Section 11.07 - Special Requirements Applicable to Large ProjectsFor Large Projects, in addition to any other applicable requirements, the following shall apply:
(1)Design Contracts. Contracts for designer services for Large Projects shall not be valid unless the designer selection and the contract are approved in writing by the Department. No such contract shall be modified or amended without the prior written approval of the Department.(2)Design Documents. The designer and LHA must seek approval of the Department and, in accordance with Department guidelines, the RCAT, at key milestones during the design process:(a)Consultation on the Scope of Work. Prior to the preparation of any plans and specifications, the designer and LHA shall discuss the scope of the work on a preliminary basis with the Department and, if applicable, with the RCAT.(b)Authorization to Prepare Project Documents. The designer shall not prepare any phase of project documents without the prior written authorization of the Department and, if applicable, the RCAT. Such authorization shall not take place until all local approvals shall have been secured unless otherwise authorized by the Department and, if applicable, the RCAT.(c)Approval of Plans, Specifications, and Construction Documents. All plans and specifications, documentation of permitting, and construction documents shall be reviewed and approved by the Department and, if applicable, the RCAT prior to the LHA's advertising for bids.(3)Approval of Bid Documents. The LHA shall:(a) Forward all bid documents, including subbids, the three low general bids and a bid summary to the Department and, if applicable, the RCAT for review and written approval prior to issuing bid acceptances.(b) Not execute an owner-contractor agreement or authorize the contractor to proceed with work until the contract has received written approval of the Department and, if applicable, the RCAT. The owner-contractor agreement shall not be valid without such approval, and shall not be modified or amended without prior written concurrence of the Department and, if applicable, the RCAT.(4)Payments. The LHA shall make no payments from Capital Funding for a Large Project without the approval of the Department and, if applicable, the RCAT.(5)Change Orders. Any Change Order with respect to a Large Project shall require prior written approval by the Department and, if applicable, the RCAT.(6)Project Completion. (a)Acceptance as Substantially Complete. In order for a Large Project to be accepted by the LHA as substantially complete, it must be certified by the designer as being substantially complete in accordance with procedures established by the Department.(b)Retainage Release. Upon substantial completion of a Large Project in accordance with the owner-contractor agreement, applicable law, and the Department's procedures on Large Project contract close-out, the LHA shall release retainage to the Contractor, provided that the LHA, pursuant to advice of the architect, shall reserve sufficient funds for completion of all incomplete and unsatisfactory work, and payment of any direct payment demands and other claims against the contractor.(c)One Year Inspection. The designer shall inspect the Large Project within one year of substantial completion and shall make a list of all deficiencies. The designer shall forward the list of all deficiencies to the LHA, to the Department, and to the Contractor for prompt remedial action.Amended by Mass Register Issue 1335, eff. 3/24/2017.Amended by Mass Register Issue 1343, eff. 3/24/2017.