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General Assembly Bill No. 7010
September Special Session, 2020
LCO No. 4352
Referred to Committee on No Committee
Introduced by:
REP. ARESIMOWICZ, 30
th
Dist.
SEN. LOONEY, 11
th
Dist.
SEN. DUFF, 25
th
Dist.
REP. RITTER M., 1
st
Dist.
AN ACT CONCERNING TH E AUTHORIZATION OF STATE GRANT
COMMITMENTS FOR SCHO OL BUILDING PROJECTS , THE
RECOGNITION OF GOODW IN UNIVERSITY AS A LOCAL EDUCATION
AGENCY FOR PURPOSES OF FEDERAL LAW, CERT AIN
EXCLUSIONS TO THE CA LCULATION OF A SCHOO L DISTRICT'S
MINIMUM BUDGET REQUI REMENT, AND DELAYING CERTAIN
REVISIONS TO THE LAW REGARDING THE PROVI SION OF
CONSTRUCTION MANAGEM ENT SERVICES.
Be it enacted by the Senate and House of Representatives in General
Assembly convened:
Section 1. (Effective from passage) The Commissioner of Administrative 1
Services, having reviewed applications for state grants for public school 2
building projects in accordance with section 10-283 of the general 3
statutes on the basis of priorities for such projects and standards for 4
school construction established by the State Board of Education, and 5
having prepared a listing of all such eligible projects ranked in order of 6
priority, as determined by said commissioner together with the amount 7
of the estimated grant with respect to each eligible project, and having 8
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submitted such listing of eligible projects, prior to December 15, 2019, to 9
a committee of the General Assembly established under section 10-283a 10
of the general statutes for the purpose of reviewing such listing, is 11
hereby authorized to enter into grant commitments on behalf of the state 12
in accordance with said section 10-283 with respect to the priority listing 13
of such projects and in such estimated amounts as approved by said 14
committee prior to February 1, 2020, as follows: 15
(1) Estimated Grant Commitments: 16
T1 School District Estimated Estimated
T2 School Project Costs Grant
T3 Project Number
T4
T5 BROOKFIELD
T6 New Elementary School
T7 20DASY018056N0620 $78,141,446 $16,745,712
T8
T9 DARIEN
T10 Ox Ridge Elementary School
T11 20DASY035117N0620 $63,000,000 $6,747,300
T12
T13 MANSFIELD
T14 New Mansfield Elementary School
T15 20DASY078068N0620 $50,512,000 $33,014,643
T16
T17 NEW BRITAIN
T18 Chamberlain Elementary School
T19 20DASY089169RNV0620 $50,000,000 $39,820,000
T20
T21 NEW FAIRFIELD
T22 New Fairfield High School
T23 20DASY091044N0620 $84,220,000 $23,766,884
T24
T25 NEW FAIRFIELD
T26 Consolidated Early Learning Academy
T27 20DASY091045EA0620 $29,190,000 $11,156,418
T28
T29 FAIRFIELD
T30 Mill Hill Elementary School
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T31 20DASY051149EA0620 $22,000,600 $5,735,556
T32
T33 HAMDEN
T34 Hamden Middle School
T35 20DASY062099EA0620 $11,223,900 $7,496,443
T36
T37 MANCHESTER
T38 Bowers Elementary School
T39 20DASY077239RNV0620 $32,800,000 $21,789,040
T40
T41 MANCHESTER
T42 Buckley Elementary School
T43 20DASY077240RNV0620 $29,400,000 $19,530,420
T44
T45 NORWALK
T46 Jefferson Elementary School
T47 20DASY103251RNV0620 $33,355,000 $10,840,375
T48
T49 WINCHESTER
T50 Mary P. Hinsdale School
T51 20DASY162043RNV0620 $17,425,000 $12,509,408
Sec. 2. (Effective from passage) Notwithstanding the provisions of 17
section 10-285a of the general statutes, or any regulation adopted by the 18
State Board of Education or the Department of Administrative Services 19
pursuant to said section 10-285a concerning the reimbursement 20
percentage that a local board of education may be eligible to receive for 21
a school building project, the town of New Britain may use the 22
reimbursement rate of ninety-five per cent for the renovation project at 23
Chamberlain Elementary School (Project Number 24
20DASY089169RNV0620), provided the school district for the town of 25
New Britain is an educational reform district, as defined in section 10-26
262u of the general statutes, on the effective date of this section. 27
Sec. 3. (Effective from passage) Notwithstanding the provisions of 28
section 10-285a of the general statutes, or any regulation adopted by the 29
State Board of Education or the Department of Administrative Services 30
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pursuant to said section 10-285a concerning the reimbursement 31
percentage that a local board of education may be eligible to receive for 32
a school building project, the town of New Britain may use the 33
reimbursement rate of ninety-five per cent for the roof replacement 34
project at Pulaski Middle School, provided the school district for the 35
town of New Britain is an educational reform district, as defined in 36
section 10-262u of the general statutes, on the effective date of this 37
section. 38
Sec. 4. (Effective from passage) Notwithstanding the provisions of 39
section 10-285a of the general statutes, or any regulation adopted by the 40
State Board of Education or the Department of Administrative Services 41
pursuant to said section 10-285a concerning the reimbursement 42
percentage that a local board of education may be eligible to receive for 43
