1 | 1 | | |
---|
2 | 2 | | |
---|
3 | 3 | | LCO No. 5653 1 of 5 |
---|
4 | 4 | | |
---|
5 | 5 | | General Assembly Raised Bill No. 7149 |
---|
6 | 6 | | January Session, 2025 |
---|
7 | 7 | | LCO No. 5653 |
---|
8 | 8 | | |
---|
9 | 9 | | |
---|
10 | 10 | | Referred to Committee on PLANNING AND DEVELOPMENT |
---|
11 | 11 | | |
---|
12 | 12 | | |
---|
13 | 13 | | Introduced by: |
---|
14 | 14 | | (PD) |
---|
15 | 15 | | |
---|
16 | 16 | | |
---|
17 | 17 | | |
---|
18 | 18 | | |
---|
19 | 19 | | AN ACT CONCERNING CERTAIN MUNICIPAL CONTRACTS FOR |
---|
20 | 20 | | PROFESSIONAL ENGINEERING SERVICES. |
---|
21 | 21 | | Be it enacted by the Senate and House of Representatives in General |
---|
22 | 22 | | Assembly convened: |
---|
23 | 23 | | |
---|
24 | 24 | | Section 1. (NEW) (Effective October 1, 2025) (a) For the purposes of this 1 |
---|
25 | 25 | | section, (1) "firm" means any individual, partnership, corporation, joint 2 |
---|
26 | 26 | | venture, association or other legal entity authorized to provide 3 |
---|
27 | 27 | | professional engineering services pursuant to chapter 391 of the general 4 |
---|
28 | 28 | | statutes, and (2) "municipality" has the same meaning as provided in 5 |
---|
29 | 29 | | section 7-148 of the general statutes. 6 |
---|
30 | 30 | | (b) Notwithstanding the provisions of any special act, municipal 7 |
---|
31 | 31 | | charter or home rule ordinance, on and after January 1, 2026, unless any 8 |
---|
32 | 32 | | provision of state or federal law, including, but not limited to, sections 9 |
---|
33 | 33 | | 4b-91 and 10-287 of the general statutes, requires otherwise, a 10 |
---|
34 | 34 | | municipality shall utilize the process described in this section when 11 |
---|
35 | 35 | | soliciting professional engineering services from any firm, if the fee for 12 |
---|
36 | 36 | | such services is anticipated to exceed one hundred thousand dollars and 13 |
---|
37 | 37 | | be paid, in whole or in part, with state funding. 14 |
---|
38 | 38 | | (c) (1) Any municipality that requires professional engineering 15 |
---|
39 | 39 | | Raised Bill No. 7149 |
---|
40 | 40 | | |
---|
41 | 41 | | |
---|
42 | 42 | | |
---|
43 | 43 | | LCO No. 5653 2 of 5 |
---|
44 | 44 | | |
---|
45 | 45 | | services, if the municipality anticipates that the fee for such services will 16 |
---|
46 | 46 | | exceed one hundred thousand dollars and be paid, in whole or in part, 17 |
---|
47 | 47 | | with state funding, shall provide a description of the services required 18 |
---|
48 | 48 | | and solicit firms to submit a statement of qualifications for such firm, in 19 |
---|
49 | 49 | | accordance with the provisions of subsection (d) of this section. Each 20 |
---|
50 | 50 | | such statement of qualifications shall include, but not be limited to, (A) 21 |
---|
51 | 51 | | a description of such firm, including the location of such firm's office or 22 |
---|
52 | 52 | | offices and the number of years such firm has been engaged in the 23 |
---|
53 | 53 | | practice of professional engineering, (B) examples of similar services 24 |
---|
54 | 54 | | provided by such firm and such firm's record of past performance with 25 |
---|
55 | 55 | | respect to control of costs, quality of work and cooperation with clients, 26 |
---|
56 | 56 | | (C) information concerning such firm's project manager and key staff, 27 |
---|
57 | 57 | | including, but not limited to, such manager and staff's education and 28 |
---|
58 | 58 | | training, (D) a description of quality control measures utilized by such 29 |
---|
59 | 59 | | firm, (E) a description of such firm's proposed approach to the provision 30 |
---|
60 | 60 | | of the services sought by the municipality, (F) a proposed schedule for 31 |
---|
61 | 61 | | the provision of such services, if applicable, and (G) any additional 32 |
---|
62 | 62 | | information the municipality determines is necessary to select a firm to 33 |
