HCS/SS/SCS/SB 128 - This act modifies the current law that authorizes the state highways and transportation commission to enter into design-build highway project contracts. Under this act, the current statutory restriction that limits the commission to only entering into three design-build highway projects is removed. In lieu of a specific number of projects, the total number of highway design-build project contracts awarded by the commission in any state fiscal year shall not exceed 2% of the total number of all state highway system projects listed in the commission's approved statewide transportation improvement program for that fiscal year. The act also authorizes the commission to enter into design-build contracts for the improvement of Missouri Route 364 and for the improvement of State Highway 169 and the 96th Street intersection in Kansas City. The act also authorizes the commission to enter into a design-build contract for the improvement of State Highway 92.
The act also amends the current bonding requirements relating to design-build highway project contracts. The act specifies the requirements for bid, performance and payment bonds, or letters of credit, must be provided by the design-builder directly to the commission in design-build highway project contracts. Under the act, a bid or proposal bond, cash or certified or cashier's check is still required, but the amount shall be determined by the commission. Performance bonds must be in an amount equal to a reasonable estimate of the total cost of construction work under the design-build highway project contract. If the commission determines that the reasonable estimate of the total cost of construction work under the contract is expected to exceed $250,000,000, and the performance bond in such amount is impractical, the commission shall set the amount of the performance bond or bonds at the largest amount reasonably available, but not less than $250,000,000.
The act provides that upon the award of a design-build highway project contract, the sum of the performance bond and any additional security shall be stated and shall be a matter of public record.
Under this act, the commission must negotiate and reach agreements with railroads affected by design-build projects. The agreements must include clearance, safety, insurance and indemnification provisions, but are not required to include provisions on right of way acquisitions.
This act provides that the portion of the state highway system which was designated as Highway 47 as of January 1, 2009, within the limits of the city of Washington shall be designated and known as "Franklin Street" and shall not be designated as a numbered state highway (section 1).
This act contains an emergency clause.
The provisions of this act are similar to HB 359 (2009) and SB 178(2009).
STEPHEN WITTE