Substitute House Bill No. 6715

Public Act No. 99-75

An Act Concerning State Building Projects.

Be it enacted by the Senate and House of Representatives in General Assembly convened:

Section 1. Subsection (i) of section 4b-23 of the general statutes is repealed and the following is substituted in lieu thereof:

(i) As used in this subsection, (1) "project" means any state program requiring consultant services if (A) the cost of such services is estimated to exceed [twenty-five] fifty thousand dollars or, in the case of a constituent unit of the state system of higher education, the cost of such services is estimated to exceed three hundred thousand dollars, or (B) (i) the construction costs in connection with such program are estimated to exceed [two hundred fifty] five hundred thousand dollars or, in the case of a constituent unit of the state system of higher education, other than The University of Connecticut, the construction costs in connection with such program are estimated to exceed two million dollars, and (ii) the cost of a consultant services contract for such program exceeds twenty thousand dollars or the cost of an amendment to a consultant services contract makes the total cost of the amendment, all previous amendments to such contract and the contract exceed twenty thousand dollars for the first time; (2) "consultant" means "consultant" as defined in section 4b-55, as amended by this act; and (3) "consultant services" means "consultant services" as defined in section 4b-55, as amended by this act. Any consultant selected by the commissioner, and any contracts entered into by the commissioner with any consultants for employment, on any project under the provisions of this section, shall be subject to the approval of the Properties Review Board prior to their employment by the commissioner. The Properties Review Board shall, within thirty days, approve or disapprove the selection of or contract with any consultant made by the Commissioner of Public Works pursuant to sections 4b-1 and 4b-55 to 4b-59, inclusive. If upon the expiration of the thirty-day period a decision has not been made, the Properties Review Board shall be deemed to have approved such selection or contract.

Sec. 2. Subdivision (3) of section 4b-24 of the general statutes is repealed and the following is substituted in lieu thereof:

(3) Whenever the commissioner has established specific plans and specifications for new construction on state land or new construction for sale to the state: (A) If it appears to the commissioner that the cost of the project shall be less than [two hundred fifty] five hundred thousand dollars, contracts shall be made, where practicable, through a process of sealed bidding as provided in section 4b-91, as amended by this act, relating to projects in excess of [two hundred fifty] five hundred thousand dollars; (B) if it appears to the commissioner that the space needs of the requesting agency are less than five thousand square feet, the commissioner shall, whenever practicable, carry on advertising, in accordance with the provisions of section 4b-34 relating to projects in excess of five thousand square feet, in order to allow an equal opportunity for third parties to do business with the state without regard to political affiliation, political contributions or relationships with persons in state, federal or local governmental positions.

Sec. 3. Subsection (b) of section 4b-30 of the general statutes is repealed and the following is substituted in lieu thereof:

(b) The Commissioner of Public Works shall have the primary responsibility for ensuring that the lessor of the offices, space or other facilities which are covered by each such lease complies with the provisions of the lease. In carrying out such responsibility the commissioner shall inspect such offices, space and other facilities at least once annually. [Not later than September first, annually, the commissioner shall submit to the State Properties Review Board a report summarizing the findings of such inspections.]

Sec. 4. Subsections (a) and (b) of section 4b-51 of the general statutes are repealed and the following is substituted in lieu thereof:

(a) The Commissioner of Public Works shall have charge and supervision of the remodeling, alteration, repair or enlargement of any real asset, except any dam, flood or erosion control system, highway, bridge or any mass transit, marine or aviation transportation facility, a facility of the Connecticut Marketing Authority, an asset of the Department of Agriculture program established pursuant to section 26-237a, or any building under the supervision and control of the Joint Committee on Legislative Management, involving an expenditure in excess of [two hundred fifty] five hundred thousand dollars, and except that each constituent unit of the state system of higher education may have charge and supervision of the remodeling, alteration, repair, construction or enlargement of any real asset involving an expenditure of not more than two million dollars, except that The University of Connecticut shall have charge and supervision of the remodeling, alteration, repair, construction, or enlargement of any project, as defined in subdivision (16) of section 10a-109c, notwithstanding the amount of the expenditure involved. In any decision to remodel, alter, repair or enlarge any real asset, the commissioner shall consider the capability of the real asset to facilitate recycling programs.

