HomeMy WebLinkAboutBuilding Permit #482-13 - 31 ROYAL CREST DRIVE 12/21/2012TOWN OF NORTH ANDOVER
2APPLICATION FOR PLAN EXAMINATION
Permit NO: l762 3 Date Received
Date Issued: / .12P III 2
IMPORTANT: Applicant must complete all items on this page
LOCATION.
PROPERTY OWNER Mt .& j� /�-Gnnt-,;, __.Z-�C
_
Print 100 Year Old Structure
MAP NO: PARCEL-: ZONING,DISTRICT: Historic,;District,
Machine:Shop Village
yes' no.
yes no.
TYPE OF IMPROVEMENT
PROPOSED USE
Residential
Non- Residential
❑ New Building
❑ One family
❑ Addition
Cf' fwo or more family
❑ Industrial
❑ Alteration
No. of units:
❑ Commercial
❑ Repair, replacement
❑ Assessory Bldg
❑ Others:
❑ Demolition
❑ Other
❑ Septic, ❑ Well .
11 Floodplain' ❑ Wetlands
❑ Watershed District,
E -V ater/Sewer
DESCRIPTION OF WORK TO BE PERFORMED:
ke &Y c�l
Identifica ' n PIor
a Zpe o Print Clearly)
OWNER: Name: 1 1M CCS �l/OU �aL< L� C Phone:
Address: ' !o Loved / )" v P
CONTRACTOR` Name:
.Address:
2
Supervisor's Construction. License' G 5 �� � Exp:. Date: ..._.
Home Improvement License-: J.5
Date.-
ARCHITECT/ENGINEER Phone:
Address:
Reg. No
FEE SCHEDULE: BULDING PERMIT: $12.00 PER $1000.00 OF THE TOTAL ESTIMATED COST BASED ON $125.00 PER S.F.
Total Project Cost: $ 66 FEE: $ 7J..e.��
Check No.: �'��� Receipt No.: 26 O
NOTE: Persons contracting with unregistered contractors do not have access to the guaran fund
r�
Signature of�Agent/Owher;' Signature of contractor .. '
Plans Submitted ❑ Plans Waived ❑ Certified Plot Plan ❑ Stamped Plans ❑
i
Ll
Plans Submitted ❑ Plans Waived ❑ Certified Plot Plan ❑ Stamped Plans ❑
TYPE OF SEWERAGE DISPOSAL
Public Sewer ❑
Tanning/Massage/Body Art ❑
Swimming Pools ❑
Well ❑
Tobacco Sales ❑
Food Packaging/Sales ❑
Private (septic tank, etc. ❑
Permanent Dempster on Site ❑
THE FOLLOWING SECTIONS FOR OFFICE USE ONLY
INTERDEPARTMENTAL SIGN OFF - U FORM
DATE REJECTED
PLANNING & DEVELOPMENT ❑
COMMENTS
DATE APPROVED
CONSERVATION Reviewed on Signature
COMMENTS
HEALTH Reviewed on Signature
COMMENTS
Zoning Board of Appeals: Variance, Petition No: Zoning Decision/receipt submitted yes
i Planning Board Decision:
Conservation Decision:
Com
Comments
Water & Sewer Connection/Signature & Date Driveway Permit
]DPW Towi., Engineer: Signature:
Located 384 Osciood Street
FIRE DEPARTMENT _ Temp Dumpster on site yes no
Located at'124 Main Street
Fire Departinent-signatUte/date `
k"
COMMENTS
Dimension
Number of Stories: Total square feet of floor area, based on Exterior dimensions.
Total land area, sq. ft.:
ELECTRICAL: Movement of Meter location, mast or service drop requires approval of
Electrical Inspector Yes No
DANGER ZONE LITERATURE: Yes No
MGL Chapter 166 Section 21A—F and G min.$100-$1000 fine
NOTES and DATA — For department use
El Notified for pickup - Date
i
I
Doc.Building Permit Revised 2010
Building Department
The following is a list of the required forms to be filled out for the appropriate permit to be obtained.
Roofing, Siding, Interior Rehabilitation Permits
o Building Permit Application
❑ Workers Comp Affidavit
❑ Photo Copy Of H.I.C. And/Or C.S.L. Licenses
❑ Copy of Contract
o Floor Plan Or Proposed Interior Work
❑ Engineering Affidavits for Engineered products
NOTE: All dumpster permits require sign off from Fire Department prior to issuance of Bldg Permit
Addition Or Decks
o Building Permit Application
❑ Certified Surveyed Plot Plan
a Workers Comp Affidavit
❑ Photo Copy of H.I.C. And C.S.L. Licenses
a Copy Of Contract
❑ Floor/Crossection/Elevation Plan Of Proposed Work With Sprinkler Plan And
Hydraulic Calculations (If Applicable)
o Mass check Energy Compliance Report (If Applicable)
❑ Engineering Affidavits for Engineered products
NOTE: All dumpster permits require sign off from Fire Department prior to issuance of Bldg Permit
New Construction (Single and Two Family)
❑ Building Permit Application
❑ Certified Proposed Plot Plan
❑ Photo of H.I.C. And C.S.L. Licenses
❑ Workers Comp Affidavit
❑ Two Sets of Building Plans (One To Be Returned) to Include Sprinkler Plan And
Hydraulic Calculations (If Applicable)
❑ Copy of Contract
❑ Mass check Energy Compliance Report
a Engineering Affidavits for Engineered products
NOTE: All dumpster permits require sign off from Fire Department prior to issuance of Bldg Permit
In all cases if a variance or special permit was required the Town Clerks office must stamp the decision from the Board of Appeals
that the appeal period is over. The applicant must then get this recorded at the Registry of Deeds. One copy and proof of recording
must be subm;tted with the�building application
Doc: Doc.Building permit Revised 2012
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A CERTIFICATE OF LIABILITY INSURANCE DATE M)
12/13/2!12012
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES
BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED
REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER,
IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(les) must be endorsed. If SUBROGATION IS WAIVED, subject to
the terms and conditions of the policy, certain policies may require an endorsement, A statement on this certificate does not confer rights to the
certificate holder in lieu of such endorsement(s).
