HomeMy Public PortalAbout2018-06-12 Fileppello Park_ TOWN OF
1630
WATERTOWN
Office of the Town Manager
Administration Building
y�f = 149 Main Street
Watertown,MA 02472
Phone: 617-972-6465
www.watertown-ma.gov
Michael J.Driscoll townmgr0watertown-ma.gov
Town Manager
To: Honorable Town Council
From: Michael J. Driscoll, Town Manager
Date: June 7, 2018
RE: Agenda Items—Proposed Loan Order and Transfer of Funds Request
As you recall, on January 23, 2018 the Proposed Fiscal Year 2019-2023 Capital Improvement
Program (CIP) was submitted pursuant to the provisions of the Watertown Home Rule Charter and
the Town Council Resolution on the Fiscal Year 2019 Budget Process.
On March 15, 2018, the Honorable Town Council adopted twenty-seven(27) conceptual
recommendations on the Fiscal Year 2019-2023 CIP.
Conceptual recommendation#1 is as follows:
• Confirm the prior recommendation to proceed with the FY15 proposed loan order for $850,000
for improvements to the Filippello Park Grove Street entrance, and pursue a Stanton Grant of
$225,000 to partially offset the cost of this project.
As a follow-up to that conceptual recommendation, attached please find email correspondence from .
Raeleen F. Bandini, Purchasing Agent and Nathan Desrosiers, CDM Smith regarding the results of
the bid opening for Filippello Park Improvements and the recommendation to award to the low
bidder with a Base Bid amount of$1,287,000.
Additionally, attached please find email correspondence from Thomas J. Tracy, Town
Auditor/Assistant Town Manager for Finance and Glenn Howard, CDM Smith indicating the need
for construction oversight/administration services of$52,300 and a 5% contingency of$64,350 for
this project, with both items totaling$116,650.
Monies are available to fund the construction services and 5% contingency for this project from the
Debt Retirement Interest on Short Term Debt account as a result of not borrowing during Fiscal Year
2018.
The utilization of unspent Debt Retirement account monies for the acquisition of capital equipment
items is consistent with the Honorable Town Council's Ongoing Budget Policy Guideline to make
annual capital expenditures (including debt and exclusive of the school Building for the Future
Initiative funding and enterprise funds) equal to at least 7.5—8% of the operating budget in order to
maintain and improve its infrastructure, facilities, and equipment.
Therefore, given all of the above, I respectfully request the attached proposed loan order be placed
on the June 12, 2018 Town Council Agenda as a First Reading; and the attached transfer of funds be
considered at the June 26, 2018 Town Council Meeting when the public hearing will be held on the
proposed loan order.
Thank you for your consideration in this matter.
cc: Steven Magoon, Director of Community Development and Planning/Assistant Town Manager
Thomas J. Tracy, Town Auditor/Assistant Town Manager for Finance
Nancy J. Heffernan, Treasurer/Collector
Raeleen F. Bandini, Purchasing Agent
Peter Centola, Recreation Director
Gerald S. Mee, Jr., Superintendent of Public Works
Dennis J. Sheehan, Director of Administration and Finance, Department of Public Works
Matthew Shuman, Town Engineer
Robert DiRico, Supervisor, Forestry/Parks/Cemetery, Department of Public Works
Mark R. Reich, Esquire,KP Law
111 Huntington Avenue
Locke Boston,MA 02199
Telephone:617-239-0100
Fax:617-227-4420
Grp www.lockelord.com
Lord
Kara K.Adams
Direct Telephone:617-239-0387
Direct Fax:866-644-8575
kara.adams@lockelord.com
June 7, 2018
Peter B. Frazier, Managing Director
First Southwest
A Division of Hilltop Securities
54 Canal Street, Suite 320
Boston, Massachusetts 02114
Dear Peter: (Watertown Town Council Order—Filippello Park Improvements)
As requested, I suggest the following form of Town Council order to authorize the borrowing of
funds to pay costs of Filippello Park improvements:
Ordered: Ordered: that $1,287,000 is appropriated to pay costs of improvements to the
Filippello Park, and the payment of all other costs incidental and related thereto, and that
to raise this appropriation the Town Treasurer,with the approval of the Town Manager, is
authorized to borrow $1,287,000 under M.G.L. c. 44, §7(1), or any other enabling
authority, and to issue bonds or notes of the Town therefor. Any premium received by
the Town upon the sale of any bonds or notes approved by this vote, less any such
premium applied to the payment of the costs of issuance of such bonds or notes, may be
applied to the payment of costs approved by this vote in accordance with Chapter 44,
Section 20 of the General Laws, thereby reducing the amount authorized to be borrowed
to pay such costs by a like amount.
The order must be published at least 5 days prior to the holding of a public hearing with respect
to the order and its final passage and requires at least a two-thirds vote of all members of the
Council, as in the case of any other loan order for bonds.
Yours faithfully,
Kara K. Adams
AM 69253988.1
Atlanta I Austin Boston I Chicago Cincinnati Dallas Hartford Hong Kong I Houston I London(Los Angeles Miami
Morristown I New Orleans I New York I Providence Sacramento I San Francisco I Stamford I Washington DC I West Palm Beach
TRANSFER AMOUNT $116,650
FROM: FY18 INTEREST ON SHORT TERM DEBT $116,650
0171000-590925
TO: FY18 TRANSFER TO CAPITAL PROJECTS/TOWN $116,650
0193059-596502
I hereby certify to the availability, authority of funding source, mathematical
accuracy and appropriate fiscal year.
