Brownfield Grant On-Call Owner’s Project Manager (OPM) Services

REQUEST FOR SERVICES CITY OF NEW BEDFORD, MASSACHUSETTS Brownfield Grant On-Call Owner’s Project Manager (OPM) Services RFS #22171053 Proposals Due: Friday, November 19, 2021 at 2 p.m. Jonathan F. Mitchell Environmental Stewardship Mayor 133 William Street New Bedford, MA 02740 CITY OF NEW BEDFORD MASSACHUSETTS REQUEST FOR SERVICES #22171027 Brownfield Grant On-Call Owner’s Project Manager (OPM) Services The City of New Bedford is seeking services of an Owner’s Project Manager as defined in Massachusetts General Laws Chapter 149, Section 44A ½ and as further defined by the provision of this RFS to provide “On-Call” Project Management Services for several brownfield site remediation projects funded by subgrants and loans issued by New Bedford’s Brownfields Revolving Loan Fund Program in New Bedford, Massachusetts. Services will be effective for one (1) year upon contract execution with two (2), one (1) year options to renew. Statement of Qualifications (SOQs) will be received by the

Purchasing Department until Friday, November 19, 2021 at 2:00 p.m. EST. All proposals must be submitted via mail or in-person delivery to the Purchasing Department, 133 William Street, Room 208, New Bedford, MA 02740 during business hours (8:00 a.m. – 4 p.m.) until the above time and date. It is strongly recommend to submit proposals via mail delivery service. Proposers must email purchasing@newbedford-ma.gov to confirm they have submitted a proposal. As this is an RFS, Statement of Qualifications will not be opened publicly. Proposals received after the above time and date will be rejected and returned unopened. Emailed and/or faxed proposals will not be accepted. The selected consultant(s) shall have demonstrated previous experience in providing specified services to Massachusetts municipal governments. Project documents may be obtained beginning on Thursday, October 28, 2021 by visiting the City of New Bedford webpage at newbedford-ma.gov/Purchasing or by emailing purchasing@newbedford-ma.gov. The City of New Bedford reserves the right to waive any informality, error, or omission in, or to reject, any or all proposals, if it deems such waiver or rejection to be in the best interest of the Owner. SUBMISSION GUIDELINES: One (1) original of each SOQ, plus one (1) electronic version (CD, USB, etc.) in PDF format must be submitted in accordance with the requirements stated in this RFS. SOQs responses must be submitted in a sealed envelope clearly marked “RFS 22171053 Brownfield Grant Owner’s Project Management Services” with the name, address, and telephone number of the Respondent also clearly marked. The Owner will negotiate the fee for services dependent upon an evaluation of the level of effort required, job complexity, specialized knowledge required, estimated construction cost, comparison with past project fees and other considerations. As construction cost is but one of several factors, a final construction figure in excess of the initial construction estimate will not, in and of itself, constitute a justification for an increased Owner’s Project Manager fee. INQUIRIES: Questions regarding this RFS are to be emailed to purchasing@newbedford-ma.gov no later than Wednesday, November 10, 2021 at 4:00 p.m. Responses to all questions will be in the form of an addendum to the RFS and emailed to all Respondents having given Notice of obtaining the RFS to the City mailto:purchasing@newbedford-ma.gov mailto:purchasing@newbedford-ma.gov mailto:purchasing@newbedford-ma.gov of New Bedford Purchasing Department as well as posted publicly on the Purchasing page of the City’s website. AWARD DATE: Contract will be awarded within 90 days of submission deadline, or a later date as determined at the sole discretion of the City. Awarding Authority City of New Bedford Molly Gilfeather, Director of Purchasing END OF SECTION REQUEST FOR SERVICES OWNER’S PROJECT MANAGER (“OPM”) I. INTRODUCTION The City of New Bedford (“Owner”) is seeking the services of a qualified Owner’s Project Manager (“OPM”) as defined in Massachusetts General Laws Chapter 149, Section 44A½ and as further defined by the provisions of this RFS, to provide On-Call Project Management Services for the City of New Bedford Department of Environmental Stewardship. II. PROJECT DESCRIPTION AND SCOPE OF SERVICES Project Description The purpose of this initiative is to solicit SOQs for a long-term working relationship with up to three firms for up to a three-year period, for various brownfield remediation projects. The objective is to become more time and cost effective, and minimize the learning curve relative to the OPM’s ability to become familiar with the City’s brownfield sites. The term of agreement for said services would cover a one year period with two (2), one year options to renew. The firm(s) selected will execute the attached Contract for Project Management Services. Individual projects, under this On-Call agreement, will be issued via Task Order with an attached scope of work. The City of New Bedford is soliciting responses from qualified and experienced environmental firms to serve on a Brownfields On-Call List to provide oversight of site remediation projects funded by subgrants and loans issued by New Bedford’s Brownfields Revolving Loan Fund Program. The City intends to select up to three qualified consulting firms for this list. This project is funded by a U.S. Environmental Protection Agency (EPA) Revolving Loan Fund Grant and is subject to the terms and conditions of that program. Respondents must have experience in planning for and overseeing the environmental remediation of brownfields sites and carrying out the relevant tasks outlined in the included Scope of Services. Knowledge of and experience with the U.S. EPA Revolving Loan Fund Program and its related terms and conditions will be one of several selection criteria. The contractors selected for the Brownfields On-Call List will be retained by the City on an on-call basis with no guarantee of the number or value of actual assignments associated with this RFQ. The City has established a Brownfields Revolving Loan Fund (RLF) Program utilizing an $800,000 Cooperative Agreement from the U.S. EPA (EPA Agreement). EPA Cooperative Agreement funding will be used to cover the costs of activities that directly support remediation of selected brownfields sites, which have been determined to be eligible for program participation by the U.S. EPA and in compliance with the Massachusetts Contingency Plan, 310 CMR 40.0000 (MCP). The overall coordination of the EPA Agreement will be carried out by the City of New Bedford, with technical assistance and oversight to be performed by environmental, legal and financial contractors retained by the City. The City estimates that the program awards through the EPA Cooperative Agreement will begin by January 1, 2022. Scope of Services The selected consultant’s Licensed Site Professional (LSP) will provide as-needed coordination, direction and oversight of Brownfields RLF activity as agreed to at Brownfields RLF project sites. The City will depend on the LSP to assist in ensuring that remediation projects comply with all applicable state and federal requirements. These requirements may include but are not limited to applicable state and federal environmental regulations, funding source-specific obligations relative to task eligibility, record- keeping, reporting and Davis Bacon and Prevailing wage rate compliance assurance. Services needed related to this program may include, but are not limited to: Task 1. Review of Analysis of Brownfield Clean-up Alternatives (ABCA), Remediation Plans, Quality Assurance Project Plans, Health & Safety Plans, Community Relations Plans, and Davis Bacon Wage Documentation A. Review and comment on the Analysis of Brownfield Cleanup Alternatives Documents (ABCAs) prepared by Loan/Subgrant recipients and provide written comments identifying any concerns or deficiencies or confirming that the ABCAs are satisfactory according to federal requirements. B. Review and comment on the Remediation Plans prepared by Loan/Subgrant recipients or their contractors and provide written comments identifying any concerns or deficiencies relative to state and federal requirements. This activity may include: review of State- required remedial and engineering documents and provision of written comments per the MCP; input on strategies for remediation and redevelopment; and conducting periodic site visits during implementation of clean-up projects to verify compliance with approved work plan. C. Review and comment on the Quality Assurance Project Plans prepared by Loan/Subgrant recipients or their contractors and provide written comments identifying any concerns or deficiencies or confirming that the Quality Assurance Project Plans meet all state and federal requirements. D. Review and comment on the Health and Safety Plans prepared by Loan/Subgrant recipients or their contractors and provide written comments identifying any concerns or deficiencies or confirming that the Quality Assurance Project Plans meet all state and federal requirements. E. Review and comment on the Community Relations Plans prepared by Loan/Subgrant recipients or their contractors and provide written comments identifying any concerns or deficiencies