HomeMy WebLinkAboutBuilding Permit # 10/29/2015 l
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TOWN OF NORTH ANDOVER ° t �
APPLICATION FOR PLAN EXAMINATION
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Permit PdO: c Date Receivedq°4,
Date Issued:
IMPORTANT: Applicant must complete all items on this page
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TYPE OF IMPROVEMENT PROPOSED USE
Residential Non- Residential
❑ New Building ❑ One family
❑Addition Vrwo or more family ❑ Industrial
[(Alteration No. of units: f ❑ Commercial
❑ Repair, replacement ❑Assessory Bldg ❑ Others:
❑ Demolition ❑ Other
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I entification Pl se Type or Print C(early)
OWNER: Name: ` A,�AOZ> ��� �'-C t Phone:
Address: IN A t- CIC> 4"
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ARCHITECT/ENGINEER SAt-e, 01iWMECTQ!,E Phone: x'76
Address: &5' 5_ G�w-c-� �5r _ ` r7'��-{ it`d Reg. No.
FEE SCHEDULE.,BULDING PERMIT.$12.00 PER$1000.00 OF THE TOTAL ESTIMATED COST BASED ON$125.00 PER S.F.
Total Project Cost: $ %% FEE: $
Check No.: Receipt-No.: `I
NOTE: Persons contracting with unregistered contractors do not have access to the guaranty fund
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IAORTH
Town of EAndover
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h ver, Mass
O LAKE
COCKICKEWICK y1'
TE 10) �Pa�RS
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BOARD OF HEALTH
Food/Kitchen
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THIS CERTIFIES THAT .....IJER.. JIT
W ,,.,,, .. LLG BUILDING INSPECTOR
........... ......... .......... ............,Nf
... .................... Foundation
has permission to erect .......................... buildings on ........ ..... ...... . ..... .................J.
Rough
to be occupied as .......ref�p `� ..... ! . . .�w .... ....l.lR►.� .......... chimne y
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 spect o Iteration and
Construction of Buildings in the Town of North Andover. . PLUMBING INSPECTOR
VIOLATION of the Zoning or Building Regulations Voids this Permit.
�wrh,�. Rough
MONTHS
PERMIT EXPIRES I 6 MONTHS ELECTRICAL INSPECTOR
LESS CTI TS Rough
lvuo� Service
................. ............................................................. Final
BUILDING INSPECTOR
GAS INSPECTOR
Occupancy Permit Required t® Occupy Buildln Rough
Islay in a Conspicuous Place on the Premises — Do Not Remove Final
No Lathing or Dry Wall To Be Done FIRE DEPARTMENT
Until Inspected and Approved by the Building Inspector. Burner
Street No.
Smoke Det.
LANDMARK
Structures Corporation
1' SethZeren Proposal Windows
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RCG LLC
Development Manager
17Ivall6 St suite 100 mate 9
Somerville,MA 02143
Re:.West Mill,North Andover,9A.#2!505 .
DearSeth,
For the sum of $770,012 Landmark Structures Co ;gration proposes to complete thefollowing work: -
to supply.anti install windows for the West 14ill•building. -
This Prq osaljs,for work listed onlY..All otber.work is exclud@d. :: �'
:. ..
-L.abor/Material Amount. Extension
$ubcorifractors: $618,630 '
-Demo/remove existing windows $30,500
S I windows $314;430
upR Y $170;800
.. Install windows:' .. - .. ..•. .
-208'
intertpr 8c°eacterivr•top.Banelaiirication and install(
a ' $45,140
BC tall,ea erlozcaulking ."1 ', " ' a '
k £" N^ cir $34,160
t :install interior caulldng
' ;�... ,.-' 8`000 •; '
polio dei1~
$4'000.
yV:'fLS='MAterlal$:'
.i .. f;-' .• ,%•'. - •,N e,}'_�ri li •::1`G} •ti�:i S' 'VOO -}.`
Dumpstets'. (S'ziiitiipste{s�a 500"ea
Labor': _.. ' Hours.. .�.
$3 ,+•
`r' "^:• . •
a - 1000
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;: ' >�:;;_.• ::'280 .. :
:Sager �7,�..1,���• "
oor
laborerSUTOTAL
t• 5%.P $20,627
Tax on matenais ,255
LS-Fee-OH'/P=(;14%) i o $0
' - "•I:S Insurance/B"onds(0%):•' -_. _ .,... .. "t)/o� .
.. • ' TOTAL .. . �>� :.
This price for work:listed.only:All'other work is e�celdded This priced is•based upba Landmark authorization:
to proceed with the:proposed'wbrk'by 9/14/I5.•If this work-is inot.authorized.by regitired:date,•Landmark ' �) 4
, lnay require additional costs and/or time to�peri'orm this work. This proposed change.order work requires a X35 Da
contract time extension. Landmark reserves its rights to seek additional general condiions compensation for all � 'e�1�tFE
all approved change orders.If landmark is awarded Phase 2 unit conshuction then the coat for super an PM will be j'usted
If this change is acceptable to you please indicate your approval and'authorization to proceed by
signing below. We will Hien incorporate this into the next change order. "[ r""`C>
Sincerely, Accep
------------
Connor Olson
AssistantProjectManager
202 Montvale Avenue,Woburn,MA 01801 • phone:(781)376-1801 F=(781)376-1802
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Subcontract Agreement '
Project: Architect:
West Mill Saam Architecture
60 Water Street 655 Summer Street
North Andover, MA Boston, MA 02210
This Agreement, made as of this 15th day of October, 2015 , by and between:
Name: AAA Royal Construction
(hereinafter called "Subcontractor")
Address: 321 Commercial Street
Braintree, MA 02184
Telephone: 800-225-4082 Contact: Joe Boyd
Fax:
Tax I. D. Number: u
AND:
Landmark Structures Corporation(hereinafter called "Contractor.")
282 Montvale Avenue
Woburn,MA 01801
Tel: (781) 376-1801
Fax: (781) 376-1802
For the consideration hereinafter recited,Subcontractor and Contractor covenant and agree as follows:
Article One—Contract Documents: The following Exhibits are incorporated as part of this Agreement:
EXHIBIT A:Scope of Work
EXHIBIT B:Schedule of Values
EXHIBIT C:List of Plans and Specifications and other Contract Documents
(the plans and specifications themselves also are fully incorporated herein)
EXHIBIT D: Lien Waiver
EXHIBIT E: Weekly Utilization Form(if any)
Additionally,the Subcontractor agrees to be bound to the Contractor for the performance of the Work by the terms of the General
Contract,including all documents incorporated therein("the General Contract")and to the fullest extent permitted by law
Subcontractor assumes to the Contractor all of the responsibilities and obligations that the Contractor by those documents
assumes to the Owner related to Subcontractor's Work,including all general conditions and supplementary/or special conditions.
(a)The Exhibits listed above and the General Contract,together with this Subcontract Agreement and the other documents
described herein,are hereinafter referred to as the"Contract Documents." The terms"Subcontract"and"Agreement,"as
subsequently used herein shall mean the"Contract Documents"unless specified otherwise.
(b)The Contract Documents may be amended or modified only by a written Change Order.
(c)Change Orders also shall become a part of the Contract Documents and are fully incorporated herein.