D E d TOWN AUDITOR
ava
Hand, JoAnna
From: Driscoll, Michael
Sent: Monday,June 04, 2018 11:12 AM
To: Hand,JoAnna
Cc: Magoon, Steven; Tracy, Thomas; Heffernan, Nancy; Bandini, Raeleen; Centola, Peter;
Osmond, Marsha
Subject: Award letter for Filippello Park
Attachments: Watertown - Filippello Park - Heimlich Recomendation of Award.pdf
Materials that will be included in the " First Reading "for a proposed loan order agenda item correspondence that will
be placed on the June 12th Town Council agenda.
From: Bandini, Raeleen
Sent: Friday,June 01, 2018 9:17 AM
To: Driscoll, Michael <mdriscoll@watertown-ma.gov>;Tracy,Thomas<ttracv@watertown-ma.gov>; Magoon, Steven
<smagoon@watertown-ma.gov>
Subject: FW: Award letter for Filippello Park
FYI
From: Desrosiers, Nathan L. (mailto:desrosiersnl@cdmsmith.comI
Sent:Thursday, May 31, 2018 3:13 PM
To: Bandini, Raeleen <rbandini@watertown-ma.gov>
Cc: Centola, Peter<Dcentola@watertown-ma.gov>; Howard, Glenn <HowardGD@cdmsmith.com>; Landgren, Scott
<LandgrenSW@cdmsmith.com>
Subject: RE:Award letter for Filippello Park
Hi Raeleen—Attached is the Recommendation to Award letter for the Filippello Park Renovation project. Also included is
a draft Letter of Intent to be sent to the contractor.
Please let me know if you have any questions or concerns.
Thanks
Nate
Nathan Desrosiers,P.E. I Project Manager I CDM Smith 1 75 State Street,Suite 701 1 Boston,MA 02109 T/F:
617.452.6690 1 www.cdmsmith.com
From: Bandini, Raeleen <rbandini@watertown-ma.gov>
Sent:Thursday, May 31, 2018 1:55 PM
To: Desrosiers, Nathan L. <desrosiersnl@cdmsmith.com>; IandgrensSW@cdmsmith.com
Cc: Centola, Peter<Dcentola@watertown-ma.gov>
Subject:Award letter for Filippello Park
Good Afternoon Nathan:
Please know that the Town has decided not to move forward with Alternate#1 contained in the Filippello Park
Renovation Project. Please forward the award letter at your earliest convenience with the anticipated award to
Heimlich Landscaping &Construction in the amount of$1,287,000.
Regards,
Raeleen Bandini, MCPPO
Purchasing Agent
Town of Watertown
149 Main Street
Watertown, MA 02472
617-972-6414
2
' CDM,- =
Smith
75 State Street,Suite 701
Boston,Massachusetts 02109
tel:617 452-6000
May 31,2018
Mr.Peter Centola
Director of Recreation
Administration Building
149 Main Street
Watertown,Massachusetts 02472
Subject: Town of Watertown,Massachusetts
Filippello Park Improvements
Recommendation to Award
Dear Mr. Centola:
On Thursday,May 17,2018 two (2)bids were opened by the Town of Watertown Purchasing
Department for the above referenced project. The bid prices are as follows:
Bidder Heimlich Landscaping Argus
&Construction Construction
Base Bid $1,287,000.00 $1,331,000.00
Base Bid+Add Alt#1 $1,306,000.00 $1,352,000.00
A copy of the bid comparison is attached.
The low bidder was Heimlich Landscaping&Construction Corp of Woburn,Massachusetts.
Mr. Raymond Heimlich is the President of the company.
A list of completed projects included in Heimlich Landscaping&Constructions reference
package indicates that the contractor has completed numerous park improvement projects and
athletic field projects in the last several years. These projects include the Ward Park
Improvement Project in Marlborough,MA with a value of$3.0M;Synthetic&Natural Soccer
Fields in Winchester,MA with a value of$4.5M;Swan Street Renovation Project,Phase 1 in
Everett,MA with a value of$1.296M; and the Harry Dello Russo Stadium Improvements in
Revere,MA with a value of$4.7M.
WATER+ENVIRONMENT+TRANSPORTATION+ENERGY+FACILITIES
4
k
Smith
Mr.Peter Centola
May 31, 2018
Page 2
CDM Smith has worked with Heimlich Landscaping&Construction on numerous projects
dating back to 2006. The CDM Smith reference indicated they are a very competent contractor,
thorough in their execution,run a very neat job site,have met project deadlines, and are fair
with clients in terms of project change orders. Other reference contacted indicated Heimlich has
been good to work with,their change order requests are reasonable,their quality of work is
excellent,they completed their work on schedule,and would gladly work with them again.
Merchants National Bonding,Inc provided the bid bond for this project. The Department of the
treasury,as of November 21,2017,lists Merchants National Bonding,Inc as a company holding
certificates of authority as an acceptable Surety of Federal Bonds. Therefore,Merchants
National Bonding,Inc is an acceptable bonding company for this project. A reference from their
bonding agent stated that the contractor has been an account in good standing since 2015,they
are within their single project($6 million) and aggregate ($12 million)bonding limits,and no
action has ever been taken against their bonds.The bonding agent stated they would be
providing bonding for this project.
Based upon our review,Heimlich Landscaping&Construction Corp appears to have the
capability and resources necessary to complete the project. It is our understanding the Town of
Watertown intends to award the construction of the Filippello Park Improvements project to
Heimlich Landscaping&Construction Corp in the Base Bid amount of$1,287,000.00.
A draft letter of award is enclosed for the Towri s use.
If you have any questions,please do not hesitate to contact us.
Very truly yours,
A4,
Nathan Desrosiers,P.E.
Project Manager
CDM Smith
c: Raeleen Bandini,Town of Watertown,Director of Purchasing
Glenn Howard, CDM Smith
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(Draft to be typed on Town letterhead)
DATE
Mr. Raymond Heimlich
President
Heimlich Landscaping& Construction Corp.
