HomeMy WebLinkAboutContract #: 1586 - From: 02-10-2023 To: 04-28-2023 - Lagrasse, Yanowitz & Feyl - Facilities CONTRACT FOR SERVICES WITH THE TOWN OF NORTH ANDOVER
This CONTRACT made and entered into on loth day of February,2023, by and between Lagrasse,
Yanowitz& Feyl., a Massachusetts corporation with a usual place of business at One Elm Square,
Andover, MA "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 professional architectural services for
schematic design and layout for the existing ground floor toilet area.
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 complete the Construction Documents Phase and the Construction
Procurement Phase as set forth in the ARCHITECT's proposal and current fee schedule, attached
as Exhibit A. This Contract will commence upon execution and terminate on April 28, 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$23,500 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.
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
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
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• Bodily Injury& Property Damage Liability Except Automobile—$500,000
• Automobile Bodily Injury& Property Damage Liability—$1,000,000 combined single limit
for each accident.
• Excess Umbrella Liability—$1,000,000 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 underthis 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
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M lissa Murphy-Rodrigues , by: KennethmVR. Feyl, President
TOWN Manager Yanowitz& Feyl, Inc. (DBA LYF Architects)
Date Date: 02/10/2023
Kenneth ft`. Feyl,4 resident
Federal Identification
No.: 84-5042924
APPROVED AS TO FORM:
06t,�, _..
(tz -"'
Christine P. O'Connor, Town Counsel
Date
CERTIFICATION AS TO AVAILABILITY OF FUNDS:
i
Lyne Sa' ge,Town Accou nt
Date � �
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CERTIFICATE OF VOTE
At a duly authorized meeting the Board of Directors of the Yanowitz & Feyl, Inc. (DBA LYF
Architects) held on it was
0
VOTED, THAT
Kenneth R. Feyl President
(Name) (Officer)
of Yanowitz & Feyl, Inc. (DBA LYF Architects) be and hereby is authorized to execute contracts and
bonds in the name and on behalf of said Yanowitz & Feyl, Inc. (DBA LYF Architects) , and affix its
corporate seal hereto;and such execution of any contract or obligation in the name of Yanowitz
& Feyl, Inc. (DBA LYF Architects)on its behalf by such officer under seal of Yanowitz & Feyl, Inc. (DBA
LYF Architects)—, shall be valid and binding upon Yanowitz & Feyl, Inc. (DBA LYF Architects) .
I hereby certify that I am the clerk of the above named Yanowitz & Feyl, Inc. (DBA LYF
Architects) and that Yanowitz & Feyl, Inc. (DBA LYF Architects) is the duly elected officer as above of
said Yanowitz & Feyl, Inc. (DBA LYF Architects), and that the above vote has not been amended or
rescinded and remains in full force and effect as the date of this contract.
�Jjv JU4,4 — ;Allt
(date) 0 Mark Yanowitz, Secretary
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0=1 LAGRASSE YANOWiTZ & FEYL
ARCHITECTURE.LAND PLANNING .CONSTRUCTION MANAGEMENT
January 3, 2023
Ms. Kathleen H. Keenan, Director
Stevens Memorial library
345 Main Street
North Andover AAA 01845
kkeenan(?northandoverMA.aov
Re: Proposal existing toilet area renovation
Ms. Keenan,
As requested, the office of LYF Architects is pleased to resubmit our proposal for professional architectural
services for schematic design and layout for the existing ground floor toilet area. Previously we had generated
schematic plans to revise the toilet area of the library. As previously discussed, the Trustees hired LYF for the
schematic design of this area and put off construction of the toilets until the funding was available. My
understanding is that the Trustees want to move forward with Construction Documents for the bidding and
construction of the project. LYF will provide design services to create a biddable document which complies
with the Massachusetts bidding laws of MGL Chapter 149 and assist the Library in the bidding process.
First steps to start the construction documents is to verify the approved schematic plan prior to
coordinating our engineers. This plan will become the base for the drawings of our work and our consultants.
For this project we will need to include engineering for the Plumbing, Fire protection, HVAC, Electric and fire
alarm. We will also work with the Library staff to coordinate finishes for the new area.These finishes will include
flooring, wall tile, ceilings,paint colors, doors and hardware, plumbing fixtures, lighting and electrical devices
and any other features to be constructed or revised.
The following are the steps that will be necessary to complete the work and the costs associated with
each task.
Scope of work for this Project:
Construction Documents Phase: .........................................................................................................$21,000
II. Once the schematic plan is approved and LYF is authorized to prepare Construction Documents, we
start on defining the assemblies, materials and engineering mechanical systems for the project. The
first stage of this process is design development troubleshoots the proposed systems to assure
everything works together in the plan. This progress set will be reviewed with you and the Trustees to
provide final input before we complete the Construction Documents. Once the plans have been
reviewed and approved, we will complete the set of documents for bidding. Included in the
Construction Documents will be the following items:
1. Dimensioned Floor plans, reflected ceiling plans, interior elevations, sections and details for
assemblies, door and hardware schedules, finish schedules, plumbing, fire protection, HVAC, fire
alarm and electrical plans
2. Provide material and fixture specifications, to define the materials for the project. Fixtures will
include toilet, counter, sink and faucet, mirror, toilet accessories, flooring and wall tile, lighting
fixtures, cabinetry and appliance.
3. A project manual with bidding criteria and specification for the project.
Construction Procurement Phase: .........................................................................................................$2,500
Ill. We will provide assistance to the library to distribute the Construction Documents to General
Contractors. All questions submitted by the GC's will be answered through addenda and distributed
to all bidders. We will assist in the opening of the bids and review for completeness. We will also assist
with the Contract award if needed.
Totalproject cost....................................................................................................................................$23,500
One Elm Square,Andover,MA 01810 T 978.470.3675 www.lyf hi act.,q_�m
ON01
LAO ASSE YANOWITZ & FEYL
ARCHITECTURE + LAND PLANNING +CONSTRUCTION MANAGEMENT
PROJECT FEES
Effective: January 2022
Hourly Rates:
The following hourly rates have been established for the appropriate personnel and
are used as a basis of our cost estimate proposals.
Personnel Category Billing Rate
Principal Architect $200/hr.
Senior Architect $160/hr.
Project Architect/ Designer $145/hr.
Intern Architect / Draftsperson $120/hr.
Clerical Support $ 100/hr.
Meeting $800 *
*Municipal or State public meetings, legal expert witness services, hearing
appearances, or presentations per half day or portion thereof.
Reimbursable Expenses:
The following out of pocket expenses will be invoiced at cost plus a percentage of
coordination and handling:
1. Transportation/travel @ .60/mile
2. Long distance telephone, fax telex, or equivalent services: direct cost plus
15%
3. Postage, Federal Express, UPS, or equivalent services: direct cost plus 15%
4. Copying/Printing
Black and White Printing of design documents will be billed as
additional expenses.
• Large format (24x36) @ $4.50/page
• Small format (8.5xl 1) @ $0.40/page
Color Printing of design documents will be billed as additional
expenses.
• Large format (2436) @ $7/page
• Small format (8.5xl 1) @ $1/page
Invoices will be submitted periodically, and are due and payable upon receipt. Unpaid balances shall be
subject to an additional charge at a rate of 1.5% per month from the date of invoice if the unpaid balance is
not paid within the time noted on the invoice. Invoices will be submitted showing labor(hours worked) by labor
category and total expenses or by fee agreed upon in contract. All clients will reimburse LYF for all attorney's
fees and costs related to collection of overdue payments.
One Elm Square,Andover,MA 01810 11 978.470.3675