Section 22. There shall be assigned to every building project under the supervision of the office a resident engineer. Resident engineers may be hired as permanent employees subject to chapter 31 or as consultants exempt from said chapter 31. No person shall be employed as a resident engineer unless at the time thereof said person shall have had at least 10 years experience in the construction and supervision of construction of buildings, or shall have at degree in engineering, architecture or a field providing equivalent expertise and at least 5 years such experience.
The resident engineer shall represent the commonwealth daily on the site of construction projects and shall be responsible for checking, inspecting and reporting to the project manager on a regular basis both in writing and orally as to events at the construction site and shall send copies of written reports to the designer on a regular basis.
The project manager may delegate to the resident engineer, subject to approval by the director, notice in writing to all parties in interest, and limits otherwise imposed by this chapter, the authority to make decisions regarding plans, specifications, and materials; the authority to represent the project manager at job meetings; and the authority to order minor changes and make equitable adjustments in the contract price.
The resident engineer shall report in writing to the project manager all problems, disputes, complaints or questions from or concerning designers, contractors or other personnel involved in the project.
There shall be assigned to every project under the control and supervision of the office a cost estimator, who shall be responsible for reviewing all project costs. Cost estimators may be hired as permanent employees subject to chapter 31 or as consultants exempt from said chapter 31.
Cost estimators shall have proven ability and experience in construction cost estimating and shall be familiar with various approaches to cost estimating, including but not limited to conceptual and preliminary estimating designed to provide budget and planning guidance in the early stages of a project, labor-cost estimating, fair cost estimating prepared from completed plans and specifications, contractors' bid estimating and definitive or detailed estimating.
The cost estimator, working in cooperation with using agencies requesting projects, shall provide estimates of the costs of proposed projects. The cost estimator shall review all cost projections for studies, programs and designs, as well as contractors' cost estimates. The cost estimator shall review change order estimates, cost and pricing data, payment schedules and progress payment requests, and make recommendations to the project manager at the project manager's directive.
Public agencies other than political subdivisions of the commonwealth that conduct building projects outside the jurisdiction of the division of capital asset management and maintenance as provided in section 4 may request assignment of a project manager, resident engineer or cost estimator employed by the office of project management. Such assignment shall be subject to approval by the commissioner. Any agency making use of the office's staff on a project outside the normal jurisdiction of the office shall reimburse the office for all expenses incurred, including salaries and overhead. The director shall recommend to the commissioner regulations governing fees to be paid by public agencies for use of the office's services on projects outside its normal jurisdiction.
Structure Massachusetts General Laws
Part I - Administration of the Government
Title II - Executive and Administrative Officers of the Commonwealth
Chapter 7c - Capital Asset Management and Maintenance
Section 1 - Definitions Applicable to This Chapter and Chapter 29
Section 3 - Coordination of Capital Facility Project Plans and Programs
Section 7 - Court Facilities Acquisition, Control, Disposition, etc.; Director of Court Facilities
Section 10 - Advisory Council on Capital Asset Management and Maintenance
Section 11 - Office of Programming; Director of Programming
Section 12 - Duties and Responsibilities of Director of Programming
Section 13 - Office of Project Management; Director of Project Management
Section 14 - Duties and Responsibilities of Director of Project Management
Section 17 - Change Orders or Other Contract Modifications
Section 18 - Request for Change Order; Approval or Disapproval; Appeal
Section 21 - General Principles Applicable to Equitable Adjustments
Section 22 - Resident Engineers
Section 23 - Acceptance of Federal Funds or Assistance
Section 25 - Control of Supervision of Projects by the Director of Facilities Management
Section 28 - Duties and Responsibilities of Director of Facilities Management
Section 30 - Evaluation of Energy Consumption of Buildings and Their Major Energy Using Systems
Section 34 - Procedure for the Disposition of Real Property by Sale, Rental or Otherwise
Section 35a - Termination of Lease for Nonappropriation or Nonallotment; Renegotiation of Lease
Section 40 - Rules and Regulations for the Acquisition, Utilization and Disposition of Real Property
Section 42 - Reporting of Lease or Any Agreement for Tenancy at Will or Other Rental of Space
Section 45 - Designer Selection Board
Section 46 - Jurisdiction of Designer Selection Board; Exemptions From Jurisdiction
Section 47 - Public Notice Requirements for Contracts for Design Services
Section 52 - Appointment of Designer or Interior Designer for Continued or Extended Services
Section 53 - Expedited Selection Procedures Upon Declaration of Emergency Situation
Section 54 - Adoption of Written Selection Procedure Prior to Award of Contract for Design Services
Section 57 - Adoption of Procedures and Regulations to Implement Secs. 44 to 58
Section 59 - Study or Program Required Prior to Contracting for Design or Construction Services
Section 62 - Contingency Funds or Accounts
Section 63 - Capital Facility Planning Fund
Section 64 - Long-Range Capital Facilities Development Plans
Section 65 - Required Content of Long-Range Capital Facilities Development Plans
Section 69 - Design and Construction Contingency Reserve Account
Section 70 - Emergency Repair Reserve Account
Section 72 - Annual Reporting by Commissioner to Governor and General Court