§ 4b-51 — (Formerly Sec. 4-131). Alterations, repairs or additions to real assets. Selection of consultants for certain projects.

Connecticut § 4b-51

• Jurisdiction: Connecticut
• Title 4b: State Real Property
• Ch. 60: Construction and Alterations of State Buildings

Text

(a) The Commissioner of Administrative Services shall have charge and supervision of the remodeling, alteration, repair or enlargement of any real asset, except any dam, flood or erosion control system, highway, bridge or any mass transit, marine or aviation transportation facility, a facility of the Connecticut Marketing Authority, an asset of the Department of Agriculture program established pursuant to section 26-237a, or any building under the supervision and control of the Joint Committee on Legislative Management, involving an expenditure in excess of one million dollars, and except that: (1) The University of Connecticut shall have charge and supervision of the remodeling, alteration, repair, construction or enlargement of any project, as defined in subdivision (16) of section 10a-109c, notwithstanding the amount of the expenditure involved, and (2) (A) until June 30, 2028, (i) the Judicial Branch may have charge and supervision of the remodeling, alteration, repair, construction or enlargement of any real asset involving an expenditure of not more than three million dollars, (ii) each constituent unit of the state system of higher education may have charge and supervision of the remodeling, alteration, repair, construction or enlargement of any real asset involving an expenditure of not more than three million dollars, and (iii) the Military Department may have charge and supervision of the remodeling, alteration, repair, construction or enlargement of any real asset involving an expenditure of not more than three million dollars; and (B) on and after July 1, 2028, the maximum dollar amounts listed in subparagraphs (A)(i) to (A)(iii), inclusive, of this subdivision for which the Judicial Branch, each such constituent unit and the Military Department shall have charge and supervision of the remodeling, alteration, repair, construction or enlargement of real assets shall be adjusted in accordance with the provisions of subsection (b) of this section. In any decision to remodel, alter, repair or enlarge any real asset, the commissioner shall consider the capability of the real asset to facilitate recycling programs. (b) Not later than July 1, 2028, and annually thereafter, the Commissioner of Administrative Services shall (1) adjust the maximum dollar amounts listed in subparagraphs (A)(i) to (A)(iii), inclusive, of subdivision (2) of subsection (a) of this section by the percentage change in the Producer Price Index by Commodity: Construction (Partial) (WPU80), not seasonally adjusted, or its successor index, as calculated by the United States Department of Labor, over the preceding calendar year, rounded to the nearest multiple of one hundred dollars; and (2) post such adjusted dollar amounts on the Internet web site of the Department of Administrative Services. (c) No officer, department, institution, board, commission or council of the state government, except the Commissioner of Administrative Services, the Commissioner of Transportation, the Connecticut Marketing Authority, the Department of Agriculture for purposes of the program established pursuant to section 26-237a , the Joint Committee on Legislative Management, the Judicial Branch, a constituent unit of the state system of higher education or the Military Department as authorized in subsection (a) of this section, shall, unless otherwise specifically authorized by law, make or contract for the making of any alteration, repair or addition to any real asset involving an expenditure of more than one million dollars. (d) The plans necessary for any such remodeling, alteration, repair or enlargement of any state humane institution, as defined in section 17b-222 , shall be subject to the approval of the administrative head of such humane institution. (e) (1) Notwithstanding any provision of the general statutes, the Commissioner of Administrative Services may select consultants to be on a list established for the purpose of providing any consultant services. Such list shall be established as provided in sections 4b-56 and 4b-57 . The commissioner may enter into a contract with any consultant on such list to perform a range of consultant services or to perform a range of tasks pursuant to a task letter detailing services to be performed under such contract. (2) Notwithstanding any provision of the general statutes, the Commissioner of Administrative Services may (A) compile a list of architects, professional engineers and construction administrators for the limited purpose of providing consultant services for a particular program involving various projects for the construction of new buildings or renovations to existing buildings where such buildings are under the operation and control of either the Military Department or the Department of Energy and Environmental Protection, and (B) enter into a contract with any architect, professional engineer or construction administrator on such list for such limited purpose, except that the Adjutant General may perform the functions described in subparagraphs (A) and (B) of this subdivision for any such building under the operation and control of the Military Department. (3) As used in this subsection, “consultant” means “consultant” as defined in section 4b-55 , “consultant services” means “consultant services” as defined in section 4b-55 , and “program” means multiple projects involving the planning, design, construction, repair, improvement or expansion of specified buildings, facilities or site improvements, wherein the work (A) will be of a repetitive nature, (B) will share a common funding source that imposes particular requirements, or (C) would be significantly facilitated if completed by the same design professional or construction administrator. (f) Costs for projects authorized under subsection (c) of this section shall be charged to the bond fund account for the project for which such costs are incurred. The Department of Administrative Services shall develop procedures for expediting the administration of projects for alterations, repairs or additions authorized under said subsection. (g) Any state agency proposing to remodel, alter or enlarge any real asset shall submit a statement to the commissioner demonstrating the capability of the real asset to facilitate recycling programs. See chapter 557, part III re state contracts. See Sec. 4a-60 re nondiscrimination clauses required in contracts. See Sec. 4b-101 re information on contractors and subcontractors to be provided to Commissioner of Revenue Services. See Sec. 13b-4 re certain transportation capital projects.

