HomeMy WebLinkAbout2025-08-18 Killam School Building Committee Packet Revised (PDF)
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at the meeting. However the agenda does not necessarily include all matters which may be taken up at this meeting.
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2018-07-16 LAG Board - Committee - Commission - Council:
Killam School Building Committee
Date: 2025-08-18 Time: 7:00 PM
Building: Reading Town Hall Location: Conference Room
Address: 16 Lowell Street Agenda:
Purpose: General Business
Meeting Called By: Joshua Delaune on behalf of Chair Carla Nazzaro
Notices and agendas are to be posted 48 hours in advance of the meetings excluding
Saturdays, Sundays and Legal Holidays. Please keep in mind the Town Clerk’s hours of
operation and make necessary arrangements to be sure your posting is made in an
adequate amount of time. A listing of top ics that the chair reasonably anticipates will be
discussed at the meeting must be on the agenda.
All Meeting Postings must be submitted in typed format; handwritten notices will not be accepted.
Topics of Discussion:
Join Zoom Meeting
https://us06web.zoom.us/j/81096862079?pwd=V0pMAVwaMCMLFJPoB0bd27LypNZBa0.1
Meeting ID: 810 9686 2079
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1. Call to Order
2. Public Comment
3. KSBC Liaison Reports
4. CPL Financial and Schedule Review*
5. MSBA PFA Amendment
6. DD documents*
a. DD Documents Folder
7. VE List
8. Approval of Prior Meeting Minutes (7/14/25 Meeting)*
9. Future Agenda Items and Next Meeting dates
10. Adjourn*
*Noted Potential vote required
Town of ReadingKillam Elementary SchoolAugust 16, 2025 Project Budget and Cost SummaryAB1CDEFGHIJK(Bud. Adj. Tab)(C+D)(Com. Cost tab)(E-F)(Forecast. tab, >G)(F+G+H)(Invoice Tab)(I-J) Description PFA Approved BudgetPFA Approved BudgetAuthorized ChangesApproved Budget Committed CostsUncommitted CostsForecast CostsTotal Project CostsExpenditures to DateBalance To Spend 20 Construction Construction$101,521,394$0$101,521,394$0$101,521,394$0$101,521,394$0$101,521,394 Change Orders$0$0$0$0$0$0$0$0 Subtotal$0$101,521,394$0$101,521,394$0$101,521,394$0$101,521,394$0$101,521,394 30 Architectural & EngineeringDesign Development$2,200,000-$312,500$1,887,500$1,887,500$0$0$1,887,500$1,415,625$471,875Construction Documents$3,200,000$142,500$3,342,500$3,342,500$0$0$3,342,500$0$3,342,500Bidding / Negotiations$350,000-$63,500$286,500$286,500$0$0$286,500$0$286,500Closeout$275,000-$48,858$226,142$191,000$35,142$0$226,142$0$226,142Construction Administration$3,200,000$142,500$3,342,500$3,342,500$0$0$3,342,500$0$3,342,500 Other Basic Services$225,000$0$225,000$0$225,000$0$225,000$0$225,000Geotechnical & GeoEnv. Engineering $200,000$18,708$218,708$218,708$0$0$218,708$5,654$213,054Site Survey$50,000$5,000$55,000$55,000$0$0$55,000$14,190$40,810Survey of Existing Conditions / Wetlands$25,000$0$25,000$0$25,000$0$25,000$0$25,000Hazardous Materials$200,000$0$200,000$172,700$27,300$0$200,000$0$200,000Traffic Studies$50,000$59,450$109,450$109,450$0$0$109,450$0$109,450Other Reimbursable Costs$50,000$56,700$106,700$106,700$0$0$106,700$11,721$94,979Printing (Over the Minimum)$20,000$0$20,000$0$20,000$0$20,000$0$20,000A&E Feasibility Study$800,000$850,000$0$850,000$850,000$0$0$850,000$850,000$0 Subtotal$800,000$10,895,000$0$10,895,000$10,562,558$332,442$0$10,895,000$2,297,190$8,597,810 40 Administrative Costs OPM Feasibility Study$280,000 $335,500 $0 $335,500 $335,500 $0 $0 $335,500 $335,500 $0 OPM Design Development$500,000 $0 $500,000 $250,000 $250,000 $0 $500,000 $97,799$402,202 OPM Construction Contract Documents$500,000 $0 $500,000 $500,000 $0 $0 $500,000 $0 $500,000 OPM Bidding$150,000 $0 $150,000 $150,000 $0 $0 $150,000 $0 $150,000 OPM Construction Contract Admin$3,300,000 $0 $3,300,000 $3,175,000 $125,000 $0 $3,300,000 $0 $3,300,000 OPM Closeout$500,000 $0 $500,000 $216,569 $283,431 $0 $500,000 $0 $500,000 OPM: Cost Estimates$90,000 $0 $90,000 $54,000 $36,000 $0 $90,000 $0 $90,000 Advertising$5,000 $0 $5,000 $0 $5,000 $0 $5,000 $0 $5,000 Other Administrative Costs $200,000 $0 $200,000 $0 $200,000 $0 $200,000 $0 $200,000 Other Project Costs (Moving)$150,000 $0 $150,000 $0 $150,000 $0 $150,000 $0 $150,000 Utility Fees$200,000 $0 $200,000 $0 $200,000 $0 $200,000 $0 $200,000 Legal$100,000 $0 $100,000 $0 $100,000 $0 $100,000 $0 $100,000 Testing Services$400,000 $0 $400,000 $0 $400,000 $0 $400,000 $0 $400,000 Swing Space / Modular$750,000 $0 $750,000 $732,585 $17,415 $0 $750,000 $453,060$296,940Environmental & Site (FS/SD)$500,000 $500,000 -$188,280 $311,720 $283,130 $28,590 $0 $311,720 $203,345 $108,375Other Project Costs (FS/SD)$620,000$514,500$79,874$594,374$594,374$0$0$594,374$575,674$18,700 Subtotal$1,400,000$8,195,000-$108,406$8,086,594$6,291,157$1,795,437$0$8,086,594$1,665,377$6,421,217 50 Furniture, Fixtures and Equipment Furniture, Fixtures and Equipment$1,587,500$0$1,587,500$0$1,587,500$0$1,587,500$0$1,587,500 Equipment$1,587,500$0$1,587,500$0$1,587,500$0$1,587,500$0$1,587,500 Technology$0$0$0$0$0$0$0$0 Subtotal$0$3,175,000$0$3,175,000$0$3,175,000$0$3,175,000$0$3,175,000 Project Sub-Total$2,200,000 $123,786,394 -$108,406 $123,677,988 $16,853,715 $106,824,273 $0 $123,677,988 $3,962,567 $119,715,421 Construction Contingency (Hard Cost)$0$5,076,069$0$5,076,069$5,076,069$0$5,076,069$5,076,069 Owner's Contingency (Soft Cost)$0$1,149,320$108,406$1,257,726$1,257,726$0$1,257,726$1,257,726 Subtotal$0$6,225,389$108,406$6,333,795$6,333,795$0$6,333,795$6,333,795 Project Total$2,200,000 $130,011,783 $0 $130,011,783 $16,853,715 $113,158,068 $0 $130,011,783 $3,962,567 $126,049,21670 Project ContingencyPotential ContingencyBUDGET COST CASH FLOWPotential RiskCurrent Contingency 8/16/2025Page 1 of 8
Town of ReadingKillam Elementary School08/16/25Project Budget AdjustmentsAdjustment Item BRR Adjusted AmountDate ApprovedCODE CommentsMove to Other Project Costs from SC Cont $3,600.0006/11/2440-810Move to Cover KartoonFrom SC Cont to Other Project Costs($3,600.00)06/11/2470-500Move to Cover KartoonMove from Other Project Cost to SC Cont ($50,000.00)10/21/2440-810Adjustment to coordinate to MSBA Propay System (No Cont Line)To SC Cont from Other Project Cost $50,000.0010/21/2470-500Adjustment to coordinate to MSBA Propay System (No Cont Line)Move to Other Project Costs from SC Cont($269.67)10/21/2440-810Adjustment to coordinate to MSBA Propay System (No Cont Line)From SC Cont to Other Project Costs$269.6710/21/2470-500Adjustment to coordinate to MSBA Propay System (No Cont Line)Move to Other Project Costs from SC Cont($2,750.00)10/21/2440-810Adjustment to coordinate to MSBA Propay System (No Cont Line)From SC Cont to Other Project Costs$2,750.0010/21/2470-500Adjustment to coordinate to MSBA Propay System (No Cont Line)Move to Other Project Costs from SC Cont($3,600.00)10/21/2440-810Adjustment to coordinate to MSBA Propay System (No Cont Line)From SC Cont to Other Project Costs$3,600.0010/21/2470-500Adjustment to coordinate to MSBA Propay System (No Cont Line)Move to OPM FS from Other Project Cost($15,500.00)12/16/2440-810Moved $15,500 to Cover Opm SD Cost EstimateFrom Other Project Cost to OPM FS$15,500.0012/16/2440-010Moved $15,500 to Cover Opm SD Cost EstimateMove to OPM FS from Other Project Cost($40,000.00)02/04/2540-810Moved $40,000 to Cover OPM FS/SD CostFrom Other Project Cost to OPM FS$40,000.0002/04/2540-010Moved $40,000 to Cover OPM FS/SD CostMove to Other Project Costs from Env & site$79,873.6103/10/2540-810Moved to cover Designer Amd 13From Env. &Site to Other Project Cost($79,873.61)03/10/2540-800Moved to cover Designer Amd 13END OF FS-SDMove to Owner's SC Cont from A&E FS$50,000.0006/02/2570-500Moved to correct for New PFAFrom A&E FS to Owner's SC Cont($50,000.00)06/02/2530-290Moved to correct for New PFAMove to Owner's SC Cont from OPM FS$55,500.0006/02/2570-500Moved to correct for New PFAFrom OPM FS to Owner's SC Cont($55,500.00)06/02/2540-010Moved to correct for New PFAMove to Other Project Costs from Eviron & Site$105,500.0006/02/2540-810Moved to correct for New PFAMove to Owner's SC Cont from Eviron & Site$8,792.0006/02/2570-500Moved to correct for New PFAFrom Eviron & Site to Owner's SC Cont / Other PC($114,292.00)06/02/2540-800Moved to correct for New PFAMove to Environ & Site from Owner's SC Const$5,886.0006/02/2540-800Moved to cover Designer Amd 14From Owner's SC Const to Eviron & Site($5,886.00)06/02/2570-500Moved to cover Designer Amd 14Move to A&E Const Doc from A&E Design Development$142,500.0006/02/2530-130Internal Budget Adjustments - LBA Amd 15 From A&E Design Development to A&E Const Doc($142,500.00)06/02/2530-120Internal Budget Adjustments - LBA Amd 15 Move to A&E Const Admin from A&E Design Development$142,500.0006/02/2530-160Internal Budget Adjustments - LBA Amd 15 From A&E Design Development to A&E Const Admin($142,500.00)06/02/2530-120Internal Budget Adjustments - LBA Amd 15 Move to Geotech from A&E Design Development$18,708.0006/02/2530-210Internal Budget Adjustments - LBA Amd 16 From A&E Design Development to Geotech($18,708.00)06/02/2530-120Internal Budget Adjustments - LBA Amd 16 Move to Traffic Studies from A&E Bidding / Negotiations$59,450.0007/14/2530-260Internal Budget Adjustments - LBA Amd 17 From A&E Bidding / Negotiations to Traffic Studies($59,450.00)07/14/2530-140Internal Budget Adjustments - LBA Amd 17 Move to Other Reimbable Costs from Various$56,700.0007/14/2530-270Internal Budget Adjustments - LBA Amd 17 From A&E Design Development to Other Reimbable Costs($8,792.00)07/14/2530-120Internal Budget Adjustments - LBA Amd 17 From A&E Bidding / Negotiations to Other Reimbable Costs($4,050.00)07/14/2530-140Internal Budget Adjustments - LBA Amd 17 From A&E Closeout to Other Reimbable Costs ($43,858.00)07/14/2530-150Internal Budget Adjustments - LBA Amd 17 Move to Site Survey from A&E Closeout$5,000.0008/14/2530-230Internal Budget Adjustments - LBA Amd 18 From A&E Closeout to Site Survey ($5,000.00)08/14/2530-150Internal Budget Adjustments - LBA Amd 18 Total Approved Adjustments to Date$0.00-$ 3:52 PM 8/16/2025Budget AdjustmentsPage 2 of 8
Town of ReadingKillam Elementary School08/16/25Committed Cost (Contracts/Pos) VENDOR AMOUNTISSUE DATESIGNED/ RETURN DATEENCUM (PO) CODE MSBA NotesColliers Project Leaders $280,000.00 6/22/2023 07/19/23 CPL Contract 40-010 0001-0000 CPL Base Contract Excluding EstimatingLavallee Brensinger Architects $400,000.00 12/12/202312/12/2023 LBA Contract 30-290 0002-0000 LBA Base Contract for FS (Excluding Extra Services)Lavallee Brensinger Architects $450,000.00 12/12/202312/12/2023 LBA Contract 30-290 0002-0000 LBA Base Contract for SD (Excluding Extra Services)Lavallee Brensinger Architects $26,400.00 12/14/2023 12/23/23 LBA Amd 01 40-800 0003-0000 LBA Amd 01 - Land Surverying (Samiotes)Lavallee Brensinger Architects $120,450.00 12/14/202312/23/23 LBA Amd 02 40-800 0003-0000 LBA Amd 02 - Traffic Study (GPI)Lavallee Brensinger Architects $4,950.00 12/18/2024 12/23/23 LBA Amd 03 40-800 0003-0000 LBA Amd 03 - Haz Mat Consulting (UEC)Lavallee Brensinger Architects $14,520.00 12/18/2024 12/23/23 LBA Amd 04 40-800 0003-0000 LBA Amd 04 - Phase 1 ESA & Soil Sampling (FS Engineers)Lavallee Brensinger Architects $41,800.00 1/3/2024 01/25/24 LBA Amd 05 40-800 0003-0000 LBA Amd 05 - Geotech Services (LGCI)Daily Times Chronicle $269.67 9/14/2023 02/29/24 PO NA 40-810 0004-0000 District advertising for Designer ServicesLavallee Brensinger Architects $2,750.00 5/29/2024 06/17/24 LBA Amd 06 40-800 0003-0000 LBA Amd 6 - Soil Testing for Stormwater System LocationsLavallee Brensinger Architects $2,750.00 5/29/2024 06/17/24 LBA Amd 07 40-810 0004-0000 LBA Amd 7 - Additional Cost Estimating HVAC systemsKartoon EDU $3,600.00 5/7/2024 06/10/24 Contract 40-810 0004-0000 Pillars @ $600/each - Video InformationLavallee Brensinger Architects $16,500.00 8/30/2024 09/10/24 LBA Amd 08 40-800 0003-0000 LBA Amd 8 - “TEDI” Energy ModelingLavallee Brensinger Architects $2,753.94 9/12/2024 10/15/24 LBA Amd 09 40-810 0004-0000 LBA Amd 9 - Additional services for printing delivery boardsLavallee Brensinger Architects $10,000.00 11/13/2024 11/20/24 LBA Amd 10 40-800 0003-0000 LBA Amd 10 - reimbursable expensesColliers Project Leaders $15,500.00 12/12/2024 12/16/24 CPL Amd 01 40-010 0001-0000 CPL Amd 01 - SD Cost EstimatingLavallee Brensinger Architects $1,540.00 12/12/2024 12/16/24 LBA Amd 11 40-800 0003-0000 LBA Amd 11 - cost estimating of an additional HVAC option Lavallee Brensinger Architects $66,924.00 12/12/2024 12/16/24 LBA Amd 12 40-800 0003-0000 LBA Amd 12 - additional services for geothermal test well Colliers Project Leaders $40,000.00 1/31/2025 02/04/25CPL Amd 02 40-010 0001-0000 CPL Amd 02 - Extended SD ServicesGienapp Architects $85,000.00 1/15/2025 02/04/25 GA Contract 40-810 0004-0000 Design Services for Modular relocationLavallee Brensinger Architects $500,000.00 3/10/2025 04/22/25 LBA Amd 13 40-810 0004-0000 LBA Amd 13 - Continue design ServicesLavallee Brensinger Architects $5,886.00 5/14/2025 06/02/25 LBA Amd 14 40-800 0003-0000 LBA Amd 14 - New Contract for geothermal test well servicesLavallee Brensinger Architects $1,887,500.00 5/27/2025 06/02/25 LBA Amd 15 30-120 0201-0400 DD PhaseLavallee Brensinger Architects $3,342,500.00 5/27/2025 06/02/25 LBA Amd 15 30-130 0201-0500 CD PhaseLavallee Brensinger Architects $286,500.00 5/27/2025 06/02/25 LBA Amd 15 30-140 0201-0600 Bid PhaseLavallee Brensinger Architects $3,342,500.00 5/27/2025 06/02/25 LBA Amd 15 30-160 0201-0700 CA PhaseLavallee Brensinger Architects $191,000.00 5/27/2025 06/02/25 LBA Amd 15 30-150 0201-0800 Closeout PhaseLavallee Brensinger Architects $172,700.00 5/28/2025 06/02/25 LBA Amd 16 30-240 0204-0200 Haz MatLavallee Brensinger Architects $148,038.00 5/28/2025 06/02/25 LBA Amd 16 30-210 0204-0300 GeoTechLavallee Brensinger Architects $70,670.00 5/28/2025 06/02/25 LBA Amd 16 30-210 0204-0300 GeoEnvironmentalLavallee Brensinger Architects $3,300.00 5/28/2025 06/02/25 LBA Amd 16 30-230 0204-0400 Soil TestingLavallee Brensinger Architects $3,850.00 5/28/2025 06/02/25 LBA Amd 16 30-230 0204-0400 Building Control PlanLavallee Brensinger Architects $11,000.00 5/28/2025 06/02/25 LBA Amd 16 30-230 0204-0400 SurveyLavallee Brensinger Architects $4,400.00 5/28/2025 06/02/25 LBA Amd 16 30-230 0204-0400 Certified Plot PlanLavallee Brensinger Architects $7,700.00 5/28/2025 06/02/25 LBA Amd 16 30-230 0204-0400 Site Acoustic SurveyLavallee Brensinger Architects $22,000.00 5/28/2025 06/02/25 LBA Amd 16 30-270 0203-9900 Other Misc ReimbColliers Project Leaders $250,000.00 5/29/2025 06/02/25 CPL Amd 03 40-020 0102-0400 DD PhaseColliers Project Leaders $500,000.00 5/29/2025 06/02/25 CPL Amd 03 40-030 0102-0500 CD PhaseColliers Project Leaders $150,000.00 5/29/2025 06/02/25 CPL Amd 03 40-040 0102-0600 Bid PhaseColliers Project Leaders $3,175,000.00 5/29/2025 06/02/25 CPL Amd 03 40-050 0102-0700 CA PhaseColliers Project Leaders $216,569.00 5/29/2025 06/02/25 CPL Amd 0340-0600102-0800 Closeout PhaseColliers Project Leaders $54,000.00 5/29/2025 06/02/25CPL Amd 03 40-100 0102-1100 AMF Estimating Services DD to CDLavallee Brensinger Architects -$28,590.00 6/17/2025 07/14/25 LBA Amd 17 40-800 0003-0000 Deduct from LBA Amd 02 - Traffic Study (GPI)Lavallee Brensinger Architects $50,160.00 6/17/2025 07/14/25 LBA Amd 17 30-260 0204-1200 Traffic Engineer (On-Ste)Lavallee Brensinger Architects $59,290.00 6/17/2025 07/14/25 LBA Amd 17 30-260 0204-1200 Traffic Engineering (off-site)3:52 PM 8/16/2025Committed CostsPage 3 of 8
Lavallee Brensinger Architects $77,000.00 6/17/2025 07/14/25 LBA Amd 17 30-270 0203-9900 Compliance Energy Modeling - TEDI, LEED and BackstopLavallee Brensinger Architects $7,700.00 6/17/2025 07/14/25 LBA Amd 17 30-270 0203-9900 Tree Removal and Protection PlanLavallee Brensinger Architects $24,750.00 8/13/2025 LBA Amd 18 30-230 0204-0400 Supplemental Survey - Charles & Haverhill StreetsDaily Times Chronicle $354.00 3/26/2025 PO NA 40-751 0603-0000 District advertising for Modular Relocation IFBDaily Times Chronicle $348.10 5/16/2025 PO NA 40-751 0603-0000 District advertising for Modular Relocation IFBModulease $714,400.00 5/5/2025 Modulease Contract 40-751 0603-0000 Contract for modular RelocationADF Painting Co $3,000.00 8/6/2025 PO 26000411 40-751 0603-0000 Exterior Painting - Modular RelocationGienapp Architects $10,447.73 8/14/2025 GEINAPP Amd 01 40-751 0603-0000 Amendment 01 for Reimbursable Costs Complete Cleaning Co $3,500.00 6/23/2025 MSA 40-751 0603-0000 Move contents from Classrooms to GymKnox Company $535.00 8/14/2025 PO 26000488-001 40-751 0603-0000 Knoxbox Surface Mount Hinged Door - Modular RelocationTOTAL $16,853,715.44$16,853,715.443:52 PM 8/16/2025Committed CostsPage 4 of 8
Town of ReadingKillam Elementary School08/16/25Expenditures - Invoices/Requisistions Invoice Amount Vendor Invoice NumberInvoice DateApproval DateCODE Propay CodePropay Subm. #Description$9,798.50 Colliers Project Leaders 1013101 01/06/25 01/22/25 40-010 0001-0000 07 CPL Services December 2024 - FS/ SD$45,000.00Lavallee Brensinger Architects2132101/16/2501/22/2530-2900002-000007LBA ServicesDecember 2024 - SD$5,108.40Lavallee Brensinger Architects2132101/16/2501/22/2540-8000003-000007LBA Services December 2024 - A&E Environmental & site - Traffic$24,200.00Lavallee Brensinger Architects2132101/16/2501/22/2540-8000003-000007LBA Services December 2024 - A&E Environmental & site - Geotech$45,000.00Lavallee Brensinger Architects2153402/17/2506/02/2530-2900002-0000LBA Services January 2025 - SD$7,444.80Lavallee Brensinger Architects2153402/17/2506/02/2540-8000003-0000LBA Services January 2025 - A&E Environmental & site - Traffic$56,699.75Colliers Project Leaders103185803/06/2506/02/2540-0100001-0000CPL Services January & February 2025 SD$22,500.00Lavallee Brensinger Architects2156203/10/2506/02/2530-2900002-0000LBA Services February 2025 - SD$4,375.80Lavallee Brensinger Architects2156203/10/2506/02/2540-8000003-0000LBA Services February 2025 - A&E Environmental & site - Traffic$16,500.00Lavallee Brensinger Architects2178405/26/2506/02/2540-8000003-0000LBA Services March 2025 - A&E - SD Energy Modeling$250,000.00Lavallee Brensinger Architects2178405/26/2506/02/2540-8100004-0000LBD Services March 2025 - Continuation of Services$1,540.00Lavallee Brensinger Architects2178405/26/2506/02/2540-8000003-0000LBA Services March 2025 - A&E - HVAC System Comparison Cost Estimate$175,000.00Lavallee Brensinger Architects2186605/28/2506/02/2540-8100004-0000LBD Services April 2025 - Continuation of Services$1,890.50Colliers Project Leaders106070006/05/2507/14/2540-0100001-0000CPL Services May 2025 - SD$38,231.50Colliers Project Leaders106070006/05/2507/14/2540-0200102-0400CPL Services May 2025 - DD$471,875.00Lavallee Brensinger Architects2203506/10/2407/14/2530-1200201-0400LBA Services May 2025 - DD$75,000.00Lavallee Brensinger Architects2203506/10/2407/14/2540-8100004-0000LBD Services May 2025 - Continuation of Services$22,776.75Colliers Project Leaders106893107/03/2507/14/2540-0200102-0400CPL Services June 2025 - DD$471,875.00Lavallee Brensinger Architects2222208/13/2530-1200201-0400LBA Services June 2025 - DD$5,654.00Lavallee Brensinger Architects2222208/13/2530-2100204-0300LBA Add Services June 2025 - Geotech$1,776.53Lavallee Brensinger Architects2222208/13/2530-2700203-9900LBA Reimbursables June 2025$471,875.00Lavallee Brensinger Architects2234908/13/2530-1200201-0400LBA Services July 2025 - DD$3,025.00Lavallee Brensinger Architects2234908/13/2540-8000003-0000LBA Add Services July 2025 - Geotech$385.00Lavallee Brensinger Architects2234908/13/2530-2300204-0400LBA Add Services July 2025 - Bldg Control Plan$8,800.00Lavallee Brensinger Architects2234908/13/2530-2300204-0400LBA Add Services July 2025 - Survey$5,005.00Lavallee Brensinger Architects2234908/13/2530-2300204-0400LBA Add Services July 2025 - Site Acoustic Survey$44.17Lavallee Brensinger Architects2234908/13/2530-2700203-9900LBA Reimbursables July 2025$9,900.00Lavallee Brensinger Architects2234908/13/2530-2700203-9900LBA Add Services July 2025 - Compliance Energy Modeling$36,790.25Colliers Project Leaders107946108/06/2540-0200102-0400CPL Services July 2025 - DD$354.00Daily Times Chronicle25030903/26/2540-7510603-000007District advertising for Modular Relocation IFB$26,000.00Gienapp Architects682.29-102/28/2540-8100004-000007Gienapp Services February 2025 - Modular Relocation$36,550.00Gienapp Architects682.29-203/31/2540-8100004-000007Gienapp Services March 2025 - Modular Relocation$550.00Gienapp Architects682.29-304/30/2540-8100004-000007Gienapp Services April 2025 - Modular Relocation$10,447.73Gienapp Architects682.29-R105/30/2540-7510603-000007Gienapp Services May 2025 - Modular Relocation$4,400.00Gienapp Architects682.29-406/04/2540-8100004-000007Gienapp Services May 2025 - Modular Relocation$348.10Daily Times Chronicle25053705/16/2540-7510603-0000District advertising for Modular Relocation IFB$900.00Complete Cleaning Co1396206/24/2540-7510603-0000Move contents from Classrooms to Gym$131,575.00Modulease0107/11/2540-7510603-0000Pay Req 01 - Modular Relocation$305,900.00Modulease0207/30/2540-7510603-0000Pay Req 02 - Modular Relocation$3,000.00ADF Painting Co156508/11/2540-7510603-0000Exterior Painting - Modular Relocation$535.00Knox Company122938408/14/2540-7510603-0000Surface Mount Hinged Door - Modular Relocation$3,962,566.54Total Spent to Date$3,962,566.543:52 PM 8/16/2025Invoice ListingPage 5 of 8
Killam Elementary SchoolEstimated Project Cash Flow SheetOPMDesigner & ConsultantsFF&E & Misc Construction Contingency Estimated Outlay Actual outlay Est Cum Act Cum1 Aug-23 $8,203 $8,203 $620 $8,203 $6202 Sep-23 $15,096 $15,096 $11,903 $23,299 $12,5233 Oct-23 $15,096 $15,096 $8,303 $38,395 $20,8254 Nov-23 $15,096 $15,096 $7,433 $53,491 $28,2585 Dec-23 $14,025 $14,025 $0 $67,516 $28,2586 Jan-24 $14,584 $20,000 $34,584 $32,431 $102,100 $60,6897 Feb-24 $14,584 $50,000 $64,584 $60,074 $166,684 $120,7638 Mar-24 $14,584 $75,000 $89,584 $0 $256,268 $120,7639 Apr-24 $14,584 $75,000 $89,584 $91,282 $345,852 $212,04510 May-24 $14,584 $75,000 $2,500 $92,084 $141,991 $437,936$354,03611 Jun-24 $14,584 $75,000 $2,500 $92,084 $74,197 $530,020 $428,23312 Jul-24 $14,584 $75,000 $89,584 $0 $619,604 $428,23313 Aug-24 $14,584 $75,000 $89,584 $156,873 $709,188 $585,10614 Sep-24 $14,584 $75,000 $89,584 $219,660 $798,772 $804,76615 Oct-24 $14,584 $75,000 $89,584 $88,483 $888,356 $893,24916 Nov-24 $14,584 $75,000 $89,584 $23,026 $977,940 $916,27517 Dec-24 $14,584 $75,000 $89,584 $139,799 $1,067,524 $1,056,07318 Jan-25 $15,174 $75,000 $90,174 $181,969 $1,157,698 $1,238,04319 Feb-25 $17,245 $75,000 $92,245 $0 $1,249,943 $1,238,04320 Mar-25 $25,000 $75,000 $100,000 $0 $1,349,943 $1,238,04321 Apr-25 $25,000 $300,000 $25,000 $350,000 $0 $1,699,943 $1,238,04322 May-25 $50,557 $300,000 $25,000 $375,557 $0 $2,075,500 $1,238,04323 Jun-25 $66,000 $750,000 $35,000 $851,000 $579,060 $2,926,500 $1,817,10324 Jul-25 $66,000 $750,000 $450,000 $25,000 $1,291,000 $609,774 $4,217,50025 Aug-25 $102,000 $750,000 $350,000 $25,000 $1,227,000 $0$5,444,50026 Sep-25 $65,000 $475,000 $10,000 $25,000 $575,000 $0 $6,019,50027 Oct-25 $95,000 $475,000 $10,000 $25,000 $605,000 $0 $6,624,50028 Nov-25 $65,000 $475,000 $10,000 $25,000 $575,000 $0 $7,199,50029 Dec-25 $122,000 $475,000 $10,000 $25,000 $632,000 $0 $7,831,50030 Jan-26 $86,000 $475,000 $10,000 $25,000 $596,000 $0 $8,427,50031 Feb-26 $104,000 $475,000 $10,000 $25,000 $614,000 $0 $9,041,50032 Mar-26 $128,000 $475,000 $10,000 $25,000 $638,000 $0 $9,679,50033 Apr-26 $128,000 $185,000 $10,000 $50,000 $373,000 $0 $10,052,50034 May-26 $128,000 $185,000 $10,000 $50,000 $373,000 $0 $10,425,50035 Jun-26 $128,000 $150,000 $10,000 $750,000 $50,000 $1,088,000 $0 $11,513,50036 Jul-26 $128,000 $150,000 $10,000 $1,500,000 $50,000 $1,838,000 $0 $13,351,50037 Aug-26 $128,000 $150,000 $10,000 $2,250,000 $75,000 $2,613,000 $0 $15,964,50038 Sep-26 $121,000 $150,000 $10,000 $4,500,000 $150,000 $4,931,000 $0 $20,895,50039 Oct-26 $121,000 $150,000 $10,000 $5,500,000 $200,000 $5,981,000 $0 $26,876,50040 Nov-26 $121,000 $150,000 $10,000 $6,500,000 $200,000 $6,981,000 $0 $33,857,50041 Dec-26 $121,000 $150,000 $10,000 $6,500,000 $300,000 $7,081,000 $0 $40,938,50042 Jan-27 $126,000 $150,000 $10,000 $6,500,000 $300,000 $7,086,000 $0 $48,024,50043 Feb-27 $126,000 $150,000 $10,000 $6,500,000 $300,000 $7,086,000 $0 $55,110,50044 Mar-27 $126,000 $150,000 $10,000 $6,500,000 $300,000 $7,086,000 $0 $62,196,50045 Apr-27 $126,000 $150,000 $10,000 $6,500,000 $200,000 $6,986,000 $0 $69,182,50046 May-27 $126,000 $150,000 $10,000 $6,500,000 $200,000 $6,986,000 $0 $76,168,50047 Jun-27 $126,000 $150,000 $10,000 $5,500,000 $200,000 $5,986,000 $0 $82,154,50048 Jul-27 $126,000 $150,000 $10,000 $4,500,000 $300,000 $5,086,000 $0 $87,240,50049 Aug-27 $126,000 $150,000 $50,000 $4,500,000 $300,000 $5,126,000 $0 $92,366,50050 Sep-27 $126,000 $150,000 $50,000 $4,000,000 $300,000 $4,626,000 $0 $96,992,50051 Oct-27 $133,000 $150,000 $100,000 $4,000,000 $300,000 $4,683,000 $0 $101,675,500August 16, 2025Month Feasibility Study PeriodSchematic DesignFun-dingDesign DevelopConstruction DocumentsBidConstruction Phase8/16/2025Page 6 of 8
Killam Elementary SchoolEstimated Project Cash Flow SheetOPMDesigner & ConsultantsFF&E & Misc Construction Contingency Estimated Outlay Actual outlay Est Cum Act CumAugust 16, 2025Month 52 Nov-27 $154,000 $150,000 $1,750,000 $4,000,000 $300,000 $6,354,000 $0 $108,029,50053 Dec-27 $154,000 $100,000 $1,100,000 $3,500,000 $250,000 $5,104,000 $0 $113,133,50054 Jan-28 $127,000 $100,000 $250,000 $250,000 $175,000 $902,000 $0 $114,035,50055 Feb-28 $127,000 $100,000 $250,000 $250,000 $175,000 $902,000 $0 $114,937,50056 Mar-28 $108,000 $100,000 $25,000 $2,500,000 $175,000 $2,908,000 $0 $117,845,50057 Apr-28 $100,000 $100,000 $25,000 $1,500,000 $150,000 $1,875,000 $0 $119,720,50058 May-28 $100,000 $100,000 $25,000 $1,000,000 $100,000 $1,325,000 $0 $121,045,50059 Jun-28 $100,000 $100,000 $25,000 $1,500,000 $100,000 $1,825,000 $0 $122,870,50060 Jul-28 $100,000 $100,000 $25,000 $1,500,000 $100,000 $1,825,000 $0 $124,695,50061 Aug-28 $100,000 $100,000 $25,000 $1,250,000 $100,000 $1,575,000 $0 $126,270,50062 Sep-28 $82,000 $100,000 $25,000 $1,000,000 $100,000 $1,307,000 $0 $127,577,50063 Oct-28 $82,000 $100,000 $25,000 $700,000 $100,000 $1,007,000 $0 $128,584,50064 Nov-28 $82,000 $100,000 $25,000 $71,394 $100,000 $378,394 $0 $128,962,89465 Dec-28 $82,000 $50,000 $25,000 $100,000 $257,000 $0 $129,219,89466 Jan-29 $58,000 $50,000 $25,000 $100,000 $233,000 $0 $129,452,89467 Feb-29 $51,000 $40,000 $15,000 $50,000 $156,000 $0 $129,608,89468 Mar-29 $51,000 $40,000 $10,000 $25,000 $126,000 $0 $129,734,89469 Apr-29 $19,000 $40,000 $5,000 $25,000 $89,000 $0 $129,823,89470 May-29 $15,000 $40,000 $2,500 $25,000 $82,500 $0 $129,906,39471 Jun-29 $15,000 $40,000 $2,500 $25,000 $82,500 $0 $129,988,89472 Jul-29 $3,000 $5,208 $14,681 $22,889 $0 $130,011,783$130,011,783 $5,375,500 $11,795,208 $4,980,000 $101,521,394 $6,339,681 $130,011,783 $2,426,877Commissioning & Close outConstruction Phase8/16/2025Page 7 of 8
Town of ReadingKillam Elementary SchoolEstimated Project Cash Flow GraphAugust 16, 2025$0$20,000,000$40,000,000$60,000,000$80,000,000$100,000,000$120,000,000$140,000,000Estimated ExpenditureActual Expenditure3:52 PM 8/16/2025Page 8 of 8
100 Federal Street Floor 13 Boston, MA 02110 www.cplusa.com August 15, 2025 Matthew Kraunelis Town Manager Town of Reading 16 Lowell St Reading, MA 01867 Subject: J Warren Killam Elementary School Project Management Services Invoice #0001079461 Dear Mr. Kraunelis: Attached please find Colliers Project Leaders (CPL) invoice #0001079461, in the amount of $36,790.25 for Owner Project Manager services as authorized in Contract for the J Warren Killam Elementary School Project, during the month of June 2025. In the period of July 1 - July 31, 2025, the specific tasks undertaken and billed to this invoice include: • Prepare and attend in person School Building Committee meeting. • Attend and prepared agendas for XLT Meetings. • Attend Communications group meetings. • Attend Design meetings • Review Architect invoice. • Review Architect Amendment #18 • Prepare and Coordinate DD phase documents • Review DD estimate drawings Please take note of our new remit to address;101 Crawfords Corner Road Suite 3400, Holmdel, New Jersey 07733. Please feel free to contact me at (508) 215-6050 if you have any questions concerning this invoice. Sincerely, Justin Ferdenzi, ProPay Code: Project Manager $36,790.25: 0102-0400 Attachement : 2025 07 Colliers Invoice #1079461
For Professional Services Rendered Through 7/31/2025
Current Billings 36,790.25 3
Amount Due This Bill 36,790.25
Billings
Fee Remaining Fee % Complete To Date Previous Current
Feasibility Study / Schematic Design Phase 320,000.00 0.00 100.00 320,000.00 320,000.00 0.00
Cost Estimating 15,500.00 0.00 100.00 15,500.00 15,500.00 0.00
Design Development 250,000.00 152,201.50 39.12 97,798.50 61,008.25 36,790.25
Construction Documents 500,000.00 500,000.00 0.00 0.00 0.00 0.00
Bidding 150,000.00 150,000.00 0.00 0.00 0.00 0.00
Construction Administration 3,175,000.00 3,175,000.00 0.00 0.00 0.00 0.00
Completion / Closeout 216,569.00 216,569.00 0.00 0.00 0.00 0.00
Estimating 54,000.00 54,000.00 0.00 0.00 0.00 0.00
Subtotal:4,681,069.00 4,247,770.50 9.26 433,298.50 396,508.25 36,790.25
mike.carroll@collierseng.com;
justin.ferdenzi@collierseng.com
Town of Reading
Attn: Matt Kraunelis
16 Lowell St
Reading, MA 01867
Invoice : 0001079461
Invoice Date : 8/6/2025
Project : 23010425A
Project Manager: Osterman, Derek
Project Name : Reading MA/ OPM - J. Warren
Killam Elementary School
REMIT TO: Colliers Project Leaders USA NE, LLC 101 Crawfords Corner Road, Suite 3400 | Holmdel, NJ 07733
Phone: 877-627-3772 | Fax: 732-383-1980
In accordance with our business terms and conditions, acceptance of this invoice is implied unless Colliers Project Leaders USA NE, LLC is notified by 14 days from the date of this invoice.
If timely payment cannot be made due to any discrepancy, please E-mail a brief explanation to Billing@colliersengineering.com and we will reply as soon as possible.
EFT/ACH PAYMENT INFO: Colliers Engineering & Design, Inc. | JP Morgan Chase | Routing 021000021 | Account# 836759092
Project: 23010425A - Reading MA/ OPM - J. Warren Killam Elementary School Invoice: 0001079461
PM04 - Design Development
Labor
Rate Labor
Class Hours Rate Amount
Assistant Project Manager 34.00 175.0000 5,950.00
Financial Specialists 2.00 168.0000 336.00
Project Director 14.25 341.0000 4,859.25
Project Manager 8.25 192.0000 1,584.00
Senior Project Manager 83.25 260.0000 21,645.00
Subject Matter Expert 8.00 302.0000 2,416.00
Total Rate Labor 36,790.25
Total Labor 36,790.25
Total Bill Task: PM04 - Design Development 36,790.25
Total Project: 23010425A - Reading MA/ OPM - J. Warren Killam Elementary School 36,790.25
Page: 1
100 Federal Street, Floor 13 Boston, MA 02110 www.cplusa.com August 15, 2025 Matthew Kraunelis Town Manager Town of Reading 16 Lowell St Reading, MA 01867 Subject: J. Warren Killam Elementary School Designer Amendment #18 Dear Mr. Kraunelis: Colliers Project Leaders has reviewed and recommend the approval of Lavallee Brensinger Architects’ Contract Amendment #18 for the J. Warren Killam Elementary School project. Lavallee Brensinger Architects’ Contract Amendment #18 is for extra services for a survey of Charles and Haverhill Streets related to the design of improvements to those streets for a total of Twenty-Four Thousand Seventy Hundred Fifty 00/100 Dollars ($24,750.00). We recommend using the following ProPay Codes and Breakdowns. Additional Services Proposed Fee ProPay Code Supplemental Survey $24,750.00 0204-0400 As design work is ongoing, we respectfully request execution of this agreement at the earliest opportunity. Please let us know if you have any questions. Sincerely, Justin Ferdenzi, Project Manager Justin.ferdenzi@collierseng.com cc: Tom Milaschewski, Superintendent Carla Nazzaro, School Building Committee Chair
Boston | Manchester | Portland | www.LBPA.com
August 13, 2025
Mr. Matthew Kraunelis
Town Manager
Town of Reading, MA
16 Lowell St.
Reading, MA 01867
E-Mail: mkraunelis@ci.reading.ma.us
Re: Killam Elementary School
Owner-Architect Contract Amendment No. 18 – Supplemental Survey for Off-Site Work
Dear Mr. Kraunelis,
Please find attached Amendment No. 18 to the Owner-Architect Contract. This Amendment includes
Additional Services for a survey of Charles and Haverhill Streets related to the design of improvements to
those streets.
This Amendment includes the following:
• Supplemental Survey of Charles and Haverhill Streets - $22,500
• Administrative 10% Markup – $2,250
The total value of this contract amendment is $24,750
Please refer to the attachments for additional information.
Sincerely,
Leigh S. Sherwood, AIA, LEED AP, NCARB
Principal
Attachments:
- Attachment F – Contract for Designer Services Amendment No.18
- Consultant Proposal - Samiotes proposal dated 8-11-25
Cc:
Michael Carroll, Colliers Project Leaders
File
ATTACHMENT F
CONTRACT FOR DESIGNER SERVICES
AMENDMENT NO. 18
WHEREAS, the Town of Reading (“Owner”) and Lavallee Brensinger Architects (the “Designer”)
(collectively, the “Parties”) entered into a Contract for Designer Services for the Killam Elementary
School Project at the Killam Elementary School on the 12th day of December in the year Two-
Thousand Twenty-three (“Contract”); and
WHEREAS, effective as of August 18, 2025, the Parties wish to amend the Contract:
NOW, THEREFORE, in consideration of the promises and the mutual covenants contained in this
Amendment, and other good and valuable consideration, the receipt and legal sufficiency of which
are hereby acknowledged, the Parties, intending to be legally bound, hereby agree as follows:
1. The Owner hereby authorizes the Designer to perform services for the Design Development
Phase, the Construction Phases, and the Final Completion Phase of the Project, pursuant to the
terms and conditions set forth in the Contract, as amended.
2. For the performance of services required under the Contract, as amended, the Designer shall be
compensated by the Owner in accordance with the following Fee for Basic Services:
Fee for Basic Services: Original Contract After this Amendment 18
Including Amd 1-17
Feasibility Study Phase $ 400,000.00 $ 400,000.00
Schematic Design Phase $ 450,000.00 $ 450,000.00
Design Development Phase $ 1,887,500 $ 1,887,500
Construction Document Phase $ 3,342,500 $ 3,342,500
Bidding Phase $ 286,500 $ 286,500
Construction Phase $ 3,342,500 $ 3,342,500
Completion Phase $ 191,000 $ 191,000
Extra Services Over the Basic $ 1,413,416.94 $ 1,438,166.94
Total Fee $ 11,313,416.94 $ 11,338,166.94
This Amendment is a result of: Supplemental Survey for Off-Site Work
3. The Construction Budget shall be as follows:
Original Budget: $ 101,521,394
Amended Budget $
4. The Project Schedule shall be as follows:
Original Schedule: TBD
Amended Schedule TBD
5. This Amendment contains all of the terms and conditions agreed upon by the Parties as
amendments to the original Contract. No other understandings or representations, oral or
otherwise, regarding amendments to the original Contract shall be deemed to exist or bind the
Parties, and all other terms and conditions of the Contract remain in full force and effect.
IN WITNESS WHEREOF, the Owner, with the prior approval of the Authority, and the Designer have
caused this Amendment to be executed by their respective authorized officers.
IN WITNESS WHEREOF, the Owner, with the prior approval of the Authority, and the Designer have
caused this Amendment to be executed by their respective authorized officers.
