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17 WEST AVE - BUILDING INSPECTION I The Commonwealth of Massachusetts Board of Building Regulations and Standards CITY Massachusetts State Building Code, 780 CMR, 7'cdilion OF SALEM rrFF Rrs-ar/Juinuvl• Iluilding Permit Application To Construct, Repair, Renovate Or Demolish a /. :aAV One-or Two-Family rl/inR This Section F O(Ticial Use Only Building Permit Number: Date Applied: Z z7 Signature: 4,nz Iluilding rstrssioneN In u Buildings na"I ION 1:SITE INFORMATION I.1 Properry pd ss: 1.2 Assessors Map A Parcel Numbers I.la la thin an xcepteJ street?yes V no Map Number Parcel Number 1J Zoning Informetloa: 1.4 Property Dimensions: Zoning District Proposed Use Lot Amu(sq 11) Frontage(11) 1.5 Building Salbaelta(n) From Yard Side Yards Rear Yard Required Provided Required Provided Required Provided 1.6 Water Supply:(M.G.6 c.40,§SI) 1.1 Flood Zoo*Information: -S Sewage Disposal System: Public❑ Private❑ Zone: _ Outside Flood Zone1 Munki O y Check if n❑ Py On site disposal system ❑ SECTION 2: PROPERTY OWNERSHIP` 2.1 Owners of Record: ,e/<J�CH/9;VL/� Noma IPrinQ Addres for trice: Signaturo Telephone � SECTION 3: DESCRIPTION OF PROPOSED WORK'(cheek sU that apply) New Construction❑ Existing Building❑ Own Occupied Repairs(s) ❑ Alteration(s) ❑ Addition ❑ Demolition ❑ Accessory Bldg.0 Number of Units_ Other ❑ Specify: Brief Deuription of Proposed Work': V SECTION d: ESTIMATED CONSTRUCTION COSTS Ilern Estimated Costs: Omclal Use Only Labor and Materials y 1. Building S I. Building Permit Fee:f Indicate how fee is determined: r. Electrical S GD ❑Slandard Cily?own Application Fee O Total Project Cost'(Item 6)x multiplier x ). Plumbing S OU 2. Other Fen: S a. Mechanical (11YAQ f List: 3. Mechanical (Fire Suppression) S Total All Fen:S Check No. Check Amount: Cash Amount: 6. Total Protect Cost: S l 000 Paid in Full 0 Outstanding Balance Due: t SECTION S: CONSTRUCTION SERVICES 5.1 Licensed Construction Supervisor(CSL) Liccnfe Number I:%pimliun IYjIC None of l'SL• hinder � �'yJ� /- �(�//') I.ivl CSL type f%v below)_� \JJress U Unrestricted to 3S.000 Cu. Ft. Restricted 1!2 Family D%tllin M Onl Siyn;lyua ° M /A � RC Residential Routine Covering telephone INS Residential Window and Sidi" SF Residential Solid Fuel Burin A liaroro installation f� D RoiJrmid Demolition 3.2 Reglate Horns m emeat Coatn for(HI �o 1419L1 Registration Number I IIC Cum any Name ur I IIC Reyrstrant N. Addre� +- ���(yJ/���/1�/, Eapmrarron Duo Signature Tcleplone SECTION 6: WORKERS'COMPENSATION INSURANCE AFFIDAVIT(M.G L.C. ISi! 2SC(6)) Workers Compensation Insurance affidavit must be completed and submitted with this application. Failure to provide this affidavit will result in the denial of the Issuance f the building permit. Signed Affidavit Attached? Yes ......... No...........O SECTION 7a:OWNER AUTHORIZATION TO BE COMPLETED WHEN OWNER'S AGENT OR CONTRACTOR APPLIES FOR BUILDING PERMIT I as Owner of the subject property hereby to act on my behalf,in all matters authorize relative to work authorized by this building permit application. Si ure of Owner Dote SECTION 7b:OWNER'OR AUTHORIZED AGENT DECLARATION ;.=A 1/h,&kawner or Authorized Agent hereby declare that the statements and in re w formation on the foregoing applicaton am and accurate.to the best of my knowledge and behalf. / jv Print NuM-� Siynot o Owner or Authorized Ayer Due Si under the sins and Penalties of u NOTES: I. An Owner who obtains a building permit to do his/her own work,or an owner who hires an unregistered contractor (not registered in the Home Improvement Contractor(HIC)Program), will ad have access to the arbitration program or guaranty fund under M.G.L.c. 1 42A.Other important information on the HIC Program and Construction Supervisor Licensing(CSLI can be found in 790 CMR Regulations 110.146 and 1 MRS,respectively. 2. When substantial work is planne ,provide the information below: Total Iloors area(Sq.Ft.) (including garage, finished basemen✓units,decks or porch) Gross living area(Sq. Ft.) Habitable room count Number of fireplaces i/J Number of bedrooms Number of bathrooms Number of half/baths Type of heating system Number of decks/porches Type of cooling system Enclosed Open ). "Total Project Square Footage"maybe substiluted for"Tidal Project Cost" ' ✓� 11Q�7�1.����a(iLG�O t.�1�'Gf,7�J01��L'�P�� Office of Consumer Affairs and uusiness Regulation 10 Park Plaza- Suite 5170 Boston, Massaqhusetts 02116 Home Improvement 7E�tt�ctor Registration a—... Regisbaffon 121604 �—, — f-7) Type: indMdual Expiration: 5124/2012 TrS 293M QUINN'S CONSTRUCTION I Y� THOMAS QUINN t 868 MAMMOTH RD_ DRACUT, MA01826 s�� = Update Addtcss and reinru card_Mack reason for changes p Aadrm p Renewal ❑ Employment p last Card OPS-Ch1 6 SOM4MM4-G�i1TT01MG _ - ✓/e Office ofComamer AQalm&Rnsm�Regulation before or expiration dvalid forindretu[ to only - - before the e�irationdata If found return to: HOME IMPRQYEMENT CONTRACTOR - .Office of Consumer Affairs and Business Regulation - Registratro0"21604 - - - 10 Park Plamm-suite 5170 - Eapirr __12 TrC 293905_ Bostoq.MA02116 - Type:• �. . - GUINNs CO t THOMAS QUIN-- Div C MA O'Rf28 - Underseiret-Y - Not valid without signature tL[ac tcbusetfc= Department of Public Safer} - - Resirieted tw O0 Board of Building Regulations and Standards elf- Unrestricted -Construction Supervisor.License iG-1 2 Family Horns - License: CS 39M j Restricted to:_ 7H QUINN � ItaOure to possess a current effition of the 1 868 MAMMQ7M RD .. _ mamechosew Slate Building Code. -pRACUT:"4318W - n-came for revocation of this llomsa ' Ret'er t« W W W_Mas&Gov/DPS'.