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BUILDING PERMIT
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TOWN OF NORTH ANDOVER ®�
APPLICATION FOR PLAN EXAMINATION
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Permit No#: � Date Received ���gaTEo pPaR�y�
Date Issued:
IMPORTANT:RTANT: Applicant must complete all items on this page
LOCATION ` L 4M - ; r- V" " ,�6
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PROPERTY OWNER (g0d1 `i 5cA C,krl DI
Print 100 Year Structure yes -fi`6
MAP PARCEL: ZONING DISTRICT: Historic District yes no
Machine Shop Village yes `h§)
TYPE OF IMPROVEMENT PROPOSED USE
Residential Non- Residential
❑ New Building ❑ One family
❑Addition ❑Two or more family ❑ Industrial
D"Alteration No. of units: ❑ Commercial
❑ Repair, replacement ❑Assessory Bldg ❑ Others:
❑ Demolition ❑ Other
El Septic p Well D Floodplain ❑Wetlands q Watershed District
❑Water/Sewer
DESCRIPTION OF WORK TO BE PERFORMED:
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Identification- Please Ty e or Print Clearly
OWNER: Name: '. (� ` ����� r t r� c. :> Phone: T1 Tq q -
Address: c I 17-c,�, H I H -
Contractor Name: Sr-1. � ti
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Email: c om
Address: v;Eo,, 0 ,1 T
Supervisor's Construction License: -Mh `/ Exp. Date: P7,
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Home Improvement License: / .2 % Exp. Date: i 1
ARCHITECT/ENGINEER Phone:
Address: Reg. No.
FEE SCHEDULE:BULDING PERMIT:$12.00 PER$1000.00 OF THE TOTAL ESTIMATED COST BASED ON$925.00 PER S.F.
Total Project Cost: $ ( , C� ca FEE: $__ �
Check No.: Receipt No.:
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NOTE: Persons contractingwith unregistered contractors do not have a ..... .�y
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Signature of Agent/Owner Signature of contractor -
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Town of Andover
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Food/Kitchen
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THIS CERTIFIES THAT .. �,., .�..�,� ,r,¢, BUILDING INSPECTOR
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has permission to erect .......................... buildings on .. ..... ,�..�,.`.��....... .............................
Foundation
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tobe occupied as ..... . . . ...... ...................................... ....... 8....... .mal. . ®.-................. chimney
provided that the person accepting this permit shall in every respect conform to the terms of the application Final
on file in this office, and to the provisions of the Codes and By-Laws relating to the Inspection,Alteration and
Construction of Buildings in the Town of North Andover. PLUMBING INSPECTOR
VIOLATION of the Zoning or Building Regulations Voids this Permit. Rough
Final
131— PERMIT EXPIRES I 6 MOTS ELECTRICAL INSPECTOR
LESS T CT7ET S Rough
Service
. ......... ............ ................................ Final
BUILDING INSPECTOR
GAS INSPECTOR
Occupancy Permit Required to Occupy Building Rough
Islay in a Conspicuous Place on the Premises — Do Not Remove Final
No Lathing or Dry Wall To Be Done FIRE DEPARTMENT
Until Inspected and Approvedthe Building Inspector. Burner
Street No.
Smoke Det.
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ISSUE DATE MARCH 26 2015 _ - -- - - --
PROJECT NAME - - ------ - -
U(7AWN HY IMM
SHEET Till.(
DIMINICO RESIDENCE-BASEMENT RENOVATI SHI T r NUM@ER
REVISIONS ._ —._ -
_ PRatcr aooREsI, — —-
- 9a FOX HILL ROAD LAN �'�01
9
BASEMENT CONSTRUCTION P
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NORTH ANDOVER,MA 01845 '
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BUILDING & REMODELING, INC.
26 Fairfax Street
Burlington, MA 01803
Direct: 781-775-5820
E-mail: brian@bcmbuilding.com
www.bcmbuilding.com
Building License#CSFA-055372
STANDARD AGREEMENT BETWEEN OWNER AND CONTRACTOR
I. Parties
This agreement is made and entered into on the `. day of October, 2015 between Chris and
Melissa DiMinico, located at 94 Fox Hill Road, North Andover, MA. 01845 and BCM Building &
Remodeling Inc., located at 26 Fairfax Street, Burlington, MA 01803 ("Contractor").
