Code of Massachusetts Regulations › 963 CMR - MASS. SCHOOL BUILDING AUTHORITY › Title 963 CMR 2.00 - School Building Grant Program › Section 2.07 - Forming the Project Team - Module 2

Current through Register 1525, July 5, 2024
(1) Following the
			 Eligibility Period and a successful Board of Directors vote to be invited into
			 the Feasibility Study phase of the Authority's grant program, the Eligible
			 Applicant will work with the Authority to form the project team and select an
			 Owner's Project Manager and a Designer.
(2)
Owner's Project
			 Manager.
(a) If the estimated
			 construction, renovation, reconstruction or repair cost of the Approved Project
			 is estimated to be $1,500,000 or greater, or if so required by the Authority as
			 a condition to qualify for funding from the Authority, the Eligible Applicant
			 shall procure the services of an Owner's Project Manager pursuant to the
			 provisions of M.G.L. c. 149, § 44A½, 963 CMR 2.00 and any
			 guidelines established by the Authority, and shall use standard contract forms
			 established by the Authority.
(b)
			 Prior to publishing an advertisement to procure an Owner's Project Manager, the
			 Eligible Applicant shall review and adhere to the Authority's Owner's Project
			 Manager Selection Guidelines. Requirements of such Guidelines may include but
			 are not limited to, identification of a procurement administrator who may be a
			 voting member of the Selection Committee identified by the School Building
			 Committee. The Eligible Applicant shall use forms and processes that are
			 acceptable to the Authority.
(c)
			 Prior to executing a contract with the Owner's Project Manager, the Eligible
			 Applicant shall request the Authority's approval of the Owner's Project
			 Manager, in a form prescribed by the Authority and attend a meeting of the
			 Authority's Owner's Project Manager Review Panel to present their selection of
			 an Owner's Project Manager. The Authority shall, in its sole discretion,
			 approve or disapprove of the selection of the Owner's Project Manager. The
			 Authority may collect and maintain performance evaluation data relative to
			 Owner's Project Managers that have been approved by the Authority on school
			 projects and such performance evaluation data may be utilized in the Owner's
			 Project Manager approval process. In the event that the Authority determines
			 that an Owner's Project Manager is not performing to the satisfaction of the
			 Authority, the Authority retains the right to rescind its approval of an
			 Owner's Project Manager at any time or withhold initial approval based on the
			 performance evaluation data that has been collected by the Authority. The
			 Authority may determine that expenditures or project costs related to an
			 Owner's Project Manager whose approval has been rescinded are ineligible costs
			 and not reimbursable.
(d) Prior to
			 executing a contract with the Owner's Project Manager, the Eligible Applicant
			 shall submit documentation to the Authority describing in sufficient detail the
			 selection process utilized in procuring the Owner's Project Manager and
			 certifying in writing to the Authority that the Applicant used a
			 qualifications-based selection process pursuant to M.G.L. c. 149, §
			 44A½.
(e) In the event that
			 the Eligible Applicant elects to change the Owner's Project Manager during the
			 course of the Approved Project, the Eligible Applicant shall notify the
			 Authority in the format prescribed by the Authority 30 calendar days prior to
			 the effective date of any such change. The Authority shall, in its sole
			 discretion, approve or disapprove of the change of the Owner's Project Manager
			 prior to said change becoming effective, which approval shall not be
			 unreasonably withheld.
(f) The
			 duties of the Owner's Project Manager shall include, but not necessarily be
			 limited to:
1. managing and coordinating the
			 daily administration of the Approved Project to completion and final
			 audit;
2. reviewing and submitting
			 deliverables, in accordance with the requirements and timeline established by
			 the Authority;
3. monitoring and
			 reporting on the project schedule, total project budget and cash
			 flow;
4. monitoring and reporting
			 on the Requests for Information from the general contractor to the designer or
			 to anyone else on the project team;
5. monitoring and reporting on the
			 performance of the general contractor and providing administration of the
			 contract between the Eligible Applicant and the general contractor;
6. monitoring and reporting on the
			 performance of the designer and providing administration of the contract
			 between the Eligible Applicant and the designer;
7. assisting the Eligible Applicant in the
			 procurement of other vendors and contractors and execution of other contracts
			 and agreements associated with the Approved Project;
8. maintaining all records and reports
			 related to the project;
9.
