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HomeMy WebLinkAboutSample Notice • Sample Notice for Property Owners, Contractors, and Desi,n Professionals TO: Property Owners,Contractors,and Design Professiona s R EC E I V E 1) FROM: Mark Grylls SEP 14 2018 Town of Yarmouth, Building Commissioner BUILDING DEPARTMENT Y SUBJECT: Notice for Work on Existing building in Special Flood Hazard Areas Substantial Improvement/substantial Damage Worksheets The community's floodplain management regulations and code specify that all new buildings to be constructed in Special Flood Hazzard (SFHAs) (regulated floodplains) are required to have their lowest floors elevated to or above the base flood elevation (BFT). The regulations also specify that substantial improvement of existing buildings (remodeling,rehabilitation,improvement, or addition) or building that have sustained substantial damage must be brought into compliance with the requirements for new construction. Please note that a building may be substantially damaged by any cause, including fire,flood,high wind,seismic activity,land movement,or neglect It is important to note that all costs to repair a substantially damaged building to its pre-damage condition must be identified. There are several aspects that must be addressed to achieve compliance with the floodplain management requirements. The requirements depend on several factors,including the flood zone at your property. The most significant compliance requirement is that the lowest floor,as defined in the regulation/code, must be elevated to or above the BFE. Please plan to meet with this department to review your proposed project,to go over the requirements,and to discuss how to bring your building into compliance. Our regulations define these terms: Substantial Damage means damage of any origin sustained by a structure whereby cost of restoring the structure to it's before damaged condition would equal exceed 50 percent of the market value of the structure before damage occurred. Substantial Improvement means any reconstruction, rehabilitation, addition, or other improvement of a structure,the cost of which equals or exceeds 50 percent of the market value of the structure before the "start of construction" of the improvement This term includes structures that have incurred "substantial damage," regardless of the actual repair work performed. The term does not, however,include either: (1)Any project for improvement of a structure to correct exiting violations of State or local health, sanitary, or safety code specification that have been identified by the local code enforcement official and that are the minimum necessary to assure safe living conditions or (2)Any alteration of a"historic structure"provided that the alteration will not preclude the structure's continued designation as a"historic structure." To make the substantial improvement determination or the substantial damage determination we compare the cost of the proposed improvement or repairs to the market value of the building (excluding land, accessory structures, and landscaping). If the resulting ratio equals or exceeds 50 percent, the existing building must be brought into compliance with the floodplain management requirement for new buildings. Cost of improvement or Cost to Repair to Pre-Damage Condition 2 50% Market Value of Building Please Note: • You must provide an estimate of the cost to perform the proposed improvements or repairs. If your building has been damaged, the cost estimate must include all work required to repair the building to its pre-damage condition. The cost estimate must include all labor and materials. If the work will be done by a contractor, the contractor's overhead and profit must be included. If the work will be done by the owner or volunteers, market rates must be used to estimate the cost of materials and the value of labor. Attached to this notice is a list of costs that must be included and costs that are excluded. After we review the cost estimate,we may require that it be broken down to show all materials and labor estimates. • You must provide a market value appraisal of the building that is prepared by a professional appraiser according to standard practices of a profession. We will review the appraisal to determine that it accurately describe your building and does -.