65 Burlington St.
Woburn,MA 01801
Subject: Town of Watertown,Massachusetts
Filippello Park Improvements
Intent to Award
Dear Mr. Heimlich:
The Town of Watertown intends to award your firm the construction of the above-
referenced project,based on your Base Bid price of$1,287,000.00 submitted on Thursday,
May 17th, 2018.
Please contact our consulting engineers, CDM Smith, 75 State Street, Suite 701,Boston,
Massachusetts 02109, ATTN: Mr. Glenn Howard,to obtain contract documents to be
completed for execution.
Respectfully,
Raeleen F. Bandini
Purchasing Agent
CC: Peter Centola, Recreation Director
Driscoll, Michael
To: Driscoll, Michael
Subject: Filippello Construction Services
Attachments: Exhibit A - Services_.pdf; CDM Smith Filippello Construction Services.docx
From:Tracy,Thomas
Sent:Wednesday,June 06, 2018 5:15 PM
To: Driscoll, Michael <mdriscoll@watertown-ma.gov>
Cc: Magoon, Steven <smagoon@watertown-ma.gov>
Subject: FW: Filippello Construction Services
Mike,
See email below and attachments. We would need $52,300 for Construction services for CDM Smith, and 5%
contingency would calculate to $64,350, These two total to $116,650.
Tom
From: Howard, Glenn fmailto:HowardGDPcdmsmith.comj
Sent:Wednesday, May 23, 2018 1:45 PM
To: Magoon, Steven <smagoon(@watertown-ma.gov>;Tracy,Thomas<ttracv(@watertown-ma.gov>
Cc: Bandini, Raeleen <rbandini(@watertown-ma.gov>
Subject: Filippello Construction Services
Steve/Tom,
Attached is a scope and budget for construction oversight/administration for Filippello Park Improvement. I
added/assumed I would attend weekly construction meetings for a project duration of 4 months. I've budgeted for
Danielle Mellett to attend Y2 day/week of construction observation for a duration of 4 months.
It is likely that the project duration may be less than 4 months but assuming construction oversight will be included in
the bond I would recommend no less than 50K.
I will document and provide monthly meeting/observation reports that tracks actual hours/week expended under the
meetings tasks and will include the number of hours for those tasks with each monthly invoice. Depending on weekly
progress we may be able to skip some weekly meetings(my time) but I plan on having Danielle go out every week to
document activities and ensure the work is meeting the intent of the contract documents.
Our Client Service leader Dave Young(signing authority) asked who would be serving as Town's Clerk of the Works. I
said you were working to identify the individual.
He also asked if you were including a 5%construction contingency in the bond request?
I'm out on vacation the next 2 weeks. I'm meeting the Boring Driller out there tomorrow with our Geotechnical
Engineer. It looks like the boring work begins the week I get back.
1
Thanks
Glenn D. Howard
Principal Landscape Architect
CDM Smith
75 State Street,Suite 701
Boston, MA 02109
Direct: +1(617)452-6630
Cell +1(617)902-8194
Email: howardRd@cdmsmith.com
2
EXHIBIT A
TO AGREEMENT BETWEEN
OWNER AND ENGINEER
Scope of Work
This is an exhibit attached to and made a part of the Agreement dated , 2018, between Town of
Watertown (OWNER)and CDM Smith(ENGINEER)for professional services for the Filippello Park Improvements
Project Construction Phase Services.
1.4 Construction Phase
During the Construction Phase:
1.4.1 General Administration of Construction Contract.
ENGINEER shall consult with and advise OWNER and act as OWNER's representative`as
provided in th0 Standard General Conditions. The extent and limitations of the duties,
responsibilities and authority of ENGINEER as assigned in said Standard General Conditions
shall not be modified,except to the extent provided herein.All of OWNER's instructions to
Contractor will be issued through ENGINEER who shall have authority to act on behalf of
OWNER in dealings with Contractor to the extent provided in this Agreement and said
Standard General Conditions except as otherwise provided in writing.
1.4.2 Visits to Site and Observation of Construction,
In connection with observations of the work of Contractor while in progress:
1.4.2.1 ENGINEER shall make visits to the site at intervals appropriate to the various
stages of construction as ENGINEER deems necessary in order to observe as an
experienced and qualified design professional the progress and quality of the
various aspects of Contractor's work. In addition, ENGINEER shall provide the
services of a Resident Project Representative at the site to assist ENGINEER and to
provide more continuous observations of such work. The furnishing of such
Resident Project Representative services will not extend ENGINEER's
responsibilities or authority beyond the specific limits set forth elsewhere in this
paragraph 1.4. Such visits and observations by ENGINEER and the Resident
Project Representative are not intended to be exhaustive or to extend to every
aspect of the work in progress, or to involve detailed inspections of the work
beyond the responsibilities specifically assigned to ENGINEER in this Agreement
and the Contract Documents,but rather are to be limited to spot checking,selective
sampling and similar methods of general observation of the work based on
ENGINEER's exercise of professional judgment as assisted by the Resident Project
Representative. Based on information obtained during such visits and such
observations,ENGINEER shall endeavor to determine in general if such work is
proceeding in accordance with the Contract Documents and ENGINEER shall keep
OWNER informed of the progress of the work.The responsibilities of ENGINEER
contained in this paragraph are expressly subject to the limitations set forth in
paragraph 1.4.2.2 and other express or general limitations in this Agreement and
elsewhere.
