TOWN OF AVON, MASSACHUSETTS

REQUEST FOR QUALIFICATIONS

ON-CALL DESIGNER SERVICES

Issue Date: October 28, 2026

Submission Deadline: November 18, 2026 at 2:00pm

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I. LEGAL NOTICE

The Town of Avon, Massachusetts ("Town" or "Owner"), the awarding authority invites qualified design firms to submit Statements of Qualifications ("SOQs") to provide On-Call Designer Services for municipal construction and capital improvement projects.

The Town anticipates an aggregate construction program of approximately $10,000,000 during the anticipated contract term of three years. This amount represents the estimated total construction value of potential projects and is not a guarantee of work, a minimum contract value, or a commitment by the Town to expend any particular amount.

The procurement will be conducted in accordance with Massachusetts General Laws Chapter 7C, §§

44-58 applicable provisions of Chapter 149, applicable Massachusetts regulations, and the Town's written designer-selection procedures. The Town intends to use a qualifications-based selection process.

M.G.L. c. 7C, §§ 44-58 establish requirements for the selection of designers for public projects and requires municipalities to use a written, qualifications-based designer-selection procedure. The Town will use the current applicable Massachusetts standard designer-selection application and its adopted procedures in conducting this procurement.

Where applicable to individual projects, construction procurement shall comply with the requirements of

M.G.L. c. 149, including applicable provisions governing public building construction, bidding, contractor qualifications, filed sub-bids, bonds, and related requirements.

The selected Designer shall comply with all applicable federal, state, and local laws, regulations, codes, licensing requirements, accessibility requirements, prevailing wage requirements, public procurement requirements, and Town policies.

The Town reserves the right to reject any or all submissions, request clarification or additional information, conduct interviews, amend this RFQ by written addendum, modify the procurement schedule, and take any other action permitted by law.

The Town will not reimburse Respondents for costs incurred in preparing or submitting qualifications or participating in interviews.

Respondents agree to hold their SOQs valid in all respects for a minimum period of ninety (90) days after the submission deadline.

The Town of Avon reserves the right to accept or reject any and all submissions, to waive any informality, and to make any award as may be in the best interest of the Town. Any contract awarded as a result of this RFQ will be subject to the approval of the Select Board for the Town of Avon.

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Submission Deadline: November 18, 2026

Time: 2:00pm

Submissions are to be submitted to:

Jonathan Beder, Town Administrator

65 East Main Street, Avon, MA 02322

Questions must be received by November 10, 2026 at 5:00pm. Responses will be issued by written addendum when appropriate. Respondents shall direct all procurement communications through the designated contact.

Questions shall be directed to: Anna McGunigle, P3 at amcgunigle@p-threeinc.com

II. GENERAL INFORMATION

A. Introduction

The Town of Avon seeks a qualified design firm to provide On-Call Designer Services for a variety of municipal construction, renovation, repair, and capital improvement projects.

The selected Designer will provide professional services on an as-needed, task-order basis. Individual assignments may vary significantly in size, complexity, discipline, schedule, and design requirements.

The Town anticipates using the On-Call Designer for both planned capital projects and, when necessary, time-sensitive or emergency building-related needs.

Selection as the Town's On-Call Designer does not guarantee any minimum amount of work. The Town may assign work based upon project needs, funding, qualifications, availability, and applicable procurement requirements.

B. Project Description

Potential projects may include, but are not limited to:

• Roof renovations, replacements, and repairs;

• HVAC system upgrades and replacements;

• Interior renovations and alterations;

• Building facade and envelope repairs;

• Structural repairs;

• Electrical and plumbing improvements;

• Accessibility improvements;

• Fire and life-safety improvements;

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• Energy-efficiency improvements;

• Building condition assessments;

• Feasibility studies and capital planning;

• Code and regulatory improvements;

• Site improvements associated with municipal facilities; and

• Other municipal construction and capital improvement projects identified by the Town.

The anticipated aggregate construction value of projects under the On-Call program is approximately $10,000,000. Individual projects may range from relatively small repair assignments to major capital improvements.

Each individual project or task will have its own scope, construction budget, schedule, and

Designer fee, as negotiated and authorized by the Town.

D. Scope of Services

The selected Designer may be required to provide some or all of the following services, depending upon the individual assignment:

1. Existing Conditions and Feasibility

• Review available plans, reports, and Town records;

• Conduct site visits and existing-condition investigations;

• Perform field measurements and documentation;

• Identify deficiencies and code, accessibility, or life-safety issues;

• Develop project alternatives;

• Prepare feasibility studies; and

• Provide preliminary recommendations and project schedules.

2. Design and Engineering

• Programming and conceptual design;

• Schematic design;

• Design development;

• Construction documents and specifications;

• Architectural services;

• Structural engineering;

• Mechanical/HVAC engineering;

• Electrical engineering;

• Plumbing engineering;

• Civil/site engineering, as applicable;

• Building-envelope services;

• Accessibility and code analysis; and

• Coordination of specialty consultants.

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3. Cost Estimating and Project Planning

The Designer shall prepare construction cost estimates at appropriate stages of design, identify assumptions and contingencies, and update estimates as the project develops. The Designer shall coordinate estimates and schedules with the Town’s Owner’s Project Manager (OPM).

