Home Modification Loan Program

Guide and Bid, Scope of Work and Contract Form

PART I: Guide and General Terms and Conditions

The Home Modification Loan Program (HMLP) provides funding for necessary home modification or adaptations which are required for an individual(s) in the household to assist with their ability to function daily.

You can complete this form and find additional resources for general contractors assisting a property owner obtaining an HMLP loan here. Please read through HMLP's Frequently Asked Questions for Contractors to help assist you through this process.

This form must be completed by a licensed and insured contractor (the "Contractor") and signed by both the Contractor and the homeowner. The document is important for the homeowner's HMLP loan application for project funding.

This form consists of three parts:

• Part I is a Guide and General Terms and Conditions
• Part II is the first section of the Bid and Contract Form and required for all projects.
• Part III is also part of the Bid and Contract Form and is made up of sub-forms. Complete only the sub-forms needed for the project.
  • Form A Ramps, Lifts and Elevators
  • Form B Exterior Modifications
  • Form C Bathroom Modifications
  • Form D Kitchen Modifications
  • Form E Permanent Adaptive Design
  • Form F Addition to Dwelling or ADU

Please be sure to include the homeowners' name in the space provided at the bottom of each page of this form.

A few program policies to consider:

• Up-front payment before work starts is permitted but can be for materials only, contractors submit a detailed invoice, and this payment cannot more than 30% of total project cost.
• HMLP only pays up-front for materials in the first invoice; all other invoices should be submitted when the work is complete.
• A copy of the building permit will be required before any payments are made to a contractor, including up-front payments for materials.
• Change Orders are required:
  • Any deviations in the agreed upon project scope outlined in the Contract must be submitted and approved by the owner and reviewed by the provider agency for eligibility, prior to commencing said work
  • Any change to cost or project duration should be noted
• HMLP does not pay subcontractors directly
• HMLP uses construction monitors to conduct an initial inspection prior to the start of construction work. The inspection is to review the project's scope of work with both the Contractor and homeowner. Once construction work is complete, the construction monitor will conduct a final inspection before the last disbursement.

Release of Liens:

The Contractor's application for final payment shall include a statement of release of any liens by subcontractors, laborers, or material suppliers and all other liens arising out of the work performed under this contract.

Provision of Utilities:

The homeowner agrees to furnish all necessary utilities, including water and power, at no charge to the Contractor during the construction period. This shall also include access to a telephone for receipt of messages and the placing of outgoing, local calls.

Compliance with the Law:

It is the Contractor's obligation to obtain all applicable local permits. For building construction projects, if the homeowner obtains the permits, the homeowner will not be entitled to obtain any benefit from the Guaranty Fund established under Massachusetts General Laws Chapter 142A.

The Contractor must have a current Massachusetts construction supervisor license in accordance with the Massachusetts Building Regulations. All subcontractors must meet Massachusetts licensing requirements according to their trade.

The Contractor and all subcontractors are required to be registered with the Massachusetts Board of Building Regulations and Standards, unless specifically exempt from registration. If the homeowner uses unregistered contractors, he/she will not be entitled to obtain any benefit from the Guaranty Fund established under MGL Chapter 142A. Inquiries concerning contractor registration can be made to:

Office of Consumer Affairs and Business Regulation
Ten Park Plaza, Suite 5170
Boston, MA 02116
Phone: (617) 973-8700

Insurance:

The Contractor shall carry or require that there be carried full and complete Workmen's Compensation Insurance for all of his/her employees and those of his/her subcontractors engaged in work on the Contract premises, in accordance with local and state laws governing the same.

The amount and limits of General Liability insurance and other required insurance coverage referred to herein shall be subject to the approval of the homeowner, provided however, that the Contractor shall obtain Comprehensive General Liability Insurance Coverage protecting the homeowner in the event of bodily injury including death, and property damage arising out of the work performed by the Contractor. In addition, a certificate of Automobile Liability Insurance shall be obtained for all vehicles used in the performance of this Contract for bodily injury including death and property damage per accident.

Termination:
If at any time the homeowner concludes that the work or the actions of the Contractor are:

• not in accordance with standard professional trade practices, or
• not in compliance with the scope of work specifications, or
• not in compliance with the material specified in the work specifications, or
• in violation of Contract terms, or
• a violation of applicable state and/or federal policies, regulations and laws,

Then the homeowner has the right to terminate this Contract, through a written notice of contract termination. 

