HomeMy WebLinkAboutContract #: 1578 - From: 01-11-2023 To: 03-31-2023 - Winter Street Architects - Community Development CONTRACT FOR SERVICES WITH THE TOWN OF NORTH ANDOVER
This CONTRACT made and entered into on 111h day of January, 2023, by and between Winter
Street Architects, Inc.,a Massachusetts corporation with a usual place of business at 27 Congress
Street, Suite 201, Salem, MA 01970 "ARCHITECT" and the Town of North Andover (the "TOWN")
a municipal corporation duly established by law and located in Essex County, in the
Commonwealth of Massachusetts.
WHEREAS,the TOWN sought a priced proposal for the an examination of how to reuse the former
Senior Center in North Andover.
WHEREAS, the ARCHITECT represents that it is duly qualified in this field, and has agreed to
perform such services for the TOWN.
NOW, THEREFORE, IT IS AGREED by and between the parties as follows:
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The ARCHITECT will study and report on the highest and best reuse for the Former Senior Center
in North Andover, as set forth in the ARCHITECT's proposal, attached as Exhibit A. This Contract
will commence upon execution and terminate on March 31, 2023. Time is of the essence for this
Contract. Any extensions of time must be in writing and are at the sole discretion of the TOWN.
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The Priced Proposal, all required Certifications, and all Insurance Binders are incorporated herein
and made part of this Contract.
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Total payment under this Contract shall not exceed the sum of$66,560.00 Dollars. This
Contract is expressly subject to and contingent upon an appropriation of funds.
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Such services under this Contract will be performed as expeditiously as possible in a good and
workmanlike manner under the supervision of, and to the satisfaction of the Department Head
in the TOWN. The ARCHITECT states that it is qualified, and is in all relevant aspects, in good
standing. The ARCHITECT certifies that performance under this Contract will meet ethical
business standards and good stewardship of taxpayer and public funding to prevent waste or
abuse.
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This Contract is subject to all laws of the Commonwealth of Massachusetts, federal, state, and
local, which are applicable to this contract, and services provided to a public entity; and it is
presumed that the ARCHITECT is cognizant thereof. Any and all proceedings or actions relating
to the subject matter herein shall be brought and maintained in the courts of the
Commonwealth, which shall have exclusive jurisdiction thereof. This paragraph shall not be
construed to limit any other legal rights of the parties.
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The ARCHITECT shall use their best skills and attention, which shall not be less than such state of
skill and attention generally rendered by the ARCHITECT/design professional for projects similar
to this Project in scope, difficulty and location. Consistent with the referenced standard of care,
the ARCHITECT shall be responsible for the professional and technical accuracy for all work or
services furnished by him or his consultants and subcontractors. The ARCHITECT shall perform
his work under this Agreement in such a competent and professional manner that detail checking
and reviewing by the TOWN shall not be necessary.
All consultants must be registered and licensed in their respective disciplines if
registration and licensor are required under the applicable provisions of Massachusetts
law.The ARCHITECT and all consultants and subcontractors shall conform their work
and services to any guidelines, standards and regulations of any governmental authority
applicable to the type of work or services covered by this Agreement. Neither the
TOWN's review, approval or acceptance of any of the work or services performed shall
be construed to operate as a waiver of any rights under the Agreement or any cause of
action arising out of the performance of the Agreement.
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The ARCHITECT shall produce One (1) reproducible copy of all drawings, plans, specifications
and other documents prepared by the ARCHITECT which shall become the property of the
TOWN upon payment in full therefor to the ARCHITECT. Ownership of stamped drawings and
specifications shall not include the ARCHITECT's certification or stamp. Any re-use of such
documents without the ARCHITECT's written verification of suitability for the specific purpose
intended shall be without liability or legal exposure to the ARCHITECT or to the ARCHITECT's
independent professional associates, subcontractors or consultants. Distribution or submission
to meet official regulatory requirements or for other purposes in connection with the Project is
not to be construed as an act in derogation of the ARCHITECT's rights under this Agreement.
