[Adopted 4-26-2022 by Ord. No. 2123-02]
A.
This Commission shall be responsible for the execution of major construction
and maintenance projects for the Town, including but not limited to
responsibilities related to school buildings whether or not described
in C.G.S. § 10-291. The Commission shall have the powers
and duties set forth herein and shall be vested with such general
powers as inure in a building commission and shall have and exercise
responsibility for the construction or alteration of all municipal
properties or structures for which it has been charged.
(1)
To work with the architectural firm(s) on project design issues,
including structural, building systems, landscaping, and interior
design.
(2)
To authorize and oversee the preparation of architectural drawings,
development of building construction or renovation specifications,
completion of professional services, and administration of the building
project(s).
(3)
To approve design and construction expenditures pursuant to project
construction and change orders.
(4)
To recommend to the Town Council, for its approval, contracts with
architects, engineers, electronic consultants, building contractors,
and others in the name of and on behalf of the Town of Newington with
respect to the design and construction of the project(s), said contracts
to be executed by the Town Manager.
(5)
To exercise such other powers as are necessary with respect to the
construction of a municipal or school building project(s).
(6)
To provide interim status reports by the Commission to the Town Council
on a quarterly basis or more frequently upon request. Upon completion
of the project, the Commission shall make a complete report and accounting
to the Town Council and the Town and recommend acceptance of the building
project.
B.
Any prior project, which has already been approved at a referendum,
prior to the formation of this Permanent Municipal Building Commission,
will remain in effect for the duration of that project, and will not
be subject to this article.
The following definitions shall apply:
Any construction or alteration of a Town facility, including but not limited to school district properties and structures, in accordance with the costs as outlined in the Newington Town Charter, §§ C-408.
Including excavation, filling and grading of the building
or project site.
A signed agreement between the Town of Newington and the
general contractor and/or architect/engineer/consultant, including
any modifications issued after execution of the agreement.
Including, but not limited to, construction, contingency,
architect and/or engineering fees, clerk of the works, consultant
services, furnishings, landscaping, paving, insurance, legal notices,
inflation, and any other related costs.
Includes selection of architects and consultants as needed
in compliance with applicable provisions.
A member (nonvoting) who holds their position by virtue of
their office and their official capacity.
Defined as conditions that are not known until after an operation
has begun and that require unanticipated parts, equipment, or materials
or services to complete the project.
Shall not include routine maintenance and upkeep of a building
or other structure, or its service equipment, which is performed on
a regular basis and shall include projects that are capital in nature,
that is, having a useful life of seven or more years and an estimated
cost of more than $25,000, or such other amount as may be established
from time to time by the Town Manager, subject to approval by the
Town Council, in writing addressed to the Commission.
Refers to public buildings that are not under the jurisdiction
of the School Department.
The Commission's proposed budget as presented to the
Town Council for review, prior to the Town Council's authorization
for the Town Manager to execute the contracts and commence the project.
The Town of Newington department, appointed or elected board
or commission sponsoring or requesting a construction or major maintenance
project. The proposing body is responsible for:
Determination of the program for the proposed project, including
the function and needs which it is designed to fulfill, expanded services,
auxiliary public use if any, additional personnel required to maintain
the facility, annual maintenance costs, expected hours of the facility's
availability, and overall effect on the Town.
Performance of feasibility studies and determination of the
estimated size and cost requirements of the project.
Determination of the estimated requirements for equipment and
furnishings.
Approval of transitional building plans, including health and
safety protocols for maintaining the underlying service associated
with the facility while construction takes place.
Approval of any design change or budget reprioritization having
a material impact, as determined by the proposing body, on the programmatic
design, transitional building plans, or outcome of the project.
Includes boilers, elevators, generators, HVAC systems, septic
systems, fire alarms, overhead doors, automatic handicapped access
doors, major electrical service, including wiring and fixtures, major
plumbing service, including piping and sanitation fixtures, building
skin (roofs, gutters, masonry, windows, exterior paint, etc.). It
shall not include information system technology (computers and computer
systems).
A written narrative provided by the proposing body, presenting
the public interest reasons for undertaking a building project, an
explanation of the function and purpose(s) of the proposed facility
and recommendations, if any, on its size, scope, location and special
features.
A.
The Commission shall consist of five voting members, three of which
shall be qualified because of their experience in the fields of architecture,
landscape architecture, building construction, contract review or
building trades; two of which one shall be recommended by each major
party, subject to the approval of the Town Council, with similar qualifications
as shown above; all of whom shall be electors of the Town of Newington,
and shall serve without compensation.
B.
There shall be three members reviewed and recommended by the Town
Manager, and presented to the Town Council for appointment. One shall
be for a three-year term; one shall be for a two-year term; and one
shall be for a one-year term. One from each major party shall be appointed
for one year. After the expiration of each initial term, each member
shall be appointed for a term of three years. All terms shall begin
on December 1 and expire on November 30, unless appointed to fill
the remainder of a vacancy term.
C.
