1 HARRINGTON CT - BUILDING INSPECTION (2) The Commonwealth of Massachusetts CITY
/ I hoard of Building Regulations and Standards OF SALEM
Massachusetts State Building Code, 730 CMR, 7ih edition Revised January
Building Permit Application'fo Construct, Repair, Renovate Or Demolish a =tn)x
One-or rue-Fur _ Dwelling
This ' ction r i icial Use On
Building Permit Number. ate 'e
Signature:
Building Commissioner/Inspector ings Date
SE ION 1:SITE INFORMATION
�.ItPropertiAddress. r 1.2 Assessors Map& Parcel Numbers
I.1a Is this an accepted street'?yes_ no_ Map Number Parcel Number
1.3 Zoning Information: 1.4 Property Dimensions:
Zoning District Proposed Use Lot Arca(sq It) Frontage(tl)
1.5 Building Setbacks(B)
Front Yard Side Yards Rear Yard
Required Provided Rvv)uired Provided Required Provided
1.6 Water Supply:(M.G.L c.40.§54) 1.7 Flood Zone Information: 1.8 Sewage Dhposal System:
Zone: _ Outside Flood Zone? Municipal❑ On site disposal system ❑
Public t� Private❑ Check if yesI3
SECTION 2: PROPERTY OWNERSHIP'
-24 Ownerttof ,cord '1 C4
VL _1 0 IC
Nume(Print) Addres�s ^rService:
Signature Telephone
SECTION 3: DESCRIPTION OF PROPOSED WORK'(check all that apply)
New Construction❑ Existing Building❑ Owner-Occupied ❑ Repairs(s) ❑ 1 Alteration(s) ❑ Addition Cl
Demolition ❑ Accessory Bldg.❑ 1 Number of Units_ I Other ❑ Specify:
Brief Description of Proed Work":
O�
SECTION J: ESTIMATED CONSTRUCTION COSTS
Estimated Costs: Official Use Only
Item (Labor and Materials
I. Building S ,eov dfl 1. Building Permit Fee:S Indicate how fie is determined:
cu ❑Standard City/Town Application Fee
2. Electrical S JOv Cl Total Project Costs(Item 6)x multiplier x
3. Plumbing 5 (ep,ova .06 2. Other Fees: S
4. Mechanical (iIVAC) S list:
5. Mechanical (Fire S Total All Fees:S
Suppression)
6. Total Project Cost: S dOU .oz Check No._Check Amount: Cash Amount:_
} ❑Paid in Full ❑Outstanding Balance Due:
�' oY4 aeI
SECTION 5: CONSTRUCTION SERVICES ,
5,1 Licensed Construction Supervisor(CSL)
License Numlrtr Fs iratiun )mt
N. ne of CSI.-I(1o�llder s�\ List CSL I's pe(see below)
2%TVt2x.0 CCU ¢.
Add ess fs ve Description
It 1!nrestricied(up to 35,000 Cu. Ft.)
RI Restricted 1&2 Famil pwellin
tii•natu - &I Nason Only
1Z/7,-, e2— R(-' Residential RoutingC'orerin
I WS Residemiul Window and Siding
SF I Residential Solid Fuel Burning Appliance Installation
1) 1 Residential Demolition
S egisteredHome o'e tContractor(HIC)
�Iti sem, c `'�`�t f ��� /h
I IIC Com any N4mc ur HIeC�Rtgist ame n Re' [ration Number
6'1 Cz7U't�j�pt Gspirat un Dale
Signaturedress
Telephone
SECTION 6: WORKERS•COMPENSATION INSURANCE AFFIDAVIT(M.G.L.c. 152. 1 25C(6))
Workers Compensation Insurance atI idavit must be completed and submitted with this application. Failure to provide
this affidavit will result in the denial of the Issuance- ' he building permit.
Signed Affidavit Attached? Yes .......... No........... ❑
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: OWNEW OR AUTHORIZED AGENT DECLARAT O
SQfL AG
1• ,as Owner or Authorized Agent hereby declare
that the statements and information on the fore g application are true and accurate,to the best of my knowledge and
be a
�� v S
Pri am
Signature ol'Owntr ot Authorized Agent pat
(Signed under the Pains and penalties of •r'u
NOTES:
1. 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(IIIc)Program),will nu have access to the arbitration
program or guaranty fund under M.G.L.c. 142A.Other important information on the HIC Program and
Construction Supervisor Licensing(CSL)can be round in 780 CMR Regulations I I O.R6 and 110.115, respectively.
