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Contract #: 009164 - From: To: - Architect-Design Services - Exception
E.L. MANN, PC RTIF ED PUtwe At COUNTAWS .� tTr runrtzrti , AuditoM nrld esirrt:ss G*?nsutw+rrs February 26, 2014 Mr. Raymond Santilli ,Asst. Town Manager Town of North Andover 120 Main Street North Andover, MA 01545 Re: Central Fire Station, Dear Mr. Santilli of nal Accounting please be advised that we ha �� of Doitharn & �weetae}<� Inc 1nn� �� ection with Controls prepared by the xnanagemt atement is required under M.GL c.30 section 39R, the above captioned project. T.h%slsmanagement axe consistent . wit our evaluations of In our opinion, representataons the system of internal accountingtions rolsand assetsIn din the amount which would be. reasonable with respect to Iran material when measured in relation to the firma s financial statements' very truly yaurs., r Edward Liss Mann, CPA: CDMA E. L. MANN, PC Tae r'F orRAUST RO"'NG 12_90 i)re ster Roid, Suite 3W 1 �n,ir►gi asre, MA {3170 4 Tet St3 Sid< CNi aa� 1�3 7`1.179-4 Donhatn & Sweeney Brett Donham , Principal. AIA ARCHITECTS Jeff Shaw, Principal, ALA LEED All C.Christxipher L.at an, Associate, AIA February 18, 2014 Ray Santilli Assistant Town Manager Town of North Andover 120 Main Street North Andover, MA 01845 Re: North Andover Central Fire Station Dear Mr. Santilli: This Statemtent of Internal Accounting Controls is being submitted in accordance with Section 19(d)(2) of the Agreement for Design Services for the above -captioned project. Please be advised that our firm, the Designer under the Agreement, has in place a system of internal accounting controls which assures that: 1. Transactions are executed in accordance with management's general and specific authorization; 2. Transactions are recorded as necessary to permit preparation of financial statements in conformity with generally accepted accounting principles, and to maintain accountability for assets; 3. Access to assets is permitted only in accordance with management's general or specific authorization; and 4. The recorded accountability for assets is compared with the existing assets at reasonable intervals and appropriate action is taken with respect to any difference noted. Please feel free to contact me if you have any questions regarding this matter. Sincerely, Stuart Goldman, CPA Chief Financial Officer 68 Ilarrison Avenue 4 1lead Tide Church Rd. Boston MA 0211 l Post Office Box 265 617 423 1400 A I n a ME 04535 don ha man dswecncv.coin 2 0 7 5 8 6 6 00 0 Santilli, Ray From: Santilli, Ray Sent: Monday, January 13, 2014 8:57 AM To: 'stuart@cpa-boston.com' Cc: Jeff Shaw; 'Brett Donham' Subject: FW: Donham & Sweeney Contract Attachments: CHM.PDF Please see below comments by Town Counsel regarding the statutorily required CPA certifications. Thanks Ray Santilli Assistant Town Manager Town of North Andover 120 Main Street North Andover, MA 01845 Phone 978.688.9516 Fax 978.688.9556 Email rsantilli@townofnorthandover.com Web www.townofnorthandover.com From: Carol McGravey [mailto:chmCabuf-law.com] Sent: Friday, January 10, 2014 11:08 AM To: Santilli, Ray Subject: FW: Donham & Sweeney Contract Ray, The CPA certifications attached to the contract do not contain the language required by statute. Attached are forms for the letters that should be used. Thanks Carol Please note the Massachusetts Secretary of State's office has determined that rnost emails to and from municipal offices and officials are public records. For more information please refer to: http://www.sec.state.ma.us/ore/preidx.htm. Please consider the environment before printing this email. A`C�RO® `./ CERTIFICATE OF LIABILITY INSURANCE DATE (MMIDD/YYYY) 1/7/2014 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(les) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER Eastern Insurance Group LLC 233 West Central Street Natick MA 01760 CONTACT SC NAME: PHONE(508) 651-7700 FAX, o DAO RLE INSURERS AFFORDING COVERAGE NAIC # INSURER A .Hartford Fire Insurance Co. 19682 INSURED DONHAM & SWEENEY INC 68 HARRISON AVE FL 55 BOSTON MA 02111 INSURER B: INSURER C : INSURER D: INSURER E: INSURER F : CnVFRArFS CERTIFICATE NIIMRFR-CL141726049 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE ADDLSUBR Town of North Andover POLICY NUMBER POLICYEFF EXP MM/DDY LIMITS A GENERAL LIABILITY X COMMERCIAL GENERAL LIABILITY CLAIMS -MADE Fx_] OCCUR }[ 08SEADLO249 /1/2013 /1/2014 EACH OCCURRENCE $ 2,000,000 DAMAGE TO REN= ccurrence $ 300,000 PREMISES Ea occurrence) MED EXP (Any one person) $ 10,000 PERSONAL 8 ADV INJURY $ 2,000,000 GENERAL AGGREGATE $ 4,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: I—XI POLICY PRO LOC PRODUCTS - COMP/OP AGG $ 4,000,000 $ `a' AUTOMOBILE LIABILITY ANY AUTO ALL OWNED SCHEDULED AUTOS AUTOS X HIRED AUTOS X NON -OWNED AUTOS 8SBADLO249 /1/2013 /1/2014 EDacccl den SINGLE LIMIT 2,000,000 BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ PROPERTY DAMAGE $ Per. accident UMBRELLA LIAB EXCESS LIAB OCCUR CLAIMS -MADE EACH OCCURRENCE $ AGGREGATE $ DED I I RETENTION $ $ WORKERS COMPENSATIONWC AND EMPLOYERS' LIABILITY Y / N ANY PROPRIETOR/PARTNERIEXECUTIVE ❑ OFFICER/MEMBER EXCLUDED? (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below N / A STATU- OTH- E.L. EACH ACCIDENT $ E.L. DISEASE - EA EMPLOYE $ E.L. DISEASE - POLICY LIMIT $ DESCRIPTION OF OPERATIONS / LOCATIONS I VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space Is required) Town of North Andover is Additional Insured with respect to the Liability CERTIFICATE HOLDER CANCELLATION ACORD 25 (2010/05) ©1988-2010 ACORD CORPORATION. All rights reserved. INS025mmonsini Tho Amnon name anri Innn arc rcnictcrcri marlrc of ArC)Pn SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Town of North Andover ACCORDANCE WITH THE POLICY PROVISIONS. 120 Main Street AUTHORIZED REPRESENTATIVE North Andover, MA 018455' Stacey Brice/KBALDY ACORD 25 (2010/05) ©1988-2010 ACORD CORPORATION. All rights reserved. INS025mmonsini Tho Amnon name anri Innn arc rcnictcrcri marlrc of ArC)Pn A�� �® CERTIFICATE OF LIABILITY INSURANCE DATE (MMIDD/YYYY) 1/7/2014 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(les) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER Eastern Insurance Group LLC 233 West Central Street Natick MA 01760 CONTACT SC NAME: PHONE (508) 651-7700 FAc o E-MAIL .ADDRESS: INSURERS AFFORDING COVERAGE NAIC # INSURERA:Hartford Fire Insurance Co. 19682 INSURED DONHAM & SWEENEY INC 68 HARRISON AVE FL 5 BOSTON MA 02111 INSURER B: INSURER C: INSURERD: INSURER E: INSURER F : COVERAGES CERTIFICATE NUMBER:CL141726049 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR OF INSURANCE L ADDTYPE SUBR ma POLICY NUMBER MMIDDY EFF MM/DDS LIMITS A GENERAL LIABILITY X COMMERCIAL GENERAL LIABILITY CLAIMS -MADE FZ OCCUR X 08SBADL0249 /1/2013 /1/2014 EACH OCCURRENCE $ 2,000,000 DAMAGE TO RENTED PREMISES Ea occurrence $ 300,000 MED EXP (Any one person) $ 10,000 PERSONAL & ADV INJURY $ 2,000,000 GENERAL AGGREGATE $ 4,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: X POLICY PR0 LOC PRODUCTS - COMP/OP AGG $ 4,000,000 $ AALL AUTOMOBILE LIABILITY ANY AUTO OWNED SCHEDULED AUTOS AUTOS X HIRED AUTOS X NON -OWNED AUTOS 8SBADL0249 /1/2013 /1/2014 Ea..id.n SINGLE LIMIT 2,000,000 BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ PROPERTY DAMAGE $ Per accident $ UMBRELLA LIAB EXCESS LIAB OCCUR CLAIMS -MADE EACH OCCURRENCE $ AGGREGATE $ DED I I RETENTION $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y / N ANY PROPRIETOR/PARTNER/EXECUTIVE ❑ OFFICERIMEMBER EXCLUDED? (Mandatory In NH) If yes, describe under DESCRIPTION OF OPERATIONS below NIA WC STATU- OTH- I8 E.L. EACH ACCIDENT $ E.L. DISEASE - EA EMPLOYE $ E.L. DISEASE - POLICY LIMIT $ DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space is required) Town of North Andover is Additional Insured with respect to the Liability CERTIFICATE HOLDER CANCELLATION ACORD 25 (2010/05) INS025 r2mnnsi m ©1988-2010 ACORD CORPORATION. All rights reserved. Tho A(npn namo nnrf Innn nro roni¢fororil mance of Arf)Pn SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Town of North Andover ACCORDANCE WITH THE POLICY PROVISIONS. 120 Main Street AUTHORIZED REPRESENTATIVE North Andover, MA 01845 Stacey Brice/KBALDY ACORD 25 (2010/05) INS025 r2mnnsi m ©1988-2010 ACORD CORPORATION. All rights reserved. Tho A(npn namo nnrf Innn nro roni¢fororil mance of Arf)Pn TOWN OF NORTH ANDOVER 120 MAIN STREET NORTH ANDOVER, MASSACHUSETTS 01845 Raymond T Santilli Assistant Town Manager Attorney Carol McGravey Urbelis & Fieldsteel, LLP 155 Federal Street Boston, MA 02110 Dear Ms. McGravey: December 30, 2013 TEL (978) 688-9516 FAX (978) 688-9556 Enclosed please find for your review and approval three (3) original `Agreement for Design Services', with accompanying documentation, between the Town of North Andover and Donham & Sweeney Architects to provide design services for the construction of a new central fire station. NOTE: the certificate of general and automobile liability insurance will be forwarded when received. Thank you in advance for your attention to this matter. Sincerely, Raymond T. Santilli Assistant Town Manager Enclosures Brett Donham , Principal. AIA Jeff Shaw, Principal, AIA LEGA AP C. Chruitipher LA ,gan,:Asscxiafe, :SIA Raymond T. Santilli, Assistant Town Manager Town of North Andover 120 Main Street North Andover MA 01845 20 December 2013 Re: North Andover Central Fire Station Dear Ray, Donham & Sweeney ARCHITECTS Enclosed are 3 signed copies of the Agreement for Design Services. Copies of the Insurance Certificates are also included. Not included yet are: • The increase in auto insurance from the $300,000 our car rental agency provides to the $1 M required. We need to find out if our business liability insurance covers autos. If not, we will purchase the additional coverage. • The financial information on our firm. Our CFO is part-time and will be in on Tuesday, 24 December, to pull that together. Thank you again for the award of this exciting and important project. w/ 3 enclosures Copy: Jeff Shaw File: 1304:A/0 Contract 68 Harrison Avenue Boston MA 02111 617 423 1400 donhamandsweenev.com 4 Head 'ride Church Rd. Post Office Box 265 A I n a ME 04535 ?07 586 6000 I. W-9 Request for Taxpayer Give Form to the (Rev. August 2013) Identiflcatlon Number and Certliicatlon requester. Do not alt arm send to the IRS. tdeavenR Name (as shown on your income tax return) Swsgwc- zNe, — ARL 1 recTS N Business name/disregarded entity name, if different from above m n Cho& appnoprkde box for federal tax ctassiticatton: Exemptions (see Instructions): h ❑ Indlvldual/sole pu prlebor X C Corporation ❑ 8 Corporation ❑ Partnership ❑ TrusVesfste o Exempt a* ❑ Urrdted liability company. Enter the tax classification (C -C corporation, 8-8 corporation, P-partrnarshlp) ► Exemption from FATCA repor" " code IK a" a d o ❑ other (am Instructions) to Address (number, street, and apt. or suite no.) &8 Requester's name and address (opUortan Oi✓ Vt� state, and 7JP code 0 oN IVA Oa. / Ust account numbers) here (optlonaq Enter your TIN In the to avoid backup with resident alien, sole p entities, it is your em T!N on page 3. late box. The TIN provided must match the name given on the "Name° Iii For Indivlduais, this Is your social security number (SSN). however, for a or disregarded entity, see the Part 1 Instructions on page 3. For other entification number (EIN). If you do not have a number, see How to Beta Note. If the account Is in more than one name, see the chart on page 4 for guidelines on whose number to enter. Under penalties of perjury, i certify that: 1. The number shown on this form Is my correct taxpayer Identification number (or I am waiting for a number to be Issued to me), and 2. 1 am not subject to backup withholding because: (a) I am exempt from backup withholding, or (b) I have not been notified by the Internal Revenue Service (IRS) that I am subject to backup withholding as a result of a fallure to report all Interest or dividends, or (c) the IRS has notified me that 1 am no longer subject to backup withholding, and 3. 1 am a U.S. citizen or other U.S. person (deftned below), and 4. The FATCA code(s) entered on this form Of any) Indicating that I am exempt from FATCA reporting Is correct Certification Instructions. You must cross out Item 2 above if you have been notified by the IRS that you are currently subject to backup withholding because you have failed to report all interest and dividends on your tax return. For real estate transactions, Item 2 does not apply. For mortgage Interest paid, acquisltlon or abandonment of secured property, cancellation of debt, contributions to an individual retirement arrangement ORA), and generally, payments other than Interest and dividends, you are not required to sign the certification, but you must provide your correct TIN. See the instructions on page 3. Here I U.S. person ► Anate 10 - General General Instructions Section references aro to tie Internal Revenue Code unless otherwise noted. Futuro dnrvebpmente. The IRS has created a page on IRS.gov for Information about Fore W-9. at www.UagoWw9. Information about any future developments affecting Form W-9 (such as legislation enacted after we release It) will be posted on that page. Purpose of Form A person who Is required to file an Information return with the IRS must obtain your correct taxpayer Iderdiflcaaon number (nN) to report, for example, Income paid to You, Payments made to you in settlement of payment card and third party network transactions, real estate transactions. mortgage Interest you paid, acquisition or abandonment of secured property, cancellation of debt, or contribution you made to an IRA. Use Form W-9 only Ir you are a U.S. person (Including a resident alien), to Previte your correct TIN to the person requesting it (Ude requester) and, when applicable, to: thi ter the TIN you are giving Is correct (or you are waking for a number uoq 2. Certify that you are not subject to backup withholding, or 3. Claim exemption from backup withholding If you are a U.S. exempt payee. If applicable. you are also certifying that as a U.S. person, your allocable share of wltidnolding tax on foreign pertners' share of OWN* Contracted ItMM and 4. Certify that FATCA cod*) entered on this form of arty) Indicating that you ars exempt from the FATCA reporting, Is correct. Note. If you are a U.S. person and a requester gives you a form other then Forth W-0 to requast your TIN, you must use the regn WWs form If it Is substantially slmllar to this Forth W-9. Deflntfior of a U.S. parson. For federal tax purposes, you are considered a U.S. parson If you are., • An Individual who Is a U.B. citizen or U.S. resided aeon, • A partnership. corporation, company, or association created or organized in the United states or under the lava of the united States, • An estate (otter than a foreign estate), or • A domestic trust (as defined In Regulations section 3(11.7701-4 Special miss for partnerships. Partnerships that conduct a trade or business In the united States are generally required to pay a withholding tax under section 1448 on any foreign partetsI share of effectively connected taxable Income from such business. Further, In certain cases where a Form W-9 has not been received, the rules under asollon 1448 require a partnership to presume that a partner Is a foreign person and pay the section 1448 wlthholding tax. Therefore, It you are a U.S. parson that Is a partner In a partnership conducting a Veda of business In the United States, pmvldo Forth W-9 to the partnership to establish your U.S. status and avoid section 1448 withholding on your share of parbnerahlp Income. any partnership Income from a U.S, trade or business Is not subject to the Cat. No. 10231X Foran W-9 (Rsv. &2013) OP ID: BC CERTIFICATE OF LIABILITY INSURANCE DATE(M3/20 13 F10/23/20 3 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER Phone: 781-246-6400 Poole Professional Ltd. 107 Audubon Rd. #2, Ste. 305 Fax: 781-245-5463 Wakefield, MA 01880 Christopher A. Poole CONTACT NAME: PHONE FAX A/C No Ext): A/C No): E-MAIL PRODUCER CUSTOMER ID #: DONHA-1 INSURER(S) AFFORDING COVERAGE oeNAIC # INSURED Donham & Sweeney, Inc. 68 Harrison Avenue Boston, MA 02111 INSURER A: Charter Oak Fire Ins. Co. 25615 INSURER 8: INSURER C: INSURER D: INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE ADDL R POLICY NUMBER POLICY EFF MM/DD/YYYY POLICY EXP MMIDD/YYYY LIMITS GENERAL LIABILITY EACH OCCURRENCE $ DAMA PREMISES Ea occurrence $ COMMERCIAL GENERAL LIABILITY MED EXP (Any one person) $ CLAIMS -MADE 1-1 OCCUR PERSONAL & ADV INJURY $ GENERAL AGGREGATE $ GEN'LAGGREGATE LIMITAPPLIES PER: PRODUCTS - COM P/OPAGG $ POLICY PRO- LOC $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ (Ea accident) ANY AUTO BODILY INJURY (Per person) $ ALL OWNED AUTOS BODILY INJURY (Per accident) $ SCHEDULEDAUTOS HIRED AUTOS PROPERTY DAMAGE $ (Per accident) $ NON -OWNED AUTOS $ UMBRELLA LAB HOCCUR EACH OCCURRENCE $ AGGREGATE $ EXCESS LIAB CLAIMS -MADE DEDUCTIBLE _ $ $ RETENTION $ A WORKERS COMPENSATION AND EMPLOYERS' LIABILITY YIN ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? ❑ N /A UB -5885Y303 05/01/2013 05/01/2014 WC STATU- 0TH - X TORY LIMITS ER E.L. EACH ACCIDENT $ 1,000,000 E.L. DISEASE - EA EMPLOYEE $ 1,000,000 (Mandatory In NH) If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT 1 $ 1,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space is required) VCR I IrII..A I C r1ULUC1[ UANL;hLLA I IUN ANDOV10 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE Town of North Andover THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN 120 Main Street ACCORDANCE WITH THE POLICY PROVISIONS. North Andover, MA 01845 AUTHORIZED REPRESENTATIVE ©1988-2009 ACORD CORPORATION. All rights reserved. ACORD 25 (2009/09) The ACORD name and logo are registered marks of ACORD OP ID: BC ,aC�ORv$ CERTIFICATE OF LIABILITY INSURANCE DATE(M3120 10/23/20 3 F13 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER Phone: 781-245-5400 Poole Professional Ltd. 107 Audubon Rd. #2, Ste. 305 Fax: 781-245-5463 Wakefield, MA 01880 Christopher A. Poole CONTACT NAME: OE pICNNo, Ext): A/C No): ADDRESS: PRODUCER DONHA-1 CUSTOMER ID #: INSURER(S) AFFORDING COVERAGE NAIC # INSURED Donham & Sweeney, Inc. 68 Harrison Avenue Boston, MA 02111 1 INSURER A:The Travelers INSURER B: INSURER C: INSURER D: INSURER E: INSURER F COVERAGES CERTIFICATE NIIMRFR- RFVICInKI NI IMRFR• THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. 1 �TR TYPE OF INSURANCE DDL UBR POLICY NUMBER EFF MM DDPOLICY/YYYY POLICY EXP MM DDffYYYY LIMITS GENERAL LIABILITY EACH OCCURRENCE $ COMMERCIAL GENERAL LIABILITY CLAIMS -MADE FIOCCUR DAMAGE PREMISES Ea Occurrence $ MED EXP (Any one person) $ PERSONAL & ADV INJURY $ GENERAL AGGREGATE $ GE N'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP/OP AGG $ POLICY JECTPRO LOC $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ (Ea accident) ANY AUTO BODILY INJURY (Per person) $ ALL OWNED AUTOS BODILY INJURY (Per accident) $ SCHEDULED AUTOS HIRED AUTOS PROPERTY DAMAGE $ (Per accident) $ NON -OWNED AUTOS $ UMBRELLA LIAB OCCUR EACH OCCURRENCE EXCESS LIAB CLAIMS -MADE _$ AGGREGATE $ DEDUCTIBLE $ $ RETENTION $ WORKERS COMPENSATIONSTATU- OTH- AND EMPLOYERS' LIABILITY Y / N ANY PROPRIETOWPARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? NIA TWC ORY LIMITS ER E.L. EACH ACCIDENT $ E.L. DISEASE - EA EMPLOYE $ (Mandatory in NH) If yes, describe under E.L. DISEASE - POLICY LIMIT $ DESCRIPTION OF OPERATIONS below A Arch. & Engrs. 105894054 02/07/2013 02/07/2014 Per Claim 1,000,000 Prof. Liability Aggregate 2,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if mon: space is required) For professional liability coverage, the aggregate limit is the total insurance available for all covered claims presented within the policy period. The limit will be reduced by payments of indemnity and expense. I 1-1-M ANDOV10 Town of North Andover 120 Main Street North Andover, MA 01845 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE ©1988-2009 ACORD CORPORATION. All rights reserved. ACORD 25 (2009/09) The ACORD name and logo are registered marks of ACORD This Spectrum Policy consists ui a __ art of the Policy. I nis 111bui 01 ,- r1- other Forms and nndorsements issued of The Hartford Insurance Group shown below. insurance company L F BA HARTFORD FIRE INSURANCE COMPANY CTICUT 06155 INSURER: E ONE HARTFORD PLAZA, HARTFORD, CONNE COMPANY CODE: 1 THE 1.0 Ln 0 0 N 0 0 Policy Number: 08 SBA DL0249 DW SPECTRUM POLICY DECLARATIONS Named Insured and Mailing Address: ORIGINAL DONHAM S& SWEENEY INC HARTFORD (No., Street, Town, State, Zip Code) 68 HARRISON AVE FL 5 BOSTON MA 02111 To 02/01/15 1 YEAR From 02/01/14 tion: 12 noon in New Hampshire. olicy Period: our mailing address shown above - STERN 2:01 a.m., Standard time atyour INSURANCE GROUP LLC/PHS ame of Agent/Broker: C m ode: 087059 revious Policy Number: 08 SBA DL0249 Named Insured is: CORPORATION Audit Period: NON -AUDITABLE Type of Property Coverage: SPECIAL .policy, of the terms of this y agree with you to provide insurance as stated in this Policy- 2, otic y• $2,046 TOTAL ANNUAL PREMIUM IS: Ln P rn 0 1 N N 0 a A P Countersigned by Authorized Representative Form SS 00 0212 06 Process Date: 11/20 /13 INSURED COPY 11/20/13 Date Page 001(CONTINUED ON NEXT PAGE) Policy Expiration Date: 02 / 01 / 15 t SPECTRUM POLICY DECLARATIONS (Continued) POLICY NUMBER: 08 SBA DL0249 Location(s), Building(s), Business of Named Insured and Schedule of Coverages for Premises as designated by Number below. Location: 001 68 HARRISON AVENUE BOSTON MA 02110 Description of Business: ARCHITECTS & ARCHITECTURE SERVICES Deductible: $ 250 PER OCCURRENCE BUILDING AND BUSINESS PERSONAL PROPERTY LIMITS OF INSURANCE BUILDING BUSINESS PERSONAL PROPERTY REPLACEMENT COST PERSONAL PROPERTY OF OTHERS REPLACEMENT COST MONEY AND SECURITIES INSIDE THE PREMISES OUTSIDE THE PREMISES Form SS 00 02 12 06 Process Date: 11/20/13 NO COVERAGE $ 105,300 NO COVERAGE $ 10,000 $ 5,000 Page 002 (CONTINUED ON NEXT PAGE) Policy Expiration Date: 02/01/15 0 yQ� Q� PEGTRUM POLICY DECLARATIONS (Continued) �v� _IGY NUMBER: 08 SBA DL0249 1_0cation(s), Building(s), Business of Named Insured and Schedule of Coverages for Premises es as designated by Number below. Location: 001 Building: 001 PROPERTY OPTIONAL COVERAGES APPLICABLE LIMITS OF INSURANCE TO THIS LOCATION r- COMPUTERS AND MEDIA COVERAGE Ln FORM SS 04 41 DEDUCTIBLE: WAITING PERIOD: 12 HOURS Ln SUPER STRETCH FORM: SS 04 74 C) THIS FORM INCLUDES MANY ADDITIONAL � COVERAGES AND EXTENSIONS OF N COVERAGES. A SUMMARY OF THE CD COVERAGE LIMITS IS ATTACHED. q 00 CD OFF PREMISES POWER FAILURE: C14 FORM SS 04 19 0 -i LIMITED FUNGI, BACTERIA OR VIRUS * COVERAGE: FORM SS 40 93 THIS IS THE MAXIMUM AMOUNT OF INSURANCE FOR THIS COVERAGE, SUBJECT TO ALL PROPERTY LIMITS FOUND ELSEWHERE ON THIS DECLARATION. INCLUDING BUSINESS INCOME AND EXTRA EXPENSE COVERAGE FOR: Form SS 00 02 12 06 Process Date: 11/20/13 50,000 50,000 30 DAYS Page 003 (CONTINUED ON NEXT PAGE) Policy Expiration Date: 02 /01/15 • SPECTRUM POLICY DECLARATIONS (Continued) POLICY NUMBER: 08 SBA DL0249 PROPERTY OPTIONAL COVERAGES APPLICABLE TO ALL LOCATIONS LIMITS OF INSURANCE SIISINESS INCOME AND EXTRAPENSE COVERAGE COVERAGE INCLUDES THE FOLLOWING COVERAGE EXTENSIONS: 12 MONTHS ACTUAL LOSS SUSTAINED ACTION OF CIVIL AUTHORITY: EXTENDED BUSINESS INCOME: 30 DAYS 30 CONSECUTIVE DAYS VALUABLE PAPERS AND RECORDS SS 04 47 $ 250,000 EQUIPMENT BRF,AKDOWjq COVERAGE COVERAGE FOR DIRECT PHYSICAL LOSS DDE TO: MECHANICAL BREAKDOWN, ARTIFICIALLY GENERATED CURRENT AND STEAM EXPLOSION THIS ADDITIONAL, COVERAGE INCLUDE. THE FOLLOWING EXTENg=ONS SUBSTANCES EXPEDITING$ EDITING EXPENSES 50,000 MECHANICAL B � COVERAGE 50,000 APPLIES ONLY PERSONAL WHEN YDIS SELECTEOR 3D�ON3 THE POLICY IDENTITY RECOVERY COVERAGE , FORK SS 41 12 $ 15,000 Form SS 00 02 12 06 Process Date:11/20/13 Page 004 (CONTINUED ON NEXT PAGE) Policy Expiration Date: 02/01/15 ao Ln rn 0 Ln 0 rn d+ N O a Q m 0 N 0 O .4 RUM POLICY DECLARATIONS (Continued) NUMBER: 08 SBA DL0249 BUSINESS LIABILITY LIMITS OF INSURANCE LIABILITY AND MEDICAL EXPENSES $2,000,000 MEDICAL EXPENSES -ANY ONE PERSON $ 10,000 PERSONAL AND ADVERTISING INJURY $2,000,000 DAMAGES TO PREMISES RENTED TO YOU $ 300,000 ANYONE PREMISES AGGREGATE LIMITS PRODUCTS -COMPLETED OPERATIONS $4,000,000 GENERAL AGGREGATE $4,000,000 EMPLOYMENT PRACTICES LIABILITY COVERAGE: FORM SS 09 01 EACH CLAIM LIMIT $ 5,000 DEDUCTIBLE - EACH CLAIM LIMIT NOT APPLICABLE AGGREGATE LIMIT $ 5,000 RETROACTIVE DATE: 02 012 0 0 0 This Employment Practices Liability Coverage contains claims made coverage. Except as may be otherwise provided herein, specified coverages of this insurance are limited generally to liability for injuries for which claims are first made against the insured while the insurance is in force. Please read and review the insurance carefully and discuss the coverage with your Hartford Agent or Broker. The Limits of Insurance stated in this Declarations will be reduced, and may be completely exhausted, by the payment of "defense expense" and, in such event, The Company will not be obligated to pay any further "defense expense" or sums which the insured is or may become legally obligated to pay as "damages". AMENDMENT OF LIQUOR LIABILITY EXCLUSION: FORM SS 40 34 DESCRIPTION OF ACTIVITY: NONE BUSINESS LIABILITY OPTIONAL COVERAGES Form SS 00 02 12 06 Process Date: 11/20/13 Page 005 (CONTINUED ON NEXT PAGE) Policy Expiration Date: 02/01/15 Mel 5.4MAN CPA TAX I ACCOUNTING I CONSULTING December 27, 2013 To whom it may concern: I am the Chief Financial Officer for Donham & Sweeney, Inc. — Architects, as well as its CPA forlax purposes. I have served in this capacity since 2002. The information presented below is summarized from the computerized accounting records maintained by Donham & Sweeney staff, which I supervise. As Donham & Sweeney carries only a minimal amount of outside debt, and as all of its outstanding stock is owned by its two principals, it has not in recent years experienced a need for financial statements prepared by an independent CPA. The following information, along with in-house financial statements prepared by Donham & Sweeney staff, is offered in lieu of financial statements a CPA would prepare in a formal engagement. Donham & Sweeney has existed as a business enterprise since 1967. It incorporated in 1987. For the most recent fiscal year ended December 31, 2012, its accounting records show total revenue of approximately $1.4 million. The firm was profitable during this period, with a gross profit margin of 35% and net income of 1%. It ended the period with more than $156,000 in cash and receivables. Total payables were approximately $72,000, and the only other debt was $117,000 owed to a principal. Management expects the firm to continue to operate profitably in 2014 and beyond. The firm believes it has successfully weathered the recent economic downturn and that it has sufficient backlog and future prospects to sustain it as a vigorous and active firm. While Brett Donham, the founding principal, continues to carry a full workload, he is