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HomeMy WebLinkAboutBuilding Permit #298-12 - 50 ROYAL CREST DRIVE 10/6/2011 TOWN OF NORTH ANDOVER APPLICATION FOR PLAN EXAMINATION Permit NO: /Z Date Received Date Issued: MPORTANT:Applicant must complete all items on this page -LOCATION (l t ( — ��-3 A PROPERTY OWNER 4; ytAC A.) Print r t • C Unit# MAP NO: PAPrint --- RCEL: ZONING DISTRICT: Historic District yes no it Machine Shop Village yes no 100 year-old structure yes no TYPE OF IMPROVEMENT PROPOSED USE Residential ElNew Building ElOne family Non- Residential ❑Addition ❑Two or more family� y ❑ Industrial ❑Alteration No. of units: ❑ Commercial jPIRepair, replacement ❑Assessory Bldg ❑ Demolition ❑ Other ❑ Others. Ins t Wat_er/Sewer . ` s p �iW-_ 1_dy ": WaershdDistncM DESdCRIPTION OF WORK TO BE PERFO D: A el Pei pvf.A�_J OWNER: (Identification Please Type or Print Clearly) R. Name: L� LLC ! _ Phone: Address: P4 CONTRACTOR Name:9k Phone: Address: ( �Nel, k C Supervisor's Construction License:1 ,CY Exp. Date: --7 ® _ �} Home Improvement License: 140?CW- Exp. Date: X30� jl� ARCH ITECT/ENGINEERC , l I �,� - 5 Phone: t 3 Address: �j ��' "'S i Reg. No. FEE SCHEDULE BUL DING PERMIT.•$12.00 PER$9000.00 OF THE TOTAL ESTIMATED COST BASED ON$125.00 PER S.F. Total Project Coat: $ FEE: Check No.: V Receipt No.: &)yC -� •� NOTE: Persons contracting with unregistered contractors do not have access to the guaranty f nd SignaturofAgent/Qwners v6 ,- _..k ,} ;� 4 4 ~' ' Signature of contractor:_.. �I ,I Building Department The followingf 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 Permi 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 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: Doc.Building Permit Revised 2008mi 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 DATE REJECTED DATE APPROVED PLANNING & DEVELOPMENT ❑ ❑ COMMENTS CONSERVATION Reviewed on Signature COMMENTS HEALTH Reviewed on Signature COMMENTS a i Zoning Board of Appeals:Variance, Petition No: Zoning Decision/receipt submitted yes Planning Board Decision: Comments Conservation Decision: Comments I Water& Sewer Connection/Signature& Date Driveway Permit DPW Town Engineer: Signature: Located 384 Osgood Street FIRE DEPARTMENT - Temp Dumpster on site yes no Located at 124 Main Street Fire Department signature/date COMMENTS Dimension i 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 i DANGER ZONE LITERATURE: yes MGL Chapter 166 Section 21A—F _ No and G min.$100$1000 fine NOTES and DATA— For department use i � I I ® Notified for pickup - Date Doc:.Building Permit Revised 2011 June/mi r Location ` AJI-16 /��fl ktls- No. ;2 y'.�� .2 ell pate Fs M` 40R74 TOWN OF NORTH ANDOVER + � s Certificate of Occupancy $ s�cwusEtBuilding/Frame Permit Fee $ Foundation Permit Fee $ Other Permit Fee $ TOTAL $ Check # 166� Y%„ e') /t LV wilding Inspector L ti' `1' NpRTpy ®v)m (a - Aindoveir o o dover, Mass., 11 COCMICW'. I . 11 / ORATED P? C-1 `S ` BOARD OF HEALTH Food/Kitchen .40 Septic System BUILDING INSPECTOR THIS CERTIFIES THAT..... " .. �,.�- Foundation �� !d t' C ��f f has permission to erect........................................ buildings on .... ....:....... .......... 4.. .........:........................................ Rough i - - Gf..� � F tri`1 l / Vit, r f h"tune to be occupied as..........................................................�:............�.....:�:... .......1.................1l...:.............................................. Chimney provided that the person accepting this permit shall in every respect conform to the terms of the application on file in Final this office, and to the provisions of the Codes and By-Laws relating to the Inspection, Alteration and Construction of Buildings in the Town of North Andover. PLUMBING INSPECTOR VIOLATION of the Zoning or Building Regulations Voids this Permit. Rough Final PERMIT EXPIRES IN 6 MONTHS ELECTRICAL INSPECTOR UNLESS CONSTRUCTION STARTS Rough ...................... ..... . a.. ........................................ Service BUILDING INSPECTOR Final Occupancy Permit Required to Occupy Building GAS INSPECTOR Rough Display in a Conspicuous Place on the Premises — Do Not Remove Final No Lathing or Dry !ball To BeDone FIRE DEPARTMENT Until Inspected and Approved by the Building Inspector. Bump Street No. SEE REVERSE SUDS Smoke Det. t Office of Consumer Affairs&Business Regulation. HOMEIMPROVEMENT-CONTRACTOR:; Registration :=1'20892 wXpirattGn 1/30f2012 Yr#t 292760: Typei1; Pnvate C6rP4'r"ation DUVALLY CONTRACTING INC JOHN('DUVALLY Y �; t. 55 WINTROP S. � - — REHOBOTH,MA 0276J':. Ji Undersecretary Board of Build neo Regulations and Stawkwds Construction Supervisor License,, . Lacense: CS 67712. - JOHN P DUVALLY } 3 BRAYTONWOODS DR