ten year educational and facility master plan designer ... plan designer application package ... the...

Boston Public Schools

Ten Year Educational and Facility Master Plan

Designer Application Package

City of Boston – Martin J. Walsh, Mayor

John McDonough, Superintendent

Effective Date: August 2014

Table of Contents

Section I: Master Plan Scope and Context

Advertisement/Request for Qualifications

General Scope of Work

Master Plan Context

Scope Part I – Educational Requirements and Enrollment Projections

Scope Part II – Facilities Condition Assessment

Scope Part III – Master Plan and Funding Recommendations

Section II: Designer Selection Information

Qualified Design Firms

Designer Selection Process

Evaluation Criteria

Section III: Instructions to Applicants

Designer Application Guidelines

Other Information – Addenda/Contract Agreement/Insurance

Submission of Applications

Section IV: Designer Application Forms and Information

Applicant Registration Form

Designer Application Forms

Applicant Tips and Common Mistakes

Applicant Deliverables

Section V: City of Boston Contract

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Section I:

Master Plan Scope and Context

ADVERTISEMENT CITY OF BOSTON

BOSTON PUBLIC SCHOOLS (BPS) Request for Qualifications (RFQ) Project Title: Ten Year Educational and Facility Master Plan. Location: Various Boston Public School Locations, Boston, MA

For information specific to this particular RFQ, please

contact the Public Facilities Department (PFD) Bid Counter at 617-635-4809 Pursuant to Massachusetts General Laws Chapter 7C, §§ 44-57, the Boston Public Schools (BPS), is requesting qualification statements for design services including a master plan and facilities assessment for the Boston Public Schools. The project has and estimated fee of $1,600,000. The scope of work is to provide a strategic planning framework for educational programming and major capital investments in the Boston Public Schools over the next ten (10) years. The scope of services includes, but is not limited to: codifying programming standards to determine BPS facility configuration to meet educational and capital planning goals; identifying demographic trends, enrollment projections and school assignment considerations; developing a 21st century educational framework matching BPS educational standards with its facilities, infrastructure and environment; assessing the physical condition of approximately 11 million gross square feet of BPS facilities and creating an inventory for each building including general building information, site description, program information, building and system conditions, green technologies and climate preparedness; creating a master plan to address program and facility needs including identifying repair, renovation and new construction costs and developing a funding strategy; providing a maintainable database for managing and monitoring the facilities and resulting improvements; coordinating communication with and presentations to City and BPS officials and the various school communities. Completion shall be 78 weeks after execution of a contract. Applicants must be a registered architect in the Commonwealth of Massachusetts. For the educational and master planning services, applicants must provide names of key personnel and consultants that will be utilized on this project for the following disciplines: educational expert; educational facilities planner; demographer; and financing advisor. For the facilities assessment services, applicants must provide the names of key personnel and consultants that will be utilized on this project for the following disciplines: HVAC engineer; plumbing engineer; electrical engineer; code consultant; information technology and telecommunications consultant; sustainable design consultant; elevator engineer; food service consultant and cost estimator. Applicants, at a minimum, must have prior experience on projects in the following: Urban setting.

Applicants, at a minimum, must have prior experience on the following types of projects: similar large-scale master plan projects, preferably with large urban school systems. NOTE: This project falls under the jurisdiction of the Boston Public Schools, however the designer procurement will be managed through the Boston Public Facilities Department Bid Counter. The Designer Application Package, including a detailed scope description, may be obtained from the PFD Bid Counter, 26 Court Street, 10th Floor, Boston, MA 02108 on Monday, August 11, 2014 and will be mailed if necessary. If interested, please call (617) 635-4809 and refer to this advertisement. All questions related to this advertisement must be submitted to the PFD Bid Counter by mail or email at [email protected] no later than 4:00 P.M. on Thursday, August 28, 2014. Statements of Qualifications must be returned to the PFD Bid Counter by Tuesday, September 9, 2014 no later than 4:00 P.M. LATE QUALIFICATION STATEMENTS WILL NOT BE ACCEPTED. In addition to completing the Commonwealth of Massachusetts Standard Designer Application Form for Municipalities and Public Agencies not within DSB Jurisdiction (updated February, 2013), all applicants for this project must also submit the Supplemental Requirements Package specific to this project (the combination of which is to be referred to as the Designer Application).

mailto:[email protected]

Boston Public Schools 10-Year Educational and Facility Master Plan

General Scope of Work

Project Purpose

The purpose of this 10-Year Educational and Facility Master Plan is to provide a strategic planning framework for providing educational programming and major capital investments in Boston Public Schools (BPS) facilities over the next 10 years. The result of this effort will be a 10-year capital plan that may include renovations, repairs or additions to existing facilities, new construction proposals, potential facility consolidations, and optimized facilities management operations to ensure that every BPS facility meets District educational standards and anticipates future demand. The educational considerations for the selected Master Planning team (“consultant team”) will include, but may not be limited to, 1) increased early childhood programs with Universal Pre-K, necessitating the creation or retrofitting of facilities; 2) differentiated space for schools serving students in inclusion and dual language classrooms; 3) differentiated space for various grade levels and academic subjects (e.g. appropriately equipped labs for STEM instruction) ; and 4) classroom design and infrastructure conducive to supporting technology-enhanced education through seamless online access and one-to-one devices.

To achieve this, the selected consultant team throughout the project's duration will work closely with key stakeholders, including: Boston residents via community meetings, BPS, the Mayor’s Office, Property and Construction Management Department (PCMD), Finance and Budget, the Office of Energy, Environment, and Open Spaces, and the Boston Redevelopment Authority (BRA) to perform three major planning initiatives: • Codify programming standards to determine how BPS facilities should be configured in order

to help meet educational and capital planning goals, identify demographic trends and enrollment projections to address both existing and anticipated capacity issues at schools as it coordinates with BPS’ student assignment policy, and develop a 21st century educational framework matching BPS educational standards with its facilities, infrastructure, and environment.

• Develop a Facility Condition Assessment to document existing facility conditions, identify capital repair needs, and provide a database of facilities information. The product will guide capital renewal of facilities.

• Develop options to repair, renovate, replace, consolidate, and/or build new schools. These options will include a funding strategy with a clear and predictable short- and long-term schedule, and will be based on findings from the first two steps.

The consultant team will be provided with data from previously completed studies, including the Massachusetts School Building Authority (MSBA) Needs Survey, City of Boston Capital Improvements database and archives, City of Boston Capital Construction: Budgeting and Designing for Energy Efficiency, and City of Boston climate vulnerability analysis. The team is expected to review, interpret, and build upon all relevant data to complete the master planning effort. It will load all facility condition assessment data into the IBM Maximo software platform currently used by City of Boston departments.

Master Plan Context Educational Context In April of 2014, the Boston School Committee unanimously approved a set of goals and priorities as part of a strategic vision statement developed through community input.

Goals from “Boston Public Schools Strategic Vision: Aspirational Goals and Priorities”:

• BPS will graduate all students as life-long learners and engaged global citizens, well-prepared for post-secondary pathways.

• BPS will be a district of all high-performing schools, eliminating both the opportunity gap and the achievement gap.

• BPS will recruit, hire, develop, support, and retain highly effective, culturally proficient school and district leaders, teachers, and staff who are held accountable for improving student outcomes.

• BPS will make effective and equitable all available resources. • BPS will strengthen student, family, and community investment to enable student

success. Priority Areas from “Boston Public Schools Strategic Vision: Aspirational Goals and Priorities”:

1. BPS will provide rigorous, effective, and engaging curriculum, instruction, and enrichment. Special focus will be given to the following areas:

a) Literacy, particularly in early and transition years, to build a strong foundation for academic success across all subject areas and grades. b) College readiness and/or career preparedness.

2. BPS will continue to foster an environment of high expectations combined with targeted interventions and support in order to meet the learning needs of all students. 3. BPS will provide equitable access to quality facilities and highly effective programs. 4. BPS will implement strategies to ensure every school will have highly effective school leaders, teachers, and staff. The workforce will reflect the rich diversity of the students BPS serves. 5. BPS will continue to increase school autonomy and support to schools while also strengthening clear systems of accountability for both central office and schools. 6. BPS will empower, support, and hold accountable school leaders, teachers, and staff to effectively engage with families, partners, and the community to foster shared responsibility for student achievement. BPS is committed to ensuring that its facilities are conducive to the goals and priorities outlined above.

Facilities Context The Boston Public Schools oversees 133 City-owned and leased educational facilities throughout the City. (See attached list of properties.) This list encompasses elementary schools, K-8 schools, middle schools, high schools, schools serving grades 6-12, early education centers, and support buildings. Several facilities house multiple school programs, and some school programs are spread over multiple facilities.

BPS’s buildings have been constructed in distinct periods: pre-1910, the 1920s and 1930s, in the early 1970s, and in years since 1998. Age is somewhat independent of condition, since there are older buildings that have been recently restored and there are newer buildings that will soon be ready for system replacements and other improvements. Climate change and its effects are changing the environment in which buildings must operate.

Capital improvements and replacement of school facilities have historically been funded through major bond authorizations and Massachusetts School Building Authority funding. Although much progress has been made, there remain significant and ongoing capital improvement needs. BPS began a preliminary facility analysis/ master planning effort in 2012, which grew out of a need to resolve several near-term educational and facility challenges. As a result, BPS has developed a Capital and Facilities Plan titled “Grow with Boston” that addresses BPS seat capacity and school pathways among other issues. School Assignment Context

In 2013, the Boston Public Schools completed a new school choice plan that will provide all BPS students with access to quality schools as close to home as possible (See http://www.bostonpublicschools.org/register for more information on the BPS Home-Based registration process). During the process that led to the school choice plan, the following facilities-related themes surfaced:

• Improving facility conditions to meet safety, accessibility and sustainability needs • A comprehensive evaluation of school facility quality to ensure equity across the

district • Location of schools to reduce transportation costs • Buildings that meet 21st century educational programmatic standards • More efficient utilization of resources, including personnel

Scope Part 1 – Educational Requirements and Enrollment Projections Long-Range Educational Facilities Planning Policy Guidance In order to continue to strengthen the portfolio of school options to meet the diverse needs of BPS students, it is important to consider various grade level configurations, such as early childhood centers and schools with grade ranges across the spectrum of PK through 12. Considerations include: 1) Universal Pre-K necessitating the creation or retrofitting of facilities to align with National Association for the Education of Young Children (NAEYC) certification; 2) differentiated space for schools serving students in inclusion and dual language classrooms; 3) differentiated space for various grade levels and academic subjects (e.g. appropriately equipped labs for STEM instruction); and 4) classroom design and infrastructure conducive to supporting technology-

http://www.bostonpublicschools.org/register

enhanced education through seamless online access and one-to-one devices. BPS must also consider the changing academic needs of its students. Spaces and rooms must be flexible and easily converted into one-on-one, multipurpose, and collaboration spaces to support curriculum and programs for these grade-level configurations as needs and standards shift. Educational spaces must include reliable infrastructure to support technology-enhanced education through seamless online access, aimed toward one-to-one devices that also build in collaboration skills with students and teachers to prepare students for 21st-century learning. Demographic Demand and Enrollment Projections The consultant will also need to examine and analyze demographic trend data of children and families in Boston and report on trends over time to provide enrollment projections of student population shifts by age group over 10 years. Enrollment projections must be based on, but not limited to: live births, population trends, housing data, and student enrollment for the past 10 years. Additionally, enrollment information must identify the geographic locations of the demographic demand. Geographic enrollment demand will be coordinated with the student assignment, transportation requirements, and educational facility capacity. In order to achieve this, the consultant team will work in close collaboration with the Mayor’s Office, BPS, and the BRA to utilize existing demographic data and provide a robust understanding of the concentrations of families and school-aged children over time. Tasks:

o Work with BPS to develop and codify educational standards to advance Strategic Academic and Capital Planning Goals and best practices;

o Work with BPS academic specialists, assistant superintendents and department heads to develop educational adequacy criteria used in facility assessments. Educational standards must include:

• Grade configuration standards • Accreditation requirements • Massachusetts School Building Association (MSBA) standards • Technology goals • Staffing requirements • Special Education and Inclusion requirements • English Language Learner requirements • National Best Practices and future Educational Initiatives;

o Work with BPS and BRA to gathering demographic data required for Enrollment

Projections; o Work with BPS Office of Engagement to host citywide community conversations to

review options and determine future grade configurations.

Report Deliverables • Interim reports, PowerPoint presentations, and documents at key milestones for progress review and discussion. • Meeting preparation, agenda, materials, and minutes.

• 10-year Enrollment Projections with demographic data and geographic locations. • Educational Guidelines for facilities evaluation. Schedule Tasks to be completed no later than 6 months from start of contract.

Scope Part 2 – Facilities Condition Assessment The consultant will be tasked with collecting, evaluating and inputting data for the 11 million gross square feet (GSF) portfolio of buildings to identify routine capital maintenance needs and to provide other facility information for use in the development of project scenario options in Part 3 of this report. A Facility Summary inventory template will be developed jointly with BPS and PCMD to document and assess each facility. Inventories will be pre-populated by BPS and PCMD to the greatest extent possible with the consultant team finalizing the inventory and assessment. Relevant consultant team members will be required to visit each facility to understand its programmatic function, major features, general condition, and building systems. Such assessments will be "visual" in nature and destructive testing will not be required.

