Section 77 Progressive Design Build Pilot Program
(a) For the purposes of this section, unless the context clearly requires otherwise, the following words shall have the following meanings:
"Progressive design build", a construction project delivery system for a public works or building project that provides responsibility for the delivery of design services and construction services within a single contract, but wherein the design build entity is procured using a qualifications based or best value selection process to provide preconstruction services and preliminary design and a fixed price is negotiated for final design and construction services.
"Request for proposals" or "RFP", the document issued by an awarding authority to solicit proposals from pre-qualified design build entities for the purpose of entering into a progressive design build contract.
(b) Notwithstanding the requirements of section 39M of chapter 30 of the General Laws, chapter 149 of the General Laws, chapter 149A of the General Laws or any other general or special law to the contrary, the Massachusetts Department of Transportation and the Massachusetts Bay Transportation Authority are hereby authorized to establish and may implement a progressive design build project delivery method for certain public works and certain building projects, that are sufficiently extensive in size, complexity and duration, namely the (i) Allston Multimodal Project; (ii) Beverly-Salem Bridge Replacement Project; (iii) Bourne Bridge Replacement; (iv) Canton-Dedham-Norwood Interchange Improvements; (v) Fairhaven-New Bedford Bridge Replacement; (vi) Interstate Bridge and Highway Rebuild/Rehabilitation; (vii) Longmeadow Bridge Project; (viii) Sagamore Bridge Replacement; (ix) Somerville McGrath Boulevard Project; (x) Storrow Drive Tunnel Project; (xi) Woburn-Reading-Stoneham-Wakefield Interchange Improvements; (xii) MBTA Power and Energy System Upgrade; (xiii) MBTA Rail Modernization and (xiv) MBTA Station Modernization.
(1) All construction employees employed in the construction of each of the specified programs named in subsection (b) shall be paid not less than the wage rate established for the work pursuant to a project labor agreement with the appropriate labor organization that shall include: (i) a uniform grievance and arbitration procedure for the resolution of work-related disputes on job sites; (ii) mutually agreeable uniform work rules and schedules for the project; (iii) an obligation for any labor organization and its constituent members not to strike with respect to work on the project; (iv) participation goals of minority, veteran and women workers to be employed on each contract and the processes and procedures to ensure compliance with those workforce participation goals, including, but not limited to, a requirement to employ a sufficient number of apprentices to allow for the training and employment of individuals who would not otherwise qualify for employment on the project, the establishment of an access, inclusion and diversity committee and the reporting and enforcement requirements of paragraph (G) of subsection 2 of section 44A of said chapter 149 and (v) an agreement to facilitate the entry of interested veterans into the building and construction trades by designating an entity or organization to serve as a resource for preliminary orientation, apprenticeship programs and other needs, as mutually agreeable, to foster veteran employment opportunities.
(2) There shall be no precondition to the award of a contract that a bidder has previously entered into a collective bargaining agreement with a labor organization but only that the bidder be willing to execute and comply with said project labor agreement for the designated project if it is awarded a contract for such designated project.
(3) Progressive design build projects shall be procured in accordance with sections 14 through 21, inclusive, of chapter 149A of the General Laws and shall be advertised within 5 years of the enactment of this section.
(4) Pursuant to this section, the awarding authority may evaluate and select progressive design build project proposals on either a qualifications based or best-value basis. If the awarding authority evaluates proposals using qualifications based as the basis for making such evaluation, it shall do so using the process outlined in clause (i). If the awarding authority evaluates proposals using best value as the basis for making such evaluation, it shall do so using the process outlined in clause (ii).
(i) If the basis of the award is qualifications based, then each proposal must be sealed by the proposer and submitted to the awarding authority as 1 complete package.
The awarding authority shall establish a selection committee that shall open, evaluate and score each proposal from proposers based on the quality criteria contained in the RFP. The evaluation and ranking of proposals shall be in accordance with the quality criteria and relative weights assigned or identified in the RFP. Each proposal shall remain confidential.
The awarding authority shall enter into good faith negotiations of the design build contract with the responsible proposer that submits the most highly rated proposal.
(ii) If the basis of the award is best value, then each proposal shall be submitted by the proposer to the awarding authority in 2 separate proposals, which shall include a sealed technical proposal and a sealed price proposal. The sealed technical proposal and sealed price proposal shall be submitted simultaneously.
The awarding authority shall establish a selection committee that shall first open, evaluate and score each technical proposal from proposers based on the quality criteria contained in the RFP. The evaluation and ranking of proposals shall be in accordance with the quality criteria and relative weights assigned or identified in the RFP. During this evaluation process, the price proposals shall remain sealed. Each technical proposal shall remain confidential.
After completion of the evaluation of the technical proposals, the selection committee shall open and evaluate each price proposal from responsible proposers based on the evaluation procedure contained in the RFP. Each price proposal shall remain confidential.
(5) Upon the completion of successful negotiations with the selected design build entity, the awarding authority shall enter into a design build contract with said entity. After signing a design build contract, the awarding authority shall notify in writing all other design build entities that their proposals were not accepted.
(6) Except for section 39M of chapter 30 of the General Laws, all other provisions of the public bidding laws, including sections 39F, 39G, 39J, 39N, 39O, 39P and 39R of said chapter 30 and sections 26, 27, 27A, 27B, 27C, 27D, 29, 29C and 34A of said chapter 149, shall apply to all progressive design build public works projects procured pursuant to this section in the same manner as they apply to public works projects generally procured pursuant to said section 39M of said chapter 30, and except for sections 44A to 44H of said chapter 149, all other provisions of the public bidding laws, including said sections 39F, 39K, 39J, 39N, 39O, 39P and 39R of said chapter 30 and said sections 26, 27, 27A, 27B, 27C, 27D, 29, 29C, 34A and 44E of said chapter 149 shall apply to all progressive design build building projects procured pursuant to this section in the same manner as they apply to building projects generally procured pursuant to said sections 44A to 44H of said chapter 149.
(7) To the extent that the department or authority are required to obtain approvals from the federal government for any requirement contained in paragraphs (1) and (2) of subsection (b) in order to secure federal funding for any progressive design build project, the requirements shall be subject to such federal approvals.
Summary
This section establishes a progressive design build project delivery method pilot program for 14 projects identified by the Massachusetts Department of Transportation and the Massachusetts Bay Transportation Authority.