LCO \\PRDFS1\HCOUSERS\BARRYJN\WS\2021HB-06617-R02- HB.docx 1 of 8 General Assembly Substitute Bill No. 6617 January Session, 2021 AN ACT CONCERNING AU THORIZATION OF STATE GRANT COMMITMENTS FOR SCHO OL BUILDING PROJECTS AND REVISIONS TO THE SCHOOL BUILDING PROJECTS STATUTES. 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 submitted such listing of eligible projects, prior to December 15, 2020, 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 10-283a with respect to the priority 13 listing of such projects and in such estimated amounts as approved by 14 said committee prior to February 1, 2021, as follows: 15 (1) Estimated Grant Commitments. 16 T1 School District Estimated Estimated Substitute Bill No. 6617 LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2021HB-06617- R02-HB.docx } 2 of 8 T2 School Project Costs Grant T3 Project Number T4 T5 NORTH BRANFORD T6 North Branford High School T7 21DASY099053N0621 $88,242,390 $29,100,282 T8 T9 NORWALK T10 Cranberry Elementary School T11 21DASY103252N0621 $45,000,000 $10,125,000 T12 T13 SOUTH WINDSOR T14 Pleasant Valley Elementary School T15 21DASY132093N0621 $58,500,000 $22,148,100 T16 T17 TORRINGTON T18 Torrington Middle & High School T19 21DASY143076N0621 $159,575,000 $100,308,845 T20 T21 WEST HAVEN T22 Washington Elementary School T23 21DASY156142N0621 $38,803,926 $26,052,956 T24 T25 DANBURY T26 Ellsworth Avenue School Annex T27 21DASY034150EA0621 $9,600,000 $6,137,280 T28 T29 HARTFORD T30 Betances Learning Lab Magnet School T31 21DASY064316RNV0621 $43,709,774 $41,524,285 T32 T33 HARTFORD T34 E. B. Kennelly School T35 21DASY064317RNV0621 $51,416,225 $48,845,414 T36 T37 HARTFORD T38 Fred D. Wish Museum School T39 21DASY064318RNV0621 $49,320,000 $46,854,000 T40 T41 KILLINGLY Substitute Bill No. 6617 LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2021HB-06617- R02-HB.docx } 3 of 8 T42 Killingly Memorial School T43 21DASY069069RNV0621 $34,000,000 $24,981,400 T44 T45 NEWINGTON T46 Anna Reynolds Elementary School T47 21DASY094109RNV0621 $35,500,000 $20,792,350 T48 T49 NORWALK T50 Naramake Elementary School T51 21DASY103253EA0621 $3,500,000 $1,137,500 T52 T53 WESTPORT T54 Coleytown Middle School T55 21DASY158099RNV0621 $32,372,235 $8,820,830 T56 T57 REGIONAL DISTRICT 1 T58 Housatonic Valley Regional High School T59 21DASY201049VE0621 $319,533 $255,626 T60 T61 LEARN T62 LEARN Ocean Avenue Academy T63 21DASY245089SP0621 $9,851,000 $7,880,800 (2) Previously Authorized Projects That Have Changed Substantially 17 in Scope or Cost which are Seeking Reauthorization. 18 T64 School District Authorized Requested T65 School T66 Project Number T67 T68 WINDHAM T69 Windham High School T70 163-0079 RNV T71 T72 Estimated… T73 Total Project Costs $71,670,200 $112,329,500 T74 Total Grant $71,670,200 $112,329,500 Sec. 2. Subsection (b) of section 10-291 of the general statutes is 19 Substitute Bill No. 6617 LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2021HB-06617- R02-HB.docx } 4 of 8 repealed and the following is substituted in lieu thereof (Effective July 1, 20 2021): 21 (b) The Department of Administrative Services shall not approve a 22 school building project plan or site, as applicable, if: 23 (1) The site is in an area of moderate or high radon potential, as 24 indicated in the Department of Energy and Environmental Protection's 25 Radon Potential Map, or similar subsequent publications, except where 26 the school building project plan incorporates construction techniques to 27 mitigate radon levels in the air of the facility; 28 (2) The plans incorporate new roof construction or total replacement 29 of an existing roof and do not provide for the following: (A) A minimum 30 roof pitch that conforms with the requirements of the State Building 31 Code, (B) a minimum twenty-year unlimited manufacturer's guarantee 32 for water tightness covering material and workmanship on the entire 33 roofing system, (C) the inclusion of vapor retarders, insulation, bitumen, 34 felts, membranes, flashings, metals, decks and any other feature 35 required by the roof design, and (D) that all manufacturer's materials to 36 be used in the roofing system are specified to meet the latest standards 37 for individual components of the roofing systems of the American 38 Society for Testing and Materials; 39 (3) In the case of a major alteration, renovation or extension of a 40 building to