Current through Register Vol. 49, No. 6, March 15, 2024
(1) Project Supervision. The director is
responsible for supervision of work on all projects with the exception of
projects for agencies that are exempt from this rule as set forth below.
(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 will be arranged to
minimize interference between necessary operations at the facility and the
project work. Department/agency/site personnel shall:
1. Cooperate by exchanging information and
coordinating with the contractor, but shall not assist the contractor with, or
issue instructions on, project work;
2. Cooperate with and assist, to the extent
possible, the director's on-site representative and the designer in observing
the work, equipment, and materials on the site; and
3. Report unusual occurrences or apparent
problems to the director's on-site representative at the earliest
opportunity.
(B)
Division of Facilities Management, Design and Construction. For each project,
the director shall designate an on-site representative. The director's on-site
representative may be a division employee, a consultant, or a department/agency
employee, as the director deems appropriate for that project. The director's
on-site representative is responsible for supervision and administration of the
project, including the following:
1. Issuing,
in coordination with the designer, official instructions to the
contractor;
2. Providing
coordination as necessary with site personnel and verifying work or materials
included in payment estimates;
3.
Assisting with coordinating and scheduling the work and providing coordination
between contractors working at the project site;
4. Performing or arranging for testing when
indicated by conditions or special requirements;
5. Providing periodic reports and/or
recommendations to the director;
6.
Notifying the department/agency of scheduled visits, meetings, and inspections;
and
7. Maintaining records of
payments, proposals, request for information, contract changes, etc. having to
do with the progress of the work.
(C) Designer. The designer shall provide
construction administration as set forth in the terms of the designer's
contract or, if the designer is a state employee, as follows:
1. Provide on-site observation to assure that
the work is performed in accordance with the contract documents;
2. Issue, in coordination with the director's
on-site representative, official instructions to the contractor and verify work
or materials included in payment estimates;
3. Assist the contractor in establishing the
sequence and control for the several phases and trades involved in the project
work;
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;
5. Provide reports for
all meetings called to review the work or progress or to resolve problems.
Reports for periodic progress meetings should include a review of work to date,
progress for the period, scheduled versus actual progress, and efforts to
resolve differences between the schedule and actual progress;
6. Provide recommendations for resolving
problems of unusual occurrences or unanticipated requirements; and
7. Provide a complete set of reproducible,
as-built drawings for the project.
(D) Contractor. The contractor shall be
responsible for providing all services set forth in the contractor's
contract.
(E) Preconstruction
Conference. The director's on-site representative shall call together the
contractor, the designer, a department/agency representative, and other
interested parties for a conference at the site prior to the start of work on
the project. The administrative procedures, 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. The director's on-site representative will
provide instructions for any requirements or conditions requiring special
attention.
(F) Construction
Progress Meetings. The director's on-site representative 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, should be established at the progress meeting to
assure completion within the time allowed.
(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 will 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 will coordinate proposed changes with the
director's on-site representative 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 director's on-site representative.
Submission and approval of an encumbrance in the amount of the contract change
should proceed concurrently with approval and signature for the contract
change. Notice to proceed with work under a contract change will be issued only
after confirmation of available funding.
1.
Pre-final inspection. When the contractor notifies the director's on-site
representative that the contractor has substantially completed the work, the
on-site representative, 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.
2. Final
inspection. Final inspection is 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 will be
invited to participate in the final inspection along with the director's
on-site representative, the designer, and contractor. Any items remaining for
correction and completion shall be noted and the contractor given a specific
time to accomplish these items. Items of testing and adjustment that 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.
3. Warranty period. All equipment, materials,
and work should be guaranteed or warranted for at least one (1) year after
final acceptance, unless otherwise approved by the director. During the
warranty period the facility operator shall inform the contractor of all
deficiencies encountered needing correction. If not corrected within a
reasonable period of time, the director's on-site representative shall be
notified.
4. Warranty inspection.
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 the
contractor is providing satisfactory service. Deficiencies shall be noted and
the contractor 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 contractual 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.
(2) Exemptions. There are specific
exemptions from requirements of this rule provided by the Missouri Constitution
or by the Revised Statutes of Missouri.
(A)
Department of Transportation projects and expenditures for highway construction
and highway maintenance are exempted from provisions of this rule by Article I
V, Section 29, Missouri Constitution of 1945.
(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.
*Original authority: 8.310, RSMo 1958, amended 1965, 1984,
1987, 1995 and 8.320, RSMo 1958, amended
1965.