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DOCUMENT 00 7300
SUPPLEMENTARY GENERAL CONDITIONS
I. THE GENERAL CONDITIONS
The "General Conditions of the Contract for Construction", AIA Document A201 - 2007, Articles 1 through 15 inclusive,
is hereby made a part of the requirements of this Contract.
II. THE SUPPLEMENTARY GENERAL CONDITIONS
The following supplements modify, delete and/or add to the General Conditions. Where any Article, Paragraph or
Subparagraph in the General Conditions is supplemented by one of the following paragraphs, the provisions of such
Article, Paragraph, or Subparagraph shall remain in effect and the supplemental provisions shall be considered as
added thereto. Where any Article, Paragraph, or Subparagraph in the General Conditions is amended, voided or
superseded by any of the following paragraphs, the provisions of such Article, Paragraph or Subparagraph not so
amended, voided, or superseded shall remain in effect.
III. MODIFICATIONS TO VARIOUS ARTICLES OF THE AIA GENERAL CONDITIONS
ARTICLE 1: GENERAL PROVISIONS
1.1 BASIC DEFINITIONS
1.1.1 Add the following Subparagraphs 1.1.1.1 and 1.1.1.2:
Ҥ 1.1.1.1 In the event of any conflict among the Contract Documents, the Documents shall be construed according
to the following priorities:
Highest Priority: Modifications, with later date having greater priority.
Second Priority: Agreement.
Third Priority: Addenda with later date having greater priority.
Fourth Priority: Supplementary General Conditions.
Fifth Priority: General Conditions.
Sixth Priority: Drawings and Specifications.
Seventh Priority: Bidding Requirements
Notwithstanding the order of priority of documents set forth in Article 1.1.1, any matters contained in the
Specifications which have been omitted from the Drawings or vice versa shall be construed as though contained in
both. In the event of any duplication, conflict, or discrepancy between the Drawings and the Specifications or
between other contract clauses, so far as the same pertains to the Drawings, the Specifications or any modifications
to the Drawings or the Specifications, the matter shall be promptly brought to the attention of the Architect, without
whose instructions the Contractor shall not adjust the matter except at his own risk. Any instructions of the Architect
shall be given in writing.”
§ 1.1.1.2 Statutory Provisions: Construction of this Project is subject to statutes governing public construction
contracts in the Commonwealth of Massachusetts (referred to in such paragraphs or subparagraphs as the
“Commonwealth”). When a reference to M.G.L. (“Statutory Reference”) introduces a change, the amended text is
intended to be consistent with the statute cited and any deviations or inconsistencies are unintentional. In case of
conflict between such statutory provisions and other provisions of the Contract Documents, the statutory provisions
shall govern.”
1.1.2 Delete the third sentence of Subparagraph 1.1.2 and replace with “Except as provided in Paragraph 3.18, nothing
contained in the Contract Documents shall be construed to create a contractual relationship of any kind (1) between
the Contractor, Owner’s Project Manager, Architect, or the Architect’s Consultants, (2) between the Owner, the
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Owner’s Project Manager, the Architect, and a Subcontractor or Sub-subcontractor, (3) between the Owner, the
Owner’s Project Manager, and the Architect or the Architect’s Consultants, or (4) between any persons or entities
other than the Owner and the Contractor.”
1.1.2 Delete the fourth sentence of Subparagraph 1.1.2 without replacement.
1.1.8 Delete the sentence of Subparagraph 1.1.8 and replace with “The Architect will serve as the Initial Decision Maker
referenced in these General Conditions.”
1.2 CORRELATION AND INTENT OF THE CONTRACT DOCUMENTS
1.2.1 After the last sentence of Subparagraph 1.2.1, add “All Work mentioned or indicated in the Contract Documents
shall be performed by the Contractor as part of this Contract unless it is specifically indicated in the Contract
Documents that such Work is to be done by others. Should the Drawings or the Specifications disagree in
themselves or with each other, the Contractor shall provide the better quality or greater quantity of Work in
accordance with the Architect’s written interpretation unless otherwise directed by written addendum to the Contract
or as directed by the Architect.”
1.2.2 In the first sentence and after “any trade” of Subpararaph 1.2.2, add “, except the Contractor shall not divide the
work of any filed sub-bid trade, bids for which have been received separately by the Awarding Authority in
accordance with Chapter 149 of the Laws of the Commonwealth of Massachusetts. The Contractor and all
Subcontractors shall refer to all of the Drawings, and to all of the Sections of the Specifications, and shall perform
all Work reasonably inferable therefrom as being necessary to produce the indicated results.”
1.2.4 - Add the following Subparagraphs 1.2.4 through 1.2.11:
1.2.11
Ҥ 1.2.4 All indications or notations which apply to one of a number of similar situations, materials or processes shall
be deemed to apply to all such situations, materials or processes wherever they appear in the Work, except where a
contrary result is clearly indicated by the Contract Documents.
§ 1.2.5 Where codes, standards, requirements and publications of public and private bodies are referred to in the
Specifications, references shall be understood to be to the latest revision prior to the date of receiving bids, except
where otherwise indicated.
§ 1.2.6 Where no explicit quality or standards for materials or workmanship are established for Work, such Work is
to be of good quality for the intended use and consistent with the quality of the surrounding Work and of the
construction of the Project generally.
§ 1.2.7 All manufactured articles, materials, and equipment shall be applied, installed, connected, erected, used,
cleaned, and conditioned in accordance with the manufacturer's written or printed directions and instructions unless
otherwise indicated in the Contract Documents.
§ 1.2.8 The Drawings are diagrammatic only, and are not intended to show precisely the alignment, physical
locations or configurations of such Work. Such Work shall be installed without additional cost to the Owner to clear
all obstructions, permit proper clearances for the Work of other trades, and present an orderly appearance where
exposed. Prior to beginning such Work, the Contractor shall prepare coordination drawings showing the exact
alignment, physical location and configuration of the installations and demonstrating to the Contractor's satisfaction
that the installations will comply with the preceding sentence. The Contractor shall be solely liable and responsible
for any costs and/or delays resulting from the Contractor’s failure to timely submit such coordination drawings for
Architect’s review.
§ 1.2.9 Exact locations of fixtures and outlets shall be obtained from the Architect as provided in subparagraph 3.2.5
before the Work is roughed in; Work installed without such information from the Architect shall be relocated at the
Contractor's expense.
§ 1.2.10 Test boring or soil test information included with the Contract Documents or otherwise made available to
the Contractor was obtained by the Owner for use by the Architect in the design of the Project or Work. The Owner
does not hold out such information to the Contractor as an accurate or approximate indication of subsurface
conditions, and no claim for extra cost or extension of time resulting from a reliance by the Contractor on such
information shall be allowed except as provided in subparagraph 4.3.6.
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§ 1.2.11 Where the Work is to fit with existing conditions or work to be performed by others, the Contractor shall fully
and completely join the Work with such conditions or work, unless otherwise specified. Owner provided drawings
showing existing conditions or construction are based on available documents and are not guaranteed to show
actual existing conditions. The Contractor will make necessary adjustments and changes required by actual
conditions now existing at no additional cost to the Owner.”
1.5 OWNERSHIP AND USE OF DRAWINGS, SPECIFICATIONS AND OTHER INSTRUMENTS OF SERVICE
1.5.1 Delete Subparagraph 1.5.1 and replace with the following:
Ҥ 1.5.1 All Drawings, Specifications and copies thereof furnished by the Owner are and shall remain the Owner's
property. They are to be used only with respect to this Project and are not to be used on any other project without
the prior written consent of the Owner. With the exception of one contract set for each party to the Contract, such
documents are to be returned or suitably accounted for to the Owner at the completion of the Work. Submission or
distribution to meet official regulatory requirements or for other purposes in connection with the Project is not to be
construed as publication in derogation of any reserved rights.”
1.6 TRANSMISSION OF DATA IN DIGITAL FORM
1.6 In the first sentence and after “necessary protocols” of Paragraph 1.6, add “and payments”.
1.6.1 Add the following Subparagraph 1.6.1:
“§ 1.6.1 The Architect’s Drawings shall not alter nor diminish the Contractor’s and Subcontractor’s responsibilities
under other provisions of these Contract Documents, including, but not limited to, Paragraph 3.2 of the General
Conditions.”
ARTICLE 2: OWNER
2.1 GENERAL
2.1.1 Delete the last sentence of Subparagraph 2.1.1 and replace with “Where the term ‘Awarding Authority’ appears in
any statutory provision, it shall mean the Owner. The Owner and its authorized representatives, as well as Architect
and Owner’s Project Manager, if any, shall at all times have access to and be permitted to observe and review all
Work, materials, payrolls, records of personnel, conditions of employment, invoices for materials, and generally all
records relating to the Work. No member, officer, agent, employee, representative or official of the Owner shall in
any way, directly or indirectly, be personally liable, under any provisions of the Contract.”
2.1.2 Delete Subparagraph 2.1.2 and replace with the following:
Ҥ2.1.2 No officer, official, agent or employee of Owner shall have the power to amend, modify or alter the Contract or
waive any of its provisions or to bind the Owner by making any promise or representation not contained herein
except by an amendment, in writing, executed by the Owner in the same manner as the Contract is executed.
Neither party may rely on any conduct, statement, action, inaction or course of conduct of the employees, agents or
officers of the other party as having changed, modified or amended the Contract. Neither party shall be construed
as waiving any provision of the Contract unless the waiver is executed in writing as an amendment to the Contract.
No waiver by either party of any default of breach shall constitute a waiver of any subsequent default or breach.
Forbearance or indulgence in any form or manner by either party shall not be construed as waiver of any term or
condition hereto nor shall it limit the legal or equitable remedies available to that party.”
2.2 INFORMATION AND SERVICES REQUIRED OF THE OWNER
2.2.1 Delete Subparagraph 2.2.1 without replacement.
2.2.2 Delete Subparagraph 2.2.2 without replacement.
2.2.3 Delete Subparagraph 2.2.3 and replace with the following:
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Ҥ 2.2.1 The Owner shall not be responsible for furnishing surveys (unless required for the execution of the work and
requested by the Contractor in writing) or other information as to the physical characteristics of, legal limitations of or
utility locations for the project site, but shall furnish or caused to be furnished to the Contractor a legal description of
the Project site, which shall not constitute one of the Contract Documents. Contractor shall confirm the location of
each utility, shall excavate and dispose of each on-site utility and shall cap each off-site utility as required by the
Work and as may be included in the Specifications. Owner has made available to Contractor, and the Contractor
has studied the results of such test borings and information that it has as to subsurface conditions and site geology.
Owner does not assume any responsibility whatsoever with respect to the sufficiency or accuracy of borings made,
or of the logs of test borings, or of other investigations, or of the interpretations made thereof, and there is no
warranty or guaranty, express or implied, that the conditions indicated by such investigation, borings, logs, or
information are representative of those existing throughout the Project site, or any part thereof, or that unforeseen
developments may not occur. At Owners request, the Contractor shall make available to the Owner the result of any
site investigation, test borings, analyses, studies or other tests conducted by or in possession of the Contractor or
any of its agents. The Contractor represents that it is familiar with the Project site and has received all information it
needs concerning the conditions of the Project site. The Contractor represents that it inspected location of the Work
and has satisfied itself as to the condition thereof, including, without limitation, all structural, surface and subsurface
conditions. The Contractor shall undertake such further investigations and studies as may be necessary or useful to
determine surface and subsurface conditions. Based upon the foregoing inspections, understandings, agreements
and acknowledgments, the Contractor agrees and acknowledges (I) that the Contract Sum is just and reasonable
compensation for all the Work, including all unforeseen, foreseen and foreseeable risks, hazards and difficulties in
connection therewith, (2) that the Contract Time is adequate for the performance of the Work and (3) that the Work
shall not result in any lateral or vertical movement of any structure. The Contractor shall have no claims for surface
or subsurface conditions encountered. The Contractor shall exercise special care in executing subsurface work in
proximity of known subsurface utilities, improvements and easements. The Owner makes no warranty as to the
accuracy or completeness of such information, and the Contractor shall exercise proper precautions relating to the
safe performance of the Work.”
2.2.4 Delete Subparagraph 2.2.4 and replace with the following:
Ҥ 2.2.2 Information or services required of the Owner hereunder shall be furnished by the Owner with reasonable
promptness after receipt from the Contractor of a written request for such information or services.”
2.2.5 Delete Subparagraph number “2.2.5” and replace with “2.2.3”
2.3 OWNER’S RIGHT TO STOP THE WORK
2.3 Add the following Subparagraph 2.3.1:
Ҥ 2.3.1 The Owner shall also have the authority, without any notice to the Contractor, to clean up or correct any
situation which presents a hazardous or unsafe condition, or which materially affects the Owner’s use of the facility.
Reasonable costs incurred by the Owner for such clean-up or correction shall be charged to the Contractor and paid
to the Owner by the Contractor.”
2.4 OWNER’S RIGHT TO CARRY OUT THE WORK
2.4 Delete Subparagraph 2.4 and replace with the following:
“§ 2.4 OWNER’S RIGHT TO CARRY OUT THE WORK
If the Contractor defaults or neglects to carry out the Work in accordance with the Contract Documents and fails
within a seven (7)-day period after receipt of written notice from the Owner to commence and continue correction of
such default or neglect with diligence and promptness, the Owner may, without prejudice to other remedies the
Owner may have, correct such deficiencies. In such case an appropriate Construction Change Directive shall be
issued deducting from payments then or thereafter due the Contractor the reasonable cost of correcting such
deficiencies, including Owner’s expenses and compensation for the Architect’s and Owner’s Project Manager’s
additional services made necessary by such default, neglect or failure. If payments then or thereafter due the
Contractor are not sufficient to cover such amounts, the Contractor shall pay the difference to the Owner. The rights
of the Owner hereunder are in addition to any other rights set forth in the Contract Documents or available at law or
in equity.”
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2.4.1 Add the following Subparagraph 2.4.1:
“§ 2.4.1 The Contractor’s warranty required by Section 3.5 of the General Conditions shall remain in full effect for
work corrected by Owner in accordance with this section.”
ARTICLE 3: CONTRACTOR
3.1 GENERAL
3.1.1 In the second sentence and after “licensed” of Subparagraph 3.1.1, delete “, if required in the jurisdiction where the
Project is located.” without replacement.
3.1.2 After the last sentence of Subparagraph 3.1.2, add “The Contractor warrants that its financial condition is sound and
that the Contractor shall be capable of obtaining any bonds required by the Contract Documents. The Contractor
shall promptly advise the Owner of any occurrence, event, fact, or other matter that has had or will have a materially
adverse effect upon the financial condition of the Contractor.”
3.2 REVIEW OF CONTRACT DOCUMENTS AND FIELD CONDITIONS BY CONTRACTOR
3.2.1 After the last sentence of Subparagraph 3.2.1, add “, and evaluated and satisfied itself as to the conditions and
limitations under which the Work is to be performed, including, without limitation (1) the location, condition, layout
and physical conditions of the Project site and surrounding areas, (2) generally prevailing climatic conditions, (3)
anticipated labor supply and costs, (4) availability and cost of materials, tools and equipment, and (5) other similar
issues. The Owner shall not be required to make any adjustment in the Contract Time or Cost in connection with
any failure by the Contractor or any Subcontractor to comply with the requirements of this Paragraph 3.2.1. Before
starting the Work, and at frequent intervals during the progress thereof, the Contractor shall carefully study and
compare the Contract Documents with each other and with the information furnished by the Owner pursuant to
Article 2 and shall at once report to the Architect any error, inconsistency or omission the Contractor may discover.
Any necessary change shall be ordered as provided in Article 7, subject to the requirements of Paragraph 1.2 and
other provisions of the Contract Documents. If the Contractor proceeds with the Work without such notice to the
Architect, having discovered such errors, inconsistencies or omissions, or if by reasonable study of the Contract
Documents the Contractor could have discovered such, the Contractor shall bear all costs arising therefrom. The
Contractor shall not be entitled to any change in the Contract Time or Contract Sum on account of its failure, or that
of any Subcontractor, to comply with the foregoing requirements.”
3.2.2 Delete Subparagraph 3.2.2 and replace with the following:
Ҥ 3.2.2 Before starting the Work, and at frequent intervals during the progress thereof, the Contractor shall carefully
study and compare the Contract Documents with each other and with the information furnished by the Owner
pursuant to subparagraph 2.2.3 and shall at once report to the Architect and the Owner’s Project Manager in writing
any error, inconsistency or omission the Contractor may discover. Any necessary change shall be ordered as
provided in Article 7, subject to the requirements of subparagraph 1.2, as amended, and other provisions of the
Contract Documents. If the Contractor proceeds with the Work without such notice to the Architect, having
discovered such errors, inconsistencies or omissions, or if by reasonable study of the Contract Documents the
Contractor could have discovered such, the Contractor shall bear all costs arising therefrom.”
3.2.3 In the first sentence and after “Contractor is” of Subparagraph 3.2.3, delete “not” without replacement.
After the last sentence of Subparagraph 3.2.3, add “Nothing in this subparagraph 3.2.3 relieves the Contractor of the
legal compliance requirements of Subparagraph 3.7.2.”
3.2.4 Delete the last sentence of Subparagraph 3.2.4 and replace with “The Contractor shall be liable for damage to the
extent the Contractor reasonably should have, but failed to, discover such error, inconsistency or omission. If the
Contractor performs any construction activity knowing it involves a recognized error, inconsistency or omission in the
Contract Documents without such notice to the Architect, the Contract shall assume appropriate responsibility for
such performance and shall bear an appropriate amount of the attributable costs for such correction.”
3.2.5 Add the following Subparagraph 3.2.5:
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Ҥ 3.2.5 Any claim by the Contractor or Subcontractor that, in submitting their respective bid proposals, they did not
include all items as shown in the Contract Documents, will be given no consideration for an adjustment of any kind.
If any item is specified in a Section which would not normally furnish this item it shall be the responsibility of the
Contractor to coordinate the situation with the Subcontractor, and if the item under consideration is not to be
provided by the Subcontractor it shall be the responsibility of the Contractor to provide the work in questions, without
any additional cost to the Owner. The Contractor shall not proceed with any Work not clearly and consistently
defined in detail in the Contract Documents but shall request additional information from the Architect. If the
Contractor proceeds with such Work without obtaining further information, the Contractor shall correct Work
incorrectly done at the Contractor’s own expense.”
3.2.6- Add the following Subparagraphs 3.2.6 through 3.2.6.3:
3.2.6.3
Ҥ 3.2.6 The Contractor shall reimburse the Owner for costs incurred by the Architect and the Project manager for
design and construction administration services which are caused by the Contractor’s inefficient execution of its
Work. These may include, but are not limited to, the cost of the Architect or Project Manager to perform:
§ 3.2.6.1 Repeated review of the Contractor’s resubmittals and submittals, substantially out of sequence from the
submittal schedule provided by the Contractor and agreed to by the Architect.
§ 3.2.6.2 An extensive number of responses to the Contractor’s requests for information where such information is
available to the Contractor from a careful study and comparison of the Contract Documents, field conditions, other
Owner-provided information, Contractor-prepared coordination drawings or prior Project correspondence or
documentation.