(b) No officer, department, institution, board, commission or council of the state government, except the Commissioner of Public Works, the Commissioner of Transportation, the Connecticut Marketing Authority, the Department of Agriculture for purposes of the program established pursuant to section 26-237a, the Joint Committee on Legislative Management, or a constituent unit of the state system of higher education as authorized in subsection (a) of this section, shall, unless otherwise specifically authorized by law, make or contract for the making of any alteration, repair or addition to any real asset involving an expenditure of more than [two hundred fifty] five hundred thousand dollars.

Sec. 5. Subsections (a) to (c), inclusive, of section 4b-52 of the general statutes are repealed and the following is substituted in lieu thereof:

(a) (1) No repairs, alterations or additions involving expense to the state of [two hundred fifty] five hundred thousand dollars or less or, in the case of repairs, alterations or additions to a building rented or occupied by a constituent unit of the state system of higher education, two million dollars or less shall be made to any state building or premises occupied by any state officer, department, institution, board, commission or council of the state government and no contract for any construction, repairs, alteration or addition shall be entered into without the prior approval of the Commissioner of Public Works, except repairs, alterations or additions to a building under the supervision and control of the Joint Committee on Legislative Management and repairs, alterations or additions to a building under the supervision of The University of Connecticut. Repairs, alterations or additions which are made pursuant to such approval of the Commissioner of Public Works shall conform to all guidelines and procedures established by the Department of Public Works for agency administered projects. (2) Notwithstanding the provisions of subdivision (1), repairs, alterations or additions involving expense to the state of one hundred thousand dollars or less may be made to any state building or premises under the supervision of the Office of the Chief Court Administrator or a constituent unit of the state system of higher education, under the terms of section 4b-11, and any contract for any such construction, repairs or alteration may be entered into by the Office of the Chief Court Administrator or a constituent unit of the state system of higher education without the approval of the Commissioner of Public Works.

(b) Except as provided in this section, no repairs, alterations or additions involving an expense to the state of more than [two hundred fifty] five hundred thousand dollars or, in the case of repairs, alterations or additions to a building rented or occupied by a constituent unit of the state system of higher education, more than two million dollars shall be made to any state building or premises occupied by any state officer, department, institution, board, commission or council of the state government, nor shall any contract for any construction, repairs, alteration or addition be entered into, until the Commissioner of Public Works or, in the case of the construction or repairs, alterations or additions to a building under the supervision and control of the Joint Committee on Legislative Management of the General Assembly, said joint committee or, in the case of the construction, repairs, alterations or additions to a building involving expenditures in excess of [two hundred fifty] five hundred thousand dollars but not more than two million dollars under the supervision and control of one of the constituent units of higher education, the constituent unit has invited bids thereon and awarded a contract thereon, in accordance with the provisions of sections 4b-91 to 4b-96, inclusive. The Commissioner of Public Works, with the approval of the authority having the supervision of state employees or the custody of inmates of state institutions, without the necessity of bids, may employ such employees or inmates and purchase or furnish the necessary materials for the construction, erection, alteration, repair or enlargement of any such state building or premises occupied by any state officer, department, institution, board, commission or council of the state government.

(c) Whenever the Commissioner of Public Works declares that an emergency condition exists at any state facility, other than a building under the supervision and control of the Joint Committee on Legislative Management, and that the condition would adversely affect public safety or the proper conduct of essential state government operations, or said joint committee declares that such an emergency exists at a building under its supervision and control, the commissioner or the joint committee may employ such assistance as may be required to restore facilities under their control and management, or the commissioner may so act upon the request of a state agency, to restore facilities under the control and management of such agency, without inviting bids as required in subsection (b) of this section. [Neither the] The commissioner [nor the joint committee] shall take [any] no action requiring the expenditure of more than [two hundred fifty] five hundred thousand dollars to restore any facility under this subsection without the written consent of the Governor. The provisions of this subsection shall not apply if any person is obligated under the terms of an existing contract with the state to render such assistance. The annual report of the commissioner [and of the joint committee] shall include a detailed statement of all expenditures made under this subsection.

