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HomeMy WebLinkAboutMiscellaneous - 50 ROYAL CREST DRIVE 4/30/2018 (2) n ifi �°�'ia� �e�m��sr � +�wl�.� PPBUILDeNG FILA X X 37 2-LO 2Si - I Ail MCO To: Jack Visniewski at Cornerstone Land Consultants From: MATULA, DAN, Executive Vice President Redevelopment&Construction Services ORGAN, TONY,Vice President of Construction, Construction Services STEICH, MATTHEW, Regional Director of Construction, Construction Services Milinazzo, Dan, Project Manager, Construction Services Date: August 29, 2013 Re: Executed Contract and Related Matters Attached is your copy of the executed contract with AIMCO NORTH ANDOVER, L.L.C., an affiliate of Apartment Investment and Management Company ("Aimco"), for construction services at Royal Crest Estates (North Andover). We want to take this opportunity to inform you that Aimco is committed to I conducting its business in accordance with applicable laws, rules and regulations and the highest standards of business ethics. If during the period of your business relationship with Aimco, you believe the I Aimco team members with whom you are dealing are not living up to these standards, we ask that you report such conduct to one of the following: • MATULA,DAN, Executive Vice President Redevelopment&Construction Services: (303)691-4547 • COHN,LISA, Executive Vice President and General Counsel: (303)691-4415 • HANSON,MIKE,Vice President—Internal Audit: (303)691-4376 If you prefer to remain anonymous, you may make a report using Aimco's anonymous and confidential reporting system, MySafeWorkplace, which is available 24 hours a day, seven days a week via the Internet at www.MySafeWorkplace.com or by calling 1-888-481-7123.We encourage you to use MySafeWorkplace only if you do not feel comfortable reporting issues directly to an Aimco representative. We would also like to remind you that Aimco has a Code of Business Conduct and Ethics, which prohibits Aimco employees from accepting meals, entertainment, services or gifts from anyone who does business with Aimco unless the amount of such item is less than$25.AIMCO Construction Services has a$0 policy. This provision is to specifically include, but is not limited to, suppliers or other contracted labor utilized under,this project. It is the responsibility of this Contractor to advise any subcontracts or suppliers of the AIMCO Code of Business Conduct and Ethics. i f I I I Mid-range,GC,Lump Sum,Contract,2-JAN-12 1 of 1 i GENERAL CONSTRUCTION SERVICES CONTRACT Contract Number: 15646-0000419087-CP-00003 Contractor: Cornerstone Land Consultants Property: Royal Crest Estates North Andover Address: 61 Main Street Location: 50 Royal Crest Drive Pepperell,MA 01463 North Andover,MA 01845 Representative: Jack Visniewski Issuing Office: AIMCO Regional Office Telephone: 978 433-8100 Address: 3331 Street Road, Facsimile: Suite 450 E-mail: jack@cornerstoneland.net Bensalem, PA 19020 Contract Sum: $237,868.50 Contract Type: Lump Sum This General Construction Services Contract (the "Contract") is effective as of 8/28/13, by and between OWNER (as hereinafter defined) and CONTRACTOR (as hereinafter defined) who hereby agree that all Work(as hereinafter defined) specified below shall be performed by CONTRACTOR in accordance with all provisions of this Contract,consisting of the following components: This Contract Exhibit"A"Scope of Work Exhibit"B"Specifications and Drawings Exhibit"C"Quantities, Pricing and Data Exhibit"D"Construction Schedule Exhibit"E"Forms A brief synopsis of the Work(as hereinafter defined and set forth in greater detail)is as follows: Foundation Waterproofing and Drainage at 35,37,39, and 40 The Work(as hereinafter defined)shall be performed in accordance with the dates set forth below and in.the Construction Schedule(as that term is defined at Paragraph 3.2 of the Contract),subject to any adjustments by Change Order(as hereinafter defined)in accordance with the terms of this Contract. Date of Commencement: 9/09/2013 Date of Final Completion: 10/25/2013 GENERAL CONSTRUCTION SERVICES CONTRACT ARTICLE 1 GENERAL PROVISIONS 1.1 CERTAIN DEFINITIONS 1.1.1 The term "Addenda" means those documents containing additions, changes, corrections or modifications to the Contract Documents (as hereinafter defined) issued by the Architect (as hereinafter defined)during the bidding period or prior to the award of contract. Addenda become part of the Contract Documents. 1.1.2 The term"Architect"means the person or entity retained by OWNER to provide architectural services including, but not limited to, the preparation of Specifications and Drawings for the Project and the providing of construction administration services. i I Mid-range,GC,Lump Sum,Contract,2-JAN-12 2 of 2 { `C- 1.1.3 The term"Change Order"means a written order to CONTRACTOR signed by OWNER, issued after the execution of the Contract, authorizing an extra or a change in the Work or an adjustment in the Contract Sum(as herein defined)or the Construction Schedule. 1.1.4 The term"CONTRACTOR"means the entity designated as Cornerstone Land Consultants. 1.1.5 The term "Drawings" means the graphic and pictorial portions of the Contract Documents, showing the design, location, and dimensions of the Work, generally including plans, elevations, sections, details schedules and diagrams. 1.1.6 The term"Final Completion"or"Finally Complete"means the point in time that the Work has been fully completed (including, but not limited to, all Punch Lists) in accordance with the terms and conditions set forth in the Contract Documents(as herein defined). 1.1.7 The term "Milestone(s)" shall mean a major task, or designated portion of the Work, as identified in the Construction Schedule, including, but not limited to,the completion of a unit or floor. 1.1.8 The term "Milestone Date(s)" shall mean the date(s) identified in the Construction Schedule for completion of a Milestone. 1.1.9 The term "Modification" means (1) Written Amendment to the Contract signed by both parties; (2) Written Change Order executed in accordance with the requirements of the Contract Documents; or (3)Written change notice directing minor changes in the Work. 1.1.10 The terms"Law"or"Laws"means any and all applicable laws, rules, regulations, ordinances, codes, and/or orders,judgments or decrees of Federal, State, Department, City or local governments,courts or tribunals and any other governmental entity having jurisdiction over the Work, or over the Site. 1.1.11 The term"Project' means the total construction for the Property of which the Work performed under the Contract Documents may be the whole or a part and which may include construction by OWNER or by separate contractors. 1.1.12 The term "Project Site" or "Site" means the space available to CONTRACTOR for performance of the Work, either exclusively or in conjunction with others performing other work as part of the Project. The extent of the Site is shown on the Drawings. 1.1.13 The terms"Punch List'or"Punch Lists"means a list or lists of items within the Project, prepared by OWNER or its representative and confirmed by CONTRACTOR, that remain to be replaced or completed in accordance with the requirements of the Contract Documents at the time of Substantial Completion(as herein defined). 1.1.14 The term"Schedule of Values"means a listing of elements, systems, items or other subdivisions of the Work, establishing the value for each, the total of which equals the Contract Sum (as herein defined). The Schedule of Values is used for establishing the cash flow for the Project. 1.1.15 The term "Shop Drawing" means a drawing created by CONTRACTOR, Subcontractor, vendor, manufacturer or other entity that illustrates construction, materials, dimensions, installation and other pertinent information for the incorporation of an element or item into the construction. 1.1.16 The term "Specifications" means the portion of the Contract Documents consisting of the written requirements for materials, equipment, systems, standards and workmanship of the Work, and performance of related services. 1.1.17 The term "Subcontractor" means a person or entity that has an agreement (whether written or oral) with CONTRACTOR to perform any portion of the Work. The term Subcontractor does not include the Architect or any separate contractor employed by OWNER or any separate contractor's subcontractors. Mid-range,GC,Lump Sum,Contract,2-JAN-12 3 of 3 1.1.18 The term"Sub-subcontractor" means a person or entity that has an agreement (whether written or oral)with a Subcontractor to perform any portion of the Subcontractor's work. 1.1.19 The term "Substantial Completion" or"Substantially Complete" means the stage in the progress of the Work when the Work, or designated portion thereof, is sufficiently complete in accordance with the Contract Documents so that OWNER can occupy or utilize the Work for its intended use. The occurrence of Substantial Completion will be confirmed by a certificate of Substantial Completion signed by OWNER and CONTRACTOR. The certificate will state the respective responsibilities of OWNER and CONTRACTOR for security, maintenance, damage to the Work, and insurance. The certificate shall also list the items to be completed or corrected and establish the time for their completion and correction. 1.1.20 The term "Work" means the construction and services required by, and reasonably inferable from, the Contract Documents in connection with the Project, including, but not limited to, the construction and services set forth in, and reasonably inferable from Exhibit"A"attached hereto, and includes the furnishing of all materials, labor, equipment, supplies, superintendence, tools, scaffoldings, transportation, and all other services, purchases and facilities necessary for the full performance.and completion of CONTRACTOR's undertakings and obligations under the Contract Documents. Work also means that which is produced, constructed or built pursuant to the Contract Documents. 1.1.21 The term "OWNER" means AIMCO NORTH ANDOVER, L.L.C. subject to the terms of Paragraph 13.26. 1.1.22 OTHER DEFINITIONS 1.1.22.1 The term "provide," including derivatives thereof, shall be interpreted to mean furnish, fabricate, complete, transport, deliver, install, erect, construct and finish, including all labor, materials, equipment, apparatus, appurtenances and expense necessary to complete in place, ready for operation or use under the terms of the Contract Documents. 1.1.22.2 The term"furnish"means supply or furnish only to the Project Site. 1.1.22.3 The term"install"means install any product or material furnished. Such products and materials shall be received at the Site, unloaded, stored, protected and installed complete in place, including connections, auxiliary items and other materials and Work required for a complete and properly functioning installation, unless any such Work is specifically excluded. 1.1.22.4 The term "review" when used in conjunction with Architect's response to submittals, requests, applications, inquiries, reports and claims by CONTRACTOR shall be limited to the Architect's responsibilities and duties as specified in the Contract Documents. In no case will the Architect's review be interpreted as a release of CONTRACTOR from its responsibilities to fulfill requirements of the Contract Documents. 1.2 CONTRACT DOCUMENTS 1.2.1 The "Contract Documents" consist of this Contract, Exhibits to the Contract, Drawings, Specifications, Addenda issued prior to the execution of the Contract, and Modifications issued after execution of this Contract. The intent of the Contract Documents is to include all items necessary for the proper execution and completion of the Work by CONTRACTOR. The Contract Documents are complementary, and what is required by one shall be as binding as if required by all; performance by CONTRACTOR shall be required to the extent consistent with the Contract Documents and reasonably inferable from them as being necessary to produce the indicated results. In the event of a conflict or inconsistency between any of the provisions of the Contract Documents, the provision granting greater rights or remedies to OWNER, as determined by OWNER, or imposing the greater duty, standard, responsibility or obligation on the CONTRACTOR, as determined by OWNER, shall govern and control. Mid-range,GC,Lump Sum,Contract,2-JAN-12 4 of 4 y 1.2.2 The Contract Documents taken together constitute the entire and exclusive agreements between the parties with reference to the Project, and supersede any and all prior discussions, communications, representations, understandings, negotiations or agreements. This Contract may not be modified except in writing signed by the parties'designated representatives or corporate officers. 1.3 INSTRUMENTS OF SERVICE 1.3.1 Drawings, Specifications and other design information prepared by the Architect are instruments of the Architect's service for use solely with respect to the Work ("Instruments of Service". The Architect and OWNER will retain all common law, statutory and other reserved rights in said Instruments of Service, including the copyright. They are not to be used by CONTRACTOR or any Subcontractor, Sub-subcontractor or material or equipment supplier for other projects or for additions to the areas affected by the Work outside the scope of this Contract without the specific written consent of OWNER. 1.4 PROJECT SITE REVIEW 1.4.1 In accordance with the standard of performance set forth in Paragraph 2.2 of the Contract, CONTRACTOR shall, prior to the performance of any Work hereunder, (a) carefully examine and review the Project Site, the Contract Documents and the adjacent areas, as well as any and all geotechnical and environmental reports, surveys, and as-built drawings to ascertain the nature and location of the Work and general and local conditions applicable to the Work, and (b) perform any destructive testing and consult with any locater services as necessary to discover any concealed subsurface conditions, such that CONTRACTOR is satisfied that CONTRACTOR can complete the Work consistent with the Contract Documents without the need for any change to the Contract Sum or Construction Schedule(the"Project Site Review"). Notwithstanding the foregoing, CONTRACTOR's responsibilities with respect to the identification of hazardous materials at the Project Site shall be limited to its responsibility to review the materials provided to it by OWNER. ARTICLE 2 THE WORK OF THIS CONTRACT 2.1 CONTRACTOR shall fully execute the Work of this Contract. CONTRACTOR shall use its best efforts to subcontract for all of the materials, labor, equipment and services necessary to perform the Work or shall self-perform the Work. 2.2 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. 2.3 The CONTRACTOR understands and acknowledges that the OWNER may be obtaining a loan, tax credits and/or other financing or assistance for the Project from certain federal and/or state housing and development agencies and that, therefore, this Contract may be subject to certain regulatory requirements of the City and State in which the Project is located (including, but not limited to, the State financing agency and the State Historic Preservation agency, as applicable),the Department of Housing and Urban Development as well as the requirements of lender(s), investors and tax credit syndicator(s) ("Regulatory Requirements"). To the extent that the Project is subject to any of the aforementioned Regulatory Requirements, CONTRACTOR agrees to perform, and shall cause its Subcontractors to perform, the Work in a manner sufficient to satisfy and fully comply with such Regulatory Requirements. In particular, and without limiting the generality of the foregoing, the CONTRACTOR agrees to cooperate and assist OWNER in complying with any and all loan/financing requirements including, but not limited, to the execution of any and all required consents, certificates and statements, as well as the use of any and all required payment, lien, change order, schedule of values and other form documents. Mid-range,GC,Lump Sum,Contract,2-JAN-12 5 of 5 ARTICLE 3 TIME 3.1 DATE OF COMMENCEMENT 3.1.1 The"Date of Commencement"of the Work shall be 9/09/2013, unless OWNER, in its sole discretion, issues a written notice to proceed that differs from the terms set forth herein, in which case the date set forth in the notice to proceed shall serve as the Date of Commencement. 3.2 CONTRACTOR'S CONSTRUCTION SCHEDULE 3.2.1 CONTRACTOR shall prepare and submit to OWNER a construction schedule (the "Construction Schedule") based on and consistent with OWNER's requirements. The Construction Schedule shall utilize critical path methodology (CPM)with a computerized database and production program. The Construction Schedule shall identify any Milestone and Milestone Dates; identify the Scheduled Date(s) of Substantial Completion; identify the Scheduled Date of Final Completion; identify separately all tasks of Subcontractors identified in the Schedule of Values; identify dates for the preparation and delivery of Shop Drawings; set forth any portions of the Project having occupancy priority, and identify the Date of Commencement consistent with the terms of this Contract. The Construction Schedule shall allow for and reflect: i) typical local weather conditions; ii) Work restrictions; iii) Time for needed approvals; iv) Inspections and/or tests; v) The work of OWNER's separate contractors; and vi) Coordination of Work with ongoing operations. 3.2.2 Upon OWNER's review and approval of the Construction Schedule, the Construction Schedule will become part of this Contract as Exhibit °D". The CONTRACTOR shall update the Construction Schedule in each of the following instances: (i) on a monthly basis; (ii) as reasonably requested by OWNER; iii) whenever a change in the Work affects the Construction Schedule, Milestone Dates or the scheduled date of Substantial Completion; and (vi) whenever the CONTRACTOR alters the means, methods or sequence of the Work in such a manner so as to affect the Construction Schedule. Such updated schedule shall be submitted with each of CONTRACTOR's Applications for Payment as a condition precedent to CONTRACTOR's right to payment hereunder. 3.2.3 Time is of the essence in the performance of the Work. The Construction Schedule may be modified only as specifically set forth in this Contract. 3.2.4 There shall be no changes to the Construction Schedule unless a Change Order is executed in connection therewith. 3.2.5 To the extent that any of the following events results in an actual delay in the progress of the Work, and is not caused in whole or in part by CONTRACTOR, such delay shall entitle CONTRACTOR to an extension of any applicable time periods in the Construction Schedule, such extension being CONTRACTOR's sole remedy for such delay: i) Acts (including delays in acting or failure to act) of the State or the City or of any other governmental or regulatory authority that are not the result of any fault or negligence of CONTRACTOR or Subcontractors; ii) Acts (including delays in acting or failure to act) of the OWNER, Architect, or of any employee of either, or of a separate contractor employed by the OWNER; iii) Restraints or injunctions issued by a judicial body requiring that the Work or any portion thereof shall be halted; iv) Unforeseen changes in Law; v) Fires,floods, earthquakes,civil disturbances,wars, insurrections,or riots; or vi) Strikes, involuntary work stoppages, labor disputes, lockouts not resulting from any fault of CONTRACTOR or the Subcontractors; vii)Weather conditions which, measured on a monthly basis, are more than 25% more severe than the monthly averages for temperature or precipitation, as calculated over the prior ten-year period, for the local area as determined by the National Weather Service; or Mid-range,GC,Lump Sum,Contract,2-JAN-12 6 of 6 viii) Concealed Conditions, subject to the terms of Paragraph 6.22. 3.2.6 CONTRACTOR's obligation to properly and timely perform and complete the Work in accordance with the Contract Documents shall be absolute. CONTRACTOR shall carry on the Work and adhere to the Construction Schedule during all disputes or disagreements with OWNER. 3.3 ACCELERATION OF THE WORK 3.3.1 If CONTRACTOR's rate of progress is such that the amount of Work within any time period required by the Construction Schedule is less than the amount therein specified to be completed within such time, and it reasonably appears that CONTRACTOR shall be unable to achieve the Milestone(s) by the Milestone Date(s), Substantial Completion of the Work by the Scheduled Date of Substantial Completion or Final Completion of the Work by the Scheduled Date of Final Completion, 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 as a result thereof. 3.3.2 In addition to OWNER's right to accelerate the Work pursuant to Paragraph 3.3.1, OWNER may 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 in the amount of the costs incurred directly by the Subcontractors as a result of the acceleration. 3.4 LIQUIDATED DAMAGES 3.4.1 CONTRACTOR acknowledges that in the event that it fails to achieve: (i) Final Completion of the Milestone(s) by the Milestone Date(s); or (ii) Final Completion of the entire Work by the Scheduled Date of Final Completion, 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. 3.4.2 Liquidated damages will be assessed when incurred and, in such event, shall be reflected as a deduction from any amounts due under any Applications for Payment pending at the time that such liquidated damages are assessed. All liquidated damages that have not been deducted from previous payments in accordance with this Paragraph will be deducted from the Final Payment. In the event the amount of Final Payment is insufficient to cover the amount of liquidated damages incurred the CONTRACTOR O shall promptly pay to the OWNER any difference. ARTICLE 4 COMPENSATION 4.1 CONTRACT SUM 4.1.1 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. 4.2 PROGRESS PAYMENTS 4.2.1 For the Work provided hereunder, CONTRACTOR agrees to provide OWNER with "Applications for Payment"in the form attached hereto as Exhibit"E", unless 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 makePaY ments as provided herein. The period covered by each Application for Payment shall be one calendar Mid-range,GC,Lump Sum,Contract,2-JAN-12 7 of 7 t month. Other than as set forth in Article 11.1 hereof, CONTRACTOR shall have no right to terminate this Contract as a result of any dispute with OWNER. 4.2.2 CONTRACTOR shall submit Applications for Payment no more than once a calendar month. OWNER will pay CONTRACTOR that amount set forth in the Application for Payment within 30 days after OWNER's receipt of an Application for Payment, less those amounts properly withheld pursuant to the terms of this Contract. OWNER may utilize any one of the following as a basis for rejecting, and requiring CONTRACTOR to resubmit, an Application for Payment: i) failure to specify the full contract number; ii) failure to submit full supporting documentation required by Paragraph 4.2.5; 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; iv)failure to submit a Construction Schedule; v)failure to submit certified payrolls,if applicable; or vi)any other basis provided in this Contract. 4.2.3 Subject to other terms and provisions of this Contract, the amount of each Progress Payment shall be computed as follows: i) Take that portion of the Contract Sum properly allocable to completed Work as determined by multiplying the percentage completion of the Work by the total Contract Sum, less retainage as set forth in Paragraph 4.2.4; ii)Subtract the aggregate of previous payments made by OWNER;and iii) Subtract amounts, if any, which OWNER has withheld as provided in Paragraph 4.2.6 of this Contract. 4.2.4 Retention. The amounts for each progress payment will be on the basis of ninety percent (90%) of the value of labor, materials and equipment satisfactorily incorporated in the Work for such progress payment, and ninety percent (90%) of the proportional amount of the Contractor's Fee based upon the portion of the Cost of the Work being paid by Owner in such progress payment, until the conditions for Substantial Completion set forth in Article 8 of the Terms and General Conditions have been satisfied. Except with Owner's prior approval, payments to Subcontractors shall be subject to retention of not less than ten percent(10%). 4.2.5 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," all documentation required by OWNER in support of such Application for Payment, including, without limitation, such bill of sale, receipts or other proofs of purchase for materials, equipment and supplies purchased in connection with the CONTRACTOR's and its Subcontractor's (of any tier) performance of the Work, as well as 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. 4.2.6 OWNER may withhold any payment, including the retainage, to CONTRACTOR, for any reason, including, but not limited to, if: (i)there is defective Work that has not been remedied; (ii)third parties have filed claims or liens or have threatened to file claims or liens; (iii) CONTRACTOR has failed to pay Subcontractors for labor, materials or equipment; (iv) damage has been caused to OWNER or another CONTRACTOR by the acts or omissions of CONTRACTOR and anyone for whom CONTRACTOR is liable; (v) CONTRACTOR fails to submit an invoice as required by the terms of this Contract; or (vi) CONTRACTOR fails to carry out the Work in accordance with the Contract Documents ("Disputed Amount"). OWNER may withhold the Disputed Amount until the dispute is resolved by settlement, dispute resolution or judicial determination. However, both OWNER and Mid-range,GC,Lump Sum,Contract,2-JAN-12 8 of 8 i 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. 4.2.7 Notwithstanding anything in this Contract to the contrary, OWNER may elect, in OWNER's sole discretion, to make any payment requested by CONTRACTOR on behalf of a Subcontractor of any tier jointly payable to CONTRACTOR and such Subcontractor. CONTRACTOR and such Subcontractor shall be responsible for the allocation and disbursement of funds included as part of any such joint payment. Any joint payment hereunder shall constitute payment to CONTRACTOR, in the full amount of the joint payment, as if such joint payment were made to CONTRACTOR alone. In no event shall OWNER's agreement to make a joint payment or the making of a joint payment be construed to create any(i) contract between OWNER and a Subcontractor of any tier, (ii) obligations from OWNER to such Subcontractor, or(iii) rights in such Subcontractor against OWNER. 4.3 PAYMENT UPON SUBSTANTIAL COMPLETION AND FINAL PAYMENT 4.3.1 When the entire Work is Substantially Complete and a certificate of Substantial Completion has been issued as provided herein, CONTRACTOR's subsequent progress payment shall be calculated to include a sum sufficient to increase the total payments to the full amount of the Contract Sum, less an amount calculated by OWNER to equal one hundred and fifty percent(150%) of the value of the incomplete Work(the"Final Retention"). 4.3.2 "Final Payment", consisting of the Final Retention as calculated in Paragraph 4.3.1 above, shall be made by OWNER when CONTRACTOR has achieved Final Completion except for CONTRACTOR's warranty a ty obligations. 4.3.3 A precondition to CONTRACTOR's entitlement to Final Payment shall be the execution and delivery of final lien waivers from itself and each of its Subcontractors in form and substance approved by OWNER. Additionally, prior to and as a condition of Final Payment hereunder, all Operation and Maintenance Manuals, As-Built and Record Drawings, manufacturers guarantees/warranties, and any other documentation as may be reasonably required by OWNER to close out the Project or otherwise expressly set forth in this Contract as a condition to Final Payment shall be submitted to OWNER. 4.3.4 OWNER's Final Payment to CONTRACTOR will be made no later than 30 days after OWNER's acceptance of the Work and CONTRACTOR's satisfaction of all of the contractual prerequisites to Final Payment set forth herein. 4.3.5 The acceptance of Final Payment shall constitute a waiver of all claims by CONTRACTOR against the Indemnified Parties (as defined in Paragraph 10.3.1), 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. 4.4 WAIVER OF RIGHTS UNDER APPLICABLE PROMPT PAYMENT STATUTES Mid-range,GC,Lump Sum,Contract,2-JAN-12 9 of 9 THE CONTRACTOR AGREES THAT THE TERMS OF THIS AGREEMENT SHALL GOVERN AND CONTROL THE RIGHTS AND OBLIGATIONS OF THE PARTIES WITH RESPECT TO PAYMENT AND, THEREFORE, THE CONTRACTOR HEREBY WAIVES ANY AND ALL RIGHTS AND PROTECTIONS AFFORDED BY THE PROVISIONS OF ANY STATUTE TO THE EXTENT INCONSISTENT WITH THE REQUIREMENTS FOR PAYMENT HEREUNDER. The CONTRACTOR shall include a similar provision in each of its agreements with its Subcontractors. ARTICLE 5 OWNER 5.1 OWNER'S RIGHT TO PERFORM CONSTRUCTION AND TO AWARD SEPARATE CONTRACTS 5.1.1 OWNER reserves the right to perform construction or operations related to the Project with OWNER's own forces and to award separate contracts in p connection with otherp ortions of the Project. 5.1.2 CONTRACTOR shall coordinate and cooperate with separate contractors employed by OWNER. 5.2 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 may change its representative by notice to CONTRACTOR in writing signed by its representatives or by a corporate officer. 5.3 OWNER and OWNER's Representative will not have control over or charge of and will not be responsible for construction means, methods, techniques, sequences or procedures, or for safety precautions and programs in connection with the Work, since these are solely CONTRACTOR's responsibility. OWNER will not be responsible for CONTRACTOR's failure to carry out the Work in accordance with the Contract Documents. 5.4 OWNER's Representative will have authority to reject Work that does not conform to the Contract Documents. 5.5 OWNER will have the right to provide materials to CONTRACTOR for incorporation into the Work. To the extent that such materials are included in the Contract Sum, the Contract Sum shall be adjusted to provide OWNER with a credit for such OWNER supplied materials. 5.6 OWNER's Representative will be the individual listed below. OWNER may change OWNER's Representative by notice to CONTRACTOR in writing. OWNER's Representative: Milinazzo, Dane Address: 3331 Street Road, Suite 450 Bensalem, PA 19020 ARTICLE 6 CONTRACTOR 6.1 CONTRACTOR shall have a continuing duty to read, examine, review, compare and contrast each of the documents which make up the Contract Documents, Shop Drawings, and other submittals and shall give written notice to OWNER of any conflict, ambiguity, error or omission which CONTRACTOR may find with respect to these documents before proceeding with the affected Work. The express or implied approval by OWNER of any Shop Drawings or other submittals shall not relieve CONTRACTOR of the continuing duties imposed hereby, nor shall any such approval be evidence of CONTRACTOR's compliance with the Contract Documents. OWNER MAKES NO REPRESENTATION OR WARRANTY OF ANY NATURE WHATSOEVER TO CONTRACTOR CONCERNING THE CONTRACT DOCUMENTS. 6.2 CONTRACTOR shall supervise and direct the Work, using CONTRACTOR's best skill and attention. CONTRACTOR shall be solely responsible for and have control over construction means, methods, techniques, sequences and procedures, and for coordinating all portions of the Work under the Mid-range,GC,Lump Sum,Contract,2-JAN-12 10 of 10 Contract, unless the Contract Documents give other specific instructions concerning these matters. If the Contract Documents give specific instructions concerning construction means, methods, techniques, sequences or procedures, CONTRACTOR shall be fully and solely responsible for the jobsite safety thereof unless CONTRACTOR gives timely written notice to OWNER that such means, methods, techniques, sequences or procedures may not be safe. 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. 3) 6.2.1 The obligation of CONTRACTOR under Paragraph 6.2 shall include, but not be limited to, the duty to provide and maintain at the Site, at CONTRACTOR's sole cost and expense, suitable and sufficient lights, barricades and enclosures. All damage or loss to any property caused in whole or in part by CONTRACTOR, its Subcontractor or their agents or anyone directly or indirectly employed by any of them or by anyone, for whose acts any of them may be liable, shall be remedied by CONTRACTOR. OWNER reserves the right at all time, but shall not be obligated, to stop Work that OWNER has actual knowledge is being performed in an unsafe manner until CONTRACTOR rectifies such unsafe condition. 6.2.2 CONTRACTOR acknowledges that OWNER, or the Project, may have certain specific limitations on the days and times on or during which the CONTRACTOR may perform the Work under this Contract (the "Permitted Days/Hours of Operation"). Accordingly, it shall be the sole responsibility of the CONTRACTOR to request such information from the OWNER. CONTRACTOR shall be solely liable for any damages, costs or expenses arising out of CONTRACTOR's failure to perform the Work within such Permitted Days/Hours of Operation. 6.3 CONTRACTOR shall designate to OWNER, as set forth hereinabove, a representative authorized to act on CONTRACTOR's behalf with respect to the Project ("CONTRACTOR's Representative"). CONTRACTOR's Representative shall not be replaced with p p out thep riot written consent of OWNER. All communications given to CONTRACTOR's Representative shall be binding on CONTRACTOR. 6.4 CONTRACTOR, within thirty (30) days after the execution of this Contract, shall furnish in writing to OWNER the names of Subcontractors or suppliers for each portion of the Work. OWNER will promptly reply to CONTRACTOR in writing if OWNER has reasonable objection to the Subcontractors or suppliers listed. 6.5 If anyone for whom CONTRACTOR is roves responsible unsatisfactory p p to OWNER, OWNER will provide CONTRACTOR with written notification. If the unsatisfactory behavior has not been corrected to OWNER's satisfaction within one (1) day from receipt of written notice, such person or entity shall be immediately removed and promptly replaced. 6.6 CONTRACTOR shall keep notes of all the deviations and discrepancies concerning the Site conditions and other items of construction and Work, including but not limited to concealed conditions, on field drawings. At the completion of the Project, CONTRACTOR shall provide a final record set of construction documents that incorporate the as-built final condition of the Project. 6.7 The submission of accurate record documents and manufacturers' guarantees and warranties and maintenance and operating manuals by CONTRACTOR are conditions precedent to CONTRACTOR receiving Final Payment. 6.8 LABOR, MATERIALS AND EQUIPMENT 6.8.1 Unless otherwise provided in the Contract Documents, CONTRACTOR shall provide and pay for labor, materials, equipment, tools, utilities, transportation, and other facilities and services necessary for proper execution and completion of the Work. 6.8.2 CONTRACTOR shall deliver, handle, store and install all materials, including OWNER supplied materials, in accordance with manufacturers' instructions. Mid-range,GC,Lump Sum,Contract,2-JAN-12 11 of 11 6.8.3 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. 6.9 PERMITS, FEES AND NOTICES 6.9.1 CONTRACTOR shall obtain and pay for the building permit and other permits and governmental fees, licenses and inspections necessary for proper execution and completion of the Work. 6.9.2 CONTRACTOR shall comply with and give notices required by Laws applicable to performance of the Work. If CONTRACTOR observes that portions of the Contract Documents are at variance with Laws, CONTRACTOR shall promptly notify the Architect and OWNER in writing. If CONTRACTOR performs Work knowing it to be contrary to Laws without notice to the Architect and OWNER, CONTRACTOR shall assume full responsibility for such Work and shall bear the attributable costs. 6.10 CONTRACTOR shall confine operations at the Site to areas permitted by law, ordinances, permits, the Contract Documents and OWNER. The Work shall be executed in a manner that will cause as little inconvenience as possible to OWNER in OWNER's use of the property and existing facilities and structures. Where applicable CONTRACTOR shall provide and maintain adequate, dust tight, protective coverings, enclosures and barricades about the area affected by the Work and shall keep the same in repair throughout the prosecution of the work. CONTRACTOR shall take every precaution not to negatively impact adjacent or nearby tenants by noise vibration, dust or ether means. 6.11 CONTRACTOR shall be responsible for cutting, fitting or patching required to complete the Work or to make its parts fit together properly. 6.12 CONTRACTOR shall keep the premises and surrounding area free from accumulation of debris and trash related to the Work. Within twenty-four (24) hours from the completion of any Work, or any portion of Work, CONTRACTOR shall remove all waste material, rubbish, tools, construction equipment, machinery and surplus materials from the Property, and shall leave the Work area broom clean or its equivalent at the end of each work day. If CONTRACTOR fails to clean the premises, OWNER may Perform such clean up and the cost shall be deducted from an payment requests any q submitted by CONTRACTOR. CONTRACTOR is responsible for removal and proper disposal of all waste from the Work. 6.13 TESTING AND INSPECTION OF WORK 6.13.1 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. 6.13.2 If such testing or inspection reveals a failure of the portions of the Work to comply with requirements established by the Contract Documents, CONTRACTOR shall bear all costs made necessary by such failure. If any portion of the Work is coveredrior to or contrary ry to CONTRACTOR N RACTOR having obtained the approval of OWNER it must, if required in writing by OWNER, be uncovered for OWNER's observation and be replaced at CONTRACTOR's expense without change in the Construction Schedule. 6.13.3 If OWNER chooses to accept any portion of the Work that is not in accordance with the requirements of the Contract Documents, OWNER may do so instead of requiring its removal and correction in which case the Contract Sum will be reduced as appropriate and equitable. Mid-range,GC,Lump Sum,Contract,2-JAN-12 12 of 12 I ' 1 6.14 Upon notice from OWNER, CONTRACTOR shall promptly remedy any Work that is found not to be in accordance with the requirements of the Contract Documents, and pay for any damage to other work resulting therefrom,which shall appear within a one(1)year period from the actual date of Final Completion of the Work. Notwithstanding the foregoing if the terms of specific warranties required by any of the Contract Documents stipulate a longer time period,the longer time period shall govern. 6.15 CONTRACTOR shall enforce OWNER's instructions regarding signs, advertisements, fires and smoking. No smoking will be permitted, except in designated areas. 6.16 CONTRACTOR is not permitted to connect, disconnect, turn on, or turn off any utility services in any building or facility owned or occupied by OWNER, without OWNER's permission. In all cases, CONTRACTOR shall give notice of the need for a utility service shutdown, to OWNER, in a timely manner so as to avoid delays to the project's progress. In all cases, OWNER requires a minimum of seventy-two hours notice prior to when a utility shutdown is needed. 6.17 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. 6.18 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, or applicable portions of the Work, until the correction is made. 6.19 If CONTRACTOR defaults or neglects to carry out the Work in accordance with the Contract Documents OWNER may, without prejudice to other remedies, correct such deficiencies. In such case, a Change Order shall be issued deducting the cost of correction from payments due CONTRACTOR. 6.20 CONTRACTOR shall be responsible for protecting the Work, and designated portions of the Work (e.g. units and floors) against the elements at the end of each working day and under no circumstances shall any Work, or designated portion of the Work, be left unprotected due to Work under this Contract. In addition, no occupied Work, or designated 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. 6.21 All laborers and workers, while working in and around the Project, shall act in a professional manner. CONTRACTOR shall enforcero er discipline and decorum p p p u 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 needs to be removed due to his or her failure to comply with the terms of this provision, CONTRACTOR shall remove such laborer from the Project Site immediately. 6.22 CONCEALED CONDITIONS 6.22.1 In the event conditions are encountered at the Project Site which CONTRACTOR pursuant to the responsibilities set forth in Paragraph 1.4 of the Contract did not discover or in accordance with the standard of performance set forth in Paragraph 2.2 of the Contract should not reasonably have discovered and such conditions are: (1)subsurface or otherwise concealed physical conditions which differ material) from those indicated in the Contract Documents ocuments or(2) unknown physical conditions of ann u usual nature, which differ materially from those ordinarily found to exist and generally recognized as inherent in construction activities of the character provided for in the Contract Documents, then notice by the observing party shall be given to the other party promptly before conditions are disturbed and in no event later than three (3) days after first observance of the conditions. OWNER will promptly investigate such conditions and, if they differ materially and cause an increase or decrease in CONTRACTOR's cost of, or time required for, performance of any part of the Work,the Contract Sum and/or Construction Schedule shall be equitably adjusted. Mid-range,GC,Lump Sum,Contract,2-JAN-12 13 of 13 t ARTICLE 7 SUBCONTRACTORS; FLOW DOWN REQUIREMENTS 7.1 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, for each Subcontractor, shall provide the OWER with a copy of an executed subcontract agreement, prior to the performance of any Work by such Subcontractor or, if Subcontractor has already commenced any Work, promptly upon its execution. In the event that the OWNER directs the CONTRACTOR to modify such standard form of agreement,the CONTRACTOR shall make all directed changes without cost to the OWNER. OWNER will have the right to approve all Subcontractors, and CONTRACTOR shall not enter into a subcontract with an intended Subcontractor to whom OWNER objects. 7.2 It is the CONTRACTOR's obligation to ensure that all obligations of the CONTRACTOR under the Contract Documents are assumed by, and flowed-down and passed through to, the Subcontractors, Sub-subcontractors and suppliers of every tier, by the inclusion of contractual provisions requiring each Sub- subcontractors 9 c of the Subcontractors to bind not only themselves but their lower tier Sub subcontractors and suppliers (and similarly requiring such lower tier Sub-subcontractors and suppliers to bind themselves and their lower tier subcontractors, and so on for each lower tier, so as to bind all tiers of subcontractors) to the obligations of the 'CONTRACTOR under the Contract Documents. CONTRACTOR shall expressly include, and shall cause its Subcontractors and suppliers to expressly include, provisions in the subcontract agreements entered into for this Project that shall, without limitation, require each Subcontractor: i) To be bound to CONTRACTOR by the terms of the Contract Documents and to assume toward CONTRACTOR all obligations and responsibilities that CONTRACTOR assumes toward OWNER under the Contract Documents; ii) To submit to CONTRACTOR accurate applications for payment in such reasonable time as to ` enable CONTRACTOR to apply for payment under the Contract hereof; iii) To make all claims for extras or changes, for extensions of time and for damages for delays or otherwise,to CONTRACTOR in the manner provided for in the Contract Documents; iv)To make OWNER an express intended third party beneficiaries of the subcontracts; v)To waive all rights (including, without limitation, rights of subrogation) that the Subcontractor or its insurers may have against the OWNER and any of the Additional Insureds, to the same extent as such rights of subrogation are required to be waived by CONTRACTOR and/or the CONTRACTOR's insurer(s), except for such rights that the Subcontractor may have to the proceeds of such insurance held by the OWNER or CONTRACTOR; vi) To afford the OWNER and entities and agencies designated by the OWNER the same rights and remedies afforded to them under the Contract Documents with respect to access to and the right to audit and copy at the OWNER's cost all of the Subcontractor's books, records, contracts, correspondence, instructions, drawings, receipts, vouchers, purchase orders, memoranda and other records and documents relating to the Work(specifically including, but not limited to,the rights of the Owner set forth in Section 13.15 herein); vii) To purchase and maintain insurance (and to include the Additional Insureds as additional insureds on the respective Subcontractors' liability policies) in accordance with the requirements of the Contract Documents; viii) To defend, indemnify and hold harmless the Indemnified Parties on the same terms as required of the CONTRACTOR under the terms of the Contract Documents. Such indemnification be fully enforceable and in compliance with applicable Laws; and ix) To warrant and represent that the Subcontractor has reviewed the Contract Documents and inspected the Project Site on the terms provided for in Paragraph 1.4, above. Without limiting the generality of the foregoing, the CONTRACTOR shall include the following provision in each of its subcontract agreements: "Subcontractor agrees to be bound to Contractor by the terms of this Subcontract and all of the Contract Documents and to assume toward Contractor all of the obligations, risks and responsibilities that Contractor has assumed or may Mid-range,GC,Lump Sum,Contract,2-JAN-12 14 of 14 assume towards the Owner under the contract for construction of the Project between the Owner and Contractor dated , a copy of which is attached hereto as Exhibit _ and incorporated by reference (the "Prime Contract"). In addition to the Contractor's rights and remedies in this Subcontract, Contractor shall have the, benefits of all rights and remedies against Subcontractor, which Owner, under the Prime Contract, has against the Contractor. The terms and provisions of this Subcontract regarding Subcontractor's Work shall be in addition to, and not in substitution or derogation of, any of the terms of the Prime Contract. Notwithstanding the incorporation of the Prime Contract into this Subcontract, Subcontractor's rights against Contractor(as opposed to Subcontractor's obligations, risks, responsibilities and limitations) shall be limited sole) to the rights and remedies Y g provided to Subcontractor under this Subcontract without regard to any rights and remedies afforded by the Prime Contract. Further, Subcontractor is not, and shall not, be deemed to be a third party beneficiary of the Prime Contract or any other agreement relating to the Project." 7.3 CONTRACTOR agrees: i) To be responsible for all actions, inactions, and omissions of Subcontractors, and lower tier subcontractors, suppliers, and their agents, employees, and any other person employed or performing portions of the Work under a contract with CONTRACTOR or a party to a contract between CONTRACTOR and any Subcontractor or lower tier Subcontractor or supplier;and ii) Nothing contained in the Contract Documents shall be deemed to create any contractual relationship between OWNER and any Subcontractor or lower tier Subcontractor or any other party than OWNER and CONTRACTOR. ARTICLE 8 CHANGES IN THE WORK 8.1 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 1 9adjusted accordingly.. All such extra or changed work shall be authorized by a written Change Order. The form and substance of the Change Order shall be as set forth on Exhibit"E," unless OWNER advises CONTRACTOR, in writing, that a different form will be used on the Project. Upon receipt of such Change Order executed by OWNER, CONTRACTOR shall promptly proceed with such extra or changed Work involved and such extra or change will constitute a portion of the Work. 9 8.2 In the event that OWNER exercises its rights under Paragraph 8.1 or in the event of any other change in the Work,the Contract Sum shall be adjusted as follows: i) If the parties are able to reach mutual agreement as to the appropriate adjustment, then the Contract Sum shall be adjusted in the amount mutually agreed upon; or ii) By means of unit prices as set forth in Exhibit"C",attached hereto. 8.3 With respect to pricing Change Orders,the maximum mark-up percentage to be paid when the Work is self performed by CONTRACTOR shall be as set forth in Exhibit C ("Self-Performed Mark-up")and when the Work is performed by the Subcontractors, such maximum mark-up shall be as set forth on Exhibit"C"("Subcontractor Mark-up"). ARTICLE 9 SUBSTANTIAL COMPLETION 9.1 Two (2) days prior to that time when CONTRACTOR anticipates that the Work associated with the achievement of any of the Milestone Dates or the Date of Substantial Completion will be sufficiently complete to qualify for Substantial Completion, such that the Work or the renovation of any unit identified by one of the Milestone(s) will be fit for its intended purpose as determined solely by OWNER, CONTRACTOR shall notify OWNER of such condition and request that a certificate of Substantial Completion for such Work be issued upon Substantial Completion. Accompanying this notification, CONTRACTOR shall submit CONTRACTOR's Punch List. Mid-range,GC,Lump Sum,Contract,2-JAN-12 15 of 15 i I i 9.2 Within a reasonable time after being notified regarding Substantial Completion, OWNER will review CONTRACTOR's Punch List prepared for the Work in question and make a preliminary inspection of the work to determine if it qualifies for Substantial Completion. If in the opinion of OWNER the Work is not substantially complete, CONTRACTOR will be notified of such conditions. 9.3 If, in the opinion of OWNER, all Work associated with the achievement of any of the Milestone Dates is sufficiently complete to qualify for Substantial Completion, OWNER will inspect such Work and prepare OWNER's Punch List for such Work. At the completion of these inspections, a certificate of Substantial Completion of all Work or the Work associated with the achievement of any of the Milestone Dates will be issued by OWNER. CONTRACTOR shall be responsible for completing or correcting all items contained on the Punch Lists, promptly upon CONTRACTOR's receipt of OWNER's Punch List. 9.4 Upon the issuance of the certificate of Substantial Completion of the entire Work, or a certificate of Substantial Completion for Work associated with the achievement of any of the Milestone Dates, OWNER will be responsible for security, maintenance, damages to the completed work, utility costs, and operations of the facility or any portion thereof. CONTRACTOR, however, shall be responsible for any damages caused by CONTRACTOR's efforts to complete the Work, including any clean up costs. CONTRACTOR's insurance will remain in force until the Final Completion of the Work. 9.5 Guarantees and warranties required by the Contract Documents shall commence on the date of Final Completion of the entire Work or any designated portion of the Work as identified by a Milestone. Guarantees and warranties associated with Final Completion of a designated portion of the Work identified by a Milestone shall only commence with respect to that limited scope of Work and shall not commence with respect to the balance of the Work. ARTICLE 10 INSURANCE, INDEMNIFICATION AND BONDS 10.1 CONTRACTOR'S INSURANCE CONTRACTOR shall purchase and maintain at CONTRACTOR's sole expense such insurance as shall protect CONTRACTOR from claims for damages for personal injury, including death, resulting therefrom as well as for property damage, which may arise from operations under this Contract, whether such operations be by CONTRACTOR or by any Subcontractor or by anyone directly or indirectly employed by either of them. CONTRACTOR shall maintain such insurance without interruption from the Date of Commencement of the Work until Final Payment or termination of any coverage required to be maintained after Final Payment. The cost of such insurance shall be included in the Contract Sum. 10.1.1 Coverage shall be at least as broad as: i) Commercial General Liability insurance coverage insuring all operations by or on behalf of CONTRACTOR and including coverage for: (a) premises and operations; (b) products and completed operations; (c) contractual liability insuring the obligations assumed by CONTRACTOR under a Work Authorization; (d) personal injury liability; (e) broad form property damage; and (f) explosion, collapse, and underground ("XCU"); ii) Automotive Liability insurance covering all owned, hired and non-owned vehicles, and shall include coverage for the Automobile Contractual Liability; iii)Workers' Compensation insurance as required by applicable law or regulations or statutes and Employer's Liability insurance. 10.1.2 CONTRACTOR shall maintain limits of liability of at least: 1)Commercial General Liability policy form: $1,000,000 each occurrence bodily injury and property damage, $1,000,000 personal and advertising injury, $2,000,000 products and completed operations aggregate, $2,000,000 general aggregate. If the Contract Sum exceeds $1,000,000, the limits of liability for the Commercial General Liability policy form (both on an occurrence and aggregate basis) shall be no less than an amount equivalent Mid-range,GC,Lump Sum,Contract,2-JAN-12 16 of 16 to the Contract Sum up to a maximum limit of liability(both on an occurrence and aggregate basis)of $10,000,000. 2)Automobile Liability: $1,000,000 combined single limit per accident for bodily injury and property damage. 3)Workers Compensation: Coverage as required by law. 4) Employer's liability: $500,000 bodily injury by accident $500,000 Disease-Each Employee $500,000 Disease Aggregate 5) CONTRACTOR,at its own expense, may obtain other coverages or higher limits. 10.1.3 Any deductibles or self-insured retentions must be declared to and approved by OWNER. At the option of OWNER, either: the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects 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 the insured performs any work, and their respective partners, managers, members, employees, officers, directors, trustees, shareholders, counsel, representatives, agents, successors and assigns ("Additional Insureds"); or CONTRACTOR shall procure a bond guaranteeing payment of losses and defense costs. 10.1.4 The general liability insurance required by this insurance clause shall be written on an occurrence basis. 10.1.5 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 ("Additional Insureds") shall be named as additional insureds under the Commercial General Liability policy and the automobile policy. The Commercial General Liability policy and any excess or umbrella liability policy shall stipulate that the insurance afforded the Additional Insureds shall apply as primary insurance and that any other insurance carried by the Additional Insureds will be excess only and will not contribute with CONTRACTOR's insurance. The Commercial General Liability and any excess or umbrella liability policies shall contain the usual cross liability wording indicating that except for limits of liability, the policies shall operate as though separate policies were issued to each insured. 10.1.6 Each insurance policy required by this insurance clause shall be endorsed to state that coverage shall not be suspended, voided, canceled by either party, reduced in coverage or in limits except after thirty days prior written notice by certified mail, return receipt requested, has been given to OWNER. 10.1.7 Insurance shall be placed with insurers which have an A.M. Best's rating of A-or higher and financial size category of VII or higher or which OWNER deems in writing to be acceptable to OWNER. 10.1.8 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, contract number and all insurance coverages and special conditions as required by this Article. 10.1.9 Certificates are to be signed by a person authorized by the insurer to bind coverage on its behalf. Mid-range,GC,Lump Sum,Contract,2-JAN-12 17 of 17 10.1.10 Failure of OWNER to require such certificates of insurance shall not relieve CONTRACTOR from the responsibility to provide the specified insurance coverages. . 10.1.11 CONTRACTOR shall require all Subcontractors to furnish separate certificates of insurance. All coverages for Subcontractors shall be subject to all of the requirements stated herein. CONTRACTOR shall not allow any Subcontractor to begin Work until CONTRACTOR has obtained a certificate evidencing the required insurance or has provided OWNER with evidence of Subcontractor's insurance and OWNER has agreed to accept such insurance in lieu of the limits set forth herein. CONTRACTOR shall retain Subcontractor certificates of insurance on file and shall provide them to OWNER upon demand. 10.1.12 CONTRACTOR and its insurers shall waive any and all rights of subrogation against the Additional Insureds. 10.2 OWNER'S INSURANCE 10.2.1 OWNER will purchase and maintain, in a company or companies lawfully authorized to do business in the jurisdiction in which the Project is located, property insurance in the amount of the initial Contract Sum as well as subsequent modifications thereto for the entire Work at the Site on a replacement cost basis without voluntary deductible. Such coverage shall also insure the existing structure as well as any adjacent property owned by OWNER. 10.2.2 OWNER's property insurance shall not cover tools, apparatus, machinery, scaffolding, hoists, and other similar items commonly referred to as construction equipment, which may be on the Site and the capital value of which is not included in Work. CONTRACTOR shall make its own arrangement for any insurance CONTRACTOR may require on such construction equipment. 10.2.3 OWNER's property insurance shall be written on an "all-risk" basis and include, without limitation, insurance against the perils of fire (with extended coverage) and physical loss or damage including, without duplication of coverage, theft, vandalism, malicious mischief, collapse, earthquake, flood, windstorm, falsework, testing and startup, temporary buildings and debris removal including demolition occasioned by enforcement of any applicable legal requirements, and shall cover reasonable compensation for Architect's and CONTRACTOR's services and expenses required as a result of such insured loss. 10.2.4 OWNER's property insurance shall include an endorsement removing any exclusions from coverage, which might result from occupancy of the building by OWNER and tenants during the course of construction. 10.2.5 OWNER will purchase and maintain insurance,throughout the course of the Project,which will insure OWNER against loss of use/loss of rents due to fire or other hazards caused by an Insured Peril. 10.2.6 CONTRACTOR shall pay the first $10,000 of deductibles under OWNER's property insurance for every claim against OWNER's property insurance that arises out of or results from the acts, errors or omissions of CONTRACTOR or those for whom it is responsible. 10.3 INDEMNIFICATION 10.3.1 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 Mid-range,GC,Lump Sum,Contract,2-JAN-12 18 of 18 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. 10.3.2 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 ("Hazardous Materials"). CONTRACTOR shall indemnify, hold harmless and, if requested by OWNER in its sole and absolute discretion, defend (with counsel approved by OWNER) the Indemnified Parties from and against any and all claims, demands, damages, liabilities,judgment, penalties,fines, interest, reasonable attorneys'fees, costs and expenses (collectively, "Losses"), including, without limitation, Losses associated with bodily injury, property damage, or the removal of the Work and restoration of OWNER's property, to the extent arising out of a breach of the covenant, representation and warranty set forth in this Paragraph or the presence of Hazardous Materials in the Work. Without limiting the foregoing, CONTRACTOR shall retain full responsibility for,and shall bear all cost associated with, any remediation of OWNER's property due to the presence of Hazardous Materials in the Work to the extent remediation is requested by any governmental authority or by OWNER, in its sole discretion. In the event CONTRACTOR fails to promptly undertake such remediation upon request by any governmental authority or OWNER, OWNER will have the right, but not the obligation, to undertake such remediation at CONTRACTOR's sole cost and expense, and charge CONTRACTOR the cost of such remediation (including hard and soft costs), plus interest at thelesser of the maximum permitted by law or 15% on the cost of such remediation, plus an administrative overhead charge equal to 10%of the amount of such remediation. 10.3.3 To the fullest extent permitted by law, the CONTRACTOR shall indemnify, defend and hold harmless the Indemnified Parties from all liabilities,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 result of a notice of lien, claim for lien, lien, or suit to foreclose a lien filed, given, made or maintained by Subcontractor, Sub-subcontractor or supplier provided that the CONTRACTOR has received payment pursuant to the terms of this Contract and subject to OWNER's rights to withhold payment as provided in this Contract. 10.3.4 To the fullest extent permitted by law, the CONTRACTOR shall indemnify, defend and hold harmless the Indemnified Parties from all liabilities,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 result of an infringement by the Contractor, or any party for whom Contractor is legally liable, of any claim of any United States or foreign patent, trademark,trade name, copyright or similar right. 10.3.5 The Indemnified Parties persons have the right to select legal counsel of their own choosing to defend them in any action for which CONTRACTOR owes OWNER or such other indemnified persons a defense obligation under this Paragraph. 10.3.6 In claims against any person or entity indemnified under this Paragraph 10.3 by an employee of the CONTRACTOR, a Subcontractor or anyone directly or indirectly employed by them or anyone for whose acts they may be liable, the indemnification obligations under this Paragraph 10.3 shall not be limited by a limitation on the amount or type of damages, compensation or benefits payable by or for the CONTRACTOR or a Subcontractor under workers' or workmen's compensation acts, disability benefit acts or other employee benefit acts. 10.3.7 No person or entity indemnified under the terms of this Paragraph 10.3, or by any other provision in this Contract, shall be indemnified for claims arising from such person's or entity's own negligence, and the provisions of this Paragraph 10.3 shall not be construed to require the 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 10.3 void or unenforceable. Mid-range,GC,Lump Sum,Contract,2-JAN-12 19 of 19 10.3.8 The obligations of the CONTRACTOR pursuant to this Paragraph 10.3 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 10.3. All provisions of this Contract that require CONTRACTOR to insure, defend or indemnify OWNER shall survive any termination,expiration or completion of this Contract. 10.4 PERFORMANCE AND PAYMENT BONDS 10.4.1 Within ten (10) days after the Commencement Date, if requested by OWNER, CONTRACTOR, at its sole cost and expense, shall deliver to OWNER and such other parties OWNER may designate from time to time, both a payment bond and a performance bond, both issued in the full amount of the Contract Sum (along with copies of the paid premium receipts)(the "Bonds"). The Bonds shall be issued by a surety company reasonably satisfactory to OWNER and any lender it may identify to CONTRACTOR (the "Lender'). The Bonds name OWNER and its Lender, if so identified by OWNER, as the Obligee(s) on the Bonds and the Bonds shall guaranty the prompt payment of all amounts to be paid by CONTRACTOR for labor and materials and the due and prompt performance of all of the terms of this Contract. Notwithstanding the foregoing, OWNER may provide CONTRACTOR with written direction expressly waiving CONTRACTOR's obligation to obtain the foregoing Bonds. 10.4.2 If CONTRACTOR fails to furnish the Bonds as set forth in Paragraph 10.4.1, OWNER will have the right, but not the obligation, of securing such Bonds and deducting the cost of the Bonds from the Contract Sum. In such case, CONTRACTOR shall execute such applications and undertakings as shall be required by OWNER to obtain and maintain the Bonds. 10.4.3 Each surety providing a Bond must have a Best's rating not less than B/XII and be licensed in the state where the Work is to be performed. The Bonds shall be drafted in accordance with the most recent version of AIA Document A-311, modified to conform in every material respect to CONTRACTOR's obligations under the Contract. The Bonds must display the Surety's bond number. 10.4.4 The following language shall be included within the terms of the Bonds: Surety hereby consents to and waives notice of any addition, alteration, omission, change or other modification of the Contract Documents as defined in the agreement entered into by the Obligor for the performance of construction services, the value of which, singularly or in the aggregate, do not exceed fifteen percent(15%)of the Contract Sum. With the exception of the foregoing, any addition, alteration, change, extension of time, or other modification of the Contract Documents, or any forbearance on the part of either OWNER or CONTRACTOR to enforce its rights under the Contract which is the subject matter of the bond(s) shall not release Surety of its obligations, thereunder and notice to Surety of all such matters is hereby waived. ARTICLE 11 TERMINATION 11.1 TERMINATION BY CONTRACTOR 11.1.1 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. Mid-range,GC,Lump Sum,Contract,2-JAN-12 20 of 20 11.1.2 If for the reasons set forth in Paragraph 11.1.1, 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. 