PURPOSE: This rule sets forth the procedure for design of projects.

1. (1) Selection of Designer.

   1. (A) Design by Department/Agency. The department/agency may recommend in-house design for those projects within their capability and capacity, provided they have licensed engineers or architects to seal the prepared plans and specifications. The director will concur with this recommendation unless there appears to be a substantial question of capability or capacity. The director will be the determining authority for questions of department/agency capacity and/or capability for design of projects.
   2. (B) Design by Division of Facilities Management, Design and Construction. The director will examine projects remaining after selections for in-house department/agency design. Those projects that are cost prohibitive to be done by consultants or for which the Division of Facilities Management, Design and Construction has the capability and capacity may be selected for in-house design by that division.

   3. (C) Design by Consultants. Private consultants will be selected by the director for design of the balance of the projects.

      1. 1. The director will maintain a file and

database of consultant firms who have expressed interest in performing work on projects. This file will include notations of specific areas of experience or expertise as expressed by each consultant firm and ratings of previous projects completed and evaluated by the division.

1. 2. The department/agency may make

recommendations for selections of consultants for design of projects not selected for inhouse design.

1. 3. The selection of consultants will be

based on the factors set forth in section 8.289, RSMo. The director will approve the selected consultants after full consideration of the consultants’ professional and technical competence, experience, special expertise, and capacity necessary for studies and/or design of proposed projects.

1. A. Consideration will be given to pro-

viding opportunities for as many competent consultants as possible. Consultants who have not been retained for recent state projects will be given priority consideration in selections for new projects.

1. B. In those projects or programs

where continuity is a significant factor, consideration will be given to continued retention of a consultant already engaged for existing projects or programs.

1. (2) Consultant Firm Design.

   1. (A) Contracts. The division will negotiate contracts for consultant studies and/or design in accordance with section 8.291, RSMo. These contracts will be negotiated for a reasonable fee considering scope, difficulty, research, disciplines involved, and proposals by the selected consultant. The director reserves the right to approve additional consultants retained by the selected consultant for work on the project or study.
   2. (B) Communications. All official communication and direction to the consultant will be issued by the director or his/her designee, and all official communications for all designs and/or studies by the consultant will be with the director or his/her designee. This will include all submissions for approval or payment, recommendations for modifications of scope, or other guidance and resolution of any differences or problems encountered. This will not limit informal communication or coordination between consultants and department/agencies. Informal communication and working conferences between the department/agency, and the consultant are essential to successful completion of a project and are encouraged. Knowledgeable personnel shall be made available by the department/agency for consultations and site visits by the consultant. The consultant, by prior arrangement, shall have access to the project site at reasonable times. Records and conclusions reached at any working conference(s) between the department/agency and the consultant will be forwarded to the director or his/her designee by the consultant for review and approval.
   3. (C) Consultant’s General Responsibilities. The consultant is responsible for establishing the concept and planning for the project, as well as providing completed designs, studies, or both as indicated in consultant contract. For project design, the consultant is responsible for providing plans and specifications to fully describe the equipment, materials and work for completion of the project in accordance with the criteria, funding, and scope provided by the director. Periodically, as scheduled in the contract, the consultant will submit work for review and approval. The submissions will include estimated costs for all project work. When estimates for the complete project work exceed allocated funding, the consultant immediately shall notify the director, recommending adjustments and requesting further instructions before proceeding with additional design and/or study. Acceptance of the contract by the consultant includes acceptance of the adequacy of allocated funding for the work and the responsibility for redesign, if necessary, to establish a scope of project work within allocated funding.
   4. (D) Payments. Payment method and/or periods will be as stipulated in the consultant’s contract. The director is responsible for review and approval of a consultant’s requests for payment. Approval of payment to a consultant will be based on review and approval of work completed to the date of the payment request. Where there appear to be differences between the payment request and the demonstrated progress, those differences will be resolved by decision of the director or his/her designee.

2. (3) Design Review. Designs and/or studies will be submitted to the director or his/her designee for review and approval in all projects designed by a department/agency or a consultant. The director’s review will include examination of technical adequacy, as well as economy of materials and construction methods proposed. In addition, the director will examine estimated costs to assure that projects remain within funding authorizations. The review will be commensurate with the scope, complexity, and cost of the work. In the case of design by a consultant, review will be coordinated with the department/agency concerned. One (1) complete copy of each submission will be forwarded by the designer to the department/agency simultaneously with the submission to the director or his/her designee. Comments by the department/agency representative, if any, will be forwarded to the project manager. Department/agency comments, along with comments of the Division of Facilities Management, Design and Construction, will be used as the basis for response to the designer.

