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HomeMy WebLinkAboutContract #: 013387 - From: To: - Exception - ExceptionI �3 I { i { IRl OF� (P Ia pq C i I { F1 b C U; nLi n v For: Town of North Andover SCHOOL DEPARTMENT ADMINISTRATION BUILDING North Andover, MA Municipal >, Building Consultants, Inc. 200 Sutton Street North Andover, MA 01845 (978)686-5766 ww L. ftz Proposal OWNER'S PROJECT MANAGER SERVICES _Y...: SCHOOL DEPARTMENT ADMINISTRATION BUILDING Town of North Andover Table of Contents TABLE of CONTENTS Cover Letter Tab 1- DSB Application Form Tab 2 - Firm History and Firm Officers Tab 3 - Key Personnel and Resumes Tab 4 - Firm Qualifications and List of Projects Tab 5 - Methodology and Work Plan Schedule Tab 6 - Statement of Legal Proceedings, Financial Stability and Insurability Tab 7 - Certifications W Municipal Building Consultants, Inc. n V El n Li rl U I Li Fl Ls n u rl n LJ r U r U n V URI Municipal r, Building Consultants,, Inc. August 23, 2012 Mr. Ray Santilli Assistant Town Manger North Andover Town Hall 120 Main Street North Andover, MA 01845 Re: OPM Services - School Department Administration Building Dear Mr. Santilli, 200 Sutton Street North Andover, MA 01845 (978) 686-5766 Municipal Building Consultants, Inc. is please to submit this proposal for Owner's Project r? Management Services for the School Department Administration Building project. We have U reviewed your RFQ and acknowledge reviewing Addendum #1. Since 1979 Municipal Building Consultants, Inc. has been providing Owners Project Management services to municipal clients throughout Massachusetts. Municipal was providing Project Management services well in advance of the changes to the construction legislation in 2004 that recognized the value Project Managers were adding to municipal projects. As a leader at the forefront of the industry Municipal was glad to see legislation created that mandates these services on municipal buildings in the Commonwealth. Providing professional Owners Project Management Services is all Municipal Building Consultants, Inc. has ever done since its inception. The School Department Administration Building will be another exciting project for the Town of North Andover! Municipal has been proud to have provided Owner's Project Management services to the town on the construction of the High School, Middle School,, Kittredge Modular Classrooms, Pre -School, and most recently the MSBA Green Repair Re - roof Projects of the Atkinson, Middle School and Sergeant Schools. We have valued this long relationship with the town and it is our strong desire to continue on the School Administration Building project. We understand that this project is a sensitive one and will require a great deal of care as well as a thorough analysis of the existing building and its impact on the neighborhood. We believe that our unique understanding of the Town will be beneficial in providing a thorough and transparent project. Municipals specific experience includes (3) major projects that included the completion of School Administration Offices. These projects were the Triton Regional Middle/High School in Byefield, the Hopedale High School in Hopedale, MA and the Oakmont Regional High School project in Ashburnham, MA. Proposal OWNER'S PROJECT MANAGER SERVICES SCHOOL DEPARTMENT ADMINISTRATION BUILDING Town of North Andover Due to the importance we place on this project, I will be assigned as the Principal -in -Charge and Project Manager for the Project. I have more than 40 years of construction and project management experience and I am proud to say all of it has occurred in our offices in North Andover. My extensive and relative experience is detailed in several sections of our attached proposal. Mr. Chuck Adam will assist me on all of the Project Management tasks during all phases for the project. Mr. Adam has more than 25 years experience in managing municipal projects and has unique experience developing Feasibility Studies that analyze various options for projects as the School Administration Building will require. Mr. Adam and I also hold the Massachusetts OPM MCPPO Certification that demonstrates our understanding of the complex designer selection, pre -qualification, bidding and construction regulations unique to Commonwealth construction projects. Our team is further strengthened by the additions of Mr. Dick Murphy as our proposed site representative/clerk Mr. Murphy is currently completing the (3) re -roof projects and therefore also has experience working in North Andover. If required we will also utilize the services of A.M. Fogarty Associates as our estimating consultant. Our long relationship with A.M. Fogarty allows us to provide either conceptual or detailed estimates quickly. Municipal Building Consultants is confident that this experienced team clearly exceeds the minimum requirements required by the RFS. To demonstrate this more clearly, on the next page we have provided on the next page an outline of the "Minimum Criteria/Qualifications" noted in section 10 of the RFQ. We are confident that our experience and qualifications far exceed these criteria. We appreciate the town's consideration and look forward to the exciting possibility of serving your needs on your ambitious project. We believe that our "track record", experience, working relationships and "overall" knowledge of the intricacies of municipal construction projects best qualifies our firm for your assignment n Very truly yos, Li n Li PaV.Saitta President 12atrick.saitta0municipalbuildingconsultants Com u Page 2 of 5 w UN Municipal Building Consultants, Inc. Page 2 of 5 n U Li r i U • ,.tu"^• Proposal OWNER'S PROJECT MANAGER SERVICES SCHOOL DEPARTMENT ADMINISTRATION BUILDING Town of North Andover "10. Minimum Criteria/Qualifications" "Each applicant must demonstrate that it meets the following minimum qualifications:" a) The individual or principal doing the work of the OPM shall be a person who is registered by the Commonwealth of Massachusetts as an architect or professional engineer, and who has at least five (5) years experience in the construction and supervision of construction of buildings or a person, if not registered as an architect or professional engineer who has at least seven (7) years experience in the construction and supervision of construction of buildings. In documenting this qualification, the applicant 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 play in the project. As outlined in our proposal Mr. Saitta and Mr. Adam will provide all of the OPM services required in the RFQ. Both Mr. Saitta and Mr. Adam have far more than the required 11(7) years' experience in the construction and supervision of construction buildings" The information provided in Tabs 1, 2 and 3 document the professional requirements of the firm as well as the extensive personal qualifications and experiences of Mr. Saitta and Mr. Adam who combined have over 75 years of professional construction management experience. b) Knowledge of, and experience in, legal and administrative requirements procedures and practices related to the design, funding and construction of Massachusetts public building projects including the State Building Code, regulations of the Architectural Barriers Board and Massachusetts public building and procurement law. Mr. Saitta and Mr. Adam have completed the required MCPPO training for OPM's conducted by the Massachusetts Inspector General's office. They have both recently completed the required (3) year refresher course. This course requires that the applicant demonstrate knowledge of the "legal and administrative requirements, procedures, and practices related to the procurement, public bidding, design, funding and construction of Massachusetts public building projects" Mr. Saitta and Mr. Murphy both also possess unrestricted Massachusetts Superintendents lieenEef require knowledge of the State Building Code. Mr. Saitta recently completed a course on the changes made by the adoption of the 8th edition of the code which include the - �—"#;tens of the Architectural Barriers Board. Municipal Building Consultants, Inc. Page 3 of 5 n U n u n lJ w n LJ • s'"`"'•� Proposal OWNER'S PROJECT MANAGER SERVICES SCHOOL DEPARTMENT ADMINISTRATION BUILDING Town of North Andover c) Possess all necessary current licenses and registrations, either within the firm or throu�ll independent consultants, to qualify under Massachusetts' law to perform the function of the Owner's Project Manager. As noted above Mr. Saitta and Mr. Adam possess the required- MCPPO training for OPM's and Mr. Saitta and Mr. Murphy both also possess unrestricted Massachusetts Superintendents licenses. d) Provide evidence of insurance for general liability, automobile worker's compensation (statutory) and professional services liability, as required. We have included in Tab 6 a recent copy of our insurance certificate that demonstrates that we possess the required insurances in the limits required. e_) Provide detailed description of at least one recent similar project on which the OPM has performed similar services, identifying references with the owners of those projects as well as the personnel who worked on them and stating whether those individuals will be assigned to the Project. We have included in Tab 4 an outline of Municipals qualifications as well a complete listing of all projects in which the firm has provided professional owner's project management services. Included in this section are project descriptions of (4) projects that demonstrate Municipals ability to provide the services requested in the RFQ for the School Administration Building project. Mr. Saitta provided all of the OPM services on these projects, as well as all others in Municipals history. References for these and other representative project are included on the DSB application form in Tab 1. f) Not be debarred under MGL 649 §44C or disqualified under MGL c7 §38D Since its inception in 1979, Municipal Building Consultants, Inc. has never been investigated or considered for debarment or disqualification from any agency. UH Municipal Building Consultants, Inc. Page 4 of 5 A. �, iu., Proposal OWNER'S PROJECT MANAGER SERVICES SCHOOL DEPARTMENT ADMINISTRATION BUILDING Town of North Andover g) Submission of required statements and forms. Please see Tab 1 for the completed Designer Selection Board application form for "Standard Designer Application Form for Municipalities and Other Public Agencies not within DSB Jurisdiction 2005". The application was downloaded from www.mass.gov/cam. Please see Tab 7 for the other certifications included in the RFQ Opal - Municipal Page 5 of 5 Building Consultants, Inc. 1 E c„ 2 0) Li - O O a co co 0 0 Q W O m E N v O O Q � E m m Q W L — co !C O O 2 N LU E 4) O Q n n NZ c o CD (D 42 --9 _I^I^I_I- - a S cc$cu >: cc ww -N m C I �a 4)2" 0- E • - U)i (n (D a� WW a�N > cm Qi —— m m m o U c c ——— — —— U)a c0 2 c W= N m m3 O c= L co E m -`-T' cL N N a Li- C p C fB O N V U U) N > N N N LLL �N C13 E M Ci) V O ,C Q Q m m CaE� -0 N > d -O a w w w w v, d ui N co o� AA ati.wV-v Q CD 0 m,o e f�urnci *4o aQ C: 500 moo o W— = a> cu ,,oN0 _c-? oW c EE E a) c) O E N m 0zapC' O z°' z va> L vm a�L zU3u O WO m o o% S2Ncaa�= E 0 ClC0 M 5� Ll LL Cl) m N x a - -- _ - - - -- w 0u O) d ii Y Wcn U N �W-W d aiTL •.per-r1i r00 L l y 0 OU N a L L W m UV Q m vcm d C i i .� V H O N •--� > d C .N-. 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O a O L E O N 0'- a O c N 3 / p � co cc n o o-� N a) E o w O U a F- W - O m• m N O a)n L>COM E E Pro y O rn i Ern z z m U — co a cn �� Municipal Building Consultants, Inc. 9/24/12 Qualification "Bullets" for consideration in reviewing Municipal Building Consultants, Inc.'s (MBC) "Owners Project Manager" credentials for the Construction of the new North Andover School Department Administrative offices. Experience and "track record with Massachusetts Municipalities o Pioneered the OPM process within Massachusetts o Over 25 years of successful performance without litigation between any parties o Multiple projects completed for Districts, i.e. Woburn 10 projects in 11 years with different committee's and administrations, etc. Experience with the Town of North Andover's School Department o Nearly 18 years of successful experience with projects completed on time and within budget, including New Sargent, New Thomson, Additions and renovations to the Middle school, New High School, New Pre School, Kittredge modulars, Atkinson windows, Middle School reroofing, Sargent reroofing completed with different Committee's and Administrations. o Experience with the various Boards, Inspectors and other Municipal officials • Capacity and availability o MBC has recently complete 6 MSBA "Green / repair" projects (3 in North Andover) and has more than sufficient capacity to manage the Administration project. Chuck Adam is our project manager on our two ongoing construction projects, the New Maynard HS and the New Glover Elementary school o Patrick Saitta, President, will personally handle the project for MBC as he has done on all the NA projects. Chuck Adam will assist in any capacity requiring additional attention. • Familiarity with School Administration offices o MBC has performed OPM services for Public School Administrative Offices for the Hopedale School Department, the Triton Regional School District, the Ashburnham Westminster Regional School District, and the Lawrence School Department. • Familiarity with the Scope of service contract in Addenda No,1 o Contract for Project management Services issued with Addenda No 1 is the contract form utilized by MSBA which we have executed on numerous projects without any modifications. MBC was one of the first firms to execute the contract after its creation. Proposal OWNER'S PROJECT MANAGER SERVICES SCHOOL DEPARTMENT ADMINISTRATION BUILDING Town of North Andover Firm History and Firm Officers Company Background For over four decades, Patrick J. Saitta, formerly Vice President of Charles Construction Co., Inc., has worked within the construction industry to improve the delivery of construction services to our valued public and private clientele. Long before the terms 'value engineering, fast track, conceptual cost estimating, life cycle analysis, system alternative design and network scheduling became fashionable, Mr. Saitta was incorporating these innovative methodologies as "everyday tools" where the situation allowed such procedures. Since all of these functions occur during the design phase of the project, they have generally been grouped under the process called Construction Management. Under this concept, the Owner engages the construction management firm, along with the architect, at the inception of the initial stages of design. This infusion of construction expertise during the design phase has had a considerable positive effect in reducing budget overruns, streamlining governmental agency approvals and protecting the Owners main objectives, including, but not limited to, quality, cost and schedule. Unfortunately, the advantages that the private sector has realized utilizing the construction management process have been slow to evolve to the public construction marketplace in Massachusetts. The requirements of Chapter 30, Chapter 149 and the Designer Selection Board Regulations of the Massachusetts Statute, made implementation of construction services during the pre -design and design phase difficult, since no uniform methodology existed to interface the functions of Owner, Architect and Construction Consultant. In 1979, Mr. Saitta (Charles Construction Co., Inc.) responded to a request from the City of Lawrence, to design a service package that would "dovetail" with the normal relationships of the city, Architect and Governmental Regulations. The city was embarking on a very complicated Sixteen Million Dollar addition and renovation program at Lawrence High School. The question of affordability, phasing, construction systems and scheduling were unanswered and seriously in question. Our service contract was accepted by the City of Lawrence and construction was completed with minimum disruption to 1,500 students, on time and within the budget. Since that time, three other school project assignments in Lawrence, the Twelve Million Dollar Frost School, the Fifteen Million Dollar Arlington School, and the 14 School Study, have been completed utilizing similar construction management agreements. UN Municipal Building Consultants, Inc. • •t""''•+ . Proposal OWNER'S PROJECT MANAGER SERVICES SCHOOL DEPARTMENT ADMINISTRATION BUILDING Town of North Andover Firm History and Firm Officers Municipal was at the forefront of the emerging industry that is now called Owners Representation. With the changes to the construction legislation in 2004, Municipal continues to provide these services to municipal clients around the Commonwealth. List of Firm Officers: Patrick J. Saitta - President/Treasurer/Secretary Municipal Building Consultants, Inc. lJ N Fl L Li 3 .. 0TL3.0 Proposal OWNER'S PROJECT MANAGER SERVICES SCHOOL DEPARTMENT ADMINISTRATION BUILDING Town of North Andover Key Personnel / Resumes Project Team We believe that the team we have assembled has the experience and knowledge to assist the Town of North Andover in completing successful projects. Mr. Saitta will oversee all contractual relationships with the Town as well as providing day to day Project Management services. Mr. Adam will assist Mr. Saitta in all aspects of the OPM services noted in the RFP and our proposal. Mr. Richard Murphy will be available to supplement the pre -construction efforts and provide on-site clerk of the works services. Peter Timothy, Principal, A.M. Fogarty, will provide cost estimating services in consultation with Mr. Saitta, if required. In summation, Municipal Building Consultants, Inc. possesses all the necessary resources to fulfill the obligations of this assignment. 1 Town of North Andover I65 UH Municipal Building Consultants, Inc. 1-- - 1 Principal in Charge / Project Manager Patrick Saitta, MCPPO Construction All Phases Phase Cost Estimating Consultant (if required) i Chuck Adam, MCPPO Richard Murphy Peter Timothy Project Manager Site Representative A M Fogarty & Associates I65 UH Municipal Building Consultants, Inc. Town of North Andover Proposal OWNER'S PROJECT MANAGER SERVICES SCHOOL DEPARTMENT ADMINISTRATION BUILDING Key Personnel .1 Resumes Patrick J. Saitta — Principal -in -Charge Li EXPERIENCE: Municipal Building Consultants —1999 to Present — North Andover, MA `i President /Project Manager/Founder rl Municipal Building Corporation was created to provide construction and development consultation for all types of L -i building construction projects, working directly as an Owners Representative. Please see Tab 5 of our proposal for a listing of allprojects in which Pat Saida & Municipal Building Consultants, Inc. has provided Owners Project Management Services. rl Charles Construction Co., Inc -1962 to 5/1/99 — North Andover, MA Vice -President / General Manager in Charge of Operations U • Prepared and implemented a comprehensive operations manual for supervisor staff. • Updated and implemented estimating and cost control systems. u • Implemented in-house computerized construction management system. Including "Activity on Arrow" scheduling procedure and shop drawing control. �1 • Updated and implemented uniform operations procedures for lump sum construction contracts, construction management contracts, design build contracts, turnkey development contracts, and owner representative contracts. .� • Implemented computerization of total accounting department including job cost reports, payable and receivable, balance sheets, payroll and requisitioning. Li • Implemented company safety program n EDUCATION AND TRAINING Li • Wentworth Institute — Associates Degree Architectural Engineering !1 • Northeastern University, Boston, MA, Evening Division - Civil Engineering Courses v • Harvard University - Graduate School of Design, Special Programs - Design & Construction Services INDUSTRY ASSOCIATIONS r_1 Mass. A.G.C. Board of Directors - 1989 -1994 Mass. A.G.C. Croson Task Force - 1989 - 1994 Mass. A.G.C. Public Contracting Agencies Committee, Chairman - 1989 - 1994 Mass. A.G.C. Construction Management Contract Document Committee Chairman - 1986 -1994 Mass. A.G.C. Construction Management Committee - 1984 -1994 Management Rep. Carpenter Joint Apprentice Committee (Local 111) - 1984 - 1993 LICENSES AND OTHER ASSOCIATIONS Boston A.B.C. License No. 04922 Brookline A.B.C. License No. 1736 Mass. Construction Supervisor License No. 026859 Cambridge Class I License no. 287 1997-1999 St. Michael's Church - Building Committee Chairman n U Municipal ri Building Consultants, Inc. 1J r� Proposal OWNER'S PROJECT MANAGER SERVICES U SCHOOL DEPARTMENT ADMINISTRATION BUILDING n LJ Town of North Andover Key Personnel -1 Resumes 'n Chuck Adam - Project Manager L1 EXPERIENCE: Municipal Building Consultants — 2008 to Present — North Andover. MA Project Manager rl Project Manager on public school and municipal building projects. Providing Owners Project Management services including assisting Owners in designer selection, budgeting, site selection, coordination, bidding strategies, on-site u management and closeout coordination. r 1 REPRESENTATIVE PROJECTS: LJ • Village Elementary School Repair Project, Marblehead, MA — $22 million renovation and mechanical repair project. 1st repair project school through the new MSBA application and approval .) process • New Goodyear Elementary School Project, Woburn, MA —$18 million new school as part of the City's redistricting and facility upgrade program. • Cutler Elementary School, Hamilton, MA - $2 million energy upgrade project including boiler M replacement, heating improvements, electrical upgrades and minor finish upgrades. Li Additional Project Experience (working for other firms) n LJ • City of Springfield, R. L. Putnam Vocational High School Project, Springfield, MA — Estimated $120 million renovation and replacement project. 1 st new school through the new MSBA application and approval process n • Massachusetts School Building Authority (MSBA) — 1st Phase Needs Analysis Study - Part of a LJ consultant team hired to perform a 1st phase preliminary analysis of all 1,876 public school buildings in Massachusetts. n • City of Maiden "5" New Schools Program, Maiden, MA - $116 million, six schools, 5 years, multiple school construction programs. `J • Greater Lawrence Vocational Technical High School, Andover, MA - $52 million, 4 year, multiple phased occupied renovation and expansion project r1 • Massachusetts Institute of Technology (MIT), Cambridge MA -Value Engineering (VE) Studies for 'v two significant projects with high profile architects and contractors • Commonwealth of Massachusetts (DCAM) - Lowell Courthouse Project - Assisted in the n development of Design/Build/Leaseback State Courthouse Requests for Proposals ! • New Patriots Stadium, Foxboro, MA - "Force Majeure" and Risk Analysis study for overseas reinsurance company and owner/management team for completion insurance for the New Patriots Stadium. n • City of Boston, Department of Public Facilities Department, Boston, MA - multiple claims and Li changes review contract for various projects over 4 years. • Middle Tennessee State University, Murfreesboro, TN - Multi-year capital projects program .1 including: ■ Stadium Expansion - $30 million Cogeneration Facility - $17 million LJ New Library - $30 million Business/Aerospace Building - $25 million ■ Student Recreation Center - $15 million Nursing Education Center/Clinic - $ 18 million n Underground Utilities and Infrastructure Improvements Project - $11 million. LJ n u = Municipal n Building Consultants, Inc. LJ Chuck Adam (Continued) Proposal OWNER'S PROJECT MANAGER SERVICES SCHOOL DEPARTMENT ADMINISTRATION BUILDING Key Personnel J Resumes EDUCATION AND TRAINING I, • Wentworth Institute - BS Architectural Engineering 6 • MCCPO Certification for Design and Construction Professionals — Mass Inspector General — May 2007 • Currently in Training for LEED Accredited Professional Certification r1 • Continuous Improvement Training in: ■ Construction Law ■ SMPS - Business Development and Marketing Strategies Seminars ,, ■ Code Reviews and Analysis ■ Fire Alarm Systems Li ■ Laboratory and Library Design ■ OSHA 10 hour Safety Training TEACHING EXPERIENCE • Adjunct Instructor, Wentworth Institute, Boston, MA — Fall 2006 "Construction Management Delivery Methods" ADDITIONAL ACTIVITIES • Founding Board member of the Boxford Arts and Recreation Center Foundation • Chair of the Town of Boxford Permanent Building Committee and Library Study Committee • CMAA. Member— New England Chapter Member Municipal Building Consultants, Inc. n Li .�. Proposal n OWNER'S PROJECT MANAGER SERVICES v SCHOOL DEPARTMENT ADMINISTRATION BUILDING n v Town of North Andover Key Personnel / Resumes JRichard Murphy — Field Representative EXPERIENCE: n U Municipal Building Consultants — 2007 to Present — North Andover. MA Field Representative Owner's Representative/Clerk of the Works responsibilities include; Coordinate between architect and general U contractor, Review drawings, sketches and shop drawings, Expedite and review potential changes in scope of work, Approve requisitions for payment, Work with subcontractors to the town in conjunction with the prime contractor for work outside the scope of the General Contract. n U REPRESENTATIVE PROJECTS: • Kittredge, Sargent and Middle School Re -Roof Upgrade Projects, North Andover, MA — $4 million r!roof replacement and window renovation project • Village Elementary School Repair Project, Marblehead, MA — $22 million renovation and U mechanical repair project. 1st repair project school through the new MSBA application and approval process n • Melrose Middle School Project, Melrose, MA —New $50 million middle school as part of the City's U facility upgrade program. n Additional Project Experience (working for other firms) v SAU 21 Hampton, NH TOWN OF BOXFORD — BSBC • Winnacunnet High School ($26,400,000) Boxford Town Hall ($4,655,000) TIMMERLANE SCHOOL DISTRICT • Atkinson Academy ($3,994,200) Sandown North ($5,179,400) • Danville Elementary ($3,446,600) Sandown Central ($1,454,700) r1 High School- Phase I & II ($8,800,000) Pollard School ($2,454,200) v : Middle School ($2,415,600) New Performing Arts Center ($5,948,200) TOPSFIELD ELEMENTARY SCHOOLS TIMBERLANE SCHOOL DISTRICT • Proctor ($4,531,300) Pollard Elementary ($1,900,520) n • Steward ($4,990,700) Timberlane Regional Middle School ($2,945,000) U TOWN OF METHUEN TOWN OF LEICESTER — SBC • Marsh School ($23,360,000) Leicester High School ($13,050,000) EDUCATION AND TRAINING n • U .S. Army Reserve - Captain � • U.S. Army - 1st Lieutenant • Worcester Polytechnic Institute, B.S. - Civil Engineering LICENSES AND OTHER ASSOCIATIONS • Massachusetts Construction Supervisor's License U • Asbestos Certification U • Introductory/Familiarization (2 hours) nn • Emergency Removal (16 hours) U e U (N Municipal in I Building Consultants, Inc. LJ E Proposal OWNER'S PROJECT MANAGER SERVICES SCHOOL DEPARTMENT ADMINISTRATION BUILDING Town of North Andover Firm Qualifications / List of Projects Since 1979 Municipal Building Consultants, Inc. has been providing Owners Project Management services to municipal clients throughout Massachusetts. The table below outlines ALL of Municipal Building Consultants, Inc. projects in which it performed Owners Project Management (OPM) services. The attached project profile sheets outline specific projects that demonstrate our experience on other difficult and complex projects. Project Location Description Project Value Status CURRENT AND ONGOING PROJECTS 4 - Permanent modular - - Kittredge Elementary School Atkinson, Sargent and Middle School Roof and North Andover, MA MSBA Green Repair roof and $3,800,000 i Nearing Window Replacement $1,500,000 window replacement project - - -- -- Woburn High School, I Completion Billerica High School Window Replacement r Billerica, MA MSBA Green Repair roof and window replacement $450,000 Nearing Completion School } _ -- - - project + New 220,000 SF Middle - u Maynard High School Maynard, MA New 121,200 SF high school _ - - - _ - $35,000,000 + Construction r Penn Brook Elementary- t Georgetown, MA _� Feasibility Study _ - $47,000,000 Estes Study Phase { Glover Elementary School ' Marblehead, MA New ,8,000 SF elementary rrn $25,650,00 (est) ; Construction COMPLETED PROJECTS uoodyear memenrary j Woburn, MA i,4ew (3u,um JN elementary $26,500,000 ,-School school 4 - Permanent modular - - Kittredge Elementary School North Andover, MA 6 temporary classrooms $500,000 Cutler Elementary School Hamilton, MA � heating and energy $1,500,000 Lj - - -- -- Woburn High School, Improvements project _ - — - - - -- Village Lower Middle - -. Marblehead, MA + Renovation and energy --t -- - ` $21,700,000 School Melrose Middle School upgrade project + New 220,000 SF Middle - u Conversion of existing ; Maynard Police Station Maynard, MA Library into a new Police $3,900,000 'v w UH Municipal r Building Consultants, Inc. U 2011 2010 r I 2010 2010 2009 $4,000,000 2009 $6,000,000 2008 $49,700,000 2007 Station 4 - Permanent modular North Andover Pre -School North Andover, MA classrooms for a new fl- +..preschool + Lj - - -- -- Woburn High School, +- - -- -_ - - _ Phases II & III Woburn, MA Stadium and Athletic Fields Melrose Middle School Melrose, MA + New 220,000 SF Middle - u School r1 'v w UH Municipal r Building Consultants, Inc. U 2011 2010 r I 2010 2010 2009 $4,000,000 2009 $6,000,000 2008 $49,700,000 2007 A. Proposal OWNER'S PROJECT MANAGER SERVICES SCHOOL DEPARTMENT ADMINISTRATION BUILDING Town of North Andover Firm Qualifications / List of Proiects Project Location Description Project Value Status Additions and alterations to Boston Catholic Television Boston, MA ' existing building, create new 1 $5,000,000 2007 television studio i Interior and exterior 1 North Parish Unitarian Church North Andover, MA renovations to a 150 year old ! 1 $1,000,000 ! 