4. Permitting and Approvals

Assist the Town in obtaining applicable building, fire, accessibility, environmental, historic, utility, and other regulatory approvals.

5. Bidding and Procurement

When authorized, services may include preparation of bidding documents, specifications, bid forms, addenda, responses to bidder questions, pre-bid meetings, bid evaluation, and assistance with contractor selection.

Construction procurement shall comply with applicable Massachusetts public construction requirements, including M.G.L. c. 149 where applicable.

6. Construction Administration

When authorized, services may include:

• Construction meetings and site observations;

• Review of shop drawings and submittals;

• Responses to requests for information;

• Review of payment applications;

• Change-order review;

• Substantial and final completion inspections;

• Punch-list preparation; and

• Project closeout and record documentation.

E. Task Authorization

Individual projects will be authorized by the Town through a written task authorization, work order, or other approved written instrument.

Each task authorization will define, as applicable:

• Project scope;

• Required services and deliverables;

• Project schedule;

• Construction budget;

• Designer fee;

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• Reimbursable expenses;

• Required consultants; and

• Construction-phase services.

The Designer shall not perform services beyond the authorized scope without written approval from the

Town.

The Town may assign multiple projects simultaneously, modify individual scopes, procure services separately, or elect not to assign a particular project.

F. Minimum Requirements

Applicants must demonstrate that they:

1. Are legally qualified and appropriately licensed to provide the proposed professional services in

Massachusetts;

2. Have demonstrated experience providing architectural and/or engineering services for

Massachusetts municipal projects, 10 years or more preferred;

3. Have experience with existing-building renovation, repair, or capital improvement projects;

4. Have experience preparing construction documents, specifications, and cost estimates;

5. Have construction administration experience;

6. Understand Massachusetts public construction procurement requirements, including M.G.L. c.

149 where applicable;

7. Have sufficient qualified personnel and organizational capacity to manage multiple assignments;

8. Maintain required professional liability and other insurance;

9. Are not suspended or debarred from public contracting; and

10. Can comply with M.G.L. c. 7C, §§ 44-58, applicable provisions of M.G.L. c. 149, and all other applicable laws and regulations.

Preference may be given to firms demonstrating substantial experience with municipal buildings, roofing, HVAC, building-envelope/facade, interior renovation, accessibility, energy improvements, and projects performed in Massachusetts.

G. Statement of Qualifications

Respondents shall submit the current applicable Massachusetts Standard Designer Application Form for Municipalities and Public Agencies, attached hereto as Attachment D, together with the following supplemental information:

1. Firm Information

1. Legal name and business address;

2. Ownership and organizational structure;

3. Years in business;

4. Massachusetts office and licensing information;

5. Number of professional staff; and

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6. Primary contact information.

2. Relevant Experience

Provide information on at least five relevant projects completed or substantially completed within the past ten years. Include:

1. Project name and location;

2. Owner and contact;

3. Construction cost;

4. Design fee;

5. Project type;

6. Services provided;

7. Completion date; and

8. Applicant's role.

At least three projects should preferably involve public or municipal owners.

3. Project Team

Identify the proposed:

1. Principal-in-Charge;

2. Project Manager;

3. Project Architect/Engineer;

4. Mechanical Engineer;

5. Electrical Engineer;

6. Structural Engineer;

7. Other key personnel; and

8. Specialty consultants, as applicable.

Provide relevant experience, professional registrations, and anticipated availability for each key individual.

4. Approach and Capacity

Describe the firm's approach to:

1. On-call/task-order assignments;

2. Rapid response;

3. Multiple concurrent projects;

4. Cost estimating;

5. Schedule management;

6. Quality control;

7. Construction administration;

8. Communication with the Town and OPM; and

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9. Emergency or time-sensitive assignments.

H. Evaluation Criteria

The Select Board has designated the Building Committee to conduct the designer selection process for this RFQ. Accordingly, the Building Committee will evaluate Statements of Qualifications using the following qualifications-based criteria:

Criteria

Relevant municipal/public-sector experience

Qualifications and experience of proposed team members and any proposed subconsultants

Comparable project experience

Approach to On-Call services and understanding of Town needs

Capacity, availability, and responsiveness

Financial stability

Quality control and cost-management approach

References and past performance

Designer fees will not be considered. Do not submit information on fees, prices, or hourly rates in the SOQ.

Following evaluation of each Respondent against the evaluation criteria, the Building Committee will select at least three finalists and may conduct interviews with the top-ranked three finalist Respondents as part of the evaluation process.

Finalists shall be ranked by the Building Committee in order of qualification and such ranking shall be transmitted to the Select Board, which will request a fee proposal from the first ranked designer remaining on the list to begin contract negotiations.

The Town will then negotiate compensation with the selected Designer in accordance with M.G.L. c. 7C, §§ 44-58 and applicable municipal procedures.

If negotiations are unsuccessful, the Town may proceed with the next qualified Respondent in accordance with applicable law and its adopted designer-selection procedure.

I. General Conditions

1. The Town reserves the right to reject any or all submissions, waive minor informalities where permitted by law, request clarification or additional information, conduct interviews, issue addenda, modify the RFQ, or cancel the procurement.

