35 PARK ST - BUILDING INSPECTION (2) BOARD OF BUILDING REGULATIONS
License: CONSTRUCTION SUPERVISOR d
Number: CS 087631
Birthdate; 10/16/1964
F 'Expires: 10/16/2007 Tr.no: 87631
- - - Restricted: 00
FRANCISCO POLAN_CO
8ANNIS ST
METHUEN, MA 01844
+ Commissioner
i
74��uon nea�!/i ayt°.,�fanear/ai eeltl
Board of Building Regulations and Standards License or registration valid for individul use only
" HOME IMPROVEMENT CONTRACTOR before the expiration date. If found return to:
`� Board of Building Regulations and Standards
Registration: 144901 One Ashburton Place But 1301
Expiration: 11/18/2008 Trill 125526
i Boston,Mo.02108
7.- ITYPBPO
: -Private Corporation
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..J
MECHO CONTRACTING, INC.
FRANCISCO POL NC AO
FRA N STREET
METHUEN,MA 01844 Administrator Not valid without _. _signature
Commonwealth of Massachusetts
Division of Occupational Safety 1Qh
Robert J.Preziuso,Commissioner
Deleader-Contractor
FRANCISCO A. POLANCO
E Date 04127/06 .-.fit
Exx p.Date 04126/07
00001547
hr muer of C.O.NE.5.I. lr"
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IHIIIIINNIIIINI�IIINI�IIIIIIIIIIIIIII11 BOS ON RENEW
----
PUBLIC PROPERTY
DEPARTNIENT
AumFJLLEY ORI]I:OL
MAYOR 120 WAsHINGTON S»EEr♦Sm.EK%L%%ncHOsLrm 01970
TM-978-74S-959S 4 FAIL:978-740-98"
APPLICATION FOR THE REPAIR, RENOVATION, CONSTRUCTION.
DEMOLITION OR CHANGE OF USE OR OCCUPANCY, FOR ANY EXISTING
STRUCTURE OR BUILDING
1.0 SITE INFORMATION
Location Name: lG Building: z
Pr�jperiy Address:
Property is located in a; Conservation Area YIN Historic District YIN
1
2.0 OWNERSHIP INFORMATION
2.1 Owner of Land _
Name: v lwl1 Z
Address:
Telephone:
3.0 COMPLETE THIS SECTION FOR WORK IN EXISTING BUILDINGS ONLY
Addition Existing
Renovation Number of Stories Renovated
Change in Use 2 New
Demolition Existing
Approximate year of Area per floor (sf) Renovated
construction or renovation /Pbo New
of existing building
Brief Description of Proposed Work:
ff�5v" 4� P'lm`li'lIGr 11Vq
Mail Permit to:
What is the current usj �re, pf the Building?
Material of Building? V VO If dwelling, how many units?
Will the Building Conform to Law? +'�2 Asbestos?
Architect's Name
Address and Phoney 1 ( )
Mechanic's Name M(' K fi�tN��9�1rJC� VC
Address and Phone �L) Kit) "Ll 7xkt(�-
Construction Supervisors License#C 2 HIC Registration#
Estimated Cost of Project$ L24 00 c7 Permit Fee Calculation
Permit Fee$ Estimated Cost X$7/$1000 Residential ✓
7 Estimated Cost X$11/$1000 Commercial
An Additional $5.00 is added as an
Administrative charge.
I
l 0 Make sure that all fields are properly and legibly written to avoid delays in processing.
i
The undersigned does hereby apply for a Building Permit to build to the above stated
specifications. Signed under penalty of perjury
Date- �
i
o i
C
r
a y
�t dO 7 O
u � a u
ACORRM CERTIFICATE OF LIABILITY INSURANCE 2007
03/13/2007
PRODUCER (978)459-077S FAX (978)459-0488 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
C&L Insurance Agency ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
6 Courthouse Lane Ste 14 HOLDER.THIS CERTIFICATE DOES NOT AMEND,EXTEND OR
ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
Chelmsford MA 01824
INSURERS AFFORDING COVERAGE NAIC 8
INSURED Mec o Contracting, Inc. INSURERA: Arch Specialty Insurance Co
30 River Street INSURER B.
Methuen, MA 01844 INSURER C'.
