RFQ 24-5000 OPM RECC CENTER Feb 8.pdf

TOWN OF WESTBOROUGH

Request for Qualifications for Project Management (OPM) Services

Regional Communications Center (RECC)

RFQ 24-5000

I. General

In accordance with Chapter 149, Section 44A½ of the Massachusetts General Laws it is the intention of the Town of Westborough to retain the services of an OPM (OPM) to oversee design and renovation of approximately square feet of a building intended to use as the Regional Emergency Communications Center. The OPM shall be the Westborough Fire Department’s principal agent in providing Project Management services during the entire project. The Town will engage an architect in a separate agreement to provide design services.

It is expected that the proposed services will be required starting in March 2024 and will extend into the following year, as needed. Any future design development, including assistance with contract documents, bid review/evaluation and construction Administration Services. The OPM’s services shall cover the design and construction phases of the project.

II. Scope of Work:

The Town of Westborough and Metrowest RECC is soliciting qualifications for an OPM (OPM) per M.G.L. c.149, Sec. 44a1/2, for the renovations and construction of a municipally owned property located at 20 Phillips Street,Westborough, MA for use as Regional Emergency Commiunications Center (RECC). The OPM will provide owners project management services related to construction, and design development through final design services which may include schematic design, surveys, soil testing, cost estimating, review of construction bid documents, construction administration and construction monitoring phase services, construction close out, commissioning, etc. The OPM will utilize technology consulting to include a technology integration plan, technology support systems, and attendance at a variety of meetings. Such Technology Consultant will be utilized during the testing and as-built process.

The scope of work for Owners Project Manage services could consist of all or part of the following:

1. Project Management (For All Phases):

a. The scope of services for the Owners OPM could include, but not be limited to, working closely with the Awarding Authority, Police and Fire Departments, and the Authority’s architect, consultants and contractor on project permitting, final design and construction. The OPM will represent the Authority’s interests in overseeing and coordinating with the architect’s work. Other services could include, but not be limited to, budgeting, assisting with the coordination and work of all other Authority consultants including technology, communications and furniture. Construction phase services will be all inclusive, including but not limited to observing and documenting progress, tracking changes, coordination, and oversite of construction meetings, and representing the best interests of the Authority throughout the completion of the construction project.

b. The OPM shall prepare a communication and document control procedure during the 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 (Owner, OPM, Designer, Contractor, Subcontractors, peer review consultants 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. The OPM shall include the Designer in its distribution of the Project Budget, Schedule, Monthly Reports and other reports as appropriate and as outlined in the Communications Plan.

c. The OPM shall prepare agendas for and attend meetings with other representatives of the Owner, as well as any neighborhood meetings relating to the Project. The OPM shall take minutes of all of the above referenced meetings and promptly distribute minutes of these meetings to the Owner.

d. The OPM 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 suppliers and make recommendations to the Owner relative to amounts due.

2. Project Control:

a. Project Budget. Over the course of the Project, the OPM shall work with the Owner to prepare a detailed baseline Project Budget in a form acceptable to the Owner. The OPM shall monitor contractor bids, and other cost information for this Project Budget and identify and report all variances to the Owner. The OPM shall maintain and update the baseline Project Budget throughout the term of this Agreement. The OPM shall report any variances to the baseline Project Budget as part of the Monthly Progress Report. The OPM shall prepare revisions to the baseline Project Budget, as needed, and submit them to the Owner for approval.

b. Cost Estimating. The OPM shall engage a professional cost estimator to perform construction cost estimates of the design at schematic, design development and construction documents stages as part of Basic Services. The OPM shall review the accuracy and completeness of cost estimates prepared by its subconsultant professional cost estimator.

The OPM shall consult with the Designer and recommend to the Owner appropriate revisions to the scope of work, when directed by the Owner based on the OPM’s cost estimates. The OPM shall provide cost-estimate services, as may be required, to develop cash flows as part of Basic Services.

c. Project Schedule. The OPM shall prepare a Project Schedule in a form acceptable to the Owner, which will be reviewed and agreed upon by the Owner. The OPM shall prepare revisions to the Project Schedule, as needed, and submit them to the Owner for approval. The OPM shall assess the actual progress of the Project relative to the baseline Project Schedule and report any variances from the baseline Project Schedule as part of the Monthly Progress Report.