- --_ - not include the value of the land,accessory building,and landscaping. Alternatively, we will use the tax assessment value of your building as the estimate of the market value of the building before the work is performed. If you have any questions regarding this information,please contact the Town of Yarmouth, Building Department(508-398-2231 Ext1261). • Requirement for application for Permits for Substantial Improvements and Repair of Substantial Damage Please contact the Town of Yarmouth, building Department(508-398-2231 Ext. 1261) if you have questions about the substantial improvement and substantial damage requirements. Your building may have to be brought into compliance with the floodplain management requirements for new construction. Application for permits to work on exiting building that are located in special Flood Hazzard Areas must include the following: • Current photographs of the exterior(front, rear,sided) • If your building has been damaged, include photographs of the interior and exterior; provide pre-damage photos of the exterior, if available • Detailed description of the proposed improvement(rehabilitation, remodeling, addition.etc.) or repairs • Cost estimate of the proposed improvement or the cost estimate to repair the damaged building to its before-damage condition • Elevation certificate or elevation survey • You may submit a market value appraisal prepared by a licensed professional appraiser or we will use the tax assessment value of the building • Owner's affidavit(sign and dated) • Contractor's affidavit(signed and dated) A • Substantial Improvement Worksheet for Floodplain Construction (for reconstruction,rehabilitation,addition,or other improvements,and repair of damage from any cause) Property Owner. IT f 1 1 \V\D Address: `-\y S \Nt \nl ' Attout\ML (It 1V Permit No.: Location: "l\ e $ S. U,Qn'1N .�V\ 4U. . t')2(4 Description of improvements: (Z�vly�, \ iii,knyWOLIAS Present Market Value of structure ONLY markets raial or ad• s ed { PPsJus'? assessed value,BEFORE improvement,or if damaged,: ,,-. :.::; :. . • beforethe dame g e occurr � . . g d),notindudinglandvahie•..;: ..- '.�" :•"::"�..; '. : ;<'.;-:•..i.;" `1�$3zZJ,00D Actual cost of the construction (see items to mdude/exdude) $(6Z.s.700 'Indude'voluMeer labor and donated suppi es" Ratio= Cost of Improvement(or Cost to Repair) "' ` ' ' % i Market Value )Cloo"o If ratio is 50 percent or greater(Substantial Improvement),entire structure including the existing building must be elevated to the base flood elevation (BFE)and all other aspects brought into compliance. Important Notes: 1. Review cost estimates to ensure that all appropriate costs are included or excluded. 2. If a residential pre-FIRM building Is determined to be substantially improved, it must be elevated to or above the BFE. If a non-residential pre-FIRM building is substantially improved,ft must be elevated or dry floodproofed to the BFE. 3. Proposals to repair damage from any cause must be analyzed using the formula shown above. 4. Any proposed improvements or repairs to a post-FIRM building must be evaluated to ensure that the improvements or repairs comply with floodplain management regulations and to ensure that the improvements or repairs do not alter any aspect of the building that would make it non-compliant 5. Alterations to and repairs of designated historic structures may be granted a variance or be exempt under the substantial improvement definition)provided the work will not preclude continued designation as a"historic structure." 6. Any costs associated with directly correcting health,sanitary,and safety code violations may be excluded from the cost of improvement The violation must have been officially cited prior to submission of the permit application. Determination completed by: Date: . Costs for Substantial Improvements and Repair of Substantial Damage Included Costs Items that must be included in the costs of improvement or costs to repair are those that are directly associated with the building. The following list of costs that must be included is not in- tended to be exhaustive, but characterizes the types of costs that must be included: ■ Materials and labor,including the estimated IN Structural elements and exterior finishes value of donated or discounted materials (cont.): and owner or volunteered labor MI Windows and exterior doors ■ Site preparation related to the improvement Roofing, gutters,and downspouts or repair (foundation excavation,filling in basements) » Hardware ■ Demolition and construction debris disposal El Attached decks and porches ■ Labor and other costs associated with ■ Interior finish elements, including: demolishing,moving, or altering building components to accommodate -3 Floor finishes (e.g., hardwood,ce- improvements, additions, and making ramic,vinyl,linoleum,stone, and repairs wall-to-wall carpet over subflooring) ■ Costs associated with complying with any Bathroom tiling and fixtures other regulation or code requirement that is triggered by the work,including costs 0 Wall finishes (e.g., drywall,paint, sate- to comply with the requirements of the co,plaster,paneling, and marble) Americans with Disabilities Act (ADA) MI Built-in cabinets (e.g.,kitchen,utility, ■ Costs associated with elevating a structure to entertainment,storage, and bathroom) an elevation that is lower than the BFE a� Interior doors ■ Construction management and supervision 01 