-_ cif_iy/ FXPmatlon -325f1D12 - �... C'onini�ciil.ner y Trff' iJW0 - - CERTIFICATE OF LIABILITY INSURANCE Q 1 Oz 17 l0 PRODUCERTNIS CERTIFTCAIE IS ISSUED AS A MATTER OF INFORMATION Francis Provencher Tneurn nn_e ONLY AND CONS NO RIGHTS UPON THE CERTIFICATE ��� Inc. HOLDER.THIS CERTIFICATE DOES NOT AMEND.EXTEND OR cy. 530 Ts Street ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Lowell NA 01852 Phone: 978-459-8681 Fax:978-454-9343 DMOOM AFFORDING COVERAGE NAICS INSURED A_ Penn-ATBerica INSURERs Canatsuet3ea - C: Ouiat'HA082Dracn 16 INSURE VISIRRERe COVERAGES - - THE POLICES OF INSURANCE LISTED BELOWHAVE 6SU TOT¢ORMtEDUMNDABOVEFORTHEPOLICYPHdOOMWATED.NOVIAMSTANDLm MYREQU943Mff.7EMORCOMMMOFANYCONTRACrOROTHERDOCUUBff VON RESPEcTTONRBOITIBSCERTffd'ATE Y ANTIONS OF SUCH DOR NAY Pr RTALL THE DISAAW EAPFONDEDBYTHE POLICES DESCF®®F0�16 SUBJECTTO AlLT8=7ERW% POLICES.AGGREGATE LIAMS SHDWN NAY WIVE BEEN REDUCEDBYPOMCLAIM.& Am lLfrs LTR TYPEOFBRUKPAM POLICY NUMBER BATE TE GENERAL LIABILITY EACH OCCURRENCE $1000000 A B commERCLkLGENERALuAAwny PAC6862247 01/13/10 01/13/11 PTtB056 oaaarA $50000 CLADJS MADE ®tea Nl®L9�GIAYamP�) $5000 -� PERSONAL&AMPLIURY SX000000 GENERAL AcDGFMrA E s 2000000 GIaI1pGGA6Gp7ElBBfAPa.TESPT3t li;D S-CDMPMPAGG sagg0000 POLICY m m. MLOC - AUTOIWBRELIASU T COHea+®9NO ELOUT s ANVAUTO ALLOWNEDAUTOS ��PT " i SCHEDULED AUTOS HLREDAlrras YULIAM rw1 i M N-0NLBD AUTOS PROPERTY OAMAGEs lFisa�amq AUTOO Y-EAACCII 1T i GARAGELIABLITY MTHAN Eft AM i AHY'ALHO AUTO OM CC AGO S OICESST UMBRELLA LIABILITY EACHOCCURRlaACE AS OCCUR GIAMMADE AGGREGATE $ s DHMICT®IE s RETENTION t UAW yCm@BLSATON A TORYLDLTs Tat ANDEMPLOYESLIABLITY YIN EL EACH ACMDENT i ANY PRORUETO IAIA�OE R EL DISEASE-FA Li /VamImtMMNIq EA-mSFAE-POLICY LLT i SMAP_RO &6A0/ OTHER PROVISIONS DESC1tlfTON OF OPI3RAGOR6ILOGiTOlLS r VLTACilSIEARA1401S AO�NYBIDOPS8BITISPBCJAL CERTIFICATE HOLDER - CANCELLATION. - SHOULD ANY OF TM ABOVE OESCRMW POLICIES BE CANCELED BEFORE THE EXPIRATO V^ICTnepWW,TWI83ULIB�B OWC'A'ANTONAR. iO mrs wmlT9+ NOIICBTOTHE®LTNiCATF-HOLLERMNY®TIYLIELEFT.BUTFAB.IMETO DO SO SMALL NOSE NOOBLIDATNW ORLWALITY OFANY Mo UL'ONYLE RAMAIM.ITS AGENTS OR REPRESEKIANNE& - AUnpRLEED TWE ACORD 25 F2009ANj ACORD CORPORATION. AN dglft TDSCYUTed- The ACORD name and logo am Megistevoud TLmArs of ACORD 1 CITY OF SM-&Ni, lL1SSACHLSF-TyS BUILDING DEPARTNIE.NT • 120 WASHNGTON STREET. 3aa FLOOR gat. TEi- (978) 735-9595 FAx(978) 740-9846 KI\[BFR1 F.Y DRISCOLL THOMASST.PIFARH MAYOR DIRECTOR OF PUBLIC PROPERTY/BL'I[DNG CO.X\I SIONER Workers' Compensation Insurance Affidavit: Builders/Contractors/Electricians/Plumbers 4 r Ilcant Information _ Please Print Leeillly Val11C IBusit><yyO(gtniration•Inilividual):_S),L dtC,l'S: G/ Ad q/ City/State/Zip:�� �'� Phone M: C2SL�<:�S Ar ya an employer?Check the propriate box: Type of project(required): 4. ❑ 1 am a general contractor and 1 6. N construction I am a cmplo tth a have hired the sub-contractors employees full d/or part-time). 7. I emvodeling 2. 1 ship a sole have no proprietor o partner- listed on the attached shceL t ship and twee no employees These sub-contractors have g. ❑ Demolition working for me in any capacity. workers'comp.insurance. 9. Building addition [No workers'comp.insurance 5. ❑ We are a corporation and its 10 Electrical repairs or additions required.) officers have exercised their 2,right of exemption per MGL 11.0 Plumbing repairs or additions 3. 1 a homeowner doing all work myself. [\o workers' comp. c. 15 4 1 O,and we have no 12.❑ Roof repairs r employees. Liv'o workers' insurance required.) comp. insurance required.) 13.❑ Other -Any opplicam ntia chocks box rl mutt also OII out the section below showing their worker compensation Policy infunnntian. I hrneuwnen who submit this affidavit indicating they are doing all work and than hire autsido cantricton mass submit a new alydavit indicting such. =C,,"I mton that chalk this box most attached an additional sheet showing the noon of the subcontractor,and their wurkera wmp.policy infamution. l an an employer that is providing workers'compensation insurance for my employees. Below is the policy and fob site information Insurance Company Name: Policy N ur Self-ire. Lic. 0:_��Cl ��`�yT�-- Expiration Date: Job Site Address:J ��5�/�}L// City/State/Zip:��l � Attach a copy of the workers'compensation policy declaration page(showing the policy number and expiration data). Failure to secure coverage as required under Section 25A of%,IGL c. 152 can lead to the imposition of criminal penalties of a tine up to S1,500.00 and/or one-year imprisonment,as well as civil penalties in the form of a STOP WORK ORDER and a fine of up to SM.00 a day against the violator. Ile advised that a copy of this statement may be furwarded to the Oftico of Investigations of the DIA for insurance coverage verification. i do hereby terrify under that pains and penalties of perjury that the infarmadon provided above /ir true an correct ii_n,tlure• �iI7 -loLy�L,'�� J^ Iatd: .. ��� Phone A' Official use only. Do not write in brit urea,robe completed by city or town offh•iaL City nr Town• ___ Permit/Lleeme#_._.._—. .._-- . .