2007 church —� - 1 --- - - - ----- -+ Woburn Memorial High School, Phase I Woburn, MA New 340,000 SF High School $63,400,000 2006 - - - - --- L on, Inc. -- - - Woburn, MA -- - - r-- Addition and renovations to $6,800,000 + -- -- -- -- ' 2006 _ _ _ + manufacturing facility + Neighborh_ood Charte__r Dorchester, MA Renovations to existing $5,000,000 2005 School -- ------+---- school --- South Boston Charter - Dorchester, MA + ------ Additions and alterations to $6,000,000 2004 elementary school _School White Elementary School Woburn, MA s New Elementary School $12,530,000 2004 North Andover High School North Andover, MA New 300,000 SF High School ; $58,700,000 2004 Oakmont High School g Ashburnham/ Additions and renovations to $33,000,000 2003 Westminster, MA a 200,000 SF High School Shamrock Elementary - — - - -- - + ` - -- -- - + School Woburn, MA New Elementary School $12,500,000 2002 -- ---- - Westminster Elementary +-------- Westminster, MA - -- - - Addition and renovations to - --- -- $15,000,000 ----- 2002 School , existing school ------ - ------ Triton Regional High - - B efield, MA y + ---- Additions and renovations to $30,000,000 2001 School/ Middle School a 281,000 SF_ High School --- - - -�— Reeves ElementarySchool - - Woburn, MA t - - - -- - +-- New 60,000 SF elementary - - $11,250,000 —r--------- - 2001 _ _ _ --+- _ _ school Hopedale Jr./Sr. High Hopedale, MA --- i Additions and renovations to $15,250,000 -2001 School_ _ ~ _ _ _ , existing high school Joyce/Kennedy Middle Woburn, MA Renovations to (2) Middle I $5,600,000 2000 Schools Schools Woburn High School g Woburn, MA ADA Modifications to High $850,000 2000 School Thompson Elementary North Andover, MA + New 50,000 SF elementary - t -----+ $8,750,000 1999 School . school North Andover Middle — North Andover, , MA + Additions and renovations to + $18,800,000 1998 School existing middle school Anne Sargent Elementary North Andover, MA + New 50,000 SF elementary —� -t $10,000,000 i 1995 School school i Framingham School Framingham, MA � Review and analysis of $1,000,000 1991 S tem -System _ __ _—_ _ project issues and changes Evaluation of (14) School estimated $200 Facility Evaluations Lawrence, MA Buildings in support of long 1990 term capital plan million s Municipal Building Consultants, Inc. Q Proposal OWNER'S PROJECT MANAGER SERVICES SCHOOL DEPARTMENT ADMINISTRATION BUILDING Town of North Andover Firm Qualifications / List of Proiects Project I Location Description I Project Value Status Arlington Elementary j Lawrence, MA New 65,000 SF elementary $15,000,000 1987 School school _ Frost Elementary School _ _ Lawrence, MA New 60,000 SF elementary t $12,000,000 1985 school 1 Phased Additions and Lawrence High School Lawrence, MA Renovations to existing $14,000,000 1980 200,000 SF High School Municipal Building Consultants, Inc. µORik , ti 3� OOc o LSSA C HUSEt Town of North Andover Proposal OWNER'S PROJECT MANAGER SERVICES SCHOOL DEPARTMENT ADMINISTRATION BUILDING Municipal provided full Owners Project Management services for the replacement of the North Andover High School (grades 9-12). The project consisted of the replacement of the existing school with and new 300,000 SF high school. Firm Oualifications / List of Proiects ect profile North Andover High School North Andover, MA Extensive coordination of Phasing was IlionTotaProject Cost: $58.7 mi necessary to maintain emergency access to the existing facility while the new school was ' million being constructed. Complicating the project iContract , • t. 2004 1 was the existence of considerable wetland and a steep topography the required the Architect- Denisco, Design movement of over 100,000 CY of soil. Due to the extensive amount of site work and to take advantage of seasonal benefits in moving the soil and fast tracking the schedule, site work was separated from the building portion of the project and bid separately which saved considerable money. The first piece of the site contract required the construction of a soil stabilization retaining wall that remained in place after completion of the project. The project came in $ 5,000,000 under budget and the building was completed 5 months ahead of schedule. A mid -year move was accomplished without incident to allow the graduating seniors the U opportunity to experience the new building. The scope of the project was expanded as significant cost savings were identified to include the construction of (3) state of the art artificial turf fields and a new athletic stadium. UM Municipal Building Consultants, Inc. U Proposal OWNER'S PROJECT MANAGER SERVICES SCHOOL DEPARTMENT ADMINISTRATION BUILDING Town of North Andover Firm Oualifications / List of Proiects Municipal provided Owners Project Management services for the replacement of the existing Glover and Clapp Schools (grades K-5). Our services included the management of the feasibility/schematic phases, all design phases, estimating and bidding and negotiating of a CM -at -Risk contract for construction. Municipal provided construction phases services during construction. As a result of a the successful completion of the feasibility study, that reviewed sites throughout Woburn, a new school on the existing site Glover School site was approved by the City and the MSBA. project profile Goodyear Elementary School Project Woburn, MA The project included the design and construction of six portable classrooms at the existing Clapp School site, the relocation of the students from the existing Goodyear School site and the demolition of the Goodyear School. Municipal, on behalf of the City, developed and made a successful application the Massachusetts Inspector General's Office to utilize the CM -at -Risk delivery method. After the legislatively required process of a two-phase prequalification and selection process, the City retained Gilbane Building Company to assist Municipal and Tappe Associates with the development of estimates and development of the documents. With Municipals extensive experience in CM projects, the City negotiated a construction U management contract with Gilbane and the construction began in March 2010. n The projected completed on schedule and under the budget. Li 'u Municipal Building Consultants, Inc. Proposal OWNER'S PROJECT MANAGER SERVICES SCHOOL DEPARTMENT ADMINISTRATION BUILDING Town of North Andover Firm Oualifications / List of Proiects E a>sl ti 7 Municipal is providing Owners Project Management services for the replacement of the existing Maynard High School (grades 8- 12). Our services to date have included the management of the feasibility/schematic design phase. Upon successful passage of an override vote the project will continue with Municipal continuing to provide oversight of the remaining design phases, estimating and bidding and full on-site construction phase services during construction. The Maynard High School Feasibility study included a regionalization study to determine project profile Maynard High School Maynard, MA the possibility of Maynard regionalizing with surrounding communities. After extensive meetings with communities and the MSBA it was determined that the Feasibility Study should review either renovating or expanding the existing building or the construction of a new High School on the existing site. Working with the MSBA and Tappe Associates, Municipal assisted the Building Committee in developing a program/plan that will include building a new high school behind the existing school that that includes a grade configuration change which will include moving the 8th grade from the middle school. Municipal participated in the educational planning activities that developed the program, assisted Tappe r1 in developing phasing and construction strategies that could be included in all estimating and budgeting. U Upon the successful passage of the override vote, Municipal will immediately begin design reviews, cost estimating, constructability reviews and develop strategies for bidding. n ! Municipal will supply full on-site representation during construction that includes quality assurance, schedule monitoring, cost monitoring, change order review and negotiation, review of subcontractors I� work, full budget monitoring and coordination with the MSBA. l� P = Municipal Building Consultants, Inc. '` "`""� Proposal OWNER'S PROJECT MANAGER SERVICES SCHOOL DEPARTMENT ADMINISTRATION BUILDING Town of North Andover Firm Oualifications / List of Proiects Municipal provided full Owners Project Management services for the replacement of the Woburn High School (grades 9-12). The project consisted of the replacement of the existing school with and new 340,000 SF high school. The project was completed in 3 phases; Phase 1 included the construction of the new high performance school complete with photo voltaic electrical generating system, rain water harvesting system for a demonstration sanitary flushing system, infrastructure provisions for future fuel cell installation and many other environmentally friendly systems that rewarded the City with an additional 2% reimbursement from the Massachusetts School Building Authority. Municipal assisted Tappe and the City in obtaining grants from the Mass Technology Council for the installation of the photo voltaic system, reimbursements form N -Star and Keyspan totaling approx $370,000 for the installation of energy efficient electrical and HVAC systems. A portion of the project was constructed as an emergency preparedness center for the entire City of Woburn. Phase2 Demolition of the existing 300,000 SF high school and construction of the parking areas. Phase 3 Construction of additional parking and the new athletic stadium n Municipal (l Building Consultants, Inc. U Proposal OWNER'S PROJECT MANAGER SERVICES SCHOOL DEPARTMENT ADMINISTRATION BUILDING Municipal provided full Owners Project Management services for the renovation and expansion if the existing Triton Regional High Middle Schools (grades 7-12). These services included pre -construction planning & phasing development, estimating, constructability reviews, bidding management, contract negotiations and construction phase management, including on-site representation during all construction phases and moves. The project was a complex renovation and rl expansion project of (6) phases that spanned Li over (3) years . Firm Oualifications / List of Proiects I project profile Triton Regional Jr. /Sr. High School Byefield, MA The entire project included over 281,000 SF of which 109,000 SF was new construction that included u educational program spaces for the middle school and high school and a new gymnasium addition. The entire existing building was renovated. The facility stayed completely occupied throughout the entire r1 project. U The project finished (5) months ahead of schedule and $1 million under cost estimate with only a 5% I'1 change order percentage of which the majority of which were owner added scope changes. This project was nominated and received a 15L place award for Project Team Collaboration from the Society of Marketing Professionals (SMPS). .i U 0-meam = Municipal �- Building Consultants, Inc. V 5 I J ' n Li M n LJ n Li M, Li n u n E N0RT"' 4 h 3`r OCL O S. w 1,y.SA C H Usf'S Town of North Andover Proposed Management Plan Proposal OWNER'S PROJECT MANAGER SERVICES SCHOOL DEPARTMENT ADMINISTRATION BUILDING Methodolo:=y, Work Plan and Schedule As requested in the RFQ we provide below this brief narrative outlining our "Project Management Approach" to the School Department Administration Project as outlined in the RFP. We understand that the intent is to either convert the existing former police station building to a modern, state-of-the-art school department administration building or remove the existing structure and replace it with a modern, state-of-the-art school department administration building. The steps and tasks required to create an unbiased analysis of both of these options must be outlined and carefully detailed in order for all project participants to fully understand the process and work towards its successful completion. LJ M The Municipal project staff will, upon notice to proceed, meet with representatives of the Town to establish the scope of the project. This scope of work will be the basis for the `-' program of the entire project. This scope will help us identify the Towns sensitivity to the n"hot button" issues of coordination, sequencing, phasing,, managing the moves and generally assuring that there as little impact to the staff as the project will allow and �' accomplish the project in the most economical way. M L -i Municipal will also immediately assist the Town in creating a RFQ for Architect Selection. Municipal will assist the Town in the preparation of architect/designer selection n materials; preparation of architect/designer services contracts; establishment of architect/designer criteria; and the selection of architect/designer and other consultants in accordance with MGL c7 §38AY2 including execution of contracts, and maintenance and n tracking of insurance certificates. Li Schedule M Municipal will immediately review the preliminary schedule provided below with Town L-, representatives that outlines the major milestones and all tasks required. The schedule will identify not only the design and construction tasks and milestones but also the n required meeting dates with the district and the Town agencies/boards/committees for Li approvals. As the design phase is completing we will develop a construction schedule that provides the minimal amount of impact to the neighborhood. We will incorporate the n school calendar, special Town events, and any other function that affects the Li neighborhood. Please see proposed schedule at the end of this section n UH Municipal r-1 Building Consultants, Inc. u n Li Proposal OWNER'S PROJECT MANAGER SERVICES L� SCHOOL DEPARTMENT ADMINISTRATION BUILDING n � Town of North Andover Methodology, Work Plan and Schedule n L This comprehensive schedule will be useful not only as both a reporting tool to show I-1 progress against the baseline plan and as a planning tool to remind project team 'Li members of upcoming deadlines and events. n Project Budget Li! Once the program for the project is established and the scope defined we will work with the designer to establish a budget. This budget will include all costs required to n complete the project. If necessary we will retain the services of our estimating firm, AM Fogarty, to assist in establishing a real construction budget We will also include costs associated with design fees, construction, and project management costs, but will also n address administrative, legal, printing and advertising, public/community information, `i associated utility work, relocation and the like. The budget will be created in a format r� that the Town is comfortable with so all parties can review the information clearly. `i Client Reporting and Representation An integral part of Municipal's Scope of Work, as defined in the Contract, is the timely L reporting of all issues that may impact cost / budget, timely completion and adherence the high standards of quality that will be expected. Every month Municipal will create a monthly report that will update the Town on the activities that occurred, progress made ,Li impacts to the budget and schedule and anticipated completion milestones. However since these projects may be short time frames we will not just rely on the monthly reports. We will also develop a running log of issues / action items that may have impacts on the project goals that will be incorporated into the weekly meeting notes throughout the project. Li = Municipal Building Consultants, Inc. `U Design Progress n During the design phase we will review the drawings and specifications during every step %-i of the design process to assist in ensuring that project needs as well as the requirements of local authorities (i.e. Building and Fire Departments) are being adequately addressed. n We will work with the designer to assist in ensuring that design milestones are met and Li will advise the Committee of potential problems or delays. The Municipal team will offer n creative input and lend our expertise to help the designer deliver the optimal design. 'J Our staff s experiences as contractors, architects and estimators allow us to review the II project documents with a unique eye. We look for the things these disciplines look for in the execution of their work whichll a ows for the development of more complete and u Li = Municipal Building Consultants, Inc. `U F) Li Fm Proposal OWNER'S PROJECT MANAGER SERVICES L SCHOOL DEPARTMENT ADMINISTRATION BUILDING n 'L; Town of North Andover Methodolou, Work Plan and Schedule n LJ accurate documents. Better documents means better finished projects and less impacts to budgets and schedules. n 'L, Constructability and Value Engineering Reviews As part of our drawing reviews we will undergo critical constructability and value n engineering reviews. Municipal will suggest ways to increase the value of the project by Li balancing the use of less expensive building materials with anticipated life cycle costs. The team will dissect the design documents, searching for inconsistencies and vagaries that could lead to contractor claims and changes. Li Construction Phase n Mr. Saitta and/or Mr. Adam will remain intimately involved in the construction phase, Li attending all meetings and performing all services required by the Town as outlined in F1 the contract attached to the RFP. In addition, the assigned Field Representative will Li monitor the construction operations to assist in insuring that project requirements are followed. vWe firmly adhere to a proactive approach to construction by requiring: r_� • Pre -construction meetings with each Trade discipline before their work commences to review and address issues that any member of the team may have. • Weekly construction meetings with attendance by all parties to review all potential n issues/impacts to schedule adherence LJ • Constant communication by email including photographs, testing reports, observation reports n • Review approved shop drawings for conformity Li • Review all contractor proposal requests and provide opinion of cost and schedule impact n • Review the updated schedule and advise on constructive action if necessary Li • Attend all projects, Building Committee and other meetings determined to be necessary to for the successful completion of the project. n • During the closeout phase, we will assist the Architect in compiling a punch list and overview all punch list activities. • We will assist the Town with a Commissioning Agent if one is selected. n L' Our approach to problem solving is clear; we will identify the issue, take the emotion n out of the discussion, outline solutions and define a solution collaboratively that all participants will "buy into': n Municipal rj Building Consultants, Inc. Li '30 _j CM Q 3 2 cc a 0 N p E 2 0-,N r o W O W 0 C _ N 0 Wow- r•O CO W N Q�� c� U m � Z?Q �N N M 0 r M � N _ N CL N Qom' ......... to M ;;j � Z a Q M OQ _ _.... ... UM d O O (hE M CL _ O 2N o M a M_ �, v W LL R R d N � m O D v E Z RP V O as -� d 0 d a oy o z Ern 3 a 2 m O = a m 3 m v �^ d_ c r 0) d d t c °' ` a a V C ; Q O 0 -d m C m M y N ` CL d N >Ow Z N C d m LL d D O N r O .. d. m d w O W a w m to D ao O d y0 A d Ir 07 N O C7 0 0 7 'a > O Y N d a Co M ; G_. ...... O .... M V r O C O E Q' c Q a c o .- m m c d N ��a w C E d w E d R o o� a 10 M M........................... N_ Q CO n 0 N a tm N U (U p E C it C c Cl) 3 Y m C y p U o N E d E m cn a t1 4) UaN cn p 3 m Eo mC UQX a � Q 4) c>> m a m _ E ga o - Q3ca O - (j o N ( C p w QM J a L 2 m Z OQ> r m N a O a co U 04'" E Q Y c L N CpN = fcR jo my p � > N > a N aN N YZ •.y °Y > °'o°' ow y o°oo v� cn a` v oU;a a a` � e Y co . cm O 2 O _ � N M � 1fl f0 1� aD O) O N M 7 � f0 h H• VJ d � y m C� C El r-� C r p D Ei n F, u Statement of Legal Proceedings: Proposal OWNER'S PROJECT MANAGER SERVICES SCHOOL DEPARTMENT ADMINISTRATION BUILDING Statement of Legal Proceedings, Firms Financial Capacity and Insurance Certificate Municipal Building Consultants has not been responsible for any accidents or safety violations and therefore have never had any fines assessed against the firm. Municipal Building Consultants has not had any litigations or legal actions assessed against the firm on any of its projects since the firms inception. r Firms Financial Capacity 6 Please find attached at the end of this section our firms latest corporate profit and loss statement. We are proud of our record of fiscal responsibility and stability since the establishment of the firm LJ in 1987. Municipal has the financial resources and capacity to complete this contract. Insurance Certificates Also attached at the end of this section is a sample insurance certificates that demonstrates conformance to the required insurance limits as noted in the RFP. UM Municipal Building Consultants, Inc. NOR7N E y Li to • of •Andover Statement of Legal Proceedings: Proposal OWNER'S PROJECT MANAGER SERVICES SCHOOL DEPARTMENT ADMINISTRATION BUILDING Statement of Legal Proceedings, Firms Financial Capacity and Insurance Certificate Municipal Building Consultants has not been responsible for any accidents or safety violations and therefore have never had any fines assessed against the firm. Municipal Building Consultants has not had any litigations or legal actions assessed against the firm on any of its projects since the firms inception. r Firms Financial Capacity 6 Please find attached at the end of this section our firms latest corporate profit and loss statement. We are proud of our record of fiscal responsibility and stability since the establishment of the firm LJ in 1987. Municipal has the financial resources and capacity to complete this contract. Insurance Certificates Also attached at the end of this section is a sample insurance certificates that demonstrates conformance to the required insurance limits as noted in the RFP. UM Municipal Building Consultants, Inc. n u 128.49 1,329.03 128.49 1,329.03 Municipal Building Consultants Inc. r Profit & Loss Prev Year Comparison L_J January through December 2011 Jan - Dec 11 Jan - Dec 10 Lj Ordinary Income/Expense Income r Income 943,545.00 936,765.00 '� Total Income 943,545.00 936,765.00 Cost of Goods Sold 601 • Officer Payroll 156,000.00 156,000.00 !, 600 • Direct Payroll 281,965.00 272,400.00 U 605 • Payroll Expense 31,149.90 34,953.20 678 • Subcontractors 1,440.00 64,695.00 677 • Travel 15,600.00 11,718.00 �l IIJ 680 • Cost Estimating 58,035.00 13,700.00 Total COGS 544,189.90 553,466.20 Gross Profit 399,355.10 383,298.80 Expense Li 650 • Depreciation 5,836.00 12,735.00 610 • Rent 6,000.00 6,000.00 rl 602 • Office Payroll 0.00 6,000.00 603 • Payroll Taxes Indirect 0.00 600.00 u 671 • Insurances 16,953.37 26,034.90 615 • Telephone 3,749.93 4,422.16 635 • Auto Expense 4,670.26 7,731.89 In 636 • Repairs 494.66 375.00 U 638 • Donations 2,540.00 2,115.74 644 • Mass. Excise Tax 1,668.00 456.00 645 • Taxes -Other 824.30 118.38 n 647 • Advertising 918.08 2,729.60 u 648 • Postage 334.73 206.59 649 • Supplies -Office 3,009.81 1,729.11 6591 • IT Supplies/Support 300.00 952.50 n 690 • Miscellaneous Expenses 0.00 593.66 656 • Dues & Subscriptions 2,013.00 2,700.00 U 658 • Accounting/Bookkeeping 5,680.00 7,380.00 675 • Interest Expense, Penalty 27510 n 00 n 679 • Meals 5,298.47 3,303.37 I U Total Expense 60,565.71 - 86,183.90 Net Ordinary Income Other Income/Expense Other Income 781 • Interest Income Total Other Income Net Other Income Net Income 338,789.39 297,114.90 1,329.03 128.49 1,329.03 128.49 1,329.03 128.49 340,118.42 297,243.39 Municipal Building Consultants Inc. Balance Sheet Prev Year Comparison As of December 31, 2011 Dec 31, 11 Dec 31, 10 . ASSETS Current Assets Checking/Savings 106 • Cash in Bank, Checking/Savings 242,148.41 201,034.71 Total Checking/Savings 242,148.41 201,034.71 Accounts Receivable 120 • Accounts Receivable 154,665.00 57,445.00 Total Accounts Receivable 154,665.00 57,445.00 Total Current Assets 396,813.41 258,479.71 Fixed Assets 170 • Equipment 11,337.43 10,401.66 171 • Vehicle 29,270.00 29,270.00 175 • Accumulated Depreciation -27,298.05 -21,462.05 Total Fixed Assets 13,309.38 18,209.61 TOTAL ASSETS 410,122.79 276,689.32 LIABILITIES & EQUITY Liabilities Current Liabilities Accounts Payable 220 • Accounts Payable 8,567.13 0.00 Total Accounts Payable 8,567.13 0.00 Other Current Liabilities Accrued Taxes 2,087.52 1,645.60 Total Other Current Liabilities 2,087.52 1,645.60 Total Current Liabilities 10,654.65 1,645.60 Total Liabilities 10,654.65 1,645.60 Equity Common Stock 1,000.00 1,000.00 3900 • Retained Earnings 274,043.72 -23,199.67 Distributions -215,694.00 0.00 Net Income 340,118.42 297,243.39 Total Equity 399,468.14 275,043.72 TOTAL LIABILITIES & EQUITY 410,122.79 276,689.32 n I� IAA DECLARATIONS U H I SCOX Hiscox Insurance Company Inc Please note that, except to such extent as may be provided otherwise, this Insurance is limited to those claims that are r 1 first made against the Insured and reported to underwriters during the Policy Period. Please see the insuring U agreements and also please review this Insurance carefully and discuss the coverage provided by this Insurance with your insurance agent, broker or representative. n Broker No.: US 0000749 The Keating Group Insurance Services �-� Policy No.: URA1080357.11 144 Turnpike Rd Southborough, Massachusetts 01772-2121 Renewal of: [New El Architects, Engineers, and Construction Managers Errors & Omissions Insurance (Program) 1. Named Insured: 2. Address: 3. Named Insured's Profession: 4.A. Limit of Liability: 4.B. 5. Retention: 6. Notice of Claim to: 7. Policy period: 8. Retroactive Date: 10. Premium: 11. Attachments: Municipal Building Consultants, Inc. 200 Sutton St North Andover,Massachusetts 01845-1656 Refer to Professional Services Description Endorsement $ 1,000,000 Each Claim, including Damages, Claim Expenses and Supplementary Payments $ 1,000,000 in the aggregate for all Claims, including Damages, Claim Expenses and Supplementary Payments $ 5,000 Each Claim, including Damages and Claim Expenses, but not Supplementary Payments ruacux I run. Hrcnuecis & tngineers Claims Department 520 Madison Avenue, 32nd Floor New York, NY 10022 1 A&Eclaims@hiscox.com Inception date: 10/17/2011 Expiration date: 10/17/2012 Inception date shown shall be at 12:01 A.M. (Standard Time) to Expiration date shown above at 12:01 AM. (Standard Time) at the address of the Named Insured. 12/29/1999 9. Date of Application: 10/17/2011 Processed Date: 10/11/2011 (1) E1500.1, (2) E1501.1, (3) E1504.1, (4) E1506.1, (5) E1507.1, (6) E1510.1, (7) E1518.1 IN WITNESS WHEREOF these Declarations have been signed at Armonk, New York Appointed Representative Hiscox Insurance Company Inc AA& E D ECO2/20/08 n IEW BUSINESS r? :FFECTIVE DATE: U 03/23/2012 Peerless Insurance. Mcmbcr of libmy NI -31 Group Policy Number: CBP 1041760 Prior Policy: Billing Type: DIRECT BILL Coverage Is Provided In PEERLESS INDEMNITY INSURANCE COMPANY n UNamed Insured and Mailing Address: MUNICIPAL BUILDING n CONSULTANTS, INC. 200 SUTTON ST NORTH ANDOVER MA 01845 .I LJ Agent: LAKESIDE INS AGENCY OF NH INC 1 WALL ST MANCHESTER NH 03101-1501 Agent Code: 8110104 Agent Phone: (603)-669-3218 r COMMON POLICY DECLARATIONS Li n return for the payment of premium, and subject to all the terms of this policy, we agree with you to provide the insurance as n>tated in this policy. U30LICY PERIOD: From: 03/23/2012 To: 03/23/2013 at 12:01 AM Standard Time at your mailing address shown above. ,n -ORM OF BUSINESS: CORPORATION 3USINESS DESCRIPTION: CONSTRUCTION CONSULTANT L -This policy consists of the following coverage parts for which a premium is indicated. This premium may be subject to adjustment. n LU Commercial Property Coverage Part n Equipment Breakdown Coverage Part Commercial General Liability Coverage Part Total Premium for all Liability Coverage Parts Commercial Auto Coverage Part Terrorism Risk Insurance Act of 2002 and 2005 Coverage Total Policy Premium n 4ORMS AND ENDORSEMENTS worms and Endorsements made a part of this policy at time of issue: ;Applicable Forms and Endorsements are omitted if shown in specific Coverage Part/Coverage Form Declarations Form Number Description LL0017 -1198 COMMON POLICY CONDITIONS IL0021 -0498 NUCLEAR ENERGY LIABILITY EXCLUSION (BROAD FORM) �L0003 -0907 CALCULATION OF PREMIUM U n U 7-57 (06/94) -- -- --._ .,.INSURED COPY----- �,,.... ., PREMIUM INCLUDED INCLUDED �U' nnncnn.� nnn.. ons p�nn �C TRAVELERS'!' CHANGE EFFECTIVE DATE: 03-23-12 VDAC WORKERS COMPENSATION AND EMPLOYERS LIABILITY POLICY CHANGE DOCUMENT WC 99 99 98 ( A) POLICY NUMBER: (7PJUB-0285N77-1 -12 ) NCCI CO CODE: 13579 INSURER: TRAVELERS PROPERTY CASUALTY COMPANY OF AMERICA INSURED'S NAME: MUNICIPAL BUILDING CONSULTANTS This change is issued by the Company or Companies that issued the policy and forms a part of the policy. It is agreed that the policy is amended as follows: An absence of an entry in the premium spaces below means that the premium adjustment, if any, will be made at time of audit. ADDITIONAL PREMIUM ADDITIONAL NON -PREMIUM RETURN PREMIUM $ NIL RETURN NON -PREMIUM $ NIL THE CURRENT POLICY EXPOSURES AND/OR CLASSIFICATIONS HAVE BEEN UPDATED TO REFLECT THE LATEST AVAILABLE AUDIT INFORMATION. THE FOLLOWING ENDORSEMENT(S) IS ADDED: WC89041500-01 POLICY INFO PAGE ENDT WC89061400-01 POLICY INFORMATION PAGE ENDORSEMENT WC999998 A-01 CHANGE DOCUMENT THE INFO PAGE SCHEDULE(S) ATTACHED REPLACE THOSE ON THE POLICY. DATE OF ISSUE: OG -01 -12 WC CHANGE NO: 001 PAGE 001 OF LAST POL. EFF. DATE: 03-23-12 POL. EXP. DATE: 03-23-13 OFFICE: DIRECT ASSIGNMENT 701 PRODUCER: 75R4H COUNTERSIGNED AGENT l Li r u F Li n U Li i� n Li n Li n Li M Li n Li •-""'^+ . Proposal OWNER'S PROJECT MANAGER SERVICES SCHOOL DEPARTMENT ADMINISTRATION BUILDING Town of North Andover CERTIFICATIONS 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. ignatur Date Patrick J. Saitta, President - Municipal Building Consultants, Inc. Print Name & Title Company Name CERTIFICATE OF TAX COMPLIANCE Pursuant to Chapter 62C of the Massachusetts General Laws, Section 49A (b), I Patrick J. Saitta, authorized signatory for Municipal Building Consultants, Inc. do hereby certify under the pains and penalties of perjury that said contractor has complied with all laws of the Commonwealth of Massachusetts, and the Town of North Andover, relating to taxes, permit or other fees, reporting of employees and contractors, and withholding and remitting child support. f -t U Signature n J- U Municipal !