(d)The Contract Documents are intended to complement one another,shall be construed to give full force and effect to all
provisions thereof,and shall be read as cumulative whenever possible. In the event of any conflict between the provisions of the
Contract Documents,the provisions providing the higher,more rigorous standards of Subcontractor's performance,shall govern.
(e)The Subcontractor shall be fumished copies of the Contract Documents upon request,but the Contractor may charge the
Subcontractor for the reasonable cost of reproduction. It shall be Subcontractor's responsibility to obtain and familiarize itself
with these documents and its failure to review the Contract Documents shall not serve as a defense to enforcement of any terms
of this agreement. Subcontractor agrees that it has been afforded every opportunity to review the Contract Documents and that it
is content with its review or the opportunity to have reviewed the Contract Documents.
(f)The Contract Documents shall not be construed to create a contractual relationship of any kind(1)between the Architect and
the Subcontractor,(2)between the Owner and the Subcontractor,or(3)between any persons or entities other than the Contractor
and Subcontractor.
Article Two—The Work:(1)Subcontractor will perform all work in accordance with the Contract Documents and all applicable
building codes,statutes,regulations and ordinances and shall be responsible for obtaining all requisite permits to perform its
work. The Subcontractor warrants and represents that it has all applicable licenses to perform the work,and that its employees
are duly trained,licensed,certified,and experts in the work they are to perform, The Subcontractor will furnish all materials,
proper supervision,tools,supplies,labor,transportation,hoisting,insurance and equipment and everything else to fully construct
and perform in a first class,professional and workmanlike manner,the following described work("the Work"or Subcontractor's
Work")upon and within the property and structures described,and as further described in Exhibit A:
Windows
(2)The Subcontractor shall supervise and direct the Work,and shall cooperate with the Contractor in scheduling and performing
the Work to avoid conflict,delay in or interference with the Contractor's work,that of other subcontractors,and the Owner's own
forces. The Subcontractor shall participate in the preparation of coordination drawings as the Contractor requires,specifically
noting and apprising the Contractor of potential conflicts between the Work of the Subcontractor and that of the Contractor,other
subcontractors,or the Owner's own forces.
(3)The Subcontractor agrees to use only competent labor to perform the Work and to protect any work already in place,or
materials or equipment on site(wherein the Work materials or equipment is its own or another's),from damage and
Subcontractor agrees to protect the work of others from damage by this Subcontractor's operation. The Subcontractor shall not
employ anyone whose employment on the project may be objected to by the Contractor,Architect,or Owner. The Subcontractor
shall furnish a work force that can work in harmony with the other workers on the project. Subcontractor hereby certifies to
Contractor that it and all of its subcontractors and suppliers,operate in full compliance with all immigration and naturalization
laws and that they also are in full compliance with all federal and state wage related laws.
(4)The Subcontractor agrees to obtain and pay for all bonds,permits,fees,and taxes(including sales tax)necessitated by
Subcontractor's operations concerning the Contract Documents,and all fines caused by its employees,subcontractors and their
lower tier subcontractors,or materialmen. Subcontractor agrees to reimburse Landmark for all fines levied upon Landmark by
OSHA that are the result of actions taken or not taken by Subcontractor or its employees or sub-subcontractors. This
responsibility includes fees for police details,street permits,sidewalk permits,fire watches,inspection fees or any other cost
initiated by a governmental or municipal agency. Subcontractor warrants and represents that all related costs are already
included in its Subcontract Price herein. Prior to performing any Work hereunder,any out-of-state Subcontractor shall provide
evidence to the Contractor of the filing of all necessary bonds with the Massachusetts Dept.of Revenue. To the fullest extent
permitted by law,the Subcontractor shall exonerate,indemnify,and hold harmless the Contractor from all loss,liability,damage,
and expense arising out of the breach of Subcontractor's obligations hereunder. Freight charges on all shipments to the project
must be prepaid by Subcontractor.
(5)Preparation and submittal of shop drawings and other submittals for the Subcontractor's work shall be started immediately
and these obligations of the Subcontractor shall be performed so as not to delay the Work required hereunder or delay the work of
others. Subcontractor will submit six copies of all submittals and shop drawings or be charged for Contractor's time to make the
necessary copies. If acceptable to Owner,Architect and Landmark,electronic submittals will be accepted.
(6)The Subcontractor shall furnish to the Contractor periodic progress reports and schedules concerning the Work as Contractor
requests,including information on the status of materials and equipment,which may be in the course of preparation,manufacture
or transit.
(7)The Subcontractor agrees that the Contractor,the Architect,and the Owner will each have the authority to reject the Work
and any portion thereof that does not conform to the Work specifications or other Contract Document requirements. The
Subcontractor agrees that all material and labor and the resulting product furnished therefrom must meet with the complete
satisfaction of the Owner,Architect and Contractor.
Rev. 03/14 2
(8)Subcontractor shall,at its own cost,promptly remove all rejected materials and take down and rebuild all portions of the
Work condemned or rejected by the Architect,Owner or Contractor,and other work damaged or destroyed thereby,upon
receiving written notice of such condemnation or rejection. Subcontractor shall take whatever action is needed to correct the
Work so as not to delay the project.Debris and empty boxes shall be broken up and deposited in the dumpsters in a compact
manner so as to fill and utilize dumpster capacity efficiently. Subcontractor shall not deposit any hazardous or regulated
materials or debris,including paints,solvents,oils,hydrocarbons,chemicals or tires,into Contractor's dumpster.
(9)The Subcontractor shall,at its own cost,haul,unload,handle,store,hoist,relocate as directed,erect,and protect the materials
and Work covered under this Subcontract until final acceptance by the Owner,and shall broom clean and remove from the site on
a daily basis all rubbish and/or debris accumulated as a result of the performance hereof,and shall provide sufficient,safe,proper
facilities at all times for the inspection of the work by the Architect,Owner or Contractor,or the authorized representative of any
one of them. If Subcontractor fails to clean up after his own Work and/or fails to deposit its debris in the dumpster within 24
hours of notice to do so,Subcontractor hereby authorizes Contractor to do this forthe subcontractor,without any further notice,
and Subcontractor hereby authorizes a payment to Contractor of$75/hour for this service. Payment shall be made by a"deduct"
change order to the subcontractor.
(10)Prior to starting any Work,Subcontractor shall take the necessary field dimensions and verify any existing conditions to
ensure the Work will properly fit with the existing conditions and the work of others. Subcontractor shall promptly notify
Contractor in writing if any of the items Subcontractor is supplying will not fit in the designated space. Subcontractor is always
responsible for taking all measurements related to its Work to ensure the proper matching and fitting of the Work of this
Subcontractor with that of others,regardless of who actually performs this task. The failure to take such steps before beginning
Work,or the failure to notify the Contractor of related problems in design,shall preclude Subcontractor from receiving any
related,subsequent Change Order.
(11)Subcontractor agrees to have a responsible person,authorized to act on behalf of the Subcontractor,attend any field
coordination meeting held by the Contractor. The failure to attend a meeting when requested to do so by the contractor will
result in a$300 backcharge against the Subcontractor as liquidated damages for the failure to attend. The parties agree that the
backcharge is not a penalty and that the damage that will be caused by such breach cannot be reasonably determined at this time
and agrees that this amount is a reasonable approximation of damages Landmark would incur as the result of Subcontractor
failing to attend a field coordination meeting.
