324-328 Essex Street - Murray Contract The Journeymasters 0 Founded 1968
The exceptional deserve the unforgettable.
June 18, 2021
Steve Cummings
Salem Building Inspector
Salem City Hall
98 Washington St
Salem, MA 01970
Dear Steve,
Our condo association, Loring-Emmerton,has been cited by you for a building violation
due to the front stair railings being unsafe.
I have contracted with Murray Masonry to:
1. Install granite restoration product to repair and build back out to original profile
2. Properly repair and refinish the iron works to adhere to the restored granite steps
3. Re-anchor the railings to the columns
Enclosed in the signed contract and copy of the deposit check. The mockup of the steps
will be done Tuesday, June 22nd, and the work will commence on or after July 26ffi. Please
let me know if this meets will your approval.
Thank you.
Cordia y,
Christine M Guerriero
Vice President, Travel Management
Enc: Signed Murray Contract
Copy of Check#4217
The Journeymasters Building,254 Essex Street,Salem,MA 01970
Telephone:978-745-4500 • 1-800-875-3422 • E-mail:action@journeymasters.com • Fax:978-741-4816
Invoice
Date Invoice#
Murray Masonry & More, Corp. 5/4/2021 110-0044-34
P. O. Box 8454
Salem, MA 01971
Service Address:
Bill To:
Loring Emmerton Condos
328 Essex Street
Salem,MA 01970
P.O. No. Terms Project
21-023;Lorin...
Description Qty Rate Amount
Front step repairs at Loring Emmerton Condos, 328 Essex St., Salem, as 0.33 5,040.00 1,663.20
per contract
Deposit due at contract signing=$1,663.20
Thank you for your business. Total $1,663.20
Payments/Credits $0.00
Balance Due $1,663.20
M�ISONRY&MORE
CORP.
(978)594-1138
MurrayMasonry.com
CONTRACTING AGREEMENT
Read this agreement and make sure you understand it before signing it.
This agreement has legal force and effect and binds those who sign it.
Notice: All home improvement contractors and subcontractors engaged in home improvement
contracting,unless specifically exempt from registration by provisions of Chapter 142a of the
general laws,must be registered with the Commonwealth of Massachusetts. Inquiries about
registration and status should be made to the Director of Home Improvement Contract
Registration, Office of Consumer Affairs and Business Regulation, Ten Park Plaza, Suite 5170,
Boston,MA 02116.
Designated Registrant's Name: Brendan Murray,President
Murray Masonry&More, Corporation
Registration Number: H�,ICp License# 169898
This agreement is made on(date) �wvl� between Murray Masonry &More. CoM.
hereinafter called"Contractor."
100 Rear Lynn St. Suite 1 (/
Peabody,Massachusetts 01960
Telephone- (978) 594-1138
and Name(hereinafter called"Owner"): Loring Emmerton Condos
Address: 328 Essex St.
Salem,MA 01970
Email: cros@journeymasters.com
Phone: 978-273-9044
Page I 1 Mailing Address: P.O.Box 8454 Salem,MA 01971
Murray Masonry&More, Corp. Office Address: 100 Rear Lynn St. #1 Peabody,MA 01960
I. DETAILED DESCRIPTION OF WORK TO BE PERFORMED
1. Administration: Internal job set up,Pre-project planning, Crew orientation, Contract, and
Pertinent applications or notifications for permitting or approval.
Mobilization: Schedule labor, Obtain materials, Cost of permit(s) or approval(s), and
Organize/protect job site.
Demobilization: Remove all excess materials/debris and contractor tools. Leave site
broom clean.
2. Account for 2 days for the following:
- Wash granite steps(not guaranteed to remove rust staining)
- Chip failed granite down to sound substrate
-Install pins and tie wire
- Install granite restoration product to repair and build back out to original profile
Two man crew performing required work.Lump sum per diem.
-Includes repair materials, consumables, and disposal.
- Specialty, or in quantity, materials or item disposal may increase cost.
