HD AE RFP Addendum 1_9-10-25.pdf

ADDENDUM #1

TO: Prospective Respondents

FROM: Matthew Zajac, Deputy Director for Planning

DATE: September 10, 2025

RE: Addendum #1 - Request for Proposals for Architectural, Engineering, and

Planning Services for Development Activity

Enclosed is Addendum #1 to the Request for Proposals for Architectural, Engineering, and Planning Services for Development Activity. This addendum consists of five items.

Item 1: Clarifications/Additional Information.

Item 2: Respondent Questions and Answers for questions received by the deadline for questions specified in the RFP of Tuesday, September 9, 2025. The deadline for additional questions has passed.

Item 3: Proposal Cover Sheet to acknowledge Addenda. Please include this Proposal Cover Sheet with your RFP submission with your submission.

Item 4: CHA’s form of AIA Document B101-2017 Standard Form of Agreement Between Owner and Architect.

Item 5: The deadline for submission of responses is hereby extended to Thursday, October 2, 2025 at 2:00 PM.

Item 1: Clarifications/Additional Information

Section “VI. CHA Contract Requirements” within the RFP is replaced in its entirety with the following text.

Successful respondents will be required to execute an engagement letter. The engagement letter will indicate that the A/E and CHA will utilize one of two potential documents as the contract for projects.

For fit studies, conceptual studies, and similar small, defined scopes of work, CHA will negotiate a form of contract with the A/E at the time of service.

For full service architectural and engineering services for larger projects, the contract will be CHA’s form of AIA Document B101-2017 Standard Form of Agreement Between Owner and Architect (“the Contract”). The Contract will be modified to insert project-specific information, such as project name, address, schedule, and budget.

Respondents’ proposal response must include a redline with any requested edits on the Contract and its exhibits. CHA will not negotiate on any points not raised by this redline.

Any items or conditions described in this RFP that appear to contradict the Contract, shall be brought to the attention of the CHA prior to execution of the engagement letter.

The selected firm must possess professional liability insurance in the amount of $5,000,000 per claim and $5,000,000 aggregate, unless reduced by CHA.

Policy must also include, unless waived or reduced by CHA:

• Commercial General Liability with policy limits of not less than $1,000,000 for each occurrence and $2,000.000 in the aggregate for bodily injury and property damage.

• Automobile Liability covering vehicles owned, and non-owned vehicles used, by the Architect with policy limits of not less than $1,000,000 per accident arising out of the ownership, maintenance and use of those motor vehicles, along with any other statutorily required automobile coverage.

• Cyber/Network Privacy Liability covering financial losses arising from unauthorized access, destruction or corruption of data, including but not limited to privacy and data security breaches, virus transmission, violation of privacy laws or confidentiality agreements, investigation and breach notification expenses, denial of service and loss of income from network security failures with policy limits of not less than $1,000,000 per claim and $1,000,000 in the aggregate

Item 2: Respondent Questions and Answers:

1. Will public, state, or federal funds be used on projects with a construction cost over $10 million? It is our understanding that $10 million is the state's threshold for projects under a house doctor contract, so we are curious to know if those larger projects will need to be put out for qualifications separately beyond the initial project phase(s)?

The OIG Designing and Construction Public Facilities booklet dated November 2023 indicates that there is no set dollar limits for House Doctor contracts.

2. Can we include subconsultants outside of the list? i.e. Building Code Consulting?

Yes, additional subconsultants can be included in the proposal.

3. What are you looking for in regard to “evidence of registration” (a photo of license?) and is it for everyone, prime and all subs?

A photograph or copy of the license for the prime.

4. Should the “List of relevant projects” be for prime and all subs?

Yes, the list should be for the prime and all subs.

5. “List of all on-going public and private projects” – for prime and all subs?

Yes, the list should be for the prime and all subs.

6. CHA recently released another RFP for House Doctor services by A/E teams. How is this RFP different, and does application to one RFP impact scoring for the other?

CHA is currently reviewing responses to an RFP for A/E services for modernization projects.

That RFP is focused on A/E services for major capital improvements at CHA’s existing properties, although it may also be used for conceptual studies, full development projects, etc. The current RFP is focused on larger and mixed-use projects. Application to one RFP does not impact scoring on the other.

7. Do the fee limits in the RFP apply only to small projects?

The fee limits in the RFP are a guide. The fees for particular tasks will be negotiated at the time when proposals are solicited and executed.

8. The requested references – are those for each individual team member or the firm as a whole? If for each individual, do we need to provide for consultants also?

References should be provided at the firm level for the prime and subconsultants.

9. Could you please explain further what you would expect to see for a Section 3 response?

This is not something we typically see requested in RFPs for architects so any further info would be much appreciated.

The Section 3 plan should demonstrate the respondent’s approach to providing training, employment, and contracting opportunities for low-income residents. In the past, A/E firms have indicated willingness to provide internship/externship opportunities, utilize residents for discrete tasks that support the design process (surveying, facilitating meetings, etc.), provided connections to their subconsultants or contractor partners, or suggested innovative strategies.