INSURER D:
INSURER E: —�
COVERAGES
THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED,NOTWITHSTANDING
ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR
MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,EXCLUSIONS AND CONDITIONS OF SUCI-I
POLICIES.AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
zSR D' TypE OF INSURANCE POLICY NUMBER POLICY CTIVE POLICY EXPIRATN711 LIMITS
GENERAL UANUTY 12 EMP 43563 01 04/09/2006 04/09/2007 EACH OCCURRENCE $ 1,000,000
X COMMERCIAL GENERAL LIABILITY DAMAGE TO RENTED $ 50
:::Born)__
CLAIMS MADE XT OCCUR MED EXP(My a person) $ 5
A X Pollution Liab. PERSONAL&ADV INJURY $ 1 000
_ GENERAL AGGREGATE S 1,000,()0
GEN'L AGGREGAT E LIMIT APPLIES PER I PRODUCTS-COMPIOPAGG $ _ 11000
X POLICY P CT LOC
AUTOMOBILE UABILITY COMBINED SINGLE LIMIT $
ANY AUTO (EA accld"t)
ALL OWNED AUTOS
BODILY INJURY $
SCHEDULED AUTOS (Per Pe )
HIRED AUTOS
BODILY INJURY $
NON-OWNED AUTOS (Per seem)em)
-- PROPERTY DAMAGE $
(Per 8=wwt)
GARAGE LIABILITY AUTO ONLY-EA ACCIDENTOTHE $
ANV AUTO THAN EAACC $
AUTO ONLY:
AUTO ONLY: AGG $
EXCESSAIMBRELLA LIABILITY EACH OCCURRENCE S
OCCUR CLAIMS MADE AGGREGATE S
$
DEDUCTIBLE I $
RETENTION $ $
WORKERS COMPENSATION AND WC STATU• OTH-
EMPLOYERS'LIABILITY
ANY PROPRIETORRARTNERIEXECUTIVE E.L.EACH ACCIDENT s
OFFICEMMEMBER EXCLUDED? E.L.MS••^'-EA EMPLOYE S
1 rty®.d antler —escnl —.— --
SPECIAL PROVISIONS d&ow E.L.DISEASE-POLICY LIMIT $
OTHER
I DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS
Project location & description: Mario Oscar - 3S Park St. .Salem MA
I
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE
EXPIRATION DATE THEREOF,THE ISSUING INSURER WILL ENDEAVOR TO MAIL
30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO I KE LEFT,
City of Salem - DPCD BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE OSLIOATION OR UABMpTY
120 Washington Street OF ANY KIND UPON THE INSU SO ATIVES.
Salem, MA 01970 AUTHORRED REPRESENTAT VE l
Clark N. Lindle
ACOR025(2001/08) FAX: (978)97S-1390 ®ACORDCORPORATION, ae
( ���. �✓ >f`L��7�+= i� , __.,, '; ., Dit}e rNlofavl7
PRODUCER ONLY AND CONFERS NO RIGHTS UPON THE CE IFICA
DEGNAN INS AGENCY INC HOLDER. THIS CERTIFICATE DOES NOT AMEND EXTEND OR
es SALEM $I ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
LAWRENCE MA 01843 COMPANY COMPANIES AFFORDING COVERAGE _
A IHE IR41^!LEAS ZNCffix^u I2y COpUA_NY
INSURED COMPANY
MBCHO CONTRACTING INC B
PO BOX 5" COMPANY
METHUEN MA 01844 C
COMPANY — _—
D
CO RAGE$ a
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED, NOTWITHSTANDING ANY RECAIVTEATENT, TERM OR CONDITION OF ANY CONFRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HERON IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
CO TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION LIMITS
LT DATE NOOMYY) DATE OMN101YYI
GENEMIJAMUTy GENERAL AGGREGATE $
,0OMMERCIAL GENERAL LIABILRY PRODUCTS-COMP/OP AGO. _
CLAWS MADE=OCCUR, PERBONALA ADV.I NAIRY t
OWN6RSACONTRACTOWSPRO1. 60,01400CURRIINGE t
FIRE DAMAGE(Any PM fire) t
M6D.EXPENSE(Any cno pomon) S
AUTOMOBILE uABEJTY COMBINED SINGLE
ANY AUTO LIMIT t
ALLOWNEDAUTOS BODILY INJURY t
_ SCHEDULES AUTOS (Pr P&'I=)
_ HIRED AUTOS BODILY INJURY
NCROWNEO AUTOS (Pr AoaAAm) t
—'---' PROPERTY DAMAGE t
GARAGE LIABILITY AU70 ONLY-EA ACCIDENT t
ANYAU70 OTHER THAN AUTO ONLY
EACH ACCIDBNY t
AGGREGATE t
EXCESS LABILITY EACH OCCURRENCE t _
1418RELW FORM AOGRGGATL S
OTHER THAIi UMBRELLA FORM
A WORKER'S COMPENSATION AND STATUTORY LIMITS
:N4J
EMPLOYER'S LIABILITY (LIB-1482C53-9-07) 02-09-07 02-09-08
FACHACOD6N t
THE PROPflIETOR/ INCL
inn nhn
PARTNEi61FULECUTIV6 O96ASE-POLICY LIMIT t
OFFICERS ARE'. EXCL DIBUSS-EACH EMPLOYEE i inn A
91MCK t
-DE H%,fMawovopEMMM"!MiMVRKCLESIRESTRICnONS.-SPECIAL ITEMS
