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A communication transmitted from Yi-An Huang, City Manager, relative to a request for approval to seek authorization from the Massachusetts Office of the Inspector General (the “IG”) for the City to use the Construction Manager at Risk (“CMaR”) procurement and construction method (the “CMaR Method”) in connection with Renovation of City Offices at 689 Massachusetts Avenue project

CMA 2023 #43·Council meeting Feb 13, 2023·12 pages·📄 Original PDF (city portal)
Attachment A Response to Part IlI Awarding Authority Capacity Information Response to item 11 The City Manager’s Office is the Executive Department of the City of Cambridge. As the City’s Chief Executive Officer, the City Manager provides leadership to and administration of all departments and services. The City Manager is responsible for the enforcement of all laws and City ordinances; appointment of department heads; appointment of members to the numerous City boards and commissions; and submission of the annual budget to the City Council. In addition, the City Manager and his staff recommend policies and programs to the City Council and implement Council decisions. Below is a description of all of those who will be involved followed by an organizational chart: City of Cambridge - City Council • Will authorize the City Manger to apply to the Office of Inspector General to use the Construction Manager at Risk process as defined by M.G.L. c. 149A • Approves Project Funding City Manager – Yi-An Huang • Signs all contracts, change orders, and authorizes all payments for the project Deputy City Manager – Owen O’Riordan • The Deputy City Manager is responsible for all Capital Projects • The Deputy City Manager is the Chair of the Selection Committee for the Construction Manager • The Deputy City Manager meets weekly with the OPM to review all aspects of the Project Purchasing Agent – Elizabeth Unger • The Purchasing Agent implements and administers the purchasing policies and practices of the City. The Purchasing Department ensures that all purchases of goods and services are made in accordance with state law and city ordinance. Finance Department David Kale - Assistant City Manager of Fiscal Affairs and Public Investments • Assistant City Manager of Fiscal Affairs and Public Investments assists the Deputy City Manager in overseeing all Capital Projects • Assistant City Manager of Fiscal Affairs and Public Investments meets weekly with the OPM and Deputy City Manager to review all aspects of the Project Michele Kincaid – Assistant Finance Director & Taha Jennings – Budget Director
The Finance department, under the direction of the Assistant City Manager of Fiscal Affairs and Public Investments is responsible for Planning, implementation, oversight, integrity, and reporting of the City’s operating and capital finances. The Finance and Budget departments work closely with the City Manager’s office and the OPM to maintain cost control though out the project starting with the development of the project budget. Owners Project Manager – Brendon Roy • The OPM is an employee of the City of Cambridge and is an MCPPO certified OPM • Reports to the City Manager, Deputy City Manager and Assistant City Manager of Fiscal Affairs and Public Investments • Assists the Deputy City Manager as a member of the Selection Committee for the Construction Manager • Managers all daily aspects of the project with the School Department, Architect, Construction Manager, Commissioning Agent, Licensed Site Professional (LSP), Geotechnical Engineer, Industrial Hygienist and Testing Agency • Recommends project cost changes to the City Manager for approval • Recommends approval of all payments for the Architect and Construction Manager to the City Manager • Negotiates Design and Construction Change Orders on the City’s behalf • Monitors Project Budget Design and Construction Consultant – Michael J. Black • The Consultant is a retired employee of the City of Cambridge, was the former OPM for the City of Cambridge and is an MCPPO certified OPM • Reports to the OPM • Assists the OPM with review of submittals to select the Construction Manager at Risk • Assists and recommends project cost changes to the OPM for approval Assistant Commissioner for Architectural Services – Nicholas Stoutt • The Assistant Commissioner is an employee of the City of Cambridge and is an MCPPO certified OPM • Reports to the City Manager, Deputy City Manager and Chief Operating Officer, and Commissioner of Public Works • Reviews and advises OPM on project cost changes • Recommends approval of all payments for the Architect and Construction Manager to OPM and the City Manager • Advises OPM on Design and Construction Change Orders on the City’s behalf • Monitors Project Budget Assistant Construction Project Manager – Robert Garner • The ACPM is an employee of the City of Cambridge and is MCPPO certified • Reports to the OPM • Attends weekly construction meetings • Assists with coordinating consultant services • Maintains project records • Reviews contractor payment requisitions • Assists with onsite job inspection and quality control oversight • Assists in the change order process • Assists in evaluating and resolving claims and disputes