1.4.2.2 The purpose of ENGINEER's visits to and representation by the Resident Project
Representative at the site will be to enable ENGINEER to better carry out the duties
and responsibilities assigned to and undertaken by ENGINEER during the
Construction Phase,and,in addition,by the exercise of ENGINEER's efforts as an
experienced and qualified design professional, to provide for OWNER a greater
Exhibit A—8/2018 Page 1
Owner and Engineer-Professional Services
degree of confidence that the completed work of Contractor will conform in general
to the Contract Documents and that the integrity of the design concept of the
completed Project as a functioning whole as indicated in the Contract Documents
has been implemented and preserved by Contractor.On the other hand,ENGINEER
shall not,during such visits or as a result of such observations of Contractor's work
in progress, supervise, direct or have control over Contractor's work nor shall
ENGINEER have authority over or responsibility for the means, methods,
techniques, sequences or procedures of construction selected by Contractor, for
safety precautions and programs incident to the work of Contractor or for any
failure of Contractor to comply with laws,rules,regulations,ordinances,codes or
orders applicable to Contractor's furnishing and performing the work.Accordingly,
ENGINEER neither guarantees the performance of any Contractor nor assumes
responsibility for any Contractor's failure to furnish and perform its work in
accordance with the Contract Documents.
1.4.2.3 Duties,Responsibilities and Authority of the Resident Project Representative are set
forth in Exhibit B.
1.4.3 Defective Work.
During such visits and on the basis of such observations,ENGINEER shall have authority to
disapprove of or reject Contractor's work while it is in progress if ENGINEER believes that
such work will not produce a completed Project that conforms generally to the Contract
Documents or that it will prejudice the integrity of the design concept of the completed Project
as a functioning whole as indicated in the Contract Documents.
1.4.4 Clarifications and Interpretations:Field Orders.
ENGINEER shall issue necessary clarifications and interpretations of the Contract Documents
as appropriate to the orderly completion of the work.Such clarifications and interpretations will
be consistent with the intent of and reasonably inferable from the Contract Documents.
ENGINEER may issue Field Orders authorizing minor variations from the requirements of the
Contract Documents.
1.4.5 Change Orders and Work Chanee Directives.
ENGINEER shall recommend Change Orders and Work Change Directives to OWNER as
appropriate,and shall prepare Change Orders and Work Change Directives as required.
1.4.6 Shop Drawings
ENGINEER shall review and approve(or take other appropriate action in respect of) Shop
Drawings and Samples and other data which Contractor is required to submit, but only for
conformance with the information given in the Contract Documents and compatibility with the
design concept of the completed Project as a functioning whole as indicated in the Contract
Documents. Such reviews and approvals or other action will not extend to means,methods,
techniques, sequences or procedures of construction or to safety precautions and programs
incident thereto.
1.4.7 Substitutes
ENGINEER shall evaluate and determine the acceptability of substitute or"or-equal"materials
and equipment proposed by Contractor.However,services in making revisions to Drawings and
Specifications occasioned by the acceptance of substitute materials or equipment other than"or-
equal" items; and services after the award of the construction contract in evaluating and
determining the acceptability of a substitute which is appropriate for the Project or an excessive
number of substitutes will only be performed pursuant to an amendment to this Agreement for
additional compensation.
1.4.8 Inspections and Tests.
Exhibit A—8/2018 Page 2
Owner and Engineer-Professional Services
ENGINEER may require special inspections or tests of the work,and shall receive and review
all certificates of inspections, tests and approvals required by laws, rules, regulations,
ordinances,codes,orders or the Contract Documents.ENGINEER's review of such certificates
will be for the purpose of determining that the results certified indicate compliance with the
Contract Documents and will not constitute an independent evaluation that the content or
procedures of such inspections,tests or approvals comply with the requirements of the Contract
Documents.ENGINEER shall be entitled to rely on the results of such tests.
1.4.9 Disaereements between OWNER and Contractor
ENGINEER shall render the initial decisions on all claims of OWNER and Contractor relating
to the acceptability of the work or the interpretation of the requirements of the Contract
Documents pertaining to the execution and progress of the work.In rendering such decisions,
ENGINEER shall be fair and not show partiality to OWNER or Contractor and shall not be
liable in connection with any decision rendered in good faith in such capacity.
1.4.10 Applications for Pavment.
Based on ENGINEER's on-site observations as an experienced and qualified design
professional and on review of Applications for Payment and the accompanying data and
schedules:
1.4.10.1 ENGINEER shall determine the amounts that ENGINEER recommends Contractor
be paid. Such recommendations of payment will be in writing and will constitute
ENGINEER's representation to OWNER,based on such observations and review,
that,to the best of ENGINEER's knowledge,information and belief,the work has
progressed to the point indicated, the quality of such work is generally in
accordance with the Contract Documents(subject to an evaluation of such work as a
functioning whole prior to or upon Substantial Completion,to the results of any
subsequent tests called for in the Contract Documents and to any other
qualifications stated in the recommendation), and the conditions precedent to
Contractor's being entitled to such payment appear to have been fulfilled in so far as
it is ENGINEER's responsibility to observe the work. In the case of unit price
work,ENGINEER's recommendations of payment will include final determinations
of quantities and classifications of such work (subject to any subsequent
adjustments allowed by the Contract Documents). The responsibilities of
ENGINEER contained in paragraph 1.4.10.1 are expressly subject to the limitations
set forth in paragraph 1.4.10.2 and other express or general limitations in this
Agreement and elsewhere.
1.4.10.2 By recommending any payment ENGINEER shall not thereby be deemed to have
represented that on-site observations made by ENGINEER to check the quality or
quantity of Contractor's work as it is performed and furnished have been exhaustive,
extended to every aspect of the work in progress,or involved detailed inspections of
the work beyond the responsibilities specifically assigned to ENGINEER in this
Agreement and the Contract Documents. Neither ENGINEER's review of
Contractor's work for the purposes of recommending payments nor ENGINEER's
recommendation of any payment (including final payment) will impose on
ENGINEER responsibility to supervise, direct or control such work or for the
means, methods, techniques, sequences or procedures of construction or safety
precautions or programs incident thereto, or Contractor's compliance with laws,
rules,regulations,ordinances,codes or orders applicable to Contractor's furnishing
and performing the work. It will also not impose responsibility on ENGINEER to
make any examination to ascertain how or for what purposes Contractor has used
the moneys paid on account of the Contract Price,or to determine that title to any of
the work,materials or equipment has passed to OWNER fine and clear of any liens,
claims,security interests or encumbrances,or that there may not be other matters at
Exhibit A—8/2018 Page 3
Owner and Engineer-Professional Services
issue between OWNER and Contractor that might affect the amount that should be
paid.
