Mo. Code Regs. tit. 7 § 10-10.050
Current through Register Vol. 49, No.12, June 17, 2024
Section 7 CSR 10-10.050 - Procedure and Schedule for Completing the Contractor Performance Project EvaluationPURPOSE: This proposed amendment clarifies the intended use of an interim report.
(1) The contractor performance project evaluation shall be completed by the resident engineer assigned to the contract project(s). If the resident engineer is unable to complete the form, the district engineer responsible for those projects shall designate another person familiar with those projects to complete the contractor performance project evaluation.(2) The contractor performance project evaluation shall be completed in accordance with this chapter and with written guidelines given to the resident engineer by the construction and materials division. A copy of the current contractor performance project evaluation and completion guidelines may be obtained from the state construction and materials engineer.(3) Each contractor performance project evaluation shall be completed as an Interim Report, Annual Report, or Final Report. The report shall note which type of report it is. The following criteria govern each type of report and when it is completed: (A) Interim Report. This midseason report is completed on all contractors currently on probation or which have been disqualified. This report can be completed at any time during the year. An Interim Report will not be used in a contractor's performance determination. (B) Annual Report. This report is completed on all active projects. Each Annual Report shall be completed on all projects that were active during the rated year and shall be completed no later than January 15.(C) Final Report. This report is completed on all projects having received final acceptance during the rated year. The final contractor performance project evaluation will be completed within thirty (30) days after final project acceptance, but shall be completed no later than January 15, whichever comes first. The category ratings of performance for "Quality of Work," "Contract Compliance," and "Contract Administration" shall be evaluated only for the work performed during the rated year. The category rating of performance for "Prosecution and Progress" shall be predominantly based upon final acceptance of the project as compared to the contract completion requirements, after authorized time adjustments are made.(4) The resident engineer shall sign and date the contractor performance project evaluation when he/she completes his/her rating. This project evaluation shall be sent by the United States Postal Service registered mail, with notice of return receipt, to the contractor at the contractor's address contained in its most recent contractor questionnaire required by the Missouri Standards Specifications for Highway Construction.(5) The contractor's representative, at his/her election, may meet privately with the resident engineer to review the contractor performance project evaluation. If the contractor's representative does review the project evaluation, he/she shall sign and date it as an acknowledgment that he/she has reviewed it. If the contractor's representative does not return a signed project evaluation to the resident engineer within three (3) weeks after it has been mailed to him/her, the project evaluation shall be final, with no further comment to be considered by the contractor's representative. AUTHORITY: sections 226.020, 226.130, 227.030 and 227.105, RSMo 2000.* Original rule filed Dec. 31, 1990, effective July 8, 1991. Emergency rescission and rule filed Nov. 20, 1997, effective Jan. 1, 1998, expired June 29, 1998. Rescinded and readopted: Filed Nov. 20, 1997, effective May 30, 1998. Emergency amendment filed Nov. 9, 1999, effective Nov. 19, 1999, expired May 16, 2000. Amended: Filed Nov. 9, 1999, effective May 30, 2000. Emergency amendment filed Dec. 1, 2000, effective Jan. 1, 2001, expired June 29, 2001. Amended: Filed Dec. 1, 2000, effective May 30, 2001. Amended: Filed Nov. 20, 2002, effective June 30, 2003. Amended: Filed Dec. 5, 2006, effective July 30, 2007. Amended by Missouri Register June 15, 2017/Volume 42, Number 12, effective 7/31/2017*Original authority: 226.020, RSMo 1939; 226.130, RSMo 1939, amended 1993, 1995; 227.030, RSMo 1939; and 227.105, RSMo 1996.