			 assisting the Eligible Applicant in preparation of requests for reimbursements,
			 and other documentation required to be submitted to the Authority;
10. assisting the Eligible Applicant with
			 completing the DCAMM Standard Contractor Evaluation Form at fifty percent
			 project completion and at final completion of the project. Further, the Owner's
			 Project Manager shall assist the Eligible Applicant with completing and filing
			 with the Authority the Authority's 50% DCAMM Notification form and 100% DCAMM
			 Notification form;
11. assisting
			 the Eligible Applicant with completing the DCAMM Standard Designer Evaluation
			 Form at the completion of Schematic Design, at the completion of 100%
			 construction documents, and at final General Contractor/Construction Manager
			 payment. Further, the Owner's Project Manager shall assist the Eligible
			 Applicant with completing and filing with the Authority the Authority's
			 Designer Evaluation Notification form at the completion of each of these three
			 project phases;
12. providing
			 representation at meetings related to the project and at the construction
			 site;
13. notifying, in a timely
			 fashion, the Eligible Applicant and the Authority of defective work;
			 and
14. any other requirements
			 pursuant to 963 CMR 2.00, guidelines, policies or the standard contract as
			 developed by the Authority.
(g) During the course of the Approved
			 Project, the Eligible Applicant shall require the Owner's Project Manager to
			 submit a timely, monthly report of the progress of the Approved Project,
			 including cash flow projections, Affirmative Marketing Program Goals, Workforce
			 Participation Goals for Minorities and Women, and a project schedule, to the
			 Authority. The monthly reports shall be in writing in a form acceptable to the
			 Authority.
(h) During the course of
			 the Approved Project, the Eligible Applicant shall investigate and review, and
			 shall require the Owner's Project Manager to investigate and review, the
			 progress and quality of construction.
(i) The Authority maintains the right to
			 direct the Eligible Applicant to remove the Owner's Project Manager for
			 noncompliance with any applicable provisions of federal, state or local laws,
			 963 CMR 2.00, any other regulations, the terms and conditions of the Project
			 Funding Agreement between the Eligible Applicant and the Authority, or any
			 administrative directives issued by the Authority now in effect or hereafter
			 promulgated and/or any guidelines, policies or rules established by the
			 Authority.
(j) In the event that a
			 dispute arises between the general contractor, and/or any sub-contractors,
			 and/or the designer, including, but not necessarily limited to, disputes
			 regarding the performance, quality, acceptability, fitness and rate of progress
			 of the Approved Project or the requirements of the designer's contract or the
			 contractors' construction contract(s), the Eligible Applicant shall cause the
			 Owner's Project Manager to report any such claims, disputes, or other matters
			 in question relating to the performance by the general contractor,
			 sub-contractor, designer or vendor to the Authority in writing as soon as
			 reasonably possible. The Eligible Applicant shall require the Owner's Project
			 Manager to take all reasonable efforts designed to resolve any such claims,
			 disputes, or other matters in question.
(k) The Eligible Applicant shall provide the
			 Authority and the Owner's Project Manager with unrestricted access to the
			 premises of the project at all reasonable times and to examine all agreements,
			 construction contract documents, books, records and all other documents and
			 materials related to the project, for the purpose of determining compliance
			 with 963 CMR 2.00, the Project Funding Agreement and assessing the progress of
			 the project.
(l) Nothing in 963 CMR
			 2.00 shall be construed as an assumption by the Owner's Project Manager of the
			 responsibilities or duties of the vendors, contractors or designer. The Owner's
			 Project Manager's services shall be rendered based on industry standards 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
			 able to rely upon the vendors, designers and contractors for the proper
			 performance of their obligations pursuant to their respective contracts with
			 the Eligible Applicant.
(m) The
			 Owner's Project Manager shall certify to the Authority, in a format and manner
			 prescribed by the Authority, that the project director for the Owner's Project
			 Manager is certified in the Massachusetts Certified Public Purchasing Official
			 Program for School Project Designers and Owner's Project Managers as
			 administered by the Inspector General of the Commonwealth of
			 Massachusetts.