HomeMy WebLinkAboutBuilding Permit #96 - Exception 8/7/2007%4ORT11
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TYPE OF IMPROVEMENT
PROPOSED USE
Residential
Non- Residential
New Building
0 One family
[I Addition
[I Two or more family
El Industrial
aeXiteration
No. of units:
H Commercial
[I Repair, replacement
—
[I Assessory Bldg
[I Others:
[I Demolition
0 Other
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DESCRIPTION OF VVUMM i u tsr- rmrrumm
M & � - I- A, a &*A D L ,, & u Axr, Aj -&
�rw
Plans Submitted 11 Plans Waived [I Certified P16t Plan, El Stamped Plans F1
TYPE OF SEWERAGE DISPOSAL
Public Sewer
Tanning/Massage/Body Art
Swinuning Pools
Well
Tobacco Sales
Food Packaging/Sales L-1
Private (septic tank, etc.
Pernianent Dunipster on Site
OfXIC5"USEON6Y,
INTERDEPARTMENTAL SIGN OFF - U FORM
DATE REJECTED DATE APPROVED
PLANNING &-DEVELOPMENT F1
COMMENTS
DATE REJECTED DATEAPPROVED
CONSERVATION F1
;4�. 6
COMMENTS
� "N S ", - �- t f*-,, t' I " CTql�_,. � - I TE,A
DA PPROVED
HEALTH.,
QQMMENT'i
A
3-7 ',
Zd-rling Board of Appeals: Variance, Petition No: Zoning Decision/receipt submitted yes
Rfaamtna�Boafd is ic Crr'j , ** I - - I �'
Comment A /7
Conservatio'n'Tecisibli:'. �t.A
COMM TS 4
!]EN
Dimension
Number of Stories: Total square feet of floor area, based on Exterior dimensions.
Total land area, sq. ft.:
ELECTRICAL: Movement of Meter location, mast or service drop requires approval of
Electrical Inspector Yes No
DANGER ZONE LITERATURE: Yes No
MGL Chapter 166 Section 21A—F and G min.sloo-woo fine
Doc.Building Pen -nit Revised 2007
Building Departmeint '
The following is a list of the required forms to be filled out for the appropriate permit to be obtained.
Roofing, Siding, Interior Rehabilitation Permits
Li Building Permit Application
o Workers Comp Affidavit
u Photo Copy Of H.I.C. And/Or C.S.L. Licenses
u Copy of Contract -
u Floor Plan Or Proposed Interior Work
a Engineering Affidavits for Engineered products
NOTE: All dumpster permits require sign off from Fire Department prior to issuance of Bldg Permit
Addition Or Decks
• Building Permit Application
• Certified Surveyed Plot Plan
• Workers Comp Affidavit
• Photo Copy of H.I.C. And C.S.L. Licenses
• Copy Of Contract
• Floor/Crossection/Elevation Plan Of Proposed Work With Sprinkler Plan And
Hydraulic Calculations (If Applicable)
• Mass check Energy Compliance Report (if Applicable)
• Engineering Affidavits for Engineered products
NOTE: All dumpster permits require sign off from Fire Department prior to issuance of Bldg Permit
New Construction (Single and Two Family)
u Building Permit Application
Li Certified Proposed Plot Plan
u Photo of H.I.C. And C.S.L. Licenses
L, Workers Comp Affidavit
• Two Sets of Building Plans (One To Be Returned) to Include Sprinkler Plan And
Hydraulic Calculations (If Applicable)
• Copy of Contract
• Mass check Energy Compliance Report
• Engineering Affidavits for Engineered products
NOTE: All dumpster permits require sign off from Fire Department prior to issuance of Bldg Permit
In all cases if a variance or special permit was required the Town Clerks office must stamp the decision from the Board of Appeals
that the appeal period is over. The applicant must then get this recorded at the Registry of Deeds. One copy and proof of recording
must be submitted with the building application
Doc: INSPECTIONAL SERVICES DEPARTMENT:BPFORM07
Revised 2.2007
"I -
Location
No. Date
I j01tTPq TOWN OF NORTH ANDOVER
Certificate of Occupancy $
CHU Building/Frame Permit Fee $
Foundation Permit Fee $
Other Permit Fee $
TOTAL $
Check# 0300,0
20467
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BUILDERS
Standard Form of Agreement between Owner and
RCG Builders LLC where the basis of payment is
the Cost of the Work Plus a Fee without a
Guaranteed Maximum Price
Date:
fly, `20-
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Owner:
ov" F'�
d; WWI
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IV is 44, K!
