Connecticut 2021 Regular Session

Connecticut House Bill HB06617 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1	1
2	2
3		-	LCO \\PRDFS1\HCOUSERS\BARRYJN\WS\2021HB-06617-~~R02~~-
	3	+	LCO 4889 \\PRDFS1\HCOUSERS\BARRYJN\WS\2021HB-06617-R01-
4	4		HB.docx
5		-	1 of 8
	5	+	1 of 6
6	6
7		-	General Assembly ~~Substitute~~ Bill No. 6617
	7	+	General Assembly Raised Bill No. 6617
8	8		January Session, 2021
	9	+	LCO No. 4889
9	10
10	11
	12	+	Referred to Committee on EDUCATION
	13	+
	14	+
	15	+	Introduced by:
	16	+	(ED)
11	17
12	18
13	19
14	20		AN ACT CONCERNING AU THORIZATION OF STATE GRANT
15	21		COMMITMENTS FOR SCHO OL BUILDING PROJECTS AND
16	22		REVISIONS TO THE SCHOOL BUILDING PROJECT S STATUTES.
17	23		Be it enacted by the Senate and House of Representatives in General
18	24		Assembly convened:
19	25
20	26		Section 1. (Effective from passage) The Commissioner of Administrative 1
21	27		Services, having reviewed applications for state grants for public school 2
22	28		building projects in accordance with section 10-283 of the general 3
23	29		statutes on the basis of priorities for such projects and standards for 4
24	30		school construction established by the State Board of Education, and 5
25	31		having prepared a listing of all such eligible projects ranked in order of 6
26	32		priority, as determined by said commissioner together with the amount 7
27	33		of the estimated grant with respect to each eligible project, and having 8
28	34		submitted such listing of eligible projects, prior to December 15, 2020, to 9
29	35		a committee of the General Assembly established under section 10-283a 10
30	36		of the general statutes for the purpose of reviewing such listing, is 11
31	37		hereby authorized to enter into grant commitments on behalf of the state 12
32	38		in accordance with said section 10-283a with respect to the priority 13
33	39		listing of such projects and in such estimated amounts as approved by 14
34		-	said committee prior to February 1, 2021, as follows: 15
35		-	(1) Estimated Grant Commitments. 16
36		-	T1 School District Estimated Estimated Substitute Bill No. 6617
	40	+	said committee prior to February 1, 2021, as follows: 15 Raised Bill No. 6617
37	41
38	42
39		-	LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2021HB-06617-
40		-	~~R02~~-HB.docx }
41		-	2 of 8
	43	+	LCO 4889 {\\PRDFS1\HCOUSERS\BARRYJN\WS\2021HB-06617-
	44	+	R01-HB.docx }
	45	+	2 of 6
42	46
	47	+	(1) Estimated Grant Commitments. 16
	48	+	T1 School District Estimated Estimated
43	49		T2 School Project Costs Grant
44	50		T3 Project Number
45	51		T4
46	52		T5 NORTH BRANFORD
47	53		T6 North Branford High School
48	54		T7 21DASY099053N0621 $88,242,390 $29,100,282
49	55		T8
50	56		T9 NORWALK
51	57		T10 Cranberry Elementary School
52	58		T11 21DASY103252N0621 $45,000,000 $10,125,000
53	59		T12
54	60		T13 SOUTH WINDSOR
55	61		T14 Pleasant Valley Elementary School
56	62		T15 21DASY132093N0621 $58,500,000 $22,148,100
57	63		T16
58	64		T17 TORRINGTON
59	65		T18 Torrington Middle & High School
60	66		T19 21DASY143076N0621 $159,575,000 $100,308,845
61	67		T20
62	68		T21 WEST HAVEN
63	69		T22 Washington Elementary School
64	70		T23 21DASY156142N0621 $38,803,926 $26,052,956
65	71		T24
66	72		T25 DANBURY
67	73		T26 Ellsworth Avenue School Annex
68	74		T27 21DASY034150EA0621 $9,600,000 $6,137,280
69	75		T28
70	76		T29 HARTFORD
71	77		T30 Betances Learning Lab Magnet
72	78		School
73	79
74	80		T31 21DASY064316RNV0621 $43,709,774 $41,524,285
75	81		T32
76	82		T33 HARTFORD
77	83		T34 E. B. Kennelly School
78	84		T35 21DASY064317RNV0621 $51,416,225 $48,845,414
79	85		T36
80	86		T37 HARTFORD
81		-	T38 Fred D. Wish Museum School
	87	+	T38 Fred D. Wish Museum School Raised Bill No. 6617
	88	+
	89	+
	90	+	LCO 4889 {\\PRDFS1\HCOUSERS\BARRYJN\WS\2021HB-06617-
	91	+	R01-HB.docx }
	92	+	3 of 6
	93	+
82	94		T39 21DASY064318RNV0621 $49,320,000 $46,854,000
83	95		T40
84		-	T41 KILLINGLY Substitute Bill No. 6617
85		-
86		-
87		-	LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2021HB-06617-
88		-	R02-HB.docx }
89		-	3 of 8
90		-
	96	+	T41 KILLINGLY
91	97		T42 Killingly Memorial School
92	98		T43 21DASY069069RNV0621 $34,000,000 $24,981,400
93	99		T44
94	100		T45 NEWINGTON
95	101		T46 Anna Reynolds Elementary School
96	102		T47 21DASY094109RNV0621 $35,500,000 $20,792,350
97	103		T48
98	104		T49 NORWALK
99	105		T50 Naramake Elementary School
100	106		T51 21DASY103253EA0621 $3,500,000 $1,137,500
101	107		T52
102	108		T53 WESTPORT
103	109		T54 Coleytown Middle School
104	110		T55 21DASY158099RNV0621 $32,372,235 $8,820,830
105	111		T56
106	112		T57 REGIONAL DISTRICT 1
107	113		T58 Housatonic Valley Regional High
108	114		School
109	115
110	116		T59 21DASY201049VE0621 $319,533 $255,626
111	117		T60
112	118
113	119		T61 LEARN
114	120		T62 LEARN Ocean Avenue Academy
