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128 ESSEX ST - BUILDING PERMIT APP The Commonwealth of Massachusetts INSPECTIONAL SERVICES Department of Public Safety L Massachusetts State Building Code(780 CMR) , !OI[ 8AY _b A U: [2 Building Permit Application for any Building other than a One-or Two-Famt y welling J (This Section For Official Use Only) Building Permit Number: Date Applied: Building Official: SECTION 1:LOCATION(Please indicate Block#and Lot#for locations for which a street address is not available) 128 Essex Street Salem 01970 1 n No.and Street City/Town Zip Code Name of Building(if applicable) J 1 SECTION 2:PROPOSED WORK Edition of MA State Code used If New Construction check here❑or check all that apply in the two rows below Existing Building IR Repair E Alteration ❑ Addition❑ Demolition ❑ (Please fill out and submit Appendix 1) Change of Use ❑ Change of Occupancy ❑ Other ❑ Specify: Are building plans and/or construction documents being supplied as part of this permit application? Yes ❑ No q Is an Independent Structural Engineering Peer Review required? Yes ❑ No Brief Description of,Proposed Work: - componensts Cleaning repair and restoration of all sandstone stairs treads risers stingers with —.lahn Rastoration mortar mix SECTION 3:COMPLETE THIS SECTION IF EXISTING BUILDING UNDERGOING RENOVATION,ADDITION,OR CHANGE IN USE OR OCCUPANCY Check here if an Existing Building Investigation and Evaluation is enclosed(See 780 CMR 34) ❑ Existing Use Group(s): Proposed Use Group(s): SECTION 4:BUILDING HEIGHT AND AREA Existing Proposed No.of Floors/Stories(include basement levels)&Area Per Floor(sq.ft.) Total Area(sq.ft.)and Total Height(ft.) SECTION 5:USE GROUP(Check as applicable) A: Assembly A-1❑ A-2❑ Nightclub ❑ A-3 ❑ A4❑ A-5❑ 1 B: Business ❑ E: Educational ❑ P.-Factory F-1❑ F2❑ H: High Hazard H-1❑ H-2❑ H-3 ❑ H4❑ H-5❑ I: Institutional 1-1❑ I-2❑ I-3❑ I-4❑ M: Mercantile❑ R: Residential R-10 R-2❑ R-3❑ R4❑ S: Storage S-1 ❑ S-2❑ U: Utility❑ Special Use❑and please describe below: Special Use: SECTION 6:CONSTRUCTION TYPE(Check as applicable) IA 1110 IIA ❑ IIB ❑ IIIA ❑ HIB ❑ I IV 1 VAO VB ❑ SECTION 7:SITE INFORMATION(refer to 780 CMR 111.0 for details on each item) Water Supply: Flood Zone Information: Sewage Disposal: =hl : Debris Removal: Public❑ Check if outside Flood Zone❑ Indicate municipal❑ be Licensed Disposal Site❑ nch or specify: Private❑ or indenti[y Zone: or on site system❑ d❑ Railroad right-of-way: Hazards to Au Navigation: MA Historic Commission Review Process: Not Applicable❑ Is Structure within airport approach area? Is their review completed? or Consent to Build enclosed❑ Yes❑ or No❑ Yes❑ No ❑ SECTION 8:CONTENT OF CERTIFICATE OF OCCUPANCY Edition of Code: Use Group(s): Type of Construction: Occupant Load per Floor: Does the building contain an Sprinkler System?: Special Stipulations: mr�tL..EO S113 SECTION 9: PROPERTY OWNER AUTHORIZATION Name and Address of Property Owner Peabody Essex Museum 161 Essex Street _Salem MA 01970 Name(Print) No.and Street City/Town Zip Property Owner Contact Information: Same Title Telephone No.(business) Telephone No. (cell) e-mail address If applicable,the property owner hereby authorizes Name Street Address City/Town State Zip to act on the property owner's behalf,in all matters relative to work authorized by this building permit application, SECTION 10:CONSTRUCTION CONTROL(Please fill out Appendix 2) [f building is less than 35,000 cu.ft.of enclosed space and/or not under Construction Control then check here❑and slap Section 10.1 10.1 Registered Professional Responsible for Construction Control Jay Norman 617 669 6943 jay(@abbotbuilding.co CS107145 Name(Registrant) Telephone No. e-mail address Registration Number Besten A4A— o:21 1,9 1 Inrestricted 419 919 01 7 Street Address City/Town State Zip Discipline Expiration Date 10.2 General Contractor nl,l,e�BuildinQ k�esteratien Ce , Ins Company Name StPyPn Nodati CS 079194 Name of Person Responsible for Construction License No. and Type if Applicable 399 Chadwick Road Havehill MA 01835 Street Address City/Town State Zip » 44.5-0274 617 59D ���� steven@abbotbuilding com Telephone No.(business) Tele hone No. cell e-mail address SECTION 11:WORKERS'COMPENSATION INSURANCE AFFIDAVIT M.G.L.c.152.