--- Issulag Authorily(circle one): 1. Board of Health 2. Building Department I.Cilyfrown Clerk 4. Electrical Inspector 5. Plumbing Inspector 6.Other Contact Person: _ . ._.. ._ Phone B: - 1 [ Information and Instructions Massachusetts General Laws chapter I j2 requires a I I employers to provide workers' coinpemanon fin their employees. Pursuarmt w this statute, air empluree is defined as "...every person in the service of another under any contract of hire. c%press or tinplled, oral or written." .\n employer rs defined as"an individual, partnership,association,corporation or other legal entity, or any two or more ,,r the lbreuring engaged in a joint enterprise,and including the legal representatives of a deceased employer,or the ,ecciver or trustee of .ar mdividual, pas mership,association or other legal entity,employing employees. However the owner of a dwelling house having not more than three apartments and who resides therein,or the occupant of the swelling house of another who employs persons to do maintenance, construction or repair work on such dwelling house or on the grounds or building appurtenant thereto shall not because of such employment be deemed to be an employer." MGL chapter 152, §25C(6) also states that "every state or local licensing agency shall withhold the issuance or renewal of it license or permit to operate a business or to construct buildings In the commooweulth for any applicant who has not produced acceptable evidence of compliance with the insurance coverage required." Additionally. MG1.chapter 152, §25C(7)states"Neither the commonwealth nor any of its political subdivisions shall curer into any contract for the performance of public work until acceptable evidence of compliance with the insurance requirements of this chapter have been presented to the contracting authority." Applicants Please fill out the workers' compensation affidavit completely,by checking the boxes that apply to your situation and, if necessary, supply sub-contractor(s)name(s), address(es)and phone nuuber(s)along with their certificatc(s)of insurance. Limited Liability Companies(LLC)or Limited Liability Partnerships(LLP) with no employees other than the members or partners, are not required to cant' workers' compensation insurance. If an LLC or LLP does have employees,a policy is required. Be advised that this affidavit may be submitted to the Department of Industrial Accidents for confirmation of insurance coverage. Also be sure to sign and dale the affidavit. The affidavit should he returned to the city or town that the application for the permit or license is being requested, not the Department of Industrial Accidents. Should you have any questions regarding the law or if you are required to obtain a workers' compensation policy,please call the Department at the number listed below. Self-insured companies should enter their self-insurance license number on the appropriate line. - City or Town Officials Please he sure that the affidavit is complete:md printed legibly. 'rhe Department has provided a space at the bottom ,)(the affidavit for you to fill out in the event the Office of Investigations has to contact you regarding the applicant. Phase be sure to till in the permittlicense number which will be used as a reference number. In addition, an applicant that must submit multiple permiUlicerise applications in any given year,need only submit one affidavit indicating current policy information(if necessary)and under"Job Site Address" the applicant should write"alllocations in (city or town)."A copy of the affidavit that has been officially stamped or marked by file city or town may be provided to the applicant as proof that a valid affidavit is on file for future permits or licenses. A new affidavit must be filled out each year. Where a hume owner or citizen is obtaining a license or permit not related to any business or commercial.venture (i.e. it dog license or permit to burn leaves etc.)said person is NOT required to complete this atfidavit. I lic i)tlice UI lnvesfigatlons would like to thank You in advance fur your cooperation and should you have:my questions, please do not hesitate to give us a call. The Department's address, telephone and fax number: The Commonwealth of Massachusetts Department of Industrial Accidents Office of Investigations 600 Washington Street Boston, MA 02111 Tel. N 617-727-4900 ext 406 or I-877-MASSAFE