(12)Unless another work schedule is required by the Project Owner,Contractor's work schedule is typically Monday through
Friday from 7:00 a.m.to 3:30 p.m. Subcontractor will provide adequate manpower to be able to perform its work on schedule
within these hours. Subcontractor shall be responsible for confirming in writing the Contractor's Schedule and Subcontractor
hereby waives and releases all claims now existing or hereinafter arising for additional sums due based on any change in the
schedule from what is anticipated as set forth herein.
Article Three-Time:(1)The Subcontractor will begin said work within three(3)days after being notified in writing or verbally
by the Contractor that the applicable structure or work area(s)are sufficiently advanced or in such condition to allow the
beginning or continuation of the Subcontractor's Work.
(2)Subcontractor is aware that Contractor must have its contract work with the Owner performed in accordance with a schedule
("Contractor's Schedule"). The Subcontractor agrees to perform its work in accordance with direction from Contractor's
Superintendent and to meet Contractor's Schedule,as it may be amended and adjusted from time to time by the Contractor,and
to that end the Subcontractor will perform all work as required by the progress of the job and the instructions of the Contractor.
(3)The Subcontractor acknowledges that time is of the essence,and guarantees that it can supply sufficient labor,materials,and
equipment to maintain and complete its work in accordance with the progress of the work the Contractor requires.
(4)The Subcontractor agrees that it has taken all steps necessary to ascertain the amount of labor,tools and supervision necessary
to complete the work as the Contractor's Schedule requires and that its Subcontract price includes all such costs.
(5)Should the Subcontractor fail to keep up with the progress the Contractor's Schedule requires,the Subcontractor shall provide
overtime work at the Contractor's sole discretion,without any additional compensation and without recourse against the
Contractor. Subcontractor also shall reimburse Contractor for Contractor's supervision costs associated with Subcontractor's
overtime..
(6)Should the Subcontractor fail to provide sufficient manpower and materials as required,or at any time engage in a strike or
other work stoppage,or cease to work due to picketing or other such activity,Contractor may,at its option,without prejudice to
any other remedies it may have,after forty eight(48)hours written notice to the Subcontractor,provide any such labor and
materials and deduct the cost thereof from any monies then due or thereafter to become due the Subcontractor. In the event of an
emergency,or should the Contractor in its sole discretion believe it to be necessary to immediately take action to avoid damages,
including contractual related damages,Contractor may take the preceding steps without written notice to Subcontractor and
without providing any 48 hours opportunity to cure. These rights do not affect or otherwise limit Contractor's termination rights
as set forth in this Contract.
Rev. 03/14 3
(7)The Subcontractor shall indemnify the Contractor for all legal fees,costs,damages(including without limitation,liquidated
damages),awards and judgments the Contractor incurs or is ordered to pay,and for all settlements Contractor pays,as the result
of,or arising from,or caused by the Subcontractor's failure to maintain the Contractor's and/or Owner's,schedule.
Article Four—Changes and Claims Process: (1)The Owner and Contractor may make changes in the Work. Upon receipt of
such a change issued subsequent to the execution of the Contract,the Contractor shall notify the Subcontractor. Unless otherwise
directed by the Contractor,the Subcontractor shall not thereafter order materials or perform Work which would be inconsistent
with the changes ordered.
(2)No extra work or change order claims by the Subcontractor will be recognized,paid for,or enforceable unless agreed to in
writing before the extra or changed Work is started. Any additional or changed Work provided by the Subcontractor before
receiving a written authorization will be at the Subcontractor's own risk and expense,and Subcontractor will not be compensated
for same.
(3)Deletions of Work,if any,will require an equitable credit from the Subcontractor,as determined by the Architect.
(4)All Subcontractor claims,including without limitation,those seeking changes in Contract Sum or Time,must be made within
seven(7)calendar days after Subcontractor knew or should have known of the occurrence,or of the condition giving rise to such
claim,unless the General Contract requires a shorter time,in which case the General Contract requirement shall govern. Claims
must be made by written notice to the Contractor setting forth the change sought and an itemization of the additional payment
and/or time requested,including a complete breakdown of all changes in material,labor,equipment,overhead and profit and
other costs. This pricing must be submitted promptly to avoid delaying the project.
(5)Changes in the Work resulting in change orders shall entitle the Subcontractor to a total fee and overhead(office,general
conditions and profit)mark-up of 10%as part of the change order or the mark-up for fee and overhead allowed in the General
Contract,whichever is less.
(6)In the event of an agreement on changes to the Contract Sum and Time,the Contractor and Subcontractor shall execute a
Change Order in a form the Contractor will provide. In the event the parties do not so agree on the changed Contract Time,but
do agree on changes to the Contract Sum,they shall execute a Change Order with the Subcontractor stating on that document its
position concerning Contract Time. The failure to do so shall constitute an irrevocable,conclusive waiver of the claims for
additional Time. In the event the parties agree on neither a change to the Contract Sum nor the Contract Time,the Subcontractor
shall maintain time and material slips that it will provide to Contractor for daily verification of their accuracy. The failure to do
so shall constitute a waiver of the disputed claim. Contractor's verification of the slips shall not constitute an acceptance of the
claim.
(7)Contractor's liability for payment of any change order work is subject to the same pay if paid limitation set forth in the
`Payments'Article of this Subcontract. If c. 149,§29E applies to this Project,then Contractor shall have thirty(30)days to
approve or reject any change order request but the change order may thereafter be rejected in writing at any time before payment
is due. Subcontractor's requests for extensions of Time are directly contingent upon Owner's approval and the Owner granting
such additional Time to Contractor.
(8)Pending final resolution of a claim,the Subcontractor shall proceed diligently with performance of the Subcontract Work
including all changes the Owner and/or Contractor order even if Subcontractor disputes that order. In the event the claim is not
resolved to Subcontractor's satisfaction,it must still timely and properly complete all Work,including any Work related to the
claims at issue.
(9)The failure to comply with all of the requirements of this Article shall result in the Subcontractor's irrevocable,conclusive
waiver of that claim. These requirements cannot and shall never be deemed altered,amended,or otherwise affected by custom
and practice on the Project. Absent the Contractor's express written modification,this Article's requirement shall in all instances
remain enforceable even if,for instance,Contractor previously accepts and pays other untimely Subcontractor claims during the
course of the Project. Contractor shall always maintain discretion to enforce the terms of this Article. Subcontractor agrees to
review and explain this Article,including its irrevocable and non-waivable nature with all of its employees responsible for
submitting claims and agrees that no reliance on contrary Project practices shall be reasonable.
Article Five—Indemnification: To the fullest extent permitted by law,the Subcontractor shall fully and completely indemnify,
hold harmless,and defend with counsel reasonably acceptable to them,the Owner,Architect and Contractor,their agents,
servants and employees,from and against all claims,damages,losses and expenses,including but not limited to attorney's fees,
arising out of,caused by,or resulting from the performance of the Work associated with this Contract or other conduct of
Subcontractor,provided that any such claim,damage,loss or expense(1)is attributable to bodily injury,sickness,disease or
death,or to injury to or destruction of tangible property including the loss of use resulting therefrom,and(2)is caused in whole
or in part by any act or omission of the Subcontractor,or any of its subcontractors,suppliers,officers,agents,employees,
servants,or any other persons directly or indirectly employed by the Subcontractor or anyone for whose acts any of them may be
liable,regardless of whether it is caused in part by a party indemnified hereunder. Such obligation shall not be construed to
Rev. 03/14 4
negate,abridge,or otherwise reduce any other right or obligation which would otherwise exist as to any party or person described
in this paragraph.The indemnification obligation shall not be limited by the amount or type of insurance provided.