27 DUNLAP STREET DORCHESTER MA 02124
OWNER-TAINA POLANCO
ThIlf-REPLAgMS ANY PRIOR CBRTIFIC °S IO IR C T'FICA E N S GE
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE
EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO MAIL
10 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAME
D TO THE
UAHAII EDGE HOUSING CORPORATION LEFT, OUT FAILURE. TO MAIL SUCH NOTICE SiMLL IMP08E NO OSUOATION OR
2010 COLU!MBUS AVENUE lWIlf1Y OFANY KING UPON THECOMPANY,ITS AGENTSOR REPRESENTATIVES.
ROXBURY MA 02119
AUT1B)W �ZED PFPRENATIV�
Information and Instructions
titassach ns General Laws chapter�Sd2e requiresfin ���loyP °is the service another undo n yer their
ct of iM
Provide an contract of hire.
Pursuant te this statues.an espleYaa
express or implied•oral or written _Or_
association.corporation or°�legal e°nty,or any or the
as an individual.PartttershtP, ves of a deceased employer-
An atrpioya is defined w a joint eneetprise.and inelolims the legalloying employees. However the
of the fotevus engage � association or other k��th or the occupant of the
receiver or trier°°°of an tndtviduaLP��� home
owns of a dwelling bates having maWIMIUMM ccnaavetion or repair work on such dwelling
dwelling boos°of asotber who employs�mmsha�ll such employment be deemed to be an employer•
or on the gi��or building appurtenant or West Heensixtil agency shall wilbbold ft _
u
MGL chapter 152.12SC(6)also states that"every stateu to iste9d buUdJAV Is the eommoawealthr tor atty
renewal of a Memo or Permit to opuses a business with the insurance coverage required.
a Ifeant w M bee sot produced acceptable evidence of eomPgaaae of its litical subdivisions shalt
Additionally.MGL chapter 152,125C(7)states"Neither the commonweal h not any evidence of comp
an contract for the performance of Public work until acceptable
licence with the inaurattce
into
requirements of this chapter have bean presented tothe conaacnng autbotuy"
req
Applicants the boxes that apply to Your situation and.if
Please fin out the workers'comes)name affidavit completely.1)andpby cnumbeg with their certifies*@)of
necessary,supply aub•eontraetods)aame(s),addresses)and phone number(s)along widl no employees other than the
necessary-
Limited Liability Companies(LLC)or Limited Liability ParteersMPs(LLL� hays
eD carry workers' eompansenon tasttraaoe if an LLC or LLPof
du
tnambers or punters, °not m Will
required
advised that We affidavit may be submitted to the Depathneot
employees,a Polies' Abe be set*to sign and dab the amdavit The affidavit should
Accidents for confirmation of insurance coverage. r d, the Department of
be rettuned to the city or town that the application for the permit ie license die law or f being ou an required to obtain a workers'
Industrial��b Should you have any q m at die number listed below.y3elf- eompanus should enter their
compensation policy.Please call the Depastesent line.
self-' license°mO�on the a
City or Town O1'lciaes a at the bottom
lets sad printed legibly. The Department has provided s spat
Please be sure that the affidavit is comp Investigations of has to contact you regarding the applicant.
of the affidavit for you to fill out beau event officewhi�will be used as s reference number. In addition.an aPP
Please be sure to fill in the pined applicationses in any given year.need only submit one affidavit indicating current
that must submit multiple Pat= under"Job Site Address"the applicant should write"an locations in--(city or
policy information(if neeemary) or marked by the city at town may be provided to the
town)."A copy of the affidavit that has been officially stamped or licenses A new af,;drvit must be filled out each
applicant as proof that a valid iAdavie is on file for fbture Permits not licenses.
