Legal Notice to Completion - DOC

Document Sample
Legal Notice to Completion - DOC Powered By Docstoc
					Legal Notice

                                   Town of Bolton, MA
                               Request for Proposals (RFP)
                      Owner’s Project Manager (OPM) Services for the
                      Construction of the Bolton Public Safety Center

In accordance with Massachusetts General Laws, Chapter 149, Sec. 44A½, and Chapter 193 of
the Acts of 2004, the Public Construction Reform Law, the Bolton Public Safety Center
Construction Committee (PSCCC), on behalf of the Bolton Selectmen, are seeking to retain the
services of an Owner’s Project Manager (OPM) to represent the Town’s interests in managing
the design, development and construction of the Town-approved renovation and expansion of
the Bolton Fire Station, located at 15 Wattaquadock Hill Road, Bolton, Ma. into a Public Safety
Center housing the police, fire and ambulance departments. The estimated construction cost is
$4.2 million, with the total project cost estimated at $5.985 million. The design phase proposed
timeline is for Spring into Summer 2008, with the construction phase beginning in Fall 2008,
with a target completion date of Winter 2009/2010. Documents from previous studies including,
measurements, descriptions, schematic site plans, floor plans, etc., are available online at Must have current license and
registration by the Commonwealth of Massachusetts as an architect or professional engineer,
with a minimum of five years experience in the construction and supervision of Public Safety
Buildings, or if not licensed as described, then seven years supervisory experience in the
construction of buildings of similar size and scope of complexity. A Clerk-of-the-Works must be
provided and overseen during the active construction phase. The fee will be negotiated with the
selected OPM. The RFP will be available after 11:00 a.m. on January 8th, 2008 in the Town
Secretary’s office, Town Hall, 663 Main Street, Bolton, MA 01740, 978-779-2297. Proposals,
sealed and clearly marked “Bolton Public Safety Center Project, Response to RFP for OPM
Services,” are due no later than 11:00 a.m on February 4th, 2008 in the Town Administrator’s
office, 663 Main Street, Bolton, MA 01740. The contact is Jodi Ross, Town Administrator, 978-
779-3300 or The Bolton Board of Selectmen is the
awarding authority. The Town reserves the right to reject any or all bids and to only award a
contract if it is in the best interest of the public to do so. The Town of Bolton is an
EEO/MBE/WBE employer.
                                         Town of Bolton
                     Request for Proposals (RFP) for
             For the Construction of the Public Safety Center

Project:                                 Bolton Public Safety Center Construction


Location:                                15 Wattaquadock Hill Road, Bolton, MA

Estimated Construction Cost:             $4.2M

Estimated Total Project Cost:            $5.985M

Project Size:                            17,287 gross square feet (approx. 4,860 SF renovation of
                                         existing fire station)

Proposed Time Line:                      Design Phase projected for Spring/Summer 2008

                                         Construction Phase projected to start Fall 2008

                                         Project Completion Winter 2009/2010


In accordance with Chapter 149, Section 44A½, and Chapter 193 of the Acts of 2004, the Public
Construction Reform Law, under Massachusetts General Laws, it is the intention of the Bolton
Public Safety Center Construction Committee, on behalf of the Town of Bolton, to retain the
services of an Owner’s Project Manager (OPM) to represent the Town of Bolton’s interests in
managing the process of design development through construction close-out of the Town-approved
renovation and expansion of the Bolton Fire Station into a Public Safety Center, housing the police,
fire and ambulance departments located at 15 Wattaquadock Hill Road Bolton, MA.

Town of Bolton, MA                                                                         Page 1
RFP: OPM Services—Public Safety Center

Town and Public Safety Center History

Located in eastern Worcester County, Bolton is 17 miles northeast of Worcester and 31 miles
northwest of Boston. The town was first settled in 1675. Historically agricultural, the Town of Bolton
has, in the last thirty years (due largely to its proximity to State Routes 117, 85, and 110, and
Interstates 190 and 495) been transformed into a bedroom community and a suburb of Boston. The
population of Bolton has increased rapidly in the last decade, and that growth rate is continuing at

The existing Bolton Police Station is located at 697 Main Street, Route 117, adjacent to other
municipal buildings in the town center. The Proposed Public Safety Center site, 15 Wattaquadock
Hill Road, is a 3.1 acre parcel where the Bolton Fire Station is presently located. The site abuts
both residential homes as well as the Bolton Public Library (which is also undergoing renovation and

The current Police Station, built in 1849, has the honor of being the oldest Police Station in the
Commonwealth of Massachusetts, and has served the town without any significant alterations for
many years. The existing Fire Station (as stated above) will be the site of the new facility. Built of
Concrete Masonry Unit construction in 1964, it is a viable structure that suffers only from lack of
space for current and future needs.

Public Safety Center Building Project

At a Special Town Meeting in November of 2007, Bolton voters approved moving forward with the
project at the budgeted cost of $5.985M, and then approved borrowing of the same amount outside
of Prop 2 ½ at the special town election later that month.

