DFS1FD 00 08 00A SUPPLEMENTARY GENERAL CONDITIONS PART 1 072226DR - pdf.pdf
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- Solicitation number
- BD-27-2246-DFD3-DFD3-131596
- Issued by
- Bristol County, Massachusetts
About this file
This is a Supplementary General Conditions document (Part 1) for Dartmouth Fire District #3 in Massachusetts, establishing the contractual framework for a fuel storage tank project. The project involves the selective removal of an existing underground fuel storage tank and accessories, followed by installation of a new above-ground fuel storage tank, fuel dispenser, and related piping and accessories. The estimated project value is $186,000.00. The document outlines the general conditions that will govern the bidding process, contractor performance, and project execution in accordance with the attached contract documents. Specific details regarding response deadlines, site visit requirements, bidders' meetings, and award dates should be referenced in the primary contract documents and bid solicitation materials.
The supplementary general conditions establish the contractual terms, obligations, and procedures governing contractor selection and project performance. This document serves as a standardized set of provisions that will be incorporated into the final contract agreement and should be reviewed in conjunction with other contract documents, including the scope of work, specifications, and any addenda. Contractors submitting sealed bids should ensure full compliance with all conditions outlined in this document and related contract materials. Payment terms, insurance requirements, bonding obligations, and other financial and administrative requirements are detailed within the general conditions and should be carefully reviewed prior to bid submission.
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DARTMOUTH FIRE STATION NO. 1
NEW FUEL DEPOT
DARTMOUTH, MASSACHUSETTS 15 JUNE 2026
RT ARCHITECTS, INC.
PROJECT NO. 02026.03
SUPPLEMENTARY CONDITIONS
00 08 00A - PART 1
Pg. 1 of 17
SECTION 00 80 00A
SUPPLEMENTARY CONDITIONS - PART 1
PART 1 - GENERAL
A. The following supplements shall 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 affect. 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 affect.
ARTICLE 1 - GENERAL PROVISIONS
PARAGRAPH 1.1.1: Add the following:
1. The “Contract Documents” consist of the following:
1.1 Modifications
1.2 The Owner-Contractor Agreement and Conditions of the Contract.
1.3 Addenda to the Specifications and Drawings.
1.4 The Specifications.
1.5 The Drawings.
PARAGRAPH 1.2.1: Add the following:
1. The general content of the work is shown on the Drawings, but minor modifications may be made by detail Drawings. The Contractor and the Architect shall from time to time prepare schedules showing the dates at which the various detail drawings will be required, and the Contractor shall not attempt to execute any part of the work requiring such detail Drawings until he has received same.
2. Where, on the Drawings, a portion of the work is drawn out and the remainder is indicated in outline, the parts drawn out shall apply to all other like portions of the work.
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3. Where “by others” appears in the Specifications, or is noted on the Drawings, it shall be used in the general sense of “specified under other Sections of the Specifications”.
4. The figures and notes on the Drawings showing and indicating dimensions shall be used instead of scaling. Dimensions shall not be determined by scaling, except for details drawn to a 3
in. scale or larger, and these only when dimensions are not given or implied.
5. Subject to the provisions of paragraph 3.3 of this Section, in case of differences between small and large scale Drawings, the larger scale Drawings shall take precedence, unless the small scale Drawing indicates a greater cost.
6. In case of inconsistent requirements in the Contract Documents, the requirements of the greater cost shall take precedence and shall be the Contract Requirements.
7. It is the intent of the Contract Documents to include all work and materials necessary for erecting complete, ready for continuous and proper use, all components required to complete this Project, including, but not limited to, site work, structural, architectural, mechanical, electrical and special systems as shown on the accompanying Drawings, or as hereinafter described, even if not specifically shown or called for in the Construction Drawings or Specifications. These Drawings shall be taken in a sense as diagrammatic; sizes of pipes, ducts, conduits, conductors, and general routes for running them are shown, but it is not intended to show every offset and fitting, nor every structural difficulty that will be encountered during the installation of the Work.
8. The Contractor agrees to indemnify and save the Owner, the Architect and the 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 is not specifically shown or called for in the Contract Documents.