a school building project, the town of New Britain may use the 44
reimbursement rate of ninety-five per cent for the roof replacement 45
project at Slade Middle School, provided the school district for the town 46
of New Britain is an educational reform district, as defined in section 10-47
262u of the general statutes, on the effective date of this section. 48
Sec. 5. (Effective from passage) (a) Notwithstanding the provisions of 49
section 10-283 of the general statutes or any regulation adopted by the 50
State Board of Education or the Department of Administrative Services 51
pursuant to said section 10-283 requiring a completed grant application 52
be submitted prior to June 30, 2019, the new construction project at 53
Norwalk High School in the town of Norwalk with costs not to exceed 54
one hundred eighty-nine million dollars shall be included in 55
subdivision (1) of section 1 of this act and shall subsequently be 56
considered for a grant commitment from the state, provided the town of 57
Norwalk files an application for such school building project prior to 58
December 31, 2020, and meets all other provisions of chapter 173 of the 59
general statutes or any regulation adopted by the State Board of 60
Education or the Department of Administrative Services pursuant to 61
said chapter 173 and is eligible for grant assistance pursuant to said 62
chapter 173. 63
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(b) Except as otherwise provided in subsections (c) and (d) of this 64
section, notwithstanding the provisions of section 10-285a of the general 65
statutes or any regulation adopted by the State Board of Education or 66
the Department of Administrative Services pursuant to said section 10-67
285a concerning the reimbursement percentage that a local board of 68
education may be eligible to receive for a school building project, the 69
town of Norwalk may use the reimbursement rate of eighty per cent for 70
the new construction project at Norwalk High School, provided the local 71
board of education for the town of Norwalk (1) establishes a pathways 72
in technology early college high school program at the new Norwalk 73
High School and such program enrolls students from surrounding 74
towns with priority given to students from Stamford and Bridgeport, 75
and (2) does not restrict students who are not enrolled in an arts 76
pathways program offered at Norwalk High School from joining or 77
otherwise participating in any arts or music program offered as part of 78
the regular school curriculum or any extracurricular arts or music-79
related program. 80
(c) (1) Notwithstanding the provisions of section 10-285a of the 81
general statutes or any regulation adopted by the State Board of 82
Education or the Department of Administrative Services pursuant to 83
said section 10-285a concerning the reimbursement percentage that a 84
local board of education may be eligible to receive for a school building 85
project, the town of Norwalk may use the reimbursement rate of fifty 86
per cent for the construction of a natatorium as part of the new 87
construction project at Norwalk High School. 88
(2) Notwithstanding the provisions of subdivision (3) of subsection 89
(a) of section 10-286 of the general statutes or any regulation adopted by 90
the State Board of Education or the Department of Administrative 91
Services limiting reimbursement to one-half of the eligible percentage of 92
the net eligible cost of construction to a town for construction, the town 93
of Norwalk shall receive full reimbursement of the reimbursement 94
percentage described in subdivision (1) of this subsection of the net 95
eligible cost of the new construction project at Norwalk High School. 96
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(d) Notwithstanding the provisions of section 10-285a of the general 97
statutes or any regulation adopted by the State Board of Education or 98
the Department of Administrative Services pursuant to said section 10-99
285a concerning the reimbursement percentage that a local board of 100
education may be eligible to receive for a school building project, the 101
town of Norwalk may use the reimbursement rate of fifty per cent for 102
site acquisition costs associated with the purchase of any parcels of land 103
adjacent to the site of the new construction project at Norwalk High 104
School. 105
Sec. 6. (Effective from passage) (a) Notwithstanding the provisions of 106
section 10-283 of the general statutes or any regulation adopted by the 107
State Board of Education or the Department of Administrative Services 108
pursuant to said section 10-283 requiring a completed grant application 109
be submitted prior to June 30, 2019, a high school project in the town of 110
Danbury, approved under the pilot program described in subsection (c) 111
of this section, with costs not to exceed ninety-three million dollars shall 112
be included in subdivision (1) of section 1 of this act and shall 113
subsequently be considered for a grant commitment from the state, 114
provided the town of Danbury files an application for such project prior 115