2. All submissions shall be subject to applicable Massachusetts Public Records Law.

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3. The selected Designer shall comply with applicable nondiscrimination, conflict-of-interest, licensing, insurance, prevailing wage, accessibility, public procurement, and other legal requirements as more fully set forth in the contract attached as Attachment A.

4. The Town does not guarantee any minimum amount of work under the On-Call contract. The anticipated $10,000,000 aggregate construction value is an estimate only.

5. The Town reserves the right to reject any and all responses if the Town determines, within its own discretion, that it is in the Town's best interests to do so. This RFQ does not commit the

Town to select any Respondent, award any contract, pay any costs in preparing a response, or procure a contract for any services. The Town also reserves the right to cancel or modify this

RFQ in part or in its entirety to the extent authorized by state procurement law. Respondents may not alter the RFQ or its components.

6. Subcontractors and Joint Ventures: Respondent's intention to subcontract or partner or joint venture with other firm(s) or individual(s) must be clearly described in the SOQ. The attention of all interested Respondents is called to the provisions of Massachusetts General Laws Chapter 30, Section 39L, which provides that the Town may not enter into a contract for construction work and may not approve as a subcontractor furnishing labor and materials for a part of any such work a foreign corporation which has not complied with the requirements of Chapter 156D, Section 151 of the General Laws. The term "foreign corporation" means a corporation not incorporated under the laws of the Commonwealth of Massachusetts.

7. A Respondent may withdraw and resubmit their Response, or modify their Response, at any time prior to the deadline, following the same method set forth in this RFQ for submission of a response, including an email to the Town Administrator Jonathan L. Beder (jbeder@avon-ma.gov) notifying him of said withdrawal or modification. The email notice shall not attach or contain any substantive information regarding the submission.

8. The Town will not be liable for any costs incurred by any Respondent in preparing a response to this RFQ or for any other costs incurred prior to entering into an Agreement with a selected

Designer.

9. The Town reserves the right to waive or permit cure of minor informalities, errors, or omissions prior to the selection of a Designer, and to conduct discussions with any qualified Respondents and to take any other measures with respect to this RFQ in any manner necessary to serve the best interest of the Town and its beneficiaries.

10. The selected Designer shall agree to the Town’s contract terms and conditions in substantially the same form as set forth as Attachment A. Any proposed changes to the Town’s contract form must be included in a Respondent’s SOQ.

11. The Response Form, including the certifications required therein, attached to this RFQ as

Attachment B.

12. A completed Truth-In-Negotiations Certificate, attached to this RFQ as Attachment C.

mailto:jbeder@avon-ma.gov

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13. A completed Standard Designer Application Form for Municipalities and Public Agencies Not

Within DSB Jurisdiction, attached to this RFQ as Attachment D.

END

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Attachment A

Town of Avon

Master Services Agreement for On-Call Designer Services

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Master Services Agreement for On-Call

Designer Services

PROJECT TITLE:

On-Call (“House Doctor”) Designer Services

PROJECT LOCATION:

Town of Avon, Massachusetts

AWARDING AUTHORITY:

Town of Avon Select Board

AUTHORIZED REPRESENTATIVE:

HOUSE DOCTOR:

Architect/Engineer Name

Address

City, Town Zip

FEDERAL EMPLOYER IDENTIFICATION

NO.

This Contract for House Doctor Services (the “Contract”) is made as of the _ day of , 20 (“Effective Date”), by and between the Town of Avon, acting by and through its _____________________ (“Awarding Authority” or “Town”), and a with a principal place of business at, (“House Doctor”).

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TABLE OF CONTENTS

INTRODUCTION

DEFINITIONS

ROLE OF HOUSE DOCTOR

GENERAL PROVISIONS

4.3.2. Notice to Proceed

4.13.1. Building Gross Area

4.13.2. Departmental Gross Area

4.13.3. Net Assignable Area

4.14.1. Surveys and Data

4.14.2. Existing Conditions

4.17.1. Awarding Authority’s Approval Responsibilities

4.17.2. House Doctor’s Approval Responsibilities

4.17.3. General Approval Procedures

4.18.1. User Agency Cooperation

4.18.2. Ownership of Materials Provided to House Doctor

4.22.1. Appointment of Designated Representative

4.22.2. Removal of Designated Representative

5.2.1. Approval

5.2.2. Compensation

7.2.1 Compliance with M.G.L. c. 268A and 231 C.M.R. 4.00

7.2.2 Prompt Disclosure of Conflicts of Interest

7.7.1 Certifications

7.7.2 Obligations

7.7.3 Breach

7.8.1 Records To Be Kept for Six Years

7.8.2 Records Open to Inspection

7.8.3 Changes in Method of Accounting

7.8.4 Warranty by House Doctor

7.8.5 Filing of Statement of Management on Internal Accounting Controls

7.8.6 Representation Regarding Audited Financial Statement

7.8.7 Filing of Annual Statement Required

7.8.8 Records Not Public

7.9.1 General Requirements [M.G.L. c. 7C § 51]

7.9.2 Worker’s Compensation, Commercial General Liability, Automobile Liability, Valuable Papers, and Hazardous Materials

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7.9.3 Professional Liability