§ 3.2.6.3 Evaluation of an extensive number of substitutions proposed by the Contractor or requested revisions to
the Contract Documents resulting therefrom.
3.2.7 Add the following Subparagraph 3.2.7:
Ҥ 3.2.7 The Contractor shall notify the Owner and Architect in writing of any existing damage to the property or any
unsafe conditions at the site prior to commencing the Work.”
3.2.8 - Add the following Subparagraphs 3.2.8 through 3.2.9:
3.2.9
§3.2.8 The Contractor may submit requests for information (RFI’s) to the Architect to help facilitate the Contractor’s
performance of the Contract, subject to conditions and procedures set forth in the Specifications. The Contractor
shall reimburse the Owner amounts charged to the Owner by the Architect for responding to Contractor requests for
information where such information is available to the Contractor from a careful study and comparison of Contractor
Documents, field conditions, other Owner-provided information, Contractor prepared Shop Drawings, Coordination
Drawings, or prior Project correspondence or documentation. Utilization of the request for information process shall
not replace the Shop Drawing process; Contractor submission of an RFI as a Shop Drawing will not be accepted.
§3.2.9 Any claim by the Contractor or Subcontractors that, in submitting their respective bids, they did not include all
items as shown in the Contract Documents, will be given no consideration for an adjustment of any kind. If any item
is specified in a Section which would not normally furnish this item, it shall be the responsibility of the Contractor to
coordinate the situation with the Subcontractor, and if the item under consideration is not to be provided by the
Subcontractor, it shall be the responsibility of the Contractor to provide the work in question, without any additional
cost to the Owner.
3.3 SUPERVISION AND CONSTRUCTION PROCEDURES
3.3.1 In the first sentence and after “attention” of Subparagraph 3.3.1, add “which shall not be less than such state of skill
and attention generally rendered by the contracting profession for projects similar to the Project in scope, difficulty
and location. The Contractor shall adequately staff the Project site with a minimum of one full-time Construction
Superintendent, one full-time Assistant Construction Superintendent and one full-time Project Manager through the
date of Substantial Completion to properly and thoroughly manage, schedule and supervise all construction
activities. In the event that the Contractor fails to staff the Project site as required, the Contract amount shall be
adjusted by a deductive Change Order in the amount of $100 per hour for each employee hour where the Contractor
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lacks the required Project site presence for each or any of these required supervisory positions. For the purposes of
this section, full time shall be defined as Work in between 7:00 A.M. to 3:30 P.M, Monday thru Friday.”
Delete the last sentence of Subparagraph 3.3.1 and replace with “Where the Contract Documents refer to particular
construction means, methods, techniques, sequences or procedures or indicate or imply that such are to be used in
the Work, such mention is intended only to indicate that the operations of the Contractor shall be such as to produce
at least the quality of work implied by the operations described, but the actual determination of whether or not the
described operations may be safely and suitably employed on the Work shall be the responsibility of the Contractor,
who shall notify the Architect in writing of the actual means, methods, techniques, sequences or procedures which
will be employed on the Work, if these differ from those mentioned in the Contract Documents, which shall not be
less than such state of skill and attention generally rendered by the contracting profession for projects similar to the
Project in scope, difficulty and location. All loss, damage, or liability, or cost of correcting defective work arising from
the employment of any construction means, methods, techniques, sequences or procedures shall be borne by the
Contractor, notwithstanding that such construction means, methods, techniques, sequences or procedures are
referred to, indicated or implied by the Contract Documents, unless the Contractor has given timely notice to the
Owner and Architect in writing that such means, methods, techniques, sequences or procedures are not safe or
suitable, and the Owner has then instructed the Contractor in writing to proceed at the Owner's risk.”
3.3.2 After the last sentence of Subparagraph 3.3.2, add “This obligation shall also extend to the presence on the Site of
suppliers of materials or equipment, their employees, contractors, and agents engaged in the Work.”
3.3.2.1 Add the following Subparagraph 3.3.2.1:
Ҥ3.3.2.1 The Contractor shall, upon written request of the Owner, remove and replace workers whom the Owner
deems to be disorderly, careless, or incompetent or to be employed in violation of the terms of the Contract
Documents, at no increase in the Contract Sum or the Contract Time.”
3.3.4 - Add the following Subparagraphs 3.3.4 through 3.3.17:
3.3.17
Ҥ 3.3.4 The Contractor shall furnish sufficient forces, plant and equipment as may be necessary to insure the
progress of the Work in accordance with the Project Schedule.
§ 3.3.5 If, in the opinion of the Owner, the Contractor has fallen behind the Project Schedule, the Contractor shall
demonstrate the manner in which the desired rate of progress may be increased and shall take such steps, at the
Contractor’s own cost, as may be necessary to meet the Project Schedule. It shall be the responsibility of the
Contractor to maintain its schedule so as not to delay the progress of the Work or the scheduled work of separate
Contractors.
§ 3.3.6 The Contractor shall be solely responsible for properly laying out the Work, and for all lines, elevations and
measurements for all of the Work. It shall verify the figures shown on the Drawings before laying out the Work and
will be responsible for any error or inaccuracies resulting from its failure to do so. In the event that the Contractor
shall, while laying out the Work, become aware of (i) any conflicts among or between the Drawings, the
Specifications or any Modification to the Drawings or the Specifications and the actual layout of the Work, or (ii) any
conflicts or inconsistencies in the Drawings and Specification themselves, it shall promptly notify the Owner, without
whose instructions the Contractor shall not adjust the matter except at his own risk. Coordination of all work shall
include without limitation, review of all shop drawings (including, without limitation, structural, mechanical, and
electrical drawings) submitted by Subcontractors for various trades or subdivisions of work and approval of shop
drawings indicated by Contractor’s stamp of approval.
§ 3.3.7 The Contractor shall comply with all provisions of Federal, Massachusetts and local law applicable to his
work including, without limitation, statutes, by-laws, rules, regulations, orders and directives, as amended, and
including, without limitation.
§ 3.3.8 If this Project requires the containment, abatement or removal of asbestos or material containing asbestos,
lead or waste containing lead-based paint, the Contractor shall ensure that the person or entity performing the
asbestos or lead related services is licensed pursuant to applicable State laws and regulations.
§ 3.3.9 Chemical waste shall be stored in corrosion resistant containers, removed from the Project site, and
disposed of not less frequently than every three weeks unless directed otherwise. Disposal of chemical waste shall
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be in accordance with requirements of the U.S. Environmental Protection Agency (EPA) and the Massachusetts
Department of Environmental Protection (DEP). Fueling and lubricating of vehicles and equipment shall be
conducted in a manner that affords the maximum protection against spills and evaporation. Lubricants to be
discarded or burned shall be disposed of in accordance with approved procedures meeting all applicable Federal,
State and Local regulations. In the event of an oil or hazardous materials spill large enough to violate Federal, State
or Local regulations, the Contractor shall notify the Owner immediately. The Contractor shall be responsible for
immediately cleaning up any oil or hazardous waste spills resulting from its operations. Any costs incurred in
cleaning up any such spills shall be borne exclusively by the Contractor.
§ 3.3.10 The Contractor shall be solely responsible for compliance with laws and regulations governing the handling,
storage, use or disposal of hazardous materials or wastes used, stored, generated or disposed of in connection with
construction of the Work and shall obtain all permits and approvals, give all required notices, and observe all
applicable procedures prescribed by the EPA, DEP or other governmental authorities having jurisdiction with respect
to such activities. At the Owner’s request, the Contractor shall properly furnish the Owner with evidence satisfactory
to the Owner demonstrating the Contractor’s compliance with such procedures, the giving of such notices, and the
issuance of such permits and approvals.
§ 3.3.11 The Contractor shall provide and maintain in good operating condition suitable and adequate fire protection
equipment and services, and shall comply with all reasonable recommendations regarding fire protection made by
the representatives of the fire insurance company carrying insurance on the Work or by the local fire chief or state
fire marshal. The area within the site limits shall be kept orderly and clean, and all combustible rubbish shall be
promptly removed from the site.
§ 3.3.12 The Contractor shall at all times protect excavations, trenches, buildings and materials from rain water,
ground water, backup or leakage of sewers, drains and other piping, and from water of any other origin, and shall
remove promptly any accumulation of water. The Contractor shall provide and operate all pumps, piping and other
equipment necessary to this end.
§ 3.3.13 The Contractor shall be responsible for all security measures necessary and appropriate to protect the
Work area until acceptance by the Owner to assure that the Work, and all materials and equipment stored at the
Site, are fully and completely protected against loss or damage due to vandalism, theft, or malicious mischief. The
Contractor shall not use guard dogs for this purpose unless authorized in advance in writing by the Owner. If the
Owner approves the use of guard dogs, each dog shall at all times be accompanied by an adult handler.
§ 3.3.14 The Contractor shall be responsible for the adequate strength and safety of all scaffolding, staging, and
hoisting equipment and for temporary shoring, bracing, and tying.
§ 3.3.15 The Contractor shall furnish on site all personal protective equipment as required, approved first aid
supplies, the name of its first-aid attendant, and a posted list of emergency facilities.
§ 3.3.16 Contractor shall be responsible for safety of all visitors on the Work site.
§ 3.3.17 If the Contractor fails to comply with its obligations under Subparagraphs 3.3.4 - 3.3.16, the Owner, without
prejudice to any other remedies available to the Owner, may provide for such measures and charge the reasonable
cost thereof to the Contractor.”
3.4 LABOR AND MATERIALS
3.4.1 In the first sentence and after “utilities” of Subparagraph 3.4.1, add “security,”
After the last sentence of Subparagraph 3.4.1, add “The word "provide" shall mean furnish and install complete,
including connections, unless otherwise specified.”
3.4.3 In the last sentence and after “assigned to them” of Subparagraph 3.4.3, add “, and the Contractor shall ensure that
all workers to be employed on the Project have successfully completed a course in construction safety and health
approved by the United States Occupational Safety and Health Administration (OSHA) of at least 10 hours. The
Contractor shall be responsible for maintaining all safety precautions at and around the Project site. On the Owner’s
request, the Contractor shall permanently remove from the Project site any employee of the Contractor or any
Subcontractor who fails to comply with the requirements of the Contract Documents or whose presence or behavior
is deemed by the Owner to be adversed to the success of the Project or the Owner’s interests. The Contractor shall
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employ labor subject to contract terms and conditions in order to ensure harmonious labor relations on the site and
prevent strikes or labor disputes. The Contractor, in the event of a labor shortage or labor dispute including strikes,
shall take whatever action is required at no expense to the Owner to prevent the disruption of the Work. The
Contractor shall not permit employment of any person who is not of good character and morals nor permit disorderly
or indecent conduct on the job site. The Contractor shall not permit the consumption of alcoholic beverages or
illegal drugs on the job site nor permit any employment or person under his supervision or control to be under the
influence thereof.”
3.4.4 - Add the following Subparagraphs 3.4.4 through 3.4.13:
3.4.13
Ҥ3.4.4 CORI Reporting. The School Superintendent or School Principal may require criminal offender record
information (“CORI”) from the criminal history systems board, relating to any worker who is scheduled to work in the
School within areas of the School occupied by students. The Contractor and subcontractors shall cooperate fully and
immediately with a request from the Superintendent or Principal to identify the workmen who may be placed in a
position where they may have direct and unmonitored contact with the students. The Contractor and its
subcontractors shall make every effort to notify the Architect or OPM at least two weeks before any workmen may
be working in areas of the School occupied by students and will provide a listing of the workmen who they anticipate
will be working in those areas. The Owner reserves the right to stop work if there has been a failure to comply with
this paragraph, in which event the Contractor and subcontractors shall have no claim for damages, delays or time
extensions against the Owner.
§ 3.4.5 List of Jobs; Classification; Determination of Rate of Wages; Schedule [Statutory Reference M.G.L. c.149,
§27]. The rate per hour of the wages paid to such mechanics and apprentices, teamsters, chauffeurs and laborers
in the construction of public works shall not be less than the rate of wages to be determined by the Commissioner of
Labor. The Schedule of Wage Rates applicable to this Project is bound into this Project Manual. The Contractor and
subcontractors shall be responsible for anticipating the costs of future changes to the prevailing wage rates and or
classifications in their bid prices.
§ 3.4.6 [M.G.L. c.149, §34B] The Contractor shall pay to any reserve police officer employed by it in any city or town
the prevailing rate of wage paid to regular police officers in such city or town.
§ 3.4.7 The Contractor is solely responsible for the proper and safe operation and maintenance of all utility systems
within the construction limits, whether these are supplied by the Owner’s distribution system or otherwise, until the
Work is accepted by the Owner, and until the Owner has notified the Contractor that other arrangements have been
made. The Contractor shall maintain and operate appurtenances within the construction area which serve the
distribution system, subject to periodic inspection by the Owner’s operating personnel. Inspection by any
representative or personnel of the Owner shall not relieve the Contractor of his responsibilities in connection with
operation and maintenance of these facilities and equipment. The Contractor shall provide the Owner at least
seventy-two (72) hours’ advance notice of the Contractor’s desire to extend, connect, disconnect, or turn on or off
any steam, electric, water, or other service from the Owner’s supply systems. The actual operation shall be
witnessed and approved by an authorized representative of the Owner. All plumbing, heating, and electrical work,
including installation of equipment, and other work to be performed by the Contractor, shall be carried out without
interference with the Owner’s normal operation. Where any work requires interruption of any service, the Contractor
shall make advance arrangements with the Owner for dealing with and minimizing such interruption.
The Contractor agrees to procure materials, equipment, labor and supplies from such sources and to perform all
Work on the Project with labor, material suppliers and Subcontractors that will work harmoniously with the Owner’s
employees, employees of other contractors employed by the Owner, and with other elements of labor involved in the
construction of the Project or the operation of the building in which the Project is located, including, without limitation,
any tenant improvement work contractors engaged by Owner or any tenants of Owner.”
§ 3.4.8 In accordance with Section 39M of Chapter 30 of the General Laws "an item shall be considered equal to the
item so named or described if (I) it is at least equal in quality, durability, appearance, strength and design, (2) it will
perform at least equally the function imposed by the general design for the public work being contracted for or the
material being purchased, and (3) it conforms substantially, even with deviations, to the detailed requirements for the
item in the said specifications."
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§ 3.4.9 However, the Contractor and the Subcontractors are required to submit to the Architect for consideration as
to its equality, a written notice containing the name and full particulars pertaining to any item other than the specific
or specifics named or described therefore in the Contract Documents. Such submittal shall be made prior to the
time required for furnishing and delivering to the site the specific or specifics named, but in no event shall it be made
later than 120 calendar days prior to the incorporation of the item into the work, except as stated below.
§ 3.4.10 If the item in question is to be incorporated in the work prior to the expiration of 180 calendar days from the
time of the execution of the Contract, the aforesaid written notice shall be submitted to the Architect immediately
following the execution of the Contract.
§ 3.4.11 Forthwith upon receipt of such written notice, the Architect shall conduct a reasonable investigation to
determine whether the item in question shall be considered equal to the item named or described therefore in the
Contract Documents. Upon conclusion of the investigation, the Architect shall, in writing, promptly advise the
Contractor or Subcontractor submitting the written notice that the item in question is, or is not, considered the equal
of the item named or described as aforesaid, and that said item may, or may not, be furnished on the work
accordingly.
§ 3.4.12 Although it is to be clearly understood that an item equal to the named or described in the Contract
Documents may be furnished on the work, in no case however, may an item be furnished on the work other than the
item named or described unless the Architect shall consider the item as the equal of the item so named or
described, as provided by law.
§ 3.4.13 The equality of items offered as "equal" to the specific or specifics named shall be proved to the satisfaction
of the Architect at the expense of the Contractor or Subcontractor submitting the substitution. The Contract
Documents are intended to produce a building of consistent character and quality of design. All components of the
building including visible items of mechanical and electrical equipment have been selected to have a coordinated
design in relation to the overall appearance of the building. The Architect shall judge the design and appearance of
proposed substitutes on the basis of their suitability in relation to the overall design of the Project, as well as for their
intrinsic merits. The Architect will not approve as equal to materials specified proposed substitutes which, in the
Architect's opinion, would be out of character, obtrusive, or otherwise inconsistent with the character or quality of
design of the Project. In order to permit coordinated design of color and finishes the Contractor shall, if required by
the Architect, furnish the substituted material in any color, finish, texture, or pattern which would have been available
from the manufacturer originally specified, at no additional cost to the Owner. Any structural or material changes
made necessary to accommodate any substitute products or materials under this paragraph shall be at the expense
of the Contractor or Subcontractor responsible for the Work items.”
3.5 WARRANTY
3.5 In the first sentence and after “otherwise” of Subparagraph 3.5, add “and, promptly after written notification of non-
conformance, shall be repaired or replaced by the Contractor with Work conforming to such requirements.”
Delete the fourth sentence of Subparagraph 3.5 without replacement.
3.5.1 - Add the following Subparagraphs 3.5.1 through 3.5.11:
3.5.11
Ҥ3.5.1 The Contractor warrants that the materials and equipment furnished under the Contract will be new and of
recent manufacture unless otherwise specified, and that all Work will be of good quality, free from faults and defects,
and in conformance with the Contract Documents and, promptly after written notification of non-conformance by the
Owner or Architect, the Contractor shall repair or replace the same with Work conforming to such requirements.
§3.5.2 The warranty provided in this paragraph 3.5 shall be in addition to and not in limitation of any other warranty
required by the Contract Documents or otherwise prescribed by law.
§3.5.3 The Contractor shall procure and deliver to the Architect and the Owner’s Project Manager, no later than the
date claimed by the Contractor as the date of Substantial Completion, all special warranties required by the Contract
Documents.
§ 3.5.4 The Contractor shall be responsible for determining that all materials furnished for the Work meet all
requirements of the Contract Documents. The Architect may require the Contractor to produce reasonable evidence
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that a material meets such requirements, such as certified reports of past tests by qualified testing laboratories,
reports of studies by qualified experts, or other evidence which, in the opinion of the Architect, would lead to a
reasonable certainty that any material used, or proposed to be used, in the Work meets the requirements of the
Contract Documents. All such data shall be furnished at the Contractor's expense. This provision shall not require
the Contractor to pay for periodic testing of different batches of the same material, unless such testing is specifically
required by the Contract Documents to be performed at the Contractor's expense.
§ 3.5.5 If the Contractor proposes to use a material which, while suitable for the intended use, deviates in any way
from the detailed requirements of the Contract Documents, the Contractor shall inform the Architect in writing of the
nature of such deviations at the time the material is submitted for approval and request approval of the deviation.
The Architect shall judge the design and appearance of proposed substitutes, an may refuse to approve any
substitute which, in the Architect’s opinion, would be out of character or otherwise inconsistent with the character or
quality of design of the Project. The Architect will not approve as equal to materials specified proposed substitutes
which, in the Architect's opinion, would be out of character, obtrusive, or otherwise inconsistent with the character or
quality of design of the Project. In order to permit coordinated design of color and finishes, the Contractor shall, if
required by the Architect, furnish the substituted material in any color, finish, texture, or pattern which would have
been available from the manufacturer originally specified, at no additional cost to the Owner.