Fax M 617-727-7749 www.mam.gov/dia CITY OF S�U.F.Nl, NLaSSACHUSETTS • BUILDLNG DEPARTNI&NT 120 W ASHNGTON STREET, Yo FLOOR TEL (978) 745-9595 FAX(978) 740-9846 KIMBERLEY DRISCOLL THomAsST.Pmaas HAYOR DIRECTOR OF PUBLIC PROPERTY/BCB.DL'vG COJ51ISSIONER Construction Debris Disposal Affidavit (required for all demolition and renovation work) In accordance with the sixth edition of the State Building Code, 780 CMR section 111.5 Debris, and the provisions of MGL c 40, S 54; Building Permit# is issued with the condi[ion that the debris resulting from this work shall be disposed of in a properly licensed waste disposal facility as defined by MGL c 111, S 150A. The debris will be transported by: (name of hauler) ' The debris will be disposed of in (name of facility) (address of facility) signature of permit applicant date icbn�frd,x uinn 's Construction 868 Mammoth Rd., Dracut, Ma 01826 (978) 265-2390 CONTRACT PARTIES �� This contract made this day of OC447 2010 between: Quinn's Construction, with a usual place of business at 868 Mammoth Rd. Dracut, MAO1826, hereinafter referred to as "the CONTRACTOR" and Richard Osterberg and Shayne Osterberg of 17 West Avenue, Salem MA, 01970, hereinafter referred to as "CUSTOMER" For work to be performed at: 17 West Avenue, Salem MA DEFINITIONS When the following appears in this document it is to be regarded as stated by the following definitions. 1. CONTRACTOR or BUILDER: Quinn's Construction 2. CUSTOMER: The client, contract maker, and owner of the property upon which work is to be performed. 3. PARTIES: All of the persons who have caused their signatures to be affixed to this or attached documents. GENERAL DESCRIPTION OF WORK 1. Remodeline of a majority of the intrerior according to the attached specifications GENERAL TERMS OF CONTRACT 1. The CONTRACTOR'S Home Improvement Contractor Number is 121604. 2. The CONTRACTOR'S Construction Supervisor License Number is 39732 3. All home improvement contractors and sub-contractors shall be registered and any inquiries about a contractor or sub-contractor relating to a registration should be directed to; Director, Home improvement Contractor Registration One Ashburton Place Room 1301 Boston, MA 02108 Telephone (617) 727-8598 4. The sales person(s) involved are James P. McKenna, Jr. and Thomas Quinn, Owner. 5. All work shall be completed in a workmanlike manner and in compliance with all applicable Massachusetts Building and Life Safety Codes and all other applicable laws. 6. To the extent required by law, all work shall be performed by individuals duly licensed and authorized by law to perform said work. 7. Contractor may, at its discretion, engage sub-contractors to perform work hereunder, provided Contractor shall fully pay said sub-contractor and in all instances remain responsible for the proper completion of this Contract. 8. The CONTRACTOR shall, at the expense of the Customer, obtain all permits necessary for the work to be performed. Fee for the required permit will be billed to the Customer with the next periodic payment; (a) Permits required for performance of wiring, plumbing or any other act requiring a specific license are to be obtained by respective liccened subcontractors. (b) Any CUSTOMER who secures their own construction-related permits or whom deals with unregistered contractors shall be excluded from access to the Guarantee Fund. 9. The CONTRACTOR reserves the right to record a "Notice of Contract" at the appropriate Registry of Deeds on behalf of itself and its suppliers and/or vendors. 10. If, for any reason, the CONTRACTOR deems himself to be insecure the CONTRACTOR may require, as a prerequisite to continuing the work contained in this contract, that the balance of funds due under the contract, which are in the possession of the CUSTOMER, shall be placed in a joint escrow account requiring the signature of the CUSTOMER and the CONTRACTOR for withdrawal. (.MGL c142A s2) 11. Alterations mandated by Local Building Departments; a) Any wiring alterations or improvements, as mandated by the local Electric Inspector or Building Department, to existing wiring will be performed at additional cost to the CUSTOMER. b) Any plumbing alterations or improvements, as mandated by the local Plumbing Inspector, to existing plumbing will be performed at additional cost to the CUSTOMER. c) Any other alterations or improvements mandated by the Local Building Department or other government agency will be performed at additional cost to the CUSTOMER. 12. The CUSTOMER assumes responsibility of ensuring that the premises will be accessible by 7:30 AM. 13. The CUSTOMER agrees that the contractor may work longer than usual hours of business. 14. All disposal to be handled by the CONTRACTOR, the cost of which is included in this contract. The CUSTOMER agrees that accommodations will be made on site for the placement of a Dumpster. The CONTRACTOR agrees to use its best care not to damage pavement, landscaping or the like in placement and removal of the dumpster, but notes that some damage may occur in this process. 