Note: Due to the nature of scope quantification for this project,the time estimate is a
function of scope coverage.However, if noted work cannot be completed within
specified time due to additions or unforeseen circumstances estimated cost subject to
increase with prior notification.
3. ***ALLOWANCE*** =$1200
Process to be determined.
Repair and refinish two wrote iron railings.
All materials and installation procedures shall comply with all current local and national
building code requirements. All materials meet or exceed ASTM standards/Code.
General Conditions:
• All measures will be taken to reasonably protect owner's property throughout duration of
project. Finish carpentry, siding,painting, landscaping, or other such peripheral
considerations are not included unless explicitly specified under Detailed Description of
Work to be Performed above.
• Contractor not responsible for preservation or restoration of existing landscape,beyond
rough grading at completion,unless specified.
• Owner understands that existing conditions may facilitate the need for additional work by
others due to the nature of the work in this contract.
• At completion of project all excess materials, debris, and contractor tools/machinery/etc.
to be removed from job site. Site to be left in broom clean condition.
II. PRICE
Contractor agrees to do all work described in Section I for the total price of: $5,040.00
III. PAYMENT
Due at contract signing=$1,663.20
Due upon mobilization= $2,872.80
Page 12 Mailing Address: P.O. Box 8454 Salem,MA 01971
Murray Masonry&More, Corp. Office Address: 100 Rear Lynn St. #1 Peabody, MA 01960
Balance due at completion of project= $504.00
Terms: Service charge of 1.5%per month on past due accounts.
Returned checks: A new check must be sent and a service charge of$75.00 must be
added to balance to reimburse bank fee.
Credit cards: Standard payment channel is through check or cash; however, credit cards
may be used to pay for some or all of the project with advance notice.A 3%convenience
fee is assessed in addition to each invoice paid via credit card and will be invoiced
through PayPal.
Notice: No agreement for home improvement contracting work shall require a
down payment(advanced deposit) of more than one-third of the total contract price
or the total amount of all deposits or payments which the contractor must make,in
advance,to order and/or otherwise obtain delivery of special-order materials and
equipment,whichever amount is greater.
Any progress payment(s)made by Owner shall automatically constitute a representation,
agreement,and acknowledgment by Owner,that all work and material represented by
that progress payment has been completed,performed or supplied by Contractor in
compliance with the contract terms and to Owner's satisfaction. The foregoing
agreement shall be conclusively binding upon Owner,unless Owner provides Contractor,
at the time said progress payment is tendered,with a written list of those items or matters
which Owner deems incomplete or unfinished pursuant to the contract terms.
The contractor and the owner hereby mutually agree in advance that in the event that
the contractor or owner has a dispute concerning this contract, the contractor or owner
may submit such dispute to a private arbitration service which has been approved by
the Office of Consumer Affairs and Business Regulation and the consumer shall be
required to submit to such arbitration as provided in MGL c 142A.
Any Request for Arbitration shall be filed with the State of Massachusetts Arbitration
Program within two years of Agreement date.
No arbitration arising out of or relating to this agreement shall include,by consolidation,
joiner or in any other manner, an additional person or entity not a parry to this agreement.
The foregoing agreement to arbitrate shall be specifically enforceable in accordance with
applicable law in any court having jurisdiction thereof.
The decision rendered by the arbitrator or arbitrators shall be final and binding, and
judgment may be entered upon it in accordance with applicable law in any court having
jurisdiction thereof.
If Contractor or Owner is required to bring suit for purposes of collection sums owed
under this contract and other failure in Contract conditions, Contractor or Owner will
have the right to be paid for and the other party shall pay the party bringing suit for all of
the suing parry's costs and expenses in enforcing this agreement,to the extent not
Page 6 3 Mailing Address: P.O.Box 8454 Salem, MA 01971
Murray Masonry&More, Corp. Office Address: 100 Rear Lynn St. #1 Peabody, MA 01960
prohibited by applicable law. Those expenses include, for example, court costs and
reasonable attorneys' fees.