be used for public school purposes, the plans do not 41 incorporate the guidelines set forth in the Sheet Metal and Air 42 Conditioning Contractors National Association's publication entitled 43 "Indoor Air Quality Guidelines for Occupied Buildings Under 44 Construction" or similar subsequent publications; 45 (4) In the case of a new construction, extension, renovation or 46 replacement, the plans do not provide that the building maintenance 47 staff responsible for such facility are trained in or are receiving training 48 in, or that the applicant plans to provide training in, the appropriate 49 areas of plant operations including, but not limited to, heating, 50 Substitute Bill No. 6617 LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2021HB-06617- R02-HB.docx } 5 of 8 ventilation and air conditioning systems pursuant to section 10-231e, 51 with specific training relative to indoor air quality; [or] 52 (5) In the case of a project for new construction, extension, major 53 alteration, renovation or replacement involving a school entrance for 54 inclusion on any listing submitted to the General Assembly in 55 accordance with section 10-283 on or after July 1, 2008, the plans do not 56 provide for a security infrastructure for such entrance; or 57 (6) In the case of a project for new construction, extension, major 58 alteration, renovation or replacement on any listing submitted to the 59 General Assembly in accordance with section 10-283 on or after July 1, 60 2022, the plans do not provide for the installation of at least one water 61 bottle filling station (A) per one hundred students of the projected 62 enrollment for the school building, (B) on each new floor or wing of the 63 school building, and (C) in any food service area of the school building. 64 Sec. 3. Section 10-292v of the general statutes is repealed and the 65 following is substituted in lieu thereof (Effective July 1, 2021): 66 [Any] (a) Notwithstanding the provisions of any special act, 67 municipal charter, local ordinance, home rule ordinance or other 68 ordinance, on and after July 1, 2021, the local or regional board of 69 education for a town shall (1) establish any new school building 70 committee [established by a town or regional school district to 71 undertake] responsible for undertaking a school building project, as 72 defined in section 10-282, [shall] or (2) reestablish any existing school 73 building project committee. In establishing or reestablishing a school 74 building committee under this section, the local or regional board of 75 education shall appoint the members of the school building committee, 76 provided such school building committee include at least one member 77 who has experience in the construction industry. 78 (b) Any school building committee reestablished under this section 79 shall constitute a successor committee to the prior school building 80 committee for purposes of undertaking school building projects under 81 Substitute Bill No. 6617 LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2021HB-06617- R02-HB.docx } 6 of 8 this chapter. 82 Sec. 4. Subdivision (3) of subsection (b) of section 10-287 of the general 83 statutes is repealed and the following is substituted in lieu thereof 84 (Effective July 1, 2021): 85 (3) (A) All orders and contracts for construction management services 86 shall be awarded from a pool of not more than the four most responsible 87 qualified proposers after a public selection process. Such process shall, 88 at a minimum, involve requests for qualifications, followed by requests 89 for proposals, including fees, from the proposers meeting the 90 qualifications criteria of the request for qualifications process. Public 91 advertisements shall be required in a newspaper having circulation in 92 the town in which construction is to take place, except for school 93 building projects for which the town or regional school district is using 94 a state contract pursuant to subsection (d) of section 10-292. Following 95 the qualification process, the awarding authority shall evaluate the 96 proposals to determine the four most responsible qualified proposers 97 using those criteria previously listed in the requests for qualifications 98 and requests for proposals for selecting construction management 99 services specific to the project or school district. Such evaluation criteria 100 shall