§25C 6 A Workers'Compensation Insurance Affidavit from the MA Department of Industrial Accidents 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. Is a signed Affidavit submitted with this application? Yes❑ No ❑ SECTION 12:CONSTRUCTION COSTS AND PERMIT FEE Item Estimated Costs:(Labor and Materials) Total Construction Cost(from Item 6)=$ 1.Building $ 50,500.00 Building Permit Fee=Total Construction Cost x (Insert here 2.Electrical $ appropriate municipal factor)=$ 3.Plumbing $ 4.Mechanical (HVAC) $ Note:Minimum fee=$ (contact mu��ality�\ 5.Mechanical Other $ J\I Enclose check payable to 6.Total Cost $ (contact municipality)and write check number here SECTION 13:SIGNATURE OF BUILDING PERMIT APPLICANT By entering my name below,I hereby attest under the pains and penalties of perjury that all of the information contained in this application is true and accurate to the best y knowledge and understanding. AY Norman Director 617- 669 6943 5/5/15 Please print and sign name Title Telephone No. Date Bmkline Boston MA 02118 Street Address City/Town State Zip Municipal Inspector to fill out this section upon application approval: Name Da e l�R�u�e. l ��Nc�,�E€ �a� f� ���ls-1, •so � � �S-��� � Peabody P E I M Essex Museum Exhibit A Scope of Work for Stone Repair and Restoration Cotting-Smith Assembly House & Gardner-Pingree House Cotting-Smith Assembly House • Re I repair and restoration of the existing sandstone curbing supporting cast iron fence a ates at the Cotting-Smith Assembly House. All work completed as described in the ect Manual: Cast Iron Fencing dated 2 , art 2 Repair Specifications Pages 9- 1 , s prepared by Groundroo eservation LLC. • After removal and cleaning of the san curbing, color matching samples will be created by Abbot for approval by P . Sam roduction will be coordinated with Cathedral Stone using Jah storation mortar mi . amples will be installed adjacent to the existing stone aces for review and approval. • Scope incl es the removal, cleaning, restoration and the reinstall ' n of all sandstone curbi and granite newel posts. Restored and repaired curbing will be et in new ch with appropriate gravel footings. • Abbot will coordinate the stone repair and restoration work with the cast iron fence restoration contractor(DeAngelis) who has been separately contracted by PEM. Gardner-Pingree House • Repair and restoration in-place of the existing stone stair and podium components supporting the wood columns and portico roof of the Gardner-Pingree House. All work to be completed as described in the Project Manual: Gardner-Pingree House Portico dated 2014 as prepared by Groundroot Preservation LLC. . February 2,2015 Peabody Essex PEM Museum • Scope includes the cleaning, repair and restoration of all sandstone stair components (treads, risers and stringers)as well as the top and sides of the existing podium structure. • After complete cleaning of the sandstone stair and podium, color matching samples will be created by Abbot for approval by PEM. Sample production will be coordinated with Cathedral Stone using Jahn Restoration mortar mix. Samples will be installed on-site adjacent to the existing stone surfaces for review and approval. • Temporary protection will be provided by Abbot for the work area. Work area protection to be coordinated with the temporary shoring for the portico roof as provided by the preservation carpenter. • Abbot will coordinate the stone repair and restoration work with the cast iron fence restoration contractor, and the preservation carpentry work which have been separately contracted by PEM. February 2,2015 r AGREEMENT Peabody Essex Museum 161 Essex Street Salem, MA 01970 ^^ � Agreement made this day of h, 2015 by and between: "Owner": Peabody Essex Museum ("PEM") 161 Essex Street Salem, MA 01970 (the"Site"or the"Museum") Phone: 978-745-9500 Email:robert_monk@pem.org Contact: Bob Monk, Project Manager "Contractor": Abbot Building Restoration Company, Inc. Twenty Eight Allerton St. Boston, MA 02119 Contact: Steven Diodati, Vice President Scope of Work: A. Cotting-Smith Assembly House: The removal, repair, restoration and reinstallation of the existing sandstone curbing supporting the cast iron fence and gates at the Cotting-Smith Assembly House.All work to be completed as described in the Project Manual: Cast Iron Fencing dated 2014 as prepared by Groundroot Preservation LLC. B. Gardner-Pingree House: The repair and restoration, in-place, of the existing stone stair and podium components of the Gardner-Pingree House portico. All work to be completed as described in the Project Manual: Gardner-Pingree House Portico dated 2014 as prepared by Groundroot Preservation LLC. Abbot will coordinate the stone repair and restoration work with the cast iron fence contractor at Cotting-Smith Assembly House and with the preservation carpenter at Gardner-Pingree House both of which will be contracted directly by PEM. Total Fee: $80,400(Eighty Thousand Four Hundred Dollars) A. Cotting-Smith Assembly House: $29,900(Twenty Nine Thousand Nine Hundred