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REQUEST FOR QUALIFICATIONS (RFQ) FOR
OWNER’S PROJECT MANAGER SERVICES FOR
TOWN OF MILTON FIRE STATIONS
OPM-FS-19-1
DECEMBER 19, 2018
SUBMISSIONS DUE: JANUARY 28, 2019 AT 11:00 AM
RESPONSES TO:
TOWN OF MILTON
ATTN: ARLYN ZUNIGA, CHIEF PROCUREMENT OFFICER
MILTON TOWN OFFICE BUILDING
525 CANTON AVE
MILTON, MA 02186
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TOWN OF MILTON
REQUEST FOR QUALIFICATIONS OWNERS PROJECT MANAGER SERVICES FIRE STATION
1. GENERAL SCOPE OF WORK
The Town of Milton is seeking the services of a qualified “Owner’s Project Manager” (OPM) as defined in Massachusetts General Laws Chapter 149, Section 44A½ and as further defined by the provisions of this RFQ, to provide Project Management Services for the design and construction of new and renovations for the Milton Fire Stations (“Fire Stations”). This contract consists of four phases. Phase I is the initial study, which includes working with the Fire Station Building Committee (FSBC) and included reviewing work previously done and revising and updating facility programming has been completed previously by the Fire Station Needs Committee and updated with the FSBC. Phase II is the design phase, which will include oversight of architectural and engineering work. Phase III is construction bidding. Phase IV is construction. Phase V is close-out. Each phase is detailed in the scope of services. The estimated construction budget for the Project may range from fifteen million dollars ($15M) to twenty-five million ($25M) depending upon the solution that is selected by the Owner. The Project funds are subject to appropriation by Milton Town Meeting. The fee for each Phase will be negotiated. Notice of this Request for Qualifications (RFQ) is published in the Central Register (which is a weekly publication of the Office of the Secretary of State), The Milton Times (a newspaper of general circulation) and posted on the Town of Milton’s website (https://www.townofmilton.org). RFQ documents will be received until 28 January 2019 at 11:00 am at the Procurement office, Town Administration, 525 Canton Ave, Milton MA. Five (5) copies of the application must be submitted in a sealed envelope marked Application for OPM Services for Fire Station. All written applications will be evaluated, and a short list of finalists will be developed. The finalists will be interviewed, and a final selection made after the completion of the interview process. Questions concerning this RFQ must be submitted in writing to: Arlyn Zuniga, Chief Procurement Officer, 525 Canton Ave, Milton, MA 02186, email: [email protected] by 24 of January 2019 at 11:00 am. Questions may be delivered, mailed, emailed, or faxed. Written responses will be mailed, emailed, or faxed to all applicants on record as having requested the RFQ. The selection process is governed by M.G.L. ch. 7c, sec. 38D, et seq. (the “Designer Selection Statute”). If any changes are made to this RFQ, an addendum will be posted on the Town’s website on the Procurement page. It is the sole responsibility of the proposer to ascertain the existence of any addenda and/or modifications issued by the Town. As this RFQ has been published on the Town’s website (https://www.townofmilton.org) all proposers are responsible for checking the website for any addenda and/or modifications that are subsequently made to this RFQ. This is not a price competition, but rather the Town’s decision will be based upon qualifications and experience with similar projects. The Town will evaluate applications and enter negotiations with the highest scoring applicant. If unsuccessful, the Town may attempt to negotiate with the second highest scoring applicant. The minimum qualifications and comparative evaluation criteria are set forth below. Each applicant must be licensed and registered by the Commonwealth of Massachusetts with a minimum of five years’ experience as an OPM and must have experience in the construction and supervision of construction of
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public buildings in Massachusetts. The Town will evaluate all applications submitted, eliminate any applications that do not meet the Minimum Criteria, develop a ‘short list’ of applicants, and schedule interviews with those applicants. The contract will be awarded in accordance with the Designer Selection Statute. The OPM’s fee will be negotiated. The OPM will execute a contract prepared by the Town, which will consist of the American Institute of Architects Form AIA B- 141 with General Conditions and Special Conditions as may be modified by Town Counsel. The OPM will also be required to execute a Certificate of Non-Collusion and Certificate of Tax Compliance, as required by law.
2. SCOPE OF SERVICES
The Owner’s Project Manager will be responsible for, but not limited to, providing the following services in accordance with the terms and conditions set forth in the Town’s Standard Owner’s Project Management Contract. The Project funds are subject to appropriation by Milton Town Meeting.
2.1 Phase I - Initial Study Phase
The OPM shall review relevant documents prepared by various town committees from 2012 forward. The OPM will call attention to any additional information needed to make informed decisions for the project, such as prospective site details;
Link to documents: https://www.miltonfirestations.org
Review the program and space needs of the Milton fire department to become familiar with the issues and confirm their understanding with the Fire Station Building Committee (FSBC);
Attend FSBC meetings as needed to achieve deliverables and contribute to setting agenda topics and schedule as appropriate.
Prepare preliminary cost estimates based on past similar projects and accepted standard costs.
Set a timeline and schedule for taking the project successfully through the town meeting appropriation process.
Assist in identifying grant and other funding opportunities.
Attend Public Meetings for the purpose of presenting the project for obtaining future funding.
2.2 Phase II - Design
The following tasks of Phase II will be confirmed with the FSBC, or its designee.