include due consideration of the proposer's pricing for the project, 101 experience with work of similar size and scope as required for the order 102 or contract, organizational and team structure for the order or contract, 103 past performance data, including, but not limited to, adherence to 104 project schedules and project budgets and the number of change orders 105 for projects, the approach to the work required for the order or contract, 106 including on and after July 1, 2021, whether the proposer intends to self-107 perform any project element and the benefit to the awarding authority 108 that will result from such self-performance, and documented contract 109 oversight capabilities, and may include criteria specific to the project. 110 Final selection by the awarding authority is limited to the pool of the 111 four most responsible qualified proposers and s hall include 112 consideration of all criteria included within the request for proposals. 113 As used in this subdivision, "most responsible qualified proposer" 114 Substitute Bill No. 6617 LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2021HB-06617- R02-HB.docx } 7 of 8 means the proposer who is qualified by the awarding authority when 115 considering price and the factors necessary for faithful performance of 116 the work based on the criteria and scope of work included in the request 117 for proposals. 118 (B) (i) On and after July 1, 2021, upon the written approval of the 119 Commissioner of Administrative Services, an awarding authority may 120 permit a construction manager to self-perform a portion of the 121 construction work if the construction manager has identified the project 122 element at the time of the construction manager's original proposal to 123 the owner and the awarding authority and the commissioner determine 124 that the construction manager has the requisite work experience and 125 qualifications to self-perform the work and can self-perform the work 126 more cost-effectively than a subcontractor. A construction manager may 127 only self-perform portions of a project (I) for which the construction 128 manager is enrolled in a state-registered apprenticeship program that 129 provides related instruction for the type of work the construction 130 manager is seeking to self-perform, and (II) for which the construction 131 manager is prequalified under section 4a-100. All work not performed 132 by the construction manager shall be performed by trade subcontractors 133 selected [by a process approved by the awarding authority and the 134 commissioner] pursuant to section 4b-91 and determined to be among 135 the lowest responsible and qualified bidders, as defined in section 4b-136 92. 137 (ii) Each bid for a specific project element, including from a 138 construction manager, shall be submitted simultaneously with the 139 project bid and kept sealed until opened publicly at the time and place 140 set forth in the notice soliciting bids. If the construction manager is the 141 successful bidder for a project element, the construction manager (I) 142 shall not use any of the project contingency to assist in the performance 143 of work for such project element, (II) shall perform such work, other 144 than limited portions that would typically be performed by specialty 145 subcontractors, with employees who are on the construction manager's 146 payroll and are properly classified under section 31-53, and (III) shall 147 Substitute Bill No. 6617 LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2021HB-06617- R02-HB.docx } 8 of 8 submit all change orders on self-performed work to be reviewed by the 148 owner or the owner's representative. 149 (iii) The construction manager's contract shall include a guaranteed 150 maximum price for the cost of construction. Such guaranteed maximum 151 price shall be determined not later than ninety days after the selection 152 of the trade subcontractors. Construction shall not begin prior to the 153 determination of the guaranteed maximum price, except work relating 154 to site preparation and demolition may commence prior to such 155 determination. 156 This act shall take effect as follows and shall amend the following sections: Section 1 from passage New section Sec. 2 July 1, 2021 10-291(b) Sec. 3 July 1, 2021 10-292v Sec. 4 July 1, 2021 10-287(b)(3) ED Joint Favorable C/R FIN FIN Joint Favorable Subst.