d. Construction Schedule. The Contractor shall be responsible for preparing and updating its construction schedule on a monthly basis. The P r o j e c t 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 OPM shall notify the Owner of and include in its Monthly Progress Report any significant changes or delays to the construction schedule. The OPM shall make appropriate recommendations to the Owner relative to the actions that should be taken by the Contractor and/or advise the Owner when liquidated damages are anticipated to be incurred.

e. Monthly Progress Report. The OPM shall submit to the

Owner no later than the fifteenth day of each calendar month during construction a written Monthly Progress Report summarizing construction activity during the preceding calendar month. The Monthly Progress Report shall be submitted in a format acceptable to the Owner and shall describe work performed by all project participants (OPM, Designer, Contractor or subcontractors) 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 environmental compliance, community issues, Designer and Contractor MBE/WBE data, any issues that could result in additional time and/or additional costs and any anticipated problems/concerns together with recommended solutions.

f. Site Investigations and Environmental Testing. The OPM shall assist the Owner in determining the need for and the implementation of site evaluation and testing including, but not necessarily limited to, site surveys, 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 Owner or Designer.

g. Project Records and Reports (All Phases). The OPM shall maintain a complete Project file including, but not necessarily limited to, a copy of the executed agreements of the Owner- OPM, Owner- Architect/Engineer and the Owner-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 OPM will be responsible for preparing and filing State 911 Reports on the progress of renovations with the Executive office of Public Safety on a quarterly basis. The OPM will also submit the secondary “Development Grant” for the balance of the Project. The OPM shall assist the Owner in responding to any public records request received by the Owner.

3. Schematic Design Phase

a. Schematic Design. The OPM shall monitor the activities and responsibilities of the Designer during this phase and assist the Owner in the review of the proposed scope, schedule and budget, developed by the Designer, including the review of the Designer’s preliminary drawings. The OPM shall: (a) prepare construction cost estimates; and (b) work with the Owner and Designer to prepare the Project Schedule. OPM shall participate in the architect’s and Capital Project Department’s presentation of the project to any Authority permitting agency.

b. The OPM shall review the schematic design to recommend

Value Engineering Changes (VEC) to the Owner. A VEC 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.

c. The OPM shall lead design coordination meetings every two weeks or as needed, between the Designer and the Owner to provide for review and discussion of design/engineering related issues. The OPM shall provide technical assistance to the Owner. The OPM shall review input from peer review consultants hired by the Owner (if applicable) and make recommendations regarding potential incorporation into the design. The OPM shall take and distribute the minutes of these meetings to the Owner.

d. The OPM shall assist in the implementation of additional site evaluation and testing as required by the Designer, including, but not necessarily limited to, site surveys, 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.

e. The OPM 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 Owner when, in the opinion of the OPM, requirements of the Designer’s contract with the Owner are not being fulfilled.

f. The OPM shall meet with the Owner, Designer and other project participants as necessary.

4. Design Development. Upon receipt of Notice to Proceed with the Design Development Phase, the OPM shall perform the following Basic Services:

a. The OPM shall oversee the activities and responsibilities of the Designer in the development of the scope, schedule and budget including a general review of the Designer’s detailed scaled plans, elevations and sections of all aspects of the design. The OPM shall work with the Owner and Designer to update the Project Budget and Schedule.

b. The OPM 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, and make recommendations to the Owner when, in the opinion of the OPM, requirements of the Designer’s contract with the Owner are not being fulfilled.

The OPM shall review input from peer review consultants hired by the Owner and make recommendations regarding potential incorporation into the design. The OPM shall prepare construction cost estimates for comparison with the Project Budget.

c. The OPM shall promptly review all Designer submissions, document review comments in writing and shall meet with the Designer to discuss those submissions. Upon completion of its review, the OPM shall recommend that the Owner: (1) approve the submission as made; (2) approve that part of the submission that is acceptable and reject the remainder; (3) reject the submission; or (4) require the Designer to submit additional information or details in support of its submission.

