Senate Bill No. 592
Senate Bill No. 592
PUBLIC ACT NO. 98-235
AN ACT CONCERNING DEPARTMENT OF PUBLIC WORKS
PROJECTS, INTERIOR DESIGNERS AND STATE PROPERTIES
REVIEW BOARD COMPENSATION.
Be it enacted by the Senate and House of
Representatives in General Assembly convened:
Section 1. Subsection (b) of section 3 of
public act 91-6 of the June special session, as
amended by section 59 of special act 95-20, is
amended to read as follows:
(b) The proceeds of the sale of said bonds, to
the extent of the amount stated in subsection (a)
of this section, shall be used by the Office of
Policy and Management for the purpose of providing
funds for the state's share of the program, for
the fiscal year ending June 30, [1998] 2000.
Sec. 2. Subsection (b) of section 30 of public
act 92-7 of the May special session, as amended by
section 73 of special act 95-20, is amended to
read as follows:
(b) The proceeds of the sale of said bonds, to
the extent of the amount stated in subsection (a)
of this section, shall be used by the Secretary of
the Office of Policy and Management for the
purpose of providing funds for the state's share
of the program, for the fiscal year ending June
30, [1998] 2000, established pursuant to section 1
of public act 91-6 of the June special session.
Sec. 3. Section 4b-24 of the general statutes
is repealed and the following is substituted in
lieu thereof:
In acting as the determining authority in
fulfilling the needs of the various departments
and agencies of state government, except the
legislative department, and choosing the method of
acquisition which shall be pursued in the open
competitive market, the commissioner shall:
(1) (A) Compile and maintain comprehensive and
complete inventories of all the improved and
unimproved real estate available to the state by
virtue of ownership or lease. The actual
mechanical compilation of such inventories may be
handled, at the request of the commissioner, by
the Secretary of the Office of Policy and
Management; provided such compilation shall be
available to the Commissioner of Public Works at
all times. Such inventory shall be used by the
commissioner as the primary source for meeting
state needs, and shall be shared with the review
board and with the Secretary of the Office of
Policy and Management; (B) prepare an annual
inventory of improved and unimproved real estate
which is owned by the state and which is unused or
underutilized and study and make recommendations
concerning the reuse or disposition of such real
estate; (C) identify in the inventories required
under subparagraphs (A) and (B), existing
buildings that (i) are of historic, architectural
or cultural significance, including buildings
listed or eligible to be listed in the national
register established under the National Historic
Preservation Act of 1966, 80 Stat. 915 (1966), 16
USC 470a and (ii) would be suitable, whether or
not in need of repair, alteration or addition, to
meet the public building needs of the state or to
meet the needs of the public in accordance with
the provisions of subsection (m) of section 4b-23,
AS AMENDED.
(2) Whenever realty uses designed uniquely for
state use and for periods over five years are
concerned, the commissioner shall, whenever
practicable, attempt to purchase, lease-purchase
or construct on state-owned land. In such cases
leases shall be used only when other possibilities
have been eliminated as not feasible, in the
opinion of the commissioner.
(3) Whenever the commissioner has established
specific plans and specifications for new
construction on state land or new construction for
sale to the state: (A) If it appears to the
commissioner that the cost of the project shall be
less than two hundred fifty thousand dollars,
contracts shall be made, where practicable,
through a process of sealed bidding as provided in
section 4b-91 relating to projects in excess of
two hundred fifty thousand dollars; (B) if it
appears to the commissioner that the space needs
of the requesting agency are less than five
thousand square feet, the commissioner shall,
whenever practicable, carry on advertising, in
accordance with the provisions of section 4b-34
relating to projects in excess of five thousand
square feet, in order to allow an equal
opportunity for third parties to do business with
the state without regard to political affiliation,
political contributions or relationships with
persons in state, federal or local governmental
positions.
