Designer Services RFP Medford High School Pool Renovations

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REQUEST FOR Proposals (RFP) Designer Services High School Pool Renovations CITY OF MEDFORD

Addendum #1

Notice to All Prospective Bidders: Addendum #1 RELEASED (Thursday May 10,2012) The following clarifications, answers to questions, and/or corrections are being made to the above-referenced Request for Proposals: The City of Medford answers the guestions received as follows: Q1: When A1: other years were repairs and other maintenance done to the pool? To the best of the City's knowledge, the last repairs and maintenance done to the pool were done approximately 10 ago. included in the project estimate?

Q2:

Are furnishings A2: Yes.

Q3:

What chlorination system will be required by the City? A3: The City expects that the selected designer will consult with the Health Department and any other relevant department as needed to determine the appropriate chlorination system for the pool. Could the schedule for the project be clarified. A4: The City has a desired completion date of December 31, 2012 for the project. It is anticipated that the project will required 8 months to complete from award of the aPM and design contracts to the use of the pool. The construction schedule for the renovations will be adjusted according to when the various project manager, design and construction contracts are signed.

Q4:

QS: Will the City require diving boards? If so, will the second level be renovated and will bleaches be installed? AS: The City will not have diving boards in the renovated pool.

Designer Services RFP Medford High School Pool Renovations

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Q6: Are the locker rooms and shower included in the scope of the renovation? A6: It is not planned unless required by handicapped regulation or other laws,but may be added to the scope. Q7: Are the lighting fixtures, sound system, scoreboard inctuded in the scope of the renovation? A7: Yes. The only exception may be the scoreboard, which will be reviewed by the City. Are the windows in the scope of the design and the renovations? A8: Yes. The windows are in the scope of the design and of the renovations. Q9: Can both the aPM and designer contracts be awarded to the same firm? A9: No. By law, each contract must be awarded to a separate and independent firm. Q10: Can the same firm submit qualifications for both the aPM and the desig ner? A10: Yes. But the firm may only be selected for one or the other, not both. Qll: How many copies of the responses need to be submitted? All: The City is looking for 1 original and 5 copies of the responses for a total of 6 copies. Q8:

Q12: Can the City provide the forms required in Section VII? A12: Yes. The forms are attached. Q13: Are the design and renovations limited to the 2007 DRA study or may other items be considered? A13: The 2007 DRA study will be the starting point for the scope of the renovations. If, in the opinion of the designer, other items should be included, it will be the responsibility of the designer to bring those items to the City's attention. The City can then determine whether they will be included.

Designer Services RFP Medford High School Pool Renovations

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The City of Medford issues the clarification(s) and lor correction(s):

following

additions,

1. Diversity Requirement for Designer Contract: The City has attached a City of Medford Diversity Office Contract Requirements Determination Form for the Designer Contract for the pool renovations. All design firms submitting proposals must sign the Bidder's Certification Statement. The successful firm will be required to sign the Contractor's Certification. 2. The City is requiring that the "Standard Designer Application Form for Municipalities and Public Agencies not within DSB Jurisdiction", The form can be downloaded at: http://www.mass.gov/anf/property-mgmt-and-construction/designand-construction-of-public-bldgs/designer-seiection-process/designerselection-proc-and-evals-for-municipalities/procedures-and-apps-formunicipalities, htm! 3. 4. A Specimen Contract for reference is attached to this addendum. Several firms were unable to download or could not receive through email the survey plans. The survey plans are now available on-line at the City's website in pdf format at
http://www ,medford ,org/Pages/MedfordMA Procurement/Bidsp_roposals.

Bidders are reminded that they must acknowledge receipt of any and all addenda in their Responses. The City reserves the right to reject any and all responses submitted as determined to be in the best interest of the City and to waive minor informalities. Louise Miller, Chief Procurement Officer

Designer Servlces RFP Medford High School Pool Renovations

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CERTIFICATE OF NON-COLLUSION The undersigned certifies under penalties of perjury that this proposal has been made and submitted in good faith and without collusion 01' fraud with any other person. As used in this certification, the word "person II shall mean any natural person, business, partnership, corporation, union, committee, club, or other organization, entity, or group of individuals. Dated: _ Name of Firm
01'

Corporation

Authorized Official's Signature

CERTIFICATE OF COMPLIANCE WITH STATE LAW Pursuant to M.G.L. Ch 62C, Sec. 49A, I certify under the penalties of perjury that I, to my best knowledge and belief, have paid and complied with all laws of the Commonwealth relating to taxes, reporting of employees and contractors, and withholding and remitting child support. State tax paid using Federal ID or Social Security Number _

Dated:

_ Name of Firm or Corporation

Authorized Official's Signature

Designer Services RFP Medford High School Pool Renovations

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Fill out this form if applicable only

STATEMENT OF CORPORATE AUTHORITY

1.

I hereby certify that I am the Clerk/Secretary of (insert full name of corporation)

~ __

2.

corporation, and that _---,--_-----: ----::-----:-:,---- ----:-_-:-,---__ -:-:-_,----_ (insert the name of officer who signed the contract and bonds.) is the duly elected (insert the title of the officer in line 2) _

3.

4.

of said corporation, and that on

--:-:-_:-- __ -:---,------,_----:(the date must be ON OR BEFORE the date the officer signed the contract or bonds. )

at a duly authorized meeting of the Board of Directors of said corporation, at which all the directors were present or waived notice, it was voted that 5, __

(insert name from line 2)

~-------:-:-----:-------ilie----____:_:------:-:--:--~~---(insert title from line 3)

of this corporation be and hereby is authorized to execute contracts and bonds in the name and on behalf of said corporation, and affix its Corporate Seal thereto, and such execution of any contract of obligation in this corporation's name and on its behalf, with or without the Corporate Seal, shall be valid and binding upon this corporation; and that the above vote has not been amended or rescinded and remains in full force and effect as of the date set f011hbelow. 6.ATTEST: (Signature of Clerk or Secretary)" 7.Name: (Please print 8. Date: (insert a date that is ON OR AFTER the date the officer signed the contract and bonds.) The name and signature inserted in lines 6 & 7 must be that of the Clerk or Secretary of the corporation.
01'

