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HomeMy WebLinkAbout2025-05-28 Permanent Building Committee Packet Town of Reading Meeting Posting with Agenda This Agenda has been prepared in advance and represents a listing of topics that the chair reasonably anticipates will be discussed at the meeting. However the agenda does not necessarily include all matters which may be taken up at this meeting. Page | 1 2018-07-16 LAG Board - Committee - Commission - Council: Permanent Building Committee Date: 2025-05-28 Time: 6:00 PM Building: Pleasant Street Senior Center Location: Great Room Address: 49 Pleasant Street Agenda: Purpose: Permanent Building Committee Meeting for ReCAL Meeting Called By: Genevieve Wood on Behalf of Patrick Tompkins Notices and agendas are to be posted 48 hours in advance of the meetings excluding Saturdays, Sundays and Legal Holidays. Please keep in mind the Town Clerk’s hours of operation and make necessary arrangements to be sure your posting is made in an adequate amount of time. A listing of topics that the chair reasonably anticipates will be discussed at the meeting must be on the agenda. All Meeting Postings must be submitted in typed format; handwritten notices will not be accepted. Topics of Discussion:  Call to Order  Public Comment  Approval of Minutes (vote)  Invoice Approvals (vote)  Budget Review  Contract Amendments for BH+A & TTH (discussion and vote)  Secretary (discussion and vote)  Set future meeting schedule  Adjournment Community Services Department is inviting you to a scheduled Zoom meeting. Join Zoom Meeting https://us06web.zoom.us/j/81273458822?pwd=yVlM4wqgm4QCqbppHCbrzOAEAqDFJo.1 Meeting ID: 812 7345 8822 Passcode: 142863 --- One tap mobile +16465189805,,81273458822#,,,,*142863# US (New York) +16465588656,,81273458822#,,,,*142863# US (New York) --- Town of Reading Meeting Posting with Agenda This Agenda has been prepared in advance and represents a listing of topics that the chair reasonably anticipates will be discussed at the meeting. However the agenda does not necessarily include all matters which may be taken up at this meeting. Page | 2 Dial by your location • +1 646 518 9805 US (New York) • +1 646 558 8656 US (New York) Meeting ID: 812 7345 8822 Passcode: 142863 Find your local number: https://us06web.zoom.us/u/kbKMJIlKfJ www.turnerandtownsend.com Page | 1 of 5 www.heery.com Approved at 02/11/2025 PBC Meeting Project: Reading Center for Active Living Project No: TTH# HII-2408100 Meeting No: PBC – ReCAL 11 Location: Zoom/Pleasant Street Center (Hybrid) Date: 2025-04-14 @ 5:15PM Recorded By: B. Hromadka Purpose: Reading Center for Active Living File: 2408100 – A02-00 Attachments: Role Call Sheet. Meeting Packet Abbreviations: BH+A - Bargmann Hendrie + Archetype, Inc. COA – Council on Aging OPM – Owner’s Project Manager PBC – Permanent Building Committee ReCAL – Reading Center for Active Learning RDTC – Reading Daily Times Chronicle RCTV - Reading Community Television SBC – Killam School Building Committee SD – Schematic Design TOR – Town of Reading TTH - Turner & Townsend Heery M E E T I N G M I N U T E S # 1 1 Attendees Initials Present Title Role Email Tel. Patrick Tompkins PT ☒ Chair, PBC, TOR ptompkins@ctaconstruction.com (781) 942-9043 Nancy Twomey NT ☒ Vice Chair, PBC, TOR nj2me@comcast.net (781) 942-9043 John Coote JC ☒ Member, PBC, TOR jas.coote@verizon.net (781) 942-9043 Gregory Stepler GS ☒ Member, PBC, TOR gregory_stepler@yahoo.com (781) 942-9043 Kirk McCormick KM ☒ Member, PBC, TOR kirk.mccormick@hotmail.com (781) 942-9043 Nancy Ziemlak NZ ☒ Member, PBC -ReCAL, COA, TOR njziemlak@gmail.com (781) 942-9043 Mark Dockser MD ☐ Mmber, PBC -ReCAL, Select Board, TOR mark.dockser@ci.reading.ma.us (781) 942-9043 Michael Nazzaro MN ☒ Associate, PBC, TOR mpnazzaro@verizon.net (781) 942-9043 Ari Greenberg AG ☒ Associate, PBC, TOR arisgreenberg@gmail.com (781) 942-9043 Add. Attendees Initials Present Company (Role) Email Tel. Matt Kraunelis MK ☐ Town Manager, TOR mkraunelis@readingma.gov (781) 942-9043 Jayne Wellman JW ☒ Asst. Town Manager, TOR jwellman@readingma.gov (781) 942-6637 Jenna Wood JWD ☒ Community Services Director, TOR jwood@readingma.gov (781) 942-6672 Joe Huggins JH ☒ Director of Facilities, TOR jhuggins@readingma.gov (781) 670-2824 Add. Attendees Initials Present Company (Role) Email Tel. www.turnerandtownsend.com Page | 2 of 5 www.heery.com Kevin Cabuzzi KC ☐ Assistant Director of Facilities, TOR kcabuzzi@ci.reading.ma.us (781) 942-5492 Katie Gabriello KG ☐ Director of Operations, TOR kgabriello@readingma.gov (781) 942-6696 Joshua Delaune JD ☒ Executive Assistant jdelaune@readingma.gov (781) 942-6636 Chris Kowaleski CK ☒ Elder and Human Services Administrator ckowaleski@readingma.gov (781) 942-6796 Marilyn Shapleigh MS ☐ Reading Council on Aging shapleigh.marilyn@gmail.com (781) 942-6794 Brian Hromadka BH ☐ Turner & Townsend Heery (OPM) brian.hromadka@turntown.com (978) 572-6509 Chuck Adam CA ☐ Turner & Townsend Heery (OPM) chuck.adam@turntown.com (978) 500-5435 Peter Collins PC ☐ Turner & Townsend Heery (OPM) peter.collins@turntown.com (617) 823-3265 Joel Bargmann JB ☐ Bargmann Hendrie + Archetype, Inc. jbargmann@bhplus.com (617) 350-0450 Dan Chen DC ☐ Bargmann Hendrie + Archetype, Inc. dchen@bhplus.com (617) 350-0450 Carla Nazzaro CN ☐ Chair, Killam School Building Committee carla.nazzaro@reading.k12.ma.us Bob Holmes BHM ☐ News Editor, RDTC, RCTV Add. Distribution Initials Present Title Role Email Tel. OLD BUSINESS Mtg – Item Assignment Due Date Status 05-07 COMMUNICATIONS UPDATE KG presented an update on the accomplishments of the communications working group which included updates to the project website, an FAQ section which responds to incoming emails from the website and is managed by town staff, and all ongoing outreach through newsletters and social media. A 2nd public forum is scheduled for 01/28 at the Pleasant Street Center and will cover facility usage, building design and comparable cost data. A new video is also being created with additional project updates and a suggestion box is being installed for those who don’t use email. JW noted that a lunch and learn is also being planned for the ReCAL project for the general public. 01/21/25: JD presented an update on the activities of the communications working group. Two suggestion boxes were purchased and will be located at town hall and the pleasant street center. The website was updated with the latest renderings. Social media posts were made for the upcoming public forum. A lunch and learn was also scheduled for 01/30 to enable people to get the same information during the day. The public forum agenda was reviewed. The group sent materials for the 2nd video creation and is waiting on the script to review. 01/28/25: Suggestion boxes have been installed. Waiting video script. 02/03/25: No communications update. Waiting on video script. Closed www.turnerandtownsend.com Page | 3 of 5 www.heery.com OLD BUSINESS Mtg – Item Assignment Due Date Status 02/11/25: KG noted that the website has been updated with new FAQ sections. The next public forums are scheduled for 03/25 @ 6:30pm at the Pleasant Street Center and 03/27 @ 10am at Town Hall. Both forums will cover the same information and will be broadcasted on RCTV. The video is still in progress and expected to be complete this month. Another one is targeted for March. Suggestion boxes are in place. KG noted that they are working with the office of campaign finance to ensure all applicable rules are followed regarding communications. JC confirmed that the finance committee will be invited to the next public forum. MS asked if a resident mailing will be going out. BH noted that this was planned and that a mailing would be prepared for both projects and their tax impacts. KG also pointed out that tax information will also be available on the website. MD noted that private groups have greater flexibility with than public groups with regards to communications. An insert in the water bill will be included. 03/17/25: KG noted the latest updates from the communications working group. Video #2 is expected by the end of the week. Video #3 is also being worked on. An additional video is being developed that will feature ReCAL and Killam. A tax calculator is also being developed and is expected to be ready by next week. JC questioned how the tax calculator will represent the project costs. The calculator will include all additive and deductive debt exclusion changes as well as detailed explanations of tax impacts and links to project information and tax assistance. Tax impacts will happen gradually as project funds are needed. The calculator will not include operational tax impacts. The next public forum will have project overview and financial information and will be presented by various town and committee staff. BH asked about feedback received by the public. KG noted that feedback is received through the suggestion box and via emails . The questions are being answered on the FAQ section of the project website. 04/14/25: JW noted that the communications WG has been updating the website, including the FAQ section, launching the tax calculator and sending out emails and social media posts about the project. A one-page fact sheet is being created and a public forum is scheduled for 7pm on 04/16 which will be held remotely with the Killam project team. Many Town Meeting members attended the last forum. A second video was created by Dave Kartunen. A third video will only be completed if Dave can issue it right away as otherwise the expense will not be worth it. NEW BUSINESS Mtg – Item Assignment Due Date Status 11-01 CALL TO ORDER Closed www.turnerandtownsend.com Page | 4 of 5 www.heery.com NEW BUSINESS Mtg – Item Assignment Due Date Status The meeting was called to order by PT at 5:15pm 11-02 ROLE CALL Role call was taken by PT. Refer to attached Role Call Sheet. Closed 11-03 PUBLIC COMMENT There were no public comments made. Closed 11-04 APPROVAL OF MINUTES A motion was made by NT, seconded by GS to approve the meeting minutes dated 03/17/25. The motion passed unanimously. Roll Call Vote - See attached Roll Call sheet. Closed 11-05 INVOICE APPROVALS AND BUDGET UPDATE BH presented the current project invoices and an update on the expenses incurred to date relative to the active project contracts. The Project continues to track with the budget. A motion was made by NT, seconded GS to approve BH+A Invoice 27392 in the amount of $8,000 and TTH invoice PJIN0043251 in the amount of $11,130.00. The motion passed unanimously. Roll Call Vote - See attached Roll Call sheet Closed 11-06 SCHEDULE UPDATE BH noted the updates to the project schedule highlighting the upcoming public forum (4/16), town meeting (5/01) and town vote (5/13). BH also noted that the dates for getting the survey filed and establishing the Right of Way for Range Road were being finalized. (dates on schedule are not