15. The Contractor represents and agrees that Insurance is written for and shall be maintained in an amount not less than the limits of liability specified below or required by law, whichever coverage is greater. The CONTRACTOR furthermore agrees to provide evidence of such insurance to the CUSTOMER if the customer requests such evidence. a) Workers Compensation. b) Comprehensive General Liability with limits of not less than $1,000,000.00 per occurrence. 16. Contractor shall not be liable for any delay due to circumstances beyond its control including inclimate weather, strikes, casualty or general unavailability of materials or labor. 17. All Change Requests will be in writing; a) All Requests shall be on the form provided by the CONTRACTOR. b) There is a $75.00 fee payable at time of request for all Change Requests. c) All changes are at the approval of the CONTRACTOR and are not guaranteed after work has begun. d) All changes approved by the CONTRACTOR are to be paid in full at the time of approval, unless a payment schedule agreeable to both parties is structured. 18. No work shall begin prior to the signing of the contract and transmittal to the CUSTOMER of a copy of this contract. 19. Upon execution of this contract the CUSTOMER grants permission to the CONTRACTOR or any sub-contractors employed by the CONTRACTOR to perform work under the scope of this contract to apply for required permits at the appropriate Town Building Department or other appropriate division and sign for said permits on behalf of the OWNER. PROJECTED CONSTRUCTION SCHEDULE I. Projected commencement date is 7 Days from acquisition of a building permit._ Huil_Ici_ i�u, in_J.c Ibi ih�: Prrniit \ciihin 7 dLn. of approval of final plans bycustomer. 2. Projected substantial completion date is 150 days from commencement. 3. Projected order of construction will generally follow the order of the payment schedule. PRICE AND PAYMENT SCHEDULE 1. The above work to be completed for the sum of$77,650.00 (Seventy Seven Thousand Six Hundred Fifty Dollars) and is payable as Follows. Osterberg Salem MA Contract amount 77,650 Initial Deposit 25,000 Contract balance 52,650 1 st floor demo 3,000 1 st floor plaster 5,000 1st floor paint 3,000 1 st floor bath rough plumbing 4,000 1 st floor Bath completion 5,000 1st floor Interior trim 4,000 1st floor Hardwood floors 2,000 1 st floor Kitchen Floor 1,000 1st floor Kitchen Counters 2,000 2nd floor demo 3,000 2nd floor plaster 5,000 2nd floor paint 3,000 2nd floor bath rough plumbing 2,000 2nd floor Bath completion 2,000 2nd floor Interior trim 5,000 2nd floor Hardwood floors 2,000 Front door completion 1,000 Foundation Pointing 650 DRAW TOTAL 52,650 2. Any deposit required to be paid in advance of the start of work SHALL NOT EXCEED one-third of the total contract price or the actual cost of any materials or equipment of a special order or custom made nature, which must be ordered in advance of the start of the work to assure that the project will proceed on schedule. 3. All invoices are due upon presentation of the invoice for work completed. After 5 business days a late fee equal to 5% (five percent) of the payment due will be assessed. Any invoices over 30 days will also be charged interest at a rate of 18% per annum. Work will not continue on the project until such time as all payments, including late charges and interest have been made current. 4. Demobilization: If at any time the CUSTOMER fails to make a payment more than 5 business days after payment due date then the CONTRACTO eserves the right to demobilize the to �; _ ,X J 71 remove any materials or equipment from the site. A remobilization fee equal to 5% of the balance of the contract amount (exclusive of any late charges on the overdue balance) will be assessed to the CUSTOMER and paid to the CONTRACTOR prior to remobilization of the project. The CUSTOMER and CONTRACTOR agree that demobilized time periods will adversely affect projected completion time periods. After demobilization of a project the CONTRACTOR will require all remaining funds for the project be put into escrow as per paragraph l l above. EXCLUSIONS AND SPECIAL CONDITIONS 1. Engineering, surveying, plans or drawings, if any, required by the Local Authority or for construction purposes, will be billed as a reimbursable expense. 2. Upgrade of any existing home systems, which the Local Authority requires to be upgraded. 3. Removal or disposal of any concrete or other poured floor systems, which may be in the floor system where the work is being performed. 4. Blasting or handling of any ledge or rocks greater than 1 cubic yard in size. 5. Removal of any earth from the site. 6. Dewatering (including pump rental) of any excavations or repair of any site conditions due to water accumulation or erosion. 7. No permit, impact or testing fees are included. . 8. Snow removal is not included in this contract. 