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Prequalification Procedures

MASSACHUSETTS BAY TRANSPORTATION AUTHORITY


PROCEDURES GOVERNING CLASSIFICATION AND
RATING OF PROSPECTIVE BIDDERS
I. DEFINITIONS
A. "Contractor" or "Prospective Bidder"
The words "Contractor" or "Prospective Bidder" as used in these procedures shall
included individuals, co-partnerships, associations, corporations, joint venturers, or joint
stock companies and their representatives, trustees, or receivers, appointed by any court of
competent jurisdiction. All corporations must show proof of registration with the
Massachusetts Office of the Secretary of State to do business in Massachusetts.
B. "Authority"
The word "Authority" as used in these procedures shall mean the Massachusetts
Bay Transportation Authority.
C. "Experience"
The word "Experience" as used in these procedures shall mean the number of years
engaged in highway, transit, bridge and building construction or other public works
contracts completed by the contractor for this Authority, other state highway and/or bridge
departments, public building authorities, Federal bureaus or similar agencies.
D. "Pregualification Committee"
The term "Prequalification Committee" as used in these procedures shall mean a
committee within the Authority consisting of the Assistant General Manager for Design
and Construction or his/her designee as Chairperson, such members or their alternates as
may be designated by the Chairperson of the Authority and a non-voting Recorder to be
designated by the Chairperson of the Committee.
E. "Aggregate Bonding Capacity"
"Aggregate Bonding Capacity" shall be the highest total dollar amount of
performance and payment bonds a surety will provide a construction contractor. The
surety must be licensed and approved by the Massachusetts Division of Insurance and
rated B+ or better by A.M. Best Company.
Support of a contractor's Aggregate Bonding Capacity must be presented as a total
dollar amount in letter format on the provider's letterhead. The letter must be signed by an
authorized representative of the surety. Signing authorization, such as Power of Attorney,
or Attorney-in-Fact, must accompany this letter.
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F. "Current Capacity Rating"
"Current Capacity Rating" shaIl be the net difference between a Contractor's
Aggregate Bonding Capacity and the doIlar value of hislher current uncompleted work,
regardless of its location and with whom it may be contracted. Contractors wiIl not be
el igible to bid on a contract, when the Authority's estimated project value of the job
exceeds the contractor's "Current Capacity Rating".
G. "Project Value"
Each project shaIl be given a "Project Value" derived from the Authority's
preliminary cost estimate stated in rolmd figures to the nearest hundred thousand.
II. APPLICATION FOR PREOUALIFICATION
A. General
Any Contractor proposing to bid on work under the direction of the Authority,
aggregating one million doIlars ($1,000,000) or more, must furnish a notarized statement
on fornls provided by the Authority, setting forth financial data (as noted in Part IV
"Financial Data" section of the Contractor Prequalification Statement), adequacy of plant
and equipment, organizational struct ure, experience and other pertinent facts. The
statement should be accompanied by Prequalification Rating Certificates from each state
prequalified, if any have been issued.
Audited financial statements accompanying the Contractor Prequalification
Statement must be for the most recent fiscal- year-ended. A fuIl opinion audit must have
been conducted in accordance with generaIly accepted auditing standards. At a minimunl,
financial statements should include auditor's opinion, Balance Sheet, income statement and
footnotes.
Any significant change in the financial condition or the status of equipment and/or
any change in the name or structure of the firm, officers or ownership, which occurs
between the date of the audited financial statement and the filing date, must be reported to
the Authority at the time of filing. The Authority reserves the right to demand additional
information at any time.
For work aggregating under one million dollars ($1,000,000) post-qualification
may be required. The infonnation to be submitted after receipt of bids shall be similar to
that required for prequalification. AIl bids submitted for work aggregating under one
miIlion dollars ($1,000,000) in excess of fifty thousand dollars ($50,000) will be
accompanied by a letter of commitment from a surety company. This letter of commitment
shaIl be in addition to any bid deposit.
AIl information furnished in any statement by a prospective bidder shall be held in
strict confidence by the Authority and its agents, except where such information is
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required by statute, and/or regulations promulgated by applicable Federal or State
agencies, and such information shall be used only to determine the prospective bidder's
Aggregate Bonding Capacity and the Class of Work entitled to be undertaken in
accordance with the procedures herein contained, No information contained in any such
statement shall be imparted to any other person without the written consent of the
prospective bidder.
B, Contractors
Contractors shall submit a completed Contractor Prequalification Statement
accompanied by a Certificate from each State in which the organization perfOlmed work,
stating the Rating, if any, issued by that State, All corporations must show proof of
registration with the Massachusetts Office of the Secretary of State to do business in
Massachusetts.
C. Joint Ventures
If recurrent joint venture bidding is desired, a combined Prequalification Statement
of experience, principal personnel, plant and equipment, organizational structure, previous
record, financial data and other pertinent factors, including the number, size and
completion dates of construction jobs in this or other States presently under contract, shall
be submitted. The joint relationship shall be considered in effect until one ofthe
Contractors notifies the Authority that the joint relationship is concluded.
D. Subsidiary Companies (When Parent Company Already Holds Prequalification Status)
In the event, that a prequalified parent company has fomled or intends to form a
subsidiary company with intent to prequalify, Prequalification Rating may be established
for the subsidiary company subject to the following rule of procedure:
The subsidiary company shall be considered as an independent entity and shall be
rated on the basis of its own independent financial resources, equipment, personnel,
experience and the number, size and completion dates of construction jobs in this or other
States presently under contract.
E. Time Limitation in Submitting Request for Prequalification.
Requests for Prequalification shall be submitted at least ten (10) calendar days
preceding the day set for opening of bids for work upon which a Contractor intends to bid.
A request for prequalification will not be considered until a properly and correctly
completed Contractor Prequalification Statement and financial data, including all
necessary supporting data, has been submitted.
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F. Class of Work Desired
Each prospective bidder shall indicate, in the place provided on page 3 in the
Contractor Prequalification Statement, the particular class or classes of work upon which
he/she desires to bid, but such indication shall not be binding upon the Authority in
classifying a prospective bidder according to the facts disclosed in hislher Prequalification
Statement. Classification will not be determined solely by the facts disclosed in his/her
Prequalification Statement. For detailed description and identification numbers of all
MBTA Class of Work, please refer to Appendix l.
Although a Contractor may possess and list many types of equipment in the
Contractor Prequalification Statement for the purpose of establishing an Aggregate
Bonding Capacity, only those types of equipment which will be useful in performing the
contemplated work will be considered in determining the class or classes of work which
the contractor shall be prequalified to undertake.
Contractors must show that they have appropriate and sufficient equipment
available to satisfactorily perform the contemplated class or classes of work and that such
equipment will not be leased or otherwise limited in use during the period of any contract,
which he/she may be awarded. In lieu of actual equipment on hand, the Contractor may
show current assets sufficient to provide the necessary equipment, and may show that
he/she will have sole jurisdiction over the equipment for a period of not less than twelve
(12) months from the date of application. In addition to a complete description, a statement
as to the condition of each piece of equipment shall be required. The Authority shall have
the right to inspect all equipment in order to determine its operating condition and value.
G. Action on Requests for Prequalification
Each Contractor's Prequalification Statement shall be reviewed by the
Prequalification Committee. This Committee shall analyze each statement, verify as it
deems necessary the information set forth therein, determine the class(es) of work and
review and approve the aggregate amount of work the prospective bidder shall be entitled
to undertake. Whenever the Committee is not satisfied with the sufficiency ofthe answers
contained in any Statement, it may require the Contractor to submit additional information,
and pending the filing of such additional information, the Authority may refuse to furnish
such Contractor with an official proposal form for any duly advertised project. The
Committee may require a personal interview with a prospective bidder when considering
hislher qualifications for a Rating.
After review and analysis of a prospective bidder' s Prequalification Statement by
the Prequalification Committee, the Authority shall give the applicant written notice of its
detemlination ofhislher Aggregate Bonding Capacity and the class of work he/she shall be
entitled to undertake.
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III. RATINGS
A. General
Ratings shall be basically determined upon the Contractor's ability to properly
finance the work as evidenced by bonding capacity, financial statements and
supplementing documents, and on hislher competency and responsibility as indicated by
the amount and condition of equipment, experience of principal personnel and previous
record with this and other awarding authorities. Letters of credit shall not be accepted. An
unlimited Aggregate Bonding capacity shall not be allowed. The resultant Ratings shall
include the following component parts:
(1) Class of work
(2) Aggregate Bonding Capacity
(3) Single Project Limit, if assigned
The Authority, acting through its Prequalification Committee, reserves the right to
establish a single project limit in a lesser amount than the Aggregate Bonding Capacity in
cases where said committee has substantial and valid reason to believe that a prospective
bidder is unqualified, either because of lack of experience or unsatisfactory perfonnance
on a previous contract, to satisfactorily perfOlm a contract in the full amount ofhis/her
Aggregate Bonding Capacity.
B. Duration of Pre qualification Ratings
Prequalification Ratings shall remain in effect for not more than sixteen months
following the date of the contractor's balance sheet used in the prequalification statement.
C. Revision of Prequalification Ratings
Whenever the Authority has substantial reason to believe that the condition of a
contractor previously prequalified is less favorable than at the time of its last application, a
new Prequalification Statement shall be requested in writing stating the reason therefor. If
the requested statement is not filed within thirty (30) days from date of notice, the current
Ratings shall be considered forfeited, and the Contractor concerned will not be permitted
to bid until a new Contractor Prequalification Statement has been received and acted upon
by the Authority.
