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Substitute House Bill No. 5368

PUBLIC ACT NO. 96-235

AN ACT CONCERNING THE SUPERVISION AND MAINTENANCE OF CERTAIN STATE REAL PROPERTY AND CONCERNING DEPARTMENT OF PUBLIC WORKS CONSTRUCTION PROJECTS.

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

Section 1. Section 4b-1 of the general statutes, as amended by section 33 of public act 95-230, is repealed and the following is substituted in lieu thereof:

(a) The Commissioner of Public Works shall (1) be responsible for the administrative functions of construction and planning of all capital improvements undertaken by the state, except (A) highway and bridge construction, the construction and planning of capital improvements related to mass transit, marine and aviation transportation, (B) the Connecticut Marketing Authority, (C) planning and construction of capital improvements to the State Capitol building or the Legislative Office Building and related facilities by the Joint Committee on Legislative Management, (D) any project as defined in subdivision (15) of section 3 of [this act] PUBLIC ACT 95-230, undertaken by The University of Connecticut and (E) construction and planning of capital improvements related to the Judicial Department if such construction and planning do not constitute a project within the meaning of subsection (e) of section 4b-55, including the preparation of preliminary plans, estimates of cost, development of designs, working plans and specifications, award of contracts and supervision and inspection; (2) select design professional firms in accordance with the provisions of sections 4b-56 to 4b-59, inclusive, to assist in the development of plans and specifications when in his judgment such assistance is desirable; (3) render technical advice and service to all state agencies in the preparation and correlation of plans for necessary improvement of their physical plants; (4) cooperate with those charged with fiscal programming and budget formulation in the development of a capital program and a capital budget for the state; (5) be responsible for the purchase, lease and acquisition of property and space to house state agencies and, subject to the provisions of section 4b-21, the sale or exchange of any land or interest in land belonging to the state; (6) maintain a complete and current inventory of all state-owned or leased property and premises, including space-utilization data, and (7) supervise the care and control of buildings and grounds owned or leased by the state in Hartford, except the building and grounds of the State Capitol and the Legislative Office Building and parking garage and related structures and facilities and grounds, as provided in section 2-71h, and the Connecticut Marketing Authority and property under the supervision of the Office of the Chief Court Administrator under the terms of section 4b-11. For the purposes of this section, the term "Judicial Department" does not include the courts of probate, the Division of Criminal Justice and the Public Defender Services Commission, except where they share facilities in state-maintained courts. Subject to the provisions of chapter 67, said commissioner may appoint such employees as are necessary for carrying out the duties prescribed to said commissioner by the general statutes.

(b) Notwithstanding any other provision of the general statutes to the contrary, except for the property of The University of Connecticut, the commissioner may supervise the care and control of (1) any state-owned OR LEASED office building, and related buildings and grounds, outside the city of Hartford, used [by two or more state departments or agencies, except the Judicial Department,] as district offices, EXCEPT ANY STATE-OWNED OR LEASED OFFICE BUILDING, AND RELATED BUILDINGS AND GROUNDS, USED BY THE JUDICIAL DEPARTMENTand (2) any other [multiuse] state-owned OR LEASED property, on a temporary or permanent basis, if the commissioner, the Secretary of the Office of Policy and Management and the executive head of the department or agency supervising the care and control of such property agree, in writing, to such supervision.

Sec. 2. Section 4b-12 of the general statutes is repealed and the following is substituted in lieu thereof:

The Commissioner of Public Works shall have the supervision, care and control of the State Office Building, the state police buildings located in the city of Hartford, any state-owned building designated by the Governor, except as otherwise provided by law, and the premises held under lease or rental by the state, except as otherwise provided by law, but shall make no permanent material change in the structure or ornamentation of said buildings affecting their symmetry or architecture unless authorized by an act of the General Assembly. All premises of property leased or rented by the state or by any officer, department, institution, board, commission or council of the state government and located outside the city of Hartford shall be under the control and management of the administrative head of the department or agency using or occupying such leased or rented premises EXCEPT AS OTHERWISE PROVIDED IN SUBSECTION (b) OF SECTION 4b-1, AS AMENDED BY SECTION 1 OF THIS ACT.