9. Unless otherwise specifically called for on the Drawings, all wall sections, elevations, details, and schedules shown on the Drawings shall be considered typical for all similar conditions or areas of the Work. Absence of a particular section, elevation or detail shall not release the Contractor from his obligation to provide the labor and materials necessary to complete the project using methods and materials of construction consistent with those called for elsewhere on the Drawings or in the Specifications.
10. Drawings, dimensions, grades, contours and elevations of existing building, adjacent site, and site features are approximate and subject to field verification by the Contractor. The Contractor shall coordinate the work of all trades as required to provide a complete project, with functional and dimensional compatibility between all components.
PARAGRAPH 1.2: Add the following:
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1.2.4 Where used in conjunction with the Architect’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 or Engineer be interpreted as an assurance to the Contractor that the requirements of the Contract Documents have been fulfilled.
1.2.5 Where reference is made to standards or trade association publications, it shall mean to refer to the latest edition and revision thereof, if any, in effect on the date of the Contract.
1.2.6 Except as otherwise defined in context, the following words, terms, and phrases shall mean the following:
1. “As shown”, “as indicated”, “as detailed”, or “as noted” shall mean “as shown on the Drawings or any other diagrammatic or written reference on the Drawings”.
2. “Provide” shall mean “furnish and install, complete and ready for intended use”.
3. “Directed”, “required”, “permitted”, “ordered”, “designated”, “prescribed”, and similar words shall mean the “direction (requirement, permission, order, designation, or prescription) of the Architect”.
4. “Approved”, “acceptable”, “satisfactory”, and similar words shall mean “approved by (acceptable or satisfactory to) the Architect”.
5. “Necessary”, “reasonable”, “proper”, “correct”, and similar words shall mean “necessary (reasonable, proper or correct) in the opinion of the Architect”.
6. “Similar” is used in the general sense, and not as meaning identical, and all details shall be worked out by the Contractor in relation to their location and their connection to other parts of the Work.
1.2.7 Words in the singular shall also mean and include the plural, whenever the context so indicates, and words in the plural shall mean the singular, whenever the context so indicates.
FOLLOWING PARAGRAPH 1.6: Add the following:
1.7 REFERENCE TO MATERIALS BY NAME:
1.7.1 Reference in the Specifications to any article, device, product, material, fixture, form of type of construction, by name, make, or catalog number shall be interpreted as establishing a standard of quality and shall not be construed as limiting the competition, and the Contractor in such cases may at his option use any article, device, product, material, fixture, form or type of construction which, in the opinion of the Architect is equal to that named and, further provided, approval of any
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Pg. 4 of 17 manufacturer’s product not specifically mentioned is obtained prior to the close of the interpretations period as set forth in SECTION ITB, INSTRUCTIONS TO BIDDERS.
1.7.2 An item shall be considered equal to the item named or described if, in the opinion of the Architect, it is at least equal in quality, durability, appearance, strength, and design; it will perform at least equally the function imposed by the general design; and it conforms to the detailed requirements for the item in the Specifications.
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ARTICLE 3 - CONTRACTOR
PARAGRAPH 3.1.1: Add the following:
1. The term “Contractor” means the Contractor for the entire project. The terms “General Contractor” and “General Bidder” are interchangeable and mean the “Contractor”.
2. Only one Contractor, the General Contractor is recognized as a party to this Contract. Where the term “Contractor” is used, the General Contractor or General Bidder is referred to.
PARAGRAPH 3.3: Add the following:
3.3.4 The Contractor shall lay out his own work and he shall be responsible for all lines, benchmarks, grades, elevations, and measurements of the building, grading, paving, and other work to be executed by him under the Contract. He shall provide all templates, stakes, ranges, spikes, nails and boards. He shall exercise proper precaution to verify the figures, dimensions, elevations, configurations and locations shown on the Drawings before laying out the work and will be held responsible for any error resulting from his failure to exercise such precaution whether or not the figures, dimensions, elevations, configurations, and locations shown on the Drawings are correct. The layout work shall be subject to the check and review of the Architect.
3.3.5 The Contractor is responsible for the coordination of the work of all trades and parties providing materials and/or services in connection with the work of this project.