PRODUCER CONTACT Jean Sullivan, CIC, AIS
Burgin, Platner, Hurley Insurance Agency, LLC PHONE(617)472-3000 F (617)472-7240
14 Franklin St. EMIA1ciasftnhins.aom
Quincy MA 02169 INSURERA:Hanover Insurance Company
INSURED INSURERB:Safety Indemnity Insurance Co
B & M Restoration & Contracting, Inc. INSURERC:Acadia Insurance Company
107 Orleans Street IMQIIDD93 n -
ast Boston MA 02128 INSURER F'
enVrRerar-c f!�ATICI(!ATC RII IaMDCD 9(119-1 4Mse*e.rt.,.ia� s..i nw�a.�u w ure.e
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED. NOTWITHSTANDING ANY 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, LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
LTINSR
TYPE OF INSURANCE
POLICY NUMBER
POLICY EFF
POLICY EXP
LIMITS
A
GENERAL LIABILITY
X COMMERCIAL GENERAL LIABILITY
CLAIMS -MADE Fx-I OCCUR
y
N
ZHN8997647
Additional Insured
Primary by Written
,'-ontract
/17/2012
3/17/2013
EACH OCCURRENCE $ 2,000,000
DAMAGE TO RENT
PREMISESEa occurrence) $ 100,000
MED EXP (Any one arson $ 5,000
PERSONAL &ADV INJURY $ 2,000,000
GENERAL AGGREGATE $ 4,000,000
GEN'L AGGREGATE LIMIT APPLIES PER:
X POLICY F1 PRO" LOC
PRODUCTS - COMP/OP AGG $ 4,000,000
$
B
AUTOMOBILE LIABILITY
ANY AUTO
ALL OWNEDSCHEDULED
AUTOS X AUTOS
X HIRED AUTOS X NON -OWNED
AUTOS
y
y
6208157
Additional Insured
per Written Contract
giver of Subrogation
11/6/2012
11/6/2013
COMBINED
L 11000,000
(Ea ident)BODILY
INJURY (Per person) $
BODILY INJURY (Per accident) $
PROPERTY DAMAGE $
Per accident)
PIP -Basic $ 8,000
A
XUMBRELLALIAB
EXCESS LIAB
X
OCCUR
CLAIMS -MADE
y
N
HN905512100
ollow Form
/17/2012
3/17/2013
EACH OCCURRENCE $ 5,000,000
AGGREGATE $ 5,000,000
DED I X I RETENTION
$
C
WORKERS COMPENSATION
AND EMPLOYERS' LIABILITYEJL
ANY PROPRIETOR/PARTNER/EXECUTIVE Y/ N
OFFICERIMEMBER EXCLUDE07 O
(Mandatory In NH)
If yyes describe under
DESCRIPTION OF OPERATIONS below
N / A
N
C-20-20-003740-00
6/10/2012
6/10/2013
S I WC STATTORY LIMU- OTH-
E.L.EACH ACCIDENT $ 1,000,000
-
E.L. DISEASE - EA EMPLOYEE $ 1,000,000
E,L DISEASE - POLICY LIMIT $ 1,000,000
DESCRIPTION OF OPERATIONS/ LOCATIONS /VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space Is required)
Contract# 13651 -422094 -CP -00004; Owner is additional insured,
E
AIMCO North Andover LLC
50 Royal Crest Drive
North Andover, MA 01845
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
ACCORDANCE WITH THE POLICY PROVISIONS,
AUTHORIZED REPRESENTATIVE
K Besse, CIC CISR CPI
P%W%AR.,'Lu t6u rvrva) 011983-2010 ACORD CORPORATION. All rights reserved.
Fti'tSMMM62d with DdfFactory trial`vcf' Oft rroacwzUf att'tS►"tT.,def r � �`'�� A/1ADr1
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The Commonwealth of Massachusetts
Department of Industrial Accidents
Office of Investigations
600 Washington Street
Boston, MA 02111
UT. www. mass.gov/dia
Workers' Compensation Insurance Affidavit: Builders/Contractors/Electricians/Plumbers
i a�a�c 1 11111. LC lUl
Name (Business/Organization/Individual): n Ga H c� M
Address: j o
City/State/Zip: �5
Phone #:
Are you an employer? Check the appropriate box:
L E91 am a employer with Z—
4. ❑ I am a general contractor and I
employees (full and/or part-time).*
2. ❑
have hired the sub -contractors
1 am a sole proprietor or partner-
listed on the attached sheet. t
ship and have no employees
These sub -contractors have
working for me in any capacity.
workers' comp. insurance.
[No workers' comp. insurance
5. ❑ We are a corporation and its
required.]