OWNER
_____________________________________________________________
(print name)
(print title)
By
(signature )
Date
DESIGNER
Lance Whitehead, AIA______________________________
(print name)
Managing Principal
(print title)
By
(signature )
Date 8/13/2025
Printed Aug 11, 2025
Property Tax Parcels
Printed Aug 11, 2025
Property Tax Parcels
Boston | Manchester | Portland | www.LBPA.com ATTACHMENT F CONTRACT FOR DESIGNER SERVICES AMENDMENT NO. 18 WHEREAS, the Town of Reading (“Owner”) and Lavallee Brensinger Architects (the “Designer”) (collectively, the “Parties”) entered into a Contract for Designer Services for the Killam Elementary School Project at the Killam Elementary School on the 12th day of December in the year Two-Thousand Twenty-three (“Contract”); and WHEREAS, effective as of August 18, 2025, the Parties wish to amend the Contract: NOW, THEREFORE, in consideration of the promises and the mutual covenants contained in this Amendment, and other good and valuable consideration, the receipt and legal sufficiency of which are hereby acknowledged, the Parties, intending to be legally bound, hereby agree as follows: 1. The Owner hereby authorizes the Designer to perform services for the Design Development Phase, the Construction Phases, and the Final Completion Phase of the Project, pursuant to the terms and conditions set forth in the Contract, as amended. 2. For the performance of services required under the Contract, as amended, the Designer shall be compensated by the Owner in accordance with the following Fee for Basic Services: Fee for Basic Services: Original Contract After this Amendment 18 Including Amd 1-17 Feasibility Study Phase $ 400,000.00 $ 400,000.00 Environmental and Site $ 283,130.00 $ 283,130.00 Other Services (FS) $ 505,503.94 $ 505,503.94 Schematic Design Phase $ 450,000.00 $ 450,000.00 Design Development Phase $ 1,887,500.00 $ 1,887,500.00 Construction Document Phase $ 3,342,500.00 $ 3,342,500.00 Bidding Phase $ 286,500.00 $ 286,500.00 Construction Phase $ 3,342,500.00 $ 3,342,500.00 Completion Phase $ 191,000.00 $ 191,000.00 Other Basic Services $ 0.00 $ 0.00 Extra Services Over the Basic $ 637,808.00 $ 662,558.00 Total Fee $ 11,326,441.94 $ 11,351,191.94___ This Amendment is a result of: Additional Service – Survey of Charles and Haverhill Streets
3. The Construction Budget shall be as follows: Original Budget: $ TBD Amended Budget $ TBD 4. The Project Schedule shall be as follows: Original Schedule: $ TBD Amended Schedule $ TBD 5. This Amendment contains all of the terms and conditions agreed upon by the Parties as amendments to the original Contract. No other understandings or representations, oral or otherwise, regarding amendments to the original Contract shall be deemed to exist or bind the Parties, and all other terms and conditions of the Contract remain in full force and effect. IN WITNESS WHEREOF, the Owner, with the prior approval of the Authority, and the Designer have caused this Amendment to be executed by their respective authorized officers. IN WITNESS WHEREOF, the Owner, with the prior approval of the Authority, and the Designer have caused this Amendment to be executed by their respective authorized officers. OWNER _____________________________________________________________ (print name) (print title) By (signature ) Date DESIGNER _____________________________________________________________ (print name) (print title) By (signature ) Date
100 Federal Street Floor 13 Boston, MA 02110 Main: +1 617 330 8000 www.cplusa.com August 15, 2025 Matthew Kraunelis Town Manager Town of Reading 16 Lowell St Reading, MA 01867 Subject: J Warren Killam Elementary School Designer Services Invoice # 22349 Dear Mr. Kraunelis: Colliers Project Leaders has reviewed the attached invoice and finds that the invoice is in compliance with the contract and the amount is appropriate for the scope of services delivered during this time period. The referenced invoice is #22349 for Lavallee Brensinger Architects, for the Month of July 2025. The total recommended Payment is $ 499,034.17 We recommend payment of this amount, using the following ProPay Codes and Breakdowns. Invoice Number Task Request This Period ProPay Code 22349 Design Development $471,875.00 0201- 0400 22349 Geothermal Add Services $3,025.00 0003-0000 22349 Building Control Plan $385.00 0204-0400 22349 Supplemental Survey $8,800.00 0204-0400 22349 Site Acoustic Survey $5,005.00 0204-0400 22349 Other Reimbursable Costs $44.17 0203-9900 22349 Compliance Energy Modeling $9,900.00 0203-9900 Please feel free to contact me at (508) 326 6078 if you have any questions concerning this invoice.
Sincerely, Justin Ferdenzi, Project Manager Justin.ferdenzi@collierseng.com Attachments: 2025 07 LBA Inv#22349
Invoice Total:$499,034.17
Customer PO #23004647-001
Matthew Kraunelis
Town of Reading MA
16 Lowell Street
Reading, MA 01867
August 13, 2025
Project No:23-106-00
Invoice No:22349
155 Dow Street, Suite 400
Manchester, NH 03101
603-622-5450
Project 23-106-00 Reading Killam Elementary School
Professional Services from July 1, 2025 to July 31, 2025
Task 025 Feasibility Study
Fee
Total Fee 400,000.00
Percent Complete 100.00 Total Earned 400,000.00
Previous Fee Billing 400,000.00
Current Fee Billing 0.00
Total Fee 0.00
0.00Total this Task
Task 026 Reimbursable Expenses
0.00Total this Task
Task 100 Basic Services
Phase 002 Schematic Design
Fee
Total Fee 450,000.00
Percent Complete 100.00 Total Earned 450,000.00
Previous Fee Billing 450,000.00
Current Fee Billing 0.00
Total Fee 0.00
0.00Total this Phase
Phase 003 Design Development - 0201-0400
Fee
Total Fee 1,887,500.00
Percent Complete 75.00 Total Earned 1,415,625.00
Previous Fee Billing 943,750.00
Current Fee Billing 471,875.00
Total Fee 471,875.00
$471,875.00Total this Phase
Phase 004 Construction Documents - 0201-0500
Fee
Project 2234923-106-00 Reading Killam Elementary School Invoice
Total Fee 3,342,500.00
Percent Complete 0.00 Total Earned 0.00
Previous Fee Billing 0.00
Current Fee Billing 0.00
Total Fee 0.00
0.00Total this Phase
Phase 005 Bidding & Negotiation - 0201-0600
Fee
Total Fee 286,500.00
Percent Complete 0.00 Total Earned 0.00
Previous Fee Billing 0.00
Current Fee Billing 0.00
Total Fee 0.00
0.00Total this Phase
Phase 006 Construction Administration - 0201-0700
Fee
Total Fee 3,342,500.00
Percent Complete 0.00 Total Earned 0.00
Previous Fee Billing 0.00
Current Fee Billing 0.00
Total Fee 0.00
0.00Total this Phase
Phase 007 Closeout - 0201-0800
Fee
Total Fee 191,000.00
Percent Complete 0.00 Total Earned 0.00
Previous Fee Billing 0.00
Current Fee Billing 0.00
Total Fee 0.00
0.00Total this Phase
$471,875.00Total this Task
Task 101 Reimbursable Expenses - Basic
0.00Total this Task
Task 200 Add Services
Phase 001 Amendment #1 - Survey
Fee
Total Fee 26,400.00
Percent Complete 100.00 Total Earned 26,400.00
Previous Fee Billing 26,400.00
Current Fee Billing 0.00
Total Fee 0.00
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Project 2234923-106-00 Reading Killam Elementary School Invoice
0.00Total this Phase
Phase 002 Amendment #2 - Traffic
This phase will not be billed any further, remaining funds have been moved to phase 015.
Fee
Total Fee 120,450.00
Percent Complete 76.2639 Total Earned 91,859.90
Previous Fee Billing 91,859.90
Current Fee Billing 0.00
Total Fee 0.00
0.00Total this Phase
Phase 003 Amendment #3 - HazMat
Fee
Total Fee 4,950.00
Percent Complete 100.00 Total Earned 4,950.00
Previous Fee Billing 4,950.00
Current Fee Billing 0.00
Total Fee 0.00
0.00Total this Phase
Phase 004 Amendment #4 - Environmental
Fee
Total Fee 14,520.00
Percent Complete 100.00 Total Earned 14,520.00
Previous Fee Billing 14,520.00
Current Fee Billing 0.00
Total Fee 0.00
0.00Total this Phase
Phase 005 Amendment #5 - GeoTech
Fee
Total Fee 41,800.00
Percent Complete 100.00 Total Earned 41,800.00
Previous Fee Billing 41,800.00
Current Fee Billing 0.00
Total Fee 0.00
0.00Total this Phase
Phase 006 Amendment #6 - Soil Testing - 0003-0000
Fee
Total Fee 2,750.00
Percent Complete 100.00 Total Earned 2,750.00
Previous Fee Billing 2,750.00
Current Fee Billing 0.00
Total Fee 0.00
0.00Total this Phase
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Project 2234923-106-00 Reading Killam Elementary School Invoice
Phase 007 Amendment #7 - HVAC Cost Estimate - 0004-0000
Fee
Total Fee 2,750.00
Percent Complete 100.00 Total Earned 2,750.00
Previous Fee Billing 2,750.00
Current Fee Billing 0.00
Total Fee 0.00
0.00Total this Phase
Phase 008 Amendment #8 - SD Energy Modeling - 0004-0000
Fee
Total Fee 16,500.00
Percent Complete 100.00 Total Earned 16,500.00
Previous Fee Billing 16,500.00
Current Fee Billing 0.00
Total Fee 0.00
0.00Total this Phase
Phase 009 Amendment #9 - Presentation Boards - 0004-0000
Fee
Total Fee 2,753.94
Percent Complete 100.00 Total Earned 2,753.94
Previous Fee Billing 2,753.94
Current Fee Billing 0.00
Total Fee 0.00
0.00Total this Phase
Phase 010 Amendment #13 - Continuation of Services - 0004-0000
Fee
Total Fee 500,000.00
Percent Complete 100.00 Total Earned 500,000.00
Previous Fee Billing 500,000.00
Current Fee Billing 0.00
Total Fee 0.00
0.00Total this Phase
Phase 011 Amendment #11 - HVAC System Comparison Estimate - 0003-0000
Fee
Total Fee 1,540.00
Percent Complete 100.00 Total Earned 1,540.00
Previous Fee Billing 1,540.00
Current Fee Billing 0.00
Total Fee 0.00
0.00Total this Phase
Phase 013 Amendment #14 - Geothermal Add Services - 0003-0000
Fee
Total Fee 72,810.00
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Project 2234923-106-00 Reading Killam Elementary School Invoice
Percent Complete 4.1546 Total Earned 3,025.00
Previous Fee Billing 0.00
Current Fee Billing 3,025.00
Total Fee 3,025.00
$3,025.00Total this Phase
Phase 014 Amendment #16 - DD-CL Add Services
Fee
Billing Phase Phase Fee
Percent
Complete Fee Earned
Previous Fee
Billing
Current Fee
Billing
Hazardous Materials - 0204-
0200
172,700.00 0.00 0.00 0.00 0.00
Geotechnical - 0204-0300 148,038.00 3.8193 5,654.00 5,654.00 0.00
Geoenvironmental - 0204-
0300
70,670.00 0.00 0.00 0.00 0.00
Soil Testing - 0204-0400 3,300.00 0.00 0.00 0.00 0.00
Building Control Plan - 0204-
0400
3,850.00 10.00 385.00 0.00 385.00
Supplemental Survey - 0204-
0400
11,000.00 80.00 8,800.00 0.00 8,800.00
Certified Plot Plan - 0204-0400 4,400.00 0.00 0.00 0.00 0.00
Site Acoustic Survey - 0204-
0400
7,700.00 65.00 5,005.00 0.00 5,005.00
Reimbursables - 0203-9900 22,000.00 8.2759 1,820.70 1,776.53 44.17
Total Fee 443,658.00 21,664.70 7,430.53 14,234.17
Total Fee 14,234.17
$14,234.17Total this Phase
Phase 015 Amendment #17 - DD-CL Add Services #2
Remaining funds of $28,590 have been moved from phase 002 to this phase.
Fee
Billing Phase Phase Fee
Percent
Complete Fee Earned
Previous Fee
Billing
Current Fee
Billing
Traffic Engineering (on-site)50,160.00 0.00 0.00 0.00 0.00
Traffic Engineering (off-site)59,290.00 0.00 0.00 0.00 0.00
Compliance Energy Modeling 77,000.00 12.8571 9,900.00 0.00 9,900.00
Tree Removal and Protection
Plan
7,700.00 0.00 0.00 0.00 0.00
Total Fee 194,150.00 9,900.00 0.00 9,900.00
Total Fee 9,900.00
$9,900.00Total this Phase
$27,159.17Total this Task
$499,034.17Total this Invoice
Project Outstanding Invoices
Invoice Number Invoice Date Balance Due
22222 7/10/2025 479,305.53
Total 479,305.53
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Project 2234923-106-00 Reading Killam Elementary School Invoice
Current Prior Total
Billings to Date 499,034.17 2,507,004.37 3,006,038.54
Your mission inspires us. Our creativity and knowledge empower you. Together we achieve excellence.
Thank you for your business. Our standard payment terms are thirty (30) days from invoice date. Any amounts remaining unpaid beyond thirty (30) days are
subject to interest at a rate of 1.0% per month, 12% per annum or at the legal prevailing rate.
Page 6
Samiotes Consultants, Inc.
Civil Engineering + Land Surveying
20 A Street
Framingham, MA 01701
T 508.877.6688
www.samiotes.com
Lavallee Brensinger PLLC
dba Lavallee Brensinger Architects July 16, 2025
Jenni Katajamaki, RA, LEED, AP, MCPPO Project No: 53086.00
99 Bedford Street, Suite 501 Invoice No: 23738
Boston, MA 02111
Project 53086.00 J Warren Killam Elementary School - Reading
Email invoice to: apcon@lbpa.com
LBA Project No. 23-106-00
Professional Services from June 01, 2025 to June 30, 2025
Fee
Contract Percent Billings to Previously Current Fee
Task Amount Complete Date Billed Billing
Dewatering Permitting for Geo Well T22 2,750.00 100.00 2,750.00 0.00 2,750.00
Total Fee 2,750.00
Total this Invoice $2,750.00
Terms: DUE UPON RECEIPT. 1.5% Service charge on past due amounts over 30 Days
Invoice
Lavallee Brensinger Architects
155 Dow Sreet
Suite 400
Manchester, NH 03101
Accounts Payable
July 8, 2025
Contract No:J637308.00
Client Proj #
Client PO #
Project Manager: Jenni Katajamaki
Invoice No:67782R
J637308.00 J. Warren Killam Elementary School
Scope of Services: Please see Acentech proposal P637308.02 for details.
Professional Services from June 1, 2025 to June 30, 2025
Acoustics
Fee
Billing Phase
Contract
Amount
Percent
Complete
Billed to
Date
Previously
Billed
Current Fee
Billing
AC-200 Design Development 11,000.00 95.00 10,450.00 0.00 10,450.00
AC-300 Construction Documents –
Reviews
17,000.00 0.00 0.00 0.00 0.00
AC-350 Construction Documents -
LEED
7,000.00 0.00 0.00 0.00 0.00
AC-500 Construction
Administration
13,000.00 0.00 0.00 0.00 0.00
AC-600 Community Noise 7,000.00 65.00 4,550.00 0.00 4,550.00
Total Fee 55,000.00 15,000.00 0.00 15,000.00
$15,000.00Total this Invoice
100 Federal Street, Floor 13 Boston, MA 02110 www.cplusa.com August 15, 2025 Matthew Kraunelis Town Manager Town of Reading 16 Lowell St Reading, MA 01867 Subject: J. Warren Killam Elementary School Project Management – Modulease Contract Dear Mr. Kraunelis: Colliers Project Leaders has reviewed and based on the recommendation from the Town of Reading, we are recommending the approval of Modulease proposal to the J. Warren Killam Elementary School project. Modulease proposal is for the relocation of the two modular classrooms from the J. Warren Killam Elementary School site to the High School site at the Oakland Road for a total of Seven Hundred Fourteen Thousand Four Hundred 00/100 Dollars ($714,400.00). (ProPay Code: 0603-0000) As project work is ongoing, we respectfully request execution of this agreement at the earliest opportunity. Please let us know if you have any questions. Sincerely, Justin Ferdenzi, Project Manager Justin.ferdenzi@collierseng.com cc: Mike Carroll, Colliers Project Leaders Tom Milaschewski, Superintendent Carla Nazzaro, School Building Committee Chair
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TOWN OF READING
CONTRACT AGREEMENT
This Contract Agreement for Killam Modulars Relocation (hereinafter the "Project") is made the
10th day of June , 2025, by and between Modukease Corp, a corporation organized under the
laws of the Commonwealth of Massachusetts, with a usual place of business at 212 Mt. Hope
Street, North Attleboro, MA. 02760, hereinafter called the “Contractor” and the Town of
Reading, a municipal corporation duly organized under the laws of the Commonwealth of
Massachusetts, acting through its Town Manager, hereinafter referred to as the “Town”, the
“Owner”, or the “Awarding Authority”.
WITNESSETH that the Contractor and the Town for the consideration hereinafter
named agree as follows:
In all respects, this contract shall be governed by and performed consistently with all laws of the
Commonwealth of Massachusetts for public construction contracts including, but not limited to,
M.G.L. Ch. 7C, 10, 30, 144 and 149. The provisions of the Massachusetts General Laws
regarding public construction shall take precedence over any and all other contract provisions or
documents. Any conflicts among provisions and/or between documents shall be resolved and/or
interpreted according to the Massachusetts General Laws. However, compliance with a statute
does not diminish the Contractor’s responsibilities hereunder. The Contractor warrants that he is
familiar with and agrees to abide by all laws of the Commonwealth of Massachusetts Municipal
Ordinances and By-Laws, as most recently amended, which govern the award of this contract.
They will be deemed to be included in the contract the same as though written out in full.
ARTICLE 1: CONTRACT DOCUMENTS
1.1 The Contract Documents consist of the following:
1.1.1
1.1.3
1.1.4
1.1.5
This Contract Agreement Form of General Bid (signed by the contractor)
Drawings and Specifications for the Project
Invitation to Bid and Bidding Documents
Copies of all required bonds, certificates of insurance, copies of policies, vote of
corporation, and licenses required under the contract.
These documents form the entire Agreement between the parties and there are no other
agreements between the parties. Any amendment to this agreement must be in writing and
signed by an official with authority to bind the Town.
1.2 CORRELATION AND INTENT OF THE CONTRACT DOCUMENTS
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1.2.1 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 only to the extent consistent with the Contract
Documents and reasonably inferable from them as being necessary to produce the indicated
results. All work mentioned or indicated in the Contract Documents shall be performed by the
Contractor as part of the Contract unless it is specifically indicated in the Contract Documents
that such Work is to be done by others.
1.2.1.1 In the event of conflict in or between the Contract Documents, the Contractor shall be
held to the highest standard therein. Where compliance with two or more industry standards or
set of requirements is specified, and overlapping of those different standards or requirements
established different or conflicting minimums or level of quality, the most stringent requirements
is intended.
1.2.1.2 In the event of a conflict between any provision or language of the Construction Contract
and any provision or language of the contract documents, the provision or language of the
Construction Contract shall control. 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.
1.2.2 Organization of the Specifications into divisions, sections and articles, and arrangement
of Drawings shall not control the Contractor in dividing the Work among Subcontractors or in
establishing the extent of Work to be performed by any trade except sections designated for Filed
Sub-Bids as otherwise required by law. The General Contractor and all Subcontractors shall refer
to all of the Drawings, 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 the indicated results.
1.2.3 Unless otherwise stated in the Contract Documents, words that have well-known
technical or construction industry meanings are used in the Contract Documents in accordance
with such recognized meanings.
1.2.4 The Drawings and Specifications are intended to supplement one another. Materials and
workmanship described are not necessarily found in both. Drawings are not intended to be scaled
or to act as shop drawings. Inadvertent discrepancies or omissions shown on one drawing but not
on others shall not be cause for additional charges or claims. In case of discrepancies, figured
dimensions shall take precedence over smaller scale drawings. Specifications shall take
precedence over Drawings for quality of materials and general performance of the work.
1.2.5 Whenever an item is specified and/or shown on the Drawings by details or reference, it
shall be considered typical for other items which are obviously intended to be the same even
though not so designated or specifically named but do serve the same function for this project.
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1.2.6 Where the terms “necessary,” “as directed,” “when directed,” “satisfactory,” good and
sufficient,” “approved,” or other general qualifying terms are used on the Drawings, they are
deemed to be followed by the words ‘in the opinion of the Designer” or “by the Designer” as the
case may be.
1.2.7 The terms “approval,” “approved,” “approved equal,” “or equal,” or “other approved”
mean as approved by the Designer.
1.2.8 Where reference is made to ASTM Specifications, it shall mean the standard specific
specifications of the International Society for Testing and Materials of the most recent
designation.
1.2.9 Similarly, where reference is made to Specifications, Standards or requirements of
A.S.M.E. or A.S.H. & V.E., they shall mean respectively those American Society for Mechanical
Engineers and the American Society for Heating and Ventilating Engineers, and shall be from
the latest editions.
1.2.10 Any material specified by reference to the number, symbol, or title of a specific standard,
such as a Commercial Standard, a Federal Specification, a trade association standard, or other
similar standard, shall comply with the requirements in the latest revision thereof and any
amendment or supplement thereto in effect on the date indicated on the specifications, except as
limited, or modified in such reference. Where compliance with two or more industry standards or
set of requirements is specified, and overlapping of those different standards or requirements
established different or conflicting minimums or level of quality, the most stringent requirements
is intended.
1.2.11 The standards referred to, except as modified in the Contract Documents, shall have full
force and effect as though printed in the Contract Documents. These standards are not furnished
to the Contractor for the reason that the manufacturers and trades involved are assumed to be
familiar with their requirements. The Contractor shall make himself aware of the contents of
such documents and furnish the field office with one full set of each.
1.2.12 Where codes, requirements, and publications of public and private bodies are referred to
in the Contract Documents, references shall be understood to be the latest revision prior to the
date of receiving bids, except where otherwise indicated.
1.2.13 Mechanical and Electrical Drawings are diagrammatic only, and are not intended to show
the exact physical locations or configurations of Work. Such Work shall be installed to clear all
obstructions, permit proper clearances for the work of other trades, and present an orderly
appearance where exposed. Exact location of fixtures and outlets shall be obtained from the
Designer before the Work is roughed in; work installed without such information from the
Designer shall be relocated at the General Contractor’s expense.
ARTICLE 2: DEFINITIONS
2.1 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,
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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. .
2.2 Modification. A “Modification” is (1) a written amendment to the Contract Agreement
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 Designer.
2.3 Drawings. The “Drawings” are the graphic and pictorial portions of the Contract
Documents showing the design, location and dimensions of the Work, generally including plans,
elevations, sections, details, schedules and diagrams.
2.4 Specifications. The “Specifications” are that portion of the Contract Documents
consisting of the written requirements for materials, equipment, systems, standards and
workmanship for the Work, and performance of related services.
2.5 Site. The word “site” shall mean the project site, the parameters of which are indicated
on the Contract Drawings.
2.6 Governing Laws and Building Code. The term “governing laws and building
code,” whenever used, shall mean all laws, ordinances, rules, regulations, and lawful orders of
any public authority, federal, state, or local bearing on the performance of the Work and the
building code or codes legally applicable to work.
2.7 Claim. A Claim is a demand or assertion by one of the parties seeking, as a matter of
right, payment of money, or other relief with respect to the terms of the Contract. The term
“Claim” also includes other disputes and matters in question between the Owner and Contractor
arising out of or relating to the Contract. The responsibility to substantiate Claims shall rest with
the party making the Claim.
ARTICLE 3: TIME OF COMPLETION - PERIOD OF PERFORMANCE
3.1 The date of Commence of the Work shall be provided in a written Notice to Proceed from
the Owner to the Contractor.
3.2 The Contract completion is based on start of school and is independent of the date of
commencement. Substantial Completion and All on-site work must be completed by 15 August,
2025. Liquidated damages shall be applied for failure to reach Substantial Completion and the
completion of ALL on-site work by August 23, 2025.
3.4 Liquidated Damages for Delay in Substantial Completion: Because both parties
recognize (1) that the time for completion of this Contract is of the essence, (2) that the Owner
will suffer loss if the work is not completed in accordance with the phasing requirements and
within the contract time specified, plus any extensions thereof allowed in accordance with the
provisions of this Contract, and (3) that there are significant delays, expense and difficulties
associated with a legal proceeding to determine the actual loss suffered by the Owner if the work
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is not completed on time; therefore, it is agreed that the Contractor will pay the Owner, as
liquidated damages, the sum of One Thousand Dollars ($1000.00) per day for each and every
day thereafter that it fails to deliver such Work completed according to the requirements of the
Contract Documents. Liquidated damages shall apply for the substantial completion of the
project. Such liquidated damages shall be paid not as a penalty, but to partially cover losses and
expenses to the Owner, including intangible costs and losses that are or may be impracticable to
ascertain. Allowing the Contractor to continue to finish the work (or any portion of the work)
after the time specified for completion of the Work shall not operate as a waiver on the part of
the Owner of any of its rights under the Contract Documents or otherwise under law or equity.
The Owner’s right to impose liquidated damages shall in no way prohibit or restrict the Owner’s
right to bring legal action for damages in lieu of its option to impose liquidated damages from
money due the Contractor, and if such money is insufficient to cover the liquidated damages,
then the Contractor shall pay the amount due.
3.5 The Contractor hereby agrees that if he fails to commence the work, carryon the work
with reasonable speed or stops work altogether without due cause, as determined in each case by
the Town, the Town may give notice to the Contractor in writing to proceed with the work as per
the schedule or to carry on the work with reasonable speed. Three days after the presentation of
such notice if the work is not proceeding to the satisfaction of the Town, the Contractor shall be
considered to have defaulted in the performance of this Agreement.
ARTICLE 4: THE CONTRACT SUM
4.1 The total amount billed under this contract shall not exceed $714,400, subject to
additions and deductions as provided in the Contract Documents. The Contractor shall keep and
maintain records necessary to ensure this billing limit is not exceeded unless authorized in
writing by the Town.
ARTICLE 5: OBLIGATIONS OF THE CONTRACTOR
5.1 The Contractor shall perform the Work in accordance with the Contract Documents. The
Contractor shall not be relieved of obligations to perform the Work in accordance with the
Contract Documents either by activities or duties of the Designer in the Designer’s
administration of the Contract, or by tests, inspections or approvals required or performed by
persons or entities other than the Contractor.
5.1 Contractor’s Financial Condition. The Contractor represents and warrants that its
financial condition is sound and that the Contractor is capable of performing the work required
pursuant to the Contract Documents. Upon request by the Owner, the Contractor shall make
available to the Owner such audited and unaudited financial statements of the Contractor as the
Owner may reasonably request. The Contractor shall promptly advise the Owner of any
occurrence, event, fact, or other matter that has had, will have, or might reasonably be predicted
to have a material adverse effect upon the financial condition of the Contractor.
5.2 Review of Contract and Field Conditions. Execution of the Contract by the Contractor is
a representation that the Contractor has visited the site, become thoroughly familiar with all the
existing conditions at the site, has taken all such conditions into consideration as they may affect
the Work under his Contract, and correlated personal observations with requirements of the
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Contract Documents. No allowance will be made in the Contract or the Work under the Contract
for failure of the Contractor to visit the site.
5.2.1 Should any omissions, error or conflict be found in the Contract Documents, during the
bidding period and prior to the times set forth in the Instructions for Bidders for receipt of such
inquiries, the bidders shall request in writing that such conditions be explained by the Designer
in the method described therein.
5.2.2 Should the work proceed, after the discovery of errors, conflict, or omissions by the
Designer and clarification has not been received from the Designer, the Contractor will be held
fully responsible for replacement or correction of the affected area, as directed by the Designer,
at the Contractor’s expense.
5.2.3 Before ordering any material or doing any work, each trade shall verify all measurements
at this project and shall be responsible for the correctness of the same. No extra charge or
compensation will be allowed on account of difference between actual dimensions and the
measurements indicated on the Drawings, any difference which may be found shall be submitted
to the Designer for consideration before proceeding with the work.
5.2.4 Where no explicit quality or standards for material or workmanship are established for
work, such work is to be of as good quality of the surrounding work and of the construction of
the Project generally.
5.2.5 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.
5.3 Because the Contract Documents are complementary, the Contractor shall, before starting
each portion of the Work, carefully study and compare the various Contract Documents relative
to that portion of the Work, as well as any information furnished by the Owner, shall take field
measurements of any existing conditions related to that portion of the Work, and shall observe
any conditions at the site affecting it. These obligations are for the purpose of facilitating
coordination and construction by the Contractor and are not for the purpose of discovering
errors, omissions, or inconsistencies in the Contract Documents; however, the Contractor shall
promptly report to the Designer in writing any errors, inconsistencies or omissions discovered by
or made known to the Contractor as a request for information in such form as the Designer may
require. It is recognized that the Contractor’s review is made in the Contractor’s capacity as a
contractor and not as a licensed design professional, unless otherwise specifically provided in the
Contract Documents. 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 any information furnished by the Owner and shall at once report to the Designer any
error, inconsistency or omission the Contractor may discover. Any necessary change will be
ordered as provided in Article 10, subject to the requirements of the Contract Documents. If the
Contractor proceeds with the Work without such notice, the Designer, having discovered such
errors, inconsistencies or omissions, or if by reasonable study of the Contract Documents he
could be discovered such, the Contractor shall bear all cost arising therefrom.
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5.3.1 The Contractor is not required to ascertain that the Contract Documents are in accordance
with applicable laws, statutes, ordinances, codes, rules and regulations, or lawful orders of public
authorities, but the Contractor shall promptly report to the Designer in writing any
nonconformity discovered by or made known to the Contractor as a request for information in
such form as the Designer or Owner may require.
5.4 The Contractor shall reimburse the Owner for costs incurred by the Designer and the
Owner’s Project Manager for design and construction administration services which are caused
by the Contractor’s inefficient or otherwise faulty administration or execution of its Work. These
may include but are not limited to the cost of the Designer or Owner’s Project Manager to
perform:
5.4.1 Repeated review of the Contractor’s resubmittals, substantially out of sequence from the
submittal schedule provided by the Contractor and agreed to by the Designer.
5.4.2 An extensive number of responses to the Contractor’s requests for information where
such information is available to the Contractor from a careful study and comparison of the
Contract Documents, field conditions, other Owner-provided information, Contractor-prepared
coordination drawings, or prior Project correspondence or documentation.
5.4.3 An extensive number of Change Orders and Construction Change Directives requiring
evaluation of proposals and the preparation or revision of Instruments of Service and not
otherwise caused by the design defects of the Designer.
5.4.4 Consultation regarding replacement of Work resulting from fire or other cause during
construction.
5.4.5 Evaluation of an extensive number of claims not otherwise caused by design defect.
5.4.6 Evaluation of substitutions proposed by the Contractor and making subsequent revisions
to Instruments of Services resulting therefrom.
5.4.7 Preparation of design and documentation for alternate bid or proposal requests proposed
by the Contractor.
5.4.8 Contract administration services made necessary by the Contractor’s failure to complete
the project on schedule, achieve milestones, including substantial and final completion.
5.4.9 Contract administration services provided 60 days or more after Substantial Completion.
5.5 Preconstruction Inspection. The Contractor shall notify the Owner and Designer in
writing of any existing damage to the property or any unsafe conditions at the site prior to
commencing the Work.
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5.6 The General Contractor shall give the Designer timely notice of any additional design
drawings, specifications or instructions required to define the Work in greater detail, or to permit
the proper progress of the Work.
5.7 The General Contractor shall not proceed with any work not clearly and consistently
defined in detail in the Contract Documents, but instead shall request additional drawings or
instructions from the Designer. If the General Contractor proceeds with such work without
obtaining further drawings or instructions, he shall correct work incorrectly done at his own
expense.
5.8 Supervision and Construction Procedures.
5.8.1 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 control over, construction
means, methods, techniques, sequences and procedures and for coordinating all portions of the
Work. If the Contract Documents give specific instructions concerning construction means,
methods, techniques, sequences or procedures, the Contractor shall evaluate the jobsite safety
thereof and, except as stated below, shall be fully and solely responsible for the jobsite safety of
such means, methods, techniques, sequences or procedures. If the Contractor determines that
such means, methods, techniques, sequences or procedures may not be safe, the Contractor shall
give timely written notice to the Owner and Designer and shall not proceed with that portion of
the Work without further written instructions from the Designer. 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 Designer 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.
5.8.2 The Contractor shall be responsible to the Owner for acts and omissions of all entities or
persons performing or supplying the Work other than those providing work under separate
contracts with the Owner.
5.8.2.1 The Contractor shall employ workers competent to perform the work required by the
contract and, upon written request of the Owner, remove and replace workers whom the Owner
deems to be disorderly, careless or incompetent, or to be employed in violation of the terms of
the Contract Documents, at no increase in the Contract Sum or the Contract Time.
5.8.2.2 The Contractor shall neither permit nor suffer smoking where it creates a hazard, nor the
introduction or use of spirituous or intoxicating liquors upon or about the works embraced in this
Contract or upon any of the ground occupied by him.
5.8.3 The Contractor shall be responsible for inspection of portions of Work already performed
to determine that such portions are in proper condition to receive subsequent Work.
5.9 Labor
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5.9.1 Unless otherwise provided in the Contract Documents, the Contractor shall provide and
pay for labor, 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 or not incorporated or to
be incorporated in the Work. The word ‘provide’ shall mean furnish and install complete,
including connections, unless otherwise specified.
5.9.2 Weather Protection and Adequate Heat. The Contractor shall install weather protection
and furnish adequate heat in the protected area from November 1 to March 31 as required by
M.G.L. c. 149, § 44F.
5.9.3 Sanitary Facilities. The Contractor shall provide and maintain in a neat and sanitary
condition such accommodations for the use of his employees as may be necessary to comply
with the requirements of the appropriate authorities. The maintenance of all sanitary facilities
shall be subject to the laws of the Commonwealth of Massachusetts and to the rules and
regulations of the State Board of Health and the Board of Health for the Town.
5.9.4 The Contractor shall enforce strict discipline and good order among the Contractor’s
employees and other persons carrying out the Work. The Contractor shall not permit
employment of unfit persons or persons not properly skilled in tasks assigned to them.
5.9.5 The Contractor agrees as a material obligation to this Contract to pay its own laborers and
to ensure that its subcontractors, material suppliers and sub -subcontractors pay their own
laborers employed on the Project, wages in an amount no less than the applicable prevailing
wage rates established for the Project by the Massachusetts Department of Labor and Industries.
The Contractor shall defend and indemnify the Owner for, from and against any loss, expense,
damages, actions, or claims (including any expense incurred in connection with any delay or
stoppage of the Work) arising out of or related to the Contractor’s failure to comply with such
laws or regulations.
5.9.5.1 Payments by employers to health and welfare plans, pension plans and supplementary
unemployment benefit plans under collective bargaining agreements or understandings between
organized labor and employers shall be included for the purpose of establishing minimum wage
rates as herein provided. The Owner shall assume no responsibility for the accuracy of the rates
set forth in the schedule and no claims for additional compensation will be considered because of
the inaccuracy in the rates so set forth. The schedule of wages referred to above are minimum
rates only, the Owner will not consider any claim for additional compensation made by the
Contractor because of any payment by the Contractor of any wage rate in excess of said
minimum rates. All substantive and procedural requirements of the minimum wage rate laws
shall be met. The schedule of rates shall be kept posted in a conspicuous place at the site of the
work.
5.9.6 CORI Checks. No person shall be given access to a school site without first passing a
Criminal Offender Record Information (CORI) check. Contractor shall provide Owner with
proof, satisfactory to Owner, that each employee, agent, contractor, subcontractor and invitee
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(“Contractor Worker(s)”) that visits the site has passed a CORI check. The Contractor shall see
to it that no Contractor Worker shall perform any Work at the site if the Owner has objected to
such person being at the site based upon information contained in the CORI check. The
Contractor shall not allow any Contractor Worker on the site until the Owner has reviewed such
worker’s CORI check and has not objected within ten (10) days after the receipt of the CORI
check to such worker being at the site on account of the CORI check, unless the Owner waives
such requirement for advance review of a Contractor Worker’s CORI check prior to that worker
entering the site (which waiver shall only be effective as to the Contractor Worker(s) that the
Contractor requests the Owner to provide such waiver in each instance). Notwithstanding the
foregoing, the Contractor shall remain liable for the conduct of its workers, employees,
subcontractors, agents and invitees on site.
5.9.6.1 CJIS Checks: No person shall be given access to the police station, without first passing a
CJIS,(Criminal Justice Information Service,) background check for workers at the police station.
The Contractor’s workers must comply with CJIS and CORI and meet all requirements listed
above for CORI checks.
5.9.7 Restriction on Hours. No laborer, worker, mechanic, foremen or inspector working
within the Commonwealth of Massachusetts in the employ of the Contractor, subcontractors or
other persons doing or contracting to do the whole or part of the work contemplated by this
contract, shall be required or permitted to work more than 8 hours in any one calendar day; or
more than 48 hours in one week, or more than 6 days in any one week in full compliance with
the provisions of M.G.L. c. 149, § 34, except in cases of emergencies.
5.9.8 Weekly Wages. M.G.L. c. 149, § 148, requires the weekly payment of employees.
5.9.10 Register of Employees. The Contractor shall keep a true and accurate register of all
mechanics, teamsters, chauffeurs and laborers employed upon the work contemplated by this
Contract showing the name, address and occupational classification of each such employee, the
hours worked by and the wages paid to each such employee, and shall furnish the Massachusetts
Department of Labor and Industries upon its request a true statement thereof.
5.9.11 If the Contractor uses or stores toxic hazardous substances he is subject to M.G.L. c.
111F, § 2, the “Right to Know” law and regulations promulgated by the Department of Public
Health, the Department of Environmental Protection and the Department of Labor and
Industries; and must post a Workplace Notice obtainable from the Department of Labor and
Industries.
5.9.12 Preference to Veterans and Citizens. M.G.L. c. 149, § 26 is incorporated by reference
herein.
5.10 Materials
5.10.1 Unless otherwise specifically 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
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completion of the Work, whether temporary or permanent and whether or not incorporated or to be
incorporated in the Work.
5.10.2 Materials and equipment to be installed as part of the Work (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. The Contractor shall inform himself as to,
and shall comply with, the provisions of M.G.L. c. 7, s. 23A, as amended, and shall abide by the
same and all applicable rules, regulations and orders made thereunder in relation to the purchase
of supplies and materials in the execution of the Work, including the provisions of M.G.L. c.7, s.
22, paragraph 17 which provides that there be “a preference in the purchase of supplies and
materials, other considerations being equal, in favor, first, of supplies and materials
manufactured and sold within the Commonwealth, and, second, of supplies and materials
manufactured and sold elsewhere within the United States."
5.11 Taxes
5.11.1 The Contractor shall pay sales, consumer, use and similar taxes for the Work provided by
the Contractor that are legally enacted when bids are received or negotiations concluded, whether
or not yet effective or merely scheduled to go into effect.
5.11.2 The Owner is exempt from payment of certain Sales and Use taxes applicable in the
Commonwealth of Massachusetts. At the Contractor’s request, Tax Exemption Certificates will
be furnished by the Owner to the Contractor with respect to such tax exempt articles as may be
required under this Contract.
5.11.3 The Contractor shall not pay, and the Town shall not reimburse or pay the Contractor or
any other party either directly or indirectly for any tax for which an exemption is provided under
law.
5.11.4 By executing the Contract Documents, the Contractor certifies under the pains and
penalties of perjury pursuant to Chapter 62C, Section 49A(b) of the Massachusetts General Laws
that the Contractor has complied with all of the laws of the Commonwealth of Massachusetts
relating to taxes.
5.12 Permits, Fees, Compliance with Laws
5.12.1 Unless otherwise provided in the Contract Documents, the Contractor shall secure and
pay for the building permit as well as for other permits, fees, licenses, and inspections by
government agencies necessary for proper execution and completion of the Work that are
customarily secured after execution of the Contract and legally required at the time bids are
received or negotiations concluded.
a.Permit fees paid to the Town of Reading are waived.
5.12.2 The Contractor shall keep itself fully informed of and comply with all existing and future
federal, state and municipal laws and regulations and all orders and decrees of any governmental
bodies or tribunals (hereinafter also referred to as ‘laws’) having jurisdiction in any manner
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which affect this contract or construction, including but not limited to such laws affecting those
engaged or employed in the work, the materials used in the work or in any way affecting the
conduct of the work. If any clause in this contract does not conform to such law, then such clause
shall be void and the law operative shall be inserted in lieu thereof. If any discrepancy or
inconsistency is discovered in the specifications, drawings, or contract documents in violation of
the law, the Contractor shall forthwith report the same in writing to the Owner. The Contractor
shall cause its employees, agents and subcontractors to also observe and comply with all such
laws. It shall protect and indemnify the Owner and its officials, board members, employees and
duly appointed agents against any claim or liability arising from or based on any violation,
whether by the Contractor or its officials, employees or subcontractors, of any such law.
5.12.2.1 If the Contractor performs Work which it knows or should know it to be contrary
to applicable laws, statutes, ordinances, codes, rules and regulations, or lawful orders of public
authorities, the Contractor shall be responsible for such Work and shall bear the costs
attributable to correction along with any other damages incurred by the Owner.
5.13 Superintendent
5.13.1 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 substantial completion, and for such additional time
thereafter as the Designer may have determined to be necessary for the expeditious completion
of work. The Superintendent’s duties shall include coordination of all work including the work
of all subcontractors. The Contractor shall not remove the Superintendent without Town’s
consent. 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. The superintendent shall represent the Contractor, and communications given to the
superintendent shall be as binding as if given to the Contractor.
5.13.2 The Contractor, prior to the commencement of Work, shall furnish in writing to the
Owner through the Designer the name and qualifications of a proposed superintendent and any
necessary assistants. The Designer may reply within 14 days to the Contractor in writing stating
(1) whether the Owner or the Designer has reasonable objection to the proposed superintendent
or (2) that the Designer requires additional time to review. Failure of the Designer to reply within
the 14-day period shall constitute notice of no reasonable objection.
5.13.3 The Contractor’s Superintendent and similar authorized representatives of any Sub-
Contractor, Supplier, or any other person or organization shall attend all meetings that are
requested by the Owner, and as required by the Contract Documents.
5.13.4 The Contractor shall not employ a proposed superintendent to whom the Owner or
Designer has made reasonable and timely objection. The Contractor shall not change the
superintendent without the Owner’s consent, which shall not unreasonably be withheld or
delayed.
5.14 Carpenters
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5.14.1 The Contractor shall install all rough and finish carpentry work in a good workmanlike
manner with carpenters on his own payroll except for any finish carpentry work for which the
Owner gives specific prior approval for (a) performance by a named subcontractor and (b) the
terms of the subcontract, and shall at all times have a sufficient number of carpenters on his
payroll to perform all such rough and finish carpentry work and a sufficient number of laborers
on his own payroll to keep the entire construction site clean and free from obstacles hindering the
performance of work.
5.14.2 The Contractor and each of the subcontractors shall furnish to both the Owner and the
Designer the names, addresses, and telephone numbers of the Superintendent and at least two
other of the Contractor’s authorized representatives indicating where they can be contacted at
times other than normal working hours in case of emergency.
5.14.3 When the presence of a Subcontractor or Sub-subcontractor is required at a job meeting,
the Subcontractor or Sub-subcontractor shall be represented by an authorized representative who
is empowered to make binding commitments on all matters to be discussed at such meetings,
including costs, payments, change orders, time schedules and manpower. Notices required under
the Contract may be served on such representatives.
5.15 Construction Schedules
5.15.1 The Contractor, promptly after being awarded the Contract, shall prepare and submit for
the Owner’s, Owner’s Project Manager’s and Designer’s information a Contractor’s construction
schedule for the Work. The schedule shall not exceed time limits current under the Contract
Documents, shall be related to the entire Project to the extent required by the Contract
Documents, and shall provide for expeditious and practicable execution of the Work. The
schedule shall utilize the Critical Path Method and shall (1) include an estimated cash flow
schedule, showing anticipated monthly expenditures throughout the duration of the Contract
based on the Schedule of Values required under Section ________of this Contract Agreement;
(2) accurately reflect the relationships between activities; (3) contain no activities of greater than
30 days duration; and (4) clearly indicate the critical path activities and float values for non -
critical activities. Contractor shall submit an updated schedule monthly that accurately reflects
the progress achieved and any changes in Contractor’s planned activities and logic relationships.
5.15.1.1 The Owner’s, Owner’s Project Manager’s, and Designer’s review and comments
on the construction schedule shall not constitute a waiver of contract requirements and shall not
relieve the Contractor of requirements established by the Contract Documents and/or by
applicable laws and standards.
5.15.2 The Contractor shall prepare a submittal schedule, promptly after being awarded the
Contract and thereafter as necessary to maintain a current submittal schedule, and shall submit
the schedule(s) for the Designer’s approval. The Designer’s approval shall not unreasonably be
delayed or withheld. The submittal schedule shall (1) be coordinated with the Contractor’s
construction schedule, and (2) allow the Designer reasonable time to review submittals. If the
Contractor fails to submit a submittal schedule, the Contractor shall not be entitled to any
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increase in Contract Sum or extension of Contract Time based on the time required for review of
submittals.
5.15.3 The Contractor shall perform the Work in strict accordance with the Construction
Schedule. The Contractor’s compliance with the Construction Schedule shall be a material
obligation of this Contract.
5.16 The Contractor shall maintain at the site for the Owner one copy of the Drawings,
Specifications, Addenda, Change Orders and other Modifications, in good order and marked
currently to indicate field changes and selections made during construction, and one copy of
approved Shop Drawings, Product Data, Samples and similar required submittals. These shall be
available to the Designer and shall be delivered to the Designer for submittal to the Owner upon
completion of the Work as a record of the Work as constructed.
5.17 Shop Drawings
5.17.1 The Contractor shall furnish to the Designer all samples of the materials to be used in the
execution of the Work as required by the Contract Documents. The Contractor shall furnish to the
Designer in a timely manner all coordination Drawings, shop details, Shop Drawings, and setting
diagrams which may be necessary for acquiring and installing materials. These shall be reviewed as
required by the Designer. A minimum of the number of copies indicated in the specification shall be
submitted for final approval, one of which shall be returned to the Contractor, one to the Resident
Engineer, one to the Awarding Authority and one filed with the Designer. The inspection and approval
by the Designer of Shop Drawings, etc. shall be general and shall in no way relieve the Contractor
from responsibility for proper fitting, coordinating, construction, and construction sequencing. The
Contractor shall furnish to the Designer such information and vouchers relative to the Work, the
materials therefor, and the persons employed thereon, as the Designer shall from time to time request.
5.17.2 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.
5.17.3 The Contractor shall review, approve, and submit to the 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 Owner
or of separate contractors. Submittals made by the Contractor that are not required by the Contract
Documents or that do not comply with the Contract Documents may be returned without action.
5.17.4 The Contractor shall prepare and keep current for the Designer's approval a schedule of
submittals that is coordinated with the Progress Schedule and allows the Designer reasonable time to
review submittals. The Contractor shall perform no portion of the Work requiring submittal and review
of Shop Drawings, Product Data, Samples or similar submittals until the respective submittal has been
approved by the Designer. Such Work shall be in accordance with Approved submittals. By 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 and has checked and coordinated the information contained within such submittals with
the requirements of the Work and of the Contract Documents.
5.17.5 The Contractor shall not be relieved of responsibility for deviations from requirements of the
Contract Documents by the Designer's approval of Shop Drawings, Product Data, Samples or similar
submittals unless the Contractor has specifically informed the Designer in writing of such deviation
at the time of submittal and the Owner has given explicit written approval to the specific deviation.
The Contractor shall not be relieved of responsibility for errors or omissions in Shop Drawings,
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Product Data, Samples, or similar submittals by the Designer's or the Owner’s actions.
5.17.6 When professional certification of performance criteria of materials, systems or
equipment is required by the Contract Documents, such certification must be stamped by a
registered Massachusetts professional in the discipline required. The Designer shall be entitled to
rely upon the accuracy and completeness of such calculations and certifications.