or confirming that the Community Relations Plans meet all federal requirements. F. Review of documentation provided by Loan/Subgrant recipients or their contractors confirming compliance with the Davis Bacon Act. Task 2. Review Progress Reports and Requests for Loan Drawdowns Submitted by Applicant A. The consultant selected will review and sign off on requests by Loan/Subgrant recipients for loan or subgrant drawdowns with accompanying documentation of what activities have been completed. The purpose of this task is to confirm completion of approved clean-up activities on the site for which funding is being requested. Drawdown requests to the EPA will be made only to reimburse costs already incurred for approved activities. The City and the EPA project officer will also sign off on requests for subgrant/loan drawdowns. Task 3. Review the Clean-up Completion Report and Submit Required Report to EPA A. At the completion of clean-up, the consultant selected will review and comment on any Clean-up Completion Report and documentation prepared by Loan/Subgrant recipients and provide written comments identifying any concerns or deficiencies or confirming that the Clean-up Completion Report is satisfactory according to federal and state requirements. B. Submit copy of closeout documentation and state approval, if applicable, to EPA. Task 4. Other RLF Tasks A. Assist with site eligibility reviews per EPA and MassDEP requirements. B. Provide advice about compliance with All Appropriate Inquiry Rules. C. Provide input on any special conditions that may be advisable in subgrant and loan agreements, and key milestones in remediation that may form a basis for release of subgrant/loan payments. D. Assist the City in Assessment, Cleanup and Redevelopment Exchange System (ACRES) reporting. E. Provide general technical assistance to the City in implementing the RLF Program. F. Attend Brownfields Steering Committee Meetings and other meetings, as needed. G. Other tasks as may be assigned in support of New Bedford’s Brownfields RLF Program III. MINIMUM REQUIREMENTS AND EVALUATION CRITERIA Minimum Requirements In order to be eligible for selection, each Respondent must certify that it meets the following minimum requirements. Any Response that fails to include such certification in its response, demonstrating that these criteria have been met, may be rejected without further consideration. Each Respondent must designate an individual who will serve as the Project Director. The Project Director shall be certified in the Massachusetts Certified Public Purchasing Officer Program (the “MCPPO”) as administered by the Inspector General of the Commonwealth of Massachusetts and must also meet the following minimum requirements: A. The OPM’s Project Director must be a registered architect or professional engineer; and have at least five (5) years of relevant experience in the field of brownfield remediation or, if not registered as an architect or professional engineer, the Project Director must be a person who has at least 7 years’ experience in the supervision of environmental remediation projects. B. The consultant shall demonstrate sufficient staff resources, with appropriate qualifications/ accreditations, either in-house or through sub-contractors that would be available to assist the City with limited notice. C. The consultant shall have demonstrated experience providing LSP services and EPA Cooperative Agreement oversight on Brownfields remediation projects within the past five (5) years or equivalent. D. The consultant shall have knowledge of and experience with the U.S. EPA Revolving Loan Fund Program and its related terms and conditions. E. The Project Director shall be certified in the Massachusetts Certified Public Purchasing Officer Program as administered by the Inspector General of the Commonwealth of Massachusetts. F. The OPM shall be independent of the designer, general contractor or any subcontractor involved in the project. Evaluation Criteria By use of the evaluation criteria below, SOQs will be evaluated by the City against the factors specified. Evaluations of submitted proposals will be conducted according to the ability to meet requirements listed in the RFS. The rating of highly advantageous, advantageous, or not advantageous that each criterion receives will be used to compile a composite rating for each proposal, to be used in the RFS selection process. The City will ultimately award to up to three firms which are deemed most responsive and responsible whom the City determines offers the most advantageous proposals. The City reserves the right to award contracts based on initial proposal submittals or, at the sole discretion of the City, to conduct interviews with any or all of the Proposers. Any interviews shall be held for the purpose of clarity of proposals and will not be scored. In addition to submitted proposal information, the City reserves the right to use any information that it is aware of, independent of the submitted proposals, in determining consideration of contract award. In addition to the minimum requirements set forth above, all Respondents must demonstrate that they have significant experience, knowledge and abilities with respect to environmental site remediation projects. The Owner will evaluate Responses based on criteria that shall include, but not be limited to, the following: A. Accuracy, overall quality, thoroughness, and responsiveness to the requirements as summarized herein. -Highly Advantageous: The responding firm demonstrates clear understanding of and ability to provide each of the requested services in a concise, logical, and professional manner. -Advantageous: The responding firm demonstrates clear understanding of and ability to provide the requested services in a concise, and professional manner. -Not Advantageous: The responding firm does not demonstrate clear understanding of and ability to provide the requested services in a concise, and professional manner. B. Experience and ability to provide LSP services and EPA Cooperative Agreement oversight on brownfields remediation projects. -Highly Advantageous: The responding firm and LSP demonstrates comprehensive experience with remediation management and/or oversight on at least three Brownfield sites, and certification of contractor invoice review for compliance with Davis-Bacon requirements on at least one Brownfield site within the last three years. -Advantageous: The responding firm and LSP demonstrates experience with remediation management and/or oversight on at least one Brownfield site, and certification of contractor invoice review for compliance with Davis-Bacon requirements on at least one Brownfield site within the last five years. -Not Advantageous: The responding firm and LSP do not demonstrate experience with remediation management and/or oversight on at least one Brownfield site, and certification of contractor invoice review for compliance with Davis-Bacon requirements on at least one Brownfield site within the last five years. C. Knowledge of and experience with the U.S. EPA Revolving Loan Fund Program and its related terms and conditions. -Highly Advantageous: The responding firm and LSP demonstrates comprehensive knowledge and experience with the U.S. EPA Revolving Loan Fund Program and its related terms and conditions within the last five years. -Advantageous: The responding firm and LSP demonstrates knowledge and experience with the U.S. EPA Revolving Loan Fund Program and its related terms and conditions within the last seven years. -Not Advantageous: The responding firm and LSP do not demonstrate knowledge and experience with the U.S. EPA Revolving Loan Fund Program and its related terms and conditions within the last seven years. D. Performance on similar work efforts. -Highly Advantageous: The responding firm and LSP provide three outstanding references from at least three different project sites (at least one from a Brownfields RLF oversight program) that will attest to the firm’s/LSP’s successful performance on similar projects including schedule and completeness of cleanup to the degree it was in the control of the firm. -Advantageous: The responding firm and LSP provide three positive references from at least three different project sites (at least one from a Brownfields RLF oversight program) that will attest to the firm’s/LSP’s successful performance on similar projects including schedule and completeness of cleanup to the degree it was in the control of the firm. -Not Advantageous: The responding firm and LSP do not provide three positive references from at least three different project sites, or do not include at least one from a Brownfields RLF oversight program, that will attest to the firm’s/LSP’s successful performance on similar projects including schedule and completeness of cleanup to the degree it was in the control of the firm. The Owner reserves the right to consider any other relevant criteria that it may deem appropriate, within its sole discretion. The Owner may or may not, within its sole discretion, seek additional information from Respondents. This RFS, any addenda issued by the Owner, and the selected Respondent’s response, will become part of the executed contract. No substitution or replacement of key personnel or change in the sub-consultants identified in the response