32C-250 (5) My parents were not physically able to inspect the work as it
progressed , so it was very important that they found a way to get
the job done and still have a means of ensuring the quality was
monitored. By going through an agency set up to assist the elderly
which uses inspectors to monitor and pass on the quality of the
work performed, they (and I) thought they would be safe in getting
the rehabilitation work done without being ripped off because they
were vulnerable. Unfortunately, this was not the case; it is hard
to believe that either the agency or the inspector fulfilled its
responsibilities in this case .
I recommend that a foundation with ventilation ports be put
under the floor of the room rebuilt . Since Thayer Street did not
follow the original specifications , and since your inspector
approved the job done even though it was clearly not done correctly
and even violated the specifications , then any costs to have the
foundation installed should be borne by Thaver Street and/or your
agency. Please advise both myself and my parents exactly what you
intend to do to correct this terrible situation and the timetable
for the corrective actions . I also recommend that contractors
being used by your program be more thoroughly screened, their work
monitored much more closely_ (including during the work, not only
after job completion) , and that competitive bidding procedures be
implemented immediately.
I originally intended to send a copy of this letter to the
Mayor and to agencies supplying the grant monies for this program ,
but thought it would be better to give you an opportunity to clear
this matter up in-house before my taking such action. I am looking
forward to hearing from you as soon as possible .
Sincerely,
Stanlev P. Jaskolka
have been more wrong. What do my parents have to look forward to?
They have a $10 , 000 loan for a job that won ' t last more than a few
years . The floor in the room will rot out quickly or be eaten by
termites .
While the total lack of foundation is the most significant
problem, it is not my only concern with both the job itself and the
procedures used. Below is a list of the more important of those
issues :
* * There was no competitive bidding process for this job.
Thaver Street Associates was the only "bidder" .
** I talked to my parents Thursday, April 18th . They had
someone look under the floor of the room. There are only
three concrete piers supporting the room. The floor is
"tied into" the house foundation. How could this
concrete work possibly cost $1 , 100? For that amount a
block wall could have been built and a foundation slab
laid. Vern Harrington of Thayer St . did come out and
pushed some dirt up against the building to cover up the
holes .
** The floor itself is not adequately nailed down.
** The job took two months to complete ; the contractor left
for other jobs in the middle of doing the work at my
parents ' home and allowed materials and the structure to
get wet . This is clearly not the procedure to follow
during winter construction. The job should have been
finished in approximately two to three weeks .
** We cannot tell if treated lumber was used. Given the
nature of the work, treated lumber should have been used
for the job.
** The $700 entry door had only two hinges . A 36" door
should have three . Also, the door cost nearly three
times what would be a reasonable cost .
** The windows installed in the job are mismatched. Whv
didn' t they use windows that at least matched?
** When the finish carpenter came , he had to rehang the
windows and the doors . In addition, he had to replace
the door latch because it was not possible to close the
door completely. He also had to redo some of the window
trim because it was so poorly done .
** The overall poor final, appearance of the job troubles me
greatly, not only because is was so shoddily done , but
also because it makes me very concerned about the
questionable quality of the work that cannot be seen.
2415 North 45 Ave .
J IN111 19 Omaha , NE 68104
April 23 , 1991
Ms . Ruth Vigeland DEFT OF BUILD INGINSPECTIONS
Home Repair Program NORTHAMPTON.K4 QI060
Office on Aging
240 Main Street
Northampton, MA 01060
Dear Ms . Vigeland:
I am writing you in regards to the work that was done on my
parents ' home through the Home Repair Program run by the Office on
Aging. My parents are Mr. and Mrs . Stanley N. Jaskolka and live
at 52 Holyoke St. , Northampton. I was in Northampton last week and
had my first opportunity to see the results of the work performed
under the rehabilitation contract. The work was very poorly done
and does not even meet the original specifications called for in
the contract . The following day, April 12 , 1991 , I went to see you
and Mr . Frank Sienkiewicz , but you were both gone for the day and
not expected to return until Tuesday, April 16 . Unfortunately,
that was the day I had to return to Omaha .