REHOBOTH, MA 02769 ezptiration: 7/3/2012 ('ununi�si�ncr Tr#: 505 GENERAL CONSTRUCTION SERVICES CONTRACT CONTRACTOR: AMF Construction Contract No.: CAPR-PRP-000041-403527-05 Property: 42391, Royal Crest Estates(North Andover) Address: P.O. Box 282 Location: 50 Royal Crest Drive, Rehoboth, MA 02769- North Andover, MA 1845 Representative: John DuVally Issuing Office: Regional Office Telephone: (774)991-1573 Address: Two Greenwood Square Facsimile: (508)252-4656 3331 Street Road,Suite 450 E-mail: jduvally@yahoo.com Bensalem,PA 19020 Contract Sum: $25,700.00 Contract Type: Lump Sum This General Construction Services Contract ("Contract") is effective as of the 16th day of September, 2011, by and between AMF Construction ("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 CONTRACTOR's bid and/or proposal for furnishing supplies,goods and/or services to the Property and the mutual covenants and agreements set forth herein,the parties agree as follows: 1.0 WORK OF THIS CONTRACT 1.1 CONTRACTOR agrees to fully execute and perform the construction and services required by, and reasonably inferable from, the Contract Documents(as hereinafter defined)in connection with the Property, including, but not limited to,the construction and services set forth in, and reasonably inferable from Exhibit"A" attached hereto(the "Work"): PRP Building Exterior PM-Drainage. The "Contract Documents" consist of this Contract Exhibits to the Contract(including the drawings, specifications or addenda referenced in Exhibit"B"), and any Change ( 9 9 p Orders executed after the execution of the Contract. CONTRACTOR acknowledges that the Work shall be performed for the benefit of both OWNER and the beneficial owner of the Property(the"Property Owner"). The Work shall comply with all applicable federal,state and local laws and regulations,including,by way of illustration and not limitation,the Americans with Disabilities Act,the Fair Housing Act and the Occupational Safety and Health Act(29 CFR)("Laws"). 1.2 CONTRACTOR accepts the relationship of trust and confidence established with OWNER by this Contract and covenants with OWNER to exercise the highest degree of skill, care and judgment in the performance of the Work hereunder and in furthering the interest of OWNER. 2.0 DATE OF COMMENCEMENT,CONSTRUCTION SCHEDULE,ACCELERATION AND LIQUIDATED DAMAGES 2.1 The date of commencement of the Work shall be the date set forth below, unless a different date is set forth in a written Notice to Proceed issued by OWNER, in which case the date set forth in the Notice to Proceed shall control (the "Date of Commencement"). CONTRACTOR shall achieve Final Completion of the Work no later than the Date of Final Completion set forth below. "Final Completion" or "Finally Complete"shall mean the stage in the progress of the Work when the Work, or designated portion thereof, is, in OWNER;s reasonable opinion, fully complete (including any punch list items) in accordance with the Contract Documents so that OWNER can occupy or utilize the Work for its intended use. Date of Commencement: 9/26/2011 Date of Final Completion: 10/21/2011 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 Schedule,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 Schedule is less than the amount required to be completed within such time, and it reasonably appears that CONTRACTOR shall be unable to achieve the completion of the Work in accordance with the dates set forth in the Construction Schedule, OWNER may direct CONTRACTOR to accelerate the Work by issuing a notice to accelerate. Upon such notice, CONTRACTOR shall be obligated to employ such extraordinary measures as necessary to bring the Work into conformity with the Construction Schedule and CONTRACTOR shall not be entitled to an increase in the Contract Sum. OWNER may also direct CONTRACTOR to accelerate the Work without cause by issuing a written notice to CONTRACTOR requesting such acceleration. CONTRACTOR expressly agrees that its sole and exclusive remedy for such acceleration shall be an adjustment of the Contract Sum by Change Order (as hereinafter defined) in the amount of the costs incurred directly by the subcontractors as a result of the acceleration. 2.4 CONTRACTOR acknowledges that in the event that it fails to achieve Final Completion of the Work, or designated portions of the Work by the dates set forth in this Contract, OWNER will incur substantial damages and the extent of such damages shall be incapable or very difficult of accurate measurement. Nonetheless,the parties acknowledge that as of the execution date of this Contract,the amount of liquidated damages set forth in Exhibit"C"represents a good faith estimate on the part of the parties as to the actual damages that would be incurred as a result of late completion. The amount of such liquidated damages does not include any penalty. Liquidated damages will be assessed by OWNER when incurred or in such manner as OWNER deems appropriate. 