2. Transmitting Communication from Louis A. DePasquale, City Manager, relative to the appropriation of $44,000 from Free Cash to the Public Investment Executive Department Extraordinary Expenditures which will be used to assist the Department of Conservation & Recreation in constructing an ADA accessible canoe and kayak boat launch.
Order Adopted 9-0

May 21, 2018
To the Honorable, the City Council:

I am hereby requesting the appropriation of $44,000 from Free Cash to the Public Investment Executive Department Extraordinary Expenditures, to be used to help support improvements to Magazine Beach.

In September of 2017 (attached), I informed the Council of my intention to support additional resources for strategic, incremental improvements to Magazine Beach.

As part of ongoing improvements to Magazine Beach, the Massachusetts Department of Conservation and Recreation (DCR) is constructing an ADA accessible canoe and kayak boat launch with a scenic overlook. The boat launch and overlook will be ADA accessible, will help encourage activity in a currently underused portion of the park, improve pedestrian circulation, and is consistent with DCR’s Phase 2 park design.

In addition to DCR funding, the City, through Community Preservation Act (CPA), has approved $25,000 in FY18 funds towards the project. DCR has also secured funding commitments from the Cambridge Redevelopment Authority (CRA), and Magazine Beach Partners (MBP).

In January 2018, I informed the Commissioner of DCR of my intention to request up to $44,000 in additional funding to support the project in the event that committed funds were short of cost estimates, after construction bids were opened.

Per DCR, the low bid for the project came in at $295,296.40, which is higher than the $236,328.40 estimate, primarily due to cost of materials.

This appropriation will allow DCR to proceed with the project this spring and summer.

Very truly yours,
Louis A. DePasquale, City Manager

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September 25, 2017
To the Honorable, the City Council:

In response to Awaiting Report Item Number 17-30, regarding a report on partnering with DCR and the Cambridgeport Neighborhood Association to revitalize Magazine Beach, please be advised of the following:

Magazine Beach Park is owned by the State and managed through the Department of Conservation and Recreation (DCR, formerly MDC). The park, approximately 15 acres in size, functions as an important neighborhood connection to the river, as well as a regional open space and ecological resource, featuring athletic playing fields, a swimming pool, a powder house (historic gunpowder magazine and later bathhouse) and both passive and active recreational facilities.

In 1999, the City entered into an agreement with DCR (then MDC) to provide $1,500,000 in funding for renovations, primarily to the fields on the eastern side of the park, (Phase 1 improvements - little league baseball field, full size soccer field, drainage improvements, new exercise station, new picnic area, riverbank and parking lot improvements), in return for priority in field scheduling. The City also agreed to maintain those areas. Phase 1 improvements were completed in 2009.

Since that time, the City has continued to invest in improvements to Magazine Beach through the Community Preservation Act (CPA) process.

• City provided $25,000 in FY12 for a historic structure report for the powder house

• City provided $100,000 in FY14 for exterior renovations to the powder house

• City provided $56,500 in FY15 to help complete the Phase 2 design process for the park

• City approved $100,000 in FY 17 for interior renovations to the powder house

• City approved $16,600 in FY17 for interpretive signage at the park

• The CPA Committee recommended $25,000 in FY18 for an accessible canoe and kayak launch

The City's investments since 2012, ($298,100) have resulted in over $700,000 in matching funds and capital expenditures by DCR for improvements to Magazine Beach. A new spray deck will open in September 2017 with additional landscaping improvements around the feature in spring 2018. Work is also scheduled to start in winter 2017 on interior improvements to the powder house including ADA accessible bathrooms (for a future tenant) and utility service.

The design firm of Crosby Schlessinger Smallridge (CSS) working with DCR, is in the process of finalizing the design of the western portion of the park (Phase 2). The Phase 2 design is anticipated to be complete by the end of 2017. The cost for construction of the Phase 2 renovations is currently estimated to be at least $6,000,000. CSS and DCR are also exploring options to phase implementation of the proposed renovations, which would likely cost more.

The City will also continue to work closely with the Magazine Beach Partners (formerly the Magazine Beach Committee of the Cambridgeport Neighborhood Association) which is made up of neighborhood volunteers and stakeholders who have advocated at both the City and State level for funding and improvements to Magazine Beach. The group recently became a 501c3 non-profit organization in order to facilitate private fundraising for park improvements. The group has met regularly with City staff from the City Manager's office, Community Development Department, Department of Public Works, Arts Council and Department of Human Services Programs, and has been instrumental in coordinating with DCR and CSS on key aspects of the design process, facilitating additional related improvements and maintenance activities, and organizing programming and community events at the park.

It is important to recognize that there are many significant open space needs throughout the city, and that priority for open space funding is typically based on several factors including the age and condition of the facility, level of use, accessibility needs, and maintenance issues.