shall take place without the prior written approval of the Owner. The selected Respondent(s) will be required to execute a Contract for Project Management Services with the Owner in the form that is attached hereto as Attachment F and incorporated by reference herein. Prior to execution of the Contract for Project Management Services with the Owner, the selected Respondent(s) will be required to submit to the Owner a certificate of insurance that meets the requirements set forth in the Contract for Project Management Services. Prior to execution of the Contract for Project Management Services, the fee for services shall be negotiated for forthcoming task orders between the Owner and the selected Respondent(s) to the satisfaction of the Owner, within its sole discretion. IV. SELECTION PROCESS AND SELECTION SCHEDULE Selection Process A. A Committee of the City’s Department of Environmental Stewardship personnel and other stakeholders as the City sees fit to designate will be responsible for reviewing minimum requirements as well as the process for reviewing Evaluation Criteria for each Response. The Committee will rank all responses that meet the minimum requirements and record the ranking on a scoring sheet. B. Identified reviewers will rank the Responses based on the evaluation criteria identified in Section 3 of this RFS and will short-list a minimum of three respondents. C. Interviews may be scheduled after the Committee evaluates the SOQs. D. Up to three (3) qualified Respondents will be ranked, and awarded the on-call contract. The Owner will go first to the firm with the most experience applicable to each Task Order and negotiate a fee for services. If the Owner is unable to negotiate the Task Order with the first choice selection, the Owner will then commence negotiations with its second selection and so on, until the Task Order is successfully negotiated and approved by the Owner. E. To negotiate the project fee, the Owner will require the names, hourly and overtime rates of the Project Manager and the on-site person. Licenses and certifications will be requested. Selection Schedule The following projected timetables should be utilized as a working guide for planning purposes. The City of New Bedford reserves the right to adjust this timetable as required during the course of the RFS Process. Event Date Time RFS Notification; Central Register, Standard Times Newspaper Thursday, October 28 4:00 PM Documents Available Thursday, October 28 4:00 PM Deadline for Questions Wednesday, November 10 4:00 PM Responses Due & Opened Friday, November 19 2:00 PM Respondents Review Shortlist TBD Interview Respondents Short-Listed (estimate, if applicable) TBD Selection of Top Ranked Respondent TBD Negotiate with Selected Respondent (estimate) TBD Anticipated Execution of Contract TBD Any questions concerning this Request for Services must be submitted in writing to purchasing@newbedford-ma.gov no later than Wednesday, November 10, 2021 by 4:00 pm. mailto:purchasing@newbedford-ma.gov The sealed proposals are due on Friday, November 19, 2021 at 2:00 p.m. EST. As this is an RFS, Statement of Qualifications (SOQ) will not be opened publicly. SOQs received after the above time and date will be rejected and returned unopened. V. REQUIREMENTS FOR CONTENT OF RESPONSE Submit one (1) original copy of the response to this Request for Services and one (1) electronic version in PDF format on USB, CD, etc. All responses shall be: • In ink or typewritten; • Presented in an organized and clear manner; • Must include all required Attachments and certifications; • Must include the following information: A. Cover letter shall include: i. An introduction with a description of the Respondent’s firm/team, experience in the industry, number of years providing Licensed Site Provider (LSP) services on brownfields remediation and EPA Cooperative Agreement Oversight projects, primary client type, and a summary of LSP services and EPA Cooperative Agreement oversight offered. Include company name(s) and address(es). For the firm/team, provide the name, title, phone number, and email of the firm’s contact person during the RFS process. ii. An acknowledgement of any addendum issued to the RFS. iii. An acknowledgement that the Respondent has read the RFS. iv. An acknowledgement that the Respondent has read the Contract for Project Management Services. Respondent shall note any exceptions to the Contract for Project Management Services in its cover letter. v. A specific statement regarding compliance with the minimum requirements identified in Section III of this RFS to include identification of registration, number of years of experience and where obtained (as supported by the resume section of Attachment B), as well as the date of the MCPPO certification and a copy of the MCPPO certification. vi. The signature of an individual authorized to negotiate and execute the Contract for Project Management Services, in the form that is attached to the RFS, on behalf of the Respondent. vii. The name, title, address, e-mail and telephone number of the contact person who can respond to requests for additional information. B. Relevant Project Experience: Provide a list of the most relevant and similar assignments or work products, completed over the past 5 years. Please include: i. Site name and location ii. Project dates/duration (for services provided) iii. A project summary including hazardous materials managed, sensitive environments and/or receptors, and services provided. C. Client References: Provide at least three client references. For each project please include: i. Name, title, email, and telephone ii. Project name and location iii. Project dates/duration iv. Firm’s primary role in project v. Indicate any EPA Cooperative Agreement oversight D. Service Description: Provide a detailed description of each of the services your company/team offers that directly relate to the RFQ’s scope of work for the Brownfields RLF On-Call services. Include any roles of subcontractor team members (if any) and describe the level of previous working relationship. E. Fee Schedule: Please include firm’s current fee schedule for positions likely to be assigned to projects covered by this RFS. F. Selection Criteria: The response shall address the Respondent’s ability to meet the “Evaluation Criteria” Section including submittal of additional information as needed. Respondents may supplement this proposal with graphic materials and photographs that best demonstrate its project management capabilities of the team proposed for this project. VI. PAYMENT SCHEDULE AND FEE EXPLANATION The Owner will negotiate the fee for services dependent upon an evaluation of the level of effort required, job complexity, specialized knowledge required, estimated construction cost, comparison with past project fees, and other considerations. An hourly rate breakdown will be a requirement of all successful respondents for all task orders per contract Attachment A. As construction cost is but one of several factors, a final construction figure in excess of the initial construction estimate will not, in and of itself, constitute a justification for an increased OPM fee. The City reserves the right to obtain, through a separate procurement process, additional OPM services for projects with a construction estimate in excess of $1,500,000.00. VII. WAIVER/CURE OF MINOR INFORMALITIES, ERRORS, AND OMISSIONS The Owner reserves the right to waive or permit cure of minor informalities, errors or omissions prior to the selection of a Respondent, and to conduct discussions with any qualified Respondents and to take any other measures with respect to this RFS in any manner necessary to serve the best interest of the Owner and its beneficiaries. VIII. COMMUNICATIONS WITH THE OWNER The Owner’s Procurement Officer/Office for this RFS is: Molly Gilfeather, Director of Purchasing City of New Bedford, 133 William Street, Room 208, New Bedford, MA 02740 508-979-1433; purchasing@newbedford-ma.gov Respondents that intend to submit a response are prohibited from contacting any of the Owner’s staff other than those in the Procurement Office. An exception to this rule applies to Respondents that currently do business with the Owner, but any contact made with persons other than the Procurement Office must be limited to that business, and must not relate to this RFS. In addition, such respondents shall not discuss this RFS with any of the Owner’s consultants, legal counsel or other advisors. FAILURE TO OBSERVE THIS RULE MAY BE GROUNDS FOR DISQUALIFICATION. IX. COSTS The Owner will not be liable for any costs incurred by any Respondent in preparing a response to this RFS or for any other costs incurred prior to entering into a Contract with an Owner’s Project Manager. X. WITHDRAWL A Respondent may withdraw and/or resubmit their response prior to the deadline. XI. REJECTION OF RESPONSES, MODIFICATION OF RFS The Owner reserves the right to reject any and all responses if the Owner determines, within its own discretion, that it is in the Owner’s best interests to do so. This RFS does not commit the Owner to select any Respondent, award any contract, pay any costs in preparing a response, or procure a contract for any services. The Owner also reserves the right to cancel or modify this RFS in part or in its entirety, or to change the