§ 3.5.6 In informing the Architect of deviations or substitutions, the Contractor shall provide, upon request, evidence
leading to a reasonable certainty that the proposed substitution or deviation will provide a quality of result at least
equal to that otherwise attainable in accordance with the Contract Documents. If, in the opinion of the Architect, the
evidence presented by the Contractor does not provide a sufficient basis for such reasonable certainty, the Architect
may reject such substitution or deviation without further investigation.
§ 3.5.7 Any additional cost, or any loss or damage arising from the substitution of any material or any method for
those originally specified shall be borne by the Contractor, notwithstanding approval or acceptance of such
substitution by the Owner or the Architect, unless such substitution was made at the written request or direction of
the Owner or the Architect.
§ 3.5.8 The warranty provided in this paragraph 3.5 shall be in addition to and not in limitation of any other warranty
required by the Contract Documents or otherwise prescribed by law.
§ 3.5.9 The Contractor shall procure and deliver to the Architect, no later than the date claimed by the Contractor as
the date of Substantial Completion, all special warranties required by the Contract Documents.
§3.5.10 The Contractor shall guarantee all Work for a period of one year after Date of Substantial Completion, or by
the terms of any special guarantee required by the Contract Documents. The Contractor shall, upon written notice
from the Owner, promptly correct defective Work or Work not in accordance with the Contract Documents.
§3.5.11 (Statutory reference: M.G.L. c. 30 § 39M(b)) Where products or materials are prescribed by manufacturer
name, trade name, or catalog reference, the word "or approved equal" shall be understood to follow. An item shall
be considered equal to the item so named or described if in the opinion of the Architect:
a. it is at least in quality, durability, appearance, strength and design;
b. it performs at least equally the function imposed by the general design for the work; and
c. it conforms substantially, even with deviations, to the detailed requirements for the items as indicated by the
specifications.
Any changes made necessary to accommodate substituted equipment under this Paragraph shall be at the expense
of the Contractor, Subcontractor or Sub-subcontractor responsible for the Work item.”
3.6 TAXES
3.6.1- Add the following Subparagraphs 3.6.1 and 3.6.2:
3.6.2
Ҥ3.6.1 The project is exempt from the Massachusetts Sales Tax to the extent permitted by G.L. c.64H, Section 6(f).
The exemption number can be obtained from the Awarding Authority upon request by the successful bidder.
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§3.6.2 However, the Contractor shall not pay, and the Owner shall not reimburse or pay the Contractor for, any sales
taxes for building supplies or materials for which an exemption is provided by law. The Owner’s tax exemption
number, to be used by the Contractor in this regard, will be provided by the Owner.”
3.7 PERMITS, FEES, NOTICES AND COMPLIANCE WITH LAWS
3.7.4 Delete Subparagraph 3.7.4 and replace with the following:
Ҥ 3.7.4 Concealed or Unknown Conditions. Claims for concealed or unknown conditions shall be governed by
Chapter 30, Section 39N of the General Laws of the Commonwealth of Massachusetts, as amended.”
3.7.5 Delete the second and fourth sentence of Subparagraph 3.7.5 without replacement.
3.8 ALLOWANCES
3.8.1 - Delete Subparagraphs 3.8.1 and 3.8.2 without replacement.
3.8.2
3.9 SUPERINTENDENT
3.9 Delete Subparagraph 3.9.1 and replace with the following:
Ҥ 3.9.1 The Contractor shall employ, in accordance with the Contract Documents, a competent superintendent,
reasonably acceptable to the Owner and who shall not be replaced without the Owner’s prior written approval, and
necessary assistants who shall be in attendance at the Project site at all times during performance of the Work until
the date of Substantial Completion, and for such additional time thereafter as the Owner may determine to be
necessary for the expeditious completion of the work. The superintendent shall represent the Contractor, and
communications given to the superintendent shall be as binding as if given to the Contractor. The Contractor shall
remove the superintendent if requested to do so in writing by the Owner and shall promptly provide a competent
replacement deemed acceptable to the Owner, at no increase in the Contract Sum or Contract Time.”
3.9.4 - Add the following Subparagraphs 3.9.4 through 3.9.7:
3.9.7
Ҥ3.9.4 The Contractor shall retain a competent Registered Professional Engineer or Registered Land Surveyor,
acceptable in writing to the Architect and the Owner’s Project Manager, who shall establish the exterior lines and
required elevations of all buildings and structures to be erected on the site and shall establish sufficient lines and
grades for the construction of associated Work such as, but not limited to, roads, utilities and site grading. The
Engineer or Land Surveyor shall certify as to the actual location of the constructed facilities in relation to property
lines, building lines, easements, and other restrictive boundaries.
§3.9.5 The Contractor shall establish the building grades, lines, levels, column, wall and partition lines required by
the various Subcontractors in laying out their Work.
§3.9.6 The Contractor shall coordinate and supervise the Work performed by Subcontractors to the end that the
Work is carried out without conflict between trades and so that no trade, at any time, causes delay to the general
progress of the Work. The Contractor and all Subcontractors shall at all times afford each trade, any separate
contractor, or the Owner, every reasonable opportunity for the installation of Work and the storage of materials.
§3.9.7 The Contractor shall arrange for and attend job meetings with the Architect and such other persons as the
Architect may from time to time wish to have present. The Contractor shall be represented by a principal, project
manager, general superintendent or other authorized main office representative, as well as by the Contractor's own
superintendent. An authorized representative of any Subcontractor or Sub-subcontractor shall attend such meetings
if the representative's presence is requested by the Architect. Such representatives shall be empowered to make
binding commitments on all matters to be discussed at such meetings, including costs, payments, change orders,
time schedules and manpower. Any notices required under the Contract may be served on such representatives.”
3.10 CONTRACTOR’S CONSTRUCTION SCHEDULES
3.10.1 Delete Subparagraph 3.10.1 and replace with the following:
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Ҥ 3.10.1 The Contractor, promptly within ten (10) days after being awarded the Contract, shall prepare and submit for
the Owner’s and Architect’s information a Contractor’s construction schedule for the Work. The schedule shall not
exceed time limits current under the Contract Documents, shall be revised at appropriate intervals as required by the
conditions of the Work and Project or as requested by the Architect or Owner’s Project Manager, shall be related to
the entire Project to the extent required by the Contract Documents, and shall provide for expeditious and
practicable execution of the Work. The construction schedule shall be developed and provided to the Owner in
native Primavera Scheduling software format (.XER) and contain such information as the Architect and Owner
require. The construction schedule shall be resource loaded for the Contractor and all subcontractors, with each
resource identified by name, description, unit of measure, and calendar assignment. For each class of work
included in the Contractor’s schedule of values, the construction schedule shall show the percentage of completion
to be obtained and the total dollar value of the work to be completed as of the first of each month until Substantial
Completion. All calculations shall be on the basis of work in place, but not including the value of materials delivered
but not in place. A forecast early completion date in the Contractor’s schedule shall not be permissible as a basis for
any additional compensation request as it is understood by all parties that the Contract value is based upon the
Contractor and Subcontractors staffing the Project through the Contractual milestone dates.”
3.10.3 After the last sentence of Subparagraph 3.10.3, add “The Contractor’s compliance with the construction schedule is
a material obligation of the Contract.”
3.10.4 - Add the following Subparagraphs 3.10.4 through 3.10.6
3.10.6
Ҥ 3.10.4 The Contractor shall monitor the progress of the Work for conformance with the requirements of the
construction schedule and shall promptly advise the Owner of any delays or potential delays. The construction
schedule shall be updated every month (or more frequently if requested by the Owner) to reflect actual conditions
(such updates are sometimes referred to in these General Conditions as "progress reports"). In the event any
progress report indicates delays in achievement of any milestone date set forth in such schedule, the Contractor
shall propose in written form an affirmative plan (the "Recovery Schedule") to correct the delay, including overtime
and/or additional labor, if necessary, which Recovery Schedule shall indicate the date by which the progress of the
Work will comply with the construction schedule, and shall be subject to the approval of the Owner and the Architect.
In no event shall any progress report or Recovery Schedule constitute an adjustment in the construction schedule,
Contract Time or any milestone date unless any such adjustment is agreed to by the Owner and authorized pursuant
to a Change Order.
§ 3.10.5 In the event (i) that the performance of the Work, as of a milestone date, has not progressed or reached the
level of completion required by the construction schedule, and (ii) the progress of the Work is not brought back into
compliance with the construction schedule on the date proposed by the Recovery Schedule, or the Contractor
otherwise fails to comply with the Recovery Schedule, the Owner shall have the right to order the Contractor to take
corrective measures to expedite the progress of the Work, including, without limitation, (1) supplying additional
manpower, equipment, and facilities, (2) working additional shifts or overtime, (3) working additional days, and (4)
other similar measures (hereinafter referred to collectively as "Corrective Measures"). Such Corrective Measures
shall continue until the progress of the Work complies with the stage of completion required by the Contract
Documents.
§ 3.10.6 The Contractor shall not be entitled to an adjustment in the Contract Sum in connection with Corrective
Measures required by the Owner under or pursuant to Section 3.10.5. The Owner may exercise the rights furnished
the Owner under or pursuant to Section 3.10.5 as frequently as reasonably necessary to ensure that the
Contractor's performance of the Work complies with the milestone dates set forth in the construction schedule.”
3.12 SHOP DRAWINGS, PRODUCT DATA AND SAMPLES
3.12.6 Delete Subparagraph 3.12.6 and replace with the following:
Ҥ3.12.6 By approving and submitting Shop Drawings, Product Data, Samples, and similar submittals the Contractor
thereby represents that the Contractor has determined and verified all dimensions, quantities, field dimensions,
relations to existing work, coordination with work to be installed later, coordination with information on previously
accepted Shop Drawings, Product Data, Samples, or similar submittals and verification of compliance with all the
requirements of the Contract Documents. The accuracy of all such information is the responsibility of the
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Contractor. In reviewing Shop Drawings, Product Data, Samples, and similar submittals the Architect shall be
entitled to rely upon the Contractor's representation that such information is correct and accurate.”
3.12.9 At the last sentence of Subparagraph 3.12.9, add “Unless such written notice has been given, the Architect's
approval of a resubmitted Shop Drawing, Product Data, Sample, or similar submittal shall not constitute approval of
any changes not requested on the prior submittal.”
3.12.11 Add the following Subparagraph 3.12.11:
Ҥ 3.12.11 When professional certification of materials, systems or equipment is required by the Contract Documents,
the Owner shall be entitled to rely upon such certifications, and neither the Owner nor the Architect shall be
expected to make an independent examination with respect to the performance of such materials, systems or
equipment.”
3.13 USE OF SITE
3.13.1 - Add the following Subparagraphs 3.13.1 and 3.13.2:
3.13.2
Ҥ3.13.1 The right of possession of the premises and the improvements made thereon by the Contractor shall remain
at all times in the Owner. The Contractor's right to entry and use thereof arises solely from the permission granted
by the Owner under the Contract Documents. The Contractor shall confine the Contractor's apparatus, the storage
of materials and the operations of the Contractor's workmen to limits indicated by law, ordinances, the Contract
Documents and permits and/or directions of the Architect and shall not unreasonably encumber the premises with
the Contractor's materials. The Owner shall not be liable to the Contractor, the Subcontractors, their employees or
anyone else with respect to the conditions of the premises, except only for a condition caused directly and solely by
the negligence of the Owner.
§3.13.2 The Contractor shall not take or use for publication or promotion any photographic or video records of the
students, teachers or staff without the express written consent of the Owner.”
3.14 CUTTING AND PATCHING
3.14.3 Add the following Subparagraph 3.14.3:
Ҥ 3.14.3 The Contractor shall be responsible for installation of all required sleeves, forms and/or inserts for any built-
in building component. No finished materials or existing structural work shall be cut which is not shown on the
Contract Documents unless the Architect approves such cutting after submittal of appropriate detail drawings to the
Architect by the Contractor. At no cost to the Owner, the Contractor shall affect all cutting and/or patching of any
building elements which is required due to a failure to provide or properly to locate sleeves, forms and/or inserts or
due to incorrect location of work or failure to cooperate with other trades. All installation and repair work shall be
carried out by mechanics skilled in the repair trade concerned, with due regard to trade practices and with suitable
protection of existing work.”
3.15 CLEANING UP
3.15.1.1 Add the following Subparagraph 3.15.1.1:
Ҥ3.15.1.1 Immediately prior to the Architect's inspection for Substantial Completion, the Contractor shall completely
clean the premises. Concrete and ceramic surfaces shall be cleaned and washed. Resilient coverings shall be
cleaned, waxed and buffed. Woodwork shall be dusted and cleaned. Sash, fixtures and equipment shall be
thoroughly cleaned. Stains, spots, dust, marks and smears shall be removed from all surfaces. Hardware and all
metal surfaces shall be cleaned and polished. Glass and plastic surfaces shall be thoroughly cleaned by
professional window cleaners. All damaged, broken or scratched glass or plastic shall be replaced by the Contractor
at the Contractor's expense.”
3.16 ACCESS TO WORK
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3.18 INDEMNIFICATION
3.18.1 Delete Subparagraph 3.18.1 and replace with the following:
“§3.18.1 The Contractor shall compensate the Owner for all damage to the Owner’s property of any nature arising out
of the Contractor’s work. To the fullest extent permitted by law, the Contractor shall indemnify, defend, and hold
harmless the Owner, the Owner’s Project Manager, the Architect and its consultants, and any and all of their
officers, employees, boards, commissions, committees, agents and representatives from and against all claims,
causes of action, suits, costs, damages, and liability of any kind which arise out of the breach by the Contractor of its
obligations under the Contract, or the act or omission of the Contractor, its Subcontractors, or their officers,
employees, agents and representatives and assigns or anyone directly or indirectly employed by them, or anyone for
whose acts or omissions they may be liable, regarding the Work to be performed by the Contractor under the
Contract, or which arise out of the violation of any Federal, Massachusetts or local statute, by-law, rule, regulation,
order or directive, or which relate to personal injury or property damage suffered by the Contractor or any of its
officers or employees regarding the subject matter of the Contract.
Neither the Owner, nor any of its officers, employees, boards, committees, commissions, agents and representatives
shall be under any personal obligation or shall incur any personal liability by reason of the Contract, the execution
thereof or anything relating thereto which arises out of the violation of any provision of the Contract, or the violation
of any Federal, Massachusetts or local statute, by-law, rule, regulation, order or directive, or which relates to
personal injury or property damage suffered by the Contractor or its employees, regarding the subject matter of the
Contract.”
3.18.3 - Add the following Subparagraphs 3.18.3 and3.18.4:
3.18.4
“§3.18.3 The obligations of the Contractor under this paragraph 3.18 shall not extend to the liability of the Owner’s
Project Manager, the Owner’s Project Manager's consultants, the Architect, the Architect's consultants, and agents
or employees of any of them arising out of (1) the preparation of maps, Drawings, opinions, reports, surveys,
Change Orders, designs or Specifications, or (2) directions or instructions given by the Owner’s Project Manager,
the Owner’s Project Manager's consultants, the Architect, the Architect's consultants and agents or employees of
any of them, provided such instructions or directions are the primary cause of the injury or damage.”
§3.18.4 In consideration of the Contractor's undertaking to indemnify and hold harmless the Architect, the Owner’s
Project Manager, the Owner’s Project Manager's consultants and agents or employees of any of them, the
Architect's consultants and agents or employees of any of them, in accordance with this paragraph 3.18, the
Architect and the Owner’s Project Manager agrees that the Architect and the Owner’s Project Manager will not bring
any civil suit, action or other proceeding in law, equity or arbitration against the Contractor, or the officers,
employees, agents and servants of the Contractor, for or on account of any action which the Architect or the
Owner’s Project Manager may have arising out of or in any manner connected with the Work, except to enforce the
provisions of this paragraph 3.18; and the Contractor, or any successor, assign or subrogee of the Contractor,
agrees not to bring any civil suit, action or other proceeding in law, equity or arbitration against the Architect, the
Owner’s Project Manager, or the officers, employees, agents and servants of the Architect or the Owner’s Project
Manager, for the enforcement of any action which the Contractor may have arising out of or in any manner
connected with the Work. The Contractor shall assure that this covenant not to sue is contained in all agreements or
contracts with Subcontractors and Sub-subcontractors of every tier and shall assure its enforcement. The Owner’s
Project Manager and Architect, their officers, employees, agents, and consultants are intended third-party
beneficiaries of this covenant not to sue, who are entitled to enforce this covenant in law or equity.”
ARTICLE 4: ARCHITECT
ARTICLE 4 Delete “ARCHITECT” and replace with “ARCHITECT AND OWNER’S PROJECT MANAGER”
4.1 GENERAL
4.1.2 Delete Subparagraph 4.1.2 without replacement
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4.1.3 In the first sentence of Subparagraph 4.1.3, delete “as to whom the Contractor has no reasonable objection and”
without replacement.
Delete Subparagraph number “4.1.3” and replace with “4.1.2”
4.2 ADMINISTRATION OF THE CONTRACT
4.2.1 In the first sentence and after “The Architect” of Subparagraph 4.2.1, add, “and Owner’s Project Manager, pursuant
to their respective obligations”
In the second sentence and after “Architect” of Subparagraph 4.2.1, add, “and Owner’s Project Manager”.
4.2.3 In the first and second sentences and after “Architect” of Subparagraph 4.2.3, add, “and Owner’s Project Manager.”
4.2.4 Delete Subparagraph 4.2.4 and replace with the following:
Ҥ4.2.4 Except as otherwise provided in the Contract Documents or when direct communications have been specially
authorized, the Owner and Contractor shall endeavor to communicate with each other through the Project Manager
about matters arising out of or relating to the Contract. Communications by and with the Architect’s consultants shall
be through the Architect. Communications by and with Subcontractors and material suppliers shall be through the
Contractor. Communications by and with separate contractors (retained by the Owner pursuant to Article 5) shall be
through the Project Manager.”
4.2.5 In the first sentence and after “Architect’s” of Subparagraph 4.2.5, add, “and Owner’s Project Manager’s”
4.2.6 In the first and second sentences and after “Architect” of Subparagraph 4.2.6, add “and Owner’s Project Manager”
Delete the third sentence of Subparagraph 4.2.6 and replace with “However, neither this authority of the Architect
and the Project Manager nor a decision made in good faith either to exercise or not to exercise such authority shall
give rise to a duty or responsibility of the Architect or Project Manager to the Contractor, Subcontractors, material
and equipment suppliers, their agents or employees, or other persons or entities performing portions of the Work.
Any such rejection of work or inspection or testing requirement shall not relieve the Contractor of the responsibility to
maintain protection of the Work and the Owner's property.”
4.2.7 In the first sentence and after “Contract Documents” of Subparagraph 4.2.7, add "and only to the extent which the
Architect believes desirable to protect the Owner's interest.”
