38B-157 (2) 13. COMPENSATION. That for the consideration 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$ Six Thousand Seven Hundred Fifty and 00/100 dollars
Upon completion of this agreement, the PROGRAM will provide a Deferred Payment
Loan not in excess o f$ 6,750.00 to be applied as final payment for the completed rehabilitation
work. The balance of$ 0 shall be paid by the OWNER(S) to the CONTRACTOR.
14. EFFECTIVE DATE OFAGREE MENT. 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 deferred payment loan has received authorization to
proceed.
15. 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.
16. ALL CONTRACTORS agree to abide by the Material and Performance Standards.
-O�yner s Signature Date
"t
- -- - -- -
Owner's Signature Date
Owner's Signature Date
Owners Signati#le - Date - - -
Owner'.�Signature / Date
r}
Owner's Signature Date
Owner's Signature 61 T ate
7
Eon1 ctor' Sign lure �— ate
1
i f ,.
birector -Council do ging Date
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 subcontractor
and as to the specified quality of materials used therein,for a one-year period commencing upon
completion of this contract.
8. 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 indicated shall be considered null and
void.
9. 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.
10. The CONTRACTOR shall indemnify and save harmless the OWNER (S)from any and all
liability for any injun3 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 ofNorthampton 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 otherwise connected with such rehabilitation work.
11. 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
right 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).
12. 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.
u NORTHAMPTON COUNCIL ONAGING
HOME REPAIR PROGRAMAGREEMENT
By and between
William T Maginnis Roslvn A Marinnis, William T. Marinnis Jr.,Stephen My innis,
Diane M. Dostal Katherine E. Maginnis,Michael J. MaQinnis (Owners)
And
Ron Mistarka Home Improvements (Contractor)
Whereas the OWNER(S) desire to engage the CONTRACTOR to perform certain repair work on
the OWNER'S premises, the CONTRACTOR, OWNER, and PROGRAM,for the consideration
hereinafter named, agree as follows:
1. 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
Contractor's performance.
2. 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.
3. EQUAL OPPORTUNITY. The CONTRACTOR agrees to provide equal opportunity to all
persons, without discrimination as to race, color, creed, religion, national origin, sex, sexual
preference, marital status, age and status with regard to public assistance or disability.
4. UNACCEPTABLE RISK. The CONTRACTOR represents that at the time ofexecution
hereof, it is not listed on the Disbarred and Suspendable Contractors list o_f the US. Department
o f Housing and Urban Development.
5. LIST OFLUPROVEMENTS. 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 undertake.
6 SUBCONTRACTORS. The CONTRACTOR agrees that all the warranties contained herein
shall apply to all work performed under the Contract including that performed by
subcontractors.
7. METHOD OFPAYMENT. The CONTRACTOR may make applieation,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 fill, except for
an amount equal to 10%of 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.
Crzt of Nartliamptan r
M �
�tiS5NCl111SCt�S `��
DEPARTMENT OF BUILDING INSPECTIONS
INSPECTOR 212 Main Street * Municipal Building
Nordiamplon, MA 01060
r
HOME OWNER EXEMPTION ACKNOWLEDGEMENT
The State of Massachusetts allows the homeowner the right under 78OCMR 108.3.4 to
act as i,is/her construction sull,--: ,,isor. The state defines "Homeowner" as, " Person(s)
who owns a parcel on which he/she resides or intends to be, a one or two family
divelling, attached or detached structures accessory to such use and/or farm structures. A
person who constructs more than one home in a two-year period shall not be considered a
home owner."
The building department for the City of Northampton wants any person(s) who seek to
use the home owner exemption, to act as their own construction supervisor, to be aware
that by doing so you become responsible for compliance with state building codes
and regulations. The inspection process requires that the building department be called
to inspect work at various stages, which include foundation/footings (before backfill),
sonotube holes (before pour), a rough building inspection (before work is
concealed), insulation inspection (if required) and a final building inspection. The
building department requires these inspections before the work is concealed, failure to
secure these inspections can result in failure to obtain a certificate of occupancy
until the work can be inspected.
If the homeowner hires other trades to perform work (electrical, plumbing & gas) the
homeowner will be responsible to make sure that the trades hired secure their proper
permits in conjunction to the building permit issued, and that they get their required
inspections. Failure of the individual trades to secure the permits and inspections as
required can DELAY the project until such time as the proper permits and inspections are
made
I understand the above.
(Home owner/resident's signature requesting exemption)
I will call to schedule all required building inspections necessary for the building permit
issued to me.
