| 4 | 3 | | |
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| 5 | 4 | | SENATE BILL 307 |
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| 6 | 5 | | By Briggs |
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| 7 | 6 | | |
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| 8 | 7 | | |
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| 9 | 8 | | SB0307 |
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| 10 | 9 | | 001237 |
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| 11 | 10 | | - 1 - |
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| 12 | 11 | | |
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| 13 | 12 | | AN ACT to amend Tennessee Code Annotated, Title 12, |
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| 14 | 13 | | Chapter 3, Part 12, relative to construction project |
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| 15 | 14 | | delivery methods. |
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| 16 | 15 | | |
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| 17 | 16 | | BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF TENNESSEE: |
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| 18 | 17 | | SECTION 1. Tennessee Code Annotated, Title 12, Chapter 3, Part 12, is amended by |
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| 19 | 18 | | adding the following language as a new section: |
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| 20 | 19 | | (a) Notwithstanding another law to the contrary, a local government having a |
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| 21 | 20 | | population of one hundred thousand (100,000) or more, according to the 2020 or a |
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| 22 | 21 | | subsequent federal census, and having centralized purchasing with a full-time |
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| 23 | 22 | | purchasing agent, may use any project delivery method that the local government |
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| 24 | 23 | | determines most effectively meet the needs of the local government for the construction |
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| 25 | 24 | | of local projects or additions to existing buildings; provided, that all applicable purchasing |
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| 26 | 25 | | laws are followed. |
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| 27 | 26 | | (b) As used in this section: |
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| 28 | 27 | | (1) "Construction manager at-risk" means a project delivery system |
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| 29 | 28 | | where the construction manager, acting as the local government entity's general |
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| 30 | 29 | | contractor, is contracted to advise the designer and builder, and to deliver a |
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| 31 | 30 | | project within a guaranteed maximum price; |
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| 32 | 31 | | (2) "Design-bid-build" means the traditional project delivery method, |
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| 33 | 32 | | which customarily involves three (3) sequential project phases, being design, |
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| 34 | 33 | | procurement, and construction, and two (2) distinct contracts for the design and |
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| 35 | 34 | | construction phases; |
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| 36 | 35 | | |
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| 37 | 36 | | |
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| 38 | 37 | | - 2 - 001237 |
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| 39 | 38 | | |
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| 40 | 39 | | (3) "Design-build" means a construction project delivery method that |
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| 41 | 40 | | combines architectural and engineering design services with construction |
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| 42 | 41 | | performance under one (1) contract; |
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| 43 | 42 | | (4) "Design-build-finance-operate" means an alternate project delivery |
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| 44 | 43 | | method whereby a private sector party is awarded a contract to design, |
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| 45 | 44 | | construct, finance, and operate a capital project; |
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| 46 | 45 | | (5) "Local government" means a county, municipality, metropolitan |
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| 47 | 46 | | government, town, utility district, utility authority, local education agency, or other |
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| 48 | 47 | | local governmental entity; and |
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| 49 | 48 | | (6) "Project delivery method" means any of the following construction |
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| 50 | 49 | | contracting methods: |
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| 51 | 50 | | (A) Construction manager at-risk; |
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| 52 | 51 | | (B) Design-bid-build; |
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| 53 | 52 | | (C) Design-build; or |
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| 54 | 53 | | (D) Design-build-finance-operate. |
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| 55 | 54 | | SECTION 2. This act takes effect upon becoming a law, the public welfare requiring it. |
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