II. The Contract Documents
The Contract Documents consist of this Agreement, Proposal of Work, Conditions of the Contract
(General,Supplementary and other Conditions), Drawings, Specifications, Addenda issued prior to
execution of this Agreement, other documents listed in this Agreement and Change Orders issued after
execution of this Agreement, all of which for the Contract, and are as fully a part of the Contract as if
attached to this Agreement or repeated herein. The Contract represents the entire and integrated
agreement between the parties hereto and supersedes prior negotiations, representations or
agreements,either written or oral. If anything in the other Contract Documents, other than a Change
Order, is inconsistent with this Agreement, this Agreement shall govern.
III. Scope of Work
Contractor shall fully execute the work described in the Contract Documents, except as specifically
indicated in the Contract Documents to be the responsibility of others which is reasonably inferable
from the drawings, as they currently exist,shall be the Contractor's responsibility.
Page 1 of 8
Owner agrees to promptly furnish Contractor with all details and decisions about unspecified
construction finishes, and to consent to or deny changes in the Scope of Work that may arise so as not
to delay the progress of the Work.
IV. Date of Commencement (and Substantial Completion)
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.
Date of commencement, shall be within 7 days of obtaining the building permit.
The Contractor shall achieve Substantial Completion of the entire work not later than 45 business days
from the start of framing, subject to adjustments of this date as provided in the Contract Documents.
"Reduction of scope previously approved, whether in Change Order or initial contract, will incur
additional costs(20%)on returned or declined scope of work.
V. Change Orders
Any Change Orders to the Contract Documents involving adjustments to the Contract Price due to extra
costs must be in writing. All Change Orders must be in writing and signed by owners, or their authorized
representatives, regardless of whether that authority is actual, apparent, or implied. The Owners agree
that Change Orders resulting in the furnishing of additional labor and/or materials will be paid for in full,
prior to the commencement of the extra work, unless otherwise agreed to by the parties in writing.
Keeping in mind that a change order may lengthen the amount of time it takes to get to substantial
completion. Any owner supplied items that need to be picked up by Contractor,will incur a$75.00 per
hour fee,with a minimum fee of$75.00.
VI. Permits, Licenses and Approvals
Page 2of8
Contractor will obtain local building and construction permits, and will obtain and pay the fees for the
governmental inspections that are necessary for the construction as outlined in the Scope of Work
provided, except as otherwise provided in this contract. The owners will secure and pay for any zoning
changes, necessary modifications of restrictive covenants,or other hazardous material
permits/removals, and/or surveys as required by the Town, etc.
VII. Insurance and Risk of Loss
Contractor agrees to maintain workers' compensation insurance and liability insurance to protect the
Owner from liability claims for damages because of bodily injury including death, and from liability for
damages to property, due to injury or damage caused in the course of Contractor's performance of the
Scope of Work. Owner agrees to maintain proper insurance coverage to protect Owner from claims
resulting from anything outside the Scope of Work. It is the responsibility of the Owner to maintain
proper insurance, in amount and type, on the property located at 94 Fox Hill Road, North Andover, MA
01845.
VIII. Access
Owner will allow free access to work areas for workers and vehicles between the hours of 7:00 am and
6:00 pm Monday through Friday unless otherwise agreed to by both parties in advance. Owner shall
also allow areas for the storage of materials and debris. Driveways and parking areas will be kept clear
for the movement of vehicles during work hours. Contractor will make reasonable efforts to protect
driveways, access doors, lawns, shrubs and other vegetation, but will not be responsible for any damage
incurred due to constant access that may occur during project duration; such as wear and tear on lawn,
etc. Free access to the building will be required for delivery of materials.
IX. Activities Related to Architecture, Design or ]Engineering
The Contractor is not the Architect, Engineer,or Designer. Contractor is not being hired or compensated
to perform any of these services,To the extent that the Contractor makes any suggestions in these
areas, Owner acknowledges and agrees that Contractor's suggestions are merely options that Owner
may want to review with the appropriate design professional for consideration. Contractor's
suggestions are not a substitute for professional engineering, architectural, or design services, and are
not to be relied on as such by Owner. Contractor is not responsible for ascertaining whether details in
Owner's plans conform to all applicable building and planning codes. Contractor is not responsible for
the cost of correcting errors and omissions by Owner's design professionals and separate contractors.