10. Who are the incumbents?

There are no existing House Doctors for Development.

11. Will smaller firms with subconsultants be considered?

Yes, all firms that meet the threshold criteria will be evaluated based on the competitive criteria.

12. Will multiple proposals will be solicited for both types of work envisioned under the House Doctor contract (large, full service projects vs. smaller concept studies)?

CHA reserves the right to solicit multiple proposals for both types of service.

Item 3: Proposal Cover Sheet

PROPOSAL COVER SHEET

(Must be fully completed by the Proposer and included with RFP Response)

1. ACKNOWLEDGEMENT OF ADDENDA

(The proposer acknowledges receipt of addenda to the solicitation, if any)

Addendum No. ___1______ Date: _910/2025__

2. NAME AND ADDRESS OF PROPOSER COMPANY:

Company Name: ___________________________________

Street Address: ___________________________________

City, State, Zip code: ___________________________________

Telephone: ___________________________________

3. NAME AND TITLE OF OBLIGEE:

Name: ___________________________________________

Title: ___________________________________________

Email address: ___________________________________________

4. SIGNATURE OF OBLIGEE:

Item 4: CHA’s form of AIA Document B101-2017 Standard Form of Agreement Between Owner and Architect

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DRAFT AIA

Document B101® – 2017

Standard Form of Agreement Between Owner and Architect

AIA Document B101 – 2017. Copyright © 1974, 1978, 1987, 1997, 2007 and 2017. All rights reserved. “The American Institute of Architects,”

“American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of

Architects. This draft was produced at 16:32:21 ET on 02/28/2023 under Order No.2114412317 which expires on 02/27/2024, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com.

User Notes: (812140599)

ADDITIONS AND DELETIONS:

The author of this document has added information needed for its completion.

The author may also have revised the text of the original AIA standard form.

An Additions and Deletions

Report that notes added information as well as revisions to the standard form text is available from the author and should be reviewed.

This document has important legal consequences.

Consultation with an attorney is encouraged with respect to its completion or modification.

ELECTRONIC COPYING of any portion of this AIA® Document to another electronic file is prohibited and constitutes a violation of copyright laws as set forth in the footer of this document.

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AGREEMENT made as of the « » day of « » in the year « » (In words, indicate day, month and year.)

BETWEFEN the Architect’s client identified as the Owner:

(Name, legal status, address and other information) and the Architect:

(Name, legal status, address and other information) for the following Project:

(Name, location and detailed description)

The Owner and Architect agree as follows.

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AIA Document B101 – 2017. Copyright © 1974, 1978, 1987, 1997, 2007 and 2017. All rights reserved. “The American Institute of Architects,”

“American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of

Architects. This draft was produced at 16:32:21 ET on 02/28/2023 under Order No.2114412317 which expires on 02/27/2024, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com.

User Notes: (812140599)

TABLE OF ARTICLES

1 INITIAL INFORMATION

2 ARCHITECT’S RESPONSIBILITIES

3 SCOPE OF ARCHITECT’S BASIC SERVICES

4 SUPPLEMENTAL AND ADDITIONAL SERVICES

5 OWNER’S RESPONSIBILITIES

6 COST OF THE WORK

7 COPYRIGHTS AND LICENSES

8 CLAIMS AND DISPUTES

9 TERMINATION OR SUSPENSION

10 MISCELLANEOUS PROVISIONS

11 COMPENSATION

12 SPECIAL TERMS AND CONDITIONS

13 SCOPE OF THE AGREEMENT

ARTICLE 1 INITIAL INFORMATION

§ 1.1 This Agreement is based on the Initial Information set forth in this Section 1.1.

(For each item in this section, insert the information or a statement such as “not applicable” or “unknown at time of execution.”)

§ 1.1.1 The Owner’s program for the Project:

(Insert the Owner’s program, identify documentation that establishes the Owner’s program, or state the manner in which the program will be developed.)

« The program is established in the Request for Proposal (the “RFP” which is attached as Exhibit 1 and hereby incorporated by reference), which contains various requirements, including the Project goals and general scope, Project site, scope of services, submission requirements, schedule, and budget for the Cost of the Work. »

§ 1.1.2 The Project’s physical characteristics:

(Identify or describe pertinent information about the Project’s physical characteristics, such as size; location;

dimensions; geotechnical reports; site boundaries; topographic surveys; traffic and utility studies; availability of public and private utilities and services; legal description of the site, etc.)

§ 1.1.3 The Owner’s budget for the Cost of the Work, as defined in Section 6.1:

(Provide total and, if known, a line item breakdown.)

