SENATE BILL 97128
BY SENATORS Duke, Ament, Arnold, Coffman, Congrove, Dennis, Linkhart, Mutzebaugh, Powers, Tebedo, Rupert, and Weddig;
also REPRESENTATIVES Swenson, Owen, Allen, June,
Lamborn, Lawrence, May, McElhany, Salaz, Agler, Arrington, Dean,
Gotlieb, Morrison, Nichol, Pfiffner, Schwarz, and Tucker.
CONCERNING A PILOT PROGRAM TO ALLOW THE DEPARTMENT
OF TRANSPORTATION TO ENTER INTO CONTRACTS THAT REQUIRE A WARRANTY
FOR QUALIFIED HOT BITUMINOUS PAVEMENT PROJECTS.
Be it enacted by the General Assembly of the State
of Colorado:
SECTION 1. 431106,
Colorado Revised Statutes, 1993 Repl. Vol., as amended, is amended
BY THE ADDITION OF A NEW SUBSECTION to read:
431106. Transportation
commission powers and duties. (16) (a) THE
COMMISSION SHALL ESTABLISH A PILOT PROGRAM FOR THE WARRANTY OF
QUALIFIED HOT BITUMINOUS PAVEMENT PROJECTS. THE PILOT PROGRAM
SHALL BEGIN NO LATER THAN JULY 1, 1997, AND SHALL END JULY 1,
2002, UNLESS EXTENDED BY THE GENERAL ASSEMBLY ACTING BY BILL.
THE COMMISSION IS HEREBY AUTHORIZED TO PREPARE CONTRACT SPECIFICATIONS
AND ENTER INTO CONTRACTS FOR QUALIFIED BITUMINOUS PAVEMENT PROJECTS
IN THE STATE AND REQUIRE CONTRACTORS TO WARRANT WORK ON SUCH PROJECTS
FOR A PERIOD NOT TO EXCEED THREE YEARS FOLLOWING THE COMPLETION
OF A QUALIFIED HOT BITUMINOUS PAVEMENT PROJECT. NO CONTRACTOR
SHALL BE HELD RESPONSIBLE UNDER A WARRANTY IMPOSED PURSUANT TO
THIS SUBSECTION (16) FOR PAVEMENT DISTRESSES THAT ARE CAUSED BY
FACTORS BEYOND THE CONTROL OF THE CONTRACTOR. NO CONTRACTOR SHALL
BE HELD RESPONSIBLE UNDER A WARRANTY IMPOSED PURSUANT TO THIS
SUBSECTION (16) UNLESS THE DEPARTMENT COMPLIES WITH THE CONDITIONS
STATED THEREIN. FOR PURPOSES OF THIS SUBSECTION (16):
(I) "QUALIFIED HOT BITUMINOUS PAVEMENT
PROJECT" MEANS A PROJECT UNDERTAKEN AS PART OF A PILOT PROGRAM
COMPRISED OF THREE PROJECTS BID DURING 1997 OR 1998 AND APPROVED
BY THE COMMISSION AND A TECHNICAL ADVISORY COMMITTEE SELECTED
PURSUANT TO PARAGRAPH (d) OF THIS SUBSECTION (16). SUCH PROJECTS
MUST BE CONSTRUCTED ALONG THE FRONT RANGE.
(II) "WARRANTY" MEANS A WRITTEN
WARRANTY, SO LABELED, OF THE HOT BITUMINOUS PAVEMENT WORK TO BE
PERFORMED IN CONNECTION WITH A QUALIFIED HOT BITUMINOUS PAVEMENT
PROJECT, INCLUDING ANY TERMS OR CONDITIONS PRECEDENT TO THE ENFORCEMENT
OF OBLIGATIONS UNDER SUCH WARRANTY.
(b) ANY WARRANTY OBTAINED BY THE COMMISSION
PURSUANT TO PARAGRAPH (a) OF THIS SUBSECTION (16) SHALL REMAIN
VALID FOR THE DURATION OF THE WARRANTY'S TERM UNLESS THE COMMISSION
AND CONTRACTOR AGREE OTHERWISE.
