390400956 which expires on 07/15/2016,and is not for resale. User Notes: (3139ADA1 B) ,2 damages incurred by the Contractor for principal office expenses including the compensation of personnel stationed there,for losses of financing,business and reputation,and for loss of profit except anticipated profit arising directly from the Work. This mutual waiver is applicable,without limitation,to all consequential damages due to either party's termination in accordance with Article 20.Nothing contained in this Section 21.8 shall be,deemed to preclude an award of liquidated damages,when applicable,in accordance with the requirements of the Contract Documents. T Agreement entered into as of the dayfirst WrIfte OW�_ and 0 co VcrdR(Siknature) Stephen Sakakeeny, Condo Board Chair es Ward, President (Printed name and title) (Printed name and title) AIA Document A107Thl—2007,Copyright 01936,1061,1958,1961,1963,1966,1970,1974,1978,1987,:19.97 and 2007 by The American Institute of Architects.All rights reserved,WARNING:This AIAID Document Is protected by U.S.Copyright Law and International Treaties,Unauthorized reproduction ordistribution of this AIA11 Document,or any portion of It,may result In severe civil and criminal penalties,and will be prosecuted to the maximum extent possible tinder the law.This document was produced by AIA software at 09:01:10 on 07116/2015 under Order No.639040956 which expires on 07/1512016,and Is not for resale. User Notes: (MOADMB) Additions and Deletions Report for AIA®Document A107TM— 2007 This Additions and Deletions Report, as defined on page 1 of the associated document,reproduces below all text the author has added to the standard form AIA document in order to complete it,as well as any text the author may have added to or deleted from the original AIA text.Added text is shown underlined. Deleted text is indicated with a horizontal line through the original AIA text. Note: This Additions and Deletions Report is provided for information purposes only and is not incorporated into or constitute any part of the associated AIA document.This Additions and Deletions Report and its associated document were generated simultaneously by AIA software at 09:01:10 on 07/16/2015. PAGE AGREEMENT made as of the Sixteenth day of July in the year Two Thousand Fifteen CASH Energy Condominium Association 231 Sutton Street North Andover,MA 01845 C/o EP Management Corp 7 Tozer Road Beverly,MA 01915 Telephone Number: 978-232-1126 Republic Building Contractors Inc 491 Maple Street, Suite 103 Danvers,MA 01923 Telephone Number: 978-750-0099 Fax Number: 978-750-8893 231 Sutton Street Siding 231 Sutton Street North Andover MA Siding replacement project Verdeco Designs,LLC 1 Elm Square,Floor 3 Andover,MA 01810 Telephone Number: 978-409-2217 PAGE 3 The Contractor shall achieve Substantial Completion of the entire Work not later than December 15,2015 . Additions and Deletions Report for AIA Document A107 T11—2007.Copyright©1936,1951,1958,1961,1963,1966,1970,1974,1978,1987,1997 and 2007 by The American Institute of Architects.All rights reserved.wARNiNCa:This AIA' Document is protected by U.S.Copyright Law and international � Treafies.Unauthorized reproduction or distribution of this AIA"' Document,or any portion of it,may result In severe ciAl and criminal penalties,auwd MH be prosecuted to the mm aximurn extent posslbie under the taw.This document was produced by AIA software at 09:01:10 on 