Delete the second sentence of Subparagraph 4.2.7 and replace with "The Architect's action will be taken with
reasonable promptness, while allowing sufficient time in the Architect's professional judgment to permit adequate
review, taking into account the time periods set forth in the latest schedule prepared by the Contractor and approved
by the Architect pursuant to subparagraph 8.2.4."
In the fifth sentence of Subparagraph 4.2.7, delete "unless otherwise specifically stated by the Architect" without
replacment.
4.2.9 Delete Subparagraph 4.2.9 and replace with the following:
“§4.2.9 The Architect and the Owner’s Project Manager will conduct inspections to determine the date or dates of
Substantial Completion and the date of Final Completion. The Architect will receive from the Contractor and forward
to the Owner, for the Owner’s review and records, “As-Built” Drawings, written warranties and related documents
required by the Contract and assembled by the Contractor and will issue a final Certificate for Payment upon
compliance with the requirements of the Contract Documents.”
4.2.10 Delete Subparagraph 4.2.10 and replace with the following:
“§4.2.10 The Owner will employ an Owner’s Project Manager for the project. Except as expressly set forth in a written
statement from the Owner to the Contractor, the Owner’s Project Manager shall have no authority to approve work,
to approve changes, or exercise any of the power and authority of the Owner or the Architect. The Owner’s Project
Manager shall be required to be on site at all times when the Contractor is on site. The Owner will pay for up to 40
hours in any one week, which 40 hours shall include paid holidays recognized by the Awarding Authority. Should
the Contractor perform work outside or in addition to normal working hours, or in excess of 40 hours per week, either
by election, or because the Contractor is required to do so in order to keep the project schedule, or any other
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reason, then the Owner’s Project Manager will work the same as the Contractor, and the Contractor shall reimburse
the Owner for the additional cost of the Owner’s Project Manager’s services during these hours. The reimbursement
shall be by means of a credit Change Order executed at the time of Final Completion.”
4.2.11 In the first sentence and after “Owner” of Subparagraph 4.2.11, add “, Owner’s Project Manager,”.
Delete the last sentence of Subparagraph 4.2.11 and replace with “The parties agree that the Architect’s duties
under this subparagraph shall be governed by Chapter 30, Section 39P of the General Laws of the Commonwealth
of Massachusetts as amended.”
4.2.14 Delete the last sentence of Subparagraph 4.2.14 and replace with “The Architect may, as the Architect judges
desirable, issue additional drawings or instructions indicating in greater detail the construction or design of the
various parts of the Work; such drawings or instructions may be effected by field order or other notice to the
Contractor and, provided such drawings or instructions are reasonably consistent with the previously existing
Contract Documents, the Work shall be executed in accordance with such additional drawings or instructions without
additional cost or extension of the Contract Time.”
ARTICLE 5: SUBCONTRACTORS
5.2 AWARD OF SUBCONTRACTS AND OTHER CONTRACTS FOR PORTIONS OF THE WORK
5.2.1 In the first sentence of Subparagraph 5.2.1, delete “through the Architect” and replace with “and the Architect
through the Owner’s Project Manager”.
Delete the last sentence of Subparagraph 5.2.1 without replacement
5.2.2 Delete the first sentence of Subparagraph 5.2.2 and replace with “The Contractor shall not contract with a proposed
person or entity to whom the Owner, Owner’s Project Manager, or Architect has made reasonable, legally
permissible, and timely objection.”
5.2.3 In the first sentence and after “Owner” of Subparagraph 5.2.3, add “, Owner’s Project Manager,”
Delete the second and third sentence of Subparagraph 5.2.3 without replacement
After the last sentence of Subparagraph 5.2.3, add “No increase in the Contract Sum or Contract Time shall be
allowed for such change.”
5.2.4 In the first sentence and after “Owner” of subparagraph 5.2.4, add “, Owner’s Project Manager,”
5.2.5 Add the following Subparagraph 5.2.5:
Ҥ5.2.5 The award of Subcontracts for any sub-trade listed in Item 2 of the Form for General Bid shall conform to the
requirements of Sections 44A to 44H inclusive of Chapter 149 of the General Laws as amended, which shall
supersede any contradictory provisions of Paragraphs 5.2 and 5.3.”
5.3 SUBCONTRACTUAL RELATIONS
5.3 In the first and second sentence and after “Owner” of Paragraph 5.3, add “, Owner’s Project Manager,”
After the last sentence of Paragraph 5.3 add “The applicable provisions of Chapter 149, Section 44F of the General
Laws of the Commonwealth of Massachusetts shall apply to filed sub-bid subcontractors.
5.3.1 Add the following Subparagraph 5.3.1:
Ҥ 5.3.1 The Contractor shall be fully responsible to the Owner for all acts and omissions of the Subcontractors and
Suppliers at all tiers, to the same extent as the Contractor is responsible for the Contractor’s own acts and
omissions. Nothing in the Contract Documents shall create a contractual relationship between the Owner and any
Subcontractor or Supplier, nor create an express or implied duty or obligation on the part of the Owner to any
Subcontractor or Supplier or the Subcontractor’s sureties, to pay or to see the payment of any monies owed to
them.”
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5.4 CONTINGENT ASSIGNMENT OF SUBCONTRACTS
5.4.1 Delete the last sentence of Subparagraph 5.4.1 without replacement.
5.4.2 Delete Subparagraph 5.4.2 without replacement
5.4.3 Delete subparagraph 5.4.3 without replacement
ARTICLE 6: CONSTRUCTION BY OWNER ORBY SEPARATE CONTRACTORS
6.1 OWNER’S RIGHT TO PERFORM CONSTRUCTION AND TO AWARD SEPARATE CONTRACTS
6.1.1 In the first sentence of Subparagraph 6.1.1 delete “under Conditions of the Contract identical or substantially similar
to these including those portions related to insurance and waiver of subrogation” without replacement.
6.1.1.1 Add the following Subparagraph 6.1.1.1:
Ҥ6.1.1.1 The Owner reserves the right to access any part of the Project at any time to install other Work either with
its own forces or with separate Contractors hired by the Owner. Such access is not to be construed as partial
occupancy by the Owner. The Contractor shall permit the Owner to place and install furniture, equipment and other
material during the progress of the Work, and agrees that the installation of such items shall not be construed as
acceptance of the Work or any portion thereof.”
6.1.4 Delete Subparagraph 6.1.4 and replace with the following:
Ҥ 6.1.4 The Contractor acknowledges that there may be separate contractors performing other work related to the
Project, including, without limitation, utility work, site work, and telecommunications work. The Contractor agrees to
coordinate the performance of the Work with the Work of such other contractors, and the Contractor covenants and
agrees that the Contractors and all of of its forces shall work in harmony with all such separate contractors. The
Owner agrees to include a substantially similar provision in its contracts with other contractors performing work at
the Project site.”
6.2 MUTUAL RESPONSIBILITY
6.2.3 Delete the last sentence of Subparagraph 6.2.3 without replacement.
6.2.4 After the last sentence of Subparagraph 6.2.4 add “If such separate contractor sues or initiates an arbitration
proceeding against the Owner on account of any damage alleged to have been caused by the Contractor, the
Owner shall notify the Contractor, who shall defend such proceedings at the Owner's expense, and if any judgment
or award against the Owner arises therefrom the Contractor shall pay or satisfy it and shall reimburse the Owner for
all attorneys' fees and court or arbitration costs which the Owner has incurred.”
6.2.5 Delete Subparagraph 6.2.5 and replace with the following:
Ҥ 6.2.5 Should the Contractor sustain damage through an act or omission of a Subcontractor or any party providing
labor, materials, equipment, or services to the Contractor, the Contractor shall have no claim against the Owner for
such damage.”
ARTICLE 7: CHANGES IN THE WORK
7.1 GENERAL
7.1.1 After the last sentence of Subparagraph 7.1.1, add the following:
“As used in this Article, "Cost" shall mean the estimated or actual net increase or decrease in cost to the Contractor,
Subcontractor, or Sub-subcontractor for performing the work covered by the change, including actual payments for
materials, equipment rentals, expendable items, wages and associated benefits to workmen employed full time at
the site, insurance, bonds and other provable direct costs, but not including any supervisory, administrative,
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accounting or expediting costs, or other indirect or overhead costs, or any wages or benefits of personnel not
assigned full time to the site, or any amount for profit or fee to the Contractor, Subcontractor or Sub-subcontractor.
Determination of “Cost” for owned equipment valued in excess of $1,000 shall be via Equipment Watch Blue Book
Internal Charge (Cost Recovery) Rate. In no event will the Owner be responsible for Costs associated with tools of
the trade valued at less than $1,000 and not consumed in the work being performed or for vehicles primarily used for
worker transportation and not used directly in the performance of the work covered by the change.
"Percentage" shall mean an allowance to be added to or subtracted from the cost in lieu of overhead and profit and
of any other expense which is not included in the Cost of the Work covered by the change, as defined above.
Percentage for the Contractor shall be 10% of any net increase or decrease of Cost of any Work if performed by the
Contractor's own forces or 5% of any net increase or decrease in the Cost for all other Work performed by
Subcontractors.
Percentage for the Subcontractor or Sub-subcontractors shall be no greater than 10% of any net increase or
decrease of Cost of any Work performed by their own forces, plus a total amount not to exceed 5% of any net
increase or decrease which shall be divided among any higher tier Subcontractors, if applicable.
When in the reasonable judgment of the Architect a series of Construction Change Directives or Change Orders
effects a single change, percentage shall be calculated on the cumulative net increase or decrease in Cost, if any.”
7.1.2 After the last sentence of Subparagraph 7.1.2, ,add “Changes not approved in writing by the Owner and Architect in
advance shall not be recognized as the basis for a valid claim at a later date, except where the Owner and the
Architect agree in writing that the change shall be started in the interest of job progress, subject to an equitable price
adjustment at a later date.”
7.1.4 - Add the following Subparagraphs 7.1.4 through 7.1.6:
7.1.6
Ҥ 7.1.4 Change authorizations which precede a fully executed Change Order such as Executed Change Order
Requests, Proposed Change Orders, Construction Change Authorizations or other similar documents utilized to
ascertain agreement between Contractor, Architect and Owner prior to performance of the work shall be final and
binding on all parties. Reservation of rights to additional adjustment in Contract Time or Price will not be considered.
Any request for additional Contract Time must be accompanied by a full Time Extension Analysis utilizing the
Contractor’s most recent schedule submission which has been accepted by the Architect.
§ 7.1.5 The Contractor is responsible for all work indicated within the Contract Documents and which may be
required in order to provide the intended finished product. Prior to submitting a bid, the Contractor shall take care to
identify work which is to be furnished and/or installed by filed sub-bid contractors. Similarly, the Contractor shall also
take particular care to identify work which is not furnished and/or installed by filed sub-bid contractors and therefore
is to be provided by the Contractor’s own forces. The Architect will not be responsible for responding to questions
from the Contractor requesting interpretation of scope ownership after the bidder questions deadline.
§ 7.1.6 The Contractor shall provide pricing for Proposal Requests as soon as practical, but in no event later than
three (3) weeks from receipt of the request. Proposal Requests for which the Architect has not received a complete
and accurate pricing proposal within three (3) weeks shall be subject to unilateral interpretation of fair and
reasonable costs by the Architect and issuance of a Construction Change Directive in accordance with Section 7.3.”
7.2 CHANGE ORDERS
7.2.2 - Add the following Subparagraphs 7.2.2 and 7.2.3
7.2.3
“§ 7.2.2 (Statutory reference: M.G.L. c. 30, § 39I) The Contractor shall perform all the work required by this contract
in conformity with the plans and specifications contained herein. No willful and substantial deviation from said plans
and specifications shall be made unless authorized in writing by the Owner or by the Engineer or Architect in charge
of the Work who is duly authorized by the Owner to approve such deviations. In order to avoid delays in the
prosecution of the Work required by such contract such deviation from the plans or specifications may be authorized
by a written order of the Owner or such Engineer or Architect so authorized to approve such deviation. Within thirty
days thereafter, such written order shall be confirmed by a certificate of the Owner stating: (1) If such deviation
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involves any substitution or elimination of materials, fixtures or equipment, the reasons why such materials, fixtures
or equipment were included in the first instance and the reasons for substitution or elimination, and, if the deviation
is of any other nature, the reasons for such deviation, giving justification therefor; (2) that the specified deviation
does not materially injure the project as a whole; (3) that either the work substituted for the work specified is of the
same cost and quality, or that an equitable adjustment has been agreed upon between the Owner and the
Contractor and the amount in dollars of said adjustment; and (4) that the deviation is in the best interest of the
Owner. Such certificates shall be signed under the penalties of perjury and shall be a permanent part of the file
record of the work contracted for.
§ 7.2.3 Upon request of the Owner or the Architect, the Contractor shall without cost to the Owner submit to the
Architect, in such form as the Architect may require, an accurate written estimate of the cost of any proposed extra
Work or change. The estimate shall indicate the quantity and unit cost of each item of material, and the number of
hours of work and hourly rate for each class of labor, as well as a description and the amounts of all other costs
chargeable under the terms of this Article. Unit labor costs for the installation of each item of material shall be
shown if required by the Architect. The Contractor shall promptly revise and resubmit each estimate if the Architect
determines that it is not in compliance with the requirements of this Article, or that it contains errors of fact or
mathematical errors. If required by the Architect, in order to establish the exact cost of new Work added or of
previously required Work omitted, the Contractor shall obtain and furnish to the Architect bona fide proposals from
recognized suppliers for furnishing any material included in such Work. Such estimates shall be furnished promptly
so as to occasion no delay in the Work, and shall be furnished at the Contractor's expense. The Contractor shall
state in the estimate any extension of time required for the completion of the Work if the change or extra work is
ordered.”
7.3 CONSTRUCTION CHANGE DIRECTIVES
7.3.3 Delete Subparagraph 7.3.3 and replace with the following:
Ҥ 7.3.3 If the Construction Change Directive provides for an adjustment to the Contract Sum, and if the Contract
Documents include a unit price for the work that is the subject of such directive, such unit price shall be the basis of
the adjustment to the Contract Sum, unless the Owner, in its sole discretion, chooses another method. If, however,
the Contract Documents do not include a unit price for such work, the adjustment shall be based on one of the
following methods, as selected by the Owner:
.1 Mutual acceptance of a lump sum properly itemized and supported by sufficient substantiating data to permit
evaluation; the agreed upon lump sum shall become a fixed price which shall not be changed by any
variation in the actual cost of executing the Work covered by the change;
.2 Unit prices subsequently agreed upon;
.3 Cost to be determined in a manner agreed upon by the parties and a mutually acceptable fixed or
percentage fee; or
.4 As provided in Section 7.3.7.
7.3.4 Delete Subparagraph 7.3.4 and replace with the following:
Ҥ7.3.4 If the Owner elects to determine the Cost of the Work as provided herein using unit prices stated in the
Contract Documents or subsequently agreed upon, the unit prices shall be subject to requirements of this Article.
Notwithstanding the inclusion of unit prices in the Contract Documents, it shall be the Owner's option to require the
Cost of any given change to be determined by one of the other methods stated this Article. If the Owner elects to
determine the cost of the change by unit prices and the nature of the work is such that its extent cannot readily be
measured after the completion of such work or any subsequent work, the Contractor shall keep daily records,
available at all times to the Architect for inspection, of the actual quantities of such work put in place, and delivery
receipts or other adequate evidence, acceptable to the Architect, indicating the quantities of materials delivered to
the site for use in such unit price work, and distinguishing such from other similar material delivered for use in work
included in the base Contract Sum. If so required by the Architect, materials for use in unit price work shall be
stored apart from all other materials on the Project.”
7.3.5 Delete Subparagraph 7.3.5 and replace with the following:
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Ҥ 7.3.5 Upon receipt of a Construction Change Directive, the Contractor shall promptly proceed with the change in
the Work involved and, within five (5) calendar days from receipt of the Construction Change Directive, advise the
Architect by written notice of the Contractor’s agreement or disagreement with the method, if any, provided in the
Construction Change Directive for determining the proposed adjustment in the Contract Sum or Contract Time.
Failure to so advise the Architect within such 5-day period (1) shall be interpreted as Contractor’s agreement with
the proposed method of adjustment; (2) shall constitute an irrevocable waiver of any right of the Contractor to submit
a claim on account of the method of adjustment; and (3) shall cause the Construction Change Directive to be
deemed and constitute a Change Order.”
7.3.6 In the last sentence of Subparagraph 7.3.6, delete “recorded as” without replacement.
7.3.7 Delete Subparagraph 7.3.7 and replace with the following:
Ҥ 7.3.7
If the proposed method of adjustment in the Contract Sum is based on unit prices that are stated in the Contract
Documents, such unit prices shall be the basis of any adjustment to the Contract Sum, unless the Owner has
chosen another method pursuant to subparagraph 7.3.3. If the proposed method of adjustment is not based on
such unit prices and the Contractor objects to the proposed method of adjustment, the Contractor must notify the
Architect of such objection in writing within five (5) calendar days from Contractor’s receipt of the Construction
Change Directive. Failure to so object will irrevocably waive any such objections and claims on account of such
method of adjustment, and the Construction Change Directive shall be deemed and shall constitute a Change Order.
If the Contractor does so object, the adjustment to the Contract Sum shall be determined by the Architect on the
basis of reasonable expenditures and savings of those performing the Work attributable to the change, including, in
case of an increase in the Contract Sum, a reasonable allowance for overhead and profit.
In such case, and also under Section 7.3.3, the Contractor shall keep and present, in such form as the Architect may
prescribe, an itemized accounting together with appropriate supporting data. Unless otherwise provided in the
Contract Documents, costs for the purposes of this Section 7.3.7 shall be limited to the following:
.1 Costs of labor, including social security, old age and unemployment insurance, fringe benefits required by
agreement or custom, and workers’ compensation insurance; Overhead cost associated with items such as:
uniforms, vehicles, and bonuses shall not be considered cost of labor.
.2 Costs of materials, supplies and equipment, including cost of transportation of materials, whether
incorporated or consumed;
.3 Rental costs of machinery and equipment, exclusive of hand tools, whether rented from the Contractor or
others (see Section 7.1.1);
.4 Costs of premiums for all bonds and insurance and permit fees; and
.5 A reasonable allowance for overhead and profit (see Section 7.1.1).
7.3.9 Delete Subparagraph 7.3.9 and replace with the following:
Ҥ 7.3.9 Pending final determination of the total cost of a Construction Change Directive to the Owner amounts for
such changes in the Work shall not be included in Applications for Payment. Such amounts shall only be included in
an Application for Payment after the adjustment for the Construction Change Directive has been included in a
Change Order signed by the Owner and the Contractor.
The Architect will make an interim determination for purposes of monthly certification for payment for those costs
and certify for payment the amount that the Architect determines, in the Architect’s professional judgment, to be
reasonably justified. The Architect’s interim determination of cost shall adjust the Contract Sum on the same basis
as a Change Order, subject to the right of either party to disagree and assert a Claim in accordance with Article 15.”