-1 Building Consultants, Inc. LJ Date e 11 n r n Li E n L J J E F Li n u L' n L' URBELIS & FIELDSTEEL, LLP 155 FEDERAL STREET BOSTON, MASSACHUSETTS 02110-1727 CAROL HAJJAR MCGRAVEY OF COUNSEL e-mail chm@uf-law.com October 22, 2012 Raymond Santilli Assistant Town Manager North Andover Town Offices 120 Main Street North Andover, MA 01845 RE: CONTRACT WITH MUNICIPAL BUILDING CONSULTANTS, INC. Dear Ray: Telephone 978-475-4552 Telephone 617-338-2200 Telecopier 617-338-0122 Enclosed please find the above -referenced contract, which has been approved as to form. Very truly yours, CarI Hajjar McGravey CHM/kmp Enclosure sAwp51\work\n-andove\corresp\santilli.ltr - contract9ldocx TOWN OF NORTH ANDOVER 120 MAIN STREET NORTH ANDOVER, MASSACHUSETTS 01845 Raymond T Santilli Assistant Town Manager Attorney Carol McGravey Urbelis & Fieldsteel, LLP 155 Federal Street Boston, MA 02110 Dear Ms. McGravey: � �10RTF� 1 p tt�eo e• ti0 O — 9 �9SSACHUSEttg October 18, 2012 TEL (978) 688-9516 FAX (978) 688-9556 Enclosed please find for your review and approval three (3) original contracts, with accompanying documentation, between the Town of North Andover and Municipal Building Consultants, Inc to provide Owner's Project Manager services for a new School Department administration building in accordance with the Request for Qualifications dated August 1, 2012. Thank you in advance for your attention to this matter. Sincerely, Raymond T. Santilli Assistant Town Manager Enclosures Municipal Building Consultants, inc. 200 Sutton Street North Andover, Ma. 01845 Ray Santilli Assistant Town Manager North Andover Town Hall 120 Main Street North Andover, Ma. 01845 October 17, 2012 Re: OPM Contracts for the North Andover School Department Administration Building. Dear Mr. Santilli, We are returning 3 copies of signed contracts with appropriate insurance certificates as requested. We have noted and initialed on page one the attached revised proposal dated 10/5/12 that identifies the changes that were agreed to in our meeting to discuss the reduction in scope of services to eliminate any misunderstandings and clarify our project management duties. Please return an executed copy for our records at your earliest convenience. We appreciate the opportunity to serve the Town's OPM needs and look forward to a successful project completed in a cooperative environment. Sincerely, *-In.;".' President . 6. O CERTIFICATE OF LIABILITY INSURANCE �..-�' ATE 10/17/2012 D0/17tIDD012 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER FIAI/Cross Ins -Manchester 1100 Elm Street NAME: NTACT Lynn Masello PHONE(603) 669-3218 A/C No: (603)645-4331 E-MAIL ADDRESS: g ency mlmasello@crossa CO INSURERS AFFORDING COVERAGE NAIC # Manchester NH 03101 INSURERA:Peerless Indemnity Ins Co 18333 INSURED INSURER B :HiscoX Insurance Co. Inc. Municipal Building Consultants, Inc. INSURER C : 200 Sutton Street INSURER D: INSURER E: X North Andover MA 01845 INSURER F COVERAGES CERTIFICATE NUMBER:Municipal Bldq 2012 REVISION NLIMRER- THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. ILTR TYPE OF INSURANCE I L U R POLICY NUMBER POLICY EFF POLICY MI DYE LIMITS GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 A X COMMERCIAL GENERAL LIABILITY CLAIMS -MADE OCCUR X CBP1041760 /23/2012 /23/2013 PREMISES Ea occurrence $ 100,000 MED EXP (Any one person) $ 15,000 PERSONAL & ADV INJURY $ 1,000,000 GENERAL AGGREGATE $ 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP/OP AGG $ 2,000,000 POLICY PRO FXI LOC $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT Ea accident $ 11000 000 BODILY INJURY (Per person) $ A ANY AUTO ALL OWNED SCHEDULED AUTOS AUTOS CBP1041760 /23/2012 /23/2013 BODILY INJURY (Per accident $ ) X HIRED AUTOS X NON -OWNED AUTOS PROPERTY DAMAGE Per accident) ccident $ UMBRELLA LIABOCCUR HCLAIMS-MADE EACH OCCURRENCE $ EXCESS LIAB AGGREGATE $ DED I I RETENTION $ $ B WORKERS COMPENSATION AND EMPLOYERS' LIABILITYTORY N ANY PROPRIETOR/PARTNER/EXECUTIVE YIN OFFICER/MEMBER EXCLUDED? (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS bel N / A 028SN771 (a) MA /23/2012 /23/2013 I X WC STATU- OTH- HMITS ER E.L. EACH ACCIDENT $ 100,000 E.L. DISEASE - EA EMPLOYE $ 100 000 E.L. DISEASE - POLICY LIMIT 1 $ 500,000 B Professional Liability 108035712 0/17/2012 0/17/2013 Each Claim 1,000,000 Retention 5,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (Attach ACORD 101, Additional Remarks Schedule, If more space is required) Issued as evidence of coverage on behalf of the Named Insured during the policy period at: New North Andover School Department Administration Building. Town of North Andover is Additional Insured under General Liability as required by written contract. CERTIFICATE HOLDER CANCELLATION %�v I U1UU1 ©1988-2010 ACORD CORPORATION. All rights reserved. INS025/9mnn5im Tho Ar (-)Pn name anri Innn arc rcnictcrcrl marina of Annpn SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Town of North Andover ACCORDANCE WITH THE POLICY PROVISIONS. 120 Main Street AUTHORIZED REPRESENTATIVE North Andover, MA 01845 nr`Aon nr i�n�nnr Judith George/LM5—' �� %�v I U1UU1 ©1988-2010 ACORD CORPORATION. All rights reserved. INS025/9mnn5im Tho Ar (-)Pn name anri Innn arc rcnictcrcrl marina of Annpn TOWN OF NORTH ANDOVER 120 MAIN STREET NORTH ANDOVER, MASSACHUSETTS 01845 Raymond T Santilli Assistant Town Manager Mr. Gordon Sainsbury Executive Director Designer Selection Board One Ashburton Place, Room 1004 Boston, MA 02108 Dear Mr. Sainsbury: � �10RTh q 4O A �A�1TI01PR��.�i 9SSHCHUSE� October 17, 2012 TEL (978) 688-9516 FAX (978) 688-9556 Pursuant to the Town's advertised project (Central Register Volume 32, Issue 31 dated 8/1/2012) following is the schedule for the New School Department Administration Building: Oct 15, 2012 Contract for OPM Services Dec 10, 2012 Contract for Architect/Designer Jan/Feb, 2013 Schematic design and cost estimates May 21, 2013 Town Meeting approval for construction costs Jul/Aug, 2013 Specifications and bid process Oct 2013 — Sep 2014 Construction Fall 2014 Occupancy If you require any additional information, please do not hesitate to contact me. Sincerely, 1�0rS.- . Raymond T. Santilli Assistant Town Manager f DEVAL L. PATRICK GOVERNOR TIMOTHY P. MURRAY LIEUTENANT GOVERNOR 8/20/2012 q"fi rpm du 40", av""'Vi 6w A&cPi, 5?oowzi 4004 ,Wodo"i, 02408 TEL: (617) 727-4046 BERNIE FELDSTEIN FAX: (617) 727-0112 CHAIRMAN Ray Santilli, Assistant Town Manager Town of North Andover 120 Main Street North Andover, MA 01845 Central Register Reminder for Designer Evaluation Dear Ray Santilli, Assistant Town Manager GORDON P. SAINSBURY, AIA, RIBA EXECUTIVE DIRECTOR As mentioned in my July 2002 correspondence, I would like to remind you of the need to submit a Designer Evaluation Form for your recently advertised project (Central Register Volume 32, Issue 31 dated 8/1/2012 referred to as New School Department Administration Building within 70 days of the occupancy date of the project. Please forward the schedule for this project with the expected occupancy date. An additional reminder will be sent out based on this schedule. For more information on Designer Evaluations and/or a Microsoft Word version of the forms please refer to the web page at.www.mass.gov/dcam/dsb. Sincerely Gordon P. Sainsbury, AIA; RIBA. Executive Director, Designer Selection Board QA TOWN OF NORTH ANDOVER 120 MAIN STREET NORTH ANDOVER, MASSACHUSETTS 01845 Raymond T Santilli Assistant Town Manager Mr. Patrick Saitta, President Municipal Building Consultants, Inc 200 Sutton Street North Andover, MA 01845 Dear Mr. Saitta: October 16, 2012 TEL (978) 688-9516 FAX (978) 688-9556 The Town of North Andover has decided to award a contract to Municipal Building Consultants, Inc to provide Owner's Project Manager services associated with the renovation or replacement of the former police station structure to construct a modern, state-of-the-art School Department administration building. Enclosed please find three (3) original standard Town of North Andover contracts for appropriate review and signature. Please return the signed contract documents and all required accompanying paperwork to my attention as soon as possible. Please ensure that all insurance certificates list the Town of North Andover as an "additional insured". If you have any questions and/or concerns, please call me. Sincerely, Raymond T. Santilli Assistant Town Manager Enclosures (D D- m0 Cr CL p) A Z, (D a =� < .. CD 0), 6 N CD — 7 00 O C a 0 rn n) 3 Q. CD 7' N' A N O 3 O a O DD Cn ( (D CA G) ? r< 0 (D W Q 0 CO m D � rn M C') N' 3 go Q o• N N = N p v < v co v w � ° m ni o m O a m CD CD 0 n CD O X a N cr G O CDO � C � D O (D N = O CD CL C1 Q 4 Q N N :Q N �p v < D Q m O 0 �D O 3 O fl' Z 7 D cAD O U3 N CL v � 3 5' CL La0 v -69 w w 0 0 0 0 v D c cc U) 00 W COO J � N O_ N W 0 CO W w 0 N W 0 O O O W CT N W CO O O v < v co v a o m a m 0 o a N G O � C � O (D N = O 4 CL C1 Q 4 Al N :Q N �p v < D v m N a <D C 3 O = O c C1 v < D m O 0 �D O 3 O fl' Z 7 cAD O U3 N v � O a A A O C 7 Z C a Q A / ,4 ADVERTISER: NORTH ANDOVER TOWN CLERK For Billing Questions Call: 978-725-5110 Billing Date: 08/31/12 Account Number: 6889501 Page 1 of 1 Balance Broug t orward $742.88 Payments & Credits -$540.09 Charges & Adjustments $143.00 Finance Charges $0.00 Total $345.79 07/31/12 Balance Brought Forward 742.88 08/06/12 Payment -254.08 08/21/12 Payment -286.01 ET - Eagle Tribune Ord:10625540 Legals Class Display, LEG - Legals PROPOSALS for OPM 1 44.00 3.25 143.00 143.00 8/9/2012 ?" '- "V�� - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - ******PLEASE RETURN BOTTOM PORTION WITH YOUR PAYMENT—"' Payment Due Date: 912512012 Account No: 6889501 NORTH ANDOVER TOWN CLERK KAREN FITZGIBBONS 120 MAIN ST NORTH ANDOVER MA 01845-2420 Amount Due: $ Amount Paid: $ /,(/ 3. 00 Balances over 30 days are subject to a 1.5% finance charge or $5.00, whichever is greater. Check Number: Over 30 Over 60 Over 90 Over 120 Use Reverse side to pay by credit card .00 .00 246.79 -44.00 �� tM Municipal Building Consultants, Inc. 200 sutton Street North Andover, Ma. 01845 Mr. Ray Santilli Assistant Town Manager North Andover Town Hall 120 Main Street North Andover, Ma. 01845 Re: School Department Administration Building Price Proposal 5 -Oct -12 Dear Mr. Santilli Thank you and Jim Mealey for allowing me to present our price propoasl for OPM services for the Town's School Department's Administrative Building Project. Acknowledging the project's budget constraints, we have revised our proposal to include only the number of hours indicated herein to coincide with the Town's allotted amount for OPM services. The qualifications to this propoasl are listed at the end of the pricing information. Phase 1- October 2012 Feasa i ity & Sc erratic Patrick Saitta, Proj exec/manager igh June 2013 'own meeting an vote Hours Rate Total 88 $ 180.00 $ 15,840.00 i otai cost tnrough Town vote - June 2013 $ 15,840.00 Phase 2 - July 2013 - September 2013 DD and construction document Phase Patrick Saitta, Project exec/mgr Hours Rate Total 60 $ 180.00 $ 10,800.00 Total cost DD through construction document phase $ 10,800.00 Page 1 of 3 Phase 3 - October 2013 - November 2013 Bidding and Award Phase Patrick Saitta, Project exec/mgr Hours 16 Rate $ 180.00 Total $ 2,880.00 Total cost bidding and award phase $ 2,880.00 Phase 4 - December 2013 - September 2014 (10 months ) Construction phase Patrick Saitta, Project exec/mgr Hours 260 Rate $ 180.00 Total $ 46,800.00 Total cost for construction phase $ 46,800.00 Phase 5 - October 2014 - November 2014 punch list and closeout phase Patrick Saitta, Project exec/mgr Hours 16 Rate $ Total 180.00 $ 2,880.00 Total cost for punch list and closeout phase 440 $ 2,880.00 Total cost phases 1- 5 $ 79,200.00 Qualifications: *Rates inclued all home office overhead, travel and other similar expenses *review of cost estimates provided by the Architect's independent estimator is included, but not separate estimates. * Project will be bid Lump Sum per chapter 149 - No CM * Due to size of project no prequalification of contractors is included * Since we assume no State funds are involved, M/WBE requirements are not inclueded. * Field office, equipment and supplies for The Town's field representative will be provided for in the General contractor specifications which is standard procedure. * Due to the size of the project and budget constraints, a field representative is not included in this proposal * Propoasl includes all insurance noted in the RFQ except for the General Liability for which we carry $1,000,000 limit (acceptable to MSBA) * It is understood that the hourly allocation is limited to the number of hours indicated in this proposal and additional time may be assigned and schedule adjusted at the discretion of the Town at mutually agreeable terms * Attachment A dated 10/5/12 - generally describes the scope of the OPM service Page 2 of 3 We appreciate the opertunity to work with the Town of North Andover and look forward to another project completed successfully in a cooprative and professional manner. Please contact me at your convenience should you have any questions. Submitted: Municipal Building Consultants, Inc. by: Patrick Saitta, Presi en signature: date: // /Z Page 3 of 3 Accepted: Town of North Andover by: signature: date: review addenda information receive and review sub and GC price proposals review update statements assist in final review and award of construction contract 16 assist in procurment of testing and commissioning services December 2013 - September 2014 (construction phase-10 mo.) Project manager - attend construction and owner meetings, observe construction at job meetings, provide input on payment requests & change requests, update budget and schedule, assist in resolving disputes 260 October 2014 - November 2014 ( punch list and closeout) - review punchlist, and closeout paperwork 16 Totals 440 CONTRACT FOR PROJECT MANAGEMENT' SERVI!CES CONTRACT # DATE: This Contract is entered into on, or as of, this date by and between the Town of North Andover (the "Town"), and Contractor: Municipal Building Consultants, Inc Address: 200 Sutton Street North Andover, MA 01845 Telephone Number: 978-686-3766 Fax Number: 978-685-2357 to provide the Project Management services required to complete the Basic and Extra Services described herein for the construction of a new school administration building ("the Project"). The Owner's Project Manager is authorized to perform the services required by this Contract through the Feasibility Study Phase and, pending receipt of a written Approval to proceed from the Town, through the Schematic Design Phase. At the town's option, the Owner's Project manager may be authorized to perform services for subsequent design phases and/or the Construction Phases and Completion Phase, at which time a mutually agreed upon amendment to this Contract will be executed between the Owner and the Owner's Project Manager. For the performance of the services required under this Contract for the Feasibility Study Phase and the Schematic Design Phase, the Owner's Project Manager shall be compensated by the Town for Basic Services in accordance with the Payment Schedule included as Attachment A. IN WITNESS WHEREOF, the Town and the Owner's Project Manager have caused this Contract to be executed by their respective authorized officers. THE TOWN THE CONTRACTOR Town Manager Date Signature Approved as to form: Town Counsel Print Name & Title Date CERTIFICATION OF AVAILABLE FUNDS Town Accountant Contract by and between Town of North Andover and Municipal Building Consultants, Inc Page 1 f- S Municipal Building Consultants, Inc. 200 sutton Street North Andover, Ma. 01845 Mr. Ray Santilli Assistant Town Manager North Andover Town Hall 120 Main Street North Andover, Ma. 01845 Re: School Department Administration Building Price Proposal 28 -Sep -12 Dear Mr. Santilli We appreciate the notice that we have been selected as the Project Manager for the new School Administration Building. As requested, we are submitting our price proposal by phase as follows: Phase 1- through Town vote - June 2013 Preliminary and Architectural procurement phase Patrick Saitta, Proj exec/manager Chuck Adam, Assist Proj manager Schematic and Design Development Phases Patrick Saitta, Proj exec/manager Chuck Adam, Assist Proj manager Construction Docment Phase Patrick Saitta, Proj exec/manager Chuck Adam, Assist Proj manager Town Meeting and Town vote Patrick Saitta, Project exec/mgr Chuck Adam, Assist proj mgr Notes: Hours Rate Total 76 $ 180.00 $ 13,680.00 24 $ 175.00 $ 4,200.00 120 $ 180.00 $ 21,600.00 40 $ 175.00 $ 7,000.00 120 $ 180.00 $ 21,600.00 60 $ 175.00 $ 10,500.00 8 $ 180.00 $ 1,440.00 0 $ 175.00 $ - Total cost through Town vote - June 2013 $ 80,020.00 *Rates inclued all home office overhead, travel and other similar expenses *review of cost estimates provided by the Architect's independent estimator is included, but not separate estimates due to size of project. Phase 2 - Bidding throug construction phase Hours Rate Bidding and Award Phase Patrick Saitta, Project exec/mgr Chuck Adam, Assist proj mgr Construction Phase -10 months Patrick Saitta, Project exec/mgr Chuck Adam, Assist proj mgr Field representative (clerk of works) Punch list and closeout paperwork Patrick Saitta, Project exec/mgr Chuck Adam, Assist proj mgr Field representative (clerk of works) Notes: Total 44 $ 180.00 $ 7,920.00 16 $ 175.00 $ 2,800.00 320 $ 180.00 $ 57,600.00 40 $ 175.00 $ 7,000.00 1720 $ 90.00 $ 154,800.00 24 $ 180.00 $ 4,320.00 8 $ 175.00 $ 1,400.00 48 $ 90.00 $ 4,320.00 rota) cost bidding through construction $ 240,160.00 * Project will be bid Lump Sum per chapter 149 - No CM * Due to size of project no prequalification of contractors is included * Since we assume no State funds are inclueded, no M/WBE requirements are mandated * Field office, equipment and supplies for our field representative will be provided for in the General contractor specifications which is standard procedure. * Due to the size of the project, a full time field representative may not be necessary and a reduction in the field representive hours should be discussed. * Phase 2 costs will be finalized during the design phase as the scope of the project is defined and scheduled is fixed. We appreciate the opertunity to work with the Town of North Andover and look forward to another successful project completed "on time and under budget". Please contact me at your convenience with any questions or to arrange a meeting to discuss our proposal. Sin Patric Saitta President ItM Municip al Building Consultants, Inc. North Andover School Administration Building Project OPM hourly projection for service 28 -Sep -12 Hours - PS Hours - CA Hours - Clerk Preliminary and architectural procurement Phase Patrick Saitta, Project exec/mgr 76 Chuck Adam, assist proj mgr 24 Schematic and Design Development Phase Patrick Saitta, Project exec/mgr 120 Chuck Adam, Assist proj mgr 40 Construction Document Phase Patrick Saitta, Project exec/mgr 120 Chuck Adam, Assist proj mgr 60 Town meeting and Town vote Patrick Saitta, Project exec/mgr 8 Chuck Adam, Assist proj mgr 0 Total hours to Town vote - June 2013 324 124 0 Bidding and award phase Patrick Saitta, Project exec/mgr 44 Chuck Adam, Assist proj mgr 16 Construction Phase -10 months Patrick Saitta, Project exec/mgr 320 Chuck Adam, Assist proj mgr 40 Field representative (clerk of works) 1720 Punch list and closeout paperwork Patrick Saitta, Project exec/mgr 24 Chuck Adam, Assist proj mgr 8 Field representative (clerk of works) 48 Total hours for bidding and construction phases 388 64 1768 Municipal Building Consultants, Inc. North Andover School Administration Facility - projection of OPM hours 9/28/2012 October 2012 - (prelim and architect procurment phase) Hours proj mgr Hours field rep review existing site and building information prep communication plan and prelim schedule assist Town in preparing architect RFP solicitation establish preliminary budget attend meetings (4) and prep minutes project review and monthly reports 100 process communications and correspondence review architect proposals and check references attend architect interviews and assist in reccomedations review architect price proposal and contract coordinate necessary site geotechnical and survey reqmts prep prelim cash flow schedule communicated with Town departments and Boards finalize architect agreement and commence design November 2012 - December 2012 (schematic and design development phases) meet with architect, Town, NASD, Tech rev committee, etc. review and comment on progression of schematic documents review and comment on add /reno and new options value engineer project as documents advance assist in developing preferred design option review architect estimates and cost information 160 prepare total project budget and schedule prepare monthly reports process communications and correspondence finalize project costs and schedule for Town meeting attend community forums and meetings attend meeting with Town officials and boards assist in preparing for Town meeting January 2013 - April 2013 (construction doument phase) review design development phase documents attend meetings, process correspondence and VE review monthly reports, update budget and schedule review architect construction cost estimate review construction phase design documents 180 attend meetings, process correspondence and VE review monthly reports, update budget and schedule review architect construction cost estimate assist in finalizing bidding documents May 2013 - June 2013 Town Meeting and Town vote g July 2013 - August 2013 (Bidding and Award phase) review addenda and assist in bidder communications receive and review sub and GC price proposals check update statements 60 assist in final review and award of construction contract assist in procurment of testing and commissioning services September 2013 - July 2014 (construction phase -10 mo.) assist in FF&E and Technology procurment Project manager - construction and owner meetings, process payment requests, update budget and schedule, assist in resolving disputes, and work with architect and Town on all issues 360 field represnetative - monitor construction, coord testing services, process requisitions and CO's, daily reports, monitor payroll affidavits and monitor quality issues 1720 August 2014 - October 2012 ( punch list and closeout) monitor punchlist, as - built darwings, inventory and closeout paperwork 32 48 Totals 900 1768 Santilli, Ray From: Patrick Saitta [patrick.saitta@municipalbuildingconsultants.com] Sent: Wednesday, September 26, 2012 11:36 AM To: Santilli, Ray Cc: Chuck Adam Subject: NASD Administration Office Project Importance: High Good morning Ray, We acknowledge and appreciate your notice that our firm was selected as the Town's Project Manager for the School Department's new office facility subject to an acceptable fee arrangement. As requested we are preparing our price proposal which we will deliver the end of this week for your review. We have reviewed the RFP, Addenda #1 and the Town's Facilities Master Plan and we are making certain assumptions regarding schedule and scope of services required which will be identified in our proposal for discussion. We thank you and the members of the selection committee for selecting our firm and we look forward to a successful project delivered "on time" and "under budget". Regards, Pat Patrick Saitta President Municipal Building Consultants, Inc. 200 Sutton Street North Andover, MA 01845 (978)686-5766 num Municipal ftudlas CanWianft, Inc. Please note the Massachusetts Secretary of State's office has determined that most emails to and from municipal offices and officials are public records. For more information please refer to: http://www.sec.state.ma.us/pre/preidx.htm. Please consider the environment before printing this email. 1 Santilli, Ray From: Chris Gentile [cgentile@netcomanage.com] Sent: Wednesday, September 19, 2012 10:23 AM To: Santilli, Ray Subject: RE: OPM Presentation/Interview the 24tn1 Dear Mr. Santilli- We pleased to have been selected and look forward to seeing you at the interview on Monday Chris Gentile NETCO -----Original Message ----- From: Santilli, Ray[mailto:rsantill0townofnorthandover.com] Sent: Tuesday, September 18, 2012 3:21 PM To: 'cgentile@netcomanage.com' Subject: OPM Presentation/Interview Ray Santilli Assistant Town Manager Town of North Andover 120 Main Street North Andover, MA 01845 Phone 978.688.9516 Fax 978.688.9556 Email rsantilli@townofnorthandover.com Web www.townofnorthandover.com 4 s a � <4:taUG� Please note the Massachusetts Secretary of State's office has determined that most emails to and from municipal offices and officials are public records. For more information please refer to: hftp://www.sec.state.ma.us/pre/preidx.htm. Please consider the environment before printing this email. Santilli, Ray From: Steve Rusteika [srusteika@pmaconsultants.com] Sent: Tuesday, September 18, 2012 3:56 PM To: Santilli, Ray Cc: Monther Mardini; Kevin Nigro Subject: RE: OPM Presentation/Interview Thank you Ray. We greatly appreciate the opportunity and look forward to the interview on Monday. See you then. Steve Rusteika, PMA Consultants LLC From: Santilli, Ray[mailto:rsantill(atownofnorthandover.coml Sent: Tuesday, September 18, 2012 3:22 PM To: Steve Rusteika Subject: OPM Presentation/Interview Ray Santilli Assistant Town Manager Town of North Andover 120 Main Street North Andover, MA 01845 Phone 978.688.9516 Fax 978.688.9556 Email rsantilli@townofnorthandover.com Web www.townofnorthandover.com Please note the Massachusetts Secretary of State's office has determined that most emails to and from municipal offices and officials are public records. For more information please refer to: hftp://www.sec.state.ma.us/pre/preidx.htm. Please consider the environment before printing this email. Santilli, Ray From: Patrick Saitta[patrick.saitta@municipalbuildingconsultants.com] Sent: Tuesday, September 18, 2012 3:30 PM To: Santilli, Ray Subject: RE: OPM Presentation/Interview Good afternoon Ray, Thank you for the invitation, we look forward to our interview on Monday. Regards, Pat From: Santilli, Ray fmailto:rsantill0townofnorthandover.com] Sent: Tuesday, September 18, 2012 3:20 PM To:'Patrick.saitta@municipalbuildingconsultants.com' Subject: OPM Presentation/Interview Ray Santilli Assistant Town Manager Town of North Andover 120 Main Street North Andover, MA 01845 Phone 978.688.9516 Fax 978.688.9556 Email rsantilli@townofnorthandover.com Web www.townofnorthandover.com Please note the Massachusetts Secretary of State's office has determined that most emaiis to and from municipal offices and officials are public records. For more information please refer to: http://www.sec.state.ma.us/pre/preidx.htm. Please consider the environment before printing this email. TOWN OF NORTH ANDOVER 120 MAIN STREET NORTH ANDOVER, MASSACHUSETTS 01845 Raymond T Santilli Assistant Town Manager Mr. Patrick Saitta, President Municipal Building Consultants, Inc 200 Sutton Street North Andover, MA 01845 Dear Mr. Saitta: September 18, 2012 TEL (978) 688-9516 FAX (978) 688-9556 The Town has reviewed the proposals submitted in response to the Request for Qualifications for Owner's Project Manager (OPM) services associated with the renovation or replacement of the former police station structure to construct a modern, state-of-the-art School Department administration building. Your proposal has been selected as a finalist to be considered by the Town. The finalists have been scheduled for a short presentation (10-15 minutes) and interview session (10-15 minutes). Your presentation/interview is scheduled for Monday, September 24, 2012 at 10:00 a.m. in Conference Room 2 at the North Andover Town Hall. Please wait in the Town Manager's office complex upon your arrival. During your presentation, you should be prepared to elaborate on your written proposal, the firm's background on similar projects, and the qualifications of assigned personnel. If you have any questions and/or concerns, please call me. Sincerely, Raymond T. Santilli Assistant Town Manager TOWN OF NORTH ANDOVER 120 MAIN STREET NORTH ANDOVER, MASSACHUSETTS 01845 Raymond T Santilli TEL (978) 688-9516 Assistant Town Manager x FAX (978) 688-9556 September 18, 2012 Ms. Christine Gentile Project Adminstrator NETCO 21 Worthen Road Lexington, MA 02421 Dear Ms. Gentile: The Town has reviewed the proposals submitted in response to the Request for Qualifications for Owner's Project Manager (OPM) services associated with the renovation or replacement of the former police station structure to construct a modern, state-of-the-art School Department administration building. Your proposal has been selected as a finalist to be considered by the Town. The finalists have been scheduled for a short presentation (10-15 minutes) and interview session (10-15 minutes). Your presentation/interview is scheduled for Monday, September 24,. 