CHAPTER 141
HB 1349 - FINAL VERSION
10Mar2016... 0847h
20Apr2016... 1895EBA
2016 SESSION
\t16-2472
\t09/10
HOUSE BILL\t1349
AN ACT\t relative to the Merrimack county superior court.
SPONSORS:\tRep. Schuett, Merr. 20; Rep. D. McGuire, Merr. 21; Rep. Shurtleff, Merr. 11; Rep. MacKay, Merr. 14; Rep. Myler, Merr. 10; Rep. Alicea, Merr. 8; Rep. Doherty, Merr. 20; Rep. Luneau, Merr. 10; Rep. Karrick, Merr. 25; Rep. Carson, Merr. 7
COMMITTEE:\tPublic Works and Highways
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AMENDED ANALYSIS
\tThis bill reduces a capital budget appropriation for a new courthouse for the Merrimack county superior court and eliminates the capital budget requirement that the Merrimack county superior court be sited on state lands adjacent to the supreme court.
\tThe bill also establishes certain requirements for the acquisition of courthouse property and construction of the courthouse.
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Explanation:\tMatter added to current law appears in bold italics.
\t\tMatter removed from current law appears [in brackets and struckthrough.]
\t\tMatter which is either (a) all new or (b) repealed and reenacted appears in regular type.
10Mar2016... 0847h
20Apr2016... 1895EBA\t16-2472
\t09/10
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Sixteen
AN ACT\t relative to the Merrimack county superior court.
Be it Enacted by the Senate and House of Representatives in General Court convened:
\t141:1 2015 Capital Budget; Merrimack County Superior Court; Location. Amend 2015, 220:1, II, D to read as follows:
\t\t\t\tD. Court Facilities
\t\t\t\t\t1. Merrimack County Superior Court
\t\t\t\t\t - New Courthouse *\t[16,600,000]15,700,000
\t\t\t\t\t2. Hampton Circuit Court, Architectural/Engineering\t300,000
\t\t\t\t\t3. Milford Circuit Court, Architectural/Engineering\t255,500
\t* The location for the siting of the Merrimack county superior court facility shall be in Concord on [state lands adjacent to the supreme court] a parcel appropriate to contain the court building and associated parking.
\t141:2 2015 Capital Budget; Merrimack County Superior Court; New Courthouse. The appropriation made in 2015, 220:1, II, D, 1 shall be subject to the following:
\t\tI. Notwithstanding any other provision of law, the state, through the department of administrative services, shall be permitted to enter into an agreement to acquire property from Merrimack county on North Main Street in the city of Concord, containing a new courthouse and no less than 150 dedicated parking spaces, by warranty deed, for no more than $15,700,000.
\t\tII. The courthouse shall be constructed in compliance with the current division of public works design and construction standards and the minimum standards for all courts, adopted by the New Hampshire court accreditation commission, and at a minimum, shall satisfy the Merrimack County Courthouse Design and Space Planning study by SMRT, Inc., dated May 29, 2014.
\t\tIII. The state shall have the right to review and reject the design plans and specifications provided by the county, or its designee, at regular intervals agreed to by the state and county.
\t\tIV. The price of the new courthouse shall include compensation to the department of administrative services, or its designee, in the amount of $175,000 to support 2 full-time clerk of the works positions for the project, $25,000 to support an on-call architect for the project, $25,000 to pay the current architect, SMRT, Inc., for its work on the project, and $350,000 for furniture and equipment. Said amounts shall be held back from the final purchase price paid by the state to the county.
\t\tV. Until the new courthouse is completed and the existing courthouse is fully renovated, the clerk of the Merrimack superior court, or designee, shall have the authority to order a stop to any and all construction activities that, in the opinion of the clerk, interfere with the regular operation of the court. The county shall be solely responsible for any costs and delays associated with stop work orders issued pursuant to the clerk's authority.
\t\tVI. Merrimack county shall provide a property description and title history for the property to be transferred to the state within 90 days of the execution of an agreement. The county shall be responsible for all surveys, subdivision approvals, and all other approvals necessary to effectuate the transfer of the property from the county to the state.
\t\tVII. The plans and specifications for this project shall be reviewed and approved by the state fire marshal.
\t\tVIII. The state shall have the right to terminate the agreement without penalty prior to the state's acceptance of the final design documents and specifications; provided that the state shall not be arbitrary or capricious in exercising such right, and shall act in accordance with the implied covenant of good faith and fair dealing.
\t\tIX. During the construction of the courthouse and associated activities, the county shall provide the state with full access to the construction site and project meetings and shall allow the state the opportunity to review and reject any work performed.
\t\tX. The county shall provide a one-year warranty on the work performed related to the courthouse and shall transfer all product warranties to the state.
\t\tXI. The state's payment obligations under the agreement shall be as follows: 95 percent of the purchase price set forth in paragraph I, less compensation to the state set forth in paragraph IV, shall be due to the county on the date of substantial completion of the entire project, including the demolition of the so-called registry building. The remaining 5 percent of the purchase price shall be due at the time of the state's final acceptance of the project. For purposes of this section, the date of substantial completion shall mean the date on which the county conveys its property to the state.
\t\tXII. The county shall defend and indemnify the state from any and all claims arising out of or alleged to have arisen out of the construction project.
\t\tXIII. In the event that the state and county do not come to an agreement for the purchase of the courthouse and property or in the event that the agreement is terminated prior to acceptance of the final design, the state may use this appropriation to construct the courthouse facility on state lands next to the supreme court.
\t141:3 Effective Date. This act shall take effect upon its passage.
Approved: May 27, 2016
Effective Date: May 27, 2016