11.1.3 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 adjustment may be made in the Contract Sum and the Construction Schedule. 11.2 TERMINATION BY OWNER FOR CAUSE 11.2.1 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 in accordance with the respective agreements between CONTRACTOR and the Subcontractors; iii) Disregards any Laws;or iv)Otherwise has materially breached a provision of this Contract. 11.2.2 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. 11.2.3 When OWNER terminates the Contract for one of the reasons stated in Paragraph 11.2, CONTRACTOR shall not be entitled to receive further payment until the Work is complete. 11.2.4 If OWNER's termination of CONTRACTOR pursuant this Paragraph 11.2 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 11.3 hereof. i 11.3 TERMINATION BY OWNER FOR CONVENIENCE 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 outstanding orders or subcontracts to OWNER or its designee. CONTRACTOR shall transfer title and deliver to OWNER such completed or partially completed Work and materials, equipment, parts, fixtures, information and Contract rights as CONTRACTOR has. Upon termination pursuant to this Paragraph, CONTRACTOR shall be entitled to payment for that Work 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. 11.4 OWNER'S RIGHT TO SUSPEND CONTRACTOR'S PERFORMANCE AND PERFORM WORK 11.4.1 OWNER will have the right at any time to direct CONTRACTOR to 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. ARTICLE 12 CLAIMS AND DISPUTES l f Mid-range,GC,Lump Sum,Contract,2-JAN-12 21 of 21 a 12.1 Definition. A Claim is a demand or assertion by one of the parties seeking, as a matter of right, adjustment or interpretation of the terms of the Contract, payment of money, extension of time or other relief with respect to the terms of the Contract. 12.2 The term"Claim"also includes other disputes and matters in question between the OWNER and the CONTRACTOR arising out of or relating to the Contract. Claims must be initiated by written notice. 12.3 The OWNER shall be the initial interpreter of the requirements of the Contract Documents and judge of the acceptability of the Work thereunder. Claims as to the performance and finishing of the Work, in respect to extras or changes in the Contract Sum,the amount of payment due the CONTRACTOR, or modifications of the Construction Schedule will be initially made by the OWNER. 12.4 Prior to the CONTRACTOR's exercise of any other remedy that may be available under the Contract, the Contract Documents or by law, the CONTRACTOR shall submit all Claims to the OWNER for decision in writing within 7 days after the event giving rise to any such dispute occurs or commences. The CONTRACTOR's failure to submit all claims, disputes and other matters to the OWNER in accordance with this Paragraph shall result in the CONTRACTOR fully and conclusively waiving the right to any remedy that may be available under the Contract, Contract Documents, by law or by regulation. 12.5 If the OWNER's decision on any claim, dispute or other matter shall be adverse to the CONTRACTOR, or if the OWNER makes no decision for 60 days from the CONTRACTOR's submission,the CONTRACTOR shall initiate, and the OWNER shall, at its sole discretion, participate in, a mediation with a mediator mutually selected by the parties. Only upon the conclusion of such mediation, or after notice from the OWNER to the CONTRACTOR of the OWNER's election not to participate in such mediation, shall the CONTRACTOR have any right, remedy or redress by action in court or otherwise, and the CONTRACTOR's obligations under this Paragraph 12.5 shall be a condition precedent to any action in court or otherwise. 12.6 The OWNER shall not be required to initiate any mediation of claims or demands it may have against the CONTRACTOR. However, if the OWNER, in its sole discretion, intends to meditate such a claim or demand, the CONTRACTOR shall participate in such mediation and the mediator shall be mutually selected by the parties. The OWNER may abandon such mediation at any time. The OWNER may seek the adjudication in court of any of its rights or remedies against the CONTRACTOR at any time without any condition precedent. 12.7 MEDIATION PROCEDURES 12.7.1 In the event that claims, disputes and other matters in question between the OWNER and the CONTRACTOR are to be subjected to mediation, the mediation shall, unless the parties mutually agree otherwise, be in accordance with Construction Industry Mediation Rules of the American Arbitration Association. The request may be made concurrently with the institution of legal or equitable proceedings, but in such event, mediation shall proceed in advance of legal or equitable proceedings,which shall be stayed pending mediation for a period of 60 days from the date of filing, unless stayed for a longer period by agreement of the parties or court order. 12.7.2 The parties shall share the mediator's fee and any filing fees equally. The mediation shall be held in the place where the Project is located, unless another location is mutually agreed upon. Agreements reached in mediation shall be enforceable as settlement agreements in any court having jurisdiction thereof. ARTICLE 13 MISCELLANEOUS PROVISIONS 13.1 If reasonable precautions will be inadequate to prevent foreseeable bodily injury or death to persons resulting from a material or substance, including but not limited to asbestos or polychlorinated biphenyl (PCB), encountered cn the Site by CONTRACTOR, CONTRACTOR shall, upon recognizing the condition, immediately stop work in the affected area and report the condition to OWNER in Mid-range,GC,Lump Sum,Contract,2-JAN-12 22 of 22 a writing. When the material or substance has been rendered harmless,work in the affected area shall resume upon written agreement of OWNER and CONTRACTOR. The applicable time periods within the Construction Schedule shall be extended appropriately and the Contract Sum shall be increased in the amount of CONTRACTOR's reasonable additional costs of shutdown, delay and start-up, which adjustments shall be accomplished by Change Order. 13.2 CONTRACTOR shall only bring claims against OWNER and 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. 13.3 No act or failure to act to exercise the rights enjoyed by OWNER to demand the obligations owed to OWNER by CONTRACTOR shall constitute a waiver of any right enjoyed or obligation owed. 13.4 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. 13.5 Jurisdiction/Governing Law. 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 agreesrees that any and all disputes arising out of or relating to Contract or the performance of it by either party shall be adjudicated solely by and be governed by the laws of the State of Colorado without regard to conflicts of law analysis. EACH PARTY HEREBY WAIVES AND RELEASES ITS RIGHT TO CLAIM A TRIAL BY JURY WITH RESPECT TO ANY ACTION BY OR AGAINST THE OTHER PARTY ARISING HEREUNDER. The CONTRACTOR shall include a similar provision in each of its subcontract agreements requiring the Subcontractor to waive its right to claim a trial by jury. 13.6 CONTRACTOR agrees to abide by the requirements of the Fair Housing Amendments Act of 1988 and will not engage in any discriminatory practices, any discriminatory language or any act that may be deemed discriminatory by Fair Housing Law. 13.7 CONTRACTOR agrees to abide by the Department of Transportation ("DOT") regulations (Part 382 of Title 49 of the Code of Federal Regulations), if applicable. 13.8 CONTRACTOR hereby represents and warrants to OWNER that all services and Work performed, and all materials provided, by, through, or under supplier pursuant to or in connection with this Contract will be so performed or provided, and will be, in full compliance with (i)all federal, state, and local laws, rules, and regulations relating to the protection of the environment, pollution, and the generation, transportation, storage, and disposal of hazardous materials and substances, (ii) all federal, state, and local laws, rules, and regulations relating to the accessibility by and accommodation of handicapped persons, including,without limitation,the Americans With Disabilities Act, (iii) all federal, state, and local laws, rules, and regulations relating to discrimination of any type or manner, and (iv) all federal, state, and local laws, rules, and regulations relating to the protection of employee health&safety, including,without limitation, the Occupational Safety and Health Act(29 CFR). 13.9 Pressure Treated Lumber. In performing the Work of this Contract, CONTRACTOR shall not use, or bring on to the Site, any pressure-treated lumber, or similar building material that has been treated Mid-range,GC,Lump Sum,Contract,2-JAN-12 23 of 23 t with toxic or hazardous substances, without first obtaining the prior written approval of OWNER. CONTRACTOR shall immediately notify and bring to the attention of OWNER those portions of the Contract Documents that require the use of, or reference, pressure-treated lumber, including, but not limited to,the Specifications and Drawings. 13.10 In the event any provision of this Contract is held to be invalid and unenforceable, the remaining provisions shall remain valid and binding upon the parties. 13.11 Notice required under this Contract shall be in writing and sent by:personal delivery, commercial overnight courier (e.g., Federal Express), certified mail postage prepaid return receipt requested, or e-mail (except that e-mail shall not be an acceptable or valid form of notice hereunder in those instances or circumstances involving a material right or obligation under the Contract, including an event of default, termination, suspension, any claims or disputes) to the parties and the addresses set forth below: i) If to OWNER, to the individual who signed this Contract on behalf of OWNER c/o AIMCO 4582 South Ulster Street Parkway, Suite 1100, Denver, Colorado 80237, with copies to: (a) OWNER's Representative at the address set forth in Paragraph 5.6 above; (b) Lisa Cohn, Esq., General Counsel, c/o AIMCO 4582 South Ulster Street Parkway, Suite 1100, Denver, Colorado 80237 (e- mail: lisa.cohn@aimco.com); and (c) Ken Diamond, Esq., Senior Counsel, c/o AIMCO 4582 South Ulster Street Parkway, Suite 1100, Denver, Colorado 80237(e-mail: ken.diamond@aimco.com). ii) If to CONTRACTOR,to CONTRACTOR's Representative at CONTRACTOR's address as set forth herein. iii) Notices shall be deemed to have been effectively given: (a) on the date of actual receipt by the party to whom the notice was addressed if by personal service, (b) the first (1st) business day after delivery by overnight, (c) the first (1st) business day after delivery by e-mail or (d) on the third (3rd) business day 9 after mailing. 13.12 OWNER and CONTRACTOR each represent that they are sophisticated businesses, that this Contract has been entered into with full knowledge and acceptance of each parties rights and obligations hereunder, and that each party had the opportunity to ate in the draftingof this participate P Contract. Therefore, in the event of any ambiguity in the language contained ned in this Contract, neither OWNER nor CONTRACTOR shall raise, by way of defense or otherwise, any rule of contract construction which seeks to construe any term or provision of this Contract against the drafter. 13.13 This Contract shall be binding upon the parties and their respective successors, assigns and personal representatives. CONTRACTOR shall not assign or transfer this Contract or any part hereof without OWNER's prior written consent. Such consent shall not be unreasonably withheld. Nothing in this Contract shall limit OWNER's right to freely assign or delegate any rights or obligations under this Contract to any corporation, partnership or other legal entity or individual. 13.14 CONTRACTOR is prohibited from providing gifts or other things of value worth more than $25 to OWNER or OWNER's employees, agents or contractors. CONTRACTOR's violation of this prohibition shall constitute grounds for immediate termination of this Contract pursuant to the default provisions of this Contract. 13.15 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. In the event that CONTRACTOR disputes any audit conducted by OWNER, then the matter shall be submitted to arbitration before a nationally recognized certified independent public accounting firm (the"CPA") in Denver, Colorado,that has not been affiliated with or done work for CONTRACTOR or OWNER or their respective affiliates for the preceding two years. If the parties are unable to agree on an accounting firm, then the American Arbitration Association located in Denver, Colorado shall select the same. The results of such CPA shall be final, binding among the parties and enforceable in any court of competent jurisdiction. Mid-range,GC,Lump Sum,Contract,2-JAN-12 24 of 24 i 13.16 No provision of this Contract shall be deemed to have been waived, except if such waiver is contained in a written instrument executed by the party against whom such waiver is to be enforced. No waiver by a party of any term or condition of this Contract shall constitute a waiver by such party of any prior, concurrent or subsequent breach or default of the same or any other term or condition of this Contract. 13.17 CONTRACTOR waives and releases all claims for or right to any consequential, incidental, exemplary, punitive or special damages. CONTRACTOR's subcontracts shall contain identical waivers and releases by the Subcontractors in favor of CONTRACTOR and OWNER. 13.18 The provisions of this Contract, which by their reasonable terms are intended to survive termination of this Contract, shall survive termination. 13.19 CONTRACTOR shall not cause, or permit to be caused by CONTRACTOR or any of its employees, agents or contractors, any Hazardous Materials (as defined below)to be transported to, or dumped, spilled, released, stored, or deposited on, over or beneath any property owned by OWNER. "Hazardous Materials" means substances, materials or waste the generation, handling, storage, treatment or disposal of which is regulated by any local or state government authority or laws, as a "hazardous waste,""hazardous material,"or"hazardous substance,"and including,without limitation, those designated as a"hazardous substance" under Section 311 or listed pursuant to Section 307 of the Clean Water Act (33 U.S.C. Secs. 1321, 1317), defined as a "hazardous waste" under Section 1004 of the Resource Conservation and Recovery Act (42 U.S.C. Sec. 6903), or defined as a "hazardous substance" under Section 101 of the Comprehensive Environmental Response, Compensation, and Liability Act (42 U.S.C. Sec. 9601), and, including, without limitation, petroleum products and byproducts, PCBs and asbestos. 13.20 This Contract may be executed in several counterparts, and each counterpart shall constitute one Contract binding on all parties hereto, notwithstanding that all of the parties are not signatory to an original or same counterpart. This Contract may be executed by facsimile signature. 13.21 The section headings herein are inserted only for convenience and reference and shall in no way define, limit, or prescribe the scope or intent of any provisions of this Contract. 13.22 When the context in which words are used herein indicates that such is the intent, words in the singular number shall include the plural and vice versa. All pronouns and any variations thereof shall be deemed to refer to all genders. 13.23 Each person executing this Contract represents and warrants that it is duly authorized to execute this Contract by the party on whose behalf it is so executing. 13.24 As used in this section, the defined term "OWNER" shall expressly include OWNER and all of its affiliates and subsidiaries. CONTRACTOR acknowledges that, in performing the work hereunder, CONTRACTOR may learn, acquire, gather or develop secret and confidential information and data concerning OWNER or the tenants of OWNER, business, plans, programs, employees and operations of, or belonging to OWNER, and/or other companies with whom OWNER has a business relationship, and additional information and data will be made available to CONTRACTOR or be developed or acquired by CONTRACTOR as a result of the services to OWNER under this Contract. In this regard, CONTRACTOR acknowledges that OWNER is in the business of owning, operating, managing, selling or acquiring properties and that information and data related thereto is protected hereby. CONTRACTOR represents and warrants that it shall treat all such information and data as OWNER's confidential property and not divulge it to others at any time nor use it for any purpose, except on behalf of OWNER, without the prior written consent of OWNER. This obligation to keep such information and data confidential shall continue beyond and after the termination of this Contract. At the completion or termination of this Contract or at any time OWNER so requests, CONTRACTOR shall deliver to OWNER all notes, memoranda, records, drawings, drafts or other documents (including without limitation, all copies and reproductions thereof)and other information or material resulting from or in connection with the work that are confidential in nature and cannot be Mid-range,GC,Lump Sum,Contract,2-JAN-12 25 of 25 obtained in the public domain or by an onsite visit to the property which may come into CONTRACTOR's possession or custody. CONTRACTOR shall include a similar provision in any contract with a Subcontractor hereby. 13.25 Although CONTRACTOR and its contractors, subcontractors, consultants and vendors may employ relatives of employees of the OWNER, its affiliates, parent and subsidiary entities, including, without limitation,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 (the "AIMCO Employees"), CONTRACTOR shall immediately so inform OWNER of such employment as soon as known; or discovered. OWNER reserves the right to require that CONTRACTOR and/or its contractors, subcontractors, consultants, and any vendors modify work assignments of the AIMCO Employee's relative where a conflict of interest, of the appearance thereof, is deemed by OWNER to exist. CONTRACTOR shall include this provision in its subcontract and material supply agreements. 13.26 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, 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). 13.27 CONTRACTOR shall not publicize, publish or otherwise use the name of OWNER, AIMCO or any of their affiliates in any advertising, customer list or similar document, or otherwise disclose the contractual relationship with OWNER, AIMCO, or their affiliates, without the prior written approval of AIMCO,which may be given or withheld in AIMCO's sole discretion. This Contract entered into as of the day and year first written above. OWNER:AIMCO NORTH ANDOVER, L.L.C. CONTRACTOR: Cornerstone Land Consultants By: ORGAN,TONY, solely as authorized representative for OWNER r Authorized Signature: Authorized Signature: Print Name: Tony OrganPrint Name: ack Visniewski Vice President of Treasurer Print Title: Construction Services Print Title: Mid-range,GC,Lump Sum,Contract,2-JAN-12 26 of 26 I EXHIBIT"A" SCOPE OF WORK For Contract: 15646-0000419087-CP-00003 CONTRACTOR shall perform the following Work in strict accordance with the terms of the Contract: 1.0 WORK SYNOPSIS Foundation Waterproofing and Drainage at 35, 37, 39,and 40 2.0 SCOPE OF WORK Construction Requirements: The work of the CONTRACTOR and their employees shall be performed in a good and workmanlike manner. Workmanlike quality is defined as workmanship that meets or betters those criteria indicated in applicable building codes, using materials and installation methods identified in the construction plans and this Scope of Work. Code Requirements: All jobs shall conform to those standards stipulated in the building code, health code, mechanical code, plumbing code, and electrical code applicable in the local jurisdiction.All construction on the OWNER'S properties shall meet or exceed NAHB Performance and Building Standards. CONTRACTOR is responsible for acquiring any and all needed permits/certificates for the work and any associated costs. Safety: CONTRACTOR agrees to comply with OSHA and/or any other governmental agency's safety rules and regulations. Should any citations, fines, and/or penalties,etc., be incurred by the OWNER due to the negligence of the CONTRACTOR, the CONTRACTOR agrees to indemnify the OWNER for any and all penalties, fines, etc., incurred. CONTRACTOR shall perform the following Work in strict accordance with the terms of the Contract: Location: Royal Crest Estates(North Andover), North Andover, MA.; Buildings 35, 37, 39, and 40 Turnkey Job: The CONTRACTOR will furnish all equipment, supervision, material and labor necessary to deliver a finished project/product which completes the scope of work and successfully addresses the projects intentions. Intent: Protect the foundation walls of the structures on site to alleviate water infiltration concerns and improve and promote drainage of site run-off and ground water away from foundations via below grade drain piping and return the site to conditions that meet or exceed the Owners quality standards and maintain or increase building curb appeal. Scope of Work: Adhere to specifications, details,and drawings provided by Civil Engineer,including by not limited to the following scope: 1. Obtain and pay for all necessary Permits and approvals from Local Jurisdiction Having Authority. 2. Perform all associated drainage/foundation waterproofing system improvements per engineering drawings/specifications. 3. Excavate around specified buildings in order to expose below grade foundations and footings as necessary to facilitate drainage and waterproofing work. General Construction Contract Exhibits A,B,C,D and E,2-JAN-12 1 of 1 S 4. Disposal of any and all unsuitable fill from site. 5. Implement storm water prevention measures per engineer specifications and EPA/Conservation requirements. 6. Repair existing building foundations(ie. cracks, pits,form tie removal, and chips)as specified. 7. Application of new foundation waterproofing system, including but not limited to membrane, cant strips, joint patching, protective drainage mat,termination strips and pins, and sealants. 8. Install new foundation,curtain, and downspout leader drainage piping per engineering drawings/specifications. Downspout leader pipe shall be capped at grade, not tied to gutter system. 9. Install necessary drainage cleanouts and catch basins/drainage structures as required. 10. Tie new building drainage systems into site drainage systems per the specifications. 11. Provide site documentation as required by engineer and Owner. Including, but not limited to digital photographs,work logs,as-built conditions, etc. 12. Installation of new clean backfill as necessary. 13. Removal and replacement/replanting of existing shrubbery within excavation area per landscaping plan (approx. 18-22 plantings per building). 14. Installation of new landscaping stone per landscaping plan, approximately 3-6 inches thick(to match existing landscape stone in size and color). 15. Repair any and all damage to surrounding landscape area, including any and all necessary fine grading, loam,top soil,seeding,etc and landscape watering and fertilizing during first three weeks following repairs. i (including repairing any building or property yd damage due to work performed) 16. Removal and replacement of existing concrete walkways, stairs, and stair foundations as necessary to facilitate the installation of the new waterproofing/drainage systems. 17. Video scope existing drain lines as required and noted by engineer to ensure their suitability for use in the designed system. Lines that are display conditions that will immediately negatively affect the intent of this project must be brought to the attention of the OWNER and Engineer upon discovery. Video to be provided to Engineer and Owner. 18. Verify that all new systems adhere to engineers specifications and any variances are discussed prior to implementations. 19. Provide all necessary temporary barriers and signage. Contractor must ensure work areas prohibit access by non-essential parties,work areas remain safe for workers and passersby, and that buildings maintain all necessary emergency egress during construction and overnight with safe access. Two means of safe, slip resistant, and sound egress shall be provided at end of work day. 20. Provide temporary utilities(ie. Power)and facilities (ie. Portable restroom)as needed to complete the work, placed and located in agreement with Owner requirements is pre-determined locations. 21. Provide a written schedule for the project for review and approval by the Owners Rep prior to commencement of any work. 22. Provide MSDS documentation for all products to be used prior to commencement. 23. Provide a minimum 1 year workmanship warranty effective starting from the date of final acceptance by OWNER and all manufacturer warranties. 24. Compile and provide all original Manufacturer Warranties & Manuals into both a hard copy as well as a digital copy of an O&M Binder inclusive of all applicable products/systems utilized during the project contained within this scope of work. I 25. Attend a mandatory pre-construction meeting on site with OWNER and site personnel prepared to discuss scheduling,staging, and other site specific requirements prior to commencing any work. 26. Attend weekly project meetings scheduled by the OWNER with all involved project stakeholders. l 27. Adhere to Jackie's Law(trench permit)as required. General Construction Contract Exhibits A,B,C,D and E,2-JAN-12 2 of 2 28. Contractor must file NPDES construction general permit with town (Aimco, has already filed for themselves) and cover any and all associated fees 29. Landscape plantings will need to be 10gal or larger, mature and full growth (use typical landscape plan provided as a guideline). 30. Parge foundation area from 6"below grade up to brick sill 31. Contractors can wash and reuse lavender stone at their option, however you may need additional stone to achieve landscape pattern outlined 32. Replace walkway pads (approximately 2 panels) at base of stairs, as well as installing new foundation pad with footings at stair locations 33. Contractor shall fully document existing walkway cracks, and interior building conditions at subject buildings prior to commencing work(ie. Photographs presented prior to commencement of work). The Contractor shall request access with a minimum of 48 hours advanced notice and must provide resulting documentation to OWNER prior to commencement at the subject building. 34. Replace all existing stairs/bulkheads with pre-cast(new pre-cast stairs already on site should be moved and reinstalled after work completion 35. Remove and replace existing railings at stairs and walkways as needed. New custom railings shall match new style railings found at any of the following buildings (8, 10, 11, 20, 21, 22, 25, 29, 31, 38, 48) and shall comply with building code/local code. 36. Adhere to specific construction requirements associated with town issued Order of Conditions. 37. Contact DIG-SAFE and any other third party locating services necessary to properly mark utilities on site in work area. [Caution: Unmarked and irrigation lines may be in close proximity to curbing] Inspection Reports: 1. The CONTRACTOR and the OWNER must walk the job together and complete the pre-work section of the inspection report(s)before work may begin.The pre-work section of the inspection report(s)must be signed-off by both parties. 2. The CONTRACTOR and the OWNER shall walk the job together and complete each section of the inspection report(s). 3. The CONTRACTOR and the OWNER must sign-off on all sections of the inspection report(s) attesting that the job is 100-percent complete and is correct per the job requirements found in this Scope of Work. The final section of the inspection report(s)must be completed and signed-off on by both parties. 4. The CONTRACTOR must correct any deficiency found during the inspections and the job must be 100- percent complete before payment will be made. Project Requirements: 1. GENERAL PROVISIONS: a. Contractor will comply with requirements of local, state,federal laws, and regulations governing construction, permits, and industry standards including but not limited to the following: i. Uniform Building Codes, including any and all local requirements for permits and inspections ii. Health and safety regulations iii. Environmental protection regulations iv. Health Department regulations v. Fire Marshall requirements b. Contractor must submit Material Safety Data Sheets of all hazardous chemicals that they will be using,at or in possession of,while on the property before material delivery or work. c. All necessary precautions will be taken by contractor to protect property. d. Contractor shall not use on site trash receptacles for disposing of any materials and will be responsible for providing trash containers at the project site or hauling away their trash. e. Contractor is responsible to field verify all quantities, dimensions,and layouts. f. Contractor is responsible for temporary utilities,facilities, storage containers and signage as necessary unless otherwise specified. Some site utilities MAY be offered temporarily at the Owners discretion, but may be withdrawn by Owner with minimal advanced notice. General Construction Contract Exhibits A,B,C.D and E,2-JAN-12 3 of 3 g. Provide all materials,tools,equipment and labor, in appropriate quantities,to complete the required work in a workman-like manner to the best of industry standards and Owners standards,following all Manufactures required material installation specifications h. Additional work(if required due to unforeseen conditions) must be brought to the attention of Construction Services and be approved in writing prior to the commencement of additional work outside of this scope. i. Upon passing inspection by Owners Rep(Construction Services Rep),contractor may request payment for work completed by submitting an invoice accompanied by a waiver of lien identifying the same dollar amount as invoiced and indicating the percent of the contract amount that is due and payable. 2. SCHEDULE a. Contractor will coordinate in advance of work with the Community Manager the schedule of work so that residents may receive advance notice, move-ins/outs may be considered, vehicle parking adjustments may be made, etc. The Community Manager has the final decision in scheduling the work. b. Daily work may not commence prior to 8:00 a.m. nor go beyond 5:00 p.m without prior approval from an Owner authorized representative. c. Weekend and holiday work is not normally authorized d. Contractor also agrees to coordinate their schedule with other vendors and contractors on the property. e. All work must follow Contractor provided schedule,with daily updates through the site management team,with a minimum of 48 hours notice of any changes to schedule. 3. SECURITY,TRAFFIC, PARKED VEHICLES. ETC.: a. Safety"tailgate" meetings will be held at the job site on a routine basis to include reminders of the 9 1 , proper manner to safely work with ladders,electrical cords, etc. b. Notices to residents, other contractors and employees and sprinkler/water control, parked cars and traffic direction/control will be coordinated with the resident manager. c. Job site security and prevention of vandalism are among the included costs to this contract and are the responsibility of the contractor. d. Barrier lighted sawhorses, cones, and tape is to be provided by the contractor. The work areas must be barricaded taped and identified as work areas at all times. e. Contractor is acknowledges that the property is home to our many residents,that there are children about, and that they are all to be treated with safety in mind, care and courtesy. 4. PROTECTION AND CLEAN UP: a. Wherever work is being performed, all walks, steps, floors, surfaces and items shall be carefully protected from damage. All supplies, materials, containers and other items shall be orderly and carefully arranged and protected. b. All accidental spatter and spillage shall be cleaned immediately and the damaged surfaces restored. c. At the completion of the work for this contract, all materials, supplies, debris and rubbish shall be removed and the areas left in a dean,orderly and acceptable condition. d. Contractor to ensure work areas are to be broom swept at the end of each work day. e. Contractor to provide trash containers to be used during the work of this project or haul debris away at the end of each workday. Contractor is not to use property dumpsters for any material related to the work being done. 5. WORKMANSHIP a. The contractor shall be responsible for the protection of all surfaces and objects including the exterior of buildings and grounds as well as adjacent property. b. The contractor shall insure that all materials are applied/replaced with proper compliance with the manufacturer's directions and published specifications. c. All work shall be done under favorable weather conditions and/or under conditions best suited for production of acceptable work. d. Workmanship on this project shall be of the best quality and only skilled mechanics shall be utilized. All work shall be subject to the approval of owner and management entity. The contractor shall correct any work within 48 hours of being notified to do so by owner. e. Contractor is responsible to insure that sprinkler water or any other potentially damaging substance to unfinished work is controlled and/or eliminated to insure proper,quality results. f. All new materials must be installed securely, and show good appearance including, but not limited to being installed straight and true. General Construction Contract Exhibits A,B,C,D and E,2-JAN-12 4 of 4 6. MISCELLANEOUS a. The work area must be swept clean and free of safety hazards at all times. b. All contractor employees must be dressed in proper attire, no shorts(i.e. shirts must be worn) c. No radios are permitted at the work site. d. An English speaking representative of the contractor, familiar with the scope of work, must be on the job site at all times. e. No smoking is permitted at the work site. f. No profanity is permitted at the work site. g. No alcohol is permitted at the work site. h. Hard hats are required at the work site. i. Orange vests are required at the work site. j. Steel toe shoes are required at the work site. k. Contractor certifies that the total cost agreed to including all labor, materials, taxes, insurance, supervision, inspections, permits, etc., as may be necessary to complete the tasks agreed to in this contract. I. Contractor certifies that all applicable labor and material lien releases will be delivered along with the final invoice.All lien waivers must be notarized. 7. TYPICAL WARRANTIES: (Unless otherwise indicated) a. Labor: One Year b. Material: One Year c. Workmanship: Indefinite General Construction Contract Exhibits A,B,C,D and E,2-JAN-12 5 of 5 i t EXHIBIT"B" SPECIFICATIONS AND DRAWINGS For Contract: 15646-0000419087-CP-00003 The Work shall conform to,and be performed, in strict compliance with the Specifications and Drawings identified below: 1.0 SPECIFICATIONS AND DRAWINGS Document Number Title or Description Rev. No. 9268(Sheets 1-3) Foundation Drainage Site Plan BLDG 35 Royal Crest Estates 06/12/2013 9269(Sheets 1-3) Foundation Drainage Site Plan BLDG 37 Royal Crest Estates 06/12/2013 9270(Sheets 1-3) Foundation Drainage Site Plan BLDG 39 Royal Crest Estates 06/12/2013 9271 (Sheets 1-3) Foundation Drainage Site Plan BLDG 40 Royal Crest Estates 06/12/2013 OOC 37 MA-DEP Order of Conditions Building 37 Issued 7/12/13 OOC 40 MA-DEP Order of Conditions Building 40 Issued 7/12/13 9131 Landscape Plan (Typical Building) 05/09/2012 Above Drawings/Specifications as provided by: Cornerstone Land Consultants, Inc. 61 Main St, PO Box 657,- 1794 Bridge St, Unit 17B Pepperell, MA 01863 Dracut, MA 01826 Office: (978)433-8100 Office: (978)455-7960 Unless otherwise noted General Construction Contract Exhibits A,B,C,D and E,2-JAN-12 6 of 6 c ` EXHIBIT"C" QUANTITIES, PRICING AND DATA For Contract: 15646-0000419087-CP-00003 1.0 SCHEDULE OF VALUES Each Application for Payment pay item shall directly relate to the Schedule of Values defined below. Pay items set forth in the Schedule of Values may be revised only by Change Order("CO") in accordance with the terms of the Contract. i Pay Work Description Additional Description Cost Code Amount Item 001 Building 35 Associated 101110 $57,747.50 Waterproofing Work 002 Building 37-Associated 101110 $58,680.00 Waterproofing Work 003 Building 39-Associated 101110 $61,171.00 Waterproofing Work 004 Building 40-Associated 101110 $60,270.00 Waterproofing Work Contract $237,868.50 Sum: 2.0 LIQUIDATED DAMAGES Liquidated damages will be deducted from the total Contract Sum in accordance with the schedule of liquidated damages defined below: Unitof Description Measure Amount Assessed for for the number of days between actual achieved date and Any Milestone Date setforth within the Construction Schedule per da $ 500.00 General Construction Contract Exhibits A,B,C,D and E,2-JAN-12 7 of 7 3.0 UNIT RATE PRICES The pricing of a Change Order may be based on the following Unit Rate Prices. Unit Rate Prices shall include all fees and costs including, but not limited to, labor, material, services,overhead and profit. Pay Unit of Item Unit Rate Description Measure Unit Rate Price Dewatering(per um DY $ 450.00 Concrete Walkway Replacement EA $ 275.00 Excavator and Operator HR $ 140.00 Site Su erintendant HR $ 90.00 General Labor HR $ 50.00 Landscaper HR $ 50.00 lParqing SF $ 3.50 lAsp halt Cut and Patch SF $ 5.00 Com acted 2A Modified Fill CY $ 23.00 3/4"Gravel Fill CY $ 14.00 Ledge Removal HR $ 275.00 Profit Mark-up% LS 9% Overhead Mark-up% LS 9% EXHIBIT"D" CONSTRUCTION SCHEDULE For Contract: 15646-0000419087-CP-00003 CONTRACTOR shall perform the Work of this Contract in strict accordance with the followingConstruction i Schedule, subject to any modifications thereto by Change Order in accordance with the Contract: 1.0 GENERAL CONSTRUCTION SCHEDULE Milestone Dates Milestone Description 9/9/13 Commencement Date for Work at 1 st Building 9/16/13 Commencement Date for Work at 2nd Building 9/23/13 Commencement Date for Work at 3rd Building 9/26/13 Completion of 1st Building 10/4/13 Completion of 2nd Building 9/30/13 Commencement Date for Work at 4th Building 10/11/13 Completion of 3rd Building 10/18/13 Completion of 4th Building 10/25/13 Final Completion and Closeout General Construction Contract Exhibits A,B,C.D and E,2-JAN-12 8 of 8 2.0 CPM SCHEDULE OR BAR CHART CONSTRUCTION SCHEDULE If required by this Contract, or if otherwise requested by OWNER, CONTRACTOR shall prepare a Construction Schedule,for OWNER's review and approval, based on and consistent with the General Construction Schedule identified above and any other OWNER requirements,which schedule shall utilize critical path methodology(CPM) with a computerized data base and production program. Upon OWNER's approval, such Construction Schedule shall be attached to this Exhibit and made a part of the Contract. EXHIBIT"E" FORMS I For Contract: 15646-0000419087-CP-00003 2.0 GENERAL CONTRACTOR shall utilize the forms listed here below and attached hereto as apart of this Exhibit in accordance i with the Contract unless otherwise directed by OWNER in writing: Form Title or Description Rev. No. Application for Payment 1/02/12 Release Document—CONTRACTOR's Waiver of Lien 1/02/12 Release Document—CONTRACTOR's Final Waiver of Lien 1/02/12 Release Document—CONTRACTOR's Affidavit 1/02/12 i General Construction Contract Exhibits A,B,C.D and E,2-JAN-12 9 of 9 NORT#1 7!_(awn of Andoveir O 0 >. No. 9 SAN, h ver, Mass, CONIC Nl ICK y1. AORATiE ICK to S fJ D _ � BOARD OF HEALTH Food/Kitchen Septic System THIS CERTIFIES THAT �. ,eo Alo"ffh BUILDING INSPECTOR ..... .. .......... ....... .................................c.........�................................... Foundation ,. � , .. has permission to erect .......................... buildings on ...................�1�....!.........�5.�..�..........��/ � � L ough.•0� �'a'1/VS l` tobe occupied as ..........................................�u................................................:......................................... mney provided that the person accepting this permit shall in every respect conform to the terms of the application ,nal on file in 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 CONSTRUCTIO ARTS Rough Service .... ....�� .............. .... . � .............................. Final BUILDING INSPECTOR GAS INSPECTOR Occupancy Permit Required to Occupy Building Rough Display in a Conspicuous Place on the Premises - Do Not Remove Final No Lathing or Dry Wall To Be Done FIRE DEPARTMENT Until Inspected and Approved by the Building Inspector. Burner Street No. Smoke Det. SEE REVERSE SIDE NORTH U'Gwn ® E Mr ndoveir No. {c - LAK, h ver, Mass, . �— COCNICNlWIC« ��• A0RATEO ' '�C S U D � BOARD OF HEALTH Food/Kitchen D ID Septic System / BUILDING INSPECTOR THIS CERTIFIES THAT ... ..........��/.�.�..... ... . ��.�'`. t"� /�ffi .�1� . .... .,h. ................. Foundation has permission to erect .......................... buildings on /10 ' .a..1. znn .................. Rough to be occupied as , ... /.' .(....... . . . ......../........ .. . Chimney ' ���/( /G��' t-- �����'✓"�'oo �r`� � sir rn t��i ;60 i�.��t��•�S' provided that the person accepting thisl4rmit shall in every respect conform to the terms of the application anal on file in 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. l PLUMBING INSPECTOR 1 VIOLATION of the Zoning or Building Regulations Voids this Permit. Rough a/ Final PERMIT EXPIRES IN 6 MONTHS ELECTRICAL INSPECTOR UNLESS CONSTRUCTIO ARTS � ) � Rough ( Service .......... ........ .. .. ...................... Final BUILDING INSPECTOR GAS INSPECTOR Occupancy Permit Required to Occupy Building Rough Display in a Conspicuous Place on the Premises — Do Not Remove Final No Lathing or Dry Wall To Be Done FIRE DEPARTMENT Until Inspected and Approved by the Building Inspector. Burner Street No. Smoke Det. ' ' SEE REVERSE SODS NORTJI ndoveir u0wn of O No. - h ver, Mass, A- COCN,c Kl WICK y�• 7d ADRATED Py S U D � . BOARD OF HEALTH Food/Kitchen Septic System THIS CERTIFIES THAT ....... 1 .. ..... ::f�zi?! Jcs.'`.. .:........................................ BUILDING INSPECTOR Foundation has permission to erect ......... buildings o� Rough to be occupied as ............... .... ..��e: .�'....T..�c.'. r`. ?? .':.:.. .` ....................................... Chimne provided that the person accepting this permit shall in every respect conform to the terms of the application on file in this office, and to the provisions of the Codes and By-Laws relating to the Inspection, Alteration and ;nal Construction of Buildings in the Town of North Andover. PLUMBING INSPECTOR Rough VIOLATION of the Zoning or Building Regulations Voids this Permit. Final PERMIT EXPIRES IN 6 MONTHS ELECTRICAL INSPECTOR UNLESS CONSTRUCTION TARTS Rough G Service .......... ................................ Final =, BUILDING INSPECTOR GAS INSPECTOR Occupancy Permit Required to Occupy Building Rough Display in a Conspicuous Place on the Premises - Do Not Remove Final No Lathing or Dry Wall To Be Done FIRE DEPARTMENT Until Inspected and Approved by the Building Inspector. Burner Street No. Smoke Det. l ; SEE REVERSE SIDE NORTH awn of ? E : ndoveir No. {c _ _ — h ;} � 2 h ver, Mass, �• 13 • �� C OC NIC Nt Yv,[K I-1. % gD4A-riE /PP�.�C - S U D . BOARD OF HEALTH DFood/Kitchen r — I Septic System THIS CERTIFIES THAT BUILDING INSPECTOR • �has permission to erect .......................... buildings on .. '. .b9.' .....Lf -T......... Foundation • I - ,/ Rough to be occupied as ...:. .? iv !4;. ?✓�.....y.�'�(1Th... .��. .. ..!`.-�....-�:.....1. .. .�J.�cc '.............. Chimney provided that the person accepting this permit shall in ever�i resp t conform to the terms of the application F on file in this office, and to the provisions of the Codes and By-Laws relating to the Inspection, Alteration and ` d�•� 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 J UNLESS CONSTRUCT RTS Rough Service .................. ........................................................... Final BUILDING INSPECTOR GAS INSPECTOR Occupancy Permit Required to Occupy Building Rough Display in a Conspicuous Place on the Premises - Do Not Remove Final No Lathing or Dry Wall To Be Done FIRE DEPARTMENT Until Inspected and Approved by the Building Inspector. Burner Street No. Smoke Det. SEE REVERSE SODS r a4 k CORNERSTONE handc�nsult�nts, nc. Letter of Transmittal P.O..Box 657 - Pepperell, MA 01463 1794 Bridge St. - Unit 17B - Dracut, MA 01826 Delivered by: ❑ Regular Mail a Hand Delivery ❑ Fax to.: Job No.:2011-244 Page 1 of 1 ❑ Client Pick up ❑ Email to: Dater November 7,2012 To: Gerry Brown, Inspector of Buildings Subject: gid a8 oyl rest Estates tateon Draina e North Andover Building Department 1600 Osgood St. Location : Royal"Crest,Estates North Andover, MA 01845 50 RoyalCrest Drive North Andover, MA 01845 The following items are enclosed: Item ' Ot . Type Description` ID No. Dated Revised` 1 1 Ltr Repair Construction Completion Affidavit 11/05/12 2 1 Plan Bldg 8 Foundation Drainage Plan—Reduced 9088 03/1512 06/15/12 Copy 3 - Photos Bldg 8 Repair Photographs Varies Kenneth Lania, E.I.T. ken@comerstoneland.net CORNERSTONE Land Consultants,Inc. Pepperell, MA • (978) 433-8100 wt%ie.cornerstoneland.net Dracut, MA • (978) 937-2455 x 61 Main St. O .N. STS p 1794 Bridge St. P.O. Box 657 Unit 17B Pepperell, MA 01463and Consultants, Inc. Dracut; MA 01826 Phone: (978)433-8100 Civil Engineering is Land Surveying• Land Planning Phone: (978),455-7960 Fax: (978)433-8125 Fax: (978)433-8125 www.cornerstoneland.net November 5, 2012 Gerald Brown, Inspector of Buildings Town of North Andover Building Department 1600 Osgood Street North Andover, MA 01845 RE: Construction Completion Affidavit Building 8 Foundation Drainage Royal Crest Estates North Andover, MA 01845 Mr. Brown, Accompanying this Construction Completion Affidavit, please find photographs of the installation and backfilling of the foundation and roof drainage repair and installation completed at Building 8 located on the Royal Crest Estates property. Photographs included show the foundation waterproofing system installation, foundation drainage system installation and completed construction. As you are aware, Cornerstone Land Consultants completed a plan entitled "Foundation Drainage Repair Plan Bldg. 8", Dwg No. 9088 dated March 15, 2012 (last revised June 15, 2012) detailing the repair. Based on field inspections conducted during and after the repair, the work completed is in substantial compliance with the plans referenced in this letter and on file with your office. Should you have any questions or rmation on this matter, please don't hesitate to contact us in our Pepperell, office. JOHNA. I °c Sincerely, Z,:;p VISNIEIEWSK► �I8 CIVIL �v�P 1v No.2977 s ! T S! Kenneth . Lania, E.I.T. John ski, P.E. ken@corn erstoneland.net jack@cornerstoneland.net Q§ $ 2 p . BUILDING 6 �e ey!'a' ldl - / o K BUILDING 9 123's 51' Muna:unn s-w '} nn n�w.°.�r e-xoPP ' loon- ame.p. .ss I b cBm Cerma.a.: nwinaonn.c�epbdl w- f sv . 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'fa ��gryrfd a4 :�. •�.w.� '� v °; t E .►'R. �L_ • a- t n�?kken ` rr `ryrNr� �� �Y�.r.,sx e,r ... J��4; 1;}�'�� �� t i',/blal 1p>`�• e '7 py ' •{ � ya .� � � Ihs'�F� � ,� t { �;�„ a .� �s � t�J{��}0 ,����'4���"."�;P ksK�tt!� 'a i af`t 55 r x, �MEW�i9r y a��y ai v� ik �al{ I� ��� i _ i {,�! ��T�•�fa # 4 aN J . ¢ YDS la yy` 1Rlfa�'11 �ri �� a l r�dF�(ia ,.S �• �'- N� f°°, I, M f fl�+I�I�f�I � 1.{ R �a 3,,�tr� � i,�ar / 1 ORNERSTONE �;I�d Consultants, Inc. Letter of Transmittal P.O. Box 657 - Pepperell, MA 01463 1794 Bridge St. Unit 17B - Dracut, MA 01826 Delivered by: ❑ Regular Mail 0 Hand Delivery ❑ Fax to.: Job No.:2011-244 Page 1 of 1 ❑ Client Pick up ❑ Email to: Date: November 7, 2012 To: Gerry Brown, Inspector of Buildings Subject: Royal Crest Estates North Andover Building Department Bldg 10 Foundation Drainage 1600 Osgood St. Location Royal Crest Estates North Andover, MA 01845 50 Royal,Crest Drive North Andover, MA 01845 The following items are enclosed: Item Oty. Type Description ID No. Dated Revised 1 1 Ltr Repair Construction Completion Affidavit 11/05/12 2 1 Plan Bldg 10 Foundation Drainage Plan—Reduced 9089 03/1512 06/15/12 Copy 3 - Photos Bldg 10 Repair Photographs Varies Kenneth Lania, E.I.T. ken@comerstoneland.net CORNERSTONE Land Consultants,Inc. Pepperell, MA • (978) 433-8100 Wx"vxornersto.neland.net Dracut, MA • (978) 937-2455 61 Main St. XCORNERSTONE 1794 Bridge St. P.O. Box 657 �a Inc. Unit 17B Pepperell; MA 01463 Land Consultants, cDracut, MA 01826 Phone: (978) 433-8100 Civil Engineering •Land Surveying• Land Planning Phone: (978)455-7960 Fax: (978)433-8125 Fax: (978)433-8125 www.cornerstoneland.net November 5, 2012 Gerald Brown, Inspector of Buildings Town of North Andover Building Department 1600 Osgood Street North Andover, MA 01845 RE: Construction Completion Affidavit Building 10 Foundation Drainage Royal Crest Estates North Andover, MA 01845 Mr. Brown, Accompanying 1h is Construction Completion Affidavit, please find photographs of the foundation drainage construction at Building 10 located on the Royal Crest Estates property. Photographs included show the foundation waterproofing system installation, foundation drainage system installation and completed construction. As you are aware, Cornerstone Land Consultants completed a plan entitled "Foundation Drainage—Site Plan Bldg. 10", Dwg No. 9089 dated March 15, 2012 (last revised June 15, 2012) detailing the repair. Based on field inspections conducted during and after the repair, the work completed is in substantial compliance with the plans referenced in this letter and on file with your office. Should you have any Ions or require additiona mation on this matter, please don't hesitate to contact us in our Pe erell, MA office. OF Mk SS aF JOHN �o A s Sincerely, ;. VISNIEWSKI �! CIVIL No.29775 c AL Kenn th M. Lania, E.I.T. John A. isniewski, P.E. ken@cornerstoneland.net jack@cornerstoneland.net e� � so r, �g o �°aa ares XOPP i E _ t BUILDING 10 123'x51' --- Q•b� ^R� ID tEST NT asiz LOCUS SITE PLAN LEGEND i EwmXo PxorosEo w N � w OW H i Q O.H.—T.JEL.—UE a N r ,•CL .` —O—O—O— iX VX nQI N w CC S SEvhX U- � > UTILITY e P l y GTCXx1X f-tn 0 O Ix 0 SEwEX—Z. Z Z Site Plan EUEC MI p o SCALE:I in. 20 ft. rr ry X m L �ll,I�r 11 n. r �!' iLi ♦ `h' _ Elro �y a� 7�,- � P rurvo rXEcrroX vroE rsreM � Job No'2017-244 owmavaocaX E.uup opo.. TEz Sheel No:t o!3 wE Drawing No. 9089 � k''`'k w 'M 1„aa4�st?k'�i, Pl.fr/�.,,%r t I .1 •�, i 1 .� � � 1 � ( tysf 3A.,hr 'S. , fi' � f_t 1,Y SM•�.�Aa}'j�j`�?tl i" i+� �'�C.fy� e�,+�.�i`r� �'� I , 1 r� x.f�,y��°%��\,yk' y�, • Ir�T i� l •'{ �' 1`41 I I f��� I r.i ,. MrA Ilk ♦.. A./.Y•a j r��P YID-6t FAI f' i %i I. 4 h r yit• �J`� �"at 1� f G � e S�l r t i I vvp'�j�1 `•,p 6 q ftj�.�j pt /,1 F" � ,Jf � '.� � '/Mf r: 1 k 1 I 1 � I« �a 1 1 S ',Jnl if i. 14 , 4 1p � � NC,� �'"�■ l� �,. N�i�t�, +� ° � t I 1 r, 1 � +t !' f �., S\ 1.,t. /c't4�y�� t'^��� .�4s Fp4� _ ■ a'' a ��' �1' r �`+ Mt- NMI l+ 1 ` 1\•.M1.k ` p �Y m> -• ih ",fi q $ .bVa1sP"..,WS''nC4 r �':7"• `� ! 'a .v K � _ y ` .,; a f�^'e �, ti=t '�' - F d � gy, all . C ,�,��{� ��j G. 3! y � 8 t r fi bxai�a✓'y�'��.+ r i Y U 0 1 a ORNERSTONE hand Consultants, 111'e. Letter of Transmittal P.O. Box 657 - Pepperell, MA 01463 1794 Bridge St. - Unit 17B - Dracut, MA 01826 Delivered by: ❑ Regular Mail 0 Hand Delivery ❑ Fax to.: Job No.:2011-244 Pag6 1 of 1 ❑ Client Pick up ❑ Email to: . Date: November 7, 2012 To: Gerry Brown, Inspector of Buildings Subject: Royal Crest Estates North Andover Building Department Bldg 11 Foundation Drainage 1600 Osgood St. Location : Royal Crest Estates North Andover, MA 01845 50 Royal Crest Drive North Andover, MA 01845 The following items are enclosed: Item I Ot . Type -Description ID No. Dated Revised 1 1 qtr Repair Construction Completion Affidavit 11/05/12 2 1 Plan Bldg 11 Foundation Drainage Plan—Reduced 9090 03/1512 06/15/12 Copy 3 1 - J Photos Bldg 11 Repair Photographs Varies Kenneth Lania, E.I.T. ken @ cornerstoneland.net CORNERSTONE Land Consultants,Inc. Pepperell, MA • (978) 433-8100 Nvxv -.cornerstoneland.net Dracut, MA • (978) 937-2455 61 Main St. CORNERSTONE 1794 Bridge St. P;O. Box 657 t Unit 17B Pepperell, MA 01463 and Consultants, Inc. Dracut; MA 01826 Phone: (978) 433-8100 Civil Engineering•Land Surveying• Land Planning Phone: (978)455-7960 Fax: (978)433-8125 �� Fax: (978)433-8125 www.cornerstoneland.net November 5, 2012 Gerald Brown, Inspector of.Buildings Town of North Andover Building Department 1600 Osgood Street North Andover, MA 01845 RE: Construction Completion Affidavit Building 11 Foundation Drainage Royal Crest Estates North Andover, MA 01845 Mr. Brown, Accompanying this Construction Completion Affidavit, please find photographs of the installation and backfilling of the foundation and roof drainage repair and installation completed at Building 11 located on the Royal Crest Estates property. Photographs included show the foundation waterproofing system installation, foundation drainage installation and completed construction. As you are aware, Cornerstone Land Consultants completed a plan entitled "Foundation Drainage Repair Plan Bldg. 11", Dwg No. 9090 dated March 15, 2012 (last revised June 15, 2012) detailing the repair. Based on field inspections conducted during and after the repair, the work completed is in substantial compliance with the plans referenced in this letter and on file with your office. Should you have any questions or require additional information on this matter, please don't hesitate to contact us in our Pepperell, MA office. rP�Itj OF +14ss a� JOHN qCy p� A. Sincerely, . vISNIEWSKI CIVIL m No.29775 Kenneth . Lania, E.I.T. John A. Misr iews I, P.E. ken @comerstoneland.net jack@cornerstoneland.net P� ¢g� 9C pppy f�v �S gg e 5� 3 3 / -O Z F ^R wwn .Fr -✓u..` CFS .�.,F Ym� i 0.01 [ BUILDING 11 - u 123'.51' 3z el=:u u R� s gra & o ..., Na •;> o s a 53 z LOCUS SITE PLAN LEGEND 111 N Exisrixo Eo UE W H Fa— Z ti W >Q C W _ a—o o— oa..xLxE p In � u, 1 C1�.j. O unun E Z U -CT ®ea Cl-a.s,x a . z Site Plan o 0 SCALE:I in.=20 ft. err oe Dessau.• oa LE m 7� -:t.�r r� �')� r ;1 •�'1 '�� 1C SCALE IN W oxwn aaa x�wF E n iEx iscour `fes y� E<xmw v.epmaa Shoel No.:1 of 3 weiuxo Drawm6 No. - 9090 n as d 9 . q r Pte• c 3 I ', ' A ®.a Q, '��.syn..�r� � I��� a � 4k i 41, Its co •, � � � �n�,�. -ter ,®_, am"-aa rA 'fit^ '���� - � , •,� :'yd d � n r v :.• e � $cam.®� ^ ,a � _ s a S T Vt Post-Construction Photos l ' J ggw u _ M � a 3i `" �• ..,»:`� � � .awl � da ••�- t Y. f; Y 4 3: r v r � e - got � ;�} t4FFFF� � y x w•.,;r �� '`a ...�. A' � ! �{r�. � ;i {++Ie c � �('t��� ,;� �{{ T� Mh .31 b x "r a,n � $�I'�F ,� vS�,�Y *}� �E. � y�Y„� �g� �� � I�•_._. � }, �Q fy a' I� � `y-; 1 '. O .'� !$, ae i`� ,..�k :•fir 14�.�� 5 4 ..Prr� 0 ,.,' n �:'� t, M " ,a ej s ! ORNERSTONE Lind Consultants, InG. Letter of Transmittal P.O. Box 657 - Pepperell, MA 01463 1794 Bridge St. - Unit 17B - Dracut, MA 01826 Delivered by: ❑ Regular Mail Q Hand Delivery ❑ Fax to.: Job No.:2011-244 Page 1 of 1 ❑ Client Pick up ❑ Email to: Date: November 7,2012 To: Gerry Brown, Inspector of Buildings Subject: Royal est EstFoundaates Drainage North Andover Building Department 1600 Osgood St. Ecation : Royal Crest Estates North Andover, MA 01845 50 Royal Crest Drive North Andover, MA 01845 The following items are enclosed: Item Ot . Type Description ID No. Dated Revised 1 1 Ltr Repair Construction Completion Affidavit 11/05/12 2 1 Plan Bldg 20 Foundation Drainage Plan—Reduced 9091 03/1512 06/15/12 Copy 3 Photos Bldg 20 Repair Photographs Varies Kenneth Lania, E.I.T. ken@comerstoneland.net CORNERSTONE Land Consultants,Inc. Pepperell, MA • (978) 433-8100 ivivxv.cornerstoneland.net Dracut, MA • (978) 937-2455 w 61 Main St. CORNERSTONE 1794 Bridge St. P.O. Box 657 i Unit 17B Pepperell; MA 01463 Viand Consultants, Inc. Dracut, MA 01826 Phone: (978)433-8100 Civil Engineering•Land Surveying•Land Planning Phone: (978)455-7960 Fax: (978)433-8125 Fax: (978)433-8125 www.cornerstoneland.net November 5, 2012 Gerald Brown, Inspector of Buildings Town of North Andover Building Department 1600 Osgood Street North Andover, MA 01845 RE: Construction Completion Affidavit Building 20 Foundation Drainage Royal Crest Estates North Andover, MA 01845 Mr. Brown, Accompanying this Construction Completion Affidavit, please find photographs of the installation and backfilling of the foundation and roof drainage repair and installation completed at Building 20 located on the Royal Crest Estates property. Photographs included show the foundation waterproofing system installation, foundation drainage installation and completed construction. As you are aware, Cornerstone Land Consultants completed a plan entitled "Foundation Drainage Repair Plan Bldg. 20", Dwg No. 9091 dated March 15, 2012 (last revised June 15, 2012) detailing the repair. Based on field inspections conducted during and after the repair, the work completed is in substantial compliance with the plans referenced in this letter and on file with your office. Should you have any ques ' ns or require additional information on this matter, please don't hesitate to contact us in our Pepper I, MA office. 4N OF MgSs9 a� JOHN Cy o� A. ,z V SNIEWSKI Sincerely, Vii; CIVIL No.29775 fie ��G T ��©�4Q S Kenneth M. Lania, E.I.T. John A. Visniewski, P.E. ken @cornerstoneland.net jack@cornerstoneland.net i s • Ep lea a: 6 a �s @ppg 5 � S r. _ sir` ., € `s�i uo�w.�mrHovr - la.o".11�' mnM zs..e, ZP O Vi 9 ¢£F BUILDING 1D4'x 51' U 1 (e --13,1 l• 1 LOCUS SITE PLAN LEGEND y W eximxo vxovosm Q ..ppe,x ____ ---- aenoe coeroee Q F r.,j�n ,tl mn eur+wnnmw��o.�xh —__—E— — onr¢ecr ra uer[ Z I— ca —IN Lle f( ".to (6 o BUILDING 21 -O unurr xxe Z U v 104' 51' uuv vosr 02 U) 0 C "z t c hrc�y,.P © pPnp p o Site Plan cal SCALE:1 in.-20 n. ++ I-- No ! �., • i a - - —sc...e tro �»xe .ow„o,rxx.w.reeo„oore.e,rex, �� oe.. Job No..2011-244 T—r Sheet No:1013 ., .uuq wopo..e pIf'i7:J.,,F Orewug No. �.. 9091 l,,- +! P r ¢ d.•. 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Box 657 - Pepperell, MA 01463 1794 Bridge St. - Unit 17B - Dracut, MA 01826 Delivered by: ❑ Regular Mail 0 Hand Delivery ❑ Fax to.: Job No.:2011-244 Page 1 of 1 ❑Client Pick up ❑ Email to: Date: November 7,2012 To: Gerry Brown, Inspector of Buildings Subject: Royal Crest.Estates North Andover Building Department Bldg 21 Foundation Drainage 1600 Osgood St. Location : Royal Crest Estates North Andover, MA 01845 50 Royal Crest Drive North Andover, MA 01845 The following items are enclosed: Item . Qty. Type Description ID No. Dated Revised r 1 Ltr Repair Construction Completion Affidavit 11/05/12 2 1 Plan Bldg 21 Foundation Drainage Plan—Reduced 9092 03/1512 06/15/12 Copy 3 - Photos Bldg 21 Repair Photographs Varies Kenneth Lania,E.I.T. ken@comerstoneland.net CORNERSTONE Land Consultants,Inc. Pepperell, MA • (978) 433-8100 www.cornerstoneland.net Dracut, MA • (978) 937-2455 i . ar ON 61 Main St. O RSO 1794 Bridge St. P.O. Box 657 Unit 17B Pepperell; MA 01463 and Consultants, Inc. Dracut, MA.01826 Phone: (978) 433-8100 Civil Engineering•Land Surveying•Land Planning Phone: (.978)455-7960 Fax: (978)433-8125 Fax: (978)433=8125 www.cornerstoneland.net November 5, 2012 Gerald Brown, Inspector of Buildings Town of North Andover Building Department 1600 Osgood Street North Andover, MA 01845 RE: Construction Completion Affidavit Building 21 Foundation Drainage Royal Crest Estates North Andover, MA 01845 Mr. Brown, Accompanying this Construction Completion Affidavit, please find photographs of the installation and backfilling of the foundation and roof drainage repair and installation completed at Building 21 located on the Royal Crest Estates property. Photographs included show the foundation waterproofing system installation, foundation drainage installation and completed construction. As you are aware, Cornerstone Land Consultants completed a plan entitled "Foundation Drainage Repair Plan Bldg. 21", Dwg No. 9092 dated March 15, 2012 (last revised June 15, 2012) detailing the repair. Based on field inspections conducted during and after the repair, the work completed is in substantial compliance with the plans referenced in this letter and on file with your office. Should you have any questions or re luire additional information on this matter, please don't hesitate to contact us in our Pep p MA office. bi OF A4, JOHN qoy ZG Sincerely, VISNIEWSKI CIVIL -' No.29775 k, S Kenneth . Lania, E.I. John A. isniewski, P.E. ken@cornerstoneland.net jack@cornerstoneland.net a� 11 12'111 t., � s's Q 9 > BUILDING 25 F 104'x 51' Y e ` m f.Dve m mss, y p '1a _ Dry UFFEP 30..'E vLIlArJy0. P ry --^ BUILDING 21 1 ,t 104'x 51' D e _ w fN rt1I 6 je R,�. ar< ' —wal. W rC-i a a \. 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'h � vF���a -r � cF a� b l� 4 da�f �� ') ,��"•� '��,ti � •���M�.,».., a �';" r�`��x� k);Y' r��t����� �t �� �f��jr�'+.��,��,���4+��?;ak �, r , ' ,�c• t G. .1 r i f K'yt d Lr, bf� i'YSSr `.lyKl dK.j���Cb• ,q'b'�A.P3 f , > f i-77i t nul :1 f� �. ��/ l z«mss. l r,l. 1 , PJ f �'.1i ft�1'1 a ORNERSTONE Lantd o'nsultants, 1nC. Letter of Transmittal P.O. Box 657 - Pepperell, MA 01463 1794 Bridge St. - Unit 17B - Dracut, MA 01826 Delivered by: ❑ Regular Mail 0 Hand Delivery ❑ Fax to.: Job No.:2011-244 Page 1 of 1 ❑ Client Pick up ❑ Email to: Date: November 7, 2012 To: Gerry Brown, Inspector of Buildings Subject: Royal Crest Estates North Andover Building Department Bldg 22 Foundation Drainage 1600 Osgood St. Location : Royal Crest Estates North Andover, MA 01845 50 Royal Crest Drive North Andover, MA 01845 The following items are enclosed: Item Qty. Type Description ID No. Dated Revised 1 1 Ltr Repair Construction Completion Affidavit 11/05/12 2 1 Plan Bldg 22 Foundation Drainage Plan—Reduced 9093 03/1512 06/15/12 Copy 3 Photos Bldg 22 Repair Photographs f Varies Kenneth Lania, E.I.T. ken@comerstoneland.net CORNERSTONE Land Consultants,Inc. Pepperell, MA • (978) 433-8100 www.corners toneland.net Dracut, MA • (978) 937-2455 t. 61 Main St. „ CORNERSTONE 1794 Bridge St. P.O. Box 657 Unit 176 Pepperell, MA 01463 Land Consultants, Inc. Dracut, MA 01826 Phone: (978)433-8100Civil Engineering•Land Surveying•Land Planning Phone: (978) 455-7960 Fax: (978)433-8125 �jc� Fax: (978)433-8125 www.cornerstbneland.net November 5, 2012 Gerald Brown, Inspector of Buildings Town of North Andover Building Department 1600 Osgood Street North Andover, MA 01845 RE: Construction Completion Affidavit Building 22 Foundation Drainage Royal Crest Estates North Andover, MAO 1845 Mr. Brown, Accompanying this Construction Completion Affidavit, please find photographs of the installation and backfilling of the foundation and roof drainage repair and installation completed at Building 22 located on the Royal Crest Estates property. Photographs included show the foundation waterproofing system installation, foundation drainage installation and completed construction. As you are aware, Cornerstone Land Consultants completed a plan entitled "Foundation Drainage Repair Plan Bldg. 22", Dwg No. 9093 dated March 15, 2012 (last revised June 15, 2012) detailing the repair. Based on field inspections conducted during and after the repair, the work completed is in substantial compliance with the plans referenced in this letter and on file with your office. Should you have any questions or re uire additional information on this matter, please don't hesitate to contact us in our Pepper office. �L1K OF ��SS JOHN a A. VISNIEWSKI Sincerely, o avll CA No.as775 G1 TEFF. 0 Al E AG\ Kennet M. Lani , E.I. John A. Visniewski, P.E. ken@co nerstone land. jack@cornerstoneland.net I 0606 eio :oN ways 6 t MZON aor ad, NNo„(waaNA�oo •,' c \ ! .' '�.. 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"i � 1�.�"�y,; "d�T s'`JJ�, hay rt �Y?6 r�i # 'yk �, '•- �p.„ j' a.1,'� }"` �. •e * .. ,'er,.. 1 � i(,�"` 71,. °'�'� a�P ;e ��r �;`�'e *- zy(' 'n.�r. ����ti .'•,t�. ^,� i la 4�� 't. ."h�L..:a^"°.� s� �i s'}} ��S m�g�''�Y� 9 K;,�rs `�td r•. �:' (.� � !l i,'' ��� �" `� *�• � �,r„„' � ,. et.r { � r k#,��r.q�4a :��>y "y�', ,5 ;;t rt y ., Z•'� � s•."i +��, a t +,ba � A tS;w� of����,.�d�`�{^A r�sk. • to /d^`fJ .' r ^4' _ {• �h" �y d” a `t .ei��Jr”"3s tsri7 fi �" e'�i �` i,•°? ���"''�'u,. JY � > j � '.� � •�,',•" ,a�•.-,t..,....�..�. JJ?���,��r.-�'�S�r z° s-,J�j i�,{r J�,+ "%,�ltd'r a k ;.ii �t :ik ����� :�,, "�F� �'`�--�._•_.t�,. i t lFy d`"j��+p �x t" }{ _`��Jf��7? x . � � 1 A• r rR77 palF7rR l , y � � � '�� '� � ��r►��r���r' � 5. y of ��� i��• }!i I m�{ 4� �hl ��Y � ,���' �����t � .t It y M•' .: h ��{ 2-+�4l►.7gy f. n ' .a f Post-Construction Photos MinI *® ®; n rte.,, o _ �W� f en 4 01*, 10 �� 42 - t �"r 0 Oma a ,W4 9 J ti RNER 4= 0 > " Letter of Trans ,d Consultants, Transmittal P.O. Box 657 - Pepperell, MA 01463 1794 Bridge St. - Unit 17B - Dracut, MA 01826 Delivered by:. ❑Regular Mail Rl Hand Delivery ❑ Fax to.: Job No.:2011-244 Pa e 1 of 1 ❑ Client Pick up ❑ Email to: Date: November 7,2012 To: Gerry Brown, Inspector of Buildings Subject: Royal Crest Estates Bld North Andover Building Department 25 Foundation Drainage 1600 Osgood St. Location : Royal.Crest Estates North Andover, MA 01845 50 Royal Crest Drive North Andover, MA 01845 The following items are enclosed: Item Oty. Type Description ID No. Dated Revised 1 1 Ltr Repair Construction Completion Affidavit 11/05/12 2 1 Plan Bldg 25 Foundation Drainage Plan--Reduced 9094 03/1512 06/15/12 Copy 3 - Photos Bldg 25 Repair Photographs Varies Kenneth Lania, E.I.T. ken@comerstoneland.net CORNERSTONE Land Consultants,Inc. Pepperell, MA • (978) 433-8100 wmv.cornerstonela nd.net Dracut, MA • (978) 937-2455 a 61 Main St. CORNERSTONE 1794 Bridge St. P.O. Box 657 �tl Consultants, 17B Pepperell, MA 01463 Viand Consultants, Inc. Dracut, MA 01826 Phone: (978)433-8100 CMI Engineering•Land Surveying• Land Planning Phone: (978)455-7960 Fax: (978) 433-8125 Fax: (978)433-8125 www.cornerstoneland.net November 5, 2012 Gerald Brown, Inspector of Buildings Town of North Andover Building Department 1600 Osgood Street North Andover, MA 01845 RE: Construction Completion Affidavit Building 25 Foundation Drainage Royal Crest Estates North Andover, MA 01845 Mr. Brown, Accompanying this Construction Completion Affidavit, please find photographs of the installation and backfilling of the foundation and roof drainage repair and installation completed at Building 25 located on the Royal Crest Estates property. Photographs included show the foundation waterproofing system installation, foundation drainage installation and completed construction. As you are aware, Cornerstone Land Consultants completed a plan entitled "Foundation Drainage Repair Plan Bldg. 25", Dw No. 9094 dated March 15 2012 last revised June 15 2012 9 ( ) detailing the repair. Based on field inspections conducted during and after the repair, the work completed is in substantial compliance with the plans referenced in this letter and on file with your office. Should you have any questions or require additional information on this matter, please don't hesitate to contact us in our Pepperell, MA office. IiA OF 114qS, JOHN o$ A. �g. VIS Sincerely NIEWSKI o CIVIL y No.29775 r Kenneth M. Lania, E.I.T. John A. 