final). The next PBC meetings will be held on 05/20 (5/15 Agenda Planning Mtg). Closed 11-07 SUSTAINABILITY/STAKEHOLDER/DESIGN UPDATE JC asked whether BH+A will be providing additional responses to the SD design comments. BH indicated that the previous responses were comprehensive, but that he would circle back with BH+A on any open items. JWW noted that the operational program was nearly complete. JWW will circulate the draft to the PBC. JWW noted that a significant amount of programming information was communicated at the 2nd public forum. JWW will direct JC to that presentation. Anticipated operational costs will be finalized and coordinated with Sharon Angstrom before Town Meeting. BH that communications with RMLD are in progress concerning solar, energy grants and back-up power. BH+A provided initial information to RMLD. RMLD will be supplying direction based on the current design. NZ noted that the COA is requesting a divider in the program room adjacent to the lounge. The design implications and cost impacts were discussed. The PBC is open to this alteration if sufficient funds are available. The location of the fitness room was also discussed relative to structural and sound impacts. BH will reach out to BH+A about these items. Following the discussion from the previous meeting, the PBC decided to include a diesel generator in place of a propane generator due to cost savings and operational efficiency. NT made a motion which was JWW, BH 04/16 Open www.turnerandtownsend.com Page | 5 of 5 www.heery.com Next Meeting: May 20th (Hybrid) anticipated to be held at Town Hall END OF MINUTES. The above summarizes Turner & Townsend Heery’s interpretation of items discussed, and decisions reached during this meeting. Additions or corrections must be submitted in writing to the author within three days of receipt; otherwise, the minutes will stand as written. NEW BUSINESS Mtg – Item Assignment Due Date Status seconded by GS. The motion passed unanimously. Roll Call Vote - See attached Roll Call sheet. BH will notify BH+A of the change. JC presented the idea of a “Man Shed” that could provide good community connections in Reading. JC will forward additional information. 11-08 ADJOURNMENT A motion to adjourn was made by NT and seconded by GS. A role call vote was taken. The meeting adjourned at 6:07 pm. Closed abc d e fgh ijNo.Cost CategoryBase Contract Descriptions Budget Committed Funds Un-Committed Budget(d-e) Approved Invoices To Date Remaining Balance of Committed Funds Comments 1100-000Administration2100-100 Legal / Recording Fees5,000.00$ -$ 5,000.00$ -$ -$ 3 -$ 4 -$ 5-$ 67100-200 Advertising / Bid Hosting / Printing10,000.00$ -$ 10,000.00$ -$ -$ 8-$ 9-$ 10-$ 11 12100-300 Owner's Insurance (Builders Risk)-$ -$ -$ -$ -$ 13-$ 14-$ 15-$ 1617Administration Total15,000.00$ -$ 15,000.00$ -$ -$ 1819200-000Owner's Project Manager (OPM)20200-100Design Development Phase68,198.00$ 68,198.00$ -$ -$ 68,198.00$ 21-$ 22-$ 23-$ 24-$ 2526200-200Contract Document Phase72,138.00$ 72,138.00$ -$ -$ 72,138.00$ 27-$ 28-$ 29-$ 30-$ 3132200-300Contractors Prequalification Phase36,026.00$ 36,026.00$ -$ -$ 36,026.00$ 33-$ 34-$ 35-$ 36-$ 3738200-400Bid & Award Phase39,749.00$ 39,749.00$ -$ -$ 39,749.00$ 39-$ 40-$ 41-$ 42-$ 4344200-500Construction Phase533,889.00$ 533,889.00$ -$ -$ 533,889.00$ 45-$ Reading Center for Active LivingProject Budget As of May 27, 2025 Page 1 of 5 abc d e fgh ijNo.Cost CategoryBase Contract Descriptions Budget Committed Funds Un-Committed Budget(d-e) Approved Invoices To Date Remaining Balance of Committed Funds Comments Reading Center for Active LivingProject Budget As of May 27, 202546-$ 47-$ 48-$ 4950200-600Closeout Phase55,857.00$ 55,857.00$ -$ -$ 55,857.00$ 51-$ 52-$ 53-$ 54-$ 5556200-700Cost Estimates40,000.00$ 40,000.00$ -$ -$ 40,000.00$ 57-$ 58-$ 59-$ 60-$ 6162200-800Additional Services -$ -$ -$ -$ -$ 63-$ 64-$ 65-$ 66-$ 6768OPM Total845,857.00$ 845,857.00$ -$ -$ 845,857.00$ 6970300-000Architect & Engineer (A&E) BASIC SERVICES7172300-100 Design Development600,000.00$ 600,000.00$ -$ -$ 600,000.00$ 73-$ 74-$ 75-$ 76-$ 7778300-200 Construction Documents600,000.00$ 600,000.00$ -$ -$ 600,000.00$ 79-$ 80-$ 81-$ 82-$ 8384300-300Bidding9,000.00$ 9,000.00$ -$ -$ 9,000.00$ 85-$ 86-$ 87-$ 88-$ 8990300-400Construction Administration550,000.00$ 550,000.00$ -$ -$ 550,000.00$ Page 2 of 5 abc d e fgh ijNo.Cost CategoryBase Contract Descriptions Budget Committed Funds Un-Committed Budget(d-e) Approved Invoices To Date Remaining Balance of Committed Funds Comments Reading Center for Active LivingProject Budget As of May 27, 202591-$ 92-$ 93-$ 94-$ 9596300-500Audio Visual &Technology Design28,000.00$ 28,000.00$ -$ -$ 28,000.00$ 97-$ 9899100101-$ 102300-600 Furniture, Fixtures & Equipment Design45,000.00$ 45,000.00$ -$ -$ 45,000.00$ 103-$ 104105106107108300-700A&E Reimbursable Services 84,000.00$ 84,000.00$ -$ -$ 84,000.00$ 109Geotechnical Engineering 9,000.00$ -$ 110Survey & Street Acceptance Plan 15,000.00$ -$ 111Wetlands Consultant (ConCom) 15,000.00$ -$ 112Arborist Tree Survey (ConCom) 5,000.00$ -$ 113Traffic Impact Analysis 10,000.00$ -$ 114Energy Model & Life Cycle Assessment 20,000.00$ -$ 115Printing Allowance 10,000.00$ -$ 116117118300-800 A&E - Additional Services -$ -$ -$ -$ -$ 119-$ 120-$ 121122Architect and Engineer Total1,916,000.00$ 1,916,000.00$ -$ -$ 1,916,000.00$ 123124400-000"Other" Engineering125400-100 Materials Testing and Inspectional Services70,000.00$ -$ 70,000.00$ -$ -$ 126-$ 127-$ 128-$ 129-$ 130131400-200 Hazardous Material (Testing & Monitoring)-$ -$ -$ -$ -$ 132-$ 133-$ 134-$ 135-$ Page 3 of 5 abc d e fgh ijNo.Cost CategoryBase Contract Descriptions Budget Committed Funds Un-Committed Budget(d-e) Approved Invoices To Date Remaining Balance of Committed Funds Comments Reading Center for Active LivingProject Budget As of May 27, 2025136137400-300Building Commissioning50,000.00$ -$ 50,000.00$ -$ -$ 138-$ 139-$ 140-$ 141-$ 142143400-400Structural Peer Review 15,000.00$ -$ 15,000.00$ -$ -$ 144-$ 145-$ 146-$ 147-$ 148149"Other" Engineering Total135,000.00$ -$ 135,000.00$ -$ -$ 150151500-000Construction Contract152500-100General Contractor (Base Contract)21,947,967.00$ -$ 21,947,967.00$ -$ -$ 153-$ 154-$ 155-$ 156-$ 157158500-200Construction Change Orders (Contingency)1,097,398.00$ -$ 1,097,398.00$ -$ -$ 159 -$ 160-$ 161 -$ 162 -$ 163 164Construction Contract Total23,045,365.00$ -$ 23,045,365.00$ $ - $ - 165166600-000Furnishings & Technology167168600-100 Furniture 500,000.00$ -$ 500,000.00$ -$ -$ 169-$ 170 -$ 171-$ 172-$ 173174600-200 Technology (Telephone & Data)300,000.00$ -$ 300,000.00$ -$ -$ 175 -$ 176-$ 177 -$ 178 -$ 179 180600-300 Audio Visual-$ -$ -$ -$ -$ Page 4 of 5 abc d e fgh ijNo.Cost CategoryBase Contract Descriptions Budget Committed Funds Un-Committed Budget(d-e) Approved Invoices To Date Remaining Balance of Committed Funds Comments Reading Center for Active LivingProject Budget As of May 27, 2025181-$ 182-$ 183-$ 184-$ 185186600-400 Computer Equipment-$ -$ -$ -$ -$ 187-$ 188-$ 189-$ 190-$ 191192600-500 Security / Access Control Systems-$ -$ -$ -$ -$ 193-$ 194-$ 195-$ 196-$ 197198Furnishings Fixtures and Equipment (FF&E) Total800,000.00$ -$ 800,000.00$ $ - $ - 199200700-000Other Project Costs80,000.00$ -$ 80,000.00$ -$ -$ 201700-100Utility Company (REL) -$ -$ 202Moving & Relocation -$ -$ 203 -$ -$ 204-$ -$ 205206Other Project Total80,000.00$ -$ 80,000.00$ -$ -$ 207208800-000Owner's Contingency 1,062,778.00$ -$ 1,062,778.00$ -$ -$ 209 -$ -$ -$ 210 -$ -$ -$ 211 -$ -$ -$ 212-$ -$ -$ 213 -$ -$ 214215Owner Contingency Total1,062,778.00$ -$ 1,062,778.00$ $ - $ - 216217PROJECT TOTALS 27,900,000.00$ 2,761,857.00$ 25,138,143.00$ -$ 2,761,857.00$ Page 5 of 5 ID Task Name Duration1Killam Project2938 days3738Town of Reading2491 days39Public Outreach137 days52Public Approval89 days53ToR Reviews and Approvals87 days73April Town Meeting9 days78Special Election0 days7980RECAL Project1922 days81Pre Design Planning393 days87ReCALC Work347 days105Architect Selection46 days108Feasibility Study140 days111OPM Selection80 days114PBC Final Site Selection34 days133Schematic Design109 days189PBC Community Outreach149 days223Design Development73 days224Exec Comm Planning Mtg 111 day225PBC Mtg 111 day226Design Development33 days227Energy Modeling, Life Cycle Costs & Solar Analysis20 days228Conservation Commission Meeting1 day229Community Planning & Development Commission Meeting1 day230Conservation Commission Meeting1 day231PBC Mtg - Design Update1 day232Conservation Commission Meeting1 day233PBC Mtg - Design Update1 day234DD Design Review10 days235DD Cost Estimate & Reconcilliation20 days236PBC Mtg - Price and VE Review1 day237PBC Mtg - VE Decisions, Site Plan Review Responses1 day238Town DD Site Plan Review & Approval67 days239Community Planning & Development Commission Meeting - Plans Submission1 day240Conservation Commission Meeting - Plans Submission1 day241Conservation Commission Meeting - Initial Meeting1 day242CPDC - Abutter Notice1 day243Community Planning & Development Commission Meeting - Initial Meeting1 day244Conservation Commission Meeting - Follow-up Meeting1 day245Conservation Commission Meeting - Follow-up Meeting (if required)1 day246Community Planning & Development Commission Meeting - Follow-up Meeting1 day247Community Planning & Development Commission Meeting - Follow-up Meeting (If Required)1 day5/13Nov '24Jun '25Jan '26Aug '26Mar '27202520262027Reading Center for Active LivingReCAL Master Project ScheduleDate: 5/27/25Page 1 of 3 DRAFT ID Task Name Duration248Construction Documents100 days249Pepare 60% CDs35 days250PBC Mtg - Draft Prequal RFQ Review and Approval, Design Update, Peer Review Plan1 day251PBC Mtg - Design Update, Design Review1 day2523rd Party Peer Reviews15 days25360% CD Design Review10 days25460% CD Cost Estimate & Reconcilliation20 days255PBC Mtg - Prequal Submission Reviews1 day256PBC Mtg - Price & VE Review1 day257PBC Mtg - Prequal Results, VE Decisions1 day258Prepare 100% CDs19 days259PBC Mtg - CD, bidding update?1 day260100% CD Review - Feedback directly to designer15 days261Contractor's Prequalification (GC & Filed Sub Bidders)62 days262Prepare RFQ13 days263Submit to Central Register1 day264Central Register Listing1 day265Contractors Response15 days266Team Review19 days267Finalize Scoring and Issue Results7 days268Bid & Award35 days269Prepare, Advertise and Issue Final Bid Package10 days270Bid Process11 days271Contractors on Site Pre-Bid Project Briefing Session1 day272Deadline for Trade Bidder MBE/WBE Waiver requests0 days273Deadline for Non Trade Bidder MBE/WBE Waiver requests0 days274Last Day of Questions for Filed-Sub Bidders1 day275PBC Mtg - Pre Addenda Mtg1 day276All Addendums Issued1 day277Bids Due - Filed Sub Bids Submitted Electronically1 day278Prepare NTP10 days279Collect and Finalize Bids5 days280Architect deadline for response to bids to Owner0 days281Low bidder deadline for MBE/WBE schedule