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Building Permit #605-11 - 32 ROYAL CREST DRIVE 3/11/2011
Permit NO: r-1 f Date Iss TOWN OF NORTH ANDOVER APPLICATION FOR PLAN EXAMINATION IMPORTANT: Date Received must complete all items on this LOCATION Royal Crest BUILDING_# 3-2— Print z— Print PROPERTY OWNER AIMCO Royal Crest Estates LLC UNIT # 3/ 7, 2�i Print MAP NO: PARCEL: ZONING DISTRICT: Historic District yes no X Machine Shop Village yes no TYPE OF IMPROVEMENT PROPOSED USE Residential Non- Residential ❑ New Building ❑ One family ❑ Addition ❑ Two or more family ❑ Industrial 0 Alteration No. of units: ❑ Commercial -pair, replacement ❑ Assessory Bldg El Others: ❑ Demolition ❑ Other _ :. 'Septic' Dwell' _ O'Floodplaiuy ~<q�Wefland� - ❑' Wafershed4Districf o❑ W,.ater/Sewer; - - - DESC;KIF HUN Ur W UK& 1 U tsrl rr,Kr U1`,1vintJ: (Identification Please Type or Print Clearly) OWNER: Name: Phone: 'S Address: CONTRACTOR Name: Thomas H. Kinnal Address: 286 Broadway, Haverhill MA 01832 Supervisor's Construction License: CS 82747_ Home Improvement License: Exp. Date: 6/20/2012 Exp. Date: ARCHITECT/ENGINEER Phone: Address: Reg. No Phone: 978-360-0051 FEE SCHEDULE. BULDING PERMIT: $12.00 PER $1000.00 OF THE TOTAL ESTIMATED COST BAASSEcD-ON $125.00 PER S.F. Total Project Cost: $ 23 17 6- FEE: $ .�U� d Check No.: b � Receipt No.: e2 NOTE: Persons contracting with unregistered contractors do not have access to the guaranty fund 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 ❑ 1 Private (septic tank, etc. ❑ Permanent Dumpster 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 Siqnature COMMENTS t Zoning Board of Appeals: Variance, Petition No: Zoning Decision/receipt submitted yes Planning Board Decision: Comments Conservation Decision: Comments Water & Sewer Connection/Signature & Date Driveway Permit DPW Town Engineer: Signature:. P' FIRE DEPARTMENT -Temp. Dumpster on site yes, Located at 124 Main Street Fire Department signature/date COMMENTS Located 384 Osgood Street no , 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 ❑ Notified for pickup - Date Doc:.Building Permit Revised 2008mi 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 ❑ Building Permit Application ❑ Workers Comp Affidavit ❑ Photo Copy Of H.I.C. And/Or C.S.L. Licenses ❑ Copy of Contract ❑ 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 ❑ Building Permit Application ❑ Certified Surveyed Plot Plan ❑ Workers Comp Affidavit ❑ Photo Copy of H.I.C. And C.S.L. Licenses ❑ Copy Of Contract ❑ Floor/Crossection/Elevation Plan Of Proposed Work With Sprinkler Plan And Hydraulic Calculations (If Applicable) ❑ 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 ❑ Engineering Affidavits for Engineered products VOTE: All dumpster permits require sign off from Fire Department prior to issuance of Bldg .Permit Fn all cases if a variance or special permit was required the Town Clerks office must stamp the decision from the Board of Appeals :hat the appeal period is over. The applicant must then get this recorded at the Registry of Deeds. One copy and proof of recording nust be submitted with the building application Doc: Doc.Building Permit Revised 2008mi Engle Martin & Associates, Inc. Engle Martin & Associates, Inc. 209 10th Ave S Suite 344 Nashville, TN 37203 Insured: Royal Crest North Andover Property: 50 Royal Crest Dr. North Andover, MA Claim Rep.: Troy Stackhouse Estimator: Troy Stackhouse Claim Number: P 110423919022 Policy Number: Date of Loss: 1/24/2011 Date Inspected: Price List: MABO7X FEB 11 Restoration/Service/Remodel Estimate: PIT-PROP-057144-ALL2 Business: (615) 271-1703 Business: (615) 271-1703 Type of Loss: Weight of Ice & Snow Date Received: 2/3/2011 Date Entered: 2/18/2011 10:52 AM VERY IMPORTANT! - PLEASE READ: This document is an initial estimate ONLY concerning the probable cost of repair of the damage observed during inspection of the claimed doss_ Additional inspection and/or investigation of the cause of loss and the damage related thereto may be required before this cstimate can be finalized. Please note this document is NOT a promise or agreement of payment for the claimed loss from Your insurance company or Engle Martin & Associates, Inc_ ["EMA"]. Instead, this document will be forwarded to Your insurance company for coverage and payment review and decision. This estimate is subject to final review and approval by Your insurance company and is thus subject to further revisions until final written approval is received. All final payment and coverage decisions are made by Your insurance company and NOT by EMA. While You await final review and approval by Your insurance company, we request that You present this estimate to Your contractor for its review and comment. In the event of a scope of work or pricing discrepancy between this estimate and Your contractor's estimate, if any, we will work with You and Yourcontractor to attempt to solve any such discrepancy; however, the authority to make a fmal decision on any such discrepancy belongs to Your insurance company, not EMA. Finally, please not that You are responsible for selecting and hiring the contractor (s) that You want to perform Your repair work. Neither Your insurance company, nor EMA guarantee the work of any contractor, nor do either inspect or monitor the work of any contractor. It is solely Your responsibility to make sure that Your repair work is properly and timely completed. Engle Martin & Associates, Inc. Engle Martin & Associates, Inc. 209 10th Ave S Suite 344 Nashville, TN 37203 PTT-PROP-057144-ALL2 Building 32 Unit 3 Living Room LxWxH2O'x16'x8' _ 512.00 SF Walls 320.00 SF Ceiling 832.00 SF Walls & Ceiling 320.00 SF Floor 35.56 SY Flooring 64:00 LF Floor Perimeter 160.00 SF Long Wall 128.00 SF Short Wall 64,00 LFCeil.Ptrimeter 40.00 SF Missing Wall: 1- 8'X 8' Opens into Exterior Goes to Floor/Ceiling DESCRIPTION QNTY 691. Protect contents - Cover with plastic 320.00 SF 692. R&R 5/8" drywall - hung, taped, ready for texture 32.00 SF 693. R&R Batt insulation - 12" - R38 40.00 SF 694. R&R Acoustic ceiling (popcorn) texture 40.00 SF 695. Seal then paint the ceiling (2 coats) 320.00 SF NOTES: Dining Room LxWxH 13'x 7'x 8' 256.00 SF Walls 91.00 SF Ceiling 347.00 SF Walls & Ceiling 91.00 SF Floor 10.11 SY Flooring 32.00 LF Floor Perimeter 104.00 SF Long Wall 56.00 SF Short Wall 32.00 LF Cei1_ Perimeter Missing Wall: 1- 8' X 8' Opens into Exterior Goes to Floor/Ceiling PTT-PROP-057144-ALL2 2/28/2011 Page:2 Engle Martin & Associates, Inc. Engle Martin & Associates, Inc. 209 10th Ave S Suite 344 Nashville, TN 37203 DESCRIPTION 696. Protect contents - Cover with plastic 697. Seal then paint the ceiling (2 coats) NOTES: Hallway - 264-00 SF Walls 309.00 SF Walls & Ceiling 5.00 SY Flooring 120.00 SF Long Wall 33.00 LFCeil. Perimeter Missing Wall: I - Y X 8' Opens into Exterior QNTY 91.00 SF 91.00 SF LxWxn15'xYx8' 45.00 SF Ceiling 45.00 SF Floor 33.00 LF Floor Perimeter 24.00 SF Short Wall Goes to Floor/Ceiling DESCRIP'T'ION QNTY 698. Protect contents - Cover with plastic 45.00 SF 699. Seal then paint the ceiling (2 coats) 45.00 SF NOTES: Master Bedroom 448.00 SF Walls 640.00 SF Walls & Ceiling 21.33 SY Flooring 128.00 SF Long Wall 56.00 LF Ceil. Perimeter LxWxH 16'x 12'x 8' 192.00 SF Ceiling 192.00 SF Floor 56.00 LF Floor Perimeter 96.00 SF Short Wall PTT-PROP-057144-ALL2 2/28/2011 Page:3 Engle Martin & Associates, Inc. Engle Martin & Associates, Inc. 209 10th Ave S Suite 344 Nashville, TN 37203 DESCRIPTION 700. Protect contents - Cover with plastic 701. Seal then paint the ceiling (2 coats) NOTES: Living Room Missing Wall: 1- 8' X 8' DESCRIPTION 702. Protect contents - Cover with plastic Work already completed NOTES: Unit 7 512.00 SF Walls 832-00 SF Walls & Ceiling 35.56 SY Flooring 160.00 SF Long Wall 64.00 .LF Ccii. Pcrimctcr Opens into Exterior Unit 12 192.00 SF 192.00 SF LxWxH 20'x 16'x 8' 320.00 SF Ceiling 320.00 SF Floor 64.00 LF Floor Perimeter 128.00 SF Short Wall Goes to Floor/Ceiling QNTY 0.00 SF PTT-PROP-057144-ALL2 2/28/2011 Page:4 Engle Martin & Associates, Inc. Engle Martin & Associates, Inc. 209 I Oth Ave S Suite 344 Nashville, TN 37203 DESCRIPTION Master Bedroom 448.00 SF Walls 640.00 SF Walls & Ceiling 21.33 SY Flooring 128.00 SF Long Wall .56.00 LF Ceii. Perimeter L%WxA16'x12'X8' 192.00 SF Ceiling 192.00 SF Floor 56.00 LF Floor Perimeter 96.00 SF Short Wall QNTY 704. Protect contents - Cover with plastic 192.00 SF 705. R&R 5/8" drywall - hung, taped, ready for texture 10.00 SF 706. R&R Batt insulation -12" - R38 15.00 SF 707. R&R Acoustic ceiling (popcorn) texture 15.00 SF 708. Seal then paint part of the walls and ceiling (2 coats) 160.00 SF NOTES: Grand Total Areas: 3,144.00 SF Walls 1,443.00 SF Floor 1,032.00 SF Long Wall 0.00 Floor Area 0.00 Exterior Wall Area 0.00 Surface Area 0.00 Total Ridge Length 1,443.00 SF Ceiling 160'.33 SY Flooring 680.00 SF Short Wall 0.00 Total Area 0.00 Exterior Perimeter of WAS 0.00 Number of Squares 0.00 Total Hip Length 4,587.00 SF Walls and Ceiling 393.00 LF Floor Perimeter 393.00 LF Ceil. Perimeter 0.00 Interior Wall Area 0.00 Total Perimeter Length PIT-PROP-057144-ALL2 2/28/2011 Page:5 Sample Sampling Volume Result No. Date I Period (liters) Description/Ucation (fibers/cc) 28. 