9. It is the Customer's responsibility to provide the Builder with Electricity throughout the project. OTHER DOCUMENTS The following documents are attached and hereby incorporated into this agreement 1. ADEENDUM "A": Specifications 2. ADDENDUM "B": Contractor's One Year Limited Warranty 3. ADDENDUM "C": Homeowner's Three Day Right of Cancellation 4. ADDENDUM "D": Arbitration Agreement 5. ADDENDUM "E": Change Request Form ACCEPTANCE This agreement becomes legally binding on all parties once signed in duplicate by both parties and depositr'(if by check) has been cleared by the cu me 's banle - . ;,!,A) l � 0�C) —S aync/Osterberg DATE ons c DA E l0( ��c� By: James McKenna, PM Richard Osterberg DATE You may cancel this agreement if it has been signed by a party thereto at a place other than an address of the seller, which may be his main office or branch thereof, provided you notify the seller in writing at his main office or branch by ordinary mail posted, by telegram sent or by delivery, not later than midnight of the third business day following the signing of this agreement. See the attached notice of cancellation form for an explanation of this right. DO NOT SIGN THIS CONTRACT IF,THERE ARE ANY BLANK SPACES. ADDENDUM "A" SPECIFICATIONS Osterberg, Salem MA Revised 3.29.2010 ITEM DESCRIPTION FOUNDATION Repoint approximately 3 feet on each side of each of the rear corners of the Misc house. EXTERIOR DOORS Strip existing finish and apply 3 coats of polyurethane with or without stain at Front customer's discretion once the door is stripped. Aluminum threshold INSULATION Misc No insulation is included INTERIOR WALLS Walls %2" Blueboard with Thin Coat Plaster All interior walls except kitchens and second floor bath will be stripped of existing plaster and lathe. INTERIOR CEILINGS Misc All ceilings - Ceiling heights according to the Plan. Existing ceilings will be left in place and will have new Blueboard and plaster installed over them. Ceilings will have aSanded random swirl or knockdown texture at (customer Finish choice) INTERIOR TRIM Baseboard 5-1/2" Colonial Speedbase Window & Door Casings 3 '/2" Colonial or Windsor moldings, Finger jointed and Preprimed INTERIOR DOORS Style Hollow Core Masonite Prehung Hardware Door Hardware-Polished brass "Plymouth Passage" handles with passage sets. Bi-fold Door Hardware—Wood pulls painted white to match doors. Privacy Lock Sets- button lock "Plymouth Passage" sets for all bathrooms and master bedroom. Style To be selected by the customer from Builders samples t ,l INTERIOR FINISHES Brand "California" brand or equivalent Walls Latex Primer and Flat Finish Latex Paint All walls will be painted Flat or Matte finish in a color to be selected by the customer from the Whites and brights collection. Other colors may have an additional charge due to the nature of some colors in regards to flashing and solid Wall Color coverage that require application of additional coats of paint. Trim Semi-Gloss Latex Paint Trim Color From Builders samples Ceilings Ceilings to have I coat of Primer and I Coat of Ceiling White paint Applied CABINETS, VANITIES and COUNTERTOPS st floor Allowance is $600.00 for vanity and countertop 2nd Floor Bath Formica selection only First floor kitchen Formica selection only from samples FIRE AND SAFETY Smoke Detectors Excluded as part of the Electrical FLOORCOVERING I sr floor Kitchen Sheet Vinyl $20.00/Sq. Yard allowance 2nd floor Kitchen Existing floor to remain 1 st Floor bath Sheet Vinyl $20.00/Sq. Yard allowance 2nd floor bath Sheet Vinyl $20.00/Sq. Yard allowance Existing hardwood in renovated areas to be sanded and will have 3 coats of polyurethane applied. Note: some imperfections in the wood flooring will not be removed or repaired depending on severity and depth of damage at flooring Hardwood contractor's discretion. ELECTRICAL No electrical work is to be performed under this contract. The customer has secured their own electrical contractor. The customer agrees that the electrical contractor will provided Quinn's construction With evidence that the contractor is properly insure and licensed and that the electrical contractor will pull appropriate Mise permits and provide copies of such to Quinn's Construction. Smoke detectors Smoke detectors are excluded as part of the electrical work Bathroom fans Bathroom fans are excluded as part of the electrical work HEATING VENTILATION AND AIR CONDITIONING Misc No work to be performed on the HVAC system PLUMBING First floor bathroom will have a modified floor plan whereas the tub will be I st floor bath relocated so as to protrude into the adjacent bedroom One drop in lav (sterling traditional series 17x20 oval in Vikrell) One (1) shower unit (Sterling advantage series with seat) One Water Closet ( Sterling, Windham luxury height series) All faucets, shower valves and the like will be Kohler Coralais in Polished Faucets chrome finish Ist floor bath One drop in lav (sterling traditional series 17x20 oval in Vikrell) One (1) tub/shower unit(Sterling Accord series with shelves) One Water Closet( Sterling, Windham luxury height series) All faucets, shower valves and the like will