to Owner0 days282PBC Mtg - NTP1 day283Bid drawings returned to Project Dog/Owner0 days284NTP Issued0 days285Permitting30 days286Construction397 days287Construction Begins0 days288Midpoint of Construction0 days289Substantial Completion0 days290Final Completion0 days1/91/121/301/302/42/63/2312/179/15Nov '24Jun '25Jan '26Aug '26Mar '27202520262027Reading Center for Active LivingReCAL Master Project ScheduleDate: 5/27/25Page 2 of 3 ID Task Name Duration291FFE & Technology Procurement245 days292Hire FFE/ Technology Designer20 days293Design and Specify Selections120 days294Approve Selections & Issue PO10 days295Fabrication Period80 days296Delivery and Installation15 days297Commissioning20 days298Owner Move In10 days299Close Out270 daysNov '24Jun '25Jan '26Aug '26Mar '27202520262027Reading Center for Active LivingReCAL Master Project ScheduleDate: 5/27/25Page 3 of 3 Page 1 of 2 Amendment #001 AMMENDMENT NUMBER 0NE (#001) AGREEMENT BETWEEN TOWN OF READING AND OWNERS PROJECT MANAGER WHEREAS, the Town of Reading (“Owner”) and Turner & Townsend Heery, LLC, 300 Brickstone Square, Suite 201, Andover, MA 01810, (the “Owner’s Project Manager”) (collectively, the “Parties”) entered into a Contract for Project Management Services (Turner & Townsend Heery Project #HII-2408100) for the Reading Center for Active Living on October 9, 2024 (“Contract”) WHEREAS, effective as of May 22, 2025, the Parties wish to amend the Contract, as follows: NOW, THEREFORE, in consideration of the promises and the mutual covenants contained in this Amendment, and other good and valuable consideration, the receipt and legal sufficiency of which are hereby acknowledged, the Parties, intending to be legally bound, hereby agree as follows: 1. The Owner hereby authorizes the Owner’s Project Manager to perform services for the design development, construction document, bidding, construction, and closeout phases. This scope of work is amended to include scope of services noted as Attachment A and Turner & Townsend Heery Proposal Letter dated 05/21/25 noted as Attachment B. Service by Phase Base Contract Fee Changes by Previous Amendments Changes by This Amendment Revised Contract Fee Feasibility / Schematic Design $94,500.00 $0.00 $0.00 $94,500.00 Design Development $0.00 $0.00 $68,198.00 $68,198.00 Construction Documents $0.00 $0.00 $72,138.00 $72,138.00 Contractor Prequalification $0.00 $0.00 $36,026.00 $36,026.00 Bidding Phase $0.00 $0.00 $39,749.00 $39,749.00 Construction Phase $0.00 $0.00 $533,889.00 $533,889.00 Closeout Phase $0.00 $0.00 $55,857.00 $55,857.00 Cost Estimates $0.00 $0.00 $40,000.00 $40,000.00 Total Fee $94,500.00 $0.00 $845,857.00 $940,357.00 2. This Amendment contains all of the terms and conditions agreed upon by the Parties as amendments to the original Contract, as amended. No other understandings or representations, oral or otherwise, regarding amendments to the original Contract, as amended, shall be deemed to exist, or bind the Parties, and all other terms and conditions of the Contract, as amended, remain in full force and effect. Page 2 of 2 Amendment #001 IN WITNESS WHEREOF, the Owner, with the prior approval of the Authority, and the Owner’s Project Manager have caused this Amendment to be executed by their respective authorized officers. OWNER OWNER PROJECT MANAGER Town of Reading Turner & Townsend Heery, LLC. Matt Kraunelis Rob Chomiak Town Manager Executive Vice President Date Date Chuck Adam Vice President Date 2 1.5 The Parties hereto agree that the Contractor shall be solely responsible for construction means, methods, techniques, sequences and procedures, the Contractor’s schedules, and for safety precautions and programs in connection with the Project and for performing in accordance with the Owner-Contractor Agreement. The Owner’s Project Manager shall be responsible for the Owner’s Project Manager’s negligent acts or omissions but shall not have control over or charge over acts or omissions of the Contractors, Subcontractors, or the agents or employees of the Contractor, the Designer, or the Owner. 
 1.6 Nothing in this Agreement shall be construed as an assumption by the Owner’s Project Manager of the responsibilities or duties of the Contractor or the Designer. The Owner’s Project Manager’s services shall be rendered compatibly and in coordination with the services provided by the Designer. It is not intended that the services of the Owner’s Project Manager and Designer be competitive or duplicative, but rather complementary. The Owner’s Project Manager shall be entitled to rely upon the Designer and Contractor for the proper performance of their obligations pursuant to their respective contracts with the Owner. 
 ARTICLE 2: RESPONSIBILITIES OF THE OWNER 2.1 The Owner shall be responsible to oversee and monitor the performance of the Owner’s Project Manager to ensure that it performs its obligations in a satisfactory manner. The Owner shall provide the necessary general direction and broad management coordination required to execute the Project. 2.2. Upon satisfactory completion of services performed, the Owner shall make payments to the Owner’s Project Manager as provided in Articles 5, 6, 7 and 8. 2.3 To the extent such data is available, the Owner shall furnish to the Owner’s Project Manager existing surveys of the Project site, building plans, borings, test pits, structural, mechanical, chemical or other test data, tests for air and water pollution and for hazardous materials, photographs and utility information. The Owner makes no representation as to the sufficiency or accuracy of the information furnished under this Article 2.3. The Owner’s Project Manager shall notify the Owner in writing of any deficiencies in such data that the Owner’s Project Manager becomes aware of. 
 ARTICLE 3: RESPONSIBILITIES OF THE OWNER’S PROJECT MANAGER 3.1 The Owner’s Project Manager shall provide project management services to monitor procurement procedures, design, construction and other related activities and to facilitate, coordinate and manage the Project with respect to timely performance in accordance with the Project Schedule and monitor the quality of services and workmanship and shall recommend courses of action to the Owner when respective contractual requirements are not being fulfilled. Services shall continue through substantial use and occupancy by the Owner, and Project closeout. 3.2 The Owner’s Project Manager shall perform the services required under this Agreement in conformance with applicable federal, state, and local laws, ordinances 3 and regulations. 
 3.3 The Owner’s Project Manager shall report to the Owner any act or inaction in connection with the Project which the Owner’s Project Manager believes creates a substantial health or safety risk. Notwithstanding the immediately preceding sentence, the Owner’s Project Manager shall not assume responsibility for safety precautions and programs in connection with the Project, which shall remain the sole responsibility of the Contractor. 
 3.4 The Owner’s Project Manager acknowledges the importance that the Owner attributes to the abilities and qualifications of the key members of the Owner’s Project Manager’s team, including Subconsultants, and the continuity of key members participation in the services to be provided under this Agreement. This Agreement has been entered into on the representation of the Owner’s Project Manager that the individuals, consultants, assignments and responsibilities will be maintained throughout the duration of this engagement. No substitution or replacement of individuals or change in the Subconsultants, listed in Attachment B, shall take place without the prior written approval of the Owner, except when necessitated by causes beyond the Owner’s Project Manager’s control. If the Owner’s Project Manager proposes to replace one of the key members of the Owner’s Project Manager’s team, the Owner’s Project Manager shall propose a person or consultant with qualifications at least equal to the person or firm the Owner’s Project Manager proposes to replace. The Owner shall have the right to approve any substitution or replacement or change in status for the persons or Subconsultants listed in Attachment B and such approval shall not be unreasonably withheld. At the request of the Owner, the Owner’s Project Manager shall consult with the Owner to resolve any situation in which the Owner determines that a member of the Owner’s Project Manager’s team is failing to perform services in an acceptable manner to the Owner. The Owner shall have the right to direct the removal of any such person or consultant. No act or omission of the Owner made or permitted under this Section shall relieve the Owner’s Project Manager of its responsibility for the performance of the services specified in this Agreement. 3.5 The Owner’s Project Manager shall employ at all times professional and support personnel with requisite expertise and adequate numbers to assure the complete, timely and high quality performance of the obligations of the Owner’s Project Manager. 
 3.6 The Owner’s Project Manager shall be and shall remain liable to the Owner for all damages incurred by the Owner as a result of the failure of the Owner’s Project Manager to perform in conformance with the terms and conditions of this Agreement. 
 3.7 Except as provided in the immediately following sentence, the Owner’s Project Manager will not have the authority to enter into agreements on the Owner’s behalf or otherwise bind the Owner by its decisions and the Owner’s Project Manager will not hold itself out as the Owner’s agent. The Owner’s Project Manager shall act in the capacity of an agent or representative of the Owner as expressly authorized by the terms of this agreement or as the Owner may from time to time otherwise expressly 4 authorize the Owner’s Project Manager in writing. ARTICLE 4: TERM AND TIMELY PERFORMANCE 4.1 The Owner’s Project Manager acknowledges that expeditious completion of the Owner’s Project Manager’s services and the Project is of the utmost importance to the Owner. The term of this Agreement shall commence on the date stipulated in an Approval to proceed from the Owner. The Owner’s Project Manager shall complete the services required under this Agreement in a prompt and continuous manner. The Owner’s Project Manager shall perform its services in a timely manner and shall not delay the work of the Designer or Contractor. The Owner’s Project Manager shall monitor the performance of the Designer and the Contractor in accordance with schedules of performance that are established under their contracts with the Owner. The Owner’s Project Manager shall immediately advise the Owner, as well as the Designer or the Contractor, in writing, any time the Owner’s Project Manager determines that either the Designer or the Contractor’s performance is jeopardizing the Project Schedule or the Project Budget. 
