Sec. 4b-58. (Formerly Sec. 4-134d). Contracting for consultant services. (a)(1)
Except in the case of a 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, a community court project, a
correctional facility project, a juvenile detention center project, the Connecticut Juvenile
Training School project, and the downtown Hartford higher education center project,
the commissioner shall negotiate a contract for consultant services with the firm most
qualified, in 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 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, the
commissioner shall, after issuing written findings of fact documenting the reasons for
such inability, negotiate with those firms which 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 The
University of Connecticut library project, a priority higher education facility project, a
community court project, a correctional facility project, a juvenile detention center project, the Connecticut Juvenile Training School project, or the downtown Hartford higher
education center 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 the commissioner's judgment, at compensation which the commissioner
determines is both fair and reasonable to the state, except that if, in the opinion of the
commissioner, the Connecticut Juvenile Training School project needs to be expedited
in order to meet the needs of the Department of Children and Families, the commissioner
may waive such selection requirement. Except for the downtown Hartford higher education center project, the commissioner shall notify the State Properties Review Board of
the commissioner's action within five business days, for its approval or disapproval in
accordance with subsection (i) of section 4b-23, 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. The Connecticut Juvenile Training School project shall be exempt from
the State Properties Review Board approval process.
(b) In determining fair and reasonable compensation to be paid in accordance with
subsection (a), the commissioner shall consider, in the following order of importance,
the professional competence of the consultant, the technical merits of the proposal, the
ability of the firm to perform the required services within the time and budgetary limits
of the contract and the price for which the services are to be rendered.
(P.A. 79-450, S. 5, 8; P.A. 80-334; P.A. 89-353, S. 2, 8; P.A. 91-230, S. 2, 17; May Sp. Sess. P.A. 94-2, S. 4, 203; P.A.
95-230, S. 38, 45; P.A. 96-235, S. 12, 19; P.A. 97-293, S. 20, 26; P.A. 98-21, S. 3; 98-59, S. 2, 3; P.A. 99-26, S. 3, 39; 99-75, S. 7; 99-241, S. 49, 66; P.A. 00-192, S. 16, 102.)
History: P.A. 80-334 rewrote considerations for determining fair and reasonable compensation; Sec. 4-134d transferred
to Sec. 4b-58 in 1989; P.A. 89-353 divided Subsec. (a) into Subdivs., exempted emergency correctional facility project
from Subdiv. (1) and added Subdiv. (3) re procedure for contracting with design professionals or firms for such projects;
P.A. 91-230 in Subsec. (a) added references to a priority higher education facility project and the exception for instances
in which a decision has not been made within fifteen days; May Sp. Sess. P.A. 94-2 exempted the University of Connecticut
library project from Subdiv. (1) and included said project in provisions of Subdiv. (3), effective July 1, 1994; P.A. 95-230
amended Subsec. (a) to add exception for The University of Connecticut, effective June 7, 1995; P.A. 96-235 substituted
"consultant" for "design professional", effective June 6, 1996; P.A. 97-293 made a technical change in Subsec. (a), effective
July 1, 1997; P.A. 98-21 amended Subsec. (a) to exempt a community court project from Subdiv. (1) and to include a
community court project in Subdiv. (3); P.A. 98-59 changed effective date of P.A. 98-21 from October 1, 1998, to April
13, 1998; P.A. 99-26 amended Subsec. (a) to exempt the Connecticut Juvenile Training School project from Subdiv. (1),
to include said project in Subdiv. (3), to add exception in Subdiv. (3) authorizing the commissioner to waive the selection
requirement if said project needs to be expedited, to add provision exempting said project from the State Properties Review
Board approval process and to make technical changes for purposes of gender neutrality, effective May 7, 1999; P.A. 99-75 amended Subsec. (a) by deleting references to "an emergency correctional facility project" and making technical changes;
P.A. 99-241 amended Subsec. (a) to add downtown Hartford higher education center, effective June 28, 1999; P.A. 00-192 amended Subsec. (a)(1) and (3) to include correctional facility project and juvenile detention center project, effective
July 1, 2000.
Sec. 4b-59. (Formerly Sec. 4-134e). Commissioner to adopt regulations. The
commissioner shall adopt regulations in accordance with chapter 54 to carry out the
purposes of sections 4b-56 to 4b-59, inclusive.
(P.A. 79-450, S. 6, 8.)
History: Sec. 4-134e transferred to Sec. 4b-59 in 1989.
Sec. 4b-60. (Formerly Sec. 4-24l). Commission on Capitol Preservation and
Restoration. (a) There shall be a State Commission on Capitol Preservation and Restoration to consist of twelve members to be appointed as follows: Two members shall be
appointed by the Governor, two by the speaker of the House of Representatives, two
by the president pro tempore of the Senate, one by the House minority leader, one
by the Senate minority leader, two members of the Joint Committee on Legislative
Management, one appointed by each of the chairmen of said committee, and one member
of the Connecticut Commission on Culture and Tourism appointed by its chairman. The
Commissioner of Public Works shall be an ex-officio member of the commission and
shall attend its meetings. Vacancies on the commission shall be filled by the original
appointing authority for the unexpired portion of the term. The members shall serve
without compensation for their services but shall be reimbursed for their actual and
necessary expenses incurred in the performance of their duties. The commission shall
meet at least quarterly, and more often on the call of the chairman or on the written
request of a majority of the members. The commission may designate subcommittees
to carry out its functions. Any member who fails to attend three consecutive meetings
or fails to attend fifty per cent of all meetings held during any calendar year shall be
deemed to have resigned.
(b) The commission: (1) Shall undertake a continuing review and study of the State
Capitol building and grounds, with a view to developing a master plan for the preservation and restoration of the Capitol, including necessary structural changes, consistent
with the original historical character of the building, with due regard being given to
enhancing the interior and exterior beauty of the building, making better use of existing
space and reducing public safety hazards; (2) may consult with state, federal or private
agencies with respect thereto, and disseminate information on its activities; and (3) shall
report on its activities to the Joint Committee on Legislative Management annually or
as often as the committee shall direct. The Department of Administrative Services shall
provide professional staff assistance to the commission when available. If such assistance cannot be provided within a reasonable time, the commission may, with the approval of the Joint Committee on Legislative Management, retain technical advisors to
assist in reviewing project plans and work.
(c) The commission is authorized to accept gifts, donations and grants from the
federal government or other public or private sources for the purpose of such preservation and restoration.
(d) The Joint Committee on Legislative Management may undertake capital expenditure programs for which capital funds are authorized, in connection with such preservation and restoration. Such programs shall be carried out by the committee, pursuant
to plans and specifications approved by the commission and in accordance with the
bidding procedures in part II of chapter 60. The commission shall adopt regulations
establishing basic artistic standards in keeping with the original historical character of
the Capitol to assist the committee in the preparation of plans and specifications.
(e) The commission shall be an independent body within the Legislative Department for administrative purposes only.
(P.A. 73-460, S. 1-4; P.A. 77-614, S. 73, 81, 610; P.A. 82-438, S. 1, 6; P.A. 84-512, S. 12, 30; P.A. 87-496, S. 18, 110;
June 30 Sp. Sess. P.A. 03-6, S. 210(e); P.A. 04-20, S. 3; 04-205, S. 5; May Sp. Sess. P.A. 04-2, S. 30.)
History: P.A. 77-614 substituted commissioner of administrative services for public works commissioner, deleted
obsolete language regarding first appointments, deleted provision for electing temporary chairman and vice-chairman and
added Subsec. (e); P.A. 82-438 amended section to provide that the joint committee on legislative management, not the
commission, may undertake capital expenditure programs and that the committee, not the department of administrative
services, shall carry out such programs, including bidding procedures and to transfer commission from department of
administrative services to legislative department for administrative purposes only; P.A. 84-512 authorized reimbursement
of members for expenses, established attendance requirements for members and authorized commission to retain technical
advisors when professional staff assistance is not available from department of administrative services; P.A. 87-496 replaced administrative services commissioner with public works commissioner in Subsec. (a); Sec. 4-24l transferred to Sec.
4b-60 in 1989; June 30 Sp. Sess. P.A. 03-6 and P.A. 04-20 replaced the Connecticut Historical Commission with the
Connecticut Commission on Arts, Tourism, Culture, History and Film, effective August 20, 2003; P.A. 04-205, effective
June 3, 2004, and May Sp. Sess. P.A. 04-2, effective May 12, 2004, both replaced Connecticut Commission on Arts,
Tourism, Culture, History and Film with Connecticut Commission on Culture and Tourism.
See title 2c re termination under "Sunset Law".
See Sec. 4-38f for definition of "administrative purposes only".
