27DPW101D Design Services for NHS HVAC Roof Upgrades RFQ.pdf

Town of Needham – Department of Public Works RFQ – Design Services for NHS RTU and Roof Replacement

Contract ID#27DPW010D

LEGAL NOTICE

The Town of Needham invites qualifications from Engineers /Architects /Designers to prepare a Feasibility Study and Design Services for NHS RTU and Roof Replacement. Design includes Schematic Design options, Design Development, and Construction Documents, Bidding and Construction Administration with cost estimates at each stage. The preliminary construction budget is to be determined (TBD).

The designer qualifications shall include a team of consultants led by the Mechanical Engineer, plus the following design disciplines: Architecture, Structural, Roofing, Electrical, Plumbing, Fire Protection, Acoustical Engineering, and Cost Estimating.

Copies of the Request for Qualifications will be available beginning August 27, 2026, at the DPW Admin Suite, 500 Dedham Avenue, Needham, Massachusetts 02492 or by emailing a request to DPW Bids, dpwbids@needhamma.gov, or from the Town’s web site www.needhamma.gov/bids.aspx and will be available until submission deadline.

Qualifications (1 original and 1 electronic copy) must be returned to the Town of Needham, DPW Admin Dept., c/o Director of Administration, 500 Dedham Avenue, Needham, Massachusetts 02492 by 11:00 AM, September 17, 2026. Qualifications must be placed in a sealed envelope marked:

Town of Needham – Design Services for NHS RTU and Roof Replacement Contract ID# 27DPW010D Qualifications for - “Insert the Name of Applicant” Rate sheets must be submitted in a separate sealed envelope

Fax transmissions will not be accepted.

Briefing Session will be held on September 3, 2026 at 11AM at Needham High School, 609 Webster Street, Needham, MA. Meet in the NHS main lobby to sign-in.

Selected interviews for a short list of candidates, if required, will be conducted by the Town of Needham Building Maintenance Department (BMD) and DPW Admin, and are tentatively scheduled to take place on October 1, 2026 (if required).

The Designer's fee for this project will be negotiated. This First Phase of work, which includes Schematic Design Options Study and cost estimates shall not exceed $150,000.00 for fees and expenses. The Selected Designer will be eligible for future detailed design work on the project. Design fees for later phases will be negotiated based upon the Design Option selected in Schematic Design.

The Town of Needham reserves the right to reject any or all qualifications and to accept any proposal that it considers to be in the best interests of the Town. This legal notice is also posted on the Massachusetts Newspaper Publishers Association’s (MNPA) website at http:// masspublicnotices.org.

ACKNOWLEDGEMENT OF RECEIPT

Release Date August 27, 2026 Qualifications Title Design Services for NHS RTU Roof Replacement ID Number 27DPW010D Qualifications Due September 17, 2026, 11:00 AM at the DPW Admin Suite, Public Services Administration Building, 500 Dedham Ave, Needham, MA 02492

Please provide the requested information below as acknowledgment that you have received our Request for Qualifications (“RFQ”) noted above. It is required that interested bidders complete this acknowledgment and return via email to the Town of Needham, dpwbids@needhamma.gov. Only by doing this, will the Town be able to provide notification of any addenda or answered questions relating to this RFQ. Only those companies or individuals shown on the Distribution Register will receive addenda to this RFQ. By completing and returning this acknowledgement will ensure you are recorded on the Distribution Register. Qualifications from companies or individuals not acknowledging the addenda may be rejected as not responsive.

Name of Company or Individual (Print)

Name / Title of Contact (Print)

Address (line 1) (Print)

Address (line 2)

Telephone Number Fax Number E-mail Address

Signature

Date Notes:

* Any hand delivery or facsimile received after the due date and time will not be addressed. Please allow enough time for hand delivery or facsimile transmissions.

