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41-43 OSGOOD ST - BUILDING INSPECTION Z' The Commonwealth of Massachusetts y 1 U\ Board of Building Regulations and Standards CITY m OF SALEM Massachusetts State Building Code, 780 CMR, 7 edition Krvised Januun• Building Permit Ap lication To Construct;Repair, Renovate Or Demolish a 1. 2008 One-or Tlvo-Fu ilv Dwelling This SectiqKFor Official Use Only Building Pe 't Nu er: Date Applied: Signature: 11" ing issio / srWoor of Buildings Dale SECTION 1:SITE INFORMATION 1.1 Property Address: 1.2 Assessors Map 3r Parcel Numbers X t/l- �/� ds�ma� s I.la Is this an accepted street'?yesV no Map Number Parcel Number 1.3 Zoning Information: 1.4 Property Dimensions: Zoning District Proposed Use Lot Area(sq 11) Frontage(Il) 1.5 Building Setbacks(ft) Front Yard Side Yards Rear Yard Required Provided Required Provided Required Provided 1.6 Water Supply:(M.G.L c.40,§54) 1.7 Flood Zone Information: 1.8 Sewage Disposal System: Zone: _ Outside Flood Zone'? Public 13 Private❑ Check if yes❑ Municipal❑ On site disposal system ❑ SECTION 2: PROPERTY OWNERSHIP' Owner)of cor ! - L13 C6 � SA) SAA VkA �, e g XName(Print) Address for Service: Signature Tel hone SECTION 3:DESCRIPTION OF PROPOSED WORK=(check all that apply) New Construction❑ Existing Buildin Owner-Occupied ❑ 1 Repairs(s) ❑ 1 Alteration(s)XIAddition ❑ Demolition ❑ Accessory Bldg.❑ Number of Units Other ❑ Specify: Briel,�scription oft1 Proposed Work': Ten �+. -t S Ia SECTION J: ESTIMATED CONSTRUCTION COSTS Item Estimated Costs: Official Use Only (Labor and Materials I. Building S I. Building Permit Fee:S Indicate how Ice is determined: 2. Electrical S C3 Standard City/Town Application Fee ❑Total Project Cost (Item 6)x multiplier x 3. Plumbing S 2. Other Fees: S 4. Mecha•tica' (HVAC) S List: 5. Mechanical (Fire S Suppression) Total All Fees: S q , Check No._Check Amount: Cash Amount: 6.Total Project Cosi: S /J,OLjb • ❑Paid in Full ❑Outstanding Balance Due: :5PJP 7-0 SECTION 5: CONSTRUCTION SERVICES 5.1 Licensed Construction Supervisor(CSL) /'ts--3� f j3 a0 �Qrlt t:.� J �uU alt S Li`crnsc Num2t+err lispiratiun atc Name oI CSI.�(lold(r G \Q Orr x�11'l �C147o I.ist CSL Type Isce below)_ Tv Description nDS Il l!nrestricteJ(tip to 35,000 Cu.Ft.) R Restricted 1&2 Family Dwellin Signature M Slason Only ?$(- 6WRC Residential Roofing Covering l'elephone WS Residential Window and Siding SF Residential Solid Fuel Burning Appliance Installation D Residential Demolition 5.�2 Registered Home Jrov(M,Contractor(HIC) /G�/ 6 �1"7Pca,_tin t S UV 1�QJJ--�S _ 7 HIC'Compan Naim or IIIC Rcgistwnt Naipe �O Registration ,umber �� c; K�zb 3G a'G l ddress) Expiralion Date Signature relephone SECTION 6: WORKERS'COMPENSATION INSURANCE AFFIDAVIT(M.G.L.c. 152.§ 25C(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 of the building permit. Signed Affidavit Attached? Yes .......... Cam Nu...........❑ SECTION 7a: OWNER AUTHORIZATION TO BE COMPLETED WHEN OWNER'S AGENT OR CONTRACTOR APPLIES FOR BUILDING PERMIT 1, , as Owner of the subject property hereby authorize to act on my behalf, in all matters relative to work authorized by this building permit application. Signature of Owner Date SECTION 7b: OWNER'OR AUTHORIZED AGENT DECLARATION I, as Owner or Authorized Agent hereby declare that the statements and information on the foregoing application are true and accurate,to the best of my knowledge and behalf. Print Name Signature of Owner or Authorized Agent Uate (Signed under the pains and penalties ofperjury) NOTES: I. An Owner who obtains a building permit to Jo his/her own work,or an owner who hires an unregistered contractor (not registered in the Home Improvement Contractor(HIC)Program),will not have access to the arbitration program or guaranty fund under M.G.L.c. 142A.Other important information on the FITC Program and Construction Supervisor Licensing(CSL)can be found in 780 CMR Regulations 110.116 and I I0.R5, respectively. 2. When substantial work is planned,provide the information below: Total floors area(Sq.Ft.) (including garage,finished basement/attics,decks or porch) Gross living area(Sq. Ft.) Ilabitable room count Number of fireplaces Number of bedrooms Number of bathrooms Number of half/baths Type of heating system Q i/` Number of decks/porches Type of cooling system Enclosed Open 3. "Total Project Square Footage"may he substituted for"Total Project Cost" ACORD CERTIFICATE OF LIABILITY INSURANCEDATE(MM/DDNYYY) Ol/18/2011 PRODUCER (978) 745-6464 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Rose Insurance ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 66 Loring Avenue ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. P.O. Box 958 Salem MA 01970- INSURERS AFFORDING COVERAGE NAIC# INSURED INSURER A:Merchants Insurance Beauvais Builders INSURER B:Guard Ins 10 Fort Avenue INSURER C: INSURER D: Salem MA 01970- 1 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 SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR INSRO TYPE OF INSURANCE POLICY NUMBER PDATEYMMFUp1IVE P DATEMMAUD/YYN LIMITS TR ADD'L a GENERAL LIABILITY CCPI043673 03/04/2010 03/04/2011 EACH OCCURRENCE $ 500,000 X COMMERCIAL GENERAL LIABILITY DAMAGE TO RENTED 50,000 PREMISES Ea occurrence $ CLAIMS MADE OCCUR / / / / MED EXP(Any oneperson) $ 5,000 PERSONAL&ADV INJURY $ 500,000 GENERAL AGGREGATE S 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OP AGG $ 1,000,000 17 POUCV JECT LOC AUTOMOBILE LIABILITY / / / / COMBINED SINGLE LIMIT ANY AUTO (Ea accident) $ ALL OWNED AUTOS / / / / BODILY INJURY $ SCHEDULED AUTOS (Per person) HIREDAUTOS / / / / BODILY INJURY NON-OWNED AUTOS (Per accident) $ PROPERTY DAMAGE (Per accident) $ GARAGE LIABILITY