abatement & demolition of headquarters 114 terrace … station 2_ifb_ demo... · 114 terrace...

Project # 17C-220-0041

Burlington Fire Station Demolition

HEADQUARTERS

Abatement & Demolition of 114 Terrace Hall Ave

Fire Station 2

Burlington, MA

June 14, 2017

Prepared by:

68 Harrison Ave. 5th Floor

Boston, MA 02111

Chris Logan – Project Manager

Jeff Shaw – Principal

Civil Engineers: Howard Stein Hudson, Engineers and Planners

11 Beacon Street, 10th Floor, Suite 1010, Boston, MA 02108

Structural Engineers: Becker Structural Engineers, Inc.

75 York Street, Portland, ME 04101

Mechanical, Plumbing, FP, and Electrical Engineers: Garcia Galuska DeSousa Consulting Engineers, Inc.

370 Faunce Corner Road, Dartmouth, MA 02747

Project # 17C-220-0041

Burlington Fire Station Demolition

HEADQUARTERS

PROCUREMENT AND CONTRACTING DOCUMENTS GROUP

DIVISION 00 - PROCUREMENT AND CONTRACTING REQUIREMENTS

TITLE PAGE 1

TABLE OF CONTENTS 5

LIST OF DRAWINGS 2

ADVERTISEMENT 2

INSTRUCTIONS TO BIDDERS 6

FORM FOR GENERAL BID 2

UNIT PRICE PROPOSAL SHEET 1

FORM FOR SUB-BID 2

FORM OF BID BOND 1

STANDARD FOR OF AGREEMENT BETWEEN OWNER AND CONTRACTOR 20

(AIA Doc. A107, 2007 Ed.)

CERTIFICATE OF VOTE OF AUTHORIZATION 1

PERFORMANCE BOND 1

PAYMENT BOND 2

FORM OF SUBCONTRACT 1

SUBCONTRACTOR’S PERFORMANCE AND PAYMENT BOND 1

GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION (AIA Doc. A201,

2007 Ed.)

38

SUPPLEMENTARY CONDITIONS 34

SPECIFICATIONS GROUP

General Requirements Subgroup

DIVISION 01 - GENERAL REQUIREMENTS

011000 SUMMARY 5

012200 UNIT PRICES 2

012200 UNIT PRICE PROPOSAL SHEET 1

012300 ALTERNATES 2

012500 SUBSTITUTION PROCEDURES / REQUEST FOR SUBSTITUTION FORM 5

012600 CONTRACT MODIFICATION PROCEDURES 2

012900 PAYMENT PROCEDURES 4

012901 LABOR REQUIREMENTS 35

013100 PROJECT MANAGEMENT AND COORDINATION 6

013200 CONSTRUCTION PROGRESS DOCUMENTATION 6

013300 SUBMITTAL PROCEDURES 8

014000 QUALITY REQUIREMENTS 7

014200 REFERENCES 7

015000 TEMPORARY FACILITIES AND CONTROLS 7

016000 PRODUCT REQUIREMENTS 4

Project#17C-220-0041 Burlington Fire Station Demolition

ADVERTISEMENT Page 1

017300 EXECUTION 7

017329 CUTTING AND PATCHING 4

017700 CLOSEOUT PROCEDURES 5

017800 ABBREVIATIONS 4

017823 OPERATION AND MAINTENANCE DATA 7

017839 PROJECT RECORD DOCUMENTS 4

017900 DEMONSTRATION AND TRAINING 5

DIVISION 01 - GENERAL REQUIREMENTS

011000 SUMMARY 4

012901 LABOR REGULATIONS 2

013216 PROJECT SCHEDULE 3

013543 ENVIRONMENTAL PROCEDURES 2

017700 PROJECT CLOSEOUT 3

DIVISION 2 – EXISTING CONDITIONS

0210000 SITE PREPARATION 5

0220000 DEMOLITION OF BUILDINGS AND UTILITIES 4

0260000 MISCELLANEOUS HAZARDOUS MATERIALS REMOVAL 7

0282000 ASBESTOS REMOVAL 11

0283000 LEAD PAINT COMPLIANCE 15

END OF TABLE OF CONTENTS

L I S T O F D R A W I N G S D1.1 SITE DEMOLITION PLAN



ADVERTISEMENT

The Town of Burlington Massachusetts, the Awarding Authority, invites sealed bids from Contractors for

construction of the Demolition of Fire Station 2 at 114 Terrace Hall Ave, in Burlington, MA in accordance with

documents prepared by Context Architecture Inc., 68 Harrison Ave, Boston, MA 02111.

The Project construction consists of, but is not limited to the following: Hazardous building materials removal and

disposal, utility disconnects, environmental and erosion control, building demolition and disposal work as

described in the Contract Documents. The work is estimated to cost $250,000.00.

General Bidders must be certified by the Division of Capital Asset Management and Maintenance (DCAMM) in

the following category of work: General Building Construction.

General Bids will be received until 1:00 P.M., Thursday, June 29, 2017 and publicly opened, forthwith, at the Town

of Burlington, Office of the Town Administrator 29 Center Street, Burlington, MA 01803. Late bids will not be

accepted.

There are no Filed Sub-Bidders anticipated for this award.

FILED SUB-BID SUBTRADES: NONE

All Bids should be mailed or brought to the Town of Burlington, Office of the Town Administrator Building, 29

Center Street, Burlington, MA 01803 and received no later than the date and time specified above. General bids

and sub-bids shall be accompanied by a Bid Deposit that is not less than five (5%) of the greatest possible Bid

amount (including all alternates), and made payable to the Town of Burlington. Bids are subject to M.G.L. c.149,

sections 44A-44J and to minimum wage rates as required by M.G.L. c.149, sections 26 to 27H inclusive.



Bid Forms and Contract Documents will be available for pick up from Cardinal Construction Inc., 10 East Worcester

Street, Worcester, MA 01604 by contacting Anthony DiLuzio at [email protected] or calling 508-831-

4777 on or after June 14, 2017. Bidders requesting hardcopies will be subject to a plan deposit of $100.00 per set payable to

the Town of Burlington. The deposit will be refunded for up to two sets per Bidder upon return of the sets in good

condition within thirty days of receipt of general bids. Otherwise the deposit shall become the property of the Awarding

Authority.

Bidders requesting Contract Documents to be mailed to them shall include a separate certified or cashier’s check for $40.00 per set for UPS Ground (or $65.00 per set for UPS overnight), payable to Nashoba Blue, Inc. to cover mailing and handling costs.

A Pre-Bid Conference will be held on Tuesday, June 20, 2017 at 10:00 A.M. at Burlington Fire Station 2 located at 114

Terrace Hall Ave, Burlington, MA.

The Contract Documents may be seen, but not removed at: Context Architecture, Inc., Burlington Town Hall 2nd

Floor, 29 Center Street, Town Administrator’s Office and on the Town’s website by visiting

http://www.burlington.org/businesstest/bids_and_purchasing_docs.php

Board of Selectmen

Town of Burlington

mailto:[email protected]

Project #17C-220-0041 BURLINGTON FIRE STATION DEMOLITION

HEADQUARTERS

Instructions to Bidders Page 4

INSTRUCTIONS TO

BIDDERS

ARTICLE 1 - BIDDER'S REPRESENTATION

1.1 Each General Bidder (hereinafter called the "Bidder") by making a bid or sub-bid (hereinafter called "bid)

represents that:

1. The Bidder has carefully read and understands the Contract Documents and the bid

is made in accordance therewith.

2. The Bidder has visited the site and is familiar with the local conditions under which the Work has to be

performed.

1.2 Failure to so examine the Contract Documents and site will not relieve any Bidder from any obligation under the

bid as submitted.

ARTICLE 2 - GENERAL AND SUB-BIDDER QUALIFICATIONS

2.1 General bids and sub-bids shall be submitted with the following:

1. A Certificate of Eligibility issued by the Division of Capital Asset Management (DCAM), DCAM Form

CQ7 showing that the Bidder has been approved to bid on projects the size and nature of this project;

and

2. A Contractor Update Statement, DCAM Form CQ3.

2.2 It is the Bidder's responsibility to obtain the necessary forms from DCAM and make application in sufficient time

for evaluation of the application and issuance of a Certificate of Eligibility prior to bid.

2.3 The Contractor Update Statement is not a public record as defined in M.G.L. c.4, §7 and will not be open to public

inspection.

ARTICLE 3 – MBE/WBE REQUIREMENTS (Not Required)

ARTICLE 4 - REQUESTS FOR INTERPRETATION

4.1 By submitting a Bid, the Bidder agrees and warrants that he has carefully examined the site and the Contract

Documents, that he is familiar with the conditions and requirements of both and of the conditions and

requirements reasonably inferable therefrom, and where they require, in any part of the work, a given result to be

produced, that the Contract Documents are adequate and that he will produce the required result.

4.2 Bidders shall promptly notify the Architect of any ambiguity, inconsistency or error which they may discover

upon examination of the Contract Documents, the site, local conditions or information reasonably inferable

therefrom. No claims for additional costs will be considered for such ambiguity, inconsistency or error if

discovered or inferable from the Contract Documents or existing conditions of the Project prior to submission of

Bid.

4.3 Bidders requiring clarification or interpretation of the Contract Documents shall make a written request to the

Architect:

Chris Logan – Project Manager

Context Architecture

68 Harrison Ave Boston MA 02111

[email protected]


HEADQUARTERS


The Architect will answer such requests if received seven (7) calendar days before the date for receipt of the bids

if a written response is deemed necessary.

4.4 Interpretation, correction, or change in the Contract Documents will be made by Addendum which will become

part of the Contract Documents. Neither the Awarding Authority nor the Architect will be held accountable for

any oral instructions.

4.5 Addenda will be faxed or mailed by the Architect by U.S. Postal Service, or emailed, to every individual or firm

on record as having taken a set of Contract Documents or otherwise having requested receipt of Addenda.” This

covers any potential bidders that obtain a copy of the Contract Documents from the Town website.

4.6 Failure of the Awarding Authority to send, or of any Bidder to receive, any such interpretation shall not relieve

the Bidder from any obligations under his bid as submitted and all Addenda or interpretations shall become part of

the Contract as is fully written therein.

4.7 Copies of Addenda will be made available for inspection at the Architect's Office and the locations listed in the

Advertisement where Contract Documents are on file.

ARTICLE 5 - PREPARATION AND SUBMISSION OF BIDS

5.1 Bids shall be submitted on the "Form for General Bid", or the "Form for Sub-Bid", as appropriate, furnished at no

cost by the Awarding Authority. The forms enclosed in the Project Manual shall not be extracted or used.

Additional forms are available on the Town’s website.

5.2 All entries on the Bid Form shall be made by typewriter or in ink.

5.3 Where so indicated on the Bid Form, sums shall be expressed in both words and figures. Where there is a

discrepancy between the bid sum expressed in words and the bid sum expressed in figures, the words shall

control.

5.4 If the requirement of Performance and Payment Bonds for filed sub-contractors is left blank by the General

Bidder on the Form for General Bid, the Awarding Authority shall interpret this as a "yes". No increase in

contract price will be allowed for providing these Bonds.

5.5 Costs for Subcontractor's bond premiums shall be paid for by the General Contractor in accordance with M.G.L.

c.149, §44F.

5.6 If the General Bidders are instructed to carry an amount for a given sub-trade listed under Item 2, General Bidders

shall list the sub-trade, and amount provided by the Awarding Authority. The line under bonds required on the

General Bid Form should be left blank or marked N/A in order for subparagraph 5.6.1(b) to be applicable.

5.6.1 Upon solicitation of a Subcontractor to perform the work required by the sub-trade as mentioned in

subparagraph 5.6, the General Bidder's contract amount will be adjusted as follows:

(a) The difference between the subcontract amount and the amount carried in the bid.

(b) The total cost of the subcontractor's bonds, if the General Contractor requires such bonds after the

solicitation is completed and if the General Contractor complied with 5.6 above, and

(c) The costs for the General Contractor's Bonds on account of the incremental difference between the amount

carried and the actual solicited subcontract amount.

5.6.2 Overhead and profit for supervision of the sub-trade in question shall be included by all General Bidders in Item

1 of the Form for General Bid. Additional overhead and profit is not allowed on the incremental difference as

stated in M.G.L. c149, §44F(4)(a)(2).



5.7 Bid Deposits shall be:

- at least five percent (5%) of the greatest possible bid amount, considering all

Alternates; made payable to the Town of Burlington and

- in the form of:

- certified check, treasurer's or cashier's check issued by a responsible bank or trust company

- a bid bond issued by a surety company licensed to do business in the Commonwealth of Massachusetts and listed in U.S. Treasury Circular 570.

- and shall be conditioned upon faithful performance by the principal of the agreements contained in the bid.

Bid deposits of the three (3) lowest responsible and eligible General Bidders and bid deposits of the lowest

responsible and eligible Sub-Bidders, in each trade, shall be retained until the execution and delivery of the

Owner/Contractor Agreement.

5.8 The sub-bid, including the bid deposit DCAMM Certificate of Eligibility (CQ7), shall be enclosed in a sealed

envelope with the following plainly marked on the outside:

Certificate of Eligibility FILED SUB-BID FOR:

- Name of Project

- Sub-Bid Section Number

- Trade

- Sub-Bidder's Name, Business Address, Fax and Phone Number

- The Update Statement (CQ3) shall be in a separate envelope plainly marked on the outside

Update Statement FILED SUB-BID FOR

- -Name of Project

- -Sub-Bid Section Number

- -Trade

- -Sub-Bidder’s Name, Business Address, Fax and Phone number

5.9 The General Bid, including the bid deposit, DCAMM Certificate of Eligibility (CQ7) shall be enclosed in a

sealed envelope with the following plainly marked on the outside:

GENERAL BID FOR:

- Name of Project

- Bidder's Name, Business Address, Fax and Phone Number

The Update Statement (CQ3) shall be in a separate envelope plainly marked on the outside:

- Name of Project

- Bidder’s Name, Business Address, Fax and Phone Number

Faxed and emailed submittals will not be accepted.

5.10 Date and Time for receipt of bids is set forth in the "Advertisement".

5.11 Timely delivery of a bid to the location designated shall be the full responsibility of the Bidder.

ARTICLE 6 - ALTERNATES

6.1 Each Bidder shall acknowledge Alternates in Section C of the Form for General Bid by entering the dollar

amount of addition or subtraction necessitated by each listed Alternate.

6.2 In the event an Alternate does not involve a change in the amount of the Base Bid, the Bidder shall so

indicated by writing "No Change" or "N/C" or "0" in the space provided for that Alternate. DO NOT LEAVE



THIS SPACE BLANK. Leaving this space blank will be considered “not responsible”

6.3 Sub-Bidders shall enter on the Form for Sub-Bid the amount of addition or subtraction necessitated by

the Alternate, which pertains to the work of that trade. If the Alternate does not involve a change in the

bid amount so indicate by writing "No Change" "N/C" or "0".

If the Alternate does not affect your category of work so indicate by writing "N/A".

6.4 General Bidders shall enter on the Form for General Bid a single amount for each Alternate, which shall

consist of the Sub-Bidders' amounts and the amount for work performed by the General Contractor.

6.5 The low Bidder will be determined on the basis of the sum of the Base Bid and the accepted Alternates.

ARTICLE 7 - WITHDRAWAL OF BIDS

7.1 Before Opening of Bids

7.1.1 Any Bid may be withdrawn prior to the time designated for receipt of bids upon written request. Withdrawal

of Bids must be confirmed over the Bidder's signature by written notice post-marked or sent by facsimile on

or before the date and time set for receipt of Bids.

7.1.2 Withdrawn bids may be resubmitted up to the time designated for the receipt of bids.

7.2 After Opening of Bids

7.2.1 Bidders may withdraw a bid at any time up to the time of Award as defined in Paragraph 8.1 upon

demonstrating, to the satisfaction of the Awarding Authority, that a bona fide clerical error was made during

the preparation of the bid. Failure to conclusively demonstrate a bona fide clerical error may result in

forfeiture of the bid deposit.

ARTICLE 8 - CONTRACT AWARD

8.1 Award means both the determination and selection of the lowest responsible and eligible Bidder, by the

Awarding Authority vote.

8.2 The Awarding Authority will award the contract to the lowest responsible and eligible bidder within thirty

days, Saturdays, Sundays, and legal holidays excluded, after the opening of bids in accordance with M.G.L.

c.149, §44A.

8.3 The award of this Contract is not subject to any other Agency review or approval.

8.4 The Awarding Authority reserves the right to waive any informalities in or to reject any or all Bids if it be in

the public interest to do so.