RFS guidelines. A Respondent may not alter the RFS or its components. XII. SUBCONTRACTING AND JOINT VENTURES Respondent’s intention to subcontract or partner or joint venture with other firm(s), individual or entity must be clearly described in the response. The attention of all bidders is called to the provisions of General Laws Chapter 30, Section 39L, which provides that the Owner may not enter into a contract for construction Work and may not approve as a subcontractor furnishing labor and materials for a part of any such Work a foreign corporation which has not complied with the requirements of Chapter 156D of the General Laws. The term 'foreign corporation' means a corporation not incorporated under the laws of the Commonwealth of Massachusetts. XIII. SPECIAL REQUIREMENTS The Awarded Bidder must meet all specifications. Any bid which does not meet these requirements, is nonresponsive, incomplete, conditional, and/or obscure, will be rejected. Any bid which contains additions not called for, and/or irregularities of any kind, is non-responsive and will be rejected. The attention of all Bidders is called to General Laws Chapter 156D, which requires in part that, not later than 10 days after it commences transacting business in the commonwealth, a foreign corporation deliver a certificate to the secretary of state for filing. Bidders required to be registered with the Secretary of State in the Massachusetts Corporate Database must use the same business name in their bidding documents as is listed in the Database for that business. All Bidders must use the same business name throughout all bidding documents, and for the Successful Bidder, throughout all contract documents. Examples of these documents include the bid form, vote of corporation, W-9, and certificate of insurance. Any Bid with multiple and/or inconsistent business names for one business may be rejected by the City. XIV. VALIDITY OF RESPONSE Submitted responses must be valid in all respects for a minimum period of ninety (90) days after the submission deadline. ATTACHMENTS: Attachment A: Statement of Interest Attachment B: OPM On-Call Application Form – January 2021 Attachment C: Required Certifications Attachment D: Non-Collusion/Tax Certification Attachment E: Vote of Corporation Attachment F: Sample Contract for On-Call Owner’s Project Management Services ATTACHMENT A STATEMENT OF INTEREST ATTACHMENT B Owner’s Project Manager Application Form – October 2021 1.Project Name/Location for Which Firm is Filing: 1a. Project Number: 2a. Respondent, Firm (Or Joint-Venture) - Name And Address Of Primary Office To Perform The Work: 2b. Name And Address Of Other Participating Offices Of The Prime Applicant, If Different From Item 3a Above: 2c. Date Present And Predecessor Firms Were Established: 2d. Name And Address Of Parent Company, If Any: 2e. Federal ID #: 2f. Name of Proposed Project Director: 3. Personnel From Prime Firm Included In Question #2 Above By Discipline (List Each Person Only Once, By Primary Function -- Average Number Employed Throughout The Preceding 6 Month Period. Indicate Both The Total Number In Each Discipline): Admin. Personnel Cost Estimators Other Architects Electrical Engrs. Acoustical Engrs. Environmental Engrs. Civil Engrs. Licensed Site Profs. Code Specialists Mechanical Engrs. Construction Inspectors Total 4. Has this Joint-Venture previously worked together?  Yes  No 5. List ONLY Those Prime and Sub-Consultant Personnel identified as Key personnel in the Response to Request for Services. This Information Should Be Presented Below In The Form Of An Organizational Chart modified to fit the firm’s proposed management approach. Include Name of Firm And Name Of The Person: CITY/TOWN/DISTRICT Schematic Design/Design Development Construction Phase Name of Project Representative (Title must appear as “Project Representative”) Sub-consultant Prime Consultant(s) Project Director and Project Manager 6. Brief Resume for Key Personnel ONLY as indicated in the Request for Services. Resumes Should Be Consistent With The Persons Listed On The Organizational Chart In Question # 5. Additional Sheets Should Be Provided Only As Required For The Number Of Key Personnel And They Must Be In The Format Provided. By Including A Firm As A Subconsultant, The Prime Applicant Certifies That The Listed Firm Has Agreed To Work On This Project, Should The Team Be Selected. a. Name And Title Within Firm: a. Name And Title Within Firm: b. Project Assignment: b. Project Assignment: c. Name And Address Of Office In Which Individual Identified In 6a Resides: c. Name And Address Of Office In Which Individual Identified In 6a Resides: d. Years Experience: With This Firm: With Other Firms: d. Years Experience: With This Firm: With Other Firms: e. Education: Degree(s) /Year/Specialization e. Education: Degree(s) /Year/Specialization f. Date of MCPPO Certification: f. Date of MCPPO Certification: g. Applicable Registrations and Certifications : g. Applicable Registrations and Certifications: h. Current Work Assignments And Availability For This Project (availability should be identified as a percentage: eg: “As of 5/30, 50% available”): h. Current Work Assignments And Availability For This Project (availability should be identified as a percentage: eg: “As of 5/30, 50% available”): i. Other Experience And Qualifications Relevant To The Proposed Project: (Identify OPM Firm By Which Employed, If Not Current Firm. Please distinguish between OPM work and any design work performed by the firm.): i. Other Experience And Qualifications Relevant To The Proposed Project: (Identify OPM Firm By Which Employed, If Not Current Firm. Please distinguish between OPM work and any design work performed by the firm.): 7a Past Performance: List all Completed Projects, in excess of $1.5 million, for which the Prime Applicant has performed, or has entered into a contract to perform Owner’s Project Management Services for all Public Agencies within the Commonwealth within the past 10 years. a. Project Name And Location Project Director b. Brief Description Of Project And Services (Include Reference To Areas Of Similar Experience) c. Project Dollar Value d. Completion Date (Actual Or Estimate) e. On Time (Yes Or No) f. Original Construction Contract Value g. Change Orders h. Number of Accidents and Safety Violations i. Dollar Value of any Safety fines j. Number And Outcome Of Legal Actions (1) (2) (3) (4) (5) 7b. (cont) Past Performance: Provide the following information for those completed Projects listed above in 7a for which the Prime Applicant has performed, or has entered into a contract to perform Owner’s Project Management Services for all Public Agencies within the Commonwealth within the past 10 years. a. Project Name And Location Project Director b. Original Project Budget c. Final Project Budget d. If different, provide reason(s) for variance e. Original Project Completion e. Actual Project Completion On Time (Yes or No) f. If different, provide reason(s) for variance. (1) (2) (3) (4) (5) 8. Capacity: Identify all current/ongoing Work by Prime Applicant, Joint-Venture Members or Sub-consultants. Identify project participants and highlight any work involving the project participants identified in the response. Project Name And Location Project Director b. Brief Description Of Project And Services (Include Reference To Areas Of Similar Experience) c. Original Project Budget d. Current Project Budget d. Project Completion Date e. Current forecast completion date On Time (Yes Or No) f. Original Construction Contract Value g. Number and dollar value of Change Orders h. Number and dollar value of claims 1. 2. 3. 4. 5. 6. 7. 8. 9. References: Provide the following information for completed and current Projects listed above in 7 and 8 for which the Prime Applicant has performed, or has entered into a contract to perform Owner’s Project Management Services for all Public Agencies within the Commonwealth within the past 10 years. a. Project Name And Location Project Director Client’s Name, Address and Phone Number. Include Name of Contact Person Project Name And Location Project Director Client’s Name, Address and Phone Number. Include Name of Contact Person Project Name And Location Project Director Client’s Name, Address and Phone Number. Include Name of Contact Person 1) 5) 9) 2) 6) 10) 3) 7) 11) 4) 8) 12) 9. Use This Space To Provide Any Additional Information Or Description Of Resources Supporting The Qualifications Of Your Firm And That Of Your Sub-consultants. If Needed, Up To Three, Double-Sided 8 ½” X 11” Supplementary Sheets Will Be Accepted. APPLICANTS ARE REQUIRED TO RESPOND SPECIFICALLY IN THIS SECTION TO THE AREAS OF EXPERIENCE REQUESTED. 