[HISTORY: Adopted by the Board of Selectmen
(now Selectboard) 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.
[Amended by Ch. 141 of the Acts of 2019, approved 12-12-2019]
The Selectboard 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.
[Amended 2-16-2021]
Every contract for design services for any building construction,
reconstruction, alteration, remodeling or repair 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 except
if:
[Amended by Ch. 141 of the Acts of 2019, approved 12-12-2019]
The Selectboard or School Committee intending
to contract for design services shall:
A.
Designate the Permanent Building Committee as the
Design Review Committee (DRC) to select finalists for recommendation
to the Selectboard or School Committee.
B.
Prepare or cause to be prepared the following:
(1)
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.
(2)
Specifications of qualifications to the designer,
including but not limited to the following items:
(a)
Architectural or engineering specialty or specialties
desired.
(b)
The extent and nature of experience desired.
(c)
The size of the staff to be available.
(d)
Other consultant services to be provided by
the designer.
(e)
The capability for project supervision and/or
inspection.
(f)
Financial stability and reliability.
(g)
Current workload.
(3)
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.
(4)
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 Selectboard before use.
(5)
A statement of criteria for selection of the designer,
which may include but not be limited to the following:
(a)
Prior experience on similar projects.
(b)
Past performance on public and private projects.
(c)
Financial stability.
(d)
Experience and qualifications of specific participants
and staff to be assigned to the project if the contract were awarded.
(e)
Special knowledge, training or expertise which
may be required or offered.
(f)
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.
(g)
Willingness to inspect the project.
(h)
Workload and date for completion of design.
(i)
Other criteria relevant to the specific project.
(6)
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.
(7)
A statement of procedures to be followed in the screening
of applicants.
(a)
The Selectboard, 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.
(b)
The Selectboard, School Committee and/or the
Permanent Building Committee shall interview the three finalists.
(c)
The Selectboard, 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.
(d)
The Selectboard or the School Committee shall
select the designer to whom a contract will be offered.
A.
The Selectboard 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.
[Amended by Ch. 141 of the Acts of 2019, approved 12-12-2019]
B.
The Selectboard 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.
[Amended by Ch. 141 of the Acts of 2019, approved 12-12-2019]
C.
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.
D.
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.
[Amended by Ch. 141 of the Acts of 2019, approved 12-12-2019]
These rules and regulations may be amended from
time to time at any duly posted meeting of the Selectboard by majority
vote of the Selectboard.[1]
[1]
Editor's Note: Sample application forms, which
immediately followed the end of these rules and regulations, are on
file in the town offices.