Sec. 3. Subsection (b) of section 4b-2l of the general statutes, as amended by section 1 of public act 95-250 and section 2 of public act 95-354, is repealed and the following is substituted in lieu thereof:

(b) Any state agency, department or institution having custody and control of land, an improvement to land or interest in land, belonging to the state, shall inform the Secretary of the Office of Policy and Management, in writing, when such land, improvement or interest or any part thereof is not needed by the agency, department or institution. Upon receipt of such notification, the secretary shall arrange for such agency, department or institution to forthwith transfer custody and control of such land, improvement or interest to the Department of Public Works ALONG WITH ADEQUATE FUNDING FOR PERSONNEL AND OTHER OPERATING EXPENSES REQUIRED FOR THE MAINTENANCE OF SUCH LAND, IMPROVEMENT OR INTEREST [4m, [0m and shall notify all state agencies, departments and institutions that such land, improvement or interest is available. Within ninety days of receipt of such notification from the secretary, any state agency, department or institution that is interested in utilizing the land, improvement or interest shall submit a plan to the secretary that sets forth the proposed use for the land, improvement or interest and a budget and timetable for such use. If the Commissioner of Economic and Community Development determines that such land, improvement or interest can be utilized or adapted for use as an emergency shelter or transitional living facility for homeless persons or can be utilized or exchanged for property which can be utilized for the construction, rehabilitation or renovation of housing for persons and families of low and moderate income, said commissioner may (1) within such ninety-day period, submit to the secretary, in lieu of such plan, a preliminary plan indicating that the land, improvement or interest can be utilized, adapted or exchanged for such housing purposes and stating the type of housing that is planned and (2) within six months after the end of such ninety-day period, submit a comprehensive plan for the development of such housing to the secretary, in a form prescribed by the secretary. If the Commissioner of Economic and Community Development submits preliminary and comprehensive plans to the secretary within such periods, the agency, department or institution having custody and control of the land, improvement or interest shall transfer custody and control to the Commissioner of Economic and Community Development in accordance with such procedures as the secretary may prescribe. If (A) the Commissioner of Economic and Community Development does not submit a preliminary plan to the secretary within such ninety-day period or so submits a preliminary plan but does not submit a comprehensive plan to the secretary within such six-month period, and (B) one or more agencies, departments or institutions submit a plan for such land, improvement or interest to the secretary within such ninety-day period, the secretary shall analyze such agency, department or institution plan or plans and determine whether (i) custody and control of the land, improvement or interest shall be transferred to one of such agencies, departments or institutions, in which case the agency, department or institution having custody of the land, improvement or interest shall make such transfer, or (ii) the land, improvement or interest shall be treated as surplus.

Sec. 4. Section 49-41b of the general statutes is repealed and the following is substituted in lieu thereof:

When any public work is awarded by a contract for which a payment bond is required by section 49-41 and such contract contains a provision requiring the general or prime contractor under such contract to furnish a performance bond in the full amount of the contract price, the [awarding authority (1) if such authority is the state it shall] FOLLOWING SHALL APPLY: (1) IN THE CASE OF A CONTRACT ADVERTISED BY THE STATE DEPARTMENT OF PUBLIC WORKS BETWEEN JULY 1, 1996, AND JUNE 30, 1999, INCLUSIVE, (A) THE DEPARTMENT SHALL NOT WITHHOLD MORE THAN TEN PER CENT FROM ANY PERIODIC OR FINAL PAYMENT WHICH IS OTHERWISE PROPERLY DUE TO THE GENERAL OR PRIME CONTRACTOR UNDER THE TERMS OF SUCH CONTRACT AND (B) ANY SUCH GENERAL OR PRIME CONTRACTOR SHALL NOT WITHHOLD FROM ANY SUBCONTRACTOR MORE THAN (i) TEN PER CENT FROM ANY PERIODIC OR FINAL PAYMENT WHICH IS OTHERWISE DUE TO THE SUBCONTRACTOR OR (ii) THE AMOUNT WITHHELD BY THE DEPARTMENT FROM SUCH GENERAL OR PRIME CONTRACTOR UNDER SUBPARAGRAPH (A) OF THIS SUBDIVISION, WHICHEVER IS LESS. NOTWITHSTANDING THE PROVISIONS OF THIS SUBDIVISION (1), THE COMMISSIONER OF PUBLIC WORKS SHALL ESTABLISH AN EARLY RELEASE PROGRAM WITH RESPECT TO PERIODIC PAYMENTS BY GENERAL OR PRIME CONTRACTORS TO SUBCONTRACTORS. (2) IN THE CASE OF A CONTRACT ADVERTISED BY THE STATE DEPARTMENT OF PUBLIC WORKS ON OR AFTER JULY 1, 1999, OR IN ANY CASE IN WHICH THE AWARDING AUTHORITY IS ANY OTHER STATE AGENCY, (A) THE AWARDING AUTHORITY SHALL [be prohibited from withholding] NOT WITHHOLD more than two and one-half per cent from any periodic or final payment which is otherwise properly due to the general or prime contractor under the terms of such contract, and (B) any such general or prime contractor shall [be prohibited from withholding] NOT WITHHOLD more than two and one-half per cent from any periodic or final payment which is otherwise due to any subcontractor [, and (2) if such] (3) IF THE AWARDING authority is a municipality (A) it shall [be prohibited from withholding] NOT WITHHOLD more than five per cent from any periodic or final payment which is otherwise properly due to the general or prime contractor under the terms of such contract, and (B) any such general or prime contractor shall [be prohibited from withholding] NOT WITHHOLD more than five per cent from any periodic or final payment which is otherwise due to any subcontractor.

Sec. 5. Section 4b-55 of the general statutes, as amended by section 1 of public act 95-152 and section 37 of public act 95-230, is repealed and the following is substituted in lieu thereof:

As used in this section, section 4b-1, AS AMENDED BY SECTION 9 OF THIS ACT subsection (i) of section 4b-23 AS AMENDED BY SECTION 10 OF THIS ACT and sections 4b-56 to 4b-59, inclusive, AS AMENDED unless the context clearly requires otherwise:

(a) "Commissioner" means the Commissioner of Public Works;

(b) ["Design professional"] "CONSULTANT" means (1) any architect, professional engineer, landscape architect [or] 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) ["Design professional] "CONSULTANT services" shall include those professional services rendered by architects, professional engineers, landscape architects [and] 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 [or] 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 BY SECTION 10 OF THIS ACT;

(h) "Project" means any state program requiring [design professional] 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 section 4b-56 AS AMENDED BY SECTION 15 OF THIS ACT; and

(j) "User agency" means the state department or agency requesting the project.

Sec. 6. Section 4-205 of the general statutes is repealed and the following is substituted in lieu thereof:

As used in sections 4-205 to 4-211, inclusive AS AMENDED:

(1) "Consultant" means a person, firm or corporation not employed by the state, who is hired by a state agency for a fee to provide professional advice or services to the agency under a contract that defines the services or end product to be delivered. The term "consultant" shall not include (A) an independent contractor providing routine professional services on an on-going basis to state agencies or their clients or operating a state program, (B) a person, firm or corporation providing "contractual services", as defined in section 4a-50, to the state, (C) a ["design professional"] "CONSULTANT", as defined in section 4b-55, AS AMENDED BY SECTION 5 OF THIS ACT or (D) a "consultant", as defined in section 13b-20b, providing services to the Department of Transportation. (2) "Secretary" means the Secretary of the Office of Policy and Management. (3) "State agency" means a department, board, council, commission, institution or other agency of the executive department of the state government.