The OPM shall attend meetings with the Select Board, or its designee, and architect on an as-needed basis. Additionally, the OPM shall prepare and submit timely minutes of design and project meetings to the Select Board, or its designee;
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Oversee and review the architect’s work as it relates to the quality and efficiency of design and preparation of the architect’s schedules and cost estimates;
Confirm schedule for bringing forth project to the Town for funding support;
Review architect’s invoices for services rendered and make recommendations for payment;
Review cost estimates and consider, evaluate and recommend value engineering and resource prioritization;
Review the schematic plans, evaluations and specifications for cost effectiveness, constructability issues, review for consistency of documents between overlapping trades, coordination, and compliance with the vision of the Select Board, or its designee, and the requirements of M.G.L. Chapter 149, Section 44A-M and all other applicable laws, codes, and regulations;
Review detailed cost estimates developed by the architect, as required by the Select Board, or its designee. At a minimum the architect will prepare cost estimates at 30%, 60%, 90%, and 100% design completion;
In general, provide advice and consultation to the Board of Selectmen, or its designee, with respect to design, value engineering, and scope of work, cost estimating, general contractor and sub-contractor pre-qualifications, scheduling and coordination of all work;
Attend public meetings, as needed, to present project to town for funding of construction phase;
When requested by the Select Board, or its designee, review bid documents for clarity and completeness prior to bidding;
Coordinate with National Grid efficiency programs that provide assistance with designing energy efficient buildings
Ensure design meets stretch code requirements
2.3 Phase III – Bidding
The following tasks of Phase III will be confirmed with the FSBC, or its designee
The OPM shall review and critique the Designer’s conceptual plans, project cost estimates, and resulting bid documents, for cost, constructability issues, missing items, coordination, and compliance with applicable laws and regulations;
Complete Cost Estimating Review and Evaluation – Services include review and acceptance (reconcile if required) of conceptual estimates and provide value engineering and resource prioritization suggestions. Perform systematic cost review as outlined by the Select Board, or its designee, and provide written acceptance. Work with Designer to reconcile estimates to Project Budget as required;
Scheduling – Prepare a Project Master Schedule and preliminary Construction Schedule. Assist in the preparation of the Project Control Specification for inclusion in the contract documents;
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Assist the Select Board, or its designee, and Architect with the issuance of a bid(s) for contract work, as well as all required filed sub-bids in accordance and compliance with all public bidding requirements and General Laws of the Commonwealth of Massachusetts;
Assist the Select Board, or its designee, with the pre-bid conferences to clarify the project’s needs and assure responsive bids;
Contractor Selection/Bidding – Assist the District and Designer with bid opening, review contractor bids, check bidder references, assist in final selection, prepare Construction Contract and assist in execution of the Contract for Construction;
Subcontractor Selection/Bidding – Assist the Select Board, or its designee, and Designer with bid opening, review subcontractor bids, check bidder references, assist in final selection, prepare Construction Contract and assist in final selection;
Oversee the work of the Designer and complete an Architect Evaluation upon completion of the project.
2.4 Phase IV - Construction Phase
The following tasks of Phase IV will be confirmed with the FSBC, or its designee.
OPM Shall oversee the work of the General Contractor or Construction Manager throughout construction;
Review and comment on the construction schedule developed by the contractor;
When requested by the Select Board, or its designee, manage the change order process for maximum effectiveness while minimizing delay and costs by submitting a copy of all change order proposals to the Select Board, or its designee;
Monitor the construction process to anticipate difficulties, resolve issues early, and keep work flowing;
As requested by the Select Board, or its designee, coordinate final stages of construction administration, including contractor punch lists and close-out work;
Be responsible for receipt and review of certified payroll compliance with State prevailing wage law and applicable governmental regulations;
Attendance at periodic meetings (times to be determined) with the Select Board and/or designated committees to present reports on status of project and progress in meeting the desired schedule which will be agreed upon with the successful applicant.
Ensure coordination with Eversource energy efficiency incentive program wherever applicable.
2.5 Phase V – Close-out
The following tasks of Phase V will be confirmed with the FSBC, or its designee
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Project Closeout – At the conclusion of the project, the OPM shall secure and deliver the as-built drawings and all other construction related documents and all materials necessary for occupancy and full operation of the facility. Collect all O&M manuals and instructions, warranties, record drawings and as-builts and deliver same to the Select Board office; ensure that the Contractors perform equipment testing and assist with training of Town employees on equipment usage and maintenance;
Prepare a standard contractor evaluation form for the Division of Capital Asset Management concerning the Designer, General Contractor and Subcontractors performance as required.
Report to the Select Board, or its designee, on all aspects of the project;
Provide support and assistance in any claims-related matters or litigation.
3. MINIMUM QUALIFICATIONS OF OPM
The OPM must meet the following minimum qualifications:
The Owner’s Project Manager shall be a person who is registered by the Commonwealth as an architect or Professional Engineer and who has at least five (5) years’ experience in the construction and supervision of construction of buildings; or a person, if not registered as an architect or Professional Engineer, who has at least seven (7) years’ experience in the construction and supervision of construction of buildings. Evidence of current license and registration by the Commonwealth of Massachusetts as an architect or professional engineer must be provided in the proposal. In documenting this qualification, the applicant should describe the professional background of the firm and the extent of previous experience of firm personnel or consultants to be assigned to the project and identify the anticipated role that each will play in the project.
The Qualification submittal must be from an individual, corporation, partnership, sole proprietorship, joint stock company, joint venture, or other entity engaged in the practice of providing project management services for the construction and supervision of construction of buildings, including its staff and all of its sub-consultants.
Knowledge of, and experience in, legal and administrative requirements, procedures, and practices related to the design, funding and construction of Massachusetts public building projects including the State Building Code, regulations of the Architectural Barriers Board and Massachusetts public building and procurement law.
Possess all necessary current licenses and registrations, either within the firm or through independent consultants, to qualify under Massachusetts law to perform the function of the OPM for the stated services.
Not be debarred under MGL Ch. 149, Section 44C, or disqualified under MGL Ch. 7C sec. 38D, et seq. (the “Designer Selection Statute”)
Proposer must have completed OPM services for at least five (5) public facilities and provide
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evidence of this.