Tasks: Selected consultant will provide a detailed Scope of Work Plan establishing tasks, deliverables, and schedule with tasks including, but not limited to:

o Finalize work plan with proposed approach, team responsibilities, and schedule breakdown;

o Review existing materials and data (See Section 2 for a list of key documents that will be available to selected consultant team);

o Organize and lead weekly meetings, planning workshops and project summits at key points throughout the project's duration;

o Conduct site visits and complete Facility Summary and Assessment: Visit and evaluate each BPS facility to assess its ability to meet the condition, needs, accessibility and critical life safety requirements, under both current and projected environmental conditions. A facility inventory template will be jointly developed for this purpose and will be generally pre-populated by BPS and PCMD. The Consultant team will: complete the facility inventory summary through on-site reconnaissance, field verification and facility staff interviews; assess facilities with respect to use, quality, condition, energy use, and capital needs; compile graphics including site plan, floor plans, and photographs; and present facility assessment findings at stakeholder presentations.

BPS-owned and leased Facility Summary and Assessment will include (but not be limited to) data and assessment in the following categories:

o General Data: Neighborhood, address, Parcel Identification Number (PIN), owner, year

built, historical status, grades, enrollment, parcel size, building footprint, GSF, number of stories, utilities operating costs, educational spaces, assessed value

o Site: Location, access, public transportation, parking, environmental, athletic facilities, city libraries, site amenities (school yard improvement, outdoor classroom), and square footage of outside areas, zoning requirements and historical status.

o Program: Educational program, existing staffing, enrollment, operational fit, security, food service and technology.

o Building: Overall character and building condition and assessment, including site conditions, exterior envelope, electrical, HVAC, plumbing, fire protections systems, interior finishes, roofing, security, building code issues, accessibility, sustainability, climate vulnerability for projected conditions over the next 75 years, critical problems, recent improvements, assets (library, kitchen type, gym, auditorium, etc.), Facility Condition Index (FCI),Facility Needs Index (FNI), and BPS-provided Energy Use Index.

o Systems: Utilities, mechanical/electrical/plumbing/fire protection/elevator/IT/teledata assessment, critical problems, recent improvements, security systems

o Green Technologies and Energy Efficiency: Distributed energy systems such as solar, solar thermal, and onsite Co-generation optimization. Energy efficiency measures to enhance facility performance such as building automation system optimization and retro-commissioning.

o Climate preparedness: Vulnerability to major projected impacts of climate change, including expanding floodplain and increased frequency of flooding due to sea-level rise and greater intensity of storms, higher average heat and heat waves; vulnerability to systemic effects of climate change (e.g., power blackouts, restricted accessibility, low air quality). The analysis should incorporate and extend the climate vulnerability assessment contained in the 2013 Municipal Vulnerability report. Vulnerability should include both the vulnerability of the facility itself and the health and safety of students and staff in the facility.

IBM Maximo Data Collection and Loading

The consultant shall collect, evaluate and enter all facility information into the BPS’s Maximo facility database. Final database product will be property of BPS. The consultant team will be provided data from previously completed studies including the Massachusetts School Building Authority (MSBA) Needs Survey, Boston Public Schools existing databases, and City of Boston Capital Improvements database and archives and is expected to review, interpret, and build upon all relevant data to complete the master planning effort.

Data uploaded into the database may include, but may not be limited to, all building characteristics such as floor plans, reflected ceiling plans, roof plans, all with standardized room naming conventions, elevations, building assets (roofs, boilers, windows, furniture, HVAC, electrical), and inventory of all major energy systems (boiler, chillers, compressors, cooling towers, roof top units, combined heat and power plants, back-up generators, computer/data center). Each of these energy systems should include: original manufacturer information, installer (company info, contact, and warranty), date of installation, system warranties, number of times serviced, operations manual, preventive maintenance schedules, and current and past service contractors (basic company info, contact, contract term(s) – including scope of service).

Deliverables • Interim reports, PowerPoint presentations, and documents at key milestones for progress review and discussion. • Meeting preparation, agenda, materials, and minutes. • Draft Facilities Assessment Reports including asset life-cycle analyses and a proposed Capital Plan (Draft and Final Reports). • Simple building plans with site plan and elevations. • Updated Maximo database with results of the Facility Condition Assessment. Schedule Tasks to be completed no later than 6 months from start of contract.

Scope Part 3 – Master Plan and Funding Recommendations

The consultant will present the 10-Year Master Plan options for consideration along with a project schedule/timeline for accomplishing recommendations, funding, and cash flow. Master planning options will review current, short term, and long term BPS capital improvements relative to asset life-cycle analysis generated from the Facility Condition Assessment. Tasks: The consultant will use data gathered in Scope Part 1 – Educational Requirements and Enrollment Projections and Scope Part 2 – Facilities Condition Assessment to:

o Develop alternative scenarios for facility improvement in close collaboration with BPS and PCMD. These scenarios will incorporate capital repair needs, facility assessments, educational criteria, and financial considerations to propose phasing for major capital investments including building modernization, replacement, repairs, consolidation, and projected facility and energy operating costs. Each scenario shall include budgetary cost modeling and "what-if' scenarios.

o Develop preliminary recommendations and prioritized implementation plan for next 10 years in close collaboration with BPS and PCMD and after receiving feedback from planning participants and key stakeholders.

o Assess the benefits/costs of and provide recommendations on the responsibilities of a city-owned department charged with school building design, construction, funding, and management. Present recommendations at conclusion of project.

o Prepare professionally written and packaged capital plan report (draft and final) including executive summary, overview of facilities assessment approach and methodology, findings and recommendations, asset lifecycle analyses, appendices with relevant data, reference documents and resources, meeting notes, presentation packages, Facility Condition Assessment, and all relevant planning material and graphical information.

o Prepare a high level analysis of transportation impacts of facility options. o Prepare funding scenarios and strategies for implementation in collaboration with

the Office of Budget Management to ensure financial feasibility, city financial capacity and a realistic assessment of funding opportunities from MSBA. Scenarios will include cash flow projections that coordinate with schedule, facilities capital plan and funding strategies.

Master planning options will also be presented to a number of stakeholders for input and recommendations before being finalized.

The consultant team will also be responsible for the development and use of decision-making tools that clearly present and analyze data, establish selection criteria, and model potential scenarios. These tools will inform the City’s five-year capital plan for each of the next ten budget cycles. The Office of Budget Management will use the findings to develop bond requests for capital investment for renovations, energy upgrades, repairs, construction of new schools and related consolidations. Deliverables • Interim reports, PowerPoint presentations, and documents at key milestones for progress

review and discussion. • Meeting preparation, agenda, materials, and minutes. • Alternative scenarios for facility improvement. • Preliminary recommendations and prioritized implementation plan.

• Capital Plan Report. • Transportation evaluation. • Budget cost models, funding strategies, cash flow and schedule. • Decision making tools and processes. • 10-Year Educational and Facility Master Plan (draft and final).

Schedule Tasks to be completed no later than 12 months after the completion of Parts I and 2

List of information that will be made available to the selected consultant team: ● Boston Public Schools Strategic Vision: Aspirational Goals and Priorities, April 2014 ● BPS 5 Year Capital Facilities Master Plan, Fiscal Years 2014-2018, Vols. I-III ● Inclusion and Universal Design: Supporting All Students, January 2014 ● BPS Guiding Principles of Authentic Community Engagement ● Vision of the BPS Graduate, page 6 – Acceleration Agenda 2009-2014 ● City of Boston Capital Construction: Budgeting and Designing for Energy Efficiency, August 2013 ● Climate Ready Boston: Municipal Vulnerability to Climate Change, October 2013 ● Mayor Martin J. Walsh, Boston 2014 Transition Team, Education Work Group Transition Team Report, April 16, 2014 ● List of BPS Facilities ● BPS facility information that currently exists in Maximo and Assetworks software applications.

Section II:

Designer Selection Information

Designer Selection Information The City of Boston (COB) selects architects, engineers, planners and other consultants in accordance with Massachusetts General Laws Chapter 7C, §§ 44-57. The information set forth in this document represents the entire selection process for the Boston Public Schools Ten Year Educational and Facility Master Plan Project and will be made available to the public upon request. Qualified Design Firms To be considered for selection, Prime Applicants must meet the definition of a “Designer” as described in M.G.L Chapter 7C § 44, the excerpt of which is shown below.

“Designer”, an individual, corporation, partnership, sole proprietorship, joint stock company, joint venture, or other entity engaged in the practice of architecture, landscape architecture, or engineering, which satisfies the following:

(i) if an individual, the individual is a registered architect, landscape architect, or engineer;

(ii) if a partnership, a majority of all the partners are persons who are registered architects, landscape architects, or engineers;

(iii) if a corporation, sole proprietorship, joint stock company or other entity, the majority 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 person to have the project in his or her charge is registered in the discipline required for the project;

(iv) if a joint venture, each joint venturer satisfies the requirements of this section.

It should be noted that “registered architect” is interpreted as being an architect registered in the Commonwealth of Massachusetts.

Joint Ventures and Associations: In addition to the Designer Application, a legal Joint Venture must submit a detailed statement, outlining each firm’s role and responsibilities including percentages of assigned work and a statement describing how the team will work together on this project. This statement must also include the lead firm’s location, phone, and fax numbers. Failure to include a detailed statement may result in disqualification. This detailed statement must be presented with the Designer Application.

For the purposes of this application, Associated Designers should be considered consultants to the Prime Applicant for the project. The Prime Applicant is defined as the entity with which the City of Boston will execute the Master Plan Study Contract between the City of Boston Public School Department and the Study Designer for Professional Design Services for this project.

Designer Selection Process 1. The COB advertises all contracts in the City Record, Boston Globe and The Central

Register. Advertisements will include project information, application procedures and application deadlines. This project may be advertised in other publications as well.

2. Upon request, all interested designers will be provided with an application package which

will include:

a) A copy of the Advertisement, which provides detailed information on the project scope, budget and submittal requirements.

b) A copy of the General Scope of Work, which provides more detail on the project scope and deliverables.

c) Paper and electronic copies, if requested, of The Commonwealth of Massachusetts

Standard Designer Application Form for Municipalities and Public Agencies not within the DSB’s Jurisdiction (Updated February 2013), and The City of Boston Supplemental Requirements Package (the combination of which is to be referred to as the Designer Application).

d) Paper and electronic copies, if requested, of the COB’s Designer Selection Process Information, the Evaluation Criteria, the Instructions To Applicants and the Master Plan Study Contract between the City of Boston Public School Department and the Study Designer for Professional Design Services, along with other relevant information.

3. All applicants are required to complete the Designer Application and submit it the Boston Public Schools Department (BPS) c/o the Public Facilities Department (PFD) Bid Counter. Designers may be disqualified if the proper Standard Designer Application Form and the Supplemental Requirements Package are not fully completed and submitted.

4. A Designer Selection Committee (DSC) will be established for this project. This Committee

will consist of members representing various stakeholders and will be charged with making a recommendation the BPS Superintendent as to which Applicant team should be selected.

5. Following submission of applications, COB staff will confirm that the correct application

forms have been submitted, that the required signatures are in place and that all of the basic submission requirements are met. Failure to meet these submission requirements may result in disqualification.

6. Initial ratings will then be performed for each applicant. Various categories with numerical ratings are designed to make relative comparisons between applicants. The numerical values for each of the rating categories are listed on the Evaluation Criteria sheet included in this Application Package.

7. A meeting of the DSC for the project will be held after initial ratings have been completed.

This is a Public Meeting and details will be posted on the City Clerk website located at http://www.cityofboston.gov/calendar/cityclerk.asp. DSC members will discuss the scope of work and other selection criteria, review the initial ratings and establish ratings for additional criteria as described on the Evaluation Criteria sheet. The DSC members will individually rate each applicant. The ratings will be consolidated and a short-list of at least three finalists

will be developed. The DSC will hold as many meetings as are necessary to review the information and to come to its conclusion.

8. Short-listed finalists will then be invited to interview before the DSC. All finalists will be

required to present specific information to assist the DSC in making a final recommendation.

9. After the DSC’s final vote, a recommendation ranking the short-listed finalists in order of preference will be forwarded to the BPS Superintendent for approval. The BPS Superintendent, at his discretion, may approve any of the top-ranked finalists.

10. Upon approval of the selection, letters will be mailed to all applicants notifying them of the

decision.

11. Following receipt of the BPS Superintendent’s approval, the Project Manager will begin fee negotiations with the selected firm and initiate a contract. In the event a contract agreement cannot be reached, the Project Manager, upon approval of the BPS Superintendent may initiate contract negotiations with second-ranked finalist. This process may continue at the City’s sole discretion, in the order of the short list, until a contract agreement is reached.

Shortlist Evaluation Criteria

Firm Name Project No.