3. ❑ 1 am a homeowner doing all work
officers have exercised their
right of exemption per MGL
myself. [No workers' comp.
c. 152, § 1(4), and we have no
insurance required.] t
employees. [No workers'
comp. insurance recluired.l
Type of project (required):
6. ❑ New construction
7. ❑ Remodeling
8. ❑ Demolition
9. ❑ Building addition
10.0 Electrical repairs or additions
11.❑ Plumbing repairs or additions
12.0 Roof repairs
13.❑ Other
"'Any applicant that checks box 41 must also fill out the section below showing their workers' compensation policy information.
f Homeowners who submit this affidavit indicating they are doing all work and then hire outside contractors must submit a new affidavit indicating such.
tContractors that check this box must attached an additional sheet showing the name of the sub -contractors and their workers' comp. policy information.
ram an employer that is providing workers' compensation insurance for my employees. Below is the policy and job site
reformation.
nsurance Company Name: kl Gi m 1.1(,t e t,, i -,e c1 -L Y Ll,
'olicy # or Self -ins. Lic. Expiration Date: sLob Z
ob Site Address:(Z ��C '„L- �G.�t"iy City/State/Zip:
attach a copy of the workers;/"Co M--pensation policy declaration page (showing the policy number and expiration date).
ailure to secure coverage as required under Section 25A of MGL c. 152 can lead to the imposition of criminal penalties of a
ine up to $1,500.00 and/or one-year imprisonment, as well as civil penalties in the form of a STOP WORK ORDER and a fine
f up to $250.00 a day against the violator. Be advised that a copy of this statement may be forwarded to the Office of
lvestigations of the DIA for insurance coverage verification.
do hereby certify udder the painsun�d�penalties of perjury that the information provided above is true and correct.
A 1/ i
L/2> //L
7—
hone #: G / 2 46 l - e7-� (�e- /
Official use only. Do not write in this area, to be completed by city or town official.
City or Town: Permit/License #
Issuing Authority (circle one):
1. Board of Health 2. Building Department 3. City/Town Clerk
6. Other
Contact Person:
4. Electrical Inspector 5. Plumbing Inspector
Phone #:
Information and Instructions
Massachusetts General Laws chapter 152 requires all employers to provide workers' compensation for their employees.
Pursuant to this statute, an employee is defined as "...every person in the service of another under any contract of hire,
express or implied, oral or written."
An employer is defined as "an individual, partnership, association, corporation or other legal entity, or any two or more
of the foregoing engaged in a joint enterprise, and including the legal representatives of a deceased employer, or the
receiver or trustee of an individual, partnership, association or other legal entity, employing employees. However the
owner of a dwelling house having not more than three apartments and who resides therein, or the occupant of the
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."
MGL chapter 152, §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 commonwealth for any
applicant who has not produced acceptable evidence of compliance with the insurance coverage required."
Additionally, MGL chapter 152, §25C(7) states "Neither the commonwealth nor 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 fill out the workers' compensation affidavit completely, by checking the boxes that apply to your situation and, if
necessary, supply sub-contractor(s) name(s), address(es) and phone number(s) along with their certificate(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
be returned to the city or town that the application for the permit or license is being requested, not the Department of
Industrial Accidents. Should you have any questions regarding the law or if you are required to obtain a workers'
compensation policy, please call the Department at the number listed below. Self-insured companies should enter their
self-insurance license number on the appropriate line.
City or Town Officials
Please 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 sure to fill in the permit/license number which will be used as a reference number. In addition, an applicant
that must submit multiple permit/license 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 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 burn leaves etc.) said person is NOT required to complete this affidavit.
The Office of Investigations would like to thank you in advance for your cooperation and should you have any questions,
please do not hesitate to give us a call.
The Department's address, telephone and fax number.:
The Commonwealth of Massachusetts
Department of Industrial Accidents
Office of Investigations
600 Washington Street
Boston, MA 02111
Tel. # 617-727-4900 ext 406 or 1-877-MASSAFE
Fax # 617-727-7749
Revised 5-26-05
www.mass.gov/dia
A *1 M C
Alr ,.� h�
To: Caul Bruno at B & M Restoration and Contracting
From: MATULA, DAN, Executive Vice President Redevelopment & Construction Services
ORGAN, TONY, Vice President of Construction, Construction Services
STEICH, MATTHEW, Regional Director of Construction, Construction Services
Milinazzo, Dan, Project Manager, Construction Services
Date: December 4, 2012
Re: Executed Contract and Related Matters
Attached is your copy of the executed contract with AIMCO NORTH ANDOVER, L.L.C., an affiliate of
Apartment Investment and Management Company ("Aimco"), for construction services at Royal Crest
Estates (North Andover). We want to take this opportunity to inform you that Aimco is committed to
conducting its business in accordance with applicable laws, rules and regulations and the highest
standards of business ethics. If during the period of your business relationship with Aimco, you believe the
Almco team members With whom you are dealing are not living up to these standards, we ask that you
report such conduct to one of the following:
• MATULA,DAN, Executive Vice President Redevelopment & Construction Services: (303) 691.4547
COHN,LISA, Executive Vice President and General Counsel: (303) 691.4415
HANSON,MIKE, Vice President—Internal Audit: (303) 691.4376
If you prefer to remain anonymous, you may make a report using Aimco's anonymous and confidential
reporting system, MySafeWorkplace, which Is available 24 hours a day,.seven days a week via the Internet
at www.MySafeWorkplace,com or by calling 1-888-481-7123, We encourage you to use MySafeWorkplace
only if you do not feel comfortable reporting Issues directly to an Aimco representative,
We would also like to remind you that Aimco has a Code of Business Conduct and Ethics, which prohibits
Almco employees from accepting meals, entertainment, services or gifts from anyone who does business
with Aimco unless the amount of such Item Is less than $25. AIMCO Construction Services has a $0 policy,
This provision is to specifically include, but is not limited to, suppliers or other contracted labor utilized
under this project. It Is the responsibility of this Contractor to advise any subcontracts or suppliers of the
AIMCO Code of Business Conduct and Ethics.