Article Six—Insurance: The Subcontractor shall,before commencement of work,obtain and pay for the following forms of
insurance and Subcontractor hereby agrees that the terms of any other agreement between the parties will not extinguish or
supersede the requirements set forth herein:
(1)Subcontractor shall maintain workers'compensation,general liability,automobile,and umbrella insurance for the minimum
amount required by the General Contract or as outlined below,whichever limits and coverages are higher.Insurance certificates
must be provided prior to Subcontractor being on site.Attached to each insurance certificate shall be a copy of the Additional
Insured Endorsement that is part of the Subcontractor's Commercial General Liability Policy.These certificates and insurance
policies shall contain a provision that coverage that is afforded under the policies will not be cancelled or allowed to expire until
30 days'prior written notice has been given to Contractor. The Contractor and anyone the Contractor is itself required to add as
additional insureds pursuant to the General Contract,shall be named as additional insureds on a primary and non-contributory
basis on all liability and excess policies.Coverage for Contractor shall include Completed Operations coverage.
(2)Minimum required insurance limits(coverage on an occurrence basis):
A. Commercial General Liability(CGL)with limits of liability not less than$1,000,000 each occurrence and
$2,000,000 annual aggregate.
a. If the CGL coverage contains a General Aggregate Limit,such General Aggregate Limit shall
apply separately to each project.
b. CGL coverage shall be written on ISO Occurrence form CG 00 01 (10 93)or a substitute form
providing equivalent coverage and shall cover liability arising from premises,operations,
independent contractors,products completed operations,and personal and advertising injury.
c. Contractor,Owner,and other parties required of the Contractor shall be included as insureds
on the CGL using ISO Additional Insured Endorsement CG 20 10(11 85)or CG 20 10(10 93)
AND CG 20 37(10 01)or CG 20 33(10 01)AND CG 20 37(10 01)or an endorsement
providing equivalent coverage to the Additional Insured's.The insurance for the Additional
Insured's shall be as broad as the insurance provided for the named insured Subcontractor.It
shall apply as primary and non-contributing insurance before any other insurance or self-
insurance,including any deductible,maintained by,or provided to the Additional Insured.
d. Subcontractor shall maintain CGL for itself and for all Additional Insured's for the duration of
the project and the project's warranty period and shall also maintain the Completed Operations
coverage for itself and each Additional Insured for at least six(6)years after Substantial
completion of the project.
e. The Subcontractor's general liability insurance must include coverage for lead paint claims on
any project where lead paint exists on the project and coverage for any pollution or hazardous
material claims.
B.Automobile Liability
a. Business Auto Liability with limits of at least$1,000,000.
b. Business Auto coverage must provide coverage for liability arising out of all owned,leased,
hired,and non-owned vehicles.
c. Contractor,Owner,and all other parties required by the General Contract shall be named as
Additional Insured's on the Auto Liability Policy.
C.Commercial Umbrella
a. Umbrella Limits must be$2,000,000 or greater.
b. Umbrella coverage must include as Additional Insured's all of the parties required to be
insured by the CGL policy.
D.Workers Compensation and Employers Liability
a. Employer's Liability Insurance limits of at least$500,000/person each accident for bodily
injury by accident and$500,000 each employee for injury by disease.
b. Where applicable,U.S.Longshoreman and Harborworkers Compensation Act Endorsement
shall be attached to the policy.
c. Where applicable,the Maritime Coverage Endorsement shall be attached to the policy.
d. Workers Compensation must include coverage for all of subcontractor's employees including
its owner or owners or partners.
(3)Upon signing of this Subcontract,the Subcontractor shall submit original(not copies or faxes)Certificates of Insurance to
evidence all of the above coverage. The Contractor shall be entitled to rely upon the receipt of the Certificate of Insurance as
evidence that the Subcontractor is properly insured and has complied with all of the obligations herein and the insurance must
provide for notice to Contractor thirty(30)days in advance of cancellation. Failure to comply with the provisions of this Article
shall entitle the Contractor to immediately terminate without any opportunity for Subcontractor to cure and/or Contractor may
withhold payment at its sole discretion. The Contractor shall never be deemed to have waived these rights regardless of project
practices and Subcontractor shall make all of its employees aware of this paragraph,including the non-waivable nature of these
Contractor rights,regardless of any practice that develops on the Project.
Rev. 03/14 5
(4)To the fullest extent permitted by law,Subcontractor waives and releases all rights against Contractor,Owner,and Architect
and their agents,officers,directors,and employees,for recovery of damages to the extent these damages are covered by any
property insurance,commercial general liability,commercial umbrella,auto liability,workers'compensation or employer's
liability insurance.The Subcontractor's insurance,including all of its property policies,shall be endorsed with a waiver of
subrogation clause waiving claims against the Contractor and Owner and neither the Subcontractor nor its insurer shall have any
claims against the Contractor or Owner to the extent the claim is or should have been covered by insurance and all such claims
are hereby forever waived and released by and on behalf of Subcontractor and its insurers.
Article Seven—Bonds:If requested by the Contractor,the Subcontractor agrees that he will within ten(10)days from the date of
this Subcontract provide the Contractor with a payment and performance bond in the sum of the full amount of this contract,
conditioned for the faithful performance of this Subcontract in all its particulars,duly executed by a surety company acceptable to
the Contractor,and in the form and manner acceptable to the Contractor. If the Subcontractor fails to do so,the Contractor may
immediately terminate this Agreement without further obligation or any liability.
Article Eight—Assignment:Neither this Subcontract nor any rights hereunder,shall be assigned by the Subcontractor to others
without prior written consent of the Contractor. Any attempt to assign this Subcontract or any rights hereunder shall,at the
option of the Contractor in its sole discretion,operate as immediate cause for termination of this Subcontract by Contractor,and
Subcontractor's rights hereunder and the rights of parties shall be determined in the same manner as though the Subcontractor had
at the time of such attempted assignment failed and refused to continue to perform the Subcontract Work. Any such assignment
to which the Contractor may consent shall not relieve the Subcontractor of any of its obligations hereunder,and the Subcontractor
shall remain liable to the Contractor therefore. In the event Contractor permits subcontracting of certain work,Subcontractor
must also require each approved sub-subcontractor,by subcontract with that entity,to assume all of Subcontractor's obligations
set forth herein,including without limitation,adding Contractor,Architect and Owner as additional insureds on all insurance
policies. Contractor's approval of sub-subcontractor shall not create any contractual or other duty from Contractor to such sub-
subcontractor.
Article Nine—Payment:The Contractor agrees to pay the Subcontractor the total sum of six hundred thirty two
thousand ninety two Dollars ($632,092.00) ("Subcontractor Price")for the matters herein described as follows:
(1)To the fullest extent permitted by law,all payments to the Subcontractor are directly contingent upon the receipt by the
Contractor of payment from the Owner,and such receipt shall operate as an absolute condition precedent to payment being due to
the Subcontractor. Where operation of law precludes or limits the operation of this"pay if paid"language,then Contractor,in
addition to any other contract or other legal rights,may still withhold payment if:
a)Non-payment is due to Owner's insolvency;or
b)Owner is withholding payment to Contractor based on allegedly deficient or incomplete work of Subcontractor or
otherwise due to Subcontractor's conduct;
(2)Requisitions must be received by the 14'h calendar day after first delivery of materials to the site and every 141h calendar day
following through completion of the work. Billings received after the 23rd of the month may be processed the following month.