Sec. 6. Section 4b-55 of the general statutes is repealed and the following is substituted in lieu thereof:

As used in this section, section 4b-1 and sections 4b-56 to 4b-59, inclusive, unless the context clearly requires otherwise:

(a) "Commissioner" means the Commissioner of Public Works;

(b) "Consultant" means (1) any architect, professional engineer, landscape architect, land surveyor, accountant, interior designer, environmental professional or construction administrator, who is registered or licensed to practice his or her profession in accordance with the applicable provisions of the general statutes, or (2) any planner, construction manager or financial specialist;

(c) "Consultant services" shall include those professional services rendered by architects, professional engineers, landscape architects, land surveyors, accountants, interior designers, environmental professionals, construction administrators, planners, construction managers or financial specialists, as well as incidental services that members of these professions and those in their employ are authorized to perform;

[(d) "Emergency correctional facility project" means any project which is a part of a state program to repair, renovate, enlarge or construct facilities which are or will be operated by the Department of Correction, where (1) there is an immediate need for completion of such facility project to remedy prison and jail overcrowding, (2) the facility project is begun not later than December 31, 1993, and (3) the construction cost in connection with each such facility project is estimated not to exceed twenty million dollars;]

[(e)] (d) "University of Connecticut library project" means a project to renovate and improve the Homer Babbidge Library at The University of Connecticut;

[(f)] (e) "Firm" means any individual, partnership, corporation, joint venture, association or other legal entity (1) authorized by law to practice the profession of architecture, landscape architecture, engineering, land surveying, accounting, interior design, environmental or construction administration, or (2) practicing the profession of planning, construction management or financial specialization;

[(g)] (f) "Priority higher education facility project" means any project which is part of a state program to repair, renovate, enlarge, equip, purchase or construct (1) instructional facilities, (2) academic core facilities, including library, research and laboratory facilities, (3) student residential or related student dining facilities, or (4) utility systems related to such projects, which are or will be operated under the jurisdiction of the board of trustees of any constituent unit of the state system of higher education, except The University of Connecticut provided the project is included in the comprehensive facilities master plan of the constituent unit pursuant to section 10a-4a or in the most recent state facility plan of the Office of Policy and Management pursuant to section 4b-23;

[(h)] (g) "Project" means any state program requiring consultant services if (1) the cost of such services is estimated to exceed fifty thousand dollars or, in the case of a constituent unit of the state system of higher education, the cost of such services is estimated to exceed three hundred thousand dollars, or (2) the construction costs in connection with such program are estimated to exceed [four] five hundred thousand dollars; or, in the case of a constituent unit of the state system of higher education, other than The University of Connecticut, the construction costs in connection with such program are estimated to exceed two million dollars;

[(i)] (h) "Selection panel" or "panel" means the State Construction Services Selection Panel established pursuant to subsection (a) of section 4b-56 or, in the case of a Connecticut Health and Education Facilities Authority project pursuant to section 10a-186a, means the Connecticut Health and Education Facilities Authority Construction Services Panel established pursuant to subsection (c) of section 4b-56;

[(j)] (i) "User agency" means the state department or agency requesting the project;

[(k)] (j) "Community court project" means (1) any project to renovate and improve a facility designated for the community court pilot program established pursuant to section 51-181c, and (2) the renovation and improvement of other state facilities required for the relocation of any state agency resulting from the placement of the community court.

Sec. 7. Subsection (a) of section 4b-58 of the general statutes is repealed and the following is substituted in lieu thereof:

(a) (1) Except in the case of a project, [an emergency correctional facility project,] The University of Connecticut library project, a priority higher education facility project, a project, as defined in subdivision (16) of section 10a-109c, undertaken by The University of Connecticut, and a community court project, the commissioner shall negotiate a contract for consultant services with the firm most qualified, in [his] the commissioner's judgment, at compensation which the commissioner determines is both fair and reasonable to the state. (2) In the case of a project, the commissioner shall negotiate a contract for such services with the most qualified firm from among the list of firms submitted by the panel at compensation which [he] the commissioner determines in writing to be fair and reasonable to the state. If the commissioner is unable to conclude a contract with any of the firms recommended by the panel, [he] the commissioner shall, after issuing written findings of fact documenting the reasons for such inability, negotiate with those firms which [he] the commissioner determines to be most qualified, at fair and reasonable compensation, to render the particular consultant services under consideration. (3) Whenever consultant services are required for [an emergency correctional facility project,] The University of Connecticut library project, a priority higher education facility project or a community court project, the commissioner shall select and interview at least three consultants or firms and shall negotiate a contract for consultant services with the firm most qualified, in [his] the commissioner's judgment, at compensation which the commissioner determines is both fair and reasonable to the state. The commissioner shall notify the State Properties Review Board of his or her action within five business days, for its approval or disapproval in accordance with subsection (i) of section 4b-23, as amended by this act, except that if, within fifteen days of such notice, a decision has not been made, the board shall be deemed to have approved such contract.