5.17.7 Materials furnished or used or employed under the Contract must be equal in quality to
the samples furnished and be satisfactory to the Designer.
5.18 Tests
5.18.1 Any material to be used in the Work may be tested or inspected at any time by the
Designer with the prior Approval of the Owner and may be rejected if it fails to comply with
specified tests. The Owner shall pay for all testing of specified material. If the Contractor
requests permission to use a material that was not specified, then the Contractor shall pay for
such testing. The cost of testing of materials that fail the testing criteria shall be borne by the
Contractor.
5.18.2 The Contractor shall notify the Designer and the Owner of the proposed sources of
materials 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 arising from Contractor's
failure to designate the proposed source or to order the material in time for adequate testing
and inspection. Necessary arrangements shall be made to permit the 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 the Site.
5.19 “Or Equal” Submissions.
5.19.1 Where products or materials are prescribed by manufacturer name, trade name,
or catalog reference, the words "or Approved equal" shall be understood to follow. An item
shall be considered equal to the item so named or described if in the opinion of the Owner (a)
it is at least equal in quality, durability, appearance, strength and design, (b) it performs at least
equally the function imposed in the general design for the Work, and (c) it conforms
substantially, even with deviations, to the detailed requirements for the items as indicated by
the Specifications. Any structural or mechanical changes made necessary to accommodate
products or materials substituted as an "or equal” shall be at the expense of the Contractor.
"Approved equal" shall mean an item with respect to which the Owner shall have issued a
written statement to the Contractor to the effect that the item is, in the Owner’s opinion, equal
within the meaning of this paragraph to that prescribed in the Contract Documents.
5.19.2 The Contractor shall be responsible for providing the Designer with any information and
test results that the Designer reasonably requires to determine whether or not a material is equal
to a material named or described in the Contract Documents.
5.19.3 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 twenty (120) days prior to the date the materials will be used in the Work. In no event
shall the Contractor maintain a claim for delays based upon the Designer's review of such
substituted materials if the Contractor has failed to comply with the one hundred twenty (120)
day submission requirement.
5.19.4 The Contractor shall save the written calculations, pricing information, and other data that
the Contractor used to calculate the General Bid (the "Bid Pricing Materials") for at least six years
after the Owner makes Final Payment under this Contract Agreement. No increase in the Contract
Sum shall be allowed for any material later found to have been improperly rejected as not being
equal unless the Contractor can show persuasive evidence that the rejection increased the
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Contractor's costs over those provided for in the Bid Pricing Materials, net of all savings the
Contractor obtained by substituting other "or-equal" items. Without limiting the foregoing, if the
Owner rejects a proposed substitution on the basis that the item is not equal and if after the
Contractor complies with the appeal procedures required by law and by the Contract Documents, the
appropriate authority finds that the proposed substitution was equal, the Contract Sum may be
increased only to the extent that (1) the item that the Contract Documents specifically require costs
more than the item later approved as equal, (2) the Bid Pricing Materials prove that the Contractor
calculated its bid using the cost of the item later found as equal, (3) any increase is reduced by any
cost that the Contractor would have incurred for structural or mechanical changes necessary to
accommodate the substitute item, (4) the Contractor shall not be entitled to any adjustment for
overhead and profit, (5) any increase must exceed the aggregate amount that the Contractor saved
using products or materials that the Owner approved as equal under this Contract Agreement. In
calculating the Contractor's aggregate saving under the preceding clause (5), the Contractor shall
provide the Owner with the Bid Pricing Materials and a calculation based on the Bid Pricing
Materials that compare the price (stated in the Bid Pricing Materials) of each item replaced with an
"or equal" item, with the cost of the approved equal item, specifically describes all costs that
Contractor would have incurred making structural or mechanical changes to include within the
Work the item later found to have been improperly rejected and copies of all plans, specifications,
shop Drawings, and other design documents that the Owner deems necessary or desirable.
5.20 Delivery and Storage of Materials
5.20.1 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 and so that their security, quality, and fitness of the materials for the
Work is preserved.
5.20.2 Materials stored off Site shall be insured and stored at the expense of the Contractor so as to
guarantee the preservation of their security, quality and fitness for the Work. Without derogating
from the Contractor's responsibilities in the previous sentence, when necessary to avoid
deterioration or damage, material (on or off Site) shall be placed on wooden platforms or other hard
clean surfaces and not on the ground and shall be properly protected.
5.20.3 Expenses for inspection of material by the Designer and/or the Owner including travel,
quarters, and subsistence shall be borne by the Contractor requesting the inspection of material
stored outside the Commonwealth of Massachusetts as part of the Contract Price. The policy of the
Owner precludes the payment for material stored outside the boundaries of Massachusetts except in
extremely limited circumstances with the express written consent of the Owner. If the Contractor
requests an inspection of material stored outside the Commonwealth of Massachusetts, the Owner
will initially pay for all expenses of inspecting the material incurred by the Designer and/or Owner’s
personnel including travel, quarters, and subsistence. The Owner will then give Contractor an
invoice for those costs and the Contractor shall submit a credit Change Order for the amount of
those expenses.
5.20.4 Stored materials either at the Site or at some other location agreed upon in writing shall be so
located as to facilitate prompt inspection and even though approved before storage, may again be
inspected prior to their use in the Work.
5.20.4.1 All storage sites shall be restored to their original condition by the Contractor at the
Contractor’s expense.
5.20.5 The Contractor shall take charge of and be liable for any loss of or injury to the materials for
his use delivered to or in the vicinity of the place where the Work is being done, whether furnished by
the Owner or otherwise; the Contractor shall notify the Designer as soon as any such materials are so
delivered, allow them to be examined by the Designer, and furnish workers to assist therewith.
5.21 Defective and Damaged Materials
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5.21.1 The Designer may reject materials if the Designer reasonably determines that such materials do not conform to the Contract Documents in any manner, including but not limited to
materials that have become damaged or deteriorated from improper storage whether or not such
materials have previously been accepted. The Contractor at its own expense shall remove
rejected materials from the Work. No rejected material, the defects of which have been subsequently corrected, shall be used except with the written permission of the Designer.
Should the Contractor fail to remove rejected material within a reasonable time, the Designer
and/or Owner may, in addition to any other available remedies, remove and/or replace the
rejected material, and to deduct the cost of such removal and/or replacement from any moneys due or to become due the Contractor. No extra time shall be allowed for completion of Work
by reason of such rejection. The inspection of the Work shall not relieve the Contractor of any
of its obligations herein prescribed, and any defective Work shall be corrected. Work not
conforming to the Contract Documents may be rejected notwithstanding that such Work and materials have been previously overlooked or misjudged by the Designer and accepted for
payment. If the Work or any part thereof shall be found defective at any time before Final
Acceptance of the whole Work, the Contractor shall forthwith make good such defect in a
manner satisfactory to the Designer. Nothing in the Contract shall be construed as vesting in
the Contractor any property rights in the materials used after they have been attached or affixed to the Work or the Site; but all such materials shall upon being so attached or affixed
become a property of the Owner.
6.PAYMENT
6.1 Schedule of Values. Before the first application for payment the Contractor shall submit
to the Designer and the Owner a schedule of values allocated to various portions of the Work in
sufficient detail to reflect the various major components of each trade (with filed Subcontractors as
well as MBE/WBE noted), including quantities when requested, aggregating the total Contract
Price and divided so as to facilitate payments for work under each section of the Specifications.
The schedule shall be prepared in such form and supported by such data to substantiate its accuracy
as the Designer or the Owner may require. Each item in the schedule shall include its proper share
of overhead and profit. When Approved by the Designer and the Owner, it shall constitute the
Schedule of Values and shall be used only as a basis for the Contractor's requests for payments.
6.2 Applications for Payment. At least fifteen days before the date established for each
progress payment, the Contractor shall submit to the Architect and Owner an itemized
Application for Payment prepared in accordance with the schedule of values for completed
portions of the Work. Such application shall be notarized, if required, and supported by such data
substantiating the Contractor’s right to payment as the Owner or Architect may require, such as
copies of requisitions from Subcontractors and material suppliers, and shall reflect retainage.
6.2.1 PENCIL REQUISITION: In order to expedite monthly payments during the course of
the Project, the Contractor shall review with the Architect a preliminary draft of each
Application for Payment before final copies the application are typed and formally submitted.
The Architect shall then review the Contractor’s formal, notarized Application for Payment,
supported by such data substantiating the Contractor’s Application for Payment as the Owner or
Architect may require, and certify in writing the total value of Work completed, including an
allowance for the value of materials delivered and suitably stored at the site at the time of such
Application.
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6.3 Based upon Applications for Payment submitted by the Contractor and Certificates for
Payment issued by the Designer, the Owner shall make progress payments on account of the
Contract Sum to the Contractor as provided below and elsewhere in the Contract Documents.
6.4 Payment to the Contractor shall be made by the Town in accordance with in accordance
with M.G.L. c. 30, Sec. 39K:
Within fifteen days (30 days in the case of the commonwealth, including local housing
authorities) after receipt from the contractor, at the place designated by the awarding
authority if such a place is so designated, of a periodic estimate requesting payment of the
amount due for the preceding month, the awarding authority 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 awarding
authority, upon certification by the contractor that he is the lawful owner and that the
materials are free from all encumbrances, but 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 thirty-nine F, and less (3) a retention not exceeding five per cent of the
approved amount of the periodic payment. After the receipt of a periodic estimate
requesting final payment and within sixty-five 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 awarding authority, less than one per cent of the original
contract price, or (b) the contractor substantially completes the work and the awarding
authority takes possession for occupancy, whichever occurs first, the awarding authority
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 of
completing the incomplete and unsatisfactory items of work and less (2) a retention for
direct payments to subcontractors based on demands for same in accordance with the
provisions of section thirty-nine F, 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 thirty-nine F. 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 than
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 (twenty-four days in the case of the
commonwealth) after receipt of such a periodic estimate from the contractor, at the place
designated by the awarding authority 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.
The payment shall be in full less 5% retainage for furnishing all materials, supplies, labor,
services, supervision, tools and equipment and use thereof. Acceptance of periodic payments by
the Contractor shall constitute a waiver of claims known or knowable at the time by the
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Contractor except those previously made in writing and identified by the Contractor as unsettled
at the time of periodic payment.
6.5 Each Application for Payment or periodic estimate requesting payment shall be
accompanied by a certificate signed by each Subcontractor under pains and penalties of perjury
stating that the Subcontractor has been paid all amounts due the Subcontractor on the basis of the
previous periodic payment to the Contractor, or else stating the amount not so paid and the
reason for the discrepancy. In the event of any such discrepancy, the Contractor shall furnish the
Contractor’s own written explanation to the Owner through the Engineer. Such waiver or
certificate shall be in a form acceptable to the Owner. The Contractor warrants that title to all
work covered by an application for payment will pass to the Owner either by incorporation into
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 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 set 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.
6.6 The period covered by each Application for Payment shall be one calendar month ending
on the last day of the month.
6.7 Retainage shall be withheld until Substantial Completion of the entire project. The Owner
will pay ninety-five percent (95%) of the amount due the Contractor on account of progress
payments. This retainage of five percent (5%), less any amount due from the Contractor for
Liquidated Damages and applicable costs of the Designer, and Designer’s Consultants, and less
amounts based on the established value of punch list items and any other Owner claims or back-
charges against the Contractor, will be paid within sixty-five (65) days of Substantial Completion
in accordance with M.G.L. c.30, §39K. Acceptance of periodic payments by the Contractor shall
constitute a waiver of claims known or knowable at the time by the Contractor except those
previously made in writing and identified by the Contractor as unsettled at the time of periodic
payment.
6.8 If at any time there shall be evidence of any lien or other claim for which, if established,
the Owner may become liable, directly or indirectly, and which is chargeable to the Contractor,
the Owner may retain out of the payment then due or thereafter to become due, an amount
sufficient to completely indemnify it against any such claim. If there proves to be any such
claims after all the payments are made, the Contractor shall refund to the Owner all moneys that
the Owner pays in discharging such claim in consequence of the Contractor’s default.
6.9 The Contractor warrants that title to all Work (including materials and equipment)
covered by an Application for Payment will pass to the Owner either by incorporation in the
Work or upon the receipt of payment by the Contractor, whichever occurs first, free and clear of
all liens, claims, security interests or encumbrances.
6.10 Unless otherwise provided in the Contract Documents, payments shall be made on
account of materials and equipment delivered and suitably stored at the site for subsequent
incorporation in the Work. If approved in advance by the Owner, payment may similarly be
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made for materials and equipment suitably stored off the site at a location agreed upon in
writing. Payment for materials and equipment stored on or off the site shall be conditioned upon
compliance by the Contractor with procedures satisfactory to the Owner to establish the Owner’s
title to such materials and equipment or otherwise protect the Owner’s interest, and shall include
the costs of applicable insurance, storage and transportation to the site for such materials and
equipment stored off the site.
6.11 The Contractor warrants that title to all Work (including materials and equipment)
covered by an Application for Payment will pass to the Owner either by incorporation in the
Work or upon the receipt of payment by the Contractor, whichever occurs first, free and clear of
all liens, claims, security interests or encumbrances.
6.12 The Contractor, his Subcontractors and Sub-subcontractors shall obtain prior written
approval from the Owner through the Designer for permission to store materials to be
incorporated in the Work, for which Progress Payments will be requested, at off-site locations. In
no case shall stored materials or equipment, whether stored at the site or at some other location,
be considered payment unless, in the sole judgment of the Owner, the materials or equipment are
ready for and actually scheduled for prompt use. Written request for payment of stored material
must be made thirty days in advance of the due date for the Application for Payment. Any and all
charges for storage, including insurance, shall be borne solely by the General Contractor. Before
approval, the Owner will require proper proof of insurance and a letter in which is furnished: (a)
the name of the Contractor and/or the Subcontractor or Sub-subcontractor leasing the storage
area; (b) the location of such leased space; (c) the leased area (the entire premises or certain areas
of a warehouse given the number of floors or portions thereof); (d) the date on which the
material is first stored; and (e) the value of the material stored.
6.12.1 The General Contractor, his Subcontractors and Sub-subcontractors shall notify the
Designer and the Owner to inspect, at least once each month, the materials being stored at any
location.
6.12.2 The General Contractor, his Subcontractors and Sub-subcontractors shall mark each
sealed carton with the name of the Project and the Designer.
6.12.3 A perpetual inventory shall be maintained for all materials held in storage for which
payment has been requested.
6.12.4 Payment for materials stored off site shall be at the sole discretion of the Owner. Any
additional costs to the Owner resulting from storage of material off site for which payment is
requested, such as, but not limited to, travel expenses and time for inspectors, shall be charged
to, and paid by, the General Contractor.
6.13 The Contractor shall submit four (4) copies of its Application for Payment.
6.14 Certificates for Payment
6.14.1 The Designer will, within seven days after receipt of the Contractor’s Application for
Payment, either issue to the Owner a Certificate for Payment, with a copy to the Contractor, for
such amount as the Designer determines is properly due, or notify the Contractor and Owner in
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writing of the Designer’s reasons for withholding certification in whole or in part as provided
herein.
6.14.2 The issuance of a Certificate for Payment will constitute a representation by the Designer
to the Owner, based on the Designer’s evaluation of the Work and the data comprising the
Application for Payment, that, to the best of the Designer’s knowledge, information and belief,
the Work has progressed to the point indicated and that the quality of the Work is in accordance
with the Contract Documents. The foregoing representations are subject to an evaluation of the
Work for conformance with the Contract Documents upon Substantial Completion, to results of
subsequent tests and inspections, to correction of minor deviations from the Contract Documents
prior to completion and to specific qualifications expressed by the Designer. However, the
issuance of a Certificate for Payment will not be a representation that the Designer has (1) made
exhaustive or continuous on-site inspections to check the quality or quantity of the Work, (2)
reviewed construction means, methods, techniques, sequences or procedures, (3) reviewed copies
of requisitions received from Subcontractors and material suppliers and other data requested by
the Owner to substantiate the Contractor’s right to payment, or (4) made examination to ascertain
how or for what purpose the Contractor has used money previously paid on account of the
Contract Sum.
6.14.3 The Designer may withhold a Certificate for Payment in whole or in part, to the extent
reasonably necessary to protect the Owner, if in the Designer’s opinion the representations to the
Owner required by Section 6.12.2 cannot be made. If the Designer is unable to certify payment
in the amount of the Application, the Designer will notify the Contractor and Owner as provided
in Section 6.12.1. If the Contractor and Designer cannot agree on a revised amount, the Designer
will promptly issue a Certificate for Payment for the amount for which the Designer is able to
make such representations to the Owner. The Designer may also withhold a Certificate for
Payment or, because of subsequently discovered evidence, may nullify the whole or a part of a
Certificate for Payment previously issued, to such extent as may be necessary in the Designer’s
opinion to protect the Owner from loss for which the Contractor is responsible, including loss
resulting from acts and omissions described in Section 5.8.2, because of
1.defective Work not remedied;
2.third party claims filed or reasonable evidence indicating probable filing of such
claims unless security acceptable to the Owner is provided by the Contractor;
3.failure of the Contractor to make payments properly to Subcontractors or for labor,
materials or equipment;
4.reasonable evidence that the Work cannot be completed for the unpaid balance of
the Contract Sum;
5.damage to the Owner or a separate contractor;
6.reasonable evidence that the Work will not be completed within the Contract Time,
and that the retainage currently held by the Owner would not be adequate to cover
actual or liquidated damages for the anticipated delay; or
7.failure to carry out the Work in accordance with the Contract Documents.
8.failure of mechanical trade or electrical trade, or any other trade, subcontractor 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 Designer before approval of the
Contractor’s monthly payment requisition.
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6.14.4 When the above reasons for withholding certification are removed, certification will be
made for amounts previously withheld, and which are properly due the Contractor.
6.14.5 If the Designer withholds certification for payment under Section 6.12.3, the Owner may,
at its sole option, issue joint checks to the Contractor and to any Subcontractor or material or
equipment suppliers to whom the Contractor failed to make payment for Work properly
performed or material or equipment suitably delivered. If the Owner makes payments by joint
check, the Owner shall notify the Designer and the Designer will reflect such payment on the
next Certificate for Payment.
6.14.6 A Certificate for Payment, a progress payment, or partial or entire use or occupancy of
the Project by the Owner shall not constitute acceptance of Work not in accordance with the
Contract Documents.
ARTICLE 7: PAYMENT OF SUBCONTRACTORS
7.1 The Contractor shall make payment to subcontractors in accordance with M.G.L. c. 30, §
39F, which is quoted in this section below. For purposes of this Agreement, the word “forthwith”
appearing in paragraph (1)(a) of the quoted provision shall be deemed to mean “within five (5)
business days.” The Contractor shall, at the Owner’s request, furnish satisfactory evidence that
all such obligations have been paid, discharged, or waived. M.G.L. c. 30, § 39F provides:
(1)Every contract awarded pursuant to sections forty-four A to L, inclusive, of chapter
one hundred and forty-nine shall contain the following subparagraphs (a) through (i) and
every contract awarded pursuant to section thirty-nine M of chapter thirty shall contain
the following subparagraphs (a) through (h) and in each case those subparagraphs shall
be binding between the general contractor and each subcontractor.
(a) Forthwith after the general contractor receives payment on account of a periodic
estimate, the general contractor shall pay to each subcontractor the amount paid for the
labor performed and the materials furnished by that subcontractor, less any amount
specified in any court proceedings barring such payment and also less any amount
claimed due from the subcontractor by the general contractor.
(b) Not later than the sixty-fifth day after each subcontractor substantially completes his
work in accordance with the plans and specifications, the entire balance due under the
subcontract less amounts retained by the awarding authority as the estimated cost of
completing the incomplete and unsatisfactory items of work, shall be due the
subcontractor; and the awarding authority shall pay that amount to the general contractor.
The general contractor shall forthwith pay to the subcontractor the full amount received
from the awarding authority less any amount specified in any court proceedings barring
such payment and also less any amount claimed due from the subcontractor by the
general contractor.
(c) Each payment made by the awarding authority to the general contractor pursuant to
subparagraphs (a) and (b) of this paragraph for the labor performed and the materials
furnished by a subcontractor shall be made to the general contractor for the account of
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that subcontractor; and the awarding authority shall take reasonable steps to compel the
general contractor to make each such payment to each such subcontractor. If the
awarding authority has received a demand for direct payment from a subcontractor for
any amount which has already been included in a payment to the general contractor or
which is to be included in a payment to the general contractor for payment to the
subcontractor as provided in subparagraphs (a) and (b), the awarding authority shall act
upon the demand as provided in this section.
(d) If, within seventy days after the subcontractor has substantially completed the
subcontract work, the subcontractor has not received from the general contractor the
balance due under the subcontract including any amount due for extra labor and materials
furnished to the general contractor, less any amount retained by the awarding authority as
the estimated cost of completing the incomplete and unsatisfactory items of work, the
subcontractor may demand direct payment of that balance from the awarding authority.
The demand shall be by a sworn statement delivered to or sent by certified mail to the
awarding authority, and a copy shall be delivered to or sent by certified mail to the
general contractor at the same time. The demand shall contain a detailed breakdown of
the balance due under the subcontract and also a statement of the status of completion of
the subcontract work. Any demand made after substantial completion of the subcontract
work shall be valid even if delivered or mailed prior to the seventieth day after the
subcontractor has substantially completed the subcontract work. Within ten days after the
subcontractor has delivered or so mailed the demand to the awarding authority and
delivered or so mailed a copy to the general contractor, the general contractor may reply
to the demand. The reply shall be by a sworn statement delivered to or sent by certified
mail to the awarding authority and a copy shall be delivered to or sent by certified mail to
the subcontractor at the same time. The reply shall contain a detailed breakdown of the
balance due under the subcontract including any amount due for extra labor and materials
furnished to the general contractor and of the amount due for each claim made by the
general contractor against the subcontractor.
(e) Within fifteen days after receipt of the demand by the awarding authority, but in no
event prior to the seventieth day after substantial completion of the subcontract work, the
awarding authority shall make direct payment to the subcontractor of the balance due
under the subcontract including any amount due for extra labor and materials furnished to
the general contractor, less any amount (i) retained by the awarding authority as the
estimated cost of completing the incomplete or unsatisfactory items of work, (ii)
specified in any court proceedings barring such payment, or (iii) disputed by the general
contractor in the sworn reply; provided, that the awarding authority shall not deduct from
a direct payment any amount as provided in part (iii) if the reply is not sworn to, or for
which the sworn reply does not contain the detailed breakdown required by subparagraph
(d). The awarding authority shall make further direct payments to the subcontractor
forthwith after the removal of the basis for deductions from direct payments made as
provided in parts (i) and (ii) of this subparagraph.
(f) The awarding authority shall forthwith deposit the amount deducted from a direct
payment as provided in part (iii) of subparagraph (e) in an interest-bearing joint account
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in the names of the general contractor and the subcontractor in a bank in Massachusetts
selected by the awarding authority or agreed upon by the general contractor and the
subcontractor and shall notify the general contractor and the subcontractor of the date of
the deposit and the bank receiving the deposit. The bank shall pay the amount in the
account, including accrued interest, as provided in an agreement between the general
contractor and the subcontractor or as determined by decree of a court of competent
jurisdiction.
(g) All direct payments and all deductions from demands for direct payments deposited in
an interest-bearing account or accounts in a bank pursuant to subparagraph (f) shall be
made out of amounts payable to the general contractor at the time of receipt of a demand
for direct payment from a subcontractor and out of amounts which later become payable
to the general contractor and in the order of receipt of such demands from subcontractors.
All direct payments shall discharge the obligation of the awarding authority to the general
contractor to the extent of such payment.
(h) The awarding authority shall deduct from payments to a general contractor amounts
which, together with the deposits in interest-bearing accounts pursuant to subparagraph
(f), are sufficient to satisfy all unpaid balances of demands for direct payment received
from subcontractors. All such amounts shall be earmarked for such direct payments, and
the subcontractors shall have a right in such deductions prior to any claims against such
amounts by creditors of the general contractor.
(i) If the subcontractor does not receive payment as provided in subparagraph (a) or if the
general contractor does not submit a periodic estimate for the value of the labor or
materials performed or furnished by the subcontractor and the subcontractor does not
receive payment for same when due less the deductions provided for in subparagraph (a),
the subcontractor may demand direct payment by following the procedure in
subparagraph (d) and the general contractor may file a sworn reply as provided in that
same subparagraph. A demand made after the first day of the month following that for
which the subcontractor performed or furnished the labor and materials for which the
subcontractor seeks payment shall be valid even if delivered or mailed prior to the time
payment was due on a periodic estimate from the general contractor. Thereafter the
awarding authority shall proceed as provided in subparagraph (e), (f), (g) and (h).
7.2 The Owner has the right to request written evidence from the Contractor that the
Contractor has properly paid Subcontractors and material and equipment suppliers amounts paid
by the Owner to the Contractor for subcontracted Work. If the Contractor fails to furnish such
evidence within seven days, the Owner shall have the right to contact Subcontractors to ascertain
whether they have been properly paid. Neither the Owner nor Designer shall have an obligation
to pay or to see to the payment of money to a Subcontractor, except as may otherwise be
required by law.
ARTICLE 8: DIFFERING SITE CONDITIONS; CONTRACT CLAIMS AND DISPUTES
8.1 As required by M.G.L. c. 30, Section 39N, the parties hereby agree:
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If, during the progress of the work, the contractor or the awarding authority discovers that
the actual subsurface or latent physical conditions encountered at the site differ
substantially or materially from those shown on the plans or indicated in the contract
documents either the contractor or the contracting authority may request an equitable
adjustment in the contract price of the contract applying to work affected by the differing
site conditions. A request for such an adjustment shall be in writing and shall be delivered
by the party making such claim to the other party as soon as possible after such
conditions are discovered. Upon receipt of such a claim from a contractor, or upon its
own initiative, the contracting authority shall make an investigation of such physical
conditions, and, if they differ substantially or materially from those shown on the plans or
indicated in the contract documents or from those ordinarily encountered and generally
recognized as inherent in work of the character provided for in the plans and contract
documents and are of such 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 contracting authority shall make an equitable adjustment in the contract price and the
contract shall be modified in writing accordingly.
8.2 CLAIMS AND DISPUTES
8.2.1 Notice of Claims. Claims against the Owner must be initiated within seven (7) days
after occurrence of the event giving rise to such Claim or within seven (7) days after the
Contractor first recognizes the condition giving rise to the Claim, whichever is later. Claims must
be initiated by written notice to the Designer and the other party.
8.2.1.1 The Contractor’s failure to provide written notice in strict accordance with this paragraph
will result in the Contractor’s having waived its Claim. Written notice submitted by the
Contractor must include pricing of the Claim.
8.2.1.2 The Contractor shall furnish the Designer with such additional documentation as the
Designer may request to evaluate the Claim.
8.2.2 Claims shall be referred to the Initial Decision Maker for initial decision. The Designer
will serve as the Initial Decision Maker, unless otherwise indicated in the Contract Documents.
An initial decision shall be required as a condition precedent to mediation of any Claim arising
prior to the date final payment is due, unless 30 days have passed after the Claim has been
referred to the Initial Decision Maker with no decision having been rendered.
8.2.2.1 The Initial Decision Maker will review Claims and within ten days of the receipt of a
Claim take one or more of the following actions: (1) request additional supporting data from the
claimant or a response with supporting data from the other party, (2) reject the Claim in whole or
in part, (3) approve the Claim, (4) suggest a compromise, or (5) advise the parties that the Initial
Decision Maker is unable to resolve the Claim if the Initial Decision Maker lacks sufficient
information to evaluate the merits of the Claim or if the Initial Decision Maker concludes that, in
the Initial Decision Maker’s sole discretion, it would be inappropriate for the Initial Decision
Maker to resolve the Claim.
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8.2.2.1.1 If the Initial Decision Maker requests a party to provide a response to a Claim or
to furnish additional supporting data, such party shall respond, within ten days after receipt of
such request, and shall either (1) provide a response on the requested supporting data, (2) advise
the Initial Decision Maker when the response or supporting data will be furnished or (3) advise
the Initial Decision Maker that no supporting data will be furnished. Upon receipt of the response
or supporting data, if any, the Initial Decision Maker will either reject or approve the Claim in
whole or in part.
8.2.2.2 The Initial Decision Maker will render an initial decision approving or rejecting the
Claim, or indicating that the Initial Decision Maker is unable to resolve the Claim. This initial
decision shall (1) be in writing; (2) state the reasons therefor; and (3) notify the parties and the
Designer, if the Designer is not serving as the Initial Decision Maker, of any change in the
Contract Sum or Contract Time or both. The initial decision shall be final and binding on the
parties but subject to mediation and/or litigation of the claim as provided herein.
8.2.3 Regardless of the disposition or status of a Claim, (except as otherwise agreed in writing
or as provided elsewhere in the Contract Documents), the Contractor shall proceed diligently
with performance of the Contract. The Designer will prepare Change Orders and issue
Certificates for Payment in accordance with the decisions of the Initial Decision Maker.
8.2.4 Claims for Additional Cost. If the Contractor wishes to make a Claim for an increase in
the Contract Sum, written notice as provided herein shall be given before proceeding to execute
the Work. Prior notice is not required for Claims relating to an emergency endangering life or
property.
8.2.4.1 Contractor hereby acknowledges that the Owner has the contractual right to delay the
Work. Such right may not be exercised unreasonably. In addition, Contractor shall not be entitled
to additional compensation as a result of delay, even if caused by the Owner or those for whom
the Owner is responsible. The Contractor’s sole remedy for any delay is an extension of time,
notwithstanding the above. Furthermore, the Contractor acknowledges that the Construction
Schedule reflects the Contractor’s schedule expectations, based upon the Contract Documents,
tests, surveys or plans heretofore submitted to the Contractor and Contractor’s visual inspection
of the Project Site. The Contractor hereby agrees that is has taken these factors into account and
the Contractor shall have no entitlement to an increase in the Contract Sum or any other
additional costs, expenses or damages of whatsoever nature as they may relate to or otherwise
arise from any delay, impact, or acceleration, except as and to the extent expressly provided
under M.G.L. c.30, § 39O. The Contractor acknowledges that the Contractor’s sole remedy for
any such delay and/or suspension will be an extension of time provided the Contractor complies
with notice requirements contained in Section 8.2.1.
8.2.5 Claims for Additional Time. If the Contractor wishes to make a Claim for an increase in
the Contract Time, written notice as provided herein shall be given. In the case of a continuing
delay, only one Claim is necessary.
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8.2.5.1 No increase in the Contract Time will be allowed for Work that is delayed as a result of
the Contractor’s failure to timely submit, revise or resubmit shop drawings, product data, and/or
samples.
8.2.5.2 No extension of time shall be granted because of seasonal, normal 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. Any additional cost of operations or conditions resulting
therefrom shall be the responsibility of the Contractor.
8.2.5.3 The Owner shall not extend the Contract Time due to a delay until all Contract Float is
used.
8.2.5.4 The Contractor shall have the burden of demonstrating the effect of the claimed delay on
the Contract Time and shall furnish the Designer with such documentation relating to the claim
as the Designer may reasonably require. The Progress schedule in the format required by the
Contract Documents shall be used for determining the Contractor’s Rights to an extension of
time under Section 9.2. The Designer will not be obligated to grant an extension of time unless
the Contractor can demonstrate that the schedule has been negatively affected for reasons
allowable under Section 9.3. If requested to do so by the Designer, the Contractor shall furnish
additional hard copy print-outs of the revised Schedules and charts reflecting the actual or
estimated time changes resulting from Change Orders or other events or actions which are the
basis for the Claim for Additional Time.
8.2.6 The Contractor waives Claims against the Owner for consequential damages arising out
of or relating to this Contract. This waiver includes damages incurred by the Contractor for
principal office expenses including the compensation of personnel stationed there, for losses of
financing, business and reputation, and for loss of profit except anticipated profit arising directly
from the Work. This waiver is applicable, without limitation, to all consequential damages due to
either party’s termination in accordance with the Contract Documents.
8.2.7 Claims, disputes or other matters in question between the parties to this Contract
Agreement arising out of or relating to this Contract Agreement or breach thereof shall be
subject to and decided by the Superior Court of Massachusetts in Middlesex County, if
jurisdiction exists, and if jurisdiction does not exist in the Superior Court, said action shall be
brought in the Woburn District Court of Massachusetts. A claim, dispute or other matter may be
submitted to mediation, in accordance with the provisions of the American Arbitration
Association, at the sole discretion of the Owner.
8.2.7.1 In the event that the Owner elects to demand mediation to settle any claim, dispute or
matter in question, the parties shall share the mediator’s fee and any filing fees equally. The
mediation shall be held in the place where the Project is located, unless another location is
mutually agreed upon. Agreements reached in mediation shall be enforceable as settlement
agreements in any court having jurisdiction thereof.
8.2.8 In the event of a Claim against the Contractor, the Owner may, but is not obligated to,
notify the surety, if any, of the nature and amount of the Claim. If the Claim relates to a
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possibility of a Contractor’s default, the Owner may, but is not obligated to, notify the surety and
request the surety’s assistance in resolving the controversy.
ARTICLE 9: PROGRESS OF WORK, SUBSTANTIAL COMPLETION, FINAL
COMPLETION
9.1 Time limits stated in the Contract Documents are of the essence. The Contractor and its
Subcontractors shall perform and coordinate all Work without delay. By executing the
Agreement the Contractor confirms it has reviewed the Contract Documents and that the
Contract Time is a reasonable period for performing the Work. The Contractor shall proceed
expeditiously with adequate forces and shall achieve Substantial Completion within the Contract
Time.
9.2 The term “Substantial Completion” as used in this Contract shall mean the point at
which, as certified in writing by the Designer, the Designer has determined that the Project is at a
level of completion in strict compliance with this Contract such that the Owner or its designee
can enjoy beneficial use and can use or operate it in all respects for its intended purpose 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. Partial use of the Project shall not
result in the Project being deemed substantially complete, and such partial use shall not be
evidence of substantial completion.
9.2.1 The Contractor shall submit, prior to requesting substantial completion, written
certification that: (a) Equipment and systems have been tested in the presence of the Owner’s
Representative and are operational; (b) Owner’s designated staff have been instructed on all
equipment and systems and an Owner signed receipt has been furnished to the Designer; (c)
Operational and Maintenance Manuals and record drawings have been submitted to and
reviewed by the Designer and have been delivered to the Owner with required corrections.
Submit copies of receipts signed by Owner’s representative; (d) Owner has received the
specified guarantees and spare parts and the Owner has signed a receipt for same; and (e) Project
has been completed and is ready for final inspection and an appropriate Certificate of Occupancy
has been issued.
9.2.1.2 The Contractor shall also submit the following: (a) Contractor’s Affidavit of Payments
for Debts and Claims; (b) Contractor’s Affidavit of Release of Liens; (c) Consent of Surety to
Final Payment; and (d) Maintenance Guarantee.
9.2.2 The Contractor shall obtain and deliver promptly to the Designer any Occupancy Permit
and any certificates of final inspection of any part of the Contractor’s Work and operating
permits for any mechanical apparatus, such as elevators, escalators, boilers, and air compressors,
which may be required by law to permit full use and occupancy of the premises by the Owner.
Receipt of such permits or certificates by the Designer shall be a condition precedent to
determining that the Work is Substantially Complete.
9.2.3 Punch List. When the Contractor considers that the Work, or a portion thereof which the
Owner agrees to accept separately, is substantially complete, the Contractor shall prepare and
submit to the Designer a comprehensive list, organized by room and trade, of items to be
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completed or corrected prior to final payment. Failure to include an item on such list does not
alter the responsibility of the Contractor to complete all Work in accordance with the Contract
Documents. The punch list is to be complied with and in a process of active completion at the
time of Substantial Completion, prior to the de-mobilization of major subcontractors.
9.2.3.1 Upon receipt of the Contractor’s list, the Designer, Owner’s Project Manager, and Owner
will make an inspection to determine whether the Work or designated portion thereof is
substantially complete. If the Designer’s inspection discloses any item, whether or not included
on the Contractor’s list, which is not sufficiently complete in accordance with the Contract
Documents so that the Owner can occupy or utilize the Work or designated portion thereof for its
intended use, the Contractor shall, before issuance of the Certificate of Substantial Completion,
complete or correct such item upon notification by the Designer. In such case, the Contractor
shall then submit a request for another inspection by the Designer to determine Substantial
Completion.
9.2.4 When the Work or designated portion thereof is substantially complete (in accordance
with this Section 9.2), the Owner, with the advice and recommendation of the Designer, will
determine the date of Substantial Completion, and the Designer will prepare a Certificate of
Substantial Completion reflecting such date of Substantial Completion that shall establish the
responsibilities of the Owner and Contractor for security, maintenance, heat, utilities, damage to
the Work and insurance, and shall fix the time within which the Contractor shall finish all items
on the list accompanying the Certificate.
9.2.4.1 The Certificate of Substantial Completion shall be submitted to the Owner and Contractor
for their written acceptance of responsibilities assigned to them in such Certificate. Upon such
acceptance and consent of surety, if any, the Owner shall make payment of retainage applying to
such Work or designated portion thereof. Such payment shall be adjusted for Work that is
incomplete or not in accordance with the requirements of the Contract Documents.
9.3 Partial Occupancy or Use. The Owner may occupy or use any completed or partially
completed portion of the Work at any stage when such portion is designated by separate
agreement with the Contractor. Such partial occupancy or use may commence whether or not the
portion is substantially complete, provided the Owner and Contractor have accepted in writing
the responsibilities assigned to each of them for payments, retainage, if any, security,
maintenance, heat, utilities, damage to the Work and insurance, and have agreed in writing
concerning the period for correction of the Work and commencement of warranties required by
the Contract Documents. When the Contractor considers a portion substantially complete, the
Contractor shall prepare and submit a list to the Designer as provided under Section 9.2. Consent
of the Contractor to partial occupancy or use shall not be unreasonably withheld. The stage of the
progress of the Work shall be determined by written agreement between the Owner and
Contractor or, if no agreement is reached, by decision of the Designer.
9.3.1 Immediately prior to such partial occupancy or use, the Owner, Contractor and Designer
shall jointly inspect the area to be occupied or portion of the Work to be used in order to
determine and record the condition of the Work.
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9.3.2 Unless otherwise agreed upon, partial occupancy or use of a portion or portions of the
Work shall not constitute acceptance of Work not complying with the requirements of the
Contract Documents.
9.4 Final Completion and Payment. Upon receipt of the Contractor’s written notice that the
Work is ready for final inspection and acceptance and upon receipt of a final Application for
Payment, the Designer, Owner’s Project Manager, and Owner will promptly make such
inspection and, when the Owner, after consultation with the Designer, finds the Work acceptable
under the Contract Documents and the Contract fully performed, will request the Designer to
promptly issue a final Recommendation for Payment stating that to the best of the Designer’s
knowledge, information and belief, and on the basis of the Designer’s on-site visits and
inspections, the Work has been completed in accordance with terms and conditions of the
Contract Documents, and that the entire balance found to be due the Contractor and noted in the
final Certificate is due and payable.
9.4.1 Contractor shall submit, prior to requesting final inspection, written certification that: (a)
Work has been completed in accordance with Contract Documents; and (b) Project has been
inspected for compliance with Contract Documents. If the Designer or Owner does not consider
the work finally complete, the Contractor will be notified, in writing, with the reasons stated. The
Contractor will take immediate steps to correct the stated deficiencies and then submit a second
written certification to the Designer, Owner and Owner’s Project Manager.
9.4.2 Warranties required by the Contract Documents shall commence on the date of Final
Completion of the Work or designated portion thereof unless otherwise provided in the
Certificate of Substantial Completion.
9.4.3 Reinspection Costs. Should the Designer be required to reinspect the work because of
failure of the Contractor to comply with the certification listed in 9.4.1, the Designer will bill the
Owner for all related cost incurred, such cost will be deducted from the Contractor’s payment.
9.4.4 Neither final payment nor any remaining retained percentage shall become due until the
Contractor submits to the Designer (1) an affidavit that payrolls, bills for materials and
equipment, and other indebtedness connected with the Work for which the Owner or the
Owner’s property might be responsible or encumbered (less amounts withheld by Owner) have
been paid or otherwise satisfied, (2) a certificate evidencing that insurance required by the
Contract Documents to remain in force after final payment is currently in effect and will not be
canceled or allowed to expire until at least 30 days’ prior written notice has been given to the
Owner, (3) a written statement that the Contractor knows of no substantial reason that the
insurance will not be renewable to cover the period required by the Contract Documents, (4)
consent of surety, if any, to final payment and (5), if required by the Owner, other data
establishing payment or satisfaction of obligations, such as receipts, releases and waivers of
liens, claims, security interests or encumbrances arising out of the Contract, to the extent and in
such form as may be designated by the Owner. If a Subcontractor refuses to furnish a release or
waiver required by the Owner, the Contractor may furnish a bond satisfactory to the Owner to
indemnify the Owner against such lien.
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9.4.5 Acceptance of final payment by the Contractor, a Subcontractor or material supplier shall
constitute a waiver of claims by that payee.
9.4.6 One-Year Warranty Repair List and Inspection. Approximately thirty (30) days prior to
the expiration of the comprehensive one-year warranty period, the Contractor shall schedule an
appointment with the Owner for a re-inspection of the Work with the Owner, and shall thereafter
inspect the work at the time scheduled. Based on this inspection and on prior inspections, the
Owner shall issue a “Warranty Repair List” of items to be corrected by the Contractor. The
Contractor shall make the repairs and/or replacements listed within thirty (30) days of the
issuance of the Warranty Repair List unless otherwise agreed by the Owner in writing.
ARTICLE 10: CHANGES IN THE WORK
10.1 Upon the request of the Owner or the Designer, the Contractor shall, within 15 days
(sooner if necessary to avoid delays in work) and without cost to the Owner, submit to the
Designer, in such form as the Designer may require, an accurate written Change Order Proposal
for the cost of any proposed extra work or change. The estimate shall indicate the quantity in unit
cost of each item of materials, and the numbers of hours of work and an hourly rate for each
class of labor, as well as the description in amounts of all other costs sought by the Contractor
and chargeable under the terms of this article. Unit labor costs for the installation of each item of
materials shall be shown if required by the Designer. The Contractor shall promptly revise and
resubmit such estimate if the Designer determines that it is not in compliance with the
requirements of this article, or that it contains errors of fact or determines that it is not in
compliance with the requirements of this article, or that it contains errors of fact or mathematical
errors. If required by the Designer in order to establish the exact cost of the new work added or
of previously required work omitted, the Contractor shall obtain and furnish to the Designer bona
fide proposals from subcontractors and suppliers for furnishing any labor and material included
in such work. Such estimates shall be furnished promptly so as to occasion no delay in the work
and be furnished at the Contractor’s expense. The Contractor shall state in the estimate any
extension of time required for the completion of the work if the change or extra work is ordered.
Percentages for overhead and profit included in the proposal shall be in accordance with
Paragraph 10.2.
10.1.2 Change Order Proposals shall be complete and definitive, and the amount of the
adjustment in the Contract Sum and the Contract Time, if any, shall be stated in the proposal for
all Work affected by the proposed Change. Once a Change Order is executed, the Contractor
shall be required to perform all of the Work required therein (including incidental work and
changes to related Work which may be required to complete the Change Order) in accordance
with the Contract Documents, for the amounts stated in the Change Order.
10.1.3 Contractor’s requests for changes or substitutions shall be subject to the same
requirements as change initiated by the Designer or Owner.
10.2 Where the value of work performed directly by the Contractor under a Change Order or a
Construction Change Directive is determined by either a lump sum proposal or by actual cost of
work as it progresses, the Contractor will be allowed an additional amount of five percent (5%)
of the total cost of material and labor, as combined overhead, superintendence, and profit. Cost
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of the work shall include the cost at prevailing rates for direct labor, material and use of
equipment, plus the cost of workmen’s compensation insurance, liability insurance, federal social
security and Massachusetts unemployment compensation. Mark-up for overhead,
superintendence, and profit shall include (and no additional payment shall be made for) general
conditions, management, supervision, coordination, insurance, bonds, mobilization, record
drawings, engineering/layout, small tools/computers, “tools of the trade,” transit
staging/scaffolding, lifting, hoisting, dumpster, handling, clean-up, temporary weather
protection, temporary heat and utilities, shipping/receiving, administration, accounting, punch
list, O & M manuals, estimator time, schedule updating, safety protection, certified payrolls,
street sweeping, police barricades, signs, construction fences, and the like. Surcharges for
subcontracted work, where required or permitted, shall be as follows: (a) To the Subcontractor or
Sub-subcontractor performing the work, five percent (5%) of the total cost of labor and
materials; (b) To payments made to a Sub-subcontractor, the Subcontractor will be allowed an
additional five percent (5%); (c) To the total payment made to the Subcontractor, the Contractor
will be allowed an additional five percent (5%) to cover increased overhead and profit; (d) On
any changes involving the Contractor, application of the percentage allowed for the Contractor’s
overhead and profit; (e) No additional costs will be allowed of any lower tier of Subcontractors.
10.2.1 If deductions are ordered, the credit shall be computed as net cost.
10.2.2 The General Contractor shall not sublet any work under a Change Order or a
Construction Change Directive unless work under the basic Contract of a similar type was
previously subcontracted; and Subcontractors will not be allowed to further sublet any work
under a Change Order unless the work under the basic Contract of a similar type was previously
sublet by them, without the written approval and acceptance of the Owner.
10.2.3 All changes in the Work shall be in accordance with provisions of the M.G.L. c. 30, §
39I.
10.3 The Contractor agrees to perform all Work as directed by the Owner, and if the Owner or
the Owner’s Project Manager determines that certain Work that the Contractor believes to be or to
warrant a Change Order under this Article does not represent a change in the Work, the Contractor
shall perform said Work. The Contractor shall be deemed to have concurred with the Owner’s or
Owner’s Project Manager’s determination as aforesaid unless the Contractor shall perform Work
under protest in compliance with the following subsections 10.3.1 and 10.3.2, below.
10.3.1 If the Contractor claims compensation for a change in the Work that is not deemed by the
Owner or Owner’s Project Manager to be a change or to warrant additional compensation as
claimed by the Contractor, the Contractor shall on or before the first working day following the
commencement of any such work or the sustaining of any such damage submit to the Designer, the
Owner and the Owner’s Project Manager a written statement of the nature of such work or claim.