115	121		T63 21DASY245089SP0621 $9,851,000 $7,880,800
116	122
117	123		(2) Previously Authorized Projects That Have Changed Substantially 17
118	124		in Scope or Cost which are Seeking Reauthorization. 18
119	125		T64 School District Authorized Requested
120	126		T65 School
121	127		T66 Project Number
122	128		T67
123	129		T68 WINDHAM
124	130		T69 Windham High School
125	131		T70 163-0079 RNV
126	132		T71
127	133		T72 Estimated…
128		-	T73 Total Project Costs $71,670,200 $112,329,500
	134	+	T73 Total Project Costs $71,670,200 $112,329,500 Raised Bill No. 6617
	135	+
	136	+
	137	+	LCO 4889 {\\PRDFS1\HCOUSERS\BARRYJN\WS\2021HB-06617-
	138	+	R01-HB.docx }
	139	+	4 of 6
	140	+
129	141		T74 Total Grant $71,670,200 $112,329,500
130	142
131		-	Sec. 2. Subsection (b) of section 10-291 of the general statutes is 19 Substitute Bill No. 6617
132		-
133		-
134		-	LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2021HB-06617-
135		-	R02-HB.docx }
136		-	4 of 8
137		-
	143	+	Sec. 2. Subsection (b) of section 10-291 of the general statutes is 19
138	144		repealed and the following is substituted in lieu thereof (Effective July 1, 20
139	145		2021): 21
140	146		(b) The Department of Administrative Services shall not approve a 22
141	147		school building project plan or site, as applicable, if: 23
142	148		(1) The site is in an area of moderate or high radon potential, as 24
143	149		indicated in the Department of Energy and Environmental Protection's 25
144	150		Radon Potential Map, or similar subsequent publications, except where 26
145	151		the school building project plan incorporates construction techniques to 27
146	152		mitigate radon levels in the air of the facility; 28
147	153		(2) The plans incorporate new roof construction or total replacement 29
148	154		of an existing roof and do not provide for the following: (A) A minimum 30
149	155		roof pitch that conforms with the requirements of the State Building 31
150	156		Code, (B) a minimum twenty-year unlimited manufacturer's guarantee 32
151	157		for water tightness covering material and workmanship on the entire 33
152	158		roofing system, (C) the inclusion of vapor retarders, insulation, bitumen, 34
153	159		felts, membranes, flashings, metals, decks and any other feature 35
154	160		required by the roof design, and (D) that all manufacturer's materials to 36
155	161		be used in the roofing system are specified to meet the latest standards 37
156	162		for individual components of the roofing systems of the American 38
157	163		Society for Testing and Materials; 39
158	164		(3) In the case of a major alteration, renovation or extension of a 40
159	165		building to be used for public school purposes, the plans do not 41
160	166		incorporate the guidelines set forth in the Sheet Metal and Air 42
161	167		Conditioning Contractors National Association's publication entitled 43
162	168		"Indoor Air Quality Guidelines for Occupied Buildings Under 44
163	169		Construction" or similar subsequent publications; 45
164	170		(4) In the case of a new construction, extension, renovation or 46
165		-	replacement, the plans do not provide that the building maintenance 47
	171	+	replacement, the plans do not provide that the building maintenance 47 Raised Bill No. 6617
	172	+
	173	+
	174	+	LCO 4889 {\\PRDFS1\HCOUSERS\BARRYJN\WS\2021HB-06617-
	175	+	R01-HB.docx }
	176	+	5 of 6
	177	+
166	178		staff responsible for such facility are trained in or are receiving training 48
167	179		in, or that the applicant plans to provide training in, the appropriate 49
168		-	areas of plant operations including, but not limited to, heating, 50 Substitute Bill No. 6617
169		-
170		-
171		-	LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2021HB-06617-
172		-	R02-HB.docx }
173		-	5 of 8
174		-
	180	+	areas of plant operations including, but not limited to, heating, 50
175	181		ventilation and air conditioning systems pursuant to section 10-231e, 51
176	182		with specific training relative to indoor air quality; [or] 52
177	183		(5) In the case of a project for new construction, extension, major 53
178	184		alteration, renovation or replacement involving a school entrance for 54
179	185		inclusion on any listing submitted to the General Assembly in 55
180	186		accordance with section 10-283 on or after July 1, 2008, the plans do not 56
181	187		provide for a security infrastructure for such entrance; or 57
182	188		(6) In the case of a project for new construction, extension, major 58
183	189		alteration, renovation or replacement on any listing submitted to the 59
184	190		General Assembly in accordance with section 10-283 on or after July 1, 60
185		-	2022, the plans do not provide for the installation of at least one water 61
186		-	bottle filling station (A) per one hundred students of the projected 62