Any vacancy in the Commission shall be filled by the relevant appointing
authority, and the member appointed shall serve for the unexpired
term of his predecessor. If any member shall cease to be a resident
of the Town, they shall cease to be a member of the Commission.
D.
No member appointed by the Town Council, or by either party, shall
serve on any other elected or appointed board, commission or position
within the Town of Newington, with the exception of the Lucy Robbins
Welles Library representation, which may be members of the Board of
Trustees if the project involves the Library or surrounding properties
under the ownership and control of the Board of Trustees.
E.
The Lucy Robbins Welles Library and surrounding property, under the
ownership and control of the Board of Trustees, shall have appointed
for any project affecting the Library grounds or structure two voting
members appointed to the Commission, by the Town Council.
A.
The Mayor and the Town Manager, or their designee, shall both be
ex officio members of the Commission, but without the power to vote.
B.
The Chairperson of the Board of Education and the Superintendent
of Schools, or their designee, shall serve as ex officio members of
the Commission for any project involving school grounds or structures,
but without the power to vote.
C.
The Fire Chief and the Chairperson of the Board of Fire Commissioners
shall serve as ex officio members (nonvoting) on any project having
responsibility for the construction or alteration of Fire Department
buildings, but without the power to vote.
D.
The Building Official, Facilities Director, Fire Marshal, Town Engineer
and Chief Information Officer, shall be nonvoting advisory members
to the Commission, as determined by the Town Manager.
E.
The requesting department/organization shall have the ability to
recommend advisory ex officio, (nonvoting), who approved and appointed
by the Town Council, shall serve until the completion of the project.
Appointment of an ex officio department member would be specifically
for department/organization projects only.
A.
The Commission shall elect a Chairperson, Vice Chairperson and Secretary
from its membership and shall keep a public record of its activities.
All public meetings shall be recorded in accordance with the Information
and Guidelines for Boards, Committees and Commissions, adopted July
23, 2019, as may be amended.
B.
Reasonable and necessary expenses of the Commission shall be included in the cost of any project, including a Commission Clerk, as authorized in the Town Charter, § C-610 and Article IX, Personnel. All meetings and records of the Commission shall follow applicable state statutes, regulations and guidelines.
Each Commission member, as approved by the Town Manager, may
be reimbursed for necessary expenses incurred in the course of their
duties for the Commission.
A building project shall be undertaken in accordance with the
following procedures:
A.
Project initiation. Any proposing body which considers that the needs
of the Town require the construction or alteration of a municipal
facility shall initiate consideration of such need only by presenting
a statement of needs to the Council. If the Council determines that
a valid need for such construction or alteration exists, it shall,
by majority vote, notify the Permanent Building Commission in accordance
with the provisions hereof.
B.
Preliminary steps. The Commission shall, in consultation with the
proposing body, review the statement of needs and the proposed project
location. It shall thereafter submit an estimate of the cost of project
planning to the Council along with a preliminary estimate of the cost
of the entire project.
C.
Selection of architectural or engineering firm. If the Town Council
determines that the proposed building project is financially feasible,
it shall authorize the Commission to recommend the selection of a
firm of architects and/or engineers, as may be appropriate, to prepare
plans for the building project. Such recommendation shall be made
from among firms which respond to a request for proposals. Notice
of such request for proposals shall be published at least once in
each of two newspapers having circulation within the Town of Newington.
The Commission shall review the proposals and shall interview prospective
candidates. It shall refer to the Town Council, for approval, the
name of the architectural and/or engineering firm for selection. The
Town Council shall select such firm or shall ask for further recommendations
from said Commission. It shall authorize the Town Manager to employ
the firm so named and shall appropriate sufficient funds for the preparation
of preliminary plans. If the Council disapproves of the recommendation,
the Commission shall make another recommendation and refer it to the
Town Council for its action. If the Commission is unable to report
to the Town Council the name of another architectural and/or engineering
firm within 15 days following the Town Council's disapproval
or the Town Council disapproves of said Commission's recommendation
for a second time, the Town Council shall select the architectural
and/or engineering firm and authorize the Town Manager to employ it.
D.
Proposed location. The location for the proposed building project shall be referred by the Town Council to the Town Plan and Zoning Commission for its review consistent with C.G.S. § 8-24.
E.
Preparation of preliminary plans. The Commission shall work with
the architects and/or engineers on the preparation of preliminary
plans. In so doing, it shall consult with the proposing body. There
shall be such joint meetings of the Town Council, the Commission,
and the proposing body as may be deemed necessary. Upon completion,
the Commission shall submit the preliminary plans and cost estimates
for the project to the proposing body for its recommendation. After
action by the proposing body, the preliminary plans and cost estimates
shall be submitted by the Commission to the Town Council for its action.
F.
Revision of preliminary plans. If, in the judgment of the Town Council,
the resources of the Town are inadequate to finance the estimated
cost of the building project, the Town Council shall so notify the
Commission and the proposing body and shall advise them of how much
the cost shall be adjusted. The Commission shall thereupon work with
the architectural or engineering firm to determine how the cost of
the building project may be revised to a level acceptable to the Town
Council. If the function or size of the facility as specified in the
statement of needs must be modified, the Commission shall confer with
the proposed body to determine where adjustments may best be made.