Schematic site plans, renderings, floor plans, and elevations of proposed in Bolton Public Safety
Center are available at

Town of Bolton, MA                                                                        Page 2
RFP: OPM Services—Public Safety Center

Minimum Requirements

Any firms or individuals considered for the OPM role must at least meet the minimum state-
mandated qualifications as listed below. Responses submitted without meeting these requirements
will be deemed “not responsive” and will not be considered.

       Current license and registration by the Commonwealth of Massachusetts as an architect or
        professional engineer, with a minimum of five (5) years experience in the construction and
        supervision of buildings.

       If not licensed as an architect or engineer by the Commonwealth of Massachusetts, then
        seven (7) years supervisory experience in the construction of buildings of similar size and
        scope of complexity.

Project Experience Requirements

The following items are those which the Bolton Public Safety Center Construction Committee
(PSCCC) has determined are important to the success of this project. Any OPM firm considered will
need to show that they have the required project experience to undertake this project. Firms should
not respond to this RFP if they do not meet these required qualifications, as the response will not be

Note: At this time, the PSCCC has not yet selected the construction delivery method for this project.
Standard municipal building projects are conducted under the MA Chapter 149 rules. Alternatively,
recent legislation allows municipalities to consider Construction Manager (CM) at Risk as another
choice for the construction delivery method. The decision of which method to use will be made by
the PSCCC during the OPM selection process, to be somewhat influenced by the experience and
qualifications of the respondents to the RFP.

      Management of a minimum of five large building projects of similar scope as the Bolton Public
       Safety Center project (in the range of $3M to $20M total cost), and at least three Chapter 149
       public projects.

      Experience working with the renovation of Public Safety Buildings is highly desirable but not

      Good working knowledge of the Commonwealth of Massachusetts procurement laws, including
       public building construction with pre-qualified filed sub-bids, etc, i.e. Chapter 149.

      Private sector experience with the CM project delivery method is not required, but this may be
       a relevant selection factor if the PSCCC decides to pursue this construction delivery route.
       Experience with private CM projects should include knowledge of GMP (spell out) negotiation
       and “open book” cost reviews.

      Thorough knowledge of the Massachusetts State Building codes, the Americans with
       Disabilities Act, and applicable construction related codes and regulations.

Town of Bolton, MA                                                                       Page 3
RFP: OPM Services—Public Safety Center

The selected OPM will be directly responsible to the Town of Bolton through the PSCCC, and will act
in the Town’s best interest at every stage of the project. The OPM will be required to manage the
Public Safety Center project and any related project using their extensive construction knowledge,
proven project management methods, and excellent communication skills. At all times the OPM will
operate to the highest professional and ethical standards.

The project services listed below must be provided by an OPM selected to work for the Town of
Bolton to oversee the Public Safety Center project, however this does not constitute an exhaustive
list of every function the OPM should and will perform during the course of the project to manage a
successful on-time and on-budget project.

Pre-Design Phase

         Assist in the preparation of the RFP for Design Services.
         Work with the PSCCC on the selection process for a design team, including RFP creation,
          review, interviews and evaluations.
         Assist with the communication and paperwork with the MA Inspector General’s office should
          the CM at Risk method be chosen.
         Coordinate any early-stage cost checks or estimating that are necessary.
         Provide guidance on any early site-related or environmental issues, especially before the
          design and engineering team are chosen and active.
         Provide coordination with the Library OPM to ensure that no duplicate efforts or resources
          are expended to accomplish combined project efforts (ie sewer force main, public water
          supply, etc.)

Pre-Construction Phase

         Assist with programming activities during the design process.
         Monitor the overall project budget, and work with the PSCCC to control costs; make
          recommendations to the PSCCC concerning potential increases or decreases to the budget,
          including evaluation of alternatives.
         Review the designer’s work for quality, efficiency, and cost effectiveness.
         Initiate or evaluate value engineering proposals during design and engineering stage.
         Provide constructability and coordination review during the preparation of final construction
         Take the lead role in directing the cost estimating (and re-estimating) process at specific
          milestones during the design and pre-construction stage.
         In consultation with the designer, participate in the bidding process to ensure compliance
          with bidding requirements and encourage bidder participation.
         Review invoices from the architect and make recommendations to the PSCCC as to
         Prepare and maintain a Project Master Schedule, and a preliminary construction schedule.
         Develop and implement a quality control program to be followed during construction.
         Under Chapter 149, coordinate activities including prequalification of contractors,
          development of a contractor bid list, review of contractor bids and final selection. Also work
          with the architect to manage the subcontractor bid review and procurement process. Review
          the plans and specifications to ensure that the work is clearly described and broken down in
          accordance with the requirements of Chapter 149 sections 44A-44M.

Town of Bolton, MA                                                                        Page 4
RFP: OPM Services—Public Safety Center
      In a CM at risk process, assist the PSCCC in choosing a CM, followed by negotiation of the
       Guaranteed Maximum Price (GMP).