Qualification Ratings shall be modified whenever it is determined that a Contractor
does not have sufficient equipment, or sufficient assets to provide necessary equipment
either through purchase or lease agreements, or hislher performance is unsatisfactory.
Requests by contractors for the revision of Pre qualification Ratings will be
considered by the Authority at any time provided a new Prequalification Statement is
submitted. Such statements must be submitted in proper form at least ten (10) calendar
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days prior to a bid opening in order to receive consideration for that bid opening.
If at any time subsequent to filing, any significant change occurs in the financial
condition or the status of equipment and! or any change in the name or structure of the
firm, officers, principal employees or ownership, a written notice shall be given to the
Authority, whereupon a new application for prequalification may be required.
If an individual or member of a partnership withdraws cash, securities, or any
assets subsequent to the filing of a financial statement with the AuthOlity, he/she shall give
written notice to the Authority of such withdrawals; the Authority will then adjust the
financial Rating ofthe individual or partnership accordingly.
IV. PROPOSAL FORMS
A. Requests for Proposal Forms
All prospective bidders who wish to bid on work to be awarded by the Authority
must submit a completed "Request for Proposal Forms" to the Authority, accompanied by
cash, bank check, certified check or money order in the amount stated in the Notice to
Bidders, made payable to the Massachusetts Bay Transportation Authority. Prospective
bidders are required to submit a letter to the Manager of Contract Administration listing
the names of all individuals authorized to sign the "Request for Proposal Forms". The
letter is to be signed by a member or officer of the firm together with his/her title.
Unless a prospective bidder has "prequalified", he/she shall not be entitled to bid
on work, the value of which when added to the value of his/her uncompleted work already
under contract with the Authority aggregates $1,000,000 or more.
A Contractor may take out more than one proposal form at a time, to be opened
either on the same date or on subsequent dates, providing that no one single project
exceeds hislher current capacity rating. Any proposal, the project value of which places
the bidder in a position of exceeding his/her current capacity rating, shall be refused him.
He/She shall be entitled to receive all other proposals whether opened on the same date or
on subsequent dates.
Two or more Contractors who have been prequalified may combine all or a portion
of their assets for occasional bidding purposes, by filing with the Authority a completed
joint "Request for Proposal Form," stating on an attached separate sheet the portion of
each of their assets to be considered jointly. The sum of these will determine the
Aggregate Bonding Capacity of the joint ventures. One of the joint ventures must be
prequalified in the class of work for which they intend to submit bids. (See Section II, c.).
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B. Action on Requests for Proposal Forms
The Authority shall act upon a "Request for Proposal Forms" within five (5)
business days following receipt by the Deputy Director of Construction-Contracts,
excluding a Saturday, Sunday or holidays.
Prior to the issuance of a proposal form, consideration will be given to the number
ofprojects the prospective bidder has under contract, the state of progress thereon, and
hislher "Current Capacity Rating" as determined by deducting the total dollar value of
uncompleted work shown in the "Request for Proposal Forms" from his/her Aggregate
Bonding Capacity.
Each proposal form shall have an identifying number and shall be non-transferable.
A bid submitted on a proposal form issued to another Contractor shall be rejected.
C. Non-issuance of Proposal Forms
A proposal form shall not be issued to a prospective bidder:
(1) If the Authority's Project value (P.V.) for the particular project upon
which he/she desires to bid exceeds his/her "Current Capacity
Rating," or
(2) On non-Federally-aided projects, if the prospective bidder has been
adjudged guilty of any irregularity in connection with public works
before a court of competent jurisdiction. (A specific time period
during which a proposal will not be issued shall be established
following such court action. Should an appeal be taken, the period
of disqualification shall continue until the judgment is reversed in
which event the period of disqualification shall end).
(3) On Federally-aided projects, ifthe prospective bidder:
(a) has been established as being unacceptable for employment
as provided by the applicable regulations issued by the
Secretary of Labor, United States Department of Labor.
(b) appears on the U. S. Comptroller General's Consolidated
List of Persons or Firms Currently Debarred for Violations
of Various Public Contracts Incorporating Labor Standards
Provisions.
The Authority may also refuse to issue a proposal form if the Prequalification
Committee determines that:
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(l) The prospective bidder is making unsatisfactory progress or
performing work which is substantially unsatisfactory on projects
already under contract.
(2) The prospective bidder has performed unsatisfactory work on prior
contracts or his/her perfonnance record has been unsatisfactory on
prior contracts.
A prospective bidder shall be notified in writing of the refusal by the Authority to issue a
proposal form within five (5) business days, excluding a Saturday, Sunday or holidays, following
receipt of request for proposal form by the Deputy Director of Construction-Contracts.
After receiving notification of refusal to issue a proposal form, the prospective bidder may
make written request for a review by the Prequalification Committee. A request for a review shall
set forth the prospective bidder's arguments for a revision of the decision. The Prequalification
Committee shall give a written decision within seven (7) business days of receipt of the
prospective bidder's request. In either case, the decision shall be final and binding, subject to any
rights of the prospective bidder to ajudicial review.
V. MISCELLANEOUS
A. Order of Bid Openings
Proposals shall be opened and read in the order of decreasing dollar values,
commencing with the highest "Project Value" as set forth in section I, g.
B. Bid openings
A Contractor may submit proposals for more than one project to be opened on the
same or subsequent days. However, if he/she is found to be the low bidder on one project,
all subsequent bids which place him in the position of exceeding his/her Current Capacity
Rating shall be subject to review. The Authority reserves the right to accept or reject any
such bids when such action is determined to be in the best interest of the Authority.
C. Right to Reject Bids
Nothing in these procedures shall be construed as depriving the Authority of the
right to reject any bid when it is found that the bidder has exceeded his/her current
capacity rating or when, in the opinion of the Authority, circumstances and developments
have changed the qualification or responsibility of the bidder.
D. Rights of a contractor for Appeal
A Contractor or prospective bidder who is aggrieved by a decision or
determination of the Authority may file a new application for prequalification at any time,
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or within fifteen (15) calendar days after receiving notice of such decision or
determination, may make written request for a review by the Prequalification Committee.
A request for review shall set forth the argument for a revision of the decision. The
Prequalification Committee shall render a decision within fifteen (\5) calendar days
following receipt of the request. The previous Rating or decision shall remain in effect
until the Prequalification Committee renders a decision in writing on the appeal. The
decision of the Prequalification Committee shall be final and binding, subject to any rights
of the contractor or prospective bidder to ajudicial review.
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Appendix One
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Massachusetts Bay Transportation Authority
Definitions of Classes of Work
(Revision Date April 2002)
CLASS I - GENERAL TRANSIT CONSTRUCTION:
Heavy transit line construction projects including the following work: site preparation, cut &
cover tunneling, excavation backfill , grading, stonn drainage, utilities, sewerage and water
systems, gravel base courses, piles, underpinning, sheeting, slurry walls, bituminous & cement
pavements, retaining walls, steel & reinforced concrete structures, landscaping, access roadways,
fencing, signing & incidental site work. The contractor must exhibit, on previously completed
projects, that the scope of work for the project required the contractor to work on or around active
rapid transit, light rail, commuter rail and / or freight tracks without causing disruption to service.
In addition, the contractor should demonstrate, by project scope, their ability to work in or around
an active transit station or facility while perfonning new or alteration activities without disruption
to station or facility operations. The type of projects that are also included in this Class of Work
would be remodeling, alteration or new construction of bus, rapid transit, light rail and commuter
rai l stations and multi-modal tel1l1inal facilities along with subway ventilation improvements.
CLASS lA - MARlNE GENERAL TRANSIT CONSTRUCTION:
Work associated with water transportation facilities consisting of, but not limited to, new pier and
dock construction/rehabilitation, including precast concrete piles, prestressed deck beams, cast in
place concrete, wood piles and wood decking, and cutting and removal of timber piles.
CLASS 2 - GRADING, DRAINAGE & SITE DEVELOPMENT:
Construction projects consisting essentially of earthwork and bituminous paving including; site
preparation, excavation, grading, sewerage & stornl drainage systems, sub-drains, culverts,
landscaping & utilities. Projects included in this Class of Work are parking lot and roadway
construction for MBTA facilities and stations including connections to existing area roadways.
CLASS 3 - TRACKAGE:
Projects consisting of the rehabilitation of, or new construction of trackwork for rapid transit,
commuter rail or light rail lines. Work includes placement of track support structure, ballast, wood
or concrete ties, rail fastenings, switches & turnouts, rail welding placement, tamping, alignment
and testing. Competency of Bidders Experience for specific projects is required for individual
track contracts.
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Page Two
Definitions of Classes of Work
(Rev. Date Apri l 2002)
CLASS 4 - BRIDGES:
4A - STEEL SUPERSTRUCTURES:
Fabrication and erection of new structural steel superstructure associated with transit/railroad
bridge rehabilitation and new construction. Rehabilitation of existing steel bridge members in
place either under operations or during nighttime shutdowns. Concrete placement for new deck
wearing surface or rehabilitation of existing deck wearing surface. This class of work includes
substructure construction including but not limited to cofferdams, shoring pile driving,
dewatering, underpilming, caisson installation, slurrywall construction, steel and concrete piles,
concrete foundations, concrete piers and abutments including wing wall and marine work.
