The Massachusetts School Building Authority (MSBA) has completed a revision of its previously posted, standard contract for Owner’s Project Management services. With this revision, the MSBA is introducing a new Base OPM Contract that includes the services required for the feasibility study and schematic design phases of proposed school construction projects. During this phase, the District and its consultants are expected to, among other things, explore the relative opportunities and benefits of the design-bid-build (DBB) and CM at Risk construction delivery methodologies for their Proposed Project. As explained in more detail below, the MSBA has also developed two, separate amendments to the Base OPM Contract that contain tasks that are particular to either the DBB or CM at Risk methodologies for later phases of the Proposed Project.
The Base OPM Contract replaces the standard Owner’s Project Manager contract previously posted on the MSBA website. For Districts that are commencing or in the process of developing a request for services (RFS) for Owner’s Project Management services during the feasibility study and schematic design phases of the Proposed Project, please utilize the new Base OPM Contract which covers Owner’s Project Management services during the feasibility study and schematic design phases, as required in the tasks associated with these phases under Articles 8.1 and 8.2. Also, please see page one, Attachment A and Attachment B of the Base OPM Contract in Word format.
Upon conclusion of the schematic design phase, the district may be eligible for approval of a Project Scope and Budget Agreement. As noted in the RFS advertised by the District, the contract between the Owner and the Owner’s Project Manager may be amended to include continued Owner’s Project Management services through design development, construction documents, bid and award, construction and final closeout of the Proposed Project, subject to the approval of the Project by the MSBA’s board of directors and further subject to continued funding authorized by the District. Once the District has duly appropriated funds for the total amount of a Project approved by the MSBA board of directors, the District will need to execute an amendment to its Base OPM Contract to include services for the design development, construction documents, bidding, construction, and closeout phases of the project.
- If the District elects to proceed under the traditional DBB construction delivery method, the amendment to the Owner’s Project Manager base contract will include the MSBA’s Base OPM Contract Amendment for DBB with supplemental Owner’s Project Manager tasks under Article 8.1 and additional Owner’s Project Manager tasks under Articles 8.3 through 8.8.
- If the District elects to proceed under the CM at Risk construction delivery method, the amendment to the Owner’s Project Manager base contract will include the MSBA’s Base OPM Contract Amendment for CM at Risk with supplemental Owner’s Project Manager tasks under Article 8.1 and additional Owner’s Project Manager tasks under Articles 8.3 through 8.8.
Unless otherwise directed by the MSBA, both the Base OPM Contract Amendment for DBB and the Base OPM Contract Amendment for CM at Risk, as well as the Base OPM Contract itself, should be included with the RFS so that the Owner’s Project Manager fully understands the required scope of services for both methodologies before submitting a proposal to the District.
If a District has already fully executed the previously posted contract with an Owner’s Project Manager, the MSBA is not presently requiring the District to execute the new Base OPM Contract unless the district proceeds to procure new Owner’s Project Management services for the Proposed Project.