Sec. 4b-61. (Formerly Sec. 4-24m). Contracting for design professional services. Whenever a design professional or design professional services are required by
the Joint Committee on Legislative Management in fulfilling its obligations under section 4b-60 in connection with the preservation and restoration of the State Capitol, the
following procedures shall be followed:
(1) The committee shall direct the State Commission on Capitol Preservation and
Restoration to invite responses from design professionals by advertisements inserted at
least once in one or more newspapers having a general circulation in the state. The
responses received shall be considered by the commission which shall select from among
those responding the three professionals, which in its opinion are most qualified to
perform the required design professional services, and submit the names to the committee. If three or fewer responses are received, the commission shall submit the names of
all those responding.
(2) The committee may negotiate a contract with the most qualified design professional on the list, in its judgment, at compensation which it determines is both fair and
reasonable. If the committee is unable to conclude a contract with any of the design
professionals recommended by the commission, it shall issue a finding giving the reasons for such inability and may negotiate with any design professional which it determines to be most qualified to perform the services at fair and reasonable compensation.
In determining fair and reasonable compensation, the committee shall consider, in the
following order of importance, the professional competence of the design professional,
the technical merits of the proposal, the ability of the firm to perform the required services
within the time and budgetary limits of the contract and the price for which the services
are to be rendered.
(3) As used in this section, "design professional" means any architect, professional
engineer, landscape architect, land surveyor or interior designer who is registered to
practice his profession in accordance with the applicable provisions of the general statutes; and "design professional services" means those professional services rendered
by architects, professional engineers, landscape architects, land surveyors or interior
designers, as well as incidental services that members of such professions and those in
their employ are authorized to perform.
(P.A. 82-438, S. 4, 6; P.A. 98-235, S. 8.)
History: Sec. 4-24m transferred to Sec. 4b-61 in 1989; P.A. 98-235 amended Subdiv. (3) to include interior designers
in definition of "design professional" and professional services rendered by interior designers in definition of "design
professional services".
Sec. 4b-62. (Formerly Sec. 4-135). Trusts for erecting and maintaining memorials. The Commissioner of Public Works may accept and execute any trusts, testamentary or otherwise, created or established for the purpose of procuring, erecting and maintaining any memorial on public grounds or within public buildings of the state or any
municipality therein, and the court of probate in which a will creating any such trust
has been proved may appoint said commissioner as trustee to execute such trust without
requiring said commissioner to furnish a probate bond as such trustee; but this section
shall not be construed as empowering said commissioner to erect or maintain any such
memorial upon the grounds or within or upon any public building belonging to the state
without the consent of the General Assembly, nor upon any grounds nor within or upon
any public building belonging to any city or town, without the consent of the common
council of the city or the selectmen of the town, as the case may be. The commissioner
shall not, without special authority from the General Assembly, make, erect or remove
from its location any statue or sculpture upon the property of the state.
(1949 Rev., S. 3534; March, 1950, S. 1902d; 1959, P.A. 152, S. 7; P.A. 77-614, S. 73, 610; P.A. 87-496, S. 40, 110.)
History: 1959 act removed references to county and county commissioners; P.A. 77-614 replaced public works commissioner with commissioner of administrative services; P.A. 87-496 replaced administrative services commissioner with
public works commissioner; Sec. 4-135 transferred to Sec. 4b-62 in 1989.
Annotation to former section 4-135:
Cited. 140 C. 124.
Sec. 4b-63. (Formerly Sec. 4-36b). Demolition of state buildings. Notice to municipalities. (a) Whenever the state plans demolition of a state building or structure,
and the site upon which such building or structure is located is not to be used for a state
project already authorized and funded, the Commissioner of Public Works shall first
notify the chief executive officer of the municipality wherein the building or structure
to be demolished is located, by registered or certified mail, at least sixty days prior to
the public advertisement of the bid for services necessary to accomplish such demolition.
(b) The municipality wherein the building or structure is to be demolished may,
within the period prior to the public advertisement of such bid, submit a bid to said
commissioner for the purchase of such state building or structure, and the commissioner
may accept such bid provided the use which the municipality intends for the building
or structure is compatible with state needs and programs. In the event the municipality
intends to move the building, the costs thereof shall not be paid by the state.
(P.A. 79-95; P.A. 87-496, S. 25, 110.)
History: P.A. 87-496 replaced administrative services commissioner with public works commissioner; Sec. 4-36b
transferred to Sec. 4b-63 in 1989.
Sec. 4b-64. (Formerly Sec. 4-36c). When notice of intent to dispose of, demolish
or transfer certain structures required to be given Connecticut Commission on
Culture and Tourism and affected municipality. Each state department, institution
or agency intending to dispose of, demolish or transfer ownership of any structure more
than fifty years old shall notify the Connecticut Commission on Culture and Tourism
of such intent ninety days before the disposition, demolition or transfer. The department,
institution or agency, not more than one hundred twenty days and not less than thirty
days before such disposition, demolition or transfer, shall publish notice of its intent
three times in a newspaper of general circulation in the municipality in which such
structure is located and shall post a sign stating its intent in a conspicuous place on the
property on which such structure is located not less than thirty days before the disposition, demolition or transfer.
(P.A. 85-203; June 30 Sp. Sess. P.A. 03-6, S. 210(e); P.A. 04-20, S. 3; 04-205, S. 5; May Sp. Sess. P.A. 04-2, S. 30.)
History: Sec. 4-36c transferred to Sec. 4b-64 in 1989; June 30 Sp. Sess. P.A. 03-6 and P.A. 04-20 replaced the Connecticut
Historical Commission with the Connecticut Commission on Arts, Tourism, Culture, History and Film, effective August
20, 2003; P.A. 04-205, effective June 3, 2004, and May Sp. Sess. P.A. 04-2, effective May 12, 2004, both replaced
Connecticut Commission on Arts, Tourism, Culture, History and Film with Connecticut Commission on Culture and
Tourism.
Sec. 4b-65. Buildings adjacent to Capitol. No building shall be erected, rebuilt
or altered, upon any land abutting on Trinity Street between Elm Street and Capitol
Avenue, or upon any land abutting on Capitol Avenue between its intersection with the
east line of Trinity Street and Washington Street, in the city of Hartford, to a height of
more than ninety feet; but nothing herein shall prevent the erection of any tower, spire,
finial, skylight, cornice or other appurtenance upon any such building to a height of
more than ninety feet, provided the design or plan of such tower, spire, finial, skylight,
cornice or other appurtenance shall have been approved in writing by the Commissioner
of Public Works.
(P.A. 88-116, S. 5.)
Sec. 4b-66. (Formerly Sec. 4-24c). Connecticut Capitol Center. Master plan
for development. Exceptions. Review of plan by Connecticut Capitol Center Commission. Reports. (a) There shall continue to be a master plan for the development of
the Connecticut Capitol Center in Hartford within the following-described area to be
known as the Capitol Center District: All of the land within the city of Hartford bounded
by Bushnell Park, Wells Street, Main Street, Buckingham Street, Wadsworth Street to
Cedar Street following the rear property lines of property fronting on Buckingham Street,
Cedar Street, a line extended east from Grand Street, Grand Street, Oak Street, the parcel
at the southwest corner of Russ Street and Oak Street, Russ Street, Broad Street, and
the right-of-way of the New Haven Railroad to Bushnell Park. The Capitol Center District shall, where feasible, be the location of the central offices, and their ancillary facilities, of the three branches of the state government. The district shall also contain those
noncentral offices, and their ancillary facilities, which serve the Hartford area and which
can feasibly fulfill their functions at this location, except that this shall not prohibit the
construction or leasing by the state of courts and courthouses outside of the Capitol
Center District. Nongovernmental uses, including, but not limited to, social, cultural,
residential, and retail uses may be incorporated in the area as ancillary uses.
(b) The master plan shall include, but need not be limited to, the following: Land
use, property acquisition, business and residential relocation, street system alignments
and dimensions, internal circulation systems, parking facilities, utilities and services
systems, landscaping, lighting and amenities, and building space use priorities, including programming, controls and restrictions, provided such master plan shall not provide
for the acquisition of the property known as the Horace Bushnell Memorial without
prior certification by the board of trustees of the Horace Bushnell Memorial Hall Corporation that the acquisition by the state of said property is in conformance with the plans
of the corporation. As an integral part of the master plan, there shall be a capital improvements program, both short range and long range, indicating recommended scheduling
of the various phases of construction and estimated costs therefor in order that the development of the Connecticut Capitol Center may be undertaken in an orderly and logical
way and so that the needs of the central offices of state government can be met in a
timely manner.
(c) Not later than January 1, 2003, and every five years thereafter, the Connecticut
Capitol Center Commission established pursuant to section 4b-66a shall (1) review the
master plan, and (2) submit a report on its findings and proposed changes to the master
plan to the Governor and to the joint standing committees of the General Assembly
having cognizance of matters relating to appropriations, government administration and
finance, revenue and bonding.
(1967, P.A. 589, S. 3-5; 1969, P.A. 286, S. 3; 1971, P.A. 283; P.A. 75-425, S. 13, 57; P.A. 77-614, S. 73, 610; P.A.