10. I hereby certify that the undersigned is an Authorized Signatory of Firm and is a Principal or Officer of Firm. The information contained in this application is true, accurate and sworn to by the undersigned under the pains and penalties of perjury. Submitted By (Signature) __________________________________________________ Printed Name And Title _______________________________ Date ____________ ATTACHMENT C Required Certifications (Massachusetts Certified Public Purchasing Official) ATTACHMENT D CITY OF NEW BEDFORD MASSACHUSETTS NON-COLLUSION AND TAX COMPLIANCE FORM CERTIFICATE OF NON-COLLUSION The undersigned certified under penalties of perjury that this bid 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 bid Name of business/organization TAX COMPLIANCE CERTIFICATION Pursuant to M.G.L. c. 62C, §49A, I certify under the penalties of perjury that, to the best of my knowledge and belief, I am in compliance with all laws of the Commonwealth relating to taxes reporting of employees and contractor, and withholding and remitting child support. Signature of person submitting bid Name of business ATTACHMENT E CITY OF NEW BEDFORD MASSACHUSETTS VOTE OF CORPORATION AUTHORIZING EXECUTION OF CORPORATE AGREEMENTS At a meeting of the Board of Directors of __________________duly called and held on _________________, 20_____ at which a quorum was present and acting throughout, the following vote was duly adopted. VOTED: That ____________________________, the_________________________ of the corporation, be and hereby is authorized to affix the Corporate Seal, sign and deliver in the name and behalf of the corporation contract documents with the City of New Bedford, the above mentioned documents to include but not be limited to Bids, Proposals, Deeds, Purchase and Sales Agreements, Agreements, Contracts, Leases, Licenses, Releases and Indemnifications; and also to seal and execute, as above, surety company bonds to secure bids and proposals and the performance of said contract and payment for labor and materials, all in such form and on such terms and conditions as he/she, by the execution thereof, shall deem proper. A true copy ATTEST: ______________________________________ Name (printed) ______________________________________ (Affix Corporate Seal) Signature ______________________________________ ______________________ Title Date ATTACHMENT F SAMPLE STANDARD CONTRACT (Design/Bid/Build) # 22171053 CITY OF NEW BEDFORD CONTRACT FOR OWNER’S PROJECT MANAGEMENT SERVICES This contract is made this _____ day of ___________________ in the year _____ between the City of New Bedford, Massachusetts, 133 William Street, New Bedford, MA 02740 (hereinafter called the “Owner”) and ___________________________________________________________________ (Owner’s Project Manager) __________________________________________________________________________________________________________________ (Street) (City) (State) (Zip) hereinafter called the “Owner’s Project Manager” to provide the Project Management services required to complete the Basic and Extra Services described herein at _________________________ _______________ (Name/description of Project) _________________________________________________________________________________________________________ For the performance of all services required under this Contract, and excluding those services specified under Articles 9 and 10 of this contract, the Owner’s Project Manager shall be compensated by the Owner as follows and in accordance with the Payment schedule included as Attachment A: Cost: Negotiated rates per Task Order TABLE OF CONTENTS Page PROJECT DESCRIPTION, FEE AND SIGNATURES ...............................................1 ARTICLE 1 DEFINITIONS .............................................................................................................3 ARTICLE 2 RELATIONSHIP OF THE PARTIES ..........................................................................4 ARTICLE 3 RESPONSIBILITIES OF THE OWNER .....................................................................5 ARTICLE 4 RESPONSIBILITIES OF THE OWNER’S PROJECT MANAGER ...........................5 ARTICLE 5 SUBCONSULTANTS .................................................................................................6 ARTICLE 6 TERM AND TIMELY PERFORMANCE ...................................................................6 ARTICLE 7 COMPENSATION ......................................................................................................7 ARTICLE 8 BASIC SERVICES ......................................................................................................7 ARTICLE 9 EXTRA SERVICES ................................................................................................... 17 ARTICLE 10 REIMBURSABLE EXPENSES ................................................................................. 18 ARTICLE 11 RELEASE AND DISCHARGE ................................................................................. 19 ARTICLE 12 ASSIGNMENT, SUSPENSION, TERMINATION ................................................... 19 ARTICLE 13 NOTICES ................................................................................................................... 20 ARTICLE 14 INDEMNIFICATION OF OWNER ......................................................................... 20 ARTICLE 15 INSURANCE ............................................................................................................. 21 ARTICLE 16 OWNERSHIP OF DOCUMENTS ............................................................................. 22 ARTICLE 17 REGULATORY AND STATUTORY REQUIREMENTS ....................................... 23 ATTACHMENT A: TASK ORDER PAYMENT SCHEDULE ARTICLE 1: DEFINITIONS APPROVAL – a written communication from the Owner 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 -- hereinafter also referred to as the DESIGNER – (Insert Name, address) with whom the Owner 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. CONTRACT -- this Contract, inclusive of all Attachments, between the Owner and the Owner’s Project Manager; all written amendments to this Contract; RFS 22171053 and OPM’s Response thereto including Project Management Proposal; and all Approvals issued pursuant to this Contract. CONTRACTOR or GENERAL CONTRACTOR -- the person or firm with whom the Owner has contracted to perform the construction for this Project. EXTRA SERVICES -- Services requested by the Owner 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 Owner’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. GENERAL LAWS --the Massachusetts General Laws as amended, including any rules, regulations and administrative procedures implementing said laws. GUIDELINES AND STANDARDS -- Documents published by the Owner including regulations and procedures that supplement the tasks of the Owner’s Project Manager contracting with Owner for projects receiving any funding from the Owner. NOTICE to PROCEED – the written communication issued by the Owner to the Contractor authorizing him to proceed with the construction contract and establishing the date for commencement of the contract time. OWNER – the entity identified as such on page one of this Contract, or its authorized representative, that is the owner of the property that is the site of the Project and is responsible for administering this Contract. The Owner is the City of New Bedford, 133 William Street, New Bedford, MA 02740. OWNER’S PROJECT MANAGER – Name, Address -the individual, corporation, partnership, sole proprietorship, joint stock company, joint venture or other 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 in Attachment A. An 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 Owner Project Scope and Budget Agreement. PROJECT BUDGET – a complete and full enumeration of all costs of the Project, as defined in the Owner Project Scope and Budget Agreement. PROJECT SCHEDULE – a complete list of all activities, time and sequence required to complete the Project, as defined in the Owner Project Scope and Budget Agreement. PROJECT SCOPE AND BUDGET AGREEMENT – the Agreement described in 963 CMR 2.10(10) and executed by the Owner pursuant to Article 8 of this agreement 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. SUBCONTRACTOR -- the 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 or required herein or by Law. Subcontractor when used also means “Trade Contractor” except when otherwise specified. 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 Owner in providing the services required under this Contract. 2.2 The Owner’s Project Manager warrants and represents to the Owner 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 warrants to the Owner that it shall perform its services hereunder with that degree of skill and care ordinarily exercised by similarly situated members of 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, based on industry standards and in coordination with the services provided by the Designer. 2.4 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 Contractor shall be solely responsible for construction means, methods, techniques, sequences and procedures and for safety precautions and programs in connection with the Project and for performing in accordance with the contract between the Owner and Contractor. 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 Owner. ARTICLE 3: RESPONSIBILITIES OF THE OWNER 3.1 The Owner shall be responsible to oversee and monitor the performance of the Owner’s Project Manager to ensure that it performs its obligations in a satisfactory manner. The Owner shall provide the necessary general direction and broad management coordination required to execute the Project. 3.2. The Owner shall designate an individual or individuals who shall have the authority to act on behalf of the Owner under this Contract and who shall be responsible for day-to-day communication between the Owner and the Owner’s Project Manager. 