2. When substantial work is planned,provide the information below:
Total floors arca(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 Number of decks/porches
Type of cooling system (inclosed Open
3. "Total Project Square Footage"may he substituted for"Total Project Cost"
CITY OF AXSSACHUSETTS
BulL OLNG DEPARTME..NT
• 120 WASHINGTON STREET. 3-FLOOR
TEL (978) 745-9594
Rut(978) 740-9846
ICI�IBERLEY DRISCOLL IHo1.tAsST.PtERRs
MAYOR DIRECTOR OF PUBLIC PROPERTY/BCIIDLNG CO\L%IISSIONER
Workers' Cornpensation insurance Affidavit: Builders/Contractors/Electricians/Plumbers
Applicant Information Please Print Le ibl
Namc(Buitw•ss,Organiratiomindividual): �Q'R ( S
Address: 5 C L
city/State/Zip: Phone #:
ver ou an employer'Check the a propriate box: Typo of project(required): -
4. ❑ I am a genera)contractor and 1 6. Ne onstrsaclion
1. 1 o employer with ❑ y�
employees full and/or art-rime).• have hind the sub-contraowrs .U✓–,/
( P listed on the attached sheet I 7• Remodeling
2.❑ I oar a sole proprietor or partner-
ship and have no employees These sub-contractor have S. ❑ Demolition
working for me in any capacity. workers'camp.insurance. 9. QUuilding addition
No workers coon insurance 5. ❑ We are a corporation and its
l P• 10. trical repairsor additions
required.) officershave exercised their
3.❑ 1 am a homeowner doing all work right of exemption per MGL 1 I. Plumbing rcpuirs or additions
myself.(No workers'comp. C. 152,§1(4),and we have no 12.[ Roof repairs
insurancerequired.)r employees. LNoworkers' 13.❑ Other
comp.insurance required.)
-Any oppllcum dust ducks boa el moat elan rill out IM sediuo below showing their worktvi compans9ion policy intormatium
t 11,waownas who submit this affidavit indicating they am doing all work and thin hire outside commetota main submit a new alridavit indicting such.
=Gamno ur,that check chis box mans anachad an aakitional heel showing the name of the suis am uton and their worked'comp.put icy information.
I urn on employer that is providing workers'compensadon insurance for my employees, Below Is that policy and job site
information. J
Insurance Company Name: - _._._ -•¢.��` C /
Policy U or SclGinsi. Lie.,#::.___�)Q WJG I a I 3a 3 Expiration Date: O 3 <
Job Site Address: r/ //���!!?R�G/I C City/State/Zip:
Attseb a copy of the workers'compensation policy declaration page(showing the policy number and expiration data).
Failure to secure coverage as required under Section 2JA of MGL e. 152 can lead to the imposition of criminal penalties of a
tine up to S1,5oo.00 and/or one-year imprisonment,as well as civil penalties in the form of a STOP WORK ORDER and aline
of up to 5330.00 a day against the violator. Ile advised that a copy of this statement may be forwarded to the Ol lice of
Invesligutiutut of the DIA r insurance coverage verification.
/do/tereb certify under th alas nod pe les of perjurythat the information provided uba is true and correct.
SI, A
phone i
Official use only. Do not write in rho area,to be caatpleled by city or raven'WicluL
city or rusvn: __ Permit(LIcense#_____—. ._.—
Issuing Aulhorily(circle one):
1. Lloard of Health Z.Building Department 3.City/rown Clerk A. Eleetrieal Inspector 5. Plumbing Inspector
6.Other
Contact Iserson: _ ._.. . . Phone it:
(
Information and Instructions
I.ass.achusetis Ucricral Laws chaptCr 1 72 i'lqulres all employers to provide %vorkers' compensalion fur their l•Iatployccs.
i'ursuaaar to itis siatute,an emp/urrr is defined as"...every person in rhe service of.another under any cunrnct of hire,
aprcas or itnpIicd, ural or written."
An empluyer as defined as"an Individual,partnership,association,corporation or other legal entity, or any two or more
,,r the hlregoing engaged in a Joint enterprise,and including the legal representatives of a deceased employer,or the
rocmver or ouster ul'.m individual,paimership,association or othce legal endgy,employing employees. However the
owner of a dwelling house having not more than three apartments and who resides therein,or the occupant of the
,Iwclling huuse of another who employs persons to do maintenance,construction or repair work on such dwelling house
or,ora the grounds or building appurtenant thereto shall not because of such employment be deemed to be an employer."