2012 at 10:30 a.m. in Conference Room 2 at the North Andover Town Hall. Please wait in the Town Manager's office complex upon your arrival. During your presentation, you should be prepared to elaborate on your written proposal, the firm's background on similar projects, and the qualifications of assigned personnel. If you have any questions and/or concerns, please call me. Sincerely, i%dT. Santilli Assistant Town Manager Raymond T Santilli Assistant Town Manager TOWN OF NORTH ANDOVER 120 MAIN STREET NORTH ANDOVER, MASSACHUSETTS 01845 September 18, 2012 Mr. Stephen Rusteika, Jr. Managing Principal & Senior Project Manager PMA Construction Services 25 Braintree Hill Office Park, Suite 303 Braintree, MA 02184 Dear Mr. Rusteika: TEL (978) 688-9516 FAX (978) 688-9556 The Town has reviewed the proposals submitted in response to the Request for Qualifications for Owner's Project Manager (OPM) services associated with the renovation or replacement of the former police station structure to construct a modern, state-of-the-art School Department administration building. Your proposal has been selected as a finalist to be considered by the Town. The finalists have been scheduled for a short presentation (10-15 minutes) and interview session (10-15 minutes). Your presentation/interview is scheduled for Monday, September 24, 2012 at 11:00 a.m. in Conference Room 2 at the North Andover Town Hall. Please wait in the Town Manager's office complex upon your arrival. During your presentation, you should be prepared to elaborate on your written proposal, the firm's background on similar projects, and the qualifications of assigned personnel. If you have any questions and/or concerns, please call me. Sincerely, Raymond T. Santilli Assistant Town Manager OPM Services - School Administration Building Summary: Atlantic Construction & Mgmt Diversified Project Management LIEBSTUDIOS: architecture Municipal Building Consultants NETCO Construction Project Mgrs PMA Construction Services P3 Project Planning Professionals Riverside Engineering Vertex Construction Services Score 38 63 11 73 71 71 34 3 63 QPM Services - School Administration Building Company: Atlantic Construction & Management Steve F Jim M Bruce T Comparative Criteria A 1 3 1 Comparative Criteria B 3 5 3 Comparative Criteria C 3 5 5 Comparative Criteria D 1 3 1 Comparative Criteria E 1 3 0 Subtotal: 9 19 10 Score 38 Company: Diversified Project Management Steve F Jim M Bruce T Comparative Criteria A 3 5 5 Comparative Criteria B 3 5 5 Comparative Criteria C 3 5 5 Comparative Criteria D 3 5 5 Comparative Criteria E 3 5 3 Subtotal: 15 25 23 Score 63 Company: LIEBSTUDIOS: architecture Steve F Jim M Bruce T Comparative Criteria A 0 1 0 Comparative Criteria B 0 5 0 Comparative Criteria C 0 3 0 Comparative Criteria D 0 1 0 Comparative Criteria E 0 1 0 Subtotal: 0 11 0 Score 11 Comparative Criteria A Comparative Criteria B Comparative Criteria C Comparative Criteria D Comparative Criteria E Comparative Criteria A Comparative Criteria B Comparative Criteria C Comparative Criteria D Comparative Criteria E Comparative Criteria A Comparative Criteria B Comparative Criteria C Comparative Criteria D Comparative Criteria E OPM Services - School Administration Building Company: Municipal Building Consultants Steve F Jim M Bruce T 5 5 5 3 5 5 5 5 5 5 5 5 5 5 5 Subtotal: 23 25 25 Score 73 Company: NETCO Construction Project Managers Steve F Jim M Bruce T 5 5 5 3 5 5 3 5 5 5 5 5 5 5 5 Subtotal: 21 25 25 Score 71 Company: PMA Construction Services Steve F Jim M Bruce T 5 5 5 5 5 5 5 5 5 5 5 5 3 5 3 Subtotal: 23 Score 71 25 23 OPM Services - School Administration Building Company: P3 Project Planning Professionals Steve F Jim M Bruce T Comparative Criteria A 0 5 0 Comparative Criteria B 0 5 3 Comparative Criteria C 0 5 5 Comparative Criteria D 0 5 0 Comparative Criteria E 0 5 1 Subtotal: 0 25 9 Score 34 Company: Riverside Engineerin Steve F Jim M Bruce T Comparative Criteria A Steve F Jim M Bruce T Comparative Criteria A 0 0 1 Comparative Criteria B 0 0 1 Comparative Criteria C 0 0 0 Comparative Criteria D 0 0 1 Comparative Criteria E 0 0 0 Subtotal: 0 0 3 Score 3 Company: Vertex Construction Services Steve F Jim M Bruce T Comparative Criteria A 3 5 5 Comparative Criteria B 5 5 5 Comparative Criteria C 3 5 5 Comparative Criteria D 3 5 5 Comparative Criteria E 3 3 3 Subtotal: 17 23 23 Score 63 Ll COMPANY: SUMMARY ALL MINIMUM CRITERIA/QUALIFICATIONS MET: YES NO SCORE FOR COMPARATIVE EVALUATION CRITERIA A: t SCORE FOR COMPARATIVE EVALUATION CRITERIA B. SCORE FOR COMPARATIVE EVALUATION CRITERIA C: SCORE FOR COMPARATIVE EVALUATION CRITERIA D: ` SCORE FOR COMPARATIVE EVALUATION CRITERIA E: TOTAL SCORE: I NAME OF EVALUATOR: Si,l' DATE: 9A L U l y Evaluation of'OPM Services — School Department Administration Building' Submissions Page 5 of 5 COMPANY: SUMMARY ALL MINIMUM CRITERIA/QUALIFICATIONS MET: YES �NO SCORE FOR COMPARATIVE EVALUATION CRITERIA A: SCORE FOR COMPARATIVE EVALUATION CRITERIA B: 3 SCORE FOR COMPARATIVE EVALUATION CRITERIA C: - SCORE FOR COMPARATIVE EVALUATION CRITERIA D: " SCORE FOR COMPARATIVE EVALUATION CRITERIA E: TOTAL SCORE: NAME OF EVALUATOR: DATE: 5, 5, 0-4 /�- Evaluation of'OPM Services — Scbool Department Administration Building' Submissions Page S of S COMPANY: SUMMARY ALL MINIMUM CRITERIA/QUALIFICATIONS MET: YES NO SCORE FOR COMPARATIVE EVALUATION CRITERIA A: SCORE FOR COMPARATIVE EVALUATION CRITERIA B: SCORE FOR COMPARATIVE EVALUATION CRITERIA C: SCORE FOR COMPARATIVE EVALUATION CRITERIA D: SCORE FOR COMPARATIVE EVALUATION CRITERIA E: TOTAL SCORE: NAME OF EVALUATOR: DATE: Evaluation of'OPM Services — School Department Administration Building' Submissions Page 5 of 5 COMPANY: SUMMARY ALL MINIMUM CRITERIA/QUALIFICATIONS MET: YES �0 SCORE FOR COMPARATIVE EVALUATION CRITERIA A: SCORE FOR COMPARATIVE EVALUATION CRITERIA B: SCORE FOR COMPARATIVE EVALUATION CRITERIA C. SCORE FOR COMPARATIVE EVALUATION CRITERIA D: SCORE FOR COMPARATIVE EVALUATION CRITERIA E: TOTAL SCORE: ._3 3 NAME OF EVALUATOR DATE: Evaluation of `OPM Services — School Department Administration Building' Submissions Page 5 of 5 COMPANY:/V � �5�,VCv% G% i SUMMARY ALL MINIMUM CRITERIA/QUALIFICATIONS MET: YESNO SCORE FOR COMPARATIVE EVALUATION CRITERIA A: SCORE FOR COMPARATIVE EVALUATION CRITERIA B: SCORE FOR COMPARATIVE EVALUATION CRITERIA C: 3 SCORE FOR COMPARATIVE EVALUATION CRITERIA D: SCORE FOR COMPARATIVE EVALUATION CRITERIA E: S TOTAL SCORE: �- NAME OF EVALUATOR: DATE: 9''5, z. -e, -L Evaluation of `OPM Services — School Department Administration Building' Submissions Page 5 of 5 COMPANY: SUMMARY ALL MINIMUM CRITERIA/QUALIFICATIONS MET: YES --ZNO SCORE FOR COMPARATIVE EVALUATION CRITERIA A: SCORE FOR COMPARATIVE EVALUATION CRITERIA B: SCORE FOR COMPARATIVE EVALUATION CRITERIA C: SCORE FOR COMPARATIVE EVALUATION CRITERIA D: SCORE FOR COMPARATIVE EVALUATION CRITERIA E: 3 TOTAL SCORE: ZI- 3 NAME OF EVALUATOR: DATE: Evaluation of `OPM Services — School Department Administration Building' Submissions Page 5 of 5 COMPANY: SUMMARY ALL MINIMUM CRITERIA/QUALIFICATIONS MET: YES NO SCORE FOR COMPARATIVE EVALUATION CRITERIA A: SCORE FOR COMPARATIVE EVALUATION CRITERIA B: SCORE FOR COMPARATIVE EVALUATION CRITERIA C: SCORE FOR COMPARATIVE EVALUATION CRITERIA D: SCORE FOR COMPARATIVE EVALUATION CRITERIA E: TOTAL SCORE: NAME OF EVALUATOR: Lk,2� e° 0 4 �-- ; f� DATE: J, �, ew/ L - Eva luation of'OPM Services — School Depadment Administration Building' Submissions Page 5 of 5 COMPANY: t SUMMARY ALL MINIMUM CRITERIA/QUALIFICATIONS MET: YES NO SCORE FOR COMPARATIVE EVALUATION CRITERIA A: SCORE FOR COMPARATIVE EVALUATION CRITERIA B: SCORE FOR COMPARATIVE EVALUATION CRITERIA C: SCORE FOR COMPARATIVE EVALUATION CRITERIA D: SCORE FOR COMPARATIVE EVALUATION CRITERIA E: TOTAL SCORE: NAME OF EVALUATOR: DATE: Evaluation of `OPM Services — School Department Administration Building' Submissions Page 5 of 5 COMPANY: SUMMARY ALL MINIMUM CRITERIA/QUALIFICATIONS MET: YES NO SCORE FOR COMPARATIVE EVALUATION CRITERIA A: SCORE FOR COMPARATIVE EVALUATION CRITERIA B: SCORE FOR COMPARATIVE EVALUATION CRITERIA C: 3 SCORE FOR COMPARATIVE EVALUATION CRITERIA D: SCORE FOR COMPARATIVE EVALUATION CRITERIA E: 3 TOTAL SCORE: 17 NAME OF EVALUATOR; DATE: 9, 5' , ZO/z Evaluation of `OPM Services — School Department Administration Building' Submissions Page 5 of 5 Je" N"^ COMPANY: AWe_� 2 C�4 �- 4--z , c SUMMARY ALL MINIMUM CRITERIA/QUALIFICATIONS MET: YES NO SCORE FOR COMPARATIVE EVALUATION CRITERIA A: SCORE FOR COMPARATIVE EVALUATION CRITERIA B: SCORE FOR COMPARATIVE EVALUATION CRITERIA C: _S SCORE FOR COMPARATIVE EVALUATION CRITERIA D: SCORE FOR COMPARATIVE EVALUATION CRITERIA E: TOTAL SCORE: NAME OF EVALUATOR:M DATE: Z Evaluation of `OPM Services — School Department Administration Building' Submissions Page 5 of 5 Ii COMPANY: &jc SUMMARY ALL MINIMUM CRITERIA/QUALIFICATIONS MET: YES Y NO SCORE FOR COMPARATIVE EVALUATION CRITERIA A: S SCORE FOR COMPARATIVE EVALUATION CRITERIA B: SCORE FOR COMPARATIVE EVALUATION CRITERIA C: SCORE FOR COMPARATIVE EVALUATION CRITERIA D: S SCORE FOR COMPARATIVE EVALUATION CRITERIA E: 5 - TOTAL SCORE: Z _S— NAME NAME OF EVALUATOR: c.J Y►� Q DATE:�'l Evaluation of `OPM Services — School Department Administration Building' Submissions Page 5 of 5 COMPANY: L t LG 5 7L/,D I'b S SUMMARY ALL MINIMUM CRITERIA/QUALIFICATIONS MET: YES SCORE FOR COMPARATIVE EVALUATION CRITERIA A: SCORE FOR COMPARATIVE EVALUATION CRITERIA B: �J SCORE FOR COMPARATIVE EVALUATION CRITERIA C: SCORE FOR COMPARATIVE EVALUATION CRITERIA D: SCORE FOR COMPARATIVE EVALUATION CRITERIA E: TOTAL SCORE: NAME OF EVALUATOR: DATE: 7113 1 NO Evaluation of `OPM Services — School Department Administration Building' Submissions Page 5 of 5 COMPANY: A4 VN 45, J . l SUMMARY ALL MINIMUM CRITERIA/QUALIFICATIONS MET: YES /NO SCORE FOR COMPARATIVE EVALUATION CRITERIA A: SCORE FOR COMPARATIVE EVALUATION CRITERIA B: SCORE FOR COMPARATIVE EVALUATION CRITERIA C: SCORE FOR COMPARATIVE EVALUATION CRITERIA D: S SCORE FOR COMPARATIVE EVALUATION CRITERIA E: S TOTAL SCORE: Z -5 - NAME OF EVALUATOR: DATE: Evaluation of `OPM Services — School Department Administration Building' Submissions Page 5 of 5 COMPANY: l SUMMARY ALL MINIMUM CRITERIA/QUALIFICATIONS MET: YES ✓ NO SCORE FOR COMPARATIVE EVALUATION CRITERIA A: S - SCORE FOR COMPARATIVE EVALUATION CRITERIA B: SCORE FOR COMPARATIVE EVALUATION CRITERIA C: SCORE FOR COMPARATIVE EVALUATION CRITERIA D: S SCORE FOR COMPARATIVE EVALUATION CRITERIA E: i TOTAL SCORE: Z S NAME OF EVALUATOR: DATE: Y/ 3 lu� Evaluation of `OPM Services — School Department Administration Building' Submissions Page 5 of 5 COMPANY: / 1 �.5�- r7�-✓VJ 2elS SUMMARY ALL MINIMUM CRITERIA/QUALIFICATIONS MET: YES '/ NO LLI-- �;p SCORE FOR COMPARATIVE EVALUATION CRITERIA A: SCORE FOR COMPARATIVE EVALUATION CRITERIA B: S SCORE FOR COMPARATIVE EVALUATION CRITERIA C: SCORE FOR COMPARATIVE EVALUATION CRITERIA D: 5 SCORE FOR COMPARATIVE EVALUATION CRITERIA E: TOTAL SCORE: NAME OF EVALUATOR: yv� ew DATE:112— Evaluation 1/L Evaluation of `OPM Services — School Department Administration Building' Submissions Page 5 of 5 COMPANY: P3 �Y6 ` �►�� SUMMARY ALL MINIMUM CRITERIA/QUALIFICATIONS MET: YES %, NO SCORE FOR COMPARATIVE EVALUATION CRITERIA A: S SCORE FOR COMPARATIVE EVALUATION CRITERIA B:_ SCORE FOR COMPARATIVE EVALUATION CRITERIA C: SCORE FOR COMPARATIVE EVALUATION CRITERIA D: SCORE FOR COMPARATIVE EVALUATION CRITERIA E: J TOTAL SCORE: 2 S NAME OF EVALUATOR: DATE: f 12 - Evaluation of `OPM Services — School Department Administration Building' Submissions Page 5 of 5 COMPANY: SUMMARY ALL MINIMUM CRITERIA/QUALIFICATIONS MET: YES NO V SCORE FOR COMPARATIVE EVALUATION CRITERIA A: SCORE FOR COMPARATIVE EVALUATION CRITERIA B: SCORE FOR COMPARATIVE EVALUATION CRITERIA C: SCORE FOR COMPARATIVE EVALUATION CRITERIA D: SCORE FOR COMPARATIVE EVALUATION CRITERIA E: TOTAL SCORE: NAME OF EVALUATOR: DATE: ' Evaluation of `OPM Services — School Department Administration Building' Submissions Page 5 of 5 COMPANY: 'V e yk y �,•,,1�� �,�1/! L� S t . SUMMARY ALL MINIMUM CRITERIA/QUALIFICATIONS MET: YES NO SCORE FOR COMPARATIVE EVALUATION CRITERIA A: SCORE FOR COMPARATIVE EVALUATION CRITERIA B: SCORE FOR COMPARATIVE EVALUATION CRITERIA C: SCORE FOR COMPARATIVE EVALUATION CRITERIA D: S SCORE FOR COMPARATIVE EVALUATION CRITERIA E: 3 TOTAL SCORE: 2-3 NAME OF EVALUATOR: DATE: 4l Z Evaluation of `OPM Services — School Department Administration Building' Submissions Page 5 of 5 t COMPANY: / SUMMARY ALL MINIMUM CRITERIA/QUALIFICATIONS MET: YES NO SCORE FOR COMPARATIVE EVALUATION CRITERIA A: SCORE FOR COMPARATIVE EVALUATION CRITERIA B: 3 SCORE FOR COMPARATIVE EVALUATION CRITERIA C: 5 SCORE FOR COMPARATIVE EVALUATION CRITERIA D: SCORE FOR COMPARATIVE EVALUATION CRITERIA E: TOTAL SCORE: /V NAME OF EVALUATOR: t Liod DATE: v� Evaluation of `OPM Services — School Department Administration Building' Submissions Page 5 of 5 COMPANY: !/ 5 / /CCS flii SUMMARY ALL MINIMUM CRITERIA/QUALIFICATIONS MET: YES x NO r SCORE FOR COMPARATIVE EVALUATION CRITERIA A: SCORE FOR COMPARATIVE EVALUATION CRITERIA B: SCORE FOR COMPARATIVE EVALUATION U ON CRITERIA C: SCORE FOR COMPARATIVE EVALUATION CRITERIA D: SCORE FOR COMPARATIVE EVALUATION CRITERIA E: TOTAL SCORE: ) � NAME OF EVALUATOR: DATE: 91111 Evaluation of `OPM Services — School Department Administration Building' Submissions Page 5 of 5 e COMPANY:, 54 u ( /�� SUMMARY ALL MINIMUM CRITERIA/QUALIFICATIONS MET: YES NO SCORE FOR COMPARATIVE EVALUATION CRITERIA A: 0 SCORE FOR COMPARATIVE EVALUATION CRITERIA B: SCORE FOR COMPARATIVE EVALUATION CRITERIA C: 0 SCORE FOR COMPARATIVE EVALUATION CRITERIA D: a SCORE FOR COMPARATIVE EVALUATION CRITERIA E: 0 TOTAL SCORE: NAME OF EVALUATOR: -- DATE: ,2 Evaluation of `OPM Services — School Department Administration Building' Submissions Page 5 of 5 COMPANY: S SUMMARY ALL MINIMUM CRITERIA/QUALIFICATIONS MET: YES NO SCORE FOR COMPARATIVE EVALUATION CRITERIA A: SCORE FOR COMPARATIVE EVALUATION CRITERIA B: SCORE FOR COMPARATIVE EVALUATION CRITERIA C: f SCORE FOR COMPARATIVE EVALUATION CRITERIA D: SCORE FOR COMPARATIVE EVALUATION CRITERIA E: TOTAL SCORE: J NAME OF EVALUATOR: t DATE: Evaluation of `OPM Services — School Department Administration Building' Submissions Page 5 of 5 COMPANY: SUMMARY ALL MINIMUM CRITERIA/QUALIFICATIONS MET: YES X NO SCORE FOR COMPARATIVE EVALUATION CRITERIA A: S SCORE FOR COMPARATIVE EVALUATION CRITERIA B: J SCORE FOR COMPARATIVE EVALUATION CRITERIA C: .� SCORE FOR COMPARATIVE EVALUATION CRITERIA D: i SCORE FOR COMPARATIVE EVALUATION CRITERIA E: 6 TOTAL SCORE: NAME OF EVALUATOR: DATE: Evaluation of `OPM Services — School Department Administration Building' Submissions Page 5 of 5 COMPANY: SUMMARY ALL MINIMUM CRITERIA/QUALIFICATIONS MET: YES _ NO SCORE FOR COMPARATIVE EVALUATION CRITERIA A:_ SCORE FOR COMPARATIVE EVALUATION CRITERIA B: SCORE FOR COMPARATIVE EVALUATION CRITERIA C: SCORE FOR COMPARATIVE EVALUATION CRITERIA D: SCORE FOR COMPARATIVE EVALUATION CRITERIA E: TOTAL SCORE: NAME OF EVALUATOR: DATE: Evaluation of `OPM Services — School Department Administration Building' Submissions Page 5 of 5 COMPANY: SUMMARY ALL MINIMUM CRITERIA/QUALIFICATIONS MET: YES SCORE FOR COMPARATIVE EVALUATION CRITERIA A: SCORE FOR COMPARATIVE EVALUATION CRITERIA B: SCORE FOR COMPARATIVE EVALUATION CRITERIA C: SCORE FOR COMPARATIVE EVALUATION CRITERIA D: D SCORE FOR COMPARATIVE EVALUATION CRITERIA E: / TOTAL SCORE: NAME OF EVALUATOR: DATE: 1 NO Evaluation of `OPM Services — School Department Administration Building' Submissions Page 5 of 5 COMPANY: �� jlr SUMMARY ALL MINIMUM CRITERIA/QUALIFICATIONS MET: YES NO _ SCORE FOR COMPARATIVE EVALUATION CRITERIA A: i SCORE FOR COMPARATIVE EVALUATION CRITERIA B: SCORE FOR COMPARATIVE EVALUATION CRITERIA C: SCORE FOR COMPARATIVE EVALUATION CRITERIA D: SCORE FOR COMPARATIVE EVALUATION CRITERIA E: Z2 TOTAL SCORE: NAME OF EVALUATOR: DATE: Evaluation of `OPM Services — School Department Administration Building' Submissions Page 5 of 5 COMPANY: V-inc4cx SUMMARY ALL MINIMUM CRITERIA/QUALIFICATIONS MET: YES_ NO SCORE FOR COMPARATIVE EVALUATION CRITERIA A: 1j SCORE FOR COMPARATIVE EVALUATION CRITERIA B: SCORE FOR COMPARATIVE EVALUATION CRITERIA C: l SCORE FOR COMPARATIVE EVALUATION CRITERIA D: SCORE FOR COMPARATIVE EVALUATION CRITERIA E: TOTAL SCORE: NAME OF EVALUATOR: DATE: Evaluation of `OPM Services — School Department Administration Building' Submissions Page 5 of 5 Request for Qualifications Owner's Project Manager Services — School Department Administration Building Proposals Received Atlantic Construction & Management, Inc. Diversified Project Management LIEBSTUDIOS: architecture Municipal Building Consultants, Inc. NETCO Construction Project Managers, Inc. PMA Construction Services P3 Project Planning Professionals Riverside Engineering, Inc. Vertex Construction Services, Inc. Santilli, Ray From: Santilli, Ray Sent: Monday, August 27, 2012 11:44 AM To: Mealey, James; Thibodeau, Bruce; Foster, Stephen E. Subject: Evaluation of Proposals Received You have been designated by Town Manager Maylor and School Superintendent Hutchinson to review the proposals received in response to the Request for Qualifications for OPM Services — School Department Administration Building'. A total of nine (9) submissions were received. Please stop by my office at your earliest convenience to pick up your package. If you have any questions, please call me. Ray Santilli Assistant Town Manager Town of North Andover 120 Main Street North Andover, MA 01845 Phone 978.688.9516 Fax 978.688.9556 Email rsantilli@townofnorthandover.com Web www.townofnorthandover.com a � , INTEROFFICE MEMORANDUM TO: James Mealey, School Department DATE: August 27, 2012 Bruce Thibodeau, Public Works Stephen Foster, Facilities Management FROM: Ray Santilli Assistant Town Manager SUBJ: Evaluations of `OPM Services — School Department Administration Building' Proposals You have been designated by Town Manager Maylor and School Superintendent Hutchinson to review the proposals received in response to the Request for Qualifications for OPM Services — School Department Administration Building'. A total of nine (9) submissions were received. The following documents are included in this package: The complete Request for Proposals document; Nine (9) copies of the "Evaluation of OPM Services — School Administration Building Submissions" form; Copies of each of the nine (9) proposals to review and evaluate. You will first need to read the Request for Proposals document to acquaint yourself with the specific requirements. I have included in the evaluation form the specific requirements for the comparative evaluation criteria. For each of the comparative evaluation criteria, you must score the proposal as either "highly advantageous" for 5 points, "advantageous" for 3 points, "least advantageous" for 1 point, or "does not meet" for 0 points. The last page of the evaluation form is a summary of the allotted scores for each proposal. Please return the evaluation forms directly to me. You are advised to not consult and/or compare with each other. If you have any questions, concerns and/or issues, please call me at 978-688-9516. COMPANY: Evaluation of `OPM Services — School Department Administration Building' Submissions Minimum Criteria/Oualifications Each applicant must demonstrate that it meets the following minimum qualifications: a) The individual or principal doing the work of the OPM shall be a person who is registered by the Commonwealth of Massachusetts as an architect or professional engineer, and who has at least five (5) years experience in the construction and supervision of construction of buildings or a person, if not registered as an architect or professional engineer who has at least seven (7) years experience in the construction and supervision of construction of buildings. In documenting this qualification, the applicant 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 play in the project. b) Knowledge of, and experience in, legal and administrative requirements, procedures, and practices related to the design, funding and construction of Massachusetts public building projects including the State Building Code, regulations of the Architectural Barriers Board and Massachusetts public building and procurement law. c) Possess all necessary current licenses and registrations, either within the firm or through independent consultants, to qualify under Massachusetts' law to perform the function of the Owner's Project Manager. d) Provide evidence of insurance for general liability, automobile, worker's compensation (statutory) and professional services liability, as required. e) Provide detailed description of at least one recent similar project on which the OPM has performed similar services, identifying references with the owners of those projects as well as the personnel who worked on them and stating whether those individuals will be assigned to the Project. f) Not be debarred under MGL c149, §44C or disqualified under MGL c7, §38D. g) Submission of required statements and forms. ALL MINIMUM CRITERIA/QUALITIFCATIONS MET: YES NO Evaluation of `OPM Services — School Department Administration Building' Submissions Page 1 of 5 P 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 Response excels on the specific criterion Advantageous 3 points Response meets evaluation standard for the criterion Least Advantageous 1 point Response does not fully meet the criterion or leaves a question or issue not fully addressed Does Not Meet 0 points * Does not address the criterion * Proposal is automatically eliminated from further consideration if "0 points" is received in any category. a) Project Management Experience: Successful experience of firm or individual in the role of Owner Project Manager in the Commonwealth of Massachusetts over the last five (5) years: ♦ Experience in completing four (4) or more OPM contracts will be considered Highly Advantageous (5 points) ♦ Experience in completing two (2) or three (3) OPM contracts will be considered Advantageous (3 points) ♦ Experience in completing one (1) OPM contract will be considered Least Advantageous (1 point) ♦ No experience in OPM contracts will be considered as Does Not Meet (0 points and elimination from further consideration) SCORE FOR COMPARATIVE EVALUATION CRITERIA A: b) Project Design and Construction Oversight: Ability of firm or individual to begin work immediately and maintain an intensive schedule to meet the Town's timetable, and oversee the architect's work as it relates to quality of design, efficiency of design, cost effectiveness, bidding, and construction oversight: ♦ Developing presentation materials for this project and able to devote sufficient resources to complete the project according to the Town's timetable, and available by the beginning of September 2012 to begin contract work will be considered Highly Advantageous (5 points) ♦ Some experience in these areas but information provided leaves unsure of ability to devote sufficient resources and to meet the project's timetables, and available by the beginning of October 2012 to begin contract work will be considered Advantageous (3 points) Evaluation of `OPM Services — School Department Administration Building' Submissions Page 2 of 5 ♦ Demonstrate limited construction management or limited design oversight ability, but may be able to devote sufficient resources to complete the project in accordance with Town's timetable, and available by November 2012 to begin contract work will be considered Least Advantageous (1 point) ♦ Have not overseen a designer's work as it relates to quality of design, efficiency of design and cost effectiveness or unable to devote sufficient resources to meet the project's timetable will be considered as Does Not Meet (0 points and elimination from further consideration) SCORE FOR COMPARATIVE EVALUATION CRITERIA B: c) Team and Key Staff: Qualifications and involvement of key personnel to be assigned to this project and the experience of such personnel in relation to successfully completing the role of OPM for projects similar in size and/or nature: Key staff that have at least seven (7) years of relevant experience in construction and supervision of buildings or an individual within the firm having nine (9) years relevant experience in construction and supervision of construction of buildings in the public sector in the Commonwealth of Massachusetts will be considered Highly Advantageous (5 points) ♦ Key staff that have at least five (5) years of relevant experience in construction and supervision of buildings or an individual within the firm having seven (7) years relevant experience in construction and supervision of construction of buildings in the public sector in the Commonwealth of Massachusetts will be considered Advantageous (3 points) ♦ Key staff that have less than five (5) years of relevant experience in construction and supervision of buildings or an individual within the firm having less than five (5) years relevant experience in construction and supervision of construction of buildings in the public sector in the Commonwealth of Massachusetts will be considered Does Not Meet (0 points and elimination from further consideration) SCORE FOR COMPARATIVE EVALUATION CRITERIA C: d) Quality of References: References will be evaluated to identify the ability and quality of previous work as an OPM on municipal building projects in the Commonwealth of Massachusetts over the last five (5) years: ♦ Achieving successful OPM experience from four (4) or more previous contracts will be considered Highly Advantageous (5 points) Evaluation of `OPM Services — School Department Administration Building' Submissions Page 3 of 5 J ♦ Achieving successful OPM experience from two (2) or three (3) previous contracts will be considered Advantageous (3 points) ♦ Achieving successful OPM experience from one (1) previous contract will be considered Least Advantageous (1 point) ♦ No successful experience in any previous OPM contract will be considered as Does Not Meet (0 points and elimination from further consideration) SCORE FOR COMPARATIVE EVALUATION CRITERIA D: e) Quality of Written Materials: Responses will be reviewed in conjunction with any materials provided to determine relative quality, readability, responsiveness to RFQ, and understanding of the projects and the role of the OPM: ♦ Proposals that organize their response according to the minimum and comparative criteria in the RFP, make it easy to evaluate the response, communicate a work plan that demonstrates the manner in which the OPM oversees the designer's work as it related to the quality, efficiency, and cost effectiveness of design, and demonstrate an understanding of the project will be considered Highly Advantageous (5 points) ♦ Proposals that demonstrate an understanding of the role of the OPM in similar projects, and that demonstrate an understanding of this project but to not organize their response according to the minimum and comparative criteria will be considered Advantageous (3 points) ♦ Proposals that demonstrate an understanding of the role of the OPM in similar projects, but do not demonstrate an understanding of this project, and have multiple spelling and/or grammatical errors will be considered Least Advantageous (1 point) ♦ Proposals that simply reiterate the preliminary scope of services or do not demonstrate an understanding of the role of the OPM for this project, and have multiple spelling and/or grammatical errors will be considered as Does Not Meet (0 points and elimination from further consideration) SCORE FOR COMPARATIVE EVALUATION CRITERIA E: Evaluation of `OPM Services — School Department Administration Building' Submissions Page 4 of 5 COMPANY: SUMMARY ALL MINIMUM CRITERIA/QUALIFICATIONS MET: YES NO SCORE FOR COMPARATIVE EVALUATION CRITERIA A: SCORE FOR COMPARATIVE EVALUATION CRITERIA B: SCORE FOR COMPARATIVE EVALUATION CRITERIA C: SCORE FOR COMPARATIVE EVALUATION CRITERIA D: SCORE FOR COMPARATIVE EVALUATION CRITERIA E: TOTAL SCORE: NAME OF EVALUATOR: DATE: Evaluation of `OPM Services — School Department Administration Building' Submissions Page 5 of 5 ADDENDA #1— August 14, 2012 REQUEST FOR QUALIFICATIONS OWNER'S PROJECT MANAGER SERVICES SCHOOL DEPARTMENT ADMINISTRATION BUILDING TOWN OF NORTH ANDOVER, MASSACHUSETTS The `Owner's Project Manager (OPM) Agreement' included in the Request for Qualifications dated August 1, 2012 is hereby deleted and replaced by the attached `Contract for Project Management Services'. This Contract is made this day of in the year between (day) (month) (year) the Town of North Andover, 120 Main Street, North Andover, Massachusetts, 01845 hereinafter called "the Town" and (Owner's Project Manager) hereinafter called the "Owner's Project Manager" or "OPM" to provide the Project Management services required to complete the Basic and Extra Services described herein for the construction of a new school administration building ("the Project"). The Owner's Project Manager is authorized to perform the services required by this Contract through the Feasibility Study Phase and, pending receipt of a written Approval to proceed from the Town, through the Schematic Design Phase. At the town's option, the Owner's Project manager may be authorized to perform services for subsequent design phases and/or the Construction Phases and Completion Phase, at which time a mutually agreed upon amendment to this Contract will be executed between the Owner and the Owner's Project Manager. For the performance of the services required under this Contract for the Feasibility Study Phase and the Schematic Design Phase, the Owner's Project Manager shall be compensated by the Town for Basic Services in accordance with the Payment Schedule included as Attachment A. IN WITNESS WHEREOF, the Town and the Owner's Project Manager have caused this Contract to be executed by their respective authorized officers. TOWN OWNER'S PROJECT MANAGER (print name) (print title) By (signature and sea]) Date Approved as to form: Town Counsel (print name) (print title) By (signature Date (Attach Certificate of Vote of Authorization) CERTIFICATION OF AVAILABLE FUNDS Town Accountant TABLE OF CONTENTS Page Project description, fee and signatures.............................................................................. l ARTICLE1 DEFINITIONS...................................................................................................................3 ARTICLE 2 RELATIONSHIP OF THE PARTIES..............................................................................5 ARTICLE 3 RESPONSIBILITIES OF THE TOWN...........................................................................6 ARTICLE 4 RESPONSIBILITIES OF THE OWNER'S PROJECT MANAGER .............................7 ARTICLE 5 SUBCONSULTANTS.......................................................................................................8 ARTICLE 6 TERM AND TIMELY PERFORMANCE.......................................................................9 ARTICLE7 COMPENSATION............................................................................................................9 ARTICLE 8 BASIC SERVICES..........................................................................................................10 ARTICLE 9 EXTRA SERVICES........................................................................................................15 ARTICLE 10 REIMBURSABLE EXPENSES.....................................................................................16 ARTICLE 11 RELEASE AND DISCHARGE......................................................................................17 ARTICLE 12 ASSIGNMENT, SUSPENSION, TERMINATION......................................................17 ARTICLE13 NOTICES.........................................................................................................................18 ARTICLE 14 INDEMNIFICATION OF TOWN.........................................................................18 ARTICLE15 INSURANCE...................................................................................................................19 ARTICLE 16 OWNERSHIP OF DOCUMENTS..................................................................................21 ARTICLE 17 REGULATORY AND STATUTORY REQUIREMENTS..........................................22 ATTACHMENT A: PAYMENT SCHEDULE ATTACHMENT B: KEY PERSONNEL ARTI 1: DEFINITIONS APPROVAL — a written communication from the Town approving either the work of the current Phase, as identified on Attachment A, or authorizing the Owner's Project Manager to proceed to the next Phase or approving the scope and compensation for either Extra Services or Reimbursable Expenses. ARCHITECT/ENGINEER — herein also referred to as the DESIGNER -- the person or firm with whom the Town has contracted to perform the professional designer services for this Project. BASIC SERVICES — the minimum scope of services to be provided by the Owner's Project Manager under this Contract, unless the Contract is otherwise terminated pursuant to Article 12. CERTIFICATE OF FINAL COMPLETION — The form which contains the certification of the Designer, OPM and the Town that the Project has reached Final Completion. COMMISSIONING CONSULTANT — a person or firm which may be engaged by the Town to provide building commissioning services, including advisory services during design and construction. CONTRACT — this Contract, inclusive of all Attachments, between the Town and the Owner's Project Manager; all written amendments to this Contract; and all Approvals issued pursuant to this Contract. CONTRACTOR or GENERAL CONTRACTOR — the person or firm with whom the Town has contracted to perform the construction for this Project pursuant to the provisions of G.L. c. 149, §§ 44A -44J. EXTRA SERVICES — services requested by the Town to be performed by the Owner's Project Manager but which are additional (or "extra") to the services performed as Basic Services. FEE FOR BASIC SERVICES — the fee to be paid to the Owner's Project Manager for satisfactorily performing, in the Town's sole discretion, the Basic Services required under this Contract, exclusive of the compensation to which the Owner's Project Manager is entitled pursuant to Articles 9 and 10. FINAL COMPLETION — The work has been completed in accordance with the Construction Contract Documents. GENERAL LAWS — the Massachusetts General Laws as amended, including any rules, regulations and administrative procedures implementing said laws. NOTICE to PROCEED — the written communication issued by the Town to the Contractor authorizing the Contractor to proceed with the services specified in the construction contract and establishing the date for commencement of the contract time. OWNER'S PROJECT MANAGER — the individual, corporation, partnership, sole proprietorship, joint stock company, joint venture or other legal entity identified as such on page one of this Contract performing the professional Project Management Services under this Contract. PHASE — a distinct portion of the work of this Contract and its associated duration, as identified on Attachment A. Prior Approval to proceed for each Phase is required from the Owner. PRINCIPALS — the owners and/or officers of the Owner's Project Manager who are actively involved in the management of the Project. PROJECT — all work that pertains to the study, planning, design, construction, reconstruction, installation, demolition, maintenance or repair, if any, as defined in the Project Scope and Budget Agreement or Project Funding Agreement. PROJECT BUDGET — a complete and full enumeration of all costs of the Project. PROJECT DIRECTOR — the employee of the Owner's Project Manager who has been designated in writing by the Owner's Project Manager as its authorized representative, as approved by the Owner, pursuant to the requirements of M.G.L. c.149 §44A'h or G.L. c. 149A, § 2, as the case may be, for an "owner's project manager" and 963 CMR 2.00 et seq., and shall be the person who shall oversee and be responsible for all Project Management Services provided under this Contract. The Project Director shall be certified in the Massachusetts Certified Public Purchasing Official Program as administered by the Inspector General of the Commonwealth of Massachusetts. PROJECT REPRESENTATIVE — the employee or a Subconsultant of the Owner's Project Manager, who shall be dedicated exclusively to the Project, on-site full-time during the Construction Phase in accordance with the requirements of Article 8.6.2. PROJECT SCHEDULE — a complete list of all activities, time and sequence required to complete the Project. REIMBURSABLE SERVICES OR REIMBURSABLE EXPENSES — the cost of services requested by the Owner to be performed by the Owner's Project Manager or the cost of expenses paid by the Owner's Project Manager that are reimbursable pursuant to the provisions of Article 10. SUBCONTRACTOR — for purposes of a project utilizing the design -bid -build construction delivery method pursuant to G.L. c. 149, a person or entity having a direct contractual relationship with the Contractor, who has the contract to perform the construction of the Project, except as otherwise specifically provided herein or as required by Law. SUBCONSULTANT — any individual, company, firm, or business having a direct contractual relationship with the Owner's Project Manager, who provides services on the Project. ARTICLE 2: RELATIONSHIP OF THE PARTIES 2.1 The Owner's Project Manager shall act as an independent contractor of the Town in providing the services required under this Contract. 