IV. COMMENCEMENT AND COMPLETION OF WORK
Contractor will not begin the work or order the materials before the third day following
the signing of this agreement,unless specified here in writing. Contractor will begin the
work on or about 6/4/2021. Barring delay caused by circumstances beyond Contractor's
control including but not limited to delays caused by strike,weather conditions, supply
shortage, or force majeure,the work will be completed on or about 6/10/2021. The
Owner hereby acknowledges and agrees that the scheduling dates are approximate and
that such delays that are not avoidable by the Contractor shall not be considered as
violations of this Agreement. The project completion date shall automatically be
extended by the same number of working days lost due to delays arising from
circumstances beyond Contractor's control.
V. NO ACCELERATION OF PAYMENTS BY ESCROWING ALLOWED
The Contractor may not require payments to be made in advance of the times specified in
Section III (Payment) above for the reason that contractor deems itself or the payments to
be insecure. If,however, Contractor deems itself to be insecure, Contractor may require,
as a prerequisite to continuing the work described herein,that the balance of the
payments under this contract that are in the control of the Owner, shall be placed in a
joint escrow account that requires the signature of both the Contractor and the Owner for
withdrawal.
VI. INSURANCE
Contractor will be responsible to Owner or any third party for any property damage or
bodily injury caused by Contractor, its employees or its subcontractors in the
performance of,or as a result of,the work under this Agreement. The Contractor agrees
to carry insurance to cover such damage or injury. The Contractor also agrees to carry
insurance to cover any injuries incurred by the Contractor,his employees, or
subcontractors while on the Owner's property or in the performance of, or as a result of,
the work under this Agreement. Proof of insurance may be supplied to the Owner if
requested.
In the event subcontractors are used on this project,the addresses of the subcontractor's
business,telephone numbers,and all pertinent contact information as well as copies of
the subcontractor's license, insurances,tax I.D. number, and registration with the state of
Massachusetts shall be given to the Owner prior to any subcontractor beginning work on
the Owner's premises. (P.O.Box numbers are not acceptable contact information.)
Page 14 Mailing Address: P.O.Box 8454 Salem,MA 01971
Murray Masonry&More, Corp. Office Address: 100 Rear Lynn St.#1 Peabody, MA 01960
VII. SUBCONTRACTING
Contractor agrees that, notwithstanding any agreement for materials and/or labor between
Contractor and a third party, Contractor is responsible to Owner for completion of all
work described in a timely and professional manner.
VIII. CONSTRUCTION-RELATED PERMITS
The following construction related permits will be necessary to complete the scope of
work included in this Agreement:
N/A
The Contractor under provisions of Chapter 142A of the General Laws is required to
apply for and obtain all construction-related permits. The Contractor shall not be deemed
responsible for delays in the work described in this Agreement caused by regulatory
permit granting or inspectional agencies, authorities or individuals.
The Contractor shall contact the appropriate inspectional agency and obtain the required
inspection and sign off approval on each phase of construction as designated by that
inspectional agency before proceeding to the next phase of the project.
Note: If the Owner obtains his own construction-related permits for the work described
under this agreement,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 to collect from the guaranty fund established by Chapter 142A,M.G.L.
Conditions such as Conservation Land, Property Boundaries,Historic Approvals, and any
such land or property related considerations requiring special permits or variations are the
sole responsibility of the Owner to relay, in advance of the project start,to the Contractor.
If not disclosed prior to Contract execution,the costs of obtaining requisite special
permissions will be invoiced to Owner in addition to the Contract Price. Omission of
such information resulting in lost work time,violations, disputes, or other associated
costs shall be invoiced to Owner.
IX. MODIFICATION
This Agreement, including the provisions relating to price (Section II) and payment
schedule (Section III)cannot be changed except by a written statement signed by both
Contractor and Owner. However, cancellation by Owner is allowed in accordance with
the Notice of Cancellation(annexed).