The City Manager supports recommending the use of additional City funds for improvements to Magazine Beach, including a substantial investment towards Phase 2 improvements, once the plan is complete, and the State has appropriated funding for the project.

The City anticipates continuing to provide financial support (pending appropriate approval from the City Council) for smaller, strategic, incremental, improvements at Magazine Beach, as well as continuing to provide basic maintenance services.

Very truly yours,
Louis A. DePasquale, City Manager

3. A communication transmitted from Louis A. DePasquale, City Manager, relative to Awaiting Report Item Number 18-17, regarding the status and proposed next steps to advance the urban agriculture initiative.
Placed on File

May 21, 2018
To the Honorable, the City Council:

Please find attached a response to Awaiting Report Item Number 18-17, regarding the status and proposed next steps to advance the urban agriculture initiative, received from Assistant City Manager for Community Development Iram Farooq and Chief Public Health Officer Claude-Alix Jacob.

Very truly yours,
Louis A. DePasquale, City Manager

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To: Louis A. DePasquale, City Manager
From: Iram Farooq, Assistant City Manager for Community Development; Claude-Alix Jacob, Chief Public Health Officer
Date: May 16, 2018
Re: Council Order 18-17 dated 2/5/18, regarding the status and proposed next steps to advance the urban agriculture initiative

The Cambridge Food and Fitness Policy Council’s Urban Agriculture Task Force has been making steady, incremental progress in developing a comprehensive urban agriculture policy for the City. The task force is led by the Cambridge Public Health Department (CPHD) and the Community Development Department (CDD) and its current focus is on beekeeping, farming (e.g., commercial sales, non-profit program use, and soil safety), and hen-keeping.

The goal of this effort is to improve residents’ access to healthy, locally-produced food and other agricultural products, allow additional opportunities for economic development and social service, promote sustainability and ecological stewardship, advance public knowledge of agricultural practices, maintain public health and safety, and mitigate potential conflicts between agricultural and other urban land uses.

The task force has:

• gathered input from multiple constituencies, including residents, City staff, urban farming advocates, and state regulators

• researched best practices for regulating urban agriculture at the local level

• informed City leaders about the value of urban agriculture and developed support

• working on draft zoning recommendations

• working on draft public health regulations pertaining to farming.

Cambridge is following a model similar to that of other Massachusetts communities that have formal legal structures in place for allowing and regulating urban agriculture that include a combination of (1) City ordinances, including zoning, to address land use implications of urban agriculture activities; and/or (2) public health regulations to address health and safety issues.

Local health departments in Massachusetts, including the CPHD, have direct authority derived from state statute (M.G.L. c.111, §31) to promulgate public health regulations, and the Commissioner of Public Health for the City of Cambridge (Commissioner of Public Health) performs this duty.

Due to the different issues involved with beekeeping, urban farming and hen-keeping, we proposed addressing the adoption and implementation of local laws pertaining to regulation of each of the three proposed urban agriculture activities separately. In December 2017, the City Council ordained the beekeeping zoning amendment and the Commissioner of Public Health promulgated “A Regulation for the Keeping of Honeybees.” We are currently focusing on urban farming and will address hen-keeping subsequently.

Next Steps

Working with other task force members, CDD is refining zoning recommendations that would allow new urban farming activities, including expanding locations for rooftop farming, hydroponic gardens, and community supported agriculture (CSA) drop-off sites.

The urban farming zoning recommendations will apply to the cultivation of agricultural products for public consumption (e.g., commercial sales and nonprofit/institutional program use). Accessory home gardening or community gardening for personal consumption is currently permitted in the city and will not be impacted. The recommendations will also address direct farm sales, such as farm stands, farmers markets, and community supported agriculture pickup sites.

A companion to the urban farming zoning will be draft public health regulation for soil safety, which will apply to (1) produce grown for sale or donation, and (2) produce grown in gardens operated by schools or nonprofits and served to students/participants in those programs. The regulation is designed to protect growers and consumers from exposure to contaminants, such as heavy metals, common in native urban soil.

The task force is engaged in discussions with other City departments, including the Inspectional Services Department, Department of Public Works, the Law Department and the Fire Department, to address potential concerns around safety, rodent control, and legal issues. These discussions will help to refine the zoning proposal and the public health soil safety regulation. The zoning proposal will be brought before the City Council for discussion and consideration this fall and the soil safety regulation will be submitted to the Commissioner of Public Health for consideration and adoption.

