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HCS/HB 359 - 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 extends the sunset clause placed on the design-build statutory provision from July 1, 2012, to July 1, 2022. The act also authorizes the commission to enter into design-build contracts for improvement of Missouri Route 364 and for the improvement of State Highway 169 and the 96th Street intersection in Kansas City. 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. 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. The performance bond or 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, unless the commission determines in writing supporting by specific findings that a performance bond or bonds in such amount is impractical, in which case the commission shall establish the amount of the performance bond or bonds. Under this act, any project constructed must comply with the clearance and safety requirements regarding railroads as established by the Federal Railroad Administration, and any affected railroad must be given reasonable opportunity to review all project plans. This act contains an emergency clause. The provisions of this act are similar to SS/SCS/SB 128 and SB 178(2009). STEPHEN WITTE
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