HB 2171 -- Transportation

Co-Sponsors:  Crawford, Roark, Bearden, Hunter, Rector, Jetton,
Mayer, Crowell, Dolan

This bill authorizes the Division of Design and Construction to
institute a pilot program whereby a design-build procurement
process may be utilized on a maximum of four projects each with
an estimated cost of $5 million or less and no more than four
projects each with an estimated cost of more than $5 million.

The Director of the Division of Design and Construction will
select those projects for which the use of the design-build
procurement process is appropriate.  The director will solicit
proposals in a three-stage process:

(1)  Phase I will be the solicitation of qualifications of the
design-build team;

(2)  Phase II will be the solicitation of a technical proposal
including conceptual design for the project; and

(3)  Phase III will be the proposal of the construction cost.

The bill spells out the process under each phase.

The division will, as an inducement to qualified proposers, pay a
reasonable stipend to each prequalified design-builder whose
proposal was not accepted.  Upon payment of the stipend, the
state will acquire a nonexclusive right to use the design
submitted by the proposer.  If the proposer desires to retain all
rights and interest in the proposal, the proposer must forfeit
the stipend.

The bill also authorizes the Highways and Transportation
Commission to enter into one national highway system design-build
pilot project contract within a 10-year period.  The authority
for design-build will expire upon completion of the project
selected unless reauthorized.  The commission will establish
written procedures by rule for prequalifing design-builders
before the design-builder will be allowed to make a proposal on a
project.

The commission will:

(1)  Be authorized to issue a maximum of five proposals of
prequalified builders;

(2)  Require approval of any person performing subcontract work
on a design-build project;

(3)  Prescribe the form of the contract for the work;

(4)  Make all final decisions concerning the performance of work
under a contract;

(5)  Pay a reasonable stipend to all prequalifed design-builders
submitting a proposal but not awarded the contract;

(6)  Comply with any federal regulation when federal funds are
used;

(7)  Promulgate administrative rules to implement this provision
and publish them in the Missouri Register;

(8)  Make a status report to the General Assembly and the
Governor after the awarding of a design-build project; and

(9)  Publish the cost estimates of a design-build highway project
award and the completion date along with its public notice of a
request for qualification of the design-build project.

The one interstate national pilot highway project will have a
total maximum expenditure of $125 million for the life of the
design-build project.

The bill also:

(1)  Removes the cap and the sunset on the Aviation Trust Fund;

(2)  Requires members of the Highways and Transportation
Commission to elect yearly, by secret ballot, the chairman and
vice chairman to one-year terms.  The chairman and vice chairman
cannot be of the same political party or serve more than two
consecutive terms;

(3)  Repeals provisions allowing funds to be paid to other state
agencies from the State Highways and Transportation Department
Fund and the provision requiring highway bid projects to be more
than 10 miles; and

(4)  Requires that beginning the first fiscal year after the
effective date of the bill, 10% of the growth in gross general
revenue receipts, less refunds which exceed the gross general
revenue receipts, less refunds received in the most recent fiscal
year in which actual net receipts are known, will be deposited in
the State Road Fund.  This provision will expire on June 30,
2013.

Missouri House of Representatives
Last Updated October 11, 2002 at 9:03 am