Connecticut General Statutes/Title 10/Chapter 173/Section 10-287

CGS § 10-287. Installment payments of school building project grants. Construction contracts subject to bid. Construction management services. Withholding of state grant payments; conditions. Submission of final grant application and notice of project completion.

(a) A grant for a school building project under this chapter shall be paid in installments, the number and time of payment of which shall correspond to the number and time of principal installment payments on municipal bonds, including principal payments to retire temporary notes renewed for the third and subsequent years pursuant to section 7-378a or 7-378e, issued for the purpose of financing such costs and shall be equal to the state's share of project costs per principal installment on municipal bonds or notes, except in cases where the project has been fully paid for, in which case the number of installments shall be five or, in the case of a regional agricultural science and technology education center or a cooperative regional special educational facility, shall be one; provided final payment shall not be made prior to an audit conducted by the State Board of Education for each project for which a final calculation was not made prior to July 31, 1983. Grants under twenty-five thousand dollars shall be paid in one lump sum. The Commissioner of Administrative Services shall certify to the State Comptroller, upon completion of the issuance of bonds or such renewal of temporary notes to finance each school building project, the dates and amounts of grant payments to be made pursuant to this chapter and the State Comptroller shall draw an order on the State Treasurer upon such certification to pay the amounts so certified when due. All site acquisition and project cost grant payments shall be made at least ten days prior to the principal payment on bonds or temporary notes related thereto or short-term financing issued to finance such site acquisition or project. Annual grant installments paid pursuant to this section on principal installment payments to retire temporary notes renewed pursuant to section 7-378a or 7-378e shall be based each year on the amount required to be retired pursuant to said sections, as adjusted for any ineligible project costs, and shall be paid only if at the time such temporary notes are renewed the rate of interest applicable to such notes is less than the rate of interest that would be applicable with respect to twenty-year bonds if issued at the time of such renewal. The determination related to such rates of interest pursuant to this subsection may be reviewed and shall be subject to approval by the Commissioner of Administrative Services prior to renewal of such notes. In the event that a school building project is not completed at the time bonds or temporary notes related thereto are issued to finance the project, the certification of the grant payments made pursuant to this section by the Commissioner of Administrative Services may be based on estimates, provided upon completion of such project and notification of final acceptance to the state, the Commissioner of Administrative Services shall adjust and recertify the dates and amounts of subsequent grant payments based on the state's share of final eligible costs.

(b) (1) All orders and contracts for school building construction receiving state assistance under this chapter, except as provided in subdivisions (2) to (4), inclusive, of this subsection, shall be awarded to the lowest responsible qualified bidder only after a public invitation to bid, except for (A) school building projects for which the town or regional school district is using a state contract pursuant to subsection (d) of section 10-292, and (B) change orders, those contracts or orders costing less than ten thousand dollars and those of an emergency nature, as determined by the Commissioner of Administrative Services, in which cases the contractor or vendor may be selected by negotiation, provided no local fiscal regulations, ordinances or charter provisions conflict. Any of the qualified bidders under this subdivision may be a cooperative purchasing contract offered through a regional educational service center or a council of government.

(2) All orders and contracts for architectural services shall be awarded from a pool of at least three of the most responsible qualified proposers after a public selection process. Such process shall, at a minimum, involve requests for qualifications, followed by requests for proposals, including fees, from the proposers meeting the qualifications criteria of the request for qualifications process. Following the qualification process, the awarding authority shall evaluate the proposals to determine at least three of the most responsible qualified proposers using those criteria previously listed in the requests for qualifications and requests for proposals for selecting architectural services specific to the project or school district. Such evaluation criteria shall include due consideration of the proposer's pricing for the project, experience with work of similar size and scope as required for the order or contract, organizational and team structure, including any subcontractors to be utilized by the proposer, for the order or contract, past performance data, including, but not limited to, adherence to project schedules and project budgets and the number of change orders for projects, the approach to the work required for the order or contract and documented contract oversight capabilities, and may include criteria specific to the project. Final selection by the awarding authority is limited to the pool of at least three of the most responsible qualified proposers and shall include consideration of all criteria included within the request for proposals. As used in this subdivision, “most responsible qualified proposer” means the proposer who is qualified by the awarding authority when considering price and the factors necessary for faithful performance of the work based on the criteria and scope of work included in the request for proposals.