I am very upset with the quality of the work performed by
Thayer Street Associates . When I inspected the exterior , there was
absolutely no foundation, even though this was listed in the
original specifications and Thayer Street was paid $1 , 100 for
concrete work. Dirt was simply pushed up against the walls , and
it had already begun to wash in spots . There was also evidence
that animals are. digging under the floor of the structure. It is
true that a deck would not require a foundation; however, a room
such as this certainly does .
When I was at Mr. Sienkiewicz ' s office, I inquired into the
inspection procedures that are used to monitor and evaluate jobs
such as this one. I asked if a permit had been taken out and was
told a permit had been issued, but no follow-up inspection had been
performed. Why not? The only reason I can see is that the work
done could not have passed even a cursory inspection.
On the approval letter my parents received at job' s "end" , was
a signature by the Rehabilitation Inspector, Mr. George Emery. I
called his office Tuesday morning, April 16 , before I had to leave
for Omaha , and he came out to look at the work. He acted quite
upset with what he saw and said something would have to be done to
correct the situation. Please explain how he was able to approve
the very same job in January.
Contractors taking advantage of senior citizens is a common
practice. The situation we have her, and what infuriates me, is
that a city of Northampton agency was involved and even inspected
the job. Since the City was involved, I had felt secure the job
would be done properly and in a professional manner. I could not
1 «
12 . The CONTRACTOR shall indemnify and save harmless the OWNER(S)
from any and all liability for any injury or damages to persons or
property resulting from the prosecution of work under this CONTRACT.
The undersigned shall have no claim against the Department of
Housing and Urban Development, the city of Northampton or any person
acting on behalf of them, for any action taken pursuant hereto to
the completion of this contract. However, nothing herein shall be
deemed to affect such rights of the aforementioned to lay claim
against any CONTRACTOR for breach of contract of for actions other-
wise connected with such rehabilitation work.
13 . DISPUTES. The PROGRAM shall, within a reasonable time,
make decisions on all claims of the OWNER and CONTRACTOR and on all
other matters relating to the execution and progress of the work or
the interpretation of the Contract Documents. The Program retains
the fight to interpret contract documents and disputes arising
therefrom. All decisions rendered by the PROGRAM hereby shall be
final and binding on the OWNER (S) and the CONTRACTOR(S) .
14. WORKMANSHIP. The work hereunder by the CONTRACTOR shall be
executed as directed by the proposed work items and materials and
performance standards in the most sound, workmanlike manner.
All materials shall be new unless otherwise expressly set forth
in the work specifications.
15 . COMPENSATION. That for the considerations named herein,
the CONTRACTOR proposes to furnish all the materials and do all the
work described in, and in accordance with, this Contract for the
sum of Twelve thousand nine hundred dollars ($ 12, gnn _ nn ) •
Upon completion of this agreement, the PROGRAM will provide
a grant not in excess of $ 54000. 00 to be applied as
final payment for the completed rehabilitation work. The balance
of $ 7 , 900 . 00 shall be paid by the OWNER(S) to the CONTRACTOR.
16. EFFECTIVE DATE OF AGREEMENT. This AGREEMENT shall not
become a Contract binding upon the parties connected until these
parties have properly signed this AGREEMENT and the CONTRACTOR
for the respective grant has received authorization to proceed.
17 . All contract prices are final . They are firm quotes, not
estimates. No changes will be allowed on the work as bid unless
authorized by the PROGRAM.
18 . ALL CONTRACTORS agree to abide by the Material and Performance
Standards.
"Owner Sign _ re D�^ a�ate
r3- —_,
owner Signature ` %Date � r
t,
'L • `r
6. LIST OF IMPROVEMENTS. The CONTRACTOR acknowledges that he has
reviewed the list of the Proposed Work Items (attached herein) and
that such list is accurate and consistent as to scope of work,
Contractor' s proposal and the work which the Contractor will under-
take.
7 . TIME FOR PERFORMANCE. The CONTRACTOR shall commence with the
work to be performed under this Agreement within 14 days from
the date of the Agreement and shall complete said work on or before
December 1 , 1990 being 30 days. Extra time may be needed.
8 . SUBCONTRACTORS. The CONTRACTOR agrees that all the warranties
contained herein shall apply to all work performed under the Contract
including that performed by subcontractors.