to any business or commercial venture
year.where a home owner or citizen is obtaining a license or Perms to complete this affidavit
(i.e. a dog license or permit to bum leaves etc.)said person is NOT required
The Office of iaveseigations would like your
to thank You in advance for cooperation and should you have any questions.
please do nog hesitate to give us It tall-
The Department's address,telephoner a�ate' with of Ma&wxhusctts
Depumumt of Indasttid Accidents
O®et of Iavestivatlons
600 Washington Sooeet
Boston.MA 02111
Tel. #617-727-4900 ext 406 Or 1-977-MASSAFE
Fax N 617-727-7749
Revised 5-26.05 www.ma9S.gov/dig
CITY OF SALEM
DEPARTMENT OF PLANNING AND
COMMUNITY DEVELOPMENT
KIMBERLEY DRISCOLL
MAYOR
LYNN GOONIN DUNCAN,AICP 120 W,\SHINGTON STREET♦ SALUI,MASSACHUSETrS 01970
DIRECTOR TEL:978-745-9595 ♦ FAx:978-740-0404
HOUSING REHABILITATIONLOANPROGR"
OWNER - ,CONTRACTOR
AGREEMENT FOR REHABILITATION
This AGREEMENT, made this 14`sday of March, 2007 by and between MECHO Contracting, Inc.
(hereinafter referred to as the CONTRACTOR), having a business address of 30 River Street, Mathuen,
MA and Mario Oscar and Dionne A. Wilson (hereinafter referred to as the OWNER (S), residing at 35
Park Street, Salem MA.
WITNESS THAT:
WHEREAS, the OWNER (s) intends to rehabilitate their property located at 35 Park Street in Salem,
Massachusetts, now therefore, the CONTRACTOR and OWNER (s), for the consideration herein stated,
mutually agree as follows:
1. BID AND PROPOSAL
1.0 This AGREEMENT shall consist of the bid and proposal; the general conditions included herein,
drawings (if any) and approved work write-up/specifications.
1.1 All work described and listed in the work write-up/specifications shall be performed by the
CONTRACTOR for a sum not to exceed $57,200.00.
1.2 Exceeding of the above stated amount shall be grounds for the termination of this AGREEMENT
by the OWNER if the CONTRACTOR did not receive prior written approval from both the OWNER
and the City of Salem's Department of Planning and Community Development (heretofore
called the CITY). Said written approval shall be in the form of an amendment.
1.3 If the AGREEMENT amount is exceeded without the approval stated heretofore (1.2), the
CONTRACTOR would bear all additional costs of the materials purchased and work performed.
1.4 If the AGREEMENT amount is exceeded with the knowledge and prior approval of the OWNER,
in collaboration with the CONTRACTOR and without the prior consent of the CITY, then the cost
of said improvements would be bom solely by the OWNER.
INITIALS: Page 1 of 1
2. TERM OF AGREEMENT
2.0 The CONTRACTOR shall commence the work to be performed no later than ` as
agreed upon with the OWNER and with the concurrence of the CITY.
2.1 Said work shall be completed within 30 consecutive days.
2.2 The CONTRACTOR shall provide the OWNER with at least three days notice that work will
commence.
2.3 The commencement date may be changed, if agreed upon by both the OWNER and
CONTRACTOR. The OWNER must notify the CITY in writing of the change in commencement
date.
2.4 Delays caused by, but not limited to, such events as poor weather conditions, illness or
unforeseeable construction problems may, at the option of the OWNER and CITY, constitute
legitimate reason for delays in the start or continuance of work. In such event, the
CONTRACTOR shall notify the OWNER or the CITY of any delay and the reason. The OWNER and
CITY reserve the right to reject said reason and demand continuance of work.
2.5 Failure to continue work if reason for delay is rejected, pursuant to 2.4, shall be grounds for
termination of this AGREEMENT by the OWNER.
2.6 Delays that are deemed legitimate will not be charged to the term of this AGREEMENT and will
be considered an automatic extension of the AGREEMENT.
3. USES AND DISBURSEMENT OF FUNDS
3.0 Project funds will be used only for those activities deemed eligible under Community
Development Block Grant (CDBG) Regulations, pursuant to 24 CFR § 570.201 — Eligible
activities and/or HOME Program, pursuant to 24 CFR § 92.205.
