MASSACHUSETTS CONVENTION CENTER AUTHORITY OWNER S PROJECT MANAGER SERVICES ADDENDUM NO. 1

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1 Owner s Project Manager Addendum No. 1 May 1, 2013 MASSACHUSETTS CONVENTION CENTER AUTHORITY OWNER S PROJECT MANAGER SERVICES ADDENDUM NO. 1 This Addendum forms a part of and modifies the Request for Proposals dated April 8, Where any original item called for in the Request for Proposals is supplemented hereby, the supplemental requirements shall be considered as added thereto. Where any original item is amended, voided, or superseded hereby, the other provisions of such items not specifically amended, voided, or superseded shall remain in effect. The proposal deadline has been extended to May 10, Q1. Based upon a review of Exhibit B, there appears to be a number of projects which may be under construction at the time a contract is executed on September 1, Will the previous OPM consultant stay on to finish those assignments or will the newly contracted OPM (s) be responsible for staffing those projects with on-site field representation? A1. The current OPM contract expires August 31, The Authority shall provide for the new OPM to commence their contract minimum of (30) days prior to that expiration. The time shall be used to properly and effectively transition the projects. Q2. The certifications referenced in 5.3.h are either the form for the notary s signature or not included. Will they be coming later? A2. Revised P.18 containing certifications is attached and made part of this addendum. Q3. We respectfully request that the requirement of submitting audited financial statement be amended to permit alternate means of documenting financial conditions. A3. The Authority requests audited financial statements from proposers in most, if not all, procurements of this size. If for some reason a proposer is unable or unwilling to provide audited financial statements with its response, such proposer may submit such material which such proposer determines to provide substantially the information contained in audited financial statements, and the Authority reserves the right to deem such submission satisfactory in its discretion. Q4. Will the selected Owner s Project Manager (OPM) be excluded or restricted in any way from proposing on future OPM work that may be procured? A4. The Authority is not able to predict with particularity the exact nature or scope of work to be undertaken by it during the term of the Owner s Project Manager Contract. Accordingly, it cannot state with certainty whether normal conflict of interest principles or the provisions of G.L.c268A would preclude a proposer s participation in 1

2 Owner s Project Manager Addendum No. 1 May 1, 2013 Authority s projects because of its selection as the Owner s Project Manager under this procurement. Q5. Given that the Projects identified in Exhibit A are currently on-going, and an OPM firm is currently working for the MCCA, will there be an intentional overlap of services? Will the current OPM firm be required by MCCA to coordinate the turnover of project information? A5. Refer to A1. Current OPM shall turnover all project files for any active OPM managed projects during the (30) days transition period. Q6. Does the MCCA have standard reporting formats, forms and work products that the selected OPM firm will be required to use once selected? A6. Yes, the current OPM produces daily, weekly, and monthly reports and updates on project status, project cost performance, staffing, and labor/expense allocations. The current OPM developed the formats used to meet MCCA needs. We are flexible on format as long as the intent is satisfied. Q7. Several areas of service identified in Section 5.3(d) are customarily the responsibility of the General Contractor or Construction Manager, such as Quality Control and Project Safety. Does the MCCA require the OPM to be responsible for these areas of service or will the OPM observe and monitor the General Contractor s or Construction Manager s efforts in these areas? A7. We agree, quality control and safety are considered contractual responsibilities the GC or CM must satisfy however, the OPM is charged with insuring the proposed program satisfies the specified intent, that the program is administered effectively by observing, monitoring, and reviewing related reports and documentation. Q8. MCCA requires compliance with Executive Order 524 and that proposers must comply with a M/WBE participation goal of 17.9%. If the selected OPM firm is a State certified MBE, will that firm receive 100% credit for M/WBE participation? Will there also be a need for WBE participation? A8. The Office of Capital Asset Management and Maintenance (DCAMM) has issued guidance that in administering Executive Order 524 in projects where there are combined goals of MBE and WBE, that a reasonable representation of both MBE and WBE is required; and, in such cases, where a contracting party is a certified MBE or WBE, participation will still be required by a firm that does not hold the MBE or WBE certification it holds. The Authority anticipates following this guidance. Q9. Section 5.8 on page 13 states The Authority is incorporating compliance with Executive Order 524 into selection criteria for the award of this contract. Accordingly, proposers must identify proposed commitment of contract dollars to certified M/BEs under this contract, pursuant to Exhibit I. Does the contract dollar amount have to be provided in 2