§ 1.1.4 The Owner’s anticipated design and construction milestone dates:

.1 Design phase milestone dates, if any:

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AIA Document B101 – 2017. Copyright © 1974, 1978, 1987, 1997, 2007 and 2017. All rights reserved. “The American Institute of Architects,”

“American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of

Architects. This draft was produced at 16:32:21 ET on 02/28/2023 under Order No.2114412317 which expires on 02/27/2024, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report

.2 Construction commencement date:

.3 Substantial Completion date or dates:

.4 Other milestone dates:

§ 1.1.5 The Owner intends the following procurement and delivery method for the Project:

(Identify method such as competitive bid or negotiated contract, as well as any requirements for accelerated or fast-track design and construction, multiple bid packages, or phased construction.)

§ 1.1.6 The Owner’s anticipated Sustainable Objective for the Project:

(Identify and describe the Owner’s Sustainable Objective for the Project, if any.)

§ 1.1.7 The Owner identifies the following representative in accordance with Section 5.3:

(List name, address, and other contact information.)

« Margaret Donnelly Moran; 362 Green St, Cambridge, MA 02139; mmoran@cambridge-housing.org; (617) 520- 6251 »

§ 1.1.8 The persons or entities, in addition to the Owner’s representative, who are required to review the Architect’s submittals to the Owner are as follows. Additional reviewing persons or entities may be added to satisfy any requirements of authorities having jurisdiction over the Project. Such additional reviews shall be considered a basic service and shall be at no additional cost to Owner:

§ 1.1.9 The Owner shall retain the following consultants and contractors:

(List name, legal status, address, and other contact information.)

.1 << Surveyor>>:

mailto:mmoran@cambridge-housing.org

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AIA Document B101 – 2017. Copyright © 1974, 1978, 1987, 1997, 2007 and 2017. All rights reserved. “The American Institute of Architects,”

“American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of

Architects. This draft was produced at 16:32:21 ET on 02/28/2023 under Order No.2114412317 which expires on 02/27/2024, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report

.2 << >>:

.3 Other, if any:

(List any other consultants and contractors retained by the Owner.)

§ 1.1.10 The Architect identifies the following representative in accordance with Section 2.3:

§ 1.1.11 The Architect shall retain the consultants identified in Sections 1.1.11.1 and 1.1.11.2:

(List name, legal status, address, and other contact information.)

§ 1.1.11.1 Consultants retained under Basic Services shall include the following firms, as well as, any other professionals necessary to provide program development, capital needs assessment, sustainable design (including energy modeling, co-generation modeling, and life cycle cost assessment), cost estimating, recycling and trash management, specification writing, construction administration, CADD and computer services, conformed construction documents, record as-designed documents, interior design, Building Information Management, value analysis, warranty inspections, telecommunications/security, and record as-built documents:

.1 Structural Engineer:

.2 Mechanical Engineer, including plumbing, heating, and ventilation:

.3 Electrical Engineer:

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AIA Document B101 – 2017. Copyright © 1974, 1978, 1987, 1997, 2007 and 2017. All rights reserved. “The American Institute of Architects,”

“American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of

Architects. This draft was produced at 16:32:21 ET on 02/28/2023 under Order No.2114412317 which expires on 02/27/2024, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report

.4 Civil Engineer:

.5 Landscape Architect:

§ 1.1.11.2 Consultants retained under Supplemental Services:

§ 1.1.12 Other Initial Information on which the Agreement is based:

§ 1.2 The Owner and Architect may rely on the Initial Information. Both parties, however, recognize that the Initial Information may materially change and, in that event, the Owner and the Architect shall appropriately adjust the Architect’s services, schedule for the Architect’s services, and the Architect’s compensation, subject to any restrictions or conditions applicable to adjustment of Architect’s compensation set forth herein. The Owner shall adjust the Owner’s budget for the Cost of the Work and the Owner’s anticipated design and construction milestones, as necessary, to accommodate material changes in the Initial Information. Provided, however, that neither an increase in the duration of the design period, nor an increase in the Cost of the Work that is not due to a change in scope, constitutes an Additional Service, Supplemental Service, Reimbursable, or otherwise serves as justification for an increase in the Architect’s compensation. Any request for additional compensation relating to a change in the Initial Information or the Owner’s budget shall be explained in writing by the Architect and approved by the Owner prior to incurring any additional costs or providing the services that form the basis for the request.

§ 1.3 The parties shall employ the protocols governing the transmission and use of Instruments of Service (or any other information or documentation in digital form) that were proposed by the Architect in its response to the RFP (the “RFP Response” which is attached as Exhibit 2), subject to the Owner’s ownership rights in the Instruments of Service per Section 7.1.

§ 1.3.1 Any use of, or reliance on, all or a portion of a building information model without agreement to protocols governing the use of, and reliance on, the information contained in the model and without having those protocols set forth in the Architect’s RFP Response (Exhibit 2), (or such other exhibit or form as may be set forth in Section 13.2), shall be at the using or relying party’s sole risk and without liability to the other party and its contractors or consultants, the authors of, or contributors to, the building information model, and each of their agents and employees.

