PURPOSE: This rule establishes the procedures for accomplishing the work on Capital Improvements and Maintenance Projects.

1. (1) Bidding.

   1. (A) Soliciting Bids. Section 8.250, RSMo requires that public bids be solicited for work under this program. It is the policy of Missouri to solicit proposals from all parties with interest in work under this program. When appropriate, solicitation for bids will go beyond the minimum requirements of the statutes and/or this rule. Notice of solicitation for bids on projects in major metropolitan areas will be sent to minority contractor assistance organizations. Solicitation for bids shall be authorized only after review and approval of drawings and specifications have been completed in accordance with 1 CSR 30-3.030. If installed function equipment is separately procured, specifications for the equipment will be coordinated with the Design and Construction

Division of Facilities Management, Design and Construction prior to initiating any purchasing procedures. This coordination is essential to assure that the facility can accommodate the equipment.

1. 1. Contracts costing more than twenty-

five thousand dollars ($25,000). Contracts costing more than twenty-five thousand dollars ($25,000) will have solicitation advertised in accordance with section 8.250, RSMo Supp. 2007. In addition, when appropriate, individual firms shall be contacted to determine their interest and/or solicit their interest.

1. 2. Projects costing twenty-five thousand

dollars ($25,000) or less. Projects costing twenty-five thousand dollars ($25,000) or less will be referred to in these regulations as small projects. Small projects may be accomplished through the use of standing maintenance contracts in accordance with 1 CSR 30-4.030(3) or they may be individually procured by the agency in accordance with these instructions and, when appropriate, the current policies of the Division of Purchasing. They may be funded from operations appropriations or non-appropriated funds following these procedures.

1. 3. Emergency repairs. For emergency

repair projects, firms that are available and competent to perform required work will be invited to visit the site for examination and discussion of the work. Attending firms will be provided with available drawings, specifications, proposal forms and instructions for submitting proposals. Telephone bids for an hourly rate with a “total not to exceed” amount may be accepted. Work included in an emergency request for proposals shall be held to the minimum necessary to eliminate hazards and/or prevent further damage. Corrective work shall not be included in the emergency request, but shall be incorporated into a separate project for later solicitation. Projects for emergency repairs the cost of which exceeds twenty-five thousand dollars ($25,000) require approval of the director. Requests shall include scope, source of funding and, when appropriate, drawings, specifications and proposal forms.

1. (B) Pre-Bid Conference. When appropriate, a pre-bid conference will be held at the project site. Interested firms will be invited to inspect and discuss the project work. Answers and clarification, or both, to substantive questions raised at the pre-bid conference will be published in an addendum distributed to all plan holders having made deposits.
2. (C) Addenda. Substantive changes or clarifications established between the times of solicitation and receipt of proposals will be issued as addenda to all plan holders who hold plans. Sufficient time, including an extension if necessary, shall be allowed for addenda to be received, considered and incorporated into proposals submitted for the work.
3. (D) Receipt and Opening of Proposals. Unless otherwise approved by the director, all proposals will be received at the office of the Division of Facilities Management, Design and Construction. Proposals received in response to a solicitation shall be held secure until the bid opening. If requested in writing and properly identified prior to the set date and time for opening, proposals may be returned to the firm making the submission. At the set date and time, all proposals received shall be opened and made public. Proposals received after the set date and time for openings shall be returned unopened to the firm making the late submission. For good and sufficient cause in the best interest of Missouri, the director may reject any or all proposals.
4. (E) Evaluation of Proposals. Proposals received shall be evaluated based on the method of procurement as defined in the bidding documents within the available appropriations. When several appropriation items are combined in a single lump sum bid item, the total price for the sin gle bid item shall not exceed the total of the amounts appropriated for all the included items.

1. (2) Contracts. Approval by the director of a contract(s) for a project in the program for twenty-five thousand dollars ($25,000) or more will be granted only after review and approval of drawings and specifications in accordance with 1 CSR 30-3.030. The bid tabulation and the contract shall be submitted together for review and approval.

