00 72 00 General Conditions Contract Construction.pdf

v1.3-20260202 MGL c.149 Over $150K

Section 00 72 00

GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION

MGL c.149 Over $150K

TABLE OF CONTENTS

ARTICLE

1. DEFINITION OF TERMS

2. AWARDING AUTHORITY

3. CONTRACTOR

4. ADMINISTRATION OF THE CONTRACT

5. SUBCONTRACTORS

6. CONSTRUCTION BY AWARDING AUTHORITY/SEPARATE CONTRACT

7. CHANGES IN THE WORK

8. TIME, SCHEDULE, COMPLETION

9. PAYMENTS

10. GUARANTEES AND WARRANTIES

11. MISCELLANEOUS LEGAL REQUIREMENTS

12. CONTRACTOR ACCOUNTING REQUIREMENTS

13. EEO REQUIREMENTS

14. INSURANCE REQUIREMENTS

15. INDEMNIFICATION

16. PERFORMANCE AND PAYMENT BONDS

17. TERMINATION

Massachusetts Military Division Perform Asbestos Abatement Enlisted Barracks 5242 And 5243 Project #260219

3/23/2026

00 72 00 - 1 General Conditions Contract Construction

ARTICLE 1

DEFINITION OF TERMS

1.1 BASIC DEFINITIONS

1.1.1 THE CONTRACT DOCUMENTS

The Contract Documents consist of the Awarding Authority-Contractor Agreement, Advertisement, Instructions to Bidders, Bidding Documents, Contract Forms, General Conditions of the Contract for Construction, Specifications, Drawings, all addenda issued prior to execution of the Contract, and other documents listed in the Agreement and Modifications issued after execution of the Contract.

A Modification is (1) a written amendment to the Contract signed by both parties, (2) a Change Order, (3) a Construction Change Directive or (4) a written order for a minor change in the Work issued by the Prime Designer.

1.1.2 THE CONTRACT

The Contract Documents form the Contract for Construction. The Contract represents the entire and integrated agreement between the parties hereto and supersedes prior negotiations, representations, or agreements, either written or oral. The Contract may be amended or modified only by a Modification in writing and signed by the Awarding Authority, Prime Designer and General Contractor.

1.1.3 THE WORK

The term "Work" means the construction and services required by the Contract Documents, whether completed or partially completed, and includes all other labor, materials, equipment, and services provided or to be provided by the Contractor to fulfill the Contractor's obligations. The Work may constitute the whole or a part of the Project.

1.1.4 THE PROJECT

The Project is the total construction of which the Work performed under the Contract Documents may be the whole or a part and which may include construction by the Awarding Authority or by separate contractors.

1.1.5 THE DRAWINGS

The Drawings are the graphic and pictorial portions of the Contract Documents, wherever located and whenever issued, showing the design, location, and dimensions of the Work, generally including plans, elevations, sections, details, schedules, and diagrams.

1.1.6 THE SPECIFICATIONS

The Specifications are that portion of the Contract Documents consisting of the written requirements for materials, equipment, construction systems, standards, and workmanship for the Work, and performance of related services.

1.2 EXECUTION, CORRELATION, AND INTENT

1.2.1 Execution of the Contract by the Contractor is a representation that the Contractor has visited the site, become familiar with local conditions under which the Work is to be performed and correlated personal observations with requirements of the Contract Documents. Except as provided for in and authorized by M.G.L. c. 30, § 39N, no allowance will be made in the Contract or the Work under the Contract for failure of the Contractor to visit the site.

1.2.3. The intent of the Contract Documents is to include all items necessary for the proper execution and completion of the Work by the Contractor. The Contract Documents are complementary, and what is required by one shall be as binding as if required by all. Performance by the Contractor shall be required to the extent consistent with the Contract Documents and reasonably inferable from them as being necessary to produce the intended results. In case of inconsistent requirements in the Contract Documents, 00 72 00 - 2 the requirement for the greater quantity or higher quality shall take precedence and shall be the Contract requirement. In the event of any conflict or inconsistency between this contract, the Contract Documents and any Governing Laws and Building Code, the Governing Laws and Building Code shall prevail.

1.2.4. Unless otherwise stated in the Contract Documents, words which have well known technical, or construction industry meanings are used in the Contract Documents in accordance with such recognized meanings.

1.2.5. Where reference is made to standards or trade association publications, it shall be considered to refer to the latest edition and revision thereof, if any, in effect on the date the Contract Documents were advertised for bid.

1.3 USE OF DRAWINGS, SPECIFICATIONS, AND OTHER DOCUMENTS

The Drawings, Specifications and other documents prepared by the Prime Designer, and copies thereof furnished to the Contractor, are for use solely with respect to this Project. They are not to be used by the Contractor or any Subcontractor, Sub-subcontractor, or material or equipment supplier on other projects or additions to this Project outside the scope of the Work without the specific written consent of the Awarding Authority and the Prime Designer.