Short Form, GC, Lump Sum, Contract, 2 -JAN -12 1 of 6
GENERAL CONSTRUCTION SERVICES CONTRACT
Contract Number: 13651 - 422094 •• CP - 00004
Contractor;
13 & M Restoration and Conlractin
Property:
Royal Crest Estates Noilh Andover
Address:
107 Orleans Street
East Boston, MA 02128
Location:
50 Royal Crest Drive
North Andover, MA 1845
Representative:
Paul Bruno
Issuin Office:
AIMCO Regional Office
.Telephone:
6-17 561.9998
Address:
Two Greenwood Square 3331 Street Road
Bensalem, PA 19020
Facsimile;
E-mail: Bru1o71 u comcast•net
Contract Sum;
$133,680,00
Contract?
Lump Surn
This General Construction Services Contract ("Contract") Is effective as of the 12.3,2012, by and between B & M Restoration and Contracting
('CONTRACTOR') and A1MCO NORTH ANDOVER, L.L.C., ('OWNER') for construction and services to be performed and/or material to be
supplied for the property known as Royal Crest Estates (North Andover) (the "Property"). In consideration of the acceptance of CONTRACTOR's
bid and/or proposal for furnishing supplies, goods and/or services to the Property and the mutual covenants and agreements set forth herein, the
parties agree as follows:
1.0 WORK OF THIS CONTRACT
1,1 CONTRACTOR agrees to fully execute and perform the construction and services required by, and reasonably Inferable from, the
Contract Documents (as hereinafter defined) In connection with the Property, Including, but not limited to, the construction and services set forth
In, and reasonably inferable from Exhibit "A" attached hereto (the "Work'): Masonry flashing at Foundation, The "Contract Documents" consist
of this Contract, Exhibits to the Contract (including the drawings, specifications or addenda referenced In Exhibit "13'x, and any Change Orders
executed after the execution of the Contract, CONTRACTOR acknowledges that the Work shall be performed for the benefit of both OWNER
and the beneficial owner of the Property (the "Property Owner'), The Work shall comply with all applicable federal, state and local laws and
regulations, Including, by way of Illustration and not limitation, the Americans with Disabilities Act, the Fair Housing Act and the Occupational
Safety and Health Act (28 CFR) ('taws').
1.2 CONTRACTOR accepts the relationship of trust and confidence established with OWNER by this Contract and covenants with
OWNER to exercise the highest degree of skill, care and judgment In the performance of the Work hereunder and In furthering ther interest of
OWNER.
2,0 DATE OF COMMENCEMENT, CONSTRUCTION SCHEDULE, ACCELERATION AND LIQUIDATED DAMAGES
2.1 The date of commencement of the Work shall be the date set forth below, unless a different date Is set forth in a written Notice to
Proceed Issued by OWNER, In which case the date set forth In the Notice. to Proceed shall control {the Date of Commencement').
CONTRACTOR shall achieve Final Completion of the Work no later than the Data of Final Completion set forth below. "Final Completion" or
"Finally Complete" shall mean the stage In the progress of the Work when the Work, or designated portion thereof, Is, In OWNER's reasonable
opinion, fully complete (including any punch list Items) In accordance with the Contract Documents so that OWNER can occupy or utilize the
Work for its Intended use.
Date of Commencement 12/17/2012 Date of Final Completion-. 03/01/2013
2.2 CONTRACTOR shall prepare and submit to OWNER for approval a construction schedule (the "Construction Schedule's based on
and consistent with the dates set forth above and any other OWNER requirements. Upon approval of the Construction Schedule shall become
part of this Contract as Exhibit "D". TIME IS OF THE ESSENCE. The Work shall be performed In strict accordance with the Construction
Schedule, subject to any adjustments thereto In accordance with the terms of this Contract.
2.3 If CONTRACTOR's fate of progress is such that the amount of Work completed within any time period specified by the Construction
Schedule is less than the amount required to be completed within such time, and it reasonably appears that CONTRACTOR shall be unable to
achieve the completion of the Work in accordance with the dates set forth in the Construction Schedule, OWNER may direct CONTRACTOR to
accelerate the Work by Issuing a notice to accelerate. Upon such notice, CONTRACTOR shall be obligated to employ such extraordinary
measures as necessary to bring the Work Into conformity with the Construction Schedule and CONTRACTOR shall not be entitled to an
Increase in the Contract Sum, OWNER may also direct CONTRACTOR to accelerate the Work without cause by Issuing a written notice to
CONTRACTOR requesting such acceleration. CONTRACTOR expressly agrees that Its sole and exclusive remedy for such acceleration shall
be an adjustment of the Contract Sum by Change Order (as hereinafter defined) in the amount of the costs incurred directly by the
subcontractors as a result of the acceleration.