4B - CONCRETE SUPERSTRUCTURES:
Fabrication and erection of new precast and/or prestressed concrete beams or cast-in-place
concrete beams associated with transit/railroad bridge rehabilitation and new bridge construction.
Rehabilitation of existing concrete bridge members in place either under operations or during
nighttime shutdowns. This includes fabrication and erection of form work and placement of rebar
for cast in place beams and concrete deck surfaces or for rehabilitation of existing beams and
concrete deck wearing surface. This class of work includes substructure construction including but
not limited to cofferdams, shoring pile driving, dewatering, underpinning, caisson installation,
slurrywall construction, steel and concrete piles, concrete foundations, concrete piers and
abutments including wing wall and marine work.
CLASS 5 - ELECTRICAL:
Projects including the installation and furnishing, testing and commissioning of switchgear
equipment, traction power substation equipment, combustion turbine operations, duct and cable
systems. Specialty Systems equipment and their installation for other than normal electrical
systems are also included in this class of work.
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Page Three
Definitions of Classes of Work
(Rev. Date April 2002)
CLASS 6-SIGNALING:
6A - TRANSIT/RAILROAD SIGNALING:
Projects consisting of the design, manufacturing, furnishing and installation of signal and
communications systems, along with new supervisory control systems. Work includes labor,
materials, engineering and equipment for new and existing systems, technical support material,
switching systems and automatic highway crossing protection improvements.
6B - TRAFFIC SIGNALING:
Projects consisting of construction or reconstruction of a vehicular traffic control signal at either
isolated or multiple locations for roadway intersections and pedestrian crossings. Work includes
labor, materials and equipment for installation of vehicular traffic signal controllers, inductive
loop detectors, electrical pull boxes, electrical conduit, conduit fittings and conduit supports, mast
arm assemblies, posts and bases, signal post, controller bases, vehicle signal heads, pedestrian
signal heads, louvered hoods and optically programmed adapters, pedestrian push buttons,
temporary traffic signals and all incidental materials necessary for operating the vehicular traffic
control signals.
CLASS 7 - BUILDINGS:
Projects including the remodeling, alteration or new construction of vertical type construction,
parking garages, plant and equipment maintenance facilities . These projects may consist of
several of the following trade categories of work: roofing and flashing, metal windows,
waterproofing, damp-proofing and caulking, miscellaneous and ornamental iron, lathering and
plastering, acoustical tile, marble, ceramic tile, terrazzo, resilient floors, painting, plumbing,
heating, ventilation and air-conditioning, electrical work, elevators and masonry, excavation,
sheeting, underpinning, piles foundation and site work.
CLASS 8 - DEMOLITION:
Construction projects for the demolition, removal and disposal of existing buildings, structures
and appurtenances of significant size in their entirety, such as buildings, garages, facilities or
stations. Incidentals to the work include structural review for safety of personnel, rodent control ,
traffic management, maintenance and protection of pedestrians, security fencing and street
sweeping. This Class of Work does not include incidental demolition work associated with
remodeling or reconstruction such as a bridge wingwall, abutments, bridge decks or C.M.V. wall,
wood/metal studded walls or rooms.
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Page Four
Definitions of Classes of Work
(Rev. Date April 2002)
CLASS SA - MARINE DEMOLITION:
Removal and disposal of marine related structures such as wharves, piers, piles, railroad trestles
and track structures.
CLASS 9 - DEEP TUNNELING:
Work includes coring of new tunnels with specialized equipment along with excavation, lining,
grout support systems, slurry walls, piles and caissons.
CLASS 10 - MECHANICAL:
Work including mechanical equipment installation, pipefitting, and fire protection systems,
plumbing, HV AC, refrigeration, air distribution and energy conservation systems.
CLASS 11 - ASBESTOS ABATEMENT:
Work including the removal and disposal, enclosure or encapsulation of asbestos, included, but
not limited to the activity in connection with the renovation, repair or demolition of a facility.
Approval of pre qualification requires submission of current Massachusetts State license.
Prequalification in this class of work requires submittal of additional prequalification forms .
CLASS 12 - PRECAST CONCRETE:
Projects consisting of designing, detailing, fabrication, delivery and installation/erection of
prestressed precast concrete construction.
CLASS 13 - SLURRY WALL:
Projects utilizing slurrywall construction for temporary/permanent earth support systems and
building/station foundation support. Work would include but not be limited to design and
detailing of slurry plant systems, excavation sequences, reinforcing cage, construction concrete
placement and disposal of slurry.
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Page Five
Definitions of Classes of Work
(Rev. Date April 2002)
CLASS 14 - STRUCTURAL UNDERPINNING:
Projects consisting of designing, detailing, fabrication, delivery, installation/erection and load
transfer from one structural system to another.
CLASS 15 - MINED/NATM TUNNELING:
Projects consisting of designing and implementation of mined tunneling or NATM tunneling
under existing buildings or tunnels. Work would include but not limited to designing excavation
sequences, reinforcing rings, shotcrete mixing and installation, alignment survey and dewatering
of excavation required to complete the tunneling.
CLASS 16 - GROUND FREEZING:
Projects consisting of designing and implementation of a ground freezing system to stabilize
existing soil conditions. Work would include but not be limited to designing refrigeration system,
distribution of the chilled brine, monitoring of the ground temperature, thawing of soils and the
disposal of the brine.
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MASSACHUSETTS BAY TRANSPORTATION AUTHORITY
CONTRACT ADMINISTRATION
TRANSPORTATION BUILDING
TEN PARK PLAZA, ROOM 6720
BOSTON, MASSACHUSETTS 02116
TEL: (617) 222-3133
FAX: (617) 222-1513
*** CONTRACTOR PRE QUALIFICATION STATEMENT***
COMPANY NAME: ________________ _
Individual
_Corporation
Joint Venture
Other:
ADDRESS: _________________________ _
TELEPHONE: ________________________ ___
FAX#: ____________________________ _
PRINCIPAL OFFICE: _______________________ _
CONTACTPERSON: ___________ TELEPHONE#: _______ __
END OF FISCAL YEAR: _______ D T E PREPARED: ________ _
DATE RECEIVED
BY MBTA: _____ _
May 2002 Massachusetts Bay Transportation Authority
INSTRUCTIONS
Contractors proposing to bid on Massachusetts Bay Transportation Authority's work totaling $1,000,000 or more must
complete a Prequalification Statement and submit it in proper form at least ten (10) calendar days prior to bid opening.
Forms should be typed or printed in black ink. All seven (7) parts of the form must be thoroughly completed. Failure to
provide requested information may prohibit the Authority from prequalifying your firm on a timely basis. The seven parts
are as follows:
I. EXPERIENCE
II. EQUIPMENT SCHEDULE
III. ORGANIZATIONAL STRUCTURE
IV. FINANCIAL DATA
V. REQUEST FOR ATTORNEY'S LEGAL LETTER OF LIABILITIES
VI. MANAGEMENTS STATEMENT OF REPRESENTATION TO EVENTS
SUBSEQUENT TO THE BALANCE SHEET DATE
VII. AFFIDAVIT TO PREVIOUS STATEMENTS
The signatory of thi s Prequalification Statement guarantees, as evidenced by the notarized statement herein required, the
truth and accuracy of all statements and of all answers to the interrogatories hereinafter made.
Additional information can be obtained on the prequalification process by referring to: MBTA's Procedures Governing
Classification and Rating of Prospective Bidders which may be obtained from the Contract Administration Office, 10 Park
Plaza, Room 6720, Boston, MA 02116.
OUESTIONS
If you have questions, please call the Contract Administration Office at (617) 222-3133.
Submit completed forn1s to: Deputy Director of Construction-Contracts
Massachusetts Bay Transportation Authority, Contract Administration, Transportation
Building, Ten Park Plaza, Room 6720, Boston, MA 02116
CON F I DENT I A LITY
o WNERSH I P OF I NFORMA TION
The completed prequalification statement shall be the exclusive property ofthe prospective bidder and as such shall not
constitute a portion of the records of the Authority and shall not be open to public inspection.
All information furnished in any statement by a prospective bidder shall be held in strict confidence by the Authority and
its agents, except where such information is required by statute and/or regulations promulgated by applicable Federal or
State agencies, and such information shall be used only to determine the prospective bidder's Prequalification Certification
in accordance with the procedures herein contained. No information contained in any such statement shall be imparted to
any other person without the written consent of the prospective bidder.
C H E C K LIS T P RIO R TO SUB MIT TIN G
INCLUDE:
Surety letter with Power-of-Attorney signing authorization
Auditor's opinion, signed and dated, Balance Sheet, Income Statement and footnotes
Massachusetts Corporate Annual Report signed by Officer and dated for current fiscal period
Attorney legal Letter of Liabilities
On Affidavit:
Have Officer sign, affix corporate seal and notarized.
Note: Contract Administration has a comparable checklist, which must be completed before Prequalification is granted.
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PART I EXPERIENCE
I. How many years has your organization been in business as a general contractor under your present business
name? ___ _ _______ _
2. Indicate with an X below the class(es) of work for which prequalification is requested and record the number of years
of the organization's experience as a general and sub-contractor.
(1) _ General Transit Construction
(la) _ Marine General Transit
Construction
(2) _ Grading, Drainage & Site
Development
(3) Trackage
(4) Bridges:
_ (a) Steel Superstructures
_ (b) Concrete Superstructures
(5) _ Electrical
(6) Signaling:
Years
Gen'!. Sub.
