Mo. Code Regs. Ann. tit. 7, § 10-15.010
PURPOSE: This rule implements the requirements set forth in section 227.105, RSMo (Cum. Supp. 1996), concerning the prequalification of cerlain confmckm fo bidfor highway projects with an estimared cmf in excess of two million dollars.
(1) Definitions.
(A) The following definitions apply to this Vk
Highways and Transportation Commission and all its members, jointly and severally;
Highways and Transportation Department, which may also be commonly referred t” as the Missouri Department of Transportation. “Deparnment” includes the chief engineer and all other officers and employees of the department, unless the text of this rule clearly indicates a contrary construction is intended;
engineer of the department; or if that position is vacant, then it means the deputy chief engineer;
combination of excavation, construction, demolition, maintenance, fabrication, paving, dredging, repair, erection, electrical, landscaping, seeding and mulching, erosion catrol, installation, manufacturing, transportation or other work, done under a contract with rhe commission or department on or for any existing or proposed road, highway or bridge in the Missouri state highway system:
ment between a contractor and the commission or department, including but not limited to a purchase order or similar writing. A cnntract may include two (2) or more different highway projects as part of a required or permissive combination; and
tor’s own estimate, in the form of a complete and responsive bid, submitted by a conrractor for a highway project. The contractor’s cat -_ estimate may be adjusted for mathematical and clerical accuracy by the department. This adjustment by the department will be considered to be part of the contractor’s cost estimate. A contractor’s hid (as adjusted) on a highway project is equivalent to that contractor’s cost estimate.
(2) Application of this Rule.
(A) This rule does not apply to-
tractor questionnaire on tile with the department, and which contractor (including, in the case of a partnership or joint venture, any component contractor) has performed any work for the department within the five (5) years preceding the date that contractor’s hid for any highway project, “I combination of projects, shall be opened by the department;
tractor questionnaire on file with the department, which has performed no work for the department within the five (5) years preceding the date that contractor’s bid for any highwy project or combination of projects shall be opened by the department, and which submits a bid (or cost estimate) on each individual highway project at or below two (2) million dollars; and
ments of either paragraph (2)(A)l. or 2. of this rule is exempt from having to be prequalified to bid under section 227.105, RSMo (Cum. Supp. 1996), effective August 28, 1996.
(3) Contractor Prequalification Required to Bid, When.
(4) Contractor Prequalification Responsibility.
(A) A contracmr (which, with reference to a partnership or joint venture, includes all component conrractors jointly and severally) which has performed no work for the depanment during the preceding five (5) years must supply the following information to the satisfaction of the department, on a prequalification contractor questionnaire form obtained from the department, in order to become prequalified to bid on any highway project with a completion cost estimated by the contractor through its bid to be in excess of two (2) million dollars:
other contractnr on a standard contractor questionnaire form. The prequalification contractor questionnaire form requests this information also. It is not necessary for a contractor to complete both forms to be prequalified;
which the contractor desires to be prequalitied. A contractor may apply to be prequalified in any one (1). more than one (l), or all types of highway project work. For the purposes of this rule, the various general highway project work types are-
till, grading, hauling, wasting, compaction and/or landscaping, including signing and signaling and other related work;
signing and signaling, guardrails, shoulders, and other related structures;
ment, including signing and signaling, guardrails, shoulders, and other related strutt”ES:
strwt”res, including signing and signaling, guardrails, shoulders, and other related stmctures; and
ject types of work (which the contractor must describe specifically):
forming the type(s) of highway pmject for which prequalification is requested. The contractor must include the construction experience of the contractor’s key personnel necessary to complete the type(s) of highway project designated;
the type(s) of highway project that the contractor has requested to be prequalified in. At a minimum, this shall include a showing of the contracror’s ability to complete highway projects in a timely manner, by fumishing to the department a listing of all projects completed within the last five (5) years similar to the type(s) of highway project that the contractor requests prequalification 0”;
contractor is qualified to perform. This showing can be made by a signed and notarized writing from the contractor’s surety bonding company or broker, stating the type(s) of highway projects (as designated above) for which that company or broker will issue a performance and payment bond in an amount in excess of two (2) million dollars, to cover the highway project work and debts of that contractor;
