HomeMy WebLinkAboutContract #: 1162 - From: 11-16-2018 To: 07-30-2020 - Catlin + Petrovick Architects, P.C. - Town Manager •v
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AGREEMENT FOR DESIGN SERVICES
THIS AGREEMENT is made as of the day of November,2018 by and between Catlin
+ Petrovick Architects, PC (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 improvements for the Senior Center building ("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/Scope 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 II 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.
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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 subj ect 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 rendered by the Designer, 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 Designer's work under this Agreement, the
Designer shall remove any waste materials and rubbish brought onto the Site by the Designer or
any of its subcontractors from and about the Site.
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 seq., and
to any other applicable federal, state, municipal and local laws, ordinances, rules, regulations,
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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 To and all other
interested parties.
.10 The Designer shall give the Town reasonable notice of the commencement of any
work under this Agreement involving entry upon any project site.Authorization must be obtained
from the To 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 such sites. After the To obtains site control and the project has
commenced the Designer may enter the project site as needed.
4.11 Andrew Maylor,Town Manager, shall be the Town's primary contact person with the
Designer, and John Catlin, President,, 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 ma or phase of service in
accordance with Schedule III attached hereto, which will include all labor, overhead, profit,
insurance, of 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, exceptfor
"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. c7, §3811(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
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expenses shown in such monthly invoice have been paid to date or shall be 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 Stun as follows: The Designer
shall invoice the To 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, II & III attached hereto. 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 ailer 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) reproducible 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 To 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 of
this Agreement,or(iv)the terms of this Agreement or provided by law pertaining to the Designer's
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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. Changes 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 I, 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, §38140), 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. Coverages 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 bodily injury by disease and a$2,000,000.00 policy limit
on bodily injury by 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.
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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 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
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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: Mr. Andrew Maylor, Town Manager
Town of North Andover
120 Main Street
North Andover, MA 01845
To Designer: Mr. John Catlin, President
Catlin+ Petrovick Architects,PC
51 Railroad Street, Suite 130
Keene, NH 03431
Section 11. Confidential and Proprietary Information; the Ownership of Documents
11.1 Unless provided otherwise by law, ownership and possession of all information, data,
reports, studies, designs, drawings, specifications, materials, computer programs, documents,
models, inventions, equipment, and any other documentation, product of tangible materials to the
extent authored or prepared, in whole or in part,by the Designer pursuant to this Contract
(collectively, the "Materials"), other than the Designer's administrative communications,
records, and files relating to this Contract, shall be the sole property of, and shall vest in, the
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Owner as "works made for hire"or otherwise,provided that the Owner complies with its
payment obligations under this Contract. The Owner will own the exclusive rights, worldwide
and royalty-free, to and in all Materials prepared and produced by the Designer pursuant to this
Contract, including, but not limited to, United States and International patents, copyrights,trade
secrets, know-how and any other intellectual property rights, and the Owner shall have the
exclusive, unlimited and unrestricted right, worldwide and royalty free,to publish, reproduce,
distribute,transmit and publicly display all Materials prepared by the Designer. The Owner shall
provide appropriate credit to the Designer, in terms agreed upon by the Design, in any publicity
about or plaque at the Project. The Designer shall have a license to publish and publicly display
all Materials prepared by the Designer in its normal marketing and related professional and
academic activities. The Designer shall have a license to use the typical or standard details and
all other replicable elements of the Materials for this Project on other future projects. At the
completion or termination of the Designer's services required pursuant to this Contract, copies of
all original Materials shall be promptly turned over to the Owner. Once the Owner has made
payment for a particular Material ownership vests in Owner and Designer must provide such
Material to Owner within fifteen(15) days of Owner's request for the same.
11.2 Without limitation upon the generality of the foregoing, it is expressly understood and
agreed that the Town may utilize the Materials with respect to construction, maintenance, repair,
alteration, expansion,modification and reconstruction of the Project at any time and from time to
time. Furthermore, the Town may utilize any of the Materials 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 Town agrees to the extent permitted by law hold the Designer harmless from and against any
and all claims, losses, liabilities and damages incurred by the Town or asserted by any other
entity or individual arising out of or resulting from any use of the Materials on other projects or
any reuse or modification of the Materials or any of Designers designs, drawings and
specifications. 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
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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 To 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
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. c. 66, §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.