___

AFFIX CORPORATE SEAL HERE

----,~,____---type name in line 6)* __

City of Medford
Diversity Office Contract Requirements Determination Form Date: 5/3/2012 Project Name: High School Pool Renovations Construction:

--

Design:

i_

Goods & Services: State __

--

Funding Source (Check all that Apply); City ...;.~ __

Federal __

Department Issuing Contract: Schools Estimated Dollar Amounts: $ 200,000 Pre bid Date: May 8, 2012 Bid Opening Date: May 17,2012 (Due Date)

Date Sent to Diversity: _....:::::6::....!....>/0""-fl-/.L...1&~. __ Project Requirements: Contractor Staffing; Minority Utilization:

(with ad if applicable)

MinoritylWomen Business; % MBE & WBE Combined MBE_5_%
%

8

Women Utilization: rJ~ % Section 3 Applies (federal only) Yes: No: X If yes; New Hires & Subcontractors Hiring 30% Construction 10%

Non Construction 3% Provisions: S )q

Date returned to Purchasing with applicable EEO/M
Updated 3/2012

I

I

Iif,

\

AFFIRMATIVE ACTION/EQUAL OPPORTUNITY CONTRACT PROVISIONS

(Includes labor force & MBEIWBE requirements)
(provisions packet revised 3/07)

*If a request for reduction of MBE or WBE requirements is needed refer to the process Attachment B. Contracts will not be awarded to a contractor if the request for reduction is not made within the proper time frame.

THE CO Ml\10 NWEAL TH. OF MASSACHUSETTS CITY OF MEDFORD SUPPLEMENTAL EQUAL EMPLOYMENT OPPORTUNITY ANTI-DISCRIMINATION AND AFFIRMATIVE ACTION PROGRAM

I. For purposes ofthis contract, "minority" refers to Asian-Americans, Blacks, Spanish Surnamed Americans, North American Indians, and Cape Verdeans, "Commission" refers to the Massachusetts Commission Against Discrimination. II. During the performance of this contract, the Contractor and all of (his/her) Sub-Contraetors (hereinafter collectivelyreferred to as the Contractor), for himselfJherself, his/her assignees, and successors in Interest, agree as follows: 1. In conjunction with the performance of work under this contract, the Contractor shall not discriminate against any employee, or applicant for employment, because of race, color, religious creed, national origin, age or sex, The aforesaid provision shall include, but not be limited to, the following: employment upgrading, demetion, or transfer: recruitment advertising; recruitment layoff; termination; . rates of payor other forms of compensation; conditions or privileges of employment; and selection for apprenticeship. The Contractor shall post hereafter in conspicuous places, available for employees and applicants for employment, notices to be provided by the Commission setting fortb the provisions of the Fair Employment Practices Law of the Commonwealth (M.G.L. Chapter 151B). 2. In connection with the perfonnance of work under this contract, the Contractor shall undertake, in good faith, affirmative action measures designed to eliminate any discriminatory barriers in the terms and conditions of employment on the grounds of race, color, religious creed, national erlgln, are or sex, and to eliminate and remedy any effects of such discrimination in the past. Such affirmative action shall entail positive and aggressive measures to ensure equal' opportunity in the areas of hiring, upgrading, demotion or transfer, recruitment, layoff or termination, rate of compensation and Inservice or apprenticeship training programs. This affirmative action shall include all action required to guarantee equal employment opportunity for all persons, regardless of race, color, religious creed, national origin, age or sex. A purpose of this provision is to ensure to the fullest extent possible an adequate supply of skilled tradesmen for this and future Commonwealth public construction projects.

m

1. As part of his obligation of remedial action under the foregoing section, the Contractor shall maintain on this project a not less than 8% percent ratio oflilinority employee man hours to total man hours in each job category including, but not limited to, bricklayers, carpenters, cement masons, electricians, ironworkers, operating engineers, and those "classes of work" enumerated in Section 44C of Chapter 149 of the Massachusetts General Laws. 2. In the hiring of minority journeyman, apprentices, trainees and advanced trainees, the Contractor shall rely on referrals from a multiemployer affirmative action program approved by the Commission, traditional referral methods utilized by the construction industry, and referrals from agencies, not more than three in number at anyone time, designated by the Liaison Committee or the Commission.

IV.

1. At the discretion of the Commission there may be established for the life ofthis contract a body to be known as the Liaison Committee. The Liaison Committee shall be composed of one representative each from the agency or agencies administering this project, hereinafter called the administering agency, the Commission and such other representatives as may be designated by the Commission in conjunction with the administering agency. 2. The Contractor (or his/her agent, if any, designated by him/her as the on-site equal employment opportunity officer) shall recognize the Liaison Committee as an affirmative action body, and shall establish a continuing working relationship with the Liaison Committee, consulting with the Liaison Committee on all matters related to minority recruitment, referral, employment and training. 3. The Contractor shall prepare projected manning tables on a quarterly basis. These shall be broken down into projections, by week, or workers required in each trade. Copies shall be furnished one week in advance of the commencement of the period covered, and also when updated, to the Commission and Liaison Committee. 4. Records of employment referral orders, prepared by the Contractor, shall be made available to the Commission and to the Liaison Committee on request. 5. The Contractor shall prepare weekly reports in a form approved by the Commission of hours worked in each trade by each employee, identified as minority or non-minority. Copies of these shall be provided at the end of each such week to the Commission and to the Liaison Committee.

V.