07/16/2015 under Order No. 5390400956 which expires on 07/15/2016,and is not for resale. User Notes: (3139ADA113) If not substantially complete in timeframe specified above, Contractor to cover any costs incurred by owner/contractor to provide a waterproof covering for the area of the building being worked on,unless the delay is beyond the control of the contractor. [X] Stipulated Sum,in accordance with Section 3.2 below §3.2 The Stipulated Sum shall be Five Hundred Forty Seven Thousand Five Hundred Forty Nine Dollars and Zero Cents($547549.00),subject to additions and deductions as provided in the Contract Documents. Replacement of Fiberglass Batt Insulation if neccessary cost to be determined and based on extent of material to be replaced if required as per Final Fee Proposal of 6/10/15 N/A PAGE 4 N/A §3.3 COST OF THE WORK PLUS CONTRACTOR'S FEE(NOT APPLICABLE) §3.4 COST OF THE WORK PLUS CONTRACTOR'S FEE WITH A GUARANTEED MAXIMUM RR1G€PRICE NOT APPLICABLE) §3.4.3 GUARANTEED MAXIMUM PRICEPRICE(NOT APPLICABLE) §3.4.3.3 Unit Prices,if any:-(NOT APPLICABLE) §3.4.3.4 Allowances included in the Guaranteed Maximum Price, if an3�any: (NOT APPLICABLE) §3.4.3.5 Assumptions, if any,on which the Guaranteed Maximum Price is based:based: Additions and Deletions Report for AIA Document A107Tm—2007.Copyright©1936,1951,1958,1961,1963,1966,1970,1974,1978,1987,1997 and 2007 by The American Institute of Architects.All rights reserved. ARNING� TWs AIA'1"Document is protected by U.S.Copyright Law and International 2 Trestles,Unauthorized reproduction or distribution of this MAID Document,or any portion of it,may result In severe civil and criminal penalties,and will be prosecuted to the maximum extent pose&ble under the taw.This document was produced by AIA software at 09:01:10 on 07/16/2015 under Order No. 5390400956 which expires on 07/15/2016,and is not for resale. User Notes: (3139ADA1 B) (NOT APPLICABLE) PAGE 5 §4.1.3 Provided that an Application for Payment is received by the Architect not later than the Third Friday of Month(Draft)Last Friday of Month(Final)day of a month,the Owner shall make payment of the certified amount to the Contractor not later than the 15th day day of the following month.If an.Application for Payment is received by the Architect after the date fixed above,payment shall be made by the Owner not later than 1.5 Days( 15 Das) days after the Architect receives the Application for Payment. 10% N/A% [X] Arbitration pursuant to Section 21.4 of this Agreement PAGE 6 Specifications Book 231 Sutton Street Siding Replacement Project(5/4/15) A4.0 Building Elevations 5/4/15 A4.1 Building Elevations 5/4/15 A6.0 Gen Notes and ALI3 5/4/15 Details N/A Republic Building Contractors hic Fee Proposal Letter(6/10/15)serves as the basis for the agreement in regards to scope of work to arrive at this project contract price noted in Section 3.2 PAGE 9 The Contractor warrants to the Owner and Architect that materials and equipment furnished under the Contract will be of good quality and new unless the Contract Documents require or permit otherwise. The Contractor further warrants that the Work will conform to the requirements of the Contract Documents and will be free from defects, except for those inherent in the quality of the Work the Contract Documents require or permit.Work,materials,or equipment not conforming to these requirements may be considered defective.The Contractor's warranty excludes