8.5 The Awarding Authority also reserves the right to reject any sub-bid if it determines that such sub-bid does

not represent the bid of a person competent to perform the work as specified, or if less than three sub-bids

are received for a sub-trade, or if bid prices are not reasonable for acceptance without further competition.

8.6 The Contract will be awarded to the lowest responsible and eligible Bidder, except in the event of substitution

as provided under M.G.L. c149, §44E and 44F, in which cases the procedure as required by said sections shall

govern the award of the Contract.

8.7 As used herein, the term "lowest responsible and eligible Bidder" shall mean the General Bidder whose bid is

the lowest of those Bidders, demonstrably possessing the skill, ability and integrity necessary for the faithful

performance of the work, and who meets the requirements for Bidders set forth in M.G.L. c.149, §44A-44J and

not debarred from bidding under M.G.L. c.149, §44C; and who shall certify that they are able to furnish labor

that can work in harmony with all other elements of labor employed or to be employed on the work.



ARTICLE 9 - FORMS REQUIRED AT CONTRACT APPROVAL

9.1 When submitting the bid documents, the General Bidder shall complete the following forms to ensure prompt

contract validation. These forms will be provided to the General Contractor by the Awarding Authority. Submit

three (3) originals of each.

9.1.1 Owner/Contractor Agreement and Form of Corporate Vote.

9.1.2 Form of Performance Bond and Form of Payment Bond must be submitted by the General Contractor on the

supplied form, in accordance with Article 11 of the General Conditions. The dates of the bonds must

coincide with the Contract date, and a current Power-of-Attorney must be attached to each bond.

9.1.3 Performance and Payment Bonds must also be submitted for all Filed Subcontractors, if required by the General

Contractor on its Form for General Bid, in the total amount of the subcontract payable to the General

Contractor.

9.1.4 Insurance Certificates for the General Contractor and all Filed Subcontractors are required and must be

submitted in accordance with Article 11 of the General Conditions.

9.1.5 Statement of Management on Internal Accounting Controls and a Statement prepared by a CPA expressing an

opinion on the state of management controls, as required by M.G.L. c30, §39R, if not otherwise on file with the

Division of Capital Asset Management.

.1 This applies to all General Contractors; and applies to any contracts of $100,000. or more.

ARTICLE 10 - CONTRACT VALIDATION

10.1 The Owner-Contractor Agreement shall not be valid until signed by the Chairman of the Board of Selectmen or

its Designee.

.

10.2 The Notice-To-Proceed for construction shall not be issued until the Owner/Contractor Agreement has been validated by the Board of Selectmen or its Designee.

ARTICLE 11 - TIME OF COMPLETION

11.1 The Contractor shall commence work under this Contract on the date specified in the written "Notice to

Proceed" and shall bring the Work to Substantial Completion within Ninety (90) calendar days of said date.

Damages for delays in the performance of the Work shall be in accordance with Article 9 of the General

Conditions of the Contract.

11.2 Bid Award, Contract execution and Notice to Proceed are expected to occur in July 2017. On-Site

mobilization is expected to occur immediately.

ARTICLE 12 - PRE-BID MEETING

12.1 A Pre-Bid Meeting will begin at the time, date and location stated in the Advertisement. Attendance is strongly

recommended.

12.2 All General and Filed Sub-Bidders shall review the Contract Documents and visit the site to ascertain the

existing conditions of the work prior to submission of their Bid and shall be responsible for said conditions

within their Bids.

ARTICLE 13 - CONDITION OF THE SITE AND PROJECT DOCUMENTS

A. All bidders shall visit the site and thoroughly examine all Contract Documents, checking the requirements

of the Drawings and Specifications with the existing conditions, before submitting a bid. All bidders shall



inspect and be thoroughly familiar with same and conditions under which work will be carried out. Neither

the Owner nor the Architect will be responsible for errors, omissions and/or charges for extra work arising

from General or a Subcontractor's failure to familiarize themselves with Contract Documents or existing

conditions. By submitting a Bid, the bidder agrees and warrants that he has examined the site and the

Contract Documents, that he is familiar with the conditions and requirements of both and the conditions

and requirements reasonably inferable therefrom and where they require, in any part of the work, a given

result to be produced that the Contract Documents are adequate and that he will produce the required result.

ARTICLE 14 – COMMONWEALTH OF MASSACHUSETTS REQUIREMENTS

A. Attention is directed to Chapters 30 and 149 of the General Laws and Amendments thereto regulating

competitive bidding in the award of contracts for public building projects, and the selection of sub-bidders,

which, by this reference, become a part of these Instructions to Bidders, and to all other statutory and other

pertinent law applicable thereto.

END


FORM FOR GENERAL BID 1 of 2

FORM FOR GENERAL BID

TO THE AWARDING AUTHORITY

A. The undersigned proposes to furnish all labor and materials required for Fire Station Demolition in Burlington, MA in

accordance with Contract Documents and plans prepared by: Context Architecture, Inc., Boston, MA for the Contract Price

specified below, subject to additions and deductions according to the terms of the specifications.

B. This Bid includes Addenda number(s) .

C. The proposed Contract Price is:

Dollars

(Bid Amount in Words) (Bid Amount in Numbers)

For Alternate

No. Add $ Subtract $



Bidders MUST respond to each Alternate item. If an Alternate does not involve a change in Contract Price, Bidder

MUST identify by writing “No Change”, or “N/C” , or “N/A”, or “0” in the line provided for that Alternate. Failure

to acknowledge every Alternate shall require rejection of Bid.

D. The subdivision of the proposed contract price is as follows:

ITEM 1. The work of the general contractor, being all work other than that covered by ITEM 2.

TOTAL OF ITEM 1 ............................................................................... $ .

ITEM 2. Sub-bids as follows:

Section NO./Sub-Trade Name of Sub-Bidder Amount Bonds Required

indicated by

YES or NO

TOTAL OF ITEM 2 $


FORM FOR GENERAL BID 2 of 2

The undersigned agrees that each of the above named sub-bidders will be used for the work indicated at the amount stated, unless a

substitution is made. The undersigned further agrees to pay the premiums for the Performance and Payment Bonds furnished by sub-

bidders as requested herein and that all of the cost of all such premiums is included in the amount set forth in Item 1 of this Bid.

The Undersigned agrees that, if he is selected as General Contractor, he will promptly confer with the Awarding Authority on

the question of sub-bidders; and that the Awarding Authority may substitute for any sub-bid listed above a sub-bid filed with

the Awarding Authority by another sub-bidder for the sub-trade against whose standing and ability the undersigned makes no

objection; and that the undersigned will use all such finally selected sub- bidders at the amounts named in their respective sub-

bids and be in every way as responsible for them and their work as if they had been originally named in this general bid, the

total contract price being adjusted to conform thereto.

E. The undersigned agrees that, if selected General Contractor, he will within five days, Saturdays, Sundays and legal holidays

excluded, after presentation thereof by the Awarding Authority, execute a Contract in accordance with the terms of this Bid and

furnish a Performance Bond and also a Labor and Materials or Payment Bond, each of a Surety company qualified to do

business under the laws of the Commonwealth and satisfactory to the Awarding Authority and each in the sum of the Contract

price, the premiums for which are to be paid by the General Contractor and are included in the Contract price, provided, however,

that if there is more than 1 surety company, the surety companies shall be jointly and severally liable.

The Undersigned hereby certifies that he is able to furnish labor that can work in harmony with all other elements of labor

employed or to be employed on the Work; that all employees to be employed at the worksite will have successfully completed

a course in construction safety and health approved by the United States Occupational Safety and Health Administration that is

at least 10 hours in duration at the time the employee begins work and shall furnish documentation of successful completion of

said course with the first certified payroll report for each employee; and that he will comply with all laws and regulations

applicable to awards made subject to Section 44A.

The Undersigned hereby certifies, under penalties of perjury, that the Bidder has complied with all Laws of the Commonwealth

relating to taxes, reporting and employees and Contractors, and withholding and remitting child support.

The Undersigned further certifies under the penalties of perjury that this Bid is in all respects bona fide, fair and made without

collusion or fraud with any other person. As used in this subsection the word "person" shall mean natural person, joint venture,

partnership, corporation or other business or legal entity. The Undersigned further certifies under penalty of perjury that the

said undersigned is not presently debarred from doing public construction work in the Commonwealth of Massachusetts under

the provisions of section twenty-nine F of chapter twenty-nine, or any other applicable debarment provisions of any other chapter

of the General Laws or any rule or regulation promulgated thereunder.

NOTE: Bidders must also complete the Unit Price Proposal Sheet and submit with their bids.

By:

Name of General Bidder Date

Signature & Title of Person Signing Bid

Business Address

Corporate Seal, If Applicable City and State Zip Code

Note: If the Bidder is a corporation, indicate State of incorporation under signature, and affix corporate seal; if a partnership, give

full names and residential addresses of all partners, and if an individual, give residential address if different from business

address.


BURLINGTON FIRE STATION

DEMOLITION BURLINGTON, MA

UNIT PRICE PROPOSAL SHEET

DIVISION 31 – EARTHWORK

DIVISION 32 – EXTERIOR

IMPROVEMENTS

A. The following Unit Prices as defined in the Specifications are designated for items of work on the basis of

quantities verified by the Owner’s Representative / Project Manager and Architect. These Unit Prices will be

used to add to or deduct from the Contract Price, depending on the actual amount of Unit Price work found

necessary and authorized by Change Order.

SECTION / DESCRIPTION UNIT

MEASURE

UNIT PRICE

DOLLARS/

CENTS

1. 312000 – Earth Moving/ Unsatisfactory Soils Per CU. YD. $

2. 329199 – Topsoil Per CU. YD. $

3. 321216 – Asphalt Pavement Per Ea. 10 SQ. FT. UNIT $ _______________

B. Contractor shall complete Unit Price Dollars/Cents for each Unit Price listed above.

C. The Unit Prices as requested herein shall include their pro-rata share of all costs for overhead, profit, bond,

labor, materials and all other work incidental thereto.

D. Any Unit Price proposal that contains a Unit Price which is unduly high or low may be rejected as unbalanced,

and thereby affect the total bid price or cost of this Contract.

NOTE: ATTACH THIS FORM TO END OF FORM FOR GENERAL BID

UNIT PRICE PROPOSAL SHEET – GENERAL BID FORM 1

FORM FOR SUB-BID

TO ALL GENERAL BIDDERS EXCEPT THOSE EXCLUDED:

A. The undersigned proposes to furnish all labor and materials required for completing, in accordance with the hereinafter described plans, specifications and addenda, all the work specified in Division/Section No.(*) of the specifications and in any plans specified in such section, prepared by: Context Architecture for Fire Station 2 Town of Burlington in Burlington, Massachusetts, for the Contract Sum

of dollars ($ ). Bid Amount in Words Bid Amount in Dollars

For Alternate No.

;

AD

D

$

SUBTRACT

$

; $ $

Bidders MUST respond to each Alternate bid. If an Alternate does not involve a change in Contract Price, Bidder MUST identify by writing

“No Change”, or “N/C” , or “N/A”, or “0” in the line provided for that Alternate. Failure to acknowledge every Alternate shall require rejection of

Bid.

(*) SUB-BIDDER shall identify the following Division No.'s & Trades for the following specified Filed Sub-Bid Work:

DIV. 21 – Fire Protection; Division 22 – Plumbing; Division 23 – HVAC; Division 26 - Electrical

ALL OTHER SUB-BIDDERS SHALL IDENTIFY THE INDIVIDUAL FILED SUB-BID SPECIFICATION

SECTION NUMBER.

B. This Sub-bid includes Addenda number(s) .

C. This Sub-bid

D may be used by any general bidder except:

D may only be used by the following general bidders:

[To exclude General bidders, insert "X" in one box only and fill in blank following that box. Do not answer C if no

General bidders are excluded.]

D. The undersigned agrees that, if selected as a sub-bidder, he will, within five days, Saturdays, Sundays and legal holidays excluded, after presentation of a subcontract by the general bidder selected as the General Contractor, execute with such general bidder a subcontract in accordance with the terms of this sub-bid, and contingent upon the execution of the general contract, and, if requested to do so in the general bid by such general bidder, who shall pay the premiums therefor, or if prequalification is required pursuant to section 44D3/4, furnish a Performance and Payment Bond of a Surety company qualified to do business under the laws of the Commonwealth and satisfactory to the Awarding Authority, in the full sum of the subcontract price.

E. The names of all persons, firms and corporations furnishing to the undersigned labor or labor and materials for the class or classes or part thereof of work for which the provisions of the section of the specifications for this sub-trade require a listing in this paragraph, including the undersigned if customarily furnished by persons on his own payroll and in the absence of a contrary provision in the specifications, the name of each such class of work or part thereto and the bid price for such class of work or part thereof are:

SUB-TRADE BUSINESS NAME CLASS OF WORK BID PRICE $ $ $

$

[All Sub-Trade categories listed in the individual Filed Sub-Bid Specifications must be listed or rejection of Bid will result] [Do not give bid price for any class or part thereof furnished by the undersigned].

FORM FOR SUB-BID 1 of 2

F. The undersigned agrees that the above list of bids to the undersigned represents bona fide bids based on hereinbefore described Plans, Specifications and Addenda, and that, if the undersigned is awarded the contract, they will be used for the work indicated at the amounts stated, if satisfactory to the Awarding Authority.

G. The undersigned further agrees to be bound to the General Contractor by the terms of the hereinbefore described Plans, Specifications (including all General Conditions stated therein) and Addenda, and to assume toward him all the obligations and responsibilities that the contractor, by those documents, assumes toward the owner.

H. The undersigned offers the following information as evidence of its qualifications to perform the work as bid upon according to all the requirements of the plans and specifications:

1. Have been in business under present business name for years. 2. Ever failed to complete any work awarded? 3. List one or more recent buildings with names of General Contractor and Architect on which you served as

subcontractor for work of similar character as required for the above-named building.

BUILDING TYPE ARCHITECT GENERAL CONTRACTOR

CONTRACT AMOUNT

$

$

$

4. Bank Reference

I. The undersigned hereby certifies that it is able to furnish labor that can work in harmony with all other elements of labor employed or to be employed on the work; that all employees to be employed at the worksite will have successfully completed a course in construction safety and health approved by the United States Occupational Safety and Health Administration that is at least 10 hours in duration at the time the employee begins work and shall furnish documentation of successful completion of said course with the first certified payroll report for each employee; and that it will comply fully with all laws and regulations applicable to awards of subcontracts subject to section 44F.

The Undersigned hereby certifies, under penalties of perjury, that the Sub-bidder has complied with all Laws of the Commonwealth relating to taxes, reporting and employees and Contractors, and withhold and remitting child support.

The Undersigned further certifies under the penalties of perjury that this Sub-Bid is in all respects bona fide, fair and made without collusion or fraud with any other person. As used in this subsection the word "person" shall mean natural person, joint venture, partnership, corporation or other business or legal entity. The Undersigned further certifies under penalty of perjury that the said undersigned is not presently debarred from doing public construction work in the Commonwealth of Massachusetts under the provisions of section twenty-nine F of chapter twenty-nine, or any other applicable debarment provisions of any other chapter of the General Laws or any rule or regulation promulgated thereunder.

Date:

(Name of Sub-Bidder)

By: By

(Signature & Title of person signing bid)

(Business Address)

(City, State and Zip Code)

Note: If the bidder is a corporation, indicate state of incorporation under signature, and affix corporate seal; if a partnership, give full residential address if different from business address.

Corporate Seal, If Applicable

FORM FOR SUB-BID

2 of 2

Project #17C-220-0041

BURLINGTON FIRE STATION DEMOLITION

FORM OF BID BOND

KNOW ALL MEN BY THESE PRESENTS, that we the undersigned,

, as PRINCIPAL, and

, as SURETY, are

held and firmly bound unto the Town of Burlington, Massachusetts, in the penal sum of FIVE PERCENT of the

attached bid, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors,

administrators, successors and assigns, jointly and severally, firmly by these presents.

THE CONDITIONS OF THIS OBLIGATION IS SUCH, that whereas the Principal has submitted the accompanying

bid, dated 2017, for the

BURLINGTON FIRE STATION 2 DEMOLITION, Burlington, MA

NOW, THEREFORE, if the Principal shall not withdraw said bid within thirty (30) days, Saturdays, Sundays, and legal

holidays excluded, after the said opening, and shall within the period specified therefore enter into a written contract with

the Town of Burlington in accordance with the bid as accepted, and give bond with good and sufficient surety or sureties,

as may be required, for the faithful performance and proper fulfillment of such contract; or in the event of the withdrawal

of said bid within the period specified, or the failure to enter into such contract and give such bond within the time specified,

if the Principal shall pay the Authority the difference between the amount specified in said bid and the amount for which

the Town of Burlington may procure the required work up to the amount of this bond, then the above obligation shall be

void and of no effect, otherwise to remain in full force and virtue.