The Contractor shall not be entitled to additional compensation for any work performed or damage
sustained for which written notice is not given within the time limit specified in the preceding
sentence, even though similar in character to work or damage with respect to which notice is
timely given.
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10.3.2 On or before the second working day after the commencement of such work or the
sustaining of such damage, and daily thereafter, the Contractor shall file to the extent possible with
the Designer, the Owner and the Owner’s Project Manager, itemized statements on forms
reasonably acceptable to the Town of the details and costs of such work performed or damage
sustained. If the Contractor shall fail to make such statements to the extent possible, then the
Contractor shall not be entitled to additional compensation for any such work or damages
10.4 CHANGE ORDERS
10.4.1 A Change Order is a written instrument prepared by the Designer and signed by the
Owner, Contractor and Designer stating their agreement upon all of the following: (a) the change
in the Work; (b) the amount of the adjustment, if any, in the Contract Sum; and (c) the extent of
the adjustment, if any, in the Contract Time.
10.4.2 As provided in M.G.L., c. 30, § 39P, whenever the Town, awarding authority, engineer or
architect is requested to make a decision on interpretation of the specifications, approval of
equipment, material or any other approval, or progress of the work, he shall make that decision
promptly and, in any event, no later than thirty days after the written submission for decision.
However, if such decision requires extended investigation and study, the person making the
decision shall, within thirty days after receipt of the submission, give the party making the
decision written notice of the reasons why the decision cannot be made within the thirty day
period and the date by which the decision will be made.
10.4.3 A Change Order signed by the Contractor indicates the Contractor’s agreement therewith,
including any adjustment in the Contract Sum and Contract Time.
10.4.4 M.G.L. c. 44, Sec. 31 C provides that no change order that results in additional cost shall
be deemed to have been given until the accountant or other officer of the Town having similar
duties has certified thereon that an appropriation in the amount of such order is available
therefore; but such certificate shall not be construed as an admission by the Town of its liability
to pay for such work; rather, such certification shall bar any defense by the Town on the grounds
of insufficient appropriation.
10.5 CONSTRUCTION CHANGE DIRECTIVES
10.5.1 A Construction Change Directive is a written order prepared by the Designer or the
Owner and signed by the Owner and Designer, directing a change in the Work prior to
agreement on adjustment, if any, in the Contract Sum or Contract Time, or both. The Owner may
by Construction Change Directive, without invalidating the Contract, order changes in the Work
within the general scope of the Contract consisting of additions, deletions or other revisions, the
Contract Sum and Contract Time being adjusted accordingly.
10.5.2 A Construction Change Directive shall be used in the absence of total agreement on the
terms of a Change Order.
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10.5.3 If the Construction Change Directive provides for an adjustment to the Contract Sum, the
adjustment shall be based on one of the following methods: (a) mutual acceptance of a lump sum
properly itemized and supported by sufficient substantiating data to permit evaluation; (b) unit
prices stated in the Contract Documents or subsequently agreed upon; (c) cost to be determined
in a manner agreed upon by the parties and, if required or permitted, an additional amount or
surcharge as provided in Section 10.2; or (d) As provided in Section 10.7.
10.5.4 A Construction Change Directive signed by the Contractor indicates the Contractor’s
agreement therewith, including adjustment in Contract Sum and Contract Time or the method for
determining them. Such agreement shall be effective immediately and shall be recorded as a
Change Order.
10.6 Upon receipt of a Construction Change Directive, the Contractor shall promptly proceed
with the change in the Work involved and advise the Designer, Owner, and Owner’s Project
Manager of the Contractor’s agreement or disagreement with the method, if any, provided in the
Construction Change Directive for determining the proposed adjustment in the Contract Sum or
Contract Time.
10.7 If the Contractor does not respond promptly or disagrees with the method for adjustment
in the Contract Sum, the Owner, after obtaining the recommendation of the Designer shall
determine the method and the adjustment on the basis of reasonable expenditures and savings of
those performing the Work attributable to the change, including, in case of an increase in the
Contract Sum, an amount for combined overhead, superintendence and profit as set forth in
Section 10.2. In such case, and also under Section 10.5.3(d), the Contractor shall keep and
present, in such form as the Designer may prescribe, an itemized accounting together with
appropriate supporting data. Unless otherwise provided in the Contract Documents, costs for the
purposes of this Section 10.7 shall be limited to the following: (a) costs of labor, including social
security, old age and unemployment insurance, fringe benefits required by agreement or custom,
and workers’ compensation insurance; (b) costs of materials, supplies and equipment, including
cost of transportation, whether incorporated or consumed; and (c) rental costs of machinery and
equipment, exclusive of hand tools, whether rented from the Contractor or others.
10.8 The amount of credit to be allowed by the Contractor to the Owner for a deletion or
change that results in a net decrease in the Contract Sum shall be actual net cost as confirmed by
the Designer and agreed by the Owner. When both additions and credits covering related Work
or substitutions are involved in a change, the allowance for overhead and profit shall be figured
on the basis of net increase, if any, with respect to that change
10.9 Pending final determination of the total cost of a Construction Change Directive to the
Owner, the Contractor may request payment for Work completed under the Construction Change
Directive in Applications for Payment. The Designer will make an interim determination for
purposes of monthly certification for payment for those costs and certify for payment the amount
that the Designer determines, in the Designer’s professional judgment, to be reasonably justified.
The Designer’s interim determination of cost shall adjust the Contract Sum on the same basis as
a Change Order, subject to the right of either party to disagree and assert a Claim in accordance
with this Contract Agreement.
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10.10 When the Owner and Contractor agree with a determination made by the Designer
concerning the adjustments in the Contract Sum and Contract Time, or otherwise reach
agreement upon the adjustments, such agreement shall be effective immediately and the
Designer will prepare a Change Order. Change Orders may be issued for all or any part of a
Construction Change Directive.
10.11 Minor Changes in Work. The Designer has authority to order minor changes in the Work
not involving adjustment in the Contract Sum or extension of the Contract Time and not
inconsistent with the intent of the Contract Documents. Such changes will be effected by written
order signed by the Designer and shall be binding on the Owner and Contractor.
ARTICLE 11: NONPERFORMANCE
11.1 In the case of any default on the part of the Contractor with respect to any of the terms of
this Agreement, the Town shall give written notice thereof, and if said default is not made good
within such time as the Town shall specify in writing, the Town shall notify the Contractor in
writing that there has been a breach of the Agreement and thereafter the Town shall have the
right to secure the completion of the work remaining to be done on such terms and in such
manner as the Town shall determine, and the Contractor shall pay for the completion of such
work and reimburse the Town for all expenses incurred by reason of said breach. The Contractor
in case of such breach shall be entitled to receive payment only for work completed satisfactorily
prior to said breach, so long as the total paid hereunder does not exceed the Contract sum, and
the amount of any balance due the Contractor shall be determined by the Town and certified to
the Contractor. The Contractor shall reimburse the Town for the cost of additional services
required by the Town in the case of a breach.
11.2 If the Contractor defaults or neglects to carry out the Work in accordance with the
Contract Documents and fails within a ten-day period after receipt of written notice from the
Owner to immediately correct such default or neglect with diligence and promptness, the Owner
may, without prejudice to other remedies the Owner may have (including Termination in
accordance with the Contract Documents), correct such deficiencies. In such case an appropriate
Construction Change Directive shall be issued deducting from payments then or thereafter due
the Contractor the reasonable cost of correcting such deficiencies, including Owner’s expenses
and compensation for the Project Manager’s and Designer’s additional services made necessary
by such default, neglect or failure. If payments then or thereafter due the Contractor are not
sufficient to cover such amounts, the Contractor shall pay the difference to the Owner. In the
event that the Contractor’s failure to prosecute the Work causes (in the opinion of the Owner), a
risk of harm to the public, the Owner shall have the right to carry out the Work without notice at
the Contractor’s cost and/or deduct such sums from monies due the Contractor.
11.3 If the Contractor fails to correct Work that is not in accordance with the requirements of
the Contract Documents as required herein or fails to carry out Work in accordance with the
Contract Documents, the Owner may in addition to any other remedy it may have herein,
terminate in accordance with this Agreement or issue a written order to the Contractor to stop the
Work, or any portion thereof, until the cause for such order has been eliminated; however, the
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right of the Owner to stop the Work shall not give rise to a duty on the part of the Owner to
exercise this right for the benefit of the Contractor or any other person or entity.
ARTICLE 12: TERMINATION
12.1 The Owner may, at any time, terminate the Contract for the Owner’s convenience and
without cause. Further, 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 consistently or repeatedly refuses or
fails, excepting cases of which extension of time is appropriated, to supply enough properly
skilled workmen or proper materials, or if the Contractor fails to make prompt payment to the
Subcontractors of for materials or labor, or persistently disregards law, ordinances, rules,
regulations, or orders of any public authority having jurisdiction or disregards an instruction,
order or decision of the Designer, 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 material intended for the work,
wherever stored, and seven days after such notice may terminate the employment of the contract,
accept assignment of any or all Subcontractor’s contracts, and furnish the work by whatever
method the Owner may deem expedient. The Owner shall be entitled to collect from the
Contractor all direct, indirect, consequential damages suffered by the Owner of behalf of the
Contractor’s defaults, including without limitations additional services and expenses of the
Designer, the Designer’s consultants, and/or the Owner’s Project Manager made necessary
thereby. The Owner shall be entitled to hold all amounts due to Contractor at the date of
termination until all of the Owner’s damages have been established, and to apply such amounts
to such damages.
12.1.2 The Owner shall incur no liability by reason of such termination.
12.2 Upon receipt of written notice from the Owner of termination for the Owner’s
convenience, the Contractor shall: (a) cease operations as directed by the Owner in the notice; (b)
take actions necessary, or that the Owner may direct, for the protection and preservation of the
Work; and (c) except for Work directed to be performed prior to the effective date of termination
stated in the notice, terminate all existing subcontracts and purchase orders and enter into no
further subcontracts and purchase orders.
12.3 In case of termination for the Owner’s convenience, the Contractor shall be entitled to
receive payment only for work executed and to the extent approved and to the extent
recommended by the Designer and approved by the Owner. Contractor waives all claims for
damages, including loss of anticipated overhead recovery or profits, on account of such
termination. The payments provided for herein shall be Contractor’s sole rights and remedy in
the event of termination for convenience or for cause. Provisions of the Contract Documents that
by their nature survive final acceptance of the Work shall remain in full force and effect after
such termination to the extent therein provided.
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12.4 The Contractor shall not be relieved of liability to the Owner by virtue of any termination
of this Contract, and any claim for damages against the Contractor relating to the Contractor’s
performance under this Contract shall survive any termination hereunder.
ARTICLE 13: SUBCONTRACTING
13.1 Unless otherwise stated in the Contract Documents or the bidding requirements, the
Contractor, as soon as practicable after award of the Contract, shall furnish in writing to the
Owner and the Designer through the Owner’s Project Manager the names of persons or entities
(including those who are to furnish materials or equipment fabricated to a special design)
proposed for each principal portion of the Work. The Designer may reply within 14 days to the
Contractor in writing stating (1) whether the Owner, Owner’s Project Manager, or the Designer
has reasonable objection to any such proposed person or entity or (2) that the Designer requires
additional time for review. Failure of the Owner, Owner’s Project Manager, or Designer to reply
within the 14-day period shall constitute notice of no reasonable objection.
13.2 The Contractor shall not contract with a proposed person or entity to whom the Owner,
Owner’s Project Manager, or Designer has made reasonable and timely objection. The
Contractor shall not be required to contract with anyone to whom the Contractor has made
reasonable objection.
13.3 If the Owner, Owner’s Project Manager, or Designer has reasonable objection to a person
or entity proposed by the Contractor, the Contractor shall propose another to whom the Owner or
Designer has no reasonable objection. If the proposed but rejected Subcontractor was reasonably
capable of performing the Work, the Contract Sum and Contract Time shall be increased or
decreased by the difference, if any, occasioned by such change, and an appropriate Change Order
shall be issued before commencement of the substitute Subcontractor’s Work. However, no
increase in the Contract Sum or Contract Time shall be allowed for such change unless the
Contractor has acted promptly and responsively in submitting names as required.
13.4 The Contractor shall not substitute a Subcontractor, person or entity previously selected if
the Owner, Owner’s Project Manager, or Designer makes reasonable objection to such
substitution.
13.5 The provisions of Sections 12.1 through 12.4 shall not apply to the designated filed Sub-
Bidders under this Contract. Such Subcontracts shall be in accordance with Chapter 149,
Sections 44A through 44I inclusive of the General Laws of Massachusetts as amended.
13.6 The subcontract for Filed Sub-Bidders shall be the FORM FOR SUBCONTRACT
included in the Contract Documents or, if not published with these specifications, it shall be the
form and language established by Chapter 149 of the Massachusetts General Laws.
13.7 By appropriate agreement, written where legally required for validity, the Contractor
shall require each Subcontractor, to the extent of the Work to be performed by the Subcontractor,
to be bound to the Contractor by terms of the Contract Documents, and to assume toward the
Contractor all the obligations and responsibilities, including the responsibility for safety of the
Subcontractor’s Work, which the Contractor, by these Documents, assumes toward the Owner,
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Owner’s Project Manager, and Designer. Each subcontract agreement shall preserve and protect
the rights of the Owner, Owner’s Project Manager, and Designer under the Contract Documents
with respect to the Work to be performed by the Subcontractor so that subcontracting thereof
will not prejudice such rights, and shall allow to the Subcontractor, unless specifically provided
otherwise in the subcontract agreement, the benefit of all rights, remedies and redress against the
Contractor that the Contractor, by the Contract Documents, has against the Owner. Where
appropriate, the Contractor shall require each Subcontractor to enter into similar agreements with
Sub-subcontractors. The Contractor shall make available to each proposed Subcontractor, prior
to the execution of the subcontract agreement, copies of the Contract Documents to which the
Subcontractor will be bound, and, upon written request of the Subcontractor, identify to the
Subcontractor terms and conditions of the proposed subcontract agreement that may be at
variance with the Contract Documents. Subcontractors will similarly make copies of applicable
portions of such documents available to their respective proposed Sub-subcontractors.
13.7.1 Unless the Owner agrees otherwise, all Subcontracts shall be consistent with the form of
Subcontract approved in advance by the Owner. The Subcontract shall include the following
terms: (a) Work to be performed pursuant to the Subcontract shall be in accordance with the
Contract Documents; (b) as a condition for payment under the Subcontract, the Subcontractor
shall submit to the Contractor of a request for payment and partial waivers of lien within a time
frame which will allow the Contractor to request such payment from the Owner; (c) the
Subcontractor shall carry and maintain liability insurance in accordance with the Contract
Documents; and (d) the Subcontractor and its sub-subcontractors shall furnish final releases and
full waivers of mechanic’s liens in form satisfactory to Owner.
13.8 If any lien or encumbrance on account of the Work is filed by any Subcontractor or sub-
subcontractor of any tier, the Contractor shall (a) upon receiving notice of such filing,
immediately give notice thereof to the Owner, (b) if such lien is not the result of the Owner’s
failure to make payment to the Contractor hereunder, either discharge the lien of record by
bonding or otherwise or cause the responsible Subcontractor or supplier to discharge the lien by
bonding or otherwise in accordance with the terms of the applicable Subcontract, in either case
within ten (10) business days of the receipt of notice of the filing of such lien.
ARTICLE 14: CONSTRUCTION BY OWNER UNDER SEPARATE CONTRACTS
14.1 The Owner reserves the right to perform construction or operations related to the Project
with the Owner’s own forces, and to award separate contracts in connection with other portions
of the Project or other construction or operations on the site.
14.1.1 The Owner may award other contracts for additional work. The Contractor shall
cooperate fully with other contractors, afford other contractors reasonable opportunity for the
introduction and storage of their material and the execution of their work, and carefully fit its
own work to that of other contracts as may be directed by the Contracting Officer. The
Contractor shall not commit or permit any acts which will interfere with the performance of
work by any other contractor.
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14.1.2 If such separate Contractor sues or initiates an arbitration proceeding against the Owner
on account of any damage alleged to have been caused by the Contractor, the Owner shall notify
the Contractor, who shall defend such proceedings at the Owner’s expense, and if any judgment
or award against the Owner arises therefrom the Contractor shall pay or satisfy it and shall
reimburse the Owner for all attorney’s fees and court or arbitration costs which the Owner has
incurred.
14.1.3 The Owner reserves the right to access any part of the Project at any time to install other
Work, either with its own forces or with separate contractors hired by the Owner. Such access is
not to be construed as partial occupancy by the Owner. The Contractor shall permit the Owner to
place and install furniture, equipment and other acceptance of the Work or any portion thereof.
14.1.4 The Contractor shall afford the Owner and separate contractors reasonable opportunity
for introduction and storage of their materials and equipment and performance of their activities,
and shall connect and coordinate the Contractor’s construction and operations with theirs as
required by the Contract Documents.
14.2 If part of the Contractor’s Work depends for proper execution or results upon
construction or operations by the Owner or a separate contractor, the Contractor shall, prior to
proceeding with that portion of the Work, promptly report to the Designer apparent discrepancies
or defects in such other construction that would render it unsuitable for such proper execution
and results. Failure of the Contractor so to report shall constitute an acknowledgment that the
Owner’s or separate contractor’s completed or partially completed construction is fit and proper
to receive the Contractor’s Work, except as to defects not then reasonably discoverable.
14.3 The Contractor shall reimburse the Owner for costs the Owner incurs that are payable to
a separate contractor because of the Contractor’s delays, improperly timed activities or defective
construction.
14.4 The Contractor shall promptly remedy damage the Contractor causes to completed or
partially completed construction or to property of the Owner or separate contractors.
15.NOTICE
15.1 All notices required to be given under this Agreement shall be given in writing and shall
be effective upon receipt by hand delivery or certified mail to:
The Town of Reading:
The Contractor:
Matt Kraunelis
Town Manager
16 Lowell Street
Reading, MA 01867
Name Mark Gaboury
Title Vice President
Company Modulease Corporation
Address 212 Mt. Hope Street, North Attleboro, MA. 02760
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ARTICLE 16: INSURANCE AND WORKER'S COMPENSATION
16.1 The Contractor shall purchase and maintain insurance of the type and limits listed in this
Article with respect to the operations as well as the completed operations of this Contract. This
insurance shall be provided at the Contractor's expense and shall be in full force and eff ect for the
full term of the Contract or for such longer period as this Article requires.
16.1.1 All policies shall be written on an occurrence basis and be issued by companies lawfully
authorized to write that type of insurance under the laws of the Commonwealth with a financial
strength rating of A- or better as assigned by AM Best Company, or an equivalent rating assigned
by a similar rating agency acceptable to the Owner, or otherwise acceptable to the Owner.
16.1.2 The Contractor shall file a certificate of insurance one certified complete copy of all
policies and endorsements with the Owner prior to execution of this Contract Agreement. If the
Owner is damaged by the Contractor's failure to maintain such insurance and to comply with the
terms of this Article, then the Contractor shall be responsible for all costs and damages to the
Owner attributable thereto.
16.1.3 Termination, cancellation, or material modification of any insurance required by this
Contract, whether by the insurer or the insured, shall not be valid unless written notice thereof is
given to the Owner at least thirty days prior to the effective date thereof, which shall be expressed
in said notice.
16.1.4 The Contractor is responsible for the payment of any and all deductibles under all of the
insurance required below. The Awarding Authority shall not in any instance be responsible for the
payment of deductibles, self-insured retentions, or any portion thereof.
16.2 The Contractor shall obtain and maintain the following types of insurance in the amounts
provided below:
16.2.1 Commonwealth of Massachusetts Statutory Worker’s Compensation and other benefits
as required under the General Laws of Massachusetts: $500,000/$500,000/$500,000.
16.2.2 Broad form Commercial General Liability, written on a “per occurrence” basis with an
aggregate cap no less than three (3) times the required limit: $1,000,000 C.S.L.
Products/Completed Operations insurance shall be maintained for a minimum period of three (3)
years after final payment, and the Contractor shall continue to provide evidence of such coverage
to Owner on an annual basis during the aforementioned period. Property Damage Liability shall
include coverage for X-C-U hazard of explosion, collapse, and damage to underground property.
16.2.3 Umbrella or Excess Liability coverage following form of underlying General,
Automobile and Employers’ Liability Coverage: Minimum of $5,000,000 C.S.L. over primary
insurance. No more than $10,000 Retention.
16.2.4 Comprehensive Automobile Liability covering owned, non-owned, and hired or
borrowed vehicles: $1,000,000 C.S.L.
16.3 The above insurance policies shall also be subject to the following requirements:
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16.3.1 Whenever applicable, including, but not limited to Contractor’s Broad Form General
Liability Insurance, all insurance coverage shall be on an “occurrence basis” and not a “claims-
made basis”.
16.3.2 The Owner (including its officials, employees, agents and representatives) shall be named
as additional insured on Contractor’s General Liability, Automobile Liability and Umbrella or
Excess Liability Insurance Policies.
16.4 Neither the Owner’s nor the Owner’s Project Manager’s authority to review certificates
and policies of insurance, nor their decision to raise or not to raise any objections about those
certificates and policies, shall in any way give rise to any duty or responsibility on the part of the
Owner or the Owner’s Project Manager to exercise this authority for the benefit of the
Contractor, any Subcontractor, Sub-subcontractor, or Supplier, or any other party.
16.5 The Contractor’s liability insurance shall remain in effect until the end of the Correction
period as defined in the Contract Documents, and at all times after that when the Contractor may
be correcting, removing or replacing defective Work. The Completed Operations insurance shall
be maintained for three (3) years after Final Payment.
16.6 Insufficient insurance shall not release the Contractor from any liability for breach of its
obligations under this Agreement.
16.7 The Contractor shall be responsible for procuring at its sole cost property insurance
covering portions of the Work stored off the site or in transit.
ARTICLE 17: PERFORMANCE AND PAYMENT BONDS
17.1 In accordance with M.G.L. c. 149, § 44E, prior to execution of a contract pursuant to this
section, the Contractor shall furnish to the Town a payment bond and a performance bond of a
surety company qualified to issue bonds in the Commonwealth and satisfactory to the Town each
in the sum of the contract price. These bonds shall (a) guarantee the faithful performance by the
Contractor of all its obligations under this contract and (b) constitute the security required by
M.G.L. c. 149, § 29 and M.G.L. c. 30, § 39A, as amended, for payment by the Contractor or its
subcontractors used or employed in connection with the contract. Each bond shall incorporate by
reference the terms of this contract. These bonds shall remain in full force and effect for at least
one year after the project's completion, and longer if required to cover guarantees and/or pending
claims.
17.2 It is distinctly agreed and understood that any changes made in the drawings and
specifications for this work, whether such changes increase or decrease the amount of work
required, or any change in the manner or time of payments made by the Town to the Contractor,
shall in no way void, release or affect the liability and surety on the bond given by the Contractor
17.3 If the surety on any bond furnished by the Contractor is declared bankrupt or becomes
insolvent or its right to do business is terminated in Massachusetts, the Contractor shall within
twenty (20) days thereafter substitute another bond due until the new surety or sureties have
furnished an acceptable bond to the Owner.
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ARTICLE 18: MISCELLANEOUS PROVISIONS
17.1 Clerk’s Certificate (Corporation). If the Contractor is a corporation, it shall endorse upon
the contract (or attach hereto) its Clerk’s Certificate certifying the corporate capacity and
authority of the party signing this contract for the corporation. Such certificate shall be
accompanied by a letter or other instrument stating that such authority continues in full force and
effect as of the date the contract is executed by the Contractor.
18.2 Foreign Corporation. The Contractor, if a foreign corporation, shall comply M.G.L. c.
30, § 39L.
18.3 Municipal Prerequisites. This contract shall not be enforceable against the Town
unless and until the Contractor complies with this section. This contract is only binding upon,
and enforceable against the Town if: (a) the contract is signed by the Town of Reading or its
designee; and (b) endorsed with approval by the Town Accountant as to appropriation or
availability of funds.
18.4 Subject to Appropriation. The obligations of the Town hereunder shall be subject to
appropriation on a fiscal year basis. In the absence of appropriation, this agreement shall be
terminated immediately without liability of the Town for damages, lost profits, penalties, or other
charges arising from early termination.
18.5 CONFLICT OF INTEREST. Both the Town and the Contractor stipulate to the
applicability of the State Conflict of Interest Law (M.G.L. c. 268A), and this contract expressly
prohibits any activity which shall constitute a violation of that law. The Contractor shall be
deemed to have investigated its applicability to the performance of this contract; and by
executing the contract documents the Contractor certifies to the Town that neither it nor its
agents, employees or subcontractors are thereby in violation of M.G.L. c. 268A.
18.5.1 The Contractor warrants that it has complied with all provisions of law regarding the
award of this contract and that it, or its employees, agents, officers, directors or trustees have not
offered or attempted to offer anything of any value to any official or employee of the Town in
connection with this Contract.
18.5.2 The Contractor further warrants that no official or employee of the Town including
unpaid members of Town boards and commissions, serves as an officer, director, trustee or
employee of the Contractor, and that no official or employee of the Town has or will have a
direct or indirect financial interest in this Contract.
18.5.3 The Contractor shall not during the term of this Contract hire or employ on either a full-
time or part-time basis any person or persons employed by the Town.
18.5.4 Violation of this Article shall be a material breach of this contract and shall be grounds
for immediate termination of this contract by the Town without regard to any enforcement
activities undertaken or contemplated by any enforcement agency. Termination of this contract
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pursuant to this Article shall not waive any claims for damages the Town may have against the
Contractor resulting from the Contractor’s violation of the terms of this Article.
18.6 Assignment or Transfer of Contract. The Contractor shall not sell, transfer, assign by
power of attorney or otherwise, sublet, or otherwise dispose of the work or any part thereof,
without the previous written consent of the Town by its Contracting Officer. Nor shall the
Contractor either legally or equitably assign any of the moneys payable under this Contract or
any claim thereto unless by and with like written consent on the part of the Contracting Officer
and the Town Treasurer.
18.7 Record Keeping and Management Controls. The Contractor shall comply with M.G.L. c.
30, § 39R.
18.8 Non-Discrimination. The Contractor shall not discriminate on grounds of race, color,
religious creed, national origin, age or sex in employment practices, in the selection or retention
of sub-contractors, the procurement of material and rental of equipment, employment decisions
or in any aspect of the performance of this contract. The Contractor shall also comply with all
applicable laws and regulations pertaining to non-discrimination. In all solicitations either by
competitive bidding or negotiation made by the Contractor for work to be performed under a
subcontract, each potential subcontractor shall be notified by the Contractor of the Contractor’s
obligations under this contract relative to non-discrimination and it shall be a term of each
contract with a subcontractor in connection with the performance of this work under this
Agreement, that the subcontractor be bound to non-discrimination and equal opportunity
requirements equivalent to the obligations of the Contractor hereunder.
18.9 Reserve Police Officer. 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.
18.10 Severability. If any provision of this Contract is held invalid by any court or body of
competent jurisdiction, the remainder of this Contract shall remain in full force and effect.
18.11 Headings. The section headings in this Contract are for convenience and reference
only and in no way define or limit the scope or content of this contract or in any way affect its
provisions.
18.12 Liability of Public Officials. To the fullest extent permitted by law, no official,
employee, agent, or representative of the Town shall be individually or personally liable on any
obligation of the Town under this contract.
18.13 Independent Contractor. The Contractor is not an employee or agent of the Town,
but is an independent contractor.
18.13 Certification of Non-Debarment. By execution of this Contract, the Contractor,
pursuant to Section 29F of Chapter 29 of the Massachusetts General Laws, certifies under the
penalties of perjury that it is not presently debarred or suspended from doing public construction
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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.
18.14 Governing Law. This Agreement and performance hereunder are governed in all respects
by the laws of the Commonwealth of Massachusetts and all other applicable Town by-laws and
administrative rules, regulations and orders.
ARTICLE 19: WARRANTY
19.1 The Contractor warrants that the materials and equipment furnished under the contract
will be new and of recent manufacture and that all Work will be of good quality, free from faults
and defect, and in conformance with the Contract Documents. If required by the Designer, the
Contractor shall furnish satisfactory evidence as to the kind and quality of materials and
equipment.
19.1.1 Materials, supplies, or equipment to be incorporated into the Work shall not be purchased
by the Contractor subject to a chattel mortgage or under a conditional sale contract or other
agreement by which an interest is retained by the seller. All materials are to be of the best and
finest quality of their several kinds.
19.1.2 The Contractor guarantees and warrants to the Owner that all labor furnished under this
Contract will be competent to perform the tasks undertaken that the product of such labor will
yield only first-class results.
19.1.3 The Contractor shall be solely responsible for determining that all materials furnished for
the Work meet all of the requirements of the Contract Documents. The Designer or Owner may
require the Contractor to produce reasonable evidence that a material meets such requirements,
such as certified reports of past tests by qualified testing laboratories, reports of studies by
qualified experts, or other evidence which, in the opinion of the Designer, would lead to a
reasonable certainty that any material used or proposed to be used, and 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.
19.2 The warranties provided in this Section 18 shall be in addition to and not in limitation of
any warranty required by the Contract Documents or otherwise described by law.
19.3 The Contractor shall secure and deliver to the Designer, no later than the date claimed by
the Contractor as the date of final 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.
19.4 All warranties and guarantees shall commence on the date of Final Completion.
Warranties and guarantees shall extend for a minimum of one (1) year. Notwithstanding the
forgoing, any special warranties, as defined by the Designer, required by the Contract
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Documents or manufacturers’ standard warranties, extending longer than one (1) year, shall
remain in effect for the full warranty period.
19.5 All warranties and guarantees required in the various Sections of the Specifications which
originate with a Subcontractor or Manufacturer must be delivered to the Owner before final
payment to the Contractor may be made for the amount of that sub trade or for the phase of work
to which the guarantee or warranty relates. 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. The Contractor’s obligation to correct work is in
addition to, and not in substitution of, such guarantees or warranties as may be required in the
various Sections of the Specifications. 19.6 If, within any guarantee period, repairs or changes
are required in connection with guaranteed work, which in the opinion of the Owner is rendered
necessary as a result of the use of materials, equipment or workmanship which are inferior,
defective or not in accordance with the terms of the Contract, the Contractor shall, promptly
upon receipt of notice from the Owner and at his own expense: (a) place in satisfactory condition
in every particular all of such guaranteed work, correct all defect therein; (b)repair all damage to
the site, or equipment or contents thereof, which in the opinion of the Owner is the result of the
use of materials, equipment or workmanship which are inferior, defective, or not in accordance
with the terms of the Contract; and (c) repair good any work or material, or the equipment or site,
which is disturbed in fulfilling any such guarantee.
19.7 The Contractor’s obligations contained in this Section 18 shall survive termination of the
Contract.
ARTICLE 20: PROTECTION OF WORKS AND PROPERTY
20.1 The Contractor shall at all times safely guard the Owner’s property from injury or loss in
connection with this Contract. The Contractor shall at all times safely guard, and protect his own
work, and that of adjacent property from damage. All passageways, guard fences, lights and
other facilities required for protection by State or Municipal laws and regulations and local
conditions, must be provided and maintained.
ARTICLE 21: WEATHER PROTECTION
21.1 As required by M.G.L. c. 149, § 44F, the Contractor shall provide weather protection to
the site, materials and all of the Owner’s property during the winter months.
ARTICLE 22: OWNERSHIP OF DOCUMENTS
22.1 Upon completion of the final payment to the Contractor, the Owner shall be the owner of
all plans, specifications, electronic data and computations created by the Contractor that relate to
this Agreement.
Contractor
____________________________ By_______________________________
Social Security Number or Federal Corporation Officer or Authorized
Identification Number Representative
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Mark Gaboury800282545
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In WITNESS WHEREOF the parties have here to set have executed THREE (3) copies of this
agreement that day and year first written above.
Contractor:
______________________________________________________________________________
By* _____________________________________________ ___________________________
(Name) (Title)
OWNER:
_________________________________________________
(Matt Kraunelis, Town Manager)
* My signature above certifies that I am duly authorized, or that I have attached a signed
Certificate of Vote from my Board of Directors giving me authority to sign this contract.
This is to certify that the funds have been appropriated or otherwise reserved by the Town for the
purposes set forth in the Contract herein.
A/C#:
__________________________________________________ _____________________
Town Accountant Date
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VP - OwnerMark Gaboury
50168582-582022
6/16/2025
06/17/2025Assistant Town Manager
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CERTIFICATE OF AUTHORITY - CORPORATION
At a duly authorized meeting of the Board of Directors of the ________________________________________
(Name of Corporation)
held on ___________________________ at which all the Directors were present or waived notice, it was voted
(Date)
that ______________________________________________________________________________________
(Name) (Officer/Title)
of this company be and he hereby is authorized to execute contracts and bonds in the name and behalf of said
company, and affix its Corporate Seal thereto, and such execution of any contract of obligation in this
company’s name on its behalf of such ______________________________________________________ under
(Officer)
seal of the company, shall be valid and binding upon this company.
A TRUE COPY, ATTEST: _________________________________________________
(Signature/Title)
Place of Business: ________________________________________________________
__________________________________ _____________________________________
I hereby certify that I am the __________________________ of the ___________________________________
(Title) (Name of Corporation)
that _______________________________________________ is duly elected __________________________
(Officer, Name) (Title)
of said company, and the above vote has not been amended or rescinded and remains in full force and effect as
of the date of this contract.
____________________________________________ ____________________________________________
Full Legal Name of Business Telephone Number
____________________________________________ ____________________________________________
State of Incorporation* Principal Place of Business
____________________________________________ ____________________________________________
Qualified in Massachusetts Place of Business in Massachusetts
____________________________________________
Signature
*If state of incorporation is Massachusetts, insert MASSACHUSETTS on State of Incorporation line and
disregard other parts of the form.
---------------------------------------------------------------------------------------------------------------------
(Affix Corporate Seal)
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48 | P a g e
WEEKLY PAYROLL RECORDS REPORT & STATEMENT OF COMPLIANCE
In accordance with M.G.L. c. 149, §27B, a true and accurate record must be kept of all persons
employed on the public works project for which the enclosed rates have been provided. A Payroll Form is
available from the Department of Labor Standards (DLS) at www.mass.gov/dols/pw and includes all the
information required to be kept by law. Every contractor or subcontractor is required to keep these records and
preserve them for a period of three years from the date of completion of the contract.
On a weekly basis, every contractor and subcontractor is required to submit a certified copy of their
weekly payroll records to the awarding authority; this includes the payroll forms and the Statement of
Compliance form. The certified payroll records must be submitted either by regular mail or by e-mail to the
awarding authority. Once collected, the awarding authority is required to preserve those records for three years
from the date of completion of the project.
Each such contractor and subcontractor shall furnish weekly and within 15 days after completion of its
portion of the work, to the awarding authority directly by first-class mail or e-mail, a statement, executed by the
contractor, subcontractor or by any authorized officer thereof who supervised the payment of wages, this form,
accompanied by their payroll:
STATEMENT OF COMPLIANCE
_______________, 20_______
I,________________________________________________,___________________________________
(Name of signatory party) (Title)
do hereby state: That I pay or supervise the payment of the persons employed by
___________________________________________ on the _________________________________________
(Contractor, subcontractor or public body) (Building or project)
and that all mechanics and apprentices, teamsters, chauffeurs and laborers employed on said project have been
paid in accordance with wages determined under the provisions of sections twenty-six and twenty-seven of
chapter one hundred and forty nine of the General Laws.
Signature ____________________________________________________ Title _________________________
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THE COMMONWEALTH OF MASSACHUSETTS
EXECUTIVE OFFICE OF PUBLIC SAFETY AND SECURITY
Department of Criminal Justice Information Services
200 Arlington Street, Suite 2200, Chelsea, MA 02150
TEL: 617-660-4640 | TTY: 617-660-4606
MASS.GOV/CJIS
Criminal Offender Record Information (CORI) Personal Request Form
If you have a valid Massachusetts I.D. or driver’s license, you may submit your CORI request online at Mass.gov/CJIS.
This form is only to be used to request your own personal CORI information. In Massachusetts, it is illegal for an
employer or any other entity to require someone to provide a copy of his/her personal CORI.
A money order or bank issued Cashier’s or Treasurer’s check in the amount of $25.00 made out to the Commonwealth
of Massachusetts must be submitted with this form. Please note that these are the only acceptable forms of payment.
Do not send cash, personal checks, or business checks. This form, along with payment or indigency waiver, must be
mailed to the address above, Attn: CORI Unit.
REQUEST INFORMATION
*Are you submitting an indigency waiver? ☐ Yes ☐ No
Please note: You will need to submit an indigency waiver if you are indigent. The indigency waiver form can be found
at https://www.mass.gov/files/documents/2017/09/19/affidavit-of-indigency_0.pdf
Requestor Details
Please type or print clearly. Items marked with an asterisk (*) MUST be completed.
*First Name: _______________________________________________________ Middle Initial: _________________
*Last Name: _______________________________________________________ Suffix (Jr., Sr., etc): _____________
*Date of Birth (MM/DD/YYYY): ______________ Probation Central File (PCF) Number(s) (if known): ________________
*Last SIX digits of your Social Security Number: ___ ___ ‐‐ ___ ___ ___ ___ ☐ I do not have a Social Security Number
Father’s First Name: ____________________________ Father’s Last Name: __________________________________
Mother’s First Name: ___________________________ Mother’s Last Name: _________________________________
☐Please check this box if you would ALSO like to request your personal CORI with your former last name(s):
Former Last Name 1: _______________________________________________________________________________
Former Last Name 2: _______________________________________________________________________________
Former Last Name 3: _______________________________________________________________________________
Former Last Name 4: _______________________________________________________________________________
Mailing Address
*Street Address:____________________________________________________________________________________
Apt. # or Suite: ______________ *City: __________________________ *State: ________ *Zip: _______________
Personal Phone Number: ____________________________________________________________________________
Email Address: ____________________________________________________________________________________
***PLEASE NOTE: If you are requesting your CORI for immigration purposes, and you have additional paperwork
regarding the names requested, please attach a copy of the paperwork to this form.***
This will be required
once a Bidder is
under Contract.
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THE COMMONWEALTH OF MASSACHUSETTS
EXECUTIVE OFFICE OF PUBLIC SAFETY AND SECURITY
Department of Criminal Justice Information Services
200 Arlington Street, Suite 2200, Chelsea, MA 02150
TEL: 617-660-4640 | TTY: 617-660-4606
MASS.GOV/CJIS
Personal CORI Request Authorization
I hereby swear, under penalties of perjury, that the information I have provided above is true to the best of my
knowledge and belief.
___________________________________________________________________ ____________________________
Signature of Individual Authorizing CORI Request Date
Authentication of Signature
Please note that ALL fields in this section must be completed by the Notary Public. This section does not need to be
completed if you are currently incarcerated; please proceed to the next section.
On this ______ day of ___________, 20____, before me, the undersigned Notary Public, personally appeared
_______________________ (name of CORI requestor) and proved to me through satisfactory evidence of identification,
which was ______________________ (Ex: Driver’s license, passport, etc.), to be the person whose name is signed on the
preceding or attached document, and acknowledged to me that (he)(she) signed it voluntarily for its stated purpose.
_____________________________________________________ _________________________________
Signature of Notary Public (Notary stamp or seal is also required) Date my Commission expires
Correctional Facility Information
If you are currently incarcerated, a correctional facility official MUST complete the following section.
_____________________________________________________ _________________________________
Name and rank of Correctional Facility Official (Please print.) Phone Number
__________________________________________________________________________________________________
Address of Correctional Facility
_____________________________________________________ _________________________________
Signature of Correctional Facility Official Date
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Terms and Conditions
By submitting a request for CORI using this form, the Requestor agrees to be bound by these terms and
conditions and any and all other guidelines, disclaimers, rules, and privacy statements within this agreement,
collectively referred to as "Terms and Conditions." All Terms and Conditions contained herein apply only to
obtaining information from the DCJIS.
1.As referenced in these terms and conditions, the terms below shall have the following meanings:
a.CRA: Consumer Reporting Agency
b.CRRB: The Criminal Record Review Board
c.CORI: Criminal Offender Record Information
d.DCJIS: The Massachusetts Department of Criminal Justice Information Services
e.iCORI service: The internet-based service used to request and obtain CORI and self audits.
f.Requestor: A registered user of the iCORI service and any additional authorized users for the
requestor's account. Requestor, as used in these terms, also includes Consumer Reporting
Agency requestors. Requestor, as used in these terms, also includes any individual who requests
or obtains CORI or a self-audit report from DCJIS using a paper form.
2.Obtaining CORI from DCJIS by using this form is subject to Massachusetts General Law and to Federal
law, including, but not limited to, M.G.L. c.6, §§ 167-178B (the CORI Law), M.G.L. c. 66, § 10 (the
Public Records Law), M.G.L. c. 266, § 120F (Unauthorized use of a computer), and any current or
future laws applicable to the use of computer systems or personal information. The penalties for
violations of these laws include both civil and criminal penalties.
3.A requestor may only request the level of CORI access authorized by statute or the DCJIS for the type
of request being submitted. A requestor who submits a CORI request using an access level higher than
that authorized for the type of request being submitted will be in violation of the CORI law and DCJIS
regulations and may be subject to both civil and criminal penalties.
4.An individual or entity who knowingly requests, obtains, or attempts to obtain CORI or a self-audit from
the DCJIS under false pretenses, or who knowingly communicates, or attempts to communicate, CORI
to any individual or entity except in accordance with the CORI law and DCJIS regulations, or who
knowingly falsifies CORI or any records relating thereto, or who requests or requires a person to provide
a copy of his or her CORI except as authorized pursuant to M.G.L. c. 6, § 172, shall, for each offense, be
punished by imprisonment in a jail or house of correction for not more than one year or by a fine of not
more than $5,000.00. In the case of an entity that is not a natural person, the amount of the fine may not
be more than $50,000.00. In the case of such a violation involving juvenile delinquency records, an
individual or entity shall, for each offense, be punished by imprisonment in a jail or house of correction
for not more than one year or by a fine of not more than $7,500.00. In the case of an entity that is not a
natural person, the amount of the fine may not be more than $75,000.00.
5.Neither the DCJIS nor the CRRB shall be liable in any civil or criminal action due to any CORI or self-
audit report that is disseminated by the DCJIS or the CRRB, including any information that is false,
inaccurate, or incorrect, because it was erroneously entered by the court or the Office of the
Commissioner of Probation.
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6.CORI results are based on an exact match of the information provided by the requestor to information as
it appears in the CORI database. Requestors are responsible for providing accurate information for the
subject requested. In addition, it is the requestor's responsibility to compare the CORI or self-audit
results received from the iCORI service to the subject's personal identifying information to ensure that
the results match this information. The DCJIS is not liable for any errors or omissions in the CORI
results based on a requestor's submission of inaccurate, incorrect, or incomplete subject information.
Furthermore, NO REFUNDS of CORI fees will be provided because of data entry errors or other errors
or omissions made by the requestor.
7.Each requestor who submits 5 or more background checks annually must have a written CORI policy.
Each requestor is responsible for adopting its own CORI policy. The DCJIS publishes a model CORI
policy on its website that may be adopted for use by requestors. If this requirement applies to a
requestor, the requestor agrees that at the time of submission of any CORI request, it has adopted a
CORI policy.
8.The requestor agrees that he/she has reviewed and understands all training materials regarding the CORI
process and CORI requirements available from the DCJIS. Requestors are solely responsible for
reviewing and understanding the training materials provided by the DCJIS.
9.Requestors who seek to receive the standard or required level of access to CORI for employment,
housing, licensing, or volunteer purposes must ensure that the following are completed prior to
submitting a CORI request:
a.Completion of a CORI Acknowledgement Form for each subject to be checked;
b.Verification of the identity of the subject using an acceptable for of government issue
identification;
c.Obtaining the subject's signature on the CORI Acknowledgement Form;
d.Signing and dating the CORI Acknowledgement Form certifying that the subject was properly
identified; and
e.Confirming that the requestor is in compliance with all applicable laws and regulations.
10.All requestors, including those that request CORI through a CRA, must comply with 803 C.M.R. 2.00
and, if applicable, 803 C.M.R. 5.00. In addition, CRAs are also responsible for ensuring compliance
with the Fair Credit Reporting Act and with DCJIS regulation 803 CMR 11.00.
11.A requestor that uses CORI to commit a crime against, or to harass, another individual is subject to the
criminal penalties set forth in M.G.L. c. 6, §178 ½, including imprisonment in a jail or house of
correction for not more than one year and a fine of not more than $5,000.00. The DCJIS and the CRRB
disclaim any liability for the improper use or dissemination of information obtained through the iCORI
service.
12.Requestors are subject to audit at any time by the DCJIS and may be asked to produce documentation to
demonstrate compliance with these provisions and with DCJIS regulations (803 CMR 2.00-11.00 et
seq.).
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13.No information obtained from the iCORI service or from DCJIS personnel regarding use of the iCORI
service shall be construed as legal advice.
14.The DCJIS reserves the right to alter, amend, or discontinue any feature of the iCORI service or the
conditions of its use at any time. Any such changes will be announced on the iCORI service and/or the
DCJIS website in advance. The user is subject to the terms of use in effect at the time of his/her
agreement. The DCJIS and the CRRB shall not be liable for any damages associated with use of this
site.
15.These Terms and Conditions are governed by, and construed in accordance with, the laws of the
Commonwealth of Massachusetts and the laws of the United States, without giving effect to any
principles of conflicts of law. If any provision of these Terms and Conditions is determined to be
unlawful, void, or for any reason unenforceable, then that provision shall be considered void. The
remaining provisions shall remain valid and enforceable.
16.By submitting a request for CORI to the DCJIS, I affirm that I have read and understand these Terms
and Conditions. Further, I acknowledge, agree to, and am bound by, these Terms and Conditions, as well
as by M.G.L. c. 6, §§ 167-178B, inclusive, and 803 CMR 2.00-11.00, inclusive.