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Contractor:
4 -All LO"
CG�
A 00,
Architect:
7; 1wee,
Project Name:
�o Weak' -4,
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A RA
The Owner and Contractor agree to the terms stated by this contract. This contract
supersedes any prior agreements, representations, or negotiations, oral or written. No
liquidated damages shall apply to this agreement. This contract consists of the following
documents:
1. Obligations of the Parties
2. Contract Sum
3. Project Schedule
4. Signatures
Exhibits
Exhibit A: Estimated Cost of Work
Exhibit 13: Project Schedule
Exhibit C: Drawings
Page I of 7
BUILDERS
1. Obligations of the Parties
Obligations of the Contractor:
The Contractor accepts the relationship of trust and confidence established by this Agreement and
covenants with the Owner to cooperate with the Architect and exercise the Contractor's skill and
judgment in furthering the interests of the Owner; to furnish efficient business administration and
supervision; to furnish at all times an adequate supply of workers and materials; and to perform
the Work in an expeditious and economical manner consistent with the Owner's interests and in
compliance with all applicable governmental codes and regulations.
The Contractor shall keep full and detailed accounts and exercise such controls as may be
necessary for proper financial management under this Contract.
The Contractor shall keep full and detailed records of all books, records, permits, licenses,
correspondence, receipts, instructions, data, and drawings associated with the Project including all
Subcontractor contracts, invoices, vouchers, insurances, lien waivers, and other correspondence.
The Owner and Owner's Accountants shall have access to review, audit, and copy all Contractor
documentation. The Contractor shall retain these documents for a period of three years after final
payment.
The Contractor shall maintain insurance at the following levels with the Owner listed as a co-
insured:
Type of Insurance Limit of Liability
A, I -
Upon request, and at the cost of the Owner, the Contractor shall obtain a performance bond up to
the total Cost of Work. Such costs shall be added to the Construction Volume.
The Contractor understands that the Project will be financed by a construction lender and, then, by
a permanent lender. The Owner may assign any of its rights under this Contract to the construction
lender and the Contractor hereby consents to any such transfer provided no such assignment shall
relieve the Owner of any of its obligations under this Contract, unless agreed to in writing by the
Contractor. The Contractor shall execute any certificates, lien waivers, releases, receipts, and other
documents as may be reasonably required by the construction lender or permanent lender including
a subordination of its mechanic's lien rights to the construction lender's and permanent lender's
mortgage or deed of trust. The construction lender for the Project will be:
Obligations of the Owner:
The Owner agrees to furnish or approve, in a timely manner, information required by the
Contractor and to make payments to the Contractor in accordance with the requirements of this
Agreement.
Dispute Resolution:
Claims, disputes or other matters in question between the parties to this Agreement shall be
resolved by mediation or by arbitration. Prior to arbitration, the parties shall endeavor to reach
settlement by mediation.
Page 2 of 7
BUILDERS
2. Contract Sum
Cost of Work:
The Contractor shall provide a detailed estimated Cost of Work to the Owner (see Exhibit A). The
sum of these costs, including the fee is as shown below:
Change Orders:
The Contractor does not guarantee the Contract Sum in any form. In the event of changes to the
Contract Sum, the Contractor will present written changes to the owner for costs that exceed the
Contract Sum in the form of a Change Order. The Contractor will review all Subcontractor Change
Orders before submittal to the Owner and Architect and make a recommendation for payment or
non-payment. The Contractor's Fee will be calculated including any approved Change Orders.
The Owner, Architect and Contractor will negotiate disputed Change Orders in good faith.
Contractor's Fee:
15% of total construction volume up to $1 million, and 10% of construction volume over $1
million. This includes pre -construction and project management services, and field personnel and
associated management overhead. The fee is based on actual costs incurred, with final true up,
and is booked monthly in arrears. Specifically,
1 . The cost of pre -construction and construction management services provided by RCG
personnel is booked monthly in arrears based on the hours reported by each employee.
2. Hours are billed at the standard hourly billing rate established from time -to -time for each
employee. The hourly billing rates effective 1/1/2007 are shown below.
