Effective - 28 Aug 2006
227.633. Private partner to provide financial information — bond may be required. — 1. The private partner shall, in connection with the financing, development, and/or operation of the project, provide the following:
(1) Security and warranties in the forms and amounts satisfactory to the commission;
(2) An annual financial statement audited by an independent certified public accountant approved by the commission and such other financial reports and information as required by the commission and in a form acceptable to the commission;
(3) A summary of any and all compensation from all sources for the project to the private partner;
(4) Evidence satisfactory to the commission of procurement and maintenance at the private partner's expense of commercial insurance for such purposes and in an amount required by the commission, including but not limited to:
(a) Commercial general liability insurance for all damages and losses imposed by law and assumed under the comprehensive agreement. Commercial general liability insurance shall be in coverage and amount consistent with section 227.663 and shall name the state of Missouri for the benefit of the state legal expense fund, and the commission and the commission's members, agents, and employee's as additional insureds. Each commercial general liability insurance policy and commercial automobile liability insurance policy shall also contain a separation of insureds conditions; and
(b) Workers' compensation insurance or evidence provided by the private partner that the private partner is qualified by the division of workers' compensation as self-insured and carries insurance for employer's liability sufficient to comply with all obligations under state law relating to workers' compensation and employer's liability.
2. Notwithstanding the provisions of section 107.170 and section 227.100 to the contrary, a bid bond shall not be required for the project; except that, the commission may require the private partner to provide such other bonds in such amounts determined by the commission to be adequate for the protection of the commission and provided by a surety or sureties satisfactory to the commission, including but not limited to:
(1) A performance bond;
(2) A payment bond for the protection of all persons supplying labor and material in carrying out the work provided for in the comprehensive agreement for the project. The amount of the payment bond shall equal the total amount payable under the terms of the comprehensive agreement unless the commission determines in writing supported by specific findings that a payment bond in such amount is impractical, in which case the commission shall establish the amount of the payment bond; except that, the amount of the payment bond shall not be less than the amount of the performance bond.
--------
(L. 2006 H.B. 1380)
Structure Missouri Revised Statutes
Title XIV - Roads and Waterways
Chapter 227 - State Highway System
Section 227.010 - Definitions.
Section 227.040 - Engineer to make surveys, plans, specifications.
Section 227.050 - Commission may act on engineer's recommendations.
Section 227.060 - Commission to determine width and character of construction — minimum width.
Section 227.070 - State highway through municipality — construction.
Section 227.080 - Certain bridges part of state highway system.
Section 227.100 - Publication of notices, where — construction bids — rejection — bond required.
Section 227.102 - Electronic bidding authorized, requirements and criteria — rulemaking authority.
Section 227.110 - Specifications for state highway system.
Section 227.130 - Rights-of-way — power to grant.
Section 227.160 - Higher type road may be constructed, when.
Section 227.170 - Civil subdivision may convey rights-of-way to state of Missouri — no refunds.
Section 227.180 - State highways and transportation commission to become trustee, when.
Section 227.190 - Surety bond necessary to guarantee payment of funds deposited — premium, how paid.
Section 227.200 - Failure to comply with requirements.
Section 227.210 - Commission to maintain state highways, how — cost, how paid.
Section 227.221 - White lines at outer edge of highway required.
Section 227.230 - Commission may grant highway marking privileges.
Section 227.250 - Commission may close state highway temporarily, when.
Section 227.260 - Commission may relocate state highways, when.
Section 227.270 - Commission may abandon and relocate inundated portion of highway.
Section 227.280 - Damages from inundation — how settled.
Section 227.290 - Highways and transportation commission may convey or exchange land or leasehold.
Section 227.302 - Carver Prairie Drive designated in Newton County.
Section 227.304 - Rick Harmon Memorial Highway designated in Taney County.
Section 227.317 - Babe Adams Highway designated.
Section 227.319 - Trooper James Froemsdorf Memorial Highway designated (Perry County).
Section 227.320 - Franklin Street designated for portion of Highway 47 in the city of Washington.
Section 227.321 - Veterans Memorial Bridge designated.
Section 227.323 - Henry Shaw Ozark Corridor designated.
Section 227.329 - Trooper Kelly L. Poynter Memorial Highway designated (Texas County).
Section 227.330 - Pearl Harbor Memorial Highway, portion of U.S. Highway 63 designated as.
Section 227.333 - Sergeant Randy Sullivan Memorial Highway designated (Iron County).
Section 227.335 - American Legion Memorial Highway — portion of U.S. Highway 65.
Section 227.336 - Korean War Veterans' Memorial Freeway, portion of U.S. Highway 60 designated as.
Section 227.344 - James B. Tatum Highway designated for a portion of I-49 in Newton County.
Section 227.349 - Veterans Highway designated for a portion of State Highway J in Lincoln County.
Section 227.356 - Congressman Mel Hancock Freeway designated in Greene County.
Section 227.357 - Korean War Veterans Association Memorial Highway designated in Phelps County.