remedy for damage or defect caused by abuse,alterations to the Work not executed by the Contractor, improper or insufficient maintenance, improper operation or normal wear and tear under normal tusage- sage.Conh actor to provide minimum 1 year warrantee on workmanship and also standard manufacturers warranty on materials and systems installed. Additions and Deletions Report for AIA Document A107 TM—2007.Copyright©1936,1951,1958,1961,1963,1966,1970,1974,1978,1987,1997 and 2007 by The American Institute of Architects.All rights reserved.WARNING:This AM" Document Is protected by U.S.Copyright Law and lnternationai3 Treaties.Unauthorized reproduction or distribution of this AIA"',Document,or any portion of it,may result in severe cMi and criminal penafties,and will be prosecuted to the maximum extent possible under the law.This document was produced by AIA software at 09:01:10 on 07/16/2015 under Order No. 5390400956 which expires on 07/15/2016,and is not for resale. User Notes: (3B9ADA1 B) PAGE 10 §9.15.1 To the fullest extent permitted by law,the Contractor shall indemnify and hold harmless the Owner, Owners Agent and Employees, Architect,Architect's consultants and agents and employees of any of them from and against claims, damages, losses and expenses, including but not limited to attorneys' 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),but only to the extent caused by the 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 Section 9.15.1. PAGE 20 Stephen Sakakeeny, Condo Board Chair James Ward President Additions and Deletions Report for AIA Document A107 TM—2007.Copyright©1936,1951,1958,1961, 1963,1966,1970,1974,1978,1987,1997 and 2007 by The American Institute of Architects.All rights reserved.WARNING:This AIA", Document is protected by U.S.Copyright taw and international4 •Treaties.Unauthorized reproduction or distribution of this AIA'r' Document,or any portion of Ik,may,result In severe civil and criminal penalties,and wild be prosecuted to the rnaxirnurn extent possible wonder the law.This document was produced by AIA software at 09:01:10 on 07/16/2015 under Order No. 5390400956 which expires on 07/15/2016,and is not for resale. User Notes: (389ADA1 B) Certification of Document's Authenticity AIAO Document D401 Im — 2003 1,,hereby certify,to the best of my knowledge,information and belief,that I created the attached final document simultaneously with its associated Additions and Deletions Report and this certification at 08:52:52 on 07/16/2015 under Order No. 4432849848 from AIA Contract Documents software and that in preparing the attached final document I made no changes to the original text of AIAO Document A I 07TM-2007,Standard Form of Agreement Between Owner and Contractor for a Project of Limited Scope,as published by the AIA in its software,other than those additions and deletions shown in the associated Additions and Deletions Report. /R1 Y (Signed) M dAILAO" alr-W (Title) (Dated) AIA Document D401 TM-2003.Copyright @ 1992 and 2003 by The American Institute of Architects.All rights reserved.WARNING:This AIA"Document is protected by U.S.Copyright Law and International Treaties.Unauthorized reproduction or distribution of this AIA"Document,or any portion of It, may result In severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law.This document was produced by AIA software at 08:52:62 on 07/16/2015 under Order No-4432849848 which expires on 06/28/2016,and is not for resale. User Notes: (3139ADA33) COMMON AREA - HALLWAY — VII i 'o LUNCH ROOM RECEPTION _ J OFFICE OFFICE ,a Z 10'-61/2' O Q � fl UNIT 2E A 0 UNIT 2L Unit Area = 1.186...s:F. X Unit Area = 42b s.f. — ... Z , fj 0 n. n•-r a OF..FICE OFFICE OFFICE 12!