4. A communication transmitted from Louis A. DePasquale, City Manager, relative to a request for approval to submit the attached Home Rule Petition that would authorize the City of Cambridge to include as part of the Inman Square Intersection Safety Improvements Project (“Project”) the planned reconfiguration of the intersection of Hampshire Street and Cambridge Street in the Inman Square area of the City (hereinafter, “Inman Square”) as well as a portion of the land that makes up Mayor Alfred E. Vellucci Community Plaza (“Vellucci Plaza”).
Charter Right - Zondervan

May 21, 2018
To the Honorable, the City Council:

I am writing to request that you approve the submission of the attached Home Rule Petition that would authorize the City of Cambridge to include as part of the Inman Square Intersection Safety Improvements Project (“Project”) the planned reconfiguration of the intersection of Hampshire Street and Cambridge Street in the Inman Square area of the City (hereinafter, “Inman Square”) as well as a portion of the land that makes up Mayor Alfred E. Vellucci Community Plaza (“Vellucci Plaza”).

Specifically, relief is required from the Legislature in order to perform construction work on Vellucci Plaza, which is located immediately to the west of the intersection of Hampshire Street and Cambridge Street. The January 21, 1980 City Council order authorizing the City to take the land making up Vellucci Plaza by way of eminent domain states that said land is to be used for “recreation open space purposes . . . .” To make up for the loss of public recreational open space that will result from this construction work, nearby land on the opposite side of Hampshire Street owned by the City will be dedicated as public recreational open space as part of a “new” Vellucci Plaza and thus, there will not be a net loss of land dedicated for this purpose.

Pursuant to Article 97 of the Articles of Amendment to the Constitution of the Commonwealth of Massachusetts (“Article 97”), land that is held and dedicated for public open space and recreational uses may only be re-used for another use with the consent of two thirds of both houses of the Legislature.

BACKGROUND

1. Mayor Alfred E. Vellucci Community Plaza

As noted above, the City acquired the land that makes up Vellucci Plaza by way of an eminent domain taking on January 21, 1980. The City Council order authorizing the taking states, in pertinent part:

[T]he City of Cambridge by its City Council does hereby take the land hereinafter described for recreation open space purposes and all easements, privileges and appurtenances thereto belonging as well as all trees and all structures thereon. . . . The taking of fee simple title in land herein described is hereby authorized in accordance with General Laws, Chapter 40, Section 14 and Chapter 43, Section 30 as amended for the purpose of public recreation open space.

Vellucci Plaza is the primary public open space in Inman Square, with a total area of 6,480 square feet. Vellucci Plaza is adjacent to residential properties, and consists primarily of hardscape elements. The current design of Vellucci Plaza dates to 2006, when it was reconstructed as part of the larger Cambridge Street Improvements project.

As part of the community outreach for the Project, an online and email survey was conducted which included questions about the current design and use of Vellucci Plaza. Public input on Vellucci Plaza was also solicited at public meetings. There appears to be a clear consensus (350 of 441 survey responses received) that Vellucci Plaza should not “stay the way it is today.” Survey respondents generally indicated that Vellucci Plaza was not inviting and did not work well, in large part due to its physical isolation and disconnection from the retail activity of Inman Square (Vellucci Plaza is located on the only corner of Inman Square that does not allow for direct pedestrian access to retail).

2. Inman Square Intersection Safety Improvements Project and Existing Operational and Safety Issues

The City initiated the Project in October, 2016. The purpose of the Project is to design and construct permanent physical improvements to Inman Square, which will address long-standing safety and operational issues. The Project is an outgrowth of several other studies which have been made of Inman Square in recent years, including studies by the City, and by the Massachusetts Department of Transportation in conjunction with regional pedestrian and bicycle advocacy groups.

The oblique intersection of Cambridge Street and Hampshire Street (which are two major arterial streets) contributes to operational and safety issues that have been exacerbated over the years as user volumes have increased. Conflicts between modes of transportation are of particular concern, given that Inman Square is the location of some of the highest bicycle volumes in the City (approximately 600 cyclists traverse Inman Square during a typical weekday peak hour). In addition, over 1,000 pedestrians cross the streets near Inman Square during peak hours.

The unusually large size of this intersection results in long signal cycle lengths, and lengthy delays for all users. Crosswalks are extremely long, which increases the exposure of pedestrians and cyclists to vehicle conflicts. The large number of potential turning movements resulting from Inman Square’s seven entry/exit points, as well as parking maneuvers, also present many opportunities for conflicts between users.

Inman Square has been identified as one of the top 200 high crash locations in the Commonwealth, with a crash rate roughly double the statewide average for a signalized intersection. In addition, a high proportion of crashes in Inman Square involve pedestrians and cyclists, increasing the incidence of personal injury. Analysis of the types of crashes in Inman Square indicate that the physical configuration of the intersection of Hampshire Street and Cambridge Street is a significant contributing factor to incidents that occur there.

Because of the above factors, the City, beginning in 2016, implemented interim safety improvements in Inman Square, including prohibiting left turns and enhanced pavement markings for bike lanes, pending the completion of the current Project.

