North Dakota 2025-2026 Regular Session

North Dakota House Bill HB1445 Compare Versions

Version 1 (Old)

Version 2 (New)

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	1	+	25.0714.01000
2	2		Sixty-ninth
3	3		Legislative Assembly
4	4		of North Dakota
5	5		Introduced by
6	6		Representatives Brandenburg, Beltz, Grueneich, Kempenich, O'Brien, Pyle, VanWinkle
7	7		Senators Erbele, Patten, Wanzek, Weber
8	8		A BILL for an Act to amend and reenact sections 48-01.2-01 and 48-01.2-02.1 of the North
9	9		Dakota Century Code, relating to the definition of a pre-engineered structure and the threshold
10	10		for procuring plans, drawings, and specifications from an architect or engineer for construction
11	11		of a public improvement.
12	12		BE IT ENACTED BY THE LEGISLATIVE ASSEMBLY OF NORTH DAKOTA:
13	13		SECTION 1. AMENDMENT. Section 48-01.2-01 of the North Dakota Century Code is
14	14		amended and reenacted as follows:
15	15		48-01.2-01. Definitions.
16	16		In this chapter, unless the context otherwise requires:
17	17		1."Agency construction management" means a public improvement delivery method
18	18		through which a person provides to a governing body experienced construction
19	19		management services, including ideas on constructability, documentation of design
20	20		and construction, and coordination of project schedules.
21	21		2."Architect" means an individual registered as an architect under chapter 43-03.
22	22		3."Common ownership" means a shared management or ownership interest in two or
23	23		more entities.
24	24		4."Construction" means the process of building, altering, repairing, improving, or
25	25		demolishing any public structure or building or other improvement to any public
26	26		property. The term does not include the routine operation or maintenance of existing
27	27		facilities, structures, buildings, or real property or demolition projects costing less than
28	28		the threshold established under section 48-01.2-02.1.
29		-	Page No. 1 25.0714.02000
30		-	ENGROSSED HOUSE BILL NO. 1445
31		-	FIRST ENGROSSMENT
	29	+	5."Construction administration" means administrative services provided by a governing
	30	+	body or an architect, a landscape architect, or an engineer, and includes providing
	31	+	clarifications, submittal review, recommendations for payment, preparation of change
	32	+	Page No. 1 25.0714.01000
	33	+	HOUSE BILL NO. 1445
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54		-	5."Construction administration" means administrative services provided by a governing
55		-	body or an architect, a landscape architect, or an engineer, and includes providing
56		-	clarifications, submittal review, recommendations for payment, preparation of change
57	60		orders, and other administrative services included in the agreement with the architect,
58	61		landscape architect, or engineer. The term does not include supervision of the
59	62		construction activities for the construction contracts.
60	63		6."Construction management at-risk" means a public improvement delivery method
61	64		through which a construction manager provides advice to the governing body during
62	65		the planning and design phase of a public improvement, negotiates a contract with the
63	66		governing body for the general construction bid package of the public improvement,
64	67		and contracts with subcontractors and suppliers for the actual construction of the
65	68		public improvement.
66	69		7."Construction manager" means a contractor licensed under chapter 43-07 or an
67	70		individual employed by a licensed contractor which has the expertise and resources to
68	71		assist a governing body with the management of the design, contracting, and
69	72		construction aspects of a public improvement.
70	73		8."Construction observation" means observation of construction work and site visits by
71	74		an architect, a landscape architect, or an engineer to assist the governing body in
72	75		determining that the work conforms in general to the requirements of the construction
73	76		contract and that the contractor has implemented and maintained the integrity of the
74	77		design concept of a project as a functioning whole as indicated in the construction
75	78		contract.
76	79		9."Contract" means a type of agency agreement for the procurement of services under
77	80		this chapter.
78	81		10."Contractor" means any person, duly licensed, that undertakes or enters a contract
79	82		with a governing body for the construction or construction management of any public
80	83		improvement, including multiple prime contracts.
81	84		11."Design services" means architect services, engineer services, landscape architect
82	85		services, or surveyor services.
83	86		12."Design-bid-build" means a project delivery method in which design and construction
84	87		of the project are in sequential phases, and in which the first project phase involves
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	88	+	design services, the second project phase involves securing a contractor through a
	89	+	bidding process, and the third project phase provides for construction of the project by