3. The cost of pre -construction and construction management services provided by
independent contractors is booked when invoiced and carried within the fee.
4. RCG Builders personnel functioning as tradesmen outside their management duties will
be charged according to their hourly billing rate.
5. If a project is terminated or suspended by the Owner prior to completion, RCG Builders
LLC is compensated for the actual cost of services provided prior to receipt of notice of
termination or suspension from the Owner.
6. Total Construction Volume includes all construction trades, general requirements,
insurance, bonds and miscellaneous costs deemed necessary to perform the
construction of the project, but excludes permits and fees. Permits and Fees shall be
paid directly by the Owner.
7. Construction management labor, standard tools and equipment, and labor -related
overhead are covered "within the fee". Specialty tools or equipment, trade labor supplied
by Builders personnel and approved transportation and meals costs shall be charged
directly to the Owner without a fee.
Employee
Rate
David Steinbergh
$125/hr
Skip Rose
$125/hr
Mike Bernier
$125/hr
Kieran Whelan
$125/hr
Ken Shea
$100/hr
Jason Downing
$50/hr
Page 3 of 7
BUILDERS
Subcontractors:
The Contractor plans to hire Subcontractors to perform the majority of construction associated with
this project. The Contractor shall provide the Owner and Architect information on all of the bids
received by Subcontractors and the names of the Subcontractors selected. Owner shall have the
right to reject a proposed Subcontractor; however, in the event that this leads to a higher Cost of
Work, the Owner shall pay for the difference. The Contractor reserves the right to reject any
Subcontractor, even if it is the lowest bid, and to dismiss Subcontractors from the job that have
been previously approved by the Owner.
Payments:
The Owner shall make progress payments on the Contract Sum according to the Requisition
process described below.
The Contractor shall, at the conclusion of each calendar month on the project, present to the
Owner an application for payment (Requisition) for costs incurred during that month. The
Requisition shall include all invoices, vouchers, partial releases of liens, expense reports, and any
other evidence to support the validity of the Requisition amount. The Contractor may requisition
for completed, but unpaid work based on an expectation of payment upon receipt of funds. The
Owner, the Architect, or their representatives shall be afforded five (5) business days to review
such application and question the Contractor about its contents. In the event there are no
disputes, the Owner shall pay the Contractor within 10 business days of receipt of the Requisition.
Payment by the Owner does not represent that the Owner or Architect have made a detailed
examination of the documentation, inspection of the work, or verification of the accounting.
At the completion of the project, the Owner shall make a final payment to the Contractor based on
a final Cost of Work with a truing up of fees. If further corrections to work are required that are not
covered under warranties with Subcontractors, or that are not the outcome of negligence or poor
workmanship by the Contractor, the Owner shall pay the Contractor for any work associated with
performing the corrections based on the hourly rate agreed to in this contract.
Retainage:
The Owner shall not hold back any fees to the Contractor to ensure completion of the work. The
Contractor will be expected to hold back fees from Subcontractors to ensure their performance
based on the terms below:
60 60
Termination of Contract:
The Owner shall reserve the right to terminate or suspend the Contract at its sole discretion.
Within 15 days of termination or suspension, the Contractor shall present an accounting of all its
costs incurred for reimbursement by the Owner. If the Owner elects to proceed with the project
without the Contractor, the Owner shall have the right to assume the Subcontracts and
agreements related to the Project.
Working Capital:
RCG Builders shall not bear the costs of Working Capital for the project. If the Owner would like
the Contractor to gain beneficial pricing on its behalf by paying subcontractors ahead of the
Requisition schedule, the Owner shall either (1) put on deposit with the Contractor a sufficient
amount of Working Capital for the Contractor to pay these Subcontractors, or (2) make immediate
payment upon request from the Contractor outside of the normal Requisition process. Provision of
Working Capital shall entitle the provider to all discounts and savings associated with that capital.
Page 4 of 7
BUILDERS
3. Project Schedule
Date of Commencement:
The Contract Time shall be measured from the date of commencement. 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.
Contract Time:
The Contractor shall provide to the Owner a Project Schedule (see Exhibit B). This Schedule is
based on assumptions reached prior to the signing of this contract, which assumptions the
Contractor shall attempt to clarify in the Schedule. However, the Schedule always assumes the
Owner and the Architect respond promptly to requests for information and do not request any
significant changes to the construction program. In the event that the Owner or Architect find any
discrepancies with the Schedule or its Assumptions, they will promptly notify the Contractor, who
shall make adjustments to the Schedule as necessary.