3. Proposed Design and Impact on Vellucci Plaza

The proposed design for the reconfiguration of the intersection of Hampshire Street and Cambridge Street in Inman Square splits the single, unusually large, intersection into two smaller signalized intersections with more conventional geometry, and reallocates some of the existing vehicle space to pedestrian, bicycle and transit facilities. In addition, the proposed design requires that all vehicular traffic traveling through Inman Square turn and thus, increases safety and allows for better balance of the space between vehicular and non-vehicular uses. The design reduces the size of the current Vellucci Plaza, but includes the creation of a “new” Vellucci Plaza on the opposite side of Hampshire Street, adjacent to existing retail uses.

In terms of usable open space and placemaking opportunities specifically, the proposed design is responsive to community opinions that Inman Square’s primary open space should be located as close to retail activities as possible. A desire was expressed for a tree-shaded flexible space that could accommodate seating, informal outdoor dining, and special events, and have a lively feel. The existing Vellucci Plaza site, while somewhat compatible with these activities, was seen as disadvantaged by its location which requires pedestrians to cross one or more of Inman Square’s major streets in order to be accessed from retail activities.

The construction work will result in public recreational open space existing on a portion of the current Vellucci Plaza on the west side of Hampshire Street, as well as new public recreational open space on the east side of Hampshire Street (i.e., the “new” Vellucci Plaza). This new public recreational open space specifically responds to the community’s desire for an attractive, flexible, open space adjacent to Inman Square’s retail activity. The total area of the two resulting portions of Vellucci Plaza will be 6,480 square feet, which, as noted above, is the total area of the existing Vellucci Plaza. Thus, there will not be a net loss of recreational open space as a result of this construction work.

The City has consulted with members of Mayor Vellucci’s family on the proposed design, and on May 7, 2018, the Mid-Cambridge Neighborhood Conservation District Commission approved the proposed Plaza design.

HOME RULE LEGISLATION

Vellucci Plaza is owned and held by the City for public recreational open uses, and is therefore protected under Article 97 from any change in use absent legislation authorizing such a change in use. In order to proceed with the design of the Project and reconfiguration of the intersection of Hampshire Street and Cambridge Street and Vellucci Plaza as planned, I ask that the City Council vote in favor of filing the attached Home Rule Petition.

I have attached for your information a survey plan depicting the proposed reconfiguration of the intersection of Hampshire Street and Cambridge Street as well as Vellucci Plaza, and site renderings showing the existing and proposed site conditions.

Very truly yours,
Louis A. DePasquale, City Manager

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Agenda Item Number 4     May 21, 2018
ORDERED: That the City Council petition the General Court of the Commonwealth of Massachusetts to enact the attached Home Rule Petition entitled: AN ACT AUTHORIZING THE CITY OF CAMBRIDGE TO USE CERTAIN LAND USED FOR OPEN RECREATIONAL PURPOSES FOR TRAFFIC RECONFIGURATION.

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AN ACT AUTHORIZING THE CITY OF CAMBRIDGE TO USE CERTALN LAND USED FOR OPEN RECREATIONAL PURPOSES FOR TRAFFIC RECONFIGURATION

Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follows:

SECTION 1. The City of Cambridge is hereby authorized to use for the purpose of traffic reconfiguration, and all purposes incidental thereto, an area now owned and held by said City for public open recreational uses described as follows:

Commencing from a point at the northeasterly sideline of Cambridge Street, at the intersection of Cambridge Street and Hampshire Street; thence, N 80°20'5P W a distance of 144.23' along the northerly sideline of Cambridge Street to a point, said point being the point of beginning;

Thence, N 80°20'51" W a distance of seventy-three and forty-three hundredths feet (73.43') to a point;

Thence, N 60°53'52" E a distance of nine and eleven hundredths feet (9.11') to a point of curvature;

Thence, along a tangent curve to the north having a radius often and zero feet (10.00'), an arc length of nine and sixty-two hundredths feet (9.62'), and a delta angle of55°06'34to a point;

Thence, N 05°47'17''> E a distance of sixty-seven and forty hundredths feet (67.40') to a point on the southwesterly sideline of Hampshire Street; the last three courses by the land now of formally the City of Cambridge;

Thence, S 42°19'45" E a distance of ninety-five and twenty hundredths feet (95.20') to a point of curvature;

Thence, along a tangent curve to the west having a radius of twelve and seventy-four hundredths feet (12.74), an arc length of thirty-one and fifty-eighthundredths feet (31.58'), and a delta angle of 141°58'54" to the point of beginning.

The above described parcel contains an area of3,801± square feet, and is more particularly shown as "Land Removed from Open Space Designation" on a plan entitled "Plan of Land Added and Removed from Open Space Designation, Cambridge, Massachusetts, Prepared for The City of Cambridge", scale: 20 feet to an inch, dated May 9, 2018, by WSP USA Inc.