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100 Federal Street, Floor 13 Boston, MA 02110 Main: +1 617 330 8000 www.cplusa.com August 15, 2025 Matthew Kraunelis Town Manager Town of Reading 16 Lowell St Reading, MA 01867 Subject: J. Warren Killam Elementary School - Modular Relocation Project Requisition #01 Dear Mr. Kraunelis: Colliers Project Leaders, the Owner’s Project Manager, has reviewed the attached, Modulease, Requisition #01 and: • Confirm it is within the overall budget. • Confirm it is within the commitment. • Recommend payment of $131,575.00 (amount due) for modular relocation services for June 1, 2025 – June 30, 2025, for the J. Warren Killam Elementary School project. Please feel free to contact me at (774) 294-6659 if you have any questions concerning this invoice. Sincerely, Justin Ferdenzi, Project Manager Justin.ferdenzi@collierseng.com Attachment: 2025 06 Modulease Invoice Requisition #01 $131,575.00 - ProPay Code: 0603-0000
GA Proj #: 682.29 978.750.9062 gienapparchitects.com 20 Conant Street Danvers, MA 01923 July 11, 2025
Joseph Huggins, Town of Reading Facilities Director
Facilities Department
62 Oakland Road
Reading, MA 01867
RE: Killam Modular Relocation Project
Requisition #1
Dear Mr. Huggins:
Enclosed is Application for Payment #1 for the Killam Modular Relocation Project at Charles Street
and Oakland Road, Reading, MA.
We have approved the Application for Payment for $131,575.00.
This requisition includes project management, site supervision, bonds, insurance, mobilization at
both Charles Street and Oakland Road, erosion control, site clearing, retaining wall materials, and
the installation of the sanitary sewer line.
Along with the previous payments of $0, this brings the total project to approximately 19% of the
Contract amount. The remaining balance is $582,825.00, including retainage.
Please do not hesitate to contact us with any questions or if we may be of further assistance.
Sincerely,
Geoff Rogers Gienapp Architects, LLC
cc:
100 Federal Street, Floor 13 Boston, MA 02110 Main: +1 617 330 8000 www.cplusa.com August 15, 2025 Matthew Kraunelis Town Manager Town of Reading 16 Lowell St Reading, MA 01867 Subject: J. Warren Killam Elementary School - Modular Relocation Project Requisition #02 Dear Mr. Kraunelis: Colliers Project Leaders, the Owner’s Project Manager, has reviewed the attached, Modulease, Requisition #02 and: • Confirm it is within the overall budget. • Confirm it is within the commitment. • Recommend payment of $305,900.00 (amount due) for modular relocation services for July 1, 2025 – July 25, 2025, for the J. Warren Killam Elementary School project. Please feel free to contact me at (617) 860-2267 if you have any questions concerning this invoice. Sincerely, Justin Ferdenzi, Project Manager Justin.ferdenzi@collierseng.com Attachment: 2025 07 Modulease Invoice Requisition #02 $305,900.00 - ProPay Code: 0603-0000
100 Federal Street, Floor 13 Boston, MA 02110 www.cplusa.com August 15, 2025 Matthew Kraunelis Town Manager Town of Reading 16 Lowell St Reading, MA 01867 Subject: J. Warren Killam Elementary School Project Management – Knox Company PO #26000488-1 Dear Mr. Kraunelis: Colliers Project Leaders has reviewed and based on the recommendation from the Town of Reading, we are recommending the approval of Knox Company PO #26000488-1 to the J. Warren Killam Elementary School project. Knox Company PO #26000488-1 is for the Modular relocation Knox box for a total of Five Hundred Thirty-Five 00/100 Dollars ($535.00). (ProPay Code: 0603-0000) As project work is ongoing, we respectfully request execution of this agreement at the earliest opportunity. Please let us know if you have any questions. Sincerely, Justin Ferdenzi, Project Manager Justin.ferdenzi@collierseng.com cc: Mike Carroll, Colliers Project Leaders Tom Milaschewski, Superintendent Carla Nazzaro, School Building Committee Chair
100 Federal Street, Floor 13 Boston, MA 02110 Main: +1 617 330 8000 www.cplusa.com August 15, 2025 Matthew Kraunelis Town Manager Town of Reading 16 Lowell St Reading, MA 01867 Subject: J Warren Killam Elementary School – Knoxbox Invoice #1229384 Dear Mr. Kraunelis, Colliers Project Leaders, the Owner’s Project Manager, has reviewed the attached, Complete Cleaning Co, invoice #1229384, and recommend payment of $535.00 for move services for the J Warren Killam Elementary School Project. We recommend payment of this amount, using the following ProPay Codes and Breakdowns. Invoice Number Task Request This Period ProPay Code 1229384 Modular Relocation – Knoxbox $535.00 0603-0000 Please feel free to contact me at (617) 860-2267 if you have any questions concerning this invoice. Sincerely, Justin Ferdenzi, Project Manager Justin.ferdenzi@collierseng.com cc: Tom Milaschewski, Superintendent Carla Nazzaro, School Building Committee Chair Attachment: Knox Company Invoice #1229384 $535.00- ProPay Code: 0603-0000
100 Federal Street, Floor 13 Boston, MA 02110 www.cplusa.com August 15, 2025 Matthew Kraunelis Town Manager Town of Reading 16 Lowell St Reading, MA 01867 Subject: J. Warren Killam Elementary School Gienapp Architects - Amendment #01 Dear Mr. Kraunelis: Colliers Project Leaders has reviewed and recommend the approval Gienapp Architects’ Contract Amendment #01 for the J. Warren Killam Elementary School project. Gienapp Architects’ Contract Amendment #01 is for reimbursable expanses for a total of Ten Thousand Four Hundred Forty-Seven and 73/100 Dollars ($10,447.73.00). We recommend using the following ProPay Codes and Breakdowns. Additional Services Proposed Fee ProPay Code Modular Relocation – Reimbursable Costs $10,447.73 0603-0000 As design work is ongoing, we respectfully request execution of this agreement at the earliest opportunity. Please let us know if you have any questions. Sincerely, Justin Ferdenzi, Project Manager Justin.ferdenzi@collierseng.com cc: Tom Milaschewski, Superintendent Carla Nazzaro, School Building Committee Chair
GD Proj #: 682.29 Reading modulars
978.750.9062
gienapparchitects.com
20 Conant Street
Danvers, MA 01923
August 14, 2025
Joseph Huggins via email: jhuggins@readingma.gov
Director of Facilities, Town of Reading
62 Oakland Road
Reading, MA 01867
RE: Relocation of Killam Modulars to Oakland Road
Contract Amendment for Civil Engineering Reimbursable Expense
Dear Mr. Huggins:
This is to request an amendment for our contract for Architectural and Engineering Services for
the relocation of the Killam modulars to 62 Oakland Road for civil engineering needed on the
project, which is a reimbursable expense.
The breakdown is as follows:
Fee Subtotal
A Hancock Engineering (Civil)9,084.98$
B Gienapp Architects Coordination Fee 1,362.75$
C Total 10,447.73$
Sincerely, Accepted
Imelda R. Barnhurst, AIA, LEED AP BD+C ___________________________
Gienapp Architects, LLC for Town of Reading
100 Federal Street, Floor 33 Boston, MA 02110 Main: +1 617 330 8000 www.cplusa.com August 15, 2025 Matthew Kraunelis Town Manager Town of Reading 16 Lowell St Reading, MA 01867 Subject: J. Warren Killam Elementary School – Bid Advertising Services Invoice #250537 Dear Mr. Kraunelis: Colliers Project Leaders, the Owner’s Project Manager, has reviewed the attached, invoice #250537, and subject to approval of the corresponding Commitment recommend payment of $348.10 for bid advertising services for the J. Warren Killam Elementary School Project. Subject to approval of the corresponding Commitment, we recommend payment of this amount, using the following ProPay Codes and Breakdowns. Invoice Number Task Request This Period ProPay Code 250537 Bid Advertising Services – Modular Relocation Invitation to Rebid $348.10 0603-0000 Please feel free to contact me at (774) 294-6659 if you have any questions concerning this invoice. Sincerely, Justin Ferdenzi, Project Manager Justin.ferdenzi@collierseng.com cc: Tom Milaschewski, Superintendent Carla Nazzaro, School Building Committee Chair
100 Federal Street, Floor 33 Boston, MA 02110 Main: +1 617 330 8000 www.cplusa.com August 15, 2025 Matthew Kraunelis Town Manager Town of Reading 16 Lowell St Reading, MA 01867 Subject: J. Warren Killam Elementary School – Bid Advertising Services Invoice #250309 Dear Mr. Kraunelis: Colliers Project Leaders, the Owner’s Project Manager, has reviewed the attached, invoice #250309, and subject to approval of the corresponding Commitment recommend payment of $354.00 for bid advertising services for the J. Warren Killam Elementary School Project. Subject to approval of the corresponding Commitment, we recommend payment of this amount, using the following ProPay Codes and Breakdowns. Invoice Number Task Request This Period ProPay Code 250309 Bid Advertising Services – Modular Relocation Invitation to bid $354.00 0603-0000 Please feel free to contact me at (774) 294-6659 if you have any questions concerning this invoice. Sincerely, Justin Ferdenzi, Project Manager Justin.ferdenzi@collierseng.com cc: Tom Milaschewski, Superintendent Carla Nazzaro, School Building Committee Chair
100 Federal Street, Floor 13 Boston, MA 02110 Main: +1 617 330 8000 www.cplusa.com August 15, 2025 Matthew Kraunelis Town Manager Town of Reading 16 Lowell St Reading, MA 01867 Subject: J Warren Killam Elementary School - Publishing Services Invoice #250537 Dear Mr. Kraunelis, Colliers Project Leaders, the Owner’s Project Manager, has reviewed the attached, Daily Times Chronicle, invoice #250537, and recommend payment of $348.10 for publishing services for the J Warren Killam Elementary School Project. We recommend payment of this amount, using the following ProPay Codes and Breakdowns. Invoice Number Task Request This Period ProPay Code 250537 Publishing Services – Town of Reading: RFQ Design Services $348.10 0603-0000 Please feel free to contact me at (617) 860-2267 if you have any questions concerning this invoice. Sincerely, Justin Ferdenzi, Project Manager Justin.ferdenzi@collierseng.com cc: Tom Milaschewski, Superintendent Carla Nazzaro, School Building Committee Chair Attachment: Daily Times Chronicle Invoice #250537 $348.10- ProPay Code: 0603-0000
100 Federal Street, Floor 13 Boston, MA 02110 www.cplusa.com August 15, 2025 Matthew Kraunelis Town Manager Town of Reading 16 Lowell St Reading, MA 01867 Subject: J. Warren Killam Elementary School Project Management – Complete Cleaning Dear Mr. Kraunelis: Colliers Project Leaders has reviewed and based on the recommendation from the Town of Reading, we are recommending the approval of Complete Cleaning Co Service Agreement to the J. Warren Killam Elementary School project. Complete Cleaning Service Agreement is for the Modular relocation move and cleaning services for a total of Three Thousand Five Hundred and 00/100 Dollars ($3,500.00). (ProPay Code: 0603-0000) As project work is ongoing, we respectfully request execution of this agreement at the earliest opportunity. Please let us know if you have any questions. Sincerely, Justin Ferdenzi, Project Manager Justin.ferdenzi@collierseng.com cc: Mike Carroll, Colliers Project Leaders Tom Milaschewski, Superintendent Carla Nazzaro, School Building Committee Chair
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CONTRACT FOR SERVICES
TOWN: The Town of Reading
VENDOR:
PROJECT: 25-29 Janitorial Services School Buildings
DATE: June 23, 2025
TOTAL FEE: $400,100.00
The Town hereby accepts the Vendor’s proposal to perform services (“Services”) in
connection with the Project in accordance with and subject to: (i) the Terms and Conditions
attached hereto as Exhibit A; (ii) Scope of Service attached hereto as Exhibit B; and (iii) the
salary or hourly rate attached hereto as Exhibit C. Collectively, these documents constitute this
Agreement.
COMMENCEMENT OF WORK (check applicable box):
[ x] This Agreement constitutes a notice to proceed with services.
[ ] Services shall not be performed under this Agreement until the Town so advises the Vendor
in writing.
INSURANCE:
Maintain, without expense to the Town of Reading, during the term of the agreement the
following insurance coverages with the specified limits:
General Liability:
At least $1,000,000 Bodily Injury and Property Damage Liability, Combined Single Limit with
a $3,000,000 Annual Aggregate Limit
Automobile Liability:
At least $1,000,000 Bodily Injury and Property Damage per accident.
Workers' Compensation Insurance: Per M.G.L. c. l52 as amended.
Property Coverage: for materials and supplies being transported by the contractor, as the
Town’s Property Contract provides coverage for personal property within 1000 feet of the
premises.
Umbrella Liability: of at least $2,000,000/ occurrence, $2,000,000/aggregate.
The Town of Reading shall be named as an additional insured on the entire policy with respect
to liability.
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Certification of insurance acceptable to the Town shall be provided to the Town of Reading
prior to the commencement of work and not later than ten (10) calendar days from notice of
contract award.
PERSONNEL AND SUBCONTRACTORS:
Vendor’s Team: Subcontractors:
____________________________________ ______________________________
____________________________________ ______________________________
____________________________________ ______________________________
List of Attached Exhibits (check applicable boxes):
Exhibit A B C
Attached [x ] [ ]x [ x]
Not Attached [ ] [ ] [ ]
TOWN: VENDOR:
____________________________________ __________________________________
By: ________________________________ By: ______________________________
Title: _______________________________ Title: _____________________________
Date Signed: _________________________ Date Signed: ________________________
Approved as to availability of funds:
____________________________________
By:
Title:
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President
Garry Beaver
7/1/2025
03464411-529301 & 03484411-529301
Sharon Angstrom
CFO
Town Manager
Matt Kraunelis
7/8/2025
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Exhibit A
TERMS AND CONDITIONS
1.PERFORMANCE OF SERVICES
All Services of the Vendor shall be performed by qualified personnel. The Vendor’s
Project team shall consist of those persons identified on page 2 of this Agreement and the
Subcontractors identified on page 2 of this Agreement. The employment by the Vendor of
additional Subcontractors for any of the Services shall be subject to the prior written approval of
the Town. No member of the Project team shall be replaced without the consent of the Town. The
Town shall have the right to require the Vendor to remove any personnel from the Project for
reasonable cause. The Vendor shall perform its Services in accordance with the highest
professional standards of skill, care, and diligence. Without limiting the foregoing, the Town shall
have the right to require the Vendor to cease providing Services immediately upon written notice.
2.TIME
The Vendor shall perform its Services as expeditiously as is consistent with the standards
of professional skill and care required hereby. The Vendor shall perform its Services in
coordination with the operations of the Town at the Sites specified and with any party engaged by
the Town in connection with the Project. It shall be the obligation of the Vendor to request any
information necessary to be provided by the Town for the performance of the Vendor’s Services.
Time is of the essence of this Agreement.
3.PAYMENT
The Vendor shall submit, not more often than monthly, statements for fees for Services
rendered and reimbursable expenses (stated separately) incurred. The Vendor’s statements shall
include a description of the Services performed for the period in questi on with a progress report,
and shall be in such form and detail and with such supporting data as the Town may reasonably
require to show the computational basis for all charges (including reimbursable expenses),
including a statement explaining any substantial deviation from the Vendor’s anticipated work
schedule, staffing plan and costs. Payment shall be due within thirty (30) days after the Town
receives a proper statement. In no event shall the Town be liable for interest, penalties, expenses
or attorney’s fees. No payment made hereunder shall constitute or be construed as final acceptance
or approval of that part of the Services to which such payment relates or relieve the Vendor of any
of its obligations hereunder with respect thereto.
4.VENDOR’S ACCOUNTING RECORDS
The Vendor shall keep records pertaining to Services performed (including complete and
detailed time records) and reimbursable expenses incurred, employing sound bookkeeping
practices and in accordance with generally accepted accounting principles. All records pertaining
to Services performed on a time card or unit price basis and reimbursable expenses shall be
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available to the Town or its authorized representatives for review and audit during normal business
hours.
5. REPORTS, DRAWINGS, ETC.
All reports, drawings, plans and other data and material, including computer programs and
other material in electronic media (collectively, “Materials”) furnished to the Town shall become
the Town’s property and may be used by the Town (or such parties as the Town may designate)
thereafter in such manner and for such purposes as the Town (or such parties as the Town may
designate) may deem advisable, without further employment of or additional compensation to the
Vendor. The Vendor shall not release or disclose to any third party any Materials produced for
the Town without obtaining the Town’s prior written consent. At no time shall the Vendor release
or disclose to any third party any Materials furnished to the Vendor by the Town in connection
with the performance of the Vendor’s Services. Upon the expiration or termination of this
Agreement for any reason, all Materials and other work product that have been accumulated,
developed or prepared by the Vendor (whether completed or in process) shall become property of
the Town and the Vendor shall immediately deliver or otherwise make available such Materials to
the Town.
6. INSURANCE
The Vendor shall obtain and maintain the following insurance in amounts not less than the
Minimum Insurance Limits set forth on page one of this Agreement during all times that the
Vendor is performing Services and for at least one year after termination of this Agreement in the
case of Commercial General Liability, Worker’s Compensation and Employer’s Liability
insurance, and for at least the applicable period of limitations on actions provided by law in the
case of Professional Liability insurance:
a. Commercial General Liability insurance covering claims for injury to persons and
damage to property. Such insurance shall include contractual liability and shall cover the
use of all equipment and motor vehicles on the Site or transporting persons, equipment,
materials or debris to and from the Site. Products and Completed Operations insurance
shall be maintained for at least three years after completion of this Agreement.
b. Professional Liability insurance for protection from claims arising out of the
performance of professional services, including contractual coverage.
c. Worker’s Compensation Liability insurance in amounts not less than those required by
law and Employer’s Liability insurance.
d. Automobile Liability insurance applicable for any contractor who has an automobile
operating exposure for protection against bodily injury and property damage.
e. Umbrella Liability insurance following the same form as the Contractor’s underlying
General Liability, Automobile Liability and Employer’s Liability insurance, which shall
be maintained for at least three years after completion of this Agreement.
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Certificates of insurance evidencing the coverage required hereunder and copies of the
policies, together with evidence that all premiums for such insurance have been paid, shall be filed
with the Town prior to the commencement of the Services to be rendered by the Vendor hereunder.
All such policies and certificates shall be written through companies and in forms acceptable to
the Town’s lender or lenders, if any. All policies shall contain a provision that coverages afforded
by them will not be cancelled or amended until at least thirty (30) days prior written notice has
been given to the Town. In the event that any policy is cancelled or amended, the Vendor shall
immediately provide notice to the Town and take all steps necessary to reinstate such policy to
conform to the requirements of this Agreement. The insurance provided under clause a, d and e,
above, shall name the Town and such other parties as the Town shall require as “Additional
Insured” parties. Insufficient insurance shall not release the Vendor from any liability for breach
of its obligations under this Agreement.
At the request of the Town, a Subcontractor employed by the Vendor shall obtain and
maintain a professional liability insurance policy covering negligent errors, omissions and acts of
such Subcontractor or of any person or business entity for whose performance the Subcontractor
is legally liable arising out of the performance of the contract for Subcontractor services. The
Subcontractor shall furnish a certificate or certificates of such insurance coverage to the Town
prior to the employment of such Subcontractor by the Vendor. A liability insurance policy
maintained under this paragraph shall provide for coverage of such type and duration and in such
amount as the Town shall require.
7. INDEMNIFICATION
To the maximum extent permitted by law, the Vendor agrees to indemnify, defend with
counsel acceptable to the Town and save harmless the Town from all suits, actions, claims,
demands, damages, losses, expenses and costs, including attorneys’ fees, of every kind and
description which the Town may incur or suffer resulting from, in connection with, or arising out
of any act, error or omission of, or breach of contractual duties to the Town by, the Vendor, its
agents, servants, employees or Subcontractors. The extent of the foregoing indemnification and
hold harmless provisions shall not be limited by any provision of insurance required by this
Agreement and shall survive the termination of this Agreement.
8. COMPLIANCE WITH LAW
It is the responsibility of the Vendor that the Project be conducted, and that all Services
and other work performed by the Vendor hereunder be performed so as to comply with all
applicable federal, state and municipal laws, regulations, codes, ordinances and orders, and any
permit conditions as to which the Vendor has knowledge, as the same may be in effect as of the
time of the performance of such work. In particular, without limitation, the Vendor agrees to
comply with (a) all regulations pertaining to approvals for federal and state grants, and with all
federal and state environmental laws and regulations, and assist in making any submissions with
respect thereto and (b) all applicable requirements of the Massachusetts public construction and
procurement laws, which are incorporated by reference herein.
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9. TERMINATION OF AGREEMENT
The Town may terminate this Agreement as follows:
a. Without cause, on ten days’ prior written notice; or
b. Immediately, by written notice to the Vendor, if the Vendor violates any of the
provisions of this Agreement, or fails to perform or observe any of the terms, covenants or
conditions of this Agreement, or abandons in whole or in part its Services, or becomes
unable to perform its Services, hereunder. For purposes of this Paragraph 11 , it is
acknowledged that the Vendor’s Services under this Agreement are personal services and
may not be assumed by or assigned by a trustee in bankruptcy.
In the event of termination, the Vendor shall promptly deliver to the Town all Materials,
including all documents, work papers, studies, calculations, computer programs, data, drawings,
plans, specifications and other tangible work product or materials pertaining to the Services
performed under this Agreement to the time of termination, and thereupon the Town shall pay to
the Vendor any unpaid and undisputed balance owing for Services rendered prior to the date of
termination. Any termination of this Agreement shall not affect or impair the right of the Town
to recover damages occasioned by any default of the Vendor or to set off such damages against
amounts otherwise owed to the Vendor.
10. MISCELLANEOUS PROVISIONS
a. Successors and Assigns. Subject to the provisions of Subparagraph (b) below, the
Town and the Vendor each binds itself, its partners, successors, assigns, and legal
representatives to the other party.
b. Assignment by Vendor. The Vendor shall not assign, sublet or transfer any of its
obligations, responsibilities, rights or interests (including, without limitation, its right to
receive any moneys due hereunder) under this Agreement without the written consent of
the Town. Any assignment, subletting, or transfer by the Vendor in violation of this
Paragraph 12(b) shall be void and without force or effect.
c. Entire Agreement. This Agreement represents the entire and integrated agreement
between the Town and the Vendor with respect to the subject matter hereof and
supersedes all prior negotiations, representations or agreements, either written or oral.
This Agreement may be amended only by written instrument signed by both the Town
and the Vendor.
d. Confidentiality. The Vendor shall not, without the Town’s prior written consent,
release or disclose any information relating to the Project to anyone except as necessary
to perform its duties hereunder.
e. Certifications. The Vendor shall, from time to time, make such certifications and
statements to the Town and to such of the Town’s architects, designers, vendors and
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lenders, and such other parties, as the Town shall reasonably request, in such form as the
Town shall reasonably request, provided that the Vendor determines that such
certifications are true and correct based upon the Services performed by the Vendor
hereunder.
f. Additional Services. If the Town requests the Vendor to perform additional services
beyond the scope of Services hereunder, the Vendor shall perform such additional
services only upon obtaining written authorization from the Town including written
agreement as to the method and amount of compensation for such additional services.
g. Disputes. All claims, disputes and other matters in question between the Town and
the Vendor arising out of or relating to this Agreement or the breach thereof shall be
submitted for resolution to a court of competent jurisdiction in __________ County,
Massachusetts, unless otherwise agreed by the parties. No such action shall be brought,
however, until the completion of all Services under this Agreement or the earlier
termination thereof as provided in Paragraph 11 above, the parties agreeing to negotiate in
good faith any claims, disputes or other matters in question during the term of this
Agreement before resorting to litigation.
h. Limited Liability. No officer, director, member, employee, or other principal, agent or
representative (whether disclosed or undisclosed) of the Town, nor any participant with the
Town, shall be personally liable to the Vendor hereunder, for the Town’s payment
obligations or otherwise, the Vendor hereby agreeing to look solely to the assets of the
Town for the satisfaction of any liability of the Town hereunder. In no event shall the
Town ever be liable to the Vendor for indirect, incidental or consequential damages.
i. Governing Law. This Agreement shall be governed by the law of the Commonwealth
of Massachusetts.
j. No Waiver. The Town’s review, approval, acceptance or payment for Services under
this Agreement shall not operate as a waiver of any rights under this Agreement and the
Vendor shall be and remain liable to the Town for all damages incurred by the Town as the
result of the vendor’s failure to perform in conformance with the terms and conditions of
this Agreement. The rights and remedies of the Town provided for under this Agreement
are in addition to any other rights or remedies provided by law. The Town may assert a
right to recover damages by any appropriate means, including but not limited to set-off,
suit, withholding, recoupment, or counter-claim either during or after performance of this
Agreement.
k. Interpretation. If any provision of this Agreement shall to any extent be held invalid
or unenforceable, the remainder of this Agreement shall not be deemed affected thereby.
Paragraph headings are included herein for reference purposes only and in no way define,
limit or describe the scope or intent of any of the provisions of this Agreement.
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11.EQUAL EMPLOYMENT OPPORTUNITY
a.In connection with the performance of work under this Agreement, the Vendor shall
not discriminate against any employee or applicant for employment because of race, color,
religion, creed, national origin, ancestry, age, sex or handicap. The Vendor shall post in
conspicuous places, available for employees and applicants for employment, notices to be
provided by the Massachusetts Commission Against Discrimination (the “Commission”),
setting forth the provisions of the Fair Employment Practices Law of the Commonwealth.
b.In connection with the performance of work under this Agreement, the Vendor shall
not discriminate in its relationships with Subcontractors or suppliers on the basis of race,
color, religion, creed, national origin, ancestry, age, sex or handicap.
c.The Vendor shall comply with all applicable laws and regulations pertaining to non-
discrimination, equal opportunity and affirmative action, including without limitation
executive orders and rules and regulations of federal and state agencies of competent
jurisdiction.
12.CERTIFICATIONS BY VENDOR
By execution of this Agreement, the Vendor certifies:
a.The Vendor has not given, offered or agreed to give any person, corporation or other
entity any gift, contribution or offer of employment as an inducement for, or in connection
with, the award of this Agreement.
b.No Vendor to or subcontractor for the Vendor has given, offered or agreed to give any
gift, contribution or offer of employment to the Vendor or to any other person, corporation,
or entity as an inducement for, or in connection with, the award to the Vendor or
subcontractor of a contract by the Vendor.
c.No person, corporation or other entity, other than a bona fide full-time employee of the
Vendor, has been retained or hired by the Vendor to solicit for or in any way assist the
Vendor in obtaining this Agreement upon an agreement or understanding that such person,
corporation or other entity be paid a fee or other consideration contingent upon the award
of this Agreement to the Vendor.
d.The Vendor shall comply with all applicable requirements of Section 39R of Chapter
30 of the Massachusetts General Laws.
13.TAXES
a.By execution of this Agreement the vendor, pursuant to Section 49A of Chapter
62C of the Massachusetts General Laws, certifies under the penalties of perjury that it has,
to the best knowledge and belief of the person(s) who signed this Agreement on the
vendor’s behalf, filed all state tax returns and paid all state taxes required under law.
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b.The Town is exempt from payment of certain Sales and Use taxes applicable in the
Commonwealth of Massachusetts. At the Vendor’s request, Tax Exemption Certificates
will be furnished by the Town to the Vendor with respect to such tax-exempt articles as
may be required under this Agreement. The Vendor shall not pay, and the Town shall not
reimburse or pay the Vendor or any other party either directly or indirectly for any tax for
which an exemption is provided under law.
14.CONFLICT OF INTEREST
The Vendor acknowledges that the Town is a municipality for the purposes of Chapter
268A of the Massachusetts General Laws (the Massachusetts conflict of interest statute), and the
Vendor agrees, as circumstances require, to take actions and to forbear from taking actions so as
to be in compliance at all times with obligations of the Vendor based on said statute.
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Exhibit B
SCOPE OF SERVICES
Please refer to specifications outlined in quote request 25-29 Scope of services.
This contract is such to all terms of Mass State Contract FAC114 for Janitorial Services.
The term of this contract is July 25, 2025 through July 24, 2026. The Town may renew for 2
additional 1-year terms, as the sole discretion of the town.
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SCOPE OF SERVICES
The Contractor, unless otherwise specified, shall furnish all labor, tools, supplies, and
equipment necessary for the complete and satisfactory performance of janitorial services. The
areas to be cleaned are located at Reading Memorial High School and include: the Field
House with a main floor of approximately 26,000 square feet, four locker rooms, a fitness
room, wrestling room, three classrooms and an open lobby area with lavatories; a Pre-School
area consisting of four classrooms, eight other rooms and five lavatories; a nine hundred seat
auditorium, drama, band and chorus rooms; media center; cafeteria with two lavatories,
sixty-nine classrooms, thirty-four miscellaneous small rooms and offices; one TV studio;
thirty-four lavatories in addition to the Pre-School and locker rooms; hallways, stairwells and
entrances. These areas total approximately 276,000 square feet. An additional area located at
the Coolidge Middle School shall be cleaned seven hours nightly, Monday through Friday on
days when school is in session – approximately 181 days during the school year. (Maps of
the buildings attached)
These specific work requirements have been developed to provide both a sanitary and
pleasant environment for teachers, employees, students and visitors. It is expected that the
successful proposer shall do all work as outlined in these work requirements and any extra or
incidental work as may be considered necessary, from time to time, to complete the work in a
satisfactory manner.
Schedule for Cleaning: All cleaning shall be done during non-school hours, unless otherwise
specified by the Director of Facilities. Cleaning shall be done between the hours of 7:00 pm
and 12:00 am in the Main Building, and between the hours of 10:00 pm and 2:00 am in the
Field House. Vacation and summer cleaning schedules shall be submitted to the Director of
Facilities one (1) week prior to vacation.
DAILY CLEANING:
1)Classrooms and Office Areas
Empty waste baskets and wash, dry mop floors in general, sweep, vacuum carpeted
rooms, dress and buff flooring as necessary; dust all horizontal surfaces using
treated cloth or yarn duster, to include furniture, office equipment, window sills,
door ledges, baseboards, locker tops, etc., within normal reach; dust air vents,
remove finger marks from door glass, remove cobwebs from corner, floor and
ceilings. All desks and chairs shall be moved nightly to accomplish the work on the
complete classroom floor area. Clean and polish classroom sinks and wash table
tops.
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DAILY CLEANING (Continued):
2)Lavatories
Empty and wash waste baskets, wash urinals, wash sinks and bowls, wash toilets
and both sides of toilet seats, clean mirrors, wash floors and shelves. Dust all
partitions with treated cloth or yarn duster, dust air vents, wash tile walls, dispensers
and receptacles. Re-stock supplies. A germicidal and sanitizing solution, approved
by the Director of Facilities shall be used in all lavatory cleaning.
3)Hallways
The following procedures shall be followed:
a.Dry mop floors — damp mop in bad weather. Buff and wax
flooring as needed. In general, sweep, wash, dress and buff
flooring nightly. Clean and sanitize water fountains, clean all rubber
mats, dust all woodwork and walls with treated cloth or yarn duster
and remove marks on walls and lockers. Lockers and walls shall be
cleaned of any writing ink, pencil, etc., nightly.
b.Hallways shall be burnished nightly. The Contractor shall provide a
minimum of six (6) hours per night for the purpose of floor care.
c.Corridor and stairwell windows — spot clean daily and wash all windows
inside monthly.
d.Stairwells – Vacuum and damp mop nightly.
4)All Lobbies/Entrance Ways
a.Wash interior windows.
b.Dry mop floors — damp mop in bad weather. Buff and wax floors as
needed. In general sweep, wash, dress and buff floors nightly.
c.Dust woodwork and sills with treated cloth or yarn duster.
d.Remove marks on walls.
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DAILY CLEANING (Continued):
5)Auditorium/Media Center/Gym/Field House/Locker Room Areas/Fitness Center
Empty and wash waste barrels, dry mop floors in general, damp mop in bad weather,
sweep, vacuum carpeted floors, dress and buff flooring as necessary; dust all horizontal
surfaces using treated cloth or yarn duster, to include door ledges, baseboards,
bookshelves, etc.; dust air vents, remove finger marks from door glass, remove
cobwebs from corners. Remove marks from walls, sweep bleachers and wet mop as
needed, clean stage area and all seating in auditorium as needed. Sweep and machine
wash Main Field House floor nightly. Use only Profi or equivalent cleaner approved
by the Director of Facilities on the Field House floor. Vacuum Fitness Center floor,
wet mop as needed. Clean interior windows, mirrors and water fountains in Fitness
Center.
6)Cafeteria with two lavatories
Dry mop floor, Removal of gum as necessary, machine wash floor. Clean lavatories as
listed for Daily Cleaning of Lavatories.
MONTHLY CLEANING:
1)Classrooms
Wash and spray buff floors, wash student desks if needed, wash waste baskets, wash
whiteboards (or as requested), remove all finger marks and smudge marks from doors,
door frames and woodwork in general, wash all interior windows, inside and out,
remove all objectionable footmarks and other similar marks from the walls. Monthly
cleaning will begin in late September and continue through June. The Contractor's
supervisor shall report, using the log book, the daily progress on monthly cleanin g,
listing the number of personnel who shall be performing the work for each day of the
monthly cleaning program.
VACATION CLEANING:
1)Hallways
Clean and sanitize all drinking fountains, remove all finger marks and smudges from
doors, door frames, and woodwork in general including glass. Dust all light fixtures,
pictures and other materials mounted on walls. Dust and wash with treated cloth or
yarn duster, wash all rubber mats and floors, strip and wax floors. Wash face of
lockers.
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VACATION CLEANING (continued):
2)Classrooms
Dust all light fixtures, dust down all ceiling corners, dust all furniture using treated
cloth or yarn duster; wash all desks — top and bottom — removing gum, etc.,
wash whiteboards and marker trays, dust tops of whiteboards and other materials
mounted on the walls. Dust or vacuum all shades and blinds all overhead pipes and
sprinklers, dust all hanging light fixtures; remove finger marks from doors, door
frames, light switches, woodwork in general, and glass, remove all footmarks and
other marks from walls. Wash waste baskets, inside of exterior windows and strip
and wax floors.
Power vacuum carpeted area and spot clean as required. Each room and corridor
area shall receive a vacation cleaning during the three (3) vacation periods in
December, February and April.
3)Lavatories
Dust all light fixtures and air vents, dust ceiling corners with treated cloth or yarn
duster, wash partitions and doors, wash all fixtures, wash floors, and re-stock all
supplies such as paper towels, toilet tissue and liquid hand soap. This will be done
during the three (3) vacation periods in December, February and April.
SUMMER CLEANING:
Shall commence immediately after school closing in June and will consist of items 5,
7, 8, 9 and 10. All classroom furniture shall be completely cleaned of any gum or
foreign objects attached to tops and undersides of same.
All walls and partitions, including ceiling light fixtures, whiteboards and marker trays,
air vents, etc., shall be completely cleaned and washed. All lockers shall be cleaned
and washed, inside and out. All windows shall be washed inside. All storage,
custodial, electrical and telephone/data closet floors shall be vacuumed.
Summer cleaning shall be completed no later than one week prior to the
opening of the school year. The Contractor shall submit a schedule of cleaning
to the Director of Facilities prior to beginning work.
All areas used during the summer school program including classrooms, offices,
lavatories and corridors will be cleaned on a daily basis. Immediately after the
summer School term is concluded, these areas will be given a summer cleaning to be
completed no later than one week prior to the opening of the school year.
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CARPET CLEANING:
Carpeting in all buildings shall be cleaned during the summer vacation.
All furniture, including file cabinets shall be moved by the Contractor before cleaning
and placed in the same position after cleaning is finished.
The carpet in all locations is to be cleaned by the wet extraction method or equal.
Where possible truck mounted extraction should be used.
If the Contractor is going to sub-contract carpet cleaning, they will be required to
submit it with this quote.
1)Name of company doing work, which has been a registered business in
Massachusetts for at least five (5) years prior to bid opening date.
2)The company shall have a minimum of five (5) years’ experience in
carpet cleaning using the method described.
3)The company shall furnish five (5) letters of reference of which three (3) must be
current school contracts. The letter shall include the square footage of the areas
cleaned.
4)Criminal Offender Registry Information (CORI) checks will be performed on all
employees of the subcontractor prior to their starting work in a school. The
subcontractor shall be given “CORI” record release forms to be filled out by their
current or prospective employees and returned to the Human Resources
Administrator for processing. The Superintendent of Schools shall have the right
to deny subcontractor employees from being used to service Town of Reading if
he/she finds them to be unsatisfactory for any reason.
SUPPLIES AND EQUIPMENT:
All supplies and equipment to perform the cleaning services, excluding Hand
Soap, Trash Liners, Toilet Tissue and Paper Towels will be supplied by the
Contractor. Contractor must give the names of products to be used with bid and
supply MSDS sheets.
ADDITIONAL REQUIREMENTS AND COORDINATION:
1)The owner or a corporate officer of the company to whom this contract is awarded shall
be expected to visit all areas covered by the contract on a periodic basis to determine that
all requirements are effectively being carried out.
2)The Contractor shall maintain a log that shall be stored at a location designated by the
Director of Facilities through which the Director of Facilities or Building Principal may
communicate to the Contractor or Contractor’s supervisor. The Contract Supervisor or
his/her designee shall be responsible for checking the log each evening at the start of the
cleaning shift.
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3)Contractor’s personnel or supervisor shall notify the Director of Facilities of any
maintenance issues including: stopped toilets and drains, broken fixtures and equipment,
broken windows, lights out of order, etc., through a written work order (forms to be
provided by the Director of Facilities). Anything of immediate nature such as open or
unlocked doors, or anything out of the ordinary shall be reported to the custodial
supervisor for Reading Public Schools.
4)The Contractor may employ for their use the present electrical and water services in order
to perform the work to be done. The Contractor shall be held responsible, however, for all
damages to such services or equipment, or damage caused by such services if such
damage be by reason of their use of such services or equipment.
5)It shall be the responsibility of the Contractor to see that all lights which have been
turned on by his employees are extinguished when leaving the area.
6)In areas where any windows or exterior doors are open or opened by any one of the
Contractor's personnel, it shall be the responsibility of the Contractor's Supervisor to see
that these windows and doors are closed at the completion of the job. Any damage to the
building, equipment and/or materials due to the negligence of the Contractor's personnel
by not closing the windows, shall be assumed by the Contractor.
7)All areas that require unlocking to enter for cleaning or washing and waxing shall be re-
locked at the completion of that job in that particular area.
8)Contractor's personnel shall not use the offices or office furniture if and when they stop
for meal/rest breaks. A designated area will be specified by the Town to be used by the
Contractor's personnel for meal/rest breaks. Contractor’s personnel shall not disturb
papers on desks, open drawers or cabinets, use telephones, computers, radios or
televisions or tamper with personal property. Any damage or charges to such equipment
or appliances due to the Contractor's personnel shall be assumed by the Contractor.
9)No wash water is to be dumped in the yard area, on or around any shrubbery, or in any
wash sinks at any time. Wash water is not to be dumped into any floor drains. Wash
water must be dumped into utility sinks only. These sinks must be cleaned after usage,
removing all foreign material and flushing hot water to remove all wax and dirt from
drains in order to eliminate any possibility of clogging. All mops will be rinsed clean after
they have been used, to eliminate foul odors and the spreading of germs. Floor drain traps
in the lavatories, locker rooms, science areas and art rooms will be kept full with water to
eliminate foul odors.
10)The Contractor shall remove graffiti in all areas of the building for which they are
responsible on a nightly basis with the exception that any graffiti of a threatening nature,
or which contains names shall be reported by the supervisor immediately to the Director
of Facilities or his/her designee. The Contractor shall then remove the graffiti only if
instructed to do so by the Director of Facilities or his/her designee.
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11)There shall be a meeting of the Contractor or their supervisor at least once a week with the
Director of Facilities or his representative for the purpose of monitoring all aspects of the
contract and the performance of the Contractor. These meetings shall be discontinued at
the Director of Facilities’ direction, but may be resumed if he/she feels that any part of the
contract is not being properly fulfilled.
12)If for any reason, the daily work force shall not be on the job, the Director of Facilities
shall be notified at least twenty-four (24) hours in advance. If work is not performed,
Town employees shall perform such duties and the Contractor shall be billed accordingly.
The Contractor will be billed at the Town's hourly overtime rate.
13)All rooms containing carpeting shall be HEPA vacuumed daily during the school year,
plus general cleaning in the summer. All carpeting shall be spot cleaned during the year as
required. All waste and other trash shall be removed from the building each night in plastic
bags and disposed of in the school's dumpster.
14)Locker Rooms, Gym, Field House and Auditorium areas are to be cleaned each evening
on the 10:00 pm to 2:00 am shift. The Gym and Field House bleachers shall be cleaned
when open, including behind and underneath.
15)In the event that an accident occurs involving Contractor personnel, equipment or
operations, and such accident results in injury or damage to personnel or equipment
(whether it be Contractor or otherwise) the Contractor shall immediately notify the
Director of Facilities.
16)If any areas of any buildings are being used, work shall be performed after the activities
are finished. These activities shall include dances, athletic events, concerts/plays,
banquets, etc. A schedule of events will be given to the Contractor when possible. At
no time shall the Contractor’s personnel have any contact with any students.
17)The Contractor agrees that it will not discriminate against any employee or applicant for
employment because of race, color, religious creed, national origin, sex, sexual
orientation, age, or ancestry in connection with the performance of services under
Agreement. The Contractor further agrees that it will comply with all laws, local by-
laws, rules and regulations of the Massachusetts Department of Labor and all other
regulatory bodies having jurisdiction.
EMERGENCY AND/OR SPECIALTY CLEANING:
The Contractor shall be required to provide personnel 24-hours per day, 7-days per week,
for cleaning due to emergency or special conditions as deemed necessary by the Director
of Facilities or his/her designee.
CHANGE ORDERS:
When, and if, conditions necessitate changes, additions, or deletions be made to the
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contract, the Town Manager or his/her designee will issue the necessary change order in
writing describing such changes and indicate the amount of the change in the contract
price, if any. No extension of time will be allowed for any such change order unless so
stated therein.
AUTHORITY:
All work done under this contract shall be done to the satisfaction of the Director of
Facilities or his/her authorized agent(s), who shall in all cases determine the amount,
quality and acceptability of services rendered.
AGENT/OWNER REPRESENTATIVE:
The Town of Reading agent and owner representative is the Director of Facilities.
PROTECTION OF PERSONS:
The Contractor shall take all proper precautions to protect persons from injury, unnecessary
interference or inconvenience. The Contractor agrees to hold the Town of Reading harmless
from any and all liability of every nature and description which may be suffered through
bodily injuries, including death, to any person or persons, by reason of negligence of the
Contractor, his agents, employees, or any sub-contractor.
PERSONNEL:
The Contractor shall use qualified personnel who are directly employed/supervised by the
Contractor. All employees shall be carefully selected, well trained and motivated to do a
good job. Criminal Offender Registry Information (CORI) checks will be performed on all
employees of the contractor prior to their starting work in a school. The contractor shall be
given “CORI” record release forms to be filled out by their current or prospective employees
and returned to the Human Resources Administrator for processing. Failure by the
contractor to ensure that all personnel working on school property have been CORI-cleared
by the school Town will be grounds for termination of the contract.
All personnel shall wear uniforms identifying themselves as employees of the Contractor.
The uniforms must be worn at all times while on the school premises.
The Contractor shall discharge or replace from service in Town of Reading any person who,
in the opinion of the Town Manager or his/her designee, is incompetent, disorderly or
otherwise unsatisfactory.
EMPLOYEE IDENTIFICATION:
Identification tags giving the name of employee and company and with a picture of the
employee shall be worn at all times. Nametags shall be provided by the Contractor and
shall be acceptable to the Town of Reading.
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SAFETY PRECAUTIONS:
The Contractor shall employ all necessary safety precautions to prevent injury to
persons, property and equipment.
PAYMENT:
Town of Reading requires that all service contracts be validated for funding by issuing
a Purchase Order at the beginning of the contract period. The contractor will provide
monthly invoices during the year referencing the purchase order provided by Town of
Reading for that contract period. Invoices should be mailed directly to the Director of
Facilities.
LENGTH OF CONTRACT:
The Contract shall be for a period of one (1) year with an option to renew for each of
the two (2) consecutive years, as specified in the Town of Reading letter of award
notification.
CANCELLATION OF CONTRACT:
The Town of Reading reserves the right to cancel and terminate the contract, in whole
or in part, in the event that the services provided by the Contractor prove to be
unsatisfactory or it is determined to be in the best interest of the Town of Reading to
do so. Upon termination, the Town of Reading will only be obligated to pay for
services rendered and the contractor shall not be entitled to any lost profits.
CONTRACT DOCUMENTATION/AUTHENTICATION:
The contractors quote, together with the specifications and requirements contained
herein, the standard contract terms and conditions attached hereto, and the award letter
shall constitute the contract.
CONTRACT EQUIPMENT:
The Contractor, with his quote, shall provide a list of all equipment to be used for
general cleaning. This equipment shall be new and shall remain on site for the duration
of this contract. The Town of Reading reserves the right to inspect, at any time, the
equipment used by the Contractor.
SECURITY CONDITIONS:
The Contractor shall be responsible for all keys issued to their supervisor. Keys shall
not be left indoors, and employees are not to admit anyone into the building where
they are working, under any circumstances. The Contractor shall notify the Director
of Facilities immediately if any keys issued to the supervisor are lost or stolen. Costs
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20 | P a g e
associated with lost keys shall be assessed to the Contractor.
It shall be the responsibility of the Contractor to close and secure any and all open
windows and exterior doors at the completion of the job each day. Any damage done
to the building, equipment and/or materials due to the negligence of the contractor's
personnel by not closing said windows and doors, shall be assumed by the Contractor.
It shall be the responsibility of the Contractor to see that all lights, which have been
turned on by employees, are extinguished when leaving the area. All areas that require
unlocking to enter for cleaning or washing and waxing shall be re-locked at the
completion of the job in that particular area.
The Contractor shall take all proper precautions to protect the Town of Reading’s
property from damage. Should any damage to the Town of Reading property be
caused by the Contractor or Contractor personnel, the Contractor will be required to
make immediate repairs. The Town may, however, elect to make repairs or
replacement of damaged property itself and deduct the cost from monies due the
Contractor.
Just prior to leaving the buildings that do not have Town of Reading employees
working, Contractors cleaning personnel shall secure all doors, close all windows, turn
off lights, and activate security alarms.