transitioning ownership of the firm to the next generation of leaders. The new leaders include Jeffrey Shaw, a talented young architect who became a principal in 2009. With this blend of youth and experience, combined with a healthy cash position, Donham & Sweeney's management feel that they have the resources with which to maintain and ultimately grow the firm in the years to come. The information provided above has been obtained from records maintained by the staff of Donham & Sweeney, Inc. — Architects. I have not conducted an audit, review or compilation of the financial statements of Donham & Sweeney, Inc. — Architects for any period referenced. Very truly yours, Stuart Goldman, CPA 36 Sheridan Road I Swampscott, MA 01907 1 Phone: 781.631.6445 1 Fax: 781.479.0741 1 www.cpa-boston.com Y Donham & Sweeney Balance Sheet December 31, 2012 Assets Current Assets 101 Sovereign Bank Checking $163.81 101.01 East West Bank Checking (1,113.12) 102.05 Soverign Money Market Account 114.47 111 Accounts Receivable 157,262.37 121 Work In Progress- Labor 29,973.35 Total Current Assets Non-current Assets Total Liabilities 189,569.52 151 Furniture & Fixtures 18,531.16 155 Computer Purchases 87,577.96 156 Software 8,682.65 153 Leasehold Improvements 54,720.67 154 Accumulated Amortization - Leasehold Improvement (38,651.00) 152 Accumulated Depreciation - Furniture & Fixtures (14,623.48) 155.01 Accumulated Depreciation - Computers (80,455.67) 156.01 Accumulated Depreciation -Software (6,585.35) 105 Deposits 623.50 Basis: Accrual Printed : October 23, 2013 $186,400.88 Total Non-current Assets $29,820.44 Total Assets 216,221.32 Liabilities Current Liabilities 210 Accounts Payable 72,204.52 242 Accrued State Tax Payable 456.00 Total Current Liabilities $72,660.52 Non-current Liabilities 226 Note Payable -Shareholder $116,909.00 Total Non-current Liabilities $116,909.00 Page 1 of 1 Total Liabilities 189,569.52 Equitv 301 Capital 1,959.96 320 Treasury Stock (60,196.00) 311 Retained Earnings 70,917.98 Net Income 13,969.86 Total Equitv $26,651.80 Total Liabilities and Equitv $216,221.32 Page 1 of 1 Expenses 7160 Holiday 2,157 18,740 7150 Vacation and Sick 5,810 31,403 701 Indirect Labor- Principal 3,956 37,122 702 Indirect Labors - Employees 3,927 60,472 Page 1 of 2 Donham & Sweeney Profit and Loss Statement For 12 Months Ended December 31, 2012 This Month YTD Income 401 Billed Fee Revenue $37,772 $1,276,050 421 Consultants Billed 7,319 40,938 422 Expenses Billed 7,334 41,408 423 Unbilled Professional Fees 2,364 30,015 424 Unbilled Expenses (1,001) 130 402 Miscellaneous Income 250 3,014 425 Unbilled Consultants Fees (2,639) 7,731 441 Professional Fees Write-off (803) (9,590) 442 Expenses Write-off (316) (1,286) 443 Consultants Write-off 0 (3,718) 795 Bad Debt/Write Off 0 (7,868) Total Income $50,280 $1,376,824 Costs 504 Billable Survey Consultant 0 9,561 504 Billable Geo -Technical Consultant 4,249 11,049 504.5 Billable Civil Engineering 0 5,708 505 Billable Landscaping Consultant 0 50 506 Billable Structural Consultant 6 6,048 513.5 Billable Hazardous Materials Consult, 0 10,774 525 Billable Deliveries (13) 1,187 521 Billable Travel 542 4,637 522 Billable Reproductions 5,256 25,434 526 Billable Postage 0 142 529 Billable Miscellaneous Expenses 270 7,434 601 Direct Salaries - Principal 5,558 89,216 602 Direct Salaries - Employee 22,450 276,907 603 Direct Survey Consultant 0 16,078 604 Direct Geo -Technical Consultant 0 11,890 604.5 Direct Civil Engineering Consultant 2,570 19,030 605 Direct Landscaping Consultant 132 9,369 606 Direct Structural Consultant 4,238 89,511 610 Direct HVAC/Mechanical Consultant 6,323 197,688 611 Direct Lighting Consultant 0 10,800 611.5 Direct Electrical Consultant 0 20,125 612 Direct Specifications Consultant 0 5,538 612.5 Direct Code Consultant 0 6,761 613 Direct Cost Estimating Consultant 0 17,518 614.5 Direct Acoustics Consultant 0 850 619.5 Direct Consultant Architect 0 19,887 621 Direct Travel 527 5,023 622 Direct Reproductions (145) 839 622.5 Direct Bid Set Printing 0 4,016 623 Direct Models/Renderings/Photos 1,528 8,553 626 Direct Postage 0 921 627 Direct Photocopies 89 2,400 629 Direct Miscellaneous Expenses 0 141 Total Costs $53,580 $895,085 Gross Margin ($3,300) $481,739 Expenses 7160 Holiday 2,157 18,740 7150 Vacation and Sick 5,810 31,403 701 Indirect Labor- Principal 3,956 37,122 702 Indirect Labors - Employees 3,927 60,472 Page 1 of 2 11 Other Income 912 Vendor Write-off $5,639 $5,639 801 Other Income 250 1,562 921 Corp State Tax Pyments 0 (456) Total Other Income $5,889 $6,745 Net Income ($44,356) $13,969 Page 2 of 2 Donham & Sweeney Profit and Loss Statement For 12 Months Ended December 31, 2012 This Month YTD 703 Job Cost Variance 3,608 27,462 704 Temporary Help 160 1,575 721 Employer's FICA Tax 3,290 39,512 722 Federal Unemployment 4 498 723 State Unemployment 383 16,243 724 Workers' Compensation 0 94 725 State Health Insurance 0 10 731 Health Care Insurance 4,607 39,812 732 Life Insurance 208 2,359 734 Other Insurance 0 2,410 737 Professional Registration & Dues 1,224 10,099 738 Periodicals 0 405 739 Library Expense 0 1,294 740 Donations 300 300 741 Rent 5,300 63,600 742 Utilities 631 7,788 743 Office Supplies 188 3,543 743.5 Architectural Supplies 0 132 744 Telephone 183 7,810 745 Postage, Shipping, Delivery 267 3,424 746 Equipment Rental 408 1,704 747 Repairs & Maintenance 802 7,023 748 Printing & Reproduction 134 2,461 749 Other Office Expenses 2,363 10,433 750 Storage 265 3,381 751 Legal 475 1,913 752 Accounting 0 1,064 753 Data Processing 184 1,787 755 Professional Liability Insurance 2,500 21,122 756 Computer Expenses 461 17,555 756.1 Computer Consultant 0 5220 757 Photography 0 10,320 758 Promotional Expenses 0 1,450 760 Taxes - Other 0 298 761 Personal Property Tax 0 752 792 Misc. Expenses Recovery (3,583) 967 8440 Firm Related Travel - Air & Hotels 21 1,855 764 Travel 106 462 765 Meals & Entertainment 248 978 8650 Marketing Reproductions 50 1,143 8690 Marketing Travel 6 218 803 Depreciation 6,302 6,302 Total Expenses $46,945 $474,515 Income before other items ($50,245) $7,224 Other Income 912 Vendor Write-off $5,639 $5,639 801 Other Income 250 1,562 921 Corp State Tax Pyments 0 (456) Total Other Income $5,889 $6,745 Net Income ($44,356) $13,969 Page 2 of 2 Andrew W. Maylor Town Manager Mr. John MacMillan, President Reinhardt Associates, Inc 430 Main Street, Suite 200 Agawam, MA 01001 ,5-dkA Dear Mr. MyMillan: Town of North Andover Office of the Town Manager North Andover Town Hall 120 Main Street North Andover, MA 01845 amaylor@townofnorthandover.com December 24, 2013 Telephone (978)688-9510 Fax (978)688-9556 The Town has completed the interview and review process for Architect/Design Services associated with the construction of a new Central Fire Station. All of the three finalist firms were impressive and could have successfully brought the project to completion. The Town has selected Donham & Sweeney Architects to design the project. Thank you for your interest in the Town of North Andover. Sincerely, A Andrew w. MayIor Town Manager Andrew W. Maylor Town Manager Mr. Gregory Carell The Carell Group, Inc 85 Main Street Hopkinton, MA 01748 6rej Dear Mr. C Town of North Andover Office of the Town Manager North Andover Town Hall 120 Main Street North Andover, MA 01845 amaylor@townofnorthandover.com December 24, 2013 Telephone (978)688-9510 Fax (978)688-9556 The Town has completed the interview and review process for Architect/Design Services associated with the construction of a new Central Fire Station. All of the three finalist firms were impressive and could have successfully brought the project to completion. The Town has selected Donham & Sweeney Architects to design the project. Thank you for your interest in the Town of North Andover. Sincerely, Andrew W. Maylor Town Manager TOWN OF NORTH ANDOVER 120 MAIN STREET NORTH ANDOVER, MASSACHUSETTS 01845 Raymond T Santilli Assistant Town Manager Mr. Jeff Shaw, Principal Donham & Sweeney Architects 68 Harrison Avenue Boston, MA 02111 Dear Mr. Shaw December 17, 2013 TEL (978) 688-9516 FAX (978) 688-9556 The Town of North Andover has decided to award a contract to Donham & Sweeney Architects to provide design and engineering services for the construction of a new central Fire Station. Enclosed please find three (3) original standard Town of North Andover agreements for appropriate review and signature. Please return the signed agreement documents and all required accompanying paperwork to my attention as soon as possible. Please ensure that all insurance certificates include the required coverage levels and list the Town of North Andover as an "additional insured". Also, please ensure the proper documentation is submitted in compliance with Section 19(d)(4) of the agreement If you have any questions and/or concerns, please call me. Sincerely, Raymond T. Santilli Assistant Town Manager Enclosures Donham & Sweeney Brett Donham , Principal, AIA ARCHITECTS Jeff Shape, Principal, AIA LEED AP C. Christopher Lot*an, AIA Ray Santilli Assistant Town Manager North Andover Town Hall 120 Main Street North Andover, MA 01845 Revised 9 December 2013 Re: North Andover Fire Station Proposal for Architectural and Engineering Services Dear Ray, I am pleased to submit the following proposal for services. We understand that the Town has set a total project budget of $6,600,000 which is not to be exceeded. We also understand that the Town has not yet decided on a final program size; your materials we have seen indicated a range of 10,000 to 15,000 SF; assuming the larger program may result in a construction cost of approximately $5.5M. Basic Services (74 Weeks) Programing & Schematic Design Options (4 weeks): $22,000 Schematic Design (4 weeks): $27,000 Design Development (4 weeks): $58,000 Construction Drawings (12 weeks): $134,000 Assistance with Bidding (6 weeks): $19,000 Construction Administration (44 weeks —10 months): $200,000 Total A/E Fee: $460,000 A total of 8 meetings are included in our fee to coordinate the regulatory requirements of the project. Additional meetings, if necessary, will require an amendment. Regulatory bodies include but are not limited to: Zoning, Conservation Commission, Planning Board, ZBA and MassHighway. Services not included or to be provided by others: Property & Utility Survey Haz-Mat Study FF&E Procurement Radio, Communications and Dispatch Equipment Procurement Traffic Control System Design Geotechnical Services incl. borings Prequalifying Bidders Additional Services if Requested: LEED Certification including LEED Energy Model $40,000 68 Harrison Avenue 4 llead'ride Church Rd. Boston MA 02 1 1 1 Post Office Box 265 6 1 7 4 2 3 I 400 AI n a ME. 0453] donhamends��ecney.c�m 2 0 7 5 3 6 6 0 0 0 Thank you for the opportunity to submit this proposal. We are excited about this project and the opportunities to add a great building project to the Town's Master plan. Sincerely, Jeff Shaw Copy: Brett Donham, D&S File: 1304:A/0 Contract 68 Harrison Avenue 4 Head Tide Church Rd. Boston MA 021 11 Post Office Boa 265 617 423 1400 Alna ME 0453 donhamandsweenev.com 2 0 7 5 8 6 6 0 0 0 Santilli, Ray From: Greg Carell [GregCarell@carellgroup.com] Sent: Wednesday, November 20, 2013 2:59 PM To: Santilli, Ray Subject: RE: Architect/Design Services - Central Fire Station Mr. Santilli, Thank you for the opportunity to present our firm for participation in the Central Fire Station project. We look forward to meeting with you next Tuesday. Gregory Carell The Carell Group, Inc., Architects 85 Main Street Hopkinton, MA 01748 508 497 0909 0 508 497 0999 F 508 208 6323 C From: Santilli, Ray[mailto:rsantil0townofnorthandover com] Sent: Wednesday, November 20, 2013 1:46 PM To: Greg Carell Subject: Architect/Design Services - Central Fire Station Mr. Greg Carell, President The Carell Group, Inc 85 Main Street Hopkinton, MA 01748 Dear Mr. Carell: The Town has reviewed the proposals submitted in response to the Request for Qualifications for Architect/Design Services associated with the construction of a new Central Fire Station. Your proposal has been selected as a finalist to be considered by the Town. The finalists have been scheduled for a short presentation (10-15 minutes) and interview session (10-15 minutes). Your presentation/interview is scheduled for Tuesday, November 26, 2013 at 2:45 p.m. in Conference Room 2 at the North Andover Town Hall. Please wait in the Town Manager's office upon your arrival. During your presentation, you should be prepared to elaborate on your written proposal, the firm's background on similar projects, and the qualifications of assigned personnel. In order to confirm your attendance, please reply to this email. If you have any questions and/or concerns, please call me. Ray Santilli Assistant Town Manager Town of North Andover y d Santilli, Ray From: John MacMillan omacmillan@reinhardtassoc.com] Sent: Wednesday, November 20, 2013 2:45 PM To: Santilli, Ray Cc: My -Ron Hatchett; Paul Babin; Pamela Pressey Subject: RE: Architect/Design Services - Central Fire Station Mr. Santilli, Thank you very much for the opportunity to further present our qualifications for your Central Fire Station Project. We look forward to meeting with you and your Committee on Tuesday (11/26) at 2 pm. May we ask how many will be present for our presentation and if a small PowerPoint presentation would be appropriate. Thank you again, John D. MacMillan, A.I.A., LEED AP Reinhardt Associates, Inc. Architects and Engineers From: Santilli, Ray[mailto:rsantill0townofnorthandover com1 Sent: Wednesday, November 20, 2013 1:43 PM To: John MacMillan Subject: Architect/Design Services - Central Fire Station Mr. John MacMillan, President Reinhardt Associates, Inc 430 Main Street, Suite 200 Agawam, MA 01001 Dear Mr. MacMillan: The Town has reviewed the proposals submitted in response to the Request for Qualifications for Architect/Design Services associated with the construction of a new Central Fire Station. Your proposal has been selected as a finalist to be considered by the Town. The finalists have been scheduled for a short presentation (10-15 minutes) and interview session (10-15 minutes). Your presentation/interview is scheduled for Tuesday, November 26, 2013 at 2:00 p.m. in Conference Room 2 at the North Andover Town Hall. Please wait in the Town Manager's office upon your arrival. During your presentation, you should be prepared to elaborate on your written proposal, the firm's background on similar projects, and the qualifications of assigned personnel. In order to confirm you attendance, please reply to this email. If you have any questions and/or concerns, please call me. Ray Santilli Assistant Town Manager Town of North Andover 120 Main Street North Andover, MA 01845 1., Santilli, Ray From: Brett Donham [bdonham@donhamandsweeney.com] Sent: Thursday, November 21, 2013 1:33 PM To: Santilli, Ray Cc: Jeff Shaw; Chris Logan Subject: FW: Architect/Design Services - Central Fire Station Attachments: image003.jpg Ray, It is very nice to hear from you. Jeff, Chris Logan, and I very much look forward to this opportunity. Brett Donham Donham & Sweeney -Architects From: "Santilli, Ray" <rsantill@townofnorthandover.com> Date: November 20, 2013, 1:50:27 PM EST To: "'ishaw@donhamandsweeney.com"' <jshaw@donhamandsweeney.com> Subject: Architect/Design Services - Central Fire Station Mr. Jeff Shaw, Principal Donham & Sweeney Architects 68 Harrison Avenue Boston, MA 02111 Dear Mr. Shaw: The Town has reviewed the proposals submitted in response to the Request for Qualifications for Architect/Design Services associated with the construction of a new Central Fire Station. Your proposal has been selected as a finalist to be considered by the Town. The finalists have been scheduled for a short presentation (10-15 minutes) and interview session (10-15 minutes). Your presentation/interview is scheduled for Tuesday, November 26, 2013 at 3:30 p.m. in Conference Room 2 at the North Andover Town Hall. Please wait in the Town Manager's office upon your arrival. During your presentation, you should be prepared to elaborate on your written proposal, the firm's background on similar projects, and the qualifications of assigned personnel. In order to confirm your attendance, please reply to this email. If you have any questions and/or concerns, please call me. Ray Santilli Assistant Town Manager Town of North Andover 120 Main Street North Andover, MA 01845 Phone 978.688.9516 Fax 978.688.9556 Email rsantilli@townofnorthandover.com Web www.townofnorthandover.com Architect/Design Services — New Central Fire Station The interviews of the three finalists to provide Architect/Design Services associated with the construction of a new Central Fire Station have been scheduled for Tuesday, November 26th in Conference Room 2 at Town Hall. The interview schedule is: 2:00 p.m. Reinhardt Associates, Inc 2:45 p.m. The Carell Group, Inc 3:30 p.m. Donham & Sweeney Architects Each firm was given the following instructions: The finalists have been scheduled for a short presentation (10-15 minutes) and interview session (10-15 minutes). Your presentation/interview is scheduled for Tuesday, November 26, 2013 at 2:00 p.m. in Conference Room 2 at the North Andover Town Hall. Please wait in the Town Manager's office upon your arrival. During your presentation, you should be prepared to elaborate on your written proposal, the firm's background on similar projects, and the qualifications of assigned personnel. Santilli, Ray From: Santilli, Ray Sent: Wednesday, November 20, 2013 1:43 PM To: 'jmacmillan@reinhardtassoc.com' Subject: Architect/Design Services - Central Fire Station Mr. John MacMillan, President Reinhardt Associates, Inc 430 Main Street, Suite 200 Agawam, MA 01001 Dear Mr. MacMillan: The Town has reviewed the proposals submitted in response to the Request for Qualifications for Architect/Design Services associated with the construction of a new Central Fire Station. Your proposal has been selected as a finalist to be considered by the Town. The finalists have been scheduled for a short presentation (10-15 minutes) and interview session (10-15 minutes). Your presentation/interview is scheduled for Tuesday, November 26, 2013 at 2:00 p.m. in Conference Room 2 at the North Andover Town Hall. Please wait in the Town Manager's office upon your arrival. During your presentation, you should be prepared to elaborate on your written proposal, the firm's background on similar projects, and the qualifications of assigned personnel. In order to confirm you attendance, please reply to this email. If you have any questions and/or concerns, please call me. Ray Santilli Assistant Town Manager Town of North Andover 120 Main Street North Andover, MA 01845 Phone 978.688.9516 Fax 978.688.9556 Email rsantilli(@townofnorthandover.com Web www.townofnorthandover.com Santilli, Ray From: Santilli, Ray Sent: Wednesday, November 20, 2013 1:46 PM To: 'gregcarell@carellgroup.com' Subject: Architect/Design Services - Central Fire Station Mr. Greg Carell, President The Carell Group, Inc 85 Main Street Hopkinton, MA 01748 Dear Mr. Carell: The Town has reviewed the proposals submitted in response to the Request for Qualifications for Architect/Design Services associated with the construction of a new Central Fire Station. Your proposal has been selected as a finalist to be considered by the Town. The finalists have been scheduled for a short presentation (10-15 minutes) and interview session (10-15 minutes). Your presentation/interview is scheduled for Tuesday, November 26, 2013 at 2:45 p.m. in Conference Room 2 at the North Andover Town Hall. Please wait in the Town Manager's office upon your arrival. During your presentation, you should be prepared to elaborate on your written proposal, the firm's background on similar projects, and the qualifications of assigned personnel. In order to confirm your attendance, please reply to this email. If you have any questions and/or concerns, please call me. Ray Santilli Assistant Town Manager Town of North Andover 120 Main Street North Andover, MA 01845 Phone 978.688.9516 Fax 978.688.9556 Email rsantilli(cDtownofnorthandover.com Web www.townofnorthandover.com Santilli, Ray From: Santilli, Ray Sent: Wednesday, November 20, 2013 1:50 PM To: 'jshaw@donhamandsweeney.com' Subject: Architect/Design Services - Central Fire Station Mr. Jeff Shaw, Principal Donham & Sweeney Architects 68 Harrison Avenue Boston, MA 02111 Dear Mr. Shaw: The Town has reviewed the proposals submitted in response to the Request for Qualifications for Architect/Design Services associated with the construction of a new Central Fire Station. Your nronosal has been selected as a finalist to be considered by the Town. The finalists have been scheduled for a short presentation (10-15 minutes) and interview session (10-15 minutes). Your presentation/interview is scheduled for Tuesday, November 26, 2013 at 3:30 p.m. in Conference Room 2 at the North Andover Town Hall. Please wait in the Town Manager's office upon your arrival. During your presentation, you should be prepared to elaborate on your written proposal, the firm's background on similar projects, and the qualifications of assigned personnel. In order to confirm your attendance, please reply to this email. If you have any questions and/or concerns, please call me. Ray Santilli Assistant Town Manager Town of North Andover 120 Main Street North Andover, MA 01845 Phone 978.688.9516 Fax 978.688.9556 Email rsantilli(Mtownofnorthandover.com Web www.townofnorthandover.com U Architect/Design Services - School Administration Building Summary: Score Allen Lieb Architects 52 CSS Architects 44 Donham & Sweeney 54 Kang Associates M Reinhardt Associates 58 The Carell Group The Galante Architecture Studio 42 Winter Street Architects 50 Architect/Design Services - School Administration Building Company: Allen Lieb Architects Brian D Andy M Lyne S Comparative Criteria A 1 5 3 Comparative Criteria B 5 5 5 Comparative Criteria C 5 5 5 Comparative Criteria D 5 5 3 Subtotal: 16 20 16 Score 52 Company: CSS Architects Brian D Andy M Lyne S Comparative Criteria A 1 5 3 Comparative Criteria B 3 3 5 Comparative Criteria C 3 5 5 Comparative Criteria D 5 5 1 Subtotal: 12 18 14 Score 44 Company: Donham & Sweeney Brian D Andy M Lyne S Comparative Criteria A 5 5 5 Comparative Criteria B 3 3 5 Comparative Criteria C 5 5 5 Comparative Criteria D 5 3 5 Subtotal: 18 16 20 Score 54 Architect/Design Services - School Administration Building Company: Kang Associates Brian D Andy M Lyne S Comparative Criteria A 3 3 1 Comparative Criteria B 3 3 5 Comparative Criteria C 3 5 3 Comparative Criteria D 5 5 1 Subtotal: 14 16 10 Score 40 Company: Reinhardt Associates Subtotal: 18 20 20 Score 58 Company: The Carell Grou Brian D Andy M Lyne S Comparative Criteria A 5 5 5 Comparative Criteria B 5 5 5 Comparative Criteria C 5 5 5 Comparative Criteria D 3 5 5 Subtotal: 18 20 20 Score 58 Company: The Carell Grou Subtotal: 18 20 20 Score 58 Brian D Andy M Lyne S Comparative Criteria A 5 5 5 Comparative Criteria B 3 5 5 Comparative Criteria C 5 5 5 Comparative Criteria D 5 5 5 Subtotal: 18 20 20 Score 58 Architect/Design Services - School Administration Building Company: The Galante Architecture Studio Brian D Andy M Lime S Comparative Criteria A 3 5 1 Comparative Criteria B 3 3 5 Comparative Criteria C 3 5 5 Comparative Criteria D 3 5 1 Subtotal: 12 18 12 Score 42 Company: Winter Street Architects Brian D Andy M Lyne S Comparative Criteria A 3 5 3 Comparative Criteria B 3 5 5 Comparative Criteria C 5 5 3 Comparative Criteria D 5 5 3 Subtotal: 16 20 14 Score 50 a COMPANY: W N1 -fy( SUMMARY ALL MINIMUM CRITERIAIQUALIFICATIONS MET: YES NO SCORE FOR COMPARATIVE EVALUATION CRITERIA A: SCORE FOR COMPARATIVE EVALUATION CRITERIA B: 3 SCORE FOR COMPARATIVE EVALUATION CRITERIA C. 5 SCORE FOR COMPARATIVE EVALUATION CRITERIA D. TOTAL SCORE: J 6 NAME OF EVALUATOR: DATE: T([� �00�St,C Evaluation of `Architect/Design Services — Central Fire Station' Submissions Page 4 of 4 �( 0 COMPANY: SUMMARY ALL MINIMUM CRITERIAIQUALIFICATIONS MET: YES NO SCORE FOR COMPARATIVE EVALUATION CRITERIA A: SCORE FOR COMPARATIVE EVALUATION CRITERIA B: SCORE FOR COMPARATIVE EVALUATION CRITERIA C. SCORE FOR COMPARATIVE EVALUATION CRITERIA D:5 TOTAL SCORE: 16 NAME OF EVALUATOR: 'fG'I (�I /I f's DATE: I,0yo"I c1C�, B, `. 5 W Evaluation of `Architect/Design Services — Central Fire Station' Submissions Page 4 of 4 COMPANY: 1�mm SWC- SUMMARY ALL MINIMUM CRITERIA/QUALIFICATIONS MET: YES �,/ NO SCORE FOR COMPARATIVE EVALUATION CRITERIA A: 3 SCORE FOR COMPARATIVE EVALUATION CRITERIA B: SCORE FOR COMPARATIVE EVALUATION CRITERIA C: 5 SCORE FOR COMPARATIVE EVALUATION CRITERIA D: 5 TOTAL SCORE: � l0 NAME OF EVALUATOR: DATE: I d l�t3 G-00�,, vm 0 t 201� Evaluation of `Architect/Design Services — Central Fire Station' Submissions Page 4 of 4 COMPANY: KcDr)%wr A %` (AMs5 SUMMARY ALL MINIMUM CRITERIAIQUALIFICATIONS MET: YES _/ NO SCORE FOR COMPARATIVE EVALUATION CRITERIA A: SCORE FOR COMPARATIVE EVALUATION CRITERIA B: SCORE FOR COMPARATIVE EVALUATION CRITERIA C: 5 SCORE FOR COMPARATIVE EVALUATION CRITERIA D. TOTAL SCORE: NAME OF EVALUATOR: �( j DATE: _ 60CA �w iws-c U t �f Boots (�AO Mwc(� Evaluation of `Architect/Design Services — Central Fire Station' Submissions �M 11A A, Page 4 of 4 4 COMPANY: A (,i.,�, I 1. ICI 4w-oc ci S SUMMARY ALL MINIMUM CRITERIA/QUALIFICATIONS MET: YES NO SCORE FOR COMPARATIVE EVALUATION CRITERIA A: I SCORE FOR COMPARATIVE EVALUATION CRITERIA B: 5 SCORE FOR COMPARATIVE EVALUATION CRITERIA C: _5 SCORE FOR COMPARATIVE EVALUATION CRITERIA D: S TOTAL SCORE: LA NAME OF EVALUATOR: DATE: z 5UWLL %w m* No ,Lek �w s�h� Evaluation of `Architect/Design Services — Central Fire Station' Submissions Page 4 of 4 I COMPANY: lckk SUMMARY " ALL MINIMUM CRITERIA/QUALIFICATIONS MET: YES NO SCORE FOR COMPARATIVE EVALUATION CRITERIA A: 3 SCORE FOR COMPARATIVE EVALUATION CRITERIA B: J SCORE FOR COMPARATIVE EVALUATION CRITERIA C: 3 SCORE FOR COMPARATIVE EVALUATION CRITERIA D: S TOTAL SCORE: NAME OF EVALUATOR: DATE: 1 1 I 1 6 3 UL 'An .s( I'VA hlxp , . ` aw ,�e + 6&v'-��(�we I��.e,� �('• Luh f-��, �,,,,�`;� ���z (s�a�( Rn Av4<<q`' Evaluation of `Architect/Design Services —Central Fire Station ubmi sions Page 4 of 4 COMPANY: � 5J *(4` (-� SUMMARY ALL MINIMUM CRITERIA/QUALIFICATIONS MET: YES NO SCORE FOR COMPARATIVE EVALUATION CRITERIA A. SCORE FOR COMPARATIVE EVALUATION CRITERIA B: SCORE FOR COMPARATIVE EVALUATION CRITERIA C: 5 5 SCORE FOR COMPARATIVE EVALUATION CRITERIA D: I TOTAL SCORE: P -1 - NAME OF EVALUATOR: DATE: ) d 4 Evaluation of `Architect/Design Services — Central Fire Station' Submissions Page 4 of 4 COMPANY: i tt'G ��b SUMMARY ALL MINIMUM CRITERIA/QUALIFICATIONS MET: YES NO SCORE FOR COMPARATIVE EVALUATION CRITERIA A: 3 SCORE FOR COMPARATIVE EVALUATION CRITERIA B: 3 SCORE FOR COMPARATIVE EVALUATION CRITERIA C:3 3 SCORE FOR COMPARATIVE EVALUATION CRITERIA D: TOTAL SCORE: I NAME OF EVALUATOR:�������-S DATE: 1 l 11,3 w Evaluation of `Arcbitect/Design Services — Central Fire Station' Submissions Page 4 of 4 1 COMPANY: t 1 117 vl LA SUMMARY ALL MINIMUM CRITERIA/QUALIFICATIONS MET: YES NO SCORE FOR COMPARATIVE EVALUATION CRITERIA A: SCORE FOR COMPARATIVE EVALUATION CRITERIA B: _ SCORE FOR COMPARATIVE EVALUATION CRITERIA C: SCORE FOR COMPARATIVE EVALUATION CRITERIA D: TOTAL SCORE: NAME OF EVALUATOR: �p �� QA p k -j DATE: Evaluation of `Architect/Design Services — Central Fire Station' Submissions Page 4 of 4 2 COMPANY: -)�w,tt,I L - SUMMARY ALL MINIMUM CRITERIA/QUALIFICATIONS MET: YES NO SCORE FOR COMPARATIVE EVALUATION CRITERIA A: SCORE FOR COMPARATIVE EVALUATION CRITERIA B: SCORE FOR COMPARATIVE EVALUATION CRITERIA C: SCORE FOR COMPARATIVE EVALUATION CRITERIA D: TOTAL SCORE: NAME OF EVALUATOR: - v DATE: Evaluation of `Architect/Design Services — Central Fire Station' Submissions Page 4 of 4 1 M COMPANY: 00n�YL W\ ,�- Soo SUMMARY ALL MINIMUM CRITERIA/QUALIFICATIONS MET: YES NO SCORE FOR COMPARATIVE EVALUATION CRITERIA A: SCORE FOR COMPARATIVE EVALUATION CRITERIA B: SCORE FOR COMPARATIVE EVALUATION CRITERIA C: t2 SCORE SCORE FOR COMPARATIVE EVALUATION CRITERIA D: TOTAL SCORE: NAME OF EVALUATOR: 1, '� �DLLJ6 DATE: J)) I V. \ � ?