Berkshire county highway superintendents assocation

 

 

MassDOT  

Chapter 90 Program

The Chapter 90 Program was enacted on March 23, 1973, by vote of the Public Works Commission to entitle Municipalities to reimbursement of documented expenditures under the provisions of General Laws, Chapter 90, Section 34, Clause 2(a) on approved Projects. The Funds provided from Transportation Bond Issues authorizes such Capital Improvement Projects for Highway Construction, Preservation and Improvement Projects that create or extend the life of Capital Facilities as follows:  

CHAPTER 90 IS A 100% REIMBURSABLE PROGRAM

Grants are made in accordance with Section 34 Chapter 90 MGL. These funds shall be used in compliance with all applicable statutes and regulations, including but not limited to, Chapter 30, Section 39M; Chapter 149, Section 44J; Chapter 149, Section 26-27F; as applicable for maintaining, repairing, improving and constructing town and county ways and bridges which qualify under the State Aid Highway Guidelines adopted by the Public Works Commission.  

THE FOLLOWING PROJECT GUIDELINES ARE INCLUDED IN THE CHAPTER 90 LAW

Funds must be allocated to roadway projects, such as resurfacing and related work (the minimum for resurfacing shall be 3/4" course with a continuous length of 500') and other work incidental to the above such as preliminary engineering including State Aid/Consultant Design Agreements, right-of-way acquisition, shoulders, side road approaches, landscaping and tree planting, roadside drainage, structures (including bridges), sidewalks, traffic control and service facilities, street lighting (excluding operating costs), and for such other purposes as the Department may specifically authorize. The municipality shall provide documentation of compliance with Chapter 149, Sections 44J and 26-27F; as applicable.  

THE FOLLOWING ADDITIONAL PROJECT GUIDELINES FOR CHAPTER 90 WORK WERE VOTED AND APPROVED BY THE BOARD OF COMMISSIONERS ON SEPTEMBER 28, 1994  

  • HIGHWAY CONSTRUCTION, PRESERVATION AND IMPROVEMENT PROJECTS THAT CREATE OR EXTEND THE LIFE OF CAPITAL FACILITIES:  

    • Resurfacing, Graveling, Microsurfacing, Pug Mill Mix (cold mix), Chip Stone Seal, Oil and Stone, Infrared Repairs (in connection with surface treatments), Recycled Aggregate Pavement, Rip Rap, Fabric, Crack Sealing, Drainage, Intersections, Shoulders, Guardrails, Sidewalks, Footbridges, Berms and Curbs, Traffic Controls and Related Facilities, Right of Way Acquisition, Street Lighting (excluding operating costs and decorative enhancements), Construction, Direction and Warning Signs (must comply with MUTCD), Bridges, and Tree Planting/Landscaping in association with a project.    

  • PROJECTS AND USES  

    • Bikeways, Salt Sheds, Garages (construction and additions) for storage of road building equipment. Bikeways and Public use of off-street parking facilities related to mass transportation, a facility with bus or rail services. Engineering services and expenses related to highway and mass transportation purposes. Pavement management systems, development and maintenance.    

  • ROAD BUILDING MACHINERY, EQUIPMENT AND TOOLS  

    • Care, repair and storage must be project related and submitted on the same project request form. Purchase, replacement and long-term lease of road building machinery, equipment and tools that must remain the property of the municipality. Long-term lease will be reimbursed once annually for the construction season.    

  • ROAD BUILDING EQUIPMENT  

    • Air Compressor, Asphalt Hot Box, Back Hoe, Berm Machine, Catch Basin Cleaner, Chipper, Wood & Brush, Chain Saw, Clam or Dragline, Compactor, Concrete, Floor Trowel, Concrete Mixer, Crack Sealer, Crane, Excavator, Generator, Grader, Gradall, Infrared Machine, Jackhammer, Lab Testing Equipment, Loader, Pavement Breaker, Paver, Pump, Roller, Spreader for Chip Seal Project, Striper, Survey Equipment, Sweeper, Tools, Tractor, Trailer, Trencher, Truck, Minimum 27,000 Pounds, Welder.

Chapter 90 Project Implementation

Beginning a Project | Procedures to follow | Reimbursement Information | Additional information required for reimbursements

Beginning a Project

Procedures to follow

  • Complete a Chapter 90 Project Request Form, Estimate Sheet and an Environmental Punch List for each proposed project utilizing Chapter 90 funds. Include all information requested and add attachments as necessary, such as preliminary estimates of quantities of material and costs of the project. It is important to be as accurate as possible when describing the project.

