rfq-st mary pump design (final) - needham, ma

RFQ/P – Designer – St Mary Pump StationTown of Needham - Permanent Public Building Committee

Contract ID# 13PFC-072DSeptember 12, 2012

of 48 Final

LEGAL NOTICE

The Town of Needham invites qualifications and proposals from Architects/Engineers to provideDesign Services, including cost estimates, for addition to and renovation of the Town’s St. MaryStreet Pump Station located at 20 St. Mary Street, Dedham Ave, Needham, MA.

Copies of the Request for Qualifications will be available beginning Wednesday, September 12,2012 after 10:00 AM at the PFD office, 500 Dedham Avenue, Needham, Massachusetts 02492 orby emailing a request to the Project Manager – Phaldie Taliep at [email protected] orfrom the Town’s web site www.needhamma.gov and will be available until submission deadline.

Qualifications (1 original, 5 copies and 1 electronic copy on a CD) must be returned to theDepartment of Public Facilities c/o Phaldie Taliep, 500 Dedham Avenue, Needham,Massachusetts 02492 by 2:00PM Wednesday, October 10, 2012.

Qualifications, with the Fee Proposal in a separate sealed envelope, must be placed in a sealedenvelope marked:

Town of Needham – St. Mary Street Pump StationContract ID# 13PFC-072DQualifications for - “Name of Applicant”

Fax transmissions will not be accepted.

Selected interviews of a short list of candidates, if required, will be conducted by the Town ofNeedham Permanent Public Building Committee (PPBC) and are tentatively scheduled to takeplace on October 22, 2012 at 7:30 P.M

The Designer's fee for the identified services including all reimbursable expenses will besubmitted in a separate envelope from the qualifications and will be broken down into two phases(as shown below).

- Phase 1 Fee (Fixed Fee of $120,000): Work includes Review of Existing Conditions, Previous Studies (cited for background

information), Feasibility Study and Estimates, Schematic Design (SD) and Estimates (theEstimates shall be at a high level). The Fee, including all reimbursable costs, for Part 1 ofthe project is fixed.

- Phase 2 Fee (Provided by Applicant Firm): Work includes Design Development (DD) and Estimates (this task shall include the

Permitting Process for the project), Construction Documents (CD) for a Bid Ready Set ofDocuments, Bidding, Construction Administration (CA) Tasks, and Close-out. TheConsultant shall provide a Fixed Fee, including all reimbursable costs, for Part 2. This feeis subject to negotiation.

The Town of Needham reserves the right to reject any or all qualifications and to accept anyproposal that it considers to be in the best interests of the Town.



of 48 Final

ACKNOWLEDGEMENT OF RECEIPT

Release Date Wednesday, September 12, 2012Qualifications Title St. Mary Street Pump Station DesignID Number 13PFC-072DQualifications Due 2:00 PM Wednesday, October 10, 2012 at the PPBC Office,

Public Services Administration Building, 500 Dedham Ave,Needham, MA 02492

Please provide the requested information below as acknowledgment that you havereceived our Request for Qualifications (“RFQ/P”) noted above. It is required thatinterested bidders complete this acknowledgment and return via Fax to the Town ofNeedham, Attn: Phaldie Taliep – c/o Permanent Public Building Committee at (781)453-2510 or by e-mail to [email protected] or by U.S. mail. Only by doing this,will the Town be able to provide notification of any addenda or answered questionsrelating to this RFQ/P. Only those companies or individuals shown on theDistribution Register will receive addenda to this RFQ/P. By completing andreturning this acknowledgement will ensure you are recorded on the DistributionRegister. Qualifications from companies or individuals not acknowledging the addendamay be rejected as not responsive.

Name of Company orIndividual (Print)Name / Title ofContact (Print)Address (line 1)(Print)Address (line 2)(Print)Telephone NumberFax NumberE-mail Address(Print)

Signature

DateNotes:* Any hand delivery or facsimile received after the due date and time will not be

addressed. Please allow enough time for hand delivery or facsimile transmissions.** Designer acknowledges that documents related to this RFQ/P will be found at two

different locations (1) Town of Needham bid page for RFQ/P documents & Addenda(if any); (2) Town of Needham web site for St. Mary Pump Station Design



of 48 Final

Town of NeedhamProcurement Schedule

RFQ/P ID # 13PFC-072DPrimary Contact for this Procurement(Note new Address, Phone & Fax numbers)

Phaldie Taliep, Project ManagerTelephone 781-455-7550 x 336Email [email protected]

Event Date DetailsProject Name St. Mary Street Pump Station DesignContract ID Number 13PFC-072DRequest forQualifications(RFQ/P) Available

StartingWednesday,September 12, 2012After 10:00AM

Office of the PPBC, Public ServicesAdministration Building, 500 DedhamAvenue, Needham, Massachusetts 02492or by e-mail request to Phaldie Taliep,Project Manager [email protected] or on-line at theTown’s web sitehttp://www.needhamma.gov/bids.aspx

Pre-Proposal SiteVisit & Meeting(Optional)

WednesdaySeptember 26, 2012Starting at 10:00AM

Briefing Session at the St Mary PumpStation Building, located at 20 St MaryStreet, Needham, MA

Deadline for WrittenQuestions

5:00PM TuesdayOctober 2, 2012

(Email isPreferred)

By Fax: Attn: Phaldie TaliepFax # 781-453-2510

By Email (Preferred Method):[email protected] are to be clearly labeled as:St. Mary Street Pump Station Design

Addenda If any changes are made to this RFQ/P, anaddendum will be issued. Addenda will bee-mailed to every individual on record asreceiving the RFQ/P package AND ACOPY WILL BE POSTED ON THETown’s web site. As the RFQ/P package isbeing made available through the Town’sweb site (www.needhamma.gov) it isnecessary for the perspective Bidder toreturn the “ACKNOWLEDGEMENT OFRECEIPT”



of 48 Final

Town of NeedhamProcurement Schedule

RFQ/P ID# 12PFC-072D

Primary Contact for this Procurement(Note new Address, Phone & Fax numbers)

Phaldie Taliep, Project ManagerTelephone 781-455-7550 x 336Email: [email protected]

Event Date DetailsWhen and WhereQualifications areDue*

Deadline:Wednesday

October 10, 2012 at2:00PM

LATE BIDS WILLNOT

BE ACCEPTED

Town of NeedhamPermanent Public Building CommitteePublic Services Administrative Building500 Dedham AvenueNeedham, MA 02492Refer to How and Where to Submit Bids.

Bid SuretyRequirement (BidDeposit)

Bid Surety is NOT required.

Proposal Opening Qualifications will not be publiclyopened. A register of proposers receivedwill be made available upon request afterWednesday, October 10, 2012.

Notify all bidders offinalists selected forinterviews

Tuesday,October16, 2012

Time of late afternoon interviews will bescheduled at time of notification

Finalist interviews(if required)

Monday, October22, 2012Start at 7:30 PM

Interviews will be scheduled with thePPBC in Needham, MA

Notification toSelected Firm**

Tuesday, October23, 2012

Pre-Award Meeting** TBD Award meeting to be held afterNotification to the Selected Firm.

Contract Awarded ** Contract Awardwithin 21 BusinessDays of theInterview

Approval of the PPBC, Town Manager,and Town Counsel is REQUIRED

* Facsimile transmissions for written inquiries must be sent prior to the above date and timedeadlines. Any hand delivery or facsimile received after the due date and time will not beaddressed. Please allow enough time for hand delivery or facsimile transmissions.

** The time for award may be extended by the Town. The Town reserves the right to change,delay, cancel, or expedite the contract award date. The Town reserves the right to rejectany and all bids as determined to be in the best interests of the Town and to waiveminor informalities.

End of Procurement Schedule



of 48 Final

REQUEST FOR DESIGNER QUALIFICATIONS (RFQ/P)

St Mary Pump Station DesignPermanent Public Building Committee

Town of Needham, MASeptember 12, 2012

I. Introduction:

The Town of Needham, through the Town Manager and its Permanent Public BuildingCommittee (PPBC), (“Owner”) is seeking the services of a qualified “Designer” within themeaning of M.G.L. Chapter 7, Section 38A½, to provide Engineering and Architectural DesignServices for Phase 1 of the building and equipment renovations and expansion/upgrades of the St.Mary Street Water Pump Station located at 20 St. Mary Street, Needham, MA. The Designerselected may be eligible to complete Phase 2 of the project (design development, final design,construction administration, and close-out services) on the project if project funding, based up theSchematic Design cost estimates, is approved at Town Meeting. The Town Manager and thePPBC will act as the Awarding Authority for the project.

The Owner through the Permanent Public Building Committee (PPBC) hired CDM Smith Inc. asthe Owner’s Project Manager (OPM) to provide coordination and management services for theproject. The PPBC is responsible for the design, construction and renovation of all publicbuilding construction projects constructed under M.G.L. c. 149 in the Town of Needham. Therenovated St. Mary Street Pump Station will be operated by the Department of Public WorksWater and Sewer Division and the design will incorporate their operational needs

The 2002 November Town Meeting approved Article 26 and the 2010 May Town Meetingapproved Article 39. These are appropriation articles that provide funding for Design of upgradesto the St. Mary Street Water Pump Station.

Project Tasks, Products and Schedule:

Phase Task Product Milestone Date

1

A. Existing Conditions ReviewB. Review CDM Study

Summary Report November 23, 2012

C. Feasibility Study Feasibility Report December 12, 2012

D. Schematic Design (SD)/ SD Submittal/Cost Estimate March 4, 2012

2

A. Design Development (DD) DD Submittal/Permitting August 15, 2013

B. Final Design Bid Set October 30, 2013C. Bidding November 15, 2013D. Construction Administration January 16, 2014E. Substantial Completion June 30, 2015F. Close-out September 15, 2015



of 48 Final

The expected minimum scope of each task is defined in detail below under scope of services.

The project milestones are based on the following: The DD Documents would be presented to the PPBC on or before March 13, 2013. This

is a milestone date necessary for the Town to present the project to the Finance Committeeprior to Spring 2013 Town Meeting. An article will be on the Spring (May) 2013 TownMeeting for funding of the construction the facility.

Selection of a designer will be made by the Permanent Public Building Committee (PPBC) withproject representation by the Town of Needham’s Department of Public Facilities – Construction(PFD-C) and the Department of Works (DPW).

This project anticipates utilizing Town funding for design and construction. The Designerselected for Phase 1 of the Project may be eligible to continue onto Phase 2 of the work under anegotiated fee. Applicants should note that the Town of Needham reserves the right to end thecontract at the end of Phase 1 with the Designer selected for Phase 1 of the work, and to procureservices for Phase 2 through a separate RFP process for Design Development and Final Designthrough to Close-out, if it is in the Town’s best interest.