 4.2 Time is of the essence in the performance of the Owner’s Project Manager’s obligations under this Agreement and under any amendment. The Owner’s Project Manager agrees that no other work in its organization will be permitted to interfere with its timely performance of the work required under this Agreement or any amendment. 
 ARTICLE 5: COMPENSATION 5.1 For the satisfactory performance of all services required pursuant to this Agreement, excluding those services specified under Articles 7 and 8, the Owner’s Project Manager shall be compensated by the Owner in an amount up to the Not-to-Exceed Fee for Basic Services, identified on Attachment A. The Owner’s Project Manager shall submit invoices on a monthly basis in accordance with the Payment Schedule included as Attachment A. The Owner shall make payments to the Owner’s Project Manager within 30 days of the Owner’s approval of the invoice. 
 5.2 The Fee for Basic Services shall include, but not necessarily be limited to, all labor, overhead, profit, insurance, legal services, transportation, communication expenses, reasonable printing and copying necessary for completion of the Project. The fee for Basic Services also shall include (a) the costs of rebidding and resolicitation of proposals, bids, or qualifications if due to the fault of the Owner’s Project Manager, and (b) assisting the Owner as provided by section 7.2.7 in litigation or resolution of claims or other administrative proceedings associated with a bid protest arising out of the Designer contract or the construction contract and for assistance beyond the requirements of 7.2.7 if such litigation or claims are due to the fault of the Owner’s Project Manager. 5.3 The Owner’s Project Manager shall be paid the remainder of the Fee for Basic Services, less previous payments, upon acceptance by the Owner of the Certificate of Final Completion and submission of evaluations. 
 5 5.4 Subject to Appropriation. The obligations of the Owner hereunder shall be subject to appropriation. In the absence of appropriation, this agreement shall be terminated immediately without liability of the Owner for damages, lost profits, penalties, or other charges arising from early termination. ARTICLE 6: BASIC SERVICES Upon execution of this Agreement, the Owner’s Project Manager shall proceed with all Basic Services described through the Design Development Phase (Section 6.3). The Owner’s Project Manager shall not proceed past the Design Development Phase without the Owner’s prior written authorization. For all Phases that the Owner’s Project Manager has been authorized by the Owner to perform, the Owner’s Project Manager shall perform the following Basic Services: 6.1 Project Management (For All Phases): 6.1.1 The Owner’s Project Manager shall prepare a communication and document control procedure during the Design Phase and continue to update it as specified for the duration of the Project. This procedure shall detail the responsibilities and lines of communication among all Project participants (Owner, Owner’s Project Manager, Designer, Contractor, Subcontractors, peer review consultants and other consultants, vendors or suppliers) and establish the procedure for correspondence, document control, designer and contractor submittal logs, change order reporting logs and other tracking logs, as needed. The Owner’s Project Manager shall include the Designer in its distribution of the Project Budget, Schedule, Monthly Progress Report and other reports as appropriate and as outlined in the Communications Plan. 6.1.1.2 The Owner’s Project Manager shall prepare agendas for and attend meetings with other representatives of the Owner, as well as any neighborhood meetings relating to the Project. The Owner’s Project Manager shall take minutes of all of the above-referenced meetings and promptly distribute minutes of these meetings to the Owner. 
 6.1.1.3 The Owner’s Project Manager shall review all applications for payments, requisitions and invoices relating to the Project as submitted by the Designer, equipment vendors and all other contractors and suppliers and make recommendations to the Owner relative to amounts due. 6.1.2 Project Control: 6.1.2.1 Project Budget. Over the course of the Project, the Owner’s Project Manager shall work with the Owner to prepare a detailed baseline Project Budget in a form acceptable to the Owner. The Owner’s Project Manager shall monitor and compare all Designer estimates, contractor bids, and other cost information to this Project Budget and identify and report all variances to the Owner. The Owner’s Project Manager shall maintain and update the baseline Project Budget throughout the term of this Agreement. The Owner’s Project Manager shall report any variances to 6 the baseline Project Budget as part of the Monthly Progress Report. The Owner’s Project Manager shall prepare revisions to the baseline Project Budget, as needed, and submit them to the Owner for approval. 6.1.2.2 Cost Estimating. The Owner’s Project Manager shall prepare detailed independent cost estimates when required by the Owner. If the Owner requires the Owner’s Project Manager to prepare an independent cost estimate, the Owner’s Project Manager shall compare its cost estimate to that prepared by the Designer to identify and notify the Owner of any variances. In the event that the cost as estimated by the Designer exceeds the construction cost in the Project Budget at any of the Design phases, the Owner’s Project Manager shall consult with the Designer and recommend to the Owner appropriate revisions to the scope of work. The Owner’s Project Manager shall provide cost estimating services, as may be required, to develop cash flows. During the schematic design Phase, the Owner’s Project Manager shall prepare a construction cost estimate in Uniformat II Level 3 format, with unit rates and quantities supporting each item. The estimated cost shall be projected, to the mid point of the construction period. At the 60% stage of completion of the final drawings and specifications, the Owner’s Project Manager shall prepare a construction cost estimate using the Uniformat II Classification to Level 3, the CSI MasterFormat 6-digit format to Level 3 and MGL c.149 §44F (filed sub-bid) format including quantities of all materials and unit prices of labor, equipment, and materials as well as a cost estimate for each item of work. The Owner’s Project Manager shall prepare a final construction cost estimate in Uniformat II Elemental Classification to Level 3 (Sections A-G inclusive), the CSI MasterSpec format to Level 3 and M.G.L. c. 149, §44F (filed sub-bid) format, complete with a single line outline specification description for each item with the detailed unit rate or item cost buildup provided as a backup in each case. 6.1.2.3 Project Schedule. The Owner’s Project Manager shall prepare a Project Schedule in a form acceptable to the Owner, which will be reviewed and agreed upon by the Owner. The Owner’s Project Manager shall prepare revisions to the Project Schedule, as needed, and submit them to the Owner for approval. The Owner’s Project Manager shall assess the actual progress of the Project relative to the baseline Project Schedule and report any variances from the baseline Project Schedule as part of the Monthly Progress Report. 6.1.2.4 Construction Schedule. The Contractor shall be responsible for preparing and updating its construction schedule on a monthly basis. The Owner’s Project Manager shall meet once each month with the Contractor and Designer to review and update its schedule, develop the monthly progress information to support the Contractor’s payment estimate, and monitor the Contractor’s performance for compliance with its contract. The Owner’s Project Manager shall notify the Owner of and include in its Monthly Progress Report any significant changes or delays to the construction schedule. The Owner’s Project Manager shall make appropriate recommendations to the Owner relative to the actions that should be taken by the Contractor and/or advise the Owner when liquidated damages are anticipated to be incurred. 6.1.3 Monthly Progress Report. The Owner’s Project Manager shall submit to the Owner 7 no later than the fifteenth day of each calendar month a written Monthly Progress Report summarizing activity during the preceding calendar month. The Monthly Progress Report shall be submitted in a format acceptable to the Owner and shall describe work performed by all project participants (OPM, Designer, Contractor or subcontractors) during the reporting period and work planned for the next reporting period. The report shall also address matters of schedule adherence (Project Schedule as well as individual completion percentages for design and construction), costs to date (updated Project Budget and actual expenses incurred), change orders and potential change orders, cash flow projections, Contractor’s safety performance, Designer’s QA/QC, Contractor’s environmental compliance, community issues, Designer and Contractor MBE/WBE activities, any issues that could result in additional time and/or additional costs and any anticipated problems/concerns together with recommended solutions. 6.1.4 Site Investigations and Environmental Testing. 
The Owner’s Project Manager shall assist the Owner in determining the need for and the implementation of site evaluation and testing including, but not necessarily limited to, site surveys, wetlands evaluation, environmental evaluations, hazardous materials evaluation, subsurface testing (percolation tests, test pits, borings, etc.), destructive testing and other investigative work in the case of renovation projects. The determination that any additional services or testing need to be performed shall rest with the Owner or Designer. 