_ (a) Transit/Railroad Signaling __
_ (b) Traffic Signaling
(7)
(8)
(8a) _
(9)
(10) _
(11) _
(12) _
(13) _
(14) _
(15) _
(16) _
Buildings
Demolition
Marine Demolition
Deep Tunneling
Mechanical
Asbestos Abatement*
Precast Concrete
Slurry Wall
Structural Underpinning __
MinedfNATM Tunneling ___ _
Ground Freezing
* An additional Prequalification Form is required for asbestos abatement. This form is available from Contract
Administration.
May 2002 3 Massachusetts Bay Transportation Authority
3. List below the major projects of the type of work you wish to bid on, that your organization has completed within the last ten years. For Class
of Work descriptions and identification numbers, please refer to the listing in Appendix 1 of the Procedures Governing Classification and Rating
of Prospective Bidders
% of
0/0 of each
Dollar Class of
Contract
Cont ract
Project Title and
Owner/
Completion Class of Amount of Work
completed Contact Name/ Detailed Description of Work
Amount
by your
Location
Phone Number
Date Work each Class performed
firm
Work by your
firm
$123,456.789. 65
Green
MBTA October I $50,000,000. 50 Platform reconfiguration and extension to
Line mprovement l

$20,000,0' )
I accommodate 6 car.:.trains.
Project, Track & j l 7 .222.5910 2
30 j
Site grading, i,Jsi'iillation of drainage.
StafionRehabilitation
3 _
$10,000,000. 100 :.:Installation of 400:feet of track.
7 $40,000,000. 75 Erected 2 headhouses.
May 2002 4 Massachusetts Bay Transportation Authority
PART! -EXPERIENCE - Cont'd
4. Has a bond ever been invoked against your firm?:---,._--:-__ --,. _____ _
If so, where and why? Include pertinent information; i.e., date, project name, owner's name, and reason thereof
5. Have you ever failed to complete any work awarded to you?
If so, where and why? Include date, project name, owner's name, and reason thereof
6. Has any officer or partner of your organization ever been an officer or partner of some other organization that failed
to complete a con tract? -,-:_:---:-___ .,.---:-____ .,----::-
If so, state name of individual, other organization, reason therefor and bonding company.
7. Has any officer or partner of your organization ever failed to complete a contract handl ed in hi slher own
name?
-----::-:---:-;---,-
If so, state name of individual, reason therefore and bonding company.
8. In what other lines of business are you affiliated with (directly or indirectly)?
9. With what person (or persons) have you been associated as a business partner or otherwise during the past five years?
10. Did you complete your last three contracts on time as well as the major ones listed in Question 3?
Ifnot, why?
May 2002 5 Massachusetts Bay Transportation Authority
PART i-EXPERIENCE
II. What is the construction experience of the principal officers of your organization? If the principal officers are lacking
in construction experience, list the experience of the individuals who will be your field superintendents on the
proposed work in Massachusetts.
YEARS OF
PRESENT CONSTRUCTION MAGNITUDE & TYPE
INDIVIDUAL'S NAME POSITION EXPERIENCE OF WORK IN WHAT CAPACITY
Part JI- EQUIPMENT SCHEDULE
Total Value (At cost less depreciation) $ ______________ _
PRESENT SIZE OR
DESCRIPTION CONDITION CAPACITY
* Show: Make, Model No., Serial No., How Equipped
(a separate schedule may be attached)
May 2002
YEAR
YEAR MFG. PURCHASED
6
DE PRE- COST
CIATION LESS
P URCHASE CHARGED DEPRE-
PRICE OFF ClATlON
Massachusetts Bay Transportation Authority
PART I/I- ORGANIZATIONAL STRUCTURE
CORPORATIONS INDIVIDUALS PARTNERSHIPS OTHERS
When Incorporated
In What State?
President's name:
Vice President's Name
Secretary's Name:
Treasurer's Name
PARTIV-FINANCULDATA
BONDING.
Type of Entity:
Date Organized:
Principal's Names
And Address:
A contractor is required to submit annually a letter from its surety confuming its current bonding capacity. Confimmtion will not be
accepted unless the insurance company is licensed and approved by the Massachusetts Division of Insurance and is rated B+ or better
by A.M. Best Company. With the bonding company's letter, the bonding agent must enclose his/her Power of Attorney or Attomey-
In-Fact signing authorization document issued by the insurance company.
Indicate the firm' s bonding limit per project and the firm' s aggregate bonding capacity.
Single Project Limit ______________________________________ _
Aggregate Bonding Capacity ______ ___________________________ _
Attach letter from surety or bonding agent confmning above limits. (Include with letter attorney-in-fact signing authorization.)
Indicate name of present bonding agent, contact person, address, and telephone number.
Agent Narne: _________________________________________ _
Address: ________________________ ________________ _
ContactPerson: ________________________________________ _
Telephone Number: ____________________________________ _
May 2002 7 Massachusetts Bay Transportation Authority
PART IV - FINANCIAL DATA - Cont'd
Attach the latest fiscal-year-end audited financial statements and footnotes. A full opinion audit must have been conducted
in accordance with generally accepted auditing standards. Financial statements should include auditor's opinion, balance
sheet, income statement and notes.
MASSACHUSE7TS CORPORATION ANNUAL REPORTIA.K.A. CERTIFICATE OF CONDITION
Has the corporation filed its current Massachusetts Corporation Annual Report or the Massachusetts Foreign Corporation
Annual Report, with the Office of the Secretary of State. (Due annually two and one-half months following the close of
the fiscal year)? ___________________ _
If so, a copy of the report signed and dated by an officer of the corporation must accompany this Prequalification package.
The date of the fiscal year appearing on this report should agree with the date of the Balance Sheet accompanying this
report.
If the report has not been filed, explain why, and attach a copy of the most recent filing signed and dated by an officer of
the corporation.
PART V- REOUEST FOR A TTORNEY'S LEGAL LETTER OF LIABILITIES
In connection with the examination of your financial statements accompanying the Prequali fication Statement, will you
please have your legal counsel list, if any, a description and evaluation of any litigation, impending litigation, claims and
contingent liabilities of which you have knowledge that existed at the date of the balance sheet being reported on, plus any
additional matters of such nature coming to his attention up to the date the information is furnished.
The above request should contain the following information (1) the nature of the litigation (2) the progress of the case to
date (3) an evaluation of the likelihood of an unfavorable outcome and an estimate, if one can be made, of the amount or
range of potential loss and (4) if particular cases have been filed in court, provide name of court and docket number.
Please furnish to the Massachusetts Bay Transportation Authority such explanation, if any, that you consider necessary to
supplement the foregoing information, including an explanation of those matters as to which your views may differ from
those stated and an identification of the omission of any pending or threatened litigation, claims and assessments or a
statement that the list of such matters is complete.
May 2002 8 Massachusetts Bay Transportation Authori ty
PART VI - MANAGEMENT'S STATEMENT OF REPRESENTATION TO EVENTS SUBSEOUENT TO THE
BALANCE SHEET DATE
For the period subsequent to the balance sheet date of the statements accompanying this prequalification statement to date of signing
the affidavit in Part VII.
We confIrm that
1. We are responsible for the fair presentation in the financial statements of fmancial position, results of operations, and changes
in fmancial position in confomling with generally accepted accounting principles.
2. There have been no.
A. Irregularities involving management of employees who have significant roles in the system of internal accOlmting
controL
B. Irregularities involving other employees that could have a material effect on the financial statements.
C. Communications from regulatory agencies concerning noncompliance with, or deficiencies in, fmancial reporting
practices that could have a material effect on the financial statements.
3. No events have occurred or are planned having a material effect on the carrying value or classification of assets and
liabilities.
4. There has been no significant change in:
A. Capital stock repurchase options or agreements or capital stock reserved for options, warrants, conversions, or other
requirements.
B. Arrangements with financial institutions involving compensating balances or other arrangements involving restrictions
on cash balances and line-of-credit or similar arrangements.
C. Agreements to repurchase assets previously sold.
5. There has not arisen:
A Violations or possible violations of laws or regulations whose effects should be considered for disclosure in the financial
Statements or as a basis for recording a loss contingency.
B. Other material liabilities or gain or loss contingencies that are required to be accrued or disclosed by statement of
financial accounting standards No.5.
C. Unasserted claims or assessments that our lawyer has advised us are probable of assertion and must be disclosed in
accordance with statement of financial accounting standards No.5.
D. Any unusual adjustments to the books of account
E. Significant change in working capital or long term debt.
6. The company has satisfactory title to all owned assets, and there are no liens or encumbrances on such assets nor has any
asset been pledged except as disclosed in the accompanying footnotes to the financial statements.
7. There is no material loss to be sustained as a result of purchase commitments for inventory quantities in excess of normal
requirements or at prices in excess of the prevailing market prices.
8. The company has complied with all aspects of contractual agreements that would have a material effect on the fInancial
statements in the event of noncompliance.
9. No events have occurred subsequent to the balance sheet date that would require adjustment to, or disclosure in, the fmancial
statements.
Please provide an explanation of those items that cannot be confirmed. Unless otherwise noted, confirmation of the above is attested to
in the signing of the affIdavit in Part VII.