(4) [In order to provide for the substantial
space needs of a requesting agency, the
commissioner may designate projects for new
facilities to be accomplished on a total cost
basis, wherein] THE COMMISSIONER MAY DESIGNATE
PROJECTS TO BE ACCOMPLISHED ON A TOTAL COST BASIS
FOR (A) NEW FACILITIES TO PROVIDE FOR THE
SUBSTANTIAL SPACE NEEDS OF A REQUESTING AGENCY, OR
(B) THE INSTALLATION OF MECHANICAL OR ELECTRICAL
EQUIPMENT SYSTEMS IN EXISTING STATE FACILITIES. IF
THE COMMISSIONER DESIGNATES A PROJECT AS A
DESIGNATED TOTAL COST BASIS PROJECT, the
commissioner may enter into a single contract with
a private developer which includes such project
elements as site acquisition, IF APPLICABLE,
architectural design and construction. All
contracts for such designated projects shall be
based on competitive proposals received by the
commissioner, who shall give notice of such
project, and specifications therefor, by
advertising, at least once, in a newspaper having
a substantial circulation in the area in which
such project is to be located. The commissioner
shall determine all other requirements and
conditions for such proposals and awards and shall
have sole responsibility for all other aspects of
such contracts. [Such] IF APPLICABLE, SUCH
contracts shall state clearly the responsibilities
of the developer to deliver a completed and
acceptable facility on a date certain, the maximum
cost of the project and, [where applicable, shall
state,] as a separate item, the cost of site
acquisition. No such contract may be entered into
by the commissioner without the prior approval of
the State Properties Review Board and unless
funding has been authorized pursuant to the
general statutes or a public or special act.
(5) Whenever a bid is made to the commissioner
for any purpose regarding the use of land or
whenever any person proposes to sell or lease land
to the state, the bidder or such person shall be
the owner of the land, or the commissioner shall
have the option to void any contract subsequently
made with said bidder or third person.
(6) In all dealings with the commissioner the
owner of record or beneficial owner shall be
disclosed to the commissioner and the bid shall be
revealed to the owner of record or beneficial
owner or the commissioner shall have the option to
void any contract subsequently made concerning any
such dealing.
(7) After the authorization of a project under
the provisions of section 4b-23, AS AMENDED, the
public auditors of the state and the auditors or
accountants of the Commissioner of Public Works
shall have the right to audit the books of any
contractor employed by the commissioner pursuant
to such authorization, or of any party negotiating
with the commissioner for the acquisition of land
by lease or otherwise; provided, however, that any
such audit shall be limited to the project
authorized by the commissioner and the Properties
Review Board, and provided further that in the
case of a party negotiating with the commissioner,
such audit may also be conducted after the
negotiations have ended, if a contract is
consummated with the commissioner.
Sec. 4. 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, AS AMENDED;
(h) "Project" means any state program
requiring consultant services if (1) the cost of
such services is estimated to exceed [twenty-five]
FIFTY thousand dollars or, in the case of a
constituent unit of the state system of higher
education, the cost of such services is estimated
to exceed three hundred thousand dollars, or (2)
the construction costs in connection with such
program are estimated to exceed [two hundred
fifty] FOUR HUNDRED thousand dollars; or, in the
case of a constituent unit of the state system of
higher education, other than The University of
Connecticut, the construction costs in connection
with such program are estimated to exceed two
million dollars;
(i) "Selection panel" or "panel" means the
State Construction Services Selection Panel
established pursuant to subsection (a) of section
4b-56, AS AMENDED, 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, [.] AS AMENDED;
(j) "User agency" means the state department
or agency requesting the project.
Sec. 5. Subsection (d) of section 4b-51 of the
general statutes is repealed and the following is
substituted in lieu thereof:
(d) Notwithstanding any provisions of the
general statutes to the contrary, the Commissioner
of Public Works shall select, subject to the
provisions of this subsection, [architects and
engineers] CONSULTANTS for projects authorized
under subsection (b) of this section from a list
approved by said commissioner. Fees for such
[architectural and engineering technical]
CONSULTANT services shall not exceed [twenty-five]
FIFTY thousand dollars, except that, in the case
of a project of a constituent unit of the state
system of higher education, fees for such services
shall not exceed three hundred thousand dollars.