According to the attached Schedule, the Contractor shall achieve Substantial Completion of the
entire Work as follows:
lia
I'M 00t4iffi* 11-§ io be OW n,' We� 100.7."-.i*'L".-,'V7;�� 'e
The Contractor does not guarantee the date of completion. However, the Contractor shall not be
entitled to additional fees based on delays in the project unless those delays can be shown to
incur extra costs for the Contractor and were caused by the actions or requests of the Owner or
Architect.
The Contractor shall present an updated Project Schedule to the Owner and Architect on a weekly
basis for their review.
Page 5 of 7
M
BUILDERS
4. Signatures
The Owner's representative is:
an
R CIA'Atit 44110"W
� � " e k,� ,
ft Lf,
§ 14.4 The Contractor's representative is:
This agreement is entered into as of the day and year first written above and is executed in at
least thre original copies, one for the Owner, one for the Contractor, and one for the Architect.
Owner CqWractor e3
--12� ga� 14 Ltbc� S. e-, VP
Signatu& SignAture I
14tozd 5z4e E NW I -j Y. .5 RE V
Printed Name and Printed Name and Title
Page 6 of 7
Exhibits
BUILDERS
Exhibit A: Estimated Cost of Work
Exhibit B: Drawing
Page 7 of 7
AFFIDAVIT FOR
ARCHITECT AND ENGINEER
THE COMMONWEALTH OF MASSACHUSETTS
COMMONWEALTH OF MASSACHUSETTS
SS:
COUNTY OF ESSEX
On this I 8th day of July, A.D. 2007, before me,
0,cjrNrN cL., _1;)0Nov cLi-s. Linda S. Smiley, who, being duly
sworn, deposes and says that she will review the preparation of
drawings for Lobby Renovations in Building One, Floor 1 at East Mills
in North Andover, Massachusetts; and that she will review and/or
provide for the proper checking of all the working drawings and shop
drawings for construction; and all modifications to the existing
structures will be designed for construction in accordance with
applicable provisions of Chapter I , Section 116, Massachusetts State
Building Code, and that such plans conform to all the applicable
provisions of the Massachusetts State Building Code, and that all the
materials used in the construction will be selected by specification by
her or her registered professional Designee in accordance with the
Controlled Materials Procedure therein defined.
FAR M." W., W5 " ru 4 -
Subscribed and sworn to before me this I May of
I Ve L" A. D.J-00'7
\j I
Notary Public I
My commission expires on to—/ IV—bll
AFFIDAVIT FOR
ARCHITECT AND ENGINEER
THE COMMONWEALTH OF MASSACHUSETTS
COMMONWEALTH OF MASSACHUSETTS
SS:
COUNTY OF ESSEX
On this I 6th day of July, A.D. 2007, before me,
—3A&jVA 0,QjV0jj8W - Linda S. Smiley, who, being duly
sworn, deposes and says that she will review the preparation of
drawings for Lobby and Toilet Room Renovations in Building 44,
Floors 1, 2, & 3; and Lobby Renovations in Building 1, Floor 1, at East
Mills in North Andover, Massachusetts; and that she will review and/or
provide for the proper checking of all the working drawings and shop
drawings for construction; and all -modifications to the existing
structures will be designed for construction in accordance with
applicable provisions of Chapter I , Section 116, Massachusetts State
Building Code, and that such plans conform to all the applicable
provisions of the Massachusetts State Building Code, and that all the
materials used in the construction will be selected by specification by
her or her registered professional Designee in accordance with the
Controlled Materials Procedure therein defined.
a A,
Subscribed and sworn to before me this tc2 aay of
A.D. 4,0,ag
Notary Public
My commission expires on
42 /40 /" / /
BOARD OF BUILDING REGULATIONS
License: CONSTRUCTION SUPERVISOR
Number: CS 066334
Birthdate: 09126/1956
Expires: 09/26/2007 Tr. no: 6463.0
Restricted: 00
KIERAN T WHELAN
31 RICHMOND ST
WEYMOUTH, MA 02188
0
Commissioner
The Commonwealth of Massachusetts
Department of Industrial Accidents
Office of Investigations
Boston, Mass. 02111
Workers' Compensation Insurance Affidavit
Please Print
Name:
Location:
City Phone
F� am a homeowner performing all work myself.
