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HomeMy WebLinkAboutBuilding Permit #523 - 50 ROYAL CREST DRIVE 1/6/2012Permit N0: _62-_�9 Date Issued: /—&7-/ LOCATI - PROPEI BUILDING PERMIT TOWN OF NORTH ANDOVER APPLICATION FOR PLAN EXAMINATION Date Received IMPORTANT: Applicant must complete all items on this page a tIORT,4 1 q � F'? motif++ '6 0070 runt MAP°NO: PARCEL: ZONING DISTRICT: Historic -District yesno Machine Shop Village yes -no TYPE OF IMPROVEMENT PROPOSED USE Residential Non- Residential ❑ New Building ❑ One family ❑ Addition 0 Two or more family ❑ Industrial ❑ Alteration No. of units: ❑ Commercial ❑ Others: 'Repair, replacement ❑ Assessory Bldg ❑ Demolition ❑ Other Septic ❑ Well . ❑ Floodplain ❑ Wetlands ❑ Watershed District ❑ Water/Sewer ,._,, _ DESCRIPTION/PF WORK TO BE PREFORMED: Identification ] OWNER: Name: P ; r,, _o A.)o Address: 5_0 .CONTRACTOR Name: e_:-5,17 WA Address D_ se '1'y a or rant Clearly) h �» 6ve✓ LL C Phon �r'I,y r, tidA / ,vd lorosx 'y'"+ Phone: 6 /7 Supervisor's Construction License: 77 X l .SExp. Date:. za l a Home Improvement License: Exp.. Date: ARCHITECT/ENGINEER/i/dNe— 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: $% / �� 9W.00 FEE: $ Check No.:(� Receipt No.: NOTE: Persons contracting with unregistered contractors do not have access to the guars ty fund Si nature of A gent/Owner ,: --���vhag g Signature of contractoGj j 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 Li 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) 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 ❑ 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 submitted with the building application Doc: Building Permit Revised 2008 n 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 Dumpster on Site ❑ THE FOLLOWING SECTIONS FOR OFFICE USE ONLY INTERDEPARTMENTAL SIGN OFF - U FORM PLANNING & DEVELOPMENT DATE REJECTED DATE APPROVED ❑ ❑ COMMENTS CONSERVATION Reviewed on Signature COMMENTS HEALTH Reviewed on Signature COMMENTS ,i Zoning Board of Appeals: Variance, Petition No: Planning Board Decision: Conservation Decision: Com Comments ng Decision/receipt submitted yes Water & Sewer Connection/Signature & Date Driveway Permit DPW Town Engineer: Signature: Located 384 Osgood Street FIRE DEPARTMENT Temp Dumpsfer on siteyes _no Located, at 124 Main Street Fire 'Departrnent signature/date COMMENTS Dimension Number of Stories: Total land area, sq. ft.: Total square feet of floor area, based on Exterior dimensions. ELECTRICAL: Movement of Meter location, mast or service drop requires approval of Electrical Inspector Yes No DANGER ZONE LITERATURE: Yes MGL Chapter 166 Section 21A —F and G min.$100-$1000 fine NOTE5 and UA I A — (For department use ❑ Notified for pickup - Date Doc.Building Permit Revised 2009 No F--- l ! Location 0 L G ST No. Date Np^Th TOWN OF NORTH ANDOVER } �o Certificate of Occupancy $ CMUs Building/Frame Permit Fee $ Foundation Permit Fee $ Other Permit Fee $ TOTAL $ Check # 2493-3 Building Inspector 0 x F u o w° a J)w° r•a G cz a°' U w 7 w°' w 0 w°' cn i w o w w" w q. po y aj cn O cn . c c .cam o � c ` N O C v V •d � CL C m C CD p � �! I, O i i w3 a. di m .o Yz p - o ' m �Z F O C. �1 O Q� � � N ,NG V OCs ca m R y V cmca m 'O a :.E cv h CD 4D C:j • N m � C3. N Z A O ❑ . O QO = m Qy=,, C ; O H m .. W C ,Me -0 . o .. c .. F= .� .d t cv C W �E ° 0 c.3m o� y Q. CD o ao = A .0 The Commonwealth of Massachusetts Board of Building Regulations and Standards Massachusetts State Building Code, 780 CMR, 7h edition Building Permit Application Residential ❑ Commercial AOther Description: 1.1 Pro erty Add ss: 1.2 Assessors Map & Parcel Numbers .5'0 X6 ya / ukes-4 & ye - 1.1 a Is this an accepted street? yes—X_no Map Number Parcel Number 1.3 Zoning Information: 1.4 Property .Dimensions: FOR MUNICIPALITY USE Revised January 1, 2008 Zoning District Proposed Use Lot Area (sq ft) Frontage (ft) 1.5 Building Setbacks (ft) Front Yard Side Yards Rear Yard Required Provided Required Provided Required Provided 1.6 Water Supply: (M.G.L c. 40, §54) 1.7 Flood Zone Information:1.8 Sewage Disposal System: Public ❑ Private ❑ Zone: Outside Flood Zone? Municipal ❑ On site disposal system ❑ Commercial- Service Size Check if yes❑ 2.1 Owner' of ecor n t � C, Name (Print) Signature 0 07 .h- k5 ye - Address' Address for S rvi ce: Telephone New Construction ❑ Existing Building Owner -Occupied ❑ 1 Repairs(s) I Alteration(s) ❑ 1 Addition ❑ Demolition ❑ AccessoryBldg. ❑ Number of Units Other ❑ Specify: Brief Description of Proposed Work: Item 1. Building $ 2. Electrical $ 3. Plumbing $ 4. Mechanical (HVAC) $ 5. Mechanical ^- $ 6. Total Project Cost: I $ Estimated Costs: abor and Materia 5 1 Licensed Construction Supervisor (CSL) Nv S ildeAe N e f C Hol er tlo bak c�4kee4 Ad re I c& I Signature 77 N— % Telephone (e 5.2 Registered Home Improvement Contractor (HIC) HIC Company Name or HIC Registrant Name Address Signature Telephone 7 �L15/ License Number List CSL Type (see below) U Unrestricted (up to 35,000 Cu. R Restricted 1&2 Family Dwellii M Masonry Only RC Residential Roofing Covering WS Residential Window and Sidin SF Residential Solid Fuel Bumin D Residential Demolition Registration Number Expiration Date Installation Workers Compensation Insurance affidavit must be completed and submitted with this application. Failure to provide this affidavit will result in the denial of the Issuance of the building permit. Signed Affidavit Attached? Yes .......... flQ No ........... ❑ 1, .a AVA1 f;-- 0;w4 wr-JRfii otA as Owner of the subject property hereby authorize to act on my behalf, in all matters by this building permit application. I/Va We I, '—)) 001(111 M 1 k, t ti:kA 1:110 'as Owner or Authorized Agent hereby declare that the statements and information on the foregoing application are true and accurate, to the best of my knowledge and behalf. Print Signature Owner 6r Authorized Agent (Signed under the pains and penalties of perjury) � IZ Date 1. An Owner who obtains a building permit to do his/her own work, or an owner who hires an unregistered contractor (not registered in the Home Improvement Contractor (HIC) Program), will not have access to the arbitration program or guaranty fund under M.G.L. c. 142A. Other important information on the HIC Program and Construction Supervisor Licensing (CSL) can be found in 780 CMR Regulations I IO.R6 and I I O.R5, respectively. 2. When substantial work is planned, provide the information below: Total floors area (Sq. Ft.) (including garage, finished basement/attics, decks or porch) Gross living area (Sq. Ft.) Habitable room count Number of fireplaces Number of bedrooms Number of bathrooms Number of half/baths Type of heating system Number of decks/ porches Type of cooling system Enclosed Open GENERAL CONSTRUCTION SERVICES CONTRACT CONTRACTOR: ESI Waterproofing & Masonry Contract No.: CAPR-00013510-416537-01 Property: 42391, Royal Crest Estates (North Andover) Address: 60 Clayton St., Location: 50 Royal Crest Drive, Boston, MA 02122- North Andover, MA 1845 Representative: Mark Sarno Issuing Office: Regional Office Telephone: 617-265-7222 Address: Two Greenwood Square Facsimile: 617-265-9404 3331 Street Rd., Suite 450 E-mail: mark@esiwrn.com Bensalem, PA 19020 Contract Sum: $114,954.00 Contract Type: Lump Sum This eneral Construction Services Contract ("Contract") is effective as of the 18th day of October, 2011, by and between ESI Waterproofing & Masonry ("CONTRACTOR") and AIMCO 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 CON RACTOR'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 1 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"): Firewall Repairs. The "Contract Documents" consist of this Contract, Exhibits to the Contract (including the drawings, specifications or addenda referenced in Exhibit "B"), 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 waof illustration and not limitation, the Americans with Disabilities Act, the Fair Housing Act and the Occupational Safety and Health Act (29 CFR) "Laws"). 1.2 CONTRACTOR accepts the relationship of trust and confidence established with OWNER by this Contract and covenants with OWN R to exercise the highest degree of skill, care and judgment in the performance of the Work hereunder and in furthering the interest of OWNER. 