5. Construction Documents: Upon receipt of Notice to

Proceed with the Construction Documents Phase, the OPM shall perform the following Basic Services:

a. Review the construction documents for quality, cost, and schedule improvements, conciseness and clarity.

b. Provide advice, consultation and guidance to the Owner relative to value engineering recommendations.

c. Work with the Owner and Designer to update the construction budget and schedule.

d. Prepare construction cost estimates.

e. Provide advice, consultation and guidance to the Owner and the Designer relative to general contractor and subcontractor prequalification requirements pursuant to M.G.L. c. 149 § 44D½ and § 44D¾ as applicable, including participation as a member of the Prequalification Committee.

f. Review the construction documents and provide review comments in writing. The review shall include constructability, operability and bid-ability as well as document clarity and coordination between drawings and to identify conflicts between drawings and specification. The constructability review will identify potential conflicts, make recommendations specific to any phasing issues, recommend appropriate milestones, constraints and liquidated damages and a review of the project specific requirements.

g. The OPM’s review of the construction documents shall also include, but not be limited to, any concerns of the OPM and/or the Owner relative to access, usable area, parking, utilities, anticipated noise and dust sources during construction that may impact building occupants and identification of potential locations for field offices, facilities, supplies and equipment.

h. Monitor the schedule of the Designer, provide review, and comment of Designer’s work product and make recommendations to the Owner when, in the opinion of the OPM, requirements of the Designer’s contract with the Owner are not being fulfilled.

6. Bidding Phase. The OPM shall perform the following Basic Services:

a. Administer general contractor and subcontractor prequalification requirements pursuant to M.G.L. c. 149 § 44D½ and § 44D¾ as applicable, including participation as a member of the Prequalification Committee.

b. Attend, and assist the Owner with, all pre-bid conferences, meetings, and evaluations, if directed by the Owner.

c. Review all sub-bids and general bids in conjunction with Designer’s determination of responsiveness, bidder eligibility, completeness, accuracy and price including investigation at DCAMM. Provide technical guidance to the Owner relative to its acceptance of bids and determination of bidder responsibility. Review alternates and make written recommendations as to their acceptance.

d. If the bid of the lowest eligible and responsible general bidder exceeds the construction budget, the OPM shall consult with the Designer and make recommendations to the Owner regarding 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 Authority.

e. The OPM shall make recommendations to the Owner relative to the award of a construction contract.

f. The OPM shall assist the Owner in the preparation and execution of the Notice of Award and 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.

g. The OPM shall assist the Owner and the Designer in preparing and sending the Notice to Proceed to the Contractor.

h. The OPM shall provide the Contractor, Designer and Owner with required copies of executed construction contract documents.

7. Construction Phase. Upon receipt of Notice to Proceed with the

Construction Phase, the OPM shall perform the Basic Services as described in this Section.

a. The OPM shall provide supervisory staff for each of the following activities, from Notice to Proceed of the construction contract to end of the one-year warranty period.

b. The OPM 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. OPM will be responsible for coordination of the weekly construction meeting and preparation of comprehensive weekly meeting minutes. OPM shall coordinate the services of independent peer reviewer/commissioning agent hired by the Owner.

c. The OPM shall provide an experienced full-time (40 hours per week minimum) on-site Project Representative, who shall be dedicated exclusively to the Project, either as an employee of the OPM or as a subconsultant to the OPM. The Owner reserves the right to engage its own Project Representative to work with the OPM.

d. The Project Representative shall be subject to the approval of the Owner and the Owner reserves the right to require the OPM to replace the Project Representative at any time during the Project.

e. The Project Representative shall have at least five years’ experience in on-site supervision of projects similar in scope, size and complexity to the Project.

f. Unless otherwise directed, the on-site 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 issuance to the Contractor of a Certificate of

Substantial Completion by the Owner and thereafter on an, as needed basis, until issuance to the Contractor of a Certificate of Final Completion by the Owner.

g. The OPM shall review the Contractor’s schedule of values to determine if it represents a reasonably balanced payment schedule for work to be performed with no items front-end loaded or artificially inflated. The schedule of values shall include line items for all deliverables, testing requirements and specified operations and maintenance materials. The OPM shall submit recommendations for the Contractor’s schedule of values to the Owner within forty-five days of the Notice to Proceed to the Contractor.

h. The OPM shall review the Contractor’s submitted baseline schedule. The OPM shall be responsible for monitoring the timeliness of these submittals and enforcing compliance with schedule submittal requirements of the construction documents. The OPM 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.

i. The Project Representative hired by the OPM, or the Owner shall provide daily observation and monitoring of construction activities such that all shifts and work activities are observed and documented. Responsibilities of the Project Representative shall include:

j. Keeping 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.

