HomeMy WebLinkAbout2015-12-05 OPM Approval Letter Minuteman Vo-TechI n n I
Massachusetts School Building Authority
Steven Grossman John K McCarthy
Chairman, State Treasurer Executive Director
December 5, 2012
Dr. Edward Bouquillon, Superintendent
Minuteman Regional Vocational Technical School District
758 Marrett Road
Lexington, MA 02421
Re: Project Manager Approval
Minuteman Regional Vocational Technical High School
MSBA Project No. 200908300605
Dear Dr. Bouquillon:
As you are aware, pursuant to the provisions of G.L. c. 149, s. 44A 1 /2 and 963 CMR 2.11,
the Minuteman Regional Vocational Technical School District ( "District ") is required to procure the
services of an Owner's Project Manager for the above - referenced project using a qualifications
based selection process. As required by 963 CMR 2.11 (3), the District has certified in writing to
the Massachusetts School Building Authority ( "MSBA ") that it has used a qualifications based
selection process that complies with Massachusetts law. Pursuant to 963 CMR 2.11(2) and G.L. c.
70B, s. 2, the District has requested in writing that the MSBA approve the District's selection of
Skanska USA Building, Inc. as the Owner's Project Manager for the above - referenced project. The
MSBA has reviewed the information submitted by the District in support of its selection of Skanska
USA Building, Inc. Based upon the information provided by the District, the MSBA hereby
approves the District's selection of Skanska USA Building, Inc. for the above - referenced project.
The MSBA's approval is specific to Skanska Integrated Solutions and to the key personnel
identified by Skanska USA Building, Inc. in the proposal that was submitted to the District and
reviewed by the MSBA. Pursuant to the provisions of 963 CMR 2.11(4) and the applicable
requirements of any agreements between the MSBA and the District, any change in the OPM or its
key personnel, as described in the attached organizational chart, must be approved in writing by the
District and the MSBA. The MSBA's approval is also based upon the District's representation that
the Eligible Applicant for the District has designated Dr. Edward Bouquillon, Superintendent, as the
individual who shall have the authority to act on behalf of the Owner under its contract with the
Owner's Project Manager and who shall be responsible for day -to -day communication between the
Owner and the Owner's Project Manager. Any change in this designation must be approved in
writing by the MSBA.
40 Broad Street, Suite 500 • Boston, MA 02109 • Tel: 617- 720 -4466 • Fax: 617 - 720 -5260 • www.MassSchoolBuildings.org
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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
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December 5, 2012
Minuteman Letter
Project Manager; or any other alleged acts or omissions on the part of the MSBA related to the
selection, performance, acts or omissions of the Owner's Project Manager.
Sincerely,
r
M Pichetti
Director of Capital Planning
Cc: Senator James Eldridge
Senator Jennifer Flanagan
Senator Kenneth Donnelly
Senator Richard Ross
Senator Susan Fargo
Senator William Brownsberger
Representative Alice Hanlon- Peisch
Representative Cory Atkins
Representative Denise Garlick
Representative Harold Naughton
Representative Jay Kaufman
Representative Jennifer Benson
Representative Kate Hogan
Representative Sean Garballey
Representative Thomas Conroy
Representative Thomas Stanley
Ford Spaulding, Chair, Minuteman School Committee
File: 4.1 OPM Selection (Region 4)
Attachments:
Skanska USA Building, Inc.
MSBA Systems Access Form
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MSBA SYSTEM ACCESS REQUEST FORM
OPM REPORT SYSTEM USER
PLEASE PRINT CLEARLY.
TODAY'S DATE:
TITLE:
NAME:
E -MAIL ADDRESS:
ADDRESS:
DISTRICT NAME:
SYSTEM ACCESS REQUESTED:
OPM REPORT SYSTEM SCHOOLS FOR WHICH ACCESS IS REQUESTED (Please List)
r OPM Firm (Update)
r OPM Firm (Read Only)
r District Staff (Read Only)
I, , the Superintendent of Schools or Mayor/Town Administrator for the
Town/City/Regional School District of hereby authorize the above -named individual to access and use
the MSBA online database as requested above, with the level(s) of access indicated. I understand that, should the above -named
individual be granted access to this database, he /she will be solely responsible for access to the database on behalf of the
Town /City/Regional School District of , using the login ID and password provided by the
MSBA.
Signed:
Superintendent of Schools/Mayor/Town Administrator
MSBA Use Only
APPROVED BY:
COMPLETED BY:
DATE
DATE
Please fax completed form to either Paul Fowkes or, for the Green Repair Program, William Cross at the MSBA:
PHONE:
CITY:
ZIP:
617 - 720 -5260 or 617 - 720 -8460