REQUEST FOR QUALIFICATIONS

(RFQ)

LANDSCAPE ARCHITECTURE SERVICES

Old Burying Ground and Common St. Cemetery

CONTRACT #2026-109

April 1, 2026

Contact Julie Knight

Address Chief Procurement Officer Watertown City Hall 149 Main Street Watertown, MA 02472

Telephone Number: 617-972-6414

Email Purchasing@Watertown-ma.gov

Watertown City Hall 149 Main Street, Watertown, MA 02472

Landscape Architecture RFP City of Watertown (MA)

Contract #2026-109 1 mailto:Purchasing@Watertown-ma.gov

Table of Contents

1. Introduction …………………………………………………. 3

2. Submission Deadline and Instructions ………………………. 2

3. Questions, Addendum or Proposal Modifications …………... 4

4. Background Information……………………………………... 5

5. Scope of Services ……………………………………………. 6

6. Proposal Submission…………………………………………. 9

7. Minimum Criteria/Qualifications …..……..………………… 9

8. Comparative Evaluation Criteria ……..…..…………………. 10

9. Awarding of Contract ……..………………………………… 12

Certifications ………………………………………………..…. 13

Standard City of Watertown Contract.…………………………. 15

Landscape Architecture RFP City of Watertown (MA)

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1. Introduction

The City of Watertown (MA) invites proposals from qualified individuals/firms to provide Landscape Architectural Services for the old burial ground and the common street cemetery. Each Proposal shall be submitted in accordance with the Submission Requirements within the RFQ and M.G.L. c. 30B, §6

The RFQ will be bid ELECTRONICALLY. Bid documents, forms, specifications and conditions, and bid guidelines will be available online from www.projectdog.com website starting at Noon on Wednesday April 1, 2026. To obtain documents, log on to the website at www.projectdog.com and click “Sign Up” or login with ,your existing account. Put the Project Code 873813 in the box found in the upper right corner of the screen. Select “Acquire Documents” at the bottom of the page to download the RFQ. Questions regarding the website or project distribution should be directed to Projectdog at 978-499- 9014.

Proposers shall submit a technical, or non-price proposal which includes everything responsive to this RFQ. This technical, or non-price should be clearly marked “RFQ 873813 Technical Proposal” and submitted electronically. The price proposal shall be submitted in a separate electronic file and should be clearly marked “RFQ 873813 Price Proposal.”

RFQ Deadline: Proposals are due through the Project Dog submission portal by Thursday April 16, 2026 10:30 AM. Hand delivered proposals will not be accepted.

Notice of this RFQ is published in the Goods & Services Bulletin (which is a weekly publication of the Office of the Secretary of the Commonwealth), COMMBUYS (the Commonwealth of Massachusetts’ electronic market center), and the Boston Herald (a newspaper of general circulation).

The City of Watertown reserves the right to accept any proposal, in whole or in part, to reject any/or all proposals and to waive minor irregularities and/or informalities as it deems to be in the best interest of the City. The city is an Equal Opportunity Employer and encourages MBE/WBE/DBE participation in response to the bid process.

2. Submission Deadline and Instructions

This is not a price competition, but rather the City’s decision will be based upon qualifications and experience of the individual/firm. The city will initially evaluate and score all proposals. The city may schedule interviews with the top ranked candidates as part of the evaluation process. The city will rank the finalists based on consideration of the minimum criteria/qualifications, the comparative evaluation criteria, and the interview (if applicable).

A. Non-Price (Technical) Proposal Format

Responses must be submitted in accordance with the requirements set forth in this solicitation. Results of the proposal review process will be utilized to establish a preliminary ranking of the proposers. The City may interview the top ranked candidates as part of the evaluation process. All information in the technical proposal should be organized and presented as directed.

Landscape Architecture RFP City of Watertown (MA)

Contract #2026-109 3 http://www.projectdog.com/

Qualified individuals/firms are requested to submit proposals Titled “Janitorial Services” with the applicant’s name and address on the front page of the document. Applicants should provide one (1) signed electronic proposal to the Project Dog submission instructions in this RFQ using project code 873813 Hand delivered proposals will not be accepted.

Applicants must execute and include the Certificate of Vote, Certificate of Non-Collusion, and the Certificate of Tax Compliance in their Non-Price Proposal

B. Price Proposal Format

Proposers are to submit price proposals separately through the Project Dog submission instructions in this RFQ using project code 873813 and be clearly Titled “PRICE PROPOSAL”. The price proposal shall include the estimated fee to complete the Scope of Services, estimated hours necessary to complete the work, and include a budget for direct expenses. Project fees shall include all costs and expenses (including materials, copying/printing, travel/mileage, etc.) necessary to complete the Scope of Services outlined in this RFQ. Also include an hourly rate for personnel to be assigned to the project in the event additional work is needed. The final fee shall be negotiated with the selected firm after the selection process is complete.