-1 COMMOM AREA IEXTERIOR PARKING LOT) �LOQR. P1At�l SCALE_: 1/� V-0" S;ECDND �LC�t3 I- CURRENT OWhTEi2-IS J.OSBPH,M. PELIGFI. TRUSTEEs:OF 23[SFITTON'STi23;ET; SUITE:2E.rREALTY TRUST. 2: THIS AMEN[��ED: FLOOx2'f_i AN IS 4RECORDE© fOR TFIE SIIbbMNCs 744E GUBIDIVI%PRt OF THE:EXISTING UNIT ZE !313 0 UNIT EAS AMEND S} "NO UNIT 2L. p? . Nq�� PU12StlAN3 TO AIdD IN ACCO'RDA2ICE WITH T44E AMENDMENT n SER 2 TO THE C-PND,plit flits MA TE32,DEED O CASH:ENsRw CONDOMINIUM RECORDED HERE 11ITH. I CERTIFY THAT THIS PLA14 DEPICTS T-+4.E.UNIT NUMSER 'DESIGNATED AND THE IMMEMATELY ADJOINjNCs UNITS: I Ftfk,`THbE CER2 lFY T4,4AT "<-0I`rs eiSS THIS PLAR'fULLY AND AC RATZLY DEPICTS TETE LAYOUT OF THE hh3 r,'ZI� UNIT.IT'S LOCATION DliiEtlSCONS,:APPROXIOtE AREA. MAIN ENTRANCE. ;. AND IMI:'IEQIATE COKWO-9 AREA TO WHICHi IT HAS ACCESS, AS BUILT. 1 FURTHER q TiFY T[IA7 I HAVE COTIFORMED TO THE RULES AND r'.'' a REC ULA i70NS OF THE REGISTRA i2 OF DEEDS iIN PREPAY r. THIS PLAN. '- �� : = 1 FURTHER CIFRTiFY AT T4dE HUILDMNG DOES 40T HAVE A NAME AND P�rI I�a. THEN H OMINIUM,IS "CASH ENERGY CONDOMINIUM c , do I: � �, ! 51GNED f DATE: AMENDE CONDOMINIUM FLOOR PLANS j cCPSH ENERGY ZONDOT�INIUdkf `f UNITS 2E AND,?1 C--- ZI SUTTON ST'i2EET NORTH i41[DOYER VA, 01845 North Andover MIMAP September 1,2015 i � I tl tl+�dj�' I a i J r r f'/�(I��✓�t lr rlrl� I , i ��• w ;rr 0 MVPC Be Interstates Horizontal Datum:MA Staleplane Coordinate System,Datum NADS3, I Meters Data Sources:The data for this map was produced by Merrimack —SR WORTH Valley Planning Commission(MVPC)using data provided by(he Town of RoadsOt�T�te ,64,x, North Andover.Additional data provided by the Executive Office of hmo Easements } yt *6�0 Environmental Affairs/MassGIS.The informalion depicted on this map is for planning purposes only.It may not be adequate for legal boundary ParcelsO M definition or regulatory interpretation.THE TOWN OF NORTH ANDOVER MAKES NO WARRANTIES,EXPRESSED OR IMPLIED,CONCERNING {c * THEACCURACY,COMPLETENESS,RELIABILITY,OR SUITABILITY ✓rt } + ,� OF THESE DATA.THE TOWN OF NORTH ANDOVER DOES NOT +E°o�p< w ,,,� • ASSUME ANY LIABILITY ASSOCIATED WITH THE USE OR MISUSE OF oq^„o"''p� THIS INFORMATION sSACHuse 1"=120ft w " yP M1 R1 cY Nom- )5oao` N_73�3�.E.\;: P.1 NAIL ,+ 1 �R W<iner Red EsealeTnrsl SIONtY ond'Ao45sM \ \ \ \4l N O 1\ AREA \�i'��j\'Y. P.K.NAIL \ O1 \ \`.e\ I ti \ }) "IF Kelley fitairyTNsl \' 160,�3A,485F� tVlF \ �•\r-!, P.K.NA1L(set) aQ IRalley RedyTnnH Ita. .r""'- ` \ \J I t ,.! , T VI PE.TAil. `F\✓) 5 .A'•' H. �. lKIT TO SCALE 5 P.KNARL(seD •✓ NOTE: THE BUILDINGEWS EASEMENT.\\ OVER THE SEWER EASEMENT. DETAILNyF 1 NOT TO SCALE RoleH Q90.`tm 08 \•:. NOTE` a' ,1� THE BUILDING ENCROACHES \�L OVER THE DRAINAGE EASEMENT. m CN Dano Q pinalro o 0 DmHO L MwrNrO C ))) AHP\\ WF ':.. t t Yellow Hopedles Evelyn S,0-fo�d _—rRoy ROQp s(i ..... .... .... ..... ... ... .... ... OFFICE OFFICE UNITe2H UNlT 2G OFFICE OFFICE OFFICE OFFICE OFFICE OFFICE OFFICE UNIY2A OFFICE OFFICE r TD: UNIT AREA uNR AREA OFFICE ' UNIT AR173,101 S.F. 294' OFFICE ai: AREA UNIT'2C •962 SF_ •2,255 S.F. 1 .... ........ m. r• 60.1'......."NT AREA•LUTEA N4225F 21.8' IO• OFFICE AREA DO: k). OFFICE AF A .... . ... .... .. .... OFFICE m: OFFICE13:4'...