SECOND REGULAR SESSION
94TH GENERAL ASSEMBLY
INTRODUCED BY REPRESENTATIVE THOMSON.
Read 1st time March 31, 2008 and copies ordered printed.
D. ADAM CRUMBLISS, Chief Clerk
AN ACT
To amend chapter 173, RSMo, by adding thereto six new sections relating to the procurement of construction by the design-build method by a certain public higher education institution.
Be it enacted by the General Assembly of the state of Missouri, as follows:
Section A. Chapter 177, RSMo, is amended by adding thereto six new sections, to be known as sections 173.1201, 173.1202, 173.1203, 173.1204, 173.1205, and 173.1206, to read as follows:
173.1201. As used in this section, the following terms shall mean:
(1) "Design-build", a project for which the design and construction services are furnished under one contract;
(2) "Design-build contract", a contract between a public higher education institution and a design-build contractor to furnish the architecture, engineering, and related design services, and the labor, materials, and other construction services required for a specific construction project;
(3) "Design-build contractor", any individual, partnership, joint venture, corporation, or other legal entity that furnishes architecture or engineering services and construction services either directly or through subcontracts;
(4) "Design-build project", the design, construction, alteration, addition, remodeling, or improvement of any student residence buildings under contract with a public higher education institution;
(5) "Design criteria package", performance-oriented specifications for the design-build project sufficient to permit a design-build contractor to prepare a response to the public higher education institution's request for proposals for a design-build project, which may include preliminary designs for the project or portions thereof;
(6) "Public higher education institution", any institution whose board of regents is selected under section 174.332, RSMo.
173.1202. 1. As an alternative to the requirements and procedures specified by sections 8.250 and 8.285, RSMo, any public higher education institution is authorized to enter into design-build contracts for design-build projects that exceed an expenditure of one hundred thousand dollars.
2. Any public higher education institution entering into a design-build contract under this section shall have the option of having the project financed by the developer with a leaseback option with an option to purchase.
3. In using a design-build contract, the public higher education institution shall establish a written procedure by rule for prequalifying design-build contractors before such design-build contractors will be allowed to make a proposal on the project.
4. The governing board of the public higher education institution shall adopt procedures for the prequalification review team; specifications for the design criteria package; the method of advertising, receiving and evaluating proposals from design-build contractors; the criteria for awarding the design-build contract based on the design criteria package and a separate proposal stating the cost of construction; and other methods, procedures and criteria necessary to administer this section.
5. The public higher education institution is authorized to issue a request for proposals to a maximum of five design-build contractors who are prequalified in accordance with subsection 2 of this section.
6. The public higher education institution may require approval of any person performing subcontract work on the design-build project including, but not limited to, those furnishing design services, labor, materials or equipment.
173.1203. 1. Prior to the precertification process specified in section 173.1202, the public higher education institution shall publicly advertise, once a week for two consecutive weeks, in a newspaper of general circulation, qualified under chapter 493, RSMo, located within the city in which the public higher education institution is located, or if there be no such newspaper, in a qualified newspaper of general circulation in the county, or if there be no such newspaper, in a qualified newspaper of general circulation in an adjoining county, and may advertise in business, trade, or minority newspapers, for qualification submissions on said design-build project.
2. If the public higher education institution fails to receive at least two responsive submissions from prequalified design-build contractors, submissions shall not be opened and it shall readvertise the project.
3. The public higher education institution shall have the right to reject any and all submissions and proposals.
4. The proposals from prequalified design-build contractors shall be submitted sealed and in writing, to be opened publicly at the time and place of the public higher education institution's choosing. Technical proposals and qualifications submissions shall be submitted separately from any cost proposals. No cost proposal shall be opened until the technical proposals and qualifications submissions are first opened, evaluated, and ranked in accordance with the criteria identified by the public higher education institution in the request for proposals.
5. The design-build contract shall be awarded to the design-build contractor whose proposal represents the best overall value to the public higher education institution in terms of quality, technical skill, schedule, and cost.
6. No proposal shall be entertained by the public higher education institution which is not made in accordance with the request for proposals furnished by the public higher education institution.
7. The public higher education institution shall pay a reasonable stipend to prequalified responsive design-build contractors who submit a proposal, but are not awarded the design-build contract.
173.1204. 1. The payment bond requirements of section 107.170, RSMo, shall apply to the design-build project. All persons furnishing design services shall be deemed to be covered by the payment bond the same as any person furnishing labor or materials; however, the performance bond for the design-build contractor does not need to cover the design services as long as the design-build contractor or its subcontractors providing design services carry professional liability insurance in an amount established by the public higher education institution in the request for proposals.
2. Any person or firm providing architectural, engineering, or land surveying services for the design-build contractor on the design-build project shall be duly licensed or authorized in Missouri to provide such services as required by chapter 327, RSMo.
173.1205. 1. A public higher education institution planning a design-build project may retain an architect or engineer, as appropriate to the project type, under sections 8.285 to 8.291, RSMo, to assist with programming, site selection, master plan, the design criteria package, preparation of the request for proposals, prequalifying design-build contractors, evaluation of proposals, and preparation of forms necessary to award the design-build contract. The public higher education institution may also retain that same architect or engineer or another to perform contract administration functions on behalf of the public higher education institution during the construction phase and after project completion.
2. Any architect or engineer who is retained by a public higher education institution under this section shall be ineligible to act as the design-build contractor, or to participate as part of the design-build contractor's team as a subcontractor, joint venturer, partner or otherwise for the same design-build project for which the architect or engineer was hired by the public higher education institution.
173.1206. Under section 327.465, RSMo, any design-build contractor that enters into a design-build contract for a public higher education institution is exempt from the requirement that such person or entity hold a certificate of registration or such corporation hold a certificate of authority if the architectural, engineering, or land surveying services to be performed under the contract are performed through subcontracts with properly licensed and authorized persons or entities, and not performed by the design-build contractor or its own employees.
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