IN WITNESS WHEREOF, the above-bound parties have executed this instrument under their several seals this

day of , 2017, the name and corporation seal of each corporate

party being hereto affixed and these presents duly signed by its undersigned representative, pursuant to authority of its

governing body.

Attest:

Attest:

By:

Affix Corporate Seal

By:

Affix Corporate Seal

(POWER-OF-ATTORNEY FOR PERSON SIGNING FOR SURETY COMPANY MUST BE ATTACHED TO BOND)

IMPORTANT: Surety companies executing Bonds must hold a certificate of authority as an acceptable surety on

Federal Bonds as listed in Treasury Circular 570, as amended, and be authorized to transact business in the State

where the Project is located.

FORM OF BID BOND

1 of 1

CERTIFICATE OF VOTE OF AUTHORIZATION

, 2017

I hereby certify that a meeting of the Board of Directors of the:

Name of Corporation

duly called and held at , on the day of

, 2017, at which a quorum was present and acting, it was voted that

of the be and hereby is

authorized to execute and deliver for and in behalf of the Corporation a Contract with the Town of

Burlington, MA for the work to be done for the FIRE STATION 2 DEMOLITION, Burlington, MA as

Principal, to execute Bonds in connection therewith, which Contract and Bond were presented to and made a part of

the records of said meeting.

I further certify that is the duly qualified and

acting of the Corporation and that said

vote has not been repealed, rescinded, or amended.

A true copy of the record. ATTEST:

(Clerk of the Corporation)

(CORPORATE SEAL)

SUBSCRIBED AND SWORN TO THIS day of , 2017, BEFORE ME.

Notary Public

My commission expires

CORPORATE VOTE

1 of 1

PERFORMANCE BOND

KNOW ALL MEN BY THESE PRESENTS: That we ___________________________

(Name of Contractor)

a ___________________________________________ hereinafter called “Principal” and

(Corporation, Partnership, Joint Venture or Individual)

______________________________of ______________, State of ______________________

(Surety) (City)

_________________________ hereinafter called the "Surety" and licensed by the State Division

of Insurance to do business under the laws of the Commonwealth of Massachusetts, are held and

firmly bound to the Town of _______________, Massachusetts, hereinafter called "Owner", in the

penal sum of ______________________________________________________ Dollars

($______________________) in lawful money of the United States, for the payment of which sum

well and truly to be made, we bind ourselves, our heirs, executors, administrators and successors,

jointly and severally, firmly by these presents.

THE CONDITION OF THIS OBLIGATION is such that whereas the Principal has entered

into a certain contract with the Owner (the “Construction Contract”), dated the __________ day of

_________________, 20___, for the construction described as follows:

_______________________________________________________________.

NOW, THEREFORE, if the Principal shall well, truly and faithfully perform its duties, all

the undertakings, covenants, terms, conditions, and agreements of the Construction Contract during

the original term thereof, and any extensions thereof which may be granted by the Owner, with or

without notice to the Surety, and if he shall satisfy all claims and demands incurred under the

Construction Contract, and shall fully indemnify and save harmless the Owner from all costs and

damages which it may suffer by reason of failure to do so, and shall reimburse and repay the

Owner all outlay and expense which the Owner may incur in making good any default, then this

obligation shall be void; otherwise, this obligation shall remain in full force and effect.

PROVIDED, FURTHER, that the Surety’s obligation under this Bond shall arise after

(1) the Owner has declared the Principal in default of the Construction Contract or any provision

thereof, or (2) has declared that the Principal has failed, or is otherwise unable or unwilling, to

execute the work consistent with, and in conformance to, the Construction Contract (collectively

referred to as a “Contractor Default”). The determination of a Contractor Default shall be made

solely by the Owner. The Owner need not terminate the Construction Contract to declare a

Contractor Default or to invoke its rights under this Bond, and Principal agrees, notwithstanding

any agreement between it and the surety to the contrary, not to bring any claim against the Surety

on account of the Surety’s good faith fulfillment of its obligations before or without termination of

the Construction Contract.

When the Surety’s obligation under this Bond arises, the Surety, at its sole expense and at

the consent and election of the Owner, shall promptly take one of following steps: (1) arrange for

the Principal to perform and complete the work of the Construction Contract; (2) arrange for a

contractor other than the Principal to perform and complete the work of the Construction Contract;

(3) reimburse the Owner, in a manner and at such time as the Owner shall reasonably decide, for

all costs and expenses incurred by the Owner in performing and completing the work of the

Construction Contract. Surety will keep Owner reasonably informed of the progress, status and

results of any investigation of any claim of the Owner.

If the Surety does not proceed as provided in this Bond with due diligence and all deliberate

speed, the Surety shall be deemed to be in default of this Bond, and the Owner shall be entitled to

enforce any remedy available to the Owner.

After the Surety’s obligation under this Bond arises, the Surety is obligated, to the limit of

the amounts of this Bond, for (1) the correction of defective work and completion of the

Construction Contract; (2) additional design, professional services, and legal costs, including

attorney’s fees, resulting from the Contractor Default or from the default of the Surety under this

Bond; (3) any additional work beyond the Construction Contract made necessary by the Contractor

Default or default of the Surety under this Bond; (4) indemnification obligations of the Principal, if

any, as provided in the Construction Contract; and (5) liquidated damages as provided in the

Construction Contract, or if no such damages are specified, actual damages and consequential

damages resulting from the Contractor Default or any default of the Surety under this Bond.

Any proceeding, legal or equitable, under this Bond shall be instituted in any court of

competent jurisdiction in the Commonwealth of Massachusetts.

The Surety, for value received, hereby stipulates and agrees that no change, extension of

time, alteration or addition to the terms of the Construction Contract or to the work to be performed

thereunder or the specifications accompanying the same shall in any way affect its obligation on

this bond, and it does hereby waive notice of any such change, extension of time, alteration or

addition to the terms of the Construction Contract or to the work or to the specifications.

IN WITNESS WHEREOF, this instrument is executed in _____ ( ) counterparts, each one

of which shall be deemed an original, this the __________ day of ____________________, 20___.

ATTEST:

______________________________

Principal

______________________________ By ______________________________

(Principal Secretary)

______________________________

______________________________

______________________________

(Address-Zip Code)

______________________________ (SEAL)

Witness as to Principal

______________________________

______________________________

(Address-Zip Code)

ATTEST:

______________________________

Surety

______________________________ By ______________________________

(Attorney-in-Fact)

______________________________

______________________________

(Address-Zip Code)

______________________________ (SEAL)

Witness as to Surety

______________________________

______________________________

(Address-Zip Code)

NOTE: Date of Bond must not be prior to date of Contract. If Contractor is a Partnership,

all partners should execute Bond.

The total premium for this bond is $ _ _

The rate for this bond is % for the first $ _ and % for the balance.

IMPORTANT: Surety companies executing Bonds must hold a certificate of authority as an acceptable surety on Federal Bonds as listed in Treasury Circular 570, as amended, and be authorized to transact business in the State where the Project is located.

PAYMENT BOND

KNOW ALL MEN BY THESE PRESENTS: That we __ _

_ _ a_ _

(Name of Contractor) (Corporation, Partnership,

Joint Venture or Individual)

hereinafter called “Principal” and _ _ of ,

(Surety)

State of _ hereinafter called the “Surety” and licensed by the State (City

and State)

Division of Insurance to do business under the laws of the Commonwealth of Massachusetts, are held and firmly bound to the Town of Burlington, Massachusetts, hereinafter called “Owner”, in the penal sum of _

_ Dollars ($ ) in lawful money of the United

States, for the payment of which sum well and truly be made, we bind ourselves, our heirs, executors, administrators and successors, jointly and severally, firmly by these presents.

THE CONDITION OF THIS OBLIGATION is such that Whereas, the Principal entered into a

certain contract with the Owner, dated the __ day of , 2017 for the

construction described as follows:

NOW, THEREFORE, if the Principal shall promptly make payment to all persons, firms, subcontractors,

and corporations furnishing materials for or performing labor in the prosecution of the work provided for in such

contract, and any authorized extension or modification thereof, including all amounts due for materials, lubricants,

oil, gasoline, coal and coke, repairs on machinery, equipment and tools, consumed or used in connection with the

construction of such work, and all insurance premiums on said work, and for all labor, performed in such work

whether by subcontractor or otherwise, then this obligation shall be void; otherwise to remain in full force and

effect.

PROVIDED, FURTHER, that the said Surety, for value received hereby stipulates and agrees that no

change, extension of time, alteration or addition to the terms of the contract or to the work to be performed

thereunder or the specifications accompanying the same shall in any way affect its obligation on this bond, and it

does hereby waive notice of any such change, extension of time, alteration or addition to the terms of this contract or

to the work or to the specifications.

PROVIDED, FURTHER, that no final settlement between the Owner and the Contractor shall abridge

the right of any beneficiary hereunder, whose claim may be unsatisfied.

PAYMENT BOND PAGE 2 of 2

IN WITNESS WHEREOF, this instrument is executed in ( ) counterparts, each one of

which shall be deemed an original, this the _ day of , 20_ .

ATTEST: _ _

(Surety)

_ _ By _ _

(Attorney-in-Fact)

_ _

_ _ (SEAL)

Witness as to Surety

_

_ (Address-Zip Code)

_ _

_ _

(Address-Zip Code)

NOTE: Date of Bond must not be prior to date of Contract. If Contract is a Partnership, all

partners should execute Bond.

The total premium for this bond is $ _ _

The rate for this bond is % for the first $ _ and % for the balance.

IMPORTANT: Surety companies executing Bonds must hold a certificate of authority as an acceptable surety on Federal Bonds as listed in Treasury Circular 570, as amended, and be authorized to transact business in the State where the Project is located.

FORM OF SUBCONTRACT

THIS AGREEMENT MADE THIS DAY OF 20 , by and between

a corporation organized and existing under the laws of an individual doing

Witnesseth that the Contractor and the Sub-Contractor for the considerations hereafter named, agree as follows:

1. The Subcontractor agrees to furnish all labor and materials required for the completion of all work specified in Section No. of the specifications for and the plans referred to therein and

(Name of Sub-Trade)

Addenda No. , , , and for the:

all as prepared by CONTEXT ARCHITECTURE, INC. for the sum of ($ )

and the Contractor agrees to pay the Subcontractor said sum for said work. This price includes the following alternates (and other items

set forth in the sub-bid): Alternates No(s). , , , , , ,.

(a) The Subcontractor agrees to be bound to the Contractor by the terms of the hereinbefore described plans; specifications (including all general conditions stated therein) and Addenda No(s). , , , , and to assume to the Contractor all the obligations and responsibilities that the Contractor by those documents assumes to the Town of Burlington, MA hereinafter called the "Awarding Authority", except to the extent that provisions contained therein are by their terms or by law applicable only to the Contractor.

(b) The Contractor agrees to be bound to the Subcontractor by the terms of the hereinbefore described documents and to assume to the Subcontractor all the obligations and responsibilities that the Awarding Authority by the terms of the hereinbefore described documents assumes to the Contractor, except to the extent that provisions contained therein are by their terms or by law applicable only to the Awarding Authority.

2. The Contractor agrees to begin, prosecute and complete the entire work specified by the Awarding Authority in an orderly manner so that the Subcontractor will be able to begin, prosecute and complete the work described in this subcontract; and, in consideration thereof, upon notice from the Contractor, either oral or in writing, the Subcontractor agrees to begin, prosecute and complete the work described in this Subcontract in an orderly manner and with due consideration to the date or time specified by the Awarding Authority for the completion of the entire work.

3. The Subcontractor agrees to furnish to the Contractor within a reasonable time after the execution of this subcontract, evidence of workmen's compensation insurance as required by law and evidence of public liability and property damage insurance of the type and in limits required to be furnished to the Awarding Authority by the Contractor.

4. The Contractor agrees that no claim for services rendered or materials furnished by the Contractor to the Subcontractor shall be valid unless written notice thereof is given by the Contractor to the Subcontractor during the first ten (10) days of the calendar month following that in which the claim originated.

5. This agreement is contingent upon the execution of a general contract between the Contractor and the Awarding Authority for the complete work.

IN WITNESS WHEREOF, the parties hereto have executed this agreement the date and year first above-written.

SEAL

ATTEST

Name of Subcontractor

SEAL

By:

Signature

ATTEST Name of Contractor

By:

Signature

business as hereinafter called the "Contractor" and a corporation organized and existing under the laws of an individual doing business as hereinafter called the "Subcontractor".

FORM OF SUBCONTRACT

1 of 1

Burlington Fire Station

SUPPLEMENTARY GENERAL CONDITIONS SGC-7

SUPPLEMENTS TO A.I.A. GENERAL CONDITIONS

Articles set forth under these Supplemental Conditions are supplements to the corresponding Articles of the A.I.A. General

Conditions of the Contract for Construction, A.I.A. Doc. A201, 2007 Edition. 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.

ARTICLE 1 - GENERAL PROVISIONS

1.1 BASIC DEFINITIONS

1.1.1 The Contract Documents:

Insert the following wording between the first and second sentence: "The Instructions to Bidders shall also

form part of the Contract."

In the last sentence:

Delete “Unless specifically enumerated in the Agreement”.

Delete “not” after “Contract Documents do”.

Delete “other” after “sample forms,”.

Delete “or” after “or proposal,” and insert “and”.

Delete “bidding requirements” after “relating to” and insert “those documents.”

1.1.2 Add at the end of the fourth sentence:

“, except as provided in Paragraph 3.18.”

1.1.8 Delete “Claims” and insert “claims”.

Delete “and certify termination of the Agreement under Section 14.2.2.”.

Add at the end of subparagraph 1.1.8.1:

1.1.8.1 The Owner/ Awarding Authority has identified the Architect to be the Initial Decision Maker as defined

under the Contract.

1.2 CORRELATION AND INTENT OF THE CONTRACT DOCUMENTS

1.2.1 Add the following at the end of subparagraph 1.2.1:

1.2.1 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 or is not in Contract (N.I.C.).

1.2.1.1 In case of inconsistent requirements to the Contract Documents, the requirement for the greater quantity or

higher quality shall take precedence and shall be the Contract requirement. Any discrepancies between the

Contract Documents shall be promptly called to the attention of the Architect and no work so affected shall

be undertaken in advance of the Architect's decision except at the Contractor's risk.


1.2.1.2 Where on any Drawings a portion of the work is drawn out and the remainder is indicated in outline, the

parts drawn out shall apply also to all other like portions of the work. Where ornament or other detail is

indicated by starting only, such detail shall be continued through the courses or part in which it occurs and

shall also apply to all other similar parts of the work, unless otherwise indicated.

1.2.1.3 It is the intent of the Contract Documents to include all work and materials necessary for erecting complete,

ready for continuous use, mechanical, electrical and special systems as shown on the accompanying

Drawings, or as hereinafter described. These Drawings shall be taken in a sense as diagrammatic: sizes or

pipes, ducts, conduit, conductors, and methods of running them are shown, but it is not intended to show

every boring, core-cut, offset and fitting nor every structural difficulty that will be encountered during the

installation of the work.

1.2.2 Add the following sentence at the end of the Paragraph:

, except to the extent required by Chapter 149 of the General Laws for filed sub-trade work. The

Contractor and all Subcontractors shall refer to all of the Drawings and Addenda, including those showing

primarily the Work of the mechanical, electrical and other specialized trades, and to all of the Sections of

the Specifications, and shall perform all Work reasonably inferable therefrom as being necessary to produce

indicated results and/or complete operational systems.

1.2.3 Add the following sentence to the end of Paragraph 1.2.3

Except as otherwise defined in context, the following words, terms, and phrases shall mean as follows:

1. "as shown", "as indicated", "as detailed", or "as noted" shall mean "as shown (indicated, etc.) on Drawings

or any other diagrammatic or written reference on the Drawings."

2. The word "provide" shall mean to furnish, pay for, deliver, install, adjust, clean, and otherwise make

materials and equipment fit for their intended use, including any and all connections to other work necessary

for complete and functional use, as specified in Paragraph 3.4.1 of the General Conditions.

3. The word "furnish" shall mean to secure, pay for, deliver to site, unload, uncrate, and store materials.

4. The word "install" shall mean to place in position, incorporate in the work, adjust, clean, make fit for use,

and perform all comparable services except those included under the definition of the word "furnish" above.