The Contractor may suspend or terminate this Contract by providing the homeowner with written notice for the following reasons:

• Failure by the homeowner to pay the agreed upon fee.
• Actions or inactions by the homeowner that seriously hinder the Contractor's ability to perform its obligations in accordance with this Agreement.
• A resonable determination by the Contractor that the satisfactory completion of one or more of the agreed up on activities is rendered improbable, infeasible, impossible or illegal, without the fault of the Contractor, provided however that the Contractor shall first have: 
  
  1. advised the homeowner of the reasons for the determination, and
  2. developed and proposed such solutions as appear feasible, and
  3. sought to negotiate an amendment of the Contract with the homeowner and such efforts have not satisfactorily removed the impediment to completion.

In the event of suspension or termination, the homeowner shall pay the Contractor for completed, approved and satisfactory work.

 

Licenses:

The Contractor, and any approved subcontractors, shall procure and keep current any licenses, certifications, or permits required for any activity to be undertaken as part of this Agreement, as may be required by federal, state, or local laws or regulations.

Amendments:

The terms of this Agreement may be modified, amended, and/or extended only by written instrument executed by both the Homeowner and the contractor.

 

Severability:

If any provision of this Agreement is held invalid, the remainder of the Agreement shall not be affected thereby, and all other parts of this Agreement shall, nevertheless, be in full force and effect.

 

If you have any questions or would like further information about the HMLP requirements for this bid form, please contact the regional provider agency working directly with the homeowner on their application. 

 

Home Modification Loan Program

Guide and Bid, Scope of Work and Contract Form

PART II: Bid, Scope of Work and Contract Form

This section includes:

• Contractor License(s) and insurance information
• List of required permits
• Estimated Project timeline
• Payment schedule
• Certification Statement

Please Include the necessary sub-form(s) to complete the Bid, Scope of Work and Contract Form.

• Form A Ramps, Lifts and Elevators
• Form B Exterior Modifications
• Form C Bathroom Modifications
• Form D Kitchen Modifications
• Form E Permanent Adaptive Design
• Form F Addition to Dwelling or ADU

Certification Statement

The quality of workmanship and finish shall be, consistent with a high quality of workmanship and finish in accordance with industry standards for like projects. The Contractor warrants a) that materials furnished pursuant to the proposal and will be of first-class quality and new unless otherwise stipulated, b) that the work will conform to the requirements of all authorities having jurisdiction and, c) that the work will be free from defects and encumbrances. All work performed under the contract shall be warranted by the contractor to be free from defects in labor and materials for a period of one year following the final acceptance of the work or final payment for work under the contract.

1. Part I and Part II Forms are required for HMLP funded projects.
2. Please check which sub form(s) will be included with the HMLP Bid, Scope of Work and Contract Form:

Home Modification Loan Program

Part II: Bid, Scope of Work and Contract Form

Form A: Ramps, Lifts or Elevators

Home Modification Loan Program

Part II: Bid, Scope of Work and Contract Form

Form B: Exterior Modifications

Home Modification Loan Program

Part II: Bid, Scope of Work and Contract Form

Form C: Bathroom Modifications

Home Modification Loan Program

Part II: Bid, Scope of Work and Contract Form

Additional Form C: Bathroom Modifications

Home Modification Loan Program

Part II: Bid, Scope of Work and Contract Form

Form D: Kitchens

Home Modification Loan Program

Part II: Bid, Scope of Work and Contract Form

Form E: Permanent Adaptive Design Features

Home Modification Loan Program

Part II: Bid, Scope of Work and Contract Form

Form F: Addition to Dwelling or ADU

Contractors must include project blueprints or plans sufficient for obtaining municipal permits for any project that includes an increase in the livable square footage of a dwelling or the creation of an accessory dwelling unit (ADU).

HMLP requires that any addition to dwelling or ADU project be fully electric unless it will tie into an existing HVAC system that uses fossil fuels. ADU projects also should use solar energy whenever possible, and owners must submit proof that they considered solar.

Please use the bathroom and kitchen sub-forms to provide the details for these spaces.

Once you have completed the form, click "Submit" to generate a final PDF. 

Please print the PDF to sign and collect signatures from the homeowner(s).

The homeowner(s)will submit the signed form with their loan application.

 

Click the "Save" button to receive a link to your online form, which you can return to and complete later.