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Introduction
The Benjamin Franklin Educational Foundation, Inc., (Owner) is seeking the services of a qualified Owners Project Manager
as defined in Massachusetts General Laws Chapter 149, Section 44A and as further defined by the provisions of this RFS, to
provide Project Management Services for the feasibility study, design, construction of a new facility for use by Benjamin Franklin
Classical Charter Public School to be opened in June 1, 2016 in Franklin Massachusetts or a contiguous community (Project).
The Owner is requesting the services of an Owners Project Manager to represent the Owner during a review of the schools strategic
plan, and schematic design phases of the Project initially.
The selection of a designer by the Massachusetts Designer Selection Board (DSB), financing, the contract between the Owner and
the Owners Project Manager may be amended to include continued Project Management Services through design development,
construction documents, bid and award, construction and final closeout of the potential Project. The Owner reserves the right not to
contract with the OPM for continued Project Management Services.
The potential approved Project may include a renovation of an existing facility or new construction (See Attachment A). The
estimated total project costs of an approved potential Project may range from $20 Million to $25 Million depending on the site
and the facility to be renovated or constructed.
Copies of the RFS are available at:
Charter School Support Services, Inc.
1661 Worcester Road
Suite 203
Framingham, MA 01701
www.csssinc.org
Background
Benjamin Franklin Classical Charter Public School (BFCCPS) opened in 1995 as a Commonwealth Charter School. The mission
of BFCCPS is to assist parents in their role as primary educators of their children by providing the children with a classical
academic education coupled with sound character development and community service. The schools current five-year charter will
be subject to renewal in 2015.
On March 23, 2014, the Massachusetts State Board of Education approved BFCCPS request to become a Regional Charter
School serving: Franklin, Bellingham, Blackstone/Millville, Holliston, Hopedale, Medway, Mendon/Upton, Milford, Millis,
Norfolk, Plainville, Walpole and Wrentham. BFCCPS enrollment will increase from 450 to 900 students over the next several
years.
On October 29, 2014 the Board of Trustees issued an RFP Real Property Acquisition with a proposal deadline of December 1,
2014.
3.
Assist and advise the Owner on drafting of the construction contract including all costs and conditions.
g. Serve as a member of any Prequalification Committee(s) for general bidders or filed sub bidders.
5. Assist the Owner with the permitting of the project with City and State officials, as needed. Follow up with all
permitting requirements with all public authorities in order to complete the permitting process in a timely manner.
Coordinate with the Owner, or the Owners representative, the installation of FFE and technology.
j.
Manage the Final Punch List and Closing Out process to insure full project completion and
compliance with Plans and Specifications.
k. Make sure that the Final Close Out will not compromise the integrity of any Warranties.
l.
1 month
B.
1 month
C.
4 months
D.
Construction Phase
12 months
5.
Minimum Requirements:
In order to be eligible for selection, each Respondent must certify in its cover letter that it meets the following minimum
requirements. Any Response that fails to include such certification in its response, demonstrating that these criteria have
been met, will be rejected without further consideration.
Each Respondent must designate an individual who will serve as the Project Director. The Project Director shall be
certified in the Massachusetts Certified Public Purchasing Officer Program as administered by the Inspector General
of the Commonwealth of Massachusetts and must meet the following minimum requirements:
B.
The Project Director shall be a person who is registered by the Commonwealth of Massachusetts as an architect or
professional engineer and who has at least 5 years experience in the construction and supervision of construction
and design of public buildings: or,
If not registered as an architect or professional engineer, the Project Director must be a person who has at least
seven (7) years experience in the construction and supervision of construction and design of public buildings.
Evaluation Criteria
In addition to the minimum requirements set forth above, all Respondents must demonstrate that they have significant
experience, knowledge and abilities with respect to public construction projects, particularly involving the
construction and renovation of public schools in Massachusetts. The Owner will evaluate Responses based on criteria
that shall include, but not be limited to, the following:
1.
Past performance of the Respondent, if any, with regard to public, private, Massachusetts Department of
Elementary and Secondary Education (DESE) funded and non-funded Massachusetts School Building
Authority funded school projects and Commonwealth Charter school projects as evidenced by:
a. Documented performance on previous projects as set forth in Attachment C, including the
number of projects managed, project dollar value, number and percentage completed on time,
number and dollar value of change orders, average number of projects per project manager per
year, number of accidents and safety violations, dollar value of any safety fines, and number and
outcome of any legal actions;
b. Satisfactory working relationship with designers, contractors and Owners.
2.
Thorough knowledge of the Massachusetts State Building Code, regulations related to the Americans with
Disabilities Act, and all other pertinent codes and regulations related to successful completion of the project.
3.
Thorough knowledge of Commonwealth construction procurement laws, regulations, policies and procedures
with both DBB and CM methodologies.