3.3.6 The Contractor is ultimately responsible for the dimensional and functional coordination and the furnishing and installation of all components required in connection with this Contract. Previous approvals of shop drawings or of other submittals by the Architect will not relieve the Contractor of this responsibility.
3.3.7 The Contractor shall have the responsibility of taking a proactive role in analyzing the construction Drawings, Specifications and existing conditions and correcting, in advance of fabrication and installation, all dimensional or functional conflicts or omissions which might occur during construction, at no increase in the Contract Amount. The Contractor shall bear all costs in connection with corrections of the aforementioned conflicts or omissions and shall save the Owner and the Architect harmless from and against liability of any nature or kind, including costs and expenses for such corrections.
3.3.8 The Contractor is responsible for the delegation of all work under this Contract, whether the work is called for only in the drawings, only in the Specifications, or both. The Contractor shall not request that the Architect or Owner designate which sub-trade is responsible to perform any item of work or to supply any item of materials. The Contractor has the responsibility to see that all items called for in the Drawings and Specifications are provided within the Contract Amount.
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FOLLOWING PARAGRAPH 3.5: Add the following:
3.5.2 All guarantees and warranties required in the various Sections of the Specifications which originate with a Sub-Contractor or manufacturer must be delivered to the Architect before final payment to the Contractor may be made for the amount of that phase of the work to which the guarantee or warranty relates.
3.5.3 The failure to deliver a required guarantee or warranty shall be held to constitute a failure of the Sub-Contractor to fully complete his work in accordance with the Contract Documents.
3.5.4 The Contractor’s obligation to correct work as set forth in Paragraph 12.2 in addition to, and not in substitution of, such guarantees or warranties as may be required in the various Sections of the Specifications.
3.5.5 Neither the Architect’s Certifications for Payment nor the final Certificate of Payment, nor 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 and workmanship.
PARAGRAPH 3.7: Add the following:
3.7.1: Add the following to the end of subparagraph 3.7.1:
Permit fees required by the Town of Dartmouth and its various departments will be paid for by the Owner. All other permit fees shall be paid for by the Contractor or Sub-Contractor required to secure the permit
3.7.5 Wherever any notice is required to be given by the Owner or Contractor to any adjoining or adjacent landowner, or other party before the commencement of any work, notice shall be given by the Contractor. The Contractor shall indemnify the Owner and save it harmless from any damages on account of settlement or the loss of lateral support of adjoining property and from all damages for which the Owner may be liable in consequence of such injury or damage to adjoining and adjacent structures and their premises.
PARAGRAPH 3.9: Add the following:
3.9.2 The Superintendent employed by the Contractor for this project, shall have worked as Superintendent for the Contractor for a continuous period of at least five (5) years prior to execution of the Owner-Contractor Agreement for this project. Prior to execution of the Owner- Contractor Agreement for this project, the Contractor shall provide the Owner, for his approval, evidence supporting the 5 year minimum requirement cited above, in the form of a resume delineating the proposed Superintendent’s experience, education, references, and employment
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Pg. 7 of 17 history. Failure of the Contractor to produce the aforementioned evidence, in a form satisfactory to the Owner, will be deemed sufficient cause for rejection of the Contractor’s General Bid.
3.9.3 At any time during the course of construction, the Architect and Owner may require the Contractor to replace the Superintendent if they deem it necessary. The Contractor may not remove or replace the Superintendent without written consent of the Architect and the Owner.
PARAGRAPH 3.10.1: Add the following:
1. Immediately after the execution and delivery of the Contract, the Contractor shall deliver, to the Owner, a building Progress Schedule and a Schedule of values in form satisfactory to the Owner, showing the proposed dates of the commencement and completion of each of the various subdivisions of work required under the Contract Documents and the anticipated amount of each monthly payment that will become due to the Contractor in accordance with the Progress Schedule. The purpose of the Progress Schedule is to state the best estimate of the Contractor for the completion of the work and the Owner’s acknowledgment of the receipt of such schedule does not either affirm or deny that the Contractor, by diligence, can conclude the work within the time specified. The Schedule of Values shall contain cost amounts allocated to the various portions of the work, prepared in such a form and supported by such data to substantiate its accuracy as the Architect may require. This schedule, unless objected to by the Architect, shall be used only as a basis for the Contractor’s Application for Payment. The Schedule of values shall contain a separate item for each Section of these Specifications broken down in such form as the Architect may require. Each item in the Schedule of Values shall include its proper share of overhead and profit. The Contractor shall also furnish a detailed estimate giving a complete breakdown of the Contract price and provide periodic itemized estimates of work done for the purpose of making partial payments thereon. The values employed in making up any of these schedules will be used only for determining the basis of partial payments and will not be considered as fixing a basis for addition to, or deduction from, the Contract price.
