To further maximize resources, the MSBA has formalized and streamlined the beginning of its grant process with the establishment of an Eligibility Period, which has and will continue to result in several benefits to the District and the MSBA. The Eligibility Period assists the MSBA with managing its financial resources by identifying early in the process whether a District is ready to manage and fund a capital project. It will help to determine a District’s financial and community readiness to enter the capital pipeline. It will also assist Districts locally by providing a definitive schedule and identifying needs for planning and budgeting.

A vote of the MSBA Board of Directors to invite a District into the Eligibility Period is based on a review of the District’s Statement of Interest ("SOI") and staff due diligence and recommendation. The vote initiates a 270-day period for the District to complete certain preliminary requirements that include: 1) a certification of the District’s understanding of the grant program rules by executing an Initial Compliance Certification; 2) forming a School Building Committee and submitting the membership to the MSBA for acceptance; 3) completing an Educational Profile Questionnaire to further inform the MSBA’s understanding of the District’s current and proposed educational facilities, teaching methodology, grade configurations and program offerings; 4) a summary of the District’s existing maintenance practices; 5) certification of a design enrollment for the proposed project agreed upon with the MSBA (may not be applicable for Repair Assessments depending on the proposed scope of work); 6) confirmation of community authorization and funding to proceed (see MSBA Vote Requirements); and, 7) execution of the MSBA’s standard Feasibility Study Agreement, which establishes a process for the District to be reimbursed for eligible expenses.

Districts that are able to successfully complete the preliminary requirements in less than 270 days may receive an invitation earlier than 270 days, as determined by the MSBA. An invitation to the Eligibility Period is not an invitation to Feasibility Study and it does not guarantee an invitation to the MSBA’s capital pipeline. Districts that do not successfully complete the preliminary requirements within the 270-day period will have to re-file an SOI during the next open SOI filing period.

The MSBA’s program for school building construction and renovation grants is a non-entitlement competitive grant program. Grants are distributed by the MSBA’s Board of Directors based on need and urgency, as expressed by the District and validated by the MSBA. Submitting an SOI is the critical first step in the MSBA’s program for school building construction and renovation grants.

Schedule of Deliverables

Invitation into Eligibility Period/Schedule of Deliverables

Feasibility Study Vote - Certificate of the Secretary

Initial Compliance Certification (submitted to MSBA on 7/17/18)

Education Profile Questionnaire (submitted to MSBA on 9/14/18)

Online Enrollment Projection (submitted to MSBA on 9/17/18)

Maintenance and Capital Planning Record (submitted to MSBA on 10/12/18)

Enrollment Letter (submitted to MSBA on 4/12/19)

Once all of the Pre-Requisites have been completed to the satisfaction of the MSBA, the District procures the team of professionals utilizing MSBA specific procurement processes and standard Request for Services ("RFS") templates and Contracts to work with the District as the proposed project advances through the MSBA’s grant process.

• Owner's Project Manager (OPM) Process

• Designer's Selection Panel (DSP) Process

• MCPPO Certification/Recertification Requirements

Documents:

• GFRVSD Request for Services for OPM (Owner's Project Manager)

•  GFRVSD Request for Services (Designer)

Based upon the completed Feasibility Study and the steps outlined in Module 4 – Schematic Design, the District and MSBA staff establish and document the project scope, budget, schedule, and MSBA financial participation to forward to the MSBA Board of Directors for their approval. Approval by the MSBA Board of Directors establishes the MSBA participation in the proposed project. Module 5 – Funding the Project provides guidance on MSBA vote language and outlines the steps necessary to be completed by the District to enter into a Project Scope and Budget Agreement and a Project Funding Agreement with the MSBA. The District should utilize the Module 5 – Funding the Project Completion Checklist to ensure that it has completed all steps.

Upon Board approval of a proposed project, the District and the MSBA may enter into a Project Scope and Budget Agreement that defines the project scope, budget, schedule, and potential MSBA participation in the project. Once the District secures community authorization and financial support, the MSBA and the District enter into a Project Funding Agreement, which also defines the scope, budget and schedule for the project. Once a Project Funding Agreement is executed, the District can begin submitting requests for reimbursement to the MSBA for project costs beyond the feasibility study.

