Bill > S1726

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 are not subject to standard competitive bidding requirements but must follow the procedures outlined in chapter 30B of the General Laws, with specific exceptions. The requests for proposals will require bidders to detail their lowest overall cost, considering all financing, operating, and maintenance expenses, and if a city or town chooses a proposal that isn't the lowest cost, they must provide a written explanation. Contracts can be for up to 20 years with a possible 5-year renewal, and cities and towns may agree to be liable for financing costs, which will be amortized over the useful life of the improvements, with payment for operations and maintenance contingent on contractor performance. Importantly, for facilities already staffed by municipal employees, any new contractor must offer employment to existing staff under the same terms and conditions of their current labor agreement, including wages and benefits, and negotiate a successor agreement with the labor organization. The bill also mandates independent review and approval of plans and specifications by a qualified wastewater engineer before construction and upon completion for work exceeding $100,000, and allows for project approval certificates from the department of environmental protection, making design and construction services eligible for assistance from the water pollution abatement trust. Any new capital improvements or renovations costing over $100,000 not initially included in the contract must be procured through advertised sealed bids, unless the contractor covers the costs without any financial impact on the city or town, and these bids will be overseen by a qualified wastewater engineer.