2015-12-05 OPM Approval Letter Minuteman Vo-Tech

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Page 2 December 5, 2012 Minuteman Letter The MSBA's approval of the District's selection, however, is subject to the provisions of 963 CMR 2.11 that, among other things, allow the MSBA to rescind its approval and /or to direct the removal of the Owner's Project Manager in certain circumstances. The MSBA retains the right to rescind its approval of the District's selection of Skanska USA Building, Inc. and to deny and/or recoup reimbursement for expenditures or costs related to the Owner's Project Manager services if Skanska USA Building, Inc. does not perform its services to the satisfaction of the MSBA. The MSBA's approval is further subject to the execution of a contract between the District and Skanska USA Building, Inc. in a form that is satisfactory to the MSBA, utilizing any standard contracts, forms, and provisions that the MSBA may require and the completed MSBA System Access Request form. Please forward a copy of the fully executed contract between the District and Skanska USA Building, Inc. to Jennifer Connarton at the MSBA by December 26, 2012. It will be the District's responsibility to monitor the performance of Skanska Integrated Solutions, to ensure that Skanska USA Building, Inc. performs its obligations in a satisfactory manner, and to enforce the provisions of its contract with Skanska USA Building, Inc. Among obligations imposed upon the Owner's Project Manager in the MSBA's standard contract is the requirement that the Owner's Project Manager submit monthly reports to the MSBA. The District shall ensure that the Owner's Project Manager submits its monthly reports on time and in the form and manner prescribed by the MSBA. Such reports shall be submitted to the MSBA by the Owner's Project Manager using the MSBA's on -line OPM Report System. In order to activate and use this system, the District must complete and submit the attached MSBA System Access Request form. The completed form must be delivered to the MSBA by December 26, 2012. The District must comply with all provisions of law and all conditions imposed by any agreements executed between the MSBA and the District, including, but not limited to, a project funding agreement, project scope and budget agreement and a feasibility study agreement, that relate to the provision of services by an Owner's Project Manager. The MSBA maintains the right to withhold reimbursement of costs and expenditures associated with Owner's Project Manager services if the District fails to comply with the applicable terms and conditions of its agreements with the MSBA or any administrative directives issued by the MSBA, now in effect or hereafter promulgated. The MSBA's decision to approve the District's selection of an Owner's Project Manager; to approve changes in the Owner's Project Manager or its key personnel; or to decline to exercise any of its rights in relation to the selection or performance of the Owner's Project Manager shall not be construed as a waiver of the MSBA's right to review, audit and disallow costs incurred by the District in relation to Owner's Project Manager services, to withhold reimbursement, or to take any other actions available to the MSBA under the law or under its agreements with the District. The MSBA shall bear no liability of any kind whatsoever for any claims directly or indirectly arising out of the MSBA's approval of the District's selection of the Owner's Project Manager; the MSBA's approval or non - approval of changes in the Owner's Project Manager or its key personnel; the MSBA's decision to rescind its approval or to direct the removal of an Owner's -2-