[HISTORY: Adopted by the Board of Selectmen of the Town of Sunderland 8-29-1988. Amendments noted where applicable.]
All words defined in MGL c. 7, §§ 38A 1/2 through 38O, and used in these rules and regulations shall have the meanings set forth therein unless the context in which they are used clearly requires a different meaning or a different definition is prescribed in the text of these rules and regulations.
The Board of Selectmen shall have the authority to select a designer for any project, subject to the provisions of MGL c. 7, §§ 38A 1/2 through 38O, other than a project for which funds have been appropriated for the use of the School Committee. The School Committee shall make the selection in the latter case.
Every contract for design services for any building construction, reconstruction, alteration, remodeling or repair estimated to exceed ten thousand dollars ($10,000.) by an agency, board, commission, committee, authority or department of the town, other than a housing authority, shall be awarded only after compliance with the selection procedure set forth in these rules and regulations.
The Board of Selectmen or School Committee intending to contract for design services shall:
Designate the Permanent Building Committee as the Design Review Committee (DRC) to select finalists for recommendation to the Board of Selectmen or School Committee.
Prepare or cause to be prepared the following:
Descriptions of the services required in detail, specifying the nature of the project and specific design services required, including but not limited to feasibility studies; structural analyses; master plans; surveys; soil tests; cost estimates; and preparation of drawings, plans or specifications, including but not limited to schematic drawings, preliminary plans and specifications, or other documents related to the administration of the construction contract, including supervision or administration of a construction contract and construction management and scheduling.
Specifications of qualifications to the designer, including but not limited to the following items:
Architectural or engineering specialty or specialties desired.
The extent and nature of experience desired.
The size of the staff to be available.
Other consultant services to be provided by the designer.
The capability for project supervision and/or inspection.
Financial stability and reliability.
An advertisement to be published at least two weeks prior to the deadline for applications for the contract in a local newspaper of general circulation and an advertisement in the Central Register at least two (2) weeks before the deadline for applications for the contract.
An application form for use by interested designers. This form may be as suggested by the Division of Capital Planning and Operations (DCPO) or a form proposed specifically for use by the Town of Sunderland which shall include, at a minimum, the same information required by the DCPO form. In the event that a special form is prepared, it shall be approved by Town Counsel and the Board of Selectmen before use.
A statement of criteria for selection of the designer, which may include but not be limited to the following:
Prior experience on similar projects.
Past performance on public and private projects.
Experience and qualifications of specific participants and staff to be assigned to the project if the contract were awarded.
Special knowledge, training or expertise which may be required or offered.
Identity and qualifications of any consultants or engineering specialists who will work with the designer on the project, such as but not limited to electrical and/or mechanical and/or structural engineers, landscape architects, equipment specification writers or energy conservation specialists.
Willingness to inspect the project.
Workload and date for completion of design.
Other criteria relevant to the specific project.
A statement of basis for the designer's fee. Determine whether the fee is to be fixed in advance by the awarding authority prior to the selection process or is to be negotiated.
A statement of procedures to be followed in the screening of applicants.
The Board of Selectmen, School Committee or the Permanent Building Committee shall select the three finalists for consideration using the criteria in § 129-4B(5) of these rules and regulations.
The Board of Selectmen, School Committee and/or the Permanent Building Committee shall interview the three finalists.
The Board of Selectmen, School Committee and/or the Permanent Building Committee shall give each finalist the opportunity to submit such additional information as the awarding authority may require.
The Board of Selectmen or the School Committee shall select the designer to whom a contract will be offered.
The Board of Selectmen or the School Committee shall cause to be published in the Central Register the names and rankings of the designer firms selected for contract negotiations.
The Board of Selectmen or School Committee shall prepare and make public a written statement of the reasons supporting the selection of the designer. The vote of the Board or Committee shall incorporate the statement of reasons and be recorded in the official minutes of said Board or Committee.
The awarding authority shall advise the Town Counsel of its selection of a designer and the fee as a total dollar amount. The Town Counsel shall approve the contract in form, complying with applicable provisions of law and these rules and regulations which incorporate the agreement negotiated with the designer selected.
The awarding authority shall publish in the Central Register the name of the designer or designer firm to whom a contract is awarded on the form prescribed by the Secretary of State.
These rules and regulations may be amended from time to time at any duly posted meeting of the Board of Selectmen by majority vote of the Board of Selectmen.
Editor's Note: Sample application forms, which immediately followed the end of these rules and regulations, are on file in the town offices.