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Box 657 - Pepperell, MA 01463 1794 Bridge St. - Unit 17B - Dracut, MA 01826 Delivered by: ❑ Regular Mail 0 Hand Delivery ❑ Fax to.: Job No.:2011-244 Page 1 of 1 ❑Client Pick up ❑ Email to: Date: November 7, 2012 To: Gerry Brown, Inspector of Buildings Subject: Royal Crest Estates North Andover Building Department Bldg 29 Foundation Drainage 1600 Osgood St. Location: Royal Crest Estates North Andover, MA 01845 50 Royal I.Crest Drive North Andover, MA 01845 The following items are enclosed: Item Qty. Type Description. ID No Dated Revised' 1 1 Ltr Repair Construction Completion Affidavit 11/05/12 2 1 Plan Bldg 29 Foundation Drainage Plan—Reduced 9095 03/1512 06/15/12 Copy 3 - Photos Bldg 29 Repair Photographs Varies Kenneth Lania, E.I.T. ken@comerstoneland.net CORNERSTONE Land Consultants,Inc. Pepperell, MA • (978) 433-8100 Nviviv.cornerstoneland.net Dracut, MA 9 (978) 937-2455 61 Main St. CORNERSTONE 1794 Bridge St. P.O. Boz 657 t Unit 17B Pepperell, MA 01463 Land Consultants, III Dracut, MA 01826 Phone: (978)433-8100 R�Civil Engineering•Land Surveying• Land Planning Phone: (978)455-7960 Fax: (978)433-8125 1 a _ Fax: (978)433-8125 www.cornerston0land.net November 5, 2012 Gerald Brown, Inspector of Buildings Town of North Andover Building Department 1600 Osgood Street North Andover, MA 01845 RE: Construction Completion Affidavit Building 29 Foundation Drainage Royal Crest Estates North Andover, MA 01845 Mr. Brown, Accompanying this Construction Completion Affidavit, please find photographs of the installation and backfilling of the foundation and roof drainage repair and installation completed at Building 29 located on the Royal Crest Estates property. Photographs included show the foundation waterproofing system installation, foundation drainage installation and completed construction. As you are aware, Cornerstone Land Consultants completed a plan entitled "Foundation Drainage Repair Plan Bldg. 29", Dwg No. 9095 dated March 15, 2012 (last revised June 15, 2012) detailing the repair. Based on field inspections conducted during and after the repair, the work completed is in substantial compliance with the plans referenced in this letter and on file with your office. Should you have any estions or require additional information on this matter, please don't hesitate to contact us in our P perell, MA office. P�-VA OF 144Ss JOHN A. w Sincerely, VISNIEWSKI "i CIVIL No.29775 6� Kenneth M. Lania, E.I.T. John niewski, P.E. ken@cornerstoneland.net jack@cornerstoneland.net i i i i cs t1° BUILDING 28 rt iei trua+taco 104'x 51' - 5 t _ oaa�x coxaec i e ye fmmP £ 8� Z E xp b�5rUR0;W7 .Z 4•4Cef• O F Ym ae mWeYNo.aa'fracP �� �>>g£ WV@ aR 1FEP- Ja�u 2G BUILDING 29 104'x 51' "- _ �nipMr rooiMEa'aN�Pm � n m foe.m R e Z lseaoenp> ewer g❑ o c u d Z ry W . `m U u W LOCUS f 1Hrex{2' SITE PLAN LEGEND W y x Ex sr no Paorros Vr W LU }n( H U) o Of d aQ� ti._\ sEwEa t�t - Z d V V a co O 0 Z 1:� i\ / iT$F�,'� r Site Plan san aaPaa 0 m y, [ SCALE'1 m-20 fl. ff r xo vua na r 1 r 8 w� aE PaEEEax.i a Px«a.tElm ooax=PoaraoxnEanoxIPE'ErEM Job No:2011-244 ,:�. namrr nroeem rExr Sheaf No 1 of 3 e.we..v.aa ,y we*uao Drawug No. 9095 F ° NN a 8 u r ��r s e a 4 a _ 4Vt' CL '• `,Ry., F'` +.ice i }r yy �hrCs s}pr {R-pI �� gg/fid t s i a9yai 7 d J1� a �4 a t '" t U;'Ir, �e t ! .'d• XV{,$t�dfjGiaR fI,N'"', ,#r' {tyT,¢�y� •wr''� 'I � �a F•� ,w �A� r t 6, ✓'AA �V' 6 = r4tlj� r°'FYb:. 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Letter of Transmittal P.O. Box 657 - Pepperell, MA 01463 1794 Bridge St. Unit 17B - Dracut, MA 01826 Delivered by: ❑Regular Mail 0 Hand Delivery ❑ Fax to.: Job No.:2011-244 Page-1 of 1 ❑ Client Pick up ❑ Email to: Date: November 7, 2012 To: Gerry Brown, Inspector of Buildings Subject: Royal Crest Estates North Andover Building Department Bldg 31 Foundation Drainage 1600 Osgood St. Location : Royal Crest Estates North Andover, MA 01845 50 Royal Crest Drive North Andover, MA 01845 The following items are enclosed: Item Ot . Type Description ID No. Dated Revised t 1 Ltr Repair Construction Completion Affidavit 11/05/12. 2 1 Plan Bldg 31 Foundation Drainage Plan—Reduced 9096 03_/1512 06/15/12 Copy 3 Photos Bldg 31 Repair Photographs Varies Kenneth Lania, E.I.T. ken @ cornerstoneland.net CORNERSTONE Land Consultants,Inc. Pepperell, MA • (978) 433-8100 A%iv .cornerstoneland.net Dracut, MA o (978) 937-2455 61 Main St. LJjRNERSTONE. 1794 Bridge St. P..O. Box 657 f Unit 17B Pepperell; MA 01463 and Consultants, Inc. Dracut, MA 01826 Phone: (978)433-8100 Civil Engineering•Land Surveying•Land Planning Phone: (978)455-7960 Fax: (978) 433-8125 Fax: (978)433-8125 www.cornerstoneland.net November 5, 2012 Gerald Brown, Inspector of Buildings Town of North Andover Building Department 1600 Osgood Street North Andover, MA 01845 RE: Construction Completion Affidavit Building 31 Foundation Drainage Royal Crest Estates North Andover, MA 01845 Mr. Brown, Accompanying this Construction Completion Affidavit, please find photographs of the installation and backfilling of the foundation and roof drainage repair and installation completed at Building 31 located on the Royal Crest Estates property. Photographs included show the foundation waterproofing system installation, foundation drainage installation and completed construction. As you are aware, Cornerstone Land Consultants completed a plan entitled "Foundation Drainage Repair Plan Bldg. 31", Dwg No. 9096 dated March 15, 2012 (last revised June 15, 2012) detailing the repair. Based on field inspections conducted during and after the repair, the work completed is in substantial compliance with the plans referenced in this letter and on file with your office. Should you have any questions or require additional information on this matter, please don't hesitate to ---------------- contact us in our Pepperel o Ice. P4N OF �4SS JOHN qcy A. YISNIEWSKI , Sincerely, I o CIVIL s " No.24775 sra 6� Kennet M. Lania, E.I.T. John A. Visniewski, P.E. ken@cornerstoneland.net jack@cornerstone land.net e y� S s> aq so s� sa e . �a eounEr we�.Pmegae:.':x�i g„ eP5>% e) I uh Ay vaH-s KR O vi 9 — 6' BUILDING 31 E- F Y a y 1(14•x51• F ..R . 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Letter of Transmittal P.O. Box 657 - Pepperell, MA 01463 1794 Bridge St. - Unit 17B - Dracut, MA 01826 Delivered by: ❑ Regular Mail Rl Hand Delivery ❑ Fax to.: Job No.:2011-244 Page 1 of 1 ❑ Client Pick up ❑ Email to: Dater November 7, 2012 To: Gerry Brown, Inspector of Buildings Subject: Royal Crest Estates North Andover Building Department Bldg 38 Foundation Drainage. 1600 Osgood St. Location : Royal Crest.Estates North Andover, MA 01845 50 Royal Crest Drive North Andover, MA 0.1845 The following items are enclosed: Item Qtv. Type Description ID No. DatedRevised 1 1 Ltr Repair Construction Completion Affidavit 11/05/12 2 1 Plan Bldg 38 Foundation Drainage Plan—Reduced 9097 03/1512 06/15/12 Copy 3 Photos Bldg 38 Repair Photographs Varies Kenneth Lania, E.I.T. ken@cornerstoneland.net CORNERSTONE Land Consultants,Inc. Pepperell, MA • (978) 433-8100 i%iv xornerstoneland.net Dracut, MA e (978),937-2455 61 Main St. CORNERSTONE 1794 Bridge St. P.O. Box 657 l Unit 17B Pepperell, MA 01463 Viand Consultants, Inc. Dracut, MA 01826 Phone: (978)433-8100 Glvil Engineering•Land Surveying• Land Planning Phone: (.978)455-7960 Fax: (978)433-8125 Fax: (978) 433-8125 www.cornerstoneland.net November 5, 2012 Gerald Brown, Inspector of Buildings Town of North Andover Building Department 1600 Osgood Street North Andover, MA 01845 RE: Construction Completion Affidavit Building 38 Foundation Drainage Royal Crest Estates North Andover, MA 01845 Mr. Brown, Accompanying this Construction Completion Affidavit, please find photographs of the installation and backfilling of the foundation and roof drainage repair and installation completed at Building 38 located on the Royal Crest Estates property. Photographs included show the foundation waterproofing system installation, foundation drainage installation and completed construction. As you are aware, Cornerstone Land Consultants completed a plan entitled "Foundation Drainage Repair Plan Bldg. 38", Dwg No. 9097 dated March 15, 2012 (last revised June 15, 2012) detailing the repair. Based on field inspections conducted during and after the repair, the work completed is in substantial compliance with the plans referenced in this letter and on file with your office. Should you have any ques ' s or require additional information on this matter, please don't hesitate to contact us in our Peppere , MA office. OF�y> Mgss" JOHN ti A. Sincerely, VISNIEwSK9 � ( CIVIL C No.29775 OALE� Kenneth M. ania, E.I.T. John A. Visniewski, P.E. ken@cornerstoneland.net jack@ornerstoneland.net 1 m � g u IS E —qo \ $ a wr�iEi BUILDWG - \ - EFv:isi.ro.yA 104'x51'' #38 s W s EF i :z. :aww ZZ �9 a .. y-f`( -'\ iceYro�r�ama n�iswn •['. F.F Ymy SO R.. 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O i ti �9i ea" �9SSACHU`����� BUILDING DEPARTMENT Community Development Division April 20, 2011 Royal Crest Apartments Royal Crest Drive North Andover MA 01845 To Royal Crest Apartments: Around March 25,2009 the North Andover Building Department did the 106R multifamily inspection mandated by Massachusetts Building Code and numerous violations were observed. At a recent inspection performed due to Ice damming,it was obvious many on the preexisting violations were never corrected and new life safety violations were observed. OThese inspections shall be performed every 5 years under state law. Emergency Lighting: It appears buildings 33, 34, 35, 36, 37, 38, 39, 40,41,43, 45,47, 48, and 49 Emergency lights are defective and need replacement. Feat Detectors: Dozens of painted heat detectors were observed. Suspect there may be hundreds of them as apartments were painted over the years. Painting a heat detector sensor could lead to a serious delay in the heat detection process and may create a serious fire safety issue. Firewall Separations: (ALL BUILDINGS)It appears the concrete firewall separation between units has been compromised in the attic areas of all buildings. The Building Department would like all compromised areas corrected and a report generated to the extent of the repairs. Please see the code enclosed on Fire Walls separations section-706 and Penetrations section-713. Thanks you for your attention to this matter. If you have any questions,please call the office of the Building Department at 978-688-9545. Very truly yours, Gerald Brown, Inspector of Buildings Building Department 1600 Osgood Street,North Andover,Massachusetts 01845 Phone 978.688.9545 Fox 918.688.9542 Web www.townofnorthandover.com i i f � I FIRE AND SMOKE PROTECTION FEATURES Oporting elements for the rated roof assembly has a 707.3.3 Exit passageway.The fire-resistance rating of the fire-resistance rating of not less than 1 hour. fire barrier separating building areas from an exit passage- 2. Openings in the lower roof shall not be located way shall comply with Section 1023.3. within 10 feet(3048 mm)of the fire wall. 707.3.4 Horizontal exit. The fire-resistance rating of the 706.7 Combustible framing in fire walls.Adjacent combusti- separation between building areas connected by a horizon- ble members entering into a concrete or masonry fire wall from tal exit shall comply with Section 1025.1. opposite sides shall not have less than a 4-inch(102 mm)dis- 707.3.5 Atriums.The fire-resistance rating of the fire bar- tance between embedded ends. Where combustible members rier separating atriums shall comply with Section 404.6. frame into hollow walls or walls of hollow units,hollow spaces shall be solidly filled for the full thickness of the wall and for a 707.3.6 Incidental accessory occupancies. The fire bar- distance not less than 4 inches (102 mm) above below and rier separating incidental accessory occupancies from other between the structural members,with noncombustible materi- spaces in the building shall have afire-resistance rating of als approved for fireblocking. not less than that indicated in Table 508.2.5. 706.8 Openings.Each opening through afire wall shall be pro- 707.3.7 Control areas. Fire barriers separating control tected in accordance with Section 715.4 and shall not exceed areas shall have afire-resistance rating of not less than that 156 square feet (15 mz). The aggregate width of openings at required in Section 414.2.4. any floor level shall not exceed 25 percent of the length of the 707.3.8 Separated occupancies.Where the provisions of wall. Section 508.4 are applicable, the fire barrier separating Exceptions: mixed,occupancies shall have afire-resistance rating of not less than that indicated in Table 508.4 based on the occupan- t. Openings are not permitted in party walls�constructed cies being separated. in accordance with Section 706.1.1. 707.3.9 Fire areas.The fire barriers or horizontal assem- 2. Openings shall not be limited to 156 square feet(15 blies,or both,separating a single occupancy into different m2) where both buildings are equipped throughout fire areas shall have afire-resistance rating of not less than with an automatic sprinkler system installed in accor- that indicated in Table 707.3.9.The fire barriers or horizon- dance with Section 903.3.1.1. tal assemblies,or both,separating fire areas of mixed occu- Q6.9 Penetrations. Penetrations of fire walls shall comply pancies shall have afire-resistance rating of not less than the ith Section 713. highest value indicated in Table 707.3.9 for the occupancies 706.10 Joints.Joints made in or between fire walls shall com- under consideration. ply with Section 714. TABLE 707.3.9 706.11 Ducts and air transfer openings.Ducts and air trans- FIRE-RESISTANCE RATING REQUIREMENTS FOR FIRE fer openings shall not penetrate fire walls. BARRIER ASSEMBLIES OR HORIZONTAL ASSEMBLIES BETWEEN FIRE AREAS Exception:Penetrations by ducts and air transfer openings OCCUPANCY GROUP FIRE-RESISTANCE RATING(hours) of fire walls that are not on a lot line shall be allowed pro- vided the penetrations comply with Section 716. The size H-1,H-2 4 and aggregate width of all openings shall not exceed the lim- itations of Section 706.8. F-1,H-3,S-1 3 A,B,E,F-2,H-4,H-5, 2 I,M,R,S-2 SECTION 707 U 1 FIRE BARRIERS 707.1 General.Fire barriers installed as required elsewhere in 707.4 Exterior walls.Where exterior walls serve as a part of a this code or the International Fire Code sliall comply with this section. required fire-resistance-rated shaft or exit enclosure,or separa- tion,such walls shall comply with the requirements of Section 707.2 Materials.Fire barriers shall be of materials permitted 705 for exterior walls and the fire-resistance-rated enclosure or by the building type of construction. separation requirements shall not apply. 707.3 Fire-resistance rating.The fire-resistance rating of fire ' Exception: Exterior walls required to be fire-resistance barriers shall comply with this section. rated in accordance with Section 1019 for exterior egress balconies, Section 1022.6 for exit enclosures and Section 707.3.1 Shaft enclosures.The fire-resistance rating of the 1026.6 for exterior exit ramps and stairways. fire barrier separating building areas from a shaft shall com- ly with Section 708.4. 707.5 Continuity.Fire barriers shall extend from the top of the floor/ceiling assembly below to the underside of the floor or 707.3.2 Exit enclosures. The fire-resistance rating of the roof sheathing, slab or deck above and shall be securely fire barrier separating building areas from an exit shall com- attached thereto.Such fire barriers shall be continuous through ply with Section 1022.1. concealed spaces,such as the space above a suspended ceiling. 2009 INTERNATIONAL BUILDING CODE® 103 i - t FIRE AND SMOKE PROTECTION FEATURES 707.5.1 Supporting construction. The supporting con- 707.8 Joints.Joints made in or between fire barriers,and j oints 10 struction for afire barrier shall be protected to afford the made at the intersection of fire barriers with underside of the required fire-resistance rating of the fire barrier supported. floor or roof sheathing,slab or deck above,shall comply with Hollow vertical spaces within a fire barrier shall be Section 714. fireblocked in accordance with Section 717.2 at every floor level. 707.9 Ducts and air transfer openings.Penetrations in afire barrier by ducts and air transfer openings shall comply with Exceptions: Section 716. 1. The maximum required fire-resistance rating for assemblies supporting fire barriers separating tank storage as provided for in Section 415.6.2.1 08 shall be 2 hours,but not less than required by Table SECTION 601 for the building construction type. SHAFTENCLOSURES RES 2. Shaft enclosures shall be permitted to terminate at 708.1 General. The provisions of this section shall apply to a top enclosure complying with Section 708.12. shafts required to protect openings and penetrations through 3. Supporting construction for 1-hour fire barriers floor/ceiling and roof/ceiling assemblies. Shaft enclosures required by Table 508.2.5 in buildings of Type shall be constructed as fire barriers in accordance with Section IIB,IIIB and VB construction is not required to be 707 or horizontal assemblies in accordance with,Section 712, fire-resistance rated unless required by other sec- or both. Li tions of this code. 708.2 Shaft enclosure required. Openings through a 707.6 Openings.Openings in afire barrier shall be protected floor/ceiling assembly shall be protected by a shaft enclosure in accordance with Section 715.Openings shall be limited to a complying with this section. maximum aggregate width of 25 percent of the length of the Exceptions: wall, and the maximum area of any single opening shall not exceed 156 square feet (15 m2). Openings in exit enclosures 1. A shaft enclosure is not required for openings totally and exit passageways shall also comply with Sections 1022.3 within an individual residential dwelling unit and and 1023.5,respectively. connecting four stories or less. Exceptions: 2. A shaft enclosure is not required in a building i 1. Openings shall not be limited to 156 square feet(15 equipped throughout with an automatic sprinkler sys- m2) where adjoining floor areas are equipped tem in accordance with Section 903.3.1.1 for an esca- throughout with an automatic sprinkler system in lator opening or stairway that is not a portion of the accordance with Section 903.3.1.1. means of egress protected according to Item 2.1 or 2.2. 2. Openings shall not be limited to 156 square feet(15 m2)or an aggregate width of 25 percent of the length 2.1.Where the area of the floor opening between of the wall where the opening protective is afire door stories does not exceed twice the horizontal serving an exit enclosure. projected area of the escalator or stairway and the opening is protected by a draft curtain and 3. Openings shall not be limited to 156 square feet(15 closely spaced sprinklers in accordance with m2)or an aggregate width of 25 percent of the length NFPA 13.In other than Groups B and M,this of the wall where the opening protective has been application is limited to openings that do not tested in accordance with ASTM E 119 or UL 263 and connect more than four stories. has a minimum fire-resistance rating not less than the fire-resistance rating of the wall. 2.2.Where the opening is protected by approved power-operated automatic shutters at every 4. Fire window assemblies permitted in atrium separa- penetrated floor. The shutters shall be of tion walls shall not be limited to a maximum aggre- noncombustible construction and have a gate width of 25 percent of the length of the wall. fire-resistance rating of not less than 1.5 5. Openings shall not be limited to 156 square feet(15 hours.The shutter shall be so constructed as to In 2)or an aggregate width of 25 percent of the length close immediately upon the actuation of a of the wall where the opening protective is afire door smoke detector installed in accordance with assembly in afire barrier separating an exit enclosure Section 907.3 and shall completely shut off from an exit passageway in accordance with Section the well opening.Escalators shall cease oper- 1022.2.1. ation when the shutter begins to close. The 707.9 Penetrations.Penetrations offore barriers shall comply shutter shall operate at a speed of not more O with Section 713. than 30 feet per minute(152.4 mm/s)and shall be equipped with a sensitive leading edge to 707.7.1 Prohibited penetrations.Penetrations into an exit arrest its progress where in contact with any enclosure or an exit passageway shall be allowed only when obstacle, and to continue its progress on re- permitted by Section 1022.4 or 1023.6,respectively. lease therefrom. 104 2009 INTERNATIONAL BUILDING CODE® 4 . a FIRE AND SMOKE PROTECTION FEATURES tante-rated floor assembly,provided the aggre- boxes that do not exceed 16 square inches(10 gate area of the openings through the assembly 323 mm2)in area,provided the aggregate area does not exceed 144 square inches (92 900 of such penetrations does not exceed 100 mm2)in any 100 square feet(9.3 m2) of floor square inches(44 500 mm2)in any 100 square area. feet(9.29 m2) of ceiling area, and the annular 2. Penetrations in a single concrete floor by steel, space between the ceiling membrane and the ferrous or copper conduits,pipes,tubes or vents box does not exceed'/$inch(3.2 mm). ' with a maximum 6-inch (152 mm) nominal 3. Membrane penetrations by electrical boxes of diameter,provided the concrete,grout or mor- any size or type,which have been listed as part tar is installed the full thickness of the floor or of an opening protective material system for the thickness required to maintain the use in horizontal assemblies and are installed in fire-resistance rating. The penetrating items accordance with the instructions included in the shall not be limited to the penetration of a single listing. concrete floor,provided the area of the opening 4. Membrane penetrations by listed electrical through each floor does not exceed 144 square boxes of any material, provided such boxes inches(92 900 mm2). have been tested for use in fire-resistance-rated 3. Penetrations by listed electrical boxes of any assemblies and are installed in accordance with material,provided such boxes have been tested the instructions included in the listing. The for use in fire-resistance-rated assemblies and annular space between the ceiling membrane installed in accordance with the instructions and the box shall not exceed '/,inch(3.2 mm) included in the listing. unless listed otherwise. 713.4.1.1.1 Installation.Through penetrations shall 5. The annularspace createdby the penetration of be installed as tested in the approved fire-resis- a fire sprinkler, provided it is covered by a tante-rated assembly. metal eschutcheon plate. 713.4.1.1.2 Through-penetration firestop system. 713.4.1.3 Ducts and air transfer openings. Penetra- O Through penetrations shall be protected by an tions of horizontal assemblies by ducts and air transfer approved through-penetration firestop system openings shall comply with Section 716. installed and tested in accordance with ASTM E 814 713.4.1.4 Dissimilar materials.Noncombustible pene- or UL 1479,with a minimum positive pressure differ- trating items shall not connect to combustible materials ential of 0.01 inch of water(2.49 Pa).The system shall beyond the point of firestopping unless it can be demon- have an F rating/T rating of not less than 1 hour but not strated that the fire-resistance integrity of the horizontal less than the required rating of the floor penetrated. assembly is maintained. Exception: Floor penetrations contained and 713,4,2 Nonfire-resistance-rated assemblies. Penetra- located within the cavity of a wall above the floor tions of nonfire-resistance-rated floor or floor/ceiling or below the floor do not require a T rating. assemblies or the ceiling membrane of a nonfire-resistance- 713.4.1.2 Membrane penetrations. Penetrations of rated roof/ceiling assembly shall meet the requirements of membranes that are part of a horizontal assembly shall Section 708 or'shall comply with Section 713.4.2.1 or comply with Section 713.4.1.1.1 or 713.4.1.1.2. Where 713.4.2.2. floor/ceiling assemblies are required to have a fire-resis- �713.4.2.1 Noncombustible penetrating items. tante rating,recessed fixtures shall be installed such that Noncombustible penetrating items that connect not more the required fire resistance will not be reduced. than three stories are permitted,provided that the annu- Exceptions: lar space is filled to resist the free passage of flame and the products of combustion with an approved 1. Membrane penetrations by steel, ferrous or noncombustible material or with a fill, void or cavity copper conduits,pipes,tubes or vents,or con- material that is tested and classified for use in trete or masonry items where the annular space through-penetration firestop systems. is protected either in accordance with Section 713.4.1.1 or to prevent the free passage of 713.4.2.2 Penetrating items.Penetrating items that con- flame and the products of combustion. The nett not more than two stories are permitted,provided aggregate area of the openings through the that the annular space is filled with an approved materi al membrane shall not exceed 100 square inches to resist the free passage of flame and the products of (64 500 mm2)in any 100 square feet(9.3 m2)of combustion. Oceiling area in assemblies tested without pene- 713.5 Penetrations in smoke barriers.Penetrations in smoke trations. barriers shall be tested in accordance with the requirements of �I 2. Ceiling membrane penetrations of maximum UL 1479 for air leakage.The air leakage rate of the penetration u 2-hour horizontal assemblies by steel electrical assemblies measured at 0.30 inch(7.47 Pa)of water in both the 112 2009 INTERNATIONAL BUILDING CODE® ` V FIRE AND SMOKE PROTECTION FEATURES equivalent to the fire-resistance rating of the con- 2.3. By protecting both boxes with listed putty struction penetrated. pads;or 713.3.1.1 Fire-resistance-rated assemblies. Penetra- 2.4.By other listed materials and methods. tions shall be installed as tested in an approved fire-resis- 3. Membrane penetrations by electrical boxes of any tance-rated assembly. size or type, which have been listed as part of a 713.3.1.2 Through-penetration firestop system. wall opening protective material system for use in Through penetrations shall be protected by an approved fire-resistance-rated assemblies and are installed penetration firestop system installed as tested in accor- in accordance with the instructions included in the dance with ASTM E 814 or UL 1479,with a minimum listing. positive pressure differential of 0.01 inch (2.49 Pa) of 4. Membrane penetrations by boxes other than elec- water and shall have an F rating of not less than the trical boxes,provided such penetrating items and required fire-resistance rating of the wall penetrated. the annular space between the wall membrane and 713.3.2 Membrane penetrations.Membrane penetrations the box, are protected by an approved membrane shall comply with Section 713.3.1. Where walls or parti- penetration firestop system installed as tested in tions are required to have afire-resistance rating,recessed accordance with ASTM E 814 or UL 1479,with a fixtures shall be installed such that the required fire-resis- minimum positive pressure differential of 0.01 tance will not be reduced. inch(2.49 Pa)of water,and shall have an F and T rating of not less than the required fire-resistance Exceptions: rating of the wall penetrated and be installed in 1. Membrane penetrations of maximum 2-hour accordance with their listing. fire-resistance-rated walls and partitions by steel 5. The annular space created by the penetration of an electrical boxes that do not exceed 16 square automatic sprinkler, provided it is covered by a inches(0.0103 m)in area,provided the aggregate metal escutcheon plate. area of the openings through the membrane does not exceed 100 square inches (0.0645 mz)in any 713.3.3 Dissimilar materials.Noncombustible penetrating 100 square feet(9.29 mz)of wall area.The annular items shall not connect to combustible items beyond the space between the wall membrane and the box point of firestopping unless it can be demonstrated that the shall not exceed'/8 inch(3.1 mm).Such boxes on fire resistance integrity of the wall is maintained. opposite sides of the wall or partition shall be sepa- 713.4 Horizontal assemblies. Penetrations of a floor, rated by one of the following: floor/ceiling assembly or the ceiling membrane of a roof/ceil- 1.1. By a horizontal distance of not less than 24 ing assembly not required to be enclosed in a shaft by Section inches (610 mm) where the wall or parti- 708.2 shall be protected in accordance with Sections 713.4.1 tion is constructed with individual through 713.4.2.2. noncommunicating stud cavities; 713.4.1 Fire-resistance-rated assemblies.Penetrations of 1.2. By a horizontal distance of not less than the the fire-resistance-rated floor,floor/ceiling assembly or the depth of the wall cavity where the wall cav- ceiling membrane of a roof/ceiling assembly shall comply ity is filled with cellulose .loose-fill, with Sections 713.4.1.1 through 713.4.1.4.Penetrations in rockwool or slag mineral wool insulation; horizontal smoke barriers shall also comply with 713.5. 1.3. By solid fireblocking in accordance with 713.4.1.1 Through penetrations.Through penetrations Section 717.2.1; of fire-resistance-rated horizontal assemblies shall com- 1.4. By protecting both outlet boxes with listed Ply with Section 713.4.1.1.1 or 713.4.1.1.2. putty pads;or Exceptions: 1.5. By other listed materials and methods. 1. Penetrations by steel, ferrous or copper con- 2. Membrane penetrations by listed electrical boxes duits, pipes, tubes or vents or concrete or of any material, provided such boxes have been masonry items through a single fire-resistance- tested for use in fire-resistance-rated assemblies rated floor assembly where the annularspace is and are installed in accordance with the instruc- protected with materials that prevent the pas- tions included in the listing. The annular space sage of flame and hot gases sufficient to ignite between the wall membrane and the box shall not cotton waste when subjected to ASTM E 119 or exceed 1/8 inch(3.1 mm) unless listed otherwise. UL 263 time-temperature fire conditions under Such boxes on opposite sides of the wall or parti- a minimum positive pressure differential of tion shall be separated by one of the following: 0.01 inch (2.49 Pa)of water at the location of 2.1. By the horizontal distance specified in the the penetration for the time period equivalent to listing of the electrical boxes; the fire-resistance rating of the construction penetrated.Penetrating items with a maximum 2.2. By solid fireblocking in accordance with 6-inch(152 mm)nominal diameter shall not be Section 717.2.1; limited to the penetration of a single fire-resis- . 2009 INTERNATIONAL BUILDING CODE® 111 i� FIRE AND SMOKE PROTECTION FEATURES 010.5 Openings. Openings in a smoke barrier shall be pro- ture test and the elevated temperature exposure test. tected in accordance with Section 715. Ihstallation of smoke doors shall be in accordance with Exceptions: NFPA 105. 1. In Group I-2,where doors are installed across corri- 711.5.3 Self-or automatic-closing doors.Where required dors,a pair of opposite-swinging doors without a cen- elsewhere in the code, doors in smoke partitions shall be ter mullion shall be installed having vision panels self-or automatic-closing by smoke detection in accordance with fire-protection-rated glazing materials in with Section 715.4.8.3. fire-protection-rated frames, the area of which shall 711.6 Penetrations and joints.The space around penetrating not exceed that tested.The doors shall be close fitting items and in joints shall be filled with an approved material to within operational tolerances, and shall not have limit the free passage of smoke. undercuts in excess of 3/4-inch,louvers or grilles.The doors shall have head and jamb stops, astragals or 711.7 Ducts and air transfer openings.The space around a rabbets at meeting edges and shall be automatic-clos- duct penetrating a smoke partition shall be filled with an ing by smoke detection in accordance with Section approved material to limit the free passage of smoke.Air trans- 715.4.8.3. Where permitted by the door manufac- fer openings in smoke partitions shall be provided with a smoke turer's listing, positive-latching devices are not damper complying with Section 716.3.2.2. required. Exception: Where the installation of a smoke'damper will 2. In Group 1-2, horizontal sliding doors installed in interfere with the operation of a required smoke control sys-. accordance with Section 1008.1.4.3 and protected in tem in accordance with Section 909, approved alternative accordance with Section 715. protection shall be utilized. 710.6 Penetrations.Penetrations of smoke barriers shall com- ply with Section 713. SECTION 712 710.7 Joints.Joints made in or between smoke barriers shall HORIZONTAL ASSEMBLIES comply with Section 714. 712.1 General.Floor and roof assemblies required to have a 710.8 Ducts and air transfer openings. Penetrations in a fire-resistance rating shall comply with this section. oke barrier by ducts and air.transfer openings shall comply Nonfire-resistance-rated floor and roof assemblies shall com- h Section 716. ply with Section 713.4.2. Qit1 . 712.2 Materials. The floor and roof assemblies shall be of SECTION 711 materials permitted by the building type of construction. SMOKE PARTITIONS 712.3 Fire-resistance rating. The fire-resistance rating of 711.1 General. Smoke partitions installed as required else- floor and roof assemblies shall not be less than that required by where in the code shall comply with this section. the building type of construction. Where the floor assembly separates mixed occupancies, the assembly shall have a 711.2 Materials.The walls shall be of materials permitted by fire-resistance rating of not less than that required by Section the building type of construe.tion. 508.4 based on the occupancies being separated. Where the 711.3 Fire-resistance rating.Unless required elsewhere in the floor assembly separates a single occupancy into different fire code,smoke partitions are not required to have afire-resistance areas, the assembly shall have a fire-resistance rating of not rating. less than that required by Section 707.3.9.Horizontal assem- blies separating dwelling units in the same building and hori-' 711.4 Continuity.Smoke partitions shall extend from the top zontal assemblies separating sleeping units in the same of the foundation or floor below to the underside of the floor or building shall be a minimum of 1-hour fire-resistance-rated roof sheathing, deck or slab above or to the underside of the construction. ceiling above where the ceiling membrane is constructed to limit the transfer of smoke. Exception:Dwelling unit and sleeping unit separations in buildings of Type IIB,11113 and VB construction shall have 711.5 Openings.Windows shall be sealed to resist the free pas- fire-resistance ratings of not less than'/,hour in buildings sage of smoke or be automatic-closing upon detection of smoke. equipped throughout with an automatic sprinkler system in Doors in smoke partitions shall comply with this section. accordance with Section 903.3.1.1. 711.5.1 Louvers. Doors in smoke partitions shall not 712.3.1 Ceiling panels.Where the weight of lay-in ceiling include louvers. panels,used as part of fire-resistance-rated floor/ceiling or roof/ceiling assemblies,isnot adequate to resist an upward 711.5.2 Smoke and draft control doors.Where required Q1elsewhere in the code,doors in smoke partitions shall meet force of 1 pound per square foot (48 Pa), wire or other ie requirements for a smoke and draft control door assem- approved devices shall be installed above the panels to P re- ly tested in accordance with UL 1784.The air leakage rate vent vertical displacement under such upward force. of the door assembly shall not exceed 3.0 cubic feet per min- 712.3.2 Access doors.Access doors shall be permitted in ute per square foot(0.015424 m3/(s•m2))of door opening at ceilings of fire-resistance-rated floor/ceiling and roof/ceil- 0.10 inch(24.9 Pa)of water for both the ambient tempera- ing assemblies provided such doors are tested in accordance 2009 INTERNATIONAL BUILDING CODE® 109 i FIRE AND SMOKE PROTECTION FEATURES with ASTM E 119 or UL 263 as horizontal assemblies and tion 708.14.1. through Openings h horizontal assemblies shall g labeled by an approved agency for such purpose. be protected by shaft enclosures complying with Section 708. 712.3.3 Unusable space. In 1-hour fire-resistance-rated Horizontal assemblies shall not be allowed to have unprotected floor assemblies,the ceiling membrane is not required to be vertical openings. installed over unusable crawl spaces. In 1-hour fire-resis- tance-rated roof assemblies, the floor membrane is not required to be installed where unusable attic space occurs SECTION 713 above. PENETRATIONS 712.4 Continuity. Assemblies shall be continuous without 713.1 Scope. The provisions of this section shall govern the openings,penetrations or joints except as permitted by this sec- materials and methods of construction used to protect through tion and Sections 708.2,713.4,714 and 1022.1.Skylights and penetrations and membrane penetrations of horizontal assem- other penetrations through a fire-resistance-rated roof deck or blies and fire-resistance-rated wall assemblies. slab are permitted to be unprotected,provided that the struc- tural integrity of the fire-resistance-rated roof assembly is 713.1.1 Ducts and air transfer openings.Penetrations of maintained. Unprotected skylights shall not be permitted in fire-resistance-rated walls by ducts that are not protected roof assemblies required to be fire-resistance rated in accor-, with dampers shall comply with Sections 713.2 through dance with Section 704.10.The supporting construction shall 713.3.3. Penetrations of horizontal assemblies not pro- dance with to afford the required fire-resistance rating of the tected with a shaft as permitted by Exception 4 of Section horizontal assembly supported. 708.2,and not required to be protected with fire dampers by other sections of this code,shall comply with Sections 713.4 Exception:In buildings of'type IIB,IIIB or VB construc- through 713.4.2.2.Ducts and air transfer openings that are tion,the construction supporting the horizontal assembly is protected with dampers shall comply with Section 716. not required to be fire-resistance-rated at the following: 713.2 Installation details.Where sleeves are used,they shall 1. Horizontal assemblies at the separations of incidental be securely fastened to the assembly penetrated. The space uses as specified by Table 508.2.5, provided the between the item contained in the sleeve and the sleeve itself required fire-resistance rating does not exceed 1 and any space between the sleeve and the assembly penetrated O hour. shall be protected in accordance with this section. Insulation 2. Horizontal assemblies at the separations of dwelling and coverings on or in the penetrating item shall not penetrate units and sleeping units as required by Section 420.3. the assembly unless the specific material used has been tested ! 3. Horizontal assemblies at smoke barriers constructed as part of the assembly in accordance with this section. in accordance with Section 710. 713.3 Fire-resistance-rated walls. Penetrations into or 712.5 Penetrations. Penetrations of horizontal assemblies through fire walls,fire barriers,smoke barrier walls and fire shall comply with Section 713. partitions shall comply with Sections 713.3.1 through 713.3.3. Penetrations in smoke barrier walls shall also comply with 712.6 Joints.Joints made in or between horizontal assemblies Section 713.5. shall comply with Section 714.The void created at the intersec- tion of a floor/ceiling assembly and an exterior curtain wall 713.3.1 Through penetrations. Through penetrations of assembly shall be protected in accordance with Section 714.4. fire-resistance-rated walls shall comply with Section 713.3.1.1 or 713.3.1.2. 712.7 Ducts and air transfer openings.Penetrations in hori- zontal assemblies by ducts and air transfer openings shall com- Exception: Where the penetrating items are steel, fer- ply with Section 716. rous or copper pipes, tubes or conduits, the annular 712.8 Floor fire door assemblies.Floor fire door assemblies space between the penetrating item and the fire-resis- used to protect openings in fire-resistance-rated floors shall be tance-rated wall is permitted to be protected as follows: tested in accordance with NFPA 288, and shall achieve a 1. In concrete or masonry walls where the penetrat- fire-resistance rating not less than the assembly being pene- ing item is a maximum 6-inch(152 mm)nominal trated. Floor fire door assemblies shall be labeled by an diameter and the area of the opening through the approved agency.The label shall be permanently affixed and wall does not exceed 144 square inches (0.0929 shall specify the manufacturer, the test standard and the m2),concrete,grout or mortar is permitted where it fire-resistance rating. is installed the full thickness of the wall or the 712.9 Smoke barrier. Where horizontal assemblies are thickness required to maintain'the fire-resistance required to resist the movement of smoke by other sections of rating;or this code in accordance with the definition of smoke barrier, 2. The material used to fill the annular space shall O penetrations and joints in such horizontal assemblies shall be prevent the passage of flame and hot gases suffi- protected as required for smoke barriers in accordance with cient to ignite cotton waste when subjected to Sections 713.5 and 714.6.Regardless of the number of stories ASTM E 119 or UL 263 time-temperature fire connected by elevator shaft enclosures,doors located in eleva- conditions under a minimum positive pressure dif- tor shaft enclosures that penetrate the horizontal assembly shall ferential of 0.01 inch(2.49 Pa)of water at the loca- be protected by enclosed elevator lobbies complying with Sec- tion of the penetration for the time period i 1A 9nno 1KITC0RIA_T_InKI AI_R IJII_I]II�Ir L n a'\ FIRE AND SMOKE PROTECTION FEATURES }1j 2. Buildings or spaces on both sides of the intersecting 2. Two-hour fire-resistance-rated walls shall be permit- fire wall shall assume to have an imaginary lot line at ted to terminate at the underside of the roof sheathing, the fire wall and extending beyond the exterior of the deck or slab,provided: fire wall.The location of the assumed line in relation 2.1. The lower roof assembly within 4 feet(1220 } to the exterior walls and the fire wall shall be such that mm) of the wall has not less than a 1-hour ' the exterior wall and opening protection meet the fire-resistance rating and the entire length requirements set forth in Sections 705.5 and 705.8. and span of supporting elements for the rated Such protection is not required for exterior walls ter- roof assembly has afire-resistance rating of minating at fire walls that form an angle equal to or not less than 1 hour. greater than 180 degrees(3.14 rad). 706.5.2 Horizontal projecting elements.Fire walls shall 2.2. Openings in the roof shall not be located extend to the outer edge of horizontal projecting elements within 4 feet(1220 mm)of the fire wall. such as balconies,roof overhangs,canopies,marquees and 2.3. Each building shall be provided with not less similar projections that are within 4 feet(1220 mm)of the than a Class B roof covering. . fire wall. 3. Walls shall be permitted to terminate at the underside Exceptions: of noncombustible roof sheathing, deck or slabs where both buildings are provided with not less than a 1. Horizontal projecting elements without concealed Class B roof covering.Openings in the roof shall not spaces, provided the exterior wall behind and be located within 4 feet(1220 mm)of the fire wall. below the projecting element has not less than 1-hour fire-resistance-rated construction for a dis- 4. In buildings of Type III,IV and V construction,walls tance not less than the depth of the projecting ele- shall be permitted to terminate at the underside of ment on both sides of the fire wall. Openings combustible roof sheathing or decks,provided: within such exterior walls shall be protected by 4.1. There are no openings in the roof within 4 feet opening protectives having a fire protection rating (1220 mm)of the fire wall, of not less than 3/4 hour. . O4.2. The roof is covered with a minimum Class B 2. Noncombustible horizontal projecting elements roof covering,and with concealed spaces, provided a minimum 1-hour fire-resistance-rated wall extends through 4.3.The roof sheathing or deck is constructed of the concealed space.The projecting element shall fire-retardant-treated wood for a distance of 4 be separated from the building by a minimum of feet(1220 mm)on both sides of the wall or the 1-hour fire-resistance-rated construction for a dis- roof is protected with 5/8-inch(15.9 mm)Type tance on each side of the fire wall equal to the depth X gypsum board directly beneath the under- of the projecting element.The wall is not required side of the roof sheathing or deck, supported to extend under the projecting element where the by a minimum of 2-inch (51 mm) nominal building exterior wall is not less than 1-hour ledgers attached to the sides of the roof fram- fire-resistance rated for a distance on each side of ing members for a minimum distance of 4 feet the fire wall equal to the depth of the projecting (1220 mm)on both sides of the fire wall. element.Openings within such exterior walls shall 5. In buildings designed in accordance with Section be protected by opening protectives having afire 509.2,fire walls located above the 3-hour horizontal protection rating of not less than 3/4 hour. assembly required by Section 509.2, Item 1 shall be 3. For combustible horizontal projecting elements permitted to extend from the top of this horizontal with concealed spaces, the fire wall need only assembly. extend through the concealed space to the outer 706.6.1 Stepped buildings.Where afire wall serves as an edges of the projecting elements.The exterior wall exterior wall for a building and separates buildings having behind and below the projecting element shall be different roof levels,such wall shall terminate at a point not of not less than 1-hour fire-resistance-rated con- less than 30 inches (762 mm) above the lower roof level, struction for a distance not less than the depth of provided the exterior wall for a height of 15 feet(4572 mm) the projecting elements on both sides of the fire above the lower roof is not less than 1-hour fire-resis- wall.Openings within such exterior walls shall be tance-rated construction from both sides with openings pro- protected by opening protectives having a tected by fire assemblies having afire protection rating of fire-protection rating of not less than 3/4 hour. not less than 3/4 hour. 706.6 Vertical continuity. Fire walls shall extend from the Exception:Where the fire wall terminates at the under- side to a termination point at least 30 inches(762 mm) side of the roof sheathing,deck or slab of the lower roof, dbove both adjacent roofs. provided: Exceptions: 1. The lower roof assembly within 10 feet(3048 mm) 1. Stepped buildings in accordance with Section of the wall has not less than a 1-hour fire-resis- 706.6.1. tance rating and the entire length and span of sup- 102 2009 INTERNATIONAL BUILDING CODE° FIRE AND SMOKE PROTECTION FEATURES l� 5. In Groups R-2 and R-3 where the entire building is duration of time indicated by the required fire-resistance rat- provided with a Class C roof covering, the exterior ing. wall shall be permitted to terminate attheunderside of 706.3 Materials. Fire walls shall be of any approved the roof sheathing or deck in Type III,IV and V con- struction,provided: noncombustible materials. 5.1. The roof sheathing or deck is constructed of Exception:Buildings of Type V construction. approved noncombustible materials or of 706.4 Fire-resistance rating.Fire walls shall have a fire-resis- fire-retardant-treated wood for a distance of 4 tance rating of not less than that required by Table 706.4. feet(1220 mm);or TABLE 706.4 5.2. The roof is protected with 0.625-inch (16 FIRE WALL FIRE-RESISTANCE RATINGS mm)Type X gypsum board directly beneath GROUP FIRE-RESISTANCE RATING(hours) the underside of the roof sheathing or deck, supported by a minimum of nominal 2-inch A,B,E,H-4,I,R-1,R-2,U 3a (51 mm) ledgers attached to the sides of the F-1,H-3b,H-5,M,S-1 3 roof framing members for a minimum dis- tance of 4 feet(1220 mm). H-1,H-2 46 6. Where the wall is permitted to have at least 25 percent F-2,S-2,R-3,R-4 2 of the exterior wall areas containing unprotected a. In Type II or V construction, walls shall be permitted to have a 2-hour openings based on fire separation distance as deter- fire-resistance rating. mined in accordance with Section 705.8. b. For Group H-1,H-2 or H-3 buildings,also see Sections 415.4 and 415.5. 705.11.1 Parapet construction. Parapets shall have the 706.5 Horizontal continuity. Fire walls shall be continuous same fire-resistance rating as that required for the support- from exterior wall to exterior wall and shall extend at least 18 ing wall, and on any side adjacent to a roof surface, shall inches(457 mm)beyond the exterior surface of exterior walls. have noncombustible faces for the uppermost 18 inches (457 mm),including counterflashing and coping materials. Exceptions: O The height of the parapet shall not be less than 30 inches 1. Fire walls shall be permitted to terminate at the inte- (762 mm) above the point where the roof surface and the rior surface of combustible.exterior sheathing or sid- wall intersect.Where the roof slopes toward a parapet at a ing provided the exterior wall has a fire-resistance slope greater than two units vertical in 12 units horizontal rating of at least 1 hour for a horizontal distance of at (16.7-percent slope), the parapet shall extend to the same least 4 feet(1220 mm)on both sides of the fire wall. height as any portion of the roof within afire separation dis- Openings within such exterior walls shall be pro- tance where protection of wall openings is required,but in tected by openingrotectives having a re rotection no case shall the height be less than 30 inches 762 mm . P g .� P � ( ) rating of not less than 3/4 hour. 2. Fire walls shall be permitted to terminate at the inte- rior surface of noncombustible exterior sheathing, SECTION 706 exterior siding or other noncombustible exterior fin- FIRE WALLS ishes provided the sheathing,siding,or other exterior , 706.1 General.Eachportion of a building separated by one or noncombustible finish extends a horizontal distance more fire walls that comply with the provisions of this section of at least 4 feet(1220 mm)on both sides of the fire shall be considered a separate building.The extent and location wall. of such fire walls shall provide a complete separation.Where a 3. Fire walls shall be permitted to terminate at the inte- fire wall also separates occupancies that are required to be sep- rior surface of noncombustible exterior sheathing arated by afire barrier wall,the most restrictive requirements where the building on each side of the fire wall is pro- of each separation shall apply. tected by an automatic sprinkler system installed in 706.1.1 Party walls.Any wall located on a lot line between accordance with Section 903.3.1.1 or 903.3.1.2. adjacent buildings,which is used or adapted for j oint service 706.5.1 Exterior walls.Where the fire wall intersects exte- between the two buildings,shall be constructed as afire wall rior walls,the fire-resistance rating and opening protection in accordance with Section 706. Party walls shall be con- of the exterior walls shall comply with one of the following: structed without openings and shall create separate build- 1. The exterior walls on both sides of the fire wall shall ings. have a 1-hour fire-resistance rating with 3/,-hour pro- Exception: Openings in a party wall separating an tection where opening protection is required by Sec- anchor building and a mall shall be in accordance with tion 705.8. The fire-resistance rating of the exterior Section 402.7.3.1. wall shall extend a minimum of 4 feet(1220 mm)on each side of the intersection of the fire wall to exterior 706.2 Structural stability. Fire walls shall have sufficient wall.Exterior wall intersections at fire walls that form structural stability under fire conditions to allow collapse of an angle equal to or greater than 180 degrees (3.14 construction on either side without collapse of the wall for the rad)do not need exterior wall protection. '1 2009 INTERNATIONAL BUILDING CODE® 101 MASSACHUSETTS UNIFORM APPLICATION FOR PERMIT TO 00 GASFITTING (Print or Type) NORTH ANDOVER Mass. Date / kuilding Location W,? ±Z 6?rsr Permit # /L ` Ow ers Name J%6 ry ' New '1 Renovation D Replacement Plans Submitted D 9 FIXTUPE� N � N 07 t) Z sL 01 _ a F C W J Of o o to �• re m w d m of IW- d o ° Z t- tL W S W W F G 0. W 4 to W z V W ` df W 4 Q r tu H x W W Cf J d = a m Q a W W V C! rL ZZ_ d W J d a H f- y. b! - W O N = d W > .a W ' Q G d Q O O W '� O W E- a x o 0 Y u. a O ..a 0 tt > Q a 1-- O SU13-11S TAT. BASEMEMT IST FLOOR 2KOFLOOR 3110FLOOR 4TH FLOOR STH FLOOR 6TH FLOOR TTK FLOOR 8TH FLOOR (Print or Type) Check one: Certificate Installing Company Name ANDOVER PLG. & HEATING COCorp. 2122 Address 571- 1/2 SO. UNION ST. Partner. LAWRENCE , MA. 01843 Firm/Co. Business Telephone: 508 685-8383 Name of Licensed Plumber or Gas Fitter GEORGE ) AROSE Insurance Coverage: Indicate the type of insurance coverage by checking the appropriate box: Liability insurance policy 21 Other type of indemnity 0 Bond Insurance Waiver: I , the undersigned, have been made aware that the licensee of this application does not have any one of the above three insurance coverages. Signature of owner/agent of property Owner Agent E i hereby certify that all of the details and information 1 have submitted (or entered)in above application are true and accurate to the best of my krtowtedge and that all plumbing worst and installations perfomsed under"Permit issued fox this application will-be in compliance with all pattncat Provisions of the Massachusetts State Cas Cade and chapter 14:of the General Law&. •.. By PE LICENSE: Plu mber Title Sig lure of Licensed City/Town: ster Plumber or Gasfitter urneyman99R� APPROVED (OFFucE USE ONLY) License Dumber ..—y�.,n L..-.w..•-- t. •,�*i�::4.;(ca.•:+q,�;:✓ _ L..J. net's `�'•._rJs ��:.,�-"W T2187 Date. .yG `. . ... .. .. y r NORTH TOWN OF NORTH ANDOVER � A OF ,e 14, 0� "�.. op PERMIT FOR GAS INSTALLATIONin . g r'f 9SSACHUSEt This certifies that . . L. < <` � /{ .a has permission for gas installation . . (4. . . . . ... . . . . . . .. . . in the buildings of . . . . . . . . at (: . l).?! . . . . . . . . . . .. North Andover, Mass. Fee. . . , .� . Lic. No.? d }. . . . . . . . IIS INSPECTOR WHITE:Applicant CANARY: Building Dept. PINK:Treasurer GOLD:File Date.: .!. . . 942I :y <"O 0':. TOWN OF NORTH ANDOVER o PERMIT FOR PLUMBING 'SSACMUS� This certifies that . xotlo. /LQ?�E'. . . . . . . . . has permission to perform . . ./. / . . . .L . . . . . . . plumbing in the buildings of . fir �Aq4'a f at . . . �. xal�. . . . . . . No h Andover, Mass. Fee. Lic. No.. 1a.l`^.? 7 . ,��. . . . . . . . PLUMBING INS ECTOR Check # MASSACHUSETTS UNIFORM APPLICATION FOR A PERMIT TO PERFORM PLUMBIN G WO' CITY r— . MA. DATE ` PERMIT# JOBSITE ADDRESS, Ctr + OWNER'S NAME POWNER ADDRESS. / ' I --y TEL — 7 FAX TYPE OR OCCUPANCY TYPE: COMMERCIAL❑ EDUCATIO PRINT NAL ❑ RESIDENTIAL CLEARLY NEIN:❑ RENOVATION:[i REPLACEMENT:❑ PLANS SUBMITTED: YES❑ NO ❑ FIXTURES Z FLOOR- BSMT 1 2 3 4 BATHTUB 5 H 7 8 9 10 11 12 13 14 CROSS CONNECTION DEVICE DEDICATED SPECIAL WASTE SYS DEDICATED GASIOILISAND SYS DEDICATED GREASE'SYS DEDICATD GRAY WATER SYS DEDICATED WATER RECYCLE SYS DRINKING FOUNTAIN DISHWASHER FOOD DISPOSER FLOOR/AREA DRAIN INTERCEPTOR INTERIOR KITCHEN SINK LAVATORY ROOF1111 DRAIN SHOWER STALL SERVICE/MOP SINK TOILET URINAL WASHING MACHINE CONNECTION WATER HEATER ALL TYPES WATER PIPING OTHER e move, 1 �- ,� . 4 'UUCE ECOV�E�G � 1 have a current liabilityinsurance policy or its substantias equivalent which meets the requirements of MGL Ch.142, Yes IF YOU CHECKED YES;PLEASE INDICATE THE TYPE OF COVERAGE BY CHECKING THE APPROPRIATE BOX �No E3LIABILITY INSURANCE POLICY OTHERBELOW TYPE OF INDEMNITY ❑ BOND ❑ OWNER'S INSURANCE WAIVER:I am aware.that the licensee OeB not have the Insurance coverage required by Chapter 142 of the Massachusetts General Laws,and that my signature on this permit applicationrily-el this requirement. Sign Ure 2LOwner Owners ent CHECK ONE BOX ONLY: OWNER ❑ AGENT ❑ Ibest Of hereby Certify that all of the details and information 1 have submitted(or entered)regarding this application are true and accurate to the compliance with all Knowledge rtinent provisions of the Mass Massachusetts Stwork and ate Plumbing od er,the permit issued for this 9 � or 142 of the eneral �$Ilcation will be in PLUMBER NAME Daniel Hilnfrae� SIGNATURE' LIC# 10977 MP a JP❑ CORPORATION 0]#_2549 PARTNERSHIP ❑# LLC 0# COMPANY NAM2Turo toco of MA d/bla Roto ADDRESS: 175 Maple Street CITY StoughtonRo ter STATE MA ZIr-Q,1-gq.2- EMAIL da 1.huntress rrsc.com do TEL1aaa7-an181-2a2-a444-X-20210 CELL_7a1 _6n3_sa12 FAX ROUGH PLUMBING INSPECTION NOTES THIS PAGE FOR INSPECTOR USE ONLY FINAL INSPECTION NOTES Yes No THIS APPLICATION SERVES AS THE PERMIT ❑ ❑ j, FEE: g PERMIT# PLAN REVIEW NOTES i r i I �f • 9999 Date......Ja........................ TOWN OF NORTH ANDOVER 44 PERMIT FOR WIRING CM This'certifies that .............................................................. ............................ has permission to perform wiring in the building of...../?o v ..../?ov ........................... ............ ...................... North Andover,Mass. .. ..... ..... E .. . ................ ELEcmCAe,�I-- :;z Imp 16 Check # Commonwealth o f Majeac4ajeth Official Use Only 2perm ., c� cc77 it No,epartment of im Semicea Occupancy and Fee Checked BOARD OF FIRE PREVENTION REGULATIONS [Rev. 1/071 leave blank) APPLICATION FOR PERMIT TO PERFORM ELECTRICAL WORK All work to be performed in accordance with the Massachusetts Electrical Code(MEC),527 CMR 12.00 (PLEASE PRINT IN INK OR TYPE ALL INFORMATION) Date: March 28, 2011 City or Town of: North Andover To the Inspector of Wires: By this application the undersigned gives notice of his or her intention to perform the electrical work described below. Location(Street&Number) 50 Royal Crest Drive Building # 1 through 49 Owner or Tenant Royal Crest Apartments Telephone No. 978-681-1$22 Owner's Address 50 Royal Crest Drive North Andover, MA 01845 Is this permit in conjunction with a building permit? Yes ❑ No Q (Check Appropriate Box) Purpose of Building Commercial -Apartment Buildingsutility Authorization No. Existing Service Amps / Volts Overhead ❑ Undgrd❑ No.of Meters New Service Amps / Volts Overhead❑ Undgrd ❑ No.of Meters Number of Feeders and Ampacity Location and Nature of Proposed Electrical Work: Make repairs to Laundry Rooms as needed for Washer and Dryer Circuits. Completion of the following table maybe waived b the Inspector o Wires. No.of Recessed Luminaires No.of Ceil.-Susp.(Paddle)Fans No.of Total Transformers KVA No.of Luminaire Outlets No.of Hot Tubs Generators KVA No.of Luminaires Swimming Pool Above ❑ In- ❑ o.o Emergency Lighting rnd. rnd. Battery Units 6 No.of Receptacle Outlets No.of Oil Burners FIRE ALARMS No.of Zones No.of Switches No.of Gas Burners No.of Detection and Initiating Devices No.of Ranges No.of Air Cond. Total No.of Alerting Devices Tons No.of Waste Disposers Heat Pum Number Tons KW No.of Self-Contained Totals """""" ........... Detection/Alerting Devices No.of Dishwashers Space/Area Heating KW Local❑ Municipal ❑ Other Connection No.of Dryers Heating Appliances KW Security Systems:* No.of Devices or Equivalent No.of Water Kms, No.o No.o Data Wiring: Heaters Signs Ballasts No.of Devices or Equivalent No.Hydromassage Bathtubs No.of Motors Total HP Telecommunications Wiring: No.of Devices or E uivalent N OTHER: Attach additional detail if desired, or as required by the Inspector of Wires. Estimated Value of Electrical Work: Unkown (When required by municipal policy.) Work to Start: 03/28/2011 Inspections to be requested in accordance with MEC Rule 10,and upon completion. INSURANCE COVERAGE: Unless waived by the owner,no permit for the performance of electrical work may issue unless the licensee provides proof of liability insurance including"completed operation"coverage or its substantial equivalent. The undersigned certifies that such coverage is in force,and has exhibited proof of same to the permit issuing office. CHECK ONE: INSURANCE ® BOND ❑ OTHER ❑ (Specify:) I certify,under thepains andpena/ties ofperjury,that the information on this application is true and complete. FIRM NAME: The Electricians & Co. Inc. LIC.NO.: A10737 Licensee: Michael J. Parziale Signature LIC.NO.: E20269 (If applicable, enter "exempt"in the license number line.) Bus.Tel.No.: 781-322-9344 Address: 50 Branch Street Malden, MA 02148 Alt.Tel.No.: 781-322-3100 *Per M.G.L.c. 147,s.57-61,security work requires Department of Public Safety"S"License: Lie.No. SS c0 001021 OWNER'S INSURANCE WAIVER: I am aware that the Licensee does not have the liability insurance coverage normally required by law. By my signature below,I hereby waive this requirement. I am the(check one)❑owner ❑owner's a ent. Owner/Agent PERMIT FEE. $ Signature Telephone No. The Commonwealth of Massachusetts Department of Industrial Accidents Office of Investigations 600 Washington Street Boston,MA 02111 www.mass.gov/dia Workers' Compensation Insurance Affidavit: Builders/Contractors/Electricians/Plumbers Applicant Information Please Print Legibly Name (Business/Organization/Individual): The Electricians & Co.. Inc Address: 50 Branch Street City/State/Zip: Malden, MA 02148 Phone#: (781) 322-9344 Are you an employer?Check the appropriate box: Type of project(required): 1.® I am a employer with 15 4. ❑ I am a general contractor and I employees(full and/or part-time).* have hired the sub-contractors 6. EJ New construction 2.❑ I am a sole proprietor or partner- listed on the attached sheet. 7. ❑Remodeling ship and have no employees These sub-contractors have g. ❑Demolition working for me in any capacity, employees and have workers' [No workers' comp. insurance comp.insurance. 1 9. EJ Building addition required.] 5• E] We are a corporation and its 10.®Electrical repairs or additions 3.❑ I am a homeowner doing all work officers have exercised their 11.❑Plumbing repairs or additions myself. [No workers' comp. right of exemption per MGL 12 ❑ Roof repairs insurance required.]t c. 152,§1(4),and we have no 13.❑Other employees. [No workers' comp. insurance required.] *Any applicant that checks box 41 must also fill out the section below showing their workers'compensation policy information. T Homeowners who submit this affidavit indicating they are doing all work and then hire outside contractors must submit a new affidavit indicating such. Contractors that check this box must attached an additional sheet showing the name of the sub-contractors and state whether or not those entities have employees. If the sub-contractors have employees,they must provide their workers'comp.policy number. I am an employer that is providing workers'compensation insurance for my employees. Below is the policy and job site information. Insurance Company Name: Hanover Insurance Company Policy#or Self-ins.Lic.#: WH N 6055762 01 Expiration Date: 09/01/2011 Job Site Address: 50 Royal Crest Drive City/State/Zip:_N. Andover, MA 01845 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 MGL 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 ORDER and a fine of up to$250.00 a day against the violator. Be advised that a copy of this statement may be forwarded to the Office of Investigations of the DIA for insurance coverage verification. I do hereby certify under the pains andpenalties ofperjury that the information provided above is true and correct. Signature: PDate: March 28 2011 Phone#: (781) 322-3100 Official use only. Do not write in this area,to be completed by city or town official City or Town: Permit/License# Issuing Authority(circle one): 1.Board of Health 2.Building Department 3.City/Town Clerk 4.Electrical Inspector 5.Plumbing Inspector 6.Other Contact Person: Phone#: r :.��.-.. ......./,!?Date Date.. .... 'i f NORTH " TOWN OF NORTH ANDOVER o PERMIT FOR WIRING ,SS�CMU This certifies that . �!� C has permission to perform . wiring in the building of... .�. �/ ..1� .5. .... (� �,!� ......... 5`O �o� G �/��sT North Andover,Mass. >3. Fee..!/,? Lic.NAD737............ ELECTRICAL INSP9 . Check # 1 2'3? V 926E Commonnueaftli o f/t'/aijachaietti Official Use Only Mao 2epartment of Jire Serviced Permit No. BOARD OF FIRE PREVENTION REGULATIONOccupancy and Fee Checked S [Rev. 1/071 (leave blank) APPLICATION FOR PERMIT TO PERFORM ELECTRICAL WORK All work to be performed in accordance with the Massachusetts Electrical Code(MEC).527 CMR 12.00 (PLEASE PRINT IN INK OR TYPE ALL INFORMATION) Date: February 26, 2010 City or Town of: North Andover To the Inspector of Wires: By this application the undersigned gives notice of his or her intention to perform the electrical work described below. Location(Street&Number) 50 Royal CreSt DriV Owner or Tenant Royal Crest Apartments Telephone No. J78-681-182_2 Owner's Address 50 Royal Crest Drive North Andover, MA 01845 Is this permit in conjunction with a building permit? Yes ❑ No ® (Check Appropriate Box) ,t Purpose of Building Commercial -Apartment Buildingttility Authorization No. Existing Service Amps / Volts Overhead ❑ Undgrd❑ No.of Meters s New Service Amps / Volts Overhead❑ Undgrd ❑ No.of Meters Number of Feeders and Ampacity Location and Nature of Proposed Electrical Work: Add Carbon Monoxide Detector to Buildinas in the Boiler Rooms! Completion Qfthefolloit4ng table may be waived by the Inspector of It fres. No.of Recessed Luminaires No.of Ceil:Susp.(Paddle)Fans No.of Total Transformers KVA No.of Luminaire Outlets No.of Hot Tubs Generators KVA No.of Luminaires Swimming Pool Above El Elo.o mergency Lighting rnd. rnd. Battery Units No.of Receptacle Outlets No.of Oil Burners FIRE ALARMS No.of Zones No.of Switches No.of Gas Burners No.of Detection and 49 InitiatingDevices No.of Ranges No.of Air Cond. Total No.of Alerting Devices Tons g No.of Waste Disposers Heat Pum Number Tons KW No.of Self-Contained S Totals Detection/Alerting Devices No.of Dishwashers Space/Area Heating KW Local❑ Municipal ❑ Other Connection No.of Dryers Heating Appliances Kit Security Systems:* No.of Devices or Equivalent Heaters No.o Water KW No.o o.o Data Wiring: Signs Ballasts No.of Devices or Equi alent No.Hydromassage Bathtubs No.of Motors Total HP Telecommunications Wirin-- No.of Devices or Equivalent OTHER: Attach additional detail ii(desired, or as required by the Inspector of Wires. Estimated Value of Electrical Work: A 2,100.00 (When required by municipal policy.) Work to Start: 2/26/2010 Inspections to be requested in accordance with MEC Rule 10,and upon completion. INSURANCE COVERAGE, Unless waived by the owner,no permit for the performance of electrical work may issue unless the licensee provides proof of liability insurance including"completed operation"coverage or its substantial equivalent. The undersigned certifies that such coverage is in force,and has exhibited proof of same to the permit issuing office. CHECK ONE: INSURANCE ® BOND ❑ OTHER ❑ (Specify:) 1 certify,under the pains and penalties of perjury,that the information on this application is true and complete. FIRM NAME: The Electricians & Co. Inc. LIC.NO.: A10737 Licensee: Michael J. Parziale Signature IC.NO.: E20269 (If applicable,enter "exempt in the License number tine.) Bus.Tel.No.: 781-322-9344 Address: 50 Branch Street Malden, MA 02148 Alt.Tel.No.: 781-322-3100 *Per M.G.L.c. 147,s. 57-61,security work requires Department of Public Safety"S"License: Lic.No. SS CO 001021 OWNER'S INSURANCE WAIVER: I am aware that the Licensee does not have the liability insurance coverage normally required by law. By my signature below,l hereby waive this requirement. I am the(check one)❑owner ❑owner's agent. Owner/Agent Signature Telephone No. PERMIT FEE: $ 125.00 ., �` j � i l i� �. The Commonwealth of Massachusetts Department of Industrial Accidents Office of Investigations i 600 Washington Street Boston,MA 02111 www.mass.gov/dia Workers' Compensation Insurance Affidavit: Builders/Contractors/Electricians/Plumbers Applicant Information Please Print Legibly Name (Business/organization,llndividual): The Electricians & Co., Inc. Address: 50 Branch Street City/State/Zip: Malden, MA 02148 Phone#: (781) 322-9344 f Are you an employer?Check the appropriate box: Type of project(required): 1.® I am a employer with4. F-] I am a general contractor and I --�� - 6. New construction employees(full and/or part-time).* have hired the sub-contractors ❑ 2.❑ 1 am a sole proprietor or partner- listed on the attached sheet. 7. ❑ Remodeling ship and have no employees These sub-contractors have 8. ❑Demolition working for me in any capacity. employees and have workers' 9 ❑Building addition [No workers' comp. insurance comp. insurance.* required.] 5. ❑ We are a corporation and its 10.®Electrical repairs or additions 3.❑ 1 am a homeowner doing all work officers have exercised their 1 l.❑ Plumbing repairs or additions myself. [No workers' comp. right of exemption per MGL 12.❑ Roof repairs insurance required.]t c. 152, §1(4),and we have no q ] ,, employees. [No workers' U.El Other comp.insurance required.] *Any applicant that checks boa 41 must also fill out the section below showing their workers'compensation policy information. Homeowners who submit this affidavit indicating they are doing all work and then hire outside contractors must submit a new affidavit indicating such. +Contractors that check this box must attached an additional sheet showing the name of the sub-contractors and state whether or not those entities have employees. If the sub-contractors have employees.they must provide their workers'comp.policy number. /am an employer that is providing workers'compensation insurance for my employees. Below is the policy and job site information. Insurance Company Name: Hanover Insurance Company Policy#or Self-ins.Lic.#: WHN6055762 ExP iration Date: 09/01/2010 Job Site Address: 5_ O Royal Crpqt nr City/State/Zip:N. Andover, MA 01845 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 MGL 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 ORDER and a fine of up to$250.00 a day against the violator. Be advised that a copy of this statement may be forwarded to the Office of Investigations of the DIA for insurance coverage verification. Ido hereby certi y undo the pains all peg es of perjpry,that the information provided above is true and correct. Si nature: Date: February 26 2010 Phone#: (74 322-3100 Official use only. Do not write in this area,to be completed by city or town official. City or Town: Permit/License# Issuing Authority(circle one): 1.Board of Health 2.Building Department 3.City/Town Clerk 4.Electrical Inspector 5.Plumbing Inspector 6. Other Contact Person: Phone#: 7726 Date.7.`.( . . (. . .. .... . . r i NORTH Of of °` 6 TOWN OF NORTH ANDOVER PERMIT FOR GAS INSTALLATION 9 +' �9SSACHU5' P i. This certifies that t c. �c�•�tlw.. has permission for gas installation in the buildings of . . .k .S-. . . . ... . . . . . . . . . . . . . . . . at . :5. 0. 4.Y .4.C AJ21�7. Of North Andover, Mass. Fee 2 C>§-�v. . Lic. No..- .7. . . . .AT .t, _�/C GAS INSPECTOR Check# :2 -f i o MASSACHUSETTS UNIFORM APPLICATION FOR PERMIT TO DO GAS FITTING City/Town: Am4 Vcz— , MA. Date:- 6o � �" t/ Permit# Sv Building Location: e0y4e-(feE's—, 1>4 VIE Owners Name:_ le6( c Cha Type of Occupancy: Commercial ❑ Educational ❑ Industrial ❑ Institutional ❑ Residential 3� New: ❑ Alteration: ❑ Renovation: ❑ Replacement: ® Plans Submitted: Yes❑ No FIXTURES co Vj to Z W W N U = W m = 0 W W 0 m H 0 = w w O Z Z p w W O ►- 55 w N W m 0 F. W O Q I— > V W Z W W W Z N J W 0 LL = Z W W W O Q w w m j O z 0 cry ~ > Z _ v o o u_ O (7 2 t 0 a. W1-- > > > O SUB BSMT. BASEMENT x� 15T FLOOR 2 No FLOOR 3 Ku FLOOR 4 FLOOR 61H FLOOR -Cff FLOOR T—FLOOR 8 1H FLOOR e Installing Company Name: Check One Only Certificate# Cowtn�tt;2Gl4L ©1LCr� sys i�nS ❑Corporation Address: 61-D Aa4 CT City/Town: Ram gf'OKc � State: X El Partnership Business Tel: 76-1 Zero-4 `Ic1.37 Fax: Z(Fl ?-(7L( -7IdY ❑ Firm/Company Name of Licensed Plumber/Gas Fitter: 171-tL4A pl c I INSURANCE COVERAGE: I have a current liability insurance policy or its substantial equivalent which meets the requirements of MGL.Ch.142 Yes❑ No[I If you have checked Yes,please indicate the type of coverage by checking the appropriate box below. A liability insurance policy ® Other type of indemnity ❑ Bond ❑ OWNER'S INSURANCE WAIVER: I am aware that the licensee does not have the insurance coverage required by Chapter 142 of the Massachusetts General Laws,and that my signature on this permit application waives this requirement. Check One Only Signature of Owner or Owner's Agent Owner El Agent E] By checking this box❑;1—hereby certify that all of the details and information I have submitted(or entered)regarding this application are true and accurate to the best of my Knowledge and that all plumbing work and installations performed under the permit issued for this application will be in compliance with all Pertinent provision of the Massachusetts State Plumbing Code and Chapter 142 of the General Laws. By Type of License: ❑Plumber Title El El Fitter Signature of�Uicenseder/Gas Fitter El Master City/Town 0journeyman License Number: ((QD7 APPROVED OFFICE USE ONLY LP Installer 9024 Datel' � .��.� . . . TOWN OF NORTH ANDOVER PERMIT FOR PLUMBING ,SgACMus This certifies that . . . has permission to perform . -�'.�! r. ..... . . . . . . . . . . . . . . plumbing in the buildings of at . . . . . . . . North ndover, Mass. FeUvC4—� .Lic. No.. 7 . . . . . . K-1 PLUMBING INSPECTOR Check # i MASSACHUSETTS UNIFORM APPLICATION FOR PERMIT TO DO PLUMBING City/Town:_3U &b>& .ee_ MA. Date: Ir Permit# 'S0 Building Location;& Yt4C (2 r bpi Owners NJ26(t.4L C2& Name'; Type of Occupancy: Commercial❑ Educational❑ Industrial❑ Institutional❑ Residential New:❑ Alteration: � ❑ Renovation:❑ Replacement: Plans Submitted: Yes❑ Nog FIXTURES DEDICATED x H z SYSTEMS Ulf > Y 0 V) H Z a r� z F 'Q 77f FN- w ❑ Qw Z cq Z QQ W �' Z C. D: Oz CCiy a Qm mQ o o Fugo2 Y zQu Q 3'5HmO ooo 0 az 2 w w =� o LL ooll Of w a 3 -SUB BSMT. Q 0 0 c9 3 BASEMENT ,IT FLOOR 2"D FLOOR 3RD FLOOR 4'FLOOR ST"FLOOR 6T"FLOOR 7'FLOOR 8T"FLOOR InstallingCompany Name: CywtM E12C/!4L gpt �ys. Check One Only Certificate# Address:—I- a , ❑Corporation aL-7��46�1 S'�City/Town:��yf.(�p� State:l�toQ• ❑Partnership Business Tel ZS-1 Zgy yel�7 Fax:_ "7S/ -Clq 710y ❑Firm/Company Name of Licensed Plumber: INSURANCE COVERAGE: I have a current liability insurance policy or its substantial equivalent which meets the requirements of MGL.Ch.142 Yes❑ No❑ If you have checked Yes,please indicate the.type of coverage by checking the appropriate box below. A liability insurance policy. 14 Other type of indemnity ❑ Bond ❑ OWNER'S INSURANCE WAIVER:I am aware that the licensee does not have the insurance coverage required by Chapter 142 of the Massachusetts General Laws,and that my signature on this permit application waives this requirement. Check One Only Si nature of Owner or Ownees Agent Owner ❑ Agent ❑ hereby certify that all of the details and information I have submitted(or entered)regarding this application are true and accurate to the best of my Knowledge and that all plumbing work and installations performed under the permit issued for this application will be in compliance with all Pertinent provision of the Massachusetts State Plumbing Code and Chapter 142 of the General Laws. By _-FR ype of License: Title ❑Plumber Signature of Licensed PI mber Cityfrown ❑Master APPROVED OFFICE USE ONLY) 1�lourneyman License Number: (lQC�� Peerless VEW BUSINESS �... Insurance +• � Mcmbcr of Llberty Mutual Group EFFECTIVE DATE: 12/23/2010 F ,licy Number: GL 5432321 Prior Policy: Billing Type: DIRECT BILL Coverage Is Provided In PEERLESS INSURANCE COMPANY-A STOCK COMPANY Named Insured and Mailing Address: Agent: TIMOTHY FOLEY SMITH, BUCKLEY& HUNT INSURANC 152 OLDHAM ST E AGENCY, INC C/O COMMERCIAL BOILER SYSTEMS 500 FOREST AVE PEMBROKE MA 02359 BROCKTON MA 02301-5749 Agent Code: 6201120 Agent Phone: (508)-586-5432 COMMON POLICY DECLARATIONS In return for the payment of premium, and subject to all the terms of this policy, we agree with you to provide the insurance as stated-in this policy. POLICY PERIOD: From : 12/23/2010 To: 12/23/2011 at 12:01 AM Standard Time at your mailing address shown above. I FORM OF BUSINESS: INDIVIDUAL BUSINESS DESCRIPTION: PLUMBING N CONTRACTOR rmt policy consists of the following coverage parts for which a premium is indicated.This premium may be subject to adjustment. PREMIUM Commercial General Liability Coverage!e Part INCLUDED Total Premium for all Liability Coverage Parts $ 1 , 157. 00 Terrorism Risk Insurance Act of 2002 and 2005 Coverage $ 15. 00 Total Policy Premium $ 1 , 172. 00 FORMS AND ENDORSEMENTS Forms and Endorsements made a part of this policy at time of issue: Applicable Forms and Endorsements are omitted if shown in specific Coverage Part/Coverage Form Declarations Form Number Description CG2170 -0108 CAP ON LOSSES FROM CERTIFIED ACTS OF TERRORISM CG2176 -0108 EXCL OF PUNITIVE DAMAGES RELEATED TO CERTIFIED ACT IL0003 -0907 CALCULATION OF PREMIUM IL0017 -1198 COMMON POLICY CONDITIONS ;121 -0702 NUCLEAR ENERGY LIABILITY EXCLUSION (BROAD FORM) 17-57 (06/94) INSURED COPY 2/23/2010 5432321 NN195291 2912 Pr;nunAnn .wakog Pr AFPPN rmir,'"s Pam 111 I ~` OTI�MONWEALTFi—�F IVId SSAGHUS TTS PLUMBERS AND GSATTERS LICENSED AS A JOURNEYMAN P UMBER ISSUES THE ABOVE LICENSE TO: { i I 71MOTHY R FOLEY I F. 310 POWELL ST STOUGHTON MA 02072-393 ?:.'; 3160.7 - 05/01/12 . 800768 ! e• CONTROL# G 0 3 3 3 31. IMPORTANT If this license is lost or destroyed, notify your Board at the: `a Division of Professional Licensure, 1000 Washington St., 7th Floor,Boston,MA 02118. ' r k• If your name or address shown is changed, notify your board�f' of correct name or address to insure proper mailing of next Renewal Application: Always refer to your license number. This license is subject to the provisions of the General Laws ' ? as amended. It is a personal privilege,and must not be loaned or assign�,d'to any other person. Keep this license on your person or posted as required by law. 3 r '•i rt 0060 Date........................... AORTf"j, TOWN OF NORTH ANDOVER 0 PERMIT FOR WIRING C H This certifies that ... has permission to perform ...... kl—O/e ...................... ........��.................................. wiring in the building of.... ... . ................. at.,R....4 7.......... Z.Z. North Andover,Mass. ... ..... .... .. ... ... ZJ e Fee..................... —Tic.No.) 7./Y.............. EL ��� RiliCAL INSPECTOR Check 'I .,t Commonwea&o/Maseac4u6etts Official Use Only l c� Permit No. 2eload..t oI Jire Sell iced Occupancy and Fee Checked BOARD OF FIRE PREVENTION REGULATIONS [Rev. 1/071 (leave blank) APPLICATION FOR PERMIT TO PERFORM ELECTRICAL WORK All work to be performed in accordance with the Massachusetts Electrical Code(MEC),527 CMR 12.00 (PLEASE PRINT IN INK OR TYPE ALL INFORMATION) Date: April 27, 2011 City or Town of. North Andover To the Inspector of Wires: By this application the undersigned gives notice of his or her intention to perform the electrical work described below. Location(Street&Number)__50 Royal CreSt Drive Building # 19 and 22 Owner or Tenant Royal Crest Apartments Telephone No. 978-681-1822 Owner's Address 50 Royal Crest Drive North Andover, MA 01845 Is this permit in conjunction with a building permit? Yes ❑ No x❑ (Check Appropriate Box) Purpose of Building Commercial -Apartment BuildingsUtility Authorization No. Existing Service Amps / Volts Overhead ❑ Undgrd❑ No.of Meters New Service Amps / Volts Overhead❑ Undgrd ❑ No.of Meters Number of Feeders and Ampacity Location and Nature of Proposed Electrical Work: Resecure existing Circuits and boxes which are adequate for both building #19 & 22 Laundry Rooms Completion o the followingtable may be waived by the Inspector qf Wires. No.of Recessed Luminaires No.of Ceil:Susp.(Paddle)Fans o.of Total Transformers KVA No.of Luminaire Outlets No.of Hot Tubs Generators KVA No.of Luminaires Swimming Pool Above ❑ In- ❑ No—.—OT-Emergency Lighting rnd. rnd. BatteryUnits No.of Receptacle Outlets No.of Oil Burners FIRE ALARMS No.of Zones No.of Switches No.of Gas Burners No.o etection and Initiating Devices No.of Ranges No.of Air Cond. Total No.of Alerting Devices Tons g No.of Waste Disposers Heat Pum Num er Tons K No.of Self-Contained ..r.................................................... Totals: Detection/Alerting Devices No.of Dishwashers Space/Area Heating KW Local❑ Mumc1pal ❑ Other Connection No.of Dryers Heating Appliances KW SecuritySystems:* No.of Devices or Equivalent No.o Water KW No.of o.o Data Wiring: Heaters Signs Ballasts No.of Devices or E uivalent No.Hydromassage Bathtubs No.of Motors Total HP Telecommunications Wiring: No.of Devices or E uivalent OTHER: Attach additional detail if desired, or as required by the Inspector of Wires. Estimated Value of Electrical Work: A350.00 (When required by municipal policy.) Work to Start: 04/26/2011 Inspections to be requested in accordance with MEC Rule 10,and upon completion. INSURANCE COVERAGE: Unless waived by the owner,no permit for the performance of electrical work may issue unless the licensee provides proof of liability insurance including"completed operation"coverage or its substantial equivalent. The undersigned certifies that such coverage is in force,and has exhibited proof of same to the permit issuing office. CHECK ONE: INSURANCE ® BOND ❑ OTHER ❑ (Specify:) I certify,under the pains and penalties of perjury,that the information on this application is true and complete. FIRM NAME: The Electricians & Co. Inc. P. IC.NO.: A10737 Licensee: Michael J. Parziale Signature C.NO.: E20269 (1f applicable, enter "exempt"in the license number line) 'Aus.Tel.No.: 781-322-9344 Address: 50 Branch Street Malden, MA 02148 Alt.Tel.No.: 781-322-3100 *Per M.C.L.c. 147,s.57-61,security work requires Department of Public Safety"S"License: Lic.No. SS CO 001021 OWNER'S INSURANCE WAIVER: I am aware that the Licensee does not have the liability insurance coverage normally required by law. By my signature below,I hereby waive this requirement. I am the(check one)❑owner ❑owner's a ent. Owner/Agent : Signature Telephone No. PERMIT FEE $ a tot - t9 --2`j cC" 62., r r d The Commonwealth of Massachusetts Department of Industrial Accidents Office of Investigations UF 600 Washington Street Boston,MA 02111 www.mass.gov/dia Workers' Compensation Insurance Affidavit: Builders/Contractors/Electricians/Plumbers Applicant Information Please Print Legibly Name (Business/Organization/Individual): The Electricians & Co., Inc Address: 50 Branch Street City/State/Zip: Malden, MA 02148 Phone#: (781) 322-9344 Are you an employer?Check the appropriate box: Type of project(required): 1.® I am a employer with 15 4. ❑ I am a general contractor and I employees(full and/or part-time).* have hired the sub-contractors 6. F1 New construction 2.❑ I am a sole proprietor or partner- listed on the attached sheet. 7. ❑Remodeling ' ship and have no employees These sub-contractors have g, ❑Demolition working for me in any capacity. employees and have workers' [No workers' comp. insurance comp.insurance. # 9. E]Building addition required.] 5. ❑ We are a corporation and its 10.®Electrical repairs or additions 3.❑ I am a homeowner doing all work officers have exercised their 11.F-1 Plumbing repairs or additions myself. [No workers'comp. right of exemption pet MGL 12 ❑Roof repairs insurance required.]t c. 152, §1(4),and we have no employees. [No workers' 13.❑Other comp.insurance required.] *Any applicant that checks box#1 must also fill out the section below showing their workers'compensation policy information. T Homeowners who submit this affidavit indicating they are doing all work and then hire outside contractors must submit a new affidavit indicating such. $Contractors that check this box must attached an additional sheet showing the name of the sub-contractors and state whether or not those entities have employees. If the sub-contractors have employees,they must provide their workers'comp.policy number. 1 am an employer that is providing workers'compensation insurance for my employees. Below is the policy and job site information. Insurance Company Name: Hanover Insurance Company Policy#or Self-ins.Lic.#: WHN 6055762 01 Expiration Date: 09/01/2011 Job Site Address: 50 Royal Crest Drive City/state/zip:N. Andover, MA 01845 j� 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 MGL 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 ORDER and a fine of up to$250.00 a day against the violator. Be advised that a copy of this statement may be forwarded to the Office of Investigations of the DIA for insurance coverage verification. I do hereby certify under the pains and penalties of perjury tkat the information provided above is true and correct. Si nature: rl/-� Date: Aril 27 2011 Phone#: (781) 322-3100 Official use only. Do not write in this area,to be completed by city or town official. City or Town: Permit/License# Issuing Authority(circle one): 1.Board of Health 2.Building Department 3.City/Town Clerk 4.Electrical Inspector 5.Plumbing Inspector 6.Other Contact Person: Phone#: Date........ � NORTH + TOWN OF NORTH ANDOVER 0 PERMIT FOR WIRING .,S CHUS Thiscertifies that ... . ............................................................................. has permission to perform ......... wiring in the building of........./ !�.,v ...... ............. at... North...OR... h An dover,Mass. Fee.��T'%�.... L i c.N o 41P 7-K7............ .................... ELEc7rRICAL INS;E R, Check # 8679 Oi n 0 Official Use Only C,ornmonwealt�o�fit'/aeeae�u�¢tf,� �^ cc�� cc77 � -72i eparlment o/.}ire Permit No. � �ervicea Occupancy and Fee Checked BOARD OF FIRE PREVENTION REGULATIONS [Rev. 1/07] (leave blank) APPLICATION FOR PERMIT TO PERFORM ELECTRICAL WORK All work to be performed in accordance with the Massachusetts Electrical Code(MEC),527 CMR 12.00 (PLEASE PRINT IN INK OR TYPE ALL INFORMATION) Date: April 2, 2009 City or Town of: North Andover To the Inspector of Wires: By this application the undersigned gives notice of his or her intention to perform the electrical work described below. Location(Street&Number) 50 RoyaI CreSt DrIVe 13Umld*na # 25 owner or Tenant Royal Crest Apartments Telephone No. 978-681-1822 Owner's Address 50 Royal Crest Drive North Andover, MA 01845 Is this permit in conjunction with a building permit? Yes ❑ No ® (Check Appropriate Box) Purpose of Building Commercial -Apartment Buildings Utility Authorization No. Existing Service Amps / Volts Overhead ❑ Undgrd❑ No.of Meters New Service Amps / Volts Overhead❑ Undgrd ❑ No.of Meters Number of Feeders and Ampacity Location and Nature of Proposed Electrical Work: Make repairs to service y Completion of the following table may be waived by the Inspector of Wires. No.of Recessed Luminaires No.of CeilSusp.(Paddle)Fans No.of Total : Transformers KVA No.of Luminaire Outlets No.of Hot Tubs Generators KVA No.of Luminaires Swimming Pool rnd. r ove ❑ n ❑ o.o nd. Batte Units cy ighting No.of Receptacle Outlets No.of Oil Burners FIRE ALARMS I No.of Zones No.of Switches No.of Gas Burners o.of Detection and Initiating Devices No.of Ranges No.of Air Cond. Total No.of Alerting Devices g Tons No.of Waste Disposers eat ump Number Tons o.of el-Contained e p Totals: Detection/Alerting Devices No.of Dishwashers Space/Area Heating KW Local❑ Municipal ❑ Other Connection No.of Dryers Heating Appliances KW Security ystems:* �' No.of Devices or E uivalent No.of Water KWo.of No.of Data Wiring: Heaters Signs Ballasts I No.of Devices or Equivalent No.Hydromassage Bathtubs No.of Motors Total HP Telecommunications irmg: No.of Devices or E uivalent OTHER: Attach additional detail if desired,or as required by the Inspector of Wires. Estimated Value of Electrical Work: $ 1,200.00 (When required by municipal policy.) Work to Start: 3131/2009 Inspections to be requested in accordance with MEC Rule 10,and upon completion. INSURANCE COVERAGE: Unless waived by the owner,no permit for the performance of electrical work may issue unless the licensee provides proof of liability insurance including"completed operation"coverage or its substantial equivalent. The undersigned certifies that such coverage is in force,and has exhibited proof of same to the permit issuing office. CHECK ONE: INSURANCE ® BOND ❑ OTHER ❑ (Specify:) I certify,under the pains and penalties of perjury,that the information on this application is true and complete. FIRM NAME: The Electricians & Co. Inc. LIC.NO.: A10737 Licensee: Wayne Morganti Signature LIC.NO.: E28407 (If applicable,enter "exempt"in the license number line.) Bus.Tel.No.: 781-322-9344 Address: 50 Branch Street Malden, MA 02148 Alt.Tel.No.: 781-322-3100 *Per M.G.L.c. 147,s.57-61,security work requires Department of Public Safety"S"License: Lic.No. SS CO 001021 OWNER'S INSURANCE WAIVER: 1 am aware that the Licensee does not have the liability insurance coverage normally required by law. By my signature below,I hereby waive this requirement. I am the(check one)❑owner ❑owner's a ent. Owner/Agent Signature Telephone No. PERMIT FEE: $ 55.00 i K r �� � , ��� 1 � pORTh q O �t�eo 6• ti0 I- A 1� eya we«¢i�K« 1. ATE D ��SSACHUS BUILDING DEPARTMENT (ommunity Development Division The Planning & Zoning Resource Corporation 100 NE 5h Street Oklahoma City, Oklahoma 73104 Attn: Brandi Trogdon April 9. 2009 Re: 49105-1 Royal Crest Estates 50 Royal Crest Drive 1. The current zoning for Royal Crest Estates, (Map 25, Parcels 35 & 66) is Residential—5 (R-5). There are no overlay or restrictive districts that apply to Royal Crest,which is at the intersection of state routes 125 & 114. 2. Section 4, Paragraphs 4.124.14 & 4.124.17 (Residential 5's Buildings and Uses Permitted) of the North Andover Zoning Bylaw state: Town houses and Multi-family dwellings are allowed by right. 3. Royal Crest was not developed as a Planned Unit Development. 4. The files show no violations of Building Codes or Zoning Bylaws. 5. The project was constructed between 1969 and 1971. There are few, if any, building files that are 40 years old. Therefore,we are unable to locate Certificates of Occupancy for this Project. Current files show some kitchen remodels, plumbing, and electrical permits. 6. The Zoning Bylaw is available through both the Planning and Zoning Board home pages in the Town's web site, www.townofnorthandover.com. 7. The September 2007 copies of the relevant Zoning Bylaw, Zoning Tables, Footnotes, Zoning Map and property cards are unchanged as far as Royal Crest is concerned. The tax map format has changed so tax maps 25 and 47 are included(the bulk of parcel 66 is on tax map 47). Sincerely, Gerald A. Brown, Inspector of Buildings/Zoning Enforcement Officer cc: file 1600 Osgood Street,Building 20,Suite 2-36,North Andover,Massachusetts 01845 Phone 978.688.9545 Fax 978.688.9542 Web www.townofnorthandover.com NORT1� OF�t�ec 6q�0 6 OL O < A n ea^ � Oqq<ocwa iwa.`1• �9SSACHUS���y BUILDING DEPARTMENT (ommunity Development Division Planning&Zoning Resource Corporation 100 NE 5t` Street Oklahoma City, Oklahoma 73104 Attn: Kelli Robertson April 9. 2009 Re: 49105-1 Royal Crest Estates 50 Royal Crest Drive Certificate of Occupancy Information: 4The absence of a Certificate of Occupancy for this Project will not give rise to any enforcement action affecting the Project. A Certificate of Occupancy for this Project will only be required to the extent of any new construction activity (such as restoring, renovating or expanding the Project or any part thereof). Site Plan: 1. The above site was constructed with site plan approval. 2. Copies should be available at the: Essex North Registry of Deeds 354 Merrimack Street Suite 304 (Entry C) Lawrence, MA 01843 Tel: 978-683-2745 Fax: 978-681-5409 http://www.sec.state.ma.us/rod/rodnrthessex/nrthessexidx.htm Sincerely, Gera d A. Brown, Inspector of Buildings/Zoning Enforcement Officer cc: file 1600 Osgood Street,Building 20,Suite 2-36,North Andover,Mossachusetts 01845 Phone 978.688.9545 Fax 978.688.9542 Web www.town0northandover.com � NORTh q p tt�ao ,ba6�o0 ��SSAreo CHUS BUILDING DEPARTMENT (ommunity Development Division Re-examining Royal Crest Drive files 4-9-09 ca. 12 minutes 12 minutes @ $100.00/hr. = $20.00 for researching Royal Crest. Please write check to: Town of North Andover and send to: Town of North Andover Building Department 1600 Osgood Street Building 20, Suite 2-36 North Andover, MA 01845 1600 Osgood Street,Building 10,Suite 2-36,North Andover,Massachusetts 01845 Phone 978.688.9545 Fax 978.688.9541 Web www.townofnorthandover.com Page 1 of 2 Brown, Gerald From: Brown, Gerald Sent: Friday,April 10, 2009 9:50 AM To: 'Kelli Robertson' Subject: RE: Updated Zoning Information for 50 Royal Crest Drive Attachments: Zoning analysis Royal Crest 4-9-09.pdf; tax maps 25&47.pdf From: Kelli Robertson [mailto:Kelli.Robertson@pzr.com] Sent: Wednesday, April 08, 2009 11:34 AM To: Brown, Gerald Subject: FW: Updated Zoning Information for 50 Royal Crest Drive Importance: High Mr. Brown, We have yet to receive a response regarding the status of the zoning verification letter and certificate of occupancy information we requested. Please provide a status update, our client's closing deadline is quickly approaching and we need this information as soon as possible. Thanks! Kelli Robertson Document Acquisition Client Manager The Planning and Zoning Resource Corporation 100 NE 5th Street Oklahoma City, Oklahoma 73104 Phone: (800) 344-2944 ext. 3341 Fax: (405)418-2283 From: Brandi Trogdon Sent: Monday,April 06, 2009 9:08 AM To: Kelli Robertson Subject: FW: Updated Zoning Information for 50 Royal Crest Drive See below. Brandi Trogdon Client Manager/Zoning Analyst Planning and Zoning Resource Corporation 100 NE 5th Street Oklahoma City, Oklahoma 73104 Phone: (800) 344-2944, Extension 3339 Fax: (405)418-2282 From: Brandi Trogdon Sent: Friday, April 03, 2009 10:21 AM To: 'gbrown@townofnorthandover.com' Subject: FW: Updated Zoning Information for 50 Royal Crest Drive Mr. Brown, Can you advise regarding the status of the above referenced zoning verification letter request? 4/10/2009 rnk=iiE���e$--a&>< eg�a��€@%) 1460 eilrRiz Page 2 of 2 Thanks! Brandi Trogdon Client Manager/Zoning er/Zonin C g g Analyst Planning and Zoning Resource Corporation 100 NE 5th Street Oklahoma City, Oklahoma 73104 Phone: (800) 344-2944, Extension 3339 Fax: (405)418-2282 From: Brandi Trogdon Sent: Monday, March 23, 2009 9:14 AM To: 'gbrown@townofnorthandover.com' Subject: FW: Updated Zoning Information for 50 Royal Crest Drive Mr. Brown, I wanted to touch base and confirm you received my updated zoning verification letter request for 50 Royal Crest Drive. Please reply to confirm receipt, advise regarding timing and indicate if a fee is necessary. Thanks! Brandi Trogdon Client Manager/Zoning Analyst Planning and Zoning Resource Corporation 100 NE 5th Street Oklahoma City, Oklahoma 73104 Phone: (800) 344-2944, Extension 3339 Fax: (405)418-2282 From: Brandi Trogdon Sent: Friday, March 20, 2009 11:20 AM To: 'gbrown@townofnorthandover.com' Subject: Updated Zoning Information for 50 Royal Crest Drive Mr. Brown, Please find attached a request for Zoning Information for 50 Royal Crest Drive. You prepared a zoning letter for this property back in 2007. If the information is still current, feel free to simply change the date on the zoning letter, complete the Certificate of Occupancy form letter and fax both back to my attention. Please respond to confirm you received this request, advise regarding timing and provide information regarding the fee to update the 2007 letter. 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Legend Town of North Andover ';.� moi. .PRFs wen l,em.Nd�ro..e...d m.Fe,P Pie. n.aa.R�a,n,,xoo] G mP�w em ^.nm deu.,d.ew�e.sebke sse.n..e.,� ruxe�m� Mod:una�a RPan Board of Assessors ,' mom �"- 25 Rbm MPP Prepvea 9Y Pvu4 Rei line Fiscal Year 2008 Property Maps(as of January 1,2007) Uvn Wcn°pva.w�PP9enq NefMdNvi r'1"A.'+!p..lyd7:T d Feel 'aO Mn a.moe WVPWmNp ccnmtlsEon.Ne Twin olMa e - - PS ,70 340 610 680 950 1,020 1,190 1,360 3,530 1,]00 wined Erave+aglked EmNonlµrW NlebcTµu L3. 56 1.59 IA 1.1.4 I.1 A ss' s 49 0811 7841 S mi 38768 S 50 276S xsus s G .e .41 A blu i�9 39 1 60C 13068S 124 ; 1s;1a 60 145 up24 29 S 1'(• 13939 S +u• �xr 11• 47 28314 S I.09 A 1 10019S 13068S 20 9148S 10454S 129• 43560 S 17424 m5 1�" iu9w 431245 29 ,ez9s ass 117615 126 127 L s 7 15 uy A 83 36 35 348844 8 S 31363S 17026S 147 9.31 A 24829 12632 S �3 S 10019 S ale pjV enue 13E136 29621 S 146 12 g. 18 OSed+ 159' 12 17860S 33541 S �� 13504S 37 8276 S �e'�Ue 4 8 038 11 13068 S 13 583S y pe 13068 S 10 10019 S 16117 5 c r 11326S O<Ya' 34 137 I W 1 9 S `' 3 30928S 39 1045 S sag 14 s"4B19166 S 09099. 10454S 23 414 26136S 92 17 39 0 20909 S 35 2.36a c 33 27878 S m w 30056S i G 24 134 20473 S ,IS 36 12A 32234 S 29 SV 17424S 17 _ 25265 S � III S 19 `'30 >w s 191 116 61 8.91 A Nd 17424S ua 8 36155S .7O 110 s 117 60 62 18731S .O 4B 12632 S 16553S u' 23087S 14375 S ' S9 66 118 19602S �- 63 42.18 A 126 0 S 4:s 9 9583S 58 ",81 . 13068S 41 - s _ 26136S 13068S '@. 64 1219"1 S 22 82 12632 S " ,9 .C,e ro 12632S 80 12632 S 12632 S tis+ r'�< sm' 57 d 65 Mel "2 21 09 e`j1 126 Iso 125 2L780 S 83 88 12632S (34 QOa Q 26 14810 S Oa< - s z,16988 S 19166 S 12632S 12632S 25 11326S � 173 - 144 84 66 24 10454 S 35 S ' 8 CONDO 12632S 12632S s�^79 12632S 23 10890 S 12632S �. 10 Wo S 28 2 56 � 86 .a "167 1_02 A 13068 12632S- 12632 S 's 89 12632S S > - s 145 y 143 40 12632 S 78 12632 S 22 146 CONDO CONDO 85 g s 68 41 CONDO F' 55 12632S GOS 941 1.13 A ON12632 S 35284 S 147 y 12632 5 98 29 CONDO U 12632 S y 12632S 16553S '� aCDo `s <1Ve E 142 91 97 rAE'O 69 6 e� m R CONDO 34 12632 S 77�' J, 12632 S 7860 40 j6 ap C t� 139 Z 12632 S 13068 S 13939S r � «+ $ 92 d 70 9onDO 7860S 32 138 12632 S .0 r 13068 S 96 99 76 �e1� 12632 S 28750S 25 2� 11 cnnDo 141 93 (2632 S 12632S 13504S >✓d 'a 14, 33106 S 22651S CONDO a 12632 S 95 4. 1 W � 71 13939S $ .g. 12632S 75 13504S Qe. �� 19 140 12632 S 213-44S 12632 S 106 5213068 S 12632 S 72 22216S 105 101 74 b. 14375 S 26 .¢.o 13939 S 12632S - 14375S 151 S Ll l A 18 35 1741 S`J• 131 102 07 S 135 14 24829 S 6 2.42 A A ¢ 73 12632 S1 a 4 LSU ;V'la 47 31363S 50 108 104 13504S 13504 S 7 5 270 7 S 3 14375 S 149 Niap 24 x7925 14375 S 14375 S ,as 21780 S ep 009 13 8t 13504 S'" 5E 80�. ss 12632 S 14\17860S 56.13 A opo H 111, <T n 27443 S 10019 S 12197 S NOtOo MAP REVISION DATE Town of North Andover �a:�.��.:•�g Legend Board of Assessors �7 ,'.-`r`A,`*;;'i°"``'°'='1`T"•`�'"°^ Fiscal Year 2008 Property Maps(as of January 1,2007) +° 0�xaw max, s. anu.,tos °o wP� ME�mi�G �dN UG 0 <5 90 180 Z)0 360 450 540 610 J30 910 90F,w v,m°3"oa 9,x108 Commercial Property Record Card PARCEL ID:210/025.0-0035-0000.0 MAP:025.0 BLOCK:0035 LOT:0000.0 PARCEL ADDRESS:28 ROYAL CREST DRIVE FY:2009 PARCEL INFORMATION Use-Code: 112 Sale Price: 93,456,000 Book: 07042 Road Type: T. Inspect Date: 05/04/2006 T Tax Class: _ Sale Date. 08/28/02 Page: 0122 Rd Condition: PMeas Date: 05/04/2006 Owner: _ . Tot Fin Area 3416'10 __Sale Type _ Cert/Doc: _,. T __ `_Traffic,. '�Traff�c: M aEntrance. C AIMCO/TTA MS235 Tot Land Area: 34.00 Sale Valid. R Water: __ _ __ _ Collect Id: RRC Address: - - - -- P.O. BOX 111397 Grantor: FLATLEY;:THOMAS r Sewer _ Inspect:Reas: C CARROLLTON TX 75011-1397 Exempt-B/L% / Resid-B/L%a 100/100 Comm-B/LP/e Indust-B/L% / Open Sp-B/L% / COMMERCIAL SECTIONS/GROUPS LAND INFORMATION Section: ID: 101 Use-Code: 112 NBHD CODE: 33 NBHD CLASS: 3 ZONE: R5 Se .. Type Code`'7-Methdd -S `Ft-_Acres ._ Influ Y/N Value Class Category :.,Grnd-FI AreaStory,Height Bldg-Class Yr-Built Eff-YrBwlt Cost Bldg _ g Yp , „ q- 1 5008 -+% 3.0 C 1970 _ 1981 856,400 1 P 112 S 1481040 34.000 f 6,664,680 Groups: DETACHED STRUCTURE INFORMATION Id Cd B-FL-A Firs Unt Str Unit `Msr-1' Msr-2 E-YR-Blt Grade Cond%Good PIF/E/R. Cost Class 1 112 5008 3 12 AS S 81600 0.00 1985 A _, A+ 50///50 88,500 3 Section: ID: 102 Use-Code: 112 GR S 918 0.00 1981 A A ///84 26,100 Category Grnd-Fl-Area Story Height Bldg-Class Yr-Built Eff-Yr-Built Cost Bldg CY S 3600 0.00 1981 A A 50///50 42,100 1 5184 3.0 C 1970 1981 886,500 G1 S 2296 0.00 2000 A A ///96 56,300 1 Groups: TC C 1 0.00 1981 A A ///84 27,000 3 Id Cd B-FL-A Firs Unt SB S 60 0.00 1972 A A ///76 11,100 3 1 112 5184 3 12 VALUATION INFORMATION Current Total: 26,980,800 Bldg: 20,316,100 Land: 6,664,700 MktLnd: 6,664,700 Section: ID: 103 Use-Code: 112 Prior Total: 26,980,800 Bldg: 20,316,100 Land: 6,664,700 MktLnd: 6,664,700 Category 'Grnd-Fl-Area Story Height Bldg-Class Yr=Bwlt " Eff-Yr Built Cost Bldg 1 5184 3.0 C 1970 Y' " 1981 886,500 Groups: Id Cd B-FL-A Firs Unt 1 112 5184 3 12 Section: ID: 104 Use-Code: 112 Category G Grnd-Fl-Area Story He1.ight Bldg-Class Yr-Built .�.- Yr Eff- Built ost.Bldg 1 5184 3.0 C 1970 1981 886,500 Groups: Id Cd B-FL-A Firs Unt 1 112 5184 3 12 Section: ID: 105 Use-Code: 112 Category .,`Grnd-Fl-Area Story Height Bldg-Class Yr-Built Eff-Yr-Built Cost Bldg 1 5184 3.0 C �1970 19, 811 886,500 Groups: Id Cd B-FL-A Firs Unt 1 112 5184 3 12 Section: ID: 106 Use-Code: 112 Category Grnd-Fl-Area Story Height Bldg-Class Yr-Bailt- Eft-Yr-Built:Cost Bldg 1 5184 3.0 C 1970 1981 886,500 Groups: Id Cd B-FL-A Firs Unt 1 112 5184 3 12 Section: ID: 107 Use-Code: 112 Parcel ID:210/025.0-0035-0000.0 as of 4/9/09 Page 1 of 4 Commercial Property Record Card PARCEL ID:210/025.0-0035-0000.0 MAP:025.0 BLOCK:0035 LOT:0000.0 PARCEL ADDRESS:28 ROYAL CREST DRIVE FY:2009 Category ,Grnd-Fl-AreaStory m Height Bldg-Class_Yr-Built Eff-Yr Built.Cost Bldg' 1 5203 3.0 C 1969 1981 889,860 Groups: Id Cd B-FL-A Firs Unt 1 112 5203 3 12 Section: ID: 108 Use-Code: 112 Category Grnd-F1-Area Story Height Bldg-Class Yr-Built Eff-Yr-Built Cost Bldg 1 5203 3.0 C 1969 1981 889,800" Groups: Id Cd B-FL-A Firs Unt 1 112 5203 3 12 Section: ID: 109 Use-Code: 112 Category:`. Grnd-Fl-Area Story Height Bldg-Class Yr-Built Eff.YW-Built Cost Bldg 1 5203 3.0 C% 1969 1981 889,860 Groups: Id Cd B-FL-A Firs Unt 1 112 5203 3 12 Section: ID: 110 Use-Code: 112 Category ' Grnd-Fl-Area Story Height Bldg-Class Yr-Built —Eft-Yr Buiit'`Cost Bldg 1 5203 3.0 C 1969 1981 889,800 Groups: Id Cd B-FL-A Firs Unt 1 112 5203 3 12 Section: ID: 111 Use-Code: 112 Category .Grnd-F1-Area Story Height Bldg-Class Yr-Built Eff-Yr Built.Cost Bldg 1 5203 3.0 C 1969 1981 889,800 Groups: Id Cd B-FL-A Firs Unt 1 112 5203 3 12 Section: ID: 112 Use-Code: 112 Category Grnd=Fl-Area Story Height Bldg-Class Yr-Built Eff-Yr-Built.Cost Bldg 1 5203 3.0 C 1969 1981 m 889,800 Groups: Id Cd B-FL-A Firs Unt 1 112 5203 3 12 Section: 113: 113 Use-Code: 112 CategoryGrnd-Fl-Area StoryHeightBldg-Class Yr-Built Eff-Yr Built Cost Bldg 1 5203 3.0 C 1969 1981 889,800 Groups: Id Cd B-FL-A Firs Unt 1 112 5203 3 12 Section: ID: 114 Use-Code: 112 CategoryynGrnd-Fl-AreaStory Height Bldg-Class Yr-Built_ Eff-Yr-Built Cost Bldg 1 5150 3.0 C 1969 1981 880,700 Groups: Id Cd B-FL-A Firs Unt Parcel ID:210/025.0-0035-0000.0 as of 4/9/09 Page 2 of 4 Commercial Property Record Card PARCEL ID:210/025.0-0035-0000.0 MAP:025.0 BLOCK:0035 LOT:0000.0 PARCEL ADDRESS:28 ROYAL CREST DRIVE FY:2009 1 112 5150 3 12 Section: ID: 115 Use-Code: 112 Category Grnd-Fl-Area Story Height Bldg-Class Yr-Built Eff-Yr-Buiit Cost Bldg 1 5150 3.0 C 1969 1981 880,700 Groups: Id Cd B-FL-A Firs Unt 1 112 5150 3 12 Section: ID: 116 Use-Code: 112 Category Grnd-Fl-Area Story Height Bidg-Class Yr-Built Eff-Yr Built Cost Bldg 1 5150 3.0 C 1969 1981 880,700 Groups: Id Cd B-FL-A Firs Unt 1 112 5150 3 12 Section: ID: 117 Use-Code: 112 Category LL Grnd-Fl-Area Story Height Bldg-,Class Yr-Built Eff-Yr-Built Cost Bidg 1 5150 3.0 C 1969 1981 880,700 Groups: Id Cd B-FL-A Firs Unt 1 112 5150 3 12 Section: ID: 118 Use-Code: 112 Category Grnd-Fl-AreaStory Height Bldg-Class Yr-Built Eff-Yr Built;Cost Bldg 1 5150 3.0 C 1969 .E 1981 925,300 Groups: Id Cd B-FL-A Firs Unt 1 112 5150 3 12 Section: ID: 119 Use-Code: 112 Category Grnd=FkArea Story Height Bldg=Class Yr-Built Eff-Yr-Built Cost Bldg 1 _ 5150 3.0 C 1969 1981 925,300 Groups: Id Cd B-FL-A Firs Unt 1 112 5150 3 12 Section: ID: 120 Use-Code: 112 Category '.Grnd-Fl-Area Story Height Bldg Class Yr-Built Eff-Yr-Built Cost Bldg 1 5207 3.0 C 1969 1981 935,600 Groups: Id Cd B-FL-A Firs Unt 1 112 5207 3 12 Section: ID: 121 Use-Code: 112 Category Grnd=Fl-Area Story Height Bidg-Class Yr-Built Eff-Yr-Built Cost Bldg" 1 5207 3.0 C 1969 1981 935,600 Groups: Id Cd B-FL-A Firs Unt 1 112 5207 3 12 Section: ID: 122 Use-Code: 112 Category. Grnd-F1-Area Story Height Bldg-Class Yr-Built Eff-Yr-Built Cost Bldg Parcel ID:210/025.0-0035-0000.0 as of 4/9/09 Page 3 of 4 Commercial Property Record Card PARCEL ID:210/025.0-0035-0000.0 MAP:025.0 BLOCK:0035 LOT:0000.0 PARCEL ADDRESS:28 ROYAL CREST DRIVE FY:2009 1 5207 3.0 C 1969 1981 935,600 Groups: Id Cd B-FL-A Firs Unt 1 112 5207 3 12 SKETCH PHOTO 96 12 33ggggK 12 500--8 Sq.FtM-10 Pilictur 26 2E 12 12 Ave �wo rg q.Ft Parcel ID:210/025.0-0035-0000.0 as of 4/9/09 Page 4 of 4 Commercial Property Record Card PARCEL ID:210/025.0-0066-0000.0 MAP:025.0 BLOCK:0066 LOT:0000.0 PARCEL ADDRESSA ROYAL CREST DRIVE FY:2009 PARCEL INFORMATION Use-Code: 112, T-Sale Price: 93,456,000 Book: 07042 Road Type: T . Inspect Date. Tax Class: T Sale Date 08/28/02 Page 0122 Rd Condition: P Meas Date. Owner: Tot Fin Area: 447566 Sale Type: " Cert/Doc- -7- Traffic M Entrance AIMCO/TTA MS 235 _ Tot Land Area: 42.18 Sale Valid: R _ Water: _ Collect Id: Address: �_.. ._._ _. P.O. BOX 111397 Grantor: FLATLEY,THOMAS ' Sewer: Inspect Reas, CARROLLTON TX 7501 1-1 397 Exempt-B/L% / Resid-B/L%a 100/100 Comm-B/LP/o Indust-B/L% / Open Sp-B/L% / COMMERCIAL SECTIONS/GROUPS LAND INFORMATION Section: ID: 101 Use-Code: 112 NBHD CODE: 33 NBHD CLASS. 3 ZONE: R5 Category ".Grnd49rAreaStoryHeight'Bldg-Class Yr-Built Eff-Yr-Built-Cost Bldg Seg Type Code', Methodm,Sq-Ftv Acres' —lnflu-Y/N ' Value Class 1 5008 3.0 C' _. 1971 1981 r..870,500 1 P 112 S 1837361 42.180 y" 8,268,124 Groups: DETACHED STRUCTURE INFORMATION Id Cd B-FL-A Firs S 12 1 112 5008 3 12 tr Unit_Mir-11, Msr-2 E=YR- Grade.0 %Good NNE/11 Cost Class` AS S 4 84000 0.00' Blt ond P/ 1981 _ A _ .,,..A 50///50� ._ �91,100 3` Section: ID: 102 Use-Code: 112 PV S 2855 0.00 1981 A A 50///50 48,800 Category Grnd+i-Area Story. Hei ht Bld Class Yr-Built, Eff-Yr-Built Cost Bld TC C 2 0.00 1981 A A ///84 54,100 g g g ' G1 S 576 0.00 1981 A A 50///50 8,600 1 5008 3.0 C 1971 1981 870,500 Groups: G1 S 2189 0.00 2002 A A 50///50 28,000 Id Cd B-FL-A Firs Unt. OT C 1 0.00 1981 A A ///100 5,000 1 112 5008 3 12 G1 S 1788 0.00 1975 A A 50///50 22,800 3 G1 S 2552 0.00 1981 A A ///84 54,800 3 Section: ID: 103 Use-Code: 112 G1 S 2236 0.00 1981 A A ///84 48,000 3 Category,,- Grnd-Fl-Area$tory Height'Bldg-Class Yr-Built _Eff-Yr-Built Cost BldgG1 S 2552 0.00 1981 A A ///84 54,800 3.._; 6440 3.0 C 1971 1981 1,085,500 G1 S 2552 0.00 1981 A A ///84 54,800 3 1 Groups: VALUATION INFORMATION Id Cd B-FL-A Firs Unt Current Total: 33,157,000 Bldg: 24,888,900 Land: 8,268,100 MktLnd: 8,268,100 1 112 6440 3 12 Prior Total: 33,157,000 Bldg: 24,888,900 Land: 8,268,100 MktLnd: 8,268,100 Section: ID: 104 Use-Code: 112 Category y`Grnd-1171-Area Story Height Bldg®Class Yr-Built ' Eff-Yr-Built Cost Bldg 1 5008 3.0 C 1971 ' 1981 870,500 Groups: Id Cd B-FL-A Firs Unt 1 112 5008 3 12 Section: ID: 105 Use-Code: 112 Category -Grnd-Fl-Area'Story Height Bldg-Class Yr-Built Eff-Yr Built:Cost Bldg 1 5008 3.0 C 1971 1981 " '8701500 Groups: Id Cd B-FL-A Firs Unt 1 112 5008 3 12 Section: ID: 106 Use-Code: 112 Category Grnd-Fl Area Story Height Bldg-C{ass Yr=Built Eff-Yr-Built Cost Bldg 1 6431 3.0 C _1911 1981 11084,000 _ Groups: Id Cd B-FL-A Firs Unt 1 112 6431 3 12 Section: ID: 107 Use-Code: 112 Parcel ID:210/025.0-0066-0000.0 as of 4/9/09 Page 1 of 5 Commercial Property Record Card PARCEL ID:210/025.0-0066-0000.0 MAP:025.0 BLOCK:0066 LOT:0000.0 PARCEL ADDRESSA ROYAL CREST DRIVE FY:2009 Category Grnd-F1-Area Story.Height Bldg-Class'Yr-Built Eff-Yr-Built Cost Bldg; 1 5008 3.0 C 1971 1981 . 870,500 Groups: Id Cd B-FL-A Firs Unt 1 112 5008 3 12 Section: ID: 108 Use-Code: 112 Category Grnd-F1-Area Story Height Bldg-Class Yr-Built Eff-Yr-Built Cost Bldg 1 6431 3.0 C 1971 1981 1,084,000 Groups: Id Cd B-FL-A Firs Unt 1 112 6431 3 12 Section: ID: 109 Use-Code: 112 Category Grnd-Fl-Area Story,;Height Bldg-Class Yr-Built W-Yr-Built Cost Bldg 1 6340 3.0 C 1971 11081 1,068,600 Groups: Id Cd B-FL-A Firs Unt 1 112 6340 3 12 Section: ID: 110 Use-Code: 112 Category Grnd-F1-Area Story Height'Bldg-Class Yr-Built Eff-Yr-Built-Cost Bldg 1 6340 3.0' C 1971 1981 1,068,600 Groups: Id Cd B-FL-A Firs Unt 1 112 6340 3 12 Section: ID: 111 Use-Code: 112 Category ' Grnd-Fl-AreaStory Height'Bldg-Class Yr-Built Eft-yr-Built Cost Bldg 6340 3.0, _ C. 1971 1981.. . .... 81,068,600 .. Groups: Id Cd B-FL-A Firs Unt 1 112 6340 3 12 Section: ID: 112 Use-Code: 112 Category,: Grnd-Fl-Area Story Height Bldg-Class Yr-Built Eff-Yr-Built Cost Bldg 1 6340 3.0 C 1971 1981 11068,600 Groups: Id Cd B-FL-A Firs Unt 1 112 6340 3 12 Section: ID: 113 Use-Code: 112 Category ."Grnd-F1-Area Story Height_Bldg-Class Yr-Built Eff-Yr Built'Cost Bldg 1 5008 3.0 C 1971 1981 870,500 Groups: Id Cd B-FL-A Firs Unt 1 112 5008 3 12 Section: ID: 114 Use-Code: 112 Category Grnd-Fl-Area Story Height Bldg-Class Yr-Built EO-Yr-Bullt Cost Bldg 1 8 500 . : 3.0 C m... , 1971 198.1 .. :. 889,900-- Groups: Id Cd B-FL-A Firs Unt Parcel ID:210/025.0-0066-0000.0 as of 4/9/09 Page 2 of 5 Commercial Property Record Card PARCEL ID:210/025.0-0066-0000.0 MAP:025.0 BLOCK:0066 LOT:0000.0 PARCEL ADDRESSA ROYAL CREST DRIVE FY:2009 1 112 5008 3 12 Section: ID: 115 Use-Code: 112 Category Grnd-Fl-Area Story;Height;Bldg-Class Yr-Built Eff-Yr-Built Cost Bldg 1 5008 3.0 C 1971 .. 1981 889,900 Groups: Id Cd B-FL-A Firs Unt 1 112 5008 3 12 Section: ID: 116 Use-Code: 112 Category Grnd-Fl-AreaStory tHeight Bldg-Class Yr-Built Eff-Yr-Built`Cost Bldg,,, 1 5008 3.0 C _ 1971 1981 889,900 Groups: Id Cd B-FL-A Firs Unt 1 112 5008 3 12 Section: ID: 117 Use-Code: 112 Category ,Grnd-Fl-Area Story Height Bldg-Class Yr-Built EM-Yr-Built Cost Bldg ". 1 5008 3.0 C 1971 1981 889,900 Groups: Id Cd B-FL-A Firs Unt 1 112 5008 3 12 Section: ID: 118 Use-Code: 112 Category' Grnd-Fl-Area Story" Height Bldg-Class Yr-Built eft-yr-Built Cost Bldg 1 5008 3.0 C 1971 1981 664,600 Groups: Id Cd B-FL-A Firs Unt 1 112 5008 3 12 Section: ID: 119 Use-Code: 112 Category Grnd-Fl-Area Stoty Height'.Bldg-Class Yr=Built Eff-Yr-Built Cost Bldg 1 5008 3.0 C 1971 1981 664,600 Groups: Id Cd B-FL-A Firs Unt 1 112 5008 3 12 Section: ID: 120 Use-Code: 112 Category .Grnd-Fl Area_ Story 11 Height Bldg-Class Yr-Built " Eff-Yr-BuilIt Cost Bldg 1 5008 3.0 C 1971 1981 664,600 Groups: Id Cd B-FL-A Firs Unt 1 112 5008 3 12 Section: ID: 121 Use-Code: 112 Category °Grnd-F1-Areattory Height Bldg-Class,Yr-Built Eff=Yr-Built Cost Bldg 1 5008 3.0 C 1971 1981 664,600 Groups: Id Cd B-FL-A Firs Unt 1 112 5008 3 12 Section: ID: 122 Use-Code: 112 Category w. Grnd-Fl-Area'Story Height Bldg-Class Yr-Built Eff-Yr-Built.Cost'tldg Parcel ID:210/025.0-0066-0000.0 as of 4/9/09 Page 3 of 5 Commercial Property Record Card PARCEL ID:210/025.0-0066-0000.0 MAP:025.0 BLOCK:0066 LOT:0000.0 PARCEL ADDRESSA ROYAL CREST DRIVE FY:2009 1 5008 3.0 C 1971 1981 664,600 Groups: Id Cd B-FL-A Firs Unt 1 112 5008 3 12 Section: ID: 123 Use-Code: 112 Category. "Grnd-Fl-Area Story Height Bldg-Class Yr-Built ' Eff-Yr-Built Cost Bldg 1 . :, . 6431 3.0 C 1971 . .__. 1981 789,300. Groups: Id Cd B-FL-A Firs Unt 1 112 6431 3 12 Section: ID: 124 Use-Code: 112 Category Grnd-Fi-Area StoryHeight Bldg-Class Yr-Built Eff-Yr-Built Cost Bldg 1 5008 3.0 C 1971 1981 870,500 Groups: Id Cd B-FL-A Firs Unt 1 112 5008 3 12 Section: ID: 125 Use-Code: 112 CategoryGrnd-Fl-Area Story Height Bldg-Class Yr-Built Eff-Yr Bulit Cost Bldg 1 5008 3.0 C 1971 1981 870,500 Groups: Id Cd B-FL-A Firs Unt 1 112 5008 3 12 Section: ID: 126 Use-Code: 112 CategoryGrnd-Fl-Area Story Height Bldg-Class 1. Yr-Built Eff-Yr Built Cost Bldg 1 5008 3.0 C 1971 1981 870,500 Groups: Id Cd B-FL-A Firs Unt 1 112 5008 3 12 Section: ID: 127 Use-Code: 112 Category Grnd'-FI-Area'Story'HeightBldg-Class'Yr-Built Eff-Yr-Built`Cost Bldg 1 6340 3.0 C 1971 1981 1,014,500 Groups: Id Cd B-FL-A Firs Unt 1 112 6340 3 12 Section: ID: 2801 Use-Code: 112 Category Grnd-Fl-Area Story:Height Bldg-Class Yr-Built' Eff-Yr-Built Cost Bldg,- 1 1724. 1.0 D 1970 1981 53,100 Groups: Id Cd B-FL-A Firs Unt 1 112 1724 1 1 Section: ID: 2901 Use-Code: 112 Category Grnd-Fl-AreaStory Height Bldg-Class Yr-Built Eff-Yr Built Cost Bldg 1 3111 1.0 C 1970 1981 481,300 Groups: Id Cd B-FL-A Firs Unt 1 112 3111 1 1 Parcel ID:210/025.0-0066-0000.0 as of 4/9/09 Page 4 of 5 Commercial Property Record Card PARCEL ID:210/025.0-0066-0000.0 MAP:025.0 BLOCK:0066 LOT:0000.0 PARCEL ADDRESSA ROYAL CREST DRIVE FY:2009 2 112 3111 1 1 SKETCH PHOTO 96 12 33SSgg 12 4 N 500 Sq.Ft — ctu 26 2E 12 12 1"'a" 01 e- Ft Parcel ID:210/025.0-0066-0000.0 as of 4/9/09 Page 5 of 5 Page 1 of 1 From: Brown, Gerald Sent: Friday, March 20, 2009 2:05 PM To: Glennon, Michel Subject: FW: Updated Zoning Information for 50 Royal Crest Drive From: Brandi Trogdon [ma ilto:Brand i.Trogdon @ pzr.com] Sent: Friday, March 20, 2009 12:20 PM To: Brown, Gerald Subject: Updated Zoning Information for 50 Royal Crest Drive Mr. Brown, Please find attached a request for Zoning Information for 50 Royal Crest Drive. You prepared a zoning letter for this property back in 2007. If the information is still current, feel free to simply change the date on the zoning letter, complete the Certificate of Occupancy form letter and fax both back to my attention. Please respond to confirm you received this request, advise regarding timing and provide information regarding the fee to update the 2007 letter. Thank you, Brandi Trogdon Client Manager/Zoning Analyst Planning and Zoning Resource Corporation 100 N E 5th Street Oklahoma City, Oklahoma 73104 Phone: (800) 344-2944, Extension 3339 Fax: (405)418-2282 file://C:\Documents and Settings\mglennon\My Documents\Building\FW Updated Zoning ... 3/24/2009 r aO Planning & Zoning Resource Corporation D 100 N.E. 5 Street o Oklahoma O City, Oklahoma 73104 DOa' Telephone (405) 840-4344 o Fax (405) 840-2608 Toll Free (800) 344-2944 ext 3339 Please fax to my direct fax number 405-418-2282 To: Gerald Brown Date: March 20, 2009 Subject: Zoning Verification Letter, Zoning and Building Code Violation Information, and Copies of Certificates of Occupancy (or Letter) for: Ref. Number: 49105-1 RE: Royal Crest North Andover 50 Royal Crest Drive North Andover, MA Please answer the following questions. * What is the current zoning of the property? * Was this a Planned Unit Development? If so, please provide a copy of the PUD. * Is the property in any special, restrictive or overlay district? * To the best of your knowledge, do your records show any open zoning or building code violations at the present time? *Please note,this request is for any active or ongoing violations of which the jurisdiction is aware.-PZR is not requesting that any on-site inspection be made. * Were Certificates of Occupancy issued for this property? If so, please provide all available copies. If copies are unavailable, please fill out our attached from letter. It is my understanding that there may be fees associated with this request. Please be advised that the total fees are not to exceed $50.00 without my approval. If you should expect the fees to exceed this amount,please notify me as soon as possible. Furthermore, any additional costs associated with this request must be approved, in writing,prior to their incurrence. Thank you in advance for your time and consideration on the above matter. If there are any questions you are unable to answer, please let us know whom we should contact. If you have any questions or concerns,.do not hesitate to contact me at the toll free number 800-344-2944, extension 3339. You may also reach me by email at: brandit@pzr.com. Sincerely, Brandi Trogdon r (PLEASE COPY ONTO YOUR LETTERHEAD) Planning and Zoning Resource Corporation 100 NE 5th Street Oklahoma City, OK 73104 Attn: Kelli Robertson Certificate of Occupancy Information for: RE: Based on our records [choose one]: A valid final Certificate of Occupancy has been issued and is now outstanding for the Project. For any Certificates of Occupancy not found, the absence of a Certificate of Occupancy for the Project will not give rise to any enforcement action affecting the Project. (Please See Attached Copy Issued.) Certificates of Occupancy are not required. Final Building Permits have been issued and are now outstanding for the Project. (Please See Attached Copy Issued.) Certificates of Occupancy for projects constructed prior to the year are no longer on file with this office. This Project was constructed in The absence of a Certificate of Occupancy for this Project will not give rise to any enforcement action affecting the Project. A Certificate of Occupancy for this Project will only be required to the extent of any construction activity (such as restoring,renovating or expanding the Project or any part thereof). We are unable to locate Certificates of Occupancy for this Project from our records. We have evidence in our records that one was issued; however, the copy has been subsequently lost or misplaced. The absence of a Certificate of Occupancy for this Project will not give rise to any enforcement action affecting the Project. A Certificate of Occupancy for this Project will only be required to the extent of any construction activity(such as restoring, renovating or expanding the Project or any part thereof). This site is still being constructed. The absence of a Certificate of Occupancy for this Project will not give rise to any enforcement action affecting the Project. A Certificate of Occupancy for this Project will be issued when all final inspections have been passed. Please call the undersigned at if you have any questions or concerns. Sincerely, Name: Title: (Please copy to letterhead) Site Plan Attn: Kelli Robertson Re: C Was the above site constructed with site plan approval? Yes No c Are copies available? Yes No If copies are available, please either attach copy of the site plan or inform us of the correct procedure, fees or contact for obtaining a copy. o If copy and/or conditions are not available please provide reason why. Please call the undersigned at if you have any questions or concerns. Sincerely, Name: Title: I i I 09/28/2087 16:42 9786888476 FIEALTH PAGE 02/08 poltTh 8y 6 BUILDING DEPARTAGI AT tommvntly Development Division The Phmtdag dt Zatting Pwim a Cotpoo WM Arta:Jaft Payao 100 NA P Strom Mdaham Gtr,Okbhomna 73104 Scpta ft 27.2007 Re; Row aw ft1bds n Royal CM Drive L Ths tanterR ttottdag�Royal CYest Estaees.l�ap 25.Parals 35 8t 6d.h,Ras>drZrolal�(R-3). Thao ate>!o ove*at•iwiWWaediatdcatthe to Royal CrM At*i$atfhoftmcdonOfstaleMUM I"8114. 2. Statism 4,Amis 4.124.14 8t 4.124.17 QWddewM 3's Buildings and Uses P of the NoRth AtutvacZatft ByW s= Tawe I m 1 and Udd4b*dam are dlwmdby dShL 3. Rglal Chet tis not developed as a Plmui trait Dadopuft 4. Tho ft sham+m*kdq=of ft"sg Codes Or ping Bylaws. HawqMamiaanaagftB=W@f Raalth wft km duped J*11,2007 ft=the Nott:Andaw Poft Hat+lth Elgor mad retptndb Rayai Crest to addi tleeclw*tatu iniftMOM ooh. 3. Tb pmjoet v oomal r-ted betWoett 1%9 and 1971. There am few,if any,bugftg So that are 40 ynsts old. Cuoctstt files shams nmkWm moodc%pbwAft and da*kal permits. 6. Tboftbg bylaw is evall"tbroagh bath ft Pimu ttg aad Zm tog Board ham pages is the Taam's Web Shk wwwtowadhox 7. find a1RScW of the ftkveot ZW ft Bylaw,Zaft Tables.Footnotes,Zomiag MM Azo 's TM m2p 23,ptowty cards fisc pm=b 35 8t 66,and Board of health oonaMomdeaft ��] A Gadd A.Elmi6 la3peetaraf8aiitIIZo®;mgEafteentw ofiiora 16M WPM Street,Nedh AWww.l WOftu is 01645 F%m 479,668.9546 fat 918,666.9544 gob" tMdnwftwaVereoel 4 Date.../to 9 NORTH °ft"`°;•,"� TOWN OF NORTH ANDOVER PERMIT FOR WIRING �ss^cMUS� a This certifies that s .. Q . . .......... ................................ has permission to perform ......... .....?. !Q4. ............................... n wiring in the building of........ �?��' !....tf..l ."s ... 5................ y n - ..:............. .North Andover,Mass. p4_ Fee..5 ........^..Lic.No. '` � ......... ,t . ... 3 ELECTRICAL INSPECTOR i Check # 7012 a i Official Use Only THE COMMONWEALTH OF MASSACHUSETTS Permit No. 70/ Z Deportment of Public Safety BOARD OF FIRE PREVENTION REGULATIONS 527 CMR 12:00 Occupancy 8 Fee Checked APPLICATION FOR PERMIT TO PERFORM ELECTRICAL WORK All work to be performed in accordance with the Massachusetts Electrical Code 527 CMR 12:00 (Please Print in ink or type all information) Date To the Inspector of Wires: Town of North Andover The undersigned applies for a permit to perform the electrical work(described below. Location(Street&Number �f`: 1�o'iA n les' "i)ill V OwnerorTenant14� Owner's Address Is this permit in conjunction with a building permit Yes • No (Check Appropriate Box) Purpose of Building (�? �. lQ., Utility Authorization No. Existing Service Amps Voits Overhead Undgmd No.of Meters New Service 17Q_____Amps_I z o Voks Overhea Undgmd No.of Meters i Number of Feeders and Ampacity + Location and Nature of Proposed Electrical VHodc_2_aj_1�A C 1 COCA f`1YY1C'v(�- G\� � ��OXc �-t� p� SCCV\C' Total No.of Lighting Outlets No.of Hot fuse No.of Transformers KVA Above In No.of Lighting Fixtures Swimming Pool gmd gmd Generators KVA No.of Emergency Lighting No.of Receptacles Outlets No.of Oil Burners Battery Units No.of Switch Outlets No of Gas Burners FIRE ALARMS No.of Zone Total No.of Detection and No.of Ranges No of Air Cond Tons Initiating Devices Heat Total Total No.of Di osal No. Pumps Tons KW No.of Sounding Devices No./of Self Contained No.of Dishwashers Space/Area Heating KW Detection/Sounding Devices • Municipal • Other No.of Dryers Heating Devices KW Local Connection No.of No.of Low Voltage No.of Water Heaters KW I Signs Bailases I Wirin r No.Hydro Massage Tuds No.of Motors Total HP !1 OTHER: �P.1fY111 I�C,(�I�LC. Q L<��(ri(4 �) W(�-�� sPl1/iC p i°Pr'!I?/i1 LtiGt��. �Gr/ INSURANCE COVERAGE. Pursuant to the requiremen6ts of Massachusetts General laws I have a current Liability Insurance Policy including Completed Operations Coverage or its substantial equivalent YES= NO = have submitted valid proof of same to the Office YES= NO = If you have checked YES please indicate the type of coverage by checking the appropriate box. INSURANCE = BOND = OTHER = Please Specify) Estimated Value lectri 1 orkE /> Q / (Expiration Date) Work to Start D 2I 0 6 Inspection Date Resquested Rough FinalSigned r FIRM NAME\r the-Penalties haltiesOo� 011 6 LIC.NO. 3 S 6 C Licensee aJ 7� W O/2AIMA✓l Signature a _P LIC.NO,_3 S �� us.Tel o. 71 22 6,2 Address % /l " l✓✓�lG( �� t Aft Tel.No. OWNER'S INSURANCE WAIVER: I am aware that the Licenses doed not have the insurance coverage or its substantial equivalent as required by Massachusetts General Laws.And that my signature on this permit application waives this requirement Owner Agent(Please Check one) Telephone No. PERMIT FEE E (Signature of Owner or Agent) A 1c�� � —�� d r 9 62 f Date..ar.....I F.........'r 1 ' gORTN TOWN OF NORTH ANDOVER PERMIT FOR WIRING ,SS�ICMUSE� This certifies that .. 7'� L r T r has permission to perform ................. .........:.9�.��� -A 4 wiring in the building of.....n.�..P�W AST..rT ........... / 30 .... l?. ..'............. .North Andover,Mass. Fee. .. 1 � Lic.No.... ........ ... ELECTRICAL INSPECTOR Chh eck # i Commonwealth of Massachusetts Official Use Only ._ _.... ,z Permit No. 67, ) q ` Department of Fire Services Occupancy and Fee Checked BOARD OF FIRE PREVENTION REGULATIONS [Rev. 11/991 (leave blank APPLICATION FOR PERMIT TO PERFORM ELECTRICAL WORK All work to be performed in accordance with the Massachusetts Electrical Code(MEC,527 C 2.00 (PLEASE PRINT IN INK ORWv MflVFOTON) Date: IJ City or Town of.. To the Imp 'tor f Wires: By this application the undersig 'ce of is orher intention to perform the electrical work described below. Location(Street&N r) Owner or Tenant Telephone N ✓ Owner's Address Is this permit in conjunction with a building permit? Yes ❑ No (Check Appropriate Box) Purpose of Building Utility Authorization No. Existing Service Amps / Volts Overhead❑ Undgrd❑ No.of Meters New Service Amps / Volts Overhead❑ Undgrd❑ No.of Meters Number of Feeders and Ampacity Location and Nature of Proposed Electrical Work: I completion of the followin table be waived by the Inspector of Wires_ No.of Recessed Fixtures No.of Ceil.-Sus . addle Fans No.of Total P ) Transformers KVA No.of Lighting Outlets No.of Hot Tubs Generators KVA No.of Lighting Fixtures Swimming Pool Above ❑ In- ❑ o.o Emergency �g g g g g d. rnd. Batte Units No.of Receptacle Outlets No.of Oil Burners FIRE ALARMS No.of Zones and No.of Switches No.of Gas Burners o.o sn _ Initiatinting Devices Ranges No.of Air Cond. Total No.of Alerting Devices No.of Ran g Tons No.of Waste Disposers Heat Pump Number Tons KW No.of Self-Contained P Totals: Detection/Alerting Devices No.of Dishwashers S ace/Area Heating KW Local ❑ Municipal ❑ Other P g Connection No.of Dryers Heating Appliances KW Security Systems: rY No:of Devices or E uivalent No.of Water No.of o.of Data Wiring: Heaters KW Signs Ballasts No.of Devices or Equivalent No.Hydromassage Bathtubs - No.of Motors?� Total HP Telecommunications Wiring: No.of Devices or Equivalent OTHER: Attach additional detail if desired or as required by the Inspector of Wires. INSURANCE COVERAGE: Unless waived by the owner,no permit for the performance of electrical work may issue unless the licensee provides proof of liability insurance including"completed operation"coverage or its substantial equivalent. The undersigned certifies that such coverage is in force,and has exhibited proof of same to the permit issuing office. CHECK ONE: INSURANCE ❑ BOND ❑ OTHER ❑ (Specify:) (Expiration Date) Estimated Value of Electrical W rk: (When required by municipal policy.) Work to Start: � inspections to be requested in accordance with MEC Rule 10,and upon completion. I certify,under th pain andpenalties of perjury,that the information on this application is true and complete. FIRM NAME: unn+ LIC.NO.: Licensee: Signature IC.NO.: (If applicable,enter "exempt"in the license number li e) � 9M.� U $ us.Tel.No. CO Address: Alt.Tel.No.: OWNER'S INSURANCE WAIVER: I am aware that the Licensee does not have e liability insurance coverage normally required by law-.By my signature below,I hereby waive this requirement. I am the(check one)❑ owner ❑ owner's agent. p Owner/Agent PERIILIT FEE: $ Signature Telephone No. -� 6266 Date.... ��..'- .�.... 6 � NORTH x" TOWN OF NORTH ANDOVER $ PERMIT FOR WIRING ,SSACMUS� This certifies that .`��, !.. �?� '...L.�.. RAF 7......SE- has permission to perform .. D !T L i� �✓r-j,,r ............... wiring in the buildingofQ > S .. •T lg� O s at, ...... ,4. ................/'//.....2........ ,North Andover,Mass. Fee.1 1 -'C...." Lic.NoJ.7 Y <fLLft... .. ELECTRICAL INSPECTOR Check # Commonwealth of Massachusetts Official Use Only Permit No. ' Department of Fire Services Occupancy and Fee Checked BOARD OF FIRE PREVENTION REGULATIONS [Rev. 11/991 (leave blank APPLICATION FOR PERMIT TO PERFORM ELECTRICAL WORK All work to be performed in accordance with the Massachusetts Electrical Code(MEC), 27 CMR 2.00 (PLEASE PRINT IN INK OR TYPE ALL INFORMATION) Date: City or Town of 411 d Q I M To the Insp for of fres: By this application the undersigned giveis notice of his or her intention to perform the electrical work described below. Location(Street& tuber) Owner or Tenant Telephone N Owner's Address Is this permit in conjunction with a building permit? Yes ❑ No (Check Appropriate Box) Purpose of Building Utility Authorization No. Existing Service Amps / Volts Overhead❑ Undgrd❑ No.of Meters New Service Amps / Volts Overhead❑ Undgrd❑ No.of Meters Number of Feeders and Ampacity Location and Nature of Proposed Electrical Work: Completion of the followin table may be waived by the Inspector Lf Wires. No.of Recessed Fixtures No.of Ceil.-Sus P (Paddle)addle)Fans No.of Total Transformers KVA No.of Lighting Outlets No.of Hot Tubs Generators KVA No.of Lighting Fixtures Swimming Pool Above ❑ In- ❑ o.o Units cy ig g g g � 3 g d. rnd. Batte Units No.of Receptacle Outlets No.of Oil Burners FIRE ALARMS No.of Zones o.oand No.of Switches 4 No.of Gas Burners tingDetection DeviNo.of Ranges No.of Air Cond. Tons Initiating No.of Alerting Devices No.of Waste Dis osers Heat Pump Number Tons KW No.of Self-Contained P Totals: Detection/Alerting Devices No.of Dishwashers S ace/Area Heating KW Local ❑ Municipal ❑ Other P g Connection No.of D ers Heating Appliances KW Security Systems: ry• No.of Devices or Equivalent No.of Water No.of o.of Data Wiring: Heaters KW Si ` s Ballasts No.of Devices or E uivalent / No.Hydromassage Bathtubs No.of Motors Total HP Telecommunications Wiring: No.of Devices or Equivalent OTHER: Attach additional detail if desired,or as required by the Inspector of Wires. INSURANCE COVERAGE: Unless waived by the owner,no permit for the performance of electrical work may issue unless the licensee provides proof of liability insurance including"completed operation"coverage or its substantial equivalent. The undersigned certifies that such coverage is in force,and has exhibited proof of same to the permit issuing office. CHECK ONE: INSURANCE ❑ BOND ❑ OTHER ❑ (Specify:) (Expiration Date) Estimated Value of Electrical Work: (When required by municipal policy.) Work to Start: Inspections to be requested in accordance with MEC Rule 10,and upon completion. I certify,under Xey9ainf and penalties of perjury,that the information on this application is true and complete- FIRM ompleteFIRM NAME: .0 l . LIC.NO.:--r— Licensee: - c.ig Signature IC.NO.: (If applicable,enter "exempt"in the license number like.) L4We U f5 us.Tel.No. • CC Address:' Alt.Tel.No.: OWNER'S INSURANCE WAIVER: I am aware that the Licensee does not e liability insurance coverage normally . required by law. By my signature below,I hereby waive this requirement. I am the(check one)❑ owner ❑ owner's agent. Owner/Agent $ 6-D SignaturTelephone No. PERMIT FEE: 6230 �. Y' . Date.... .............. TOWN OF NORTH ANDOVER 0 PERMIT FOR WIRING US This •'4 This certifies that k.jogx /fix r has permission to perform j.e. ' wiring in the building of G. Z. n....1..-.� .. ,North Andover,Mass. J Fee�. ,tz`P.. "'.. Lic.No. 1.7., 2.£Va...... 1 ELECTRICALINSPECTOR 'T Check # Commonwealth of Massachusetts Official Use Only Permit No. O _ Department of Fire Services ` Occupancy and Fee Checked 2.,; tial r.