Dollars) B. Gardner-Pingree House: $50,500(Fifty Thousand Five Hundred Dollars) WHEREAS, the Contractor, has visited and familiarized itself with the Site(s) and has reviewed the Scope of Work attached as Exhibit A and having familiarized itself with the Museum, the Scope of Work and the requirements of the Owner, is desirous of entering into an Agreement with the Owner for the performance of the Work in the terms and conditions hereinafter set forth. WITNESSETH that the Owner and the Contractor for the consideration hereinafter named agree asfollows: -1 Owner. Peabody Essex Museum Contractor.Abbott Building Restoration Company,Inc. Dated: March 3,2015 Contractor's Signature i I _ 1. Services to be Provided. 1.10 The Contractor agrees to physically attend all meetings required by the Owner. 1.1 The Contractor represents that it is licensed, experienced and skilled in the performance of work of a magnitude and complexity comparable to the work and that it will furnish and complete the work in accordance with the provisions of this Agreement. 2. Insurance. 1.2 All work shall be performed using the Contractor's own 2.1 The Contractor shall purchase and maintain the forces, which in all cases shall be appropriately qualified, insurance with coverage of or exceeding the amounts in trained and licensed individuals. All individuals employed by Exhibit B,Insurance Requirements. the Contractor for the performance of the work shall be employees of the Contractor and shall not be considered or 2.2 All insurance coverage will list the Owner as a hold themselves out to be employees of the Owner. certificate holder and shall name the Owner as an additional insured. 1.3 The work must comply with all applicable federal and local laws, codes, permits and authorizations and with the 2.3 The Contractor waives all rights against the Owner and requirements of this Agreement. its agents, trustees, officers, directors, employees and volunteers for recovery of damages to the extent these 1.4 Upon acceptance of an individual by the Museum, such damages are covered by commercial general liability, individual shall complete training administered by the Museum commercial umbrella liability, business auto liability or workers prior to performance of any Services. compensation and employers liability insurance maintained per requirements as stated in the Insurance Requirements set out 1.5 The Contractor shall be solely responsible for the in Exhibit B. performance of the work and for the conduct of all of its employees. 2.4 As a condition precedent to the commencement of the Services, the Contractor shall deliver executed Certificates of 1.6 The Owner reserves the right,at any fime,to notaccept Insurance with the minimum amount of coverage set out in any individual presented by the Contractor as a potential Exhibit B,to the Owner prior to the commencement of the work tradesman or to request the removal of a tradesman, with or and on endorsement that coverage will not be cancelled or without cause. In such instances, the Contractor shall either altered except on thirty (30) days prior written notice to the not present such individual for the Owner's consideration at Owner. any future occasion or, where appropriate, shall promptly remove such individual from the Museum and such individual 3. Indemnification. shall not longer perform any of the work. 3.1.To the fullest extent permitted by law,the Contractor at its own expense shall indemnify and hold harmless the Owner, its affiliates, and their respective trustees, directors, officers, agents, representatives, employees, volunteers, successors and assigns, and each of them (the"Indemnified Parties")from 1.7 The Contractor shall perform the work and its and against any claims, actions, proceedings, liabilities, losses, obligations under this Agreement with its most diligent efforts damages, costs and expenses, including reasonable legal and consistent with the best practices and professional skill fees, which the Indemnified Parties may sustain by reason of and care ordinarily provided by first class companies working any misconduct or any wrongful or negligent act or omission of on world class museum projects(the"Standard of Care"). the Contractor, its consultants, officers, agents, employees, or subcontractors arising out of the work hereunder or arising out of or resulting from the Contractor's failure to comply with the 1.8 The Contractor shall provide any information required terms of this Agreement. This indemnity, and hold harmless from it in a timely manner. obligation shall survive the expiration or termination of this Agreement. 