1.4.11 Contractor's Completion Documents.
ENGINEER shall receive,review and transmit to OWNER with written comments maintenance
and operating instructions, schedules, guarantees, Bonds, certificates or other evidence of
insurance required by the Contract Documents,certificates of inspection,tests and approvals,
and marked-up record documents(including Shop Drawings,Samples and other data approved
as provided under paragraph 1.4.6 and marked-up record Drawings)which are to be assembled
by Contractor in accordance with the Contract Documents to obtain final payment.
ENGINEER's review of such documents will only be to determine generally that their content
complies with the requirements of, and in the case of certificates of inspections, tests, and
approvals that the results certified indicate compliance with,the Contract Documents.
1.4.12 Substantial Completion
Following notice fi•om Contractor that Contractor considers the entire work ready for its
intended use, ENGINEER and OWNER, accompanied by Contractor, shall conduct an
inspection to determine if the work is substantially complete.If after considering any objections
of OWNER,ENGINEER considers the work substantially complete,ENGINEER shall deliver
a certificate of Substantial Completion to OWNER and Contractor.
1.4.13 Final Notice of Accentabilitv of the Work.
ENGINEER shall conduct a final inspection to determine if the completed work of Contractor
is acceptable so that ENGINEER may recommend,in writing,final payment to Contractor.
Accompanying the recommendation for final payment,ENGINEER shall indicate that the work
is acceptable (subject to the provisions of paragraph 1.4.10.2) to the best of ENGINEER's
knowledge, information and belief and based on the extent of the services performed and
furnished by ENGINEER under this Agreement.
1.4.14 Limitation of Responsibilities.
ENGINEER shall not be responsible for the acts or omissions of any Contractor, or of any
subcontractor,any supplier,or of any other person or organization performing or furnishing any
of the work.ENGINEER shall not be responsible for Contractor's failure to perform or furnish
the work in accordance with the Contract Documents.
1.4.15. Duration of Construction Phase.
The Construction Phase will commence with the execution of the construction contract for the
Project or any part thereof and will terminate upon written recommendation by ENGINEER of
final payment.
The duties and responsibilities of ENGINEER during the Construction Phase as set forth in this
paragraph 1.4 are amended and supplemented as follows:
1.4.16 As required,on an as-needed/as requested basis,ENGINEER will assist OWNER with
project construction administration,including review of schedule of values and
construction schedule,attendance at pre-construction meeting,review of payment
requests,key shop drawing reviews and approvals,review of Contractor's Requests For
Information(RFI's),periodic site visits(budget(1)half day visit per week)for project
manager to attend weekly construction meetings,(budget(1)half day visit per week)for
Landscape Architect to observe,review and document construction progress,(budget(5)
half day visits for Electrical Engineer to observe,review and document construction
progress,addressing questions on construction issues,development of project punch
list(s),and final project inspection and closeout,including review of project closeout
documents and product warranties completion.The Task assumes OWNER will provide a
person to oversee project construction on a daily basis and coordinate work with
Exhibit A—8/2018 Page 4
Owner and Engineer-Professional Services
contractor(s)and ENGINEER.The project construction period is anticipated to be 16
weeks,with a late-June 2018 contract award,construction start by mid-July 2018 and
mid-October construction completion.
2.0 OWNER'S RESPONSIBILITIES
2.1 Furnish to ENGINEER,as requested by ENGINEER for performance of Services as required by the
Contract Documents,the following:
2.1.1 Data prepared by or services of others,including without limitation explorations and tests of
subsurface conditions at or contiguous to the site,drawings of physical conditions in or relating
to existing surface or subsurface structures at or contiguous to the site,or hydrographic surveys;
2.1.2 The services of an independent testing laboratory to perform all inspections,tests and approvals
of samples,materials and equipment;
2.1.3 Appropriate professional interpretation of all of the foregoing;
2.1.4 Environmental assessments,audits,investigations and impact statements,and other relevant
environmental or cultural studies as to the Project,the site and adjacent areas;
2.1.5 Field surveys for design purposes and property,boundary,easement,right-of-way,topographic
and utility surveys or data,including relevant reference points;
2.1.6 Property descriptions;
2.1.7 Zoning,deed and other land use restrictions;and
2.1.8 Other special data or consultations not covered in Article 2.
OWNER shall be responsible for,and ENGINEER may rely upon,the accuracy and completeness of all
reports, data and other information furnished pursuant to this paragraph. ENGINEER may use such
reports,data and information in performing or furnishing services under this Agreement.
2.2 Provide,as required by the Contract Documents,engineering surveys and staking to enable Contractor to
proceed with the layout of the work,and other special field surveys.
2.3 Provide access to and make all provisions for ENGINEER to enter upon public and private property as
required for ENGINEER to perform services under this Agreement.
2.4 Examine-all alternate solutions,studies,reports,sketches,Drawings,Specifications,proposals and other
documents presented by ENGINEER(including obtaining advice of an attorney,insurance counselor and
other consultants as OWNER deems appropriate with respect to such examination)and render in writing
decisions pertaining thereto.
2.5 Provide approvals and permits from all governmental authorities having jurisdiction to approve the
portions of the Project designed or specified by ENGINEER and such approvals and consents from
others as may be necessary for completion of such portions of the Project.
