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  • Acts
  • 2002
  • Chapter 324 AN ACT AUTHORIZING AN ALTERNATIVE METHOD OF CONSTRUCTION FOR THE BLUE HILLS AND SPOT POND AREA COVERED WATER STORAGE TANKS.

Whereas , The deferred operation of this act would tend to defeat its purpose, which is to authorize forthwith an alternative method of construction for the Blue Hills and Spot Pond area covered water storage tanks, therefore it is hereby declared to be an emergency law, necessary for the immediate preservation of the public convenience.


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


Notwithstanding sections 38A½ to 38O, inclusive, of chapter 7, section 39M of chapter 30, and sections 44A to 44M, inclusive, of chapter 149 of the General Laws or any other general or special law or regulation providing for, or relating to the planning, design, construction or improvements to real property, the Massachusetts Water Resources Authority may utilize such alternative means of procurement for the design and construction of covered water storage tank systems together with appurtenances as it deems necessary, such tank systems to be located at or near the Blue Hills reservoir in Quincy and the Spot pond reservoir in Stoneham, as it determines to be reasonable and prudent in the circumstances. The authority shall either retain the services of an owner's representative, using the authority's existing procurement methods for professional services, or establish a staff position for an owner's representative, who shall advise the authority during the development of design and construction standards and provide other appropriate advice for the project. Design and construction contractors for the above projects shall be required to pay the prevailing wage rates in accordance with sections 26 to 27H, inclusive, of chapter 149 of the General Laws that would be applicable as if the contracts were to be awarded under these provisions of the General Laws and shall further certify that it is able to furnish labor that can work in conjunction with all other elements of labor employed or to be employed in the project. No person shall be restrained from participating as a design/construction contractor who had participated in earlier study or initial design phases of the aforementioned projects.

Approved September 19, 2002.