• Assists with punch list inspections for occupancy and final completion documentation Assistant Construction Project Manager – John P Logiudice • The ACPM is an employee of the City of Cambridge • Reports to the OPM • Attends weekly construction meetings • Assists with coordinating consultant services • Maintains project records • Reviews contractor payment requisitions • Assists with onsite job inspection and quality control oversight • Assists in the change order process • Assists in evaluating and resolving claims and disputes • Assists with punch list inspections for occupancy and final completion documentation Architect – Cambridge Seven Associates, Stefanie Greenfield, AIA Principal • Reports to the OPM • Is a member of the Selection Committee for the Construction Manager at risk • Assists the Purchasing Department and the OPM with the RFP for the Construction Manager • Is responsible for the preparation of the design drawings and specifications and coordinating all aspects of the basic design services and their additional services consultants • Coordinates with the Construction Manager starting with pre-construction services • Coordinates with the Commissioning Agent, LSP and Geotechnical Engineer • Provides Construction Administrative services • Certifies monthly requisitions from the Construction Manager • Provides affidavits for Substantial and Final Completion Commissioning Services – TBD • Reports to the OPM • Responsible for preparation of the Commissioning specifications for the Architect • Responsible for Commissioning of various building systems CM Selection Committee • Owen O’Riordan – Deputy City Manager - Chair • Elizabeth Unger – Purchasing Agent – Co-Chair • David Kale - Assistant City Manager of Fiscal Affairs and Public Investments • Owners Project Manager – Brendon Roy • Construction Consultant – Michael J. Black • Architect – Stefanie Greenfield • Other TBD Trade Contractor prequalification Committee • Purchasing Agent – Elizabeth Unger – Chair • David Kale - Assistant City Manager of Fiscal Affairs and Public Investments • Owners Project Manager – Brendon Roy • Architect – Stefanie Greenfield • Construction Manager at risk (TBD)
See organizational Chart next page
City of Cambridge City Council Owner’s Project Manager Brendon Roy Architect C7A Construction Manager TBD Commissioning Agent TBD Purchasing Agent Elizabeth Unger Finance Department David Kale Taha Jennings Michele Kincaid City Manager Yi-An Huang Deputy City Manager Owen O’Riordan DPW Assistant Commissioner Nicholas Stoutt
Response to item 12 Item a: City Manager – Yi-An Huang, yhuang@cambridgema.gov Deputy City Manager - Owen O’Riordan ooriordan@cambridgema.gov Purchasing Agent – Elizabeth Unger, eunger@cambridgema.gov Assistant City Manager for Fiscal Affairs & Public Investments – David Kale, Dkale@cambridgema.gov In the past 17 years the following projects were designed and constructed under M.G.L. c. 149 requirements: • The Cambridge Public Library • The Robert W. Healy Public Safety Facility • The Cambridge War Memorial Building • The West Cambridge Youth and Community Center/VFW • The Cambridge Rindge and Latin School Project • Multi-Departmental Relocation Plan o Phase 1 – 859 Massachusetts Avenue The total project costs for these M.G.L. c. 149 completed projects exceed $315M Projects the City of Cambridge was authorized by the OIG to renovate or construct using M.G.L. c. 149A Construction Management at Risk (CMaR) delivery method: • The Foundry o This project has an estimated total project cost of $46M, final total project costs are being evaluated but is below budget. • 5 Western Avenue (former City of Cambridge Police Station) o This project has an estimated total project cost of $23M, final total project costs cost came in below budget by $1.6M. • Dr. Martin Luther King Jr./Putnam Avenue Upper School o This project has an estimated total project cost of $95.5M, final total project costs cost came in below budget by $1.2M. • King Open/Cambridge Street Upper Schools & Community Complex o This project has an estimated total project cost of $159.1M. This project was substantially complete in fall of 2019 and was under budget by over $2M. • Tobin Montessori & Vassal Lane Upper Schools – presently under construction occupancy 2025. o This project has an estimated total project cost of $319M, presently this project is tracking on budget. • City of Cambridge Fire Department Headquarters – Presently in the Construction Documents phase, a guaranteed Maximum Price is expected in July 2023 The total project costs for the M.G.L. c 149 and 149A completed and under construction projects exceed $957 million dollars.