** Designer acknowledges that documents related to this RFQ will be found at two different locations (1) Town of Needham bid page for RFQ documents & Addenda (if any); (2) Town of Needham web site (background reference material)

Town of Needham Procurement Schedule

Contract ID # 27DPW010D Primary Contact for this Procurement

Ashley Ellis Telephone 781-455-7550 Email: aellis@needhamma.gov

Event Date Details Project Name Design Services for NHS RTU and Roof

Replacement Contract ID Number 27DPW010D Request for Qualifications (RFQ) Available

Starting August 27, 2026

Office of DPW Administration, Public Services Administration Building, 500 Dedham Avenue, Needham, Massachusetts 02492 or on-line at the Town’s web site http://www.needhamma.gov/bids.asp

Pre-Proposal Site Visit & Meeting (Optional)

September 3, 2026 at 11am

Needham High School, 609 Webster Street Needham, MA.02494.

Deadline for Written Questions

September 11, 2026 By 12:00pm

Attn Ashley Ellis By Email: dpwbids@needhamma.gov Questions are to be clearly labeled as:

Design Services for NHS RTU and Roof Replacement

Addendums If any changes are made to this RFQ, an addendum will be issued. Addenda will be e-mailed to every individual on record as receiving the RFQ package AND A

COPY WILL BE POSTED ON THE

Town’s web site. As the RFQ package is being made available through the Town’s web site (www.needhamma.gov) it is necessary for the perspective Bidder to return the “ACKNOWLEDGEMENT OF

RECEIPT”

REQUEST FOR DESIGNER QUALIFICATIONS (RFQ)

Design Services for NHS HVAC Roof Upgrades Contract ID# 27DPW010D

Design Services Building Maintenance Department

Town of Needham, MA August 27, 2026

I. Introduction, Background, Objectives and Funding:

A. Introduction

The Town of Needham, through the Town Manager and the Building Maintenance Department, (“Owner”) is seeking the services of a qualified “Designer” within the meaning of M.G.L. Chapter 7C, Section 44, to provide designer services for the Rooftop Unit Replacement and Roof Replacement at the Needham High School.

The Owner will appoint a “Working Group” that will include members from the Building Maintenance Division (BMD) who will provide initial project coordination and response for the Owner. The Town of Needham will function as the Employee Owner's Project Manager for the Project. Selection of a Designer will be made by the Working Group.

B. Background

The Town of Needham is located approximately 12 miles west of Boston with a population of about 32,100 residents. The Town of Needham has five elementary schools, two middle schools and one high school. The elementary schools in Needham serve students in kindergarten through 5 th grade. The High Rock School (6th grade center) and the Pollard School (7th and 8th grade) serve the middle school population. Needham High School serves the 9th through 12th grade classes in the Town.

Needham High School at 609 Webster Street is approximately 310,000 sf, consisting of 4 levels and has 22 RTU’s of different sizes and manufacturers. The two RTU’s (17 and 18) and Roof, which will be replaced, sit above the High School Auditorium along Webster Street.

These two RTUs were installed in 2002 and are past the end of their useful life. They are becoming increasingly inefficient and ineffective at dehumidifying the interior and are costly to maintain. They do not feature industry standard energy recovery mechanisms that reduce energy costs. Additionally, the existing RTUs at these locations have compressors that run on an obsolete refrigerant called “R22” which is no longer produced in the U.S. and cannot be imported due to its environmental impact, resulting in costly supply challenges. The existing RTUs are tied into a hot water heating loop.

The roof section is approximately 5,000 sqft and was installed in 2002. The roof is a modified build-up roof with gravel ballast.

This design includes an engineering assessment of the current RTU’s and Roof conditions and the development of replacement options for both RTU’s and Roof, including an evaluation of improvement of the energy efficiency of these systems to comply with the current building and energy codes.

A minimum of two (2) Schematic Options must be developed by the designer to include:

1. Complete replacement of the 2 roof top units that include energy recovery units (ERU) to meet contemporary energy codes with electric resistive reheat.

