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

(a) If the estimated construction, renovation, reconstruction or repair cost of the Approved Project is estimated to be $1,500,000 or greater, or if so required by the Authority as a condition to qualify for funding from the Authority, the Eligible Applicant shall procure the services of an Owner's Project Manager pursuant to the provisions of M.G.L. c. 149, § 44A1/2, 963 CMR 2.00 and any guidelines established by the Authority, and shall use standard contract forms established by the Authority.

(b) Prior to publishing an advertisement to procure an Owner's Project Manager, the Eligible Applicant shall review and adhere to the Authority's Owner's Project Manager Selection Guidelines. Requirements of such Guidelines may include but are not limited to, identification of a procurement administrator who may be a voting member of the Selection Committee identified by the School Building Committee. The Eligible Applicant shall use forms and processes that are acceptable to the Authority.

(c) Prior to executing a contract with the Owner's Project Manager, the Eligible Applicant shall request the Authority's approval of the Owner's Project Manager, in a form prescribed by the Authority and attend a meeting of the Authority's Owner's Project Manager Review Panel to present their selection of an Owner's Project Manager. The Authority shall, in its sole discretion, approve or disapprove of the selection of the Owner's Project Manager. The Authority may collect and maintain performance evaluation data relative to Owner's Project Managers that have been approved by the Authority on school projects and such performance evaluation data may be utilized in the Owner's Project Manager approval process. In the event that the Authority determines that an Owner's Project Manager is not performing to the satisfaction of the Authority, the Authority retains the right to rescind its approval of an Owner's Project Manager at any time or withhold initial approval based on the performance evaluation data that has been collected by the Authority. The Authority may determine that expenditures or project costs related to an Owner's Project Manager whose approval has been rescinded are ineligible costs and not reimbursable.

(d) Prior to executing a contract with the Owner's Project Manager, the Eligible Applicant shall submit documentation to the Authority describing in sufficient detail the selection process utilized in procuring the Owner's Project Manager and certifying in writing to the Authority that the Applicant used a qualifications-based selection process pursuant to M.G.L. c. 149, § 44A1/2.

(e) In the event that the Eligible Applicant elects to change the Owner's Project Manager during the course of the Approved Project, the Eligible Applicant shall notify the Authority in the format prescribed by the Authority 30 calendar days prior to the effective date of any such change. The Authority shall, in its sole discretion, approve or disapprove of the change of the Owner's Project Manager prior to said change becoming effective, which approval shall not be unreasonably withheld.

(f) The duties of the Owner's Project Manager shall include, but not necessarily be limited to:

(g) During the course of the Approved Project, the Eligible Applicant shall require the Owner's Project Manager to submit a timely, monthly report of the progress of the Approved Project, including cash flow projections, Affirmative Marketing Program Goals, Workforce Participation Goals for Minorities and Women, and a project schedule, to the Authority. The monthly reports shall be in writing in a form acceptable to the Authority.

(h) During the course of the Approved Project, the Eligible Applicant shall investigate and review, and shall require the Owner's Project Manager to investigate and review, the progress and quality of construction.

(i) The Authority maintains the right to direct the Eligible Applicant to remove the Owner's Project Manager for noncompliance with any applicable provisions of federal, state or local laws, 963 CMR 2.00, any other regulations, the terms and conditions of the Project Funding Agreement between the Eligible Applicant and the Authority, or any administrative directives issued by the Authority now in effect or hereafter promulgated and/or any guidelines, policies or rules established by the Authority.

(j) In the event that a dispute arises between the general contractor, and/or any sub-contractors, and/or the designer, including, but not necessarily limited to, disputes regarding the performance, quality, acceptability, fitness and rate of progress of the Approved Project or the requirements of the designer's contract or the contractors' construction contract(s), the Eligible Applicant shall cause the Owner's Project Manager to report any such claims, disputes, or other matters in question relating to the performance by the general contractor, sub-contractor, designer or vendor to the Authority in writing as soon as reasonably possible. The Eligible Applicant shall require the Owner's Project Manager to take all reasonable efforts designed to resolve any such claims, disputes, or other matters in question.

(k) The Eligible Applicant shall provide the Authority and the Owner's Project Manager with unrestricted access to the premises of the project at all reasonable times and to examine all agreements, construction contract documents, books, records and all other documents and materials related to the project, for the purpose of determining compliance with 963 CMR 2.00, the Project Funding Agreement and assessing the progress of the project.

(l) Nothing in 963 CMR 2.00 shall be construed as an assumption by the Owner's Project Manager of the responsibilities or duties of the vendors, contractors or designer. The Owner's Project Manager's services shall be rendered based on industry standards and in coordination with the services provided by the designer. It is not intended that the services of the Owner's Project Manager and designer be competitive or duplicative, but rather complementary. The Owner's Project Manager shall be able to rely upon the vendors, designers and contractors for the proper performance of their obligations pursuant to their respective contracts with the Eligible Applicant.

(m) The Owner's Project Manager shall certify to the Authority, in a format and manner prescribed by the Authority, that the project director for the Owner's Project Manager is certified in the Massachusetts Certified Public Purchasing Official Program for School Project Designers and Owner's Project Managers as administered by the Inspector General of the Commonwealth of Massachusetts.

(a) The Authority has established a Designer Selection Panel for the selection of designers, programmers and other entities in connection with public school construction projects seeking funding from the Authority where the estimated construction cost is greater than or equal to an amount established by the Authority.

(b) Eligible Applicants seeking funding from the Authority for projects where the estimated construction cost is less than an amount established by the Authority, shall be conducted pursuant to M.G.L c. 7C, §54 by the respective city, town, regional school district or independent agricultural and technical school, unless otherwise determined by the Authority. In such cases, prior to executing a contract with the designer, the Eligible Applicant shall submit documentation to the Authority describing in sufficient detail the selection process utilized in procuring the designer and certifying in writing to the Authority that the Eligible Applicant used a selection process pursuant to M.G.L c. 7C, §54.

(c) The Authority shall, in its sole discretion, approve or disapprove of the appointment of the designer which approval shall not be unreasonably withheld. The Authority may maintain performance evaluation data relative to designers that have provided designer services for school projects and such performance evaluation data may be utilized in the Designer Selection process.

(d) In the event that the Eligible Applicant changes the designer during the course of the Approved Project, the Eligible Applicant shall notify the Authority in writing, 30 days prior to the effective date of any such change. The Authority shall, in its sole discretion, approve or disapprove of the change of the designer prior to said change becoming effective, which approval shall not be unreasonably withheld.

(e) When contracting for designer services for an Approved Project, the Eligible Applicant shall use standard contract forms established by the Authority.

(f) The designer shall certify to the Authority, in a format and manner prescribed by the Authority, that the individual directly in charge of the project is certified in the Massachusetts Certified Public Purchasing Official Program for School Project Designers and Owner's Project Managers as administered by the Inspector General of the Commonwealth of Massachusetts.