Item B: Owners Project Manager, MCPPO certified – Brendon M. Roy, broy@cambridgema.gov Mr. Roy has 13 years of direct relevant experience working for the City of Cambridge in the positions of Project Manager and Owners Project Manager. Mr. Roy has been a Certified MCPPO Owners Project Manager for the past 9 years. Projects involved with the City of Cambridge since 2010: o The Cambridge Rindge and Latin School Project o Alice K. Wolf Center 5 Western Avenue - MGL 149A o Dr. Martin Luther King School -Putnam Ave Upper School - MGL 149A o King Open and Cambridge Street Upper School & Community Center - MGL 149A o Phase 1 - Multi-Department Relocation Plan Phase 1 – 859 Massachusetts Ave o Phase 2 - Multi-Department Relocation Plan Phase 2 – City Hall Upgrade - MGL 149A o Foundry Project – 101 Rogers Street - MGL 149A o Tobin School and Vassal Lane Upper School - MGL 149A o City of Cambridge Fire Department Headquarters – MGL 149A Since 2018 he has been directly responsible for managing as the Owners Project Manager for these projects: o Phase 1 - Multi-Department Relocation Plan Phase 1 – 859 Massachusetts Ave o Phase 2 - Multi-Department Relocation Plan Phase 2 – City Hall Upgrade - MGL 149A o Foundry Project – 101 Rogers Street - MGL 149A o Tobin School and Vassal Lane Upper School - MGL 149A o City of Cambridge Fire Department Headquarters – MGL 149A Mr. Roy and his staff of 7 Field Engineers and Assistant Project Managers have successfully supervised multiple scopes of work with designers, consultants and contractors. His expertise in M.G.L 149 and 149A projects has helped save the City of Cambridge millions of dollars on the projects in which he has been involved. Current assignments also include the Renovations for 689 Massachusetts Avenue Project which is the project the City is applying for in this application to use the Chap M.G.L. c 149A CMaR delivery method. Other projects presently assigned to Mr. Roy in various stages of design and construction include City of Cambridge Fire Department Headquarters, the Danehy Park Pavilion and the Tobin School Project. Mr. Roy has 13 years of experience working in the City of Cambridge as a key member of the City Manager’s staff. The total project costs for the Chap 149 completed projects exceeds $315 million dollars, the M.G.L. c 149A total project costs for completed, and presently under construction projects exceeds $637M in total project costs. Construction Consultant, MCPPO certified – Michael J. Black, mblack@cambridgema.gov Recent projects completed or involved with as OPM for the City of Cambridge:
• The Robert W. Healy Public Safety Facility • The West Cambridge Youth and Community Center/VFW • The Cambridge Rindge and Latin School Project • Alice K. Wolf Center 5 Western Avenue - MGL 149A • Dr. Martin Luther King School -Putnam Ave Upper School - MGL 149A • King Open and Cambridge Street Upper School & Community Center - MGL 149A • Phase 1 - Multi-Department Relocation Plan Phase 1 – 859 Massachusetts Ave • Phase 2 - Multi-Department Relocation Plan Phase 2 – City Hall Upgrade - MGL 149A • Foundry Project – 101 Rogers Street - MGL 149A • Tobin School and Vassal Lane Upper School l - MGL 149A • Fire Department Headquarters - MGL 149A Mr. Black has 48 years of experience in the field of engineering and construction. Relevant experience with construction management includes 4 years with a DCAMM certified general contractor in the position of Vice President of Operations, where his primary business was constructing schools. Many years self employed as a consultant to the design and construction industry including 17 years with United Engineers and Constructors, an EPC company (Engineer, Procure, Construct). Semi-retired in 2018 after 13 years as the City of Cambridge Owners Project Manager. Current assignments also include the Renovation of City Offices at 689 Massachusetts Avenue which is the project the City is applying for in this application to use the M.G.L. c 149A CMaR delivery method. Other projects presently assigned to Mr. Black in various stages of design and construction include Fire Department Headquarters , and the Tobin School Project. The Tobin School Project using the M.G.L. c 149A CMaR delivery method. Assistant Construction project Manager, MCPPO certified – Robert Garner, rgarner@cambridgema.gov Recent projects completed as ACPM for the City of Cambridge: o King Open and Cambridge Street Upper School & Community Center - MGL 149A o Foundry Project – 101 Rogers Street - MGL 149A Mr. Garner has 4 years of direct relevant experience working for the City of Cambridge in the position of Assistant Construction Project Manager. Mr. Garner