Proposals must be signed as follows: a) if the bidder is an individual, by the bidder personally; b) if the bidder is a partnership, by the name of the partnership, followed by the signature of each general partner;

and c) if the bidder is a corporation, by the authorized officer, whose signature must be attested to by the Clerk/Secretary of the corporation and the corporate seal affixed.

The RFQ will be bid ELECTRONICALLY. Bid documents, forms, specifications and conditions, and bid guidelines will be available online from www.projectdog.com website starting at Noon on Wednesday April 1, 2026. To obtain documents, log on to the website at www.projectdog.com and click “Sign Up” or login with ,your existing account. Put the Project Code 873813 in the box found in the upper right corner of the screen. Select “Acquire Documents” at the bottom of the page to download the RFQ. Questions regarding the website or project distribution should be directed to Projectdog at 978-499- 9014.

RFQ Deadline: Proposals are due through the Project Dog submission portal by Tuesday April 16, 2026 10:30 AM. Hand delivered proposals will not be accepted.

3. Questions, Addendum or Proposal Modification

Questions concerning this RFQ must be submitted by email to Purchasing@Watertown-ma.gov. All questions/inquiries must be received by 12:00 p.m. on April 8, 2026, to be considered. Questions/inquiries must be emailed to procurement@watertown-ma.gov. Written responses will be provided, by Addendum via www.projectdog.com by Noon on Monday April 10,2026

If any changes are made to this RFQ, an addendum will be provided to all those individuals/firms that have requested a copy of the RFQ.

Landscape Architecture RFP City of Watertown (MA)

Contract #2026-109 4 http://www.projectdog.com/ http://www.projectdog.com/ mailto:Purchasing@Watertown-ma.gov

The City of Watertown accepts no liability for and will provide no accommodation to bidders who fail to adhere to any addendum and/or modifications to this RFQ and subsequently submit inadequate incorrect responses. Bidders may not alter (manually or electronically) the RFQ language or any RFQ component files. Modifications to the body of the RFQ, scope of work, terms and conditions, or which change the intent of this RFQ are prohibited and may disqualify a response.

All proposals submitted in response to this RFQ shall remain firm for thirty (30) days following the submittal deadline. It is anticipated that the contract(s) will be awarded within thirty (30) days after the submittal deadline.

Bidders are not to communicate directly with any employee of the City of Watertown, except as specified in this RFQ, and no other individual employee or representative is authorized to provide any information or respond to any question or inquiry concerning this RFQ.

Bidders with disabilities or hardships that seek reasonable accommodation, which may include the receipt of RFQ information and/or addendum and/or modifications in an alternative format, must communicate such requests in writing to the contact person, and reasonable accommodation will be made by agreement with the contact person on behalf of the City of Watertown.

1. Site Project Background The City of Watertown's Community Preservation Committee (CPD) funded the "Old Burying Ground & Common Street Cemetery Preservation Plan" (July 2024) that included:

(1) existing conditions (for the graves, tombs, walls, fences, and landscape)

(2) recommendations for preservation,

(3) cost estimates, and

(4) management guidelines.

The Plan also includes recommendations to enhance roads, paths, entrances, and slopes around entrances and paths.

Following this Scope of Work, the City will begin implementing the restoration as outlined in the Preservation Plan and the construction documents developed as part ofthis scope of work.

2. Scope of Work & Timeline The Consultant's Scope of Work for the next phase of this project is to develop schematic and construction drawings for the Old Burying Ground (OBG) and the Common Street Cemetery (CSC) to enhance the roads, paths, entrances, and slopes at the entrances and paths.

The key project tasks include the following:

• Task 1: Kickoff (May 2026) o Discuss overall project scope, timeline, and roles with the core project team, including the DCDP and DPW Staff and Historical Society representatives

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Contract #2026-109 5 o Review "Old Burying Ground & Common Street Cemetery Preservation Plan" o Site visit to both sites at the beginning of the overall process

• Task 2: Schematic Design (Spring 2026) o Develop schematic designs for the two cemeteries, that include base maps for each site o Develop preliminary cost estimates

• Task 3: Design Development (Summer 2026) o Develop site demolition plan, layout, materials, grading plan, utilities, and other details for each site o Update cost estimates

• Task 4: Construction Documents (Summer-Fall 2026) o Prepare construction drawings with site demolition plan, layout, materials, grading plan, utilities, and other details for each site o Finalize cost estimates o Submit construction drawings for City Review and meet with key City

Departments, such as DPW Engineering, Parks & Cemeteries, and Forestry Divisions

• Task 5: Bid Administration (Fall 2026) o Prepare bid package and work with the City of Watertown's Procurement

Department to develop and release the bid o Review bid, call references, and prepare summary memo of results

The consultant project team, including the consultants and City staff, will meet to review the designs as part of each key task. DCDP will bring in other departments, such as DPW to the meetings and review process. The consultant team may be comprised of landscape architects and cemetery restoration experts to help complete these tasks.

The City will supply any background materials and maps for the cemeteries that are available.