Provide a detailed description of at least one recent similar project on which the OPM has provided similar services, identifying references with the owners of those projects as well as the personnel who worked on them and stating whether those individuals will be assigned to the Project.
Provide evidence of insurance for general liability, automobile, worker’s compensation (statutory) and professional services liability, as required.
4. REQUIREMENTS FOR APPLICATION
Responding OPMs shall address each of the following requirements in a clearly labeled section of their response and in the same order.
1. Name and address of applicant;
2. Brief resume of principals and of the staff to be assigned to the Project;
3. List of projects which would best illustrate qualifications for the Project. References must be included;
4. Names of engineers and other consultants that may be used for the Project;
5. Statement of the scope and type of services proposed for Project. The applicant should describe the process and methodology to be used in the completion of services with specific reference to examples of similar projects in which this methodology has been used;
6. Statement of any legal or administrative proceedings pending or concluded adversely to the applicant within the past five (5) years which relate to the applicant’s performance of this type of work;
7. Appropriate certificates of insurance
8. Demonstration that the firm has the financial capacity to fulfill its obligations if awarded the contract.
9. Forms found attached to RFQ including: Certificate of Vote, Certificate of Non-Collusion,
Certificate of Tax Compliance, Conflict of Interest Form, Corporate Proposer Form,
Certificate of Compliance Form
5. EVALUATION PROCESS
The Town will evaluate all applications submitted. Any application which fails to meet any of the minimum qualifications will be rejected as non-responsive. In addition to the minimum qualifications, the Town will consider the following comparative evaluation criteria. These matters should be addressed in the written application and will be explored further in any interview with the applicant.
The following point schedule will be utilized:
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Highly Advantageous Advantageous Least Advantageous
5 points 3 points 1 point
Response excels on the specific criterion Response meets evaluation standard for the criterion Response does not fully meet the criterion or leaves a question criterion not fully addressed
Does not meet 0 points* Does not address the criterion
*Proposal is automatically eliminated from further consideration if “0 points” is received in any category.
Experience with projects of similar size and scope/Project Management experience: Successful experience of firm or individual in the role of Owner’s Project Manager in the Commonwealth of Massachusetts over the last five (5) years:
Highly Advantageous – Management of six (6) or more OPM projects of public safety.
Advantageous – Management of three (3) but less than six (6) OPM projects of public safety.
Least Advantageous – Management of at least one (1) OPM project of public safety.
Project Design and Construction Oversight: Ability of firm or individual to begin work immediately and maintain an intensive schedule to meet the Town’s timetable, and oversee the architect’s work as it relates to quality of design, efficiency of design, cost effectiveness, bidding and construction oversight:
Highly Advantageous – Developing presentation materials for this project and able to devote sufficient resources to complete the project according to the Town’s timetable, and available by the middle of March 2019 to begin contract work.
Advantageous – Some experience in these areas but information provided leaves unsure of ability to devote sufficient resources and to meet the project’s timetables, and available by the beginning of April 2019 to begin contract work.
Least Advantageous - Demonstrate limited construction management or limited design oversight ability, but may be able to devote sufficient resources to complete the project in accordance with the Town’s timetable, and available by the beginning of May 2019 to begin contract work.
Proposed Staffing of Team and Key Staff: Qualifications and involvement of key personnel to be assigned to this project and the experience of such personnel in relation to successfully completing the role of OPM for projects similar in size and/or nature:
Highly Advantageous – Key staff that have at least seven (7) years of relevant experience in construction and supervision of buildings or an individual within the firm having nine (9) years relevant experience in construction and supervision of construction of buildings in the public safety in the Commonwealth of Massachusetts.
Advantageous – Key staff that have at least five (5) years of relevant experience in construction and supervision of buildings or an individual within the firm having (7) years relevant experience in construction and supervision of construction of buildings in the public safety in the Commonwealth of Massachusetts.
Does Not Meet – Key staff that have less than five (5) years of relevant experience in
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construction and supervision of buildings or an individual within the firm having less than (5) years relevant experience in construction and supervision of construction of buildings in the public safety in the Commonwealth of Massachusetts.
Quality of References: References will be evaluated to identify the ability and quality of previous work as an OPM on municipal building projects in the Commonwealth of Massachusetts over the last five (5) years:
Highly Advantageous - Achieving successful OPM experience from six (6) or more previous contracts.
Advantageous - Achieving successful OPM experience from three (3) but less than six (6) previous contracts.
Least Advantageous - Achieving successful OPM experience from one (1) but less than three (3) previous contracts.
Quality of Written Materials: Responses will be reviewed in conjunction with any materials provided to determine relative quality, readability, responsiveness to RFQ, and understanding of the projects and the role of the OPM:
Highly Advantageous - Proposals that organize their response according to the minimum and comparative criteria in the RFP, make it easy to evaluate the response, communicate a work plan that demonstrates the manner in which the OPM oversees the designer’s work as it related to the quality, efficiency, and cost effectiveness of design, and demonstrate an understanding of the project.
Advantageous - Proposals that demonstrate an understanding of the role of the OPM in similar projects, and that demonstrate an understanding of this project but to not organize their response according to the minimum and comparative criteria.
Least Advantageous - Proposals that demonstrate an understanding of the role of the OPM in similar projects, but do not demonstrate an understanding of this project, and have multiple spelling and/or grammatical errors.
The Town will evaluate written applications and check such references. The Town will develop a short list of finalists and interview those finalists. The final selection will be made after the interview process is complete.
6. GENERAL PROVISIONS
1. The Town reserves the right to reject any and all applications and to waive any informality whenever such rejection or waiver is in the best interests of the Town.
2. The Town will not be responsible for any expenses incurred in the preparation or submission of applications by the applicants. Each application should provide a concise explanation of the applicant’s capacity to satisfy the requirements of this RFQ. Emphasis should be placed on clarity of content.