to October 1, 2021, and meets all other provisions of chapter 173 of the 116
general statutes or any regulation adopted by the State Board of 117
Education or the Department of Administrative Services pursuant to 118
said chapter 173 and is eligible for grant assistance pursuant to said 119
chapter 173. 120
(b) Notwithstanding the provisions of section 10-285a of the general 121
statutes, subdivision (10) of subsection (a) of section 10-286 of the 122
general statutes or any regulation adopted by the State Board of 123
Education or the Department of Administrative Services pursuant to 124
said sections 10-285a and 10-286 concerning the reimbursement 125
percentage that a local board of education may be eligible to receive for 126
a school building project and the computation of the reimbursement 127
percentage for a grant for a project involving a purchase for a facility to 128
be used as a high school, the town of Danbury may use the 129
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reimbursement rate of eighty per cent for a project approved pursuant 130
to subsection (a) of this section. 131
(c) Notwithstanding any provision of chapter 173 of the general 132
statutes or any regulation pursuant to said chapter, the Department of 133
Administrative Services, Office of School Construction Grants and 134
Review, shall establish a pilot program that approves the use of 135
commercial space to be renovated as new for a project authorized 136
pursuant to subsection (a) of this section. 137
(d) Notwithstanding section 10-287 of the general statutes any 138
regulation adopted by the State Board of Education or the Department 139
of Administrative Services pursuant to said section 10-287, the design-140
build renovate as new method may be used for converting commercial 141
space into a school under the pilot program in accordance with this 142
section, and the provisions of said section 10-287 related to bidding all 143
orders and contracts for school building construction shall not apply to 144
such project. 145
(e) Representatives of the Danbury school district shall consult with 146
the Department of Administrative Services, Office of School 147
Construction Grants and Review, prior to executing a design-build 148
construction contract under this section, and such office shall provide 149
such school district with all code checklists and review materials which 150
the district shall use as a basis for obtaining plan approval by local 151
officials having jurisdiction over such matters. Each design phase of 152
projects under this pilot program shall be reviewed and approved for 153
compliance with all applicable codes by local authorities having 154
jurisdiction over such codes. It shall be the responsibility of such school 155
district to ensure compliance with all applicable codes. 156
Sec. 7. (Effective from passage) Notwithstanding the provisions of 157
sections 10-285a and 10-287i of the general statutes or any regulation 158
adopted by the State Board of Education or the Department of 159
Administrative Services pursuant to said sections 10-285a and 10-287i, 160
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concerning the reimbursement percentage or payments that a local 161
board of education may be eligible to receive for a school building 162
project, the town of Tolland may use the reimbursement rate of one-163
hundred per cent for the code violation project at Birch Grove Primary 164
School (Project Number 142-0085). 165
Sec. 8. (NEW) (Effective from passage) (a) All state laws and regulations 166
applicable to the operation of public schools, including provisions for 167
eligibility for state aid and grants, shall apply to any interdistrict magnet 168
school operator that is (1) the board of governors for an independent 169
institution of higher education, as defined in subsection (a) of section 170
10a-173 of the general statutes, or the equivalent of such a board, on 171
behalf of the independent institution of higher education, or (2) any 172
other third-party not-for-profit corporation approved by the 173
commissioner. Such interdistrict magnet operators shall receive, in 174
accordance with federal law and regulations, any federal funds 175
available for the education of any pupils attending public schools. 176
(b) Any interdistrict magnet school operator that is (1) the board of 177
governors for an independent institution of higher education, as defined 178
in subsection (a) of section 10a-173 of the general statutes, or the 179
equivalent of such a board, on behalf of the independent institution of 180
higher education, or (2) any other third-party not-for-profit corporation 181
approved by the commissioner, shall to the extent authorized under 182
federal law be recognized as and considered a local educational agency, 183
as defined in 20 USC 7801, as amended from time to time, for purposes 184
of title 10 of the general statutes and federal law. 185
Sec. 9. Section 10-262j of the 2020 supplement to the general statutes 186
is repealed and the following is substituted in lieu thereof (Effective from 187
passage): 188