AUTO ONLY-EA ACCIDENT $ ANY AUTO / / / / OTHER THAN EA ACC S AUTO ONLY: AGG $ EXCESS/UMBRELLA LIABILITY / / / / EACH OCCURRENCE S OCCUR D CLAIMS MADE AGGREGATE $ DEDUCTIBLE / / / / $ RETENTION $ $ B WORKERS COMPENSATION AND DAWC121323 08/03/2010 08/03/2011 X I WCSTATU- OTH- EMPLOYERS'LIABILITY TORY LIMITS X ER ANY PROPRIETOR/PARTNER/EXECUTIVE E.L.EACH ACCIDENT $ 100,000 OFFICERIMEMBER EXCLUDED? E.L.DISEASE-EA EMPLOYEE S 100,000 If yes,describe under SPECIAL PROVISIONS below E.L.DISEASE-POLICY LIMIT $ 500,000 OTHER DESCRIPTION OF OPERATIONSILOCATIONSNEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS CERTIFICATE HOLDER CANCELLATION 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 THE LEFT,BUT City of Salem FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER ITS AGENTS OR REPRESENTATIVES. AUTHORIZEMRIUPIRESENTATIVE ACORD 25(2001108) O ACORD CORPORATION 1988 INS025(0108).6 Page 1 of 2 CITY OF S.u.E.�I, LvL-kss kcHCSETTS EILILMNIG DEPARTMENT 130 WASHLYGTON SIRE r,3 °FLOOR TEL (978)745-9595 FAX(978)7449846 KI3t$ERLEY DRISCOLL MAYOR THOMAS ST.PMRR8 DIRECTOR OF PUBLIC PROPERTY/Bt:MDLNG CONNISSIONER 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 1 11.5 Debris, and the provisions of MGL c 40, S 54; Building Permit# t is issued with the condition 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) Sl t L,44 Qd Sc ah (address of facility) signature of permit applicant date dcbnalf Jew - CITY OF Sm-ovIs AXSSACHUSETTS �vr BUILDING DEP.\RTNtENT wAS ' 120 HLNGTON STREET, 3"a FLOOR Cla.a��� TEL (978)745-9595 F.kx(978) 740 9816 Kl%IgFRI _yDRISCOLL THO&MST.PIERRB MAYOR DIRECTOR OF PUBLIC PROPERTY/BUMDNG CONLMISSIONER Workers' Compensation insurance Affidavit: Builders/Cont ractorsi Electricians/PI umbers A r licant Information r Please Print_Legibly Namc(Busil>L•ss.Organiratiola Individual),• �kA V SIS t `�Q �1 I )ont2� �u vat S Address: �(7 / City/State/zip: M ,V�i t G(4 �O Phone 1t: ?o c/�–6 30— a3` g Are you an employer?Check the appropriate bot: 'Type of project(required): , ! 1. 4• ❑ 1 am a general contractor and 1 6. New construction 1,LJ I am a employer with ❑ employees full and/or art-time)., have hired the sub-contractors ( P listed on the attached sheet.t 7• Remodeling 2.C1 I stn a sole proprietor or partner- ship and have no employees These subcontractors have 8. ❑ Demolition _ working for me in any capacity. workers'comp.insurance. q, E3 Building addition No workers cora insurance 5. ❑ We are a corporation and its ( P• ME]Electrical repairs or additions requires.] officers have exercised their right of exemption r MGL I I.[] Plumbing repairs or additions 3.❑ 1 ys a.(N homeowner doing all wont c 6152,§1(4),and we have no myself.[No workers'comp. 12.❑ Roof repairs insurance required.]t employees. [No workers' 13.0 Other comp.insurance rcquimd.j •Any upplivan dor dusk&box r1 must also rill gut the section below,howing tlau workeri compenuriun policy inlurmmion. t I h,meowmxs who,ubmil this affidavit indicating They am doing all work and then hire outside contrsmma must submit a new affidavit indicating rush :c,.n1m,tor,that check this box must utlachod an aJJitiutd,hat showing the name of the sub<untractors and 1hcir workers'wrap.policy infomution. I um an employer that is providing workers'compenradon insurance for my employees. Below Is the policy and job site Insurance Company Name:.__ _ Policy d or Self-ins. Lic.d: 't)a w C [a'• l 3 a J Expiration Date: g 3�A�A / lob Site Address: q� OV\A L 3 M%&t'1l 6City/State/Zip: SG m k, 61�17D 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 MGL c. 152 can lead to the imposition of criminal penalties of a Fine up to S 1,500.00 and/or one-year imprisonment,as well as civil penalties in the Corm of a STOP WORK ORDER and a fine of up to$25o.00 it Jay against the violator. Ile advised that a copy of this statement may be forwarded to the OI'lice of Investiguiiurts of the DIA for insurance coverage verification. q „ ' iddldohereby fyande the pains andpens oferjry that the information provided titir $is fru and correct. a: 1 / (931� Official use only. no not write in this urea,to be completed by city or town afflcia2 City orTawn: Issuing Autltority(circle one): 1. Board of health 2.Building Department 3.Cityfrown Clerk 4. Electrical Inspector 5. Plumbing lu.spector 6.Other Cunlacl Person: _ - -_.. _. Phoned: [ Information and Instructions Massachusetts Gcneral Laws chapter 152 requires all employers to provide workers' compensation l'or their employees. Pursuant to this statute, an emplrr-rrs is defined as"...every person in the service of another under any comrict of hire, c%press or implied.oral or written." An employer hs defined as"an Individual,partnership,association,corporation or other legal entity,or any two or more a the lorcgoing engaged In a Joint enterprise,and including the legal representatives of a deceased employer,or the eceiver or trustee of .m Itldivhdual,parmership,:usoclahou 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 dwelling 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." NIGL chapter 152, v.25C(6)also states that"every state or local licensing agency shall withhold the Issuance or renewal of a license or permit to operate a business or to construct buildings in the communwealth for may applicant who has not produced acceptable evidence of compliance with the insurance coverage required." Additionally, MGL chapter 152, 4. 