HOUSE DOCKET, NO. 4648        FILED ON: 10/8/2009

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 4317

The Commonwealth of Massachusetts

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In the Year Two Thousand Nine

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An Act Relative to Construction Contracts in the Town of Andover..

Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follows:
 

SECTION 1.  In the town of Andover, every procurement for the construction, reconstruction, installation, demolition, maintenance or repair of any building by the town estimated to cost less than $5,000 shall be obtained through the exercise of sound business practices. The town shall make and keep a record of each such procurement. Said record shall, at a minimum, include the name and address of the person from whom the services were procured. Written price quotations submitted in accordance with this subsection do not require bid deposits.

Every contract for the construction, reconstruction, installation, demolition, maintenance or repair of any building by the town estimated to cost not less than $5,000 but less than $10,000 shall be awarded to the responsible person offering to perform the contract at the lowest price quotation; provided, however, that the town shall seek written price quotations from no fewer than 3 persons customarily providing the work for which the contract is being made available. When seeking written quotation, the town shall make and keep a record of the names and addresses of all persons from whom price quotations were sought, the names of the persons submitting price quotations and the date and amount of each price quotation. Written price quotations submitted in accordance with this subsection do not require bid deposits.

Every contract for the construction, reconstruction, installation, demolition, maintenance or repair of any building in the town of Andover estimated to cost not less than $10,000 but not more than $25,000 shall be awarded to the responsible person offering to perform the contract at the lowest price. The town shall make public notification of the contract and shall seek written responses from persons who customarily perform such work. The public notification shall include a scope of work statement that defines the work to be performed and provides potential responders with sufficient information regarding the objectives and requirements of the public agency and the time period within which the work is to be completed. For purposes of this subsection, "public notification" shall include, but not necessarily be limited to, posting, no less than 2 weeks before the time specified in the notification for the receipt of responses, the contract and scope of work statement on the website of the public agency and, either on the COMPASS system, so-called, or in the central register established under section 20A of chapter 9 of the General Laws, and in a conspicuous place in or near the primary office of the public agency. Written price quotations submitted in accordance with this subsection do not require bid deposits.

    Every contract for the construction, reconstruction, installation, demolition, maintenance or    repair of any building in Andover estimated to cost more than $25,000 but not more than $100,000 shall be awarded to the lowest responsible and eligible bidder on the basis of competitive bids publicly opened and read in accordance with the procedure set forth in section 39M of chapter 30 of the General Laws. The term "pumping station" as used in this section shall mean a building or other structure which houses solely pumps and appurtenant electrical and plumbing fixtures.

Every contract for the construction, reconstruction, installation, demolition, maintenance or repair of any building in the town of Andover estimated to cost more than $100,000, except for a pumping station, to be constructed, reconstructed, installed, demolished, maintained or repaired as an integral part of a sewer construction or water construction project bid under the provisions of said section 39M of said chapter 30, shall be awarded to the lowest responsible and eligible general bidder on the basis of competitive bids in accordance with the procedures set forth in sections 44A to 44H, inclusive of chapter 149 of the General Laws.

When the General Court has approved the use of an alternative mode of procurement of construction for a project pursuant to section 7E of chapter 29 of the General Laws, the town shall follow the policies and procedures of this section and of sections 44B to 44H, inclusive, of said chapter 149 to the extent compatible with the mode of construction procurement selected.

Notwithstanding the foregoing paragraph, the town may undertake the procurement of   modular buildings in accordance with section 44E of chapter 149 of the General Laws.  The town may procure site work for modular buildings, including, but not limited to, construction of foundations, installations, and attachment to external utilities, or any portion of site work, either in combination with the procurement of modular buildings pursuant to said section 44E of said chapter 149 or on the basis of competitive bids pursuant to the foregoing paragraph. Notwithstanding the foregoing paragraph, the town may procure energy management services in accordance with section 11C of chapter 25A of the General Laws and any regulations promulgated thereunder.

SECTION 2. This act shall take effect upon its passage.