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2 RIVER ST - BUILDING INSPECTION r The Commonwealth of Massachusetts (OWNQ Board of Building Regulations and Standards OF SALEM UA Massachusetts State Building Code, 780 CMR, 7a' edition Revised January Building Permit Application To Construct, Repair, Renovate Or Demolish aRECEIVER 2008 - Ss I One- or Two-Family Dwelling INSPECTt NAL SERVICES This Section For Official Use Only Building Permit Number: Date Applied: Signature: 5,Z3`I Banding Cor tmsst�r' . lnspector of Buildings Date SECTION 1: SITE INFORMATION 1.1 Property Address: 1.2 Assessors Map& Parcel Numbers a 1'Z ; Jer 'S+ 1.1 a is this an accepted street?yes no Map Number Parcel Number 1.3 Zoning Information: 1.4 Property Dimensions: Zoning District Proposed Use Lot Area(sq ft) Frontage(ft) 1.5 Building Setbacks(ft) Front Yard Side Yards Rear Yard Required Provided Required Provided Required Provided 1.6 Water Supply. (M.G.L c.40,§54) 1.7 Flood Zone Information: 1.8 Sewage Disposal System: Zone: Outside Flood Zone? Public❑ Private❑ — Municipal ❑ On site disposal system ❑ Check if yes❑ SECTION 2: PROPERTY OWNERSHIP' I 2A Owner'of Record: 2 , c1-,ctir- c9 Lo e- V- e r St 1 Name(Print) Address for Service: Signature Telephone SECTION 3: DESCRIPTION OF PROPOSED WORK2(check all that apply) New Construction ❑ Existing Building ❑ Owner-Occupied ❑ Repairs{s) Alteration(s) ❑ Addition ❑' Demolition ❑ 1 Accessory Bldg. ❑ Number of Units Other ❑ Specify: Brief Descriptionof Proposed WorkZ:1���/,yam,,., y_o%�y j Tie—A��2FY�✓v_�: SECTION 4: ESTIMATED CONSTRUCTION COSTS Item Estimated Costs: Official Use Only Labor and Materials I.Building $ ' I. Building Permit Fee:S___,__Indicate how fee is determined: �� vJ ❑Standard City1rown Application Fee 2.Electrical $ ❑Total Project Costa (Item 6)x multiplier x p 3.Plumbing $ 2. Other Fees: $ 4. Mechanical (HVAC) $ List:_ 5.Mechanical (Fire $ Suppression) Total All Fees: Check No. Check Amount: Cash Amount 6jTotal Project Cost: $�;3 y d 0 ❑Paid in Full 0 Outstanding Balance Due: ��w SECTION 5: CONSTRUCTION SERVICES 5S Licensed Construction Supervisor(CSL) _ t53 (oIS 2 - 13 - 15 �J 011 r.�Q. Is l-) License Number Expiration Date Name of CSL-Holder c - List CSL Type(see below) U -- T Description Address U Unrestricted(up to 35.000 Cu.Ft.) Signature R Restricted 1&2 Family Dwell in S7� -7 y - 1 CO M Masonry Only RC Residential Roofing Covering Telephone WS Residential Window and Siding SF Residential Solid Fuel BurningAppliance Installation. ll Residential Demolition 5.2 Registered Home Improvement Contractor(HIC) I U R 12�' _TTo n t��a-1 S t HIC Company Name or HIC Registrant Name Registration Number Address L -) -J44- i Ob ,l_ Expiration Date Signature - Telephone SECTION 6:WORKERS' COMPENSATION INSURANCE AFFIDAVIT(M.G.L.c. 152, § 25C(6)) Workers Compensation Insurance affidavit must be completed and submitted with this application. Failure to provide this affidavit will result in the denial of the Issuance of the building permit. Signed Affidavit Attached? Yes ..........❑ No -.........❑ SECTION 7a: OWNER AUTHORIZATION TO BE COMPLETED WHEN .ONVNER'S AGENT OR CONTRACTOR APPLIES FOR BUILDING PERMIT 1, f l C'AAA-D A• U A t O` , as Owner of the subject property hereby " t authorize J o t, , L aDoJ S�, to act on my behalf,in all matters } relative to work authorized by this building permit application. Si nature of Owner Date SECTION 7b: OWNEW OR AUTHORIZED AGENT DECLARATION 1= as Owner or Authorized Agent hereby declare that the statements and information on the foregoing application are true and accurate,to the best of my knowledge and behalf. Print Name 1 jSignature o wrier or Authorized Agent - Date (Signed under the ains and enahies of perjury) NOTES: Y 1. An Owner who obtains a building permit to do his/her own work,or an owner who hires an unregistered contractor (not registered in the Home Improvement Contractor(HIC)Program),will not have access to the arbitration program or guaranty fund under M.G.L.c. 142A.Other important information on the HIC Program and Construction Supervisor Licensing(CSL)can be found in 780 CMR Regulations 110.R6 and 110.R5,respectively. 