HCS SS SCS SB 128 -- DESIGN-BUILD HIGHWAY PROJECT CONTRACTS

SPONSOR:  Rupp (Denison)

COMMITTEE ACTION:  Voted "do pass" by the Special Committee on
Infrastructure and Transportation Funding by a vote of 12 to 0.

This substitute allows the Highways and Transportation Commission
to enter into more than three design-build highway project
contracts, 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 substitute 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, State Highway 169 and the 96th Street intersection
in Kansas City, and State Highway 92 between State Highway 169
and 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 that $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.

The substitute designates the portion of State Highway 47 in the
city limits of the City of Washington as of January 1, 2009, as
"Franklin Street."

The substitute contains an emergency clause.

FISCAL NOTE:  No impact on state funds in FY 2010, FY 2011, and
FY 2012.

PROPONENTS:  Supporters say that the bill authorizes the
Department of Transportation to enter into more design-build
contracts than what is currently authorized.

Testifying for the bill were Senator Rupp; St. Charles County;
Associated Contractors of Missouri; Heavy Constructors
Association of Greater Kansas City; Missouri Railroad
Association; and Associated General Contractors of St. Louis.

OPPONENTS:  There was no opposition voiced to the committee.

OTHERS:  Others testifying on the bill were available to answer
questions.

Testifying on the bill was Department of Transportation.

Missouri House of Representatives
95th General Assembly, 1st Regular Session
Last Updated November 17, 2009 at 9:26 am