187		-	enrollment for the school building, (B) on each new floor or wing of the 63
188		-	school building, and (C) in any food service area of the school building. 64
189		-	Sec. 3. Section 10-292v of the general statutes is repealed and the 65
190		-	following is substituted in lieu thereof (Effective July 1, 2021): 66
191		-	[Any] (a) Notwithstanding the provisions of any special act, 67
192		-	municipal charter, local ordinance, home rule ordinance or other 68
193		-	ordinance, on and after July 1, 2021, the local or regional board of 69
194		-	education for a town shall (1) establish any new school building 70
195		-	committee [established by a town or regional school district to 71
196		-	undertake] responsible for undertaking a school building project, as 72
197		-	defined in section 10-282, [shall] or (2) reestablish any existing school 73
198		-	building project committee. In establishing or reestablishing a school 74
199		-	building committee under this section, the local or regional board of 75
200		-	education shall appoint the members of the school building committee, 76
201		-	provided such school building committee include at least one member 77
202		-	who has experience in the construction industry. 78
203		-	(b) Any school building committee reestablished under this section 79
204		-	shall constitute a successor committee to the prior school building 80
205		-	committee for purposes of undertaking school building projects under 81 Substitute Bill No. 6617
	191	+	2022, the plans do not provide for the installation of water bottle filling 61
	192	+	stations. 62
	193	+	Sec. 3. Section 10-292v of the general statutes is repealed and the 63
	194	+	following is substituted in lieu thereof (Effective July 1, 2021): 64
	195	+	[Any] (a) Notwithstanding the provisions of any special act, 65
	196	+	municipal charter, local ordinance, home rule ordinance or other 66
	197	+	ordinance, on and after July 1, 2021, the local or regional board of 67
	198	+	education for a town shall (1) establish any new school building 68
	199	+	committee [established by a town or regional school district to 69
	200	+	undertake] responsible for undertaking a school building project, as 70
	201	+	defined in section 10-282, [shall] or (2) reestablish any existing school 71
	202	+	building project committee. In establishing or reestablishing a school 72
	203	+	building committee under this section, the local or regional board of 73
	204	+	education shall appoint the members of the school building committee, 74
	205	+	provided such school building committee include at least one member 75
	206	+	who has experience in the construction industry. 76
	207	+	(b) Any school building committee reestablished under this section 77
	208	+	shall constitute a successor committee to the prior school building 78 Raised Bill No. 6617
206	209
207	210
208		-	LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2021HB-06617-
209		-	~~R02~~-HB.docx }
210		-	6 of 8
	211	+	LCO 4889 {\\PRDFS1\HCOUSERS\BARRYJN\WS\2021HB-06617-
	212	+	R01-HB.docx }
	213	+	6 of 6
211	214
212		-	this chapter. 82
213		-	Sec. 4. Subdivision (3) of subsection (b) of section 10-287 of the general 83
214		-	statutes is repealed and the following is substituted in lieu thereof 84
215		-	(Effective July 1, 2021): 85
216		-	(3) (A) All orders and contracts for construction management services 86
217		-	shall be awarded from a pool of not more than the four most responsible 87
218		-	qualified proposers after a public selection process. Such process shall, 88
219		-	at a minimum, involve requests for qualifications, followed by requests 89
220		-	for proposals, including fees, from the proposers meeting the 90
221		-	qualifications criteria of the request for qualifications process. Public 91
222		-	advertisements shall be required in a newspaper having circulation in 92
223		-	the town in which construction is to take place, except for school 93
224		-	building projects for which the town or regional school district is using 94
225		-	a state contract pursuant to subsection (d) of section 10-292. Following 95
226		-	the qualification process, the awarding authority shall evaluate the 96
227		-	proposals to determine the four most responsible qualified proposers 97
228		-	using those criteria previously listed in the requests for qualifications 98
229		-	and requests for proposals for selecting construction management 99
230		-	services specific to the project or school district. Such evaluation criteria 100
231		-	shall include due consideration of the proposer's pricing for the project, 101
232		-	experience with work of similar size and scope as required for the order 102
233		-	or contract, organizational and team structure for the order or contract, 103