Selection of a designer will be made by the Permanent Public Building Committee (PPBC) withproject representation by the Town of Needham Department of Public Works (DPW).

Pursuant to M.G.L. c 7, §40N and M.G.L. c. 7, §61, the Supplier Diversity Office (“SDO”)(formerly SOMWBA) and the Division of Capital Asset Management (“DCAM”) have setrevised participation goals for Minority Business Enterprise (“MBE”) and Women BusinessEnterprise (“WBE”) participation for affected state funded building projects and state assistedmunicipal building projects as defined in the above referenced laws and related Executive Orders,including Executive Orders 524 and 526.

Effective January 1, 2012, and until such time as the goals may be revised, the MBE and WBEparticipation goals for building construction and design awards and expenditures on new projectsadvertised on or after the effective date will be a combined MBE/WBE goal as follows:

10.4% combined MBE/WBE participation on construction contract awards;and17.9% combined MBE/WBE participation on design contract awards.

Overall annual designations by awarding authorities, as well as MBE/WBE participation onindividual projects with a combined MBE/WBE participation goal, must include a reasonablerepresentation of both MBE and WBE firms that meets or exceeds the combined goal. ProposedMBE/WBE participation plans that include solely MBE or solely WBE participation or do notinclude a reasonable amount of participation by both MBE and WBE firms to meet the combinedgoal will not be considered responsive. Where the prime contractor or designer is an SDOcertified MBE or WBE, the prime must bring a reasonable amount of participation by a firm orfirms that hold the certification which is not held by the prime contractor or designer on theproject. Proposed participation on construction projects or design projects which consists solely



of 48 Final

of either an MBE or WBE representing 100% of the overall combined goal will not be consideredreasonable participation.

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

Participation by MBE and WBE firms must be documented, tracked and reported on separately asMBE participation and WBE participation by prime vendors, subcontractors and awardingauthorities.

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

Prior to negotiating a contract with the top-ranked designer, the Permanent Public BuildingCommittee will advise the firm to be prepared to provide the following information:

Rationale for the development of fee proposal, Hourly rates for the designer’s personnel and consultants, The markup, if any, that the designer will add to costs, including sub-consultant fees, or

reimbursable expenses, resulting from a change in the scope of work.

II - Background:

The Town of Needham is located approximately 12 miles west of Boston with a population ofabout 30,000 residents. The Town maintains 132 miles of town roads, 52 miles of sidewalk andapproximately 30 acres of the municipal and school parking areas, as well as 15 town parks andrecreation fields, eight school buildings, five municipal buildings, multiple water pumpingstations and related facilities within the 12.75 square mile town boundaries.

During 2006 the Town working with Camp Dresser and McKee (CDM) completed a PreliminaryDesign Report (PDR) for the Upgrade of the St. Mary Street Water Pump Station. ThisPreliminary Design Report Facilities identified renovation and replacement needs for the PumpStation. The Preliminary Design Report is available on the Town of Needham website bynavigating as follows:

http://www.needhamma.gov > For Business > Bidding > or,

http://www.needhamma.gov/bids.aspx



of 48 Final

Preliminary Design Report (PDR) Summary:The Designer should review the “Town of Needham – Upgrade of St Mary Pumping Station,Preliminary Design Report” by CDM (August 2006).

The preliminary design report evaluated the need for the project, reviewed historical waterconsumption, reviewed multiple pump and driver options and considered alternatives for revisingthe buildings envelope to improve the energy efficiency of the structure, to make it blend moreharmoniously into the neighborhood. An initial assessment of hazardous materials within thebuilding was conducted.

Under Phase 1, the designer shall review the Preliminary Design Report (PDR) and shall eitherreaffirm the recommendations or make alternate recommendation, subject to the Facility ProgramSummary noted below.

Preliminary Facility Program Summary:In addition to the recommendations in the PDR noted above, the Designer shall incorporate thefollowing:

- Four (4) variable speed pumps (2 primary and 2 back-up), each with a capacity of3500gpm at 103 ft. TDH to be installed. Note: The Designer shall review and analyze thesystem and confirm the final size of the new pumps

- Upgrade controls (SCADA) for the Pumps- Provide for chemical feed systems (future)- Upgrade the MEP system (HVAC, Electrical, Plumbing etc.), including the existing

Transformer. Security and Monitoring capabilities per Town Standards. Dataconnections (tied to Town Network), Security and Access Controls (tied to town-widesystem)

- Convert the upper level to provide a control room and supervisory office, and office spacefor a Meter Workshop;

- Dedicated room for the electrical gear,- Code compliant bathroom,- Natural Gas powered standby generator- Modifications of the upper level to accommodate miscellaneous water department needs- Provide controlled access to the Pump area- Garage facility for two (2) Water Department vehicles (full size pickup or SUVs).- Additions and changes to the building shall be cognizant of the surrounding residential

nature of the neighborhood, as well as of the existing building.



of 48 Final

III. Scope of Services:The Designer shall submit a Project Work Plan for approval. The work plan will includeidentification of design tasks, work products, staffing levels and consultant assignmentsassociated with the completion of each phase of design. In addition, there should be a breakdownof the fee by each consultant, sub consultant and task. A project calendar must be developed withcoordinated activities and review points for all participants.

The Project Working Group includes the PM and staff members from the PPBC’s PublicFacilities Department-Construction (PFD-C), the Department of Public Works (DPW) - the UserAgency, and the OPM for the Project.

The Project consists of two (2) separate phases; Phase 1 and Phase 2. All work shall beperformed in accordance with all applicable codes and regulations, and standards (includingDCAM’s Designers Procedures Manual). All work (including drawings, specifications,estimates, phasing, etc) shall be coordinated by the Designer.

A. Phase 1:Tasks A and B – Review of Existing Conditions and Existing Documents

These Tasks include review of existing conditions and previously completedreports/studies/applications. The review of existing reports and information shall includebut not be limited to Water Department consumption records from 2005 to the present Master Plan of Needham Water System (by CDM, 1999) St. Mary Street Water Pumping Station - Preliminary Design Report, by CDM

(August 2006). Original construction plans of the Station, by Metcalf and Eddy dated 1957. MWRA continuation of Contract Water Supply dated 11-7-2006 (The MWRA

contract). SRF PEF Application (prepared by Wright Pierce). The town has an existing conditions “Plan of Land” prepared by Norfolk county

Engineering Department in September 2011 which will be available to the selecteddesign firm for preliminary planning.

The review process shall provide background for the preparation of the Phase 1 Work(Feasibility Study, and the high-level Schematic Design submittals) and Phase 2 Work(Design Development and the Permitting Process/Approval, Construction Documents (BidReady Set), Bidding, Construction Administration, and Close-out).

Meetings: Attend a Kick-off Meeting with the Project Working Group. Meet with theProject Working Group, as required, to discuss observations and findings before preparingthe Summary Report. Meet with the Project Working Group to review the SummaryReport.

Product: Submit a Summary Report of Findings. Provide twelve (12) boundphotocopies of the Report with drawings and one (1) digital copy.



of 48 Final

Task C – Feasibility StudyFor the Feasibility Study, the Designer shall evaluate the alternative solutions toaccommodate the Program for the project. The Designer shall recommend a PreferredSolution, and shall support this recommendation by providing the underlying reasons andlogic for the preferred solution. This includes where to locate the various elements of theprogram (addition to the existing building, pumps, garage, offices, etc.).

A Feasibility Report including estimates and drawings (a minimum of 3 options are required)shall be submitted for review and approval by Project Working Group. This will providethe PPBC and the DPW with data for selecting a location, building design, and forconstruction budgeting purposes.

1. Assessment & InvestigationEvaluation shall include on-site inspections, review of previously prepared reports andstudies, plans and specification, interviews with facilities personnel and research asnecessary.

The assessment shall, at a minimum, be structured to review the following majorelements:

a). Review of existing information related to the existing site – Review information in theTown of Needham DPW files for relevant base information for the project. The townhas an existing conditions “Plan of Land” prepared by Norfolk county EngineeringDepartment in September 2011 which will be available to the selected design firm forpreliminary planning.

b). Building Program - Confirm program of spaces with the Project Working Group.c). Site Evaluation – Site evaluation may require additional test holes borings and/or or

wetlands evaluation, as applicable, which must be included as a part of the projectteam capabilities. The evaluation may also include the assessment of landfill and / orrock outcropping constraints and/or opportunities. Such investigations, if required, areto be included within the fee identified. Conceptual site designs of the primaryprogram elements shall show how the programmed elements will fit within theexisting and renovated/expanded structure. Review the Assessment and Investigationoptions with the Project Working Group.

2. Cost Analysis, Priorities and PhasingOnce the Building Program and Site Evaluation are complete, the designer should preparea Preliminary Assessment of project cost range associated with selected options, todemonstrate to the Project Working Group the most cost effective option, and a locationthat works with the town’s long range plans for the ST Mary Pump Station Facility.

3. Feasibility ReportProvide preliminary site and building options for discussion in PowerPoint format atproject meetings and in summary format for distribution. After feedback from theProject Working Group, prepare and provide twelve (12) bound photocopies and one (1)digital copy of Feasibility Report for Project Working Group’s review and approval of apreferred site and building system for the facility.



of 48 Final

Preliminary meetings shall be held with the applicable Town Departments (includingPlanning, Zoning, Conservation, Building, etc.) to identify the applicable permittingprocesses for the implementation of this project. This step is to ensure at the FeasibilityStudy is comprehensive, thorough and complete.

Provide an Implementation Plan and a Phasing Plan for each Option.

Engage a certified hazardous material firm to assess the building and site, including theNSTAR transformer. Itemize the hazardous material encountered and obtainrecommendations for the removal and/or abatement of any hazardous material present.

The estimates shall cover all potential costs, including testing and abatement of allhazardous materials, and back-charges by Utilities.

The Designer shall notify and meet MWRA, NSTAR and other applicable utilities andestablish lines of communication relative to ascertaining design and coordination/permitobligations for the project. This includes, but is not limited to, coordination of MWRArequirements during design and construction, upgrading the electrical service to the site,and obtaining gas service for the facility. It is noted that the transformer is anticipated tobe furnished by and owned by NSTAR.

It is also noted that coordination with MWRA shall include consideration of MWRA plansfor potentially adding additional customers to their system and an evaluation as to theimpact of any such plans on the sizing of the electrical supply and pump selection for thefacility.

Evaluate a minimum of three configurations of the space needs and define the size andlocation of building additions as necessary to accommodate the space needs. Identifycode requirements and space delineation for each space. The information shall include allof the required building elements and systems, and shall include capital and operationalcosts, as well as life cycle costs. Evaluate the building and it elevations that areharmonious with the adjacent neighborhood.