�4 BOARD OF FIRE PREVENTION REGULATIONS [Rev. 11/99] leave blank APPLICATION FOR PERMIT TO PERFORM ELECTRICAL WORK All work to be performed in accordance with the Massachusetts Electrical Co�(jyE ),�7� 12.00������✓�, ,/^ (PLEASE PRINT IN INK OR L FO T O Date: 11 //JJ���� City or Towns of: To the Inspector of Wires: By this application the undersigned give noti hi r intention to a orm the electrical work described below. Location(Street&Nu ber) Owner or Tenant Telephone No. OA 1 j Owner's Address Is this permit in conjunction with a building permit? Yes ❑ No (Check Appropriate Box) Purpose of Building Utility Authorization No. Existing Service Amps / Volts Overhead❑ Undgrd❑ No.of Meters New Service Amps / Volts Overhead❑ Undgrd❑ No.of Meters Number of Feeders and Ampacity Location and Nature of Proposed Electrical Work: t i Completion of thefollawing table may be waived by the Inspector of Wires. No.of Recessed Fixtures No.of CeiL-Sus . addle FNo.of Total P (Paddle) Transformers KVA No.of Lighting Outlets No.of Hot Tubs Generators KVA Above .or EmergencyTighting No.of Lighting Fixtures Swimming Pool grnd. Elnd. 1:1 Battery Units No.of Receptacle Outlets No.of Oil Burners FIRE ALARMS No.of Zones No.o etechon an No.of Switches No.of Gas Burners Initiating Devices Total No.of Ranges No.of Air Cond. Tons No.of Alerting Devices No.of Waste Disposers Heat Pump Number Tons KW No.of Self-Conta osers ined P Totals: Detection/Alerting Devices No.of Dishwashers S ace/Area Heating KW Local ❑ Municipal El Other P g Connection No.of Dryers Heating Appliances KW Sec No of-Devices or Equivalent No.of Water No.of o.of Heaters Ballasts Data Wiring: KW I Signs s No.of Devices or Equivalent No.Hydromassage Bathtubs No.of Motors Total HP Telecom of nicatisons or Equivalent itg: OTHER: Attach additional detail if desired,or as required by the Inspector of Wires. INSURANCE COVERAGE: Unless waived by the owner,no permit for the performance of electrical work may issue unless the licensee provides proof of liability insurance including"completed operation"coverage or its substantial equivalent. The undersigned certifies that such coverage is in force,and has exhibited proof of same to the permit issuing office. CHECK ONE: INSURANCE ❑ BOND ❑ OTHER ❑ (Specify:) (Expiration Date) Estimated Value of lectrical Work: (When required by municipal policy.) Work to Start: `J66, Inspections to be requested in accordance with MEC Rule 10,and upon completion. I certify,under th pai and penalties of perjury,that the information on this application is true and complete- FIRM NAME: (�! LIC.NO.:� � Licensee: - Signature IC.NO.: (If applicable,enter "exempt"in the license nwnber li e.) I lee $ us.TeL No.� C C Address: Alt.TeL No.: C OWNER'S INSURANCE WAVER: I am aware that the Licensee does not liability insurance coverage normally required by law. By my signature below,I hereby waive this requirement. I am the(check one)❑ owner ❑ owner's agent. Owner/Agent Signature Telephone No. PERMIT FEE: $ Date/" "d . . ".0 RTM'tio TOWN OF NORTH ANDOVER p PERMIT FOR PLUMBING ,SSACHUS� ( / Tl`tis certifies th . . . . 42 `. . . .. . . . . . . . . t his permission to perform,4. . . . . . . . . . . . . . . . . plumbin in the buildings of . . . !�--�. .-�.c?�. . J. . . a �`�p. . . . . . . . , -�, . . . . . . . . . . . . . . , North Andover, Mass. FJ . . . . .Lic. No y��! r7. . . . . . . . . . .. . . . . . . . . . . �� { '� P.LUMBING.I •SPECTOR Check # �_ 573 MASSACHUSETTS UNIFORM APPLICATION FOR PERMIT TO DO PLUMBING (Type or print) NORTH ANDOVER,MASSACHUSETTS Od? 61Z Date Building Location c, ners Name Lice). Permit# Amount l 9. Type of Occupancy -J U UA- 04 New Renovation Replacement Plans Submitted Yes No FIXTURES H n V ?� �a H '� a s a a H U d SLRB�s�>� t r r > MRIM 3M1� 51HFLOCR 6]HHDM 7]HRDOR 1MRDM ,J(Print'or type) r ' ,/ 1( J Check one: Certificate .Installing Company Name A ® I f d',-ilI CRN I h�T'7�_� Corp. Address ElPartner. Business Telephone qy/ ft 2.7q-=, ya Firm/Co. Name of Licensed Plumber: M,'C-�Nr \ Vo J cv-,4✓1 Insurance Coverage: Indi to the a of insurance coverage by checking the appropriate box: Liability insurance policy L..aOther type of indemnity 11 Bond ❑ Insurance Waiver: I,the undersigned,have been made aware that the licensee of this application does not have any one of the above time insurance Signature Owner 0 Agent I hereby certify that all of the details and information I have submitted(or entered)in above application are true and accurate to the best of my knowledge and that all plumbing work d ins o it Issued for this application will be in compliance with all pertinent provisions of the ,an a lumb rd hapter 142 of the General Laws. By: Signa (01i um er Type of Plumbing License Title , �,�����' City/Town ricense Numver Master Journeyman APPROVED(OFFICE USE ONLY I TOWN OF NORTH ANDOVER WELDING DEPARTMENT APPLICATION TO CONSTRUCT REPAIR,RENOVATE,CHANGE THE USE OR OCCUPANCY OF, OR DEMOLISH ANY BUILDING OTHER THAN A ONE OR TWO FAMILY DWELLING S Sectionfor Official Ilse onl BUILDING PERMIT NUMBER: ISSUED: SIGNATURE: Buildin&Commissioner/ing)cdorotBuilZfings Date .0- -0 1.1 Property Address:~ 1.2 Assessors Map and Parcel Number: 'S Map Number Parcel Number 1.3 Zoning Information: 1.4 Property Dimensions: > Zoning District Proposed Use Lot Area(sf) Frontage(ft) --i 1.6 BUILDING SETBACKS(ft) M Front Yard Side Yard Rear Yard Required Provide Raired Provided Required Provided 1.7 Water Supply M.G.L.C.40.§54) 1.5. Flood Zone Information: 1.9 Sewerage Disposal System: Public 0 private 0 zone- Outside Flood Zone 0 Municipal On Site Disposal System 0 2.1 Owner of Record F 1 a�t!eq 00ryQnq -C> 'Ac-OLin'y"-2- kAM Name(Print) Address for Service: Signature Telephone 2.2 Authorized Agent Pj e4-7— 570 Name Print Address for gervice: q 726-K8 1- 8? Signature Telephone HOMO* 3.1 Licensed Construction Supervisor Not Applicable 91 12--I\ CS 0-7Wq15 Address License Number n Licensed Con on upervisor;, 3 It.9)C' 9-79- 2-50 C) 17Z Expiration Date Signature Telephone 3.2 Registered Home Improvement Contractor Not Applicable -Company Name., Registration Number M Address Expiration Date Z Signature Telephone G) 3 . I, S�W GavhoO by- T.aw�. sc 06n Q + k(o . c~~ R vp as Owne Authorized Agent Hereby declare that the statements and information on the foregoing application are true and accurate,to the best of my knowledge and belief. Signed under the pains and penalties of perjury Print Name O Signature of Owne gen Date Item Estimated Cost(Dollars)to be Completed by permit applicant 1. Building r,'47 , (a) Building Permit Fee '47®dam Multiplier 2 Electrical I az� (b) Estimated Total Cost of 3 � Construction from(6) 3 Plumbing Building Permit fee (a)x(b) 3 3 /► �� 4 Mechanical(HVAC) 5 Fire Protection 6 Total (1+2+3+4+5) oo Check Number xxa75 l'I . 1.,,:.,,.:} .L i• P ti. ..s. }�. .t >fi, it +15 4,r1v.� n:kw. �t .;ut .r:`si.,i�1i + Jit ...�`},,.:� � .tot .4 t,ii{r ..,t s,.1.�r w!r r ::a. 2 aq.ir..#��: n r�.u.�.v a kt'f .{ *r'N�.-,'L A,'�irr'w.p h.:}}kk). ��? `xs,'�S f 'v h r /f,+� aDY'k:tr.:.stx 8 p •.�.. �! ,ry. r .�a+..,� •t',.v�7t�.,�r+t.,,-,�S ;"! E:?; .Y'cS....(-ki. ��, -7=� � ., t"��.,�t ,4.�m9, l �. „d 1�r n"as�,d'�ti:at et vl,�? +2�,*� F >i NO.OF STORIES SIZE �� l BASEMENT OR SLAB SIZE OF FLOOR TRVIBERS ;� 1 sr 2ND 3 RD SPAN 2Z CTrv:5!,e5 zq o c. DEMENSIONS OF SILLS x y DEMENSIONS OF POSTS DIMENSIONS OF GIRDERS HEIGHT OF FOUNDATION t�° '¢ . W)tqe THICKNESS SIZE OF FOOTING }+ _ X 1 . MATERIAL OF CHRvINEY IS BUILDING ON OL R FILLED LAND IS BUILDING CONNECTED TO NATURAL GAS LINE /(J0 \. o t"t'r`eK`t ter-- t„�£x:�� �� - ..+-r, --.�=.z-,�zs, k5< :�, �,Yo• 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 Yea.......❑ No.......❑ sicnos s.l 50FUsror>. x. lrc , vet cxxox s>�x lrc»s o 5.1 Registered Architect: Cc rA a Name: E SA."A H A 622'7 4 FF i 70.\/k-E- Address Signature Telephone S 2 Regtsled lE'><C►fer'smHnlnecl� s}s Area of Responsibility Name: Registration Number Address: Expiration Date Signature Total Not applicable Name: Address Registration Number Signature l� Telephone Expiration Date I Name Area of Responsibility Address Registration Number Signature Telephone Expiration Date. I Name Area of Responsibility Address Registration Number Signature Telephone Expiration Date t, t ' r`rn raj Rrs �Vln 00 1`0 M c`5 %3 ICT LIAJ C 1w acaw ,4 (`nr Not Applicable ❑ Company Name: Responsible in Charge of Construction . ,, r � 'T�FD►1!i '1' a 1 '1 {mak all appltcable New Construction 46 Existing Building ❑ Repair(s) ❑ Alterations(s) 0 Addition 0 Accessory Bldg. ❑ Demolition 0 Other 19/ Specify Brieff Description of Proposed Work: \ Ca*-nWC CZ" CD -6eZ S QV-, d Cz"54TQ Cr AJt J L 6C,J Q0.rckC,�. USE GROUP Check as applicable) CONSTRUCTION TYPE A Assembly 0 A-1 ❑ A-2 ❑ A-3 ❑ lA ❑ A4 ❑ A-5 0 113 ❑ B Business ❑ 2A 0 C Educational ❑ 2B 0 F Factory ❑ F-1 ❑ F-2 ❑ 2C ❑ H High Hazard, ❑ 3A ❑ IInstitutional C3 I-1 ❑ I-2 ❑ I-3 ❑ 3B ❑ M Mercantile ❑ 4 0 R residential ❑ R-1 ❑ R-2 0 R-3 ❑ 5A 0 S Storage ❑ S-1 ❑ S-2 5B p/ U Utility ❑ Specify: M Mixed Use ❑ Specify: P f3': S Special Use 0 Specify: COMPLETE THIS SECTION IF EXISTING BUILDING UNDERGOING RENOVATIONS,ADDITIONS AND OR CHANGE IN USE Existing Use Group: Proposed Use Group: Existing Hazard Index 780 CMR 34: Proposed Hazard Index 780 CMR 34: BUILDING AREA EXISTING if applicable) PROPOSED Number of Floors or Stories Include Basement levels Floor Area per Floors l Total Area s Total Height ft Independent Structural Engineering Structural Peer Review Required n. Yes ❑ No ❑ E S CTION 10a Owner Authorization- TO BE COMPLETED WHEN OWNERS AGENT OR CONTRACTOR APPLIES FOR BUILDING PERMIT I, as Owner of the subject property Hereby authorize to act on My behalf,in all matters relative two work authorized by this building permit application i Signature of Owner Date SECTION .W-01" 'a iai X a3 k 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 Yea.......❑ No.......❑ SEC 1 I4Pt S.:P)tUF> SSIQNAL)�fE$IGt IL31�1� filNB,tCS 't1 CONSM ►rt c tol.rr �a► ►� r ► F.t�>l t►s>� ►A 5.1 Registered Architect: Cc G + Name: Address Signature yyy pp Telephone Name: Area of Responsibility Registration Number Address: Signature Total Expiration Date Not applicable PI/ Name: Registration Number Address Signature Telephone Expiration Date Name Area of Responsibility Address Registration Number Signature Telephone Expiration Date. Name Area of Responsibility I Address Registration Number Signature Telephone Expiration Date �-Q�,Yh �oiy ®�, •c�.l G'1 acao,o.,-�- ( 11 Not Applicable ❑ Company Name: Responsible in Charge of Construction ! `� ,,����I�'�'TY�3l+ �'�Q SRR,1<�ZG all.apphca`b�e�-. '• New Construction Existing Building ❑ Repair(s) ❑ Alterations(s) ❑ Addition ❑ Accessory Bldg. ❑ Demolition 0 Other QV Specify Brief Description of Proposed Work: K�¢arnC�e a" C© �c�.S Ct" c� C Z"S+CQ Cr oil gw (a 16511) Q CL cx��t. 1-e-ncnts us C--. _ USE GROUP Check as applicable) CONSTRUCTION TYPE A Assembly ❑ A-1 ❑ A-2 0 A-3 0 IA ❑ A4 ❑ A-5 ❑ 113 ❑ B Business ❑ 2A 0 C Educational 0 2B 0 F Factory 0 F-I 0 F-2 ❑ 2C ❑ H High Hazard, 0 3A ❑ I Institutional ' . C1, 1-1 ❑ I-2 0 1-3 ❑ 3B ❑ M Mercantile ❑ 4 0 R residential ❑ R-1 0 R-2 ❑ R-3 ❑ 5A ❑ S Storage ❑ S-1 0 S-2 �K 5B ❑/ U Utility ❑ Specify: M Mixed Use ❑ Specify: S Special Use 0 Specify: COMPLETE THIS SECTION IF EXISTING BUILDING UNDERGOING RENOVATIONS,ADDITIONS AND OR CHANGE IN USE Existing Use Group: Proposed Use Group: Existing Hazard Index 780 CMR 34: Proposed Hazard Index 780 CMR 34: BUILDING AREA EXISTING if applicable) PROPOSED Number of Floors or Stories Include Basement levels Floor Area per Floors Total Area s Total Height ft e Independent Structural Engineering Structural Peer Review Required Yes 0 No 0 SECTION 10a Owner Authorization- TO BE COMPLETED WHEN OWNERS AGENT OR CONTRACTOR APPLIES FOR BUILDING PERMIT I, as Owner of the subject property Hereby authorize to act on My behalf,in all matters relative two work authorized by this building permit application Signature of Owner Date FORM U LOT RELEASE FORM INSTRUCTIONS: This form is us.ed.toverify that'all necessary approvals/permits from Boards and Departments having jurisdiction have been obtained. This does not relieve the applicant and/or landowner from compliance with any applicable or requirements. ***************************** APPLICANT FILLS OUT THIS SECTION*********************** APPLICANT PHONE j LOCATION: Assessor's Map Number PARCEL i SUBDIVISION LOT(S) STREET�c�c�A- es �J�i U� j ST. NUMBER *****************************************OFFICIAL USE r I RECOMMENDATIONS OF TOWN AGENTS: j X-1CONSERVATION*bMiMS-TRATOR DATE APPRO.V9D 17-6-to/ m DATE REJECTED 44-44-- COMMENTS . -{COMMENTS TOWN PLANNER DATE APPROVED DATE REJECTED COMMENTS FOOD INSPECTOR-HEALTH DATE APPROVED DATE REJECTED SEPTIC INSPECTOR-HEALTH DATE APPROVED DATE REJECTED COMMENTS PUBLIC WORKS - SEWER/WATER CONNECTIONS DRIVEWAY PERMIT FIRE DEPARTMENT RECEIVED BY BUILDING INSPECTOR DATE_ Revised 9197 im Town of Ong Inspectional Services Npantnent Construction Control Document Projeet Tide: ..S6ZDate: 09/14/ZQ81 Project Location: Royal 0 RyjLrrt: re. Scope of Project: Cytfatn- Stlnn of new f61 enr garage in accordance with SECTION 116.0-116.4.2 of the 6"Wtion of the Massachusetts State Building Code: 4 Curia 31 er A Mass.Registration Nrnnber 9918 being a registered pmfeasioml AmhitwuEnginaw hereby certify that I have prepared or directly supervised the prepattstim of all design planes computations and specifications concerning: _—futim Project X Architectural StructtuaI Mechanical Fire protection _.Electrical Other(Sprcify) for the above named project and that to the beat of my knowledge.such plans•computatlarts and specifications meet the applicable provisions of the Massachusetts State Building Code,all acceptable engineering prsctiees and all applicable laws for the proposed project. !h. Furthermore,I understand and agree that I shall perform the necessary prnfessitmal services and be ptftent on the construction site on a regular and periodic basis to determine dtat the work is proceeding in accordance with the documents approved by the building permit and shall be responsible for the following as specified in section 116.2.2: I. Revicw of chop drawings,samples and ether submittals of the contractor as required by the construction contract documents as submitted for the building permit,and approval for the conformance to the design aoneept. 2. Review and approval of the quality control procedures for 91 code . -rcyuired oomroilecr matrir;a>s. 3. Be present at intervals appropriate to the stage of construction to become generally tlmtiliar with the progress and quality of the work and to determine,in general,if the work is being pcdbrmed to a manner consistent with the construction documents, I shall O'bmit periodically,In a forst acceptable to the building official,a propose report together with pertinent comments. Upon completion of the work,f shall submit to the building official a final report as to the satisfactory completion and readiness of the pro'ect for ttrrcy► Signature of registered profbomaml: A Subaedbed and swoip.befo �06 +-+-�daY of 160EFrr 2001 c ry Public Y cottunission expires on 0 date ZH/ZB 39Vd iIHDatd 3JIA3l U3WVU3 ITeZBEMS EE:ZT T00Z/6e/TT ✓/ie �omvmaruvea��i o�,/1 � `� BOARD OF BUILDING REGULATIONS ' k - - License: CONSTRUCTION SUPERVISOR Number. CS 078419 Birthdate: 03/16/1966 !. t `• Expires: 03/16/2004 Tr.no: 78419 Restricted To: 00 ► STEVE A GAGNON 5 OLD COACH R© L.�•-e�. !ia1 t � � e nunniun�Qsav sea n�ncv w�_:_:_aYa__ 'C North Andover. Building Department .y Tel: 978-688-9545 DEBRIS DISPOSAL FORM In accordance with the provision of MGL c 40 S 54, a condition of Building Permit Number is that the debris resulting from this work shall be disposed of in a properly licensed solid waste disposal facility as defined by MGL c11, S 150 A. The debris will be disposed of in: /V'o�r-M &'cu-T&At 4A (Location of Facility) Signature of Permit A licant Date NOTE: Demolition permit from the Town of North Andover must be obtained for this project through the Office of the Building Inspector Disposal 1-800-750-1403 Recycling 1.506-238-4605 B.R.S. CONTAINER SERVICES 35 Pond Street No. Easton,MA David L.Tarr 02356-0129 (Beeper N) 1-617-486-2155 MM A001°iDe CERTIFICATE OF LIABILITY INSURANCE DATE DIM PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Slawsby Insurance Agency, Inc. ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE 90 Maln Street HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR P. 0. Box 487 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Nashua NH 03061-0487 INSURERS AFFORDING COVERAGE NSURED INSURER A: Hanover-Mass Bay I TeamCon COnsbucdon and INSURER B: Hanover Ins. Co. Mangment trisuRER C: Travelers Aetna Company 221 "--_lmsford� INSURER D: Chelmsford MA 01824 INSURER E: COVERAGES HE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIC)D.INDICATED. NOTWITHSTANDING 1NY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR AAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH 'OLIC!ES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. NSR IPOLICY EFFECTIVE POLICY EXPIRATION i R TYPE OF INSURANCE POLICY NUMBER DAT MMID AT MM LIMITS B GENERAL LIABILITY ZHV586831802 12/20/00 12/-20/01 EACH OCCURRENCE f 1,000,000' X .COMMERCIAL GENERAL LIABILITY FIRE DAMAGE(Any one fire) f 50,000 CLAIMS MADE OCCUR MED EXP(Any one-person) f 5,000 PERSONAL 3 ADV INJURY f 1,000,000: GENERALAGGREGA f _ 2;000,00 GENIL AGGREGATE LIMIT APPLIES PER: PRODUCTS-( IM AGG : f '-..;21000,00q-- .;.. POLICY JEa El LOC A AUTOMOBILE LU1811ITY ADN589091002 12/20/00 12/20/01 (Ea, f 0. X ANY AUTO COMBINED SINGLE La IIT 1,000,00 ALL OWNED AUTOS 90DRY RWRY f SCHEDULED AUTOS (Per Dem!) T HIRED AUTOS BODILY TNJURY f X NON-OWNED AUTOS (Per accident) PROPERTY DAMAGE f (Per accident) GARAGE LIABILITY . AUTO ONLY EkACCIDENT f• ANY AUTO OTHER THAN F1 ACC f}_ AUTO ONLY: AGG f B EXCESS LIABILITY UW5868331 12/20/00 12/20/01 EACH OCCURRENCE f 1,000,000 X OCCUR FICLAIMS MADE AGGREGATE IS 1.000-1000 s DEDUCTIBLE f RETENTION f $ WORKERS`QOMP6SATIO'WAND _._. .:-_.._.._ ..-... TOW&ILTIATUiMIT lojp C EMPLOYERS''LIABILITY IHUB857D9839 12/20/00 12120/01 E.LEACH ACCIDENT f 500,000 E.L.DISEASE•EA EMPLOYEE f, 500;000 E.L DISEASE-POLICY LIMB ' is OTHER I SCRIPTIDN OF OPERATIONSA-OCATIONSIVEHICLES/EXCLUSIONS ADDED BY ENDORSEMENTiSPECIAL PROVISIONS -RTIFICATE HOLDER ADDITIONAL INSURED.INSURER LETTER _ CANCELLA*fION SHO1ILD ANY GF THE AROVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF. THE ISSUING INSURER WILL ENDEAVOR 10 MAIL 10 DAYS WRITTEN NOTICE 10 IHE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL. IMPOSL NO OBLIGATION OR LIABIOTI' OF ANY KIND UPON THE INSURER. ITS AGENTS OR PH�S-NTAT IVES. _ �. , ....LI REPRf SENTAP'.` --- — I Pauline Proulx ,ORD 25-S (7/97) © ACORD CORPORATION 1988 NORTH E D 313 dover, Mass., f a 2 —a a o / 7 A \y ORATED P'Pat 5 S H ` D D 0 BOARD OF HEALTH n Food/Kitchen V Septic System THIS CERTIFIES THAT.... ...... r r./ . .,,...��..,..,�dle , (� �q� BUILDING INSPECTOR BUI Found has permission to erect.a�.�.3 X 6�� ,3 . buildings oniR-� Cie toS �/� , Rough anon I ........ ...v to be occupied as / Z r Z `� [�d'�' j�pS t �[ � `�— y tQ......... .....4P..............,�...........C.....,......!.�...................... ............................................. Chimney e 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 relatin to the Inspection, Alteration and Construction of Buildings in the Town of North Andover. c-3 3 A PLUMBING INSPECTOR VIOLATION of the Zoning or Building Regulations Voids this Permit. Rough PERMIT EXPIRES IN 6 MONTHS Final UNLESS CONSTRUCTION ST TS ELECTRICAL INSPECTOR Rough ..,.,��•"•••... Service BUILDING INSPECTOR Final Occupancy Permit Required t0 Occupy Building GAS INSPECTOR Rough Display in a Conspicuous Place on the Premises — Do Not Remove Final No Lathing or Dry Wall To Be Done FIRE DEPARTMENT Until Inspected and Approved by the Building Inspector. Burner Street No. SEE REVERSE SIDE Smoke Det. HOwiti KAREN H.P. NELSON fro Town of 120 Main Street, 01845 Director (508)53099M 688-9545 NORTH ANDOVER BUILDING CONSERVATION e8 s` DIVISION OF PLANNING PLANNING & COMMUNITY DEVELOPMENT • NA March 13, 1995 II Royal Crest Estates 50 Royal Crest Drive North Andover, MA Attention: Jonathan Crawford e Re: Electrical Permit #2146 - U/A 510-569 Dear Sir: Please be advised that the work done under Permit #2146 is a temporary repair only. This situation must be rectified within 30 days. Please keep this Department informed with regard to progress on subject project. Be advised that a new Permit will be needed. The cost will be $35.00 (Thirty-five dollars) per unit x 13 which totals $455.00 (Four hundred fifty-five dollars). Very truly yours, ' James DeCola, Electrical Inspector JD:gb c/R. Nicetta, Insp. of Bul3dings K. Mahony, Director I I I F . Commonwealth of Massachusetts pf tcs a.{�e North Andover a Board of Health 1600 OSGOOD STREET s'4 Us�4� BUILDING 20; SUITE 2-36; South NORTH ANDOVER,MA 01845 DATE PRINTED: 12/15/2010 ESTABLISHMENT NAME: Royal Crest.Estates Royal Crest Estates 50 Royal Crest Drive Attn:Property Manager File Number:BHF-2002-000103 NORTH ANDOVER MA 01845 LOCATED AT: , MA Permit Type Permit No. Permit Issued Permit Expires Fee Restrictions/Notes Dumpster Permit BHP-2011-0392 Jan 1,2011 Dec 31,2011 $60.00 Allied Waste Company;Pickups 6 days per week; 800.442.9006/ Contact:Deana Susko;978.682.7200 Total Fees: $60.00 r I PERMIT EXPIRES December 31,2011 Board of Health Page 1 2—q 2-SZ--L4 To: Vinnie Mawn at L V M J Corporation 2_5�-S I i From: MATULA, DAN, Executive Vice President Redevelopment&Construction Services ORGAN,TONY,Vice President of Construction, Construction Services Z34 — STEICH, MATTHEW, Regional Director of Construction, Construction Services Milinazzo, Dan, Project Manager, Construction Services -Z C5�3 — Date: August 30,2013 Re: Executed Contract and Related Matters Attached is your copy of the executed contract with AIMCO NORTH ANDOVER, L.L.C., an affiliate of Apartment Investment and Management Company ("Aimco"), for construction services at Royal Crest Estates (North Andover). We want to take this opportunity to inform you that Aimco is committed to conducting its business in accordance with applicable laws, rules and regulations and the highest standards of business ethics. If during the period of your business relationship with Aimco, you believe the Aimco team members with whom you are dealing are not living up to these standards, we ask that you report such conduct to one of the following: • MATULA,DAN, Executive Vice President Redevelopment&Construction Services: (303)691-4547 • COHN,LISA, Executive Vice President and General Counsel: (303)691.4415 • HANSON,MIKE,Vice President–Internal Audit: (303)691-4376 If you prefer to remain anonymous, you may make a report using Aimco's anonymous and confidential reporting system, MySafeWorkplace,which is available 24 hours a day, seven days a week via the Internet at www.MySafeWorkplace.com or by calling 1-888-481-7123.We encourage you to use MySafeWorkplace only if you do not feel comfortable reporting issues directly to an Aimco representative. We would also like to remind you that Aimco has a Code of Business Conduct and Ethics,which prohibits Aimco employees from accepting meals, entertainment, services or gifts from anyone who does business with Aimco unless the amount of such item is less than$25.AIMCO Construction Services has a$0 policy. This provision is to specifically include, but is not limited to, suppliers or other contracted labor utilized under this project. It is the responsibility of this Contractor to advise any subcontracts or suppliers of the AIMCO Code of Business Conduct and Ethics. Mid-range,GC,Lump Sum,Contract,2-JAN-12 1 of 26 GENERAL CONSTRUCTION SERVICES CONTRACT Contract Number: 15646-420571 -CP-00004 Contractor: L V M J Corporation Property: Royal Crest Estates North Andover Address: 65 Howard Street Location: 50 Royal Crest Drive Braintree,MA 02184 North Andover,MA 01845 Representative: Vinnie Mawn ssuing Office: AIMCO Regional Office Telephone: 617 719-3902 ddress: 3331 Street Road,Suite 450 Facsimile: Bensalem, PA 19020 E-mail: lvm46@beld.net Contract Sum: $253,500.00 ontrad T e: Lump Sum This General Construction Services Contract (the "Contract") is effective as of 8/30/13, by and between OWNER (as hereinafter defined) and CONTRACTOR (as hereinafter defined) who hereby agree that all Work(as hereinafter defined)specified below shall be performed by CONTRACTOR in accordance with all provisions of this Contract,consisting of the following components: This Contract Exhibit"A"Scope of Work Exhibit"B"Specifications and Drawings Exhibit"C"Quantities,Pricing and Data Exhibit"D"Construction Schedule Exhibit"E"Forms A brief synopsis of the Work(as hereinafter defined and set forth in greater detail)is as follows: Foundation Waterproofing and Drainage at 23,24,26, and 49 The Work(as hereinafter defined)shall be performed in accordance with the dates set forth below and in the Construction Schedule(as that term is defined at Paragraph 3.2 of the Contract),subject to any adjustments by Change Order(as hereinafter defined) in accordance with the terms of this Contract. Date of Commencement: 9/09/2013 Date of Final Completion: 10/25/2013 GENERAL CONSTRUCTION SERVICES CONTRACT ARTICLE 1 GENERAL PROVISIONS 1.1 CERTAIN DEFINITIONS 1.1.1 The term "Addenda" means those documents containing additions, changes, corrections or modifications to the Contract Documents (as hereinafter defined) issued by the Architect (as hereinafter defined)during the bidding period or prior to the award of contract. Addenda become part of the Contract Documents. 1.1.2 The term"Architect"means the person or entity retained by OWNER to provide architectural services including, but not limited to, the preparation of Specifications and Drawings for the Project and the providing of construction administration services. Mid-range,GC,Lump Sum,Contract,2-JAN-12 2 of 26 1.1.3 The term"Change Order"means a written order to CONTRACTOR signed by OWNER, issued after the execution of the Contract, authorizing an extra or a change in the Work or an adjustment in the Contract Sum(as herein defined)or the Construction Schedule. 1.1.4 The term"CONTRACTOR"means the entity designated as L V M J Corporation. 1.1.5 The term"Drawings" means the graphic and pictorial portions of the Contract Documents, showing the design, location, and dimensions of the Work, generally including plans, elevations, sections, details schedules and diagrams. 1.1.6 The term"Final Completion"or"Finally Complete"means the point in time that the Work has been fully completed (including, but not limited to, all Punch Lists) in accordance with the terms and conditions set forth in the Contract Documents(as herein defined). 1.1.7 The term "Milestone(s)"shall mean a major task, or designated portion of the Work, as identified in the Construction Schedule, including, but not limited to,the completion of a unit or floor. 1.1.8 The term "Milestone Date(s)" shall mean the date(s) identified in the Construction Schedule for completion of a Milestone. 1.1.9 The term "Modification" means (1)Written Amendment to the Contract signed by both parties; (2) Written Change Order executed in accordance with the requirements of the Contract Documents; or (3)Written change notice directing minor changes in the Work. 1.1.10 The terms"Law"or"Laws"means any and all applicable laws, rules, regulations, ordinances,codes, and/or orders,judgments or decrees of Federal, State, Department, City or local governments,courts or tribunals and any other governmental entity having jurisdiction over the Work,or over the Site. 1.1.11 The term"Project" means the total construction for the Property of which the Work performed under the Contract Documents may be the whole or a part and which may include construction by OWNER or by separate contractors. 1.1.12 The term "Project Site" or"Site" means the space available to CONTRACTOR for performance of the Work,either exclusively or in conjunction with others performing other work as part of the Project. The extent of the Site is shown on the Drawings. 1.1.13 The terms"Punch List"or"Punch Lists"means a list or lists of items within the Project, prepared by OWNER or its representative and confirmed by CONTRACTOR, that remain to be replaced or completed in accordance with the requirements of the Contract Documents at the time of Substantial Completion(as herein defined). 1.1.14 The term"Schedule of Values"means a listing of elements, systems, items or other subdivisions of the Work, establishing the value for each, the total of which equals the Contract Sum (as herein defined). The Schedule of Values is used for establishing the cash flow for the Project. 1.1.15 The term "Shop Drawing" means a drawing created by CONTRACTOR, Subcontractor, vendor, manufacturer or other entity that illustrates construction, materials,dimensions, installation and other pertinent information for the incorporation of an element or item into the construction. 1.1.16 The term "Specifications" means the portion of the Contract Documents consisting of the written requirements for materials, equipment, systems, standards and workmanship of the Work, and performance of related services. 1.1.17 The term"Subcontractor"means a person or entity that has an agreement(whether written or oral) with CONTRACTOR to perform any portion of the Work. The term Subcontractor does not include the Architect or any separate contractor employed by OWNER or any separate contractor's subcontractors. Mid-range,GC,Lump Sum,Contract,2-JAN-12 3 of 26 1.1.18 The term"Sub-subcontractor" means a person or entity that has an agreement(whether written or oral)with a Subcontractor to perform any portion of the Subcontractor's work. 1.1.19 The term "Substantial Completion" or"Substantially Complete" means the stage in the progress of the Work when the Work, or designated portion thereof, is sufficiently complete in accordance with the Contract Documents so that OWNER can occupy or utilize the Work for its intended use. The occurrence of Substantial Completion will be confirmed by a certificate of Substantial Completion signed by OWNER and CONTRACTOR. The certificate will state the respective responsibilities of OWNER and CONTRACTOR for security, maintenance, damage to the Work, and insurance. The certificate shall also list the items to be completed or corrected and establish the time for their completion and correction. 1.1.20 The term "Work" means the construction and services required by, and reasonably inferable from, the Contract Documents in connection with the Project, including, but not limited to, the construction and services set forth in, and reasonably inferable from Exhibit"A"attached hereto, and includes the furnishing of all materials, labor, equipment, supplies, superintendence, tools, scaffoldings, transportation, and all other services, purchases and facilities necessary for the full performance and completion of CONTRACTOR's undertakings and obligations under the Contract Documents. Work also means that which is produced, constructed or built pursuant to the Contract Documents. 1.1.21 The term "OWNER" means AIMCO NORTH ANDOVER, L.L.C. subject to the terms of Paragraph 13.26. 1.1.22 OTHER DEFINITIONS 1.1.22.1 The term "provide," including derivatives thereof, shall be interpreted to mean furnish, fabricate, complete, transport, deliver, install, erect, construct and finish, including all labor, materials, equipment, apparatus, appurtenances and expense necessary to complete in place, ready for operation or use under the terms of the Contract Documents. 1.1.22.2 The term"furnish"means supply or furnish only to the Project Site. 1.1.22.3 The term"install"means install any product or material furnished. Such products and materials shall be received at the Site, unloaded, stored, protected and installed complete in place, including connections, auxiliary items and other materials and Work required for a complete and properly functioning installation, unless any such Work is specifically excluded. 1.1.22.4 The term "review" when used in conjunction with Architect's response to submittals, requests, applications, inquiries, reports and claims by CONTRACTOR shall be limited to the Architect's responsibilities and duties as specked in the Contract Documents. In no case will the Architect's review be interpreted as a release of CONTRACTOR from its responsibilities to fulfill requirements of the Contract Documents. 1.2 CONTRACT DOCUMENTS 1.2.1 The "Contract Documents" consist of this Contract, Exhibits to the Contract, Drawings, Specifications, Addenda issued prior to the execution of the Contract, and Modifications issued after execution of this Contract. The intent of the Contract Documents is to include all items necessary for the proper execution and completion of the Work by CONTRACTOR. The Contract Documents are complementary, and what is required by one shall be as binding as if required by all; performance by CONTRACTOR shall be required to the extent consistent with the Contract Documents and reasonably inferable from them as being necessary to produce the indicated results. In the event of a conflict or inconsistency between any of the provisions of the Contract Documents, the provision granting greater rights or remedies to OWNER, as determined by OWNER, or imposing the greater duty, standard, responsibility or obligation on the CONTRACTOR, as determined by OWNER, shall govern and control. Mid-range,GC,Lump Sum,Contract,2-JAN-12 4 of 26 1.2.2 The Contract Documents taken together constitute the entire and exclusive agreements between the parties with reference to the Project, and supersede any and all prior discussions, communications, representations, understandings, negotiations or agreements. This Contract may not be modified except in writing signed by the parties'designated representatives or corporate officers. 1.3 INSTRUMENTS OF SERVICE 1.3.1 Drawings, Specifications and other design information prepared by the Architect are instruments of the Architect's service for use solely with respect to the Work ("Instruments of Service". The Architect and OWNER will retain all common law, statutory and other reserved rights in said Instruments of Service, including the copyright. They are not to be used by CONTRACTOR or any Subcontractor, Sub-subcontractor or material or equipment supplier for other projects or for additions to the areas affected by the Work outside the scope of this Contract without the specific written consent of OWNER. 1.4 PROJECT SITE REVIEW 1.4.1 In accordance with the standard of performance set forth in Paragraph 2.2 of the Contract, CONTRACTOR shall, prior to the performance of any Work hereunder, (a) carefully examine and review the Project Site, the Contract Documents and the adjacent areas, as well as any and all geotechnical and environmental reports, surveys, and as-built drawings to ascertain the nature and location of the Work and general and local conditions applicable to the Work, and (b) perform any destructive testing and consult with any locater services as necessary to discover any concealed subsurface conditions, such that CONTRACTOR is satisfied that CONTRACTOR can complete the Work consistent with the Contract Documents without the need for any change to the Contract Sum or Construction Schedule(the"Project Site Review"). Notwithstanding the foregoing, CONTRACTOR's responsibilities with respect to the identification of hazardous materials at the Project Site shall be limited to its responsibility to review the materials provided to it by OWNER. ARTICLE 2 THE WORK OF THIS CONTRACT 2.1 CONTRACTOR shall fully execute the Work of this Contract. CONTRACTOR shall use its best efforts to subcontract for all of the materials, labor,equipment and services necessary to perform the Work or shall self-perform the Work. 2.2 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. 2.3 The CONTRACTOR understands and acknowledges that the OWNER may be obtaining a loan, tax credits and/or other financing or assistance for the Project from certain federal and/or state housing and development agencies and that, therefore, this Contract may be subject to certain regulatory requirements of the City and State in which the Project is located (including, but not limited to, the State financing agency and the State Historic Preservation agency,as applicable),the Department of Housing and Urban Development as well as the requirements of lender(s), investors and tax credit syndicator(s) ("Regulatory Requirements"). To the extent that the Project is subject to any of the aforementioned Regulatory Requirements, CONTRACTOR agrees to perform, and shall cause its Subcontractors to perform, the Work in a manner sufficient to satisfy and fully comply with such Regulatory Requirements. In particular, and without limiting the generality of the foregoing, the CONTRACTOR agrees to cooperate and assist OWNER in complying with any and all loant inancing requirements including, but not limited, to the execution of any and all required consents, certificates and statements, as well as the use of any and all required payment, lien, change order, schedule of values and other form documents. Mid-range,GC,Lump Sum,Contract,2-JAN-12 5 of 26 ARTICLE 3 TIME 3.1 DATE OF COMMENCEMENT 3.1.1 The"Date of Commencement"of the Work shall be 9/09/2013, unless OWNER, in its sole discretion, issues a written notice to proceed that differs from the terms set forth herein, in which case the date set forth in the notice to proceed shall serve as the Date of Commencement. 3.2 CONTRACTOR'S CONSTRUCTION SCHEDULE 3.2.1 CONTRACTOR shall prepare and submit to OWNER a construction schedule (the "Construction Schedule") based on and consistent with OWNER's requirements. The Construction Schedule shall utilize critical path methodology(CPM)with a computerized database and production program. The Construction Schedule shall identify any Milestone and Milestone Dates; identify the Scheduled Date(s) of Substantial Completion; identify the Scheduled Date of Final Completion; identify separately all tasks of Subcontractors identified in the Schedule of Values; identify dates for the preparation and delivery of Shop Drawings; set forth any portions of the Project having occupancy priority, and identify the Date of Commencement consistent with the terms of this Contract. The Construction Schedule shall allow for and reflect: i) typical local weather conditions; ii) Work restrictions; iii) Time for needed approvals; iv) Inspections and/or tests; v) The work of OWNER's separate contractors;and vi) Coordination of Work with ongoing operations. 3.2.2 Upon OWNER's review and approval of the Construction Schedule, the Construction Schedule will become part of this Contract as Exhibit "D". The CONTRACTOR shall update the Construction Schedule in each of the following instances: (i) on a monthly basis; (ii) as reasonably requested by OWNER; iii)whenever a change in the Work affects the Construction Schedule, Milestone Dates or the scheduled date of Substantial Completion; and (vi) whenever the CONTRACTOR alters the means, methods or sequence of the Work in such a manner so as to affect the Construction Schedule. Such updated schedule shall be submitted with each of CONTRACTOR's Applications for Payment as a condition precedent to CONTRACTOR's right to payment hereunder. 3.2.3 Time is of the essence in the performance of the Work. The Construction Schedule may be modified only as specifically set forth in this Contract. 3.2.4 There shall be no changes to the Construction Schedule unless a Change Order is executed in connection therewith. 3.2.5 To the extent that any of the following events results in an actual delay in the progress of the Work, and is not caused in whole or in part by CONTRACTOR, such delay shall entitle CONTRACTOR to an extension of any applicable time periods in the Construction Schedule, such extension being CONTRACTOR's sole remedy for such delay: i) Acts (including delays in acting or failure to act) of the State or the City or of any other governmental or regulatory authority that are not the result of any fault or negligence of CONTRACTOR or Subcontractors; ii) Acts (including delays in acting or failure to act) of the OWNER, Architect, or of any employee of either,or of a separate contractor employed by the OWNER; iii) Restraints or injunctions issued by a judicial body requiring that the Work or any portion thereof shall be halted; iv)Unforeseen changes in Law; v)Fires,floods,earthquakes,civil disturbances,wars,insurrections,or riots;or vi) Strikes, involuntary work stoppages, labor disputes, lockouts not resulting from any fault of CONTRACTOR or the Subcontractors; vii)Weather conditions which, measured on a monthly basis, are more than 25% more severe than the monthly averages for temperature or precipitation, as calculated over the prior ten-year period, for the local area as determined by the National Weather Service;or Mid-range,GC,Lump Sum,Contract,2-JAN-12 6 of 26 viii)Concealed Conditions,subject to the terms of Paragraph 6.22. 3.2.6 CONTRACTOR's obligation to properly and timely perform and complete the Work in accordance with the Contract Documents shall be absolute. CONTRACTOR shall carry on the Work and adhere to the Construction Schedule during all disputes or disagreements with OWNER. 3.3 ACCELERATION OF THE WORK 3.3.1 If CONTRACTOR's rate of progress is such that the amount of Work within any time period required by the Construction Schedule is less than the amount therein specified to be completed within such time, and it reasonably appears that CONTRACTOR shall be unable to achieve the Milestone(s) by the Milestone Date(s), Substantial Completion of the Work by the Scheduled Date of Substantial Completion or Final Completion of the Work by the Scheduled Date of Final Completion, 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 as a result thereof. 3.3.2 In addition to OWNER's right to accelerate the Work pursuant to Paragraph 3.3.1, OWNER may 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 in the amount of the costs incurred directly by the Subcontractors as a result of the acceleration. 3.4 LIQUIDATED DAMAGES 3.4.1 CONTRACTOR acknowledges that in the event that it fails to achieve: (i) Final Completion of the Milestone(s) by the Milestone Date(s); or (ii) Final Completion of the entire Work by the Scheduled Date of Final Completion, 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. 3.4.2 Liquidated damages will be assessed when incurred and, in such event, shall be reflected as a deduction from any amounts due under any Applications for Payment pending at the time that such liquidated damages are assessed. All liquidated damages that have not been deducted from previous payments in accordance with this Paragraph will be deducted from the Final Payment. In the event the amount of Final Payment is insufficient to cover the amount of liquidated damages incurred,the CONTRACTOR shall promptly pay to the OWNER any difference. ARTICLE 4 COMPENSATION 4.1 CONTRACT SUM 4.1.1 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. 4.2 PROGRESS PAYMENTS 4.2.1 For the Work provided hereunder, CONTRACTOR agrees to provide OWNER with "Applications for Payment"in the form attached hereto as Exhibit"E", unless 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 Mid-range,GC,Lump Sum,Contract,2-JAN-12 7 of 26 month. Other than as set forth in Article 11.1 hereof,CONTRACTOR shall have no right to terminate this Contract as a result of any dispute with OWNER. 4.2.2 CONTRACTOR shall submit Applications for Payment no more than once a calendar month. OWNER will pay CONTRACTOR that amount set forth in the Application for Payment within 30 days after OWNER's receipt of an Application for Payment, less those amounts properly withheld pursuant to the terms of this Contract. OWNER may utilize any one of the following as a basis for rejecting, and requiring CONTRACTOR to resubmit, an Application for Payment: i) failure to specify the full contract number; ii)failure to submit full supporting documentation required by Paragraph 4.2.5; 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; iv)failure to submit a Construction Schedule;v)failure to submit certified payrolls,if applicable;or vi)any other basis provided in this Contract. 4.2.3 Subject to other terms and provisions of this Contract, the amount of each Progress Payment shall be computed as follows: i) Take that portion of the Contract Sum properly allocable to completed Work as determined by multiplying the percentage completion of the Work by the total Contract Sum, less retainage as set forth in Paragraph 4.2.4; ii)Subtract the aggregate of previous payments made by OWNER;and iii) Subtract amounts, if any, which OWNER has withheld as provided in Paragraph 4.2.6 of this Contract. 4.2.4 Retention. The amounts for each progress payment will be on the basis of ninety percent (90%)of the value of labor, materials and equipment satisfactorily incorporated in the Work for such progress payment, and ninety percent (90%) of the proportional amount of the Contractor's Fee based upon the portion of the Cost of the Work being paid by Owner in such progress payment, until the conditions for Substantial Completion set forth in Article 8 of the Terms and General Conditions have been satisfied. Except with Owner's prior approval, payments to Subcontractors shall be subject to retention of not less than ten percent(10%). 4.2.5 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," all documentation required by OWNER in support of such Application for Payment, including, without limitation, such bill of sale, receipts or other proofs of purchase for materials, equipment and supplies purchased in connection with the CONTRACTOR's and its Subcontractor's (of any tier) performance of the Work, as well as 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. 4.2.6 OWNER may withhold any payment, including the retainage, to CONTRACTOR, for any reason, including, but not limited to, if: (i)there is defective Work that has not been remedied; (ii)third parties have filed claims or liens or have threatened to file claims or liens; (iii) CONTRACTOR has failed to pay Subcontractors for labor, materials or equipment; (iv) damage has been caused to OWNER or another CONTRACTOR by the acts or omissions of CONTRACTOR and anyone for whom CONTRACTOR is liable; (v) CONTRACTOR fails to submit an invoice as required by the terms of this Contract; or (vi) CONTRACTOR fails to carry out the Work in accordance with the Contract Documents ("Disputed Amount"). OWNER may withhold the Disputed Amount until the dispute is resolved by settlement, dispute resolution or judicial determination. However, both OWNER and Mid-range,GC,Lump Sum,Contract,2-JAN-12 8 of 26 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. 4.2.7 Notwithstanding anything in this Contract to the contrary, OWNER may elect, in OWNER's sole discretion, to make any payment requested by CONTRACTOR on behalf of a Subcontractor of any tier jointly payable to CONTRACTOR and such Subcontractor. CONTRACTOR and such Subcontractor shall be responsible for the allocation and disbursement of funds included as part of any such joint payment. Any joint payment hereunder shall constitute payment to CONTRACTOR, in the full amount of the joint payment, as if such joint payment were made to CONTRACTOR alone. In no event shall OWNER's agreement to make a joint payment or the making of a joint payment be construed to create any(i)contract between OWNER and a Subcontractor of any tier, (ii)obligations from OWNER to such Subcontractor,or(iii)rights in such Subcontractor against OWNER. 4.3 PAYMENT UPON SUBSTANTIAL COMPLETION AND FINAL PAYMENT 4.3.1 When the entire Work is Substantially Complete and a certificate of Substantial Completion has been issued as provided herein, CONTRACTOR's subsequent progress payment shall be calculated to include a sum sufficient to increase the total payments to the full amount of the Contract Sum, less an amount calculated by OWNER to equal one hundred and fifty percent (150%) of the value of the incomplete Work(the"Final Retention"). 4.3.2 "Final Payment", consisting of the Final Retention as calculated in Paragraph 4.3.1 above, shall be made by OWNER when CONTRACTOR has achieved Final Completion except for CONTRACTOR's warranty obligations. 4.3.3 A precondition to CONTRACTOR's entitlement to Final Payment shall be the execution and delivery of final lien waivers from itself and each of its Subcontractors in form and substance approved b PP Y OWNER. Additionally, prior to and as a condition of Final Payment hereunder, all Operation and Maintenance Manuals, As-Built and Record Drawings, manufacturer's guarantees/warranties, and any other documentation as may be reasonably required by OWNER to close out the Project or otherwise expressly set forth in this Contract as a condition to Final Payment shall be submitted to OWNER. 4.3.4 OWNER's Final Payment to CONTRACTOR will be made no later than 30 days after OWNER's acceptance of the Work and CONTRACTOR's satisfaction of all of the contractual prerequisites to Final Payment set forth herein. 4.3.5 The acceptance of Final Payment shall constitute a waiver of all claims by CONTRACTOR against the Indemnified Parties (as defined in Paragraph 10.3.1), 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. 4.4 WAIVER OF RIGHTS UNDER APPLICABLE PROMPT PAYMENT STATUTES Mid-range,GC,Lump Sum,Contract,2-JAN-12 9 of 26 THE CONTRACTOR AGREES THAT THE TERMS OF THIS AGREEMENT SHALL GOVERN AND CONTROL THE RIGHTS AND OBLIGATIONS OF THE PARTIES WITH RESPECT TO PAYMENT AND, THEREFORE, THE CONTRACTOR HEREBY WAIVES ANY AND ALL RIGHTS AND PROTECTIONS AFFORDED BY THE PROVISIONS OF ANY STATUTE TO THE EXTENT INCONSISTENT WITH THE REQUIREMENTS FOR PAYMENT HEREUNDER. The CONTRACTOR shall include a similar provision in each of its agreements with its Subcontractors. ARTICLE 5 OWNER 5.1 OWNER'S RIGHT TO PERFORM CONSTRUCTION AND TO AWARD SEPARATE CONTRACTS 5.1.1 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. 5.1.2 CONTRACTOR shall coordinate and cooperate with separate contractors employed by OWNER. 5.2 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 may change its representative by notice to CONTRACTOR in writing signed by its representatives or by a corporate officer. 5.3 OWNER and OWNER's Representative will not have control over or charge of and will not be responsible for construction means, methods, techniques, sequences or procedures, or for safety precautions and programs in connection with the Work, since these are solely CONTRACTOR's responsibility. OWNER will not be responsible for CONTRACTOR's failure to cant'out the Work in accordance with the Contract Documents. 5.4 OWNER's Representative will have authority to reject Work that does not conform to the Contract Documents. 5.5 OWNER will have the right to provide materials to CONTRACTOR for incorporation into the Work. To the extent that such materials are included in the Contract Sum, the Contract Sum shall be adjusted to provide OWNER with a credit for such OWNER supplied materials. 5.6 OWNER's Representative will be the individual listed below. OWNER may change OWNER's Representative by notice to CONTRACTOR in writing. OWNER's Representative: Milinazzo, Dan Address: 3331 Street Road, Suite 450 Bensalem, PA 19020 ARTICLE 6 CONTRACTOR 6.1 CONTRACTOR shall have a continuing duty to read,examine,review,compare and contrast each of the documents which make up the Contract Documents, Shop Drawings, and other submittals and shall give written notice to OWNER of any conflict, ambiguity, error or omission which CONTRACTOR may find with respect to these documents before proceeding with the affected Work. The express or implied approval by OWNER of any Shop Drawings or other submittals shall not relieve CONTRACTOR of the continuing duties imposed hereby, nor shall any such approval be evidence of CONTRACTOR's compliance with the Contract Documents. OWNER MAKES NO REPRESENTATION OR WARRANTY OF ANY NATURE WHATSOEVER TO CONTRACTOR CONCERNING THE CONTRACT DOCUMENTS. 6.2 CONTRACTOR shall supervise and direct the Work, using CONTRACTOR's best skill and attention. CONTRACTOR shall be solely responsible for and have control over construction means, methods, techniques, sequences and procedures, and for coordinating all portions of the Work under the Mid-range,GC,Lump Sum,Contract,2-JAN-12 10 of 26 Contract, unless the Contract Documents give other specific instructions concerning these matters. If the Contract Documents give specific instructions concerning construction means, methods, techniques, sequences or procedures, CONTRACTOR shall be fully and solely responsible for the jobsite safety thereof unless CONTRACTOR gives timely written notice to OWNER that such means, methods, techniques, sequences or procedures may not be safe. 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. 3) 6.2.1 The obligation of CONTRACTOR under Paragraph 6.2 shall include, but not be limited to, the duty to provide and maintain at the Site, at CONTRACTOR's sole cost and expense, suitable and sufficient lights, barricades and enclosures. All damage or loss to any property caused in whole or in part by CONTRACTOR, its Subcontractor or their agents or anyone directly or indirectly employed by any of them or by anyone,for whose acts any of them may be liable, shall be remedied by CONTRACTOR. OWNER reserves the right at all time, but shall not be obligated, to stop Work that OWNER has actual knowledge is being performed in an unsafe manner until CONTRACTOR rectifies such unsafe condition. 6.2.2 CONTRACTOR acknowledges that OWNER,or the Project, may have certain specific limitations on the days and times on or during which the CONTRACTOR may perform the Work under this Contract (the "Permitted Days/Hours of Operation"). Accordingly, it shall be the sole responsibility of the CONTRACTOR to request such information from the OWNER. CONTRACTOR shall be solely liable for any damages, costs or expenses arising out of CONTRACTOR's failure to perform the Work within such Permitted Days/Hours of Operation. 6.3 CONTRACTOR shall designate to OWNER, as set forth hereinabove, a representative authorized to act on CONTRACTOR's behalf with respect to the Project ("CONTRACTOR's Representative"). CONTRACTOR's Representative shall not be replaced without the prior written consent of OWNER. All communications given to CONTRACTOR's Representative shall be binding on CONTRACTOR. 6.4 CONTRACTOR, within thirty (30)days after the execution of this Contract, shall furnish in writing to OWNER the names of Subcontractors or suppliers for each portion of the Work. OWNER will promptly reply to CONTRACTOR in writing if OWNER has reasonable objection to the Subcontractors or suppliers listed. 6.5 If anyone for whom CONTRACTOR is responsible proves unsatisfactory to OWNER, OWNER will provide CONTRACTOR with written notification. If the unsatisfactory behavior has not been corrected to OWNER's satisfaction within one (1) day from receipt of written notice, such person or entity shall be immediately removed and promptly replaced. 6.6 CONTRACTOR shall keep notes of all the deviations and discrepancies concerning the Site conditions and other items of construction and Work, including but not limited to concealed conditions, on field drawings. At the completion of the Project, CONTRACTOR shall provide a final record set of construction documents that incorporate the as-built final condition of the Project. 6.7 The submission of accurate record documents and manufacturers' guarantees and warranties and maintenance and operating manuals by CONTRACTOR are conditions precedent to CONTRACTOR receiving Final Payment. 6.8 LABOR,MATERIALS AND EQUIPMENT 6.8.1 Unless otherwise provided in the Contract Documents, CONTRACTOR shall provide and pay for labor, materials, equipment,tools, utilities,transportation, and other facilities and services necessary for proper execution and completion of the Work. 6.8.2 CONTRACTOR shall deliver, handle, store and install all materials, including OWNER supplied materials, in accordance with manufacturers' instructions. Mid-range,GC,Lump Sum,Contract,2-JAN-12 11 of 26 6.8.3 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. 6.9 PERMITS, FEES AND NOTICES 6.9.1 CONTRACTOR shall obtain and pay for the building permit and other permits and governmental fees, licenses and inspections necessary for proper execution and completion of the Work. 6.9.2 CONTRACTOR shall comply with and give notices required by Laws applicable to performance of the Work. If CONTRACTOR observes that portions of the Contract Documents are at variance with Laws, CONTRACTOR shall promptly notify the Architect and OWNER in writing. If CONTRACTOR performs Work knowing it to be contrary to Laws without notice to the Architect and OWNER, CONTRACTOR shall assume full responsibility for such Work and shall bear the attributable costs. 6.10 CONTRACTOR shall confine operations at the Site to areas permitted by law, ordinances, permits, the Contract Documents and OWNER. The Work shall be executed in a manner that will cause as little inconvenience as possible to OWNER in OWNER's use of the property and existing facilities and structures. Where applicable CONTRACTOR shall provide and maintain adequate, dust tight, protective coverings, enclosures and barricades about the area affected by the Work and shall keep the same in repair throughout the prosecution of the work. CONTRACTOR shall take every precaution not to negatively impact adjacent or nearby tenants, by noise, vibration, dust or other means. 6.11 CONTRACTOR shall be responsible for cutting, fitting or patching required to complete the Work or to make its parts fit together property. 6.12 CONTRACTOR shall keep the premises and surrounding area free from accumulation of debris and trash related to the Work. Within twenty-four (24) hours from the completion of any Work, or any portion of Work, CONTRACTOR shall remove all waste material, rubbish, tools, construction equipment, machinery and surplus materials from the Property, and shall leave the Work area broom clean or its equivalent at the end of each work day. If CONTRACTOR fails to clean the premises, OWNER may perform such clean up and the cost shall be deducted from any payment requests submitted by CONTRACTOR. CONTRACTOR is responsible for removal and proper disposal of all waste from the Work. 6.13 TESTING AND INSPECTION OF WORK 6.13.1 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. 6.13.2 If such testing or inspection reveals a failure of the portions of the Work to comply with requirements established by the Contract Documents, CONTRACTOR shall bear all costs made necessary by such failure. If any portion of the Work is covered prior to or contrary to CONTRACTOR having obtained the approval of OWNER it must, if required in writing by OWNER, be uncovered for OWNER's observation and be replaced at CONTRACTOR's expense without change in the Construction Schedule. 6.13.3 If OWNER chooses to accept any portion of the Work that is not in accordance with the requirements of the Contract Documents, OWNER may do so instead of requiring its removal and correction in which case the Contract Sum will be reduced as appropriate and equitable. Mid-range,GC,Lump Sum,Contract,2-JAN-12 12 of 26 6.14 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 speck warranties required by any of the Contract Documents stipulate a longer time period,the longer time period shall govern. 6.15 CONTRACTOR shall enforce OWNER's instructions regarding signs, advertisements, fires and smoking. No smoking will be permitted, except in designated areas. 6.16 CONTRACTOR is not permitted to connect, disconnect,turn on, or turn off any utility services in any building or facility owned or occupied by OWNER, without OWNER's permission. In all cases, CONTRACTOR shall give notice of the need for a utility service shutdown, to OWNER, in a timely manner so as to avoid delays to the project's progress. In all cases, OWNER requires a minimum of seventy-two hours notice prior to when a utility shutdown is needed. 6.17 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. 6.18 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,or applicable portions of the Work,until the correction is made. 6.19 If CONTRACTOR defaults or neglects to carry out the Work in accordance with the Contract Documents OWNER may, without prejudice to other remedies, correct such deficiencies. In such case, a Change Order shall be issued deducting the cost of correction from payments due CONTRACTOR. 6.20 CONTRACTOR shall be responsible for protecting the Work, and designated portions of the Work (e.g. units and floors) against the elements at the end of each working day and under no circumstances shall any Work, or designated portion of the Work, be left unprotected due to Work under this Contract. In addition, no occupied Work, or designated 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. 6.21 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 needs to be removed due to his or her failure to comply with the terms of this provision, CONTRACTOR shall remove such laborer from the Project Site immediately. 6.22 CONCEALED CONDITIONS 6.22.1 In the event conditions are encountered at the Project Site which CONTRACTOR pursuant to the responsibilities set forth in Paragraph 1.4 of the Contract did not discover or in accordance with the standard of performance set forth in Paragraph 2.2 of the Contract should not reasonably have discovered and such conditions are: (1)subsurface or otherwise concealed physical conditions which differ materially from those indicated in the Contract Documents or(2) unknown physical conditions of an unusual nature, which differ materially from those ordinarily found to exist and generally recognized as inherent in construction activities of the character provided for in the Contract Documents, then notice by the observing party shall be given to the other party promptly before conditions are disturbed and in no event later than three (3) days after first observance of the conditions. OWNER will promptly investigate such conditions and, if they differ materially and cause an increase or decrease in CONTRACTOR's cost of, or time required for, performance of any part of the Work,the Contract Sum and/or Construction Schedule shall be equitably adjusted. Mid-range,GC,Lump Sum,Contract,2-JAN-12 13 of 26 ARTICLE 7 SUBCONTRACTORS; FLOW DOWN REQUIREMENTS 7.1 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, for each Subcontractor, shall provide the OWER with a copy of an executed subcontract agreement, prior to the performance of any Work by such Subcontractor or, if Subcontractor has already commenced any Work, promptly upon its execution. In the event that the OWNER directs the CONTRACTOR to modify such standard form of agreement,the CONTRACTOR shall make all directed changes without cost to the OWNER. OWNER will have the right to approve all Subcontractors, and CONTRACTOR shall not enter into a subcontract with an intended Subcontractor to whom OWNER objects. 7.2 It is the CONTRACTOR's obligation to ensure that all obligations of the CONTRACTOR under the Contract Documents are assumed by, and flowed-down and passed through to, the Subcontractors, Sub-subcontractors and suppliers of every tier, by the inclusion of contractual provisions requiring each of the Subcontractors to bind not only themselves but their lower tier Sub-subcontractors and suppliers (and similarly requiring such lower tier Sub-subcontractors and suppliers to bind themselves and their lower tier subcontractors, and so on for each lower tier, so as to bind all tiers of subcontractors) to the obligations of the CONTRACTOR under the Contract Documents. CONTRACTOR shall expressly include, and shall cause its Subcontractors and suppliers to expressly include, provisions in the subcontract agreements entered into for this Project that shall, without limitation, require each Subcontractor: i) To be bound to CONTRACTOR by the terms of the Contract Documents and to assume toward CONTRACTOR all obligations and responsibilities that CONTRACTOR assumes toward OWNER under the Contract Documents; ii) To submit to CONTRACTOR accurate applications for payment in such reasonable time as to enable CONTRACTOR to apply for payment under the Contract hereof; iii) To make all claims for extras or changes, for extensions of time and for damages for delays or otherwise,to CONTRACTOR in the manner provided for in the Contract Documents; iv)To make OWNER an express intended third party beneficiaries of the subcontracts; v)To waive all rights (including, without limitation, rights of subrogation)that the Subcontractor or its insurers may have against the OWNER and any of the Additional Insureds, to the same extent as such rights of subrogation are required to be waived by CONTRACTOR and/or the CONTRACTOR's insurer(s), except for such rights that the Subcontractor may have to the proceeds of such insurance held by the OWNER or CONTRACTOR; vi) To afford the OWNER and entities and agencies designated by the OWNER the same rights and remedies afforded to them under the Contract Documents with respect to access to and the right to audit and copy at the OWNER's cost all of the Subcontractor's books, records, contracts, correspondence, instructions, drawings, receipts, vouchers, purchase orders, memoranda and other records and documents relating to the Work(specifically including, but not limited to,the rights of the Owner set forth in Section 13.15 herein); vii) To purchase and maintain insurance (and to include the Additional Insureds as additional insureds on the respective Subcontractors' liability policies) in accordance with the requirements of the Contract Documents; viii) To defend, indemnify and hold harmless the Indemnified Parties on the same terms as required of the CONTRACTOR under the terms of the Contract Documents. Such indemnification be fully enforceable and in compliance with applicable Laws;and ix) To warrant and represent that the Subcontractor has reviewed the Contract Documents and inspected the Project Site on the terms provided for in Paragraph 1.4, above. Without limiting the generality of the foregoing, the CONTRACTOR shall include the following provision in each of its subcontract agreements: "Subcontractor agrees to be bound to Contractor by the terms of this Subcontract and all of the Contract Documents and to assume toward Contractor all of the obligations, risks and responsibilities that Contractor has assumed or may Mid-range,GC,Lump Sum,Contract,2-JAN-12 14 of 26 assume towards the Owner under the contract for construction of the Project between the Owner and Contractor dated •1 13 a copy of which is attached hereto as Exhibit _ and incorporated by reference (the "Prime Contract"). In addition to the Contractor's rights and remedies in this Subcontract, Contractor shall have the benefits of all rights and remedies against Subcontractor, which Owner, under the Prime Contract, has against the Contractor. The terms and provisions of this Subcontract regarding Subcontractor's Work shall be in addition to, and not in substitution or derogation of, any of the terms of the Prime Contract. Notwithstanding the incorporation of the Prime Contract into this Subcontract, Subcontractor's rights against Contractor(as opposed to Subcontractor's obligations, risks, responsibilities and limitations) shall be limited solely to the rights and remedies provided to Subcontractor under this Subcontract without regard to any rights and remedies afforded by the Prime Contract. Further, Subcontractor is not, and shall not, be deemed to be a third party beneficiary of the Prime Contract or any other agreement relating to the Project." 