addendum1 designer pool -medford

7/31/2019 Addendum1 Designer Pool -Medford

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Designer Services RFPMedford High School Pool Renovations page 1 of 5

REQUESTFOR Proposals (RFP)Designer Services

High School Pool RenovationsCITY OFMEDFORDAddendum #1

Notice to All Prospective Bidders:Addendum #1 RELEASED (Thursday May 10,2012)

The following clarifications, answers to questions, and/or correctionsare being made to the above-referenced Request for Proposals:The City of Medford answers the guestions received as follows:Q1: When were repairs and other maintenance done to the pool?A1: To the best of the City's knowledge, the last repairs andother maintenance done to the pool were done approximately 10years ago.Q2: Are furnishings included in the project estimate?A2: Yes.Q3: What chlorination system will be required by the City?

A3: The City expects that the selected designer will consultwith the Health Department and any other relevant departmentas needed to determine the appropriate chlorination system forthe pool.Q4: 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 willrequired 8 months to complete from award of the aPM anddesign contracts to the use of the pool. The constructionschedule for the renovations will be adjusted according to when

the various project manager, design and construction contractsare signed.QS: Will the City require diving boards? If so, will the second levelbe renovated and will bleaches be installed?AS: The City will not have diving boards in the renovated pool.


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Q6: Are the locker rooms and shower included in the scope of therenovation?A6: It is not planned unless required by handicappedregulation or other laws,but may be added to the scope.Q7: Are the lighting fixtures, sound system, scoreboard inctuded inthe scope of the renovation?A7: Yes. The only exception may be the scoreboard, which willbe reviewed by the City.Q8: Are the windows in the scope of the design and the renovations?A8: Yes. The windows are in the scope of the design and ofthe renovations.Q9: Can both the aPM and designer contracts be awarded to thesame firm?A9: No. By law, each contract must be awarded to a separateand independent firm.Q10: Can the same firm submit qualifications for both the aPM andthe desig ner?A10: Yes. But the firm may only be selected for one or theother, 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.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 ormay other items be considered?A13: The 2007 DRA study will be the starting point for the scopeof the renovations. If, in the opinion of the designer, other itemsshould be included, it will be the responsibility of the designer to bringthose items to the City's attention. The City can then determinewhether they will be included.


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The City of Medford issues the following additions,clarification(s) and lor correction(s):1. Diversity Requirement for Designer Contract:The City has attached a City of Medford Diversity Office ContractRequirements Determination Form for the Designer Contract for thepool renovations. All design firms submitting proposals must sign theBidder's Certification Statement. The successful firm will be requiredto sign the Contractor's Certification.2. The City is requiring that the "Standard Designer Application Formfor Municipalities and Public Agencies not within DSBJurisdiction",The form can be downloaded at:http://www.mass.gov/anf/property-mgmt-and-construction/design-and-construction-of-public-bldgs/designer-seiection-process/designer-selection-proc-and-evals-for-municipalities/procedures-and-apps-for-municipalities, htm!3. A Specimen Contract for reference is attached to this addendum.4. Several firms were unable to download or could not receivethrough email the survey plans. The survey plans are nowavailable on-line at the City's website in pdf format athttp://www ,medford ,org/Pages/MedfordMA Procurement/Bidsp_roposals.

Bidders are reminded that they must acknowledge receipt of any andall addenda in their Responses.The City reserves the right to reject any and all responses submittedas determined to be in the best interest of the City and to waive minorinformalities.

Louise Miller, Chief Procurement Officer


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Designer Servlces RFPMedford High School Pool Renovations page 4 of 5

CERTIFICATE OF NON-COLLUSION

The undersigned certifies under penalties of perjury that this proposal has beenmade and submitted in good faith and without collusion 01' fraud with any otherperson. As used in this certification, the word "person IIshall mean any naturalperson, business, partnership, corporation, union, committee, club, or otherorganization, 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 theCommonwealth relating to taxes, reporting of employees and contractors, andwithholding and remitting child support. State tax paid using Federal ID or SocialSecurity Number _

Dated: _Name ofFirm or Corporation

Authorized Official's Signature


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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.)3. is the duly elected _

(insert the title of the officer in line 2)

(Signature of Clerk or Secretary)"AFFIX CORPORATESEAL HERE

4. of said corporation, and that on --:-:-_:-- __ -:- ---,------,_----:-(the date must be ON OR BEFORE the date theofficer signed the contract or bonds. )

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

5, __ ~-------:-:-----:-------ilie----____:_:------:-:--:--~~----(insert name from line 2) (insert title from line 3)of this corporation be and hereby is authorized to execute contracts and bonds in thename and on behalf of said corporation, and affix its Corporate Seal thereto, and suchexecution of any contract of obligation in this corporation's name and on its behalf, withor without the Corporate Seal, shall be valid and binding upon this corporation; and thatthe above vote has not been amended or rescinded and remains in full force and effect asof the date set f011hbelow.

6.ATTEST: ___

8. Date: __(insert a date that is ON OR AFTER the date theofficer signed the contract and bonds.)

7.Name: ----,~,____----(Please print 01' type name in line 6)*

The name and signature inserted in lines 6 & 7 must be that of the Clerk or Secretary ofthe corporation.