Construction Phase

      Ensure that all required permits are secured.
      Monitor progress of construction on a daily basis, including attendance at all construction
       Project Meetings.
      Provide a Clerk-of-the-Works during the active construction phase. OPM to provide
       necessary oversight of the Clerk to ensure that all required duties are being performed in a
       competent and timely manner. (The PSCCC may consider a part-time Clerk for this project
       – hours required to be determined through consultation with the OPM and architect.)
      Provide oversight and coordination, as necessary, of the construction submittal process to
       ensure compliance with project requirements.
      Provide oversight of the Request for Informations (RFI) process and take action to resolve
       issues when possible.
      Review change order requests in conjunction with the architect and make recommendations
       to the PSCCC regarding the validity and necessity of these expenses. Ensure that the
       architect is maintaining appropriate tracking and control of the change order process.
      Review the contractor’s schedule on a regular basis for accuracy and compliance with
       promised milestones, and advise the contractor, designer and the PSCCC regarding any
       concerns with the progress of construction.
      Work with Town Inspectors to facilitate their visits and review of the construction site.
      Monitor the architect’s involvement and performance on construction-related issues.
      Working with the architect, review payment requisitions from the contractor for accuracy and
       make recommendations as to payment.
      Review invoices from the architect and report on accuracy to the PSCCC to ensure prompt
       review and processing of applications for payment.
      Monitor quality of construction at all times, using any pre-established quality control
      Ensure that appropriate “as-built” drawings are being created and maintained, and that the
       contractor is properly recording and retaining all required manuals, samples, cut sheets, etc.,
       related to the quality and nature of the construction in progress on the job site.
      In general, facilitate communication and problem-solving between all team members.
       Promote a collaborative rather than adversarial relationship between all parties.
      Prepare a monthly report summarizing the progress of design and construction of the project,
       highlighting important events and raising pending issues that must be addressed.
      Attend meetings of the PSCCC and all other meetings, as necessary, with the
       Architect/Engineer, the contractor, other town agencies and any other town representatives
       relating to the project.
      Maintain a complete project file, including, but not limited to correspondence, daily and
       monthly reports, payment records, schedules, and files on particular issues as they arise.

Closeout Services

      Assist the architect, the Clerk and the PSCCC in the preparation of final project punch lists,
       and facilitate their timely completion.
      In consultation with the architect, advise the PSCCC on the timing of the approval of the
       Contractor’s notice of final completion.
Town of Bolton, MA                                                                      Page 5
RFP: OPM Services—Public Safety Center
      Assist the PSCCC and Police, Fire and Ambulance staff in the planning and implementation
       of all moving activities.
      Review all warranty documents, as-built plans and manuals to ensure compliance with the
       design requirements.
      Ensure that all building commissioning and turnover is completed properly and all applicable
       town officials, including town administrator, building inspector, Department of Public Works,
       public safety and engineering personnel are completely informed about the ongoing
       operation and repair of building systems and equipment.
      Make sure that the Town receives a complete list of all Subcontractors and Suppliers and the
       applicable warranties and certificates of warranty of both.

Ongoing Services

      At all times during the project, the OPM will keep the PSCCC and other town officials
       informed of all aspects of the project, at an appropriate level of detail to allow decision
       makers to understand their responsibilities and options.
      Prepare a monthly report summarizing the recent progress on the project, highlighting
       milestones achieved, and raising pending issues to be addressed. Specifically, issues that
       affect the budget will be highlighted and researched immediately. The report will include a
       regularly updated Master Project Schedule that incorporates the construction schedule.
      Attend meetings of the PSCCC and all other meetings, as necessary, with the
       Architect/Engineer, the contractor, other town agencies and any other town representatives
       relating to the project.
      Assist the PSCCC and the architect in the selection and acquisition of Furniture Fixtures and
       Equipment (FF&E) that will be installed during (or after) the final stages of construction.
       Work with the PSCCC to develop an inventory of required FF&E, and create a timeline and
       monitoring system so that all necessary items will be procured and installed and operational
       by opening day of the new facility.
      Assist the PSCCC in procuring any non-construction related services, consultants or
       materials required on the project.
      Maintain complete project files of any and all paperwork, both important and routine.
      OPM agrees to be available for any future litigation on an hourly basis separate from the
       initial fee if required.

Town of Bolton, MA                                                                    Page 6
RFP: OPM Services—Public Safety Center

The submitted proposal must correspond exactly to the format and required content listed in the
chart below. Firms are required to clearly tab proposals in order to increase the fairness and
efficiency of the review process. Responses that do not meet the required format may be rejected
outright, or may be subject to a lower rating when evaluated. Please also note the suggested
lengths of each section – excessively large proposals with unnecessary extra content are

Information about the logistics of the actual submission process is provided in Section 7 below.

