DOCUMENT 00 73 10 SPECIAL CONDITIONS
1.01 MASSACHUSETTS GENERAL LAWS
A. The following lists certain sections of the Massachusetts General Laws applicable to this
Project, which shall be included in this Contract as if written out in full.
Subject Statute or Executive Order
PAYMENT, CONTRACT ADMINISTRATION, ETC.
“or Equal” Clause M.G.L. Chapter 30
Section 39 M(b)
Delays M.G.L. Chapter 30
Section 39 O
Deviations M.G.L. Chapter 30
Section 39 I
Finality of Decisions M.G.L. Chapter 30
Section 39 J
Differing Site Conditions M.G.L. Chapter 30
Section 39 N
Timely Decisions M.G.L. Chapter 30
Section 39 P
Certificate of Appropriation M.G.L. Chapter 30
Section 39 C
Method of Payment M.G. L. Chapter 30
(Public Building Projects) Section 39 K
Method of Payment M.G.L. Chapter 30
(Public Works Projects) Section 39 G
Direct Payment M.G.L. Chapter 30
Section 39 F
Discharge of Release of Bonds M.G.L. Chapter 30
Section 40 WAGES AND EMPLOYMENT PRACTICES
Preference to Veterans and Citizens M.G.L. Chapter 149
Section 26
Determination of Wage Rates M.G.L. Chapter 149
ELEVATOR MODERNIZATIONS Boston, Massachusetts
BROOKLINE, MASSACHUSETTS Tel: (617) 268-8977
CBI JOB NO.: 14007 Fax: (617) 464-2971
Employment Records M.G.L. Chapter 149
Section 27B
Wages Paid to Operators of Trucks M.G.L. Chapter 149
and Other Equipment Section 37 F
Reserve Police Officers M.G.L. Chapter 149
Section 34 B
Eight-Hour Day, etc. M.G.L. Chapter 149
Sections 30, 34 and 34 A
Lodging, etc. M.G.L. Chapter 149
Section 25
Access to Contractor's Records Executive Order No. 195
Worker's Compensation Insurance M.G.L. Chapter 149,
Section 34 CONTRACTOR'S ACCOUNTING METHODS
Contractor's Accounting Method M.G.L. Chapter 149
Requirements Section 39 R
MISCELLANEOUS
Weather Protection M.G.L. Chapter 149,
Section 44 F (I)
Form for Sub-Contract M.G.L. Chapter 149,
Section 44 (F) (4) (C)
Foreign Corporations M.G.L. Chapter 181,
Section 3.5; Chapter 30, Section 39.L
Shoring M.G.L. Chapter 149
Section 129 A
Compliance with Tax Laws M.G.L. Chapter 62 C
Section 49 A
1.02 EQUAL OPPORTUNITY, AFFIRMATIVE ACTION POLICY
A. The following Special Conditions are requirements of the Town of Brookline,
Massachusetts, and apply to performance and procedures of Contractor and all subcontractors, suppliers, and others providing labor, material, equipment and services to the Project, regardless of tier. Copies of all referenced policies are available from the Town of Brookline.
1. The Town of Brookline is an Equal Opportunity, Affirmative Action Employer and
ELEVATOR MODERNIZATIONS Boston, Massachusetts
BROOKLINE, MASSACHUSETTS Tel: (617) 268-8977
CBI JOB NO.: 14007 Fax: (617) 464-2971
SPECIAL CONDITIONS
businesses. A copy of the Town of Brookline Affirmative Action Program is included as if bound herein.
a. The Contractor shall maintain on this Project a not less than 5% ratio of
minority employee worker hours to total worker hours in each job category including but not limited to brick-layers, carpenters, cement masons, electricians, ironworkers, operating engineers, and those "classes of work" enumerated in Section 44C of Chapter 149 of the Massachusetts General Laws.
1.03 DEFINITIONS – OWNER AND ARCHITECT
A. Wherever the term “Owner” is used in this specification, it refers to
Town of Brookline 333 Washington Street Brookline, Massachusetts 02445
1. The terms “Owner” and “Awarding Authority” as used in the Project Manual have
the same meaning and are interchangeable in the Contract Documents. Both terms refer to the same entity.
2. Important Tax Note: OWNER is exempt from certain taxes. It is therefore required
that the Contractor and Subcontractors purchasing taxable goods or services make known to suppliers that tax-exempt status of the Owner, in order that such taxes will not be applied to goods under Contract. In the event that such taxes are paid on any items, the Contractor shall obtain rebates for the taxes and reimburse the Owner in the full amount by change order. The Owner will provide the necessary evidence and certificates of its tax-exempt status upon request of those concerned. The most prevalent taxes concerned are:
a. Federal Excise Taxes as applied to articles which are taxable under Chapter
32 of the Internal Revenue Code of 1954, as amended. The Owner’s Excise Tax Exemption Certificate Number is applicable.
b. Sales and Use Tax imposed by the Commonwealth of Massachusetts: The
Owner has been assigned Exemption Certificate Number with respect to leases, rental or purchase of “tangible personal property”, including building materials and supplies, subject to Massachusetts Sales and Use Tax. This exemption does not apply to any equipment leased or rented by the Contractor for their own use on the construction of the Project.
c. Sales and Use Tax imposed by the states where the Owner does not have exemption status: The Owner may choose to apply for tax exemption status in other states where major building materials and supplies are being purchased. In the event that the Owner obtains exemption status after bids are received, the Contractor shall adjust the Stipulated Sum by change order, for the amount equal to the scheduled taxes that where included in the Contractor’s Bid.
3. All papers required to be delivered to the Owner shall, unless otherwise specified
ELEVATOR MODERNIZATIONS Boston, Massachusetts
BROOKLINE, MASSACHUSETTS Tel: (617) 268-8977
CBI JOB NO.: 14007 Fax: (617) 464-2971
B. Wherever the term “Architect” or “Engineer” is used in the Contract Documents, it refers
to:
CBI Consulting Inc. 250 Dorchester Avenue
Boston, MA 02127
ELEVATOR MODERNIZATIONS Boston, Massachusetts
BROOKLINE, MASSACHUSETTS Tel: (617) 268-8977
CBI JOB NO.: 14007 Fax: (617) 464-2971