2.4 CONTRACTOR acknowledges that in the event that it falls to achieve Final Completion of the Work, or designated portions of the
Work by the dates set forth In this Contract, OWNER will Incur substantial damages and the extent of such damages shall be Incapable or very
difficult of accurate measurement. Nonetheless, the parties acknowledge that as of the execution date of this Contract, the amount of liquidated
damages set forth in Exhibit "C" represents a good faith estimate on the part of the parties as to the actual damages that would be Incurred as a
result of late completion, The amount of such liquidated damages does not include any penalty, Liquidated damages will be assessed by
OWNER when Incurred or in such manner as OWNER deems appropriate,
3.0 COMPENSATION, PAYMENTS AND FINAL PAYMENT
Short Form, GC, Lump Sum, Contract, 2 -JAN -12 2 of 6
3.1 OWNER will pay CONTRACTOR the Contract Sum In current funds for CONTRACTOR's full and faithful performance of the Work In
accordance with the terms of the Contract. The Contract Sum shall be as set forth In Exhibit "C", subject to additions and deletions as provided
In the Contract Documents,
3.2 For the Work provided hereunder, CONTRACTOR agrees to provide OWNER with "Applications for Payment" in the form attached
hereto as Exhibit "E" or as otherwise directed by Owner, In writing. CONTRACTOR shall send each Application for Payment to the
person(s) and location(s) designated by OWNER. Based upon OWNER's review and approval of Applications for Payment submitted to
OWNER by CONTRACTOR for performance of the Work, OWNER will make payments as provided herein. The period covered by each
Application for Payment shall be one calendar month. CONTRACTOR shall submit Applications for Payment no more than once a calendar
month, Owner will pay CONTRACTOR that amount set forth in the Application for Payment within 30 days after OWNER's receipt of an
Application for Payment, less those amounts properly withheld pursuant to the terms of this Contract. Owner may utilize any one of the
following as a basis for rejecting, and requiring CONTRACTOR to resubmit, an Application for Payment: I) failure to specify the full
contract number; Ii) failure to submit full supporting documentation required by Paragraph 3.3; 111) submission of an Application for
Payment bearing a date that 1s more then seven (7) days earlier than the data such Application for Payment Is actually received by
OWNER; or Iv) any other basis provided In this Contract.
3.3 Unless waived by OWNER In writing, CONTRACTOR agrees to provide waivers and releases of Ilens from CONTRACTOR, all
subcontractors and suppliers of Work under this Contract (the "Release Documents') In the form attached hereto as Exhibit "E" and any other
evidence in a form satisfactory to OWNER demonstrating that all labor, materials, bills, invokes, payroll taxes of any kind and any other
Indebtedness incurred by CONTRACTOR up to and including the date of invoicing have been paid in full prior to or in exchange for payment to
CONTRACTOR. If CONTRACTOR is aware or becomes aware that the Release Documents are not effective under, or otherwise do not satisfy,
the Laws and requirements of the state in which the Project Is located, it shall be the responsibility of CONTRACTOR to notify OWNER and to
provide the lien waivers and releases required hereunder on forms that satisfy the Laws and requirements of such state. Failure to notify
OWNER where CONTRACTOR knew, or should have known, that the Release Documents were Ineffective under, or otherwise failed to satisfy,
the laws of the state In which the Project Is located shall be a breach of this Contract and CONTRACTOR shall be liable for any damages
Incurred by OWNER as a result of such breach,
3.4 OWNER may withhold any payment, including the retainage, to CONTRACTOR, for CONTRACTOR's failure to fulfill its contractual
obllgat)ons In any manner (a "Disputed Amount"). OWNER may withhold such Disputed Amount unfit the dispute is resolved by settlement,
dispute resolution or judicial determination. However, both OWNER and CONTRACTOR shall use best efforts to resolve any such disputes
expeditiously. CONTRACTOR shall continue to perform the Work through any dispute and shall not have the right to terminate performance
under this Contract other than as provided In Paragraph S.
3.5 When the entire Work is Finally Complete In accordance with this Contract, CONTRACTOR's subsequent Application for Payment
shall be calculated to include a sum sufficient to Increase the total payments to the full amount of the Contract Sum. "Final Payment", consisting
of all amounts actually remaining due CONTRACTOR pursuant to this Contract, will be made by OWNER not later than 30 days after
CONTRACTOR has achieved Final Completion, has satisfied all requirements for Final Payment set forth herein, and has submitted to OWNER
the final Application for Payment. A precondition to CONTRACTOR's entitlement to Final Payment shalt be the execution and delivery of final
Release Documents. The acceptance of Final Payment shall constitute a waiver of all claims by CONTRACTOR against the Indemnified Parties
(as defined In Paragraph 7,2), except Insofar as CONTRACTOR has previously notified OWNER In writing. The making of Final Payment shall
not constitute acceptance of the Work or of any goods or materials provided under the Contract nor shall It constitute a waiver of any rights or
claims of OWNER.
3,6 CONTRACTOR shall maintain books and records with respect to the Work to be provided hereunder and the fees to be paid
hereunder. OWNER will, for a period of two (2) years after the expiration, completion or the termination of this Contract, have the right to review
and audit the books and records of CONTRACTOR with respect to such Work and fees. The CONTRACTOR shall Include a provision similar to
this Paragraph 3.6 in each of its subcontract agreements requiring Subcontractor to, among other things, keep detailed accounting records and
to permit OWNER and the OWNER's accountants access to the Subcontractors' records, books, correspondence, instructions, drawings,
receipts, subcontracts, purchase orders, vouchers, memoranda and other data relating to this Project.