7.3 CONTRACTOR agrees: i) To be responsible for all actions, inactions, and omissions of Subcontractors, and lower tier subcontractors, suppliers, and their agents, employees, and any other person employed or performing portions of the Work under a contract with CONTRACTOR or a party to a contract between CONTRACTOR and any Subcontractor or lower tier Subcontractor or supplier;and ii) Nothing contained in the Contract Documents shall be deemed to create any contractual relationship between OWNER and any Subcontractor or lower tier Subcontractor or any other party than OWNER and CONTRACTOR. ARTICLE 8 CHANGES IN THE WORK 8.1 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 Change Order. The form and substance of the Change Order shall be as set forth on Exhibit"E," unless OWNER advises CONTRACTOR, in writing, that a different form will be used on the Project. Upon receipt of such Change Order executed by OWNER, CONTRACTOR shall promptly proceed with such extra or changed Work involved and such extra or change will constitute a portion of the Work. 8.2 In the event that OWNER exercises its rights under Paragraph 8.1 or in the event of any other change in the Work,the Contract Sum shall be adjusted as follows: i) If the parties are able to reach mutual agreement as to the appropriate adjustment, then the Contract Sum shall be adjusted in the amount mutually agreed upon;or ii)By means of unit prices as set forth in Exhibit"C",attached hereto. 8.3 With respect to pricing Change Orders,the maximum marts-up percentage to be paid when the Work is self performed by CONTRACTOR shall be as set forth in Exhibit C ("Self-Performed Mark-up")and when the Work is performed by the Subcontractors, such maximum mark-up shall be as set forth on Exhibit"C"("Subcontractor Mark-up"). ARTICLE 9 SUBSTANTIAL COMPLETION 9.1 Two (2) days prior to that time when CONTRACTOR anticipates that the Work associated with the achievement of any of the Milestone Dates or the Date of Substantial Completion will be sufficiently complete to qualify for Substantial Completion, such that the Work or the renovation of any unit identified by one of the Milestone(s) will be fit for its intended purpose as determined solely by OWNER, CONTRACTOR shall notify OWNER of such condition and request that a certificate of Substantial Completion for such Work be issued upon Substantial Completion. Accompanying this notification, CONTRACTOR shall submit CONTRACTOR's Punch List. Mid-range,GC,Lump Sum,Contract,2-JAN-12 15 of 26 I 9.2 Within a reasonable time after being notified regarding Substantial Completion, OWNER will review CONTRACTOR's Punch List prepared for the Work in question and make a preliminary inspection of the work to determine if it qualifies for Substantial Completion. If in the opinion of OWNER the Work is not substantially complete, CONTRACTOR will be notified of such conditions. 9.3 If, in the opinion of OWNER,all Work associated with the achievement of any of the Milestone Dates is sufficiently complete to qualify for Substantial Completion, OWNER will inspect such Work and prepare OWNER's Punch List for such Work. At the completion of these inspections, a certificate of Substantial Completion of all Work or the Work associated with the achievement of any of the Milestone Dates will be issued by OWNER. CONTRACTOR shall be responsible for completing or correcting all items contained on the Punch Lists, promptly upon CONTRACTOR's receipt of OWNER's Punch List. 9.4 Upon the issuance of the certificate of Substantial Completion of the entire Work, or a certificate of Substantial Completion for Work associated with the achievement of any of the Milestone Dates, OWNER will be responsible for security, maintenance, damages to the completed work, utility costs, and operations of the facility or any portion thereof. CONTRACTOR, however, shall be responsible for any damages caused by CONTRACTOR's efforts to complete the Work, including any clean up costs. CONTRACTOR's insurance will remain in force until the Final Completion of the Work. 9.5 Guarantees and warranties required by the Contract Documents shall commence on the date of Final Completion of the entire Work or any designated portion of the Work as identified by a Milestone. Guarantees and warranties associated with Final Completion of a designated portion of the Work identified by a Milestone shall only commence with respect to that limited scope of Work and shall not commence with respect to the balance of the Work. ARTICLE 10 INSURANCE,INDEMNIFICATION AND BONDS 10.1 CONTRACTOR'S INSURANCE CONTRACTOR shall purchase and maintain at CONTRACTOR's sole expense such insurance as shall protect CONTRACTOR from claims for damages for personal injury, including death, resulting therefrom as well as for property damage, which may arise from operations under this Contract, whether such operations be by CONTRACTOR or by any Subcontractor or by anyone directly or indirectly employed by either of them. CONTRACTOR shall maintain such insurance without interruption from the Date of Commencement of the Work until Final Payment or termination of any coverage required to be maintained after Final Payment. The cost of such insurance shall be included in the Contract Sum. 10.1.1 Coverage shall be at least as broad as: i) Commercial General Liability insurance coverage insuring all operations by or on behalf of CONTRACTOR and including coverage for: (a) premises and operations; (b) products and completed operations; (c) contractual liability insuring the obligations assumed by CONTRACTOR under a Work Authorization; (d) personal injury liability; (e) broad form property damage; and (f) explosion, collapse, and underground ("XCU"); ii) Automotive Liability insurance covering all owned, hired and non-owned vehicles, and shall include coverage for the Automobile Contractual Liability; iii)Workers'Compensation insurance as required by applicable law or regulations or statutes and Employer's Liability insurance. 10.1.2 CONTRACTOR shall maintain limits of liability of at least: 1)Commercial General Liability policy form: $1,000,000 each occurrence bodily injury and property damage, $1,000,000 personal and advertising injury, $2,000,000 products and completed operations aggregate, $2,000,000 general aggregate. If the Contract Sum exceeds $1,000,000, the limits of liability for the Commercial General Liability policy form(both on an occurrence and aggregate basis)shall be no less than an amount equivalent Mid-range,GC,Lump Sum,Contract,2-JAN-12 16 of 26 to the Contract Sum up to a maximum limit of liability(both on an occurrence and aggregate basis)of $10,000,000. 2)Automobile Liability: $1,000,000 combined single limit per accident for bodily injury and property damage. 3)Workers Compensation: Coverage as required by law. 4) Employer's liability: $500,000 bodily injury by accident $500,000 Disease-Each Employee $500,000 Disease Aggregate 5)CONTRACTOR,at its own expense, may obtain other coverages or higher limits. 10.1.3 Any deductibles or self-insured retentions must be declared to and approved by OWNER. At the option of OWNER, either: the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects 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 the insured performs any work, and their respective partners, managers, members, employees, officers, directors, trustees, shareholders, counsel, representatives, agents, successors and assigns ("Additional Insureds"); or CONTRACTOR shall procure a bond guaranteeing payment of losses and defense costs. 10.1.4 The general liability insurance required by this insurance clause shall be written on an occurrence basis. 10.1.5 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 ("Additional Insureds") shall be named as additional insureds under the Commercial General Liability policy and the automobile policy. The Commercial General Liability policy and any excess or umbrella liability policy shall stipulate that the insurance afforded the Additional Insureds shall apply as primary insurance and that any other insurance carried by the Additional Insureds will be excess only and will not contribute with CONTRACTOR's insurance. The Commercial General Liability and any excess or umbrella liability policies shall contain the usual cross liability wording indicating that except for limits of liability, the policies shall operate as though separate policies were issued to each insured. 10.1.6 Each insurance policy required by this insurance clause shall be endorsed to state that coverage shall not be suspended, voided, canceled by either party, reduced in coverage or in limits except after thirty days prior written notice by certified mail, return receipt requested, has been given to OWNER. 10.1.7 Insurance shall be placed with insurers which have an A.M. Best's rating of A-or higher and financial size category of VII or higher or which OWNER deems in writing to be acceptable to OWNER. 10.1.8 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, contract number and all insurance coverages and special conditions as required by this Article. 10.1.9 Certificates are to be signed by a person authorized by the insurer to bind coverage on its behalf. Mid-range,GC,Lump Sum,Contract,2-JAN-12 17 of 26 10.1.10 Failure of OWNER to require such certificates of insurance shall not relieve CONTRACTOR from the responsibility to provide the specified insurance coverages. 10.1.11 CONTRACTOR shall require all Subcontractors to furnish separate certificates of insurance. All coverages for Subcontractors shall be subject to all of the requirements stated herein. CONTRACTOR shall not allow any Subcontractor to begin Work until CONTRACTOR has obtained a certificate evidencing the required insurance or has provided OWNER with evidence of Subcontractor's insurance and OWNER has agreed to accept such insurance in lieu of the limits set forth herein. CONTRACTOR shall retain Subcontractor certificates of insurance on file and shall provide them to OWNER upon demand. 10.1.12 CONTRACTOR and its insurers shall waive any and all rights of subrogation against the Additional Insureds. 10.2 OWNER'S INSURANCE 10.2.1 OWNER will purchase and maintain, in a company or companies lawfully authorized to do business in the jurisdiction in which the Project is located, property insurance in the amount of the initial Contract Sum as well as subsequent modifications thereto for the entire Work at the Site on a replacement cost basis without voluntary deductible. Such coverage shall also insure the existing structure as well as any adjacent property owned by OWNER. 10.2.2 OWNER's property insurance shall not cover tools, apparatus, machinery, scaffolding, hoists, and other similar items commonly referred to as construction equipment, which may be on the Site and the capital value of which is not included in Work. CONTRACTOR shall make its own arrangement for any insurance CONTRACTOR may require on such construction equipment. 10.2.3 OWNER's property insurance shall be written on an "all-risk" basis and include, without limitation, insurance against the perils of fire (with extended coverage) and physical loss or damage including, without duplication of coverage, theft, vandalism, malicious mischief, collapse, earthquake, flood, windstorm, falsework, testing and startup, temporary buildings and debris removal including 9 demolition occasioned by enforcement of any applicable legal requirements, and shall cover reasonable compensation for Architect's and CONTRACTOR's services and expenses required as a result of such insured loss. 10.2.4 OWNER's property insurance shall include an endorsement removing any exclusions from coverage, which might result from occupancy of the building by OWNER and tenants during the course of construction. 10.2.5 OWNER will purchase and maintain insurance,throughout the course of the Project,which will insure OWNER against loss of use/loss of rents due to fire or other hazards caused by an Insured Peril. 10.2.6 CONTRACTOR shall pay the first $10,000 of deductibles under OWNER's property insurance for every claim against OWNER's property insurance that arises out of or results from the acts, errors or omissions of CONTRACTOR or those for whom it is responsible. 10.3 INDEMNIFICATION 10.3.1 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 Mid-range,GC,Lump Sum,Contract,2-JAN-12 18 of 26 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. 10.3.2 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 ("Hazardous Materials"). CONTRACTOR shall indemnify, hold harmless and, if requested by OWNER in its sole and absolute discretion, defend (with counsel approved by OWNER) the Indemnified Parties from and against any and all claims, demands,damages, liabilities,judgment, penalties,fines, interest, reasonable attorneys'fees, costs and expenses (collectively, "Losses"), including,without limitation, Losses associated with bodily injury, property damage, or the removal of the Work and restoration of OWNER's property, to the extent arising out of a breach of the covenant, representation and warranty set forth in this Paragraph or the presence of Hazardous Materials in the Work. Without limiting the foregoing,CONTRACTOR shall retain full responsibility for,and shall bear all cost associated with, any remediation of OWNER's property due to the presence of Hazardous Materials in the Work to the extent remediation is requested by any governmental authority or by OWNER, in its sole discretion. In the event CONTRACTOR fails to promptly undertake such remediation upon request by any governmental authority or OWNER, OWNER will have the right, but not the obligation, to undertake such remediation at CONTRACTOR's sole cost and expense, and charge CONTRACTOR the cost of such remediation (including hard and soft costs), plus interest at the lesser of the maximum permitted by law or 15% on the cost of such remediation, plus an administrative overhead charge equal to 10%of the amount of such remediation. 10.3.3 To the fullest extent permitted by law, the CONTRACTOR shall indemnify, defend and hold harmless the Indemnified Parties from all liabilities, 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 result of a notice of lien, claim for lien, lien, or suit to foreclose a lien filed, given, made or maintained by Subcontractor, Sub-subcontractor or supplier provided that the CONTRACTOR has received payment pursuant to the terms of this Contract and subject to OWNER's rights to withhold payment as provided in this Contract. 10.3.4 To the fullest extent permitted by law, the CONTRACTOR shall indemnify, defend and hold harmless the Indemnified Parties from all liabilities, 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 result of an infringement by the Contractor, or any party for whom Contractor is legally liable,of any claim of any United States or foreign patent, trademark,trade name,copyright or similar right. 10.3.5 The Indemnified Parties persons have the right to select legal counsel of their own choosing to defend them in any action for which CONTRACTOR owes OWNER or such other indemnified persons a defense obligation under this Paragraph. 10.3.6 In claims against any person or entity indemnified under this Paragraph 10.3 by an employee of the CONTRACTOR, a Subcontractor or anyone directly or indirectly employed by them or anyone for whose acts they may be liable, the indemnification obligations under this Paragraph 10.3 shall not be limited by a limitation on the amount or type of damages, compensation or benefits payable by or for the CONTRACTOR or a Subcontractor under workers' or workmen's compensation acts, disability benefit acts or other employee benefit acts. 10.3.7 No person or entity indemnified under the terms of this Paragraph 10.3, or by any other provision in this Contract, shall be indemnified for claims arising from such person's or entity's own negligence, and the provisions of this Paragraph 10.3 shall not be construed to require the 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 10.3 void or unenforceable. Mid-range,GC,Lump Sum,Contract,2-JAN-12 19 of 26 10.3.8 The obligations of the CONTRACTOR pursuant to this Paragraph 10.3 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 10.3. All provisions of this Contract that require CONTRACTOR to insure, defend or indemnify OWNER shall survive any termination,expiration or completion of this Contract. 10.4 PERFORMANCE AND PAYMENT BONDS 10.4.1 Within ten (10) days after the Commencement Date, if requested by OWNER, CONTRACTOR, at its sole cost and expense, shall deliver to OWNER and such other parties OWNER may designate from time to time, both a payment bond and a performance bond, both issued in the full amount of the Contract Sum (along with copies of the paid premium receipts)(the "Bonds"). The Bonds shall be issued by a surety company reasonably satisfactory to OWNER and any lender it may identify to CONTRACTOR (the "Lender"). The Bonds name OWNER and its Lender, if so identified by OWNER, as the Obligee(s) on the Bonds and the Bonds shall guaranty the prompt payment of all amounts to be paid by CONTRACTOR for labor and materials and the due and prompt performance of all of the terms of this Contract. Notwithstanding the foregoing, OWNER may provide CONTRACTOR with written direction expressly waiving CONTRACTOR's obligation to obtain the foregoing Bonds. 10.4.2 If CONTRACTOR fails to furnish the Bonds as set forth in Paragraph 10.4.1, OWNER will have the right, but not the obligation, of securing such Bonds and deducting the cost of the Bonds from the Contract Sum. In such case, CONTRACTOR shall execute such applications and undertakings as shall be required by OWNER to obtain and maintain the Bonds. 10.4.3 Each surety providing a Bond must have a Best's rating not less than B/XII and be licensed in the state where the Work is to be performed. The Bonds shall be drafted in accordance with the most recent version of AIA Document A-311, modified to conform in every material respect to CONTRACTOR's obligations under the Contract. The Bonds must display the Surety's bond number. 10.4.4 The following language shall be included within the terms of the Bonds: Surety hereby consents to and waives notice of any addition, alteration, omission, change or other modification of the Contract Documents as defined in the agreement entered into by the Obligor for the performance of construction services, the value of which, singularly or in the aggregate, do not exceed fifteen percent(15%)of the Contract Sum. With the exception of the foregoing, any addition, alteration, change, extension of time, or other modification of the Contract Documents, or any forbearance on the part of either OWNER or CONTRACTOR to enforce its rights under the Contract which is the subject matter of the bond(s) shall not release Surety of its obligations,thereunder and notice to Surety of all such matters is hereby waived. ARTICLE 11 TERMINATION 11.1 TERMINATION BY CONTRACTOR 11.1.1 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 Worts 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. Mid-range,GC,Lump Sum,Contract,2-JAN-12 20 of 26 11.1.2 If for the reasons set forth in Paragraph 11.1.1, 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. 11.1.3 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 adjustment may be made in the Contract Sum and the Construction Schedule. 11.2 TERMINATION BY OWNER FOR CAUSE 11.2.1 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 in accordance with the respective agreements between CONTRACTOR and the Subcontractors; iii)Disregards any Laws;or iv)Otherwise has materially breached a provision of this Contract. 11.2.2 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. 11.2.3 When OWNER terminates the Contract for one of the reasons stated in Paragraph 11.2, CONTRACTOR shall not be entitled to receive further payment until the Work is complete. 11.2.4 If OWNER's termination of CONTRACTOR pursuant this Paragraph 11.2 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 11.3 hereof. 11.3 TERMINATION BY OWNER FOR CONVENIENCE 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 outstanding orders or subcontracts to OWNER or its designee. CONTRACTOR shall transfer title and deliver to OWNER such completed or partially completed Work and materials, equipment, parts, fixtures, information and Contract rights as CONTRACTOR has. Upon termination pursuant to this Paragraph, CONTRACTOR shall be entitled to payment for that Work 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. 11.4 OWNER'S RIGHT TO SUSPEND CONTRACTOR'S PERFORMANCE AND PERFORM WORK 11.4.1 OWNER will have the right at any time to direct CONTRACTOR to 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. ARTICLE 12 CLAIMS AND DISPUTES Mid-range,GC,Lump Sum,Contract,2-JAN-12 21 of 26 12.1 Definition. A Claim is a demand or assertion by one of the parties seeking, as a matter of right, adjustment or interpretation of the terms of the Contract, payment of money, extension of time or other relief with respect to the terms of the Contract. 12.2 The term"Claim"also includes other disputes and matters in question between the OWNER and the CONTRACTOR arising out of or relating to the Contract. Claims must be initiated by written notice. 12.3 The OWNER shall be the initial interpreter of the requirements of the Contract Documents and judge of the acceptability of the Work thereunder. Claims as to the performance and finishing of the Work, in respect to extras or changes in the Contract Sum,the amount of payment due the CONTRACTOR, or modifications of the Construction Schedule will be initially made by the OWNER. 12.4 Prior to the CONTRACTOR's exercise of any other remedy that may be available under the Contract, the Contract Documents or by law, the CONTRACTOR shall submit all Claims to the OWNER for decision in writingwithin 7 days after the event giving rise to an such dispute occurs or commences. Y 9 9 Y P The CONTRACTOR's failure to submit all claims, disputes and other matters to the OWNER in accordance with this Paragraph shall result in the CONTRACTOR fully and conclusively waiving the right to any remedy that may be available under the Contract, Contract Documents, by law or by regulation. 12.5 If the OWNER's decision on any claim, dispute or other matter shall be adverse to the CONTRACTOR, or if the OWNER makes no decision for 60 days from the CONTRACTOR's submission,the CONTRACTOR shall initiate,and the OWNER shall,at its sole discretion, participate in, a mediation with a mediator mutually selected by the parties. Only upon the conclusion of such mediation, or after notice from the OWNER to the CONTRACTOR of the OWNER's election not to participate in such mediation, shall the CONTRACTOR have an right, remedy or redress b action P , Y 9 Y Y in court or otherwise and the CONTRACTOR's obligations under this Paragraph 12.5 shall 9 9 P a be a condition precedent to any action in court or otherwise. 12.6 The OWNER shall not be required to initiate any mediation of claims or demands it may have against the CONTRACTOR. However, if the OWNER, in its sole discretion, intends to meditate such a claim or demand, the CONTRACTOR shall participate in such mediation and the mediator shall be mutually selected by the parties. The OWNER may abandon such mediation at any time. The OWNER may seek the adjudication in court of any of its rights or remedies against the CONTRACTOR at any time without any condition precedent. 12.7 MEDIATION PROCEDURES 12.7.1 In the event that claims, disputes and other matters in question between the OWNER and the CONTRACTOR are to be subjected to mediation, the mediation shall, unless the parties mutually agree otherwise, be in accordance with Construction Industry Mediation Rules of the American Arbitration Association. The request may be made concurrently with the institution of legal or equitable proceedings, but in such event, mediation shall proceed in advance of legal or equitable proceedings,which shall be stayed pending mediation for a period of 60 days from the date of filing, unless stayed for a longer period by agreement of the parties or court order. 12.7.2 The parties shall share the mediator's fee and any filing fees equally. The mediation shall be held in the place where the Project is located, unless another location is mutually agreed upon. Agreements reached in mediation shall be enforceable as settlement agreements in an court having jurisdiction 9 Y 91 thereof. ARTICLE 13 MISCELLANEOUS PROVISIONS 13.1 If reasonable precautions will be inadequate to prevent foreseeable bodily injury or death to persons resultingfrom a material or substance including but not limited to asbestos or polychlorinated 9 P ty biphenyl(PCB),encountered on the Site by CONTRACTOR, CONTRACTOR shall, upon recognizing the condition, immediately stop work in the affected area and report the condition to OWNER in Mid-range,GC,Lump Sum,Contract,2-JAN-12 22 of 26 writing. When the material or substance has been rendered harmless,work in the affected area shall resume upon written agreement of OWNER and CONTRACTOR. The applicable time periods within the Construction Schedule shall be extended appropriately and the Contract Sum shall be increased in the amount of CONTRACTOR's reasonable additional costs of shutdown, delay and start-up, which adjustments shall be accomplished by Change Order. 13.2 CONTRACTOR shall only bring claims against OWNER and 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. 13.3 No act or failure to act to exercise the rights enjoyed by OWNER to demand the obligations owed to OWNER by CONTRACTOR shall constitute a waiver of any right enjoyed or obligation owed. 13.4 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. 13.5 Jurisdiction/Governing Law. 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 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. 13.6 CONTRACTOR agrees to abide by the requirements of the Fair Housing Amendments Act of 1988 and will not engage in any discriminatory practices, any discriminatory language or any act that may be deemed discriminatory by Fair Housing Law. 13.7 CONTRACTOR agrees to abide by the Department of Transportation ("DOT") regulations (Part 382 of Title 49 of the Code of Federal Regulations), if applicable. 13.8 CONTRACTOR hereby represents and warrants to OWNER that all services and Work performed, and all materials provided, by, through, or under supplier pursuant to or in connection with this Contract will be so performed or provided, and will be, in full compliance with(i)all federal, state, and local laws, rules, and regulations relating to the protection of the environment, pollution, and the generation, transportation, storage, and disposal of hazardous materials and substances, (ii) all federal, state, and local laws, rules, and regulations relating to the accessibility by and accommodation of handicapped persons, including,without limitation,the Americans With Disabilities Act, (iii) all federal, state, and local laws, rules, and regulations relating to discrimination of any type or manner, and (iv) all federal, state, and local laws, rules, and regulations relating to the protection of employee health&safety, including,without limitation,the Occupational Safety and Health Act(29 CFR). 13.9 Pressure Treated Lumber. In performing the Work of this Contract, CONTRACTOR shall not use, or bring on to the Site, any pressure-treated lumber, or similar building material that has been treated Mid-range,GC,Lump Sum,Contract,2-JAN-12 23 of 26 with toxic or hazardous substances, without first obtaining the prior written approval of OWNER. CONTRACTOR shall immediately notify and bring to the attention of OWNER those portions of the Contract Documents that require the use of, or reference, pressure-treated lumber, including, but not limited to,the Specifications and Drawings. 13.10 In the event any provision of this Contract is held to be invalid and unenforceable, the remaining provisions shall remain valid and binding upon the parties. 13.11 Notice required under this Contract shall be in writing and sent by personal delivery, commercial overnight courier(e.g., Federal Express), certified mail postage prepaid return receipt requested, or e-mail (except that e-mail shall not be an acceptable or valid form of notice hereunder in those instances or circumstances involving a material right or obligation under the Contract, including an event of default, termination, suspension, any claims or disputes) to the parties and the addresses set forth below: i) If to OWNER, to the individual who signed this Contract on behalf of OWNER c/o AIMCO 4582 South Ulster Street Parkway, Suite 1100, Denver, Colorado 80237, with copies to: (a) OWNER's Representative at the address set forth in Paragraph 5.6 above; (b) Lisa Cohn, Esq., General Counsel, c/o AIMCO 4582 South Ulster Street Parkway, Suite 1100 Denver,D e e Colorado 80237 (e- mail: 0237 (e-mail: lisa.cohn aimco.com); and c Ken Diamond, Esq., Senior Counsel c/o AIMCO 4 582 South Ulster Street Parkway, Suite 1100, Denver,Colorado 80237(e-mail: ken.diamond aimco.com). ii) If to CONTRACTOR,COR,to CONTRACTOR's Representative at CONTRACTOR's address as set forth herein. iii) Notices shall be deemed to have been effectively given: (a) on the date of actual receipt by the party to whom the notice was addressed if by personal service, (b)the first (1st) business day after delivery by overnight, (c)the first(1st) business day after delivery by e-mail or (d) on the third (3rd) business day after mailing. 13.12 OWNER and CONTRACTOR each represent that they are sophisticated businesses, that this Contract has been entered into with full knowledge and acceptance of each parties rights and obligations hereunder, and that each party had the opportunity to participate in the drafting of this Contract. Therefore, in the event of any ambiguity in the language contained in this Contract, neither OWNER nor CONTRACTOR shall raise, by way of defense or otherwise, any rule of contract construction which seeks to construe any term or provision of this Contract against the drafter. 13.13 This Contract shall be binding upon the parties and their respective successors, assigns and personal representatives. CONTRACTOR shall not assign or transfer this Contract or any part hereof without OWNER's prior written consent. Such consent shall not be unreasonably withheld. Nothing in this Contract shall limit OWNER's right to freely assign or delegate any rights or obligations under this Contract to any corporation, partnership or other legal entity or individual. 13.14 CONTRACTOR is prohibited from providing gifts or other things of value worth more than $25 to OWNER or OWNER's employees, agents or contractors. CONTRACTOR's violation of this prohibition shall constitute grounds for immediate termination of this Contract pursuant to the default provisions of this Contract. 13.15 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. In the event that CONTRACTOR disputes any audit conducted by OWNER,then the matter shall be submitted to arbitration before a nationally recognized certified independent public accounting firm (the"CPA")in Denver, Colorado,that has not been affiliated with or done work for CONTRACTOR or OWNER or their respective affiliates for the preceding two years. If the parties are unable to agree on an accounting firm, then the American Arbitration Association located in Denver, Colorado shall select the same. The results of such CPA shall be final, binding among the parties and enforceable in any court of competent jurisdiction. Mid-range,GC,Lump Sum,Contract,2-JAN-12 24 of 26 13.16 No provision of this Contract shall be deemed to have been waived, except if such waiver is contained in a written instrument executed by the party against whom such waiver is to be enforced. No waiver by a party of any term or condition of this Contract shall constitute a waiver by such party of any prior, concurrent or subsequent breach or default of the same or any other term or condition of this Contract. 13.17 CONTRACTOR waives and releases all claims for or right to any consequential, incidental, exemplary, punitive or special damages. CONTRACTOR's subcontracts shall contain identical waivers and releases by the Subcontractors in favor of CONTRACTOR and OWNER. 13.18 The provisions of this Contract, which by their reasonable terms are intended to survive termination of this Contract,shall survive termination. 13.19 CONTRACTOR shall not cause, or permit to be caused by CONTRACTOR or any of its employees, agents or contractors, any Hazardous Materials (as defined below) to be transported to, or dumped, spilled, released, stored, or deposited on, over or beneath any property owned by OWNER. "Hazardous Materials" means substances, materials or waste the generation, handling, storage, treatment or disposal of which is regulated by any local or state government authority or laws, as a "hazardous waste,""hazardous material,"or"hazardous substance,"and including, without limitation, those designated as a"hazardous substance"under Section 311 or listed pursuant to Section 307 of the Clean Water Act (33 U.S.C. Secs. 1321, 1317), defined as a "hazardous waste" under Section 1004 of the Resource Conservation and Recovery Act (42 U.S.C. Sec. 6903), or defined as a "hazardous substance" under Section 101 of the Comprehensive Environmental Response, Compensation, and Liability Act (42 U.S.C. Sec. 9601), and, including, without limitation, petroleum products and byproducts, PCBs and asbestos. 13.20 This Contract may be executed in several counterparts, and each counterpart shall constitute one Contract binding on all parties hereto, notwithstanding that all of the parties are not signatory to an original or same counterpart. This Contract may be executed by facsimile signature. 13.21 The section headings herein are inserted only for convenience and reference and shall in no way define, limit,or prescribe the scope or intent of any provisions of this Contract. 13.22 When the context in which words are used herein indicates that such is the intent, words in the singular number shall include the plural and vice versa. All pronouns and any variations thereof shall be deemed to refer to all genders. 13.23 Each person executing this Contract represents and warrants that it is duly authorized to execute this Contract by the party on whose behalf it is so executing. 13.24 As used in this section, the defined term "OWNER" shall expressly include OWNER and all of its affiliates and subsidiaries. CONTRACTOR acknowledges that, in performing the work hereunder, CONTRACTOR may learn, acquire, gather or develop secret and confidential information and data concerning OWNER or the tenants of OWNER, business, plans, programs, employees and operations of, or belonging to OWNER, and/or other companies with whom OWNER has a business relationship, and additional information and data will be made available to CONTRACTOR or be developed or acquired by CONTRACTOR as a result of the services to OWNER under this Contract. In this regard, CONTRACTOR acknowledges that OWNER is in the business of owning, operating, managing, selling or acquiring properties and that information and data related thereto is protected hereby. CONTRACTOR represents and warrants that it shall treat all such information and data as OWNER's confidential property and not divulge it to others at any time nor use it for any purpose, except on behalf of OWNER, without the prior written consent of OWNER. This obligation to keep such information and data confidential shall continue beyond and after the termination of this Contract. At the completion or termination of this Contract or at any time OWNER so requests, CONTRACTOR shall deliver to OWNER all notes, memoranda, records, drawings, drafts or other documents(including without limitation,all copies and reproductions thereof)and other information or material resulting from or in connection with the work that are confidential in nature and cannot be Mid-range,GC,Lump Sum,Contract,2-JAN-12 25 of 26 obtained in the public domain or by an onsite visit to the property which may come into CONTRACTOR's possession or custody. CONTRACTOR shall include a similar provision in any contract with a Subcontractor hereby. 13.25 Although CONTRACTOR and its contractors, subcontractors, consultants and vendors may employ ,relatives of employees of the OWNER, its affiliates, parent and subsidiary entities, including, without limitation,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 (the"AIMCO Employees"), CONTRACTOR shall immediately so inform OWNER of such employment as soon as known, or discovered. OWNER reserves the right to require that CONTRACTOR and/or its contractors, subcontractors, consultants, and any vendors modify work assignments of the AIMCO Employee's relative where a conflict of interest, of the appearance thereof, is deemed by OWNER to exist. CONTRACTOR shall include this provision in its subcontract and material supply agreements. 13.26 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 contra ry, such authorized representative(s) and/or its affiliates shall not incur any liability, or other obligation, under this Contract to CONTRACTOR,for any reason, including, but not limited to, for any payments that may be due CONTRACTOR hereunder,nor shall any payment made by an authorized representative(s)create,or be construed to create,a contract between the CONTRACTOR and such authorized representative(s). 13.27 CONTRACTOR shall not publicize, publish or otherwise use the name of OWNER,AIMCO or any of their affiliates in any advertising, customer list or similar document, or otherwise disclose the contractual relationship with OWNER,AIMCO, or their affiliates, without the prior written approval of AIMCO,which may be given or withheld in AIMCO's sole discretion. This Contract entered into as of the day and year first written above. OWNER:AIMCO NORTH ANDOVER, L.L.C. CONTRACTOR: L V M J Corporation By: ORGAN,TONY, solely as authorized representative for OWNER %E,('U /MaAw" Authorized Signature: Authorized Signature: 'V�I ,cno. Print Name. Tony Organ Print Name: Vinnie Mawn Vice President of President Print Title: Construction Services Print Title: Mid-range,GC,Lump Sum,Contract,2-JAN-12 26 of 26 EXHIBIT"A" SCOPE OF WORK For Contract: 15646-420571 -CP-00004 CONTRACTOR shall perform the following Work in strict accordance with the terms of the Contract: 1.0 WORK SYNOPSIS Foundation Waterproofing and Drainage Buildings 23,24,26 and 49 2.0 SCOPE OF WORK Construction Requirements: The work of the CONTRACTOR and their employees shall be performed in a good and workmanlike manner. Workmanlike quality is defined as workmanship that meets or betters those criteria indicated in applicable building codes, using materials and installation methods identified in the construction plans and this Scope of Work. Code Requirements: All jobs shall conform to those standards stipulated in the building code, health code, mechanical code, plumbing code, and electrical code applicable in the local jurisdiction.All construction on the OWNER'S properties shall meet or exceed NAHB Performance and Building Standards. CONTRACTOR is responsible for acquiring any and all neededermits/cert�cates for the work and an associated costs. p Y Safety: CONTRACTOR agrees to comply with OSHA and/or any other governmental agency's safety rules and regulations. Should any citations,fines,and/or penalties,etc., be incurred by the OWNER due to the negligence of the CONTRACTOR, the CONTRACTOR agrees to indemnifythe OWNER for an and all penalties, fines etc. Y p � , incurred. CONTRACTOR shallerform the following strict p g Work ins t ct accordance with the terms of the Contract: Location: Royal Crest Estates(North Andover), North Andover, MA. Buildings 23,24,26,and 49 Turnkey Job: The CONTRACTOR will furnish all equipment, supervision, material and labor necessary to deliver a finished project/product which completes the scope of work and successfully addresses the projects intentions. Intent: Protect the foundation walls of the structures on site to alleviate water infiltration concerns and improve and promote drainage of site run-off and ground water away from foundations via below grade drain piping and return the site to conditions that meet or exceed the Owners quality standards and maintain or increase building curb appeal. Scone of Work: Adhere to specifications,details,and drawings provided by Civil Engineer,including by not limited to the following scope: 1. Obtain and pay for all necessary Permits and approvals from Local Jurisdiction Having Authority. 2. Perform all associated drainagetfoundation waterproofing system improvements per engineering drawings/specifications. 3. Excavate around specified buildings in order to expose below grade foundations and footings as necessary to facilitate drainage and waterproofing work. General Construction Contract Exhibits A,B,C,D and E,2-JAN-12 1 of 9 4. Disposal of any and all unsuitable fill from site. 5. Implement storm water prevention measures per engineer specifications and EPA/Conservation requirements. 6. Repair existing building foundations(ie.cracks,pits,form tie removal,and chips)as specified. 7. Application of new foundation waterproofing system, including but not limited to membrane,cant strips, joint patching,protective drainage mat,termination strips and pins, and sealants. 8. Install new foundation,curtain, and downspout leader drainage piping per engineering drawings/specifications. Downspout leader pipe shall be capped at grade, not tied to gutter system. 9. Install necessary drainage cleanouts and catch basins/drainage structures as required. 10. Tie new building drainage systems into site drainage systems per the specifications. 11. Provide site documentation as required by engineer and Owner. Including, but not limited to digital photographs,work logs,as-built conditions etc. 9 12. Installation of new clean backfill as necessary. 13. Removal and replacement/replanting of existing shrubbery within excavation area per landscaping plan (approx. 18-22 plantings per building). 14. Installation of new landscaping stone per landscaping plan,approximately 3-6 inches thick(to match existing landscape stone in size and color). 15. Repair any and all damage to surrounding landscape area, including any and all necessary fine grading, loam,top soil,seeding,etc and landscape watering and fertilizing during first three week following repairs. (including repairing any building or property damage due to work performed) 16. Removal and replacement of existing concrete walkways, stairs,and stair foundations as necessary to facilitate the installation of the new waterproofing/drainage systems. 17. Video scope existing drain lines as required and noted by engineer to ensure their suitability for use in the designed system. Lines that are display conditions that will immediately negatively affect the intent of this project must be brought to the attention of the OWNER and Engineer upon discovery. Video to be provided to Engineer and Owner. 18. Verify that all new systems adhere to engineers specifications and any variances are discussed prior to implementations. 19. Provide all necessary temporary barriers and signage. Contractor must ensure work areas prohibit access by non-essential parties,work areas remain safe for workers and passersby, and that buildings maintain all necessary emergency egress during construction and overnight with safe access. Two means of safe,slip resistant, and sound egress shall be provided at end of work day. 20. Provide temporary utilities(ie. Power)and facilities(ie. Portable restroom)as needed to complete the work, placed and located in agreement with Owner requirements is pre-determined locations. 21. Provide a written schedule for the project for review and approval by the Owners Rep prior to commencement of any work. 22. Provide MSDS documentation for all products to be used prior to commencement. 23. Provide a minimum 1 year workmanship warranty effective starting from the date of final acceptance by OWNER and all manufacturer warranties. 24. Compile and provide all original Manufacturer Warranties & Manuals into both a hard copy as well as a digital copy of an O&M Binder inclusive of all applicable productsisystems utilized during the project contained within this scope of work. 25. Attend a mandatory pre-construction meeting on site with OWNER and site personnel prepared to discuss scheduling,staging,and other site specific requirements prior to commencing any work. 26. Attend weekly project meetings scheduled by the OWNER with all involved project stakeholders. 27. Adhere to Jackie's Law(trench permit)as required. General Construction Contract Exhibits A,B,C,D and E,2-JAN-12 2 of 9 28. Contractor must file NPDES construction general permit with town (Aimco, has already filed for themselves) and cover any and all associated fees 29. Landscape plantings will need to be 10gal or larger, mature and full growth (use typical landscape plan provided as a guideline). 30. Parge foundation area from 6"below grade up to brick sill 31. Contractors can wash and reuse lavender stone at their option, however you may need additional stone to achieve landscape pattern outlined 32. Replace walkway pads (approximately 2 panels) at base of stairs, as well as installing new foundation pad with footings at stair locations 33. Contractor shall fully document existing walkway cracks, and interior building conditions at subject buildings prior to commencing work(ie. Photographs presented prior to commencement of work). The Contractor shall request access with a minimum of 48 hours advanced notice and must provide resulting documentation to OWNER prior to commencement at the subject building. 34. Replace all existing stairs/bulkheads with pre-cast(new pre-cast stairs already on site should be moved and reinstalled after work completion 35. Remove and replace existing railings at stairs and walkways as needed. New custom railings shall match new style railings found at any of the following buildings (8, 10, 11, 20, 21, 22, 25,29, 31, 38, 48)and shall comply with building code/local code. 36. Adhere to specific construction requirements associated with town issued Order of Conditions. 37. Contact DIG-SAFE and any other third party locating services necessary to properly mark utilities on site in work area. [Caution: Private electrical,gas,cable,etc.lines may be in close proximity work areas] Inspection Reports: 1. The CONTRACTOR and the OWNER must walk the job together and complete the pre-work section of the inspection report(s)before work may begin.The pre-work section of the inspection report(s)must be signed-off by both parties. 2. The CONTRACTOR and the OWNER shall walk the job together and complete each section of the inspection report(s). 3. The CONTRACTOR and the OWNER must sign-off on all sections of the inspection report(s)attesting that the job is 100-percent complete and is correct per the job requirements found in this Scope of Work. The final section of the inspection report(s)must be completed and signed-off on by both parties. 4. The CONTRACTOR must correct any deficiency found during the inspections and the job must be 100- percent complete before payment will be made. Protect Requirements: 1. GENERAL PROVISIONS: a. Contractor will comply with requirements of local, state,federal laws,and regulations governing construction, permits,and industry standards including but not limited to the following: I. Uniform Building Codes, including any and all local requirements for permits and inspections ii. Health and safety regulations iii. Environmental protection regulations iv. Health Department regulations v. Fire Marshall requirements b. Contractor must submit Material Safety Data Sheets of all hazardous chemicals that they will be using,at or in possession of,while on the property before material delivery or work. c. All necessary precautions will be taken by contractor to protect property. d. Contractor shall not use on site trash receptacles for disposing of any materials and will be responsible for providing trash containers at the project site or hauling away their trash. e. Contractor is responsible to field verify all quantities,dimensions,and layouts. f. Contractor is responsible for temporary utilities,facilities,storage containers and signage as necessary unless otherwise specified. Some site utilities MAY be offered temporarily at the Owners discretion, but may be withdrawn by Owner with minimal advanced notice. General Construction Contract Exhibits A,B,C,D and E,2-JAN-12 3 of 9 g. Provide all materials,tools,equipment and labor, in appropriate quantities,to complete the required work in a workman-like manner to the best of industry standards and Owners standards,following all Manufactures required material installation specifications h. Additional work(if required due to unforeseen conditions)must be brought to the attention of Construction Services and be approved in writing prior to the commencement of additional work outside of this scope. i. Upon passing inspection by Owners Rep(Construction Services Rep),contractor may request payment for work completed by submitting an invoice accompanied by a waiver of lien identifying the same dollar amount as invoiced and indicating the percent of the contract amount that is due and payable. 2. SCHEDULE a. Contractor will coordinate in advance of work with the Community Manager the schedule of work so that residents may receive advance notice, move-ins/outs may be considered, vehicle parking adjustments may be made, etc. The Community Manager has the final decision in scheduling the work. b. Daily work may not commence prior to 8:00 a.m.nor go beyond 5:00 p.m without prior approval from an Owner authorized representative. c. Weekend and holiday work is not normally authorized d. Contractor also agrees to coordinate their schedule with other vendors and contractors on the property. e. All work must follow Contractor provided schedule,with daily updates through the site management team,with a minimum of 48 hours notice of any changes to schedule. 3. SECURITY TRAFFIC PARKED VEHICLES ETC.: a. Safety"tailgate"meetings will be held at the job site on a routine basis,to include reminders of the proper manner to safely work with ladders,electrical cords,etc. b. Notices to residents,other contractors and employees and sprinkledwater control, parked cars and traffic direction/control will be coordinated with the resident manager. c. Job site security and prevention of vandalism are among the included costs to this contract and are the responsibility of the contractor. d. Barrier lighted sawhorses, cones, and tape is to be provided by the contractor. The work areas must be barricaded taped and identified as work areas at all times. e. Contractor is acknowledges that the property is home to our many residents,that there are children about, and that they are all to be treated with safety in mind,care and courtesy. 4. PROTECTION AND CLEAN UP: a. Wherever work is being performed, all walks, steps, floors, surfaces and items shall be carefully protected from damage. All supplies, materials, containers and other items shall be orderly and carefully arranged and protected. b. All accidental spatter and spillage shall be cleaned immediately and the damaged surfaces restored. c. At the completion of the work for this contract, all materials, supplies, debris and rubbish shall be removed and the areas left in a clean,orderly and acceptable condition. d. Contractor to ensure work areas are to be broom swept at the end of each work day. e. Contractor to provide trash containers to be used during the work of this project or haul debris away at the end of each workday. Contractor is not to use property dumpsters for any material related to the work being done. 5. WORKMANSHIP a. The contractor shall be responsible for the protection of all surfaces and objects including the exterior of buildings and grounds as well as adjacent property. b. The contractor shall insure that all materials are applied/replaced with proper compliance with the manufacturer's directions and published specifications. c. All work shall be done under favorable weather conditions and/or under conditions best suited for production of acceptable work. d. Workmanship on this project shall be of the best quality and only skilled mechanics shall be utilized. All work shall be subject to the approval of owner and management entity. The contractor shall correct any work within 48 hours of being noted to do so by owner. e. Contractor is responsible to insure that sprinkler water or any other potentially damaging substance to unfinished work is controlled and/or eliminated to insure proper,quality results. f. All new materials must be installed securely, and show good appearance including, but not limited to being installed straight and true. II General Construction Contract Exhibits A,B,C,D and E,2-JAN-12 4 of 9 1 6. MISCELLANEOUS a. The work area must be swept clean and free of safety hazards at all times. b. All contractor employees must be dressed in proper attire, no shorts(i.e.shirts must be wom) c. No radios are permitted at the work site. d. An English speaking representative of the contractor, familiar with the scope of work, must be on the job site at all times. e. No smoking is permitted at the work site. f. No profanity is permitted at the work site. g. No alcohol is permitted at the work site. h. Hard hats are required at the work site. i. Orange vests are required at the work site. j. Steel toe shoes are required at the work site. k. Contractor certifies that the total cost agreed to including all labor, materials, taxes, insurance, supervision,inspections, permits,etc., as may be necessary to complete the tasks agreed to in this contract. I. Contractor certifies that all applicable labor and material lien releases will be delivered along with the final invoice.All lien waivers must be notarized. 7. TYPICAL WARRANTIES: (Unless otherwise indicated) a. Labor: One Year b. Material: One Year c. Workmanship: Indefinite General Construction Contract Exhibits A,B,C,D and E,2-JAN-12 5 of 9 i 5�s !g I Hit MUM t - - s u Aga ' , l�K, c73 SITE � SITE PLAN ��A°g""" CORNERSTONE M1E:Jum 1;301] m Foundation Drainage Iand Co msi tantss,Inc. BLDG 23-ROYAL CREST ESTATES F gra' °1YiP�-" ,a,N 50 Roye1 C-t Dr. m onn uc y L N.0Md—' r,MA winArewsr.reAatw5 1( ISO 7YP/CAL PoPE CROSSINGi. r.raaam. areiu.veR __ ..axnm "n"°� S� II �sra► g gz tle.ms.x u..wae w. ©�_+. .n rmmimen araa.sewe �g O� eaa .mc vrwm.owcaoaa+�T...wv x�m _ �§ FWNp4TIOR WATERPROOFlN65V3IEM ��®PoIDIOOmM WEER • �Q�pQF �yy �qgi WUImOTpN REPAIR.QL10t6 UP T01/B' 9" V L a i# R p1TFALL AT BUla MPS®M..rte..e.rt•..m PoUNMT ONARORO UTFY MO]NNEC WS tiw A➢AVG wn..m.i4w•wb �me..uewrsrt.esrrousx+xme. FoumAT—Po"-WAC —TO tIP' mvcwmomeraa �h' e �N oweweews..mwRmn vbr.esr i'�usm.m ��- � .u.mwe Z-N`b�� R. d ��~ rmrre ..eu[eLarM12aaMo[aWl W _ OOM119+OUT WtrtIECRORSPNOORIJN IFACHtB @� d� , w.x....wletxnxem Fa��1 86T� �G 8tl!'awp roeamrvuxr�o.uuwm H�¢C WAI®1MV8AlFS LL 0 m YWTFRTIORT MANMOtE NIlSi:fIOR MANHOLEBOOf CQiNECfION.OBb bUNO.:]8113M �i18 Sleet Np:343 QMip w 9� REFERENCES — CONSTRUCTION SEQUENCE (!€ -.�,...._ .......o.�.+__. ..". �� ..m.......r..n+..—,—......�..—.. "� mac. a..��,..r°�w....r�o'..:.v.urn..-n....s ...—.�...w..���.....—.....�m..e ® .... .... .....e..—......—s...—.�. i ..wwm..uc�.m..amz o....e.m...vee...m ..,,.�.....,....-.mm .-.w. we..e.—,.. .......�...n.�n.w..�...........—�,..�. -...r....,.— ...r.....�m.®-... . f GENERAL NOTES FOUNDATION WATERPROOFING SYSTEM -E� .—.r.-.d..-bAa� ......a o.a.....e....:m.n--....r.._w.�.m...c.w m......-....+®.m....�.......... � b...�.�.o.�tl..—.®�.^ ..n....,.............e�r......—.,....�ae� �¢ �,wm.....,...r.....w~..,.o.�..-.....w... �.®......,.m..w..e., — �.�._+..o��..r+.�—...,...— ...�...,.......r�r,��wr..r,.��r.... 7.a`r� t __ ..�ma®.....r..,.—.'m-,...,mow. ...,..�..—. M. •E ..a.....�...�......e...r.�...,.� ......®®...®�..—..ems .,,.....d..d+,r.—,�....».. ' 6 �L CONSTRUCTION NOTES^~� �-�•�—� •—M�/�• -'^-^�•TM m�- R 9285 1 V. o � d Hill ��. , a-$ $ rn ; iliiie rag a IRmill F� e.1,o OO S(p i a _ -�- "`N ., 2 SITE PLAN arw e:naso»a to 8 Foundation Drainage o+lE_Jum'l m,a CORNERSTONE BLDG 2a-ROYAL CREST ESTATES Pnynetlror' ' LS CA NS�YIt81�IL4 i a~ti, W ati 50 Royal Cm tDd- 5o rmvd rng oew. u t North AMowr.MA icmi aawe.AW otea5 ... ." a TYP/CA( PIPE CROSS/NC LLL aammwaurmuea ,ro,,o.cac ....�..m'sa�.oc e...,•....m.br� �d���. ><�..�.. _ .,m.s .e� IDs «. �W�€ yet fQlNpOTIONVGTERPR00FING 6YSTEM+ � (mazy]p iy c � ��,�..��� wuN�orann�aa.auaswro L,e �,� a1 »oR urnv«wceo«.aaaea. .�.m +��E Ali ' 6ut®aaweavEearorP.JEa "'f���71J �9 sotoionatcwtet `� CL= i e.,u.�...0 rouNo�TroNnNDaaffsrsLEU O]NNE(.TION6 n wuNwTroNaEPaa-rnaxsire�ro La• S � � AT euaue+c OMAU=ATM .mre jL u Y u OONTISPd1TCdN[CfpNS aN OAAiN IFa0HE5 + r.tw.a :J1 .rss iwuti � tllgrc� b2a®INYflLLES LL MATWT-T�COtNE — JOE Na:Nasal "INLEBOOTCONNECTM-wn snarl Nu:Iala DE:ftils SGVE:Nol b SCab RJMnO N0. I� REFERENCES _ CONSTRUCTION SEQUENCE afl� ENCES.w�`�w..u.,r°.m sw.+mw..d. a....o.. .,....,«,n..a.....�...a>............_,. _. .�..._.e..._.... w`. �� ..�«.®..w+mr.._.�••...�.. Y lid. x.n.ar..uc�rewe.xm�m+ua.-e..w.wi...cnm ..ar.....e.._.-�.�..,...e... ®.awe..,.aa. .a�..�..m .��...«ay..�.�...�... .aa.......r .««asm........«......_..e.« 3 GENERAL NOTES FOUNDATION WATERPROOFING SYSTEM .«»�,�......._..«... ..•a..._.,.,,_«...«... a._a�� ^^'._._...... �`� as g CONSTRUCTION NOTES� r.m...•'mc«.. E IL LL ., .ram. _...........,..,.,..o....«.a. .<.r.......r....,.r. .,��,.a,...«.�®,.....— �a ��� ., ..�.�. w..__...m. ._.....o.,.n,,,....a. �.®._ ,._. .aM..m, a O D—V Na 8266 I I ,a �gGg9 g9glgeg - Si '' vn3 �,. �g i�8a si ,cit a 47 sg �W �a a �gd0 vo •`/q�51 , I$it 1 / y r :1, SITE PLANA, CORNERSTONE — ^• "•"•; m� Foundatlon Drain a w�.'�,e t''3°" a8 MLand Constiltants,Inc. V uNy BLDG 26-ROYALCRE ST ESTATES NL �IACA IbRIrMWer.LLG c .50 Roy81 Crnt Oriw spl�ypeq prn. North Andover,IM wrn�mwer,Ms oteas i ,c �f 6 e.xw. j tm.�sew.. tea. em+ TYP/CiJL PIPE CROSS/NC tees.. xetoiama[ iw,m scut g rubw�x w�ana� Wpa --+_- .�mxan �nrcna..e.aeemt. z"`tee ' 0.LN61TION WATHBROOFlNGSYSIEM acmnarmftvco `/ pia � rox�..urwno.axoma marrww � � �OGj �d �®�����1 xwus - ff�Ls V�� •F. aWDlOOtlaT COkA ryCry Q� rl� e 1+j FOUN�ATIONRBAIR-QZW(SIPTO tAY �� � �j ���� �,o„ re..p„�..xx^e {.-�`\ptsz��\,""'"n�bwsnxa► r¢rmnrxonsax[+� a.ne'axuaa• � � nea•i¢wrwx¢ PWNDOTKKiANDR00FSYSfEM NNNECftOt6 r~ 3 w�rruxwtxnnewgeenwrew TBUM1DNGOUTFal LOCATION e•M•••••••«•�•r• PoUlA1TION aEvaa-maaat.arow 1. 4— a.. ...�. �p®m Z w o .L a��o o �r OWMSPg1TWMgCIgNSANp6tAIN lEM6i5 �M �•rrrx x ��p SLT� �n aro.o,. ».xm.lwmxpeo —yg �°,: sra®NAY6NEs � u.a�.miut..mdn. gL p WATHtIKKI MAMgIE QOIa&CNON MaNNOIEBCOI CONNECfgN-DBa2 JOENo.:2011.]M ' Sed Np:]d3 SCALE:Ndb3ale 267 REFERENCES CONSTRUCTION SEQUENCE GENERAL NOTES FOUNDATION WATERPROOFING SYSTEM CONSTRUCTION NOTES z 0 U. Bed Nn'3d3 M7 A a '9 CJA' x \ � tl �\ 1 F +;o OB®� lP911 ; : fA SITE PLAN as�`"" wre. u,mu CORAIBRSI'ObIB r? i=oundatlonDrainage land Cot�spilnts,InC. r " PI BLDO 49-ROYAL CREST ESTATES N Y 50 Royel Creat DO. aiNco tbm A—, LC 50 RWtl C.etl pM NOfth A.I.— A rcrmanewer,Naanw i l� r fill 7YPlCAL P/PE CROSSING M r U( S 010XE w.a °a..rm.: FOUND-ONANDROOFSYSI oo.SS.TIOt13 a •nrmarm � cnw.s.a. � E w.....a.re4.bN>w AT&IILOP1G OUTFALL I T- 5,31 - 5 N �jj FWNOATION WATERPROOFlNG SYSTEM '. �I F~. �� wa IRS, v S wuNoeraN REOAne-caAocSUF To va 6 �i f� wmn.r.r NA TMWTMANHOIEOOAPff M uni.a.arum FON TMAIR-ORAgMIVTO— r..r.rrr. MANlIOLE BOOT OONNF3.TpN-OB t®p° rsanm rr H Y m f - 1ay.e. O1N nt.,.n...r. z.m�s wear w to ' 1 O U OOANS TWMIECNONSMAORAINlEPD925 O� o� LL O SLT FB![E ea,.. BrANFDIWYBN6 m JOU Na:Att3H Details 827�z REFERENCESCONSTRUCTION SEQUENCE 1;5 FOUNDATION WATERPROOFING SYSTEM r. GENERAIN TES CONSTRUCTION NO:S adsHal wo, 0 M14. SWft:3d3 8212 o in ,M- Ln _ N NOTES U c rn STONE:Lavender stone will be placed around each building In a fel~ C 0.'r, scalloped pattern.Contractor to coordinate with AIMCO /�1 4-J ID ID representative to determine exact O ' A 00 w location of the edge of stone. r-<0 C c .. _ 41 X DOWNSPOUTS:All existing m downspouts shall NOT be _ connected to the underground -" . .:. :: : '�:. . - :;. "'� :`.:.."... ':: •r ":.• ". F�j V�.�1 t j a�E drainage system.Outlet ends of downspouts to be extended to \\\\� \\ \ O Car E lawn area. \ , U ^Co w 10 O'� \\� V 0 Cd (u v \ W VI O TYPICAL BUILDING \ a Z I, to \ All, d •` + Z 9 a °' JD :. :.: iWif `� :::: : : p� W .> C'S 0 Q N U) N @� m g ° LEGEND U > PLANT LIST ((� Arborvitae W-0°o OTY. PLANTING SIZEMINIMIIM icorAMONNAME BOTANICAL NAME IIS Rhodendron g o O Q N 4 10 GeU2438' Endless Summer Hydmngea Nydrergea ma=phyaa 8~ 1J,+,iO — 4 10 Gell4-5'hL Mission ArbwAn Thula �•} A2alea ■ Z O N S 10 Gel. Arab Rhodendron hybr. 'aF�F C� S 10Ge1118-24' Rhododendron RhododerMrm J Z 2 Endless Summer Hydrangea v g Massgichuktts Department of Environmental Protection Provided by MassDEP: Mos.-.DFP rile#:242-1599 cityrrovoi:NoRTH ANDOVER Massachusetts-Wetlands Protection Act M. d. 13 1,§40 Bureau of Resource Protection�Wetlwds WIPA Porm 5-Order of Conditions eDEP Transaction#:577854 A. Gener9l InformAtiolft Conservation Commission NORM ANDOVER I'ssuanwa. r,, 00C b.r Amended OOC 3.Applicant Details a.First Name DAN b.Last Name MILINAZZO c.Organization AIMCO,NORT14 ANDOVER.LLC d.MailingAddress 50 ROYAL CREST DRIVE c.Cityfrown, NORTI-I ANDOVER f.State MA g.Zip Code 0,1945 4.Property Owner a.rjrstNamiDAN b.Last Name Mli,!NA7YO C.Organization AIMCO NORTH ANDOVER,LLC d.Mat ing 50 ROYAL CkE -DRIVE _-Address ST C.City/Town. NORTH ANDOVER E State: MA g.Zip Code 01845 5.Project Location Addiuse 50 ROYAL CREST DRIVE-BUILDING 123&26 b.6(�'Irdwn NORTH ANDOVER C.Zip Code 61843 d.-A-%ss rs Map/Plat#25 c.Parcel/Lot# 35.66 f.I-AAtude 42.671-43N g.Longitude 71.11795W 6.Property recorded at the Registry of Deed for:. iL Cow.ity 6.Cerfificsite C.0.0ok a.pw 140ATKERRN ESSEX 10934 41 I.Dates a.Date NOT Filed:6/71/2011 b.Date Public Hearing Closed: 7/10,12013 t.Date Of ksukh&: 7/12/2013 S.FinAl Approved Plans-and Other.Documents a.Mn Title: 6.Plat Prepared by:' C.Plan Signed/Stamped by: d.Re*iod Final Date- e.Scale: SITE PLAN FOUNDATION DRAINAGE BLDGS- coRNERSTOW 1-3&k RO"VAL LAND JOHN A.V1W9W§kI June Ii 201 I.=Ny CREST-PSTAItS(2 COWSOLTAWTS.INC. ft,A% 3 SHEETS EACH) Page I of 10 ELECTRONIC COPY T. Massachusetts Department of Environmental Protection Provided by Mvwql)�, - Bureau of Resource Protection-Wetlands MagsDEP File#-242-1590 cDEPTransaction#.-517854 tt City/Town-.NORTH ANDOVER WPA Form 5-Order of Conditions Massachusetts,Wetlandg Protection Act M.O.L.c. 13 1..440 13.rindin 95 I.Findings pursuant to the Massachusetts Wetlands Protection Act Fol-lowingthe review of di c the above-ref4renced Notice of Intent and based on the inf"ation provided in this application and presented at,the public hearine.this Commission finds-that the wtu in which work is proposW,is significant to the followingiz interests of the Wetlands Protection Act. Check all that Oply: a. r-,'Public Water Supply b. r- Land.Containing Shellfist-i c.17- Prevention o(Pollution d. P- Private Water Supply r- rishefies f 171 Protection dWildliki-lablu g. rv- Gmurid',Water Supply h. F Storm Damage Prevention i. F Flood Control 2,CorMission hereby finds the projecL as proposed:-is: Approved subjcci to: a.R-Tlx following conditions which=necessary in accordance with the,performance standardq set forth in the wetlands mgulations. This Commission orden that all work shall N performed in accordance with the,Notice of 1 hictit rderonced above,ilio following General Conditions.and any other special conditions attached to this Order,'fo the extent that the following conditions modify or differ from the plans:specifications.or other proposals submitted with the Notice:of IntefiL these conditions shall control. Denied because: b.I-The Oro po sod-work W not tic;cot,dition W to ditd the od trorm Aft-e standards t ct forth i n.ih e wet Ian d rtgu I a i i oil q.Th drefift. worl,,,on this project may not go forward ublc.0 Add until a new No-tift of Ifiltht is subihitted which provides measureswh-ich arL adequate to protect interests of I the Aetand 9 final Order 6fConditiorts is issued,A deseription of the perf6rifilficestaildairds which the proposed work cannot meet is Attached to this Order. c.r to inforniation submi(ted by the applicant K not sufficierit to describe the site.the work or the effect of tho work on the interests identified iii the WetlarWrotectio'n Act"flidrefore.work on this prcject may not,go forward urftm4s and until a rcv!�. Nbticc,of I nidni is�subou tted which providds kltTiddrt information and includes.01 wkures which am adequate. to pedtixt the intertAs of the Act'.And'i,tinal otdLTofc(itidittoh,;i,.,ti. 6d.Adescription of the specifk information Which it ladling And Why it is necessary is attached to this Order at per 310 CMR W.05(6)-(c). Buffer Zone Irnpacts:Shorte.4t&tarictbawcen limit of prt�16(1 disturbance and the Weiland rcsou 3.P- rcc 74 'IfeAspecifidd in 3 IOCMR 10.02(l)(a), A;I ihdk r--Ltlr kfaiffct Resodret AM ftfi0siCW.(#a AppruvalsOhlly)-" Pro0wed' Perit- ifted Proposed Permitted Resource,Afea Alteration Alteration Replicetrient Replacement 4. ff aahk a.linear feet b.lana a r-feet c.linear feet d.lih&&feet 5.r Fiofd&ikz Vegetated Wetland. squat ol feet ti:square feel C.S41fax 11-:dt il,-,;qJAry fLti 6. r Land under WitdliWidg ind'WAterwAy§ s4U=-f&.4 b.square f6etc.square feet d.square fee Page 2 of 10*ELPECTRONIC COPY Massachusetts Department of Environmental.Protection Provided by MassDEP: Bureau of Resource Protection-Wetlands MAssDEP File#142-1599 WPA Form 5-Order of Conditions cDEP Transaction#:57785.4 Massachusttts Wetlands:Protection Act M.G.L.o. 131,§40 C ity[rownNORTH ANDOVER e.cly dFecig7ed f.c/y dredged 7, l3ordc-sing:Land Subjcct to Flooding a.square fest b.Square rect C.square feet d.square feet Cubic Feet Flood Storage c.cubic feet r.cubic W g.cubic fwt h.euMe &F Isolaled Land Subject to Flooding a.squareFeetb.square feet C ukic Feet Flood Storage c cubic f6d d.cubicket e.cubic rW f cubic red 9.1-Rfvcrfront Mw a,total 4q,ti, f b.total sq. t Sy 11within IM A t, c square feet d.square fed c,square feet, r.square Leet P square sect h.square fixt i.square Cot j.ulnare reel Coastal.kesdurce Arts WIPSCU: kes6d—rce Area Proposed Pef—mitted Proposdd Permitted A6mtion Alteration Replacement 16'"f—Designated Fort Armes fridicate size wxW Land Under the Odrdn,below 1'1.1 Lafid Under the Ocean 5:Zqw-,-,F�C_FtNet b,Nuare feet c.cly dredged d.cly dredged II r gamerSeacheg Indicaic sbw under Coastal Beaches andior Coastal Dunes below 13.r-Coastal Beaches i,square feet- b.squarc feet c.cly no-unshmiff d.cly nourishment 14e r-Coastal burids 9.square Qet b.square feet c.cly hourishm-eni I cly mffiAffient. 