Disqualification Review Prime Applicant meets MGL Ch. 7C sec. 44Application is signed by Prime Applicant official Prime Applicant agrees to sign COB ContractApplication is complete and on proper forms Prime Applicant has supplied COGS

Criteria 1-13 to be rated by COB Staff1. Applicant Team has all of the disciplines and/or 7. Similar projects completed in the last ten years by

consultants required in the advertisement. the Educational Expert involving programmingYes 10 and grade configuration for a large, urban, K-12No 0 school system with an enrollment > 35k students.

4-5 projects 102. Professional experience of Prime Applicant's 2-3 projects 5

Project Manager assigned to this project. 1 project 115 years and over 10

10-14 years 7 8. Similar projects completed in the last ten years5-9 years 3 involving facilities assessments using multiple0-4 years 0 assessment teams.

4-5 projects 103. Professional experience of Educational 2-3 projects 5

Expert's primary staff person assigned 1 project 1to this project.

15 years and over 10 9. Projects completed in the last ten years10-14 years 7 illustrating knowledge of MA construction

5-9 years 3 procurement req'ts and costs. May include0-4 years 0 design and construction projects.

4-5 projects 104. Professional experience of Educational 2-3 projects 5

Facility Planner's primary staff person assigned 1 project 1to this project.

15 years and over 10 10. Similar projects completed in the last ten years10-14 years 7 involving facilities data collection, standardization

5-9 years 3 and entry into a maintainable database.0-4 years 0 4-5 projects 10

2-3 projects 55. Similar large-scale Master Plan projects 1 project 1

completed by Prime Applicant within the last Bonus:ten years. Projects using Maximo Software x 1 pt. ea. =

4-5 projects 102-3 projects 5

1 project 1 11. Facility studies completed in the last ten yearsincluding sustainability assessments.

Bonus: 4-5 projects 10Large urban school system projects with 2-3 projects 5enrollment > 35,000 students. x 1 pt. each = 1 project 1Count only projects where Applicant was Prime

6. Similar projects completed by consulting firms 12. Projects completed in the last ten years involvingwithin last ten years. significant community involvement.

Combined average number of projects 4-5 projects 10for all required consultants. Round to 2-3 projects 5closest whole number, up to 5 points. 1 project 1

Shortlist Evaluation Criteria

13. Projects completed in the last ten years 19. Appropriateness of applicant to be selected forinvolving the crafting of financing options, this project (a written explanation must funding models and cash flow projections. accompany this rating).

4-5 projects 102-3 projects 5 Appropriate 0 to 20

1 project 1 Inappropriate -1 to -20

Application Review Notes:INITIAL RATING TOTAL

Criteria 14-19 to be rated by individual SC members atShortlist Selection Meeting.

14. Experience and qualifications of EducationalExpert particularly as related to educationaltrends and standards to meet 21st Centurychallenges (a written explanation mustaccompany this rating).

Demonstrated overall experience 0 to 10

15. Expertise and experience of EducationalFacilities Planner with 21st Century educationalfacility standards. Knowledge of MSBA facilitystandards is preferred (a written explanationmust accompany this rating).

Demonstrated overall experience 0 to 10

16. Experience of proposed project team workingtogether on other projects (a written explanationmust accompany this rating).

Missing disciplines (if any):Demonstrated overall experience 0 to 10

17. Quality of applicant's approach to collecting andanalyzing demographics and applying them to a Master Plan.

Excellent 10Good 5

Fair 0Poor -5

18. Quality of Applicant's project approach (a writtenexplanation must accompany this rating).

Excellent 10Good 5

Fair 0Poor -5

Section III:

Instructions to Applicants

August 2014

Instructions to Applicants The Designer Application consists of The Commonwealth of Massachusetts Standard Designer Application Form for Municipalities and Public Agencies not within DSB Jurisdiction (Updated February, 2013), along with The City of Boston Supplemental Requirements Package. In addition, applicants are required to submit an original Certificate of Good Standing from the Secretary of the Commonwealth of Massachusetts with their application.

Designers may be disqualified if the appropriate Standard Designer Application Form and the Supplemental Requirements Package are not fully completed and submitted and the original Certificate of Good Standing is not attached. Please note that all information must be provided on the included Designer Application forms and pages. Substitute forms will not be accepted.

Designer Application Guidelines

• Submit one (1) original and ten (15) complete copies of the Designer Application and required documentation.

• Adequate room has been provided on the forms for all information required and

unless specifically stated, continuation sheets may not be submitted. Beyond providing the information requested, forms must not be modified from their original state.

• On Supplemental Forms A and B there are spaces to provide percentages of staff

workweek assigned to this and other projects. Be sure that the total percentage for each staff member on these pages does not exceed 100%.

• Credit for current and relevant work by the Prime Applicant will only be given if the work was performed under the Prime Applicant’s firm name. Work done by the firm’s staff while employed elsewhere will not be counted for these categories. Joint Venture work must be done under the names of the individual firms in the Joint Venture or by the Joint Venture itself. Prime Applicants must qualify any work presented that was performed through other firms.

• The Designer Application requires you to provide current and relevant projects performed by consulting firms in those disciplines specified in the advertisement. In the initial ratings, credit will be given only for these disciplines. You may, however, include experience for consulting firms in other disciplines if you believe such to be necessary.

• If the Applicant Firm is providing services for any of the disciplines required in the advertisement, current and relevant projects must be provided specifically for those disciplines or points will not be awarded. This experience should be documented in section 8b of the Commonwealth of Massachusetts form for subconsultant experience.

• If applying as a Joint Venture, combine all answers to each question and use one form. When listing project experience, indicate which firm completed the listed

August 2014

project. Be sure to include a detailed statement describing the Joint Venture as required and outlined in this Designer Application Package. You may only submit projects for consideration up to the limit specified on the forms. The limit does not apply to each firm in the Joint Venture, only to the Joint Venture itself. For example, if the form asks for up to 5 projects, the Joint Venture may only submit up to 5 projects total, not 5 projects per member.

• Current and relevant projects listed in all pertinent designer selection forms should not be more than ten (10) years old. Projects completed prior to that time will not be considered for rating purposes.

• Applicants must be Registered Architects, or Engineers if applicable, in accordance with the requirements of Massachusetts General Laws Chapter 7C, §§ 44-57. To determine this eligibility, the COB reviews information provided in sections 13, 14 and 15 of the Commonwealth of Massachusetts Application Form as well as information on file with the Secretary of the Commonwealth. It is very important for applicants to complete this information correctly. As a guide, the following information should be provided in these sections based on the type of organization:

o If the applicant is an individual, his or her name should be listed in Item 13. Item 14 would remain blank because a sole proprietorship is not a corporation. Item 15 should be answered completely.

o If the applicant firm is a partnership, all partners should be listed in Item 13. Item 14 would remain blank because a partnership is not a corporation. Item 15 should be answered completely.

o If the applicant firm is a corporation, sole proprietorship, joint stock company or other entity, all officers should be listed in Item 13, remembering to include official titles for each officer. Item 14 should include names of all members of the Board of Directors, remembering to include titles of all officers. Item 15 should be answered completely, remembering to include the titles of all owners if they serve as officers in the corporation.

o If applicant firm is a joint venture, each joint venture entity must satisfy the requirements of Chapter 7C, §§ 44-57.

• Every applicant must agree to sign the attached Master Plan Study Contract Between the City of Boston Public School Department and the Study Designer for Professional Design Services without modification. Failure to provide such agreement will result in disqualification from further consideration in this selection process. Supplemental Form N, entitled Notice of Intent to Sign, is included in the Designer Application and must be signed and returned as part of the Application Package or the applicant will be disqualified.

Other Information • Addenda will be sent by electronic mail (e-mail), or facsimile if an e-mail address is not

provided to the Official, to all parties who, according to the Official's records, have obtained Designer Selection Documents and have furnished to the Official an e-mail

August 2014

address and/or facsimile number for the purpose of receiving the Addenda. The City of Boston will no longer issue addenda by the U.S. Postal Service. Should any person, firm, contractor or vendor not have access to e-mail or facsimile, notice of the same needs to be provided in writing on the attached Applicant Registration Form and timely submitted to the PFD Bid Counter. All who register their information with PFD Bid Counter are responsible for providing any updates or corrections concerning all contact information. In addition, it is your responsibility to make certain that you received any and all addenda relating to the Project. The PFD Bid Counter is able to confirm the number of addenda and issuance dates of the same for the Project. You may contact the PFD Bid Counter via telephone at 617-635-4809 or facsimile at 617-635-4852 Monday through Friday, except for City of Boston recognized holidays, and during the business hours of 9:00 a.m.-12:00 p.m. and 1:00 p.m. – 4:00 p.m. (Eastern Time), or through e-mail at [email protected].

• Applicants are notified that if selected, they will be required to sign the COB standard agreement, and the City’s Standard Contract Form CM-10. Further, each applicant agrees to carry insurance coverage in types and amounts specified in the Master Plan Study Contract provided in this Application Package.

Submission of Applications • All applications must be received no later than 4:00 P.M. (Eastern Time) on Tuesday,

September 9, 2014, at the PFD Bid Counter address listed below. Late applications will not be accepted.

• The Designer Application and all other required documentation (one original and fifteen copies) must be submitted together in one package. Clearly mark the envelope with the name of the firm and the project title.

• Application packages must be sent to:

Boston Public School Department c/o The Public Facilities Department Bid Counter 26 Court Street, 10th Floor Boston, MA 02108

***IMPORTANT: Applications MUST be dropped off or sent directly to the Public Facilities Bid Counter. The COB is not responsible for applications dropped off or sent to other locations.*** Applications will NOT be taken at the BPS Bid Counter. • All questions must be in writing and directed to the Public Facilities Department Bid Counter

by email at [email protected]. All questions must be submitted by 4:00 pm on Thursday, August 28, 2014. No questions will be accepted after that time. Questions and answers will be shared prior to the submission deadline with all potential applicants who submit a Registration Form.

Section IV:

Designer Applications Forms and Information

August 2014

BOSTON PUBLIC SCHOOLS TEN YEAR MASTER PLAN

APPLICANT REGISTRATION FORM

Date: _________ Project Name: Project No.: Legal Business Name (as it appears with the MA Secretary of State):

________________________________________________

Current Business Address: Street Floor/Unit/Suite City/Town State/Country Zip Code E-mail – Primary (print legibly): ______

E-mail –Secondary (print legibly):

Business Telephone Number – Primary (print legibly): Area Code Extension Business Telephone Number – Secondary (print legibly): Area Code Extension Facsimile Number (print legibly): Area Code

Contact Person’s Name (print legibly):

Contact Person’s Title/Position (print legibly):

Contact Person’s Cell phone Number (print legibly): ______ Area Code

City of Boston Public School Department c/o Public Facilities Department Bid Counter

26 Court Street, 10th floor Boston, MA 02108

Phone: 617-635-4809 Fax: 617-635-4852

Email: [email protected]

An electronic copy of this form may be obtained by contacting the PFD Bid Counter in person, via email, by mail, or by telephone. All PFD Bid Counter contact information is listed above.


COB Update August 2014 Municipalities & Other Public Agencies Form Page 1

Commonwealth of Massachusetts Standard Designer Application Form for Municipalities and Public Agencies not within DSB Jurisdiction (Updated February 2013)

1. Project Name/Location For Which Firm Is Filing: 2. Project #

This space for use by Awarding Authority only.

3a. Firm (Or Joint-Venture) – LEGAL Name and Address Of Primary Office To Perform The Work:

3e. Name Of Proposed Project Manager:

For Study: (if applicable) For Design: (if applicable)

3b.

Date Present and Predecessor Firms Were Established:

3f. Name and Address Of Other Participating Offices Of The Prime Applicant, If Different From Item 3a Above:

3c.

Federal ID #:

3g. Name and Address Of Parent Company, If Any:

3d. Name and Title Of Principal-In-Charge Of The Project (MA Registration Required):

3h. Check Below If Your Firm Is Either:

(1) SDO Certified Minority Business Enterprise (MBE) Email Address: (2) SDO Certified Woman Business Enterprise (WBE) Telephone No:

Fax No.: (3) SDO Certified Minority Woman Business Enterprise (M/WBE)

4. Personnel From Prime Firm Included In Question #3a Above By Discipline (List Each Person Only Once, By Primary Function -- Average Number Employed Throughout The Preceding 6 Month Period. Indicate Both The Total Number In Each Discipline And, Within Brackets, The Total Number Holding Massachusetts Registrations):

Admin. Personnel ( ) Ecologists ( ) Licensed Site Profs. ( ) Other ( )

Architects ( ) Electrical Engrs. ( ) Mechanical Engrs. ( ) ( ) Acoustical Engrs. ( ) Environmental Engrs.

( ) Planners: Urban./Reg. ( ) ( )

Civil Engrs. ( ) Fire Protection Engrs.

( ) Specification Writers ( ) ( ) Code Specialists ( ) Geotech. Engrs. ( ) Structural Engrs. ( ) ( ) Construction Inspectors ( ) Industrial Hygienists ( ) Surveyors ( ) ( ) Cost Estimators ( ) Interior Designers ( ) Certified Energy Mgr ( ) ( ) Drafters ( ) Landscape Architects ( ) ( ) Total

( )

5. Has this Joint-Venture previously worked together? Yes No


6. List ONLY Those Prime And Sub-Consultant Personnel Specifically Requested In The Advertisement. This Information Should Be Presented Below In The Form Of An Organizational Chart.