(3) (A) All orders and contracts for construction management services shall be awarded from a pool of at least three of the most responsible qualified proposers after a public selection process. Such process shall, at a minimum, involve requests for qualifications, followed by requests for proposals, including fees, from the proposers meeting the qualifications criteria of the request for qualifications process. Following the qualification process, the awarding authority shall evaluate the proposals to determine at least three of the most responsible qualified proposers using those criteria previously listed in the requests for qualifications and requests for proposals for selecting construction management services specific to the project or school district. Such evaluation criteria shall include due consideration of the proposer's pricing for the project, experience with work of similar size and scope as required for the order or contract, organizational and team structure for the order or contract, past performance data, including, but not limited to, adherence to project schedules and project budgets and the number of change orders for projects, the approach to the work required for the order or contract, and documented contract oversight capabilities, and may include criteria specific to the project. Final selection by the awarding authority is limited to the pool of at least three of the most responsible qualified proposers and shall include consideration of all criteria included within the request for proposals. As used in this subdivision, “most responsible qualified proposer” means the proposer who is qualified by the awarding authority when considering price and the factors necessary for faithful performance of the work based on the criteria and scope of work included in the request for proposals.

(B) The construction manager's contract shall include a guaranteed maximum price for the cost of construction. Such guaranteed maximum price shall be determined not later than ninety days after the selection of the trade subcontractor bids. Each construction manager shall invite bids and give notice of opportunities to bid on project elements on the State Contracting Portal. Each bid shall be kept sealed until opened publicly at the time and place set forth in the notice soliciting such bid. The construction manager shall, after consultation and approval by the town or regional school district, award any related contracts for project elements to the responsible qualified contractor submitting the lowest bid in compliance with the bid requirements, provided that (i) the construction manager shall not be eligible to submit a bid for any such project element, and (ii) construction shall not begin prior to the determination of the guaranteed maximum price. On and after July 1, 2024, the construction manager's contract shall include a requirement that the construction manager retain all documents and receipts relating to the school building project for a period of two years following the date of completion of an audit conducted by the Department of Administrative Services pursuant to this section, for such project.

(C) The construction manager shall submit quarterly reports regarding the ineligible project costs for the school building project to date to the town or regional board of education. Upon submission of the notice of project completion pursuant to subsection (d) of this section, and prior to the audit conducted by the commissioner, the construction manager shall submit a final report on the total ineligible costs for such project to the town or regional school district.

(D) The construction manager shall meet quarterly with the town or regional board of education to review any change orders for eligibility as the school building project progresses.

(4) All orders and contracts for any other consultant services, including, but not limited to, consultant services rendered by an owner's representatives, construction administrators, program managers, environmental professionals, planners and financial specialists, shall comply with the public selection process described in subdivision (2) of this subsection. No costs associated with an order or contract for such consultant services shall be eligible for state financial assistance under this chapter unless such order or contract receives prior approval from the Commissioner of Administrative Services in writing or through a written electronic communication.

(c) If the Commissioner of Administrative Services determines that a building project has not met the approved conditions of the original application, the Department of Administrative Services may withhold subsequent state grant payments for said project until appropriate action, as determined by the commissioner, is taken to cause the building project to be in compliance with the approved conditions or may require repayment of all state grant payments for said project when such appropriate action is not undertaken within a reasonable time.

(d) (1) Each town or regional school district shall submit a final grant application to the Department of Administrative Services not later than one year from the date of completion and acceptance of the school building project by the town or regional school district. If a town or regional school district fails to submit a final grant application on or before such one-year date, the commissioner may withhold ten per cent of the state reimbursement for such project.

(2) (A) On and after July 1, 2024, each town or regional school district shall submit a notice of project completion not later than one year from the date of the issuance of a certificate of occupancy for the school building project by the town or regional school district. If a town or regional school district fails to submit such notice of project completion on or before such one-year date, the commissioner shall deem such project completed and conduct an audit of such project in accordance with the provisions of this chapter.

(B) For any school building project authorized by the General Assembly prior to July 1, 2022, the commissioner shall deem as complete any such project in which a certificate of occupancy has been granted, but for which a notice of project completion has not been submitted by the town or regional school district on or before July 1, 2025.