1-1 1 am a sole proprietor and have no one working in any capacity
E?�l am an employer providing workers' compensation for my employees working on this job.
Comi)any name: f� " f) 0 1 1,P k Le,
Address I ') a -� f
City: -S a er, JAV 14" , in A, Phone#: L19 --
Insurance CoASSWCAMU fMgL4YJQ :fA&. 6D. Policy # 41 C, C- , TOMInLIL0 14 0 0
Company name:
Address
City: Phone #:
Insurance Co. Policy #
Failure to secure coverage as required under Section 25A or MGL 152 can lead to the imposition of criminal penalties of a fine up to $1,500.00
and/or one years' imprisonment as well as civil penalties in the form of a STOP WORK ORDER and a fine of ($100.00) a day against me. I
understand that a copy of this statement may be forwarded to the Office of Investigations of the DIA for coverage verification.
do herby certify un
(L"he pains and penalties of
S
Print
that the information provided above is true and correct.
Sa- \1P
Official use only do not write in this area to be completed by city or town official'
[]Check if immediate response is required Building Dept
Contact person:
FORM WORKMAN'S COMPENSATION
#
Building Dept
Licensing Board
E] Selectman's Office
Ej Health Department
11 Other
I I Varney Street
Suite 2
Boston MA 02130-4109
Tel 617-971-0700
Fax 617-524-7171
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Testing Y®R
I Fire Pump Compan
July 17,2007
Town of North Andover Inspectional Services Department
Town of North Andover Fire Department, Fire Prevention Division
Re: East Mill - I High Street, Building Two, Third Floor Renovations
Construction Control Affidavit - FP Services
I certify, pursuant to 780 CMR § 116.0, that to the best of my knowledge, information and belief, the plans and
computations accompanying the attached application concerning the structure at I High Stree are in accordance
with the requirements of the Massachusetts State Building Code and all other laws, rules and regulations, and
Ordinances of the Town of North Andover, the Commonwealth of Massachusetts, and where applicable, the
United States.
I will visit the above referenced project during the construction period, and will provide construction controlled
related services in conformance with the Massachusetts State Building Code, Controlled Construction Section,
780 CMR § 116.0. 1 will review the progress of construction to confirm that the building is constructed in
substantial conformance with the construction documents for the project. Upon the completion of construction,
I will submit a report as to the satisfactory completion and readiness of the project for occupancy.
The detection of, or the failure to detect, deficiencies or defects in the construction during review by this Office
does not relieve the contractor or it's subcontractors of their responsibility to correct all deficiencies or defects,
whether detected or undetected by this Office, in all parts of the work and to otherwise comply with the
requirements of the Construction Documents and the Massachusetts State Building Code.
Sincerely Yours,
tA OF
T. c4v-4&rsL,� IYE'.4-aly
LV;
-CLL.U;6 � D #V 5-�' S
)NNIkiL
William Thomas Duross, PE
Mass. Registration Seal #12176
Director
Cc: Kieran Whelan, RCG Builders, LLC
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Properly Maintained Sprinider Systems Save Lives!
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Plans Submitted Plans Waived El
Certified Plot Plan El Stamped Plans F1
TYPE OF SEWERAGE DISPOSAL,
Public Sewer F1
Tanning/Massage/Body Art F -I
Swimming Pools 11
Well
Tobacco Sales
Food Packaging/Sales F,
Private (septic tank, etc.
Permanent Dumpster on Site F1
THE FOLLOWING SECTIONS FOR OFFICE USE ONLY
INTERDEPARTMENTAL SIGN OFF - U FORM
DATE REJECTED DATEAPPROVED
PLANNING & DEVELOPMENT F1 11
COMMENTS
CONSERVATION
COMMENTS
DATE REJECTED DATEAPPROVED
F1 . 11
DATE REJECTED DATEAPPROVED
HEALTH El F1
COMMENTS
Zoning Board of Appeals: Variance, Petition No: Zoning Decision/receipt submitted yes
Planning Board Decision: Comments
Conservation Decision: Comments
Water & Sewer Con nection/Sig nature & Date Driveway Permit
Located at 384 Osgood Street
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RRE-DECARTMENTZK P, psteribri,,site' �Yes
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