Include Name Of Firm And Name Of The One Person In Charge Of The Discipline, With Mass. Registration Number, As Well As MBE/WBE Status, If Applicable:

CITY/TOWN / AGENCY

Prime Consultant Principal-In-Charge

Technical Consultant Discipline

(from advertisement)

Name Of Firm Person In Charge Of Discipline

Mass. Registr. # MBE/WBE Certified (If

Applicable)





Applicable)





Applicable)





Applicable)

Project Manager for Study

Educational Facilities Planner

Demographer Financial Consultant

Facilities Assessment Lead

Educational Expert

Applicants should add boxes as needed for Technical Consultants required in the advertisement and/or others proposed as part of the Applicant Team.


7. Brief Resume Of ONLY Those Prime Applicant and Sub-Consultant Personnel Requested In The Advertisement. Confine Responses To The Space Provided On The Form. Include Resumes

of Project Managers. Resumes Should Be Consistent With The Persons Listed On The Organizational Chart In Question # 6 and on Supplemental Form A. Additional Sheets Should Be Provided Only As Required For The Number Of Key Personnel Requested In The Advertisement And They Must Be In The Format Provided. By Including A Firm As A Sub-Consultant, The Prime Applicant Certifies That The Listed Firm Has Agreed To Work On This Project, Should The Team Be Selected.

a. Name and Title Within Firm: a. Name and Title Within Firm: b. Project Assignment: b. Project Assignment:

c. Name and Address Of Office In Which Individual Identified In 7a Resides: c. Name and Address Of Office In Which Individual Identified In 7a Resides: MBE MBE WBE WBE

d. Years Experience: With This Firm: With Other Firms: d. Years Experience: With This Firm: With Other Firms: e. Education: Degree(s) /Year/Specialization e. Education: Degree(s) /Year/Specialization

f. Active Registration: Year First Registered/Discipline/Mass Registration Number f. Active Registration: Year First Registered/Discipline/Mass Registration Number

g. Current Work Assignments and Availability For This Project:

g. Current Work Assignments and Availability For This Project:

h. Other Experience and Qualifications Relevant To The Proposed Project: (Identify Firm By Which Employed, If Not Current Firm):

h. Other Experience and Qualifications Relevant To The Proposed Project: (Identify Firm By Which Employed, If Not Current Firm):


8a. Current and Relevant Work By Prime Applicant Or Joint-Venture Members. Include ONLY Work Which Best Illustrates Current Qualifications In The Areas Listed In The Advertisement (List Up To But Not More Than 5 Projects). NOTE: Projects listed should include Master Plans for the purposes of evaluating Criterion #5.

a. Project Name And Location Principal-In-Charge.

b. Brief Description Of Project And Services (Include Reference To Relevant Experience). Note number of buildings and school enrollment, if applicable.

C. Client’s Name, Address And Phone Number (Include Name Of Contact Person)

d. Completion Date (Actual Or Estimated)

e. Project Cost (In Thousands) Estimated total cost of recommended upgrades.

Fee for Work for Which Firm Was Responsible

(1)

Current Phase:

(2)

Current Phase:

(3)

Current Phase:

(4)

Current Phase:

(5)

Current Phase:


8b. List Current and Relevant Work By Sub-Consultants Which Best Illustrates Current Qualifications In The Areas Listed In The Advertisement (Up To But Not More Than 5 Projects For Each Sub-Consultant). Use Additional Sheets Only As Required For The Number Of Sub-Consultants Requested In The Advertisement. Complete a separate Form 8b for ALL Technical (Mechanical, Electrical, Plumbing, etc.) Disciplines required in Advertisement. If multiple Disciplines are provided by one Vendor a separate form should be completed for each Discipline. Information will be used for evaluating Criterion #6.

Sub-Consultant Name: a. Project Name and Location

Principal-In-Charge b. Brief Description Of Project and

Services (Include Reference To Relevant Experience)

NOTE CURRENT PHASE

c. Client’s Name, Address And Phone Number. Include Name Of Contact Person

d. Completion Date (Actual Or Estimated)

e. Project Cost (In Thousands) Construction Cost or Assessment Cost of Upgrades.

Fee For Work For Which Firm Was/Is Responsible

(1)

Did Project go into Construction? Y / N Current Phase:

(2)


(3)


(4)


(5)



9. List All Projects Within The Past 5 Years For Which Prime Applicant Has Performed, Or Has Entered Into A Contract To Perform, Any Design Services For All Public Agencies Within The

Commonwealth.

# of Total Projects:

# of Active Projects: Total Construction Cost (In Thousands)

of Active Projects (excluding studies):

Role P, C, JV

*

Phases St., Sch., D.D., C.D.,A.C.*

Project Name, Location and Principal-In-Charge Awarding Authority (Include Contact Name and Phone Number)

Construction Costs (In Thousands) (Actual, Or Estimated If Not

Completion Date (Actual or Estimated) (R)Renovation or (N)New NOTE CURR PHASE

1.

2.

3.

4.

5.

6.

7.

8.

9.

10.

11.

12.

* P = Principal; C = Consultant; JV = Joint Venture; St. = Study; Sch. = Schematic; D.D. = Design Development; C.D. = Construction Documents; A.C. = Administration of Contract


10. Use This Space To Provide Any Additional Information Or Description Of Resources Supporting The Qualifications Of Your Firm And That Of Your Sub-Consultants For The Proposed Project. If Needed, Up To Three, Double-Sided 8 ½” X 11” Supplementary Sheets Will Be Accepted. APPLICANTS ARE ENCOURAGED TO RESPOND SPECIFICALLY IN THIS SECTION TO THE AREAS OF EXPERIENCE REQUESTED IN THE ADVERTISEMENT.

Be Specific – No Boiler Plate

11. Professional Liability Insurance: Name of Company Aggregate Amount Policy Number Expiration Date

12. Have monies been paid by you, or on your behalf, as a result of Professional Liability Claims (in any jurisdiction) occurring within the last 5 years and in excess of $50,000 per incident? Answer YES or NO. If YES, please include the name(s) of the Project(s) and Client(s), and an explanation (attach separate sheet if necessary). (Note: N/A is not an acceptable answer)

13. Name Of Sole Proprietor Or Names Of All Firm Partners and Officers:

Name Title MA Reg # Status/Discipline Name Title MA Reg # Status/Discipline a. d. b. e. c. f.

14.

If Corporation, Provide Names Of All Members Of The Board Of Directors: Name Title MA Reg # Status/Discipline Name Title MA Reg # Status/Discipline a. d. b. e. c. f.

15. Names Of All Owners (Stocks Or Other Ownership): Name And Title % Ownership MA. Reg.# Status/Discipline Name And Title % Ownership MA. Reg.# Status/Discipline

a. d. b. e. c. f.

16.

I hereby certify that the undersigned is an Authorized Signatory of Firm and is a Principal or Officer of Firm. I further certify that this firm is a “Designer”, as that term is defined in Chapter 7C, Section 44-57 of the General Laws, or that the services required are limited to construction management or the preparation of master plans, studies, surveys, soil tests, cost estimates or programs. The information contained in this application is true, accurate and sworn to by the undersigned under the pains and penalties of perjury.

Submitted by (Signature)

__________________________________________________

Printed Name and Title _______________________________

Date ____________

August 2014

SUPPLEMENTAL FORM A

Sub-Consultant Firms and their Personnel List Sub-Consulting Firms with key individuals to be assigned to this project (Attach additional pages as needed). Firm Name M/WBE Reg # Discipline/Project Role Years

Exp % Time Assigned to Project

Divide total years exp by number of individuals to provide average years experience:

Applicant Firm’s Personnel List all individuals in Prime Firm to be assigned to this project (Attach additional pages as needed). Name Reg. # Discipline Project Role

(Note: Project Manager must be identified.)

Years Exp % Time Assigned to Project

Divide total years exp by number of individuals to provide average years experience:

August 2014

SUPPLEMENTAL FORM B

Other Current Work List all work currently being performed by Firm Personnel to be assigned to this project:

Estimated

Percentage of Time Assigned

Name/Project Role Project/Owner/Brief Description Project Cost Phase Completion Date to this Project

August 2014

SUPPLEMENTAL FORM C

*Applicant’s Role: P=Prime, C=Consultant to Prime, S=Sub-consultant to Prime **Programming: Feeder system, Pre-K, Arts, Inclusion, Dual Language, STEM, Multipurpose spaces, etc.

Experience of Educational Expert in designing academic programming and grade configurations for a large, urban school district serving more than 35,000 students. List up to 5 projects performed by the Educational Expert within the last 10 years that involved the reconfiguration of the grade span for two or more schools in the District. Indicate programming you helped design for one or more of the projects. NOTE: Projects must include efforts that resulted in the reconfiguration of grades for the purposes of evaluating Criterion #7. Project Name/Owner/Location Name of School

District Student Enrollment at Time of Project

Number of Schools in District

Programming** Grade Configuration of District at Start of Project

Grade Configuration of District at End of Project

Applicant’s Role*

(check all that apply) PK-5 ☐ K-5 ☐ 6-8 ☐ K-8 ☐ 9-12 ☐ Other ____________ ☐

check all that apply) PK-5 ☐ K-5 ☐ 6-8 ☐ K-8 ☐ 9-12 ☐ Other ____________ ☐









August 2014

SUPPLEMENTAL FORM D

*Applicant’s Role: P=Prime, C=Consultant to Prime, S=Subconsultant to Prime **Sustainability Assessments: General sustainability (GS), energy efficiency (EE), distributed energy potential (solar, CHP, etc.) (DEP), LEED OR CHPS, Natural hazards vulnerability (NHV), Climate change vulnerability (CCV), Emergency preparedness (EP)

Applicant Firm’s Experience with Facilities Assessments List up to 5 projects performed by the Prime Applicant Firm within the last 10 years showing experience in managing facilities assessments requiring multiple assessment teams evaluating more than 50 buildings within the scope of a single project. NOTE: Information provided will be used to rate Criterion #8 and #11.

Project Name/Owner/Location (incl. owner contact info.)

Scope of facilities assessment including disciplines reviewed.

Total Sq Ft of Bldg(s)

# of Bldgs

Number of Assessment Teams

Total Cost of Recommended Upgrades

Sustainability Assessments** (see below)

Date Complete

Study Duration

Appl’s Role*

Current Phase:

GS EE DEP LEED CHPS NHV CCV EP

Current Phase:


Current Phase:


Current Phase:


Current Phase:


August 2014

SUPPLEMENTAL FORM E

Type: N=New Construction, R=Renovation Services: S=Study, P=Programming, D=Design Only, C=Construction Administration Only, DC=Design and Construction Administration Estimated Costs: List Construction Estimate and Final Costs Applicant’s Role: P=Prime, C=Consultant to Prime, S=Subconsultant to Prime

Applicant Firm’s Experience with Designing and Constructing Public Buildings in Massachusetts List up to 5 projects performed by the Applicant Firm within the last 10 years that illustrate knowledge and expertise in Massachusetts construction procurement requirements and costs. Projects listed MUST relate to M.G.L. Chapter 149 or 149a procurement. NOTE: Projects may include studies and/or design and construction projects for the purposes of evaluating Criterion #9.


Project Scope Description Sq Ft of Bldg(s)

Type Services Date Compl.

Estimated Const. Cost

Final Const. Cost

Appl’s Role

Did Project go into Construction? Y / N (circle one) Current Phase:





August 2014

SUPPLEMENTAL FORM F

Applicant’s Role: P=Prime, C=Consultant to Prime, S=Subconsultant to Prime

Applicant Firm’s Experience with Data Collection, Standardization, and Entry List up to 5 projects performed by the Prime Applicant Firm within the last 10 years showing experience in collecting and standardizing facilities data, and migrating it into an online maintainable database. NOTE: Information provided will be used to rate Criterion #10.


Description of data gathering and migration process.

Enterprise Facility Asset and Maintenance System Used

Accreditation of Data Collection and Loading Contractor

Use of Mobile Technology for Data Collection

Number of data points gathered per building site

Date Complete

Study Duration

Appl’s Role

Y / N

Y / N

Y / N

Y / N

Y / N

August 2014

SUPPLEMENTAL FORM G

Applicant Firm’s Experience with Projects Involving Community Process List up to 5 projects performed by Applicant Firm within last 10 years, which demonstrates the ability to effectively encourage and manage participation by a large and diverse community. Information provided will be used to evaluate Criterion #12.

Project Type: N=New Construction, R=Renovation, MP=Master Plan, S=Study


Description of Firm’s Role in Community Process Description of Process including methods used to engage a diverse community

# of Meetings

Avg. # of Meeting Participants

Number of residents in municipality

Date Complete

Current Phase: Project Type:





August 2014

SUPPLEMENTAL FORM H

Applicant Firm’s Experience with crafting financing options, funding models, and cash flow projections for facilities plans. List up to 5 projects performed by Applicant Firm within last 10 years, which demonstrates the ability to develop financing options, funding models, and cash flow projections for facilities plans. Information provided will be used to evaluate Criterion #13.