If the Contractor shall use any sub-contractor on any work performed under this contract, he shall take affirmative action to negotiate with qualified minority sub-contractors. This affirmative action shall cover both pre-bid and post-bid periods. It shall include notification to the Office of Minority Business Assistance (within the Executive Office of Communities and Development) or its designee, while bids are in preparation, or all products, work or services for which the Contractor intends to negotiate bids.
In the employment of journeymen, apprentices, trainees and advanced trainees, the Contractor shall give preference, first, to citizens of the Commonwealth who have served in the armed forces of the United States in time of war and have been honorably discharged therefrom or released from active duty therein, and who are qualified to perform the work to which the employment relates, and, secondly, to citizens of the Commonwealth generally, and, if such cannot be obtained in sufficient numbers, then to citizens of the United States. A designee of the Commission and a designee of the Liaison Committee shall each have right of access to the construction site. Compliance with Requirements The Contractor shall comply with the provisions of Executive Order No. 74, as amended by Executive Order No. 116, dated May 1, 1975~and of Chapter 151B as amended, of the Massachusetts General Laws, both of which are herein incorporated by reference and made a part of this contract.

VI.

Vll.

VIII.

IX.

Non-Discrimination The Contractor, in the performance of all work after award, and prior to completion of the contract work, will not discriminate on grounds of race, color, religious creed, national origin, age or sex in employment practices, in the selection or retention of sub-contractors, or in the procurement of materials and rentals of equipment.

X.

Solicitations for Sub~Contracts, and for the Procurement and Equipment

of Materials

In all solicitations either by competitive bidding or negotiation made by the Contractor either for work to be performed under a sub-contract or Cor the procurement of materials or equipment, each potentia1 subcontractor or supplier shall be notified in writing by the Contractor of the

Contractor's obligations under this contract relative to nondiscrimination and affirmative action. XI. Bidders Certification Requirement 1. The bidder' certification form currently in use will be deleted from all future bid documents. 2. The following certification statement will be inserted in the bid document just above the bidder's signature, as a substitute for the present bidder certification form: "The bidder hereby certifies he shall comply with the minority manpower ratio and specific action steps contained in the appendix. EEO attached hereto, including compliance with the minority contractor compliance specified in Section V of said appendix. The contractor receiving the Award of the contract shall be required to obtain from each of its sub-contractors, and submit to the contracting or administering agency prior to the performance of any work under said contract, a certification by said sub-contractor, regardless of tier, that it will coinply with the minority manpower ratio and specific affirmative action steps contained in the appendix EEO."

xn.

Contractor's Certification 1. The Courractor's certification form must be Signedby all successful low hidder(s) prior to award by the contracting agency. (See attachment).

xm.

Compliance-Information. Reports and Sanctions 1. The Contractor will provide all information and reports required by the administering agency, or the Commission, on instructions issued by either of them and wiD permit access to its facilities and any books, records, accounts and other sources of information which may be determined by the Commission to affect the employment of personnel. This provision shall apply only to information pertinent to the Commonwealth's supplementary affirmative action contract requirements. Where information required is in the exclusive possession of another who fails or refuses to furnish this information, the Contractor shall so certify to the administering agency, or the Commission as appropriate, and shall set forth what efforts he has made to obtain the Information.

2. Whenever the administering agency, the Commission, or the Liaison Committee believes the General Contractor or any Sub-Contractor, may not be operating in compliance with the terms of this Section, The Commission directly, or through its designated agent, shall conduct an appropriate investigation, and may confer with the parties, to determine if such Contractor is operating in compliance with the terms of this Section. If the Commission, or its agent, finds the General Contractor, or any sub-contractor, not in compliance, it shall make a preliminary report on non-compliance, and notify such Contractor in writing of such steps as will, in the judgment of the Commission, or its agent, bring such Contractor into compliance. In the event that such Contractor fails or refuses to fully perform such steps, the Commission shall make a final report of non-compliance, and recommend to the administering agency the imposition of one or more of the sanctions listed below. If, however, the Commission believes the General Contractor, or any Sub-Contractor, has taken, or is taking, every possible measure to achieve compliance, it shall not make a final report of non-compliance. WithiJ1 fourteen days ofthe receipt of the recommendations of the Commission, the administering agency shall move to impose One or more of the following sanctions, as it may deem appropriate to attain full and effective enforcement: a. The recovery by the administering agency from the General Contractor of 1/100 of 1% of the contract award price or $1000, whichever sum is greater, in the' nature of liquidated damages, or, if a Sub-Contractor is in non-compliance, the recovery by the administering agency from the General Contractor, to be assessed by the General Contractor as a back charge against the Sub-Contractor, of 1110 of 1% of the sub-contract price, or $400, whichever sum is greater, in the nature of liquidated damages, for each week that such party fails or refuses to comply; b. The suspension of any payment, or part thereof, due under the contract until such time as the General Contractor, or any Sub-Contractor, is able to demonstrate his compliance with the terms of the contract;

c. The termination, or cancellation, of the contract, in whole or
in part, unless the General Contractor, or any Subcontractor, is able to demonstrate, within a specified time, his/her compliance with the terms of the contract;

d.

The denial to the General Contractor, 01' any SubContractor, of the right to participate in any future contracts awarded by the administering agency for a period of up to three years.

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3. If, at any time after the imposition of one or more of the above sanctions, a Contractor is able to demonstrate that be/she is in compliance with this Section, he may request the administering agency, in consultation with the Commission, to suspend the sanctions conditionally, pending a final determination by the Commission as to whether the Contractor is in compliance. Upon final determination of the Commission, the administering agency, based on the recommendation of the Commission, shall either lift the sanctions or reimpose them. 4. Sanctions enumerated under Sections XIlla2 shall not the administering agency except after an adjudicatory that term is used M.G.L. c. 30A, has been conducted. investigation by the Commission, or its agent, shall be without prior notice to the Contractor. be imposed by proceeding, as No initiated

XN. Severability
The provisions of this section are severable, and if any of these provlslens shall be heJd unconstitutional by any court of competent jurisdiction, the decision of such court shall not affect or impair any of the remaining provisions.

BIDDER'S CERTIFICATION

STATEMENT

"The bidder hereby certifies he shall comply with the minority manpower ratio and specific action steps contained in the appendix EEO attached hereto, including compliance with the minority contractor compliance specified in Section V of said appendix. The contractor receiving the Award of the contract shall be required to obtain from each of its sub- contractors, and submit to the contracting or administering agency prior to the performance of any work under said contract, a certification by said sub-contractor, regardless of tier, that it will comply with the minority manpower ratio and specific affirmative action steps contained in the appendix EEO."