9. METHOD OF PAYMENT. The CONTRACTOR may make application for
payment as soon as work has been completed. Final payment shall
include the releases of any liens by subcontractors, laborers and/or
material suppliers. Upon approval of the completed rehabilitation
by the OWNER and the PROGRAM, the contract shall be paid in full,
except for an amount equal to 10% which will be held for 30 days
after completion of the work unless waived by the PROGRAM.
Acceptance of final payment by the CONTRACTOR shall constitute
warranty by the said contractor that any and all mechanic ' s liens
arising from this contract have been released.
That all amounts due and payable by the OWNER to the CONTRACTOR
for the work performed shall be payable within a reasonable period
of time after the work is satisfactorily completed, inspected and
approved by the OWNER and the PROGRAM.
As a condition to receiving final payment hereunder the
CONTRACTOR shall deliver to the OWNER a warranty covering all work
performed hereunder to the effect that such work shall be free from
defects arising from the workmanship of the CONTRACTOR or any sub-
contractor and as to the specified quality of materials used therein,
for a one-year period commencing upon completion of this contract.
10. CHANGES. It is agreed by the parties hereto that, after the
Contract signing, no changes can be made to the work listed in the
Cost Estimate or in any addendum unless approved by an amendment
to the contract and endorsed by the OWNER, CONTRACTOR, and the
PROGRAM. Any agreement or amendment not signed as heretofore
incidcated shall be considered null and void.
11 . COOPERATION. That the OWNER (S) shall cooperate with the
CONTRACTOR to facilitate the performance of the work. The CONTRACTOR
shall keep the premises clean and orderly during the course- of --the
work and remove all debris upon completion of the work. Materials
and equipment that have been removed or replaced as part of the work
shall belong to the CONTRACTOR.
-2-
NORTHAMPTON COUNCIL ON AGING
HOME REPAIR ASSISTANCE PROGRAM
AGREEMENT
By and between the City of Northampton
and
Stanley Jaskolka (Owner)
and
Vern Harrington (Contractor)
This AGREEMENT made this 16th day of October , 19.90_, by and
between the City of Northampton, hereinafter called the PROGRAM
and Vern Harrington having a principal place of business
located atl6 Thayer St. , S. Deerfield hereinafter called the CON-
TRACTOR, and Stanley Jaskolka residing at 52 Holyoke St. , Northampton
hereinafter called the OWNER(S ) .
Whereas the OWNER(S ) desire to engage the CONTRACTOR to perform
certain repair work on the OWNER ' s premises listed above , the
CONTRACTOR, OWNER and PROGRAM, for the considerations hereinafter
named , agree as follows :
1 . HOLD HARMLESS . The CONTRACTOR shall agree to defend , indemnify ,
and hold harmless the OWNER, PROGRAM and City of Northampton from
liability and claim for damage , sickness , disease , or loss and
expense arising from the Contractor ' s performance under this Agree-
ment to install or construct home improvements . The CONTRACTOR is
acting in the capacity of an independent contractor and shall not
be considered an employee or representative of the City of Northampton .
2 . LABOR AND MATERIALS . The CONTRACTOR agrees to protect , defend,
and indemnify the OWNER from any claims for unpaid work, labor ,
or materials with respect to the Contractors performance .
3 . PERMITS AND CODES . The CONTRACTOR agrees to secure and pay for all
necessary permits and licenses required for Contractor ' s performance
with applicable local codes and requirements , whether or not covered
by the specifications and drawings for the work .
4 . EQUAL OPPORTUNITY . The CONTRACTOR agrees to provide equal oppor-
tunity to all persons , without discriminationas to race , color , creed ,
religion , national origin , sex , sexual preference , marital status ,
age and status with regard to public assistance or disability .
5 . UNACCEPTABLE RISK. The Contractor represents that at the time of
execution hereof , it is not listed on the Disbarred and Suspendable
Contractors list of the U . S . Department of Housing and Urban Develop-
ment .