Legislative History

(1949 Rev., S. 203; March, 1950, S. 1899d; 1957, P.A. 150, S. 2; 457, S. 2; P.A. 73-488; P.A. 75-326; 75-365, S. 1; P.A. 77-614, S. 73, 610; P.A. 81-421, S. 2, 9; P.A. 82-114, S. 1, 2; 82-369, S. 17, 28; 82-438, S. 3, 6; P.A. 83-487, S. 23, 33; P.A. 84-48, S. 9, 17; P.A. 85-567, S. 1, 6; P.A. 87-496, S. 32, 110; 87-529, S. 1; P.A. 88-117, S. 3, 5; 88-231, S. 3; 88-291, S. 3, 6; P.A. 91-200, S. 2, 3; 91-230, S. 8, 17; P.A. 93-201, S. 4, 24; P.A. 95-230, S. 35, 45; P.A. 97-293, S. 19, 26; P.A. 98-235, S. 5; P.A. 99-75, S. 4; P.A. 01-172, S. 3; June 30 Sp. Sess. P.A. 03-6, S. 146(f); P.A. 04-189, S. 1; P.A. 07-213, S. 17; Sept. Sp. Sess. P.A. 09-7, S. 67; P.A. 11-51, S. 90; P.A. 13-247, S. 200; P.A. 14-188, S. 7; P.A. 16-110, S. 1; P.A. 22-26, S. 1; P.A. 23-205, S. 105.) History: P.A. 73-488 gave commissioner of transportation power to make or contract for real estate expenditures; P.A. 75-326 gave heads of humane institutions authority to approve or disapprove plans for changes to institutions under their control; P.A. 75-365 raised expenditures amount to $50,000, and required public works commissioner's approval of all contracts; P.A. 77-614 replaced public works commissioner with commissioner of administrative services; P.A. 81-421 excluded the supervision of the alteration of mass transit, marine or aviation transportation facilities from the duties of the commissioner; P.A. 82-114 increased amount from $50,000 to $100,000; P.A. 82-369 also increased the amount of expenditure involved from $50,000 or more to $100,000 or more and added provision that amount of expenditure involved in such an alteration, repair or addition made or contracted for by any such officer, department, institution, board, commission or council, may, with prior approval of said commissioner, exceed $100,000 up to a maximum of $250,000; P.A. 82-438 amended section to provide that commissioner of administrative services does not have charge and supervision of remodeling, alteration, repair or enlargement of state capitol building and to authorize legislative management committee to make or contract for alterations, repairs or additions to the capitol; P.A. 83-487 added exception for Connecticut marketing authority and its facilities; P.A. 84-48 excepted any building under the supervision and control of the joint committee on legislative management, where previously exception was for state capitol building; P.A. 85-567 divided section into Subsecs., amended Subsec. (a) to permit departments and institutions to have charge and supervision over and to contract for alterations, repairs and additions involving expenditures of up to $250,000, where previously the limit was $100,000 and added a Subsec. (d) re selection of architects and engineers, maximum fees for technical services and expedited project administration; P.A. 87-496 replaced commissioner and department of administrative services with commissioner and department of public works; P.A. 87-529 amended Subsecs. (a) and (b) to provide that each constituent unit of the state system of higher education have charge and supervision of the remodeling, alteration, repair or enlargement of any real asset involving an expenditure of not more than $500,000; P.A. 88-117 added an exception to the fee limit in Subsec. (d) for projects of constituent units and made a technical change in Subsec. (e); P.A. 88-231 amended Subsec. (a) by requiring commissioner to consider capabilities of real assets to facilitate recycling programs and added Subsec. (e) requiring statements by agencies proposing to remodel, alter or enlarge real assets demonstrating the capability of such real assets to facilitate recycling; P.A. 88-291 amended Subsecs. (a) and (b) by adding the exception for the department of agriculture program established pursuant to Sec. 26-237a; Sec. 4-131 transferred to Sec. 4b-51 in 1989; P.A. 91-200 amended Subsec. (a) to exclude from commissioner's authority the control of any “dam, flood or erosion control system”; P.A. 91-230 in Subsec. (a) added “construction” and changed $500,000 to $1,000,000 in the exception concerning the constituent units of the state