ARTICLE 2

AWARDING AUTHORITY

2.1 DEFINITION

The term "Awarding Authority", sometimes also referred to as the " Authority" or " Owner", means the entity identified in the Awarding Authority - Contractor Agreement, organized and existing under the provisions of M.G.L. The Awarding Authority shall designate in writing a person or persons with the authority to contractual act on behalf of the Awarding Authority. This person or these persons shall be the "authorized signatory". If the Awarding Authority designates more than one authorized signatory, then the Awarding Authority shall explicitly define the limits and scope of each individual's authority to contractually act on behalf of the Awarding Authority.

2.2 INFORMATION AND SERVICES TO BE PROVIDED BY THE AWARDING AUTHORITY

2.2.1 The Awarding Authority will furnish to the Contractor, free of charge, with a minimum of three (3) copies or a reasonable number of copies of the Contract Documents for the execution of the Work, including a set for record purposes. The Contractor shall provide and distribute such a quantity of prints as required for the Contractor's and Subcontractors' use. Upon written request, an electronic copy of the drawings (dwg files) will be made available to the Contractor or subcontractors for a fee of $350/discipline made payable to the Prime Designer. The Contractor acknowledges that electronic version of the documents may vary from the hard copy version in the Contract Documents. In the case of variations, the hard copy Contract Documents shall govern, and the Contractor is solely responsible for reconciling any discrepancies. Furthermore, the Contractor acknowledges that the electronic documents are for informational purposes only on the Project and neither the Awarding Authority nor the Prime Designer has any liability associated with the Contractor's use of the electronic documents.

2.2.2 The Awarding Authority shall furnish available surveys describing physical characteristics, legal limitations, and utility locations for the site of the Project, and a legal description of the site.

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2.3 AWARDING AUTHORITY'S RIGHT TO STOP THE WORK

2.3.1 If the Contractor fails to correct Work which is not in accordance with the requirements of the Contract Documents or persistently fails to carry out the Work in accordance with the Contract Documents, the Awarding Authority by written order signed personally or by its authorized agent, may order the Contractor to stop the Work, or any portion thereof, until the cause for such order has been eliminated.

2.3.2 Stop work orders require the Awarding Authority’s authorized signatory prior approval.

2.4 AWARDING AUTHORITY'S RIGHT TO CONDUCT THE WORK

2.4.1 If the Contractor defaults or neglects to carry out the Work in accordance with the Contract Documents and fails within seven (7) calendar day period after receipt of written notice from the Prime Designer at the Awarding Authority's direction to commence and continue correction of such default or neglect with diligence and promptness, the Awarding Authority may, without prejudice to other remedies, hire one or more contractors to correct such deficiencies.

2.4.2 In such case an appropriate Change Order shall be issued deducting from payments then or thereafter due the Contractor the cost of correcting such deficiencies, including compensation for the Prime Designer's additional services and expenses made necessary by such default, neglect, or failure. If payments then or thereafter due the Contractor are not sufficient to cover such amounts, the Contractor shall pay the difference to the Awarding Authority.

2.4.3 Notwithstanding anything to the contrary expressed or implied in the Contract Documents, any of the powers, rights, and duties of the Prime Designer may be exercised by the Awarding Authority, provided that the Awarding Authority shall be under no obligation to do so. The Awarding Authority may explicitly overrule in writing any action, determination or decision of the Prime Designer should the Awarding Authority choose to do so, except to the extent that the same would violate applicable law. When the Awarding Authority overrules the Prime Designer’s actions, the Awarding Authority assumes the liability for such actions. In the case of the death, resignation, inability or refusal of the Prime Designer to act, or the termination of his or her or its employment, the Awarding Authority may appoint another person to act as the Prime Designer for the purposes of this Contract. The Awarding Authority shall give written notice to the Contractor of any such appointment.

2.4.4 If applicable, the OPM is the person or entity, required by M.G.L. c. 149, § 44A½, engaged by the Awarding Authority to represent the Awarding Authority on all Project matters as its agent and consultant throughout the Project.

ARTICLE 3

CONTRACTOR

3.1 DEFINITION

3.1.1 The Contractor, sometimes referred to as the General Contractor, is the person or entity identified as such throughout the Contract Documents as if singular in number and is the entity awarded the Contract and responsible for performing the Work. The term Contractor means the Contractor or its authorized representative. The Contractor is an independent contractor and is not an employee or agent of the Awarding Authority.

3.1.2 By execution of this Contract, the Contractor, pursuant to M.G.L. c. 29, § 29F, certifies under the penalties of perjury that it is not presently debarred or suspended from doing public construction work in the Commonwealth of Massachusetts pursuant to said section, or any applicable debarment or suspension provisions of any other chapter of the General Laws or any rule or regulation promulgated thereunder.

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3.2 REVIEW OF CONTRACT DOCUMENTS & FIELD CONDITIONS BY CONTRACTOR

3.2.1 Before commencing the Work, the Contractor shall carefully study and compare the Contract Documents with each other and with information furnished by the Awarding Authority pursuant to Subparagraph 2.2.2 and shall at once report to the Prime Designer errors, inconsistencies, or omissions discovered. The Contractor shall not be liable to the Awarding Authority or Prime Designer for damage resulting from errors, inconsistencies, or omissions in the Contract Documents unless the Contractor recognized such error, inconsistency, or omission and knowingly failed to notify the Prime Designer. If the Contractor performs any construction activity knowing it involves a recognized error, inconsistency, or omission in the Contract Documents without such notice to the Prime Designer, the Contractor shall assume responsibility for such performance and shall bear the attributable costs for correction.