2. Complete replacement of that existing roof section.

Each Option must analyze the impact on other building systems including any structural upgrades, ducting modifications, building management system (BMS) upgrades, roof curbs, roofing, code required building envelope energy efficiency upgrades & etc. Cost estimates are required for each stage of the design process. Phasing options must be analyzed to determine how to complete construction during summer break time period in 2028. Grant funding alternatives should be analyzed including Federal, State and/or utility incentives. Once a preferred option is selected at the conclusion of Phase I -Schematic Design, the preferred design will be advanced during Phase II through Design Development, Construction Documents and Bidding stages. Phase III: will include Construction Administration through acceptance and the two-year warranty review. Cost estimates will be used to determine the construction funding needed for the project including all hard and soft costs to develop future funding requests.

II. Scope, Schedule and Fees for Design Services:

A. Meetings and Communication

Based upon the agreed Work Plan, the designer shall attend work/review meetings as necessary with the Working Group to gather information and provide project updates and/or recommendations throughout the project. The Designer shall maintain a high level of communication with the Working Group during the entire project from contract award to close-out.

B. Design Scope

The design scope is broken into three phases:

Phase 1: Schematic Design & evaluation of the Options – selection of a preferred option.

Phase 2: Design Development, Construction Documents and Bidding stages with cost estimate updates at each stage.

Phase 3: Construction Administration through acceptance stage and one-year warranty review.

The designer selected for first phase of this work will be eligible to continue onto Phase II & Phase III work under a negotiated fee.

During Phase I: Schematic Design & evaluation of the Options the Design Team shall evaluate the following:

Phase I- Rooftop Unit and Roof Replacement Study

1. Review original construction documents

2. Interview facilities staff to understand the operational and maintenance issues associated with the existing equipment

3. Inspect the existing conditions at each rooftop unit to understand spatial constraints

4. With the assistance of the Towns controls vendor, review the existing controls strategies for the existing rooftop units. Discuss with the owner the transition to the new BMS system – StruxureWare- and how to best transition these new units to this new town-wide BMS system.

5. Perform a code-review to document the current specialized energy code requirements related to minimum ventilation requirements, rooftop equipment efficiency, and heat recovery. Assess how the new systems could provide increased capacity if added air flow is needed to serve the auditorium.

6. If air-to-air heat recovery is required per code, determine if a heating section is required and if so, whether it could be provided with an air-to-air heat pump or electric resistance heat (the goal being to eliminate the need to be tied into the existing hot water loop.)

7. Review equipment replacement options offered by a variety of manufacturers. Solicit performance data and equipment cost. Determine how well the various equipment options work with the existing conditions and space constraints.

8. Summarize the proposed enhancements to the “Sequence of Operations” for the building’s Energy Management System.

9. Develop a conceptual construction schedule and cost estimates starting with issuing engineering bid documents through start-up of the new equipment. This will help the Town understand the overall timeline for the work.

10. Study roof replacement options and provide recommendations including an assessment of longevity, constructability, and integration with the existing roofs.

11. Summarize your work in a report, including your findings and recommendations. Attach supporting schematic plans, specifications, engineering information, code review, equipment cut sheets and performance data, other building modifications (like dunnage, structural upgrades, ducting, etc.) necessary to complete the RTU and roof replacement, cost estimating, and construction timeline. The report shall also include a Life Cycle Cost Analysis (LCCA) supporting the selection of a preferred option.

Following the conclusion of Phase I: Schematic Design a preferred option will be selected by the Town and the consultant will be authorized to proceed with Phases II & III work under a negotiated fee pending future funding approvals.

D. Preliminary Project Schedule

The following schedule is not intended to provide a completion date for each deliverable but to illustrate the date by which each phase must be completed to maintain the overall project schedule. It is expected the selected Designer will include milestone dates for each deliverable in their Work Program that will be finalized with the selected Designer during Start-Up. The Goal of this project is to have the Study complete by (February 2027) with consensus by the Town defining a scope, schedule and budget for subsequent phases of the project.