-1-
ofd, - - _
ISSUE DATE IMM/DD/VYI
PRODUCER
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS
d I r- CU t t I n3 and _-3m I t h T.n� UPON THE CERTIFICATE HOLDEP .IS CEPTIP.CATE JCES',Ot AMEND EXTENDOR ALTER THE
71 S�l u t h r' I e a s a n t S t . cOVEPAGE AFFORDED^BY THE POLICIES BF L :.
Arnrler-=,t MA r,ir�l��:'_ COMPANIES AFFORDING COVERAGE
�OMPA,Y A
NSUPED
COMPA^..
T rl ayet- Eat "e tet A5 mill_ 1 ate a —
:OMPANY
1 Y_, rtn a'y e l" S t r-e e t _ETTEP 1.
(;MPANY
nlltli D e r?rf i e i j ;:.ip i_t.l= _ JE EP
E TETEA
TG E
• Me
'HIS IS TOCERTIF'Y THA-PCB:C'E9,._ NSUPANC S "C BE-C,.1 A E PEE'. SS wuPC-.•.�•�= P'. P _
/°F CICA'ED NOT':JITHSTAN
DING ANY REOUIREMENT TER'd CP CCNG'TION OF AN,CON`RACT CP G e JJI.J'dt".'.. pE��per'• .. _ �, ac .JE:"�CP MAY PERTAIN THE
INSURANCE AFCCRDED 6Y'-.E PO'_ ..ES DESCRIP.c7 HEPE'. .SJB-EC
CC TYPE OF NSURANCE POL'C-Y'1uMBE❑
L �A-E ✓D Y; ~�.A r ALL LIMITS IN THOUSANDS
I
I
GENERAL LIABILITY
C,ps.:oGREGTE
R :SANG:4jURY J
.GE DNE-,PE is
_EcPEnajE PERSON, C�
AUTOMOBILE LIABILITY
s
$
EXCESS LIABILITY EACH AGGREGATE
OCCURRENCE
WORKERS'COMPENSATION i
AND
EMPLOYERS'LIABILITY
OTHER
I
I I
I
i
I I
,
I DES
CPI PIT ION N OF OPEPLT;:NS ''� DNS E 1�.� E 7^iC
�' • • •
4E CANCELLED BEFORE THE EX
^�l Iri I EIf{.Itii f_Ii'� CI_IUN _ L
CCMPANY WILL ENDEAVOR TO
—Z HO R NAMED O THE
LDE T 1 ii ` 1 � '- NO OBUG N OR
ATIO TH r'-..iNl TL_I:. r'!:'. � ` R REPRESENTATIVES
I ulring & Smith
- : IL%:,:_,= ; _ ? `insurance Agency Corp.
INSURANCE REQUIREMENTS
1. Workmen's Compensation and other benefits as required under
Chapter 152 of the Laws, as amended, and Section 34A of Chapter
149 of the General Laws.
2. Employer's Liability with a limit of at least $300,000 each
accident.
3 . Comprehensive Public Liability including Contractor's Liability
as applicable to the Contractor's obligations; Elevators (if any
on the Work) : Completed Operations and Products Liability: all on
the occurrence basis with Personal Injury coverage and Broad Form
Property Damage. Completed Operations Liability shall be kept in
force for at least two years after the date of final completion.
Personal Iniury and Accidental Death - General Liability
Each person/aggregate $100, 000/$500, 000
Property Damage - General Liability
Each Occurrence/aggregate $100,000/$500,000
Personal Iniury - Automobile Liability
Each person/aggregate $100, 000/$500, 000
Property Damage - Automobile Liability
Each Occurrence/aggregate $50, 000/$100, 000
certificate by corporation to Sian Contract
A-t� a duly authorized meeting of the Board of Directors of the
I kaoec- ( iiree+ C. held on `/o
(Name of Corporation) (Date)
At which all the Directors were present or waived notice, it was
voted that,
1 //'�
Ver�aN t-tar�� �otti reSlC;
(Name) (Officer)
of this company, be and he hereby is authorized to execute
contracts and bonds in the name and behalf of said company, and
affix its Corporate Seal thereto, and such execution of any
contxact or obligation in this company's name on its behalf by such
erlw" under seal of the company,
(Officer)
shall be valid and binding upon this company,
A TRUE COPY
ATTEST• A
(Clerk)
PLACE OF BUSINESS 6; er
S6, fee WUV ff7,4 D/ 12 3
DATE OF THIS CONTRACT r �-f�� 190
I hereby certify that I am the clerk of the 1f 79fi
that �^
is the duly elected 06(114T . of said
company, and the above vo has not been amended or rescinded and
remains in full force and effect as of the date of this contract.