Signature of Bidder Name of Firm Title Date

A. Contractor's Certification
A contractor will not be eligible for award of a contract unless such contractor has submitted the following certification, which is deemed a part of the resulting contract:

CONTRACTOR'S CERTIFICATION

------------------------------------------------Contractor
1.

certifies that:

he/she intends to use the following listed construction trades in the work under the contract ; and

2. will comply with the 8% minority workforce ratio and specific affirmative action steps contained herein; and 3. will obtain from each of its subcontractors and submit to the contracting 01' administering agency prior to the award of any subcontract under this contract the subcontractor certification required by these bid conditions.

(Signature of authorized representative or subcontractor)

AGREEMENT

FOR ARCHITECT/DESIGN CITY OF MEDFORD
INSERT PROJECT NAME

SERVICES

This agreement is made and entered into by and between the City of Medford (hereinafter the CITY), a municipal corporation organized and existing under the laws of the Commonwealth of Massachusetts, and ra Corporation with a principal place of business at , (hereinafter the ARCHITECT/DESIGNER) . Article 1. Description of Project
services

Architect/Designer's constructed at Article 2.

will be rendered in connection with

to be

Contract Documents Proposals/Qua lifications, , any Conditions of the ngs, specntcatlons, Affirmative ates, if applicable. All of the Contract as If attached entire and integrated atlons, representations or

The Contract Documents consist of this Agreement, any addenda, the Architect/Designer's Bid or P Contract (General, Supplementary and other Conditio Action/Equal Opportunity Contract Provisions, Minimum documents stated in the preceding sentence are fully to this Agreement or repeated herein. The Contract rep agreement between the parties hereto and supersedes prior n agreements, either written or oral.

ish all materials, labor, equipment, e ARCHITECT/DESIGNER ract documents.

and perform all agrees to do

The City shall pay the Archltect/ er for the performance of this Contract the total amount of $ ( dollars and cents) including all reimbursable expenses. This Contract will commence immediately upon execution of this Agreement, and end on or about I unless sooner completed. Architect/Designer's Compensation and fees tor Additional Services shall be negotiated and made pursuant to a fee agreement, Article 5. Payment

5.1
a)

The CITY shall make payment as follows: (Choose a, b or c and delete others), One final payment of the entire contract amount thirty days after receipt of an Invoice provided the work is then fully completed or the goods and supplies delivered and the Agreement fully performed. On a monthly basts, thirty days after receipt of an invoice for work performed or materials supplied the previous month.

b) OR

c) 5,2

Other:

(I.e. retain 10% of payment until entire project is finished).

With an Invoice the ARCHITECT/DESIGNER shall submit evidence satisfactory to the CITY that the goods or supplies have been delivered, or that the work has been completed and that all payrolls, material bills and other Indebtedness connected with the work has been paid. The fees established under this Agreement are lump sum fees and include all of the expenses for all of the ARCHITECT/DESIGNER'S Consultants, Pursuant to M.G.L./ c. 7, § 38H, paragraph (j), ARCHITECT/DESIGNER shall not be compensated for any services involved in preparing changes that are required for additional work that should have been anticipated by ARCHITECT/DESIGNER in the preparation of the bid documents, as reasonably determined by CITY, The City agrees to make all reasonable efforts to . the ARCHITECT/DESIGNER the sum set forth in the ARCHITECT/DESIGNER'S bid posal within thirty (30) days of ce of City Auditor detailing the receipt of an invoice in the Finance Departme be re and approved by the work completed. The goods and/or services r prior to being presented to funding department as well as any other services will be paid for prior to the Finance Department for payment. No g receipt of such and approval of acceptance. Subject to pending statutory app otherwise due and payable to the municipal charges may be deducted CONTRACT prior to disbursement to No Release IGNER agrees that all sums , fines, fees and/or other c.ATr~a,.'.rise payable under this NER.

5.3

5.4

5,5

5.6

JT'T'.,,.....,..

Article 6.

The approval of any Invoice by the CITY, any nt by the CITY to the ARCHITECT/DESIGNER, any use of the ARCHITECT/DESIGNER'S work or any part thereof by the CITY, or any correction of the ARCHITECT/DESIGNER'S defective work by the CITY shall not consti ITY'S acceptance of the ARCHITECT/DESIGNER'S work which Is not in accord rms of this Agreement, nor shall it constitute a release of the ARCHITE gation to perform the Project in strict compliance with all terms of this

7.1

CITY may terminate this CONTRACT on sixty (60) calendar days nd this CONTRACT for up to sixty (60) calendar days upon receipt of notice, in the best Interests of the City, by providing notice to the ARCHITECT/DESIGNER, which shall be In writing and shall be deemed delivered and received when given in person to the ARCHITECT/DESIGNER/ or when received by fax, express mail, certified mail return receipt requested, regular mail postage prepaid or delivered by any other appropriate method evidencing actual receipt by the ARCHITECT/DESIGNER. For Cause. If the ARCHITECT/DESIGNER is determined by the CITY to be in default of any term or condition of CONTRACT, the CITY may terminate this contract on thirty (30) days notice by providing notice to the ARCHITECT/DESIGNER, which shall be In writing and shall be deemed delivered and received when given in person to the ARCHITECT/DESIGNER, or when received by fax, express mail, certified mail return