3.0 COMPENSATION,PAYMENTS AND FINAL PAYMENT Approved: � OWNER CONTRACTOR Short Form,GC,Lump Sum,Contract,April 8,-2008 1 of 5 Contract No.CAP R-PRP-000041-403 -05 3.1 OWNER will pay CONTRACTOR the Contract Sum in current funds for CONTRACTOR's full and faithful performance of the Work in accordance with the terms of the Contract. The Contract Sum shall be as set forth in Exhibit"C",subject to additions and deletions as provided in the Contract Documents. 3.2 For the Work provided hereunder, CONTRACTOR agrees to provide OWNER with "Applications for Payment" in the form attached hereto as Exhibit "E" or as otherwise directed by Owner, in writing. CONTRACTOR shall send each Application for Payment to the person(s) and location(s) designated by OWNER. Based upon OWNER's review and approval of Applications for Payment submitted to OWNER by CONTRACTOR for performance of the Work, OWNER will make payments as provided herein. The period covered by each Application for Payment shall be one calendar month. CONTRACTOR shall submit Applications for Payment no more than once a calendar month. Owner will pay CONTRACTOR that amount set forth in the Application for Payment within thirty(30)days after OWNER's receipt of an Application for Payment, less those amounts properly withheld pursuant to the terms of this Contract. Owner may utilize any one of the following as a basis for rejecting, and requiring CONTRACTOR to resubmit, an Application for Payment: i)failure to specify the full contract number; ii)failure to submit full supporting documentation required by Paragraph 3.3; iii)submission of an Application for Payment bearing a date that is more than seven (7) days earlier than the date such Application for Payment is actually received by OWNER;or iv)any other basis provided in this Contract. 3.3 Unless waived by OWNER in writing, CONTRACTOR agrees to provide waivers and releases of liens from CONTRACTOR, all subcontractors and suppliers of Work under this Contract(the"Release Documents") in the form attached hereto as Exhibit"E"and any other evidence in a form satisfactory to OWNER demonstrating that all labor, materials, bills, invoices, payroll taxes of any kind and any other indebtedness incurred by CONTRACTOR up to and including the date of invoicing have been paid in full prior to or in exchange for payment to CONTRACTOR. If CONTRACTOR is aware or becomes aware that the Release Documents are not effective under,or otherwise do not satisfy, the Laws and requirements of the state in which the Project is located, it shall be the responsibility of CONTRACTOR to notify OWNER and to provide the lien waivers and releases required hereunder on forms that satisfy the Laws and requirements of such state. Failure to notify OWNER where CONTRACTOR knew, or should have known,that the Release Documents were ineffective under,or otherwise failed to satisfy, the laws of the state in which the Project is located shall be a breach of this Contract and CONTRACTOR shall be liable for any damages incurred by OWNER as a result of such breach. 3.4 OWNER may withhold any payment, including the retainage, to CONTRACTOR, for CONTRACTOR's failure to fulfill its contractual obligations 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 be calculated to include a sum sufficient to increase the total payments to the full amount of the Contract Sum. "Final Payment",consisting of all amounts actually remaining due CONTRACTOR pursuant to this Contract, will be made by OWNER not later than 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 final Application for Payment. A precondition to CONTRACTOR's entitlement to Final Payment shall be the execution and delivery of final Release Documents. The acceptance of Final Payment shall constitute a waiver of all claims by CONTRACTOR against the Indemnified Parties (as defined in Paragraph 7.2), except insofar as CONTRACTOR has previously notified OWNER in writing. The making of Final Payment shall not constitute acceptance of the Work or of any goods or materials provided under the Contract nor shall it constitute a waiver of any rights or claims of OWNER. 