Page 3 of 8
X. Site and Concealed Conditions
Owner acknowledges that the Contract Documents are based upon Contractor's observations of
conditions and review of all drawings and the Agreement,together with the Contract Documents, is
based solely on the observations Contractor was able to make with the structure in its current condition
at the time project was bid. Conditions which could not be known by a reasonable inspection, such as,
but not inclusive of,termite damage,water damage, code violations, not level, not plumb or other
concealed conditions, may require extra labor or materials,which by this reference, are specifically
excluded from the Scope of Work. If such conditions are discovered,the Contractor will promptly notify
the Owner to make a Change Order to the Contract Documents to address the work necessary to
alleviate the condition(s). Contractor will leave site in "broom swept" condition. (Precautions will be
taken to minimize dust; however, some dust will migrate to other locations in the home. Contractor
does not guarantee 100%dust removal.)
XI. Exclusions
Unless specifically included in the Contract Documents, this Agreement does not include labor or
materials for the following work: removal and disposal of any materials containing asbestos or any
other hazardous material as defined by the EPA; custom milling of any material for use in this project;
moving Owner's property around the interior or exterior of the site; labor or materials required to repair
or replace any Owner-supplied items and/or materials; correction of existing out-of-plumb or out-of-
level conditions in existing structure or fixtures; correction of concealed substandard framing; or
removal and/or replacement of existing rot or insect infestation.
Contractor is not responsible for incomplete plan details or omissions in plan specifications.
XII. Payment
Contract Price/Sum
The Owner shall pay the Contractor the Contract Sum for the Contractor's performance of the Contract.
The Contract Sum is$36,100.00,excluding the cost of Change Orders.
Page 4 of 8
Payment Schedule
Payments for the work are as specified on the proposal dated 9-18-15: 3 equal payments of$10,830.00
and a final payment of$3,610.00.
If payments due to BCM Building and Remodeling, Inc. are not paid within 5 days in accordance with the
payment schedule in this Contract,the Contractor will suspend work until the scheduled payment is
made. If further action is needed beyond this statement, then the dispute resolution clause will be
instituted unless otherwise agreed to in writing by all parties.
Owner shall make progress payments on the Contract Price to the Contractor as provided below and
elsewhere in the Contract Documents.
$10,830.00 upon signing.
$10,830.00 upon sign off of rough inspections.
$10,830.00 upon substantial completion.
$3,610.00 upon completion of any punch list.
All payments shall be due and payable on their respective due dates, unless extended by the parties due
to a Change Order or by other provision of the Contract Documents.
XIII. Final inspections
Upon notification by the Contractor of substantial completion of the work, Owner and the Contractor
will inspect the work performed, and at that time Owner will prepare a punch list that identifies any
incomplete work or deficiencies in workmanship or materials. The Owner may retain the value of the
punch list work from the final payment until punch list items are complete. Completion of the punch list
items must be made within 12 Business days from the date of the punch list preparation, unless
otherwise noted on said punch list. When the punch list: items are completed, the Owner will pay the
Contractor the balance of the contract price within 5 business days.
XIV. Limited Warranty
Contractor guarantees the work will meet trade standards of good workmanship. Contractor will make
every effort to blend existing textures, colors, and planes, but exact duplication is not guaranteed.
Contractor warrants that materials of good quality will be selected. Contractor will maintain all
manufacturers'warranties only on material purchased by the Contractor. Owner is limited to the
Page 5 of 8
manufacturers' warranties for defects in the manufacture of the materials. All Contractors' warranties
are limited to a period of no more than one year from final inspection sign off. The Contractor's
warranties are limited to the cost of labor and materials only, and exclude ordinary wear or tear or
abuse by others.
Contractor guarantees that the Work will be constructed in a good and workmanlike manner and it will
guarantee the Work against defects in workmanship and materials for a period of one (1)year from the
date of its completion. Warranty work will be completed within 45 days from the date of receipt of
written request from the Owner.
Please note that this Limited Warranty specifically excludes consequential damages. The warranty is
extended to the Owner. Contractor hereby passes through and assigns to the Owner any and all
manufacturers' warranties on all materials and equipment supplied by Contractor in the project.