2/12/11 8:36 a.m. 1,330 Post abatement air sample <0.004 to dining room 44-6 final clearance 10:48 a.m. 29. 2/12/11 8:37 am. 1,303 Post abatement air sample <0.004 to master bedroom 44-6 final 10:50 a.m. clearance 30. 2/12/11 8:39 a.m. 1,307 Post abatement air sample -0.004 to master bedroom 44-6 10:51 a.m. _^,1. 2/12/11 9:33 a.m. 1.216 Backgi-ound air sample hath ay 0.005 to 47-7 during prep 12:07 ,.m. 32. 2/12/11 10:1 l a.m. 1.098 Background air sample hallway 0.005 to 32=2) during prep 12:3(.) P.M. 33. 2/12/11 12:07 p.m. 964 Area air sample at ciecon entrance <0.005 to 47-7 during removal / hot cleaning 2:09 p.m. 34. 2/12/11 1:3(.1 p.m. 1,521 Area air sample at decon entrance 0.004 to to 32-7 work area daring removal 4:45 ).m. 35. 2/12/11 2:16 p.m. 1,277 Post abatement air sample <0.004 to master bedroom 47-7 final 4:23 p.m. I clearance 36. 2/12/11 2:17 p.m. 1,277 Post abatement air s.unple <0.004 to master bedroom 47-7 final 1 4:26 p.in. clearance 37. 2/12/11 2:18 p.m. 1,290 Post abatement air sample <0.004 to hallway 47-7 final clearance 4:27 p.m. 38. 2/12/11 4:52 P.M. 1,287 Post abatement air satnl�2 ] <0.004 to dining room final clearance 7:02 p.m. 39. 2/12/11 4:53 p.m. 1,300 Post abatement air sau 32-7� <0.004 to living room final clearance 7:03 p.m. 40. 2/12/11 4:54 p.m. 1,287 Post abatement air sample 32-7 <0.004 to master bedroom final clearance 7:04 p.m. Smith & Wessel Associates, Inc. SWA 11044 3/08/11 Sample Sampling Volume Result No. Date Period (liters) Description/Location (fibers/cc) 41. 2/12/11 4:55 p.m. 1,287 Post abatement air sample-32-1� <0.004 to master bedroom final clearance 7:05 p.m. 42. 2/14/11 NA NA Field Blank 0 fibers/ 100 fields 43. 2/14/11 9:57 a.m. 1.090 _ Background air sampl'BIds 7 0.005 to Apt -2 in hallway dlunlg prep and 12:15 P.M. remox al J 44. 2/14/11 11:06 a.m. 1.326 Background air sample Bldg 32 0.007 to Apt 10 I'll living room during prep 1:56 p.nl. /,%vipe down 45. 2/14/11 12:20 p.m. 1,283 :Post -abatement air sample Bldg <0.004 to 37 Apt 2 main bathroom final 2:31 p.m. clearance 46. 2/14/11 12:21 p.m. 1,296 _Post -abatement air sample Bldg <0.004 to 37 Apt 2 main bathroom final 2:32 p.m. clearance 47. 2/1.1/11 1:17 P.M. 1,296 Post abatement air sample Bldg 0.004 to }37 Apt 2 master bathroom final 3:28 p.m. `clearance 48. 2/14/11 1:18 P.M. 1,296 Post abatement air sample Bldg <0.004 to }37 Apt 2 master bathroom final 3:29 p.m. clearance 49. 2/14/11 1:56 p.m. 1,435 Background air sanlplelBldg 32 0.005 to Apt 10 in living room during prep 5:(-X) p.m. / wipe down 50. 2/15/11 NA NA Field Blank 0 tibend 100 fields 51. 2/15/11 8:23 a.m. 1,357 Area air samp`'1e, 32- lU at,h1 vllng 0.006 to room, decon, during removal t 11:17 a.m. 52. 2115/11 8:24 a.m. 1374 Area air sample' -10 at 0.005 to bedroom, decor duriiig removal 11:18 a.m. 53. 2/15/11 10:34 a.m. Background air sample. 30-8 on VOID / to wall at begiuling hallway. during dislodged by N/A prep worker Smith & Wessel Associates, Inc. SWA 11044 3/08/11 �M Smith & Wessel Associates, Inc. SWA 11044 3/08/11 Sampling Volume Result ISample No. Date Period (liters) Description/Location (fibers/cc) 54. 2/15/11 10:35 a.m. 2.308 Background air Sample, 30-8 on a 0.004 to Lyall b-,• slider floor. during prep 3:3I p.m. 1. 55. 2/15/11 11:17 a.m. 1.599 Area air sample-l0-at'ltvittg 0.004 to room, decor. during removal 2:42 ..m. /} 56. 2/15/11 11;18 a.m. 1,599 Area air sampi.- -12-lt at� 0.005 to bedroom, decon, during removal 2:43 l.m. 57. 2/16/11 NA NA Field Blank 0 fibers/ 100 fields 58. 2/16/11 9:47 a.m. 1,313 Post-abatement,clearance air 0.004 to Sample, 2-10, master bedroom 12.01 p.m. `-`- 59. 2/16/11 9:48 a.m. 1,326 Post -abatement, clearance air <0.004 to sample; 32-10, master bedroom 12:02 P.M. 60. 2/16/11 10:25 a.m. 1,349 Area air &&maple, 30-5,. at entrance 0.005 to to work area in halhva_v_ during 1:18 P.M. prep / removal 61. 2/16/11 11:49 a.m. 1,350 Background air sample. 35-5 in t 0.004 to living room 2:40 ..m 62. 2/16/11 11:51 a.m. 1.343 Background air supple, 35-5, in 0.004 to master bedroom .41 p.m. 63. 2/16/11 12:40 p.m. 1,950 Area air stuupte. 312- 10 ui)hallway 0.005 to at entrance, during removal 4:50 ,.m. 64. 2/16/11 1:18 p.m. 1,575 Area air sample, 30-8, in hallway Overloaded to at entrance, during removal 4:41) P.M. 65. 2/16/11 2:50 p.m. 1,280 Background air sample. 43-1., in 0.004 to living room by boxes 5:30 .m. 66. 2/16/11 2:52 P.M. 11,272 Background air sample, 43-1, in 0.005 to master bedroom 5:31 p.m. Smith & Wessel Associates, Inc. SWA 11044 3/08/11 Sample Sampling Volume Result No. Date Period (liters) Description/Location (fibers/cc) 67. 2/17/11 NA NA Field Blank 0 fibers/100 fields 68. 2/17/11 8:52 a.m. 837 Area air simple., decon entrance. .006 to hallwzA�3%10. duruig fine 10:38 a.m. cleaning 69. 2/17/11 9:02 a.m. 826 Area air s<unple, decon entrance. .006 to hall -wax- 30-8, during fnie'cieaning 10:48 a.m. 70. 2/17/11 12:03 p.m. 1,283 Post -abatement air sample, 30-8 <0.004 to hallway bathroom, following 2:14 p.m. abatement activity 71. 2/17/11 12:04 p.m. 1,296 Post -abatement air sample, 30-8 <0.004 to halhyay, following abatement 2:15 p.m. acti4l 72. 2/17/11 12:06 p.m. 1,274 Post -abatement air sample, 30-8 <0.004 to living room area, following 2:16 p.m. abatement activity 73. 2/17/11 12:08 p.m. 1,290 Post -abatement air sample, Bldg <0.004 to 30-8 dining room, following 2:17 p.m. abatement activity. 74. 2/17/11 12:25 p.m. 1,411 Post -abatement air sample, 32-� <0.004 to 10 living room, following 2:49 p.m. abatement activity 75. 2/17/11 12:26 p.m. 1,411 Post -abatement air sample 32- <0.004 to 10 dining room, following 2:58 p.m. abatement activity 76. 2/17/11 2:07 p.m. 1.115 Area air sainpie, dee6n entrance_ S 0.007 to 31-11 master bedroom area, during 4:301 P.m. re-moval/load out 77. 2/18/11 NA NA Field Blank 0 fibers/l00 fields 78. 2/18/11 8:18 a.m. 1,524 Post -abatement air sample, 31- <0.003 to 11 master bedroom, following 11:36 a.m. abatement activity 79. 2/18/11 8;20 am. 1,497 Post -abatement air sample, 31- <0.003 to 11 master bedroom, following 11:37 a.m. abatement activity Smith & Wessel Associates, Inc. SWA 11044 3/08/11 `7("t Sample Sampling Volume Result No. Date Period (liters) Description/Location (fibers/cc) 80. 2/18/11 9:21 a. m. 2,043 Area air s:unnple. Bldg 6 stairs by 0.003 to trash/rear exit_ during prep 2:26 p.m. 81. 2/18/11 10:15 a.m. 1_603 Area air sample, 32 -11 -entrance to overloaded to xvork area. during prep 1:38 p.nn. 82. 2/18/11 11:49 a.m. 1,720 Area air sample, 35-5 entrance to 0.005 to work area, during prep 2:''4 p.m. 83. 2/18/11 1:38 p.m. 1,575 Area air samplE 2-ltrance tip overloaded to �r -%Nork area. durdig removal 5:00 P.M. 84. 2/18/11 2:26 p.m. 883 Area air sample, Bldg 6 rear 0.006 to entrance of trash area. during 4:34 p.m. removal/cleaning 85. 