3.6 CONTRACTOR shall maintain books and records with respect to the Work to be provided hereunder and the fees to be paid hereunder. OWNER will,for a period of two(2)years after the expiration,completion or the termination of this Contract, have the right to review and audit the books and records of CONTRACTOR with respect to such Work and fees. If such audit determines that OWNER has overpaid CONTRACTOR, 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 requiring Subcontractor to,among other things,keep detailed accounting records and to permit OWNER and the OWNER's accountants access to the Subcontractors' records, books, correspondence, instructions, drawings, receipts, subcontracts, purchase orders, vouchers, memoranda and other data relating to this Project. 4.0 CHANGES IN THE WORK 4.1 OWNER,without invalidating the Contract,may at any time order extra work or make changes by altering,adding to or deducting from the Work, the Contract Sum being adjusted accordingly. All such extra or changed work shall be authorized by a written order to CONTRACTOR signed by OWNER authorizing an extra or a change in the Work or an adjustment in the Contract Sum or the Construction Schedule, as applicable (a"Change Order"). The form and substance of the Change Order will be as set forth on Exhibit"E" unless OWNER provides CONTRACTOR with written notification that an alternate form will be utilized. Upon receipt of such Change Order executed by OWNER, CONTRACTOR shall promptly proceed with such extra or changed Work involved and such extra or changed work will constitute a portion of the Work. 5.0 OWNER 5.1 OWNER will designate the representative authorized to act on OWNER's behalf with respect to the Project ("OWNER's Representative"). OWNER, either directly or through its representative, will provide administration of this Contract. OWNER's Representative will have authority to reject Work that does not conform to the Contract Documents. OWNER may change OWNER's Representative by notice to CONTRACTOR in writing. OWNER's Representative will be the following individual(s): Name: Daniel F. Lynch;Title: Director of Construction; Phone Number:(412)996-0361 ;Email:daniel.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 CONTRACTOR, 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 CONTRACTOR Short Form,GC,Lump Sum,Contract,April 8,-2008 2 of 5 Contract No.CAPR-PRP-000041-4035 5 n.r suspend CONTRACTOR's performance of the Work or any portion of the Work for any reason whatsoever,or without reason,for such period of time as OWNER may determine. 5.3 OWNER reserves the right to perform construction or operations related to the Project with OWNER's own forces, and to award separate contracts in connection with other portions of the Project. 6.0 CONTRACTOR 6.1 CONTRACTOR shall solely have control over or charge of and will be solely responsible for construction means, methods, techniques, sequences or procedures, or for safety precautions and programs in connection with the Work. CONTRACTOR shall be solely responsible for failure to carry out the Work in accordance with the Contract Documents.The CONTRACTOR shall require all on-site personnel of the CONTRACTOR, its Subcontractors, Sub-Subcontractors or any other entity for whom CONTRACTOR may be responsible,to wear hard hats and orange colored vests, as well as any other appropriate protective clothing and gear as may be required by Law or reasonably requested by the Owner. 6.2 CONTRACTOR warrants to OWNER that materials and equipment furnished under the Contract will be of good quality and new unless otherwise required or permitted by the Contract Documents,that the Work will be free from defects not inherent in the quality required or permitted,will be fully compatible with existing materials and equipment and that such Work will conform with the requirements of the Contract Documents. Work not conforming to these requirements may be considered defective. CONTRACTOR's warranty excludes remedy for damage or defect caused by abuse,modifications not executed by CONTRACTOR, improper or insufficient maintenance, improper operation or normal wear and tear under normal usage. 6.3 Upon notice from OWNER, CONTRACTOR shall promptly remedy any Work that is found not to be in accordance with the requirements of the Contract Documents, and pay for any damage to other work resulting therefrom, which shall appear within a one (1) year period from the actual date of Final Completion of the Work. Notwithstanding the foregoing if the terms of specific warranties required by any of the Contract Documents stipulate a longer time period,the longer time period shall govern. i 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 Contract,shall remain with CONTRACTOR until OWNER accepts such materials,equipment and furnishings. 6.6 All laborers and workers, while working in and around the Project, shall act in a professional manner. CONTRACTOR shall enforce proper discipline and decorum among all laborers and workers on the Project and shall control, among other things: 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 laborer or worker needs to be removed due to his or her failure to comply with the terms of this provision,CONTRACTOR shall remove such laborer or worker from the Project Site immediately. 