tor’s current insurance coverage, including comprehensive general liability, worker’s compensation, and automobile/vehicular COY- wage. The evidence of insurance shall, at a minimum, demonstrate that the contractor has the same insurance required by the commission of other contractors to perform construction work on a state highway project. Or, the co”tractor and its insurance company or broker shall submit notarized statements that the contractor is able to and shall obtain the required types and amou”ts of insurance, with the required endorsements, prior to commencing work if the contractor is awarded a Missouri state highway project contract;
Missouri resident individual or firm as its agent for the receipt of legal process. This designation must include the complete name, street and mailing address and phone number of that designated agent;
work in progress, whether or not the work is a highway project. This listing shall include the total value of all such work not yet completed, and the contract and estimated actual completion dates of these projects;
available for the type(s) of highway project for which prequalification is requested. For the purposes of this rule, equipment is available if the cOntractor currently owns, rents or leases that equipment, or if the contractor has the present ability to rent, lease or purchase such equipment so that it is available for use on such designated type(s) of highway project. The designation of available equipment shall include a specific list of all classes of equipment available to perform the type(s) ot highway project work designated for prequalification, and whether they are currently owned, leased, or available for rent, lease or purchase; and
provide from its highway project surety bonding company, copies of records from the most recent audit issued of that company (and not the brokerage company which merely sells
CODE OF STATE REGULATlONS Division lC-Wssouri Highways and Transportation Commission
the surety bonds issued by another company). Audit report documents and records from independent public accounting or certified public accountant (C.P.A.) firms are preferred. rather than internal bonding company audits. This information should indicate the general financial stability of the surety bonding company the contractor anticipates “sing to bond its highway projects in Missouri. If the bonding company is listed in the “United States Department of the Treasury, Fiscal Service, Department Circular 570, Companies Holding Certificates of Authority as Acceptable Sureties on Federal Bonds and as Acceptable Reinsuring Companies” and is authorized to issue surety bonding instmments in Missourj, only a photocopy of the bonding company’s audit assets and liabilities balance sheet is necessary. The department prefers that the bonding company submit these audit record copies directly to the department. If it is not practical to obtain or submit these documents from the surety bonding company’s most recent audit, a complete and detailed explanation of why it is not practical to provide that information at present, when that information will be provided to the department, or why that information is not necessary to be provided, must be submitted in lieu thereof, with supporting documentation. The department will determine if the justification for why it is not practical to obtain or submit the bonding company audit information is satisfactory.
(B) tibmitting the Prequalification Contractor Questionnaire to the Department.
tionnaire must be completed fully and accurately, personally signed and notarized, and mailed or delivered to the department so that it is received by the appropriate departmental staff no less than seven (7) calendar days prior to the date and hour the contracmr anticipates bidding on any Missouri highway project. However, if the contractor already has a standard contractor questionnaire on file with the department, it may bid on any Missouri highway project which the contractor’s bid estimates will cost two (2) million dollars or below.
tionnaire must be mailed or delivered to: Division Engineer, Design Missouri Department of Transportation 105 West Caoirol Avenue P.O. Box 276 Jefferson Citv. MO 65102.0270
(C) Delivery m&be in person, by a representative or agent, or by any United States Postal Service or exprkss delivery company, without restriction, as long as it is complete and received in the appropriate office of the
(i/29/97) Rebecca McDowell Cook
Chapter E-Contractor Prequalification
department no later than seven (7) calendar days prior to the date and hour the contractor’s bid will be opened by the department.
(5) Departmental Review and Contractor Prequalification.
(C) If, in the discretion of the designated staff of the department, the contractor’s prequalification contractor questionnaire and attachments do not show that the c”ntract”r is qualified t” bid on any one (1) “I more of the
Rebecca McD”well Cook (1129197) secretary 0‘ state
type(s) of highway project for which the contract”r has requested prequalification, that departmental staff shall notify the c”ntract”r applicant in writing that the application is still undergoing review, and shall refer the matrer t” the chief engineer; or if the chief engineer is unavailable, the deputy chief engineer; or if they are unavailable, to the assistant chief engineer, design. That individual shall make the final administrative decision on behalf of the department, as to whether the contractor is or is not prequalified t” bid on any or all types of highway projects for which prequalitication is requested. That individual shall act no later than twenty-one (21) calendar days after the date the completed prequalification contractor questionnaire with all attachments was received. No further appeal or review within the depalfment is available.