2/18/11 4:35 p.m. 1,267 Post -abatement air sample, Bldg <0.004 to 6 trash room right side, 6:43 p.m. following abatement activity 86. 2/18/11 4:36 pan. 1,25.1 Post -abatement air sample, Bldg <0.004 to 6 rear foyer, following 6:44 ).m abatement activity 87,. 2/18/11 4:37 p.m. 1,254 Post -abatement air sample, Bldg <0.004 to 6 trash room left side, following 6:45 p.m. abatement activity° 88. 2/19/11 NA NA Field Blank 0 fibers/ 100 fields 89. 2/19/11 10:43 a.m. 1,353 Post -abatement air sarirple, 32-] 0.011 to 41 living room after abatement 1:054 p.m. activity } 90. 2/19/11 10:45 a.m. 1,372 Post -abatement air sanple, 32- Not to 11 dining room, after abatement analyzed 1:05 P.M. activity due to sample 89 failed 91. 2/19/11 10:46 am. 1,395 Post abatement air sample 32-11 Not to master bedroom after abatement- analyzed 1:07 p.m. activity due to sample 89 failed Smith & Wessel Associates, Inc. SWA 11044 3/08/11 Sample Sampling Volume Result No. Date Period (liters) Description/Location (fibers/cc) 92. 2/19/11 10:48 a.m. 1,363 Post abatement air same el 32-11 } ! Not to master bedroom after post �^ analyzed 1:07 p.m. abatement activity due to sample 89 failed 93. 2/19/11 10:58 a.m. 1.659 Area air sample at entrance to 0.004 to - Work area 35-5 durula removal 2:28 p.m. 94. 2/19/11 2:28 p.m. 11,696 Area air sample at 33-3 entrance 0.004 to durnmg load out and eleaning 6:001 p.m. 95. 2/19/11 2:42 p.m. 1.6(:H) Area air sample at 35-9 entrance 0.005 to during prep and removal 6:02 p.m. 96. 2/19/11 3:01 pan. 1,368 Post abatement air sample in 32 , <0.004 to 111 master bedroom bath aftter J 5:52 p.m. abatement activity 97. 2/19/11 3:02 p.m. 1,368 Post abatement air sample in 32' <0.004 to Ill master bedroom bath(after :53 P.M. abatement activity 98. 2/19/11 4:.56 p.m. N/A Post abatement air sample 32-11 � Void / living room after abatement - cannot get activity into apartment 99. 2/19/11 4:57 p.m. N/A Post abatement air sample 32-111 Void / dining room after abatement cannot get activity into apartment 100. 2/19/11 4:38 p.m. N/A Post abatement air sample 32-11 Void / master bedroom after abatement cannot get activity into apartment 101. 2/19/11 4:48 p.m. N/A Post abatement air sapiple 32-11, Void / master bedroom after abatement cannot get activity into apartment 102. 2/19/11 NA NA Field Bl,nmk 0 fibers/ 100 fields 103. 2/20/11 NA NA Field Blank 0 fibers/ 100 fields Smith & Wessel Associates, Inc. SWA 11044 3/08/11 Sample Sampling Volume Result No. Date Period (liters) Description/lAwation (fibers/cc) 104. 2/20/11 9:58 a.m. 1,299 Post abatement air same el 32-11 <0.004 to living room after abatement - 12:49 p.m. activity 105. 2/20/11 9:59 am. 1,316 Post abatement air sample 32-11 0.004 to dining room after abatement 12:50 p.m. activitV 106. 2/20/11 10:11 a.m. 1,333 Post abatement air sample 32-1.1 , <0.004 to master bedroom after abatement 1.2:51 p.m. activity 107. 2/20/11 10:11 am. 1,350 Post abatement air saiul 32-11 J <0.004 to master bedroom after abatement 12:51 .tu activity 108. 2/20/11 11:06 am. 1,205 Post abatement air sample 35-5 <0.004 to master bedroom after abatement 1:09 P.M. activity 109. 2/20/11 11:06 a.m. 1,202 Post abatement air sample 35-5 0.004 to master bedroom after abatement 1:10 P.M. activio, I l(:). 2/20/11 11:07 am. 1,227 Post abatement air sample 35-5 <0.004 to living room after abatement 1:11 P.M. activity 111. 2/20/11 11:08 a.m. 1,215 Post abatement air sample 35-5 <0.004 to dining room after abatement 1:12 p.m. activity 112. 2/21/11 NA NA Field Blank 0 fibers/l0 ) fields 113. -2/21/11 9:13 a.m. 1,824 Area Air sample at entrance to 47-7 0.003 to work area during removal 1:10 .m. 114. 2/21/11 9:40 a.m. 11,578 Area air sample at decon entrance <0.003 to to 44-6 work area during prep and 1:05 P.m. I removal 115. 2/21/11 9:51 a.m. 1.458 Area air sample at entr.uice to 35-9 0.005 to work area during fine cleaning 12:58 p.m. 116. 2/21/11 12:58 p -m. 2,094. Area air sample at entrance to 35-9 0.003 to work area during load out and 5:30 p.m. cleaning Smith & Wessel Associates, Inc. SWA 11044 3/08/11 r Z . , > / C. wz �. < 2 0 . \ / / C. < 2 0 . / O». 0 m 7 o = n \ § . I \�/ �\ A q a ƒ 00 w E_, m mq- % e E � % The Commonwealth of Massachusetts Department ofbidustrial.Aceidenis Office of `Investigation 600 Washmgton Street Boston, MA 0211.1 wl-vw.massgov/dia Workers' Compensation Insurante.davit: Buffders/Contract ors)Elecbriciaml.€ umbers ApOcant Information ]Please Print Legib Name (Business/Organization/Individual): �f{-,5CO45--r 6 X;/4�:;ei¢ f (f4 off y-�f f u 4 Address: 2-9'6 6 U401041 City/Stale/Zip: 6, q, 1419- e) ( a,3 Z Phone #: 7a,` &,16 oS Are yon an employer? Check the appropriate' box: Type of project (required): 1. I am a withemployer4. � ❑ I am a general contractor and I 6. ❑New construction employees (full and/orpart-time).* 2. ❑ 1 am a sole proprietor or partner have hired the sub -contractors listed on the attached sheet. 7. E] Remodeling . ship and have no employees These sub -contractors have 8. ❑ Demolition working for me in. any capacity. [No workers' comp. insurance workers' comp. insurance. S. ❑ We are a corporation and its 9. ❑ Building addition required.] officers have exercised their 10.0 Electrical repairs or additions 3. El I am a homeowner doing all work right of exemption per MGL 11.[1 Plumbing repairs or additions myself [No workers' comp. c. 152, §1(4), and wehave no 12.❑ Roof repairs insurance required.] t employees. [No workers' 1311 other comp. insurance required.] *Any applicant that checks box#1 must also fill out the section helow showing their workers' compensatioupolicy i ifonnatiom T Homeowners who submitthis affidavit indicating they are doing aff work and then hire outside contractors must submit anew affidavit indicating s¢c tContractors that check this box must attached an additional sheet showing the name of the sub -contractors and their workers' comp. policy information. law an employer that isproviding workers' compensation imurancefor my enployeei Below is thepolley andjob site information. Insurance Company Name:. i Policy # or self -ins. Lic. #: ti/G 2-- 31S" .3.5391 G 'b Z I Expiration Date: _%z 3 rob Site Address: ('L�S� (p, r City/Siate/p. 6 Attach a copy of the workers' compensation policy declaration page (showing the policy number and expiration date). Failure to secure coverage as required under Section 25A of MGI:, c. 152 can lead to the imposition of criminal, penalties of a - fine up to $1,500.00 and/or one-year imprisonment,. as well as civil penalties in the form of a STOP WORK ORDBR and a Rae of up to $250.00 a day against the violator. Be advised that a copy ofthis statement may be forwarded to the Office of investigations of the DIA for insurance coverage verification. Mo hereby certfy under thepains an penalties q fperjury that the information providedabove is a and correct. Si aiure: Date: Z� Phone #: ! 7� — .3 60 Official use only. Do not write M this area, to be completed by city or town offklal City or Town: PermitUcense Issuing Authority (circle one): X. Board of Health 2. Building Department 3. City/Town Clerk 4. EIectricaI inspector 5. Plumbing Inspector 6. Other ContactPerson: Phone #. LO/2011 5:02:12 AM PST (GMT -8) FROM: insurancevisions.com-TO: 1978454185 Page: 2 az 2 A� & CERTIFICATE OF LIABILITY INSURANCE DATE01MIDOW"In THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorseiinent. A statement on this certificate does not confer rights to the certificate holder in Ileu of such endomeme s . PRoD"Cee FRED C CHURCH INC CONNECTOR PARK 41 WELLMAN ST LOWELL, MA 01851 CONTACT N11ME PNow me ft. Ego- M78)458-1865 C e • 78 4 865 aDDruSB• INSUR AFFORDBNGCOVERAGE NAIL# GENERALLNBUM COMMERCIAL GENERAL LIABILITY CLAM"ADE D OCCUR NSUM RA: U§ft Mutual GMUD wsurteo THOMAS H KINNAL DBA EAST COAST GENERAL CONTRACTING 286 BROADWAY INSURERS: "$"'�"� EACHOCCURRENCE$ HAVERHILL MA 01832 ' URERD' NSURE R E : GENERAL AGGREGATE $ INSURER F PRODUCTS-COMPIOPAGG $ COVERAGES CERTIFICATE NUMBER: 9578452 REVISION NUMBER: 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 BEENREDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE DL SUBR im POLICY NUMBER POLICYEFF POLICYOW fmmolyrm LIARS GENERALLNBUM COMMERCIAL GENERAL LIABILITY CLAM"ADE D OCCUR EACHOCCURRENCE$ DRWSESO_e $ MED EXP Any one person $ PERSONAL &ADV INJURY $ GENERAL AGGREGATE $ GENL AGGREGATE LIMIT APPLIES PER: POLICY M PRO LOC PRODUCTS-COMPIOPAGG $ $ AUTOMOBILE LIABIJIY ANY AUTO ALL OWNEDSCHEDULE AUTOS AUTOS HIRED AUTOS OS erG I $ BODILY INJURY (Per persan) $ BODILY INJURY (Per aeciderlt) P a -yt $ $ UMBRELLA LLIAJ83 EXCESS LIAB OCCUR CLAIMS -MADE EACH OCCURRENCE $ AGGREGATE $ DED RETENTION $ $ A WORKERScONPENSATION AND EMPLOYERS' LIABRM Y f N ANY PROPR(ETORIPARTNEPADMCUTNEE.L OFFICERIMEMBER EXCLUDED7 E-1 INandarory in NH) Dyesdescrbeunder DESORPTION OF OPERATIONS belay NIA WC2-31S-353816-021 2!2312011 2/23/2012 ,/ RM — EACH ACGDENT $ 500000 E.L. DISEASE - EA EMPLOYEE S Sam E.L. DISEASE - POLICY LIMrr $ 500000 DESORPTION OF OPERATIONS J LOCATIONS 1 YEHICLEB {Aft h ACORD 101, Addlllonal R.