ARTICLE 2 ARCHITECT’S RESPONSIBILITIES

§ 2.1 The Architect shall provide professional services as set forth in this Agreement. The Architect represents that it is properly licensed in the jurisdiction where the Project is located to provide the services required by this Agreement, or shall cause such services to be performed by appropriately licensed design professionals.

§ 2.2 At a minimum, the Architect shall perform its services consistent with the professional skill and care ordinarily provided by architects practicing in the same or similar locality under the same or similar circumstances. The Architect shall perform its services as expeditiously as is consistent with such professional skill and care and the

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AIA Document B101 – 2017. Copyright © 1974, 1978, 1987, 1997, 2007 and 2017. All rights reserved. “The American Institute of Architects,”

“American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of

Architects. This draft was produced at 16:32:21 ET on 02/28/2023 under Order No.2114412317 which expires on 02/27/2024, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report orderly progress of the Project. To the extent of any conflict or ambiguity between the obligations established by this Section 2.2 and any other obligations set forth in this Agreement, Architect shall perform in accordance with the more stringent obligations and shall be liable to Owner for all damages incurred by the Owner resulting from Architect’s failure to comply with such obligations.

§ 2.3 The Architect shall identify a representative authorized to act on behalf of the Architect with respect to the Project.

§ 2.4 Except with the Owner’s knowledge and consent, the Architect shall not engage in any activity, or accept any employment, interest or contribution that would reasonably appear to compromise the Architect’s professional judgment with respect to this Project.

§ 2.5 The Architect shall continuously maintain the following insurance until five (5) years after the termination of this Agreement. The Owner shall be provided thirty (30) days advance notification of termination or cancelation of insurance coverage.

§ 2.5.1 Commercial General Liability with policy limits of not less than « One Million Dollars » ($ «2,000,000» ) for each occurrence and « Two Million Dollars » ($ «2,000.000 » ) in the aggregate for bodily injury and property damage.

§ 2.5.2 Automobile Liability covering vehicles owned, and non-owned vehicles used, by the Architect with policy limits of not less than « One Million Dollars » ($ « 1,000,000 » ) per accident arising out of the ownership, maintenance and use of those motor vehicles, along with any other statutorily required automobile coverage.

§ 2.5.3 The Architect may achieve the required limits and coverage for Commercial General Liability and Automobile Liability through a combination of primary and excess or umbrella liability insurance, provided such primary and excess or umbrella liability insurance policies result in the same or greater coverage as the coverages required under Sections 2.5.1 and 2.5.2, and in no event shall any excess or umbrella liability insurance provide narrower coverage than the primary policy. The excess policy shall not require the exhaustion of the underlying limits only through the actual payment by the underlying insurers.

§ 2.5.4 Workers’ Compensation at statutory limits.

§ 2.5.5 Employers’ Liability with policy limits not less than « » ($ « » ) each accident, « » ($ « » ) each employee, and « » ($ « » ) policy limit.

§ 2.5.6 Professional Liability covering negligent acts, errors and omissions in the performance of professional services with policy limits of not less than « Five Million » ($ « 5,000,000 » ) per claim and « Five Million » ($ « 5,000,000 » ) in the aggregate. The scope of coverage provided by the policy shall encompass the all of the Architect’s professional services and obligations associated with the Work and/or services to be performed under this Contract and shall include coverage for the negligent acts or omissions of Architect’s Consultants. If the policy is in a “claims made” format, it shall include a retroactive date that is no later than the effective date of this Contract, and an extended reporting period of at least five years after the later of: (1) the date of official acceptance of the completed Project by the Owner; (2) the date of the opening of the Project to public use; (3) the date of the acceptance by the Contractor of a final pay estimate prepared by the Owner; or (4) the date of Substantial Completion of the Contract Documents and the taking of possession of the Project for occupancy by the Owner, which requirement can be met by providing renewal certificates of professional liability insurance to the Owner as evidence that this coverage is being maintained.

§ 2.5.7 Cyber / Network Privacy Liability covering financial losses arising from unauthorized access, destruction or corruption of data, including but not limited to privacy and data security breaches, virus transmission, violation of privacy laws or confidentiality agreements, investigation and breach notification expenses, denial of service and loss of income from network security failures with policy limits of not less than « One Million » ($ « 1,000,000 » ) per claim and « One Million » ($ « 1,000,000 » ) in the aggregate.

§ 2.5.8 Additional Insured Obligations. The Architect shall cause the primary and excess or umbrella polices for Commercial General Liability and Automobile Liability to include the Owner as an additional insured for claims

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AIA Document B101 – 2017. Copyright © 1974, 1978, 1987, 1997, 2007 and 2017. All rights reserved. “The American Institute of Architects,”

“American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of

Architects. This draft was produced at 16:32:21 ET on 02/28/2023 under Order No.2114412317 which expires on 02/27/2024, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report caused in whole or in part by the Architect’s negligent acts or omissions. The additional insured coverage shall be primary and non-contributory to any of the Owner’s and other required additional insured’s insurance policies and shall apply to both ongoing and completed operations. At the Owner’s direction, the Architect shall add lenders, investors, and other entities as additional insured parties.