�( COLUMN(TYPICAU OFFICE D OFFICE OFFICE AREA s O�" •13.7'. R 590`•- OFFICE CONFERENCE UNrr 28 ROaA -I u COMMON AREA �. ON �'— COMMON AREA (? STORAGE � O OFFICE as: ..... COMMON AREAOFFICE OFFICE �:LOUNGE w KITd¢N/LOUNGE $ ...18.4... �.. 1--• STORAGE t O ..222`, I OFFICE jj CONFERENCE L R�� t . OFFICE Q m._O al: O TRAINING CENTER MI R0 -- R—_—- 8,. �_. .. .... 3B 9' 4.7'1 AREA�.OFFICEOO ROO MCE I+-� I ....... ......a.59 OFFICE AREA.. . .. ......... ................................206:5 . .........m:..... 20A` I .... .. ........ OFFICE OFFICE m, OFFICE OFFICE UNITY2D (� �• UNI1'2E OFFICEOFFICE OFFICE UNRARFA•6,482 SE OFFICE 1 OFFICE OFFICE OFFICE OFFICE OFFICE OFFICE UNIT AREA I •2,212 SE I L 268.5't SECOND FLOOR •FOR REGISTRY USE ONLY• HORQONTAL BOUNDARIES NOTE I HFAlBT CERTIFY THE FOIJ.OWING THE PLANES CONSnMING THE HORIZONTAL BOUNDARIES OF CONDOMINIUM FLUOR PLANS / i•/�S3'� THE UNITS SNOWN ON THIS SHEET ARE AT THE FOLDWIND- THE UNIT AREAS FOR THE UNITS SHOWN ON THIS IT uYourFLOOR PLARmmE I ASND ACDIMCURATa DPIOF UNITS i orTIORN aCUrA�(a aEVATGNS. PLAN ARE BASED ON THE DIMENSIONS OF THE VERTICAL HEREON.AS BUILT.THE BUILDING HAS NO NAPE. CASH ENERGY CONDOMINIUM ��C�✓ BOUNDARIES AS DEFINED IN THE MASTER DEED,WHICH APPROXIMATE AREA 13 CALCULATED BY THE MEISURD.WOFTHE NORTH ANDOVER , MASS. • - �"✓ UPPER I>ougoARr• 13ao IS AS FOLLOWS FINISHED INTEROR WALLS.ALL AREAS--01.00IONS ARC•F-. Scale-I"=6' Date-October 1011966 ��SAY IRtER BOUNDARY, I tT.7 AREA TOLERANCE.LS SA•/-. (i)BETWEEN UNITS:THE PLANE FORMED BY THE z7 TNIS PIAN CONFORMS TO THE RULE.AND REOULAT OF THEPREPARED FOR'CASH—,im. /�*�••�^i CENTER LINE OF THE WALL BETWEEN UNITS. RI]RSTISRS OF Denis OF xrssAalusET7s. � PREPARED BY, (ii)EXTERIOR BOUNDARIES:THE PLANE FORMED BY /„�/ y4s ,y �wday DVerfEXTERORRIWIINDOWS ARE LOCAA'TED WALL�N WHICH THE nEDlsrenm oR Errotnvn CDnpUl�pit}5 inc. 21Mctnum.M— DO a Its 24 32 Ftam,N.BANETT , 30F3 1:a CASH ENERGY CONDOMINIUM Certificate of Unit owners organization MGL 163A Section 6 (D) We, the undersigned, hereby certify as follows' j 1. We are the duly elected officers of the Cash Energy Condominium Unit owners Association. i 2. That with the respect to the sale of the units described on Exhibit "A, in the Cash Energy Condominium to Louis P. Minicucci, Jr., there are no common expenses or charges as of jr the date of this certificate. 1 Witness our hands this 5th day of 19 6. . . f T4"-.' ann ng e Mark 0. Henry � Lou 8 P. Min cucci, Jr. THE COMMONWEALTH Or MASSACHUSETTS ESSEX, as. ORcewGCy 5 , 1986 Then personally appeared the above named Mark O. Henry, John V. Manning, and Louis P. Minicucci, Jr., officers of the Cash Energy Condominium Unit Owners Association as aforesaid and made oath before : me that the facts confirmed in the foregoing certificate azttee, of i their own knowledge and that the execution thereof was their., ree aci,, and deed. NOTARY PUBLIC My Commission Expirest (200,5)#41 t 1 t BK2371 ; _._ EXHIBIT A I J9.