Meetings & Deliverables

• Monthly Client Meetings and meeting notes (estimate 6-8 meetings)

• Presentations to Community Preservation Committee- in person (1-2 meetings)

• Schematic Design

• Construction Documents: Construction Drawings and Construction Documents

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3. Proposal Submission In their proposal submission, the Consultant shall provide information to show the Consultant has the experience and qualifications to perform the required tasks. The proposal must include:

A. Approach and Methodology - The Consultant shall provide a 2-3-page description of the approach to be taken toward completion of the Scope of Services including a proposed schedule timeline of project tasks, deliverables, and a line-item budget for each task with a total cost.

B. Consultant's Experience - The Consultant shall provide a description of relevant previous project experience the individual/firm, and of any proposed subcontractors, have to perform the Scope of Services.

C. Project Team - Qualifications and experience of the Consultant, including any potential subcontractors. Please identify the team members, and their role in the project, including who will act as primary contact. Provide the qualifications and resumes for all of the team members who will be assigned to the project.

D. References - List a minimum of three (3) completed projects performed by Consultant (in the past five years) and scope that would best illustrate qualifications for this project. The list must include the municipality's name, contact person(s), email address(es), and telephone number(s). The City has express permission to contact these people, either by phone, written correspondence (including email) or in person, as to past performance.

2. Minimum Criteria/ Qualifications Each applicant must demonstrate that it meets the following minimum qualifications:

A. Minimum of five years' experience in providing the required scope of services. In documenting this qualification, the Consultant should describe the professional background of the firm and the extent of previous experience of firm personnel or consultants to be assigned to the project and identify the anticipated role that each will/might play in assigned projects.

B. Provide detailed description, no more than one page each, of three similar historic cemeteries or landscapes design projects, on which the applicant has performed related services, identifying the personnel who worked on them and stating whether those individuals will be assigned to this project.

C. Be familiar with historic working and design of historic cemeteries in the Northeast.

D. Ability to prepare schematic and construction drawings suitable for construction.

E. Submission of required statements and forms.

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4. Comparative Evaluation Criteria All proposals meeting the minimum criteria/qualifications will then be evaluated based upon the specific comparative evaluation criteria. The following point schedule will be utilized:

Highly advantageous 5 points Advantageous 3 points Least Advantageous 1 point Not Advantageous 0 points *

* Proposal is automatically eliminate from further consideration if "0 points" is received in any category.

A. Consultant Experience: Successful years of experience of Consultant in managing the development and approval of a plan under MGL c121B, or similar regulations, in a municipality of similar size to Watertown (more than 30,000 in population):

♦ Ten years (10) or more years of landscape architecture experience will be considered Highly Advantageous (5 points)

♦ Five (5) to nine (9) years of landscape architecture experience will be considered Advantageous (3 points)

♦ One (1) to four (4) years of master planning experience will be considered Least Advantageous (1 point)

♦ No master planning experience be considered as Does Not Meet (0 points and elimination from further consideration)

B. Project Management Experience: Successful experience of Consultant in managing construction projects.

♦ Experience in completing seven or more contracts will be considered Highly

Advantageous (5 points) ♦ Experience in completing three to six contracts will be considered Advantageous (3 points) ♦ Experience in completing one or two contracts will be considered Least

Advantageous (1 point) ♦ No experience in completing a contract will be considered as Does Not Meet (0 points and elimination from further consideration)

C. Project Design and Availability: Ability of the Consultant to begin work immediately and maintain an intensive schedule to meet the City's timetable for the Plan:

♦ Able to devote sufficient resources to complete the project according to the City's timetable will be considered Highly Advantageous (5 points) ♦ Information provided leaves uncertainty of ability to devote sufficient resources and to meet the City's timetables will be considered Advantageous (3 points)

♦ Demonstrate limited ability, but may be able to devote sufficient resources to complete the project in accordance with City's timetable will be considered Least Advantageous (1 point)

♦ Unable to devote sufficient resources to meet the City's timetable will be

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Contract #2026-109 8 considered as Does Not Meet (0 points and elimination from further consideration)

D. Team Knowledge and Experience: Demonstrated team knowledge and experience in preparation of schematic and construction documents or similar regulations in other jurisdictions or municipalities:

♦ Key staff has substantial knowledge and experience in the areas necessary for managing preparation of schematic and construction documents or similar regulations, will be considered Highly Advantageous (5 points)

♦ Key staff has substantial knowledge and experience in most areas necessary for managing preparation of schematic and construction documents , or similar regulations, but falling short of experience in one or more areas will be considered Advantageous (3 points)

♦ Key staff lacks sufficient knowledge and/or experience in many areas necessary for managing preparation of schematic and construction documents , or similar regulations, will be considered Does Not Meet (0 points and elimination from further consideration)

E. Staffing Plan and Methodology:

♦ The plan of services proposes a detailed, logical, and highly efficient scheme for producing schematic and construction documents that addresses all of the required issues will be considered Highly Advantageous (5 points)

♦ The plan of services proposes a credible scheme for producing schematic and construction documents that addresses all of the required issues will be considered Advantageous (3 points)

♦ The plan of services is not sufficiently detailed to fully evaluate will be considered Least Advantageous (1 point)

♦ The plan of services does not contain all the components necessary to produce a schematic and construction document that address all of the required issues will be considered as: Does Not Meet (0 points and elimination from further consideration)

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SUPPLEMENTAL SPECIFICATION

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CERTIFICATIONS

CERTIFICATE OF NON-COLLUSION

The undersigned certifies under penalties of perjury that this bid or proposal has been made and submitted in good faith and without collusion or fraud with any other person. As used in this certification, the word “person” shall mean natural person, business, partnership, corporation, committee, union, club or other organization, entity, or group of individuals.