1.9 The intent of this Agreement is to include all items necessary for the proper execution of the work. Items omitted 4. Owner's Rights and Responsibilities. from the Agreement shall be included within the scope of the Agreement if they are required by applicable law, regulation,or 4.1. The Owner is relying on the Contractor to exercise the code, if they are reasonably inferable from the intent of the Standard of Care in connection with the performance of the Agreement, or if they are necessary to produce the intended work. Notwithstanding anything else set forth herein, any results. approval" or"consent" of the Owner to individuals presented by the Contractor for consideration as tradesmen, the _2 Owner: Peabody Essex Museum Contractor:Abbot Building Restoration Company,Inc. Dated: March 3,2015 Contractor's Signature i I Contractor shall remain solely liable for the conduct of such 5.6. The contractor shall include as part of each monthly pay individuals. application, a retainage amount equal to 10% of the value of the Completed Work. This 10% retainage amount will be 4.2. The Owner's Representative for the project shall be Mr. released to the contractor as part of the Final Pay Application. Robert Monk. Mr. Monk is authorized to act on the Owner's behalf with respect to the Project. In addition, the Owner, hereby designates Mr. Phillip Johns as the Project Manager. 6. Claims of the Contractor. Mr. Monk is authorized to approve Optional Services, changes and Reimbursable Expenses,which do not exceed$25,000. 6.1. The Contractor shall have no claim for extra or additional compensation or for any damage allegedly sustained or for any changes or modifications to the work unless it shall have first S. Fee. complied with all the applicable terms and provisions in this Agreement pertaining to submission of claims, changes, 5.1. Owner agrees to pay the Contractor as full payment for modifications, and damages where such additional work has the complete performance of all work performed, furnished, been pre-approved by the Owner in writing as described above and provided by the Contractor, as more fully described in in Article 5.3. Exhibit A,$50,500(the"Fee") for Gardner-Pingree House and $29,900 (the"Fee") for Cotting-Smith Assembly House. Such 6.2. Notwithstanding the foregoing, the acceptance by the payments are to be made in the manner and at the time Contractor of any payment hereunder shall operate as a waiver hereinafter provided below. Refer to Exhibit C. proposals from and release of its rights to receive or make claim for additional Abbot Building dated January 21, 2015 for Gardner-Pingree compensation for any work, labor or materials, performed or House, January 26, 2015 for Cotting-Smith Assembly House furnished by it prior to the date of acceptance of said payment. and February 26,2015 Unit Pricing for both projects. 5.2. The Fee is the total amount which the Owner will pay the 7. Assignment. Contractor for the performance of the work. 7.1. Neither this Agreement nor any of the funds due or 5.3. Prior to performing any work not identified in the Scope of becoming due hereunder may be assigned or sublet by the Work, the Contractor shall notify the Owner in writing of the Contractor without the prior written consent of the Owner. fact that the Contractor considers that it is being requested to perform additional work. The Contractor shall not be entitled to 7.2.The Owner may assign this Agreement at its sole payment for any work not identified in the Scope of Work discretion. The Contractor hereby consents to such unless it shall first have notified the Owner in writing as assignment and agrees to be bound to the assignee, by the described above and the Owner has approved such additional terms of this Agreement. work in writing. 8. Remedies of the Owner. 5.4. No partial payment, or certificate thereof, shall constitute the acceptance or approval by the Owner of the work for which 8.1. The Contractor stipulates and agrees that each of the the partial payment is made. No partial payment shall agreements and covenants herein contained, and by it made, constitute a waiver by the Owner of any right to require constitutes a material condition of this Agreement. In the event fulfillment of the entire scope of this Agreement. Neither the of any breach by the Contractor of any condition of this final payment nor any partial payment, nor any certificate for Agreement herein incorporated by reference, then, and in that either, shall constitute acceptance by the Owner of improperly event,the Owner may: performed work nor of any element of the Contractor's performance determined to be at variance Wth this Agreement. 