Tab   Section                                  Topics to be Included

 A    Cover letter                              Overview of the firm
                                                Competitive advantages over other OPMs
      1 to 2 pages                              Experience with -- and opinion of -- CM delivery
                                                 method if applicable
                                                Appointment of a key point person for this firm
                                                 during the selection process and their contact info

 B    Previous Project Experience               Begin this section with a one-page text overview
                                                 of your recent project history, and include mention
      1 page introduction                        of your on-time and on-budget record, and
                                                 describe any experience your firm has with
      Chart or list should be as brief as        sustainable building methods and LEED
      possible to cover the material             certification
                                                Make a chart of all projects in the range of $3 to
      A few pictures are fine, and you may       $20M total project cost completed in the past 10
      highlight 1 or 2 projects with extra       yrs.
      text, but do not include large            The firm must have completed at least 5 projects
      quantities of boilerplate material on      in this size range, and at least 3 public projects
      these projects                             completed under Chapter 149 rules. Describe any
                                                 experience with public safety building construction
                                                 and/or renovation.
                                                Information provided in the chart about each
                                                 project should include:
                                                 1. Name and location
                                                 2. Client
                                                 3. Your firm’s role and responsibilities in this
                                                 4. Building use
                                                 5. Completion date
                                                 6. Dollar value of total project (approx.)
                                                 7. Dollar value of construction (approx.)
                                                 8. New construction or renovation or both
                                                 9. Size in GSF, indicate size of renovation vs.
Town of Bolton, MA                                                                     Page 7
RFP: OPM Services—Public Safety Center
                                           10. Public safety, police or fire station aspects if
                                           11. Chapter 149, CM, or other construction
                                           12. Name and contact information for reference
                                           13. Other comments or description as relevant
                                          Projects outside of this size range may be
                                           mentioned if there is specific relevancy to Bolton’s
                                           public safety center project
                                          If a proposer has been or is currently involved in
                                           litigation on a project, provide a narrative
                                           description of the litigation and identify all parties

 C    References and Reputation           Project references to be provided in conjunction
                                           with project experience section above
      1 page                              Other references may be provided if they are
                                          Please note any awards or other recognition
                                           awarded to your firm that is relevant to your OPM

 D    Project Approach                    Describe your firm’s approach to project
                                           management, and why you are different from
      Limit to 2 to 4 pages                other OPM firms
                                          Discuss your methods of communicating with your
                                           clients throughout a project
                                          Provide three examples of the depth of your firm’s
                                           experience, and how this knowledge helped a
                                           client to achieve a goal or avoid a large problem
                                          Describe any IT or other tools used to increase
                                          If you feel that the CM at Risk program would be
                                           an attractive option for this project (or not), please

 E    Proposed Staffing                   Names, experience, and qualifications including
                                           professional credentials such as registration as an
      No more than 2 pages per person      architect, professional engineer, or construction
                                           supervisor of all staff who would be assigned to
                                           the project (attach resumes of all individuals).
                                          Proposed project organization, describing levels
                                           of involvement and responsibility, and
                                           contingency plans

Town of Bolton, MA                                                                Page 8
RFP: OPM Services—Public Safety Center
 F    Firm Stability and Capacity         Describe the firm’s history and ownership
                                          Divulge any past financial problems that were
      1 to 2 pages                         made public, such as bankruptcy filings
                                          Describe your firm’s work load at this time and
                                           your ability to undertake and commit to this
                                          Demonstrate ability to secure general liability
                                           insurance, workers compensation, and
                                           automobile insurance for all proposed staff.
                                          Provide evidence that the proposer has at least
                                           $2.0 million professional liability insurance policy
                                           currently in place.

G     Required Forms                      Certificate of Non-Collusion
                                          Certificate of Compliance with State Tax Laws
                                          Statement on MGL & Building Code

                                         Samples of these forms are attached to this RFP

Town of Bolton, MA                                                                Page 9
RFP: OPM Services—Public Safety Center

OPMs who have met the minimum stated qualifications will be evaluated and ranked by the PSCCC
based on the criteria in the chart below. All firms will be evaluated by the same criteria. All actions
by the committee will be recorded in writing, including any votes and written statements explaining
the choice of rankings.

The PSCCC will evaluate and assign ranks to each proposal section using the following categories:
Highly Advantageous, Advantageous, Acceptable, or Unacceptable. Any proposal that receives an
“Unacceptable” rating for any of the criteria sections may be rejected. In addition to the materials
submitted within the proposal, the PSCCC will contact the listed references and may ask for
additional information or a clarification of any responses.

The rankings done by the individual committee members for each proposal will be combined with the
results of reference checks to determine an overall score for each respondent. These scores will
then be used to determine the final ranking of the respondents and to identify the top-ranking firms to
be interviewed.

Tab A General Quality of the Response

Evaluation Criteria        Scoring Rubric
                           Highly                   Advantageous         Acceptable          Unacceptable
General Quality of         Met and/or exceeded      Met all RFP          Met all basic       Did not meet
Response                   all RFP                  requirements,        proposal            one or more
                           requirements,            including format,    requirements,       response
                           including format,        understanding of     some follow-up      requirements.
                           understanding of         project,             for clarification
                           project,                 completeness of      and
                           completeness of          proposal             amplification of
                           proposal                                      proposal
                                                                         elements may
                                                                         be allowed.