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3. The application, and any subsequent contract for services, shall be governed by applicable Massachusetts law.
4. Upon submission, all applications, will become the property of the Town and will be subject to disclosure in accordance with the Massachusetts Public Records Law.
5. The Town is an Affirmative Action/Equal Opportunity Employer. The Town encourages applications from qualified MBE/DBE/WBE firms.
7. CONTRACT AWARD
The Town may schedule interviews with the three highest scoring firms or individuals. The Town will rank the finalists based on consideration of the minimum criteria/qualifications, the comparative evaluation criteria, and the interview (if applicable). The Town will begin discussion of final scope of services and fee negotiations with the top ranked firm or individual. If unsuccessful in the negotiations, the Town may attempt to negotiate with the next higher scoring respondent (and repeat that process) until successful. If negotiations with one or more of the finalists prove unsuccessful, the Town may reject all responses and may choose to re-advertise for OPM services if deemed in the best interest to do so. The selected Owner’s Project Manager will be required to execute the Town’s standard Contract. It is the Town’s intent to finalize and execute all contract documents with the selected firm by the end of March 2019, dependent on funding from February Special Town Meeting.
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FORMS
1. Contract Form (Attachment A)
2. Certificate of Vote (Attachment B)
3. Certificate of Non-Collusion (Attachment C)
4. Certificate of Tax Compliance (Attachment D)
5. Conflict of Interest Form (Attachment E)
6. Corporate Proposer Form (Attachment F)
7. Certificate of Compliance Form (Attachment G)
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TOWN OF MILTON
__________________________
ATTACHMENT A
FORM OF CONTRACT
CONTRACT FOR OWNER’S PROJECT MANAGER SERVICES FOR
MILTON’S THREE FIRE STATIONS
This Contract is made as of this _________ day of _______________, 2018, by and between the
Town of Milton, Massachusetts, with an address of Milton Town Office Building, 525 Canton Avenue,
Milton, MA 02186, acting by the Milton Board of Selectmen (hereinafter the “Town”), and
__________________________, a _____________ organized under the laws of ____________________,
with a principal office located at _______________________________________________ (hereinafter the
“Contractor”).
The words "he," "him" and "his" in this Contract, as far as they refer to the Contractor, shall so refer
whether the Contractor is an individual, partnership or corporation. All prior contracts, if any exist between
the Town and the Contractor, are hereby terminated and shall be of no force and effect.
1. Scope
In consideration of the obligations herein contained, the Contractor shall provide professional
design services in accordance with the Request for Qualifications (RFQ) for the Owner’s Project
Manager (“OPM”) services for three (3) Fire Stations issued by the Board of Selectmen of the Town
of Milton, Massachusetts and the Contractor’s Proposal, each of which is incorporated herein by
reference.
2. Standard of Care
The Contractor shall exercise due care and diligence in the rendering of all services under this
Contract in accordance with the applicable professional standards in the Eastern Massachusetts area.
The Contractor’s services shall be performed as expeditiously as is consistent with such standards,
with professional skill and care, and with the orderly progress of the work.
3. Term
The term of this Contract shall be negotiated and discussed upon selection of the Contractor. In the
sole discretion of the Town, the term of this Contract may be extended for one (1) or two (2) one
(1)-year renewal periods.
4. Incorporation of the Request for Qualifications (RFQ)/Order of Priority of Contract Documents
The provisions of the RFQ and the Contractor’s Proposal are incorporated herein by reference. In the
event of any conflict among the Contract Documents, the Documents shall be construed according to
the following priorities:
Highest Priority: Amendments to Contract (if any)
Second Priority: Contract
Third Priority: Addenda to the RFQ (if any)
Fourth Priority: RFQ
Fifth Priority: Contractor’s Proposal.
5. Payment
In consideration for performance of the work in accordance with the requirements of this Contract,
the Town shall pay the Contractor the prices set forth in the Contractor’s Proposal, a copy of which
is attached hereto and incorporated by reference.
This Contract is a fixed price/fixed rate contract and therefore miscellaneous expenditures associated
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with the Contractor’s work shall not be paid by the Town. In the event that an unforeseen
miscellaneous expense is incurred, the Contractor shall receive the Town’s approval in writing prior
to incurring the expense if it will subsequently seek payment of said expense from the Town.
Payment shall be made to the Contractor for work completed in accordance with this Contract. All
requests for payment shall be submitted to the Town as an invoice and shall specify all services
rendered.
Payment will be due thirty (30) days after receipt of the Contractor’s invoice by the Town for
services rendered in accordance with this Contract. The Town shall not make payments in advance.
If the Town objects to all or part of any invoice, the Town shall notify the Contractor in writing
within two (2) weeks of the date of receipt of the invoice, and shall pay that portion of the invoice
not in dispute within thirty (30) days after the date of receipt of the invoice.
Should it be necessary for the Contractor to engage the services of a specialized contractor or
companies other than those originally proposed in the Contractor’s response to the Town’s RFQ, the
Contractor shall take such measures only with the Town’s prior written approval. Charges for such
services, with no mark-up, shall be billed directly to the Town unless otherwise agreed upon by the
parties.
Payment of the amounts due under this Contract shall release the Town and its officers, employees,
boards, commissions, committees, agents and representatives, from any and all claims and liability in
any way relating to this Contract or anything done in pursuance thereof.
No payment by the Town to the Contractor shall be deemed to be a waiver of any right of the Town
under this Contract or a ratification by the Town of any breach hereof by the Contractor.
6. Warranty
DELETED – NOT APPLICABLE.