25C(7)states"Neither the commonwealth nor any of its political subdivisions shall enter into any contract for the performance ufpublic work until acceptable evidence of cmupliunce 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-contractors)nume(s),address(es)and phone nuuhber(s)along with their certirtcate(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 carry 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 date the affidavit. The affidavit should he gemmed 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 be sure that the affidavit is complete and printed legibly. The Department has provided a space at the bottom of the affidavit for you to fill out in the event the Office of Investigations has to contact you regarding the applicant. Please be.cure to fill in the permit/license number which will be used as a reference number. In addition,an applicant Hint must submit multiple pcnnitilicensc 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"all locations in (city or town)."A copy of the affidavit that has been officially stamped or marked by the city or town may be provided to the applicant as proof that a valid affidavit is on file for future permits or licenses. Anew affidavit must be filled out each year. Where a home owner or citizen is obtaining a license or permit not related to any business or commercial venture (i.e. a dog license or permit to bum leaves cic.)said person is NOT required to complete this affidavit. I he h)I lice of InveSrtgations%Yuuld like to thank you in advance fur your cooperation and Should you lia\'e any quebtlons, please do nut hesitate to give us it call. The Dcparuncnt's address, telcphune and fax number: The Commonwealth of Massachusetts Department of Industrial Accidents Ofllce of Investigations 600 Washington Street Boston, MA 02111 Tel. q 617-727-4900 ext 406 or 1-877-MASSAFE Fax N 617-727-7749 www.mass.gov/dia CONSTRUCTION AGREEMENT This agreement is by and between BEAUVAIS BUILDERS, 10 Fort Avenue, Salem, Massachusetts 01970 (hereinafter `Contractor') and Donald Harlow-Powell, 41-43 Osgood Street, Salem, Massachusetts, (hereinafter `Owners') for the renovation of two apartment units located at 41-43 Osgood Street, Salem, Massachusetts. In consideration of the mutual covenants contained herein, the parties hereby agree on this 1t r4 ' day of January, 2011 as follows: 1. THE AGREEMENT The Contract Documents consist of: a. this agreement, b. Construction plans, consisting of the plan set submitted to the Town of Salem and building inspector, and approved by them attached hereto to as exhibit `A'. C. Scope of work prepared by Beauvais Builders referenced and attached hereto as exhibit `B'. All plans, drawings, specifications and modifications to this agreement which are prepared, issued and agreed to by the parties after execution of this agreement and any other documents referenced in this agreement, which are signed by the parties hereto, supersede any and all other agreements made by and between the partied hereto. Il. SCOPE OF WORK TO BE PROVIDED The Contractor shall fully execute the Work described in the Contract Documents, except to the extent specifically indicated in the Contract Documents to be the responsibility of others. The scope of said work shall be that work specifically described in Exhibit `B', attached hereto. III. DATE OF COMMENCEMENT AND SUBSTANTIAL COMPLETION The parties hereby agree that the date of commencement of the Work shall be within seven(7) days of the issuance of a building permit or as agreed upon between Owner and Contractor. However, the parties further agree that Contractor's failure to commence work precisely on said date shall not be a material breach of this agreement provided that Contractor begins work within twenty days of said commencement date. In addition, Owner hereby acknowledges that the commencement date is contingent upon appropriate weather conditions and that in the event that said weather conditions are not appropriate to commence said work, the commencement date as stated in this paragraph shall be tolled until appropriate weather conditions exist. CONSTRUCTION AGREEMENT This agreement is by and between BEAUVAIS BUILDERS, 10 Fort Avenue, Salem, Massachusetts 01970 (hereinafter `Contractor') and Donald Harlow-Powell, 41-43 Osgood Street, Salem, Massachusetts, (hereinafter `Owners') for the renovation of two apartment units located at 41-43 Osgood Street, Salem, Massachusetts. In consideration of the mutual covenants contained herein, the parties hereby agree on this day of January, 2011 as follows: I. THE AGREEMENT The Contract Documents consist of: a. this agreement, b. Construction plans, consisting of the plan set submitted to the Town of Salem and building inspector, and approved by them attached hereto to as exhibit `A'. C. Scope of work prepared by Beauvais Builders referenced and attached hereto as exhibit `B'. All plans, drawings, specifications and modifications to this agreement which are i after execution of this agreement and an other prepared, issued and agreed to by the parties g Y documents referenced in this agreement, which are signed by the parties hereto, supersede any and all other agreements made by and between the partied hereto. II. SCOPE OF WORK TO BE PROVIDED The Contractor shall fully execute the Work described in the Contract Documents, except to the extent specifically indicated in the Contract Documents to be the responsibility of others. The scope of said work shall be that work sP Y in Exhibit `B'specifically described , attached hereto. III. DATE OF COMMENCEMENT AND SUBSTANTIAL COMPLETION The parties hereby agree that the date of commencement of the Work shall be within seven (7) days of the issuance of a building permit or as agreed upon between Owner and Contractor. However, the parties further agree that Contractor's failure to commence work precisely on said date shall not be a material breach of this agreement