Interior finish carpentry • Contractor's overhead and profit IN Sales taxes on materials 0 Built-in bookcases and furniture ■ Structural elements and exterior finishes, Et Hardware including Insulation CT Foundations (e.g.,spread or continu- ■ Utility and service equipment,including: ous foundation footings,perimeter walls, chainwalls,pilings, columns, posts, etc.) HVAC equipment EZ Monolithic or other types of concrete Et Plumbing fixtures and piping slabs Electrical wiring, outlets,and switches 13 Bearing walls, tie beams, trusses Light fixtures and ceiling fans 3 Joists,beams,subflooring,framing, 13 Security systems ceilings E, Interior non-bearing walls Built in appliances 12I Exterior finishes (e.g.,brick,stucco,sid- Central vacuum systems ing, painting, and trim) 3 Water filtration,conditioning,and re- circulation systems 4of7 SAMPLE NOTICE FOR PROPERTY OWNERS, CONTRACTORS, AND DESIGN PROFESSIONALS Excluded Costs Items that can be excluded are those that are not directly associated with the building. The fol- lowing list characterizes the types of costs that may be excluded: ■ Clean-up and trash removal ■ Outside improvements,including II to temporarily stabilize a building so landscaping, irrigation,sidewalks, driveways, that it is safe to enter to evaluate required fences,yard lights,swimming pools, repairs pool enclosures,and detached accessory structures (e.g.,garages, sheds. and gazebos) IN Costs to obtain or prepare plans and specifications IICosts required for the minimum necessary work to correct existing violations of health, ■ Land survey costs safety, and sanitary codes ■ Permit fees and inspection fees ■ Plug-in appliances such as washing IN Carpeting and recarpeting installed over machines. dryers,and stoves finished flooring such as wood or tiling SAMPLE NOTICE FOR PROPERTY OWNERS, CONTRACTORS, AND DESIGN PROFESSIONALS 5 of 7 f^4-2 < TOWN OF YARMOUTH le BUILDING DEPARTMENT t 1146 Route 28, South Yarmouth, MA 02664 - V1 Telephone 508-398-2231 ext. 1261 Fax 508-398-0836 Owner's Affidavit: Substantial Improvement or Repair of Substantial Damage Property Address: —11\ ZtvkP to Yrril/AV),_ Vim( 07(0(.I Parcel ID Number:rr� ` 1400-Ar M1 Owners Name: \Zi)Oe(\ VAP\\thn — RU A \ ) 'S Cel _J 1 00-A tt/' Owner's Address/Phone:\ `\\\t\ `CAta )ZNIX,- \rJ .Au�({�(\U �44 O t. 4 Contractor: tk'f&N1\\ 1�04),�i U Contractor's License Number: CC,— MASS Date of contractor's Estimate: 9,\AX% I hereby attest that the description included in the permit application for work on the existing building all improvements, rehabilitation, remodeling, repairs, additions, and other forms of improvement. I further attest that I requested the above-identified contractor to prepare a cost estimate for all of the work, including the contractor's overhead and profit. I acknowledge that if, during the course of construction, I decided to add more work or to modify the work described, that the Town of Yarmouth will re-evaluate its comparison of the cost of work to the market value of the building to determine if the work is substantial improvement. Such re- evaluation may require revision of the permit and may subject the property to additional requirements. I also understand that I am subject to enforcement action and/or fines if inspection of the property reveals that I have or authorized repairs or improvements that were not included in the description of work, and the cost estimate for that work that were basis for issuance of a permit. t&Owner's Signature: rte"— Las t'AL° s A Xr Date: all ,�}1 $ / Notarized: a�/� / H ��� `-r CAROL NOTARY AR•Y PUBLICI• N = _ 1= ._./. Come eeehh of MesoNueets _ \lir '' My Commission Expires lune 24, 2022 .... • --tr.- ( TOWN OF YARMOUTH •WI BUILDING DEPARTMENT ��` ,` 1146 Route 28, South Yarmouth, MA 02664 Telephone 508-398-2231 ext. 1261 Fax 508-398-0836 Contractor's Affidavit: Substantial Improvement or Repair of Substantial Damage Property Address: —1\\ \CoARt? S .%(fqVu 3\tAlkt- 0Z OULk Parcel ID Number: Owner's Name: ` .O\VC OSlit Contractor: c<oa \\\\z` +_(Lan Contractor's License Number: CS-- bw51.. Date of Contractor's Estimate: eJ\0.\o I hereby attest that I have personally inspected the building located at the above-referenced address by the nature and extent of the work requested by the owner, including all improvements, rehabilitation, remodeling, repairs, additions, and any other form of improvement. At the request of the owner, I have prepared a cost estimate for all of the improvement work requested by the owner and the cost estimate includes, at a minimum, the cost elements identified by the Town of Yarmouth that are appropriate for the nature of the work. If the work is repair of damage, I have prepared a cost estimate to repair the building to its pre-damage condition. I acknowledge that if, during the course of construction,the owner requests more work or modification of the work