  • Submit two (2) completed sets of the Project Request and Environmental Punch List with original authorized municipal officials' signatures to the District Office. (Chapter 90 Project Forms can be obtained from the MassDOT Highway Division website or the local district office).

  • You will also be required to comply with all applicable statutes and regulations relative to the Commonwealth's construction bidding process, including but not limited to, Chapter 30, section 39M, Chapter 29, Section 8B and Chapter 149, Section 26-27F and 44J. To assist you in this regard, a summary of the Commonwealth's bidding process prepared by the Office of the Inspector General is available at your respective Mass Highway District Office.

Reimbursement Information

  • Submit the Chapter 90 Reimbursement Request forms after the start of construction on a periodic basis. Only one signed Reimbursement Request and related information should be submitted to the District Office at any time. The frequency with which the forms are submitted is to be determined jointly by the community and the district. A Project Reimbursement Request form should list each Standard Contract ID # from which funds are being used, and the completed work for which reimbursement is requested.

  • The last Reimbursement Request Form must be accompanied by a single Final Report when the project is complete, or when all funds have been used. The authorized municipal officials' original signatures must be included. 
    (Chapter 90 Reimbursement Request forms can be obtained from the MassDOT Highway Division website or the local district office).

Additional information required for reimbursements

  • Check numbers or copies of cancelled checks and invoices.

  • Payroll and Materials Forms (HED 600 and HED-454, respectively).

  • Summary of Bids (Form IUD 756) or another sheet with comparable information.

  • If applicable, copies of the advertisement that appeared in both the Central Register and a paper of general local circulation.

  • A copy of up to date Minimum Wage Rates attached to the first Reimbursement Request submitted.

Contact Information

Budget Office

Paul Jay, Budget Director - Tel: 857-368-9150

Boston Local Aid Section Contacts

10 Park Plaza
RM 5562
Boston, Ma 02116
Maria Conti, Local Aid Supervisor
Tel: 857-368-9144/Fax 857-368-0661

Local Aid District Contacts

DISTRICT 1 270 Pittsfield Road Lenox, MA 01240 Kathy Stevens, Manager - Tel. (413) 637-5765/ Fax (413) 637-0309 Peter A. Niles, P.E., District Highway Director
kathy.stevens@state.ma.us

DISTRICT 2
811 North King Street
 
Northampton, MA 01060 
Louis Misiun, Manager - Tel. (413) 582-0548/ Fax (413) 582-0596
Albert Stegemann, P.E., District Highway Director

 

Chapter 90 Forms

Chapter 90 Project Request Form | Chapter 90 Preliminary Estimate Form | Chapter 90 Summary of Bids Form | Chapter 90 Environmental Punch List | Chapter 90 Reimbursement Request | Chapter 90 Payroll (600 Form) | Chapter 90 List of Materials (454 Form) | Final Report

Chapter 90 Project Request Form

  • The City/Town uses this form to confirm eligibility of a specific project under Chapter 90. This information on the form should provide all details of work to be done, and list all Memorandum of Agreements numbers to be used under Chapter 90. The District Highway Director, with assistance from the District State Aid Engineer, certifies the eligibility of the project. 
    c90pr2012Aug.dot (65 KB)

Chapter 90 Preliminary Estimate Form

  • This form is submitted by the city/town to the District Office in order to calculate an initial estimate for the work to be completed under the CH 90 Project being requested. This form should accompany the Chapter 90 Project Request Form.
    hed614r.xlt (280 KB)

Chapter 90 Summary of Bids Form

  • This form lets MassDOT know that the municipality has procured the goods/services properly by submitting the list of bidders with a notation of the winning bidder.
    hed756.xlt (538 KB)

Chapter 90 Environmental Punch List

  • The City/Town submits this form to the District Office to certify environmental approvals and compliance. This form should accompany the Chapter 90 Project Request Form. 
    c90epl2012Sep.dot (561 KB)

Chapter 90 Reimbursement Request

  • The City/Town submits this form to document expenditures in order to request reimbursement for previously approved Chapter 90 Projects. This form is submitted with the Chapter 90 List of Materials HED-454 Form and/or the Chapter 90 Payroll HED-600 Form, as well as, copies of invoices. 
    c90rr8-2012.doc (562 KB)