3.2.2 Before commencing the Work, the Contractor shall take field measurements and verify field conditions and shall carefully compare such field measurements and conditions and other information known to the Contractor with the Contract Documents. Errors, inconsistencies, or omissions discovered shall be reported in writing to the Prime Designer at once.

3.2.3 The Contractor shall perform the Work in accordance with the Contract Documents and submittals approved pursuant to Paragraph 3.7.

3.3 SUPERVISION AND CONSTRUCTION PROCEDURES, COORDINATION, AND CUTTING AND

PATCHING

3.3.1 The Contractor shall supervise and direct the Work, using the Contractor's best skill and attention.

The Contractor shall be solely responsible for and have sole control over construction means, methods, techniques, sequences, and procedures, and for coordinating all portions of the Work under the Contract.

3.3.2 The Contractor shall be responsible for the proper fitting of all Work and the coordination of the operations of all trades, Subcontractors, or materialmen engaged upon the Work.

3.3.3 All necessary cutting, coring, drilling, grouting, and patching required to fit together the several parts of the Work shall be done by the Contractor, except as may be specifically noted otherwise under any particular filed sub-bid section of the Specifications.

3.3.4 The Contractor shall be responsible to the Awarding Authority for acts and omissions of the Contractor's employees, Subcontractors, and their agents and employees, and other persons performing portions of the Work.

3.3.5 The Contractor shall be responsible for inspection of portions of Work already performed under this Contract to determine that such portions are in proper condition to receive subsequent Work.

3.3.6 The Contractor shall do engineering required for establishing grades, lines, levels, dimensions, layouts, and reference points for the trades; shall be responsible for maintaining benchmarks and other survey marks; and shall replace any benchmarks or survey marks which have been disturbed or destroyed.

3.3.7 Unless otherwise required by the Contract Documents, or directed in writing by the Awarding Authority, Work shall be done during regular working hours as established in the Contract Documents. However, if the Contractor desires to carry on the Work outside of regular working hours on Saturdays, Sundays or on Massachusetts and Federal holidays (irregular work hours), the Contractor shall notify the Awarding Authority at least seven (7) calendar days in advance or shall allow the Awarding Authority ample time to make satisfactory arrangements for inspecting Work in progress. The Contractor shall bear the costs of such inspection and all Work performed during irregular work hours. The Awarding Authority shall bill the Contractor directly for any costs

00 72 00 - 5 incurred by the Awarding Authority to accommodate the irregular Work hours.

3.3.8 Work done outside of regular working hours without the consent or knowledge of the Awarding Authority shall be subject to additional inspection and testing as directed by the Prime Designer.

The cost of this inspection and testing shall be paid by the Contractor whether the Work is found to be acceptable or not. The Awarding Authority may issue a credit change order to cover such costs or may withhold such costs from any further payments due to the Contractor, or the Contractor may issue a separate payment for such costs.

3.4 SUPERINTENDENT

3.4.1 The Contractor shall employ a Superintendent and necessary assistants who shall be present on the Project site at all times during the performance of the Work. The Superintendent shall represent the Contractor, and communications given to the Superintendent shall be as binding as if given to the Contractor. Important communications shall be confirmed in writing. Other communications shall be similarly confirmed on written request in each case. The Superintendent shall attend each job meeting.

3.4.2 The Superintendent shall be a competent and responsible employee, satisfactory to the Awarding Authority, who is regularly employed by the Contractor and is designated by the Contractor as its representative to be in full-time attendance at the Project site throughout the construction of the Work.

The Superintendent shall be responsible for coordinating all the Work of the Contractor and the Subcontractors. The Superintendent shall hold a current Construction Supervisor License issued by the Massachusetts Board of Building Regulations and Standards of a category consistent with the type of construction required by the Project. The Superintendent's resume shall be submitted to the Awarding Authority prior to commencement of construction and must demonstrate to the Awarding Authority's reasonable satisfaction that the Superintendent has performed similar duties on previous construction projects similar to the Project.

3.5 LABOR

The Contractor shall enforce strict discipline and good order among the Contractor's employees, Subcontractors, and other persons carrying out the Work. The Contractor shall not permit employment of unfit persons or persons not skilled in tasks assigned to them, and whenever the Awarding Authority shall notify the Contractor, in writing, that any worker is, in its opinion, incompetent, unfaithful, disorderly, or otherwise unsatisfactory, such employee shall be discharged from the Work and shall not again be employed on the Project except with the consent of the Awarding Authority.

3.6 MATERIALS AND EQUIPMENT

3.6.1 Unless otherwise provided in the Contract Documents, the Contractor shall provide and pay for materials, equipment, tools, construction equipment and machinery, water, heat, utilities, transportation, and other facilities and services necessary for proper execution and completion of the Work, whether temporary or permanent and whether incorporated or to be incorporated in the Work.