3.1 The CONTRACTOR may make application for payment only on those items in the approved work
write-ups or amendments thereto and satisfactorily completed. Satisfactory completion is
determined by the CITY. Payments will be made only by approval of the CITY.
3.2 The CONTRACTOR's application for payment shall include an itemized list of the work
completed and copies of receipts and/or paid invoices for materials. The CITY will reject
payment requests that are not itemized and/or incomplete.
3.3 In order for payments to be disbursed, proper city building code inspections, heating and
plumbing and/or electrical permits must be pulled before the start of work and proper signoffs
received for work that is complete.
3.4 Work performed under this AGREEMENT shall be payable within thirty (30) days after the work
is satisfactorily completed, approved by the OWNER and the CITY, whose inspection and
approval of such work is required, and a complete, itemized invoice is submitted.
INITIALS: Page 2 of 2
3.5 Payment by the CITY shall not exceed the percentage of work completed nor the amount of
assistance committed by the CITY and/or the OWNER.
3.6 The OWNER and the CONTRACTOR acknowledge that, work not included in the Work Write-up,
performed at the homeowner's request is not covered by this contract. This includes not only
additional work items but also upgrades in materials and the quality of installation (i.e. ceramic
tile instead of linoleum, hardwood floors instead of carpeting, etc.). The quality of product and
installation is the sole responsibility of the OWNER and the CONTRACTOR.
4. FINAL PAYMENT
4.0 The CONTRACTOR is allowed to make up to four (4) progress payment requests, unless there is
a prior AGREEMENT to allow more payments. Final payment shall be requested only upon
completion of all work in the approved work write-up and amendments thereto.
4.1 Final payment shall be made only upon receipt from the CONTRACTOR of a CONTRACTOR'S
FINAL INVOICE, RELEASE FOR LIENS AND WARRANTY.
4.2 Once final work is approved by the Housing Programs Inspector, all proper permits have been
pulled and required inspections have been completed and signed off by the City of Salem's
Building Department, the OWNER and the CONTRACTOR acknowledge that if the owner refuses
sign Certificate of Final Inspection and/or cosign check, the City may proceed to issue final
to p g gn
contractor and the project will be considered complete.
payment to the co p ) p
5. RESPONSIBILITIES OF THE OWNER (S)
5.0 The OWNER agrees to comply with the conditions of this section. The CITY reserves the right
to withhold payments if the OWNER fails to comply with the section.
5.1 The OWNER shall be current in payments to the CITY of real estate taxes, user fees and other
obligations. Failure to be current in payments or to have made agreement to pay delinquent
accounts shall be grounds for termination of the project and withdrawal of funds by the CITY,
or suspension of the project.
5.2 The OWNER shall permit the CONTRACTOR to use, at no cost, existing bathroom facilities and
utilities such as electric power, lights, water and telephone only for the purposes of this
AGREEMENT. Failure of the OWNER to cooperate in this way shall be grounds to suspend or
terminate the project.
5.3 The OWNER will facilitate work by removal of rugs, coverings and furniture as necessary and
when possible.
5.4 The OWNER will, when possible, cooperate with the CONTRACTOR in keeping the project
interior and or/exterior clean and free of debris, in compliance with the State Sanitary Code,
Article H.
INITIALS. Page 3 of 3
r_ a
5.5 Any unreasonable action by the OWNER, as defined by the CITY, to hinder the CONTRACTOR
from proceeding with work, or any action by the OWNER to deny the CONTRACTOR access to
the project site, shall be grounds for suspension or termination of the project by the CITY and
subsequent withdrawal of public funds committed to the project.
5.6 In the event that the OWNER takes legal action against the CONTRACTOR and, thereby, delays
the project for more than sixty (60) days, then the CITY reserves the right to suspend the project
temporarily and apply project funds elsewhere. Said funds may be restored upon completion of
legal action.
6. RESPONSIBILITIES OF CONTRACTOR/PERFORMANCE OF CONTRACT WORK
6.0 The CONTRACTOR agrees to comply with the conditions of this section. The CITY reserves the
right to withhold project payments, suspend or terminate the project if the CONTRACTOR fails to
comply with the section. Failure by the CONTRACTOR to comply with this section may also be
grounds for the CITY to deny the CONTRACTOR or any SUBCONTRACTOR participation in the
CrI•Y's housing programs for up to three (3)years.