2. When substantial work is planned,provide the information below: Total floors area(Sq. Ft.) (including garage, finished basement/attics,decks or porch) Gross living area(Sq.Ft.) Habitable room count Number of fireplaces Number of bedrooms Number of bathrooms Number of half/baths f Type of heating system Number of decks/porches Type of cooling system Enclosed Open 0 3. "Total Project Square Footage"may be substituted for"Total Project Cost" CITY OF S.EM, NAXSSACHUSETTS x" BLIWINt GDEPAR:rNE'vT 3 tr< 130 WASHINGTON STREET, 3fa FLOOR TEL (978) 745-9595 F.u.K(978) 7 0-9846 cr'\fBER.LEY DRISCOLL i•LAYOR Tm%us ST.P1 w DIRECTOR Workers' Compensation Insurance Affidavit: Builders/Contractors/Electricians/Plumbers Amilicant information Please Print Leaihly Na111C(llusirxs�C)cganizatiorvindividual): Address: "a2S2G��Gt- CityiStatc/Zip: S C` O, A ICaM Pitons M: Cl -2 --7 t{y— 100 Are you an employer?Check the appropriate boa 'rype of project(required): 1.Sd 1 am a employer with 4. 0 1 am a general contractor and 1 6. Q New construction employees(full and/or part-time),*, have hired the sub-contractors 2.0 1 am a sole proprietor or partner- listed on the attached sheet: 7• ❑ Remodeling ship and have no employees Theca sub-contractors have 11. []Demolition working for me in any capacity. workers'comp, insurance, 9, ®Building addition (No workers'comp,insurance 5. ❑ We are a corporation and its required.) officers have exerrised their 10.0 Electrical repairs or additions 3.© 1 om a homeowner doing all work right of exemption per MGL 11.(:] Plumbing repairs or additions myself.(No workers'comp. c. t52, §1(4),and we have no 12-C] Roof repairs insurance required.)t employees.wo workers' comp. insurance required.) 13 Other •Any appfiumt floc clacks box at mart also frll out the section Maw.chowing their workers'compensanion policy infumatian. r I htmaawm w who ruhmit this aftldavit indicating they anti doing all wark aid than hire outside contractors aut submit a new affdavil indicuing such. =Cnmracton shot chs�k this bnt must attub�ors aWiturul shsxz showing the narnc of tho rubeentraaan and their workun'comp.policy information, [am an employer that is providiu,4 workers'compensarlan insurance for my employees Below is the poilcy gird job slur infortnrariom Insurance Company Name: Policy it or Scif ins. Liu.th W C S 3 I Stop 3�nr D i y Expiration Date.___(,, Job Site Address:-1. Q, t) e t- St City/State/Zip _, Pivr m A CJ IQ d Attach a copy of the workers'compensation pulley declaration page(showing the policy number and expiration date ;ethos to secure coverage as required under Section 25A of i tGL c. 152 can lead to the imposition of eriminal penalties of a tine up to 51,500.00 untVor one•year imprisonment,as tvcII as civil penalties in the form of a STOP WORK ORDER and a fine of up to 52M.00 a day against the violator. Ile advised that a copy of this statement may be forwarded to the Office of Investigations of the DIA For insurance coverage verification. l du hereby certify ender the pales and penalties of perjury drat the is jormudou provided ubove is true and correct. iicaatu xc Date: Phtinc is Ojjicial use only. Do our sprite iu this area,to be completed by city or town njjiciat I City oe`rd%vns PcrmidLlcc nse# —""'_ I Issuing Authority(circle one)- ---- 1. Ilourd of health 2. Iluftding 1)epartntent 3.Cilylrown Clerk S. Electrical inspector 5. Plantbing Impeeror 6.Other i Contact Person:_ Phone;{: DATE(kt=nfYYYY) '`� CERTIFICATE OP LIABILITY INSURANCE. ti11o/2014 THIS`CER7IFICATE IS IS$UEO'A$A MATTER OF INFORMATION ONLY AND CONFERS NQ RIGHTS UPON THECERTBTCATE:HOLDER.'THIS CERTIFICATE DOES NOT AFFIRMATIVELY:OR NEGATIVELY AMEND_EXTEND OR ALTER THE-COVERAGE:AFFORDED':BV THE POLICIES BELOW. THIS CERTFICATE'OF INSURANICE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORZEtl REPRESENTATIVE OR PRODUCER AND THE CERTIFICATE HOLDER. j IMPORTANT: If dw cerB6ca[e-holder Is an A13DMONAL INSURED,tho PolicyBes)must be aclomed..,.,B SUBROGATION IS WAIHED,cubjeat to lha:lemxt arM ceriditlorla M pOlicy,cermin pODciae may i"ulre an embraomerR A aretamem on ihW corer cats dose not confer fights to the certl0cate hWdeq In Iron OF such endoraemerlt(s). NWNIAQr AME JplT.n V. Zannl.np insurance Agency PIaOcNE . g7g=531-5757 A!C No:978-531-5142 16i Foster Street; E•Maa ADDRESS: - _ `Peabody, MA, 01960 -, .: aeuaoge,Arraauao eovraAoe- xuc� INSURER A:IN6iIC: NsuREO THE CHII IEY' COMPANY IN B.LiH$RTy. MUTUM INSURANCE 52 ORCHARD ST NsuiERc: SMEM, MA 01970 NsuREF D: 978.7441001 INSURER COVERAGES " CERTIFICATE NUMBER: -%REVISION;NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE.LISTED BELOW HAVE BEEN IS3 TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INgICATED. NOTWfTF137ANDING ANY REQUIREMENT,TERM OR CONDTOON OF ANY.CONTRACT-OR OTHER DOCUMENT WITH.RESPECT.TO WHICH THIS- :CERTTFICATE MAY BE"ISSUED;OR MAY PERTAIN, THE INSURANCE AFFORDED BY"THE POLICIES:DESCRBED HEREIN LS SUBJECT TOALL THE TERMS, 1 IXCLU310N5 ANO CONDRX)NSOF SUCH POLICIES.UMf15 SHOWN MAY HAVE BEEN REDUCEq BY PAID CLADAS...: 1 L1aa i- `TYPE OF INSUMMGE ` rxao vVVU POUCV NUM3ER :. LIMITG, ][ caorakcuL'aMatRrexAL rrneuirt .. EACH OCWRRFJJCE '..S 1 OOO `OOO DIAILASMADE ®OCCUR PREMISES EabCCUrtenca $ 50 000 A NPPO¢4325QC14 06/04/14.06/04/15 °�(ATn O"Bp - '$ 2 000 PERsoruLAaovINJURY c $ 1,000;;000 GENT AGGREGATE LIMB APPLIES PER: GENERAL AGGREGATE S 2 -000 OOO POLICY JE "�.Loc PRO DUCTS-cGMProPAGc s 1,000 OTHER t$ ! UTOMOBILE LNBILRY ! - Ea acadmt 3 ANYAUTO - BODILY INJURY(Perposseaa) s JA ALL OWNED. SCHEDULED 'AUTOS BODILY IMURY(PW ecdNONdenl) $ HIRED AUTOS .AUTOWNED P auros Pe acaaenl $ $ 99 IR.IBRELIA'LUB OCCUR EACH OCCURRENCE $ ' F�(CE55-tAAB 'CLAIMSMADE AGGREGATE ¢ } bED RETENTIONS'. :5 ONL AND EMPLOYERS:WIBNSAI ILTIY STATITE: ER B OAW WjDtpMW8aERocL�a�cur"E YN❑" NIA IiTCS31S605309014 :06/05/14-D6/D5/16 ELFACHACCDENr s 1,000/000 tty l �dg EL DISEASE<EA EMPLO s 1,000-,000 DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY UNR $ 1 000 OOO DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101;AdditoM Remarks SdmdLde.mey be aaamed d rlmra space is*p d) I CERTIFICATES HOLDER CANCELLATION SHOULD ANY OF-THE ABOVE DESCRIBED POLICIES BE CANCRIED BEFORE I - THE EXPIRATION DATE :THEREOF, `iNMCE WILL:;`BE -'DELIVERED IN j ACCORDANCE WITH THE POLICY PROVISIONS. { A71M TNE . ©19W2014 ACORD CORPORATION. AltdghIs reserved. ACOR025(2014/01j The ACORD"Dame artd logD are registered In of ACORD JOWL mr Massachusetts -Department of Public Safety Board of Building Regulations and Standards Cbn+truclinn Supeni%nr License: CS-083615 Jom WALSH 52 ORCHARD ST.r. SALEMMA 019701t,t,/J�, ee- Expiration Commissioner 02/13/2015 .___ ✓�c�'iuurc�iurico/(/r r/.^_/�fri;or�rur.0,_ Ottice er Caasamer Affairs&Business Regulation OR ME IMPROVEMENT CONTRACTOR _ Registration: 148428 T � Piratlon: 927/2015. DBA Type: ... THE CHIMNEY COMPANY JOHN WALSH 52 ORCHARD ST SALEM,MA 01970 g Undersecretary ,CO T Salem Historical Commission 120 WASHINGTON STREET,SALEM,MASSACHUSETTS 01970 (978)619-5685 FAX(978)740-0404 CERTIFICATE OF APPROPRIATENESS It is hereby certified that the Salem Historical Commission has determined that the proposed: ❑ Construction ❑ Moving ❑ Reconstruction a Alteration ❑ Demolition ❑ Painting ❑ Signage ❑ Other work as described below will be appropriate to the preservation of said Historic District, as per the requirements set forth in the Historic District's Act (M.G.L. Ch. 40C) and the Salem Historic Districts Ordinance. District: McIntire Address of Property:2 River Street Name of Record Owner: Richard Luecke &Perry McIntosh Description of Work Proposed: Install a chimney cap on the northern chimney, design to match the example submitted on 712114, color to be flat black. Dated: July 3, 2014 SALEM HISTORICAL COMMISSION By L The homeowner has the option not to commence