Requisitions shall be presented on a notarized AIA Document No.G702. Requisitions must be submitted in accordance with the
trade payment breakdown that is attached hereto and made a part of this Subcontract. In the event G.L.c.149,§29E applies to the
Subcontract,Contractor shall have 22 days to review the payment requisition. This deadline shall be inoperable if G.L.c. 149,
§29E does not apply.
(3)Upon receipt of the initial payment and every subsequent payment under this Subcontract,Subcontractor shall complete and
return to the Contractor an executed Lien Waiver in the format per attached Exhibit D or such other format as may be required by
the Owner or Owner's Lender.
(4)No payment made on account of the Subcontractor's Work is to be construed as an acceptance or approval of such work nor
shall entrance or use or occupancy by the Owner constitute acceptance of all or any part of the work hereunder.
(5)Payment to the Subcontractor shall be made within seven(7)days after payment is received by the Contractor from the
Owner. In the event the"pay if paid"limitations of No. I of this Article are void by statute,then payment shall be due to
Subcontractor within forty-five(45)days of Contractor's approval of the Subcontractor's requisition,or any portions thereof.
Should Subcontractor request a payment be made earlier than outlined above and should Contractor agree to make such earlier
payment,then the Subcontractor agrees to take a 2%discount on the amount of that payment. This discounted amount will result
in an equal reduction in the total Subcontract Price via change order.
(6)If Subcontractor is bonded,it is the Subcontractor's responsibility to obtain surety approval of any Schedule of Values and all
requisitions prior to submitting that information to the Contractor and the Subcontractor must keep those documents on file for
surety and Contractor review. Both Subcontractor and surety agree to be bound by the Owner's and/or Architect/Engineer's
decisions on the payment amount due Subcontractor.
Rev. 03/14 6
(7)Application for payment for all Work completed through that date must be received in the Contractor's offices by the date the
Contractor is required or has agreed to submit its payment application to the Owner or Architect. Contractor shall make progress
and final payments within seven(7)calendar days of receipt of payment from the Owner.
(8)The Subcontractor shall submit to the Contractor a Schedule of Values allocated to the various parts of the Work of this
Subcontract,in such detail and supported by such evidence as the Contractor and Subcontractor may agree upon or as the Owner
requires. Once accepted,this shall be Exhibit B as referenced on page 1,Article One.
(9)The sum payable to the Subcontractor shall be made according to the following schedule: Contractor shall pay the
subcontract sum in progress payments based on the percentage of completed work. The labor portion of the work will be paid on
a bi-weekly basis,minus a ten percent(10%)retainage. The material portion of the work,including taxes,will be paid per the
supplier's standard terms with the contractor. Payments for the material portion of the work will be made by dual party check.
The percentage of work completed shall be governed by the Owner(including its designated representative)or Architect,
whichever is reviewing the work for purposes of issuing payment as set forth in the General Contract.
(10)The payment due Subcontractor also shall be subject to and decreased by any of Contractor'damages,claims,setoffs and
backcharges,whether due to work on this project or any other project this subcontractor has with Contractor.
(11)The Subcontractor agrees that it will receive any funds paid or advanced as a trust fund,to be applied first to the payment of
the amount owing to any person who has performed and/or furnished work and/or materials for the Subcontractor,before using
any amount for any other purpose. By applying for payment,the Subcontractor shall warrant as a corporation and shall be
deemed to have warranted on behalf of its officers individually and personnally and by anyone else signing the Subcontractor's
payment request,that it has obtained all release of lien forms required and that it has fully paid all subcontractors,suppliers,and
materialmen all amounts due to date for their work and materials.The Subcontractor shall obtain release of lien forms from all of
its subcontractors,suppliers and materialmen before being entitled to receive funds for the work completed. Those forms shall be
immediately provided to the Contractor upon the Contractor's request. Before final payment,the Subcontractor shall also furnish
the Contractor receipts,invoices and/or affidavits stating that all labor and bills of any nature for this project have been paid in
full,that no materials have been purchased under conditional sales contracts,and that no liens for labor,material,equipment
rental,or anything else have been claimed or filed.
(12)If any of Subcontractor's subcontractors,their sub-subcontractors,their suppliers or materialmen,record a notice of contract
or otherwise encumber the Project property,the Subcontractor shall immediately record a lien bond pursuant to G.L.c.254,§14
at its own cost. It shall not be a defense to this requirement that Subcontractor claims non-payment by the Contractor or Owner.
Subcontractor shall indemnify,defend and hold Contractor harmless from all claims and damages as a result of any such liens
being recorded.
(13) Any final payment due,including release of retainage,shall not become due until the work is fully completed and accepted
by the Owner and Architect,and only after payment is made to the Contractor for that work. Where operation of law precludes
or limits the operation of this"pay if paid"language,then Contractor,in addition to any other contract or other legal rights,may
still withhold payment if:
a)Non-payment is due to Owner's insolvency;or
b)Owner is withholding payment to Contractor based on allegedly deficient or incomplete work of Subcontractor or
otherwise due to Subcontractor's conduct;
(14)Where a bond is provided,a signed consent of surety shall be required before final payment. Should Contractor release
payment to Subcontractor without the surety's consent,however,it shall not be liable to surety. It shall be Subcontractor's sole
duty to review this provision with the surety before signing the Contract and the Subcontractor shall be liable to indemnify,
defend,and hold Contractor harmless from any and all claims surety makes against Contractor arising out of payments
Contractor makes to Subcontractor.
Article Ten—Subcontractor Employment and Payroll Records:(1)The Subcontractor shall fully comply with G.L.c. 149,
§148B,by properly classifying employees and subcontractors and satisfying all statutes related thereto. The Subcontractor shall,
to the fullest extent permitted by law,indemnify,defend,and hold Contractor harmless from all claims and for all damages,fines,
or other liability the Contractor incurs,arising out of the Subcontractor's failure or alleged failure to comply with G.L.c. 149,
§148B. The Subcontractor also agrees,to the fullest extent permitted by law,to indemnify,defend,and hold Contractor harmless
from all claims of Subcontractor's employees against Contractor concerning employment related issues including,without
limitation,claims related to wage and hour laws,c. 15113,and any other claim concerning,arising out of,or related to the
Subcontractor's employment of any claimant.
(2)The Subcontractor shall abide by all relevant local,state,and federal laws and regulations concerning the Work including but
not limited to,those laws and regulations relating to unemployment compensation,taxes,and worker's compensation and shall
maintain:
Rev. 03/14 7
a. I-9 forms demonstrating that employees are eligible to work lawfully in the United States;and
b. proof of Worker's Compensation insurance coverage for all individuals working on the job site for
the duration of Subcontractor's work on the Project.