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City of MedfordDiversity Office

Contract Requirements Determination FormDate: 5/3/2012Project Name: High School Pool RenovationsConstruction: -- Design: i_ Goods & Services:--Funding Source (Check all that Apply); City ...;.~_ State __ Federal __Department Issuing Contract: SchoolsEstimated Dollar Amounts: $ 200,000Pre bid Date: May 8, 2012 Bid Opening Date: May 17,2012 (Due Date)

Date Sent to Diversity: _ . . . . : : : : : 6 : : . . . . ! . . . . > / 0 " " - f l - / . L . . . 1&~ . _ _ (with ad if applicable)Project Requirements:Contractor Staffing;Minority Utilization: 8 %Women Utilization: rJ ~ %

MinoritylWomen Business;MBE & WBE Combined %MBE_5_%

Section 3 Applies (federal only)Yes: No: XIf yes;New Hires & SubcontractorsHiring 30% Construction 10% Non Construction 3%

) IDate returned to Purchasing with applicable EEO/M Provisions: S q I Iif,Updated 3/2012


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AFFIRMATIVE ACTION/EQUAL OPPORTUNITYCONTRACT PROVISIONS

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

*If a request for reduction of MBE or WBE requirements isneeded refer to the process Attachment B. Contracts will not beawarded to a contractor i f the request for reduction is not madewithin the proper time frame.

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1. In conjunction with the performance of work under this contract, theContractor shall not discriminate against any employee, or applicantfor employment, because of race, color, religious creed, nationalorigin, age or sex, The aforesaid provision shall include, but not belimited to, the following: employment upgrading, demetion, ortransfer: recruitment advertising; recruitment layoff; termination;. rates of payor other forms of compensation; conditions or privilegesof employment; and selectionfor apprenticeship. The Contractorshall post hereafter in conspicuous places, available for employees andapplicants for employment, notices to be provided by the Commissionsetting fortb the provisions ofthe Fair Employment Practices Law ofthe Commonwealth (M.G.L. Chapter 151B) .

TH E CO M l\10 NWEA L TH . O F M ASSA CH USETTSC ITY OF M ED FORDSUPPLEM ENTAL EQUAL EM PLOYM ENT OPPORTUNITY

ANTI-D ISCR IM INATION AND AFFIRM ATIVE 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 AgainstDiscrimination.II. During the performance of this contract, the Contractor and all of (his/her)Sub-Contraetors (hereinafter collectivelyreferred to as the Contractor), forhimselfJherself, his/her assignees, and successors in Interest, agree as follows:

2. In connection with the perfonnance of work under this contract, theContractor shall undertake, in good faith, affirmative action measuresdesigned to eliminate any discriminatory barriers in the terms andconditions of employment on the grounds of race, color, religiouscreed, national erlgln, are or sex, and to eliminate and remedy anyeffects of such discrimination in the past. Such affirmative actionshall entail positive and aggressivemeasures to ensure equal'opportunity in the areas ofhiring, upgrading, demotion or transfer,recruitment, layoff or termination, rate of compensation and In-service or apprenticeship training programs. This affirmative actionshall include all action required to guarantee equal employmentopportunity for all persons, regardless of race, color, religious creed,national origin, age or sex. A purpose of this provision is to ensure tothe fullest extent possible an adequate supply of skilled tradesmen forthis and future Commonwealth public construction projects.


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2. In the hiring ofminority journeyman, apprentices, trainees andadvanced trainees, the Contractor shall rely on referrals from a multi-employer affirmative action program approved by the Commission,traditional referral methods utilized by the construction industry, andreferrals from agencies, not more than three in number at anyonetime, designated by the Liaison Committee or the Commission.

m 1. As part of his obligation of remedial action under the foregoingsection, the Contractor shall maintain on this project a not less than8% percent ratio oflilinority employee man hours to total manhours in each job category including, but not limited to, bricklayers,carpenters, cement masons, electricians, ironworkers, operatingengineers, and those "classes ofwork" enumerated in Section 44C ofChapter 149 of the Massachusetts General Laws.

IV. 1. At the discretion of the Commission there may be established for thelife ofthis contract a body to be known as the Liaison Committee.The Liaison Committee shall be composed of one representative eachfrom the agency or agencies administering this project, hereinaftercalled the administering agency, the Commission and such otherrepresentatives as may be designated by the Commission inconjunction with the administering agency.2. The Contractor (or his/her agent, ifany, designated by him/her as theon-site equal employment opportunity officer) shall recognize theLiaison Committee as an affirmative action body, and shall establish acontinuing working relationship with the Liaison Committee,consultingwith the Liaison Committee on all matters related tominority recruitment, referral, employment and training.3. The Contractor shall prepare projected manning tables on aquarterly basis. These shall be broken down into projections, byweek, or workers required in each trade. Copies shall be furnishedone week in advance ofthe commencement of the period covered, andalsowhen 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 LiaisonCommittee on request.5. The Contractor shall prepare weekly reports in a form approved bythe Commission ofhours worked in each trade by each employee,identified as minority or non-minority. Copies of these shall beprovided at the end of each such week to the Commission and to theLiaison Committee.


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The Contractor shall comply with the provisions of Executive Order No.74, as amended by Executive Order No. 116, dated May 1, 1975~and ofChapter 151B as amended, of the Massachusetts General Laws, both ofwhich are herein incorporated by reference and made a part of thiscontract.

V. Ifthe Contractor shall use any sub-contractor on any work performedunder this contract, he shall take affirmative action to negotiate withqualified minority sub-contractors. This affirmative action shall coverboth pre-bid and post-bid periods. Itshall include notification to theOffice of Minority Business Assistance (within the Executive Office ofCommunities and Development) or its designee, while bids are inpreparation, or all products, work or services for which the Contractorintends to negotiate bids.