A critical issue is the evaluation of the existing and proposed pumping configurations aswell as the need to define how service would be maintained during construction.

Evaluate structural systems including the extent to which the existing structure willrequire modification, structural requirements associated with pump installation andremoval such as crane, monorail, lifting hooks or other means of pump maintenance. .

Prepare an Assessment of project cost range associated with options evaluated anddemonstrate to the Project Working Group the most cost effective option.

Provide preliminary site and building options for discussion in PowerPoint format atproject meetings and in summary format for distribution. After feedback from the Project



of 48 Final

Working Group, prepare and provide twelve (12) bound photocopies and one (1) digitalcopy of a Feasibility Report for the Project Working Group’s review and approval.

The Feasibility Report shall include the following: Executive Summary A preliminary program of spaces. An analysis of the alternative space configurations to accommodate the program

elements Analysis of alternative MEP/FP systems considered with recommendation on the most

cost effective life cycle cost system. Preliminary layout plan of the building and site, Anticipated cost of construction and projected soft costs for a definition of the TPC, Preliminary Project Schedule, Checklist of approvals required for the project (local, state and/or other), Preliminary site and building drawings as needed for feasibility.

The Designer would proceed with the next Task upon selection of the preferred Option bythe Project Working Group.

Meetings: Meet with the Project Working Group to confirm the parameters for theFeasibility Study. Meet with the Project Working Group to review and approve theFeasibility Report.

Product: Submit a Feasibility Report (analysis, narrative, drawings, estimates, etc.).Provide twelve (12) bound photocopies of the Report with drawings and one (1) digitalcopy.

Task D – Schematic Design (High Level Schematic Design, 40%)

Based upon the preferred option selected during the Feasibility Stage, the Designer shalldevelop a Schematic Design of the selected Option.

Following review of the design with the Project Working Group, the Designer shallprepare a Final Report that includes the Schematic Design Drawings, Site Plan, OutlineSpecification, Project Cost Estimate (high level estimate at 40%), Project Schedule,Phasing Plan, Zoning and Conservation Analysis, Presentation Drawings and other itemsnoted above as project deliverables for review and approval by the Project WorkingGroup. Provide twelve (12) bound photocopies of the Final Report with drawings and one(1) digital copy.

Prepare Schematic Design (SD) documents in accordance with the Feasibility Report’sapproved Option, including.

- Schematic Design drawings. These schematic design drawings must fix and describethe size and character of the entire project(s), including architectural, structural,mechanical and electrical systems, geotechnical work (including subsurface soil



of 48 Final

analysis, necessary test borings and suitability for building) and site work (includingon and off-site utilities required in the work). Consideration shall be given toavailability of materials, equipment and labor, construction sequencing andscheduling, economic analysis of construction and operations, user safety andmaintenance requirements, energy conservation, and “green design”.

- The Designer will prepare a site plan, depicting parking, traffic and pedestrian access,grading, building location and designation of utilities.

- The following services further describe the role of the Designer during the schematicdesign development:

1. Project Administration: consultation; research; conferences; communications;progress reports and minutes of all project meetings attended; direction of work ofin-house personnel. PPBC meetings are usually held on weeknights and theDesigner will be expected to attend as needed.

2. Disciplines Coordination/Document Checking: coordination between architecturalwork and the work of engineering and other involved disciplines for the project;review and checking of documents prepared for the project.

3. Architectural Design/Documentation: plans, sections, elevations, study models,equipment layouts.

4. Structural Design/Documentation: alternate structural systems and dimensions;preliminary sizing of major structural components.

5. Mechanical Design/Documentation: approximate equipment sizes and capacities;preliminary equipment layouts; required space for equipment; required chases andclearance, visual impacts.

6. Electrical Design/Documentation: criteria for electrical and communicationssystems; approximate sizes and capacities of major components; preliminaryequipment layouts; required space for equipment; required chases and clearances.

7. Geotechnical: test borings, soil analysis, compaction suitability, and site drainage.8. Traffic Design Documentation9. Statement of Probable Construction Cost:

a. availability of materials and laborb. project delivery proceduresc. construction sequencing and scheduling (design development through

construction)d. cost estimate (including comparisons between new construction and renovation

of existing buildings)

10. The Designer will provide recommendations (including effects on scheduling,) onconducting construction work during operations of the Pump Station

The SD phase shall include drawings and estimates. Independent tests for hazardousmaterials shall be performed.



of 48 Final

The submittal shall be cognizant of any phasing, or implementation issues, including butnot limited to shut-down of the systems,

Alternatives for equipment and material shall be provided, including MEP systems, andbuilding finishes, etc. Prepare an Implementation Plan and a Phasing Plan.

Define the intended and necessary design elements in sufficient detail to prepare anestimate of probable construction cost of the facility. Designer shall prepare plans andbasis of design documentation in sufficient detail to define the major equipment required,develop a sequence of construction that maintains the Town’s ability to pump MWRAsupplied water into the Town’s system at all times during the project life, and that definesthe architectural, structural, heating, instrumentation and electrical basis of design insufficient detail to support an engineer’s estimate of probable construction cost that has anaccuracy of +20% and -30%.

The Schematic Design shall provide the PPBC, PFD-C and DPW with sufficient data toallow for evaluation of the information from a constructability perspective.

The Schematic Design submission shall include as a minimum: Schematic Site Plan with preliminary grading and drainage plan, Schematic Building Drawings, Zoning analysis with a compliance checklist, A construction sequencing plan that maintains pump station operation. A construction cost estimate for the site work, site improvements, buildings,

equipment and soft costs, Project milestone schedule, including preliminary town and state permitting (and

approval) steps, List of any additional survey, or investigation work required for the project, Summary of correspondence with gas and electrical utility providers Hazardous Materials assessment and recommended remediation/demolition approach. Summary of MWRA requirements Presentation drawings for public approval meetings. Detailed Estimate for the work, including all filed sub-bid items, etc.

Meetings: Meet with the Project Working Group to review the Schematic Design (SD)Submittal. Attend Public Meetings with abutters/local residents as required to explain theproject and to address any concerns.

Product: Submit Schematic Design Documents, including but not limited to, OutlineSpecifications, Drawings, Schedule, Implementation Plan, Estimates (including UtilityBack-charges, etc.), Cut-Sheets, Hazardous Test Results, etc. Provide twelve (12) boundphotocopies of the Report with drawings and one (1) digital copy.



of 48 Final

B. Phase 2 (Future)Task A – Design Development (75%) and Permitting Process

This Task includes meeting with the Town of Needham’s Departments to initiate andconduct the Permitting Review / Process for the project. This step shall run concurrentlywith the development of the 75% Design Development (DD) Documents. In addition,this step may necessitate the need to meet with other Departments in the Town ofNeedham.

Prepare a set of detailed Design Development (DD) documents in accordance with theapproved SD Document, including all comments and missing/outstanding information.The DD phase shall include detailed information for the following:- Specifications, drawings, estimates, phasing plan, implementation plan, coordination

work, etc.

In this phase the designer will prepare the Design Development documents, consisting ofthe items noted above, to fix and describe the size and character of the entire project,including architectural, structural, mechanical and electrical systems, landscaping, and sitework (including on and off-site utilities required in the work.) Consideration shall begiven to availability of materials, equipment and labor, construction sequencing andscheduling, economic analysis of construction and operations, user safety andmaintenance requirements, energy conservation, and “green design”.

The following services further describe the role of the Designer during designdevelopment:

- Project Administration: consultation; research; conferences; communications;progress reports and minutes of all meetings attended; direction of work of in-housepersonnel. PPBC meetings are usually held on weeknights and the Designer will beexpected to attend as needed.

- Disciplines Coordination/Document Checking: coordination between architecturalwork and the work of engineering and other involved disciplines for the project;review and checking of documents prepared for the project.

- Agency Consulting/Review/Approval: agency consultations; research of applicableregulations; preparation of written and graphic explanatory material; appearances onthe Needham PPBC’s behalf at agency and community meetings, including local,regional and federal agencies.

Note: The services under Task A above apply to applicable laws,statutes, regulations and codes of regulating entities and toreviews required of user or community groups with limited orno statutory authority but significant to approvingagencies/individuals.

- Architectural Design/Documentation: plans, sections, elevations; typical constructiondetails; three-dimensional sketches; study models; final materials selections;equipment layouts.



of 48 Final

- Structural Design/Documentation: structural systems and dimensions; final structuraldesign criteria; foundation design criteria; sizing of major structural components;critical coordination clearances; detailed specifications.

- Mechanical Design/Documentation: comparison analysis of various fuel sources forHVAC systems, including availability, efficiency, economics, and life cycling;approximate equipment sizes and capacities; equipment layouts; required space forequipment; required chases and clearance; acoustical and vibration control; visualimpacts; energy conservation measures.

- Electrical Design/Documentation: criteria for lighting, electrical and communicationssystems; approximate sizes and capacities of major components; preliminaryequipment layouts; required space for equipment; required chases and clearances.

- Civil Design/Documentation:1. developments of the following plans at 1” = 40’-0” for on/off-site civil engineering:

a. topographic plans showing existing and proposed gradesb. site layout plans, including access from adjoining street(s)c. site utility plans, including off-site connections

2. the required plans shall take into account existing conditions, including propertylines, structures, significant vegetation, paved surfaces, exposed and undergroundwaterways, above ground and subsurface storage tanks, underground utilities,utility poles and lines, old foundations, abandoned slabs, manhole covers and othersignificant or relevant site features. Surveying is considered an extra service

3. analysis of the location, condition, available capacities and plans for placement ofwater mains, sanitary and storm sewers, electricity, gas, communication lines,street lighting, etc

4. coordination of geotechnical analysis to establish soils and subsurface conditionsthrough available soil borings and test pits, and additional test borings & pitsdeemed necessary to the project

5. preliminary material lists6. detailed specifications

- Geotechnical Analysis of Site Subsurface Conditions including coordination andreview of soil borings and test pits, evaluation of data and recommendations forfoundation systems and coordination. Note: Soil borings are an additional costbeyond the Designer’s base fee.

- Landscape Design/Documentation1. development of landscape design2. development of landscape design documents, including:

a. plans at 1”=40’-0” identifying the type and location of all planting, sitefurnishings and materials not a part of civil design work

b. details at appropriate scalesc. Detailed specifications

- Statement of Probable Construction Cost including: availability of materials and labor,project delivery procedures, construction sequencing and scheduling and cost estimate.