-:2 Evaluation of `Architect/Design Services — Central Fire Station' Submissions Page 4 of 4 1 COMPANY. 1�C-6 mt--, SUMMARY ALL MINIMUM CRITERIA/QUALIFICATIONS MET: YES NO I SCORE FOR COMPARATIVE EVALUATION CRITERIA A: SCORE FOR COMPARATIVE EVALUATION CRITERIA B: SCORE FOR COMPARATIVE EVALUATION CRITERIA C: SCORE FOR COMPARATIVE EVALUATION CRITERIA D: TOTAL SCORE: NAME OF EVALUATOR: "f\�k�l DATE: moi !-oyt :) Evaluation of `Arcbitect/Design Services — Central Fire Station' Submissions Page 4 of 4 COMPANY: kf)��li�C. `(s SUMMARY ALL MINIMUM CRITERIA/QUALIFICATIONS MET: YES NO SCORE FOR COMPARATIVE EVALUATION CRITERIA A: I ` SCORE FOR COMPARATIVE EVALUATION CRITERIA B: SCORE FOR COMPARATIVE EVALUATION CRITERIA C: SCORE FOR COMPARATIVE EVALUATION CRITERIA D: I TOTAL SCORE: NAME OF EVALUATOR: DATE: `� �(S Evaluation of `Architect/Design Services — Central Fire Station' Submissions Page 4 of 4 COMPANY: Nk"\,kaW )k5bp `G SUMMARY ALL MINIMUM CRITERIA/QUALIFICATIONS MET: YES NO SCORE FOR COMPARATIVE EVALUATION CRITERIA A: 6 SCORE FOR COMPARATIVE EVALUATION CRITERIA B: SCORE FOR COMPARATIVE EVALUATION CRITERIA C: SCORE FOR COMPARATIVE EVALUATION CRITERIA D: TOTAL SCORE: NAME OF EVALUATOR: SPA bl� DATE: 11 1 v;0 o" Evaluation of `Architect/Design Services — Central Fire Station' Submissions Page 4 of 4 COMPANY: -N Lt4 l \ a- e , R ALL MINIMUM CRITERIA/QUALIFICATIONS MET: YES ) NO SCORE FOR COMPARATIVE EVALUATION CRITERIA A: _ SCORE FOR COMPARATIVE EVALUATION CRITERIA B: SCORE FOR COMPARATIVE EVALUATION CRITERIA C: SCORE FOR COMPARATIVE EVALUATION CRITERIA D: S TOTAL SCORE: NAME OF EVALUATOR: SCA&) DATE: Evaluation of `Architect/Design Services — Central Fire Station' Submissions Page 4 of 4 COMPANY: w \n "r Ci �-N,"A A rC Y� 4CS C1TX4X4 A 1?V ALL MINIMUM CRITERIA/QUALIFICATIONS MET: YES NO SCORE FOR COMPARATIVE EVALUATION CRITERIA A: SCORE FOR COMPARATIVE EVALUATION CRITERIA B: SCORE FOR COMPARATIVE EVALUATION CRITERIA C: SCORE FOR COMPARATIVE EVALUATION CRITERIA D: TOTAL SCORE: NAME OF EVALUATOR: SkA,\ )CA C�R DATE: Evaluation of `Architect/Design Services — Central Fire Station' Submissions Page 4 of 4 COMPANY: �,, -t, Z � 71- 4;CP•l/ � L SUMMARY ALL MINIMUM CRITERIA/QUALIFICATIONS MET: YES l/ NO SCORE FOR COMPARATIVE EVALUATION CRITERIA A: SCORE FOR COMPARATIVE EVALUATION CRITERIA B: SCORE FOR COMPARATIVE EVALUATION CRITERIA C. SCORE FOR COMPARATIVE EVALUATION CRITERIA D: y TOTAL SCORE: / 8 NAME OF EVALUATOR: 44d�rlf41 DATE: 11 91U /.3 Evaluation of `Architect/Design Services — Central Fire Station' Submissions Page 4 of 4 COMPANY: SUMMARY ./ ALL MINIMUM CRITERIA/QUALIFICATIONS MET: YES NO SCORE FOR COMPARATIVE EVALUATION CRITERIA A: SCORE FOR COMPARATIVE EVALUATION CRITERIA B: SCORE FOR COMPARATIVE EVALUATION CRITERIA C: SCORE FOR COMPARATIVE EVALUATION CRITERIA D: 5 TOTAL SCORE: l� NAME OF EVALUATOR: DATE: //0/zf /-? Evaluation of `Architect/Design Services — Central Fire Station' Submissions Page 4 of 4 COMPANY: G sS SUMMARY ALL MINIMUM CRITERIA/QUALIFICATIONS MET: YES c/ NO SCORE FOR COMPARATIVE EVALUATION CRITERIA A: S SCORE FOR COMPARATIVE EVALUATION CRITERIA B: SCORE FOR COMPARATIVE EVALUATION CRITERIA C: S SCORE FOR COMPARATIVE EVALUATION CRITERIA D: TOTAL SCORE: NAME OF EVALUATOR: G<?iY �idi'�c✓ ����i� DATE: Evaluation of `Architect/Design Services — Central Fire Station' Submissions Page 4 of 4 COMPANY: l kC 4<4441A 11�dlD � G SUMMARY ALL MINIMUM CRITERIA/QUALIFICATIONS MET: YES NO SCORE FOR COMPARATIVE EVALUATION CRITERIA A: SCORE FOR COMPARATIVE EVALUATION CRITERIA B: SCORE FOR COMPARATIVE EVALUATION CRITERIA C: SCORE FOR COMPARATIVE EVALUATION CRITERIA D: TOTAL SCORE: NAME OF EVALUATOR: ale/ �C✓�>;y A�,1911491 DATE: / Zd 13 Evaluation of `Architect/Design Services — Central Fire Station' Submissions Page 4 of 4 v COMPANY: , //e N i1T11 ALL MINIMUM CRITERIA/QUALIFICATIONS MET: YES ✓ NO SCORE FOR COMPARATIVE EVALUATION CRITERIA A: SCORE FOR COMPARATIVE EVALUATION CRITERIA B: .r SCORE FOR COMPARATIVE EVALUATION CRITERIA C: -5 SCORE FOR COMPARATIVE EVALUATION CRITERIA D: S TOTAL SCORE: NAME OF EVALUATOR: DATE: J 3 Evaluation of `Architect/Desip Services — Central Fire Station' Submissions Page 4 of 4 COMPANY: �C/ f C' f' SUMMARY ALL MINIMUM CRITERIA/QUALIFICATIONS MET: YES NO SCORE FOR COMPARATIVE EVALUATION CRITERIA A: .5 i SCORE FOR COMPARATIVE EVALUATION CRITERIA B: S i SCORE FOR COMPARATIVE EVALUATION CRITERIA C: s SCORE FOR COMPARATIVE EVALUATION CRITERIA D: y TOTAL SCORE: 20 NAME OF EVALUATOR: �` ��� Ilk DATE: / //,6 /" / 3 Evaluation of `Architect/Desip Services — Central Fire Station' Submissions Page 4 of 4 COMPANY: %z -'4�pV % o4.r r a y 1cl -�%� G SUMMARY ALL MINIMUM CRITERIA/QUALIFICATIONS MET: YES ANO SCORE FOR COMPARATIVE EVALUATION CRITERIA A: 5� SCORE FOR COMPARATIVE EVALUATION CRITERIA B: .- SCORE FOR COMPARATIVE EVALUATION CRITERIA C: SCORE FOR COMPARATIVE EVALUATION CRITERIA D: 5 / TOTAL SCORE: NAME OF EVALUATOR: C�6//e,� DATE: Ille1z,e43 Evaluation of `Architect/Design Services — Central Fire Station' Submissions Page 4 of 4 Architect/Design Services — Central Fire Station Proposals Received Allen Lieb Architects & Associates, P.C. CSS Architects Inc Donham & Sweeney Inc Kang Associates Reinhardt Associates The Carell Group, Inc The Galante Architecture Studio Inc Winter Street Architects INTEROFFICE MEMORANDUM TO: DATE: October 24, 2013 FROM: Ray Santilli Assistant Town Manager SUBJ: Evaluations of `Architect/Design Services — Central Fire Station' Proposals You have been designated to review the proposals received in response to the Request for Qualifications for `Architect/Design Services — Central Fire Station'. A total of eight (8) submissions were received. The following documents are included in this package: The complete RFQ document; ♦ Copies of the "Evaluation of Architect/Design Services — Central Fire Station Submissions" form; Copies of each of the eight (8) proposals to review and evaluate. You will first need to read the RFQ document to acquaint yourself with the specific requirements. I have included in the evaluation form the specific requirements for the comparative evaluation criteria. For each of the comparative evaluation criteria, you must score the proposal as either "highly advantageous" for 5 points, "advantageous" for 3 points, "least advantageous" for 1 point, or "does not meet" for 0 points. The last page of the evaluation form is a summary of the allotted scores for each proposal. Please complete your review of the complete proposal regardless of the score of any individual criteria. Please return the evaluation forms directly to me. If you have any questions, concerns and/or issues, please call me at 978-688-9516. 92 COMPANY: Evaluation of `Architect/Design Services — Central Fire Station' Submissions Minimum Criteria/Oualifications Each applicant must demonstrate that it meets the following minimum qualifications: A. Minimum of five years experience in public projects of a similar nature for the principals assigned, specifically including work with municipal fire stations in Massachusetts. In documenting this qualification, the applicant should describe the professional background of the firm and the extent of previous experience of firm personnel or consultants to be assigned to the project and identify the anticipated role that each will play in the project. B. Knowledge of, and experience in, legal and administrative requirements, procedures, and practices related to the design and construction of Massachusetts public building projects including the State Building Code, regulations of the Architectural Barriers Board and Massachusetts public building and procurement law. C. Possess all necessary current licenses and registrations, either within the firm or through independent consultants, to qualify under Massachusetts' law to perform the function of the architect/designer of the projects. D. Provide evidence of insurance for general liability, automobile, worker's compensation (statutory) and professional services liability, as required. E. Provide detailed description of at least two recent similar projects on which the architect/ designer has performed similar services, identifying references with the owners of those projects as well as the personnel who worked on them and stating whether those individuals will be assigned to the Project. F. Not be debarred under MGL c149, §44C or disqualified under MGL c7, §38D. a) Submission of required statements and forms. ALL MINIMUM CRITERIA/QUALITIFCATIONS MET: YES NO Evaluation of `Architect/Design Services — Central Fire Station' Submissions Page 1 of 4 11 Comparative Evaluation Criteria All proposals meeting the minimum criteria/qualifications will then be evaluated based upon the specific comparative evaluation criteria. The following point schedule will be utilized: Highly advantageous 5 points Response excels on the specific criterion Advantageous 3 points Response meets evaluation standard for the criterion Least Advantageous 1 point Response does not fully meet the criterion or leaves a question or issue not fully addressed Does Not Meet 0 points * Does not address the criterion * Proposal is automatically eliminated from further consideration if "0 points" is received in any category. A. Project Management Experience: Successful experience of firm or individual in the role of Architect/Designer for a municipal fire station in the Commonwealth of Massachusetts over the last five (5) years: ♦ Experience in completing four (4) or more municipal architect/design contracts for a municipal fire station will be considered Highly Advantageous (5 points) ♦ Experience in completing two (2) or three (3) municipal architect/design contracts for a municipal fire station will be considered Advantageous (3 points) ♦ Experience in completing one (1) municipal architect/design contract for a municipal fire station will be considered Least Advantageous (1 point) ♦ No experience in municipal architect/design contracts for a municipal fire station will be considered as Does Not Meet (0 points and elimination from further consideration) ♦ elimination from further consideration) SCORE FOR COMPARATIVE EVALUATION CRITERIA A: B. Project Design and Availability: Ability of firm or individual to begin work immediately and maintain an intensive schedule to meet the Town's timetable: ♦ Able to devote sufficient resources to complete the projects according to the Town's timetable, and available by mid-November 2013 to begin contract work will be considered Highly Advantageous (5 points) ♦ Information provided leaves unsure of ability to devote sufficient resources and to meet the projects' timetables, and available by December 2013 to begin contract work will be considered Advantageous (3 points) ♦ Demonstrate limited architect/design ability, but may be able to devote sufficient resources to complete the project in accordance with Town's timetable, and available by December 2013 to begin contract work will be considered Least Advantageous (1 Evaluation of `Architect/Design Services — Central Fire Station' Submissions Page 2 of 4 ►1 point) ♦ Unable to devote sufficient resources to meet the project's timetable will be considered as Does Not Meet (0 points and elimination from further consideration) SCORE FOR COMPARATIVE EVALUATION CRITERIA B: C. Team and Key Staf£ Qualifications and involvement of key personnel to be assigned to this project and the experience of such personnel in relation to successfully completing the role of architect/designer for a municipal fire station project similar in size and/or nature: ♦ Key staff that have at least seven (7) years of relevant experience in architect/design of a municipal fire station in the Commonwealth of Massachusetts will be considered Highly Advantageous (5 points) ♦ Key staff that have at least five (5) years of relevant experience in architect/design of a municipal fire station in the Commonwealth of Massachusetts will be considered Advantageous (3 points) ♦ Key staff that have less than five (5) years of relevant experience in architect/design of a municipal fire station in the Commonwealth of Massachusetts will be considered Does Not Meet (0 points and elimination from further consideration) ♦ Not Meet (0 points and elimination from further consideration) SCORE FOR COMPARATIVE EVALUATION CRITERIA C: D. Quality of References: References will be evaluated to identify the ability and quality of previous work as an architect/designer on a municipal fire station in the Commonwealth of Massachusetts over the last five (5) years: ♦ Achieving successful architect/design experience from four (4) or more previous contracts will be considered Highly Advantageous (5 points) ♦ Achieving successful architect/design experience from two (2) or three (3) previous contracts will be considered Advantageous (3 points) ♦ Achieving successful architect/design experience from one (1) previous contract will be considered Least Advantageous (1 point) ♦ No successful experience in any previous architect/design contract will be considered as Does Not Meet (0 points and elimination from further consideration) SCORE FOR COMPARATIVE EVALUATION CRITERIA D: Evaluation of `Architect/Design Services — Central Fire Station' Submissions Page 3 of 4 COMPANY: SUMMARY ALL MINIMUM CRITERIA/QUALIFICATIONS MET: YES NO SCORE FOR COMPARATIVE EVALUATION CRITERIA A: SCORE FOR COMPARATIVE EVALUATION CRITERIA B: SCORE FOR COMPARATIVE EVALUATION CRITERIA C: SCORE FOR COMPARATIVE EVALUATION CRITERIA D: TOTAL SCORE: NAME OF EVALUATOR: DATE: Evaluation of `Architect/Design Services — Central Fire Station' Submissions Page 4 of 4 Santilli, Ray From: Tony Nazaka [tnazaka@cmkarch.com] Sent: Thursday, October 17, 2013 12:09 PM To: Santilli, Ray Subject: Re: RFQ-Architect Services for the Central Fire Station Good afternoon Mr. Santilli, I am emailing in regards to the RFQ submitted for architectural services for your new fire station. We at CMK Architects are very interested in this job, and we have a vast amount of civic and fire station experience under our belt. My question is in regards to your minimum Criteria/Qualifications and Evaluation Criteria. Section 'D', on page 10 of the RFQ asks for references as being an architect/designer in the Commonwealth over the past 5 years. It states that "No successful experience in any previous architect/design contract will be considered as Does Not Meet (0 points and elimination from further consideration)". As you may or may not know, it is extremely difficult for a NH based firm to "break into" the Massachusetts architectural world. Furthermore, it is frustrating because many "big" architectural firms in the Boston and Massachusetts area can come into NH and "wow" small towns with impressive portfolios of similar work. While we may not have an large impressive portfolio of fire station projects, we do have a portfolio of over 10 successful fire stations, as well as countless projects with state and municipal government clients of successful projects met prior to schedule, and often under budget. We also have 2 rofessionals with Massachusetts Architectural Registration. Overall, we feel we can not only provide you with the new facility you describe in your RFQ, but we would also offer a very competitive fee, compared to some of the firms that may come out of the greater Boston area. North Andover is, after all, located right at the midpoint of Boston and Manchester NH, where we are located. We feel it would benefit your Town and Fire Station to solicit qualifications from NH based firms not only to get more variety, but to also see how much money can be saved out of fee's, and be directly spent on improving your project. I urge you to check out some of our work at www.cmkarchitects.com. We have a long history of civic work, and we have been steadily becoming one of the top firms in the state as far as green design. One of our most recent projects, which was 300,000 s.f. of renovation and new space to the Kingswood Regional School, is using 60% less energy than a typical school, and 30% less energy than a typical LEED silver certified school. I want to thank you for your time, and wish you all the best of luck with your project in the future. Best regards, Tony Nazaka Intern Architect/Associate CMK Architects, P.A. 603 Beech Street Manchester, NH 03104 www.cmkarchitects.com ADDENDA #1— October 16, 2013 REQUEST FOR QUALIFICATIONS ARCHITECT/DESIGNER SERVICES CENTRAL FIRE STATION TOWN OF NORTH ANDOVER, MASSACHUSETTS The following answers are provided to questions submitted by potential proposers: 1. Is the ball field to be relocated as part of this project? Does the architect services need to cover that scope? The ball field will not be relocated as part of this project. 2. Has any geo-technical work been done on the site? If not, do you plan on having the OPM or the Architect manage those studies? No geo-technical work has been done on the site. The Architect will be responsible for coordinating such activities. 3. Is the site served with sufficient utilities [gas, water, and sewer] in quantity and pressure to provide for the new building? The architect (and engineer) shall review/study utility connections for the site. 4. There have been different references to the needed floor area; can you confirm the gross floor area needed? The facilities master plan prepared by The Cecil Group in 2012 contains a series of recommendations. Determining the requirements of the project is within the scope of services of the architect. 5. Section 7.E. in the RFP makes reference to "renovation/addition of existing structure". Is it assumed that no longer applies? This reference no longer applies. W TOWN OF NORTH ANDOVER 120 MAIN STREET NORTH ANDOVER, MASSACHUSETTS 01845 Raymond T Santilli Assistant Town Manager Mr. Gordon P. Sainsbury Executive Director Designer Selection Board One Ashburton Place, Room 1004 Boston, MA 02108 Dear Mr. Sainsbury: t10RTF� 0�4t�eo is 1N O p �SSACHUSE� October 10, 2013 TEL (978) 688-9516 FAX (978) 688-9556 The Town of North Andover recently advertised for architect/designer services for a `Central Fire Station' project (Central Register Volume 33, Issue 40, dated October 2, 2013). The tentative schedule for this project is: Nov, 2013 — Apr, 2014 Space programming, schematic design, cost estimates May, 2014 Town Meeting approval for construction funding Jun— Sep, 2014 Design development Oct — Dec, 2014 Construction bid documents Jan - Feb, 2015 Construction bid process and contract award Apr, 2015 - Mar, 2016 Construction phase Apr, 2016 Project occupancy date Sincerely, Raymond T. Santilli Assistant Town Manager LCL elLfldYld 400�F O V mo i, A?o4adw4c J, 02708 DEVAL L. PATRICK TEL: (617) 727-4046 BERNIE FELDSTEIN GOVERNOR FAX: (617) 727-0112 CHAIRMAN TIMOTHY P. MURRAY GORDON P. SAINSBURY, AIA, RIBA LIEUTENANT GOVERNOR EXECUTIVE DIRECTOR 10/2/2013 Ray Santilli, Assistant Manager Town of North Andover 120 Main Street North Andover, MA 01845 Central Register Reminder for Designer Evaluation Dear Ray Santilli, Assistant Manager, I would like to remind you of the need to submit a Designer Evaluation Form for your recently advertised project (Central Register Volume 33, Issue 40 dated 10/2/2013 referred to as Central Fire Station within 70 days of the occupancy date of the project. Please forward the schedule for this project with the expected occupancy date. An additional reminder will be sent out based on this schedule. At the completion of the Schematic Design phase, the Agency must provide the Designer with a written preliminary evaluation for informational purposes. The Design Phase form may be utilized at this phase. This preliminary evaluation is not required to be submitted to the Division of Capital Asset Management and Maintenance (DCAMM) and the Designer Selection Board (DSB), but must be provided to the Designer no later than 30 days after completion of the schematic design phase of the project. At the completion of the Construction project, the Public Agency must provide the Designer with a completed Design Phase and Construction Phase Evaluation Form for the entire project. These two completed forms must be submitted to the Designer no later than 30 days after occupancy of the project. The Public Agency must then submit these forms to the DSB and DCAMM no later than 70 days after occupancy. Any Public Agency that fails to complete and submit the designer evaluation form together with any written response from the Designer, to the DSB and DCAMM within 70 days of occupancy, shall be ineligible for the receipt of any public funds disbursed by the Commonwealth for the purposes of public building or public works projects. (M.G.L. c. 149, §44D(7) For more information on Designer Evaluations and/or a Microsoft Word version of the forms please refer to the web site at http://www.state.ma.us/cam/forms/fi devaluate.html. Sincerely, µ ��hYJSI�v Gordon P. Sainsbury, AIA; RIBA Executive Director Designer Selection Board 0 TOWN OF NORTH ANDOVER REQUEST FOR QUALIFICATIONS ARCHITECT/DESIGN SERVICES CENTRAL FIRE STATION Contact Address Telephone Number: Fax Number: Email October 2, 2013 Ray Santilli Assistant Town Manager 120 Main Street North Andover, MA 01845 978-688-9516 978-688-9556 rsantilli@townofnorthandover.com Table of Contents 1. Introduction.......................................................... 3 2. Submission Deadline and Instructions ............................ 3 3. Questions, Addendum or Proposal Modifications ............... 4 4. Modifications to Proposal ........................................... 5 5. Pre -Proposal Conference/Briefing ................................. 5 6. Background Information ............................................. 5 7. Scope of Services .................................................... 6 8. Requirements for Applications .................................... 7 9. Minimum Criteria/Qualifications.................................. 8 10. Comparative Evaluation Criteria ................................. 9 11. Initial Fee Proposals ............................................... 11 12. Awarding of Contract ............................................. 11 Certifications............................................................ 12 Agreement for Design Services ....................................... 14 Town of North Andover RFQ Page 2 of 39 Architect/Design Services — Central Fire Station 1. Introduction The Town of North Andover invites proposals from qualified firms for Architect/Design services associated with the design and construction of a modern, state-of-the-art Central Fire Station on Chickering Road at Prescott Street. Qualified companies are requested to submit their proposals to the Assistant Town Manager at the Town Hall, 120 Main Street, North Andover, MA, in accordance with the instructions contained within this Request for Qualifications (RFQ). Notice of this RFQ is published in the Central Register (which is a weekly publication of the Office of the Secretary of State), the Eagle -Tribune (a newspaper of general circulation) and posted on the Town website (www.townofnorthandover.com) under "Bids, Quotes and Proposals" The Town will accept proposals delivered in person or by mail. All proposals must be received by 2:00 p.m. on Thursday, October 24, 2013 to be considered. Proposals submitted by fax or by electronic mail will not be considered. All proposals must be submitted to: Mr. Ray Santilli, Assistant Town Manager North Andover Town Hall 120 Main Street North Andover, MA 01845 This is not a price competition, but rather the Town's decision will be based upon qualifications and experience with similar projects. The Town will evaluate proposals and enter negotiations with the highest scoring proposer. If unsuccessful, the Town may attempt to negotiate with the second highest scoring proposer. The Town of North Andover may cancel this RFQ or reject in whole or in part any and all proposals, if they determine that cancellation or rejection serves the best interest of the Town of North Andover. 