3.6.2 Materials and Equipment to be installed as part of the Contract (both or either of which are hereinafter referred to as "Materials") shall be new, unused, of recent manufacture, assembled, and used in accordance with the best construction practices.

3.6.3 "OR EQUAL" SUBMISSIONS/SUBSTITUTIONS

.1 Except where a product has been specified as a proprietary material, the words "or equal" are

00 72 00 - 6 understood to follow the name of any maker, vendor, or product specified to be used in the Contract Documents. To determine if the materials or articles proposed by the Contractor are equal to those specified, the Prime Designer shall determine whether the materials or articles proposed are at least equal in quality, durability, appearance, strength and design to the material or articles named or described and will perform at least equally the functions imposed by the design. See M.G.L. c.30 §39M.

.2 The Contractor shall be responsible for providing the Prime Designer with all information, technical data, and test results the Prime Designer requires to determine if a material is an approved equal to a material specified in the Contract Documents.

.3 Whenever the Contractor submits a material for approval as a substitute for a material named or described in the Contract Documents, such submission shall be made at least one hundred and twenty (120) calendar days prior to the date the materials will be used on the Project. In any case in which the construction performance period specified in the Contract Documents from the Notice to Proceed to Substantial Completion is less than 120 days, the Prime Designer may modify this requirement. However, in no event shall the Contractor maintain a claim for delays based upon the Prime Designer's review of such substituted materials if the Contractor has failed to comply with the one hundred and twenty (120) day submission requirement.

.4 Substitution Process:

(1) The Contractor shall pay direct attention to any deviations, including minor limitations and variations, from the Contract Documents on the Substitution Request Form in Section 01 33 01.

(2) The Contractor shall submit to the Prime Designer for consideration of any Or-Equal substitution written point-by-point comparison containing the name and full particulars of the proposed product and the product named or described in the Contract Documents.

(3) The Contractor shall be solely responsible for the timely submission of supporting documentation.

(4) Upon receipt of a written request for approval of an Or-Equal substitution from the Contractor, the Prime Designer shall investigate whether the proposed item shall be considered equal to the item named or described in the Contract Documents. The Prime Designer will have up to ninety (90) calendar days to perform the investigation and make an evaluation.

(5) Upon conclusion of the investigation, the Prime Designer shall promptly advise the Awarding Authority in writing if the item is, or is not, considered acceptable as an Or- Equal substitution with documentation to support the determination.

(6) The Prime Designer or Awarding Authority may require that full size samples of both the specified and proposed products be submitted for review and evaluation. The Contractor shall bear full cost for providing, delivering, and disposal of all such samples.

(7) The Awarding Authority will then determine concurrence as to the equality of the submitted item and render an approval in writing within seven (7) calendar days after receipt of the Prime Designer’s recommendation.

(8) Should the Prime Designer determine that the submitted product substitution is not equal to the specified standard, the Prime Designer shall send written notice of this to the Contractor.

(9) Proceeding with Work using the submitted item without the written approval of the Awarding Authority may result in rejection of the Work and removal and replacement at the expense of the Contractor.

(10)The Contractor shall assume full responsibility for the performance of any item submitted as an Or-Equal and assume the costs of any changes in any Work that may be caused by such substitution.

3.7 SHOP DRAWINGS, PRODUCT DATA, AND SAMPLES

3.7.1 Shop Drawings are drawings, diagrams, schedules, and other data specially prepared for the Work by the Contractor or a Subcontractor, Sub-subcontractor, manufacturer, supplier, or distributor to illustrate a portion of the Work.

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3.7.2 Product Data are illustrations, standard schedules, performance charts, instructions, brochures, diagrams, and other information furnished by the Contractor or its Subcontractors and suppliers to illustrate materials or equipment for some portion of the Work.

3.7.3 Samples are physical examples that illustrate materials, equipment, or workmanship and establish standards by which the Work will be judged.

3.7.4 Shop Drawings, Product Data, Samples, and similar submittals are not Contract Documents. The purpose of their submission is to demonstrate for those portions of the Work for which submittals are required the way the Contractor proposes to conform to the information given and the design concept expressed in the Contract Documents. Review by the Prime Designer is subject to the limitations of Subparagraph 3.7.9.

3.7.5 The Contractor shall review, approve, and submit to the Prime Designer Shop Drawings, Product Data, Samples, and similar submittals required by the Contract Documents with reasonable promptness and in such sequence as to cause no delay in the Work or in the activities of the Awarding Authority or of separate contractors. Submittals made by the Contractor which are not required by the Contract Documents may be returned without action. The Contractor's attention is directed to the provisions of Subparagraph 3.6.3 entitled "Or Equal" Submissions/Substitutions and Section 01 30 00 of the Specifications.

3.7.6 The Contractor shall prepare and keep current, for the Prime Designer's approval, a schedule of submittals which is coordinated with the Contractor's construction schedule submitted pursuant to Paragraph 8.4 and allows the Prime Designer reasonable time to review submittals. The Prime Designer shall have up to fourteen (14) calendar days from receipt to review and act on submittals, unless the Prime Designer notifies the Contractor in writing within seven (7) calendar days that no action will be taken on a submittal that must be coordinated with another submittal that the Contractor has not yet submitted. In this case, the Prime Designer shall have fourteen (14) calendar days from receipt of all associated submittals that must be coordinated together.