Notes:

(1) If Public, describe type of government entity (i.e. City, County, State, Federal). (2) If plan currently being implemented, what year is it in

Project Name/Owner Type of owner (see Note 1) Year Project Completed Applicant’s role Duration/size of proposed

plan (# years and $)

Funding sources

identified in Plan

Was the plan

implemented? (See

Note 2)

Was the plan

modified after

adoption?

Public / Private (circle one

and see Note 1)

Yes / No,

Implementation

Year

Yes / No (if Yes,

describe

modifications to

proposed plan)


and see Note 1)

Yes / No,

Implementation

Year

Yes / No (if Yes,

describe

modifications to

proposed plan)


and see Note 1)

Yes / No,

Implementation

Year

Yes / No (if Yes,

describe

modifications to

proposed plan)


and see Note 1)

Yes / No,

Implementation

Year

Yes / No (if Yes,

describe

modifications to

proposed plan)


and see Note 1)

Yes / No,

Implementation

Year

Yes / No (if Yes,

describe

modifications to

proposed plan)

August 2014

SUPPLEMENTAL FORM I

Team Experience Provide a one-page description of the experience and qualifications of the Educational Expert particularly as related to educational trends and standards to meet 21st Century challenges. NOTE: Information provided will be used to rate Criterion #14.

August 2014

SUPPLEMENTAL FORM J Team Experience Provide a one-page description of the experience and expertise of the Educational Facilities Planner with 21st Century educational facility standards, and, if applicable, MSBA facility standards. NOTE: Information provided will be used to rate Criterion #15.

August 2014

SUPPLEMENTAL FORM K

Team Experience Provide a one-page description of the experience of the proposed project team working together on other projects. Please provide sufficient detail regarding projects noted and include roles of the various team members. NOTE: Information provided will be used to rate Criterion #16.

August 2014

SUPPLEMENTAL FORM L

Applicant’s Role: P=Prime, C=Consultant to Prime, S=Subconsultant to Prime

Applicant Firm’s Experience with Collecting and Analyzing Demographic Data List up to 5 projects performed by the Prime Applicant Firm within the last 10 years showing experience in collecting and analyzing demographic data and applying them to a Master Plan. NOTE: Information provided will be used to rate Criterion #17.


Describe how you have collected and analyzed demographic data to develop population projections and facility needs in past projects.

Appl’s Role

August 2014

SUPPLEMENTAL FORM M

Project Approach Provide a one-page description of Prime Firm’s approach to the project based on the project description found in the Request for Qualifications. NOTE: Information provided will be used to rate Criterion #18.

August 2014

Supplemental Form N

Notice of Intent to Sign: To be considered for this Project, it is required that all applicants agree to sign and execute the Boston Public School Department Master Plan Study, a draft of which is included in this Application Package. The terms of this contract are non-negotiable and must be accepted without modification. By signing below, the authorized official from the Prime Applicant acknowledges this requirement and agrees to accept the terms of the following contract without modification:

Master Plan Study Contract Between the City of Boston Public School Department and the Study Designer for Professional Design Services.

Failure to sign this Notice of Intent to Sign will result in disqualification from further consideration for this project. _______________________________________ ___________________ (print) Name of the Authorized Official Date ________________________________________ (print) Title of the Authorized Official ________________________________________ (original signature) Name of the Authorized Official ________________________________________ Firm’s Legal Name Firm’s Official Stamp (if applicable)

August 2014

Supplemental Form O

Insert Commonwealth of Massachusetts Certificate of Good Standing Here

August 2014

Application Tips and Common Mistakes It is incumbent upon the Prime Applicant to ensure that the appropriate forms are

used when applying to this project. It is also the responsibility of the Prime Applicant to ensure that all consultants use the latest forms. Failure to do so may result in a lower score or disqualification. NOTE: electronic copies of all forms should be requested from the PFD Bid Counter. Do not download forms from the Commonwealth of Massachusetts website.

Applicants should be sure to read the Application Package prior to completing the application. Most answers to applicant questions, as well as information describing the selection process and criteria, can be found in the Package. It is strongly suggested that applicants review the Evaluation Criteria prior to completing the application.

Applicants must meet the legal definition of a designer under MGL c. 7C, §§ 44-57. To determine this eligibility, PFD compares information provided in sections 13, 14 and 15 of the Commonwealth of Massachusetts Application Form and information on file with the Secretary of the Commonwealth, to the specified criteria of M.G.L. c. 7C, §§ 44-57. It is very important for applicants to complete the aforementioned sections correctly. As a guide, please refer to the Instructions for Applicants in this Application Package for the specific information required.

Applicants must include an original, signed and stamped Certificate of Good Standing from the Secretary of the Commonwealth of Massachusetts with their application. If downloading the certificate from the Secretary of the Commonwealth’s website, only those with the colored seal will be accepted. NOTE: Certificates from the Department of Revenue are not acceptable. If the applicant firm is not registered with the Secretary of the Commonwealth, a typewritten explanation on company letterhead must be included in its place documenting the reason(s) for such. Failure to do so will result in disqualification. All explanations will be reviewed and decisions will be made by City of Boston legal staff with regard to their validity.

All firms must apply using the entity’s complete legal name. If applicable, this name must match that shown on the Certificate of Good Standing from the Secretary of the Commonwealth.

Applicants should be sure to include all disciplines required in the advertisement. Section 8b must be completed for each discipline. Failure to do so may result in a lower score. Vendors providing services for multiple disciplines (i.e. MEP), should complete a separate Section 8b form for each specific discipline.

If the Applicant Firm is providing services in-house for any discipline required in the advertisement, section 8b of the Commonwealth of Massachusetts Form must be completed for that discipline. Failure to do so may result in a lower score.

Applicants should be sure to identify the team’s Project Manager in the required locations throughout the application.

Applicants must complete all sections of the application. Be sure to provide answers for all information requested. Failure to do so may result in a lower score or disqualification.

August 2014

Application Tips and Common Mistakes (cont’) If a form requires the current phase of listed projects, be sure to include those

phases or the projects may be excluded for rating purposes. If a project did not go into construction, it should be reflected as a “design-only” project.

If a form requires an actual or estimated date of project completion, be sure to include the month and the year of project completion. Failure to do so may result in that project being excluded for rating purposes.

Applicants must be sure that the application is signed by an authorized signatory of the firm in section 16 of The Commonwealth of Massachusetts Form. Failure to do so will result in disqualification.

Applicants must be sure that an authorized signatory of the firm signs Supplemental Form N, Notice of Intent to Sign. Failure to do so may result in disqualification.

Applicants who receive the Application Package electronically must submit the included Applicant Registration Form in order to receive Addenda associated with the project. An electronic copy of the Form can be requested from the PFD Bid Counter.

All questions should be directed to the PFD Bid Counter by email at [email protected]. All questions related to the specific project must be in writing and must be submitted no later than 4:00 pm on Thursday, August 28, 2014. No questions will be accepted after that time.

Applications MUST be dropped off or sent directly to The Boston Public School Department, c/o The Public Facilities Department Bid Counter, 26 Court Street, 10th Floor, Boston, MA 02108. The City of Boston is not responsible for applications dropped off or sent to other locations.


August 2014

Applicant Deliverables

The Commonwealth of Massachusetts Standard Designer Application Form for Municipalities and Public Agencies not within Designer Selection Board Jurisdiction (Updated February, 2013). (One original and fifteen copies). Failure to sign the application form in section 16 will result in disqualification from further consideration.

The City of Boston Supplemental Requirements Package dated August 2014 (One original and fifteen copies). Failure to sign Supplemental Form N, the Notice of Intent to Sign the Master Plan Study Contract Between the City of Boston Public School Department and the Study Designer for Professional Design Services, will result in disqualification from further consideration.

An original, signed, and stamped Certificate of Good Standing from the Secretary of the Commonwealth of Massachusetts. If downloading the certificate from the Secretary of the Commonwealth’s website, only those with the colored seal will be accepted. NOTE: Certificates from the Department of Revenue are not acceptable. For those applicants who are not registered with the Secretary of the Commonwealth, a typewritten, signed and dated explanation documenting the reason(s) for such, must be provided. Failure to provide this information or if an applicant is not listed as being in Good Standing with the Secretary of the Commonwealth, is grounds for disqualification from further consideration.

Joint Venture Statement (if applicable). Optional: provide additional information on projects listed in the application

package. This may include full descriptions of the project scope, photographs, plans (reduced to 8 ½” x 11”), sketches, previous experience with consulting firms and other appropriate information (One original and fifteen copies).

NOTE: If requesting the Application Package electronically, all applicants must complete and submit the included Applicant Registration Form to the Public Facilities Bid Counter upon receipt.

NOTE: Questions should be directed to the Public Facilities Department Bid Counter by email at [email protected]. All questions must be submitted no later than 4:00 pm on Thursday, August 28, 2014. No questions will be accepted after that time.

IMPORTANT: Applications MUST be dropped off or sent directly to The Boston Public School Department, c/o The Public Facilities Department Bid Counter, 26 Court Street, 10th Floor, Boston, MA 02108. The City of Boston is not responsible for applications dropped off or sent to other locations.

Section V:

City of Boston Contract

©August 2014 City of Boston Public School Department. All rights reserved.

CITY OF BOSTON BOSTON PUBLIC SCHOOL DEPARTMENT

MARTIN J. WALSH, MAYOR John P. McDonough, Superintendent

MASTER PLAN STUDY CONTRACT BETWEEN THE CITY OF BOSTON PUBLIC SCHOOL DEPARTMENT AND THE STUDY DESIGNER FOR PROFESSIONAL DESIGN SERVICES

Study Name: Ten Year Educational and Facility Master Plan BPS Project Number:

Master Plan Study Contract Page 2


CITY OF BOSTON PUBLIC SCHOOL DEPARTMENT CONTRACT FOR DESIGN SERVICES FOR A STUDY ____________________________________________________________________________________ TABLE OF CONTENTS Article 1: The Contract Forms and Defined Terms Article 2: The Study Designer’s Services Article 3: Time for Completion and Order of the Services Article 4: Compensation for the Services Article 5: Conditions Governing Payment Article 6: Representations of the Study Designer Article 7: Availability of an Appropriation Article 8: The Study Designer’s Personnel and Consultants Article 9: Meetings Article 10: Submissions Article 11: Additional Services Article 12: Insurance and Indemnification Article 13: Remedies for Defective Services Article 14: Ownership of Documents Article 15: Society Rules or Customs Article 16: Notice Provisions Article 17: Miscellaneous Provisions Article 18: Claims Attachment A: Scope of Services and Schedule of Deliverables



THIS CONTRACT is dated as of the day of in the year by and between the City of Boston ("the City") and ("the Study Designer"), a corporation , individual , partnership , of the Commonwealth of Massachusetts. The City and the Study Designer, in consideration of the mutual covenants stated in this Agreement agree with each other as follows: WHEREAS, The City requires the preparation of , in accordance with the proposal submitted to the City by the Study Designer which is attached hereto and incorporated by reference to the same extent as if said proposal were set forth herein in its entirety. ARTICLE 1 THE CONTRACT FORMS AND DEFINED TERMS: The Contract Forms constitute the Contract between the City and the Study Designer and are incorporated into and made a part of the Contract by this reference. The Contract Forms collectively represent the final and entire integrated agreement between the City and the Study Designer for Services under the Contract, and supercede all prior oral or written agreements, if any, between the City and the Study Designer. The Contract Forms shall not create a relationship or legal duty of any kind between the City and a Consultant or any other person. The Official will be the initial interpreter of the requirements of the Contract Forms, and in such capacity will render determinations as to the acceptability of the Services performed by the Study Designer and his Consultants. The Contract Forms on the date when the City executes the Contract consist of the Contract Articles, the attached Proposal to the City from the Study Designer and each of the following listed Contract Forms, that MUST BE INSERTED into the Contract. 1.1 Copy of Public Advertisement and Advertisement Verification Form 1.2 Study Designer Application Form 1.3 Proposal Opening Certification 1.4 Study Designer Selection Recommendation 1.5 Budget Department Approval Page 1.6 Contractor Certification Form CM 9 1.7 No Risk Certificate 1.8 Required Certificate(s) of Insurance 1.9 Affidavit of Compliance With the Living Wage Ordinance 1.10 Forms for Compliance With the CORI Ordinance Policy CM 15A, 15B and 15C 1.11 Letter of Contract Award to the Mayor of Boston 1.12 Standard City of Boston Contract Form CM 10 (Contract Signature Page) 1.13 Corporation Counsel Signature Page 1.14 Certificate of Authority / Corporate Vote Form CM 6 1.15 City of Boston Purchase Order Additional Contract forms that will be issued after the date when the City executes this Contract consist of executed Amendments, and Notices to Proceed issued by the City. There are no Contract Forms other than those listed in this Article 1, unless added by an Amendment to the Contract. 1.17 The following terms used in these General Conditions or in the other Contract Forms, have these intent and meanings, unless the context requires otherwise: Additional Services – Those services that have received prior written authorization by the Official, and that are not included under the scope of Basic Services to be performed by the Study Designer under this Contract. Agreement - Contract Articles 1-18 of the Contract between the City and Study Designer, of which the Contract Forms are included as Article 1. Amendment - A written order signed by the City and the Study Designer providing for (a) changes in the Services, or (b) changes in the Compensation for the Services or the Time for Completion, or both.