2.2 The Owner's Project Manager warrants and represents to the T o w n that it has fully, completely and truthfully represented the qualifications and skills of the Owner's Project Manager, its Subconsultants, agents, servants and employees in the proposal submitted by the Owner's Project Manager, the Contract documents and in all communications with the Owner relative to this Contract and the services to be performed hereunder by the Owner's Project Manager, its Subconsultants, agents, servants and employees. 2.3 The Owner's Project Manager shall perform its services under this Contract with no less than that degree of skill and care ordinarily exercised by similarly situated members of the Owner's Project Manager's profession on projects of similar size, scope and complexity as is involved on the Project. The Owner's Project Manager's services shall be rendered in accordance with this Contract. 2.4 The Parties hereto agree that the Designer is solely responsible for the design requirements and design criteria for the Project (except to the extent specifically delegated to others) and for performing in accordance with the contract between the Owner and Designer. 2.5 The Parties hereto agree that the Contractor shall be solely responsible for construction means, methods, techniques, sequences and procedures, the Contractor's schedules, and for safety precautions and programs in connection with the Project and for performing in accordance with the Owner -Contractor Agreement. The Owner's Project Manager shall be responsible for the Owner's Project Manager's acts or omissions but shall not have control over or charge over acts or omissions of the Contractors, Subcontractors, or the agents or employees of the Contractor, CM at Risk, Subcontractors, the Designer, the Town or the Commissioning Consultant. 2.6 Nothing in this Contract shall be construed as an assumption by the Owner's Project Manager of the responsibilities or duties of the Contractor or the Designer. The Owner's Project Manager's services shall be rendered compatibly and in coordination with the services provided by the Designer. It is not intended that the services of the Owner's Project Manager and Designer be competitive or duplicative, but rather complementary. The Owner's Project Manager shall be entitled to rely upon the Designer and Contractor for the proper performance of their obligations pursuant to their respective contracts with the Town. 3.1 The Town shall designate an individual or individuals who shall have the authority to act on behalf of the Town under this Contract and who shall be responsible for day -today communication between the Town and the Owner's Project Manager. 3.2 To the extent such data is available, the Town shall furnish to the Owner's Project Manager existing surveys of the Project site, building plans, borings, test pits, structural, mechanical, chemical or other test data, tests for air and water pollution and for hazardous materials, photographs and utility information. The Owner's Project Manager shall be entitled to reasonably rely upon the sufficiency and accuracy of the information furnished under this Article 3.6, provided that the Owner's Project Manager shall notify the Town in writing of any deficiencies in such data that the Owner's Project Manager becomes aware of. 4.1 The Owner's Project Manager shall provide project management services to monitor procurement procedures, design, construction and other related activities and to facilitate, coordinate and manage the Project with respect to timely performance in accordance with the Project Schedule and monitor the quality of services and workmanship and shall recommend courses of action to the Town when respective contractual requirements are not being fulfilled. If the Owner's Project Manager is authorized to proceed with services beyond the Schematic Design Phase services shall continue through substantial use and occupancy by the Town, and Project closeout. 4.2 The Owner's Project Manager shall perform the services required under this Agreement in conformance with applicable federal, state, and local laws, by-laws and regulations. 4.3 The Owner's Project Manager shall report to the Town any act or inaction in connection with the Project which the Owner's Project Manager believes creates a substantial health or safety risk. Notwithstanding the immediately preceding sentence, the Owner's Project Manager shall not assume responsibility for safety precautions and programs in connection with the Project, which shall remain the sole responsibility of the Contractor. 4.4 The Owner's Project Manager acknowledges the importance that the Owner attributes to the abilities and qualifications of the key members of the Owner's Project Manager's team, including Subconsultants, and the continuity of key members participation in the services to be provided under this Contract. This Contract has been entered into on the representation of the Owner's Project Manager that the individuals, consultants, assignments and responsibilities will be maintained throughout the duration of this engagement. No substitution or replacement of individuals or change in the Subconsultants, listed in Attachment B, shall take place without the prior written approval of the Town, except when necessitated by causes beyond the Owner's Project Manager's control. If the Owner's Project Manager proposes to replace one of the key members of the Owner's Project Manager's team, the Owner's Project Manager shall propose a person or consultant with qualifications at least equal to the person or firm the Owner's Project Manager proposes to replace. The Town shall have the right to approve any substitution or replacement or change in status for the persons or Subconsultants listed in Attachment B and such approval shall not be unreasonably withheld. At the request of the Town, the Owner's Project Manager shall consult with the Town to resolve any situation in which the Town determines that a member of the Owner's Project Manager's team is failing to perform services in an acceptable manner to the Owner. The Town shall have the right to direct the removal of any such person or consultant. No act or omission of the Town made or permitted under this Section shall relieve the Owner's Project Manager of its responsibility for the performance of the services specified in this Contract. 4.5 The Owner's Project Manager shall employ at all times professional and support personnel with requisite expertise and adequate numbers to assure the complete, timely and high quality performance of the obligations of the Owner's Project Manager. 4.6 The Owner's Project Manager shall be and shall remain liable to the Town for all damages incurred by the Town as a result of the failure of the Owner's Project Manager to perform in conformance with the terms and conditions of this Contract. 5.1 The Owner's Project Manager shall not employ consultants, subconsultants, sublet, assign or transfer any part of its services or obligations under this Agreement without the prior approval of and written consent of the Town. The employment of Subconsultants shall not in any way relieve the Owner's Project Manager from its responsibilities under this Contract. Nor shall the Town's approval of a Subconsultant in any way relieve the Owner's Project Manager from its responsibilities under this Contract. 5.2 Upon request, the Owner's Project Manager shall provide the Town copies of its agreements with Subconsultants, including amendments thereto, and shall consult with the Town with respect to the inclusion therein of appropriate terms and conditions to assure timely, efficient and competent performance of the Subconsultants. 5.3 The OPM shall be responsible for all compensation to be paid to a subconsultant. No Subconsultant shall have recourse against the Town for payment of monies alleged to be owed to the Subconsultant by the Owner's Project Manager, and the Owner's Project Manager shall include in all contracts with its Subconsultants language so providing. 5.4 All contracts between the Owner's Project Manager and its Subconsultants shall include a provision in which the Town's rights to initiate corrective action shall be stipulated 6.1 The Owner's Project Manager acknowledges that expeditious completion of the Owner's Project Manager's services and the Project is of the utmost importance to the Town. The term of this Agreement shall commence on the date stipulated in an Approval to proceed from the Town. The Owner's Project Manager shall complete the services required under this Contract in a prompt and continuous manner. The Owner's Project Manager shall perform its services in a timely manner and shall not delay the work of the Designer or Contractor. The Owner's Project Manager shall monitor the performance of the Designer and the Contractor in accordance with schedules of performance that are established under their contracts with the Town. The Owner's Project Manager shall immediately advise the Town, as well as the Designer or the Contractor, in writing, any time the Owner's Project Manager determines that either the Designer or the Contractor's performance is jeopardizing the Project Schedule or the Project Budget. 6.2 Time is of the essence in the performance of the Owner's Project Manager's obligations under this Agreement and under any amendment. The Owner's Project Manager agrees that no other work in its organization will be permitted to interfere with its timely performance of the work required under this Agreement or any amendment. 6.3 The Owner's Project Manager's services are to be provided in accordance with the time schedule set forth in this Agreement. If the schedule changes causing the need for revisions to the Owner's Project Manager's services, the Owner's Project Manager shall notify the Town of the revisions to its services. The Town shall have the right to extend the term of this Contract by amendment. All the rights and obligations of the parties for such extended periods shall be as set forth in this Contract or in the amendment. 7.1 For the satisfactory performance of all services required pursuant to this Contract, excluding those services specified under Articles 9 and 10, the Owner's Project Manager shall be compensated by the Town in an amount up to the Not -to -Exceed Fee for Basic Services, identified on Attachment A. The Owner's Project Manager shall submit invoices on a monthly basis in accordance with the Payment Schedule included as Attachment A. The Town shall make payments to the Owner's Project Manager within 30 days of the Town's approval of the invoice, which approval shall not be unreasonably withheld or delayed. 7.2 The Fee for Basic Services shall include, but not necessarily be limited to, all labor, overhead, profit, insurance, legal services, transportation, communication expenses, reasonable printing and copying necessary for completion of the Project. The fee for Basic Services also shall include (a) the costs of rebidding and resolicitation of proposals, bids, or qualifications if due to the fault of the Owner's Project Manager, and (b) assisting the Town as provided by section 8.1.4.2 in litigation or resolution of claims or other administrative proceedings associated with a bid protest arising out of the Designer contract or the construction contract and for assistance beyond the requirements of 8.1.4.2 if such litigation or claims are due to the fault of the Owner's Project Manager. The OPM shall not be compensated for any services involved in preparing changes that are required for additional work that should have been anticipated by the OPM in the preparation of the bid documents as reasonably determined by the Town. 7.3 When the Owner's Project Manager receives payment from the Town, the Owner's Project Manager shall promptly make payment to each Subconsultant whose work was included in the work for which such payment was received. The Town shall have the contractual right to investigate any breach of performance of a Subconsultant and to initiate corrective measures it determines are necessary and in the best interest of the Town. All contracts between the Owner's Project Manager and its Subconsultants shall include a provision in which the Town's rights to initiate corrective action shall be stipulated. 7.4 The Owner's Project Manager shall be paid the remainder of the Fee for Basic Services, less previous payments, upon acceptance by the Town of the Certificate of Final Completion and submission of evaluations. The Owner's Project Manager shall perform the following Basic Services: 8.1 Project Management (For All Phases) 8.1.1 The Owner's Project Manager shall prepare a communication and document control procedure during the Feasibility Study/Schematic Design Phase and continue to update it as specified for the duration of the Project. This procedure shall detail the responsibilities and lines of communication among all Project participants (Town, Owner's Project Manager, Designer, Contractor, Subcontractors, and other consultants, vendors or suppliers) and establish the procedure for correspondence, document control, designer and contractor submittal logs, change order reporting logs and other tracking logs, as needed. A draft of the communication plan shall be submitted to the Town for approval within 30 days of the Approval to proceed with the Contract and be further updated (a) as needed to include the award of Construction Contract(s) and no later than 30 days after approval to proceed to the Construction Phase of the Project. The Owner's Project Manager shall include the Designer in its distribution of the Project Budget, Schedule, Monthly Progress Report and other reports as appropriate and as outlined in the Communications Plan. 8.1.1.2 The Owner's Project Manager shall attend meetings with representatives of the Town, municipal administration and the school department, and attend neighborhood meetings relating to the Project, and participate as a member of the Owner's Prequalification Committee, The Owner's Project Manager shall take minutes of all of the above -referenced meetings and promptly distribute minutes of these meetings to the Town. 8.1.1.3 The Owner's Project Manager shall review all applications for payments, requisitions and invoices relating to the Project as submitted by the Designer, equipment vendors and all other contractors and supplier and make recommendations to the Town relative to amounts due. 8.1.2 Project Control During the Feasibility Study/Schematic Project Manager shall monitor and Feasibility Study Budget, Scope and Feasibility Study Agreement. 8.1.2.1 Project Budget Design Phase of this Contract, the Owner's report to the Town any changes to the Schedule established in the Owner -Authority The Owner's Project Manager shall prepare a detailed baseline Project Budget in a form acceptable to the Town, which will be submitted to the Town for approval. The Owner's Project Manager shall monitor and compare all Designer estimates, contractor bids, and other cost information to this Project Budget and identify and report all variances to the Town. The Owner's Project Manager shall maintain and update the baseline Project Budget throughout the term of this Contract. The Owner's Project Manager shall report any variances to the baseline Project Budget as part of the Monthly Progress Report. The Owner's Project Manager shall prepare revisions to the baseline Project Budget, as needed, and submit them to the Town for approval. 8.1.2.2 Cost Estimating The Owner's Project Manager shall prepare detailed independent cost estimates at each Design phase (feasibility/schematic), when required by the Town, or, at the request of the Town, shall review the Designer's cost estimates at each Design Phase (schematic and construction). If the Town requires the Owner's Project Manager to prepare an independent cost estimate, the Owner's Project Manager shall compare its cost estimate to that prepared by the Designer to identify and notify the Town of any variances. In the event that the cost as estimated by the Designer exceeds the construction cost in the Project Budget at any of the Design phases, the Owner's Project Manager shall consult with the Designer and recommend to the Town appropriate revisions to the scope of work. The Owner's Project Manager shall provide cost estimating services, as may be required, to develop cash flows, and provide updated cash flows with its Monthly Progress Report described in Article 8.1.3. During the schematic design Phase, the Owner's Project Manager shall prepare a construction cost estimate with aggregated unit rates and quantities supporting each item. 8.1.2.3 Project Schedule The Owner's Project Manager shall prepare a Project Schedule in a form acceptable to the Town, which shall be submitted to the Town for approval. The Owner's Project Manager shall prepare revisions to the Project Schedule, as needed, and submit them to the Town for approval. 8.1.2.4 Construction Schedule The Contractor shall be responsible for preparing and updating its construction schedule on a monthly basis. The Owner's Project Manager shall meet once each month with the Contractor and Designer to review and update its schedule, develop the monthly progress information to support the Contractor's payment estimate, and monitor the Contractor's performance for compliance with its contract. The Owner's Project Manager shall notify the Town of and include in its Monthly Progress Report any significant changes or delays to the construction schedule. The Owner's Project Manager shall make appropriate recommendations to the Town relative to the actions that should be taken by the Contractor and/or advise the Town when liquidated damages, if included in the construction contract, are anticipated to be incurred. 8.1.3 Monthly Progress ss Report The Owner's Project Manager shall submit to the Town a written Monthly Progress Report summarizing activity during the preceding calendar month. The Monthly Progress Report shall be submitted in a format acceptable to the Town and shall describe work performed by all project participants (OPM, Designer, Contractor) during the reporting period and work planned for the next reporting period. The report shall also address matters of schedule adherence (Project Schedule as well as individual completion percentages for design and construction), costs to date (updated Project Budget and actual expenses incurred), change orders and potential change orders, cash flow projections, Contractor's safety performance, Designer's QA/QC, Contractor's compliance, community issues, Designer and Contractor's MBE/WBE activities, any issues that could result in additional time and/or additional costs and any anticipated problems/concerns together with recommended solutions. 8.1.4 MBE/WBE Compliance Monitoring (All Phases) The Owner's Project Manager shall monitor and report on the Designer's and Contractor's compliance with MBE/WBE requirements. 8.1.5 Site Investigations and Environmental Testing Prior to Designer Selection, the Owner's Project Manager shall assist the Town in determining the need for and the implementation of site evaluation and testing including, but not necessarily limited to, site surveys, wetlands evaluation, environmental evaluations, hazardous materials evaluation, subsurface testing (percolation tests, test pits, borings, etc.), destructive testing and other investigative work in the case of renovation projects. The determination that any additional services or testing need to be performed shall rest with the Town or Designer. 8.1.6 Project Records and Reports (All Phases) The Owner's Project Manager shall maintain a complete Project file including, but not necessarily limited to, a copy of the executed agreements of the Town -Owner's Project Manager, Town-Architect/Engineer and the Town -Contractor including copies of performance and payment bonds, a master list of permits, certificates of insurance, licenses and approvals for the Project, correspondence, daily reports, payment records, shop drawings, submittals, project schedules, requests for information, change orders/amendments, change directives and meeting minutes. The Owner's Project Manager shall assist the Town in responding to any public records request received by the Town. 8.2 Feasibility Study/Schematic Design Phase 8.2.1 Designer Selection The Owner's Project Manager shall coordinate the designer selection process for the Town: 8.2.1.1 The Owner's Project Manager shall assist the Town in preparing the schedule for designer selection, advertisement, request for services, selection criteria and other materials required for the application package. 8.2.1.2 The Owner's Project Manager shall record the names and addresses of all designers who request an application package, shall notify all interested designers of any changes to the request for services or application package and shall respond to project specific questions. The Owner's Project Manager shall complete reference checks on all applicants and provide the Town with a report on the references. 8.2.1.3 The Owner's Project Manager shall review each submitted application to be sure it is complete. 8.2.1.4 The Owner's Project Manager shall assist the Town in the negotiation of the design contract with the first -ranked firm. 8.2.2 Feasibility Study/Schematic Design The Owner's Project Manager shall monitor the activities and responsibilities of the Designer during this phase and assist the Town in the review of the proposed scope, schedule and budget, developed by the Designer, including the review of the Designer's preliminary drawings. The Owner's Project Manager shall: a. Review Designer's cost estimates and, if required by the Town, prepare independent construction cost estimates as provided in to Section 8.1.2.2 of this Contract for comparison with the Designer's cost estimates. b. Work with the Town and Designer to prepare the Project Schedule. 8.2.2.1 The Owner's Project Manager shall review the schematic design to recommend Value Engineering Changes (VEC) to the Town. A Value Engineering Change shall include an analysis of the constructability, cost, quality and schedule impact. The Designer will be responsible for a thorough review and recommendation on the technical merit of any VEC. 8.2.2.2 The Owner's Project Manager shall lead design coordination meeting between the Designer and the Town to provide for review and discussion of design/engineering related issues. The Owner's Project Manager shall provide technical assistance to the Town. 8.2.2.3 The Owner's Project Manager shall assist in the implementation of additional site evaluation and testing as required by the Designer, including, but not necessarily limited to, site surveys, wetlands evaluation, environmental evaluations, hazardous materials evaluation, subsurface testing (percolation tests, test pits, borings, etc.), destructive testing and other investigative work in the case of renovation projects. 8.2.2.4 The Owner's Project Manager shall monitor the status of the Designer contract including monitoring the schedule of the Designer, provide review and comment of Designer's work product and make recommendations to the Town when, in the opinion of the Owner's Project Manager, requirements of the Designer's contract with the Town are not being fulfilled. 8.2.2.5 The Owner's Project Manager shall meet with the Town, Designer and other project participants as necessary. 8.2.2.6 The Owner's Project Manager shall assist the Town with the completion of grant applications for funding for the study of green design strategies and assist by identifying green strategies, as appropriate, for study during this phase. 8.3 Change Order and Claims Administration The Owner's Project Manager shall review and coordinate its review with the Designer and make specific document and processing recommendations to the Town, consistent with the General Laws and the construction contract documents, which minimize change order and claims processing costs and time. Services provided by the Owner's Project Manager shall include: 8.3.1 Change Order Administration 8.3. 1.1 Review all Contractor proposals for change orders and supporting schedules for time extension requests. For change orders in excess of $100,000, prepare independent cost estimate analysis with associated schedule impact. 8.3.1.2 Initiate, conduct, and document negotiations through a memorandum of negotiations with the Contractor. 8.3.1.3 For all change order requests by the Contractor, make recommendations to the Town for acceptance or rejection. 8.3.1.4 Prepare and finalize any documentation required for processing change orders including documentation to support or reject the change. 8.3.1.5 Maintain a status report system for logging and tracking change orders, claims, and disputes to resolution. At a minimum, monthly reports shall include contract number, description of change order or claim, reason for change, date initiated, magnitude of estimated cost, actions required (identification of action parties and response dates) and status. This report shall be included in the Monthly Progress Report. 8.3.2 Claims and Disputes Management 8.3.2.1 Implement a claims management procedure consistent with the construction contract documents. 8.3.2.2 Analyze Contractor claims and propose recommendations to the Owner in support of the Town's obligations under the claims article of the construction contract documents. Prepare responsive positions in coordination with the Town, and obtain appropriate input from the Designer and/or Contractor. 8.3.2.3 In the event that a dispute arises between the Contractor, and/or any Subcontractors, and/or the Designer, including, but not necessarily limited to, disputes regarding the performance, quality, acceptability, fitness and rate of progress of the Project or the requirements of the Designer's contract or the Contractors' construction contract(s), the Owner's Project Manager shall report any such claims, disputes or other matters in question relating to the performance by the Contractor, Subcontractor, Designer or vendor to the Town in writing as soon as reasonably possible. 8.3.2.4 The Owner's Project Manager shall take all reasonable efforts designed to resolve any such claims, disputes, or other matters in question. 8.4 Construction Documents 8.4.1 The Owner's Project Manager shall review the construction documents for quality, cost, and schedule improvements, conciseness and clarity. The Owner's Project Manager shall: a. Review Designer's cost estimate pursuant to Section 8.1.2.2 of this Contract., (One estimate during Task 8.4) b. Provide advice, consultation and guidance to the Town relative to value engineering recommendations. c. Work with the Town and Designer to update the construction budget and schedule. 