provided that Contractor begins work within twenty days of said commencement date. In addition, Owner hereby acknowledges that the commencement date is contingent upon appropriate weather conditions and that in the event that said weather conditions are not appropriate to commence said work, the commencement date as stated in this paragraph shall be tolled until appropriate weather conditions exist. Owner hereby warrants and represents that prior to the commencement date that Owner is the lawful owner of the land upon which Contractor shall be commencing the work. The Contractor agrees to achieve substantial completion of the work within four (4) months from the actual commencement of the work, or June 1, 2011, subject to any contingencies listed herein: a. Weather In. work stoppages C. any occurrences beyond the control of the contractor which prevent work from being performed. Substantial completion shall be defined as the contractor completing at least 95% of the contracted work pursuant to this agreement and the delivery of an Occupancy Certificate from the Town of Salem, or as otherwise required. IV. CONTRACT SUM The owner shall pay the contractor the contract sum for the contractor's performance of the agreement in the principal amount of$75,000.00 (Seventy Five Thousand Dollars);. This fee is separate, distinct and exclusive from any and all additional costs of construction for subcontractors, materials and labor outside the scope of this contract and for which the owner is responsible pursuant to Section VI of this agreement. V. CONTRACT SUM PAYMENTS Based upon Applications for Payment submitted to the Owner by the Contractor, the Owner shall make progress payments on account of the Contract Sum to the Contractor as provided below: Signing of contract $2,500.00 Start of bathroom demolition $2,000.00 Completion of Bathroom's, rooms to become new bathrooms and master closet demolition $4,000.00 Completion of kitchen demolition with new window installed $2,500.00 Start of rough plumbing #41 $3,500.00 Start of rough plumbing #43 $3,500.00 Start of framing $3,000.00 Completion of paper removed#41 $2,000.00 Completion of paper removed#43 $2,000.00 Rough plumbing sign off $4,000.00 Completion of framing $3,000.00 Framing and insulation sign off $3,500.00 Start of blue board $2,500.00 Completion of plaster $2,000.00 Start of primer paint $2,500.00 Completion of primer $2,500.00 Completion of hard wood floor finishing $2,000.00 Start of kitchen#41 $4,000.00 Completion of kitchen cabinets#41 $2,000.00 Start of kitchen #43 $4,000.00 Completion of kitchen cabinets#43 $2,000.00 Finish plumbing completed $3,500.00 Delivery of appliances#41 $2,000.00 Delivery of appliances#43 $2,000.00 Completion of tile (bath floors) and backsplash $2,300.00 Substantial completion $2,000.00 1 Completion of finish paint#41 $1,500.00 Completion of finish paint#43 $1,500.00 Balance upon completion $1,200.00 2 5 Cj TOTAL $75,000.00 VI. OWNER'S PAYMENTS FOR CONSTRUCTION COSTS The owner hereby acknowledges and agrees that the contractor has provided him with a scope of work attached hereto as exhibit `B' and a payment schedule in part IV hereto. Said scope of work and payment schedule reflects list of anticipated construction costs is an estimate and is subject to modification. The amounts as set forth in Exhibit `B' shall be adjusted accordingly with respect to any change orders or other additions or deletions which are allowed pursuant to the terms of this agreement. Said amounts shall be subject to any required holdback or retainage amounts as required. The Owner shall be responsible for retaining the services of subcontractors for all electrical and HVAC (heating, ventilation and air conditioning), and all permits required and/or related to such work, and the same shall not be within the scope of work provided by the Contractor. The Owner shall be responsible for making all payments to any and all such subcontractors directly. In the event that said electrician, HVAC subcontractor or any other subcontractor retained by the Owner, fails to perform work or services, or acts in such a manner as to hinder, delay or prevent the Contractor from performing work as required under this Agreement, the Contractor may stop all work until such time as the work of said electrician, HVAC subcontractor or other such subcontractor is completed. Any hinderance or delay caused by any subcontractor retained by the Owner, which exceeds thirty (30) days, shall entitle the Contractor at his sole election, to terminate this Agreement. In the event that owner fails to make payments to any subcontractor or fails to make any contract sum payment to the Contractor (Section V),the Contractor may stop the work until payment of the amount due has been received and all subcontractors have been paid. In the event_ that Contractor so elects to stop work the contract time shall be extended appropriately, and the contract sum shall be increased by the amount of the Contractor's reasonable costs of shutdown, delay and startup. VII. FINAL PAYMENT The Owner's final payment to the Contractor shall be made no later than 21 days after the Contractor's substantial completion of the final phase of the work and upon receipt of a certificate of occupancy. Any and all holdback or retainage amounts shall be paid to Contractor with 30 days of the date of substantial completion. VIII. TERMINATION OR SUSPENSION In the event that Contractor stops work as a result of Owners failure to make payments to any subcontractor or failure to make any contract sum payment to the Contractor(Section V), Contractor shall notify Owner of its intention to terminate this agreement, and