X. WARRANTIES
Contractor gives the following limited warranty to Owner. This limited warranty is
extended only to the Owner and is not transferable or assignable by Owner. This limited
warranty is the only expressed warranty Contractor is giving to the Owner. This limited
Page 5 Mailing Address: P.O.Box 8454 Salem,MA 01971
Murray Masonry&More, Corp Office Address: 100 Rear Lynn St. #1 Peabody,MA 01960
warranty specifically excludes consequential and incidental damages and there are
limitations in the duration of this expressed warranty and the implied warranties, if any.
Contractor agrees and represents that all work in connection with the construction of the
project,undertaken and performed by Contractor or its subcontractors, shall be performed
in a good and professional manner. Provided written notice is received by Contractor on
or prior to end of warranty period, specifying exactly the defect complained of,
Contractor warrants for a one-year period for restoration work, and two-year period for
new construction,that Contractor shall correct any defect in materials or workmanship
of which Contractor received written notice from Owner within the said warranty period
starting from the date of completion of the project;provided, however,that this limited
warranty shall not apply to "defects"which are the result of contraction or expansion or
the result of other normal or ordinary characteristics of building or construction materials.
This limited warranty shall not apply to fixtures,appliances, equipment or installations
covered by manufacturers' warranties,to which Owner agrees to look solely to the
manufacturer for replacement and/or correction of defects or malfunctions, all of which
manufacturers' warranties.to the extent assignable, shall be assigned by Contractor to
Owner upon completion of the project.
Contractor agrees to assign to the Owner any and all manufacturers' warranties on all
appliances or equipment which Contractor installs on the project. The Owner
acknowledges that such warranties may include specific procedures which must be
followed by the Owner to have the warranty take effect(e.g., notification to
manufacturer, registration or mailing warranty card). The Owner agrees that Contractor
shall have no liability whatsoever for expressed or implied manufacturers' warranties.
The Owner acknowledges that the following items are specifically excluded from this
limited warranty:
a. defects in appliances or pieces of equipment which are covered by manufacturers'
warranties. As these have been assigned directly to Owner, each manufacturers'
warranty claim procedure must be followed when a defect appears in any of those
items;
b. damage due to ordinary wear and tear,misuse or lack of proper maintenance;
c. defects which are the result of characteristics common to materials used, such as,but
not limited to,warping or deflection of wood; fading,chalking or checking of paint
due to sunlight; cracks due to drying and curing of concrete,plaster, drywall,tile
brick or masonry; efflorescence on brick or stone due to calcium deposits from
mortar;
d. defects in items installed or supplied by the Owner or anyone other than Contractor,
or its subcontractors at Contractor's order;
e. work performed by the Owner or anyone other than Contractor, or its Subcontractor's
order;
f. loss or injury due to the elements; and
g. consequential or incidental damages.
??�wp- 6 Mailing Address: P.O. Box 8454 Salem, MA 01971
MWcray Masonry&More, Corp. Office Address: 100 Rear Lynn St. #1 Peabody,MA 01960
If the Owner gives Contractor proper notification of a claimed defect, and if the defect is
covered by this limited warranty, Contractor or subcontractors, chosen by Contractor will
replace or repair the defect(such a decision being Contractor's sole and exclusive choice)
at no charge or cost to the Owner within a reasonable time, unless weather conditions,
labor problems,material shortages or similar events cause delays.
All warranties for equipment supplied by the Contractor under this Agreement shall be
those given by the manufactures of such equipment,which shall be and are hereby passed
through directly to the Owner. Under such manufacturers' 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 Owner's failure to mail in or
register such documentation,which failure voids the manufacturers' warranty, shall not
create any responsibility for the Contractor to warranty such equipment.
During the stated warranty period the Contractor shall be responsible for service for
repair or adjustment BUT the Contractor shall NOT be responsible for normal
maintenance, repair due to abuse or misuse, and normal wear and tear,which shall be the
responsibility of the Owner.