---|
63 | 63 | | provide such services. 34 |
---|
64 | 64 | | (2) The municipality shall evaluate each statement of qualifications 35 |
---|
65 | 65 | | submitted by a firm and rank each such firm based on criteria developed 36 |
---|
66 | 66 | | by the municipality to evaluate each firm's qualifications. After ranking 37 |
---|
67 | 67 | | each firm that submitted a statement of qualifications, the municipality 38 |
---|
68 | 68 | | shall negotiate a contract for such services with the highest ranked firm 39 |
---|
69 | 69 | | at a rate of compensation the municipality determines is fair and 40 |
---|
70 | 70 | | reasonable in consideration of the value, scope, complexity, schedule for 41 |
---|
71 | 71 | | completion and nature of such services. If the municipality is unable to 42 |
---|
72 | 72 | | enter into a contract with the highest ranked firm after such negotiation, 43 |
---|
73 | 73 | | the municipality may negotiate with any additional responding firms, 44 |
---|
74 | 74 | | in order of such firms' ranking, in accordance with the provisions of this 45 |
---|
75 | 75 | | subsection. 46 |
---|
76 | 76 | | (d) Any municipality shall publish on the Internet web site of the 47 |
---|
77 | 77 | | municipality: (1) A description of the professional engineering services 48 |
---|
78 | 78 | | Raised Bill No. 7149 |
---|
79 | 79 | | |
---|
80 | 80 | | |
---|
81 | 81 | | |
---|
82 | 82 | | LCO No. 5653 3 of 5 |
---|
83 | 83 | | |
---|
84 | 84 | | the municipality requires and a solicitation of the submission of 49 |
---|
85 | 85 | | statements of qualification by firms, including instructions for the 50 |
---|
86 | 86 | | submission of such statements, (2) the criteria the municipality 51 |
---|
87 | 87 | | developed for the evaluation of such firms pursuant to subsection (b) of 52 |
---|
88 | 88 | | this section, and (3) upon execution of a contract with a firm for such 53 |
---|
89 | 89 | | professional engineering services, a list of the firms that responded to 54 |
---|
90 | 90 | | such solicitation and the ranking assigned to each such firm by the 55 |
---|
91 | 91 | | municipality. 56 |
---|
92 | 92 | | (e) (1) Any municipality may establish and maintain a list of firms 57 |
---|
93 | 93 | | that are preapproved to provide professional engineering services for 58 |
---|
94 | 94 | | the municipality. Any firm that desires to appear on such list shall 59 |
---|
95 | 95 | | submit a statement of such firm's qualifications, including, but not 60 |
---|
96 | 96 | | limited to, (A) a description of such firm, including the location of such 61 |
---|
97 | 97 | | firm's office or offices and the number of years such firm has been 62 |
---|
98 | 98 | | engaged in the practice of professional engineering, (B) examples of 63 |
---|
99 | 99 | | engineering services provided by such firm and such firm's record of 64 |
---|
100 | 100 | | past performance with respect to control of costs, quality of work and 65 |
---|
101 | 101 | | cooperation with clients, (C) information concerning such firm's project 66 |
---|
102 | 102 | | manager and key staff, including, but not limited to, such manager and 67 |
---|
103 | 103 | | staff's education and training, (D) a description of quality control 68 |
---|
104 | 104 | | measures utilized by such firm, (E) a description of such firm's proposed 69 |
---|
105 | 105 | | approach to the provision of engineering services, and (F) any 70 |
---|
106 | 106 | | additional information the municipality determines is necessary to 71 |
---|
107 | 107 | | determine whether to place a firm on such list. Upon receipt of a 72 |
---|
108 | 108 | | statement pursuant to this subsection, the municipality shall determine, 73 |
---|
109 | 109 | | in accordance with criteria developed by the municipality, whether to 74 |
---|
110 | 110 | | place such firm on the municipality's preapproved list. Any firm the 75 |
---|