- Presentations made by the Architect1. regular presentations of drawings and documentation to the working group on a

regular basis at workshop sessions



of 48 Final

2. presentation of Notice of Intent materials to working group and to localconservation commission through receipt of Order of Conditions

3. development of a full “Basis of Design” to establish control and satisfy the needsidentified in the study programNote: Design Development tasks shall further include the

requirements set forth in “Designers Procedures Manual”,Division of Capital Asset Management, June 2005, and theContract for Designer’s Services.

The Design Development submission shall include as a minimum: A Site Plan with preliminary grading and drainage plan, Building Drawings including site, architecture, MEP, Structural, Civil, Survey, etc Zoning analysis with a compliance checklist, A construction sequencing plan that maintains pump station operation. A construction cost estimate for the site work, site improvements, buildings,

equipment and soft costs, Project milestone schedule, including the complete town and state permitting and

approval requirements. The Designer shall complete the required Permittingrequirements for the project

Summary of correspondence with gas and electrical, telephone, cable, and other utilityproviders

Hazardous Materials assessment and recommended remediation/demolition approach. Summary of MWRA requirements Presentation drawings for public approval meetings. Detailed Estimate for the work, including all filed sub-bid items, etc.

Meetings: Meet with the Project Working Group to review and conduct the PermittingProcess (and requirements) including meetings with relevant Town Departments for thepermitting requirements for the project. Meet with the Project Working Group to reviewDesign Development (DD) Submittal. Provide information on discussions with Utilities,etc. Attend Public Meetings with abutters/local residents as required to explain theproject and to address. The Designer shall include a minimum of four (4) meetings,including 1 public meeting and shall provide the cost for any additional meetings.

Product: Summary Report to describe the meetings, requirements, progress and approvalsfor the Permitting Process all applicable Departments. DD Submittal, including DetailedSpecifications, Drawings, Estimates (including Utility Back-charges, etc.), Cut-Sheets,Hazardous Test Results, etc.

Task B – Final Design Documents (100% Bid Set)The Designer shall proceed with work to prepare the Final Design Documents for theproject upon written approval from the Project Working Group.

The Final Design Document shall be a Bid-ready set of drawings, specifications andestimate in accordance with acceptable industry standards for Public Projects in



of 48 Final

Massachusetts. The Bid Set shall be fully coordinated by the designer and its sub-consultant team. The estimate shall include all back-charges, fees, etc. for the proposedproject.

In this phase the Designer will prepare the Construction Documents consisting ofDrawings, Specifications, cost estimate and other documents setting forth in detail therequirements for construction of the Project and bidding and contracting for theconstruction of the Project. The following services further describe the role of theDesigner during the Construction Document phase;

A. Project Administration: consultation; research; conferences; communications;progress reports and minutes of all meetings attended; direction of work of in-housepersonnel. PPBC meetings are usually held on weeknights and the Designer will beexpected to attend as needed.

B. Disciplines Coordination/Document Checking: coordination between architecturalwork and the work of engineering and other involved disciplines for the project;review and checking of documents prepared for the project; confirmation of existingor “as-built” conditions.

C. Agency Consulting/Review/Approval: agency consultations; research of applicableregulations; preparation of written and graphic explanatory material; appearances onthe Needham PPBC’s behalf at agency and community meetings, including local,regional and federal agencies.

Note: The services under Part C above apply to applicable laws, statutes,regulations and codes of regulating entities and to reviews required of useror community groups with limited or no statutory authority but significantto approving agencies and individuals.

D. Construction Sequencing:- Early in the construction documents phase, the Designer shall work with the

Owner’s project manager to assist him in preparing one or more detailedconstruction sequencing proposals for the work. This Schedule shall reflect arealistic assessment of how the work can be implemented within the constraints. Itshall define what work can occur during occupied periods. It shall define whattasks will require the work of multiple shifts to accomplish the work in theavailable time. With the schedule, the Designer shall include a written summaryof the proposed schedule, including all assumptions made in the development ofthe schedule.

- As the construction documents phase nears completion, the Designer shall issue afinal construction sequencing for review and approval of the Project WorkingGroup.

E. Civil Design/Documentation: services during the Construction Documents Phaseconsisting of preparation of final civil engineering calculations, Drawings andSpecifications setting forth in detail the civil construction requirements for the Project.

F. Landscape Design/Documentation: services during the Construction Documents Phaseconsisting of preparation of Drawings and Specifications setting forth in detail thelandscape requirements for the Project.



of 48 Final

G. Architectural Design/Documentation: services during the Construction DocumentsPhase consisting of preparation of Drawings setting forth in detail the architecturalconstruction requirements for the Project.

H. Structural Design/Documentation: services during the Construction Documents Phaseconsisting of preparation of final structural engineering calculations, Drawings andSpecifications setting forth in detail the structural construction requirements for theProject.

I. Mechanical Design (including plumbing and fire protection)/Documentation: servicesduring the Construction Documents Phase consisting of preparation of finalmechanical engineering calculations, Drawings and Specifications setting forth indetail the mechanical construction requirements for the Project.

J. Electrical Design/Documentation: services during the Construction Documents Phaseconsisting of preparation of final electrical engineering calculations, Drawings andSpecifications setting forth in detail the electrical construction requirements for theProject.

K. Statement of Probable Construction Cost: At the end of the Design Developmentphase and as the construction documents phase nears completion, the Designer shallprepare a construction cost estimate utilizing the services of a professional CostEstimator. The estimate shall be prepared in the standard CSI format and shall reflectthe costs associated with unusual job scheduling, sequencing, phasing, etc. The reportshall be submitted for review and approval of the PPBC. If the cost estimate is greaterthan the funds available, the Designer shall modify the design to work within thespecified budget.

L. Materials Research/Specifications conducted by in-house architectural personnelM. Bid Document:

1. development and preparation of Bid Documents which describe the time, place,and conditions of bidding, and bidding forms between the PPBC and Contractor(s)

2. development and preparation of the Conditions of the Contract (General,Supplementary, and other Conditions)

3. development and preparation of architectural specifications describing materials,systems and equipment, workmanship, quality and performance criteria requiredfor the construction of the Project

4. coordination of the development of Specifications by all other disciplines5. compilation of Project Manual including Conditions of the Contract, Bidding

Documents and Specifications

Meetings: Meet with the Project Working Group to review the Final Design Documentsto ensure that the documents are fully coordinated and that all possible cost items havebeen addressed and included in the documents. Meet with relevant Town Departments tofacilitate the Permit Application process by the various Town Department, includingspecial permits, building permits, etc.

Product: Final Bid Set Documents (including drawings, specifications, and costestimate) for final review and approval by the Town of Needham and the OPM. Prepare



of 48 Final

Phasing and Implementation Plans for review and approval by among others the PlanningDepartment as part of any permit applications.

Task B – BiddingIn conjunction with the OPM, prepare the Central Register Advertisement for review andapproval.

Provide support and information necessary for the completion and submission of theAdvertisements, including the CR Advert, the Legal Advertisement and WebAdvertisement. Check References of the Sub-Bidders and the apparent low GeneralBidder; work with the OPM during this process.

Addenda services consisting of preparation of Addenda as may be required during biddingand including supplementary Drawings, Specifications, instructions and notice(s) ofchanges in the bidding schedule and procedure.

Bidding services consisting of: prequalification of bidders, participation in pre-bidconferences, responses to questions from Bidders and clarifications or interpretations ofthe Bidding Documents by addenda, attendance at bid opening(s), and documentation ofbidding results.

Bid Evaluation services consisting of: validation of Bids, participation in reviews of Bids,evaluation of Bids, and recommendation on award of the Contract for Construction.

Construction Contract Agreements services consisting of: preparation of constructioncontract agreement forms for approval by the PPBC.

Meetings: Attend Pre-bid Briefing Session(s) and address Requests for Information (RFI)during bidding from General and Sub-Contractors. Prepare Addenda in response toquestions. Liaise with the OPM and coordinate the transmittal Addenda to Bidders.Attend Sub-Bid and General Bid Openings, and assist the OPM in the preparation of theSub-Bid Tabulation and distribution of same to all Bidders. Work with the OPM toprepare the Bid Documents, and evaluate Bids (Sub-Bids and Sub-Bids). Assist the OPMduring the Bid Award Process.

Product: Bid Documents, Addenda, Sub-Bid Tabulation, Reference Checks, etc

Task C – Construction AdministrationThe PPBC will hire a n owner’s project manager (OPM) who will be responsible for theday to day site supervision and coordination services. In this phase, the Designer willsupport the work of the OPM and will also provide construction services as describedbelow.

A. Project Administration services, consisting of construction contract administrativefunctions including: consultation; research; conferences; communications; travel time,progress reports and direction of work of in-house architectural personnel.



of 48 Final

B. Disciplines Coordination/Document Checking services consisting of constructioncontract administration activities for: coordination between architectural work and thework of engineering and other involved disciplines for the project;review and checking of documents prepared for the project.

C. Agency Consulting/Review/Approval services during the Construction ContractAdministration Phase relating to applicable laws, statutes, regulations and codes ofregulating entities relating to the Town’s interests during construction of the Project.

D. Office Construction Administration services consisting of:

1. processing of submittals, including receipt, review of, and appropriate action onShop Drawings, Product Data, Samples and other submittals to Contractor and/orDesigner’s field representative as required

2. distribution of submittals to the PPBC, Contractor and/or the PPBC’s fieldrepresentative as required

3. maintenance of master file of submittals4. related communications

E. Administration of Construction Meetings:1. Regular meetings will be held at the job site to review the progress of the Work.

The meetings will be attended by the Designer (as noted below), Contractor, andOwner’s Project Manager (OPM). The Designer will have his consultants inattendance as needed. The meetings will be administered by both the Designerand OPM, with the OPM responsible for meeting minutes and identifying actionitems.

2. The designer shall work with the OPM in preparing meeting minutes after eachmeeting. The meeting minutes shall be distributed to all attendees, and allmembers of the PPBC before the next meeting, An agenda of new items for thenext meeting shall be attached to the meeting notes.

F. Construction Field Observation services consisting of visits to the site at intervalsappropriate to the stage of construction or as otherwise agreed in writing to becomegenerally familiar with the progress and quality of the Work and to determine ingeneral if the Work is proceeding in accordance with the Contract Documents, andpreparing related reports and communications. Site field observations and recording ofsame shall conform to Town of Needham standards as established by Town’s BuildingDepartment.