the work(unl sit relates to resolving an outstanding violation). All work commenced must be completed within one year from this date unless otherwise indicated. THIS IS NOT A BUILDING PERMIT. Please be sure to obtain the appropriate permits from the Inspector of Buildings (or any other necessary permits or approvals)prior to commencing work. CO v r ' � t Salem Historical Commission 120 WASHINGTON STREET,SALEM,MASSACHUSETTS 01970 (978)619-5685 FAX(978)740-0404 CERTIFICATE OF NON-APPLICABILITY It is hereby certified that the Salem Historical Commission has determined that the proposed: ❑ Construction ❑ Moving 0 Reconstruction 0 Alteration ❑ Demolition ❑ Painting ❑ Signage 0 Other Work as described below does not involve an exterior architectural feature or involves a feature covered by the exemptions or limitations set forth in the Historic District's Act (M.G.L. Ch. 40C) and the Salem Historic Districts Ordinance. District: McIntire Address of Property: 2 River Street Name of Record Owner: Richard Luecke & Pe,,,, McIntosh Description of Work Proposed: 1. Reroof with 3-tab asphalt shingles in the color "sea green. " 2. Repair and replace the slate shingles on top roof. 3. Install a second downspout to the back addition gutter. 4. Rebuild and repoint chimney, as necessary. Non-applicability due to work being in-kind repair or not visible from the public way. There will be no change to the design, color, or material type. Dated: July 3, 2014 SALEM HISTORICAL COMMISSION By: The homeowner has the option not to commence the work (unless it relates to resolving an outstanding violation). All work commenced must be completed within one year from this date unless otherwise indicated. THIS IS NOT A BUILDING PERMIT. Please be sure to obtain the appropriate permits from the Inspector of Buildings (or any other necessary permits or approvals)prior to commencing work. AGREEMENT FOR RENOVATION Please read this Agreement and make sure you understand it before signing. This is a legally binding contract. NOTICE: All home improvement contractors and subcontractors engaged in home improvement contracting,unless specifically exempt from registration by provisions of Massachusetts General Laws Chapter 142A,must be registered with the Commonwealth of Massachusetts. You may make inquiries regarding registration and status by contacting the Director, Home Improvement Contract Registration, One Ashburton Place, Room 1301, Boston, MA 02108, (617) 727-8598. The registration number of The Chimney Company is HIC Reg.No. 148428. This Agreement is made on June 12,2014 by and between The Chimney Company,of 52 Orchard Street, Salem Massachusetts 01970(hereinafter referred to as the"Contractor")and Richard Luecke,2 River Street,Salem, MA,(hereinafter referred to as the"Owner"). In consideration of the mutual promises and covenants contained herein,the Contractor and the Owner hereby agree as follows: 1. DETAILED DESCRIPTION OF THE WORK TO BE PERFORMED The Contractor agrees to perform certain restoration,construction,alteration and/or repair work(referred to as the"Work")in accordance with this Agreement and any specifications attached hereto in a good and workmanlike manner. The Work to be performed by the Contractor is as follows: SEE ATTACHED PROPOSAL. The above Work shall be completed on the property known and located at 2 River Street, Salem,MA. The Owners represent and warrant that they are the Owners of such property and accordingly,that they have the authority to enter into this Agreement. 2. DETAILED DESCRIPTION OF THE MATERIALS TO BE USED The materials to he used in performing the above described Work shall consist of the following: SEE ATTACHED PROPOSAL The Contractor warrants that the materials and equipment furnished under this Agreement and as set forth above will be of good quality and new unless otherwise required or permitted under this Agreement. 