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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 v m QI 0. 'p \ N b d N a:- d u -a CO 4 0 a 0 8 � y Q cs �' ,.4 p p a a (17 Qc� o ili � G ro G 4 a U :F, o u � > E r rn kJ � �I (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. 2 2018- (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 3 2018- 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 4 2018- 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. 5 2018- 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. 6 2018- 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 I 7