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97-287,  is  repealed   and   the   following   is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repealed and the  following is substituted in lieu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