said agreement shall be terminated unless the Owner cures said default within fifteen (15) days of receipt of notice that Contractor has so stopped work. In the event that Contractor elects to so terminate, Contractor shall submit a final bill for all materials, services, overhead and profit for materials and services provided to Owner and Owner shall pay the balance within ten (10) days of receipt of said bill. In the event that the Contractor fails to furnish or perform under the terms of this Agreement,the Owner may, by written notice, order Contractor to stop the Work, or any portion thereof. Said notice by Owner shall identify the cause for such order to stop work in sufficient detail to allow the Contractor to identify the cause. Upon receipt of such notice, the Contractor shall respond in writing to the Owner either (i) agreeing with the contents of the notice, in which event the Contractor shall correct the Work to conform to the Contract Documents within a reasonable time and shall bear all direct, indirect and consequential costs of such correction made necessary thereby, or (ii) disagreeing in whole or in part with the contents of said notice, in which event the parties shall meet to resolve the matter. In the event that the parties cannot resolve the matter within a reasonable period of time, the Owner may accept the Work and the Contractor shall continue to the completion of the Work in accordance with the Contract Documents or the Owner may terminate the services of the Contractor, exclude the Contractor from the site and take possession of the Work. In such case of termination, the Contractor shall be entitled to receive all payments then due under the Contract or otherwise. IX. INFORMATION AND SERVICES REQUIRED OF OWNER The Owner shall furnish, free of charge, all documentation reasonably required for Contractor's performance under this agreement, including but not limited to required surveys describing physical characteristics, legal limitations and utility locations for the site of the Project including a legal description of the site and all drawings and project manuals. Contractor shall be entitled to rely upon the accuracy of the information so provided. It is hereby acknowledged by the Owner that it is not the Contractor's responsibility to ascertain that contract documents, including any and all blue prints, plans, drawings and the like which are supplied by Owner to Contractor, are in accordance with applicable laws, statutes, ordinances, building codes and rules and regulations. However, if the Contractor observes that portions of such documents are at variance therewith, the Contractor shall promptly notify the Owner and necessary changes shall be accomplished by appropriate modification. X. CONTRACTOR The Contractor shall be responsible for and have control over construction means, methods, techniques, sequences and procedures and for coordinating all portions of the Work under this contract unless otherwise agreed to in writing. Contractor reserves the right to refuse to proceed with any construction means, methods or techniques which he determines to be unsafe. In the event that Contractor does make such a determination that such means, methods or techniques are unsafe he shall give written notice of the same to Owner and he shall not proceed with said portion of the Work until he receives written instructions from Owner. If Contractor is instructed to proceed with the required means without acceptance of any proposed changes by Contractor then Owner shall be solely responsible for any resulting loss or damage. It is hereby acknowledged that the Contractor shall not be required to provide professional services which constitute the practice of architecture or engineering. Furthermore the Contractor shall not be required to provide professional services in violation of applicable law. If professional design services or certification by design professionals related to systems, materials or equipment are specifically required of Contractor by this agreement, then Owner will specify all performance and design criteria that such services must satisfy. The Contractor shall cause such services or certifications to be provided by properly licensed design professionals, whose signature and seal shall appear on all drawings, calculations, specifications, certifications, shop drawings and other submittance prepared by such professional. The Owner shall be entitled to rely upon the adequacy, accuracy and completeness of the services, certification or approvals performed by such design professionals, provided the Owner has specified to the Contractor all performance and design criteria that such services must satisfy. The contractor shall not be responsible for the adequacy of the performance or design criteria required by the agreement or any schedules attached hereto. XI. WARRANTY The Contractor warrants to the owner that materials and equipment furnished under this agreement will be of good quality and new unless otherwise required or permitted by this agreement, that the work will be free from defects not inherent in the quality required or permitted, and that the work will conform to reasonable industry standards and the requirements of this agreement. Work not conforming to these requirements, including substitutions not properly approved and authorized, may be considered defective. The Contractor's warranty excludes remedy for damage or defect caused by abuse, modifications not executed by the contractor, improper or insufficient maintenance, improper operation, or normal wear and tear and normal usage. If required by the Owner,the Contractor shall furnish satisfactory