Signature Date

Print Name & Title Company Name

CERTIFICATE OF TAX COMPLIANCE

Pursuant to Chapter 62C of the Massachusetts General Laws, Section 49A (b), I

, authorized signatory for Name of individual Name of firm/contractor do hereby certify under the pains and penalties of perjury that said firm/contractor has complied with all laws of the Commonwealth of Massachusetts, and the City of Watertown, relating to taxes, permit or other fees, reporting of employees and contractors, and withholding and remitting child support.

Signature Date

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CERTIFICATE OF VOTE

At a duly authorized meeting the Board of Directors of the held on it was

VOTED, THAT

(Name) (Officer) of be and hereby is authorized to execute contracts and bonds in the name and on behalf of said , and affix its corporate seal hereto; and such execution of any contract or obligation in the name of on its behalf by such officer under seal of , shall be valid and binding upon

I hereby certify that I am the clerk of the above named and that is the duly elected officer as above of said

, and that the above vote has not been amended or rescinded and remains in full force and effect as the date of this contract.

(Date) (Clerk/Secretary of Corporation)

Contract #2026-109 12

MASSACHUSETTS REGISTERED PRINCIPAL OF FIRM RESPONSIBLE FOR THIS

PROJECT IS: ___________________________________________________

In accordance with the provisions of the MGL c29, §29A(4), I hereby certify that a resume of the Designer has been filed with the Designer Selection Board.

In accordance with Chapter 7, §38H(e), I further certify that the DESIGNER has not given, offered or agreed to give any person, corporation, or other entity any gift, contribution or offer of employment as an inducement for, or in connection with, the award of the contract for design services; no consultant to or subcontractor for the DESIGNER; and no person, corporation or other entity, other than a bonafide full-time employee of the DESIGNER, has been retained or hired by the DESIGNER to solicit for, or in any way assist, the DESIGNER in obtaining the contract for design services upon an agreement or understanding that such person, corporation or other entity be paid a fee or other consideration contingent upon the award of the contract to the DESIGNER. I also certify that under the pains and penalties of perjury that the Designer has not offered, given, or agreed to give, received, accepted, or agreed to accept, any gift, contribution, or any financial incentive whatsoever to or from any person in connection with the contract. As used in this certification, the word “person” shall mean any natural person, business, partnership, corporation, union, committee, club, or other organization, entity or group of individuals.

Furthermore, the Designer certifies under the penalties of perjury that throughout the duration of the contract, it will not have any financial relationship in connection with the performance of this contract with any materials manufacturer, distributor or vendor.

Signed under the pains and penalties of perjury this ___ day of February, 2025.

By: _____________________________

Contract #2026-109 13

MGL CHAPTER 37, §38H

DESIGNER SELECTION LAW

TRUTH IN NEGOTIATIONS CERTIFICATE

[To be used when the Designer’s or Consultant’s Fee is negotiated.]

_________________________________ of _____________________________ (Name of Designer/Consultant) (Address) hereby certify, in connection with the Agreement between ________________________ (Designer/Consultant) and the City of Watertown, pursuant to the provisions of MGL c7, §38H:

(i) That the wage rates and costs used to support the designer’s/consultant’s compensation are accurate, complete and current at the time of contract; and

(ii) That I/we agree that the original contract price and any additions to the contract price may be adjusted within one year of completion of the contract to exclude any significant amounts if the Commissioner of DCAM determines that the fee was increased by such amounts due to inaccurate, incomplete or non-current wage rates or other costs.

By: ______________________________

(Signature)

Contract #2026-109 14

MASSACHUSETTS REGISTERED PRINCIPAL OF FIRM RESPONSIBLE FOR THIS

PROJECT IS: ___________________________________________________

In accordance with the provisions of the MGL c29, §29A(4), I hereby certify that a resume of the Designer has been filed with the Designer Selection Board.

In accordance with Chapter 7, §38H(e), I further certify that the DESIGNER has not given, offered or agreed to give any person, corporation, or other entity any gift, contribution or offer of employment as an inducement for, or in connection with, the award of the contract for design services; no consultant to or subcontractor for the DESIGNER; and no person, corporation or other entity, other than a bonafide full-time employee of the DESIGNER, has been retained or hired by the DESIGNER to solicit for, or in any way assist, the DESIGNER in obtaining the contract for design services upon an agreement or understanding that such person, corporation or other entity be paid a fee or other consideration contingent upon the award of the contract to the DESIGNER. I also certify that under the pains and penalties of perjury that the Designer has not offered, given, or agreed to give, received, accepted, or agreed to accept, any gift, contribution, or any financial incentive whatsoever to or from any person in connection with the contract. As used in this certification, the word “person” shall mean any natural person, business, partnership, corporation, union, committee, club, or other organization, entity or group of individuals.