Please refer to this letter from the Division of Local Services regarding project cash flows:

• DLS Memo re Project Cashflows and Impact on Free Cash

Design Development, Construction Documentation, and Bidding: The District and its team continue to advance the project and the MSBA continues to monitor the project to ensure it remains on track and meets the expectation of both the District and the MSBA as defined in the Project Funding Agreement. In general terms, the MSBA ensures that the project team works within the requirements contained in the MSBA’s Base Contracts and Base Contract Amendments for OPM and Designer Services. Additionally, the MSBA assigns a Commissioning Agent to the project who facilitates an intensive quality assurance process and ensures that the new or renovated building operates efficiently and as the owner intended. Specifically, the District and its team generate construction documents which are reviewed by the MSBA in accordance with the requirements prescribed in the above-mentioned contracts. 

In addition, as set forth in the Project Funding Agreement, the District is responsible for meeting all of the applicable procurement requirements in connection with its project, which may include M.G.L. c. 30 §§ 39F, 39J, 39K, 39N, 39O, 39P and 39R; c. 70B; c. 149; chapter 193 of the Acts of 2004; and all other applicable provisions of federal, state, and local law. The Department of Labor Standards ("DLS") is responsible for  determining if and when payment of prevailing wages is required. For contracts requiring payment of prevailing wages, the awarding authority (the school district) must request a prevailing wage schedule from DLS at www.mass.gov/dols. In addition, bidders and proposers must agree to comply with the Prevailing Wage Law, as administered by the DLS.
 
Please be advised that payment of prevailing wages may be required for certain statewide and department contracts available on the Commonwealth Procurement and Solicitation System (Comm-PASS).  Districts also should consult with their counsel to ensure that they are using a statewide or department contract properly. If a particular commodity or service is not clearly covered by a statewide or department contract, then the District likely will have to competitively procure that commodity or service separately. Statewide contracts with construction components worth over $10,000 must be competitively bid under M.G.L. c. 149. 

Questions regarding the use of statewide or department contracts generally may be answered by calling the Operational Services Division at 617-720-3300 or by accessing OSD’s website www.mass.gov/osd.  Questions regarding the Prevailing Wage Law may be answered by accessing the DLS website www.mass.gov/dols or by calling the DLS Prevailing Wage Program at 617-626-6953. 

The MSBA monitors the projects against the total project budget throughout the Design Development, Construction Documentation, and Bidding Phases using the MSBA’s Cost Estimate Comparison Form, which must be updated by the OPM and included in each design submission. Following the award of the construction contract, the MSBA works with the district and its consultants to develop a revised project budget that reflects actual bid costs. The Project Funding Agreement will then be amended to reflect the revised budget. If at any point during the project, the District chooses to make changes to key personnel on the project team, these changes must be approved in writing by the MSBA.

In accordance with the contract for Project Management Services, for each submittal to the MSBA, the Designer and District must transmit the required materials to the OPM. The OPM shall compile the submittal with the items indicated in the Designer and OPM Contracts, confirm that the District’s School Building Committee has officially approved the submittal, and verify its completeness and conformity to MSBA requirements.  All required documents should be grouped into one submittal for delivery to the MBSA and the OPM shall then forward this submittal to the assigned MSBA Project Coordinator along with a separate cover letter signed by the OPM.

The cover letter shall include a certification from the OPM that (1) the OPM has reviewed and coordinated the materials; (2) the submittal is complete; (3) the Proposed Project as documented within each submittal is within the District’s Budget, and (4) the District has approved the materials for submission to the MSBA. The MSBA will review each submittal for the following phases in accordance with the review comment templates labeled Design Development, 60% Construction Document, and 90% Construction Document:

• Design Development
• 60% Construction Document
• 90% Construction Document

These same templates can also be found on our Policies, Forms & Guidelines page under "Design Submission Review Comment Templates." Please refer to these templates for each project and submittal to ensure that all required information is included in each submission.