7. Compliance with Laws
The Contractor shall comply with all provisions of Federal, Massachusetts and Town of Milton law
applicable to its work including, without limitation, statutes, by-laws, rules, regulations, orders and
directives, as amended, and including, without limitation, the Williams-Steiger Occupational Safety
and Health Act of 1970, as amended, and related regulations, as amended, in effect throughout the
term of this Contract and any extension or renewal thereof. Without limitation, the Contractor shall
comply with the applicable provisions of Chapter 149, Section 26 to 27D of the Massachusetts
General Laws, as amended, and the applicable minimum wage rates as determined by the
Massachusetts Commissioner of Labor and Industries. This Contract shall be considered to include
in their entirety all terms respecting workers' compensation insurance and other terms required to be
included in it by Chapter 152 of the Massachusetts General Laws, as amended, as though such terms
were set forth in their entirety herein.
8. Insurance
The Contractor shall provide and maintain throughout the term of the Contract and any
extension or renewal thereof the following insurance with companies that are authorized
and licensed in the Commonwealth of Massachusetts to issue policies for the coverages and
limits so required.
a. Workers' Compensation Insurance as required by the laws of the Commonwealth of
Massachusetts and employer's liability insurance in the amount of
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$1,000,000/$1,000,000/$1,000,000.
b. Commercial General Liability Insurance, $1,000,000 each occurrence and $2,000,000
aggregate limit. Commercial General Liability insurance shall include personal injury
liability, broad form property damage liability, products/completed operations liability and
broad form contractual liability.
c. Automobile Liability Insurance, covering all leased, owned, non-owned, and hired vehicles -
Combined single limit of $1,000,000.
d. Professional Liability Insurance, $2,000,000 each occurrence/$5,000,000 aggregate limit. If
written on a claims-made basis, each such policy shall remain in effect for at least six (6)
years following the termination of this Contract.
e. Excess Liability Insurance, Umbrella Form - $1,000,000 each occurrence and $2,000,000
aggregate, which shall be following form, providing coverage over commercial general
liability insurance, automobile liability insurance, and employer's liability under workers'
compensation insurance.
f. The Town shall be named as an additional insured on each such policy of Commercial
General Liability Insurance, Excess Liability Insurance, Umbrella Form, and Automobile
Liability Insurance.
g. All certificates and policies shall contain the following provision:
“Notwithstanding any other provision herein, should any of the above policies be cancelled
or materially amended before the expiration date thereof, the issuing company will mail
thirty (30) days prior written notice thereof to the named certificate holder and to the Milton
Town Administrator, Milton Town Office Building, 525 Canton Avenue, Milton, MA
02186 before such cancellation or amendment shall take place.”
h. Certificates evidencing such insurance in five (5) copies shall be furnished to the Town at
the execution of this Contract. Such certificates shall not merely name the types of policy
provided, but shall specifically refer to this Contract and shall state that such insurance is as
required by this Contract. The Contractor shall make no claims against the Town or its
officers for any injury to any of its officers or employees or for damage to its equipment
arising out of work contemplated by the Contract.
i. The Contractor shall also be required to provide to the Town with its proof of insurance
coverage endorsements or riders to the policies of commercial general liability insurance,
automobile liability insurance, and excess liability insurance, umbrella form, which indicate
that the Town is named as an additional insured on each such policy.
j. No insurance shall be obtained from an insurer which:
(1) is not licensed to sell insurance in the Commonwealth of Massachusetts; or
(2) is not authorized to provide insurance as an excess or surplus lines insurer, and does
not have a current Best’s rating of A or better.
k. Failure to provide and continue in force such insurance as aforesaid shall be deemed a
material breach of this Contract and shall operate as an immediate termination thereof.
9. Indemnification
The Contractor shall compensate the Town for all damage to Town property of any nature arising out
of the Contractor's work. To the fullest extent permitted by law, the Contractor shall indemnify,
defend, and hold harmless the Town and all of its officers, employees, boards, commissions,
committees, agents and representatives from and against all claims, causes of action, suits, costs,
damages, and liability of any kind which arise out of the breach by the Contractor of its obligations
under this Contract, or the act or omission of the Contractor, its subcontractors, or their officers,
employees, agents and representatives or anyone directly or indirectly employed by them, or anyone
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for whose acts or omissions they may be liable, regarding the work to be performed by the Contractor
under the Contract, or which arise out of the violation of any Federal, Massachusetts or Town of
Milton statute, by-law, rule, regulation, order or directive, or which relate to personal injury or
property damage suffered by the Contractor or any of its officers or employees regarding the subject
matter of this Contract. Said costs shall include, without limitation, reasonable legal costs, collections
fees, and counsel fees incurred in defending any claim or suit that may be brought against the Town
and any judgment that may be obtained in any such claim or suit.
10. No Personal Liability
Neither the Town, nor its officers, employees, boards, committees, commissions, agents and
representatives shall be under any personal obligation or incur any personal liability by reason of this
Contract, the execution thereof or anything relating thereto which arises out of the breach or violation
of any provision of this Contract, or the violation of any Federal, Massachusetts or Town of Milton
statute, by-law, rule, regulation, order or directive, or which relates to personal injury or property
damage suffered by the Contractor or its employees, regarding the subject matter of this Contract.
11. Familiarity with Area of Work
By signing this Contract, the Contractor acknowledges that it has examined the area of work which is
the subject matter of this Contract and that it is familiar with all conditions of the RFQ and of this
Contract. The Contractor has entered into this Contract in reliance on its own examinations and
estimates as to the amount and character of its work, and conditions which may be encountered in the
performance thereof, and shall assume all risks and bear all losses pertaining thereto.
12. Performance Bond
DELETED – NOT APPLICABLE.
13. Labor and Materials Payment Bond
DELETED – NOT APPLICABLE.
14. Independent Contractor Status
The Contractor shall provide services under this Contract as an independent contractor with the Town
and not as an employee of the Town. No employee, agent or representative of the Contractor shall be
entitled to receive any benefits of employment with the Town, including without limitation salary,
overtime, vacation pay, holiday pay, sick leave, health insurance, life insurance, pension or deferred
compensation.