2.6 Provide,as may be required for the Project:
2.6.1 Accounting,bond and financial advisory,independent cost estimating and insurance counseling
services;
Exhibit A—8/2018 Page 5
Owner and Engineer-Professional Services
r
2.6.2 Such legal services as OWNER may require or ENGINEER may reasonably request with
regard to legal issues pertaining to the Project,including any that may be raised by Contractor;
and
2.6.3 Such auditing services as OWNER may require to ascertain how or for what purpose Contractor
has used the moneys paid on account of the Contract Price.
2.7 Provide such inspection or monitoring services by an individual or entity other than ENGINEER as
OWNER may desire to verify:
2.7.1 That Contractor is complying with any law,rule,regulation,ordinance,code or order applicable
to Contractor's performing and furnishing the work;or
2.7.2 That Contractor is taking all necessary precautions for safety of persons or property and
complying with any special provisions of the Contract Documents applicable to safety.
ENGINEER does not undertake in this Agreement to perform the services referred to in 2.7.1 and 2.7.2
above.The identity of any individual or entity employed to perform such services and the scope of such
services will be disclosed to ENGINEER.
2.8 Advise ENGINEER of the identity and scope of services of any independent consultants employed by
OWNER to perform or furnish services in regard to the Project, including, but not limited to,
Construction Management, Cost Estimating, Project Peer Review, Value Engineering, and
Constructability Review. If OWNER designates a person or entity other than, or in addition to,
ENGINEER to represent OWNER at the site,OWNER shall define and set forth in an exhibit that is to
be mutually agreed upon and attached to and made a part of this Agreement before such services begin,
the duties,responsibilities and limitations of authority of such other party and the relation thereof to the
duties,responsibilities and authority of ENGINEER.
2.9 Prior to the commencement of the Construction Phase, notify ENGINEER of any variations in the
language of the Notice of Acceptability of Work,or of any notice or certification other than such Notice
that ENGINEER will be requested to provide to OWNER or third parties in connection with the
financing or completion of the Project.OWNER and ENGINEER shall reach agreement on the terms of
any such requested notice or certification and OWNER shall authorize such Special Services as are
necessary to enable ENGINEER to provide the notice or certification requested under this paragraph.
2.10 If more than one prime contract is to be awarded for work designed or specified by ENGINEER,
designate a person or entity to have authority and responsibility for coordinating the activities among the
various prime contractors,and define and set forth the duties,responsibilities and limitations of authority
of such person or entity and the relation thereof to the duties, responsibilities and authority of
ENGINEER in an exhibit that is to be mutually agreed upon and attached to and made a part of this
Agreement before such services begin.
2.11 Furnish to ENGINEER data or estimated figures as to OWNER's anticipated costs for services to be
provided by others for OWNER(such as services pursuant to paragraphs 2.1,2.2 and 2.4 through 2.11,
inclusive) and other costs so that ENGINEER may make the necessary calculations to develop and
periodically adjust ENGINEER's opinion of Total Project Costs.
2.12 Attend the pre-bid conference,bid opening,pre-construction conferences, construction progress and
other job-related meetings and Substantial Completion and final payment inspections.
2.13 Provide labor and safety equipment to open and protect manholes and/or to operate valves and hydrants
as required by the ENGINEER.
2.14 Bear all costs incident to compliance with the requirements of the OWNER's Responsibilities.
Exhibit A—8/2018 Page 6
Owner and Engineer-Professional Services
2.15 OWNER shall identify in writing the name of person authorized on their behalf to provide day-to-day
direction to ENGINEER during this contract duration.
3.0 TIME PERIOD FOR PERFORMANCE
The time periods for the performance of ENGINEER's set-vices as set forth in the Agreement are as follows:
Time Period for Services for Authorized Tasks 1.4.16.1 through 1.4.16.9 shall be(150)Days from the date of
the agreement.
4.0 METHOD OF PAYMENT
The method of payment for Set-vices rendered by ENGINEER shall be as set forth below:
For the Authorized Services ENGINEER will be paid a lump sum amount of$52,300(Fifty Two Thousand
Three Hundred Dollars)including expenses for performance of Task 1.4,16.1 through Task 1.4.16.9 under
this Agreement.Costs shown below are for informational purposes only.
Task 1.4.16: Construction Phase Services
Subtask 1.4.16.1 Pre-Construction Meeting $ 900
Subtask 1.4.16.2 Project Manager Construction Meetings(16) $15,000
Subtask 1.4.16.3 Landscape Architect Construction Observation(16) $9,500
Subtask 1.4.16.4 Electrical Engineer Construction Observation(5) $3,500
Subtask 1.4.16.5 General Construction Shop Drawing Review and Approvals $6,000
Subtask 1.4.16.6 Electrical Shop Drawings Review and Approvals $3,000
Subtask 1.4.16.7 General and Electrical BFI's $4,500
Subtask 1.4.16.8 Project Management including monitoring schedule,review of payment $5,000
Applications,progress reports
Subtask 1.4.16.9 Final inspections and Project Closeout $4,500
Other Direct Costs(Mileage) $ 400
5.0 SPECIAL PROVISIONS
OWNER has established the following special provisions and/or other considerations or requirements in
respect of the Assignment:
No Special Provisions
Exhibit A—8/2018 Page 7
Owner and Engineer-Professional Services
2018-xxx
AGREEMENT FOR PROFESSIONAL
ENGINEERING SERVICES
BETWEEN
THE TOWN OF WATERTOWN
AND
CDM SMITH
FOR
FILIPPELLO PARK IMPROVEMENTS PROJECT
CONSTRUCTION PHASE SERVICES
THIS AGREEMENT made this day of , 2018 between CDM
Smith, Inc., a Massachusetts corporation with a usual place of business at 75 State Street,
Boston. Massachusetts,hereinafter called the "ENGINEER," and the Town of Watertown, MA,
acting by its Town Manager,with a usual place of business at 149 Main Street, Watertown,
Massachusetts, hereinafter called the "TOWN".