D Explanation Attached D Not applicable
May 2002 9 Massachusetts Bay Transportation Authority
PART VII - AFFIDAVIT TO PREVIOUS STATEMENTS
State. ____________ SS:
Country: ___________ _
The undersigned contractor( s) being duly sworn, depose and say that statements and answers to all questions herein
contained and representations made subsequent to the balance sheet date contained in Part VI are true and correct That
this statement is for the express purpose inducing the party to whom it is submitted to award the submitters a contract, and
that any depository, vendor or other agency herein named is hereby authorized to supply such party with any information
necessary to verify this statement
Firm Name
Firm Name
NOTARY:
Name of Chief Executive Officer
Or Chief Financial Officer
Officer's Signature
SIGNA TURF FOR JOINT VENTURE
Name of Chief Executive Officer
Or Chief Financial Officer
Officer's Signature
Title
Date
Title
Title
SWORN TO BEFORE ME THIS ___ .DAY OF ____ YEAR ___ _
NOTARY PUBLIC
MY COMMISSION EXPIRES: _________ _ IF CORPORATION,
AFFIX CORPORATE SEAL(S)
May 2002 10 Massachusetts Bay Transportation Authority
Davis-Bacon Requirements
7. MINIMUM STATE WAGE RATES
A. The minimum wage rates to be used for this Contract are shown on the schedul es
on the following pages. The rates shown on these schedules are the minimum to
be paid during the life of the Contract. It is, therefore, the responsibility of
bidders to inform themselves as to the local labor conditions such as the length of
the work day and work week, overtime compensation, health and welfare
contributions, labor supply and prospective changes or adjustment of rates. In the
event of conflict between the schedules for any classifications, the greater amount
for the classification shall prevail as the minimum wage rate.
B. If the Contractor finds it necessary during the progress of the work to secure a
minimum wage rate for some additional classification, he shall make a request for
such additi onal classification to the Authority, who in tum wi ll obtain the
additional classification and corresponding minimum wage rate from the State
Department of Labor and Industries and advise the Contractor of the same. These
additional classifications and minimum wage rates are then to be considered a part
of the Contract, and the Contractor shall have no claim for additional
compensation because of the additional classification and minimum wage rates.
C. Where a question arises as to the classification in the schedule of the Department
of Labor and Industries in which any employee is to be included, the decision is to
be made by the State Department of Labor and Industries, through their dul y
authorized representative.
D. Within three days from the date of the first advertisement or call for bids, two or
more empl oyers of labor, or two or more members of a labor organization, or the
awarding officer or official, or five or more residents of the town or towns where
the publi c works are to be constructed, may appeal to the associate commissioners
for a wage determination, or a classification of employment as made by the
Commi ssioner, by serving on the Commissioner a written notice to that effect.
Thereupon the Commissioner shall immediately cause the associate
commissioners to hold a public hearing on the Commissioner's action appealed
from. The associate commissioners shall render their decision not later than three
(3) days after the closing of the hearing. The decision of a majority of the
associate commissioners shall be final, and notice thereof shall be given forthwith
to the awarding official or public body. (Section 27A, Chapter 149, General
Laws, Commonwealth of Massachusetts).
E. Payments by employers to health and welfare 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,
(Section 26, Chapter 149, General Laws, Commonwealth of Massachusetts).
F. The aforesaid rates of wages in the schedule of wage rates shall include payments
by employers to health and welfare plans as provided in the previous section, and
such payments shall be considered as payments to persons under this section
performing work as herein provided. Any employer engaged in the construction
of such works who does not make payments to health and welfare plan where
such payments are included in said rates of wages shall pay the amount of said
payments directly to each employee engaged in said construction. (Section 27,
Chapter 149, General Laws, as amended).
G. The Contractor's attention is directed to further minimum wage provisions under
Paragraph _ of the Supplementary Conditions. In cases of conflict, the higher rate
shall apply.
U. LABOR PROVISIONS.
1. Labor Provisions - Construction
a. Minimum Wages
(1) All laborers and mechanics employed or working upon the site of the work (or
under the United States Housing Act of 1937 or under the Housing Act of 1949
in the construction or development of the project), will be paid unconditionally
and not less often than once a week, and without subsequent deduction rebate on
any account (except such payroll deductions as are pennitted by regulations
issued by the Secretary of Labor under the Copeland Act (29 CFR Part 3), the
full amount of wages and bona fide fringe benefits (or cash equivalents thereof)
due at the time of payment computed at rates not less than those contained in the
Wage Determination of the Secretary of Labor which is attached hereto and made
a part hereof, regardless of any contractual relationship which may be alleged to
exist between the Contractor and such laborers and mechanics. Contributions
made or costs reasonably anticipated for bona fide fringe benefits under Section 1
(b) (2) of the Davis-Bacon Act on behalf of laborers or mechanics are considered
wages paid to such laborers or mechanics, subject to the provisions of paragraph
(a) (1) (iv) of 29 CFR Sec. 5.5; also, regular contributions made or costs incurred
for more than a weekly period (but not less often than quarterly) under plans,
funds, or programs which cover the particular weekly period. Such laborers and
mechanics shall be paid the appropriate wage rate and fringe benefits on the
wage determination for the classification of work actually performed, without
regard to skill, except as provided in 29 CFR Sec. 5.5 (a) (4).
Laborers or mechanics performing work in more than one classification may be
compensated at the rate specified for each classification for the time actually
worked therein: provided, that the employer's payroll records accurately set forth
the time spent in each classification in which work is performed. The wage
determination (including any additional classification and wage rates conformed
under paragraph (a) (1) (ii) of29 CFR Sec. 5.5 and the Davis-Bacon Poster (WH-
132) shall be posted at all times by the Contractor and its subcontractors at the
site of the work in a prominent and accessible place where it can be easily seen
by the workers.
(2) The Contracting Office shall require that any class of laborers or mechanics
which is not listed in the wage determination and which is to be employed under
the Contract shall be classified in conformance with the wage detennination. The
Contracting Office shall approve an additional classification and wage rate and
fringe benefits therefor, only when the following criteria have been met:
(a) The work to be performed by the classification requested is not performed by
a classification in the wage determination: and
(b) The classification is utilized in the area by the construction industry: and
(c) The proposed wage rate, including any bona fide fringe benefits, bears a
reasonable relationship to the wage rates contained in the wage
determination.
(3) If the contractor and the laborers and mechanics to be employed in the
classification (if known), or their representatives, and the contracting officer
agree on the classification and wage rate (including the amount designated for
fringe benefits, where appropriate), a report of the action taken shall be sent by
the Contracting Officer to the Administration of the Wage and hour Division,
Employment Standards Administration, U.S. Department of Labor, Washington,
D.C. 20210. The Administrator, or an authorized representative, will approve,
modify, or disapprove every additional classification action within 30 days of
receipt and so advise the Contracting Officer or will notify the Contracting
Officer within a 30 day period that additional time is necessary.
(4) In the event the contractor, the laborers or mechanics to be employed in the
classification or their representatives, and the Contracting Officer do not agree on
the proposed classification and wage rate (including the amount designated for
fringe benefits, where appropriate), the Contracting Officer shall refer the
questions including the views of all interested parties and the recommendation of
the Contracting Officer, to the Administrator for determination. The
administrator, or an authorized representative, will issue a determination within
3D days of receipt and so advise the Contracting Officer or will notify the
Contracting Officer within the 3D-day period that additional time is necessary.
(5) The wage rate (including fringe benefits where appropriate) determined pursuant
to subparagraph (a) (I) (B) or (C) of29 CFR Sec. 5.5 shall be paid to all workers
performing work in the classification under this Contract from the first day on
which work is performed in the classification.
(6) Whenever the minimum wage rate prescribed in the Contract for a class of
laborers or mechanics includes a fringe benefit which is not expressed as an
hourly rate, the Contractor shall either pay the benefit as stated in the wage
determination or shall pay another bona fide fringe benefit or an hourly cash
equivalent thereof.
(7) If the Contractor does not make payments to a trustee or other third person the
Contractor may consider as part of the wages of any laborer or mechanic the
amount of any costs reasonably anticipated in providing bona fide fringe benefits
under a plan or program, provided that the Secretary of Labor has found upon the
written request of the Contractor that the applicable standards of the Davis-Bacon
Act have been met. The Secretary of Labor may require the Contractor to set
aside in a separate account assets for the meeting of obligations under the plan or
program.
(8) (A) The contracting officer shall require that any class of laborers or mechanics
which is not listed in the wage determination and which is to be employed under
the contract shall be classified in conformance with the wage determination. The
contracting officer shall approve an additional classification and wage rate and
fringe benefits therefor only when the foll owing criteria have been met:
(a) The work to be performed by the classification requested is not
performed by a classification in the wage determination; and
(b) The classification is utilized in the area by the construction industry; and
(c) The proposed wage rate, including any bona fide fringe benefits, bears a
reasonable relationship to the wage rates contained in the wage
determination.
(B) If the contractor and the laborers and mechanics to be employed in the
classification (if known), or their representatives, and the contracting officer
agree on the classification and wage rate (including the amount designated for
fringe benefits where appropriate), a report of the action taken shall be sent by
the contracting officer to the Administrator of the Wage and Hour Division,
Employment Standards Administration, Washington, DC 20210. The
Administrator, or an authorized representative, will approve, modify, or
disapprove every additional classification action within 30 days of receipt and so
advise the contracting officer or will notify the contracting officer within the 30-
day period that additional time is necessary.