VI. In the employment of journeymen, apprentices, trainees and advancedtrainees, the Contractor shall give preference, first, to citizens of theCommonwealth who have served in the armed forces of the United Statesin time of war and have been honorably discharged therefrom or releasedfrom active duty therein, and who are qualified to perform the work towhich the employment relates, and, secondly, to citizens of theCommonwealth generally, and, if such cannot be obtained in sufficientnumbers, then to citizens of the United States.

Vll. A designee of the Commission and a designee of the Liaison Committeeshall each have right of access to the construction site.

VIII. Compliance with Requirements

IX. Non-DiscriminationThe Contractor, in the performance of all work after award, and prior tocompletion 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 ofmaterials and rentals of equipment.

X. Solicitations for Sub~Contracts, and for the Procurement of Materialsand EquipmentIn all solicitations either by competitive bidding or negotiation made bythe Contractor either for work to be performed under a sub-contract orCorthe procurement of materials or equipment, each potentia1 sub-contractor or supplier shall be notified in writing by the Contractor of the


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"The bidder hereby certifies he shall complywith the minoritymanpower ratio and specific action steps contained in theappendix. EEO attached hereto, including compliance with theminority contractor compliance specified in Section V of saidappendix. The contractor receiving the Award of the contractshall be required to obtain from each of its sub-contractors,and submit to the contracting o r administering agency prior tothe performance of any work under said contract, acertification by said sub-contractor, regardless of tier, that itwill coinply with the minority manpower ratio and specificaffirmative action steps contained in the appendix EEO."

Contractor's obligations under this contract relative to non-discrimination and affirmative action.XI. Bidders Certification Requirement

1. The bidder' certification form currently in use will be deleted from allfuture bid documents.2. The followingcertification statement will be inserted in the biddocument just above the bidder's signature, as a substitute for thepresent bidder certification form:

xn. Contractor's Certification1. The Courractor's certification form must be Signedby all successfullow hidder(s) prior to award by the contracting agency. (Seeattachment).

xm . Compliance-Information. Reports and Sanctions1. The Contractor will provide all information and reports required bythe administering agency, or the Commission, on instructions issuedby either of them and w iD permit access to its facilities and any books,records, accounts and other sources of information which may bedetermined by the Commission to affect the employment of personnel.This provision shall apply only to information pertinent to theCommonwealth's supplementary affirmative action contractrequirements. Where information required is in the exclusivepossession of another who fails or refuses to furnish this information,the Contractor shall so certify to the administering agency, or theCommission as appropriate, and shall set forth what efforts he hasmade to obtain the Informat ion.


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a. The recovery by the administering agency from the GeneralContractor of 1/100 of 1% of the contract award price or$1000, whichever sum is greater, in the' nature of liquidateddamages, or, if a Sub-Contractor is in non-compliance, therecovery by the administering agency from the GeneralContractor, to be assessed by the General Contractor as aback charge against the Sub-Contractor, of 1110of 1% of thesub-contract price, or $400, whichever sum is greater, in thenature of liquidated damages, for each week that such partyfails or refuses to comply;

2. Whenever the administering agency, the Commission, or the LiaisonCommittee 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, shallconduct an appropriate investigation, and may confer with theparties, to determine if such Contractor is operating in compliancewith the terms of this Section. Ifthe Commission, or its agent, findsthe General Contractor, or any sub-contractor, not in compliance, itshall make a preliminary report on non-compliance, and notify suchContractor in writing of such steps as will, in the judgment of theCommission, or its agent, bring such Contractor into compliance. Inthe event that such Contractor fails or refuses to fully perform suchsteps, the Commission shall make a final report of non-compliance,and recommend to the administering agency the imposition of one ormore of the sanctions listed below. If,however, the Commissionbelieves the General Contractor, or any Sub-Contractor, has taken, oris taking, every possible measure to achieve compliance, it shall notmake a final report of non-compliance. WithiJ1 fourteen days ofthereceipt of the recommendations of the Commission, the administeringagency shall move to impose One or more of the following sanctions, asit may deem appropriate to attain full and effective enforcement:

b. The suspension of any payment, or part thereof, due underthe contract until such time as the General Contractor, orany Sub-Contractor, is able to demonstrate his compliancewith the terms of the contract;

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


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d . The denial to the G eneral Contractor, 01' any Sub-C ontractor, of the right to participate in a ny future co ntra ctsaw arded by the adm in istering agency for a period of up toth re e y ea rs.3. If, a t any tim e after the im position of one or m ore of the above

sanctions, a C on tractor is ab le to dem onstra te that be/she is incom plian ce w ith this S ection , he m ay re qu es t th e a dm i nis te rin gagency , in consulta tion w ith the C om m ission , to suspend the sanctionsconditionally , pending a final determ ination by the Com m ission as tow hether th e C on tra cto r is in com pliance . U pon final determ ination ofthe C om m ission , the adm in istering agency , based on therecom m e nd ation of the C omm ission , shall either lift the sanctions orreim p ose them .

4. San ctions en um erated un der S ections X Illa2 shall not be im posed bythe ad m inistering agency ex cept after an adjud icatory proceeding , asthat term is used M .G .L . c . 30A , has been conducted . N oinvestigation by the C om m ission , or its agent, shall be initiatedw ithout prior n otice to the C ontractor.