Date
Address of work
location
lJallipfL>>I ( = 7
e
SECTION 8 CONSTRUCTION SERVICES -
8.1 Licensed Construction Supervisor: Not Applicable ❑
Name of License Holder :_ --
- License Number
-� -- -- --- --- E x p ra t i o n�e��- — ----------
Add' ss
Signature Telepho e
9 Registered Homeimpr'oveme"dt Codr . Not Applicable ❑
Registratioq Number
Com a��a-e /
Ar ess Expiry ion Date
Telephone L
SECTION 10-WORKERS' COMPENSATION INSURANCE AFFIDAVIT(M.G.L. c. 152, § 25C(6))
Workers Compensation Insurance affidavit must be completed and submitted with this application. Failure to provide this affidavit
will result in the denial of the issuance of the building permit.
Signed Affidavit Attached Yes....... ❑ No...... ❑
11: HomcOwnerExemption
The current exemption for"homeowners" was extended to include Owner-occupied Dwellings of one(1) or two(2)farni:ies
and to allow such homeowner to engage an individual for hire who does not possess a license, provided that the owner acts
as supervisor. CMR 780 Sixth Edition Section 108.3.5.1.
Definition of Homeowner: Person(s)who own a parcel of land on which he/she resides or intends to reside, on which there
is,or is intended to be, a one or two family dwelling, attached or detached structures accessory to such use and/or farm
structures. A person who constructs more than one home in a two-year period shall not be considered a homeowner.
Such"homeowner" shall submit to the Building Official, on a form acceptable to the Building Official, that he/she shall be
responsible for all such work performed under the building permit.
As acting Construction Supervisor your presence on the job site will be required from time to time, during and upon
completion of the work fer which this permit is issued.
Also be advised that with reference to Chapter 152 (Workers' Compensation) and Chapter 153 �111,iability of Employers to
Employees for injuries not resulting in Death)of the Massachusetts General Laws Annotated, you may be liable for person(s)
you hire to perform work for you under this permit.
The undersigned "homeowner" certifies and assumes responsibility for compliance with the State Building Code, City of
Northampton Ordinances, State and Local Zoning Laws and State of Massachusetts General Laws Annotated.
Homeowner Signature
r
SECTION 5- DESCRIPTION OF PROPOSED WORK(check all applicable)
New House ❑ Addition ❑ Replacement Windows Alterations) ❑ Roofing llc-
Or Doors ❑
Accessory Bldg. ❑ Demolition❑ New Signs [ ] Decks [ ] Siding [ ] Other ( ]
Brief Description of Proposed Work.
Alteration of existing bedroom —__-_ ?es _ No Adding new bedroom _ Yes _-- No
Attached Narrative ❑ � Renovating unfinished basement -- -Yes -_ No
Plans Attached Roll ❑ - Sheet D S C
6a. If-,Now h'ou"se'and=or addition to existing housing complete the following_
a. Use of building : One Family-- __ _ -_- T;:o Family-___ __ Other
b. Number of rooms in each family unit of Bathrooms
c. Is there a garage attached?----
d. Proposed Square footage of new construction Dimensions
e. Number of stories?
I. Method of heating? Fireplaces or Woodstoves Number of each _
g. Energy Conservation Compliance. Mascheck Energy Compliance form attached?
h. Type of construction ______
i. Is construction within 100 ft. of wetlands? _ Yes No. Is construction within 100 yr floodplain Yes_ __No
j. Depth of basement or cellar floor below finished grade _
k. Will building conform to the Building and Zonino egulations2 Yes No
I. Septic Tank___ City Sewer- Private well City water Supply
SECTION 7a - OWNER AUTHORIZATION - TO BE COMPLETED WHEN
OWNErtS AGENT OR CONTRACTOR APPLIES FOR BUILDING PERMIT
as Ov,,ner of "ie subject property
hereby authorize - - to a�" o`
- _-_—h �, ?wilding P� -- --- -_-- __ -
my behalf, in all matters relative to work n it �nri�.n ov ` permit aop!ication.
Signature of Owner _ Date
----------------
as Owners Authorized Agent
hereby declare that the statements and information on the foregoing application are true and accurate, to the best of my
knowledge and belief.
Signed under the pains and penalties of perjury.
-_----._._-----
Print Name
Sikr6ture wnerAgent -- Date
f
Section 4.