(3)The Subcontractor shall comply with all local,state,and federal laws concerning payment and shall:
a. maintain a weekly record of the hours worked per day by their employees who work on the Project;
b. make payments to unemployment insurance based upon the earnings of all employees as legally
required;
C. pay Project employees by check;
d. deduct from employee paychecks those withholdings required by state and federal law;and
e. pay overtime at time and one-half their regular wage rate or double time if required by
Subcontractor's agreement,prevailing wage laws or Subcontractor's agreement with labor unions,
to employees who are not exempt from the overtime requirements of the wage and hour laws for all
hours worked over 40 hours in a work week.
(4)The Subcontractor shall provide verification of compliance with the foregoing obligations by submitting to Contractor and/or
the Owner,when requested to do so,certified payroll records providing the name,address dates and hours worked by all trades
people performing any jobsite work for the Subcontractor on the Project as well as proof of the Subcontractor's compliance with
all requirements set out above. The Contractor shall have the right upon oral or written request,to review all of Subcontractor's
payroll records,other records regarding time worked,tax records,and insurance information and subcontracts,to assure
compliance with applicable statutes.
(5)The Subcontractor shall require all of its subcontractors to comply with these terms and shall be liable for any such
subcontractor's failure to do so.
(6)Failure to immediately provide proof of compliance with these requirements upon the Contractor's request or to otherwise
comply with any of these provisions shall constitute an event of default subjecting Subcontractor to immediate termination
without further notice or opportunity to cure. Subcontractor also shall be subject to any and all other rights and remedies
available to the Contractor pursuant to this Subcontract in the event of default.
Article Eleven—Notice: Written notice shall be deemed duly served if delivered in person to the addressee or if sent by
Registered or Certified mail or by fax to the entity whose address is on this Agreement. Any party shall have the right to change
its address by giving written notice to the other party of its new address. Notice shall be effective when received by the other
party except that notice sent by Registered Mail or Certified Mail shall be effective at the end of the third day of business after
the date postmarked on the envelope containing such notice,if not sooner received by the addressee.
Article Twelve-Dispute: (1)Contractor may at its discretion require mediation of any dispute arising between it and Subcontractor,the
costs of which will be shared equally by the parties. Further,any controversy or claim arising out of or related to the Subcontract,may at
the Contractor's sole election be required to be submitted to arbitration. If the Contractor elects arbitration, it may file or require
Subcontractor to file that matter with either JAMS,AAA,or other alternative dispute resolution entity. Judgment upon the award rendered
by the arbitrator(s)shall be final and may be entered in any court having jurisdiction thereof. This Article shall be specifically enforceable
by any court of competent jurisdiction.
(2) In the event the Contractor is engaged in arbitration with the Owner, or in the event the General Contract calls for all claims and
disputes between the Contractor and the Owner or any portion of such disputes be resolved in arbitration,the Contractor may,in its sole
election,determine that any of the Subcontractor's claims shall be joined in such arbitration proceedings with the Owner. In the event of
any Owner—Contractor dispute,Contractor also may join Subcontractor as a defendant/respondent. In such events,Contractor shall notify
Subcontractor of its election and of the schedule for arbitration proceedings, and the Subcontractor shall become a party to arbitration
proceedings and shall participate in such proceedings for the purpose of presenting the Subcontractor's claims and/or defending any claims
asserted by the Owner or Contractor which relate to the Subcontractor's work.
(3)The Contract Documents shall be construed in accordance with the laws of the Commonwealth of Massachusetts,excluding any choice
of law doctrine that would result in application of foreign law. Massachusetts substantive law shall be applied to interpret the Contract
Documents in all instances. All civil actions which arise between the parties concerning the project that is the subject of the Contract
Documents shall be filed in Middlesex County Superior Court or Woburn District Court,unless Contractor elects arbitration,in which case
any such action shall be stayed until arbitration is completed.
Rev. 03/14 8
Article Thirteen-Safety:(1)The Subcontractor's employees must wear hard hats while on the Contractor's job sites.
Subcontractor agrees to provide hard hats,proper extension cords,personal protective equipment,proper ladders and other
OSHA required items to their employees.Subcontractor also shall train,or provide safety training for,all of its workers present
on the project site.
(2)If Subcontractor's employees are not wearing hard hats or if any other safety violations are observed by Contractor's
Superintendent,the Contractor may backcharge the Subcontractor$100/per incident. The parties agree that the backcharge is not
a penalty,that damage will be caused by such breach,that the amount of such damages cannot be reasonably determined at this
time,and that this amount is a reasonable approximation of damages Landmark would incur as the result of Subcontractor failing
to comply with safety obligations. This provision shall be void and unenforceable in the event the Contractor incurs a fine or
other damages as a result of Subcontractor's breach. In such instance,Subcontractor shall be liable to indemnify Contractor as
provided for in this Article.
(3)Subcontractor's personnel will participate in Contractor's weekly safety meetings.
(4)Subcontractor agrees to comply with all federal,state and local safety rules and regulations. Subcontractor will provide
required mechanical safeguards and personal protective equipment and ensure that its employees comply with established safety
regulations and practices.
(5)The Subcontractor shall be responsible to the Contractor for compliance with all safety rules and regulations of the Project and all state
and federal safety rules and regulations including without limitation,all OSHA rules and regulations.
(6) Subcontractor acknowledges and represents that it has made an on-site inspection of the Project site including the work area so as to be
familiar with all observable conditions which may affect the safety and health of its employees as well as those of its Subcontractors.
Contractor reserves the right to inspect the safe work performance of Subcontractors to ascertain its compliance with these and other
applicable safety provisions.Notwithstanding the foregoing,the Subcontractor,as an independent contractor,is solely responsible for
controlling the manner and means by which it performs the Work.Unless otherwise agreed to by the parties in writing,Subcontractor shall
provide all safety equipment,materials,tools and personal protection equipment necessary to perform the work in a safe and workmanlike
manner.
(7)The Subcontractor warrants that it is a duly licensed Subcontractor with all applicable authorities and that its workers are properly
trained in all applicable safety requirements for this job. The Subcontractor shall perform at its expense,all of its work in accordance with
the Subcontract,applicable laws,ordinances,codes,rules and regulations,including without limitation,the EPA's Lead-Based Paint
Renovation,Repair and Painting("RRP")Program and any such state programs. Subcontractor recognizes and agrees that Contractor is
relying upon this representation and that Contractor would not contract with Subcontractor in the absence of this representation. The
Subcontractor shall secure and pay for all permits and governmental fees,licenses and inspections necessary for proper execution and
completion of the Work,as well as for all labor,materials,equipment,and machinery,transportation,and all other goods,facilities and
services necessary for the proper execution and completion of the Work.
(8)The Subcontractor shall to the fullest extent permitted by law,indemnify,defend and hold the Contractor harmless from any and all
attorney's fees,costs,expenses or other damages incurred by the Contractor,including fines,penalties and the cost of corrective measures,
that arise out of,are caused by,or relate to acts or omissions by the Subcontractor,its agents,employees and assigns,in failing to comply
with any safety nines,regulations,or other requirements of this Article. This indemnification obligation is in addition to and not in place of
any other of the Subcontractor's indemnification obligations.
(9) Subcontractor shall immediately report to Contractor all accidents,occupational injuries,and illness involving its employees
or those of its Subcontractors,relating to the Work,or which cause any injury to a third party or which cause damage to the
property of Owner,Contractor or third party.