G. Inspection Coordination services relating to independent inspection and testingagencies consisting of:1. recommending scope, standards, procedures and frequency of testing and

inspections2. evaluating compliance by testing and inspection agencies with required scope,

standards, procedures and frequency3. review of reports on inspections and tests and notifications to the PPBC and

Contractor(s) of observed deficiencies in the WorkH. Supplemental Documents services consisting of preparation, reproduction and

distribution of supplemental Drawings, Specifications and interpretations in responseto requests for clarification by Contractor(s) or the PPBC

I. Quotation Requests/Change Orders services consisting of:



of 48 Final

1. preparation, reproduction and distribution of supplemental Drawings,Specifications to describe Work to be added, deleted or modified

2. review of proposals from Contractor(s) quantities and costs of labor andmaterials

3. review and recommendations relative to changes in time for completion of theproject

4. assisting in the preparation of appropriate Modifications of the Contract(s) forConstruction

5. coordination of communications, approvals, notifications and record keepingrelative to changes in the Work

6. recommendation of Contractor’s request for extensions of timeJ. Project Schedule Monitoring services consisting of monitoring the progress of the

Contractor(s) relative to established schedules and making status reports to the PPBC.K. Construction Cost accounting services consisting of evaluation of Application for

Payment and certification thereof.L. Project Closeout services initiated upon notice from the Contractor(s) that the Work in

sufficiently complete, in accordance with the Contract Documents, to permitoccupancy or use of facility for which it is intended, and consisting of:1. a detailed inspection with the working group representatives for conformity of the

Work to the Contract Documents to verify the list submitted by the Contractor(s)of items to be completed or corrected

2. recommendation of the amounts to be withheld until final acceptance3. securing and receipt of consent of surety or sureties, if any, to reduction in, or

partial release of, retainage or the making of final payment(s)4. issuance of Certificate(s) of final acceptance5. inspection(s) upon notice by the Contractor(s) that the Work is ready for final

inspection and acceptance6. notification to Contractor(s) of deficiencies found in follow-up inspections7. final inspection with the working group representatives to verify final completion

of the Work8. receipt and transmittal of warranties, affidavits, receipts, record drawings, releases

and waivers9. issuance of final Certificate(s) for Payment

Note: Construction Administration tasks shall further include therequirements set forth in “Designers Procedures Manual”, Divisionof Capital Asset Management, June 2005, and the Contract forDesigner’s Services.

Meetings: Attend Project Meetings chaired by the OPM, and review Construction Workwith the OPM to identify deviation from the Bid Documents. The Designer shall attendproject meetings on a monthly basis; a total of 20 Project Meetings shall be carried by theDesigner. The Designer shall provide a fee for any additional meetings.

Note: Responsibility for full coordination of disciplines rests with the Designer,and as such, meetings over and above the 20, would be evaluated in detailby the PPBC.



of 48 Final

Product: Prepare Field Observation Reports to include with project meetings andobservation reports prepared by the OPM. Submit approvals of submittals via SubmittalExchange (or equal) to all parties, and provide hard-copies of Approved Submittals to thePPBC. Sketches and Drawings as required. Review As-Built Drawings, and Approveand sign Periodic Payments. Prepare Substantial Completion and Final Completiondocuments for review and approval by the OPM. Attend PPBC Meetings as required toexplain Monthly Payment Requests and Change Orders; work with the OPM to preparethe required documents.

Task D – CloseoutThe Designer shall work with the General Contractor to prepare the Close-out Documents,including As-Built drawings, Warranties, Equipment cut-sheets, etc.

Meetings: Meet with the OPM to review the Contractor’s Close-out Documents.

Product: Provide 6 copies of the Close-out Documents, including electronic copies of alldocuments. Drawings in the close-out documents shall be 11" x 17". A separate full-size hard copy of the drawings as well as and 11 x 17 set shall be provided for the TownFiles.

C. Meetings and Communication

Based upon the agreed Work Plan the designer shall attend work/review meetings asnecessary with Needham’s PPBC, PFD-C, and DPW Administrators, and representatives fromrelevant Town Departments. These meetings are for gathering information and to provideproject updates and/or recommendations through out the project.

The Designer shall maintain a high level of communication with the PPBC’s projectrepresentatives, and selected Town Administrators during the study. During this first phase ofwork the designer shall make presentations to the PPBC, Town boards and/or Board ofSelectmen in comprehensive format, at project milestones. Six (6) presentations and/orworkshops are included as a part of the project basic services during this Phase 1.

During Phase 2 of work, the designer shall make presentations to the PPBC, Town boardsand/or Board of Selectmen in a comprehensive format, at project milestones. Three (3)presentations and/or workshops are to be included as a part of the scope of services.

The Designer shall, with their monthly invoice, submit a monthly progress report identifyingtasks completed, tasks delayed, any changes to the project scope of services that haveoccurred or are anticipated. Monthly progress report shall include an updated scheduleshowing status graphically.

Designer shall establish for the project an E-room or equivalent where the project deliverablesand correspondence will electronically reside and be available to all project participants.Alternatively the Designer can utilize the E-room that is established by the OPM.



of 48 Final

IV. Response to RFQ/P – Designer QualificationsThis RFQ/P will be appended to and become part of the Contract for Designer Services. AnyDesigner selected as a result of this RFQ/P will be required to execute the “Agreement betweenOwner and Designer” that is attached hereto (Attachment A). Designers submitting anapplication in response to this RFQ/P must specify any exceptions to the Contract at the time ofapplication. The Owner may consider any such exceptions but shall not be bound by any suchexceptions. A failure to specify exceptions will be deemed an acceptance of the Contract's termsand conditions.

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

A. Project Work PlanThe estimated total duration of this Contract for Designer Services, up to the acceptance of a finalreport, is estimated to be 6 months. As a requirement of this RFQ/P, each respondent mustinclude a project work plan. It is anticipated that a contract for services will be awarded on orbefore November 14, 2013.

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

In evaluating qualifications, the Owner and Permanent Public Building Committee will considerthe members of the proposed design team. Identify those member(s) of the proposed design teamwho will be responsible for the following categories of work: (Firm’s name, individual’s nameand Massachusetts professional registration or license number, as applicable, must be listed in theapplication for each category of work.

1. Mechanical/Pump Station Engineer System2. Instrumentation Engineering3. Civil Engineering4. Architecture5. Structural Engineering6. MEP /FP Engineering7. Cost Estimating8. Geotechnical Engineering9. Land Surveyor10. Hazardous Materials Consultant

Applicants must address each category of work listed above in their application whether itis to be performed by in-house staff or by a sub-consultant(s). Some of these categories of



of 48 Final

Design expertise (noted with an asterisk*) may have minimal involvement in the Feasibilityand Schematic Design phase of the work, but will have more detailed involvement in thefinal design documents and therefore should be identified at this time.

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



of 48 Final

B. Proposal RequirementsPersons or firms interested in applying must meet the following requirements:

1. Applications - one (1) original, twelve (12) copies and one (1) electronic copy in PDF orsimilar format on a CD - must be received on or before 2:00PM Wednesday, October 10, 2012.The applications must include the following:

a. Cover letter – 2 page maximum,b. Completed DCAM Designer Application Form. Applications are limited to the

application plus a maximum of 3 supplementary pages, double sided, not including therequired documents listed below. Information in excess of three pages may be the basis ofrejection. The Applications shall be on “Standard Designer Application Form forMunicipalities and Public Agencies not within DSB Jurisdiction (most current version)as developed by the Designer Selection Board of the Commonwealth of Massachusetts.The form can be found at the Massachusetts DCAM web site.

c. Evidence of professional liability insurance,d. Preliminary work plan identifying design tasks and responsible sub-consultants and

incorporating the specified schedule into a project calendar (Maximum of two doublesided pages),

e. Attachment B- Certificate of Non-collusion; Attachment C: Certifications; Attachment D:Certificate of Authority (if applicable); and Attachment E: Certificate of Compliance withMassachusetts Tax Laws,

f. SDO (formerly known as SOWMBA) - MBE or WBE certificates (as applicable to projectteam members). Due to recent changes in the Commonwealth of Massachusettsadministrative office name, a currently valid certificate from SOWMBRA or SDO will beaccepted.

Proposal packages should be provided in simple spiral binders or stapled. Double sided printingis encouraged where appropriate to reduce paper.

2. Qualifications shall be addressed to the attention of:Phaldie TaliepPublic Facilities Department - ConstructionTown of Needham500 Dedham AveNeedham, MA 02492Tel: (781) 455-7550 x 336Fax: (781) 453-2510Email: [email protected]

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

Town of Needham – St. Mary Street Pump StationContract ID# 13PFC-072DQualifications for - “Name of Applicant”



of 48 Final

4. All questions regarding this RFQ/P should be addressed exclusively in writing to:Phaldie Taliep, Project ManagerPublic Facilities Dept. - ConstructionTown of Needham500 Dedham AveNeedham, MA 02492Tel: (781) 455-7550 x336Fax: (781) 453- 2510 (Email is Preferred Method)Email: [email protected] (This is the Preferred Method)

The deadline for questions is 5:00 PM, Tuesday, October 2, 2012.

C. Preliminary Project ScheduleThe following schedule is not intended to provide a completion date for each deliverable but toillustrate the date by which each phase must be completed to maintain the overall projectschedule. It is expected the selected Designer will include milestone dates for each deliverable intheir detailed Project Calendar to be provided during Start-Up.

Phase Task Completion Date

DesignSolicitation

RFQ/P Available September 12, 2012Pre-Proposal Meeting and site visit September 26, 2012Designer Submit Qualifications 2:00PM – October 10, 2012

Evaluation Shortlisted Designer Interviews October 22, 2012Award Authorization to proceed November 14, 2012

Phase 1 -Design

Feasibility Report December 12, 2012Present Feasibility Report to PPBC December 17, 2012Schematic Design / Cost Estimate March 4, 2013

Approval Town Meeting Approval May 2013

Phase 2 –Design and

Construction

Design Development, Permitting Process August 15, 2012Final Design (Bid Documents) October 30, 2013Bid Process November 15, 2013Award - Construction Contract January 7, 2013Construction Administration January 16, 2014Substantial Completion June 30, 2015Close-Out September 15, 2015

D. Pre-Proposal Meeting (optional)A Pre-Proposal meeting will be held at the project site, located at 20 St. Mary Street, Needham,MA on September 26, 2012 at 10:00 am. Attendance at this walk-thru meeting is encouragedbut not required for submission of qualifications.



of 48 Final

VI. SelectionThe Owner, through its Permanent Public Building Committee (PPBC), will consider thefollowing criteria in evaluating Qualifications:

1. Demonstrated recent experience and expertise with similar Feasibility and/or Designs withspecific emphasis on Pump Stations and Building Renovations performed within the pastten years.

