28-143

28-143. Heavy and commuter rail; construction;
definitions

A. For each heavy rail or commuter rail project, the licensed contractor performing
the construction shall perform, with the contractor's own organization, construction work
on the rail component that amounts to not less than thirty per cent of the contract price
for construction of the rail component.

B. The thirty per cent self-performance requirement of subsection A of this section
does not apply if the contract price for construction of the rail component is less than
one-half of the total contract price for construction of the heavy rail or commuter rail
project.

C. Project elements shall not be artificially added to a project to make a project
into a heavy rail or commuter rail project. Project elements shall not be artificially
deleted from a project to make a project not a heavy rail or commuter rail project.

D. The department may include in any heavy rail or commuter rail project:

1. Rail components.

2. Stations, maintenance or repair facilities, operations centers, office buildings
or parking facilities related to heavy rail or commuter rail.

E. If any monies for a heavy rail or commuter rail project are provided by the
federal government, any requirement or other provision of this section does not apply to
the heavy rail or commuter rail project if the requirement or provision is in conflict
with any requirement of federal law, regulation or policy, the federal government or the
federal funding agency.

F. For the purposes of this section, in determining the contract price for
construction of all or any part of a heavy rail or commuter rail project, the contract
price for construction does not include the cost of preconstruction services or design
services, as defined in section 28-7361, any other related services or the cost to
procure any right-of-way or other cost of condemnation.

G. This section applies to the design-bid-build, design-build,
construction-manager-at-risk and job-order-contracting project delivery methods.

H. For the purposes of this section:

1. "Heavy rail or commuter rail project" means a department facilities project for
heavy rail or commuter rail, including any rail component and any stations, maintenance
or repair facilities, operations centers, office buildings or parking facilities relating
to heavy rail or commuter rail.

2. "Rail component" means the part of a heavy rail or commuter rail project related
to the track and operation of trains on the track, including the rails, ties, track bed,
subgrade, excavations, dirt, rock and other materials removal and buildup, signals and
communications equipment, highway crossings and crossing gates and signals. Rail
component does not include any stations, maintenance or repair facilities, operations
centers, office buildings or parking facilities.