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Home My WebLink AboutContract #: 1716 - From: 03-21-2024 To: 01-31-2026 - Machado and Silvetti - Town Manager CONTRACT FOR DESIGNER SERVICES BASE CONTRACT FOR DESIGN BID BUILD OR CM at RISK PROJECT) This Contract is made as of this 18 day of March in the year 2024 between (day) (month) (Year) the Town of North Andover 120 Main Street (Owner) (street) North Andover Massachusetts , 01845 (City) (State) (Zip Code) hereinafter called"the Owner" and Machado and Silvetti Associates,LLC (Desio er) 560 Harrison Ave,Suite 301 Boston Massachusetts , 02118 (street) (city) (State) (Zip Code) hereinafter called the"Designer"for the Designer to provide the designer services required to complete the Basic and Extra Services described herein at Kittredge Elementary School Project (name/description of Project) The Designer is authorized to perform the services required by this Contract through the Feasibility Study Phase and,pending receipt of a written Approval to proceed from the Owner,through the Schematic Design Phase. At the Owner's option, the Designer may be authorized to perform services for subsequent design phases and/or the Construction Phases and Completion Phase, at which time a mutually agreed upon amendment to this Contract will be executed between the Owner and the Designer. If the Owner elects to construct the Project using the CM at Risk ("CM-R") construction delivery method pursuant to M.G.L. c. 149A, this Contract shall be amended using the Authority's Standard Amendment for CM-R, as it may be amended from time to time by the Authority. If the Owner elects to construct the Project using the Design- Bid-Build("DBB")construction delivery method pursuant to M.G.L. c. 149,this Contract shall be amended using the Authority's Standard Amendment for DBB, as it may be amended from time to time by the Authority. For the performance of the services required under this Contract for the Feasibility Study Phase and the Schematic Design Phase, and excluding those services specified under Articles 7.5, 7.6, 7.7, 7.8, 7.9, 7.10, and 8.3,the Designer shall be compensated by the Owner for Basic Services in accordance with the Payment Schedule included as Attachment A. Designer's Project Architect/Engineer: Jeffry Burchard,AIA The Subconsultants to provide services, either as Basic or Extra Services, to the Designer under this contract may include the following,as identified on the RFS: Name of Firm Name of Principal MBE/ P WBE Civil Engineering Samiotes Consultants Stevphen R. Garvin WBE Landscape Architecture Studio 2112 Lynne Giesecke WBE Structural Engineering RSE Associates Jennifer McClain MBE Fire Protection Engineering GGD Consulting Eng. Christopher Garcia Plumbing Engineering GGD Consulting Eng. Christopher Garcia RVAC Engineering GGD Consulting Eng. Dominick Puniello Electrical/Lighting/ GGD Consulting Eng. David Pereira Data/Communications GGD Consulting Eng. David Pereira MSBA Designer Services Base Contract for both DBB&CM-R Projects v. 1.20.2022 Page 1 Environmental Permitting Samiotes Consultants Michelle Ka serman WBE Geotechnical Engineering Lahlaf Geotechnical Abdelmadjid Lahlaf MBE Hazardous Materials Smitth and Wessel Glenn Nelson Cost Estimating PM & C Peter Bradley Kitchen/Food Service Consultant Crabtree McGrath John Sousa Laboratory Consultant N/A Acoustical Consultant Cavanaugh Tocci Lincoln Berry Specifications Consultant Kalin Associates Mark Kalin Library/Media/Audio Visual Consultant Edvance Tech Design Douglas Faria Technology Consultant Edvance Tech Design Douglas Faria Theatrical Consultant N/A Sustainable/Green Design/Renewable Energy Consultant Thorton Tomasetti Vamshi Gooje Code Consultant Hastings Consulting Kevin Hastings Accessibility Consultant KMA Josh Safdie MBE Traffic Consultant Brennan Consulting Christopher Emilius WBE Furniture,Fixtures and Equipment Consultant Stefura Associates Marcy Stefura WBE Site Surveying Samiotes Consultants Daniel Fleming WBE Security Consultant Pamela Perini Consulting Pamela Perini BE IN WITNESS WHEREOF, the Owner and the Designer hereby agree to the terms of the Contract and have caused this Contract to be executed by their respective authorized officers or other authorized representatives. OWNER �W �(print n )7 e) By (si nature) Date ,o1117� DESIGNER Jeffry Burchard,AIA (print name) Principal,Machado Silvetti By (p' tits) �u�3`1.QiZG� Date arc 1�T, 2024 MSBA Designer Services Base Contract for both DBB& CM-R Projects v. 1.20.2022 Page 2 ATTACHMENT A PAYMENT SCHEDULE Payments shall be made in accordance with the provisions outlined in the Contract and with the following schedule: Basic Services Feasibility Study Phase................................................................................................$274,000 Schematic Design Phase..............................................................................................$226,000 DesignDevelopment Phase........................................................................................................ Construction Documents Phase.................................................................................................. EarlyBid Packages..................................................................................... BiddingPhase.............................................................................................................................. Construction Administration Phase............................................................................................ CompletionPhase....................................................................................................................... TOTAL......................................................................................................................