(a) Except as otherwise provided under the provisions of subsections 189
(c) to [(g)] (h), inclusive, of this section, for the fiscal year ending June 190
30, 2020, the budgeted appropriation for education shall be not less than 191
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the budgeted appropriation for education for the fiscal year ending June 192
30, 2019, plus any aid increase described in subsection (d) of section 10-193
262i, except that a town may reduce its budgeted appropriation for 194
education for the fiscal year ending June 30, 2020, by one or more of the 195
following: 196
(1) If a town experiences an aid reduction, as described in subsection 197
(d) of section 10-262i, such town may reduce its budgeted appropriation 198
for education in an amount equal to the aid reduction; 199
(2) If a district experiences a net reduction in its resident student 200
count during a period that may include any of the five fiscal years 201
immediately prior to the fiscal year for which the budgeted 202
appropriation for education is calculated, such district may reduce its 203
budgeted appropriation for education in an amount equal to the 204
number of such net reduction multiplied by fifty per cent of the net 205
current expenditures per resident student of such district, provided no 206
district may use the resident student count for any fiscal year that was 207
previously used to reduce its budgeted appropriation for education in 208
any calculation of a net reduction of resident students for purposes of 209
reducing its budgeted appropriation for education pursuant to this 210
subdivision for any subsequent fiscal year; 211
(3) Any district (A) that does not maintain a high school and pays 212
tuition to another school district pursuant to section 10-33 for resident 213
students to attend high school in another district, and (B) in which the 214
number of resident students attending high school for such district for 215
October 1, 2018, using the data of record as of January 31, 2019, is lower 216
than such district's number of resident students attending high school 217
for October 1, 2017, using the data of record as of January 31, 2019, may 218
reduce such district's budgeted appropriation for education by the 219
difference in the number of resident students attending high school for 220
such years multiplied by the amount of tuition paid per student 221
pursuant to section 10-33; or 222
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(4) Any district that realizes new and documentable savings through 223
(A) increased district efficiencies approved by the Commissioner of 224
Education, including, but not limited to, (i) reductions in costs 225
associated with transportation services, school district administration or 226
contracts that are not the result of collective bargaining or other labor 227
agreements, (ii) an agreement to provide medical or health care benefits 228
pursuant to section 7-464b, (iii) a cooperative agreement relating to the 229
performance of administrative and central office functions, such as 230
business manager functions, for the municipality and the school district 231
pursuant to section 10-241b, (iv) reductions in costs associated with the 232
purchasing or joint purchasing of property insurance, casualty 233
insurance and workers' compensation insurance, following the 234
consultation with the legislative body of the municipality of such district 235
pursuant to section 10-241c, (v) reductions in costs associated with the 236
purchasing of payroll processing or accounts payable software systems, 237
following the consultation with the legislative body of the municipality 238
of such district to determine whether such systems may be purchased 239
or shared on a regional basis pursuant to section 10-241e, (vi) 240
consolidation of information technology services, and (vii) reductions in 241
costs associated with the care and maintenance of athletic fields, or (B) 242
regional collaboration or cooperative arrangements pursuant to section 243
10-158a may reduce such district's budgeted appropriation for 244
education in an amount equal to half of the amount of savings 245
experienced as a result of such district efficiencies, regional 246
collaboration or cooperative arrangement, provided such reduction 247
shall not exceed one-half of one per cent of the district's budgeted 248
appropriation for education for the fiscal year ending June 30, 2019. 249
(b) Except as otherwise provided under the provisions of subsections 250
(c) to [(g)] (h), inclusive, of this section, for the fiscal year ending June 251
30, 2021, a town's budgeted appropriation for education shall be not less 252
than the budgeted appropriation for education for the fiscal year ending 253
June 30, 2020, plus any aid increase received pursuant to subsection (d) 254
of section 10-262i, except that a town may reduce its budgeted 255
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appropriation for education for the fiscal year ending June 30, 2021, by 256
one or more of the following: 257
(1) If a town experiences an aid reduction, as described in subsection 258