*. Schedule, if mora apace is requlred) Workers Compensation insurance: Par[ One of the policy applies only to the Workers Compensation Law of the State of MA. CERTIFICATE HOLIDER CANCELLATION SHOULD ANY OF THEABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITHTHE POLICY PROVISIONS. AUTHOR® IiNrATNE ov�Jeff' Ekfri e 01988-2010 ACORD CORPORATION. All rights reserved. ACORD 2S (2010105) The ACORD name and logo are m9lstered marks of ACORD j DATE (MMIDDNYYY) 02117/2011 ® CERTIFICATE OF LIABlLlTY IN ----I �coRv R ALTER THE COVERAGE AFFORDEDURER(S)TAUTHORII THIS TIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONO RS NO RIGHTS UPON THE CETIFICATE HOLDER. T CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND If SUBROGATION IS WAIVED, subject to CERTIFICATE OF INSURANCE DOES NAGE CONSTITUTE A CONTRACT BETWEENTHE ISSUING hts to the BELOW THIS CER les must be endorse REPRESENTATIVE OR PRODUCER, AND THE CERTIFIG the policy(' ) MPORTANT: if the certificate it isADpo© may Srequire quE e'an endorsement. A statement on this certificate does not confer ng 1 -- the terms and conditions of the i�oltcy, CONTACT Danielle Plourde, CISR FAX (978)(978) 4 certificate holder in lieu of such endorsement(s). NAME: A1c No PHONE 9783227772 PRODUCER D'0'MA PREMISES IE_aRa^-� $ 5,000 FredC.Church, Ina MED EXP (AnY one Person) 1,000.000 40 Kenoza AvenueHaverhill, FORE MA 01830 225-1865 GENERAL AGG. 2,000,000 (800) - INSURED Thomas H Kinnal DBA East Coast General Co^traWng 286 Broadway trvaunc,. Havedhill, MA 01832-2908 INSURER F REVISION NUMBER: RIOD 17482 GES CERTIFICATE NUMBER: D HEREIN IS SUBJECT TO ALL THE TERMS, OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS VERA OF INSURANCE LISTED BELOW HNVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY P CO THIS IS TO CERTIFY THAT THE POLICIES INDICATED. NOTWITHSTANDING ANY REQUIREMENT. TERM OR CE AFF uMt7s THE INSURANCE AFFORDED BY THE POLICIES DES POLICY EFF POLICY EXP CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, MMroDlYY F MOMLI YYY $ 1,000,000 ELISIONS AND CONDITIONS OF SUCH POLICIES. o�L s1ueRLIMITS SH oW INUMBER E BEEN REDUCED BY PAID CLAt EACH OCCURRENCE 100,0, 0 EXCLUSIONS _ ET S TYPE OF INSURANCE S D'0'MA PREMISES IE_aRa^-� $ 5,000 GENERAL LIABILITY MED EXP (AnY one Person) 1,000.000 X COMMERCIAL GENERAL LIABILITY D OCCUR $ ?!1512012 211512011 PERSONAL &ADV INJURY 5 2 OOO,OOD CBP83B4091 R� E CLAIMS -MADE GENERAL AGG. 2,000,000 - COMPIOP AGG S — PRODUCTS S GEN'L AGGREGATE APPLIES PER: i CONED SINGLE LIMIT Ea 1,000.00( MBI $ accident PRO LOC BODILY INJURY (Per person) POLICY LIABILITY 211312012 BODILY INJURY (Per accident) 5 AUTOMOBILE 2!1312011 13A8382891 PROPERTY DAMAGE 5 �— ANY AUTO SCHEDULED I per b ALL OWNED X AUTOS }jl AUTOS X NON -OWNED X HIRED AUTOS AUTOSI 5 EACH OCCURRENCE 5 AGGREGATE UMBRELLALIAB OCCUR $ EXCESS LIAB CLAIMS -MADE WCYTAT- OTN- 1 DED RETENTIONS I5 Ili E.L. EACH ACCIDENT WORKERS COMPENSATION EMPLOYERS' LIABILITY Y I N E.L. OISEASE - EA EMPLOYE $ AND I PROPRIETORIPARTNERiEXECUTIVNA E. E.L. DISEASE -POLICY LIMIT $ ANY OFFICERIMEMBER EXCLUDED? I (Mandatory In NH) I I if more space is required) s at or for which the vendor perforans s DESCRIPTION OF OPERATIONS 1 LOCATIONS 1 VEHICLES (Attach ACORD 101, Additional Remarks Schedule, directly or indirectly own or manage property(s) roPenY( ) ement Co. (AIMCO) and any AIMCO subsidiaries and affiliates that may The property owner, Apartment investment and he a policies. work, shall be. named as additional insureds on the general liablity Compliance Depot, LLC 1800 Preston Park Blvd Suite 220 Plano. TX 75093 `'30038 Mst # Client # ACORD 25 (2010105) OI SHOULD ANY OF THE ABOVE DESCRIBED F CE IE%M LL S BE CBE CDELLIVE ED ED 714E EXPIRATION DATE THEREOF, ACCORDANCE WITH THE POLICY PROVISIONS. —�— AUTHORIZED REPRESENTATIVE ©1988-20 ---`10- ACORD ATIO CORPORN. All rights rese Cert Holder # registered marks of ACORD The ACORD name and logo are 6 lz. W W d N N c O �a CD to cm _ m O CD c N CD _ O 2 0 s 0 M U O N O O CD O Z CD 0. O CO) � c O pm C C O•— y CD .co) O O FE m m CD 0s CLy..r as O 0 O R O CL CL cma y C o � � cc R 'p .CL O CD C CD CL �..� CO) c C c cc C. C40) N ' ® m 0go a. C �m 'O N�C m ' N W �E y ryry�� a cc aw w N CO � C1 N Z c0 EO = m : a) H CL.- o W rO� C N m —� �yC..�t 'CL= •N C = — 'N LU ® ® c o. COD . o 0.0 o � O �O _ =�CL�m — y dv A w P-4 u a a E� / h 1/I••/,f II•I.]410 41 0-4 z /�� .a C � E id � � id W o '� � � U w w 0 o G � 0 w° U) w° a0' , a4 w cn u. w w w' cn cn d N N c O �a CD to cm _ m O CD c N CD _ O 2 0 s 0 M U O N O O CD O Z CD 0. O CO) � c O pm C C O•— y CD .co) O O FE m m CD 0s CLy..r as O 0 O R O CL CL cma y C o � � cc R 'p .CL O CD C CD CL �..� CO) c C c cc C. C40) N ' ® m 0go C �m 'O N�C m ' N W �E y ryry�� cc aw C O Q N CO � C1 N Z c0 EO = m : a) H CL.- o W rO� C N m —� �yC..�t 'CL= •N C = — 'N LU ® ® c o. COD . o 0.0 o � O �O _ =�CL�m — y d N N c O �a CD to cm _ m O CD c N CD _ O 2 0 s 0 M U O N O O CD O Z CD 0. O CO) � c O pm C C O•— y CD .co) O O FE m m CD 0s CLy..r as O 0 O R O CL CL cma y C o � � cc R 'p .CL O CD C CD CL �..� CO) c C c cc C. C40) SERVICES AGREEMENT This SERVICES AGREEMENT (this "Agreement") entered into by and between the Property Owner (as identified on Exhibit A attached hereto ("Properly Owner") and East Coast General Contracting aka Thomas 11. Kinnel (legal name) ("Provider") with its principal place of business at 286 Broadway, Haverhill, \iA 01332. Together, Property Owner and Provider are referred to herein individually as a "Party" and, collectively, as the "Parties." Property Owner manages certain property located at the Property identified on Exhibit A attached hereto ("Property"). Property Owner desires to engage Provider to provide certain services to .Property Owner, and Provider is willing to furnish the same on the terms and conditions set forth herein. In consideration of the mutual promises of the Parties contained herein and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties, intending to be legally bawd, hereby agree as follows: , I SERVICES Subject to the terms and conditions of this Agreement. Provider will provide to Properly Owner the services (the "Services" as more fully described in Section 2.4 below) that are ordered by Property Owner in a jointly -agreed work order (the "Addendum"). Property Owner agrees that Provider is responsible for performing only the tasks that are specifically set forth in a jointly -agreed Addendum. 11 DEFINITIONS 2.1 "Confidential lnfnrnmtiou" means any information of any kind, nature, or description concerning any natters affi:cting or relating to Provider's services for Properly Owner, the bn.ane.g or operations of Property Owner and ifs affiliate., information concerning any of the tenants, residents or invitees of Property Owner, employees of Property Owner or its affiliates, and/or the products, drawings, plans, processes, or other data of Property Owner or its affiliates_ 2.2 "Effective Date" shall mean the date that the Addendum has specified as the Effective Date. 2.3 "Fees" shall mean all of the .fees, taxes, expenses, charges, incidental expenses described in and payable under the Addendum, collectively_ All Fees payable hereunder are payable solely in United States dollars. 