Task Completion Date RFQ Available 8/27/2026 Pre-Proposal Meeting (optional) 9/3/2026 at 11am Written Questions Due 9/11/2026 at 12pm Designer Qualifications Due (deadline) 9/17/2026 at 11am Shortlisted Designers Notified 9/24/2026 Designer Interviews w/ Town (if required) 10/1/2026 (TBC) Authorization to proceed 10/7/2026 Study milestones - TBC Per Designer’s Work Plan

Facility Assessments October / November 2026 Working Group discussion of Options November / December 2026 Options Study and presentations to Town December 2026 Draft Report January 2027 Draft Report presentation to Town January 2027 Final Schematic Design Report February 2027

E. Pre-Proposal Meeting (optional)

A Pre-Proposal meeting will be held on September 3, 2026 at 11am at the Needham High School, 609 Webster Street, Needham, MA. The applicants must sign in at the meeting. Attendance at this Briefing Session meeting is strongly encouraged but not required for submission of qualifications.

F. Fee The Fee for Phase I Basic Services and Expenses will not exceed $150,000.

Prior to negotiating a contract with the top-ranked designer, the Working Group (Town) will advise the firm to be prepared to provide the following information:

Rationale for the development of fee proposal, Detailed Work Outline and Schedule, Hourly rates for the designer’s personnel and consultants, The markup, if any, that the designer will add to costs, including sub-consultant fees, or reimbursable expenses, resulting from a change in the scope of work.

III. Response to RFQ – Designer Qualifications

This RFQ will be appended to and become part of the Contract for Designer Services. Any Designer selected as a result of this RFQ will be required to execute the “Agreement between Owner and Designer” that can be found as online at www.needhamma.gov/bids.aspx. Designers submitting an application in response to this RFQ must specify any exceptions to the Contract at the time of application. The Owner may consider any such exceptions but shall not be bound by any such exceptions. A failure to specify exceptions will be deemed an acceptance of the Contract's terms and conditions.

The successful Respondent will be required to provide a certificate of professional liability insurance, at the time of contract execution, in accordance with Article 11 of the Agreement. The successful respondent shall identify reimbursable expenses which shall be included within the not to exceed fee.

A. Project Work Plan The estimated total duration of this Contract for Designer Services, up to the acceptance of a final report, is estimated to follow the schedule noted above. As a requirement of this RFQ, each respondent must include a project work plan. It is anticipated that a contract for services will be awarded on or before 02 October 2026. The designers Work Plan should reflect the Preliminary project Schedule noted in paragraph II.B above.

The Designer’s Work Plan submitted with his/her proposal will be considered an estimate. After award of a contract the Owner and Designer will review the work plan originally submitted, accept as submitted or modify to meet the submission dates noted above. The Designer’s adherence to the accepted Work Plan times will be part of the Owner’s performance evaluation of the Designer’s work, which will be conducted at the end of the Project.

B. Design Team Composition In evaluating qualifications, the Owner will consider the members of the proposed design team.

Identify those member(s) of the proposed design team who will be responsible for the following categories of work: Firm’s name, individual’s name and Massachusetts professional registration or license number, as applicable, must be listed in the application for each category of work.

1. Mechanical Engineer

2. Architect

3. Electrical, Plumbing & Fire Protection Engineers

4. Structural and Civil Engineers*

5. Acoustical Engineer*

6. Cost Consultant

7. Energy Analysis Consultant

8. Code Consultant*

Applicants must address each category of work listed above in their application whether it is to be performed by in-house staff or by a sub-consultant(s). Some of these categories of Design expertise (noted with an asterisk*) may have minimal involvement in the Schematic Design Phase of the work but have more detailed involvement in later phases with future work and therefore should be identified at this time.

Failure to address each category may result in the elimination of the applicant from consideration on this project. Applicants should not list any consultants other than those for the categories of work listed above.

C. MBE / WBE Participation Goals Pursuant to M.G.L. c. 7, §61, the Supplier Diversity Office (“SDO”) and the Division of Capital Asset Management and Maintenance (“DCAMM”) through its Affirmative Marketing Program (AFM) have set revised participation goals for Minority Business Enterprise (“MBE”) and Women Business Enterprise (“WBE”) participation for affected state funded building projects and state assisted municipal building projects as defined in the above referenced laws and related Executive Orders, including Executive Orders 524 and 526.