7.5 CERTIFICATE OF APPROPRIATIONS
7.5 - Add the following Paragraph 7.5:
“§ 7.5 CERTIFICATE OF APPROPRIATIONS (Statutory reference: M.G.L. c. 44, § 31(C))
This contract shall not be deemed to have been made until the auditor or accountant or other officer of the city or
town having similar duties has certified thereon that an appropriation in the amount of this contract is available
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therefor and that an officer or agent of the city, town, or awarding authority has been authorized to execute said
contract and approve all requisitions and change orders. No order to the Contractor for a change in or addition to the
Work, whether in the form of a drawing, plan, detail or any other written instruction, unless it is an order which the
Contractor is willing to perform without any increase in the contract price, shall be deemed to be given until the
auditor or accountant, or other officer of the awarding authority having similar duties, has certified thereon that an
appropriation in the amount of such order is available therefor; but such certificate shall not be construed as an
admission by the awarding authority of its liability to pay for such work. The certificate of the auditor or accountant or
other officer of the awarding authority having similar duties, that an appropriation in the amount of this contract or in
the amount of such order is available shall bar any defense by the awarding authority on the grounds of insufficient
appropriation.”
7.6 WORK PERFORMED UNDER PROTEST
7.6 Add the following Paragraph 7.6:
Ҥ 7.6 WORK PERFORMED UNDER PROTEST
The Contractor shall perform all work as directed by the Owner and if the Owner determines that certain work for
which the Contractor has requested a Change Order does not represent a change in the Contract, or if the
Contractor and Owner cannot agree to the amount of compensation for a Change Order, the Contractor shall
perform said work under protest and must follow the procedures described in the following subparagraphs:
(a) If the Contractor claims compensation for a Change Order not approved by the Owner, the Contractor shall,
on or before the first working day following commencement of any such work or sustaining of any such
damage, submit to the Owner’s representative a written statement of the nature of such work or damage
sustained. The Contractor will not be entitled to compensation for any portion of its Change Order claim
related to work performed prior to the Owner’s receipt of the written statement referred to in the previous
sentence.
(b) On or before the second (2nd) working day after the commencement of such work or sustaining of such
damage, and daily thereafter, the Contractor shall file to the extent possible with the Owner itemized
statements of the details and costs of such work performed or damage sustained; and unless such
statements shall be made as so required, its claim for such compensation shall be forfeited and invalid and it
shall not be entitled to payment on account of any such work or damage.
(c) The Owner shall have the right to reject any and all change requests which include a reservation of rights or
otherwise conflict with the terms of the Contract.
7.7 COMPUTING TIME EXTENSIONS
7.7 Add the following Paragraph 7.7:
Ҥ 7.7 COMPUTING TIME EXTENSIONS
Contract Time shall not be changed due to a delay until all Contract Float is used and performance of the specified
work necessarily extends beyond the Contract Time. An extension in Contract Time will not be approved unless the
Contractor demonstrates through a detailed Critical Path Method (CPM) schedule analysis that unforeseeable
causes, beyond the control of and without the fault or negligence of both the Contractor and the Subcontractors or
Suppliers at any tier, led to performance or completion of all or part of the Work beyond the corresponding Contract
Time despite the Contractor’s reasonable and diligent actions. If granted, an extension in Contract Time shall be the
Contractor’s sole and exclusive remedy for any delay, disruption, interference, hindrance, and associated costs,
however caused.”
7.8 STATUTORY PROVISIONS – DIFFERING SITE CONDITIONS; TIMELY DECISIONS
7.8 Add the following Paragraph 7.8:
Ҥ 7.8 STATUTORY PROVISIONS РDIFFERING SITE CONDITIONS; TIMELY DECISIONS
The Contractor’s attention is directed to M.G.L. c.30, sections 39I, 39J, 39N, 39O, and 39P, as well as to 39G (if
applicable), the provisions of which apply to the Contract.
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*(a) Differing Site Conditions, M.G.L. c.30, section 39N.
“If, during the progress of the Work, the Contractor or the Owner discovers that the actual subsurface or
latent physical conditions encountered at the site differ substantially or materially from those shown on the
plans or indicated in the Contract Documents either the Contractor or the Owner may request an equitable
adjustment in the Contract price applying to work affected by the differing site conditions. A request for such
an adjustment shall be in writing and shall be delivered by the party making such claim to the other party as
soon as possible after such conditions as discovered. Upon receipt of such a claim from a Contractor, or
upon its own initiative, the Owner shall make an investigation of such physical conditions, and, if they differ
substantially or materially from those shown on the plans or indicated in the Contract Documents or from
those ordinarily encountered and generally recognized as inherent in work of the character provided for in the
plans and Contract Documents and are of such nature as to cause an increase or decrease in the cost of
performance of the Work or a change in the construction methods required for the performance of the Work
which results in an increase or decrease in the cost of the Work, the Owner shall upon submission by the
Contractor of a properly submitted change order request, make an equitable adjustment in the Contract price
and the Contract shall be modified in writing accordingly.”
*(b) Timely decision by the Owner. M.G.L. c.30, Section 39P.
“Whenever the Contract requires the Owner to make a decision during construction of the Project on
interpretation of the specifications, approval of equipment, material, or any other approval, or progress of the
Work, that decision shall be made promptly and, in the event, no later than thirty (30) days after receipt of a
written submission for such decision by the Contractor, but if such decision requires extended investigation
and study, the Owner shall, within thirty (30) days after the receipt of the submission, give the Contractor
written notice of the reasons why the decision cannot be made within the thirty (30) day period and the date
by which the decision will be made.”
7.9 CERTIFICATE OF APPROPRIATIONS
7.9 Add the following Paraggraph 7.9”
Ҥ 7.9 CERTIFICATE OF APPROPRIATIONS
Statutory reference: M.G.L. c.44 §31C)
The Contract shall not be deemed to have been made until the auditor or accountant or other officer of the city or
town having similar duties has certified thereon that an appropriation in the amount of the Contract is available
therefor and that an officer or agent of the city, town, or Awarding Authority has been authorized to execute said
contract and approve all requisitions and change orders. No order to the Contractor for a change in or addition to
the Work, whether in the form of a drawing, plan, detail or any other written instruction, unless it is an order which
the Contractor is willing to perform without any increase in the contract price, shall be deemed to be given until the
auditor or accountant, or other officer of the Awarding Authority having similar duties, has certified thereon that an
appropriation in the amount of such order is available therefor; but such certificate shall not be construed as an
admission by the Awarding Authority of its liability to pay for such work. The certificate of the auditor or accountant
or other officer of the Awarding Authority having similar duties that an appropriation in the amount of the Contract or
in the amount of such order is available shall bar any defense by the Awarding Authority on the grounds of
insufficient appropriation.”
ARTICLE 8: TIME
8.2 PROGRESS AND COMPLETION
8.2.2 Delete Subparagraph 8.2.2 without replacement
8.2.4- Add the following Subparagraphs 8.2.4 through 8.2.11:
8.2.11
§8.2.4 Within two weeks after award of the Contract, the Contractor shall submit to the Architect and the Owner’s
Project Manager a Progress Schedule showing for each class of work included in the Schedule of Values, the
percentage completion to be obtained and the total dollar value of work to be completed as of the first of each month
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until Substantial Completion. All calculations shall be on the basis of work in place, but not including the value of
materials delivered but not in place.
§8.2.5 The Progress Schedule shall be based on an orderly progression of the Work, allowing adequate time for
each operation (including adequate time for submission and review of submittals), and leading to a reasonable
certainty of Substantial Completion by the date established in the Agreement. The Progress Schedule will be
reviewed by the Architect and the Owner’s Project Manager for compliance with the requirements of this Article and
will be accepted by the Architect or returned to the Contractor for revision and resubmittal. Unless specifically
required by law, no payment under this Contract shall be due until the Progress Schedule has been approved by the
Architect.
§8.2.6 If in any Application for Payment the total value of the completed Work in place, as certified by the Architect,
is less than 90% of the total value of the Work in place estimated in the Progress Schedule, the Owner may, at the
Owner's option, require the Contractor to accelerate the progress of the Work without cost to the Owner by
increasing the work force or hours of work, or by other reasonable means approved by the Architect.
§8.2.7 If each of three successive applications, as certified by the Architect, indicate that the actual Work completed
is less than 90% of the values estimated in the Progress Schedule to be completed by the respective dates, the
Owner may at the Owner's option, treat the Contractor's delinquency as a default justifying the action permitted
under paragraph 14.2.
§8.2.8 If the Architect has determined that the Contractor should be permitted to extend the time for completion as
provided in paragraph 8.3, the calendar dates in the Progress Schedule shall be adjusted accordingly to retain their
same relationship to the adjusted date of Substantial Completion, and the dollar value of Work to be completed as of
the first of each month shall be adjusted prorata.
§8.2.9 If the Contractor fails to submit any Application for Payment in any month, the Architect shall, for the purpose
of this evaluation of progress, certify separately to the actual value of the Work in place completed as of the first of
the month to the best of the Architect's knowledge.
§8.2.10 Nothing herein shall limit the Owner's right to liquidated or other damages for delays by the Contractor or to
any other remedy which the Owner may possess under other provisions of the Contract Documents or by law.
§ 8.2.11 If the Architect in reviewing any Application for Payment determines that the amount of completed Work in
place as certified by the Architect is less than 90% of the Work in place required by the Contractor’s construction
schedule or schedule of values provided for in Section 9.2, or that there have been delays to critical paths and the
Contract completion date will not be met, or that, in the Owner’s sole discretion, there is reasonable concern that the
Work will not be Substantially Complete by the date required in the Contract Documents, the Contractor shall be
required to submit a recovery schedule with a written description of the steps the Contractor intends to take to put
the Project back on schedule. At the Owner’s option, the Contractor shall take some or all of the following actions at
no additional cost to the Owner:
.1 Increase the number of workers on the site, in such quantities and trades as will substantially eliminate the
backlog of work;
.2 Increase the number of working hours per shift, shifts per day, working days per week, amount of
construction equipment, or any combination of the foregoing, sufficiently to substantially eliminate backlog of
work; or
.3 Reschedule activities so that the completion dates initially scheduled will be met.”
8.3 DELAYS AND EXTENSIONS OF TIME
8.3.1 Delete Subparagraph 8.3.1 and replace with the following:
Ҥ 8.3.1 If the Contractor is delayed at any time in the commencement or progress of the Work by an act or neglect
of the Owner or Architect, or of an employee of either, or of a separate contractor employed by the Owner; or by
changes ordered in the Work; or by fire, unavoidable casualties or other causes (except weather) beyond the
Contractor’s control; or by delay authorized by the Owner; or by other causes that the Architect determines may
justify delay, then the Contract Time shall be extended by Change Order for such reasonable time as the Architect
may determine, and this shall be the Contractor’s sole remedy for such delay. Under no circumstances will the
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Contractor be entitled to an increase in the Contract Sum, or to any other damages, on account of or in connection
with any delay, regardless of the cause of such delay, and Contractor agrees not to make any claim for such
damages, including, but not limited, claims for damages on account of having to perform out-of-sequence work,
claims for damages on account of loss of production, and claims for damages on account of hindrances or
interference with the work.”
8.3.3 Delete Subparagraph 8.3.3 and replace with the following
Ҥ8.3.3 No claim for delay shall be allowed on account of failure of the Architect to furnish Drawings, Specifications or
instructions or to return Shop Drawings or Samples until 30 days after receipt by the Architect by registered or
certified mail of written demand for such instructions, Drawings, or Samples, and not then unless such claim be
reasonable.”
8.3.4 - Add the following Subparagraphs 8.3.4 and 8.3.5:
8.3.5
Ҥ8.3.4 No extension of time shall be granted because of seasonal or abnormal variations in temperature, humidity or
precipitation, which conditions shall be wholly at the risk of the Contractor, whether occurring within the time
originally scheduled for completion or within the period of any extension granted. There shall be no increase in the
Contract Sum on account of any additional costs of operations or conditions resulting therefrom.
§8.3.5 Except as expressly provided in M.G.L. c.30, §39O, the Contractor hereby agrees that the Contractor shall
have no claim for damages of any kind against the Owner, the Owner’s Project Manager or the Architect on account
of any delay in the commencement of the Work and/or any delay or suspension of any portion of the Work, whether
such delay is caused by the Owner, the Owner’s Project Manager, the Architect, or otherwise. The Contractor
acknowledges that the Contractor's sole remedy for any such delay and/or suspension will be an extension of time
as provided in this Article.”
8.4 TIME FOR COMPLETION AND LIQUIDATED DAMAGES
8.4 Add the following Paragraph 8.4 and Subparagraphs 8.4.1 through 8.4.8:
Ҥ8.4 TIME FOR COMPLETION AND LIQUIDATED DAMAGES
§8.4.1 It is hereby understood and mutually agreed, by and between the Contractor and the Owner, that the date of
beginning and the time for completion of the work to be done hereunder are ESSENTIAL CONDITIONS of this
Contract; and it is further mutually understood and agreed that the work embraced in this Contract shall be
commenced on a date to be specified in the “Notice to Proceed.”
§8.4.2 The Contractor agrees that said work shall be prosecuted regularly, diligently, and uninterruptedly at such
rate of progress as will ensure full completion thereof within the time specified. It is expressly understood and
agreed, by and between the Contractor and the Owner, that the time for the completion of the same, taking into
consideration the average climatic range and usual industrial conditions prevailing in this locality.
§8.4.3 If the said Contractor shall neglect, fail, of refuse to complete the work within the time herein specified, or any
proper extension thereof granted by the Owner, then the Contractor does hereby agree, as a part consideration for
the awarding of this Contract, to pay to the Owner the amount specified in the Contract, not as a penalty but as
liquidated damages for such breach of contract has hereinafter set forth, for each and every calendar day that the
Contractor shall be in default after the time stipulated in the Contract for completing the work.
§8.4.4 The said amount of liquidated damages is fixed and agreed upon by and between the Contractor and the
Owner because of the impracticability and extreme difficulty of fixing and ascertaining the actual damages the
Owner would sustain in such event and said amount shall be retained from time to time by the Owner from current
periodic estimates, monies which may be then due, or which may become due and payable to the Contractor a sum
sufficient to compensate the Owner for the costs and expenses of employing architects, engineers, inspectors and
employees to the extent that their services are reasonably required during the period of default. These expenses
also include, but are not limited to, additional costs due to the rental or lease or the extension of any rental or lease
agreement for buildings to house students and the rental or lease or the extension of any rental or lease agreement
or the purchase of any vehicles to transport students, and additional security to maintain the project site and any
other site used to house students because of the Contractor’s delay.
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§8.4.5 It is further agreed that time is of the essence of each and every portion of this Contract and of the
specifications wherein a definite and certain length of time is fixed for the performance of any act whatsoever; and
where under the Contract an additional time is allowed for the completion of any work, the new time limit fixed by
such extension shall be of the essence of this contract. Provided, that the Contractor shall not be charged with
liquidated damages or any excess cost when the Owner determines that the Contractor is without fault and the
Contractor's reasons for the time extension are acceptable to the owner; provided further, that the Contractor shall
not be charged with liquidated damages or any excess cost when the delay in completion of the work is due;
provided further, that the contractor may be entitled to a time-only extension with no additional cost due where both
the Owner and the Contractor are without fault:
(a) To any preference, priority, or allocation order duly issued by the Government;
(b) To unforeseeable cause beyond the control and without the fault or negligence of the Contractor, including
but not restricted to, acts of God, unjustified acts of the Owner, acts of another Contractor in the performance
of a contract with the Owner, fires, floods, epidemics, pandemics, quarantine restrictions, work restrictions,
and freight embargoes;
(c) To any delays of sub-contractors or suppliers occasioned by any of the causes specified in subsections (a)
and (b) of this article.
§8.5.6 Provided, further, that the Contractor shall, within ten (10) days from the beginning of each delay, unless the
Owner shall grant a further period of time prior to the date of final settlement of the Contract, notify the Owner, in
writing, of the causes of the delay, who shall ascertain the facts and extent of the delay and notify the Contractor
within a reasonable time of its decision in the matter.
§8.4.7 The amount of such liquidated damages shall be in the amount of twenty-five hundred dollars ($2,500.00) for
each calendar day beyond the Contract time for each of the deadlines identified within A101 Form of Agreement
Article 3 section 3.3.
§8.4.8 The provisions of this paragraph 8.4 shall not prevent the Owner from exercising its contractual and statutory
rights, and seeking recovery from the Contractor, on account of any actual damages incurred by reason of the
Contractor’s failure to perform the work within the time required by the Contract Documents.”
ARTICLE 9: PAYMENTS AND COMPLETION
9.1 CONTRACT SUM
9.1. In the first sentence of Subparagraph 9.1, delete “total” and replace with "maximum".
9.2 SCHEDULE OF VALUES
9.2 Delete Subparagraph 9.2 and replace with the following:
Ҥ9.2.1 Before the first Application for Payment, the Contractor shall submit to the Project Manger and Architect a
schedule of values allocated to various portions of the Work, prepared in such form and supported by such data to
substantiate its accuracy as the Project Manager or Architect may require and shall be revised if later found by the
Architect to be inaccurate. This schedule, unless objected to the Project Manager or Architect, shall be used as a
basis for reviewing the Contractor’s Applications for Payment.”
9.2.1 Add the following Subparagraphs 9.2.1 and 9.2.2:
Ҥ9.2.1 The Schedule of Values shall be divided in items corresponding to each Section of these Specifications. If
required by the Architect, these items shall further be broken down in such form as the Architect may require, as to
facilitate the checking of the Contractor's Application for Payment.
§9.2.2 The Contractor shall submit cash Flow Schedule at least 14 days before first application for payment, that
shows the percentage completion to be obtained and the total dollar value of Work to be completed as of the first of
each month until Substantial Completion. All calculations in the Cash Flow Schedule shall be on the basis of Work in
place and shall exclude the value of materials delivered but not in place. The Cash Flow Schedule shall be based on
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an orderly progression of the Work allowing adequate time for each operation (including adequate time for
submission and review of submittals) and leading to a reasonable certainty of Substantial Completion by the date
established in the Agreement. The Cash Flow Schedule will be reviewed by the Architect for compliance with the
requirements of the Contract Documents. Unless specifically required by law, no payment under this Contract shall
be due until the Cash Flow Schedule has been reviewed and approved by the Architect. The Architect’s review of
the Cash Flow Schedule shall not impose any duty on the Architect or the Owner with respect to the timing,
planning, scheduling or execution of the Work. In particular if the Contractor proposes a Cash Flow Schedule
indicating a date of Substantial Completion which is earlier than the Contract Time the Contractor shall not be
entitled to additional payment or compensation of any kind if for any reason the full Contract Time is required to
achieve Substantial Completion of the Work.”
9.3 APPLICATIONS FOR PAYMENT
9.3.1 Delete Subparagraph 9.3.1 and replace with the following:
Ҥ9.3.1 On the first day of each month, exclusive of a Saturday, Sunday or legal holiday, the Contractor shall deliver
to the Architect and the Owner’s Project Manager by hand or by registered or certified mail with return receipt an
itemized Application for Payment, supported by such data substantiating the Contractor's right to payment as the
Owner or the Architect may require and reflecting retainage if any, as provided elsewhere in the Contract
Documents. Such Application for Payment shall be in form approved by the Architect and similar to A.l.A. Form
G702 "Application for Payment"; however, notarization will not be required. The form shall show separately.”