8.2. Deduct from any payment otherwise due or becoming due all sums chargeable to Contractor and damages due from said 5.5.The Contractor shall submit an invoice to the Owner by breach;and the last day of each calendar month. The Contractor's invoice shall show the work in place from the preceding month and 8.3. Terminate the Agreement for default in the following shall be accompanied by such additional information as may manner: the Owner shall give to the Contractor written notice be required by the Owner. Payments are due and payable no of the breach or breaches, and, unless said breach or later than thirty(30) days from the date of the Owners receipt breaches are cured within forty-eight(48) hours from the date of the Contractor's invoice. of the notice, the Agreement shall be deemed terminated for default 8.4. If the termination for default is determined to be unjustified then such termination shall be deemed a termination for convenience pursuant to Article 9. _3_Owner: Peabody Essex Museum Contractor:Abbot Building Restoration Company,Inc. Dated: March 3,2015 Contractor's Signature 11. Arbitration S.S. In the event the Owner is a party to any legal proceeding on account of any acts or conduct of the Contractor, the 11.1. A demand for arbitration shall not be made after the Contractor agrees to pay Owner all reasonable expenses date when the institution of legal or equitable proceedings including attorneys' fees and expenses incurred in connection based on the claim, dispute or other matter in question would with the legal proceeding and any damages assessed against be barred by the applicable statute of limitations. For statute of the Owner as a result of the Contractor's acts or failures to act. limitations purposes, receipt of a written demand for arbitration by the person or entity administering the arbitration shall constitute the institution of legal or equitable proceedings 9. Termination for Convenience. based on the claim,dispute or other matter in question. 9.1.The Owner may notify the Contractor to discontinue or 11.2. The foregoing agreement to arbitrate and other terminate all work or any part of the work for the convenience agreements to arbitrate with an additional person or entity duly of the Owner. Such notice shall be given to the Contractor in consented to by parties to this Agreement shall be specifically writing, and, thereupon, the Contractor shall discontinue such enforceable in accordance with applicable law in any court work or such part thereof as the Owner so designates. having jurisdiction thereof. 9.2. If the Owner notifies the Contractor to discontinue all, or 11.3. Any arbitration which takes place in accordance with any part hereof, the Owner shall pay, and the Contractor shall this Article 11 shall be held in Boston, Massachusetts unless accept as full payment for all work performed by the another location is mutually agreed upon. Contractor, payment for the work performed together with any actual reasonable expenses incurred by the Contractor as a 11.4. The award rendered by the arbitrator(s) shall be final, result of the termination of this Agreement. and judgment may be entered upon it in accordance with applicable law in any court having jurisdiction thereof. 9.3. The Contractor shall not be paid, and neither the Contractor nor any entity claiming through the Contractor, shall 11.5. The Owner, at its sole discretion, may consolidate an have any claim for loss of anticipated profits, for loss of arbitration conducted under this Agreement with any other expected reimbursement, or for any increased expenses arbitration to which it is a party provided that (i)the arbitration resulting directly or indirectly from the discontinuance of any or agreement governing the other arbitration permits all work. consolidation, (ii) the arbitrations to be consolidated substantially involve common questions of law or fact and(it) the arbitrations employ materially similar procedural rules and 10. Dispute Resolution. methods for selecting arbitrator(s). 10.1. The Owner and the Contractor agree that for all 11.6. The Owner, at its sole discretion,may include by joinder disputes under this Agreement, responsible persons selected persons or entities substantially involved in a common question by each party will meet together and use good faith efforts of law or fact whose presence is required if complete relief is to (including exchange of all necessary documentation)to resolve be accorded in arbitration, provided that the party sought to be the issue between them within fifteen (15) days of the written joined consents in writing to such joinder. Consent to request of either party. The parties further agree that, as a arbitration involving an additional person or entity shall not condition precedent to instituting arbitration proceedings constitute consent to arbitration of any claim, dispute or other against each other, they shall participate in non-binding matter in question not described in the written consent. mediation in Boston, Massachusetts pursuant to the Mediation Rules of the American Arbitration Association. 