3.7.7 The Contractor shall perform no portion of the Work requiring submittal and review of Shop Drawings, Product Data, Samples, or similar submittals until the Prime Designer has approved the respective submittal. Such Work shall be in accordance with approved submittals. Otherwise, the Contractor bears the solely responsibility and the associated costs for Work that may need to be re-accomplished because the Work does not comply with the approved submittal.

3.7.8 By approving and submitting Shop Drawings, Product Data, Samples and similar submittals, the Contractor represents that the Contractor has determined and verified materials, field measurements, and field construction criteria related thereto, or will do so, and has checked and coordinated the information contained within such submittals with the requirements of the Work and of the Contract Documents.

3.7.9 The Contractor shall not be relieved of responsibility for deviations from requirements of the Contract Documents by the Prime Designer's approval of Shop Drawings, Product Data, Samples, or similar submittals unless the Contractor has specifically informed the Prime Designer in writing of such deviation at the time of submittal and the Awarding Authority has given explicit written approval to the specific deviation. The Contractor shall not be relieved of responsibility for errors or omissions in Shop Drawings, Product Data, Samples, or similar submittals by the Prime Designer's actions.

3.7.10 The Contractor shall direct specific attention, in writing or on resubmitted Shop Drawings, Product Data, Samples or similar submittals, to revisions other than those requested by the Prime Designer on previous submittals.

3.7.11 Informational submittals upon which the Prime Designer is not expected to take responsive action may be so identified in the Contract Documents.

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3.7.12 When professional certification of performance criteria of materials, systems or equipment is required by the Contract Documents, the Prime Designer shall be entitled to rely upon the accuracy and completeness of such calculations and certifications.

3.7.13 The Prime Designer’s Basic Services include the initial review of a submittal and up to two (2) resubmittals (total of three reviews) for each required Shop Drawing, Product Data, or Sample. If the Prime Designer is required to perform additional reviews of the same submittal due to the Contractor’s failure to provide a complete or conforming submission, the Contractor shall be responsible for the costs of such additional reviews.

3.7.14 The Prime Designer shall notify the Awarding Authority and the Contractor in writing when a third review has been completed, and a fourth review is required. The cost for such additional reviews shall be calculated based on the Prime Designer's standard hourly rates and shall be deducted from the Contractor's monthly Application for Payment via a deductive Change Order or through a withholding of the Contract Sum."

3.8 SAMPLES AND TESTS

3.8.1 Materials to be used in the Work may be tested or inspected after reasonable notice by the Prime Designer and may be rejected if they fail the specified tests. Except as otherwise provided in the Contract, all testing of material specifically requested by the Prime Designer will be paid for by the Awarding Authority, except that the cost of testing materials that fail the testing criteria shall be borne by the Contractor. If the Contractor requests permission to use material that was not specified in the Contract Documents and the Prime Designer requires testing of such material before approving its use, the Contractor shall pay for such testing.

.1 The Prime Designer shall provide written notice of failure within seven (7) calendar days after testing. The Contractor shall have fourteen (14) calendar days to remediate the issue by repair or replacement of the failed materials as directed by the Prime Designer. The specified time periods in this section can be modified by written consent of both the Prime Designer and Contractor.

3.8.2 The source of material proposed by the Contractor shall be designated in time to permit all required testing and inspection before the material is needed for incorporation into the Work. The Contractor shall have no claim for delays due to testing if it fails to designate the proposed source or to order the material in time to provide for adequate testing and inspection. Necessary arrangements shall be made to permit the Prime Designer to make factory, shop, or other inspection of materials or equipment ordered for the Work, in process of manufacture or fabrication, or in storage elsewhere than at the site of the Work.

3.8.3 The Contractor shall furnish the Prime Designer with samples of the materials it proposes to use in the execution of the Work in sufficient time to afford the Prime Designer the opportunity to adequately review and, if necessary, arrange for testing of such materials. The Prime Designer shall have fourteen (14) calendar days upon receipt to review all samples and shall issue written notification to the Contractor with seven (7) calendar days if additional time is required for testing such materials.

3.9 DELIVERY AND STORAGE OF MATERIALS

3.9.1 Materials and equipment shall be progressively delivered to the site so that there will be neither delay in the progress of the Work nor an undue accumulation of materials that are not to be used within a reasonable time.

.1 Materials stored on-site will be stored in the area designated by the Awarding Authority and shall not interfere with the Awarding Authority’s operations. The risk of loss of any stored materials shall be solely the responsibility of the Contractor.

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3.9.2 Materials stored off-site shall be stored at the expense of the Contractor in a manner that preserves their quality and fitness for the Work.

3.9.3 If the Contractor requests the Prime Designer's inspection of materials stored off-site, the Contractor shall assume the Prime Designer's reasonable costs for time, travel, room, and meals associated with such inspection.

3.9.4 Materials stored either at the site or at some other location agreed upon in writing shall be located to facilitate prompt inspection and may again be inspected prior to their use in the Work.

