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.