Sec. 8. Section 4b-91 of the general statutes is repealed and the following is substituted in lieu thereof:

(a) Every contract for the construction, reconstruction, alteration, remodeling, repair or demolition of any public building for work by the state, which is estimated to cost more than [two hundred fifty] five hundred thousand dollars, except (1) a contract awarded by the Commissioner of Public Works for (A) [an emergency correctional facility project, as defined in subsection (d) of section 4b-55, or] a community court project, as defined in subsection [(k)] (j) of section 4b-55, or (B) The University of Connecticut library project, or (2) a project, as defined in subdivision (16) of section 10a-109c, undertaken and controlled by The University of Connecticut in accordance with section 10a-109n, shall be awarded to the lowest responsible and qualified general bidder on the basis of competitive bids in accordance with the procedures set forth in this chapter, after the Commissioner of Public Works or, in the case of a contract for the construction of or work on a building under the supervision and control of the Joint Committee on Legislative Management of the General Assembly, the joint committee or, in the case of a contract for the construction of or work on a building under the supervision and control of one of the constituent units of the state system of higher education, the constituent unit, has invited such bids by advertisements inserted at least once in one or more newspapers having a circulation in each county in the state. The Commissioner of Public Works, the joint committee or the constituent unit, as the case may be, shall determine the manner of submission and the conditions and requirements of such bids, and the time within which the bids shall be submitted, consistent with the provisions of sections 4b-91 to 4b-96, inclusive. Such award shall be made within sixty days after the opening of such bids. If the general bidder selected as the general contractor fails to perform his or her agreement to execute a contract in accordance with the terms of [his] the general bid and furnish a performance bond and also a labor and materials or payment bond to the amount specified in the general bid form, an award shall be made to the next lowest responsible and qualified general bidder. If the lowest responsible and qualified bidder's price submitted is in excess of funds available to make an award, the Commissioner of Public Works, the Joint Committee on Legislative Management or the constituent unit, as the case may be, is empowered to negotiate with such bidder and award the contract on the basis of the funds available, without change in the contract specifications, plans and other requirements. If the award of a contract on said basis is refused by such bidder, the Commissioner of Public Works, the Joint Committee on Legislative Management or the constituent unit, as the case may be, may, if [he or it deems] it is deemed advisable, negotiate with other contractors who submitted bids in ascending order of bid prices without change in the contract, specifications, plans and other requirements. In the event of negotiation with general bidders as provided herein, the general bidder involved may negotiate with subcontractors on the same basis, provided such general bidder shall negotiate only with subcontractors named on [his] the general bid form.

(b) Notwithstanding the provisions of this chapter regarding competitive bidding procedures, the commissioner may select and interview at least three responsible and qualified general contractors, and may negotiate with any one of such contractors a contract which is both fair and reasonable to the state for [an emergency correctional facility project, as defined in subsection (d) of section 4b-55, or] a community court project, as defined in subsection [(k)] (j) of section 4b-55, or the University of Connecticut library project, as defined in subsection [(e) of said section] (d) of section 4b-55. Any general contractor awarded a contract pursuant to this subsection shall be subject to the same requirements concerning the furnishing of bonds as a contractor awarded a contract pursuant to subsection (a) of this section.

Sec. 9. Section 4b-92 of the general statutes is repealed and the following is substituted in lieu thereof:

As used in this chapter and except as otherwise provided, the words "lowest responsible and qualified bidder" shall mean the bidder whose bid is the lowest of those bidders possessing the skill, ability and integrity necessary to faithful performance of the work based on objective criteria considering past performance and financial responsibility. Essential information in regard to such qualifications shall be submitted with the bid in such form as the awarding authority may require by specification in the bid documents and on the bid form. Every general bid shall be accompanied by a bid bond or a certified check in an amount which shall be ten per cent of the bid, provided no such bid bond or certified check shall be required in relation to any general bid in which the total estimated cost of labor and materials under the contract with respect to which such general bid is submitted is less than [ten] fifty thousand dollars. Failure to execute a contract awarded as specified and bid shall result in the forfeiture of such bid bond or certified check. In considering past performance the awarding authority shall evaluate the skill, ability and integrity of bidders in terms of the bidders' fulfillment of contract obligations and of the bidders' experience or lack of experience with projects of the size of the project for which the bids are submitted.