SECTION 2. Upon the completion of the traffic reconfiguration referenced in Section 1, above, an area now owned and held by said City will be dedicated for public open recreational uses described as follows:

Commencing from a point at the northeasterly sideline of Cambridge Street, at the intersection of Cambridge Street and Hampshire Street; thence, N 80°20'51" W a distance of 14.14' along the northerly sideline of Cambridge Street to a point, said point being the point of beginning;

Thence, N 80°20'51" W a distance of four and ninety-eight hundredths feet (4.98') to a point of curvature;

Thence, along a non-tangent curve to the west having a radius of fifty and zero feet (50.00'), an arc length of twenty-three and sixty-four hundredths feet (23.64'), an chord bearing of N 66°50'33" W, an chord distance of twenty-three and forty-two hundredths (23.42') and a delta angle of27°05'06" to a point;

Thence, N 80°23'06" W a distance of forty-two and twenty-six hundredths feet (42.26') to a point of curvature;

Thence, along a tangent curve to the north having a radius of fifty-one and zero feet (51.00'), an arc length of sixty and forty-four hundredths feet (60.44'), and a delta angle of 67 53 52 to a point;

Thence, N 12°29'14" W a distance of twenty-eight and eighty-four hundredths feet (28.84') to a point;

Thence, S 67°46'12" E a distance of thirty-nine and ninety-five hundredths feet (39.95 ) to a point ofcurvature;

Thence, along a tangent curve to the north having a radius of eleven and zero feet (11.00 ), an arc length of twelve and thirty-four hundredths feet (12.34'), and a delta angle of64°15'03" to a point;

Thence, N47°48W"E a distance of one and seventy-six hundredths feet (1.76') to a point;

Thence, S 42° 11'53" E a distance ofninety-seven and ninety-nine hundredths feet (97.99') to the point of beginning.

The above described parcel contains an area of3,801± square feet, and is more particularly shown as "Land to be Newly Designated as Open Space" on a plan entitled "Plan of Land Added and Removed from Open Space Designation, Cambridge, Massachusetts, Prepared for The City of Cambridge", scale: 20 feet to an inch, dated May 9, 2018, by WSP USA Inc.

SECTION 3. There will not be a net loss of public open recreational space as a result of the traffic reconfiguration work referenced in Section 1, above, and the dedication of land referenced in Section 2, above, for public open recreational uses.

SECTION 4. This act shall take full effect upon its acceptance by vote of the City Council of said City, but not otherwise.

VELLUCCI PLAZA - DESIGNATED OPEN SPACE - EXISTING CONDITION

VELLUCCI PLAZA - DESIGNATED OPEN SPACE - PROPOSED REVISIONS

VELLUCCI PLAZA - DESIGNATED OPEN SPACE - PROPOSED CONDITION

5. A communication transmitted from Louis A. DePasquale, City Manager, relative to a request for approval to seek authorization from the Massachusetts Office of the Inspector General (the “IG”) for the City to use the Construction Manager at Rick (“CMAR”) procurement and construction method (the “CMAR Method”) in connection with the redevelopment of the Foundry building.
Order Adopted 9-0

May 21, 2018
To the Honorable, the City Council:

I am writing to ask for your approval to seek authorization from the Massachusetts Office of the Inspector General (the “IG”) for the City to use the Construction Manager at Rick (“CMAR”) procurement and construction method (the “CMAR Method”) in connection with the redevelopment of the Foundry building. By way of background, in 2004, the Massachusetts Legislature passed construction reform legislation that allowed Massachusetts public agencies and municipalities to use the CMAR Method for the first time. The CMAR Method has been commonly used by the private sector for some time, and is an alternative to the design-bid-build approach used under M.G.L. c. 149. Since the legislation was enacted, many public entities have successfully applied for, and are using the CMAR method.

The Office of the Inspector General has promulgated a set of procedures for using the CMAR Method. Once a public agency or municipality’s (hereafter “Municipality”) governing body authorizes the use of the CMAR Method, the Municipality submits an application to the IG, from whom the Municipality’s awarding authority must obtain a notice to proceed in order to use the CMAR Method. The application requires that the municipality demonstrate the following:

a: The Municipality has authorization from its governing body to enter into a contract with a CMAR firm.

b: The Municipality has the capacity and a plan and procedure that is in place and approved of by the governing body, where appropriate, to effectively procure and manage CMAR services for the specific project, and has retained the services of a qualified owner’s project manager.

c: The Municipality has procedures in place to ensure fairness in competition, evaluation and reporting of results at every stage in the procurement process.

d: The building project has an estimated construction value of $5,000,000.00 or more.

e: The Municipality has determined that the use of the CMAR method is appropriate for the building project and states the reasons in writing the reasons for the determination.