Sec. 7. Section 4-212 of the general statutes is repealed and the following is substituted in lieu thereof:

As used in sections 4-212 to 4-219, inclusive AS AMENDED: (1) "Competitive negotiation" means a procedure for contracting for services in which (A) proposals are solicited from qualified persons, firms or corporations by a request for proposals and (B) changes may be negotiated in proposals and prices after being submitted. (2) "Personal service contractor" means any person, firm or corporation not employed by the state, who is hired by a state agency for a fee to provide services to the agency. The term "personal service contractor" shall not include (A) a person, firm or corporation providing "contractual services", as defined in section 4a-50, to the state, (B) a ["design professional"] "CONSULTANT", as defined in section 4b-55, AS AMENDED BY SECTION 5 OF THIS ACT (C) a "consultant", as defined in section 13b-20b, providing services to the Department of Transportation, or (D) an agency of the federal government, of the state or of a political subdivision of the state. (3) "Personal service agreement" means a written agreement defining the services or end product to be delivered by a personal service contractor to a state agency, excluding any agreement with a personal service contractor that the state accounting manual does not require to be submitted to the Comptroller. (4) "Secretary" means the Secretary of the Office of Policy and Management. (5) "State agency" means a department, board, council, commission, institution or other agency of the executive department of the state government.

Sec. 8. Subsection (a) of section 4-218 of the general statutes is repealed and the following is substituted in lieu thereof:

(a) Not later than thirty days after the end of each six-month period, beginning with the six-month period ending on December 31, 1994, each contracting agency shall submit a report to the secretary indicating (1) for each personal service agreement executed during such six-month period with a person, firm or corporation providing "contractual services", as defined in section 4a-50, to the state, a ["design professional"] "CONSULTANT", as defined in section 4b-55, AS AMENDED BY SECTION 5 OF THIS ACT or an agency of the federal government, of the state or of a political subdivision of the state, (A) the name of the person, firm or corporation, (B) a description of the services to be provided, (C) the term and cost of the agreement and (D) the method of selecting the person, firm or corporation and (2) for each such agreement either executed or otherwise in effect during the six-month period, (A) the amount of all payments made during the six-month period to the person, firm or corporation, by fund, and (B) the amount of any federal or private funds allocated for such payments. No state agency utilizing contractual services hired by using a purchase order approved and committed by the State Comptroller shall be required to submit a report to the secretary.

Sec. 9. Subsection (a) of section 4b-1 of the general statutes, as amended by section 33 of public act 95-230, is repealed and the following is substituted in lieu thereof:

(a) The Commissioner of Public Works shall (1) be responsible for the administrative functions of construction and planning of all capital improvements undertaken by the state, except (A) highway and bridge construction, the construction and planning of capital improvements related to mass transit, marine and aviation transportation, (B) the Connecticut Marketing Authority, (C) planning and construction of capital improvements to the State Capitol building or the Legislative Office Building and related facilities by the Joint Committee on Legislative Management, (D) any project as defined in subdivision (15) of section 3 of [this act] PUBLIC ACT 95-230, undertaken by The University of Connecticut and (E) construction and planning of capital improvements related to the Judicial Department if such construction and planning do not constitute a project within the meaning of subsection (e) of section 4b-55, AS AMENDED BY SECTION 5 OF THIS ACT including the preparation of preliminary plans, estimates of cost, development of designs, working plans and specifications, award of contracts and supervision and inspection; (2) select [design professional] CONSULTANT firms in accordance with the provisions of sections 4b-56 to 4b-59, inclusive, AS AMENDED to assist in the development of plans and specifications when in his judgment such assistance is desirable; (3) render technical advice and service to all state agencies in the preparation and correlation of plans for necessary improvement of their physical plants; (4) cooperate with those charged with fiscal programming and budget formulation in the development of a capital program and a capital budget for the state; (5) be responsible for the purchase, lease and acquisition of property and space to house state agencies and, subject to the provisions of section 4b-21, AS AMENDED the sale or exchange of any land or interest in land belonging to the state; (6) maintain a complete and current inventory of all state-owned or leased property and premises, including space-utilization data, and (7) supervise the care and control of buildings and grounds owned or leased by the state in Hartford, except the building and grounds of the State Capitol and the Legislative Office Building and parking garage and related structures and facilities and grounds, as provided in section 2-71h, and the Connecticut Marketing Authority and property under the supervision of the Office of the Chief Court Administrator under the terms of section 4b-11 AS AMENDED. For the purposes of this section, the term "Judicial Department" does not include the courts of probate, the Division of Criminal Justice and the Public Defender Services Commission, except where they share facilities in state-maintained courts. Subject to the provisions of chapter 67, said commissioner may appoint such employees as are necessary for carrying out the duties prescribed to said commissioner by the general statutes.