2.4 "Services" shall melts work performed by Provider for Property Owner pursuant to the Addendum or under this Agreement. The schedule for the Services shall be agreed upon by the Parties. ']itis Services Agreement is not an exclusive dealings contract; Property Owner may purchase services similar or identical to the Services being provided hereunder from other service providers. III INVOICING, PAVNIENT AND TAX ES 3.1 Invoicing The Fees for the Services shall be set forth in the applicable Addendum Unless otherwise agreed by the Parties, Provider agrees to invoice ("Invoice) Property Owner for the Serices, and provide a copy of all Invoices to such address or addresses as Apartment investment and Management Company ("AIMCO") or Property,Owner may provide in the Addendum (which may be changed by AIMCO at any time) or otherwise, within thirty (30) calendar days after the provision thereof. 3.2 Paynientfor Services Unless otherwise agreed by the Parties, Property Owner shall remit payment to Provider as specified in the Addendum; provided, however, Property Owner shall not be obligated to pay any portion of an Invoice which it disputes in good faith and submits to arbitration pursuant to Section 8.13 of this Services Agreement. AIMCO (or an affiliate thereof) shall have the right, but not the obligation, to make a payment owed by the Property Owner hereunder, provided, however, nothing contained herein shall result in any liability of AIMCO or its affiliates, and no such payment shall create or constitute a course of dealing or course of conduct by AI\1C0 or its affiliates, and Provider hereby waives any such claim. In the event that AIMCO has notified Provider of its intention to make a payment due hereunder and such payment is not made, Property Owner shall remain filly liable for such payments. Property Owner may take a 2% discount from the invoice price for payment made within 20 days of receipt of invoice; otherwise, net payment is to be tendered within 30 days. 3.3 Taxer Provider shall be solely responsible for all taxes with respect to any compensation due hereunder or under the Addendum for any Services provided hereunder. IV TER1\4 AND TERIMINATION 4.1 Term This Agreement shall commence on the Effective Date and shall continue in effect until April 30, 2011 unless this Agreement is earlier terminated (tile "Term'). Property Owner may terminate this Agreement at any time by providing Provider with thirty (30) calendar days' written notice. in the event that Property Owner terminates this Agreement prior to Provider's completion of the Services under a Addendum, and Property Owner or AIMCO has paid for.uoh Servicog in fimll, Provider shall pay to Property Ownor or AIiv1CO3 as the case may be, any Fees that do not represent actual work performed and/or actual costs incurred, as described in Article Ili of this Agreement. Upon termination, the sole liability and obligation of Property Owner is for Property Owner to pay for such Services provided by Provider prior to the efffectiLc date of termination; provided, however, Property Owner may offset any damages incurred by it against such amounts owed to Provider and Provider shall remain liable to Property Owner for any (images caused by Provider's default. 4.2 Termination for Breach Either Party shall have the right to terminate this Agreement, as the case may be, if the other Party fails to cure any material breach of the Addendum or this Agreement within ten (10) calendar days of receiving written notice of such breach (such time period is referred to herein as the "Cure Period"). Consent to extend the Cure Period shall not be unreasonably withheld, so long as the breaching Party has commenced the cure ofthe breach during the Cure Period and pursues cure of the breach in good faith. Provider acknowledges and agrees that its sole recourse of any breach by Property Owner shall be the assets of Property Owner, provided, however, that nothing contained herein grants Provider any lien or similar rights with respect to the applicable property or other assets of Property Owner. 4.3 Effect of Termination Upon termination, the sole liability and obligation of Property Owner is for Property Owner to pay for such Services provided by Provider prior to the et%ctive date of termination; provided, however, Property Owner may ofi'set any damages incurred by it against such amounts owed to Provider and Provider shall remain liable to Property Owner for any damages caused by Provider's default The provisions of this Agreement which, by their reasonable terms, are intended to survive termination of this Agreement shall survive (including indemnification and confidentiality provisions). Page 1 of 10 Master Service Agreement over $10k version 2.0 March 2009 11 SERVICES AGREEMENT V COVENANTS AND WARRANTIES 5.1 Covenants Provider covenants and warrants to Property Owner that: (a) the. Services shall be performed consistent with generally accepted industry standards by adecprately trained and competent personnel, in a professional manner, utilizing sufficient and suitable equipment, with quality supplies, materials, in a manner so as to minimize annoyance, interference or disruption to tenants, occupants or invitees of the Property, and in accordance with the terms and conditions of this Agreement and the Addendum; (b) if the Services include the provision of products, such products shall be free of defects, fit for their intended use, conform to the specifications, terms and conditions set forth in this Agreement and the Addendum, free of any liens and conveyed with good title; (c) Provider shall comply with all applicable federal, state and local laws, ordinances, regulations and orders (collectively, "Laws") as well as with all rules and regulations promulgated by Properly Owner uviflt respect to entry onto the Property, and shall promptly notify Property Owner of any violation or potential violation of the Laws; (d) Provider shall, prior to commencing any work hereunder or tinder the Addendum, obtain and maintain throughout the "I enn till approvals, licenses and/or pennits required by any Law or governmental agency, board or olherjurisdiction; (e) upon completion ofthe Servicer, Provider shall (i) upon Property Owner's request, restore the Property to its original condition, (ii) leave the Property clean and free of all tools, equipment, waste materials and debris; and (iii) he liable for the cost of any utilities leis on by Provider or lis contractors, subcontractors or agents atter completing the Services and for any cost associated with Provider's noncompliance with this subsection (c); (I) Provider shall be responsible for damage to or thell of real or personal properly of Property Owner or tenants located at the Property caused by Provider's employees, contractors or agents; (g) where requested by Property Owner, Provider shall provide reports to Property Owner regarding the provision of Services, (h) Provider shall not iri inge on any trademark, copyright, patent or other intellectual property right utilized in providing the Services; (i) Provider shall maintain insurance that is customarily maintained by others in the industry, but in no event shall Provider have primary insurance in an amount less than the following. For usual and customary activities the following requirements apply. Activities for which the following requirements do not apply include higher risk services. Some examples of higher risk services include asbestos abatement, phase II environmental testing, moving and storage, and professional services performed by architects, engineers, or accountants. Workers compensation insurance as required by law, commercial general liability, including contractual liability, insurance on an occurrence basis in an amount of not less than $1,000,000.00, automobile liability insurance on an occurrence basis in an amount of not less than $1,000,000.00, and excess liability (umbrella coverage) in an amount of not less than $1,000,000.00 on an occurrence basis and an amount of not less than $1,000,000.00 in the aggregate. Upon commencement of this Agreement, Provider shall cause the insurer issuing such policies to issue a certificate to AIMCO continuing that such policies have been issued and are in fill] force and effect, and give 30 days prior written notice to AIMCO of cancellation or non -renewal. In addition, Provider shall provide AIMCO with written notice as soon as it becomes aware of a material change in any policy- AIMCO, and AIMCO's subsidiaries and affiliates that may directly or indirectly own or manage any property or properties at or for which Provider performs any work, shall be named as an additional insured on the general liability and automobile liability coverage. 