Missouri HB 2730: Changes the law regarding public works contracts

Bill Text

SECOND REGULAR SESSION
HOUSE BILL NO. 2730
99TH GENERAL ASSEMBLY
INTRODUCED BY REPRESENTATIVE ANDREWS.
6730H.01I D. ADAM CRUMBLISS, Chief Clerk
AN ACT
To repeal sections 67.5050 and 67.5060, RSMo, and to enact in lieu thereof two new sections
relating to public works contracts.
Be it enacted by the General Assembly of the state of Missouri, as follows:
Section A. Sections 67.5050 and 67.5060, RSMo, are repealed and two new sections
2 enacted in lieu thereof, to be known as sections 67.5050 and 67.5060, to read as follows:
67.5050. 1. As used in this section, the following terms mean:
2 (1) “Construction manager”, the legal entity that proposes to enter into a construction
3 [management] manager-at-risk contract under this section;
4 (2) “Construction manager-at-risk”, a sole proprietorship, partnership, corporation, or
5 other legal entity that assumes the risk for the construction, rehabilitation, alteration, or repair
6 of a project at the contracted price as a general contractor and provides consultation to a political
7 subdivision regarding construction during and after the design of the project.
8 2. Any political subdivision may use the construction manager-at-risk method for: civil
9 works projects such as roads, streets, bridges, utilities, water supply projects, water plants,
10 wastewater plants, water distribution and wastewater conveyance facilities, airport runways and
11 taxiways, storm drainage and flood control projects, or transit projects commonly designed by
12 professional engineers [in excess of two million dollars]; and noncivil works projects such as
13 buildings, site improvements, and other structures, habitable or not, commonly designed by
14 architects [in excess of three million dollars]. In using that method and in entering into a
15 contract for the services of a construction manager-at-risk, the political subdivision shall follow
16 the procedures prescribed by this section.
EXPLANATION — Matter enclosed in bold-faced brackets [thus] in the above bill is not enacted and is intended
to be omitted from the law. Matter in bold-face type in the above bill is proposed language.

HB 2730 2
17 3. The political subdivision shall publicly disclose at a regular meeting its intent to
18 utilize the construction [management] manager-at-risk method and its selection criteria at least
19 one week prior to publishing the request for qualifications. Before or concurrently with selecting
20 a construction manager-at-risk, the political subdivision [shall] may select or designate an
21 engineer or architect who shall prepare the construction documents for the project and who shall
22 comply with all state laws, as applicable. If the engineer or architect is not a full-time employee
23 of the political subdivision, the political subdivision [shall] may select the engineer or architect
24 on the basis of demonstrated competence and qualifications as provided by sections 8.285 to
25 8.291. The political subdivision’s engineer or architect for a project [may] shall not serve, alone
26 or in combination with another, as the construction manager-at-risk. This subsection does not
27 prohibit a political subdivision’s engineer or architect from providing customary construction
28 phase services under the engineer’s or architect’s original professional service agreement in
29 accordance with applicable licensing laws.
30 4. The political subdivision may provide or contract for, independently of the
31 construction manager-at-risk, inspection services, testing of construction materials, engineering,
32 and verification of testing services necessary for acceptance of the project by the political
33 subdivision.
34 5. The political subdivision shall select the construction manager-at-risk in a two-step
35 process. The political subdivision shall prepare a request for qualifications, for the case of the
36 first step of the two-step process, that includes general information on the project site, project
37 scope, schedule, selection criteria, and the time and place for receipt of proposals or
38 qualifications, as applicable, and other information that may assist the political subdivision in
39 its selection of a construction manager-at-risk. The political subdivision shall state the selection
40 criteria in the request for proposals or qualifications, as applicable. The selection criteria may
41 include the construction manager’s experience, past performance, safety record, proposed
42 personnel and methodology, and other appropriate factors that demonstrate the capability of the
43 construction manager-at-risk. The political subdivision shall not request fees or prices in step
44 one. In step two, the political subdivision may request that five or fewer construction managers,
45 selected solely on the basis of qualifications, provide additional information, including the
46 construction manager-at-risk’s proposed fee and its price for fulfilling the general conditions.
47 Qualifications shall account for