2. Submission Deadline and Instructions Qualified persons or firms are requested to submit proposals marked "Architect/Design — Central Fire Station" with the applicant's name and address on the front. Applicants should provide one (1) signed original proposal and five (5) copies. Fax or electronic submissions will not be accepted. Applicants must also execute and include in the sealed submission the Certificate of Vote, Certificate of Non -Collusion, and the Certificate of Tax Compliance. The Town of North Andover, through the Town Manager, is the awarding authority and reserves the right to reject any and all proposals or parts of proposals; to waive any defects, information, and minor irregularities; to accept exceptions to these specifications; and to award contracts or to cancel this Request for Qualifications if it is in the Town of North Andover's best interest to do so. Town of North Andover RFQ Page 3 of 39 Architect/Design Services — Central Fire Station Proposals must be signed as follows: a) if the bidder is an individual, by her/him personally; b) if the bidder is a partnership, by the name of the partnership, followed by the signature of each general partner; and c) if the bidder is a corporation, by the authorized officer, whose signature must be attested to by the Clerk/Secretary of the corporation and the corporate seal affixed. All proposals must be received and registered by the Assistant Town Manager's office by Thursday, October 24, 2013 at 2:00 p.m. All outer envelopes/packages must be labeled "Architect/Design Services — Central Fire Station" and mailed or hand delivered to the following address: Mr. Ray Santilli, Assistant Town Manager North Andover Town Hall 120 Main Street North Andover, MA 01845 No proposals will be accepted after the time and date noted. Late delivery of materials due to any type of delivery system shall be cause for rejection. If on the date and time of the submittal deadline the Town Hall is closed due to an uncontrolled event such as fire, snow, ice, wind or building evacuation, the submittal deadline will be postponed until 2:00 p.m. on the next normal business day. 3. Questions, Addendum or Proposal Modification Questions concerning this RFQ must be submitted in writing to: Ray Santilli, Assistant Town Manager, North Andover Town Hall, 120 Main Street, North Andover, MA 01845, or they may be emailed to Mr. Santilli at rsantilli@townofnorthandover.com. All questions/ inquiries must be received by close of business on Tuesday, October 15, 2013 to be considered. Questions/inquiries may be delivered, mailed, emailed or faxed. Written responses will be posted on the Town's website (www.townofnorthandover.com) in "Bids, Quotes and Proposals" by 2:00 p.m. on Thursday, October 17, 2013. If any changes are made to this RFQ, an addendum will be posted on the Town's website in "Bids, Quotes and Proposals". It is the sole responsibility of the bidder to ascertain the existence of any addenda and/or modifications issued by the Town. As this RFQ has been published on the Town's website (www.townofnorthandover.com) all bidders are responsible for checking the website for any addenda and /or modifications that are subsequently made to this RFQ. The Town accepts no liability for and will provide no accommodations to bidders who fail to check for amendments and/or modifications to this RFQ and subsequently submit inadequate or incorrect responses. Bidders may not alter (manually or electronically) the RFQ language or any RFQ component files. Modifications to the body of the RFQ, Scope of Work, terms and conditions, or which change the intent of this RFQ are prohibited and may disqualify a response. All proposals submitted in response to this RFQ shall remain firm for sixty (60) days following the submittal deadline. It is anticipated that the contract will be awarded within thirty (30) days after the submittal deadline. Town of North Andover RFQ Page 4 of 39 Architect/Design Services — Central Fire Station Bidders are not to communicate directly with any employee of the Town of North Andover, except as specified in this RFQ, and no other individual employee or representative is authorized to provide any information or respond to any question or inquiry concerning this RFQ. Bidders may contact the Contact Person for this RFQ in the event this RFQ is incomplete or the bidder is having trouble obtaining any part of the RFQ electronically through the Town website (www.townofnorthandover.com), including, and without limitation the form and attachments. Bidder with disabilities or hardships that seek reasonable accommodations, which may include the receipt of RFQ information and/or addenda and/or modifications in an alternative format, must communicate such requests in writing to the contact person, and reasonable accommodation will be made by agreement with the contact person on behalf of the Town of North Andover. 4. Modifications to Proposal A vendor may correct, modify, or withdraw a proposal by written notice received by the Town prior to the time and date set for the proposal opening. Proposal modifications must be submitted in a sealed envelope clearly labeled "Modification No. Each modification must be numbered in sequence, and must reference the original RFP. 5. Pre -Proposal Conference/Briefing There will be no pre -proposal submission conference/briefing for this project 6. Background Information In early 2011, the Town of North Andover contracted with The Cecil Group to provide evaluation and design services for space needs associated with the various municipal and school departments. The results of the study would become the basis for a long term facilities plan. The `North Andover Recommended Facilities Master Plan' was released in May 2012. Building and site assessments were conducted in detail. In regards to the current Central Fire Station building, The Cecil Group reported: The North Andover Fire Station is located on a 1.04 acre site at 124 Main Street. The building, constructed in 1910, is 9,364 square feet and has two stories plus a basement. The first floor has three fire truck bays and a small office, and the second floor has a kitchen, lounge, offices, and sleeping quarters. There are storage spaces, building services and an exercise room in the basement, which provides a connection to the Town Offices next door. The building does not have an elevator. Instead, there are two stairways, one between each floor. The building has a wood frame, brick masonry walls and flat roofs; a new roof was recently installed. There are steel trusses that appear to span the east -west width of the building. An assessment of the building revealed the following issues and needs: Town of North Andover RFQ Page 5 of 39 Architect/Design Services — Central Fire Station o Not ADA compliant o Window replacement required o Floor repairs required o Re -pointing required o Upgrade electrical system required o Upgrade plumbing system required o Upgrade to HVAC upgrade required In addition to these needs, the basement slab should be repaired or replaced because it has a number of cracks and pits. The fire alarm system and life safety systems should be upgraded, and the stair railings need to be made ADA compliant. As part of a multi-year facilities master plan implementation, 2013 Annual Town Meeting appropriated funds to contract the Owner's Project Manager and the Architect/Design Services in order to prepare a feasible design and cost estimate. The intent is to present the final plans and cost at the 2014 Annual Town Meeting (May 2014) for complete construction of a new Central Fire Station to be located on Chickering Road at the intersection of Prescott Street. If successful, construction bid documents will be prepared in the summer/fall of 2014, the project bid in late fall 2014/early winter 2015, and construction to begin in the spring 2015. This parcel (3.84 acres) is owned by the Town and has been designated for a future public safety facility. The parcel is flat and currently has a softball -sized field located on it. Behind the property are the North Andover High School track and field facilities, and beside the property is open residential property. An access drive from Prescott Street runs through the site to the High School track and field facilities, and the access continues onto the High School parking lot. 7. Scope of Services The Architect/Designer will be responsible for, but not limited, to providing the following services: A. Gather information required to become familiar with the project and the various parties that must be communicated with during the architect/design process. B. Meet with Town, OPM, and other interested stakeholders as necessary. C. Review the program furnished by the Town to ascertain the requirements of the project and shall arrive at a mutual understanding of such requirements with the Town. D. Provide a preliminary evaluation of the Town' program, schedule and construction budget requirements, each in terms of the other. E. Review with the Town alternative approaches to design and construction of the project (renovation/addition of existing structure or new construction). F. Based on the mutually agreed-upon program, schedule and construction budget requirements, the Architect shall prepare, for approval by the Town, schematic design Town of North Andover RFQ Page 6 of 39 Architect/Design Services — Central Fire Station documents consisting of drawings and other documents illustrating the scale and relationship of project components. G. Submit to the Town a preliminary estimate of construction cost, prepared by an independent cost estimator engaged by the Architect, based on current area, volume or other unit costs. H. Based on the approved schematic design documents and any adjustments authorized by the Town in the program, schedule or construction budget, the Architect shall prepare, for approval by the Town, design development documents consisting of drawings and other documents to fix and describe the size and character of the project as to architectural, structural, mechanical and electrical systems, materials and such other elements as may be appropriate. I. Advise the Town of any adjustments to the preliminary estimate of Construction Cost. J. Be available to support the process and budget request at meetings of the Board of Selectmen, Finance Committee and Annual Town Meeting. The Architect/Designer is to become fully engaged in the project immediately upon award of this contract. Upon successful and satisfactory completion of the listed and/or negotiated scope of services, the Town of North Andover may continue to engage the services of the successful individual or firm for the remaining phases of the new Central Fire Station project subject to funding appropriations for the project at future Town Meetings. At that point, the Town will negotiate the scope of services and fee schedule for the remaining phases. 8. Requirements for Application Each applicant must submit a written Application on the Designer Selection Board application form for "Standard Designer Application Form for Municipalities and Other Public Agencies not within DSB Jurisdiction (February, 2013)". (The application can be downloaded from http://www.mass.gov/anf/docs/dcam/dlfonns/dsb/I 3 -2-5 -munic-app.pdf.) The following information is specifically required: A. Firm/individual name, contact name, address, telephone and fax numbers; B. Firm/individual history including length of time the firm/individual has been in business; C. Names and titles of firm partners and/or officers; D. Key personnel that will be assigned to the project including: applicable registration numbers, resumes, professional designations, licenses held, and information on experience with similar projects; Town of North Andover RFQ Page 7 of 39 Architect/Design Services — Central Fire Station E. List of completed projects that would best illustrate qualifications for the project - references must be included; F. List of all ongoing projects with anticipated schedule(s) for completion; G. Names and qualifications of engineers and other consultants that may be used for the proj ect; H. Statement of the scope and type of services proposed for the project. The applicant should describe the process and methodology to be used in the completion of services with specific reference to examples of similar projects in which this methodology has been used; I. Work plan and schedule which reflects timetable for completion of the project; J. Statement of any legal administrative proceedings pending or concluded adversely to the applicant within the past five (5) years that relate to the applicant's performance of this type of work; K. Appropriate certificates of insurance; and L. Evidence of financial stability. 9. Minimum Criteria/Qualifications Each applicant must demonstrate that it meets the following minimum qualifications: A. Minimum of five years experience in public projects of a similar nature for the principals assigned, specifically including work with municipal fire stations in Massachusetts. In documenting this qualification, the applicant should describe the professional background of the firm and the extent of previous experience of firm personnel or consultants to be assigned to the project and identify the anticipated role that each will play in the project. B. Knowledge of, and experience in, legal and administrative requirements, procedures, and practices related to the design and construction of Massachusetts public building projects including the State Building Code, regulations of the Architectural Barriers Board and Massachusetts public building and procurement law. C. Possess all necessary current licenses and registrations, either within the firm or through independent consultants, to qualify under Massachusetts' law to perform the function of the architect/designer of the projects. D. Provide evidence of insurance for general liability, automobile, worker's compensation (statutory) and professional services liability, as required. Town of North Andover RFQ Page 8 of 39 Architect/Design Services — Central Fire Station E. Provide detailed description of at least two recent similar projects on which the architect/ designer has performed similar services, identifying references with the owners of those projects as well as the personnel who worked on them and stating whether those individuals will be assigned to the Project. F. Not be debarred under MGL c149, §44C or disqualified under MGL c7, §38D. G. Submission of required statements and forms. 10. Comparative Evaluation Criteria All proposals meeting the minimum criteria/qualifications will then be evaluated based upon the specific comparative evaluation criteria. The following point schedule will be utilized: Highly advantageous 5 points Response excels on the specific criterion Advantageous 3 points Response meets evaluation standard for the criterion Least Advantageous 1 point Response does not fully meet the criterion or leaves a question or issue not fully addressed Does Not Meet 0 points * Does not address the criterion * Proposal is automatically eliminated from further consideration if "0 points" is received in any category. A. Project Management Experience: Successful experience of firm or individual in the role of Architect/Designer for a municipal fire station in the Commonwealth of Massachusetts over the last five (5) years: ♦ Experience in completing four (4) or more municipal architect/design contracts for a municipal fire station will be considered Highly Advantageous (5 points) ♦ Experience in completing two (2) or three (3) municipal architect/design contracts for a municipal fire station will be considered Advantageous (3 points) ♦ Experience in completing one (1) municipal architect/design contract for a municipal fire station will be considered Least Advantageous (1 point) ♦ No experience in municipal architect/design contracts for a municipal fire station will be considered as Does Not Meet (0 points and elimination from further consideration) B. Project Design and Availability: Ability of firm or individual to begin work immediately and maintain an intensive schedule to meet the Town's timetable: ♦ Able to devote sufficient resources to complete the projects according to the Town's timetable, and available by mid-November 2013 to begin contract work will be considered Highly Advantageous (5 points) Town of North Andover RFQ Page 9 of 39 Architect/Design Services — Central Fire Station ♦ Information provided leaves unsure of ability to devote sufficient resources and to meet the projects' timetables, and available by December 2013 to begin contract work will be considered Advantageous (3 points) ♦ Demonstrate limited architect/design ability, but may be able to devote sufficient resources to complete the project in accordance with Town's timetable, and available by December 2013 to begin contract work will be considered Least Advantageous (1 point) ♦ Unable to devote sufficient resources to meet the project's timetable will be considered as Does Not Meet (0 points and elimination from further consideration) C. Team and Key Staff: Qualifications and involvement of key personnel to be assigned to this project and the experience of such personnel in relation to successfully completing the role of architect/designer for a municipal fire station project similar in size and/or nature: ♦ Key staff that have at least seven (7) years of relevant experience in architect/design of a municipal fire station in the Commonwealth of Massachusetts will be considered Highly Advantageous (5 points) Key staff that have at least five (5) years of relevant experience in architect/design of a municipal fire station in the Commonwealth of Massachusetts will be considered Advantageous (3 points) ♦ Key staff that have less than five (5) years of relevant experience in architect/design of a municipal fire station in the Commonwealth of Massachusetts will be considered Does Not Meet (0 points and elimination from further consideration) D. Quality of References: References will be evaluated to identify the ability and quality of previous work as an architect/designer on a municipal fire station in the Commonwealth of Massachusetts over the last five (5) years: ♦ Achieving successful architect/design experience from four (4) or more previous contracts will be considered Highly Advantageous (5 points) ♦ Achieving successful architect/design experience from two (2) or three (3) previous contracts will be considered Advantageous (3 points) ♦ Achieving successful architect/design experience from one (1) previous contract will be considered Least Advantageous (1 point) ♦ No successful experience in any previous architect/design contract will be considered as Does Not Meet (0 points and elimination from further consideration) Town of North Andover RFQ Page 10 of 39 Architect/Design Services — Central Fire Station 11. Initial Fee proposal An initial fee proposal may be submitted in a sealed separately marked envelope. Fee proposals will not be opened prior to the final technical service proposal rankings. The actual fee shall be subject to negotiation. The proposed fees should include all direct and indirect expenses as well as the costs of all sub -consultants and reimbursable expenses. Hourly rates for all proposed professional personnel assigned to the project should be indicated on the fee proposal. 12. Awarding of Contract The Town may schedule interviews with the three highest scoring firms or individuals. The Town will rank the finalists based on consideration of the minimum criteria/qualifications, the comparative evaluation criteria, and the interview (if applicable). The Town will begin discussion of final scope of services and fee negotiations with the top ranked firm or individual. If unsuccessful in the negotiations, the Town may attempt to negotiate with the next higher scoring respondent (and repeat that process) until successful. If negotiations with one or more of the finalists prove unsuccessful, the Town may reject all responses and may choose to re -advertise for architect/design services if deemed in the best interest to do so. The selected Architect/Designer will be required to execute the Town's Agreement for Design Services (see attached). It is the Town's intent to finalize and execute all contract documents with the selected firm by early November 2013. Town of North Andover RFQ Page 11 of 39 Architect/Design Services — Central Fire Station CERTIFICATIONS CERTIFICATE OF NON -COLLUSION The undersigned certifies under 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 natural person, business, partnership, corporation, committee, union, club or other organization, entity, or group of individuals. Signature Date Print Name & Title Company Name CERTIFICATE OF TAX COMPLIANCE Pursuant to Chapter 62C of the Massachusetts General Laws, Section 49A (b), I authorized signatory for Name of individual Name of contractor do hereby certify under the pains and penalties of perjury that said contractor has complied with all laws of the Commonwealth of Massachusetts, and the Town of North Andover, relating to taxes, permit or other fees, reporting of employees and contractors, and withholding and remitting child support. Signature Date Town of North Andover RFQ Page 12 of 39 Architect/Design Services — Central Fire Station CERTIFICATE OF VOTE At a duly authorized meeting the Board of Directors of the held on it was VOTED, THAT (Name) (Officer) of be and hereby is authorized to execute contracts and bonds in the name and on behalf of said , and affix its corporate seal hereto; and such execution of any contract or obligation in the name of on its behalf by such officer under seal of , shall be valid and binding upon that I hereby certify that I am the clerk of the above named and is the duly elected officer as above of said and that the above vote has not been amended or rescinded and remains in full force and effect as the date of this contract. (Date) (Clerk) Town of North Andover RFQ Page 1.3 of 39 Architect/Design Services — Central Fire Station AGREEMENT FOR DESIGN SERVICES THIS AGREEMENT is made as of the day of November, 2013, by and between (hereinafter called the "Designer") and the TOWN OF NORTH ANDOVER, MASSACHUSETTS, a municipal corporation duly established under the laws of the Commonwealth of Massachusetts (hereinafter called the "Town"). PRELIMINARY RECITALS A. The Town seeks to obtain certain design services associated with the design and engineering services for the construction of a new Central Fire Station ("the Project"). B. The Designer possesses the expertise to perform and/or coordinate such services in a timely and professional manner. AGREEMENT NOW, THEREFORE, in consideration of the mutual covenants and agreements herein contained, and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties hereto hereby agree as follows: Section 1. Description of Project/Scolie of Services The nature and scope of the services to be performed by the Designer are described in this Agreement and in Schedule I attached hereto and made a part hereof (the "Services"). Section 2. Time for Performance The Services shall be performed and completed within the time and in accordance with the schedule set forth in Schedule I1 attached hereto and made a part hereof. Section 3. Designer's Status The Designer's relationship to the Town is that of an independent contractor and not that of an agent or employee of the Town. Section 4. Designer's Performance 4.1 In the performance of the Services, the Designer will observe and comply with all federal, state and local laws, ordinances, codes, rules, regulations and orders applicable to the Project and the Services to be rendered by the Designer in connection therewith including but not limited to the applicable provisions of M.G.L. Chapter 7, M.G.L. Chapter 30, and M.G.L. Chapter 149. If a Contractor to the Designer performs Services which the Designer knew or should have known to be contrary to any laws, statutes, ordinances, building codes, rules or regulations without notice to the Town, the Designer shall assume full responsibility for such work and shall bear and be liable to the Town for the attributable costs and damages arising therefrom and indemnify the Town against the adverse consequences thereof. Town of North Andover RFQ Page 14 of 39 Architect/Design Services — Central Fire Station 4.2 All of the Services to be performed by the Designer under or pursuant to this Agreement, from the inception of the Agreement until the Services have been fully performed, shall conform to the standards of care and skill which prevail among competent and qualified professionals under the same or similar circumstances involving a project and services such as the Project and Services described herein. 4.3 The Designer shall coordinate and/or provide all technical and professional services, including labor, materials, supplies, equipment, transportation, accommodation, subsistence and supervision to perform all Services as set forth herein. All of the Services to be performed and/or coordinated by the Designer will be in accordance with current technological practices, means, methods, procedures and techniques for projects such as the Project as of the time the Designer performs the Services. 4.4 The Designer will furnish efficient business administration and superintendence and perform the Services in the most expeditious and economical manner consistent with the interests of the Town. 4.5 The Designer represents and warrants that it is duly licensed (and in good standing) to perform the Services in the Commonwealth of Massachusetts. The Designer further represents and warrants that it is familiar with and has a working knowledge of the Massachusetts provisions relating to competitive bidding and public construction projects. The Designer agrees that if in the opinion of the Town, the Designer is not familiar with such provisions, the Designer shall engage at its own expense, competent personnel subject to the approval of the Town. The Town's approval of such personnel shall not relieve the Designer of its duties and obligations under this Agreement. 4.6 In connection with any Services the Designer shall at all times keep the project sites free from accumulations of waste materials or rubbish caused by the Designer's activities. At the completion of the work under this Agreement, the Designer shall remove all such waste materials and rubbish from and about the Sites. 4.7 The Designer shall, at its own cost, completely repair, restore or replace (with the same or equal materials) any buildings or improvements damaged or injured by activities under this Agreement as a result of the Designer's activities or those of its agents, sub -contractors or employees. All such repair or replacement shall be completed to the Town's satisfaction. Should the Designer refuse or neglect to make such repairs or replacements within ten (10) days after receiving notice from the Town requesting such work, then the Town shall be entitled to perform such work at the expense of the Designer. 4.8 Left intentionally blank 4.9 If the Services to be performed by the Designer involve the preparation of Written Materials, such Written Materials prepared and to be prepared by the Designer for the Project (and, in the case of drawings or plans and specifications, all improvements when built in accordance therewith) will conform to the requirements of the State Building Code, 780 CMR 1, et sM., and to any other applicable federal, state, municipal and local laws, ordinances, rules, Town of North Andover RFQ Page 15 of 39 Architect/Design Services — Central Fire Station regulations, codes and orders in effect at the time such work is performed. The Designer shall certify such matters to the Town and all other interested parties, as and when requested by the Town from time to time. All such certifications shall be in a form reasonably acceptable to the Town and all other interested parties. 4.10 The Designer shall give the Town not less than two (2) days prior notice of the commencement of any work under this Agreement involving entry upon any project site. Authorization must be obtained by the Designer from the Town prior to the Designer's entering upon any project site for purposes of conducting examinations and other work required to accomplish the Services. In addition, during the course of such entry, the Designer shall use diligent efforts to minimize damage to buildings and interference with the use of suph sites. 4.11 , shall be the Town's primary contact person with the Designer, and , will be the Designer's primary contact person with the Town. These contact persons named herein shall remain with the Project from start to completion of the Services covered in this agreement. 