CONTRACT-NortheastSurvey-BeaverBrook-StMarys-survey-WF-8-29-19City of Northampton, Massachusetts
Agreement between Owner and Designer for Professional
Services Beaver Brook Greenway Survey
THIS AGREEMENT, executed this 29th day of August 2019 by and between: the City of Northampton (“OWNER”),
acting through its Planning & Sustainability, 210 Main St., Northampton, MA 01060 and
Northeast Survey Consultants, PC (“DESIGNER”), 116 Pleasant Street, Suite 302, PO Box 109, Easthampton, MA 01027.
OWNER hereby agrees to engage the DESIGNER and the DESIGNER hereby agrees to perform the services hereinafter
set forth in connection with the project (hereinafter called the PROJECT).
OWNER and DESIGNER in consideration of their mutual covenants herein agree in respect of the performance of
professional services by DESIGNER and the payment for those services by OWNER as set forth below.
DESIGNER shall provide professional services for OWNER in all phases of the Project to which this Agreement applies,
serve as OWNER’S professional representative for the Project as set forth below and shall give consultation and advice to
OWNER during the performance of services hereunder.
The DESIGNER shall undertake a survey of the Beaver Brook Greenway as follows:
1.Survey 44.7 acres of land owned by the Catholic Bishop of Springfield behind the Saint Mary's Cemetery on Haydenville
Road (Route 9) in the Leeds section of Northampton, a portion of Map ID 06‐008‐001, based on the attached sketch,
subject to final adjustment once we view a draft survey, as an ANR survey.
2.Provide a separate compilation 81X perimeter survey of the above land plus:
A.The conservation land that the city owns in fee and the conservation restrictions the city owns in less than fee to
the south (Heritage Survey survey of this land at Plan Book 220, Page 26 and Plan Book 222, Page 35); and
B.The conservation land that the city owns in fee to the west that the city previously purchased from the Catholic
Bishop (said survey by Northeast Survey); and
C.A new walking easement (right‐of‐way) we will be acquiring as a ten foot strip on property owned by Peter and
Stephanie Flinker (Book 3080, Page 218) along their southerly property boundary.
D.Show all internal lines for city fee‐simple land in dashed lines with internal metes and bounds descriptions.
E.Set pins at all unmarked outsides corners of the property and mark the property boundaries of the outside edges
of the property (not internal lines for fee ownership)
Said work shall be completed by the end of December, 2019, although faster survey work is desired.
The OWNER shall pay DESIGNER for a fee of Nine Thousand Nine Hundred Seventy‐Five Dollars ($9,975) for this work
upon completion of the survey. The work for the first ANR survey and the final survey can be billed as progress
payments. The fee shall not be increased unless a contract amendment increases the scope of work.
Upon completion of the survey services, all surveys shall be provided with one Mylar, six paper copies, an electronic PDF,
and an electronic AutoCAD file, with the city owning the rights to use, copy, and make public all surveys and publics.
This Agreement is to be governed by the General Laws of Massachusetts. OWNER AND DESIGNER each binds himself and
his partners, successors, executors, administrators, assigns and legal representatives to the other part to this Agreement
and to the partners, successors, executors, administrators, assigns and legal representatives of such other party, in respect
to all covenants, agreements and obligations of this Agreement.
Contract Number: below contract threshold
Neither OWNER nor DESIGNER shall assign, sublet or transfer any rights under or interest in (including, but without
limitation, moneys that may become due or moneys that are due) this Agreement without the written consent of the
other, except that the effect of this limitation may be restricted by law. Unless specifically to the contrary in any written
consent to an assignment, no assignment will release or discharge the assignors from any duty or responsibility under this
Agreement.
Nothing herein shall be construed to give any rights or benefits hereunder to anyone other than OWNER and DESIGNER.
DESIGNER will attach and make a part of this agreement a Certificate of Insurance showing coverage for Worker’s
Compensation in the amounts required by statue and coverage for Professional Liability in the amount of $50,000.00 or
the fee for basic services, whichever is greater.
Pursuant to M.G.L. Chapter 62C, Section 49A, I certify under the penalties of perjury that I, to my best knowledge and
belief, have complied with all laws of the commonwealth relating to taxes, reporting of employees and contractors, and
withholding and remitting child support.
I further authorize the City of Northampton to deduct from the amounts due under this contract, any overdue taxes, real
or personal, or any other fees due to the City of Northampton from the vendor which become due and payable by the
vendor or its officers, directors or agents during the term of this contract or until the final amounts due under this contract
are paid in full.
The vendor does NOT have a Northampton office.
IN WITNESS WHEREOF the Owner caused these presents to be signed by Wayne Feiden, Director of Planning &
Sustainability and the said DESIGNER has caused these presents to be signed and its official seal to be hereto
affixed by its officer or agent thereunto duly authorized (by the attached corporate resolution). This instrument shall
take effect as a sealed instrument.
Northeast Survey
it's President 27-0888653 08/29/2019
Authorized Signatory Title Taxpayer ID (attach W-9) Date
Daniel F Stasz
Certificate by Corporation to Sign Contract (or include as attached letter)
At a duly authorized meeting of the Board of Directors of Northeast Survey held on September 09,2009 , at
which all the Directors were present or waived notice, it was voted that, Daniel F Stasz
Presedent (title) of this company, be and he/she hereby is authorized to execute contracts and bonds in the name
and behalf of said company, and affix its Corporate Seal thereto, and such execution of any contract or obligation in this
company’s name on its behalf by such under seal of the company, shall be valid and binding upon this company,
A TRUE COPY, ATTEST: Daniel F Stasz (Clerk)
PLACE OF BUSINESS: 116 Pleseant St, Suite 302, Easthampton MA,01027
DATE OF THIS CONTRACT:
I hereby certify that I am the clerk of the above named business and that the above named officer is the duly elected
President of said company, and the above vote has not been amended or rescinded and remains in full force
and effect as of the date of this contract.
NSC
(CLERK) (CORPORATE SEAL)
City of Northampton:
Wayne Feiden, FAICP, Director of Planning & Sustainability