Tab B Previous Project Experience

Evaluation           Scoring Rubric
                     Highly                Advantageous       Acceptable                 Unacceptable
Experience           Successful            Successful         Successful                 Management of
with projects        management of         management of      management of 3            fewer than 5
of similar size      >5 similar projects   >5 similar         similar projects ($3M to   similar projects
and scope            ($3M to $20M)         projects ($3M to   $20M) and 2 Ch. 149        and/or fewer
                     and >3 Ch. 149        $20M) and >3       public projects            than 3 Ch. 149
                     public projects       Ch. 149 public                                public projects.
                     AND sustainable       projects
                     building and/or
                     LEED experience
Town of Bolton, MA                                                                       Page 10
RFP: OPM Services—Public Safety Center
Public Safety      Successful            Successful           Demonstration of          No experience
Building           management of 5       management of        relevant                  with Public
Construction       or more Public        2 or more            skills/experience in      Safety projects.
Experience         Safety Building       expansion and        managing
                   expansion and         renovation of        renovation/construction
                   renovation            Public Safety        of Public Safety
                   projects.             building projects.   facilities.
CM AT-Risk         ------                Private sector       No experience with CM     -----
Delivery                                 experience with      At-Risk Delivery
Method                                   CM At-Risk           Method
                                         Delivery Method

Tab C References and Reputation

Evaluation            Scoring Rubric
                      Highly Advantageous         Advantageous           Acceptable             Unacceptable
Reference checks      Outstanding                 Outstanding            Good or “would-        Any references
                      recommendations from        recommendations        repeat”                which
                      all reference checks, at    from all reference     recommendations.       indicated
                      least 2 of which            checks.                                       caution or
                      involved                                                                  expressed any
                      renovation/expansions                                                     reservations.
                      of Public Safety

Tab D Project Approach

Evaluation            Scoring Rubric
                      Highly Advantageous          Advantageous          Acceptable             Unacceptable
Project Approach      Proposer provided an         Proposer provided     Proposer provided      Proposer did
                      excellent response           an excellent          an adequate            not provide
                      which made appropriate       response and          response that          adequate
                      reference to all of the      addressed most of     addressed most of      responses to
                      items under the (4)          the items under (4)   the items under (4)    most of the
                      Scope of Services and        Scope of Services     Scope of Services      items under
                      (5) Submission               and (5)               and (5)                (4) Scope of
                      Package section D            Submission            Submission             Services and
                                                   Package section D     Package section D      (5) Submission
                                                                                                section D

Tab E Proposed Staffing

Town of Bolton, MA                                                                      Page 11
RFP: OPM Services—Public Safety Center
Evaluation           Scoring Rubric
                     Highly                       Advantageous             Acceptable             Unacceptable
Team Members         Highly qualified staff;      Highly qualified         Qualified staff;       Inadequate
                     project leader with          staff; project leader    good project           information
                     outstanding personal         with outstanding         leader                 regarding
                     recommendations and          personal                 recommenda-            proposed team
                     specifically relevant        recommendations.         tions.                 members
                     experience (Public                                                           and/or project
                     Safety Facilities); staff                                                    leader:
                     back-up and additional                                                       qualification,
                     resources available if                                                       background,
                     needed.                                                                      experience,

Tab F Firm Stability and Capacity

Evaluation          Scoring Rubric
                    Highly                       Advantageous             Acceptable                Unacceptable
Firm Stability      Strong demonstration         Strong                   Adequate                  Inability to
and Capability      of financial stability       demonstration of         demonstration of          demonstrate
                    and capacity to              financial stability      financial stability       financial stability
                    undertake project.           and capacity to          and capacity.             and/or available
                    Demonstration of             undertake project.                                 capacity to
                    civic recognition, and                                                          undertake
                    overall excellent                                                               project within
                    company reputation.                                                             required

Town of Bolton, MA                                                                              Page 12
RFP: OPM Services—Public Safety Center
Finalist Interview—if invited

Evaluation          Scoring Rubric
                    Highly                 Advantageous         Acceptable            Unacceptable
Interview           Proposer clearly       Proposer clearly     Proposer described    The proposer
                    reviewed the process   reviewed the         the process and the   did not
                    as it would unfold,    process and work     work product. The     adequately
                    described the work     product, Some of     staff who would be    describe the
                    that would be          the staff who        involved was not      process or work
                    delivered, and was     would be involved    present.              product. Staff
                    convincing of the      was present and                            was not present
                    depth of their         established a                              at interview.
                    expertise. Staff who   comfortable dialog
                    would be involved      with selection
                    was present at         committee.
                    interview. Each team
                    member was able to
                    establish a
                    comfortable dialogue
                    with the selection

Town of Bolton, MA                                                               Page 13
RFP: OPM Services—Public Safety Center

Submission Logistics

         Proposals are due by 11:00 A.M. on Monday, February 4th, 2008 in hard copy form, when
          they will be opened and registered by the Town Administrator, in the presence of witnesses.
          No fax or email submissions will be considered.

         Deliver hard copies by hand or by delivery service to:

          Bolton Public Safety Center Construction Committee
          C/O Town Administrator
          Bolton Town Hall
          663 Main Street
          Bolton, MA 01740

         Proposals must be sealed, and the package or envelope clearly labeled with the following:
                Bolton Public Safety Center Construction Project
                Response to RFP for OPM Services
                Responder’s name and address

         Please make note of Town Hall hours of operation (shown on the Town’s website) when
          scheduling delivery.

         Provide 10 copies of the proposal in final form, two digital copies, and one loose hard copy in
          case additional copies need to be made for review purposes.