AS USED IN THIS SUBSECTION, "CONSULTANT" MEANS
"CONSULTANT" AS DEFINED IN SECTION 4b-55, AS
AMENDED BY THIS ACT, AND "CONSULTANT SERVICES"
MEANS "CONSULTANT SERVICES" AS DEFINED IN SECTION
4b-55, AS AMENDED BY THIS ACT.
Sec. 6. Subsection (i) of section 4b-23 of the
general statutes, as amended by section 3 of
public act 97-247, is repealed and the following
is substituted in lieu thereof:
(i) AS USED IN THIS SUBSECTION, (1) "PROJECT"
MEANS ANY STATE PROGRAM REQUIRING CONSULTANT
SERVICES IF (A) THE COST OF SUCH SERVICES IS
ESTIMATED TO EXCEED TWENTY-FIVE THOUSAND DOLLARS
OR, IN THE CASE OF A CONSTITUENT UNIT OF THE STATE
SYSTEM OF HIGHER EDUCATION, THE COST OF SUCH
SERVICES IS ESTIMATED TO EXCEED THREE HUNDRED
THOUSAND DOLLARS, OR (B) 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; (2) "CONSULTANT" MEANS
"CONSULTANT" AS DEFINED IN SECTION 4b-55, AS
AMENDED BY THIS ACT; AND (3) "CONSULTANT SERVICES"
MEANS "CONSULTANT SERVICES" AS DEFINED IN SECTION
4b-55, AS AMENDED BY THIS ACT. Any consultant
selected by the commissioner, and any contracts
entered into by the commissioner with any
consultants for employment on any project under
the provisions of this section, shall be subject
to the approval of the Properties Review Board
prior to their employment by the commissioner. The
Properties Review Board shall, within thirty days,
approve or disapprove the selection of or contract
with any consultant made by the Commissioner of
Public Works pursuant to sections 4b-1 and 4b-55
to 4b-59, inclusive. If upon the expiration of the
thirty-day period a decision has not been made,
the Properties Review Board shall be deemed to
have approved such selection or contract.
Sec. 7. Section 2-71q of the general statutes
is repealed and the following is substituted in
lieu thereof:
Whenever a design professional or design
professional services or a construction manager
are required by the Joint Committee on Legislative
Management for any purpose other than in
fulfilling its obligation under section 4b-60, the
following procedures shall be followed:
(1) The committee shall invite responses from
design professionals or construction managers 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 committee which shall select
from among those responding the five professionals
or managers which in its opinion are most
qualified to perform the required design
professional or management services.
(2) The committee may negotiate a contract
with the most qualified design professional or
construction manager 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 or construction managers selected,
it shall issue a finding giving the reasons for
such inability and may negotiate with any design
professional or construction manager 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 or construction manager, 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, [or] 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, [and] land
surveyors OR INTERIOR DESIGNERS, as well as
incidental services that members of such
professions and those in their employ are
authorized to perform.
Sec. 8. Section 4b-61 of the general statutes
is repealed and the following is substituted in
lieu thereof:
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, [or] 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, [and] land
surveyors OR INTERIOR DESIGNERS, as well as
incidental services that members of such
professions and those in their employ are
authorized to perform.
Sec. 9. Subsection (b) of section 4b-3 of the
general statutes, as amended by section 2 of
public act 97-247, is repealed and the following
is substituted in lieu thereof:
(b) THE CHAIRMAN OF THE BOARD SHALL BE
COMPENSATED TWO HUNDRED DOLLARS PER DIEM UP TO A
MAXIMUM OF THIRTY THOUSAND DOLLARS ANNUALLY. OTHER
[Members] MEMBERS of the board shall be
compensated [one hundred fifty] TWO HUNDRED
dollars per diem up to a maximum of twenty-five
thousand dollars annually. The members of the
board shall choose their own chairman. No person
shall serve on this board who holds another state
or municipal governmental position and no person
on the board shall be directly involved in any
enterprise which does business with the state or
directly or indirectly involved in any enterprise
concerned with real estate acquisition or
development.
Sec. 10. This act shall take effect July 1,
1998, except that sections 3 to 8, inclusive,
shall take effect October 1, 1998.
Approved June 8, 1998