 6.1.5 Project Records and Reports (All Phases). 
The Owner’s Project Manager shall maintain a complete Project file including, but not necessarily limited to, a copy of the executed agreements of the Owner-Owner’s Project Manager, Owner-Architect and the Owner-Contractor, including copies of performance and payment bonds, a master list of permits, certificates of insurance, licenses and approvals for the Project, correspondence, daily reports, payment records, shop drawings, submittals, project schedules, requests for information, change orders/amendments, change directives and meeting minutes. The Owner’s Project Manager shall assist the Owner in responding to any public records request received by the Owner. 6.2 Feasibility Study/Schematic Design Phase. 6.2.1 [Intentionally Omitted.] 6.2.2 Feasibility Study/Schematic Design. The Owner’s Project Manager shall monitor the activities and responsibilities of the Designer during this phase and assist the Owner in the review of the proposed scope, schedule and budget, developed by the Designer, including the review of the Designer’s preliminary drawings. The Owner’s Project Manager shall: (a) prepare independent construction cost estimates pursuant to Section 6.1.2.2 of this Contract for comparison with the Designer’s cost estimates; and (b) work with the Owner and Designer to prepare the Project Schedule. 6.2.2.1 The Owner’s Project Manager shall review the schematic design to recommend Value Engineering Changes (VEC) to the Owner. A Value Engineering Change shall include an analysis of the constructability, cost, quality and schedule impact. The 8 Designer will be responsible for a thorough review and recommendation on the technical merit of any VEC. 6.2.2.2 The Owner’s Project Manager shall lead design coordination meetings every two weeks, between the Designer and the Owner to provide for review and discussion of design/engineering related issues. The Owner’s Project Manager shall provide technical assistance to the Owner. The Owner’s Project Manager shall take and distribute minutes of these meetings to the Owner. 6.2.2.3 The Owner’s Project Manager shall assist in the implementation of additional site evaluation and testing as required by the Designer, including, but not necessarily limited to, site surveys, wetlands evaluation, environmental evaluations, hazardous materials evaluation, subsurface testing (percolation tests, test pits, borings, etc.), destructive testing and other investigative work in the case of renovation projects. 6.2.2.4 The Owner’s Project Manager shall monitor the status of the Designer contract including monitoring the schedule of the Designer, provide review and comment of Designer’s work product and make recommendations to the Owner when, in the opinion of the Owner’s Project Manager, requirements of the Designer’s contract with the Owner are not being fulfilled. 6.2.2.5 The Owner’s Project Manager shall meet with the Owner, Designer and other project participants as necessary. 6.3 Design Development. 6.3.1 The Owner’s Project Manager shall oversee the activities and responsibilities of the Designer in the development of the scope, schedule and budget including a general review of the Designer’s detailed scaled plans, elevations and sections of all aspects of the design. The Owner’s Project Manager shall: 6.3.1.1 Prepare independent construction cost estimates pursuant to Section 8.1.2.2 of this Contract, for comparison with the Designer’s cost estimates. (One Estimate during Task 6.3.) 6.3.1.2 Work with the Owner and Designer to update the Project Budget and Schedule. 6.3.2 The Owner’s Project Manager shall monitor and coordinate the schedule, technical accuracy, efficiency, coordination, and constructability of the Project and cost-effectiveness of all designs, drawings, reports, estimates and other work furnished by the Designer, and make recommendations to the Owner when, in the opinion of the Owner’s Project Manager, requirements of the Designer’s contract with the Owner are not being fulfilled. 6.3.3 The Owner’s Project Manager shall promptly review all Designer submissions and shall meet with the Designer to discuss those submissions. Upon completion of its review, the Owner’s Project Manager shall recommend that the Owner: (1) approve the submission as made; (2) approve that part of the submission that is acceptable 9 and reject the remainder; (3) reject the submission; or (4) require the Designer to submit additional information or details in support of its submission. 6.4 Construction Documents. Upon receipt of Notice to Proceed with the Construction Documents Phase, the Owner’s Project Manager shall perform the following Basic Services: 6.4.1 The Owner’s Project Manager shall review the construction documents for quality, cost, and schedule improvements, conciseness and clarity. The Owner’s Project Manager shall: 6.4.1.1 Prepare independent construction cost estimates pursuant to Section 8.1.2.2 of this Contract, for comparison with the Designer’s cost estimates. (Two estimates during Task 6.4.) 6.4.1.2 Provide advice, consultation and guidance to the Owner relative to value engineering recommendations. 6.4.1.3 Work with the Owner and Designer to update the construction budget and schedule. 6.4.1.4 Provide advice, consultation and guidance to the Owner and the Designer relative to general contractor and subcontractor prequalification requirements pursuant to M.G.L. c. 149 § 44D½ and § 44D¾ as applicable, including participation as a member of the Owner’s Prequalification Committee. 6.4.1.5 Review the construction documents. The review shall include constructability, operability and bid-ability as well as document clarity and coordination between drawings and to identify conflicts between drawings and specification. The constructability review will identify potential conflicts, make recommendations specific to any phasing issues, recommend appropriate milestones, constraints and liquidated damages and a review of the project specific requirements. .1 The Owner’s Project Manager’s review of the construction documents shall also include, but not be limited to, any concerns of the Owner’s Project Manager and/or the Owner relative to access, usable area, parking, utilities, anticipated noise and dust sources during construction that may impact building occupants and identification of potential locations for field offices, facilities, supplies and equipment. 6.4.1.6 Monitor the schedule of the Designer, provide review and comment of Designer’s work product and make recommendations to the Owner when, in the opinion of the Owner’s Project Manager, requirements of the Designer’s contract with the Owner are not being fulfilled. 6.5 Bidding Phase. Upon receipt of Notice to Proceed with the Bidding Phase, the Owner’s Project Manager shall perform the following Basic Services: 6.5.1 The Owner’s Project Manager shall monitor the activities and responsibilities of the Designer in the advertisement, distribution of bidding documents and solicitation of 10 public bids in accordance with M.G.L. c. 149 §§ 44A through 44J and other public construction related statutes. The Owner’s Project Manager shall: 6.5.1.1 Administer general contractor and subcontractor prequalification requirements pursuant to M.G.L. c. 149 § 44D½ and § 44D¾ as applicable, including participation as a member of the Owner’s Prequalification Committee. 6.5.1.2 Attend, and assist the Owner with, all pre-bid conferences and meetings and, assist, if directed by the Owner. 6.5.1.3 Attend, and assist the Owner with, all sub-bid and general bid openings and, assist, if directed by the Owner. 6.5.1.4 Review all sub-bids and general bids in conjunction with Designer’s determination of responsiveness, bidder eligibility, completeness, accuracy and price including investigation at DCAMM. Provide technical guidance to the Owner relative to its acceptance of bids and determination of bidder responsibility. 6.5.1.5 Review alternates and make written recommendations as to their acceptance. 6.5.1.6 If the bid of the lowest eligible and responsible general bidder exceeds the construction budget, the Owner’s Project Manager shall consult with the Designer and make recommendations to the Owner in regard to maintaining the Project Budget which may include, consistent with Massachusetts public construction laws, reviewing and recommending acceptance of alternates, re-bidding or seeking additional funding from the Town. 6.5.2 The Owner’s Project Manager shall make recommendations to the Owner relative to the award of a construction contract. 6.5.3 The Owner’s Project Manager shall assist the Owner in the preparation and execution of the Notice of Award and Owner-Contractor Agreement and shall obtain from the Contractor performance and payment bonds, insurance certificates, and all other documents and certificates required for contract execution. 6.5.4 The Owner’s Project Manager shall assist the Owner and the Designer in preparing and sending the Notice to Proceed to the Contractor. 6.5.5 The Owner’s Project Manager shall provide the Contractor, Designer and Owner with required copies of executed construction contract documents. 6.6 Construction Phase. Upon receipt of Notice to Proceed with the Construction Phase, the Owner’s Project Manager shall perform the Basic Services as described in this Section 6.6. The Owner’s Project Manager shall provide supervisory staff for each of the following activities, from Notice to Proceed of the construction contract to end of the one-year warranty period. 6.6.1 The Owner’s Project Manager shall monitor the Designer’s administration of the Owner-Contractor Agreement including the processing of submittals, issuance of 11 timely decisions and directives and consultant’s or subconsultants’ visits to the Project as necessary during the time that construction is occurring on the portions of the work to which the consultant's services relate. 6.6.2 The Owner’s Project Manager shall provide a full-time (40 hours per week minimum) on-site Project Representative, who shall be dedicated exclusively to the Project, either as an employee of the Owner’s Project Manager or as a subconsultant to the Owner’s Project Manager. 6.6.2.1 The Project Representative shall be subject to the approval of the Owner and the Owner reserves the right to require the Owner’s Project Manager to replace the Project Representative at any time during the course of the Project. 6.6.2.2 The Project Representative shall have at least five years experience in on-site supervision of projects similar in scope, size and complexity to the Project. 6.6.2.3 Unless otherwise directed, the Project Representative shall be present at all times when the Contractor is conducting operations at the site starting from issuance by the Owner of a Notice to Proceed to the Contractor and continuing until issuance to the Contractor of a Certificate of Substantial Completion by the Owner and thereafter on an, as needed basis, until issuance to the Contractor of a Certificate of Final Completion by the Owner. 6.6.3 The Owner’s Project Manager shall review the Contractor’s schedule of values to determine if it represents a reasonably balanced payment schedule for work to be performed with no items front-end loaded or artificially inflated. The schedule of values shall include line items for all deliverables, testing requirements and specified operations and maintenance materials. The Owner’s Project Manager shall submit recommendations for the Contractor’s schedule of values to the Owner within forty-five days of the Owner’s Notice to Proceed to the Contractor. 6.6.4 The Owner’s Project Manager shall review the Contractor’s submitted baseline schedule. The Owner’s Project Manager shall be responsible for monitoring the timeliness of these submittals and enforcing compliance with schedule submittal requirements of the construction documents. The Owner’s Project Manager shall evaluate the Contractor’s planning for the execution of the work, evaluate the reasonableness of the proposed schedule and determine if the submitted schedule meets the requirements of the construction documents. 6.6.5 The Project Representative hired by the Owner’s Project Manager shall provide daily observation and monitoring of construction activities such that all shifts and work activities are observed and documented. Responsibilities of the Project Representative shall include: 6.6.5.1 Keeping a daily log containing a record of weather, the Contractor’s work on site, number of workers, visitors to the site, safety status of the Project, equipment and equipment utilization, material and equipment deliveries, non-compliance with safety procedures and issuance of any safety violation notifications, accidents, general description of work performed and quality of work, visits of code 12 enforcement officials and any resulting reports or orders, verbal instruction to interpretations given to the Contractor, pay items, and any observed delays, deficiencies and field problems. 6.6.5.2 Preparing weekly progress reports for submittal to the Designer and the Owner that summarize the progress achieved, provide a concise description of problems and include a copy of the daily log. 6.6.5.3 Assisting the Designer in determining if construction and construction related activities are performed in accordance with plans and specifications and the approved shop drawings and are consistent with Massachusetts public construction laws. 6.6.5.4 Monitoring on a daily basis Time and Materials work on change orders for less than $50,000, including work installed, volume measurements, time sheets, crew sizes and mixes, and equipment utilized. 6.6.5.5 Evaluating actual quantities and classification of Unit Price work performed by Contractors. 6.6.5.6 Evaluating field problems, using the proper channels for solution and communication of the information to the Designer and the Owner. 6.6.5.7 Shoot and maintain Project progress photographs showing construction progress at a frequency sufficient to document major activities or to document safety incidents, differing site conditions and quality issues. The Project Representative shall maintain a descriptive log and captioning of the photographs on CD or store on web based system for document storage. 6.6.6 The Owner’s Project Manager shall coordinate and track requests for clarification on drawings/specifications, design changes and proposed change orders. 6.6.7 The Owner’s Project Manager shall prepare responses to Contractor correspondence for the Owner. 6.6.8 The Owner’s Project Manager shall monitor and coordinate the scheduling and activities of independent materials testing functions at the site, including distribution of reports and any necessary actions resulting. 6.6.9 The Owner’s Project Manager shall maintain at the Project site, on a current basis, a record copy of Construction Contract Documents, including, but not necessarily limited to, drawings, specifications, addenda, change orders, and directives as well as all approved shop drawings, product data, samples, submittals, operations and maintenance manuals and all other relevant documents relating to the construction of the Project. 