   1. (A) Pre-Design Conference. For projects designed by a consultant, a pre-design conference will be scheduled by the project manager with the consultant and the representative of the department/agency concerned. The project definitions established in the initial coordination will be reviewed to confirm or adjust project criteria, scope, cost, scheduling, and funding allocation. Initial fund distribution for the cost elements of the project will also be reviewed to confirm or adjust this fund distribution. Limitations and/or requirements expressed in the appropriation language should be carefully observed to assure that the project scope, costs, and funding remain within the authorization of the appropriations. The designer must agree that the Design and Construction

scope of work can be accomplished within the available funding. When appropriate, the pre-design conference will be held at the project site to assure that all parties are familiar with the conditions under which the work will proceed, and that accommodations necessary to support the work are available. The design schedule begins with completion of the pre-design conference. After that, no changes will be made in the scope or funding of projects without written approval of the director.

1. (B) Design Review Submissions. For projects designed by a consultant, normally, a minimum of three (3) design review submissions will be made. These submissions will be made at approximately twenty percent (20%), fifty percent (50%), and one hundred percent (100%) of design completion to provide for timely review of technical and economic considerations in the design. For minor projects, the first two (2) submissions, with the approval of the project/construction manager, may be combined to provide design reviews at fifty percent (50%) and one hundred percent (100%) of design completion.

   1. 1. Schematic. Initial submission

(approximately twenty percent (20%)) should provide drawings and an outline of specifications, in sufficient detail to demonstrate the proposed concept for arrangement, as well as the criteria and general parameters used for architectural, electrical, mechanical, and structural development. Proposed innovative methods or development should be presented in sufficient detail to permit a review in depth. An estimate should be submitted in sufficient detail to demonstrate the costs of the various elements of work as well as the total cost for completion of all project work. A copy of all items in the schematic submission will be furnished to the department/agency that will occupy or use the completed project. Comments and/or recommendations of the department/agency will be forwarded to the project manager. The project scope and cost estimate should be reviewed carefully to assure compliance with requirements and/or limitations of appropriation language. Approval by the director’s representative of schematic submission will indicate acceptance of, or required revisions to, scope, criteria, design parameters, and cost estimate.

1. 2. Design Development. The second

submission (approximately fifty percent (50%)) should provide drawings and outline specifications to indicate general architectural, electrical, mechanical, and structural development of the approved concept. The development should clearly demonstrate sizes, capacities, and arrangement, and include sufficient details to define major elements of architectural and structural work and to define sizing, location, routing, and application of mechanical and electrical equipment and/or work. An estimate should be submitted in sufficient detail to demonstrate costs of the various elements of work as well as the total cost for completion of all project work. The detail should indicate costs for major items of equipment as well as a breakdown of labor and material costs for each trade with significant work on the project. When the first two (2) design review submissions are combined, a copy of all items in the design development submission will be forwarded to the department/agency that will occupy or use the completed project. Comments and/or recommendations of the end user will be forwarded to the project manager. When a project site is in a city or county that has adopted codes for regulation of work involved in a project, the designer will furnish one (1) courtesy copy of the design development drawings and specifications to the code review authority of that city or county. The transmittal shall note that the plans and specifications are furnished as a courtesy, for information only, and that the code review authority, if it desires, may submit comments to the director’s representative for consideration.

1. 3. Final Review. The final review sub-

mission is to contain one hundred percent (100%) of the completed drawings and specifications, including the documentation required to solicit bids. Drawings and specifications will be submitted in accordance with the latest issue of State of Missouri’s Standard Specification Format as published by the Division of Facilities Management, Design and Construction. The documents are to be complete, and sealed by appropriate engineering and/or architectural disciplines. A final construction cost estimate should be submitted in sufficient detail to demonstrate costs of the various elements of work as well as the total cost for completion of all project work. The detail should indicate costs for major items of equipment as well as a breakdown of labor and material costs for each trade with significant work on the project. The final review documents and a copy of all previous comments and responses generated during the design development submission will be included with the submittal. Comments and/or recommendations of the department/agency will be forwarded to the project manager.

