UNAPPROVED DRAFT BILL -- Subject to Change Without Notice!
BILL NO.
INTRODUCED BY
(Primary Sponsor)BY REQUEST OF THE DEPARTMENT OF TRANSPORTATION
A BILL FOR AN ACT ENTITLED: "AN ACT CREATING AN INTERIM COMMITTEE TO STUDY THE FEASIBILITY OF IMPLEMENTING DESIGN-BUILD AND WARRANTY CONTRACTING PILOT PROGRAMS FOR ROAD AND BRIDGE CONSTRUCTION; PROVIDING AN APPROPRIATION; AND PROVIDING AN EFFECTIVE DATE AND A TERMINATION DATE."
WHEREAS, the Federal Highway Administration (FHWA) has recommended the use of nontraditional, innovative contracting practices that have the potential for enhancing the quality of our highways; and
WHEREAS, the Intermodal Surface Transportation Efficiency Act of 1991 (ISTEA) permitted a state to exempt itself from FHWA oversight for federal-aid projects located off the National Highway System; and
WHEREAS, for projects falling under the above conditions, warranty clauses may be used in accordance with state procedures; and
WHEREAS, warranties have been successfully used by some states on nonfederal road and bridge construction projects to protect investments from early failure; and
WHEREAS, the design-build method of contracting for road and bridge construction allows the contractor maximum flexibility for innovation in the selection of design, materials, and construction methods; and
WHEREAS, from the contracting agency's perspective, the design-build method of contracting for road and bridge construction has been shown to provide a significant timesavings benefit.
NOW THEREFORE BE IT RESOLVED, that the Legislature finds it appropriate that an interim committee be established to develop and, if appropriate, implement design-build and warranty contracting pilot programs for road and bridge construction projects funded through the Department of Transportation.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MONTANA:
NEW SECTION. Section 1. Design-build and warranty contracting pilot program study committee -- membership -- meetings -- purpose -- expense reimbursement. (1) There is an interim design-build and warranty contracting pilot program committee composed of nine members. The members must include:
(a) two members of the house of representatives, one from each party, appointed by the speaker of the house;
(b) two members of the senate, one from each party, appointed by the committee on committees;
(c) the director of the department of transportation;
(d) the chief engineer of the department of transportation;
(e) a representative of the Montana contractors' association, appointed by the president of the association;
(f) a consultant engineer, appointed by the consulting engineers council of Montana; and
(g) a member of the general public, appointed by the governor.
(2) A vacancy occurring on the committee must be filled in the same manner as the original appointment.
(3) The members of the committee shall select a presiding officer from among the members.
(4) The presiding officer shall schedule meetings and shall direct the staff of the department of transportation to give notice of the time and place of meetings to the committee members and to the public.
(5) The purpose of the committee is to study the feasibility of implementing design-build and warranty contracting pilot programs for road and bridge construction projects.
(6) The committee is attached to the department of transportation for administrative and staffing purposes.
(7) (a) Except as provided in subsection (7)(b), members of the committee must be reimbursed in accordance with 2-18-501 through 2-18-503 for actual and necessary expenses incurred in attending meetings or conducting committee business.
(b) Legislators serving on the committee must be reimbursed and compensated, as provided in 5-2-302, for actual and necessary expenses incurred in attending meetings or conducting committee business.
NEW SECTION. Section 2. Powers and duties -- progress report. (1) If determined to be feasible, the interim design-build and warranty contracting pilot program committee shall:
(a) develop two road or bridge design-build and contracting pilot programs for implementation by the department of transportation over the next 6 years; and
(b) establish a warranty contracting pilot program for road and bridge construction projects for implementation by the department of transportation over the next 6 years.
(2) The committee shall submit a written report to the office of budget and program planning and to the legislative finance committee no later than September 15, 2002, that must include a progress report on the implementation of the pilot programs.
NEW SECTION. Section 3. Appropriation. There is appropriated $10,000 from the highways special revenue account to the department of transportation for the biennium ending June 30, 2003, for the operating expenses and personnel expenses of the interim design-build and warranty contracting pilot program committee.
NEW SECTION. Section 4. Effective date. [This act] is effective July 1, 2001.
NEW SECTION. Section 5. Termination. [This act] terminates June 30, 2003.
- END -
Latest Version of LC 443 (LC0443.01)
Processed for the Web on November 24, 2000 (8:19AM)
New language in a bill appears underlined, deleted material appears stricken.
Sponsor names are handwritten on introduced bills, hence do not appear on the bill until it is reprinted. See the status of this bill for the bill's primary sponsor.
Status of this Bill | 2001
Legislature | Leg. Branch Home
This bill in WP 5.1 | All versions of all bills in WP 5.1
Authorized print version w/line numbers (PDF format)
(406)444-3064