(C) In the event the contractor, the laborers or mechanics to be employed in the
classification or their representatives, and the contracting officer do not agree on
the proposed classification and wage rate (including the amount designated for
fringe benefits, where appropriate), the contracting officer shall refer the
questions, including the views of all interested parties and the recommendation of
the contracting officer, to the Administrator for determination. The
Administrator, or an authorized representative, will issue a determination with 30
days of receipt and so advise the contracting officer or will notify the contracting
officer within the 30-day period that additional time is necessary.
(D) The wage rate (including fringe benefits where appropriate) determined
pursuant to paragraphs (a)(I)(v) (B) or (C) of this section, shall be paid to all
workers performing work in the classification under this contract from the first
day on which work is performed in the classification.
2. Withholding
DOT shall upon its own action or upon written request of an authorized
representative of the Department of Labor withhold or cause to be withheld from the
Contractor under this Contract or any other Federal Contract with the same prime
contractor, or any other federally-assisted contract subject to Davis-Bacon prevailing
wage requirements, which is held by the same prime contractor, so much of the
accrued payments of advances as may be considered necessary to pay laborers and
mechanics, including apprentices, trainees and helpers, employed by the Contractor
or any subcontractor the full amount of wages required by the Contract. In the event
of failure to pay any laborer or mechanic, including any apprentice, trainee, or helper,
employed or working on the site of the work (or under the United States Housing Act
of 1937 or under the Housing Act of 1949 in the construction or development of the
project), all or part of the wages required by the Contract, the Department of
Transportation may, after written notice to the Contractor, sponsor, applicant, or
owner, take such any further payment, advance, or guarantee of funds until such
violations have ceased.
3. Payrolls and Basic Records
a. Payrolls and basic records relating thereto shall be maintained by the Contractor
during the course of the work and preserved for a period of three years thereafter
for all laborers and mechanics working at the site of the work (or under the
United States Housing Act of 1937, or under the Housing Act of 1949 in the
construction or development of the project). Such records shall contain the
name, address, and social security number of each worker, his or her correct
classification, hourly rates of wages paid including rates of contributions or costs
anticipated for bona fide fringe benefits or cash equivalents thereof the types
described in Section I (b) (2) (B) of the Davis-Bacon Act), daily and weekly
number of hours worked, deductions made and actual wages paid.
Whenever the Secretary of Labor has found under 29 CFR Sec. 5.5 (a) (I) (iv)
that the wages of any laborer or mechanic include the amount of any costs
reasonably anticipated in providing benefits under a plan or program described in
Section I (b) (2) (b) of the Davis-Bacon Act, the Contractor shall maintain
records which show that the commitment to provide such benefits is enforceable,
that the plan or program has been communicated in writing to the labors or
mechanics affected, and records which show the costs anticipated or the actual
cost incurred in providing such benefits. Contractors employing apprentices and
trainees under approved programs shall maintain written evidence of the
registration of apprenticeship programs and certification of trainee programs, the
registration of the apprentices and trainees, and the ratios and wage rates
prescribed in the applicable programs.
b. The Contractor shall submit weekly for each week in which any Contract work is
performed a copy of all payrolls to the Department of Transportation if the
Department of Transportation is a party to the Contract, but if the Department of
Transportation is not such a party, the Contractor will submit the payrolls to the
applicant, sponsor, or owner, as the case may be, for transmission to the
Department of Transportation. The payrolls submitted shall set out accurately
and completely all of the information required to be maintained under Sec. 5.5
(a) (3) (I) of regulations, 29 CFR Part 5. This information may be submitted in
any form desired. Optional form WH-347 is available for this purpose and may
be purchased from the Superintendent of Documents (Federal Stock Number
029-005-00014-1), U.S. Government Printing Office, Washington, D.C. 20402.
The prime contractor is responsible for the submission of copies of payrolls by
all subcontractors.
c. Each payroll submitted shall be accompanied by a "Statement of Compliance",
signed by the Contractor or subcontractor or hi s or her agent who pays or
supervises the payment of the persons employed under the Contract and shall
certify the following:
(I) That the payroll for the payroll period contains the information required to be
maintained under Sec. 5.5 (a) (3) (I) of regulations, 29 CFR Part 5 and that
such information is correct and complete.
(2) That each laborer or mechanic (including each helper, apprentice, and
trainee) employed on the Contract during the payroll period has been paid the
full weekly wages earned, without rebate, either directly or indirectly, and
that no deductions have been made either directly or indirectly from the full
wages earned, other than permissible deductions as set forth in regulations,
29 CFR Part 3.
(3) That each laborer or mechanic has been paid not less than the applicable
wage rates and fringe benefits or cash equivalents for the classification of
work performed, as specified in the applicable wage determination
incorporated into the Contract.
d. The weekly submission of a properly executed certification set forth on the
reverse side of Optional form WH-347 shall satisfy the requirement for
submission of the "Statement of Compliance" required by paragraph (a) (3) (ii)
(b) of29 CFR Sec. 5.5.
e. The falsification of any of the above certifications may subject the Contractor or
subcontractor to civil or criminal prosecution under Section 100 I of Title 18 and
Section 231 of Title 31 of the United States Code.
f. The Contractor or subcontractor shall make the records required under paragraph
(a) (3) (I) of29 CFR Sec. 5.5 available for inspection, copying, or transcription
by authorized representatives of the Department of Transportation or the
Department of Labor, and shall permit such representatives to interview
employees during working hours on the job. If the Contractor or subcontractor
fails to submit the required records or to make them available, the Federal
Agency may, after written notice to the Contractor, sponsor, applicant, or owner,
take such action as may be necessary to cause the suspension of any further
payment, advance, or guarantee of funds. Furthermore, failure to submit the
required records upon request or to make such records available may be grounds
for debarment action pursuant to 29 CFR Sec. 5.12.
4. Apprentices and Trainees - Apprentices
a. Apprentices will be permitted to work at less than the predetermined rate for the
work they performed when they are employed pursuant to and individually
registered in a bona fide apprenticeship program registered with the U.S.
Department of Labor, Employment and Training Administration, Bureau of
Apprenticeship and Training, or with a State Apprenticeship Agency recognized
by the Bureau, or if a person is employed in his or her first 90 days of
probationary employment as an apprenticeship program, who is not individually
registered in the program, but who has been certified by the Bureau of
Apprenticeship and Training, or with a State Apprenticeship and Training or a
State Apprenticeship Agency (where appropriate) to be eligible for probationary
employment as an apprentice.
The allowable ratio of apprentices to journeymen on the job site in any craft
classification shall not be greater than the ratio permitted to the Contractor as to
the entire work force under the registered program. Any worker listed on the
payroll at an apprentice wage rate, who is not registered or otherwise employed
as stated above shall not be paid less than the applicable wage determination for
the work actually performed. In addition, any apprentice performing work on the
job site in excess of the ration permitted under the registered program shall not be
paid less than the applicable wage rate on the wage determination for the work
actually performed. Where a Contractor is performing construction on a project
in a locality other than that in which its program is registered, the ratios and wage
rates (expressed in percentages of the journeyman's hourly rate) specified in the
Contractor's or subcontractor's registered program shall be observed. Every
apprentice must be paid at not less than the rate speci fied in the registered
program for the apprentice level of progress, expressed as a percentage of the
journeyman's hourly rate specified in the applicable wage determination.
Apprentices shall be paid fringe benefits, in accordance with the provisions of the
apprentice program. If the apprentice program does not specify fringe benefits,
apprentices must be paid the full amount of fringe benefits listed on the wage
determination for the applicable classification. If the Administrator determines
that a different practice prevails for the applicable apprentice classification,
fringe benefits shall be paid in accordance with that determination. In the event
the Bureau of Apprenticeship and Training or a State Apprenticeship Agency
recognized by the Bureau, withdraws approval of an Apprenticeship Program, the
Contractor will no longer be permitted to utilize apprentices at less than the
applicable predetermined rate for the work performed until an acceptable
program is approved.
b. Trainees Except as provided in 29 CFR Sec. 5.1 6, Trainees will not be
permitted to work at less than the predetermined rate for the work performed
unless they are employed pursuant to and individually registered in a program
which has recei ved prior approval, evidence by formal certification by the u.S.
Department of Labor, Employment and Training Administration. The ratio of
trainees to journeymen on the job site shall not be greater than permitted under
the plan approved by the Employment and Training Administration. Every
trainee must be paid at not less than the rate specified in the approved program
for the trainee's level of progress, expressed as a percentage of the journeyman's R
hourly rate specified in the applicable wage determination. Trainees shall be
paid fringe benefits in accordance with the provision of the trainees program. If
the trainees program does not mention fringe benefits, trainees shall be paid the
full amount of fringe benefits listed on the wage determination unless the
Administrator of the Wage and Hour Division determines that there is an
apprenticeship program associated with the corresponding journeyman's wage
rate on the wage determination which provides for less than full fringe benefits
for apprentices. Any employee li sted on the payroll at a trainee rate who is not
registered and participating in a training plan approved by the employment and
training administration shall not be paid less than the applicable wage rate on the
wage determination for the classification of work actually performed. In
addition, any trainee performing work on the job site in excess of the ration
permitted under the registered program shall be paid not less than the applicable
wage rate on the wage determination for the work actually performed. In the
event the Employment and Training Administration withdraws approval of a
training program, the Contractor will no longer be permitted to utilize trainees at
less than the applicable predetermined rate for the work performed until an
acceptable program is approved.
c. Equal Emplovment ODDortunity The utilization of apprentices, trainees and
journeymen under this part shall be in conformity with the Equal Employment
Opportunity requirements of Executive Order 11246, as amended, and 29 CFR
Part 30.
