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  • Acts
  • 1998
  • Chapter 199 AN ACT AUTHORIZING THE CITY OF BROCKTON TO ENTER INTO CONTRACTS FOR THE OPERATION AND MAINTENANCE, LEASE OR SALE AND MODIFICATIONS OF THE WASTEWATER AND WATER TREATMENT FACILITIES PLANT, SEWER AND PUMP STATIONS.

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. The city of Brockton may enter into a contract or contracts for the lease or sale, operation and maintenance, financing, design and construction of modifications and installation of new equipment and systems necessary at the wastewater treatment facility plant, sewers and pump stations to ensure adequate services and to ensure the ability of said city's wastewater treatment facilities plant, and water treatment facility located at Silver Lake as well as sewers, water, delivery systems and pump stations to operate in full compliance with all applicable requirements of federal, state and local law; provided, however, that any such contract or contracts shall not be subject to the competitive bid requirements set forth in sections 38A½ to 38 O, inclusive, of chapter 7, section 39M of chapter 30 or sections 44A to 44M, inclusive, of chapter 149 of the General Laws; and provided, further, that each such contract shall be awarded pursuant to the provisions of chapter 30B of the General Laws except for clause (3) of paragraph (b) of section 6, clause (3) of paragraph (e) of said section 6, clause (4) of section 13 and section 16 of said chapter 30B.

The request for proposals for such contract shall specify the method for comparing proposals to determine the proposal offering the lowest cost to said city taking into consideration comprehensiveness of services, energy or water cost savings, cost to be paid by said city, and revenues to be paid to said city. If said city awards the contract to an offeror who did not submit the proposal offering the lowest overall costs, said city shall explain the reason for the award in writing.

SECTION 2. Notwithstanding the provisions of any general or special law to the contrary, any such contract awarded pursuant to section 1 may provide for a term, not exceeding 20 years and an option for renewal or extension for operations and maintenance services not exceeding an additional five years. Such renewal or extension shall be at the sole discretion of the city of Brockton in accordance with the original contract terms and conditions or contract terms and conditions more favorable to and acceptable to said city. A contract of renewal may further provide that said city shall not be exempt from liability thereon, subject to a majority vote of the municipal council of said city. A contract entered into pursuant to this act may provide that, subject to a majority vote of the city council, the city shall not be exempt from liability for payment of the costs to finance, permit, design and construct modifications or install new equipment and systems at the wastewater and water treatment facilities plant, sewers and pump stations necessary to ensure the ability of said wastewater or water treatment facilities plant, sewers and pump stations to operate in full compliance with all applicable requirements of federal, state, and local law, provided that such costs shall be amortized over a period that is no longer than the useful life of said modifications, equipment, and system. The city's payment obligations for all operations and maintenance services shall be conditioned on the contractor's performance of said services in accordance with all contractual terms.

A contract entered into pursuant to this act may provide for such activities as may be deemed necessary to carry out the purposes authorized herein, including, but not limited to, equipment purchases, facility or land sale or lease, equipment installation and replacement, performance testing and operation, studies, design and engineering work, construction work, ordinary repairs and maintenance and the furnishing of all related material, supplies and services required for the wastewater, and water treatment facilities plant, sewers, and pump stations and the management, operation, maintenance and repair of said city's wastewater and water treatment facilities plant, sewers and related pump stations, pipes, water delivery systems not existing or to be developed.

SECTION 3. The chief financial officer of the city of Brockton, in consultation with the chief procurement officer, shall solicit proposals through a request for proposals which shall include those items in clauses (1) and (2) of paragraph (b) of section 6 of chapter 30B of the General Laws and proposed key contractual terms and conditions to be incorporated into the contract, some of which may be deemed mandatory or nonnegotiable; provided, however, that such request for proposals may request proposals or offer options for fulfillment of other contractual terms, and such other matters as may be determined by said city.

SECTION 4. The chief financial officer of the city of Brockton, in consultation with the chief procurement officer, shall make a preliminary determination of the most advantageous proposal from a responsible and responsive offeror taking into consideration price, estimated life-cycle costs and the other evaluation criteria set forth in the request for proposal. Said chief financial officer may negotiate all terms of the contract not deemed mandatory or nonnegotiable with such offeror. If, after negotiations with such offeror, said chief financial officer determines that it is in said city's best interest, said chief financial officer may initiate negotiations with the next most advantageous proposal from a responsible and responsive offeror taking into consideration price, estimated life-cycle costs and other evaluation criteria set forth in the request for proposals, and may negotiate all terms of the contract not deemed mandatory or nonnegotiable with such offeror. Said chief financial officer shall award the contract to the most advantageous proposal from a responsible and responsive offeror taking into consideration price, estimated life-cycle costs, the evaluated criteria set forth in the request for proposals and the terms of the negotiated contract. Subject to the approval of the mayor and the city council, the chief financial officer, in consultation with the chief procurement officer, shall award the contract by written notice to the selected offeror within the time for acceptance specified in the request for proposals. Such award shall be subject to sections 5 and 6. The parties may extend the time for acceptance by mutual agreement.