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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.
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
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(d) that the Designer has internal accounting controls as required by M.G.L. c. 30,
§3 9R, 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 To regular statements of the Designer concerning
internal auditing controls;
(3) has filed and will continue to file with the Conu-nissioner 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,
§3 9R; and
(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. c. 7, §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 Section 44C of M.G.L. c.149.
Breach of any of the foregoing provisions shall be deemed a material breach which shall
entitle the To 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 To in connection
with this Agreement.
20.2 The Designer further warrants that no employee of the To of North Andover,
including unpaid members of Town boards and commissions,serves as an officer,director,trustee
oremployee 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.
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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 To 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
deemed terminated as to that portion for the convenience of the To in accordance with this
provision. The To 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
To 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 To 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 conu-nissions 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 To 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.
Design Services Contract by and between Town ofNorth Andover Page 12 of27
and Catlin+Petrovick Architects, PC
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 term, "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.
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 bylaw 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.
Design Services Contract by and between Town of North Andover Page 13 of 27
and Catlin +Petrovick Architects, PC Nor
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.
Design Services Contract by and between Town offorthAndover Page 14 of 27
and Catlin+Petrovick Architects, PC
f
IN WITNESS WHEREOF, the parties have executed this Agreement on the date first
above written.
F the D ' ner:
By
For the Town:
By
Town Manager
As to the availability of funds:
L)im
Town ccountant
Approved as to form:
JIA�
own Counsel
Design Services Contract by and between Town of North Andover Page 15 of27
and Catlin +Petrovick Architects, PC
MASSACHUSETT S ERED INCIPAL F FIRM RESPONSIBLE FOR THIS
PROJECT IS: ",f=
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, §3 8H(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 o vendor.
Signed unde•the pai and alties of perjury this ii�—day of , 2018.
By: -- Name:
Des er
Design Services Contract by and between Town of North Andover Page 16 of 27
and Catlin+Petrovick Architects, PC
SCHEDULE I
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 renovations of the designated
space.
F. Based on the mutually agreed-upon program, schedule and construction budget
requirements, the Architect shall prepare, for approval by the Town, schematic design
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.
Design Services Contract by and between Town of North Andover Page 17 of 27
and Catlin+Petrovick Architects, PC
SCHEDULE II
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 in effect at
the time of the bid acceptance 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 Desianer represents and warrants it is duly licensed (and in good standing)to perform the
Services in the Commonwealth of Massachusetts. Designer farther 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 649, §44A-44H, and MGL c30, §39M, and all
related laws and regulations. The Designer agrees that if in the opinion of the To 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 Any services in connection with change orders and change directives which are
necessitated by a lack of reasonable clarity, deficiencies or conflicts with the Construction
Documents or other error or omissions of the Designer, shall not qualify as additional
services and shall be performed within the scope of the Services.
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
attend public hearings for each of the foregoing. In furtherance thereof,the Designer shall
Design Services Contract by and between Town of North Andover Page 18 of27
and Catlin i-Petravick Architects,PC
comply with all of the requirements of MGL c. 7, §38A-380,MGL c. 149, §44A-44H,and
§44M, and MGL c. 30, §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 c. 149, §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 To 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 To 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 and
types of construction are to be included in the Contract Documents, to make reasonable
Design Services Contract by and between Town of orth Andover Page 19 of
and Catlin+Petrovick Architects,PC
1
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:
1. 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.
Design Services Contract by and between Town of North Andover Page 20 of 27
and Catlin +Petrovick Architects,PC 1.0
SCHEDULE III
DESIGNER COMPENSATION
Pre-Design and Schematic Design $ 87, 450
Design Development $ 134,090
Construction Documents $ 204,050
Bidding $ 29,150
Construction Administration $ 116,600
Warranty Period(lyear) $ 11,660
$ 583,000.00
The Designer compensation is based on an approximately 13, 500 square foot
Senior Center. The Parties understand that the square footage of the Center is
approximate and there is some leeway for variances up to 1,000 square feet. The
Parties agree that any change in scope of the project that increases the Center
more than 1,000 square feet will require an amendment to this contract and be
negotiated and amended pursuant to Section 7.1 of this contract.