83-111, S. 1, 2; P.A. 84-512, S. 3, 30; P.A. 01-172, S. 5.)
History: 1969 act clarified boundaries of Capitol Center District; 1971 act added exemption allowing courts to be
located outside Capitol Center District; P.A. 75-425 required approval of public works commissioner for establishment
of capital improvements program; P.A. 77-614 substituted commissioner of administrative services for public works
commissioner; P.A. 83-111 amended Subsec. (a) to qualify requirement that the central offices be located in The Capitol
Center District, by adding the words "where feasible"; P.A. 84-512 deleted references to Capitol Center commission, and
deleted requirement that master plan accord with principles of State Capitol Government Center Planning Committee
report of 1967; Sec. 4-24c transferred to Sec. 4b-66 in 1989; P.A. 01-172 amended Subsec. (a) to expand nongovernmental
uses to those including, but not limited to, residential uses, and added Subsec. (c) re review of, and report on, the master
plan by the Connecticut Capitol Center Commission.
Sec. 4b-66a. Connecticut Capitol Center Commission. Duties. (a) There is established a Connecticut Capitol Center Commission. The commission shall consist of
(1) the Secretary of the Office of Policy and Management, or the secretary's designee;
(2) the Commissioner of Public Works, or the commissioner's designee; (3) the Commissioner of Economic and Community Development, or the commissioner's designee;
(4) the executive director of the Connecticut Commission on Culture and Tourism, or
the executive director's designee; (5) one member appointed by the speaker of the House
of Representatives; (6) one member appointed by the president pro tempore of the Senate; (7) one member appointed by the majority leader of the House of Representatives;
(8) one member appointed by the majority leader of the Senate; (9) one member appointed by the minority leader of the House of Representatives; (10) one member appointed by the minority leader of the Senate; (11) the chairperson of the Hartford Commission on the City Plan; (12) one member appointed by the mayor of the city of
Hartford; and (13) one member from the South Downtown Neighborhood Revitalization
Committee.
(b) The Secretary of the Office of Policy and Management, or the secretary's designee, shall serve as chairperson of the commission. The chairperson shall schedule the
first meeting of the commission which shall be held no later than sixty days after October
1, 2001.
(c) The commission shall review the master plan for the development of the Connecticut Capitol Center in Hartford and make recommendations in accordance with
section 4b-66.
(P.A. 01-172, S. 4; June 30 Sp. Sess. P.A. 03-6, S. 210(e); P.A. 04-20, S. 3; 04-205, S. 5; May Sp. Sess. P.A. 04-2, S. 30.)
History: June 30 Sp. Sess. P.A. 03-6 and P.A. 04-20 replaced State Commission on the Arts with Connecticut Commission on Arts, Tourism, Culture, History and Film, effective August 20, 2003; P.A. 04-205, effective June 3, 2004, and May
Sp. Sess. P.A. 04-2, effective May 12, 2004, both replaced Connecticut Commission on Arts, Tourism, Culture, History
and Film with Connecticut Commission on Culture and Tourism.
Sec. 4b-67. (Formerly Sec. 4-24d). Consultation with the Joint Committee on
Legislative Management and other state agencies. In undertaking its duties under
section 4b-69, the Department of Public Works shall consult with the Joint Committee
on Legislative Management and with the several state agencies and coordinate its work
with the planning activities of state, city and federal agencies and private and semipublic
organizations involved in or affected by the development of the district. The department
shall provide coordinating services to assist other state, city and federal agencies in
coordinating the implementation of the master plan.
(1967, P.A. 589, S. 6; P.A. 75-425, S. 14, 57; P.A. 77-604, S. 41, 84; 77-614, S. 73, 610; P.A. 84-512, S. 4, 30; P.A.
87-496, S. 10, 110.)
History: P.A. 75-425 added public works commissioner to list of those to be consulted; P.A. 77-604 replaced committee
on rules with legislative management committee; P.A. 77-614 replaced public works commissioner with commissioner
of administrative services; P.A. 84-512 replaced references to Capitol Center commission with references to department
of administrative services; P.A. 87-496 substituted public works department for administrative services department; Sec.
4-24d transferred to Sec. 4b-67 in 1989.
Sec. 4b-68. (Formerly Sec. 4-24e). Amendment of master plan. The master plan
shall serve as the guiding document in the development of the Capitol Center District
and may be amended by the Commissioner of Public Works.
(1967, P.A. 589, S. 7; P.A. 75-425, S. 15, 57; P.A. 77-614, S. 73, 610; P.A. 84-512, S. 5, 30; P.A. 87-496, S. 11, 110.)
History: P.A. 75-425 required approval of public works commissioner for adoption of plan and amendments; P.A. 77-614 replaced public works commissioner with commissioner of administrative services; P.A. 84-512 deleted references
to Capitol Center commission and obsolete provision re adoption of master plan; P.A. 87-496 substituted public works
commissioner for administrative services commissioner; Sec. 4-24e transferred to Sec. 4b-68 in 1989.
Sec. 4b-69. (Formerly Sec. 4-24f). Development of Connecticut Capitol Center
except Legislative Office Building: Approval of preliminary plans. In accordance
with section 4b-1, the Department of Public Works shall have the responsibility of
developing the Connecticut Capitol Center; provided, notwithstanding any other provisions of the general statutes, before detailed planning for any of the site development
or structures within such Capitol Center District, except the planning of the Legislative
Office Building and related facilities by the Joint Committee on Legislative Management, is commenced, preliminary plans for such construction shall have been approved
by the State Properties Review Board.
(1967, P.A. 589, S. 8; P.A. 75-425, S. 16, 57; P.A. 77-614, S. 73, 610; P.A. 84-512, S. 6, 30; P.A. 85-301, S. 6, 13;
P.A. 87-496, S. 12, 110.)
History: P.A. 75-425 required that preliminary plans be approved by public works commissioner and state properties
review board as well as by commission; P.A. 77-614 replaced public works commissioner with commissioner of administrative services; P.A. 84-512 deleted requirement that preliminary construction plans be approved by capitol center commission as well as administrative services commissioner; P.A. 85-301 excluded the planning of the legislative office building
and related facilities from the requirement that preliminary plans be approved by the board; P.A. 87-496 replaced administrative services department with public works department; Sec. 4-24f transferred to Sec. 4b-69 in 1989.
Sec. 4b-70. (Formerly Sec. 4-24g). Commissioner of Public Works to review
construction. The Commissioner of Public Works may, from time to time, review detailed plans, drawings and specifications for the construction of the Capitol Center and
may transmit comments thereon to the Governor.
(1967, P.A. 589, S. 9; P.A. 77-614, S. 73, 610; P.A. 84-512, S. 7, 30; P.A. 87-496, S. 13, 110.)
History: P.A. 77-614 replaced public works commissioner with commissioner of administrative services; P.A. 84-512
replaced reference to the capitol center commission with reference to administrative services commissioner; P.A. 87-496
replaced administrative services commissioner with public works commissioner; Sec. 4-24g transferred to Sec. 4b-70
in 1989.
Sec. 4b-71. (Formerly Sec. 4-24h). Approvals prerequisite to acquisition or
development of property within Capitol Center District. No state agency shall acquire any property or develop any property acquired within the Capitol Center District
without the prior approval of the Commissioner of Public Works and the State Properties
Review Board.
(1967, P.A. 589, S. 10; P.A. 75-425, S. 17, 57; P.A. 77-614, S. 73, 610; P.A. 84-512, S. 8, 30; P.A. 87-496, S. 14, 110.)
History: P.A. 75-425 required approval of public works commissioner and state properties review board as well as of
commission; P.A. 77-614 replaced public works commissioner with commissioner of administrative services; P.A. 84-512 deleted reference to capitol center commission; P.A. 87-496 replaced administrative services commissioner with public
works commissioner; Sec. 4-24h transferred to Sec. 4b-71 in 1989.
Sec. 4b-72. (Formerly Sec. 4-24i). Acquisition of property within district by
Commissioner of Public Works. Subject to the provisions of section 4b-23, the Commissioner of Public Works may acquire by purchase, lease or gift, or by eminent domain
in the manner provided by chapter 835, such land, easements or rights-of-way as shall
be required for the development of the Connecticut Capitol Center in Hartford within
the area described in subsection (a) of section 4b-66.
(1969, P.A. 286, S. 1; P.A. 75-425, S. 18, 57; P.A. 84-512, S. 9, 30; P.A. 87-496, S. 15, 110.)
History: P.A. 75-425 made section subject to Sec. 4-26b; P.A. 84-512 replaced reference to capitol center commission
with reference to administrative services commissioner; P.A. 87-496 replaced administrative services commissioner with
public works commissioner; Sec. 4-24i transferred to Sec. 4b-72 in 1989.
Sec. 4b-73. (Formerly Sec. 4-24j). Relocation of displaced persons. The Commissioner of Public Works may enter into a contract with the city of Hartford for assistance in relocating individuals, families and business concerns not reimbursed for moving
costs in a condemnation proceeding and who are not otherwise reimbursed or entitled
to reimbursement by the federal government or the state, in accordance with the provisions of chapter 135.