3.3 Upon satisfactory completion of services performed, the Owner shall make payments to the Owner’s Project Manager as provided in Articles 7, 8, 9 and 10. ARTICLE 4: RESPONSIBILITIES OF THE OWNER’S PROJECT MANAGER 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 Owner when respective contractual requirements are not being fulfilled. Services shall continue through substantial use and occupancy by the Owner, Project closeout and final auditing as conducted by the Owner. 4.2 The Owner’s Project Manager shall perform the services required under this Contract in conformance with applicable federal, state, and local laws, ordinances and regulations. 4.3 The Owner’s Project Manager shall report to the Owner any act or inaction in connection with the Project that the Owner’s Project Manager believes creates a substantial health or safety risk. 4.4 The Owner’s Project Manager shall immediately notify the city of any directives it does not intend to comply with the terms and conditions of all project agreements and any and all administrative directives issued by the Owner now in effect or hereafter promulgated during the term of this Contract so long as the foregoing do not materially contradict the Owner’s Project Manager’s obligations and responsibilities hereunder. 4.5 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 Owner, 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. At the request of the Owner, the Owner’s Project Manager shall consult with the Owner to resolve any situation in which the Owner 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 Owner shall have the right to direct the removal of any such person or consultant. No act or omission of the Owner 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. 4.6 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. 4.7 The Owner’s Project Manager shall be and remain liable to the Owner for all damages incurred by the Owner as a result of the failure of the Owner’s Project Manager to perform in conformance with the terms and conditions of this Contract. ARTICLE 5: SUBCONSULTANTS 5.1 The Owner’s Project Manager may employ Subconsultants, subject to the prior written approval of the Owner and subject to Paragraph 10.3 in order to perform services under this Contract. The employment of Subconsultants shall not in any way relieve the Owner’s Project Manager from its responsibilities under this Contract. The attention of all bidders is called to the provisions of General Laws Chapter 30, Section 39L, which provides that the Owner may not enter into a contract for construction Work and may not approve as a subcontractor furnishing labor and materials for a part of any such Work a foreign corporation which has not complied with the requirements of Chapter 156d of the General Laws. The term 'foreign corporation' means a corporation not incorporated under the laws of the Commonwealth of Massachusetts. 5.2 Upon request, the Owner’s Project Manager shall provide the Owner copies of its agreements with Subconsultants, including amendments thereto, and shall consult with the Owner with respect to the inclusion therein of appropriate terms and conditions to assure timely, efficient and competent performance of the Subconsultants. 5.3 No substitution of Subconsultants and no use of additional subconsultants shall be made without prior written approval of the Owner, which approval shall not be unreasonably withheld. 5.4 No Subconsultant to the Owner’s Project Manager shall have recourse against the Owner 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. ARTICLE 6: TERM AND TIMELY PERFORMANCE 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 Owner. The term of this Agreement shall commence on the date stipulated in an Approval to proceed from the Owner. 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 the 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 Owner. The Owner’s Project Manager shall immediately advise the Owner, as well as the Designer or the Contractor, in writing, anytime 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 the Feasibility Study Agreement and the Project Scope and Budget 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 Owner of the revisions to its services. The Owner 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. ARTICLE 7: COMPENSATION 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 Owner in an amount up to the Fee for Basic Services for each Task Order, identified on page one of the Contract. The Owner’s Project Manager shall submit invoices on a monthly basis in accordance with the Payment Schedule included as Attachment A and Attachment B. The Owner shall use its best efforts to make payments to the Owner’s Project Manager within 30 days of the Owner’s approval of the invoice. 7.2 The Fee for Basic Services shall include, but not necessarily be limited to, all labor, overhead, profit, transportation, communication expenses, reasonable printing and copying necessary for completion of the Project. 7.3 The Owner 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 Owner. 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 Owner of the Certificate of Final Completion and submission of evaluations, subject to approval by the Owner, ARTICLE 8: BASIC SERVICES 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 for the duration of the Project. This procedure shall detail the responsibilities and lines of communication among all Project participants ( Owner, 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 and other tracking logs, as needed. The draft communication plan shall be submitted to the Owner for approval within 30 days of the Approval to proceed to Construction Documents/Bidding Phase and be further updated as needed to include the award of a construction contract and/or no later than 30 days after Approval to Proceed to the Construction Phase. The Owner’s Project Manager shall include the Designer and the Contractor in its distribution of the Project Budget, Schedule, Monthly Progress Report and other reports as appropriate and as outlined in the Communications Plan. 8.1.1.1 The Owner’s Project Manager shall assist the Owner in the preparation of all information, material, documentation, and reports, including without limitation, documentation related to incentive reimbursement percentage points requests for reimbursement, and audit materials. 8.1.1.2 The Owner’s Project Manager shall prepare agendas for and attend building committee meetings, attend meetings with other representatives of the Owner, municipal administration and, and attend neighborhood meetings relating to the Project, and participate as a member of the Owner’s Prequalification Committee as applicable. The Owner’s Project Manager shall take minutes of all of the above-referenced meetings and promptly distribute minutes of these meetings to the Owner. 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, General Contractor, equipment vendors and all other prime contractors and suppliers and make recommendations to the Owner relative to amounts due. 8.1.2 Project Control During the Feasibility Study/Schematic Design Phase of this Contract, the Owner’s Project Manager shall monitor and report to the Owner any variations to the Feasibility Study Budget, Scope and Schedule established in the Owner-Feasibility Study Agreement. During the Design Development/Construction Documents/Bidding Phase, the Owner’s Project Manager shall monitor and report to the Owner any variations to the Project Budget and Schedule established in the Owner-Project Scope and Budget Agreement. 8.1.2.1 Project Budget The Owner’s Project Manager shall prepare a detailed baseline Project Budget from the Project Scope and Budget Agreement, in a form acceptable to the, which will serve as the Project control against which all Designer estimates, contractor bids and other cost information will be measured. The Owner’s Project Manager shall submit this detailed baseline Project Budget to the Owner within 30 days of Approval to proceed to the Construction Documents/Bidding and construction Phases. The Owner’s Project Manager shall maintain and update the 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 Project Budget, as needed, and submit them to the Owner for approval. 8.1.2.2 Cost Estimating The Owner’s Project Manager shall prepare detailed independent cost estimates at each Design phase (Construction Documents/Bidding and Construction Phases through closeout). The Owner’s Project Manager shall compare its cost estimate to that prepared by the Designer and/or CM at Risk to identify and notify the Owner 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/or the CM at Risk and recommend to the Owner 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. 