	90	+	a contractor awarded the project.
	91	+	Page No. 2 25.0714.01000
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118		-	design services, the second project phase involves securing a contractor through a
119		-	bidding process, and the third project phase provides for construction of the project by
120		-	a contractor awarded the project.
121	124		13."Emergency situation" means a sudden generally unexpected occurrence that requires
122	125		immediate action to protect public health, safety, or property and which ends when the
123	126		immediate threat to public health, safety, or property ceases and services are restored.
124	127		The term does not include a lack of planning on the part of the governing body,
125	128		architect, engineer, landscape architect, or contractor.
126	129		14."Engineer" means an individual registered as an engineer under chapter 43-19.1.
127	130		15."General conditions" means the written portion of a contract setting forth the governing
128	131		body's minimum acceptable performance requirements, including the rights,
129	132		responsibilities, and relationships of the parties involved in the performance of the
130	133		contract.
131	134		16."Governing body" means the governing officer or board of a state entity or a political
132	135		subdivision.
133	136		17."Guaranteed maximum price" means the maximum amount a construction manager
134	137		at-risk may be paid under a contract to construct a public improvement.
135	138		18."Landscape architect services" means landscape architecture services governed
136	139		under chapter 43-03.
137	140		19."Lowest responsible bidder" means the lowest best bidder for the project considering
138	141		past experience, financial condition, past work with the governing body, and other
139	142		pertinent attributes that may be identified in the advertisement for bids.
140	143		20."Political subdivision" means a county, township, park district, school district, city, and
141	144		any other unit of local government which is created either by statute or by the
142	145		Constitution of North Dakota for local government or other public purposes.
143	146		21."Pre-engineered structure" means a building, excluding infrastructure regulated under
144	147		chapters 23.1 - 01 and 61 - 28.1, which has manufactured roof and wall components
145	148		sent to a construction site to be assembled on location, has plans and specifications
146	149		stamped by an architect or engineer, and is in compliance with state building code
147	150		requirements under chapter 54 - 21.3.
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	151	+	21.22."Public improvement" means any improvement undertaken by a governing body for
	152	+	the good of the public and which is paid for with any public funds, including public
	153	+	loans, bonds, leases, or alternative funding, and is constructed on public land or within
	154	+	an existing or new public building or any other public infrastructure or facility if the
	155	+	Page No. 3 25.0714.01000
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179	187		Legislative Assembly
180		-	21.22."Public improvement" means any improvement undertaken by a governing body for
181		-	the good of the public and which is paid for with any public funds, including public
182		-	loans, bonds, leases, or alternative funding, and is constructed on public land or within
183		-	an existing or new public building or any other public infrastructure or facility if the
184	188		result of the improvement will be operated and maintained by the governing body. The
185	189		term does not include a county road construction and maintenance, state highway, or
186	190		public service commission project governed by title 11, 24, or 38.
187	191		22.23."Subcontractor" means a person that contracts to perform work or render a service to
188	192		a contractor or to another subcontractor as part of a contract with a governing body.
189	193		SECTION 2. AMENDMENT. Section 48-01.2-02.1 of the North Dakota Century Code is
190	194		amended and reenacted as follows:
191	195		48-01.2-02.1. Public improvement construction threshold.
192	196		1.The threshold for bidding construction of a public improvement is two hundred
193	197		thousand dollars. The threshold for procuring plans, drawings, and specifications from
194	198		an architect or engineer for construction of a:
195	199		a.A public improvement is two hundred thousand dollars; or
196		-	b.A pre-engineered structure to be constructed as a public improvement is ~~two~~
197		-	~~hundred fifty thousand~~ dollars.
	200	+	b.A pre-engineered structure to be constructed as a public improvement is
	201	+	one million dollars .
198	202		2.Notwithstanding the thresholds in subsection 1, if the state or a political subdivision
199	203		undertakes the construction of a public improvement and there is reason to believe
200	204		that engineering or architectural services are necessary to protect the health, safety, or
201	205		welfare of the public, the state or political subdivision shall consider consulting with an
202	206		engineer or architect.
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