4.0 CHANGES IN THE WORK
4.1 OWNER, without invalidating the Contract, may at any time order extra work or make changes by altering, adding to or deducting from
the Work, the Contract Sum being adjusted accordingly, All such extra or changed work shall be authorized by a written order to
CONTRACTOR signed by OWNER authorizing an extra or a change In the Work or an adjustment In the Contract Sum or the Construction
Schedule, as applicable (a "Change Order's. The form and substance of the Change Order will be as set forth on Exhibit "E" unless OWNER
provides CONTRACTOR with written notification that an alternate form will be utilized. Upon receipt of such Change Order executed by
OWNER, CONTRACTOR shall promptly proceed with such extra or changed Work Involved and such extra or changed work will constitute a
portion of the Work,
5:0 OWNER
5.1 OWNER will designate the representative authorized to act on OWNER's behalf with respect to the Project ("OWNER's
Representative'). OWNER, either directly or through Its representative, will provide administration of this Contract. OWNER's
Representative will have authority to reject Work that does not conform to the Contract Documents, OWNER may change OWNER's
Representative by notice to CONTRACTOR In writing. OWNER's Representative will be the following individual(s):
Name: M►linazzo, Dan
Address: Two Greonwood Square 3331 Slroot Road
Bensalem, PA 19020
5.2 If CONTRACTOR falls to perform or correct Work that Is not In accordance with the Contract Documents, OWNER may direct
CONTRACTOR, in writing, to stop the Work until the correction is made. OWNER will have the right at any time to direct CONTRACTOR to
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suspend CONTRACTOR's performance of the Work or any portion of the Work for any reason whatsoever, or without reason, for such period of
time as OWNER may determine.
5.3 OWNER reserves the right to perform construction or operations related to the Project with OWNER's own forces, and to award
separate contracts In connection with other portions of the Project.
6.0 CONTRACTOR
6.1 CONTRACTOR shall solely have control over or charge of and will be solely responsible for construction means, methods,
techniques, sequences or procedures, or for safety precautions and programs in connection with the Work. CONTRACTOR shall be solely
responsible for failure to carry out the Work In accordance with the Contract Documents, The CONTRACTOR shall require all on-site personnel
of the CONTRACTOR, Its Subcontractors, Sub -Subcontractors or any other entity for whom CONTRACTOR may be responsible, to wear hard
hats and orange colored vests, as well as any other appropriate protective clothing and gear as may be required by Law or reasonably
requested by the Owner.
6.2 CONTRACTOR warrants to OWNER that materials and equipment furnished under the Contract will be of good quality and new
unless otherwise required or permitted by the Contract Documents, that the Work will be free from defects not Inherent In the quality required or
permitted, will be fully compatible with existing materials and equipment and that such Work will conform with the requirements of the Contract
Documents. Work not conforming to these requirements may be considered defective. CONTRACTOR's warranty excludes remedy for
damage or defect caused by abuse, modifications not executed by CONTRACTOR, Improper or insufficient maintenance, Improper operation or
normal wear and tear under normal usage.
6.3 Upon notice from OWNER, CONTRACTOR shall promptly remedy any Work that is found not to be In accordance with the
requirements of the Contract Documents, and pay for any damage to other work resulting therefrom, which shall appear within a one (1) year
period from the actual date of Final Completion of the Work, Notwithstanding the foregoing If the terms of specific warranties required by any of
the Contract Documents stipulate a longer time period, the longer time period shall govern.
6.4 All Work shall be subject to tests and inspections at all reasonable times and at all places prior to acceptance, Inspections and tests
shall not be construed as constituting or Implying acceptance of the Work.
6.5 Regardless of passage of this, the risk of loss to any materials, equipment and furnishings, provided or to be provided pursuant to this
Contract, shall remain with CONTRACTOR until OWNER accepts such materials, equipment and furnishings.
6.6 All laborers and workers, while working in and around the Project, shall act In a professional manner. CONTRACTOR shall enforce
proper discipline and decorum among all laborers and workers on the Project and shall control, among other things; ) noise, including music; ii)
the use of offensive language; ii) smoking or drinking of alcoholic beverages on the Project Site; iv) physical violence; v) riding In the passenger
elevators; vi) thievery; and vi) the transportation of articles or materials deemed hazardous. If OWNER determines, in its sole discretion, that
any taborer or worker needs to be removed due to his or her failure to comply with the terms of this provision, CONTRACTOR shall remove such
laborer or worker from the Project Site Immediately,
6.7 CONTRACTOR shall be responsible for protecting the Work, and any designated portions of the Work (Including any units and floors),
against the elements at the end of each working. In addition, no occupied portion of the Work shall be left without essential services, heat, light
and water at the end of each working day as the result of Work,
6.8 CONTRACTOR shall coordinate and cooperate with separate contractors employed by OWNER
6.9 CONTRACTOR covenants, represents and warrants that the Work shall be free of all products, constituents, materials or processes
containing asbestos', lead-based paint, or any other toxic or hazardous materials,
6.10 The CONTRACTOR shall submit the standard form of agreement between Contractor and Subcontractor to the Owner for the Owner's
review and approval prior to the execution of any subcontracts, and shall provide the Owner with a copy of all executed subcontract agreements,
prior to the performance of any Work by Subcontractors of any tier.