i. Preparing weekly progress reports for submittal to the

Designer and the Owner that summarize the progress achieved, provide a concise description of problems and include a copy of the daily log.

ii. Assisting 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.

iii. Monitoring daily Time and Materials work on all change orders including work installed, volume measurements, time sheets, crew sizes and mixes, and equipment utilized.

iv. Evaluating actual quantities and classification of Unit

Price work performed by Contractors.

v. Evaluating field problems, using the proper channels for solution and communication of the information to the Designer and the Owner.

vi. 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 Project Representative shall maintain a descriptive log and captioning of the photographs on CD or store on web-based system for document storage.

k. The OPM shall coordinate and track requests for clarification on drawings/specifications, design changes and proposed change orders.

l. The OPM shall prepare responses to Contractor correspondence for the Owner.

m. The OPM 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.

n. The OPM shall maintain at the Project site, on a current basis, 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.

o. The OPM shall review the Contractor’s submissions for

Massachusetts prevailing wage requirements pursuant to M.G.L.

c. l49 §§ 26 to 27H inclusive including assisting the Owner in cataloging and filing payroll affidavits.

p. The OPM 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 Owner when, in the opinion of the OPM, requirements of the Contractor in the Owner- Contractor Agreement are not being fulfilled.

q. The OPM shall monitor, review, and analyze proposed change orders, and claims recommending appropriate action and resolution to the Owner. The OPM shall review and coordinate its review with the Designer to recommend approval of the General Contractor’s monthly payment requisitions. The OPM 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.

r. The OPM 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 OPM shall coordinate the detailed punch list with the Designer, including a subsequent walkthrough with the Designer. The OPM and the Designer shall then coordinate a walk-through with the Owner to finalize the punch list.

8. Completion Phase. The OPM shall perform the following Basic Services:

a. The OPM shall monitor the activities and responsibilities of the Designer and the Contractor in the close-out and commissioning of the Project.

b. The OPM shall be 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.

c. The OPM shall assist the Owner in completing the written evaluation of the Designer(s) pursuant to M.G. L. c. 7C § 48 and prepare, sign and provide to the Owner for its signature the written evaluation of the Contractor(s) and Trade Subcontractors pursuant to M.G.L. c. 149 § 44D.

9. Warranty Phase: The OPM shall perform the following

Basic Services:

a. OPM shall coordinate an inspection by the Architect and commissioning agent two months prior to the end of the one-year warranty period and assist in resolving all warranty items identified.

b. OPM shall manage the warranty punch list work to be performed approximately two months prior to the end of warranty and assist Any other work requested of the OPM during the warranty phase will be paid for on an hourly basis as Extra Services.

10. Change Order and Claims Administration: Throughout the

Project, the OPM shall review and coordinate its review with the Designer and make specific document and processing recommendations to the Owner, consistent with the General Laws and the construction contract documents, which minimize change order and claims processing costs and time. Services provided by the OPM shall include:

a. Change Order Administration

i. Review all Contractor proposals for change orders and supporting schedules for time extension requests.

For change orders in excess of $100,000, prepare cost estimate analysis with associated schedule impact.

ii. Initiate, conduct, and document negotiations through a memorandum of negotiations with the Contractor.

iii. For all change order requests by the Contractor, make recommendations to the Owner for their acceptance or rejection.

iv. Prepare and finalize any documentation required for processing change orders including a summary of the OPM’s review of the reasonableness of the costs and documentation to support or reject the change.

v. 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.

b. Claims and Disputes Management.

i. Implement a claims management procedure consistent with the construction contract documents.

ii. Analyze Contractor claims and make recommendations to the Owner in support of the obligations under the claim’s provisions of the construction contract documents. Prepare responsive positions in coordination with the Owner and obtain appropriate input from the Designer and/or Contractor.

iii. 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 OPM shall report any such claims, disputes or other matters in question relating to the performance by the Contractor, Subcontractor, Designer or vendor to the Owner in writing.

Submission Requirements

A. Four copies of the Proposal shall be received at the following address by 4:00 PM Monday March 11, 2024.

OPM services for RECC

RFQ 24-5000

Westborough Fire Station 42 Milk Street, Westborough MA 01581 Attn: Chief Patrick Purcell

No submittals will be accepted after the time and date noted above.

A Pre-Bid Conference and site visit will be held on Friday February 16th at 10AM at the Fire Station at the above address.