SECTION 5. Notwithstanding any other provisions of this act, it shall be a mandatory term of any request for proposal issued by the city of Brockton and of any contract entered into by said city with any party regarding the subject matter of this act, that any party that entered into a contract pursuant to the terms of this act with said city, shall require, in order to maintain stable and productive labor relations and to avoid interruption of the operation of the plant and to preserve the health, safety and environmental conditions of the residents of said city and surrounding communities, that any and all employees working on the operation and maintenance of the wastewater and water treatment plants, sewers and pumping stations be offered employment by any party entering into contract with said city for the operations and maintenance of said facilities, and furthermore, said party entering into a contract with said city shall adopt all terms and conditions of employment provided by the last applicable labor agreement negotiated between a labor organization representing said employees and the applicable employer who has most recently employed said employees prior to entering into any contracts pursuant to this act, and provided that any party entering into said contract with said city pursuant to this act will pay all said employees no less than the sum of the applicable wages paid to said employees by their previous employer and by said city, if applicable. Moreover, said parties shall furthermore agree to meet its legal obligations with regard to any labor organization representing employees engaged in the operations and maintenance of the wastewater and water treatment plants, sewers and pumping stations described herein. Notwithstanding any other provisions of this act, any proposal or contract for this purpose and not complying with the above terms shall be automatically disqualified from consideration.

SECTION 6. Subject to the provisions of this act, any contract awarded pursuant to this act shall be subject to such terms and conditions as the mayor and the city council shall determine to be in the best interest of the city of Brockton and shall be subject to a majority vote of said city council. Any such contract shall provide that prior to the construction, modification or installation of equipment and systems the city shall cause a qualified wastewater engineer to independently review and approve plans and specifications for said modifications, equipment, and systems. Such contract shall further provide that prior to the city's acceptance of any modifications, equipment, or systems, including work undertaken pursuant to section 8 and estimated to cost more than $100,000, the city shall cause a qualified wastewater engineer to inspect said modifications, equipment, and systems and certify that the construction or installation has been completed in accordance with the approved plans and specifications.

SECTION 7. Notwithstanding the provisions of any general or special law or regulation to the contrary, the department of environmental protection may issue project approval certificates with respect to the contract procured by the city of Brockton for wastewater and water treatment facilities improvements and any design and construction services included in such contracts shall be eligible for assistance under the Water Pollution Abatement Trust, established by section 2 of chapter 29C of the General Laws.

SECTION 8. The provisions of any general or special law or regulation relating to the advertising, bidding or award of contracts, to the procurement of services or to the construction and design of improvements shall not be applicable to any selected offeror which is awarded a contract pursuant to this act. Any contract changes entered into pursuant to this act shall provide that the selected offeror in performing any installation or replacement work for any contract in excess of $100,000 at the wastewater, and water treatment plant, sewers, and pump stations shall except in emergency situations solicit at least three bids for such work and shall award such work to the lowest responsible and qualified bidder. In soliciting bids, the contractor shall prepare detailed plans and specifications for and publicly advertise and notice the request for bids. The solicitation shall be open to all qualified bidders. All contracts for such work shall be subject to the requirement of the city ordinances of the city of Brockton relating to the employment of residents of said city in municipal construction projects. The contractor may act as an agent of the city in the solicitation of bids for the construction of any new capital improvement or for any renovation, modernization, installation, or replacement work pursuant to this section, provided that the city shall cause a qualified wastewater engineer to independently assess the need for such capital improvement, renovation, modernization, installation or replacement work and to review and approve the contractor's proposed plans and specifications prior to advertising for bids. Based on the recommendation of the qualified wastewater engineer, the city may approve, modify, or reject the contractor's proposed plans and specifications. Any contract or contracts awarded pursuant to this act shall provide that in the event that the city does not approve the contractor's proposed plans and specifications pursuant to this section, the city or the contractor may terminate said contract or contracts under the terms and conditions of said contract or contracts.

SECTION 9. All contracts or subcontracts for new construction, renovations, modernization improvement or capital improvements to the wastewater and water treatment facilities in the city of Brockton, including but not limited to all treatment facilities and pump stations shall be awarded only to persons or entities whose bids or proposals are subject to said persons or entities being signatory to a project labor agreement with the appropriate labor organization which includes an obligation for said labor organizations and its constituents members not to strike with respect to the work on said construction project and which also establishes uniform work rules and schedules for the project. Said project agreement shall be entered into in order to facilitate the timely and efficient completion of the construction of said improvements and make available a ready and adequate supply of highly trained skilled craft workers which shall provide a negotiated commitment which is a legally enforceable means of assuring labor stability and labor peace over the life of this project. The applicable entity responsible for any construction renovation, modernization, improvement, or capital improvement to the wastewater and water treatment plant and pumping stations shall designate a general contractor project manager or similar construction firm which is familiar in the negotiation and administration of project labor agreements to manage and oversee the construction of the project, including the development and implementation of labor relation policies for the project, and to instruct such general contractor, project manager or other construction firm to negotiate a mutually agreeable project labor agreement covering the above-described work. All contracts for such work shall be subject to the requirements of the city ordinance relating to the employment of residents of said city in municipal construction projects.

SECTION 10. This act shall take effect upon its passage.

Approved July 31, 1998.