system of higher education and in Subsec. (d) changed $50,000 to $150,000; P.A. 93-201 amended Subsec. (a) to increase the expenditure limit for a constituent unit from $1,000,000 to $2,000,000 and amended Subsec. (d) to increase the fee limit for projects of a constituent unit from $150,000 to $300,000, effective July 1, 1993; P.A. 95-230 amended Subsec. (a) to add exception for The University of Connecticut, effective June 7, 1995; P.A. 97-293 made a technical change in Subsec. (a), effective July 1, 1997; P.A. 98-235 amended Subsec. (d) by substituting “consultants” for “architects and engineers”, “consultant services” for “architectural and engineering technical services” and $50,000 for $25,000 and adding the definitions of “consultant” and “consultant services”; P.A. 99-75 substituted $500,000 for $250,000 in Subsecs. (a) and (b); P.A. 01-172 amended Subsec. (d) to designate existing provisions as Subdiv. (1), making a technical change therein, and add Subdiv. (2) re applications and advertisements for consultants; June 30 Sp. Sess. P.A. 03-6 replaced Department of Agriculture with Department of Agriculture and Consumer Protection, effective July 1, 2004; P.A. 04-189 repealed Sec. 146 of June 30 Sp. Sess. P.A. 03-6, thereby reversing the merger of the Departments of Agriculture and Consumer Protection, effective June 1, 2004; P.A. 07-213 amended Subsec. (d) to authorize commissioner to select consultants in accordance with Secs. 4b-56 and 4b-57 and enter into a contract with any such consultant to perform a range of consultant services or tasks, make technical changes and delete former Subdiv. (2) re application process for inclusion on consultant list, effective July 1, 2007; Sept. Sp. Sess. P.A. 09-7 amended Subsec. (a) to add Subdiv. (1) re Judicial Branch supervision and insert Subdiv. designators (2) and (3) and amended Subsec. (b) to insert reference to Judicial Branch, effective October 5, 2009; pursuant to P.A. 11-51, “Commissioner of Public Works” and “Department of Public Works” were changed editorially by the Revisors to “Commissioner of Construction Services” and “Department of Construction Services”, respectively, effective July 1, 2011; pursuant to P.A. 13-247, “Commissioner of Construction Services” and “Department of Construction Services” were changed editorially by the Revisors to “Commissioner of Administrative Services” and “Department of Administrative Services”, respectively, effective July 1, 2013; P.A. 14-188 amended Subsec. (d) to designate provisions re consultant selection as Subdiv. (1), to insert Subdiv. (2) re contracts with architects, professional engineers and construction administrators, to designate definitions as Subdiv. (3) and to add definition of “program” therein, effective July 1, 2014; P.A. 16-110 amended Subsec. (a) to add Subdiv. (4) re Military Department charge and supervision, amended Subsec. (b) to add “or the Military Department” and amended Subsec. (d)(2)(B) to add provision re exception permitting Adjutant General to perform certain functions, effective June 3, 2016; P.A. 22-26 amended Subsec. (a)(1) to increase the expenditure limit for the Judicial Branch from $1,250,000 to $2,000,000, effective May 10, 2022; P.A. 23-205 amended Subsec. (a) by increasing expenditure amount of Joint Committee on Legislative Management from $500,000 to $1,000,000, designating existing provisions re The University of Connecticut as Subdiv. (1) instead of Subdiv. (3), redesignating existing Subdivs. (1), (2) and (4) as Subdiv. (2)(A)(i) to (iii) and amending same to increase expenditure amounts from $2,000,000 to $3,000,000, adding Subdiv. (2)(B) re requirement for adjustment of maximum dollar amounts, added new Subsec. (b) re method and posting of adjustment of maximum dollar amounts, redesignated existing Subsec. (b) as Subsec. (c) and amended same to increase amount from $500,000 to $1,000,000, redesignated existing Subsecs. (c) to (f) as Subsecs. (d) to (g) and made conforming changes, effective July 1, 2023. Annotations to former section 4-131: Under former statute, “real assets” do not include highways and bridges. 124 C. 33. Cited. 140 C. 124; 190 C. 212.