3. COMMENCEMENT AND COMPLETION OF WORK The Contractor will begin the Work the in August,2014,weather permitting and complete the Work approximately 21 business days after commencement of Work.The Owner will be notified about the exact date by July 31,2014.The Owner hereby acknowledges and agrees that the scheduling dates are approximate and that delays that are unavoidable by the Contractor,such as delays caused by Change Orders,inclement weather or other reasonable cause(s),shall not be considered a violation of this Agreement. In no event shall the Contractor begin the Work and order the materials called for by this Agreement before the fourth business day following the signing of this Agreement because of the Owner's right to cancel as set forth in Paragraph 17 of this Agreement. 4. PAYMENT SCHEDULE AND PAYMENT TERMS The Owner shall pay the Contractor for the performance of the Work called for by this Agreement,subject to additions or deletions subsequently agreed to by a Change Order executed by both the Owner and the Contractor, the sum of$10,300.00. The Owner shall make payments on account of the total price as follows: Deposit due upon signing of this agreement $3,433.00 Final payment due upon job completion $6,867.00 Total $10,300.00 Final payment as set forth above shall not be required or demanded by the Contractor until the Owner agrees that the work to be performed pursuant to this Agreement is completed to satisfaction. The Contractor may not require payments to be made in advance of the times specified above for the reason that he deems himself or the payments insecure. If,however,the Contractor deems himself to be insecure, the Contractor may,as a condition to continuing the Work called for by this Agreement,demand that the balance of the payments under this Agreement be placed in a joint escrow account that requires the signature of both the Contractor and the Owner for withdrawal. If the Contractor deems himself insecure with regard to future payments, the Contractor shall send written notice to the Owner demanding the establishment of ajoint escrow account and the Owner shall thereafter take any and all steps required to establish such escrow account within five(5)business days of the Owner's receipt of such written notice from the Contractor. If the Owner wishes to terminate this Agreement after the rescission period has expired,but before the Contractor has begun the Work described in this Agreement,the Owner hereby agrees to forfeit the First Payment of $3,433.00(hereinafter called the"Deposit")made hereunder by the Owner which Deposit shall be retained by the Contractor as liquidated damages. The Owner and the Contractor hereby agree that the Deposit hereunder is a reasonable forecast of the Contractor's losses that would result if the Owner were to decide,after the rescission period has expired but before the Contractor has begun the Work obligations under this Agreement;which losses could result from the Contractor's lost business opportunities and/or inability to resell or reuse materials purchased in anticipation of undertaking the Work described in this Agreement,and/or losses due to any number of presently undeterminable factors. 5. PERMITS AND LICENSES The Contractor shall apply for and obtain all necessary permits and licenses required from any State or Local authority or agency,including but not limited to all building and construction permits. The Contractor shall not he responsible for any delays in the commencement or the completion of the work called for by this Agreement due to the delay by any regulatory,permit granting or inspectional agency,authority or individual in issuing or signing off on any permits or licenses. NOTICE: If the Owner obtains his/her own construction related permits for the Work described and called for by this Agreement or deals with unregistered contractors,the Owner is hereby advised that in the - event of a dispute,judgment and nonpayment of the Contractor,the Owner will not be entitled to make a claim to or collect from the guaranty fund established by M.G.L.c.142A. 6. CHANGE