The Fee amount will not be reduced unless the Parties terminate this agreement
pursuant to the terms of the Contract prior to the completion of the project.
Design Services Contract by and between Town of North Andover Page 21 of 27
and Catlin+Petrovick Architects, PC
e
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 To 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 To (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 Work, to which the consultant's services
relate and to report in writing thereon to the Designer, and to visit and observe the Project
Design Services Contract by and between Town of North Andover Page 22 of27
and Catlin +-Petrovick Architects, PC (
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.
The Designer shall assist the Owner's Project Manager in connection with the Town's
review of all requests for payment to contractors and the Owner's Project Manager
Design Services Contract by and between Town of North Andover Page 23 of 27 0
and Catlin +Petrovick Architects, PC
submission to the Town, of 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 Town and/or the Owner's Project Manager shall be responsible for monthly checks of
all weekly-certified payroll records submitted by the Contractors to insure that all state
wage-reporting requirements are fully adhered. The Town may request that the Designer
provide assistance if questions arise.
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
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
Design Services Contract by and between Town of North Andover Page 24 of 7e!l,_
and Catlin +Petrovick Architects, PC
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.
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
Design Services Contract by and between Town of North Andover Page 25 of 27
and Catlin+Petrovick Architects, PC k� �`
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. The Designer may require the
Contractor to submit the manuals and other submittals in CSI format. The manuals shall
be 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 To 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 To at the conclusion of the
Construction Contract and prior to the expiration of the construction period.
Design Services Contract by and between Town of orth Andover Page 26 of
and Catlin+Petrovick Architects,PC
, a
t
Town of North Andover
Hourly Rates
Catlin + Petrovick Architects, PC
• Principal(John Catlin): $225/hr
• Associate Principal: $180/hr
• Project Manager: $105/hr
• Intern Architect: $65/hr
• Administration: $60/hr
North Andover Adult Center Catlin + Petrovick Architects, PC
Town of North Andover - ArchitectlDesign Servilces-Con$
Proposed Project Schedule
Oct-is NOVAB Dec-18
2/31
Catlin+Petrovick Architects,PC �10 01111/12 12i3 12110 12/17 12114 1 41
Estated
Item: Meetings Start Finish Duration:1
Award Contract #1 1 30-Oct-I
TASK LOO:Program and Project Review
A.ProgramlPlan
(,01)Review Existing Conditions #2,3 5-Nov-18 12-Nov-18 I week
(.02)Meet with senior center staff,COA board members and
members of the senior center advisory committee to review and #3;4 5-Nov-18 i 19-Nov-18 3 weeks
finalize the project program.
TASK 2.00-Schematic(Conceptual)39W
(.01)Apply program'fr for l:onceptual plan #5 19-Nov-18 3-Dec-18 3 Weeks
(.02)Conceptual schemers building plan #6 26-Nov-18 3-Dec-18 2 Weeks
(.03)Layout for site impact-circulation(vehicle/pedestrilan) #7 3-Dec-18 10-Dec-18 1 Week
(.04)Final Scope of Worke'Oulline Six--ifications-Cost Estimate #9 3-DecA3 1 G-Deo-1 8 2 Weeks
M
"R�7 .,7777 7,
"MI,
(.01)Design Development Cost Estimate 99 17-Dec-18 4-Jan-19 6 Weeks MI
(.02)Construction Documents,lost Estimate #10 28-Jan-19 21-lan-19 10 Weeks
(.03)Bid Set Review #11 4-Mar-1 9 1 8-Mar-1 9 3 Weeks
(.01)Advertise 18-Mar-19 25-Mar-1 9 2 Weeks
(.02)Sub-Bids #12 1-Apr-19 15-Apr-1 9 3 Weeks
(.03)General Bids #13 22-Api-19 29-Apr-19 2 Weeks
TASK 5.00:Award-Contrad and ConstruMon
(0.01)Award GC Contract,Mobilize #14 6-May-19 20 May-19 3 Weeks
(0.02)Construction 20-May-19 3NJuQ0 14 Months