15.r coiastai Banks a.ting fed b.lind-Ar tett 16.r Rocky'Intertidal Shores a.square W b.squ&e&et 11.ffMt Marshds fczu K 44irwFaml C-.qu"Ife W, d.+q uw tc ct 1 Land Under Salt Pon& t.cly diddged d.ey d*edged Page 3 of 10*El,E&RON IC COPY Massachusetts Department of Environmental Protection provided by MassD>P: Bureau of Resource Protection-Wetlands Mass0l)x File#:242-1399 WPA Form 5-Order of Conditions cl)FP rmsaction#:577854 4i Masaachusetts Wetlands Prtstection Act M.G.L.c. 131.PO City/I owra:Nf?Rni ANDOVER 11,9:.r land Cantainingshellfsh a.square feet b.selow Fact c.square feci d.quare feel. Indicate sizt`undt r Coastal!gan[cs.-inlwW Bank.Land Under the 20.f Fish loins, Ocean,.and/or inland Land Under Waterbod'res and Waterways. above c sly dredged d.c/y dredged I I-r Land Subject to Coastal Storni Flowage a square feet b sgpc feet 22: r Restoration/Enhancement(l of Approvafs Only) Iftfie project i$for the purpose of restoriirg or enhancing a wetland re.-gource area in addition to the. footage that has been 016rcd-in Section 85.c&d or 8.lix&d above,please entered the additional amount hm siluare feetof BVW b.Squares rc; t of Salt Marsh 21 r Streams Crossing(s). If the pfoiect involves Stream Crmsings;pleak enter the number of&,w Are:arn crossingstnumberof replacement sir ni crossings. a.numlier`o€new stream crossings b.nisi ldsa;rof repladerrrent stream cro-sings C, General Conditions Under Massachusetts Wetlands Protection Act The followingconditions a ft only appticatrk to Approved projects" I. Padre Woomply with all conditions stated herein.and with all reated aatutes and othe=r regulatory mtasur&shall he deemed cause to revoke or modify this Order. 2. The©rder-dot�not grant any property rights or any exclusive pr vile gc s,it does not authorize any injury to private property or invasion of privateright_; 3. This Order docs not reikve the �rntitt a or any`other person of the necessity of complying with all other applicable oderal. 1� .. pt' tY P y� state.or,local statutc§;ordinances.bylaws,or rcgtriatiorrs. 4. 'Mt work authorized hereunder shall be.conipf&J Warthin three yea'=s from-the date of this Order unlc�s either of tate following apply: a.ilie*ork i5 a 6Wntenan=dredging pr'ojcct as provided for in the Act;or ti the time Acer completion hall bCxn cxiended to a specified date more than three,years:but le,.,*than five years.from the date of issuance:Itthis Order is intended to be valid for more than tfift years.the extemion date and the special•circuinstances warranting the extended time period are set forth a�a special condition in this()rime, 5. This Order may be extended by i13C kAtiing authority for one or more periods of up to three years each upon application to the issuing authority at least'36 days prior to the expiration date of the Order. 6. if this Order constitutes an Amended Order of Cbriditions this Amended Orderof Conditions does not&-teed the issuance date of the original f=inal Order of Conditions 7. Any fill'wdd in conhection'with this project shall'be clean fill.Any bill shall contain no trash;refuse rubbish,or debt k including bat not lidilte6to kirnkTr,bri&,:xpiaster,wire,lath.Vii:card pipe::'ik§Sshi�:rvfrigcrators:rnt�Eor viii lam;i>r uric of any of fomgoirtg. S. Ibis Ordcr'is not final uniil afi adn5iniatrative appt al peKiods from dt+s()td(x have clap ANA or if such an appal 61.t>i%n tel eh: Page 4 of 10*ELECTRONIC COPY Massachusetts Department of Environmental Protection Provided by MassDEP.. Bureau of Resource Protection-Wetlands mas4A,-41 rile 0:242-1599 WPA Form 5-Order of Conditions CDEP'rr ction#:577854 A Massachusetts Wetlands Protection Act M.G.L.c. 131,§40 Cityfrown-NORIIANDOVER Until all proceed ino befbre the Department have been completed. 9. No Work shallbe undertaken,unti I the Order has become final and then has been recorded in the Rqa!s*of Deeds or the Land COtvt forthe distria in whieb the Md is l6cateA within the chain of title of the afficted property.in the case of recorded land, the Final Order shall also be noted in the Registry's Grantor Index urider the name of owner of the land upon which the proposed work-is to be done.In the case of the-registered land.the Final Order"I also be noted on the Land Court Certificate of Title of the owner ofthe land upon which the proposed work is done.The recording information shall be submitted to the ConservatiomCommission on the form at the end of this Order,which form must be stamped by this Ret stry of Deeds, prior to the commencement of work:. 10. A sign shall be displayed at the site not less then two square tee or more than three square feet in size bearing the words. Massachusetts Deparinfent of 6vironmentai Protection" for'Mass'D81)"I File NumN-,r 4`242-15W-� 11. Where the'Department of Ehvironniental Protection is requested to issue a Superseding Order.the Conservation Cor mLqion shall be a:.party to all agency proem 6Ps,and hearings � bu ore Mass DER 12. Upon completion of the work described herein,the applicant shall submit a Request for Certificate of Compliance(WPA Form 8A)to-the Conservation Comm iqsfort. 13. The work shall conform to the plan's and special conditions referenced in this order, 14. Any change to the plans identified in Condition#13 above shall require the applicant to inquire of the Conservation Commission in writing whether the change is significant enough to require;thitiling of a new Notice of Intent. 15. The Agent or members of the Conservation Commission and the Department of Environmental Protection shall have the right to enter and inspect the area subject.to this Order at reasonable h6urt to evaluate compliance with the conditions stated in this Order.-and may require the subwittal of any data deemed necessary by the Conservation Commission or Department for that evaluation. 16. This Orderof Conditions shall;apply to any succeitAor in interest or successor in control of the property sukiect to this Order and to any contractor or other person performing work conditioned by this Order. 17. Prior to the start of work.and ifou�project,involves work adjacent to a Bordering Vegetated Wetlandt1v boundary of the wetland,iti the vicinity C)P the proposed work area shall be marked by wooden slak-as or flagging.Once in place�the wetland boundary markers shal(be maintained until a Certificate of Compliance has been issued by the Cohsmali6n Com-mission. 18. All sedimentation barriers shall be maintained in good repair until all disturbed areas have been fully stabilized with vegetation of other means.At no time shall sediments lie deposited in a wetland or water body.During construction,the applicant or bis/her designee shalt inspect the c!fOqion controls on a daily basis and shall remove accumulated sediments as needed*'The applicant shall'immediately control any erosion problems that occur at-the site and shall also imthC-diately notifythe Conservation Coffirbis§iom which reserves the tight,uta require:additional efosion and/or damage pttWhtion controls it may deers necessary.barriers shall serve as 0fe 11wif df work,Unless another limit of Work line has been approved by this 0.td c NOTICE OF STORMWATER CONTROL AND MAINTENANCE REQtfIRgMpNpS 10. The work associated with.this 0rder(the"Project')roject')is(1) F is not(2)r Subject to the Magsachusetts Stotmwattr Standards. If the work is subject W)SJtormwater Standards,,then the project is subject to the following conditions, at All work,,including,§,(cr fireparation,land disturbance,construction and redeveldpMent shall be implemented in accordance with the construction period Vollutior prevention and erosion and sedimentation control plan and,if applicable,the StorrnW61er Pollution Prevention Plan required by the National PolluAgnt Discharge rlimination System Construction General Permit as required by Stanriwater Standard 8.Construction period erosion,sedimentation and pollution control measures and best management Practic-6s(BMPs)shall remain in place until the site is fully stahilizW. b) No stormwatdr runoff may be discharged to the post-construction stormwater AMM unless and until a Registered. Profi,--sional Eftirider provides a,Certification that:1 all construction period BMPs have been removed or will be removed by a,date certain specified in the;(c.Ail:rcation.For any construction period 13h-4ft intended to be converted to post congtructloh opeiration for st6ftwAter Atknuafidti,rectat_g'eandf6f treatment the conversion is allowed by the MAssDEP Stoftwater Page 5 of10*ELECTRONIC COPY Massachusetts Department of Environmental Protection Provided. by MassDF.P- Bureau of Resource Protection-Welland-, MassDEP File#:242-1599 T Transaction#:57'1$54 WPA Form 5-Order of Conditions c1)E frown.-NORTH ANDOVER Massachusetts Wetlafids Protection Act,M.G.L.c. 131,§40 l3andl5wk BMP specifications and that tive BMP has been property cleaned or prepared for post construction operalloit including rMoval ofall construction period sediment trapped in inlat and outlet control structures:ji..as-built&W cm;ftetiori BMP plans ate included..6gned and,stamped by a Regis"Profes-sional Engjjtex r oMifyike the site is fjljy-92hili"-�-N. any illicit'dfixfines to the Stormwater managotamentsystem.have been remova,as per the roqulrcmcnts of Sjormwatcr Standard 10-tvall post-congwxtion stormwater laMN are installed in accordance with&-plans(Ittluding all planting plans),approved by the isst117tg auft6ty.and have been inspected W ensure that they anti not damaged and that they are in proper working condition;v.any vegetation associated with post-construction BMP.is suitably 16 to withstand d s Ita t0t9b IshLd thstan erosion. c) The landowner is responsible for 13MP maintenance until the issuing auffiority is notified that anotliet 1%qy has legally assumed responsibility for BMP'ftinienanez.Prior to requesting a Ceftikatc of Compliance,Or Partial CJMirjdate Of Compliance,the M§90hslblc party(defined in Gehftl Condition 19(0)SW execuld and kibtnit to the issuing authority w Operation and Maintenance Cornpljance Statement CO&M Statement-)for theStofmwater 13MPs identifyiq the parry teVosibld for imolcmenting,the stormwatter AMP Ooenititiri and Maintenarz--Plan("O&M Plan")and certifying the rollowing:i.)dx%O&M PIM is complete and will be implemerif upon receipt of the terdricate ofCompliMee.and'ii.)&furuk,fasonsibld paftic.� shall be n6tifed in writingof their ongoing le I responsibility to operate andmatintain did stormWatertnanagement 13MI.I's and impkinent:the St6rmwater Pollution Prevetidrstj man. d) Post-coni ftetio-n-pollution prevention and source control sEtall be implemented in-accorddricc with the long-term pollution prevention plan section of the approved Stoftwatcr Report and if applicable.the Stormwater Pollution Prevention Plan iequirtd,by the National Pollutant Discharge Elimination System Multi-9cetcr Geriml permit. c) Unless.and until Mother party accepts responsibility.the landawn&4 or owner of airy drainage casement.assumes responsibility for maintaining each BMP.To overcome this presumption,the landowner of the property must submit to the issuing authority a legally binding agrecincht of record.acceptable to the issuing authority.evidencing that another entity has accepted responsibility for mairi(ainih9 the BMP.and that the propose d Ni pdngible party shall be Mated as a permiluW tor purposes of irripleftnting tfi(�-Nquiteftntsof Conditions IWO throifg11 I ft)With rci§Odcl to that AMP.Any failure U OIC- imp u 0e400S0d'rc9PotV-ih1e.p4eN to implement the rtA irements of Conditions 19(f)through 19(k)with t4sNai to that BMP shall f- be aLVi6jation oftheOrder of 6nditionS or CcKirt6AW df Compl iance.In tf id%case of Aormwaiixx A M!'q that wg scmh more thea one 16L the legally binding agreetheffl sfiaff'akVidentify the lots,that,*ill be sdvic6d,bY the stormwater 91VII35.A plan Mid eastnidifit,dd6d that grants the r---Tonqihle party We M, to Wdrm the requirW operation and maintenance must W submitted along with the legally binding aggoement. 'The responsible party shall operate and'maintainall stormwater 8MPs in accordance with the deign plans.the O&M Plan. afi6 the requirements of the Massachusclis Stormwatdr 1.landbo6k. P) The responsible party shall: I.Maintain an operation and maintdnanc6og forthe last-thft(3)consecutive calendaryears of inspections,repgir&� maintenance Andtor itplacerhefit-6f tfiestormwaidr Inalft'Ondrit SYS(6m or any part thftof,and disposal(k,dig �lthe 2.Male the rnlinti ranee log availa#ilc!o MassT?tP and the Coneie trop Commission("Cornmission")upon requests ad 3.Allbw inenl6ft and agents of itfie MAsjj)EP and ft tOnlihissioff W enter and inspect the site 10 evaluate and ensure that il*:rdsporisible party is in cdmpt-Wee with the rouirtments for each AMP established ill the O&M Plan approved by the issuing authority.: h! All sedimiff,(jr other contaminan(,.�ernoved from storthwater BMPs shall be disposed Of in accordance with all applicable fedenil,state.and total laws and regulations. 1 Illicit diseliarg,3s to the stormwAter management system as defined in 3 10(MR 10.04 We prohibited. j) The stonriwatermanagement system approved in the Order ortonditions"I not be changed without the prior written approval of the issuing authority-. k) Areas designated As 4uAlifying,perviot&am-as for the Oidpi5k of the Low impact Site besign Credit(di:d6firidd in the Ma 150 StofMwAtdr Hindb6ok.,Vokrnc.'3,C I haptdt 1.Low lmped Nvejopmcnt gitd bersi-dri Crredths)ishall not bi altered without tki prior Witten a0roviT cif the i.*suinig authdr-Ity. I) Access for inaintoaftcr.repair,ijn&6r-rcpJac&mcnt of RMOSAAll not KIWithfield.Any i`chetng tonsti-xictod ar6udd, Pa-t 6 of 10* EL( 8C'fRONW COPY Massachusetts-Department of Environmental Protection provided by Massa) P: Bureau of Resource e Protection-Wetlands. MwDEP File#:242-1599 WPA,Forin 5-Order of Conditions c DEP Transaction#:573$54 Massachusetts wetlands Protection Act M.G.L.c. 131 §'40 City/Town:NCR TH ANDOVER i slorinwater MPs shall include accm Ates and shall heat least cis inches above Made to allow far wildlife passags. Special Conditions: S.EE AT`fACI ID. Page 7 of 10*ELECTRONIC COPY Maggachusetts Department of Environmental Protet-tion Provided by Mwil)R-P: Bureau of Resource Protection-Wetlands MassDEP File#:242-1599 WPA Form 5-Order of Conditions eDE.P Transaction#:577854 MassachuSeus Wetlaftds Protection Act MAL.d. 13 1.§40, City/Town-.NORTH ANDOVER D. Findings Under Municipal Wetlands Bylaw or Ordinance 1, IS a intifficipair wetlands bylaw or ordinance applicable?F-- Yes r No, 2. the Conservation Commission her.eby(check one that jgglies), a. r- DENIES the proposed work which,cannot be tondition6d to niece the;gmubidsscat forth ioamutticipaloMinaitecotbylaw q=ificallY. L Municipal Ordirvanec,or Bylaw 2.Citation aefore.work on;this proje may not go fdrward uak%and until a revised Notice of intent'issubmittedwhich provides, measures-which are Adequate to mect these standards.and a Anal'Order or Conditions is,i.%u(A Which are necessary to comply with a municipal ordinance or bylaw:: b. APPAO'V8 p- S the proposed woek—subject to the following additional conditions. N(YffH ANDOVER 1.Municipal Ordinance or Bylaw W M- ANIDS PROTECTION ?Citation' CHAPTER 179 BYLAW the Commimion orders that all work-Aall be performed.in acct dance with the following conditions and with the Notice of hQfit refemheed above.To the extent that the following conditions modify or diffey from the plan.-F,WificAtions.or other propostis subrhitEod with the Notice of lifti.t.the conditions shall control. The special conditions relating W municipal ordinance or bylaw are as follows: SEE ATTACHED. -0 8 of 10 ]ELECTRONIC COPY Massachusetts Department of Environmentil Protect-ion Provided by MassDFP: Bureau o.f Resource Protection-Wetlands MWDEP File#:241m 1599 WPA Form 5:-Order of Conditions c0VP owIn-NORTH ANDOVEP,Transaction N.577854 Massachusetts Wetlands Protection Act M.G.L.e. 13 1,§40 City(I E. Signoures Tliii Order is i valid for three years kom the datar of isguarim unless,otherwise Vecirtetl pursuant 10'Gentral Condition#4.If this is:gn Amendod'Order of Conditions,the Aftictided I.Date of 0 ,in Order Order expires-on the same date as the original Order of Conditions. Pleasc indicatc-the number ofmcmixers who will sign this form.This Order must N silgried by 4-,rfi�orityof the Conservation Commission, timber of Signe 'rhe order must:be mailed by certified mail(return receipt requested)or hand delivered to the applicant.A copy also must be mailed or hand delivered at the same time to the appropriate Department of Environmental PmtWion Regional Office.if not filing electronically.and'the property owniz if different'kom applicant. Signatures- ............... r- by htfid,delivery on r-4Y certified mail,return receipt reqWstdd,on re DAW F, Appear: The-OPPAc-MG fh6owner,any person aggrieved 6y this Order.any owner of land abutting the land subject to this Order,or any ten rdsiAdfi(K-6f di6-(!iiy.or towhin which'such land is located.arc hereby notified of their right to request the appropriateMas,;DEP Regional'Offride to issue a SupdrsAAiln-g Order of Conditions Ile:requm must 156 made by certified mail or hand ddiWry r' to the; Department with the appropridic,filing i4c and COMPICIed Retlutsl-for Dtpartrfiefttat Action Fee Trmsinitial Fork as provided in 310 CMk 10.03(1)within ten bits,ind§s clays from the date of issuance of this Order..A copy of the n4- Uest ftil At the§arfie time K, sent by cdftitidd mail or handdr f6 the,Conservation Commission and to the applicak if heishe is notthe appellant. Any appelldft seeking to appeal Ric Depafte-nfs Superseding Order W6ociatedwithl this appeal will be requirdd to dem- Gh§fttc prior pardcioioiiin the review of this project.P viou 0articipalioll irr the permit proc&'Aing rficans the submb"o(written inforfriatioh to the Conservatid&Cominissidn prior to the ciose of thepublic hearing.rou6sting a Superseding Order,or providing written information to the Department prior to issuancc of a SupcKe&fig Order-. The request shall state Cl ly and concisely the objections to the Order which is being appealed and how the Order does not contribute to the protection ofthe interests identified in the Massachusew;WdIiAnd§Prdi&tion Act(M.G.L.c, 1314§4 40).and is iriconsistentVith the wetlands regulations(3 10 CMR 10.00).To the extent that the Or&x-is bated on a municipal ordinance or bylaw. and not dfithe M assathusetLo,Wet6ds Protection Mi dr regulations,the bdoakiinedt Nis no appellate jurisdiction. Page 0 of 10*ELtCT' PIONIC COPY Massachusetts Department of Environmentai Protection Provided by MassDEP: �N Bureau of Resource Protection-Wetlands MassDEP File 4:242=1599 Cityffown-,NORTH ANDOVER W MasiAdhusetts Wetlands Protection Act M-G-L C. 131,§40 - �action#:577854 PA Form 5-Order of Conditions cDEPTrans G. Recording.lat6rmition Tfi&IOrder-of Conditions must bt-recorded ion the'Registry of D I eods or the Land Court for the district in which the land is located. Within the chain of title of the affected pWony..in Ou-caw of recorded land.t&,!-Final Order shall also be noted in the Registry's Grantor Index under the name of the owner of land subject to the Orddr.in&case of registeitil land,this Order shall also be noted on the Land Court Certificate of Title of the owner of the land sub --the Order of Conditions:The recordirig.information on .ject to this page shall be submitted to the Conservation Commission listedbelow, NORTH ANDOVER Conservation Sion ion Ditact;on-66(iddline,have-stamped by the Registry of Deeds,and4imit to the Conservation Cor minion. ................—...... ............................1.:—.-1---,-11--...... ..................... To. NOPMI i ANDOVER Conservation Commission Plco,Lge twa advised that,the Order of Condition,,,lbf the Project at: 50,ROYAL CREST.bRIVE'--BUILDING 23&26 243-1599 Project Lodation MassDEP Me N1,umba Has been recorded at the R egigtry of Deeds or., cdwy Hook No III fo'r: Ptopetty Owner DAN MR.NAZZO and has been noted in the chain oftitle:bLuc aff&ted:pili Nft is Page Book in ae6ordance with the Order of Conditions issud ow if mcnt numb-.Ir iddrilifying this intim ion is: Instrument Number l ero iskred land,-the d6cumetit nurnber4dentiging this transaction is: Document Number Signature of Applicant Rft 4101.011) Page 10 of 14 9LECTRONIC COPY DEP FILE#242- 1599 Therefore, the North Andover Conservation Commission(hereafter the"NACC") hereby finds,that the following conditions are necessary,in accordance with the Performance Standards set forth in the State Regulations,the local ByLaw and Regulations,to protect those interests noted above. The NACC orders that all work shall be performed in accordance with said conditions and with the Notice of Intent referenced below. To the extent-that-tba-followdMsOWWgxis modify'or differ from the plans,specifications or other pro posals-submitted with the Notice of Intent,the conditions shall control. GEVER-ALICONDMONS 20. The proposed work includes: installation of foundation drainage with new connections to existing outlet structures for Buildings#2.3 and #26 in the 100-foot Buffer Zone to Bordering.Vegetated Wedand and Isolated Vegetated Wetland. Waterproofing and repairs will also be conducted on the, foundation. New precast concrete stairs will be installed. Roof drain conifteetions;will be installed and capped with no downspout connections allowed as part of this filing.New landscaping will also be installed. 21. The work shall conform to the following(except as noted in the remainder of this document where revisions may be required): Applicant/Prioperty Owner: Dan Milinazzo AIMC-0 North Andover, LLC_ 50 Royal Crest Drive North Andover, Massachusetts 01845 Notice of Intent filed by: Kenneth Lania Cornerstone Land Consultants, Inc. 1794 Bridge Street-Unit 17B Dracut, MA 0182 Dated:June 13,2013 Site Plans prepared by: Cornerstone Laird Consultants, Inc. Titled: Foundation Drainage Site Plan.Foundation Drainage� Bldg 23-Royal Crest Estates - Date:June 12,2013 Sheets 1=3 Stamped by:John A. Visniewski, P.E. Cornerstone Land Consultants,Inc. Titled:Foundation Drainage Site Plan Foundation Drainage Bldg 26- Royal Crest Estates Date:June 12, 2013 Sheets 1 -3 7-42-1599.50 Royal Crest Estates.Building 23&26 NACC 7/12/2013 D'Ei P"FILE 1*242-1599n Stamped by:John A. Visniewski, P.E. 92. The term"Applicant" as used in this Order of Conditions shall refer to the owner, any successor in interest or successor in control of the property referenced in the Notice of Intent,supporting documents and this Order of Conditions. The NACC shall be notified in writing within 30 days of all transfers of title of any portion of property that takes,placeprior to the issuance of a Certificate of Compliance. n.the conditions of this decision shall apply to,and be binding upon, the applicant, owner,its employees and all successors and assigns in interest or control. These obligations shall be expressed in covenants in all deeds to succeeding owners of portions of the property. 24. Failure to comply with all conditions-stated herein, and with all related statutes and other regulatory measures,shall be deemed cause to revoke or modify this Order. 25,This Order does not grant,any property rights or any exclusive privileges;it does not authorize any injury to private propert y or-invasion of property rights. However,the NACC,agent of the NACC or the Department of Environmental Protection(DEP) reserves the right to enter and inspect the property at all reasonable times until a Certificate of Compliance is 'issued, to evaluate compliance with this Order of Conditions, the Act(310CMR10F.00) the North Andover Wetland ByLaw and Regulations, and may require any informadon,measurements,photographs, observations,and/or materials,or may require the submittal of any data or information deemed necessary by the NACC for that evaluation. Further,work shall be halted on,the site if the NACC,agent or DEP determine-that any of the work is not in compliance with this Order of Conditions. Work shall not resume until the NACC is satisfied that the work will comply and has so notified the applicant in writing. 26,This Order does not relieve the permittee or any other person of the necessity of complying with all other applicable federal,state or local statutes,ordinances,by-laws or regulations. 27. The work authorized hereunder shall be completed within ffiree years from the date of this order. 28-This Order may be extendedt, by the issuing ng authority for or one but not more than two periods of up to one year each upon application to the issuing authority at least lhhU day�L30) priorto the- expiration: of the Order (Refer to Sectiort 8.3 of the North Andbv&Wdland Reguidtims). 29.The NACC reserves the right-to amend this Order of Coiiditiotis after a legally advertised public-hearing if plans or circumstances are chang(d or if new conditions or inforthation so warrant. 142-1509.50 Royal Crest Estates,guitding 23 8r 26- 2' NACC 7112/26131 01 M FILE#242— 1599 30.Where the Department,of Environmental Protection(DEP) is requested to make a determination:and to issue a Superseding Order, the Conservation Commission shall be a party to all agency proceedings and hearings before the Department. 31.This Order of Conditions is issued in addition to an OOC issued by the Town of North Andover under NACC #32 which received a Certificate of Compliance on March 14, 2012. Four additional Orders of Conditions have been issued under DEP File No. 242- 1550,242-1W and NACC#94 and 95. Work has been completed on these orders and several Certificates of Compliance have been requested and action is pending, 32. Any future project which proposes a wetland crossing in order to access certain P of the property will not be qualified as a limited project roadway under 310 CMR,1033(e). 3'3,The.following wetlandresource areas are affected by the proposed work: Buffer Zone to Bordering Vegetated Wetland(BVD and Isolated Vegetated Wetland (IVW). There resource areas are significant to the interests of the Act And Town ByLaw as noted,above and therein. The,applicant has not attempted to overcome the presumption of significance of these resource areas to the identified interests. 34. The NACC agrees with the applicants delineation of the wetland resource areas on the site as shown on the plans dated referenced herein; An Order of Resource Area Delineation(ORAD)has also been issued for this.site under DEP File#242-1567. 35. The NACC finds that the intensive use of the upland nd areas and buffer zone proposed on this site will cause further alteration of the wetland resource areas. In order to prevent any alteration of wetland resource areas a twenty five foot(25')No Disturbance Zone and a fifty foot(50'J,No-Construction .on shall be established from the edge of the adjacent wetland resource area except as shown as shown on the record plans referenced herein.The Conservation Administrator and/or other agents of the NACC do not have the authority to waive these setbacks as established under the local bylaw. No disturbance of existing grade,soils or vegetation is per-mitted in the N6-Disturbance zone. (50e Section 3.4 &Appendix F of the local Regulations). 36. This document shall be included in all construction contracts;subcontracts,and specifications dealing with the work proposed and shall supersede any conflicting contract requirements. The applicant shall assure that all contractors,subcontractors, and other personnel perforrhing the permitting work are fully aware of the permits terms and conditions. Thereafter,the contractor will be held jointly liable for any violation of this Order resulting from.fAilure to conmply with its conditions. 37.The owners of the project and their successors in title agree that the Order does not in itself impose upon the Town any responsibility to,maintain the proposed drainage system and that said Town shall not be liable for any damage in the event of failure. By acceptance of this Order, the owners agree to indemnify and hold -harmless to the 242=1599.0 Royal Crest Estate.guifding'13&26 NACC 7/1 2120 1 3 DEPFILE 4 242- 1599 Town and its residents for any damage attributable to alterations undertaken on this property pursuant to the Order. Issuance of these.Conditions does not in any way imply or certify that the site or downstream areas will not be subject to flooding, storm damage or any other form of water damage. 38. No work shall be undertaken until all administrati=ve appeal periods from this Order have elapsed or,if such an appeal has been filed,until all proceedings before the Department or Court have been completed. 39.This Order shall be recorded by the applicant at the Registry of Deeds immediately after the expiration of all appeal periods. No work shall be undertaken until the Final Order has been recorded in the Registry of Deeds or the Land Court for the district in which the land is loca€ed,within the chain of title of the affected property. In the case of recorded land,the Final Order shall also be-noted in the Registry's Grantor Index under the name of the owner of the land upon which the proposed work is to be done. In the case of registered land, the Final Order shall also be noted on the Land Court j Certificate of Title of the owner of the land upon which the proposed work is to be done. The recording information shall be submitted to the North Andover Conservation Commission on the form at the end of this Order prior to commencement of the work. Any Order not recorded by the applicant before work commences may be recorded by the NACC at the applicant's expense. 40. A sign shall be displayed at the work area not less than two square feet or more than three square feet in size bearing the words"'Massachusetts DEP, File Number 242- 1599.111, i 41. Any changes in the submitted plans caused by the applicant,another Board's decision or resulting from this Order of Conditions must be submitted to the NACC for approval prior to implementation. If the NACC finds said changes to be significant, the NACC will call for another public hearing(at the expense of the applicant).Within- 21 ithin21 days of the close of said public hearing the NACC will issue an amended or new Order of Conditions. Any errors found in the plans or information submitted by the applicant shall'be considered as changes. No work shall begin on a project until written approval has been granted by the NACC. 42. It is the responsibility of the applicant,owner,and/or successor(s)to ensure that all conditions of this Order of Conditions are complied with. The project engineer and contractors are to be provided with a copy of this Order of Conditions and referenced documents before conrimxnencement of construction. 43. The applicant shall subntit a Planting.Plan for landscaping proposed in the buffer zone to wetland resource areas. All plantings proposed in wetland resource areas or the 242-1599.50 Royal Cast Estatm Buifd`iq 23&1.6 4 NACC 7/!2/2013 I DEP'FIL.E#242'_ 1599 buffer zone shall be native species.The plan will be approved by the Conservation Department prior to commencement of landscaping activities. 44. Prior to any work commencing on-site,the applicant shall submit to the NACC for approval,a detailed and dated sequence of constriction, including the installation of sedimentation/erosion control,devices,installation of foundation drains,landscaping and final stabilization. 45". Wetland flagging shall be checked prior to start of construction and shall be re- established where missing. All wetland flagging shall remain visible and enumerated per the approved plan(s) throughout the life of the project and until a Certificate of Compliance is issued so that erosion control measures can be properly placed and wetland impacts can be monitored. The proposed limit of work shall be shall be clearly marked with.erosion controls or tei'riporaa-y fencing and shall be confirmed by the NACC. Such.barriers shall be checked and replaced as necessary and shall be maintained until all construction is complete. Workers should be informed that no use of machinery,storageof machinery or materials,stockpiling of soil,or construction activity is to occur beyond this line at any time. 46. A row of trenched siltation fence or other erosion control to be approved by the Conservation Department,shall be placed between all construction areas and wetlands. The erosion'control barrier will be properly installed and placed as close to the proposed work as possible and no closer than 25' from delineated-resource areas. The:erosion control shall be inspected and approved by the NACC or its agent prior to Me start of construction and shall remain intact until all disturbed areas have been permanently stabilized to prevent erosion.. All erosion prevention and sedimentation protection measures found necessary during construction shall be implemented at the direction of the NACC or its agent. The NACC reserves the right to impose additional conditions on portions of this project to mitigate any impacts which could result from site erosion,or any noticeable degradation of surface water quality discharging from the site., For example,installation.of erosion control measures'nay be required in areas not shown on the plan(s)referenced in this Order of Conditions. Should such installation be required.by the NACC,they shall be installed within 48 hours of the Commission's request. 47. The applicant shall have on hand at the start of any soil disturbance-,removal or stockpiling ten(10) hay bales and sufficient stakes for staking these bales(or an equivalent amount of silt fence,1 hay bale to equal 3 feet of fence or filter sock). Said bales shall be used only for the control of emergency erosion problems and shall not be used for the normal control of erosion. 48. A check payable to the Town of North Andover shall be provided in the amount of $1,000 which shall be in all respects satisfactory to Town Counsel;Town Treasurer, acid.the NACC,.and shall be posted with the Notth Andover Town Treasurer through the NACC before c6mmencernent of work Said deposit of money shall be 24241599.50 Royal Cast L•'stai s_I3ulig�3&26 NACC x/12/2013 DtP PXLE#242- 1599 conditioned on the completion of all conditions hereof,shall be signed by a party or parties satisfactory to the NACC,and Town Counsel,and shall be released after completion of the project,provided that provisions,satisfactory to the NACC,have been made for performance of any conditions which are of continuing nature. The applicant may propose a monetary release schedule keyed to completion of specific portions of the project for the NACC's review and approval. This condition is issued under the authority of the local ByLaw.. 49. Che applicant shall designate a Wetland Scientist(or other environmental professional as approved by the NACC or its agent)as an"Erosion Control Monitor" to oversee any emergency placement of controls and regular inspection or replacement of sedimentation control devices. The name and phone number of theerosion control monitor must be provided to the.NACC in the event that this person has to be contacted,due to an emergency at the site, during any 24--hour period, including weekends. Proof of the retained monitor must be submitted to the Conservation Department on letterhead by the retained consulting firm. This person shall be given the authority to stop construction for erosion control,purposes. The Environmental Professional will immediately notify the Conservation agent of any matter that requires attention by the Commission or the agent. The erosion control monitor will be required to inspect all such devices and oversee cleaning and the proper disposal of waste products. Cleaning-shall include removal of any entrapped silt. 50. At.least once during each week in which construction activities occurs on-site and for as lorig thereafter as ground remains unstabilized,the applicant shall submit a written report with photos from the"erosion Control,Monitor" to the NACC certify ing that, to the best of his/her'knowledge and belief based on a careful site inspection,all work iabeing,performed in compliance with this Order of Conditions and that approved setbacks are being adhered to. The erosion control monitor must visually inspect all sedimentation/erosion control measures and assume responsibility for their maintenance on a weekly basis and that they are functioning as intended. In addition, all wetland resource areas must be visually inspected for siltation,turbidity,and/or other water quality iriipacts.The Erosion Control Monitor shall lie on site during and/or following a major storm event of 1/2 inch of rain or greater 24 hour event to ensure that soils remain stable, and erosion controls are adequate and secure 51. Prior to construction, the applicant shall permanently mark the edge of the"25' No- Disturbance Zone" to Bordering Vegetated Wetland(or at the existing limit of clearing)-with signs or markers(placed on pressure treated posts if necessary)spaced evenly every 30 feet incorporating the following text: "Protected Wetland Resource Area" and the associated rules(1 square for every 3 round markers). 'This will designate their sensitivity and assure no further inadvertent eaicroachnent into the wetland. These ppermazient markers are subject to review and approval by the NACC. The applicant shall instruct all agents to explain.these markers to buyers/lessees/landscapers and all persons taking over the property from the applicant, These markers shall remain posted and be replaced as necessary in 242=1599.50 Royal C, V':M.ftiAding!? &26 6 NA& 7112120 3 DEP FILE 9 242- 1599 perpetuity. Markers may be obtained at the Conservation Department($2 round/$3 square). 52.The applicant and/or the legal owner of that portion.of land upon which these Orders of Conditions have been placed shall provide to the NACC prior to transferring,or assigning any portion of said land to another party,subject to said Orders of Conditions,the"Compliance Certification form Affidavit" attached via "Appendix A" signed under the pains and penalties of perjury,stating that said applicant and/or owner has read these Orders of Conditions and is in compliance with each and every condition. This document shall apply to each of the conditions referenced herein and shall be provided to the Conservation Department at least five(5)business days prior to the closing of said land transaction. 53. Once these above mentioned pre-construction requirements are complete,the applicant shall contact the Conservation Office prior to site preparation or construction and shall arrange an on-site conference with an NACC representative, the contractor,the engineer;wetland scientist and the applicant to ensure that all of the Conditions of this Order are understood. This Order shall be included in all constm.ction contracts,subcontracts, and:specifications dealing with the work proposed and shall supersede any conflicting contract requirements. The applicant Shall assure that all contractors,subcontractors and other personnel performing the permitted work are fully aware of the permit's terms and conditions. Thereafter, the contractor will be held jointly liable for any violation of this Order of Conditions resulting from;failure to comply with its conditions. The applicant or contractor shall notify the NACC in writing of the identity of the on-site construction supervisor hired to coordinate-construction and to ensure compliance with this Order. A reasonable period of time shall be provided as notice of the pre-construction meeting(e.g.72 hours). I. J'L5TQ1ZW-ATM-.MANAGEMENT COWMONS I 54. All construction and post-construction stormwatei management shall be conducted in accordance with supporting documents subn-fitted with the Notice of Intent; the Department of Environmental Protection Stormwater Management Policy and as approved by the NACC in this Order of Conditions. 55.There,shall be no increase in the post development discharges from the storm drainage system or any other changes im post development conditions that alter the post development watershed boundaries as currently depicted in the Notice of Inte-ht and approved by this Order of Conditions,unless specifically approved in writing by the Commission. 56. Waterquality in down gradient BVW's shall,not differ significantly following completion of the project from the pre-development conditions. There shall be no 14i-450.S6koyal Creat 9s-atcs.gtfi'ld fig'-J)&f§ 7 - - - - NACC 7/12/2013 f DEP PILE#242- 1599 sedimentation into wetlands or water bodies from discharge pipes or surface runoff leaving the site. 57. All stormwater best management practices shall be continually maintained as specified in the Operation and Maintenance Plan(submitted as part of DPP pile#242- 1550)-and incorporated in the Order of Conditions. The approved Operation& Maintenance Plan is fully binding upon the applicant and/or owners,successors, agents, associations,heirs and assigns and must be adhered to in perpetuity. Maintenance of the stormwater management system shall be conducted on an annual basis by a.Registered Professional Cavil Engineer. Maintenance bills submitted by cleaning contractors(catch basins,stormcepters,etc.)shall be maintained with annual engineering reports.A log/proof of annual maintenance activities as required by the Operation& Maintenance Plan shall be maintained for not less than the prior 5 year period.The NACC reserves the right to request documentation of maintenance activities for purposes of verification of this Order: 58. The applicants, owners,and their successors and assignees,shall maintain all culverts, collections basins,traps,outlet structures,subsurface storage areas,and other elements of the drainage system,in order to avoid blockages and siltation which might cause failure of the system and/or detrimental impacts to on-site or off-site resource areas;and shall maintain the integrity of vegetative cover on the site. J—RIN-01 CONSUL I CI—O 59. Upon beginning work,the applicant shall submit written weekly progress reports detailing what work has been done in or near resource areas,and what work is j anticipated to be done over the next period.This will update the construction j sequence. Reports shall be submitted in as part of the weekly environmental monitoring report(see Condition#50). i 60. Dewatering activities are riot proposed as part of the filing. No discharge of water is allowed directly into an area subject to jurisdiction of the Wetlands Protection Act and/or the North Andover Wetland Bylaw. if emergency de-watering requirements arise, the applicant shall subunit a contingency plan to the Commission for approval, which provides for the pumped water to be contained in a settling basin,to reduce P p ' p a turbidity prior to discharge into a resource area: 61. Associated pavement and roadways shall be swept at least weekly or as directed by the Erosion Control monitor, the Site Supervisor,Project Manager, or Conservation staff for as Icing as the site ter Gins exposed and un-stabilized. 62. Any fill used in connection with this project shall be clean fill,containing no trash, refuse,rubbish or debris,including but not limited to lumber,bricks,plaster, wire; 242-i sy9:sU aoya1 Crist IE auig.Building r,A 16 8 SACC;7112—h6l DEP]BILE#'242 1599 lath, paper,cardboard, pipe,tires,ashes,refrigerators,motor vehicles or parts on any of the foregoing. 63. All exposed soil finish grade surfaces shall be immediately landscaped and.stabilized, or loamed,seeded and mulched,with a layer of mulch hay.All disturbed areas must be graded, foamed and seeded prior to November 19t of each year. Outside of the growing season,exposed soil finish grade surfaces shall be stabilized with a layer of mulch hay until climate conditions allow for seeding: During construction,any area of exposed soils that will be left idle for more than 30 days shall be stabilized with a layer of mulch hay or other means approved by the NACC. 64 No re=grading in the buffer zone shall have a slope steeper than 2:1 (horizontal: vertical). Slopes of:steeper gradeshall be rip-rapped to provide permanent stabilisation. 65. There shall be no stockpiling of soil:or other materials within fifty(50) feet of any resource area. 66. Washings from concrete trucks, or surplus concrete,shall not be directed to,any drainage system, or wetland resource area. If truck washing is to be done on site an area shallbe designated and,approved by the Conservation Department. 67. All waste generated by,or associated with,the construction activity shall be contained within the limit of work, and away from any wetland resource area. Where shall be no burying of spent construction materials or disposal of waste on the site by any other means. The applicant shall maintain dumpsters(or other suitable means)at the site for the,storage and removal of such spent construction materials off-site. However,no trash dumpsters will be allowed within 50' of areas subject to protection under the Act or local ByLaw. 68. Accepted:engineering and construction standards and procedures shall be followed in the completion of the project. 59. Duiring and after work on this project,there shallbe no discharge or spillage of fuel,or other pollutants into any wetland resource area. If there is a spill or discharge of any pollutant during any phase of construction the NACC shall be notified by the applicant within one(1) business day. No Construction vehicles are to be stored within 100 feet of wetland resource areas,and no vehicle refueling,equipment lubrication,or maintenance is to I,-ie done within 100 feet of a resource area. ,AFTER CON67RU ON 70. No undergroundg storage offuel oils-shall be allowedany on � lot within one-hundred (1.00) feet of any wetland resource area_ This condition shall survive this Order of 242-11"599.50 koya!Crest Estatcs.sulidin J_J x.16 9 NAGC 7/12/2613 DEP FILK#242 1.599 Conditions and shall run with the title of the property. This condition is issued under the.authority of the Town's Wetland protection ByLaw. 71. Fertilizers utilized for landscaping and lawn care shall be slow release, low-nitrogen types(<5%),and shall not be used within 2-S feet of a resource area. Pesticides and herbicides shall not be used.within 100 feet of a wetland resource area. This condition shall survive this Order of Conditions and shall run with the title of the property. This condition is issued under the authority of the Town's Wetland Protection ByLaw and shall,remain in perpetuity. 72.There shall be no dumping of leaves,grass clippings,brush,or other debris into a wetland:resource area.or within 25 feet of a wetland resource area. This condition shall remain in perpetuity 73. Upon completion of construction and grading;all disturbed areas located outside resource areas shall be stabilized permanently against erosion. This shall be done by foaming and seeming according to N.RC5 standards. Stabilization will be considered complete once full vegetative cover has been achieved. 74. Upon approved site stabilization by Conservation staff,the erosion controls shall be removed and properly disposed of and all exposed unvegetated areas shall be seeded. 75. Upon completion of the project the applicant shall submit the following to the Conservation Commission as part of a request for a Certificate of Compliance: a'. WPA Form 8A-''Request for a Certificate of Comripliance." b. A letter from the applicant requesting a Certificate of Compliance. c. The name and address of the current landowner. d. Signed statements from the individual property owners shall be submitted with the request for a Certificate of Compliance indicating that they read and understood the recorded Order of Conditions prior to purchasing their property. e. The name and address of the individual/trust or corporation to whom the compliance is to be granted. f. The street address and assessor's map/parcel number for the project. g. The UEP file number: h. A written statement from.a Registered Professional Civil Engineer (and/or Registered.Professional Land Surveyor) of the Commonwealth certifying that the work has been conducted as shown on the plan(s)and documents referenced above,and as conditionedby the Commission. is An''As-Built" plan prepared and signed and stamped by a Registered Professional Civil Engineer(P.E.)(and/or Registered Professional Land Surveyor) of the Comlmonwealth;for the public record: This plan will include: "As-Built" post-development elevations of all drainage&stormwater management structures constructed within 100 feet of any wetland resource area. MOTE: if portions of the storznwater syste s exist partially within the 242=1540.Stl Building 23& 16 INACC 7/12/2013 OVEP FILE#242 1599 Buffer Zone than the entire structure roust be depicted to accurately verify compliance. > "As-Built" post-development elevations and grades of all filled or altered wetland resource areas-including the encompassing buffer zone which is regulated as a resource area under the local Wetland Protection Bylaw. r' Distances from structures to wetland resource areas. Structures include(but are not limited to)septic systems,additions,fences,sheds,stone walls, pools,retaining walls,subsurface utilities and decks. r A line showing the limit of work and the extent of existing erosion control devices: "Work" includes disturbance of soils or. vegetation. Location of all subsurface utilities entering the property. 76.The following special conditions shall survive the issuance of a Certificate of Compliance(COC)for this project: 25' No-Disturbance Zone and a 50' No-Construction Zone shall be established from the edge of adjacent wetland resource areas except in those locations approved under DEP#242-1599. Future work within 100' of existing wetland resource areas will require a separate filing with the NACC (refer to Section 3.4 of the Regulations for performance standards within these zones)The Conservation Administrator and/or other agents of the NACC do not have the authority to waive these setbacks as established under the local ByLaw; Resource Area Markers(Condition#51); a Storrnwater Management System Operations and Maintenance(Condition #a7) y Discharge or spillage of pollutants(Condition#69); Prohibition of underground fuels (Condition#70); Limitations ori the use of fertilizers,herbicides,and pesticides(Conditions #71) i- Prohibition of dumping of leaves, grass clippings, brush, or other debris (Condition#72). i4i; 99.5{ Rmyal Crest Es 4 APPENDIX A.- AFTFIDA`IT f, on oath do hereby depose and stater (authorized:agent applicant and(or current owner) (PLEASE CHECK ATLEAST ONE BL4DCK) I.— Earn the of (position with applicant) (applicant name or company name) the applicant upon whom Order of Conditions have been placed upon by (DEP or INACC number) the North Andover Conservation Commission. &/or I I'am the Of (posi6on;vith owner) (owner name) the owner upon whose land:Order of Conditions have been placed:up by (DEP or NACC number) the North Andover Conservation Commission. 8i 3 I-hereby afffrrn and acknowledge that I have received said Order of Conditions and have read--the same and understand each (DEP Pile#) and every condition which has been set forth in;said Order of Conditions: 4. I hereby affirm and acknowledges that on"—day--.day of_19— I -. _.19 I inspected said property together with any and all improvements which have been made to the same and hereby certify that each and every condition set forth in Order of Conditions are presently in compliance. (DEP File#) 8e 5: l hereby affirm and acknowledge that this docutheiit will be relied upon by the North Andover ConserVatiob Commission as well as any potential buyers of said:property which is subject to said Order of Conditions (DEP Pale#) Signed urider the pains and penalties of perjury this—day of 19 (Signatiure=authorized ag."ent of applicant or owner) 242»'i a40' Roya!Crest Ectai s l ui dire `23 b`i16 1� $JAC G 782/2013 I f C a Peovfded by MassDEP, j= (�=, `L':. € ► f " r : N'�t' NACC#112 MassDEP Fife WPA Form - Order of Goi ions e1?t= 7"ai5saCtiOn# C :tTowrt A. General Inforta �bn Please nofe: North Andover ttus rorrrr has 1,Front: been moddaet Conservafion.Commiwor with added 2 This issuande isftir - space to a: ZOrder Of Conditions a.R'Arriefided Order of Conditions accommodate (check one)_: M kepis" of Deeds. ,TO Appicairtf £requirements- irstName LS t-Mame lmpoFtant: WhEiri fiui6g4 AlMCO North Andover, LLC: ouffdfjb?a on c,6r§'atifjatitjii th6 50,ftyal Crest tWye: use only fhe d.Mailing Address- tab key'fo North.Ahdovel .. . AVMA._ - 018AL; , move your e.Cityfrovi+n f:Sfaf� g.Zip U cursor`=do nor.trse tt,e 4. Pl`60erty Owner(if'different frorn appltcan return>tey. a_First,Nan)e f5 [ast Marne c•Orgarnzatfon d.Maim g Address e.CityfTown f.Sfafe g.Zip Code 6:Project:Location: 50R6ya3•Crest Drlve(BitPdirig 49j _ _,__... w Nortri Andover a;Ste6et Address 6.Gifyli6wn Map 25� c:Asses96rs MSpMlat NVffi 6r d.P'S'f OILNumber Latitutle and Lor gitttde, i€known= d,: __ 71 Dd0!'rhQ6".s_ d:Latifade e.t.dngitude wpaf*ia5 doc•reB.051f'3M10 f itt•`#isf s Providedby MassDEP NACC#112 !' A Farm 5 — Order of Conditions e0ep Yransaction#F City/Town A. General Information (cont:) 6. Property recorded at:the registry of Deeds for(attach additional information if more than one pane)_ Essex;North' a:County b.certificate Number(if registered land) 1.0934 47 c'Book d.Page �: Oates, 6/12-/13 7/16113 �m 7/11/13 a:aafd'rvoti(*_oi Intent 1746i' 6.Date PubEie t-ieabi ig Closed c:gate of fssuente 8. Final Approved Plfi &afld tither Documents(attach aoditioirvat plan or dIocG,irPient references I as needed)` Site Pian rcip dation Daig4gekjgufid rig 49- o+a testi•Estates) Comerstorte Land Contul'fants, lnc: John Q VfsmieWski, P bt Prepared 1 By c.S'idr'red anti Stamped by eine 12 20131. &- Revision Date e.Scaie 6Additi&%f k6ni or 5dWtT'ent Title g.Date IS.. Findings tl. Findirigs pursuant to the Massachusetts Mtlands Protection Act: Pollowirig,the review of the above referenced Ndfjo§df I'rrtent and based on the information provided in this applii atioin arid"presented of the pUbitc hearing, this Commission finds that the areas in which,wore rs otbobsed is slg>'t f cant td`the foilowing interests of the 1/Wettatids Protection Act(the Acty Check all that apply: a°, Public Mter Supply b. ( Land Containing Shellfish c. Prevention of Pollution f. Protection df a. Private°C%vafer Supply e, [) Fisheries WIdidd Habitat g. Groundwater Supply K. 0 Storni Daririage Prevention'i. 0 Flood Control 2: ThisCOrfim s iori Hereby finds-the pto,e i,as;proposed, is' (check one of the folloWittg boxes) II Approved subfecf to: a,. M. the foilowi-s cohd'itionswhich are necessary in accordance with the performance stantlards get fortti in the wefita'rios m regGiatiohs. This Com- oedets that all work shall be performed in accot`dva dd with the Nlotide of!Merit referenced above,the following General Condititiris, and'66Y.Other§peCial con,i to t h6 attbZd t6 Ng Order: To the eiieht that the f6iioW1rfg condiiiorrs modify br'differ from tine plans :;pecifidations of dther proposals subM.fttddl with the'Natlde'of Intent, these ddfidifimis shall oontrol.. w0afo(rh6 doc- ria OSM420i 0 p".06 2 of i2 Provided by MassDEP: NACC#1 12 « WPA Form 6 - order of Conditions ana soEP i=ire�� . ... ei=p Tr2�isatiort#. crtyrrown B. Findings (cont.) 0eriied'be'Ca-uae b. E the proposed wore cannot be conditioned to meet the perfotmance.standards set forth in the wetland regulati�and Therefore, work on this project may not go forward unless and until a new Notice Of Intent is submitted which provides measures which are adequate to protect-the interests of the Act,ands a final Orderof Conditions is issued. A ftscriptioin of the perf6emar destandards which the proposed work catinbt meet is attached to`this Order. the,inf0f-M8tidri submitted by ther appCiearit is not sufficient to describe the site, the work; or the effect of the w(5rk.on fitef interests identified in the Wetlands Protection Act; Therefore; work;on this-projects may not go forward unless and until a revised Notioe of Intent"is.submitttd`,Which provides sufficient information and includes r>le'asures which are adequate t0 profect tt, Act's interests;and a final Carder of Conditions is issued. A descriobdri of the specific+ information,which is lacking and why itis necessary is attached tol this Order as per 310 CMR 10:05(6}(cj': 3. 0= Buffer Zone lmpatts: Shortest distande between limit of project 34_ disturbance and the weftafid resodfde area spedif ed in 310 C-MR 10.02(i)(a) a.iinear6t Inland Resr urce-Arrea Irr►pAdt ;Ch6ek all that apply below; (For Approvals Only) Resource Area Proposed Permitted Proposed Permitted Alteration Alteratiot Repladertieht Replacement a�. Bank a.iinear feet b.brrearfeet t,rirfwfeet d.lineae feet 5. [.] Bordering _ Vegetated Wetland a:square feef b,square feet c;square feet d.Square feet & C] Larid Under Watetbodies acid a.square feet b.square feet c.square feet d.square feet Uifaterii�a j�`s _ _ e:Gy drad§ed f dy'dttd,§ed 7= Subject to Plod&ng a.sq U&6 feet b:squafe feet t:.square feet d,squarefeet Cubic Feet Flood Storage e.cubic feet f cubit feet g.Cubic feet _ h.cubic feet Isolated Land Subjecttb F bodiri!� a:square feet b':Square feef Cubic Fdi§f Flood Storage c.cubic feet d.cubic feef; e.cubit feet f.cubic feet 9s R veffi`dAf Area` a:tdfai id.feet b:to F91 sq feet 94 ft within loci ft c.sq`uaee feef d.square feet e.square deet f,Square feet Sq ft between+f00- 200fti a. _ g.square feef square feet i.sguare fee$ J.square feet. w0oa nS doe- rov&4iid6lo Pao 3 of 2 i r " Provided by MassOEP: i1 atwi5P Flit, WPA Form 5, - Order of Condition _�. �e/DEPy7ransa�c tion* Findings (cont:) Coastal Resource Area Impacts: Check all that apply below. (For Approvals Only) Proposed- Permitted ProposedPermitted Alteration Alteration Replacernent Replacement tb n Designated Porgy;. Areas Indicate size Urlder lurid Under the Ocean; below ff, 0 Land Under,tl e OGear1 e-square feet b square fe€t C.cty dredged d.c/y dredged` Indicate size Grider 008st9l BeadhLsS and/or Coastal Dunes t� Barfier Be'aehes below 13. M. _ _ cu Ytl eu yd Coastal Beaches' a.square feet b.square feet c.nourishment d.nourishment 94, C6asfal buries _ _ �� _ cu yd- cu.Yd 0' a.square feet b.square feet c.nourishment d.nourishment Coastal Banks a:slii6ear'feet: b tlnearvfeef' 16 [ ` Rocky 10e16dal Shores a.squarefief b.squire feet 17- d $alt IVIar"shes a,square feet b.square feet c.square feet d.t!art feet i68 a Land LMder Salt Fonds a.square feet b-square fief c.c/y dredged d cry dredged` 19. 0 Land'Containing Sheilfistt a:.square fief b.square feet c.squ4re feet dt square'feet 26. FishRUhtt lndic;0e`size Uhd-et Coastal Banks, Inland Bank; Land Udder the Oc*aff, and/or Hand Land UhdOf Waterbodies and Waterways',above' a:tfydredged`.- b:cly'dredgee� 21. Land Bubject°to Coastal Swfri a.square feet b:square feet Flowage° i I wpatorm5 666=rdV 0511912010 C&ac 4 0112 l / Provided by MassbEP: NACW12 __ _ u i g7a-s6EP Fite BUPA Form 5 - Order of Conditions eDEP TfangaV__o//n# City/Town 9e, Findings (cont.) '#2Z,If the Z [I Restoration/G-nhanCement : pYi3jeCfi:c'"s fdr the paro6se of restoring or' p- enhancing a a:square feet of 9M b.square feetof saltmarsh wetland rzsource arefs= 2s` Strearrt Crossings}:: iri addi'tibe to the`square- f tape tt i r'5 a.number of new sftearn crossings .number of replawthent stream crossings 2as Been C,General Cond tiorm, lander Massachusetts,Wetlands Protection Act entered;n Section 9.6.c. is f'or Thee:f6liowing conditions are only appficable to Approved projects EH47,c(Salt. Marst l abcGe i. Pave to'comply with all coTrditioris stated herein, and with all related statutes arid,other please irri#er , the additional regulatory YffeasUtes;shall be deemed caUse to revoke or Modify this Older: amount hire. 2. The Order does not grant any property rights or any eft4giVe privifeges it dries Clot auti ori:e an•y rrijury'to private property or invasion 61 private rights. 3. This Order does not relieve the permittee or any other per"son of the necessity of complying wfth•ail'other appficaljie-f6detal,state. or local statutes,.ordinances; bylaws, ©r rreguiations: 4, The work authorized hereOder shall.be doMpfeted within three years frorti the date of alis Order unless either of the fi6ffowing apply: 6 the work is,9 rhaint6natice dredging projecta;provided for in the Act',or fa: the time for completion figs been extended to a specified date more than thrice years;, but`fess than five years,from the:date of issuance. if this Order is intended to be valid for more than three years,the extensidh date and the specialcircumstances warranting the extended"time,period are set forth as a special condition in this Order: 5.- This Order may be extended by the issuing authority for one or more periods of up to three years each upott application to the issuing authdtity at feast 36 days prior to the ekpiration dateof the>O'rder: 6. If this Order,constitutes all Amended'Order of C66diti6ns,this Arrierided Order tiff Conditions doe`s hof&kfmid the'issuaric-e date 6f tiieori irfal Final Order of Conditions and fh,e Order will expire on 612VI6 unless 63(Mrided rri Whting by t-6 0epa,rttrietht. 7. Aly fill used irr connection with this pfojeot;shall be cfean fill.Any fill'shall contain no irash; refuse, rubbish,,or debris, including but not lirrtited to'fumber, bricks, plaster'; wire, lath; paper, cardboard, piper tires,ashes, refrigerators; motor vehicles,or parts of 0hy of the foregoing. 8. This Order is ndt firraf tintif aife adthihistrative appeal periods k6m this Ordet have elapsed, or if such an appeal has been taken;until all ptoc-d6dings before the hepar€m6nt have be-e-h cofni leted. wpaform5 dot•ro5.Osmko to Page 5 of 12 Provid,6-d by IVACC#112ass0EP^. WPA Form 6 - Order of Conditions eOEP TrfPitgcfi6h City/Town C- 'General Conditions Under Mtassaohusetts Wetland's Protection Act (coat.) 9. No work shad be undertakers until the Order has become final and then has been recorded in the Registry of Deeds.or the Land Court for the district in which the land is located, within the chain of title of the:affected'property. in the case of recorded land, the Final Order shall also be noted in the Registry's Grantor'Index under the narne of the owner"of the land upon which the proposed work is to be done. Irl the case of the registered land, the Final Order shall also be n:ofdd°on til "Land.Court'Certifcate of Title of the-owriet 0-f the land upon Which the proposed Vdork is We,The WOfding ihfafmation shall be submitted to the Conservation C'orrirritssion"ori the fom at the end of€his Order,which forrh must be stamped by the Registry of Deeds, prior to the coni01erfcernent of work. 16, A-sign shall be.dispfayed at the-site not less then two square feet'or more than three square feet in size bear4ng the-words, -Massachusetts Department of Environmental Protection"[or, "MassDSKI 'File fVu"r<ber NACC#112 11. VVl ere the Depai tnient of Environmental Protection is requested to issue a Superseding Order, the Cor servation Conrirntssiorr shall be a party to all agency proceedlhgs and hearings before MassDEP. 'I2. Upon cbmpfetorr of t1 tl work described hereih,the.apok,ant shall subMit a Request for Certificate of Compliance(WPA rofrm 8A)to the Conservation Commission. The work shall conform to the plans and speeial to-nditions referenced in this order_ 14. Any change"t6 the plans'identified in Condition;<#13 above shall require the applicant to inquire of the Conservation Commission id Wtkin'g whether the cl aiige is signrficarit enough to-require the Bing of a new Notice of Intent. 