         Late proposals will not be considered. Modifications must be in writing, sealed and clearly
          labeled as such, and submitted to the Town Administrator prior to the date and hour of

         A proposal may be withdrawn by written request prior to the deadline.

         The Town is not planning to conduct an information session in Bolton prior to the proposal
          submission deadline.

         Questions must be submitted in writing, via email, fax or US Mail to the Town Administrator
          at least five (5) days in advance of the deadline for the proposal submittal. (Contact
          information available at All parties who have received a copy of the
          RFP will also be notified of any published answers to substantive questions.

Selection Process

         Based on the ranking of respondents using the evaluation criteria and process explained
          above, the BPSCBC will attempt to interview at minimum three applicants for interviews. The
          committee will interview the finalists, and will rank them in order of qualification and quality of

         The PPSCC requires that the person(s) who will be the principal contact for the project
          participate in the interview.

Town of Bolton, MA                                                                           Page 14
RFP: OPM Services—Public Safety Center
       Following the interviews, the highest ranking firm will be contacted, and a fee negotiation
        period will take place between the selected firm and one or more representatives of the
        Town. This negotiation will determine whether there will be a fixed fee or an hourly fee, and
        what the amounts will be. At this time, the cost and method of payment for the required
        Clerk-of-the-Works will be discussed and incorporated into the final agreement.

       If a mutually acceptable compensation agreement cannot be worked out between the
        parties, the Town reserves the right to terminate negotiations with the highest ranking firm,
        and begin discussions with the next highest finalist.

       The Bolton Board of Selectman is the awarding authorities for this project. They have
        assigned the PSCCC the task of reviewing and making recommendations based on an
        evaluation of qualified proposals.

Proposed Timeline

Proposal submission deadline                           February 5, 2008
Proposals reviewed / finalists notified                February 20, 2008
Finalists interviews                                   February 27, 2008
Award of OPM contract                                  March 6, 2008

Town of Bolton, MA                                                                      Page 15
RFP: OPM Services—Public Safety Center

         No member of the PSCCC, the Board of Selectman, or the Town Administrator may have
          any financial or other connections to the OPM being considered for the project.

         The Town of Bolton reserves the right to reject any or all proposals or any parts thereof or to
          solicit new proposals and to award contracts as it deems in the best interest of the Town.

         The Town reserves the right to waive informalities in a proposal and to award a contract in
          the best interest of the Town.

         The Town will require a Certificate of Non-Collusion, a Tax Certification, a Certificate of
          Authority, and a Statement on MGL Building Code from the selected firm. (Examples

         A sample of the Town’s Standard Professional Services Contract is also attached for review.

         Information contained in the RFP and successful proposer’s proposal shall be incorporated
          into and become part of the Contract Agreement.

         The successful respondent will be required to indemnify, hold harmless, and defend the town
          against any and all claims, including attorney’s fees, for all damages to life and property that
          may occur, by the contractor, any subcontractors, or any others under his/her control or
          influence. Proof of insurance is required indicating coverage for General Liability
          ($2,000,000), Automobile Liability ($1,000,0000, Professional Liability ($2,000,000) and the
          statutory Workers Compensation insurance requirement per the Commonwealth of
          Massachusetts, with the town of Bolton named as additional insured is required.

         All proposals must be unconditional and shall be deemed to be public records and will
          become the property of the Town of Bolton. If an applicant believes that their proposal
          contains proprietary or trade secret information that the applicant is not willing to make
          public, such information may be submitted in a separate envelope clearly marked
          “Confidential”, and every attempt will be made to hold such information in confidence, while
          complying with the Massachusetts Public Records Law.

         The Town of Bolton shall not be liable for any costs incurred by proposers in preparing,
          submitting or presenting proposals, or in satisfying and demonstrating requirements.

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

         The selection of the successful firm shall be made without regard to race, color, sex, age,
          religion, political affiliation, or national origin. Women and minority owned businesses are
          encouraged to apply.

         Purchases of goods and services by the Town of Bolton are exempt from the payment of
          federal and Massachusetts state taxes. Bolton’s tax exemption number is 04-6001092.


Town of Bolton, MA                                                                         Page 16
RFP: OPM Services—Public Safety Center

                                CERTIFICATE OF NON-COLLUSION

The OPM certifies under penalties of perjury that it has not offered, given, or agreed to give,
received, accepted, or agreed to accept, any gift, contribution, or any financial incentive whatsoever
to or from any person in connection with the contract. 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. Furthermore, the OPM certifies under the penalties of
perjury that throughout the duration of the contract, it will not have any financial relationship in
connection with the performance of this contract with any materials manufacturer, distributor or
vendor. The provisions of this section shall not apply to any stockholder of a corporation the stock of
which is listed for sale to the general public with the Securities and Exchange Commission, if such
stockholder holds less than ten per cent of the outstanding stock entitled to vote at the annual
meeting of such corporation.

