General Assembly Raised Bill No. 1056
January Session, 2013 LCO No. 3940
*03940_______GAE*
Referred to Committee on GOVERNMENT ADMINISTRATION AND ELECTIONS
Introduced by:
(GAE)
General Assembly
Raised Bill No. 1056
January Session, 2013
LCO No. 3940
*03940_______GAE*
Referred to Committee on GOVERNMENT ADMINISTRATION AND ELECTIONS
Introduced by:
(GAE)
AN ACT STREAMLINING CERTAIN PROCESSES AT THE DEPARTMENT OF CONSTRUCTION SERVICES CONCERNING CONSTRUCTION MANAGER AT-RISK PROJECT DELIVERY CONTRACTS, THE HIRING OF CONSULTANTS AND CONTRACTS FOR THE INSTALLATION OF PREFABRICATED BUILDINGS.
Be it enacted by the Senate and House of Representatives in General Assembly convened:
Section 1. Section 4b-103 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2013):
(a) In order to carry out any provision of this title for the construction, renovation or alteration of buildings or facilities, the Commissioner of Construction Services may enter into a construction manager at-risk project delivery contract.
(b) [The] Except as provided in subsections (c) and (d) of this section, the Commissioner of Construction Services shall not enter into a construction manager at-risk project delivery contract that does not provide for a maximum guaranteed price for the cost of construction that shall be determined not later than the time of the receipt and approval by the commissioner of the trade contractor bids. Each construction manager at-risk shall invite bids and give notice of opportunities to bid on project elements [, by advertising, at least once, in one or more newspapers having general circulation in the state] on the State Contracting Portal. Each bid shall be kept sealed until opened publicly at the time and place as set forth in the notice soliciting such bid. The construction manager at-risk shall, after consultation with and approval by the commissioner, award any related contracts for project elements to the responsible qualified contractor submitting the lowest bid in compliance with the bid requirements, provided (1) the construction manager at-risk shall not be eligible to submit a bid for any such project element, and (2) construction shall not begin prior to the determination of the maximum guaranteed price, except for the project elements of site preparation and demolition that have been previously put out to bid and awarded.
(c) Construction may begin prior to the determination of the maximum guaranteed price for the project elements of site preparation, demolition, public utility installation and connections, and building envelope components, including the roof, doors, windows and exterior walls, provided (1) the project is the renovation of an existing building or facility, and (2) the project element or elements involved in such early work have been previously put out to bid and awarded.
(d) If such project involves the renovation of an existing building or facility that will be performed in multiple phases while such building or facility remains occupied, the Commissioner of Construction Services may enter into a construction manager at-risk project delivery contract that provides for the maximum guaranteed price to be determined for each phase of the project, prior to beginning each such phase, provided all requirements of subsection (b) of this section other than the timing of the determination of the maximum guaranteed price are complied with.
Sec. 2. Subsection (d) of section 4b-51 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2013):
(d) (1) Notwithstanding any provision of the general statutes, the Commissioner of Construction Services may select consultants to be on a list established for the purpose of providing any consultant services. Such list shall be established as provided in sections 4b-56 and 4b-57. The commissioner may enter into a contract with any consultant on such list to perform a range of consultant services or to perform a range of tasks pursuant to a task letter detailing services to be performed under such contract.
(2) Notwithstanding any provision of the general statutes, the Commissioner of Construction Services may compile a list of consultants for the limited purpose of providing consultant services for a particular program involving various projects for the construction of new buildings or renovations to existing buildings where such buildings are under the operation and control of a single user agency and may enter into a contract with any consultant on such list for such limited purpose. The commissioner may compile such list without complying with the provisions of sections 4b-56 and 4b-57.
(3) As used in this subsection, "consultant" means "consultant" as defined in section 4b-55, and "consultant services" means "consultant services" as defined in section 4b-55.
Sec. 3. Section 4b-91 of the general statutes is amended by adding subsection (k) as follows (Effective July 1, 2013):
(NEW) (k) Notwithstanding the provisions of this chapter regarding competitive bidding procedures, the Commissioner of Construction Services may, in consultation with the Commissioner of Administrative Services and in accordance with subsection (b) of section 4a-66, purchase property and services concerning the installation of prefabricated and preengineered buildings from a person who has a contract to sell such property and services to a department, agency or instrumentality of the United States government. The Commissioner of Construction Services shall, to the extent possible, obtain competitive proposals or price quotes from at least three persons holding such contracts for the property and services sought by the commissioner.
This act shall take effect as follows and shall amend the following sections:
Section 1 July 1, 2013 4b-103
Sec. 2 July 1, 2013 4b-51(d)
Sec. 3 July 1, 2013 4b-91
This act shall take effect as follows and shall amend the following sections:
Section 1
July 1, 2013
4b-103
Sec. 2
July 1, 2013
4b-51(d)
Sec. 3
July 1, 2013
4b-91
Statement of Purpose:
To allow the construction manager at-risk to prepare the site prior to the completion of the guaranteed maximum price and to allow such price to be determined in phases, to permit the Department of Construction Services to enter into on-call contracts with consultants for programs involving a single client agency and to permit the department to purchase property and services for prefabricated buildings from persons holding a contract with the federal government without using formal bidding procedures.
[Proposed deletions are enclosed in brackets. Proposed additions are indicated by underline, except that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is not underlined.]