(1969, P.A. 286, S. 2; P.A. 73-616, S. 2; P.A. 84-512, S. 10, 30; P.A. 87-496, S. 16, 110.)
History: P.A. 73-616 replaced reference to Sec. 8-219 with reference to chapter 135; P.A. 84-512 replaced references
to capitol center commission with references to administrative services commissioner; P.A. 87-496 replaced administrative
services commissioner with public works commissioner; Sec. 4-24j transferred to Sec. 4b-73 in 1989.
Sec. 4b-74. (Formerly Sec. 4-24k). Approval of building or zoning permits for
property within district. For the purpose of preserving the integrity of the Capitol
Center District as the central location of the three branches of state government, no
building or zoning permit shall be issued by the city of Hartford for any land, building
or structure, within the boundaries of the Capitol Center District for a period of ninety
days from the date of notification by the city of Hartford to the Department of Public
Works of such application for approval of a building or zoning permit without the written
approval of the department, except building and zoning permits for any maintenance,
improvements, rehabilitation or conversion of existing buildings or structures, whether
required or not, not exceeding a gross cost of twenty-five thousand dollars and except
permits issued to the city of Hartford itself. Notification of any such application for a
building or zoning permit shall be made, on a form prepared and furnished by the department, by the director of licenses and inspections of the city to the Commissioner of
Public Works within five days of receipt by the city of such application for a permit. If
the department does not grant such written approval, or does not enter into a contract
for purchase of the subject property, or does not institute condemnation proceedings
leading to its acquisition within the prescribed ninety days, the applicant shall not be
bound by the provisions of subsection (a) of section 4b-66 and sections 4b-72 to 4b-74,
inclusive. Notification of any such action by the department shall be furnished to said
director within five days after such action has been taken by the department and, if the
department fails to take any of such actions within the ninety-day period, the department
shall inform said director in writing of its failure to institute any of such actions within
five days after the expiration of the ninety-day period.
(1969, P.A. 286, S. 4; P.A. 84-512, S. 11, 30; P.A. 87-496, S. 17, 110.)
History: P.A. 84-512 replaced references to capitol center commission with references to administrative services department and made minor changes in wording; P.A. 87-496 substituted "public works" for "administrative services" commissioner and department; Sec. 4-24k transferred to Sec. 4b-74 in 1989.
Sec. 4b-75. Status report on emergency correctional facility projects. Section
4b-75 is repealed, effective October 1, 2002.
(P.A. 89-353, S. 6, 8; S.A. 02-12, S. 1.)
Secs. 4b-76 to 4b-90. Reserved for future use.
PART II
BIDDING AND CONTRACTS
Sec. 4b-91. (Formerly Sec. 4-137a). Bidding for public building contracts. Prequalification requirements. (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 five hundred thousand dollars, except (1) a contract
awarded by the Commissioner of Public Works for (A) a community court project, as
defined in subsection (j) of section 4b-55, (B) the Connecticut Juvenile Training School
project, as defined in subsection (k) of section 4b-55, (C) the downtown Hartford higher
education center project, as defined in subsection (l) of section 4b-55, (D) The University
of Connecticut library project, as defined in subsection (d) of section 4b-55, (E) a correctional facility project, as defined in subsection (m) of section 4b-55, (F) a juvenile detention center project, as defined in subsection (n) of section 4b-55, or (G) a student residential facility for the Connecticut State University system that is a priority higher education
facility project, as defined in subsection (f) of section 4b-55, 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 who is prequalified pursuant to section 4a-100
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 indicate the prequalification classification required for the contract in
such advertisement. As used in this section, "prequalification classification" means the
prequalification classifications established by the Commissioner of Administrative Services pursuant to section 4a-100.
(b) 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 the general contractor's agreement to execute a contract in accordance with the terms of the general contractor's 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. No employee of the Department of Public Works, the joint
committee or a constituent unit with decision-making authority concerning the award
of a contract and no public official, as defined in section 1-79, may communicate with
any bidder prior to the award of the contract if the communication results in the bidder
receiving information about the contract that is not available to other bidders, except
that 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, may 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 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 in this section, the general
bidder involved may negotiate with subcontractors on the same basis, provided such
general bidder shall negotiate only with subcontractors named on such general bidder's
general bid form.
(c) On and after October 1, 2004, no person may bid on a contract, except for a
project described in subdivision (2) of subsection (a) of this section, for the construction,
reconstruction, alteration, remodeling, repair or demolition of any public building for
work by the state or a municipality, which is estimated to cost more than five hundred
thousand dollars and is paid for, in whole or in part, with state funds, unless the person
is prequalified in accordance with section 4a-100.
(d) On and after October 1, 2004, each bid submitted for a contract described in
subsection (c) of this section shall include a copy of a prequalification certificate issued
by the Commissioner of Administrative Services. The bid shall also be accompanied
by an update statement in such form as the Commissioner of Administrative Services
prescribes. The form for such update statement shall provide space for information
regarding all projects completed by the bidder since the date the bidder's prequalification
certificate was issued or renewed, all projects the bidder currently has under contract,
including the percentage of work on such projects not completed, the names and qualifications of the personnel who will have supervisory responsibility for the performance
of the contract, any significant changes in the bidder's financial position or corporate
structure since the date the certificate was issued or renewed, any change in the contractor's qualification status as determined by the provisions of subdivision (6) of subsection
(c) of section 4a-100 and such other relevant information as the Commissioner of Administrative Services prescribes. Any bid submitted without a copy of the prequalification
certificate and an update statement shall be invalid.
(e) Any person who bids on a contract described in subsection (c) of this section
shall certify under penalty of false statement at the conclusion of the bidding process
that the information in the bid is true, that there has been no substantial change in the
bidder's financial position or corporate structure since the bidder's most recent prequalification certificate was issued or renewed, other than those changes noted in the update
statement, and that the bid was made without fraud or collusion with any person.
(f) Any person who receives information from a state employee or public official
that is not available to the general public concerning any construction, reconstruction,
alteration, remodeling, repair or demolition project on a public building prior to the date
that an advertisement for bids on the project is published shall be disqualified from
bidding on the project.
(g) Notwithstanding the provisions of this chapter regarding competitive bidding
procedures, the commissioner may select and interview at least three responsible and
qualified general contractors who are prequalified pursuant to section 4a-100 and submit
the three selected contractors to the construction services award panels process described
in section 4b-100a and any regulation adopted by the commissioner. The commissioner
may negotiate with the successful bidder a contract which is both fair and reasonable
to the state for a community court project, as defined in subsection (j) of section 4b-55,
the downtown Hartford higher education center project, as defined in subsection (l) of
section 4b-55, The University of Connecticut library project, as defined in subsection
(d) of section 4b-55, the Connecticut Juvenile Training School project, as defined in
subsection (k) of section 4b-55, a correctional facility project, as defined in subsection
(m) of section 4b-55, a juvenile detention center project, as defined in subsection (n) of
section 4b-55, or a student residential facility for the Connecticut State University system
that is a priority higher education facility project, as defined in subsection (f) of section
4b-55. The Commissioner of Public Works, prior to entering any such contract or performing any work on such project, shall submit such contract to the State Properties
Review Board for review and approval or disapproval by the board, pursuant to subsection (i) of this section. 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 (b) of this section.
(h) On and after October 1, 2004, any agency that seeks to have a project awarded
without being subject to competitive bidding procedures shall certify to the joint committee of the General Assembly having cognizance of matters relating to government administration and elections that the project is of such an emergency nature that an exception to the competitive bidding procedures of this section is required. Such certification
shall include input from all affected agencies, detail the need for the exception and
include any relevant documentation.
(i) In the event that the General Assembly approves legislation authorizing an exception to the competitive bidding process for a project, the State Properties Review
Board shall complete a review of the contract for such project and approve or disapprove
such contract no later than thirty days after the Commissioner of Public Works submits
such contract to the board. Such review shall be conducted in accordance with the provisions of section 4b-3. In the event that such review does not occur within the thirty-day
period prescribed by this subsection, such contract shall be deemed to be approved.
(P.A. 73-528, S. 1, 12; P.A. 74-246, S. 1, 11; P.A. 75-425, S. 23, 57; P.A. 77-614, S. 73, 610; P.A. 82-438, S. 5, 6; 82-447, S. 1; P.A. 84-48, S. 12, 17; P.A. 87-496, S. 41, 110; 87-529, S. 5; P.A. 88-116, S. 4; P.A. 89-353, S. 3, 8; P.A. 92-228, S. 6, 9; P.A. 93-30, S. 4, 14; May Sp. Sess. P.A. 94-2, S. 5, 203; P.A. 95-230, S. 39, 45; P.A. 96-235, S. 14, 19; P.A.