(d) of section 10-262i, such town may reduce its budgeted appropriation 259
for education in an amount equal to the aid reduction; 260
(2) If a district experiences a net reduction in its resident student 261
count during a period that may include any of the five fiscal years 262
immediately prior to the fiscal year for which the budgeted 263
appropriation for education is calculated, such district may reduce its 264
budgeted appropriation for education in an amount equal to the 265
number of such net reduction multiplied by fifty per cent of the net 266
current expenditures per resident student of such district, provided no 267
district may use the resident student count for any fiscal year that was 268
previously used to reduce its budgeted appropriation for education in 269
any calculation of a net reduction of resident students for purposes of 270
reducing its budgeted appropriation for education pursuant to this 271
subdivision for any subsequent fiscal year; 272
(3) Any district (A) that does not maintain a high school and pays 273
tuition to another school district pursuant to section 10-33 for resident 274
students to attend high school in another district, and (B) in which the 275
number of resident students attending high school for such district for 276
October 1, 2019, using the data of record as of January 31, 2020, is lower 277
than such district's number of resident students attending high school 278
for October 1, 2018, using the data of record as of January 31, 2020, may 279
reduce such district's budgeted appropriation for education by the 280
difference in the number of resident students attending high school for 281
such years multiplied by the amount of tuition paid per student 282
pursuant to section 10-33; or 283
(4) Any district that realizes new and documentable savings through 284
(A) increased district efficiencies approved by the Commissioner of 285
Education, including, but not limited to, (i) reductions in costs 286
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associated with transportation services, school district administration or 287
contracts that are not the result of collective bargaining or other labor 288
agreements, (ii) an agreement to provide medical or health care benefits 289
pursuant to section 7-464b, (iii) a cooperative agreement relating to the 290
performance of administrative and central office functions, such as 291
business manager functions, for the municipality and the school district 292
pursuant to section 10-241b, (iv) reductions in costs associated with the 293
purchasing or joint purchasing of property insurance, casualty 294
insurance and workers' compensation insurance, following the 295
consultation with the legislative body of the municipality of such district 296
pursuant to section 10-241c, (v) reductions in costs associated with the 297
purchasing of payroll processing or accounts payable software systems, 298
following the consultation with the legislative body of the municipality 299
of such district to determine whether such systems may be purchased 300
or shared on a regional basis pursuant to section 10-241e, (vi) 301
consolidation of information technology services, and (vii) reductions in 302
costs associated with the care and maintenance of athletic fields, or (B) 303
regional collaboration or cooperative arrangements pursuant to section 304
10-158a, may reduce such district's budgeted appropriation for 305
education in an amount equal to half of the amount of savings 306
experienced as a result of such district efficiencies, regional 307
collaboration or cooperative arrangement, provided such reduction 308
shall not exceed one-half of one per cent of the district's budgeted 309
appropriation for education for the fiscal year ending June 30, 2020. 310
(c) For the fiscal years ending June 30, 2020, and June 30, 2021, the 311
Commissioner of Education may permit a town to reduce its budgeted 312
appropriation for education in an amount determined by the 313
commissioner if the school district in such town has permanently ceased 314
operations and closed one or more schools in the school district due to 315
declining enrollment at such closed school or schools in the fiscal years 316
ending June 30, 2013, to June 30, 2020, inclusive. 317
(d) [For] Except as otherwise provided under the provisions of 318
subsection (h) of this section, for the fiscal years ending June 30, 2020, 319
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and June 30, 2021, a town designated as an alliance district, as defined 320
in section 10-262u, shall not reduce its budgeted appropriation for 321
education pursuant to this section. 322
(e) For the fiscal years ending June 30, 2020, and June 30, 2021, the 323
provisions of this section shall not apply to any district that is in the top 324
ten per cent of school districts based on the accountability index, as 325
defined in section 10-223e. 326
(f) For the fiscal years ending June 30, 2020, and June 30, 2021, the 327
provisions of this section shall not apply to the member towns of a 328