(Clerk) (Corporate Seal)
Tax Coanliance Certification
• Pursuant to K.G.L. Chapter 63C, Section 49A, I certify under the
penalties of perjury that I, to my best knowledge and belief, have
filed all state tax returns and paid all state taxes required under
law.
cy
Social Security Number or Sign ura of Individual or
Federal Identification Number Corporate Name
by-
Corpor2tte Officer
(if applicable)
1
BID FORIi
For all parts, materials and labor to complete the
construction and or repairs as specified in the attached bid
documents the sum of S 1�.�.4 vv , CC_ is bid.
The undersigned certifies under�
g penalties of 'perjury that this
bid or proposal has been made and submitted in good faith' and
without collusion or fraud with any other person. As used in this
certification, the word "person" shall mean any natural person,
business,_ partnership, corporation, union, committee, club, or
other organization, entity, or group of individuals.
(Name of person}.-signing bid or proposal)
(Name of Business)
Address
City of Northampton
Council on Aging
Home Repair Assistance Program
Hid request:
Name : 5TR N�.C' ! jR��,�t<A I .D. #
Address:
Contractors notified:
1 . Name:
Company : ,
Address : � �xri� �'*f-Y � �. � ��t�� �l• � �, ���
Phone : i.,(, j-r_:..c
Amount :
A/R :
Comments : t 3
2 . Name :
Company :
Address :
Phone : � �,_ _ Z t +,
Amount :
A/R .
Comments : J
3 . Name:
Company .
Address : ,
Phone :
Amount:
A/R :
Comments : ��t u ��. 1 �� go
Com ents : 2 •O-U
n C Q
Signature Title Date
NORTHAMPTON
COUNCIL
ON AGING
HOME REPAIR PROGRAM
240 MAIN ST. 01060
8 :30-4 :30 M-F 586-6950
DATE 8/27/90
ESTIMATE FOR JASKOLKA, STANLEY AND ESTELLE
ADDRESS : 52 HOLYOKE ST.
PH. 584- 8951
REPAIRS NEEDED:REBUILD ATTACHED ANNEX TO INCLUDE HANDICAP ACCESS
AND FEATURES .
OFFICE USE ESTIMATE :
TEARDOWN,EXCAVATE, HAUL-AWAY
4 FEET FROST WALL,SLAB ,
SUPPORTS ,ROOF STRUCTURE ,ROOF
FRAMING AND TEXTURED PLYWOOD ,
EXTERIOR WALLS .
ACCESS THROUGH PANTRY&DOOR
ELECTRICAL CIRCUIT (ROUGH IN)
TOTAL
� arms Anb Qonbitions
Oft AG=Ua6etween the City of Northampton,a Municipal Corporation in the County of Hampshire,
and the State of Massachusetts acting through its Office of Purchase and its Purchasing Agent and Vendor.
IlTht85s'that the consideration hereinafter mentioned,the Vendor hereby agrees to furnish and deliver,at
such places and at such times as shall be designated by the City,in accordance with the proposal and specifi-
cations as outlined on the attached proposal or document executed by said Vendor.
AWUMIt shall be enforced for the period stated by said City or as stated in the proposal which is in-
corporated herein by reference.
Off!-5 AW=taltshall not be altered in any particular without the consent of all parties to this Agreement
endorsed hereon unless the City Council shall otherwise order,and all alterations must be in writing and
authorized by the Mayor and a majority vote of the Board,Agency,or Committee signing this Agreement.
All payments for any work done under any such alteration shall be made at the time of the final payment on
this contract,unless otherwise authorized by the City Council,which authorization shall be specified in the
modification to this Agreement.
*s AwmUnt is not effective until signed by the Mayor of said City.
P `h hereby agrees with the Vendor to pay for said commodities/services at the times and in the
manner specified in said proposal.
