Massachusetts General Laws
Chapter 7c - Capital Asset Management and Maintenance
Section 22 - Resident Engineers

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

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 2 - Commissioner of Capital Asset Management and Maintenance; Appointment; Duties and Responsibilities

Section 3 - Coordination of Capital Facility Project Plans and Programs

Section 4 - Jurisdiction of Division of Capital Asset Management and Maintenance Over Capital Facility Projects

Section 5 - Building Project Control and Supervision by Commissioner; Delegation of Project Control and Supervision to State Agency or Building Authority

Section 6 - Affirmative Marketing Program to Ensure Fair Participation of Minority-Owned and Women-Owned Businesses on Capital Facility Projects and State Assisted Building Projects

Section 7 - Court Facilities Acquisition, Control, Disposition, etc.; Director of Court Facilities

Section 8 - Duties of Commissioner Relating to the Proper Management of the Operation of the Division of Capital Asset Management and Maintenance and the Coordination of Offices Located Therein; Uniform Contract Conditions; Administrative Units; Perf...

Section 9 - Reporting on Progress of Capital Facility Projects; Analysis of Real Property Acquired for Use of State Agencies; Reporting of Projects Completed, in Process or Scheduled for the Future; Proposed Capital Repair and Maintenance Plan for St...

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 15 - Submission of Building Project Plans and Specifications to Director of Project Management for Review and Approval; Advertisement for Applications for Bids

Section 16 - Project Managers

Section 17 - Change Orders or Other Contract Modifications

Section 18 - Request for Change Order; Approval or Disapproval; Appeal

Section 19 - Equitable Adjustment in Contract Price Due to Change in Contractor's Cost of Performance Resulting From Change Order

Section 20 - Submission of Costs and Pricing Data to Be Used When Negotiating Adjustments for Change Orders or Other Contract Modifications

Section 21 - General Principles Applicable to Equitable Adjustments

Section 22 - Resident Engineers

Section 23 - Acceptance of Federal Funds or Assistance

Section 24 - Office of Facilities Management; Director of Facilities Management; Inventory of Buildings

Section 25 - Control of Supervision of Projects by the Director of Facilities Management

Section 26 - Standards and Guidelines Applicable to Maintenance and Repair; Compliance Inspections; Transfer of Supervision and Control Over Maintenance and Repair Operations From State Agency or Building Authority to the Office of Facilities Managem...

Section 27 - Building Projects Performed at One or More Using Agencies and Controlled and Supervised by the Office of Facilities Management

Section 28 - Duties and Responsibilities of Director of Facilities Management

Section 29 - Utilization of Energy Efficiency, Water Conservation or Renewable Energy Technologies in New or Renovated Facilities; Life-Cycle Cost Analysis

Section 30 - Evaluation of Energy Consumption of Buildings and Their Major Energy Using Systems

Section 31 - Evaluation of Potential for Increasing Energy Efficiency in Buildings Owned or Leased by an Authority or State Agency

Section 32 - Real Property Held in Name of State Agency Deemed Real Property of the Commonwealth; Exercise of Eminent Domain by the Commonwealth on Behalf of a State Agency; Delegation to State Agency of Power to Acquire, Control and Dispose of Real...

Section 33 - Duties and Powers of the Commissioner Relating to the Acquisition, Control and Disposition of Real Property

Section 34 - Procedure for the Disposition of Real Property by Sale, Rental or Otherwise

Section 35 - Rental of Premises Outside of the State House or Other Buildings Owned by the Commonwealth

Section 35a - Termination of Lease for Nonappropriation or Nonallotment; Renegotiation of Lease

Section 36 - Advertisement for Submission of Proposals for the Acquisition by Purchase or Rental of Real Property for the Use of State Agencies, or for the Sale or Rental of Real Property Used by State Agencies

Section 37 - Purchase, Sale, Rental, etc., of One or More Acres of Real Property; Notification of Public Officials of City or Town in Which Real Property Located; Hearing

Section 38 - Disclosure Statement Required for the Rental or Sale or Purchase of Real Property to or From a Public Agency

Section 39 - Inventory of Real Property Owned, Rented or Otherwise Occupied by Public Agencies; Publication and Distribution; Central Depository of Records

Section 40 - Rules and Regulations for the Acquisition, Utilization and Disposition of Real Property

Section 41 - Unauthorized Occupancy, Expenditure for Maintenance or Use of Land, Buildings or Other State-Owned or State Occupied Facilities Prohibited; Penalties

Section 42 - Reporting of Lease or Any Agreement for Tenancy at Will or Other Rental of Space

Section 43 - Procedure Upon Notice of Site Evaluation to Determine Presence of American Indian Skeletal Remains

Section 44 - Purpose of Secs. 44 to 58 Relating to Procurement and Quality of Design Services; Definitions

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 48 - Written Application and Disclosure Statement Required for Designers, Interior Designers, Programmers or Construction Managers Filing an Application for Project; Designer Evaluation Form

Section 49 - Selection of Semifinalists and Finalists; Criteria for Selection; Disqualification of Board Member From Participation in Selection of Designer or Interior Designer

Section 50 - Selection of Designer or Interior Designer From List of Chosen Finalists When Fee Set or When Fee Negotiated; Statement of Fee in Contract; Withholding of Fees

Section 51 - Use of Consultants by Applicants; Truth-in-Negotiations Certificate; Special Conditions or Requirements; Other Certifications or Provisions Required for Inclusion in Every Contract for Design Services; Professional Liability Insurance Re...

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 55 - Record Keeping Requirements Applicable to Board and Agencies Not Subject to Board Jurisdiction

Section 56 - Reporting of List of All Finalists and Awards to Division of Capital Asset Management and Maintenance

Section 57 - Adoption of Procedures and Regulations to Implement Secs. 44 to 58

Section 58 - Procurement of Architectural, Engineering and Related Services; Definitions Applicable to This Section

Section 59 - Study or Program Required Prior to Contracting for Design or Construction Services

Section 60 - Certification That Design Work Comports With Appropriation, Authorization or Project Cost Limits and Any Study or Program

Section 61 - Certification That Construction Work Can Be Accomplished Within Appropriation or Authorization for the Project and Comports With Study or Program

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 66 - Capital Facility Budget Request; Public Notice of Proposed Long-Range Capital Facilities Development Plan and Annual Capital Facility Budget; Content and Format

Section 67 - Submission of Copies of Proposed Plans and Requests; Reporting by Secretaries of Executive Offices; Reporting by Directors of Programming, Project Management or Facilities Management

Section 68 - Review and Investigation by Commissioner in Preparation of Capital Facility Budget; Recommendations for Study or Program and Mode of Procurement; Required Statements to Be Included in Budget Request

Section 69 - Design and Construction Contingency Reserve Account

Section 70 - Emergency Repair Reserve Account

Section 71 - Review and Study by Commissioner of All Requests and Recommendations for Appropriations or Authorizations for Expenditures Pertaining to Capital Facility Projects; Review by Commissioner of Petition, Motion or Amendment Introduced by Gen...

Section 72 - Annual Reporting by Commissioner to Governor and General Court