7.0 INSURANCE AND INDEMNIFICATION
71 CONTRACTOR shall purchase and maintain, at its sole expense, commercial general liability and automobile liability Insurance with
limits of no less than $1,000,000 each occurrence and in the aggregate. The commercialgeneral liability Insurance shall cover all labor,
materials or services furnished hereunder and shall include a contractual liability endorsement. CONTRACTOR's liability insurance shall name
the Indemnified Parties (as hereinafter defined) as additional Insureds (the "Additional Insureds'. CONTRACTOR shall also purchase and
maintain workers compensation insurance as required by Laws and shall furnish OWNER with evidence of such Insurance. CONTRACTOR
shall furnish OWNER with certificates of insurance before any Work Is.done and any materials are delivered to the Site. Failure to provide
certificates of insurance shall not relleve CONTRACTOR of Its contractual obligations and CONTRACTOR shall remain liable for each of the
Insurance obligations set forth hereunder. Insurance certificates shall clearly Identify OWNER, the Additional Insureds, contract number and all
Insurance coverages and special conditions as required by this Contract.
7.2 To the fullest extent permitted by law, CONTRACTOR shall indemnify, protect, defend and hold OWNER, its affiliates, parent
and subsidiary entities, Including, without limitation, Apartment Investment and Management Company (AIMCO), and any of AIMCO's
subsidiaries and affiliates that may directly or indirectly own or manage the property at or for which CONTRACTOR performs any
Work, and their respective partners, managers, members, employees, officers, directors, trustees, shareholders, counsel,
representatives, agents, successors and assigns (the "indemnified Parties") free and harmless from any and all liabilities, penalties,
fines, losses, claims, demands, actions, suits and costs (Including, without limitation, reasonable attorneys' fees, expert fees, court
costs and expenses), if caused by reason of or as a result of the performance of the Work, whether based upon or claimed to be
based upon statutory, contractual, tort or other liability hereunder; provided that no person or entity indemnified hereunder shall be
indemnified for claims arising from such person's or entity's own negligence, and the provisions of this Paragraph shall not be
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construed t0 require CONTRACTOR to Indemnify any person or entity Indemnified hereunder for or against such person's or entity's
own negligence or to require any Indemnification which would make the provisions of this Paragraph void or unenforceable. In the
event any provision contained In this Paragraph or elsewhere in the Contract Documents shall be deemed vold or unenforceable, It
shall not thereby invalidate or be construed to invalidate any other provision contained in this Paragraph or elsewhere in the Contract
Documents, all of which shall remain In full force and effect. The obligations of CONTRACTOR pursuant to this Paragraph are not to
be construed to negate or reduce any other right or obligation of Indemnification which would otherwise exist as to any parry or
person described In this Paragraph.
7.2.1 If a claim Is made against any person or entity indemnified under this Paragraph 7.2 by any employee of CONTRACTOR, a
subcontractor, anyone directly or indirectly employed by them or anyone for whose acts they may be liable, the indemnification
obligation under this Paragraph shall not be limited by a limitation on the amount or type of damages, compensation or benefits
payable by or for CONTRACTOR or a subcontractor under worker's or workmen's compensation acts, disability benefit acts or other
employee benefit acts.
7.2.2 All provisions of this Contract that require CONTRACTOR to Insure, defend or Indemnify OWNER shall survive any
termination of this Contract. Other provisions of this Contract, which, by their reasonable terms, are Intended to survive termination
of this Contract, shall survive termination.
7.3 CONTRACTOR waives and releases all claims for or right to any consequential, incidental, exemplary, punitive or special
damages.
8,0 TERMINATION
8.1 CONTRACTOR may suspend performance of the Work or any portion thereof after thirty (30) days prior written notice If, through no
act or fault of CONTRACTOR or any other persons performing portions of the Work under Contract with CONTRACTOR, any of the following
occurs: 0 issuance of an order of a court or other public authority having jurisdiction; iq an act of government, such as a declaration of national
emergency, making material unavailable; iii) OWNER has repeatedly not made payment within the time stated In the Contract; or iv) OWNER
has persistently failed to fulfill OWNER's obligation under the Contract with respect to matters important to the progress of the Work. If for the
reasons set forth In this Paragraph 8.1, the Work Is suspended for thirty (30) days and no cure has been effectuated, CONTRACTOR may, upon
twenty (20) additional days written notice to OWNER, terminate this Contract. In the case of a partial suspension of the Work, CONTRACTOR
shall continue to perform work not affected by such partial suspension. If the Work Is suspended, an equitable adjustment may be made in the
Contract Sum, Guaranteed Maximum Price and the Construction Schedule.
