Connecticut Seal

General Assembly

 

Raised Bill No. 1182

January Session, 2007

 

LCO No. 4341

 

*04341_______GAE*

Referred to Committee on Government Administration and Elections

 

Introduced by:

 

(GAE)

 

AN ACT CONCERNING ADMINISTRATIVE PROCEDURES OF THE DEPARTMENT OF PUBLIC WORKS.

Be it enacted by the Senate and House of Representatives in General Assembly convened:

Section 1. Subsection (b) of section 4b-91 of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):

(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] not later than ninety 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.

Sec. 2. Subdivision (4) of section 4-250 of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):

(4) "Large state contract" means an agreement or a combination or series of agreements between a state agency or a quasi-public agency and a person, firm or corporation, having a total [cost to such state agency or quasi-public agency] value of more than five hundred thousand dollars in a calendar or fiscal year, for (A) a project for the construction, alteration or repair of any public building or public work, (B) services, including, but not limited to, consulting and professional services, (C) the procurement of supplies, materials or equipment, (D) a lease, or (E) a licensing arrangement. The term "large state contract" shall not include a contract between a state agency or a quasi-public agency and a political subdivision of the state.

Sec. 3. Subsection (a) of section 4b-38 of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):

(a) Subject to the provisions of section 4b-30 the commissioner may lease state-owned land or buildings, or both, and facilities to (1) municipalities for municipal use or (2) private individuals or concerns for private use, when such land, buildings and facilities are otherwise not used or needed for state use and such action seems desirable to produce income or is otherwise in the public interest, provided the Treasurer has determined that such action will not affect the status of any tax-exempt obligations issued or to be issued by the state of Connecticut. [Each lease to a municipality under this subsection shall have a term of not more than twenty years.]

Sec. 4. Section 67 of public act 00-167 is repealed and the following is substituted in lieu thereof (Effective from passage):

Notwithstanding any provision of the general statutes or of any special act, including, but not limited to, the provisions of sections 4b-2 to 4b-3, inclusive, 4b-51 to 4b-58, inclusive, 4b-91 to 4b-102, inclusive, 19a-638 and 19a-939 and chapters 124 and 126 of the general statutes, or any of the provisions of any ordinance or special act of any municipality, the Commissioner of Mental Health and Addiction Services may provide a grant-in-aid to an entity which is considered to be a nonprofit organization under Section 501(c)(3) of the Internal Revenue Code of 1986, or any subsequent corresponding internal revenue code of the United States, as from time to time amended, for the design and construction of an addition to the Connecticut Mental Health Center in New Haven. Said grant shall be made in accordance with the terms of a contract between the Commissioner of Mental Health and Addiction Services, in consultation with the Commissioner of Public Works, and the Section 501(c)(3) nonprofit organization. Such contract shall include a provision that requires the formation of an oversight committee made up of said departments and said nonprofit organization. The oversight committee shall meet not less than once per month and shall be kept fully informed of the progress of design and construction of said addition. Such committee shall have access to all documents and materials in the possession or under the control of the nonprofit organization and any of its agents, contractors or consultants, including, but not limited to, project budgets. Such committee shall approve any legal documents and related materials concerning the design and construction of the project and the project budget. The nonprofit organization shall be solely responsible for the selection of any design consultants and any construction contractor. The design and construction of the addition, including the method of construction management, shall be in accordance with the terms and conditions of the contract between the Commissioner of Mental Health and Addiction Services, in consultation with the Department of Public Works, and the Section 501(c)(3) nonprofit organization.

