Connecticut 2021 Regular Session

Connecticut House Bill HB06617 Latest Draft

Bill / Comm Sub Version Filed 05/10/2021

                             
 
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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 
 
 
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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 
 
 
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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 
 
 
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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 
 
 
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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 
 
 
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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 
 
 
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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 
 
 
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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.