5. The phrase "furnish and install" shall be equivalent to the word "provide".

6. The phrase "match existing" shall mean the following:

a. Where Contract Documents call for exact matching, match existing work exactly in construction,

quality and appearance.

b. Where Contract Documents do not call for exact matching, match existing work as nearly as

possible, using best available materials and workmanship.

7. "Directed", "required", "permitted", "ordered", "designed". "prescribed", and similar words shall mean the

"direction (requirement, permission, order, designation, or prescription) of the Architect."

8. "Approved", "acceptable", "satisfactory", and similar words shall mean "approved by (acceptable or

satisfactory to) the Architect as further defined herein."

9. 'Necessary", "responsible", "proper", "correct", and similar words shall mean "necessary (reasonable,

proper, or correct) in the judgment of the Architect".

10. “Reasonably Inferable” shall mean able to be determined by an experienced tradesperson from other

information available, or inherent, or necessary to obtain an intended result.

1.2.4 Add the following Sub-Paragraphs 1.2.4 through 1.2.16:


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 enacted edition or 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 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.

1.2.9 Where used in conjunction with the Architect's or Engineer's response to submittals, requests, applications,

inquiries, reports and claims by the Contractor, the meaning of the term "approved" will be held to the

limitations of the Architect's responsibilities and duties as specified in the General and Supplementary

Conditions. In no case will "approval" by the Architect be interpreted as an assurance to the Contractor that

the requirements of the Contract Documents have been fulfilled.

1.2.10 Words in the singular shall also mean and include the plural, wherever the context so indicates, and words in

the plural shall mean the singular, wherever the context so indicates.

1.2.11 Where "By others" appears in the Specifications, or as noted on Drawings, it shall be used in the general

sense of "specified under another section of the Specifications unless specifically noted to be provided

and/or performed by the Owner".

1.2.12 The Contractor agrees to indemnify and save the Owner and the Architect-Engineer harmless from and

against liability of any nature or kind including costs and expenses for or on account of all work which is

consistent with and reasonably inferable from the Contract Documents as being necessary to produce the

intended results, even if the work itself is not specifically called for in the Contract Documents.

1.2.13 The Mechanical, Electrical and Fire Protection Drawings are diagrammatic only, and are not intended to

show the possible 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 or other trades, and present an orderly appearance where exposed.

1.2.14 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.

1.2.15 Test boring or soil test information included with the Contract Documents or otherwise made available to

the Contractor was obtained for use by the Architect in the design of the Project 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 a

completely accurate 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

Article 15.

1.2.16 Mechanical and electrical trades must be familiar with all Local Utility provider requirements for their

respective trades and their work shall conform to same Utility requirements without additional cost to the

Owner.

1.5 OWNERSHIP AND USE OF DRAWINGS, SPECIFICATIONS & OTHER INSTRUMENTS OF

SERVICE


Add the following Subparagraph 1.5.3 to Article 1.5:

1.5.3 Contractor’s Use of Instruments of Service in Electronic Form:

1.5.3.1 The Architect may, at the Architect’s sole discretion, with the concurrence of the Owner, furnish to the

Contractor versions of Instruments of Service in electronic form. The Contract Documents executed or

identified in accordance with Subparagraph 3.2.1 shall prevail in case of an inconsistency with subsequent

document versions copied or created via electronic means.

1.5.3.2 The Contractor shall not transfer or reuse these Instruments of Service in electronic or digital form without

the prior written consent of the Architect.

ARTICLE 2 - OWNER

2.1 GENERAL

2.1.1 Delete in its entirety and substitute the following:

2.1.1 The term "Owner," sometimes also referred to as the "Awarding Authority" or "Authority," means the Town

of Burlington, MA identified in the Owner-Contractor Agreement, organized and existing under the Laws

of the Commonwealth of Massachusetts. No member of the Authority shall in any way, directly or

indirectly be personally liable under any of the provisions of this Contract.

2.1.2 Delete in its entirety.

2.1.3 Add the following Paragraphs 2.1.3 and 2.1.4:

2.1.3 Items requiring the Owner's signature as per Paragraph 2.1.4 shall be valid only with the signature of the

Owner or with the signature of those designated to act in the Owner’s behalf effective on or starting from the

date of the Owner’s signature.

2.1.4 Items requiring the Owner's signature in order to be valid shall include but not be limited to the following:

1. Construction Change Directives.

2. Change Orders, whether or not they affect a change in the Contract Sum or in the Contract Time.

3. Written orders, notices, and approvals given by the Owner pursuant to the Contract Documents or pursuant

to any Laws applicable to this Contract.

4. Stop Work Order.

5. Certificate of Substantial Completion.

6. Final Payment.

7. Termination of Contract.

8. In any instance needing clarification as to whose signature is required, the Contractor shall seek clarification

in writing from the Architect.

2.2 INFORMATION AND SERVICES REQUIRED OF THE OWNER

2.2.1 Delete last three sentences of subparagraph 2.2.1.

2.2.3 In the first sentence insert “available” after “shall furnish”.


Delete the last sentence and replace as follows:

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 Change to read as follows:

2.2.4 Information or services required of the Owner hereunder by the Contract Documents, 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 in its entirety and substitute the following:

2.2.5 The Owner will furnish the Contractor, free of charge, five (5) sets of Contract Documents, which includes

two (2) sets for record purposes. The Contractor, at his own expense, shall obtain, reproduce, provide, and

distribute all additional prints as required for his own and his Sub-contractors' use. The Contractor shall

have the sole responsibility of determining the completeness of all sets of Contract Documents both received

from the Owner and reproduced for their own use and for the use of the Sub-contractors.

2.3 OWNER’S RIGHT TO STOP THE WORK Delete from the last sentence “, except to the extent required by Section 6.1.3” and add as follows:

The Contractor shall resume the Work after such stoppage promptly upon written notice to do so from the

Owner. The Contractor shall remain responsible for maintaining the progress of the Work and shall not be

entitled to any increase in the Contract Sum or Contract Time. The Contractor shall be responsible for all

costs incurred by the Owner attributable to such an order to stop the Work.

2.4 OWNER’S RIGHT TO CARRY OUT THE WORK.

2.4.1 Delete the first and second sentences and substitute the following:

If the Contractor defaults or neglects to carry out the Work in accordance with the Contract Documents and

fails within a seven-day period after receipt of written notice from the Owner to begin and prosecute

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.

Delete the third sentence.

Add to the end of the section as follows:

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.

ARTICLE 3 - CONTRACTOR

3.1 GENERAL

3.1.1 Change the beginning to read:

3.1.1 The "Contractor", sometimes referred to as the "General Contractor", is the person or . . . . . . . .

3.2 REVIEW OF CONTRACT DOCUMENTS AND FIELD CONDITIONS BY CONTRACTOR

3.2.1 Delete “generally” after “the site, become”.


Add to the end of the sub-section as follows:

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.

3.2.1

3.2.2 Change subparagraph 3.2.2 to read as follows:

3.2.2 Prior to submission of a Bid, 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 in writing to the

Architect any error, inconsistency or omission the Contractor may discover. If the Contractor proceeds with

the Work without such notice to the Architect, having discovered such errors, inconsistencies or omissions,

or if by reasonable and careful study of the Contract Documents the Contractor could have discovered such,

the Contractor shall bear all attributable costs arising therefrom.

3.2.3 Change Paragraph 3.2.3 to read as follows:

The Contractor shall promptly report to, and await for the reply from the Architect, any inconsistencies he

may discover. The Architect shall reply with reasonable promptness.

3.2.4 Delete “claims” after “the Contractor shall make” and insert “a claim.”

Add new subparagraphs:[BHM1]

3.2.4 The Contractor shall give the Architect timely notice of any additional Drawings, Specifications,

information clarification, or instructions required to define the Work in greater detail, or to permit the

proper progress of the Work.

3.2.5 The Contractor shall not proceed with any Work not clearly and consistently defined in detail in the

Contract Documents, but shall requested in writing additional Drawings or instructions from the Architect as

provided in subparagraph 3.2.4. If the Contractor proceeds with such Work without obtaining further

Drawings, Specifications or instructions from the Architect in writing, the Contractor shall correct Work

incorrectly done at the Contractor's own expense.

3.2.6 Add new subparagraph 3.2.6 as follows:

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 Change to read as follows:

The Contractor shall supervise, and coordinate, schedule, and direct the Work, using the Contractor’s best

skill and attention. To this end, he shall employ a Superintendent that shall be on the site at all times work is

in progress for any trade. The Contractor shall be solely responsible for and have control over construction

means, methods, techniques, sequences and procedures and for coordinating all portions of the Work under

the Contract.

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. 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 Add a last sentence as follows:

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.

3.3.4 Add the following Subparagraphs 3.3.4 through 3.3.6:

3.3.4 The Contractor, at his own expense, shall do all engineering required for establishing grades, lines, controls,

levels, dimensions, and reference points for all trades; shall be responsible for maintaining bench marks and

other survey marks; and shall replace as directed any bench mark or survey marks which have been

disturbed or destroyed.

3.3.5 Unless otherwise required under the Contract Documents, or directed in writing by the Architect, all Work

shall be done during regular working hours. However, if the Contractor desires to carry on the Work outside

of regular working hours or on Saturdays, Sundays, Federal or Massachusetts State Holidays, he/she shall

allow ample time to enable satisfactory arrangements to be made for security and inspecting Work in

progress and shall bear all costs with respect thereto. The Owner shall invoice the Contractor directly for

such costs. The Contractor shall coordinate all requests for non-regular hour work with the Owner and

directly pay overtime to the appropriate personnel. This payment shall be at the Contractor's sole expense.

No work shall be performed on the interior of a building without the Project Representative being present.

3.3.6 The Contractor shall be responsible for the proper fitting of all work and the coordination of the operations

of all trades, Subcontractors or material men engaged upon the work. The Contractor shall be prepared to

guarantee each of his Subcontractors the dimensions which they may be required for the fitting of their work

to all surrounding work, and shall do or cause their agents to do all cutting, fitting, adjusting and patching

necessary to make the several parts of the work come together properly and to fit the work to receive or be

received by that of other Contractors.

3.4 LABOR AND MATERIALS

Change Paragraph 3.4.2 to read as follows:

3.4.2 The Contractor may make substitutions only with the consent of the Owner after evaluation by the Architect.

The equality of items offered as "equal" to the items named or described shall be proved to the satisfaction

of the Owner and/or their Agent at the sole expense of the Contractor or Subcontractor submitting the

substitution.

3.4.3 Add to the end of the second sentence as follows:

, 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 adverse to the success of the Project or the Owner’s interests.


Add the following Sub-Paragraphs 3.4.4 through 3.4.15:

3.4.4 The Contractor or Subcontractor, as the case may be, shall assume full responsibility for the proper

performance of any item submitted as "equal" and approved as described in 3.4 to the specific or specifics

named and assume the costs of any changes in his own Work or in the Work of other trades which may be

due to such substitution.

3.4.5 Should the Contractor wish to substitute another product or method for products or methods specified or

shown in Contract Documents, whether or not such phrases as "or equal", "equivalent to", equal to", or

"based on" are used, he shall apply in writing for approval. He shall enclose such data as Architect requires

to evaluate products. Contractor is responsible for space requirements of substitutions, he shall be

responsible for all costs necessary to adjust adjacent or affected work and execute necessary changes in

adjacent and relocate work as directed by the Architect, which are due to such substitutions, and he shall be

responsible for delays required for evaluation of proposed substitutions.

3.4.6 During selection for the Award of the Contract, the Bidder shall furnish to the Owner through the Architect

in writing the following information:

1. Names of persons and entities furnishing equipment and materials (including any Sub-Contractors).

2. Names of manufacturers, products (including model number), and suppliers of equipment proposed for this

project.

3. Product data for any product, material, or equipment proposed for this project as requested.

3.4.7 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 (1) 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".

3.4.8 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 that a material meets such requirements, such as certified reports of past tests 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.

3.4.9 In all cases in which a manufacturer's name, trade name or other proprietary designation is used in connection

with materials or articles to be furnished under this Contract, whether or not the phrase "or equal" is used after

such name, the Contractor shall furnish the product of the named manufacturer(s) without substitution, unless a

written request for a substitute has been submitted by the Contractor and approved in writing by the Architect as

provided in subparagraph 3.4.


3.4.10 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 shall request written approval of

the deviation from the requirements of the Contract Documents. If such notification is not provided the

Contractor shall be wholly responsible for all corrective costs associated with such deviation.

3.4.11 In requesting approval 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. 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.

3.4.12 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 substitutions 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.

3.4.13 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.

3.4.14 The Owner shall be entitled to deduct from the Contract Sum amounts paid to the Architect to evaluate the

Contractor’s proposed substitutions and to make agreed-upon changes in the Drawings and Specifications made

necessary by the Owner’s acceptance of such substitutions.

3.4.15 All materials and workmanship shall be subject to inspection, examination, and test by the Architect at any

and all times during manufacture and/or construction and at any and all places where such manufacture

and/or construction are carried on. The Architect shall have the right to reject defective material and

workmanship or require its correction. Rejected workmanship shall be satisfactorily replaced with new and

proper material and rejected material promptly removed from the premises. If the Contractor fails to

proceed at once with the replacement of rejected material and/or the correction of defective workmanship,

the Owner may by contract or otherwise replace such material and/or correct such workmanship and charge

the cost to the Contractor or may terminate the right of the Contractor to proceed, the Contractor and Surety

being liable for any damage to the same extent as provided.

3.5 WARRANTY

3.5 Change the first sentence of subparagraph 3.5 to read as follows:

The Contractor warrants that the materials and equipment furnished under the Contract will be new and of

current year 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 Warranty period, for at least one

year after the date of Substantial Completion and, promptly after written notification of non-conformance,

shall be repaired or replaced by the Contractor with Work conforming to such requirements.

Delete the second to last sentence.

3.5.1 Add new subparagraphs 3.5.1 through 3.5.4 as follows:


3.5.1 If at any time before or within 61 days after Final Acceptance, any person or persons, who claims to have

performed any labor or furnished any material toward the performance or completion of this Contract, shall

file with the Owner or any other proper person under applicable Massachusetts law any such notice or lien

as is described under Massachusetts Law, then and in every case the Owner shall have the right to retain,

anything herein contained to the contrary thereof, notwithstanding, from the moneys under its control or due

or to become due under this agreement, so much of such moneys as shall be sufficient to pay off, satisfy and

discharge the amount in such notice, together with the reasonable costs of any such action or actions brought

or that may be brought to enforce such claims or the lien created by the filing of such notice. The moneys so

retained shall be retained by the Owner until the lien thereof created by said laws and filing of said notice

shall be discharged pursuant to the provisions of said law.

3.5.2 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 that a material meets such requirements, such as certified reports of past tests 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 sole 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.

3.5.3 The warranty period 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.

3.5.4 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. Delivery by

the Contractor shall constitute the Contractor's guarantee to the Owner that the warranty will be performed

in accordance with its terms and conditions.

3.6 TAXES

3.6.1 Add the following new Subparagraph 3.6.1:

3.6.1 This Project is exempt from payment of state sales and use tax under an exemption number that can be

obtained after bid award and Contract signing or a Notice to Proceed from the Town of Burlington, MA.

3.7 PERMITS, FEES AND NOTICES

Delete Paragraph 3.7.1 and insert the following:

3.7.1 The Building Construction Permit and the Permits for Demolition, Plumbing, Natural Gas, Fire, Mechanical

and Electrical work legally required to be obtained from the Town of Burlington for execution of the work

shall be paid for by the Town. All other permits, certificates of occupancy, fees, licenses, taxes, deposits,

hook-up fees, utility connections, etc. necessary for completion of the work shall be obtained and paid for by

the Contractor including solid waste disposal, except as noted below:

a. Permanent Electrical Service Fees shall be paid by the Owner.

b. Eversource Natural Gas Service Fees shall be paid by the Owner.

c. Verizon Telephone Service Fees shall be paid by the Owner.

d. Comcast Cable Access Service Fees shall be paid by the Owner.

3.7.3 Delete “knowing it” after “performs Work” and replace with “it knows or should know”.



3.7.4 Concealed or unknown conditions in accordance with MGLC.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 of the Owner may request an equitable adjustment in the Contract

sum of the Contract applying to work affected by the differing site conditions. A Contractor request for

such an adjustment shall be in writing and shall be delivered to the Owner as soon as possible after such

conditions are discovered, but no later than fourteen (14) calendar days after first observance of condition.