3 Owner s Project Manager Addendum No. 1 May 1, 2013 the proposal or only in the forms listed on page 8 of Attachment I required after Notice to Proceed? A9. Since there is no fixed dollar amount to be submitted with the Response to the RFP, Proposers in response to RFP Section 5.8, must explain in complete detail what measures it will undertake to comply with the MBE/WBE requirements, the specific MBE/WBE entities it will utilize in each capacity and the estimated expenditure levels it anticipates achieving with each. Attachment I need not be submitted at this time Q10. Section on page one states that the RFP includes the Affidavit of Compliance and Corporate Vote, and a fully completed copy of the Certification form attached to this RFP, however neither of these were provided in the RFP. Will you please provide these forms? A10. Refer to A2. The Affidavit of Compliance and Corporate Vote are attached hereto, but need be executed only by the successful proposer at time of contract. Q11. Page 20 of the RFP is meant to be for a corporation but is a duplicate of the partnership signature page on page 19. Will you please provide appropriate signature page for a corporation? A11. Revised P.20 is attached and made part of this addendum. Q12. In regards to section 5.4 c on page 11 of the RFP, when demonstrating milestone for performance of such tasks and subtasks, what level of detail is required for the estimated levels of effort, i.e., percentage, man-hours, etc.? A12. The level of detail required will vary according to the complexity of the project being managed. The more complex will require greater levels of detail in order to help justify the increased level of effort the OPM will need to put forth during each critical phase of a project s life cycle. Percentages can be used in the case of FTEs who are managing a number of projects simultaneously. Estimated hours is more appropriate for PTEs whose involvement is more specialized and less frequently required. The MCCA is not intending to be rigid in this request but suggestive to the extent good justification of the L.O.E. can be illustrated. Contract Modifications: The Authority has reviewed requests made and is unwilling to modify contract terms as requested at this time. 3

4 Receipt of the following Addenda is hereby acknowledged: Addendum Date CERTIFICATIONS The undersigned represents, warrants and certifies that: The information contained in the proposal is true and complete. The proposal has been prepared and submitted in good faith and has been duly and properly authorized for submission on behalf of the proposer. In preparation and development of the proposal, the proposer has not, directly or indirectly, solicited or received any advice, assistance or information concerning the Project from any representative of the Authority, its agents or consultants which was not equally available to other proposers and which might contribute to an actual or potential competitive advantage for the proposer. The undersigned further certifies under the penalties of perjury that (i) (ii) the proposal is made without collusion or fraud with any other person or entity; and the proposer has filed with the Massachusetts Secretary of State all certificates and annual reports required by Chapter 156B, Sections 12,13 and 109 (Massachusetts business corporation), or by Chapter 181, Section 1 et. seq. (foreign corporation), as applicable, of the Massachusetts General Laws. INFORMATION The Authority's receipt or discussion of any information (including information contained in the proposal and any ideas or other material communicated or exhibited by the proposer or on its behalf) shall not impose any obligation whatsoever on the Authority or entitle the proposer to any compensation therefore, except to the extent specifically provided in such written agreement as may be entered into between the Authority and the proposer. Any such information given to the Authority before, with or after submission of the proposal, either orally or in writing, except as noted below, is not given in confidence, and may be used, or disclosed to others, for any purpose at any time without obligation or compensation and without liability of any kind whatsoever. Any statement which is inconsistent with the terms of this paragraph, whether made as part of or in connection with any information received from the proposer or made at any other time in any fashion, shall be void and of no effect. The proposal is not intended, however, to grant to the Authority the right to use any matter which is the subject of valid existing or pending patents. 18 Revised 5/1/13

5 When Proposer is a corporation: (Printed Name of Corporation) Witness: By: (Signature of Authorized Officer) (Printed Name of Authorized Officer) Attest: (Secretary) ACKNOWLEDGMENT: (Corporate Seal) STATE OF COUNTY OF Before me personally appeared as an authorized officer in the above named a corporation, to me well known and known to me to be the person described in and who executed the foregoing instrument, and acknowledged to and before me that executed said instrument as his/her free act and deed in the capacity and for the purposes therein expressed. WITNESS my hand and official seal, this the day of, 2013 Notary Public State of My Commission Expires: 20 Revised 5/1/13

6 AFFIDAVIT OF COMPLIANCE AND VOTE OF CORPORATION Massachusetts Business Corporation Foreign (non-mass.) Corp. Non-Profit Corporation I,, President/Clerk of whose principal office is located at [Name of Corporation] do hereby certify that the above named corporation has filed with the Massachusetts Secretary of State all certificates and annual reports required by Chapter 156B, Section 109 (business corporation), by Chapter 181, Section 4 (foreign corporation) or by Chapter 180, Section 26A (non-profit corporation) of the Massachusetts General Laws. SIGNED UNDER THE PENALTIES OF PERJURY this day of, 2013 Signature of Responsible Corporate Officer Title If a corporation, complete below or attach to each signed copy of the Contract a notarized copy of vote of corporation authorizing the signatory to sign this Contract. At a duly authorized meeting of the Board of Directors of [Date] at which all the Directors were present or waived notice, it was VOTED, that, [Name of Corporation] held on [Name] [Office] of this corporation be and hereby is authorized to execute contracts, bonds and other instruments in the name and behalf of said corporation and affix its corporate seal thereto, and such execution of any contract or other instrument or obligation in this corporation's name on its behalf by such of the corporation, shall be valid and binding upon this corporation. [Officer] I hereby certify that I am the Clerk of that is the duly elected [Name] [Office] of said corporation, and that the above vote has not been amended or rescinded and remains in full force and effect as of the date of this Contract. A true copy, ATTEST Clerk Place of Business Corporate Seal AFFIDAVIT OF COMPLIANCE