G.
Appropriation. Should the Town Council approve the preliminary plans, it may appropriate the funds necessary for undertaking the project consistent with Article VIII of the Town Charter, provided that the Town Council shall have the option of proceeding to have final plans developed consistent with Subsection H hereto prior to acting on such appropriation.
H.
Preparation and approval of final plans. When the Town Council so
directs, the Commission shall, with the help of the retained architect
or engineer, prepare final plans, cost estimates, a project budget
and specifications for presentation to the Town Council. In so doing,
it shall confer with the proposing body and, upon completion, shall
submit same to the proposing body for comment and recommendation.
Thereafter, the Commission shall submit such final plans, cost estimates,
project budget and specifications to the Town Council for its approval
and for authorization to proceed with the construction of the building
project.
I.
Competitive bids. Following the Town Council's authorization to proceed with construction of the project, the Commission shall secure competitive bids for construction or alteration through the purchasing agent in conformance with §§ C-814 and C-815 of the Town Charter. The Commission shall present to the Town Council, for review, a final project budget once bids are received. Upon acceptance of a bid, the Town Council shall authorize the Town Manager to execute appropriate contracts to accomplish such construction.
J.
Construction procedure. The Town Manager, or his/her designee, shall
serve as the Commission's agent in supervising the construction
or alteration of the building project, meeting with the architect
or engineer, contractor and Commission on a regular basis. The Commission
shall be authorized to approve change orders and disbursements within
the project budget or as approved by the Town Council. The Town Manager
shall be authorized to approve contract payments, upon certification
by the architect and/or engineer that, based on on-site observation,
the work and charges are in accordance with contract documents.
K.
Project management coordination or supervision. If the Commission
determines that consultant services for project management or coordination
are needed, and the approved budget allows for such service, it shall,
after soliciting competitive proposals and interviewing qualified
candidates, recommend a candidate to the Town Council for its action.
If the Town Council fails to approve of the recommendation, the Commission
shall make another recommendation and refer it to the Town Council
for its action. If the Commission is unable to report to the Council
the name of another candidate within 30 days following the Town Council's
disapproval, or if the Town Council disapproves of said Commission's
recommendation for a second time, the Town Council may make its own
selection or determine the selection is unnecessary. Employment of
the person, firm or corporation so selected shall be by contract approved
by the Town Council and executed by the Town Manager. If consultant
services for project management or coordination are deemed unnecessary,
the Town Council may authorize the Town Manager to appoint an owners
representative or consultant, in conformance with the Town Charter,
to furnish project supervision and oversee the day-to-day operation
of the construction, provided that the approved project budget allows
for such a position. The owners representative or consultant shall
attend all meetings of the Commission, including job meetings, meetings
of the full Commission and joint meetings between the Commission and
the Town Council or proposing body. Commission members who wish to
may attend job meetings. The Clerk of the Works shall maintain a daily
log of all events at the job site. Any minutes of job meetings shall
be distributed, and copies of the bid specifications and construction
contract shall be made available to Commission members.
L.
Modifications or changes during construction.
(1)
The Commission shall be authorized and responsible to administer
the project within the financial constraints of the project budget.
If an emergency or extraordinary situation arises which precludes
the Commission from obtaining Town Council approval and requires a
modification or change in the contract which does not affect the financial
constraints of the project budget, the Town Manager may certify that
an emergency or extraordinary situation exists. Emergencies are situations
in which the project would be seriously hampered or in which public
peace, health and safety are seriously threatened. Prompt written
notification of such situations should be brought to the proposing
body and the Town Council's attention.
(2)
If the Commission determines that additional funding is needed above
that requested in the project budget, it must refer the request to
the proposing body for comment and to the Town Council for review
and approval. Major changes which will affect the function or size
of a Town facility or building project that arise during construction
shall be referred for comment to the proposing body and to the Town
Council for review and approval. When a request for additional funding
is made to the Town Council, an accounting of the financial receipts,
commitments and expenditures to date shall accompany the request.
Any change order requiring an increase in cost above the original
construction contract shall be subject to the approval of the Director
of Finance as to the availability of funds.
M.
Final acceptance. After construction and/or alteration of the building
project has been completed to the satisfaction of the Commission,
as-built plans for the project have been received from the architect
and/or engineer, and the proposing body has been asked for its comments,
the Commission shall refer the facility to the Town Council for acceptance
with a report on the status of the facility and the comments of the
proposing body together with any applicable warranties, guarantees,
service manuals, surety bonds, original drawings, as-built drawings,
owners representative or consultant work log, etc., and operator training.
When a project has been fully and satisfactorily completed and a final
report has been received from the Commission's Chairperson and
the project has been accepted by the Commission, the proposing body
and the Town Council, and the Commission has been dismissed, after
all outstanding bills have been paid and the Town's independent
annual audit has been completed, all unexpended balances in the building
project's funds shall revert to the Town's general fund.