6.6.10 The Owner’s Project Manager shall monitor the Contractor’s compliance with Massachusetts prevailing wage requirements pursuant to M.G.L. c. l49 §§ 26 to 27H inclusive including assisting the Owner in cataloging and filing payroll affidavits. 13 6.6.11 The Owner’s Project Manager shall monitor the Contractor’s compliance with the construction schedule, identify potential problems, include problem identification on the Monthly Progress Report and make recommendations to the Owner when, in the opinion of the Owner’s Project Manager, requirements of the Contractor in the Owner-Contractor Agreement are not being fulfilled. 6.6.12 The Owner’s Project Manager shall monitor, review and analyze proposed change orders, and claims recommending appropriate action and resolution to the Owner in accordance with Article 6.1.4. 6.6.13 The Owner’s Project Manager shall review and coordinate its review with the Designer to recommend approval of the General Contractor’s monthly payment requisitions. The Owner’s Project Manager shall review the Designer’s certification that the percentage of work included in the requisition is accurate and the work performed conforms to the construction contract. 6.6.14 The Owner’s Project Manager shall verify substantial completion of work; assist the Designer in the Designer’s final inspection and receipt of documents, manuals, receipts, certifications, and all other materials required for final closeout as described in the construction contract. The Owner’s Project Manager shall coordinate the detailed punchlist with the Designer, including a subsequent walk-through with the Designer. The Owner’s Project Manager and the Designer shall then coordinate a walk-through with the Owner to finalize the punchlist. The Owner’s Project Manager shall then be responsible for tracking and confirming the completion of the punchlist items. 6.7 Completion Phase. Upon receipt of Notice to Proceed with the Completion Phase, the Owner’s Project Manager shall perform the following Basic Services: 6.7.1 The Owner’s Project Manager shall monitor the activities and responsibilities of the Designer and the Contractor in the close-out and commissioning of the Project. 6.7.2 The Owner’s Project Manager shall assist in securing and reviewing and recommending approval of all project completion forms and documentation necessary for occupancy and full operation of the facility including, but not necessarily limited to, inspection certificates of local building authorities, Certificate of Substantial Completion, Certificate of Final Completion, Occupancy Permit, shop drawings, as-built drawings, operations and maintenance manuals, warranties, guarantees and any and all documentation as required by the contract documents. 6.7.3 The Owner’s Project Manager shall assist the Owner in completing the written evaluation of the Designer(s) pursuant to M.G. L. c. 7C § 48 and prepare, sign and provide to the Owner for its signature the written evaluation of the Contractor(s) and Trade Subcontractors pursuant to M.G.L. c. 149 § 44D. 6.8 Warranty Phase: The Owner’s Project Manager shall perform the following Basic Services: 14 6.8.1 Owner’s Project Manager shall coordinate an inspection by the Architect and commissioning agent two months prior to the end of the one-year warranty period, and assist in resolving all warranty items identified. 6.8.2 Owner’s Project Manager shall manage the warranty punch list work to be performed approximately two months prior to the end of warranty and assist the Owner in resolving all warranty issues identified. 6.8.3 Any other work requested of the Owner’s Project Manager during the warranty phase will be paid for on an hourly basis as Extra Services. 6.9 Change Order and Claims Administration: Throughout the Project, the Owner’s Project Manager shall review and coordinate its review with the Designer and make specific document and processing recommendations to the Owner, consistent with the General Laws and the construction contract documents, which minimize change order and claims processing costs and time. Services provided by the Owner’s Project Manager shall include: 6.9.1 Change Order Administration. 6.9.1.1 Review all Contractor proposals for change orders and supporting schedules for time extension requests. For change orders in excess of $100.000, prepare independent cost estimate analysis with associated schedule impact. 6.9.1.2 Initiate, conduct, and document negotiations through a memorandum of negotiations with the Contractor. 6.9.1.3 For all change order requests by the Contractor, make recommendations to the Owner for their acceptance or rejection. 6.9.1.4 Prepare and finalize any documentation required for processing change orders including a summary of the Owner’s Project Manager’s review of the reasonableness of the costs and documentation to support or reject the change. 6.9.1.5 Maintain a status report system for logging and tracking change orders, claims, and disputes to resolution. At a minimum, monthly reports shall include contract number, description of change order or claim, reason for change, date initiated, magnitude of estimated cost, actions required (identification of action parties and response dates) and status. This report shall be included in the Monthly Progress Report. 6.9.2 Claims and Disputes Management. 6.9.2.1 Implement a claims management procedure consistent with the construction contract documents. 6.9.2.2 Analyze Contractor claims and make recommendations to the Owner in support of the Owner’s obligations under the claims provisions of the construction contract 15 documents. Prepare responsive positions in coordination with the Owner, and obtain appropriate input from the Designer and/or Contractor. 6.9.2.3 In the event that a dispute arises between the Contractor, and/or any Subcontractors, and/or the Designer, including, but not necessarily limited to, disputes regarding the performance, quality, acceptability, fitness and rate of progress of the Project or the requirements of the Designer’s contract or the Contractors’ construction contract(s), the Owner’s Project Manager shall report any such claims, disputes or other matters in question relating to the performance by the Contractor, Subcontractor, Designer or vendor to the Owner in writing as soon as reasonably possible. 6.9.2.4 The Owner’s Project Manager shall take all reasonable efforts designed to resolve any such claims, disputes, or other matters in question. ARTICLE 7: EXTRA SERVICES 7.1 General 7.1.1 Extra Services are those services requested by the Owner to be performed by the Owner’s Project Manager but which are additional (or “extra”) to the services performed as Basic Services. Such services are not included in the Fee for Basic Services and shall be invoiced and paid for separately. Extra services shall not be deemed authorized until a written Approval is received from the Owner. 
 7.1.2 The proposed cost, scope and schedule of all Extra Services shall be presented to and approved by the Owner in writing prior to the performance of any Extra Services. 
 7.1.3 Cost proposals for Extra Services shall be computed in accordance with the Hourly Billing Rate Schedule established in Attachment A. 
 7.2 Unless specifically prohibited elsewhere and with the prior written Approval of the Owner, the Owner’s Project Manager may be requested to perform any of the following services as Extra Services: 7.2.1 Preparing special studies, reports, or applications at the written direction of the Owner, other than those specifically required herein as part of Basic Services; 7.2.2 Assisting in the appeals process of permitting boards or commissions; 7.2.3 Rebidding, resolicitation, or re-advertising for bids, proposals, or qualifications unless made necessary by the fault of the Owner’s Project Manager, in which events such rebidding shall be deemed part of Basic Services; 7.2.4 Furnishing services in connection with a bid protest filed in court or with the Office of the Attorney General, provided such activities did not arise due to the fault of the Owner’s Project Manager; 
 7.2.5 Furnishing services in excess of Basic Services made necessary by the termination of 16 the General Contractor; 7.2.6 Providing consultation with respect to replacement of work damaged by fire or other casualty during construction; 7.2.7 Assisting the Owner in litigation, claims resolution or non-binding mediation arising out of the Designer contract or the construction contract, provided such litigation or claims did not arise due to the fault of the Owner’s Project Manager; and 7.2.8 Providing other services requested by the Owner that are not included as Basic Services pursuant to this Agreement. 
 7.3 Invoices for Extra Services shall be accompanied by a complete breakdown listing the name, payroll title, date, number of hours by day, hourly rate and extended amount, per specified task of Extra Services performed. Hourly rates shall be in accordance with the Hourly Rate Schedule in Attachment A. The Owner may request lump sum fees for certain Extra Services. ARTICLE 8: REIMBURSABLE EXPENSES 8.1 The Fee for Basic Services and for Extra Services shall include all the Owner’s Project Manager’s expenses associated with the performance of its services pursuant to this Contract. 8.1.1 The Owner’s Project Manager shall be reimbursed by the Owner for: 8.1.1.1 the actual cost to the Owner’s Project Manager of special consultants, not specified in its response to the RFQ, and approved in writing by the Owner, provided, however, that no reimbursement for such expense shall be made unless the rates of compensation for said consultant services shall have been previously approved in writing by the Owner. The Owner may approve a lump sum fee; 8.1.1.1.1 The Owner’s Project Manager shall not be entitled to compensation under this Article for the services of Subconsultants hired to perform Basic Services under this Agreement. If a Subconsultant hired to perform Basic Services performs Extra Services approved by the Owner, compensation for such Extra Services shall be made under Article 7. 8.1.1.2 other actual costs, including special printing, but only when specifically authorized in writing by the Owner or its designee; and 8.1.1.3 for document copies in excess of numbers specified in the Contract if requested by the Owner. 8.2 The Owner shall not reimburse the Owner’s Project Manager for the following: 8.2.1 any expenses associated with performing its services (Basic or Extra); 8.2.2 travel expenses under this Contract, proved, however, that in special circumstances and with prior approval of the Owner, the Owner’s Project Manager may be 17 reimbursed for out-of-state travel expenses consistent with applicable statutes, rules, and regulations; and 8.2.3 any telephone or other out-of-pocket expenses unless specifically authorize as provided above. 8.3 Mark-Up for Overhead and Profit: For solicitation, coordination, inspection, analysis, and evaluation of and for the assumption of responsibility for, services authorized under 8.1.1.1 of this Contract, the Owner’s Project Manager shall be paid 10% of the actual expense where the cost of the specific services is estimated not-to-exceed $100,000. The aforementioned percentage will be negotiated to a lesser figure in those instances when the not-to-exceed cost is projected to exceed $100,000. ARTICLE 9: RELEASE AND DISCHARGE 9.1 The acceptance by the Owner’s Project Manager of the last payment under the provisions of Article 5 or Article 10 in the event of termination of the Contract, shall in each instance, operate as and be a release to the Owner and its employees and agents, from all claims of the Owner’s Project Manager and its Subconsultants for payment for services performed and/or furnished, except for those written claims submitted by the Owner’s Project Manager to the Owner with, or prior to, the last invoice. ARTICLE 10: ASSIGNMENT, SUSPENSION, TERMINATION 10.1 Assignment: 10.1.1 The Owner’s Project Manager shall not assign or transfer any part of its services or obligations under this Agreement without the prior written approval of the Owner. Such written consent shall not in any way relieve the Owner’s Project Manager or its assignee from its responsibilities under this Agreement. 10.2 Suspension: 10.2.1 The Owner may, at any time, upon seven (7) days written notice to the Owner’s Project Manager, suspend this Agreement. If the Owner provides such written notice, the Owner’s Project Manager shall be compensated for work satisfactorily performed in accordance with the Contract terms prior to the effective date of such suspension for which invoices have been properly submitted. 10.3 Termination: 10.3.1 By written notice to the Owner’s Project Manager, the Owner may terminate this Agreement at any time with or without cause. If such termination shall occur through no fault of the Owner’s Project Manager, all compensation and reimbursement due to the Owner’s Project Manager in accordance with the Contract terms, for work satisfactorily performed up to the date of termination, including proportionate payment for portions of the work started but incomplete at the time of termination, shall be paid to the Owner’s Project Manager, provided no payment 18 shall be made for work not yet performed or for anticipated profit on unperformed work. If such termination is for cause, then no further payment shall be due to the Owner’s Project Manager beyond the date of termination. ARTICLE 11: NOTICES 11.1 Any notice required to be given by the Owner to the Owner’s Project Manager, or by the Owner’s Project Manager to the Owner, shall be deemed to have been so given, whether or not received, if mailed by certified or registered mail to the Owner’s Project Manager or the Owner at the addresses indicated on page one ARTICLE 12: INDEMNIFICATION OF OWNER 12.1 To the maximum extent permitted by law, the Owner’s Project Manager agrees to indemnify, defend with counsel acceptable to the Owner and save harmless the Owner from all suits, actions, claims, demands, damages, losses, expenses and costs, including attorneys’ fees, of every kind and description which the Owner may incur or suffer resulting from, in connection with, or arising out of any act, error or omission of, or breach of contractual duties to the Owner by, the Owner’s Project Manager, its agents, servants, employees or Consultants. The extent of the foregoing indemnification and hold harmless provisions shall not be limited by any provision of insurance required by this Contract and shall survive the termination of this Contract. ARTICLE 13: INSURANCE 13.1 The Owner’s Project Manager shall obtain and maintain at its sole expense all insurance required by law and by the Owner under the terms of this Agreement. The insurance required hereunder shall be provided at the sole expense of the Owner’s Project Manager or its Subconsultant, as the case may be, and shall be in full force and effect for the full term of this Agreement between the Owner and the Owner’s Project Manager or for such longer period as otherwise required under this Agreement. 