4.12 All of the foregoing is in addition to, and not in lieu of, any and all other duties, obligations, liability and responsibility implied or imposed upon the Designer by law in connection with the Services to be performed by the Designer hereunder. Section 5. Compensation 5.1 The Designer shall be paid a "fixed fee" amount for each major phase of service in accordance with Schedule III attached hereto, which will include all labor, overhead, profit, insurance, office, travel, and any other direct or indirect cost in connection with the Designer's provision of services as specified in Schedule I "Scope of Services" attached hereto, except for "Reimbursable Expenses and Sub -Contractors" under Section 5.3 hereof. The Contract Sum shall be paid as hereinafter provided in Section 6 hereof. 5.2 The Designer will enter into a certificate of a truth -in -negotiations certificate in the form prescribed by M.G.L. c.7, §38H(b) at the time of final execution of this Agreement. 5.3 "Reimbursable Expenses" and "Sub -Contractor" shall mean reasonable expenses pre - approved by the Town and incurred by the Designer in connection with the conduct of approved Services associated with the printing, copying, and mailing/delivery of printed materials such as plans and specifications; and the use of outside sub -contractors for specialized technical services deemed necessary by mutual consent of the Designer and the Town. The Designer shall submit to the Town for approval a written scope of work and cost estimates for services proposal for each sub -contractor prior to proceeding with the specified work. Payment for Reimbursable Expenses and Sub -Contractor shall be made within thirty (30) days after receipt and approval by the Town of a detailed monthly invoice of such expenses. Said monthly invoices shall (i) include a detailed itemization of the services rendered/completed, along with attached copies of the original invoices submitted to and paid by the Designer, and (ii) be certified as correct by the Designer and shall contain a further certification by the Designer that all due and payable bills with respect to the expenses shown in such monthly invoice have been paid to date or shall be Town of North Andover RFQ Page 16 of 39 Architect/Design Services — Central Fire Station paid from the proceeds of the payment made pursuant to such invoice. Section 6. Payment 6.1 Based upon the documentation submitted to the Town as hereinafter provided, the Town shall make progress payments on account of the Contract Sum as follows: The Designer shall invoice the Town once per month for the portion of the Services rendered/completed during the past month. The amount of each monthly progress payment shall be equal to the percentage amount attributable to the specific Phase of the Scope of Services completed as set forth in Schedules I, Il & III attached hereto, less retainage in such amount as the Town shall determine for any incomplete work and any claims of the Town against the Designer. The monthly invoice shall also contain separate progress payment sums for work performed/completed by any sub- contractor as specified under Section 5.3 of this Agreement. Monthly invoices shall be paid within thirty (30) days after submission to the Town of the following (all in form acceptable to the Town): (i) the certificate of the Designer stating that the Phase/portion of the Services for which payment is being requested has been completed in compliance with this Agreement; (ii) reproducibles of all plans, reports, studies and other materials to be prepared and delivered to the Town in connection with the Phase/portion of the Scope of Services for which payment is being requested. 6.2 Left intentionally blank 6.3 Neither the Town's payment of any progress payment or any final payment on account of the Contract Sum hereunder, nor the Town's failure to withhold any such payment(s) shall result in or cause a release or discharge of the Designer of its obligations hereunder or constitute a waiver of any claims against the Designer. 6.4 Any provision hereof to the contrary notwithstanding, the Town shall not be obligated to make any payment (whether a Progress Payment or Final Payment) to the Designer hereunder if any one or more of the following conditions exist, to -wit: 6.4.1 The Designer is in default of any of its obligations hereunder or otherwise is in default under this Agreement; 6.4.2 Any part of such payment is attributable to Services which are not performed in accordance with this Agreement; 6.6 No Progress Payment or other partial payment made hereunder shall be, or be construed to be, final acceptance or approval of that part of the Services to which such Progress Payment or other partial payment relates or relieve the Designer of any of its obligations hereunder with respect thereto. 6.7 The making of Final Payment by the Town to the Designer shall not constitute a waiver of any claims by the Town against the Designer arising from (i) unsettled liens, (ii) faulty or defective Services, or any errors or omissions in the Designer's performance of the Services, appearing after completion thereof, (iii) failure of the Services to comply with the requirements Town of North Andover RFQ Page 17 of 39 Architect/Design Services — Central Fire Station of this Agreement, or (iv) the terms of this Agreement or provided by law pertaining to the Designer's performance of the Services, or any breach thereof by the Designer, all of which shall survive such Final Payment and final acceptance of the Services. The acceptance of Final Payment shall constitute a waiver of all claims by the Designer except those previously made in writing and identified by the Designer as unsettled at the time of the Final Request for payment. Section 7. Chances in Services 7.1 All changes in the scope of the Services shall be effected by written instrument signed by both the Town and the Designer. In no event shall the Town be required to accept and/or pay for any Services beyond the scope of the Services set forth in Schedule 1, IA and IV attached hereto unless the same is set forth in a written instrument signed by the Town and the Designer, nor shall the Town be required to pay more for any such change in the scope of the Services than is stated in such agreed upon written instrument. 7.2 In accordance with M.G.L. c.7, §38HO), the Designer or its sub -contractors shall not be compensated for any services involved in preparing changes that are required for additional work that should have been anticipated by the Designer in the bid documents, as reasonably determined by the North Andover Town Manager. Section 8. Insurance 8.1 The Designer shall provide at its own expense and maintain during the term of this Agreement, insurance policies issued by recognized and responsible insurers satisfactory to the Town and authorized to do business in the Commonwealth of Massachusetts, covering the Designer's activities in connection with this Agreement. Such insurance shall provide coverage of the type and in the amounts specified. Coverage's under 8.1.3, 8.1.4 and 8.1.5 shall be provided on an "occurrence" basis. 8. 1.1 As to claims covered by Worker's Compensation, the amount of the statutory limits for any state in which Services are to be performed. 8.1.2 Employer's liability insurance with limits of not less than $500,000.00 except that, if the new form policy is used, limits must be not less than $500,000.00 per accident, $500,000.00 per disease and a $2,000,000.00 policy limit on disease. 8.1.3 Insurance upon each motor vehicle used by the Designer in connection with the work provided hereunder, providing public liability coverage as to such vehicle or vehicles of not less than $1,000,000.00 for each occurrence and $1,000,000.00 in the aggregate with respect to bodily injury and property damage. 8.1.4 A comprehensive general liability policy providing bodily injury coverage, including death, for not less than $1,000,000.00 coverage as to each occurrence and $1,000,000.00 aggregate and $500,000.00 property damage, with contractual liability recognizing the indemnities contained in this Agreement and completed operations for at least two (2) years. Town of North Andover RFQ Page 18 of 39 Architect/Design Services — Central Fire Station 8.1.5 Professional liability insurance covering claims arising out of errors, omissions and acts by the Designer in rendering professional services, in the amount of $1,000,000.00 or ten (10%) per cent of the project's estimated cost of construction, whichever is greater, including contractual liability coverage, with all coverage retroactive to the earlier of the date of this Agreement or commencement of the Designer's Services with respect to the Project, which coverage shall be maintained for a period of at least three (3) years after the date of Final Payment by the Town to the Designer with respect to the Project. 8.1.6 Valuable papers insurance with a limit of not less than $120,000.00 for each loss, insuring the restoration of any documents, reports, memoranda, analysis, drawings and similar papers or data relating to the Services in the event of loss or destruction. 8.2 Notwithstanding any other provision of this Agreement to the contrary, should any insurance policy required by this Agreement be cancelled or otherwise terminated before the completion of the Services hereunder, the Designer shall use all diligent efforts to procure and maintain in force similar insurance from insurers satisfactory to the Town and shall provide certificates of such insurance to the Town upon the execution of this Agreement and thereafter upon the Town's written request. In the event that the Designer is unable to obtain the required insurance coverage, then either the Designer or the Town shall have the right to terminate this Agreement without penalty, such termination to be governed by the provisions of Section 21 hereof. 8.3 On the date of this Agreement, the Designer shall furnish a certificate evidencing all of the required insurance coverage, and providing that no such coverage shall be cancelled without at least thirty (30) days' prior written notice to the Town. The Town shall be named as an additional insured party under the policies specified in paragraphs 8.1.2, 8.1.3, 8.1.4, 8.1.5, and 8.1.6 above. Section 9. Indemnification 9.1 To the fullest extent permitted by applicable law, the Designer and its agents, partners, employees, sub -contractors (collectively, "Indemnitors") shall and do agree to indemnify, defend and hold harmless the Town and its representatives, officers, attorneys, officials, employees and agents (collectively "Indemnitees") from and against all liability, claims, demands, damages, losses, liens, causes of action, suits, judgments, fines, penalties, costs and expenses (including, without limitation, reasonable attorney fees and costs of defense regardless of the outcome of the claim or suit), of any nature, kind or description claimed, asserted or prosecuted by any person or entity whomsoever, arising out of, caused by, or resulting from (a) the performance of the Services or any part thereof, or (b) any act or omission, negligent or otherwise, of the Indemnitors, anyone directly or indirectly employed by any of them or anyone for whose acts they may be liable. This indemnity shall survive the termination or expiration of this Agreement. This indemnity shall be in addition to, and not in lieu of, any and all other professional liability which the Indemnitors have or may have to the Indemnitees or Town of North Andover RFQ Page 19 of 39 Architect/Design Services — Central Fire Station to third parties as a matter of law. Indemnitors also shall pay and reimburse Indemnitees for any and all reasonable attorney fees incurred by Indemnitees in connection with any litigation arising under this Agreement as a result of any breach or default by Indemnitors hereunder. The Designer's indemnification obligation covers all liability, claims or causes of action arising out of but not limited to the following: (a) Any infringement (actual or claimed) of any intellectual property right, whether it be trade secret, patent, trademark, copyright or trade name by reason of any Services to be performed hereunder or by reason of anything to be supplied hereunder; and (b) Bodily injury, sickness, disease or death, or injury to or destruction of property including the loss of use and consequential damages resulting there from. 9.2 In the event more than one of the Indemnitors are connected with an accident or occurrence covered by this indemnification, then each of such Indemnitors shall be jointly and severally responsible to the Indemnitees for indemnification and the ultimate responsibility among such Indemnitors for the loss and expense of any such indemnification shall be settled by separate proceedings and without jeopardy to any Indemnitee. The provisions of this Section shall not be construed to eliminate or reduce any other indemnification or right which the Town or any of the Indemnitees has by law against the Designer or any of the Indemnitors. Section 10. Notices All reports and payments, together with all notices and other communications required to be given under the terms of this Agreement, shall be made in writing and shall be deemed to have been made and given if mailed by certified mail, sent by overnight courier, transmitted by electronic facsimile or hand delivered to the party to receive such notice, addressed as follows: To the Town: To Designer: Section 11. Confidential and Proprietary Information; the Ownership of Documents 11.1 All designs, drawings, plans, specifications, models, technical data, calculations, reports and other documents, information and material produced, generated or compiled by the Designer and any sub -contractors engaged by the Designer in the performance of this Agreement (all herein collectively referred to as "Written Materials") shall be and become the joint property Town of North Andover RFQ Page 20 of 39 Architect/Design Services — Central Fire Station of the Town and the Designer. The Town and the Designer are vested with equal rights of ownership therein, including, without limitation, all copyrights (both statutory and common law) all of which are hereby assigned by the Designer to the Town in consideration of the compensation paid by the Town to the Designer hereunder. Without limitation upon the generality of the foregoing, it is expressly understood and agreed that the Town may utilize the Written Materials with respect to construction, maintenance, repair, alteration, expansion, modification and reconstruction of the Project at any time and from time to time. Furthermore, in the case of design drawings and/or specifications, the Town may utilize any drawings, plans or specifications produced, generated or compiled by the Designer or its Designers with respect to another project, provided the Designer shall not be responsible for changes made to the drawings, plans, or specifications without the Designer's authorization, nor for the Town's use of the drawings, plans or specifications on another project. The Designer agrees that the Town shall have access at all reasonable times to inspect and make copies of all of said Written Materials in the Designer's possession pertaining to the Project and the Services performed thereon by the Designer under this Agreement. All of the Town's rights hereunder shall survive any cancellation, termination or expiration of this Agreement. Section 12. Default and Delays 12.1 If the Designer defaults or neglects to carry out the Services in accordance with this Agreement or fails to perform any provision of this Agreement, the Town may, after five days' written notice to the Designer and without prejudice to any other remedy he may have, make good such deficiencies and may deduct the cost thereof from the payment then and thereafter due the Designer or, at its option, may terminate this Agreement. 12.2 The Designer hereby agrees that it shall have no claim for damages of any kind on account of any delay in the commencement of the Services and/or any delay or suspension of any portion of the Services, whether such delay is caused by the Town or otherwise. Section 13. Subcontracts 13.1 The Designer shall not delegate any of its duties hereunder, except to competent and reliable sub -Designers and sub -contractors approved in advance and in writing by the Town. 13.2 Requests for approval of Services to be delegated by the Designer must include a clear description of the work to be performed and the capabilities of the sub-Designers/sub- contractors to perform such work. If requested by the Town, copies of executed contracts between Designer and sub -contractor or for any other work delegated by the Designer shall be delivered to the Town immediately after such execution. 13.3 The Designer represents that it has made and will make reasonable investigation of all subcontractors to be utilized in the performance of work under this Agreement to determine that they possess the skill, knowledge and experience necessary to enable them to perform the Services required. Nothing in this Agreement shall relieve the Designer of its prime and sole responsibility for the performance of the Services under this Agreement and the Designer shall Town of North Andover RFQ Page 21 of 39 Architect/Design Services — Central Fire Station remain liable for all work performed by itself or any sub -contractor or other person performing Services under the authority of the Designer. Section 14. No Third Party Beneficiary All of the provisions of this Agreement are solely for the benefit of the parties hereto, and none of the other provisions of this entire Agreement shall inure to the benefit of any person not a party to the Agreement, and third parties shall have no rights hereunder. Section 15. Records 15.1 The Designer agrees that the Town and the Commonwealth of Massachusetts, or any of their duly authorized representatives shall have access to any books, documents, papers and records of the Designer which are directly pertinent to the project for the purposes of making audit, examination, excerpts, and transcriptions. 15.2 The Designer shall maintain all records involved with this Agreement for a period of six (6) years after the Town makes Final Payment and all pending matters are closed. 15.3 It is understood that authorized representatives of the Town may inspect or review all Written Materials in progress during normal working hours. In order that all Written Materials may be readily available for conference and periodic inspection by said representatives, all Services involving the production of any Written Materials shall be performed in adequately staffed office(s) located within the confines of the Commonwealth of Massachusetts. 15.4 The Designer will protect the privacy of, and respect the confidentiality of information provided by program participants, consistent with applicable federal and state laws and regulations, including M.G.L. c66, § 10, regarding access to public records. Section 16. Liability of Town The liability of the Town under this Agreement is limited to the compensation provided herein, and shall in no event include liability for incidental, special or consequential damages, or lost profits, or for damages or loss from causes beyond the Town's reasonable control. Section 17. Assistance in Claims and/or Litigation 17.1 The Designer shall render assistance to the Town in claims and/or litigation in connection with or arising out of this Agreement, including without limitation, any claims and/or litigation involving the Designer or its subcontractors; and any claims and/or litigation brought by or against the Town and any third parties, by providing only for the Town technical information, analyses and expert witnesses. The Designer shall provide such services at a mutually agreed upon and reasonable rate, except those Services which are required under this Agreement or are necessitated by the alleged acts, errors or omissions of the Designer, all of which shall be provided at no cost to the Town. Town of North Andover RFQ Page 22 of 39 Architect/Design Services — Central Fire Station Section 18. Discrimination Prohibited 18.1 In all hiring or employment made possible by or resulting from this Agreement, (1) there will not be any discrimination against any employee or applicant for employment because of race, color, religion, sex, or national origin, and (2) affirmative action will be taken to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, color, religion, sex, or national origin. 18.2 No person in the United States shall, on the ground of race, color, religion, sex or national origin, be excluded from participation in, be denied the benefits of, or be subject to discrimination under any program or activity made possible by or resulting from this Agreement. The Designer will comply with all requirements imposed by or pursuant to Title VI of the Civil Rights Act of 1964. Section 19. Certifications Required by Law The Designer, by executing this Agreement, certifies the following: (a) it has not given, offered or agreed to give any person, corporation or other entity any gift, contribution or offer of employment as an inducement for, or in connection with, the award of this Agreement for design services; (b) that no consultant or sub -contractor to the Designer has given, offered or agreed to give any gift, contribution or offer of employment to the Designer, or to any other person, corporation, or entity as an inducement for, or in connection with, the award to the consultant or sub -contractor of a contract by the Designer; (c) that no person, corporation or other entity, other than a bona fide full time employee of the Designer, has been retained or hired by the Designer to solicit for or in any way assist the Designer in obtaining this Agreement for design services upon an agreement or understanding that such person, corporation or other entity be paid a fee or other consideration contingent upon the award of this Agreement to the Designer; and (d) that the Designer has internal accounting controls as required by M.G.L. c30, §39R, and that the Designer: (1) will maintain accurate and detailed accounts for a six-year period after the Final Payment; (2) will file with the Town regular statements of the Designer concerning internal auditing controls; (3) has filed and will continue to file with the Commissioner of Capital Planning and Operations an annual audited financial statement prepared by an independent certified public accountant as required by M.G.L. c. 30, §39R; and Town of North Andover RFQ Page 23 of 39 Architect/Design Services — Central Fire Station (4) will submit a statement from an independent certified public accountant that such CPA (or public accountant) has examined the Designer's internal auditing controls and expresses an opinion as to their consistency with the Designer's statements in (2) above and whether such statements are reasonable with respect to transactions and assets that are substantial in relation to the Designer's financial statements. (M.G.L. c7, §38H(e). (e) that the Designer, and any sub -contractor to the Designer, represents, warrants and certifies that it has complied with all laws of the Commonwealth of Massachusetts relating to taxes and all by-laws, rules and regulations of the Town of North Andover relating to taxes, fees and charges, or is lawfully contesting the validity of the same. The Designer, and any sub- contractor to the Designer, further represents, warrants and certifies that it will remain in such compliance during the term of this Agreement, including any amendments or extensions hereto. (f) That neither the Designer nor any consultants employed by the Designer have been debarred pursuant to MGL c149, §44C. Breach of any of the foregoing provisions shall be deemed a material breach which shall entitle the Town to immediately terminate this Agreement and take any other action authorized by law. Section 20. Conflict of Interest 20.1 The Designer warrants that it has complied with all provisions of law regarding the award of this Agreement and that it, or its employees, agents, officers, directors or trustees have not offered or attempted to offer anything of any value to any employee of the Town in connection with this Agreement. 20.2 The Designer further warrants that no employee of the Town of North Andover, including unpaid members of Town boards and commissions, serves as an officer, director, trustee or employee of the Designer, and that no employees of the Town of North Andover have or will have a direct or indirect financial interest in this Agreement. 20.3 Violation of this Section shall be a material breach of this Agreement and shall be grounds for immediate termination of this Agreement by the Town without regard to any enforcement activities undertaken or completed by any enforcement agency. Termination of this Agreement pursuant to this Section shall not waive any claims for damages the Town may have against the Designer resulting from the Designer's violation of the terms of this Section. Section 21. Termination; Survival of Covenants 21.1 Notwithstanding any other provision of this Agreement, the Town reserves the right at any time in its absolute discretion to suspend or terminate this Agreement in whole or in part for its convenience upon written notice to the Designer. If any portion of this Agreement so suspended is not re -commenced by written notice of the Town within the time period specified in the written notice of suspension, the suspended portion of this Agreement shall be thereupon Town of North Andover RFQ Page 24 of 39 Architect/Design Services — Central Fire Station deemed terminated as to that portion for the convenience of the Town in accordance with this provision. The Town shall incur no liability by reason of such termination or suspension except for the obligation to pay compensation for all Services performed to the termination date, which obligation shall not exceed the limits established under each Phase of the Services as to which the Town has expressly authorized the Designer to proceed. 21.2 Upon receipt of any such notice or suspension or termination, the Designer shall (a) discontinue all Services affected (unless the notice directs otherwise); and (b) deliver to the Town all Written Materials and other information and materials pertaining to the Project, whether completed or in progress. 21.3 Any termination or suspension of this Agreement shall not impair the right of the Town to recover damages occasioned by the fault of the Designer. Any suspension shall not limit the right of the Town to terminate this Agreement. 21.4 All of the Designer's covenants and obligations hereunder shall survive the termination or expiration of this Agreement. Section 22. Ineligibility The Designer acknowledges that it may be ineligible to perform further design services unless the Town commissions an independent review, by a knowledgeable and competent individual or business doing such work, of the Designer's work under this Agreement to insure its reasonableness and its adequacy prior to allowing the Designer to continue on the project. Nothing contained herein shall be construed to require the Town to commission any such review. Section 23. Entire Agreement, Interpretation, Governing Law 23.1 This Agreement is the exclusive statement of the agreement of the parties with respect to its subject matter and supersedes all prior agreements, negotiations, representations, proposals and awards, written or oral, relating to its subject matter. 