__. e` F, The Condominium unit known as Unit lA bonsisting of 3,334 square t feet. at 231 Sutton Stteet,;,_,NarEh Andover, Massachusetts of a . Condominium known as tW*'C`dih #nscgy Condominium pursuant to a Master Dead dated October 29, 1986, recorded with the Essex North District Registry-of Deeds, herewith, in accordance with and subject to the provisions of Chapter 193A of the General Lae■ of the Contaonaealth of Massachusettsr together with .Elements)undivided describadinterest innthe common said Master areas and facilities (The Common i bead. The Unit is shown an the floor plans recorded simultaneously with the Master bred or amendments thereto in said Registry of Dead*, a portion of which plan in affixed hereto 'together with the verified statement of a registered engineer in the Loero required by Section 9 of Chapter 183A. The Condominium is comprised of the land with buildings, I improvementse and structures thereon, 'shown on a plan efititied "Condominium Site Plan, Cash Energy Condominium# North Andover, Massachusetts, scale: 1" a AD#, Dated August 29, 1986, Andover Consultants, Inc. William S. MseLea+9, R.L,B.r 213 broadway, Methuen, Massachusetts" recorded with said Master Do ad, 'ta which reference is i made for a full description. subject to and with the benefit-of various one agats of record as set forth in the Master Deed of the Cash Energy Condoriniur.. Being the ssaa pledges conveyed to the sortyagor by dead of Cash Snarly. u Incorporated, to be recorded herewith. Recorded bee.%1986 at 4:28PK iW+�9al • f i I ...,, .9.. .�.,w; .:., ,... .. .... ...... .. ... v.:acs..,,.s.:Zrv;uxs:° -3.:.^,:iJn+.n,.asc�es.L..r:xsr:.wi:v:�:•w�xnk:,ts;;vz,;:.«. � '' s 114 9 I T Y^9 � ■ +•• The Commonwealth of Alasscachusetts Department ofXndustrialAccidents X Congress Street, Suite 100 N. M - Boston,MA.02114-2017 www.mass.gov1d1a W03 kers'Compensation Insurance Affidavit:Builders/Contractors/ETectricians/Flumber s. TO BE FILED WITH THE PERMTTTING AUTHORITY- A licant Information 'b i f /+ Please Print Le l Dame (13usmess/oraanization/lndividual)' t& J11 L,( U ��l ti°�� / 1� C- Address: �!I I(L) t — <i S, k l d3 City/State/Zip: r1 d Me Phone A.reyou an employer?Checktlie appropriate box: Type of project(required): 1. I am a employer with_��employees(full and/or part-time).* 7, Q New construction 2, 1 am a sole proprietor or partnership and have no employees working for me in 8. Remodeling any capacity.[Noworkers'comp.insurance required] 9, ❑Demolition 3_Q lam a homeowner doing all work myself[No workers'comp.insurance required.]t 10 F1 Building addition 4.Q lam a homeowner and will be hiring contractors to conduct all work on my property. 1 will ensure that all contractors either have workers'compensation insurance or are sole 11.[]Electrical repairs or additions proprietors with no employees. 12.Q Plumbing repairs or additions 5.Q I am a general contractor and I have hired the sub-contractors listed on the attached sheet. 13.Q Roof repairs These sub-contractors have employees and have workerscomp.insurance. • 14.[�(Other 6.Q We are a corporation and its ofcers have exercised their right of exemption per MGI a (` 152,§1(4),and we have no employees.[No workers'comp.insurance required.] ,- *Any applicant that checks box#1 must also fill out the section below showing their workers'compensation policy information. Homeowners who subn iti this affidavit indicating they are doing all work andthen hire outside contractors must s4bmit 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 workeis'comp.policy number.' I am an employer that ispi'oviding workers'compensation insurancefor my employees.'-below is the policy and job site information. Insurance Company Name: C ✓ifs � �{' f�l/x 'L� �f] ,r� — Policy#or Self-ins,Lie,.#: IU 9 /60�17 ( 7 4'7 1 Expiration Date: Job Site Address: 1 -sJq–o-p % City/State/Zip: "_tP_ Jl Attach a copy of the workers'compepsation•policy declaration page(showing the policy number and expiration elate). 