SB 1484 — Creates new provisions relating to progressive design-build contracts

SECOND5910S.04C REGULARSENATE SESSIONCOMMITTEE SUBSTITUTE FOR SENATE BILLNO.BILL NO.

1484 103RDAN GENERALASSEMBLYACT INTRODUCEDTo BYrepeal SENATORsections HENDERSON.34.046 and 67.5060, RSMo, and to enact in lieu thereof two new sections relating to public contracts.

5910S.01I KRISTINAMARTIN, Secretary ANACT To repeal section 67.5060, RSMo, and to enact in lieu thereof one new section relating to progressive design-build contracts.

SectionSections 34.046 and 67.5060, RSMo, isare repealed and onetwo new sectionsections enacted in lieu thereof, to be known as sectionsections 34.046 and 67.5060, to read as follows:

34.046.

The commissioner of administration may contract directly with other governmental or nonprofit entities for the purchase of supplies.

The commissioner of administration may also participate in, sponsor, conduct or administer a cooperative purchasing agreement whereby supplies are procured in accordance with a contract established by another governmental entity or a nonprofit entity, solely comprised of and controlled by one or more political subdivisions, provided that such contract was established in accordance with the laws and regulations applicable to the establishing governmental or nonprofit entity.

(3) "Design-build project", the design, construction, alteration, addition, remodeling, or improvement of any buildings or facilities under contract with a political EXPLANATION-Mattersubdivision. enclosed in bold-faced brackets [thus] in this bill is not enacted and is intended to be omitted in the law.

SB 1484 2 subdivision.

and (b) Noncivil works projects, such as buildings, site improvements, and other structures, habitable or not, commonly designed by architects [inin excess of seven[seven] five million dollars];dollars;

(5) "Design criteria consultant", a person, corporation, partnership, or other legal entity duly licensed and authorized to practice architecture or professional engineering in this state under chapter 327 who is employed by or contracted by the political subdivision to assist the political subdivision in the development of project design criteria, requests for proposals, evaluation of proposals, the evaluation of the construction under a design-build contract or a progressive design-build contract to determine adherence to the design criteria, and any SB 1484 3 additional services requested by the political subdivision to represent its interests in relation to a project.

(8) "Progressive design-build contract", a contract that is subject to a two-staged qualification-based selection process as described in subdivision (1) of subsection 13 of this section between a political SB 1484 4 subdivision and a design-builder to furnish the architectural, engineering, and related design services and the labor, materials, supplies, equipment, and other construction services required for a progressive design- build project;

[(9)] (11) "Request for proposal", the document by which the political subdivision solicits proposals for a design-build contract or progressive design-build contract;

In using a design-build contract or a progressive design-build contract, the political subdivision shall SB 1484 5 determine the scope and level of detail required to permit qualified persons to submit proposals in accordance with the request for proposals given the nature of the project.

A design criteria consultant [shall]shall may be employed or retained by the political subdivision to assist in preparation of the design criteria package and request for proposal, perform periodic site visits to observe adherence to the design criteria, prepare progress reports, review and approve progress and final pay applications of the design-builder,design- builder, review shop drawings and submissions, provide input in disputes, help interpret the construction documents, perform inspections upon substantial and final completion, assist in warranty inspections, and provide any other professional service assisting with the project administration of a design-build project or a progressive design-build project.

Notice of requests for proposals shall be advertised by publication in a newspaper of general circulation published in the county where the political subdivision is located once a week for two consecutive weeks prior to opening the proposals, or by a virtual notice procedure that notifies interested parties for at least twenty various purchases, design contracts, SB 1484 6 construction contracts, or other contracts each year for the political subdivision.

SB 1484 7 [(8)] (h) The amount of the stipend which will be available;

and [(4)] (d) The names and qualifications of the primary design consultants and the primary trade contractors with whom the design-builder proposes to subcontract or joint SB 1484 8 venture.

This process of short listing shall narrow the number of qualified design-builders to not more than five[five] three nor fewer than two.

Design-Design-builders builders may be interviewed in either phase I or phase II of the process.

Once a sufficient number of no more than five[five] three and no fewer than two qualified design-builders have been selected, the design-builders shall have a specified amount of time in which to assemble phase II and phase III proposals.

SB 1484 9 [13.] 10.

SB 1484 10 (2) Cost proposals shall be submitted in accordance with the instructions of the request for proposal.

In this event, all qualified and responsive design-builders SB 1484 11 with lower point totals shall receive a stipend and the responsive design-builder with the highest total number of points shall receive an amount equal to two times the stipend.

SB 1484 12 (b) The proposed terms and conditions for the progressive design-build contract, if available;

SB 1484 13 (4) Phase I shall require all design-builders to submit a statement of qualification that shall include, but not be limited to:

Points assigned in phase I of the evaluation process shall SB 1484 14 not carry forward to phase II of the process.

(7) Once a sufficient number of no more than fivethree but not less than two qualified design-builders have been selected, the design-design-builders builders shall have a specified amount of time in which to assemble phase II proposals;

SB 1484 15 (d) Evaluation of phase II proposals shall be qualifications-based.

Upon acceptance of the price and contract terms, the parties may amend the contract to authorize construction.construction;

(9) This subsection shall expire on August 28, 2036.

(1) As used in this subsection, "wastewater or water contract" means any design-build contract or progressive design-build contract that involves the provision of engineering and construction services either directly by a party to the contract or through subcontractors retained by a party to the contract for a wastewater or water storage, conveyance, or treatment facility project.

SB 1484 16 (2) Any political subdivision may enter into a wastewater or water contract for design-build of a wastewater or water project.

Any person or firm performing architectural, engineering, landscape architecture, or land-surveying services for the design-builder on the design-build project or progressive design-build project shall be duly licensed or authorized in this state to provide such services as required by chapter 327.

Any political subdivision engaged in a project under this section which impacts a railroad SB 1484 17 regulated by the Federal Railroad Administration shall consult with the affected railroad on required specifications relating to clearance, safety, insurance, and indemnification to be included in the construction documents for such project.

Under section 327.465, any design-builder that enters into a design-build contract or progressive design-build contract with a political subdivision is exempt from the requirement that such person or entity hold a license or that such corporation hold a certificate of authority if the architectural, engineering, or land-surveyingland- surveying services to be performed under the design-design-build build contract are performed through subcontracts or joint ventures with properly licensed or authorized persons or entities, and not performed by the design-builder or its own employees.

or (2) Any special charter city, or any city or county governed by home rule under Article VI, Sections 18(a) to 18(r) or 19 of the Constitution of Missouri that has adopted a design-build process or progressive design-build process via ordinance, rule, or regulation.

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