A bill

 

TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY ADDING SECTION 57-5-1710 SO AS TO PROVIDE THE DEPARTMENT OF TRANSPORTATION MAY ESTABLISH AND IMPLEMENT A PROJECT TO AWARD CONTRACTS USING THE "PHASE DESIGN-BUILD" PROJECT DELIVERY METHOD.

 

Be it enacted by the General Assembly of the State of South Carolina:

 

SECTION 1.  Article 11, Chapter 5, Title 57 of the S.C. Code is amended by adding:

 

    Section 57-5-1710. (A) As contained in this section, "Phase Design-Build" means a project delivery method that uses a stepped, or progressive qualifications-based selection process, followed by a progression to a contract price. The Department of Transportation must select the Phase Design-Build team exclusively on qualifications, without consideration of schedule or costs, which must deliver the project in two distinct phases with two separate contracts. The Phase Design-Build team is initially under contract for preconstruction activities including, but not limited to, developing preliminary designs, performing constructability reviews, and developing construction schedules and pricing. If the department and the Phase Design-Build team reach agreement on a guaranteed maximum construction cost, the department and the Phase Design-Build team will execute a second contract for completion of the preliminary designs and construction of the project.

    (B) The department may only award a contract under this section if the department:

       (1) determines the project cost is less than five hundred million dollars ($500,000,000);

       (2) determines that it is in the public's interest to use the Phase Design-Build project delivery method; and

       (3) prequalifies the prime contractor and lead designer firm that will be awarded the contract.

    (C) The department shall develop and implement Phase Design-Build guidelines prior to awarding contracts pursuant to this section.

 

SECTION 2.  This act takes effect upon approval by the Governor.

----XX----