7,2

receipt requested! regular mail postage prepaid or delivered by any other appropriate method evidencing actual receipt by the ARCHITECT/DESIGNER, If the CITY is determined by the ARCHITECT/DESIGNER to be In default of any term or condition of this CONTRACT the ARCHITECT/DESIGNER may terminate this contract on thirty (30) days received when given in person to the CITY, or when received by fax, express mail, certified mail return receipt requested, regular mail postage prepaid or delivered by any other appropriate method evidencing actual receipt by the CITY, 7,3 Default, The following shall constitute events of default under this CONTRACT: a) any material misrepresentation made by the ARCHITECT/DESIGNER to the CITY, b) any failure to perform any of its obligations under this CONTRACT lncl ing, but not limited to the following: (I) failure to commence performance of this CO at the time specified in this CONTRACT due to a reason or circumstance ARCHITECT/DESIGNER'S reasonable control, (ii) failure to sufficient personnel and equipment or with sufficient m of this CONTRACT within the specified time due to a rea r ARCHITECT/DESIGNER'S reasonable control, (iii) failure to perform manner reasonably satisfactory to the CITY, (lv) failure to promptly reasonable time the services that were rejected by the CITY as unsati r or erroneous, (v) discontinuance of the services for reasons not beyond the ARCHITECT/DESIGNER'S reasonable control, (vi) failure to comply with a material term of this CONTRACT, including, but not limited to, the provision of insurance and nondiscrimination, and (vii) any other acts specifically and expressly stated in this CONTRACT as constituting a basis nation of this CONTRACT, and (viii) failure to comply with any and all requireme , and/or regulations, and City ordinances, and/or regulations, Remedies Of The City

Article 8.

The CITY may deduct the cost of any su and all damages, including incidental and con non-conformance or non-performance of the jDESIGNER in complying with the terms of this CONTRACT, and shall withhold such expenses, losses, and damages from sums due to become due,

If the d by the A responsible Architect/Des have provided and cause the Article 10.

non-conformance, or non-performance, are actually sustained due to any act or omission for which the CITY is legally a sum equal to the amount of such damages sustained by the ed by the CITY in writing, provided the Architect/Designer shall ries of the contract a detailed written statement of such damages 30 days of the act of omission by the CITY. Assigna bilitv

The ARCHITECT/DESIGNER shall not assign, subcontract or in any way transfer any interest in this contract without the prior written consent of the Procurement Officer of the City. In the event of such occurrence the City reserves the right to deal with any assignee subcontractor or transferee directly and the Architect/Designer agrees to remain bound by all terms and conditions of this contract in accordance with its original tenor. The provisions of this CONTRACT shall be binding upon, and shall inure to the benefit of, the successors and assigns of the ARCHITECT/DESIGNER and any public body or bodies succeeding the interests of the CITY. Article 11. Indemnification

The ARCHITECT/DESIGNER shall assume the defense, Indemnify and hold harmless the CITY, the CITY'S agents and employees, from and against all losses and all claims, demands, payments, suits, actions, recoveries and judgments of every nature and description brought or recovered against them by reason of acts, in actions, omissions, negligence, reckless or intentional misconduct of the said ARCHITECT/DESIGNER, its agent(s), officers, employees, or subcontractors; In the execution of the work or in guarding the same, Unless otherwise provided by law, the CITY may elect to indemnify the ARCHITECT/DESIGNER for claims arising in tort if it is determined that the ARCHITECT/DESIGNER performed its obligations under this CONTRACT pursuant to the direct supervision and control of the CITY or its designated agent(s), Article 1.2. Worker's Compensation And Other Insurance

The ARCHITECT/DESIGNER shall provide by insurance for the the furnishing of other benefits under Chapter 152 of the Gene Worker's Compensation Act) to all employees of the ARCHITE the provisions of Chapter 152 of the General Laws of Massachusetts, Fail continue in force such insurance during the period of this contract shall be d breach of this contract, shall operate as an immediate termination thereof, an ARCHITECT/DESIGNER shall indemnify the CITY for all losses, claims, and actions resulting from the failure to provide the insurance required by this Article, The Architect/Designer shall furnish to the CITY evidence of such insurance prior to the execution of this contract and before the same shall be binding on the parties thereto, unless specifically waived, Prior to commencement of any work and shall maintain the following insurance CITY, giving evidence of such coverage to copy of such insurance coverage to be atta
L

of its work under this CONTRACT insurance acceptable to the tion of this CONTRACT, a

Comprehensive Automobile Liability In covering the use of all owned, nonowned and hired automobiles in conne its operations with a combined single limit of $1,000,000, The comprehensive tomobile liability Insurance may be provided through primary and excess or umbrella Insurance policies. ARCHITECT/DESIGNER'S Equipment Coverage (or a certification of self-insurance satisfactory to the CITY) must be provided on and 'All Risk' basts, covering physical damage to all tools and equipment, including automotive equipment owned, rented, or used by the ARCHITECT/DESIGNER.

2,

3, Commercial General Liability Insurance coverage may be provided through primary and excess or umbrella liability pollcles for limits of $1,000,000 general aggregate, and $500,000 per occurrence. 4.

The ARCHITECTIDESIGNER shall at its own expense, obtain and maintain a Professional Liability Policy for errors, omissions, or negligent acts arising out of the performance of this agreement with limits of at least $1,000,000 per claim and $2,000,000 aggregate, with a deductible of no more than $25,000 per claim, (Note that deductible minimum is negotiable, depending on the contract.) shall carry insurance in a sufficient amount to assure the restoration of any plans, drawings, computations, field notes, or other similar data relating to the work covered by this contract in event of loss or destruction until the final fee payment is made or all data is turned over to the CITY,

5. The ARCHITECTIDESIGNER

6. All insurance coverage shall be in force from the time of the Agreement to the date when all

work designed under the contract is completed and accepted by the CITY. Since this insurance is normally written on a year-to-year basis, the ARCHITECTJDESIGNER shall notify the CITY should coverage become unavailable 01' if its policy should change.
7. Certificates and any and all renewals substantiating that required insurance coverage be in

effect shall be delivered at the time of the execution of the Agreement and filed with the contract.
All required insurance must be endorsed to name the CITY as Addltlo Insurance shall be endorsed to waive the insurer's rights of su policies and certificate for insurance must contain language that canceled, materially changed or non-renewed without at least notice to the CITY. The ARCHITECT/DESIGNER under this subcontractors to begin work until similar Insurance has insurance approved by the ARCHITECT/DESIGNER. Article 13. Corporate Architect/Designer R shall endorse the Statement or shall otherwise provide a red. All required ainst the City. All shall not be advance written t allow it rtificates of

If ARCHITECT/DESIGNER is a corporation, ARC of Corporate Authority for the ARCHITECT/DESIGNER's s form similar in nature and substance acceptable to the C