1. 4. Construction Documents. This final

submission shall consist of drawings and specifications and construction cost estimate. The documents are to be complete, sealed by appropriate engineering and/or architectural disciplines, and ready for issuance for bidding. Upon receipt, the project manager will finalize the bidding documents. The director’s designee performs an administrative review of the documents and, if acceptable, signs the documents as appropriate.

1. (4) Codes and Standards. The following are adopted as the codes and standards for work on state facilities, with the exception of facilities operated and maintained by agencies exempted from the requirements of this regulation as set forth below. The chief engineer/architect of the division is the authority for code determinations.

   1. (A) International Building Codes (IBC– current edition);
   2. (B) The Americans with Disabilities Act (ADAAG–current edition);
   3. (C) National Fire Code (NFPA 70 - National Electrical Code and NFPA 101–Life Safety Code–current editions);
   4. (D) International Mechanical Code (IMC–current edition);
   5. (E) International Plumbing Code (IPC– current edition);
   6. (F) American Society of Heating, Refrigerating and Air-Conditioning Engineers (ASHRAE Standards 90.1 for Energy Efficient Design of New Buildings except Low-Rise Residential Buildings–current edition);
   7. (G) American Society of Mechanical Engineers (ASME–current edition);
   8. (H) American National Standards Institute (ANSI–current edition);
   9. (I) American Concrete Institute (ACI–current edition);
   10. (J) Sheet Metal and Air Conditioning Contractor’s National Association (SMAC- NA–current edition);
   11. (K) Boiler and Pressure Vessel Act of the State of Missouri– (current edition).
   12. (L) Local Codes. Current codes adopted by a Missouri city and/or county in which a project site is located are applicable only to the extent that they are not in conflict with the codes listed above or are otherwise required by statute. The State of Missouri and its contractors are exempt from paying license, inspection, or similar fees for work on state premises.

2. (5) Bidding.

   1. (A) Prospective Bidders. Consultants retained for design work should assist the director in establishing a list of prospective bidders for projects they design. If necessary, consultants will contact prospective bidders to determine and/or solicit interest in bidding for the work. The department/agency will 1 CSR 30-3

provide, within its capability, similar assistance.

1. (B) Bid Review and Recommendations. The project manager will notify the designer and the department/agency of scheduled project bid dates. Immediately following the opening of bids for a project, the project manager may coordinate a review of the bids with the department/agency and, when appropriate, with the designer. If the bids for the project are within available funding and there is agreement on the low responsive bidder, the department/agency will forward its written recommendation for award to the director along with the encumbrance for the amount of the recommended award. If project bids are not within available funding or agreement on the low responsive bidder is not reached, the department/agency will forward to the director its written recommendation for subsequent action on the project. When requested by the director, the designer also will forward a recommendation on the bids received and/or subsequent action on the project.

1. (6) Exceptions. Exceptions to the requirements of this rule may be granted by the commissioner of administration or his/her designee upon presentation of satisfactory justification for those exceptions.

2. (7) Exemptions. There are specific exemptions from requirements of this rule provided by the Missouri Constitution and by the Revised Statutes of Missouri.

   1. (A) Department of Transportation projects and expenditures for highway construction and highway maintenance are exempted from the provisions of this rule by Article IV, Section 29, Missouri Constitution of 1945.
   2. (B) Institutions of higher learning, community junior colleges, and the Department of Conservation are exempted by section 8.310, RSMo from provisions of this rule which require coordination with or approval by the commissioner of administration and/or the director of the Division of Facilities Management, Design and Construction for defining projects, determining fund allocation, negotiation or approval of contracts, and approval of payments.

AUTHORITY: sections 8.310 and 8.320, RSMo 2016.* Original rule filed July 9, 1981, effective Feb. 15, 1982. Emergency amendment filed June 14, 1985, effective July 1, 1985, expired Oct. 29, 1985. Amended: Filed June 14, 1985, effective Aug. 26, 1985. Rescinded and readopted: Filed Nov. 5, 2007, effective June 30, 2008. Amended: Filed Oct. 11, 2018, effective May 30, 2019. *Original authority: 8.310, RSMo 1958, amended 1965, 1984, 1987, 1995, 2014 and 8.320, RSMo 1958, amended 1965, 2014.