3.9.5 The Contractor shall take charge of and be liable for any loss of or injury to the materials delivered at or in the vicinity of the place where the Work is being done and shall notify the Prime Designer as soon as any such materials are delivered and allow them to be examined by the Prime Designer.

3.9.6 Payment for stored materials shall be made in accordance with Paragraph 9.4.

3.10 WARRANTY

3.10.1 The Contractor warrants to the Awarding Authority and Prime Designer that materials and equipment furnished under the Contract will be of good quality and new unless otherwise required or permitted by the Contract Documents, that the Work will be free from defects not inherent in the quality required or permitted, and that the Work will conform with the requirements of the Contract Documents. Work not conforming to these requirements, including unauthorized substitutions, shall be considered defective. If required by the Prime Designer, the Contractor shall furnish satisfactory evidence as to the kind and quality of materials and equipment.

3.10.2 Approximately ninety (90) calendar days prior to the expiration of the Warranty Period, the Contractor shall schedule an appointment with the Awarding Authority for a re-inspection of the Work. Based on this inspection and on prior inspections, the Awarding Authority shall issue a “Warranty Repair List” of items to be corrected by the Contractor. The Contractor shall commence repairs and/or replacements of items on the Warranty Repair List in accordance with the 10-day response time established in Article 10.1.3 and shall complete all such work within thirty (30) calendar days of the issuance of the list unless otherwise agreed by the Awarding Authority in writing.

3.11 REJECTION OF DEFECTIVE MATERIALS

The Prime Designer may reject materials if the Prime Designer reasonably determines that such materials do not conform to the Contract Documents. No rejected materials, the defects of which have been subsequently corrected, shall be used in the Work except with the written permission of the Prime Designer. No extra time shall be allowed for completion of the Work due to the rejection of non-conforming materials.

3.12 REJECTION OF DEFECTIVE WORK

The Prime Designer's inspection of the Work shall not relieve the Contractor of any of its responsibilities to fulfill the Contract obligations, and defective Work shall be corrected. Unsuitable Work may be rejected by the Prime Designer, notwithstanding that such Work and materials have been previously overlooked or misjudged by the Prime Designer and accepted for payment. If the Work or any part thereof shall be found defective at any time before the final acceptance of the whole Work, the Contractor shall forthwith correct such defect in a manner satisfactory to the Prime Designer, and if any material brought upon the site for use in the Work, or selected for the same, shall be rejected by the Prime Designer as unsuitable or not in conformity with the Contract requirements, the Contractor shall forthwith remove such materials from the Work.

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3.13 MATERIALS ATTACHED OR AFFIXED TO THE WORK

Nothing in this Contract shall be construed as vesting in the Contractor any right of property in the materials used after they have been attached or affixed to the Work or the soil; but all such materials shall, upon being so attached or affixed, become the property of the Awarding Authority.

3.14 SALES TAX EXEMPTION AND OTHER TAXES

3.14.1 All building materials and supplies as well as the rental charges for construction vehicles, equipment and machinery rented exclusively for use on the Project, or while being used exclusively for the transportation of materials for the Work are entitled to an exemption from sales taxes under M.G.L. c. 64H, s. 6(f). The Contractor shall take action required to obtain the benefit of such sales tax exemption. The Contractor shall bear the cost of any sales taxes that the Contractor incurs in connection with the Work and the Awarding Authority shall not reimburse the Contractor for any such taxes. The exemption number assigned to the Contractor as an exempt purchaser shall be provided to the Contractor by the Awarding Authority upon the written request of the Contractor.

3.14.2 The Contractor shall be responsible for paying all other taxes and tariffs of any sort related to the Work.

3.15 DOCUMENTS AND SAMPLES AT THE SITE

The Contractor shall maintain at the Site for the use and information of the Awarding Authority, one record copy of the Drawings, Specifications, Addenda, Change Orders, and other Contract Modifications, in good order and marked currently to record changes and selections made during construction, and in addition approved Shop Drawings, Product Data, Samples, updated construction schedule, and similar required submittals. These shall be available to the Prime Designer and shall be delivered to the Prime Designer for submittal to the Awarding Authority upon completion of the Work.

3.16 PERMITS, FEES, AND NOTICES

3.16.1 The Contractor shall secure and pay for all permits, licenses, and fees required for the proper execution of the Work. The Contractor shall coordinate all efforts required to obtain these permits with the Awarding Authority’s Project Manager or as otherwise provided in the Specifications. The Contractor shall be reimbursed by the Awarding Authority via a change order for permits charges at the direct costs with no mark-ups via the change order process.

3.16.2 The Contractor shall comply with and give notices required by laws, ordinances, rules, regulations, and lawful orders of public authorities bearing on performance of the Work.

3.16.3 It is not the Contractor's responsibility to ascertain that the Contract Documents are in accordance with applicable laws, statutes, ordinances, building codes, and rules and regulations. However, if the Contractor observes that portions of the Contract Documents are at variance therewith, the Contractor shall promptly notify the Prime Designer and Awarding Authority in writing, and necessary changes shall be accomplished by appropriate Modification.