5. Compliance with Copeland Act Requirements
The Contractor shall comply with the requirements of the 29 CFR Part 3, which are
incorporated by reference.
6. Subcontracts
The contractor or subcontractor shall insert in any subcontracts the clauses contained
in 29 CFR 5.5(a)(1) through (10) and such other clauses as the Federal Transit
Administration may by appropriate instructions require, and also a clause requiring
the subcontractors to include these clauses in any lower tier subcontracts. The prime
contractor shall be responsible for the compliance by any subcontractor or lower tier
subcontractor with all the contract clauses in 29 CFR 5.5.
7. Contract Termination: Debarment
A breach of the contract clauses in 29 CFR 5.5 may be grounds for termination of the
contract, and for debarment as a contractor and a subcontractor as provided in 29
CFR5.12.
8. Compliance with Davis-Bacon and Related Act Requirements
All rulings and interpretations of the Davis-Bacon and related acts contained in 29
CFR Parts 1,3 and 5 are herein incorporated by reference in this contract.
9. Disputes Concerning Labor Standards
Disputes arising out of the Labor Standards Provisions of this Contract shall not be
subject to the general disputes clause of the Contract. Such disputes shall be resolved
in accordance with the procedures of the Department of Labor set forth in 29 CFR
Parts 5, 6, and 7. Disputes within the meaning of this clause include disputes
between the Contractor (or any of its subcontractors) and the Contracting Agency, the
U.S. Department of Labor, or the employees or their representatives.
10. Certification of Eligibilitv
By entering into this Contract, the Contractor certifies that neither it (nor he or she)
nor any person or firm who has an interest in the Contractor's firm is a person or firm
ineligible to be awarded government contracts by virtue of section 3 (a) of the Davis-
Bacon Act or 29 CFR Sec. 5.12 (a) (1).
a. No part of this Contract shall be subcontracted to any person or firm ineligible
for award of a government contract by virtue of section 3 (a) of the Davis-Bacon
Act or 29 CFR Sec. 5.12(a) (1).
b. The penalty for making false statements is prescribed in the U.S. Criminal Code,
18 U.S. C. Sec. 1001.
11 . Overtime Requirements
No Contractor or subcontractor contracting for any part of the Contract work which
may require or involve the employment of laborers or mechanics shall require or
permit any such laborer or mechanic in any work week in which he or she is
employed on such work to work in excess of eight hours in any calendar day or in
excess of forty hours in such work week unless such laborer or mechanic receives
compensation at a rate of pay for all hours worked in excess of eight hours, in any
calendar day or in excess of forty hours in such work week, whichever is greater.
12. Violation: Liabilitv for Unpaid Wages: Liquidated Damages
In the event of any violation of the clause set forth in subparagraph (b) (1) 29 CFR
Sec. 5.5, the Contractor and any subcontractor responsible therefor shall be liable for
the unpaid wages. In addition, such Contractor and subcontractor shall be liable to
the United States (in the case of work done under contract for the District of
Columbia or a territory, to such district or to such territory), for liquidated damages.
Such liquidated damages shall be computed with respect to each individual laborer or
mechanic, including watchmen and guards, employed in violation of the clause set
forth in subparagraph (b) (1) of 29 CFR Sec. 5.5 in the sum of $10 for each calendar
day or which such individual was required or permitted to work in excess of eight
hours or in excess of the standard work week of forty hours without payment of the
overtime wages required by the clause set forth in subparagraph (b) (1) or 29 CFR
Sec. 5.
13. Withholding for Unpaid Wages and Liquidated Damages
The Department of Transportation or the recipient shall upon its own action or upon
written request of an authorized representative of the Department of Labor withhold
or cause to be withheld, from any monies payable on account of work performed by
the Contractor or subcontractor under any such contract or any other federal contract
with the same prime contractor, or any other federally assisted contract subject to the
Contract Work Hours and Safety Standards Act, which is held by the same prime
contractor, such sums as may be determined to be necessary to satisfY any liabilities
of such Contractor or subcontractor for unpaid wages and liquidated damages as
provided in the clause set forth in subparagraph (b) (2) of29 CFR Sec. 5.5.
14. Nonconstruction Contracts
In addition to the clauses contained in 29 CFR Sec. 5.5 (b) (10) through (14), in any
contract subject only to the Contract Work Hours and Safety Standards Act and not
to any of the other statutes cited in 29 CFR Sec. 5.1., the recipient shall insert a
clause requiring that the Contractor or subcontractor shall maintain payrolls and basic
payroll records during the course of the work and shall preserve them for a period of
three years from the completion of the Contract for all laborers and mechanics,
including guards and watchmen, working on the Contract. Such records shall contain
the names and address of each employee, social security number, correct
classifications, hourly rates of wages paid, daily and weekly number of hours
worked, deductions made, and actual wages paid. Further, the recipient shall require
the Contracting officer to insert in any such contract a clause providing that the
records to be maintained under this paragraph shall be made available by the
Contractor or subcontractor for inspection, copying, or transcription by authorized
representatives of the Department of Transportation and the Department of Labor,
and the Contractor or subcontractor will permit such representatives to interview
employees during work hours on the job.
15. Subcontracts
The Contractor or subcontractor shall insert in any subcontracts the clauses set forth
in subparagraph 1 through 12 of this paragraph and also a clause requiring the
subcontractors to include these clauses in any lower tier subcontracts. The prime
contractor shall be responsible for compliance by any subcontractor or lower tier
subcontractor with the clauses set forth in subparagraph 1 through 14 of this
paragraph.
16. Certified Payron - Construction Projects (1117177)
The Authority shall obtain from each Contractor and subcontractor a certified copy of
each weekly payroll within seven days after the regular payroll date. Following a
review by the Authority for compliance with State and Federal Labor Laws, the
payroll copy shall be retained at the project site for later review by the Federal
Transportation Administration. A Contractor may use the Department of Labor Form
WH-347, "Optional Payroll Form", which provides all the necessary payroll
information and certifications. This Department of Labor Form may be purchased at
nominal cost from the Superintendent of Documents, U.S. Government Printing
Office, Washington, D.C. 20402. However, the Contractor may use his own payroll
form provided it includes the same information and certifications as the Department
of Labor Form WH-348, "Statement of Compliance".
17. Minoritv Bnsiness Enterprise Policv. It is the policy of the Department of
Transportation that minority business enterprises, as defined in 49 CFR Part 23, shall
have the maximum opportunity to participate in the performance of contracts
financed in whole or in part with federal funds under this agreement. Consequently,
the MBE requirements of 49 CFR Part 23 apply to this agreement.
18. MBE Obligation. The Authority and its contractors agree to ensure that minority
business enterprises as defined in 49 CFR Part 23 have the maximum opportunity to
participate in the performance of contracts and subcontracts financed in whole or in part with
federal funds provided under this Agreement. In this regard the Authority and its contractors
shall take all necessary and reasonable steps in accordance with 49 CFR Part 23 to ensure that
minority business enterprises have the maximum opportunity to compete for and perform
contracts. The Authority and its contractors shall not discriminate on the basis of race, color,
national origin or sex in the award and performance of DOT assisted contracts.
Cc. MINIMUM FEDERAL WAGE RATES
Minimum wages to be paid on this construction project have been established by Wage
Predetermination Decisions of the U. S. Secretary of Labor. These wage rates must be
prominently posted at the construction site.
1. Wage Determination Decision
Wage predetermination decisions of the U. S. Secretary of Labor are
incorporated herein as follows:
Prebid Review Control Sheet
(PRCS)
To be completed, signed and submitted to Contract Documents Coordinator with review copy of
Specifications and Final Estimate. Review copy is to be bound in such a manner to facilitate removal and/or
insertion of pages. Insert N/A (not applicable) where appropriate in items below.
1. a.
MBTA Contract No.: ________ _
b. Contract Specifications Title: ___________________ _
2. a. FTA Project No.: _________ _
b. FTA Project Title: _ ___________________ _
3. a.
Designer's Name: _________________________ _
b. Address: _____________________ _ _ _
c. Indi vidual to Contact : ____________________ __ _
d. Professional Service Contract No. ________ _
e. Phone No. _ _ _____ _
f. FAX No.
4. a. Designee of the General Manager: _________________ _
AGM of Design and Construction
b. Project Manager: _________ _
c. Phone No.
d. FAX No.
5. a. Estimated Construction Cost ' ________ _
b. Funds Avail abl e" ________ _
c. Proposed Const ructi on Start ing Date: _____ _
d. Proposed Compl etion Date: ____ _
*Ifthe Construction Estimate is $1,000,000 or over, the Bidding Documents (Bid Form) must include prequalification paragraphs,
project value, and Cl ass of Wor k. Class of Work recommended must be approved by Contract Administration.
**Budget Department approval is required -- Project Office must attach concurrence in writing from Director of Budget.
Revised Nov 2010 Pre Bid Review Control Sheet
6. a.
Source of Funds: (Insert Budget No.) --;::===:::;-_______ _
FTAL-I _---ll BONDLI _---ll MASSDOT I L-_--l OTHER
CBA 10. No. _____ _ CMS Work Order No. _______ _
b. Source of Funds for Printing and Advert isement of NTB:
Area No. ______ _
Account No.