described in the application,that a revised cost estimate must be provided to the Town of Yarmouth, which will re-evaluate its comparison of the cost of work to the market value of the building to determine if the work is substantial improvement. Such re- evaluation may require revision of the permit and may require revision of the permit and may subject the property to additional requirements. I also understand that I am subject to enforcement action and/or fines if inspection of the property reveals that I have made or authorized repairs or improvements that if inspection of the property reveals that I have made or authorized repairs or improvements that were not included in the description of work and the cost estimate for that work that were basis for issuance of a permit. Contractor's Signature 4 Date: 9/349, - Notar'red: / ob. AROL R. GERSHMAN - /�i� 4 C 41 , NOTARY PUBLIC 1t: e..._=., Commonwealth of Massachusetts ;\I./,, ,\.,( MY Commission Expires June 24, 2022 CONSTRUCTION CONTRACT R E C D THIS CONSTRUCTION CONTRACT(the"Contract")dated this 9th day of August,201: SEP 14 2018 1 BUILDING BETWEEN: By. DER/1, sNr CLIENT CONTRACTOR •• , Pier 7 Condominiums Att:Robert Ostellino Randall Henderson 711 Route 28 South Yamouth,Ma 02664 PO box 87 Centerville,Ma.02632 (the"Client") (the"Contractor") BACKGROUND A. The Client is of the opinion that the Contractor has the necessary qualifications,experience and abilities to provide services to the Client. B. The Contractor is agreeable to providing such services to the Client on the terms and conditions set out in this Contract. IN CONSIDERATION OF the matters described above and of the mutual benefits and obligations set forth in this Contract,the receipt and sufficiency of which consideration is hereby acknowledged,the Client and the Contractor(individually the"Party"and collectively the"Parties"to this Contract) agree as follows: SERVICES PROVIDED 1. The Client hereby agrees to engage the Contractor to provide the Client with the following services(the "Services"): • The remodeling of 81 bathrooms to Pier 7 condominiums. 711 route 28 South Yarmouth,Ma.. 2. The Services will also include any other tasks which the Parties may agree on.The Contractor hereby agrees to provide such Services to the Client. TERM OF CONTRACT 3. The term of this Contract(the"Term")will begin on the date of this Contract and will remain in full force and effect until the completion of the Services,subject to earlier termination as provided in this Contract. The Term of this Contract may be extended with the written consent of the Parties. PERFORMANCE 4. The Parties agree to do everything necessary to ensure that the terms of this Contract take effect. roc? 1 of 6 Cor tr,:rton Contract Page 2 of 6 CURRENCY 5. Except as otherwise provided in this Contract,all monetary amounts referred to in this Contract are in USD (US Dollars). COMPENSATION 6. The Contractor will charge the Client a flat fee of$826,200.00 for the Services (the"Compensation"). 7. A deposit of$100,000.00 (the"Deposit")will be payable by the Client. 8. For the remaining amount,the Client will be invoiced as follows: • Initial down payment of$100,000.00 will be required for permitting,general contracting. Purchasing of materials in bulk amounts,in order to receive all required materials on site in a timely manner.Note:60 days is the normal time span required in order to receive materials. 2nd payment of$33,000 required after the first 4 baths are completed to specifications. • 3rd payment of$33,000 required after the first 8 baths are completed to specifications. • 4th payment of$33,000 required after the first 12 baths are completed to specifications. • 5th payment of$33,000 required after the first 16 baths are completed to specifications. • 6th payment of$33,000 required after the first 20 baths are completed to specifications. • 7th payment of$33,000 required after the first 24 baths are completed to specifications. • 8th payment of$33,000equired after the first 28 baths are completed to specifications. • 9th payment of$33,000 required after the first 32 baths are completed to specifications. • 10th payment of$33,000 required after the first 36 baths are completed to specifications. • 12th and final payment of$16,100 will be required after first 40 baths are completed to specifications. 9. Invoices submitted by the Contractor to the Client are due upon receipt. REIMBURSEMENT OF EXPENSES 10. The Contractor will be reimbursed from time to time for reasonable and necessary expenses incurred by the Contractor in connection with providing the Services. 11. All expenses must be pre-approved by the Client. CONFIDENTIALITY 12. Confidential information(the"Confidential Information")refers to any data or information relating to the Conbtruct en Cc nttact pane >of 6 Client,whether business or personal,which would reasonably be considered to be private or proprietary to the Client and that is not generally known and where the release of that Confidential Information could reasonably be expected to cause harm to the Client. 