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 originally encountered and generally

recognized as inherent in work of the character provided for in the plans and Contract Documents and are

of such a 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 make an equitable adjustment in the Contract sum and the Contract

shall be modified in writing accordingly. Should conditions encountered below the surface of the ground

require that footings, foundations or other parts of the building or other structure be raised, lowered or

changed, or if additional depth of excavation below the levels shown on the Drawings is required in order to

provide proper bearing for the building or other structure or for any permanent utilities on the site or for

permanent grading or other permanent site work, and change in the amount of excavation, dewatering,

sheeting, protection, rock excavation, backfill, concrete or other structural work, or any other work

permanently incorporated in the building shall be considered a change in the Work, and the Contract Sum

shall be adjusted as provided in this Article, provided that the Work has been ordered in writing as

provided in 7.1.1. There shall be no adjustment of the Contract Sum on account of other costs resulting

from subsoil or water conditions including, without limitation, costs on account of delay, administration,

operations, cave-in or collapse of excavations.

3.7.5 Delete second and last sentences.

3.8 Delete section 3.8 in its entirety.

3.9 SUPERINTENDENT

3.9 Change the title to read: "SUPERINTENDENCE".

3.9.1 Change the first sentence to read as follows:

The Contractor shall employ a competent superintendent, reasonably acceptable to the Owner, and necessary

assistants who shall be in attendance at the Project Site full time during the progress of the Work until the

date of Final Acceptance by the Owner, and for such additional time thereafter as the Architect may

determine to be necessary for expeditious completion of the Work. If at any time there is a Subcontractor

on site, the Superintendent shall also be in attendance. The Contractor shall remove the Superintendent if

requested to do so in writing by the Owner, and shall promptly replace him with a competent person

reasonably acceptable to the Owner.

3.9.4 Add new Sub-paragraphs 3.9.4 through 3.9.7 as follows:

3.9.4 The Contractor shall retain at his own expense, a competent Registered Professional Engineer or Registered

Land Surveyor, acceptable to the Architect, 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, not less than weekly, with the Architect and such

other persons as the Architect may from time to time which 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 SCHEDULE

3.10.1 In the first sentence delete “promptly” after “The Contractor” and replace with “within twenty (20) days”.

In the second sentence, insert “or as requested by the Architect” after “conditions of the Work and

Project”.


The construction schedule shall be in such form 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.

3.10.1.1 Add the following sub-paragraph 3.10.1.1:

3.10.1.1 The Contractor shall prepare and submit to the Architect a Progress Schedule as described in subparagraphs

8.2.4 through 8.2.10, and related to the Schedule of Values required under Article 9. The Progress Schedule

shall include an estimated cash flow schedule showing anticipated monthly expenditures throughout the

duration of the Contract based on the Schedule of Values. A copy of the Progress Schedule shall be kept in

the Contractor's field office and shall be brought up to date each month to show the actual progress of the

Work.

3.10.3 Add to the end of the sub-section as follows:

The Contractor’s compliance with the construction schedule is a material obligation of the Contract.

3.10.4 Add new sub-sections 3.10.4, 3.10.5, and 3.10.6 as follows:

-3.10.6

§ 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 Change Subparagraph 3.12.6 to read as follows:

3.12.6 By submitting Shop Drawings, Product Data, Samples, and similar submittals the Contractor thereby

represents to the Owner and Architect that the Contractor (1) reviewed and approved all aspects of the

submittal, (2) has determined and verified all materials, 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 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.

.1 Should the Contractor wish to substitute another product or method for products or methods

specified or shown in Contract Documents, whether or not such phrases as "or equal", "equivalent

to", "equal to", or "based on" are used, he/she shall submit all performance characteristic data,

product data, references, installation data and any other information necessary for evaluation by the

Architect with his/her bid package. The Architect's evaluation decision shall be final. Contractor

is responsible for space requirements for substitutions, he shall be responsible for all costs

necessary to adjust adjacent or affected work and execute necessary changes in adjacent and

relocate work which are due to such substitutions, and he shall be responsible for delays required

for evaluation of proposed substitutions.

3.12.8 Delete the following:

. . . “or Construction Change Directive” . . .

3.12.9 Add the following sentence at the end of Subparagraph 3.12.9:

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.

3.12.10 Add to the end of the last sentence as follows:

, except as provided in Section 3.2.

Add Paragraphs 3.12.11 and 3.12.12 as follows:

When professional certification of performance criteria 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 any independent examination with respect thereto.


3.12.11 The Architect’s review of Contractor’s submittals will be limited to examination of an initial submittal and

one (1) resubmittal. The Architect’s review of additional submittals will be made only with the consent of

the Owner after notification by the Architect. The Owner shall be entitled to deduct from the Contract Sum

amounts paid to the Architect for evaluation of such additional resubmittals.

3.13 USE OF SITE

3.13 Change Subparagraph 3.13 to read as follows:

3.13.1 The right of possession of the premises and the improvements made thereon by the Contractor shall remain

at all times with the Owner. The Contractor's right to entry use, security and safety thereof arises solely

from the permission granted by the Owner under the Contract Documents upon Contract Award. The

Contractor shall confine the Contractor's apparatus, the storage of materials and the operations of the

Contractor's workmen to limits indicated by applicable law, statutes, ordinances, codes, rules and

regulations and lawful orders of public authorities and 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.

Add the following Subparagraph 3.13.2:

3.13.2 The Contractor shall not close or obstruct any streets, sidewalks, or passageways until he shall have first

secured all necessary municipal or other permits therefor. No material whatsoever shall be placed or stored

in streets, exits or passageways. The Contractor shall so conduct his operations as to interfere as little as

possible with the use ordinarily made of any roads, streets, driveways, sidewalks, or other facilities near

enough to the work to be affected thereby.

3.15 CLEANING UP

3.15.1 Add “site” to the end of the second sentence.

3.15.2 Add to the end of the sentence as follows:

, and may deduct all costs thereof from any payment due the Contractor.

Add the following at the end of Subparagraph 3.15.3:

3.15.3 Immediately prior to the Architect's inspection for Substantial Completion, the Contractor shall completely

clean the premises. Surfaces shall be cleaned and washed. Resilient coverings shall be cleaned, waxed and

buffed. Walls, ceilings and woodwork shall be dusted and cleaned. Sash, fixtures and equipment shall be

thoroughly cleaned. Scratched, chipped or marred paint surfaces shall be repainted. Labels, stains, spots,

dust, marks and smears shall be removed from all surfaces. Hardware and all metal surfaces shall be

cleaned and polished. All 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. Site rubble, debris, and all other waste shall be removed and disposed of.

3.16 Insert “, Owner’s representatives” after “provide the Owner”.

3.18 INDEMNIFICATION

Change the title of paragraph 3.18 to "INDEMNIFICATION AND COVENANT NOT TO SUE", delete the

first sentence and substitute the following:

To the fullest extent permitted by law the Contractor shall indemnify and hold harmless the Owner,

Architect, Architect’s consultants, and agents and employees of any of them from and against claims,

damages, losses, demands and expenses, including but not limited to attorneys’ fees, arising out of or

resulting from performance of the Work, including claims, damage, loss or expense attributable to bodily

injury, sickness, disease or death, or to injury to or destruction of tangible property, including the Work,

caused in whole or in part by the negligent or wrongful acts or omissions of the Contractor, a


Subcontractor, anyone directly or indirectly employed by them or anyone for whose acts they may be

liable, regardless of whether or not such claim, damage, losses, demands or expense is caused in part by a

party indemnified hereunder. Such obligation shall not be construed to negate, abridge, or reduce other

rights or obligations, including those of indemnity, which would otherwise exist as to a party or person

described in this section.

3.18.3 Add the following paragraph 3.18.3

The Contractor’s indemnity obligations under this Section 3.18 shall also specifically include, without

limitation, all fines, penalties, damages, liability, costs, expenses (including, without limitation, reasonable

attorneys’ fees) and punitive damages (if any) arising out of, or in connection with, any (i) violation of or

failure to comply with any law, statute, ordinance, rule, regulation, code, or requirement of a public

authority that bears upon the performance of the Work by the Contractor, a Subcontractor, or any person or

entity for whom either is responsible, (ii) means, methods, procedures, techniques, or sequences of

execution or performance of the Work, (iii) failure to secure and pay for permits, fees, approvals, licenses,

and inspections as required under the Contract Documents, or any violation of any permit or other approval

of a public authority applicable to the Work by the Contractor, a Subcontractor, or any person or entity for

whom either is responsible, and (iv) claim by any subcontractor or sub-subcontractor against any

indemnified party in connection with payments due to such subcontractor or sub-subcontractor by the

Contractor or otherwise in connection with the subcontract between any such parties, whether or not a

mechanic’s lien is filed in connection therewith

ARTICLE 4 - ARCHITECT

4.1. GENERAL

4.1. Delete the last sentence and add the following:

The terms "Architect" and "Architect-Engineer" shall mean the person or firm licensed to practice

architecture and/or engineering in the Commonwealth of Massachusetts and under Contract with the Owner

for Architectural and Engineering services related to the work;

specifically,_________________________________________________________________________

___.

4.1.2 Delete Subparagraph 4.1.2 in its entirety.

4.1.3 Delete in its entirety

4.2 ADMINISTRATION OF THE CONTRACT

4.2.3 In the first sentence delete “reasonably” after “will keep the Owner”.

4.2.4 Add the following Sub-paragraphs 4.2.4.1 and 4.2.4.2:

4.2.4.1 Communications shall be in writing and be considered given if delivered at the office of the Contractor; or if

in a sealed, postage-prepaid envelope addressed to the Contractor's office and deposited in the United States

Mail, Express Mail, and/or facsimile transmittal (FAX) with written acknowledgement of receipt.

4.2.4.2 Communications shall be in writing, addressed to the Owner, Attention: John Petrin, Town

Administrator, 29 Center Street, Burlington, MA , with copies provided to the Architect, and the Owner’s

Project Manager (OPM) and be considered given if delivered to the office of the Architect, with a copy

in a sealed, postage prepared envelope, addressed to the Owner, deposited in the United States mail.

4.2.7 In subparagraph 4.2.7 in the fifth sentence, delete the words:

"unless otherwise specifically stated by the Architect".


4.2.11 Delete the last sentence of Subparagraph 4.2.11 and substitute the following:

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 do

not alter the existing and are consistent with the 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.

4.2.12 Delete the second sentence.

4.2.14 Delete Subparagraph 4.2.14

ARTICLE 5 - SUBCONTRACTORS

5.2 AWARD OF SUBCONTRACTS AND OTHER CONTRACTS FOR PORTIONS OF THE WORK

5.2.1 Add at end of first sentence: “, but no later than starting the work”

Delete word “reasonable” from second sentence. Delete the last

sentence.

5.2.2 Change the first sentence of subparagraph 5.2.2 as follows:

The Contractor shall not contract with a proposed person or entity against whom the Owner, or Architect

has made timely objection.

5.2.3 Change the first sentence of subparagraph 5.2.3 as follows:

If the Owner or Architect has an objection to a Contractor/Subcontractor, person or entity, the Contractor

shall propose another to whom the Owner and Architect have no objection.

Delete the last two sentences and replace as follows:

No increase in the Contract Sum or Contract Time shall be allowed for such change.


Each subcontract shall expressly provide for the contingent assignment referred to in subparagraph 5.4.1.

5.3 SUBCONTRACTUAL RELATIONS

5.3.1 Add the following paragraph 5.3.1

If reasonably requested by Owner or Owner's lender, Contractor shall deliver to Owner a copy of each

subcontract (including filed subcontracts) or other agreement for labor, materials or equipment to be

incorporated in the Work or used or employed in the performance of the Work. Contractor shall include in

any subcontract or other agreement, written or oral, for labor, materials or equipment to be incorporated in

the Work, or used or employed in the performance of the Work hereunder, a provision which shall provide

that (a) all of the terms and conditions of the Contract Documents are incorporated in such subcontracts or

agreements, (b) prior to terminating any such subcontract or agreement due to a default or alleged default of

Contractor, the Subcontractor shall give ten (10) days prior written notice to Owner, and Owner shall have

the right, but not the obligation, to cure any such default of Contractor and (c) that in the event of

termination thereof, such parties shall upon demand of Owner render performance directly to Owner and

such subcontract or agreement shall be treated as a contract between Owner and such Subcontractor as to all

obligations thereafter accruing. Contractor agrees to perform all Work on the Project with competent labor

that will work harmoniously with other elements of labor involved in the Work. Contractor promptly shall

discharge from the Work any Subcontractor, supplier or employee who Owner or Architect finds not


competent or compatible with other personnel on the Work, or whose employment is reasonably objected to

by Owner or Architect, or who, in Architect's sole judgment, interferes with the efficient performance of the

Work on the Project.

5.4 CONTINGENT ASSIGNMENT OF SUBCONTRACTS

5.4.1 In sub-heading .1 delete “Section 14.2” and replace with “Article 14." Add new sub-heading.3 as

follows: .3 The Owner may further assign the subcontract to a successor contractor or other entity.

Delete last sentence of subparagraph 5.4.1

5.4.2 Delete subparagraph 5.4.2


ARTICLE 6 - CONSTRUCTION BY OWNER OR BY SEPARATE CONTRACTORS

6.1 OWNER'S RIGHT TO PERFORM CONSTRUCTION AND TO AWARD SEPARATE

CONTRACTS

6.1.1 At the end of the first sentence delete “including those portions related to insurance and waiver of

subrogation”.

In the second sentence delete “Claim” after “shall make such” and replace with “claim”.

Delete subparagraph 6.1.4 and replace as follows: 6.1.4 The Owner reserves the right to enter any part of

the Project site at any time to inspect the Work or to perform other work with its own forces or separate

contractors, or to address any emergency situation. Such access is not to be construed to mean partial

occupancy by the Owner and no claim for increase in the Contract Time or Sum will be considered unless

such Owner’s contractors have delayed or damaged the Contractor’s Work. The Contractor shall permit

the Owner to place and install as much furniture, equipment and other material during the progress of the

Work as is possible before completion of the various parts of the Work and agrees that such placing and

installation of equipment shall not in any way evidence the completion or acceptance of the Work or any

portion of it.

6.2 MUTUAL RESPONSIBILITY

6.2.3 Delete the last sentence.

6.2.4 Add the following at the end of subparagraph 6.2.4:

If such separate Contractor sues or initiates any 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 the

Owner and Architect from any such proceedings at the Contractor's expense, and if any judgment or award

against the Owner arises therefrom the Contractor shall pay or satisfy any judgment and shall reimburse the

Owner for all Attorneys' and Architect’s fees and court or arbitration costs which the Owner has incurred.

Add subparagraph 6.2.4.1 as follows:

6.2.4.1 Should the Contractor sustain damage through an act or omission of any separate Contractor, or should the

Contractor sustain damage through an act or omission of a subcontractor or any such separate Contractor,

the Contractor shall have no claim against the Owner for such damage. The settlement of any claim set forth

in this paragraph shall in no case be a cause for delays in the Work.

6.2.5 Delete in its entirety.

Add the following Paragraph 6.2.6:


6.2.6 If any part of the Contractor's work depends, for proper execution or results, upon the work of any other

separate Contractor, the Contractor shall inspect and promptly report to the Architect any apparent

discrepancies or defects in such work that render it unsuitable for such proper execution and results. Failure

of the Contractor to so inspect and report shall constitute an acceptance of the other Contractor's work as fit

and proper to receive his work, except as to defects which may develop in the other separate Contractor's

work after the execution of the Contractor's work.

ARTICLE 7 - CHANGES IN THE WORK:

7.1 GENERAL

7.1.2 Change Subparagraph 7.1.2 and 7.1.3 to read as follows:

7.1.2 A Change Order shall be based upon a signed Change Order by Owner, Contractor and Architect.

7.1.3 Changes in the Work shall be performed under applicable provisions of the Contract Documents and the

Contractor shall proceed promptly unless otherwise provided in the Change Order.

7.1.4 Add subparagraph 7.1.4 to read as follows:

No extension of the Substantial Completion Date or the Final Completion Date (or right on the part of

Contractor to secure any such extension) pursuant to this Article 7 or Article 8 shall prejudice any right

Owner may have under this Agreement, or otherwise, to terminate this Agreement. Such extensions shall be

Contractor's sole remedy for any delay. Contractor shall receive no compensation for any delay or

hindrance to the Work except to the extent that direct and unavoidable extra cost to Contractor result from

delays caused by acts constituting intentional interference by Owner or the Architect with Contractor's

performance of the Work and then only to the extent that such acts continue after Contractor's notice to

Owner of such interference. Owner's exercise of any of its rights, power or privileges under this Agreement

or any of the other Contract Documents, including without limitation Owner's right to order changes in the

Work, shall not under any circumstances be construed as intentional interference with Contractor's

performance of the Work. Any extension of the Substantial Completion Date and/or the Final Completion

Date pursuant to this Article 7.1.5 shall be evidenced by a Change Order.