3.16.4 If the Contractor performs Work knowing it to be contrary to laws, statutes, ordinances, building codes, and rules and regulations without such notice to the Prime Designer and Awarding Authority, the Contractor shall assume full responsibility for such Work and shall bear the attributable costs.

3.16.5 The Contractor and/or subcontractor shall be responsible for coordinating and paying utility back charges as part of the Base Contract. The Contractor shall be reimbursed by the Awarding Authority via a change order for utility back charges at the direct costs with no mark-ups via the change order process.

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3.16.6 The Contractor and/or subcontractor shall be responsible for coordinating and paying for Police detail charges as part of the Base Contract. In accordance with M.G.L. c. 149, § 34B, the Contractor shall pay to any reserve police officer employed by it the prevailing wage paid to regular police officers. The Contractor shall be reimbursed by the Awarding Authority via a change order for Police details charges at the direct costs with no mark-ups via the change order process.

3.17 DEBRIS, CHEMICAL WASTE

3.17.1 The Contractor shall not permit the accumulation of debris, both exterior and interior, and the work area shall always be kept satisfactorily clean.

3.17.2 The Contractor shall remove debris from the site of the Work and legally dispose of it at any private or public dump that the Contractor may choose. The Contractor shall make all arrangements and obtain any approvals necessary for said disposal from the Awarding Authority's or officials in charge of such dumps and shall bear all cost, including fees resulting from such disposal.

Garbage shall be removed daily.

3.17.3 No open fire shall be permitted on site.

3.17.4 Chemical Waste: Chemical waste shall be stored in corrosion resistant containers, removed from the Project site, and disposed of not less frequently than monthly unless directed otherwise. Disposal of chemical waste shall be in accordance with requirements of the U.S. Environmental Protection Agency (EPA) and the Massachusetts Department of Environmental Protection (DEP). Fueling and lubricating of vehicles and equipment shall be conducted in a manner that affords the maximum protection against spills and evaporation. Lubricants to be discarded or burned shall be disposed of in accordance with approved procedures meeting all applicable Federal, State, and local regulations. In the event of oil or hazardous materials spill large enough to violate Federal, State, or applicable local regulations, the Contractor shall immediately notify the Awarding Authority and the Prime Designer.

The Contractor shall be responsible for immediately cleaning up any oil or hazardous waste spills resulting from its operations. Any costs incurred in cleaning up any such spills shall be borne by the Contractor.

3.17.5 The Contractor shall indemnify the Awarding Authority for the cost and expense the Awarding Authority incurs a) for remediation of a material or substance the Contractor brings to the site and negligently handles, and/or b) where the Contractor fails to perform its obligations under Section 3.17, except to the extent that the cost and expense are due to the Awarding Authority’s fault or negligence.

3.18 SITE AND WEATHER PROTECTION

3.18.1 The Contractor shall take precautions during the execution of Work involving demolition not to disturb or damage any existing structures, landscaping, walks, roads, or other items scheduled to remain. The Contractor shall restore any damaged items to their original condition and/or as directed by the Prime Designer. The Contractor shall provide and erect acceptable barricades, fences, signs, and other traffic devices to protect the work from traffic and the public as reasonably necessary and as required by the Massachusetts Building Code.

3.18.2 The Contractor shall install weather protection and provide adequate heat in the protected area from November 1 to March 31 as required by M.G.L. c.149 §44G. The Contractor shall pay for all weather protection and temporary heat required for the Project.

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3.19 ARCHAEOLOGICAL AND HISTORICAL RESOURCES

All items having any apparent historical or archaeological interest which are discovered by the Contractor during any construction activities shall be carefully preserved and reported immediately to the Prime Designer for determination of appropriate actions to be taken.

3.19.1 If the nature of the item is such that the Work cannot proceed without danger of damaging same, Work in that area shall be immediately discontinued until the Awarding Authority has decided the proper procedure to be followed.

3.19.2 Any time lost thereby shall be a condition for which the time of the Contract may be extended.

3.19.3 All costs incurred after discovery in the salvaging of such items shall be borne by the Awarding Authority.

3.20 SAFETY REQUIREMENTS

3.20.1 The Contractor must comply with all Federal, State, and Local safety laws and regulations of the applicable to work performed under this Contract.

.1 Before commencing any portion of the Work, the Contractor shall submit a written Project-specific plan for implementing this Section. The plan shall include an analysis of the significant hazards to life, limb, and property inherent in the performance of the Work and a plan for controlling those hazards. The Contractor is solely responsible for implementing and maintaining the safety requirements on the Project.

.2 The Contractor shall be responsible for its Subcontractors’ compliance with the provisions of this Section.

3.20.2 In performing the Work, the Contractor shall:

.1 Ensure that no laborer or mechanic shall be required to work in surroundings or under working conditions which are unsanitary, hazardous, or dangerous to his/her health and/or safety as determined under construction safety and health standards promulgated by the U.S. Secretary of Labor by regulation.