§ 2.5.9 To the fullest extent permitted by law, the Architect hereby waives all rights of recovery (including rights of subrogation) against Owner and any other required additional insured for any claim, injury, loss or damage arising from any occurrence covered by insurance maintained (or required to be maintained) by Architect. The Architect shall require all requested insurance policies related to the work except Professional Liability and Cyber to include clauses waiving all rights of recovery under subrogation against Owner and any other additional insureds.

§ 2.5.10 Before starting services the Architect shall provide certificates of insurance to the Owner that evidence compliance with the requirements in this Section 2.5. If any Architect or its consultants' coverage is renewed at any time prior to completion of the services, Architect shall be responsible for obtaining updated insurance certificates for itself and its consultants and forwarding replacement certificates to the Owner within ten (10) days of the expiration date on any previously delivered certificate.

§ 2.5.11 The Architect agrees to contractually require its consultants to procure and maintain insurance to the same extent and subject to the same terms that Architect is required to do so under this Agreement. Architect assumes all responsibility for monitoring consultant agreements and insurance certificates for compliance with the insurance and other provisions of this Agreement.

§ 2.5.12 If Architect or any of its consultants has in force any insurance with higher limits than the required minimum amounts, such higher limits shall be available to the Owner and this Agreement shall be deemed to require such higher limits.

§ 2.6 Indemnity. To the fullest extent permitted by law, the Architect shall defend, indemnify and hold harmless the Owner and the Owner’s officers, agents, divisions, agencies, employees, representatives, successors and assigns from and against all claims, damages, losses and expenses, including but not limited to court costs and attorney’s fees, arising out of or resulting from the performance of any services by the Architect or its employees, agents, or consultants, including but not limited to those arising or resulting from bodily injury, sickness, disease or death, or to injury to or destruction of tangible property (other than the Work itself), or those arising or resulting from any act, omission, or neglect of Architect or its , consultants, anyone directly or indirectly employed by them, or anyone for whose acts they may be liable, regardless of whether or not such claim, damage, loss, or expense is caused in part by a party indemnified hereunder. Such obligation shall not be construed to negate, abridge, or reduce other rights or obligations of indemnity that would otherwise exist as to a party or person described in this Section 2.6. This indemnification obligation shall survive termination of this Agreement.

§ 2.6.1 In claims against any person or entity indemnified under this Section 2.6 by an employee of the Architect, a consultant, anyone directly or indirectly employed by them, or anyone for whose acts they may be liable, the indemnification obligation under Section 2.6 shall not be limited by a limitation on amount or type of damages, compensation, or benefits payable by or for the Architect or consultant under workers’ compensation acts, disability benefit acts, or other employee benefit acts.

ARTICLE 3 SCOPE OF ARCHITECT’S BASIC SERVICES

§ 3.1 The Architect’s Basic Services consist of those described in this Article 3. Services not set forth in this Article 3 are Supplemental Services, Additional Services, or Reimbursables.

§ 3.1.1 The Architect shall manage the Architect’s services, research applicable design criteria, attend Project meetings, communicate with members of the Project team, and report progress to the Owner. Unless otherwise specified in the Exhibit 1 (RFP) or Exhibit 2 (RFP Response), the Architect and their consultants shall include biweekly meetings with the Owner, monthly meetings with the Town, quarterly meetings with Owner residents, and monthly meetings with neighbors and/or community members within Basic Services.

§ 3.1.2 The Architect shall coordinate its services with those services provided by the Owner and the Owner’s consultants. The Architect shall be entitled to rely on, and shall not be responsible for, the accuracy, completeness, and timeliness of, services and information furnished by the Owner and the Owner’s consultants. The Architect shall

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AIA Document B101 – 2017. Copyright © 1974, 1978, 1987, 1997, 2007 and 2017. All rights reserved. “The American Institute of Architects,”

“American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of

Architects. This draft was produced at 16:32:21 ET on 02/28/2023 under Order No.2114412317 which expires on 02/27/2024, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report provide prompt written notice to the Owner if the Architect becomes aware of any error, omission, or inconsistency in such services or information. Failure to provide such notice shall waive any claim to additional compensation relating to such error, omission, or inconsistency and shall cause Architect to be liable for all costs that could have been avoided by prompt written notice as set forth herein.

§ 3.1.3 As soon as practicable after the date of this Agreement, the Architect shall submit for the Owner’s approval a schedule for the performance of the Architect’s services that conforms with the Initial Information. The schedule initially shall include anticipated dates for the completion of Concept Design Phase Services, Schematic Design Phase Services, Design Development Phase Services, Construction Document Phase Services, Procurement Phase Services, commencement of construction, and for Substantial Completion of the Work as set forth in the Initial Information. The schedule shall include allowances for periods of time required for the Owner’s review, for the performance of the Owner’s consultants, and for approval of submissions by authorities having jurisdiction over the Project. Once approved by the Owner, time limits established by the schedule shall not, except for reasonable cause, be exceeded by the Architect. With the Owner’s approval, the Architect shall adjust the schedule, if necessary, as the Project proceeds until the commencement of construction. An adjustment in the duration of the design period is not an Additional Service, Supplemental Service, Reimbursable, or otherwise sufficient cause for an adjustment in the Architect’s compensation.