7.9.4 Liability of House Doctor

7.16.1 Compliance

7.16.2 Nondiscrimination, Diversity, Equal Opportunity, and Affirmative Action [Executive Order

526]. 37

7.16.3 Minority and Women Workforce Reporting [M.G.L. c. 7C s. 6; M.G.L. c. 149 s. 44A(2)(G)]. . 38

7.16.4 Material Breach

7.24.1 House Doctor’s Beneficial Owners

7.24.2 Professional Registrants

7.24.3 Resume on File with Designer Selection Board

7.24.4 No Inducements

7.24.5 Tax Returns

7.24.6 Existing Government Contracts

7.24.7 Annual Reports; Corporate Filings

7.24.8 Debarment; Suspension

7.25.1 Default by the House Doctor

7.25.2 Default by Awarding Authority

7.26.1 Termination by Awarding Authority for Convenience

7.26.2 Termination by Awarding Authority for Cause

7.26.3 Termination by House Doctor

7.26.4 House Doctor’s Duties upon Termination

SIGNATURES

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INTRODUCTION

1.1 Multi-Phase Contract.

This Contract addresses the services required by a House Doctor, whether it is for a Study Phase, Design

Phase, and/or a third-party review of a Project. The House Doctor understands that its services are limited to those set forth in ARTICLE 3: ROLE OF HOUSE DOCTOR and that such services shall be performed in accordance with Exhibit A: House Doctor Study Services, Exhibit B: House Doctor Design Services, Exhibit

C: House Doctor Commissioning Services, and/or Exhibit D: Other House Doctor Services, to the extent applicable.

1.2 Term.

This Contract shall have duration of three years from the Effective Date. Notwithstanding any other provision to the contrary, all obligations pursuant to an Approved Scope of Services incorporated into the Contract during the Contract term shall not expire until all terms within the Approved Scope of Services are satisfied unless otherwise terminated. This Contract term may be extended by a written letter agreement, to allow for the completion of all Approved Scope of Services, as appropriate.

DEFINITIONS

Capitalized terms used in this House Doctor Contract shall have the following meanings unless the context clearly otherwise requires.

Additional Service(s): Any work performed pursuant to this Contract that is not a Basic Service for which the

House Doctor shall be entitled to compensation in accordance with Section 6.2 (Additional Services).

Approval: A signed written communication from an Authorized Representative of Awarding Authority to the

House Doctor expressing Awarding Authority’s acceptance of services or documents prepared by the House Doctor, which acceptance shall not relieve the House Doctor from any of its professional responsibilities under this Contract for such services or documents.

Approved: An item or items for which Approval has been given.

As-Built Drawings: All drawings, specifications, Approved shop drawings, catalogue cuts, and other items bearing markings or containing information provided by the General Contractor to indicate construction details and changes made during the construction period.

Authorized Representative: The person named as such on the cover page of this Contract (or such other person(s) designated in writing by the person named on the cover page), who has the authority to grant Approval on behalf of

Awarding Authority as required under this Contract.

Basic Fee: The amount owed to the House Doctor for Basic Services performed pursuant to the Approved Scope of

Services.

Basic Services: All services required to be performed by the House Doctor pursuant to the Approved Scope of

Services except for those services specified in Section 6.2 (Additional Services).

Building Information Model (“BIM”): A digital representation of the physical and functional characteristics of a facility, which provides a reliable source of information upon which Awarding Authority may rely to make decisions regarding the facility during and after the Project, to be developed and delivered by the House Doctor, as specified in the Approved Scope of Services and in accordance with model requirements, including, but not limited to, derived documentation, data standards, model set-up, and other prescriptive information and model requirements provided herein.

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BIM Execution Plan: A strategic and tactical tool to plan the interactions of the BIM team from the initiation of the

Study Phase until the completion of construction and delivery by the House Doctor of the As-Built Drawings and associated BIM Deliverables, including, without limitation, integration of data, records, models, and commissioning information into CAMIS if requested by Awarding Authority, and which meets the requirements set forth in the

Approved Scope of Services.

BIM Manager: House Doctor’s representative responsible for coordinating the performance and execution of BIM-related services and Deliverables on the Project in accordance with the BIM Execution Plan among the House Doctor, Consultants, General Contractor, Owner’s Project Manager (if any), and appropriate personnel participating in the

Project from Awarding Authority and, if appropriate, User Agency.

Certified: A project for which an adequate appropriation of funds is available and all certifications required by

M.G.L. c.7C § 59-60 have been duly made.

Commissioning Specifications: DCAMM Standard Specification Subsection 018100.

Confidential Information: Shall have the meaning ascribed to it in Section 7.8.

Construction Contract: One or more contracts between Awarding Authority and a General Contractor or a

Construction Manager for the construction of a Project.

Construction Contract Documents: The Construction Contract and any documents incorporated by reference into the Construction Contract.

Construction Cost: The cost of constructing the Project inclusive of all designed construction, demolition, and renovation work, all supportive and preparatory construction work required for the Project, all general contractors, subcontractors, suppliers, materials, equipment, general conditions, insurance, overhead and profit and all other allowances. The Construction Cost includes change orders during the construction administration phase of the Project.