The ENGINEER and the TOWN, for the consideration hereinafter named, agree as
follows:
1. Scope of Work
The ENGINEER shall perform the work set forth in the Scope of Services attached hereto
as Exhibit A.
2. Contract Price
The TOWN shall pay the ENGINEER for services rendered in the performance of this
Agreement a lump sum of$52,300.00 , subject to any additions and deductions provided for
herein at the hourly rates set forth in Exhibit B. The amount to be paid to the ENGINEER shall
not exceed $52,300.00 without the prior written consent of the TOWN.
3. Commencement and Completion of Work.
A. This Agreement shall commence on 2018 and shall expire
150 days from start of work, unless terminated sooner in accordance with this
Agreement.
B. Progress and Completion: ENGINEER shall commence work promptly upon
execution of this Agreement and shall prosecute and complete the work regularly,
diligently and uninterruptedly at such a rate of progress as will insure completion
in a timely manner.
4. Performance of the Work
The standard of care for all professional engineering and related services performed or
furnished by ENGINEER under this Agreement will be the care and skill ordinarily used by
members of ENGINEER's profession practicing under similar conditions in a similar locality.
2018-
Engineer makes no warranties, express or implied, under this Agreement or otherwise, in
connection with any services performed or furnished by Engineer.
A. Responsibilitv for the Work:
(t) The ENGINEER shall be responsible to the TOWN for the acts and
omissions of his employees, subcontractors and their agents and
employees, and other persons performing any of the Work under a
contract with the ENGINEER. Consistent with the standard of care
referenced above,the ENGINEER shall be responsible for the
professional and technical accuracy for all work or services furnished
by him or his consultants and subcontractors. The ENGINEER shall
perform his work under this Agreement in such a competent and
professional manner that detail checking and reviewing by the TOWN
shall not be necessary.
(2) The ENGINEER shall not employ additional consultants, nor sublet,
assign or transfer any part of his services or obligations under this
Agreement without the prior approval and written consent of the
TOWN. Such written consent shall not in any way relieve the
ENGINEER from his responsibility for the professional and technical
accuracy for the work or services furnished under this Agreement.
(3) All consultants must be registered and licensed in their respective
disciplines if registration and licensor are required under the
applicable provisions of Massachusetts law.
(4) The ENGINEER shall not be relieved from its obligations to perform
the work in accordance with the requirements of this Agreement either
by the activities or duties of the TOWN in its administration of the
Agreement, or by inspections,tests or approvals required or performed
by persons other than the ENGINEER.
(5) ENGINEER shall not be required to sign any document, no matter by
whom requested, that would result in the ENGINEER having to
certify, guarantee, or warrant the existence of conditions whose
existence the ENGINEER cannot ascertain. TOWN agrees not to
make resolution of any dispute with the ENGINEER or payment of
any amount due to the ENGINEER in any way contingent upon the
ENGINEER signing any such document.
(6) Neither the TOWN's review, approval or acceptance of, nor payment
for any of the work or services performed shall be construed to
operate as a waiver of any rights under the Agreement or any cause of
action arising out of the performance of the Agreement.
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(7) ENGINEER shall not at any time supervise, direct, control, or have
authority over any Town contractor's (Contractor's) work, nor shall
ENGINEER have authority over or be responsible for the means,
methods,techniques, sequences, or procedures of construction
selected or used by any Contractor, or the safety precautions and
programs incident thereto, for security or safety at a construction site,
nor for any failure of a Contractor to comply with laws and
regulations applicable to that Contractor's furnishing and performing
of its work. Engineer shall not be responsible for the acts or omissions
of any Contractor.
(8) ENGINEER neither guarantees the performance of any Contractor nor
assumes responsibility for any Contractor's, failure to furnish and
perform the work in accordance with construction or other contract
documents.
(9) ENGINEER shall not be responsible for any decision made regarding
construction or other contract documents, or any application,
interpretation, clarification, or modification of the construction or
other contract documents, other than those made or modified by
ENGINEER or its consultants.
(10) ENGINEER, its consultants, and their employees and
representatives shall comply with the applicable requirements of
Contractor's and TOWNS's safety programs of which ENGINEER has
been informed in writing.
B. Deliverables, Ownership of Documents: One (1)reproducible copy of all
drawings,plans, specifications and other documents prepared by the ENGINEER
shall become the property of the TOWN upon payment in full therefor to the
ENGINEER. Ownership of stamped drawings and specifications shall not
include the ENGINEER's certification or stamp. Any re-use of such documents
without the ENGINEER's written verification of suitability for the specific
purpose intended shall be without liability or legal exposure to the ENGINEER or
to the ENGINEER's independent professional associates, subcontractors or
consultants. Distribution or submission to meet official regulatory requirements
or for other purposes in connection with the Project is not to be construed as an
act in derogation of the ENGINEER's rights under this Agreement.
C. Compliance with Laws: In the performance of the Work, the ENGINEER shall
comply with all applicable federal, state and local laws and regulations, including
those relating to workplace and employee safety.
5. Site Information Not Guaranteed
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The TOWN shall furnish to the ENGINEER available surveys, data and documents
relating to the area which is the subject of the Scope of Work. All such information, including
that relating to subsurface and other conditions,natural phenomena, existing pipes, and other
structures is from the best sources at present available to the TOWN. All such information is
furnished only for the information and convenience of the ENGINEER and is not guaranteed. It
is agreed and understood that the TOWN does not warrant or guarantee that the subsurface or
other conditions, natural phenomena, existing pipes, or other structures will be the same as those
indicated in the information furnished, and the ENGINEER must satisfy himself as to the
correctness of such information. If, in the opinion of the ENGINEER, such information is
inadequate,the ENGINEER may request the TOWN's approval to verify such information
through the use of consultants or additional exploration. In no case shall the ENGINEER
commence such work without the TOWN's prior written consent. Such work shall be
compensated as agreed upon by TOWN and ENGINEER.