.1 The value of labor and materials incorporated in the Work.
.2 The value, kind and quantity of each item of material and/or equipment not incorporated in the Work but
delivered and suitably stored at the site or at some other location agreed upon in writing in accordance with
Subparagraph 9.3.2 hereinbelow.
.3 All executed Change Orders and Change Directives up to the date of Application for Payment.
9.3.1.1 Delete Subparagraph 9.3.1.1 without replacement
9.3.2 Add the following Subparagraph 9.3.2:
Ҥ9.3.2 The Owner may deduct the amount of such costs from payments due the Contractor. The Contractor shall
assume responsibility to protect all such materials from loss or damage, at no cost to the Owner, until they are finally
incorporated into the work, whether or not they have been paid for by the Owner.”
9.3.4- Add Subparagraphs 9.3.4 through 9.3.6:
9.3.6
Ҥ9.3.4 In no event may materials and/or equipment be deemed delivered and suitably stored at the site (or at some
other location agreed upon in writing), unless in the judgement of the Architect, the following requirements are met:
.1 The materials and/or equipment are ready for and actually scheduled for prompt use, as so called stockpiling
is expressly forbidden, except where otherwise specified.
.2 The materials and/or equipment meet the requirements of the Contract Documents.
.3 The Contractor can and will adequately protect the materials and/or equipment until they are incorporated in
the work.
.4 The Contractor shall pay storage' charges and related expenses, if materials and/or equipment are stored at
some other location agreed upon in writing.
§9.3.5 Each Application for Payment or periodic estimate requesting payment shall be accompanied at the Owner's
option by (i) a waiver of liens from each Subcontractor or (ii) a certificate from each Subcontractor stating that the
Subcontractor has been paid all amounts due the Subcontractor on the basis of the previous periodic payment to the
Contractor, or else stating the amount not so paid and the reason for the discrepancy. In the event of any such
discrepancy,. the Contractor shall furnish the Contractor's own written explanation to the Owner through the
Architect and the Owner’s Project Manager. Such waiver or certificate shall be in a form acceptable to the Owner.
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§9.3.6 Each monthly Application for Payment shall include an additional line item adjacent to the Description of Work
that reads, ‘MSBA Code’ where the MSBA code number that coincides with the Description of Work and describes a
separate summary of the invoiced costs by Division and follows the MSBA cost classification codes summary form.
The Contractor shall tie the subtotals for each Division in the Requisition itself.”
9.5 DECISIONS TO WITHHOLD CERTIFICATION
9.5.1 In Subparagraph 9.5.1, delete Item .6 and replace with the following:
“.6 reasonable evidence that the Work will not be completed within the Contract Time, and that retainage
currently held by the Owner would not be adequate to cover actual or liquidated damage for the anticipated
delay;”
After Item 7 of Subparagraph 9.5.1, add the following:
“.8 failure of mechanical trade or electrical trade subcontractors to comply with mandatory requirements for
maintaining record drawings. The Contractor shall check record drawings each month and provide to the
Owner’s Project Manager for their review. Written confirmation that the record drawings are current will be
required by the Architect and the Owner’s Project Manager before approval of the Contractor's monthly
payment requisition.
.9 failure of the Contractor to provide required warranties under subparagraph 9.3.3, claims for direct payment,
or reasonable evidence indicating probable filing of such claims; or
.10 liquidated damages incurred by the Owner pursuant to Section 8.4.
.11 costs incurred by the Owner under Section 10.2.5;
.12 failure of the Contractor to submit an acceptable monthly project schedule update or any other prerequisite
documentation required by the General Requirements.”
9.5.3 Delete Subparagraph 9.5.3 without replacement.
9.6 PROGRESS PAYMENTS
9.6.1- Delete Subparagraphs 9.6.1 and 9.6.2 and replace with the following:
Ҥ9.6.1 After the Architect has issued a Certificate for Payment, the Owner shall make payment to the General
Contractor in accordance with Section 39K of Chapter 30 of the General Laws.
§9.6.2 Payments to the Subcontractors for any sub-trade listed in Item 2 of the Form for General Bid shall be made
in accordance with Section 39F of Chapter 30 of the General Laws, as amended, which Section provides as follows:
.1 Forthwith after the General Contractor receives payment on account of a periodic estimate, the General
Contractor shall pay to each Subcontractor the amount paid for the labor performed and the materials
furnished by that Subcontractor, less any amount specified in any court proceedings barring such payment
and also less any amount claimed due from the Subcontractor by the General Contractor.
.2 Not later than the sixty-fifth day after each Subcontractor substantially completes his work in accordance with
the Plans and Specifications, the entire balance due under the Subcontract less amounts retained by the
Awarding Authority as the estimated cost of completing the incomplete and unsatisfactory items of work,
shall be due the Subcontractor; and the Awarding Authority shall pay the amount specified in any court
proceeding barring such payment and also less any amount claimed due from the Subcontractor by the
General Contractor.
.3 Each payment made by the Awarding Authority to the General Contractor pursuant to Subparagraphs (a) and
(b) of this paragraph for the labor performed and the materials furnished by a Subcontractor shall be made to
the General Contractor for the amount of that Subcontractor; and the Awarding Authority shall take
reasonable steps to compel the General Contractor to make each such payment to each such Subcontractor.
If the Awarding Authority has received a demand for direct payment from a Subcontractor for any amount
which has already been included in a payment to the General Contractor or which is to be included in a
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payment to the General Contractor for payment to the Subcontractor as provided in Subparagraphs (a) and
(b), the Awarding Authority shall act upon the demand as provided in this Section.
.4 If, within seventy days after the Subcontractor has substantially completed the Subcontract work, the
Subcontractor has not received from the General Contractor the balance due under the Subcontract
including any amount due for extra labor and materials furnished to the General Contractor, less any amount
retained by the Awarding Authority as the estimated cost of completing the incomplete and unsatisfactory
items of work, the Subcontractor may demand direct payment of that balance from the Awarding Authority.
The demand shall be by a sworn statement delivered to or sent by certified mail to the Awarding Authority,
and a copy shall be delivered to or sent by certified mail to the General Contractor at the same time. The
demand shall contain a detailed breakdown of the balance due under the Subcontract and also a statement
of the status of completion of the Subcontract work. Any demand made after substantial completion of the
Subcontract work shall be valid even if delivered or mailed prior to the seventieth day after the Subcontractor
has substantially completed the Subcontract work. Within ten days after the Subcontractor has `delivered or
so mailed the demand to the Awarding Authority and delivered or so mailed a copy to the General
Contractor, the General Contractor may reply to the demand. The reply shall be by a sworn statement
delivered to or sent by certified mail to the Awarding Authority and a copy shall be delivered to or sent by
certified mail to the Subcontractor at the same time. The reply shall contain a detailed breakdown of the
balance due under the Subcontract including any amount due for extra labor and materials furnished to the
General Contractor and of the amount due for each claim made by the General Contractor against the
Subcontractor.
.5 Within fifteen days after receipt of the demand by the Awarding Authority, but in no event prior to the
seventieth day after substantial completion of the Subcontract work, the Awarding Authority shall make direct
payment to the Subcontractor of the balance due under the Subcontract including any amount due for extra
labor and materials furnished to the General Contractor, less any amount, (i) retained by the Awarding
Authority as the estimated cost of completing the incomplete or unsatisfactory items of work, (ii) specified in
any court proceedings barring such payment, or (iii) disputed by the General Contractor in the sworn reply;
provided, that the Awarding Authority shall not deduct from a direct payment any amount as provided in part
(iii) if the reply is not sworn to, or for which the sworn reply does not contain the detailed breakdown required
by Subparagraph (d).
The Awarding Authority shall make further direct payments to the Subcontractor forthwith after the removal of
the basis for deductions from direct payments made as provided in parts (i) and (ii) of this subparagraph.
.6 The Awarding Authority shall forthwith deposit the amount deducted from a direct payment as provided in
part (iii) of Subparagraph (e) in an interest-bearing joint account in the names of the General Contractor and
the Subcontractor in a bank in Massachusetts selected by the Awarding Authority or agreed upon by the
General Contractor and the Subcontractor and shall notify the General Contractor and the Subcontractor of
the date of the deposit and the bank receiving the deposit. The bank shall pay the amount in the account,
including accrued interest, as provided in an agreement between the General Contractor and the
Subcontractor or as determined by decree of a court of competent jurisdiction.
.7 All direct payments and all deductions from demands for direct payments deposited in an interest-bearing
account or accounts in a bank pursuant to Subparagraph (f) shall be made out of amounts payable to the
General Contractor at the time of receipt of a demand for direct payment from a Subcontractor and out of
amounts which later become payable to the General Contractor and in order of receipt of such demands from
Subcontractors. All direct payments shall discharge the obligation of the Awarding Authority to the General
Contractor to the extent of such payment.
.8 The Awarding Authority shall deduct from payments to a General Contractor amounts which, together with
the deposits in interest-bearing accounts pursuant to Subparagraph (f), are sufficient to satisfy all unpaid
balances of demands for direct payment received from Subcontractors. All such amounts shall be
earmarked for such direct payments, and the Subcontractors shall have a right in such deductions prior to
any claims against such amounts by creditors of the General Contractor.
.9 If the Subcontractor does not receive payment as provided in Subparagraph (a) or if the General Contractor
does not submit periodic estimate for the value of the labor and materials performed or furnished by the
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Subcontractor and the Subcontractor does not receive payment for same when due less the deductions
provided for in Subparagraph (a), the Subcontractor may demand direct payment by following the procedure
in Subparagraph (d) and the General Contractor may file a sworn reply as provided in that same
Subparagraph. A demand made after the first day of the month following that for which the Subcontractor
performed or furnished the labor and materials for which the Subcontractor seeks payment shall be valid
even if delivered or mailed prior to the time payment was due on a periodic estimate from the General
Contractor. Thereafter the Awarding Authority shall proceed as provided in Subparagraphs (e), (f), (g) and
(h).
9.6.3 Delete Subparagraph 9.6.3 without replacement
9.6.4 In the first sentence and after “Owner” of subparagraph 9.6.4, add “and Owner’s Project Manager”
In the second sentence of Subparagraph 9.6.4, delete “If the Contractor fails to furnish such evidence within seven
days,” without replacement.
Delete the last sentence of Subparagraph 9.6.4 and replace with “Neither the Owner, the Owner’s Project Manager,
or the Architect shall have an obligation to pay or to see to the payment of money to a Subcontractor, Sub-
subcontractor or material supplier.”
9.6.5 Delete Subparagraph 9.6.5 and replace with the following:
Ҥ9.6.5 On all applications for payment, the Contractor shall indicate the sums of money being requisitioned for
payment of his principal material suppliers and Subcontractors, and shall include a sworn certificate that his money
will be used to pay these material suppliers and Subcontractors promptly after receipt of payment from the Owner.
Applications for payment shall be consistent with the Schedule of Values. Upon completion of the Work, the
Contractor shall sign a sworn and notarized release form certifying that all payrolls, materials, bills and other
obligations of the Contractor in connection with the Work have been paid and in consideration of all prior payments
and the final payment, releasing and forever discharging the Owner from all claims, demands, obligations and
liabilities of every kind and nature which arise out of or relate to the Contract.”
9.6.7 Delete Subparagraph 9.6.7 without replacement
9.7 FAILURE OF PAYMENT
9.7 Delete Paragraph 9.7 replace with the following:
Ҥ9.7 If the Owner fails to make payments as provided in Section 39K of Chapter 30, the Contractor shall be
compensated as set forth in said Section.”
9.8 SUBSTANTIAL COMPLETION
9.8.1 After the last sentence of Subparagraph 9.8.1, add "and only minor items which can be corrected or completed
without any material interference with the Owner's use of the Work remaining to be corrected or completed. In
addition, Substantial Completion for the entire Project shall be achieved only when: (1) the Owner has beneficial
occupancy and use of the entire Project for all its intended uses; (2) all Project systems included in the Work are
operational and acceptable to the Owner; (3) all governmental inspections for the Project have been successfully
completed, all governmental approvals and related paperwork have been delivered to the Owner, and final and
unconditional certificates of occupancy for the entire Project have been delivered to the Owner, (4) the only
remaining Work to be performed is minor in nature and the remaining Work may reasonably be performed without
having a material adverse effect on or materially interfering with the Owner’s occupancy and use of the Project and
(5) all prerequisites to Substantial Completion defined in the Contract Documents have been completed."
9.8.2 Delete Subparagraph 9.8.2 and replace with the following:
Ҥ9.8.2 When the Contractor considers that the Work is substantially complete and the premises comply with
subparagraph 3.15.1, the Contractor shall submit to the Architect (1) a list of items to be completed or corrected, (2)
all special warranties required by the Contract Documents, endorsed by the Contractor and in a form reasonably
acceptable to the Architect and (3) the permits and certificates referred to in subparagraph 13.5.4. The failure to
include any items on the list mentioned in the preceding sentence does not alter the responsibility of the Contractor
to complete all Work in accordance with the Contract Documents. When the Architect on the basis of an inspection
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determines that the Work or designated portion thereof is substantially complete and the other conditions have been
met, the Architect will then prepare a Certificate of Substantial Completion which shall establish the Date of
Substantial Completion, shall state the responsibilities of the Owner and the Contractor for security, maintenance,
heat, utilities, damage to the Work, and insurance, and shall fix the time within which the Contractor shall complete
the items listed therein. Warranties required by the Contract Documents shall commence on the date of Substantial
Completion of the Work or designated portion thereof unless otherwise provided in the Certificate of Substantial
Completion. The Certificate of Substantial Completion shall be submitted to the Owner and Contractor for their
written acceptance of the responsibilities assigned to them in such Certificate.”
9.8.5 Delete the second and third sentences of Subparagraph 9.8.5 without replacement.
9.8.6 Add the following Subparagraph 9.8.6:
Ҥ 9.8.6 Services provided by the Architect to conduct more than three (3) inspections of completed Work and any
inspections beyond sixty (60) days after the date of substantial completion of any portion of the Work as stated in the
Agreement shall be paid by the Contractor to the Owner. The Owner may deduct the cost of such services and
inspections from payments due the Contractor.”
9.9 PARTIAL OCCUPANCY OR USE
9.9.1 Delete Subparagraph 9.9.1 and replace with the following:
Ҥ9.9.1 The Owner may occupy or use any completed or partially completed portion of the Work at any state. Such
partial occupancy or use may begin whether or not the portion is substantially complete, provided that the respective
responsibilities of the Owner and Contractor with respect to payments, retainage, if any, security, maintenance, heat,
utilities, damage to the Work, insurance, correction of the Work, and warranties shall be established by agreement of
the Owner and Contractor or, absent such agreement, shall be determined by the Architect subject to the right of
either party to contest such determination as provided in Article 15.”
9.10 FINAL COMPLETION AND FINAL PAYMENT
9.10.1 After the last sentence of subparagraph 9.10.1, add "Final Payment shall be made in accordance with Section 39K
of Chapter 30. By Final Completion, the Contractor shall have completed its performance of all Punchlist items,
completed all balancing of mechanical and other applicable systems and all seasonal system adjustments that are
reasonably necessary to proper functioning of the completed Project, delivered to the Owner all operations and
maintenance manuals and completed related training for such manuals, and delivered to the Owner all required
warranties and guarantees."
9.10.2 Delete the second and third sentences of Subparagraph 9.10.2 without replacement
9.10.3 Delete Subparagraphs 9.10.3 and 9.10.4 without replacements.
9.10.5 In the first sentence and after “payee” of Subparagraph 9.10.5, add “for payment for Work performed and of all other
claims of which the payee knew or should have known at the time of final payment,”
9.11 AVAILABILITY OF FUNDS
9.11 - Add the following Paragraph 9.11 and Subparagraph 9.11.1:
9.11.1
Ҥ 9.11 AVAILABILITY OF FUNDS
§ 9.11.1 Anything herein before set forth to the contrary notwithstanding, nothing in this contract shall be deemed to
commit the Owner to pay a sum in excess of monies lawfully appropriated by or available to the Owner for such
payments.”
ARTICLE 10: PROTECTION OF PERSONS AND PROPERTY
10.2 SAFETY OF PERSONS AND PROPERTY
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10.2.1.2 At the end of subparagraph 10.2.1.2, delete the word “and” without replacement.
10.2.1.3 At the end of subparagraph 10.2.1.3, add the word ", and"
10.2.1 Add the following Item 4:
“.4 any other property of the Owner, whether or not forming part of the Work, located at the site or adjacent
thereto in areas to which the Contractor has access.”
10.2.5 Delete Subparagraph 10.2.5 and replace with the following:
Ҥ 10.2.5 The Contractor shall promptly remedy damage and loss to property referred to in subparagraphs 10.2.1.2,
10.2.1.3 and 10.2.1.4. If the damage or loss is due in whole or in part to the Contractor's failure to take the
precautions required by this paragraph 10.2, the Contractor shall, subject to any reimbursement to which the
Contractor is entitled under property insurance required by the Contract Documents, bear the cost.”
10.2.8- Add the following Subparagraphs 10.2.8 through 10.2.15:
10.2.15
Ҥ 10.2.8 The Contractor shall provide and maintain in good operating condition suitable and adequate fire protection
equipment and services, and shall comply with all reasonable recommendations regarding fire protection made by
the representatives of the fire insurance company carrying insurance on the Work or by the local fire chief or fire
marshal. The area within the site limits shall be kept orderly and clean, and all combustible rubbish shall be
promptly removed from the site. The Contractor shall promptly remedy damage and loss to property of the Owner. If
the damage or loss is due in whole or in part to Contractor’s failure to take the precautions required in Article 10, the
Contractor shall, subject to any reimbursement to which the Contractor is entitled under Property insurance required
by the Contract Documents, bear the cost. The Contractor shall be fully and solely responsible for all Work and other
operations carried out on any adjacent properties. The insurance required under the General Conditions, as
modified by the Supplementary General Conditions, shall cover such Work operations, and the Contractor shall
indemnify and defend the Owner, Architect, and Owner’s Project Manager from and against any and all claims suits,
losses or costs arising out of such Work or operations or caused by the failure of the Subcontractor, regardless of
tier, or anyone directly or indirectly employed by any of them or anyone for whose acts they may be liable, to take
precautions required by Article 10.
§ 10.2.9 The Contractor shall at all times protect excavations, trenches, buildings and materials, from rain water,
ground water, backup or leakage of sewers, drains and other piping, and from water of any other origin and shall
remove promptly any accumulation of water. The Contractor shall provide and operate all pumps, piping and other
equipment necessary to this end.
§ 10.2.10 The Contractor shall take care of all existing pipe lines, conduits, poles, wiring and other utilities that in any
way interfere with the work, whether or not they are specifically shown on the drawings. He shall notify the proper
authorities and see that all items to be maintained are protected, supported, or relocated as necessary to adjust
them to the new work. He shall notify the Architect in writing of the exact nature, size, and location of any utilities
encountered which are not shown in or deviate from the drawings. Any damage to active utilities shall be repaired
by the Contractor, as directed by the Architect, at no cost to the Owner.