Construction Cost Estimate: A submittal consisting of a written calculation of the estimated Construction Cost prepared by the House Doctor, (if applicable) House Doctor’s professional cost estimator and (if applicable) the independent cost estimator appointed by Awarding Authority, at various points during the Study Phase and Design

Phase on the basis of the Uniformat II Elemental Classification for Building Specifications, Cost Estimating, and Cost

Analysis dated October 1999 published by the U.S. Department of Commerce NIST to the level of detail specified in the Approved Scope of Services, as well as the final cost estimate that the House Doctor is required by its Approved

Scope of Services to prepare in MasterFormat (2004 edition, as updated 2010 and 2012) published by the Construction

Specifications Institute. The Construction Cost Estimate includes contingencies for estimating, phasing and temporary work, and escalation.

Construction Manager: A sole proprietorship, partnership, corporation or other legal entity that provides construction management at risk services as defined M.G.L. c. 149A et seq. and procured by Awarding Authority pursuant to the aforementioned statute.

Construction Phase: The Phase of a Project that commences with the execution of a Construction Contract or commencement of construction services and concludes upon the completion of Project closeout in accordance with the terms of the Construction Contract Documents.

Consultant: A subcontractor of the House Doctor.

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Contract: This Contract for House Doctor Service.

Contract Amount: Not to exceed amount referenced on the cover page of this Contract.

Contract Schedule: A critical path management or Gantt Schedule for the activities of the House Doctor and its

Consultants, if any, as required by this Contract.

Days: Days shall mean calendar days, which include Monday through Friday excluding any U.S. holidays or any other holidays mutually recognized between the House Doctor and Awarding Authority, unless otherwise specified.

DCAMM: The Division of Capital Asset Management and Maintenance within the Executive Office for

Administration and Finance of the Commonwealth of Massachusetts.

Deliverable: Work product that is required to be delivered or submitted to Awarding Authority pursuant to the terms of this Contract.

Design Phase: The portion of the Project that commences after the Study is Certified and Awarding Authority authorizes a House Doctor to perform Design Phase Services, during which the final design of the Project and the administration of the Construction Contract will occur. The Design Phase includes Design Development Phase, Construction Documents Phase, Construction Administration Phase, and the Facility Performance Evaluation Phase.

Designated Representative: The Designated Representative shall have the meaning prescribed to it in Section 4.22 of this Contract.

Effective Date: The latest date of the original execution of this Contract.

Fixed Limit Construction Cost: The maximum allowable Construction Cost established by Awarding Authority;

unless otherwise communicated in writing by an Authorized Representative of Awarding Authority, during the Study

Phase, this amount shall be the ECC stated in the Designer Selection Board Advertisement for the Project and during the Design Phase, this amount shall be the Estimated Construction Cost forth in the Certified Study.

General Contractor: A person or entity contracting with the Commonwealth for construction of a Project pursuant to a Construction Contract procured under M.G.L. c. 149 § 44 A-F or M.G.L. c. 30 § 39M.

Gross Floor Area: The total floor area of the Project buildings measured using the perimeter dimensions of the building shells and calculated in accordance with the ASTM International Standard Classification for Building Floor

Area Measurements for Facility Management – E-1236M-09e1.

House Doctor: The architect or engineer identified on the cover page of this Contract that performs a Study, Design, Commissioning and/or Project Management services for a Project as set forth herein.

Laws: Applicable statutes, acts, rules, regulations, codes, requirements, orders, directions, ordinances, judgements, decrees, and injunctions of or by the United States of America, the Commonwealth of Massachusetts, and any political subdivisions of either.

Notice to Proceed: A written communication from an Authorized Representative of Awarding Authority directing the House Doctor to perform services in the Contract or proceed to the next phase of services as required in an

Approved Scope of Services. The House Doctor may not proceed with any services pursuant to this Contract absent receipt of a Notice to Proceed.

Owner’s Project Manager: A professional consultant or professional construction manager hired by Awarding

Authority pursuant to M.G.L. c. 149 § 44A1/2 or otherwise to work with the House Doctor as the owner’s representative on the Project to ensure an optimum project including, without limitation, construction quality, cost control, and schedule control.

Permits: Governmental, quasi-governmental and other necessary permits and approvals, including the filing of

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Phase: Phases shall include the Study Phase, the Design Phase, or Construction Phase.

Program: A document prepared in accordance with the provisions of M.G.L. c. 7C § 59, “which defines a capital facility project in terms of its content, time, and cost so that it provides a clear and detailed frame of reference for the design and implementation process.”

Project: The Project more specifically detailed in each Approved Scope of Services.

Public Entity: The Commonwealth of Massachusetts or the political subdivision or subdivisions thereof of which

Awarding Authority is an agency or instrumentality.

Record Drawings: The drawings prepared by the House Doctor and its Consultants pursuant to this Contract which incorporates the changes made during the construction period and which incorporate information from the marked-up prints, As-Built Drawings, and other data furnished by the General Contractor and subcontractor(s) (if any).

Reference Documents: The guidelines, standards, specifications, templates, and other materials listed in Section 4.1 and incorporated by reference into this Contract, with which House Doctor services provided hereunder shall comply.

Resident Engineer: The on-site representative of Awarding Authority for the Project.