Deadline for Questions and Answers is 5pm February 29, 2024. All questions must be emailed to Chief Patrick Purcell at ppurcell@westboroughma.gov. All questions will be posted on BidNet and distributed to all Plan holders registered on BidNet via Addenda.

The Committee reserves the right to accept any submittal in whole or in any part and to reject any or all submittals if it shall be deemed in the best interest of the Town.

B. Include in the submittal a timeline and statement of understanding of the work to be performed, and a description of the approach to be used by the Project Management Firm in satisfying the scope of work and achieving work completion on budget, on schedule and of the highest quality. The description shall address: specific issues associated with the completion of this project; and, the means and methods to be employed by the OPM in assuring on time and on budget delivery of the necessary services.

C. Names of all key staff, and sub-consultants’ key staff, to be working on this Project, with job descriptions, full resumes and estimates of their time devoted to this Project.

Include a listing of other projects the noted staff will be working on.

D. List of OPM’s projects performed in the last 5 years with size, scope, names and telephone numbers of individuals familiar with the work and the names and roles of key staff who worked on the projects. Include 3 references for similar work.

E. Cost estimating history for CM at Risk projects of similar size and scope with comparison to final, completed project and construction costs. Submit a sample cost mailto:ppurcell@westboroughma.gov estimate or an estimate of a previous project similar to this project (i.e. for a public RECC renovation or construction).

F. Scheduling history for projects of similar size and scope with comparison to final, completed project and construction schedules. Submit an outline schedule for the work required for this Project.

G. Provide systems descriptions and reporting samples of the Management Information

Systems to be used for the work.

H. Statement of any legal administrative proceedings, pending or concluded adversely, to the applicant within the past five (5) years which relate to the applicant’s performance of this type of work.

I. Evidence of financial stability.

IV Criteria for Selection

M.G.L. chapter 149, section 44A1/2 requires public awarding authorities to engage the services of an OPM (OPM) on all building projects estimated to cost $1.5 million or more.

A. Minimum Criteria

1. Respondents must be a registered architect or engineer with at least five (5) years’ experience in the construction and supervision of construction of buildings, or if not registered as an architect or professional engineer, at least seven (7) years’ experience in the construction and supervision of construction of buildings.

2. A thorough knowledge of the Massachusetts State Building Code, the regulations of the Massachusetts Architectural Access Board, and the Americans with Disabilities Act.

3. A thorough knowledge of all public bid laws, including without limitation M.G.L. Chapter 149, Section 44A1/2 and 149A CM at Risk bidding laws.

4. Prior experience administering design and construction on projects of similar size and scope.

5. Financial and operational ability to perform project management services on the project within all established budget limits and time schedules.

6. Proof of collaborative, team-based approach to work with previous clients.

B. Review and Evaluation of Submittals:

Submittals received in conformance with the Submittal Requirements will be reviewed and evaluated by the Committee. Each proposal meeting the minimum criteria will be evaluated and ranked. The Committee will interview the top three ranked proposals. The Committee will then attempt to negotiate a contract, including the fee, with the top-ranked finalist. If unsuccessful, the Committee will commence negotiations with the next ranked finalist and so on, until a contract is successfully negotiated, and approved by the Town Manager.

Each submittal will be evaluated based upon the proponent’s capability to provide superior services to the Project, including:

1. Prior successful experience within the public sector, especially in design and construction for a Building Renovation Project. Demonstrated ability to work with municipal committees.

2. Capability of OPM team to handle the size and scope of the work.

3. Experience of OPM team with similar size and scope projects under Chapter 149 Major Building renovation projects preferably in creating a Regional Communications Center.

4. Project approach that includes value engineering, management information, change order management, administration systems, and claims avoidance.

5. Project approach that will minimize project management costs while assuring high quality standards of performance in meeting the Town of Westborough’s goal of completion of a well-designed, well-constructed renovation project within budget and on time, and giving maximum value for the money.

6. Cost estimating and scheduling histories.

7. Evaluation of references from similar projects.

8. Relevant, successful experiences of the staff to be assigned to the work.

9. Presentations in person may be required.

V. Additional Services Required

A. Financial/Schedule Management

1. The Project/Construction Manager shall review Contractor payment requests, evaluate them and make recommendations for payment.

2. Maintain and staff an on-site field office during the Construction Phase.

3. The OPM shall review, assist and expedite resolution of all change orders.

Importantly, the OPM shall intervene during construction to resolve issues without change-orders.