§ 3.1.3.1 The RFP and/or the Owner’s Initial Information may require that the work be constructed and/or completed in different phases (which may be concurrent or sequential), potentially including separate milestones for completion and turnover of distinct aspects of the Work. Architect shall take this into account and reflect such phases and/or milestones in Architect’s schedule for the performance of Architect’s services.

§ 3.1.4 The Architect shall not be responsible for an Owner’s directive or substitution, or for the Owner’s acceptance of non-conforming Work, made or given without the Architect’s written approval.

§ 3.1.5 The Architect shall contact governmental authorities required to approve the Construction Documents and entities providing utility services to the Project in close coordination with the Owner. The Architect shall respond to applicable design requirements imposed by those authorities and entities.

§ 3.1.6 The Architect shall assist the Owner in connection with the Owner’s responsibility for filing documents required for the approval of governmental authorities having jurisdiction over the Project.

§ 3.2 Concept Design Phase Services § 3.2.1 The Architect shall review the program and other information furnished by the Owner, and shall review laws, codes, and regulations applicable to the Architect’s services.

§ 3.2.2 The Architect shall prepare a preliminary evaluation of the Owner’s program, schedule, budget for the Cost of the Work, Project site, the proposed procurement and delivery method, and other Initial Information, each in terms of the other, to ascertain the requirements of the Project. The Architect shall notify the Owner of (1) any inconsistencies discovered in the information, and (2) other information or consulting services that may be reasonably needed for the Project.

§ 3.2.3 The Architect shall thoroughly review the requirements of the RFP, collect and study all available concept plans, drawings, reports, maintenance reports, and other existing data pertaining to the Project. The Architect shall visit the site and become familiar with existing conditions, including inspection of units, as they relate to the scope.

If applicable, the Architect will survey residents and interview Owner staff. If applicable to confirm the feasibility of Conceptual Design for gut rehabilitation, the Architect’s documentation shall include an evaluation of existing building systems, anticipated to be limited to the structure and façade. The Architect shall consider zoning regulations and building codes and regulations such as those related to accessibility, funding requirements such as Massachusetts Executive Office of Housing and Livable Communities (EOHLC) design standards, existing drawings and specifications, and such other information as may be set forth in the RFP.

§ 3.2.4 Upon the review of existing building conditions and drawing, zoning regulations and building codes, the Architect shall then prepare a formal “Conceptual Design Report” which assesses the feasibility of a gut rehabilitation of the building and addition of new units at the site for Owner review. Once the Owner reviews and is

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AIA Document B101 – 2017. Copyright © 1974, 1978, 1987, 1997, 2007 and 2017. All rights reserved. “The American Institute of Architects,”

“American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of

Architects. This draft was produced at 16:32:21 ET on 02/28/2023 under Order No.2114412317 which expires on 02/27/2024, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com.

User Notes: (812140599) in agreement with the Report, the Architect shall finalize the Conceptual Design Report. The Conceptual Design Report will satisfy at least the following minimum requirements:

.1 Analyze and describe the existing conditions of the building’s systems as they relate to the feasibility of a new building design;

.2 Analyze and summarize State and Federal codes and/or contemporary design and construction standards, including, without limitation accessibility codes and standard engineering practices as they relate to the scope of the proposed design concepts;

.3 Analyze and summarize zoning regulations that will impact the development of the project. Provide a description of zoning constraints and opportunities, implications of the permitting process associated with both the Affordable Housing Overlay and a comprehensive zoning variance process, highlighting areas that require additional research;

.4 Develop, detail, and explain a base energy model for the property;

.5 Prepare, present, and revise three conceptual design options that include the following elements: site plan, building floor plans, and a combination of study models, perspective sketched or digital representations.

§ 3.3 Schematic Design Phase Services § 3.3.1 Either in conjunction with or immediately following its performance of Concept Design Phase Services, the Architect shall update their review of the program and other information furnished by the Owner, and their review of laws, codes, and regulations applicable to the Architect’s services.

§ 3.3.2 The Architect shall update their preliminary evaluation of the Owner’s program, schedule, budget for the Cost of the Work, Project site, the proposed procurement and delivery method, and other Initial Information, each in terms of the other, to ascertain the requirements of the Project. The Architect shall notify the Owner of (1) any inconsistencies discovered in the information, and (2) other information or consulting services that may be reasonably needed for the Project.