This memorandum is intended to summarize the definition, advantages, and process governing the use of the CMAR method in support of my seeking City Council approval to utilize this construction method for the Foundry project. My submission of this memorandum to you is the first step in satisfying the above referenced requirements for seeking approval to use the CMAR Method for the Foundry and will answer the following questions:

• What is CMAR?

• What procurement and construction methods has the City used for vertical construction projects in the past?

• What are some of the benefits and risks of using the CMAR Method?

• What is the timeline for the CMAR Method?

What is Construction Management at Risk (CMAR)?

The CMAR is selected through a competitive procurement based on qualifications and price. The City will procure the CMAR via a two-step Request for Qualifications (“RFQ”) and Request for Proposal (“RFP”) process.

The type of contract the City will enter into with the CMAR is a cost plus fixed fee amount with a Guaranteed Maximum Price (“GMP”). The GMP is the sum of the CMAR fee, and the costs associated with the CMAR’s general conditions for construction, all of the filed sub bid trade contractors, the CMAR estimates for any un-bid subcontractors at the time of the establishment of the GMP, and includes the CMAR’s contingency. The CMAR agrees to pay for costs that exceed the GMP that are not the result of changes in the contract documents. This is one of the reasons a CMAR is selected prior to the plans and specifications being completed. The CMAR works with the owner and the architect to develop the scope delineated in the contract documents as part of the team.

The fixed fee is a percentage of the cost of the work and is submitted by the CMAR during the selection process based upon an estimated cost of construction. The CMAR’s contingency belongs to the CMAR if it is needed, but is turned over to the City if not used. The contingency is a line item within the GMP and is used to incorporate missing items undefined at the time the GMP is established that arise during the project.

By law, the GMP cannot be established until the drawings and specifications are at a minimum of 60% complete. The closer the documents are to being 100% complete, the less the CMAR’s contingency line item is. The Owner’s contingency is for owner-directed changes or unforeseen conditions unknown at the time the GMP is established. The CMAR’s contingency is included in the GMP; the owner’s contingency is outside of the GMP.

The City Manager’s project management staff will work closely with the City’s Architect, consultants and CMAR to determine the appropriate contingencies.

What procurement and construction methods has the City used for vertical construction projects in the past?

The City has used M.G.L. c. 149 in the past as the bidding process for vertical construction. This process, also defined as “design-bid-build”, requires all of the construction bid packages to be available only after 100% completion of the design documents. Under this traditional approach, the lowest responsible and eligible bidder is awarded the project.

What are some of the pros and cons of using the CMAR method?

Pros:

• The selection of the CMAR through an RFQ process allows the City to better define the specific requirements the City is looking for in a CMAR firm. The submission of defined company qualifications the presentation of these qualifications by the CMAR team to a selection committee allows for a better interaction of questions and answers to best determine the most qualified CMAR for the project.

• The selection is based upon qualifications and experience relative to specific City requirements, not the lowest price. The CMAR is selected, rather than awarded due to the lowest bid. The working relationship between the CMAR, the Owner and the architect is enhanced due to a working relationship that is developed during the process leading up to the establishment of the GMP.

• The CMAR is directly involved with the selection and management of the scope of work for the filed sub-bid trades. Because the CMAR takes the lead in defining the peripheral scope of work for staging, lifts, temporary lighting, miscellaneous patching, fire stopping, etc., scope of work disputes (a cost to the owner if they have merit) are minimized and this coordination places responsibility directly with the CMAR as the responsible party for defining each sub-bidders’ drawings and specifications.

• The CMAR provides pre-construction services, which aids the City’s project team with scheduling, budgeting, value engineering, phasing strategies, and constructability reviews.

• With the CMAR Method, early bid packages for demolition and abatement of hazardous materials can run concurrent while the project design is being finalized.

• The potential for change orders that occur as the result of gaps in the scopes of work as defined by the Architect is reduced because the CMAR is participating in the delineation of the scope of work during the pre-construction services.

• If the City and the selected CMAR to not come to an agreement as to the GMP, then the City has the option of bidding the project.

Cons:

• The CMAR Method reduces the risk for the CMAR contractor as he/she is involved early in the schematic design process. The CMAR’s risk is mitigated by his/her early involvement during the design phase and his/her contingency that is established as part of the GMP.

• The CMAR Method reduces conflict risk between the City and the CMAR firm as that risk is minimized with an overall increased cost at the time the GMP is established.

What is the timeline for the CMAR Method?

The first step is the CMAR Method is submission of an application to the IG. The IG’s response for approval or denial of the application is due in 60 days.