XN. Severabili tyT he provisions of th is section are severab le , and ifa ny o f these pro vlslen sshall be heJd unconstitutional by any court of com petent jurisd iction , thedecision of such court shall no t affect or im pair any of the rem ain ingprovisions.

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S ig na tu re o f B id de r

BIDDER'S CERTIFICATION STATEMENT

"The bidder hereby certifies he shall comply with theminority manpower ratio and specific action stepscontained in the appendix EEO attached hereto, includingcompliance with the minority contractor compliancespecified in Section V of said appendix. The contractorreceiving the Award of the contract shall be required toobtain from each of its sub- contractors, and submit to thecontracting or administering agency prior to theperformance of any work under said contract, acertification by said sub-contractor, regardless of tier, thatit will comply with the minority manpower ratio andspecific affirmative action steps contained in the appendixEEO."

Nam e of Firm

Title

Date


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A contractor will not be eligible for award of a contract unless suchcontractor has submitted the following certification, which isdeemed a partof the resulting contract:

A. Contractor's Certification

Contractor

CONTRACTOR'S CERTIFICATION

certifies that:- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -

1. he/she intends to use the following listed construction trades in the work underthe contract ; and2. will comply with the 8% minority workforce ratio and specific affirmative actionsteps contained herein; and3. will obtain from each of its subcontractors and submit to the contracting 01'administering agency prior to the award of any subcontract under this contractthe subcontractor certification required by these bid conditions.

(Signature of authorized representative or subcontractor)


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Architect/Designer's services will be rendered in connection withconstructed at to be

AGREEMENT FOR ARCHITECT/DESIGN SERVICESCITY OF MEDFORD

INSERT PROJECT NAME

This agreement is made and entered into by and between the City of Medford (hereinafter theCITY), a municipal corporation organized and existing under the laws of the Commonwealth ofMassachusetts, and r a Corporation with a principalplace of business at , (hereinafter theARCHITECT/DESIGNER) .Article 1. Description of Project

Article 2. Contract DocumentsProposals/Qua lifications,

, any Conditions of thengs, specntcatlons, Affirmativeates, if applicable. Allof the Contract as If attachedentire and integratedatlons, representations or

The Contract Documents consist of this Agreement,any addenda, the Architect/Designer's Bid or PContract (General, Supplementary and other ConditioAction/Equal Opportunity Contract Provisions, Minimumdocuments stated in the preceding sentence are fullyto this Agreement or repeated herein. The Contract repagreement between the parties hereto and supersedes prior nagreements, either written or oral.

ish all materials, labor, equipment, and perform alle ARCHITECT/DESIGNER agrees to doract documents.

The City shall pay the Archltect/ er for the performance of this Contract the total amountof $ ( dollars and cents) including allreimbursable expenses. This Contract will commence immediately upon execution of thisAgreement, and end on or about I unless sooner completed.Architect/Designer's Compensation and fees tor Additional Services shall be negotiatedand made pursuant to a fee agreement,Article 5. Payment5.1 The CITY shall make payment as follows: (Choose a, b or c and delete others),a) One final payment of the entire contract amount thirty days after receipt of an Invoiceprovided the work is then fully completed or the goods and supplies delivered and theAgreement fully performed.b) On a monthly basts, thirty days after receipt of an invoice for work performed ormaterials supplied the previous month.OR


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5,2 With an Invoice the ARCHITECT/DESIGNER shall submit evidence satisfactory to theCITY that the goods or supplies have been delivered, or that the work has beencompleted and that all payrolls, material bills and other Indebtedness connected withthe work has been paid.

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

Article 6. No Release

. the ARCHITECT/DESIGNER theposal within thirty (30) days ofce of City Auditor detailing thebe re and approved by ther prior to being presented toservices will be paid for prior to

5.3 The fees established under this Agreement are lump sum fees and include all of theexpenses for all of the ARCHITECT/DESIGNER'S Consultants,5.4 Pursuant to M.G.L./ c. 7, 38H, paragraph (j), ARCHITECT/DESIGNER shall not becompensated for any services involved in preparing changes that are required foradditional work that should have been anticipated by ARCHITECT/DESIGNER in thepreparation of the bid documents, as reasonably determined by CITY,5,5 The City agrees to make all reasonable efforts tosum set forth in the ARCHITECT/DESIGNER'S bidreceipt of an invoice in the Finance Departmework completed. The goods and/or servicesfunding department as well as any otherthe Finance Department for payment. No greceipt of such and approval of acceptance.5.6 Subject to pending statutory appotherwise due and payable to themunicipal charges may be deductedCONTRACT prior to disbursement to

IGNER agrees that all sums, fines, fees and/or otherc.ATr~a,.'.riseayable under thisJ T ' T ' . , , . . . . . , . . NER.

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

7.1 CITY may terminate this CONTRACT on sixty (60) calendar daysnd this CONTRACT for up to sixty (60) calendar days upon receiptof notice, in the best Interests of the City, by providing notice to theARCHITECT/DESIGNER, which shall be In writing and shall be deemed delivered andreceived when given in person to the ARCHITECT/DESIGNER/ or when received by fax,express mail, certified mail return receipt requested, regular mail postage prepaid ordelivered by any other appropriate method evidencing actual receipt by theARCHITECT/DESIGNER.