   1. (A) Award of contracts shall be made to the bidder successfully meeting the requirements of the bidding documents within the available appropriations.
   2. (B) Intent to Award. An intent to award letter shall be issued to the successful bidder upon approval by the director. The purpose of the intent to award is to notify the successful bidder of their selection so they may obtain the necessary insurance and performance bond to allow the notice to proceed to be issued. The contract period begins with the issuance of the intent to award letter.
   3. (C) Contract Documents. Contract documents normally shall require, as appropriate, performance/payment bond, Workers’ Compensation insurance, comprehensive general liability and property damage insurance, automobile public liability and damage insurance, owner’s protection liability insurance, builder’s risk (or installation floater) insurance and special hazard insurance. The director or his/her designee shall determine the form and items required to provide the complete contract documents. Evidence of these items shall be furnished on the forms and in amounts determined by the director to be necessary and/or in compliance with current statutes. In addition, drawings and specifications on which proposals were submitted shall be incorporated by reference in the contract signed by the successful bidder. Contracts shall not be approved until these contract documents, properly executed, are received by the director. Acceptance of insurers by the director is required for all bonds and insurance tendered. Failure to perform on a prior contract may be cause for rejection of an insurer. Failure to furnish the required contract documents in a reasonable time may be treated by the director as refusal to accept the contract and/or execute the contract.
   4. (D) Notice to Proceed. Notice to proceed with work on a project under this program shall be issued by the director, or his/her designee and work on a project will not be authorized until a notice is issued. This notice shall be issued only after encumbrance of funds for the contract. The date established by the intent to award letter establishes the start of the time for completion stated in the contract.

2. (3) Project Supervision. The director, as representative for the owner, shall be responsible for supervision of work on all projects under this program.

   1. (A) Department/Agency/Site. The department/agency and personnel at the project site are responsible for providing the contractor with reasonable access to the project site, available utility connections and authorized storage areas. These shall be arranged so as to minimize interference between necessary operations at the facility and the project work. Department/agency/site personnel shall:

      1. 1. Cooperate in exchange of information

and informal coordination with the contractor, but shall not assist the contractor with, or issue instructions on, project work; and

1. 2. Cooperate with and assist, to the

extent possible, the inspector of the work and the designer in observing the work, equipment and materials on the site. Unusual occurrences or apparent problems will be reported to the inspector at the earliest opportunity.

1. (B) Division of Facilities Management, Design and Construction. For each project in the program, the director shall designate an on-site representative. The director’s on-site 1 CSR 30-3

representative shall have responsibility for supervision and administration of the contract(s) on the project(s). This representative shall:

1. 1. Issue, in coordination with the

designer, official instructions to the contractor, provide coordination as necessary with site personnel and verify work or materials included in payment estimates;

1. 2. Assist with coordinating and schedul-

ing the work and provide coordination between contractors working at the project site;

1. 3. Be responsible for testing when indi-

cated by conditions or special requirements, as well as for periodic reports or recommendations to the director;

1. 4. Notify the department/agency pro-

gram manager/service level manager of scheduled visits, meetings and inspections; and

1. 5. Maintain records of payments, pro-

posals, request for information, contract changes, etc. having to do with the progress of the work.

1. (C) Designer. The designer, when construction administration is included in their responsibility, shall:

   1. 1. Provide on-site observation to assure

that the work is in accordance with the contract documents;

1. 2. Issue, in coordination with the

inspector, official instructions to the contractor and verify work or materials included in payment estimates;

1. 3. Assist the contractor in establishing

the sequence and control for the several phases and trades involved in the project work;

1. 4. Provide expeditious review and

response for all submissions from the contractor and/or along with clarifications or interpretations of the intent of the contract documents;

1. 5. Provide reports for all meetings called

to review the work or progress or to resolve problems. Reports for periodic progress meetings shall include a resume of work to date, progress for the period, scheduled versus actual progress and efforts to resolve differences between the schedule and actual progress;

1. 6. Provide recommendations for resolv-

ing problems of unusual occurrences or unanticipated requirements; and

1. 7. Provide a complete set of repro-

ducible, as-built drawings for the project.

1. (D) Contractor. The contractor shall be responsible for providing:

   1. 1. A superintendent on the project site at

all times when work is in progress. This superintendent shall have the capability and authority to supervise the work and to make decisions relating to the work. Inspection and/or observation by others shall not be used as a substitute for the contractor’s superintendent;

1. 2. Assurance that the quality and quan-

tity of workmanship, materials and equipment on-site and/or incorporated in the project will meet the requirements of the contract documents;

1. 3. Coordination of all activities, person-

nel and equipment involved in the work under the contract along with coordination, as appropriate, with other contractors or personnel on the site. Access to the work site and/or storage areas will be controlled carefully to minimize interference with other personnel or activities at the site;

1. 4. Payment for any substantial costs of

connections for, as well as metering and use of, utilities available at the site;

1. 5. Complete sets of records, to include

drawings legibly marked to show any changes to, or deviation from, the original contract drawings, all approved shop drawings and operating instructions for all equipment installed under the contract; and

1. 6. A safe work environment in compli-

ance with Occupational Safety and Hazard Administration (OSHA) regulations must be maintained at all times.