Short History

(November, 1949, 1951, 1953, S. 985d; 1957, P.A. 593, S. 6; 1959, P.A. 321, S. 4; 1963, P.A. 317; February, 1965, P.A. 361, S. 13; 1969, P.A. 751, S. 1; 1971, P.A. 695, S. 1; P.A. 73-215, S. 1, 2; P.A. 76-418, S. 7, 18; P.A. 82-253, S. 1, 4; P.A. 84-460, S. 11, 16; P.A. 88-360, S. 33, 34, 63; June Sp. Sess. P.A. 91-5, S. 38, 49; P.A. 94-245, S. 7, 46; P.A. 95-259, S. 20, 32; P.A. 97-265, S. 79, 98; P.A. 98-249, S. 65, 67; P.A. 03-76, S. 29; P.A. 07-249, S. 25; P.A. 08-152, S. 15; 08-169, S. 17; 08-170, S. 32; P.A. 11-51, S. 90; P.A. 13-247, S. 200; June Sp. Sess. P.A. 17-2, S. 63; July Sp. Sess. P.A. 19-1, S. 6; Sept. Sp. Sess. P.A. 20-8, S. 10; June Sp. Sess. P.A. 21-2, S. 489; P.A. 22-118, S. 374, 376; June Sp. Sess. P.A. 24-1, S. 32.)

