SECOND REGULAR SESSION

HOUSE BILL NO. 1139

88TH GENERAL ASSEMBLY

INTRODUCED BY REPRESENTATIVE GREEN.

Read 1st time January 16, 1996 and 1000 copies ordered printed.

DOUGLAS W. BURNETT, Chief Clerk

L2662.01I

AN ACT

To repeal section 8.289, RSMo 1994, relating to certain public works projects, and to enact in lieu thereof one new section relating to the same subject.

Be it enacted by the General Assembly of the state of Missouri, as follows:

Section A. Section 8.289, RSMo 1994, is repealed and one new section enacted in lieu thereof, to be known as section 8.289, to read as follows:

8.289. [Present provisions of law] Notwithstanding any other provisions of law to the contrary, in the procurement of architectural, engineering or land surveying services, each agency which utilizes architectural, engineering or land surveying services shall encourage firms engaged in the lawful practice of their professions to annually submit a statement of qualifications and performance data to the agency. Whenever a project requiring architectural, engineering or land surveying services is proposed for an agency of the state or political subdivision thereof, the agency shall evaluate current statements of qualifications and performance data of firms on file together with those that may be submitted by other firms regarding the proposed project. In evaluating the qualifications of each firm the agency shall use the following criteria:

(1) That the firm maintains an office in Missouri on a continuous basis for at least one year prior to the awarding of the contract. In the case of a joint venture, local contractors have fifty percent or more ownership;

(2) The firm has a ten-hour Occupational Safety and Health Administration course or the equivalent and a written safety program with scrutiny on one's EMR (?);

(3) The firm has a minimum financial ratio to show capital strength or that performance or payment or both performance and payment bonds written by firms with a higher rating level as shown in Moody's (?) or an equivalent rating company;

(4) The firm has documented ongoing upgrade training;

(5) The firm strictly enforces the prevailing wage requirements and complies with such requirements;

(6) The record of prior project performance, including the absence of liens and debarment;

(7) If the local community requires licensing, the firm follows all such requirements;

[(1)] (8) The specialized experience and technical competence of the firm with respect to the type of services required;

[(2)] (9) The capacity and capability of the firm to perform the work in question, including specialized services, within the time limitations fixed for the completion of the project;

[(3)] (10) The past record of performance of the firm with respect to such factors as control of costs, quality of work, and ability to meet schedules;

[(4)] (11) The firm's proximity to and familiarity with the area in which the project is located.