(c) WHEN A PROVISION HAS BEEN MADE FOR
THE NECESSARY FUNDS, INCLUDING ANY FEDERAL FUNDS, FOR ANY QUALIFIED
HOT BITUMINOUS PAVEMENT PROJECT AND WHEN THE PROJECT HAS BEEN
APPROVED BY THE PROPER FEDERAL AUTHORITIES, THE COMMISSION MAY
PROCEED TO REQUIRE A WARRANTY FOR A QUALIFIED HOT BITUMINOUS PAVEMENT
PROJECT AS PROVIDED IN THIS SUBSECTION (16) WITH DUE REGARD TO
ANY APPLICABLE FEDERAL REQUIREMENT OR REGULATION.
(d) A TECHNICAL ADVISORY COMMITTEE SHALL SELECT THOSE PAVING PROJECTS THAT WILL BE CONSTRUCTED AS PART OF THE PILOT PROGRAM CREATED PURSUANT TO THIS SUBSECTION (16) AND THE BITUMINOUS PAVEMENT WARRANTY PROGRAM DEVELOPED BY THE DEPARTMENT OF TRANSPORTATION. SUCH COMMITTEE SHALL BE SELECTED BY THE COMMISSION AND CONSIST OF PRIVATE BITUMINOUS PAVEMENT CONTRACTORS AND DEPARTMENT OFFICIALS WHO ARE KNOWLEDGEABLE ABOUT BITUMINOUS PAVING AND THE UNITED STATES DEPARTMENT OF TRANSPORTATION STRATEGIC HIGHWAY RESEARCH PROGRAM, AS IT APPLIES TO THE PROVISIONS OF THIS SUBSECTION (16).
(e) ALL PAVING PROJECTS CONSTRUCTED PURSUANT
TO THIS SUBSECTION (16) SHALL BE SUBJECT TO A COSTBENEFIT
EVALUATION BY A COMMITTEE SELECTED BY THE COMMISSION. SUCH COMMITTEE
SHALL CONSIST OF TWO REPRESENTATIVES FROM THE STATE DEPARTMENT
OF TRANSPORTATION, TWO INDIVIDUALS FROM THE ASPHALT PAVING CONSTRUCTION
INDUSTRY, AND AN INDEPENDENT ENGINEER WHO SHALL BE COMPENSATED
BY THE DEPARTMENT FOR REASONABLE FEES. COMMITTEE MEMBERS SHALL
NOT BE CONNECTED WITH THE PAVEMENT PROJECT THAT IS THE SUBJECT
OF SUCH COSTBENEFIT EVALUATION. SAID COMMITTEE SHALL GATHER
DATA ON ACTUAL COSTS, INCLUDING MAINTENANCE COSTS, OF WARRANTED
PROJECTS AND COMPARABLE NONWARRANTED PROJECTS, AND PRESENT ITS
CONCLUSIONS IN A REPORT TO THE HOUSE AND SENATE TRANSPORTATION
COMMITTEES AT THE END OF THE WARRANTY PERIOD FOR THE PROJECTS
OR AT AN EARLIER DATE SPECIFIED BY EITHER COMMITTEE.
SECTION 2. Effective date. This
act shall take effect at 12:01 a.m. on the day following the expiration
of the ninetyday period after final adjournment of the general
assembly that is allowed for submitting a referendum petition
pursuant to article V, section 1 (3) of the state constitution;
except that, if a referendum petition is filed against this act
or an item, section, or part of this act within such period, then
the act, item, section, or part, if approved by the people, shall
take effect on the date of the official declaration of the vote
thereon by proclamation of the governor.
____________________________ ____________________________
Tom Norton Charles E. Berry
PRESIDENT OF SPEAKER OF THE HOUSE
THE SENATE OF REPRESENTATIVES
____________________________ ____________________________
Joan M. Albi Judith M. Rodrigue
SECRETARY OF CHIEF CLERK OF THE HOUSE
THE SENATE OF REPRESENTATIVES
APPROVED________________________________________
_________________________________________
Roy Romer
GOVERNOR OF THE STATE OF COLORADO