Sec. 5. Section 16a-38k of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):

(a) Notwithstanding any provision of the general statutes, any new construction of a state facility, except salt sheds, parking garages, maintenance facilities or school construction, that is projected to cost five million dollars or more, and [is approved and funded] that had all budgeted project bond funds allocated by the State Bond Commission on or after January 1, 2007, shall comply with or exceed compliance with the silver building rating of the Leadership in Energy and Environmental Design's rating system for new commercial construction and major renovation projects, as established by the United States Green Building Council, or an equivalent standard, including, but not limited to, a two-globe rating in the Green Globes USA design program until the regulations [adopted pursuant to] described in subsection (b) of this section are adopted. The Secretary of the Office of Policy and Management, in consultation with the Commissioner of Public Works and the Institute for Sustainable Energy, shall exempt any facility from complying with said regulations if said secretary finds, in a written analysis, that the cost of such compliance significantly outweighs the benefits. Nothing in this section shall be construed to require the redesign of any new construction of a state facility that is designed in accordance with the silver building rating of the Leadership in Energy and Environmental Design's rating system for new commercial construction and major renovation projects, as established by the United States Green Building Council, or an equivalent standard, including, but not limited to, a two-globe rating in the Green Globes USA design program, provided the design for such facility was initiated or completed prior to the adoption of the regulations described in subsection (b) of this section.

(b) Not later than January 1, 2007, the Secretary of the Office of Policy and Management, in consultation with the Commissioner of Public Works, the Commissioner of Environmental Protection and the Commissioner of Public Safety, shall adopt regulations, in accordance with the provisions of chapter 54, to adopt state building construction standards that are consistent with or exceed the silver building rating of the Leadership in Energy and Environmental Design's rating system for new commercial construction and major renovation projects, as established by the United States Green Building Council, or an equivalent standard, including, but not limited to, a two-globe rating in the Green Globes USA design program, and thereafter update such regulations as the secretary deems necessary.

Sec. 6. Subsection (b) of section 4b-53 of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):

(b) The State Bond Commission, in the allocation of proceeds of state bonds for purposes of the design, construction, reconstruction or remodeling of any state building, shall allocate for works of art, with respect to each such project and for the purposes of subsection (c) of this section, an amount from such proceeds not less than one per cent of the total estimated cost of such construction, reconstruction or remodeling, exclusive of (1) the cost of any land acquisition, (2) any nonconstruction costs including the cost of such work of art, and (3) any augmentations to such cost, provided any such allocation for work of art as provided in this section must be approved, prior to authorization of such allocation by the State Bond Commission, by the Commissioner of Public Works in consultation with the Connecticut Commission on Culture and Tourism. Such allocation may be used to reimburse any artist, artisan, craftsperson or person who creates a work of art, for proposal development expenses when the Connecticut Commission on Culture and Tourism requests such proposal development or to compensate persons who, at the request of the Connecticut Commission on Culture and Tourism determine whether such works of art require proposal development.

Sec. 7. Subsection (a) of section 49-41 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2007):

(a) Each contract exceeding one hundred thousand dollars in amount for the construction, alteration or repair of any public building or public work of the state or a municipality shall include a provision that the person to perform the contract shall furnish to the state or municipality on or before the award date, a bond in the amount of the contract which shall be binding upon the award of the contract to that person, with a surety or sureties satisfactory to the officer awarding the contract, for the protection of persons supplying labor or materials in the prosecution of the work provided for in the contract for the use of each such person, provided no such bond shall be required to be furnished (1) 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] one hundred thousand dollars, (2) in relation to any sub-bid in which the total estimated cost of labor and materials under the contract with respect to which such sub-bid is submitted is less than [fifty] one hundred thousand dollars, or (3) in relation to any general bid or sub-bid submitted by a consultant, as defined in section 4b-55. Any such bond furnished shall have as principal the name of the person awarded the contract.

This act shall take effect as follows and shall amend the following sections:

Section 1

from passage

4b-91(b)

Sec. 2

from passage

4-250(4)

Sec. 3

from passage

4b-38(a)

Sec. 4

from passage

PA 00-167, Sec. 67

Sec. 5

from passage

16a-38k

Sec. 6

from passage

4b-53(b)

Sec. 7

October 1, 2007

49-41(a)

Statement of Purpose:

To make substantive changes in various statutes that affect the administrative procedures utilized in the Department of Public Work's operations.

[Proposed deletions are enclosed in brackets. Proposed additions are indicated by underline, except that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is not underlined.]