111 | 111 | | municipality places on such list shall submit an updated statement of 76 |
---|
112 | 112 | | such firm's qualifications to the municipality not less than every five 77 |
---|
113 | 113 | | years thereafter, or more frequently upon the request of the 78 |
---|
114 | 114 | | municipality. 79 |
---|
115 | 115 | | (2) Any municipality that requires professional engineering services 80 |
---|
116 | 116 | | and has established a list of two or more firms pursuant to subdivision 81 |
---|
117 | 117 | | Raised Bill No. 7149 |
---|
118 | 118 | | |
---|
119 | 119 | | |
---|
120 | 120 | | |
---|
121 | 121 | | LCO No. 5653 4 of 5 |
---|
122 | 122 | | |
---|
123 | 123 | | (1) of this subsection may, in lieu of complying with the publication 82 |
---|
124 | 124 | | requirements described in subsection (d) of this section, provide each 83 |
---|
125 | 125 | | firm on such list a description of the professional engineering services 84 |
---|
126 | 126 | | the municipality requires and request from each such firm a proposed 85 |
---|
127 | 127 | | schedule for the provision of such services, if applicable, and any 86 |
---|
128 | 128 | | additional information necessary to permit the municipality to rank 87 |
---|
129 | 129 | | each firm based on criteria the municipality developed pursuant to 88 |
---|
130 | 130 | | subsection (c) of this section. After ranking each firm, the municipality 89 |
---|
131 | 131 | | shall negotiate a contract for such services in accordance with the 90 |
---|
132 | 132 | | procedures described in subsection (c) of this section. 91 |
---|
133 | 133 | | (f) Any municipality that has previously executed a contract for the 92 |
---|
134 | 134 | | provision of professional engineering services with a firm may negotiate 93 |
---|
135 | 135 | | additional terms or a new contract with such firm for an associated 94 |
---|
136 | 136 | | project. 95 |
---|
137 | 137 | | Sec. 2. Subsection (b) of section 7-148v of the general statutes is 96 |
---|
138 | 138 | | repealed and the following is substituted in lieu thereof (Effective October 97 |
---|
139 | 139 | | 1, 2025): 98 |
---|
140 | 140 | | (b) [Notwithstanding] Except as provided in section 1 of this act, 99 |
---|
141 | 141 | | notwithstanding the provisions of the general statutes or any municipal 100 |
---|
142 | 142 | | charter, special act or ordinance, any municipality may purchase 101 |
---|
143 | 143 | | equipment, supplies, materials or services from a person who has a 102 |
---|
144 | 144 | | contract to sell such goods or services to other state governments, 103 |
---|
145 | 145 | | political subdivisions of the state, nonprofit organizations or public 104 |
---|
146 | 146 | | purchasing consortia available through a regional educational service 105 |
---|
147 | 147 | | center or regional council of governments, in accordance with the 106 |
---|
148 | 148 | | provisions of such contract. 107 |
---|
149 | 149 | | This act shall take effect as follows and shall amend the following |
---|
150 | 150 | | sections: |
---|
151 | 151 | | |
---|
152 | 152 | | Section 1 October 1, 2025 New section |
---|
153 | 153 | | Sec. 2 October 1, 2025 7-148v(b) |
---|
154 | 154 | | |
---|
155 | 155 | | Raised Bill No. 7149 |
---|
156 | 156 | | |
---|
157 | 157 | | |
---|
158 | 158 | | |
---|
159 | 159 | | LCO No. 5653 5 of 5 |
---|
160 | 160 | | |
---|
161 | 161 | | Statement of Purpose: |
---|
162 | 162 | | To require municipalities to utilize a qualifications-based selection |
---|
163 | 163 | | process in awarding contracts for certain professional engineering |
---|
164 | 164 | | services. |
---|
165 | 165 | | |
---|
166 | 166 | | [Proposed deletions are enclosed in brackets. Proposed additions are indicated by underline, except |
---|
167 | 167 | | that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is not |
---|
168 | 168 | | underlined.] |
---|
169 | 169 | | |
---|