15. Use of Alcohol and Controlled Substances Prohibited
The Contractor hereby acknowledges that the use of alcoholic beverages, narcotics, and mood
altering substances, except for current valid, legal prescriptions, by any officer, employee, agent, or
representative of the Contractor is prohibited on Town property which is the subject matter of this
Contract and during all hours of work under this Contract. If any officer, employee, agent, or
representative of the Contractor violates the foregoing provision, the Town shall have the right to
order that such officer, employee, agent, or representative of the Contractor shall not be permitted to
return to work on this Contract. Under such circumstances, the Contractor shall promptly remove
the subject officer, employee, agent, or representative from the job site and shall not permit the
subject officer, employee, agent, or representative to perform further work in conjunction with this
Contract.
16. No Smoking
Pursuant to Massachusetts General Laws (M.G.L.) c. 270, §22, the Commonwealth of
Massachusetts Smokefree Workplace Law, the Contractor, its officers, employees, agents, and
representatives shall refrain from smoking and from using tobacco products in any public building
in the Town.
17. Criminal Background Screening
For each employee of the Contractor who is rendering services under this Contract, the Contractor
shall, subject to its confidentiality and privacy obligations owing to its employees and third parties,
provide a written confirmation to the Town that such employee passed the Contractor’s pre-
employment criminal background screen. In the event that any employee refuses to permit the
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Contractor to provide such information to the Town, the Contractor shall not assign such employee
to perform services for the Town, and such employee shall not be authorized to perform services for
the Town. The Town shall be permitted to keep such information in its files.
18. Delays/Force Majeure
Except as specifically set forth in this Contract, neither party shall hold the other responsible or
liable for damages or delays in performance caused by acts of God, interruptions in the availability
of labor, or other events beyond the control of the other party, or that could not have been
reasonably foreseen or prevented. For this purpose, such acts or events shall include unusually
severe weather affecting performance of services, floods, epidemics, wars, riots, strikes, lockouts, or
other industrial disturbances, protest demonstrations, and project site conditions which could not
have been reasonably anticipated. Should such acts or events occur, both parties shall use their best
efforts to overcome the difficulties arising and to resume as soon as reasonably possible the normal
pursuit of performance.
19. Termination
a. If the Contractor shall breach any provision of this Contract, which breach is not cured within
twenty-one (21) days of written notice thereof from the Town to the Contractor, the Town
shall have the right to terminate this Contract upon written notice to the Contractor.
b. If any assignment shall be made by the Contractor or by any guarantor of the Contractor for
the benefit of creditors, or if a petition is filed by the Contractor or by any guarantor of the
Contractor for adjudication as a bankrupt, or for reorganization or an arrangement under any
provision of the Bankruptcy Act as then in force and effect, or if an involuntary petition under
any of the provisions of the Bankruptcy Act is filed against the Contractor and such
involuntary petition is not discharged within ninety (90) days thereafter, in any event the
Town may terminate this Contract upon written notice to the Contractor.
c. The award of this Contract and the continued operation of this Contract are contingent upon
appropriation by Milton Town Meeting of sufficient money to fund the Contract. Should
Milton Town Meeting fail to appropriate necessary funds therefor, the Town shall no longer
be under any obligation to tender performance, including payment, under the terms of this
Contract. In that event, the Town may terminate this Contract upon written notice to the
Contractor.
d. The Town may terminate this Contract upon written notice to the Contractor if a source of
money to fund the Contract is lost during the Contract term. In the alternative, the parties
may agree in writing to amend the Contract to provide for a Contract price which represents
a reduced appropriation for the Contract term.
e. The Town may also terminate this Contract for convenience upon thirty (30) days’ written
notice to the Contractor.
In the event of termination the Contractor shall be entitled to be paid for services rendered in
accordance with this Contract prior to termination.
In the event that this Contract is terminated pursuant to Section 19a. or 19b. above, the Town may
make any reasonable purchase or contract to purchase services in substitution for performance due
from the Contractor and may deduct the cost of any substitute contract, or damages sustained by the
Town due to non-performance or non-conformance of services, together with incidental and
consequential damages from the Contract price, and shall withhold such damages from sums due or
sums which become due.
20. Notices
Except as otherwise provided in this Contract, each notice required or permitted to be given hereunder
shall be in writing and shall be delivered by certified mail or registered mail, return receipt requested,
to the parties at the following address or such other address or addresses as to which a party shall have
notified the other party in accordance with this Section 20.
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If to the Town: Michael D. Dennehy, Town Administrator
Milton Town Office Building
525 Canton Avenue
Milton, MA 02186
If to the Contractor:
21. License
The Town shall have unlimited rights, for the benefit of the Town, in all drawings, designs,
specifications, notes and other work developed in the performance of this Contract, including the
right to use same on any other project of the Town, without additional cost to the Town; and with
respect thereto, the Contractor agrees and hereby grants to the Town an irrevocable royalty-free and
nonexclusive license to all such data, which the Contractor may cover by copyright, and to all
designs as to which the Contractor may assert any rights or establish any claim under any patent or
copyright laws. The Contractor shall obtain similar irrevocable royalty-free nonexclusive licenses
from the Contractor’s consultants consistent with this Contract.