§ 10.2.11 The Contractor and all Subcontractors shall comply with applicable provisions of Federal Laws including,
but not limited to the latest amendments of the following:
.1 William-Steiger Occupational Safety and Health Act of 1970, Public Law 91-596.
.2 Part 1518 - Safety and Health Regulations for Construction, Chapter XIII of Title 29, Code of Federal
Regulations.
.3 Part 1910 - Occupational Safety and Health Standards, Chapter XVII of Title 29, Code of Federal
Regulations.
§ 10.2.12 During the progress of the Work and at all times prior to the date of Substantial Completion or occupancy
of the Work by the Owner, whichever is earlier, the Contractor shall provide temporary heat, ventilation, and
enclosure, adequate to permit the Work to proceed in a timely fashion, and to prevent damage to completed Work or
Work in progress, or to materials stored on the premises. The permanent heating and ventilation systems may be
used for these purposes when available unless otherwise provided in the Contract Documents.”
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§ 10.2.13 The Contractor shall remove snow and ice which might result in damage or delay.
§ 10.2.14 [G.L. c.149, §44F(1)] The Contractor shall install weather protection and furnish adequate heat in the
protected area from November 1 to March 31.
§ 10.2.15 The Contractor shall arrange for, coordinate and pay all costs associated with crossing guards and police
details required for the Work.”
10.3 HAZARDOUS MATERIALS
10.3.1 In the second sentence and after “(PCB)” of Subparagraph 10.3.1, add “or any other hazardous and/or toxic, and/or
any potentially hazardous and/or toxic materials.”
After the last sentence of Subparagraph 10.3.1, add “Contractor shall not perform any testing of existing soils or
existing building materials contained within the existing site.”
10.3.2 Delete Subparagraph 10.3.2 without replacement
10.3.3 Delete Subparagraph 10.3.3 without replacement
10.3.4 Delete Subparagraph 10.3.4 without replacement
10.3.5 In the first sentence and after “under” of Subparagraph 10.3.5, delete the rest of the paragraph, and replace with the
following: “Article 10 or for any violation of applicable law related to the Contractor’s noncompliance with the
provisions of this Article 10.”
Delete the last sentence of Subparagraph 10.3.5 without replacement.
10.3.6 Delete Subparagraph 10.3.6 and replace with the following:
Ҥ 10.3.6 The Contractor shall strictly comply with all laws, regulations, rules, orders, ordinances and the like related
to the excavation, storage, removal and disposal of any such hazardous substances or materials.”
10.4 EMERGENCIES
10.4.1 Add the following Subparagraph 10.4.1:
Ҥ 10.4.1 The Contractor shall furnish the Owner and the Architect in writing, the names, addresses and telephone
numbers, of members of the Contractor's organization to be called in the event of an out-of-hours emergency at the
project site. He also shall have this information affixed in legible form under glass or plastic to the outside of the field
office.”
ARTICLE 11: INSURANCE AND BONDS
11.1 CONTRACTOR’S LIABILITY INSURANCE
11.1.1 In the second sentence and after “word” of subparagraph 11.1.1, add "and to which the Owner has no reasonable
objection".
11.1.2 Delete Subparagraph 11.1.2 and replace with the following:
Ҥ 11.1.2 The insurance required by subparagraph 11.1.1 shall include all major divisions of coverage, and shall be
on a commercial general basis including Premises and Operations (including X-C-U), Owner's and Contractor's
Protective, Products and Completed Operations, and Owned, Non-owned, and Hired Motor Vehicles. Such
insurance shall be written for not less than any limits of liability required by law or those set forth in the Contract
Documents, whichever is greater.
All insurance shall be written on an occurrence basis, unless the Owner approves in writing coverage on a claims-
made basis. Coverages, whether written on an occurrence or claims-made basis, shall be maintained without
interruption from date of commencement of the Work until date of final payment and termination of any coverage
required to be maintained after final payment. The Owner and the Architect shall be added as an Additional Insured
on all policies. Coverage for such liability insurance shall be provided by a company or companies reasonably
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acceptable to the Owner and authorized to do business in Massachusetts. Contractor shall furnish to Owner written
confirmation as to the insurance carrier's most current financial ratings prior to commencing work.”
11.1.3 After the last sentence of subparagraph 11.1.3, add “These certificates shall set forth evidence of all coverage
required by 11.1.1 and 11.1.2. The form of certificate shall be AIA Document G705. The Contractor shall furnish to
the Owner copies of any endorsements that are subsequently issued amending limits of coverage.”
11.1.3.1 Add the following Subparagraphs 11.1.3.1 and 11.1.3.2:
11.1.3.2
Ҥ 11.1.3.1 The Contractor shall be responsible for having acceptable insurance coverage provided by or on behalf of
all Subcontractors, with such insurance to be similar to that required of the Contractor under the Agreement and
these General Conditions. The Contractor shall not allow any Subcontractor to commence Work on the Project prior
to the Contractor’s receipt of certificates of insurance that are acceptable in form and limits to the Owner; the Owner
shall have no obligation to pay the Contractor for any Work performed by a Subcontractor who has not supplied
acceptable insurance certificates prior to starting its Work. The Owner shall be named an additional insured on all
such certificates.
§ 11.1.3.2 All insurance policies shall contain provisions or endorsements necessary to assure coverage of claims
by one insured against another. All required insurance policies are to be endorsed to state that the Contractor’s
policies shall be primary to all other insurance available to the Owner and other specified additional insureds for
liability arising out of or resulting from the Contractor’s operations under the Contract, whether such operations be by
the Contractor or by a Subcontractor or by anyone directly or indirectly employed by any of them or by anyone for
whose acts any of them may be liable.”
11.1.4 In the first sentence and after “Owner” of Subpqaragraph 11.1.4, add “, the Owner’s Project Manager”
11.1.5 - Add the following Subparagraphs 11.1.5 and 11.1.6:
11.1.6
Ҥ 11.1.5 In no case shall the limits of liability be less than required by the Massachusetts School Building Authority
Standard Construction Contract Insurance provisions (see specification Sections 00 08 26 – Insurance
Requirements).
§ 11.1.6 Comply with all additional requirements as outlined in the Massachusetts School Building Authority
Standard Construction Contract Insurance provisions (see specification Section 00 08 26 – Insurance
Requirements).”
11.2 OWNER’S LIABILITY INSURANCE
11.2 Delete the sentence of Paragraph 11.2 and replace the following: “The Contractor shall procure and pay for an
Owner’s policy of Owner’s protective liability insurance insuring the Owner and its officers, employees and agents
against claims which may arise from operations under the Contract or relating thereto”
11.3 PROPERTY INSURANCE
11.3.1 Delete Subparagraph 11.3.1 and replace with the following:
Ҥ 11.3.1 The Contractor shall purchase and maintain property insurance upon the entire Work at the site to the full
insurable value thereof. Coverage for such insurance shall be provided by a company or companies reasonably
acceptable to the Owner and which have, and shall maintain throughout the pendency of this contract, a minimum
financial rating of not less than A+ according to A.M. Best or AAA according to Moody’s. Contractor shall furnish to
Owner written confirmation as to the insurance carrier’s most current financial ratings prior to commencing work.
Such insurance shall include the interest of the Owner, the Contractor, Subcontractor and Sub-subcontractors in the
work and shall insure against the perils of fire and extended coverage and shall include “all risks” insurance for
physical loss or damage including without duplication, theft, vandalism and malicious mischief. This insurance shall
also cover portions of the Work stored off the site or in transit, which are included in an Application for Payment. If
this insurance is written with stipulated amounts deductible, the Owner shall not be responsible for any difference
between the payments made by the insurance carrier and the claim. The policy shall contain a provision that
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coverages afforded under policies will not be cancelled or allowed to expire until at least 30 days’ written notice has
been given to the Owner. The Owner shall be named insured within the policy.”
11.3.1.1- Delete Subparagraphs 11.3.1.1 through 11.3.7 without replacement
11.3.7
11.3.8 Delete the first sentence of Subparagraph 11.3.8 without replacement
11.3.9 Delete Subparagraph 11.3.9 and replace with the following:
Ҥ 11.3.9 The Owner shall have the power to adjust and settle with its insurers any loss for which it has obtained
insurance pursuant to 11.2. Upon the occurrence of an issue of loss, the Owner and the Contractor shall cooperate
with each other and with each other’s insurer in the submission of claims and related information and the distribution
of any insurance proceeds. If after such loss no other special agreement is made, replacement of damaged work
shall be covered by an appropriate change order.”
11.3.10 Delete Subparagraph 11.3.10 without replacement
11.4 PERFORMANCE BOND AND PAYMENT BOND
11.4.1 Delete Subparagraph 11.4.1 and replace with the following:
Ҥ11.4.1 The Contractor shall furnish bonds covering the faithful performance of the Contract and payment of
obligations arising thereunder. Bonds may be obtained through the Contractor’s usual source and the cost thereof
shall be included in the Contract Sum. The amount of each bond shall be equal to 100% percent of the Contract
Sum.
11.4.1.1 - Add the following Subparagraphs 11.4.1.1 and 11.4.1.2:
11.4.1.2
Ҥ 11.4.1.1 The Contractor shall deliver the required bonds to the Owner not later than three days following the date
the Agreement is entered into, or if the Work is to be commenced prior to that date in response to a letter of intent,
the Contractor shall, prior to the commencement of the Work, submit evidence satisfactory to the Owner that such
bonds will be furnished.
§ 11.4.1.2 The Contractor shall require the attorney-in-fact who executes the required bonds on behalf of the surety
to affix to the bonds a certified and current copy of the power of attorney.”
ARTICLE 12: UNCOVERING AND CORRECTION OF WORK
12.2 CORRECTION OF WORK
12.2.1 In the last sentence of Ssubparagraph 12.2.1 add “and any cost, loss, or damages to the Owner resulting from such
failure or defect."
12.2.2.1 Delete the third sentence of Subparagraph 12.2.2.1 without replacement
After the last sentence of Subparagraph 12.2.2.1, add the following: “If the Contractor does not proceed with
correction of such nonconforming Work within a reasonable time fixed by written notice from the Architect, the
Owner may remove it and store the salvable materials or equipment at the Contractor's expense. If the Contractor
does not pay costs of such removal and storage within ten days after written notice, the Owner may upon ten
additional days' written notice sell such materials and equipment at auction or at private sale and shall account for
the proceeds thereof, after deducting costs and damages that should have been borne by the Contractor, including
compensation for the Architect's services and expenses made necessary thereby. If such proceeds of sale do not
cover costs which the Contractor should have borne, the Contract Sum shall be reduced by the deficiency. If
payments then or thereafter due the Contractor are not sufficient to cover such amount, the Contractor shall pay the
difference to the Owner. If the correction or repair of any of the Work is required to avoid impacts to the
maintenance, operation or safety of any portion of the Project site or the Owner’s property, the Owner reserves the
right to undertake the repairs prior to notifying the Contractor or without waiting for the Contractor to respond,
without waiving the Owner’s rights under the warranties and the Owner’s right to correct work under Section 2.4.”
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ARTICLE 13: MISCELLANEOUS PROVISIONS
13.1 GOVERNING LAW
13.1 Delete Paragraph 13.1 and replace with the following:
Ҥ 13.1 GOVERNING LAW
The Contract shall be governed by the law of the Commonwealth of Massachusetts.”
13.2 SUCCESSORS AND ASSIGNS
13.2.2 Delete Subparagraph 13.2.2 and replace with the following:
Ҥ13.2.2 If the Owner conveys its interest in the Project to a third party, any rights which the Owner may have
against the Contractor arising from this Agreement including without limitation Claims under Article 12 or Claims
which, under the terms of Article 15, are reserved to the Owner after the making and acceptance of final payment,
shall automatically transfer to such third party.”
13.5 TESTS AND INSPECTIONS
13.5.4 Delete Subparagraph 13.5.4 and replace with the following:
“§13.5.4 The Contractor shall obtain and deliver promptly to the Architect and the Owner’s Project Manager any
occupancy permit and any certificates of final inspection of any part of the Contractor's work and operating permits
for any mechanical apparatus, such as elevators, escalators, boilers, air compressors, etc., which may be required
by law to permit full use and occupancy of the premises by the Owner. Receipt of such permits or certificates by the
Architect and the Owner’s Project Manager shall be a condition precedent to Substantial Completion of the Work.”
13.5.5 Delete subparagraph 13.5.5 and replace with the following:
“§ 13.5.5 If the Architect or Owner’s independent testing agency is to observe tests, inspections or approvals required
by the Contract Documents, the Architect or Owner’s independent testing agency will do so promptly and, where
practicable, at the normal place of testing. Where independent testing is requested, the Contractor shall provide
written notification to the Owner’s Project Manager two business days in advance of the scheduled activities
requiring independent testing.”
13.7 STATUTORY LIMITATION PERIOD
13.7 Delete Paragraph 13.7 and Subparagraph 13.7.1 and replace with the following:
13.7.1
Ҥ 13.7 STATUTORY LIMITATION PERIOD
§ 13.7.1 It is expressly agreed that the obligations of the Contractor hereunder arise out of contractual duties, and
that the failure of the Contractor to comply with the requirements of the Contract Documents shall constitute a
breach of contract, not a tort, for the purpose of applicable statutes of limitation and repose. Any cause of action
which the Owner may have on account of such failure shall be deemed to accrue only when the Owner has obtained
actual knowledge of such failure, not before.”
13.8 LIMITATIONS OF LIABILITY
13.8 Add the following Paragraphs 13.8. and 13.9:
13.9
Ҥ13.8 LIMITATION OF LIABILITY
§13.8.1 The Owner shall be liable only to the extent of its interest in the Project; and no officer, director, partner,
agent or employee of the Owner (or any partner of a partner or any agent or employee of a partner, board,
commission or committee of the Owner) shall ever be personally or individually liable with respect to this Contract or
the Work. Each Subcontract shall include the foregoing limitation, which shall be effective if the Owner ever
succeeds to the Contractor's rights and obligations under a Subcontract.”
§13.9 DEFENSE OF SUITS
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§13.9.1 The Contractor shall be responsible for, shall defend and pay all costs, attorneys’ fees and liabilities, for both
direct and indirect, as a result of suits arising out of this Contract.
§13.9.2 Neither final acceptance nor occupation of the premises by the Owner shall relieve the Contractor of
responsibility for all claims for labor, materials, and equipment arising out of this contract.
§13.9.3 The Contractor shall indemnify and hold harmless the Owner and the Architect and their agents and
employees from and against all claims, damages, losses, and expenses including attorneys’ fees arising out of or
resulting from the performance of the work.”
13.10 STATUTORY REQUIREMENTS
13.10 Add the following Paragraph 13.10:
Ҥ 13.10 STATUTORY REQUIREMENTS
§ 13.10.1 The Contractor and Subcontractors should take notice of and agrees to comply with the following, to the
extent that they are applicable: M.G.L. c.30 s 39F | M.G.L. c.30 s 39G | M.G.L. c.30 s 39I | M.G.L. c.30 s 39J |
M.G.L. c.30 s 39K | M.G.L. c.30 s 39L | M.G.L. c.30 s 39M(b) | M.G.L. c.30 s 39N | M.G.L. c.30 s 39O | M.G.L. c.30 s
39P | M.G.L. c.30 s 39R | M.G.L. c.149 s 34 | M.G.L. c.149 s 44J | M.G.L. c.82 s 40
Prevailing wage rates, as contained in the bidding documents, shall apply, pursuant to M. G. L. c. 149, §§26-27G for
all work done at the building site. Contractor agrees that it shall pay laborers to be employed on the project wages in
an amount no less than the applicable prevailing wage rates established for the project by the Massachusetts
Department of Labor and Workforce Development. The Contractor shall indemnify the Owner for, from and against
any loss, expense, damages, actions or claims, including any expense incurred in connection with any delay or
stoppage of the project work, arising out of or as a result of (1) the failure of the Contractor’s or Subcontractor’s bid
to be based upon the payment of the said applicable prevailing wage rates, (2) the failure of the Contractor or
Subcontractor to pay laborers employed on the project the said applicable prevailing wage rates, or (3) the failure of
the Contractor or Subcontractor to anticipate and include pricing escalation which may result from annual prevailing
wage rate updates as part of their bid.
In accordance with the requirements of M. G. L. c. 149, §27B, the Contractor shall submit, and shall require all of its
Subcontractors, if any, to keep a record of hours and wages paid to laborers employed on the project to submit to
the Awarding Authority, on a weekly basis, copies of such records.
The Contractor shall not discriminate against or exclude any person from participation herein on grounds of race,
religion, color, sex, sexual orientation, age, or national origin; and that it shall take affirmative actions to insure that
applicants are employed, and that employees are treated during their employment, without regard to race, religion,
color, sex, genetic status, sexual orientation (provided that a minor child is not the object of said orientation), age,
handicapped status, or national origin.
The Contractor shall comply with M.G.L. c. 268A, the Commonwealth’s Conflict of Interest Law.
The Contractor shall comply with any and all MBE/WBE goals established for the project. The Contractor shall take
all affirmative steps necessary to achieve this goal, and shall provide reports documenting the portion of contract
and subcontract dollars paid to minority and women-owned businesses, and its efforts to achieve the goals, with
each invoice submitted or at such greater intervals as specified by the (municipality). The Contractor shall require
similar reports from its subcontractors.
The Contractor shall not participate in or cooperate with an international boycott, as defined in Section 999 (b)(3)
and (4) of the Internal Revenue code 1986, as amended, or engage in conduct declared to be unlawful by Section 2
of Chapter 151E of the Massachusetts General Laws.
To the extent any of the foregoing sections required by Massachusetts law are inconsistent with other, non-statutory
sections in this agreement, any statutorily- mandated provisions contained herein shall control.
Additionally, as stated, supra, any public solicitation issued by the awarding authority shall be expressly incorporated
into this Contract.
Any public solicitation issued by the awarding authority shall be expressly incorporated into this Contract.
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Contractor certifies, pursuant to M.G.L. c. 62C, §49A, that it is in compliance with all laws of the Commonwealth that
pertain to taxes, to the reporting of employees and contractors, and to the withholding and remittance of child
support.
CONTRACTOR SHALL SUBMIT ANY REQUIRED BONDS, ALL OF WHICH ARE SPECIFICALLY
INCORPORATED BY REFERENCE INTO THE FOUR CORNERS OF THIS CONTRACT.”
ARTICLE 14: TERMINATION OF THE CONTRACT
14.1 TERMINATION BY THE CONTRACTOR
14.1. Delete Subparagraph 14.1 and replace with the following:
“14.1 TERMINATION BY THE CONTRACTOR
§ 14.1.1 Provided that the Contractor is not in breach of any of its obligations under the Contract, the Contractor may
terminate the Contract if the Work is stopped for a period of 30 consecutive days through no act or fault of the
Contractor or a Subcontractor, Sub-subcontractor or their agents or employees or any other persons or entities
performing portions of the Work under direct or indirect contract with the Contractor, for any of the following reason:
.1 Because the Architect has not issued a Certificate for Payment and has not notified the Contractor of the
reason for withholding certification as provided in Section 9.4.1, or because the Owner has not made
payment on a Certificate for Payment within the time stated in the Contract Documents; or.”