4. Should issues be unresolved, the OPM shall assist in their resolution with the

Committee. They shall hear disputes shortly after they arise and decide on a resolution so that the Committee, Contractors and Designer can direct their primary energies to completing the work on time and within budget. In assisting the Committee, the OPM shall, in writing, summarize the positions of the parties in the dispute and shall offer recommendations for resolution to the Committee no less than one week prior to a scheduled Committee meeting.

B. Sub-contractor/vendor coordination

1. The OPM shall coordinate the Designer’s efforts to provide bid and procurement related services for hazardous materials abatement and disposal by properly licensed and qualified Contractors.

2. The OPM shall coordinate the Designer’s efforts to provide bid and procurement related services for the procurement, maintenance, and installation of equipment, materials, furniture, and supplies and furnishings.

3. Construction Phase Insurance: The OPM shall provide recommendations to the

Town about insurance coverage that will be needed during the construction phase.

4. Pre-Qualification of Contractors: The OPM shall assist with the pre-qualification of Contractors for bidding any part of the work, including its applicability and relevant pre-qualification criteria, if needed. This includes subcontractors and trades.

5. The OPM shall coordinate the Designer’s efforts to provide complete pre-bid services including bidders’ conferences, addenda and administering bidder questions.

6. The OPM shall be responsible for assisting with the selection and procurement of

FF&E, technology, wire and cable, multi-media, telephone system, etc. to ensure proper sequencing of work and contractor relationships.

C. Public Relations/Community

1. The OPM shall provide a key contact person to receive community feedback from town officials and the general public during construction and provide timely responses. A log of all communications shall be maintained, and the Committee shall be notified of the issues and the response.

2. The OPM shall provide a key contact person to be a liaison with other Town departments whose input is vital to the project. These departments include, but are not limited to, Police, Fire, Building, Planning, Information Technology, and Finance. A log of all communications shall be maintained, and the Committee shall be notified of the issues and the response.

D. Project Close-out

1. The OPM shall ensure all close-out items such as punch list items, spares and extra stock, warranty requirements and operations and maintenance manuals are completed, and relevant items turned over to the Town and all systems and equipment are functioning properly and in compliance with the Contract Documents. The OPM shall assist in the satisfactory commissioning and startup of all systems.

2. The OPM shall arrange for training sessions to be provided to the staff by

Contractors for all systems furnished during renovations.

VI. Fee for Services

The fee for the services requested will be negotiated following the selection of the OPM deemed best qualified to perform the services on behalf of the town. The fee will be negotiated as a lump sum including all direct expenses unless otherwise agreed, following agreement on a final scope of work. OPM should submit per hour rates for all the staff who may be assigned to this project.

VII. Insurance

The OPM shall obtain and maintain throughout the duration of the Project the following insurance limits and coverages:

Commercial General and Automobile Liability Insurance shall be written for not less than the limit of liability as follows:

$1,000,000 General Aggregate Limit $1,000,000 Personal Injury and Property Damage Limit

Business Automobile Liability: $500,000 Each Accident - Single Limit

Professional Liability: Minimum of $1,000,000

Workers' Compensation Insurance: The OPM shall, at its own expense, obtain and maintain Workers' Compensation Insurance as required by law.

VIII. General Conditions

The Town of Westborough, acting through the Selection Committee, reserves the right to reject any and all proposals, waive informalities, and to award contracts as may be in the best public interest of the Town.

A. All proposals become the property of the Town of Westborough.

B. The OPM selected shall comply with all applicable federal and state laws in the performance of services.

C. Award and final contracted Scope of Work is subject to appropriation and agreement to the services to be furnished, at the time of contracting. Certain enumerated services to be performed may be reserved for performance at a later date, subject to agreement as to final scope of work and price negotiation between the selected firm and the Town.

D. Proposals must be unconditional.

E. The successful applicant shall be provided with a list of personnel and consultant personnel that will be working on town property, so that all necessary security checks can be completed.

F. The Committee reserves the right to separate various project components into different phases and/or contracts as it deems necessary. In addition, the Committee will require input from the OPM regarding phasing and scheduling.

G. The Committee may issue several contracts and/or contract change orders to the OPM for the work in lieu of one contract for all work described in this request and any other work currently being contemplated by the Committee.

