Addendum #1. OPM RFQ Questions & Answers. June 2, 2015

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1 Addendum #1 OPM RFQ Questions & Answers June 2, Can you give us a general idea of how big the construction projects under this contract might be? Only one project is known at this point and its estimated construction cost is in the $5 million to $7 million range. It is anticipated that additional projects will be of a comparable magnitude. 2. You are requesting hourly rates to be submitted with all qualifications. Would you like hourly rate sheets to be provided in a separate envelope and submitted with proposals? No. 3. Does MassDevelopment intend to have task orders for under ten days of work per assignment? No. 4. Will MassDevelopment award task orders under this contract on the basis of lowest bid? MassDevelopment will award task orders based on multiple factors potentially including cost. 5. What is the anticipated value of each task order? See response to question 1, above. 6. In what regions of Massachusetts will projects serviced under this contract be located? Potentially all regions of Massachusetts. 7. What is the typical value of mid-sized projects? See response to question 1, above. 8. What does MassDevelopment mean by similar projects? Mid-sized projects in Massachusetts Gateway Cities or comparable municipalities. 9. Under item 6 of the RFQ, Elements of a Proposal, could you please provide the listed: Project Manager Qualification Statement(s), a Certificate of Non-Collusion, and a Certification of Tax Compliance? Please disregard the requirement for Project Manager Qualification Statement(s) as that information will be addressed elsewhere the proposal. Forms for the Certificate of Non-Collusion and Certification of Tax Compliance are included at the end of this document. 10. In the Project Management Services Agreement, Article 4.3 states Monthly Reports. MassDevelopment shall prepare and submit to the Owner. Is this intended to say the OPM shall prepare and submit to MassDevelopment? between MassDevelopment and the OPM will require OPM to prepare and submit to MassDevelopment the Report as described in Article 4.3.

2 11. In the Project Management Services Agreement, Article 4.6 clarify that during construction that the selected GC or CM will be responsible for its own Construction Schedule and that the OPM will extract relevant data to roll into the Master Project Schedule? Yes, during construction. 12. In the Project Management Services Agreement, Article 4.6 clarify that the OPM s ability to make recommendations for eliminating or minimizing such delays and effects thereof is predicated upon the contractual relationship and terms contained in the Agreement between the selected contractor and the MassDevelopment? Acknowledged. 13. In the Project Management Services Agreement, Article 4.8 confirm that when appropriate, s are an acceptable form of written communication between the OPM and the MassDevelopment? Yes. 14. In the Project Management Services Agreement, Article 4.11 clarify that the selected designer shall prepare its design schedule in support of the project Milestones and that the OPM shall report to MassDevelopment on status and progress of said schedule and that the OPM s ability to make recommendations for eliminating or minimizing such delays and effects thereof. is predicated upon the contractual relationship and terms contained in the Agreement between the selected designer/architect and the MassDevelopment? Acknowledged. 15. In the Project Management Services Agreement, Article confirm that the OPM is expected to perform its own complete estimate of the construction costs at each of the Schematic Design, Design development, 50% Construction Documents and 100% Construction Documents Phases? No. OPM s estimate shall be based on available information. 16. In the Project Management Services Agreement, Article 4.19 (and elsewhere) confirm that it is permissible to MassDevelopment for the OPM to utilize sub consultants who may be specialized in the Review and Evaluation of particular disciplines of the design documents and elsewhere when needed in the best interest of the OPM and MassDevelopment? Yes, with MassDevelopment s approval. 17. In the Project Management Services Agreement, Article 4.21 clarify if the Procurement process is typically processed through a particular person/group at MassDevelopment or if it is expected to be wholly hosted and processed by the OPM and Architect? It will be a collaborative process led by MassDevelopment s legal team with the participation of OPM and Architect. 18. In the Project Management Services Agreement, Article 4.21 clarify if MassDevelopment will pursue construction contractors only under Chapter 149 or if they will also pursue, when/if deemed appropriate to pursue construction contractors under Chapter 149A Construction Management at Risk? To be determined. It should be assumed that MassDevelopment may pursue both types of delivery methods under this contract.