$500,000(Lump Sum) To Be Billed Monthly based on % Complete of Each Phase Extra Services Extra Services provided pursuant to Article 8 shall be compensated as determined by the Owner(a)by a lump sum fee agreed upon in advance in writing by the Owner and the Designer,or(b)on an hourly basis in accordance with the rate schedule set forth below for time expended,up to a not to exceed amount. Hourly Rates: Principal $325/hr Project Director $250/hr Project Manager $200/hr Project Architect $185/hr Senior Designer $150/hr Intermediate Designer S 125/hr Junior Designer $115/hr Intern $90/hr Model Builder $90/hr Administrator $125/hr ATTACHMENT A PAYMENT SCHEDULE MACHADO SILVETTI Architecture and Urban Design ATTACHMENT D Payment Schedule PHASE MONTH AMOUNT %OF PHASE COMPLETE Mod 3—Feasibility April 2024 $25,000 9.12% May 2024 $25,000 18.24% June 2024 $25,000 27.36% July 2024 $25,000 36.48% August 2024 $25,000 45.60% September 2024 $25,000 54.72% October 2024 $25,000 63.84% November 2024 $25,000 72.96% December 2024 $25,000 82.08% January 2025 $25,000 91.20% February 2025 $24,000 100.00% PHASE TOTAL $274,000 Mode 4-Schematic May 2025 $28,250 12.5% June 2025 $28,250 25.0% July 2025 $28,250 37.5% August 2025 $28,250 50.0% September 2025 $28,250 62.5% October 2025 $28,250 75.0% November 2025 $28,250 87.5% December 2025 $28,250 100.0% PHASE TOTAL $226,000 Machado and Silvetti Associates, LLC 560 Harrison Avenue, Suite 301 Boston, Massachusetts 02118 T (617) 426.7070 F (617) 426.3604 www.machado-silvetti.com ATTACHMENT C PARTICIPATION SCHEDULE FOR DESIGNER CONTRACTS BY SDO CERTIFIED MINORITYMOMEN BUSINESS ENTERPRISES This form shall be submitted to the Owner by the Designer upon execution of the Contract for Designer Services attached hereto. Owner Town of North Andover Project No: 202102110015 Name of Company Description of Work M/WBE Dollar Value Participation 1.Samiotes Consulting Civil Engineering&Enviro Permit WBE $26,500 2.Studio 2112 Landscape Architecture WBE $25,000 3. RSE Associates Structural Engineering MBE $ 12,500 4 Lahlaf Geotech Consulting Geotechnical Engineering MBE $5,000 5. FS Engineers GeoEnvironmental Eng. MBE $5,000 6. KMA Accessibility Consultant MBE $5,000 7. Brennan Consulting Traffic WBE $ 10,000 8.Stefura Associates FF&E WBE $ 7,500 g. Pamela Perini Cons. Security WBE $5,000 Dollar Value of MBE Commitment: $ 27,500 Dollar Value of WBE Commitment: $ 74,000 Total Dollar Value Commitment: $ 102,500 Original Fee for Basic Services Amount $ $500,000 DESIGNER CERTIFICATION The undersigned certifies under the penalties of perjury that(1)it intends to subcontract with the above listed firms for the identified work and dollar amounts and (2)certifies that he/she has read the terms and conditions of the Designer Contract with regards to MBE/WBE participation and is authorized to bind the Designer to the commitment set forth above. March 18, 2024 Jeffry Burchard, AIA Date Narne of Archite9ttEngin r Authorized Signature 560 Harrison Ave, Suite 301 Address ATTACHMENT C Boston, MA 02118 City,State&Zip Code MACHADO SILVETTI Architecture and Urban Design ATTACHMENT D March 14, 2024 Town of North Andover 120 Main Street North Andover, MA 01845 RE: Kittredge Elementary School To Whom It May Concern, This Statement of Internal Accounting Controls is being submitted in accordance with Article 17.5.3 of the Contract for Design Services for the above captioned project. Please be advised that our firm, the Designer under the Contract, has a system of internal accounting controls which assures that: 1. transactions are executed in accordance with management's general and specific authorization; 2. transactions are recorded as necessary, to permit preparation of financial statements in conformity with generally accepted accounting principles, and to maintain accountability for assets; 3. access to assets is permitted only in accordance with management's general or specific authorization; and 4. the recorded accountability for assets is compared with the existing assets at reasonable intervals and appropriate action was taken with respect to any difference. Sincerely, Jeffry ha , AIA Principal 11 Macha ilvetti Machado and Silvetti Associates, LLC 560 Harrison Avenue, Suite 301 Boston, Massachusetts 02118 T (617) 426.7070 F (617) 426.3604 www.machado-silvetti.com 0r ,a THIE POWER OF MORE March 19, 2024 Town of North Andover 120 Main Street North Andover, MA,01845 RE: Kittredge Elementary School To Whom It May Concern: Please be advised that we have read the Statement of Internal Accounting Controls prepared by Machado and Silvetti Associates, LLC in connection with the above-captioned project. This statement is required under M.G.L. c.30§39R. We were engaged as Machado and Silvetti Associates LLC's independent accountants to review the company's financial statements for the year ended December 31, 2019. Our review was conducted in accordance with Statements on Standards for Accounting and Review Services issued by the American Institute of Certified Public Accountants. No matters came to our attention during our review procedures for the year ended December 31, 2019 that would indicate that Machado and Silvetti Associates, LLC did not have internal controls over its financial reporting or that Machado and Silvetti Associates, LLC was not adhering to those internal controls. In addition, no matters came to our attention that would indicate that Machado and Silvetti Associates, LLC's internal controls were not reasonable, with respect to transactions and assets in the amount which would be material in relation to the company's financial statements, based on the information provided to us for the purpose of our financial statement review engagement. We were also engaged to complete the IRS Form 1120 income tax return filings for Machado and Silvetti Associates, LLC for the tax year ended December 31, 2022.The tax returns were completed and timely filed for tax year 2022, filed with the IRS and the various states that Machado and Silvetti Associates, LLC operates in. Very truly yours, Gray, Gray&Gray, LLP Kevin Howley, CPA Partner Gray,G'ray&(, rr 4y,LL1::' - ggg I I hW.Ci:�In 1B L'V110�300 :K1 Ri:)yall Sbrer+ ,SuIte I D2,CanB on,IAAfly 2021