 13.2 All policies shall be issued by companies lawfully authorized to write that type of insurance under the laws of the Commonwealth of Massachusetts with a financial strength rating of “A” or better as assigned by A.M. Best Company, or an equivalent rating assigned by a similar rating agency acceptable to the Owner. 
 13.3 The Owner’s Project Manager and its Subconsultants, shall submit to the Owner original certificates of insurance evidencing the coverage required hereunder, together with copies of policies and evidence that all premiums for such insurance have been fully paid simultaneously with the execution of this Agreement. Certificates shall show each type of insurance, insurance company, policy number, amount of insurance, deductibles/self-insured retentions, and policy effective and expiration dates. The Owner’s Project Manager shall submit updated certificates to the Owner prior to the expiration of any of the policies referenced in the certificates so that the Owner shall at all times possess certificates indicating current coverage. Failure by the Owner’s Project Manager to obtain and maintain the insurance 19 required by this Section, to obtain all policy renewals, or to provide the respective insurance certificates as required shall constitute a material breach of the Contract and shall be just cause for termination of the services of the Owner’s Project Manager under this Agreement. 
 13.4 Termination, cancellation, or material modification of any insurance required by this Agreement, whether by the insurer or the insured, shall not be valid unless written notice thereof is given to the Owner at least thirty days prior to the effective date thereof, which shall be expressed in said notice. 
 13.5 The Owner’s Project Manager shall require by contractual obligation, and shall ensure by the exercise of due diligence, that any Subconsultant hired in connection with the services to be provided under this Agreement shall obtain and maintain all insurance required by law and as may be required by the Owner under the terms of this Agreement. 
 13.6 The Owner’s Project Manager or its Subconsultant, as the case may be, shall be responsible for the payment of any and all deductibles under all of the insurance required by this Agreement. The Owner shall not be responsible for the payment of deductibles, self-insured retentions or any portion thereof. 
 13.7 Workers’ Compensation, Commercial General Liability, Automobile Liability, and Valuable Papers.
The Owner’s Project Manager shall purchase and maintain at its own expense during the life of this Agreement, or such other time period as provided herein, the following types and amounts of insurance, at a minimum: 13.7.1 Workers’ Compensation Insurance in accordance with General Laws Chapter 152. 13.7.2 Commercial General Liability Insurance (including Premises/Operations; Products/ Completed Operations; Contractual; Independent Contractors; Broad Form Property Damage; and Personal Injury) with a minimum limit of $1,000,000 per occurrence, $3,000,000 aggregate. The Owner’s Project Manager shall maintain such insurance in full force and effect for a minimum period of one year after final payment and shall continue to provide evidence of such coverage to the Owner. The Owner shall be named additional insured on this policy. 
 13.7.3 Comprehensive Automobile Liability Insurance (including owned, non-owned and hired vehicles) at limits of not less than $1,000,000 CSL. The Owner shall be named as additional insured on this policy. 
 13.7.4 Valuable Papers insurance in an amount sufficient to assure the restoration of any plans, drawings, computations, field notes, or other similar data relating to the work covered by this Agreement or by the Agreement between the Owner and the Designer in the event of loss or destruction while in the custody of the Owner’s Project Manager until the final fee payment is made or all data is turned over to the Owner, and this coverage shall include coverage for relevant electronic media, including, but not limited to, documents stored in computer-aided design drafting (CADD) systems. 
 20 13.8 Professional Liability. 
The Owner’s Project Manager shall maintain professional liability insurance covering errors and omissions and negligent acts of the Owner’s Project Manager and of any person or entity for whose performance the Owner’s Project Manager is legally liable at all times while services are being performed under this Agreement. Certificates of professional liability insurance evidencing such coverage shall be provided to the Owner on or before the effective date of this Agreement and for a period of at least six years after the earlier of: (1) the date of official acceptance of the completed Project by the Owner; (2) the date of the opening of the Project to public use; or (3) the date of substantial completion of the Construction Contract and the taking of possession of the Project for occupancy by the Owner. The certificates shall indicate a retroactive date that is no later than the effective date of this Agreement and a limit of not less than $2,000,000. 13.9 Umbrella Liability - Following the same form as the underlying general liability, automobile liability and employer’s liability with a minimum limit of $2,000,000 per occurrence, $2,000,000 aggregate. The Owner shall be named as additional insured on this policy. 13.10 Liability of the Owner’s Project Manager. 
Insufficient insurance shall not release the Owner’s Project Manager from any liability for breach of its obligations under this Agreement. Without limitation, the Owner’s Project Manager shall bear the risk of any loss if its valuable papers insurance coverage is insufficient to cover the loss of any work product covered by this Agreement. 
 ARTICLE 14: OWNERSHIP OF DOCUMENTS 14.1 All reports, drawings, plans and other data and material, including computer programs and other material in electronic media (collectively, “Materials”) furnished to the Owner shall become the Owner’s property and may be used by the Owner (or such parties as the Owner may designate) thereafter in such manner and for such purposes as the Owner (or such parties as the Owner may designate) may deem advisable, without further employment of or additional compensation to the Owner’s Project Manager. The Owner’s Project Manager shall not release or disclose to any third party any Materials produced for the Owner without obtaining the Owner’s prior written consent. At no time shall the Owner’s Project Manager release or disclose to any third party any Materials furnished to the Owner’s Project Manager by the Owner in connection with the performance of the Owner’s Project Manager’s Services. Upon the expiration or termination of this Agreement for any reason, all Materials and other work product that have been accumulated, developed or prepared by the Owner’s Project Manager (whether completed or in process) shall become property of the Owner and the Owner’s Project Manager shall immediately deliver or otherwise make available such Materials to the Owner. ARTICLE 15: REGULATORY AND STATUTORY REQUIREMENTS 15.1 Truth-in-Negotiations Certificate: If the Owner’s Project Manager’s fee is negotiated, by signing this Agreement, the Owner’ s Project Manager hereby certifies to the following: 21 15.1.1 Hourly billing rates and other costs used to support the Owner’s Project Manager’s compensation are accurate, complete, and current at the time of contracting; and 
 15.1.2 The Contract price and any additions to the Contract may be adjusted within one year of completion of the Contract to exclude any significant amounts if the Owner determines that the fee was increased by such amounts due to inaccurate, incomplete or non-current wage rates or other costs. 
 15.2 The person signing this Agreement certifies, as a principal or director of the Owner’s Project Manager, that the Owner’s Project 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 this Agreement; no consultant to or Subconsultant for the Owner’s Project Manager has given, offered or agreed to give any gift, contribution or offer of employment to the Owner’s Project Manager, or to any other person, corporation, or entity as an inducement for, or in connection with, the award to the Owner’s Project Manager or Subconsultant of a contract by the Owner’s Project Manager; and no person, corporation or other entity, other than a bona fide full-time employee of the Owner’s Project Manager, has been retained or hired by the Owner’s Project Manager to solicit for or in any way assist the Owner’s Project Manager in obtaining this Agreement upon an agreement or understanding that such person, corporation or other entity be paid a fee or other consideration contingent upon the award of this Agreement. 
 15.3 Pursuant to Massachusetts General Laws, Chapter 62C, Section 49A, the undersigned certifies under the penalties of perjury that to the best of his/her knowledge and belief that the Owner’s Project Manager and the principals thereof are in compliance with all laws of the commonwealth relating to taxes, reporting of employees and contractors, and withholding and remitting child support. 
 15.4 The Owner’s Project Manager hereby certifies that it is in compliance with the provisions of General Laws Chapter 268A whenever applicable. The Owner’s Project Manager covenants that (1) he/she presently has no financial interest and shall not acquire any such interest direct or indirect, which would conflict in any manner or degree with the services required to be performed under this Agreement or which would violate M.G.L. Chapter 268A, as amended from time-to-time; (2) in the performance of this Agreement, no person having any such interest shall be employed by the Owner’s Project Manager; and (3) no partner or employee of the firm is related by blood or marriage to any officer, official, or employee of the Owner, unless approved by the State Ethics Commission. 15.5 Equal Opportunity: The Owner’s Project Manager shall not discriminate in employment against any person on the basis of race, color, religion, national origin, sex, sexual orientation, age, ancestry, disability, marital status, veteran status, membership in the armed forces, presence of children, or political beliefs. The Owner’s Project Manager shall comply with all provisions of Title VI of the Civil Rights Act of 1964 and M.G.L c.151B. 
 15.6 Certification of Non-Collusion: The Owner’s Project Manager certifies under 22 penalties of perjury that its proposal has been made in and submitted in good faith and without collusion or fraud with any other person. As used in this certification, the word “person” shall mean any natural person, business, partnership, corporation, union, committee, club, or other organization, entity, or group of individuals. 
 15.7 Governing Law: This Agreement shall be governed by the laws of the Commonwealth of Massachusetts. 
 15.8 Dispute Resolution: If a dispute arises between the parties related to this Agreement, the parties agree to use the following procedures to resolve the dispute: 15.8.1 Negotiation. A meeting shall be held between representatives of the parties with decision-making authority regarding the dispute to attempt in good faith to negotiate a resolution of the dispute; such meeting shall be held within fourteen calendar days of a party’s written request for such a meeting; 15.8.2 Litigation. If the parties fail to resolve the dispute through negotiation, then either party may file suit in accordance with Article 15.9. 15.8.3 Mediation. The Owner may, in its sole discretion, submit any dispute to mediation in lieu of or prior to litigation. The Parties shall bear equally the costs of any such mediation. This paragraph 15.8 shall survive termination of this Agreement. 15.9 Venue: Any suit by either party arising under this Agreement shall be brought only in a court of competent jurisdiction in the county where the Project is located. The parties hereto waive any argument that this venue is improper or that the forum is inconvenient. 