Section 227.358 - Governor John M. Dalton Memorial Highway designated in Dunklin County.
Section 227.360 - Albert Brumley Memorial Highway designated in McDonald County.
Section 227.361 - Veterans Memorial Parkway designated in Johnson County.
Section 227.363 - Richard L. Harriman Highway designated in Clay County.
Section 227.367 - Officer Scott Armstrong Memorial Highway designated in St. Louis County.
Section 227.370 - Governor Mel Carnahan Memorial Highway designated in Phelps County.
Section 227.372 - Chief Jerry Buehne Memorial Road designated in St. Louis County.
Section 227.373 - Senator Christopher S. Bond Bridge designated in Hermann.
Section 227.380 - Theodore McNeal Highway designated for portion of Highway 115 in St. Louis City.
Section 227.387 - Deputy Charles M. Cook Memorial Highway designated for a portion of Highway 169.
Section 227.392 - Christopher S. Bond Bridge designated for I-29/35 bridge in Kansas City.
Section 227.404 - Leona Williams Highway designated for portion of U.S. Highway 63 in Maries County.
Section 227.407 - Lamar Hunt Memorial Highway designated for portion of Interstate 435.
Section 227.409 - Jack Buck Memorial Highway designated for portion of Interstate I-64/US 40.
Section 227.418 - Ferlin Husky Highway designated for portion of Highway 8 in St. Francois County.
Section 227.433 - Tom Boland Highway designated for a portion of U.S. Highway 61 in Marion County.
Section 227.441 - Marine LCPL Jared Schmitz Memorial Bridge designated in St. Charles County.
Section 227.469 - Mary Herschend memorial highway designated for portion of State Highway 76.
Section 227.500 - Ozark Mills Country designated.
Section 227.512 - AMVETS Memorial Highway designated for a portion of Route 94 in Callaway County.
Section 227.513 - Purple Heart Trail designated for a portion of I-70 and I-44.
Section 227.514 - Harriett Woods Memorial Highway designated for a portion of Interstate 170.
Section 227.515 - Sergeant Jeffry Kowalski Memorial Highway designated for a portion of Highway 32.
Section 227.522 - Purple Heart Trail designated for portions of I-49.
Section 227.523 - Irwin C. Cudworth Memorial Bridge designated on Highway CC in Ozark County.
Section 227.524 - Ray-Carroll County Veterans Memorial Highway designated for portion of Highway 10.
Section 227.525 - Billy Yates Highway designated for portion of U.S. Highway 160 in Ripley County.
Section 227.548 - Rep. Cloria Brown Memorial Highway designated.
Section 227.551 - Title of law — redesign of certain projects not required.
Section 227.552 - Definitions.
Section 227.556 - Revised project plan required, when.
Section 227.557 - Method of providing notices, responses, and plans — notice of excavation required.
Section 227.559 - Ordinances, policies, resolutions, or regulations permitted (St. Charles).
Section 227.603 - Legislative findings — construction.
Section 227.606 - Requests for approval, contents — fee.
Section 227.609 - Procurement process — notice — responsive bids, processing fee prohibited.
Section 227.615 - Approval of projects — procedure.
Section 227.618 - Tentative approval, criteria — interim agreements, requirements.
Section 227.621 - Approval of comprehensive agreements, requirements.
Section 227.624 - Terminating negotiations, rejecting requests and responses.
Section 227.627 - Closed records, when, open records, when.
Section 227.630 - Powers of private partners.
Section 227.633 - Private partner to provide financial information — bond may be required.
Section 227.636 - Powers of the commission.
Section 227.646 - Revenues tax-exempt.
Section 227.648 - Agreements authorizing private partner regarding procurement.
Section 227.651 - Private partner to provide plan, contents.
Section 227.654 - Right-of-way or easement authorized.
Section 227.657 - Condemnation authorized — requirements — surveying, damages to private property.
Section 227.663 - Limitation of liability.
Section 227.666 - Notice of material default and opportunity to cure — remedies.
Section 227.669 - Annual status report.
Section 227.793 - Nathanael Greene Highway designated for portion of I-44 in Greene County.
Section 227.795 - Bobby Plager Memorial Highway designated for a portion of I-64 in St. Louis City.
Section 227.796 - WWII Henry Archie Black Memorial Bridge designated in Polk County.
Section 227.808 - Police Officer Richard C Fleming Memorial Highway designated in Jackson County.
Section 227.810 - Annistyn Kate Rackley Memorial Highway designated in Pemiscot County.
Section 227.811 - Russell Lee Burton Memorial Highway designated in Montgomery County.
Section 227.812 - Firefighter Benjamin J Polson Memorial Highway designated in St. Louis County.
Section 227.813 - Samuel C Houston Memorial Highway designated in Clay County.
Section 227.814 - SP5 Billy J Meador Memorial Highway designated in St. Francois County.
Section 227.815 - WO1 Reginald D Cleve Memorial Highway designated in St. Francois County.
Section 227.817 - Championship Way designated in Clinton and Clay counties.