11.7. The Owner and Contractor grant to any person or entity made a party to an arbitration conducted under this Article 11, 10.2. Any claim, dispute or other matter arising out of or whether by joinder or consolidation,the same rights of joinder related to this.Agreement, subject to but not resolved by and consolidation as the Owner and Contractor under this Mediation, shall be subject to arbitration, which, unless the Agreement. - parties mutually agree otherwise, shall be administered by the American Arbitration Association in accordance with its Construction Industry Arbitration Rules in effect on the date of 12. Miscellaneous. this Agreement. A demand for arbitration shall be made in writing, delivered to all parties of this Agreement and filed with 12.1. This Agreement is intended to incorporate by reference the person or entity administering the arbitration. all applicable provisions of law which by law are required to be incorporated in this Agreement. 12.2. This Agreement and all attached Exhibits shall constitute the entire contract between the parties and shall supercede any proposal, agreements and representations _4 Owner. Peabody Essex Museum _,r/!/ Ck%s"�'►'�"°'r/ Contractor:Abbot Building Restoration Company,Inc. Dated: March 3,2015 Contractor's Signature made by the Owner and by the Contractor and may not be altered or amended in any respect except by writing duly executed by the parties hereto. 12.3. Any article or provision of this Agreement which maybe deemed in violation of law shall not affect in any manner the remaining provisions of this Agreement. 12.4. No action or failure to act by the Owner shall constitute a waiver of any right or duty afforded to it under this Agreement, nor shall any such action or failure to act constitute an approval of or acquiescence to any breach under this Agreement, except as may be specifically agreed to in writing by the Owner. 12.5. This Agreement shall be governed by and interpreted in accordance with the laws of the Commonwealth of Massachusetts. 12.6. The Contractor shall promptly re-issue, at no cost to the Owner, portions of or all of the design provided by the Contractor if(i)necessary to correct design errors or omissions found prior to or during the course of construction, (ii) necessary due to failure to follow written instructions of the Owner during any phase of design services or the construction of the Project, or (iii) necessary due to Contractor's failure to comply with the terms of this Agreement. The Contractor shall also be responsible for and shall indemnify the Owner for all additional costs incurred by the Owner, including additional construction and consultant costs, as a result of such errors and/or omissions and the additional time and/or work made necessary as a result of such errors and omissions and the Contractor's subsequent correction of the design. 12.7. The parties have negotiated this Agreement in good faith. Any ambiguities in the language of this Agreement are not to be construed or resolved against either party based on the fact that such party was principally responsible for the drafting of this Agreement. 12.8. Nothing in this Agreement shall create a contractual relationship with or a cause of action in favor of a third party against the Owner or the Contractor. 12.9. The Owner and the Contractor each represents and warrants that the execution and delivery of this Agreement has been duly authorized, that it has full power and authority to perform its obligations under this Agreement and that the person executing this Agreement on its behalf has full authority to do so. 12.10. This Agreement is not intended to create, nor should it be construed as creating an agency,joint venture, partnership or similar relationship between the parties. The Contractor will act solely as an independent contractor of the Owner and neither the Owner nor the Contractor will have the right to act for or bind the other party in any way as to represent that the other party is in any way responsible for any acts or omissions of such party. _5 Owner: Peabody Essex Museum Contractor:Abbot Building Restoration Company,Inc. ✓✓✓►►► Dated: March 3,2015 Contractor's Signature I