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Session Law

2011

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Chapter 38 AN ACT AUTHORIZING AN ALTERNATIVE MODE OF DESIGN AND CONSTRUCTION FOR THE REHABILITATION OF A SEWER INTERCEPTOR IN THE CITY OF EVERETT.

Whereas, The deferred operation of this act would tend to defeat its purpose, which is to authorize forthwith an alternative method of design and construction for the rehabilitation of an active sewer interceptor of the Massachusetts Water Resources Authority, 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:

SECTION 1. Notwithstanding sections 38A1/2 to 38O, inclusive, of chapter 7 of the General Laws, section 39M of chapter 30 of the General Laws, sections 44A to 44M, inclusive, of chapter 149 of the General Laws, section 14 of chapter 149A of the General Laws or any other general or special law or regulation relative to the planning, design, construction or improvement to real property to the contrary, the Massachusetts Water Resources Authority may utilize such alternative means of procurement as the authority determines to be reasonable and prudent under the circumstances, for the design and construction of the rehabilitation of approximately 1,800 feet of brick sewer interceptor, including manholes, siphon chamber and connecting structures, known as Section 156 Sewer Interceptor, within the city of Everett between the Malden River and Air Force Road, together with such appurtenances as it deems necessary, to coordinate with the construction of an approximately 40-acre business park project known as RiverGreen Technology Park; provided, however, that the authority shall publicly advertise any form of solicitation within the COMPASS system and in the central register not less than 2 weeks before statements of qualifications, bids or proposals are due; and provided, further, that the authority shall either retain the services of an owner's representative, using the authority's existing procurement methods for professional services, or establish an owner's representative staff position and that owner’s representative shall advise the authority during the development of design and construction standards and provide other appropriate advice for the project.

SECTION 2. If alternative means of procurement are utilized, as established in, section 1, for the rehabilitation of Section 156 Sewer Interceptor, a design and construction contractor shall 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 contracts had been awarded under the General Laws from which said rehabilitation project shall be exempt under section 1. Such design and construction contractor shall certify that it is able to furnish labor that can work in harmony with all other elements of labor employed or to be employed in this rehabilitation project.

Approved, June 2, 2011.


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