PRINTER'S NO. 2783
No. 2116 Session of 1989
INTRODUCED BY BELFANTI, PHILLIPS, F. TAYLOR, JAROLIN, STEIGHNER,
STABACK, BURNS, STUBAN, HASAY, STISH, CORRIGAN, HALUSKA,
McCALL, COLAFELLA, LAUGHLIN, MELIO, BORTNER, TANGRETTI,
EVANS, MAYERNIK, PETRARCA, VEON, TRELLO, McNALLY, LUCYK,
BATTISTO, CESSAR, FOSTER, WASS, GRUPPO, STAIRS, HERMAN,
WILLIAMS, JAMES, TIGUE, BLAUM AND VAN HORNE,
NOVEMBER 15, 1989
REFERRED TO COMMITTEE ON APPROPRIATIONS, NOVEMBER 15, 1989
AN ACT
1 Providing for a capital project for the construction of a new
2 prison; providing for the issuance of bonds; and making an
3 appropriation.
4 The General Assembly of the Commonwealth of Pennsylvania
5 hereby enacts as follows:
6 Section 1. Total authorization.
7 The total authorization for the additional capital project in
8 the category of public improvement projects itemized in section
9 2 and to be acquired or constructed by the Department of General
10 Services, its successors or assigns, and to be financed by the
11 incurring of debt, shall be $86,000,000.
12 Section 2. Itemization of public improvement project.
13 Additional capital project in the category of public
14 improvement projects to be acquired or constructed by the
15 Department of General Services, its successors or assigns, and
16 to be financed by the incurring of debt, is hereby itemized,
1 together with its respective estimated financial cost, as
2 follows:
3 Total
4 Project
5 Project Allocation
6 (1) Department of Corrections 86,000,000
7 (i) State Correctional Institution - South
8 Mountain, Franklin County
9 (A) Design and Construction of a 1,000 Bed
10 Maximum Security Prison at South
11 Mountain 86,000,000
12 (Base Project Allocation - $71,700,000)
13 (Design and Contingencies -
14 $14,300,000)
15 Section 3. Special provisions for construction of South
16 Mountain State Correctional Institution.
17 (a) Notice and advertising.--The Department of General
18 Services shall advertise for requests for proposals in the
19 Pennsylvania Bulletin and two newspapers of general circulation.
20 The notice of the request for proposals shall include a detailed
21 scope of the project which shall include general specifications
22 supplied by the Department of Corrections and reviewed by the
23 Department of General Services.
24 (b) Selection of contractor.--The Department of General
25 Services shall select one contractor to both design and
26 construct the maximum security institution at South Mountain.
27 The selection procedures of section 2401.1 of the act of April
28 9, 1929 (P.L.177, No.175), known as The Administrative Code of
29 1929, shall not apply to the selection of the contractor. The
30 Selections Committee established pursuant to section 2401.1 of
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1 that act shall evaluate proposals and prepare a short list of
2 eligible contractors based on criteria provided by the
3 Department of General Services. The Selections Committee shall
4 not set the fee for the design of the institution. The selection
5 of the contractor by the department shall be made from the list
6 of eligible contractors provided by the Selections Committee.
7 (c) Award of contract.--The Department of General Services
8 shall award the contract for the design and construction of the
9 institution based on the proposals submitted. The proposals
10 shall include cost as one of the items. Although cost may be
11 considered as a factor, it may not be the determinative factor.
12 The award shall be made to a responsible contractor and shall be
13 based on the best interest of the Commonwealth.
14 (d) Prevailing wages determination.--The Department of Labor
15 and Industry shall provide an expeditious determination of the
16 prevailing wages that should apply to the project construction.
17 (e) Inspection of project.--The Department of General
18 Services or its duly authorized agent, in consultation with the
19 Department of Corrections, shall inspect the project in
20 accordance with the provisions of section 2408 of The
21 Administrative Code of 1929 to determine if construction meets
22 the specifications of the project.
23 (f) Exemptions.--This project is exempt from the provisions
24 of, and regulations implementing, the following acts or parts of
25 acts:
26 (1) The first paragraph of the act of May 1, 1913
27 (P.L.155, No.104), entitled "An act regulating the letting of
28 certain contracts for the erection, construction, and
29 alteration of public buildings."
30 (2) Sections 508 and 2401.1 of the act of April 9, 1929
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1 (P.L.177, No.175), known as The Administrative Code of 1929.
2 (3) The act of July 19, 1935 (P.L.1321, No.414),
3 entitled "An act requiring specifications for the
4 construction, alteration, or repair of public works of the
5 Commonwealth, county, municipality, or other subdivisions of
6 the Commonwealth, to contain a provision that the laborers or
7 mechanics employed thereon shall have been residents of this
8 Commonwealth for at least ninety days prior to their
9 employment; and prescribing penalties."
10 (4) The act of November 26, 1978 (P.L.1309, No.317),
11 referred to as the Public Works Contract Regulation Law.
12 (g) Waiver.--The Secretary of General Services may waive or
13 modify technical requirements which, in his opinion, would
14 unreasonably delay the project.
15 (h) Oversight.--The Secretary of the Budget shall exercise
16 construction audit oversight responsibility during the selection
17 of the contractor, and during the design and construction of the
18 institution. The secretary may retain such consultants and staff
19 as may be necessary to carry out this oversight responsibility
20 including the use of the current construction audit unit in the
21 Office of the Budget.
22 Section 4. Debt authorization.
23 The Governor, Auditor General and State Treasurer are hereby
24 authorized and directed to borrow, from time to time, in
25 addition to any authorization heretofore or hereafter enacted,
26 on the credit of the Commonwealth, subject to the limitations
27 provided in the current Capital Budget, money not exceeding in
28 the aggregate the sum of $86,000,000 as may be necessary to
29 carry out the acquisition and construction of the public
30 improvement projects specifically itemized in a capital budget.
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1 Section 5. Issue of bonds.
2 The indebtedness authorized in this act shall be incurred,
3 from time to time, and shall be evidenced by one or more series
4 of general obligation bonds of the Commonwealth in such
5 aggregate principal amount for each series as the Governor,
6 Auditor General and State Treasurer shall determine, but the
7 latest stated maturity date shall not exceed the estimated
8 useful life of the project being financed as stated in section
9 6.
10 Section 6. Estimated useful life and term of debt.
11 (a) Estimated useful life.--The General Assembly states that
12 the estimated useful life of the public improvement projects
13 itemized in this act is 30 years.
14 (b) Term of debt.--The maximum term of the debt authorized
15 to be incurred under this act is 30 years.
16 Section 7. Appropriation.
17 The net proceeds of the sale of the obligations authorized in
18 this act are hereby appropriated from the Capital Facilities
19 Fund to the Department of General Services in the maximum amount
20 of $86,000,000 to be used by it exclusively to defray the
21 financial cost of the public improvement projects specifically
22 itemized in a capital budget. After reserving or paying the
23 expenses of the sale of the obligation, the State Treasurer
24 shall pay to the Department of General Services the moneys as
25 required and certified by it to be legally due and payable.
26 Section 8. Federal funds.
27 In addition to those funds appropriated in section 7, all
28 moneys received from the Federal Government for the project
29 specifically itemized in this act are also hereby appropriated
30 for those projects.
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1 Section 9. Effective date.
2 This act shall take effect immediately.
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