97-293, S. 21, 26; P.A. 98-21, S. 4; 98-59, S. 2, 3; P.A. 99-26, S. 4, 39; 99-75, S. 8; 99-241, S. 50, 66; P.A. 00-192, S. 17,
102; P.A. 02-140, S. 3; P.A. 03-215, S. 1; P.A. 04-141, S. 1.)
History: P.A. 74-246 required award of bid within sixty days of bid opening rather than previous ninety days and
clarified procedure for negotiation of contract when bids exceed available funds and including provision for negotiations
between bidders and sub-bidders; P.A. 75-425 required bidding on projects estimated to exceed two hundred fifty thousand
dollars rather than five hundred thousand dollars as previously; P.A. 77-614 replaced public works commissioner with
commissioner of administrative services; P.A. 82-438 provided that legislative management committee is responsible for
bidding procedures involving work on the state capitol building; P.A. 82-447 amended section to replace references to
sub-bidders with references to subcontractors; P.A. 84-48 included any construction of or work on any building under the
supervision and control of the joint committee on legislative management as being under the control of said committee
where "state capitol building" was previously mentioned; P.A. 87-496 replaced administrative services commissioner with
public works commissioner; P.A. 87-529 provided that a constituent unit of the state system of higher education is responsible for bidding procedures involving work on a building under the supervision of the constituent unit; P.A. 88-116 added
provision re manner, conditions, requirements and time for bids; Sec. 4-137a transferred to Sec. 4b-91 in 1989; P.A. 89-353 designated existing section as Subsec. (a), exempted emergency correctional facility project from Subsec. (a) and
added Subsec. (b) re procedure for award of contract for emergency correctional facility project to a general contractor;
P.A. 92-228 amended Subsec. (a) by adding Subdivs. (2) and (3), exempting large public building project and construction
management contracts from requirements of Subsec. (a); P.A. 93-30 made a technical change in Subsec. (a), effective July
1, 1993; May Sp. Sess. P.A. 94-2 exempted the University of Connecticut library project from Subsec. (a) and included
said project in provisions of Subsec. (b), effective July 1, 1994; P.A. 95-230 amended Subsec. (a) to add exception for The
University of Connecticut and made technical changes to the lettering and numbering, effective June 7, 1995; P.A. 96-235
amended Subsec. (a)(1) by repealing exemption from competitive bidding requirements for large public building projects
and construction management, as defined in Sec. 4b-98, which was repealed elsewhere in the act, effective June 6, 1996;
P.A. 97-293 made a technical change in Subsec. (a), effective July 1, 1997; P.A. 98-21 amended Subsec. (a) to exempt a
community court project and amended Subsec. (b) to include a community court project; P.A. 98-59 changed effective
date of P.A. 98-21 from October 1, 1998, to April 13, 1998; P.A. 99-26 amended Subsec. (a) to exempt the Connecticut
Juvenile Training School project, amended Subsec. (b) to include said project and made technical changes, effective May
7, 1999; P.A. 99-75 substituted "five hundred thousand dollars" for "two hundred fifty thousand dollars" in Subsec. (a),
deleted references to "an emergency correctional facility project" and made technical changes; P.A. 99-241 added the
downtown Hartford higher education center and made technical changes, effective June 28, 1999; P.A. 00-192 amended
Subsecs. (a) and (b) to include correctional facility project and juvenile detention center project, effective July 1, 2000;
P.A. 02-140 amended Subsecs. (a) and (b) by adding provisions re student residential facilities and made technical changes
in Subsec. (b), effective July 1, 2002; P.A. 03-215 amended Subsec. (a) to reference prequalified contractors and require
that advertisements indicate the prequalification and aggregate work capacity rating, designated part of Subsec. (a) as
Subsec. (b), adding prohibition on communications with a bidder prior to the award of a contract and making technical
changes therein, inserted new Subsec. (c) re prequalification, inserted new Subsec. (d) re update statement, inserted new
Subsec. (e) re certification under penalty of false statement, inserted new Subsec. (f) re receipt of information not available
to the general public and relettered former Subsec. (b) as Subsec. (g), referencing prequalification and selection by the
award panel and requiring certification to legislative management committee re emergency nature of projects therein,
effective October 1, 2004; P.A. 04-141 amended Subsec. (a) to delete reference to Sec. 4b-24(4), i.e. Sec. 9 of P.A. 03-215, eliminate requirement that the Commissioner of Public Works, the joint committee or the constituent unit indicate
the aggregate work capacity rating required for the contract in the advertisement and delete definition of aggregate work
capacity rating, amended Subsec. (b) to prohibit public official, as defined in Sec. 1-79, from communicating with any
bidder prior to the award of the contract if the communication results in the bidder receiving information about the contract
not available to other bidders, made technical changes in Subsec. (d), amended Subsec. (f) to include receipt of information
from a state employee, made technical changes in Subsec. (g) and added requirement that the Commissioner of Public
Works submit contract to the State Properties Review Board for review and approval or disapproval, designated provisions
re agency seeking to have project awarded without being subject to competitive bidding procedures on and after October
1, 2004, as Subsec. (h) and amended said Subsec. to require certification for such project to the government administration
and elections committee rather than the legislative management committee and made technical changes, and added Subsec.
(i) re review of contract for approved project by the State Properties Review Board.
Annotations to former section 4-137a:
Cited. 191 C. 497, 498; Id., 497, 502.
Sec. 4b-92. (Formerly Sec. 4-137b). "Lowest responsible and qualified bidder" defined. Bid bonds, certified checks, when forfeited. As used in this chapter
and except as otherwise provided, the words "lowest responsible and qualified bidder"
shall mean the bidder who is prequalified pursuant to section 4a-100, and 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
information contained in the update statement submitted pursuant to section 4b-91.
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 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 nature and
scope of the project for which the bids are submitted.
(P.A. 73-528, S. 2, 12; P.A. 74-246, S. 2, 11; P.A. 79-490; P.A. 82-358, S. 8, 10; 82-447, S. 2; P.A. 99-75, S. 9; P.A.
03-215, S. 2.)
History: P.A. 74-246 deleted provision that bidder certify labor to be employed can work harmoniously with others,
required objective criteria for judging bidders' qualifications and raised bid bond from five to ten per cent of bid; P.A. 79-490 exempted sub-bidders bidding less than ten thousand dollars in labor and materials costs from bid bond requirement;
P.A. 82-358 provided that bid bond or certified check is not required for general bids with estimated cost of labor and
materials of less than ten thousand dollars and raised estimated cost relative to sub-bids from ten thousand to twenty
thousand dollars; P.A. 82-447 amended section to eliminate all reference to sub-bidding process and to specify factors for
evaluation in considering a contractor's past performance; Sec. 4-137b transferred to Sec. 4b-92 in 1989; P.A. 99-75
substituted "fifty thousand dollars" for "ten thousand dollars"; P.A. 03-215 redefined "lowest responsible and qualified
bidder" and substituted "nature and scope" for "size" re projects, effective October 1, 2004.
Annotation to former section 4-137b:
Cited. 191 C. 497, 502.
Sec. 4b-93. (Formerly Sec. 4-137c). Contract specifications; subtrades, subcontracts. (a) Every contract subject to this chapter shall include plans and specifications
detailing all labor and materials to be furnished thereunder. Such specifications shall
have a separate section for each of the following classes of work if, in the estimate of
the awarding authority, the class of work will exceed twenty-five thousand dollars: (1)
Masonry work; (2) electrical work; (3) mechanical work other than heating, ventilating
and air conditioning work; and (4) heating, ventilating and air conditioning work. Such
specifications shall also have a separate section for each other class of work for which
the awarding authority deems it necessary or convenient.
(b) Each separate section in the specifications provided for by this section shall
specify by number each sheet of plans showing work to be done by the subcontractor
under such section, and shall require the subcontractor to install all materials to be
furnished by him under such section other than materials which, in the opinion of the
awarding authority, it is not customary under current trade practices for such subcontractor to install and the installation of which is expressly required by another section of
the specifications. Each class of work set forth in a separate section of the specifications
pursuant to this section shall be a subtrade designated in the general bid form and shall
be the matter of a subcontract made in accordance with the procedure set forth in this
chapter.
(c) Whenever the awarding authority has designated a separate section for a class
of work, under subsection (a) of this section, the general contractor shall, when applicable, state as part of its application for partial payment that it considers the work required
to be done under any such separate section to be fully completed in accordance with
the terms of the contract. The awarding authority shall thereupon conduct an inspection
of the work in such class, and if it finds that such work has been fully completed in
accordance with the terms of the contract, it shall issue a statement certifying that such
work is accepted as fully completed, and shall pay the general contractor in full for such
work.
(P.A. 73-528, S. 3, 12; P.A. 74-246, S. 3, 11; P.A. 79-345; P.A. 82-447, S. 3; P.A. 85-224; P.A. 89-367, S. 1; P.A. 93-30, S. 5, 14.)