evidence as to the kind in quality of materials and equipment. Contractor hereby warranties for a period of one year, commencing on the date which an occupancy permit is issued for the property which is the subject of this agreement, against all defects in workmanship and materials provided by Contractor pursuant to this agreement. Said warranty notwithstanding, Owner hereby acknowledges that with respect to any concrete structures, including foundations, that small cracks normally appear after said material has cured and that said cracks are normal and are not a result of defective workmanship or materials. Therefore, with respect to any such concrete structures, including but not limited to foundations, Contractor warrants for a period of one year, commencing on the date which an occupancy permit is issued for the property which is the subject of this agreement, said concrete structures shall be free from groundwater leaks. Leaks which result from floods or unusually high rainfall are specifically excluded from said warranty. With respect to any shingled roof provided by Contractor to Owner, Contractor hereby warrants for a period of two years that said roof shall be watertight, commencing on the date which an occupancy permit is issued for the property which is the subject of this agreement. Normal wear and tear, abuse or neglect is specifically excepted from said warranty. XII. PERMITS FEES AND NOTICES Unless otherwise provided in the contract documents, the contractor shall secure the building permit and other permits, licenses and inspections necessary for proper execution and completion of the work which are customarily secured after execution of the contract. Owner will pay fees for all other permits outside the scope of this agreement, including but not limited to, those permits required in Part VI, electrical and HVAC. XIII. CHANGE ORDERS Changes in the work may be accomplished after execution of this agreement only by written change order. A change order shall be based upon agreement of the parties and with the exception of minor changes which do not impact either the contract sum, or the contract time, shall be set forth in a written instrument prepared by the Contractor and signed by the Owner stating their agreement upon: 1) the change in the Work; 2) the amount and extent of the adjustment, if any, in the contract sum; 3) the amount and extent of the adjustment, if any, in the construction progress payments; 4)the amount and extent of the adjustment, if any, in any estimated or anticipated construction costs as set forth in exhibit `13% 5) the extent of the adjustment, if any, in the contract time. XIV. INSURANCE The Contractor shall purchase from and maintain in a company or companies lawfully authorized to do business in the jurisdiction in which the project is located such insurance as will protect the Contractor from claims set forth below which may arise out of or result from the Contractor's operation under the contract and for which the Contractor may be legally liable: a. Claims under workers compensation; b. Contractor's General Liability coverage Upon Owner's request, certificates of insurance acceptable to owner shall be supplied to the Owner prior to commence from the work. XV. OWNERS LIABILITY INSURANCE The Owner shall be responsible for purchasing and maintaining the Owner's usual liability insurance. XVI. PROPERTY INSURANCE Unless otherwise provided, the Owner shall purchase and maintain, in a company or companies lawfully authorized to do business in the jurisdiction in which the project is located, property insurance written on a builders "all-risk" or equivalent policy form in the amount of the initial contract sum, plus the value of subsequent contract modifications and cost of materials supplied or installed by others, comprising total value for the entire project at the site on a replacement cost basis without optional deductibles. Such property insurance shall be maintained unless otherwise provided in this agreement or otherwise agreed in writing by all persons and entities who are beneficiaries of such insurance, until final payment by Owner to Contractor has been made under this agreement as provided. Property insurance shall be on an "all-risk" or equivalent policy form and shall include without limitation, insurance against the perils of fire and physical loss or damage including, without duplication of coverage, theft, vandalism, malicious mischief, collapse, earthquake, flood, windstorm, testing and startup,temporary buildings and debris removal, including demolition occasioned by enforcement of any applicable legal requirements, and shall cover reasonable compensation for Contractor's services and expenses required as a result of such insured loss. If the owner does not intend to purchase such proper insurance required by this agreement with all the coverages in the amounts described above, the Owner shall so inform Contractor in writing prior to the commencement of a work. The Contractor may then affect insurance which will protect the interests of the Contractor, and by appropriate change order the cost thereof shall be charged to the owner. If the Contractor is damaged by the failure or neglect of the Owner to purchase and maintain insurance as described above, without so notifying the contractor in writing, then the owner shall bear all reasonable costs properly attributable thereto. If the property insurance requires deductibles, the owner shall pay costs not covered because of such deductibles. XVII. MISCELLANEOUS PROVISIONS It is hereby acknowledged by the parties that with respect to any excavation work which are required during the project