Scope of Services: A document describing the services to be performed by the House Doctor for a particular

Project, which, when authorized by a Notice to Proceed, shall be incorporated by reference into this Contract.

Study: A document that meets the requirements of M.G.L. c. 7C, § 1 and the requirements of this Contract, including the Approved Scope of Services to be incorporated into this Contract, that defines and quantifies a User

Agency’s space needs, develops alternative architectural and/or engineering solutions to meet those needs, and contains a) a space program statement including spatial and relationship requirements, b) a recommended physical solution selected from several alternatives based on a determination of existing conditions and the feasibility of construction, c) a Construction Cost Estimate, d) schematic design meeting the requirements of M.G.L. c. 7C § 59, and e) if applicable, a proposed construction schedule. The term “Study” as used in this Contract contains and includes a Program as defined herein. A Study may reveal that the Project is not warranted, or that the need can be satisfied without the construction of new, or the renovation of existing, facilities. This definition may be modified if the Approved Scope of Services clearly indicates that aspects of this definition are not intended to be included.

Study Manager: The person appointed by Awarding Authority to provide administration of the Study Phase of this

Contract.

Study Phase: The portion of a Project that commences upon the receipt of a Notice to Proceed for an Approved Scope of Services that includes Study services and concludes upon the decision by Awarding Authority regarding

Certification of Study. The Study Phase includes the Schematic Design Phase.

Subcontractor: The subcontractors to the General Contractor or Construction Manager of a Project who provide and install building components and systems.

Substantial Completion: “Substantial Completion” occurs when the User Agency takes possession of the Project for occupancy.

Surveys and Data: Any existing and available surveys of the Project's building site or sites, showing the grades and lines of streets, pavements and adjoining properties; the rights, restrictions, easements, boundaries and contours of the site or sites; reports from any borings, test pits; chemical, mechanical or other tests; photographs and information as to water, sewer, electricity, steam, gas, telephone and other services; and data and drawings regarding existing

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User Agency: The department, commission, board or agency of the Town that will occupy the Project or for which the Project shall be undertaken.

ROLE OF HOUSE DOCTOR

3.1 Service Requirements.

The House Doctor shall render the following services, as applicable. As such, the parties agree that the following checked Exhibits are binding:

□ EXHIBIT A: House Doctor Study Services

□ EXHIBIT B: House Doctor Design Services

□ EXHIBIT C: House Doctor Commissioning Services

□ EXHIBIT D: Other House Doctor Services

3.2 Amendments.

The parties agree that if, at any time, the role of the House Doctor is changed or altered such that the nature of the services performed must be characterized differently, the Contract shall be amended in accordance with Section 7.23 (Amendments, Severability, Waivers).

GENERAL PROVISIONS

4.1 Reference Documents.

The parties hereby agree and acknowledge that the On-Call Designer Services Request for Qualifications

(RFQ) is incorporated as if stated fully herein, and the terms and conditions therein shall be binding on the parties.

The following additional documents and all reasonable updates as DCAMM or Awarding Authority, as applicable, may make from time to time are incorporated by reference into the Contract and may be provided to the House Doctor in electronic format upon request:

(a) Guidelines for the Preparation of Studies for Building Projects (Publication No. 1381-66-250-4-83-

CR, Interim Revision October 1998, Current Revision October 2000);

(b) Designers Procedures Manual dated August, 2008, if the Awarding Authority is DCAMM, and any other procedures provided by Awarding Authority if the Awarding Authority is an entity other than

DCAMM;

(c) DCAMM Standard Specification Rev. 7.1;

(d) Consultants Estimating Manual dated February, 2006;

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(e) Cost Estimate Input Form;

(f) Building Information Modeling (BIM) List of Design and Preconstruction Services (Revised

February 27, 2016);

(g) BIM Guidelines for Design and Construction (dated 2015);

(h) Template BIM Execution Plan.

4.2 Priority of Documents.

In the event that an Approved Scope of Services includes terms that conflict with any portion of Articles 1 through 7 of this Contract, the terms of this Contract shall prevail unless otherwise specifically agreed to by an Authorized Representative of the Awarding Authority in writing. In the case of any other conflict between the terms of this Contract and any of the provisions incorporated herein by reference, the House Doctor shall make a written request for clarification to Awarding Authority and Awarding Authority’s written response shall be conclusive.

4.3 Scope of Services.

4.3.1. Approval of Scopes of Services

Awarding Authority may send House Doctor a proposed Scope of Services for a Project at any time with a request for the following: (a) proposed contract schedule; (b) proposed Basic Fee for the requested services;

(c) proposed billing rates in the form of Exhibit J: Certified Billing Rates of Designer’s and Designer’s

Consultant’s Personnel (to be used for calculation of Additional Services on an hourly basis, if elected by

Awarding Authority) along with a Truth in Negotiations certificate in accordance with M.G.L. c. 7C, § 51;

and (d) any suggested modifications to the proposed Scope of Services. House Doctor shall respond to such a request within ten (10) days of receipt of the proposed Scope of Services from Awarding Authority. House

Doctor shall include in the proposed Scope of Services only information necessary to set forth the scope of work to be performed for a particular Project and shall not include any additional contractual terms which conflict with the terms of this Contract. The Awarding Authority reserves the right to propose changes to the

House Doctor’s proposal. If the House Doctor agrees to such changes, the House Doctor will resubmit an updated proposal reflecting such changes in a timely manner and, unless otherwise agreed by the parties, in no event later than three (3) business days from the parties’ agreement on such changes. The Awarding

Authority may Approve a Scope of Services by issuing a Notice to Proceed as set forth below or by a separate written Approval.