Sec. 10. Subsection (i) of section 4b-23 of the general statutes is repealed and the following is substituted in lieu thereof:

(i) Any [design professionals] CONSULTANT selected by the commissioner, and any contracts entered into by the commissioner with any [design professionals] 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 [design professional] CONSULTANT made by the Commissioner of Public Works pursuant to sections 4b-1 and 4b-55 to 4b-59 INCLUSIVE, AS AMENDED. 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. 11. Section 4b-57 of the general statutes is repealed and the following is substituted in lieu thereof:

(a) Whenever [design professional] CONSULTANT services are required by the commissioner in fulfilling his responsibilities under section 4b-1, AS AMENDED BY SECTION 9 OF THIS ACT and in the case of each project, the commissioner shall invite responses from such firms by advertisements inserted at least once in one or more newspapers having a circulation in each county in the state. The commissioner shall prescribe, by regulations adopted in accordance with chapter 54, the advance notice required for, the manner of submission, and conditions and requirements of, such responses.

(b) In the case of a project, the responses received shall be considered by the selection panel. The panel shall select from among those responding no fewer than three firms, which it determines in accordance with criteria established by the commissioner, are most qualified to perform the required [design professional] CONSULTANT services. The selection panel shall submit a list of the most qualified firms to the commissioner for his consideration unless fewer than three responses for a particular project have been received, in which case, the panel shall submit the names of all firms who have submitted responses.

Sec. 12. Section 4b-58 of the general statutes, as amended by section 38 of public act 95-230, 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 (15) of section 3 of [this act] PUBLIC ACT 95-230, undertaken by The University of Connecticut, the commissioner shall negotiate a contract for [design professional] 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 [design professional] CONSULTANT services under consideration. (3) Whenever [design professional] CONSULTANT services are required for an emergency correctional facility project, the University of Connecticut library project or a priority higher education facility project, the commissioner shall select and interview at least three [design professionals] CONSULTANTS or firms, and shall negotiate a contract for [design professional] 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, AS AMENDED BY SECTION 10 OF THIS ACT 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 [design professional] 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. 13. Subsection (a) of section 49-41 of the general statutes is repealed and the following is substituted in lieu thereof:

(a) Each contract exceeding twenty-five thousand dollars in amount for the construction, alteration or repair of any public building or public work of the state or of any subdivision thereof shall include a provision that the person to perform the contract shall furnish to the state or the subdivision 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 twenty-five 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 thousand dollars, or (3) in relation to any general bid or sub-bid submitted by a [design professional] CONSULTANT, as defined in section 4b-55 AS AMENDED BY SECTION 5 OF THIS ACT. Any such bond furnished shall have as principal the name of the person awarded the contract.

Sec. 14. Subsection (a) of section 4b-91 of the general statutes, as amended by section 39 of public act 95-230, 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 SECTION 5 OF THIS ACT, OR (B) [a large public building project, as defined in section 4b-98, (C) construction management, as defined in said section, or (D)] the University of Connecticut library project, or (2) a project, as defined in subdivision (15) of section 3 of [this act] PUBLIC ACT 95-230, undertaken and controlled by The University of Connecticut in accordance with section 14 of [this act] PUBLIC ACT 95-230, 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 AS AMENDED. 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.