If ARCHITECT/DESIGNER is a non-profit corporation, /DESIGNER shall provide satisfactory proof of present status as a non-profit corporation. Such proof shall be in the form of a certification from the Massa Secretary of State's office and/or from the Internal Revenue Service and shall p eral Tax Identification Number of the non-profit corporation. This agreem enforceable against the CITY unless and until the ARCHITECT/DESIGNER ction. Failure to inform the CITY in writing of revocation, or other I II be deemed a material breach of this contract and operate as an im

The obligations of the CITY under CONTRACT shall be subject to appropriation. In the absence of appropriation this CONTRACT shall be immediately terminated without liability for damages, penalties, or other charges. In the requisite Circumstances, the obligations of the CITY under this CONTRACT shall be subject to the formal award of the state and/or federal grant provided for these services. Article 15. Documents, Materials, Etc.

Any materials, reports, information, data, etc. given to or prepared or assembled by the ARCHITECT/DESIGNER under this CONTRACT are to be kept confidential and shall not be made available to any Individual or organization by the ARCHITECT/DESIGNER (except agents, servants, or employees of the ARCHITECT/DESIGNER) without the prior written approval of the CITY, except as otherwise required by law. The ARCHITECT/DESIGNER understands that he/she/it may acquire or have access to "personal data" otherwise kept by the CITY. The ARCHITECT/DESIGNER shall comply with the provisions of Chapter 66A of the General Laws of Massachusetts as it relates to public documents, and all other state and federal laws and regulations relating to confidentiality, security, privacy and use of confidential data.

Any materials produced in whole or in part under this CONTRACT shall not be subject to copyright, except by the CITY, in the United States or any other country. The CITY shall have unrestricted authority to withhold payment of any royalty, commission, or additional fee of any type or nature, to publicly disclose, reproduce, distribute and otherwise use, and authorize others to use, in whole or in part, any reports, data or other materials prepared under this CONTRACT. All data, reports, programs, software, equipment, furnishings, and any other documentation or product paid for by the CITY shall vest in the CITY at the termination of this CONTRACT. The ARCHITECT/DESIGNER shall at all times, during or after termination of this CONTRACT, obtain the prior written approval of the CITY before making any statement bearing on the work performed or data collected under this CONTRACT to the press or issue any material for publication through any medium. Article 1.6. Audit, Inspection, Recordkeepinq CITY may deem it reasonably CT/DESIGNER for the all records, contracts, mployment and other data

At any time during normal business hours, and as often necessary, there shall be made available in the office purpose of audit, examination, and/or to make exce invoices, materials, payrolls, records of personnel, relating to all matters covered by this agreement.

Further the ARCHITECT/DESIGNER agrees to make its wo rs, records and other final payment under his evidence of audit available to the CITY for a period of three CONTRACT, The CITY shall be entitled to reproduce any or all s h documents at its own expense, for which provision shall be made at such time. The ARCHITECT/DESIGNER time devoted to the PROlE subcontractor employed times audit such ..",,,.,,.,'1<. are for the design of a $100,000, the ARCHIT the ARCHITECT/DESIGN Intaln complete, accurate, and detailed records of all ITECT /DESIGNER and each consultant or CT/DESIGNER. The CITY may at all reasonable the total design fees exceed $10,000 or which geted or estimated construction cost exceeds comply with M.G.L., c. 30, § 39R, which requires

1. Make, and keep for at 6) years after final payment, books, records, and accounts which In reasonable detail accurately and fairly reflect the transactions and dispositions of the ARCHITECT/DESIGNER, [M.G.L. c. 30, § 39R(b)(1)-(2)]. 2. Until the expiration of six (6) years after final payment, the CITY and any other public official authorized by law, shall have the right to examine any books, documents, papers or records of the ARCHITECT/DESIGNER or of its consultants and subcontractors that directly pertain to, and involve transactions relating to, the ARCHITECT/DESIGNER or its consultants and subcontractors, [M,G,L. c. 30, § 39R(b)(1)-(2)~ Executive Order 195] 3. If the ARCHITECT/DESIGNER shall make any change in Its method of maintaining records that would materially affect any statements filed by the ARCHITECT/DESIGNER with the CITY, the ARCHITECT/DESIGNER shall forthwith deliver to the CITY a written description of such change, the effective date thereof, and the reasons therefor. The ARCHITECT/DESIGNER shall submit with such description a letter from the ARCHITECT/DESIGNER'S Independent certified public accountant approving or otherwise commenting on the change. [M.G,L. c. 30, § 39R(b)(3)] The ARCHITECT/DESIGNER hereby represents that there have been no such changes to date that have not been so reported to the CITY.

4. The ARCHITECT/DESIGNER shall file with the CITY a statement of management as to whether the system of internal accounting controls of the ARCHITECT/DESIGNER and its subsidiaries reasonably assures that: (1) transactions are executed In accordance with management's general and specific authorization; (2) transactions are recorded as necessary i) to permit preparation of financial statements in conformity with generally accepted accounting principles, and ll) 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. The ARCHITECT/DESIGNER shall also file with the CITY a statement prepared and signed by an independent certified public accountant, stating that the accountant has examined the statement of management on internal accounting controls, and expressing an opinion as to (1) whether the representations of management in response to this section are consistent with the result of management's evaluation of the system of internal accounting controls; and (2) whether such representations of management are, in addition, reasonable with re transactions and assets in amounts which would be material when measured ion to the applicant's financial statements. [M.G.L. c. 30, §39R(c)]. The ARCH /D NER warrants and represents that ARCHITECT/DESIGNER ha of management on internal accounting controls as set forth in to the execution hereof. [M.G.L. c. 7, §38H(e)(iv)] 5. The ARCHITECT/DESIGNER shall annually file wit mmissioner of DCAM during the term of this Contract a financial statement prepa n independent certified public accountant on the basis of an audit by such accou nt. The final statement flied shall include the date of final payment. All statements shall be accompanied by an accountant's report. Such statements shall be made available to the CITY upon request. [M.G.L. c. 30, §39R(d)] The ARCHITECT/DESIGNER represents that it has filed prior to the execution hereof and will continue to file annually, an audited financial statement for the most recent completed fiscal year as set forth in this section. [M.G.L. c. 7, §38H(e)(lv)] 6. Records and statements required to be made, kept or filed under the provisions of this Article sh public records as defined in M.G.L. c. 4, § 7 and shall not be open to public , however, that such records and statements shall be made avai e provisions of section 2 of Article 17 above.