6.1 The CONTRACTOR shall maintain records of this project for at least three (3) years after its
completion and shall provide access to the CITY, upon request, to inspect all records related to
the project, including, but not limited to bids, drawings, vouchers, payrolls and purchase orders.
6.2 The CONTRACTOR shall comply with all applicable building, health and fire codes in the
conduct of this project and must obtain all necessary required permits for work. Cost of
permits may be included in the CONTRACTOR's bid. Copies of permits must be submitted to the
CITY before commencement of work. Copies of signed-off permits must be submitted to the
CITY before final payment will be released.
6.3 The CONTRACTOR acknowledges that all lead based paint abatement/deleading will be
conducted in accordance with the both the federal and state lead based paint regulations. All
contractors conducting lead based paint abatement/deleading must be licensed by the
Commonwealth of Massachusetts, Department of Labor and Workforce Development, Division
of Occupational Safety.
6.4 The CONTRACTOR shall indemnify and save harmless the OWNER from liability for any
personal injury or damage to the property in the performance of work unless there is a reason to
believe there is OWNER negligence.
6.5 Unless otherwise approved, the CONTRACTOR shall carry full and complete Workmen's
Compensation Insurance for all employees who require coverage under the law.
6.6 Prior to the start of the project, the CONTRACTOR shall provide the CITY with evidence of
liability insurance for not less than $300,000 for bodily injury and $100,000 for property
damage, unless otherwise approved.
6.7 The CONTRACTOR shall keep the project premises clean and free of work debris and remove all
such debris upon completion of work. Materials and equipment that have legally been removed
and replaced as part of the work shall belong to the CONTRACTOR.
INITIALS: Page 4 of 4
6.8. The CONTRACTOR shall not assign this AGREEMENT or any portion of it without written consent
of the OWNER and the CITY.
6.9 Abandonment of project work by the CONTRACTOR for more than ten (10) consecutive days
without the written or verbal consent of the OWNER and the CITY, shall be deemed a breach of
contract and is grounds for termination of this AGREEMENT by the OWNER and the CITY. In the
event of such termination, the CONTRACTOR shall be liable to the OWNER or to the CITY any
costs beyond the amount of this AGREEMENT, which are incurred for completion of this project.
6.10 If the CONTRACTOR's right to proceed is terminated, the OWNER and/or the CITY may take
possession of or utilize any materials, tools, equipment, or plants on the site as may be
necessary to complete the project.
6.11 The work specified herein must be completed by the CONTRACTOR within the terms of the
AGREEMENT, including extensions. The OWNER and/or the CITY reserves the right to take legal
action to recover any payments previously made to the CONTRACTOR.
6.12 During the performance of this contract and during the term of this AGREEMENT, the
CONTRACTOR agrees to the following conditions. The CONTRACTOR shall
6.12.1 Not discriminate against any person seeking his/her employment or any employee
because of race, color, national origin, gender, age, religion, familial status, sexual
orientation or disability. Such action includes, but is not limited to, employment,
upgrading, demotion, transfer, recruitment, advertising, layoff, termination, rates of pay
or other compensation, and selection for training, including apprenticeship.
6.12.2 post hereinafter, in a conspicuous place, available to employees and applicants for jobs,
notices provided by the CITY setting forth this non-discrimination clause.
6.12.3 include all provisions in this section to be placed in any agreement s/he has with
subcontractors working on the project.
6.13 The CONTRACTOR and any subcontractor is prohibited from inducing by any means, any
persons employed in the construction, completion or repair of public work, to give up any part
of the compensation to which s/he is otherwise entitled. The CONTRACTOR shall fully comply
with this section, pursuant to 18 USC 874, the Copeland "Anti-Kickback" Act, as
supplemented in 29 CFR § 3. The CONTRACTOR shall cause to be inserted in any contracts and
subcontracts related to this project such "Anti-Kickback" regulations.
6.14 The CONTRACTOR agrees to abide by Lead Based Paint Poisoning Prevention Act, which
prohibits the use of lead-based paint in residential structures constructed or rehabilitated with
federal assistance in any form.
7. MISCELLANEOUS
7.0 No member of or delegate to the Congress of the United States and no resident commissioner
shall be admitted to any share or part of this AGREEMENT or derive any benefit from the same,
INITIALS: Page 5 of 5
provided that the foregoing sanction is not construed to this contract and is made with
cooperation for its general benefit.