Sec. 15. Section 4b-56 of the general statutes is repealed and the following is substituted in lieu thereof:

(a) There shall be established within the Department of Public Works a State Construction Services Selection Panel which shall consist of [six] FIVE members: [Five] FOUR of whom shall be appointed by the commissioner and shall be current or retired employees of the Department of Public Works; and the remaining member shall be appointed by the head or acting head of the user agency and shall serve only for deliberations involving the project for which he was appointed. The other members of the selection panel shall serve for terms of one year from July first. If any vacancy occurs on the panel, the commissioner shall appoint a person for the unexpired term in accordance with the provisions of this subsection.

(b) The selection panel shall not be deemed to be a board or commission within the meaning of section 4-9a.

Sec. 16. Subsection (c) of section 4b-52 of the general statutes is repealed and the following is substituted in lieu thereof:

(c) Whenever the Commissioner of Public Works declares that an emergency condition exists at any state facility, other than a building under the supervision and control of the Joint Committee on Legislative Management, [damaged by fire or other disaster] and that the condition would adversely affect public safety or the proper conduct of essential state government operations, or said joint committee declares that such an emergency exists at a building under its supervision and control, the commissioner or the joint committee may employ such assistance as may be required to restore facilities under their control and management, or the commissioner may so act upon the request of a state agency, to restore facilities under the control and management of such agency, without inviting bids as required in subsection (b) of this section. Neither the commissioner nor the joint committee shall take any action requiring the expenditure of more than [one hundred] TWO HUNDRED FIFTY thousand dollars to restore any facility under this subsection without the written consent of the Governor. The provisions of this subsection shall not apply if any person is obligated under the terms of an existing contract with the state to render such assistance. The annual report of the commissioner and of the joint committee shall include a detailed statement of all expenditures made under this subsection.

Sec. 17. (NEW) (a) There is established a council to monitor the construction management policies and practices of the Department of Public Works. The council shall consist of: (1) The chairpersons and ranking members of the joint standing committee of the General Assembly having cognizance of matters relating to government administration, or their designees; (2) the chairpersons and ranking members of the subcommittee of the joint standing committee of the General Assembly having cognizance of matters relating to appropriations, which subcommittee has cognizance of matters relating to the Department of Public Works, or their designees; (3) the Secretary of the Office of Policy and Management, or his designee; and (4) the Commissioner of Public Works, or his designee. The council shall hold its first meeting not later than October 1, 1996. The council shall meet at least quarterly thereafter until September 30, 1999, when it shall terminate.

(b) The council shall monitor the initiatives of the Department of Public Works to (1) reform its construction management practices, (2) comply with its mission statement and (3) implement the recommendations of the Legislative Program Review and Investigations Committee contained in the committee's December 1995 report on state contract management. The council shall report annually to said committees of cognizance on the department's progress in implementing such recommendations, and may submit proposed legislation to the General Assembly on matters within the purview of the council.

(c) The council may convene advisory groups of representatives of the construction industry, including but not limited to, design professionals, construction contractors and subcontractors and union and nonunion construction trade workers, to provide information and advice to the council on matters relating to the management of Department of Public Works construction projects. The advisory groups may consider: (1) Client-agency relationships and customer satisfaction; (2) control of project costs and minimizing delays; (3) improving communication and increasing accountability in industry relations; (4) agency evaluation of design professional and contractor performance; (5) public works staff empowerment, development and accountability; and (6) any other matter relating to the management of Department of Public Works construction projects.

Sec. 18. Sections 4b-98, 4b-98a and 4b-99 of the general statutes are repealed.

Sec. 19. This act shall take effect from its passage.

Approved June 6, 1996. Effective June 6, 1996.

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