8.4.2 The Owner's Project Manager shall provide advice, consultation and guidance to the Town and the Designer relative to general contractor and subcontractor prequalification requirements pursuant to M.G.L. c. 149 § 4413'/2 and § 44133/4 as applicable, including participation as a member of the Owner's Prequalification Committee. 8.4.3 The Owner's Project Manager shall monitor and coordinate the schedule, technical accuracy, efficiency, coordination, and constructability of the Project and cost- effectiveness of all designs, drawings, reports, estimates and other work furnished by the Designer. The review of the construction documents shall include constructability, operability and bid -ability as well as document clarity and coordination between drawings and to identify conflicts between drawings and specification. 8.4.4 The Owner's Project Manager's review of the construction documents shall also include, but not be limited to, any concerns of the Owner's Project Manager and/or the Town relative to access, usable area, parking, utilities, anticipated noise sources during construction and identification of field offices, facilities, supplies and equipment. 8.4.5 The Owner's Project Manager shall coordinate the timely review of the construction documents by the Commissioning Consultant, if any, to determine that plans and specifications include the recommendations made in regard to materials selection, installation and testing criteria in regard to commissioning and start-up and provide adequate information and allow sufficient time for functional and system testing. 8.4.6 The Owner's Project Manager shall monitor the schedule of the Designer, provide review and comment of Designer's work product and make recommendations to the Town when, in the opinion of the Owner's Project Manager, requirements of the Designer's contract with the Town are not being fulfilled. 8.5 Biddin Pg hase 8.5.1 The Owner's Project Manager shall monitor the activities and responsibilities of the Designer in the advertisement, distribution of bidding documents and solicitation of public bids in accordance with M.G.L. c. 149 §§ 44A through 44J and other public construction -related statutes. The Owner's Project Manager shall: a. Administer general contractor and subcontractor prequalification requirements pursuant to M.G.L. c. 149 § 4413'/2 and § 44133/4 as applicable, including participation as a member of the Owner's Prequalification Committee. b. Attend, and assist the Town with, all pre-bid conferences and meetings and, assist, if directed by the Town. c. Attend, and assist the Town with, all sub -bid and general bid openings and, assist, if directed by the Town. d. Review all sub -bids and general bids in conjunction with Designer's determination of responsiveness, bidder eligibility, completeness, accuracy and price. Provide technical guidance to the Town relative to its acceptance of bids and determination of bidder responsibility. e. Review alternates and make written recommendations as to their acceptance. f. If the bid of the lowest eligible and responsible general bidder exceeds the construction budget, the Owner's Project Manager shall consult with the Designer and make recommendations to the Town in regard to maintaining the Project Budget which may include, consistent with Massachusetts public construction laws, reviewing and recommending acceptance of alternates, re- bidding or seeking additional funding from the Town. 8.5.2 The Owner's Project Manager shall make recommendations to the Town relative to the award of a construction contract. 8.5.3 The Owner's Project Manager shall assist the Town in the preparation and execution of the Owner -Contractor Agreement and shall obtain from the Contractor performance and payment bonds, insurance certificates, and all other documents and certificates required for contract execution. 8.5.4 The Owner's Project Manager shall assist the Town and the Designer in preparing and sending the Notice to Proceed to the Contractor. 8.5.5 The Owner's Project Manager shall provide the Contractor, Designer, and Town with required copies of executed construction contract documents. Construction Phase 8.6 Construction The Owner's Project Manager shall provide for each of the following activities, from Notice to Proceed of the construction contract to contract close-out for each Project. 8.6.1 The Owner's Project Manager shall monitor the Designer's administration of the Owner -Contractor Agreement including the processing of submittals, issuance of timely decisions and directives and consultant's or subconsultants' visits to the Project as necessary during the time that construction is occurring on the portions of the work to which the consultant's services relate. 8.6.2 The Owner's Project Manager shall provide an on-site Project Representative. 8.6.2.1 The Project Representative shall be subject to the approval of the Town and the Town reserves the right to require the Owner's Project Manager to replace the Project Representative at any time during the course of the Proj ect. 8.6.2.2 The Project Representative shall have at least five years experience in on- site supervision of projects similar in size and complexity to the Proj ect. 8.6.2.3 Unless otherwise directed, the Project Representative shall be present at all times when the Contractor is conducting operations at the site starting from issuance by the Owner of a Notice to Proceed to the Contractor and continuing until substantial use or substantial completion as determined by the Town and thereafter on an, as needed basis, until issuance to the Contractor of a Certificate of Final Completion by the Town. 8.6.3 The Owner's Project Manager shall review the Contractor's schedule of values to determine if it represents a reasonably balanced payment schedule for work The schedule of values shall include line items for all deliverables, testing requirements and specified operations and maintenance materials. The Owner's Project Manager shall submit recommendations for the Contractor's schedule of values to the Owner within forty-five days of the Owner's Notice to Proceed to the Contractor. 8.6.4 The Owner's Project Manager shall review the Contractor's submitted baseline schedule. The Owner's Project Manager shall be responsible for monitoring the timeliness of these submittals and enforcing compliance with schedule submittal requirements of the construction documents. The Owner's Project Manager shall evaluate the Contractor's planning for the execution of the work, evaluate the reasonableness of the proposed schedule and determine if the submitted schedule meets the requirements of the construction documents. 8.6.5 The Owner's Project Manager shall provide daily observation and monitoring of construction activities such that all shifts and work activities are observed and documented. Responsibilities shall include: 8.6.5.1 The Owner's Project Manager shall keep a daily log containing a record of weather, the Contractor's work on site, number of workers, visitors to the site, safety status of the Project, equipment and equipment utilization, material and equipment deliveries, non-compliance with safety procedures and issuance of any safety violation notifications, accidents, general description of work performed and quality of work, visits of code enforcement officials and any resulting reports or orders, verbal instruction to interpretations given to the Contractor, pay items, and any observed delays, deficiencies and field problems. 8.6.5.2 The Owner's Project Manager shall prepare weekly progress reports for submittal to the Designer and the Town that summarize the progress achieved, provide a concise description of problems and include a copy of the daily log. 8.6.5.3 The Owner's Project Manager shall assist the Designer in determining if construction and construction related activities are performed in accordance with plans and specifications and the approved shop drawings and are consistent with Massachusetts public construction laws. 8.6.5.4 The Owner's Project Manager shall monitor on a daily basis Time and Materials work on change orders for less than $50,000, including work installed, volume measurements, time sheets, crew sizes and mixes, and equipment utilized. 8.6.5.5 The Owner's Project Manager shall evaluate actual quantities and classification of Unit Price work performed by Contractors. 8.6.5.6 The Owner's Project Manager shall evaluate field problems, using the proper channels for solution and communication of the information to the Designer and the Town. 8.6.5.7 The Owner's Project Manager shall coordinate and track requests for clarification on drawings/specifications, design changes and proposed change orders. 8.6.5.8 The Owner's Project Manager shall prepare responses to Contractor correspondence for the Town. 8.6.5.9 The Owner's Project Manager shall monitor and coordinate the scheduling and activities of independent materials testing functions at the site, including distribution of reports and any necessary actions resulting. 8.6.5.10 The Owner's Project Manager shall maintain at the Project site, on a current basis, a record copy of Construction Contract Documents, including, but not necessarily limited to, drawings, specifications, addenda, change orders, and directives as well as all approved shop drawings, product data, samples, submittals, operations and maintenance manuals and all other relevant documents relating to the construction of the Project. 8.6.5.11 The Owner's Project Manager shall monitor the Contractor's compliance with federal Davis Bacon prevailing wage requirements and Massachusetts prevailing wage requirements pursuant to M.G.L. c. 149 §§ 26 to 27H, inclusive including assisting the Town in cataloging and filing payroll affidavits. 8.6.5.12 The Owner's Project Manager shall shoot and maintain Project progress photographs showing construction progress at a frequency sufficient to document major activities or to document safety incidents, differing site conditions and quality issues. The Owner's Project Manager shall maintain a descriptive log and captioning of the photographs on CD. 8.6.6 The Owner's Project Manager shall monitor the Contractor's compliance with the construction schedule, identify potential problems, include problem identification on the Monthly Progress Report and make recommendations to the Town when, in the opinion of the Owner's Project Manager, requirements of the Contractor in the Owner - Contractor Agreement are not being fulfilled. 8.6.7 The Owner's Project Manager shall schedule, conduct and prepare minutes of weekly job meetings on progress, coordination and problem resolution and negotiations. The Owner's Project Manager shall prepare and submit minutes to the Town within three business days of the meeting. 8.6.8 Intentionally omitted. 8.6.9 The Owner's Project Manager shall monitor, review and analyze proposed change orders, and claims recommending appropriate action and resolution to the Town in accordance with Article 8.1.4. 8.6.10 The Owner's Project Manager shall review and coordinate its review with the Designer to recommend approval of the General Contractor's monthly payment requisitions. The Owner's Project Manager shall review the Designer's certification that the percentage of work included in the requisition is accurate and the work performed conforms to the construction contract. 8.6.11 Intentionally Omitted. 8.6.12 The Owner's Project Manager shall verify substantial completion of work; assist the Designer in the Designer's final inspection and receipt of documents, manuals, receipts, certifications, and all other materials required for final closeout as described in the construction contract. The Owner's Project Manager shall coordinate the detailed punchlist with the Designer, including a subsequent walk- through with the Designer and the Authority's Commissioning Consultant. The Owner's Project Manager and the Designer shall then coordinate a walk- through with the Town to finalize the punchlist. The Owner's Project Manager shall then be responsible for tracking and confirming the completion of the punchlist items. 8.7 Completion Phase 8.7.1 The Owner's Project Manager shall monitor the activities and responsibilities of the Designer and the Contractor in the close-out and commissioning of the Project. 8.7.2 The Owner's Project Manager shall assist in securing and reviewing and recommending approval of all project completion forms and documentation necessary for occupancy and full operation of the facility including, but not necessarily limited to, inspection certificates of local building authorities, Certificate of Substantial Completion, Certificate of Final Completion, Occupancy Permit, shop drawings, as - built drawings, operations and maintenance manuals, warranties, guarantees and any and all documentation as required by the contract documents. 8.7.3 The Owner's Project Manager shall assist the Town in completing the written evaluation of the Designer(s) pursuant to M.G. L. c. 7 § 38E and prepare, sign and provide to the Town for its signature the written evaluation of the Contractor(s) and Trade Subcontractors pursuant to M.G.L. c. 149 § 44D. 9.1 General 9.1.1 Extra Services are those services requested by the Town to be performed by the Owner's Project Manager but which are additional (or "extra") to the services performed as Basic Services. Such services are not included in the Fee for Basic Services and shall be invoiced and paid for separately. Extra services shall not be deemed authorized until a written Approval is received from the Town. 9.1.2 The proposed cost, scope and schedule of all Extra Services shall be presented to and approved by the Town in writing prior to the performance of any Extra Services. 9.1.3 Cost proposals for Extra Services shall be computed in accordance with the Hourly Rate Schedule established in Attachment A. 9.2 Unless specifically prohibited elsewhere and with the prior written Approval of the Town, the Owner's Project Manager shall perform any of the following services as Extra Services: 9.2.1 Preparing special studies, reports, or applications at the written direction of the Town, other than those specifically required herein as part of Basic Services; 9.2.2 Assisting in the appeals process of permitting boards or commissions; 9.2.3 Rebidding, resolicitation, or re -advertising for bids, proposals, or qualifications unless made necessary by the fault of the Owner's Project Manager, in which events such rebidding shall be deemed part of Basic Services, and subject to the limitation in Article 7.2; 9.2.4 Furnishing services in connection with a bid protest filed in court or with the Office of the Attorney General, provided such activities did not arise due to the fault of the Owner's Project Manager; 9.2.5 Furnishing services in excess of Basic Services made necessary by the termination of the General Contractor; 9.2.6 Providing consultation with respect to replacement of work damaged by fire or other casualty during construction; 9.2.7 Assisting the Town in litigation, claims resolution or non-binding mediation arising out of the Designer contract or the construction contract, provided such litigation or claims did not arise due to the fault of the Owner's Project Manager; and 9.2.8 Providing other services requested by the Town that are not included as Basic Services pursuant to this Contract. 9.3 Invoices for Extra Services shall be accompanied by a complete breakdown listing the name, payroll title, date, number of hours by day, hourly rate and extended amount, per specified task of Extra Services performed. Hourly rates shall be in accordance with the Hourly Rate Schedule in Attachment A. 10.1 For coordination and responsibility for the work described in the following paragraphs 10.1.1 and 10.1.2, the Owner's Project Manager shall be reimbursed its actual costs and those of its Subconsultants, supported by invoices or receipts, plus 10%. The following are reimbursable expenses: 10.1.1 Certain out of pocket expenses paid by the Owner's Project Manager such as filing fees, and permit fees that are normally paid by the Town; travel to fabrication or manufacturing locations to identify completed, identified, and stored materials or equipment specifically for the Project; field office furnishings. 10.1.2 Any other specially authorized reimbursement deemed essential by the Town, in the Town's sole discretion, in writing. 10.2 Non -Reimbursable Items: The Town shall not reimburse the Owner's Project Manager or its Subconsultants for travel expenses, sustenance, telephone, facsimiles, electronic mails, postage and delivery expenses, unless specifically required elsewhere in this Contract. 10.3 The Owner's Project Manager shall not be entitled to compensation under this Article for the services of Subconsultants hired to perform Basic Services under this Contract. If a Subconsultant hired to perform Basic Services performs Extra Services approved by the Town, compensation for such Extra Services shall be made under Article 9. 11.1 The acceptance by the Owner's Project Manager of the last payment under the provisions of Article 7 or Article 12 in the event of termination of the Contract, shall in each instance, operate as and be a release to the Town and their employees and agents, from all claims of the Owner's Project Manager and its Subconsultants for payment for services performed and/or furnished, except for those written claims submitted by the Owner's Project Manager to the Town with, or prior to, the last invoice. 12.1 Assi ig_ment: 12.1.1 The Owner's Project Manager shall not assign or transfer any part of its services or obligations under this Contract (other than as specified in Article 5), without the prior written approval of the Town. Likewise, any successor to the Owner's Project Manager must first be approved by the Town before performing any services under this Contract. Such written consent shall not in any way relieve the Owner's Project Manager or its assignee from its responsibilities under this Contract. 12.2 Suspension 12.2.1 The Town may, at any time, upon seven (7) days written notice to the Owner's Project Manager, suspend this Contract. If the Town provides such written notice, the Owner's Project Manager shall be compensated for work satisfactorily performed in accordance with the Contract terms prior to the effective date of such suspension for which invoices have been properly submitted. 12.3 Termination 12.3.1 By written notice to the Owner's Project Manager, the Town may terminate this Contract at any time with or without cause. If such termination shall occur through no fault of the Owner's Project Manager, all compensation and reimbursement due to the Owner's Project Manager in accordance with the Contract terms, for work satisfactorily performed up to the date of termination, including proportionate payment for portions of the work started but incomplete at the time of termination, shall be paid to the Owner's Project Manager, provided no payment shall be made for work not yet performed or for anticipated profit on unperformed work. If such termination is for cause then no further payment shall be due to the Owner's Project Manager beyond the date of termination. 13.1 Any notice required to be given by the Town to the Owner's Project Manager, or by the Owner's Project Manager to the Town, shall be deemed to have been so given, whether or not received, if mailed by certified or registered mail to the Owner's Project Manager or the Town at the addresses indicated on page one. 14.1 With respect to professional services rendered by Owner's Project Manager, to the fullest extent permitted by law, Owner's Project Manager shall defend, indemnify and hold harmless the Town, and its officers and employees from and against all claims, damages, liabilities, injuries, costs, fees, expenses, or losses, including, without limitation, reasonable attorney's fees and costs of investigation and litigation, whatsoever which may be incurred by the Town to the extent caused by the negligence of or the breach of any of the provisions of this Contract by the Owner's Project Manager, a person employed by the Owner's Project Manager, or any of its Subconsultants. 14.2 For all other claims, to the fullest extent permitted by law, Owner's Project Manager shall defend, indemnify and hold harmless the Town, and its officers and employees from and against all claims, damages, liabilities, injuries, costs, fees, expenses, or losses, including, without limitation, reasonable attorney's fees and costs of investigation and litigation, whatsoever which may be incurred by the Town arising out of or resulting from the performance of its services provided that such claims, damages, liabilities, injuries, costs, fees, expenses, or losses are attributable to bodily injury or death or injury to or destruction of tangible property caused by an act or omission of the Owner's Project Manager, a person employed by the Owner's Project Manager, or any person or Subconsultants for whom the Owner's Property Manager is responsible under this Contract. 14.3 The indemnification obligation in this Article shall be in addition to, and not a limitation of, any other rights and remedies available to the Town under this Contract or at law. 15.1 The Owner's Project Manager shall obtain and maintain at its sole expense all insurance required by law and as may be required by the Town under the terms of this Contract. The insurance required hereunder shall be provided at the sole expense of the Owner's Project Manager or its Subconsultant, as the case may be, and shall be in full force and effect for the full term of this Contract between the Town and the Owner's Project Manager or for such longer period as otherwise required under this Contract. 15.2 All policies shall be issued by companies lawfully authorized to write that type of insurance under the laws of the Commonwealth of Massachusetts with a financial strength rating of "A" or better as assigned by A.M. Best Company, or an equivalent rating assigned by a similar rating agency acceptable to the Town. 15.3 The Owner's Project Manager and its Subconsultants, shall submit to the Town original certificates of insurance evidencing the coverage required hereunder, together with evidence that all premiums for such insurance have been fully paid simultaneously with the execution of this Contract. Certificates shall show each type of insurance, insurance company, policy number, amount of insurance, deductibles/self-insured retentions, and policy effective and expiration dates. The Owner's Project Manager shall submit updated certificates to the Town prior to the expiration of any of the policies referenced in the certificates so that the Town shall at all times possess certificates indicating current coverage. Failure by the Owner's Project Manager to obtain and maintain the insurance required by this Section, to obtain all policy renewals, or to provide the respective insurance certificates as required shall constitute a material breach of the Contract and shall be just cause for termination of the services of the Owner's Project Manager under this Contract. 15.4 Termination, cancellation, or material modification of any insurance required by this Contract, whether by the insurer or the insured, shall not be valid unless written notice thereof is given to the Town at least thirty days prior to the effective date thereof, which shall be expressed in said notice. 15.5 The Owner's Project Manager shall require by contractual obligation, and shall ensure by the exercise of due diligence, that any Subconsultant hired in connection with the services to be provided under this Contract shall obtain and maintain all insurance required by law and as may be required by the Town under the terms of this Contract. 15.6 The Owner's Project Manager or its Subconsultant, as the case may be, is responsible for the payment of any and all deductibles under all of the insurance required by this Contract. T he Town shall not be responsible for the payment of deductibles, self-insured retentions or any portion thereof. 1.5.7 Workers' Compensation, Commercial General Liability, Automobile Liabili , , and Valuable Papers The Owner's Project Manager shall purchase and maintain at its own expense during the life of this Contract, or such other time period as provided herein, the following types and amounts of insurance, at a minimum: 15.7.1 Workers' Compensation Insurance in accordance with General Laws Chapter 152. The policy shall be endorsed to waive the insurer's rights of subrogation against the Town. 15.7.2 Commercial General Liability Insurance (including Premises/Operations; Products/ Completed Operations; Contractual; Independent Contractors; Broad Form Property Damage; and Personal Injury) with a minimum limit of $1,000,000 per occurrence, $2,000,000 aggregate. The Owner's Project Manager shall maintain such insurance in full force and effect for a minimum period of one year after final payment and shall continue to provide evidence of such coverage to the Town. The Town shall be added as an additional insured on this policy. The policy shall be endorsed to waive the insurer's rights of subrogation against the Town. 15.7.3 Comprehensive Automobile Liability Insurance (including owned, non -owned and hired vehicles) at limits of not less than: a. $1,000,000 Each Person for Bodily Injury; b. $1,000,000 Each Accident for Bodily Injury; and c. $1,000,000 Each Accident for Property Damage. 15.7.4 Valuable Papers insurance in an amount sufficient to assure the restoration of any plans, drawings, computations, field notes, or other similar data relating to the work covered by this Contract or by the Agreement between the Town and the Designer in the event of loss or destruction while in the custody of the Owner's Project Manager until the final fee payment is made or all data is turned over to the Town, and this coverage shall include coverage for relevant electronic media, including, but not limited to, documents stored in computer-aided design drafting (CADD) systems. 15.8 Professional Liability The Owner's Project Manager shall maintain professional liability insurance covering errors and omissions and negligent acts of the Owner's Project Manager and of any person or entity for whose performance the Owner's Project Manager is legally liable at all times while services are being performed under this Contract. Certificates of professional liability insurance evidencing such coverage shall be provided to the Town on or before the effective date of this Contract and for a period of at least six years after the earlier of (1) the date of official acceptance of the completed Project by the Town; (2) the date of the opening of the Project to public use; (3) the date of the acceptance by the general contractor of a final pay estimate prepared by the Town pursuant to M.G.L. chapter 30; or (4) the date of substantial completion of the Construction Contract and the taking of possession of the Project for occupancy by the Town. The certificates shall indicate a retroactive date that is no later than the effective date of this Contract and a limit of not less than $1,000,000. In the event that the Town terminates this Contract at or before the completion of the Feasibility Study/Schematic Design Phase "without cause" as provided in Article 12.3.1; or the Contract term ends pursuant to its own provisions at the completion of the Feasibility Study/Schematic Design Phase and the Contract is not amended to authorize the Owner's Project Manager to perform services for subsequent design phases, Construction Phases and/or Completion Phase; or the Town otherwise elects not to proceed with the Project beyond the Feasibility Study/Schematic Design Phase, either because the Town lacks sufficient funding for the Project or for any other reason, the Town may, amend this Article 15.8. 15.9 Liability of the Owner's Project Manager Insufficient insurance shall not release the Owner's Project Manager from any liability for breach of its obligations under this Contract. Without limitation, the Owner's Project Manager shall bear the risk of any loss if its valuable papers insurance coverage is insufficient to cover the loss of any work product covered by this Contract. 16.1 Unless provided otherwise by law, ownership and possession of all information, data, reports, studies, designs, drawings, specifications, materials, documents, models, and any other documentation, product or tangible materials authored or prepared, in whole or in part, or purchased, obtained, created by the Owner's Project Manager pursuant to this Contract (collectively, the "Materials"), other than the Owner's Project Manager's administrative communications, records, and files relating to this Contract, shall be the sole property of, and shall vest in, the Town as "works made for hire" or otherwise. The Town will own the exclusive rights, worldwide and royalty -free, to and in all Materials prepared and produced by the Owner's Project Manager pursuant to this Contract, including, but not limited to, United States and International patents, copyrights, trade secrets, know- how and any other intellectual property rights, and the Town shall have the exclusive, unlimited and unrestricted right, worldwide and royalty -free, to publish, reproduce, distribute, transmit and publicly display all Materials prepared by the Owner's Project Manager. At the completion or termination of the Owner's Project Manager's services, all original Materials shall be promptly turned over to the Town. 17.1 Truth -in -Negotiations Certificate: If the Owner's Project Manager's fee is negotiated, by signing this Contract, the Owner's Project Manager hereby certifies to the following: 17.1.1 Wage rates and other costs used to support the Owner's Project Manager's compensation are accurate, complete, and current at the time of contracting; and 17.1.2 The Contract price and any additions to the Contract may be adjusted within one year of completion of the Contract to exclude any significant amounts if the Town determines that the fee was increased by such amounts due to inaccurate, incomplete or non-current wage rates or other costs. 17.2 The person signing this Contract certifies, as a principal or director of the Owner's Project Manager, that the Owner's Project Manager 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 this Contract; no consultant to or Subconsultant for the Owner's Project Manager has given, offered or agreed to give any gift, contribution or offer of employment to the Owner's Project Manager, or to any other person, corporation, or entity as an inducement for, or in connection with, the award to the Owner's Project Manager or Subconsultant of a contract by the Owner's Project Manager; and no person, corporation or other entity, other than a bona fide full-time employee of the Owner's Project Manager, has been retained or hired by the Owner's Project Manager to solicit for or in any way assist the Owner's Project Manager in obtaining this Contract upon an agreement or understanding that such person, corporation or other entity be paid a fee or other consideration contingent upon the award of this Contract . 