ALL INFORMATION MUST BE COMPLETED, or PERMIT CAN BE
DENIED DUE TO LACK OF INFORMATION
Existing Proposed Required by Zoning
This column to be filled in by
Building Department
Lot Size
Frontage
Setbacks Front
Side
Rear
Building Height
Bldg. Square Footage %
Open Space Footage
(Lot area minus bldg&paved
parking)
#of Parking Spaces
Fill:
volume&Location)
A. Has a Special Permit/Variance/Finding ever been issued for/on the site?
NO DON'T KNOW YES
IF YES, date issued:
IF YES: Was the permit recorded at the Registry of Deeds?
NO DON'T KNOW YES _
IF YES: enter Book _ _ Page and/or Document #
B. Does the site contain a brook, body of water or wetlands? NO Lj KNOW
YES
IF YES, has a permit been or need to be obtained from the Conservation Commission?
Needs to be obtained Obtained Date Issued:
C. Do any signs exist on the property? YES _ NO
IF YES, describe size, type and location:
D. Are there any proposed changes to or additions of signs intended for the property ?YES _
No
IF YES, describe size, type and location: __
-� w of Northam Eton Status of Permit �v
' � '! � �•I In [�: � trt_i��ent Curb Cur/Dn�ewa ermltt�.� ,�� � ��
t fv1U r +,reet Sewer/,Se tre'Availab'rllt
,o I '� �': i 0 n
7 � 6, �r Water%Well Avarlabllrty
KN 1 Nor Iiar tori, MA. 01060 T�ro`Se,
ts of Structural PJans��� ��r g � '
hhol 3- 87 f ax 4 1 587 1 '?72 Plot/Site Plans �
c
Other,Specrfy=
e
1
APPL1,CATI-0N TO CONSTRUCT, ALTER, REPAIR, RENOVATE OR DEMOLISH A ONE OR TWO FAMILY DWELLING
SECTION 1 - SITE INFORMATION
1.1 Property Address:
This section to be completed by office
Map Lot Unit
/Lc ,� 1J� C�. Zone Overlay District
Elm St. District
_-`-- ,— - _-- ---- CB District-
SECTION 2 - PROPERTY OWNERSHIP/AUTHORIZED AGENT l
2_.1 Owner of Record:
I
,Farr,i,f nn,) Address.
j 2_.2_Authorized_Agent:
-
I SECTION 3 - ESTIMATED CONSTRUCTION COSTS
Item slim ted (dollar ) to bf: Official Use Only
comp( d thv l7e-,-r t <I sl c a It y
wilding (a' E5,iiiding Permit Fee
f
- 'h Total Cost of
from
r I
Buildin , Permit Fee r
I
5. Fire Protection
6. 1-0 tal = t- + 2 + 3 + ZI j Ch-cx Number
This Section For Official Use Only
Building Permit Number: Date Issued:`—
LSignature: -
Build g Coin mmissioner/InspcCtor 3f 3 idin
lgs Date
10 MADISON AVE BP-2004-0592
GIs#: COMMONWEALTH OF MASSACHUSETTS
Map:Block: 38B- 157 CITY OF NORTHAMPTON
Lot: -001
Permit: Building
Category: BUILDING PERMIT
Permit# BP-2004-0592
Project# JS-2004-0845
Est. Cost: $6750.00
Fee: $25.00 PERMISSION IS HEREBY GRANTED TO:
Const. Class: Contractor: License:
Use Group: Ronald Mistarka 118693
Lot Size(sa. ft.): 6795.36 Owner: MAGINNIS WILLIAM JR&STEPHEN
Zoning:URB Applicant: Ronald Mistarka
AT. 10 MADISON AVE
Applicant Address: Phone: Insurance:
P 0 Box 205 (413) 575-1271
NORTHAMPTONMA01061 ISSUED ON:11118103 0:00:00
TO PERFORM THE FOLLOWING WORK.STRIP & SHINGLE FRONT 1/2
POST THIS CARD SO IT IS VISIBLE FROM THE STREET
Inspector of Plumbing Inspector of Wiring D.P.W. Building Inspector
Underground: Service: Meter:
Footings:
Rough: Rough: House# Foundation:
Driveway Final:
Final: Final:
Rough Frame:
Gas: Fire Department Fireplace/Chimney:
Rough: Oil: Insulation:
Final: Smoke: Final:
THIS PERMIT MAY BE REVOKED BY THE CITY OF NORTHAMPTON UPON VIOLATION OF
ANY OF ITS RULES AND REGULATIONS.
Certificate of Occupant Signature:
FeeType• Receipt No: Date Paid: Check No: Amount:
Building 11/18/03 0:00:00 1620 $25.00
212 Main Street,Phone(413) 587-1240,Fax: (413)587-1272
Building Commissioner-Anthony Patillo