History: P.A. 74-246 deleted architectural woodwork as a specific class of work; P.A. 79-345 divided section into
Subsecs. (a), (b) and (c) and provided that structural steel, glass and glazing and miscellaneous metals be considered
specific classes of work only if the cost of any of them exceeds fifteen thousand dollars; P.A. 82-447 deleted list of specific
classes required to be set out in separate sections of contracts, giving the awarding authority discretionary power to determine
which classes of work require separate sections within the contract; P.A. 85-224 added Subsec. (c) re procedures for general
contractor to receive payment upon completion of subcontractor's work; Sec. 4-137c transferred to Sec. 4b-93 in 1989;
P.A. 89-367 amended Subsec. (a) to require separate section in specifications for any of four classes of work estimated to
exceed twenty-five thousand dollars; P.A. 93-30 made a technical change in Subsec. (b), effective July 1, 1993.
Annotation to former section 4-137c:
Cited. 191 C. 497, 502.
Sec. 4b-94. (Formerly Sec. 4-137d). Rejection of bids. In inviting bids, the
awarding authority shall reserve the right to reject any or all such general bids, if (1)
the awarding authority determines that the general bidder or bidders involved are not
competent to perform the work as specified, based on objective criteria established for
making such determinations, including past performance and financial responsibility,
(2) the low bid price exceeds the amount of money available for the project, (3) the
awarding authority determines that the project shall not go forward or (4) the awarding
authority finds cause to reject such bids. If the awarding authority rejects any or all bids
pursuant to this section, it shall notify each affected bidder, in writing, of the reasons
for such rejection.
(P.A. 73-528, S. 4, 12; P.A. 74-246, S. 4, 11; P.A. 82-447, S. 4; P.A. 87-254.)
History: P.A. 74-246 clarified circumstances under which bids may be rejected; P.A. 82-447 amended section to include
past performance and financial responsibility among objective criteria and to eliminate references to sub-bids; P.A. 87-254 divided section into Subdivs. and added Subdiv. (4), re a finding of cause to reject bids, and the provision re notice to
affected bidders of reasons for rejection; Sec. 4-137d transferred to Sec. 4b-94 in 1989.
Annotation to former section 4-137d:
Cited. 191 C. 497, 502.
Sec. 4b-95. (Formerly Sec. 4-137e). General bid form requirements. Selection
by awarding authority. Subcontractors. (a) The awarding authority shall furnish to
every person applying therefor a form for general bid.
(b) Every general bid submitted for a contract subject to this chapter shall be submitted on a form furnished by the awarding authority. The form provided by the awarding
authority shall provide a place for listing the names and prices of subcontractors for the
four classes of work specified in subsection (a) of section 4b-93, and for each other class
of work included by the awarding authority pursuant to said subsection and state that:
(1) The undersigned agrees that if selected as general contractor, he shall, within five
days, Saturdays, Sundays and legal holidays excluded, after presentation thereof by the
awarding authority, execute a contract in accordance with the terms of the general bid;
(2) the undersigned agrees and warrants that he has made good faith efforts to employ
minority business enterprises as subcontractors and suppliers of materials under such
contract and shall provide the Commission on Human Rights and Opportunities with
such information as is requested by the commission concerning his employment practices and procedures as they relate to the provisions of the general statutes governing
contract requirements; and (3) the undersigned agrees that each of the subcontractors
listed on the bid form will be used for the work indicated at the amount stated, unless
a substitution is permitted by the awarding authority. The awarding authority may require in the bid form that the general contractor agree to perform a stated, minimum
percentage of work with his own forces.
(c) General bids shall be for the complete work as specified and shall include the
names of any subcontractors for the four classes of work specified in subsection (a) of
section 4b-93, and for each other class of work for which the awarding authority has
required a separate section pursuant to said subsection and the dollar amounts of their
subcontracts, and the general contractor shall be selected on the basis of such general
bids. It shall be presumed that the general bidder intends to perform with its own employees all work in such four classes and such other classes, for which no subcontractor is
named. The general bidder's qualifications for performing such work shall be subject
to review under section 4b-92. Every general bid which is conditional or obscure, or
which contains any addition not called for, shall be invalid; and the awarding authority
shall reject every such general bid. The awarding authority shall be authorized to waive
minor irregularities which he considers in the best interest of the state, provided the
reasons for any such waiver are stated in writing by the awarding authority and made
a part of the contract file. No such general bid shall be rejected because of the failure
to submit prices for, or information relating to, any item or items for which no specific
space is provided in the general bid form furnished by the awarding authority, but this
sentence shall not be applicable to any failure to furnish prices or information required
by this section to be furnished in the form provided by the awarding authority. General
bids shall be publicly opened and read by the awarding authority forthwith. The awarding
authority shall not permit substitution of a subcontractor for one named in accordance
with the provisions of this section or substitution of a subcontractor for any designated
subtrade work bid to be performed by the general contractor's own forces, except for
good cause. The term "good cause" includes but is not limited to a subcontractor's or,
where appropriate, a general contractor's: (1) Death or physical disability, if the listed
subcontractor is an individual; (2) dissolution, if a corporation or partnership; (3) bankruptcy; (4) inability to furnish any performance and payment bond shown on the bid
form; (5) inability to obtain, or loss of, a license necessary for the performance of the
particular category of work; (6) failure or inability to comply with a requirement of law
applicable to contractors, subcontractors, or construction, alteration, or repair projects;
(7) failure to perform his agreement to execute a subcontract under section 4b-96.
(d) The general bid price shall be the price set forth in the space provided on the
general bid form. No general bid shall be rejected (1) because of error in setting forth
the name of a subcontractor as long as the subcontractor or subcontractors designated
are clearly identifiable, or (2) because the plans and specifications do not accompany
the bid or are not submitted with the bid. Failure to correctly state a subcontractor's
price shall be cause for rejection of the general bidder's bid.
(e) Any general contractor who violates any provision of this section shall be disqualified from bidding on other contracts that are subject to the provisions of this chapter
for a period not to exceed twenty-four months, commencing from the date on which the
violation is discovered, for each violation. The awarding authority shall periodically
review the general contractor's subcontracts to insure compliance with such provisions,
and shall after each such review prepare a written report setting forth its findings and
conclusions.
(P.A. 73-528, S. 5, 12; P.A. 74-246, S. 5, 11; P.A. 80-202; P.A. 82-447, S. 5; P.A. 84-412, S. 6, 8; 84-434, S. 1, 2; 84-439; P.A. 85-299; P.A. 87-575, S. 1; P.A. 89-367, S. 2.)
History: P.A. 74-246 changed format of Item 2, deleted column for "bonds required-yes/no", placed responsibility for
payment of sub-bidders' bonds on sub-bidders rather than on general contractor and deleted requirement for furnishing
labor which can work harmoniously with others; P.A. 80-202 omitted second option under C. in Subsec. (e) "... may only
be used by the following general bidders ..."; P.A. 82-447 amended section to eliminate references to sub-bids and the
form for sub-bids, to require general bidders to list the names of subcontractors and their prices in general bids, to allow
awarding authority to require general contractors to perform not less than twenty-five per cent of the contract work with
their own forces and to allow a general contractor to use a substitute subcontractor only under specified conditions; P.A.
84-412 added provision F to the form in Subsec. (b) relative to good faith efforts to employ minority business enterprises;
P.A. 84-434 amended Subsec. (c) to prohibit substitution of a subcontractor for subtrade work bid to be performed by
general contractor's own forces and added Subsec. (e) permitting disqualification of general contractor for violation of
section; P.A. 84-439 amended section to permit general contractor to list subcontract work comprising not more than five
per cent of the subcontract total without naming subcontractors; P.A. 85-299 amended Subsec. (e) to mandate disqualification for violations and to specify that disqualification period commences on the date when the violation is discovered; P.A.
87-575, in Subsec. (b) repealed general bid form and, in lieu thereof, set forth provisions which awarding authority required
to include in form and authorized awarding authority to require in form that general contractor agree to perform stated,
minimum percentage of work with own forces, in Subsec. (c) substituted "ten per cent of the total contract price" for "five
per cent of the total amount entered in Item 2 of the bid form", authorized awarding authority to waive minor irregularities,
and made other changes in Subsecs. (c) and (d) consistent with amendments to Subsec. (b); Sec. 4-137e transferred to Sec.
4b-95 in 1989; P.A. 89-367 amended Subsec. (b) to require form to provide place for listing names and prices of subcontractors for certain classes of work, amended Subsec. (c) to require general bids to include names of subcontractors for certain
classes of work, to delete provision allowing general contractor to list subcontract work not in excess of ten per cent of
contract price without naming subcontractor and to add presumption that general bidder intends to perform work in such
classes of work for which no subcontractor named and to make general bidder's qualifications for performing such work
subject to review under Sec. 4b-92 and to substitute, in Subdiv. (4), "any performance and payment bond shown on the
bid form" for "a reasonable performance and payment bond if so requested by the general bidder", and added sentence at
end of Subsec. (d) that failure to correctly state a subcontractor's price shall be cause for rejection of general bidder's bid.
