Project Contracts and Work Completion

PURPOSE: This rule establishes the procedures for accomplishing the work on projects under the supervision of the director of the Division of Facilities Management, Design and Construction. (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 onsite 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 Design and Construction 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 mainte nance are exempted from provisions of this rule by Article IV, 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. AUTHORITY: sections 8.310 and 8.320, RSMo 2016 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. Amended: Filed Oct. 11, 2018, effective May 30, 2019. *Original authority: 8.310, RSMo 1958, amended 1965, 1984, 1987, 1995 and 8.320, RSMo 1958, amended 1965.