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 DTA for insurance coverage verification. X do hereby certi oder the air andperaalties ofperjury Haat the information provided above is Prue and correct. Si nature: Date: Phone#: d – a` 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 Clerk 4.Electrical Inspector 5.Plumbing Inspector 6.Other Contact Person: Phone#: _ REPUB-1 OP ID:WM DATE(MM/DD/YYYY) CER V IG ICATE,OF LABILITY INSURANCE 12/12i2014 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(ies) 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). PRODUCERCONTACT McLaughlin Insurance Agency NAME: William B.Markhard,CPCU 828 Lynn Fells Parkway PHONE Ce Ext:781-665-2775 1 G No): 781-665-0295 Melrose,MA 02176 E-MAIL Wmarkhard mclau hlininsurance.com John E.McLaughlin Jr. -ADDRESS: @ g INSURER(S)AFFORDING COVERAGE NAIC# INSURER A:Liberty Mutual INSURED Republic Building Contractors INSURER B:Granite State Insurance Co. Cheryl Ward 491 Maple St,Suite 103 INSURER C:St. Paul Fire and Marine Ins 491 Danvers,MA 01923 INSURER D: INSURER E: INSURER F COVERAGES CERTIFICATE NUMBER: 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 I ADDE UBR POLICY EFF POLICY EXP LTR TYPE OF INSURANCE POLICY NUMBER MM/DD MM/DD LIMITS A X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 CLAIMS-MADE ® OCCUR X X BKW1552520527 10/01/2014 10/01/2015 DAMAGE TO RENTED $00,000 PREMISES Ea occurrence $ MED EXP(Any one person) $ 15,000 PERSONAL BADV INJURY $ 1,000,000 GEN'LAGGREGATELIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,000 POLICY PRO- ❑ JECT LOC PRODUCTS-COMP/OP AGG $ 2,000,000 OTHER: $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT Ea accident $ 1,000,000 A ANY AUTO X X BA8513050 10/01/2014 10/01/2015 BODILY INJURY(Per person) $ ALL OWNED X SCHEDULED AUTOS AUTOS BODILY INJURY(Per accident) $ X HIRED AUTOS X NON-OWNED PROPERTY DAMAGE AUTOS Per accident $ $ X UMBRELLA LIAR X OCCUR EACH OCCURRENCE $ 10,000,000 C EXCESS LIAB CLAIMS-MADE X X ZUP-13T49767-14-NF 10/01/2014 10/01/2015 AGGREGATE $ 10,000,000 DED X RETENTION$ 10,000 $ WORKERS COMPENSATION _ AND EMPLOYERS'LIABILITY X STATUTE I I ER B ANY PROPRIETOR/PARTNER/EXECUTIVE YIN X WC003977471 10/01/2014 10/01/2015 E.L.EACHACCIDENT $ 500,000 OFFICERIMEMBER EXCLUDED? N/A (Mandatory in E.L.DISEASE-EA EMPLOYE $ 500,000 If yes,describe under nd DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ 500,000 A Leased/Rented BKW1552520527 10/01/2014 10/01/2015 Limit: 50,000 Equipment DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) Additional insured(s) are as follows if required by written contract with named insured: 200 Minuteman LLC, Owner; Minuteman Master LLC, Sole Member; Minuteman Realty Company LLC , a Delaware limited liability company, Member; JPMorgan Chase Bank, N .A, as trustee, Affiliate; 200 Minuteman Limited Partnership, Member; Niuna-200 Minuteman, Inc. , General Partner (CONT.) CERTIFICATE HOLDER CANCELLATION 200MIN1 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE ©198888-2014 ACORD CORPORATION. All rights reserved. ACORD 25(2014/01) The ACORD name and logo are registered marks of ACORD Massachusetts -Department of Public Safety Board of Building Regulations and Standards License: CS-W457 JAMES H BURNS.-` -r- 64 CLARK ROADFMR Ipswich MA 019A r !'S ` ✓- �� '�'� Expiration Commissioner 03/08/2017