2. Past performance of the firm, if any with regard to public, or private, funded projectsacross the Commonwealth, with respect to:

a. Quality of project design including:i. Accuracy of Construction Cost Estimates

ii. Change Orders during constructioniii. Quality control proceduresiv. Clarity, completeness and accuracy of reports, plans and specifications

b. Ability to meet established program schedule within allotted budgetc. Coordination and management of consultantsd. Working relationship with local awarding authority, staff and local officials

including past experience working with MWRA and Mass DEP.

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

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

5. The financial stability of the firm;

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

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

8. References from five recent clients for similar projects;

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

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

VII. OtherRule for AwardThe Town reserves a period up to forty-five (45) calendar days following the opening of thequalifications in which to evaluate and award the contract.



of 48 Final

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

The PPBC and Town Manager are the awarding authority for the contract (Attachment A, or acontract substantially in this form). Further the contract will not be binding until it has beenapproved as to form by Town Counsel. Award, payment and performance obligations shalldepend on the availability and appropriation of funds.

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

The Award of this Schematic Design will not preclude the selected designer from providing theDetailed Design work associated with this project.

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

Information about changes to the RFQ/P (Addenda)In the event that changes/additions are made to this RFQ/P, an addendum will be issued.Addenda will be emailed to every potential responder on record as receiving the RFQ/P package.It is necessary for the perspective Designer to submit the “ACKNOWLEDGEMENT OFRECEIPT” so that Addenda can be forwarded to interested firms.

Examination of documents and questionsThe Designer shall be satisfied as to the requirements of the contemplated services to enableintelligent preparation of this Proposal. The Designer shall be familiar with all of the RFQ/Pdocuments before submitting the Proposal in order that no misunderstanding shall exist in regardto the nature and character of the contemplated services to be preformed. No allowance will bemade for any claim that the Proposal is based on incomplete information.

Inquiries concerning any part of this RFQ/P shall be directed to the individual(s) listed under theProcurement Schedule. Designers should note that oral communications are not binding on theTown. All requests/questions must be submitted in writing. Questions must be sent in writing andmay be delivered by hand, fax or email as referenced under the Procurement Schedule by thedeadline. The Town will respond to written questions that are received by the deadline and willforward responses to all persons who are on record as receiving the Proposal package. Questionsreceived after the due date will not be responded to unless the Town determines it is necessary.Designers, please allow enough time for hand delivery or facsimile transmissions.



of 48 Final

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

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

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

Late submissionsThe Town assumes no responsibility for late submissions due to mail, courier, or deliveryproblems. LATE QUALIFICATIONS WILL NOT BE CONSIDERED.

Rejection of bidsThe Qualifications must satisfy all the requirements of the RFQ/P, in order to be considered foraward. Failure to complete the required forms, answer any questions, or provide the requireddocumentation will be deemed NON-RESPONSIVE and result in rejection of the qualificationsunless the Town determines that such failure constitutes a minor informality that can be correctedwithout prejudice to other Designers. A proposal may be rejected if the Designer:

Fails to adhere to one or more of the provisions established in the RFQ/P; Fails to submit its proposal by the time or in the format specified herein or to supply the

minimum information requested herein; Fails to submit its proposal to the required address on or before the specified submission

deadline; Misrepresents its service or provides demonstrably false information in its proposal Fails to provide material information.OR Qualification that are incomplete, not properly endorsed, or signed.

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

General and special provisionsThe consideration of all bids and subsequent selection of the successful applicant shall be madewithout regard to race, color, sex, age, handicap, religion, political affiliation or national origin.

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



of 48 Final

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

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

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

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

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

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

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

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

VIII. AttachmentsAttachment A: Agreement between Owner and DesignerAttachment B: Certificate of Non-CollusionAttachment C: CertificationsAttachment D: Certificate of AuthorityAttachment E: Certificate of Compliance with Massachusetts Tax Laws



of 48 Final

ATTACHMENT A

AGREEMENT BETWEENOWNER AND DESIGNERContract ID #13PFC-072D

This Agreement is made and entered into on the ___ day of______________, 20__ by andbetween the TOWN OF NEEDHAM, (hereinafter OWNER), a municipal corporation organizedunder the laws of the Commonwealth of Massachusetts, acting through its________________________________ and ______________________ (hereinafterDESIGNER), a corporation organized under the laws of the Commonwealth of Massachusetts,with a usual place of business at ____________________________, for_________________________________________________ (hereafter PROJECT).

WITNESSETH that the DESIGNER and the OWNER, for the consideration hereinafter named,agree as follows:

ARTICLE 1: CONTRACT DOCUMENTS

The Contract Documents consist of the following, and in the event of conflicts or discrepanciesamong them, they shall be interpreted on the basis of the following priorities:

FIRST THIS AGREEMENT

SECOND DESIGNER’S PROPOSAL, DATED _________

THIRD PROPOSAL SPECIFICATIONS, REQUEST FOR QUALIFICATIONS ORPURCHASE DESCRIPTION

FOURTH DRAWINGS REQUIRED FOR THE PROJECT, IF APPLICABLE

FIFTH COPIES OF ALL REQUIRED BONDS, CERTIFICATES OF INSURANCEAND LICENSES REQUIRED UNDER THE CONTRACT,

EACH OF WHICH IS ATTACHED HERETO. These documents form the entire Agreementbetween the parties and there are no other agreements between the parties. Any amendment ormodification to this Agreement must be in writing and signed by an official with the authority tobind the OWNER.

ARTICLE 2: SCOPE OF THE WORK

The DESIGNER shall furnish all materials, labor, equipment and perform all work shown on thecontract documents, and the DESIGNER agrees to do everything required by this Agreement andthe contract documents.



of 48 Final

ARTICLE 3: TIME OF COMPLETION

3.1 The work to be performed under this Contract shall be commenced immediately uponexecution of this Agreement, and shall be entirely completed by .

3.2 The DESIGNER hereby agrees that if it fails to carry on the work with reasonable speedor stops work altogether without due cause, as determined in each case by the OWNER, theOWNER may give notice to the DESIGNER in writing to proceed with the work or to carry onthe work more speedily. Three days after the presentation of such notice, if the work is notproceeding to the satisfaction of the OWNER, the DESIGNER shall be considered to havedefaulted in the performance of this Agreement.

ARTICLE 4: THE CONTRACT SUM

The OWNER shall pay the DESIGNER for the performance of this Agreement the sum of$__________________________________ ( ________________________) (words), includingall reimbursable expenses.

ARTICLE 5: PAYMENT

5.1 The OWNER shall make payment as follows:

a) On a monthly basis, thirty days after receipt of an invoice for work performed or materialssupplied the previous month.

5.2 With an invoice the DESIGNER shall submit evidence satisfactory to the OWNER thatthe goods or supplies have been delivered, or that the work has been completed and thatall payrolls, material bills and other indebtedness connected with the work has been paid.

5.3 The fees established under this Agreement are lump sum fees and include all of theexpenses for all of the DESIGNER'S Consultants.

5.4 Pursuant to M.G.L., c. 7, § 38H, paragraph (j), DESIGNER shall not be compensated forany services involved in preparing changes that are required for additional work thatshould have been anticipated by DESIGNER in the preparation of the bid documents, asreasonably determined by OWNER.

ARTICLE 6: NO RELEASE

The approval of any invoice by the OWNER, any payment by the OWNER to the DESIGNER,any use of the DESIGNER'S work or any part thereof by the OWNER, or any correction of theDESIGNER'S defective work by the OWNER shall not constitute the OWNER'S acceptance ofthe DESIGNER'S work which is not in accordance with the terms of this Agreement, nor shall itconstitute a release of the DESIGNER'S obligation to perform the Project in strict compliancewith all terms of this Agreement.



of 48 Final

ARTICLE 7: USE OF DESIGNER'S DRAWINGS, SPECIFICATIONS ANDOTHER DOCUMENTS

7.1 All Drawings, Specifications, and other documents (including sketches, computations, testdata, survey results, photographs, renderings, models, and other material peculiar to theServices) prepared by the DESIGNER or DESIGNER'S Consultants shall become theproperty of the OWNER upon payment of sums due under the contract. The OWNERacknowledges the copyright of the DESIGNER and the DESIGNER'S Consultants.

7.2 The OWNER may use the Drawings, Specifications and such other documents preparedby the DESIGNER or the DESIGNER'S Consultants as needed for the construction,maintenance, repair, or modification of the PROJECT.

7.3 The OWNER shall indemnify the DESIGNER or the DESIGNER'S Consultants andrelease and hold them harmless from any claims arising out of any use of or changes to thedocuments made by the OWNER or his representatives during any other construction nota part of this contract.

ARTICLE 8: NONPERFORMANCE

In the case of any default on the part of the DESIGNER with respect to any of the terms of thisAgreement, the OWNER shall give written notice thereof, and if said default is not made goodwithin such time as the OWNER shall specify in writing, the OWNER shall notify theDESIGNER in writing that there has been a breach of the Agreement and thereafter theOWNER shall have the right to secure the completion of the work remaining to be done on suchterms and in such manner as the OWNER shall determine, and the DESIGNER shall pay for thecompletion of such work and reimburse the OWNER for all expenses incurred by reason of saidbreach. The DESIGNER in case of such breach shall be entitled to receive payment only forwork completed satisfactorily prior to said breach, so long as the total paid hereunder does notexceed the Contract sum, and the amount of any balance due the DESIGNER shall bedetermined by the OWNER and certified to the DESIGNER.

ARTICLE 9: TERMINATION

9.1 This Agreement may be terminated by either party upon not less than seven days writtennotice should the other party substantially fail to perform in accordance with the terms ofthis Agreement through no fault of the party initiating the termination.

9.2 The DESIGNER shall have the right to terminate this Agreement if the OWNERfails to make payment within thirty (30) days after it is due.

ARTICLE 10: NOTICE

All notices required to be given under this Agreement shall be given in writing and shall beeffective upon receipt by hand delivery or certified mail to:



of 48 Final

The Town of Needham: Steve PopperDirector of Design and ConstructionPublic Facilities Department - Construction500 Dedham AveNeedham, Massachusetts 02492

AND TO

Kate FitzpatrickTown Manager1471 Highland AvenueNeedham, Massachusetts 02492

Notices to the Town of Needham must be sent to BOTH in order for it to be effective.

The DESIGNER: NameTitleCompanyAddress

ARTICLE 11: INSURANCE

11.1 The DESIGNER shall at its own expense, obtain and maintain a Professional LiabilityPolicy for errors, omissions, or negligent acts arising out of the performance of thisagreement with limits of at least $1,000,000 per claim and $2,000,000 aggregate.