regional school district during the first full fiscal year following the 329
establishment of the regional school district, provided the budgeted 330
appropriation for education for member towns of such regional school 331
district for each subsequent fiscal year shall be determined in 332
accordance with this section. 333
(g) For the fiscal years ending June 30, 2020, and June 30, 2021, any 334
district that has (1) elected to act as a self-insurer, pursuant to section 10-335
236, (2) experienced a loss incurred as a result of one or more 336
catastrophic events, as declared by a nationally recognized catastrophe 337
loss index provider, during the prior fiscal year, and (3) increased its 338
budgeted appropriation for education during said prior fiscal year as a 339
result of such loss, shall not be required to include the amount of such 340
increase in the calculation of such district's budgeted appropriation for 341
education for the subsequent fiscal year. 342
(h) For the fiscal years ending June 30, 2020, and June 30, 2021, any 343
district that has received (1) a supplemental appropriation from the 344
board of finance for a town having a board of finance, the board of 345
selectmen for a town having no board of finance or the authority making 346
appropriations for the school district, for the purpose of covering costs 347
associated with COVID-19 expenditures because the budgeted 348
appropriation for education for the district was insufficient to cover 349
such costs, or (2) federal funds pursuant to the Coronavirus Aid, Relief, 350
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and Economic Security Act, P.L. 116-136, as amended from time to time, 351
shall not be required to include the amount of such supplemental 352
appropriation or federal funds in the calculation of such district's 353
budgeted appropriation for education for the subsequent fiscal year. As 354
used in this subsection, "COVID-19" means the respiratory disease 355
designated by the World Health Organization on February 11, 2020, as 356
coronavirus 2019, and any related mutation thereof recognized by the 357
World Health Organization as a communicable respiratory disease. 358
Sec. 10. Subsection (b) of section 10-287 of the 2020 supplement to the 359
general statutes, as amended by section 6 of public act 19-1 of the July 360
special session, is repealed and the following is substituted in lieu 361
thereof (Effective from passage): 362
(b) (1) All orders and contracts for school building construction 363
receiving state assistance under this chapter, except as provided in 364
subdivisions (2) to (4), inclusive, of this subsection, shall be awarded to 365
the lowest responsible qualified bidder only after a public invitation to 366
bid, which shall be advertised in a newspaper having circulation in the 367
town in which construction is to take place, except for (A) school 368
building projects for which the town or regional school district is using 369
a state contract pursuant to subsection (d) of section 10-292, and (B) 370
change orders, those contracts or orders costing less than ten thousand 371
dollars and those of an emergency nature, as determined by the 372
Commissioner of Administrative Services, in which cases the contractor 373
or vendor may be selected by negotiation, provided no local fiscal 374
regulations, ordinances or charter provisions conflict. 375
(2) All orders and contracts for architectural services shall be 376
awarded from a pool of not more than the four most responsible 377
qualified proposers after a public selection process. Such process shall, 378
at a minimum, involve requests for qualifications, followed by requests 379
for proposals, including fees, from the proposers meeting the 380
qualifications criteria of the request for qualifications process. Public 381
advertisements shall be required in a newspaper having circulation in 382
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the town in which construction is to take place, except for school 383
building projects for which the town or regional school district is using 384
a state contract pursuant to subsection (d) of section 10-292. Following 385
the qualification process, the awarding authority shall evaluate the 386
proposals to determine the four most responsible qualified proposers 387
using those criteria previously listed in the requests for qualifications 388
and requests for proposals for selecting architectural services specific to 389
the project or school district. Such evaluation criteria shall include due 390
consideration of the proposer's pricing for the project, experience with 391
work of similar size and scope as required for the order or contract, 392
organizational and team structure, including any subcontractors to be 393
utilized by the proposer, for the order or contract, past performance 394
data, including, but not limited to, adherence to project schedules and 395
project budgets and the number of change orders for projects, the 396
approach to the work required for the order or contract and documented 397
contract oversight capabilities, and may include criteria specific to the 398