6) neither Provider nor its employees, agents or contractors shall cause or permit to he caused any Hazardous Substances (defined below) to be located for whatever reason on the Property. "Hazardous Substances" means (a) any chemicals, materials or substances defined as or included in the definition of"hazardous substances," "hazardous wastes," "hazardous materials," `extremely hazardous wastes," "restricted ` hazardous wastes" `.toxic substances," "toxic pollutants," "contaminants" or "pollutants," or words of similar import, under any applicable Environntenlal Law; and (b) any other chemical, material or substance, exposure to which is prohibited, limited or regulated by any governmental authority. "Environmental Law" means any federal, slate or local statute, law, rule, regulation, ordinance, code, policy or rule of common law now or hereafter in effect and in each case as amended, and any judicial or administrative interpretation thereof, including any judicial or administrative order. consent decree or -judgment, relating to the environment, health, safety or Hazardous Substances, including without limitation the Comprehensive Environmental Response, Compensation and Liability Act of 1980, as amended, 42 U.S.C. § 9601, et seq.; the Hazardous Materials Transportation Act, as amended, 49 U.S.C. app. § 1801, et seq.; the Resource Conservation and Recovery Act, as amended, 42 U.S-C. § 6901, et seq.; the Federal Water Pollution Control Act, its amended, 33 U.S.C. § 1251, et seq.; the Toxic Substances Control Act, 15 U.S.C.§ 2601, et seq.; the Clean Air Act, 42 U.S.C. § 7401, et seq.; and the Safe Drinking Water Act, 42 U.S.C. § 300f, et seq.; (k) in the event that Provider files for bankruptcy or receivership under federal or similar state laws or has filed against it it similar proceeding, Provider shall dismiss such action within sixty (60) days after filing, (1) neither Provider nor its employees, agents or contractors shall use lead-based paint (or any constituent or product that contains lead -basest paint) on the Property; and (nr) if the provision of Services includes the provision of products, risk of loss for :any prodtactS shall remain .:ilh Provider until such products shall be delivered and accepted by Property Owncr. All delivery, shipment, freight and other similar charges shall be the sole responsibility of Provider. Provider shall ship all orders in 11A1, except where Property Owner has given its prior approval to receive partial orders. Provider may not substitute products without the prior written approval of Property owner, in Property Owners' sole discretion- Time shall be of the essence with respect to this Agreement and the addendum. If Provider fails to deliver on time, Property Owner may purchase replacements from a third party and Provider shall be liable for the actual and reasonable costs and damages incurred by Properly Owner. 5.2 Warranties (a) Provider has not and will not disclaim any implied or express wamnties. (b) Property Owner shall not be required to inspect or approve any of the Services or products; the failure of Property Owner to discover defects or deficiencies therein shall not constitute an acceptance of any defective or deficient Service or product, and shall not relieve Provider of its responsibilities pursuant to this Agreement. If any products supplied do not conform to those warranted, Provider shall timely substitute conforming products; provided, that, if Provider is required to produce and supply conforming products as a result of a breach of this warranty, Property Owner shall not be responsible for any costs or fees associated therewith. VI OWNERSHIP OF MATERIALS Property Owner shall have all right, title and interest in and to all information and work product, including but not limited to all inventions, original works of authorship, developments, concepts, know-how, discoveries, unprovements, trade secrets, secret processes, patents, patent applications, sen'ice marks, trademarks, trademark applications, copyright and copyright registrations, whether or not patentable or registerable under copyright, trademark or other similar laws, acquired, gathered, developed, made or conceived by Provider, in whole or in part, alone or with others, as a result of prodding Services hereunder (the "Works"). The Works shall be deemed to be "works made for hire" under United States copyright law (17 U.S.C, Page 2 of 10 Master Service Agreement over $10k version 2.0 March 2009 SERVICES AGREEMENT Section 101 et seq.) and made in the course of this Agreement. To the extent such Works may not, by operation of law, vest in Property Owner or such works may not be considered to be works made for hire, all right, title and interest therein are hereby irrevocably assigned to Property Owner. Provider understands that Property Owner may register the copyright, trademark, patent and other rights in the Works in Property Owner's name. Provider agrees not to use the Works for the benefit ofanyone other than Property OwTier, without Properly Owner's prior written permission. VII REMEDIES, DAMAGES AND INDEMNIFICATION 7.1 CmnnilativeRemedies Property Owner's rights and remedies herein shall be cumulative and in addition to any other or fiuther rights and remedies available at law or equity. 7.2 nonmges Except with respect to indemnification provided in Section 7.3 below, each Party waives the right to special, indirect, consequential and punitive damages, including lost profits. Notwithstanding anything to the contrary, in no event shall Property Owner be liable for damages or losses in excess of the actual amount payable by Property Owner to Provider for the supply of a particular Service actually provided hereunder. 7.3 lnrleninificotion Provider shall indemnify, hold harniless and, if requested by Properly Owner in its sole and absolute discretion, defend (with counsel approved by Property owner) Property owner, its employees, agents, principals and stockholders (the "Indemnified Parties") and hold them harmless against any loss, liability, deficiency, damage, expense or cost (including reasonable legal expenses), actually incurred or paid (collectively, "Losses"), which the Indemnified Parties may suffer, sustain -or become subject to, as a result of (i) any misrepresentation in any of the representations and warranties of Provider contained herein or in the Addendum; (ii) any breach of, or failure to perform, any agreement or covenant of Provider contained herein or in the Addendum; (iii) Provider's negligence or misconduct; or (iv) Provider's violation of, or noncompliance with any Law. 7.4 lVaiver Provider hereby waives any and all claims against the Indemnified Parties for any Losses incurred by reason of or arising out of any injury to or death of any person(s), damage to properly, loss of use of arty property, violation of Law, or otherwise in connection with the condition of the Property or any facilities therein, any event or occurrence on or about the Property or the acts or omission of any person, except with respect to the gross negligence