In the case of service by the Contractor under the warranty provision,the choice of repair
or replacement shall be at the discretion of the Contractor.
All claims for adjustments repair or replacement shall be made by the Owner, in writing,
and mailed by postage prepaid first class mail to the Contractor at the Contractor's
address as given at the beginning of this Agreement.
In the event that any provision of this limited warranty shall be invalid,the remainder of
this limited warranty shall remain in full force and effect.
Use of ANY ice melting agent on masonry immediately voids warranty—Applicable
only to concrete placed within twelve(12)months or staircases,unless otherwise
specified in writing. Ice melting agents destroy masonry through a combination of
freeze/thaw and chemical interaction. Recommendations for the preservation of masonry
include removing snow before ice forms, chipping ice if it forms, or utilizing sand(or cat
litter)for traction.
XI. COMPLETENESS OF AGREEMENT FOR EXECUTION
The Owner is hereby advised that he/she should not sign this Agreement unless and until
all blank sections have been filled in or marked as void, deleted or not applicable, and
until all exhibits and related or referenced documents that are incorporated herein are
attached hereto.
The Contractor and Owner agree that the following additional documents,plans,
specifications and Change Orders are attached hereto and incorporated by reference into
this Agreement:
Page 7 Mailing Address: P.O.Box 8454 Salem, MA 01971
Murray Masonry&More, Corp. Office Address: 100 Rear Lynn St. #1 Peabody, MA 01960
The Contractor is to supply the necessary as-built drawings if the work progresses to a
point that these drawings become necessary to be made.
XII. COPY OF AGREEMENT TO BE GIVEN TO OWNER
This agreement is governed by the Laws of Massachusetts. It must be executed in
duplicate, and an original signed copy hereof given to the Owner at the time of execution.
No work under the Agreement shall begin prior to the signing of the Agreement and
transmittal to the Owner of a copy thereof.
XIII. VARIATIONS IN SCHEDULED START AND COMPLETION OF WORK
The actual dates that construction will commence and be completed may vary due to: the
time required to apply for an obtain necessary permits; delays caused due to necessary
inspections; delays in the scheduling of work crew(s);the presence of hidden conditions
or necessary additional work discovered during construction; or delays in the receipt of
equipment and or materials which must be ordered and/or delivered to the site.
NOTICE OF SCHEDULE CHANGE
The Contractor agrees that when any such delays become known to the Contractor,the
Contractor will advise the Owner as soon as possible.
DELAYS IN COMPLETION DUE TO HIDDEN CONDITIONS
The Owner hereby acknowledges 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 contract. In such case(s)the Owner agrees
that the duration of the work and the schedule date of completion may differ from the
date contained in section IV,above,and that such variation which is not avoidable by
Contractor shall not be considered a violation of this contract.
XIV. HIDDEN CONDITIONS AND NECESSARY ADDITIONAL WORK
Hidden conditions may require adjustments in the overall price of the necessary work
related to this Agreement. In such case the Contractor shall inform the Owner of such
condition forthwith and where necessary a written amendment of this Agreement,
"Change Order,"will be negotiated and executed by the Contractor and Owner.
Unforeseen additional work shall be invoiced on a time and materials basis at the
following rates:
Tier One
Project Manager=$100/hour
Site Supervisor—Regular Time =$95/hour
Page 18 Mailing Address: P.O. Box 8454 Salem,MA 01971
Murray Masonry & More, Corp. Office Address: 100 Rear Lynn St. #1 Peabody, MA 01960
Site Supervisor—Overtime=$137.50/hour
Tier Two
Mason—Regular Time= $85/hour
Mason—Overtime=$122.50/hour
Tier Three
Mason Tender—Regular Time=$75/hour
Mason Tender—Overtime=$97.50/hour
Tier Four
Laborer—Regular Time=$65/hour
Laborer—Overtime=$87.50/hour
Owner initiated changes shall be invoiced at the rates above plus an additional 10%
administrative surcharge of the total Change Order.