2.0 1 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 Proce d issued by OWNER, in which case the date set forth in the Notice to Proceed shall control (the "Date of Commencement"). CONI RACTOR shall achieve Final Completion of the Work no later than the Date of Final Completion set forth below. "Final Completion" or "Final 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: 10/31/2011 Date of Final Completion: 12/15/2011 2.2 CONTRACTOR shall prepare and submit to OWNER for approval a construction schedule (the "Construction Schedule') based on and consistent with the dates set forth above and any other OWNER requirements. Upon approval, 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 Schec ule, subject to any adjustments thereto in accordance with the terms of this Contract. 2.3 If CONTRACTOR's rate of progress is such that the amount of Work completed within any time period specified by the Construction Sche ule 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 CONI RACTOR requesting such acceleration. CONTRACTOR expressly agrees that its sole and exclusive remedy for such acceleration shall be ar 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 fails to achieve Final Completion of the Work, or designated portions of the Work y the dates set forth in this Contract, OWNER will incur substantial damages and the extent of such damages shall be incapable or very difficu t of accurate measurement. Nonetheless, the parties acknowledge that as of the execution date of this Contract, the amount of liquidated damai les 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 OWN R when incurred or in such manner as OWNER deems appropriate. 3.0 COMPENSATION, PAYMENTS AND FINAL PAYMENT Approved: Short Form, GC, Lump Sum, Contract, April 8,-2008 1 of 5 Contract No. CAPR-00013510-416537-01 3.1 OWNER will pay CONTRACTOR the Contract Sum in current funds for CONTRACTOR's full and faithful performance of the Work in accor ante 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 pers n(s) and location(s) designated by OWNER. Based upon OWNER's review and approval of Applications for Payment submitted to OWN R by CONTRACTOR for performance of the Work, OWNER will make payments as provided herein. The period covered by each Appli ation for Payment shall be one calendar month. CONTRACTOR shall submit Applications for Payment no more than once a calendar mont . Owner will pay CONTRACTOR that amount set forth in the Application for Payment within thirty (30) days after OWNER's receipt of an Appli(ation for Payment, less those amounts properly withheld pursuant to the terms of this Contract. Owner may utilize any one of the follov ring as a basis for rejecting, and requiring CONTRACTOR to resubmit, an Application for Payment: i) failure to specify the full contr ct number; ii) failure to submit full supporting documentation required by Paragraph 3.3; iii) submission of an Application for Pay ent bearing a date that is more than seven (7) days earlier than the date such Application for Payment is actually received by OWN R; 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 liens from CONTRACTOR, all subc ntractors and suppliers of Work under this Contract (the "Release Documents") in the form attached hereto as Exhibit "E" and any other evide ice in a form satisfactory to OWNER demonstrating that all labor, materials, bills, invoices, payroll taxes of any kind and any other indeb edness 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 L ws and requirements of the state in which the Project is located, it shall be the responsibility of CONTRACTOR to notify OWNER and to provi a 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 la s of the state in which the Project is located shall be a breach of this Contract and CONTRACTOR shall be liable for any damages incurr d 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 obliga ions in any manner (a "Disputed Amount"). OWNER may withhold such Disputed Amount until 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 8. 