3 19. In the Project Management Services Agreement, Please confirm that there are NO Articles 4.13, 4.17, 4.22, 4.24, 4.39, 4.40, 4.41? This numbering will be corrected in the final form. 20. In the Project Management Services Agreement, Article 4.31 clarify that 2 nd sentence should read OPM shall promptly notify MassDevelopment..? between MassDevelopment and the OPM will require OPM to promptly notify MassDevelopment as described in the second sentence of Article In the Project Management Services Agreement, Article 4.31 clarify the 3 rd sentence should read OPM shall take all reasonable steps? between MassDevelopment and the OPM will require OPM to take all reasonable steps and use reasonable efforts as described in the third sentence of Article In the Project Management Services Agreement, Article 4.31 clarify that last sentence should read OPM shall use..? between MassDevelopment and the OPM will require OPM to use reasonable efforts as described in the last sentence of Article In the Project Management Services Agreement, Article 4.32 & Article 4.38 & Article 5.7 clarify if the typical role of the Clerk of the Works is expected to be under the Basic Services of the OPM or Architect? Under the OPM. 24. In the Project Management Services Agreement, Article 4.37 confirm that any such effort negotiated by the OPM under this article are a valid and enforceable only if issued to the contractor via a properly executed change order through the Architect? Yes. 25. In the Project Management Services Agreement, Article 4.43 confirm that the OPM is expected to notify MassDevelopment in writing in advance of the Architect formally issuing certificates? between MassDevelopment and the OPM will require OPM to notify MassDevelopment in writing of the Architect formally issuing certificates as described in Article In the Project Management Services Agreement, Article 7 clarify that 1 st sentence should read that MassDevelopment and OPM have designated..points of contact between MassDevelopment and OPM regarding. And each following instance where MassDevelopment and MassDevelopment should read MassDevelopment and OPM? between MassDevelopment and the OPM will set forth principal points of contact for MassDevelopment and the OPM in a provision similar to Article 7.

4 27. In the Project Management Services Agreement, Article 14 (c) clarify 1 st sentence should read In the event of termination under this Article 14, (not 16 )? Yes.

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6 CORPORATIONS/ LLC s ATTACHMENT A AFFIDAVIT OF BUSINESS AND TAX COMPLIANCE [ ] Massachusetts Business [ ] Foreign Corporation Corporation (non-massachusetts) [ ] Non-Profit Corporation [ ] Limited Liability Company [ ] Foreign LLC I,, President, or I,, Clerk/Secretary/Manager/Member, of whose principal office is located at, do hereby certify that the above named entity is in good standing and has filed with the State Secretary all certificates and annual reports required by G.L. chapter 156C (limited liability company), G.L. chapter 156D, (business corporation), by G.L. chapter 181, (foreign corporation), or by G.L. chapter 180, (non-profit corporation), and is in compliance with all laws of the Commonwealth relating to the payment of taxes, reporting of employees and contractors, and withholding and remitting child support as required by G.L. chapter 62C, section 49A. SIGNED UNDER THE PENALTIES OF PERJURY THIS day of, 20 Entity Name By: Its:

7 UNINCORPORATED ENTITIES [ ] Proprietorship [ ] Partnership ATTACHMENT A AFFIDAVIT OF BUSINESS AND TAX COMPLIANCE I,, of, hereby certify that said has filed with the Office of Clerk in the appropriate city or town in the Commonwealth all certificates and paid the proper fees required by G.L. chapter 110, section 5 and is in compliance with all laws of the Commonwealth relating to the payment of taxes, reporting of employees and contractors, and withholding and remitting child support as required by G.L. chapter 62C, section 49A. SIGNED UNDER THE PENALTIES OF PERJURY THIS DAY OF, 20 Entity Name By: Title:

8 ATTACHMENT A AFFIDAVIT OF BUSINESS AND TAX COMPLIANCE INDIVIDUALS I,, hereby certify that I have complied with all laws of the Commonwealth relating to the payment of taxes, reporting of employees and contractors and withholding and remitting child support as required by G.L. chapter 62C, section 49A. Signed under the pains and penalties of perjury the day of, 20.