Submission of the City’s application to the IG in May would mean that the IG’s approval or denial would be expected in July. This timing would coincide with the programming and feasibility study presently under way by the architect Cambridge Seven Associates, Inc. The architect is scheduled to submit its feasibility study and findings to the City in September of 2018.

Presently there is an assumption that some form of demolition of the Foundry building’s structure and removal of hazardous materials from within the building shall be required. The CMAR process would allow for this demolition and abatement to occur in late spring of 2019 while the bid documents for the balance of the project are being prepared.

I look forward to answering any questions you may have about the application and the CMAR Method that we propose to use for the redevelopment of the Foundry.

Very truly yours,
Louis A. DePasquale, City Manager

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Agenda Item Number 5     May 21, 2018
ORDERED: That the City Council go on record authorizing the City Manager to seek approval from the Office of the Inspector General to use the “Construction Manager-at-Risk” procurement and construction method in connection with the redevelopment of the Foundry building.

TEXT OF ORDERS
O-1     May 21, 2018  Amended; Charter Right - Simmons
VICE MAYOR DEVEREUX
COUNCILLOR ZONDERVAN
MAYOR MCGOVERN
COUNCILLOR SIDDIQUI
WHEREAS: For approximately one year, the Cambridge Water Board in conjunction with the Water Department have been discussing the need to replace our aging water infrastructure, which uses, as our standard, ductile iron cement lined pipes; and
WHEREAS: Ductile iron cement lined pipes last for a significant amount of time, but many municipalities nationwide are beginning to face the reality that pipes installed decades ago are aging and will need to be replaced in the near future; and
WHEREAS: Municipalities, generally, can either replace pipes entirely or repair existing pipes; and
WHEREAS: In discussions between the Water Board and Water Department, Cured-In-Place Plastic Pipe (CIPP) has risen as a potential alternative to ductile iron cement lined pipes; and
WHEREAS: This new technology involves manufacturing a plastic coating inside an existing iron pipe; and
WHEREAS: Though this option would be less expensive in the short-term (though little is known about the lifespan of CIPP) and would be less disruptive to streets during repairs, there are significant health concerns associated with the use of CIPP; and
WHEREAS: It is widely known that all plastics leach chemicals, and the testing protocols for CIPP are industry-sponsored and thus not balanced, scientific measures of the potential concerns regarding this new technology’s effect on finished drinking water; and
WHEREAS: The Water Board has continuously raised concerns about the potential use of this technology; and
WHEREAS: As a response to the Water Board’s concerns, the Water Department will be conducting a “Literature Search” over the summer, to better understand the potential benefits and consequences of using CIPP; and
WHEREAS: Though having more information will be helpful, there is concern that the “Literature Search” will not bear much useful information, since the widely-held belief among scientists and engineers is that not enough longitudinal data is available to understand the impact of CIPP on our health over time; and
WHEREAS: A letter recently was sent to the City Manager and the Managing Director of the Water Department unanimously signed by all members of the Water Board who were present at the last meeting, requesting that CIPP not be installed until the study is completed, after which time the Water Board will engage in discussions with the Water Department about any further use of CIPP; now therefore be it
RESOLVED: That the City Council go on record supporting the concerns of the Water Board in regards to delaying potential use of CIPP until all relevant scientific information is known; and be it further
ORDERED: That the City Manager be and hereby is requested to report back to the City Council with a detailed accounting of locations, if any, where CIPP and other plastic pipes currently exists in Cambridge, when it was installed, and why there was no public process for such a potentially hazardous change in water policy.

O-3     May 21, 2018  Charter Right - Siddiqui
MAYOR MCGOVERN
COUNCILLOR TOOMEY
COUNCILLOR SIMMONS
WHEREAS: Cambridge’s commercial tax rate of $14.81 per thousand dollars of value is applied equally to all commercial property owners (accounting for 65.4% of the property tax levy for that year) regardless of their size, applying a flat tax to the City’s largest and smallest businesses; and
WHEREAS: The City has been able to reduce the commercial tax rate for five consecutive years, and decreased the tax rate by 8.1% between FY17 and FY18; and
WHEREAS: The City Council has repeatedly heard about the challenges facing Cambridge’s small business community and has voiced its commitment to supporting a diverse, locally-owned small business ecosystem; now therefore be it
ORDERED: That the City Manager be and hereby is requested to create a structured commercial tax rate system for FY20 that prioritizes lowering the tax rate for small businesses.

O-4     May 21, 2018  Amended
MAYOR MCGOVERN
VICE MAYOR DEVEREUX
COUNCILLOR TOOMEY
COUNCILLOR ZONDERVAN
ORDERED: That the City Manager be and hereby is requested to work with the relevant City Departments to launch a program during the summer months to activate the report back to the City Council on the feasibility of activating Front Lawn of City Hall in the afternoon with games (such as cornhole boards), food trucks, and other forms of entertainment to engage a diverse age range of residents in recreation.

