[Adopted 7-31-2012 (Ch. 2, Art. XIX, the 2010 Code)]
These procedures govern the selection of designers for each
City of Taunton ("awarding authority") building project that is subject
to the commonwealth's designer selection law (see MGL c. 7C, § 54).
These procedures are intended to comply with the purpose and intent
of MGL c. 7C, §§ 44 through 58, inclusive. Any other
local law governing the procurement of services will be inapplicable
to these procurements.
For each such project, the Mayor has the authority to conduct
the designer selection process for the awarding authority and make
the selection. The Mayor may delegate any duties described herein
to the extent such delegation is permissible by law.
A.
For each such project, the Mayor shall designate the individual or
group of individuals (hereinafter referred to as "the committee")
who will conduct the designer selection process. The purpose of the
committee is to assist and advise the Mayor in making the selection.
The Mayor shall appoint the Chairperson of the Committee on Public
Property to the committee. The Mayor may appoint himself to the committee.
The Mayor shall notify the Municipal Council in writing of the individual
or individuals so designated.
B.
No member of the committee shall participate in the selection of
a designer for any project if the member, or any of the member's immediate
family:
(1)
Has a direct or indirect financial interest in the award of the design
contract to any applicant;
(2)
Is currently employed by, or is a consultant to or under contract
to, any applicant;
(3)
Is negotiating or has an arrangement concerning future employment
or contracting with any applicant; or
(4)
Has an ownership interest in, or is an officer or director of, any
applicant.
A request for qualifications (RFQ) for each contract subject
to these procedures shall be advertised in a newspaper of general
circulation in the locality of the building project, in the Central
Register published by the Secretary of the commonwealth, and in any
other place required by the Mayor, at least two weeks before the deadline
for filing applications.
A.
The advertisement
shall contain the following information:
(1)
A description of the project, including the specific designer services
sought, the time period within which the project is to be completed,
and, if available, the estimated construction cost.
(2)
If there is a program for the building project, a statement of when
and where the program will be available for inspection by applicants.
(3)
When and where a briefing session (if any) will be held.
(4)
The qualifications required of applicants.
(5)
The categories of designers' consultants, if any, for which applicants
must list names of consultants they may use.
(6)
Whether the fee has been set or will be negotiated; if the fee has
been set, the amount of the fee must be listed in the advertisement.
(7)
When and where the RFQ can be obtained and the applications must
be delivered.
B.
The RFQ
shall include the current "Standard Designer Application Form for
Municipalities and Public Agencies not within DSB Jurisdiction," which
is available for download from the Massachusetts Designer Selection
Board website at Procedures for Municipalities and Public Agencies
not within DSB Jurisdiction. The application form may be amended to
include additional information on a project-specific basis.
The committee shall evaluate applicants based on the following
criteria:
The committee shall select at least three finalists. Finalists
may be required to appear for an interview or provide additional information
to the committee, provided that all finalists are afforded an equal
opportunity to do so. The committee shall rank the finalists in order
of qualification and transmit the list of ranked finalists to the
Mayor. No person or firm, including applicants' listed consultants,
debarred pursuant to MGL c. 149, § 44C, shall be included
as a finalist on the list. The list must be accompanied by a written
explanation of the reasons for selection, including the recorded vote,
if any. The written explanation and recorded vote, if any, shall be
public records and shall be maintained in the contract file.
If the fee was set prior to the selection process, the Mayor
shall select a designer from the list of finalists. If the Mayor selects
a designer other than the one ranked first by the committee, the Mayor
shall file a written justification for the selection with the committee
and maintain a copy in the contract file.
If the fee is to be negotiated, the Mayor shall review the list
of finalists and may exclude any designer from the list if a written
explanation of the exclusion is filed with the committee and maintained
in the contract file. The Mayor shall request a fee proposal from
the first ranked designer remaining on the list and begin contract
negotiations. If the Mayor is unable to negotiate a satisfactory fee
with the first ranked designer, negotiations shall be terminated and
undertaken with the remaining designers, one at a time, in the order
in which they were ranked by the committee until agreement is reached.
