(a) Any town or regional school district that enters into a services agreement with a consultant to render independent architectural services for a project receiving state assistance pursuant to this chapter may, where necessary or desired, provide the consultant with instructions, guidance and directions in connection with the consultant's performance of such services. The consultant shall provide all labor, materials, supplies, tools, equipment and other facilities and necessary appurtenances or property for or incidental to such services requested by the town or regional school district to complete the school building project. As part of the services agreement, the consultant shall agree to perform such services as an independent contractor and in a good and workmanlike manner, consistent with: (1) Instructions, guidance and directions provided by the town or regional school district to the consultant; (2) the terms and conditions of the services agreement; (3) the highest prevailing applicable professional or industry standards; (4) sound architectural practices; and (5) any applicable laws, rules, regulations, ordinances, codes, orders and permits of all federal, state and local governmental bodies, agencies, authorities and courts having jurisdiction. Such services agreement shall not limit the liability of the consultant for errors and omissions related to the performance of the services.
(b) The consultant shall not use, publish, distribute, sell or divulge any information obtained from any town or regional school district through a services agreement for the consultant's own purposes or for the benefit of any person, firm, corporation or other entity without the prior, written consent of the town or regional school district that contracted for the services. Any reports or other work product prepared by the consultant while performing services under the services agreement shall be owned solely and exclusively by the town or regional school district that contracted for such services and the Department of Administrative Services and cannot be used by the consultant for any purpose beyond the scope of the services agreement without the prior written consent of the town or regional school district. Any information designated by the town or regional school district in accordance with applicable law as confidential shall not be disclosed to any third parties without the prior written consent of the town or regional school district that contracted for such services.
(c) For the purposes of subsections (a) and (b) of this section, “services agreement” means a written agreement between a consultant and a town or regional school district for the provision of independent architectural services for the purpose of a school building project for which the town or district is receiving state assistance pursuant to this chapter.
(d) Any town or regional school district that fails to adhere to the provisions of this section for a project for which the town or district receives state assistance pursuant to this chapter shall be assessed a ten per cent reduction in the amount of its grant approved pursuant to this chapter upon completion of an audit pursuant to section 10-287.
(P.A. 06-158, S. 10; P.A. 11-51, S. 90; P.A. 13-247, S. 200.)
History: P.A. 06-158 effective July 1, 2006; pursuant to P.A. 11-51, “Department of Education” was changed editorially by the Revisors to “Department of Construction Services” in Subsec. (b), effective July 1, 2011; pursuant to P.A. 13-247, “Department of Construction Services” was changed editorially by the Revisors to “Department of Administrative Services” in Subsec. (b), effective July 1, 2013.
Structure Connecticut General Statutes
Title 10 - Education and Culture
Chapter 173 - Public School Building Projects
Section 10-282. - Definitions.
Section 10-283. - Applications for grants for school building projects.
Section 10-283a. - Committee from General Assembly to review listing of eligible projects.
Section 10-283b. - School building projects for the Technical Education and Career System.
Section 10-283d. - Federal funds as part of local share for projects in a priority school district.
Section 10-285. - Acceptance or rejection of allotment.
Section 10-285a. - Percentage determination for school building project grants.
Section 10-285c. - Title reversion to the state.
Section 10-285d. - Projects related to full-day kindergarten programs or reduction in class size.
Section 10-285e. - Reimbursement for lease costs. Renovation project requirements.
Section 10-285f. - Design-build projects: Pilot program.
Section 10-285g. - Acoustical standards. Waiver.
Section 10-285h. - Projects for charter schools: Pilot program.
Section 10-286. - Computation of school building project grants.
Section 10-286a. - Grants for occupational training facilities.
Section 10-286c. - Establishment of criteria for building grants.
Section 10-286d. - Site-acquisition grant.
Section 10-286g. - Waiver of audit deficiencies.
Section 10-286h. - School building project grants for diversity schools.
Section 10-287a. - Lump sum payments. Advance payment of grants. Overpayment.
Section 10-287c. - Regulations.
Section 10-287d. - Bond issue for school building project grants.
Section 10-287e. - School Building Construction Fund.
Section 10-287f. - Renewal of temporary notes outstanding.
Section 10-287j. - Bond issue for funding interest subsidy grants.
Section 10-288. - Grants and loans to towns unable to complete projects.
Section 10-288a. - Replacement or relocation of secondary school associated with center.
Section 10-289. - Issuance of bonds for school building project.
Section 10-289a. - Short-term financing for school building projects.
Section 10-289d. - Definitions.
Section 10-289e. - Private academy project proposal, public hearing, referendum vote.
Section 10-289f. - Loans. Bond issues. Guaranties.
Section 10-289g. - Defaults in payment. Withholding of state aid.
Section 10-289h. - Central kitchen facility projects.
Section 10-290. - Advisory school planning service.
Section 10-290a. - Advisory services re school plant planning.
Section 10-290b. - Publication and distribution of information.
Section 10-290c. - Advisory committee.
Section 10-290d. - Conveyance of air space over schools.
Section 10-290e. - Services agreements. Requirements. Prohibitions.
Section 10-290f. - Standard school construction contracts. Guidance for projects.
Section 10-291. - Approval of plans and site. Expense limit.
Section 10-291a. - Code compliance improvements not required in certain situations.
Section 10-292c. - Definitions.
Section 10-292d. - Interest subsidy grants.
Section 10-292g. - Percentage determination for interest subsidy grants.
Section 10-292h. - Interest subsidy grants to incorporated or endowed high schools and academies.
Section 10-292i. - Computation of interest subsidy grants.
Section 10-292k. - Bond issue for interest subsidy grants.
Section 10-292l. - Certification of dates and amounts of interest subsidy grant payments.
Section 10-292n. - Default by municipality or private academy.
Section 10-292o. - Leasing of facilities by regional educational service centers; grants.
Section 10-292p. - School-based health clinic. Entrance requirement.
Section 10-292q. - School Building Projects Advisory Council.
Section 10-292r. - School safety infrastructure criteria.
Section 10-292s. - School building project safety assessment.
Section 10-292t. - Standard checklist for school building projects.