11.2 The DESIGNER shall, at its own expense, obtain and maintain general liability andmotor vehicle liability insurance policies protecting the OWNER in connection with anyoperations included in this Contract. General liability coverage shall be in the amount ofat least $1,000,000 per occurrence and $2,000,000 aggregate for bodily injury liability and$1,000,000 per occurrence and $2,000,000 aggregate for property damage liability. Motorvehicle coverage shall include coverage for owned, hired and non-owned vehicles andshall be in the amount of at least $1,000,000 per person and $2,000,000 per occurrence forbodily injury liability and $1,000,000 per occurrence for property damage liability.

11.3 The DESIGNER shall carry insurance in a sufficient amount to assure the restoration ofany plans, drawings, computations, field notes, or other similar data relating to the workcovered by this contract in event of loss or destruction until the final fee payment is madeor all data is turned over to the OWNER.

11.4 The DESIGNER shall, before commencing performance of this contract, provide byinsurance for the payment of compensation and the furnishing of other benefits inaccordance with Massachusetts General Laws, Chapter 152, as amended, to all employedunder the contract and shall continue such insurance in full force and effect during theterm of the contract.



of 48 Final

11.5 All insurance coverage shall be in force from the time of the Agreement to the date whenall work designed under the contract is completed and accepted by the OWNER. Sincethis insurance is normally written on a year-to-year basis, the DESIGNER shall notify theOWNER should coverage become unavailable or if its policy should change.

11.6 Certificates and any and all renewals substantiating that required insurance coverage be ineffect shall be delivered at the time of the execution of the Agreement and filed with thecontract. Any cancellation of insurance whether by the insurers or by the insured shall notbe valid unless written notice thereof is given by the party proposing cancellation to theother party and to the OWNER at least fifteen days prior to the intended effective datethereof, which date should be expressed in said notice.

ARTICLE 12: INDEMNIFICATION

The DESIGNER shall indemnify, defend, and save harmless the OWNER, and all of its or theirmembers officers, agents, and employees against all suits, claims of liability of every name andnature, for or on account of any injuries to persons or damage to property arising out of thenegligence of the DESIGNER in the performance of the work covered by this Agreement and/orfailure to comply with terms and conditions of this Agreement, whether by itself or its employeesor subcontractors, but only in respect of such injuries or damages sustained during theperformance and prior to the completion and acceptance of the work covered by this Agreement.The foregoing provisions shall not be deemed released, waived or modified in any respect byreason of any surety or insurance provided by the DESIGNER under the Agreement.

ARTICLE 13: ASBESTOS REMOVAL

Without in any way limiting the DESIGNER's liability for any other negligent performance orfailure to perform professional services, the DESIGNER shall incur no liability for claims arisingout of the performance of or failure to perform professional services related to asbestos, exceptthat the DESIGNER shall promptly notify the OWNER of any asbestos the DESIGNERobserves that may affect the PROJECT. The DESIGNER shall include in the contractdocuments specific provisions requiring the contractor to include the time required for theasbestos abatement work in the PROJECT schedule, to organize its own work in such a way thatit will not conflict with concurrent asbestos abatement work, and to coordinate all of the work atthe site (including the asbestos abatement work), so as to minimize disruption and delay. TheDESIGNER shall enforce the foregoing requirements, utilizing such authority as it may haveunder the contract documents. The DESIGNER shall confer with the asbestos abatementconsultant to ascertain that similar and consistent requirements are being included in contractdocuments prepared by the consultant. The DESIGNER shall also be responsible for providingto any asbestos abatement engineer and any asbestos abatement contractor, contract documentsand plans which precisely indicate the scope of the renovations and additions to the building.The OWNER hereby agrees to bring no claim for negligence, breach of contract, indemnity orotherwise against the DESIGNER, his principals, employees, agents and consultants if suchclaim in any way would involve the DESIGNER's services for remedial work related to asbestosin the PROJECT unless otherwise agreed to in writing.



of 48 Final

ARTICLE 14. SUBCONTRACTING OF WORK

The DESIGNER shall not subcontract any of the work, which it is required to perform under thisContract to any corporation, entity or person without the prior approval of the OWNER.

ARTICLE 15: PREVAILING WAGE RATES

If the work under this Agreement involves the construction of public works the DESIGNERagrees to pay the prevailing wage and comply with G. L. c. 149, S 26 - 27D and a Statement ofCompliance is included in the Contract Documents.

ARTICLE 16: MBE/WBE PARTICIPATION

If funding for this Project is provided by the Commonwealth of Massachusetts, in whole or in part(such as reimbursements, grants and the like), then the OWNER shall incorporate into thisContract the current applicable minority-owned business enterprise (MBE) and women-ownedbusiness enterprise (WBE) participation goals, as determined by DCAM. Reductions or waiversof these goals may be permitted by the OWNER where the size, nature or location of the projectmakes achieving such levels of MBE or WBE participation unfeasible.

ARTICLE 17: GOVERNING LAW

The DESIGNER shall perform the work required under this contract in conformity withrequirements and standards of the OWNER and all applicable laws of the Commonwealth ofMassachusetts, its political subdivisions, and the Federal Government.

ARTICLE 18: DISPUTE RESOLUTION

18.1 Mediation Mandatory. In the case of a dispute where the dollar amount in dispute is$50,000 or more, the OWNER and the DESIGNER shall engage in good faith in a non-binding mediation process using the services of a neutral mediator, which process shall beconcluded within sixty days from the date that the either party submits to the other awritten request therefore. The parties shall make good faith efforts to agree on theselection of a Neutral mediator experienced in mediating building design and constructiondisputes. The cost of the services of any mediator selected jointly by the parties to thisContract shall be borne equally by the DESIGNER and the OWNER.

18.2 Arbitration Optional. If mediation fails to resolve a claim, dispute or other matter inquestion between the parties, then the parties may mutually agree to submit their claim,dispute or other matter in question to binding or non-binding arbitration.



of 48 Final

ARTICLE 19: CONSENT TO VENUE

The DESIGNER agrees that it shall commence and litigate all actions or proceedings arising inconnection with this Agreement exclusively in the Dedham District Court or in the NorfolkSuperior Court, both of which are located in the County of Norfolk, Commonwealth ofMassachusetts. The aforementioned choice of venue is intended to be mandatory and notpermissive in nature, thereby precluding the possibility of the DESIGNER commencing orprosecuting any litigation against the OWNER, with respect to or arising out of this Agreement,in any court or forum other than those specified in this paragraph. It is further agreed that theparties to this Agreement hereby waive their rights to a jury trial. Prior to entering into anyagreement with a subcontractor, the DESIGNER shall require the subcontractor to agree to besubject to the terms of this Article.

ARTICLE 20: LIFE-CYCLE COST ESTIMATES

20.1 All contracts for architectural or engineering services necessary for the preliminary designof all new buildings or for the modification or replacement of an energy system in anexisting building entered into by a public awarding authority subject to the biddingrequirements of Sections 44A to 44L inclusive, of M.G.L. c. 149, shall contain astipulation that life-cycle cost estimates shall be obtained at an initial stage and as aregular part of the services to be performed under said contract.

20.2 M.G.L. c. 149, § 44M defines "energy system" as: "any equipment that is employed toheat or cool a building, or to heat hot water used in a building, or to generate electricityfor a building and that uses the sun, wind, water, biomass, oil, natural gas, or electricity asits power supply in whole or in part."

ARTICLE 21: RECORDS, DISCLOSURE STATEMENTS, ACCOUNTINGCONTROLS, AUDITS

The DESIGNER shall maintain complete, accurate, and detailed records of all time devoted tothe PROJECT by the DESIGNER and each consultant or subcontractor employed by theDESIGNER. The OWNER may at all reasonable times audit such records. On contracts wherethe total design fees exceed $10,000 or which are for the design of a building for which thebudgeted or estimated construction cost exceeds $100,000, the DESIGNER shall comply withM.G.L., c. 30, § 39R, which requires the DESIGNER to:

21.1 Make, and keep for at least six (6) years after final payment, books, records, and accountswhich in reasonable detail accurately and fairly reflect the transactions and dispositions ofthe DESIGNER. [M.G.L. c. 30, § 39R(b)(1)-(2)].

21.2 Until the expiration of six (6) years after final payment, the OWNER and any other publicofficial authorized by law, shall have the right to examine any books, documents, papers orrecords of the DESIGNER or of its consultants and subcontractors that directly pertain to,and involve transactions relating to, the DESIGNER or its consultants and subcontractors.[M.G.L. c. 30, § 39R(b)(1)-(2); Executive Order 195]



of 48 Final

21.3 If the DESIGNER shall make any change in its method of maintaining records that wouldmaterially affect any statements filed by the DESIGNER with the OWNER, theDESIGNER shall forthwith deliver to the OWNER a written description of such change,the effective date thereof, and the reasons therefore. The DESIGNER shall submit withsuch description a letter from the DESIGNER’S independent certified public accountantapproving or otherwise commenting on the change. [M.G.L. c. 30, § 39R(b)(3)] TheDESIGNER hereby represents that there have been no such changes to date that have notbeen so reported to the OWNER.

21.4 The DESIGNER shall file with the OWNER a statement of management as to whether thesystem of internal accounting controls of the DESIGNER and its subsidiaries reasonablyassures that: (1) transactions are executed in accordance with management's general andspecific authorization; (2) transactions are recorded as necessary i) to permit preparation offinancial statements in conformity with generally accepted accounting principles, and ii) tomaintain accountability for assets; (3) access to assets is permitted only in accordance withmanagement's general or specific authorization; and (4) the recorded accountability forassets is compared with the existing assets at reasonable intervals and appropriate actionwas taken with respect to any difference. The DESIGNER shall also file with theOWNER a statement prepared and signed by an independent certified public accountant,stating that the accountant has examined the statement of management on internalaccounting controls, and expressing an opinion as to (1) whether the representations ofmanagement in response to this section are consistent with the result of management'sevaluation of the system of internal accounting controls; and (2) whether suchrepresentations of management are, in addition, reasonable with respect to transactions andassets in amounts which would be material when measured in relation to the applicant'sfinancial statements. [M.G.L. c. 30, §39R(c)]. The DESIGNER warrants and represents thatDESIGNER has filed a statement of management on internal accounting controls as setforth in this section prior to the execution hereof. [M.G.L. c. 7, §38H(e)(iv)]

21.5 The DESIGNER shall annually file with the Commissioner of DCAM during the term ofthis Contract a financial statement prepared by an independent certified public accountanton the basis of an audit by such accountant. The final statement filed shall include the dateof final payment. All statements shall be accompanied by an accountant's report. Suchstatements shall be made available to the OWNER upon request. [M.G.L. c. 30, §39R(d)]The DESIGNER represents that it has filed prior to the execution hereof and will continueto file annually, an audited financial statement for the most recent completed fiscal year asset forth in this section. [M.G.L. c. 7, §38H(e)(iv)]

21.6 Records and statements required to be made, kept or filed under the provisions of thisArticle shall not be public records as defined in M.G.L. c. 4, § 7 and shall not be open topublic inspection; provided, however, that such records and statements shall be madeavailable pursuant to the provisions of section 21.2 above.



of 48 Final

ARTICLE 22: DESIGNER'S CONTRACT SUPPLEMENTARY DATA

No changes are to be made to this Article at any time during the life of this contract without priorwritten notification to the OWNER and when required, receipt of written approval by theOWNER.