Effective July 1, 2020, and until such time as the goals may be revised, the MBE and WBE participation goals for building construction and design awards and expenditures on new projects advertised on or after the effective date will be as follows:

Construction Contract Award participation goals of MBE 4.2% & WBE 8.8% ; and, Design Contract Awards participation goals of MBE 6.6% & WBE 15%

Overall annual designations by awarding authorities, as well as MBE/WBE participation on individual projects with a combined MBE/WBE participation goal, must include a reasonable representation of both MBE and WBE firms that meets or exceeds the combined goal. Proposed MBE/WBE participation plans that include solely MBE or solely WBE participation or do not include a reasonable amount of participation by both MBE and WBE firms to meet the combined goal will not be considered responsive. Where the prime contractor or designer is an SDO certified MBE or WBE, the prime must bring a reasonable amount of participation by a firm or firms that hold the certification which is not held by the prime contractor or designer on the project. Proposed participation on construction projects or design projects which consists solely of either an MBE or WBE representing 100% of the overall combined goal will not be considered reasonable participation.

The Awarding Authority will determine whether there is reasonable participation by both MBE and WBE firms on individual projects under their respective oversight. Firms submitting MBE/WBE participation plans which do not provide reasonable participation by both MBE/WBE firms shall be provided an opportunity to revise and resubmit their plans within the time frame set by the awarding authority; however, no price adjustments shall be permitted as a result of the revised plan. Firms failing to submit an MBE/WBE participation plan deemed reasonable and accepted by the awarding authority shall not be awarded the contract.

Participation by MBE and WBE firms must be documented, tracked and reported on separately as MBE participation and WBE participation by prime vendors, subcontractors and awarding authorities.

Participation by MBE and WBE firms will continue to be tracked, reported and monitored separately to ensure that both MBE and WBE firms are participating on these projects. Not every project will have the full MBE/WBE goals set forth above as certain projects due to their size, scope or geographic location may have reduced goals, or in some cases no goals, as determined by the public awarding authority.

D. Proposal Requirements

Persons or firms interested in applying must meet the following requirements:

1. Applications - one (1) original and one (1) electronic copy (USB) - must be received on or before September 17, 2026 at 11:00am. The applications must include the following:

a. Cover letter – 2 page maximum,

b. Completed DCAMM Designer Application Form. Applications are limited to the application plus a maximum of 3 supplementary pages, double sided, not including the required documents listed below. Information in excess of three pages may be the basis of rejection. The Applications shall be on “Standard Designer Application Form for Municipalities and Public Agencies not within DSB Jurisdiction” (updated July 2016 - or most current version) as developed by the Designer Selection Board of the Commonwealth of Massachusetts. The form can be found at the Massachusetts DCAMM web site.

c. Evidence of professional liability insurance,

d. Preliminary Work Plan identifying design tasks and responsible sub-consultants and incorporating the specified schedule into a project calendar (Maximum of two double sided pages),

e. Attachment A- Certificate of Non-collusion; Attachment B: Certifications; Attachment C:

Certificate of Authority (if applicable); and Attachment E: Certificate of Compliance with Massachusetts Tax Laws,

f. SDO - MBE or WBE certificates (as applicable to project team members).

If you choose to submit a rate sheet this should be in a separate SEALED envelope, if not submitted the Town will request one upon award which is required for contracting.

Proposal packages should be provided in simple spiral binders or binder clipped.

2. Qualifications shall be addressed to the attention of:

c/o Ashley Ellis DPW Admin Dept.

Town of Needham 500 Dedham Ave Needham, MA 02492 Tel: (781) 455-7550 Email: dpwbids@needhamma.gov

3. Qualifications must be clearly identified by marking the package or envelope with the following:

Town of Needham – Design Services for NHS HVAC Roof Upgrades Contract ID# 27DPW010D Qualifications for - “Insert the Name of Applicant”

4. All questions regarding this RFQ should be addressed exclusively in writing to:

Ashley Ellis DPW Admin Dept.

