House Bill NO. 295

By Representative(s) Davis, Fillingane, Frierson, Lott, Moak, Pierce, Reynolds, Stringer, Warren

AMEND by inserting the following language after line 492:

(xxvii) Procurement of design and construction service by the University of Southern Mississippi for parking structures. This section does not restrict the right of the Board of Trustees of State Institutions of Higher Learning to award privately financed contracts for the design and construction of parking structures on the campus of the university as provided in Section 32-101-44.

AMEND further by inserting the following language after line 633 and renumbering the succeeding section:

SECTION 2. The following shall be codified as Section 37-101-44, Mississippi Code of 1972:

37-101-44. (1) In lieu of exercising the authority set forth in Section 37-101-43 and before entering into or awarding any lease under Section 37-101-41, the Board of Trustees of State Institutions of Higher Learning may award contracts to a single entity for privately financed design and construction of parking structures, provided that the entities receiving the contract or contracts and those entities to which work or services are subcontracted are duly licensed and qualified in the state to perform the contract or contracts. State General Fund appropriations or bonds backed by the state may not be used to finance the construction or maintenance of any such parking structures.

(2) Such a design-build delivery system may be authorized only when the Board of Trustees of State Institutions of Higher Learning makes a determination, entered on its minutes, with specific findings for the project demonstrating how it is in the best interest of the public to enter into a design-build contract.

(3) All facilities that are governed by this section shall be designed and constructed to equal or exceed the Southern Building Code Standards in force at the time of contracting. In addition, all private contractors or private entities contracting or performing under this section must comply at all times with all applicable laws, codes and other legal requirements pertaining to the project.

(4) (a) A public official or employee of a state agency who has duties or responsibilities related to the contracting, constructing, leasing, acquiring or operating of a facility under this section may not become an employee, consultant or contract vendor to a private entity providing such facility or services to the state for a period of one (1) year after the date of termination of his service or employment.

(b) Any person violating this subsection shall be guilty of a misdemeanor and punished by a fine of not less than Five Hundred Dollars ($500.00) nor more than One Thousand Dollars ($1,000.00).

SECTION 3. Section 37-101-43, Mississippi Code of 1972, is amended as follows:

37-101-43. Except as otherwise authorized under Section 37-101-44, before entering into or awarding any such lease contract under the provisions of Section 37-101-41, the Board of Trustees of State Institutions of Higher Learning, in its discretion, may cause the interested state-supported institution upon which a facility is proposed to be constructed to select and submit three (3) architects to the board. Thereupon, the board may approve and employ an architect, who shall be paid by the interested institution from any funds available to the interested institution. The architect, under the direction of the interested institution, shall prepare complete plans and specifications for the facility desired to be constructed on the leased property.

Upon completion of the plans and specifications and the approval thereof by the board, and before entering into any lease contract, the board shall cause to be published once a week for at least three (3) consecutive weeks and not less than twenty-one (21) days in at least one (1) newspaper having a general circulation in the county in which the interested institution is located and in one (1) newspaper with a general statewide circulation, a notice inviting bids or proposals for the leasing, construction and leasing back of the land and constructed facility, which facility must be constructed in accordance with the plans and specifications. The notice shall distinctly state the thing to be done, and invite sealed proposals, to be filed with the board, to do the thing to be done. The notice shall contain the following specific provisions, together with such others as the board, in its discretion, deems appropriate, to wit: bids shall be accompanied by a bid security evidenced by a certified or cashier's check or bid-bond payable to the board in a sum of not less than five percent (5%) of the gross construction cost of the facility to be constructed, as estimated by the board, and the bids shall contain proof satisfactory to the board of interim and permanent financing. The board shall state in the notice when construction shall commence. The bid shall contain the proposed contractor's certificate of responsibility number and bidder's license. In all cases, before the notice shall be published, the plans and specifications shall be filed with the board and also in the office of the president of the interested institution, there to remain.

The board shall award the lease contract to the lowest and best bidder, who will comply with the terms imposed by the contract documents. At the time of the awarding of the lease contract, the successful bidder shall enter into bond with sufficient sureties, to be approved by the board, in such penalty as may be fixed by the board, but in no case to be less than the estimated gross construction cost of the facility to be constructed as estimated by the board, conditioned for the prompt, proper and efficient performance of the contract. The bond shall be made by an authorized corporate surety bonding company. The * * * bid security herein provided for shall be forfeited if the successful bidder fails to enter into lease contract and commence construction within the time limitation set forth in the notice. At such time, and simultaneously with the signing of the contract, the successful bidder shall deposit a sum of money, in cash or certified or cashier's check, not less than the bid security previously deposited as bid security to reimburse the interested institution for all sums expended by it for architectural services and other expenditures of the board and interested institution connected with the bidded lease contract, of which such other anticipated expenditures notice is to be given to bidder in the notice. The bid security posted by an unsuccessful bidder shall be refunded to him.

SECTION 4. Section 37-101-41, Mississippi Code of 1972, is amended as follows:

37-101-41. The Board of Trustees of State Institutions of Higher Learning is * * * authorized and empowered to lease to private individuals or corporations, for a term not exceeding thirty-one (31) years, any land at any of the following state-supported institutions: the University of Mississippi, Mississippi State University of Agriculture and Applied Science, Jackson State University, Mississippi Valley State University, Alcorn State University, University of Southern Mississippi, Mississippi University for Women and Delta State University, for the purpose of erecting parking structures thereon for active faculty and students. The parking structures shall be constructed thereon by private financing, and shall be leased back to the board for use by the concerned state-supported institution of higher learning. The lease shall contain a provision permitting the board to purchase the parking structure located thereon for the sum of One Dollar ($1.00) after payment by the board of all sums of money due under said lease.

AMEND further the title on line 3 by inserting the following after the word "BIDS" and before the semicolon:

"AND TO EXEMPT FROM STATE BID REQUIREMENTS CONTRACTS FOR THE DESIGN AND CONSTRUCTION OF PARKING STRUCTURES ENTERED INTO WITH A SINGLE ENTITY BY THE BOARD OF TRUSTEES OF STATE INSTITUTIONS OF HIGHER LEARNING; TO CREATE A NEW SECTION 37-101-44, MISSISSIPPI CODE OF 1972, TO AUTHORIZE THE BOARD OF TRUSTEES TO CONTRACT WITH A SINGLE ENTITY FOR THE DESIGN AND CONSTRUCTION OF PARKING STRUCTURES; TO AMEND SECTION 37-101-43, MISSISSIPPI CODE OF 1972, IN CONFORMITY THERETO; TO AMEND SECTION 37-101-41, MISSISSIPPI CODE OF 1972, TO AUTHORIZE THE BOARD OF TRUSTEES TO LEASE LAND AT CERTAIN INSTITUTIONS FOR THE CONSTRUCTION OF PARKING STRUCTURES BY PRIVATE FINANCING"