6.7 CONTRACTOR shall be responsible for protecting the Work,and any designated portions of the Work(including any units and floors), against the elements at the end of each working 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 maintain workers compensation insurance as required by Laws and shall furnish OWNER with evidence of such insurance. CONTRACTOR shall furnish OWNER with certificates of insurance before any Work is done and any materials are delivered to the Site. Failure to provide certificates of insurance shall not relieve CONTRACTOR of its contractual obligations and CONTRACTOR shall remain liable for each of the insurance obligations set forth hereunder. Insurance certificates shall clearly identify OWNER,the Additional Insureds,contract number and all insurance coverages and special conditions as required by this Contract. 7.2 To the fullest extent permitted by law,CONTRACTOR shall indemnify, protect,defend and hold OWNER,its affiliates, parent and subsidiary entities, including,without limitation,Apartment Investment and Management Company(AIMCO),and any of AIMCO's subsidiaries and affiliates that may directly or indirectly own or manage the property at or for which CONTRACTOR performs any Work, and their respective partners, managers, members, employees, officers, directors, trustees, shareholders, counsel, representatives, agents, successors and assigns(the"Indemnified Parties")free and harmless from any and all liabilities, penalties, fines, losses, claims, demands, actions, suits and costs (including,without limitation, reasonable attorneys' fees, expert fees, court costs and expenses), if caused by reason of or as a result of the performance of the Work, whether based upon or claimed to be based upon statutory, contractual,tort or other liability hereunder; provided that no person or entity indemnified hereunder shall be Approved: OWNER CONTRACTOR Short Form,GC, Lump Sum,Contract,April 8,-2008 3 of 5 Contract No. CAP R-PRP-000041-4035 5 indemnified for claims arising from such person's or entity's own negligence, and the provisions of this Paragraph shall not be construed to require CONTRACTOR to indemnify any person or entity indemnified hereunder for or against such person's or entity's own negligence or to require any indemnification which would make the provisions of this Paragraph void or unenforceable. In the event any provision contained in this Paragraph or elsewhere in the Contract Documents shall be deemed 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 person described in this Paragraph. 7.2.1 If a claim is made against any person or entity indemnified under this Paragraph 7.2 by any employee of CONTRACTOR, a subcontractor, anyone directly or indirectly employed by them or anyone for whose acts they may be liable, the indemnification obligation under this Paragraph shall not be limited by a limitation on the amount or type of damages, compensation or benefits payable by or for CONTRACTOR or a subcontractor under worker's or workmen's compensation acts,disability benefit acts or other employee benefit acts. 7.2.2 All provisions of this Contract that require CONTRACTOR to insure, defend or indemnify OWNER shall survive any termination of this Contract. Other provisions of this Contract,which, by their reasonable terms,are intended to survive termination of this Contract,shall survive termination. � I 7.3 CONTRACTOR waives and releases all claims for or right to any consequential, incidental, exemplary, punitive or special damages. 8.0 TERMINATION 8.1 CONTRACTOR may suspend performance of the Work or any portion thereof after thirty (30) days prior written notice if, through no act or fault of CONTRACTOR or any other persons performing portions of the Work under Contract with CONTRACTOR, any of the following occurs: 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 persistently failed to fulfill OWNER's obligation under the Contract with respect to matters important to the progress of the Work. If for the reasons set forth in this Paragraph 8.1,the Work is suspended for thirty(30)days and no cure has been effectuated,CONTRACTOR may,upon twenty(20)additional days written notice to OWNER,terminate this Contract. In the case of a partial suspension of the Work, CONTRACTOR shall continue to perform work not affected by such partial suspension. If the Work is suspended, an equitable adjustment may be made in the Contract Sum,Guaranteed Maximum Price and the Construction Schedule. 