8.1.2.3 Project Schedule The Owner’s Project Manager shall prepare a detailed baseline Project Schedule from the Project Scope and Budget Agreement, in a form acceptable to the Owner, which will serve as the Project control against which all Project progress will be measured. The Owner’s Project Manager shall submit this detailed baseline Project Schedule to the Owner within 30 days of Approval to proceed to the Construction Documents/Bidding Phase. The Owner’s Project Manager shall maintain and update the Project Schedule throughout the term of this Contract. The Owner’s Project Manager shall assess the actual progress of the Project relative to the baseline Project Schedule and report any variances to the baseline Project Schedule as part of the Monthly Progress Report. In the event that actual progress of the Project varies from the baseline Project Schedule, the Owner’s Project Manager shall consult with the Designer and the Contractor and make appropriate recommendations to the Owner relative to actions that should be taken by the Designer or the Contractor to achieve the baseline Project Schedule and/or recommend revisions to the Project Schedule. The Owner’s Project Manager shall prepare revisions to the Project Schedule, as needed, and submit them to the Owner 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 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 Owner 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 Owner relative to the actions that should be taken by the Contractor and/or advise the Owner when liquidated damages, if included in the construction contract, are anticipated to be incurred. 8.1.3 Monthly Progress Report The Owner’s Project Manager shall submit to the Owner no later than the twelfth day of each calendar month 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 Owner and shall describe work performed by all project participants (OPM, Designer, and 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, safety performance, construction Quality Assurance/ Quality Control, (QA/QC), environmental compliance, community issues, Minority Business Enterprise/ Women Business Enterprise (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 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 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 Owner’s Project Manager shall include: 8.1.4.1 Change Order Administration 8.1.4.1.1 Review all Contractor proposals for change orders and supporting schedules for time extension requests. 8.1.4.1.2 Prepare independent cost estimates and schedule impact analysis for those proposed change orders with an estimated value in excess of $50,000. 8.1.4.1.3 Initiate, conduct, and document negotiations through a memorandum of negotiations with the Contractor. 8.1.4.1.4 For all change order requests by the Contractor, make recommendations to the Owner for their acceptance or rejection. 8.1.4.1.5 Prepare and finalize any documentation required for processing change orders including documentation to support or reject the change. 8.1.4.1.6 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. 8.1.4.2 Claims and Disputes Management 8.1.4.2.1 Implement a claims management procedure consistent with the construction contract documents. 8.1.4.2.2 Analyze Contractor claims and propose recommendations to the Owner in support of the obligations under the claims article of the construction contract documents. Prepare defense positions in coordination with the Designer and the Owner. 8.1.4.2.3 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 Owner and the Owner in writing as soon as reasonably possible. 8.1.4.2.4 The Owner’s Project Manager shall take all reasonable efforts designed to resolve any such claims, disputes, or other matters in question. 8.1.5 MBE/WBE Compliance Monitoring The Owner’s Project Manager shall oversee and monitor the Designer and Contractor’s compliance with MBE/WBE requirements. 8.1.6 Project Records and Reports 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 Owner-Owner’s Project Manager, 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 Owner’s Project Manager shall assemble for the Owner’s review all documents pursuant to a public records request received by the Owner. 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 Owner in accordance with the Designer Selection Guidelines. Services shall include: 8.2.1.1 The Owner’s Project Manager shall assist the Owner in preparing the schedule for designer selection, advertisement, request for services, selection criteria and other materials required for the application package in accordance with guidelines and submit to the Owner for review and approval prior to advertising. 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 Owner 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 and shall submit the application packages as well as the completed references to the Owner at least two weeks before the targeted Designer Selection Panel meeting. 8.2.1.4 The Owner’s Project Manager shall present the project particulars and the results of the reference checks to the Owner’s Designer Selection Panel. 8.2.1.5 The Owner’s Project Manager shall assist the Owner 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 Owner in the review of the proposed scope, schedule and budget, developed by the Designer, including the review of the Designer’s preliminary drawings. a. Prepare independent construction cost estimates pursuant to Section 8.1.2.2 of this Contract for comparison with the Designer’s cost estimates. (Two estimates during Task 8.2.2) b. Work with the Owner 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 Owner. 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 meetings every two weeks, between the Designer and the Owner and, as required, the Owner, to provide for review and discussion of design/engineering related issues. The Owner’s Project Manager shall provide technical assistance to the Owner. The Owner’s Project Manager shall take and distribute minutes of these meetings to the Owner. 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 Owner when, in the opinion of the Owner’s Project Manager, requirements of the Designer’s contract with the Owner are not being fulfilled. 8.2.2.5 The Owner’s Project Manager shall meet with the Owner, Designer and other project participants as necessary. 8.2.2.6 The Owner’s Project Manager shall assist the Owner 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. 8.2.2.7 The Owner’s Project Manager shall assist the Owner in determining the appropriate construction delivery methodology for the Proposed Project. In providing such assistance, the Owner’s Project Manager, in conjunction with the Designer, shall advise the Owner on the relative advantages and disadvantages associated with each of the construction delivery methods provided in M.G.L. Chapters 149 and 149A. The services provided by the Owner’s Project Manager in assisting and advising the Owner in its determination of the appropriate construction delivery methodology shall be included in Basic Services. 8.2.2.7 If the Owner elects to proceed with the CM at Risk construction delivery method when directed by the Owner, the Owner’s Project Manager shall, in timely manner, assist and advise the Owner in properly preparing and submitting to the Office of the Inspector General, the application to proceed with the CM at Risk construction delivery method and in obtaining a notice to proceed, in accordance with the provisions of M.G.L. c. 149A, § 4, and the applicable regulations and procedures promulgated by the Inspector General. The Owner’s Project Manager shall assist the Owner in correcting and resubmitting the application to proceed, as necessary, and in responding to any requests for additional information from the office of the Inspector General.. The services provided by the Owner’s Project Manager in assisting and advising the Owner with the preparation and submission of the application to proceed with the CM at Risk construction delivery method shall be included in Basic Services. If the Inspector General issues a notice to proceed with the CM at Risk delivery method, and if the Owner, at its option, authorizes the Owner’s Project Manager to perform services for subsequent design phases and/or the Construction Phases and Completion Phase, the Parties will enter into a mutually agreed upon amendment to this Contract using the amended Contract language for CM at Risk delivery method prescribed by the Owner. In the event that the Inspector General does not issue a notice to proceed with the CM at Risk delivery method, the Owner, at its option, may elect to construct the project in accordance with the provisions of M.G.L. c. 149. 8.3 Design Development 8.3.1 The Owner’s Project Manager shall continue to oversee the activities and responsibilities of the Designer in the further 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 Owner’s Project Manager shall: a. Prepare independent construction cost estimates pursuant to Section 8.1.2.2 of this Contract, for comparison with the Designer’s cost estimates. (One Estimate during Task 8.3) b. Work with the Owner and Designer to update the Project Budget and Schedule. 8.3.2 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, and make recommendations to the Owner when, in the opinion of the Owner’s Project Manager, requirements of the Designer’s contract with the Owner are not being fulfilled. 8.3.3 The Owner’s Project Manager shall promptly review all Designer submissions and shall meet with the Designer to discuss those submissions. Upon completion of its review, the Owner’s Project Manager 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. 