1. (E) Preconstruction Conference. The inspector of the work shall call together the contractor, the designer, a site representative and other interested parties for a conference at the site prior to the start of work on the project. The administrative procedures as well as coordination of access, security, storage, utility connections, areas of responsibilities and the authority for interpretations and/or issuance of instructions will be reviewed to assure understanding by all parties. Instructions will be provided by the inspector for any requirements or conditions requiring special attention.
2. (F) Construction Progress Meetings. The inspector shall periodically call together the designer and the contractor to review progress of the work in addition to the review and verification of payment requests. Schedule versus actual progress will be examined. When actual progress has fallen behind scheduled progress, adjustments in work force, materials, equipment or other factors, as appropriate, shall be established at the progress meeting to assure completion within the time allowed.
3. (G) Contract Changes. Changes in the work shall be approved only when the director determines that it would be detrimental to bid the work separately. If possible, pricing for contract changes will be determined from unit prices stated in, or derived from, the contractor’s original bid proposal. Contract changes shall not be used to expand the scope of work beyond the intent of the appropriation. Contract changes shall be submitted in such form as may be established by the director, and the proposed work shall not proceed until approved by the director or his/her designee. The designer shall coordinate proposed changes with the inspector and the department/agency and then prepare the contract change including appropriate drawings and specifications. After review and approval of the contractor’s proposal the designer shall furnish the contract change and proposal to the inspector for recommendation and forwarding to the director. Submission and approval of an encumbrance in the amount of the contract change shall proceed concurrently with approval and signature for the contract change. Notice to proceed with work under a contract change shall be issued only after confirmation of available funding.

4. (H) Inspections. The contractor is responsible for completion of all work in accordance with the contract documents. Periodic visits and observations by the inspector and designer are for assistance and shall not be used as a substitute for the contractor’s required responsibilities under the terms of the contract.

   1. 1. Pre-final inspection. When the con-

tractor has substantially completed the work, s/he shall notify the inspector requesting a pre-final inspection and provide a complete list of all items remaining to be completed. The inspector, with the designer and contractor, shall review this list, examine the work and note any exceptions or additional items to be corrected or completed. After review of the items to be corrected and completed and considering the time necessary to accomplish these, a time and date will be set for final inspection.

1. 2. Final inspection. Final inspection

shall be an examination of the completed project, with particular emphasis on the items for correction and completion established in the pre-final inspection. Representatives of the department/agency, and when appropriate, the grantor or donor of support funding shall be invited to participate in the final inspection along with the inspector, the designer and contractor. Any items remaining for correction and comple tion shall be noted and the contractor shall be given a specific time to accomplish these items. Items of testing and adjustment which are incomplete due to seasonal requirements will be scheduled for completion in the appropriate season. Final acceptance may be made after completion of all items except for testing or adjusting seasonal equipment. Design and Construction

1. 3. Warranty period. During the warran-

ty period the facility operator shall inform the contractor of all deficiencies encountered needing correction. If not corrected within a reasonable period of time, the inspector shall be notified.

1. 4. Warranty inspection. All items of

equipment, materials and work are guaranteed or warranted for at least one (1) year after final acceptance. During the tenth or eleventh month following completion, the designer shall schedule a meeting at the project site with the contractor, a representative of the department/agency/site and a representative of the director. Performance of items under guaranty or warranty will be examined to assure that they are providing satisfactory service. Deficiencies shall be noted and the contractors shall be given a specific time for correction. Payment/performance bonds shall not be released until after the warranty inspection and correction of noted deficiencies. This warranty inspection shall not be construed to limit or relieve any responsibility of the contractor to provide call-back or other service or correction of deficiencies during the warranty period for the equipment, materials or work on the project.

1. (4) Exemptions. There are specific exemptions from requirements of this rule provided by the Missouri Constitution or by the Revised Statutes of Missouri.

   1. (A) Department of Transportation projects and expenditures for highway construction and highway mainte nance are exempted from 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, Division of Facilities Management, Design and Construction, or both, for soliciting and receipt of proposals, award of and payments for contracts and contract supervision.
   3. (C) The director of the Division of Facilities Management, Design and Construction may waive the requirement of competitive bids for construction projects when the director has determined that there exists a threat to life, property, public health or public safety or when immediate projects are necessary for repairs to state property in order to protect against further loss of, or damage to, state property, to prevent or minimize serious disruption in state services or to ensure the integrity of state records. Emergency contracts for construction shall be made with as much competition as is practicable under the circumstances.

AUTHORITY: sections 8.310 and 8.320, RSMo 2000 and subsections 6 and 7 of section 15, 1974 Reorganization Act.* 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. Amended: Filed Nov. 30, 1993, effective July 10, 1994. Rescinded and readopted: Filed Nov. 5, 2007, effective June 30, 2008.

*Original authority: 8.310, RSMo 1958, amended 1965, 1984, 1987, 1995 and 8.320, RSMo 1958, amended 1965.