23.2 Headings, titles and paragraph captions are inserted in this Agreement for convenience, are descriptive only and shall not be deemed to add to or detract from or otherwise modify the meaning of the paragraphs. 23.3 This Agreement shall be governed by and construed in accordance with the laws of the Commonwealth of Massachusetts. 23.4 This Agreement may be executed in any number of counterparts, each of which shall be deemed to be an original and all of which shall constitute one and the same agreement. 23.5 The terms "hereof', "herein" and "hereunder", and words of similar import, shall be construed to refer to this Agreement as a whole, and not to any particular section, paragraph or provision, unless expressly so stated. Town of North Andover RFQ Page 25 of 39 Architect/Design Services — Central Fire Station 23.6 All words or terms used in this Agreement, regardless of the number or gender in which they are used, shall be deemed to include any other number and any other gender as the context may require. 23.7 This Agreement shall be construed without regard to any presumption or rule requiring construction against the party causing such document to be drafted or prepared. 23.8 Time is of the essence for the performance and payment of each and every covenant and obligation contained herein. 23.9 No amendment of this Agreement shall be effective unless the same is made in writing and signed by the parties hereto. 23.10 The terms "person" and "persons" used herein shall include natural persons and corporations, partnerships (general and limited), firms, associations, trusts, estates, bodies politic, political subdivisions and other entities and organizations. 23.11 Each and every provision of law and governmental regulation required by law to be inserted in an agreement such as this or in any of the contract documents shall be deemed to be inserted herein or therein and this Agreement shall read and shall be enforced as though so included therein, and if through mistake, inadvertence or otherwise any such provision is not inserted, or is not correctly inserted, then upon the application of either party, this Agreement shall be deemed to be amended to make such insertion or correction. Section 24. Assignment 24.1 The Town shall have the right to assign this Agreement to (i) any other person or entity succeeding to the Town's ownership of the Project or property which is the subject of the Designer's work hereunder, or (ii) to any other person or entity having or acquiring an interest therein, including, without limitation, any lending institution. 24.2 Designer shall not assign, pledge or hypothecate this Agreement or any monies due hereunder. Section 25. Successors and Assigns Subject to the restrictions on assignment contained in paragraph 24.2 hereof, this Agreement shall be, binding upon and inure to the benefit of the parties and their respective successors and assigns. Town of North Andover RFQ Page 26 of 39 Architect/Design Services — Central Fire Station IN WITNESS WHEREOF, the parties have executed this Agreement on the date first above written. For the Designer: By For the Town: By Town Manager Town Counsel As to the availability of funds: Town Accountant Town of North Andover RFQ Page 27 of 39 Architect/Design Services — Central Fire Station MASSACHUSETTS REGISTERED PRINCIPAL OF FIRM RESPONSIBLE FOR THIS PROJECT IS: 1. In accordance with the provisions of the Massachusetts General Laws, Chapter 29, §29A(4), I hereby certify that a resume of the Designer has been filed with the Designer Selection Board. In accordance with Chapter 7, §38H(e), I further certify that the DESIGNER has not given, offered or agreed to give any person, corporation, or other entity any gift, contribution or offer of employment as an inducement for, or in connection with, the award of the contract for design services; no consultant to or subcontractor for the DESIGNER; and no person, corporation or other entity, other than a bonafide full-time employee of the DESIGNER, has been retained or hired by the DESIGNER to solicit for, or in any way assist, the DESIGNER in obtaining the contract for design services upon an agreement or understanding that such person, corporation or other entity be paid a fee or other consideration contingent upon the award of the contract to the DESIGNER. I also certify that under the pains and penalties of perjury that the Designer has not offered, given, or agreed to give, received, accepted, or agreed to accept, any gift, contribution, or any financial incentive whatsoever to or from any person in connection with the contract. 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. Furthermore, the Designer certifies under the penalties of perjury that throughout the duration of the contract, it will not have any financial relationship in connection with the performance of this contract with any materials manufacturer, distributor or vendor. Signed under the pains and penalties of perjury this day of November, 2013. Wo Name: Designer Town of North Andover RFQ Page 28 of 39 Architect/Design Services — Central Fire Station SCHEDULE I SCOPE OF SERVICES Town of North Andover RFQ Page 29 of 39 Architect/Design Services — Central Fire Station SCHEDULE IA 1. In the performance of the Services, the Designer will observe and comply with all federal, state and local laws, ordinances, codes, rules, regulations and orders applicable to the Project and the services to be rendered by the Designer in connection therewith. The Designer shall not violate any zoning, setbacks or other requirements of applicable laws, ordinances and codes or of any recorded covenants or restrictions applicable to the Project site. If the Designer performs services which the Designer knew or should have known were contrary to any laws, statutes, ordinances, building codes, rules, regulations or recorded covenants or restrictions applicable to any Proposed Site, the Designer shall be liable to the Town for the attributable costs and damages arising there from and indemnify the town against the adverse consequences thereof. 1.2 Designer represents and warrants it is duly licensed (and in good standing) to perform the Services in the Commonwealth of Massachusetts. Designer further represents and warrants that it is familiar with and has a working knowledge of the Massachusetts provisions relating to competitive bidding and public construction projects, including, without limitations, MGL c7, §38A-380, MGL c149, §44A -44H, and MGL c30, §39M, and all related laws and regulations. The Designer agrees that if in the opinion of the Town the Designer is not familiar with such provisions, the Designer shall engage, at its own expense, competent personnel subject to the approval of the Town. The Town's approval of such personnel shall not relieve the Designer of its duties and obligations under this Agreement. 1.3 Designer shall, at its own cost, correct and make good any errors or defects in its Services, including, without limitations, any errors, omissions or defects in any plans, specifications, drawings or other documents prepared by the Designer or any of its consultants hereunder, as soon as Designer becomes aware of such errors or defects or is notified of such errors or defects. 1.4 Designer shall exercise due care to prepare all drawings, plans and specifications for the Project in conformity with the requirements of the State Building Code, 780 CMR 1.00, et. seq. and to any other applicable federal, state, municipal and local laws, ordinances, rules, regulations, codes and orders, including, without limitations, the rules and regulations of the Massachusetts Designer Access Board, 521 CMR 1.00 et. seq. Designer shall certify such matters to the Town and all other interested parties to facilitate the financing or sale or other disposition of the Project by the Town as and when requested by the Town from time to time. All such certificates shall be in a form reasonably acceptable to the Town and all other interested parties. 1.5 The Designer shall at all times assist the Town in gaining approval of the Zoning Board of Appeals, Planning Board, Board of Health, Conservation Commission and Town Meeting to approve the Project, and shall prepare all documents, studies, plans, drawings, specifications and other instruments required in connection therewith. The Designer shall Town of North Andover RFQ Page 30 of 39 Architect/Design Services — Central Fire Station attend public hearings for each of the foregoing. In furtherance thereof, the Designer shall comply with all of the requirements of MGL c7, §38A-380, MGL c149, §44A -44H, and §44M, and MGL c30, §39M, and all related laws and regulations. The Designer shall be responsible for the preparation and timely submission of all design submissions, contract documents and other documents required by the foregoing as required. All design submissions, construction documents and contract documents shall conform to the appropriate requirements of the foregoing statutes and regulations, and shall be in such a form and with such information or data contained therein as may be required by such agencies. 1.6 The Designer shall comply with the requirements of MGL 049, §44M and shall prepare an energy systems life cycle cost estimate for approval by the appropriate authorities at the Design Development stage. 1.7 All of the foregoing is in addition to, and not in lieu of, any and all other duties, obligations, liability and responsibility implied or imposed upon Designer by law in connection with the Services to be performed by Designer hereunder. 1.8 The Construction Cost shall be the total cost or estimated cost to the Town of all elements of the Project designed or specified by the Designer. 1.9 The Construction Cost shall include the cost at current market rates of labor and materials furnished to the Town and equipment designed, specified, selected or specially provided for by the Designer, plus a reasonable allowance for the Contractor's overhead and profit. In addition, a reasonable allowance for contingencies shall be included for market conditions at the time of bidding and for changes in the Work during construction. 2.0 Construction Cost does not include the compensation of the Designer and Designer's consultants, the costs of the land, rights-of-way, financing or other costs which are the responsibility of the Town. 2.1 Evaluations of the Town's Project budget, preliminary estimates of Construction Cost and detailed estimates of Construction Cost, if any, prepared by the Designer, represent the Designer's best judgment as a design professional familiar with the construction industry. It is recognized, however, that neither the Designer nor the Town has control over the cost of labor, materials or equipment, over the Contractor's methods of determining bid prices, or over competitive bidding, market or negotiating conditions. Accordingly, the Designer cannot and does not warrant or represent that bids or negotiated prices will not vary from the Town's Project budget or from any estimate of Construction Cost or evaluation prepared or agreed to by the Designer. 2.2 No fixed limit of Construction Cost shall be established as a condition of this Agreement by the furnishing, proposal or establishment of a Project budget, unless such fixed limit has been agreed upon in writing and signed by the parties hereto. If such a fixed limit has been established, the Designer shall be permitted to include contingencies for design, bidding and price escalation, to determine what materials, equipment, component systems Town of North Andover RFQ Page 31 of 39 Architect/Design Services — Central Fire Station and types of construction are to be included in the Contract Documents, to make reasonable adjustments in the scope of the Project and to include in the Contract Documents alternate bids to adjust the Construction Cost to the fixed limit. Fixed limits, if any, shall be increased in the amount of an increase in the Contract Sum occurring after execution of the Contract for Construction. 2.3 If the Bidding or Negotiation Phase has not commenced within 90 days after the Designer submits the Construction Documents to the Town, any Project budget or fixed limit of Construction Cost shall be adjusted to reflect changes in the general level of prices in the construction industry between the date of submission of the Construction Documents to the Town and the date on which proposals are sought. 2.4 If a fixed limit of Construction Cost is exceeded by the lowest bona fide bid or negotiated proposal, the Town shall: .I give written approval of an increase in such fixed limit; .2 authorize rebidding or renegotiating of the Project within a reasonable time; .3 if the Project is abandoned, terminate the Project; or .4 cooperate in revising the Project scope and quality as required to reduce the Construction Cost. 2.5 If the Town chooses to proceed under Clause 2.4.4, the Designer, with additional charge, shall modify the Contract Documents as necessary to comply with the fixed limit, if established as a condition of this Agreement. The modification of Contract Documents shall be the limit of the Designer's responsibility arising out of the establishment of a fixed limit. The Designer shall be entitled to compensation in accordance with this Agreement for all services performed whether or not the Construction Phase is commenced. 2.6 Bids in Excess of Cost Estimate. Should the lowest responsible and eligible bid by a general building contractor for the construction of the Project exceed by more than 5% the total estimated construction cost of the Project stated on the Estimated Project Construction Cost -Construction Document Phase prepared by the Designer and approved by the Town, the Designer shall, on written request of the Town and without cost to the Town, revise the plans and specifications for the Project as the Town shall require for the purpose of bringing the total actual cost of constructing the Project within the amount specified and shall submit such revised plans and specifications to the Town for its approval. The Designer may, in connection with such revision, make whatever necessary required adjustments in the scope of the Project, as may be needed as determined by the Designer to bring construction cost in line with the Project budget, subject to the written approval of the Town. Town of North Andover RFQ Page 32 of 39 Architect/Design Services — Central Fire Station SCHEDULE III DESIGNER COMPENSATION Town of North Andover RFQ Page 33 of 39 Architect/Design Services — Central Fire Station SCHEDULE IV 1. CONSTRUCTION PHASE — ADMINISTRATION OF THE CONSTRUCTION CONTRACT 1.1 The Designer's responsibility to provide Services for the Construction Phase under this Agreement commences with the award of the Contract for Construction and terminates at the earlier of the issuance to the Town of the final Certificate for Payment or 60 days after the date of Substantial Completion of the Work. 1.2 The Designer shall provide administration of the Contract for Construction as set forth below and in the edition of AIA Document A201, General Conditions of the Contract for Construction, current as of the date of this Agreement, unless otherwise provided in the Agreement, or as such General Conditions may be amended and/or supplemented by the Town. 1.3 Duties, responsibilities and limitations of authority of the Designer shall not be restricted, modified or extended without written agreement of the Town and Designer with consent of the Contractor, which consent shall not be unreasonably withheld. 1.4 The Designer shall be a representative of and shall advise and consult with the Town (1) during construction until final payment to the Contractor is due, and (2) as an Additional Service at the Town's direction from time to time during the correction period described in the Contract for Construction. The Designer shall have authority to act on behalf of the Town only to the extent provided in this Agreement unless otherwise modified by written instrument. 1.5 The Designer shall visit the site at intervals appropriate to the stage of construction or as otherwise agreed by the Town and Designer in writing to become generally familiar with the progress and quality of the Work completed and to determine in general if the Work is being performed in a manner indicating that the Work when completed will be in accordance with the Contract Documents. On the basis of on-site observations as a Designer, the Designer shall keep the Town informed of the progress and quality of the Work, and shall endeavor to guard the Town against defects and deficiencies in the Work. 1.5.1 The Designer shall visit and observe the Project up to substantial completion at least once each week and more often if required by the circumstances on the Project to become familiar in detail with the progress of the Work to be performed under the Contract and to determine, by observation, that the Work to be performed under the Contract is proceeding in accordance with the Contract Documents and all applicable laws, ordinances, regulations and codes. The Designer shall require its consultants, including without limitation its civil engineer, structural engineer, plumbing engineer, HVAC engineer and electrical engineer, to visit and observe the Project as required or at the request of the Designer, of the same purposes during the progress of that portion the Town of North Andover RFQ Page 34 of 39 Architect/Design Services — Central Fire Station Work, to which the consultant's services relate and to report in writing thereon to the Designer, and to visit and observe the Project again upon completion of such portion of the Work, to develop a punch list of incomplete or unsatisfactory items. The Designer shall submit to the Town a detailed written report of each site visit by the Designer and/or its consultants after such site visit. 1.5.2 The Designer shall attend weekly Project meetings and shall prepare and deliver to the Town and all other parties attending such meetings written meeting minutes. 1.6 The Designer shall not have control over or charge of and shall not be responsible for construction means, methods, techniques, sequences or procedures, or for safety precautions and programs in connection with the Work, since these are solely the Contractor's responsibility under the Contract for Construction. The Designer shall not be responsible for the Contractor's schedules or failure to carry out the Work in accordance with the Contract Documents. The Designer shall not have control over or charge of acts or omissions of the Contractor, Subcontractor, or their agents or employees, or of any other persons performing portions of the Work. 1.7 The Designer shall at all times have access to the Work wherever it is in preparation or progress. 1.8 Except as may otherwise be provided in the Contract Documents or when direct communications have been specially authorized, the Town and Contractor shall communicate through the Designer. Communications by and with the Designer's consultants shall be through the Designer. 1.9 Based on the Designer's observations and evaluations of the Contractor's Applications for Payment, the Designer shall review and certify the amounts due the Contractor. 1.10 The Designer's certification for payment shall constitute a representation to the Town, based on the Designer's observations at the site and on the data comprising the Contractor's Application for Payment, that the Work has progressed to the point indicated and that, to the best of the Designer's knowledge, information and belief, quality of the Work is in accordance with the Contract Documents. The foregoing representations are subject to an evaluation of the Work for conformance with the Contract Documents upon Substantial Completion, to results of subsequent tests and inspections, to minor deviations from the Contract Documents correctable prior to completion and to specific qualifications expressed by the Designer. The issuance of a Certificate for Payment shall further constitute a representation that the Contractor is entitled to payment in the amount certified. However, the issuance of a Certificate for Payment shall not be a representation that the Designer has (1) reviewed construction means, methods, techniques, sequences or procedures, (2) reviewed copies of requisitions received from Subcontractors and material suppliers and other data requested by the Town to substantiate the Contractor's right to payment or (3) ascertained how or for what purpose the Contractor has used money previously paid on account of the Contract Sum. Town of North Andover RFQ Page 35 of 39 Architect/Design Services — Central Fire Station The Designer shall be familiar with the provisions of the Massachusetts General Laws for payment to contractors and shall submit to the Town, all requisitions for payment submitted by the General Contractor. With respect to each such requisition, he or she shall certify to the best of the Designer's knowledge that the percentage of work performed conforms with the Contract Documents. In the event that the Designer does not approve the requisition exactly as submitted by the General Contractor, said Designer shall forward it for payment to the Town dated, but unsigned, with an accompanying letter of explanation setting forth objections and recommended changes. Timely payments of General Contractors are required by General Laws, Chapter 30, §39K; therefore, the Designer shall establish office procedures assuring compliance with C. 30, §39K. The Designer shall receive and review, in connection with its review of the General Contractor's Applications for Payment, the weekly payroll records required to be submitted by the General Contractor pursuant to G.L. C. 149, §2713. Such review shall be for the purpose of determining that the amount of wages paid to laborers employed on the project is no less than the applicable prevailing wage rates established for the project by the Massachusetts Department of Labor and Industries. The Designer shall maintain, as part of the project records, one complete copy of such payroll records, and shall transmit to the Town, upon completion of the review provided for herein, the original weekly records as submitted by the General Contractor. The Designer shall promptly notify the Town if (1) Any payroll records submitted by the General Contractor do not represent payment of at least the applicable prevailing wage rates established for the project and (2) that the Designer knows, or has reason to believe, that the weekly payroll records submitted by the General Contractor do not accurately represent the wages actually paid to laborers employed on the project and that the General Contractor is not paying said laborers at least the amount of said prevailing wage rates. 1.11 The Designer shall have authority to reject Work which does not conform to the Contract Documents. Whenever the Designer considers it necessary or advisable for implementation of the intent of the Contract Documents, the Designer will have authority to require additional inspection or testing of the Work in accordance with the provisions of the Contract Documents, whether or not such Work is fabricated, installed or completed. However, neither this authority of the Designer nor a decision made in good faith either to exercise or not to exercise such authority shall give rise to a duty or responsibility of the Designer to the Contract, Subcontractors, material and equipment suppliers, their agents or employees or other persons performing portions of the Work. 1.12 The Designer shall review and approve or take other appropriate action upon Contractor's submittals such as Shop Drawings, Product Data and Samples, but only for the limited purpose of checking for conformance with information given and the design concept expressed in the Contract Documents. The Designer's action shall be taken with such reasonable promptness as to cause no delay in the Work, while allowing sufficient time in the Designer's professional judgment to permit adequate review. Review of such submittals is not conducted for the purpose of determining the accuracy and completeness of other details such as dimensions and quantities or for substantiating instructions for Town of North Andover RFQ Page 36 of 39 Architect/Design Services — Central Fire Station installation or performance of equipment or systems designed by the Contractor, all of which remain the responsibility of the Contractor to the extent required by the Contract Documents. The Designer's review shall not constitute approval of safety precautions or, unless otherwise specifically stated by the Designer, of construction means, methods, techniques, sequences or procedures. The Designer's approval of a specific item shall not indicate approval of assembly of which the item is a component. When professional certification of performance characteristics of materials, systems or equipment is required by the Contract Documents, the Designer shall be entitled to rely upon such certification to establish that the materials, systems or equipment will meet the performance criteria required by the Contract Documents. 1.13 The Designer shall prepare Change Orders and Construction Change Directives, with supporting documentation and data if deemed necessary by the Designer, for the Town's approval and execution in accordance with the Contract Documents, and may authorize minor changes in the Work not involving an adjustment in the Contract Sum or an extension of the Contract Time which are not inconsistent with the intent of the Contract Documents. 1.14 The Designer shall conduct observations to determine the date or dates of Substantial Completion and the date of final completion, shall receive and forward to the Town for the Town's review and records written warranties and related documents required by the Contract Documents and assembled by the Contractor, and shall issue a final Certificate for Payment upon compliance with the requirements of the Contract Documents. 1.15 The Designer shall interpret and decide matters concerning performance of the Town and Contractor under the requirements of the Contract Documents on written request of either the Town or Contractor. The Designer's response to such requests shall be made with reasonable promptness and within any time limits agreed upon. 1.16 Interpretations and decisions of the Designer shall be consistent with the intent of and reasonably inferable from the Contract Documents and shall be in writing or in the form of drawings. 1.17 The Designer's decisions on matters relating to aesthetic effect shall be final if consistent with the intent expressed in the Contract Documents. 