14.1.2 Delete Subparagraph 14.1.2 and replace with the following:
Ҥ 14.1.2 If one of the above reasons exists, the Contractor may, upon seven days written notice to the Owner and
Architect, terminate the Contract and recover from the Owner payment for Work properly executed and for all
materials or equipment not incorporated in the Work, but delivered and suitably stored at the site. The payment for
materials or equipment stored at the site shall be conditioned upon submission by the Contractor of bills of sale or
such other evidence as is satisfactory to the Owner to establish the Owner's title to such material or equipment or
otherwise protect the Owner's interest.”
14.1.1.4 Delete Subparagraph 14.1.1.4 without replacement
14.2 TERMINATION BY THE OWNER FOR CAUSE
14.2 Delete Paragraph 14.2 and replace with the following:
Ҥ 14.2 TERMINATION BY THE OWNER
If the Contractor is adjudged a bankrupt, or if the Contractor makes a general assignment for the benefit of the
Contractor's creditors, or if a receiver is appointed on account of the Contractor's insolvency, or if the Contractor
persistently or repeatedly refuses or fails, except in cases for which extension of time is provided, to supply enough
properly skilled workmen or proper materials, or if the Contractor fails to make prompt payment to Subcontractors or
for materials or labor, or persistently disregards laws, ordinances, rules, regulations or orders of any public authority
having jurisdiction or disregards an instruction, order or decision of the Architect, or otherwise is guilty of a
substantial violation of any provision of the Contract, then the Contractor shall be in default, and the Owner may,
without prejudice to any other right or remedy and upon written notice to the Contractor, exclude the Contractor from
the Project site, take possession of all materials, tools, appliances, equipment, construction equipment and
machinery and vehicles, offices and other facilities on the Project site, and all materials intended for the Work,
wherever stored, and, seven (7) days after such notice, may terminate the employment of the Contractor, accept
assignment of any or all subcontracts pursuant to subparagraph 5.4, and finish the Work by whatever method the
Owner may deem expedient. The Owner shall be entitled to collect from the Contractor all direct, indirect, and
consequential damages suffered by the Owner on account of the Contractor's default, including without limitation
additional services and expenses of the Architect made necessary thereby. The Owner shall be entitled to hold all
amounts due the Contractor at the date of termination until all of the Owner's damages have been established, and
to apply such amounts to such damages.”
14.2.1 Add the following Subparagraph 14.2.1:
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Ҥ 14.2.1 In addition, the Owner may terminate the Contract if the Contractor
.1 refuses or fails to supply enough properly skilled workers or proper materials;
.2 fails to make payment to Subcontractors for materials or labor in accordance with the respective agreements
between the Contractor and the Subcontractors;
.3 disregards applicable laws, statutes, ordinances, codes, rules and regulations, or lawful orders of a public
authority; or
.4 becomes the subject of a voluntary petition in bankruptcy or any voluntary proceeding related to insolvency,
receivership, liquidation or comparable proceeding or any assignment for the benefit of creditors or becomes
the subject of an involuntary petition in bankruptcy or any involuntary proceeding related to insolvency,
receivership, liquidation or comparable proceeding or any assignment for the benefit of creditors
.5 submits three successive Applications for Payment, each of which indicate that the actual Work completed is
less than 90 percent of the values estimated in the construction schedule (submitted by the Contractor
pursuant to Section 3.10.1) to be completed by the respective dates.”
14.2.4 Delete Subparagraph 14.2.4 and replace with the following:
Ҥ 14.2.4 If the unpaid balance of the Contract Sum exceeds costs of finishing the Work, including all costs and
losses incurred by the Owner on account of the Contractor’s failure to comply with the Contract Documents and
compensation for the Architect’s and Owner’s Project Manager’s services and expenses made necessary thereby,
and other damages incurred by the Owner and not expressly waived, such excess shall be paid to the Contractor. If
such costs and damages exceed the unpaid balance, the Contractor shall pay the difference to the Owner. The
Owner shall be entitled to hold all amounts due the Contractor at the date of termination until all of the Owner’s
damages have been established, and to apply such amounts to such damages.”
14.3.2 Delete the first sentence of Subparagraph 14.3.2 and replace with “The Contract Sum and Contract Time shall be
adjusted for increases in the cost and time caused by suspension, delay or interruption as described in Section
14.3.1, subject to compliance with the conditions of Section 8.3.”
14.4 TERMINATION BY THE OWNER FOR CONVENIENCE
14.4.3 Delete Subparaqraph 14.4.3 and replace with the following:
“§ 14.4.3 In the event that the Contract is terminated for the Owner’s convenience, the Contractor shall be
reimbursed in accordance with the Contract Documents for all Work properly performed up to the termination date,
and for all materials or equipment not incorporated in the Work but delivered and suitably stored at the site.
Payment for materials or equipment stored at the site shall be conditioned upon submission by the Contractor of bills
of sale or such other evidence as is satisfactory to the Owner to establish the Owner's title to such material or
equipment or otherwise protect the Owner's interest. The Contractor shall not be entitled to payment for overhead
and profit on the Work not executed.”
ARTICLE 15 CLAIMS AND DISPUTES
15.1 CLAIMS
15.1.1 Delete Subparagraph 15.1.1 and replace with the following:
Ҥ 15.1.1 DEFINITION
The word “Claim” shall mean a written demand by the Contractor for an increase in the Contract Time or the
Contract Sum. The Contractor is responsible for substantiating its Claims. The word “Claim” shall not include
claims by the Owner. The Owner may withhold from the Contractor the value of any claims against the Contractor in
accordance with Massachusetts General Laws, including, but not limited to, Sections 39G and 39K of Chapter 30.”
15.1.1.1 Add the following Subparagraph 15.1.1.1:
Ҥ 15.1.1.1 Claims arising prior to final payment or the earlier termination of the Contract, including those alleging an
error or omission by the Architect, shall be referred initially to the Initial Decision Maker for action as provided in
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paragraph 15.2. Any change or addition to a previously made Claim shall be made by timely written notice to the
Initial Decision Maker as provided in paragraph 15.2. Claims arising after final payment or the earlier termination of
The Contract shall not be subject to the provisions of paragraph 15.2.”
15.1.2 Delete Subparagraph 15.1.2 and replace with the following:
Ҥ 15.1.2 NOTICE OF CLAIMS
Contractor must initiate Claims within twenty (20) calendar days after occurrence of the event giving rise to such
Claim by written notice to the Architect and the Owner. Such written notice must (1) be signed by the Contractor; (2)
conspicuously identify on its face that the notice serves as a notice of claim; (3) explain in sufficient detail the basis
of the Claim; (4) identify the date of the event giving rise to such Claim; and (5) state the exact dollar amount of the
increase in the Contract Sum being requested, if any, and the number of days extension to the Contract Time
sought, if any.”
15.1.4 Delete Subparagraph 15.1.4 and replace with the following:
Ҥ 15.1.4 CLAIMS FOR ADDITIONAL COST
If the Contractor claims that any acts or omissions of the Owner, the Owner’s Project Manager or the Architect,
including any instructions or orders, whether oral, written, by Drawings, or otherwise, involve extra cost or time, and
the Contractor has not received a written acknowledgment by the Owner or Architect that extra payment will be
made or time extended on account thereof, the Contractor shall promptly so notify the Architect in writing of such
Claim and shall not proceed with the Work relating to such Claim until the Contractor has received a further written
order to proceed in accordance with paragraph 15.2 except, as provided in paragraph 10.4, in the case of an
emergency affecting life or property. No Claim by the Contractor on account of such acts, omissions, instructions or
orders shall be valid unless the Contractor has so notified the Architect, before proceeding, and has received the
further written order to proceed.”
15.1.5.1 Delete the second sentence of subparagraph 15.1.5.1 and replace with “The Contractor shall have the burden of
demonstrating the effect of the claimed delay on the Contract Time and shall furnish the Architect and the Owner’s
Project Manager with such documentation relating thereto as the Architect or the Owner’s Project Manager may
reasonably require. The progress Schedule in the Critical Path Method (CPM) format provided in accordance with
requirements of the Contract Documents, shall be used for determining the Contractor’s rights to an extension of
time under paragraph 8.4. The Architect and the Owner’s Project Manager will not be obligated to grant an
extension of time unless the Contractor can demonstrate that the critical path has been negatively affected for
reasons allowable under Paragraph 8.4. If requested to do so by the Architect or the Owner’s Project Manager the
Contractor shall furnish additional hard copy print-outs of revised CPM Progress Schedules reflecting actual or
estimated time changes resulting from change orders or other events or actions which are the basis for the Claim for
Additional Time.”
15.1.5.2 Delete Subparagraph 15.1.5.2 and replace with the following:
Ҥ15.1.5.2 No increase in Contract Time or claim for delay will be allowed for work which is delayed due to the failure
of the General Contractor to submit, revise or submit shop drawings, product data and samples in adequate time to
allow the Architect and the Owner’s Project Manager reasonable time, for nominal checking and processing of each
submission or resubmission, at least 14 days but no more than 21 days, depending upon the complexity of the
submittal.”
15.1.6 Delete Subparagraph 15.1.6 without replacement.
15.2 INITIAL DECISION
15.2.2 In the first sentence and after “and within” of subparagraph 15.2.2, delete “ten days” and replace with “twenty-one
days.”
15.2.4 Delete Subparagraph 15.2.4 and replace with the following:
Ҥ 15.2.4 If the Architect requests the Contractor to furnish additional supporting data in connection with a Claim, the
Contractor shall provide such data within ten (10) calendar days of such request. If the Contractor is of the opinion
that it is impossible to provide such data within such time, the Contractor shall notify the Architect of such opinion in
writing within such ten-day period. If the Architect determines that it is impossible for such data to be provided within
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such ten-day period through no fault of the Contractor, the Contractor shall provide such data within 30 calendar
days of the Architect’s request, unless the Architect fixes another date, in which case the data must be submitted by
the date so fixed. Failure of the Contractor to provide such data within the time prescribed herein shall result in the
irrevocable waiver of the Claim.”
15.2.5 Delete the last sentence and replace with the following: “The rejection of a claim by the Architect and any decisions
of the Owner with respect to the same, and the interpretations by the Architect of the plans, drawings and
specifications, shall be final and binding on the Contractor in accordance with Section 39J of Chapter 30 of the
Massachusetts General Laws.”
15.2.6 Delete Subparagraphs 15.2.6 and 15.2.6.1 without replacement.
15.2.6.1
15.2.8 Delete Subparagraph 15.2.8 without replacement.
15.3 MEDIATION
15.3 Delete Paragraph 15.3 and all Subparagraphs 15.3.1, 15.3.2, 15.3.3, and all other references to mediation in the
Contract. Disputes between the Owner and the Contractor shall be finally resolved in a court of competent
jurisdiction.
15.4 ARBITRATION
15.4 Delete Paragraph 15.4 and all Subparagraphs 15.4.1, 15.4.1.1, 15.4.2,15.4.3, 15.4.4, 15.4.4.1, 15.4.4.2, 15.4.4.3,
and all other references to arbitration in the Contract. Disputes between the Owner and the Contractor shall be
finally resolved in a court of competent jurisdiction.
15.5 WORK TO CONTINUE
15.5 - Add the following Subparagraphs 15.5, 15.6 and 15.7:
15.7
Ҥ 15.5 WORK TO CONTINUE
Unless ordered by the Owner to suspend all or any portion of the Work, the Contractor shall proceed with the
performance of the Work without any interruption or delay during the pendency of any of the foregoing dispute
resolution procedures. During the pendency of any of the foregoing dispute resolution procedures, the Owner shall
continue to make all payments that are not in dispute in accordance with the provisions of the Contract Documents.
The Contractor shall comply with any orders which the Owner may issue under the Contract Documents regarding
the performance, schedule, or acceleration of all or any portion of the Work in accordance with the terms of the
Contract.
§ 15.6 (Statuary Reference M.G.L. C.30 § 39P) In every case in which the Awarding Authority, any official, its
Architect or Engineer is required by these Contract Documents to make a decision or interpretation of the
specifications, approval of equipment, material or any other approval, or progress of work, the decision shall be
made promptly and, in any event, no later than thirty days after written submission for decision; but if such decision
requires extended investigation and study, the Awarding authority, the official, Architect or Engineer shall, within
thirty days after the receipt of the submission, give the party making submissions written notice of the reasons why
the decision cannot be made within the thirty day period and the date by which the decision shall be made
§ 15.7 (Statuary Reference M.G.L. C.30 § 39J) Notwithstanding any contrary provision of this Contract, no decision
by the Awarding Authority or by the Architect on a dispute, whether of fact or by law, arising under said contract shall
be final or conclusive if such decision is made in bad faith, fraudulently, capriciously, or arbitrarily, is unsupported by
substantial evidence or is based upon the error of law.”
ARTICLE 16 CONTRACTOR'S ACCOUNTING METHOD REQUIREMENTS
Article 16 Add the following Article 16 and Subparagraphs 16.1 through 16.5:
16.1 – 16.5
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“§ ARTICLE 16 CONTRACTOR'S ACCOUNTING METHOD REQUIREMENTS [M.G.L. c.30, §39R]
§ 16.1 The words defined herein shall have the meaning stated below whenever they appear in this Article 16:
§ 16.1.1 "Contractor" means the Contractor as defined in the Contract.
§ 16.1.2 "Contract" means this agreement.
§ 16.1.3 "Records" means books of original entry, accounts, checks, bank statements and all other banking
documents, correspondence, memoranda, invoices, computer printouts, tapes, discs, papers and other documents
or transcribed information of any type, whether expressed in ordinary or machine language.
§ 16.1.4 "Independent Certified Public Accountant" means a person duly registered in good standing and entitled to
practice as a certified public account under the laws of the place of its residence or principal office and who is in fact
independent. In determining whether an accountant is independent with respect to a particular person, appropriate
consideration should be given to all relationships between the accountant and that person or any affiliate thereof.
Determination of an accountant's independence shall not be confined to the relationships existing in connection with
the filing of reports with the Owner.
§ 16.1.5 "Audit," when used in regard to financial statements, means an examination of records by an independent
certified public accountant in accordance with generally accepted accounting principles and auditing standards for
the purpose of expressing a certified opinion thereon, or, in the alternative, a qualified opinion or a declination to
express an opinion for stated reasons.
§ 16.1.6 "Accountant's Report," when used in regard to financial statements, means a document in which an
independent certified public accountant indicates the scope of the audit which he has made and sets forth its
opinion regarding the financial statements taken as a whole with a listing of noted exceptions and qualifications, or
an assertion to the effect that an overall opinion cannot be expressed. When an overall opinion cannot be
expressed the reason therefor shall be stated. An accountant's report shall include as a part thereof a signed
statement by the responsible corporate officer attesting that management has fully disclosed all material facts to the
independent certified public accountant, and that the audited financial statement is a true and complete statement of
the financial condition of the Contractor.
§ 16.1.7 "Management," when used herein, means the chief executive officers, partners, principals, or other person
or persons primarily responsible for the financial and operational policies and practices of the Contractor.
§ 16.1.8 Accounting terms, unless otherwise defined herein, shall have a meaning in accordance with generally
accepted accounting principles and auditing standards.
§ 16.2 The following provisions shall apply to the Contract:
§ 16.2.1 The Contractor shall make, and keep for at least six years after final payment, books, records, and
accounts which in reasonable detail accurately and fairly reflect the transactions and dispositions of the Contractor.
§ 16.2.2 Until the expiration of six years after final payment, the Owner, office of inspector general, and the
commissioner of capital asset management and maintenance shall have the right to examine any books,
documents, papers or records of the Contractor or of its Subcontractors that directly pertain to, and involve
transactions relating to, the Contractor or its Subcontractors.
§ 16.2.3 The Contractor shall describe any change in the method of maintaining records or recording transactions
which materially affect any statements filed with the Owner, including in its description the date of the change and
reasons therefor, and shall accompany said description with a letter from the Contractor's independent certified
public accountant approving or otherwise commenting on the changes.
§ 16.2.4 The Contractor shall file a statement of management on internal accounting controls as set forth in
Paragraph 16.3 below prior to the execution of the Contract.
§ 16.2.5 The Contractor shall file prior to the execution of the Contract and will continue to file annually, an audited
financial statement for the most recent completed fiscal year as set forth in Paragraph 16.5 below.
§ 16.3 The Contractor shall file with the Owner a statement of management as to whether the system of internal
accounting controls of the Contractor and its subsidiaries reasonably assures that:
§ 16.3.1 Transactions are executed in accordance with management's general and specific authorization;
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§ 16.3.2 Transactions are recorded as necessary:
.1 to permit preparation of financial statements in conformity with generally accepted accounting principles, and
.2 to maintain accountability for assets;
§ 16.3.3 Access to assets is permitted only in accordance with management's general or specific authorization; and
§ 16.3.4 The recorded accountability for assets is compared with the existing assets at reasonable intervals and
appropriate action was taken with respect to any difference.
§ 16.4 The Contractor shall also file with the Owner a statement prepared and signed by an independent certified
public accountant, stating that he has examined the statement of management on internal accounting controls, and
expressing an opinion as to:
§ 16.4.1 Whether the representations of management in response to this Paragraph and Paragraph 16.2 above are
consistent with the result of management's evaluation of the system of internal accounting controls; and
§ 16.4.2 Whether such representations of management are, in addition, reasonable with respect to transactions and
assets in amounts which would be material when measured in relation to the applicant's financial statements.
§ 16.5 The Contractor shall annually file with the commissioner of capital asset management and maintenance
during the term of the Contract a financial statement prepared by an independent certified public accountant on the
basis of an audit by such accountant. The final statement filed shall include the date of final payment. All
statements shall be accompanied by an accountant's report.”
ARTICLE 17 MASSACHUSETTS SCHOOL BUILDING AUTHORITY REQUIREMENTS
ARTICLE 17 -Add the following Article 17 and Paragraphs 17.1 through 17.3:
17.1 – 17.3
Ҥ ARTICLE 17 MASSACHUSETTS SCHOOL BUILDING AUTHORITY REQUIREMENTS
§ 17.1 The Contract for Construction is issued pursuant to a Project Funding Agreement between Owner and the
Massachusetts School Building Authority under Massachusetts General Laws Chapter 70B and 960 CMR 2.00.
§ 17.2 Contractor acknowledges having received a copy of the Project Funding Agreement and agrees to comply
with the terms thereof that are applicable to Contractor including, but not limited to the requirements of Section 16
for indemnification of the Massachusetts School Building Authority by the Contractor.
§ 17.3 Contractor agrees to comply with any and all conditions or requirements established by the Massachusetts
School Building Authority through the Project Funding Agreement, or otherwise, at Contractor’s sole cost and
expense.”
END OF SUPPLEMENTARY GENERAL CONDITIONS
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