Laserfiche WebLink
UNC <br />�Y SCHOOL aF GOVERNMENT <br />handling and opening bids and awarding contracts. While the construction manager <br />manages the project, plans and specifications must be drawn by a licensed architect <br />or engineer who contracts directly with the local government. The construction <br />manager at risk contract is covered by the Mini -Brooks Act and must be selected <br />using the QBS method unless the local government exempts itself. [G.S. 143-128.1, <br />G.S. 143-64.31, -32]14 <br />e. Design -Build (DB) and Design -Build Bridging (DBB) — Under these construction <br />delivery methods, the design -builder contracts to provide both design services <br />(architectural and engineering) and construction services under one contract. A <br />design -build contract is subject to a specific statutory RFQ process and the design - <br />builder is initially selected based on qualifications, not estimated costs of the <br />contract. Consistent with the Mini -Brooks Act (G.S. 143-64.31), contract costs can <br />only be negotiated after the best qualified design -builder is initially selected. [G.S. <br />143-128.1A] <br />A design -build bridging contract differs from a design -build contract in two primary <br />ways. First, the unit of government contracts separately with a project designer to <br />design 35% of the project and contracts with a design -builder to complete project <br />design and perform construction services. Second, the design -build contract is <br />awarded to the lowest responsive responsible bidder based on estimated costs of <br />performing general contract conditions, design services, and construction services. <br />Design -builders submit these cost estimates with their bids. [G.S. 143-128.1B] <br />Public -Private Partnership (P3) — Under this contracting method, the unit of <br />government contracts with a private developer to jointly develop a capital <br />construction project. The developer is selected based on qualifications through a <br />competitive RFQ process and is required to finance at least 50% of the project cost. <br />[G.S. 143-128.1C] <br />g. Alternative methods — Alternative construction methods are only allowed for <br />building construction and repair projects costing $300,000 or more if approved by <br />the State Building Commission or by legislative action. Alternative construction <br />methods can be used for building construction and repair projects costing less than <br />$300,000 as well as all non -building construction and repair projects regardless of <br />cost. [G.S. 143-128(al)(5), G.S. 143-135.26(9)] <br />2. HUB Participation Goals and Efforts15 — Local governments must establish an <br />appropriate verifiable goal for historically underutilized business participation in the <br />. The ability of a local government to exempt itself from the Mini -Brooks Act is limited to contracts with an <br />estimated fee of less than $50,000. <br />ss For more information on HUB requirements, see HUB Participation in Building Construction Contracting by N.0 <br />Local Governments: Statutory Requirements and Constitutional Limitations, by Norma R. Houston and Jessica <br />Jansepar Ross, LGLB No. 131, February 2013. http://soeoubs.unc.edu/elearonicversions/odfs/igibl3l.pdf <br />miter 1 \n <br />12 1 Construction Contracting Basic Legal Requirements Updated September 2013 <br />F-9 Page 88 <br />