7,2 For Cause. If the ARCHITECT/DESIGNER is determined by the CITY to be in default ofany 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 Inwriting and shall be deemed delivered and received when given in person to theARCHITECT/DESIGNER, or when received by fax, express mail, certified mail return


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7,3 Default, The following shall constitute events of default under this CONTRACT: a) anymaterial misrepresentation made by the ARCHITECT/DESIGNER to the CITY, b) anyfailure to perform any of its obligations under this CONTRACT lncl ing, but not limitedto the following: (I) failure to commence performance of this CO at the timespecified in this CONTRACT due to a reason or circumstanceARCHITECT/DESIGNER'S reasonable control, (ii) failure tosufficient personnel and equipment or with sufficient mof this CONTRACT within the specified time due to a rea rARCHITECT/DESIGNER'S reasonable control, (iii) failure to performmanner reasonably satisfactory to the CITY, (lv) failure to promptlyreasonable time the services that were rejected by the CITY as unsati r orerroneous, (v) discontinuance of the services for reasons not beyond theARCHITECT/DESIGNER'S reasonable control, (vi) failure to comply with a material termof this CONTRACT, including, but not limited to, the provision of insurance andnondiscrimination, and (vii) any other acts specifically and expressly stated in thisCONTRACT as constituting a basis nation of this CONTRACT, and (viii) failure tocomply with any and all requireme , and/or regulations, and Cityordinances, and/or regulations,

receipt requested! regular mail postage prepaid or delivered by any other appropriatemethod evidencing actual receipt by the ARCHITECT/DESIGNER, If the CITY isdetermined by the ARCHITECT/DESIGNER to be In default of any term or condition ofthis 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 anyother appropriate method evidencing actual receipt by the CITY,

Article 8. Remedies Of TheCityThe CITY may deduct the cost of any suand all damages, including incidental and connon-conformance or non-performance of the jDESIGNER in complying with theterms of this CONTRACT, and shall withhold such expenses, losses, and damages from sumsdue to become due,

If the dby the AresponsibleArchitect/Deshave providedand cause the

non-conformance, or non-performance, are actually sustaineddue to any act or omission for which the CITY is legallya sum equal to the amount of such damages sustained by theed by the CITY in writing, provided the Architect/Designer shallries of the contract a detailed written statement of such damages30 days of the act of omission by the CITY.Article 10. AssignabilitvThe ARCHITECT/DESIGNER shall not assign, subcontract or in any way transfer any interest inthis contract without the prior written consent of the Procurement Officer of the City. In theevent of such occurrence the City reserves the right to deal with any assignee subcontractor ortransferee directly and the Architect/Designer agrees to remain bound by all terms andconditions of this contract in accordance with its original tenor. The provisions of thisCONTRACT shall be binding upon, and shall inure to the benefit of, the successors and assigns ofthe ARCHITECT/DESIGNER and any public body or bodies succeeding the interests of the CITY.Article 11. Indemnification


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The ARCHITECT/DESIGNER shall provide by insurance for thethe furnishing of other benefits under Chapter 152 of the GeneWorker's Compensation Act) to all employees of the ARCHITEthe provisions of Chapter 152 of the General Laws of Massachusetts, Failcontinue in force such insurance during the period of this contract shall be dbreach of this contract, shall operate as an immediate termination thereof, anARCHITECT/DESIGNER shall indemnify the CITY for all losses, claims, and actions resultingfrom the failure to provide the insurance required by this Article, The Architect/Designer shallfurnish to the CITY evidence of such insurance prior to the execution of this contract andbefore the same shall be binding on the parties thereto, unless specifically waived,

The ARCHITECT/DESIGNER shall assume the defense, Indemnify and hold harmless the CITY, theCITY'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 recoveredagainst them by reason of acts, in actions, omissions, negligence, reckless or intentionalmisconduct of the said ARCHITECT/DESIGNER, its agent(s), officers, employees, orsubcontractors; In the execution of the work or in guarding the same, Unless otherwise providedby law, the CITY may elect to indemnify the ARCHITECT/DESIGNER for claims arising in tort if it isdetermined that the ARCHITECT/DESIGNER performed its obligations under this CONTRACTpursuant to the direct supervision and control of the CITY or its designated agent(s),Article 1.2. Worker's Compensation And Other Insurance

Prior to commencement of any work andshall maintain the following insuranceCITY, giving evidence of such coverage tocopy of such insurance coverage to be atta

of its work under this CONTRACTinsurance acceptable to thetion of this CONTRACT, a

L Comprehensive Automobile Liability In covering the use of all owned, non-owned and hired automobiles in conne its operations with a combined singlelimit of $1,000,000, The comprehensive tomobile liability Insurance may beprovided through primary and excess or umbrella Insurance policies.

2, ARCHITECT/DESIGNER'S Equipment Coverage (or a certification of self-insurancesatisfactory to the CITY) must be provided on and 'All Risk' basts, covering physicaldamage to all tools and equipment, including automotive equipment owned, rented, orused by the ARCHITECT/DESIGNER.3, Commercial General Liability Insurance coverage may be provided through primary andexcess 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 theperformance of this agreement with limits of at least $1,000,000 per claim and $2,000,000aggregate, with a deductible of no more than $25,000 per claim, (Note that deductibleminimum is negotiable, depending on the contract.)