2. The Progress Schedule shall show, by bar graph method, the percentage of completion and the dollar value of the first day of each month for the work in each Section of the Specifications and also the entire work. The graph shall also show the date that the work in each Section commenced. A copy of the Progress Schedule shall be kept in the Contractor’s field office and be brought up to date each month to show the actual progress of the work. The Contractor shall provide the Architect with copies of each updated Progress Schedule on a monthly basis.
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FOLLOWING PARAGRAPH 3.18: Add the following:
3.19 TRAFFIC
1. The Contractor shall not close or obstruct any streets, sidewalks, or passageways until he shall have first secured all necessary municipal or other permits therefore. No material whatsoever shall be placed or stored in streets 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.
3.20 COMMUNICATIONS
1. All notices, demands, requests, instructions, approvals, and claims must be in writing.
2. Any notice to, or demand upon, the Contractor shall be sufficiently given if delivered at the office of the Contractor specified in the bid (or at such other office as the Contractor may, from time to time, designate to the Owner in writing) or deposited in the United States mail in a sealed, postage-prepaid envelope, delivered by electronic mail, delivered by Facsimile, or is delivered, with charges prepaid, to any telegraph company for transmission, in each case addressed to such office.
3. All papers, except bid documents required to be delivered to the Owner, shall, unless otherwise specified to the contrary, be delivered to the office of said Owner, or deposited in the United States mail in a sealed, postage-prepaid envelope, or delivered, with charges prepaid, to any telegraph company for transmission, in either of said last two (2) cases to said Owner as such address, or to such other representative of the Owner at such other address as the Owner may subsequently specify, in writing, to the Contractor for such purpose.
4. Except as otherwise expressly provided, any such notice shall be deemed to have been given as of the time of actual delivery or (in the case of mailing) when the same should have been received in due course of post, or (in the case of email or fax) the time of actual receipt, as the case may be.
ARTICLE 4 - ADMINITRATION OF THE CONTRACT
PARAGRAPH 4.1.1: Add the following:
1. The “Architect” is specifically RT Architecture LLC, 245 Shea Avenue, Belchertown, Massachusetts 01007, or its authorized representative.
ARTICLE 5 - SUB-CONTRACTORS
PARAGRAPH 5.1.1: Add the following:
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1. The terms “Sub-Contractor(s)” and “Sub-Bidder(s)” are interchangeable:
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PARAGRAPH 5.2.1: Add the following:
1. The Contractor shall be as fully responsible to the Owner for the acts and omissions of all Sub- Contractors and of persons either directly or indirectly employed by him.
ARTICLE 7 - CHANGES IN THE WORK
PARAGRAPH 7.1: Add the following:
7.1.4 Detailed estimates and proposals for changes or extra work shall be supplied by the Contractor promptly upon request.
PARAGRAPH 7.1: Add the following:
7.1.5 For extra work performed by the General Contractor, the cost to the Owner maybe include an allowance for overhead and profit not to exceed 10 percent of the net cost of the work as defined and modified below.
1. For extra work performed by a Sub-Contractor or Sub-Sub-Contractors, the cost to the Owner may include the net cost to the Sub-Contractor plus an allowance not to exceed 10 percent for the Sub-Contractor’s or Sub-Sub-Contractor’s overhead and profit and not to exceed 5 percent for the General Contractor’s overhead and profit.
2. “Net Cost,” as used herein, may include all items listed in 7.3.6. However, no percentage for overhead and profit shall be allowed on items of social security, health and welfare, old age and unemployment insurance, contributions to pension funds, education and training funds, industry improvements funds, and similar fringe 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, timekeepers, clerks, watchmen, use of small tools, incidental job burdens and 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.