SUPERVISION:
The Contractor shall provide his own on-site supervision for the total and complete janitorial
services specified throughout this contract. Supervisors shall be responsible for all of the
buildings to be serviced and shall be employed for the sole purpose of supervising the
janitorial services specified in this contract. The Contractor shall equip the supervisor with a
cellular phone so that the Town's personnel may contact him/her during the hours of
cleaning. Supervisors will respond to all cellular calls within a reasonable amount of
time. All cellular calls will be during the working hours for cleaning.
The supervisor shall inspect all work in each building to ensure his/her staff accomplishes
nightly cleaning. If work is not completed, he/she is to have proper personnel return to the job
site and finish cleaning. All work is to be completed before the start of the next school day.
Supervisors shall be present at all meetings scheduled by the Director of Facilities
or his representative.
INSPECTIONS:
The Contractor shall prepare a checklist for all building areas to be cleaned. This list shall be
submitted to the Town's agent for his/her approval on a daily basis (A copy of the list shall be
provided with this quote). An inspection shall be conducted at the conclusion of each shift by
the Town's agent and the Contractor's Supervisor, utilizing this checklist. If work
performance is deemed satisfactory during the first three (3) months of the contract, the
inspections may be reduced to one (1) per week; however, the frequency of these inspections
can be increased at the sole discretion of the Town.
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Following the inspection, immediate steps shall be taken by the Contractor's Supervisor to
correct any deficiencies noted. A copy of the inspection report will be given to the
Contractor's Supervisor and a copy will be filed with the Director of Facilities. Again, this
checklist will be provided with the Contractor's bid.
SUPPLIES AND EQUIPMENT:
The contractor shall provide all necessary equipment, supplies and materials to accomplish
the required cleaning of the facility with the exception of the items listed below. These
materials will be supplied by the Town of Reading for point-of-use replenishment by
Contractor personnel:
a.Hand soap for dispensers
b.Paper towels for dispensers and classroom use
c.Toilet tissue
d.Liners for waste receptacles
Contractor must supply the Town of Reading with the names of cleaning products used
including corresponding MSDS sheets to be included in the quote process.
Only Latex Free gloves are to be used by the Contractor’s personnel.
All equipment used by the Contractor shall be in safe operating condition at all times, free
from defects or wear which may in any way constitute a hazard to any person or persons and
the Town of Reading property. Any equipment that does not meet this requirement must be
repaired to its proper operating condition prior to further use or it must be removed from the
premises. All equipment removed from the premises must be replaced expeditiously so that
the normal routine cleaning will not experience any delays.
The following list of equipment will be kept on site at all times:
2 --- 20"-26” Automatic scrubbing machines
2 --- 20" Automatic 2,000 high speed burnishing machines
1 --- 20/30 gallons extraction carpet cleaning unit
3 --- 5 gallon wet/dry vacuums
3 --- Backpack vacuums
Miscellaneous carpet vacuums and equipment (All carpet vacuums shall be HEPA
filtered). Storage Space
The Town of Reading will provide limited space for the Contractor to store supplies and
equipment that are required as a condition of this contract. The Contractor will be required
to keep assigned storage areas neat and clean at all times and must store materials, supplies,
and equipment in accordance with applicable fire regulations. There shall be no flammable
materials stored in these areas.
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Exhibit C
PRICING FROM QUOTE FORM
Docusign Envelope ID: 5EC3860E-6D2E-49FE-9BD4-3D90077167C9
QUOTE FORM
JANITORIAL SERVICES READING SCHOOLS
This Quotation MUST be signed by an authorized individual(s). The quote must be signed as
follows: 1) if the quoter is an individual, by her/him personally; 2) if the quoter is a partnership,
by the name of the partnership, followed by the signature of each general partner; and 3) if the
quoter is a corporation, by the authorized officer, whose signature must be attested to by the
Clerk/Secretary of the corporation and the corporate seal affixed.
By signing this Quote Form, the quoter confirms compliance with applicable state and federal
employment laws or regulations, including Worker's Compensation Insurance as required by
M.G.L. Chapter 152.
The undersigned certifies under penalties of perjury that this quotation has been made and
submitted in good faith and without collusion or fraud with any other person. As used in this
certification, the word "person" shall mean any natural person, business, partnership,
corporation, union, committee, club, or other organization, entity, or group of individuals.
Pursuant to M.G.L. c. 62C, §49A, I certify under the penalties of perjury that, to the best of my
knowledge and belief, I am in compliance with all laws of the Commonwealth relating to taxes,
reporting of employees and contractors, and withholding and remitting child support.
Business Name: Complete Cleaning Company Inc.
Business Address: 548 Chestnut Street
City/State/Zip: Lynn, MA 01904
Signed: i� f3�June 16, 2025
(Date)
Printed Name: _G_a_rry�B_ea_v_e_r ________ Title: President
F.I.D. #: 04-2572789
Telephone: (781) 598-1666 Fax: (781) 598-4301
Email address: garry@complete-cleaning.com
This quote is provided under Massachusetts State contract FAC114. All terms and
conditions of Contract FAC114.
231P age
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QUOTE FORM (CONTINUED)
Please indicate the number of daily hours proposed to address each of the tasks below:
No. Description Hours
Cleaning of Classrooms and Office Areas 25
Cleaning of Lavatories 6.5
Dry mop hallway floors 2
Burnish hallways 8
Wash interior windows for all lobby/entrance doors 1
Dry mop lobby/entrance floor areas 1
Clean auditorium 1.5
Clean Cafeteria 1.5
Clean Field House and Gymnasium areas 2.5
Clean Locker Rooms 3
Clean Media Center 1
Estimated number of cleaning personnel to be on-site 15 daily
Estimated number of supervisor hours per day 7.5
YEARl YEAR 2 YEAR 3
DESCRJPTION 7/01/25 -6/30/26 7/01/26-6/30/27 7/01/27 -06/30/28
A Reading Memorial High
School for
181 days $ 294,000.00 $ 308,700.00 $ 321,961.00
B Coolidge Middle School
@ 7 hours a day for 181
days $36,600.00 $38,430.00 $42,874.75
C Summer Vacation
Cleaning
$ 48,500.00 $50,925.00 $52,452.75
D Christmas Vacation
Cleaning
$7 ,000.00 $7,350.00 $ 7,570.50
E February Vacation
Cleaning
$7,000.00 $7,350.00 $ 7,570.50
F April Vacation Cleaning
$7 ,000.00 $7,350.00 $7,570.50
TOTAL: $400,100.00 $420,105.00 $ 440,000.00
24 [Pa ge
Docusign Envelope ID: 5EC3860E-6D2E-49FE-9BD4-3D90077167C9
QUOTE FORM (CONTINUED)
TOTAL ESTIMATED CONTRACT VALUE: Add the totals of all years together (1 +2+3)
__ o_ne_M_i _llio_n_T_w_o _Hu_n_dr_e d_a_n_d _Si_xt_y _Th_o _us_an_d_T_w_o _H_un_d_re _d _an_d_F_ive_ $ ___ 1�,2_6_0�,2_0_5._0_0 _____ _
(Written Amount) (Figure)
In the case of discrepancy between the written amount and the figure, the written amount will
prevail.
The amounts in boxes C - F will be purchased separately. Invoicing will be done by dividing
items A+ B into 12 equal amounts. The Town of Reading will advise the Contractor when and if
they will engage in services for the vacation cleaning. This would be invoiced separately.
END OF QUOTE FORM
251Pa ge
Docusign Envelope ID: 5EC3860E-6D2E-49FE-9BD4-3D90077167C9
100 Federal Street, Floor 13 Boston, MA 02110 Main: +1 617 330 8000 www.cplusa.com August 15, 2025 Matthew Kraunelis Town Manager Town of Reading 16 Lowell St Reading, MA 01867 Subject: J Warren Killam Elementary School - Move Services Invoice #13962 Dear Mr. Kraunelis, Colliers Project Leaders, the Owner’s Project Manager, has reviewed the attached, Complete Cleaning Co, invoice #13962, and recommend payment of $900.00 for move services for the J Warren Killam Elementary School Project. We recommend payment of this amount, using the following ProPay Codes and Breakdowns. Invoice Number Task Request This Period ProPay Code 13962 Modular Relocation – Move Services $900.00 0603-0000 Please feel free to contact me at (617) 860-2267 if you have any questions concerning this invoice. Sincerely, Justin Ferdenzi, Project Manager Justin.ferdenzi@collierseng.com cc: Tom Milaschewski, Superintendent Carla Nazzaro, School Building Committee Chair Attachment: Complete Cleaning Invoice #13962 $900.00- ProPay Code: 0603-0000
100 Federal Street,
Floor 13
Boston, MA 02110
www.cplusa.com
August 15, 2025
Matthew Kraunelis
Town Manager
Town of Reading
16 Lowell St
Reading, MA 01867
Subject: J. Warren Killam Elementary School Project Management – ADF Painting
PO #26000411
Dear Mr. Kraunelis:
Colliers Project Leaders has reviewed and based on the recommendation from the Town of Reading,
we are recommending the approval of ADF painting PO #26000411 to the J. Warren Killam
Elementary School project.
ADF Painting PO #26000411 is for the Modular relocation painting services for a total of Three
Thousand and 00/100 Dollars ($3,000.00). (ProPay Code: 0603-0000)
As project work is ongoing, we respectfully request execution of this agreement at the earliest
opportunity. Please let us know if you have any questions.
Sincerely,
Justin Ferdenzi,
Project Manager
Justin.ferdenzi@collierseng.com
cc: Mike Carroll, Colliers Project Leaders
Tom Milaschewski, Superintendent
Carla Nazzaro, School Building Committee Chair
100 Federal Street, Floor 13 Boston, MA 02110 Main: +1 617 330 8000 www.cplusa.com August 15, 2025 Matthew Kraunelis Town Manager Town of Reading 16 Lowell St Reading, MA 01867 Subject: J Warren Killam Elementary School – Exterior Painting Services Invoice #1565 Dear Mr. Kraunelis, Colliers Project Leaders, the Owner’s Project Manager, has reviewed the attached, ADF Painting, invoice #1565, and recommend payment of $3,000.00 for painting services for the J Warren Killam Elementary School Project. We recommend payment of this amount, using the following ProPay Codes and Breakdowns. Invoice Number Task Request This Period ProPay Code 1565 Modular Relocation – Exterior Painting $3,000.00 0603-0000 Please feel free to contact me at (617) 860-2267 if you have any questions concerning this invoice. Sincerely, Justin Ferdenzi, Project Manager Justin.ferdenzi@collierseng.com cc: Tom Milaschewski, Superintendent Carla Nazzaro, School Building Committee Chair Attachment: ADF Painting Invoice #1565 $3,000.00- ProPay Code: 0603-0000
IDTask ModeTask NameDuration Start Finish1Forming the Team (MSBA MOD 02)187 daysThu 4/13/23Tue 12/12/232OPM Selection86.5 daysThu 4/13/23Thu 8/3/233Issue RFP for OPM1 dayThu 4/13/23Thu 4/13/234OPM Submission23 daysFri 4/14/23Tue 5/16/235OPM Interviews 1 dayWed 5/17/23Wed 5/17/236Reading OPM Selection (prior to MSBA Approval)37 daysThu 5/18/23Fri 7/7/237OPM Approval by MSBA (MSBA Board)1 dayMon 7/10/23Mon 7/10/238OPM Contract (Issue & Execute)20 daysTue 7/11/23Thu 8/3/239OPM Contract (Issue & Execute)18 daysTue 7/11/23Thu 8/3/2310Design Team Selection99.25 daysMon 8/7/23Tue 12/12/2311OPM Kickoff meeting1 dayWed 8/9/23Wed 8/9/2312Establish Reading Killam ES Designer Selection Sub-Committee0 daysMon 8/7/23Mon 8/7/2313Prepare Draft Request for Services (RFS)10 daysWed 8/9/23Tue 8/22/2314Designer Selection Sub Committee Reviews Draft RFS6 daysTue 8/22/23Wed 8/30/2315Submit RFS to MSBA for Review/Approval0 daysWed 8/30/23Wed 8/30/2316MSBA Review of RFS10 daysWed 8/30/23Wed 9/13/2317Submit Advertisement / Re-Advertisement to Central Register & Local Newspaper1 dayWed 9/6/23Thu 9/7/2318Advertisement appears in the Central Register & Local Newspaper0 daysWed 9/13/23Wed 9/13/2319Designer RFS Submission Time22 daysWed 9/13/23Wed 10/11/2320Facility Tour & Proposal Briefing Meeting0 daysFri 9/22/23Fri 9/22/2321Designer submit Proposals to District0 daysWed 10/11/23Wed 10/11/2322Colliers Distributes, Reviews Proposals & Checks References6 daysWed 10/11/23Wed 10/18/2323Colliers Submits References, etc. to MSBA Design Selection Panel (DSP)1 dayThu 10/19/23Thu 10/19/2324DSP Selection Panel Meeting to Select Shortlist of Firms for Interviews0 daysTue 11/7/23Tue 11/7/2325DSP Selection Panel Meeting to Interview, Rank & Select Firms0 daysTue 11/21/23Tue 11/21/2326Negotiate & Prepare Contract with Selected Firm & MSBA Approval11 daysTue 11/21/23Tue 12/5/2327Award of Contract0 daysTue 12/12/23Tue 12/12/2328Feasibility (MSBA MOD 03)244 daysMon 12/18/23Wed 10/30/2429Preliminary Design Program Initiative (PDP)179 daysMon 12/18/23Wed 8/7/2447Preferred Schematic Report (PSR)125 daysTue 5/21/24Wed 10/30/2463Schematic Design (MSBA MOD 04)149 daysWed 10/16/24Wed 4/30/2564Schematic Design28 daysWed 10/30/24Fri 12/6/2465Meetings - SBC73 daysWed 10/16/24Wed 1/22/2571SD Cost Estimates20 daysMon 12/9/24Mon 1/6/2572Establish Project Scope & Budget10 daysWed 1/15/25Wed 1/29/2573Establish CM@R or ch1490.88 daysMon 12/16/24Mon 12/16/2474OPM Informational email to MSBA0.88 daysFri 1/31/25Fri 1/31/2575Schematic Design Report Submission including DESE submittal0 daysMon 2/10/25Mon 2/10/2576MSBA SD Review36.88 daysTue 2/11/25Fri 3/28/2577District Response to MSBA SD Review Comments11 daysMon 3/31/25Fri 4/11/2578Project Scope and Budget Conference0 daysWed 3/26/25Wed 3/26/2579MSBA Board Approval Schematic Design13 daysFri 4/11/25Wed 4/30/2580Extended Design Prior to the Start of DD46 daysMon 3/10/25Tue 5/13/2581Extendend Design46 daysMon 3/10/25Tue 5/13/2582Owner release into DD0 daysTue 5/13/25Tue 5/13/2583Funding the Project (MSBA MOD 05)96.75 daysWed 1/8/25Tue 5/13/2584Reading Funding Process96.75 daysWed 1/8/25Tue 5/13/2585Develop Meeting & Vote Language26.88 daysWed 1/8/25Thu 2/13/2586Secure MSBA Vote & Specical Town Meeting Language18 daysWed 1/8/25Fri 1/31/2587Finalize Language with Town Council & MSBA0 daysFri 1/31/25Fri 1/31/2588Submit Language to Matt to Write Article11 daysFri 1/31/25Thu 2/13/2589Submit Language to Laura (Min 35 days before election)0 daysFri 1/31/25Fri 1/31/2590Special Town Meeting61.25 daysThu 2/13/25Mon 5/12/2591Information to Select Board for Special Town Meeting0 daysThu 2/13/25Thu 2/13/258/78/309/139/2210/1111/711/2112/122/103/265/131/311/312/13AMJJASONDJFMAMJJASONDJFMAMJJASONDJFMAMJJASONDJFMAMJJASONDJFMAMJJASONDJFMAMJJHalf 1, 2023Half 2, 2023Half 1, 2024Half 2, 2024Half 1, 2025Half 2, 2025Half 1, 2026Half 2, 2026Half 1, 2027Half 2, 2027Half 1, 2028Half 2, 2028Half 1, 2029Half 2, 2029TaskMilestoneSummaryKilliam Elementary School Page 1Project: 2023 09-18 Reading KiDate: Thu 8/7/25
IDTask ModeTask NameDuration Start Finish92Select Board Meeting - Vote to Close Warrant for Special Town Meeting2 daysFri 2/14/25Tue 2/18/2593Select Board Meeting - Vote for Special Town Meeting (14 days before Town Meeting and no meeting on 04/08/25 or 04/15/25)0 daysTue 4/1/25Tue 4/1/2594Special Town Meeting Warrant Published14 daysTue 4/1/25Thu 4/17/2595Special Town Meeting Warrant Report Published0 daysThu 4/17/25Thu 4/17/2596Special Town Meeting (05/01-05/05)2 daysThu 5/1/25Mon 5/5/2597Post Warrant for Election 1 dayMon 5/5/25Tue 5/6/2598Waiting Period after Special Town Meeting 5 daysMon 5/5/25Mon 5/12/2599Town Meeting32.13 daysTue 3/25/25Thu 5/8/25100Town Meeting Warrant Published0 daysTue 3/25/25Tue 3/25/25101Town Meeting Warrant Report Published0 daysFri 4/4/25Fri 4/4/25102Town Meeting (04/28, 05/01, 05/05 & 05/08)10 daysMon 4/28/25Thu 5/8/25103Popular Election34.5 daysTue 3/25/25Tue 5/13/25104Information to Select Board for Elections0 daysTue 3/25/25Tue 3/25/25105Select Board Meeting - Vote for Election to happen (35 days before election and no meeting on 04/08 or 04/15)0 daysTue 4/1/25Tue 4/1/25106Select Board must notify the Town Clerk of Election1 dayWed 4/2/25Wed 4/2/25107Vote (Special Elecation - Has to be 7 days after closing and Historically on a Tuesday)0 daysTue 5/13/25Tue 5/13/25108Design Development (MODULE 6)264.25 daysFri 5/23/25Tue 5/5/26109Design Development (DD)91.75 daysFri 5/23/25Fri 9/19/25110Design Development Drawings41 daysFri 5/23/25Thu 7/17/25111Register Project with USBGC0 daysThu 6/12/25Thu 6/12/25112DD Cost Estimating15 daysThu 7/17/25Tue 8/5/25113DD Estimate Reconciliation Meeting2 daysWed 8/6/25Thu 8/7/25114Finalize VE log and Reconciled Budget2 daysThu 8/7/25Mon 8/11/25115Review Budget with XLT0 daysMon 8/11/25Mon 8/11/25116Issue SBC Documents4 daysMon 8/11/25Fri 8/15/25117SBC Meeting1 dayFri 8/15/25Mon 8/18/25118SBC Meeting - Approve DD Submission0 daysMon 8/18/25Mon 8/18/25119Submit DD Pacakge to MSBA0 daysTue 8/19/25Tue 8/19/25120MSBA Review and Comments15 daysTue 8/19/25Mon 9/8/25121Respond to MSBA DD comments10 daysMon 9/8/25Fri 9/19/2512260% Construction Documents Phase (60% CD)90.5 daysTue 8/19/25Mon 12/15/2512360% Construction Drawings40 daysTue 8/19/25Thu 10/9/25124SBC Meeting0 daysThu 10/9/25Thu 10/9/2512560% CDs for Pricing0 daysThu 10/9/25Thu 10/9/2512660% CD Cost Estimating15 daysThu 10/9/25Wed 10/29/2512760% CD Reconciliation Meeting2 daysWed 10/29/25Fri 10/31/25128Finalize VE log and Reconciled Budget2 daysFri 10/31/25Tue 11/4/25129Review Budget with XLT0 daysTue 11/4/25Tue 11/4/25130Issue SBC Documents2 daysTue 11/4/25Thu 11/6/25131SBC Meeting - Approve 60% Submission1 dayMon 11/10/25Mon 11/10/25132Submit 60% CD Package to MSBA1 dayMon 11/10/25Wed 11/12/25133MSBA Review and Comments15 daysWed 11/12/25Wed 12/3/25134Respond to MSBA 60% comments10 daysWed 12/3/25Mon 12/15/2513590% Construction Documents Phase (90% CD)133 daysMon 11/10/25Tue 5/5/2613690% Construction Documents50 daysMon 11/10/25Fri 1/16/2613790% CDs Issued for Cost Estimating0 daysFri 1/16/26Fri 1/16/2613890% CD Cost Estimating10 daysFri 1/16/26Fri 1/30/2613990% CD Reconciliation Meeting2 daysFri 1/30/26Mon 2/2/26140Finalize VE log and Reconciled Budget2 daysTue 2/3/26Wed 2/4/26141Review Budget with XLT0 daysWed 2/4/26Wed 2/4/26142Issue SBC Documents1 dayThu 2/5/26Thu 2/5/26143SBC Meeting - Approve 90% CD Submission0 daysMon 2/9/26Mon 2/9/264/14/173/254/43/254/15/136/128/118/188/1910/910/911/41/162/42/9AMJJASONDJFMAMJJASONDJFMAMJJASONDJFMAMJJASONDJFMAMJJASONDJFMAMJJASONDJFMAMJJHalf 1, 2023Half 2, 2023Half 1, 2024Half 2, 2024Half 1, 2025Half 2, 2025Half 1, 2026Half 2, 2026Half 1, 2027Half 2, 2027Half 1, 2028Half 2, 2028Half 1, 2029Half 2, 2029TaskMilestoneSummaryKilliam Elementary School Page 2Project: 2023 09-18 Reading KiDate: Thu 8/7/25
IDTask ModeTask NameDuration Start Finish144Submit 90% CD Package to MSBA0 daysTue 2/10/26Tue 2/10/26145MSBA review of 90% Package15 daysTue 2/10/26Mon 3/2/26146District Team's Response to MSBA Review of 90% package10 daysTue 3/3/26Fri 3/13/26147Completion of the Bid Documents10 daysWed 3/18/26Mon 3/30/26148SBC Meeting - Approve Bid Document Submission1 dayTue 3/31/26Wed 4/1/26149100% CD Package MSBA Submission1 dayWed 4/1/26Thu 4/2/26150100% CD Package to MSBA14 daysThu 4/2/26Wed 4/22/26151100% CD DCAMM Designer Evaluation10 daysWed 4/22/26Tue 5/5/26152Construction Phase (MODULE 7)864.38 daysFri 10/24/25Thu 11/16/28153Early Package #01 Switchgear355.75 daysMon 11/10/25Tue 3/23/27154Bid Package for Switchgear & Generator44 daysMon 11/10/25Thu 1/8/26155Completion of the Early Bid documents21 daysMon 11/10/25Tue 12/9/25156Submit Advertisement for Early Bids1 dayTue 12/9/25Wed 12/10/25157SBC Meeting - Approve Early Package-Invitation For Bid0 daysWed 12/10/25Wed 12/10/25158Advertise for Early bid package1 dayWed 12/10/25Thu 12/11/25159Early Bid Package Submission Period16 daysThu 12/11/25Fri 1/2/26160Early Package Bids Due0 daysFri 1/2/26Fri 1/2/26161SBC Meeting - Review results/ Vote to Award0 daysFri 1/2/26Fri 1/2/26162Issue Notice of Award5 daysFri 1/2/26Thu 1/8/26163Construction for Switchgear312.63 daysFri 1/9/26Tue 3/23/27164Execute Contract5 daysFri 1/9/26Thu 1/15/26165Shop Drawings30 daysFri 1/16/26Thu 2/26/26166Fabriation and Delivery300 daysFri 2/27/26Tue 3/23/27167GC To take Deleiver of Switchgear0 daysTue 3/23/27Tue 3/23/27168Early Package #02 Earthwork Cut down to Foundation Level142.75 daysFri 10/24/25Tue 5/12/26169Early Bid Package for Earthwork41 daysFri 10/24/25Wed 12/17/25170Completion of the Early Bid documents10 daysFri 10/24/25Thu 11/6/25171Submit Advertisement for Early Bids1 dayThu 11/6/25Fri 11/7/25172SBC Meeting - Approve Early Package-Invitation For Bid0 daysFri 11/7/25Fri 11/7/25173Advertise for Early bid package1 dayFri 11/7/25Fri 11/7/25174Early Bid Package Submission Period25 daysMon 11/10/25Fri 12/12/25175Early Package Bids Due0 daysFri 12/12/25Fri 12/12/25176SBC Meeting - Review results/ Vote to Award0 daysFri 12/12/25Fri 12/12/25177Issue Notice of Award4 daysFri 12/12/25Wed 12/17/25178EP Construction - Earthwork down and back up to elevation 86.5'111.63 daysWed 12/17/25Tue 5/12/26179Execute Contract5 daysWed 12/17/25Wed 12/24/25180Shop Drawing22 daysWed 12/24/25Mon 1/26/26181Mobilize5 daysThu 1/8/26Thu 1/15/26182Fence & Erosion Control10 daysThu 1/15/26Wed 1/28/26183Excavation approx 6' cut66 daysThu 1/29/26Thu 4/23/26184Backfill approx 1.5' fill66 daysTue 2/10/26Wed 5/6/26185AS Built Final Conditions5 daysWed 5/6/26Tue 5/12/26186Early package #02 complete0 daysTue 5/12/26Tue 5/12/26187Base Contract138.5 daysWed 11/19/25Mon 6/1/26188Prequalification Base Contract90 daysWed 11/19/25Wed 3/18/26189SBC Meeting - Approve Prequal Sub Committee (PQC)0 daysWed 11/19/25Wed 11/19/25190PQC - Kick-Off0 daysWed 11/19/25Wed 11/19/25191PQC - Approve RFQ0 daysWed 11/19/25Wed 11/19/25192PQC - Submit Ad for Qualifications0 daysWed 11/19/25Wed 11/19/25193PQC - Advertise for Qualifications (GCs/FSB) online1 dayWed 11/19/25Thu 11/20/25194PQC - Qualifications Submission Period15 daysThu 11/20/25Wed 12/10/25195Qualifications Due0 daysWed 12/10/25Wed 12/10/25196PQC - Distribute & Review SOQs2 daysWed 12/10/25Fri 12/12/25197PQC - Review PreQuals70 daysFri 12/12/25Mon 3/16/262/1012/101/21/23/2311/712/1212/125/1211/1911/1911/1911/1912/10AMJJASONDJFMAMJJASONDJFMAMJJASONDJFMAMJJASONDJFMAMJJASONDJFMAMJJASONDJFMAMJJHalf 1, 2023Half 2, 2023Half 1, 2024Half 2, 2024Half 1, 2025Half 2, 2025Half 1, 2026Half 2, 2026Half 1, 2027Half 2, 2027Half 1, 2028Half 2, 2028Half 1, 2029Half 2, 2029TaskMilestoneSummaryKilliam Elementary School Page 3Project: 2023 09-18 Reading KiDate: Thu 8/7/25
IDTask ModeTask NameDuration Start Finish198PQC - Complete SOQ Review and Approve List of Contractors2 daysMon 3/16/26Wed 3/18/26199Bidding Base Contract46 daysWed 4/1/26Mon 6/1/26200Advertise for bids (Central Reg, New Paper, City Hall)5 daysWed 4/1/26Wed 4/8/26201Issue Bid Docs to Project Dog for Clerical Review 0 daysWed 4/1/26Wed 4/1/26202Bid Documents Published Online6 daysWed 4/1/26Thu 4/9/26203 Contractor Pre-Bid Briefing Session/Conference0 daysThu 4/9/26Thu 4/9/26204Filed Sub-Bid time23 daysThu 4/9/26Fri 5/8/26205 Filed Sub-Bids Due0 daysFri 5/8/26Fri 5/8/26206GC Bid Time33 daysThu 4/9/26Thu 5/21/26207 General Contractor Bids Due0 daysThu 5/21/26Thu 5/21/26208Review Results of GC Bids with SBC3 daysThu 5/21/26Wed 5/27/26209Vote to Approve GC Bid0 daysWed 5/27/26Wed 5/27/26210Issue Notice of Award0 daysWed 5/27/26Wed 5/27/26211Execute Contract4 daysWed 5/27/26Mon 6/1/26212Phase 1 - New Building Construction492.5 daysMon 6/1/26Mon 2/28/28213Notice to Proceed1 dayMon 6/1/26Tue 6/2/26214Construction437 daysMon 6/1/26Fri 12/17/27215EPA - NPDES Notice of Intent and Approval65 daysTue 6/2/26Mon 8/24/26216Substantial Completion of New School Building0 daysFri 12/17/27Fri 12/17/27217Receive Temporary Certificate of Occupancy (TCO)0 daysFri 12/17/27Fri 12/17/27218Student/Staff Tours of New Building10 daysFri 12/17/27Wed 12/29/27219Move from Existing Building to New36 daysFri 12/17/27Wed 2/2/28220Occupy5 daysSun 2/20/28Mon 2/28/28221Phase 2 - Demo and Site200 daysFri 3/3/28Thu 11/16/28222Construction200 daysFri 3/3/28Thu 11/16/28223Substantial conpletion0 daysThu 11/16/28Thu 11/16/28224Project Closeout (MODULE 8)402.5 daysFri 12/17/27Tue 5/15/29225Punchlist280.5 daysFri 12/17/27Wed 12/13/28226Contractor Punch List for Designer14 daysFri 12/17/27Tue 1/4/28227Design Team Punch List1.5 monsFri 12/17/27Tue 1/25/28228Punch List - Phase 1 Contractor to Perform Punch33 daysThu 10/5/28Thu 11/16/28229FF&E Punchlist15 daysFri 12/17/27Wed 1/5/28230FF&E Closeout20 daysThu 11/16/28Wed 12/13/28231Punch List - Phase 233 daysThu 10/5/28Thu 11/16/28232Cx275.5 daysFri 12/17/27Wed 12/6/28233Commissioning New Building4 monsFri 12/17/27Wed 3/29/28234Commissioning + 10 month 11 monsFri 12/17/27Tue 9/26/28235Final Commissioning Report to MSBA10 daysThu 11/16/28Thu 11/30/28236Commissioning Certificate of Completion to MSBA5 daysThu 11/30/28Wed 12/6/28237USGBC76 daysFri 2/9/29Tue 5/15/29238Final Construction Package to USGBC66 daysFri 2/9/29Wed 5/2/29239LEED-S Construction Application & Final Review10 daysThu 5/3/29Tue 5/15/29240USGBC issue Green School Program Certification letter0 daysTue 5/15/29Tue 5/15/29241Closeout GC - Final Change Order66 daysThu 11/16/28Fri 2/9/29242GC Request for Final Payment15 daysFri 2/9/29Wed 2/28/29243Submission of As-Builts and O&M44 daysThu 11/16/28Fri 1/12/29244DCAMM Evaluation Form following GC Final Payment10 daysWed 2/28/29Tue 3/13/29245Final Reimbursement Request Submittal to MSBA3.4 monsTue 5/15/29Wed 8/8/29246Corrective actions by GC22 daysTue 3/13/29Tue 4/10/29247MSBA Closeout33 daysTue 5/15/29Tue 6/26/29248Project Complete0 daysWed 8/8/29Wed 8/8/294/14/95/85/215/275/2712/1712/1711/165/15AMJJASONDJFMAMJJASONDJFMAMJJASONDJFMAMJJASONDJFMAMJJASONDJFMAMJJASONDJFMAMJJHalf 1, 2023Half 2, 2023Half 1, 2024Half 2, 2024Half 1, 2025Half 2, 2025Half 1, 2026Half 2, 2026Half 1, 2027Half 2, 2027Half 1, 2028Half 2, 2028Half 1, 2029Half 2, 2029TaskMilestoneSummaryKilliam Elementary School Page 4Project: 2023 09-18 Reading KiDate: Thu 8/7/25
Deborah B. Goldberg James A. MacDonald Mary L. Pichetti
Chair, State Treasurer Chief Executive Officer Executive Director / Deputy CEO
10 Post Office Square, Suite S400 ● Boston, MA 02109 ● Phone: 617-720-4466 ● www.MassSchoolBuildings.org
August 1, 2025
Mr. Matt Kraunelis, Town Manager
Town of Reading
Reading Town Hall
16 Lowell Street
Reading, MA 01867
RE: The Town of Reading’s Project Funding Agreement
J.Warren Killam Elementary School (MSBA Project No. 202102460017)
Dear Mr. Kraunelis,
Attached please find the Project Funding Agreement (the “PFA”) for the project at the J. Warren Killam Elementary
School in the Town of Reading (the “Town”).
The Town must forward one original signed copy of the PFA to the Massachusetts School Building Authority
(“MSBA”), a copy of which will be returned to the Town after it has been signed by the MSBA’s Executive
Director.
Please do not date the Agreement on the first and last pages. The PFA will be dated by the MSBA when the
MSBA’s Executive Director signs the Agreement.
The MSBA no longer requires mailed original signed hard copies with wet signatures. The MSBA now prefers
electronic copies including a verified electronic signature through a document management program such as
Adobe.
The Town must also submit one signed copy of the Certification of Legal Counsel which is being sent as a Word
document to enable the Town’s legal counsel to put the Certification on his or her letterhead. The MSBA also
prefers electronic copies of the Certification of Legal Counsel including a verified electronic signature. The
Certification of Legal Counsel requires the Town’s legal counsel to certify which local public official or
governmental body (the “Local Governing Body”) has the full legal authority to execute the PFA on behalf of the
Town and to bind the Town to its terms. The Town should keep a separate copy of the certification for the Town’s
records.
In addition, the Town will need to provide a certified copy of the vote of the Local Governing Body authorizing the
Town to enter into and be bound by the PFA and authorizing the signatory to execute the document on behalf of the
Town, if this vote is required by local charter, by-law or other applicable law or policy. The MSBA will accept
scanned certified copies of the certified vote.
Further, unless it has already been submitted to the MSBA, the Town will need to provide a certified copy of the
local funding vote and results (including the ballot question and results, if applicable) for the project. The MSBA
will accept scanned certified copies of the certified vote.
The required documents, which include: (1) one signed original of the PFA, (2) one signed copy of the Certification
of Legal Counsel, (3) a certified copy of the vote authorizing the Town to enter into and be bound by the PFA and
authorizing the signatory to execute the PFA on behalf of the Town, only if required by local charter, ordinance, by-
Page 2
August 1, 2025
J.Warren Killam Elementary School
10 Post Office Square, Suite S400 ● Boston, MA 02109 ● Phone: 617-720-4466 ● www.MassSchoolBuildings.org
law or other applicable law or policy, (4) a certified copy of the local funding vote, and (5) a completed electronic
payment form (Exhibit J to the PFA) should be e-mailed to the project’s Project Coordinator.
This documentation should be completed and returned to the MSBA within 30 calendar days from the date of this
letter. After this documentation has been properly completed and submitted to the MSBA, and the PFA has been
executed, the Town can enter its Total Project Budget into the MSBA’s ProPay System. The MSBA will include
instructions to enter the project budget with the transmittal of the fully executed PFA. Once the Town has entered
the budget and the budget has been accepted by the MSBA, then the Town can begin submitting requests for
reimbursement to the MSBA. The MSBA will not process reimbursement requests until these requirements have
been satisfied, the PFA has been fully executed, and the Total Project Budget has been accepted in the MSBA’s
ProPay System.
If you have any questions, please contact me at August.Knuth@MassSchoolBuildings.org
Regards,
August Knuth
August Knuth
Associate General Counsel
cc: Legislative Delegation
Carlo Bacci, Chair, Reading Select Board
Thomas Wise, Chair, Reading School Committee
Dr. Thomas Milaschewski, Superintendent, Reading Public Schools
Philip Littlehale, Director of Finance and Operations, Reading Public Schools
Carla Nazzaro, Chair, Reading School Building Committee
Mike Carroll, Owner’s Project Manager, Colliers Project Leaders
Leigh Sherwood, Designer, LaVallee Brensinger Architects
Jenni Katajamaki, Designer, LaVallee Brensinger Architects
File: 10.2 Letters (Region 3)
1[PLEASE put on Letterhead of Legal Counsel] Certification of Legal Counsel for the Town of Reading I, ____________, duly appointed legal counsel for the Town, hereby certify that: 1. The Town is validly organized and existing under and by virtue of the laws of the Commonwealth, has full power and authority to own its properties and carry on its business as now conducted, and has full power and authority to execute, deliver and perform its obligations under the Project Funding Agreement (the “Agreement”), and any amendments thereto, between the Town and the Massachusetts School Building Authority for the Proposed Project at the J. Warren Killam Elementary School (the “Proposed Project”) and all other related documents. 2. The Town has duly obtained all necessary votes, resolutions, authorizations, appropriations, orders, and voter approvals, in accordance with the formats prescribed by the Authority, and has taken all actions necessary or required by law to authorize the execution and delivery of the Agreement, and any amendments thereto, and to fund and perform the obligations of the Town under the Agreement and any amendments thereto. 3. The Town has sufficient ownership or a lease consistent with 963 CMR 2.09(5) for the useful life of the J. Warren Killam Elementary School. The Town will have legal authority to control and use the Proposed Project site for the useful life of the J. Warren Killam Elementary School to the extent required for continued operations, construction, and repair in a manner consistent with the Proposed Project submitted to the MSBA. 4. The Project Funding Agreement, and any amendments thereto, constitute a valid and binding obligation of the Town, enforceable in accordance with its terms, except as such enforceability may be limited by bankruptcy, insolvency, moratorium, reorganization or other laws heretofore or hereafter enacted and general equity principles. 5. The following elected or appointed governmental officer(s) or governmental body has the full legal authority under the laws of the Commonwealth of Massachusetts and all applicable local charters, ordinances and by-laws to execute and deliver the Agreement, and any amendments thereto, for the Proposed Project between the Town and the Massachusetts School Building Authority on behalf of the Town and to bind the Town to its terms and conditions: [Please list: Title/s (do not include a specific name) and Contact Information for the authorized governmental officer or governmental body signing the Project Funding Agreement. If a vote is required to authorize the governmental officer or governmental body to sign the Project Funding Agreement, please note such requirements here and submit a copy of said vote to the MSBA.] 6. The following elected or appointed governmental officer(s) or governmental body has the full legal authority under the laws of the Commonwealth of Massachusetts and all applicable local charters, ordinances and by-laws to make final, binding decisions with respect
2to the Proposed Project described in the Agreement, and any amendments thereto, on behalf of the Town: [Please list: Title/s (do not include a specific name) and Contact Information for the governmental officer or governmental body who is authorized to make final, binding decisions with respect to the Proposed Project. If a vote is required to authorize the governmental officer or governmental body to make binding decisions with respect to the Proposed Project, please note such requirements here and submit a copy of said vote to the MSBA.] I hereby further certify that, to the best of my knowledge and belief, the above-listed certifications are true, complete and accurate. IN WITNESS WHEREOF, signed this ________day of _______________, __________ _______________________________ ______________________________ Name (Print or Type) ______________________________ Office/Title (Print or Type)
District: Town of Reading
School Name: J. Warren Killam Elementary School
Project ID Number: 202102460017
Project Funding Agreement v.3.11.2025
1
PROJECT FUNDING AGREEMENT
This PROJECT FUNDING AGREEMENT, (the “Project Funding Agreement”), dated as of
_______________, 20___ (the “Effective Date”) is entered into by and between the Massachusetts
School Building Authority, an independent public authority of the Commonwealth of Massachusetts
(the “Authority”), and the Town of Reading together with its successors and assigns (the “District” or
“Owner”) (Authority and District or Owner collectively referred to herein as the “Parties”).
RECITALS
WHEREAS, the provisions of General Laws Chapter 70B, as amended (“Chapter 70B”), Chapters 208
and 210 of the Acts of 2004, and 963 CMR 2.00 et seq. authorize the Authority to provide a Total
Facilities Grant (as defined in Section 1 below) to Eligible Applicants for approved school building
construction, renovation, and repair projects; and
WHEREAS, the District has applied for and desires to receive a Total Facilities Grant from the
Authority pursuant to the provisions of Chapter 70B, Chapters 208 and 210 of the Acts of 2004, and
963 CMR 2.00 et seq. for a Project (as defined in Section 1 below) consisting of replacing the existing
J. Warren Killam Elementary School and constructing a new facility serving students in
kindergarten through grade five, plus pre-kindergarten, on the site of the existing facility as it is
more particularly described elsewhere in this Agreement; and
WHEREAS, the Authority has determined that the District’s Project is eligible for the receipt of a Total
Facilities Grant, and the District has agreed to receive a Total Facilities Grant, pursuant to a schedule
determined by the Authority and subject to al l of the terms and conditions of this Project Funding
Agreement; and
WHEREAS, the Project is in the best interests of the Commonwealth and the District with respect to
its site, type of construction, sufficiency of accommodations, open space preservation, urban
development, urban sprawl, and energy efficiency; and
WHEREAS, the District has confirmed that the Project is necessary to meet educational standards of
the curriculum frameworks established by the board of education pursuant to M.G.L. c. 69, § 1E for
anticipated enrollment levels; and
WHEREAS, the Project has a value over its useful life commensurate with the lifecycle cost of
building, operating, and maintaining the school facility; and
WHEREAS, the Project is not at a school that has been the site of an approved school project pursuant
to Chapter 70B or Chapter 645 of the Acts of 1948, as amended, within the 10 years prior to the Project
Application date, or the Project is unrelated to such previously approved project in the same school;
and
WHEREAS, the Project is within the capacity of the Authority to finance within revenues projected to
be available to the Authority; and
District: Town of Reading
School Name: J. Warren Killam Elementary School
Project ID Number: 202102460017
Project Funding Agreement v.3.11.2025
2
WHEREAS, the District has confirmed that the commissioner of education has certified that
adequate provisions have been made in the Project for children with disabilities, as defined in M.G.L.
c. 71B, § 1; and
WHEREAS, the District has procured an Owner’s Project Manager, as defined in Section 1 of this
Agreement, using a qualifications-based selection process and such Owner’s Project Manager has
been approved by the Authority; and
WHEREAS, the District has procured a Designer for the Project in accordance with the provisions of
M.G.L. c. 7C, s. 44 through 58, 963 CMR 2.04, 963 CMR 2.07(3) and any other applicable laws and
regulations and said Designer has been approved by the Authority’s Designer Selection Panel; and
WHEREAS, the Board of the Authority has voted to authorize the Executive Director to enter into a
Project Funding Agreement with the District for the Project; and
WHEREAS, the District has taken all necessary votes authorizing the Project and has authorized and
appropriated the Total Project Budget, in formats prescribed by or otherwise acceptable to the
Authority;
NOW, THEREFORE, in consideration of the promises and the mutual covenants contained in this
Project Funding Agreement, and other good and valuable consideration, the receipt and legal
sufficiency of which are hereby acknowledged, the Authority and the Dist rict, intending to be legally
bound, hereby agree as follows:
The Authority agrees to provide a Total Facilities Grant to the District, subject to all of the following
terms and conditions:
SECTION 1
DEFINITIONS
Capitalized terms that are not defined in this Section 1 shall have the meanings ascribed to them in
Chapter 70B or 963 CMR 2.00 et seq. For purposes of this Project Funding Agreement, the following
words shall have the following meanings:
“Assisted Facility” means the school facility that is eligible for and will receive either a Total Facilities
Grant or partial payment of a Total Facilities Grant pursuant to this Project Funding Agreement.
“Construction Contract Documents” means all agreements, contracts, and other documents, including,
but not limited to, the Owner-Contractor or Owner-CM at Risk Contracts and attachments thereto,
Advertisements, Instructions to Bidders, Bidding Documents, Contract Forms, Conditions of the
Contracts, Specifications, Drawings, Schedule of Values in a format acceptable to the Authority, all
addenda issued prior to execution of the Contracts, and other documents listed in the Owner -Contractor
or Owner-CM at Risk contracts and any amendments or modifications issued after execution of said
contracts, executed by and between the District and the Contractors or any other parties that set forth
the terms, conditions, requirements, and specifications for the design and construction of the Project.
For purposes of this Project Funding Agreement, the Construction Contract Documents shall also at
all times include a current construction schedule, a current Total Project Budget, and a current cash
flow projection.
District: Town of Reading
School Name: J. Warren Killam Elementary School
Project ID Number: 202102460017
Project Funding Agreement v.3.11.2025
3
“CM at Risk” or “Construction Manager at Risk” means a sole proprietorship, partnership, corporation,
or other legal entity that provides construction management at risk services as defined in G.L. c. 149A,
§ 2 and is the person or entity procured as such by the District in accordance with G.L. c. 149A, et seq.,
and who is primarily responsible for the performance and execution of the construction work on the
Project.
“Contractor” means the person or entity identified as such throughout the Construction Contract
Documents and who is primarily responsible for the performance and execution of the construction
work on the Project.
“Designer” means the individual, corporation, partnership, sole proprietorship, joint stock company,
joint venture, or other entity engaged in the practice of architecture, landscape architecture, or
engineering that meets the requirements of M.G.L. c. 7C, § 44 through 58 and has been procured and
contracted by the District to perform professional design services.
“Educational Program” means a numerical and verbal description of a specific educational program
for a specified number of students over a specified period of time, together with spaces needed to
support the program, complete to the degree that a Designer may use it as the basic document from
which to create the design of the Assisted Facility. A copy of the Educational Program for the Project
is attached hereto as Exhibit “H” and is incorporated by reference herein.
“Effective Date” means the date stated in the first paragraph of this Project Funding Agreement which
shall be the date on which this Project Funding Agreement shall take effect.
“Excusable Delay” means a delay of the Project that either (a) is solely because of a natural event, such
as flood, storms, or lightning, that is not preventable by any human agency, or (b) is reasonably
determined by the Authority to be excusable.
“Final Request and Certificate for Reimbursement” means the certificate in the form prescribed by the
Authority, submitted by the District to the Authority upon final completion of the Project, that is (1)
signed by the Owner’s Project Manager stating that, to the best of the Owner’s Project Manager’s
knowledge and belief, the Project has been completed and constructed in accordance with all
Construction Contract Documents; (2) signed by the Designer stating that, to the best of the Designer’s
knowledge and belief, the Project has been completed and constructed in accordance with the
Construction Contract Documents and all applicable building and safety codes in effect at the time of
construction, and that the Project was constructed in accordance with the applicable MSBA
sustainability requirements; and (3) signed by a duly authorized representative of the District stating,
to the best of his/her knowledge and belief, that all of the terms and conditions of this Project Funding
Agreement, all other agreements between the District and the Authority and all applicable regulations
and guidelines of the Authority have been satisfied.
