SB 448 – This act authorizes school districts to enter into design-build contracts for design-build projects costing more than $1,000,000. A school district must establish written procedures for pre-qualifying design-build contractors before any such contractor may make a proposal on the project. In addition, a school board must adopt various procedures as described in the act, including procedures for requesting proposals and evaluating and awarding contracts from up to five pre-qualified contractors. A school district must publicly advertise for two consecutive weeks in a newspaper, as described in the act, the design-build proposal. If a school district does not receive at least two responsive submissions, it must readvertise the project. A school district may reject any and all submissions and proposals. Any proposals from pre-qualified design-build contractors must be opened publicly. A school district must award the contract to the design-build contractor whose proposal represents the best overall value in terms of quality, skill, schedule, and cost. For any pre-qualified responsive design-build contractor who submits a proposal but is not awarded a contract, the school district must pay a reasonable stipend. Payment bond requirements will apply to any design-build project. However, the performance bond for the design-build contractor does not need to cover the design services as long as the contractor or subcontractors have professional liability insurance in the amount specified by the school district.
Any person or firm providing services for a design-build contract must be licensed in Missouri. In addition, a school district planning a design-build project must retain an architect or engineer, as described in the act, unless it already retains one. The architect or engineer is prohibited from acting as the design-build contractor or participating as part of the design-build contractor's team.
This act is substantially similar to HB 596 (2009) and HCS/HB 1707 (2008) and a provision contained in HCS/SS/SB 291 (2009).
MICHAEL RUFF