Sec. 10. Subsection (a) of section 4b-1 of the general statutes is repealed and the following is substituted in lieu thereof:

(a) The Commissioner of Public Works shall (1) be responsible for the administrative functions of construction and planning of all capital improvements undertaken by the state, except (A) highway and bridge construction, the construction and planning of capital improvements related to mass transit, marine and aviation transportation, (B) the Connecticut Marketing Authority, (C) planning and construction of capital improvements to the State Capitol building or the Legislative Office Building and related facilities by the Joint Committee on Legislative Management, (D) any project as defined in subdivision (16) of section 10a-109c, undertaken by The University of Connecticut and (E) construction and planning of capital improvements related to the Judicial Department if such construction and planning do not constitute a project within the meaning of subsection [(h)] (g) of section 4b-55, as amended by this act, including the preparation of preliminary plans, estimates of cost, development of designs, working plans and specifications, award of contracts and supervision and inspection; (2) select consultant firms in accordance with the provisions of sections 4b-56 to 4b-59, inclusive, to assist in the development of plans and specifications when in [his] the commissioner's judgment such assistance is desirable; (3) render technical advice and service to all state agencies in the preparation and correlation of plans for necessary improvement of their physical plants; (4) cooperate with those charged with fiscal programming and budget formulation in the development of a capital program and a capital budget for the state; (5) be responsible for the purchase, lease and acquisition of property and space to house state agencies and, subject to the provisions of section 4b-21, the sale or exchange of any land or interest in land belonging to the state; (6) maintain a complete and current inventory of all state-owned or leased property and premises, including space-utilization data; and (7) supervise the care and control of buildings and grounds owned or leased by the state in Hartford, except the building and grounds of the State Capitol and the Legislative Office Building and parking garage and related structures and facilities and grounds, as provided in section 2-71h, and the Connecticut Marketing Authority and property under the supervision of the Office of the Chief Court Administrator under the terms of section 4b-11. For the purposes of this section, the term "Judicial Department" does not include the courts of probate, the Division of Criminal Justice and the Public Defender Services Commission, except where they share facilities in state-maintained courts. Subject to the provisions of chapter 67, said commissioner may appoint such employees as are necessary for carrying out the duties prescribed to said commissioner by the general statutes.

Sec. 11. Section 4b-55a of the general statutes is repealed and the following is substituted in lieu thereof:

Notwithstanding any provisions of this chapter to the contrary, the Commissioner of Public Works may select and interview at least three responsible and qualified environmental professionals, and may negotiate with any one of such professionals a contract which is both fair and reasonable to the state in order to conduct the evaluations required by section 22a-1b for a priority higher education facility project, as defined in subsection [(g)] (f) of section 4b-55.

Sec. 12. Section 22a-1f of the general statutes is repealed and the following is substituted in lieu thereof:

(a) Evaluations required by section 22a-1b need not be prepared for projects for which environmental statements have previously been prepared pursuant to other state or federal laws or regulations, provided all such statements shall be considered and reviewed as if they were prepared under sections 22a-1a to 22a-1f, inclusive.

(b) Evaluations required by section 22a-1b shall not be required for [an emergency correctional facility project, as defined in subsection (d) of section 4b-55 or] a project, as defined in subdivision (16) of section 10a-109c, which involves the conversion of an existing structure for educational rather than office or commercial use.

(c) A constituent unit of the state system of higher education may provide for the evaluations required pursuant to section 22a-1b for any priority higher education facility project, as defined in subsection (f) of section 4b-55 or for any higher education project involving an expenditure of not more than two million dollars, by (1) reviewing and filing the evaluation for such project with the Office of Policy and Management for its review pursuant to section 22a-1e, or (2) including such project in a cumulative environmental assessment approved by the Office of Policy and Management.

Sec. 13. Section 18-87i of the general statutes is repealed.

Approved May 27, 1999

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