House Bill No. 5505
House Bill No. 5505
PUBLIC ACT NO. 98-21
AN ACT CONCERNING THE AUTOMATIC TERMINATION OF
BAIL BONDS AND CONTRACTS WITH RESPECT TO COMMUNITY
COURT PROJECTS.
Be it enacted by the Senate and House of
Representatives in General Assembly convened:
Section 1. Section 54-66a of the general
statutes, as amended by section 14 of public act
97-287, is repealed and the following is
substituted in lieu thereof:
Any bail bond posted in any criminal
proceeding in this state shall be automatically
terminated and released whenever the defendant:
(1) Is granted accelerated rehabilitation pursuant
to section 54-56e; (2) is granted admission to the
pretrial alcohol education system pursuant to
section 54-56g; (3) is granted admission to the
pretrial family violence education program
pursuant to section 46b-38c; (4) is granted
admission to the community service labor program
pursuant to section 53a-39c; (5) IS GRANTED
ADMISSION TO THE PRETRIAL DRUG EDUCATION PROGRAM
PURSUANT TO SECTION 7 OF PUBLIC ACT 97-248; [(5)]
(6) has the complaint or information filed against
him dismissed; [(6)] (7) is acquitted; or [(7)]
(8) is sentenced by the court.
Sec. 2. Section 4b-55 of the general statutes,
as amended by section 11 of public act 97-293, is
repealed and the following is substituted in lieu
thereof:
As used in this section, section 4b-1,
subsection (i) of section 4b-23 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 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) "University of Connecticut library
project" means a project to renovate and improve
the Homer Babbidge Library at The University of
Connecticut;
(f) "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) "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) "Project" means any state program
requiring consultant services if (1) the cost of
such services is estimated to exceed twenty-five
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 two hundred fifty 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) "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) "User agency" means the state department
or agency requesting the project.
(k) "COMMUNITY COURT PROJECT" MEANS (1) ANY
PROJECT TO RENOVATE AND IMPROVE A FACILITY
DESIGNATED FOR THE COMMUNITY COURT PILOT PROGRAM
ESTABLISHED PURSUANT TO SECTION 2 OF PUBLIC ACT
97-199, AS AMENDED BY SECTION 62 OF PUBLIC ACT
97-11 OF THE JUNE 18 SPECIAL SESSION, 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. 3. Section 4b-58 of the general statutes,
as amended by section 20 of public act 97-293, 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, [and]
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 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 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
shall, after issuing written findings of fact
documenting the reasons for such inability,
negotiate with those firms which he 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, [or] 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 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 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.
(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.
Sec. 4. Section 4b-91 of the general statutes,
as amended by section 21 of public act 97-293, 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 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, AS AMENDED BY THIS ACT, OR A COMMUNITY
COURT PROJECT, AS DEFINED IN SUBSECTION (k) OF
SECTION 4b-55, AS AMENDED BY THIS ACT, 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 agreement to
execute a contract in accordance with the terms of
his 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 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 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, AS AMENDED BY
THIS ACT, OR A COMMUNITY COURT PROJECT, AS DEFINED
IN SUBSECTION (k) OF SECTION 4b-55, AS AMENDED BY
THIS ACT, or the University of Connecticut library
project, as defined in subsection (e) of said
section, AS AMENDED BY THIS ACT. 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.
Approved April 13, 1998