Town of Needham 500 Dedham Ave Needham, MA 02492 Email: dpwbids@needhamma.gov

The deadline for questions is 12:00 PM, September 11, 2026

VI. Selection The Owner, through its Building Maintenance Department will consider the following criteria in evaluating Qualifications:

1. Demonstrated recent experience and expertise with similar RTU/Roof Replacement Studies and full design services for this building type with specific emphasis, on energy efficiency, renovations/ additions to school buildings performed within the past ten years.

2. Past performance of the firm, with regard to public, or private, mechanical and energy efficiency upgrades and similar public buildings projects across the Commonwealth, with respect to:

a. Quality of project design

b. Quality, clarity, completeness and accuracy of plans and reports

c. Ability to meet established program requirements within allotted budget

d. Coordination and management of consultants

e. Working relationship with local awarding authority, staff and local officials

3. Identification and quality of work of the firm, if any, with regard to prior design services provided to the Town of Needham or other municipalities, and state agencies;

4. Current workload and ability to undertake the contract based on the number and scope of projects for which the firm is currently under contract. Capacity of the firm to meet the time commitments required by the project.

5. The financial stability of the firm;

6. The identity and qualifications of the consulting firms who will work on the project. The qualifications of the key personnel and consultants to be assigned to the project;

7. Geographical proximity of the firm to the project site or willingness of the firm to make site visits and attend local meetings as required by the client;

8. References from recent clients for similar projects;

9. Team’s ability to meet the SDO goals for MBE & WBE participation;

10. Any other criteria the selection committee considers relevant to the project.

VII. Other

Rule for Award The Town reserves a period up to thirty (30) calendar days following the opening of the qualifications in which to evaluate and award the contract.

The Town herein declares its express purpose not to award the contract to any Designer unable to furnish evidence, satisfactory to the Town, that is has sufficient ability, experience, and capital to execute and complete the work in accordance with the contract. The Designer must possess and identify the physical resources, equipment, and personnel necessary to carry out the work in accordance with the specified requirements If requested, any Designer MAY be required to demonstrate financial stability satisfactory to the Town.

The Director of Building Maintenance and Town Manager are the awarding authority for the contract.

Further, the contract will not be binding until it has been approved by Town Counsel. Award, payment, and performance obligations shall depend on the availability and appropriation of funds.

The Town reserves the right to reject all qualifications as determined to be in the best interests of the Town and to waive minor informalities.

The Award of this Phase I – Schematic Design Study will not preclude the selected designer from future Detailed Design work associated with this project.

Federal and State Taxes The Town is exempt from federal and state sales taxes and or use taxes. Taxes are not to be included in the Proposal price to be negotiated with the winning Designer.

Information about changes to the RFQ (Addenda) In the event that changes/additions are made to this RFQ, an addendum will be issued.

Addenda will be emailed to every potential responder on record as receiving the RFQ package. It is necessary for the perspective Designer to submit the “ACKNOWLEDGEMENT OF RECEIPT” so that Addenda can be forwarded to interested firms.

Examination of documents and questions The Designer shall be satisfied as to the requirements of the contemplated services to enable intelligent preparation of this Proposal. The Designer shall be familiar with all RFQ documents before submitting the Proposal in order that no misunderstanding shall exist in regard to the nature and character of the contemplated services to be performed. No allowance will be made for any claim that the Proposal is based on incomplete information.

Inquiries concerning any part of this RFQ shall be directed to the individual(s) listed under the Procurement Schedule at dpwbids@needhamma.gov. Designers should note that oral communications are not binding on the Town. All requests/questions must be submitted in writing. Questions must be sent in writing and may be delivered by hand or email as referenced under the Procurement Schedule by the deadline. The Town will respond to written questions that are received by the deadline and will forward responses to all persons who are on record as receiving the Proposal package. Questions received after the due date will not be responded to unless the Town determines it is necessary.

Designers, please allow enough time for hand delivery or facsimile transmissions.

Proposal modifications or withdrawals Qualifications may be corrected, modified, or withdrawn prior to the submission deadline; requests to do so must be received in writing to the Town Manager. After the submission deadline, qualifications may not be changed. Minor mistakes may be waived by the Town.