1.18 The Designer shall render written decisions within a reasonable time on all claims, disputes or other matters in question between the Town and Contractor relating to the execution or progress of the Work as provided in the Contract Documents. 1.19 The Designer's decisions on claims, disputes or other matters, including those in question between the Town and Contractor, except for those relating to aesthetic effect, shall be subject to mediation as provided in this Agreement and in the Contract Documents. Town of North Andover RFQ Page 37 of 39 Architect/Design Services — Central Fire Station 1.19.1 After completion of the Project, the Designer shall visit and observe the Project at least once ten (10) months after its completion and advise the Town of any evidence of faulty materials or workmanship used in construction of the Project. 1. 19.2 The Designer shall assist the Town in coordinating any required Contractor work during the one-year warranty period, such services to include, without limitation, interpreting the contract documents and visiting the site and observing the warranty work on a reasonable basis. 1. 19.3 The Designer shall receive and review all tests and documentation required to be submitted by the Contractor as a requisite to systems acceptance and shall ascertain that the Contractor has performed all system start-up and testing obligations in accordance with the Contract Documents prior to acceptance of Substantial Completions. Upon application for final payment received by the Designer, the Designer shall make a final inspection of the Project, the Work and all parts and components thereof, and shall ensure that all requirements of the Contract Documents have been met and satisfied. 1.20 As the Contractor submits operating and maintenance manuals, they shall be reviewed and approved by the Designer and its consultants, then organized with the submittals and shop drawings into a CSI format. This should also include start-up and operating instructional videos and other equipment information. The Designer shall review all as - built documents for completeness and accuracy. 1.21 Before examining the Requisition for Final Payment submitted to the Town by the General Contractor and making any certification in response thereto, the Designer shall obtain from the General Contractor, record drawings, showing the actual installation of the plumbing, heating, ventilating and electrical work under the construction contract and all variations, if any. The Designer shall ascertain by his review that changes authorized by change orders as shown on the General Contractor's record drawings and on the applicable original reproducible, and shall submit to the Town, the complete set, as revised, which shall become the property of the Town. Two suitably bound legible copies of all original design and quantity calculations including those pertinent to change orders and show drawings if applicable shall be furnished by the Designer to the Town at the conclusion of the Construction Contract and prior to the expiration of the construction period. Town of North Andover RFQ Page 38 of 39 Architect/Design Services — Central Fire Station M.G.L. CHAPTER 37,438H DESIGNER SELECTION LAW TRUTH IN NEGOTIATIONS CERTIFICATE [To be used when the Designer's or Consultant's Fee is negotiated.] of (Name of Designer/Consultant) hereby certify, in connection with the Contract between (Address) (Designer/Consultant) the Town of North Andover, pursuant to the provisions of M.G.L. Chapter 7, §38H: and (i) That the wage rates and costs used to support the designer's/consultant's compensation are accurate, complete and current at the time of contract; and (ii) That Uwe agree that the original contract price and any additions to the contract price may be adjusted within one year of completion of the contract to exclude any significant amounts if the Commissioner of DCAM determines that the fee was increased by such amounts due to inaccurate, incomplete or non-current wage rates or other costs. I: (Signature) Town of North Andover RFQ Page 39 of 39 Architect/Design Services — Central Fire Station Santilli, Ray From: REGS@sec. state. ma. us Sent: Wednesday, September 25, 2013 11:31 AM To: Santilli, Ray Subject: Publish Date Assigned for Designer Services A publish date of 10/2/13 has been assigned to your Designer Services submission with description of: The Town of North Andover seeks proposals from qualified firms for Architect/Design Services associated with the design and construction of a modern, state -of -the art Central Fire Station on Chickering Rd. at Prescott St. Please note the Massachusetts Secretary of State's office has determined that most emails to and from municipal offices and officials are public records. For more information please refer to: http://www.sec.state.ma.us/pre/preidx.htm. Please consider the environment before printing this email. SPR CMR Designer Services Submit Confirmation State Publications and Regulations William Francis Galvin, Secretary of the Commonwealth Page 1 of 2 The following Designer Service submission was successfully received. Planned date of publish is 10/2/2013 Awarding Agency Agency Name and Address: Town of North Andover 120 Main Street North Andover, MA 01845 Project Number: Designer's Fee: =lNegotiated Estimated Construction Cost: $6M Time Period for Completed Proj ect: Spring 2015 Contact Information Name: Ray Santilli, Assistant Town Manager Phone: 978-688-9516 Fax 978-688-9556 Email Address: rsantilliktownofnorthandover.com Notify email address listed when final publish date assigned Contract Information Project: The Town of North Andover seeks proposals from qualified firms for Architect/Design Services associated with the design and construction of a modern, state -of -the art Central Fire Station on Chickering Road at Prescott Street. Scope: Specific Services :(all chosen) Deadline for Application Form*: Project Program Availability: Architect 10/24/2013 Time 2:00 p.m. Briefing Session: Additional Information The complete Request for Qualifications document will be available on Wednesday, October 2, 2013 at 11.00 a.m. at unxiu+n�x�nnfnnrlhonrinvnr nnm by nlinlri»n nn �Rirlc ilnn+nc .�nrl http://www.sec.state.ma.us/sprpublicforms/DSSubmitConfirmation.aspx?ID=13047 9/24/2013 SPR CMR Designer Services Submit Confirmation This page can be printed for your records. Add Another r Return To Menu Page 2 of 2 http://www.sec.state.ma.us/sprpublicforms/DSSubmitConfirmation.aspx?ID=13047 9/24/2013 marketplace'. The Wc'&Ibme, -*Timm Scm N wS *Glouees ;erDftilyi imes Dx,-,, ws CHILL 800.927.9200 ONLINE: ClassifiiedsNorth.com MON.-FRI. 8AM-6PM FAX: 978.685.1588 POLICIESIADJUSTMENTS: Advertisers must check insertions and report errors immediately. Billing adjustments are made for only one incorrect insertion and then only for the incorrect portion. We are not responsible for failure to publish and reserve the right to reject, edit or cancel any ad. Ads are subject to credit approval unless paid for prior to publication. Place a happy ad in this section to wish a special someone a Happy Birthday, Ariniversary, Retirement, Thinking of You, Love You or JustWish Them a Nice Day. Only $5.00 for'3 lines ($1.00 each additional line. Call today The Classified Connection 800-927-9200 CNA/LNA Training Offered. Class begins Nov. 4th, in Derry. Graduate in only 3 weeks! (603) 647-2174 www.LNAHealthCareers.com G/C BUILDER'S LICENSE COURSE Register by Sept 27th for Danvers, Lowell, Haverhill, MA 1-888-833-5207 www.StateCertification.com EYE Glasses 6 Case found about two weeks ago at Dunkin Donuts, Eastern Ave. Gloucester Call to identify 978-3254777. BarbieJz4@aol.com FOUND CAT Haverhill, Mass - W. Lowell Ave. Contact (781) 640-5118 LOST: CAT MALE Golden Tabby, Sunshine in Andover, MA. Sun. 9/22 Call (978) 407-8049 with any information, REWARD for safe return aper is the best f to gei'110,11 it home TODAY, The rar�ur v FIRST CHOICE REALTY 00UP David Guselli First Choice Realty Group 184 Pleasant Valley St., Suite 1-102 Methuen, MA 01844 978-689-8006 daveg@firstchoicerg.com "U "1rr ,AQ20 l LOST: CAT, Male, name Sam orange 8 white has collar, Endicott College area Beverly, Sat. 9/28, Call Barbara 508-843-0483 .�.I/J.SV AGXW LOST KEYS - large set of keys, 2 auto remote entry, small flashlight. Rockport Goff Club/ Na- te's Restaurant area. Reward. 978-758-2610 15MA11D MY wife lost a gold bracelet Saturday evening at the Rhumbline in Gloucester. If anyone has found (or seen someone pick up)'a gold brace- let in the form of a chain of gold flowers, a cash reward may be available. This was an anniversary gift from me to her on our 7th an- niversary, and has a lot of sentimental value. If found please call 978-902-1557 . e ORANGE Tabby Cat Named 011ie. 2 years old lost in Newton, NH. Has two dots on his nose, and a very long tail. Lost on 9/16. Reward offered. 603-770-0969 andrew.jared.clarke@gmail.com AMESBURY - NEW PRICE! Lovely, open, airy antique in best Point Shore spot - 3-4 bdrms, 2 bths, fine pine and fir floors, excellent stor- age. Formal dining room, 6 FP open plan kitch- en/Great Room. Features include wainscot and early glass. Large deck overlooks grassy, shel- tered lawn. + 2 car garage. Very comfortable with lovely room sizes! $459,900 Call Pat Skibbee 978 502 4782 or office 800 773 9990 RIVER VALLEY RE ATKINSON Beautiful 4 bedroom Colonial on de- sirable cul-de-sac! Only $399,0001 CLASSIC HOMES RE (603) 382-0360 BEVERLY, MA: Two family home with parking and yard space. Needs renovations but worth the effort. Close to everything you need. $249,900 Tache RE (978) 745-2004 Choose from these 2 New Lamontagne Build- ershomes located in South 6 North London- derry in great commuter locations close to Rte 93. Both of these energy efficient designs fea- ture 3 bedrooms, 2.5 baths, open -concept country kitchen w/sliders to private deck, 2 car garage, super insulation package, 95% effi- ciency fha heat with air cleaner, on demand Rinnai hot water, double low -E insultilt win- dows 6 More. Act now in early construction stage for your personal design ideas 6 decor choices. Ready for Fall occupancy!! Both Priced at $ 279,900!! Webber Associates 603-432-5148 Danville NH - Double wide mobile, in Cotton Farm. Offers an open and accessible floor plan. 3 bedrooms Master with private bath. Large deck, ramp access on both the front and rear' $49,000.00 KSRJ Signature Realty 603-819-4844 DRACUT, MA: Great home located on a cul-de- sac in Primrose Village.Two bedroom with possible third. Large 3 season porch, base- ment. $234,900 Tache RE (9 8) 745-2004 a.rear-o.p Gorgeous Country Colonial located on a wooded acre plus lot just 2 minutes from Rte 93, Exit 4 6 close to everything. Nearly 2600 sq it w/spacious open -concept floorplan, 4 bedrooms, 3 baths, 2nd floor laundry, 9 it cigs on 1st floor, 2 car attached garage (3rd car option), town water, superior insulation pack- age, 95% efficiency FHA furnace w/air cleaner, Rinnai on -demand hot water 6 your personal decor choices! Construction to begin within 30 days! ACT NOW ! I $ 389,900 WEBBER ASSOCIATES (603) 432-5148 The Eagle -Tribune, Gloucester Daily Times, The Salem News, Daily News of Newburyporl Monday .......................6pm Friday Tuesday -Saturday ........6pm day prior Sunday paper ..............6pm Friday (auto only) Sunday paper ..............Bpm Friday Carriage Towne News: 12pm Friday Andover Townsman, Derry News & Haverhill Gazette: 6pmTuesday CancellatioNchange deadlines: , some as publication deadlines AWft GLOUCESTER,MA - Spacious five -bedroom co- Marblehead- Completely renovated 3 bed- lonial with updated kitchen. Newer multi -zone room, 2 '/2 bathroom home adjacent to heating -central AC, second -floor laundry, 2-1/2 conservation area. Plenty of parking, custom baths, finished basement, new deck. Conven- kitchen, fireplace, central air, large backyard ient to town, highway and beach. $398,000. and more. $599,000 Rick Petralia Armstrong Field J. Barrett & Company Real Estate 978-239-6207 ArmstrongField.com 978-740-8700 Groveland- Historic 3 bedroom, 2 full bath co- lonial with period details and charm galore. Huge master Bedroom! Hardwood floors and 2 fireplaces. $269,900 Armstrong Field Real Estate ArmstrongField.com 978-740-8700 HAVERHILL, MA: OPEN HOUSE SATURDAY SEPT 29, 12-2PM. Property is located at: 40 10th Avenue, NEW TO MARKET Gorgeous 7 room townhouse with 3 bedrooms plus office/ nursery. Just finished floors and painted throughout. Walk up attic and full basement. Priced for immediate sale at $179,900 First Choice Realty (978)689-8006 L_.,_...rA$Ta�ra..RXX,.N. N...... LaMontagne Builder's new flex -plan design featur- ing state of the art construction techniques. 4 bedrooms, 2.5 baths, 2400 sq it on 2+ land- scaped acres.Open concept living areas, 9ft ceil- ings on 1 st floor, super insulation package,double low -E windows, 95% efficiency FHA furnace w/- aircleaner, Rinnai on -demand hot water and more! The interior design package includes hard- wood and tile floors, custom cabinets, granite countertops, ss appliances, gas fireplace 6 2 car attached garage. Gorgeous backyard for any type of recreational or family type activities. Brand NEW construction Ready Now! Move Right In !! $ 368,500 Other designs available in the mid $300•s. Open House SUN. 10/6, 12-2 PM Exit 4 Rte 93 thru Deny center to traffic circle to Old Chester Rd. WEBBER ASSOCIATES (603)432-5148 LAWRENCE, MA: NEW TO MARKET: Been in the famfiy over 60 years, this 2 family offers very large floor plans plus walk up attic and 2 stall garage situated in Prospect Hill location. $299,900 First Choice Realty .(978)689-8006 LOWELL, MA: 6 room, 4 bedroom, 2 bath cape with two off street parking spaces. Cash or rehab loan is Required to purchase. $169,000 Tache RE (978) 745-2004 LYNN, MA: 3 family with spacious units and flexible floor plans. Front and rear porches. Needs work inside and out. $288,900 Tache RE (978) 745-2004 Lynn- Updated and remolded home with open concept living. Features include hardwood floors, large kitchen and laundry room. $150,000 Lynn- NEW LSITING! 4 bedroom Colonial with detailed woodwork and hardwood floors throughout. Beautiful French doors and large ocean view deck. $379,900 Armstrong Field Real Estate ArmstrongField.cbm 978-740-8700 SALEM, NH I Bedroom Luxury Apartments HEAT & HOT WATER INCLUDED Call for availability 978-470-2929 lWarehouse space from 2,000 to 30,000sf Lease from $5.00nnn.l I Commercial condos, office & whse/mfg, lease or purchase. 9 To Be Included in this Directory Call classif°ed marketplace. Monday through Friday, 8 a.m. to 6 P.M. Tel. 1-800-927-9200 Fax: 1-877-927-9400 METHUEN, MA: Bright condo in victorian home with large living room, kitchen, detached garage. 3rd floor unit with privacy. $89,000 Tache RE . (978) 745-2004 Methuen, MA - Last house on a deals end! 3 Bedroom Ranch with 2 car under garage. Large eat in Kitchen, woodstove in Living room finished lower level $249,900.00 KSRJ Signature Realty 603-819-4844 MIDDLETON - Charming 1835 Cape home on beautiful, private half acre of lawns and flow- ers. 2 bdnns up, 4 rooms down, full basement. Many original features: 3 fireplaces, very wide pine board floors. Granite counters, SS appli- ances. Picturesque 3 level bam! $282,500. Call Pat Skibee 978-502-4782 or office 800-773-9990 RIVER VALLEY RE Newbury - NEW PRICE. Spectacular country Victorian estate on 1.4 AC of pristine land- scape: koi pond, peonie path, lap pool, major bam, sweeping lawns + 9 rm, 5.bdrm, 3 level architecturally important residence, all in su- perior updated condition! This is a lovely home. $788,000 Call Joanie Purinton 978 462 6898 or 800 773 9990 RIVER VALLEY RE NEWBURY - NEW PRICE! Stunning open plan contemporary Shingle Style Cape on almost 2 A along the upper Parker River. 10 rooms, 3500 sq ft home + 2 C garage, set well back on private drive. River views, FP French doors, wide, protected veranda plus screened porch, cook's kitchen and elegant first floor Master Suite! Bright house, light woods, just a gor- geous home! $770,000 Call Joanie Purinton 978 462 6898 or office 800 773 9990 RIVER VALLEY RE NEW TO MARKET: 2 single families on the SALEM, MA -3 bedroom Colonial home with same lot w/street frontage. Perfect for future large finished area in basement. Hardwood, subdivision. Each home has 2/3 bedrooms. 1 fireplace, lovely yard. 4 car driveway and gar - home has been fully renovated, 1 is tenanted. age. $329,900 Off street parking for each home plus a spa- cious yard. At this price, owning is cheaper than renting! $189,900 4 (978) 745-2004 First Choice Realty (978)689-8006 NEWTON,NH:B•New Constmction,ll Zoe Lane, 4 bed. $429,900 el4 Zoe Lane Exec. Ranch $539,900 Todd 603-382-1669; 603-234-1458 NORTH ANDOVER;NEW TO MARKET: lovingly cared for colonial with 4 bedrooms, spacious floor plan with approximate. 3,000 sq it of liv- ing space, 2 stall garage on a lovely acre lot. A must see!! $599,900. First Choice Realty (978)689-8006- Peabody- 978)689-8006Peabody- 3 bedroom, 1 bathroom cape. Big fenced yard, patio area, off street parking and convenient to schools, shopping, medical facil- ities and highway. $239,900 Armstrong Field Real Estate ArmstrongField.com 978-740-8700 PEABODY, MA: Spectacular young colonial with grand entry foyer, formal dining, large kitchen with island, hardwood. Located on cul-de-sac. $439,000 Tache RE (978) 745-2004 Rockport, So. - Well maintained single family home with breakfast nook, living room with wood burning stove, entertainment bar, sun room, finished attic loft, 2 full baths and first floor laundry. Wrap around deck, private yard with mature plantings, shed and parking. Near Long and Cape Hedge beaches, shopping and highway. $425,000. Rick Petralia J. Barrett & Company 978-239-6207 SALEM,MA:3 bedroom ranch in desirable neighborhood. Wrap around porch, oak eat in kitchen, 2 car garage, lovely grounds. $329,900 Tache RE (978) 745-2004 SALEM, MA: Landmark business location. 3 finished levels with separate heat A/C. Best exposure in town. Residential units or mix. $399,000 Tache RE (978) 745-2004 Salem- NEW LISTING! 3 family, grand colonial home in downtown Salem. Large building with two car garage, new roof and separated utili- ties: $559,000 Salem - 2 family, 2 bedroom units. Hardwood floors, private backyard and recently paved driveway for 2 cars. $345,000 Salem- Privacy by the water. 3 bedroom, 1 bath Move In Ready Home located on quiet, private street. Features include newer furnace and roof. $254,900 Salem- 2 bedroom, 2 bath Victorian cottage in North Salem. Located close to the commuter rail, Features include hardwood floors, updated kitchen and private backyard. $209,000 Salem- Well built Victorian in North Salem close to the train station. Natural woodwork with an open living arrangement. $296,900 Salem- 3 Bedroom, 2 Y22 Bathroom Cape with a possible sub -dividable 1.37 acres lot. $499,000 Salem - Rental. 3 Bedroom Cape $1,800 Land Listings Salem - 13,000+sf lot $45,000. 1.1+ acre $185,000 Hamilton - 40,000sf $175,000 See All Open Houses For This Weekend at MassOpenHouses.com Armstrong Field Real Estate See all homes on the market at: ArmstrongField.com 978-740-8700 . TheFoJe4iibune. 7 011We COMING FRIDAY, OCTOBER 4TH flooring I mortgage I real estate I home improvement directory going green I town highiighk I affordable housing 14 Wednesday, October 2, 2013 THE EAGLE -TRIBUNE CLASSIFIED MARKETPLACE SALEM, MA: Newly constructed colonial. Granite/ss kitchen, islan french doors, formal dining, deck, yard plus m ny extras. $369,900 TachelRE (978) 745-2004 WINDHAM Elegant New Construction Colonial! Still time to customile some selections! $699,900 (603) 382-0360 CLASSIC HOMES RE 11 MANUFACTURED HOMES SALEM NH, Brookwood Park. 2005 Skyline, 2 bedroom, t bath. Shed, Central air, $52,000. KACHADORIAN, to be built. Brand new double wide, Energy Star certified, appliances, win- dow treatments and more, $169,000. MERRIMACK MA, North Shore Community Brand New Skyline, 1066, 2 bedrooms, 2 full baths, Whirlpool appliances, window treat- ments, $99,000. Other home$ available. Salem Manufactured Homes 603-898-2144 rkIN Leirr Atkinson, NH - Desire le End Unit in Atkinson Woods. 2 Bedroom 5 bath condo, eat in kitchen dining room living room w/ gas fire- place 2nd floor laundry 2 car attached garage $264,900.00 KSRJ Signature Realty 603-819-4844 NEWBURYPORT, MA: NEW PRICE. Half house condo on the sunny side. Three levels of char- acter and features - plant window, wood floors, pretty mantel, deck, gardens, 2 bdrms, 2 baths, full basement, on a top street! $315,000. Call Pat Skibbee 978 465 8851 RIVER VALLEY RE Swampscott - Spacious pet friendly condo with large eat -in kitchen and included appli- ances. Features Include washer/dryer and 2 parking spaces. $199,999 Armstrong Field Real Estate ArmstrongField.com 978-740-8700 GLOUCESTER MA: Development Improve- ments Have Been Made! Water, Sewer and Electric now run from street curb to building site. solar/green home on southern exposed grassy knoll surrounded by mature vegetation and privacy on this one -plus acre lot. Order -- of -Conditions have been established to de- velop either a single-family or two -condo dwelling. Lot is recessed. Easy access to Rte. 128, Building Permit within grasp. $175,000 Rick Petralia Barrett & Company 978-239-6207 MORTGAGEE'S NOTICE OF SALE OF REAL ESTATE By virtue and In execution of the Power of Sale contained in a certain Mortgage given by Beth Carter to Mortgage Electronic Registration Sys- tems, Inc. as notninee for Countrywide Bank, FSB, its successors and assigns, dated September 14, 2007 and recorded with the Essex County (Northern District) Registry of Deeds at Book 10915, Page 308, which said mortgage was assigned to Bank of America, N.A. Successor by Merger to BAC Home Loans Servicing, LP FKA Countrywide Home Loans Servic- ing, LP, by Mortgage Electronic Registration Systems, Inc., by assignment recorded in said Registry of Deeds in Book 12905, Page 66, subsequently assigned to Nationstar Mortgage LLC, by Bank of America, N.A., by as- signment recorded in said Registry of Deeds in Book 13449, Page 54, of which the Mortgage the undersigned is the present holder, for breach of the conditions of said Mortgage and for the purpose of foreclosing the same will be sold at Public Auction at 10:00 A.M. on October 23, 2013 at 51 Ford Street, Unit D, Building No. 28, Methuen, MA, all and singular the premises described in said Mortgage, to wit: The following described premises in Colonial Village Condominium in Methuen, Essex County, Massachusetts, a condominium established pur- suant to Massachusetts General Laws, Ch. 183A, by a Master Deed dated February 9, 1979, recorded on February 16, 1979, with Essex North District Registry of Deeds at Book 1363; Page 545, and as amended by instrument dated May 11,1979, recorded with said Deeds at Book 1370, Page 52 (see rerecording of amendment at Book 1371, Page 322), and as amended by instrument dated July 31,1979 entitled Second Amendment to Master Deed of Colonial Village Condominium, recorded with said Deeds at Book 1381, Page 344 and as further amended by Instrument dated March 28, 1980 entitled Third Amendment to Master Deed of Colonial Village Condominium, recorded with said Deeds at Book 1427, Page 197 (hereinafter collectively called Master Deed) to wit: Unit No. D. in Building No. 28. The building in which the Unit is located is shown on the Sjte Plan of Phase II of said Colonial Village Condominium, which said plan{ was filed contemporaneously with the aforesaid Master Deed with Essex North District Registry of Deeds as a part of Plan No. 8043, said Unit is also shown on Floor Plans of said Colonial Village Condo- minium recorded with said Deeds as part of said Plan No. 8043. Said Unit is conveyed, as built, together with an undivided .375 per cent interest in the Common Areas and facilities of the property attributable to said Unit and as shown in Appendix B of said Master Deed, and/or as shown in Appendix B of the above referenced Second Amendment to said Master Deed and/or as shown in Appendix B of the above referenced Third Amend- ment to said Master Deed. Subject to and with the benefit of all rights, restrictions, and easements of record, as well as the provisions of The Master Deed, By -Laws and Con- dominium Rules and the provisions of Chapter 183A of the General Laws of Massachusetts as amended. . Meaning and intending to mortgage the same premises conveyed to the herein named mortgagor(s) by Quitclaim Deed dated 03/31/05 and record- ed with the Essex Registry of Deeds at Book 9436, Page 268. The premises are to be sold subject to and with the benefit of all ease- ments, restrictions, building and zoning laws, liens, attorneys fees and costs pursuant to M.G.L.Ch.183A, unpaid taxes, tax titles, water bills, municipal liens and assessments, rights of tenants and parties in possession. TERMS OF SALE: A deposit of FIVE THOUSAND DOLLARS AND 00 CENTS ($5,000.00) in the form ofcertified check or bank treasurer's check will be required to be delivered at or before the time the bid is offered. The successful bidder will be required to execute a Foreclosure Sale Agreement immediately after the close of the bidding. The balance of the purchase price shall be paid within thirty (30) days from the sale date in the form of a certified check, bank treasurers check or other check satisfactory to Mortgagee's attorney. The Mortgagee reserves the right to bid at the sale, to reject any and all bids, to continue the sale and to amend the terms of the sale by written or oral announcement made before or during the foreclosure sale. If the sale is set aside fol any reason, the Purchaser at the sale shall be entitled only to a return oft a deposit paid. The purchaser shall have no further recourse against the M rtgagor, the Mortgagee or the Mortgagee's attorney. The de- scription of thie premises contained in said mortgage shall control in the event of an er(or in this publication. TIME WILL BE OF THE ESSENCE. Other terms, if any, to be announced at the sale. Nationstar Mortgage LLC Present Holder of said Mortgage, - By Its Attorneys, ORLANS MORAN PLLC P.O. Box 540540 Waltham, MA 02454 Phone: 781-790-7800 ET -10/2, 1 Oy9, 10/16/13 MORTGAGEE'S SALE OF REAL ESTATE By virtue d in execution of the Power of Sale contained in a certain mortgage giVen by Jose Urena and Marilyn D. Jones-Urena to Mortgage Electronic R gistration Systems, Inc. as nominee for WMC Mortgage Corp. Its successor,and assigns, dated November 17, 2006, and recorded in the Essex Coun (Northern District) Registry of Deeds in Book 10525, Page 248, whichrtgage was assigned to U.S. Bank National Association as Trustee suct., ssor in interest to Bank of America, National Association as Trustee as ccessor by merger to LaSalle Bank NA as trustee for Wash- ington MutuAsset-Backed Certificates WMABS Series 2007-HE2 Trust by assignmentted May 3, 2012, and recorded in the Essex County (North- ern District) Registry of Deeds in Book 12946, Page 21, of which mortgage the undersigned is the assignee and the present holder, for breach of the conditions