In no event may a fee be negotiated which is higher than the maximum
fee set by the Mayor prior to selection of finalists. Nothing herein
should be construed as prohibiting the Mayor from delegating the designer
selection and negotiating functions, subject to final approval by
the Mayor. If the Mayor is unable to negotiate a satisfactory fee
with any of the finalists, the Mayor shall recommend that the committee
select additional finalists.
The awarding authority may allow a designer who conducted a
feasibility study to continue with the design of a project. However,
the awarding authority may commission, at its discretion, an independent
review, by a knowledgeable and competent individual or business doing
such work, of the feasibility of the designer's work to ensure its
reasonableness and its adequacy before allowing the designer to continue
on the project, provided that the awarding authority otherwise complies
with the statutory requirements for selecting a designer under Chapter
7C of the General Laws, including those set forth in MGL c. 7C, § 54.
A.
Every contract for design services shall include the following:
(1)
Certification
that the designer or construction manager has not given, offered,
or agreed to give any person, corporation, or other entity any gift,
contribution, or offer of employment as an inducement for, or in connection
with, the award of the contract for design services;
(2)
Certification
that no consultant to, or subcontractor for, the designer or construction
manager has given, offered, or agreed to give any gift, contribution,
or offer of employment to the designer or construction manager, or
to any other person, corporation, or entity, as an inducement for,
or in connection with, the award to the consultant or subcontractor
of a contract by the designer or construction manager;
(3)
Certification
that no person, corporation, or other entity, other than a bona fide
full-time employee of the designer or construction manager, has been
retained or hired by the designer or construction manager to solicit
for or in any way assist the designer or construction manager in obtaining
the contract for design services upon an agreement or understanding
that such person, corporation, or other entity be paid a fee or other
consideration contingent upon the award of the contract to the designer;
and
(4)
Certification
that the designer has internal accounting controls as required by
MGL c. 30, § 39R(c), and that the designer has filed and
will continue to file an audited financial statement as required by
MGL c. 30, § 39R(d).
B.
All fees shall be stated in design contracts, and in any subsequent
amendments thereto, as a total dollar amount. Contracts may provide
for equitable adjustments in the event of changes in scope or services.
The awarding authority shall not enter into a contract for design
services unless the awarding authority or the designer has obtained
professional liability insurance covering negligent errors, omissions,
and acts of the designer or of any person or business entity for whose
performance the designer is legally liable arising out of the performance
of the contract. The total amount of such insurance shall at a minimum
equal the lesser of 1,000,000 or 10% of the project's estimated cost
of construction, or such larger amounts as the awarding authority
may require, for the applicable period of limitations. A designer
required by the awarding authority to obtain all or a portion of such
insurance coverage at its own expense shall furnish a certificate
or certificates of insurance coverage to the awarding authority prior
to the award of the contract.
Every contract for design services shall include a provision
that the designer or its consultants shall not be compensated for
any services involved in preparing changes that are required for additional
work that should have been anticipated by the designer in the preparation
of the bid documents, as reasonably determined by the individual responsible
for administering the design contract.
In the event of an emergency that precludes the normal use of
these designer selection procedures, the Mayor may elect to authorize
expedited procedures to address the emergency. The Mayor shall document
in writing the reasons for the emergency declaration, the proposed
scope of work, the estimated cost of construction, the established
fee for the needed design services, and any other relevant information.
The Mayor may select three finalists from any standing list of designers
who have applied for projects of a similar nature or may otherwise
select three designers to be considered as finalists for the project.
The Mayor shall rank the finalists in order of qualification and select
the designer for the emergency work.
The awarding authority shall publish the name of any designer
awarded a contract in the Central Register.
The awarding authority shall evaluate designers' performance
on contracts using the Designer Selection Board evaluation form(s)
in accordance with MGL c. 7C, § 48(g), and file completed
evaluations with the Board and the Commonwealth Division of Capital
Asset Management and Maintenance as required by MGL c. 7C, § 48(g).
Nothing in these procedures shall be interpreted to require
the establishment of a board or waive or reduce the requirements of
any other applicable law or regulation.
If applicable, the awarding authority shall take steps to assure
that it complies with all State Office of Minority and Women Business
Assistance requirements.