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The TOWN shall furnish to the ARCHITECT available surveys, data and documents relating to the
area which is the subject of the Scope of Work. All such information, including that relating to
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subsurface and other conditions, natural phenomena, existing pipes,and other structures is from
the best sources at present available to the TOWN. All such information is furnished only for the
information and convenience of the ARCHITECT and is not guaranteed. It is agreed and
understood that the TOWN does not warrant or guarantee that the subsurface or other
conditions, natural phenomena, existing pipes, or other structures will be the same as those
indicated in the information furnished, and the ARCHITECT must satisfy himself as to the
correctness of such information. If, in the opinion of the ARCHITECT, such information is
inadequate,the ARCHITECT may request the TOWN's approval to verify such information through
the use of consultants or additional exploration. In no case shall the ARCHITECT commence such
work without the TOWN's prior written consent. Such work shall be compensated as agreed
upon by TOWN and ARCHITECT.
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The TOWN agrees to use best efforts to pay for services within thirty (30) days of receiving an
invoice,so long as all services provided are sufficiently detailed in the invoice, and that the invoice
has filed with the contracting department. Any payment under this Contract shall not constitute
or be deemed a waiver, relinquishment, release, or abandonment of any claim which the TOWN
may have against the ARCHITECT for breach of this Contract.
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The ARCHITECT shall give its personal attention constantly to the faithful performance of the
work and shall keep the same under its personal control and shall not assign nor sublet the work
or any part thereof without the previous written consent of the TOWN and shall not,either legally
or equitably, assign any of the monies payable under this Agreement or its claim thereto unless
by and with the written consent of the TOWN.
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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, and in full
conformity with MGL c.268A. 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.
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It is further agreed by the ARCHITECT that, in the event the TOWN is sued in a court of law or
equity, or demand is made upon the TOWN for payment of any damages arising out of the
ARCHITECT'S performance or non-performance of this Contract, then the ARCHITECT, without
reservation, shall indemnify and hold harmless the TOWN against any and all claims arising out
of the ARCHITECT'S performance or non-performance of the Agreement.
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It is further agreed that the TOWN may terminate this Agreement without cause, upon fourteen
(14) days' written notice to the other party, sent by certified mail, to the usual place of business
of the other party. The TOWN may also terminate this Agreement at any time for cause.To the
full extent permitted by law, no official, employee, agent, or representative of the TOWN shall
be individually or personally liable on any obligation of the TOWN under this contract.
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It is understood and agreed by the TOWN and the ARCHITECT that a Contract Performance
Record Form must be completed on this contract by the Department Head or his designee who
is supervising this contract, and such Contract Performance Record Form must be submitted to
the TOWN Manager, TOWN Accountant, and Purchasing Agent prior to release of final payment
under this contract. If requested by the ARCHITECT a copy of the Contract Performance Record
Form shall be furnished to the ARCHITECT.
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The ARCHITECT certifies that any and all taxes and municipal fees due and owing to the TOWN of
North Andover have been paid in full.
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The ARCHITECT shall at all times during the Contract maintain in full force and effect Employer's
Liability, Worker's Compensation (MGL c.152), Public Liability, and Property Damage Insurance,
including contractual liability coverage. All insurance shall be for policy limits acceptable to the
TOWN;all required insurance shall be certified by a duly authorized representative of the insurers
on the "MIIA" or "ACORD" Certificate of Insurance form (incorporated into and made a part of
this agreement);and before commencement of work hereunder the ARCHITECT agrees to furnish
the TOWN with certificate(s) of insurance or other evidence satisfactory to the TOWN. The
certificates shall contain the following express obligations: "In the event of cancellation or
material change in a policy affecting the certificate holder, thirty (30) days prior written notice
will be given the certificate holder. Where notice is not provided by ARCHITECT's insurer, the
notice will be provided by the ARCHITECT." The TOWN shall be named as an additional insured
under each policy or policies, except Workers' Compensation.
For the purpose of the Contract,the ARCHITECT shall carry the following types of insurance in at
least the limits specified below.
• Workers' Compensation—the required statutory amount
• Employer's Liability—$500,000
• Bodily Injury& Property Damage Liability Except Automobile—$500,000
• Automobile Bodily Injury& Property Damage Liability—$1,000,000 combined single limit
for each accident.
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• Excess Umbrella Liability—$5,000,000 for each occurrence
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The ARCHITECT will carry out the obligations of this Contract in full compliance with all of the
requirements imposed by or pursuant to General Laws c151B (Law Against Discrimination) and
any executive orders, rules, regulations, and requirements of the Commonwealth of
Massachusetts as they may from time to time be amended.