that said contract is premised upon the assumption that there are no unsuitable materials which are present beneath the soil surface of the area to be excavated. In the event that said excavation reveals the presence of any such unsuitable materials including but not limited to ledge, large rock formations, clay or any other type of materials which are not suitable or which impede the construction of the proposed project the Owner shall pay the additional cost by way of written change order. XVIII. ENVIRONMENTAL CONDITIONS Contractor shall not be held responsible for any delays or termination of work which is caused by any discovery of environmental conditions not caused by Contractors actions, including but not limited due the discovery of any conditions implicating any wetlands or hazardous material laws. XIX. PENALTY FOR FAILURE TO TIMELY COMPLETE Contractor shall be required to pay a penalty of Five Hundred ($500.00) Dollars per week for each week beyond the scheduled substantial completion date of June 1, 2011, that the Contractor fails to achieve substantial completion. Said penalty clause shall not apply to any delays or termination of work as a result of any of the conditions set forth in Parts III, VI, XVIII of this Agreement, or for any other reason or occurrences beyond the control of the contractor which prevent work from being performed. XX. REQUIRED NOTICES All parties to this contract acknowledge and agree that they have been notified of the following: All Contractors and Subcontractors under this agreement must be registered by the chief administrator of the board of building regulations and standards, and agency within the executive office of public safety, established by section 18 of chapter MGL c. 6A. Any inquiries about a Contractor or Subcontractor relating to a registration should be directed to the administrator of the registration number of the contractor or subcontractor; The Owner has a right to cancel this contract within three days pursuant to section 48 of MGL c. 93, section 14 of MGL x255 D, or section 10 of MGL c. 140 D as may be applicable; Do not sign this contract if there are any blank spaces. You may cancel this agreement if it has been signed by a party thereto at a place other than an address of the Contractor, which may be his main office or branch thereof, provided you notify the Contractor in writing at his main office or branch by ordinary mail posted, by telegram sent orb deliver not later than midnight of the third business da following the signing of this Y Y� g Y g g g agreement. See the attached notice of cancellation form for an explanation of this right. DATED: � � EAUVAI BUILDERS CONTRACTOR BY DANIEL BEAUVAIS LICENSE NUMBER: CS 95321 HIC 164886 ON LD HARLOW-POWELL O NOTICE OF CANCELLATION Contract Date: January j��, 2011 You may cancel this transaction, without any penalty or obligation, within three business days from the above date. 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 followingreceipt b the Contractor of our cancellation notice, and any security interest arising P Y Y out of the transaction will be cancelled. If you cancel, you must make available to the Contractor 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 the Contractor regarding the return shipment of the goods at the Contractor's expense and risk. If you do make the goods available to the Contractor and the Contractor 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. If you fail to make the goods available to the Contractor, or if you agree to return the goods to the Contractor and fail to do so, then you remain liable for performance of all obligations under the contract. 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: Beauvais Builders 10 Fort Avenue Salem. MA not later than midnight of January , 2011. (insert date three days after date contract executed) I/WE hereby cancel this transaction. (Date) properly approved and authorized, may be considered defective. The Contractor's warranty excludes remedy for damage or defect caused by abuse, modifications not executed by the contractor, improper or insufficient maintenance, improper operation, or normal wear and tear and normal usage. If required by the Owner, the Contractor shall furnish satisfactory evidence as to the kind in quality of materials and equipment. Contractor hereby warranties for a period of one year, commencing on the date which an occupancy permit is issued for the property which is the subject of this agreement, against all defects in workmanship and materials provided by Contractor pursuant to this agreement. Said warranty notwithstanding, Owner hereby acknowledges that with respect to any concrete structures, including foundations, that small cracks normally appear after said material has cured and that said cracks are normal and are not a result of defective workmanship or materials. Therefore, with respect to any such concrete structures, including but not limited to foundations, Contractor warrants for a period of one year, commencing on the date which an occupancy permit is issued for the property which is the subject of this agreement, said concrete structures shall be free from groundwater leaks. Leaks which result from floods or unusually high rainfall are specifically excluded from said warranty. With respect to any shingled roof provided by Contractor to Owner, Contractor hereby warrants for a period of two years that said roof shall be watertight, commencing on the date which an occupancy permit is issued for the property which is the subject of this agreement. Normal wear and tear, abuse or neglect is specifically excepted from said warranty. XII. PERMITS FEES