ORDERS; ADDITIONAL WORK 2 This Agreement,including the cost for completion of the work as set forth in Paragraph 4 of this Agreement,is based solely on the observations the Contractor was able to make with the structure in its current condition at the time this Agreement was executed. The Owner acknowledges and agrees that in certain remodeling work,the demolition of portions of the preexisting structure may reveal additional defects,conditions or the need for additional work which must be repaired,altered or carried out in order to commence or to complete the work described under this Agreement. In such case,the Owner acknowledges and agrees that the price and the scheduled date of commencement and/or completion may differ from the price and date of commencement or completion of the Work stated in this Agreement. Further,the Owner acknowledges and agrees that such variation shall not be considered to be a violation of this Agreement. If additional defects,conditions or the need for additional work is discovered once the work has commenced,the Contractor will stop work and will point out these unforeseen defects,conditions or the need for additional work to the Owner so that the Owner and the Contractor can review the work which must be done to remedy or complete these unforeseen defects or conditions. Before Work will start again, the Owner and the Contractor shall agree as to any additional costs for such work and the length of any delay in the completion date as a result of the same. Once the scope,cost and time to complete such additional work is determined,the Owner and the Contractor shall execute a Change Order indicating the additional work to be done,the cost for the same and the length or delay in completion associated with the same. The Owner may order changes in the Work to be completed pursuant to this Agreement. If the Contractor agrees to perform such additional work,a Change Order will be executed by both the Contractor and the Owner setting forth the cost of such change with deposit required and any delay in completion of the work called for by this Agreement as a result of such change. Any alteration or deviation from the Work to be completed pursuant to this Agreement involving extra costs of materials or labor will be commenced only upon execution of a written Change Order executed by both the Owner and the Contractor. No variations,alterations,deviations,deletions or extra work can be or will be made unless both the Owner and the Contractor specifically agree in writing. 7. PAYMENT OF CHANGE ORDERS AND FOR ADDITIONAL WORK Payment for the work called for by each Change Order shall be due upon completion of the work set forth or required by the Change Order and upon the submission to the Owner by the Contractor of notice of completion and request for payment of the amounts set forth in the Change Order. 8. WARRANTY The Contractor shall and hereby provides a limited warranty on all Contractor and Subcontractor supplied labor and materials used in the completion of the work called for by this Agreement for a period of two years following completion of all work. No warranty is provided by Contractor on any materials furnished by the Owner for installation. No warranty is provided on any existing materials,including but not limited to,those that are moved and/or reinstalled by the Contractor within the dwelling(including any warranty that existing/used materials will not be damaged during the removal and installation process). One year after substantial completion of the project,the Owner's sole remedy(for materials and labor)on all materials that are covered by a manufacturers'warranty is strictly with the manufacturer,not with the Contractor. 