§ 3.3.3 The Architect shall present its updated preliminary evaluation to the Owner and shall discuss with the Owner alternative approaches to design and construction of the Project. Based on this discussion, the Architect and Owner shall finalize the requirements of the Project including but not limited to size, unit mix, and building typology. The Architect shall submit a proposed design work plan pursuant to this Agreement including anticipated tasks and submittals. The Architect shall also submit to the Owner a proposed schedule containing dates for submittals, deliverables, actions, milestones, design workshops, meetings, and the critical path through all design service activities. It shall include time for the Owner’s review and approval of submittals and for necessary submissions for permits in connection with the Project. The work plan shall also include an estimate of the Cost of the Work.

§ 3.3.4 Based on the Project requirements agreed upon with the Owner, the Architect shall prepare and present, for the Owner’s approval, three preliminary design options for each element of the project illustrating the scale and relationship of the Project components. The preliminary design options shall provide a basic understanding of at least the site plan, landscaping plan, floor plates, unit layouts, materials, and systems.

§ 3.3.5 Based on the Owner’s approval of the preliminary design, the Architect shall prepare Schematic Design Documents for the Owner’s approval. The Schematic Design Documents shall consist of drawings and other documents including a site plan, if appropriate, and preliminary building plans, sections and elevations; and may include some combination of study models, perspective sketches, or digital representations. Preliminary selections of major building systems and construction materials shall be noted on the drawings or described in writing. The Owner’s requirements for Schematic Design Documents are further defined in the Owner’s Design Phase Requirements (Exhibit 5).

§ 3.3.5.1 The Architect shall consider sustainable design alternatives, such as material choices and building orientation, together with other considerations based on program, aesthetics, and relevant zoning, permitting and design guidelines, in developing a design that is consistent with the Owner’s program, schedule and budget for the Cost of the Work. The Architect shall consider at least, but not limit their analysis to, if applicable, EOHLC’s Qualified Allocation plan, the Zoning Ordinance, and HUD’s design standards for federal public

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AIA Document B101 – 2017. Copyright © 1974, 1978, 1987, 1997, 2007 and 2017. All rights reserved. “The American Institute of Architects,”

“American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of

Architects. This draft was produced at 16:32:21 ET on 02/28/2023 under Order No.2114412317 which expires on 02/27/2024, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report housing. The Owner may obtain more advanced sustainable design services as a Supplemental Service under Section 4.1.1.

§ 3.3.5.2 The Architect shall consider the value of alternative materials, building systems and equipment, together with other considerations based on program and aesthetics, in developing a design for the Project that is consistent with the Owner’s program, schedule, and budget for the Cost of the Work.

§ 3.3.6 The Architect shall submit to the Owner an estimate of the Cost of the Work prepared in accordance with Section 6.3. Redesign work in order to produce an estimate of the Cost of the Work consistent with the Owner’s estimate provided in the Initial Information is not an Additional Service, Supplemental Service, or Reimbursable.

§ 3.3.7 The Architect shall submit the Schematic Design Documents to the Owner, and request the Owner’s approval. The Architect shall submit the Schematic Design Documents to the Owner in this fashion at the 50% and 100% completeness stages.

§ 3.4 Design Development Phase Services § 3.4.1 Based on the Owner’s approval of the Schematic Design Documents, and on the Owner’s authorization of any adjustments in the Project requirements and the budget for the Cost of the Work, the Architect shall prepare Design Development Documents for the Owner’s approval. The Design Development Documents shall illustrate and describe the development of the approved Schematic Design Documents and shall consist of drawings and other documents including plans, sections, elevations, typical construction details, and diagrammatic layouts of building systems to fix and describe the size and character of the Project as to architectural, structural, mechanical and electrical systems, and other appropriate elements. The Design Development Documents shall also include outline specifications that identify major materials and systems and establish, in general, their quality levels. The Owner’s requirements for Design Development Documents are further defined in the Owner’s Design Phase Requirements (Exhibit 5).

§ 3.4.2 Reserved.

§ 3.4.3 The Architect shall submit the Design Development Documents to the Owner, advise the Owner of any adjustments to the estimate of the Cost of the Work, and request the Owner’s approval.

§ 3.5 Construction Documents Phase Services § 3.5.1 Based on the Owner’s approval of the Design Development Documents, and on the Owner’s authorization of any adjustments in the Project requirements and the budget for the Cost of the Work, the Architect shall prepare Construction Documents for the Owner’s approval. The Construction Documents shall illustrate and describe the further development of the approved Design Development Documents and shall consist of Drawings and Specifications setting forth in detail the quality levels and performance criteria of materials and systems and other requirements for the construction of the Work. The Owner and Architect acknowledge that, in order to perform the Work, the Contractor will provide additional information, including Shop Drawings, Product Data, Samples and other similar submittals, which the Architect shall review in accordance with Section 3.7.4. The Owner’s requirements for Construction Documents are further defined in the Owner’s Design Phase Requirements (Exhibit 5).