6. Payments to the ENGINEER
A. Cost incurred on this project shall be billed monthly on an hourly basis as outlined
in the attached Scope of Services. Payment shall be due 30 days after receipt of
an invoice by the TOWN.
B. If there is a material change in the scope of work, the TOWN and the ENGINEER
shall mutually agree to an adjustment in the Contract Price.
C. If the TOWN authorizes the ENGINEER to perform additional services, the
ENGINEER shall be compensated in an amount mutually agreed upon, in
advance, in writing. Except in the case of an emergency,the ENGINEER shall
not perform any additional services until such compensation has been so
established.
7. Reimbursement
Except as otherwise included in the Contract Price or otherwise provided for under this
Agreement, the ENGINEER shall be reimbursed by the TOWN: (a) at 1.0 times the actual cost to
the ENGINEER of consultants retained to obtain information pursuant to Article 5 hereof or
otherwise. No such reimbursement shall be made unless the rates of compensation have been
approved, in advance, by the TOWN; (b) at 1.0 times the actual cost of additional or specially
authorized expense items, as approved by the TOWN.
8. Final Payment, Effect
The acceptance of final payment by the ENGINEER shall constitute a waiver of all
claims by the ENGINEER arising under the Agreement.
9. Terms Reauired By Law
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This Agreement shall be considered to include all terms required to be included in it by
the Massachusetts General Laws, and all other laws, as though such terms were set forth in full
herein.
10. Indemnification
A. General Liability: The ENGINEER shall indemnify and hold harmless the
TOWN from and against any and all claims, damages, losses, and expenses,
including attorney's fees, to the extent arising out of the performance of this
Agreement and to the extent the same relate to matters of general commercial
liability, when such claims, damages, losses, and expenses are caused, in whole or
in part, by the negligent or wrongful acts or omissions of the ENGINEER or his
employees, agents, subcontractors or representatives.
B. Professional Liability: The ENGINEER shall indemnify and hold harmless the
TOWN from and against any and all claims, damages, losses, and expenses,
including attorney's fees, to the extent arising out of the performance of this
Agreement and to the extent the same relate to the professional competence of the
ENGINEER's services, when such claims, damages, losses, and expenses are
caused, in whole or in part, by the negligent acts, errors or omissions of the
ENGINEER or his employees, agents, subcontractors or representatives.
1 L Insurance
A. The ENGINEER shall at his own expense obtain and maintain a Professional
Liability Insurance policy for errors, omissions or negligent acts arising out of the
performance of this Agreement in a minimum amount of$1,000,000.00.
B. The coverage shall be in force from the time of the agreement to the date when all
construction work for the Project is completed and accepted by the TOWN. If,
however,the policy is a claims made policy, it shall remain in force for a period
of six (6)years after completion.
Since this insurance is normally written on a year-to-year basis,the ENGINEER
shall notify the TOWN should coverage become unavailable.
C. The ENGINEER shall, before commencing performance of this Agreement,
provide by insurance for the payment of compensation and the furnishing of other
benefits in accordance with M.G.L. c.152, as amended,to all its employees and
shall continue such insurance in full force and effect during the term of the
Agreement.
D. The ENGINEER 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 Agreement in the event of loss or destruction
until the final fee payment is made or all data are turned over to the TOWN.
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E. The ENGINEER shall also maintain public liability insurance, including property
damage, bodily injury or death, and personal injury and motor vehicle liability
insurance against claims for damages because of bodily injury or death of any
person or damage to property.
F. Evidence of insurance coverage and any and all renewals substantiating that
required insurance coverage is in effect shall be filed with the Agreement.
ENGINEER shall provide notice of cancellation and any replacement insurance
during the term of this contract.
G. Upon request of the ENGINEER,the TOWN reserves the right to modify any
conditions of this Article.
12. Notice
All notices required to be given hereunder shall be in writing and delivered to, or mailed
first class to,the parties' respective addresses stated above. In the event that immediate notice is
required, it may be given by telephone or facsimile, but shall,to the extent possible, be followed
by notice in writing in the manner set forth above.
13. Termination
A. Each party shall have the right to terminate this Agreement in the event of a
failure of the other party to comply with the terms of the Agreement. Such
termination shall be effective upon seven days'notice to the party in default and
the failure within that time of said party to cure its default.
B. The TOWN shall have the right to terminate the Agreement without cause, upon
ten(10) days' written notice to the ENGINEER. In the event that the Agreement
is terminated pursuant to this subparagraph, the ENGINEER shall be reimbursed
in accordance with the Agreement for all work performed up to the termination
date.
14. Miscellaneous
A. Mutual Waiver of Consequential Damages: neither party including their officers,
agents, servants and employees shall be liable to the other for lost profits or any
special, indirect, incidental, or consequential damages in any way arising out of
this Agreement however caused under a claim of any type or nature based on any
theory of liability(including, but not limited to: contract, tort, or warranty) even if
the possibility of such damages has been communicated.
B. Assignment: The ENGINEER shall not assign or transfer any of its rights, duties
or obligations under this Agreement without the written approval of the TOWN.
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C. Governing Law: This Agreement shall be governed by and construed in
accordance with the law of the Commonwealth of Massachusetts.
IN WITNESS WHEREOF, the parties hereto have set their hands and seals, the TOWN by its
authorized representative who, however, incurs no personal liability by reason of the execution
hereof or of anything herein contained, as of the day and year first above written.
CDM SMITH, INC. TOWN OF WATERTOWN
David F. Young Michael J. Driscoll
Vice President Town Manager
By:
Town Attorney
By:
Town Auditor
XXXXX/XXXX/XXX
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