3 Repair of the following items is specifically EXCLUDED from Contractor's warranty: damages resulting from lack of Owner maintenance,damages resulting from Owner abuse or ordinary wear and tear,deviations that arise such as the minor cracking of concrete,stucco and plaster,minor stress fractures in drywall due to the curing of lumber, warping and deflection of wood,shrinking/cracking of grouts and caulking and fading of paints and finishes exposed to sunlight. All warranties for equipment supplied by the Contractor under this Agreement shall be those given by the manufacturers of such equipment,which shall be and are hereby passed through directly to the Owner. Under such manufacturer warranties,the Owner may be required to register or mail in a warranty card or other evidence of ownership and use of such equipment in order to activate such warranties. The Owners failure to mail in or register such documentation,which failure voids the manufacturer's warranty,shall not create any responsibility for the Contractor to warranty such equipment. 9. WORK STOPPAGE,TERMINATION OF CONTRACT FOR DEFAULT The Contractor shall have the right to stop all work called for by this Agreement and has the right to keep the project idle if payments are not made to the Contractor in accordance with the Payment Schedule set forth in Paragraph 4 in this Agreement,if payments are not made to the Contractor pursuant to a Change Order as set forth in Paragraph 7 of this Agreement, or if Owner repeatedly fails or refuses to furnish the Contractor with access to the job site and/or product selections or information necessary to complete the Contractor's work. The Contractor may stop work and terminate this Agreement if the Owner fails to pay the Contractor any sum due pursuant to this Agreement within 3 days after the date fixed for payment. If work is stopped due to any of the above reasons(or for any other material breach of contract by Owner) and Owner has failed to take any significant steps to cure his/her default,then Contractor may,without prejudicing any other remedies the Contractor may have,give written notice of termination of the Agreement to Owner and demand payment for all completed work and materials ordered through the date of work stoppage,and any other loss sustained by Contractor,including Contractor's profit and overhead on the balance of the incomplete Work under this Agreement. Thereafter,Contractor is relieved from all other contractual duties,including all Punch List and Warranty work. 10. INSURANCE The Contractor shall purchase and maintain insurance for the protection from claims under worker's compensation acts,claims for damages because of bodily injury and from claims for damages to the property which arise or are the result of the Contractor's work. The Owner shall be responsible for purchasing and maintaining the Owner's usual liability insurance and may purchase and maintain other insurance against claims which may arise from the work to be performed under this Agreement. 4 11. RESOLUTION OF DISPUTES THE CONTRACTOR AND THE OWNER HEREBY MUTUALLY AGREE IN ADVANCE THAT IN THE EVENT THE CONTRACTOR HAS A DISPUTE CONCERNING THIS CONTRACT,THAT THE CONTRACTOR MAY SUBMIT SUCH DISPUTE TO A PRIVATE ARBITRATION SERVICE WHICH HAS BEEN APPROVED BY THE SECRETARY OF THE EXECUTIVE OFFICE OF CONSUMER AFFAIRS AND BUSINESS REGULATIONS AND THE OWNER SHALL BE REQUIRED TO SUBMIT TO SUCH ARBITRATION AS PROVIDED IN M.G.L.c. 142A The Chimney Company Richard Luecke By its Representative, John Walsh 52 Orchard Street Salem,MA 01970 HIC Reg.No. 148428 THE SIGNATURE OF THE PARTIES ABOVE APPLY ONLY TO THE AGREEMENT OF THE PARTIES TO ALTERNATIVE DISPUTE SETTLEMENT INITIATED BY THE CONTRACTOR. THE OWNER MAY INITIATE ALTERNATIVE DISPUTE RESOLUTION EVEN WHERE THIS SECTION IS NOT SEPARATELY SIGNED BY THE PARTIES. 12. MATERIALS BECOME PROPERTY OF OWNER the Contractor will continue to own all materials delivered to the Owners premises for use and installation in connection with the work to be performed by this Agreement until paid for by the Owner. When the Contractor shall have received payment for such materials,such materials shall become the property of the Owners. 