 15.10 Limited Liability. No officer, director, member, employee, or other principal, agent or representative (whether disclosed or undisclosed) of the either party, nor any participant with either party, shall be personally liable to the other party hereunder, for that party’s obligations. The Owner’s Project Manager hereby agrees to look solely to the assets of the Owner for the satisfaction of any liability of the Owner hereunder. In no event shall the Owner ever be liable to the Owner’s Project Manager for indirect, incidental or consequential damages. 15.11 No Waiver. The Owner’s review, approval, acceptance or payment for Services under this Agreement shall not operate as a waiver of any rights under this Agreement and the Owner’s Project Manager shall be and remain liable to the Owner for all damages incurred by the Owner as the result of the Owner’s Project Manager’s failure to perform in conformance with the terms and conditions of this Agreement. The rights and remedies of the Owner provided for under this Agreement are in addition to any other rights or remedies provided by law. The Owner may assert a right to recover damages by any appropriate means, including but not limited to set-off, suit, withholding, recoupment, or counter-claim either during or after performance of this Agreement. 23 15.12 Interpretation. If any provision of this Agreement shall to any extent be held invalid or unenforceable, the remainder of this Agreement shall not be deemed affected thereby. Paragraph headings are included herein for reference purposes only and in no way define, limit or describe the scope or intent of any of the provisions of this Agreement. 15.13 Confidentiality. The Owner’s Project Manager shall not, without the Owner’s prior written consent, release or disclose any information relating to the Project to anyone except as necessary to perform its duties hereunder. This section shall not apply to information in whatever form that comes into the public domain, nor shall it restrict the Owner’s Project Manager from giving notices required by law or complying with an order to provide information or data when such order is issued by a court, administrative agency or other authority with proper jurisdiction. Turner & Townsend Heery, LLC 300 Brickstone Square, Suite 201 Andover, MA 01810 www.heery.com May 21, 2025 Jayne Wellman Assistant Town Manager Town of Reading 16 Lowell Street, Reading, MA 01867 RE: Reading RECAL Project – Continuation of OPM Services Dear Jayne, Over the past week we have reviewed and discussed our proposal with Pat Tomkins and we are pleased to be able to offer our revised proposal for the OPM Services for the RECAL project. Based on these discussions and a change to the interpretation of the schedule we offer the revised fee of Eight Hundred Forty-Five Thousand Eight Hundred and Fifty-Six Dollars ($845,856.00). We have based this on the following in discussion with Pat. 1. The over schedule has been reduced by (3) months by reducing the (18) month construction schedule we carried to (15) months. 2. It is our understanding that this has been reviewed with BH+A 3. If the schedule is extended, we will have the opportunity to request additional fees. The attached breakdown also demonstrates the level of effort we are proposing to provide for each staff member based on the schedule outline. Financial Stability In your recent email of May 20, 2025 you also requested we provide an update to the financial stability of Turner & Townsend Heery since our original proposal last year. We are pleased to state that our financial stability has not changed and that are company continues to remain strong and growing. Our parent company, CBRE, provides Turner & Townsend Heery with all the financial backing of a Fortune 500 company. CBRE Group, Inc. is traded on NYSE as “CBRE”; all SEC filings demonstrating the company’s financial strength are Turner & Townsend Heery publicly available at ir.cbre.com. Our balance sheets and income statements are provided on the following page. Upon request we can provide the entire 310-page document. We are excited about continuing to provide Owners Project Management services to the RECAL project. If you have any questions or desire any additional information, please contact me at chuck.adam@turntown.com or at 978.500.5435. Chuck Adam Vice-President Turner & Townsend Heery, LLC Cc: Pat Tomkins, Chair Permanent Building Committee Peter Collins, Turner & Townsend Heery Mark Stafford, Turner & Townsend Heery Attachments: CBRE Group Inc Consolidate Balance Sheets Fee Breakdown with Schedule Internal Only#5/21/2025Phase Phase Duration TOTALMonths Weeks Ratehours/ weektotal/phase Ratehours/ weektotal/phase Ratehours/ weektotal/phase Ratehours/ weektotal/phaseDesign Development 3 13 2152.05,586 16520.042,867 9516.019,745 125 - 68,198$ Design Development Construction Documents4 17 2154.014,895 16516.045,725 957.011,518 125 - 72,138$ Construction DocumentsContractor Prequalification4 17 2150.0- 1658.022,862 958.013,163 125 - 36,026$ Contractor PrequalificationBidding Phase2 9 2152.03,724 16516.022,862 9516.013,163 125 - 39,749$ Bidding PhaseConstruction Phase1565 215 - 1658.085,734 9520.0123,405 12540.0 324,750 533,889$ Construction PhaseClose-out Phase313 215 - 1654.08,573 9512.014,809 12520.0 32,475 55,857$ Close-out PhaseTotal Labor805,856$ Cost Estimates40,000$ Total Fee845,856$ 27,900,000$ 3.03% of Total Project Costs845,856$ 23,720,000$ 3.57% of Construction Costs988,650.00 40,000.00 1,028,650.00 OPM Fees for the READING CENTER FOR ACTIVE LIVING MarwanMarkPeter Nina 11Marguerite E. Peaslee School | OPM Services Table of Contents CBRE GROUP, INC. CONSOLIDATED BALANCE SHEETS (Dollars in millions, except share data) December 31, 2023 2022 ASSETS Current Assets: Cash and cash equivalents $1,265 $1,318 Restricted cash 106 87 Receivables, less allowance for doubtful accounts of $102.0 and $92.4 at December 31, 2023 and 2022, respectively 6,370 5,327 Warehouse receivables 675 455 Contract assets 443 392 Prepaid expenses 333 311 Income taxes receivable 159 82 Other current assets 315 557 Total Current Assets 9,666 8,529 Property and equipment, net of accumulated depreciation and amortization of $1,576.1 and $1,386.3 at December 31, 2023 and 2022, respectively 907 836 Goodwill 5,129 4,868 Other intangible assets, net of accumulated amortization of $2,178.9 and $1,915.7 at December 31, 2023 and 2022, respectively 2,081 2,193 Operating lease assets 1,030 1,033 Investments in unconsolidated subsidiaries (with $997.3 and $973.6 at fair value at December 31, 2023 and 2022, respectively)1,374 1,318 Non-current contract assets 75 137 Real estate under development 300 172 Non-current income taxes receivable 78 52 Deferred tax assets, net 361 266 Other assets, net 1,547 1,109 Total Assets $22,548 $20,513 LIABILITIES AND EQUITY Current Liabilities: Accounts payable and accrued expenses $3,562 $3,079 Compensation and employee benefits payable 1,459 1,459 Accrued bonus and profit sharing 1,556 1,691 Operating lease liabilities 242 230 Contract liabilities 298 276 Income taxes payable 217 184 Warehouse lines of credit (which fund loans that U.S. Government Sponsored Enterprises have committed to purchase)666 448 Revolving credit facility — 178 Other short-term borrowings 16 43 Current maturities of long-term debt 9 428 Other current liabilities 218 226 Total Current Liabilities 8,243 8,242 Long-term debt, net of current maturities 2,804 1,086 Non-current operating lease liabilities 1,089 1,080 Non-current income taxes payable 30 55 Non-current tax liabilities 157 149 Deferred tax liabilities, net 255 282 Other liabilities 903 1,013 Total Liabilities 13,481 11,907 Commitments and contingencies — — Equity: CBRE Group, Inc. Stockholders’ Equity: Class A common stock; $0.01 par value; 525,000,000 shares authorized; 304,889,140 and 311,014,160 shares issued and outstanding at December 31, 2023 and 2022, respectively 3 3 Additional paid-in capital — — Accumulated earnings 9,188 8,833 Accumulated other comprehensive loss (924)(983) Total CBRE Group, Inc. Stockholders’ Equity 8,267 7,853 Non-controlling interests 800 753 Total Equity 9,067 8,606 Total Liabilities and Equity $22,548 $20,513 The accompanying notes are an integral part of these consolidated financial statements. 55 Table of Contents CBRE GROUP, INC. CONSOLIDATED STATEMENTS OF OPERATIONS (Dollars in millions, except share and per share data) Year Ended December 31, 2023 2022 2021 Revenue $31,949 $30,828 $27,746 Costs and expenses: Cost of revenue 25,675 24,239 21,580 Operating, administrative and other 4,562 4,649 4,074 Depreciation and amortization 622 613 526 Asset impairments — 59 — Total costs and expenses 30,859 29,560 26,180 Gain on disposition of real estate 27 244 71 Operating income 1,117 1,512 1,637 Equity income from unconsolidated subsidiaries 248 229 619 Other income (loss)61 (12)204 Interest expense, net of interest income 149 69 50 Write-off of financing costs on extinguished debt — 2 — Income before provision for income taxes 1,277 1,658 2,410 Provision for income taxes 250 234 568 Net income 1,027 1,424 1,842 Less: Net income attributable to non-controlling interests 41 17 5 Net income attributable to CBRE Group, Inc.$986 $1,407 $1,837 Basic income per share: Net income per share attributable to CBRE Group, Inc.$3.20 $4.36 $5.48 Weighted average shares outstanding for basic income per share 308,430,080 322,813,345 335,232,840 Diluted income per share: Net income per share attributable to CBRE Group, Inc.$3.15 $4.29 $5.41 Weighted average shares outstanding for diluted income per share 312,550,942 327,696,115 339,717,401 The accompanying notes are an integral part of these consolidated financial statements. 56 Table of Contents CBRE GROUP, INC. CONSOLIDATED STATEMENTS OF COMPREHENSIVE INCOME (Dollars in millions) Year Ended December 31, 2023 2022 2021 Net income $1,027 $1,424 $1,842 Other comprehensive income (loss): Foreign currency translation gain (loss)111 (409)(159) Amounts reclassified from accumulated other comprehensive loss to interest expense, net of $0.1, $0.1 and $0.2 income tax expense for the years ended December 31, 2023, 2022 and 2021, respectively — — — Unrealized holding losses on available for sale debt securities, net of $0.1 income tax expense and $1.8 and $0.4 income tax benefit for the years ended December 31, 2023, 2022 and 2021, respectively — (6)(2) Pension liability adjustments, net of $0.7, $5.2 and $8.3 income tax expense for the years ended December 31, 2023, 2022 and 2021, respectively 2 (15)35 Other, net of $3.8 income tax benefit and $1.0 and $0.7 income tax expense for the years ended December 31, 2023, 2022 and 2021, respectively (18)(6)3 Total other comprehensive income (loss)95 (436)(123) Comprehensive income 1,122 988 1,719 Less: Comprehensive income (loss) attributable to non-controlling interests 77 (78)(7) Comprehensive income attributable to CBRE Group, Inc.$1,045 $1,066 $1,726 The accompanying notes are an integral part of these consolidated financial statements. 57 P:\3513 Reading CAL\doc\contract\client\2025 0525 contract amendment #1.docx Amendment #1 date: May 23, 2025 project name & number: Reading Center for Active Living (“ReCAL”) (#3531) amendment to: Town of Reading Contract for Services, Agreement for Design Services December 4, 2024 The amendment is a cost schedule for services beyond the completed schematic design phase. The contract is a fixed fee project. Work will be billed as a percentage of work completed each month against the following breakdown. BASIC SERVICES phase compensation Design Development $600,000 Construction Documents $600,000 Bidding $9,000 Construction Administration $550,000 Audio Visual & Technology Design $28,000 Furniture, Fixtures and Equipment $45,000 TOTAL $1,832,000 REIMBURSABLE EXPENSES Reimbursable expenses including required specialty consultant services will be billed if, and when they are utilized. item cost Geotechnical Engineering $9,000 Survey & Street Acceptance Plan $15,000 Wetland Consultant (ConCom) $15,000 Arborist Tree Survey (ConCom) $5,000 Traffic Impact Analysis $10,000 Energy Model & Life Cycle Assessment $20,000 Printing Allowance $10,000 TOTAL $84,000 May 23, 2025 Bargmann Hendrie + Archetype, Inc. date Town of Reading date