8.2 OWNER may terminate the Contract if CONTRACTOR: i) refuses or 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 breached a provision of this Contract. When any of the above reasons exist, OWNER may without prejudice to any other rights or remedies of OWNER and after giving CONTRACTOR five(5)days'written notice,terminate employment of CONTRACTOR and may: i)take possession of the Site 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 Contract for one of the reasons stated in this Paragraph 8.2, CONTRACTOR shall not be entitled to receive further payment until the Work is complete. If OWNER's termination of CONTRACTOR pursuant this Paragraph 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 termination to CONTRACTOR specifying when termination becomes effective. CONTRACTOR shall incur no further obligations in connection with the Work and CONTRACTOR shall stop Work when such termination becomes effective. CONTRACTOR shall also terminate outstanding orders and subcontracts. OWNER may direct CONTRACTOR to assign CONTRACTOR's right, title and interest under termination orders or subcontracts to OWNER or its designee. Upon termination pursuant to this Paragraph, CONTRACTOR shall be entitled to payment for that Work actually completed prior to the termination for convenience as well as, if applicable, reimbursement of the actual costs incurred by CONTRACTOR to terminate outstanding orders and subcontracts. 9.0 MISCELLANEOUS 9.1 Nothing in this Contract shall create, or be construed to create, any third party beneficiary rights in any person not a signatory to this Contract except OWNER will be third party beneficiaries of CONTRACTOR's agreements with all of its subcontractors and CONTRACTOR shall include or cause to be included similar provisions in each of the aforementioned agreements naming OWNER as third party beneficiaries. 9.2 All trade discounts, rebates and refunds and all returns from sales of surplus materials and equipment shall belong to and accrue for the benefit of OWNER. 9.3 CONTRACTOR is prohibited from providing gifts or other things worth more than $25 to OWNER or any of its employees. CONTRACTOR's violation of this precept shall constitute grounds for immediate termination. 9.4 CONTRACTOR shall not bring claims or lawsuits against any principals,employees, agents, officers,directors,stockholders, partners or affiliates of OWNER,AIMCO,AIMCO Properties, L.P.or AIMCO-GP, Inc. CONTRACTOR further agrees that the sole and exclusive remedy of CONTRACTOR for payment and/or performance of this Contract shall be against the assets of OWNER. 9.5 CONTRACTOR acknowledges, understands and agrees that OWNER may execute or make payments under this Contract by or through an authorized representative(s) of the OWNER. Notwithstanding anything contained herein to the contrary, such authorized representative(s) and/or its affiliates shall not incur any liability, or other obligation, under this Contract to CONTRACTOR, for any reason, Approved: OWNER CONTRAC OR Short Form,GC,Lump Sum,Contract,April 8,-2008 4 of 5 Contract No.CAP R-PRP-000041-4035 ,-05 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 such 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 such state court(iii)waives any defense based upon inconvenient forum or improper venue and (iv)waives any right it may have to remove such suit, action or legal proceeding to the courts of the United States. CONTRACTOR further agrees that any and all disputes arising out of or relating to 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 Colorado without regard to conflicts of law analysis. EACH PARTY HEREBY WAIVES AND RELEASES ITS RIGHT TO CLAIM A TRIAL BY JURY WITH RESPECT TO ANY ACTION BY OR AGAINST THE OTHER PARTY ARISING HEREUNDER.The CONTRACTOR shall include a similar provision in each of its subcontract agreements requiring the Subcontractor to waive its right to claim a trial by jury. 9.7 CONTRACTOR shall not publicize, publish or otherwise use the name of OWNER,AIMCO or any of their affiliates in any advertising, customer list or similar document, or otherwise disclose the contractual relationship with OWNER, AIMCO, or their affiliates, without the prior written approval of AIMCO,which may be given or withheld in AIMCO's sole discretion. This Contract entered into as of the day and year first written above. OWNER: CONTRACTOR: AIMCO NORTH ANDOVER,L.L.C. AMF Construction By: EN02415-OP Property Mgmt,LLC,solely as authorized representative 7ner CONTRACTOR'S License No.: Authorize Sig ature: f7j� Authorized Signature: �- Print Name: Dona alker Print Name:John DuVally Print Title:Senior Director Construction Services Print Title:Owner Approved: OWNER CONTRA OR Short Form,GC, Lump Sum,Contract,April 8,-2008 5 of 5 Contract No.CAPR-PRP-000041-40352 5