The Contractor recommends budgeting at least 10%in addition to the contract price for
unforeseen or owner initiated changes.
XV. EXISTING CONDITIONS
The following existing conditions have been taken into consideration and are included
under the contract price detailed under Section II for both material and labor in the scope
of the project:
No known hindrances or obstructions to completing project as described.
If conditions are discovered by Contractor beyond those observed and described in detail
above the necessary remedy and associated cost will be presented to Owner in the form a
Change Order as described under Section XIV. Work will progress only upon
Contractor's receipt of signed Change Order by Owner.
XVI. FORM INTENDED TO COMPLY WITH LAW
The Contractor and Owner acknowledge that the form, substance, content and notices
contained in this Agreement are intended to comply with the applicable portions of
Massachusetts General Laws Chapter 142a, and regulations promulgated thereunder. In
the event of any instance of non-compliance,only such portion shall be invalid and the
remainder of this Agreement shall be in full force and effect. In addition, any such
portion not in compliance shall be read and interpreted so as to have its intended meaning
to the maximum extent allowed under such law and applicable regulations.
This contract shall not imply that any lien or other security interest has been placed on this
residence.
Page 19 Mailing Address: P.O.Box 8454 Salem,MA 01971
Murray Masonry&More, Corp. Office Address: 100 Rear Lynn St. #1 Peabody,MA 01960
XVII. INCORPORATION CLAUSE
This Contracting Agreement contains the ENTIRE AGREEMENT between the parties
hereto, and the terms of this Contracting Agreement are contractual and not a mere
recital.No conversation or representation made by either party which is not included
herein is part of this Contract Agreement.
RIGHTS TO CANCEL
The Owner may cancel this agreement if it has been signed by the Owner at a place other
than an address of the Contractor which may be his main office or branch thereof
provided that the Owner notifies the Contractor in writing at his main office or branch by
ordinary mail posted,by telegram sent or by delivery,not later than midnight of the third
business day following the signing of this agreement. The Owner may cancel this
agreement without any penalty or obligation. See attached Notice of Cancellation.
If the Owner cancels this Agreement,the Contractor shall within ten business days of
receipt of the written Notice of Cancellation: 1)refund all payments made, including any
down payment made under the Agreement, less any permitting, design,material or other
costs incurred as a result of project preparation, 2) cancel and return any copies of the
Agreement and any negotiable instrument signed by the Owner with a notation indicating
that it has been cancelled, and 3)take any action necessary or appropriate to terminate
promptly any security interest created in connection with this Agreement.
A CANCELLATION NOTICE IS ENCLOSED WITH THIS CONTRACT.
OWNER:
DO NOT SIGN THIS CONTRACT IF THERE ARE ANY BLANK SPACES OR YOU
HAVE NOT RECEIVED TWO COPIES OF THE NOTICE OF CANCELLATION.
OWNER'S SIGNATURE DATE SIGNED
OWNER'S SIGNATURE DATE SIGNED
MURRAYMASONRY&MORE, Corp.
BY:
SIGNATURE DATE SIGNED
Page 110 Mailing Address: P.O. Box 8454 Salem, MA 01971
Murray Masonry& More, Corp. Office Address: 100 Rear Lynn St. #1 Peabody, MA 01960
NOTICE OF CANCELLATION
(SIGN AND RETURN ONLY IN THE EVENT OF CONTRACT CANCELLATION)
RE: RESIDENTIAL CONTRACTING AGREEMENT DATED:
It is my intention to cancel the Contracting Agreement with Murray Masonry&More, Corp.
without penalty or obligation.
1 n/
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O 'S NAME(PLEASE PRINT) OWNER'S SfGNA1fM DATE S GNED
OWNER'S NAME(PLEASE PRINT) OWNER'S SIGNATURE DATE SIGNED
Page I 1 I Mailing Address: P.O.Box 8454 Salem,MA 01971
Murray Masonry &More, Corp. Office Address: 100 Rear Lynn St. #1 Peabody,MA 01960