The request for review shall state specifically and completely the legal and factual basis upon which the contractor believes its prequalification application was denied in error. No new documentation or information may be submitted at this time which was not made a part of the originally-filed prequalification c”ntraa”r questionnaire. At the commission’s sole discretion, the commission shall decide if it wishes to review the final depanmental decision. If the commission elects to itself review that decision, it shall make its review when it deems best, upon the records and documents in the possession of the department. There will be no tirther briefing, personal appearance, argument or presentation to the commission by the contractor or its representative, agent or attorney. The c”mmission’s decision on that record shall supersede the prior decision of the department, and shall then constitute the tinal administrative decision. If the commission elects in its sole discretion t” not review the department’s decision, then that departmental decision shall stand as the tinal administrative decision.
(6) Effect of Contractor Prequalification.
cost estimate of that highway project is not in excess of two (2) million dollars.
(7) Miscellaneous Provisions.
that statute and section 610.021, RSMo (Supp. 1995), as it may be amended.
AUTHORITY: sections 227.105, RSMo (Cum. Supp. 1996) and 226.130 (Supp. 1995). Emergency rule filed Aug. 15, 1996. effective Aug. 28, 1996, terminated Nov. 22, 1996. Emergency filed Nov. 12, 1996, effective Nov. 22, 1996, expired March 31, 1997. Original rulefiled, AU&T 15, 1996 as 7 CSR 10.15.900 changed to 7 CSR 10-15.010, effective Feb. 28, 1997. (1129197) Rebecca McDowell Cook Chapter E-Contractor Prequalification RETURN TO: MISSOURI HIGHWAY AND TRANSPORTATION ~ktiti~~ tdame “nkr which YW ~bh m bid (ifnpiaend with the MISS& Scnecmy of Sue) P. 0. Box City and State Telephone No. ( FaxNo. ( Has this fm or organization (or in the cay cf a parmership or @ii ventur. has any contractor which is included within this Fmn or organization) perfomd any work as a CONmXor Or subconhdnor for Ibz MissOwi Highway and Transponatio,, Commission, the Missouri Highway and Tm~~~ponari~n Depamnent. or rhc Missouri Deparvne~ of Trans+w~tion, in the la% five (5) years? If yes. give complete details. descriptions and dates on additional sha5.s a5 w&d. This fmn or organization ba ~kontmtor in the heavy and highway co-ion Has your firm or organization ever failed to complete tiy work awarded to you? If so, where and why? (Attach additional sheets as needed.) Has you firm or organization ever failed to complete any work in a &ely mannz? If so. where and why? (Attach additional sheets a$ needed.) Type(s) of work on which yourfvm or organization desires to be prequcrlified: __ Earthwork __ Bridges, Culverts and other similar stmctums Rebecca McDowell Cook (1129197) C0NTRAcToRNo. Lilgz? th0ti ~epamnuu or 1nu~lpoti0n Atm: Design Division P. 0. Box 270 Jefferson City, MO 65102 PREQUALIFICATION CONTRACTOR QUESTIONNAIRE Street Address Zip Code ) Date Submitted ) -YcS ---No y?alT experience a.9 a getmral mnuactN an&or field Portland Cement Concrete Pavement __ Bituminous Pavement __ - All other (Explain): 1 of5 RI vision Date: 10128196 COMMISSION _ A Pprtoerrhip _ A ccq?aNfim _ A Joint “enlure _ A Limited L&lily Corp. _ A Limited Liability Partnership yemasa Division l&Missouri Highways and 7CSRlO-15-DEPARTMENTOFTRANSPORTATION Transportation Commission PREQUALlFlCATlON CONTRACTOR QUESTIONNAIRE This organization has completed the following similar projects for the type(s) of work designated within the last five years. (Attach additional sheets as needed.) wben L‘xation Pmjxt owner’s Conuact Typeof Completed city and state Name and Address Amount work -I-- Listed below are the organization’s current projects in progress. including the value of projects not yet completed and their completion dates. (Attach additional sheets as needed.) LOCAOtl City and State I I Listed below is the orgStIi&On’S construction W.petienCe of personnel performing the type(s) of work designated. (Attach additional sheets as needed-) Resent Nt3tX.Z Position i 2of5 (11299197) Rebecca McDowell Cook Chapter E-Contractor Prequalification 7 CSR 10-15 PREQUALIFICATION CONTRACTOR QUESTIONNAJRE Listed below is the organization’s equipment available for the type(s) of work designated. (Attach additional . sheets as needed.) : NUiXbX of units LkSXipti0Il Liited below are all the offtcers. owners and/or directors of this organization, their present position, and their construction experience. (Attach additional sheets as needed,) Years of Resent COtUUlKtiOll POSitiOll Experietxx Do any of the people listed above, @I) work for or other firms that have a budness rdatiomhip with yw fii? No (If yes list below) --.