In accordance be kept of all indi are applicable.

usetts General Law c. 149, s. 276, a true and accurate record must employed on a public works project for which prevailing wage rates

In addition, every Architect/Designer and subcontractor Is required to submit, on a weekly basis, a copy of their weekly payroll records to the awarding authority. Once collected, the awarding authority is also required to preserve those records for three years. The project to which the construction work covered by this contract pertains is being assisted by the United States of America and the attached Federal Labor Standards Provisions are included in this contract pursuant to the provisions applicable to such Federal assistance. Article 1. 8. Conflict Of Interest

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CITY. No officer, member or employee of the CITY and no members of its governing body who exercise any function or responsibility in review or approval of the undertaking or carrying out of this CONTRACT shall participate in any decision relating to the CONTRACT which affects his/her personal Interests or the interest of any corporation, partnership, or association in which he/she has a direct or indirect pecuniary interest. None of the services to be provided by the ARCHITECT/DESIGNER shall be used for any partisan political activity or further the election or defeat of any candidate for political office in the CITY. Compliance with this section shall be material to the CONTRACT. ARCHITECT/DESIGNER. ARCHITECT/DESIGNER agrees that h Its agents! servants, and employees have neither presently nor during the of this CONTRACT any interest direct or indirect which would impair, ct, or conflict in any manner or degree with the performance of services require this CONTRACT. The ARCHITECT/DESIGNER, his/her/its agents! servants es further stipulates that in the performance of this CONTRACT, will comply General Law, Chapter 268A and/or 268B, Conflict of Interest, a all rules ulations of the State Ethics Commission. Compliance with this section shall be al to the CONTRACT. Conflict A, Attachment A shall

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Article 19.

In the event there is a conflict between these Articles and Attachment supersede these Articles. Article 20. Waiver And Amendment

The provisions contained in this CONTRACT ATTACHMENT B " ADDITIONAL TERMS AND additional term, condition, covenant, duty or made only by written amendment executed by to the effective date of the amendment.

ifled only as specifically provided by ONS. Amendments, or waivers of any n contained in this CONTRACT may be ignatories to the original agreement, prior

To the extent allowed by law, all conditions, duties, and obligations contained in this CONTRACT may only by written agreement by both parties. n any form or manner by a party shall not be construed as a it the legal or equitable remedies available to that party. No default or breach shall constitute a waiver of any subsequent or different matter.

BY SIGNING THIS D MENT, IN WITNESS WHEREOF! THE ARCHITECT/DESIGNER CERTIFIES, UNDER THE PAINS AND PENALTIES OF PERJURY,THAT THE ARCHITECT/DESIGNER IS IN COMPLIANCE WITH EACH OF THE FOLLOWING: 1. TAXES, PURSUANT to M.G.L. c. 62C, s. 49A, the ARCHITECT/DESIGNER has filed all state tax returns and complied with all laws of the Commonwealth relating to taxes. 2. DEBARMENT. The ARCHITECT/DESIGNER is not currently debarred or suspended by the Commonwealth of Massachusetts, or any of its entities or subdivisions. 3. AMERICANS WITH DISABILITIES ACT. The ARCHITECT/DESIGNER is aware of the Americans with Disabilities Act which prohibits discrimination based upon disability and

shall meet any relevant standards, and/or conditions set out in the bid/proposal documents, bld/proposa I specifications. 4. Pursuant to M.G.L. Chapter 30, section 39M, subsection (c), the Architect/Designer certifies that he Is able to furnish labor that can work in harmony with all other elements of labor employed or to be employed in the work hereby described. 5, Pursuant to M,G.L. Chapter 30, section 39M as amended In Chapter 306 of the Acts of 2004, that all employees to be employed at the worksite will have successfully completed a course In construction safety and health approved by the United State Occupational Safety and Health Administration that Is at least 10 rs in duration at the time the employee begins work and who shall furnish docu n of successful completion of said course with the first certified payroll repo employee, Article 22. Non-CollusIon

The ARCHITECT/DESIGNER certifies under penalties of perjury this is signed and submitted In good faith and without collusion or fraud with any other pe As used In this certification, the word "person" shall mean any natural person, business, p nershlp, corporation, union, committee, club, or other organization, entity, or group of individuals. Article 23. Forum And Choice Of Law II be governed by and be construed in all proceedings or actions relating to courts of the Commonwealth or all have exclusive jurisdiction it any other legal rights of the parties,

This CONTRACT and any performance h accordance with the laws of Commonwea subject matter herein shall be brought an the federal district court sitting in the Co thereof. This paragraph shall not be constru Article. 24. Notice

All notices required to be given under this Ag nt shall be given In writing and shall be effective upon receipt by hand delivery or certified mail to: The City: curement Officer City Hall e p, Hassett Drive MA 02155

The DESIGNE

Article 25:

Asbestos Removal

Without in any way limiting the ARCHITECT/DESIGNER's liability for any other negligent performance or failure to perform professional services, the ARCHITECT/DESIGNER shall Incur no liability for claims arising out of the performance of or failure to perform professional services related to asbestos, except that the ARCHITECT/DESIGNER shall promptly notify the CITY of any asbestos the ARCHITECT/DESIGNER observes that may affect the PROJECT, The ARCHITECT/DESIGNER shall include in the contract documents specific

provisions requiring the Architect/Designer to include the time required for the asbestos abatement work in the PROJECTschedule, to organize its own work in such a way that It will not conflict with concurrent asbestos abatement work, and to coordinate all of the work at the site (including the asbestos abatement work), so as to minimize disruption and delay. The ARCHITECT/DESIGNER shall enforce the foregoing requirements, utilizing such authority as It may have under the contract documents. The ARCHITECT/DESIGNER shall confer with the asbestos abatement consultant to ascertain that similar and consistent requirements are being included in contract documents prepared by the consultant. The ARCHITECT/DESIGNER shall also be responsible for providing to any asbestos abatement engineer and any asbestos abatement Architect/Designer, contract documents and plans which precisely indicate the scope of the renovations and additions to the bulldl . The CITY hereby agrees to bring no claim for negligence, breach of contract, in or otherwise against the ARCHITECT/DESIGNER, his principals, employees, nd consultants if such claim in any way would involve the ARCHITECTjDESIG es for remedial work related to asbestos in the PROJECTunless otherwise agreed to Article 26: Life-Cycle Cost Estimates 26.1 All contracts for architectural or engineering services necessary for the Iminary design of all new buildings or for the modification or replacement of an energy system in an existing building entered into by a public awarding authority subject to the bidding requirements of Sections 44A to 44L inclusive, of M.G.L. c. 149, shall contain a stipulation that life-cycle cost estimates shall be obtained at an initial stage and as a regular part of the services to be performed under said contract. M.G,L. c. 149, § 44M defines "energy system" as: "any equipment that is employed to heat or cool a building, or to heat hot water used in a building, or to generate electricity for a building and that uses the sun, wind, water, biomass, oil, natural gas, or electricity as its power su pply in n part."

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No changes are to be prior written notification CITY. 27.1

time during the life of this Contract without and when required, receipt of written approval by the

By signing this Contract, the ARCHITECT/DESIGNER under the penalties of perjury that the following named entities and individuals are the legal and beneficial owners of the ARCHITECT JDESIGNER as of the date of the execution hereof [M.G.L. c. 7, §38E(a)](attach additional sheets if necessary): CORPORATION: (Names of Officers and Shareholders of Corporation, including their titles,

PARTNERSHIP: (Names of all Partners):

INDIVIDUAL (Name of Owner):

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Professional Registrations. By signing this Contract, the Individual executing this Contract on behalf of the ARCHITECT/DESIGNER certifies under the penalties of perjury that the following named individuals are registered by the Commonwealth as architects, landscape architects, or engineers pursuant to the provisions of General Laws Chapter 112, §§ 60A - 600 and further that i) if the ARCHITECT JDESIGNER is an Individual the ARCHITECT JDESIGNER is the individual named below, ii) if the ARCHITECT JDESIGNER is a partnership, the majority of all the partners are persons who are registered architects, landscape architects, or engineers, Iii) if the ARCHITECT JDESIGNER Is a corporation, sole proprietorship or joint stock company or other entity, the majority of the directors or a majority of the stock ownership and the chief executive officer, are persons who are registe . hitects, landscape architects, or engineers and the person to have the Project in h r charge is registered in the discipline required for the Project, or iv) If the DESIGNER is a joint venture, each joint venturer satisfies the requ preceding clauses I - iii as the case may be. [M.G.L. c. 7, §38E(a)(i)J Name Mass. Registration

NOTE: The above Info §38A 1/2. Programmers 1/2.] ARCHITECT/DESIGNER ARCHITECT/DESIGNER

must be completed to comply with the provisions of M.G.L. c. 7, etion managers are not required to be registered under §38A

warrants that the Massachusetts registered principal of the responsible for the project is:

Article 28. Certifications Required Bv Law 28.1 Resume on File with Designer Selection Board. By signing this Contract, the ARCHITECT JDESIGNER certifies under the penalties of perjury that in accordance with the provisions of M.G.L. c. 29, § 29A (4) a resume of the ARCHITECT JDESIGNER has been flied with the Designer Selection Board. No Inducements. By signing this Contract, the ARCHITECT JDESIGNER certifies under the penalties of perjury that the ARCHITECT JDESIGNER has not given, offered or agreed to give any person, corporation, or other entity any gift, contribution or offer of

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employment as an inducement for, or in connection with, the award of the Contract for design services: no consultant to or subcontractor for the ARCHITECT/DESIGNER has given, offered or agreed to give any gift, contribution or offer of employment to the ARCHITECT/DESIGNER, or to any other person, corporation, or entity as an inducement for, or in connection with, the award to the consultant or subcontractor of a contract by the ARCHITECT /DESIGNER~ and no person, corporation or other entity, other than a bona fide full-time employee of the ARCHITECT/DESIGNER has been retained or hired by the ARCHITECT/DESIGNER to solicit for or in any way assist the ARCHITECT/DESIGNER In obtaining the Contract for design services upon an Contract 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 ARCHITECT/DESIGNER. [M.G,L. c. 7, §. 38H(e)(i)-(iil)] 28.3 Existing Government Contracts. By signing this Contract, the ARCHITECT/DESIGNER certifies under the penalties of perjury that the following is a listing of all other existing contracts or Income derived by ARCHITECT/DESIGNER from the Commonwealth or any political subdivision thereof or public authority therein, from deral Government or any agency thereof, and from the CITY or any governmental for services rendered. [M.G.L. c. 7, § 38E(a)(v)] : Present Status % DesignjConstruction Total Fee Anticipated

Contract Description & Awarding Authority

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By signing this Contract, the NER certifies under the penalties of perjury that, if the IGNER is a corporation, the Corporation has filed with the State of Secretary all rtificates and annual reports required by M.G.L c. 156B, §109 (Business Corporation), by M,G,L c. 181, §4 (Foreign Corporation), or by M.G.L. c. 180, §26A (NonProfit Corporation), Debarment; Suspension. By signing this Contract, the ARCHITECT/DESIGNER certifies under the penalties of perjury that the ARCHITECT/DESIGNER is not currently debarred or suspended by the Commonwealth of Massachusetts, or any if its entIties or subdivisions under any Commonwealth law or regulation, including but not limited to M,G,L. c. 29, § 29F and M.G.L. c. 152, § 25C and that it Is not currently debarred or suspended by the Federal Government under any federal law or regulation.

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