3.5 When the entire Work is Finally Complete in accordance with this Contract, CONTRACTOR's subsequent Application for Payment shall a 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 thirty (30) days after CONTRACTOR has achieved Final Completion, has satisfied all requirements for Final Payment set forth herein, and has submitted to OWNER the fir al Application for Payment. A precondition to CONTRACTOR's entitlement to Final Payment shall be the execution and delivery of final Relea se Documents. The acceptance of Final Payment shall constitute a waiver of all claims by CONTRACTOR against the Indemnified Parties (as dE fined in Paragraph 7.2), except insofar as CONTRACTOR has previously notified OWNER in writing. The making of Final Payment shall not c nstitute acceptance of the Work or of any goods or materials provided under the Contract nor shall it constitute a waiver of any rights or claim 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 hereu ider. 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 a idit the books and records of CONTRACTOR with respect to such Work and fees. If such audit determines that OWNER has overpaid CONI RACTOR, CONTRACTOR shall immediately pay the amount of overpayment plus interest at 12% per annum from the date when such payment originally was due. The CONTRACTOR shall include a provision similar to this Paragraph 3.6 in each of its subcontract agreements requir ng 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 o her data relating to this Project. 4.0 1 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 CON RACTOR 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"). 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 portio, of the Work. 5.0 1 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 CO qTRACTOR in writing. OWNER's Representative will be the following individual(s): Name: Daniel F. Lynch; Title: Director of Construction; PhonE Number: 412-996-0361 ; Email: dariiel.lynch@aimco.com. 5.2 If CONTRACTOR fails to perform or correct Work that is not in accordance with the Contract Documents, OWNER may direct CON RACTOR, in writing, to stop the Work until the correction is made. OWNER will have the right at any time to direct CONTRACTOR to Approved: OWNER' sf' ` - CONTRALTO Short Form, GC, Lump Sum, Contract, April 8,-2008 2 of 5 Contract No. CAPR-00013510-416537-01 suspE nd CONTRACTOR's performance of the Work or any portion of the Work for any reason whatsoever, or without reason, for such period of time s 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 separ to 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, techn ques, sequences or procedures, or for safety precautions and programs in connection with the Work. CONTRACTOR shall be solely respo sible 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 requir ments of the Contract Documents, and pay for any damage to other work resulting therefrom, which shall appear within a one (1) year perioc 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 title, the risk of loss to any materials, equipment and furnishings, provided or to be provided pursuant to this Contr ct, 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: i) noise, including music; ii) the use of offensive language; iii) smoking or drinking of alcoholic beverages on the Project Site; iv) physical violence; v) riding in the passenger elevators; vi) thievery; and vii) the transportation of articles or materials deemed hazardous. If OWNER determines, in its sole discretion, that any la orer or worker needs to be removed due to his or her failure to comply with the terms of this provision, CONTRACTOR shall remove such labors r 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 day. 