7.2 CHANGE ORDERS

Add subparagraph 7.2.2 to read as follows:

7.2.2 Methods used in determining adjustments to the Contract may include those listed in Subparagraphs 7.2.3

and 7.2.4.and 7.2.5.

7.2.2.1 Add the following new Sub-paragraph 7.2.2.1:

7.2.2.1 Method of determining overhead and profit for Change Orders shall be in compliance with Subparagraphs

7.2.4, 7.2.4.1, 7.2.4.2 and 7.2.5

7.2.3 Add the following new Sub-paragraph 7.2.3 through 7.2.6:

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 the description

and amounts of all other costs chargeable under the terms of this Article. Unit labor costs for the installation

of each item of materials shall be shown and shall be as indicated in the schedule of Prevailing Wages

included in the Contract Documents. The Contractor shall promptly revise and resubmit such estimate if the

Architect determines that it is not in compliance with the requirements of this Article, or that it contains


errors of facts or mathematical errors. 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 sole

expense, and shall include any extension of time requested for completion of the Work.

7.2.4 For extra work performed by the General Contractor's own forces, the cost to the Owner may include an

allowance for overhead and profit not to exceed 10 percent of the net cost of the work as defined and

modified below.

7.2.4.1 For extra work performed by a Subcontractor or Sub-Subcontractors, the cost to the Owner may include the

net cost to the Subcontractor plus an allowance not to exceed 10 percent for the Subcontractor's or Sub-

Subcontractor's overhead and profit and not to exceed 5 percent for the General Contractor's overhead and

profit. The Subcontractor shall be allowed a 5 percent markup over net cost of a Sub-Subcontractor's extra

work.

7.2.4.2 “Net Cost," as used herein, shall not include a percentage for overhead and profit on items of social security,

health and welfare, old age and unemployment insurance, contributions to pension funds, education and

training funds, industry improvement funds, and similar fringe benefits. All labor costs shall be figured

based on the Prevailing Wages indicated for that trade category. If there are no prevailing wage rates

indicated for the trade, labor costs shall be figured based on direct salary plus insurance and benefits. If

deductions are ordered, the credit shall be computed at net cost. Among the items to be considered as

overhead are insurance, other than as mentioned above, bond or bonds, supervision, superintendents,

supervising foremen not directly attributable to the change, engineering, general office expenses, and other

items not included in "cost" as herein defined. Layout work by field engineer incidental to Change Orders

shall be considered as overhead.

7.2.5 For extra works which there are Unit Prices, the extra cost to the Owner shall be figured based on the Unit

Price schedule in place at the time of the signing of the Contract. Unit Prices shall include all overhead,

profit, insurance, labor and materials required to perform the work indicated.

7.2.6 In order to facilitate checking of quotations for extras or credits, all proposals, except those so minor that

their propriety can be seen by inspection, shall be accompanied by a complete itemization of costs including

labor, materials and subcontracts. Labor and materials shall be itemized in the manner prescribed above.

Where major cost items are Subcontracts, they shall be itemized also. In no case will a change involving

over $500.00 be approved without such itemization.

7.3.3 Modify subparagraph 7.3.3 to read as follows:

If the Construction Change Directive provides for an adjustment to the Contract Sum, the

adjustment shall be based on one of the following methods:

.1 mutual acceptance of a lump sum properly itemized and supported by sufficient substantiating

data to permit evaluation;

.2 unit prices stated in the Contract Documents or subsequently agreed upon (unit prices, if

any, shall be all inclusive of cost of materials, labor, equipment, overhead and profit); or

7.3.4 Delete Subparagraph 7.3.4.

7.3.5 In the first sentence add after “the Work involved and” as follows:

, within five (5) calendar days from receipt of the Construction Change Directive,”

Insert “by written notice” after “advise the Architect”.


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 second sentence delete “recorded as” after “immediately shall be” and replace with “deemed and

shall constitute”.

7.3.9 Delete the end of the first sentence starting after “Directive to the Owner,” and replace as follows:

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.

7.4 Add after last sentence of Subparagraph 7.4:

“The Contractor shall carry out such written orders promptly.”

ARTICLE 8 - TIME:

8.1 DEFINITIONS

8.1.2 Add the words “or the date on the Notice to Proceed” at the end of the sentence.

8.2 PROGRESS AND COMPLETION

8.2.2 In the first sentence delete “, except by agreement or instruction of the Owner in writing, prematurely”.

Add new subparagraphs 8.2.4 through 8.2.11 as follows:

8.2.4 The date of Substantial Completion shall be as provided for in the Specifications and/or Contract

Agreement, plus, any extension of time granted by the Owner through a Change Order amending the

Contract. All Work carried on outside of regular working hours shall be done at the Contractor's sole

expense.

8.2.5 Within two (2) weeks after award of the Contract, the Contractor shall submit to the Architect 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 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.

8.2.6 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 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.

8.2.7 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.

8.2.8 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 original Progress Schedule to be completed by the


respective dates, including any adjustment for agreed upon extensions of time determined by the Architect,

the Owner may at the Owner's option, treat the Contractor's delinquency as a default justifying the action

permitted under Paragraph 14.2

8.2.9 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.

8.2.10 If the Contractor fails to submit any Application for Payment in any month, the Architect shall, for the

purpose of the 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.

8.2.11 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.

8.3 DELAYS AND EXTENSIONS OF TIME

8.3.1 In subparagraph 8.3.1, change "other causes beyond the Contractor's control" to read "other causes (except

weather) beyond the Contractor's control". Delete the words "pending mediation and arbitration" in line

five. Add to the end of the subparagraph as follows:

, and this shall be the Contractor’s sole remedy for such delay. Under no circumstances will the

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.

Change subparagraph 8.3.3 and add new subparagraphs 8.3.3 thru 8.3.6 as follows:

8.3.3 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 15 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 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 The Contractor hereby agrees that the Contractor shall have no claim for damages of any kind against the

Owner 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 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 8.3. Apart from extension of time, no

payment or adjustment to the Contractor as compensation for damages because of hindrance or delay from

any cause in the progress of the work, whether such delays be avoidable or unavoidable, shall be made for

the following items: general conditions, overhead, bonds, temporary facilities, superintendence, utilities

or similar cost or allowance of any other kind.

8.4 Add new paragraph 8.4 as follows:

8.4 LIQUIDATED DAMAGES


8.4.1 It is expressly understood and agreed, by and between the Contractor and Owner, that the time for

the completion of the Work described herein is a reasonable time for the completion of same, taking into

consideration the average climatic range and usual industrial and/or residential conditions prevailing in

this locality. If the said Contractor shall neglect, fail or refuse to complete the Work within the times

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 $500.00, not as a

penalty but as liquidated damages for such breach of contract, for each and every calendar day that the

Contractor shall be in default after the time stipulated for completing the Work. The said amount is fixed

and agreed upon by and between the Contractor and the Owner because of the impracticability and

difficulty of fixing and ascertaining the actual damages the Owner would in such event sustain, and said

amount is agreed to be the amount of damages which the Owner would sustain and said amount shall be

deducted by the Owner from periodic payments.

ARTICLE 9 - PAYMENTS AND COMPLETION

9.1 CONTRACT SUM

9.1.1 In subparagraph 9.1.1, change "total" in line two to "maximum".

9.2 SCHEDULE OF VALUES

Add the following Subparagraph 9.2.1.1:

9.2.1.1 The Schedule of Values shall contain separate items broken down in such form as to be organized to

conform to the Architect's and Owner's requirements, and shall be revised if later found by the Architect to

be inaccurate. Schedule of Values shall be prepared in such a manner that each major item of work and

each subcontracted item of work is shown as a single line item on AIA Document G703, Certificate of

Payment, Continuation Sheet. In addition, the Contractor shall submit to the Architect, at least 14 days

before the first Application for Payment, a Cash Flow Schedule 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.

9.2.1 Add new subparagraph as follows:

9.2.1 The Cash Flow 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 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 APPLICATION FOR PAYMENT

9.3.1 Change Paragraph 9.3.1 entirely to read as follows:

9.3.1 A preliminary Application for Payment shall be submitted to the Architect and Project Representative for

prior approval at least ten (10) days before the date set for submittal of the formal Application for Payment.


Applications for Payment which have not had proper review and approval by the Architect will be rejected.

On the First of each month, or as otherwise scheduled each month, the Contractor shall deliver to the

Architect by hand or registered or certified mail seven (7) itemized and duly notarized Applications for

Payment and updated Progress Schedule, supported by such data substantiating its accuracy as the Owner

or the Architect may require, and reflecting retainage as provided in Paragraph 9.3.1.3 as supplemented.

Such Application for Payment shall be submitted on an AIA G702 and G703 or other form acceptable to the

Architect. The Application for Payment form shall show separately:

a. The value of labor and materials incorporated in the Work.

b. The value, kind, and quantity of each item of material or equipment not incorporated in the Work but

delivered and suitably stored at the site.

c. The value, kind, and quantity of each item of material or equipment not incorporated in the Work but

suitably stored at some other location agreed upon in writing.

d. All Change Orders "approved" up to the date of the Application for Payment. "Approved" means the the

Change Order has been signed by the Owner.

e. All Periodic Applications for Payment shall be accompanied by Contractor's invoice breaking down the total

value of the work of the Application into labor, material and taxes. Periodic and Final Payment will be

held by the Owner until the above described invoice is submitted.

f. General Contractor shall collect and forward all payroll reports from all Contractors to the Awarding

Authority or Owner’s Project Manager concurrent with Applications for Payment to the Architect.

9.3.1.2 Add the following at the end of sub-paragraph 9.3.1.2:

“unless Contractor asserts in writing in an Application for Payment that an unpaid claim of a Subcontractor,

laborer, or material man is in dispute as to the amount owed (in which event Owner shall have the right to

withhold payment of the disputed amount if the Architect and Contractor agree). Owner shall have the right,

but not the obligation, to pay any such unpaid claim by check payable to Contractor and the claiming party,

and any such payment shall be a pro tanto discharge of Owner's obligation to pay Contractor hereunder.”

Add the following Sub-Paragraph 9.3.1.3:

9.3.1.3 Until Substantial Completion, the Owner shall pay the Contractor ninety-five percent (95%) of the amount

due the Contractor on account of progress payments.

9.3.2 Add the following sentence at the end of Sub-paragraph 9.3.2:

The Contractor shall reimburse the Owner for any loss or damage to such unincorporated materials or

equipment not covered by insurance, and the Owner may deduct the amount from any payment due the

Contractor.

9.3.3 Change the first sentence of Sub-paragraph 9.3.3 to read as follows

The Contractor warrants that title to all Work covered by an Application for Payment will pass to the Owner

either by incorporation in the construction or upon the receipt of payment by the Contractor, whichever

occurs first, free and clear of all liens, claims, security interests or encumbrances, hereinafter referred to in

this Article 9 as "liens". The Contractor further agrees that the submission of any application for payment

shall conclusively be deemed to waive all liens with respect to said work to which the Contractor may then

be entitled, provided that such waiver of the lien rights shall not waive the Contractor's right to payment for

such work.


9.3.4 Add the following Sub-Paragraphs 9.3.4 through 9.3.6:

9.3.4 In no event may materials or equipment be deemed delivered and suitably stored at the site, or at some other

location unless agreed upon in writing. (Owner may grant or withhold such approval in its sole and absolute

discretion), and there shall be no approval unless the following requirements are met:

.1 The materials or equipment are ready for and actually scheduled for prompt use, as so-called

stockpiling is expressly forbidden, except as otherwise specified or permitted by the Architect;

.2 The materials or equipment meet the requirements of the Contract Documents and required

submittals have been approved by the Architect;

.3 The Contractor can and will adequately protect the materials or equipment until they are

incorporated in the work;

.4 The Contractor will pay storage and delivery charges and related expenses if materials or

equipment are stored at some other location agreed upon in writing;

.5 The Contractor provides a detailed invoice indicating materials, quantities, values, unit prices and

location of materials that can be verified by the Project Representative prior to the presentation of

the request for payment of stored materials;

.6 The name of the Contractor and/or Subcontractor leasing or owning the storage area;

.7 The location of such storage space, including the storage area; i.e. the entire premises or certain

areas of a warehouse giving the number of floors or portions thereof, and a certification that the

Contractor has visited such location, verified the storage of such material therein or thereon, and

made payment of all current storage charges;

.8 The date on which the material is first stored.

9.3.5 Each Application for Payment or periodic estimate requesting payment shall be accompanied 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. The Contractor shall furnish the

Contractor's own written explanation to the Owner through the Architect. Such waiver or certificate shall be

in a form acceptable to the Owner.

9.4.1 Insert at the beginning of the first sentence as follows:

Subject to the Contractor’s compliance with paragraph 9.3 and the provisions of paragraph 9.6,

9.5 DECISIONS TO WITHHOLD CERTIFICATION

9.5.1 In subparagraph 9.5.1 change item .6 and add new items .8, .9, and .10 as follows:

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 damages

for the anticipated delay;


8. a lien or attachment is filed contrary to subparagraph 4.5.9, or a direct payment demand is made

by a subcontractor or there is reasonable evidence such a demand will be made; or

9. failure of any trade including site trade(s), mechanical trade or electrical trade subcontractors to

comply with mandatory requirements for maintaining Record Drawings. The Contractor shall

check Record Drawings each month. Written confirmation that the Record Drawings are current

will be required by the Architect before approval of the Contractor's monthly payment requisition.

10. failure of the Contractor to provide the proper manifests for the transportation and disposal of

hazardous materials, including, but not limited to, removed oil tanks, asbestos, lead, PCB and

PCB-containing ballasts.

9.5.3 Delete subparagraph 9.5.3

9.6 PROGRESS PAYMENTS

9.6.3 Delete subparagraph 9.6.3.

9.6.4 Delete “If the Contractor fails to furnish such evidence within seven days,” from the beginning of the

second sentence; and change last sentence of subparagraph 9.6.4 to read as follows:

Neither the Owner nor Architect shall have an obligation to pay or to see to the payment of money to a

Subcontractor, Sub-subcontractor or material supplier, except as otherwise provided by MGL C.30, Section

39F.




9.6.8 Notwithstanding the provisions of Section 9.6 all progress payments shall be made in accordance

with Chapter 30, Sections 39F, 39G and 39K (as appropriate) of the General Laws of the Commonwealth

of Massachusetts, as amended.

9.7 FAILURE OF PAYMENT

9.7 Delete subparagraph 9.7

9.8 SUBSTANTIAL COMPLETION

9.8.1 Add at the end of subparagraph 9.8.1:

"and only minor items which can be corrected or completed without any material interference with the

Owner's use of the Work remain 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

applicable 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.

9.8.1.1 Add subparagraph 9.8.1.1 as follows:


“As a condition precedent to Substantial Completion, Owner shall have received a Certificate of Occupancy

(which may be temporary if allowed in the jurisdiction where the project is located) and all other permits,

approvals, licenses or other documents issued by Authorities Having Jurisdiction. As a condition precedent

to Final Completion, Owner shall have received (1) a permanent Certificate of Occupancy; (2) all “as built”

drawings; and (3) all guaranties and warranties, as are required by the terms of the Contract Documents,

including without limitation any guaranties and warranties arising out of any of the Work performed by the

Subcontractors.

9.8.2 Replace subparagraph 9.8.2 with the following:

9.8.2 When the Contractor considers that the Work, or a portion thereof designated in the Contract Documents for

separate completion, is substantially complete and the premises comply with subparagraph 9.8.1, the

Contractor shall submit to the Architect (1) a complete list of items to be completed or corrected, (2) all

special warranties required by the Contract Documents, endorsed by 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 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, using AIA form G704, current edition, 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 Contract or 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.

9.8.3 Add the following Clause 9.8.3.1 to Subparagraph 9.8.3:

9.8.3.1 Except with the consent of the Owner, the Architect will perform no more than two (2) total inspections to

determine whether the Work or a designated portion thereof has attained Substantial Completion in

accordance with the Contract Documents. The Owner shall be entitled to deduct from the Contract Sum

amounts paid to the Architect for any additional inspections.

9.8.4 Delete sub-section 9.8.5 and replace as follows:

§ 9.8.5 The Certificate of Substantial Completion shall be submitted to the Owner and Contractor by the

Architect. The certificate shall state the date of substantial completion, shall state any consequent

responsibilities of the Contractor and the Owner in accordance with the Contract Documents. The

Contractor shall complete and correct any incomplete and defective work within forty-five (45) calendar

days from the date of Substantial Completion

9.8.6 Add new sub-section 9.8.6 as follows:

§ 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


The Owner may occupy or use any completed or partially completed portion of the Work at any stage. 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

determined by the Architect.