“Furnishings and Equipment Schedule” means, where applicable, the complete listing of furniture,
fixtures, and equipment, as attached hereto as Exhibit “F”.
“Guaranteed Maximum Price” or “GMP” means the agreed total dollar amount for the Construction
Manager at Risk services, including the cost of the work, the general conditions, the GMP contingency,
and the fee charged by the Construction Manager at Risk firm.
District: Town of Reading
School Name: J. Warren Killam Elementary School
Project ID Number: 202102460017
Project Funding Agreement v.3.11.2025
4
“Monthly” means once each calendar month.
“Notice to Proceed” means the written communication issued by the District to the Contractor or CM
at Risk authorizing him to proceed with the Owner-Contractor or Owner-CM at Risk contract and
establishing the date for commencement of the contract time.
“Owner’s Project Manager” means the individual, corporation, partnership, sole proprietorship, joint
stock company, joint venture, or other entity under contract with, designated by, or assigned by the
District and approved by the Authority, to fully and completely manage and coordinate
administration of the Project to completion. The Owner’s Project Manager must meet the
qualifications set forth in M.G.L. c. 149, § 44A ½, 963 CMR 2.00 et seq., and all applicable policies
and guidelines of the Authority.
“Project” refers to replacing the existing J. Warren Killam Elementary School and constructing a
new facility serving students kindergarten through grade five, plus pre-kindergarten, on the site of
the existing facility as it is more particularly described elsewhere in this Agreement, which is a (1)
Capital Construction Project, (2) Major Reconstruction Project, or (3) School Project, each as defined
in Chapter 70B, §2.
“Project Cash Flow” means a detailed accounting of the projected amount of funding being received
and expended by the District during the course of the Project on a monthly basis , which is attached
hereto as Exhibit “D”.
“Project Permits” means all permits, approvals, consents, and licenses issued or granted by
governmental authorities, necessary or appropriate to the construction, completion, and occupancy of
the Project.
“Project Schedule” means the schedule for the Project, including a detailed estimated timeline as
described in 963 CMR 2.09(11), which is attached hereto as Exhibit “C”.
“Project Scope” means the scope of the Proposed Project that has been mutually agreed to by the
Authority and the District and as is attached hereto as Exhibit “B”.
“Project Scope and Budget Agreement” means the agreement described in 963 CMR 2.00, et seq.
that has been executed by the Parties and is incorporated by reference herein.
“Project Scope and Budget Conference” means the conference described in 963 CMR 2.09(9).
“Project Site” means the specific location of the Project as more fully described in Exhibit “E”
attached hereto.
“Schematic Drawings and Plans” means, where applicable to the Project, preliminary floor plans
identifying programmatic and other spaces, elevations, site plans, plot plans, topographical plans,
plans showing the location of the Project in relationship to other schools in the district, engineering
studies, and any other plans deemed necessary by the Authority.
District: Town of Reading
School Name: J. Warren Killam Elementary School
Project ID Number: 202102460017
Project Funding Agreement v.3.11.2025
5
“Subcontractor” means a person or entity that has a direct contract with the Contractor or CM at Risk
to perform a portion of the work on the Project.
“Total Facilities Grant” means the Authority’s final, approved, total financial contribution to an
Approved Project, which is calculated by the Authority pursuant to the provisions of Chapter 70B,
Chapter 208 of the Acts of 2004, and 963 CMR 2.00 et seq., and paid to the District pursuant to a
schedule established by the Authority and subject to the terms and conditions of this Project Funding
Agreement.
“Estimated Maximum Total Facilities Grant” shall mean the estimated Total Facilities Grant amount,
as set forth in the Total Project Budget (“Exhibit A’), which amount does not include reimbursement
amounts for any potentially eligible costs within the owner’s contingency and construction
contingency line items in the Total Project Budget (“Exhibit A”). The actual Total Facilities Grant
for the Project may be an amount less than the Estimated Maximum Total Facilities Grant pursuant
to the Authority’s regulations, policies, and guidelines and the provisions of this Agreement.
“Maximum Total Facilities Grant” shall mean the maximum Total Facilities Grant amount, as set
forth in the Total Project Budget (“Exhibit A”), that shall not be exceeded under any circumstances.
The Maximum Total Facilities Grant amount includes reimburse ment amounts for any potentially
eligible costs that may be expended from the owner’s contingency and the construction contingency
line items in the Total Project Budget (“Exhibit “A”) in accordance with the Authority’s regulations,
policies and guidelines and the provisions of this Agreement. The eligibility of any such costs for
reimbursement shall be determined by the Authority within its sole discretion provided that the total
amount of Project costs eligible for reimbursement, including any eligible c osts expended from the
owner’s contingency and construction contingency line items, shall not exceed the Maximum Total
Facilities Grant amount under any circumstances. The actual Total Facilities Grant for the Project
may be an amount less than the Maximum Total Facilities Grant pursuant to the Authority’s
regulations, policies, and guidelines and the provisions of this Agreement.
“Total Project Budget” means a complete and full enumeration of all costs, including both hard costs
and soft costs, so-called, that the District reasonably estimates, to the best of its knowledge and
belief, has been or will be incurred in connection with the planning, design, construction,
development, the mobilization of the operation, and the completion of the Project, approved by the
Authority, which may be updated from time to time by mutual agreement of the Parties and which is
attached hereto as Exhibit “A”.
“Vendor” means any person, entity, business, or service provider under contract or agreement with
the District to provide goods or services to the District in connection with the Project.
SECTION 2
THE PROJECT AND THE TOTAL FACILITIES GRANT
2.1 As of the Effective Date and subject to the satisfaction of or compliance with, as reasonably
determined by the Authority,: (a) all of the terms and conditions of this Project Funding Agreement,
(b) the applicable provisions of Chapter 70B, Chapters 208 and 210 of the Acts of 2004, and 963 CMR
2.00 et seq., and (c) any other rule, regulation, policy, guideline, approval, or directive of the Authority,
the Authority hereby approves the following Estimated Maximum Total Facilities Grant for the
Project: an amount that, except as specifically provided in this Section 2.1, shall under no
District: Town of Reading
School Name: J. Warren Killam Elementary School
Project ID Number: 202102460017
Project Funding Agreement v.3.11.2025
6
circumstances exceed the lesser of (i) 52.19% of the final approved, total eligible Project costs, as
determined by the Authority, (“Reimbursement Rate”) or (ii) $44,182,227.00 (“Estimated Maximum
Total Facilities Grant”). Notwithstanding the foregoing, the Authority may determine, in its sole
discretion, and subject to the limitations set forth in Section 2.3 of this Agreement , that expenditures
from the owner’s contingency and construction contingency line items of the Total Project Budget, so -
called, are eligible for reimbursement, and in the event of any such determination, the Authority may
adjust the above-stated Estimated Maximum Total Facilities Grant amount to account for the eligible,
approved owner’s and construction contingency expenditures up to a Maximum Total Facilities Grant
of $44,976,987.00. In no event shall the final, Maximum Total Facilities Grant, including any eligible
owner’s and construction contingency amounts, exceed $44,976,987.00. The Parties hereby
acknowledge and agree that the Estimated Maximum Total Facilities Grant and Maximum Total
Facilities Grant amounts set forth in this Section 2.1, are maximum amounts of funding that the District
may receive from the Authority for the Project, and that the final amount of the Total Facilities Grant
may equal an amount less than either of the aforesaid amounts , as determined by an audit conducted
by the Authority. Any costs and expenditures that are determined by the Authority to be either in excess
of the above-stated Total Facilities Grant or ineligible for payment by the Authority shall be the sole
responsibility of the District. The Reimbursement Rate set forth above, and as more fully described in
the reimbursement rate summary, attached hereto as Exhibit “I”, includes incentive reimbursement
points pursuant to G.L. c. 70B, § 10(a)(C). Any incentive reimbursement points for green/energy
efficiency that may be included in this Agreement have been provisionally assigned and are subject to
a final determination by the Authority as to the District’s eligibility to receive such incentive
reimbursement points. The Reimbursement Rate set forth above and the Total Facilities Grant shall
be subject to a decrease, as provided in Section 2.4 of this Agreement, if the Authority determines, in
its sole discretion, that the District is ineligible to receive any portion of the incentive reimbursement
points that have been provisionally assigned, as described herein, or such other incentive
reimbursement points that may be assigned by the Authority.
2.2 In the event that the Authority determines that the Project is not in accordance or compliance
with the Project Scope, the Project Schedule, the Total Project Budget, the Furnishings and Equipment
Schedule, the Construction Contract Documents, the Schematic Drawings and Plans, all of the
covenants in Section 3 of this Project Funding Agreement, all other terms and conditions of this Project
Funding Agreement, the provisions of Chapter 70B, Chapters 208 and 210 of the Acts of 2004, 963
CMR 2.00 et seq., and any other applicable rule, regulation, policy, guideline, approval, or directive of
the Authority, or is delayed (other than an Excusable Delay), then the Authority may temporarily and/or
permanently withhold payments to the District for the Project, provided that the Authority shall not
unreasonably withhold any such payments. In the event that the Authority either temporarily or
permanently withholds payment for the Project, the District hereby agrees and acknowledges that the
Authority shall have no liability for any such withholding of payment or any loss that may occur as a
result of any such withholding of payment.
2.3 The Parties hereby acknowledge and agree that, in the event that the lowest, responsible bid or
the Guaranteed Maximum Price accepted by the District for the construction of the Project is lower
than the corresponding amount set forth in the Total Project Budget, the Authority shall reduce the
Total Facilities Grant amount set forth in Section 2.1 of this Agreement accordingly. The Parties
hereby further acknowledge and agree that, in the event that the lowest, responsible bid or Guaranteed
Maximum Price accepted by the District for the construction of the Project exceeds the corresponding
amount set forth in the Total Project Budget, the Authority shall not make any adjustments to its Total
Facilities Grant on account of the bid, and the increased costs s hall be the sole responsibility of the
District: Town of Reading
School Name: J. Warren Killam Elementary School
Project ID Number: 202102460017
Project Funding Agreement v.3.11.2025
7
District. The Parties hereby further acknowledge and agree that, in the event that the lowest,
responsible bid or Guaranteed Maximum Price accepted by the District for construction of the Project
exceeds the corresponding amount set forth in the Total Project Budget, the District may use a
reasonable amount of the owner’s and/or construction contingency to fund the cost of any such budget
overrun; provided, however, that expenditures of owner’s and/or construction contingency funds for
the purpose of funding such budget overruns shall not be eligible for reimbursement by the Authority
and shall be the sole responsibility of the District.
2.4 The Reimbursement Rate for the Project is calculated as set forth in the reimbursement rate
summary, attached hereto as Exhibit “I”, and shall be subject to the provisions of M.G.L. c. 70B,
963 CMR 2.00 et seq., and the policies and guidelines of the Authority. Any incentive reimbursement
points that may be included in the calculation of the Reimbursement Rate, as it may be amended
from time to time by the written agreement of the Authority, must be earned, as determined by the
Authority in its sole discretion, and shall be subject to audit by the Authority. If the Authority
determines, in its sole discretion, that the District is ineligible to receive any portion of the incentive
reimbursement points that may be included in the calculation of the Reimbursement Rate, as it may
be amended from time to time by the written agreement of the Authority, the Authority may, in its
sole discretion, decrease the Reimbursement Rate and the Total Facilities Grant accordingly. Any
such decrease in the Reimbursement Rate, and corresponding decrease in the Total Facilities Grant,
shall be applied retroactively to all payments made to the District by the Authority under the terms of
this Agreement and to all requests for reimbursement of eligible Project costs made by the District to
the Authority under the terms of this Agreement. If the Authority determines that, as a result of a
decrease in the Reimbursement Rate, or a corresponding decrease in the Total Facilities Grant, it has
made overpayments to the District, the Authority may recover the amount of such overpayments
from the District by whatever remedies are available to it under this Agreement or under applicable
law, including, but not limited to, set off against any future payments owed to the District for
reimbursement of eligible Project costs, as determined by the Authority. Upon written demand by
the Authority, the District shall promptly return to the Authority the amount of any such
overpayments unless otherwise agreed to in writing by the Authority.
2.5 The Basis of Total Facilities Grant set forth in Exhibit A to this Agreement includes all
budgeted costs for the Feasibility Study authorized by the Authority for the Project (“Feasibility Study
Budget”) and supersedes and replaces any other Feasibility Study budget that may have been
authorized by the Authority and set forth in any Feasibility Study Agreement between the Authority
and the District. The Total Facilities Grant set forth in Section 2.1 of this Agreement is calculated by
applying the Reimbursement Rate set forth in Exhibit I of this Agreement to the Basis of Total Facilities
Grant, which includes the Feasibility Study Budget for the Project. Notwithstanding the provisions of
any Feasibility Study Agreement between the Authority and the District, the approved, eligible costs
of a Feasibility Study authorized by the Authority for the Project will be reimbursed, retroactively and
prospectively, based upon the Reimbursement Rate set forth in Section 2.1 and Exhibit I to this
Agreement. Because the Feasibility Study Budget included within the Total Project Budget in this
Agreement does not take into account any payments that may already have been made to the District
by the Authority for the costs of a Feasibility Study under a Feasibility Study Agreement between the
Authority and the District, if any, the Authority shall deduct from the Total Facilities Grant set forth
in this Agreement the amount of any payments already made to the District by the Authority for the
costs of a Feasibility Study pursuant to the provisions of any Feasibility Study Agreement. Nothing
stated in this section of this Agreement shall impair the right of the Authority to make adjustments to
the Reimbursement Rate and the Total Facilities Grant or to audit and determine ine ligible costs as
District: Town of Reading
School Name: J. Warren Killam Elementary School
Project ID Number: 202102460017
Project Funding Agreement v.3.11.2025
8
provided elsewhere in this Agreement and in the Authority’s statutes, regulations, policies, guidelines
and standards.
SECTION 3
COVENANTS
The District covenants and agrees that as long as this Project Funding Agreement is in effect, the
District shall and shall cause its employees, agents, and representatives to perform and comply with
the following covenants:
3.1 The District acknowledges and agrees that the Authority’s grant program, established pursuant
to Chapter 70B, Chapters 208 and 210 of the Acts of 2004, 963 CMR 2.00 et seq., and any other
applicable rule, regulation, policy or guideline of the Authority, is a non-entitlement, discretionary
program based on need and the District shall not be entitled to any funds from the Authority except as
provided in this Project Funding Agreement.
3.2 The District shall and shall cause its employees to comply with all provisions of this Project
Funding Agreement; all other agreements related to the Project that have been referenced herein or
otherwise approved in writing by the Authority; and all provisions of law that are applicable to the
Project and this Project Funding Agreement and the District shall take all action necessary to fulfill its
obligations under this Project Funding Agreement and under all other agreements related to the Project
that have been referenced herein or otherwise approved by the Authority.
3.3 The District hereby agrees that it shall submit all Project information, including but not limited
to, Total Project Budget information, plans, specifications, Project Schedules, and Project progress
reports, and any additional information that may be requested by the Authority, to the Authority in a
timely manner in a form satisfactory to the Authority.
3.4 The District hereby agrees that it shall use its best efforts and resources to diligently satisfy
and complete each of the terms and conditions of this Project Funding Agreement as promptly as
possible.
3.5 The District hereby acknowledges and agrees that all costs related to the Project, including
the costs identified in the Total Project Budget and costs of the items appearing in the Project
Scope, shall be subject to review and audit by the Authority, and the Authority shall determine, in
its sole discretion, whether such costs are eligible for reimbursement pursuant to this Agreement
and the Authority’s regulations, policies, and guidelines. There may be Project costs, in addition to
the items specifically identified as ineligible in the Total Project Budget, the Project Scope , the
Furnishings and Equipment Schedule, and/or other parts of this Agreement that are ineligible for
reimbursement according to such regulations, policies, and guidelines. The District hereby further
acknowledges and agrees that certain costs incurred by the District in connection with the Project shall
not be eligible for reimbursement by the Authority, pursuant to 963 CMR 2.07, 2.08, 2.09, 2.10, 2.11,
2.17 and other rules, regulations, policies, and guidelines of the Authority, including, but not limited
to, the following:
(a.) Financing and Interest Costs. The District hereby acknowledges and agrees that any
financing costs incurred by the District, including, but not limited to, interest, principal, costs
District: Town of Reading
School Name: J. Warren Killam Elementary School
Project ID Number: 202102460017
Project Funding Agreement v.3.11.2025
9
of issuance and any other cost related to short or long term bonds, notes or other certificates of
indebtedness, refunding notes or bonds, temporary loans, or any other form of indebtedness
issued by the District in relation to an Approved Project and all costs associated with credit
rating services, legal services related to the issuance of any indebtedness and financial
consulting services shall not be eligible for reimbursement by the Authority.
(b.) Legal Fees and Costs. The District hereby acknowledges and agrees that the cost of
legal services, including, but not limited to, bond counsel fees, attorney’s fees, arbitration or
mediation fees, filing fees, and any other legal fees, costs, or expenses incurred by the District
in connection with the Project shall not be eligible for reimbursement by the Authority.
(c.) Site Costs. The District hereby acknowledges and agrees that the Authority shall not
reimburse the District for any costs associated with site work that exceed eight percent (8%)
of the approved building costs of the Project, as determined by the Authority, or are
otherwise ineligible for reimbursement pursuant to the Authority’s regulations, policies, or
guidelines, including, without limitation, the Authority’s Site Cost Allowance Guidance.
(d.) Furniture, Fixtures, and Equipment Costs; Technology Costs. The District hereby
acknowledges and agrees that the Authority shall only reimburse the District for costs
associated with Furniture, Fixtures, and Equipment that are: (a) set forth on Exhibit F; (b)
eligible for reimbursement pursuant to the Authority’s regulations, policies, and guidelines;
(c) do not exceed a total of $1,200 per student, according to the enrollment agreed to in
writing by the Authority and the District; and (d) within the Total Facilities Grant amount set
forth in Section 2 of this Agreement. The District hereby further acknowledges and agrees
that the Authority shall only reimburse the District for costs associated with technology that
are: (a) set forth in this Agreement; (b) eligible for reimbursement pursuant to the
Authority’s regulations, policies, and guidelines; (c) do not exceed a total of $1,200 per
student, according to the enrollment agreed to by the Authority; and (d) within the Total
Facilities Grant amount set forth in Section 2 of this Agreement.
(e.) All other costs identified in 963 CMR 2.17(5).
All project costs and Project Scope items are subject to review and audit by the Authority, and
whether a project cost is eligible for reimbursement shall be determined by the Authority, in its sole
discretion, during the Authority’s audit of the Project.
3.6 The District hereby acknowledges and agrees that the Authority’s Total Facilities Grant is
subject to the District’s adherence to and maintenance of the Project Scope, Project Schedule, Total
Project Budget, and, where applicable, the Furnishings and Equipment Schedule, and the District shall
not make any changes, additions, or reductions to the Project Scope, Project Schedule, Total Project
Budget, or the Furnishings and Equipment Schedule without the prior written approval of the
Authority. Any increases to the Total Project Budget as set forth in Exhibit A as of the Effective Date,
shall not result in any changes to the amount of the Total Facilities Grant set forth in Section 2.1 of
this Project Funding Agreement.
3.7 The District hereby acknowledges and agrees that the Authority shall not provide any funding
for the Project in excess of the amount of the Total Facilities Grant set forth in Section 2 of this
Agreement.
District: Town of Reading
School Name: J. Warren Killam Elementary School
Project ID Number: 202102460017
Project Funding Agreement v.3.11.2025
10
3.8 The District hereby acknowledges and agrees that the Authority shall not be required or
obligated to make any payment of the Total Facilities Grant for eligible Project costs while an Event
of Default, as defined in Section 22, shall have occurred.
3.9 The District hereby acknowledges and agrees that it shall provide the Authority with an updated
Total Project Budget on a Monthly basis that shall include, but not necessarily be limited to, the
following: (a) the projected total Project costs, (b) actual expenditures to date, (c) estimated remaining
expenditures for the Project, (d) a detailed explanation of all variances from Total Project Budgets
previously submitted to the Authority, (e) all sources and amounts of funding, and (f) an updated
Project Schedule.
3.10 The District hereby agrees that, in order to demonstrate that adequate funding for the Project
is available, it shall provide the Authority in a format prescribed by or otherwise acceptable to the
Authority, with (a) an updated Capital Budget Statement; (b) an updated Project Cash Flow projection
on a Monthly basis; and (c) an updated Sources and Use Form that sets forth the sources of all of the
funding the District will apply to the project, equal to the Total Project Budget . The District hereby
further agrees that, upon the request of the Authority, it shall provide the Authority with copies of its
financial statements and other details relating to the financial condition of the District.
3.11 The District hereby acknowledges and agrees that, in the event that it receives, has received,
or is eligible to receive any insurance proceeds, damages, awards, payments, rebates, grants, or
donations from any third party or funding source, other than the Authority, for or in connection with
the Project, all such amounts shall be disclosed to the Authority in writing. Further, any amounts that
are subject to the MSBA’s Third-Party Funding Policy shall be deducted from the total amount of
eligible project costs (also known as Basis of Total Facilities Grant), as determined by the Authority,
and the remaining amount of eligible costs shall be apportioned according to the District’s
reimbursement rate to calculate the maximum Total Facilities Grant.
3.12 The District shall use the Authority’s Contract for Project Management Services, Contract for
Designer Services, and any other standard contracts, contract provisions, guidelines, procurement
documents, requests for services, and forms prescribed by, or otherwise acceptable to, the Authority to
procure and hire any Owner’s Project Manager, Designer, Contractor,, CM at Risk, professionals, or
Consultants in connection with the Project.
3.13 During the course of the Project, the District shall investigate and review, and shall require the
Owner’s Project Manager, if required for the Project, and the Designer to investigate and review the
progress and quality and construction of the Project. The District shall undertake all reasonable efforts
designed to ensure that the Contractor or CM at Risk, Subcontractors, and all Vendors expeditiously
and diligently construct, equip, and complete the Project in a good and workmanlike manner.
3.14 The District hereby acknowledges and agrees that it shall keep all records related to the Project
including, but not limited to, those records described in 963 CMR 2.17(4), for as long as the Assisted
Facility is in service as a public school or remains under the ownership or control of the District or for
such period of time as is prescribed by applicable law relating to the retention of public records,
whichever is longer. The District shall and shall cause its employees, agents, representatives, and its
Owner’s Project Manager, Designer, Contractor or CM at Risk, and Vendors to keep adequate records
District: Town of Reading
School Name: J. Warren Killam Elementary School
Project ID Number: 202102460017
Project Funding Agreement v.3.11.2025
11
of the Project and shall make all Project records and the Project site available to the Authority,
representatives of the Authority, and the Authority’s Commissioning Consultant.
3.15 The District shall neither change nor permit a change of the Designer or any of its key personnel
or sub-consultants without the prior written approval of the Authority in accordance with the provisions
of 963 CMR 2.07(3). If there is any change or proposed change in the Designer or any of its key
personnel or subconsultants, the District shall give a written notice to the Authority that shall include
a statement of reasons for the change or proposed change and an explana tion of the impact of the
change or proposed change on the Project. The District shall not contract with a new Designer without
first obtaining the Authority’s written approval of the new Designer. The District shall comply with
all applicable provisions of law in the procurement of a new Designer.
3.16 The District shall not change the Contractor or CM at Risk without first giving prior written
notice to the Authority of the District’s intent to make such a change in accordance with the provisions
of 963 CMR 2.07(3). As part of its written notice to the Authority, the District shall provide a statement
of reasons for the proposed change and an explanation of the impact of the change on the Project. The
District shall comply with all applicable provisions of law in selecting or otherwise allowing a new
Contractor to take over the Project and the District shall provide written notice to the Authority
identifying the new Contractor or CM at Risk and describing the process by which the new Contractor
or CM at Risk was selected for or otherwise took over the Project.
3.17 By no later than ten (10) days after the Effective Date, the District shall certify to the Authority
in writing that it has delivered this Project Funding Agreement to any Designer, Owner’s Project
Manager, and Contractor or CM at Risk hired, or otherwise assigned to the Project, by the District and
shall provide the Authority with copies of the transmittal letters and any documents evidencing such
delivery. In the event that the Owner’s Project Manager, Designer, Contractor or CM at Risk is hired
or assigned by the District after the Effective Date, the District shall deliver this Project Funding
Agreement to said Owner’s Project Manager, Designer, Contractor or CM at Risk within ten (10) days
after the effective date of hire or assignment.
3.18 With respect to all actions taken in relation to the Project, the District and all of its officers,
agents and employees shall observe and obey, and shall include language in all of its contracts with
the Owner’s Project Manager, Designer, Contractor or CM at Risk, and all Vendors requiring them to
observe and obey, all federal, state and local laws, regulations, ordinances, codes, statutes, orders and
directives and any other applicable provisions of law.
3.19 The District shall require the Contractor or CM at Risk to indemnify the Authority and comply
with the indemnification requirements set forth in Section 16 of this Project Funding Agreement.
Within sixty (60) days after the Effective Date, the District shall provide the Authority with written
documentation evidencing such indemnification of the Authority, unless otherwise agreed in writing
by the Authority. In the event that the Contractor or CM at Risk is hired or assigned by the District
after the Effective Date, the District shall provide such written documentation evidencing such
indemnification within ten (10) days after the effective date of hire or assignment. In the event that
the District does not obtain indemnification of the Authority from the Contractor or CM at Risk within
these deadlines, the Authority may terminate this Project Funding Agreement.
3.20 The District shall furnish to the Authority such further affidavits, certificates, opinions of
counsel, surveys and other documents and instruments as may be required by the Authority to ensure
District: Town of Reading
School Name: J. Warren Killam Elementary School
Project ID Number: 202102460017
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that the terms of this Project Funding Agreement are being observed and performed in all respects, and
that the Project is progressing satisfactorily as planned in strict compliance with all applicable federal,
state and local laws, regulations, ordinances, codes, statutes, orders and directives and any other
applicable provisions of law.
3.21 During the course of the Project, the District shall submit to the Authority a list of all proposed
changes (in the form of a Potential Change Order log, so-called) and all actual changes, amendments,
addenda to the Construction Contract Documents, the Owner-Designer contract and the Owner-OPM
contract. The District shall submit all executed change orders, extra work orders, or modifications to
the Project to the Authority for the Authority to consider whether the costs associated with such change
orders, extra work orders, or modifications are eligible for reimbursement by the Authority pursuant
to this Project Funding Agreement. The District hereby acknowledges and agrees that the Authority’s
review of the proposed change orders, change orders, and amendments shall be limited to whether the
change order or amendment may be eligible for reimbursement pursuant to this Agreement and the
Authority’s regulations, policies, and guidelines. The District must independently determine whether
the proposed change order or amendment is reasonable and necessary for the Project. Nothing stated
herein shall relieve the District of its obligation to comply with all applicable law related to the
processing of change orders and amendments by the District.
3.22 The District shall undertake all reasonable efforts to ensure that the Contractor or CM at Risk
and Subcontractors obtain all Project Permits and shall certify to the Authority in writing that the
Contractor or CM at Risk and Subcontractors have obtained such Project Permits within fifteen (15)
days after the Project Permits have been obtained. With respect to any of the Project Permits that are
required by law to be recorded or filed with any government office, the same shall be duly recorded
and filed in accordance with all applicable requirements. The Authority shall have the right to request
copies of Project Permits at any time, and the District shall make available any Project Permits
requested by the Authority.
3.23 Prior to receiving final payment from the Authority, the District shall have obtained all required
inspections and approvals of the Project that are required by law or otherwise required by the Authority.
3.24 The District hereby acknowledges and agrees that the Authority shall engage an independent
party, not affiliated or associated with the Owner’s Project Manager, Designer , Contractor or CM at
Risk, to provide commissioning services with the intent of achieving, verifying and documenting the
performance of building systems in accordance with the design intent and the functional and
operational needs of the District (hereinafter “Commissioning Consultant”). The District agrees that
it shall fully cooperate with and accommodate the commissioning efforts undertaken by the Authority
and the Commissioning Consultant and shall require the Owner’s Project Manager, Designer, and the
Contractor or CM at Risk to provide the same level of cooperation and accommodation. The District
further agrees to allow adequate time within its Project Schedule to allow the Authority’s
Commissioning Consultant to perform its work, and the Authority shall not be responsible for any
delays that may result from the Commissioning Consultant’s work.
3.25 Within ninety (90) days after the District approves final payment to the Contractor or CM at
Risk for the Project, or provides such other appropriate documentation, as reasonably determined by
the Authority, indicating that the construction of the Project is one hundred percent (100%) complete,
the District shall submit to the Authority a Final Request and Certificate for Reimbursement and an
District: Town of Reading
School Name: J. Warren Killam Elementary School
Project ID Number: 202102460017
Project Funding Agreement v.3.11.2025
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accounting of the total final Project costs in a form prescribed by or otherwise acceptable to the
Authority.
3.26 The District hereby agrees that, upon completion of the Project, the Assisted Facility shall have
an anticipated useful life of at least 50 years as a public school or that the Project will materially extend
the useful life of the School and preserve an asset that otherwise is capable of supporting the required
Educational Program.
3.27 The District hereby acknowledges and agrees that neither the District nor any of its employees,
officials, or agents shall submit any false or intentionally misleading information or documentation to
the Authority in connection with this Project Funding Agreement, and further acknowledges and agrees
that the submission of any such information or documentation shall be a material breach of this Project
Funding Agreement and shall be cause for the Authority to revoke any and all payments otherwise due
to the District, to recover any previous payments made to the District, and/or make the District
ineligible for any further funding from the Authority. The District hereby further agrees that it shall
have a continuing obligation to update and notify the Authority in writing when it knows or has any
reason to know that any information or documentation submitted to the Authority contains false,
misleading or incorrect information.
3.28 The District hereby acknowledges and agrees that the Authority shall bear no responsibility,
cost or liability for the results of any study, environmental assessment, geotechnical site testing,
including but not limited to, site remediation, clean-up, or other site remediation services.
3.29 The District hereby acknowledges and agrees that the requirements set forth in the Agreement
are intended solely for the benefit and protection of the Authority as the grantor of Project funding.
Nothing herein shall be construed as advice to, nor create a duty to provide advice to, the District
regarding legal or contractual requirements or best practices for the Project. It is solely the obligation
of the District to determine and comply with all legal requirements applicable to the Project and to
determine and enforce any necessary contractual requirements and obligations of its Designer, Owner’s
Project Manager, and Contractor or CM at Risk.
3.30 The District shall not issue the Notice to Proceed prior to the Effective Date unless otherwise
agreed to in writing by the Authority.
3.31 The District shall use its best efforts to monitor the performance of the Owner’s Project
Manager, Designer, Contractor or CM at Risk, and Vendors and shall use its best efforts to enforce the
provisions of the District’s contracts with each of them.
3.32 The District shall not combine, consolidate, or conjoin in any way the procurement, pre -
qualification or selection of an Owner’s Project Manager, Designer, Contractor, CM at Risk at Risk,
Subcontractor, consultant or vendor for the Project with the procurement, pre -qualification or selection
of an Owner’s Project Manager, Designer, Contractor, CM at Risk at Risk, Subcontractor, consultant
or vendor for any other construction, repair or renovation project without the express prior written
approval of a duly authorized representative of the Authority. Any costs incurred by the District that
relate to, or arise out of, the use of a combined, consolidated or conjoined procurement, pre -
qualification or selection process as proscribed above, including, but not limited to, the preparation of
bid documents, requests for services, and requests for qualifications, without the express prior written
approval of a duly authorized representative of the Authority shall not be eligible for reimbursement.
District: Town of Reading
School Name: J. Warren Killam Elementary School
Project ID Number: 202102460017
Project Funding Agreement v.3.11.2025
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3.33 Specifications for Construction Contract Documents shall comply with, among other things,
the provisions of G.L. c. 30, § 39M(b). If the District intends to include specifications that are written
for less than full competition for one or more items of material furnished under the Construction
Contract Documents (so-called “proprietary specifications”) as described in G.L. c. 30, § 39M(b), the
District shall provide to the Designer for inclusion with the Designer’s Construction Documents
submittals to the Authority the supporting documentation required by G.L. c. 30, § 39M(b). Upon
request by the Authority, the District shall submit to the Authority, all documentation required by G.L.
c. 30, § 39M(b) and any additional documentation or certifications that the Authority may require. If
the District fails to comply with the provisions of G.L. c. 30, § 39M(b) or this paragraph, the Authority
may deem ineligible some or all of the costs related to such proprietary specifications.
3.34 The District hereby agrees, that upon three or more years of the Assisted Facility being
constructed and occupied, the District shall participate in the Authority's Post Occupancy Evaluation
program. The District hereby further agrees that it shall collaborate and coordinate with MSBA staff
and provide school-specific data and/or documentation in order to complete
the Post Occupancy Evaluation in a timely manner and in a form satisfactory to the Authority,
including but not limited to, surveys, online data collection forms, and questionnaires. Further, the
District agrees to participate in a site visit conducted by the Authority at the Assisted Facility in
accordance with MSBA's guidelines.
SECTION 4
REPRESENTATIONS AND WARRANTIES
The District and the undersigned, for themselves and for the District, hereby warrant and represent that
each of the following statements is true, correct and complete:
4.1 The District is validly organized and existing under and by virtue of the laws of the
Commonwealth, has full power and authority to own its properties and carry on its business as now
conducted, and has full power and authority to execute, deliver and per form its obligations under this
Project Funding Agreement.
4.2 The District is duly authorized and has taken all necessary steps to authorize the execution and
delivery of this Project Funding Agreement and to perform and consummate all transactions
contemplated by this Project Funding Agreement. The undersigned have been duly authorized in
accordance with law to execute and deliver this Project Funding Agreement on behalf of the District.
This Project Funding Agreement and its execution by the undersigned does not and will not, to any
material extent, conflict with or result in the violation of any charter, by-law, ordinance, order, rule,
regulation, statute or any other applicable provision of law or any order, rule, regulation or judgment
of any court or other agency of government.
4.3 The District has all requisite legal power and authority to own, or to control in accordance with
the provisions of 963 CMR 2.09(5)(a), and to operate the Assisted Facility and Project Site for the
useful life of the Assisted Facility.
4.4 The District holds fee simple title, or, in the alternative, a lease in accordance with the
provisions of 963 CMR 2.09(5)(a), to the Assisted Facility and the Project Site and any easements and
District: Town of Reading
School Name: J. Warren Killam Elementary School
Project ID Number: 202102460017
Project Funding Agreement v.3.11.2025
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rights-of-way, necessary to ensure the undisturbed use and possession of the Assisted Facility and
Project Site.
4.5 No information furnished by or on behalf of the District to the Authority in this Project Funding
Agreement, including all Exhibits attached hereto, the Project Scope and Budget Agreement, the
Feasibility Study Agreement, the Initial Compliance Certificat ion, or any other document, certificate
or written statement furnished to the Authority in connection with the Statement of Interest or Project
contains any untrue statement of a material fact or omits any material fact necessary to make the
statements contained in this Agreement or in the aforementioned documents not misleading in light of
the circumstances in which the same were made.
4.6 The District has duly obtained all necessary votes, resolutions, appropriations, and local
approvals for the Project, in accordance with formats prescribed by or otherwise acceptable to the
Authority, and has taken all actions necessary or required by law to enable it to enter into this Project
Funding Agreement and to fund and perform its obligations hereunder in accordance with the
Authority’s policies and standards. This Project Funding Agreement constitutes a valid and binding
obligation of the District, enforceable in accordance with its terms, except as such enforceability may
be limited by bankruptcy, insolvency, moratorium, reorganization or other laws heretofore or hereafter
enacted and general equity principles.
4.7 The District has read and fully understands and shall remain in compliance with Chapter 70B;
Chapter 208 and 210 of the Acts of 2004; 963 CMR 2.00 et seq., and all other applicable rules,
regulations, policies, guidelines, approvals, directives, and procedures of the Authority.
4.9 The District has read and fully understands the provisions of 963 CMR 2.09 and warrants and
represents that the Project has been designed and constructed in accordance with the requirements and
standards set forth in 963 CMR 2.09.
4.10 The District has read and fully understands the provisions of 963 CMR 2.17 and understands
that certain costs and expenses incurred by the District in connection with the Project shall not be
eligible for reimbursement by the Authority, including, but not limited to, those items listed in 963
CMR 2.17 and/or identified in this Agreement.
4.11 The District has read and fully understands the provisions of 963 CMR 2.17(4) and has a record
keeping system in place to file, track, and retain all records related to the Project for as long as the
Assisted Facility is in service as a public school or remains under the ownership of the District or for
such period of time as is prescribed by applicable law relating to the retention of public records,
whichever is longer.
4.12 The Project has successfully undergone review and obtained all necessary approvals, or shall
have successfully undergone review and obtained all necessary approvals prior to the solicitation of
construction bids, by any departments or agencies of the Commonwealth required by law to review such
projects, including, but not limited to, the Massachusetts Historical Commission, the Massachusetts
Commission Against Discrimination, the Secretary of Environmental Affairs, and the Architectural
Access Board in accordance with all applicable laws and regulations and the District has provided, or
shall have provided prior to the solicitation of construction bids, any written documentation evidencing
such reviews and/or approvals to the Authority.
District: Town of Reading
School Name: J. Warren Killam Elementary School
Project ID Number: 202102460017
Project Funding Agreement v.3.11.2025
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4.13 No litigation before or by any court, public board or body is pending against either the District
or the Authority seeking to restrain or enjoin the execution and delivery of this Project Funding
Agreement or the construction or operation of the Project, or contesting or affecting the validity of this
Project Funding Agreement or the power of the District to pay its share of the Project.
4.14 The District has read and fully understands the provisions of the Massachusetts Conflict of
Interest law, M.G.L. c. 268A, and has implemented policies and procedures to ensure that all District
employees, agents, consultants, and representatives and the Owner’s Project Manager, Designer,
Contractor, and Vendors working on or for the Project are in compliance with M.G.L. c. 268A to the
extent that it is applicable.
4.15 The District meets all of the applicable requirements of M.G.L. c. 7C, §44A through 58,
inclusive; c. 70B; c. 149; chapter 193 of the Acts of 2004; 963 CMR 2.00 et seq.; and all other
applicable provisions of federal, state, and local law, and has implemented policies and procedures to
ensure that all District employees, agents, consultants, and representatives and the Owner’s Project
Manager, Designer, Contractor, and Vendors working on or for the Project are in compliance with the
applicable requirements of M.G.L. c. 7C, § 44A through 58, inclusive; c. 70B; c. 149; chapter 193 of
the Acts of 2004; 963 CMR 2.00 et seq.; and all other applicable provisions of federal, state, and local
law.
4.16 The District has implemented policies and procedures to prevent and eliminate fraud, waste ,
and abuse of public funds in connection with the Project.
4.17 The District has submitted all audit materials requested by the Authority in connection with
any project for which the District has received or anticipates receiving funding from the Authority.
4.18 The District has submitted to the Authority a completed electronic payments form, as
prescribed by the Authority and attached hereto as in accordance with the instructions stated on the
form.
4.19 In each fiscal year since fiscal year 1999, the District has spent at least 50% of the sum of the
District’s calculated foundation budget amounts for the purposes of foundation utility and ordinary
maintenance expenses and extraordinary maintenance allotm ent as defined in M.G.L. c. 70 for those
purposes.
4.20 All meetings of all public bodies in the District that relate in any way to the Project, including,
but not limited to, the meetings of the District’s school building committee, have been conducted, and
shall be conducted, in compliance with the provisions of G.L. c. 30A, §§ 18 – 25, 940 CMR 29.00 et
seq., and all other applicable law.
4.21 The District shall work with its local counsel to ensure that any contracts related to the Project,
to which the District is a party, meet the applicable requirements of M.G.L. c. 149, § 44A (2)(g), and
contain workforce participation goals for minorities and women, and include the processes and
procedures to ensure compliance with the workforce participation goals, including reporting and
enforcement provisions.
The District shall work with its local counsel to ensure that any contracts related to the Project, to
which the District is a party, meet the applicable requirements of M.G.L. c . 7C, §6 and M.G.L. c. 7,
District: Town of Reading
School Name: J. Warren Killam Elementary School
Project ID Number: 202102460017
Project Funding Agreement v.3.11.2025
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§61, and contain Annual Program Goals for Minority Business Enterprise (“MBE”) and Women
Business Enterprise (“WBE”) Participation, and include the processes and procedures to ensure
compliance with the Minority and Women Business Goals, including reportin g and enforcement
provisions.
SECTION 5
DISBURSEMENT OF TOTAL FACILITIES GRANT
Subject to the terms and conditions of this Project Funding Agreement, the Authority shall disburse
Total Facilities Grant funds to the District in accordance with and subject to the following:
5.1 (a.) Using the Authority’s Pro-Pay system, the District shall submit requests for reimbursement
to the Authority on a Monthly basis in a format and manner prescribed by the Authority. Each Monthly
request for reimbursement shall be approved locally by a duly authorized representative of the District,
shall be in a form prescribed by or otherwise acceptable to the Authority, and shall include, in
reasonable detail: (1) the amount of reimbursement requested, (2) the nature of the materials, property,
or services received, (3) the total value of the work performed and materials furnished by each of the
Designer, Contractor, Owner’s Project Manager, and each Vendor to date, (4) the value of the work
completed during the reimbursement period, and (5) the percentage of completion to date for each line
item of work.
(b.) Each request for reimbursement submitted by the District shall be accompanied by (1) the
invoices for each of the amounts requisitioned, (2) proof of payment by the District, and (3) any other
supporting documentation and information substantiating the District’s request for reimbursement, as
the Authority may request, in a form satisfactory to the Authority.
(c.) Each request for reimbursement shall include a written certification signed by a duly
authorized representative of the District stating that: (1) such request for reimbursement is solely for
costs incurred by the District in connection with the Project, (2) the obligations itemized in the request
for reimbursement have not been the basis for a prior request for reimbursement submitted by the
District that has been paid or rejected by the Authority, unless otherwise directed by the Authority, (3)
the request for reimbursement is for work actually and properly performed or for materials or property
properly identified in the request for reimbursement as not incorporated in the work but delivered and
suitably stored at the Project Site, (4) the request for reimbursement properly identifies materials or
property approved for payment by the District as stored off the Project Site, with all costs of storage,
insurance, perpetual inventory, monthly inspection and any maintenance requirement borne by the
Contractor, and that the District has received the necessary proof of insurance and titles to the materials
or property prior to payment to the Contractor, (5) the District has disclosed any rebates, monetary
settlements, grants, monetary donations, surety bond payments, insurance proceeds, or any other
funding from a third party, other than the Authority, that it has received or will receive in connection
with the Project that is the subject of the request for reimbursement, (6) the request for reimbursement
is for costs that already have been duly paid by the District, and (7) the request for reimbursement is
within the Total Project Budget approved by the Authority.
(d.) After receipt from the District of a timely and properly submitted request for
reimbursement, the Authority shall make a reasonable effort to reimburse the District for the
Authority’s share of eligible Project costs, subject to the terms and conditio ns of this Project Funding
District: Town of Reading
School Name: J. Warren Killam Elementary School
Project ID Number: 202102460017
Project Funding Agreement v.3.11.2025
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Agreement, within 15 days of receiving such request for reimbursement. The District hereby
acknowledges and agrees that the amount of eligible Project costs reimbursed by the Authority may be
subject to change depending on the results of an audit conducted by the Authority pursuant to Sections
5 and 6 of this Project Funding Agreement.
5.2 The Authority may review and perform a preliminary audit on each request for reimbursement
submitted pursuant to this Section 5 to ensure that only eligible, approved costs of the Project are
reimbursed by the Authority. In the event that the Authority determines that an item contained in a
request for reimbursement submitted by the District is not eligible for reimbursement by the Authority,
the Authority shall adjust a pending or a subsequent reimbursement to the District to account for the
ineligible costs. The District hereby acknowledges and agrees that each audit conducted pursuant to
this Section 5 is preliminary, and the Authority may further adjust and alter the results of a preliminary
audit after conducting subsequent audits or the final project cost audit of the Project pursuant to Section
6 of this Project Funding Agreement.
5.3 Notwithstanding any other provisions of this Project Funding Agreement to the contrary, in no
event shall disbursements of the Total Facilities Grant by the Authority exceed, in the aggregate,
ninety-five percent (95%) of the Total Facilities Grant descri bed in Section 2 of this Project Funding
Agreement, unless the District has filed a Final Request and Certificate for Reimbursement and the
Authority has completed a final project cost audit of the Project pursuant to Section 6 of this Project
Funding Agreement.
SECTION 6
FINAL PROJECT COST AUDIT
6.1 Upon the filing of a Final Request and Certificate for Reimbursement with the Authority or at
a time determined by the Authority, the Authority shall conduct a final, close -out project cost audit of
the Project, including a review of all requests for reimbursement and other documentation submitted
to the Authority during the course of the Project, any other documents or materials that the Authority
may request, and an inspection of the Project, to determine the final Total Facilities Grant. The Distric t
hereby agrees and acknowledges that the Contractor’s, Owner’s Project Manager’s and Designer’s
records shall be subject to audit by the Authority and such records shall include, but not be limited to,
to the extent applicable, accounting records, written policies and procedures, Subcontractor files
(including proposals of successful and unsuccessful bidders, bid tabulations, etc .), original estimates,
estimating work sheets, correspondence, change order files (including documentation covering
negotiated settlements), backcharge logs and supporting documentation, general ledger entries
detailing cash and trade discounts earned, insurance rebates and dividends, and any other Contractor
records which may have a bearing on matters of interest to the Authority in connection with the
Contractor’s work for the District. All of the foregoing shall be open to inspection and subject to audit
and/or reproduction by the Authority and/or its agent and/or its authorized representative to the extent
necessary to adequately permit evaluation and verification of (a) Contractor compliance with all
requirements of the Construction Contract Documents, and (b) compliance with provisions for pricing
change orders, invoices or claims submitted by the Contractor or any of his payees.
