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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 ` '