22. Miscellaneous Provisions
a. Any action at law or suit in equity instituted by the Contractor as a result of the performance,
non-performance or alleged breach of this Contract shall be filed in the Superior Court of the
Commonwealth of Massachusetts for Norfolk County, MA, and in no other court or
jurisdiction.
b. No action or failure to act by the Town shall constitute a waiver of a right or duty afforded to
the Town under the Contract, nor shall such action or failure to act constitute approval of or
acquiescence in a breach thereunder, except as may be specifically agreed in writing. No
forbearance or indulgence in any form or manner by the Town shall be construed as a waiver
or in any way limit the legal or equitable remedies available to the Town. No waiver by the
Town of any default or breach by the Contractor shall constitute a waiver of any subsequent
default or breach.
c. If the Contractor discovers or is informed of any discrepancy or inconsistency in the Contract
Documents in relation to any law, statute, ordinance, by-law, decree, code, rule, regulation,
or order, the Contractor shall promptly, before commencing performance under this Contract,
report the same to the Town in writing.
d. The Contractor acknowledges that it has not been influenced to enter into this Contract, nor
has the Contractor relied upon any warranties or representations not set forth in this
instrument.
e. The Contractor shall maintain the confidentiality of information designated by the Town as
confidential, unless withholding such information would violate the law or create a risk of
significant harm to the public, or unless the Contractor has been required to release such
information by final judgment or order of a court of competent jurisdiction, or unless the
Town has expressly waived such confidentiality in advance in writing.
f. The Contractor shall not represent or purport to represent that it speaks for the Town vis-à-
vis the media or the public at-large without the Town’s express, written consent in advance.
g. Prior to commencing performance under this Contract, the Contractor shall furnish the Town,
in writing, the names, addresses and telephone numbers of not fewer than two (2) principal
employees of his business who are to be contacted in the event of an after-hours emergency.
h. By entering into this Contract, the Contractor certifies under penalties of perjury that its
Proposal was made and submitted in good faith and without collusion or fraud with any
person. As used in this certification, the word “person” shall mean any natural person,
Page | 18 1107759v1
business, partnership, corporation, union, committee, club, or other organization, entity, or
group of individuals.
i. By entering into this Contract, the Contractor certifies under the penalties of perjury,
pursuant to M.G.L. c.62C, Section 49A(b), that it has complied with all laws of the
Commonwealth relating to taxes, to reporting of employees and contractors, and to
withholding and remitting child support.
j. The Contractor understands that the Massachusetts Conflict of Interest Law, Chapter 268A
of the Massachusetts General Laws, applies to the Contractor with respect to the services
required to be provided under this Contract. The Contractor and its officers, employees,
agents, subcontractors and affiliated agencies shall not participate in any activity which
constitutes a violation of the Massachusetts Conflict of Interest Law or which creates an
appearance of a violation of the Massachusetts Conflict of Interest Law.
k. Prevailing wage rates, as contained in the Proposal documents, shall be paid, pursuant to
M.G.L. c.149, §§26-27G, if they are applicable.
l. The Contractor shall not discriminate against or exclude any person from participation
herein on grounds of race, color, religious creed, national origin, sex, gender identity, sexual
orientation (which shall not include persons whose sexual orientation involves minor
children as the sex object), age, genetic information, ancestry, children, marital status,
veteran status or membership in the armed services, the receiving of public assistance, and
handicap. The previous sentence shall include, but not be limited to, the following:
advertising, recruitment; hiring; rates of pay or other forms of compensation; terms;
conditions or privileges of employment; employment upgrading; transfer; demotion; layoff;
and termination. The Contractor shall take affirmative actions to insure that applicants are
employed, and that employees are treated during their employment, without regard to race,
color, religious creed, national origin, sex, gender identity, sexual orientation (which shall
not include persons whose sexual orientation involves minor children as the sex object),
age, genetic information, ancestry, children, marital status, veteran status or membership in
the armed services, the receiving of public assistance, and handicap.
m. To the extent that any of the foregoing sections required by Massachusetts law are
inconsistent with other, non-statutory sections in this Contract, any statutorily-
mandated provisions contained herein shall control. n. The Contractor shall not assign or subcontract in whole or in part this Contract or in any way
transfer any interest in this Contract without the prior express written approval of the Town.
o. The Contractor shall not assign any money due or to become due to the Contractor unless the
Town shall have received prior written notice of such assignment. No such assignment shall
relieve the Contractor of its obligations under this Contract.
p. This Contract may be amended only by written consent of the parties.
q. This Contract constitutes the entire agreement of the parties and any other agreement, written
or oral, that may exist is excluded from this Contract. When executed, this Contract
supersedes any prior agreement between the parties in connection with the transaction
contemplated.
r. If any provision, or portion thereof, of this Contract shall be adjudged to be invalid or
unenforceable by final judgment or order of a court of competent jurisdiction the remaining
provisions shall continue in effect to the extent permitted by law.
s. The provisions of this Contract shall be binding upon and shall inure to the benefit of the
heirs, assigns and successors in interest of the parties.
t. This Contract shall be governed by and construed in accordance with the laws of the
Commonwealth of Massachusetts, regardless of choice of law issues or principles.
u. This Contract is executed in triplicate as a sealed instrument.
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The Town of Milton, Massachusetts ______________________________
by: the Milton Board of Selectmen (Printed Name of Contractor
by:
_______________________________ ______________________________
Richard G. Wells, Jr., Chairman Signature
_______________________________ ______________________________
Michael F. Zullas, Vice Chairman Printed Name
_______________________________ ______________________________
Melinda A. Collins, Secretary Printed Title
_______________________________
Kathleen M. Conlon, Member
_______________________________
Anthony J. Farrington, Member
Dated: _________________________ Dated: ________________________
APPROVED AS TO AVAILABILITY OF APPROPRIATION:
In accordance with the requirements of M.G.L. Chapter 44, Section 31C, this is to certify that an
appropriation in the amount of this Contract is available therefor, and that the Milton Board of Selectmen is
authorized to execute this Contract and to approve all requisitions and execute change orders.