5. The ARCHITECTIDESIGNER shall carry insurance in a sufficient amount to assure therestoration of any plans, drawings, computations, field notes, or other similar data relating tothe work covered by this contract in event of loss or destruction until the final fee payment ismade or all data is turned over to the CITY,


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6. All insurance coverage shall be in force from the time of the Agreement to the date when allwork designed under the contract is completed and accepted by the CITY. Since thisinsurance is normally written on a year-to-year basis, the ARCHITECTJDESIGNER shallnotify the CITY should coverage become unavailable 01' if its policy should change.

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

red. All requiredainst the City. Allshall not beadvance writtent allow itrtificates of

7. Certificates and any and all renewals substantiating that required insurance coverage be ineffect shall be delivered at the time of the execution of the Agreement and filed with thecontract.

All required insurance must be endorsed to name the CITY as AddltloInsurance shall be endorsed to waive the insurer's rights of supolicies and certificate for insurance must contain language thatcanceled, materially changed or non-renewed without at leastnotice to the CITY. The ARCHITECT/DESIGNER under thissubcontractors to begin work until similar Insurance hasinsurance approved by the ARCHITECT/DESIGNER.Article 13. Corporate Architect/Designer

R shall endorse the Statementor shall otherwise provide a

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

The obligations of the CITY under CONTRACT shall be subject to appropriation. In theabsence of appropriation this CONTRACT shall be immediately terminated without liability fordamages, penalties, or other charges.In the requisite Circumstances, the obligations of the CITY under this CONTRACT shall besubject 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 theARCHITECT/DESIGNER under this CONTRACT are to be kept confidential and shall not be madeavailable to any Individual or organization by the ARCHITECT/DESIGNER (except agents,servants, or employees of the ARCHITECT/DESIGNER) without the prior written approval of theCITY, except as otherwise required by law. The ARCHITECT/DESIGNER understands thathe/she/it may acquire or have access to "personal data" otherwise kept by the CITY. TheARCHITECT/DESIGNER shall comply with the provisions of Chapter 66A of the General Laws ofMassachusetts as it relates to public documents, and all other state and federal laws andregulations relating to confidentiality, security, privacy and use of confidential data.


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Any materials produced in whole or in part under this CONTRACT shall not be subject tocopyright, except by the CITY, in the United States or any other country. The CITY shall haveunrestricted authority to withhold payment of any royalty, commission, or additional fee of anytype or nature, to publicly disclose, reproduce, distribute and otherwise use, and authorizeothers to use, in whole or in part, any reports, data or other materials prepared under thisCONTRACT.

rs, records and otherfinal payment under hish documents at its own

All data, reports, programs, software, equipment, furnishings, and any other documentation orproduct paid for by the CITY shall vest in the CITY at the termination of this CONTRACT. TheARCHITECT/DESIGNER shall at all times, during or after termination of this CONTRACT, obtainthe prior written approval of the CITY before making any statement bearing on the workperformed or data collected under this CONTRACT to the press or issue any material forpublication through any medium.Article 1.6. Audit, Inspection, Recordkeepinq

Further the ARCHITECT/DESIGNER agrees to make its woevidence of audit available to the CITY for a period of threeCONTRACT, The CITY shall be entitled to reproduce any or all sexpense, for which provision shall be made at such time.

CITY may deem it reasonablyCT/DESIGNER for theall records, contracts,mployment and other data

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

The ARCHITECT/DESIGNERtime devoted to the PROlEsubcontractor employedtimes audit such ..",,,.,,.'1


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4. The ARCHITECT/DESIGNER shall file with the CITY a statement of management as towhether the system of internal accounting controls of the ARCHITECT/DESIGNER andits subsidiaries reasonably assures that: (1) transactions are executed In accordancewith management's general and specific authorization; (2) transactions are recorded asnecessary i) to permit preparation of financial statements in conformity with generallyaccepted accounting principles, and ll) to maintain accountability for assets; (3) access toassets is permitted only In accordance with management's general or specificauthorization; and (4) the recorded accountability for assets is compared with theexisting assets at reasonable Intervals and appropriate action was taken with respect toany difference. The ARCHITECT/DESIGNER shall also file with the CITY a statementprepared and signed by an independent certified public accountant, stating that theaccountant has examined the statement of management on internal accounting controls,and expressing an opinion as to (1) whether the representations of management inresponse to this section are consistent with the result of management's evaluation of thesystem of internal accounting controls; and (2) whether such representations ofmanagement are, in addition, reasonable with re transactions and assets inamounts which would be material when measured ion to the applicant's financialstatements. [M.G.L. c. 30, 39R(c)]. The ARCH /D NER warrants andrepresents that ARCHITECT/DESIGNER ha of management oninternal 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 duringthe term of this Contract a financial statement prepa n independent certifiedpublic accountant on the basis of an audit by such accou nt. The final statement fliedshall include the date of final payment. All statements shall be accompanied by anaccountant'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 priorto the execution hereof and will continue to file annually, an audited financial statementfor 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 thisArticle sh public records as defined in M.G.L. c. 4, 7 and shall not be open topublic , however, that such records and statements shall be madeavai e provisions of section 2 of Article 17 above.