13. The Contractor agrees that they will not disdose,divulge,reveal,report or use,for any purpose,any confidential information which the Contractor has obtained,except as authorized by the Client or as required by law.The obligations of confidentiality will apply during the term of this Contract and will survive indefinitely upon termination of this Contract. 14. All written and oral information and material disclosed or provided by the Client to the Contractor under this Contract is Confidential Information regardless of whether it was provided before or after the date of this Contract or how it was provided to the Contractor. OWNERSHIP OF INTELLECTUAL PROPERTY 15. All intellectual property and related material,including any trade secrets,moral rights,goodwill,relevant registrations or applications for registration,and rights in any patent,copyright,trademark,trade dress, industrial design and trade name(the"Intellectual Property")that is developed or produced under this Contract,is a"work made for hire"and will be the sole property of the Client.The use of the Intellectual Property by the Client will not be restricted in any manner. 16. The Contractor may not use the Intellectual Property for any purpose other than that contracted for in this Contract except with the written consent of the Client.The Contractor will be responsible for any and all damages resulting from the unauthorized use of the Intellectual Property. RETURN OF PROPERTY 17. Upon the expiry or termination of this Contract,the Contractor will return to the Client any property, documentation,records,or Confidential Information which is the property of the Client. CAPACITY/INDEPENDENT CONTRACTOR 18. In providing the Services under this Contract it is expressly agreed that the Contractor is acting as an independent contractor and not as an employee.The Contractor and the Client acknowledge that this Contract does not create a partnership or joint venture between them,and is exclusively a contract for service.The Client is not required to pay,or make any contributions to,any social security,local,state or federal tax,unemployment compensation,workers'compensation,insurance premium,profit-sharing, pension or any other employee benefit for the Contractor during the Term. The Contractor is responsible for paying,and complying with reporting requirements for,all local,state and federal taxes related to payments made to the Contractor under this Contract. NOTICE 19. All notices,requests,demands or other communications required or permitted by the terms of this Contract will be given in writing and delivered to the Parties at the following addresses: erg r.;truct:chi Conlrdn Pane 1 of 6 a. Pier 7 Condominiums Att:Tricia Tibbetts General manager 711 Route 28 South Yarnouth,Ma 02664 b. Randall Henderson PO box 87 Centerville,Ma.02632 or to such other address as either Party may from time to time notify the other,and will be deemed to be properly delivered(a)immediately upon being served personally,(b)two days after being deposited with the postal service if served by registered mail,or(c) the following day after being deposited with an overnight courier. INDEMNIFICATION 20. Except to the extent paid in settlement from any applicable insurance policies,and to the extent permitted by applicable law,each Party agrees to indemnify and hold harmless the other Party,and its respective affiliates,officers,agents,employees,and permitted successors and assigns against any and all claims, losses,damages,liabilities,penalties,punitive damages,expenses,reasonable legal fees and costs of any kind or amount whatsoever,which result from or arise out of any act or omission of the indemnifying party;its respective affiliates,officers,agents,employees,and permitted successors and assigns that occurs in connection with this Contract.This indemnification will survive the termination of this Contract. MODIFICATION OF CONTRACT 21. Any amendment or modification of this Contract or additional obligation assumed by either Party in connection with this Contract will only be binding if evidenced in writing signed by each Party or an authorized representative of each Party. TIME OF THE ESSENCE 22. Time is of the essence in this Contract.No extension or variation of this Contract will operate as a waiver of this provision. ASSIGNMENT 23. The Contractor will not voluntarily,or by operation of law,assign or otherwise transfer its obligations under this Contract without the prior written consent of the Client. ENTIRE AGREEMENT 24. It is agreed that there is no representation,warranty;collateral agreement or condition affecting this Contract except as expressly provided in this Contract. ENUREMENT 25. This Contract