234		-	past performance data, including, but not limited to, adherence to 104
235		-	project schedules and project budgets and the number of change orders 105
236		-	for projects, the approach to the work required for the order or contract, 106
237		-	including on and after July 1, 2021, whether the proposer intends to self-107
238		-	perform any project element and the benefit to the awarding authority 108
239		-	that will result from such self-performance, and documented contract 109
240		-	oversight capabilities, and may include criteria specific to the project. 110
241		-	Final selection by the awarding authority is limited to the pool of the 111
242		-	four most responsible qualified proposers and s hall include 112
243		-	consideration of all criteria included within the request for proposals. 113
244		-	As used in this subdivision, "most responsible qualified proposer" 114 Substitute Bill No. 6617
245		-
246		-
247		-	LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2021HB-06617-
248		-	R02-HB.docx }
249		-	7 of 8
250		-
251		-	means the proposer who is qualified by the awarding authority when 115
252		-	considering price and the factors necessary for faithful performance of 116
253		-	the work based on the criteria and scope of work included in the request 117
254		-	for proposals. 118
255		-	(B) (i) On and after July 1, 2021, upon the written approval of the 119
256		-	Commissioner of Administrative Services, an awarding authority may 120
257		-	permit a construction manager to self-perform a portion of the 121
258		-	construction work if the construction manager has identified the project 122
259		-	element at the time of the construction manager's original proposal to 123
260		-	the owner and the awarding authority and the commissioner determine 124
261		-	that the construction manager has the requisite work experience and 125
262		-	qualifications to self-perform the work and can self-perform the work 126
263		-	more cost-effectively than a subcontractor. A construction manager may 127
264		-	only self-perform portions of a project (I) for which the construction 128
265		-	manager is enrolled in a state-registered apprenticeship program that 129
266		-	provides related instruction for the type of work the construction 130
267		-	manager is seeking to self-perform, and (II) for which the construction 131
268		-	manager is prequalified under section 4a-100. All work not performed 132
269		-	by the construction manager shall be performed by trade subcontractors 133
270		-	selected [by a process approved by the awarding authority and the 134
271		-	commissioner] pursuant to section 4b-91 and determined to be among 135
272		-	the lowest responsible and qualified bidders, as defined in section 4b-136
273		-	92. 137
274		-	(ii) Each bid for a specific project element, including from a 138
275		-	construction manager, shall be submitted simultaneously with the 139
276		-	project bid and kept sealed until opened publicly at the time and place 140
277		-	set forth in the notice soliciting bids. If the construction manager is the 141
278		-	successful bidder for a project element, the construction manager (I) 142
279		-	shall not use any of the project contingency to assist in the performance 143
280		-	of work for such project element, (II) shall perform such work, other 144
281		-	than limited portions that would typically be performed by specialty 145
282		-	subcontractors, with employees who are on the construction manager's 146
283		-	payroll and are properly classified under section 31-53, and (III) shall 147 Substitute Bill No. 6617
284		-
285		-
286		-	LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2021HB-06617-
287		-	R02-HB.docx }
288		-	8 of 8
289		-
290		-	submit all change orders on self-performed work to be reviewed by the 148
291		-	owner or the owner's representative. 149
292		-	(iii) The construction manager's contract shall include a guaranteed 150
293		-	maximum price for the cost of construction. Such guaranteed maximum 151
294		-	price shall be determined not later than ninety days after the selection 152
295		-	of the trade subcontractors. Construction shall not begin prior to the 153
296		-	determination of the guaranteed maximum price, except work relating 154
297		-	to site preparation and demolition may commence prior to such 155
298		-	determination. 156
	215	+	committee for purposes of undertaking school building projects under 79
	216	+	this chapter. 80
299	217		This act shall take effect as follows and shall amend the following
300	218		sections:
301	219
302	220		Section 1 from passage New section
303	221		Sec. 2 July 1, 2021 10-291(b)
304	222		Sec. 3 July 1, 2021 10-292v
305		-	Sec. 4 July 1, 2021 10-287(b)(3)
306	223
307	224		ED Joint Favorable C/R FIN
308		-	FIN Joint Favorable Subst.
309	225