be Kohler Coralais in Polished Faucets chrome finish The Builder will replace the kitchen sink and faucet while installing new Countertops if the Customer provides the sink and has it on site for the builder's Kitchen schedule MIRRORS One 42" high wall mounted mirror extending the full width of the vanity 1st floor bath countertop installed in the bathroom. SHELVING Bedrooms 12" Vinyl coated wire hanging shelf in the bedroom closets Linen closets Four(4) 16"' Linen style wire shelves ADDENDUM "B" QUINN'S CONSTRUCTION LIMITED WARRANTY THIS WARRANTY IS LIMITED AND IS EXTENDED TO THE CUSTOMER ONLY. IT IS NOT TRANSFERABLE TO SUCEEDING OWNERS._THERE ARE NO OTHER WARRANTIES OR REPRESENTATIONS MADE OR GIVEN. THIS LIMITED WARRANTY COVERS ONLY THE WORK PERFORMED UNDER THE TERMS AND CONDITIONS OF THE CONTRACT OF WHICH THIS WARRANTY IS MADE A PART OF. THIS LIMITED WARRRANTY SPECIFICALLY EXCLUDES CONSEQUENTIAL AND INCIDENTAL DAMAGES. THERE ARE LIMITATIONS IN THE DURATION OF THE WARRANTY. THE CUSTOMER RELEASES THE CONTRACTOR, QUINN'S CONSTRUCTION (HERINAFTER "CONTRACTOR") FROM ANY AND ALL CLAIMS AS TO IMPLIED WARRANTIES, NONE OF WHICH ARE MADE. TERMS OF COVERAGE: Coverage under this Limited Warranty begins on the date of which work is completed. That date is referred to in this document as the "date of efficacy". COVERAGE: 1. Structures: For a period of one (1) year after the date of efficacy, the floors, ceilings, walls and other internal structural components of the alteration or improvements, which are not covered by other parties of this Limited Warranty, shall be free of substantial defects in materials or workmanship. 2. Basement: For a period of one (1) year after the date of efficacy, the basement shall be free of water caused by seepage. Nevertheless, Quinn's Construction is not responsible if the seepage is caused by the actions or omissions of the CUSTOMER or the failure of the CUSTOMER to properly complete any item that the CUSTOMER was to have completed or by intensity of storms at or greater than fifty (50) year storm or by general flooding. 3. Systems: For a period of one (1) year after the date of efficacy, the plumbing, heating, and electrical wiring systems shall be free of substantial defects in materials or workmanship. 4. Roof_For a period of one (1) year after the date of efficacy, the roof shall be free of leaks caused by defects in materials or workmanship, but not those caused by ice back- up. 5. Other: For a period of sixty (60) days after the date of efficacy, the doors (including hardware), windows, electric switches, receptacles, plumbing fixtures and cabinetry shall be free of defects in materials or workmanship. MANUFACTURER'S WARRANTIES: Quinn's Construction gives no warranties with reference to any appliances or equipment installed in the Premises. The CUSTOMER acknowledges that CUSTOMER looks only to the manufacturer with reference thereto from the date of installation. Quinn's Construction does hereby pass through and assign to the CUSTOMER any and all manufacturer's warranties on all appliances and equipment supplied by Quinn's Construction in the dwelling. The following iisapartial list of examples of suchh t �n_ \ o and appliances: stove, dishwasher, heater, and air conditioner (all only where applicable to and included in the contract). As part of the pass through of these or any other manufacturer's warranties on equipment and appliances included in the purchase of this dwelling, we must state that such warranties may include a specified procedure which must be followed to make that warranty effective. The procedure may require notification or registration by you to the manufacturer, or the requirement that you shall mail a warranty registration card to the manufacturer. Your failure to register or mail such a warranty card according to any manufacturer's requirements shall not create any liability to Quinn's Construction for any expressed or implied warranty on such equipment or appliances. The forwarding of such material to any manufacturer is the sole responsibility of the CUSTOMER. EXCLUSIONS FROM COVERAGE: Quinn's Construction specifically does not assume responsibility for any of the following items, each of which is specifically excluded from this Limited warranty: 1. Defects in appliances or equipment, which are covered by a Manufacturer's warranty. As these have been assigned directly to you, each manufacturer's warranty claim procedure must be followed where a defect appears in any of those items. 2. Damages due to ordinary wear and tear, abusive use, misuse, or lack of proper maintenance of the building or its component parts or systems. 3. Defects which are the result of characteristics common to materials used, such as, but not limited to, warping or deflection of wood, fading, chalking and checking of paint due to sunlight; cracks in concrete due to drying and curing of concrete, plaster, brick or masonry; and drying, shrinking and cracking of caulking and weather-stripping are excluded. Exterior paint, plumbing fixtures, flooring and woodwork stain colors may vary from color chart due to dye lots and production runs and Quinn's Construction does not guarantee color matching. 