IX. Important Dates

RFQ Advertising Dates and Venues:

Commbuys: February 12, 2024 Worcester Telegram & Gazette: February 18,2024 Central Register: February 12, 2024 Bidnet:

Bid Release February 12, 2024

Deadline for questions February 29, 2024 Proposals due March 11, 2024 by 4pm

All questions should be emailed to Chief Patrick Purcell at ppurcell@westboroughma.gov. Questions and answers will be shared with all plan holders via addenda that will be emailed to bidders who have downloaded the Bid.

mailto:ppurcell@westboroughma.gov

Interviews/presentations anticipated in early/mid-March 2024.

Please complete Certification form on page 22 and submit with your Proposal.

CERTIFICATIONS REQUIRED BY LAW

FOR ALL PUBLIC CONTRACTS

You must COMPLETE and SIGN the following eertffleation1. You must also print, at the bottom of this page, the name of the contractor for whom these eertlfleadon1 are submitted.

TAX COMPLIANCE

Pursuant to Chapter 62C of the Massachusetts General Laws, Section 49A(b), I, the undersigned, authorized signatory for the below named contractor, do hereby certify under the pains and penalties of perjury that said contractor has complied with all laws of the Commonwealth of Massachusetts relating to taxes, reporting of employees and contractors, and withholding and remitting child support.

NON-COLLUSION

The undersigned certifies under the penalties of perjury that this bid is in all respects bona fide, fair and made without collusion or fraud with any other person. As used in this subsection the word "person" shall mean any natural person, joint venture, partnership, corporation or other business or legal entity.

PUBLIC CONTRACTOR DEBARMENT

The undersigned certifies under penalty of perjury that the below named contractor is not presently debarred from doing public construction work in the commonwealth under the provisions of section twenty-nine F of chapter twenty-nine, or any other applicable debarment provisions of any other chapter of the General Laws or any rule or regulation promulgated thereunder.

COMPLETE AND SIGN BELOW:

Authorized Person's Signature Date

Print Name & Title of Signatory Name of Contractor

SAMPLE AGREEMENT

CONTRACT FOR PROJECT MANAGEMENT SERVICES (OPM)

(Project Name)

The following provisions shall constitute an Agreement between the Awarding Authority of the________________, acting by and through its ___________________, hereinafter referred to as "Awarding Authority", with an address of ______________________________________, and ______________________, with a usual place of business located at __________________ _________________, hereinafter referred to as " Project Manager" or OPM, effective as of the _____ day of ____________, 20___. In consideration of the mutual covenants contained herein, the parties agree as follows:

ARTICLE 1: SCOPE OF WORK:

1.1. Generally.

1.1.1. The OPM will perform all project management services in connection with the management of design and construction of the Project as set forth in Attachment A. The scope of the Project Management Services described in this Agreement is, in the reasonable opinion of the OPM, expected to cover all necessary services of the OPM for the Project. Therefore, the OPM shall perform all necessary services related to the Project through completion and, absent a material change in scope, the OPM shall provide all necessary services at no additional cost to the Awarding Authority, unless such service is requested by the Awarding Authority in writing as an additional service or such service is specifically performed after the completion date of ________________, and such additional or post-completion service was not made necessary by an act or omission of the OPM as determined by a court of competent jurisdiction.

1.1.2. In providing the Project Management Services, the OPM shall endeavor to maintain an effective working relationship with the Designer (as hereinafter defined) general contractors and subcontractors (collectively, the "Contractors") and other consultants performing services on any aspect of the Project.

1.1.3. The OPM shall be the Awarding Authority’s advisor in providing the Project Management Services. The OPM and the Awarding Authority shall perform as stated in this Agreement and the OPM accepts the relationship of trust and confidence established between it and the Awarding Authority by this Agreement.

ARTICLE 2: AWARDING AUTHORITY RESPONSIBILITIES:

2.1. The persons from time to time designated by the Awarding Authority as the Awarding Authority's representative, shall be reasonably acquainted with the Project, shall have the authority to request services/information under this Agreement and shall render decisions reasonably promptly and furnish information reasonably expeditiously so as to avoid undue delay in the OPM's services on the Project. Unless otherwise provided by the Awarding Authority, the RECC Director is hereby designated as the Awarding Authority’s representative for this Project.

2.2. The Awarding Authority has retained a design firm (the "Designer") to design and to prepare design documents for this Project.