.2 Protect the lives, health and safety of other persons and shall,

a. Comply with 84 Stat. 1590, the “Occupational Safety and Health Act of 1970” (OSHA) and with regulations and standards issued by the U.S. Secretary of Labor at 29 CFR Part 1926; and

b. Comply with the Trench Safety Law set forth in M.G.L. c. 82A and regulations promulgated by the Departments of Public Safety (DPS) and Occupational Safety (DOS) in 520 CMR 14.00 ester.; the Contractor shall execute a Trench Application and Permit form with the execution of its contract.

c. Comply with M.G.L. c. 149, s. 129A, relative to shoring and bracing of trenches.

d. If the Contractor uses or stores toxic or hazardous substances, comply with M.G.L.

c.1 1 1F §2, the "Right to Know" law and regulations promulgated by the Department of Public Health, 105 CMR 670, the Department of Environmental Protection, 310 CMR 33, and the Department of Labor and Workforce Development, 441 CMR 21;

and must post a Workplace Notice obtainable from the Department of Labor and Workforce Development.

e. Comply with the Federal Resource Conservation and Recovery Act, the Federal Comprehensive Environmental Response Compensation and Liability Act, M.G.L. c. 21C, M.G.L. c. 21E, and any other Laws affecting toxic or hazardous materials, solid, special or hazardous waste (collectively “Hazardous Materials Laws”). Should the Contractor discover unforeseen materials subject to Hazardous Materials Laws at the Site, the Contractor shall immediately comply with all requirements for dealing with such materials and notify all required governmental authorities and the Awarding Authority of such discovery.

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f. Include these terms in every subcontract so that such terms will be binding on each subcontractor.

g. Designate by notice to the Awarding Authority a responsible member of its organization at the Site whose duties shall include ensuring safety, implementation of Contractor’s Safety Plan referenced below and preventing accidents.

3.20.3 The Contractor shall maintain an accurate record of exposure data on all accidents incident to the Work resulting in death, traumatic injury, occupational disease, or damage to property, materials, supplies, or equipment, and shall report this data in the manner prescribed by 29 CFR 1904.

Without limiting the foregoing, the Contractor shall submit to the Awarding Authority without delay verbal and written reports of all accidents involving bodily injury or property damage arising in connection with the Work.

3.20.4 In any emergency affecting the safety of persons or property, the Contractor shall immediately act in the exercise of reasonable judgment to prevent threatened damage, injury, or loss. The Contractor shall immediately notify the Awarding Authority of such an emergency.

3.20.5 The Contractor shall be responsible for the location of utilities in connection with the Work.

Without limiting the foregoing, the Contractor shall comply with Dig-Safe Laws. Dig-Safe is the Utility Underground Plant Damage Prevention System, 331 Montvale Ave., Woburn, MA 01801,

1.888.344.7233. The Contractor shall 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 shall be given at least 72 hours prior to the work, but not more than sixty days before the work is to be done. The notice shall specify the street name or route number and include a detailed description of the location and the 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 §40. Any costs related to the services performed by Dig-Safe shall be borne by the Contractor.

3.20.6 If this Project requires the containment or removal of asbestos or material containing asbestos, lead or waste containing lead-based paint, the Contractor shall ensure that the person or company performing the asbestos or lead related services is licensed pursuant to applicable State laws and regulations.

3.20.7 Without limiting the Contractor’s responsibilities described above, the Contractor shall take all reasonable precautions for the safety of, and the prevention of injury or damage to (1) all agents and employees and contractors on the Work and all other persons who may be affected thereby including the general public, (2) all the Work and all materials and equipment to be incorporated therein, whether in storage on or off the Site, under the care custody or control of the Contractor or any of its Subcontractors or any contractors directly or indirectly contracting through any of them, and (3) other property at the Site or adjacent thereto, including but not limited to trees, shrubs, lawns, walks, pavements, roadways, structures and utilities not designated for removal, relocation or replacement in the course of the Work. The Contractor shall promptly remedy all damage or loss to any such property caused as a whole or in part by the Contractor, any Subcontractor, or anyone directly or indirectly contracted or employed by any of them or by anyone for whose acts any of them may be liable. Without limiting the foregoing, the Contractor shall:

(1) Post and maintain adequate danger signs and other warnings against hazards;

(2) Promulgate safety regulations and give appropriate notices to the Owner and users of adjacent utilities and property;

(3) Ensure the adequate strength and safety of all scaffolding, staging and hoisting equipment, temporary shoring, bracing and tying;

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(4) Protect adjoining private or public property;

(5) Provide barricades, temporary fences, and covered walkways required by prudent construction practices, Laws, and/or the Contract Documents;

(6) Furnish approved hard hats and other personal protective equipment, furnish approved first aid supplies, furnish the name of the first aid attendant, and maintain a posted list of emergency facilities;

(7) Provide a proper means of access to property where the existing access is cut off by the Contractor;

(8) Maintain from the beginning of any darkness or twilight through the whole of every night sufficient lights on or near any obstruction so as to guard and protect travelers from injury from such obstruction;

(9) Maintain adequate security at the Site so as not to expose the Work and surrounding property to vandalism or malicious mischief;

(10)Provide adequate fire protection procedures during the use of cutting torches, welding equipment, plumbers’ torches and other flame and spark producing apparatus; and

(11)Take prompt action to correct any dangerous or hazardous conditions.

3.20.8 The Contractor…