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PARAGRAPH 7.4: Add the following:
7.4.2 The Architect will advise of minor changes in the work not involving adjustments to Contract Sum or Contract Time, by issuing Supplemental Instructions on AIA Form G710.
ARTICLE 8 - TIME
PARAGRAPH 8.3.2: Delete in its entirely and substitute the following:
Apart from the extension of time for unavoidable delays, no payment or allowance of any kind shall be made to the Contractor as compensation for damages because of hindrance or delay from any cause in the progress of the work, whether such delays are avoidable or unavoidable. The Contractor hereby agrees that he shall have no claim for additional costs or damages of any kind on account of any delay or suspension of any portion of the work, whether such delay is caused by the Owner, the Architect, or any other party.
ARTICLE 9 - PAYMENTS AND COMPLETION
PARAGRAPH 9.2.1: Add the following:
9.2.1.2 Coordinate the Schedule of Values and Applications for Payment with the Contractor’s Construction Schedule, List of Subcontracts, and Submittal Schedule.
9.2.1.3 The Schedule of Values shall indicate the following for each item listed:
1. Generic name.
2. Related Specification Section.
3. Name of Sub-Contractor.
4. Name of manufacturer or fabricator.
5. Name of supplier.
6. Dollar Value.
7. Percentage of Contract Sum.
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PARAGRAPH 9.3.1: Add the following:
See SECTION ITB - INSTRUCTIONS TO BIDDERS for Payments to Contractors; provisions therein shall govern such payments.
9.3.1.3 Prior to the initial Application for Payment, the following items must be submitted:
1. List of Sub-Contractors.
2. List of principal suppliers and fabricators.
3. Schedule of Values.
4. Contractor’s Construction Schedule.
5. Schedule of principal products.
6. Submittal schedule.
7. List of Contractor’s staff assignments.
8. Copies of building permits.
9. Initial progress report.
10. Pre-construction meeting report.
11. Certificates of Insurance and Insurance policies.
PARAGRAPH 9.3.2: Add the following:
In no event may materials or equipment be deemed delivered and suitably stored at the site (or at some other location agreed upon by the Owner, in writing) 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 of equipment until they are incorporated in the work.
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4. The Contractor will pay storage charges and related expense if materials or equipment are stored at some other location agreed upon in writing.
PARAGRAPH 9.3.3: Add the following:
1. The Contractor shall not be required to warrant good titles to any materials, supplies, or equipment required to be installed in the project by or for any public utility company or corporation or the Owner whereof to which title remains in the installing body due to laws, rules, or regulations of such body. He shall, however, inform the Owner (in writing) as to the conditions of title and as to location where the materials, supplies, or equipment are installed in the work.
PARAGRAPH 9.6.4: Add the following:
See SECTION ITB - INSTRUCTIONS TO BIDDERS for Sub-Contractors Payments, as required by law.
PARAGRAPH 9.8.2: Add the following:
9.8.2.1 Prior to submitting an Application for Payment at time of Substantial Completion, the following items must be submitted, as determined by the Architect:
1. Occupancy permits and similar approvals.
2. Warranties (guarantees) and maintenance agreements.
3. Test/Adjust/Balance Records.
4. Maintenance instructions.
5. Meter readings.
6. Start-up performance reports.
7. Final progress photographs.
8. List of incomplete work to be completed or corrected prior to final Application for Payment.
PARAGRAPH 9.9: Add the following:
9.9.4 The Owner will, prior to any such partial occupancy, give notice to the Contractor thereof and such occupancy shall be upon the following terms:
1. The one-year guarantee period called for by the General Conditions of the Contract Specifications Substantial Completion.
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2. The Contractor shall be relieved of all maintenance costs on the portion of the project occupied by the Owner under this agreement.
3. The Contractor shall not be responsible for wear and tear or damage resulting from occupancy.
4. The Owner shall assume risk or loss with respect to any portion of the project occupied by it under the terms of this agreement.
PARAGRAPH 9.10.1: Add the following:
Final payment shall be made in accordance with Ma. G.L., Ch. 30, Sec. 39 K, quoted in SECTION ITB - INSTRUCTIONS TO BIDDERS, Article 6, hereinabove, which Section takes precedence over any contradictory provisions of Paragraph 9.10.