>IGL chaplet 152. §25C(6)also stages 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 commonwealth for any
:applicant who has not produced acceptable evidence of eumptlance with the Insurance coverage required."
Additionally, bIGL chapter 152, §25C(7)states"Neither the commonwealth nut any of its political subdivisions shall
enter 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 All out the workers' compensation affidavit completely,by checking the boxes that apply to your situation and if
necessary, supply sub-contractors)name(s),address(es)and phone numbers)along with their certilicatc(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 au LLC or LLP docs have
employees,u 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 dule the affidavit. The affidavit should
be rctaameJ to the city or town that the application for the permit or license is being requested, not the Department of
Industrial Aceidenls. 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. 'she Department has provided u space at the bottom
of die affidavit for you to fill out in the event the Office of Investigations has to contact you regarding the applicant.
Please be sure to till in the permit/license number which will be used as a reference number. In addition,an applicant
that mut submit multiple pennitflicense 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. A new affidavit must be tilled 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. it Jug license or permit to burn leaves etc.)said person is NOT required to complete this affidavit.
I lie t)1llce of Inve%rigahons would lisle to thank you in advance for your cooperation and should you liavc:ray questions,
pleaaC do not hesitate to Sive us a call.
rhe Dcparuncnt's address, telephone and fax number.
The Commonwealth of Massachusetts
Department of Industrial Accidents
OMce of Investigations
600 Washington Street
Boston, MA 02111
"Pal. N 617-727-4900 ext 406 or 1-877-MASSAFE
Fax 0 617-727-7749
www.mam.gov/dia
ACORD CERTIFICATE OF LIABILITY INSURANCEDATE(MWDDrVYYY)
01/18/2011
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— 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.
LTR NSRD TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION
DATE MFFE DATE(MKVDDIYYI LIMITS
a GENERAL LIABILITY CCPI043673 03/04/2010 03/04/2011 EACH RRRENCE $ 500,000
X COMMERCIAL GENERAL LIABILITY RENTEDEa occurrence $ 50,000CLAIMS MADEFX pCCUR / / / / n one n $ 5,000 ADV INJURY $ 500,000GREGATE S 1,000,000GENT AGGREGATE LIMIT APPLIES PER: -COMP/OP AGO S 1,000,000POLICY JEC LOCw
AUTOMOBILE LABILITY / / / / COMBINED SINGLE LIMIT
ANY AUTO (Ea accident) S
ALL OWNED AUTOS BODILY INJURY
SCHEDULEDAUTOS (Per Person) $
HIREDAUTOS / / / / BODILY INJURY
NON-OWNED AUTOS (Per accident) $
PROPERTY DAMAGE
(Per accident) $
GARAGELIABILITY AUTO ONLY-EA ACCIDENT S
ANY AUTO / / / /
OTHER THAN EA ACC $
AUTO ONLY: AGG S
EXCESS/UMBRELLA LIABILITY / / / / EACH OCCURRENCE S
OCCUR FICLAIMS MADE AGGREGATE $
b
DEDUCTIBLE / / / / $
RETENTION S
gg $
B WORKERS COMPENSATION AND DAwc121323 08/03/2010 06/03/2011 X TWWCCORVLMR7U S X Ea
EMPLOYERS'LIABILITY
ANY PROPRIETOR/PARTNEWEXECUTIVE E.L.EACH ACCIDENT $ 100,000
OFFICER/MEMBER EXCLUDED? E.L.DISEASE-EA EMPLOYEE$ 100,000
If yes,descnbe under
SPECIAL PROVISIONS below E.L.DISEASE-POLICY LIMIT I S 500,000
OTHER
DESCRIPTION OF OPERATIONS/LOCATIONSNEHICLES/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 OP Salem FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE
INSURER ITS AGENTS OR REPRESENTATIVES.
A HO PRESENTATIVE
Com, a/1
ACORD 25(2001108) ®ACORD CORPORATION 1988
INS025(oim).m Page 1 ore
fsW
CITY OF & .&M, NLLxss.AaiusEiTs
BUMMNIG DEPART &NT
120 WASHLYGTON STRm. 3i0 FLOOR
TEL (978) 745-9595
FAX(978) 7449846
K!J®ERLEY DRISCOLL
MAYOR THomu ST.PIERRs
DIRECTOR OP PLBLIC PROPERTY/BcmDL%IG comMISSIONER
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 l 1.5
Debris, and the provisions of MGL c 40, S 54;
Building Permit # 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
I 11, S 150A.