2.3. The Awarding Authority shall be responsible for the removal of any hazardous materials in connection with the Project; provided, however, that the OPM shall coordinate with the Awarding Authority's abatement consultant the oversight of such work until completion.

2.4. The Awarding Authority shall provide for the OPM's use at the Project site directly through the Contractors a trailer equipped for field office use, furniture, a fax machine, a copy machine, file cabinets, computers, phone service and other utility services and Internet access.

ARTICLE 3: TIME OF PERFORMANCE

3.1 The OPM shall perform all Project Management Services in a prompt and expeditious manner, consistent with, and to further, the interests of the Awarding Authority.

3.2 If the Project is delayed at any time in the commencement or progress of the Work by an act beyond the OPM’s control, including an act of the Awarding Authority, Architect or Contractors or their employees or by changes ordered in the Work, or by labor disputes, fire, unusual delay in deliveries, unavoidable casualties or by delay authorized by the Owner pending mediation and/or arbitration, then the Contract Time and the Contract Sum shall be equitably extended and adjusted by Change Order for such reasonable time and amount as the parties shall agree to.

ARTICLE 4: COMPENSATION:

4.1. In consideration of the performance of the Agreement, the Awarding Authority shall pay to the OPM a fixed fee of $____________, payable in equal monthly installments commencing on _________________ until __________________.

4.2. The fixed fee in Section 4.1 includes all reasonable reimbursable and out-of-pocket costs of the OPM with respect to the Project, all of which costs are included in the fixed fee and shall not be otherwise chargeable to or reimbursable by the Awarding Authority.

4.3. If additional services, not required under the Agreement, are requested in writing by the Awarding Authority, or if the OPM performs any services for the Project unless such services were made necessary by an act or omission of the OPM as determined by a court of competent jurisdiction, the Awarding Authority shall pay the OPM at the hourly rates set forth in Attachment A for hours worked. Such rates shall include all salary, benefits, overhead and profit and all expected reimbursable expenses; provided, however, such rates shall not include actual third-party out-of-pocket expenditures.

The Awarding Authority reserves the right to request that the OPM provide a lump sum fee for any additional services and if such lump sum fee is agreed upon by the parties, the agreed upon lump sum fee shall be the fee for that particular additional service.

4.4. The OPM shall provide the Awarding Authority with an estimate of expected costs for any requested additional services done by sub-contractors prior to undertaking such work.

4.5. Records of reimbursable expenses pertaining to additional services and other cost information with respect to additional services shall be available to the Awarding Authority or the Awarding Authority's authorized representatives at mutually convenient times.

4.6. The OPM shall submit monthly to the Awarding Authority a statement for its services rendered in the prior month in accordance with the compensation described in Article 4.

4.7. Payment by the Awarding Authority to the OPM of the approved statement amount shall be made within thirty (30) days after it is submitted.

4.8. Undisputed payments due but unpaid sixty (60) days after the invoice submittal date shall bear interest at the legal rate in Massachusetts.

ARTICLE 5: AGREEMENT DOCUMENTS:

5.1. The following documents form the Agreement, and all are as fully a part of the Agreement as if attached to this Agreement or repeated herein:

1. This Agreement

2. OPM negotiated lump sum fee proposal

3. Insurance certificate

4. Contractor certification form

5. OPM Submitted Proposal

In the event of conflicting provisions, those provisions most favorable to the Awarding Authority shall govern. In the event that the above documents prescribe for the same work different quantities or quality, the OPM shall provide the greater quantity or higher quality.

ARTICLE 6: AGREEMENT TERMINATION:

6.1. The Awarding Authority may suspend or terminate this Agreement by providing the OPM with ten (10) days written notice for any of the following reasons:

1. Failure of the OPM, for any reason, to fulfill in a timely and proper manner its obligations under this Agreement.

2. Violation of any of the material provisions of this Agreement by the OPM.

3. A determination by the Awarding Authority that the OPM has engaged in fraud, waste, mismanagement, misuse of funds, or criminal activity with any funds provided by this Agreement.

In addition, the Awarding Authority may terminate this agreement without cause upon thirty (30) days written notice to the OPM.

6.2. If the Awarding Authority fails to make payment to the OPM of sums due and owing as provided in Article 4, then after ten (10) days written notice to the Awarding Authority, provided the Awarding Authority has not cured such non-performance within such ten (10) day period, the OPM may terminate this Agreement.