Chapter 90 Payroll (600 Form)

  • This form is used by the City/Town to record personnel time used on a specific project under the Chapter 90 program. It is forwarded to and used by the District State Aid Engineer to verify that all personnel and their time qualify under the specific authorizing legislation tied to the Memorandum of Agreement being used to fund the project. This form should accompany the Chapter 90 Final Report. 
    hed600.xlt (158 KB)

Chapter 90 List of Materials (454 Form)

  • This form is used by the City/Town to record materials used on a specific project under the Chapter 90 program. It is forwarded to and used by the District State Aid Engineer to verify that all materials and their quantities qualify under the specific authorizing legislation tied to the Memorandum of Agreement used to fund the project. This form should accompany the Chapter 90 Final Report. 
    hed454.xlt (121 KB)

Final Report

  • This form is to be completed by the municipalities when Chapter 90 approved projects are finalized.
    c90FinalRpt2012Aug.doc (85 KB)

Contractor Evaluation Form

 

Price Adjustment Requirements for 
Cities and Towns

  • All municipalities are required to include price adjustment clauses for diesel fuel, gasoline, liquid asphalt, Portland cement concrete, and steel in the bid documents of all construction contracts to be funded under the program described in Chapter 4, Section 6C of the Massachusetts General Laws (commonly referred to as "the Chapter 90 Program"). Specifically, the price adjustment clauses are required for Chapter 90 Program projects authorized by Chapters 86 and 303 of the Acts of 2008, pursuant to St. 2008, c. 303 An Act Financing Improvements to the Commonwealth's Transportation System, and funds authorized by Chapter 10, Section 4 of the Acts of 2011, pursuant to St. 2011, c. 10 An Act Providing for the Municipal Road and Bridge Maintenance Needs of the Commonwealth.

Both Chapter 303, section 60 of the Acts of 2008 and Chapter 10, section 4 of the Acts of 2011 provide:

  • Notwithstanding any general or special law to the contrary, all construction contracts funded in whole or in part by the funds authorized by this act shall include a price adjustment clause for each of the following: fuel, both diesel and gasoline; asphalt; concrete; and steel. A base price for each material shall be set by the awarding authority or agency and included in the bid documents at the time a project is advertised. The awarding authority or agency shall also identify in the bid documents the price index to be used for each material or supply. The adjustment clause shall provide for a contract adjustment to be made on a monthly basis when the monthly cost change exceeds +/- 5 per cent.

  • MassDOT has developed specific contract language for use in MassDOT construction contracts. These price adjustment clauses have been posted on the MassDOT Highway Division website for your information and use. In addition, period prices for Portland cement, diesel fuel, gasoline, and liquid asphalt can be found on the Highway Division website at: http://www.massdot.state.ma.us/highway/DoingBusinessWithUs/Construction/PriceAdjustments.aspx.

  • Please note the website provides an explanation of the two different methods for determining liquid asphalt period prices: one for contracts bid before December 15, 2008 and one for contracts bid after December 15, 2008.

Price Adjustment Workchart

 

Price Adjustment Stone Seal

 

 Project Estimating Sheet

Estimating Work Sheet

Email Kathy for a copy of estimating or adjustment sheets if they do not work;  kathy.stevens@state.ma.us

Prequalification Office Forms

Flow Chart: http://www.massdot.state.ma.us/Portals/8/docs/prequalContractors/Ch90PrequalProcess20120607.pdf

Instructions:http://www.massdot.state.ma.us/Portals/8/docs/prequalContractors/Ch90FormInstructions20130613.pdf

Prequalifications Form:http://www.massdot.state.ma.us/Portals/8/docs/prequalContractors/CityTownPrequal20130611.pdf

Item List: http://www.massdot.state.ma.us/Portals/8/docs/prequalContractors/chptr90_itemList2013.pdf

Forms Page:http://www.massdot.state.ma.us/highway/Departments/PrequalificationofHorizontalConstructionFirms.aspx

Central Register Forms

http://www.sec.state.ma.us/spr/sprcentral/infosubmit.htm

Prequalified Consultants

http://www.mhd.state.ma.us/apps/mhdconsultants/mhd_consultants.asp

Prevailing Wage Program

http://www.mass.gov/lwd/labor-standards/prevailing-wage-program/

 2015 Chapter 90 Presentation

State Aid Booklet

State Aid Power Point

RIP & TEAR DESIGNS