The debris will be transported by:
(name of hauler)
The debris will be disposed of in
(name of facility)
pSA (Zd Sc, VV,
(address of facility)
signature of permit applicant
date
la'bnaalf Jv
�e CITY OF AkSSACHCSETTS
BUILDING DEPARTMENT
1 120 WASHINGTON STREET, 3'a FLOOR
y�
TEL (978) 74S-9595
F.{x(978) 740-98.16
�[BF Rf FY DR1SCou THONW ST.PlEAM
MAYOR DIRECTOR OF PUBLIC PROPERTY/BU DLNG CO%LMISSIONER
Workers' Compensation Insurance Affidavit: Builders/Contractors/Electricians/Plumbers
A t Ilcant information Please Print Legibly
l�
t5Uu� e
�c�Q�� a . 1 e�U�a S
Name l0usitasyUrganiracioLrvindividual ' ` A t/0
Address: I Q T(2 n�/�
City/State/Zip: �U M `Y , 6(4 '70 Phone #: ')L!�'/ -C.Sol— a3S2
Arrc you an employer'Cheek the appropriate box: Type of project(required):
L LJ 1 am a employer with L 4. 0 1 am a general contractor and 1 6. ❑New construction
employees(full and/or part-time)." have hired the sub-cantractors
p Re
2.❑ 1 am a sole proprietor or partner- listed on the attachedsheuL: 7. modeling
ship and have no employees These sub-contractors have V. 0 Demolition
working for mein any capacity. workers'comp.insurance. 9. 0 Building addition
(No workers camp. insurance 5. 0 we are a corporation and its 10.0 Electrical repairs or additions
required.) officers have exercised their
3.0 I am a homeowner doing all work right of exemption per MOL I 1.❑ Plumbing repairs or additions
myself.(No workers'comp. c. 152, §1(4),and we have no 12.0 Roof repairs
insurance required.)t employees. (No workers' 13.0 Other
- camp.insurance required.)
•Any opplicarn aur churl&box rl must also rill out the soden below showing their worker'compmsuion policy mtormuoon.
I I,rneuwnen who submit this amdwis indiwing they am doing all work and then him outside cantmetars must suhmit a new AMIIV it indicating such
:Cantmaen that chuck this baa must attached an addidwul shat showing the name of the aubeontruton and their workers'comp.policy infonnolim,
Ian an einplayer that isproviding worker'campenradan Insurance for my employees. Below/s the policy and fob site
information. 1 �w
Insurance Company Name:_
Policy 4 or Self•im. Lic.t1: 'l)A t,A C- 1-4, ( -3D, 3 Expiration Date• : 13 / /
lob Site Address, y 16LAA 'A 3 Mlet� �1l City/State/Zip: �U m it , ole{7D
Altaeh 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 S1.500.00 and/or one-year imprisonment,as well as civil Penalties in the form of a STOP WORK ORDER and a line
of up to$230.00 a day against the violator. lle advised that a copy of this statement may be rurwarded to the Office of
Invesligutimts ofthe DIA for insurance coverage verification.
/Ja lrerrby fy trade rhe pains and pens( of perfary that the iajarmullon proviJed ub/u'f, is fru uuJ correct.
Vhunc
OJfidal use only. Da not write in this urea,to be completed by city or town affleluL
City or Town: __ PermitR.lcense q___
Issuing,kulhuriiy(circle ane): .
1. Board of Ileailh 2. Building Department 3.Citytruwn Clerk 4. Electrical Inspector 5. Plumbing lu.tpector
6.Other
Contact Person-_ .__ ... Phone n:
(
CONSTRUCTION AGREEMENT
This agreement is by and between BEAUVAIS BUILDERS, 10 Fort Avenue, Salem,
Massachusetts 01970 (hereinafter `Contractor') and Donald Harlow-Powell, 12 Almeda Street,
Salem, Massachusetts, (hereinafter `Owners') for the renovation of a structure located at 1
Harrington Court, Salem, Massachusetts. In consideration of the mutual covenants contained
herein,the parties hereby agree on this day of March, 2011 as follows:
L 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.
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 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.
