Bill Summary for S 495 (2017-2018)

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Summary date: 

Mar 29 2017

Bill Information:

View NCGA Bill Details2017-2018 Session
Senate Bill 495 (Public) Filed Wednesday, March 29, 2017
AN ACT TO PROVIDE AN EXEMPTION FROM CERTAIN STATE CONSTRUCTION OFFICE REQUIREMENTS FOR THE NORTH CAROLINA ZOOLOGICAL PARK.
Intro. by Gunn, Tillman.

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Bill summary

Amends GS 143-341(3), setting out the powers and duties of the Department of Administration pertaining to architecture and engineering, to add to the existing exception. Establishes that, except for subsubdivisions b., b1., e., and f., subdivision (3) does not apply to the NC Zoological Park Council and the Department of Natural and Cultural Resources with respect to projects at the NC Zoological park pursuant to GS 143B-135.214, enacted below.

Enacts GS 143B-135.214 to limit the exception for the NC Zoological Park set forth above in GS 143-341(3) to only those projects requiring the estimated expenditure of public money of $2 million or less.

Establishes that the NC Zoological Park Council (Council) and the Department of Natural and Cultural Resources (Department), with respect to the design, construction, or renovation of buildings, utilities, and other property developments of the Park that fall below the $2 million threshold, have the following four duties and powers: (1) to conduct fee negotiations for all design contracts and supervise the letting of all construction and design contracts; (2) to develop procedures governing the responsibilities of the Council and the Department to perform the duties of the Department of Administration under GS 133-1.1(d) and GS 143-341(3) (architectural and engineering provisions); (3) to develop procedures and reasonable limitations governing the use of open-end design agreements, subject to the State Building Commission's approval; and (4) to use existing plans and specifications of construction projects where feasible. Requires the Council and the Department to consult with the Department of Administration on the availability of existing plans and specifications and the feasibility of using them for a project prior to designing a project. 

Directs the Council and Department to use the standard contracts for design and construction currently in use for State capital improvement projects by the Office of State Construction of the Department of Administration.

Prohibits a contract from being divided for the purpose of evading the $2 million monetary limit under this statute.

Directs that the Department of Administration is not the awarding authority for contracts awarded under this statute.

Clarifies that the statute does not exempt any capital improvement projects from review and approval as may be required by law by the city or county having jurisdiction over the property.

Directs the Department to annually report to the State Building Commission (1) a list of projects governed by this statute, (2) the estimated cost of each project along with its actual cost, (3) the name of each person awarded a contract under this statute, and (4) whether the person or business awarded a contract under this statute meets the definition of minority business or minority person defined in GS 143-128.2(g).