Premature opening of a Proposal The Town will not be responsible for the premature opening of any qualifications not properly identified. The Town may reject qualifications which are incomplete, not properly endorsed, or signed, or which otherwise are contrary to these instructions.

Unexpected closure of delays If, at the time of the scheduled proposal submission deadline, the building is closed due to uncontrolled events such as fire, snow, ice, wind, building evacuation, or other, the deadline will be postponed until 2:00 P.M. on the next normal business day. Qualifications will be accepted until that date and time.

Late submissions The Town assumes no responsibility for late submissions due to mail, courier, or delivery problems.

LATE QUALIFICATIONS WILL NOT BE CONSIDERED.

Rejection of Proposal The Qualifications must satisfy all the requirements of the RFQ, to be considered for award. Failure to complete the required forms, answer any questions, or provide the required documentation will be deemed NON-RESPONSIVE and result in rejection of the qualifications unless the Town determines that such failure constitutes a minor informality that can be corrected without prejudice to other Designers. A proposal may be rejected if the Designer:

Fails to adhere to one or more of the provisions established in the RFQ;

Fails to submit its proposal by the time or in the format specified herein or to supply the minimum information requested herein;

Fails to submit its proposal to the required address on or before the specified submission deadline;

Misrepresents its service or provides demonstrably false information in its proposal Fails to provide material information.

OR

Qualifications that are incomplete, not properly endorsed, or signed.

The Town reserves the right to reject any and all qualifications as determined to be in the best interests of the Town and to waive minor informalities.

General and special provisions The consideration of all bids and subsequent selection of the successful applicant shall be made without regard to race, color, sex, age, handicap, religion, political affiliation, or national origin.

The Designer shall adhere to the provisions of the Fair Employment Practices Law of the Commonwealth (Massachusetts General Laws, Chapter 151B)

The provisions relating to non-discrimination and affirmative action in employment shall flow through all contracts and subcontracts that the successful Designer may receive or award as a result of this contract.

Services provided by the Designer shall be rendered through a professional services contract; the Designer will not be considered an employee of the Town and will not receive any benefits of an employee.

The Designer shall comply with Massachusetts General Laws, Chapter 66A if the Designer becomes a “holder” of “personal data”. The Designer shall also protect the physical security and restrict any access to personal or other Town data in the Designers’ possession or used by the Designer in the performance of the Contract, which shall include, but is not limited to the Town’s public records, documents, files, software, equipment or systems.

Ownership of Documents: All qualifications, materials, drawings, plans, etc. shall become the property of the Town and may not be disposed of without notification and shall be considered public information.

The Designer selected shall be expected to comply with all applicable federal and state laws in the performance of services.

By execution of a contract with the Town of Needham, the Designer acknowledges that the Town of Needham is a municipality for the purposes of Massachusetts General Laws, Chapter 268A (the Massachusetts conflict of interest statue), and agrees, as circumstances require, to take actions and to forbear from taking actions so as to be in compliance at all times with the obligations of the contractor based on said statute.

Contract terms and conditions The contract is anticipated to be executed by the date indicated under Procurement Schedule for this Proposal. The Town reserves the right to change, delay, cancel, or expedite the contract execution date. The selected Designer is required to furnish all bonds and certificate of insurances required under the contract, in a form acceptable to the Town prior to the execution date.

The Town’s Standard Contract is incorporated herein as Attachment A. Bidders are expected to review the sample contract. Unless otherwise noted by the Town in this RFQ, the terms and conditions contained therein are NOT negotiable.

VIII. Attachments Attachment A: Certificate of Non-Collusion Attachment B: Certifications Attachment C: Certificate of Authority Attachment D: Certificate of Compliance with Massachusetts Tax Laws

ATTACHMENT A

CERTIFICATE OF NON-COLLUSION

1. The undersigned hereby certifies that s/he will comply with all laws and regulations applicable to awards made subject to Massachusetts General Laws Chapter 7C.