14
Owner herebywarrants and represents that rior to the commencement date that Owner is
P
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 six (6) months from the
actual commencement of the work, or September 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$80,000.00 (Eighty 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:
Completion of roof $7,000.00
Signing of contract $25,000.00
begin exterior $20,000.00
begin rough plumbing $10,000.00
begin interior carpentry $10,000.00
Substantial Completion $6,000.00
Balance upon completion IM—00.00
TOTAL $80,000.00
4 • • •
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 any subcontractors and all
permits required and/or related thereto, for any work which is not 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 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 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 fumish 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.
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.
IX. 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 c.255 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 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.
12� 1
DATED: 20,
BEAUV BUILDERS
CONTRACTOR
BY DANIEL BEAUVAIS
LICENSE NUMBER: CS 95321
HIC 164886
131WALP HARLOW-POWELL
OWNER
y
NOTICE OF CANCELLATION
Contract Date: March 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
following receipt by the Contractor of your cancellation notice, and any security interest arising
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 March , 2011. (insert date three days after date
contract executed)
I/WE hereby cancel this transaction. (Date)
IP
��nue
Salem Historical Commission
120 WASHINGTON STREET, SALEM, MASSACHUSETTS 01970
(978)619-5685 FAX(978)740-0404
CERTIFICATE OF APPROPRIATENESS
It is hereby certified that the Salem Historical Commission has determined that the proposed:
❑ Construction ❑ Moving
❑ Reconstruction --:E% Alteration
❑ Demolition ❑ Painting
❑ Signage ❑ Other work
as described below will be appropriate to the preservation of said Historic District, as per the requirements set
forth in the Historic District's Act (M.G.L. Ch. 40C) and the Salem Historic Districts Ordinance.
District McIntire
Address of Property: 1 Harrinu_ton Coma
Name of Record Owner: Donald Harlow Powell
Description of Work Proposed:
Remove existing roof shingles and replace with 35 year, 3 tab asphalt shingles in charcoal gray. Repair 1 "x
8"pine,fascia boards as needed to replicate existing. Install cobra ridge vent. Install chimney flashing.
Dated: March 14, 2011 SALE ISSION
By:
The homeowner has the option not to commence the work (unlessrelates to resolving an outstanding
violation). All work commenced must be completed within one year from this date unless otherwise indicated.
THIS IS NOT A BUILDING PERMIT. Please be sure to obtain the appropriate permits from the Inspector of
Buildings (or any other necessary permits or approvals) prior to commencing work.
a'
Salem Historical Commission
120 WASHINGTON STREET, SALEM, MASSACHUSETTS 01970
(978) 619-5685 FAX (978) 740-0404
CERTIFICATE OF NON-APPLICABILITY
It is hereby certified that the Salem Historical Commission has determined that the proposed:
❑ Construction ❑ Moving
Reconstruction ❑ Alteration
❑ Demolition ❑ Painting
❑ Signage ❑ Other Work
as described below does not involve an exterior architectural feature or involves a feature covered by the
exemptions or limitations set forth in the Historic District's Act (M.G.L. Ch. 40C) and the Salem Historic
Districts Ordinance.
District: McIntire
Address of Property: 1 Harrington Court
Name of Record Owner: Donald Harlow Powell
Description of Work Proposed:
Patch in existing wood shingle siding and stain to match existing. Repoint brick foundation. Repair or replace
existing basement windows in kind(wood,:true divided light, single glaze, clear glass). Repair or replace
window molding and window sills to replicate existing. Repaint trim white and basement windows black.
No changes in color, material, design, location or outward appearance. Non-applicable due to being in kind
maintenance/replacement.
Dated: March 14, 2011 SALEC MISSION
By:
The homeowner has the option not to commence the work (unless it relates to resolving an outstanding
violation). All work commenced must be completed within one year from this date unless otherwise in
THIS IS NOT A BUILDING PERMIT. Please be sure to obtain the appropriate permits from the Inspector of
Buildings (or any other necessary permits or approvals) prior to commencing work.
CITY OF S.ULE.NI, .A-1SSACHUSETI'S
BLII.DLYG DEP.1MEENT
130 W1SHNGTON STREfiT, )'`FLOOR
`
TEL (978) 74S-959S
FAx(978) 740-9846
KI\®F_W.EY DRISCOLL
MAYOR THO As ST-PtERRB
DIRECTOR OP PuLic PR0PER7Y/HCIID17NG CONMUSSIONER
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 I 11.5
D.ebris,_and_the provisions-of MGL-c40,354 ---- -- ---
Building Permit # 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 tran
s
ported by:
(name of hauler)
The debris will be disposed of in
(name of facility)
(address of facility)
signature of permitrmit app
,3
elate
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