Bill > S1536

This bill allows cities, towns, and districts to enter into comprehensive contracts for the design, construction, financing, operation, and maintenance of wastewater and water treatment facilities, including sewers and pump stations, to ensure compliance with all applicable laws. These contracts, known as "design-build" contracts, are generally exempt from standard competitive bidding requirements but must follow the procedures outlined in Chapter 30B of the General Laws, with specific exceptions. The bill specifies that requests for proposals (RFPs) must detail how proposals will be evaluated based on the lowest overall cost, including financing and operating expenses, and requires written justification if a contract is awarded to an offeror who did not submit the lowest-cost proposal. Contracts can have a term of up to 20 years with a possible 5-year renewal, and cities or towns may remain liable for financing costs, which will be amortized over the useful life of the improvements, while payment for operations and maintenance is contingent on the contractor's performance. The bill also includes provisions to protect existing employees by requiring contractors to offer them employment under existing labor agreement terms and conditions, including wages and benefits, and to negotiate successor agreements. Furthermore, it mandates independent review and approval of plans and specifications by a qualified wastewater engineer before construction and upon completion of significant work, and allows for project approval certificates from the department of environmental protection, making improvements eligible for assistance from the water pollution abatement trust. Any new capital improvements or renovations costing over $100,000 not included in the initial contract must be procured through advertised sealed bids, unless the contractor covers the costs without reimbursement from the city or town.