In accordancebe kept of all indiare applicable.usetts General Law c. 149, s. 276, a true and accurate record mustemployed on a public works project for which prevailing wage rates

In addition, every Architect/Designer and subcontractor Is required to submit, on a weeklybasis, a copy of their weekly payroll records to the awarding authority. Once collected, theawarding 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 assistedby the United States of America and the attached Federal Labor Standards Provisions areincluded in this contract pursuant to the provisions applicable to such Federal assistance.Article 1 .8. Conflict Of Interest


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In the event there is a conflict between these Articles and Attachment A, Attachment A shallsupersede these Articles.

ifled only as specifically provided byONS. Amendments, or waivers of anyn contained in this CONTRACT may beignatories to the original agreement, prior

18.1 CITY. No officer, member or employee of the CITY and no members of its governingbody who exercise any function or responsibility in review or approval of theundertaking or carrying out of this CONTRACT shall participate in any decision relatingto the CONTRACT which affects his/her personal Interests or the interest of anycorporation, partnership, or association in which he/she has a direct or indirectpecuniary interest. None of the services to be provided by the ARCHITECT/DESIGNERshall be used for any partisan political activity or further the election or defeat of anycandidate for political office in the CITY. Compliance with this section shall be materialto the CONTRACT.

18.2 ARCHITECT/DESIGNER. ARCHITECT/DESIGNER agrees that h Its agents!servants, and employees have neither presently nor during the of thisCONTRACTany interest direct or indirect which would impair, ct, or conflict in anymanner or degree with the performance of services require this CONTRACT.The ARCHITECT/DESIGNER, his/her/its agents! servants es further stipulatesthat in the performance of this CONTRACT, will comply GeneralLaw, Chapter 268A and/or 268B, Conflict of Interest, a all rules ulations ofthe State Ethics Commission. Compliance with this section shall be al to theCONTRACT.Article 19. Conflict

Article 20. WaiverAnd AmendmentThe provisions contained in this CONTRACTATTACHMENT B " ADDITIONAL TERMS ANDadditional term, condition, covenant, duty ormade only by written amendment executed byto the effective date of the amendment.To the extent allowed by law, all conditions, duties, and obligations contained in thisCONTRACT may only by written agreement by both parties.

n any form or manner by a party shall not be construed as ait the legal or equitable remedies available to that party. Nodefault or breach shall constitute a waiver of any subsequentor different matter.

BY SIGNING THIS D MENT, IN WITNESS WHEREOF! THE ARCHITECT/DESIGNERCERTIFIES, UNDER THE PAINS AND PENALTIES OF PERJURY,THAT THE ARCHITECT/DESIGNERIS IN COMPLIANCE WITH EACH OFTHE FOLLOWING:

1. TAXES, PURSUANT to M.G.L. c. 62C, s. 49A, the ARCHITECT/DESIGNER has filed allstate tax returns and complied with all laws of the Commonwealth relating to taxes.2. DEBARMENT. The ARCHITECT/DESIGNER is not currently debarred or suspended bythe Commonwealth of Massachusetts, or any of its entities or subdivisions.3. AMERICANS WITH DISABILITIES ACT. The ARCHITECT/DESIGNER is aware of theAmericans with Disabilities Act which prohibits discrimination based upon disability and


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5, Pursuant to M,G.L. Chapter 30, section 39M as amended In Chapter 306 of the Acts of2004, that all employees to be employed at the worksite will have successfullycompleted a course In construction safety and health approved by the United StateOccupational Safety and Health Administration that Is at least 10 rs in duration atthe time the employee begins work and who shall furnish docu n of successfulcompletion of said course with the first certified payroll repo employee,

shall meet any relevant standards, and/or conditions set out in the bid/proposaldocuments, bld/proposa I specifications.4. Pursuant to M.G.L. Chapter 30, section 39M, subsection (c), the Architect/Designercertifies that he Is able to furnish labor that can work in harmony with all otherelements of labor employed or to be employed in the work hereby described.

Article 22. Non-CollusIonThe ARCHITECT/DESIGNER certifies under penalties of perjury this is signedand submitted In good faith and without collusion or fraud with any other pe As used Inthis 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 LawThis CONTRACT and any performance haccordance with the laws of Commonweasubject matter herein shall be brought anthe federal district court sitting in the Cothereof. This paragraph shall not be constru

II be governed by and be construed inall proceedings or actions relating tocourts of the Commonwealth orall have exclusive jurisdictionit any other legal rights of the parties,Article. 24. NoticeAll notices required to be given under this Ag nt shall be given In writing and shall beeffective upon receipt by hand delivery or certified mail to:The City: curement OfficerCity Halle p, Hassett DriveMA 02155

The DESIGNE

Article 25: Asbestos RemovalWithout in any way limiting the ARCHITECT/DESIGNER's liability for any other negligentperformance or failure to perform professional services, the ARCHITECT/DESIGNER shallIncur no liability for claims arising out of the performance of or failure to perform professionalservices related to asbestos, except that the ARCHITECT/DESIGNER shall promptly notifythe CITY of any asbestos the ARCHITECT/DESIGNER observes that may affect thePROJECT, The ARCHITECT/DESIGNER shall include in the contract documents specific