Furthermore, the Designer certifies under the penalties of perjury that throughout the duration of the contract, it will not have any financial relationship in connection with the performance of this contract with any materials manufacturer, distributor or vendor.

Signed under the pains and penalties of perjury this ___ day of February, 2025.

By: _____________________________

Contract #2026-109 34

MGL CHAPTER 37, §38H

DESIGNER SELECTION LAW

TRUTH IN NEGOTIATIONS CERTIFICATE

[To be used when the Designer’s or Consultant’s Fee is negotiated.]

_________________________________ of _____________________________ (Name of Designer/Consultant) (Address) hereby certify, in connection with the Agreement between ________________________ (Designer/Consultant) and the City of Watertown, pursuant to the provisions of MGL c7, §38H:

(i) That the wage rates and costs used to support the designer’s/consultant’s compensation are accurate, complete and current at the time of contract; and

(ii) That I/we agree that the original contract price and any additions to the contract price may be adjusted within one year of completion of the contract to exclude any significant amounts if the Commissioner of DCAM determines that the fee was increased by such amounts due to inaccurate, incomplete or non-current wage rates or other costs.

By: ______________________________

(Signature)

Contract #2026-109 35

ATTACHMENT A: Scope of Services

The Architect/Designer will be responsible for, but not limited, to providing the following services:

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ATTACHMENT B: Fee Proposal

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THIS AGREEMENT made this ____ day of May, 2026 by and between the City of Watertown (MA), a municipal corporation duly organized under the laws of Massachusetts and having a usual place of business at 149 Main Street, Watertown MA 02472, hereinafter referred to as the “CITY”, and ___________________, a company having a usual place of business at _____________________________________, acting as Project Architect or Project Engineer, hereinafter referred to as the “DESIGNER”.

ARTICLE 1: PRELIMINARY RECITALS

1.1 The City seeks to obtain certain design services associated with the design and engineering services for Architect/Design Services for Old Burying Ground and Common St. Cemetery:

Landscape Architecture Services (“the Project”).

1.2 The Designer possesses the expertise to perform and/or coordinate such services in a timely and professional manner.

1.3 The scope of services is set forth in Attachment A.

ARTICLE 2: DEFINITION OF TERMS

2.1 GENERAL LAWS – the General Laws of the Commonwealth of Massachusetts as amended, including any rules, regulations and administrative procedures implementing said laws.

2.2 DESIGNER – the individual or firm performing professional services under this

AGREEMENT.

2.3 PRINCIPALS – the registered professional Architects or Engineers listed in ARTICLE 17.

2.4 NOTICE TO PROCEED – written communication from the Awarding Authority, constituting an essential condition of this AGREEMENT, authorizing the Designer to perform services for the project phase to which such Notice shall relate. The Notice to Proceed shall include the basis for compensation, the fixed limit construction cost, if any, and may include the time of submittal. Subsequent written communications amending the Notice to proceed are required to change either a submittal date or the fixed limit construction cost. Proceeding with various phases of contract work is contingent upon the Awarding Authority or its designees' satisfaction with and acceptance of services performed for each phase.

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2.5 SUBMITTAL DATES – those dates referred to in the Notice to Proceed or any subsequent amendment thereto.

2.6 CONSTRUCTION CONTRACT – contract for construction of a whole or part of the project, including all change orders.

2.7 TOTAL CONSTRUCTION COST – the sum of the actual construction contract award price and each authorized change order revising the construction contract award price. The construction contract award price shall be the same as the construction price of the lowest responsible and eligible bidder.

2.8 AWARDING AUTHORITY – The City Manager having authority to award design and construction contracts in connection with the Project.

2.9 PROJECT – the building project for which designer services have been procured under this

AGREEMENT, and which is identified in ARTICLE 1.

ARTICLE 3: CONSULTANTS, SUBCONTRACTING, SUCCESSORS AND ASSIGNS

3.1 The Designer shall not employ additional consultants not named in the proposal(s) nor sublet, assign or transfer any part of his services or obligations under this AGREEMENT without the prior approval and written consent of the Awarding Authority. The Awarding Authority shall not unreasonably withhold such approval. Written consent shall not in any way relieve the Designer from his responsibility for the professional and technical accuracy and the coordination of all data, designs, drawings, specifications, estimates and other work or materials furnished.

3.2 Except as otherwise provided in this AGREEMENT or authorized by the Awarding

Authority, the Designer shall employ within the basic fee for this project the following consultants where their specific services are required: Architect, Structural Engineer, Civil Engineer, Sanitary Engineer, Mechanical Engineer, Landscape Architect, Cost Estimator, and Electrical Engineer, and any other consultant specifically listed in the proposal.