has been a Certified MCPPO Owners Project Manager for the past 3 years. Mr. Garner has 39 years in the field of engineering and construction. Assistant Construction project Manager, – John P. Logiudice, jlogiudice@cambridgema.gov Recent projects completed for the City of Cambridge: o Multi department Relocation Plan Phase 1 Woman’s Shelter 859 Mass Ave. - MGL 149 o King Open and Cambridge Street Upper School & Community Center - MGL 149A o Multi Department Relocation Plan Phase 2 City Hall Historical Interior Renovation- MGL 149A Mr. Logiudice has 6 years of direct relevant experience working for the City of Cambridge in the position of Assistant Construction Project Manager. Mr. Logiudice has 22 years in the field of construction supervision/project management
Item C: Architect – Cambridge Seven Associates, Stefanie Greenfield, AIA, Principal [email removed] Office Location: 1050 Massachusetts Avenue, Cambridge, MA 02139 Relevant Experience 149A • Foundry Building, Cambridge MA • Westfield State University Dining Commons Expansion • UMass Lowell Health and Social Sciences Building • Westfield State University, Dr. Nettie M.Stevens Science and Innovation Center • UMass Boston Energy Producing Facility • UMass Lowell Pulichino Tong Business Center Response to item 13 Designer Services Scope of work between the City of Cambridge and Cambridge Seven Associates is attached to this section. Cambridge Seven Associates is presently under contract for the entirety of the construction project including feasibility study, construction documents and construction administration. Cambridge Seven Associates contract for designer services shall include their required participation with the Selection Committee for the CM at risk and the Trade Contractor prequalification Committee. See attachment, Designer’s Contract. The OPM is an employee of the City of Cambridge. Refer to Response to Item 12 part B for the response to the request for information regarding the OPM. IV. Awarding Authority Plans and Procedures Response to item 14a: The City of Cambridge believes that they do have the necessary experience to manage the process of the OIG’s requirements to procure CM at risk services for the Renovation of City Offices at 689 Massachusetts Avenue per M.G.L. c. 149A delivery method. The City of Cambridge’s Office of the City Manager, Procurement Department, and Owners Project Manager have worked together successfully with M.G.L. c. 149 and M.G.L. c. 149A processes and have completed or are in the process of completing the following projects: • The Cambridge Public Library • The Robert W. Healy Public Safety Facility • The Cambridge War Memorial Building • The West Cambridge Youth and Community Center/VFW
• The Cambridge Rindge and Latin School Project • Alice K. Wolf Center 5 Western Avenue - MGL 149A • Dr. Martin Luther King School -Putnam Ave Upper School - MGL 149A • King Open and Cambridge Street Upper School & Community Center - MGL 149A • Phase 1 - Multi-Department Relocation Plan Phase 1 – 859 Massachusetts Ave • Phase 2 - Multi-Department Relocation Plan Phase 2 – City Hall Upgrade - MGL 149A • Foundry Project – 101 Rogers Street - MGL 149A • Tobin School and Vassal Lane Upper School - MGL 149A • Fire Department Headquarters- MGL 149A The OPM works closely with the Purchasing Department in preparing the Request for Qualifications (RFQ) for qualified Construction Management firms. The RFQ, which is posted on the City of Cambridge Procurement web page, also in local newspaper and trade publications including the Central Register. This project’s construction costs are fully funded by the City of Cambridge. The City of Cambridge has acquired architectural and engineering consulting services through the public procurement process to assist in the process to evaluate and engage a Construction Manager at Risk for this project. After the City of Cambridge receives notice from the OIG to commence with soliciting CMaR services the selection committee shall meet and define the following: • Prepare and advertise the RFQ for CMaR services following the procedures as set forth in M.G.L. c 149A • The Selection Committee receives and evaluates the statement of qualifications and pre- qualify a minimum of 3 firms • The Selection Committee shall prepare the RFP and distribute to the CM at Risk Firms • The Selection Committee shall receive, Interview, evaluate and rank the CM at risk proposals • The Selection Committee shall negotiate non-fee contract terms with the selected CM at risk firm The City of Cambridge Purchasing Department shall be issuing all official notifications to solicit the RFQ and RFP documents. The City of