§ 3.5.2 The Architect shall incorporate the design requirements of governmental authorities having jurisdiction over the Project into the Construction Documents.

§ 3.5.3 The Architect shall update the estimate for the Cost of the Work prepared in accordance with Section 6.3.

§ 3.5.4 The Architect shall submit the Construction Documents to the Owner, advise the Owner of any adjustments to the estimate of the Cost of the Work, take any action required under Section 6.5, and request the Owner’s approval.

§ 3.6 Procurement Phase Services § 3.6.1 General § 3.6.1.1 The Architect shall assist the Owner in establishing a list of prospective contractors. Following the Owner’s approval of the Construction Documents, the Architect shall assist the Owner in (1) obtaining either

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AIA Document B101 – 2017. Copyright © 1974, 1978, 1987, 1997, 2007 and 2017. All rights reserved. “The American Institute of Architects,”

“American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of

Architects. This draft was produced at 16:32:21 ET on 02/28/2023 under Order No.2114412317 which expires on 02/27/2024, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report competitive bids or negotiated proposals; (2) confirming responsiveness of bids or proposals; (3) determining the successful bid or proposal, if any; and, (4) awarding and preparing contracts for construction. The Architect shall assist the Owner in the development and preparation of (1) procurement information that describes the time, place, and conditions of bidding, including bidding or proposal forms and (2) the form of the Contract Documents.

§ 3.6.1.2 If the Project has to be re-solicited because of a defect in the bid or proposal documents prepared by the Architect or in procedures proposed by the Architect, the Architect shall correct the defect and take the necessary actions for re-soliciting the Project on proper solicitation documents without any additional compensation to the Architect.

§ 3.6.1.3 If the Owner awards a Contract for Construction for an amount that exceeds the amount established in the Architect’s estimate of the Cost of the Work, such an award will not affect the Architect’s compensation.

§ 3.6.2 Competitive Bidding § 3.6.2.1 Bidding Documents shall consist of bidding requirements and proposed Contract Documents.

§ 3.6.2.2 The Architect shall assist the Owner in bidding the Project by:

.1 facilitating the distribution of Bidding Documents to prospective bidders;

.2 organizing and conducting a pre-bid conference for prospective bidders;

.3 preparing responses to questions from prospective bidders and providing clarifications and interpretations of the Bidding Documents to the prospective bidders in the form of addenda; and, .4 organizing and conducting the opening of the bids, and subsequently documenting and distributing the bidding results, as directed by the Owner.

§ 3.6.3 Negotiated Proposals § 3.6.3.1 Proposal Documents shall consist of proposal requirements and proposed Contract Documents.

§ 3.6.3.2 The Architect shall assist the Owner in obtaining proposals by:

.1 facilitating the distribution of Proposal Documents for distribution to prospective contractors and requesting their return upon completion of the negotiation process;

.2 organizing and participating in selection interviews with prospective contractors;

.3 preparing responses to questions from prospective contractors and providing clarifications and interpretations of the Proposal Documents to the prospective contractors in the form of addenda; and, .4 participating in negotiations with prospective contractors, and subsequently preparing a summary report of the negotiation results, as directed by the Owner.

§ 3.7 Construction Phase Administration Services § 3.7.1 General § 3.7.1.1 The Architect shall provide administration of the Contract between the Owner and the Contractor as set forth below and in AIA Document A201™–2017, General Conditions of the Contract for Construction, as revised, or such other form of General Conditions document as shall be used by Owner and specified herein.

§ 3.7.1.2 The Architect shall advise and consult with the Owner during the Construction Phase Services. The Architect shall have authority to act on behalf of the Owner only to the extent provided in this Agreement. The Architect shall not have control over, charge of, or responsibility for the construction means, methods, techniques, sequences or procedures, or for safety precautions and programs in connection with the Work, nor shall the Architect be responsible for the Contractor’s failure to perform the Work in accordance with the requirements of the Contract Documents. The Architect shall be responsible for the Architect’s acts or omissions and the acts and omissions of its consultants, but shall not have control over or charge of, and shall not be responsible for, acts or omissions of the Contractor or of any other persons or entities performing portions of the Work.

required

§ 3.7.1.3 Subject to Section 4.2 and except as provided in Section 3.7.6.5, the Architect’s responsibility to provide Construction Phase Services commences with the award of the Contract for Construction and terminates on the date the Architect issues the final Certificate for Payment.

§ 3.7.1.4 If the Work has not reached Substantial Completion within the deadline for Substantial Completion (as set forth in the Contract Documents and as agreed to by the Architect), the Architect shall continue to provide

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AIA Document B101 – 2017. Copyright © 1974, 1978, 1987, 1997, 2007 and 2017. All rights reserved. “The American Institute of Architects,”

“American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of

Architects. This draft was produced at 16:32:21 ET on 02/28/2023 under Order No.2114412317 which expires on 02/27/2024, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report construction phase services for a period of 60 calendar days beyond the deadline for Substantial Completion at no additional cost.