of said mortgage and for the purpose of foreclosing, the same will be sold at public auction at 12:00 P.M. on Wednesday the 23rd day of October, 2013, on the mortgaged premises located at 6 Market Street, Lawrence, Massachusetts, all and singular the real estate described in said mortgage as follows: "...the following described property located in the COUNTY of ESSEX: LEGAL DESCRIPTION ATTACHED HERETO AND MADE A PART HEREOF AND KNOWN AS EXHIBIT 'A'. Exhibit A - Property Description Closing Date: 11/17/2006 Borrower(s): Jose Urena Property Address: 6 Market Street, Lawrence MA 01843 Certain tract or parcel of land, with the buildings thereon, situate in Law- rence, Essex County, Massachusetts, being shown as Lot numbered thirty three on a plan of land entitled: tAEoe Land and Buildings of Homestead Association, Inc., Loring Park, South Lawrence, Mass., dated March 1921, John Frankpn, C.E., recorded in the Essex County, Northern District, Regis- try of Deed_ as Plan No. 428, said lot being more particularly bounded as follows: Northerly by the Southerly line of Market Street fifty (50) feet; Easterly one hundred and 81/100 (100.81) feet, partly by Lot numbered 34 as shown on said plan, and partially by Lot numbered 36 as shown on said plan; Southerly fifty five (55) feet partly by land formerly of the Homestead As- sociation, Inc., and partly by land now or late of the Essex Company; and Westerly one hundred (100) feet by lot numbered 32 as shown on said plan. Containing 5,037 square feet according to said plan. For title reference see Deed dated November 8, 2004 and recorded in Book 9176, Page 97. which currently has the address of 6 MARKET STREET LAWRENCE, Massachusetts 01843 ("Property Address"): TOGETHER WITH all the improvements now or hereafter erected on the property, and all easements, appurtenances, and fixtures now or hereafter a part of the property. All replacements and additions shall also be covered by this Security Instrument. All of the foregoing is referred to in this Security Instrument as the "Property"..." Said premises will be sold subject to and/or with the benefit of any and all restrictions, easements, improvements, covenants, outstanding tax title, municipal or other public taxes, assessments, liens or claims in the nature of liens, and existing encumbrances of record created prior to the mort- gage, it any there be. Said premises will also be sold subject to all leases and tenancies having priority over said mortgage, to tenancies or occupations by persons on the premises now or at the time of the said auction which tenancies or occupa- tions are subject to said mortgage, to rights or claims in personal property installed by tenants or former tenants now, located on the premises, and also to all laws and ordinances including, but not limited to, all building and zoning taws and ordinances. THE TERMS OF SALE: FIVE THOUSAND and 00/100 ($5,000.00) DOL- LARS will be required to be paid by bank or certified check only by the purchaser at the time and place of sale, and the balance of the purchase price shall be paid by bank or certified check in or within thirty five (35) days thereafter with Attorneys Stanton & Davis, 1000 Plain Street, Marshfield, Massachusetts. The successful bidder at the sale of the premises shall be required to sign a Memorandum of Sale of Real Property By Auctioneer containing the above terms at the Auction sale. Other terms, if any, to be announced at the time and place of the sale. SIGNED: U.S. Bank National Association as Trustee successor in inter- est to Bank of America, National Association as Trustee as successor by merger to LaSalle Bank NA as trustee for Washington Mutual Asset - Backed Certificates WMABS Series 2007-HE2 Trust, Present Holder of Said Mortgage, By: STANTON & DAVIS, As its Attorneys, FROM THE OF- FICES OF: Jon S. Davis, Esquire, STANTON & DAVIS, 1000 Plain Street, Marshfield, MA 02050, (781) 834-9181 (2139-4186-101 OF/Urena)(09-25-13, 10-02-13,10-09-13)(302533) ET - 9/25, 10/2, 10/9/13 BOXFORD EAST -Two 7 acre lots. No con-com needed. Well installed. Site work done 8 perked. Ready now $445,000.978 621-5798 Gloucester, MA - Developer's Special! 3 spa- cious buildable lots on wooded 4 acres. South- ern exposure with potential for green home development. Perc tested lots on 2 with ease of obtaining another. Not a developer? Build your home on 1 lot and sell others. Some land development necessary. Seller may assist. $255,000. - Rick Petralia J. Barrett & Company 978-239-6207 METHUEN - NEW TO MARKET: Buildable acre plus lot in Pleasant Valley Location.Approved for 26 k 48 single family home. Wont last $119,900 First Choice Realty (978)689-8006 GEORGETOWN - 6240 SF Office MFG/ Warehouse just off the "Square' walk to the Bank, Restaurant etc Only 3 Miles to 1-95 Lease $5.50 SF NNN or Buy $675,000. PLAISTOWAH-Modern Brick Office Building Suites available from 1200 SF to 4381 SF per- fect owner/occupant building, parking, only 3 miles from 1-495 Exit 51. Only $9.95 SF plus utilities Ask for Steve DeSisto METHUEN - New Professional Office Condo great for Doctor, Lawyer or Accountant. On major highway convenient to 495, 93 and 213. Seven rooms with reception area and private bath. 1,225 SF Only $285,000. HAVERHILL- Retail / Office space. Excellent v6 bility! Located in strip mall connected to Dun- kin Donuts. 1,064 SF available. Close to 1-495 $15.00 SF NNN Ask for Charlie Coco METHUEN: Warehouse/office'3,900 SF Lease $1,300/month sale $230,000 NEWBURYPORT: Office for Sale, 1,700 SF pro- fessional building, parking,elevator $259,000 Ask for Austin Spinefla Coldwell Banker Commercial NRT 978-373-3897 A PLUS SELF STORAGE OF LAWRENCE LLP d/b/a A PLUS SELF STORAGE SELF STORAGE FACILITY AUCTIOWSALE Self -Storage Facility Operator's Sale for non-payment of storage charges pursuant to the power of sale contained in M.G.L. Chap- ter 105A, Section 4. The following property will be sold at Public Auc- tion at 10:00 A.M. on October 9, 2013 on the premises of A PLUS SELF STORAGE OF LAWRENCE LLP, d/b/a A, Plus Self Storage, 51 South Canal Street, Lawrence, MA 01843: Mireliz Vazquez, Unit 4305: Exercise equipment, boxes, bin, TV, printer, misc. items Marisela Mo- lina, Unit 4203: Boxes, kids toys, backpack, misc. items Daisy Tor- res, Unit 4200: Bin, box, chair, misc. items Jeanny Betances, Unit 4107: Gym & Karate equipment, misc. items William Vega, Unit 4101: TV, boxes, DVD, games, bin, misc. items Danilo Brea, Unit 3103: Suitcase, vacuum, microwave, bags, misc. items Marlel Martinez, Unit 2708: Household furniture, bins, bag, misc. items Sabrina Santiago, Unit 2535: Household furniture, boxes, bins, misc. items Danirel Henriquez, Unit 2509: Household furniture, bags, bins, TV, misc. items Ashleigh Greer, Unit 2400: Bags, kids toys, bin, boxes, misc. items Oneida Fer- rera, Unit 2313: Refrigerator, bed set, misc. items Perry Coleman, Unit 2306: Bags, suitcase, bins, misc. items Margaret Valerlo, Unit 2300: Household furniture, fish tank, bags, boxes, misc. items Raiza Du- arte, Unit 2016: Household furni- ture, bins, box, misc. items Ruben Concepcion, Unit 1800: Household furniture, boxes, bins, misc. Miguel Cruz, Unit 1750: Household furni- ture, misc. items Donna Cavana- ugh, Unit 1649: Household furniture, A/C unit, boxes, misc. items Cynthia Garcia, Unit 1600: Bins, boxes, printer, suitcase, misc. items Luz M. Uceta, Unit 1578: Boxes Frank Harrison, Unit 1500: Household furniture, box, TV stand, misc. items Umaru Kabba, Unit 1375: Washer/ dryer, bags, boxes, misc. Perry Coleman, Unit 1305: Household furniture, misc. items Josie Medina, Unit 1110: Household furniture, kids patio swings, misc. items Sale per order of A PLUS SELF STORAGE OF LAWRENCE, LLP, d/b/a A Plus Self Storage reserves the following rights (1) to bid at public auction; (2) to refuse any and all bids; (30 to cancel the auction at any time for any reason Terms: Cash. Units sold by the entirety. Sale is subject to post- ponement and/or cancellation. www, storageauctionsolutions.com. Lic. #350, MA. ET - 9/26,10/2/13 Commonwealth of Massachusetts Department of Telecommunications & Cable D.T.C. 13-5 May 14, 2013 Petition of Comcast Cable Com- munications, LLC to establish and adjust the basic service tier pro- gramming, equipment, and instal- lation rates for the communities in Massachusetts served by Comcast Cable Communications, Inc. that are currently subject to rate regulation. NOTICE OF PUBLIC HEARING ON CABLE TELEVISION RATES The Department of Telecommu- nications and Cable ("Department") pursuant to G.L.c. 166A, § 15, and 207 C.M.R. §6.03, the Department of Telecommunications and Cable will hold a public and evidentiary hear- ing to investigate proposed basic service tier programming, equip- ment and installation rates of Com- cast Cable Communications, LLC ("Comcast"). The hearing will take place at: Department of Telecommunications and Cable Hearing Room 1 E 1000 Washington Street Boston, Massachusetts 02118-6500 Wednesday, October 16, 2013 at 10:00 A.M. This proceeding has been dock- eted as D.T.C. 13-5, and is a formal adjudicatory proceeding conducted under G. L. c. 30A and 801 C.M.R. § 1.00 at seq. of the Standard Adju- dicatory Rules of Practice and Pro- cedure. Any person who desires to par- ticipate in this proceeding must file a written petition for leave to intervene or to participate with: Catrice C. Williams, Secretary of the Department Department of Telecommunications and Cable 1000 Washington Street, Suite 820 Boston, MA 02118-6500 Petitions for leave to intervene must be received by 5:00 P.M. on Wednesday, October 8, 2013. Such petition must satisfy the substan- tive requirements of 801 C.M.R. § 1.01(9). Petitioners should submit the petition to the Department in electronic format by e-mail attach- ment to dtc.efiling@state.ma.us. The text of the e-mail or written pe- tition must specify: (1) the name of the cable operator; (2) the docket number; (3) the name of the person submitting the filing; (4) that per- son's municipal title, if any; and (5) a brief descriptive title of the docu- ment (e.g., petition to intervene or participate). The petition should also include the name, title, and tele- phone number of a person to con- tact in the event of questions about the filing.. ET -10/2, 10/9/13 Billerica: Contractor's Yard with professional office space plus equipment storage. Possible Used Car Lot in front of property. Many possi- bilities $499,900 First Choice Realty (978)689-8006 Gloucester - Buy or rent -to -buy this centrally located downtown retail/warehouse free standing building with over 2000 sq ft of space, 12 -foot high ceilings, large store front windows and double -wide entry. Features in- clude full basement,half bath,200 amp CB panel and decorative tin ceiling. High traffic area with great visibility and easy highway ac- cess. $259,000 Rick Petralia J. Barrett & Company 978-239-6207 Haverhill MA - COMMERCIAL Industrial build- ing in sought after commercial area. Concrete building with two bay drive in doors (12x14) and (14X14) Office area and 3/4 bath. Many possibilities. Seller has plans for second floor addition if interested. Make an offer! $399,000.00 KSRJ Signature Realty 603-819-4844 HAVERHILL, MA- Industrial building 4 story brick - parking. Priced to sell. 978-689-5613 or 978-372-0418 METHUEN - 7500sf condominium with in- comell Medical usage for the last 20 years plus added income from a leased 1,000sf space. Use the 6500sf space for your practice or subdivide into 2 spaces for more income. Great opportunity to locate your business in this turn -key facility. $750,000 First Choice Realty (978)689-8006 Methuen: Loop location with direct street frontage on Pleasant Valley St. This 800+/- sf space office condo lends itself to salon us- age(long established) or just to use for office space. Own your own location and build eq- uity $149,900 . First Choice Realty (978)689-8006 Plaistow: Over 9,000 square feet of space of- fers the new buyer lots of flexibility from man- ufacturing to residential or warehouse. V2 acre of land close to Rte 125. Lots of new renova- tions including new roof. Need space at a great price! $369,900 First Choice Realty (978)689-8006 Buy,?? Sell?? Expand?? Lease?? Make the Right Decision Call for a FREE Consultation Rick Petralia, Real Estate Sales Consultant J. Barrett & Company 978-239-6207 #"" FREE PROPERTY VALUE REPORT CLASSIC HOMES RE (603) 382-0360 For Exceptional Real Estate Service NWA AGENTS WANTED! Generous commis- sion spliWno franchise/desk fees. Karen Riddle LoPilato confidentially 603-553-4334. CLASSIC HOMES RE REAL ESTATE CLASSES Get your real estate license! Pre -licensing clas- ses starting soon! For more info, go to: AFrealestateschool. com ON THE OCEAN SALISBURY BEACH/SEABROOK Beautiful winter rental. 3 Bedrooms and Parking, $1200+ 978-975-4001 Gloucester, E. - Short term/Season Winter rental. Available 9/2/13-5/31/14. Fully fur- nished newer contemporary home with cathe- dral wood -beamed ceilings, wood floors and open Irving and dining area. Washer/dryer in- cluded. Ample parking. Located between Good Harbor Beach and Long Beach with easy access to highways and trains. $1,250/ month. Rick Petralia J. Barrett & Company 978-865-1203 Gloucester, MA - Short term Fall -Winter -Sp- ring rental. Fully furnished 8 room, 3 bed Colo- nial on private lot. Open 8 spacious floor plan ample parking, close to good Harbor Beach. 1 st mo 8 security $1600/mo..... Rick Petralia J. Barrett & Company 978-865-1203 IPSWICH, MA- A -FRAME house on private road. 2 bedrooms, dishwasher, disposal, refrigera- tor. Garage. No smoking no pets. $1550/mo. + utilities. 1 st, last 8 security . 978-502-5510 MORTGAGEE'S SALE OF REAL ESTATE By virtue of and in execution of the Power of Sale contained in a certain mortgage given by Edwin J. Farrell and Carol A. Farrell to Mortgage Elec- tronic Registration Systems, Inc. acting solely as a nominee for Delta Fund- ing Corporation, dated September 26, 2006 and recorded at Essex County (Northern District) Registry of Deeds in Book 10438, Page 82 of which mort- gage HSBC Bank USA, National Association, as Indenture Trustee for the registered Noteholders of Renaissance Home Equity Loan Trust 2006-4 is the present holder by assignment from Mortgage Electronic Registration Systems, Inc. acting solely as a nominee for Delta Funding Corporation to HSBC Bank USA, National Association, as Indenture Trustee for the regis- tered Noteholders of Renaissance Home Equity Loan Trust 2006-4 dated December 7, 2007 recorded at Essex County (Northern District) Registry of Deeds in Book 11047, Page 206, for breach of conditions of said mortgagge and for the purpose of foreclosing the same, the mortgaged premises lo- cated at 9 Oneida Street, Methuen, MA 01844 will be sold at a Public Auc- tion at 10:00AM an October 23, 2013, at the mortgaged premises, more particularly described below, all and singular die premises described in said mortgage, to wit: The following property in Methuen, Massachusetts. A certain parcel of land situated in Methuen and being lots numbered 213, 214, 215 and 216 of Plan of Sunberry Park, belonging to J. W. Wilbur, and recorded in the North District Essex Registry of Deeds Plan Book 3, Plan No. 175. Said Lots measure each thirty (30) feet in width by one hundred (100) feet in depth and contain each, according to said plan, three thou- sand (3,000) square feet, more or less. Together with the fee so far as the grantor has the right to convey the same of all the streets and ways shown on said plan in common with the owners of other lots shown and said plan, and subject to the right of all the said lot owners to make any customary use of said Streets and Ways. For mortgagor's title see deed recorded with the Essex County (Northern District) Registry of Deeds in Book 5457, Page 110. The property will be sold subject to the redemption rights in favor of the Internal Revenue Service by virtue of the recorded tax lien(s) recorded in Essex County (Northern District) Registry of Deeds in Book 12508, Page 23 and Book 13341, Page 285. The premises will be sold subject to any and all unpaid taxes and other municipal assessments and liens, and subject to prior liens or other enforceable encumbrances of record entitled to prece- dence over this mortgage, and subject to and with the benefit of all ease- ments, restrictions, reservations and conditions of record and subject to all tenancies and/or rights of parties in possession. Terms of the Sale: Cash, cashier's or certified check in the sum of $5,000.00 as a deposit must be shown at the time and place of the sale in order to qualify as a bidder (the mortgage holder and its designee(s) are exempt from this requirement); high bidder to sign written Memorandum of*Sale upon acceptance of bid; balance of purchase price payable in cash or by certified check in thirty (30) days from the date of the sale at the offices of mortgagee's attorney, Korde and Associates, P.C., 321 Billerica Road, Suite 210, Chelmsford, MA 01824- 4100 or such other time as may be designated by mortgagee. The descrip- tion for the premises contained in said mortgage shall control in the event of a typographical error in this publication. Other terms to be announced at the sale. HSBC Bank USA, National Association, as Indenture Trustee for the registered Noteholders of Renaissance Home Equity Loan Trust 2006- 4, Korde and Associates, P.C. 321 Billerica Road Suite 210 Chelmsford, MA 01824-4100 (978) 256-1500 Farrell, Edwin J. and Carol A., 10-001607, A-441821810/02/2013, 10/09/2013, 10/16/2013 ET -10/2, 10/16/13 MORTGAGEE'S SALE OF REAL ESTATE By virtue and in execution of the Power of Sale contained in a certain mort- gage given by George R. Haddad to Washington Mutual Bank F.A., dated April 1, 2004, and recorded in the Essex County (Northern District) Registry of Deeds in Book 8681, Page 168, of which mortgage the undersigned is the present holder, for breach of the conditions of said mortgage and for the purpose of foreclosing, the same will be sold at public auction at 11:00 A.M. on Wednesday the 23rd day of October, 2013, on the mortgaged premises located at 52 Wilmot Street, Lawrence, Massachusetts, all and singular the real estate described in said mortgage as follows: "...the following described property located in ESSEX County, Massachusetts: . LEGAL DESCRIPTION TO BE ATTACHED HERETO AND MADE A PART HEREOF. Exhibit A Legal Description Loan No. 0082843251 . Mortgagor: George R. Haddad Lender: Washington Mutual Bank, F.A. Property: 52 Wilmot Street, Lawrence, Massachusetts 01841 The land in Lawrence with all the buildings thereon, being Lot numbered 122 on a plan of (Durant Lands) dated 1901, and recorded with the North District of Essex Registry of Deeds, Book 186, Page 600 and is bounded as follows: NORTHERLY by Lot 121, on said plan, one hundred four (11 04) feet; EASTERLY by Wilmot Street, fifty (50) feet; SOUTHERLY by land of the Society of Friends and by Lot 123A on said plan, one hundred twenty-two (11 22) feet; and WESTERLY by land of one McCarthy. Containing 5,650 square feet more or less. For title see deed recorded herewith. which currently has the address of 52 WILMOT STREET, LAWRENCE, Massachusetts 01841 ("Property Address"): TOGETHER WITH all the improvements now or hereafter erected on the property, and all easements, appurtenances, and fixtures now or hereafter a part of the property. All replacements and additions shall also be covered by this Security Instrument. All of the foregoing is referred to in this Security Instrument as the "Property"..." Said premises will be sold subject to and/or with the benefit of any and all restrictions, easements, improvements, covenants, outstanding tax title, municipal or other public taxes, assessments, liens or claims in the nature of liens, and existing encumbrances of record created prior to the mortgage, If any there be. Said premises will also be sold subject to all leases and tenancies having priority over said mortgage, to tenancies or occupations by persons on the premises now or at the time of the said auction which tenancies or occupa- tions are subject to said mortgage, to rights or claims in personal property installed by tenants or former tenants now located on the premises, and also to all laws and ordinances including, but not limited to, all building and zoning laws and ordinances. THE TERMS OF SALE: FIVE THOUSAND and 00/100 ($5,000.00) DOL- LARS will be required to be paid by bank or certified check only by the purchaser at the time and place of sale, and the balance of the purchase price shall be paid by bank or certified check in or within thirty five (35) days thereafter with Attorneys Stanton & Davis, 1000 Plain Street, Marshfield, Massachusetts. The successful bidder at the sale of the premises shall be required to sign a Memorandum of Sale of Real Property By Auctioneer containing the above terms at the Auction sale. Other terms, if any, to be announced at the time and place of the sale. SIGNED: JPMorgan Chase Bank, National Association, Successor in interest by purchase from the Federal Deposit Insurance Corporation, as Receiver for Washington Mutual Bank f/k/a Washington Mutual Bank F.A., Present Holder of Said Mortgage, By: STANTON & DAVIS, As its Attorneys, FROM THE OFFICES OF: Jon S. Davis, Esquire, STANTON & DAVIS, 1000 Plain Street, Marshfield, MA 02050, (781) 834-9181 (2139-2545-209F/Haddad)(09-25-13, 10-02-13, 10-09-13)(302531) ET - 9/25, 10/2, 10/9/13 . LAWRENCE, MA: NEW TO MARKET: Well maintained, recently renovated 2 Family in Tower Hill! This property features 6 bedrooms, vinyl siding, newer kitchens 8 baths in both units. Easy to show. $235,000 First Choice Realty (978)689-8006 ROCKPORT, MA: Nov. -May. Furnished 3 bed- room, 2 bath, near center, train, parking, yard, Whirlpool, washer/dryer, Pets. $1450+ 978-290-1990 www.always-summer.net SALISBURY, MA - 3 bedroom Ranch. Formal dining, nice yard. No pets. $1300/mo+ utili- ties. 1st, last, $500 security. 603-760-2503 r .'_^ Windham, NH 4 room, 2 bedroom, sunroom, large living room, wood stove, eat -in kitchen, minutes from 111/93, $1195 per month, security/refe- rences, no pets. 603-571-5897 or 603-571-5733. Amesbury, MA: LOVELY LONVALE GARDENS Country setting at its finest! Amenities include: Remodeled kitchens, Smart Card laundry, pool and lush landscape. Easy access to seacoast, 1-95 and 495. Call for details to view our model. 978-388-1745 ANDOVER/Ballardvale - 2 -bedroom apartment. completely renovated in 2 -family. Off St. parking C/A/C, near Rte 93 + T Commuter Rail for Bos- ton Commuter. Utilities not included. NO PETS. $1400/mo. ROY ASSOCIATES 978-453-8705 1 familton � ANDOVER - HAMILTON GREEN OH Thurs. 5-8pm 1 MONTH FREE NO APPLICATION FEES, Heat 8 hot water included! Pets welcome! 2 BEDROOMS START $1725 3 BEDROOMS START $2725 Contact Lisa Per r 978-623-8155 BW W&Ar s FRIENDLY COMMUNITY LIVING AT ITS BEST SPool *Central A/C *Playground BasketbalVtennis court s Free storage *Free heat, hot water, gas Visit us 28 Forest Acres Or M -F 8:30 to 4:30, Sat 10-2 movetoforestacres.com Gloucester, E. - Long-term rental. 1 bedroom unit in updated 2 family home. Includes 2 car parking, open concept living area, spacious kitchen with granite and ss appliances, break- fast area, fireplaced living room, washer -dryer, central air,hardwood floors and more. Outdoor deck, storage shed and garden. Easy access to shopping, restaurants, beaches, Rte 128 and commuter rail. $1, 8751 month. Rick Petralia J. Barrett & Company 978-865-1203 GROVELAND, MA - 2 bedroom includes heat 8 hot water, hardwood, storage, deck, parking, new pool. Pets considered Starting at $1200/mo. 978-891-3153 The Town of North Andover in- vites proposals from qualified firms for Architect/Design services associ- ated with the design and construc- tion of a modern,. state-of-the-art Central Fire Station on Chickering Road at Prescott Street. Qualified companies are requested to submit their proposals to the Assistant Town Manager at the Town Hall, 120 Main Street, North Andover, MA, in ac- cordance with the instructions con- tained within this Request for Qualifi- cations (RFQ). The complete RFQ is available on the Town website (www.townof- northandover.com) under "Bids, Quotes and Proposals". The Town will only accept proposals delivered in person or by mail. All proposals must be received by 2:00 p.m. on Thursday, October 24, 2013, to be considered. The Town of North Andover may cancel this RFQ or reject in whole or in part any and all proposals if they determine that cancellation or rejec- tion serves the best interest of the Town of North Andover. ET -10/2/13 This Notice is to inform the Public that a request for an Amendment to a Final Order of Conditions is be- ing made by Corville Realty Trust, 3 Crenshaw Lane, Andover, MA 01810 for as -built conditions not comport- ing to the approved plan and not seeking prior approval from the De- partment of Environmental Protec- tion or Conservation Commission. The single family dwelling and deck has a different configuration. In ad- dition, a patio has been added be- neath the deck. The grading and walkways have been slightly modi- fied. The applicant is proposing to construct a stone retaining wall and clean fill along the northerly side of the driveway. The stone retaining wall will vary in height from 2-3 ft and is proposed 30 ft from the bordering vegetated wetland. The request for Amendment to the Final Order of Conditions is before the Massachu- setts Department of Environmental Protection for review. The date of this Legal Notice is Oc- tober 2, 2013 and public Comments may be sent to the Massachusetts Department of Environmental Pro- tection, Northeast Regional Office, 205B Lowell Street, Wilmington, MA 01887. Comments on the proposed request must be received at the above address for DEP within (21) days of this notice. ET -10/2/13 A PLUS SELF STORAGE OF HAVERHILL INC d/b/a A PLUS SELF STORAGE SELF STORAGE FACILITY AUCTION/SALE Self Storage Facility Operator's Sale for non-payment of storage charges pursuant to the power of sale contained in M.G.L. Chapter 105A, Section 4. The following prop- erty will be sold at Public Auction at 12:00 PM on October 9, 2013 on the premises of: A PLUS SELF STOR- AGE OF HAVERHILL INC. d/b/a A Plus Self Storage 15 Hale Street, Haverhill Ma 01830: Unit #2211 Kerri Catlin Toys, Furniture, Boxes, Totes, Suitcase, Lamps Unit #2307 Robin Wilbur Furniture, Bed, mi- crowave, Patio Furniture, Tool Box, Totes, Boxes, Bags Unit #3609 Jas- mine Castro Boxes, Suitcases, Fur- niture Unit #5A14 Crystal Uccello Furniture, Boxes, Appliances, Televi- sion, Lamps Unit #4103 Prisca Pi - mental Bikes, Household Furniture, Bags, Boxes, Wall hangings. Sale per order of A PLUS SELF STOR- AGE OF HAVERHILL INC. d/b/a A Plus Self Storage reserves the fol- lowing rights (1) to bid at public auc- tion; (2) to refuse any and all bids; (3) to cancel the auction at any time for any reason. Terms: Cash. Units sold by the entirety. Sale is subject to postponement and/or cancellation. www.storageauctionsolutions.com. Lic. #350, MA. ET - 9/26,10/2/13