6.2 Other specific records subject to audit by the Authority shall include all information, materials
and data of every kind and character such as documents, subscriptions, recordings, computerized
information, agreements, purchase orders, leases, contracts, commitments, arrangements,
correspondence, electronic mail, invoices, notes, daily diaries, photographs, videos, meeting minutes,
District: Town of Reading
School Name: J. Warren Killam Elementary School
Project ID Number: 202102460017
Project Funding Agreement v.3.11.2025
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field reports, superintendent reports, drawings, receipts, vouchers and memoranda, and any and all
other agreements, sources of information that may in the Authority’s judgment have any bearing on or
pertain to any matters, rights, duties or obligations under or covered by any District documents,
Designer documents, Owner’s Project Manager documents, Vendor documents or Construction
Contract Documents. Such records subject to audit shall also include those records necessary to
evaluate and verify direct and indirect costs, (including overhead allocations) as they may apply to
costs associated with the Project. In those situations where said records have been generated from
computerized data (whether mainframe, mini-computer, PC based or other computer systems), the
District agrees to provide the Authority with extracts of data files in computer readable format on data
disks or suitable alternative computer data exchange formats.
6.3 Upon satisfactory completion of the final project cost audit, as reasonably determined by the
Authority, the Authority shall send an audit report and acceptance form and release to the District and,
subject to the execution of the acceptance form and release by the District and final approval by the
Authority’s Board of Directors, make a final payment of the Total Facilities Grant to the District, less
all adjustments for ineligible Project costs and any other adjustments that the Authority reasonably
determines as necessary.
6.4 Notwithstanding any provisions in this Project Funding Agreement to the contrary, the
ninetieth (90th) day after the District approves final payment to the Contractor for the Project or the
ninetieth (90th) day after the District provides sufficient documentation, as reasonably determined by
the Authority, indicating that the construction of the Project is approximately one-hundred percent
(100%) complete or such other time, as the Authority may determine in its sole discretion, shall be the
final cut-off date for incurring Project costs that may be eligible for reimbursement by the Authority.
SECTION 7
OWNER’S PROJECT MANAGER
7.1 The District shall neither change nor permit a change of the Owner’s Project Manager or any
of its key personnel or subconsultants without the prior written approval of the Authority. If there is
any change or proposed change in the Owner’s Project Manager or any of its key personnel or
subconsultants, the District shall give a written notice to the Authority that shall include a statement of
reasons for the change or proposed change and an explanation of the impact of the change or proposed
change on the Project. The District shall not contract with or otherwise assign a new Owner’s Project
Manager without first obtaining the Authority’s written approval of the new Owner’s Project Manager.
The District shall comply with all applicable provisions of law in the procurement or assignment of a
new Owner’s Project Manager.
7.2 The District shall make all reasonable efforts to ensure that the Owner’s Project Manager
complies with all provisions of any contract between the District and the Owner’s Project Manager,
and the Authority’s regulations, guidelines and policies, and shall use its best efforts to enforce its
rights thereunder. If the Owner’s Project Manager is an existing employee of the District, the District
shall exercise such supervision, control and direction over its employee-Owner’s Project Manager as
is necessary to enforce and perform its obligations under any agreement with the Authority; the
Authority’s regulations, policies and guidelines; any certification filed with the Authority, and any
terms and conditions imposed by the Authority. The District shall also ensure that any consultant who
is directly hired by the District to perform any portion of the project management services for the
Project shall comply with the provisions of any contract between the District and said consultant.
District: Town of Reading
School Name: J. Warren Killam Elementary School
Project ID Number: 202102460017
Project Funding Agreement v.3.11.2025
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7.3 If the Authority determines (1) that the Owner’s Project Manager is not performing its
obligations in accordance with the provisions of the Owner-Owner’s Project Manager contract,
Chapter 70B, Chapters 208 and 210 of the Acts of 2004, 963 CMR 2.00 et seq. and any policies,
approvals, directives, and guidelines of the Authority, or (2) that the District, knowing or having reason
to know that the Owner’s Project Manager is not performing its obligations in accordance with the
provisions of the Owner-Owner’s Project Manager contract, Chapter 70B, Chapters 208 and 210 of
the Acts of 2004, 963 CMR 2.00 et seq., and any policies, approvals, directives, and guidelines of the
Authority, has failed to use its best efforts to enforce its rights under the Owner -Owner’s Project
Manager Contract, or (3) if the District fails to perform its obligations under any provisions of this
Project Funding Agreement that relate to services of the Owner’s Project Manager, the Authority
reserves the right to withhold payments to the District, to recoup payments already made to the District,
and/or to set off against payments due to the District, any otherwise eligible costs, as determined by
the Authority, that relate to reimbursement to the District for Owner’s Project Manager services
7.4 The District hereby agrees that the Authority shall have free access to, and open
communication with, any Owner’s Project Manager hired by and/or assigned to the Project by the
District and that the Authority shall have full and complete access to all info rmation and documentation
relating to the Project to the same extent that the District has such access. The District agrees that it
shall require any such Owner’s Project Manager to fully cooperate with the Authority in all matters
related to the Project; to promptly communicate, transmit, and/or make available for inspection and
copying any and all information and documentation requested by the Authority; to fully, accurately
and promptly complete all forms and writings requested by the Authority; and to give complete,
accurate, and prompt responses to any and all questions, inquiries and requests for information posed
by the Authority. The District agrees that it shall not in any way, directly or indirectly, limit, obstruct,
censor, hinder or otherwise interfere with the free flow of communication and information between the
Owner’s Project Manager and the Authority in all matters related to the Project and as provided herein;
that it shall not suffer the same to occur by the act or omission of any o ther person or entity; and that
it shall not retaliate against the Owner’s Project Manager for communicating information to the
Authority as provided herein. The District agrees to execute, deliver and/or communicate to the
Owner’s Project Manager any and all authorizations, approvals, waivers, agreements, directives, and
actions that are necessary to fulfill its obligations under this paragraph. The District further agrees that
the Authority shall bear no liability whatsoever arising out of the Authority ’s knowledge or receipt of
information communicated to the Authority by the Owner’s Project Manager and that the District shall
remain responsible for the management and completion of the Project.
SECTION 8
DUTY TO BUILD, MAINTAIN AND OPERATE
8.1 The District hereby acknowledges and agrees that, in the event that the District does not
complete the Project or otherwise fails to operate and maintain the Assisted Facility as a public school
in substantial compliance with the Educational Program filed with the Authority as part of its
Application and in accordance with the provisions of this Project Funding Agreement, Chapter 70B,
Chapter 208 and 210 of the Acts of 2004, 963 CMR 2.00 et seq. and any rules, regulations, policies,
and guidelines of the Authority, the District shall reimburse the Authority the full amount of any and
all funds received from the Authority in connection with the Project.
District: Town of Reading
School Name: J. Warren Killam Elementary School
Project ID Number: 202102460017
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8.2 The District shall maintain the Assisted Facility as a public school in substantial compliance
with the Educational Program and in accordance with the provisions of this Project Funding
Agreement, Chapter 70B, and 963 CMR 2.00 et seq., Chapter 208 and 210 of the Acts of 2004, 963
CMR 2.00 et seq. and any rules, regulations, policies, and guidelines of the Authority, unless otherwise
agreed to in writing by the Authority. In the event that the District knows or has reason to know that
the Assisted Facility is no longer operated and maintained as a public school in substantial compliance
with the Educational Program and in accordance with the provisions of this Project Funding
Agreement, Chapter 70B, and 963 CMR 2.00 et seq., Chapter 208 and 210 of the Acts of 2004, 963
CMR 2.00 et seq. and any rules, regulations, policies, and guidelines of the Authority, the District shall
give written notice thereof to the Authority.
8.3 The District shall maintain the Assisted Facility in a good, safe and habitable condition in all
respects and in full compliance with all applicable laws, by-laws, ordinances, codes, covenants and
rules and regulations set forth by any government authority with jurisdiction over matters concerning
the condition and the use of the Assisted Facility.
SECTION 9
INSURANCE
9.1 The District shall obtain and maintain all insurance required by law and such other insurance
in such types and in such amounts as the Authority may require from time to time.
9.1.1 During the course of the Project, the District shall purchase and maintain, or shall cause
the Contractor or CM at Risk to purchase and maintain, at their own expense, coverage
against loss or damage to the Project in an amount equivalent to the Total Project
Budget at the sole expense of the District, Contractor or CM at Risk, as the case may
be. Such coverage shall be written on an "all risks" basis or equivalent form and shall
include, without limitation, insurance against the perils of fire (with extended
coverage) and theft, vandalism, malicious mischief, terrorism, collapse, earthquake,
flood (if the Project is not in an "A" or "V" flood zone), windstorm, falsework, testing
and startup, and debris removal including demolition occasioned by enforcement of
any applicable legal requirements. The limits for earthquake and flood shall be the
lesser of the Total Project Budget or $10,000,000. The policy shall include
transportation and coverage for delivered and/or stored materials designated to be
incorporated into the Project. The policy shall include the Authority as a loss payee as
its interests may appear. Coverage shall be maintained until final acceptance of the
Project by the District and final payment has been made. The District (or Contractor
or CM at Risk, if coverage is purchased by Contractor or CM at Risk) is responsible
for the payment of any and all deductibles, self-insured retentions or any portion
thereof under the policy.
9.1.2 Following completion of the Project, the District shall, at its sole expense, purchase
and maintain coverage against loss or damage to the Assisted Facility in an amount
equivalent to the estimated full replacement cost of the Assisted Facility. Such
coverage shall be written on an "all risks" basis or equivalent form and shall include,
without limitation, insurance against the perils of fire (with extended coverage) and
theft, vandalism, malicious mischief, terrorism, collapse, earthquake, flood (if the
Project is not in an "A" or "V" flood zone), windstorm, falsework, mechanical and
District: Town of Reading
School Name: J. Warren Killam Elementary School
Project ID Number: 202102460017
Project Funding Agreement v.3.11.2025
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electrical breakdown, and boiler and machinery accidents, and debris removal
including demolition occasioned by enforcement of any applicable legal requirements.
The limits for earthquake and flood shall be the lesser of the estimated full replacement
cost of the Assisted Facility or $10,000,000. The policy shall include the Authority as
a loss payee as its interests may appear. The District is responsible for the payment of
any and all deductibles, self-insured retentions or any portion thereof under the policy.
9.1.3 The District shall include the Authority as an additional insured in any commercial
general liability policy held by the District for liability arising out of the Project .
9.1.4 The Authority shall not be responsible for the payment of deductibles, self-insured retentions, or any portion thereof.
9.1.5 Upon request by the Authority, the District shall obtain and provide to the Authority
originals of certificates of insurance evidencing the insurance coverage required by this
section of the Project Funding Agreement.
9.2 The District shall require by contractual obligation, and shall also ensure by the exercise of due
diligence, that each of any Owner’s Project Manager, Designer, Contractor or CM at Risk, or Vendor
hired by the District in connection with the Project obtain and maintain all insurance coverage required
by law and such other insurance coverage in such types and amounts as the Authority may require
from time to time, including the insurance coverage required by this Project Funding Agreement and
by any standard contracts that are prescribed by the Authority and executed by the District , including,
but not limited to, the Authority’s standard contract for Owner’s Project Manager services and standard
contract for designer services. The insurance required by this Section shall be provided at the sole
expense of the Owner’s Project Manager, Designer, Contractor or CM at Risk, and Vendors, as the
case may be, and shall be in full force and effect for the full term of any contract between the District
and said Owner’s Project Manager, Designer, Contractor or CM at Risk, and Vendors or for such
longer period as the Authority may require, including any such longer period that may be required by
this Project Funding Agreement or the standard contracts prescribed by the Authority and executed by
the District.
9.3 The District shall include in the contract between the Owner and the Contractor or CM at Risk
at Risk, as the case may be, the standard language contained in Exhibit “G” regarding minimum
insurance requirements for Contractors or CMs at Risk. The District may impose additional insurance
requirements for either construction delivery method provided that any such additional requirements shall
not be inconsistent with the requirements imposed by the standard language set forth herein and further
provided that the District shall give the Authority a written notice that clearly describes any such
additional requirements. It shall be the sole responsibility of the District to determine whether additional
insurance requirements are desirable or necessary and should be included in the contract between the
Owner and the Contractor or CM at Risk at Risk.
9.4 The District shall obtain originals of certificates of insurance evidencing the insurance
coverage that may be required by the Authority from time to time, including the insurance coverage
required by this Project Funding Agreement, any standard contracts that are prescribed by the
Authority and executed by the District, including, but not limited to, the Authority’s standard contract
for Owner’s Project Manager services and standard contract for Designer services, and any other
contract between the District and the Owner’s Project Manager, Designer, Contractor or CM at Risk,
District: Town of Reading
School Name: J. Warren Killam Elementary School
Project ID Number: 202102460017
Project Funding Agreement v.3.11.2025
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or Vendors, simultaneously with the execution of said contracts or, in the event that said contracts have
been executed prior to the date of this Project Funding Agreement, as soon as possible thereafter. Upon
request of the Authority, the District shall submit such certificates of insurance to the Authority,
showing each type of insurance, insurance company, policy number, amount of insurance,
deductibles/self-insured retentions, and policy effective and expiration dates. The District shall require
each of the Owner’s Project Manager, Designer, Contractor or CM at Risk, and Vendors to submit
updated insurance certificates to the District prior to the expiration of any of the insurance policies or
coverage referenced in this Section so that the District shall at all times possess certificates indicating
current coverage.
9.5 The failure of the District to ensure that each of the Owner’s Project Manager, Designer,
Contractor or CM at Risk, and Vendors obtain and maintain the insurance required by the Authority,
this Project Funding Agreement, any standard contract prescribed by the Authority and executed by
the District or any other contract between the District and the Owner’s Project Man ager, Designer,
Contractor or CM at Risk, or Vendors, or to provide the insurance certificates required by this Project
Funding Agreement shall constitute a material breach of this Project Funding Agreement and shall be
just cause for termination of this Project Funding Agreement.
9.6 The District shall, and shall require, as the case may be, its insurers and each of the Owner’s
Project Manager, Designer, Contractor or CM at Risk, Vendors and their insurers to, give written notice
to the Authority at least thirty days prior to the effective date of any termination, cancellation, or
material modification of any insurance required by this Project Funding Agreement , any standard
contracts that are prescribed by the Authority and executed by the District, including, but not limited
to, the Authority’s standard contract for Owner’s Project Manager services and standard contract for
Designer services, and any other contract between the District and the Owner’s Project Manager,
Designer, Contractor or CM at Risk, or Vendors.
9.7 With respect to all policies of insurance required of the Owner’s Project Manager, Designer,
Contractor or CM at Risk, and Vendors by this Project Funding Agreement, any standard contracts that
are prescribed by the Authority and executed by the District, including, but not limited to, the
Authority’s standard contract for Owner’s Project Manager and standard design contract, and any other
contract between the District and the Owner’s Project Manager, Designer, Contractor or CM at Risk,
and Vendors, the District shall ensure that neither the District nor the Authority shall be responsible
for the payment of deductibles, self-insured retentions or any portion thereof.
9.8 Insufficient insurance shall not release the Owner’s Project Manager, Designer, Contractor or
CM at Risk, or Vendors from any liability for breach of their obligations under an agreement between
the District and any of them.
9.9 All insurance policies required by this Project Funding Agreement, any standard contract
prescribed by the Authority and executed by the District and any other contract between the District
and the Owner’s Project Manager, Designer, Contractor or CM at Risk, or Vendors shall be issued by
companies lawfully authorized to write that type of insurance under the laws of the Commonwealth of
Massachusetts with a financial strength rating of “A-“ or better as assigned by A.M. Best Company,
or an equivalent rating assigned by a similar rating agency acceptable to the District and the Authority.
9.10 The District shall take all reasonable steps designed to ensure that the Owner’s Project
Manager, Contractor or CM at Risk, Designer, and Vendors each agree that they and their
District: Town of Reading
School Name: J. Warren Killam Elementary School
Project ID Number: 202102460017
Project Funding Agreement v.3.11.2025
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Subcontractors shall do no act, nor suffer any act to be done, which will vacate, void or impair the
coverage of any insurance policies required under this Project Funding Agreement , any standard
contract prescribed by the Authority and executed by the District or any other contract between the
District and the Owner’s Project Manager, Designer, Contractor or CM at Risk, or Vendors.
9.11 The District shall, upon request by the Authority, produce copies of all policies of insurance
maintained by the District, its Contractor or CM at Risk, Owner’s Project Manager, Designer and
Vendors related to the Project, to the Authority.
SECTION 10
COMPLIANCE WITH CONSTRUCTION CONTRACT DOCUMENTS, PROJECT
PERMITS AND OTHER APPLICABLE LAW
10.1 The District shall be solely responsible to the Authority for the implementation and completion
of the Project in accordance with the Construction Contract Documents and Project Permits, and for
the economical and efficient operation and administration of the Project. In addition, notwithstanding
any right of approval, review, or inspection held by the Authority in connection with this Project
Funding Agreement, the District shall be fully and solely responsible for taking all reasonable actions
designed to ensure that the Project complies with all applicable building codes, laws, rules and
regulations.
10.2 The District shall be responsible for enforcing the provisions of the Construction Contract
Documents and shall use its best efforts to ensure that the Contractor or CM at Risk performs all of its
contractual obligations thereunder in a satisfactory manner.
SECTION 11
DEFECTS
11.1 The District shall use its best efforts to require the Contractor or the CM at Risk, at the
Contractor’s or CM at Risk’s own cost and expense, to repair any defect in materials or workmanship
in the Project or any portion of the Project that may develop during the applicable warranty period and
the District shall, to the extent permitted by law, indemnify, defend and hold t he Authority harmless
from and against any loss, cost, liability or expense paid or incurred by the Authority (including all
attorney’s fees and other costs incurred by the Authority in the defense of any such action) with respect
to any claim asserted against the Authority by any party with respect to any such defect, actual or
alleged.
SECTION 12
ACCESS
12.1 The District shall permit the Authority to have unrestricted access to the Project Site and the
Assisted Facility at all reasonable times and shall allow the Authority to examine, inspect and copy all
agreements, Construction Contract Documents, books, records, communications, and all other
documents, materials and information related to the Project, for the purposes of, without limitation,
determining compliance with this Project Funding Agreement , compliance with all other agreements
related to the Project, and for assessing the progress of the Project.
District: Town of Reading
School Name: J. Warren Killam Elementary School
Project ID Number: 202102460017
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12.2 The District shall promptly make available to the Authority any other documents or materials
related to the Project, as the Authority may request from time to time.
SECTION 13
PRESENCE ON THE PREMISES OF THE ASSISTED FACILITY
13.1 The District shall require each of the Owner’s Project Manager, Designer, Contractor or CM
at Risk and Vendors, as the case may be, to agree that that all persons whose duties bring them upon
the Project Site shall comply with the reasonable directions of the authorized officers and/or
representatives of the District and the Owner’s Project Manager.
13.2 In the event of a material accident of any kind related to the Project, the District shall
immediately notify the Authority in writing. For purposes of this section, material accident shall mean
an accident resulting in death, serious injury or a serious breach in the physical plant.
SECTION 14
RESTRICTION ON SALE, LEASE, OR REMOVAL FROM SERVICE
14.1 As a condition of the Authority providing a Total Facilities Grant to the District, the District
agrees to maintain and operate the Assisted Facility as a public school facility consistent with its
Educational Program and in accordance with the provisions of this Project Funding Agreement,
Chapter 70B, Chapter 208 and 210 of the Acts of 2004, 963 CMR 2.00 et seq., and any rules,
regulations, policies and guidelines of the Authority. In the event that the District wishes to sell, rent,
lease, license, mortgage, donate, transfer control of, declare as surplus or otherwise dispose of an
Assisted Facility, or any portion of an Assisted Facility, or convey or terminate any interest therein,
other than renting, licensing, leasing or otherwise allowing for a temporary or periodic community use
of the Assisted Facility that does not interfere with or result in changes to the Educational Program,
the District shall provide the Authority with a written notice of its intent to sell, rent, lease, license,
mortgage, donate, transfer control of, declare as surplus, or otherwise dispose of the Assisted Facility,
or any portion of an Assisted Facility, or convey or terminate any interest therein, at least sixty (60)
days prior to the effective date of any such proposed action, in accordance with the notice provisions
of Section 17 of this Project Funding Agreement. The notice of intent to take any of the aforementioned
actions shall include the current appraised value of the Assisted Facility and the maximum resale price
on the basis of highest and best use of the facility. If the Authority disagrees with the current appraised
value of the Assisted Facility, the Authority may obtain a second appraisal at its own expense, and the
current appraised value shall be equal to the greater of the two appraisal amounts on the basis of highest
and best use of the facility.
14.2 The provisions of Chapter 70B, § 15(a)-(c) shall apply to any sale, rental, lease or removal
from service of the Assisted Facility, except for a rental or lease that is for a temporary or periodic
community use. In the event that the District sells, rent s, or leases the Assisted Facility, other than
renting or leasing the Facility for a temporary or periodic community use, the Authority shall receive
no less than its share, in proportion to its investment in the total Project cost, of the fair market value
of the Assisted Facility, as determined by an appraisal conducted pursuant to Section 14.1 above.
SECTION 15
NOTICE OF CLAIMS
District: Town of Reading
School Name: J. Warren Killam Elementary School
Project ID Number: 202102460017
Project Funding Agreement v.3.11.2025
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15.1 The District shall notify the Authority promptly in writing at the address and in the manner
required by Section 17 of this Project Funding Agreement of any material claim or action brought
against the District, Designer, Owner’s Project Manager, Contractor or CM at Risk, Vendors and/or
any and all Sub-Contractors arising out of this Project Funding Agreement or the Project.
15.2 Neither the District nor any person or entity claiming by through or under it, shall file a civil
action arising out of the provisions of this Project Funding Agreement against the Authority without
first serving the Authority with a written notice stating the factual basis of its claims, the applicable
provisions of the Project Funding Agreement that the claim is based upon, and the remedy that the
District is seeking. No civil action arising out of the provisions of this Project Funding Agreement
shall be filed by the District against the Authority until the expiration of sixty (60) days after the
Authority has received the notice of claim required by this section.
SECTION 16
INDEMNIFICATION
16.1 To the fullest extent permitted by law, the District shall indemnify, defend, and hold harmless
the Authority and its officers, agents and employees from and against any and all claims, actions,
damages, awards, judgments, liabilities, injuries, costs, fe es, expenses, or losses, including, without
limitation, reasonable attorneys fees and costs of investigation and litigation whatsoever which may be
incurred by or for which liability may be asserted against the Authority, its officers, agents or
employees arising out of any activities undertaken by, for, or on behalf of the District in the
implementation of this Project Funding Agreement or any activities, acts or omissions in relation to
the Project, including, but not limited to, the performance of a ny contract or obligation directly or
indirectly related to the Project. This Section shall not be construed to negate or abridge any other
obligation of indemnification running to the Authority which would otherwise exist.
16.2 To the fullest extent permitted by law, and unless otherwise agreed to in writing by the
Authority, the District shall require the Contractor or CM at Risk, as the case may be, to indemnify,
defend, and hold harmless the Authority and its officers and employees as set forth below:
To the fullest extent permitted by law, the Contractor [CM at Risk] hereby agrees
to indemnify, defend and hold harmless the Authority and its officers and
employees from and against all claims, damages, liabilities, injuries, costs, fees,
expenses, or losses, including, without limitation, reasonable attorney’s fees and
costs of investigation and litigation, whatsoever which may be incurred by the
Authority arising out of or resulting from the performance or non-performance of
the work performed by the Contractor [CM at Risk] and subcontractors, provided
that such claims, damages, liabilities, injuries, costs, fees, expenses, or losses are
alleged to be caused in whole, or in part, by an act or omission of any of the
Contractor[or CM at Risk], any subcontractors, anyone directly or indirectly
employed by any of them, or anyone for whose acts any of them may be liable,
regardless of whether or not it is caused in part by a party indemnified hereunder.
SECTION 17
NOTICE
District: Town of Reading
School Name: J. Warren Killam Elementary School
Project ID Number: 202102460017
Project Funding Agreement v.3.11.2025
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17.1 Any notices required or permitted to be given by either of the Parties hereunder shall be given
in writing and shall be delivered to the addressee (a) in-hand (b) by certified mail, postage prepaid,
return receipt requested; (c) by facsimile; or (d) by a commercial overnight courier that guarantees next
day delivery and provides a receipt, and such notices shall be addressed as follows:
If to the Authority:
Massachusetts School Building Authority
10 Post Office Square, Suite S400
Boston, MA 02109
Attention: Director of Capital Planning
Facsimile: 617-720-5260
If to the District:
Town of Reading
Reading Town Hall
16 Lowell Street
Reading, MA 01867
Attention: Town Manager
or to such other address or addressee as the District and the Authority may from time to time specify
in writing. Any notice shall be effective only upon receipt, which for any notice given by facsimile
shall mean notice that has been received by the party to whom it is sent as evidenced by a confirmation
slip that bears the time and date of receipt.
SECTION 18
AMENDMENTS
18.1 This Project Funding Agreement may be amended only through a written amendment signed
by duly authorized representatives of the District and the Authority.
SECTION 19
ADDITIONAL PROVISIONS
19.1 All certifications, filings, and submissions to the Authority required by this Project Funding
Agreement shall contain a statement, signed by a duly authorized representative of the District, that
such certification, filing, or submission is true, complete, and accurate, to the best of the District’s
knowledge.
19.2 No member or employee of the Authority shall be held personally or contractually liable by or
to the District under any provision of this Project Funding Agreement, because of any breach of this
Project Funding Agreement, or because of its execution or attempted execution.
19.3 The District shall neither assign any interest, in whole or in part, in this Project Funding
Agreement, nor transfer any interest in same, whether by assignment or novation, without the prior
written approval of the Authority.
District: Town of Reading
School Name: J. Warren Killam Elementary School
Project ID Number: 202102460017
Project Funding Agreement v.3.11.2025
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19.4 Nothing in this Project Funding Agreement shall be construed as creating a duty or obligation
on the part of the Authority to oversee or monitor the performance of the Designer, Contractor or CM
at Risk, Owner’s Project Manager, or other Project participants. The Authority shall not be
responsible for, among other things, the design of the Project, architectural plans, construction
means, methods, techniques, sequences or procedures, quality control or construction safety, or
compliance with the Construction Contract Documents, Project Permits or any applicable provisions
of law, which shall be and remain the sole responsibility of the District and its Designer, Contractor
or CM at Risk, Owner’s Project Manager and Vendors, as the case may be.
SECTION 20
GOVERNING LAW, VENUE, AMENDMENT AND SEVERABILITY
20.1 This Project Funding Agreement shall be governed by and interpreted in accordance with the
laws of the Commonwealth of Massachusetts. In case any provision(s) hereof shall be determined
invalid or unenforceable under the applicable law, such provision(s) shall, insofar as possible, be
construed or applied in such manner as will permit the enforcement of this Project Funding Agreement;
otherwise, this Project Funding Agreement shall be construed as though such provision(s) had never
been made a part hereof.
20.2 Any civil action brought against the Authority by the District, or any person or entity claiming
by through or under it, that arises out of the provisions of this Project Funding Agreement, shall only
be brought in a court of competent jurisdiction in Suffolk County, Massachusetts. The District, for
itself and for any person or entity claiming by through or under it, hereby waives any defenses that it
may have as to the venue to which it has agreed herein, including, but not limited to, any claim that
this venue is improper or that the forum is inconvenient. The District for itself and for any person or
entity claiming by through or under it, hereby waives all rights, if any, to a jury trial in any civil action
against the Authority that may arise out of the provisions of t his Project Funding Agreement.
20.3 This Project Funding Agreement and any amendments hereto shall be deemed null and void
and of no further force or effect unless it is executed by a duly authorized representative of the District
and a duly authorized representative of the Authority. The undersigned, who are signing on behalf of
the District, hereby warrant and represent that they possess the full legal authority to execute this
Project Funding Agreement on behalf of the District and to bind the District to its terms and conditions.
In the event that the Authority determines that the undersigned are not duly authorized to execute this
Project Funding Agreement and to bind the District, the Authority may, in its sole discretion, take
whatever action it deems necessary to terminate this Project Funding Agreement, to suspend or
terminate payments to the District and to recover any funds disbursed to the District. Any rights and
remedies available to the Authority under the provisions of this Project Funding Agreement shall be in
addition to any other rights and remedies provided by law.
SECTION 21
WAIVERS
21.1 The terms, conditions, covenants, duties and obligations contained in this Project Funding
Agreement may be waived only by written agreement executed by duly authorized representatives of
the District and the Authority. No waiver by either party of any term , condition, covenant, duty or
obligation shall be construed as a waiver of any other term, condition, covenant, duty or obligation nor
District: Town of Reading
School Name: J. Warren Killam Elementary School
Project ID Number: 202102460017
Project Funding Agreement v.3.11.2025
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shall a waiver of any breach be deemed to constitute a waiver of any subsequent breach, whether of
the same or a different section, subsection, paragraph, clause, phrase, or other provision of this Project
Funding Agreement. Forbearance or indulgence in any form or manner by either Party to this Project
Funding Agreement shall not be construed as a waiver, nor in any way limit the remedies available to
that party.
21.2 The Authority’s payment(s) to the District under this Project Funding Agreement or its review,
approval or acceptance of any actions by the District under this Project Funding Agreement shall not
operate as a waiver of any rights or remedies available to t he Authority under this Project Funding
Agreement or as otherwise provided by law and the District shall remain liable to the Authority for all
damages incurred by the Authority arising out of the District’s failure to perform in accordance with
the terms and conditions of this Project Funding Agreement.
SECTION 22
DEFAULTS AND REMEDIES
22.1 The occurrence of any of the following events shall constitute, and is herein defined to be, an
Event of Default under this Project Funding Agreement:
(a.) If the District shall fail to perform or observe any covenant, agreement , term or condition
on its part provided in this Project Funding Agreement and such failure shall continue for a period of
thirty (30) days after written notice thereof shall be given to the District by the Authority; provided
that, if such failure cannot be remedied within such thirty (30) day period, it shall not constitute an
Event of Default hereunder if corrective action satisfactory to the Authority, as determined by the
Authority, in writing, is instituted by the District within such period and diligently pursued until the
failure is remedied;
(b.) If any representation or warranty made by the District in this Project Funding Agreement
shall prove to have been incorrect, false, or to be misleading in any material respect;
22.2 If any Event of Default hereunder shall occur and be continuing, the Authority may proceed to
protect its rights under this Project Funding Agreement, and may: (a) terminate this Project Funding
Agreement, (b) permanently withhold or temporarily suspend payment of the Total Facilities Grant to
the District, (c) recover any payments of the Total Facilities Grant previously made to the District,
and/or (d) exercise any other right or remedy upon such default as may be granted to the Authority
under this Project Funding Agreement or under any other applicable provision of law.
22.3 No delay or omission to exercise any right, remedy or power accruing upon any Event of
Default shall impair any such right, remedy or power or shall be construed to be a waiver thereof, but
any such right, remedy or power may be exercised from time to time and as often as may be deemed
expedient.
22.4 The rights and remedies conferred upon or reserved to the Authority under this Project Funding
Agreement are not intended to be exclusive and every such right or remedy shall be cumulative and
shall be in addition to any other rights or remedies provided by law. The Authority may assert a right
to recover damages by any appropriate means, including, but not limited to, set -off, lawsuit,
District: Town of Reading
School Name: J. Warren Killam Elementary School
Project ID Number: 202102460017
Project Funding Agreement v.3.11.2025
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withholding, recoupment, counterclaim, or crossclaim, either during or after performance of this
Project Funding Agreement.
SECTION 23
TERMINATION
23.1 This Project Funding Agreement may be terminated by the Authority if an Event of Default
shall have occurred as provided in Section 22. Notice of such termination shall be in writing and shall
be effective immediately upon service of the notice in the ma nner provided in Section 17. Upon five
(5) days written notice, this Project Funding Agreement may be terminated by the Authority in the
event of any action constituting fraud, malfeasance, or illegal activity committed in connection with
the Project by the District or any of the District’s employees, or, where the District knew or should
have known, by the Architect, Owner’s Project Manager, CM at Risk, Contractors or Vendors.
23.2 This Agreement may be terminated by mutual written agreement of the Parties.
SECTION 24
PUBLIC RECOGNITION OF THE AUTHORITY’S PARTICIPATION
24.1 The District shall erect a project identification sign on the construction site during the period
of construction of the Project in accordance with the provisions of 963 CMR 2.09(3)(g). If the District
erects a permanent plaque or other memorial recognizing the names of Project participants, the District
shall include the name of the Massachusetts School Building Authority.
SECTION 25
OWNERSHIP OF DOCUMENTS
25.1 The District acknowledges and agrees that, unless otherwise provided by law or by the
provisions of Section 25.2 of this Agreement, all information, data, reports, studies,
designs, drawings, plans, sketches, specifications, materials, computer programs,
documents, models, inventions, equipment, and any other documentation, product or
tangible materials to the extent authored or prepared, in whole or in part, by the Designer
for this Project (collectively, the “Materials”), other than the Designer’s administrative
communications, records, and files relating to this Project, shall be the property of, and
shall vest in, both the District and the Authority, severally and not jointly, as “works made
for hire” or otherwise, provided that the District complies with its payment obligations
under its Contract with the Designer for the Project. Except as otherwise provided in
Section 25.2, both the District and the Authority, severally and not jointly, will own the
exclusive rights, worldwide and royalty-free, to and in all Materials prepared and produced
by the Designer pursuant to its Contract with the District for the Project, including, but not
limited to, United States and International patents, copyrights, trade secrets, know-how and
any other intellectual property rights, and both the District and the Authority, severally and
not jointly, shall have the exclusive, unlimited and unrestricted right, worldwide and
royalty-free, to publish, reproduce, distribute, transmit and publicly display all Materials
prepared by the Designer, which shall include, but not be limited to, the Authority’s
exercise of the aforesaid right in furtherance of the Programs described in Section 25.2.
The District further acknowledges and agrees that the Designer shall have a non-exclusive
District: Town of Reading
School Name: J. Warren Killam Elementary School
Project ID Number: 202102460017
Project Funding Agreement v.3.11.2025
31
license to publish and publicly display all Materials prepared by the Designer in its normal
marketing and related professional and academic activities and that the Designer shall have
a non-exclusive license to use the typical or standard details and all other replicable
elements of the Materials for this Project on other future projects. At the completion or
termination of the Designer's services required pursuant to the Contract between the
District and the Designer for the Project, the District shall ensure that the Designer
promptly turns over to the Authority copies of all original Materials but only to the extent
that such Materials have not already been provided to the Authority.
25.2 Notwithstanding any other language to the contrary in this Agreement or in any Contract
between the District and the Designer for the Project, the District acknowledges and agrees
that the Designer shall have a non-exclusive license to publish, reproduce, distribute,
transmit, and publicly display all Materials prepared by the Designer for the purpose of
participating in the Authority’s so-called Model School Program, as it may be amended from
time to time, or any other program implemented by the Authority to develop, acquire,
modify, use, re-use, and reproduce prototypical designs and model school designs, and
details and elements thereof (collectively “Programs”), including, but not limited to,
submitting proposals and applications to the Authority and public school districts in the
Commonwealth of Massachusetts for the qualification and selection of the Designer and the
School design, or elements and details thereof, in such Programs and using, modifying, and
reproducing the Materials for the purpose of designing, constructing, reconstructing,
renovating and repairing public school facilities pursuant to such Programs, as approved by
the Authority. The District further agrees to provide the Designer, the Authority, and
representatives of other public school districts with reasonable cooperation and reasonable
access to the completed School facility at mutually agreeable times for purposes of said
Programs.
IN WITNESS WHEREOF, the Authority and the District have caused this Project Funding Agreement
to be executed by their duly authorized representatives this _____day of _____________ in the year
20____.
THE MASSACHUSETTS SCHOOL BUILDING AUTHORITY
BY:
_____________________________________________
Mary L. Pichetti
Executive Director
TOWN OF READING
BY:
District: Town of Reading
School Name: J. Warren Killam Elementary School
Project ID Number: 202102460017
Project Funding Agreement v.3.11.2025
32
______________________________________________
______________________________________________
Name (Type/Print)
______________________________________________
Title/Office (Type/Print)
Town of Reading
Meeting Minutes
Page | 1
2016-09-22 LAG Board - Committee - Commission - Council:
Permanent Building Committee Killam School Building Committee
Date: 2025-07-14 Time: 7:00 PM
Building: Reading Town Hall Location: Conference Room
Address: 16 Lowell Street Session: Open Session
Purpose: General Business Version: Draft
Attendees: Members - Present:
Pat Tompkins, John Coote, Chris Haley, Shawn Brandt, Ed Ross, Greg
Stepler, Nancy Twomey, Carla Nazzaro.
Members - Not Present:
Kirk McCormick.
Others Present:
Town Manager Matt Kraunelis, Assistant Town Manager Jayne Wellman
(Remote), Sharon Angstrom, Colliers Project Manager Mike Carroll
(Remote), LBA Project Manager Jenni Katajamaki, LBA Architect Leigh
Sherwood
Minutes Respectfully Submitted By: Harani Kumaresh
Topics of Discussion:
This meeting was held in-person in the Town Hall Conference Meeting Room and remotely
via Zoom.
Call to order:
Chair Carla Nazzaro called the meeting to order at 7:00 pm.
Roll call attendance: Pat Tompkins, Nancy Twomey, John Coote, Chris Haley, Shawn Brandt,
Ed Ross, Greg Stepler, Carla Nazzaro.
On a motion by Ed Ross, seconded by Pat Tompkins the Killam School Board
Committee voted 7-0-0 to take agenda items 6 & 7 out of order.
Roll call vote: Pat Tompkins – Yes, Shawn Brandt – Yes, John Coote – Yes, Chris Haley –
Yes, Ed Ross – Yes, Greg Stepler – Yes, Nancy Twomey – Yes, Carla Nazzaro.
Public Comment:
No reports.
Liaison Reports:
Joseph Huggins gave a comprehensive progress report on the modular relocation progress.
He noted that the site work at Ring Memorial High School is progressing, with all uti lities
except electric connected. Sauna tubes will be poured within two days. At Killam, decks
have been removed, and units are being separated for relocation to the high school next
Wednesday. RMLD has established an electrical pathway. Substantial completion is expected
by August 26–27, on budget and ready for the school year.
Page | 2
Jenni Katajamaki reported that drilling for the Geothermal wells has been delayed due to
procurement issues with the loop tubing. A new supplier is expected to deliver within two
weeks, with drilling likely in three weeks for the test well near Sautel. All required permits
have been obtained, and no additional subsurface testing is planned. No drilling or
construction is anticipated between August 18 and the start of the school year.
Carla Nazzaro informed the committee that A communications meeting was held, with plans
for an abutter meeting over the summer and a community meeting in the fall. She noted
that the parents and neighbors have expressed interest in project updates, and efforts are
underway to provide information on upcoming work and timelines.
CPL Financial Review*
Justin Fredenzi presented a detailed overview of the updated project budget. The original
feasibility and schematic design phase was budgeted at $2.2 million. With the project
moving into full development and construction, the new total project budget is
$130,130,783. Next, he presented the budget adjustments, many related to previous votes
and approvals. The commitment tab committed costs include the Daily Times Chronicle
advertisement for the modulars and LBA Amendment 17 . Expenditures include two Colliers
invoices, the Daily Times Chronicle invoice, Gienapp Architect invoicing for the modular
project, and LBA invoicing. Forecast costs reflect the full duration of church parking lot use
for all construction phases. Mike Carroll confirmed that this is a preliminary item with no
commitment or contract in place. Duration and final costs will be confirmed before
proceeding.
Mike noted that the Gienapp Architect and Daily Times Chronicle invoices fall outside
existing services and require official votes for approval, as they do not have Colliers’
recommendation letters. These invoices were first processed through the Facilities
Department before being submitted to Colliers. Jayne clarified that the efforts are underway
to align the invoice process across both building committees.
On a motion by Ed Ross, seconded by John Coote the Killam School Board
Committee voted 7-0-0 to acknowledge the CPL Invoice #1068931 in the amount
of $22,776.75 for J. Warren Killam Elementary School Project.
Roll call vote: Pat Tompkins – Yes, Shawn Brandt – Yes, John Coote – Yes, Chris Haley –
Yes, Ed Ross – Yes, Greg Stepler – Yes, Nancy Twomey – Yes, Carla Nazzaro.
On a motion by Ed Ross, seconded by John Coote the Killam School Board
Committee voted 7-0-0 to approve the CPL Invoice #1060700 in the amount of
$40,122.00 for J. Warren Killam Elementary School Project.
Roll call vote: Pat Tompkins – Yes, Shawn Brandt – Yes, John Coote – Yes, Chris Haley –
Yes, Ed Ross – Yes, Greg Stepler – Yes, Nancy Twomey – Yes, Carla Nazzaro.
On a motion by Ed Ross, seconded by Nancy Twomey the Killam School Board
Committee voted 7-0-0 to approve the LBA Invoice #22035 in the amount of
$546,875.00 for J. Warren Killam Elementary School Project.
Roll call vote: Pat Tompkins – Yes, Shawn Brandt – Yes, John Coote – Yes, Chris Haley –
Yes, Ed Ross – Yes, Greg Stepler – Yes, Nancy Twomey – Yes, Carla Nazzaro.
On a motion by Ed Ross, seconded by Nancy Twomey the Killam School Board
Committee voted 7-0-0 to approve the Daily Times Chronicle Invoice # 250309 in
the amount of $354.00 for J. Warren Killam Elementary School Project.
Roll call vote: Pat Tompkins – Yes, Shawn Brandt – Yes, John Coote – Yes, Chris Haley –
Yes, Ed Ross – Yes, Greg Stepler – Yes, Nancy Twomey – Yes, Carla Nazzaro.
Page | 3
On a motion by Ed Ross, seconded by Nancy Twomey the Killam School Board
Committee voted 7-0-0 to approve the Gienapp Architect Invoices # 682.29-1,
#682.29-2, #682.29-3, #682.29-R1, and #682.29-4 in the amount of $77,947.75
for J. Warren Killam Elementary School Project.
Roll call vote: Pat Tompkins – Yes, Shawn Brandt – Yes, John Coote – Yes, Chris Haley –
Yes, Ed Ross – Yes, Greg Stepler – Yes, Nancy Twomey – Yes, Carla Nazzaro.
CPL Schedule Update
Justin presented an updated project schedule, noting DD documents are expected on the
17th, with cost estimating and reconciliation to follow within two to three weeks.
Concurrently, the team will review documents for quality control, with comments provided
to KSBC. Internal commissioning and other team members will also review the drawings.
Contract Amendments*
Justin and Jenni presented LBA amendment #17 which includes a $28,000 credit from
unused traffic study funds applied to new work for the same consultant. Scope items include
on-site and off-site traffic engineering, compliance energy modeling to meet updated
Massachusetts stretch code requirements, and a tree removal protection plan. Mike and
Leigh confirmed that the energy modeling involves three components: LEED model, TEDI
model for code compliance, and a backstop calculation for thermal bridging. Additional
services are defined per MSBA’s contract as work beyond basic services, not due to scope
oversight. The committee discussed why advanced energy modeling to meet Massachusetts
stretch code requirements is categorized as an additional service rather than basic services.
Leigh noted that the modeling, including advanced thermal bridging analysis, is conducted
by a specialized consultant and was not part of prior experience. While it increases oversight
and detailing work, it is necessary to demonstrate code compliance. MSBA recognizes
energy modeling as an additional service, separate from design work.
On a motion by Ed Ross, seconded by Nancy Twomey the Killam School Board
Committee voted 6-0-0 to approve LBA Amendment 17 in the amount of
$165,560.00 for LBA basic services for the J. Warren Killam Elementary School
Project.
The committee discussed off-site traffic engineering and other services categorized as
“additional” under MSBA definitions. Mike and Leigh noted that these services, including
geotechnical, environmental, and reimbursable costs, are budgeted within the existing LBA
contract and do not increase the overall project budget. The term “additional services”
reflects MSBA categorization rather than unanticipated or extra costs. Current budgets
remain unchanged at $130,011,783.
Roll call vote: Pat Tompkins – Yes, Shawn Brandt – Yes, John Coote – Yes, Chris Haley –
Yes, Ed Ross – Yes, Greg Stepler – Yes, Nancy Twomey – Yes, Carla Nazzaro.
LBA Preview – Updated DD Slides
Jenni presented an update on the DD documents and progress toward the Design
Development (DD) submission. Exterior finishes were finalized, with p henolic panels
selected over ultra-high-performance concrete due to cost considerations. Roof screen
design is under review to minimize visibility and address acoustical concerns. A reduced -size
generator option is being considered to protect building systems while potentially lowering
costs; discussion continues on its use for emergency shelter purposes. The proj ect was
submitted to the Community Planning & Development Commission (CPDC), with anticipated
hearings on August 11th and September 8th. Interior finishes, room fit-outs, lighting
selections, and coordination among MEP, structural, and technology disciplines have also
been finalized.
Page | 4
She presented the DD submission schedule noting that the cost estimate documents were
submitted on July 17th, with committee comments due by August 7th. Between August 7th
and 18th, cost reconciliation and value engineering will take place. The SBC meeting to
approve the DD submission is scheduled for August 18th, with final submission to the MSBA
on August 19th.
Approval of Prior Meeting Minutes (06/17/25)*
On a motion by Ed Ross, seconded by Shawn Brandt, the Killam School Building
Committee voted 7-0-0 to approve the meeting minutes of June 17 2025.
Roll call vote: Pat Tompkins – Yes, Shawn Brandt – Yes, John Coote – Yes, Chris Haley –
Yes, Ed Ross – Yes, Greg Stepler – Yes, Nancy Twomey – Yes, Carla Nazzaro.
Future Agenda Items & Next Meeting Dates
The next SBC meeting is scheduled for August 18th at 7:00 PM, and the committee will
move to a monthly meeting schedule on the second Monday of each month, with Extended
Leadership Team (XLT) meetings on the first Monday.
Discussion was held regarding upcoming meeting dates for the remainder of the year.
Adjustments for XLT and town meetings were confirmed, including sc heduling the November
12th meeting to avoid conflicts. Josh will send updated reminders.
Adjourn*
On a motion by Ed Ross, seconded by Nancy Twomey, the Killam School Building
Committee voted 6-0-0 to adjourn at 9:17 pm.
Roll call vote: Pat Tompkins – Yes, Shawn Brandt – Yes, John Coote – Yes, Chris Haley –
Yes, Ed Ross – Yes, Greg Stepler – Yes, Nancy Twomey – Yes, Carla Nazzaro.