22.1 DESIGNER’S Beneficial Owners. By signing this Contract, the DESIGNER certifies under thepenalties of perjury that the following named entities and individuals are the legal and beneficialowners of the DESIGNER as of the date of the execution hereof [M.G.L. c. 7, §38E(a)](attachadditional sheets if necessary):

CORPORATION: (Names of Officers and Shareholders of Corporation, including their titles,

__________________________________________ _________________________________________

__________________________________________ _________________________________________

PARTNERSHIP: (Names of all Partners):

__________________________________________ _________________________________________

__________________________________________ _________________________________________

INDIVIDUAL (Name of Owner):

__________________________________________________________________

22.2 Professional Registrations. By signing this Contract, the individual executing thisContract on behalf of the DESIGNER certifies under the penalties of perjury that thefollowing named individuals are registered by the Commonwealth as architects, landscapearchitects, or engineers pursuant to the provisions of General Laws Chapter 112, §§ 60A -60O and further that i) if the DESIGNER is an individual the DESIGNER is the individualnamed below, ii) if the DESIGNER is a partnership, the majority of all the partners arepersons who are registered architects, landscape architects, or engineers, iii) if theDESIGNER is a corporation, sole proprietorship or joint stock company or other entity, themajority of the directors or a majority of the stock ownership and the chief executive officer,are persons who are registered architects, landscape architects, or engineers and the personto have the Project in his or her charge is registered in the discipline required for the Project,or iv) if the DESIGNER is a joint venture, each joint venturer satisfies the requirements ofthe preceding clauses i – iii as the case may be. [M.G.L. c. 7, §38E(a)(i)]

Name Title Mass. Registration



of 48 Final

NOTE: The above information must be completed to comply with the provisions of M.G.L. c. 7,§38A 1/2. Programmers and construction managers are not required to be registered under §38A1/2.]

DESIGNER warrants that the Massachusetts registered principal of the DESIGNER responsible forthe project is:

Name

______________________________________________________________________

ARTICLE 23. CERTIFICATIONS REQUIRED BY LAW

23.1 Resume on File with Designer Selection Board. By signing this Contract, the DESIGNERcertifies under the penalties of perjury that in accordance with the provisions of M.G.L. c. 29, § 29A(4) a resume of the DESIGNER has been filed with the Designer Selection Board.

23.2 No Inducements. By signing this Contract, the DESIGNER certifies under the penalties ofperjury that the DESIGNER has not given, offered or agreed to give any person,corporation, or other entity any gift, contribution or offer of employment as an inducementfor, or in connection with, the award of the Contract for design services; no consultant to orsubcontractor for the DESIGNER has given, offered or agreed to give any gift, contributionor offer of employment to the DESIGNER, or to any other person, corporation, or entity asan inducement for, or in connection with, the award to the consultant or subcontractor of acontract by the DESIGNER; and no person, corporation or other entity, other than a bonafide full-time employee of the DESIGNER has been retained or hired by the DESIGNERto solicit for or in any way assist the DESIGNER in obtaining the Contract for designservices upon an Contract or understanding that such person, corporation or other entity bepaid a fee or other consideration contingent upon the award of the Contract to theDESIGNER. [M.G.L. c. 7, §. 38H(e)(i)-(iii)]

23.3 Existing Government Contracts. By signing this Contract, the DESIGNER certifies under thepenalties of perjury that the following is a listing of all other existing contracts or income derivedby DESIGNER from the Commonwealth or any political subdivision thereof or public authoritytherein, from the Federal Government or any agency thereof, and from the OWNER or anygovernmental source for services rendered. [M.G.L. c. 7, § 38E(a)(v)]:



of 48 Final

Contract Description Present Status % Fee Total Fee& Awarding Authority Design/Construction Received Anticipated

23.4 Annual Reports; Corporate Filings. By signing this Contract, the DESIGNER certifiesunder the penalties of perjury that, if the DESIGNER is a corporation, the Corporation hasfiled with the State of Secretary all certificates and annual reports required by M.G.L c.156B, §109 (Business Corporation), by M.G.L c. 181, §4 (Foreign Corporation), or byM.G.L. c. 180, §26A (Non-Profit Corporation).

23.5 Debarment; Suspension. By signing this Contract, the DESIGNER certifies under thepenalties of perjury that the DESIGNER is not currently debarred or suspended by theCommonwealth of Massachusetts, or any if its entities or subdivisions under anyCommonwealth law or regulation, including but not limited to M.G.L. c. 29, § 29F andM.G.L. c. 152, § 25C and that it is not currently debarred or suspended by the FederalGovernment under any federal law or regulation.

ARTICLE 24. BINDING AGREEMENT AND ASSIGNMENT OF INTEREST

This Agreement shall be binding upon the OWNER and the DESIGNER and the partners,successors, heirs, executors, administrators, assigns and legal representatives of the OWNER andthe DESIGNER. Neither the OWNER nor the DESIGNER shall assign, sublet or transfer anyinterest in this Agreement without the written consent of each other, and such consent shall not beunreasonably withheld.

ARTICLE 25. INDEPENDENT CONTRACTOR

All of the services to be performed under the terms of this Agreement will be rendered by theDESIGNER as an independent contractor. None of the terms of this Agreement shall create aprincipal-agent, master-servant or employer-employee relationship between the OWNER and theDESIGNER.



of 48 Final

ARTICLE 26. CONFLICT OF INTEREST

By execution of this Agreement with the OWNER, the DESIGNER acknowledges that theOWNER is a municipality for the purposes of Massachusetts General Law Chapter 268A (theMassachusetts conflict of interest statue), and agrees, as circumstances require, to take actionsand to forbear from taking actions so as to be in compliance at all times with the obligations ofthe DESIGNER based on said statute.

ARTICLE 27. CONFIDENTIALITY

The DESIGNER shall comply with Massachusetts General Law Chapter 66A if the DESIGNERbecomes a "holder" of "personal data". The DESIGNER shall also protect the physical securityand restrict any access to personal or other Town data in the DESIGNER’S possession, or usedby the DESIGNER in the performance of this Contract, which shall include, but is not limited tothe Town's public records, documents, files, software, equipment or systems.

ARTICLE 28. COMPLIANCE WITH TAX LAWS

Pursuant to M.G.L., c. 62C, §49A, the undersigned, acting on behalf of the DESIGNER,certifies under the pains and penalties of perjury, to the best of the undersigned's knowledge andbelief, that the DESIGNER is in compliance with all laws of the Commonwealth relating totaxes, reporting of employees and contractors, and withholding and remitting child support.

Social Security Number or Signature of Individual or Corporate NameFederal IdentificationNumber _______________________

By: ________________________________Corporate Officer(if applicable)

IN WITNESS WHEREOF the parties hereto have executed FIVE copies of this Agreement theday and year first above written.

DESIGNER:

By*:

Title:

* My signature above certifies that I am duly authorized, or that I have attached a signedCertificate of Vote from my Board of Directors giving me authority, to sign this Contract.



of 48 Final

TOWN OF NEEDHAM, by its Town Manager:

_____________________________________Kate Fitzpatrick

This is to certify that the funds have beenappropriated by the Town of Needham forthe purposes set forth in the Contract herein.

A/C#:

____________________________________Town AccountantDate:

Approved As To Form:

____________________________David S. Tobin, Town CounselTown of Needham

Date:



of 48 Final

ATTACHMENT BCERTIFICATE OF NON-COLLUSION

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

1. The undersigned certifies under penalties of perjury that this proposal has been made andsubmitted in good faith and without collusion or fraud with any other person. As used inthis certification, the word “person” shall mean any natural person, business, partnership,corporation, union, committee, club, or other organization, entity, or group of individuals.

Signature of individual submitting Proposal

Name of Business (please type or print)

This form is required with RFQ/P proposal submission.



of 48 Final

ATTACHMENT CCERTIFICATIONS

In accordance with M.G.L. c. 7 § 38H (b), the undersigned states that the wage rates and othercosts used to support the designer's compensation are accurate, complete, and current at the timeof contracting; and agrees that the original contract price and any additions to the contract may beadjusted within one year of completion of the contract to exclude any significant amount if the feewas increased by such amounts due to inaccurate, incomplete or noncurrent wage rates or othercosts.

In accordance with M.G.L. c. 7 § 38H(b), the undersigned certifies under penalties of perjury thatthe designer or construction manager has not given, offered, or agreed to give any person,corporation, or other entity any gift, contribution, or offer of employment as an inducement for, orin connection with, the award of the contract for design services.

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

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

Signature of individual submitting Proposal

Name of Business (please type or print)

This form is required with RFQ/P proposal submission.



of 48 Final

ATTACHMENT DCERTIFICATE OF AUTHORITY

1. I hereby certify that I am the Clerk/Secretary of _____________________________(Insert full name of Corporation)

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

3. is the duly elected ____________________________________________________

(Insert the title of the officer in line 2)

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

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

5. _____________________________________ the______________________________(Insert name from line 2) (Insert title from line 3)

of this corporation be and hereby is authorized to execute contracts and bonds in the name and onbehalf of said corporation, and affix its Corporate Seal thereto, and such execution of any contractof obligation in this corporation’s name and on its behalf, with or without the Corporate Seal,shall be valid and binding upon this corporation; and that the above vote has not been amended orrescinded and remains in full force and effect as of the date set forth below.

6. ATTEST: _______________________________________ AFFIX CORPORATE(Signature of Clerk or Secretary)* SEAL HERE

7. Name: _________________________________________(Please print or type name in line 6)*

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

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

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



of 48 Final

ATTACHMENT ECERTIFICATE OF COMPLIANCE WITH MASSACHUSETTS TAX LAWS

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

Individual

__________________________________________ ____________________Signature Date

__________________________________________Name (please type or print)

__________________________________________Social Security Number

Corporate

__________________________________________Corporate Name (please type or print)

______________________________________________________________Signature of Corporate Officer Date

__________________________________________Name of Corporate Officer (please type or print)

__________________________________________Title (please type or print)

__________________________________________Taxpayer Identification Number

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

This form is required with RFQ/P Proposal submission.