For the Design Development, 60% Construction Document, and 90% Construction Document submittals please provide; two (2) copies of the binder of materials per the review comments templates, two (2) complete sets of bound drawings not exceeding 18” X 24”, two (2) copies of the project manual, and two (2) electronic files in PDF format (thumb drives or compact disks).

It is important that the district and the project team keep the line items in its budget as submitted in Pro-Pay aligned with the real costs being spent on the project. Inaccurate budgets can result in delayed reimbursements and disallowed costs. In order to align line items in reimbursement requests with Pro-Pay codes and the PFA, the MSBA provides several tools for the district’s use including: a sample standardized Schedule of Values; a PFA Bid Amendment Worksheet; and a Budget Revision Request.

In addition to keeping the budget up to date in Pro-Pay, the District must also maintain an up-to-date project schedule, submitted monthly by the OPM together with the OPM Report. Within two weeks of the District’s approval of the General Contractor’s or Construction Manager’s construction schedule, the project schedule should be updated to contain all of the schedule activities required by Module 4 – Schematic Design, Section 4.1.2, plus the additional enumerated Module 7 Schedule Activities. This project schedule must be kept up-to-date and submitted to the MSBA monthly with the OPM Report.

Project teams are reminded that the DCAMM Standard Contractor Evaluation Form must be completed at fifty percent project completion and at final completion of the project. The District must also complete and file with the MSBA, the MSBA 50% DCAMM Notification and 100% DCAMM Notification. Please see Project Advisory 33 for more information on MSBA DCAMM Notifications.

Please note, the awarding authority (District) is responsible for monitoring the Contractor’s compliance with Massachusetts prevailing wage requirements pursuant to M.G.L. c. l49 §§ 26 to 27H inclusive, and, pursuant to the terms of its contract, the Owner’s Project Manager is responsible for assisting the awarding authority with such monitoring, including cataloging and filing payroll affidavits.

Documents

• 50% DCAMM Notification

• 100% DCAMM Notification

• PFA Bid Amendment Worksheet

• Budget Revision Requests

• Change Order Review Log

• January 2015 Manual for the Eligibility Review of Change Orders

• GMP Contingency Log

• Module 7 – Construction Manual

• Schedule of Values

Steps to Project Closeout and Final Payment

As the project nears completion, and the contractor is finishing the punchlist and demobilizing the site, the District should begin the process that will result in the MSBA making the final payment to the District. Once a project reaches substantial completion, the MSBA will send the District an email describing the closeout process and a Closeout Questionnaire for the District to complete to help us better understand the status of the project; the email will also include an Index of Final Closeout Audit Material required for the closeout of the specific project. The required closeout forms (see below) differ slightly based on the type of project (new construction, Accelerated Repair Program, Science Lab Initiative, etc.) but the closeout process shares most of the same steps.

The following issues are an integral part of the process of project closeout:

• Confirm that all executed Project Funding Agreement (PFA) amendments have been entered in Pro-Pay system.

• Confirm that the Project Budget in the Pro-Pay system matches the approved budget in the MSBA Agreement (Attachment A).
   
• Confirm that copies of all contract amendments (OPM, Designer, General Contractor) have been forwarded to the MSBA.

• Submit final change orders, Budget Revision Requests (BRRs) for all soft and hard costs and reconcile the use of Guaranteed Maximum Price (GMP) contingency (if applicable to the project) with the MSBA.

• Confirm that the submittals to achieve CHPS/LEED certification are in process (if applicable to the project) and will be completed by the due date for district submittal of final costs and audit checklist.

• Confirm that the 10 month Commissioning site visit (if applicable to the project) will be completed and the Commissioning Certificate signed by the due date for district submittal of final costs and audit checklist.

Once all of the project costs have been paid by the District, the District should submit its Final Request for Payment Reimbursement via the Pro-Pay system. After the District has submitted its Final Request for Payment Reimbursement and all the items identified on the Index of Final Closeout (see below), the MSBA can initiate the Draft Audit Report and send it to the District for its consideration. The MSBA performs the final audit to determine final total grant amounts and make the final payment.
 