Annotations to former section 4-137e:
Cited. 191 C. 497, 502.
Subsec. (b):
Cited. 191 C. 497, 500.
Subsec. (c):
Cited. 191 C. 497, 498.
Sec. 4b-95a. Listing of general bidder as a subcontractor on bid form. If a
general bidder customarily performs any of the four classes of work specified in subsection (a) of section 4b-93 or any other class of work included by the awarding authority
pursuant to said subsection, the general bidder may list himself as a subcontractor together with his price in the space provided in the bid form. A listed sub-bid so submitted
by the general bidder shall be considered on a par with other listed sub-bids, and no
such sub-bid by a general bidder shall be considered unless the general bidder can show
to the satisfaction of the awarding authority, based on objective criteria established for
such purpose, that he customarily performs such subtrade work and is qualified to do
the character of work required by the applicable section of the specifications.
(P.A. 89-367, S. 4.)
Sec. 4b-96. (Formerly Sec. 4-137g). Subcontract, form. Procedure on failure
of subcontractor to execute subcontract. General bidder's responsibilities. Within
five days after being notified of the award of a general contract by the awarding authority,
or, in the case of an approval of a substitute subcontractor by the awarding authority,
within five days after being notified of such approval, the general bidder shall present
to each listed or substitute subcontractor (1) a subcontract in the form set forth in this
section and (2) a notice of the time limit under this section for executing a subcontract.
If a listed subcontractor fails within five days, Saturdays, Sundays and legal holidays
excluded, after presentation of a subcontract by the general bidder selected as a general
contractor, to perform his agreement to execute a subcontract in the form hereinafter
set forth with such general bidder, contingent upon the execution of the general contract,
the general contractor shall select another subcontractor, with the approval of the awarding authority. When seeking approval for a substitute subcontractor, the general bidder
shall provide the awarding authority with all documents showing (A) the general bidder's proper presentation of a subcontract to the listed subcontractor and (B) communications to or from such subcontractor after such presentation. The awarding authority shall
adjust the contract price to reflect the difference between the amount of the price of the
new subcontractor and the amount of the price of the listed subcontractor if the new
subcontractor's price is lower and may adjust such contract price if the new subcontractor's price is higher. The general bidder shall, with respect to each listed subcontractor
or approved substitute subcontractor, file with the awarding authority a copy of each
executed subcontract within ten days, Saturdays, Sundays and legal holidays excluded,
of presentation of a subcontract to such subcontractor. The subcontract shall be in the
following form:
SUBCONTRACT
THIS AGREEMENT made this .... of 20.., by and between .... a corporation organized
and existing under the laws of .... a partnership consisting of .... an individual doing
business as .... hereinafter called the "Contractor" and .... a corporation organized and
existing under the laws of .... a partnership consisting of .... an individual doing business
as .... hereinafter called the "Subcontractor",
WITNESSETH that the Contractor and the Subcontractor for the considerations hereafter named, agree as follows:
1. The Subcontractor agrees to furnish all labor and materials required for the completion of all work specified in Section No. .... of the specifications for .... (Name of
Subtrade) .... and the plans referred to therein and addenda No. ...., and .... for the (Complete title of project and the project number taken from the title page of the
specifications) .... all as prepared by .... (Name of Architect or Engineer) .... for the sum
of .... ($....) and the Contractor agrees to pay the Subcontractor said sum for said work.
This price includes the following alternates:
Supplemental No. (s) ...., ...., ...., ...., ...., ...., ...., ....
(a) The Subcontractor agrees to be bound to the Contractor by the terms of the
hereinbefore described plans, specifications (including all general conditions stated
therein which apply to his trade) and addenda No. ...., ...., ...., and ...., and ...., and to
assume to the Contractor all the obligations and responsibilities that the Contractor by
those documents assumes to the .... (Awarding Authority) ...., hereinafter called the
"Awarding Authority", except to the extent that provisions contained therein are by
their terms or by law applicable only to the Contractor.
(b) The Contractor agrees to be bound to the Subcontractor by the terms of the
hereinbefore described documents and to assume to the Subcontractor all the obligations
and responsibilities that the Awarding Authority by the terms of the hereinbefore described documents assumes to the Contractor, except to the extent that provisions contained therein are by their terms or by law applicable only to the Awarding Authority.
2. The Contractor agrees to begin, prosecute and complete the entire work specified
by the Awarding Authority in an orderly manner so that the Subcontractor will be able
to begin, prosecute and complete the work described in this subcontract; and, in consideration thereof, upon notice from the Contractor, either oral or in writing, the Subcontractor
agrees to begin, prosecute and complete the work described in this Subcontract in an
orderly manner in accordance with completion schedules prescribed by the general contractor for each subcontract work item, based on consideration to the date or time specified by the Awarding Authority for the completion of the entire work.
3. The Subcontractor agrees to furnish to the Contractor, within a reasonable time
after the execution of this subcontract, evidence of workers' compensation insurance
as required by law and evidence of public liability and property damage insurance of the
type and in limits required to be furnished to the Awarding Authority by the Contractor.
4. The Contractor agrees that no claim for services rendered or materials furnished
by the Contractor to the Subcontractor shall be valid unless written notice thereof is
given by the Contractor to the Subcontractor during the first forty (40) days following
the calendar month in which the claim originated.
5. This agreement is contingent upon the execution of a general contract between
the Contractor and the Awarding Authority for the complete work.
IN WITNESS WHEREOF, the parties hereto have executed this agreement the day
and year first above-written.
SEAL
ATTEST
........ (Name of Subcontractor) ....
By: ....
SEAL
ATTEST
........ (Name of Subcontractor) ....
By: ....
(P.A. 73-528, S. 9, 12; P.A. 74-246, S. 8, 11; P.A. 79-376, S. 2; P.A. 80-483, S. 14, 186; P.A. 82-447, S. 6; P.A. 89-367, S. 3; P.A. 93-30, S. 6, 14.)
History: P.A. 74-246 included general contractor in selection process for sub-bidders upon failure of sub-bidder to meet
any deadline, added provision for completion of subcontracts according to general contractor's completion schedules in
(b)2. and changed from ten to forty days the time period for notifying subcontractor of claims by contractor in (b)4.; P.A.
79-376 changed "workmen's" compensation to "workers'" compensation; P.A. 80-483 made technical changes; P.A. 82-447 amended section to eliminate references to sub-bids and to include requirement of adjustment of contract price in case
of substitution of subcontractor; Sec. 4-137g transferred to Sec. 4b-96 in 1989; P.A. 89-367 added provisions re presentation
by general bidder of subcontract and notice to subcontractors, requiring general bidder to provide documents to awarding
authority when seeking approval for substitute subcontractor and requiring general bidder to file copy of executed subcontract with awarding authority; P.A. 93-30 clarified reference to forty-day period in paragraph 4. of subcontract form,
effective July 1, 1993; (Revisor's note: In 2001 the reference in this section to the date "19.." was changed editorially by
the Revisors to "20.." to reflect the new millennium).
Annotations to former section 4-137g:
Cited. 191 C. 497, 502.
Arbitrator's award contravened the statute and the public policy behind it and was thus rendered in excess of arbitrator's
powers and was unenforceable. 6 CA 438-442.
Sec. 4b-97. (Formerly Sec. 4-126c). Arbitration of public works contracts. Section 4b-97 is repealed.
(P.A. 73-228; P.A. 75-567, S. 58, 80; P.A. 77-614, S. 73, 587, 610; P.A. 78-303, S. 85, 136; P.A. 87-140; 87-496, S.
27, 110; P.A. 90-95, S. 2; P.A. 91-284, S. 3, 4.)
Secs. 4b-98, 4b-98a and 4b-99. Definitions. Large public building projects;
bidding procedures, contracts and payrolls. Construction management services;
invitation of responses and contracts for; regulations. Sections 4b-98, 4b-98a and
4b-99 are repealed, effective June 6, 1996.
(P.A. 92-228, S. 1-3, 9; P.A. 96-235, S. 18, 19.)
Sec. 4b-100. Regulations. (a) The Commissioner of Public Works shall adopt regulations, in accordance with chapter 54, to implement the provisions of sections 4b-91
to 4b-100, inclusive. Such regulations shall include (1) objective criteria for evaluating
the qualifications of bidders, (2) objective criteria for evaluating proposals, and (3) the
procedures for evaluating bids after the prequalification status of the bidder has been
verified.
(b) The Commissioner of Public Works shall adopt regulations, in accordance with
the provisions of chapter 54, establishing a procedure for promptly hearing and ruling
on claims alleging a violation or violations of sections 4b-91 to 4b-100, inclusive. Such
claims may be initiated by the Department of Public Works or any party whose financial
interests may be affected by the decision on such a claim.
(P.A. 89-367, S. 5; P.A. 03-215, S. 7; P.A. 04-141, S. 5.)