7.1 No Officer, employee or member of the governing body of the CrrY or the Department of
Planning and Community Development, who exercises or functions or has responsibilities in
connection with this project, shall have any private interest, direct or indirect, in the
AGREEMENT or in proceeds of this loan or grant.
8. AMENDMENTS AND CHANGE ORDERS
8.0 This AGREEMENT, executed under the regulations of the U.S. Department of Housing and
Urban Development and the general laws of the Commonwealth of Massachusetts, may be
modified or amended only by a written instrument executed by the OWNER and CONTRACTOR,
with the consent of the CrrY.
8.0.1 Chance orders shall be executed for modifications in work. Change orders that result
in a change in the amount of this AGREEMENT, will result in an amendment.
8.0.2 Amendments shall be executed if there is either an increase or a decrease in the amount
of the AGREEMENT. The written instrument shall itemize the changes.
8.2 The OWNER and the CrrY reserve the right to withhold payment for any work performed, which
is not authorized by either this AGREEMENT or amendments thereto.
9. WORK GUARANTEES AND PROTECTIONS
9.0 The CONTRACTOR, in consideration of the final payment s/he received under this AGREEMENT,
hereby releases the OWNER and the CrrY from any and all claims arising from or by virtue of
this AGREEMENT.
9.1 The CONTRACTOR, by execution of this AGREEMENT, hereby provides the OWNER with a
guarantee of all work for a period of one (1) calendar year from the date when said work is
completed or terminated. This includes work terminated before all work specified under this
AGREEMENT is completed.
10. RIGHT OF RESCISSION
10.0 The OWNER and the CONTRACTOR, hereby understands that, under the general laws of the
Commonwealth of Massachusetts, the OWNER may cancel this AGREEMENT if it has been
consummated by a party thereto at a place other than the address of the seller (CONTRACTOR),
which may be his/her main office or branch thereof, provided the seller (CONTRACTOR) is
notified in writing at his/her main office or branch by ordinary mail posted, by telegram sent or
by delivery, not later than midnight of the third business day following this AGREEMENT.
INITIALS: Page 6 of 6
11. INDEMNIFICATION
11.0 The OWNER and the CONTRACTOR shall save harmless the CrrY against claims for injuries to
persons on the premises of the project or damage to project-related property.
11.1 The OWNER and the CONTRACTOR are required to reimburse the CITY in the event such claim is
successfully prosecuted by an injured third party and damages recovered against the CrrY.
11.2 The OWNER and the CONTRACTOR shall be required to carry all necessary and required
insurances for the work to be provided under this AGREEMENT and for coverage of loss or
damage on any premises affected by this AGREEMENT. This shall include, but not be limited to,
insurances and certifications for contractors, subcontractors and vendors.
12. LIQUIDATED DAMAGES, DELEADING PROJECTS ONLY
12.0 Inasmuch as the performance of this contract and the completion of the deleading and/or work
that will render the bathroom and kitchen facilities out of commission will necessitate the
relocation of households, all provisions relating to time of completion of the deleading are of
the essence of this contract. Should the General Contractor fail to obtain a Certificate of
Compliance and/or have either unit ready for re-habitation within four (4) weeks of the
relocation date for that unit, or such time stipulated by an extension of time granted in
accordance with the provisions of the Contract, the General Contractor shall pay the Owner the
sum of two hundred dollars ($200) per day, which sum is agreed upon not as a penalty but as
liquidated damages which the Owner anticipates it will suffer daily by reason of delay.
13. NOTICE TO PROCEED
13.0 The execution of this AGREEMENT constitutes notice to the CONTRACTOR to proceed with work
specified herein, or attached hereto, no sooner than three (3) business days following the date
of signing of this AGREEMENT.
INITIALS: Page 7 of 7
I
IN WITNESS THEREOF, the CONTRACTOR and the OWNER (S) have entered into this AGREEMENT as of
the date first written above.
FOR THE CONTRACTOR 2� FOR THE OWNER(S)
By: �I � Ag'/ul. d By: M io Oscaz
Name�Please Print) e (Pleas rint)
Signature
,� / Sig ture
Title: C. / 3 I ly l uo�
Date
Date
By: Dionne A. Wilson
WITNESS: Na lease Print)
By: Julie Quinn
Authorized Representative of the St ature
City of Salem assachusetts
Signature Date
INITIALS: Page 8 of 8
Attachments
1. Scope of Work
2. Bid Form
INITIALS: Page 9 of 9
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