or willfid iniseonduct ofan Indennified Party. VIII GENERAL, 8.1 Nondiwclostire Property Owner may disclose to Provider Confidential Information; however, Provider agrees that it will not use the Confidential Information for purposes other than those necessary to directly fiurther the purposes of this Agreement Except as otherwise expressly permitted in this Agreement, Provider will not disclose to third parties the Confidential Information without the prior written consent of Property Owner. Provider shall protect the Confidential Information from unauthorized disclosure or use with the sante degree of care that Provider uses to protect its own like information. Provider shall notify its receiving employees, agents and contractors of their confidentiality obligations with respect to the Confidential Information of Property Owner and shall require its employees, agents and contractors to comply with these obligations. Other than as to information related to Fees due under this Agreement, which shall terminate two (2) years after the termination or expiration of this Agreement, the confidentiality obligations of Provider and its employees, agents and contractors shall survive indefinitely after the termination or expiration of this Agreement Provider acknowledges that its breach of this Section 8.1 may cause irreparable injury to Property Owner for which monetary damages may not be an adequate remedy. Accordingly, Provider shall be entitled to seek injunctive or other equitable relief in the event of such a breach. 8.2 Relationship Between the Parties The relationship between the Parties shall at all times be that of independent contractors. Nothing contained in this Agreement shall be construed to create a partnership, joint venture, agency or other form of joint enterprise relationship between the Parties. Each Party shall be solely responsible for payment of all compensation owed to its employees, as well as employment related taxes. Neither Party shall have authority to contract for or bind the other Party in any manner whatsoever. This Agreement confers no rights upon either Party except those expressly granted herein. 8.3 Governing Lcnr mrd .fierisdiction This Agreement, and all matters arising out of or relating to this Agreement, shall be governed by and construed in accordance with the laws of the State of Colorado and shall be deemed to be executed in Denver, Colorado. Any legal action or proceeding relating to this Agreement shall be adjudicated in the District Court of the County of Denver, State of Colorado or the United States District Court for the State of Colorado. The Parties agree to submit to the exclusive jurisdiction of, and agree that venue is proper in, the aforesaid courts in any such legal action or proceeding. 8.4 Notices All nolicos, including notices of address change, required to be cont horoundor shall be in writing to the address listed in lire applicable Addendum, with a copy to: Legal Department AIMCO 4582 South Ulster Street Parkway, Suite 1100 Denver, CO 80237 Notices shall be delivered and shall be deemed received: (a) by hand delivery, upon receipt thereof; (b) by mail, seven (7) days after deposit in the United States mails, postage prepaid, sent via first-class mail; (c) by facsimile transmission, upon electronic confirmation thereof; (d) by next day delivery service, upon such delivery; or (e) by e-mail. 8.5 Severability In the event that any provision of this Agreement is held to be illegal, invalid au unenforceable, such provision shall he elimhuted or eliminated to the minimum extent necessary so that the remaining provisions of this Agreement will remain in full force and effect and he enforceable. 8.6 Waiver The waiver by either Party of any default or breach of this Agreement, or the failure by a Party to exercise any rights hereunder, shall not operate or be deemed a waiver of any other or subsequent default or breach or of such Party's rights or any other rights in the future. Except for actions for nonpayment or breach of either Party's intellectual properly rights, no action, regardless of form, arising out of this Agreement may be brought by either Party more than one (1) year after such cause of action has occurred. 8.7 F.rttire Agreement This Agreement, together with any associated Addendum that specifically references this Agreement, constitutes the complete agreement between the Parties and supersedes all preNious and contemporaneous agreements, proposals or representations, written or oral, concerning the subject matter of this Agreement Page 3 of 10 Master Service Agreement over $10k version 2.0 March 2009 SERVICES AGREEMENT 8.8 1Aauerndnnent Neither this Agreement nor an Addendum may be modified or amended except in writing signed by a duly authorized representative of each Patty. No other act, document, usage or custom shall be deemed to amend or modify this Agreement or an Addendum. It is expressly agreed that any terms and conditions of Property Owner's purchase order, tern sheet, agreement or other negotiations with Provider shall he superseded by the terms and conditions of this Agreement and the applicable Addendum. 8.9 Farce dlrrjerrre Each Party shall be excused for failure to perforin any part of this Agreement due to events beyond its control, including but not limited to fire, storm, flood, earthquake, explosion, accident, riots and other civil disturbances, sabotage, strikes or other labor disturbances, injunctions, transportation embargoes, computer viruses, acts of terrorism or delays, failure of performance of third parties necessary for the Parties' performance under this Agreement, or the laws or regulations of the federal, state or local government or branch or agency thereof; provided, however, no force majeure event shall excuse the obligation of the Party claiming the benefit of a force majeure event from paying the applicable fees for any Services provided; and, further provided, that the party whose performance is being interrupted shall provide immediate. notice to the other Party. If the force majeure event continues for ten (10) or more days, then such non-perfonning Party may temtinate this agreement. Property Owner may procure services from an alternative service provider during and after a period of force majeure. 8.10 Assignability; Successors and lissigns Neither Party hereto shall assign this Agreement in whole or in part without the prior written consent of the other Party hereto, which consent shall not be unreasonably withheld or delayed, provided, however that AIMCO or Property Owner shall have the right to assign this Agreement without Provider's consent. Thin Agrccmcnt shalt inure to the bend -it of and shall lw binding upon the successor and permitted assigns of the Parties hereto. 8.17 Construction Descriptive headings to Sections are for convenience only and shall not control or affect the meaning or construction of any provisions in this Agreement. 8.12 Counterparts This Agreement may be executed in one or more counterparts, each of which shall be deemed an original instrument, but all of which counterparts together shall constitute one and tate same instrument. Transmission by facsimile of an executed counterpart signature page hereof by a Party hereto shall constitute due execution and delivery of this Agreement by such Party. 