Cambridge Purchasing Department shall be the point of contact for all correspondence during the Selection process to ensure fairness in competition. The City of Cambridge Purchasing Department shall evaluate all of the RFQ’s and the reporting of the Selection Committee results. Response to item 14b: The City of Cambridge understands that M.G.L. c. 149A requires that design documents be at a minimum of 60% complete when establishing the GMP. The goal is to have the documents as close to 100% as the schedule will allow keeping the unknowns or speculation of costs to a minimum. Having the CM at risk under contract during the Design Development phase will also enhance the overall cohesiveness of the team. The GMP shall also include the following: • At the completion of the Design Development and Construction Documents estimates shall be performed by the Architect and the Construction Manager. The CM at Risk shall perform final estimate at 95% of the Construction Document design Phase. The CM at Risk shall prepare a detailed cost estimate with all line-item including quantity and unit costs for all items. The Architect shall be required to engage a cost estimator through the Design
Development Phase and reconcile differences with the CM at Risk. The final GMP is established after all qualified trade bidders are under contract. • Dollar values for the CM at risk firm’s contingency • Dollar amounts for the CM at risk firm’s general conditions and fees, including those for the pre-GMP work • A listing of all design documents for which the GMP bid is based • A list of Allowances, Alternates, and unit prices • Any clarifications or assumptions for which the GMP is based • The dates of substantial and final completion Response to item 14c: The City of Cambridge Purchasing Department shall be issuing all official notifications to solicit the pre - qualifications for the trade contractors. The City of Cambridge Purchasing Department shall be the point of contact for all correspondence during the selection process to ensure fairness in competition and evaluation of the trade Contractor pre - qualification submittals and reporting the trade Contractor prequalification Committee results. The Trade Contractor pre-qualification committee members are listed above in “Attachment A” of this Application. The City of Cambridge shall award the trade bids to the lowest responsive and responsible pre-qualified sub trade bidder. Response to item 14d: The City of Cambridge shall work closely with the selected CM at risk to identify nontrade subcontractors to bid on the project. The City of Cambridge Purchasing Department shall be informed of all sub bidders notified and shall keep and updated tabulation of all bidders. The City of Cambridge Purchasing Department shall work closely with the OPM and the CM at Risk contractor during the bidding process to ensure fairness in competition and shall coordinate with the Director of Equity & Inclusion to ensure that all bidders are aware of the City of Cambridge Ordinances and that all are properly addressed during the bidding process. Response to item 14e: The City of Cambridge Selection Committee shall meet regularly during the CM at risk procurement process to review, discuss and score all RFQ/RFP proposals. The Selection Committee shall make a recommendation to the City Manager who will make the final selection decision. After the CM at risk is selected, the team of the OPM, Architect and the CM at risk shall meet regularly to review Trade Contractor submissions with the Trade Contractor prequalification Committee. During the design, and through all construction phases, the team including the OPM, Architect and the CM at risk shall meet weekly to review status of shop drawing submittals, testing requirements, design changes, schedule, payments and coordination of the construction activities with the City of Cambridge Inspectional Services Department to assure compliance with the construction documents.
In addition to the team weekly meeting, the OPM meets weekly with the Assistant City Manager to keep the City Manager apprised of all developments relating to the weekly progress of the design and construction activities. Response to item 14f: The OPM is required to review and recommend payment of invoices to the City Manager for approval. The City of Cambridge Finance Department receives the approved invoices signed by the OPM and the City Manager for payment. The OPM tracks and maintains the project budget and reconciles all account activity on a regular basis with the Finance Department which is responsible for the official tracking of all project costs with the Audit Department.