963 CMR 2.11 - Owner's Project Manager

Current through Register 1466, April 1, 2022

(1) 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 a 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, § 44A½, 963 CMR 2.00 and any guidelines established by the Authority, and shall use standard contract forms established by the Authority. All costs associated with the Owner's Project Manager that are incurred prior to the execution of a Project Funding Agreement shall be borne exclusively by the Eligible Applicant, unless otherwise determined in writing by the Authority.
(2) Prior to executing a contract with the Owner's Project Manager, the Eligible Applicant shall request in writing the Authority's approval of the Owner's Project Manager. The Authority shall, in its sole discretion, approve or disapprove of the selection of the Owner's Project Manager. As part of the approval process, Owner's Project Managers shall be required to be certified pursuant to a certification process that will be developed by the Authority. 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may determine that expenditures or project costs related to an Owner's Project Manager whose approval has been rescinded are ineligible costs and not reimbursable.
(3) 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, § 44A½.
(4) 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 writing, 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.
(5) The duties of the Owner's Project Manager shall include, but not necessarily be limited to:
(a) managing and coordinating the daily administration of the Approved Project to completion;
(b) monitoring and reporting on the project schedule, total project budget and cash-flow;
(c) conducting a build-ability review of the project designs;
(d) monitoring and reporting on the Requests for Information from the general contractor to the designer or to anyone else on the project team;
(e) monitoring and reporting on the performance of the general contractor and providing administration of the contract between the Eligible Applicant and the general contractor;
(f) monitoring and reporting on the performance of the designer and providing administration of the contract between the Eligible Applicant and the designer;
(g) assisting the Eligible Applicant in the procurement of other vendors and contractors and execution of other contracts and agreements associated with the Approved Project;
(h) maintaining all records and reports related to the project;
(i) assisting the Eligible Applicant in preparation of requests for reimbursements and other documentation required to be submitted to the Authority;
(j) providing representation at meetings related to the project and at the construction site;
(k) notifying, in a timely fashion, the Authority and the Eligible Applicant of defective work; and
(l) any other requirements pursuant to 963 CMR 2.00 guidelines, policies or the standard contract as developed by the Authority.
(6) During the course of the Approved Project, the Eligible Applicant shall require the Owner's Project Manager to submit a monthly report of the progress of the Approved Project, including cash flow projections and a project schedule, to the Authority. The monthly reports shall be in writing in a form acceptable to the Authority.
(7) 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.
(8) 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.
(9) 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.
(10) 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 CRM 2.00, the Project Funding Agreement and assessing the progress of the project.
(11) 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.
(12) 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 as administered by the Inspector General of the Commonwealth of Massachusetts.

Notes

963 CMR 2.11

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