Contractor specifically does not assume responsibility for any of the following items, each of which is
specifically excluded from this Limited Warranty:
1. Defects in materials are covered by the manufacturers' warranties which are hereby assigned
directly to the Owner. Each manufacturer's warranty claim procedure must be followed where
a defect appears in any of those items.
2. Damage due to ordinary wear and tear, abusive use, misuse, or lack of proper maintenance of
the project location or its component parts or systems.
3. Defects which are not caused by the negligence of Contractor and or its subcontractors, but the
result of characteristics common to the materials used such as but not limited to;
a) warping or deflection of wood;
b) fading, chalking and checking of paint or stain due to sunlight;
c) cracks in concrete due to drying and curing of concrete plaster, brick or masonry; and
d) Drying, shrinking and cracking of caulking and weather stripping.
e) Where Contractor's work involves the matching of existing finishes or materials,Contractor
will use his best efforts to match existing finishes and materials. However, Contractor does
not guarantee an exact match due to such factors as discoloration due to the aging process,
difference in dye lots, and difficulty of exactly matching certain finishes, colors; and planes.
4. Defects in items installed by the Owner or anyone other than the Contractor or its
subcontractors at Contractor's order.
5. Work done by the Owner or anyone other than the Contractor or its subcontractors at
Contractor's order.
6. Defects in items supplied by the Owner.
7. Loss or injury due to the elements not caused by the negligence of Contractor and its
subcontractors.
8. Conditions not caused by Contractor and or its subcontractors resulting from condensation on,
or contraction of materials.
9. Paint applied over newly plastered walls unless applied by the Contractor or its subcontractors,
Page 6 of 8
10. Consequential damages.
All implied warranties including, but not limited to,warranties of merchantability and fitness for a
particular purpose, are limited to the one (1)year warranty period as set forth above.
This Limited Warranty is the only expressed warranty given. In the event that any of the provisions of
the Limited Warranty shall be held invalid,the remainder of the provisions of the Limited Warranty shall
remain in full force and effect.
XV. Dispute Resolution
The parties will cooperate with each other to resolve conflicts informally. In the event that this is not
possible,all claims and disputes arising under or relating to this Agreement are to be settled by binding
arbitration in the state where the project is located or another location mutually agreeable to the
parties. The arbitration shall be conducted on a confidential basis pursuant to the Commercial
Arbitration Rules of the American Arbitration Association. Any decision or award as a result of any such
arbitration proceeding shall be in writing and shall provide an explanation for all conclusions of law and
fact and shall include the assessment of costs, expenses, and reasonable attorneys' fees. Any such
arbitration shall be conducted by an arbitrator experienced with the Construction Industry Rules of the
American Arbitration Association and shall include a written record of the arbitration hearing. The
parties reserve the right to object to any individual who shall be employed by or affiliated with a
competing organization or entity. An award of arbitration may be confirmed in a court of competent
jurisdiction.
The Contractor and the Owner hereby mutually agree in advance that in the event the Contractor has a
dispute concerning this contract,the Contractor may submit the dispute to a private arbitration firm
which has een approved by the Secretary of the Executive Office of Consumer Affairs and Business
Regulati has
the c sumer shall be required to submit to such arbitration as provided in
Massac 6setts Gen al Laws, chapter 142A.
wn is Signatur Contractor's Signature
NOTICE: The signatures of the parties above apply only to the agreement of the parties to alternative
dispute resolution initiated by the Contractor, The Owner may initiate alternative dispute resolution
even where this section is not separately signed by the parties.
Page 7 of 8
XVI. Work Performed by Owner or Owner's Separate Subcontractors
Any labor or materials provided by the Owner or Owner's separate subcontractors while Contractor is
still working on project must be supervised by Contractor and an overhead rate of 20%will be charged
on all labor and materials provided by Owner's or Owner's separate subcontractors. Contractor has the
right to qualify and approve Owner's subcontractors and require evidence of work experience, proper
licensing, and insurance. Owner may avoid paying Contractor's profit and overhead per this section,
only by allowing its separate subcontractors access to the project before or after Contractor has
performed all of his work unless agreed to in writing by both parties prior to start of any work by
Contractor,
XVII. Signatures
We,the undersigned, have read and understood this entire Contract, including documents which may
be attached by reference. We acknowledge that these documents constitute the entire agreement
between the parties. This contract is binding once signed by Contractor and the Owner
V — '
Brian C. MacDonald, Contractor Date
BCM Building& Remodeling, Inc.