AND NOTICES Unless otherwise provided in the contract documents, the contractor shall secure the building permit and other permits, licenses and inspections necessary for proper execution and completion of the work which are customarily secured after execution of the contract. Owner will pay fees for all other permits outside the scope of this agreement, including but not limited to, those permits required in Part IV, electrical and HVAC. XIII. CHANGE ORDERS Changes in the work may be accomplished after execution of this agreement only by written change order. A change order shall be based upon agreement of the parties and with the exception of minor changes which do not impact either the contract sum, or the contract time, shall be set forth in a written instrument prepared by the Contractor and signed by the Owner stating their agreement upon: 1) the change in the Work; 2) the amount and extent of the adjustment, if any, in the contract sum; 3) the amount and extent of the adjustment, if any, in the construction progress payments; 4) the amount and extent of the adjustment, if any, in any estimated or anticipated construction costs as set forth in exhibit `B', 5) the extent of the adjustment, if any, in the contract time. r Owner hereby warrants and represents that prior to the commencement date that Owner is the lawful owner of the land upon which Contractor shall be commencing the work. The Contractor agrees to achieve substantial completion of the work within four (4) months from the actual commencement of the work, or June 1, 2011, subject to any contingencies listed herein: a. Weather b. work stoppages C. any occurrences beyond the control of the contractor which prevent work from being performed. Substantial completion shall be defined as the contractor completing at least 95% of the contracted work pursuant to this agreement and the delivery of an Occupancy Certificate from the Town of Salem, or as otherwise required. IV. CONTRACT SUM The owner shall pay the contractor the contract sum for the contractor's performance of the agreement in the principal amount of$75,000.00 (Seventy Five Thousand Dollars);. This fee is separate, distinct and exclusive from any and all additional costs of construction for subcontractors, materials and labor outside the scope of this contract and for which the owner is responsible pursuant to Section VI of this agreement. V. CONTRACT SUM PAYMENTS Based upon Applications for Payment submitted to the Owner by the Contractor, the Owner shall make progress payments on account of the Contract Sum to the Contractor as provided below: Signing of contract $2,500.00 Start of bathroom demolition $2,000.00 Completion of Bathroom's, rooms to become new bathrooms and master closet demolition $4,000.00 Completion of kitchen demolition with new window installed $2,500.00 Start of rough plumbing#41 $3,500.00 Start of rough plumbing #43 $3,500.00 Start of framing $3,000.00 Completion of paper removed#41 $2,000.00 Completion of paper removed#43 $2,000.00 Rough plumbing sign off $4,000.00 Completion of framing $3,000.00 Framing and insulation sign off $3,500.00 EXHBIT B Apartment Renovation Scope of work BEAUVAIS BUILDERS Donald Harlow-Powell 41-43 Osgood Street Salem, MA. 01970 1. Trash removal and permit fees 2. Demo Two existing bathrooms and kitchens down to studs 3. Partially demo the two room's to become new master bathrooms 4. Pull up existing floor in areas needed to accept new pluming for bathrooms 5. Demo closets in both master bdrms 6. Strip all wallpaper and patch any minor holes 7. Do any necessary framing to accept new shower and open shelve area 8. Run all rough pluming for kitchen's , bathroom's, and laundry in basement's 9. Home owner's electrician to run all rough electrical 10. Remove all existing acoustic ceiling tiles and molding, apply new blue board and plaster. 11. Remove and install new smaller window in unit 41 kitchen, and patch in siding. 12. Blue board and plaster all new areas where existing walls were removed (bath and kitchen area) 13. Insulate all new work as needed. 14. Sand and finish all existing wood floors with two coats of finish. 15. Homeowner to pull up existing linoleum flooring, if no existing hard wood is found an additional cost to install new will apply, cost will be discussed and agreed upon prior to start of any such work. 1 16. Apply new trim to doors and windows in kitchen for unit#43 to closely match existing through out 17. Replace hollow core doors in unit#43 with solid pine doors, and prime and paint. 18. Install new 12" shelves and pole's in both 2nd floor bdrms 19. Install two new maple kitchens with granite counter tops, one with new flooring. 20. Install new stainless steel appliances in both new kitchens (fridge, dish washer, and gas range with microwave/vent above, (fridgidare brand from tri city). 21. Install all new bathroom fixtures, Tub surround with Simmons valve, toilet, double bowl sink- with inkwith vanity base and standard faucets, paper holder, towel bar, with wall mounted mirror, 22. Prime and paint all walls, ceilings, doors, stairs, and trim. 23. Install tile floor in new bathrooms, $ 2.00 a sq' allowance on material. 24. Install subway tile back splash and single bowl sink with faucet in both kitchens Note: Heat system, HVAC and all electrical is not included. '(g 4j ivllUl/ / i � VILt � 6 AJ 'Uo r 1 BEAU VATS BUTlpE1 Finish Carpentry & Remodeling 781-630-23.52 10 ri] AV E S,A M Yin 01970 Date TO Work performed at a cost plus basis Note Total cost. Payments to be made as follows; Respectfully submitted by Daniel Beauvais-------------------------------------------- Homeowner------------------ --------