Center No. ____________ __
Active Work Order No .. _____ _
c. Method of Procurement
Sealed Bid, ____ Two Step, ______ Sole Source ____ _
7. Desired advertising period (minimum - 30 days) ________________________ _
a. If less than 3 ~ d a y s are desired, the Project Manager must obtain approval in writing
from Organizational Diversity through the Chief of Design and Construction. This
approval must be submitted to Contract Administration.
8. Location, time and number of days after advertising, Pre bid Conference wi ll be held:
9. Arrangements for on-site inspection:
a. I ndividua I to contact: ______________________________________ _
b.
Phone No. _______ _ FAX No. ____ _
c. Specia I Inst ructions: ______________________________ _
10. If FTA is participating Project Manager must sign
Item g. below.
a.
b.
Has the Buy America Provision been incorporated?
Has Cargo Preference U.S. Flag Vessels Provision
been incorporated in the Supplementary Conditions?
Revised Nov 2010 PreBid Review Control Sheet
YES N/A NO
DDD
DDD
2

c.
d.
e.
f.
g.
Is Contract known to be of special interest to FlA,
sensitive and subject to close scrutiny, or unique
and require special evaluation?
Has FTA requested the opportunity to perform a
pre-bid review of the bid form and specifications?
Has latest provisions of FTA Requirements been
incorporated in the Supplementary Conditions?
Does contract require budgeting or funding action by
FTA? (e.g. budget revision or amendments)?'
This project is FTA Funded and all applicable Federal
Provisions are incorporated into the Contract Documents.
Concur:
Project Manager
Preparation and processing of requests for Budget Revisions (for
funding) to FTA are the responsibility of the Project Manager and
must be coordinated through the Budget Office.
11.
12.
Has latest provisions of Standard Federal EEO Specifications
with Appendices Nos. 1,2 and 3 been incorporated in
Supplementary Conditions? Project Managers must furnish
data to the Office of Organizational Diversity for establishment
of DBE goal. MMU and DBE goals MUST be available prior
to advertising.
Has the Right-to-Know law Provisions been incorporated?
13. Real Estate (Real Estate Department approval is required--
Project Office must attach concurrence in writing from
Director of Real Estate):
a.
b.
c.
Revised Nov 2010
Have all utility relocations been completed or
arrangements made for their relocation prior to
advertising?
Is right-of-way available for contractor's operation?
Have all residential and business relocations been
completed?
PreBid Review Control Sheet
YES N/A NO
000
OOD
000
ODD
ODD
000
000
000
000
000
3
d.
e.
Have rights of entry on all real property or right -of-
way required by the contractor for his operation been
secured?
Have all land acquisitions required for this Contract
been obtained?
YES N/A NO
000
000
(If answers 13a, 13b, Be, 13d, or 13e are negative, the Project Manager must coordinate with General Counsel and submit to Contract
Administration a memorandum of explanation and/or his approval to proceed with advertising/bidding process.)
14. Is other Authority construction work under way in the vicinity
of this contract or presently planned to be under way during
the duration of this work?
If yes, please list by name or project number other Authority
construction under way in the vicinity:
000
15. Has the Designer designated specialty items which may be per- 0 0 0
formed by subcontract? (Article 6.01- subletting or
16.
17.
18.
Assignment of Contract)
Has Value Engineering been performed on this Contract?
a. If not, The Project must submit to Contract Administration
a signed copy of the Value Engineering Waiver.
Is Contract to be lump sum?
a. If not, has Schedule of Bid prices (ENG-I04) been
attached citing quantities, Authority items numbers,
descriptions and units?
Has detailed Engineering Estimate of Bid Prices been attached?
a. In addition, the Project must also submit to Contract
Administration a lump sum breakdown of the Engineer's
Estimate in excel format.
000
0 0 0
0 0 0
0 0 0
o o o
19. Are Allowances to be incorporated in the bidding documents? 0
00
a.
Revised Nov 2010
If yes, the Project Manager must submit to Contract
Administration a letter of approval signed by the
Director of Design and Construction.
PreBid Review Control Sheet
000
4
20.
2l.
22.
23.
24.
25.
26.
27.
28.
Has a Bid Escrow account been established?
(For projects $1,000,000 or greater)
Is Railroad Protection Insurance required?
Is Pollution Liability Insurance required?
Are Asbestos, Lead or Hazardous Material Abatement
included in this Contract?
If yes,
a. Have Asbestos Abatement specifications been
incorporated in the Construction Specifications?
b. Has Lead Abatement specifications been incorporated?
c. Has Hazardous Material Abatement specifications
been incorporated?
Has a copy of Contract specifications, Article 5.04 Insurance
Requirements been forwarded to the Risk Manager?
Has Article 5.22 - Conflict of Interest been incorporated
into the Contract Specifications?
Are display panels applicable to this Contract?
a. If yes, the Project must incorporate the provisions and
detail sketches.
If station contract is in excess of $10 million have
alternative contracting methods been considered?
If contract provides for revenue producing construction
costs (concession shel ls), are separate items included?
a. If yes, the Project must submit to Contract
Administration, a signed letter confirming that the
concession plans and Specifications comply with
Massachusetts Department of Health Standards.
Revised Nov 201 a PreBid Review Control Sheet
YES N/A NO
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0
0 0
D
0 0
0 0 0
0
0 0
0 0 0
000
000
5
29.
30.
31.
32.
33.
34.
If authority-furnished materials are required, has
sufficient, long-range procurement planning taken place?
Does each product listed in "Part 2" of the specifications
provide for a minimum of three equal named brands or
a description of material that can be met by a minimum of
three manufacturers or producers? (see General
Conditions, Article 4.01)
a. If not, the Project must justify, in writing, and obtain
the AGM of Design and Construction's approval.
Do the Contract Specifications include paint systems?
a. If yes, the Project must submit to Contract -
Administration a signed letter stating that the
paint systems have been approved by
Construction - Quality Control.
Assure that the Contract Documents do not contain
restrictive provisions pertaining to the experience and
responsibility of the bidders.
a.
b.
c.
Has the Architect/Engineer submitted an appropriate
Certificate of Compliance for conformance with 521
CMR Rules and Regulations of the Architectural
Access Board, Department of Transportation 49
CFR, Parts 27, 37 and 38 regulations, ADA, and
UFAS as applicable?
If the project design does not meet regulations of the
Architectural Access Board (AAB), has a variance
application been submitted to and approved by the
AAB?
Copies of the above must be submitted to Contract
Administration.
Are equal facilities provided for male and female
personnel as applicable?
Revised Nov 2010 PreBid Review Control Sheet
YES N/A NO
D D D
D D D
DDD
DDD
DDD
D D D
DDD
DDD
DDD
6
35. Has the liquidated Damages (LD) calculations been attached?
000
a. If no, contract cannot be advertised
b. (LD) must be calculated by Project/Designer.
36. Building Permit (When Necessary)
Has the necessary review and coordination been accomplished with agencies for the building
permit as follows:
a. Massachusetts Department of Public Safety, State
b.
c.
d.
Building Inspectors?
Local Fire Departments?
Executive Secretary Board of Plumbers and Gas Filters
(When Necessary)?
Massachusetts Board of Elevators
and Escalators (When Necessary)?
o
o
00
00
000
000
Questions on these matters should be referred to the Force Account & Utility Coordinator, Design
and Construction
37.
38.
39.
Have all safety items been addressed in the specification
(refer to sections 5.15, Safety and First Aid, 01568,
Construction Safety and 01569, Safety Certification)?
Has Force Account Committee Approval been obtained?
a. If yes, the Project must submit to Contract -
Administration a Signed letter stating that the force
accou nt plan has been approved the Force Account
Committee
Has structural peer review been completed?
a. If yes, have peer structural review comments been
incorporated in the Construction Specifications?
Revised Nov 2010 Pre Bid Review Control Sheet
000
000
000
000
000
7
YES N/A NO
40. Have all Environmental permits and approvals been
obtained and forwarded to the Director of Environmental
Affairs?
a. Conservation Commission (S)
b. Corps of Engineers (S)
c. Chapter 91 License (waterways) (S)
d. DEP Soils Management (S)
e. Coast Guard (F)
f. Coastal Zone Management Consistency Statement (S)
g. MEPA Approvals (F)
h. NEPA Approvals (F)
i. Mass Historical Commissions approval (S)
j. 106 Approval (S/F)
k. 4F Statement (F)
I. Other
m. Has the Consultant identified in writing, the
Environmental Permits, Licenses and their Status?
D D
D D
D D
D D
D D
D D
D D
D D
D
D
D D
D
D
D
D
D D
Environmental requirements must be completed prior to advertisement.
Submit a signed copy of Consultant's letter.
(S) State Permit
(F) Federal Permit
Environmental Approval:
Director of Environmental Affairs
Revised Nov 2010 PreBid Review Control Sheet
D
D
D
D
D
D
D
D
D
D
D
D
D
8
YOUR SIGNATURE(S) SIGNIFIES THAT YOU HAVE REVIEWED THE CONTRACT
DOCUMENTS AND RECOMMEND PROCESSING:
Project Manager Deputy Director of Design and Construction
Date of Submission
Revised Nov 2010 Pre Bid Review Control Sheet 9

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