Contractor, License#55372
Home Improvement License# 129781
t
Owner Date
Owner Date
Page 8 of 8
ADO/AUERNAEE SCOPE
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The Commonwealth of Massachusetts
Department oflndustrialAccidents
a a 1 Congress Street, Suite 100
Boston,MA 02114-2017
www mass.gov/dia
Workers'Compensation Insurance Affidavit:Builders/Contractors/Electricians/Plumbers.
TO BE FILED WITH THE PERMITTING AUTHORITY.
_Applicant Information Please Print Lezibly
Nanle(Business/Organization/Individual): A—C_ b�y� 1
Address: 9,C Fat t- x r �, �. U 1516
City/State/Zip: S 5 Phone#: 7 "7 Z 3 2-3
Are you an employer?Check the appropriate box: Type of project(required):
1.�I am a employer with_:_employees(full and/or part-time). 7• F1 New construction
2.❑I am a sole proprietor or partnership and have no employees working for me in 8. F1 Remodeling
any capacity.[No workers'comp.insurance required.]
3.F]I am a homeowner doing all work myself.[No workers'comp.insurance required.]t 9• 0 Demolition
4.❑I am a homeowner and will be hiring contractors to conduct all work on my property. I will 10 Building addition
ensure that all contractors either have workers'compensation insurance or are sole 11.❑Electrical repairs or additions
proprietors with no employees. 12.[J Plumbing repairs or additions
5.❑I am a general contractor and I have hired the sub-contractors listed on the attached sheet. 13.E]Roof repairs
Thes'sub-contractors have employees and have workers'comp.insurance.#
6. a are a corporation and its officers have exercised their right of exemption per MGL c.
14.0 Other
152,§1(4),and we have no.employees.[No workers'comp.insurance required.]
*Any applicant that checks box#1 most also fill out the section below showing their workers'compensation policy information.
T Homeowners who submit this affidavit indicating they are doing all work and then hire outside contractors must submit a new affidavit indicating such.
#Contractors that check this box must attached an additional sheet showing the name of the sub-contractors and state whether or not those entities have
employees. If the sub-contractors have employees,they must provide their workers'comp.policy number.
I am an employer that is providing workers'compensation insurance for•my employees.•Below is the policy and-job site
information.
Insurance Company Name:
Policy#or Self-ins.Lie.#: Expiration Date:
Job Site Address: City/State/Zip:
Attach a copy of the workers' compensation policy declaration page(showing the policy number and expiration date).
Failure to secure coverage as required under MGL c. 152,§25A is a criminal violation punishable by a fine up to$1,500.00
and/or one-year imprisonment,as well as civil penalties in the form of a STOP WORK ORDER and a fine of up to$250.00 a
day against the violator.A copy of this statement may be forwarded to the Office of Investigations of the DIA for insurance
coverage verification.
I do hereby cer ti nder t re pains dpenal ' of perjury that the information provided above is true and correct.
Signature: %'� Date: b-
Phone#:
Official use only. Do not write in this area,to be completed by city or town official..
City or Town: Permit/License#
Issuing Authority(circle one): ;
1.Board of Health 2.Building Department 3.City/Town Clerk 4.Electrical Inspector 5.Plumbing Inspector
6.Other
Contact Person: Phone#:
Mee of Consumer Affairs&Business Regulation
ME IMPROVEMENT CONTRACTOR
egistration: 177008 Type:
xpiration: 10/21/2015 Corporation
BCM BUILDING&REMODELING INC.
BRIAN MACDONALD
26 FAIRFAX STREET g
BURLINGTON,MA 01803 Undersecretary
Massachusetts -Department of Public Safety
Board of Building Regulations and Standards
Construction Supern icor 1 & 2 Family
License: CSFA-055372 �=f,
``
BRIAN C MACD4DN /
IA '
26 Fairfax Street
Burlington MA 01803', ; I
Expiration
Commissioner 03/19/2016