4.
Management approach: The Respondents approach to providing the level and nature of services required as
evidenced by proposed project staffing for a potential (hypothetical) proposed project for new construction
or renovations of up to 120,000 square feet of space; proposed project management systems; effective
information management; and examples of problem solving approaches to resolving issues that impact time
and cost.
5.
Key personnel: Provide an organizational chart that shows the interrelationship of key personnel to be
provided by the Respondent for this project and that identifies the individuals and associated firms (if any)
who will fill the roles of Project Director, Project Representative and any other key roles identified by the
Respondent, including but not limited to roles in design review, estimating, cost and schedule control.
Specifically, describe the time commitment, experience and references for these key personnel including
5
relevant experience in the supervision of construction of several projects that have been either successfully
completed or are in process that are similar in type, size, dollar value and complexity to the project being
considered.
6.
Capacity and skills: Identify existing employees by number and area of expertise (e.g. field supervision, cost
estimating, schedule analysis, value engineering, constructability review, quality control and safety).
Identify any services to be provided by Sub consultants.
7.
Identify the Respondents current and projected workload for projects estimated to cost in excess of $1.5
million.
8.
Thorough knowledge and demonstrated experience with life cycle cost analysis, cost estimating, value
engineering with actual examples of recommendations, and associated benefits to Owners.
9.
Financial Stability: Provide current balance sheet and income statement as evidence of the Respondents
financial stability and capacity to support the proposed contract.
In order to establish a short list of Respondents to be interviewed, the Owner will base its initial ranking of Respondents on the
above Evaluation Criteria. The Owner will establish its final ranking of the short-listed Respondents after conducting interviews
and reference checks.
6.
General Information
The Owner reserves the right to consider any other relevant criteria that it may deem appropriate, within its sole discretion. The
Owner may or may not, within its sole discretion, seek additional information from Respondents.
This Request for Services, any addenda issued by the Owner, and the selected Respondents response, will become part of the
executed contract. The key personnel that the Respondent identifies in its response must be contractually committed for the
Project. No substitution or replacement of key personnel or change in the Subconsultants identified in the response shall take
place without the prior written approval of the Owner.
The selected Respondent(s) will be required to execute a Contract for Project Management Services with the Owner in the form
that is attached hereto as Attachment A and incorporated by reference herein. Prior to execution of the Contract for Project
Management Services with the Owner, the selected Respondent will be required to submit to the Owner a certificate of insurance
that meets the requirements set forth in the Contract for Project Management Services.
Prior to execution of the Contract for Project Management Services, the fee for services shall be negotiated between the Owner
and the selected Respondent to the satisfaction of the Owner, within its sole discretion. The initial fee structure will be negotiated
through the Feasibility Study and Schematic Design Phase. The selected Respondent, however, will be required to provide pricing
information for all Phases specified in the Contract at the time of fee negotiation.
7.
The Owner will appoint an OPM Selection Committee that will include members of the Benjamin Franklin Educational
Foundation, school administration, faculty and staff, community members and Charter School Support Services. The OPM
Selection Committee will review all proposals submitted and then evaluate the proposals based on the criteria listed in section 5
above and the documentation provided by the Respondent. The OPM Selection Committee will develop a list of three potential
vendors for in person interviews. The OPM Selection Committee will then complete an additional review of the three vendors
using the criteria set forth in Section 5 above.
The OPM Selection Committee will then recommend the list of vendors to the Owner based on the ranking.
The Owner will commence fee negotiations with the first-ranked selection. If the Owner is unable to negotiate a contract with the
first-ranked selection, the Owner will then commence negotiations with its second-ranked selection and so on, until a contract is
successfully negotiated and approved by the Owner.
November 19, 2014: Advertise RFS in Central Register of the Commonwealth of Massachusetts and MetroWest Daily News.
November 24, 2014: Last day for questions from Respondents
December 5, 2014: Responses due
December 8, 2014: Respondents short-listed
December 15, 2014: Interview short-listed Respondents
December 22, 2014: Negotiate with selected Respondent
December 29, 2014: Execute contract
8.
An acknowledgement that the Respondent has read the Request for Services. Respondent shall note
any exceptions to the RFS in its cover letter.
An acknowledgement that the Respondent has read the Standard Contract. Respondent shall note
any exceptions to the Standard Contract in its cover letter.
A specific statement regarding compliance with the minimum requirements identified in Item 5 of
this Request for Services to include identification of registration, number of years of experience and
where obtained (as supported by the resume section of Attachment C), as well as the date of the
MCCPO certification. (A copy of the MCCPO certification should be attached to the cover letter).
The signature of an individual authorized to negotiate and execute the Contract for Project
Management Services, in the form that is attached to the RFS, on behalf of the Respondent.