Consultants must be registered in their respective disciplines if registration is required under the applicable Massachusetts General Laws.

3.3 When the Designer receives payment from the Awarding Authority, the Designer shall promptly make payment to each consultant whose work was included in the work for which payment was made by the City. The Awarding Authority shall have the contractual right, but not the obligation, to require corrective measures necessary for the best interests of the City.

ARTICLE 4: SURVEYS, BORINGS, TESTS, LABORATORIES, PHOTOGRAPHS

4.1 The Awarding Authority shall furnish to the Designer available surveys of the project building site, showing the grades and lines of streets, pavements and adjoining properties;

the rights, restrictions, easements, boundaries and controls of the site, or sites; reports from

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Contract #2026-109 18 any borings, test pits, chemical, mechanical or other tests, any photographs and information as to water, sewer, electricity, steam, gas, telephone and other services.

4.2 The Awarding Authority does not guarantee the accuracy of information furnished and the

Designer must satisfy themselves as to the correctness of data, except in instances where written exception to the contrary is specifically indicated by the Awarding Authority. If the above data are not available or they are in the opinion of the Designer insufficient, the Designer, upon request, may be given authorization to obtain the services of a consultant or perform the work with his own employees. In no case shall the Designer commence such work without prior written authorization of the Awarding Authority.

4.3 During the construction phase of this contract, the Designer may retain the services of a photographer, a qualified testing laboratory, and special field inspectors when required by the project, subject to the prior approval of the Awarding Authority or its designee.

4.4 If a consultant's services estimated to cost more than $25,000 are required, including the services of a qualified testing laboratory functioning under the jurisdiction of both a Massachusetts registered Engineer and licensed inspectors, a detailed description of the proposed services shall be prepared by the Designer and approved by the Awarding Authority. Consultant fee proposals shall be received by the Designer and accompanied by recommendations of approval submitted to the Awarding Authority before any work is authorized. Such consultants shall carry adequate Liability Insurance. When a consultant's services are estimated to cost $25,000 or less, the Designer shall use established standard rates for such services.

4.5 Drawings and/or specifications needed to obtain survey or subsoil information, and any other soils engineering shall be prepared by the Designer as part of the basic fee. The Designer shall then analyze and evaluate such surveys and tests and make his design conform to the results of such evaluation.

4.6 The Awarding Authority will compensate and reimburse the Designer as provided in

ARTICLE 10 for the cost of consultant services performed under this Article. For responsibility, coordination inspection, analysis and evaluation of consultant services retained under this ARTICLE, the Designer shall similarly be compensated as provided by

ARTICLE 10.

ARTICLE 5: COMPLIANCE WITH LAWS

5.1 The Designer shall perform the work required under this AGREEMENT in conformity with all requirements and standards of the Awarding Authority, all applicable laws, statutes, ordinances, by-laws, codes, rules and regulations, and executive orders of the Commonwealth and its political subdivisions, and the Federal Government. The Construction Documents shall comply with all applicable laws, statutes, ordinances, by-laws, codes, rules and regulations, and executive orders. The Designer, including all approved consultants and subcontractors, shall comply with all applicable provisions of the rules and regulations of the President's Committee on Equal Employment Opportunity and

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Procedures promulgated by the Governor of Massachusetts or his designees, insuring equal opportunity for employees and minority and women-owned business enterprises.

ARTICLE 6: PROFESSIONAL RESPONSIBILITY

6.1 The Designer shall be responsible for the professional and technical accuracy and the coordination of all designs, drawings, specifications, estimates and other work furnished by him or his consultants and subcontractors. The Designer shall staff his office with sufficient personnel to complete the services required under this contract in a prompt and continuous manner and shall meet the approval schedule and submittal dates established during this AGREEMENT.

The Designer shall commence work under this AGREEMENT upon written notice to proceed issued by the Awarding Authority in conformance with the provisions of Section

2.4 of this AGREEMENT. The Designer shall complete the services required under this AGREEMENT in a prompt and continuous manner and meet such time limits as are established during the course of the AGREEMENT and stated in each Notice to Proceed.

If the completion of the scope of work is delayed through no fault of the Designer, the time limit may be extended upon written approval of the Awarding Authority.

6.2 The Designer shall furnish appropriate competent professional services for each of the phases to the point where detail checking and reviewing by the Awarding Authority will not be necessary. Any changes, corrections, additions or deletions made by the Awarding Authority shall be incorporated in the design of the Project unless detailed objections thereto are received from the Designer and approved by the Awarding Authority.

6.3 The designer shall thoroughly acquaint his employees and consultants with all provisions of the General Laws governing the conduct of public construction projects, including but not limited to MGL c149, and c30, and in particular, MGL c30, §39M, wherein the description of material specifications and proprietary items in construction bid documents is governed.

6.4 Neither the Awarding Authority's review, approval or acceptance of, nor payment for any of the services furnished 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.