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 7.1 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 commercial general 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 maint 3in workers compensation insurance as required by Laws and shall furnish OWNER with evidence of such insurance. CONTRACTOR shall urnish 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 relieve CONTRACTOR of its contractual obligations and CONTRACTOR shall remain liable for each of the insurE nce obligations set forth hereunder. Insurance certificates shall clearly identify OWNER, the Additional Insureds, contract number and all insur nce 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 andsubsidiary 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 base upon statutory, contractual, tort or other liability hereunder; provided that no person or entity indemnified hereunder shall be Approved: OWNER i::'A_1L�{�. CONTRACTOF Short Form, GC, Lump Sum, Contract, April 8,-2008 3 of 5 Contract No. CAPR-00013510-416537-01 inde nified for claims arising from such person's or entity's own negligence, and the provisions of this Paragraph shall not be cons rued to require CONTRACTOR to indemnify any person or entity indemnified hereunder for or against such person's or entity's own iegligence or to require any indemnification which would make the provisions of this Paragraph void or unenforceable. In the eveni any provision contained in this Paragraph or elsewhere in the Contract Documents shall be deemed void 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 party or pers n 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 terms ation of this Contract. Other provisions of this Contract, which, by their reasonable terms, are intended to survive termination of thi Contract, shall survive termination. 7.3 I CONTRACTOR waives and releases all claims for or right to any consequential, incidental, exemplary, punitive or special damaaes. 8.0 1 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: i) issuance of an order of a court or other public authority having jurisdiction; ii) 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 p rsistently failed to fulfill OWNER's obligation under the Contract with respect to matters important to the progress of the Work. If for the reaso is set forth in this Paragraph 8.1, the Work is suspended for thirty (30) days and no cure has been effectuated, CONTRACTOR may, upon twent1 (20) additional days written notice to OWNER, terminate this Contract. In the case of a partial suspension of the Work, CONTRACTOR shall ontinue to perform work not affected by such partial suspension. If the Work is suspended, an equitable adjustment may be made in the Contr ct Sum, Guaranteed Maximum Price and the Construction Schedule. 8.2 OWNER may terminate the Contract if CONTRACTOR: i) refuses or fails to supply enough properly skilled workers or proper materials; ii) fails to make payment to subcontractors for services, materials or labor; iii) disregards any Laws; or iv) otherwise has materially breac ed 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: i) take possession of the S to and of all materials, equipment, tools, and construction equipment and machinery thereon owned by CONTRACTOR; or ii) accept assignment of subcontracts and finish the Work by whatever reasonable method OWNER may deem expedient. When OWNER terminates the Contr ct for one of the reasons stated in this Paragraph 8.2, CONTRACTOR shall not be entitled to receive further payment until the Work is comp ete. If OWNER's termination of CONTRACTOR pursuant this Paragraph 8.2 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 termir ation 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 CON RACTOR to terminate outstanding orders and subcontracts. 9.0 1 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 affi iates 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 throuc h an authorized representative(s) of the OWNER. Notwithstanding anything contained herein to the contrary, such authorized repre entative(s) and/or its affiliates shall not incur any liability, or other obligation, under this Contract to CONTRACTOR, for any reason, Approved: OWNER 9 r' CONTRACTO Short IForm, GC, Lump Sum, Contract, April 8,-2008 4 of 5 Contract No. CAPR-00013510-416537-01 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). 