Connecticut 2020 Regular Session

Connecticut Senate Bill SB00486 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
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4	4	LCO No. 3031 1 of 5
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6	6	General Assembly Raised Bill No. 486
7	7	February Session, 2020
8	8	LCO No. 3031
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10	10
11	11	Referred to Committee on GOVERNMENT ADMINISTRATION
12	12	AND ELECTIONS
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14	14
15	15	Introduced by:
16	16	(GAE)
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20	20	AN ACT CONCERNING RE QUIREMENTS FOR CONST RUCTION
21	21	MANAGERS THAT SELF -PERFORM PORTIONS OF SCHOOL
22	22	CONSTRUCTION PROJECT S.
23	23	Be it enacted by the Senate and House of Representatives in General
24	24	Assembly convened:
25	25
26	26	Section 1. Subsection (b) of section 10-287 of the 2020 supplement to 1
27	27	the general statutes, as amended by section 6 of public act 19-1 of the 2
28	28	July special session, is repealed and the following is substituted in lieu 3
29	29	thereof (Effective July 1, 2020): 4
30	30	(b) (1) All orders and contracts for school building construction 5
31	31	receiving state assistance under this chapter, except as provided in 6
32	32	subdivisions (2) to (4), inclusive, of this subsection, shall be awarded to 7
33	33	the lowest responsible qualified bidder only after a public invitation to 8
34	34	bid, which shall be advertised in a newspaper having circulation in the 9
35	35	town in which construction is to take place, except for (A) school 10
36	36	building projects for which the town or regional school district is using 11
37	37	a state contract pursuant to subsection (d) of section 10-292, and (B) 12
38	38	change orders, those contracts or orders costing less than ten thousand 13
39	39	dollars and those of an emergency nature, as determined by the 14 Raised Bill No. 486
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43	43	LCO No. 3031 2 of 5
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45	45	Commissioner of Administrative Services, in which cases the contractor 15
46	46	or vendor may be selected by negotiation, provided no local fiscal 16
47	47	regulations, ordinances or charter provisions conflict. 17
48	48	(2) All orders and contracts for architectural services shall be 18
49	49	awarded from a pool of not more than the four most responsible 19
50	50	qualified proposers after a public selection process. Such process shall, 20
51	51	at a minimum, involve requests for qualifications, followed by requests 21
52	52	for proposals, including fees, from the proposers meeting the 22
53	53	qualifications criteria of the request for qualifications process. Public 23
54	54	advertisements shall be required in a newspaper having circulation in 24
55	55	the town in which construction is to take place, except for school 25
56	56	building projects for which the town or regional school district is using 26
57	57	a state contract pursuant to subsection (d) of section 10-292. Following 27
58	58	the qualification process, the awarding authority shall evaluate the 28
59	59	proposals to determine the four most responsible qualified proposers 29
60	60	using those criteria previously listed in the requests for qualifications 30
61	61	and requests for proposals for selecting architectural services specific to 31
62	62	the project or school district. Such evaluation criteria shall include due 32
63	63	consideration of the proposer's pricing for the project, experience with 33
64	64	work of similar size and scope as required for the order or contract, 34
65	65	organizational and team structure, including any subcontractors to be 35
66	66	utilized by the proposer, for the order or contract, past performance 36
67	67	data, including, but not limited to, adherence to project schedules and 37
68	68	project budgets and the number of change orders for projects, the 38
69	69	approach to the work required for the order or contract and documented 39
70	70	contract oversight capabilities, and may include criteria specific to the 40
71	71	project. Final selection by the awarding authority is limited to the pool 41
72	72	of the four most responsible qualified proposers and shall include 42
73	73	consideration of all criteria included within the request for proposals. 43
74	74	As used in this subdivision, "most responsible qualified proposer" 44
75	75	means the proposer who is qualified by the awarding authority when 45
76	76	considering price and the factors necessary for faithful performance of 46
77	77	the work based on the criteria and scope of work included in the request 47
78	78	for proposals. 48 Raised Bill No. 486
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82	82	LCO No. 3031 3 of 5
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84	84	(3) (A) All orders and contracts for construction management services 49
85	85	shall be awarded from a pool of not more than the four most responsible 50
86	86	qualified proposers after a public selection process. Such process shall, 51
87	87	at a minimum, involve requests for qualifications, followed by requests 52
88	88	for proposals, including fees, from the proposers meeting the 53
89	89	qualifications criteria of the request for qualifications process. Public 54
90	90	advertisements shall be required in a newspaper having circulation in 55
91	91	the town in which construction is to take place, except for school 56
92	92	building projects for which the town or regional school district is using 57
93	93	a state contract pursuant to subsection (d) of section 10-292. Following 58
94	94	the qualification process, the awarding authority shall evaluate the 59
95	95	proposals to determine the four most responsible qualified proposers 60
96	96	using those criteria previously listed in the requests for qualifications 61
97	97	and requests for proposals for selecting construction management 62