ARTICLE 7: DESIGNER SERVICES

7.1 TYPE 1 CONTRACTS; STUDIES, PROGRAMS, MASTER PLANS, REPORTS

7.1.1 Upon receipt of a Notice to Proceed from the Awarding Authority acceptable to the Designer, the Designer shall meet as necessary with the Awarding Authority or designee and shall prepare and submit programs, preliminary reports, master plans, studies, sketches, space utilization criteria and estimates in accordance with the Scope of Services set forth in Attachment A of this AGREEMENT.

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Monthly progress reports shall be submitted by the Designer to the Awarding Authority or designee. The Designer shall prepare and submit concept sketches of various design ideas to determine a workable plan solution in terms of the programs and funds available, and as complete an overall design concept as possible, including cost estimates. The Designer shall furnish to the Awarding Authority or designee, eight (8) copies of the report for final approval on or before the date set forth in the Notice to Proceed or any supplement thereto.

7.2 TYPE 2 CONTRACTS -- DESIGN AND CONSTRUCTION

Phase 1 – Schematics Upon receipt of a Notice to Proceed from the Awarding Authority acceptable to the Designer, the Designer shall meet as necessary with the Awarding Authority or designee for the purpose of arriving at a mutual understanding of the Awarding Authority's project needs. Thereafter, the Designer shall prepare and submit to the Awarding Authority or designee single line schematic drawings including floor plans, elevations and space criteria to establish basic design ideas and respective cost estimates as set forth in the scope of services included as Attachment A. The Designer shall submit to the Awarding Authority or designee for approval six (6) copies of said schematic plans, outline specifications and cost estimates, on or before the date or time for submission specified in the Notice to Proceed or any supplement thereto, unless the Designer shall have obtained from the Awarding Authority an extension of time in writing.

Estimated construction cost and fee as set forth in the original Notice to Proceed will not be changed by the Awarding Authority without the agreement of the Designer.

Phase 2 – Design Development

Upon receipt of a Notice to Proceed the Designer shall prepare from the approved Phase 1 documents, complete design development documents consisting of plans, outline specifications, and cost estimates and other documents to fix and describe the size and character of the project as to architectural, structural, mechanical, and electrical systems, materials, and such other elements as may be appropriate to enable the Awarding Authority to study and understand the progress and development of the Project. Such plans outline specifications and cost estimate shall be subject to the written approval of the Awarding Authority. The Designer shall submit to the Awarding Authority or designee for approval six (6) copies of said design development documents on or before the date or time for submission specified in the Notice to Proceed or any supplement thereto, unless the Designer shall have obtained from the Awarding Authority an extension of time in writing.

Phase 3 – Construction Documents

Upon receipt of a Notice to Proceed from the Awarding Authority for Phase 3 of the Project, the Designer shall meet as necessary with the Awarding Authority or designee and shall prepare and submit to the Awarding Authority or designee on or before the date or time specified in the Notice to Proceed or any supplement thereto, Landscape Architecture RFP

Contract #2026-109 21 complete working plans and specifications in sufficient detail to permit firm bids in open competition for construction of the project, and a detailed cost estimate. Said plans and specifications shall be based on the design development, outline specifications and construction cost estimate approved in Phase 2 of the Project, the Notice to Proceed with Phase 3, or any subsequent modification thereto. The detailed estimate of the cost of the Project shall include quantities of all materials and unit prices of labor and materials as well as cost estimates for each item of work. Such working plans and specifications and cost estimates shall be subject to the written approval of the Awarding Authority. The Designer shall furnish to the Awarding Authority or designee for approval six (6) sets of the said plans, specifications and construction cost estimates.

Following the approval of the plans, specifications and construction cost estimates, the Designer shall incorporate all changes required by the Awarding Authority or designee in the working drawings and specifications and shall prepare and transmit to the Awarding Authority or designee one set of Construction Contract Documents for approval.

Phase 4 – Bidding Phase

Upon written approval of Construction Contract Documents, and a Notice to Proceed, the Designer shall prepare the final Construction Contract Documents, including advertisements for receipt of proposals for construction contractors, shall assist in distributing the bidding documents to prospective bidders, and shall prepare and transmit all addenda. The Designer shall assist the Awarding Authority or designee in pre-qualifying bidders, shall conduct a pre-bid conference with potential bidders, shall assist in obtaining bids, shall conduct a qualification review of the low bidder and transmit his recommendations as to the award of the construction contract to the Awarding Authority, and shall prepare all notices required to be published in the Central Register. All services shall be in accordance with the requirements of the General Laws relating to public construction projects.

If the bid of the lowest responsible and eligible bidder exceeds the Fixed Limit of Construction Cost, if any, the Awarding Authority shall have the option to (a) give written approval of an increase in such Fixed Limit, (b) re-bid the Contract within a reasonable period of time, or (c) instruct the Designer in writing to provide such revised Construction Contract Documents as the Awarding Authority may require to bring the cost within the Fixed Limit. In the case of (c), the Designer may in connection with such revisions make reasonable adjustments in the scope of the Construction Contract or quality of the work allowed therein subject to the written approval of the Awarding Authority, which shall not be unreasonably withheld. The Designer shall not be entitled to any additional compensation for such services.