The name, title, address, e-mail and telephone number of the contact person who can respond to
requests for additional information.
b. Selection Criteria: The response shall address the Respondents ability to meet the Selection Criteria Section
including submittal of additional information as needed.
c. Respondents may supplement this proposal with graphic materials and photographs that best demonstrate its
project management capabilities of the team proposed for this project. Limit this additional information to a
maximum of 3 - 8 x 11 pages, double-sided.
9.
The Owner will negotiate the fee for services dependent upon an evaluation of the level of effort required, job complexity,
specialized knowledge required, estimated construction cost, comparison with past project fees, and other considerations. As
construction, cost is but one of several factors, a final construction figure in excess of the initial construction estimate will not, in and
of itself, constitute a justification for an increased Owners Project Manager fee.
10.
Other Provisions
A. Public Record
All responses and information submitted in response to this RFS are subject to the Massachusetts Public Records Law,
M.G.L. c. 66, 10 and c. 4, 7 (26). Any statements in submitted responses that are inconsistent with the provisions of
these statutes shall be disregarded.
B. Waiver/Cure of Minor Informalities, Errors and Omissions
The Owner reserves the right to waive or permit cure of minor informalities, errors or omissions prior to the selection of a
Respondent, and to conduct discussions with any qualified Respondents and to take any other measures with respect to
this RFS in any manner necessary to serve the best interest of the Owner and its beneficiaries.
C. Communications with the Owner
Jennifer Powell
Validity of Response
Submitted responses must be valid in all respects for a minimum period of ninety (90) days after the submission deadline.
ATTACHMENTS:
Attachment A: Contract for Owners Project Management Services
Attachment B: Evaluation Criteria
Attachment C: OPM Application Form
Attachment D-G: Required Certifications
ATTACHMENT A
PROPOSED CONTRACT WITH ADDENDA OPTIONS
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11
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13
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15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
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32
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49
50
51
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ATTACHMENT B
EVALUATION CRITERIA
Rating System: The following rating system will be used by the OPM Selection Committee to evaluate responses received that
have been determined to meet the minimum evaluation criteria listed above. Any responses that do not meet any of the minimum
evaluation criteria will be judged unacceptable and not reviewed further.
Projector Director Must Meet At Least One Criteria
In addition to the minimum requirements set forth above, all Respondents must demonstrate that they have significant experience,
knowledge and abilities with respect to public construction projects, particularly involving the construction and renovation of
public schools in Massachusetts. The Owner will evaluate Responses based on criteria that shall include, but not be limited to, the
following:
Rating is on a scale of zero (disqualified) to 10 (high) based on the documentation submitted. Respondents will be initially ranked
by the total weighted score of all raters with the highest score is the top Respondent.
1.
Score
2.
3.
1.
2.
65
4.
5.
6.
7.
8.
9.
3.
4.
5.
6.
7.
8.
9.
Maximum Points = 70
Highly Aadvantageous:
Advantageous:
Note Proposal is automatically eliminated from further consideration if a zero is received in any category.
66
ATTACHMENT C
Owners Project Manager Application Form - May 2008
2a.
2b
.
2c.
2d
.
2e.
Federal ID #:
2f.
3.
Personnel From Prime Firm Included In Question #2 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):
Admin. Personnel
Architects
Acoustical Engrs.
Civil Engrs.
Code Specialists
Construction
Inspectors
4.
Cost Estimators
Electrical Engrs.
Environmental
Licensed
Engrs. Site
Mechanical
Engrs.
Profs.
Other
Total
Yes
No
67
5.
List ONLY Those Prime and Sub-Consultant Personnel identified as Key personnel in the Response to Request for Services. This Information Should Be
Presented Below In The Form Of An Organizational Chart modified to fit the firms proposed management approach. Include Name of Firm And Name Of The
Person:
Benjamin Franklin
Educational Foundation Inc.
Prime Consultant
Project Director
Schematic
Design/Design
Development
Construction
Phase
Subconsultant
68
6.
a.
Brief Resume for Key Personnel ONLY as indicated in the Request for Services. Resumes Should Be Consistent With The Persons Listed On The
Organizational Chart In Question # 5. Additional Sheets Should Be Provided Only As Required For The Number Of Key Personnel And They Must Be In The
Format Provided. By Including A Firm As A Subconsultant, The Prime Applicant Certifies That The Listed Firm Has Agreed To Work On This Project, Should
The Team Be Selected.
Name And Title Within Firm:
a. Name And Title Within Firm:
b.
Project Assignment:
b.
Project Assignment:
c.
c.
d.
d.
e.
e.
f.
f.
g.
g.
h.
h.
i.
i.
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7a
a.