______________________________________                                 ________________
Signed                                                                 Date

Name of OPM (Owner’s Project Manager

Town of Bolton, MA                                                                     Page 17
RFP: OPM Services—Public Safety Center
9.      REQUIRED FORMS Page 2

                                            Tax Certification

Pursuant to M.G.L. Chapter 62C, Sec. 49A, and M.G.L. Ch. 151A, Section 19A, the undersigned
acting on behalf of the Contractor, certifies under the penalty of perjury that, to the best of the under
sign’s knowledge and belief, the Contractor is in compliance with all laws of the Commonwealth of
Massachusetts relating to taxes, reporting of employees and contractors, and withholding and
remitting child support*.

_____________________________________                  ________________________________
**Signature of Individual                              ***Contractor’s Social Security Number
                                                       Or Corporate Contractor Federal Identification

By: __________________________________                   Date: ______________________
Corporate Officer
(Mandatory, if applicable)

*The provision in the Attestation of relating to child support applies only when the Contractor is an

**Approval of a contract or other agreement will not be granted unless the applicant signs this
certification clause.

**Your social security number will be furnished to the Massachusetts Department of Revenue to
determine whether you have met tax filing or tax payment obligations. Providers who fail to correct
their non-filling or delinquency will not have a contract or other agreement issued, renewed or
extended. This request is made under the authority of Massachusetts General Laws, Chapter 62C,
section 49A.

Town of Bolton, MA                                                                        Page 18
RFP: OPM Services—Public Safety Center
9.     REQUIRED FORMS Page 3

                           STATEMENT ON MGL AND BUILDING CODE

I certify that all information is submitted under penalties of perjury and that I am familiar with the
State Building Code and also Massachusetts General Laws, Chapter 149, Section 44A-44H, Section
44M, Chapter 149A, Chapter 193 of the Acts of 2004 and Chapter 30, Section 39M.

_______________________________________                        ____________
Signed                                                         Date


Town of Bolton, MA                                                                     Page 19
RFP: OPM Services—Public Safety Center
                             STANDARD GENERAL CONTRACT FOR
                                 PROFESSIONAL SERVICES

Agreement effective the ______day of _____________ 20____by and between the Town of
Bolton, 663 Main Street, Bolton, MA 01740, a duly existing municipal corporation in the
Commonwealth of Massachusetts, through its duly elected Board of Selectmen or its Town
Administrator as signed below, with no personal liability to themselves hereinafter referred to as
the "Town" and (name & address)
________________________________________________ hereinafter referred to as the


WHEREAS the Contractor will furnish the Town with PROFESSIONAL SERVICES and;

WHEREAS the Town desires to obtain such from Contractor in a timely manner and;

WHEREAS it was one of the conditions of the award of this contract that a formal agreement
should be executed, by the Contractor and Town, evidencing the terms of the award.

NOW THEREFORE in consideration of the mutual covenants contained the parties agree as

ARTICLE I: Contractor shall furnish Town with:

subject to and in compliance with all conditions, covenants, stipulations, terms and provisions
contained in the specifications, instructions to bidders and related documents, which if attached
hereto are shown as lettered Exhibit(s) ______ _______ _______ and which are incorporated
herein by reference, for the sum equal to the aggregate purchase price of $_________ to be
furnished by Contractor at the prices and rates specified in the proposal, which if also attached
hereto is shown as Exhibit ________ and which is incorporated herein by reference.

ARTICLE II: Contractor shall commence the performance of this contract within _____ days of
receiving written notice to proceed and shall have completed the work on or before
________days after notice was received.

ARTICLE III: Contractor covenants and agrees to faithfully perform all of its obligations under
this agreement and the incorporated documents hereto. Said performance shall be in a
professional and workmanlike manner and in accordance with the standard of care and conduct
that is generally acceptable in the business or profession.

ARTICLE IV: In addition to any other warrantees or guarantees in any documents incorporated
herein by reference, Contractor warrants that what is being provided, described above in Article
I, as the subject matter of this contract, is fit for the use or purpose intended. Contractor further
Town of Bolton, MA                                                                    Page 20
RFP: OPM Services—Public Safety Center
certifies the suitability, professionalism and capability of all individuals employed to furnish any
services specified in Article I above.

ARTICLE V: The contractor shall purchase and maintain such insurance as will protect it from
claims which arise out of or result from the Contractor’s operations under the contract, whether
such operations be by itself or by any subcontractor or anyone directly or indirectly employed by
any of them. The insurance required shall be with a company authorized to do business in the
Commonwealth of Massachusetts and satisfactory to the Town, and shall be written for limits of
the liability satisfactory to the Town, and shall include insurance in the following amounts:

               LIABILITY - $2,000,000 MINIMUM
               UMBRELLA - $2,000,000 MINIMUM
               AUTOMOBILE $1,000,000 MINIMUM
               WORKER’S COMPENSATION - per statutory requirements

Certificates of Insurance acceptable to the Town, naming the Town as an additional insurer,
shall be submitted to the Town simultaneously with the execution of the Contract.

ARTICLE VI: The Town has waived the cost of the building permits if required for this project.
All permits must still be obtained by the appropriate Contractors as normally required.

ARTICLE VII: This project is Tax Exempt. The tax exemption number will be furnished to the
General Contractor by the Owner after award of the contract.