The Designer shall review all construction bids for the purpose of advising the Appointing Authority or designee on whether the bids are based upon the payment of the prevailing wage rates established for the project by the Massachusetts Department of Labor and Workforce Development. The Designer shall inform the Appointing

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Authority or designee of any bid which, because of its amount, does not realistically appear to contemplate the actual payment of said prevailing wage rates to laborers to be employed on the project.

Phase 5 – Designer's Services During Construction

Upon the award of the construction contract the Designer and his consultants shall, for the purpose of protecting the Awarding Authority against defects and deficiencies in the work of the Project: (1) be charged with general administration of the construction contract, including review and processing of the General Contractor’s applications for payment and change order proposals; preparation of a monetized “punch list” of remaining work following substantial completion of the project work, and subsequent inspection to determine completion of such punch list work; review and processing of the General Contractor’s final completion and close out documentation and assistance to the Awarding Authority or designee in the close out process; (2) furnish the General Contractor with information for establishing lines and grades and such large scale drawings and full sized detailed drawings as the Awarding Authority or designee may require; (3) promptly check and approve samples, schedules, shop drawings and other submissions by the General Contractor;

(4) make weekly visits to the site or sites of the Project; (5) conduct semi-final and final inspections of the construction project and report the results of such inspections in writing to the Awarding Authority or designee; (6) require each consultant employed in accordance with ARTICLE 3 above to make visits when necessary, and more often if requested by the Awarding Authority or designee, for the same purposes during the progress of that portion of the said construction to which the consultant's services relate and to report in writing thereon to the Designer; (7) report to the Awarding Authority or designee weekly in writing on the progress of construction including whether or not the contractor is keeping record drawings; (8) recommend rejection of all project work observed by the Designer which fails to conform to the Contract Documents; (9) decide all questions regarding interpretation of or compliance with the Contract Documents, except as the Awarding Authority may in writing otherwise determine; (10) review and act on all requests for changes in plans, specifications, work, or contracts for the Project; and (11) upon written instructions from the Awarding Authority or designee, furnish working plans and specifications for any such change.

The Designer shall be familiar with the provisions of the Massachusetts General Laws for payment to contractors and shall submit to the Awarding Authority all requisitions for payment submitted by the general contractor. With respect to each such requisition, he or she shall certify to the best of the Designer's knowledge that the percentage of work included in the requisition is accurate and the work performed conforms to the contract documents. In the event the Designer does not approve the requisition exactly as submitted by the General Contractor, said Designer shall forward it for payment to the Awarding Authority dated but unsigned with an accompanying letter of explanation setting forth objections and recommended changes. The Designer shall coordinate the required weekly visit to the construction site in such a manner to be able to return to his office with the contractor's payment

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Contract #2026-109 23 bearing the Designer's approval or letter of exception(s). Timely payments of general contractors are required by MGL c30, §39K; therefore, the Designer shall establish office procedures assuring either immediate mail or messenger delivery of the requisition for payment to the Awarding Authority and shall process requisition for payment within forty-eight hours of receipt.

The Designer's responsibility to provide basic services for the construction phase under this AGREEMENT commences with the award of the contract for construction and terminates upon the issuance to the Awarding Authority of the final certificate of payment and the Awarding Authority's acceptance of the completed project.

The Designer will exercise the utmost care and diligence in discovering and promptly reporting to the Awarding Authority or designee any defects or deficiencies in the work of the General Contractor or any of its subcontractors, or their agents or employees, or any other person performing any of the Work in the construction of the Project. The Designer represents that it will follow the highest professional standards in performing all services under this AGREEMENT. Any defective Designs or Specifications furnished by the Designer will be promptly corrected by the Designer at no cost to the Awarding Authority, and the Designer will promptly reimburse the Awarding Authority for all damages, if any, resulting from the use of such defective Designs or Specifications. The Awarding Authority's approval, acceptance, use of or payment for all or any part of the Designer's services hereunder or of the Project itself shall in no way alter the Designer's obligations or the Awarding Authority's rights hereunder.

Phase 6 – Record Drawings, Reports, Calculations

Before examining the requisition for final payment submitted to the Awarding Authority by the General Contractor and making any certification in response thereto, the Designer shall obtain from the General Contractor record drawings showing the actual installation of the plumbing, heating, ventilating and electrical work under the construction contract and all variations, if any. The Designer shall ascertain by his review that changes authorized by change orders are shown on the contractor's record drawings and on the applicable original reproducible and shall submit to the Awarding Authority the complete set as revised, which reproducible shall become the property of the Awarding Authority.

Two suitably bound legible copies of all original design and quantity calculations including those pertinent to change orders and shop drawings if applicable shall be furnished by the Designer to the Awarding Authority at the conclusion of the construction contract and prior to the expiration of the construction period.

As-Built Record Drawings shall be furnished to the Awarding Authority by the Designer.

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ARTICLE 8: DESIGNER'S BASIC FEE

8.1 For the performance of all services required under the terms of this AGREEMENT and excluding those services specified under…