ARTICLE 10 - PROTECTION OF PERSONS AND PROPERTY
PARAGRAPH 10.2.2: Add the following:
1. All work shall be done in accordance with, and all machinery, equipment, and all other hazards shall be guarded in accordance with, the safety provisions of OSHA and the Manual of Accident Prevention of Construction published by the Associated General Contractors of America, to the extent that such provisions are not in contravention of applicable laws.
1. The Contractor shall enforce any instructions of the Owner or the Architect regarding signs, advertising, fire, danger, signals, barricades, and smoking.
2. It shall be the duty and responsibility of the Contractor performing any cutting or welding to comply with the safety provisions of the National Fire Protection Association “National Fire Codes” pertaining to such work and the Contractor shall be responsible for all damages resulting from a failure to comply.
ARTICLE 11 - INSURANCE AND BONDS:
See Supplementary Conditions, Part 2, for specific insurance coverage.
ARTICLE 13 - MISCELLANEOUS PROVISIONS
PARAGRAPH 13.1.1: Add to the following:
1. It is the Contractor’s responsibility to perform, furnish and install all work described in, or required by, the Contract Documents in accordance with all applicable laws, state or federal, and all applicable ordinances, codes, rule, and regulations of the municipality wherein the project is to be constructed, or any public board or officer having jurisdiction, regulation, or control over work to be done hereunder, including, but not limited to, the following:
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a. Commonwealth of Massachusetts State Building Code and the International Building Code, most recent of each, respectively.
b. Commonwealth of Massachusetts State Plumbing Code.
c. Commonwealth of Massachusetts State Electrical Code.
d. National Fire Protection Association: NFPA 101 – Life Safety Code, Latest Edition.
e. Commonwealth of Massachusetts Regulation 527 CMH (FPR-9) Prevention of Fire in Buildings.
f. Commonwealth of Massachusetts Regulation 521 CMR: Architectural Access Board, effective 2/01/02 as amended.
g. “Standard Specifications for Highways and Bridges Construction,” latest edition, as published by the Commonwealth of Massachusetts, Department of Public Works.
h. United States Occupational Safety and Health Administration (OSHA): Standard N2.29- CFR-1926.59 – Hazard Communication Standard.
i. United States Department of Justice, NLI 28 CFR Part 36 - Americans with Disabilities Act, (Public Law 101-336).
j. BOCA National Mechanical Code MM-C-S7.
Publication Dates: Where the date of issue of a code or regulation is not specified, comply with the standard in effect as of the date of Contract Documents, or as otherwise required by authorities having jurisdiction.
Costs for changes in the requirements of the Construction Drawings or Specifications required to achieve regulatory compliance as described above shall be borne by the Contractor and is included in the Scope of Work of the Construction Contract.
1. The IBC and the building code for the Commonwealth of Massachusetts, as well as all other applicable laws, codes and ordinances, shall be 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.
2. If any provisions of this Specification shall be such as to render it invalid or illegal, then, if it shall not appear to have been made by the parties, it shall not be deemed to form part thereof, but the business of the Specification shall remain in full force and effect.
3. In the event of any conflict between the provisions of these documents and the provisions
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PARAGRAPH 13.5.1: Add the following:
1. In general, all testing and inspections for soils, structural fills, concrete, steel connections, etc., not required by public authorities, shall be by a testing agency engaged and paid for by others.
2. The Contractor shall provide full cooperation to allow the testing agency to properly conduct his operations.
ARTICLE 14 - TERMINATION OR SUSPENSION OF THE CONTRACT
14.1 TERMINATION BY THE CONTRACTOR
Delete in its entirely and substitute the following:
14.1 If the work is stopped for a period of 30 days under any order of any court or other public Authority having jurisdiction or as a result of an act of government, such as a declaration of a national emergency making materials unavailable, through no act or fault of the Contractor or a Sub-Contractor, or their agents or employees, or any other persons performing any of the Work under a Contract with the Contractor, then the Contractor may, upon seven (7) additional days written notice to the Owner and the Architect, terminate the Contract and recover from the Owner payment for all work executed and for any proven loss sustained upon any materials, equipment, tools, construction equipment and machinery, including reasonable profit and damages.
END OF SECTION
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