17.3 Revenue Enforcement and Protection Program (REAP): Pursuant to Massachusetts General Laws, Chapter 62C, Section 49A, the undersigned certifies under the penalties of perjury that to the best of his/her knowledge and belief that the Owner's Project Manager and the principals thereof are in compliance with all laws of the commonwealth relating to taxes, reporting of employees and contractors, and withholding and remitting child support. 17.4 Interest of Owner's Project Manager: The Owner's Project Manager hereby certifies that it is in compliance with the provisions of General Laws Chapter 268A whenever applicable. The Owner's Project Manager covenants that 1) he/she presently has no financial interest and shall not acquire any such interest direct or indirect, which would conflict in any manner or degree with the services required to be performed under this Contract or which would violate M.G.L. Chapter 268A, as amended from time -to -time; 2) in the performance of this Contract, no person having any such interest shall be employed by the Owner's Project Manager; and 3) no partner or employee of the firm is related by blood or marriage to any officer, official, or employee of the Town, unless approved by the State Ethics Commission. 17.5 Equal Opportunity: The Owner's Project Manager shall not discriminate in employment against any person on the basis of race, color, religion, national origin, sex, sexual orientation, age, ancestry, disability, marital status, veteran status, membership in the armed forces, presence of children, or political beliefs. The Owner's Project Manager shall comply with all provisions of Title VI of the Civil Rights Act of 1964 and M.G.L c.151 B. 17.6 Certification of Non -Collusion: The Owner's Project Manager certifies under penalties of perjury that its proposal has been made in and submitted in good faith and without collusion or fraud with any other person. 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. 17.7 Governing- Law: This Contract shall be governed by the laws of the Commonwealth of Massachusetts. 17.9 Venue: Any suit by either party arising under this Contract shall be brought only in the a court of competent jurisdiction in the county where the Project is located. The parties hereto waive any argument that this venue is improper or that the forum is inconvenient. In consideration of Owner's Project Manager's delivery of Basic Services, the Town shall pay the Owner's Project Manager on an hourly basis, up to a total fee that shall not exceed %finsert total fee amount]. The Uinsert total fee amount] fee is a cap for Basic Services related to this Contract, and the actual amount paid by the Town for Basic Services required during the duration of this Contract may be an amount less than $]insert total fee amount]. The Owner's Project Manager shall invoice the Town based on hours worked pursuant to this Contract, according to the hourly rates below and the schedule set forth below. During the course of this Contract, the rates in effect shall not be increased above those delineated in the following table: Title The Owner's Project Manager shall perform the Services in accordance with the following Schedule: Feasibility Study/Schematic Design Phase Design Development/Construction Document/Bidding Phase Construction Phase/Final Completion Extra Services (Identify by Category) Reimbursable Services (Identify by Category) IndeRendent Cost Estimates Task 8.2.2 $X/per estimate N/A Task 8.4.2 $X/per estimate N/A TOWN OF NORTH ANDOVER REQUEST FOR QUALIFICATIONS OWNER'S PROJECT MANAGER SERVICES SCHOOL DEPARTMENT ADMINISTRATION BUILDING Contact Address Telephone Number: Fax Number: Email August 1, 2012 Ray Santilli Assistant Town Manager 120 Main Street North Andover, MA 01845 978-688-9516 978-688-9556 rsantilli@townofnorthandover.com Table of Contents 1. Introduction.......................................................... 3 2. Submission Deadline and Instructions ............................ 3 3. Questions, Addendum or Proposal Modifications ............... 4 4. Modifications to Proposal ........................................... 5 5. Pre -Proposal Conference/Briefing................................. 5 6. General Project Description .......................................... 5 7. Background Information ............................................. 6 8. Scope of Services .................................................... 6 9. Requirements for Applications .................................... 7 10. Minimum Criteria/Qualifications................................ 8 11. Comparative Evaluation Criteria ................................. 9 12. Initial Fee Proposals ............................................... 12 13. Awarding of Contract ............................................. 12 Certifications............................................................ 13 OPM Agreement....................................................... 15 Town of North Andover RFQ Page 2 of 26 Owner's Project Manager Services — School Department Administration Building 1. Introduction The Town of North Andover invites proposals from qualified firms for Owner's Project Manager (OPM) services associated with the renovation or replacement of the former police station structure, located at 566 Main Street, to construct a modern, state-of-the-art School Department administration building. Qualified companies are requested to submit their proposals to the Assistant Town Manager at the Town Hall, 120 Main Street, North Andover, MA, in accordance with the instructions contained within this Request for Qualifications (RFQ). The term Owner's Project Manager is defined as "an individual, corporation, partnership, sole proprietorship, Joint Stock Company, joint venture, or other entity engaged in the practice of providing project management services for the construction and supervision of construction buildings." The OPM is prohibited from having any affiliation with the designer, contractor, or any other party having an interest in the project. Notice of this RFQ is published in the Central Register (which is a weekly publication of the Office of the Secretary of State), the Eagle -Tribune (a newspaper of general circulation) and posted on the Town website (www.townofnorthandover.com) under "Bids, Quotes and Proposals" The Town will accept proposals delivered in person or by mail. All proposals must be received by 2:00 p.m. on Thursday, August 23, 2012 to be considered. Proposals submitted by fax or by electronic mail will not be considered. All proposals must be submitted to: Mr. Ray Santilli, Assistant Town Manager North Andover Town Hall 120 Main Street North Andover, MA 01845 This is not a price competition, but rather the Town's decision will be based upon qualifications and experience with similar projects. The Town will evaluate proposals and enter negotiations with the highest scoring proposer. If unsuccessful, the Town may attempt to negotiate with the second highest scoring proposer. The Town of North Andover may cancel this RFQ or reject in whole or in part any and all proposals, if they determine that cancellation or rejection serves the best interest of the Town of North Andover. 2. Submission Deadline and Instructions Qualified persons or firms are requested to submit proposals marked "OPM Services — School Department Administration Building" with the applicant's name and address on the front. Applicants should provide one (1) signed original proposal and five (5) copies. Fax or electronic submissions will not be accepted. Town of North Andover RFQ Page 3 of 26 Owner's Project Manager Services — School Department Administration Building Applicants must also execute and include in the sealed submission the Certificate of Vote, Certificate of Non -Collusion, and the Certificate of Tax Compliance. The Town of North Andover, through the Town Manager, is the awarding authority and reserves the right to reject any and all proposals or parts of proposals; to waive any defects, information, and minor irregularities; to accept exceptions to these specifications; and to award contracts or to cancel this Request for Proposals if it is in the Town of North Andover's best interest to do so. Proposals must be signed as follows: a) if the bidder is an individual, by her/him 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. All proposals must be received and registered by the Assistant Town Manager's office by Thursday, August 23, 2012 at 2:00 p.m. All outer envelopes/packages must be labeled "OPM Services — School Department Administration Building" and mailed or hand delivered to the following address: Mr. Ray Santilli, Assistant Town Manager North Andover Town Hall 120 Main Street North Andover, MA 01845 No proposals will be accepted after the time and date noted. Late delivery of materials due to any type of delivery system shall be cause for rejection. If on the date and time of the submittal deadline the Town Hall is closed due to an uncontrolled event such as fire, snow, ice, wind or building evacuation, the submittal deadline will be postponed until 2:00 p.m. on the next normal business day. 3. Questions, Addendum or Proposal Modification Questions concerning this RFQ must be submitted in writing to: Ray Santilli, Assistant Town Manager, North Andover Town Hall, 120 Main Street, North Andover, MA 01845, or they may be emailed to Mr. Santilli at rsantilli@townofiiorthandover.com. All questions/ inquiries must be received by close of business on Tuesday, August 14, 2012 to be considered. Questions/inquiries may be delivered, mailed, emailed or faxed. Written responses will be posted on the Town's website (www.townofnorthandover.com) in "Bids, Quotes and Proposals" by close of business on Thursday, August 16, 2012. If any changes are made to this RFQP, an addendum will be posted on the Town's website in "Bids, Quotes and Proposals". It is the sole responsibility of the bidder to ascertain the existence of any addenda and/or modifications issued by the Town. As this RFQ has been published on the Town's website (www.townofnorthandover.com) all bidders are responsible for checking the website for any addenda and /or modifications that are subsequently made to this RFQ. The Town accepts no liability for and will provide no accommodations to bidders who fail to check for amendments and/or modifications to this RFQ and subsequently submit inadequate or Town of North Andover RFQ Page 4 of 26 Owner's Project Manager Services — School Department Administration Building 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 sixty (60) days following the submittal deadline. It is anticipated that the contract will be awarded within thirty (30) days after the submittal deadline. Bidders are not to communicate directly with any employee of the Town of North Andover, 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 may contact the Contact Person for this RFQ in the event this RFQ is incomplete or the bidder is having trouble obtaining any part of the RFQ electronically through the Town website (www.townofnorthandover.com), including, and without limitation the form and attachments. Bidder with disabilities or hardships that seek reasonable accommodations, which may include the receipt of RFQ information and/or addenda 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 Town of North Andover. 4. Modifications to Proposal A vendor may correct, modify, or withdraw a proposal by written notice received by the Town prior to the time and date set for the proposal opening. Proposal modifications must be submitted in a sealed envelope clearly labeled "Modification No. ." Each modification must be numbered in sequence, and must reference the original RFP. 5. Pre -Proposal Conference/Briefing There will be no pre -proposal submission conference/briefing for this project 6. General Project Description The former police station building, located at 566 Main Street, has been designated by the North Andover Board of Selectmen as the location for a School Department Administration Building as part of the North Andover Facilities Master Plan. The current School Department administration offices at 1600 Osgood Street are leased, and the first step in the North Andover Facilities Master Plan is to create a permanent home for the School Department Administration on Town owned property. The intent is to either convert the existing former police station building to a modern, state-of-the-art school department administration building or remove the existing structure and replace it with a modern, state-of-the-art school department administration building. 2012 Annual Town Meeting appropriated $265,000 to contract the Owner's Project Manager and the Architect/Design Services in order to prepare a feasible design and cost estimate. The intent Town of North Andover RFQ Page 5 of 26 Owner's Project Manager Services — School Department Administration Building is to present the final plans and cost at the 2013 Annual Town Meeting (May 2013) for complete funding of the project. 7. Background Information In early 2011, the Town of North Andover contracted with The Cecil Group to provide evaluation and design services for space needs associated with the various municipal and school departments. The results of the study would become the basis for a long term facilities plan. The `North Andover Recommended Facilities Master Plan' was released in May 2012. Building and site assessments were conducted in detail. In regards to the former police station building, The Cecil Group reports: The former police station is located on a 1.57 acre site at 566 Main Street. It was constructed in 1968 as a police station and become vacant within the last year. The building is roughly 6,000 square feet, which includes a basement and ground -level floor. There are holding cells, locker rooms, offices and a garage in the basement and administrative offices and a dispatch center on the first floor. There is also an unoccupied attic space, which can be accessed by a ships ladder. The building does not have an elevator; there are stairs at the back of the building. The wood and concrete -framed building has concrete masonry walls and a sloped roof. The trusses span the north -south width of the building, and the interior walls on the first floor are non - loading -bearing. The following issues or needs were identified through an assessment of the building. o Not ADA compliant o Lift required o Roof replacement required o Re -pointing required o Electrical system serviceable o Gas system serviceable o HVAC upgrade required Other upgrades and repairs are needed if the building is to be reused. Specifically, the fire alarm system needs to be upgraded as it is not ADA compliant, and an automatic sprinkler system will need to be installed if the building is substantially renovated. Currently, there are no sprinklers in the building. The carpet on both floors should be replaced, and the life safety system should be upgraded. Overall, the building is worthy of consideration for reuse for municipal and other purposes because of its location near other town property, its ability to expand on site, and its open floor plan. 8. Scope of Services The Owner's Project Manager (OPM) shall work with the Town to provide advice and consultant services with respect to design, value engineering, scope of work, cost estimating, general contractor, and subcontractor pre-qualification/guidance pursuant to section 44D%2 or 4413% when applicable, project construction and contract close out services. Town of North Andover RFQ Page 6 of 26 Owner's Project Manager Services — School Department Administration Building The OPM will be responsible for, but not limited, to providing the following services: a) Gather information required to become familiar with the project and the various parties that must be communicated with during the design process. b) Meet with Town, architect/designer, and other interested stakeholders as necessary. c) Provide advice, consultation, and guidance to the Town relative to: i. Preparation of the project scope, budget and schedule; ii. Preparation of architect/designer selection materials; iii. Preparation of architect/designer services contracts; iv. Establishment of architect/designer criteria; and V. Selection of architect/designer and other consultants in accordance with MGL c7 §38A'h including execution of contracts, and maintenance and tracking of insurance certificates. d) Oversee the architect/designer's work as it relates to quality of design, efficiency of design, and cost effectiveness. e) Monitor and control the overall project budget, make recommendations to the Town Manager concerning potential increases or decreases to the budget. f) Review and critique the architect/designer's cost estimates. g) Review the plans and specifications for cost, constructability issues, missing items, coordination, and compliance with the requirements of MGL cl49, §§44A -44L and all other applicable laws and regulations. h) Maintain a complete project file. i) Be available to support the process and budget request at meetings of the Board of Selectmen, Finance Committee and Annual Town Meeting. The OPM is to become fully engaged in the project immediately upon award of this contract. Upon successful and satisfactory completion of the listed and/or negotiated scope of services, the Town of North Andover may continue to engage the services of the successful individual or firm for the remaining phases of the New School Administration Office Building project subject to funding appropriations for the project at future Town Meetings. At that point, the Town will negotiate the scope of services and fee schedule for the remaining phases. 9. Requirements for Application Each applicant must submit a written Application on the Designer Selection Board application form for "Standard Designer Application Form for Municipalities and Other Public Agencies not Town of North Andover RFQ Page 7 of 26 Owner's Project Manager Services — School Department Administration Building within DSB Jurisdiction 2005". The application can be downloaded from www.mass.gov/cam. The following information is specifically required: a) Firm/individual name, contact name, address, telephone and fax numbers; b) Firm/individual history including length of time the firm/individual has been in business; c) Names and titles of firm partners and/or officers; d) Key personnel that will be assigned to the project including: applicable registration numbers, resumes, professional designations, licenses held, and information on experience with similar projects; e) List of completed projects that would best illustrate qualifications for the project - references must be included; f) List of all ongoing projects with anticipated schedule(s) for completion; g) Names and qualifications of engineers and other consultants that may be used for the proj ect; h) Statement of the scope and type of services proposed for the project. The applicant should describe the process and methodology to be used in the completion of services with specific reference to examples of similar projects in which this methodology has been used; i) Work plan and schedule which reflects timetable for completion of the project; j) Statement of any legal administrative proceedings pending or concluded adversely to the applicant within the past five (5) years that relate to the applicant's performance of this type of work; k) Appropriate certificates of insurance; and 1) Demonstration that the firm has the financial capacity to fulfill its obligations if awarded the contract. 10. Minimum Criteria/Qualifications Each applicant must demonstrate that it meets the following minimum qualifications: a) The individual or principal doing the work of the OPM shall be a person who is registered by the Commonwealth of Massachusetts as an architect or professional engineer, and who has at least five (5) years experience in the construction and supervision of construction of buildings or a person, if not registered as an architect or professional engineer who has at least seven (7) years experience in the construction and Town of North Andover RFQ Page 8 of 26 Owner's Project Manager Services — School Department Administration Building supervision of construction of buildings. In documenting this qualification, the applicant 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 play in the project. b) Knowledge of, and experience in, legal and administrative requirements, procedures, and practices related to the design, funding and construction of Massachusetts public building projects including the State Building Code, regulations of the Architectural Barriers Board and Massachusetts public building and procurement law. c) Possess all necessary current licenses and registrations, either within the firm or through independent consultants, to qualify under Massachusetts' law to perform the function of the Owner's Project Manager. d) Provide evidence of insurance for general liability, automobile, worker's compensation (statutory) and professional services liability, as required. e) Provide detailed description of at least one recent similar project on which the OPM has performed similar services, identifying references with the owners of those projects as well as the personnel who worked on them and stating whether those individuals will be assigned to the Project. f) Not be debarred under MGL 649, §44C or disqualified under MGL c7, §38D. g) Submission of required statements and forms. 11. 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 Response excels on the specific criterion Advantageous 3 points Response meets evaluation standard for the criterion Least Advantageous 1 point Response does not fully meet the criterion or leaves a question or issue not fully addressed Does Not Meet 0 points * Does not address the criterion * Proposal is automatically eliminated from further consideration if "0 points" is received in any category. a) Project Management Experience: Successful experience of firm or individual in the role of Owner Project Manager in the Commonwealth of Massachusetts over the last five (5) years: ♦ Experience in completing four (4) or more OPM contracts will be considered Highly Advantageous (5 points) Town of North Andover RFQ Page 9 of 26 Owner's Project Manager Services — School Department Administration Building ♦ Experience in completing two (2) or three (3) OPM contracts will be considered Advantageous (3 points) ♦ Experience in completing one (1) OPM contract will be considered Least Advantageous (1 point) ♦ No experience in OPM contracts will be considered as Does Not Meet (0 points and elimination from further consideration) b) Project Design and Construction Oversight: Ability of firm or individual to begin work immediately and maintain an intensive schedule to meet the Town's timetable, and oversee the architect's work as it relates to quality of design, efficiency of design, cost effectiveness, bidding, and construction oversight: ♦ Developing presentation materials for this project and able to devote sufficient resources to complete the project according to the Town's timetable, and available by the beginning of September 2012 to begin contract work will be considered Highly Advantageous (5 points) ♦ Some experience in these areas but information provided leaves unsure of ability to devote sufficient resources and to meet the project's timetables, and available by the beginning of October 2012 to begin contract work will be considered Advantageous (3 points) ♦ Demonstrate limited construction management or limited design oversight ability, but may be able to devote sufficient resources to complete the project in accordance with Town's timetable, and available by November 2012 to begin contract work will be considered Least Advantageous (1 point) ♦ Have not overseen a designer's work as it relates to quality of design, efficiency of design and cost effectiveness or unable to devote sufficient resources to meet the project's timetable will be considered as Does Not Meet (0 points and elimination from further consideration) c) Team and Key Staf: Qualifications and involvement of key personnel to be assigned to this project and the experience of such personnel in relation to successfully completing the role of OPM for projects similar in size and/or nature: ♦ Key staff that have at least seven (7) years of relevant experience in construction and supervision of buildings or an individual within the firm having nine (9) years relevant experience in construction and supervision of construction of buildings in the public sector in the Commonwealth of Massachusetts will be considered Highly Advantageous (5 points) Town of North Andover RFQ Page 10 of 26 Owner's Project Manager Services — School Department Administration Building ♦ Key staff that have at least five (5) years of relevant experience in construction and supervision of buildings or an individual within the firm having seven (7) years relevant experience in construction and supervision of construction of buildings in the public sector in the Commonwealth of Massachusetts will be considered Advantageous (3 points) Key staff that have less than five (5) years of relevant experience in construction and supervision of buildings or an individual within the firm having less than five (5) years relevant experience in construction and supervision of construction of buildings in the public sector in the Commonwealth of Massachusetts will be considered Does Not Meet (0 points and elimination from further consideration) d) Quality of References: References will be evaluated to identify the ability and quality of previous work as an OPM on municipal building projects in the Commonwealth of Massachusetts over the last five (5) years: ♦ Achieving successful OPM experience from four (4) or more previous contracts will be considered Highly Advantageous (5 points) ♦ Achieving successful OPM experience from two (2) or three (3) previous contracts will be considered Advantageous (3 points) ♦ Achieving successful OPM experience from one (1) previous contract will be considered Least Advantageous (1 point) ♦ No successful experience in any previous OPM contract will be considered as Does Not Meet (0 points and elimination from further consideration) e) Quality of Written Materials: Responses will be reviewed in conjunction with any materials provided to determine relative quality, readability, responsiveness to RFQ, and understanding of the projects and the role of the OPM: ♦ Proposals that organize their response according to the minimum and comparative criteria in the RFP, make it easy to evaluate the response, communicate a work plan that demonstrates the manner in which the OPM oversees the designer's work as it related to the quality, efficiency, and cost effectiveness of design, and demonstrate an understanding of the project will be considered Highly Advantageous (5 points) ♦ Proposals that demonstrate an understanding of the role of the OPM in similar projects, and that demonstrate an understanding of this project but to not organize their response according to the minimum and comparative criteria will be considered Advantageous (3 points) ♦ Proposals that demonstrate an understanding of the role of the OPM in similar projects, but do not demonstrate an understanding of this project, and have multiple spelling and/or grammatical errors will be considered Least Advantageous (1 point) Town of North Andover RFQ Page 11 of 26 Owner's Project Manager Services — School Department Administration Building ♦ Proposals that simply reiterate the preliminary scope of services or do not demonstrate an understanding of the role of the OPM for this project, and have multiple spelling and/or grammatical errors will be considered as Does Not Meet (0 points and elimination from further consideration) 12. Initial Fee proposal An initial fee proposal may be submitted in a sealed separately marked envelope. Fee proposals will not be opened prior to the final technical service proposal rankings. The actual fee shall be subject to negotiation. The proposed fees should include all direct and indirect expenses as well as the costs of all sub -consultants and reimbursable expenses. Hourly rates for all proposed professional personnel assigned to the project should be indicated on the fee proposal. 13. Awarding of Contract The Town may schedule interviews with the three highest scoring firms or individuals. The Town will rank the finalists based on consideration of the minimum criteria/qualifications, the comparative evaluation criteria, and the interview (if applicable). The Town will begin discussion of final scope of services and fee negotiations with the top ranked firm or individual. If unsuccessful in the negotiations, the Town may attempt to negotiate with the next higher scoring respondent (and repeat that process) until successful. If negotiations with one or more of the finalists prove unsuccessful, the Town may reject all responses and may choose to re -advertise for architect/design services if deemed in the best interest to do so. The selected Owner's Project Manager will be required to execute the Town's Agreement for Design Services (see attached). It is the Town's intent to finalize and execute all contract documents with the selected firm by the end of September 2012. Town of North Andover RFQ Page 12 of 26 Owner's Project Manager Services — School Department Administration Building 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 contractor do hereby certify under the pains and penalties of perjury that said contractor has complied with all laws of the Commonwealth of Massachusetts, and the Town of North Andover, relating to taxes, permit or other fees, reporting of employees and contractors, and withholding and remitting child support. Signature Date Town of North Andover RFQ Page 13 of 26 Owner's Project Manager Services — School Department Administration Building 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 that I hereby certify that I am the clerk of the above named and 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) Town of North Andover RFQ Page 14 of 26 Owner's Project Manager Services — School Department Administration Building TOWN OF NORTH ANDOVER OWNER'S PROJECT MANAGER (OPM) AGREEMENT This Agreement made this day of September, 2012 by and between the Town of North Andover (hereinafter "Town"), and (hereinafter "OPM"). WITNESSETH: WHEREAS, the Town seeks to obtain owner's project management services for the construction of a new school department administration building (the "Project"); and WHEREAS, the OPM possesses the expertise, experience and capacity to perform these services; NOW THEREFORE, the parties mutually agree as follows: 1. Owner's Project Manager Services This Agreement between the Town and the OPM and the contract documents comprising same shall include: the Request for Qualifications; the OPM proposal as accepted by the Town; this Agreement; Attachments and Appendices; any amendments duly approved in writing by both parties; and all provisions of law required to be inserted in the Contract whether actually inserted or not. In the event of any conflict between the aforementioned documents (except provisions of law), this Agreement will govern. The OPM shall provide the services as described on the attached Scope of Services (Attachment A). 