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provisions requiring the Architect/Designer to include the time required for the asbestosabatement work in the PROJECTschedule, to organize its own work in such a way that It willnot conflict with concurrent asbestos abatement work, and to coordinate all of the work at thesite (including the asbestos abatement work), so as to minimize disruption and delay. TheARCHITECT/DESIGNER shall enforce the foregoing requirements, utilizing such authority asIt may have under the contract documents. The ARCHITECT/DESIGNER shall confer withthe asbestos abatement consultant to ascertain that similar and consistent requirements arebeing included in contract documents prepared by the consultant. TheARCHITECT/DESIGNER shall also be responsible for providing to any asbestos abatementengineer and any asbestos abatement Architect/Designer, contract documents and plans whichprecisely indicate the scope of the renovations and additions to the bulldl . The CITYhereby agrees to bring no claim for negligence, breach of contract, in or otherwiseagainst the ARCHITECT/DESIGNER, his principals, employees, nd consultants ifsuch claim in any way would involve the ARCHITECTjDESIG es for remedial workrelated to asbestos in the PROJECTunless otherwise agreed toArticle 26: Life-Cycle Cost Estimates26.1 All contracts for architectural or engineering services necessary for the Iminarydesign of all new buildings or for the modification or replacement of an energy systemin an existing building entered into by a public awarding authority subject to the biddingrequirements of Sections 44A to 44L inclusive, of M.G.L. c. 149, shall contain astipulation that life-cycle cost estimates shall be obtained at an initial stage and as aregular part of the services to be performed under said contract.26.2 M.G,L. c. 149, 44M defines "energy system" as: "any equipment that is employed toheat or cool a building, or to heat hot water used in a building, or to generate electricityfor a building and that uses the sun, wind, water, biomass, oil, natural gas, or electricityas its power supply in n part."

time during the life of this Contract withoutand when required, receipt of written approval by theNo changes are to beprior written notificationCITY.27.1 By signing this Contract, theARCHITECT/DESIGNER under the penalties of perjury that the following namedentities and individuals are the legal and beneficial owners of the ARCHITECT JDESIGNER as othe 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):


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Name Mass. Registration

INDIVIDUAL (Name of Owner):

27.2 Professional Registrations. By signing this Contract, the Individual executing thisContract on behalf of the ARCHITECT/DESIGNER certifies under the penalties ofperjury that the following named individuals are registered by the Commonwealth asarchitects, landscape architects, or engineers pursuant to the provisions of General LawsChapter 112, 60A - 600 and further that i) if the ARCHITECT JDESIGNER is anIndividual the ARCHITECT JDESIGNER is the individual named below, ii) if theARCHITECT JDESIGNER is a partnership, the majority of all the partners are personswho are registered architects, landscape architects, or engineers, Iii) if theARCHITECT JDESIGNER Is a corporation, sole proprietorship or joint stock company orother entity, the majority of the directors or a majority of the stock ownership and thechief executive officer, are persons who are registe . hitects, landscape architects, orengineers and the person to have the Project in h r charge is registered in thediscipline required for the Project, or iv) If the DESIGNER is a jointventure, each joint venturer satisfies the requ preceding clauses I - iii asthe case may be. [M.G.L. c. 7, 38E(a)(i)J

NOTE: The above Info38A 1/2. Programmers1/2.]

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

ARCHITECT/DESIGNER warrants that the Massachusetts registered principal of theARCHITECT/DESIGNER responsible for the project is:

Article 28. Certifications Required Bv Law28.1 Resume on File with Designer Selection Board. By signing this Contract, the

ARCHITECT JDESIGNER certifies under the penalties of perjury that in accordance with theprovisions of M.G.L. c. 29, 29A (4) a resume of the ARCHITECT JDESIGNER has been fliedwith the Designer Selection Board.28.2 No Inducements. By signing this Contract, the ARCHITECT JDESIGNER certifiesunder the penalties of perjury that the ARCHITECT JDESIGNER has not given, offeredor 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 fordesign services: no consultant to or subcontractor for the ARCHITECT/DESIGNER hasgiven, offered or agreed to give any gift, contribution or offer of employment to theARCHITECT/DESIGNER, or to any other person, corporation, or entity as aninducement for, or in connection with, the award to the consultant or subcontractor of acontract by the ARCHITECT /DESIGNER~ and no person, corporation or other entity,other than a bona fide full-time employee of the ARCHITECT/DESIGNER has beenretained or hired by the ARCHITECT/DESIGNER to solicit for or in any way assist theARCHITECT/DESIGNER In obtaining the Contract for design services upon an Contractor understanding that such person, corporation or other entity be paid a fee or otherconsideration contingent upon the award of the Contract to theARCHITECT/DESIGNER. [M.G,L. c. 7, . 38H(e)(i)-(iil)]

Contract Description&Awarding Authority Present Status %DesignjConstruction Total FeeAnticipated

28.3 Existing Government Contracts. By signing this Contract, the ARCHITECT/DESIGNERcertifies under the penalties of perjury that the following is a listing of all other existing contractsor Income derived byARCHITECT/DESIGNER from the Commonwealth or any politicalsubdivision thereof or public authority therein, from deral Government or any agencythereof, and from the CITY or any governmental for services rendered. [M.G.L. c. 7, 38E(a)(v)] :

28.4 By signing this Contract, theNER certifies under the penalties of perjury that, if the

IGNER is a corporation, the Corporation has filed with the State ofSecretary all rtificates and annual reports required by M.G.L c. 156B, 109 (BusinessCorporation), by M,G,L c. 181, 4 (Foreign Corporation), or by M.G.L. c. 180, 26A (Non-Profit Corporation),

28.5 Debarment; Suspension. By signing this Contract, the ARCHITECT/DESIGNERcertifies under the penalties of perjury that the ARCHITECT/DESIGNER is not currentlydebarred or suspended by the Commonwealth of Massachusetts, or any if its entIties orsubdivisions under any Commonwealth law or regulation, including but not limited toM,G,L. c. 29, 29F and M.G.L. c. 152, 25C and that it Is not currently debarred orsuspended by the Federal Government under any federal law or regulation.