To properly prepare for Final Closeout Audit, the MSBA has set deadlines for receipt of all required closeout documentation and completion of all required closeout activities. For consideration of final audit at an upcoming Board meeting, all submissions must be received by the MSBA, by the deadlines noted in the table below. Incomplete submissions will be returned to the District, and will not initiate the Final Closeout Audit process. Please note that final audits may take time and require additional materials and reconciliation of costs between the district and the MSBA. Submission by the deadline does not guarantee a district that its final audit will be presented at that board meeting.

Target Board Data Table

The MSBA will make the final 5% grant payment after the District has accepted the Draft Audit Report; the District has completed and submitted the required closeout documents; and the MSBA Board has approved the final Total Facilities Grant for the project.

Please refer to this letter from the Division of Local Services regarding project cash flows:

• DLS Memo re Project Cashflows and Impact on Free Cash

Closeout Audit Forms

A checklist of documents and activities required before the MSBA can commence the Final Closeout Audit process can be found here: Checklist of Final Closeout Audit Required Documents & Activities. This index is sent to the district when its project reaches substantial completion. The MSBA may require additional project-specific documentation beyond that listed in the checklist. To properly prepare for Final Closeout Audit, the MSBA has set deadlines for receipt of all require Closeout activities. Incomplete submissions will be returned to the District, and will not initiate the Final Closeout Audit process.

The MSBA forms may be accessed via the links below. These forms are designed to be filled in electronically, printed, signed and submitted to the MSBA as email attachments or via the US Mail.

• MSBA Pre-Closeout Questionnaire (New or Add/Reno projects)
• MSBA Closeout Questionnaire (All Repair Projects)
• MSBA Final Request and Certificate for Reimbursement (All Projects)
• MSBA Commissioning Certificate of Completion - Non-Repairs (for Projects having a 10 mo. Cx re-inspection)
• MSBA Commissioning Certificate of Completion - Accelerated/Green Repairs (for Projects NOT having a 10 mo. Cx re-inspection)
• MSBA Certificate of Sustainable School Achievement (For Projects pursuing MA CHPS or LEED designation)
• MSBA Milestone Schedule (New or Add/Reno projects)
• MSBA Sources and Uses Form (All Projects)
• 100% DCAMM Notification (All Projects)

*Additional forms may be sent to the District for completion of the Closeout Audit Process.

Process for Accepting the Draft Audit Report

Upon receipt of a Draft Audit Report, a District has 10 business days from the date the MSBA sends the MSBA Draft Audit Report by email to accept or not accept the Draft Audit Report by completing the Acceptance/Non-Acceptance Form.

If a District accepts the Draft Audit Report, the district must submit the Acceptance Form within 10 business days from the date the MSBA sent the Draft Audit Report. The Draft Audit Report will then be submitted to the MSBA Board of Directors for its consideration and approval. Upon approval by the Board, the audit results will be considered final, and the MSBA will make the final grant payment, if any, to the District. Failure to submit an Acceptance Form within the 10 business day deadline will likely result in a delay of final audit approval by the Board of Directors.

If the District chooses NOT to accept the Draft Audit Report, the District must submit a signed Non-Acceptance Form within 10 business days from the date the MSBA sent the Draft Audit Report. In addition, a District must submit in writing, to Tamia Buckingham, Director of Audit, new documentation and a summary of the disputed issues/costs within 20 business days from the date the MSBA sent the Draft Audit Report. The MSBA will review this additional information only if these deadlines are met. Each District that submits a timely Non-Acceptance Form and supporting documentation may have the opportunity to meet with certain staff members of the MSBA before the audit results are submitted to the MSBA Board for its consideration. Once the Board has voted on the audit results, the results will be considered final, and the MSBA will make the final grant payment, if any, to the District.

If the MSBA does not receive the required Non-Acceptance Form and related materials within the above-specified time frame, the Draft Audit Report will be submitted to the MSBA Board for its consideration and approval. Once the Board has voted on the audit results, the results will be considered final, and the MSBA will make the final grant payment, if any, to the District.