Bill Summary for H 857 (2013-2014)

Summary date: 

Jul 17 2013

Bill Information:

View NCGA Bill Details2013-2014 Session
House Bill 857 (Public) Filed Thursday, April 11, 2013
A BILL TO BE ENTITLED AN ACT AUTHORIZING PUBLIC CONTRACTS TO UTILIZE THE DESIGN BUILD METHOD OR PUBLIC PRIVATE PARTNERSHIP CONSTRUCTION CONTRACTS.
Intro. by Arp, Bryan, Moffitt, Hager.

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Bill summary

Senate committee substitute to the 4th edition makes the following changes.

Amends a whereas clause.

Amends GS 143-64.31 to add to the information that public entities contracting with a construction-manager-at-risk, design builder, or private developer under a public-private partnership must report to include a detailed explanation of why the particular delivery method was used in lieu of separate prime bidding, single prime bidding, or dual bidding, and the anticipated benefits to the public entity from using the delivery method. Adds that a public body letting a contract pursuant to construction-management-at-risk contracts, design-build contracts, design-build bridging contracts, or public-private partnership construction contracts must submit the required report no later than 12 months from the date that the public body takes beneficial occupancy of the project.

Amends new GS 143-128.1A to add to the criteria that a governmental entity must establish for determining the circumstances under which the design build method is appropriate the criteria used by the governmental entity, including a comparison of the costs and benefits of using the design-build delivery method for a project instead of separate prime bidding, single prime bidding, or construction-management-at-risk contracts.

Amends GS 143-128.1B to define first tier subcontractor as one who contracts directly with the design builder, (was, design builder or general contractor). Defines design builder as an appropriately licensed person, corporation, or entity that, under a single contract, offers to provide or provides design services and general contracting services where services within the scope of the practice of professional engineering or architecture are performed respectively by a licensed engineer or licensed architect and where services within the scope of the practice of general contracting are performed by a licensed general contractor. Adds to the criteria that a governmental entity must establish for determining the circumstances under which engaging a design criteria design professional is appropriate for a project to include a comparison of the costs and benefits of using the design build delivery method for a project instead of separate prime bidding, single prime bidding, or construction-management-at-risk contracts.

Amends GS 115C-521 to allow a local board of education to use prototype designs from the clearinghouse in GS 115C-521(e) that is a previously approved and constructed project by the School Planning Division of the State Board of Education and other appropriate review agencies. Allows contracting with the architect of record to changes and upgrades necessary for regulatory approval.

Establishes a Purchase and Contract Study Committee to study the issue of pre-qualification on public non-transportation construction work for local and state government projects. Establishes four issues to be studied. Requires a report to the General Assembly on or before the convening of the 2014 Session of the 2013 General Assembly.

Changes the effective date of the act from October 1, 2013, to 30 days after the act becomes law. Clarifies that the act does not supersede any prior enacted local act of the General Assembly enacted on or before July 1, 2013.

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