Past Performance: List all Completed Projects, in excess of $1.5 million, for which the Prime Applicant has performed, or has entered into a contract to
perform Owners Project Management Services for all Public Agencies within the Commonwealth within the past 10 years.
b.
c.
d.
e.
f.
g.
h.
i.
j.
Project Name And Brief Description Of
Project Dollar Completion
On Time Original
Change Number of Dollar
Number
Location Project
Project And Services
Value
Date (Actual
(Yes Or Construction
Orders Accidents Value of
And
Director
(Include Reference To
Or Estimate)
No)
Contract Value
and
any Safety Outcome
Areas Of Similar
Safety
fines
Of Legal
Experience)
Violations
Actions
(1)
(2)
(3)
70
(4)
(5)
71
7b.
Past Performance: Provide the following information for those completed Projects listed above in 7a for which the Prime Applicant has performed, or has
(con
entered into a contract to perform Owners Project Management Services for all Public Agencies within the Commonwealth within the past 10 years.
t)
a.
b.
c.
d.
e.
e.
f.
Project Name And
Original
Final
If different, provide reason(s) Original
Actual
If different, provide reason(s) for
Location
Project
Project
for variance
Project
Project
variance.
Project Director
Budget
Budget
Completion Completion
On Time
(Yes or No)
(1)
(2)
(3)
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(4)
(5)
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Capacity: Identify all current/ongoing Work by Prime Applicant, Joint-Venture Members or Subconsultants. Identify project participants and highlight any work
involving the project participants identified in the response.
Project Name And
b. Brief Description Of c. Original d. Current
d. Project
e. Current
f. Original
g. Number and h. Number and dollar
Location
Project And Services Project
Project
Completion forecast
Construction
dollar value
value of claims
Project Director
(Include Reference
Budget
Budget
Date
completion Contract
of Change
To Areas Of Similar
date
Value
Orders
Experience)
On Time
(Yes Or
No)
1.
8.
2.
3.
4.
5.
6.
7.
8.
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9.
a.
References: Provide the following information for completed and current Projects listed above in 7 and 8 for which the Prime Applicant has performed, or
has entered into a contract to perform Owners Project Management Services for all Public Agencies within the Commonwealth within the past 10 years.
Project Name And Clients Name, Address and Project Name And
Clients Name, Address Project Name And
Clients Name, Address
Location
Phone Number. Include
Location
and Phone Number.
Location
and Phone Number.
Project Director
Name of Contact Person
Project Director
Include Name of
Project Director
Include Name of Contact
Contact Person
Person
1)
5)
9)
2)
6)
10)
3)
7)
11)
4)
8)
12)
75
9.
10.
Use This Space To Provide Any Additional Information Or Description Of Resources Supporting The Qualifications Of Your Firm And That
Of Your Subconsultants. If Needed, Up To Three, Double-Sided 8 X 11 Supplementary Sheets Will Be Accepted. APPLICANTS ARE
REQUIRED TO RESPOND SPECIFICALLY IN THIS SECTION TO THE AREAS OF EXPERIENCE REQUESTED.
I hereby certify that the undersigned is an Authorized Signatory of Firm and is a Principal or Officer of Firm. 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)
________________________________
_________________________
_________________________
Date _____
76
ATTACHMENT D
CERTIFICATE OF NON-COLLUSION
The undersigned certifies under penalties of perjury that this bid or 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 natural person,
business, partnership, corporation, committee, union, club or other organization, entity, or group of individuals.
Signature: __________________________
___________________________________
Print Name & Title
___________________________
Date
___________________________________
Company Name
77
ATTACHMENT E
Pursuant to Chapter 62C of the Massachusetts General Laws, Section 49A (b), I
____________________________, authorized signatory for _____________________________
Name of individual
Name of owner
Do hereby certify under the pains and penalties of perjury that said owner has complied with all laws of the Commonwealth of
Massachusetts, and Benjamin Franklin Classical Charter Public School, relating to taxes, permit or other fees, reporting of
employees and contractors, and withholding and remitting child support.
___________________________________
____________________
Signature
Date
(Note: This form must be included in the proposal submission)
78
ATTACHMENT F
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 RFP.
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 RFP 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
79
ATTACHMENT G
CERTIFICATE OF NON-DEBARMENT
The Proposer hereby certifies that it is presently not debarred, suspended, or otherwise prohibited from practice by
any federal, state, or local agency, and that, should any proceeding arise in which it is debarred, suspended, or
otherwise prohibited from practice by any federal, state, or local agency, the Proposer shall inform the School
within one (1) business day of such debarment, suspension, or prohibition from practice.
_____________________________
Name of Proposer
_____________________________
Address of Proposer
_____________________________
_____________________________
Telephone Number_____________
By: _________________________
(Signature)
____________________________
Printed Name
____________________________
Printed Title
______________________
Date
80