9.10 FINAL COMPLETION AND FINAL PAYMENT

Add the following to Subparagraph 9.10.1.1:

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. Except with the consent of the Owner, the Architect will

perform no more than two (2) total inspections to determine whether the Work or a designated portion

thereof has attained Final Completion in accordance with the Contract Documents. The Owner shall be

entitled to deduct from the Contract Sum amounts paid to the Architect for any additional inspections.

9.10.2 Replace the second sentence of subparagraph 9.10.2 with the following:

If the Contractor fails to furnish such releases or waivers as the Owner reasonably requires to satisfy the

Owner that there are no outstanding liens, the Owner may require the Contractor, as a condition of final

payment and at the Contractor's expense, to furnish a bond satisfactory to the Owner to indemnify the Owner

against any such liens.

9.10.3 Delete sub-sections 9.10.3 and 9.10.4.

-9.10.4

9.10.5 Insert “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,” after “claims that payee”

9.11/ 9.12 Add the following paragraphs 9.11 and 9.12 to Article 9:

9.11 STATUTORY PAYMENT PROVISIONS

9.11.1 After the Architect has issued a Certificate for Payment the Owner shall make payment to the Contractor in

accordance with M.G.L. c.30 sec. 39K which provides as follows:

9.11.1 Within 15 days after receipt from the Contractor, at the place designated by the Owner if such a place is so

designated, of a periodic estimate requesting payment of the amount due for the preceding month, the Owner

will make a periodic payment to the Contractor for the Work performed during the preceding month and for the

materials not incorporated in the Work but delivered and suitably stored at the site (or at some location agreed

upon in writing) to which the Contractor has title or to which a Subcontractor has title and has authorized the

Contractor to transfer title to the Owner, less (1) a retention based on its estimate of the fair value of its claims

against the Contractor and less (2) a retention for direct payments to Subcontractors based on demands for same

in accordance with the provisions of Section 39F, and less (3) a retention not exceeding five percent (5%) of the

approved amount of the periodic payment.

9.11.2 After the receipt of a periodic estimate requesting final payment and within 60 days after (a) the Contractor

fully completes the Work or substantially completes the work so that the value of the Work remaining to be

done is, in the estimate of the Owner, less than one percent (1%) of the original Contract Price, or (b) the

Contractor substantially completes the Work and the Owner takes possession for occupancy, whichever occurs

first, the Owner shall pay the Contractor the entire balance due on the Contract less, (1) a retention based on its

estimate of the fair value of its claims against the Contractor and of the cost to complete the incomplete and

unsatisfactory items of Work less (2) a retention for direct payments to Subcontractors based on demands for

same in accordance with the provisions of Section 39F, or based on the record of payments by the Contractor to

the Subcontractors under this Contract if such record of payment indicates that the Contractor has not paid

Subcontractors as provided in Section 39F.

9.11.3 If the Awarding Authority fails to make payment as herein provided, there shall be added to each such payment

daily interest at the rate of three percentage points above the rediscount rate then charged by the Federal

Reserve Bank of Boston commencing on the first day after said payment is due and continuing until the


payment is delivered or mailed to the Contractor; provided, that no interest shall be due, in any event, on the

amount due on a periodic estimate for final payment until fifteen days after receipt of such a periodic estimate

from the Contractor, at the place designated by the Owner if such a place is so designated. The Contractor

agrees to pay to each Subcontractor a portion of any such interest paid in accordance with the amount due each

Subcontractor.

ARTICLE 10 - PROTECTION OF PERSONS AND PROPERTY

10.2 SAFETY OF PERSONS AND PROPERTY

10.2.1 In subparagraph 10.2.1.2, delete the word "and" at the end of the subparagraph. In subparagraph 10.2.1.3,

add the word "and demolition" to the end of subparagraph.

10.2.1.4. Add new subparagraph 10.2.1.4 as follows:

“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 Replace subparagraph 10.2.5 with the following:

10.2.5 The Contractor shall promptly remedy damage and loss to property referred to in clauses 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 Add new subparagraphs 10.2.9 through 10.2.15 as follows:

10.2.9 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.

10.2.10 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, filtration, legal disposal and other equipment and labor necessary to this end at no

additional cost to the Contract.

10.2.10.1 Contractor shall protect all fire hydrants, gas meters, manhole(s), roofing, canopies, catch basins,

dumpsters and dumpster pads, fuel, fuel oil tanks, fuel oil tank aprons, bollards, fencing, curbs, concrete

or asphalt, landscaping or sitescaping, etc., from damage.

10.2.11 The Contractor shall remove snow and ice which might result in damage or delay.

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 if authorized in writing at Owner’s

discretion, unless otherwise provided in the Contact Documents. If ventilation system is used during

construction,

Contractor shall replace all effected filters upon substantial completion as part of this Contract. [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.


10.2.13 The Contractor must comply with Dig-Safe laws. Dig-Safe is the Utility Underground Plant Damage

Prevention System, 111 South Bedford Road, Burlington, MA 01803, 1-800-322-4844. The Contractor

must notify Dig-Safe of contemplated excavation, demolition, or explosive work in public or private ways,

and in any utility company right of way or easement, by certified mail, with a copy to Department of

Environmental Protection (DEP). This notice must be given at least 72 hours prior to the work, but not

more than sixty days before the work is to be done. Such notice shall state the name of the street or the route

number of the way and an accurate description of the location and nature of the proposed work. Dig-Safe is

required to respond to the notice within 72 hours of receipt by designating the location of pipes, mains, wires

or conduits at the site. The Contractor shall not commence work until Dig-Safe has responded. The work

shall be performed in such manner and with reasonable precautions taken to avoid damage to utilities

under the surface at the work location. The Contractor shall provide the Superintendent with current Dig-

Safe regulations, and a copy of

M.G.L. c.82 sec. 40. Any costs related to the services performed by Dig-Safe shall be borne by the

Contractor.

10.2.14 This project is subject to compliance with Public Law 92-596 "Occupational Safety and Health Act of

1970" (OSHA), with respect to all rules and regulations pertaining to construction, U.S. Code Title 29,

sections 651 et. seq. including Volume 36, numbers 75 and 105, of the Federal Register as amended, and as

published by the

U.S. Department of Labor.

10.2.15 If this Project requires the containment or removal of asbestos or material containing asbestos, the

Contractor shall ensure that the person or company performing the asbestos related services is licensed

pursuant to applicable State and Federal laws and regulations.

10.3.1 Delete the second sentence and replace as follows:

The Contractor shall not cause or permit any introduction onto, under, or near the Owner’s property of any

hazardous materials or substances as defined by any applicable law, and shall not cause of permit any

release, discharge, transportation, storage, or disposal of such materials or substances onto, under, or near

the Owner’s property or areas near the Owner’s property. If the Contractor encounters or recognizes on

the site any material known or reasonably believed to be hazardous, including but not limited to asbestos

or polychlorinated biphenyl (PCB), the Contractor shall immediately stop Work in the area affected and

report the condition to the Owner and Architect in writing. The Contractor and the Owner shall cooperate

in implementing measures to remove or contain said material and the Contractor shall comply with all

directions of the Architect in the implementation of such removal or containment.

10.3.2 Delete subparagraphs 10.3.2, 10.3.3, and 10.3.4.

10.3.5 Delete the remainder of the sentence starting after “obligations under” and replace as follows:

Article 10 or for any violation of applicable law related to the Contractor’s noncompliance with the

provisions of this Article 10.



10.3.7 The parties anticipate that certain hazardous substances and/or materials may be discovered at the

site. When such conditions are set forth in the Contract Documents, the Contractor acknowledges that

such conditions have been considered in establishing the Contract Time and Contract Sum. No extension

of the Contract Time or increase in the Contract Sum shall be claimed or allowed with respect to any

hazardous substances or materials located at the site which were disclosed in the Contract Documents.

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.

ARTICLE 11 - INSURANCE AND BONDS

11.1 CONTRACTOR’S LIABILITY INSURANCE


11.1.1-11.1.4 Delete in its entirety and substitute the following:

11.1.1 The Contractor shall carry and continuously maintain until completion of the Contract, insurance as

required in the Contract Documents, and in such form as shall protect him performing the Work covered

by this Contract, and the Owner (Town of Burlington) and its employees, agents and officials, from all

claims and liability for damages for bodily injury, including accidental death, and for property damage,

which may arise from operations under the Contract Document. The Contractor covenants and agrees to

hold the Owner and its employees, agents and officials harmless from loss or damage due to claims for

personal injury and/or property damage arising from, or in connection with operations under the Contract.

Failure to provide and continue in force such insurance as aforesaid shall be deemed a material breach of

the Contract.

11.1.2 The Contractor agrees to indemnify and save harmless the Owner from any and all lawsuits, claims, or

demands arising out of any negligent acts, errors, or omissions by the Contractor (including all its

employees, agents, subcontractors, representatives, consultants, and persons for whom the Contractor is

responsible) in its performance of the Work, or out of any breach of the terms of the Contract by the

Contractor, and shall reimburse the Owner for any and all costs, damages and expenses, including

reasonable attorney's fees, that the Owner pays or becomes obligated to pay, by reason of such acts, errors,

omissions, or breach. The provisions of this Section 11.1.2 shall be in addition to, and not in limitation of,

any other legal rights and remedies available to the Owner, and shall survive termination or expiration of

the Contract.

11.1.3 Before commencing work the Contractor shall obtain and maintain at its expense during the term of the

Contract the insurance set forth below from insurance companies having an A.M. Best Rating of A or

better that are licensed to do business in Massachusetts and satisfactory to the Owner. If the Contractor is

permitted to subcontract a material portion of the Work (as reasonably determined by the Owner) the

Contractor shall cause such subcontractor to also maintain the following insurance.

(a) Workers’ Compensation, covering the obligations of the Contractor in accordance with

applicable Workers' Compensation or Benefits laws, and satisfying the following requirements:

1. Statutory Coverage for States of Operation

2. Coverage should extend to all directors, officers and/or owners of the independent

contractor ownership entity.

3. Coverage should extend to volunteer workers.

4. USLH and Jones Act coverage should be included (if applicable).

5. Employers Liability with minimum limits of $500,000 Each Accident / $500,000 Policy Limit /

$500,000 / $500,000 Each Employee.

6. Include Waiver Of Our Right To Recover From Others Endorsement (WC 00 03/13)

(b) Commercial Automobile Liability Insurance of not less than $1 million combined single limit

covering owned, hired and non-owned vehicle use. The policy shall include the Owner (Town of

Burlington), including all employees and volunteers, as additional insureds.

The policy shall include a CA9948 Pollution Endorsement and shall name the Owner (Town of

Burlington) as Additional Insured if there is hazardous material transportation.

(c) Comprehensive General Liability insurance policies written on an occurrence basis to include

all subcontractors with minimum limits as set forth below.

General Aggregate $2,000,000

Products/Completed Operations Aggregate $2,000,000

Personal and Advertising Injury $1,000,000

Each Occurrence $1,000,000

Fire Damage Legal Liability $ 300,000


Medical Expenses $ $5,000

10,0

00

(d) Umbrella Liability insurance policy written on an occurrence basis to include all subcontractors

with minimum limits as set forth below.

General Aggregate, including Products/Completed Operations $4,000,000

Each Occurrence $4,000,000

Umbrella to provide excess coverage over General Liability, Automobile Liability and Employers

Liability

(e) Pollution Liability - The Contractor shall provide coverage for bodily injury and property

damage resulting from liability arising out of pollution related exposures such as asbestos abatement,

lead paint abatement, tank removal, removal of contaminated soil, etc.

The Owner shall be named as an additional insured and coverage must be on an occurrence basis. The

minimum amount of coverage shall be $1,000,000 per occurrence and $2,000,000 in the aggregate unless a

higher limit is specified or requested, in which case the Contractor shall provide the additional coverage.

(f) Such additional insurance as may be required to be carried by the Contractor by law.

(g) Special Considerations:

1. Any deductible and/or self-insured retention which is applicable to the policy form must be disclosed

and approved by the Owner.

2. The Owner (Town of Burlington), including all subsidiaries and affiliates; and “all directors, officers,

employees and volunteers of all such entities” must be listed as an additional insured via both ISO

endorsements CG2010 (ed. 2004 or later) and CG2037 (ed. 2004 or later) or equivalents.

3. The Contractor shall maintain such insurance during the term of the Contract and give the Owner

twenty (20) days written notice of any change or cancellation of coverage. Each insurer providing policies

hereunder shall waive its rights to subrogate claims against the Owner.

4. All liability policies shall be primary and non-contributory.

5. Certificates shall show each type of insurance, insurance company, policy number, amount of insurance,

deductibles and/or self-insured retentions, and policy effective and expiration dates.

6. 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.

11.1.4 Insert “the Owner’s Project Manager,” after “(1) the Owner,”.

11.2 Delete this Subparagraph and substitute 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, agents and consultants against any and all claims which

may arise from operations under the Contract or relating thereto.

11.3 PROPERTY INSURANCE

11.3.1. Modify the first sentence of Subparagraph 11.3.1 as follows: Delete "Unless otherwise provided, the Owner:

and substitute "The Contractor". Add the following sentence at end of subparagraph 11.3.1:

"If the Owner is damaged by the failure of the Contractor to purchase and maintain such insurance without so


notifying the Owner in writing, then the Contractor shall bear all reasonable costs attributable thereto".

11.3.1.1 Delete subparagraph 11.3.1.1,

11.3.1.2 Delete this Paragraph 11.3.1.2.

11.3.1.3 Modify Paragraph 11.3.1.3 by substituting "Contractor" for "Owner".

11.3.1.4, and 11.3.1.5 Delete in their entirety.

11.3.2 Delete this Paragraph 11.3.2.

11.3.3 Delete this subparagraph 11.3.3:

11.3.4 Delete this paragraph 11.3.4.

11.3.5 Delete this paragraph 11.3.5.

11.3.6 Delete Paragraph 11.3.6 in its entirety and substitute the following:

The Contractor shall file the original and one certified copy of all policies with the Owner on or before

the date of the Notice to Proceed by the Owner. If the Owner is damaged by the failure of the Contractor

to maintain such insurance and to so notify the Owner, then the Contractor shall bear all reasonable costs

properly attributable thereto.


11.3.8 Delete the first sentence.




11.3.11 The Owner shall have the power to adjust and settle with its insurers any loss for which it has

obtained insurance.

Upon the occurrence of an insured 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 a loss no other special agreement is made, replacement of damaged work

shall be covered by an appropriate change order.

11.4 PERFORMANCE BOND AND PAYMENT BOND

11.4.1 Delete Subparagraph 11.4.1 and substitute the following:

11.4.1 The Contractor shall furnish a Performance Bond and Labor and Material Bond for 100% of the Contract

amount, written by a Surety licensed to do business in the Commonwealth of Massachusetts, and the

cost thereof shall be included in the Contract amount.

11.4.1.1 The Contractor shall deliver the required bonds to the Owner on or before the date the Agreement is entered

into, or if the Work is to be commenced prior thereto 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 thereto 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 Add at the end of subparagraph 12.2.1:

"including any cost, loss, or damages to the Owner resulting from such failure or defect".


11.3.11 The Owner shall have the power to adjust and settle with its insurers any loss for which it has

obtained insurance.

Upon the occurrence of an insured 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 a loss no other special agreement is made, replacement of damaged work

shall be covered by an appropriate change order.

12.3 ACCEPTANCE OF NONCONFORMING WORK

Add the following paragraph 12.3.1:Neither the final certificate of payment or any provisions in the

Contract Documents for partial or entire use or occupancy of the premises by the Owner shall constitute

an acceptance of work not done in accordance with the Contract Documents or relieve the Contractor or

his sureties of liabilities in respect to any warranties or responsibilities for faulty materials or

workmanship. The Contractor or his Sureties shall remedy any defects in the work and pay for any

damage to other work resulting therefrom which shall appear within a period of one year from the date

of final acceptance, unless a longer period is specified. The Contractor shall take prompt action to remedy

these defects and the work of correcting defects shall be started within 72 hours of notice of observed

defects.

12.3 Add the following new paragraph 12.4:

12.4 SPECIAL GUARANTEES AND WARRANTIES

12.4.1 All guarantees and warranties required in the various Sections of the Specifications which originate with a

Subcontractor or manufacturer must be delivered to the Architect before final payment to the Contractor

may be requested for the amount of that subtrade or for the phase of Work to which the guarantee or

warranty relates.

12.4.2 The failure to deliver a required guarantee or warranty shall be held to constitute a failure of the

Subcontractor to fully complete his Work in accordance with the Contract Documents.