4. Defects in items installed by you or anyone other than by Quinn's Construction or our sub-contractors at our order. 5. Work done by you or by anyone other than by us or by our subcontractors at our order. 6. Defects in items supplied by you. 7. Loss or injury due to the elements. 8. Conditions resulting from condensation on or expansion or contraction of materials. 9. Paint applied over newly plastered interior walls. 10. Consequential or incidental damages. IMPLIED WARRANTIES: You waive all implied warranties to the fullest extent allowable by law, including, but not limited to warranties of merchantability, fitness for a particular purpose with respect to real estate. Any that cannot be waived are limited to the warrant period as set forth above. NO OTHER WARRANTIES This Limited Warranty is the only Warranty Quinn's Construction provides. This Limited Warranty gives you specific legal rights. CUSTOMER covenants and agrees that no employee or signatory for Quinn's Construction is personally responsible to CUSTOMER. CLAIMS PROCEDURE Notification: If a defect should appear which you believe to be covered by this Limited Warranty, CUSTOMER must notify Quinn's Construction promptly in writing at the address appearing at the end of this Addendum. Describe the defect briefly and apprise Quinn's Construction when you will be available so that service calls can be scheduled appropriately. If delay shall cause additional damage (e.g. if a pipe bursts), telephone Quinn's Construction at the phone number appearing at the end of this Addendum. Only emergency reports will be accepted by telephone. Upon receipt of your written report of a defect, if the defective item or workmanship is covered by this Limited Warranty, Quinn's Construction shall repair or replace the item at no charge to you within sixty (60) days (or longer if weather conditions, labor problems or material shortages cause delays). The work shall be done by the Quinn's Construction or by sub-contractors chosen by the Quinn's Construction the choice between repair and replacement is that of Quinn's Construction. SEVERABILITY In the event that any of the provisions of this Limited Warranty shall be invalid, the remainder of the provisions of this Limited Warranty shall remain in full force and effect. Notification can be sent to the Quinn's Construction at: Quinn's Construction 868 Mammoth Rd. Dracut, Ma Telephone (978) 265-2390 ADDENDUM "C" Customer's Three day Right of Cancellation This Three day right of Cancellation applies to a contract between Quinn's Construction and Dated 1. You may cancel this transaction, without any penalty or obligation, within three business days from the above date. 2. If you cancel, any property traded in, any payments made by you under the agreement, and any negotiable instrument executed by you will be returned within ten business days following receipt by Quinn's Construction of your cancellation notice, and any security interest arising out of the transaction will be cancelled. 3. If you cancel, you must make available to Quinn's Construction at your residence, in substantially as good condition as when received, any goods delivered to you under this agreement; or you may if you wish, comply with the instructions of Quinn's Construction regarding the return shipment of the goods at the expense and risk of Quinn's Construction a) If you do make the goods available to Quinn's Construction and Quinn's Construction does not pick them up within twenty days of the date of your notice of cancellation, you may retain or dispose of the goods without any further obligation. b) If you fail to make the goods available to Quinn's Construction, or if you agree to return the goods to Quinn's Construction and fail to do so, then you remain liable for performance of all obligations under the contract. 4. To cancel this transaction, mail or deliver a signed and dated copy of this cancellation notice or any other written notice, or send a telegram to; Quinn's Construction 868 Mammoth Rd. Dracut, Ma Telephone (978) 265-2390 Not later than midnight of (date) I hereby cancel this transaction this day of , 2002 Customer signature Date v ADDENDUM "D" ARBITRATION AGREEMENT Quinn's Construction and the CUSTOMER hereby mutually agree in advance that in the event that Quinn's Construction has a dispute concerning this contract, Quinn's Construction may submit such dispute to a private.arbitration service which has been approved by the Office of Consumer Affairs and Business Regulation and the consumer shall be required to submit to such arbitration as provided in MGL c 142A. NOTICE: The signatures of the parties hereto apply only to the agreement of the parties to alternate dispute resolution initiated by Quinn's Construction. The CUSTOMER may initiate alternative dispute resolution even where this section is not signed separately by the parties.