History: P.A. 03-215 designated existing provisions as Subsec. (b) and inserted Subsec. (a) re regulations to implement
Secs. 4b-91 to 4b-100, effective October 1, 2004; P.A. 04-141 amended Subsec. (a) to add requirement that regulations
include objective criteria for evaluating projects as new Subdiv. (2) and to redesignate existing Subdiv. (2) as Subdiv. (3).
Sec. 4b-100a. Construction services award panels. Screening, interview and
selection of contractors. Memoranda re selection. Regulations. (a) The Department
of Public Works shall establish construction services award panels which shall each
consist of six members: Three of whom shall be appointed by the Commissioner of
Public Works and shall be current employees of the Department of Public Works; two
of whom shall be appointed by the department head of the user agency; and one of whom
who shall be a neutral party appointed by the commissioner. The members of each award
panel appointed by the Commissioner of Public Works shall serve for terms of one year
from July first. If any vacancy occurs on the panel, the Commissioner of Public Works
or the head or acting head of the user agency, as appropriate, shall appoint a person for
the unexpired term in accordance with the provisions of this subsection.
(b) A panel established pursuant to this section shall not be deemed to be a board
or commission within the meaning of section 4-9a. Such panels shall be the award panels
for any contract for the construction, reconstruction, alteration, remodeling, repair or
demolition of any public building for the state pursuant to sections 4b-91 to 4b-100,
inclusive, and section 4b-24.
(c) For each applicable contract, the commissioner shall designate one panel to
screen all submitted proposals and establish a list of bidders to be interviewed and shall
designate a separate panel consisting of different members to interview bidders on the
list and submit a list of recommended contractors to the commissioner ranked in order
of preference with the most qualified bidder listed first.
(d) The commissioner shall designate one voting member on each panel to serve
as chairperson. The chairperson shall moderate the committee, collect votes and compile
the results.
(e) Each award panel shall prepare a memorandum on the selection process indicating (1) how the evaluation criteria were applied by each panel member to determine the
most qualified firms, (2) the ranking of each bidder by each panel member which shall
be available to the public after execution of the contract with the selected contractor,
and (3) a certification by each panel member that the selection of the most qualified
firm was not the result of collusion, the giving of a gift or the promise of a gift, compensation, fraud or inappropriate influence from any person.
(f) The commissioner shall select a contractor from among the list of firms submitted
by the award panel that interviewed the contractors. After the commissioner has made
a selection, the names of the contractor firms submitted to the commissioner shall be
available to the public upon request. In the event the commissioner does not select the
most qualified bidder listed by the awards panel, the commissioner shall prepare a written explanation of the commissioner's decision. The commissioner shall also prepare
a memorandum on the final phase of the selection process, indicating how the commissioner applied the evaluation criteria to determine the successful bidder. Such memorandum shall include a certification by the commissioner that the commissioner's selection
of the successful bidder was not the result of collusion, the giving of a gift or the promise
of a gift, compensation, fraud or undue pressure from any person and shall be available
to the public after execution of the contract with the selected contractor.
(g) The commissioner shall adopt regulations, in accordance with chapter 54, to
implement the provisions of this section.
(P.A. 03-215, S. 8; P.A. 04-141, S. 6.)
History: P.A. 03-215 effective October 1, 2004; P.A. 04-141 amended Subsec. (c) to require that list of contractors
submitted to the commissioner be ranked in order of preference with the most qualified bidder listed first, amended Subsec.
(e) to add Subdiv. designators, provisions re application of criteria and ranking of bidders by each panel member and
provision re certification of no collusion or gift giving during the selection of the most qualified firm, designated provisions
in Subsec. (e) re selection of contractor by commissioner as new Subsec. (f) and amended said Subsec. by adding provisions
re written explanation of decision and certification by commissioner and replacing "most qualified firm" with "successful
bidder", and redesignated existing Subsec. (f) as Subsec. (g).
Sec. 4b-101. Information re contractors and subcontractors to be provided to
Commissioner of Revenue Services. The commissioner of each state agency authorized to contract for the construction or alteration of buildings under section 4b-1 or
4b-51 shall provide to the Commissioner of Revenue Services a complete list of all
contractors and subcontractors doing work on any such construction or alteration project,
if available, and the contractors' and subcontractors' (1) Connecticut tax registration
numbers and (2) federal Social Security account numbers or federal employer identification numbers or both, if available, before making final payment on the project.
(June 18 Sp. Sess. P.A. 97-11, S. 30, 65.)
History: June 18 Sp. Sess. P.A. 97-11 effective July 1, 1997.
Sec. 4b-101a. Awarding authorities to prepare report on status of certain projects and property management contracts. When. (a) Not later than January 1, 2006,
and annually thereafter, each awarding authority, other than a municipality, shall prepare
a report on the status of (1) any ongoing project for the construction, reconstruction,
alteration, remodeling, repair or demolition of any public building which is estimated
to cost more than five hundred thousand dollars and is paid for, in whole or in part, with
state funds, or (2) any property management contract awarded by the Department of
Public Works which has an annual value of one hundred thousand dollars or more.
Except for a school construction project, the awarding authority shall submit the report
to the Governor and the joint standing committees of the General Assembly having
cognizance of matters relating to government administration and finance, revenue and
bonding. The report shall be submitted in accordance with section 11-4a. The first report
submitted after a contract is awarded shall indicate: (A) When, where and how the
request for bids was advertised; (B) who bid on the projects; (C) the provisions of law
that governed the award of the contract and if there were any deviations from standard
procedure in awarding the contract; (D) the names of the individuals who had decision-making authority in awarding the contract, including, but not limited to, the individuals
who served on any award panel; (E) if an award panel was used, whether the recommendation of the panel was followed and, if applicable, the reason why such recommendation
was not followed; (F) whether the awarding authority has any other contracts with the
contractor who was awarded the contract, and if so, the nature and value of the contract;
and (G) any provisions of law that authorized or funded the project.
(b) The University of Connecticut shall not be required to submit a report pursuant
to this section for any project, as defined in subdivision (16) of section 10a-109c, that
is undertaken and controlled by the university.
(P.A. 03-215, S. 6; P.A. 04-141, S. 4.)
History: P.A. 03-215 effective January 1, 2004; P.A. 04-141 amended Subsec. (a) to extend the date for reports by
awarding authorities from January 1, 2004, to January 1, 2006, to except municipalities from the reporting requirement
and to except school construction projects from the requirement that reports be submitted to the Governor and government
administration and finance committees of the General Assembly.
Sec. 4b-102. Bidding for certain construction contracts for the Connecticut
State University system. (a) With respect to any construction contract that is to be
publicly let other than those projects administered under section 4b-52, the Department
of Public Works, on behalf of the Connecticut State University system, may identify a
list of potentially responsible qualified bidders for the particular contract. The Commissioner of Public Works shall give notice to those on the list of the work required and of
the invitation to prequalify. The invitation to prequalify shall contain such information
as the commissioner deems appropriate and a notice of the due date and address to send
responses. Upon receipt of such responses, the Department of Public Works shall select
each bidder that demonstrated the ability to post surety bonds required by such contract
and the financial, managerial and technical ability and integrity necessary, without conflict of interest, for faithful and efficient performance of the work provided for in the
contract. The commissioner shall evaluate whether a bidder is responsible and qualified.
"Responsible and qualified bidder" shall mean the bidder who possesses the skill, ability
and integrity necessary to faithful performance of the work based on objective criteria
considering past performance and financial responsibility. In considering past performance the commissioner shall evaluate the skill, ability and integrity of bidders in terms
of the bidders' fulfillment of contract obligations and the bidders' experience or lack
of experience with projects of the size of the project for which bids are submitted.
(b) The Commissioner of Public Works shall give notice to bidders prequalified
pursuant to subsection (a) of this section of the time and place where the public letting
shall occur and shall include in the notice such information concerning the required
work as appropriate. Each bid shall be kept sealed until opened publicly at the time and
place as set forth in the notice soliciting such bid. The commissioner shall not award
any construction contract after public letting, except to the responsible qualified bidder,
submitting the lowest bid in compliance with the bid requirements. The commissioner
may waive any minor irregularity in a bid, and may either reject all bids and again
advertise for bids, or, if he deems it advisable, negotiate with other contractors who
submitted bids in ascending order of bid prices without change in the contract, specifications, plans and other requirements.
(c) The invitation to bid on the construction contract awarded by the Commissioner
of Public Works pursuant to this section shall contain such other terms and conditions
and such provisions for penalties, as the commissioner deems appropriate.
(d) The Commissioner of Public Works shall require, for the protection of the state
and the Connecticut State University system, such deposits, bonds and security in connection with the submission of bids, the awarding of construction contracts and the
performance of work as the commissioner determines appropriate and in the public
interest of the state.
(P.A. 97-293, S. 6, 26.)
History: P.A. 97-293 effective July 1, 1997.