Article Fourteen—Termination:(1)Should the Contractor conclude the Subcontractor is delaying or improperly performing
the Work or otherwise defaulting on its obligation pursuant to the Contract Documents,the Contractor shall notify the
Subcontractor,who shall within two(2)days thereafter:furnish whatever materials are required;employ additional labor;or do
such other things necessary or required by the Contractor or the Contract Documents to correct the default. Should the
Subcontractor fail or refuse to comply with said notice,the Contractor shall have the right to terminate this Subcontract and shall
be entitled to take possession of Subcontractor's materials,tools and equipment on site to complete the Work and to furnish
materials and labor as it sees fit to complete the Work,and to charge the expense thereof and its cost of administration against the
Subcontractor and to deduct the same from any balance,if any,otherwise due. The Contractor shall further be entitled in the
event of default,and without terminating the Subcontract,to supplement the forces of the Subcontractor and to do anything else
needed to properly and timely complete the Work,and to then deduct the cost thereof together with the Contractor's costs of
administering the same,from the Subcontract Price and to set off any payments otherwise due to Subcontractor. Should the
balance due Subcontractor be insufficient to satisfy Contractor's costs,claims and damages,Subcontractor is liable to Contractor
for that amount and the Contractor also shall be entitled to recover its legal fees and expenses from the Subcontractor.
Rev. 03/14 9
The Subcontractor's obligations under this paragraph and the Contractor's right to recover monies hereunder shall survive
termination of this Subcontract. If Subcontractor is terminated for cause,in no event shall any further payment be due to
Subcontractor and Subcontractor shall be liable for all damages it has caused by its default.In the event the Contractor terminates
the Subcontractor pursuant to this paragraph,and the Contractor is later determined or adjudged to have wrongfully terminated
the Agreement,the parties agree that such termination shall be deemed a termination for convenience and the Subcontractor shall
be entitled to compensation,if any,pursuant to the terms of termination for convenience provisions of this Agreement in the next
paragraph.
(2)The Contractor shall have the right to terminate this Subcontract at any time for the Contractor's convenience and without
cause,upon giving the Subcontractor three(3)days written notice. In the event of termination in accordance with this paragraph,
the Contractor shall pay the Subcontractor all amounts to which the Subcontractor is entitled for the Work it completed through
the last day of its Work on site(at most,three days after receiving the notice of termination).
(3)The Contractor may,without cause,order the Subcontractor in writing to suspend,delay or interrupt the Work in whole or in
part for such period of time as the Contractor may determine. In the event of such a suspension,the Subcontractor shall be
entitled to an equitable adjustment of the Subcontract Time and Subcontract Sum subject and limited to all of the Change
Order/Claims processes and limitations as set forth in Article Four,except that no adjustment shall be made to the extent that:
a) performance is,was or would have been so suspended,delayed or
interrupted by another cause for which the Subcontractor is responsible;
b) an adjustment is made or denied under another provision of
this Subcontract.
Article Fifteen—Miscellaneous:(1)Each signatory is fully authorized to enter into this Subcontract on behalf of his/her
respective party and has full authority to bind that party to the terms of this Subcontract.
(2)Each party has had the opportunity to have this Subcontract reviewed by counsel of its choice. Further,the parties have
negotiated this Subcontract and agree that to the extent there is any ambiguity in the Subcontract,that ambiguity shall not be
construed against either party as the drafter of this Subcontract.
(3)This document and any incorporated documents,exhibits,addenda,specifications,and/or drawings,form the full and
complete Subcontract between the parties and replace and supersede all prior discussions,proposals,and negotiations between
the parties. Further,the parties agree and expressly represent that they are relying on no representations to enter into this
Subcontract other than the terms set forth herein. This Subcontract shall not be amended except by written agreement signed by
both parties.
(4)The invalidity of one or more phrases,sentences,clauses,or articles,shall not affect the remaining portions of the Subcontract
and if any part of the Subcontract should be declared invalid by final order,decree or judgment of a court of competent
jurisdiction,this Subcontract shall be construed as if such invalid phrases,sentences,clauses,or articles had not been inserted.
(5)The Contractor and Subcontractor waive claims against each other for consequential damages arising out of or relating to this
Subcontract but only to the extent Owner has also waived such damages as to the Contractor. This mutual waiver includes
damages incurred 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. Nothing contained herein
shall be deemed to preclude an award of liquidated damages.
(6)Within ten days of starting work,Subcontractor shall submit to Contractor a complete list of all sub-subcontractors and/or
suppliers they expect to engage on this project or to supply material to this project.
This Subcontract has been executed as of the date and year first written above.
CONTRACTOR: SUBCONTRACTOR:
LANDMARK STRUCTURES CORPORATION
BY: Signed r`
William J.Glasser as its President ,{
Print NBe;:
Title:
Rev. 03/14 10
West Mill
North Andover, MA
EXHIBIT A
WINDOW FABRICATION AND INSTALLATION
1) Subcontractor will perform all Window Fabrication and Installation work described in the
contract documents.
2) Subcontractor shall provide field measurements, shop drawings, submittals,mock up and
samples as required for the architect's approval and proper execution of the work.
3) The subcontractor shall work with Landmark Structures,the architect and the architect's
consultants to develop window fabrication and installation details that are agreed between all
parties to be appropriate for this project,and will meet the NPS's requirements for historic
approval.
4) The scope of work includes furnishing and installing the windows,flashings, arch pans,
sealants, staging,lifts and other equipment to complete the scope of work,including but not
limited to the following:
- Provide Universal Windows, double hung 3-1/4"frame depth,H-HC-45 window units
Color Black enamel finish as required for NPS historic approval. Exposed portions of
existing frame scheduled to remain to be field painted by Others. 5/8"insulated glass(2
liter of 1/8" glass)with Low E on P surface. Exterior grids,7/8"trapezoid GBC
countered euro grids,2w2h pattern as required to meet NPS approval. Block and tackle
balances for top and bottom sashes. Interior half-screen with fiberglass mesh, interior
1"x2"snap trim and screen track on jambs.
- Exterior 2-1/2"flat panning on all four sides with field applied 0.040 eyebrow.
- Exterior and interior sealants required to provide proper moisture and thermal seals of
new windows. Color to match window frames,material per architect's requirements ,
joints less than 1"wide. Lifts or staging for caulking to be provided by the
subcontractor.
- Receiving and storage of windows onsite.
- Distribution and hoisting of windows to proper locations.
- Removal of existing trim for reuse and glass for disposal from existing aluminum
frame to remain. Break glass prior to disposing into dumpster provided by Others.
- Install 3M window flashing on sill and 6"up each jamb.
- Install new window to existing frame,securely fastened,plumb and level.
Check for proper installation,noting to super existing site conditions and other issues
that cannot be readily corrected.
- Installation of snap trim
- Installation of screens.
- Protect existing skylight from damage during the course of this work.
- Provide harnesses for all workers when working at window openings. All workers to
have OSHA 10 cards. Subcontractor to confirm that work will be completed in an
OSHA compliant manner before proceeding.
Exhibit A
Windows
Page 2
5) The subcontractor shall field measure all elements of the building required to perform his work.
6) This subcontractor shall provide any information regarding the energy efficiency of the
windows he installs as needed by the building owner to receive the qualified rebates and energy
credits if available.
7) All work shall be installed neatly and custom fit and scribed as required to produce a quality
finished final product.