will enure to the benefit of and be binding on the Parties and their respective heirs, executors,administrators and permitted successors and assigns. Cnt;strur_t nn Cr$nh.,ct P..,3e 5 rf 6 TITLES/HEADINGS 26. Headings are inserted for the convenience of the Parties only and are not to be considered when interpreting this Contract. GENDER 27. Words in the singular mean and indude the plural and vice versa.Words in the masculine mean and include the feminine and vice versa. GOVERNING LAW 28. This Contract will be governed by and construed in accordance with the laws of the Commonwealth of Massachusetts. SEVERABILITY 29. In the event that any of the provisions of this Contract are held to be invalid or unenforceable in whole or in part,all other provisions will nevertheless continue to be valid and enforceable with the invalid or unenforceable parts severed from the remainder of this Contract. WAIVER 30. The waiver by either Party of a breach,default,delay or omission of any of the provisions of this Contract by the other Party will not be construed as a waiver of any subsequent breach of the same or other provisions. 31. Notice: Any unforeseen issues such as plumbing behind walls and in basement areas, will be an additional expense to the client. Due to changing code issues. Existing leaks would need to be repaired, non functioning shut off valves would have to be replaced.Any additional charges will be on a time and material bases. Plumbing allowances are at $2700.00 per bathroom. Any additional expenses will be at the owner/client expense. IN WITNESS WHEREOF the Parties have duly affixed their signatures under hand and seal on this 9th day of August,2018. Conti rut tar.Contact Foie.6 of 6 Pier 7 Condominiums Att:Robert Ostellino Randall Henderson 2CO2-201 r LawDepct.com" TAYLOR BUILDING AND REMODELING CONTRACTUAL STIPULATIONS 8/09/18 Property: Pier 7 Condominiums 711 Route 28 Yarmouth, MA 02664 Contractor: Randall Henderson PO Box 87 Centerville, Ma. 02632 The following proposal is for all 81 existing bathrooms to be remodeled at Pier 7 Condominiums, South Yarmouth Ma. 02664 Description of work proposed: 1) Apply for all proper building permits with town. 2) Demo sections of 8 bathrooms to begin project. As first eight bathrooms proceed with construction, the following eight sectioned bathrooms will begin demolition process accordingly. There will be a total of 16 bathrooms out of commission for increments of 3 weeks. 3) After each bath is demoed, each floor and plumbing walls in each bath, will be repaired and brought back to original state and prepared for new construction. 4) Frame in all first-floor ceilings and prepare for drywall. Venting lights and fans will be installed to all bath ceilings not currently having one. All existing ceiling lights and fans will be replaced. 5) Perform all rough plumbing and electrical. Install shower pan/tub units. Perform all required inspections. (Shower pan will be a Shower Base G 60x32 manufactured by Oasis. Tub units will be American Standard Three Wall Alcove Soaking Tub Princeton Bath. 32"x60", low profile tub for easier access.) Manufacturers subject to change due to availability. 6) Install Drywall and plaster to all areas. 7) Install flooring. Flooring materials, will be a commercial grade sheet material made by Mannington. 8) Apply first coat of paint. 9) Install tile to tubs/showers. All tile will be an 6"x12" ceramic based tile. One niche will be installed in each shower at the center of back wall. 10) Perform all finish trim work including installing vanities and doors. All vanities will be a raised vanity, in order to keep moisture from building up on floor. Bathroom entry door will be a sliding barn style door. 11) Apply finish paint. 12) Perform all plumbing finish work. Plumbing fixtures will be manufactured by Symmons. Toilet will be by Moen and will be a high profile toilet for comfort. Manufactures subject to change due to availability. 13) Install shower and tub glass doors. 14) Perform all finish electrical work. 15) Perform all necessary final inspections. Notes: Any unforeseen issues such as plumbing behind walls and in basement areas, will be an additional expense to the client. Due to changing code issues. Existing leaks would need to be repaired, nonfunctioning shut off valves would have to be replaced. Any additional charges will be on a time and material bases. Plumbing allowances are at $2700.00 per , bathroom. Any additional expenses will be at the owner/client expense. The Time scale for the bathroom project would be over a 5-month period for 40 bath units, in accordance with management. The first 4o bath units would be done within a calendar year. The second 41 units would be done the following calendar year, in accordance with management. Total contractual cost: $826,200.00 ($10,200.00 per bathroom) Robert Ostellino Date: Randall Henderson Date: