SS SCS HCS HB 359 -- DESIGN-BUILD HIGHWAY PROJECT CONTRACTS

This bill allows the Highways and Transportation Commission to
enter into more than three design-build highway project contracts
in a fiscal year, but the total number of contracts cannot exceed
2% of the total number of all state highway system projects
listed in the commission's approved statewide transportation
improvement project for that fiscal year.  The bill specifically
allows the commission to enter into design-build highway project
contracts for the design, construction, reconstruction, or
improvement of Missouri Route 364 in the counties of St. Charles
and St. Louis, the intersection of State Highway 169 and 96th
Street in Kansas City, and State Highway 92 from its intersection
with State Highway 169 east to its intersection with State Route
E in Clay County.  Authority for these projects will not expire
when the commission's authority to enter into design-build
highway project contracts expires on July 1, 2012.

The design-builder is required to provide to the commission his
or her bid, performance and payment bonds, or letters of credit
on forms as the commission determines to be adequate.  The
performance bond or bonds for the construction period specified
must be equal to a reasonable estimate of the total cost of the
construction work unless the commission determines in writing
that the amount is impractical, in which case the commission must
set the amount at the largest amount reasonably available, but
not less than $250 million.  Currently, the bond or bonds must be
in an aggregate amount of $200 million or 25% of a reasonable
estimate of the cost of construction work, whichever is lower,
unless the commission allows other security.  Upon award of the
design-build highway project contract, the sum of the performance
bond and any required additional security will be stated and a
matter of public record.

The commission must negotiate and reach agreements including
clearance, safety, insurance, and indemnification provisions with
affected railroads for any project constructed but are not
required to include provisions on right-of-way acquisitions.

The bill contains an emergency clause.

Missouri House of Representatives
95th General Assembly, 1st Regular Session
Last Updated November 17, 2009 at 9:24 am