98	98	services specific to the project or school district. Such evaluation criteria 63
99	99	shall include due consideration of the proposer's pricing for the project, 64
100	100	experience with work of similar size and scope as required for the order 65
101	101	or contract, organizational and team structure for the order or contract, 66
102	102	past performance data, including, but not limited to, adherence to 67
103	103	project schedules and project budgets and the number of change orders 68
104	104	for projects, the approach to the work required for the order or contract, 69
105	105	including whether the proposer intends to self-perform any project 70
106	106	element and the benefit to the awarding authority that will result from 71
107	107	such self-performance, and documented contract oversight capabilities, 72
108	108	and may include criteria specific to the project. Final selection by the 73
109	109	awarding authority is limited to the pool of the four most responsible 74
110	110	qualified proposers and shall include consideration of all criteria 75
111	111	included within the request for proposals. As used in this subdivision, 76
112	112	"most responsible qualified proposer" means the proposer who is 77
113	113	qualified by the awarding authority when considering price and the 78
114	114	factors necessary for faithful performance of the work based on the 79
115	115	criteria and scope of work included in the request for proposals. 80
116	116	(B) Upon the written approval of the Commissioner of 81
117	117	Administrative Services, an awarding authority may permit a 82 Raised Bill No. 486
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121	121	LCO No. 3031 4 of 5
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123	123	construction manager to self-perform a portion of the construction work 83
124	124	if the awarding authority and the commissioner determine that the 84
125	125	construction manager can self-perform the work more cost-effectively 85
126	126	than a subcontractor [. All work not performed by the construction 86
127	127	manager shall be performed by trade subcontractors selected by a 87
128	128	process approved by the awarding authority and the commissioner.] 88
129	129	and if the construction manager identifies the project element at the time 89
130	130	of the original proposal or bid to the awarding authority. Each bid, 90
131	131	including the bid of the construction manager when submitting a bid 91
132	132	for any element of the work, shall be kept sealed until opened publicly 92
133	133	at the time and place as set forth in the invitation to bid. The construction 93
134	134	manager may only self-perform portions of the project for which the 94
135	135	construction manager is enrolled in a state-registered apprenticeship 95
136	136	program that provides related instruction for the type of work the 96
137	137	construction manager is self-performing and for which the construction 97
138	138	manager is prequalified under section 4a-100. The construction 98
139	139	manager's contract shall include a guaranteed maximum price for the 99
140	140	cost of construction. Such guaranteed maximum price shall be 100
141	141	determined not later than ninety days after the selection of the trade 101
142	142	subcontractors. The construction manager shall award any related 102
143	143	contracts for project elements to the responsible qualified contractor 103
144	144	submitting the lowest bid in compliance with the bid requirements of 104
145	145	this section. Construction shall not begin prior to the determination of 105
146	146	the guaranteed maximum price, except [work relating to site 106
147	147	preparation and demolition may com mence prior to such 107
148	148	determination.] for project elements of site preparation and demolition 108
149	149	that have been previously put out to bid and awarded. If the 109
150	150	construction manager is the successful bidder for the project element for 110
151	151	which he or she is bidding, the construction manager shall (1) be 111
152	152	prohibited from using any of the project contingency funds to assist in 112
153	153	the performance of such project element, (2) perform the work with 113
154	154	employees on the payroll of the construction manager, excluding 114
155	155	limited portions which are typically subcontracted, and (3) submit all 115
156	156	change orders on self-performed work to be reviewed by the awarding 116
157	157	authority or awarding authority's representative. 117 Raised Bill No. 486
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161	161	LCO No. 3031 5 of 5
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163	163	(4) All orders and contracts for any other consultant services, 118
164	164	including, but not limited to, consultant services rendered by an owner's 119
165	165	representatives, construction administrators, program managers, 120
166	166	environmental professionals, planners and financial specialists, shall 121
167	167	comply with the public selection process described in subdivision (2) of 122
168	168	this subsection. No costs associated with an order or contract for such 123
169	169	consultant services shall be eligible for state financial assistance under 124
170	170	this chapter unless such order or contract receives prior approval from 125
171	171	the Commissioner of Administrative Services. 126
172	172	This act shall take effect as follows and shall amend the following
173	173	sections:
174	174
175	175	Section 1 July 1, 2020 10-287(b)
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177	177	Statement of Purpose:
178	178	To impose additional requirements on construction managers self-
179	179	performing school construction contracts.
180	180	[Proposed deletions are enclosed in brackets. Proposed additions are indicated by underline, except
181	181	that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is not
182	182	underlined.]
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