4.3.2. Notice to Proceed

House Doctor shall commence services for a particular Project upon receipt of a Notice to Proceed from

Awarding Authority, which shall include the Approved Scope of Services, the Basic Fee for the services to be performed along with a payment schedule for such Basic Fee, and Certificates of Insurances, if applicable.

4.3.3. Incorporation of Scope of Services.

Several Approved Scopes of Services may be incorporated into the Contract provided the aggregate amount of the proposed fees in connection with the Scopes of Services shall not exceed the Contract Amount.

4.4 Study and Design Phase Services.

In the event the Approved Scope of Services includes Study and Design Phase Services, Awarding

Authority’s Approval of the Scope of Services in no way obligates Awarding Authority to select the House

Doctor to perform Design Phase Services. Following the conclusion of the Study Phase, the Study must be

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Certified and an appropriation of sufficient funds must be secured in order for the Project to proceed to the

Design Phase. If and only if these requirements are satisfied, Awarding Authority may, in its sole discretion, select the House Doctor to proceed with the Design Phase of the Project. The House Doctor shall not incur any costs associated with the Design Phase Scope of Services prior to the receipt of applicable Notice to

Proceed.

4.5 Standard of Care.

The House Doctor agrees that the services provided hereunder shall conform to the standard of care and the practice exercised by other professionals engaged in performing comparable services. The House Doctor further agrees that the personnel furnishing said services shall be qualified and competent to perform adequately the services assigned to them. The House Doctor further agrees that the recommendations, guidance, and performance of such personnel shall reflect such standards of care and practice.

4.6 Time of Essence.

The parties agree that time is of the essence for the completion of all services required by this Contract. The parties further confirm and agree that any and all Approved Contract Schedules shall reflect a reasonable period of time for completing the required services, obtaining required Approvals, obtaining all necessary

Permits, addressing any and all issues, and performing the Basic Services in accordance with this Contract.

4.7 Sequential Order.

The sequential order of the House Doctor’s services as set forth in this Contract and all documents incorporated by reference is of the essence. Awarding Authority shall have no obligation to Approve or pay the House Doctor for Deliverables prepared other than in the order required by the Approved Scope of

Services, as applicable.

4.8 Staffing.

The House Doctor agrees that the House Doctor’s personnel who shall provide services under this Contract are those listed in its Proposal, attached as Exhibit E, provided that where the terms of Exhibit E and this

Agreement conflict, the terms of this Agreement shall control. No changes or additions may be made to this list without Approval by Awarding Authority, which Approval shall be granted after a showing that the substitution complies with applicable Laws and provides Awarding Authority with a level of skill, qualification, and experience equal to or better than the personnel listed in or outlined in the Approved Scope of Services. The House Doctor shall provide sufficient personnel to complete the services required by this

Contract in a continuous and timely manner in accordance with an Approved plan and, when applicable, in accordance with the Approved Contract Schedule.

4.9 Project Management Software.

House Doctor and its Consultants may be required to use Awarding Authority’s web-based Project

Management and Accounting System (PMAS) or similar or successor program utilized by Awarding

Authority, if applicable, as a repository for project correspondence, documentation, project budgeting, and scheduling. The House Doctor shall be required to keep the PMAS up to date.

4.10 BIM Manager.

If required by an Approved Scope of Services, the House Doctor shall appoint an Approved BIM Manager as part of the performance of each Approved Scope of Services, unless otherwise agreed by the Awarding

Authority in writing.

4.11 House Doctor Duties Generally.

The House Doctor shall be responsible for the professional accuracy and coordination of all Deliverables, 22 | P a g e including, without limitation, designs, drawings, specifications, digital files, cost estimates, and other services and submittals furnished by House Doctor and by its Consultants in accordance with the standard of care set forth in Section 4.5 (Standard of Care). The Basic Fee shall compensate House Doctor for all of House

Doctor’s obligations specified in this Contract except as otherwise provided herein.

4.12 Quality Assurance.

The House Doctor is responsible for Quality Assurance/Quality Control (QA/QC) in performance of all services required by the House Doctor under this Contract. The House Doctor shall be responsible for the completeness, accuracy, and coordination of all data and information relating to the Phase(s) for which House

Doctor provides services hereunder, as the case may be.

4.13 Calculations.

Whenever calculating the Building Gross Area, Departmental Gross Area, or Net Assignable Area, as hereinafter defined, the House Doctor shall rigorously and exclusively adhere to the following specific methods of area calculation:

4.13.1. Building Gross Area.

The Building Gross Area shall be the floor area of a building for all levels that are totally enclosed within the building envelope, including basements, mezzanines, or penthouses. To compute the Building Gross Area, measure to the outside face of exterior walls, disregarding cornices, pilasters, and buttresses, that extend beyond the wall face. The Building Gross Area of basement space includes the area measured to the outside face of basement foundation walls.