-yes - Business & Function 3ofS Rebecca McDowell Cook (1129197) secretary 0‘ state Division VI-Missouri Highways and Transportation Commission 7CSRlO-l!GDEPARTMENTOFTRANSPORTATlON PREQUALIFICATION CONTRACTOR QUESTIONNAIRE Listed below is a Missouri residen! designated by tis organiration a$ it3 ages for the receipt d legal pocess. Please attach current cerIificate(s) of insnmxc cowrage. including compchetive general liability. worke<s compensation and auto~bilelvehicular coverage. If this coverage &es IXX meet all requiremuas of a conua3or under Sec. I07 of tie Missouri sun&d Speciticaticm for Highway Construction. then both the conbxtor organization and its insurance company or bmker shall submit notarized statemews that the contractor is able to and shall obtain the required types and amounts of insurance. wi* the required erdorsemenrs. pior to co mmencing work if the contractor is awarded a Missouri state highway project CO- tf the organization’s Bonding Company is not listed in rhe curre~ “United States Departmmt of fhe Treasury, FIxal Service. Cepanment Circular 570. Companies Holding Certificates of Authority as Acceptable Sureties on Federal Bonds and as Acceptable Reinsu&g Companie.s”, attach the most recent complete audit of that Bonding Company. If the Bonding Company is so listed. at a minimum attach the complete balance sheets from the last audit of that Bonding Company. Attach a signed and notarized writing from the organization’s surety bonding company or broker. stating the type(s) of highway pm+ for which that company or bmker will issue a performance and payme~ bond in an amoanl in excess of two million &llan ($2.ooo,My)). 1” ulyer the highway pmject work and debts of the organizadon It a corporation, attach a copy of the organization’s current annual repon. or initial repon if a new mrporatioh on file with the Corporation Division of !be h4issowi Secretary of State’s Office. Each corporation which is a party to a j&t yeNore shall submit the same required npn with its joint venture contractor questionnaire. See Sec. 102 of the Missouri Standanl Spccilicatiorrs for Highway Consnxcdon. If applicable. provide a certified copy of tlx tititiour nanx2 registration with the hiiti secretary of state If this firm or any of dx listed individuals is mxv of has been debarred, suspended or restricted from bidding by any state or federal agency or official. check here __ and attach details on additional sbee~~ as needed. This firm will comply with all written requesS by ti Missouri Deof Labor and Indumial Relations, Division of L&x Standards. to provideinformation for the purpose of establishing a prevailing wage. Signature(s) 4of5 (1129197) Rebecca McDowell Cook secretary 0‘ state Chapter E-Contractor Prequalification PREQUALIFICATION CONTRACTOR QUESTIONNAIRE AFFIDAVIT , king duly swan stated that (s)he is t-r&m pinled onid, Mm.3 , that (s)he has read and understands the requiremarn of Section 227.105, RSMo Supp. of (hkms d Frm) 19%. and Rule 7 CSR 10-15.900. %-qualification to Bid of Calah Contractors”, lhat (s)h is atirizd &XWMU on behalf of this firm, and that all statemnts on this form and attxhmnts Subscribed and sworn to before me by who pe~nally appeared before ree and is known to n3z to te the paon described in and who executed tk foregoing z&i&tit, (s&c executed the same BS and aclolowledged that Di WIRiFsS WHEREOF I have hereto set my hand and tiied my offvzial seal at my office in , this Seal of Notary Public Typed or Printed Name of Notary Public My commission expires 5 of5 Rebecca McDowell Cook (i/29/97) secretary 0‘ State 7 CSR lo-15 Cl-IkdOfkU) to execute this thereto are hw cumct and complete. Signature of the Officer freeactanddeed day of . I9 _ Notary Public Signature . 19 __