8.3.4 The Owner’s Project Manager shall coordinate the timely review of the design between the Designer and the Commissioning Consultant. The Owner’s Project Manager shall be responsible for providing the necessary documents to the Commissioning Consultant for its review, distributing review comments made to the Designer and Owner and coordinate the timely resolution and incorporation of the Commissioning Consultant’s recommendations. The Owner's Project Manager shall not be responsible for the Commissioning Consultant’s performance, but if the Owner’s Project Manager becomes aware of any performance or lack of performance issues with the Commissioning Consultant, the Owner’s Project Manager shall immediately notify the Owner of such issues. 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. Prepare independent construction cost estimates pursuant to Section 8.1.2.2 of this Contract, for comparison with the Designer’s cost estimates. (Two estimates during Task 8.4) 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. 8.4.2 The Owner’s Project Manager shall 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 Owner’s Prequalification Committee. 8.4.3 The Owner’s Project Manager shall review the construction documents in line with the Project Scope and Budget Agreement. 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 in the General Requirements. 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 Owner 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 to determine that plans and specifications include the recommendations made during design development 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 Owner when, in the opinion of the Owner’s Project Manager, requirements of the Designer’s contract with the Owner are not being fulfilled. 8.5 Bidding Phase 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 § 44D½ and § 44D¾ as applicable, including participation as a member of the Owner’s Prequalification Committee. b. Attend, and assist the Owner with, all pre-bid conferences and meetings and, assist, if directed by the Owner. c. Attend, and assist the Owner with, all sub-bid and general bid openings and, assist, if directed by the Owner. 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 Owner 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 Owner 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 City/Town/Regional District. 8.5.2 The Owner’s Project Manager shall make recommendations to the Owner relative to the award of a construction contract. 8.5.3 The Owner’s Project Manager shall assist the Owner 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 Owner 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 Owner with required copies of executed construction contract documents. Construction Phase 8.6 Construction The Owner’s Project Manager shall provide supervisory and inspection staff (including specialists), necessary for the safe, quality, on-budget, on-schedule completion of the Project in accordance with the construction contract documents and applicable permits from Notice to Proceed of the construction contract to contract close-out. 8.6.1 The Owner’s Project Manager shall monitor the Designer’s administration of the Owner-Contractor Agreement including processing of submittals, issuance of timely decisions and directives and assuring each consultant or subconsultant to the Designer make 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 a 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 Owner’s Project Manager or as a subconsultant to the Owner’s Project Manager. 8.6.2.1 The Project Representative shall be subject to the approval of the Owner and the Owner reserves the right to require the Owner’s Project Manager to replace the Project Representative at any time during the course of the Project. 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 Project. 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 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. 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 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 Owner’s Project Manager shall submit the recommended schedule of values for the Contractor 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, 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 Owner 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 determine 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 including work installed, volume measurements, time sheets, crew sizes and mixes, and equipment utilized. 8.6.5.5 The Owner’s Project Manager shall determine 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 Owner. 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 Owner. 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 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. 8.6.5.12 The Owner’s Project Manager shall shoot and maintain Project progress photographs and videography 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 Owner 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 Owner within three business days of the meeting. 8.6.8 The Owner’s Project Manager shall schedule the Owner, as required to support the construction schedule, to provide commissioning services and reports as required. 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 Owner 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 verify 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 The Owner’s Project Manager shall oversee and monitor the procurement of furniture, fixtures, equipment and technology that is not included in the construction contract. 8.7 Completion Phase 8.7.1 The Owner’s Project Manager shall conduct inspections of all completed work at substantial completion to develop punch lists; verify substantial completion of work; assist in 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 first prepare its own detailed punch list and shall then coordinate a subsequent walk-through with the Designer, adding to the Owner’s Project Manager’s prepared punch list. The Owner’s Project Manager and the Designer shall then coordinate a walk-through with the Owner to finalize the punch list. The Owner’s Project Manager shall then be responsible for tracking and confirming the completion of the punch list items. 8.7.2 The Owner’s Project Manager shall monitor the activities and responsibilities of the Designer and the Contractor in the closeout and commissioning of the Project. 8.7.3 The Owner’s Project Manager shall assist in securing, 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 and the Owner. 8.7.4 The Owner’s Project Manager shall assist the Owner in completing the written evaluation of the Designer(s) pursuant to M.G. L. c.149, § 44A½) 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. ARTICLE 9: EXTRA SERVICES 9.1 General 9.1.1 Extra Services are those services requested by the Owner 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 Owner. 9.1.2 The proposed cost, scope and schedule of all Extra Services shall be presented to and approved by the Owner 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 Owner, 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 Owner, 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 of the general bid if not the fault of the Owner’s Project Manager; 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 concerning replacement of any work damaged by Acts of God, fire, explosion, flood, extreme weather conditions, terrorist acts or other similar cause, but not the result of errors, omissions, negligence, or means and methods employed by the General Contractor or a Subcontractor during construction; 9.2.7 Assisting the Owner in litigation, claims resolution or non-binding mediation arising out of the Designer contract and 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 Provide other services requested by the Owner 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, and 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. ARTICLE 10: REIMBURSABLE EXPENSES 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, 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 Owner. 10.1.2 Any other specially authorized reimbursement deemed essential by the Owner, in the Owner’s sole discretion, in writing. 10.2 Non-Reimbursable Items: The Owner 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 Owner, compensation for such Extra Services shall be made under Article 9. ARTICLE 11: RELEASE AND DISCHARGE 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 Owner 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 Owner with, or prior to, the last invoice. ARTICLE 12: ASSIGNMENT, SUSPENSION, TERMINATION 12.1 Assignments 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 Owner. Likewise, any successor to the Owner’s Project Manager must first be approved by the Owner 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 Owner may, at any time, upon fifteen (15) days written notice to the Owner’s Project Manager, suspend this Contract. If the Owner 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 Owner 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. 12.3.2 By written notice to the Owner, the Owner’s Project Manager may terminate this Contract: (a) if the Owner, within thirty (30) days following written notice from the Owner’s Project Manager of any material default by the Owner under the Contract, shall have failed to cure such default; or (b) if, after the Owner’s Project Manager has performed all services required during any phase prior to construction, at least six (6) months have elapsed without receipt by the Owner’s Project Manager ...