__________________________________ Dated: ____________
Amy Dexter
Town Accountant, Town of Milton
BY________________________________________________ Chief Procurement Officer
APPROVED AS TO FORM ONLY, AND NOT AS TO SUBSTANCE:
__________________________________ Dated: ____________
John P. Flynn, Esq.
Town Counsel
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TOWN OF MILTON
__________________________
ATTACHMENT B
CERTIFICATE OF VOTE
I, , hereby certify
(Clerk/Secretary)
that I am the duly qualified and acting of
(Title) (Corporation Name)
and I further certify that at a meeting of the Directors of said Corporation duly called and held on
20 , at which meeting all Directors were present and voting, the following vote was
unanimously passed:
VOTED: To authorize and empower either
, ____________________;
(Name) (Title)
, ____________________; or
(Name) (Title)
, ____________________
(Name) (Title),
any one acting singly, to execute all contracts and bonds on behalf of the Corporation.
I, further certify that the above vote is still in effect on this the day of , 20 and has
not been changed or modified in any respect.
________________________________________
Signature
Printed Name
Printed Title
The certification contained here above shall be executed by CONTRACTOR or copy of current
"certification of authority to sign for the Corporation" shall be attached.)
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TOWN OF MILTON
__________________________
ATTACHMENT C
CERTIFICATE OF NON-COLLUSION
The undersigned certifies, under penalties of perjury, that this Proposal has been made and
submitted in good faith and without collusion or fraud with any other person. As used in this certification,
the word “person” shall mean any natural person, business, partnership, corporation, union, committee, club
or other organization, entity, or group of individuals.
_____________________________
Name of Proposer
_____________________________
Address of Proposer
_____________________________
_____________________________
Telephone Number_____________
By: _________________________
(Signature)
_________________________
Printed Name
_________________________
Printed Title
_________________________
Date
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TOWN OF MILTON
__________________________
ATTACHMENT D
CERTIFICATE OF TAX COMPLIANCE
Pursuant to Massachusetts General Laws (M.G.L.) c. 62C,§49A, I certify under the penalties of
perjury that the Proposer named below has complied with all laws of the Commonwealth of Massachusetts
pertaining to the payment of taxes, to the reporting of employees and contractors, and to the withholding and
remitting of child support.
_____________________________
Name of Proposer
_____________________________
Address of Proposer
_____________________________
_____________________________
Telephone Number_____________
By: _________________________
(Signature)
_________________________
Printed Name
_________________________
Printed Title
_______________________
Date
Page | 23 1107759v1
TOWN OF MILTON
__________________________
ATTACHMENT E
CONFLICT OF INTEREST CERTIFICATION
The Proposer hereby certifies that:
1. The Proposer has not given, offered, or agreed to give any gift, contribution, or offer of employment as an
inducement for, or in connection with, the award of a Contract pursuant to this RFQ.
2. No consultant to, or subcontractor for, the Proposer has given, offered, or agreed to give any gift,
contribution, or offer of employment to the Proposer, or to any other person, corporation, or entity as an
inducement for, or in connection with, the award to the consultant or subcontractor of a Contract by the
Proposer.
3. No person, corporation, or other entity, other than a bona fide full time employee of the Proposer has been
retained or hired to solicit for or in any way assist the Proposer in obtaining a Contract pursuant to this RFQ
upon an agreement or understanding that such person, corporation or entity be paid a fee or other
compensation contingent upon the award of a Contract to the Proposer.
4. The Proposer understands that the Massachusetts Conflict of Interest Law, Chapter 268A of the
Massachusetts General Laws (M.G.L.), applies to the Proposer and its officers, employees, agents,
subcontractors, and affiliated entities with respect to the transaction outlined in the Request for Proposals.
5. The Proposer understands that the Proposer and its officers, employees, agents, subcontractors, and
affiliated entities, shall not participate in any activity which constitutes a violation of the Massachusetts
Conflict of Interest Law or which creates an appearance of a violation of the Massachusetts Conflict of
Interest Law.
_____________________________
Name of Proposer
_____________________________
Address of Proposer
_____________________________
_____________________________
Telephone Number_____________
By: _________________________
(Signature)
_________________________
Printed Name
_________________________
Printed Title
Page | 24 1107759v1
_________________________
Date
Page | 25 1107759v1
TOWN OF MILTON
__________________________
ATTACHMENT F
CERTIFICATE OF CORPORATE PROPOSER
I, _______________________, certify that I am the Clerk of the Corporation named as Proposer in
the attached Proposal Form; that __________________, who signed said Proposal on behalf of the Proposer
was then _____________________ of said Corporation and was duly authorized to sign said Proposal
Form; and that I know his/her signature thereto is genuine.
(Corporate Seal)
_____________________________
Name of Proposer
_____________________________
Address of Proposer
_____________________________
_____________________________
Telephone Number_____________
By: _________________________
(Signature)
_________________________
Printed Name
_________________________
Printed Title
_________________________
Date
This Certificate shall be completed where Proposer is a Corporation and shall be so completed by its Clerk.
In the event that the Clerk is the person signing the Proposal on behalf of the Corporation, this certificate
shall be completed by another officer of the Corporation.
Page | 26 1107759v1
TOWN OF MILTON
__________________________
ATTACHMENT G
CERTIFICATE OF COMPLIANCE WITH M.G.L. c. 151B
The Proposer hereby certifies that it is in compliance with and shall remain in compliance with
Massachusetts General Laws (M.G.L.) Chapter 151B and shall not discriminate on any prohibited basis
outlined therein. The Proposer also hereby certifies that it shall comply with any and all applicable Supplier
Diversity Office (SDO) thresholds that have been established in conjunction with this Request for Proposals.
_____________________________
Name of Proposer
_____________________________
Address of Proposer
_____________________________
_____________________________
Telephone Number_____________
By: _________________________
(Signature)
_________________________
Printed Name
_________________________
Printed Title
_________________________
Date