13. INDEMNIFICATION The Contractor shall hold the Owner harmless from any and all damages and claims that may arise by reason of any negligence on the part of the Contractor,his agents or employees,in the performance of this Agreement; and in case any action is brought against the Owner by reason of the Contractors negligence in the performance of this Agreement,the Contractor shall assume full responsibility for the defense thereof,and upon failure to do so on proper notice,the Owner reserves the right to defend such action and to charge all costs thereof to the Contractor. 14. ENTIRE AGREEMENT This Agreement contains and represents the entire agreement between the parties hereto. Any prior discussions or verbal representations by either party that are not contained in this Agreement are not a part of this Agreement. 15. GOVERNING LAW This Agreement is governed by the Laws of the Commonwealth of Massachusetts and shall be executed in duplicate. 5 16. NOTICE All notices under this Contract must be in writing. Any notice given by either party pursuant to this Agreement shall be deemed to be served,if the same is delivered personally or by certified mail,return receipt requested,to the other party at the address written in this Agreement. 17. RIGHT TO CANCEL The Owner has the right to cancel this Agreement if the Owner has signed this Agreement at a place other than the place of business of the Contractor(which may be his main office or a branch thereof),provided that the Owner notifies the Contractor in writing,at his main office or branch by certified mail,return receipt requested,by telegram sent or by personal delivery,not later than midnight of the third business day following the signing of this Agreement. DO NOT SIGN THIS CONTRACT IF THERE ARE ANY BLANK SPACES. YOU ARE ENTITLED TO A COPY OF THE CONTRACT AT THE TIME YOU SIGN. KEEP IT TO PROTECT YOUR LEGAL RIGHTS CONTRACTOR OWNER /�R i G�-At9- 1� r The Chimney Company Richard Luec4_e By its Representatir:, John WeT-1- 52 Orchard Street S-'-- MA 01970 :TTr '_'8428 DO NOT SIGN ANY COMM FTrn*. r. T ^ m •• ••^•• •^^ The Chimney Company 52 Orchard Street Salem, MA 01970 978-744-1001 Proposal TO: Richard Luecke 2 River Street Salem, MA 01970 DATE: May 18, 2014 The right side chimney is in need of attention. Due to the location of the chimney and the way it comes out of the roof we were not able to get a close look. We can usually determine the condition and the proper course of action when looking at it from the ground but this chimney has been painted. Over time paint cracks and when it does water gets between the brick and paint. It erodes the bricks and mortar over time but since it is behind the paint it is impossible to see from a distance. We originally said that we believe that at least the top 2 feet need to be taken down and rebuilt and the rest repointed however, after zooming in on the pictures we took it appears that the chimney may need more than the top 2 feet rebuilt. We are suggesting the chimney be taken down to the upper roofline and rebuilt with a new, similar brick and new lead flashing. The set up for this chimney is challenging and unique. We have to set up a staging tower from the ground to the top of the chimney. The challenge is that there are stairs directly below the chimney. We will have to set the staging partially on the back stairs. They will not be passable while the staging is up. Additionally, we will be setting up roof staging. Since the roof is slate we will set the staging without nailing into the roof. In order to minimize breakage of the slates we will not be walking directly on the roof. All repairs will require the use of a lime mortar. We would use a new brick similar in size to the existing brick. We Propose the Following: Obtain a City of Salem building permit. Set up staging to safely access the chimney. Take the chimney down to the upper roofline and properly dispose of all debris. Rebuild the chimney using a new, similar brick and new lead flashing. Install a new stainless steel chimney cap. Total Cost$10,300.00