SECOND REGULAR SESSION

HOUSE BILL NO. 1249

90TH GENERAL ASSEMBLY

Pre-filed December 21, 1999, and 1000 copies ordered printed.

ANNE C. WALKER, Chief Clerk

3055L.01I

AN ACT

To repeal section 8.683, RSMo 1994, relating to state building contracts, and to enact in lieu thereof two new sections relating to the same subject.

Section A. Section 8.683, RSMo 1994, is repealed and two new sections enacted in lieu thereof, to be known as sections 8.252 and 8.683, to read as follows:

8.252. 1. No public owner, as defined in subdivision (3) of section 8.675, or construction manager, as defined in subdivision (2) of section 8.675, shall accept any bid for the erection or construction of any building, improvement, alteration or repair project with an estimated cost in excess of two hundred thousand dollars received from a contractor which has not performed work for this state during the preceding five years unless the public owner determines the contractor making such bid satisfies the provisions of subsections 2 and 3 of this section.

2. For the purposes of determining the qualifications of contractors governed by subsection 1 of this section, the public owner shall consider the following:

(1) The contractor's experience in performing the type of work project to be bid, including the construction experience of personnel necessary for the project;

(2) The contractor's ability to complete the work project to the satisfaction of the department and in a timely manner, including a listing of previous completed projects similar to the work project;

(3) The types of work the contractor is qualified to perform;

(4) The contractor's insurance coverage, including comprehensive general liability, worker's compensation and automobile coverage;

(5) The contractor's designation of a Missouri resident as its agent for the receipt of legal process;

(6) The contractor's listing of all current projects in progress, including the value of projects not yet completed and their completion dates;

(7) The equipment the contractor has available for the project which includes a list of the specific equipment available for the project;

(8) Where practical, the contractor's bonding company shall provide records of its most recent audit.

3. Any contractor which has not performed work for the state during the preceding five years and is making a bid for a project with an estimated cost in excess of two hundred thousand dollars shall provide information to the public owner necessary for a determination of minimum qualifications pursuant to subsection 2 of this section.

4. All information submitted by a contractor to the public owner relevant to a determination of minimum qualifications and all information used by the public owner to determine said contractor's qualifications shall be protected from disclosure pursuant to the provisions of section 610.021, RSMo.

8.683. Upon award of a construction management services contract, the successful construction manager shall contract with the public owner to furnish his or her skill and judgment in cooperation with, and reliance upon, the services of the project architect or engineer. The construction manager shall furnish business administration, management of the construction process and other specified services to the public owner and shall perform in an expeditious and economical manner consistent with the interest of the public owner. Should the public owner determine it to be in the public's best interest, the construction manager may provide or perform basic services for which reimbursement is provided in the general conditions to the construction management services contract. The construction manager shall not, however, be permitted to bid on or perform any of the actual construction on a public works project in which he or she is acting as construction manager, nor shall any construction firm which controls, is controlled by, or shares common ownership or control with, the construction manager be allowed to bid on or perform work on such project. The actual construction work on the project shall be awarded by competitive bidding as provided by [law] section 8.252, as well as all other applicable provisions of law. All successful bidders shall contract directly with the public owner, but shall perform at the direction of the construction manager unless otherwise provided in the construction manager's contract with the public owner. All successful bidders shall provide payment and performance bonds to the public owner. All successful bidders shall meet all the obligations of a prime contractor to whom a contract is awarded, pertaining to the payment of prevailing wages pursuant to sections 290.210 to 290.340, RSMo. In addition, all nonresident employers shall meet the bonding and registration requirements of sections 285.230 to 285.234, RSMo.

Missouri House of Representatives