8.13 Arbitration In the event a dispute shall arise between the parties to this Agreement or the Addendum, it is hereby agreed that the dispute shall be administered in accordance with the then current Commercial Arbitration Rules of the American Arbitration Association ("AAA'). Any matter to be settled by arbitration shall be submitted to the AAA in Denver, Colorado. The Parties shall attempt to designate one arbitrator from the AAA_ if they are unable to do so within 30 days after written demand therefore, then the AAA shall designate an arbitrator. The arbitration shall be final and binding, and enforceable in any court of competent jurisdiction. The arbitrator shall award attorneys' fees (including those of in-house counsel) and costs to the substantially prevailing party and charge the cost of arbitration to the Party which is not the substantially prevailing Party. Notwithstanding anything herein to the contrary, this Section 8.13 shall not prevent either Party from seeking and obtaining equitable relief on a temporary or permanent basis from a court of competent jurisdiction located in Denver, Colorado. The court's jurisdiction over any such equitable matter, however, shall be expressly limited only to the temporary, preliminary or permanent equitable relief sought 8.14 Gifts Provider is prohibited from providing gifts or other things of value worth more than S25 cumulative during the Terns of the Agreement to Property Owner or its affiliates, employees agents or contractors. 8.15 Third Parry, Beneficiaries This Agreement is for the sole benefit of the Parties, except that AIMCO and its affiliates are intended to be third poly beneficiaries of this Agreement with respect to Sections 3.2, 8.15, 9.17 and the indemnified Parties with respect to Provider's indemnification. 8.16 No Use of None Provider shall not publicize, publish or otherwise use the name of Property Owner, AIMCO or any of their affiliates in any advertising, customer list or similar document, or otherwise disclose the contractual relationship with Property Owner, AIMCO, or their affiliates, without the prior written approval o£AIMCO, which may be given or withhold in AIMCO's sole discretion. 8.17 No Recordation Provider shall not record this Agreement, the Addendum or a memorandum of either. 8.18 Eleclronic, tystenn integration Provider agrees to provide all reasonable cooperation requested by Property Owner as Property deems necessary in order to allow Property Owner to implement and integrate an electronic method of purchase order submission; an electronic method of procurement and payment; and an e-commerce program system. Upon implementation of such electronic systems, Provider shall accept and record purchaso orders and payments from Proporly Owner through such electronic systems. 8.19 intellectual Property a. In the event that the Services involve the provision of any software, material, information or products that involve Intellectual Property, Provider represents that it has agreements in place with its employees and independent contractors sutTicient to convey all ownership in such work product to Property Owner, and that Provider will, during the tern ofthis Agreement, including any renewal terns, enter into agreements with its employees and independent contractors, sufficient to convey all ownership in such work product to Property Owner. b. If Provider refuses or Property Owner is unable for any reason to secure Provider's signature to execute any assignment or to apply for or to pursue any application of any United States or foreign patents, trademarks or copyright applications or registrations covering the Intellectual Property, then Provider hereby irrevocably designates and appoints Property Owner and its duly authorized managers, members, representatives and agents as the Providers agent and attorney in fact, to act for and in the Provider's behalf and stead to execute and file any such applications and to do all other lawfully. permitted acts to further the protection and issuance of letters patent, or copyright registrations thereon with the same legal force and effect as if executed by Provider. Provider further agrees that Provider's obligation to execute or cause to be executed, when it is in Provider's power to do so, any such instrument or papers shall continue after the termination of this Agreement until the expiration of the last well intellectual property right to expire in any country in the world- 8.20 orld 8.20 Website Access Property Owner or AIMCO may permit, in their sole discretion, Provider to access certain websites which contain information about AIMCO, its atliliates, and/or their properties or business. If Property Owner or AIMCO permits such access, Provider will be given a user name and password. Property Owner or AIMCO may change the user name or password at any time or deny access to the website(s) at any time. Property Owner or AIMCO Page 4 of 10 Master Service Agreement over $1 Ok version 2.0 March 2009 SERVICES AGREEMENT also may change the information on the website(s) at any time. llte information contained on the website(s) is confidential and subject to the confidentiality provisions of this Agreement. None of AI\•ICO, Property Owner or their aflifiates make any representations or warranties regarding the information contained on the website(s) and Provider uses such information at its own risk. Provider may use the information on the rvebsite(s) only for purposes of fiuthering its activities under this Agreement. 8.21 Books and Records Provider shall maintain books and records with respect to the Services to be provided and the Compensation to be paid hereunder: Property Owner shall, for a period of three years atter the expiration or termination of this Agreement, have the right to review and audit the books and records of Provider with respect to such Services. In the event such audit determines that Property Owner has overpaid Provider, Provider shall immediately pay the amount of overpayment plus interest at 12% per annum from the date when such Compensation originally was paid. 5.22 Signoture Authority and Validity Any trannaotion over $10,000.00 in eunndntive vedue over lite "roan of Ihie Agreement, or binding more than one (1) Property Owner, shall be valid only if signed by it vice president or higher ranked individual within Property Owner. [the remainder of this page intentionally left blank] Page 5 of 10 Master Service Agreement over $10k version 2.0 March 2009 SERVICES AGREEMENT ADDENDUM TO SERVICES AGREEMENT — EXHIBIT A 1. Name of Property Owner: An, WO NORTH ANDOVER, L.L.C. 2. Comrtumity Name (if applicabie):Roayl Crest Estates 3. Apartment Property Address (include street address, city, state and zip code): 50 Royal Crest Drive, North Andover-, NIA, 01845 4. Apar menLProperty Telephone Number & Facsimile Number (include area code): Phone: (978) 681-1822 Fax: (978) 682-9064 5. Address for Invoices: AIRICO, PO Box 981725, EI Paso TX 79998-1721 (w/duplicates to property) 6. Pull Legal Name of Provider: East Coast General Contracting alta Thomas 14. Kinnel 7. Provider's Address (include street address, city, state and zip code): 286 Broadway, Haverhill MA 01832 8. Provider's Telephone Number & Facsimile Number (include area code): Phone: 978-360-0051 s Fax: 978-372-4215 EAST Co.4ST GEj(VEgVL C09VTWACTING 286 Broadway YfaverhiCCW.,4 01832 Vendor # 292836 Royal Crest Estates North Andover, MA Work Order/Change Order Date: 3 / 10 /2011 Building: 32 Apartment # 3,7,8,10,11,12 Description/scope of work: As per the attached scope. Estimated cost for work including all labor and materials. $ 23,700.00 AIMCO Management East Coast Represents y East Coast General Contractin Unit # 3 Unit # 7 Unit # 8 BUILDING RESTORATION PROFESSIONALS 286 Broadway Haverhill, Ma. 01832 Phone 1-978-360-0051 Fax 1-978-372-4215 Estimate Building 32 Ice Dam Damage. Units 3, 7, 8, 10, 11, 12 Sheetrock 32 sq./ft. mud, sand, prime and texture. Paint ceilings and walls. Sheetrock 10 sq./ft. mud, sand, prime and texture. Paint ceilings. Prime stain and paint ceiling. Unit #10 Sheetrock 960 sq./ft. Mud, sand and prime. Insulate exterior walls. Paint ceilings and walls. Carpet Unit #11 Sheetrock 600 sq./ft. mud, sand, prime. Insulate exterior walls. Paint ceilings and walls. Carpet Building 32 Repairs Demo for all above listed units. Building Total Estimate is good for 30 days. $ 980.00 $ 810.00 $ 190.00 $ 6,960.00 $ 4,970.00 $ 14,100.00 $ 9,600.00 $ 23,700.00 Sincerely,�-"`� 3/10/11 Location �W.04 -!7 No. Date TOWN OF NORTH ANDOVER 0 Certificate of Occupancy $ Building/Frame Permit Fee $ C14U Foundation Permit Fee $ Other Permit Fee $ TOTAL $ Check# (a 3 23948 Building Inspector