2. Fee The OPM shall be compensated by the Town for all services rendered under this Agreement the sum of ($ ) dollars, which includes all labor, overhead, profit, transportation, reasonable copying, printing, materials, postage, telephone, computer, office and personnel expenses and other expenses. 3. Method of Payment to the OPM For performance of all services required under this Agreement, the OPM shall be paid in accordance with the following instructions: Town of North Andover RFQ Page 15 of 26 Owner's Project Manager Services — School Department Administration Building (a) The OPM shall submit monthly payment invoices, in arrears, based upon the schedule described in Attachment B. Payments shall be made in accordance with the schedule described in Attachment B and payments of approved invoices shall be made within 60 days after receipt. (b) The OPM and the Town agree to meet regularly to review total project progress including, but not limited to, the payment schedule described in Attachment B; and further mutually agree to revise the payment schedule in Attachment B if the Town in its sole discretion determines that the payment schedule does not adequately compensate the OPM for the level of services actually rendered during a particular period. (c) All payments to be made to the OPM are conditioned upon the satisfactory performance by the OPM of its obligations hereunder. The Town reserves the right to retain an appropriate portion of any payment if it reasonably determines that the OPM has failed to acceptably fulfill its obligations under this Agreement. (d) The OPM is required to provide the Scope of Services as described in Attachment A. (e) All fees shall be stated in dollar amounts in this Contract and in any subsequent amendments thereto. Equitable adjustments to the fee may be made in the event of changes to the scope of services. (f) The OPM shall not be compensated for any services involved in preparing changes that are required for additional work that should have been anticipated by the OPM in the preparation of the bid documents as reasonably determined by the Town. 4. Information Furnished by the Town The Town shall, so far as the work under this Agreement may require, furnish the Project Manager with any relevant information it may have concerning this Agreement to the extent that any such information is reasonably required by the Project Manager to perform its services under this Agreement, and the Project Manager shall be entitled to rely upon the accuracy and completeness thereof. 5. Ownership of Documents Documents produced by the OPM and delivered to the Town pursuant to this Agreement shall become the property of the Town upon delivery. Town of North Andover RFQ Page 16 of 26 Owner's Project Manager Services — School Department Administration Building 6. Successors and Assigns The Town and the OPM, respectively, bind themselves, their officers, employees, successors, assigns and legal representatives to the other party to this Agreement and the officers, employees, successors, assigns and legal representatives of such other party with respect to all covenants of this Agreement. To the extent permitted by law, neither the Town nor the OPM shall assign this Agreement without the written consent of the other. 7. Consultants, Subcontracting, Successors & Assignments The OPM shall not employ consultants, sublet, assign or transfer any part of its services or obligations under this Agreement without the prior approval of, and written consent of, the Town. 8. Changes, Coordination, Design Requirements, and other Provisions Related to the Performance of the Work (a) Changes and Additions to the Scope of Work. The OPM, during any stage of the work, shall report immediately in writing to the Town any conditions that would make advisable a change in the scope, budget, method of investigation, or the OPM's scope of services. The Town reserves the right at any time to make changes or additions to the scope of work. The Town shall authorize such changes in writing. The OPM shall not perform any work beyond the scope of this Agreement, or subsequent amendment, without written approval of the Town. Whenever the OPM receives from the Town a request to perform services that the OPM considers to be a change or addition to the work that will cause an increase in the cost of the performance of such work, the OPM shall so notify the Town and will first obtain permission before so incurring the increase. Compensation for such additional services shall be on an hourly basis and include all employee benefits. All payments for such additional services shall be subject to a retainage at the same percentage as reflected in Attachment B to be held by the Town until the final completion of the Project. Town of North Andover RFQ Page 17 of 26 Owner's Project Manager Services — School Department Administration Building (b) General Requirements. The OPM acknowledges that it is familiar with and has a working knowledge of the Massachusetts provisions relating to competitive bidding and public construction projects, including, but not limited to MGL c7, §38A 1/2-380, MGL 649, §44A -44J and MGL c30 and all related laws and regulations. (c) Standard of Performance. The OPM shall exercise a high degree of care and diligence in the rendition of all services under this Agreement in accordance with the high professional standards prevailing in the Boston metropolitan area, and all of the OPM's services under this Agreement shall be performed as expeditiously as is consistent with said standards. The Town shall evaluate the OPM's performance in accordance with MGL c7 §38E(g). (d) Laws and Codes. The OPM shall perform the services under this Agreement in conformance with all applicable construction laws, including but not limited to MGL c7, MGL c149, and MGL c30, all applicable building and health codes and other applicable federal, state and local rules, regulations, and laws, specifically including without limitation, any requirements of the Massachusetts Department of Public Safety and any other entities, having jurisdiction with respect to the work, as the same now exist or may hereafter become effective through the completion of the work as those codes apply to the scope of services of the OPM. (e) Access to Facilities. The OPM, during the course of its services, shall coordinate its access and inspections of the site with the Town and all other affected parties. Interruptions or interference with the other parties' operations shall be allowed only with the approval of the Town. (f) OPM Representations. The OPM hereby represents and warrants to the Town the following: (1) The OPM is engaged in the practice of providing project management services for the construction and supervision of construction of buildings; (2) The OPM is registered by the Commonwealth of Massachusetts as an architect or professional engineer and who has at least 5 years experience in the construction and supervision of construction, or a person, if not registered as an architect or professional engineer, who has at least 7 years experience in the construction and supervision of construction of buildings; Town of North Andover RFQ Page 18 of 26 Owner's Project Manager Services — School Department Administration Building (3) The OPM is financially solvent, able to pay its debts as they mature and possessed of sufficient working capital to complete the services required and perform its obligations hereunder; (4) The OPM is able to furnish any of the materials, supplies, equipment and labor required to complete the services required hereunder and perform all of its obligations hereunder and has sufficient experience and competence to do so; (5) The OPM is authorized to do business in the Commonwealth of Massachusetts and properly licensed by all necessary governmental and public and quasi -public authorities having jurisdiction over it and the services required hereunder and the Project itself; (6) The OPM's execution of this Agreement and its performance thereof is within its authorized powers; and (7) The OPM's duly authorized representative has visited the Project, familiarized itself with the local conditions under which the services required hereunder are to be performed. The OPM agrees said representations and warranties in this subparagraph shall survive the execution and delivery of this Agreement. (g) Truth -in -Negotiations Certificate (MGL c7, §38H). The Project Manager hereby certifies that: (1) The wage rates and other costs used to support the OPM's compensation are accurate, complete, and current at the time of contracting; and (2) The original Agreement price and any additions to this Agreement may be adjusted within one year of completion of the Agreement to exclude any significant amounts if the Town determines that the fee was increased by such amounts due to inaccurate, incomplete or noncurrent wage rates or other costs. 9. Insurance The OPM shall provide and maintain at its own expense until the completion and acceptance of its services under this Agreement, the following Workmen's Compensation, Liability, Valuable Papers and Records Insurance. All such insurance, except Workmen's Compensation Insurance, shall name the Town as an additional insured. Town of North Andover RFQ Page 19 of 26 Owner's Project Manager Services — School Department Administration Building (a) Workmen's Compensation Insurance: Workmen's Compensation Insurance, including Employer's Liability Insurance in accordance with the laws of the Commonwealth of Massachusetts. (b) General Liability Insurance: General Liability Insurance, with an individual limit of at least $1,000,000 and a total limit for any one accident of at least $1,000,000, and Automobile Liability Insurance, with a limit for each accident of at least $250,000 and a total limit of liability for all accidents of at least $250,000. OPM shall also maintain an umbrella liability policy of at least $1,000,000. The OPM's General Liability Insurance shall have the Town as an additional insured. (c) Professional Liability Insurance: The OPM shall provide and maintain professional liability insurance covering errors, omissions, and acts of the project manager or of any person or business entity for whose performance the project manager is legally liable arising out of the performance of the Contract. The total amount of such insurance shall at a minimum equal the lesser of one million dollars or ten percent of the project's estimated cost of construction, or such larger amounts as the Town may require for the applicable period of limitations. The OPM shall obtain such insurance coverage at its own expense and shall provide certificates of insurance coverage to the Town prior to the award of the Contract. (d) Valuable Papers Insurance: The OPM shall maintain during the life of this Agreement a Valuable Papers Insurance policy in the minimum amount of the value of this Agreement for losses on premises at locations where the documents may be kept. The OPM's failure to provide and continue in force and effect any insurance required under this Agreement shall be deemed a material breach of this Agreement for which the Town, in its sole discretion, may terminate this Agreement immediately or on such other terms as it sees fit. All property damages insurance shall be endorsed with a waiver of subrogation by the insurer as to the Town. The OPM shall furnish certificates of insurance coverage of the types and amounts required above, to the Town, prior to the execution of this Agreement. Town of North Andover RFQ Page 20 of 26 Owner's Project Manager Services — School Department Administration Building 10. Termination of Contract (a) Suspension and Termination. Notwithstanding any other provision of this Agreement, the Town reserves the right at any time in its absolute discretion to suspend or terminate this Agreement in whole or in part forthwith by written notice to the OPM if for cause; and upon thirty (30) days written notice to the OPM if for the Town's convenience. If any portion of this Agreement so suspended is not re -commenced by written notice of the Town within the time period specified in the written notice of suspension, the suspended portion of this Agreement shall be thereupon deemed terminated as to that portion for the convenience of the Town in accordance with this provision. The Town shall incur no liability by reason of such termination except for the obligation to pay compensation for all services performed to the termination date. (b) Upon receipt of any such notice or suspension or termination, the OPM shall, within the time stated in the notice, discontinue all services affected (unless the notice directs otherwise), deliver to the Town all data, drawings, specifications, reports, estimates, summaries and such other information and materials as may have been accumulated by the OPM in performing this contract, whether completed or in progress. (c) Any termination or suspension of this Agreement shall not impair the right of the Town to recover damages occasioned by the fault of the OPM. Any suspension shall not limit the right of the Town to terminate. (d) If the OPM has performed as required by this Agreement, and if the Town has not met its payment obligations under this Agreement, then the OPM may terminate this Agreement fourteen (14) days after written notice has been received by the Town of such non-payment. 11. Records The OPM agrees that the Town and the Commonwealth of Massachusetts, or any of their duly authorized representatives shall have access to any books, documents, papers and records of the OPM which are pertinent to the project for the purposes of making audit, examinations, excerpts, and transcriptions. The OPM shall maintain books, records and other compilations of data pertaining to the performance of the provisions and requirements of this Agreement to the extent and in such detail as shall properly substantiate claims for payment under the Agreement. All such records shall be kept for a period of six (6) years or for such longer period as is specified herein. All retention periods Town of North Andover RFQ Page 21 of 26 Owner's Project Manager Services — School Department Administration Building start on the first day after termination of this Agreement. If any litigation, claim, negotiation, audit or other action involving the Agreement or the records has been started before the expiration of the applicable retention period, all records shall be retained until completion of the action and resolution of all issues which arise from it, or until the end of the applicable retention period, whichever is later. It is understood that authorized representatives of the Town may inspect or review the OPM's work in progress during normal working hours. 12. Liability of Town The limit of liability of the Town under this Agreement is limited to the compensation provided herein, and shall in no event include liability for incidental, special or consequential damages, lost profits or for damages or loss from causes beyond the Town's reasonable control. 13. Assistance in Claims and/or Liti ation The OPM shall provide up to and including in aggregate forty (40) hours of services to the Town in connection with any and all public hearings, arbitrations, proceedings or legal proceedings related to the scope of work for which the OPM is responsible. Any services beyond 40 hours related to any public hearing, arbitration proceedings or legal proceedings will be considered to be additional services at the rates listed in this contract unless the public hearing, arbitration proceeding or legal proceeding is directly related to the OPM's acts. 14. Independent Contractor The OPM is an independent contractor and not an employee of the Town. 15. Discrimination Prohibited In all hiring or employment made possible by or resulting from this Agreement, there will not be any discrimination against any employee or applicant for employment because of race, color, religion, sex, or national origin, and affirmative action will be taken to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, color, religion, sex, or national origin. Town of North Andover RFQ Page 22 of 26 Owner's Project Manager Services — School Department Administration Building No person in the United States shall, on the ground of race, color, religion, sex or national origin, be excluded from participation in, be denied the benefits of, or be subject to discrimination under any program or activity made possible by or resulting from this Agreement. The OPM will comply with all requirements imposed by or pursuant to Title VI of the Civil Rights Act of 1964. 16. Compliance with Laws In the performance of this Agreement, the OPM shall comply with all federal, state and local laws, rules, ordinances, by-laws and regulations, and shall provide all certifications required by MGL c7 §38A'/2-0, M.G.L. c. 149, or other applicable law. 17. Conflict of Interest The OPM warrants that it has complied with all provisions of law regarding the award of this Agreement and that it, or its employees, agents, officers, directors or trustees have not offered or attempted to offer anything of any value to any employee of the Town in connection with this Agreement. The OPM further warrants that no employee of the Town, including unpaid members of Town boards and commissions, serves as an officer, director, trustee or employee of OPM, and that no such employees of the Town have or will have a direct or indirect financial interest in this Agreement. Violation of this section shall be a material breach of this Agreement and shall be grounds for immediate termination of this Agreement by the Town without regard to any enforcement activities undertaken or completed by any enforcement agency. Termination of this Agreement pursuant to this section shall not waive any claims for damages the Town may have against the OPM resulting from the Project Manager's violation of the terms of this section. 18. Certifications Required by Law The Project Manager, by executing this document, certifies the following: (a) It 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 this Agreement for OPM services; (b) No consultant to or subcontractor for the OPM has given, offered or agreed to give any gift, contribution or offer of employment to the OPM, or to any other person, corporation, or entity Town of North Andover RFQ Page 23 of 26 Owner's Project Manager Services — School Department Administration Building as an inducement for, or in connection with, the award to the consultant or subcontractor of a contract by the OPM; (c) No person, corporation or other entity, other than a bona fide full time employee of the OPM, has been retained or hired by the OPM to solicit for or in any way assist the OPM in obtaining this Agreement upon an agreement or understanding that such person, corporation or other entity be paid a fee or other consideration contingent upon the award of this Agreement to the OPM; and (d) The OPM has internal accounting controls as required by MGL c30, §39R, and that the OPM has filed and will continue to file an audited financial statement as required by MGL c30 §39R and that the OPM will: (1) maintain accurate and detailed accounts for a six-year period after the final payment; (2) file with the Town regular statements of the OPM concerning internal auditing controls; (3) file with the Commissioner of Capital Planning and Operations an annual audited financial statement; and (4) submit a statement from an independent certified public accountant that such CPA (or public accountant) has examined OPM's internal auditing controls and expresses an opinion as to their consistency with OPM's statements in (2) above and whether such statements are reasonable with respect to transactions and assets that are substantial in relation to OPM's financial statements. (Chapter 7, §38H(e)). (e) The OPM, and any consultant to or subcontractor for the OPM, represents, warrants and certifies that it has complied with all laws of the Commonwealth of Massachusetts relating to taxes and all by-laws, rules and regulations of the Town relating to taxes, fees and charges, or is lawfully contesting the validity of the same. The OPM, and any consultant to or subcontractor for the OPM, further represents, warrants and certifies that it will remain in such compliance during the term of this Agreement, including any amendments or extensions hereto. (f Neither the OPM nor any consultant employed by the OPM has been debarred pursuant to Section 44C of MGL c149. Breach of any of these foregoing provisions shall be deemed a material breach that shall entitle the Town to immediately terminate this contract and take any other action authorized by law. Town of North Andover RFQ Page 24 of 26 Owner's Project Manager Services — School Department Administration Building 19. Applicable Law The law of the Commonwealth of Massachusetts shall govern the validity, interpretation, construction and performance of this Agreement. The obligations of the Town hereunder shall be subject to appropriation on a fiscal year basis. In the absence of appropriation, this Agreement shall be terminated immediately without liability of the Town for damages, lost profits, penalties or charges for early termination. 20. Rights Reserved The Town reserves the right to change policy expounded herein due to policy changes dictated by Federal, State or Municipal legislation, rules, regulations or agencies. 21. Political Activity Prohibited None of the services to be provided by the OPM shall be used for any partisan political activity, or to further the election or defeat of any candidate for public office. 22. Notices Any formal notices necessary under this contract shall be given by certified mail, return receipt requested, and addressed to the Office of the Town Manager, 120 Main Street, North Andover, MA 01845. 23. Severabilitv If any court or body of competent jurisdiction holds any provision of this Agreement invalid, the remainder of this Agreement shall remain in full force and effect. 24. Headings The section headings in this Agreement are for convenience and reference only and in no way define or limit the scope or content of this Agreement or in any way affect its provisions. 25. Amendments This Agreement may be amended or modified only by written instrument duly executed by the parties. Town of North Andover RFQ Page 25 of 26 Owner's Project Manager Services — School Department Administration Building 26. Entire Agreement This Agreement contains the entire understanding of the parties and supersedes all prior agreements, representations, proposals and undertakings of the parties. IN WITNESS WHEREOF, the parties hereto, intending to be legally bound, have caused this Agreement to be executed as a sealed instrument by their duly authorized representatives the day and year first above written. APPROVED AS TO FORM ONLY: TOWN OF NORTH ANDOVER Town Counsel I CERTIFY THAT FUNDS ARE AVAILABLE: Town Accountant Town Manager THE CONTRACTOR: Town of North Andover RFQ Page 26 of 26 Owner's Project Manager Services — School Department Administration Building d Building and Site Assessments NORTH ANDOVER Recon mita .aec. ",,:;i',ii:�c;; h✓i:,S±e.. 12 Overall, the building is worthy of consideration for reuse for municipal and other purposes because of its location near other town property, its ability to expand on site, and its open floor plan. Fire Station The North Andover Fire Station is located on a 1.04 -acre site at 124 Main Street. The build- ing, constructed in 1910, is 9,364 square feet and has two stories plus a basement. The first floor has three fire truck bays and a small office, and the second floor has a kitchen, lounge, offices and sleeping quarters. There are storage spaces, building services and an exercise room in the basement, which provides a connection to the Town Offices next door. The build- ing does not have an elevator. Instead, there are two stairways, one between each floor. The building has a wood frame, brick masonry walls and flat roofs; a new roof was recently installed. There are steel trusses that appear to span the east -west width of the building. An assessment of the building revealed the following issues and needs. • Not ADA compliant • Window replacement required • Floor repairs,required • Repointing required • Upgrade electrical systems required • Upgrade plumbing systems required • Upgrade to HVAC system required In addition to these needs, the basement slab should be repaired or replaced because it has a number of cracks and pits. The fire alarm system and life safety systems should be upgraded, and the stair railings need to be made ADA compliant. Overall, the building is determined to be worthy of consideration for reuse because of its lo- cation in the downtown, its inclusion in the Town Hall complex, and its historic context. How- ever, the building is also considered difficult to improve because of its age and condition. Public Works Facility The Public Works facility was built in 1978 at 384 Osgood Street and continues to be used as the maintenance, storage and administrative facility of the North Andover Public Works De- partment. In 1987, the DPW administrative offices were relocated from Town Hall to the site. Located on a 3.59 -acre site, the facility is a one-story, 27,700 -square foot building with a par- tial second floor and storage mezzanines. Maintenance vehicles and equipment are housed in facility, which also includes storage areas, break rooms and workshops. Offices are locat- ed on the Osgood Street end of the building. These offices are not handicapped accessible and do not appear to be well maintained. The facility has two interior stairs but no elevator. The Public Works building has a steel frame with metal panel exterior walls and a metal roof- ing system. There are 11 garage doors on the west side; the opposite side has no windows or doors. The building's age is starting to show, with some insulation falling away and settle- ment collecting in the interior masonry walls. Major issues and needed repairs include the following: An assessment of the Bradstreet School building revealed several major issues and needs, which are as follows: • Not ADA compliant • New HVAC required • New electric system required • New life safety systems required • Fire protection systems serviceable • Gas systems serviceable Other repairs to the building are also needed. For example, there are depressions and cracks in the basement slab, which should be repaired or replaced, and the exterior masonry and foundation walls are in need of repair. There is some cosmetic damage to the plaster walls inside, and the wood floors in the classrooms should be repaired or refinished. In addition, there are missing or damaged ceiling tiles that need to be replaced throughout the building, and the roof may be leaking. Overall, the building is worthy of consideration for reuse for municipal and other purposes because of its location in the downtown, its historic context and its size. Former Police Station The former police station is located on a 1.57 -acre site at 566 Main Street. It was constructed in 1968 as a police station and become vacant within the last year. The building is roughly 6,000 square feet, which includes a basement and ground -level floor. There are holding cells, locker rooms, offices and a garage in the basement and administrative offices and a dispatch station on the first floor. There is also an unoccupied attic space, which can be accessed by a ships ladder. The building does not have an elevator; there are stairs at the back of the building. The wood and concrete -framed building has concrete masonry walls and a sloped roof. The trusses span the north -south width of the building, and the interior walls on the first floor are non -loading -bearing. The following issues or needs were identified through an assessment of the building, • Not ADA compliant • Lift required • Roof replacement required • Repointing required • Electrical system serviceable • Gas system serviceable • HVAC upgrade required Other upgrades and repairs are needed if the building is to be reused.. Specifically, the fire alarm system needs to be upgraded as it is not ADA cbm'pliant"and an automatid sprinkler system will need to be installed if the building is substantially renovated. Currently, there are no sprinklers in the building. The carpet on both floors should be replaced, and the life safety system should be upgraded. NORTH ANDOVER necomrnC ....... F acl. le^ Ma.,;es Marl 11 Santilli, Ray From: REGS@sec. state. ma. us Sent: Tuesday, July 24, 2012 3:34 PM To: Santilli, Ray Subject: Publish Date Assigned for Designer Services A publish date of 8/1/12 has been assigned to your Designer Services submission with description of: New School Department Administration Building. Please note the Massachusetts Secretary of State's office has determined that most emails to and from municipal offices and officials are public records. For more information please refer to: http://www.sec.state.ma.us/pre/preidx.htm. Please consider the environment before printing this email. SPR CMR Designer Services Submit Confirmation State Publications and- Regulations William Francis Galvin, Secretary of the Commonwealth Page 1 of 2 The following Designer Service submission was successfully received. Planned date of publish is 8/1/2012 11 Awarding Agencv Name and Address: LProject Number: I Designer's Fee: Negotiated Estimated Construction Cost: $2,500,000 Time Period for Completed Address: ect: )e: pecific Services :(all hosen) 1845 Contact Information milli, Assistant Town I-9516 ►.� Contract Information or adm a Fax I date Deadline for Application 08/23/2012 Time 2:00 P.M. Form*: http://www.sec.state.ma.us/sprpublieforms/DSSubmitConfirmation.aspx?ID=12314 7/24/2012