Approval – A signed written communication from an authorized representative of the Awarding Authority to the Study Designer expressing the approval of Services performed or Deliverables submitted by the Study Designer, and which does not relieve the Study Designer from any of its professional responsibilities under the Contract for the item(s) with respect to which written approval has been given. Awarding Authority – The City of Boston acting through its Boston Public School Department Basic Fee – The fee for the Study Designer’s Services specified in the Contract. Basic Services – All of the Services required to be performed by the Study Designer under the terms of this Contract except for those described as Additional Services. City - The City of Boston, a Municipal Corporation in the Commonwealth of Massachusetts, a party to the Contract, and for whom the Services are to be performed. Claim – A written demand by the Study Designer which is properly certified, seeking an adjustment in Compensation and payment of monies believed to be due, or an extension in the Contract Time, the adjustment or interpretation of the terms of the Contract or any other relief arising under or relating to the Contract. Compensation - The Compensation, including executed amendments, payable by the City to the Study Designer as stated in the Contract Forms. Completion Time (Also, Time for Completion) - The period of time allowed, including executed amendments, for completion of all or a designated phase of the Services. Consultant - A person having a written agreement with the Study Designer for performing a part of the Services. Contract Forms - Those itemized in Article 1 of the Contract. Defective services - Services that, in the sole discretion of the Official, (a) are, or when completed will be, in error, unsatisfactory, deficient or lacking, (b) are not conforming, or when completed will not conform, to the Contract Forms or any applicable standards of performance indicated in or required by the Contract Forms, (c) do not conform to the Scope of Services. Deliverables - Any and all documents, work papers and data, whether in printed or electronic media, which are developed, acquired, received, sent or otherwise used by the Study Designer in the course of performing the Services and which are required for submission to the City during performance or upon completion of the Services. Deliverables may consist, but are not limited to (a) study reports, surveys, exploration reports, test results, design sketches, schedules, plans, drawings, outline specifications, diagrams, renderings, models, recommendations, analyses and estimates, operating and maintenance costs or reports, manuals and any other work products associated with the project. Study Designer - The person with whom the City has entered into the Contract and who is named as "the Study Designer" in the Contract. Study Designer's Schedule – The Schedule that shows the Study Designer's approach to planning, scheduling and execution of the Services. Exhibits - Attachments to specific Contract Forms that are incorporated into those Contract Forms when referenced. Invoice for Payment - The form used by the Study Designer in requesting payment, and which shall enclose all supporting information required by the Contract Forms.



Law, Laws - Laws, including statutes, rules, regulations, resolutions, ordinances, orders, codes or any other legal requirement. M.G.L. – The General Laws of the Commonwealth of Massachusetts. Notice of Claim – A clearly marked written notice from the Study Designer to the Official that states the general nature of the Claim, delivered no later than thirty (30) days after the determination giving rise to the Claim. Notice to Proceed - A written notice issued by the City to the Study Designer authorizing the Study Designer to proceed with the Services or that portion of the Services designated in the notice. Official - The Superintendent of the Boston Public School Department, or the Official's authorized representative. Owner - Refer to the definition of the City. Project – The ten year education and facility master plan project referenced in this Contract. Services - Those professional services to be undertaken by the Study Designer necessary for the performance of those duties and responsibilities of the Study Designer indicated or required in the Contract Forms. The term Scope of Services means those Services covered in the Contract Forms. ARTICLE 2 THE STUDY DESIGNERS SERVICES

2.1 The Study Designer agrees that the services provided shall conform to the standard of care and practice exercised by design professionals engaged in performing comparable services; that the personnel furnishing said services shall be qualified and competent, and that the recommendations, and performance of such personnel will reflect such standard of care and practice. The Study Designer shall perform and complete in a satisfactory and proper manner, as determined by the Official’s reasonable discretion, the professional services: a. set forth in the Contract Forms itemized in Article 1 of the Agreement; and b. the duties and responsibilities of the Study Designer as specified in the following Articles of the Agreement; and c. the proposal for the Services submitted to the City by the Study Designer attached hereto and made a part hereof. 2.2 The Project to which the Contract between the City and the Study Designer applies and for which the Services will be performed under the Contract is generally described as: .

2.3 The Study Designer shall be responsible for the professional and technical accuracy, the suitability for their intended purpose and the coordination and scheduling of all Deliverables. The Project Manager within the Study Designer’s office shall be responsible for all aspects of the Services, and shall coordinate and monitor schedules and performance of the Services. In performing the Services, the Study Designer shall conform to and be bound by standards, criteria, budgets and directives furnished by the Official or the City.

ARTICLE 3 TIME FOR COMPLETION AND ORDER OF THE SERVICES

3.1 The periods of time allowed for completion of the Services, the Completion Time(s), shall be as follows: Scope of Work Period for Completion



Part 1 Educational Requirements and Enrollment Projections No later than six (6) months from execution of the Contract

Part 2 Facilities Condition Assessment No later than six (6) months from execution of the Contract

Part 3 Master Plan and Funding Recommendations No later than twelve (12) months following completion of Parts 1 and 2

3.2 The Study Designer shall, in a satisfactory and proper manner, perform and complete the required services in such sequence and within such periods of time specified in the Agreement to insure the prompt and continuous prosecution of the Services. The Services shall commence no sooner than the date of execution of the Contract by the City, and only upon the Study Designers receipt of a written Notice to Proceed from the Official setting forth the effective date of the Contract. Services shall be performed in accordance with the attached ATTACHMENT A: “SCOPE OF SERVICES AND SCHEDULE OF DELIVERABLES”.

3.3 If the Scope of Services contains separable parts of the Services, or if the Services have been scheduled in Phases, the Completion Times for those separable parts of the Services will be as specified, and the Services within any of these Phases shall be completed within the periods of time indicated for the completion of each Phase. 3.4 The term of the Contract between the City and Study Designer shall be seventy-eight (78) weeks from the date of execution of this Agreement by the City. The City and the Study Designer recognize that time is of the essence of this Contract.

ARTICLE 4 COMPENSATION FOR THE SERVICES 4.1 For satisfactory performance of all of the Study Designer’s obligations for Basic Services

performed by the Study Designer in accordance with the Contract Forms, the Study Designer will accept in full payment the sum of: ($ ). The fee for Basic Services shall cover all expenses incurred to provide the Services, including printing and travel, unless otherwise specifically specified as an Additional Service. Payment will be made after the review and approval by the Official of each project phase, except that Additional Services may be paid monthly.

4.2 For satisfactory performance of all the Additional Services authorized in writing by the Official, rendered by the Study Designer in accordance with the Contract Forms, the Study Designer will accept in full payment a sum that shall not exceed: ($ )

4.3 The full and complete Compensation for all of the Services rendered by the Study Designer and the maximum liability of the City under the terms of the Contract shall be in an amount not to exceed: ($ ) comprised of the Basic Fee and the Fee for Additional Services. 4.4 Payments by the City to the Study Designer will be made in current funds, subject to the conditions governing payments to the Study Designer stipulated in Contract Article 5.

ARTICLE 5 CONDITIONS GOVERNING PAYMENT

5.1 Upon completion of a designated Phase of the Services on which separate Compensation is specified in the Basis of Compensation, and submission of all of the required Deliverables for the Phase in accordance with the Contract Forms, and after approval of the Official, a



payment may be made by the City for the designated Phase of the Services, less such deductions as the Official may determine are appropriate. 5.2 Invoices for Payment shall clearly indicate the time period covered by the invoice, and for each separable part of the Services detailed on the current invoice: (a) the Compensation stipulated for the part of the Services, (b) amounts invoiced through the preceding invoice, (c) amount invoiced for the current time period, and (d) Compensation remaining for that part of the Services, including amounts on the current invoices. The Study Designer shall furnish information relating to the Services, or to documentation of labor or expenses, as are requested by the Official. 5.3 If the Official questions any amount included in an Invoice for Payment, the City may, in the Official's discretion, deduct the questioned amount from the current payment and provide written notice to the Study Designer requesting additional supporting information and data for the questioned amount. If the Study Designer fails to document the eligibility and reasonableness of the questioned amount, as the case may require, the City will continue to deduct the questioned amount from all future payments due to the Study Designer. 5.4 If the City finds that services previously paid for contained deficiencies, errors or omissions, then the City will notify the Study Designer of such and may withhold from any future payment under the Contract an amount reasonably calculated by the City to cover the cost of correcting the deficiency, error or omission until the services have been corrected to the satisfaction of the Official. If the City discovers charges for any previously paid for services were calculated based upon incorrect salary rates or other incorrect information, the City will notify the Study Designer of such and may offset any overcharges against any future payments under the Contract. Nothing in this Paragraph shall limit any legal remedies of the City against the Study Designer or its insurer for; default, errors, omissions, erroneous claims, false claims, tort claims, or any breach by the Study Designer of the terms of this contract or applicable laws. 5.5 If the Official, in the Official's sole discretion, agrees that the City will make progress payments of the Compensation for Services stated in Contract Article 4 on the basis of a partial payment method, the Study Designer shall submit to the City monthly Invoices for Payment covering Services performed in a satisfactory and proper manner. After approval by the Official, any such partial payment by the City shall be due forty-five (45) days following receipt of the corresponding Invoice for Payment by the Official, subject to the conditions stated in this Article. 5.6 Upon completion of the Services, final payment may be made by the City, in an amount sufficient to increase total payments to 100% of the Compensation for all Services, less such deductions as the Official may determine are appropriate. 5.7 No payment of the Compensation for Services performed by the Study Designer as stated under Contract Article 4 will be made by the City until the original Contract is fully executed by the City and is filed with the City's Auditing Department.

ARTICLE 6 REPRESENTATIONS OF THE STUDY DESIGNER

6.1 The Study Designer has familiarized himself/herself with (a) the Services required of the Project; (b) all general and local laws and legal requirements which may in any manner affect performance of the Services and the designated Deliverables; and (c) the terms and conditions of the Contract as set forth in the Contract Forms. 6.2 The Study Designer's proposal for the Services under the Contract was not made in the interest of or on behalf of any undisclosed person, and was not submitted in conformity with any agreement or rules of any group, association, organization or corporation, The Study Designer did not directly or indirectly induce or solicit (a) any other Study Designer to submit a false or sham proposal, or (b) any other person to refrain from proposing for the Services. The Study Designer has not sought by collusion to obtain any advantage over any other Study Designer or over the City.



6.3 The Study Designer and the Study Designer's personnel and Consultants assigned to this Contract are properly licensed under the applicable provisions of M.G.L. and all applicable regulations. 6.4 The Study Designer has read and studied each provision of the Contract Forms. The Study Designer has no expectations different from the terms and conditions of the Contract Forms. 6.5 The Study Designer has not given, offered or agreed to give any person any gift, contribution or offer of employment as an inducement for, or in connection with, the award of the Contract to the Study Designer. 6.6 No Consultant has given, offered or agreed to give any gift, contribution or offer of employment to the Study Designer or to any other person as an inducement for, or in connection with, the award to the Consultant of a portion of the Services. 6.7 No person, other than persons regularly employed by the Study Designer has been retained or hired by the Study Designer to solicit for or any way assist the Study Designer in obtaining this Contract upon an agreement or understanding that such person be paid a fee or other consideration contingent upon the award of this Contract to the Study Designer. 6.8 The Study Designer warrants that all of the prices and terms granted to the City are comparable to or better than the equivalent prices and terms offered to others for the performance of similar services. 6.9 The Study Designer shall keep all records required by applicable public records law and make them available for inspection by any public official authorized by law, and has filed a statement of internal accounting controls required by M.G.L. Chapter 7C, §51. 6.10 The Study Designer certifies under the penalties of perjury that pursuant to M.G.L. Chapter 62C, §49A he has filed all tax returns, paid all taxes, and pursuant to M.G.L. Chapter 151A, §19A has complied with all laws relating to contributions to the Employment Security System. 6.11 For contracts which are for an amount exceeding ten thousand dollars ($10,000.00), or for the design of a building where the construction cost is for an estimated amount greater than one hundred thousand dollars ($100,000.00), the Study Designer has internal accounting controls as required by M.G.L. Chapter 30, §39R(c) and the Study Designer has filed and will continue to file an audited financial statement as required by subparagraph (d) of Section 39R.

ARTICLE 7 AVAILABILITY OF AN APPROPRIATION

7.1 This Contract is subject to the availability of a sufficient appropriation of funds for the Contract. 7.2 When the amount of the City Auditor's certification of available funds is less than the amount shown in Contract Article 4.3 for the Full and Complete Compensation for all Services, the City shall not be liable for any claims or requests for payment by the Study Designer which would cause total claims or payments under this Contract to exceed the amount so certified. 7.3 Unless otherwise expressly provided in a written document incorporated into this Agreement by reference, the amount certified by the City Auditor as available funds under this Contract may be decreased by the Official upon written notice to the Study Designer bearing the written approval of such change by the City Auditor. Such notice shall be sent or delivered to the Study Designer and shall take effect not less than seven (7) days after the date of such delivery or



mailing of the event of such increase or decrease. The Study Designer shall be compensated for Services rendered to the effective date of such reduction, in accordance with the rates of compensation specified in this Contract.

