ProTerra-CONTRACT-WheelChairCurbCutRamps-WF-R9-5-19Contract Number:____________________
Budget Code: _______________________
Vendor Number:_____________________
City of Northampton, Massachusetts
Agreement between Owner and Engineer for Professional Services
Wheelchair Curb Cut Ramps Design
THIS AGREEMENT, executed this day of September 2019 by and between:the City of Northampton (“OWNER”), acting through itsPlanning & Sustainability, 210 Main St., Northampton, MA 01060
and
ProTerra Design Group, LLC. (“ENGINEER”), 4 Bay Road, Bldg A., Suite 200, Hadley, MA 01035
OWNER hereby agrees to engage the ENGINEER and the ENGINEER hereby agrees to perform the services hereinafter set forth in connection with the project (hereinafter called the PROJECT).
OWNER and ENGINEER in consideration of their mutual covenants herein agree in respect of the performance of professional services by ENGINEER and the payment for those services by OWNER
as set forth below.
ENGINEER 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 ENGINEER shall undertake engineering, survey (with Northeast Survey Consultants as the survey sub-contractor), design, permitting, specifications, estimates, bid review, contractor
questions, and construction administration of thedesign of 32 wheelchair curb cut ramps, in accordance with the attached:
Wheelchair Curb Cut Ramps list (list of 32 wheelchair ramp locations)
Northeast Survey Consultants, PC, June 13, 2019 proposal “ADA Ramp Design Survey, Northampton, MA”
ProTerra Design Group, LLC, June 11, 2019 proposal “Northampton Ramps Project, Project Manpower Boudget”
SECTION 1 – BASIC SERVICES OF ENGINEER
GENERAL: ENGINEER shall perform professional services as hereinafter stated.
SCOPE OF SERVICES
Prior to initiating location survey and boring subcontract work, if any, ENGINEER will review pertinent available information which may reduce survey and/or boring requirements.
ENGINEER will coordinate the location survey of the area needed for the PROJECT.
RESERVED
ENGINEER will prepare construction plans (scale) and specifications for the PROJECT.
ENGINEER will submit plans and specifications to the City.
ENGINEER will, upon receipt of all comments, prepare final contract documents.
ENGINEER will assist the City in the bidding process and prepare addenda as necessary. Assist in the Award of Construction Contract to the lowest qualified bidder.
ENGINEER will serve as a consultant or witness for OWNER in any litigation, public hearing of other legal or administrative proceeding involving the Project for a period of time extending
one year past the completion of the Project and its acceptance by the City as an additional service for a mutually agreed fee compensation between the parties.
SECTION 2 – ADDITONAL SERVICES OF ENGINEER
2.1GENERAL: Amendments or changes to this contract involving an increase in cost will be negotiated between OWNER and ENGINEER.
SECTION 3 – OWNER’S RESPONSIBILITIES
Owner shall:
3.1Provide ENGINEER with all available information in his possession regarding the Project. The OWNER does not guarantee the accuracy of information furnished and the ENGINEER must
satisfy himself as to the correctness of data.Owner shall furnish any available information, requirements, reports, data, and instructions required by this Agreement. It is understood
that the Engineer and its consultants may use or rely upon this supplied information and data ordinarily and customarily furnished by others to complete the work. The Engineer and its
Consultants may use such information and is entitled to rely upon the reasonable accuracy and completeness thereof.
3.2Supply ENGINEER with any necessary permits not covered under Section 1 of this contract.
SECTION 4 – PERIOD OF SERVICE
4.1ENGINEER shall present the OWNER for the latter’s approval with a Project completion schedule. The approved Project completion schedule shall become part of this contract. Any changes
to this schedule during the course of the Project need the owner’s approval.
SECTION 5 – PAYMENTS TO ENGINEER
5.1METHOD OF PAYMENT FOR SERVICES AND EXPENSES OF ENGINEER OWNER shall pay ENGINEER for Basic Services rendered under Section 1.2 a fee of Twenty-Eight Thousand Two Hundred Eighty-Five
Dollars ($28,285.00). The fee shall not be increased unless a contract amendment increases the scope of work provided under Section 1.2.
5.2TIMES OF PAYMENT. ENGINEER shall submit a monthly invoice for Basic Services rendered. The amount of ENGINEER’S fee billed will be based upon ENGINEER’S estimate, with the OWNER’S
concurrence, of the proportion of the total services actually completed at the time of billing.Payment will be due to the ENGINEER within sixty days of submittal to the OWNER. The compensation
due the ENGINEER shall not be subject to retainages by the OWNER.
5.3OTHER PROVISIONS CONCERNING PAYMENTSIn the event of termination by OWNER under Paragraph 6.1 upon the completion of any phase of the Basic Services, progress payments due ENGINEER
for services rendered through such phase shall constitute total payment for such services. In the event of such termination by OWNER during any phase of the Basic Services, ENGINEER
will be paid for services rendered during that phase on the basis of a prorated percentage of the fee.
SECTION 6 – GENERAL CONSIDERATIONS
6.1TERMINATION: The obligation to provide further services under this Agreement may be terminated by the OWNER upon fourteen calendar days with written notice for any reason.
6.2REUSE OF DOCUMENTS: Upon completion of the basic services as described under Section 1, all plans and documents shall be turned over to the OWNER. Any reuse without written verification
or adaption by ENGINEER for the specific purpose intended will be at OWNER’S sole risk and without liability or legal exposure to ENGINEER.
6.3CONTROLLING LAW: This Agreement is to be governed by the General Laws of Massachusetts.
6.4SUCCESSORS AND ASSIGNS6.4.1OWNER AND ENGINEER 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.
6.4.2Neither OWNER nor ENGINEER 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.
6.4.3Nothing herein shall be construed to give any rights or benefits hereunder to anyone other than OWNER and ENGINEER.
6.5INSURANCE: ENGINEER 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.
The City of Northampton is not bound by this contract until approved by the Mayor of Northampton.
IN WITNESS WHEREOF the Owner caused these presents to be signed in triplicate and approved by David Narkewicz its Mayor and the said ENGINEER has caused these presents to be signed in
triplicate 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.
ProTerra Design Group, LLC, ENGINEERit's _________________________________ __/___/2019
Authorized SignatoryTitleTaxpayer ID (attach W-9)Date
Certificate by Corporation to Sign Contract (or include as attached letter)
At a duly authorized meeting of the Board of Directors of theProTerra Design Group, LLC, held on , at which all the Directors were present or waived notice, it was voted that,(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: (Clerk)
PLACE OF BUSINESS:
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 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.(CLERK) (CORPORATE SEAL)
CITY OF NORTHAMPTON:
______________________Date ____________
Wayne Feiden, FAICP, Director of Planning & Sustainability
_______________________Date ___________
Joyce Karpinski, City Auditor, approved as to appropriation.
_______________________Date ____________
Joe Cook, Chief Procurement Officer, approved as to c. 30B compliance
_______________________Date____________
Mayor David Narkewicz