project. Final selection by the awarding authority is limited to the pool 399
of the four most responsible qualified proposers and shall include 400
consideration of all criteria included within the request for proposals. 401
As used in this subdivision, "most responsible qualified proposer" 402
means the proposer who is qualified by the awarding authority when 403
considering price and the factors necessary for faithful performance of 404
the work based on the criteria and scope of work included in the request 405
for proposals. 406
(3) (A) All orders and contracts for construction management services 407
shall be awarded from a pool of not more than the four most responsible 408
qualified proposers after a public selection process. Such process shall, 409
at a minimum, involve requests for qualifications, followed by requests 410
for proposals, including fees, from the proposers meeting the 411
qualifications criteria of the request for qualifications process. Public 412
advertisements shall be required in a newspaper having circulation in 413
the town in which construction is to take place, except for school 414
building projects for which the town or regional school district is using 415
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a state contract pursuant to subsection (d) of section 10-292. Following 416
the qualification process, the awarding authority shall evaluate the 417
proposals to determine the four most responsible qualified proposers 418
using those criteria previously listed in the requests for qualifications 419
and requests for proposals for selecting construction management 420
services specific to the project or school district. Such evaluation criteria 421
shall include due consideration of the proposer's pricing for the project, 422
experience with work of similar size and scope as required for the order 423
or contract, organizational and team structure for the order or contract, 424
past performance data, including, but not limited to, adherence to 425
project schedules and project budgets and the number of change orders 426
for projects, the approach to the work required for the order or contract, 427
including on and after July 1, 2021, whether the proposer intends to self-428
perform any project element and the benefit to the awarding authority 429
that will result from such self-performance, and documented contract 430
oversight capabilities, and may include criteria specific to the project. 431
Final selection by the awarding authority is limited to the pool of the 432
four most responsible qualified proposers and shall include 433
consideration of all criteria included within the request for proposals. 434
As used in this subdivision, "most responsible qualified proposer" 435
means the proposer who is qualified by the awarding authority when 436
considering price and the factors necessary for faithful performance of 437
the work based on the criteria and scope of work included in the request 438
for proposals. 439
(B) [Upon] On and after July 1, 2021, upon the written approval of the 440
Commissioner of Administrative Services, an awarding authority may 441
permit a construction manager to self-perform a portion of the 442
construction work if the awarding authority and the commissioner 443
determine that the construction manager can self-perform the work 444
more cost-effectively than a subcontractor. All work not performed by 445
the construction manager shall be performed by trade subcontractors 446
selected by a process approved by the awarding authority and the 447
commissioner. The construction manager's contract shall include a 448
Bill No.
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guaranteed maximum price for the cost of construction. Such 449
guaranteed maximum price shall be determined not later than ninety 450
days after the selection of the trade subcontractors. Construction shall 451
not begin prior to the determination of the guaranteed maximum price, 452
except work relating to site preparation and demolition may commence 453
prior to such determination. 454
(4) All orders and contracts for any other consultant services, 455
including, but not limited to, consultant services rendered by an owner's 456
representatives, construction administrators, program managers, 457
environmental professionals, planners and financial specialists, shall 458
comply with the public selection process described in subdivision (2) of 459
this subsection. No costs associated with an order or contract for such 460
consultant services shall be eligible for state financial assistance under 461
this chapter unless such order or contract receives prior approval from 462
the Commissioner of Administrative Services. 463
This act shall take effect as follows and shall amend the following
sections:
Section 1 from passage New section
Sec. 2 from passage New section
Sec. 3 from passage New section
Sec. 4 from passage New section
Sec. 5 from passage New section
Sec. 6 from passage New section
Sec. 7 from passage New section
Sec. 8 from passage New section
Sec. 9 from passage 10-262j
Sec. 10 from passage 10-287(b)