ARTICLE VIII: Termination/Right to Stop Work. The Town may terminate this contract if (a) any
material misrepresentation is made by the contractor; (b) any failure by the Contractor to
perform any of its obligations under this contract, including but not limited to, the following: (i)
failure to commence performance of this contract at time specified due to a reason or
circumstance within the Contractor’s reasonable control; (ii) failure to perform this contract with
sufficient personnel and equipment or with sufficient material to ensure the completion of this
contract within the specified time due to a reason or circumstance within the Contractor’s
reasonable control; (iii) failure to perform this contract in a manner reasonably satisfactory to the
Town; (iv) failure to promptly re-perform, within reasonable time, the services that were rejected
by the Town as erroneous or unsatisfactory; (v) discontinuance of the services for reasons not
beyond the Contractor’s reasonable control; (vi) failure to comply with a material term of this
contract; and, (vii) any other acts specifically and expressly stated in this contract as constituting
a basis for termination of this contract.

The Town may order the Contractor in writing to suspend, delay, or interrupt all or any part of
the work for such a period of time as it may determine to be appropriate for the convenience of
the Town. The Town may terminate this Contract at any time, with or without cause, upon thirty
(30) days written notice to the other party, sent by certified mail, to the usual place of business
of the other party.

ARTICLE IX: Damages - From any sums due to the Contractor for performance of this contract,
the Town may keep for its own the whole or any part of the amount for expenses, losses and
damages incurred by the Town as a consequence of the need to hire a third party to perform the
work required by this contract, including the cost of labor and equipment as a result of any event

Town of Bolton, MA                                                                    Page 21
RFP: OPM Services—Public Safety Center
of default, failure, omission or mistake of the Contractor in performing the work as provided in
this Contract.

It is further agreed by the Contractor that, in the event the Town is sued in a court of law or
equity, or demand is made upon the Town for payment of any damages arising out of the
Contractor’s performance or non-performance of this Contract, then the Contractor, without
reservation, shall indemnify and hold harmless the Town against any and all claims arising out
of the Contractor’s performance or non-performance of the Agreement.

ARTICLE X: Governing Ordinances and Laws - This contract is made subject to all the laws of
the Commonwealth and the By-laws of the Town and if any such clause thereof does not
conform to such Laws or Bylaws, such clause shall be void (the remainder of this Contract shall
not be affected) and such Laws or By-laws shall be operative in lieu thereof.

ARTICLE XI: Equal Opportunity: The Contractor, in the performance of all work under this
contract, will not discriminate on the grounds of race, color, sex, age, religious creed, disability,
national origin or ancestry, sexual orientation, marital status, family status, military status, or
source of income in the employment practices or in the selection or retention of subcontractors,
and in the procurement of materials and rental of equipment. The Town may cancel, terminate
or suspend the contract in whole or in part for any violation of this Article.

ARTICLE XII. Assignability: The Contractor shall not assign, sell, subcontract or transfer any
interest in this contract without prior written consent of the Town.

ARTICLE XIII. Notice:         Any notice to be given by either party to the other shall be deemed
duly given if mailed, via certified mail, return receipt requested, as follows:
        In the case of the Town to:

Jodi Ross
Town Administrator
Town Hall
663 Main Street
Bolton, MA 01749

       In the case of the Contractor to:

ARTICLE XIV. Amendments:            This contract represents the entire agreement between the
parties and the terms of this contract may not be altered or amended except by writing by the
parties with the same formalities as this agreement.

ARTICLE XV. Severability:             If any provision of this Agreement or any portion of such
provision shall be held invalid or illegal, than the remainder of this Agreement or the remainder
of such provision shall not be affected thereby.

Town of Bolton, MA                                                                   Page 22
RFP: OPM Services—Public Safety Center
ARTICLE XVI. Interpretation of Specifications and Contract Requirements:            A decision of
interpretation of the specifications, approval of equipment, material or any other approval, or
progress of the work by the Contractor, shall be made promptly and, in any event, no later than
thirty days after the written submission for decision by the Town, but if such decision requires
extended investigation and study, the Town shall, within thirty days after the receipt of the
submission, give the party making the submission written notice of the reasons why the decision
cannot be made within the thirty day period and the date by which the decision will be made.

ARTICLE XVII. Indemnification: The Contractor hereby assumes the entire responsibility and
liability for any and all injuries to, or death of, all persons, including the Contractor’s employees,
and for any and all damage to property caused by, resulting from, or arising out of, any act,
omission or neglect on the part of the Contractor or anyone directly or indirectly employed by
the Contractor.

ARTICLE XVIII: The Town agrees to faithfully pay the Contractor, when due and payable, and
under the terms of all such incorporated documents and instruments to this agreement, all such
contracted sums.

IN WITNESS WHEREOF, the parties hereto have set their hand and seals to this Agreement on
the ________ day of __________, 20___.

Availability of Funds:                                Town of Bolton by its
                                                      Board of Selectmen
_____________________                                 Date of Board Vote __________
Town Accountant
As to Form:
Town Counsel


_____________________                                 ____________________________
Witness                                               Signature



                                               Corporate Seal

Town of Bolton, MA                                                                    Page 23
RFP: OPM Services—Public Safety Center

Description: Legal Notice to Completion document sample