8.2 OWNER may terminate the Contract If CONTRACTOR: i) refuses or falls to supply enough properly skilled workers or proper
materials; iI) fails to make payment to subcontractors for services, materials or labor; 111) disregards any Laws; or iv) otherwise has materially
breached a provision of this Contract. When any of the above reasons exist, OWNER may without prejudice to any other rights or remedies of
OWNER and after giving CONTRACTOR five (5) days' written notice, terminate employment of CONTRACTOR and may: 1) take possession of
the Site and of all materials, equipment, tools, and construction equipment and machinery thereon owned by CONTRACTOR; or ip accept
assignment of subcontracts and finish the Work by whatever reasonable method OWNER may deem expedient. When OWNER terminates the
Contract for one of the reasons stated in this Paragraph 8.2, CONTRACTOR shall not be entitled to receive further payment until the Work Is
complete, If OWNER's termination of CONTRACTOR pursuant this Paragraph 82 Is, for any reason, adjudicated to be unwarranted or
unjustified, OWNER's termination of CONTRACTOR shall be treated as though it were accomplished pursuant to Paragraph 8.3 hereof,
8.3 OWNER may, without cause, terminate performance under this Contract by CONTRACTOR. OWNER will give written notice of such
termination to CONTRACTOR specifying when termination becomes effective, CONTRACTOR shall Incur no further obligations in connection
with the Work and CONTRACTOR shall stop Work when such termination becomes effective. CONTRACTOR shall also terminate outstanding
orders and subcontracts. OWNER may direct CONTRACTOR to assign CONTRACTOR's right, title and Interest under termination orders or
subcontracts to OWNER or its designee, Upon termination pursuant to this Paragraph, CONTRACTOR shall be entitled to payment for that
Work actually completed prior to the termination for convenience as well as, If applicable, reimbursement of the actual costs Incurred by
CONTRACTOR to terminate outstanding orders and subcontracts.
9.0 MISCELLANEOUS
9.1 Nothing in this Contract shall create, or be construed to create, any third party beneficiary rights In any person not a signatory to this
Contract except OWNER will be third party beneficiaries of CONTRACTOR's agreements with all of Its subcontractors and CONTRACTOR shall
Include or cause to be Included similar provisions In each of the aforementioned agreements naming OWNER as third party beneficiaries,
9.2 All trade discounts, rebates and refunds and all returns from sales of surplus materials and equipment shall belong to and accrue for
the benefit of OWNER.
9,3 CONTRACTOR Is prohibited from providing gifts or other things worth more than $25 to OWNER or any of Its employees.
CONTRACTOR's violation of this precept shall constitute grounds for immediate termination.
9.4 CONTRACTOR shall not bring claims or lawsuits against any principals, employees, agents, officers, directors, stockholders, partners
or affiliates of OWNER, AIMCO, AIMCO Properties, L.P. or AIMCO-GP, Inc. CONTRACTOR further agrees that the sole and exclusive remedy
of CONTRACTOR for payment and/or performance of this Contract shall be against the assets of OWNER.
9.5 CONTRACTOR acknowledges, understands and agrees that OWNER may execute or make payments under this Contract by or
through an authorized representative(s) of the OWNER. Notwithstanding anything contained herein to the contrary, such authorized
representatives) and/or its affiliates shall not Incur any liability, or other obligation, under this Contract to CONTRACTOR, for any reason,
Including, but not limited to, for any payments that may be due CONTRACTOR hereunder, nor shall any payment made by an authorized
representative(s) create, or be construed to create, a contract between the CONTRACTOR and such authorized representative(s),
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9.6 CONTRACTOR hereby Irrevocably submits Itself to the original jurisdiction of the District Court of Denver of the State of Colorado with
regard to any controversy In any way arising out of or relating to the execution or performance of Contract and agrees that any such suit, action
or legal proceeding shall be brought in such state court. CONTRACTOR further irrevocably (1) consents to the jurisdiction of such state court in
any such suit, action or legal proceeding, (if) waives any objection It may have to the laying of venue of any such suit, action or legal proceeding
in such state court (Ill) waives any defense based upon Inconvenient forum or improper venue and (Iv) waives any right it may have to remove
such suit, action or legal proceeding to the courts of the United States, CONTRACTOR further agrees that any and all disputes arising out of or
relating to Contract or the performance of it by either party shall be adjudicated solely by and be governed by the laws of the State of Colorado
without regard to conflicts of law analysis. EACH PARTY HEREBY WAIVES AND RELEASES ITS RIGHT TO CLAIM A TRIAL BY JURY
WITH RESPECT TO ANY ACTION BY OR AGAINST THE OTHER PARTY ARISING HEREUNDER. The CONTRACTOR shall Include a
similar provision In each of Its subcontract agreements requiring the Subcontractor to waive its right to claim a trial by jury.
9.7 CONTRACTOR shall not publicize, publish or otherwise use the name of OWNER, AIMCO or any of their affiliates in any advertising,
customer list or similar document, or otherwise disclose the contractual relationship with OWNER, AIMCO, or their affiliates, without the prior
written approval of AIMCO, which may be given or withheld in AIMCO's sole discretion,
This Contract entered Into as of the day and year first written above.
OWNER: AIMCO NORTH ANDOVER, L.L.C.
By: STEICH, MATT, solely as�ytlrorized rep
of Owner
CONTRACTOR: B & M Roslorntion and Contracting
Authorized Signature: Authorized Signature:
Print Name: Matt Stelc / ViViLPrint Name: Paul Bruno
Print Title: Regional Director of Construction
Print Title:
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Location 3 R, y C/
No. / -f2 —13 Date 1-41-2111A–
TOWN
2/-2111—.
TOWN OF NORTH ANDOVER
Certificate of Occupancy $
Building/Frame Permit Fee $ 7%.? �G
sir pct - i 1�1 Foundation Permit Fee $
Other Permit Fee $
TOTAL $
Check #0/",
26052 wilding Inspector