ARTICLE 8 THE STUDY DESIGNERS PERSONNEL AND CONSULTANTS

8.1 The Study Designer nominates as the Principal-in-Charge responsible for ensuring that the Services will be performed/completed in accordance with the Contract Forms. The Study Designer's Principal is assigned to this Contract for its entire term. 8.2 The following personnel, who are in the direct employ of the Study Designer, are nominated as key and supervisory personnel to be assigned to this Contract for its entire term:

Project Manager:

Project Study Designer:

Project Educational Expert:

8.3 The following Consultants will be engaged by the Study Designer in connection with the Services:

Consultant Firm Name:

Consultant Firm Name:

Names of Consultant’s Key Personnel:

Names of Consultant’s Key Personnel:

8.4 The Study Designer agrees not to remove or replace the Principal, Project Manager and other key personnel or Consultants nominated under 2.8.2 and 2.8.3, nor to assign additional key personnel or engage additional Consultants in connection with the Services, without the prior written approval of the Official. Failure to comply with this provision shall be deemed a Defective Service and shall, as determined by the Official in his sole discretion, constitute cause for the City to exercise any or all of the remedies available under this Contract. 8.5 The Study Designer warrants that each Consultant and all respective supervisory and key personnel will be registered in their respective disciplines, if registration is required under M.G.L. or by regulation. 8.6 If the Study Designer removes or replaces any of the personnel nominated in either of paragraphs 8.2 or 8.3 without the prior written consent of the Official, the City may terminate the Services of the Study Designer for cause.

8.7 Upon receipt of written notification from the Official, the Study Designer shall replace any employee or Consultant who, in the Official’s sole opinion, is unsatisfactorily performing the Services or any portion of the Services, irrespective of any prior consent by the Official, and shall provide another employee or Consultant who meets with the approval of the Official.

8.8 If the Study Designer considers that Additional Services not included in the Scope of Basic Services are required, or determines that additional Services of Consultants are necessary, the Study Designer shall recommend the nature, scope and anticipated cost of the Additional Services required and the requisite qualifications for the performance of those Services.

8.9 The Study Designer shall make a reasonable investigation of all Consultants to be



utilized in performance of the Services to ensure that they possess the skill, knowledge and experience to perform the portion of the Services to be completed by them in accordance with all applicable statutes, codes and regulations. Nothing in this Article shall relieve the Study Designer of its responsibility for the performance of the Services under the Contract, including the coordination, supervision and performance of Services by Consultants.

ARTICLE 9 MEETINGS

9.1 The Study Designer shall keep minutes of all Project and public meetings outlining the decisions that have been made and agreed upon responsibilities for various tasks. Project meeting minutes will be distributed to all attendees within five (5) business days unless other arrangements have been agreed to by the Official.

9.2 Without any increase in compensation, the Study Designer shall consult with the Official, and such other agencies and individuals as the Official deems essential, at reasonable times during the performance of the Services when requested to do so by the Official, or upon the Study Designer’s initiative with the Official’s approval. 9.3 The Study Designer shall be available for public presentations as requested by the Official until such time as the Services have been completed. Public presentations will be held as detailed in Attachment A.

ARTICLE 10 SUBMISSIONS

10.1 For all Submissions that are described in Attachment A, the Study Designer shall submit one (1) unbound original, two (2) copies in three-hole punch binders and three (3) bound copies. All Submissions shall also be made on CDs using PDF format, or in other formats as directed by the Official, as follows:

(list of all required submissions)

ARTICLE 11 ADDITIONAL SERVICES

11.1 Upon the written authorization of the Official, the Study Designer shall immediately perform the Additional Services that are not covered by the scope of Basic Services and as described in the proposed Additional Services categories, in an amount not to exceed compensation specified in the Contract Forms for Additional Services. The Study Designer shall not be required to perform any Additional Services the cost of which, when added to the compensation for Basic Services, exceeds or will exceed the total not to exceed cost of the Contract, unless an Amendment increasing the maximum amount of the Contract has been executed by the Study Designer and the Official. Compensation for Additional Services shall be paid by the City, either by a lump sum fee agreed upon in advance in writing by the Official and the Study Designer, or on a time and materials basis paid at the billing rates stated below in Article 11.2, after submission to the Official and the Official’s approval of a detailed invoice from the Study Designer. After receipt of written approval by the Official to proceed with any Additional Services, the Study Designer may request payment of the associated costs, or part of those costs, in the Study Designer’s Invoice for Payment following performance of such Additional Services or part of those Services. 11.2 All Designer proposals for costs associated with an Amendment or Claim shall not include hourly costs for professional, technical or non-technical personnel at rates higher than two point seven-five (2.75) times the direct hourly wage rate paid to the respective personnel, and in no event, not more than (a) One Hundred Twenty-Five Dollars ($125.00) per hour in total for professional personnel, (b) Fifty-Five Dollars ($55.00) per hour in total for technical or non-technical personnel, or (c) not more than One Hundred Sixty Dollars ($160.00) per hour in total for any of the



Designer’s principals. No additional adjustment for overhead or profit shall be added onto these costs. 11.3 Nothing contained in the Contract Forms shall obligate the City to authorize performance of any Additional Services. 11.4 The Study Designer shall not perform any Additional Services that have not been authorized in advance in writing by the Official, and if any unauthorized Additional Services are performed they shall be at the sole expense of the Study Designer.

ARTICLE 12 INSURANCE AND INDEMNIFICATION

12.1 The Study Designer's Insurance - General:

12.1.1 The insurance the Study Designer is required to purchase and maintain at its expense shall include the coverage specified in this Article, and be written for not less than the limits of coverage required in the Contract. Insurance shall only be provided by insurers authorized to transact business in the Commonwealth having at least an "A-" Best's Rating in accordance with the most current A.M. Best Company ratings. Deductible amounts shall be reduced or eliminated upon the Owner's written request. The insurer's costs of providing the insured(s) a defense and appeal, including attorney's fees, shall not be included within the limits of the stated coverage. Before any Services are performed, the Study Designer shall submit signed Certificates of Insurance acceptable to the Official that indicate proof of the required insurance.

12.1.2 The Study Designer shall not commence or continue to perform any Services unless he/she has all required insurance in full force and effect.

12.1.3 The Study Designer shall insert provisions containing the insurance requirements of the Contract Forms in all agreements between the Study Designer and Consultants, altering the provisions only as needed to properly identify the contracting parties. Each Consultant's insurance shall be maintained during the period when that Consultant is providing Services.

12.1.4 All the policies of insurance obtained to comply with these requirements shall be endorsed to provide that the coverage afforded will not be cancelled, adversely changed or renewal refused until the expiration of at least thirty (30) days prior written notice to the City by registered mail. Should any coverage near expiration in the period when it is in full force and effect, it shall be renewed prior to its expiration, and a certificate filed with the City at least fifteen (15) days prior to expiration.

12.1.5 If any of the insurers is declared bankrupt or placed into receivership, ceases to meet the requirements of the Contract Forms, or its license to do business in the Commonwealth is terminated, the Study Designer shall immediately substitute other insurers/policies, which shall conform in all respects to the requirements of the Contract Forms.

12.2 The Study Designer's Insurance - Liability:

12.2.1 The Study Designer shall purchase and maintain commercial general liability,

professional liability and commercial automobile liability appropriate for the Services and which will provide protection from claims which may arise out of or result from the Study Designer's performance of the Services and the Study Designer's other obligations under the Contract Forms, whether the Services and other obligations be performed or furnished by the Study Designer or any Consultant, to wit:

12.2.2 Claims for damages because of negligent errors, omissions or negligent acts arising out of or resulting from the performance of Services by the Study Designer under this Contract;



12.2.3 Claims under workers' compensation, disability benefits, and other applicable similar

employee benefits Laws; claims for damages because of bodily injury, occupational sickness or disease, or death of the Study Designer's employees;

12.2.4 Claims for damages because of bodily injury, sickness or disease, or death of any person other than the Study Designer's employees; claims for damages insured by personal injury liability coverage sustained (a) by any person as a result of an offense directly or indirectly related to the employment of such person by the Study Designer, or (b) by any other person for any other reason; claims for damages because of injury to or destruction of tangible property wherever located, including loss of use resulting from any such injury or destruction;

12.2.5 Claims for damages because of bodily injury or death of any person, or property damage arising out of ownership, maintenance, operation, use or loading and unloading of any owned, hired or non-owned motor vehicle used in the Work, including employee non-ownership use.

12.3 Limits of Coverage: Pursuant to this Article, the required limits of coverage of the Study Designer’s Insurance for this Project shall be not less than the following amounts: Commercial General Liability: $1,000,000 General Aggregate per Project/per Location and the

boxes labeled: commercial general liability, occur and project must be checked.

Excess Umbrella Liability: $1,000,000 General Aggregate and the box must be checked. Worker’s Compensation: Statutory Limits Employer’s Liability: $1,000,000 EL Each Accident $1,000,000 EL Disease - Policy Limit $1,000,000 EL Disease - Each Employee Automobile Liability: $1,000,000 Combined Single Limit Professional Liability: $1,000,000

12.4 The Study Designer's commercial general liability insurance shall include contractual liability coverage sufficient to cover the Study Designer's indemnification obligations under the Contract Forms. The Study Designer agrees to pay on behalf of the City, and to provide and pay a defense for, all claims covered by the Study Designer's obligations under the indemnification provisions.

12.5 The Study Designer's general and automobile liability insurance shall be endorsed to include the City, the Official and any of the City's agents or employees as additional insureds. The general and automobile liability insurance afforded to the City and those other parties shall be primary insurance, and neither the coverage nor the limits provided under the Study Designer's policies shall be reduced or prorated by the existence of any other insurance applicable to any loss the City or those other parties may have sustained.

12.6.1 All of the Study Designer's liability insurance policies shall remain in effect throughout the term of this Contract 12.7 These requirements shall not be construed to limit the liability of the Study Designer or the Study Designer's insurers. The City does not represent that the specified coverage or limits of insurance are sufficient to protect the Study Designer's interests or liabilities. 12.8 The Study Designer shall indemnify and hold the City and all of its officers, agents and



employees harmless against all suits, claims, demands and liabilities of every name and nature, both at law and in equity, for or on account of any injuries to persons or damage to property to the extent arising out of the negligence of the Study Designer in the performance of the Services covered by this Contract, and/or the failure to comply with the terms and conditions of this Contract, whether by himself or his employees or Consultants, but only with respect to such injuries or damages sustained prior to the completion and acceptance of the Services covered by this Contract. 12.9 Upon the written request of the Study designer, the Official reserves the right to modify the terms and conditions of this Article.

ARTICLE 13 REMEDIES FOR DEFECTIVE SERVICES

13.1 Without prejudice to any other remedies that the City may have, if the Study Designer performs services that are in error, unsatisfactory, deficient or lacking and that either do not conform to: the Scope of Services; the Contract Forms; the approved Study Designer’s schedule; any applicable standards of performance required by the Contract Forms, or if the Study Designer performs services which when completed will not conform to the Scope of Services or the Contract Forms or to said standards of performance, or to the determinations and directions of the Official (“Defective Services”), then in the Official’s sole and reasonable discretion, he may order the Study Designer to stop the Defective Services, or any portion in question, until the cause for the order has been eliminated. 13.2 If the Study Designer performs Defective Services which are not to the reasonable satisfaction of the Official or in conformance with the Contract, without prejudice to any other remedies that the City may have, the Official may require either that the Study Designer re-perform those Defective Services at no additional cost to the City, or the Official may require that the City purchase services in substitution for those due from the Study Designer. The City may deduct the cost incurred for the substitute services necessary to perform the Defective Services from the compensation due or to become due to the Study Designer, together with any incidental or consequential damages.

13.3 If the Study Designer fails to satisfactorily commence, prosecute and complete the Services, or any separable part, within the corresponding Contract Time and within the Study Designer’s approved schedule, or fails to perform the Services or any separable part, with the diligence required for completion within the corresponding Contract Time, then Study Designer and its Consultants shall have the responsibility to demonstrate to the reasonable satisfaction of the Official how they will recover the resulting delay in the approved Study Designer’s Schedule. Without prejudice to any other remedies that the City may have, the Study Designer shall assume full responsibility for such delays, and shall bear all resulting costs and delays resulting from performance that is not in accordance with the provisions of the Contract Forms.

13.4 Failure of the Study Designer and its Consultants to satisfactorily perform or furnish, without error or omission and in a timely manner, the whole or part of any of the Services or Deliverables in accordance with the requirements of the Contract Forms will constitute a Defective Service. If after seven (7) days prior written notice of Defective Services the Study Designer fails to satisfactorily perform the Services under the Contract or fails to provide adequate written assurances to the City of due performance, the City shall declare the Study Designer in default.