The ARCHITECT shall comply with all federal and state laws, rules and regulations promoting fair
employment practices or prohibiting employment discrimination and unfair labor practices and
shall not discriminate in the hiring of any applicant for employment nor shall any qualified
employee be demoted, discharged or otherwise subject to discrimination in the tenure, position,
promotional opportunities, wages, benefits or terms and conditions of their employment
because of race, color, national origin, ancestry, age, sex, religion, disability, handicap, sexual
orientation or for exercising any rights afforded by law.
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The ARCHITECT shall not assign or delegate, in whole or in part or otherwise transfer any liability,
responsibility,obligation,duty or interest under this Contract without the written approval of the
TOWN.
Any subcontract entered into by the ARCHITECT for the purposes of fulfilling the obligations
under this Contract must be in writing, authorized in advance by the TOWN and shall be
consistent with and subject to the provisions of this Contract. Subcontracts will not relieve or
discharge the ARCHITECT from any duty, obligation, responsibility or liability arising under this
Contract. The TOWN is entitled to copies of all subcontracts and shall not be bound by any
provisions contained in a subcontract to which it is not a party.
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To the full extent permitted by law, no official, employee, agent or representative of the TOWN
of North Andover shall be individually or personally liable on any obligation of the TOWN under
this Contract.
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The ARCHITECT will carry out the obligations of this Contract in full.compliance with all of the
requirements imposed by or pursuant to General Laws c151, §1, et seq. (Minimum Wage Law)
and any executive orders, rules, regulations, and requirements of the Commonwealth of
Massachusetts as they may from time to time be amended. The ARCHITECT will at all times
comply with the wage rates as determined by the Commissioner of the Department of Labor and
Industries, under the provisions of General Laws c149, §§26 to 27D (Prevailing Wage Law), as
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shall be in force and as amended. The ARCHITECT will, in addition to any other submissions
required by the Prevailing Wage Law, submit certified weekly payrolls to the TOWN with the
information described in General Laws c149, §276. The provisions of this paragraph are
understood to apply only when applicable to the ARCHITECT.
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At any time during normal business hours, and as often as the TOWN may deem it reasonably
necessary, there shall be available in the office of the ARCHITECT for the purpose of audit,
examination, and/or to make excerpts or transcript all records, contracts, invoices, materials,
payrolls, records of personnel, conditions of employment and other data relating to all matters
covered by this Agreement.
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This instrument, together with its endorsed supplements, and the other components of the
contract documents, constitutes the entire contract between the parties, with no agreements
other than those incorporated herein.Any Amendments to this Contract must be made in writing
and executed by all signatories to the original Contract, prior to the effective date of the
amendment.
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Any notice permitted or required under the provisions of this Contract to be given or served by
either of the parties hereto upon the other party hereto shall be in writing and signed in the name
or on the behalf of the party giving or serving the same. Notice shall be deemed to have been
received at the time of actual service or three (3) business days after the date of a certified or
registered mailing properly addressed. Notice to the ARCHITECT shall be deemed sufficient if
sent to the address set forth in the Contract and to the TOWN of North Andover by being sent to
the TOWN Manager, TOWN Hall, 120 Main Street, North Andover, Massachusetts 01845.
IN WITNESS WHEREOF the parties have hereto and to one other identical instrument set forth
their hands the day and year first above written.
THE TOWN THE ARCHITECT
rro, Asst. Town Manager `AAndrewSliip inter Street
Architects, by:
Director Of Community Development Paul R. Durand
Date: 3 Date: 1/11/2023
6
Melissa Murphy-Rodrigues Winter Stred°t"Architects, by:
TOWN Manager
Date J' Date 1/11/2023
Paul R. Durand, President
Print Name &Title
Federal Identification
No.:04-3257526
APPROVED AS TO FORM:
B
Christine P. O'Connor,Town Counsel
Date
CERTIFICATION AS TO AVAILABILITY OF FUNDS:
Lyne vage,Town Acco tant
Date
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CERTIFICATIONS
CERTIFICATE OF NON-COLLUSION
The undersigned certifies under penalties of perjury that our 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 1/11/2023
Paul R. Durand, President Winter Street Architects, Inc.
Print Name &Title Company Name
CERTIFICATE OF TAX COMPLIANCE
Pursuant to Chapter 62C of the Massachusetts General Laws, Section 49A (b), I
Paul Durand , authorized signatory for Winter Street Architects, Inc.