`*!s &Tlh-4d shall be deemed to be a Massachusetts contract and its interpretation and construction shall
be governed by the Laws of Massachusetts and the Charter and Ordinances of the City of Northampton.
UWbar expressly warrants that said commodities/services,at the time of delivery,shall be
reasonably fit for the purpose for which they are intended and shall be merchantable in quality and shall be
free from all defects.
dcw
VMbQralso agrees to pay all Federal or State sales taxes(if any)that may be imposed on any
articles of personal property purchased under this contract,but this provision shall in no way effect the right
of the Vendor in making any claim to the Federal Goverment that sales taxes cannot be collected by the
Federal Goverment on articles sold to a Municipality.
�bx Or hereby certifies under the penalties of perjury that, to the best of their knowledge has
filed all State tax returns and paid all State taxes required under law. This provision is in accordance with
M.G.L.Ch.62C,Sec.49A.
3a U i t n 8 s s U h 8 r$ D f the City caused these presents to be signed in sextuple(6)and ap-
proved by DAVID B. MUSANTE, ]R.,its Mayor and the said Vendor has caused these presents to be
signed in sextuple(6)and its official seal to be hereto affixed by its officer or agent thereunto duly authorized
(by the attached corporate resolution). This instrument shall take effect as a sealed instrument.
s
U
°-u oHTHAMPTON
HALL AGREEMENT NO.
9 t IN STREET
NORa ,MASSACHUSETTS 01060 _ 17-- y
D�f
TEL H (413)586-6950
OF$UILOING INSPEG7Ina
M JIM P1UN MA 01-b
FOR OFFICIALUSE
AGREEMENT FOR: Housing R habi t i a ion
AGREEMENT DURATION: 30 Days BID NUMBER;
AGREEMENT VALUE: $5, 000 . 00
VENDOR NUMBER:
PERFORMANCE BOND: NA
VENDOR:
Thayer St. Associates DAM-
16 Thayer Street BUDGET CODS
South Deerfield, MA 01373
WVENDOR DATE BID FILED WITH CITY Q.ERK-
TELEPHONE:( 413 ) 665-4018
The Vendor hereby acknowledges acceptance of the terms and conditions contained in this Agreement and in the
following named attachments: Bid Form, Certificate by Corporation to Sign
W` Contract, Tax Compliance Certification, Insurance Requirements
Contractor' s Insurance Form, Bid Spec, Contract for Housing
Rehabilitation Program.
FQR THE VENDOR'
VENDOR: / �•<, DATE:
(Authon d Sign )
N.s f 0 i TITLE: ` i �_ CORPORATE SEAL
NAME G _
(Please type or print)
. C-
(Sodal Security or Federal Identification Number)
CQUTrcl. ran':Aging y FOR THE CITY
AGENCY: NAME:
DATE
CITY D R,as to appropriation
DATE
PURCHASING AGENT
DATE
C TY OLICI OR,as to'for
MAYOR DATE
SIGNATURES
Official 00liPur/5/87
• • •!r C
cc
3 n o 0
v 40
5 Rl�,��
a
a
CL
as
N ;
f 0
v D{ t
m
f �
A
m d �
N 0-0 rom W
E H m 0
�& cm 13 h=0 ON~zcon_m C m a YC o0`°_m•t`'''O,C E
"O
v xm
ivq oL
�'�K Jw 1?\'�•c
N Q m(ayp
•`3 b'��+
Q Z«
\i
z c IMPORTANT MESSAGE E 'a W o
p m
C >
y0 � W m
D W A.M. o a c
DATE �Q z TIME ` a o EE r a F
CyW 0
*
m z WHILE OU WERE OUT
m W Ci
M n a
0,A 11 U a cc U w m m
OF - - i mom ►' a ` ao Qm
o
Area Code m �C=
Exchange Cr s
TELEPHONED PLEASE CALL W o•-
u m CALLED TO SEE YOU WILL CALL AGAIN W
WANTS TO SEE YOU URGENT W
mpO«
~
RETURNED YOUR CALL s
oLLM8838ge CAUL « W 0
am
r.tu r c \\E No m'w U 5, Cl)
'
-
�
f
E °
W z m t m0 O
Operator `
'