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 (i) consents to the jurisdiction of such state court in any s ch suit, action or legal proceeding, (ii) waives any objection it may have to the laying of venue of any such suit, action or legal proceeding in su h state court (iii) waives any defense based upon inconvenient forum or improper venue and (iv) waives any right it may have to remove such uit, action or legal proceeding to the courts of the United States. CONTRACTOR further agrees that any and all disputes arising out of or relati g to this Contract or the performance of it by either party shall be adjudicated solely by and be governed by the laws of the State of Color do 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 simila 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 writtep approval of AIMCO, which may be given or withheld in AIMCO's sole discretion. This ontract entered into as of the day and year first written above. OWNER: CONTRACTOR: AIMCO NORTH ANDOVER, L.L.C. ESI Waterproofing & Masonry By: EN02415-OP Property Mgmt, LLC, solely as authorized rep esentative of Owner - " CONTRACTOR's License No.: Aut orizedSignature .._.... �:--� -, .L ..-;,":� Authorized Signature: , y Print Name: Frank J. S ubowski Print Name: Mark Sarno Pri t Title: Vice President, Construction Services Print Title: President Approved: Short (Form, GC, Lump Sum, Contract, April 8,-2008 5 of 5 Contract No. CAPR-00013510-416537-01 _L ,aco v® CERTIFICATE OF LIABILITY INSURANCEDATE(MM/DD/YYYY) 10/20/2011 PRODUCER Wm. F. Borhek Insurance Agency Inc 311 Plymouth Street Halifax, MA 02338 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. INSR LT 1781538 781-293-6331 www.borhe insurance.com 781-293-2171 INSURERS AFFORDING COVERAGE NAIC # INSURED ESI Waterproofing & Masonry INSURER A: Arbella Protection Restoration, Inc. 60 Clayton Street Boston MA 02122 INSURERB: INSURER C: GENERAL LIABILITY 8500034171 INSURER D: INSURER E: EACH OCCURRENCE $ 1,000,000 CAVFRO(1FR 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 PER AIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LT DD' POLICY NUMBER POLICY EFFECTIVE DTE M DD POLICY EXPIRATION DTE (MMIDDIYYYYI LIMITS A GENERAL LIABILITY 8500034171 5/19/2011 5/19/2012 EACH OCCURRENCE $ 1,000,000 COMMERCIAL GENERAL LIABILITY CLAIMS MADE Z✓ OCCUR DAMA E TO RENTED PREMISES Ea occurrence $ 300,000 MED EXP (Any one person) $ 10,000 PERSONAL &ADV INJURY $ 1,000,000 GENERAL AGGREGATE $ 2,000 000 G N'L AGGREGATE LIM IT APPLI ES PER: PRODUCTS - COMP/OP AGG $ 2,000,000 POLICY PRO- LOC PD DED 500 A -AUTOMOBILE LIABILITY ANY AUTO 389884000004 7/9/2011 7/9/2012 COMBINED SINGLE LIMIT (Ea accident) $ 1,000 000 BODILY INJURY $ (Per person) ALL OWNED AUTOS SCHEDULED AUTOS BODILY INJURY $ (Per accident) HIRED AUTOS NON -OWNED AUTOS PROPERTY DAMAGE $ (Per accident) G RAGE LIABILITY AUTO ONLY - EA ACCIDENT $ OTHER THAN EA ACC $ ANY AUTO AUTO ONLY: AGG $ EXCESS / UMBRELLA LIABILITY EACH OCCURRENCE $ AGGREGATE $ OCCUR F—I CLAIMS MADE $ DEDUCTIBLE $ RETENTION $ A WORKERS COMPENSATION AND EM LOYERS' LIABILITY Y / N ANY PR PRIETOR/PARTNER/EXECUTIVE OFFICE MEMBER EXCLUDED? 910208 7/13/2011 7/13/2012 WC STATU- OTH- E.L. EACH ACCIDENT $ 500,000 E.L. DISEASE - EA EMPLOYEE $ 500,000 (Mandatory in NH) If yes, d scribe under SPECIA PROVISIONS below E.L. DISEASE -POLICY LIMIT $ 500,000 OTHER DESCRIPTION DF OPERATIONS / LOCATIONS / VEHICLES / EXCLUSIONS ADDED BY ENDORSEMENT / SPECIAL PROVISIONS Property N me: Royal Crest Estates (North Andover) Contract N .: CAPR-00013510-416537-01 Coverage i cludes OWNER as Additional Insureds. AIMCO orth Andover, L.L.C. EN02415-OP Property Mgmt, LLC, and AIMCO Two Greenwood Square 3331 Street Road, Suite 450 Bensalem PA 19020 ACORD 21 (2009/01) CERT NO.: 111 7946 Leisa Jones 10/20/2011 4:21:51 AM Page 1 of 2 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 * DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES. ' 10 Days for Non -Payment of Premium. AUTHORIZED REPRESENTATIVE Scott Casagrande ©1988-2009 ACORD CORPORATION. All rights reserved. IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). 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). DISCLAIMER This Certificate of Insurance does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. ACORD 25 (2009/01) CERT NO.: 11427946 Leisa Jones 10/20/2011 4:21:51 AM Page 2 of 2 \ I O j= q R p � � 0 C/) a q 2 c 4 /\/. � \ §. . m � a 72. ) «22 ; 9.tt p{k 5