Name of individual Name of ARCHITECT
do hereby certify under the pains and penalties of perjury that said ARCHITECT 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 ARCHITECTs, and withholding and
remitting child support.
wwN ,............... ....,� 1/11/2023
Signature Date
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CERTIFICATE OF VOTE
At a duly authorized meeting the Board of Directors of the Winter Street Architects, Inc.
held on March 16, 2022 it was
VOTED,THAT
Paul Durand President
(Name) (Officer)
of Winter Street Architects, Inc. be and hereby is authorized to execute contracts and bonds
in the name and on behalf of said Corporation . and affix its corporate seal
hereto; and such execution of any contract or obligation in the name of
Winter street Architects, Inc on its behalf by such officer under seal of
Winter Street Architects, Inc. , shall be valid and binding upon Winter Street Architects, Inc.
I hereby certify that I am the clerk of the above named Winter Street Architects, Inc. and
that Paul Durand is the duly elected officer as above of said
Corporation , and that the above vote has not been amended or rescinded and
remains in full force and effect as the date of this contract.
1/11/2023
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EXHIBIT
A.,
WINTER STREET
May 25, 2022
Andrew Shapiro,
Assistant Town Manager/Director of Community&Economic Development
Town of North Andover
120 Main Street
North Andover,MA 01845
Via Email: a"hap: a n y mr�a Y
RE: Proposal for Reuse of Former Senior Center,Town of North Andover,MA
STUDY REUSE OF FORMER SENIOR CENTER
Step 1:Gather Existing Condition Information:
A. Existing Plans: Should building plans be available we will scan and digitize for use in the Study
B. Field Documentation:Should building plans not be available we would field measure,document with photographs,and
create floor plans,elevations and 3-dimensional information in a digital model with Autodesk Revit for use in planning
development of the building
C. Building Code Review
D. Review Mechanical,Electrical,Plumbing and Fire Protection Systems for working condition and life expectancy and ability
to service a multi-tenant facility and change of use.
E. Review Existing Building for Envelope and Structural Integrity
F. Review Existing Building for Hazardous Materials to be abated
Step 2:Investigate Building Ownership Scenarios:
A. Town Retains Ownership to House Town Offices and Quasi-Governmental Agencies
B. Town Retains Ownership and Leases Space
C. Disposition of Property to Developer/Manager
Step 3:Develop Reuse Scenarios:Engage Real Estate Advisor to determine economics and viability of various reuse scenarios:
A. Town Hall Annex
B. Business Incubator
C. Child Day-Care Center
D. Office Space
a. Commercial Offices
b. Quasi-Governmental or Governmental Offices
c. Other
E. Housing:
a. Standard
b. Special Needs(Elderly,low income,etc.)
c. Other
F. Other Use
Step 4:Architectural Typical Plans of Highest and Best Use Scenarios Selected from Step 3
Step 5: MEP/FP Systems Narrative for Highest and Best Use Scenarios Selected from Step 3
Step 6:Cost Estimate of Developing Highest and Best Use Scenarios Selected from Step 3.
Step 7: Report of Findings and Conclusions.
27 Congress Street Suite 201 Salem, Massachusetts 01970 978.744.7379
WINTER STREET '°' �
SCHEDULE
Step 1:Gather Existing Condition Information—2 weeks
Step 2:Investigate Building Ownership Scenarios—4 weeks
Step 3:Develop Reuse Scenarios:Engage Real Estate Advisor to determine economics and viability of various reuse scenarios—4 weeks
Step 4:Architectural Typical Plans of Highest and Best Use Scenarios Selected from Step 3 - 1 week
Step 5:MEP/FP Systems Narrative for Highest and Best Use Scenarios Selected from Step 3-1 week.
Step 6:Cost Estimate of Developing Highest and Best Use Scenarios Selected from Step 3—2 weeks
Step 7:Report of Findings and Conclusions.—2 weeks
TOTAL: 16 Weeks
STUDY FEE
Architectural $38,500
Mechanical, Electrical, Plumbing and Fire Protection $ 5,000
Real Estate Consultant $ 6,000
Cost Estimator $ 8,500
Hazardous Materials Investigation $ 7,500
Expenses $ 500
TOTAL: $66,560
27 Congress Street Suite 201 Salem, Massachusetts 01970 978.744.7379