8) Landmark's project work days are Monday thru Friday. In the event a subcontractor must
work Saturdays to maintain schedule, subcontractor agrees to reimburse Landmark Structures
$350 per Saturday for Landmark's superintendent to be on site. Work to commence with
Phase 1,the 4-story section at the end of the building. When installation has been completed
in Phase 1,floors 2, 3 &4,then work will continue with Phase 2 &3 locations working top
down.
9) As indicated elsewhere in the contract,subcontractor is responsible daily for cleaning and
disposing of all debris created by his work. The existing glass will be relocated to a central
location for temporary storage. The subcontractor will break the stockpiled glass once a
week at a minimum,and then transport the debris into the dumpster supplied by the General
Contractor. In the event subcontractor fails to clean his debris,sub-contractor hereby
authorizes Landmark to clean his debris for him and authorizes Landmark to back-charge
subcontract$75 per hour for this service plus and trucking and disposal costs.
10) Subcontractor shall provide all staging,lifts and safety protection required to perform his
work.
11) Subcontractor will coordinate his work with others to allow all trades to install their work
properly in the correct location,in the space allotted, and in proper sequence.
12) Subcontractor acknowledges that completing this project on schedule is of paramount
importance to Landmark Structures. Subcontractors will provide adequate competent
manpower to stay on schedule. If subcontractor,in the opinion of Landmark, causes delays
to the project, subcontractor agrees to be held financially responsible for these delays.
13) The subcontractor shall remove and dispose of all existing window and other debris generated
by the performance of his work. Subcontractor shall coordinate storage of old windows and
related debris on site pending removal with Landmark Structures field Superintendent.
14) Framing or wall irregularities that may affect quality of work should be brought to the
attention of Landmark's superintendent prior to installation of windows.
15) Sales tax is included in this contract.
16)Whereas the windows will be installed in occupied apartments the subcontractor shall be
responsible for protecting adjacent surfaces and cleaning up dust and debris, etc. created by
his work.
b
Exhibit A
Windows
Page 3
17) Subcontractor shall coordinate the delivery and storage of his windows with Landmark
Structures field Superintendent.
18) Due to other trade activities and winter conditions the installation of new windows may be
delayed or suspended for periods of time. Subcontractor shall provide windows and
installation labor as needed to accommodate the project schedule as dictated by other
construction operations and weather.
West Mill
North Andover, MA
Windows
Exhibit B
Window Demolition $30,500
Window Materials $334,082
Window Installation $267,510
Window Total $632,092
Note: A detailed Schedule of Values will be submitted by the subcontractor
for approval prior to the submittal of the first requisition
Payment for window materials supplied by Universal to be paid by joint check to
AAA Royal per Landmark Structure Corp's standard payment terms with Universal Windows
Labor Invoices submitted bi-weekly. Payments released bi-weekly as long as installation
remains on agreed upon schedule.
Page 1 of 1
Exhibit C
Building 7A Apts., West Mill
Contract Documents
Drawings
Page Number Title Date
A000_RES Cover Sheet 02/05/15
A001 RES Schedules, Details, Notes 02/05/15
A200 RES Second Floor Plan 02/10/15
A300—RES Third Floor Plan 02/10/15
A400—RES Fourth Floor Plan 02/10/15
A601 RES Door, Frame Types, Hardware Sets 02/05/15
A602—RES Enlarged Plans&Details 02/05/15
A603—RES Millwork Details 02/05/15
A604—RES Enlarged Stair Plans and Details 02/05/15
P-1 1st Floor Plumbing Plan 02/12/15
P-2 2nd Floor Plumbing Plan 02/12/15
P-3 3rd Floor Plumbing Plan 02/12/15
P-4 4th Floor Plumbing Plan 02/12/15
P-5 1st Floor Plumbing Plan 02/12/15
H1.0 HVAC Legend 02/24/15
H2.0 HVAC Second Floor Plan 02/24/15
H2.1 HVAC Third Floor Plan 02/24/15
H3.0 HVAC Fourth Floor Plan 02/24/15
H3.1 HVAC Controls 02/24/15
H4.0 HVAC Schedules 02/24/15
H5.0 HVAC Specifications 02/24/15
E1 Power and Lighting 2nd Floor 02/27/15
E2 Power and Lighting 3rd Floor 02/27/15
E3 Power and Lighting 4th Floor 02/27/15
FA1 Fire Alarm and Emergency Services 2nd Floor 02/27/15
FA2 Fire Alarm and Emergency Services 3rd Floor 02/27/15
FA3 Fire Alarm and Emergency Services 4th Floor 02/27/15
Specifications Pages
• Cover Sheet 1
• Floors 1
• Kitchens 4
• Appliances and Laundry 3
• Lighting 4
• Bathroom 5
• Closets/HVAC 1
• Common Areas 1
Other Documents
AIA-A101 2007 Agreement between Owner and Contractor dated March 26, 2015
AIA-A201 2007 General Conditions of the Contract for Construction
Addendum to the Construction Contract between RCG West Mill NA LLC and
Landmark Structures Corp.
Landmark's Bid Qualifications dated March 23, 2015
1 of 1
EXHIBIT D
Commonwealth of Massachusetts Project#
County of Middlesex
Waiver of Lien
Materials and Labor
Whereas the undersigned is or was subconi}xdated to or employed by
Landmark Structures Corporation to perform work on the project knowna located at
now therefore for and in consider4ton of the sum of the
receipt of which is hereby acknowledged,the undersigned does hereb} irry ocablx waive and release any
lien or claim or right to lien,for the labor,materials or both,furnished through rt, against the
above-described premises and against any funds remaining rnthe hands of thegyner,contractor or lender
for the purposes of paying for construction on said premises under and by virtue of he statue,oft e
Commonwealth of Massachusetts relating to mechanics liens. ''
The undersigned warrants that all costs for labor,materials,equtpmei t'6d subcontract work have been
paid covering the work completed through i �arTd also*warrants.1 the undersigned is
authorized to execute this lien waiver on beh4lf of thbsubcontracling entity 3mMu
,y
Indemnification: The Undersigned here byFagrees'to`person g, indemnify,defend and hold harmless
Contractor and Owner,and their respective sucessors.and assigns,from and against any and all damages,
costs,judgments,liabilities,demands,suits aril experts s(includtng.�reasonable attorney's fees)directly or
indirectly relating to any cause`oet}an,claim`or�ien filed by any�person or entity with respect to(i)any
work performed in the constructton ofthe,Project;4ii)any rg is waived or released herein,and(iii)any
YV_misrepresentation or breach of any'certtficatton, i '
misrepresentation made by the Undersigned in this
document. Upon the request of Contraptor,the Tjnde signed will undertake to defend such causes of
actions,claims or henits sole cost anc expense.
Hong."
Company Name:
Signed By:
- Title:
_ Date:
NOTORIAL
On this day of ,2014,before me,the undersigned notary public,
personally appeared and proved tome through
(name of person)
satisfactory evidence of identification which was one of the following:
(drivers license)(personally known)(other ),to be the person whose name is signed on the above
document in my presence.
My Commission Expires:
Notary Public
i a
AAA Royal Colmuffldoll
WindowsCommercial I Residential I Remodels I siding I
Joseph Boy!
President
H.I.C.163466 Licensed&Insured
joe.boyd@aaaroyaIconstruction.com Toll-Free:1-800-225-4082
www.aaaroyalconstruction.com Fax:781-356-0605