Long History

History: 1959 act added provision re regional vocational agriculture center; 1963 act provided grants under $10,000 be paid in lump sum rather than 5 annual installments; 1965 act changed number of installments from 20 to the same number as for municipal bonds issued for project's construction; 1969 act specified that provisions apply to grants “for projects not receiving state financial assistance under section 10-287b;” 1971 act changed applicability of provisions to grants “not eligible for state financial assistance under section 10-287a”; P.A. 73-215 provided exception to requirement for bids for contracts of less than $10,000 and those of an emergency nature; P.A. 76-418 clarified exceptions to provision making installments equal in number to installments on municipal bonds by excepting cases where number of installments on municipal bonds is less than 5 and by including cases involving cooperative regional special education facilities in provision re vocational agriculture centers and changed amount of grants to be paid in lump sum from $10,000 to $25,000; P.A. 82-253 added provisions concerning the number of grant installment payments so that the total would be equal to the number of installment payments on the municipal bonds, as previously provided, however the amendment in this act included in such payments on municipal bonds, payments to retire temporary notes under certain conditions, effective July 1, 1982, and applicable to installment payments made on or after that date to retire temporary notes renewed for the third and subsequent years pursuant to Sec. 7-378a or 7-378e; P.A. 84-460 amended Subsec. (a) re payment of the state's share of project costs per installment on municipal bonds or notes, added provision re final payment conditioned on audit of any project for which a final calculation was not made prior to July 31, 1983, added new Subsec. (c) re withholding of state grant payments and added new Subsec. (d) re submission of a final grant application; P.A. 88-360 in Subsec. (a) deleted designations for Subdivs. (1) and (2) and added that the determination related to such rates of interest “may be reviewed” by the commissioner of education and in Subsec. (b) substituted “commissioner” for “state board” of education; June Sp. Sess. P.A. 91-5 amended Subsec. (a) to remove an exception which provided for five installments in cases where the number of installment payments on municipal bonds is less than 5; P.A. 94-245 amended Subsec. (d) to remove forfeiture provision for failure to submit a final grant application within the required time frame and to substitute provision permitting the commissioner to withhold 10% of the state reimbursement for such project, effective June 2, 1994; P.A. 95-259 amended Subsec. (b) to add the exception for change orders, effective July 6, 1995; P.A. 97-265 amended Subsec. (a) to specify that installments are for principal, to provide for certification to the State Comptroller of the dates and amounts of grant payments, to require payments to be made at least ten days prior to the principal payment on bonds or other financing, to allow for certification to be based on estimates if the project is not completed at the time bonds or temporary notes are issued to finance the project and to require adjustment and recertification based on the state's share of final eligible costs, effective July 1, 1997; P.A. 98-249 amended Subsec. (b) to add provision re use of a state contract, effective June 8, 1998; P.A. 03-76 made a technical change in Subsec. (d), effective June 3, 2003; P.A. 07-249 amended Subsec. (b) to include orders and contracts for architectural or construction management services, effective July 1, 2007; P.A. 08-152 and 08-170 amended Subsec. (a) to change “vocational agriculture” to “agricultural science and technology education”, effective July 1, 2008; P.A. 08-169 amended Subsec. (b) to redesignate existing provisions as Subdiv. (1) and redesignate Subdivs. (1) and (2) therein as Subparas. (A) and (B), to add exception re Subdiv. (2) and delete language re architectural or construction management services from provisions re lowest responsible qualified bidder in Subdiv. (1), and to add Subdiv. (2) re most responsible qualified proposers for architectural and construction management services, effective July 1, 2008; pursuant to P.A. 11-51, “Commissioner of Education” and “Department of Education” were changed editorially by the Revisors to “Commissioner of Construction Services” and “Department of Construction Services”, respectively, effective July 1, 2011; pursuant to P.A. 13-247, “Commissioner of Construction Services” and “Department of Construction Services” were changed editorially by the Revisors to “Commissioner of Administrative Services” and “Department of Administrative Services”, respectively, effective July 1, 2013; June Sp. Sess. P.A. 17-2 amended Subsec. (c) by replacing “commissioner” with “Commissioner of Administrative Services” and replacing “State Board of Education” with “Department of Administrative Services”, effective October 31, 2017; July Sp. Sess. P.A. 19-1 amended Subsec. (b) by deleting references to construction management and adding “, including any subcontractors to be utilized by the proposer,” re evaluation criteria in Subdiv. (2), adding Subdiv. (3) re construction management services, adding Subdiv. (4) re other consultant services, and making technical and conforming changes, effective July 1, 2020; Sept. Sp. Sess. P.A. 20-8 amended Subsec. (b)(3) by adding “on and after July 1, 2021,” to provision re proposer intends to self-perform any project element in Subpara. (A), and making provisions of Subpara. (B) applicable on and after July 1, 2021, effective October 2, 2020; June Sp. Sess. P.A. 21-2 amended Subsec. (b)(3) by replacing “July 1, 2021” with “July 1, 2022”, effective July 1, 2021; P.A. 22-118 amended Subsec. (b) by deleting provisions re public advertisements in newspaper having circulation in town in which construction is to take place throughout, deleting provisions re self-performance in Subdiv. (3)(A) and (B), adding provision re construction manager to invite bids and give notice of opportunities to bid on the State Contracting Portal in Subdiv. (3)(C) and adding clause (i) re construction manager shall not be eligible to submit a bid for such project element and designating existing provision re construction not to begin prior to determination of guaranteed maximum price as clause (ii) in Subdiv. (3)(C) and amended Subsec. (d) by designating existing provisions re submission of final grant application as Subdiv. (1) and amended same by making a technical change and adding Subdiv. (2) re submission of notice of project completion within 3 years of date of issuance of certificate of occupancy, effective July 1, 2022; June Sp. Sess. P.A. 24-1 amended Subsec. (a) by deleting “to meet project costs not eligible for state financial assistance under section 10-287a”, amended Subsec. (b)(1) by adding provision re qualified bidders may be cooperative purchasing contracts offered through regional educational service centers or councils of government, amended Subsec. (b)(2) and (3)(A) by replacing references to the 4 most responsible qualified proposers with references to at least 3 of the most responsible qualified proposers, amended Subsec. (b)(3)(B) by deleting “, except work relating to site preparation and demolition may commence prior to such determination” and adding provision re construction manager contract to include document and receipt retention requirement, further amended Subsec. (b)(3) by adding Subpara. (C) re construction manager to submit quarterly reports and final report regarding ineligible project costs to town or board of education, and adding Subpara. (D) re construction manager to meet quarterly with town or board of education to review any change orders for eligibility, amended Subsec. (b)(4) by adding “in writing or through a written electronic communication”, amended Subsec. (d)(1) and (2)(A) by replacing “within said period of time” with “on or before such one-year date” and further amended Subsec. (d)(1) by replacing “July 1, 2022” with “July 1, 2024”, and made technical and conforming changes throughout, effective July 1, 2024.

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