13.5 Defective Services provided by the Study Designer may result in any or all of the following actions by the City, including but not limited to: being reflected in the post-project evaluation of the Study Designer by the City; being reflected in future ratings of the Study Designer for other City projects; withholding of future payments to the Study Designer under this Contract; termination of the Contract in whole or in part under the provisions of this Article 13. 13.6 If the damages sustained by the City as determined by the Official exceed payments due



or to become due, the Study Designer shall pay the difference to the City upon demand. 13.7 The Study Designer shall not be liable for any damages sustained by the City due to the Study Designer's failure to perform the Services if such failure is in fact caused by the occurrence of a contingency the nonoccurrence of which was a basic assumption under which this Contract was made, including but not necessarily limited to a state war, act of enemies, embargoes, expropriation or labor strike or any unanticipated federal, state, or municipal governmental action or order, provided that the Study Designer has notified the Official in writing of such cause within fourteen (14) days after its occurrence. 13.8 If in the opinion of the Official at any time reasonable doubt of the Study Designer's due performance arises, the City may demand adequate, written assurance of due performance. In addition, the City, acting on knowledge or belief, may include with the demand for assurance a written notice to the Study Designer of the City's intent to terminate the Contract because of occurrence of any event which constitutes a lack of due performance and are reasonable grounds for terminating the Study Designer. 13.9 Default and Termination for Cause: 13.9.1 If the City makes the decision to terminate the Study Designer, the City shall have full power and authority to declare the Study Designer in default and to give notice of termination for cause. The Study Designer shall not be terminated for cause, however, until the expiration of seven (7) days after the City mails or delivers the termination notice to the Study Designer. 13.9.2 If the City has terminated the Study Designer for cause, the Study Designer shall not be entitled to receive any further payment under the Contract until the Services for the Project have been fully completed and approved by the City. If the cost to the City of completing the Services exceeds the unpaid balance payable to the Study Designer under the Contract, the Study Designer is liable to the City for the difference, which he shall pay to the City immediately. 13.9.3 These rights and remedies of the City are in addition to any other rights and remedies provided under this Contract or by Law.

13.10 Termination for Convenience:

13.10.1 Upon fifteen (15) days written notice to the Study Designer, the City may, without cause and without prejudice to any other right or remedy, at any time elect to discontinue any part of the Services or terminate the Contract in whole or in part, as the City may deem appropriate for its convenience. 13.10.2 In any termination for the convenience of the City, the Study Designer shall be paid for Services completed to the effective date of the termination, and for reasonable termination settlement costs relating to commitments which had become firm prior to the termination; provided, however that payment to the Study Designer will exclude any and all anticipated administrative costs and anticipated profit on uncompleted Services. 13.10.3 If after notice of termination of the Services of the Study Designer for cause, it is determined that the Study Designer was not in default, the termination shall be deemed to have been for the convenience of the City.

13.11 Actions of the Study Designer Upon Termination:

13.11.1 Upon receipt of notice of termination under this Article, the Study Designer shall immediately proceed in accordance with any instructions in the notice, protect any work products and Deliverables, and make every reasonable effort to mitigate costs that may result from the terminations.



13.11.2 If the City so terminates the Study Designer, the Study Designer shall deliver to the Official all records, documents, working papers, calculations, computer programs, data, drawings, plans, specifications and other tangible work products whether completed or in process, and all equipment, materials, items or objects acquired by the Study Designer, pertaining to the Services performed up to the time of termination. Upon their receipt, the City shall have full power and authority to take possession of the Study Designer's work products and prosecute the Services to completion by contract or as the City otherwise may deem expedient.

13.12 The Study Designer May Stop Services or Terminate:

13.12.1 If through no act or fault of the Study Designer, the City fails for sixty (60) days to pay the Study Designer any Invoice for Payment sum finally determined by the Official to be due, then the Study Designer may, upon seven (7) additional days written notice to the City, suspend the Services. 13.12.2 If the City fails to correct the conditions, if any, which under this paragraph justify the Study Designer's suspension of the Services within (60) days from the commencement of the suspension, the Study Designer may upon seven (7) days additional written notice to the Official terminate the Agreement and recover from the City payment in accordance with the Contract.

ARTICLE 14 OWNERSHIP OF DOCUMENTS

14.1 All Deliverables, including but not limited to plans, drawings, specifications, diagrams, reports, renderings, models, recommendations, analyses and estimates prepared by the Study Designer under the terms of this Contract shall become and remain the property of the City through a permanent, irrevocable paid up license when the City has paid the Study Designer in full for the phase of the Services during which the documents were produced. In no event shall the Study Designer utilize any of the work products of any description that were produced under this Contract without first obtaining the written approval of the Official.

ARTICLE 15 SOCIETY RULES OR CUSTOMS

15.1 No rules or customs of any professional society or organization of architects or engineers shall be binding on the City.

ARTICLE 16 NOTICE PROVISIONS

16.1 Unless otherwise specified in the Contract Forms, any notice or communication shall be in writing, and shall be deemed to have been given as of the time of actual receipt. 16.2.1 Unless otherwise specified in writing, any notice or other communication to the City or Study Designer shall be sufficiently given if delivered to the intended individual in person or at the appropriate address designated in the Agreement.

ARTICLE 17 MISCELLANEOUS PROVISIONS

17.1 Defined terms used in this Contract, have the intent and meanings assigned to them in the Contract. 17.2 If any provision in the Contract Forms is invalid, illegal or unenforceable, all other provisions of the Contract Forms shall nevertheless remain in full force and effect. If any provision in the Contract Forms is inapplicable to any person or circumstance, that provision shall nevertheless



remain applicable to all other persons and circumstances. 17.3 It is the intent of the City and the Study Designer that all provisions of Law required to be inserted or referenced in the Contract Forms are in fact inserted or referenced in the Contract Forms. If any provision of law is not inserted or referenced in the Contract Forms, or is inserted or referenced in improper form, then each such provision shall be considered inserted or referenced in proper form at no increase in Compensation or Time for Completion of the Services. 17.4 The Study Designer shall not sell, assign, transfer or otherwise convey any of the Study Designer's rights and shall not delegate any of his duties under this Contract without the prior and express written consent of the Official. In its sole discretion, the Official may refuse to consent to any proposed assignment or delegation. Any attempted sale, assignment, transfer, conveyance or delegation in violation of this paragraph shall be void and shall relieve the City of any further liability under the Contract. If the Official consents in writing to an assignment, unless specifically stated to the contrary in the consent, the assignment shall not release or discharge the Study Designer from any duty or responsibility set forth in the Contract Forms. 17.5 The Official reserves the right to correct any error in any partial payment that may have been paid. The Official reserves the right, should proof of Defective Services be discovered after any partial or final payment, to claim and or withhold from the Study Designer and the Study Designer's professional liability insurer, or either of them, sufficient sums to cover any and all damages, losses or expenses, whether direct, indirect or consequential, arising out of, relating to or in any way connected with the Defective Services. If the City finds that Services previously paid for contained deficiencies, errors or omissions, then the City may withhold from any future payment under the Contract an amount reasonably calculated by the City to cover the cost of correcting the deficiency, error or omission until the Services have been corrected to the satisfaction of the Official. If the City discovers charges for any previously paid for Services were calculated based upon incorrect salary rates or other incorrect information, the City may offset any overcharges against any future payments under the Contract. Nothing in this paragraph shall limit any legal remedies of the City against the Study Designer or its insurer for; default, errors, omissions, erroneous claims, false claims, tort claims, or any breach by the Study Designer of the terms of this contract or applicable laws. 17.6 Any waiver by the Official of any provision of the Contract Forms shall be specific and in writing, and shall apply only to the specific matter and shall not apply to any other similar or dissimilar matters. Any waiver of any breach of this Contract shall not be held to be a waiver of any other or subsequent breach. 17.7 Nothing contained in the Contract Forms shall in any manner authorize, empower or constitute the Study Designer or any Consultants as agents of the City; authorize or empower the Study Designer or any Consultants to assume or create any obligation or responsibility whatsoever, express or implied, on behalf of or in the name of the City; or in the name of the City authorize or empower the Study Designer or Consultants to bind the City in any manner or make any representation, warranty, covenant, agreement or commitment on behalf of the City. The Study Designer shall perform all Services under this Contract as an independent contractor. The Contract Forms do not create and shall not be construed as creating any rights enforceable by any person not a party to the Contract. 17.8 This Agreement shall be binding on the City, the Study Designer and all of their respective successors and legal representatives and, if the Official has consented to an assignment or delegation, to said assigns and delegates. 17.9 This Agreement supersedes all prior oral or written agreements, if any, between the parties and constitutes the entire, integrated agreement between the parties with respect to the Services to be performed under the Contract.



17.10 This Contract and the Contract Forms shall be governed by and construed in accordance with the Laws of Commonwealth of Massachusetts, without giving effect to any rules governing conflict of laws.

ARTICLE 18 CLAIMS

18.1 Claims Under This Article: 18.1.1 All Claims, disputes, and other matters in question between the City and the Study Designer arising under, or relating to, the Contract Forms or the breach thereof shall be processed and resolved as provided in this Article. 18.1.2 A Claim means a written demand or assertion by the City or Study Designer, which is properly certified, seeking an adjustment in Compensation and payment of monies due, an extension or shortening in the Time for Completion, or any other relief arising under or relating to the Contract, which can only become a dispute after a determination by the Official under the appropriate provision of the Contract Forms. 18.1.3 A Claim arising under the Contract, unlike the Claim relating to the Contract, is a Claim that can be resolved under a Contract provision that provides for or excludes the relief sought by the claimant. Such Claims shall be resolved in accordance with the applicable provisions of the Contract. 18.1.4 No Claim by the Study Designer shall be valid unless it is based upon a written Notice of Claim to the Official stating the general nature of the Claim delivered promptly, but in no event later than thirty (30) days after the Official's determination giving rise to the Claim. The Claim submittal with all supporting data shall be delivered within sixty (60) days after the determination. 18.1.5 A Claim by the Study Designer shall be submitted to the Official for a written decision from the City. A Claim by the City shall be submitted to the Study Designer for resolution between the Study Designer and Official. The responsibility to substantiate a Claim shall rest with the party making the Claim. 18.2 Requirements for Study Designer Claims: 18.2.1 For all Study Designer Claims seeking an increase in Compensation or Time for Completion, the Study Designer shall submit an affidavit executed by the Principal in charge certifying that the Claim is made in good faith; the amount claimed accurately reflects the adjustments in Compensation or Time for Completion for which the Study Designer believes the City is liable, and covers all costs and delays to which the Study Designer is entitled from the occurrence of the claimed event; and supporting cost and pricing data are current, accurate, complete and represent the best of the Study Designer's knowledge and belief. 18.3 Determinations on a Claim:

18.3.1 For Study Designer Claims, the Official will, within sixty (60) days, decide the Claim or notify the Study Designer of the date by which the decision will be made. Once given, the Official's final decision shall be final and binding on the Study Designer unless the Study Designer files suit within thirty (30) days after receipt of the City's decision. 18.3.2 For City Claims, the Study Designer shall meet with the Official and attempt to resolve the Claim within thirty (30) days. The Official and the Study Designer shall within sixty (60) days settle the Claim or reach an agreement as to an extension to the sixty-day period. If, however, the Official and the Study Designer are unable to settle the matter within the sixty-day period, or any extension to said period, the Official will render a final decision as to the Claim. Once given the



Official's final decision shall be final and binding on the Study Designer unless the Study Designer files suit within thirty (30) days after receipt of the decision. 18.3.3 Pending final resolution of any Claim, including litigation, the Study Designer shall proceed diligently with the Services, and comply with any decision of the Official. 18.3.4 The prevailing party in a suit under this Article shall recover, as part of his judgment, simple interest at the judgment rate then in effect, as ordered by a court of competent jurisdiction, and such reasonable fees and charges of attorneys, engineers and other professionals as may be fixed by a judge of the court. 18.3.5 After settlement or final adjudication of any Claim under this Article if, upon demand, payment by the Study Designer is not made to the City, the City may offset (a) the appropriate amounts from payments due to the Study Designer under any other contract between the City and the Study Designer, or (b) any amounts for which the City may be obligated to the Study Designer in any capacity. 18.4 Jurisdiction and Venue: 18.4.1 The Study Designer agrees to consent and submit to jurisdiction and venue of, and not commence any action elsewhere than, the Superior Court in the County of Suffolk, only, regardless of residence or domicile, for any action at law or suit in equity arising under or relating to the proposing, award, performance or completion of the Services, payment for Services performed, termination or any other claim arising under or relating to the Contract Forms. The Study Designer agrees to consent and submit to service of process at the address and in the manner specified in the Agreement. 18.4.2 The Study Designer shall insert a provision containing the venue and service of process requirements of paragraph 18.4.1 in all agreements between the Study Designer and his Consultants and insurers, altering the provision only as necessary to properly identify the contracting parties.

END OF MASTER PLAN STUDY DESIGN CONTRACT ARTICLES 1-18 [REFER TO ATTACHMENT “A” AND CONTRACT FORMS]