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is repealed and  the  following  is substituted in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