4.13.2. Departmental Gross Area.

The Departmental Gross shall be the net assignable areas and required secondary circulation assigned to an occupant group or department. To compute the Departmental Gross Area, measure to the outside finished surface of the exterior building walls, to the finished surface of the walls surrounding major vertical penetrations and building core and service areas, and to the center of the walls dividing the space from adjoining Departmental Gross Areas.

4.13.3. Net Assignable Area.

The Net Assignable Area is the area required to accommodate a function, equipment, occupant, or occupant group. Net Assignable Area includes interior walls, building columns, and projections. Net Assignable Area excludes exterior walls, major vertical penetrations, building core and service areas, primary circulation, and secondary circulation. To compute the Net Assignable Area, measure to the inside surface of the exterior building walls, to the finished surface of the walls surrounding major vertical penetrations, building core areas, and service areas, and to the center of partitions separating the Net Assignable Area from adjoining

Net Assignable Areas and from secondary circulation space.

4.14 House Doctor to Evaluate Information and Conditions

4.14.1. Surveys and Data.

The House Doctor shall analyze and evaluate the Surveys and Data furnished by Awarding Authority. If the

Surveys and Data to be provided by Awarding Authority are not available or are, in the reasonable opinion of the House Doctor, insufficient to permit the House Doctor to properly perform its services hereunder, the

House Doctor shall submit a written request to Awarding Authority for permission to obtain the services of one or more Consultants to perform the necessary services. If such services are not included in the Approved

Scope of Services the House Doctor shall be reimbursed for performance of such services in accordance with

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Section 5.2 (Consultants), or if the services are performed by the House Doctor’s own employees, the House

Doctor shall be compensated in accordance with Section 6.2 (Additional Services). In no case shall the House

Doctor commence or authorize a Consultant to commence such services without the prior Approval of

Awarding Authority. In the event that any Surveys and Data are updated, corrected, supplemented, or otherwise modified in accordance with this Section, House Doctor shall provide such information and documents to Awarding Authority and, if requested by Awarding Authority, shall provide such information and documents in a form compatible with CAMIS integration.

4.14.2. Existing Conditions.

If an Approved Scope of Services calls for an analysis of existing conditions of a site or facility by House

Doctor, Awarding Authority shall provide House Doctor with whatever information the Awarding Authority has to assist with such analysis. House Doctor shall compare the information contained in its existing conditions analysis with Awarding Authority’s information, and if necessary, shall provide to Awarding

Authority any necessary updates to the information in a form compatible with the Awarding Authority’s information systems.

4.15 Cost Estimates.

If Awarding Authority has appointed a construction manager or an independent cost estimator for the Project during any Phase, the House Doctor shall validate its Construction Cost Estimates with such person prior to submitting its Construction Cost Estimates to Awarding Authority for Approval. This coordination includes, but is not limited to, working in good faith and in cooperation and coordination with the Awarding Authority and Awarding Authority’s consultant(s), contractor(s), and/or construction manager to reconcile any differences between cost estimates prepared by the various parties, to clarify assumptions upon which cost estimates are based, and otherwise to address any concerns or questions with respect to such cost estimates raised by the Awarding Authority or its consultant(s), contractor(s), and/or construction manager. Awarding

Authority’s decision in matters pertaining to the Construction Cost Estimates and changes thereto shall be final but the House Doctor shall not be responsible for any decision by Awarding Authority that is inconsistent with generally accepted standards of professional practice provided that the House Doctor shall have advised Awarding Authority in writing of the inconsistency at the time of the Approval.

4.16 Corrections by Awarding Authority.

The House Doctor shall furnish appropriate competent professional services to the point where Awarding

Authority’s detail checking or reviewing shall be incorporated into the Project’s design unless the House

Doctor makes specific written objections, and such objections are agreed to by Awarding Authority.

Awarding Authority’s decision in matters pertaining to this section shall be final, but the House Doctor shall not be responsible for any such decision by Awarding Authority that is inconsistent with generally accepted standards of professional practice provided that the House Doctor advised Awarding Authority in writing of the inconsistency at the time the decision was made.

4.17 Approvals.

4.17.1. Awarding Authority’s Approval Responsibilities.

Awarding Authority, through an Authorized Representative, shall, without unreasonable delay, either grant any Approval required by this Contract or notify the House Doctor why such Approval is being withheld, provided that Awarding Authority shall not unreasonably withhold any Approval. If necessary, Awarding

Authority and the User Agency shall attend meetings with the House Doctor to achieve the Approval of a

Deliverable. Approval by Awarding Authority shall not, in any way, relieve the House Doctor from its professional responsibility for all services and duties hereunder.

4.17.2. House Doctor’s Approval Responsibilities.

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The House Doctor shall not work on any task or Deliverable without first receiving all required Approvals.

The House Doctor shall make all changes in Deliverables required by comments made by Awarding

Authority before the Deliverable will be Approved, unless such changes are in the House Doctor’s professional opinion not suitable, in which case the House Doctor shall communicate, in writing, the reasons why they are not suitable. When necessary, the House Doctor shall meet with Awarding Authority, the User

Agency, the Owner’s Project Manager (if applicable) and any appropriate Consultants to develop a mutually satisfactory Deliverable.