O-5     May 21, 2018
COUNCILLOR SIMMONS
COUNCILLOR SIDDIQUI
WHEREAS: The Housing Committee has been identifying items for further consideration throughout this term, and among those has been the need to establish a method for collecting information about evictions across the city, in order to obtain a greater understanding of who is being evicted in this community and why; and
WHEREAS: In furtherance of this discussion, it will be necessary to obtain guidance from the Community Development Department and the Solicitor’s Office as to how eviction data throughout the community could, conceivably, be collected; now therefore be it
ORDERED: That the City Manager be and hereby is requested to direct the Community Development Department and the City Solicitor to report back to the Housing Committee on how the City could establish a method of eviction data collection.

O-6     May 21, 2018
COUNCILLOR SIDDIQUI
COUNCILLOR MALLON
COUNCILLOR SIMMONS
WHEREAS: The Cambridge Human Rights Commission (CHRC) was established in 1984 to protect the civil rights of residents and visitors to the city, and does this by enforcing two ordinances, including the Cambridge Fair Housing Ordinance; and
WHEREAS: The Commission is a City law enforcement agency that investigates and adjudicate complaints of discrimination in the areas of housing and provides meditations for housing disputes in the City; and
WHEREAS: The Housing Committee seeks to gather a comprehensive portrait of the state of housing in Cambridge, including full data about evictions, housing-related lawsuits, cases where discrimination has been charged, and cases mediated by City agencies; now therefore be it
ORDERED: That the City Manager be and hereby is requested to direct the Cambridge Human Rights Commission to report back on housing-related activities including number of housing-related investigations, number of housing-related cases successfully mediated, relationships with regional housing-related organizations, and successes and challenges of the Cambridge Fair Housing Ordinance; and be it further
ORDERED: That the City Manager be and hereby is requested to report back to the Housing Committee on this matter.

O-7     May 21, 2018
MAYOR MCGOVERN
VICE MAYOR DEVEREUX
COUNCILLOR TOOMEY
COUNCILLOR MALLON
WHEREAS: Members of Cambridge’s small business and nonprofit community have expressed an interest in participating in Cambridge’s curbside composting program to reduce their costs associated with the disposal of solid waste and divert compostable scraps from landfills; and
WHEREAS: Expanding curbside composting programs to small businesses and nonprofits in the City means that Cambridge can incentivize green business practices, a benefit to both the environment and our partners in the Cambridge business and nonprofit community; now therefore be it
ORDERED: That the City Manager be and hereby is requested to direct the Recycling Division of the Department of Public Works to study the feasibility of expanding the curbside composting program to small businesses and nonprofits in the City by the end of 2019, and is encouraged to consider business districts with high concentration of locally owned shops for any pilot programs, and wherever the economic justice impact will be greatest.

TEXT OF COMMITTEE REPORTS
Committee Report # 1
THE FINANCE COMMITTEE, comprised of the entire membership of the City Council, to which was referred the GENERAL FUND BUDGET for the City of Cambridge for Fiscal Year 2019 in the amount of $597,219,385 held public hearings on this matter on May 1, 2018 and May 8, 2018 commencing at 9:00am and on May 9, 2018 commencing at 6:00pm in the Sullivan Chamber.

THE FINANCE COMMITTEE has referred the GENERAL FUND BUDGET for the City of Cambridge for Fiscal Year 2019 in the sum $597,219,385 to the full City Council with a favorable recommendation.

For the Committee,
Councillor E. Denise Simmons, Chair

Committee Report # 2
THE FINANCE COMMITTEE, comprised of the entire membership of the City Council, to which was referred the WATER FUND for the City of Cambridge for Fiscal Year 2019 in the amount of $13,973,855 held a public hearing on this matter on May 8, 2018 commencing at 9:00am in the Sullivan Chamber.

THE FINANCE COMMITTEE has referred the WATER FUND for the City of Cambridge for Fiscal Year 2019 to the full City Council for the adoption of the enclosed order in the total amount of $13,973,855.

For the Committee,
Councillor E. Denise Simmons, Chair

Committee Report # 3
THE FINANCE COMMITTEE, comprised of the entire membership of the City Council, to which was referred the PUBLIC INVESTMENT FUND for the City of Cambridge for Fiscal Year 2019 in the amount of $17,267,995 held a public hearing on this matter on May 8, 2018 commencing at 9:00am in the Sullivan Chamber.

THE FINANCE COMMITTEE has referred the PUBLIC INVESTMENT FUND for the City of Cambridge for Fiscal Year 2019 to the full City Council for the adoption of the enclosed order in the total amount of $17,267,995.

For the Committee,
Councillor E. Denise Simmons, Chair