12.4.3 The Contractor's obligation to correct Work as set forth in Paragraph 12.2 is in addition to, and not in

substitution of, such guarantees or warranties as may be required in the various Sections of the

Specifications.

ARTICLE 13 - MISCELLANEOUS PROVISIONS

13.1 GOVERNING LAW

13.1 Delete all words after word “located”

13.1 Add the following subparagraphs 13.1.1 through 13.1.4:

13.1.1 It is the Contractor's responsibility to perform, furnish, and install all work described or required in the

Contract Documents in accordance with all applicable laws, state or federal, and all applicable ordinances,


codes, rules, and regulations of the municipality wherein the project is to be constructed, or any public board

or officer having jurisdiction, regulation, or control over any work to be done hereunder. Cost for changes

in the requirements of the Construction Drawings or Specification required to achieve regulatory

compliance, as described above, shall be borne by the Contractor and included in the scope of work of the

construction Contract.

13.1.2 The Building Code for the Commonwealth of Massachusetts, latest edition, unless noted otherwise, shall

be the minimum required for all work, but the Specifications shall govern wherever the Specification

requirements are in excess of, greater than, or more stringent than code requirements and are permitted

under the code. The Contractor and Superintendent by specific licensing in the State of Massachusetts are

deemed to be knowledgeable in the MA Building Code: 780 CMR.

13.1.3 Every provision required by law to be inserted herein, and especially those required by M.G.L., Ch. 30

and 149, as amended, shall be incorporated herein by reference, to the extent that such is not already

included herein, as if it were set forth herein in its entirety. These documents shall be read and enforced as

though such provisions were included herein, and if, through mistake or otherwise, such provision is not as

inserted or is incorrectly inserted, then, upon the application of either party, those documents shall be

amended to meet the requirements of law.

13.1.4 In the event of any conflict between the provisions of these documents and the Massachusetts provisions

required to be inserted herein, such latter provisions shall control.

13.2 SUCCESSORS AND ASSIGNS

13.2.1 Replace the second sentence of subparagraph 13,2.1 with the following:

Except as hereinafter provided, neither party to the Contract shall assign the Contract or sublet it as a whole

without the written consent of the other, nor shall the Contractor assign any moneys due or to become due

to him hereunder, without the previous written consent of the Owner. The Owner may assign the Contract to

any institutional lender providing construction or permanent financing for the Project or to any person

acquiring the Owner's interest in the Project, and the Contractor agrees to execute all consents, certificates,

and other documents required by such lender or other person in connection with such assignment.

13.2.2 Delete sub-section 13.2.2.


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 subparagraph 15.1.4, are reserved to the Owner after the making and acceptance

of final payment, shall automatically transfer to such third party.

13.5 TEST AND INSPECTIONS

Change subparagraph 13.5.4 to read as follows:

13.5.4 The Contractor shall obtain and deliver promptly to the Architect any Certificate of Occupancy permit and

any certificates of final inspection or testing 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. Receipts of transportation

and disposal manifests are required to be forwarded to the Architect for all hazardous and regulated wastes.

Receipt of such permits or certificates by the Architect shall be a condition precedent to Substantial

Completion of the Work.

13.5.5 Add the following sentence to subparagraph 13.5.5;


The Contractor shall provide the Architect seventy-two (72) hours written notice prior to each test,

inspection or report.

Add new subparagraphs 13.5.7 through 13.5.9 as follows:

13.5.7 The Contractor shall furnish promptly, without additional charge, all reasonable facilities, labor and

materials necessary for safe and convenient inspection and tests that may be required by the Architect. All

inspections and tests shall be performed in such manner as not to unnecessarily delay the Work. Special,

full-size and performance tests shall be as described in the Contract Documents.

13.5.8 The Contractor shall keep the Architect informed of the progress of the Work. No work shall be closed or

covered until it has been duly inspected and approved. Should uninspected work be covered, the Contractor

shall, at his own expense, uncover all such work so that it can be properly inspected and after such

inspection, he shall properly repair and replace all work interfered with.

13.7 Delete paragraph 13.7.

13.8 Add following paragraphs 13.8 through 13.13 to Article 13:

13.8 EQUAL OPPORTUNITY

The Contractor and all Subcontractors shall not discriminate against any employee or applicant for

employment because of race, religion, color, sex, national origin, or age. The Contractor shall take

affirmative action to insure that applicants are employed, and that employees are treated during employment,

without regard to their race, religion, color, sex, national origin, or age. Such action shall include, but not be

limited to the following: employment, upgrading, demotion or transfer; recruitment or recruitment

advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training

including conspicuous places available to employees and applicants for employment notices setting forth the

policies of nondiscrimination.

13.9 OSHA

All Contractors submitting bids must (where applicable) be in compliance with OSHA Regulation 29 CFR

Part 1910.146, The Confined Space Standard. Contractors must also adhere to the Massachusetts

Department of Labor and Workforce Development Regulation 454 CMR Part 22 - Work in Confined

Spaces.

13.10 LIMITATION OF LIABILITY

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) 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.

13.11 PREVAILING WAGE RATES

The Commissioner of the Department of Labor and Workforce Development has established the Schedule

found in the Contract Requirements of the Specifications, listing the prevailing minimum wage rates that must

be paid to all workers employed on the Contract. Such Schedule shall continue to be the minimum rate of wages

payable to workers on this Contract throughout the term of the Contract. The Contractor shall not have any claim

for extra compensation from the Owner if the actual wages paid to employees on the Contract exceeds the rates

listed on the Schedule. Certified payrolls must be submitted to the Owner's Project Manager (OPM) on a

weekly basis. If the OPM does not have all payrolls for the time period submitted on the application for

payment, OPM will withhold payment until such time the certified payrolls are received.

13.12 EIGHT HOUR DAY AND LODGING


13.12.1 No laborer, workman, mechanic, foreman or inspector working in the employment of the Contractor,

Subcontractor or other person doing or contracting to do the whole or part of the Work, shall be required or

permitted to work any more than eight hours in any one day, or more than 48 hours in any one week, or more

than six days in any one week, except in cases of emergency.

13.12.2 Every employee on the Work shall lodge, board, and trade where and with whom he/she elects, and the

Contractor and any Subcontractor shall not directly or indirectly require, as a condition of employment, that an

employee lodge, board, or trade at a particular place or with a particular person.

13.13 EXECUTIVE ORDERS

The Contractor shall comply with the provisions of M.G.L. c.151B; Executive Order No. 227, Governor's Code

of Fair Practices, amending and Revising Executive Orders No. 116 and 117; Executive Order No. 524

Establishing he Massachusetts Supplier Diversity Program (SDP), Executive Order 52, Order regarding Non-

Discrimination, Diversity, equal Opportunity, and Affirmative Action; pertaining to minority and women owned

business enterprises, Executive Order 527 establishing the Office of Access and Opportunity and Executive

Order 481, prohibiting the use of undocumented workers on state contracts and all regulations promulgated

pursuant thereto; Executive Order No. 246 pertaining to the handicapped and all regulations promulgated

pursuant thereto. The aforementioned law, Executive Orders, and regulations are incorporated herein by

reference and made a part of this Contract.

Add new paragraph 13.14 as follows

13.14 CONFLICT OF INTEREST

13.14.1 The Contractor covenants, that (2) presently, there is no financial interest and shall not acquire any such

interest, direct or indirect, which would conflict in any manner or degree with the performance of

services required to be performed under this Agreement or which would violate M.G.L. c268A, as

amended; (2) in the performance of this Contract, no person having any such interest shall be employed by

the Contractor or engaged as a subcontractor by the contractor; and (3) no partner or employee of the

firm is related by blood or marriage to any board Member or employee of the Awarding Authority.

Add new paragraph 13.15 as follows

13.15 DEFENSE OF SUITS

13.15.1 The Contractor shall be responsible for, shall defend and pay all costs, attorneys' fees and liabilities

both direct and indirect as a result of suits arising out of this Contract.

13.15.2 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.

13.15.3 The Contractor shall indemnify and hold harmless the Owner and the Architect and their agents and

employees from the against all claims, damages, losses, and expenses including attorneys' fees arising out

of resulting from the performance of the work.

ARTICLE 14 - TERMINATION OR SUSPENSION OF THE CONTRACT

14.1 TERMINATION BY CONTRACTOR

14.1.1 Delete subparagraphs 14.1.1.2, 14.1.1.3 and 14.1.1.4.


14.1.3 Revise subparagraph 14.1.3 as follows:

If one of the above reasons exists, the Contractor may, upon seven additional days written notice to the

Owner, Owner's Project Manager, and Architect, terminate the Contract and recover from the Owner


payment for the Work executed and for all materials or equipment no 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.

14.1.4 Delete this subparagraph

14.2 TERMINATION BY THE OWNER FOR CAUSE

14.2.1. Delete “repeatedly” from subparagraphs 14.1.1.1 and 14.2.1.3. Add the following subparagraphs after

subparagraph 14.2.1.4:

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 that was

submitted by the Contractor pursuant to subparagraph 3.10.1, and to be completed by the

respective dates.

6. 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 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, 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 Paragraph 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.

14.2.2 Delete the phrase ", upon certification by the initial decision maker that sufficient cause exists to justify

such action, " in first sentence.

14.2.2.3 Delete the second sentence of this subparagraph.

14.2.4 In the first sentence:

Insert “all costs and losses incurred by the Owner on account of the Contractor’s failure to comply with the

Contract Documents and” after “the Work, including”.

Insert “and Owner’s Project Manager’s” after “for the Architect’s”.

Delete the last sentence of the sub-section and replace as follows:

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 Delete Paragraph 14.3 in its entirety and substitute the following:

14.4.3 Delete subparagraph 14.4.3 and substitute the following:


In the event that the Contract is terminated pursuant to paragraph 14.1, the Contractor shall be reimbursed

in accordance with the Contract Documents for all compliant Work performed up to the termination date,

and for all suitable 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. In case

of such termination for the Owner’s convenience, the Contractor shall be entitled to receive payment from

the Owner on the same basis provided in subparagraph 14.1.3.

ARTICLE 15 – CLAIMS AND DISPUTES

15.1.2 Delete Subparagraph 15.1.2.1 and insert the following:

15.1.2 NOTICE OF CLAIMS

Contractor must initiate Claims within fourteen (14) 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.

15.1.3 Delete “Section 9.7 and” after “as provided in”.

Delete the final sentence.


15.1.4 If the Contractor claims that any acts or omissions of the Owner 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 acknowledgement by the Owner or Architect that extra payment

will be made or time extended on account thereof, the Contractor shall , within fourteen (14) calendar

days of the date of said acts or omissions, 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 Article 15 except, as provided in Paragraph 10.3, 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 considered valid unless the Contractor has so notified the Architect, before proceeding,

and has received the further written order to proceed.

15.1.5.1 In second sentence, delete “of cost and” after “include an estimate.” Add the following to the end of

subparagraph 15.1.5.1:

The Contractor shall have the burden of demonstrating the effect of the claimed delay on the Contract Time,

and shall furnish the Architect with such documentation relating thereto as the Architect may require.

Estimates of extension of time shall be accompanied by a schedule showing how the critical path has been

affected.

15.1.5.2 Delete Subparagraph 15.1.5.2.


If, before expiration of 30 days from the date of execution for this Agreement, the Owner obtains by

separate agreement and furnishes to the Contractor a similar mutual waiver of all claims from the Architect

against the Contractor for consequential damages which the Architect may incur as a result of any act or

omission of the Owner or Contractor, then the waiver of consequential damages by the Owner and

Contractor contained in this Subparagraph 4.3.10 shall be applicable to claims by the Contractor against the

Architect.


15.2.1 In the third sentence:

Delete “mediation” after “condition precedent to” and replace with “litigation”.

Delete the end of the sentence beginning after “payment is due”.

15.2.2 Delete subparagraph 15.2.2 and replace as follows:

15.2.2 The Initial Decision Maker will review Claims and within 30 days of the receipt of the Claim take

one or more of the following actions: (1) request additional supporting data from the Contractor; (2) notify

the Contractor that the Initial Decision Maker requires additional time to resolve the Claim; and/or (3)

reject the Claim in whole or in part.

15.2.3 Delete the last sentence.

15.2.4 Delete subparagraph 15.2.4 and replace as follows:

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 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 last sentence and insert 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 subparagraph 15.2.6 in its entirety

15.2.7 Delete the capitalized word, “Claim,” and replace with lower-case word, “claim,” in the first and second

sentences.


15.3 MEDIATION

Delete Article 15.3 in its entirety.

15.4 ARBITRATION

Delete Article 15.4 in its entirety.

ARTICLE 16 - EQUAL EMPLOYMENT OPPORTUNITY REQUIREMENTS

16.1 DEFINITIONS

For purposes of this Article 16, the following additional definitions shall apply:

16.1.1 "Minority" means Asian-Americans, Blacks, Western Hemisphere Hispanic Americans, North American

Indians, Eskimos and Aleuts, and Cape Verdeans.

16.1.2 "Commission" or "MCAD" refers to Massachusetts Commission Against Discrimination.


16.1.3 "E.E.O. Officer" or Equal Employment Opportunity Officer, means those persons designated by the Contractor,

the Owner, or any other agency or party having jurisdiction under this Contract, that serve in a capacity to

implement this Article.

16.2 CONDITIONS

16.2.1 The provisions of this Article 16 shall apply to the Contractor and all Subcontractors.

16.2.2 The Contractor shall post notices provided by the Commission, in conspicuous places, setting forth the

provisions of the Fair Employment Practices Law of the Commonwealth.

16.2.3 The Contractor shall undertake in good faith affirmative action measures designed to eliminate any

discriminatory barriers in the terms and conditions of employment on the grounds of race, color, religious

creed, national origin, ancestry, age, sex, physical/mental handicap, or sexual orientation, and to eliminate and

remedy any effects of such discrimination in the past. Such affirmative action shall entail positive and

aggressive measures to ensure equal opportunity in the areas of hiring, upgrading, demotion or transfer

recruitment, layoff or termination, rate of compensation, and in-service or apprenticeship training programs.

This affirmative action shall include all action required to guarantee equal employment opportunity for all

persons, regardless of race, color, religious creed, national origin, age or sex.

16.2.4 The Contractor shall not discriminate on grounds of race, color, religious creed, national origin, age, sex, or

other expressly protected classification under federal or state law in employment practices, in the selection

or retention of Subcontractors, or in the procurement of materials and rentals of equipment.

16.2.5 The Commission and a designee of the Owner shall have access to the construction site and all applicable

records of the Contractor and Subcontractors.

16.2.6 The Contractor's EEO Certificate must be signed by the Low General and all filed sub-bidders as a condition of

Contract validation by the Owner.

16.3 EQUAL OPPORTUNITY COMPLIANCE

The Contractor shall carry out the obligations of this Contract in compliance with all of the requirements

imposed by or pursuant to Federal, State, and local ordinances, statues, rules and regulations prohibiting

discrimination in employment including, but not limited to Title VII of the Civil Rights Act of 1964; the Age

Discrimination in Employment Act of 1967; Section 504 of the rehabilitation act of 1973, M.G.L., Chapter

151B, Massachusetts Executive Order 74 {as amended by Executive Orders 116, 153, and 227}, and any other

executive orders, rules, regulations, and requirements relating thereto enacted by the Commonwealth of

Massachusetts as they may from time to time be amended.

ARTICLE 17 - MINORITY OR WOMAN-OWNED BUSINESS ENTERPRISE SET ASIDE REQUIREMENTS

NOT APPLICABLE

END OF SC

Project #17C-220-0041

BURLINGTON FIRE STATION DEMOLITION

SECTION 003132 - GEOTECHNICAL DATA

1.1 GEOTECHNICAL DATA

A. A copy of the Geotechnical Report with respect to the building site is included within this Section dated: August 5, 2016 as prepared by

Terracon Consultants, Inc., Plainville, Massachusetts .

B. This report identifies properties of below grade conditions and offers recommendations for the design of foundations, prepared

primarily for the use of the Architect-Engineer.

C. The Contractor shall review this Geotechnical Report prior to submission of a Bid and be familiar with the conditions at the site and shall be

responsible for all related costs and expenses incurred as a result of conditions indicated or predicated in this Report or reasonably inferable

therefrom.

D. The recommendations as described are to assist bidders, and the selected Contractor, in understand the site conditions.

E. This Report, by its nature, cannot reveal all conditions that exist on the site. Should subsurface conditions be found to vary substantially

from this Survey, changes in the design and construction of foundations will be made, with resulting credits or expenditures to the Contract

Price/Sum accruing to the Owner.

END OF DOCUMENT 003132