HB263 (2005) Detail

Relative to the use of design build and construction management methods for state capital projects.


CHAPTER 55

HB 263 – FINAL VERSION

23Feb2005… 0266h

04/14/05 1038s

2005 SESSION

05-0597

10/01

HOUSE BILL 263

AN ACT relative to the use of design build and construction management methods for state capital projects.

SPONSORS: Rep. O'Neil, Rock 15; Rep. Rausch, Rock 5; Sen. Morse, Dist 22; Sen. Clegg, Dist 14

COMMITTEE: Public Works and Highways

AMENDED ANALYSIS

This bill allows the design build and construction management methods for state major capital projects with approval of preliminary plans by the capital budget overview committee. The bill also increases the cost amount for transportation improvement projects eligible for design build.

- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -

Explanation: Matter added to current law appears in bold italics.

Matter removed from current law appears [in brackets and struckthrough.]

Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

23Feb2005… 0266h

04/14/05 1038s

05-0597

10/01

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Five

AN ACT relative to the use of design build and construction management methods for state capital projects.

Be it Enacted by the Senate and House of Representatives in General Court convened:

55:1 New Paragraph; Definition Added. Amend RSA 228:1 by inserting after paragraph I the following new paragraph:

I-a. “Construction management” means a method of contracting where the state engages the services of a contractor to work with an architect or engineer. The contractor assumes risk for construction and is required to provide design phase consultation, including the evaluation of costs, schedules, implication of alternative designs, systems, and materials.

55:2 New Paragraph; Definitions Added. Amend RSA 228:1 by inserting after paragraph IV the following new paragraph:

IV-a. “Design build” means a method of contracting where the state engages the professional services of a single entity designer/builder who is responsible for the provision of the design and construction of a project. The designer/builder can be either a single firm or a team of architect, engineer, and builder. The designer/builder contracts directly with all subcontractors and is responsible for the delivery of the completed project.

55:3 Major Capital Projects; Transportation Improvement Projects. Amend RSA 228:4, I(g) to read as follows:

(g) Statewide transportation improvement program projects with a cost not to exceed [$1,000,000 and which are related to transportation enhancement, congestion mitigation and air quality, or intelligent transportation systems,] $5,000,000 may be developed and constructed utilizing the design build concept based on a request for proposal, provided that selection is based on an objective standard and measurable criteria for evaluation of the proposals. The commissioner shall report the results of any statewide transportation improvement program project using the design build concept to the capital budget overview committee within 90 days after the completion of the project.

55:4 Major Capital Projects; Design Build and Construction Management. Amend RSA 228:4, V to read as follows:

V. Notwithstanding any other provision of law, the commissioner is authorized to use the design build [method] and construction management methods of contracting for any buildings that are part of capital projects. The capital budget overview committee shall approve [all such] preliminary plans prior to construction.

55:5 Effective Date. This act shall take effect upon its passage.

(Approved: May 23, 2005)

(Effective Date: May 23, 2005)