16. The Agent or menbers of the Conservation Cbmrfiission and the Departrnentof Envtrorrriental Profedtion shatl have the right to ehfer and inspect the area subject to this Order at°reasoriable hours to evaluate corboliance with the conditions stated in this Order, aril m"ay require the subrrrift'al:of any data deerrred ffecessar'y by the Conser'Vat or Commission or`D"epartrment for that'evalUati'oit: 16'. This Order of Coriditions shall apply to any successor in interest or successor ih control of the property subject to this Order and'Wank contractor or other pe"r"son performing Work conditioned by this-0rd'er. 174. Prior"to the staff:of'vldN and if the project inv©lves work adjacent to a Bordering Vegetated Wetland',the 66UM&y of the wetla' M in the ViCrnit"y of tfle proposed work area shall be marked by Woddeh stakes tar•flagging`. Ohre in place the wetland boundary marker"s shall ba maintained until of Cert fid-ate of Compliance has 1'56eh issued by tine Gonservatiol Cornrnissio'n`. wpatorm5.dx- rev 05t19/20t0 Page 6of 12 Provided by _NassDEP� ACC#112 Masso8p File lPA Form 5 — Order of Conditions �k A DEP Traiiaaaion# C. Cjanerall Conditiorm leder Massa�huaetts Wetlands Protection Act(cont.) 18, All sedimentation barriers shaft be maintained in good repairuntil all disturbed areas have been fully stabifized with vegetation or other means.At no time shall sediments be deposited`in a wetland or water body. wring construction;the applicant or his/her designee j shall inspect the erosion controls on a daily basis and shall remove accumulated sedimentsas needed: The appMcant stiall immediately control any erosion problems that occur at the site and shall also immediately notify the Conservation Commission, which reserves the right to require addittonaf erosion andfbr damage`prevention controls it may deem necessary: Sediri ienta€ori barriers shaft serve as the limit of work unless another limit of work line hat,beers approved by.this Order. NOTICE OF STORMWATERCONTROL AND MAfNTENANCE REOUIREMENTS 19•. Thte work associated with,thrs Order(the"Project51)is tt)g;is not(2)❑subject to the Massact use#ts Stortriwater Standards. I the wotk is subject to the ttotu wat'ei' Standards,tk►en the project is subject to the foiiovving conditions: a)' Altwork, incfuding>site preparation';.. land'distt�rtsance�c-onstructxot and.redevelopirieiit shall be implerner3teet in accordance With the corns frucfior►:period'pollution pievehtloh and erosion and sedfinelitation control plan and,if applipablef the Stotthwater Pollution Pteveftonl blah required:by the National Pollution Of Narge l-fiminaticln System Construction(Generaf hermit as required by Stormwater Condition 8. Construction Wtod erosion, sedishentafion and pollution coritroi Mea- Wes and best management practices (-,&Ps) shall remafA ri place until the site isfull`y stabilizedi bj. No sfrmwateg rcin'off nia}t be discharged to the post-construction sformv�ater BMPs unless and urilill a Registered ProfeSsiorral Engineer provides a Certification that: L all construction period SNIPS have been removed or,will be removed by a date certain specified'in the Certification, For any construction period BMPs intended to be converted to post donstruefiorf,operation fol'stormwater attenuation, re6harge, aiid/tar treatrn6ht,the Mfiven§n is allowed by the MassO P StorenwaWr f4andbook 8KCP specifications-and that the SMP'has beers{properfy cleaned or prepared for post tohstruction operation, Iricludi'rig re movat of aft dotistruction,period sediment trapped in inlet and outlet controi structures; ii. as-built final W69frucfion WPM plans are infcluded signed and starbped by a Registered Professional Engineer,cerf flying the site is fully slabifized; iii. any illicit dist Fiarges fit the stormwater rria`nagerr3ent system have been fL5M6ved, at per the requirements of Sformwater Stand'a'rd 16 iv. all post'-cflnsfructiori "stormwater"BM §are instdffed in accordance with the plans (including:alt p(ar ting plans)approved'by the issuing'authority, and have been inspected to ensure tha-f they are trot d6rh6ged and that they are in, proper working condition; V,any vdgdfMi6i�assdoiated with posf-coif§fi'iicttdi i BMP§is suitakily established f© withstand erosrori�. wpafori"S d&-t4v prit WOtO Page 7 W 42 Provided by MaSSDEO'. NACC#11_2 ) WSSDEP File# WPA Form 51 — Order of Conditions .q� . �oEP�fadSaGiibn�# Cityr town C,Certeral Conditions Under Massachusetts Wetlands Protection Act (cora) c), The landowner is responsible for SMP maintenance until the issuing authority is notified that anotheir party has legal; assijmed responsibility for BMF maintenance. Prior to �' p � requesting a Certificate of Compliance, or Partial Certificate of Cbmpl'iance; the responsible party(defined in General Condition 1'8(e})shall execute and submit to the issuing authority an Doerati ont arid!Matrifervance CoMpliarice S#aten ent("OW Statement)for the Stormwater 9MPs-identifying':the party resfaortsMe for IMptemehfing the storniWater BMP aperation and Maintenanee Pian ('`C)&M Pian`)and cerfifying the following 11)the O&M Pian is complete and will,be lrnplemented upon receipt of the Certificate of Compliance, And a)the future>res=ponsible•parties shall be notified in writing of their ongoing legal responsibility to operate and maintain the stormwater management BMPs and ithplernent the Stormwater Poffution Prevention Plait; d): Past-construction pollution prevtrifilort and source control,shall be impiemet ted in accordance wi>lh the long terra pollution prevention plan section of the approved Stormwater Report and,,if applicable,,the Stortfnwater Pollution Prevention Plan required by the National Pollution Discharge Elimination System Multi-Sector General Permit; e`) Uhless and ti'ntii another party accepts responsibdrty, the landowrrier.or owner of ahy drainage easement;assu>7ries tesporisibilrty fer rmaintarning each E3Mf�. To overeflrne this presumption,.tate landowhet of the property r ust submit,to'the issuing authority a legally binding agreerbent of record acceptable to t#ie issuing authority.-evidencing that another i efitity has accepted resporrsibility for maintarinir ig the 6MP,.and,that the proposed j responsible pally glial► be treated as a permittee for'purpbses of implementing the requaremenfs of Condil'ions 18(f)through 18(i)with respect to,that BMP. Any failure of the proposedresponsible party to implement the requirernents of Conditions 18(f)through 18(k)with respect to that WO shall,be a violation of the Cider of Conditions or Certificate of Compliance. in the case of stormwater 8MPs that are serving more than one lot,the legally binding agreemem shall also identify the lots that Will be serviced by the stormwater BMPs. A plea and easement deed that grants the responsible party access to perform the required operation and maintenance must be.subrilitted ai'ong with the legally binding agreement: f} The responsible patty shall operate and maintain all stormwater SMP ; in accordance _, with the design plans,the p'$IUI1 Plan;and the requirements of the Massachusetts Stormwater Handbook wpe&dis doe• (4v'05tl gf2010 Pae dr Q Provided b Y Mastotp: � i;�� y G 61t ;�/� I�i t r C.`t u 7 NACC#'i 12 NiaSsPP dile# WPA Fora 6= Order of Conditions - cityrrown C. General Conditions Under Massachusetts Wetlands Protection Act(pont:) g) The responsible party shall. 1. Maintain an operation and maintenance log for the last three(3)consecutive calendar years of inspections;repairs,Maihtenance and/or replacement of the stormwater management system or any part thereof, and disposal (for disposal the ling shall indicate.the type of material and the disposal location); Z. Make the t`hafl+tt6nam--e log avallab a to M-ass,015P and the conservation commission (',Commission`") upon request;and 3: Allow members and agents of the Mass0'5P artd the C®rr MISSion to ehter and inspect the°site to evaluate and ensure that tate responsible party is in compliance with the requirements for each BMP established in the O91lfi Plan approved by tie issuing,=authority, h) All.sediment or other contaminants removed from stormwater SMPs shall be disposed of in accordance withi all applicable federal,state,and local laws and re 'Ulations. pp g i} Illicitdisc-harges to the stormwat'et'rriariageh ent system as defined in 310 CMR 10.04 are prohibited. j) The stormwater Management system approved in the order of Conditions shall not be changed without the prio-rwr'iitteri aporovaI ftt#itguing authority. k) Areas-designaf d'as qualifying'pervious areas for the purpose of the Low impact Site. Design Credit(as defined in the Mass-08P Storawater Handbook;Volume S, Chapter 1, Low Impact Development Site Design Credits)shall not be altered without the prior written ap'provaf of the:issuing auifiority. j` Access for rnainteraarice, repair,and/or`replto� ffieftt of BMps shall not oe withht"Id. Any fencing constructed,around stormwater BMPs shall include access gates and shall be at least six iholle's abo vet grade to allow for wildlife passage. Special Conditions(if'you need more space for additional conditions, please attach a text document)" wpatorm5dsc rw 05t19/20io Otis 3 tar 0 j 7 Provided by MassDEP: NACC-#I 12 MassOl=-P Fite# E PA Form, 5 =- Order of Conditions _ __ _ e6 rrawsaaion citylTowft D.. Findings Under Municipal Wetlands Bylaw or Ordinance i. Iv a muriic pal wetfarids,bylaw of Ordinance ance applioable?' Yes No 2. Tire North Andover_. � _ �.- � hereby finds(checlt one that applies); Consertiation CommiSsrbiro a: [ that the pfoposed work caffilot-be conditionedto meetthe standards set forth in a municipal ordinance or bylaw',specifically; 1.Mufiici ai ordinance or eylaiv 2.Gitalion Therefore,work on thisl project may not go forward unless and until a revised NotiU'.of Intent is SUb Ited which=provides'rrieasures which are ado quate to meet these Standfds,and a final- of Coriditroris is issued. 2 that the fdllowirrgi.additional conditiont are necessary to comply with a tfiunicipal ordiftance of bylaw:: North Andorrer Wetlands l?ratectiort Byiaw4. _.. Chapter l78 1.Wnidtpa 1 rd-inance or Bylaw' 2,Citation 3. the Coffrnission orders fhat all work shall be performed;in accordance with the folldwin conditions and WM tfie P46i ce of intent referenced-6bdve.,To the extent that the follovvibg codditioris MoMy or differ ffoM the-plans, s"pee fications;of Other pi oposais submitted with the`Notice df latent fhe conditions shall cor;trol. Th'e special cond'itions�retat0!rg to�M,urtieipal ordinauice or bylaw 64as follows(if you heed more sp6dd f6t additional c.6ndit16ns,attach a text docume t) See Attached` wpz(6465doc• rev 0566= P 100iI Provided by a. � ,. f l•Gc !")��:x : � `L� NACC#�112assDl p: kiisbEP File 0 ` WPA Form 6 - Order of Conditions l erD€P Trairisattioh' Qtyfrbwn E. Signature 'this Order is valid for three years unless otherwise specified as a special condition pursuant€o General Canditions#4,from the date of'issuance. 1.Date of Issuance Please indicate the number of'members who will sign this form. This Order'must be signed by a majority of the Conservation Corttimission: 2.Number of Signers 7hfe Order must be mailed by certified mail.(return receipt requested)or hand delivered to the applicant:A copy,also must be mailed or hand delivered at-the same time to the appropriate Department of EnvirO-hMenfaf Rrotection Regioriaf Write,,if not fling#ldctroniraliy,and the property owner;ff.different from applicant - Sigrtatures. 2 D by harid deliverji on by certifred'mail, return receipt requested;o 1 parte b`afe -- �r..____•.. . ......_... ._. _ _.. _ F. Appeals The applicant,;the(wrier,any person aggrieved by this Order,any owner Of land abutting the lands subject to this Order`;o arty ten residents of tate city or town in which such land is located, _. _. are hereby notified of their right to request the appropr€ale llllassaEP kegion'ai Office to issue a Superseding Order of COndinbris. The request must be Made by certified mall or hand delivery to th'e Department, with the appropriate filing fee and a completed.fZequest of©epartmentai Action Fee Transmittal Form as provided in 31.0 CMR 10.91(7).within ten business days from 6e date of issuance of this Order:A copy of the b60Ue9t s�iali at the safine time be sent by oe ttified snail or hand delivery to the Coftervatfon COMrhission and to the appliEant, if he/she°is notethe>appellant_ Any'dop@ifmimr seel4r7g tai'appeat tfid Departrild-W§gupersEding Order associated with this appeal will`be r"egciired to demonstrate pirior participation in the'review of floss projedt.Pteviolas participation ins the permit proc2ed'ing.Deans the Submission of wti$ten inforthation to the Conservation ComYnission prior fo the Gose Of the public hearing,requesting i Superseding Order,or providing written information to the Department prior to issuance of a Superseding Older. The request shall state deafly and concisely the obfectioins to the Order which is being appealed"and how the.Order does-not cohirib{rfe to the protection of the interests identified in the'Was§achusetts.Wdands Protection Act(MAL. c. 'I M,§40), and is irld6h -ister t with the wetfarids r'egula ah-§(310 CMS 16.00] To the eluent that the Order is based on a municipal orditriar ce or bylaw, and riot on the Massachusefts Wb;fiands Protection Act of fegulattons, the De`partrnent-h'as no a00d-#6te jurisdiction. wpg6imsdoe=rev"0571912010 pom ii 0'14 � Provided by tviassbEP: - I /loge 611"'Z1 NACC#112 r_. I MassDEP FiLa WPA Form 5 - Order of Conditions _ eL3�P transection cityrrown G., Recording Information Prior to cor m-enceme'iit of Work, this Order of Condftionsl must be recorded in the Registry of Deeds or the Land Court for the district in which tfie land is located,within the chain of title of the affected propeety. In the case,of recorded lana;the Final Order shall also be noted in the Registry's Grantor Index under the name of the owner df the land subject to the Order: In the case of registered land,this Order shall also be rioted on,the Land CourtCertificate of Title of the owner of the land subject to the Order of Conditions,The recording iriform-ation on this page shall be submitted to the Conservation Commissidn listen below.- North Andover conservation cornmission Detach on,dotted lute;have-starnped by the Registry of Leeds and submit to the Conservation C'o'mrriission. Tu N'oi`th Andover- .. . conser�ationComri�ssion 10­lea'se`be advised that the O"i d'er of Cot d hioht#car the Kolect at; �-O Royal'Crest Drivq ildNACC#112 w _ Project Location Ws§'DEP Fite Number Mase been recorded at the'Reg'i'stry,of Deeds of County Boob Pale AIMCO North Acido er;,LL-C _ for: Property OWher ands has been noted in the dais of title of t€ie affected.property in: Book Paje In accordance with th e Order of Conditions Issued on Date If reeorded land; tl @ instrutfent number identifying this transaction Is: 160fumerit Nvrnber If regusteeed land,the dodurhent number 1-dentifykgr this transaction is: dOGunierStNumt)eY _ _ __ signature of Apptcant %,06 iidd6e• reV:0!7lk010 O.i46 Q bf iP NACC#112 Therefore, the North Andover Conservation Commission.(hereafter the "'NACC") hereby finds that the following conditions are necessary,in accordance with the Performance Standards set forth in the local ByLaw and Regulations to protect those interests noted above. The NACC orders that all work shall be performed in accordance with said conditions and with the Notice of Intent referenced below. To the extent.that the follow n nd tions modify or differ from the1- ,specfffcations or other oro osals submitted with the Notice of_Intent_the conditions shall c1tr . I 20. The proposed work includes;installation of foundation drainage and drainage outlet for Building#49 in the 100--foot Buffer. Zone to Isolated Vegetated Wetland. Waterproofing and repairs will also be conducted on the foundation. New precast concrete stairs wilt be installed.Roof drain connections will be installed and capped with no downspout connections allowed as part of this filing. New landscaping will also be installed:. 21. The work shall conform to the following(except as noted in the remainder of this document where revisions may be required), Applicant/Property Owner: Dan Milinazzo AIMC®North Andover, LLC 50 Royal Crest Drive North Andover, Massachusetts 01845 Notice of Intent-filed by: Kenneth Lania Cornerstone Land Consultants, Inc. 1794 Bridge Street- Unit 17B Dracut; MA 0182 Dated.,quite 13,22013 Site Plans prepared by Cornerstone Land Consultants,Inc. Titled: Foundation Drainage Site-Plan Pciundaton Drainage Bldg 49-Royal Crest Estates Date:June 12,7013 Sheets 1 .:3 Stamped by:John A. Visniewski, P.E. 22.The term,•Applicant" as used in this Order of Conditions shall refer to the owner,ally successor in interest or successor in control of the property referenced in the Notice of Intent,supporting documents and dus Order of Conditions. The NACC shall be notified in writing within 30 days of all transfers of title of any portion of property that rakes .:lace prior to the issuance=of a Certificate of Compliance. P P P NACC#1121 50 Royal Crest Elates.Ulding 49 i NACC 7/11/2613 NACC#1X2, 23. The conditions of this decision shall apply to,and be binding upon, the applicant, owner,its employees and all successors and assigns in interest or control. These obligations shall be expressed in covenants in all deeds to succeeding owners of portions of the property. 24. Failure to comply with all conditions stated herein,and with all related statutes and other regulatory measures;shall be deemed cause to revoke or modify this Order. 25.This Order does not grant any property rights or, any exclusive privileges; it does not authorize any injury to private property or invasion of property rights. However, the NACC,agent of the NACC or the Department of Environmental Protection(DEP) reserves the right to enter and inspect the property at all reasonable times until a Certificate of Compliance is issued, to evaluate compliance with this Order of Conditions,the,Act(310 CMR 10.00);the North Andover Wetland hyl.,aw and. Regulations,and may require any information,measurements, photographs, observations,and/or materials,or may require the submittal of any data or information deemed necessary by the NACC for that evaluation. Further, work shall be-halted on the site if the NACC,agent or DEP determines that any of the work is not in compliance with this Order of Conditions. Mork shall not resume until the NACC isatisfied that the work will comply and has so notified the applicant in writing, 26.This Order does not relieve the permittee or any other person of the necessity of complying with all either applicable federal;state or local statutes, ordinances,by-laws or regulations. 27.The work authorized-hereunder shall be completed within three years from the date of this order. 28. This Order may be extended b the issuing authority for one but not more than two Y Y g tY period's of up to one year each upon application to the issuing authority at least thirty da (30) prior to__the expiration -date_.of:__the Order. (Refer to Section 8.3 of the North Andover Wetland Regulations). 29.The NACC reserves the right to amend this Order of Conditions after a legally advertised public hearing if,plans or circumstances are changed or if new conditions or information so warrant. 30.Where the Department of Environmental Protection(DEP) is requested to make a determination and to issue a Superseding Order,the Conservation Commission shall be a party to all agency proceedings and hearings before the Department. Al. This Order of Conditions is issued in addition to an OOC issued by the Town of North Andover under.NACC#32 which received a Certificate of Compliance on March 14, 2012. Pour additional Orders of Conditions have been issued under DSP File leo. N2- NACC#112.50 Royal Cry. Cates.Building 44 2 NACC 7/1112013 I NACC 4112. 1550,242-1568 and NACC #94 and 95.Certificates of Compliance have been applied for.These matters are pending. 32. Anyfuture project which proposes a wetland crossing in order to access certain portions-of the property will,not be qualified as a limited project roadway under 310 C.MR-10.53(e). 33.The following wetland resource area is affected by the proposed work: Buffer Zone to Isolated Vegetated Wetland(IVW). This resource area is significant to the interests of the Town ByLaw as noted above and therein. The applicant has not attempted to overcome the presumption of significance of these resource areas to the identified interests. 34. The NACC agrees with the, applicant's delineation of the wetland resource areas on the site as shown on the plans dated,referenced herein. An Order of Resource Area Delineation (ORAD)has,also been issued for this site under DEP File#242-1567. 35. The-NACC finds that the intensive use of the upland areas and buffer zone proposed on this site will cause further alteration of the wetland resource areas. In order to prevent any alteration of wetland resource areas a twe11V five foot fZ ) NS om Disturbance done and a fifty foot shall be established from the edge of the adjacent wetland resource area except as shown as shown on the record plans referenced herein,The C-ons'erVation Administrator and/or other agents of the NACC do not have the authority to waive these setbacks as established under the loca-1 bylaw. No disturbance of existing,grade, soils or vegetation is permitted in the No-Digturbance zone. (See Section 3.4&Appendix P of the local Peguldhons). 36. This document shall be included in all construction contracts, subcontracts,and specifications dealing with thework proposed and shall supersede any conflicting contract requirements. The applicant shall assure that all contractors, subcontractors, and other personnel performing the permitting work are fully aware of the permit terms and coriditi4ins- Thereafter, the contractor will be held jointly liable for any violation of this Order resulting fforn failure to comply with itsconditions. 37.The owners of theproject and their successors in title agree that the Order does not in itself impose upon the Town any responsibility to maintain the proposed drainage system and that said Town shall not be liable for any damage in the event of failure. By acceptance of this Order, the owners agree to indemnify and hold harmless to the Town and its residents for any damage attributable to alterations undertaken on this property`pursuant to the Order. Issuance of these Conditions does not in any way i r.mply or certify that the situ or downstream.ownstrearn. areas will not be subject to hooding,storm damage or any other form of water damage. PRIOR TO CONSTRUMON J I NACC#112.56 R69A I Crest I itfi I din L?4() 3 NACC 7/11/2-0-13 IVACC#412 38. No work shall be undertaken until all administrative appeal periods from this Order have elapsed or,if such an appeal has been filed, until all proceedings before the Department or Court have been completed. 39. T-his Order shall be recorded by the applicant at the.Registry of Deeds immediately after the expiration of all appeal periods. No--work shall be undertaken until the Final Order has been recorded.in,the Registry of Deeds or the Land Court for the district in which.the land is located, within the chain of title of the affected property. In the case of recorded land,the Final Order shall also be noted in the Registry's Grantor Index under the name of the ovmer of the land upon which the proposed work is to be done. In the case of registered land, the Final Order shall also be noted on the Land Court Certificate of Title of the owner of the land upon which the proposed work is to be done.The recording information shall be submitted to the North Andover Conservation Comrm'ssion on the form at the end of this Order prior to conunancement of the work. Any Order not recorded by the applicant before work commences may be recorded by the NACC at the applicant's expense. 40. A sign shall be displayed at the work area not legs than two square feet or more than three square feet in size bearing the words"NACC#112." 41. Any changes in the submitted plans caused by the applicant,another Board's decision or resulting from this Order of Conditions must be submitted to the NACC for approval prior to implementation. If the NACC finds said changes to be significant, the NACC will call for another public heating(at the he expense of the applicant). Within 21: clays of the close of said public hearing the NACC will issue an amended or new Order!of Conditions. Any errors found in the plans or information submitted by the applicant shall be considered as changes. No work shall begin on a project until written approval has been,granted by the NACC. 42. It is the responsibility of the applicant,owner, and/or successor(s)to ensure that all conditions of this C)tdet:of.Conditions are complied with. The project engineer and contractors are to be provided with a copy of this Order of Conditions and reference-CIA documents before commencement of construction. 43.The applicant shall submit a Planting Plan for landscaping proposed in the buffer zone to wettand resource areas. All plantings proposed in wetland resource areas or the buffer zone shall be native species.The plan will be approved by the Conservation Department prior to cornmencem ent of landscaping activities. 44. Prior to any work commencing on-site,the applicant shall submit to the NACC for approval,a detailed and dated sequence of construction,including the installation of sedimentation/erosion control devices,installatidn of foundation drains, landscaping and firiAl stabilitation. NACC#112.50 Royal Crest Estates.Building 49 4 NACC 7%1112013 NACC#112 45.Wetland flagging shall be checked prior to start of construction and shall be re- established where missing. All wetland flagging shall remain visible and enumerated per the approved plan(s) throughout the life of the project and until a Certificate of Compliance is issuedso that erosion control measures can be properly placed and wetland impacts can be monitored. The proposed limit of work shall be shall be clearly marked with erosion controls or temporary fencing and shall be confirmed by the NACC. Such barriers shall be checked and replaced as necessary and shall be maintained until all construction is complete. Workers should be informed that no use of machinery, storage of machinery or materials, stockpiling of soil,or construction activity is to occur beyond this line at any time. 40. A row of trenchedsiltation fence or other erosion control to be approved by the Conservation Department shall be placed between all construction areas and wetlands. The-erosion control barrier will be properly installed and placed as close to the'proposed work as possible and no closer than 25'from delineated resource areas. The erosion control shall be inspected and approved by the NACC or its agent prior to the start of construction and shall remain intact until all disturbed areas have been permanently stabilized to prevent erosion. All erosion prevention and sedimentation protection measures found necessary during construction shall be implemented at the direction of the NACC or its agent. The NACC reserves the right to impose additional conditions on.portions of this project to mitigate any impacts which could result from site erosion,or any noticeable degradation of surface water quality discharging from the site. For example, installation of erosion control measures may be required in areas not shown on the plan(s)referenced in this Order of Conditions. Should such installation be required by the NACC,they shall be installed within 48 hours of the Commission's request. 47.The applicant shall have on hand at the start of any soil disturbance,removal or stockpiling ten(10)hay bales and sufficient stakes for staking these bales(or an equivalent amount of silt fence 1 hay bale to equal 3 feet of fence or filter sock). Said bales-shall be used only for the control of emergency erosion problems and shall not be used for the normal control of erosion. 48. A check payable to the Town of North Andover shall be provided in the amount of $100 which shall be in all respects satisfactory to Town Counsel,Town Treasurer, and the NACC,and shall be posted with the North Andover Town Treasurer through the NACC before commencement of work. Said deposit of money shall be conditioned on the completion of all conditions hereof, shall be signed by a party or parties satisfactory to the NACC,and Town Counsel, and shall be released after completion of the project,ptovided that provisions,satisfactory to the NACC,have been made for performance of any conditions which are of continuing nature. The applicaint may propose a monetary release schedule keyed to completion of specific portions of the project for the NA.CC's review and approval. This condition is issued urndet the authority of the local FyLaw. NAckfA i i2;50 Royal cr&NIAtes.guifittg 4y NACC 7/11/2013 NACC#11.2 49.The applicant.shall designate a Wetland Scientist(or other environmental professional as approved by the NACC or its agent)as an"Erosion Control Monitor" to oversee any emergency placement of controls and regular inspection or replacement of sedimentation control devices. The.name and phone number of the erosion control monitor must be provided to the NACC in the event that this person has to be contacted,due to an emergency at the site,during any 24-hour period,including weekends. Proof of the retained monitor must be submitted to the Conservation Department on letterhead by the retained consulting firm. This person shall be given the authority to stop construction for erosion control purposes. The Environmental Professional will immediately notify the Conservation agent of any matter that requires attention by the Commission or the agent. The erosion control monitor will be required to inspect all such devices and oversee cleaning and the proper disposal of waste products. Cleaning shall include removal of any entrapped silt, 50. At leastonce during each'Week in which construction activities occurs on-site and for as long thereafter as ground remains unstabilixed, the applicant shall submit a written report with photos from the"Erosion Control Monitor" to the NAC certifying that, to the, of his/her knowledge and belief based ona careful site inspection, all work is being performed in compliance with this Order of Conditions and that approved setbacks are being adhered'to. The erosion control monitor must visually inspect all. sedimentation/erosion control measures and assume responsibility for their maintenance on a weekly basis and that they are functioning as intended. In addition, all wetland resource areas must be visually inspected for siltation,turbidity,and/or other water quality impacts. The Erosion Control Monitor shall be on site during and/or following:a major storm event of 1/2" inch of vain or, greater (24 hour event) to ensure that soils remain stable,and erosion controls are adequate and secure 51.The-applicant and/or the legal owner of that portion of land upon which these Orders of Conditions have been placed shall provide to the NACC prior to transferring,or assigning any portion of said land to another party,subject to said Orders of Conditions,the"Compliance Certification Form Affidavit" attached via "Appendix A" signed under the pains and penalties of perjury,stating that said applicant and/or owner has read these Orders of Conditions and is in compliance with.each and every j condition. This document shall apply to each of the conditions referenced herein and shall be provided to the Conservation Department at least five (5) business days prior to the closing of said land transaction. 52.Once these above mentioned pre-construction requirements are complete,the applicant shall contact the Conservation Office prior to site preparation or construction and shall arrange an on-site conference with an NACC representative, the contractor,the engineer,wetland scientist and the applicant to ensure that all of the Conditions of this Order are understood. This Order shall be included in all construction contracts,subcontracts,and specifications dealing with the work proposed and shall'sup&§ede any conflicting contract requirements. The applicant shall assure that all contractors, subcontractors and other personnel performing the NACC #11 i—S0 koyatCeest Estates.BuildinJ 4§ 6 NACC 1/11/2-013 NACC#142 permittedwork are fully aware of the permit`s terms and conditions. Thereafter, the contractor will be held,jointly liable- for any violation of this Order of Conditions resulting from failure to comply with its conditions. The applicant or con-tractor shall notify the.NACC in writing of the identity of the on-site construction supervisor hired to coordinate construction and!to ensure compliance with this Order. A reasonable period of time shall be provided as notice of the pyre=construct on meeting(e.g. 72 hours). STORWAT R MANAGEMENT CONDIT ONS, 53. All construction and post-construction siormvrater management shall be conducted in accordance with supporting documents submitted with the Notice of Intent,the Department of Enviromenital Protection Stormwater Management Policy and as approved by the NACC in this Order of Conditions. 54. There shall be no increase in the post development discharges from the storm drainage system or any other changes in post development conditions that alter the post development watershed boundaries as currently depicted in the Notice of Intent and approved by this Order of Conditions,unless specifically approved in writing by the Commission. 55. Water quality in down gradient BVW's shall not differ significantly following completion of the project from the pre-development conditions. There shall be no sedimentation into wetlands or water bodies from discharge pipes or surface runoff leaving the site. 56.All stormwater best management practices shall be continually maintained as specified in the Operation and Maintenance Plan(submitted as part of DEP File#242- 1550)and incorporated in the Order of Conditions. The approved Operation& Maintenance flan is ful=ly binding upon the applicant and/or owhe-ts,successors; agents,associations,heirs=and assigns and must be adhered to in perpetuity. Maintenance of the stormwater management systema shall be conducted on an annual basis by a Registered Professional Civil En&ieet. Maintenance bills submitted by cleaning contractors(catch basins,stormcepters,etc.)shall be maintained with annual engineering reports. A log/proof of annual maintenance activities as required by the Operation&Maintenance Plan shall be maintained for not less than the prior 5 year period. The NACC reserves the right to request documentation of maintenance activities for purposes of verification of this Order. 57. The applicants; owners;and their successors and assignees, shall maintain all culverts, collections basins,traps,outlet structures, subsurface storage areas,and.other elements of the drainage system,in order to avoid blockages and siltation which might cause failure of the system and/or detrimental impacts to on-site or off-site resource areas,and shall maintain the integrity of vegetative cover on the site: 14Aff 4112',50 Royal Cast Estate .Building 49 7 NACC 711 U?Q13 58, Upon beginning work,the applicant shallsubmit written weekly progress reports detailing what work has been done in or nearresource areas,and what work is anticipated to be done over the next period.This will update the construction sequence. Reports shall be submitted in as part of the weekly environmental monitoring report(see Condition.#50). 59. Dewatering activities are not proposed as part of the filing. No discharge of water is allowed directly into an area subject to jurisdiction of the Wetlands Protection Act and/or the North Andover Wetland 0ylaw. if emergency de-watering requirements arise, the applicant shall subunit a contingency plan to the Commission for approval, which provides for the pumped water to be contained in a settling basin:,to reduce turbidity prior to discharge into a resource area. 60. Associated pavement and roadways shall be swept at least weekly or as directed by the Erosion Control monitor,the Site Supervisor, Project Manager, or Conservation staff for as long as the site remains exposed and un-stabilized. 61.Any fill used in connection with this project shall be clean fill,containing no trash, refuse;rubbish or debris,including but not limited to lumber;bricks, plaster, wire, lath,paper,cardboard, pipe,titres,ashes,refrigerators, motor vehicles or parts on any of the foregoing. 62:All exposed soil finish grade surfaces shall be immediately landscaped and stabilized, or loamed,-seeded and mulched,with a layer of mulch hay. All disturbed areas must be graded,loarned and seeded prior to November V of each year.Outside of the growing season, exposed soil finish grade surfaces shall be stabilized with a layer of mulch hay until climate conditions allow for seeding. During construction.,any area of exposed soils that will be left idle for more than 30'days shall be stabilized with a layer of mulch hay or either means approved by the NACC. 63. No re-grading in the buffer zone shall have a slope steeper than 2-1 (horizontal: vertical). Slopes of steeper grade shall be rip-rapped to provide permanent stabilization. 64. There shall be no stockpiling of soil or other materials within fifty(50)feet of any resource area. 65. Washings from concrete trucks or surplus concrete,shall not be directed to;any drainage system,or wetland'resource area. If truck washing is to be done on site an area shall be designated and approved by the Conservation Department. NACC#i f 3-�61oyai Cregi f katn s Building 49� f 7/11/22613 N;4CC#112 66. All waste generated by,or associated with, the construction activity shall be contained within the limit of work,and away from any wetland resource area. There shall be no burying of spent construction materials or disposal of waste on the site by any other means. The applicant shall maintain durnpsters(or other suitable means)at the site for the storage and removal of such spent construction materials off-site However,no trash dumpsters will be allowed within 50' of areas subject to protection under the Act or local ByLaw. 67. Accepted engineering and construction standards and procedures shall be followed in the completion of the project. 68. During and after work on.this project,there shall be no discharge or spillage of fuel,or other pollutants into any wetland resource area. If there is a spill or discharge of any pollutant during any phase of construction the NA CC shall be notified by the applicant within one (1)business day. No construction vehicles are to be stored within 100 feet of wetland resource areas,and no vehicle refueling;equipment lubrication,or maintenance is to be clone within 100 feet of a resource area. I R CONSTRUCTION IO 69. No underground sto rage of fief oils shall be allowed on any lot within one-hundred (100) feet of any wetland resource area. This condition shall survive this Order of Conditions and shall run with the title of the property. This condition is issued under the authorityof the Town's Wetland protection ByLaw. 70. Fertilizers utilized for landscaping and lawn care shall be slow release,low-nitrogen types (<5%),and shall not be used within 25 feet of a resource area. Pesticides and herbicides shall not be used within 100 feet of a wetland resource area. This condition shall survive this Order of Conditions and shall run with the title of the property. This condition is issued udder the authority of the gown's Wetland Protection Bylaw and shall remain in perpetuity. 71. There shall be rto dumping of leaves,grass clippings,brush, or other debris into a wetland resource area or within 2-5 feet of a wetland resource area. This condition shall remain in perpetuity 72. Upon completion of construction and grading,all disturbed areas located outside resource areas shall be stabilized permanently against erosion. This shall be done by foaming.and seeding according to NRCS standards. Stabilization will be considered complete once full vegetative cover has been.achieved. 73. Upon approved site stabilization by Conservation staff,the erosion controls shall be removed andproperly disposed of and all exposed unvegetated areas shall be seeded. NACc#T i2:30 Royal Crest'Estates,Bui1`ding 49 0 NIACC 7!1112013 NACC#112 74. Upon.completion of the project the applicant shall submit the following to the Conservation Commission as part of a request for a Certificate of Compliance: a. WPA Form 8A "Request for a Certificate of Compliance.," b. A letter from the applicant requesting a Certificate of Compliance. c. The name and address of the current landowner. d-: Signed statements from the individual property owners shall be submitted with the request for a Certificate of Compliance indicating that they read and understood the recorded.Order of Conditions prior to purchasing their property. e. The name and address of the individual/trust or corporation to whom the compliance:is to be granted. f. The street address and assessor's map/parcel number for the project: & The DEP file number. h. :A, written statement from a Registered Professional Civil Engineer (and/or Registered Professional Land Surveyor) of the Commonwealth certifying that the work has been conducted as shown on the plan(s)and documents referenced above,and as conditioned by the Commission. i, An"As-Built" plan prepared-and signed and stamped by a Registered Professional Civil Engineer(P.E.) (and/or Registered Professional Land Surveyor) of the Commonwealth,for the public record. This plan will Include: "'As-Built" post-development elevations of all drainage&stormwater management structures constructed within 100 feet of any wetland resource area. NOTE: if portions of the storrnwater systems exist partially within the Buffer Zone than the entire structure must be depicted to accurately verify compliance. "As-Built" post:development elevations and grades of all filled or altered wetland resource areas including the encompassing buffer zone which is regulated as a resource area under the local Wetland Protection Bylaw. Distances from structures to wetland resource areas. Structures include (but are not limited to)septic systems,additions,fences,sheds,stone walls; pools,retaining walls, subsurface utilities and decks: a= A line showing the limit of work and the extent of existing erosion control devices. "Work" includes an disturbance of soils or vegetation. Location of all subsurface utilities entering the property. 75.The following special conditions shall survive the issuance of a Certificate of Compliance (COC)for this project: 25' No-Disturbance Zone and a 50' No=-Construction Zone shalt be established from the edge of adjacent wetland resource areas except in those locations approved tinderNACC# 111 Future work withiA 1,00' of existing NACC#112.50 Royal'Crest Estates,Buildink 40 10 7111/261 NACC#112, wetland resource areas will require a separate filing with the NACC(refer to Section 3.4 of the:Regulations for performance standards within these zones) The Conservation Administrator and/or other agents of the NACC do not have the authority to waive these_setbacks as established under the local ByLaw; Stormwater Management System Operations and Maintenance(Condition #56) y Discharge or spillage of pollutants(Condition#68); Prohibition of underground fuels Condition#69 gY'oun ( ), r Limitations on the use of fertilizers; herbicides, and pesticides (Conditions #70) P Prohibition- of dumping of leaves, grass clippings, brush, or other debris (Condition#71) t Oyal crttsa acs,AU1,181-ng 44 �hC 7/11/241= VA, APPENDIX, A-AFFIDAVIT l; on oath do hereby depose and state: (authorized agent applicant and/or current.owner) (PLEASE CHECK AT LWTONE BLOCK) 1._-___. dant the' of (position with applicant) (applicant name or company name) the applicant upon whom Order of Conditions have been placed upon by (DEI'or NACe nuoiber) the North Andover Conservation Commission, or �.. I,am the. —Of (position withc owner) (owner name) the owner upon whose land{girder of Conditions _ have been placed a b; DEI'or NACC number P P X { ) the North Andover Conservation Commission. .3: 1 hereby affirm and acknowledge that 1 have received said Carder of Conditions and have read the lime and understand each (DEP bile#) and every condition which has been set forth in-said.Order of Conditions. I 4. 1 hereby affirm and acknowledge that on this day of, 19 I 'inspected said property together with any and all improvements which have been made to the same and hereby certify that each and every condition set forth in,Order of Conditions are presently in compliance. (IDEM File ) 5. I hereby affirm and acknowledge that this document will be relied upon by the North Andover Conservation Commission as well as any potential-buyers of said property which is subject to said Order of Conditions (DEP File#) Signed under the pains and penalties of perjury this day of ,19 (Sig�:nature-authorized•agent of applicant or owner) NACC#112.50 Royal Crest!'States,BUildtrig 40 11 14AeC'1/1112013 EXHIBIT"C" QUANTITIES, PRICING AND DATA For Contract: 15646-420571 -CP-00004 1.0 SCHEDULE OF VALUES Each Application for Payment pay item shall directly relate to the Schedule of Values defined below. Pay items set forth in the Schedule of Values may be revised only by Change Order("CO's in accordance with the terms of the Contract. Pay Work Description Additional Description Cost Code Amount Item 001 Building 23 Associated 101110 $64,500.00 Waterproofing Work 002 Building 24 Associated 101110 $62,500.00 Waterproofing Work 003 Building 26 Associated 101110 $62,500.00 Waterproofing Work 004 Building 49 Associated 101110 $64,000.00 Waterproofing Work Contract $253,500.00 Sum: 2.0 LIQUIDATED DAMAGES Liquidated damages will be deducted from the total Contract Sum in accordance with the schedule of liquidated damages defined below: Unit of Description Measure Amount Assessed for for the number of days between actual achieved date and Any Milestone Date setforth within the Construction Schedule per da $ 500.00 General Construction Contract Exhibits A,B,C,D and E,2-JAN-12 7 of 9 3.0 UNIT RATE PRICES The pricing of a Change Order may be based on the following Unit Rate Prices. Unit Rate Prices shall include all fees and costs including,but not limited to,labor, material,services,overhead and profit. Pay Unitof Item Unit Rabe Description Measure Unit Rate Price Dewatering rum DY $ 600.00 Concrete Walkway Replacement EA $ 400.00 Excavator and Operator HR $ 125.00 Site Superintendant HR $ 75.00 General Labor HR $ 55.00 Landscaper HR $ 75.00 Par in SF $ 65.00 Asphalt Cut and Patch SF $ 5.00 Compacted 2A Modified Fill CY $ 30.00 3/4"Gravel Fill CY $ 30.00 Ledge Removal HR $ 500.00 Profit Mark-up% LS 10% Overhead Mark-up% LS 10% EXHIBIT"D" CONSTRUCTION SCHEDULE For Contract: 15646-420571 -CP-00004 CONTRACTOR shall perform the Work of this Contract in strict accordance with the following Construction Schedule,subject to any modifications thereto by Change Order in accordance with the Contract: 1.0 GENERAL CONSTRUCTION SCHEDULE Milestone Dates Milestone Description 9/9/13 Commencement Date for Work at 1 st Building 9/16/13 Commencement Date for Work at 2nd Building 9/23/13 Commencement Date for Work at 3rd Building 9/26/13 Completion of 1st Building 10/4/13 Completion of 2nd Building 9/30/13 Commencement Date for Work at 4th Building 10/11/13 Completion of 3rd Building 10/18/13 Completion of 4th Building 10/25/13 Final Completion and Closeout General Construction Contract Exhibits A,B,C,D and E,2-JAN-12 8 of 9 2.0 CPM SCHEDULE OR BAR CHART CONSTRUCTION SCHEDULE If required by this Contract,or if otherwise requested by OWNER,CONTRACTOR shall prepare a Construction Schedule,for OWNER's review and approval, based on and consistent with the General Construction Schedule identified above and any other OWNER requirements,which schedule shall utilize critical path methodology(CPM) with a computerized data base and production program. Upon OWNER's approval,such Construction Schedule shall be attached to this Exhibit and made a part of the Contract. EXHIBIT"E" FORMS For Contract: 15646-420571 -CP-00004 2.0 GENERAL CONTRACTOR shall utilize the forms listed here below and attached hereto as apart of this Exhibit in accordance with the Contract unless otherwise directed by OWNER in writing: Form Title or Description Rev. No. Application for Payment 1/02/12 Release Document—CONTRACTOR's Waiver of Lien 1/02/12 Release Document—CONTRACTOR's Final Waiver of Lien 1/02/12 Release Document—CONTRACTOR's Affidavit 1/02/12 General Construction Contract Exhibits A,B,C,D and E,2-JAN-12 9 of 9 APPLICATION FOR PAYMENT TO: Owner. EN02415-OP Property Mgmt,LLC PROPERTY: Property Name: 42391,Royal Crest Estates(North Andover) Address: 3331 Street Road,Suite 450 Address: 50 Royal Crest Drive City,State ZIP: Bensalem PA 19020 Address: Attn: AIMCO Construction Services AIP City,State ZIP: North Andover,MA 1845 Entity ID(OU): EN10001 FROM: Contractor LVMJ Corporation Project Description:lFoundation WateFOrng and Drainage at 23,24,26,and 49 Address: 65 Howard Street Address: Contract Number. CAPR-15646420571-04 City,State ZIP: Braintree,MA 02184- Vendor ID: 1420571 Attn: Phone Number.(617)719.3902 Application Number. eMall Address:Iv 2Ag@ eid.net Application Date: Period to: Contract Date: 8/30/2013 The following identifies the application that is being requested for payment in The undersigned CONTRACTOR certifies that to the best of CONTRACTOR's knowledge, connection with the contract.Please make sure that items 3,7,8,and 9 on this page information,and belief the Work covered by this Application for Payment has been completed in match the totals of columns E,F,G,and J on page 2. accordance with the Contract Documents,that all amounts have been paid by CONTRACTOR for 1. Original Contract Sum Work for which previous Certificates for Payment were issued and payments received from OWNER,and that current payment shown herein is now due. 2. Net Change by Change Orders: Contractors Name: Date: 3. Contract Sum to Date(add 1 and 2): Signature: 4. Total of Completed Work to Date: 5. Retainage: Architect's Certificate for Payment if needed 6. Total Earned Less Retainage(subtract 5 from 4): In accordancewith the Contract Documents,based on on-site observations and the data comprising this application,Architect certifies to OWNER that to the best of Architect's knowledge,information and belief the Work has progressed as indicated,the quality of the Work is in accordance with the 7. Less Previous Applications for Payment: Contract Documents,and CONTRACTOR is entitled to payment of the amount certified. Architect's Name: *Attach eVanation if the amount certified differs from the amount applied for.Initial ali figures on 8. Current Payment Due(subtract 7 from 6): this Application and on the Continuation Sheet that are changed to conform to the amount certified. 9. Balance to Finish,including Retainage(subtract 6 from 3): Date: Signature: This Certificate is not negotiable.The Amount Certified is payable only to CONTRACTOR named herein.Issuance,payment ! and acceptance of payment are without prejudice to any rghls of OWNER or CONTRACTOR under the cerdrad App5cadon for Payment is Page 1 of 2 Updated:71102006 Owners Initiate: APPLICATION FOR PAYMENT Contractor LVM1 CoWation - Contract Number CAPR-15648420571-04 Location of Project-42391,Royal Crest Estates(Nod Andover) Application Nurnber- 50 Royal Crest Drive Nod Andover,VIA 1845 Application Data: Project Description: Foundation Waterproofing and Drainage at 23,24,26,and 49 Notarized Lion Waiver Yes B ..0 .D• .' E .. F. .G -: ,N_.. 1 °J :. -K 'Original •.T ToW Mrofk Told of - Tool Contract Work Coeoibd ' pay •Centrad or '• Addldoi al Work Tom CampNDed a #Submitted this CompioMd 1i CompNle°t'3etinon to Repinas(s Item' Cllarga Order Work Dncdptibn' OKcdPtio�r liybmated In Work IHr6) F'lnkb(E-to Number "_„.„ _ Order Pddr Pay App(s).. Pay App,,_.. ^,(r 1 Bolding 23 - Associated Waterprooli g 1.0 OdginalContract PC Foundation/Waterproofing-101110 Work $64,500.00 Building 24 Associated Waterproofing 2.0 Original Contract PC Foundation/Waterproofing-101110 Work $SZ5D0.00 Buldrg 26 Associated Waterproofing 3.0 Original Cormact PC Foundation/Wate oofi -101110 Work $82,500.00 Building 49 Associated Waterproofing 4.0 Original Connect PC Foundation r Waterproofing-101110 Work $64.000.001 5.0 6.0 7.0 8.0 9.0 10.0 11.0 12.0 13.0 14.0 15.0 16.0 17.0 18.0 19.0 20.0 Aaanav Tohlsd $21111,600.001 ' :00. $0.001 _ 0.00% Appeaticem.mn nmm�� on r«Poyaem,u %g.2 Pore z m z uc4sree:lnatore o.axs maw Instructions for Usingthe Application for Payment Page 1,-Application 1rni To field:enter the business address Idefied in the contract. i- ftoM.,field:enter yours ompany name and address. = 4 Contract Data Heid:enter the date the contract was signed: Property field.enter the name and address of the prdperty where the work was performed. 6w:Project Description•field:=enter a short description of the work completed. Contract rip 7. mbar fields anter the Contract Number from the contract Application Number field:Select the application dumber from the dropdown.This number should correspond to the number of applications for payment you have submitted for a specific contract, 6. Application Date field:enter the data you intend to sign this application. 9.. Pe fod to field;enter the end date of the.period fo►which you are Involclnd,:. 10.Complete Items 1,2,4,S,aml 7.Items 31 0,S,and.0 will calculate automatically If you are using the electronic forn,if you are using a printed copy,complete all,items as"descnbed in the rows,. Page 2;P6 Detailir ; 1.'All fields Will automatically„populate from page Tifiyou are.uaing the electronic form. If you areusing ei printed copy,,please make sure the information on this page matches the information on page 1. 2. Select"Ortglnal Contract`or theohangeorder number from the column 13 dropdown list S:Select the Work Description identified in the Schedule of Values of the contract. 4. Fill in the amounts for columns D,E,and F(and J,if needed).Columns G,H,I,and the Totals will calculate automatically if you are using the electronic form.If you are using a printed copy,please fill In all amounts and totals as described in the columns. It you need to add rows,click the Add Row button and fill in a new line item number(Column A). 5.:Sign and date the application and return it to,the contact Identified In the contract Note:this form was designed for easy use,when filling out electronically.If you are filling out a printed.version,please ensure that ali,calculations•aie;correct.Uas the woikdescriptions below to ensure that they match the:work descriptions in the Schedule of Viifumin:the contract Application for Paymentxls updated 7/10/2006 page 3 of 3 CONTRACTOR'S WAIVER OF LIEN KNOW ALL MEN BY THESE PRESENTS,That,WHEREAS,the undersigned of L V M J Corporation (hereinafter referred to as"CONTRACTOR")and AIMCO NORTH ANDOVER, L.L.C. (hereinafter referred to as"OWNER") have heretofore entered into a certain written contract dated the covering work to be performed and/or materials to be furnished at the premises located at City of North Andover,State of MA; and WHEREAS, CONTRACTOR has performed work and furnished materials provided for under said contract up to and including the date hereof,and upon supplying lawful waivers of liens, rights of lien,and claims of CONTRACTOR,subcontractor's and materialmen,is entitled to payment from the OWNER the sum of Dollars and Cents($ )under said contact; NOW,THEREFORE, in order to induce the OWNER to make payment of said sum,CONTRACTOR hereby represents that all work performed and materials furnished under said contract up to and including the date hereof, including work and materials, if any, performed or furnished by subcontractor's and materialmen,have been paid for in full;and CONTRACTOR hereby waives any and all liens, rights of lien and claims on or against the premises at the address above given and on any and all structures and buildings located thereon arising under any law of the State wherein said premises are situated and hereby releases and agrees to save harmless OWNER from and against any and all claims for and on account of work performed or materials furnished by or for CONTRACTOR under said CONTRACTOR or otherwise. CONTRACTOR represents that all sales and use taxes if any applicable to any materials furnished by or for the CONTRACTOR have been paid in full. CONTRACTOR further represents that CONTRACTOR has not provided, directly or indirectly,any gift or other items individually or in the aggregate worth more than$25.00 to OWNER or any of its affiliates, parent or subsidiary entities(including without limitation, AIMCO or any of AIMCO's subsidiaries or affiliates),or their employees or any employee's family members. SIGNED this day of ,201_ ATTEST: By: PRINT NAME: TITLE: STATE OF ) )SS COUNTY OF ) On this day of 201_, before me,the undersigned, a Notary Public in and for said County and State, personally appeared the individual who signed the foregoing waiver,being personally known to me, and the execution of same was the free and voluntary act and deed of the CONTRACTOR named and further certified, that if CONTRACTOR is a corporation, it appeared by the officer who signed on its behalf,and such officer to me acknowledged that the execution was by authority duly granted. IN WITNESS WHEREOF, I have hereunto set my hand and affixed by official seal the date and the year last above written. My commission expires: Notary Public in and for 1 of 3 CONTRACTOR'S FINAL WAIVER OF LIEN STATE OF ) )SS COUNTY OF ) TO WHOM IT MAY CONCERN: I The undersigned,for and in consideration of a final payment of Dollars and Cents($ ),and other good and valuable consideration,the receipt whereof is hereby acknowledged, does hereby waive and release any and all lien or claim of,or right to,lien, under the statutes of the State of MA, relating to mechanics liens or their statutory equivalent(regardless of the precise terminology used to describe such rights)with respect to and on the premises known as Royal Crest Estates(North Andover),and located at 50 Royal Crest Drive, North Andover, MA,and the improvements thereon, and on the material,fixtures,apparatus or machinery furnished,and on the moneys,funds or other considerations due or to become due from the OWNER, on account or labor services,material,fixtures, apparatus or machinery,furnished by the undersigned to the extent Of Dollars and Cents($ )for the above-described premises. Additionally, CONTRACTOR represents that CONTRACTOR has not provided,directly or indirectly,any gift or other items individually or in the aggregate worth more than$25.00 to OWNER or any of its affiliates,parent or subsidiary entities(including without limitation,AIMCO or any of AIMCO's subsidiaries or affiliates),or their employees or any employee's family members. By: STATE OF ) )SS. COUNTY OF ) On this day of 201_, before me,the undersigned, a Notary Public in and for said County and State, personally appeared the individual who signed the foregoing waiver, being personally known to me, and the execution of same was the free and voluntary act and deed of the CONTRACTOR named and further certified, that if CONTRACTOR is a corporation, it appeared by the officer who signed on its behalf, and such officer to me acknowledged that the execution was by authority duly granted. IN WITNESS WHEREOF, I have hereunto set my hand and affixed by official seal the date and the year last above written. Notary Public 2of3 CONTRACTOR'S AFFIDAVIT STATE OF ) )SS COUNTY OF ) TO WHOM IT MAY CONCERN: The undersigned, being duly sworn, deposes and says that he is Vinnie Mawn, [title]of L V M J Corporation who was employed by AIMCO NORTH ANDOVER, L.L.C.,to furnish Foundation Waterproofing and Drainage at 23,24,26, and 49 for the premises known as Royal Crest Estates(North Andover), and located at 50 Royal Crest Drive, North Andover, MA. That the total amount of the contract including extras is Dollars and Cents ($ )on which L V M J Corporation[the company]has received payment of Dollars and Cents ($ )prior to this payment. That all waivers are true,correct and genuine and delivered unconditionally and that there is no claim either legal or equitable to defeat the validity of said waivers. That the following are the names of all parties who have fumished material or labor,or both,for said work and all parties having contracts or sub contracts for specific portions of said work or for material entering into the construction thereof and the amount due or to become due to each,and that the items mentioned include all labor and materials required to complete said work according to plans and specifications: NAMES TYPE OF WORK CONTRACT AMOUNT THIS BALANCE PRICE PAID PAYMENT DUE INCUDING EXTRAS $ $ $ $ $ i $ $ $ That there are no other contracts for said work outstanding, and that there is nothing due or to become due to any person for materials, labor or other work of any kind done or to be done upon or in connection with said work other than above stated. That CONTRACTOR has not provided, directly or indirectly, any gift or other items individually or in the aggregate worth more than $25.00 to OWNER or any of its affiliates, parent or subsidiary entities (including without limitation, AIMCO or any of AIMCO's subsidiaries or affiliates), or their employees or any employee's family members. By: STATE OF ) )SS. COUNTY OF ) On this day of 201_, before me,the undersigned, a Notary Public in and for said County and State, personally appeared the individual who signed the foregoing waiver, being personally known to me, and the execution of same was the free and voluntary act and deed of the CONTRACTOR named and further certified, that if CONTRACTOR is a corporation, it appeared by the officer who signed on its behalf, and such officer to me acknowledged that the execution was by authority duly granted. IN WITNESS WHEREOF, I have hereunto set my hand and affixed by official seal the date and the year last above written. Notary Public 3of3 I I CONTRACT REQUIREMENTS CERTIFICATES OF INSURANCE DIRECTIONS FOR CERTIFICATES OF INSURANCE REQUIREMENTS The sections below provide explanations and directions that correspond to the sections on the Insurance Certificate to be provided by CONTRACTOR to OWNER. 1 This is the date the Certificate of Insurance was typed. I 2 This is the name and address of the agent or broker who placed the insurance coverage for CONTRACTOR. S This is the name and address of CONTRACTOR. The name of CONTRACTOR must be the same as CONTRACTOR named in the Contract. LVMJ Corporation 65 Howard Street, Braintree,MA 02184- 4 This is the name(s) of the insurance companies providing the insurance. Insurance shall be placed with insurers which have an A.M. Bests rating of A-or higher and financial size category of VII or higher. S Letter designation will indicate which insurance company is providing insurance coverage from the list of insurance companies under Companies Affording Coverage. 6 Type of Insurance identifies the specific insurance being provided. Commercial General Liability is the insurance generally available to CONTRACTOR and required under insurance provisions of the Contract including: • Premises and Operations • Products and Completed Operations • Contractual Liability • Broad Form Property Damage • Explosion,Collapse and Underground Hazards • Personal Injury Liability CONTRACTOR shall maintain limits of liability of at least: Contract Value <$5M >$5M A)Commercial General Liability policy form: $1,000,000 each occurrence bodily injury and property damage, X X $1,000,000 personal and advertising injury, X X $2,000,000 products and completed operations aggregate, X X $2,000,000 general aggregate. X X B)Excess Liability(Umbrella Coverage) $4,000,000 each occurrence X $4,000,000 annual aggregate X GC,Mid Range and Long Form,Directions for Certificates of Insurance,8-Dec-06 Page 1 of 5 CONTRACT REQUIREMENTS CERTIFICATES OF INSURANCE C)Automobile Liability: $1,000,000 combined single limit per accident, bodily injury&property damage. X X D)Workers Compensation: Coverage as required by law. X X E)Employer's liability: $500,000 bodily injury by accident X X $500,000 Disease-Each Employee X X $500,000 Disease Aggregate X X If the Contract Sum exceeds $1,000,000 for Mid Range or $5,000,000 for Long form Contracts respectively, the limits of liability for the Commercial General Liability policy(both occurrence and aggregate) shall be no less than an amount equivalent to the Contract Sum up to a maximum limit of liability (both occurrence and aggregate) of $10,000,000. 7 This is the policy number of the insurance policy provided by CONTRACTOR. 8 The policy effective date must be effective on or before the contract inception date. 9 The policy expiration date must expire on or after the Final Completion date. The Final Completion date Is defined In the Construction Schedule of the contract. If the expiration date is before the Final Completion date, OWNER will monitor to insure receipt of renewal certificates. If CONTRACTOR fails to provide a renewal certificate, access to any jobsite may be withdrawn. No claims for delay or associated costs will be approved by OWNER in the event of any denial of access to any jobsite. 10 OWNER's special request items: A) Reference the Property Name (Royal Crest Estates (North Andover)) & Contract number(CAPR-15646-420571-04)indicated on the contract. B) Insert,verbatim,the following Additional Insureds statement: "Coverage includes OWNER as Additional Insureds." 11 The certificate holder is OWNER, which requested the Certificate of Insurance from CONTRACTOR, not any individual person of OWNER. 12 The Certificate of Insurance must be signed to be valid. It can be signed by the agent,the broker, or the insurance company. OWNER will verify that the types of insurance and the limits of coverage being provided are consistent i With the contract requirements. Approval of CONTRACTOR's Insurance Certificate will be subject to this verification. Original Certificate(s)of Insurance must be mailed to: Tracey Warner Contracts Administrator Two Greenwood Square,3331 Street Road,Suite 450 Bensalem,PA 19020- GC,Mid Range and Long Form,Directions for Certificates of Insurance,&Dec 06 Page 2 of 5 I CONTRACT REQUIREMENTS CERTIFICATES OF INSURANCE PLEASE NOTE: The coverage limits above are guidelines intended to provide Contractors general insurance coverage limits that AIMCO requires. Contractors must review each contract and provide insurance coverage and certificates for the amounts required by each contract. GC,Mid Range and Long Form,Directions for Certificates of Insurance,8-Dec-06 Page 3 of 5 CERTIFICATE OF INSURANCE EXAMPLE ISSUE DATE(MWDDNY) 1 PRODUCER 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 [Insert Name and Address of CONTRACTOR'S Agent or COVERAGE AFFORDED BY THE POLICIES LISTED BELOW. Broker] COMPANIES AFFORDING COVERAGE Z COMPANY A LETTER COMPANY B LETTER INSURED pnsert CONTRACTOR'S Name and Address] COMPANY C LVMJ Corporation LETTER 65 Howard Street Braintree,MA 02184 COMPANY D LETTER 3 COMPANY E LETTER COVERAGES 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 AGREEMENT 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 MAY HAVE BEEN REDUCED BY PAID CLAIMS. COMPANYPOLICY EFFECTNE POLICY EXPIRATION LETTER TYPE OF INSURANCE POLICY NUMBER DATE MM DATE MM LIMITS IN THOUSANDS �. GENERAL LIABILITY ' $ 9 GENERAL AGGREGATE $ X COMMERCIAL GENERAL LIABILITY PRODUCTS-COMP/OPS AGG. $ CLAIMS MADE I X I OCCUR PERSONAL&ADV.INJURY $ OWNER'S&OWNER'S PROT. EACH OCCURRENCE $ X XCULovera a FIRE DAMAGE OM one fire $ AUTOMOBILE LIABILITY MEDICAL EXPENSE oneperson) $ COMBINED SINGLE $ LIMIT X ANY AUTO ALL OWNED AUTOS BODILY INJURY $ 6 SCHEDULED AUTOS (Per person) HIRED AUTOS BODILY INJURY $ (Per accident) NON-0WNED AUTOS GARAGE LIABILITY PROPERTY DAMAGE $ X JAUTOMOBILE CONTRACTUAL UABILITY EXCESS LWBILITY EACH OCCURRENCE $ UMBRELLA FORM AGGREGATE $ OTHER THAN UMBRELLA FORM - WORKER.'S COMPENSATION STATUTORY LIMITS AND EMPLOYERS'LIABILITY (EACHACCIDENT) $ DISEASE—POLICY UMI $ DISEASE-SACH EMPLOY $ OTHER DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/SPECIAL ITEMS Property Name:Royal Crest Estates(North Andover) Contract No.:CAPR-15646-420571-04 a) Insert`Coverage includes OWNER as Additional Insureds.'as expressly nominated under the insurance provisions of the Contract] b) (Insert`See Attachment"if attachment to Certificate provided for Additional Insureds,and use ISO form CG201011185,GC2037 or equivalent] 10 CERTIFICATE HOLDER (Insert Name and Address of OWNER] CANCELLATION AIMCO North Andover, L.L.C., EN02415-OP Property Mgmt, LLC, and SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED,TERMINATED AIMCO OR MATERIALLY ALTERED BEFORE THE EXPIRATION DATE THEREOF,THE ISSUING 639 Granite Street COMPANY WILL MAIL 30 CALENDAR DAYS WRITTEN NOTICE TO THE CERTIFICATE Suite 312 HOLDER. Braintree,MA 02184- [OWNER does not include the name Of any individual]. AUTHORIZED REPRESENTATIVE 12 1 GC,Mid Range and Long Form,Directions for Certificates of Insurance,8-Dec-06 Page 4 of 5