1. The undersigned certifies under penalties of perjury that this 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 any natural person, business, partnership, corporation, union, committee, club, or other organization, entity, or group of individuals.

Signature of individual submitting Proposal

Name of Business (please type or print)

This form is required with RFQ proposal submission.

ATTACHMENT B

CERTIFICATIONS

In accordance with M.G.L. c. 7C § 51, the undersigned states that the wage rates and other costs used to support the designer's compensation are accurate, complete, and current at the time of contracting;

and agrees that the original contract price and any additions to the contract may be adjusted within one year of completion of the contract to exclude any significant amount if the fee was increased by such amounts due to inaccurate, incomplete or noncurrent wage rates or other costs.

In accordance with M.G.L. c. 7C § 51, the undersigned certifies under penalties of perjury that the designer or construction 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 the contract for design services.

The undersigned certifies under penalties of perjury that no consultant to, or subcontractor for, the designer or construction manager has given, offered, or agreed to give any gift, contribution, or offer of employment to the designer or construction manager, or to any other person, corporation, or entity as an inducement for, or in connection with, the award to the consultant or subcontractor of a contract by the designer or construction manager.

The undersigned certifies under penalties of perjury that no person, corporation, or other entity, other than a bona fide full-time employee of the designer or construction manager, has been retained or hired by the designer or construction manager to solicit for or in any way assist the designer or construction manager in obtaining the contract for design services upon an agreement or understanding that such person, corporation, or other entity be paid a fee or other consideration contingent upon the award of the contract to the designer; and

Signature of individual submitting Proposal

Name of Business (please type or print)

This form is required with RFQ proposal submission.

ATTACHMENT C

CERTIFICATE OF AUTHORITY

1. I hereby certify that I am the Clerk/Secretary of _____________________________

(Insert full name of Corporation)

2. corporation, and that __________________________________________________ (Insert the name of officer who signed the contract and bonds)

3. is the duly elected ____________________________________________________

(Insert the title of the officer in line 2)

4. of said corporation, and that on __________________________________________ (The date must be ON OR BEFORE the date the officer signed the contract and bonds.)

at a duly authorized meeting of the Board of Directors of said corporation, at which all the directors were present or waived notice, it was voted that

5. _____________________________________ the______________________________ (Insert name from line 2) (Insert title from line 3) of this corporation be and hereby is authorized to execute contracts and bonds in the name and on behalf of said corporation, and affix its Corporate Seal thereto, and such execution of any contract of obligation in this corporation’s name and on its behalf, with or without the Corporate Seal, shall be valid and binding upon this corporation; and that the above vote has not been amended or rescinded and remains in full force and effect as of the date set forth below.

6. ATTEST: _______________________________________ AFFIX CORPORATE

(Signature of Clerk or Secretary)* SEAL HERE

7. Name: _________________________________________

(Please print or type name in line 6)*

8. Date: __________________________________________ (Insert a date that is ON OR AFTER the date the officer signed the contract and bonds.)

* The name and signature inserted in lines 6 & 7 must be that of the Clerk or Secretary of the corporation.

This form is required with RFQ Proposal submission if the Proposal is signed by a person other than the owner or president of the company.

ATTACHMENT D

CERTIFICATE OF COMPLIANCE WITH MASSACHUSETTS TAX LAWS

Pursuant to Massachusetts General Laws Chapter 62C, Section 49A, the undersigned acting on behalf of the Bidder*, certify under the penalties of perjury that to my best knowledge and belief, the Bidder* is in compliance with all laws of the Commonwealth relating to taxes, reporting of employees and Bidders, and withholding and remitting child support.

Individual

Signature Date

Name (please type or print)

Social Security Number

Corporate

Corporate Name (please type or print)

Signature of Corporate Officer Date

Name of Corporate Officer (please type or print)

Title (please type or print)

Taxpayer Identification Number

*As used in this certification, the word "Bidder" shall mean any natural person, business, partnership, corporation, union, committee, club, or other organization, entity, or group of individuals

This form is required with RFQ Proposal submission.