reglab/statecodes huggingface dataset:
Missouri Code of State Regulations › Title 7 - MISSOURI DEPARTMENT OF TRANSPORTATION › Division 10 - Missouri Highways and Transportation Commission › Chapter 7 - Transportation › Section 7 CSR 10-7.010 - Distribution of Funds Appropriated to the Missouri Elderly and Handicapped Transportation Assistance Program

Current through Register Vol. 49, No. 14, July 15, 2024
PURPOSE: This amendment amends the term "handicapped"
				  to "handicapped/disabled" except where referencing the statutory program name;
				  removes and simplifies the regulatory burden of varying match requirements to a
				  consistent dollar-for-dollar; removes dates for applications, awards, and
				  disbursements; and removes the monthly disbursement requirement to reduce
				  regulatory burden to align with 7 CSR 10-7.030.
(1) Criteria. The following criteria is to be
				used to distribute state financial assistance to eligible transportation
				providers under section 208.260, RSMo:
(A)
				Eligibility. Applicants must-
1. Meet one (1)
				of the following criteria:
A. Be incorporated
				as a not-for-profit corporation in Missouri under the provisions of Chapter
				355, RSMo; or
B. Engage the
				services of a not-for-profit corporation, County Sheltered Workshop or
				Developmental Disability Services under the provisions of sections
				205.968-205.972, RSMo, or Senior Citizens Service Fund Tax under the provisions
				of sections 67.990-67.995, RSMo;
Missouri Code of State Regulations › Title 7 - MISSOURI DEPARTMENT OF TRANSPORTATION › Division 10 - Missouri Highways and Transportation Commission › Chapter 7 - Transportation › Section 7 CSR 10-7.020 - Definitions for Missouri State Transit Assistance Program

Current through Register Vol. 49, No. 14, July 15, 2024
PURPOSE: This rule defines terms applicable to the
				  Missouri State Transit Assistance Program and used in
				  7
				  CSR 10-7.020 through
				  7
				  CSR 10-7.030.
(1) Definitions. When used in administrative
				rules
				7
				CSR 10-7.020 through
				7
				CSR 10-7.030, the following words and phrases have the
				meaning set forth in this rule:
(A) Agency-a
				Missouri non-profit corporation eligible to receive directly or indirectly
				Federal Transit Administration urban or nonurban formula funding, or a
				governmental entity within the state of Missouri eligible to receive directly
				or indirectly Federal Transit Administration urbanized or nonurbanized formula
				transit programs;
(B) Available
				alternative public transportation-description of public transit services
				provided in terms of days of the week and hours of the day within an
				applicant's public mass transportation service area;
(C) Capital costs-expenses incurred from the
				purchase of facilities, vehicles, or equipment directly supporting the
				provision of public mass transportation service within Missouri;
(D) Commission-the Missouri Highways and
				Transportation Commission;
(E)
				Department-the Missouri Department of Transportation;
(F) Cost efficiency-measures of economical
				public mass transit services as calculated by dividing the annual operating
				costs by the annual transit vehicle miles traveled or by dividing the annual
				operating costs by the annual number of boarding passengers;
(G) Intrastate Transportation Authority-
				county first class transit authority as defined in section
				238.400,
				RSMo;
(H) Public mass
				transportation service provider-a city, a city transit authority, a city
				utilities board, or an interstate transportation authority as such terms are
				defined in section
				94.600, RSMo, an
				intrastate transportation authority, or an agency receiving funds from either
				the Federal Transit Administration urbanized or nonurbanized formula transit
				programs;
(I) Operating
				costs-expenses incurred in the delivery, maintenance, and administration of
				public mass transportation service within Missouri;
(J) Past and projected public mass
				transportation ridership-annual transit vehicle boardings in Missouri by
				passengers of public mass transit services, also known as unlinked passenger
				trips;
(K) Public mass
				transportation service area population-census population within the geographic
				area in which the applicant provides public mass transportation service;
				and
(L) U.S. census urbanized
				area-a contiguous geographic area with a population of fifty thousand (50,000)
				persons or more that is designated as such by the Bureau of the Census of the
				United States Department of Commerce.
Missouri Code of State Regulations › Title 7 - MISSOURI DEPARTMENT OF TRANSPORTATION › Division 10 - Missouri Highways and Transportation Commission › Chapter 7 - Transportation › Section 7 CSR 10-7.030 - Distribution of Funds Appropriated to the Missouri State Transit Assistance Program

Current through Register Vol. 49, No. 14, July 15, 2024
PURPOSE: This amendment removes the application
				  paragraph to remain consistent with 7 CSR 10-7.010 and removes the monthly
				  disbursement requirement to reduce regulatory burden.
(1) Criteria. The following criteria will be used to
				distribute state financial assistance to eligible public mass transportation
				service providers under section 226.195, RSMo:
(A) Eligibility.
1. Applicant shall be a mass transportation
				service provider and shall be one (1) of the following:
A. A city;
B. A city transit authority;
C. A city utilities board;
D. An interstate transportation authority as
				such term is defined in section 94.600, RSMo;
E. An intrastate transportation authority;
				or
F. An agency receiving funding,
				either directly or as a sub-recipient, from either the Federal Transit
				Administration urbanized or nonurbanized formula transit programs.
Missouri Code of State Regulations › Title 7 - MISSOURI DEPARTMENT OF TRANSPORTATION › Division 10 - Missouri Highways and Transportation Commission › Chapter 8 - Disadvantaged Business Enterprise Program › Section 7 CSR 10-8.011 - Definitions

Current through Register Vol. 49, No. 14, July 15, 2024
PURPOSE: This rule harmonizes state rules and federal
				  regulations by incorporating the federal regulations on the DBE Program and
				  provides guidance on the federal regulation and further clarifies state
				  rules.
(1) The Missouri Highways and
				Transportation Commission (commission) adopts the definitions contained in 49
				Code of Federal Regulations Section 26.5 except as such words and phrases are
				given meaning and definition below. The following words and phrases have the
				meaning and definition stated below, exclusively for the purpose of
				administering and regulating the Disadvantaged Business Enterprise (DBE)
				Program established by the commission in this chapter:
(A) "Commission" means the Missouri Highways
				and Transportation Commission, a state commission within the executive branch
				of state government created by statute and vested with authority or the
				administration of the state highway system by Article I V, Section 29, Missouri
				Constitution and section
				226.020
				of the Revised Statutes of the State of Missouri (RSMo);
(B) "Contractor" means a person or company
				which receives a contract directly from the commission or another United States
				Department of Transportation (USDOT) recipient in a USDOT-assisted highway,
				transit or airport program;
(C)
				"CSR" means the Code of State Regulations for the state of Missouri, published
				by the secretary of state of Missouri;
(D) "CUF" means commercially useful
				function;
(E) "DBE" means a
				disadvantaged business enterprise;
(F) "Department" means the Missouri
				Department of Transportation or "MoDOT," a constitutional state department
				answerable and subordinate to the commission within the executive branch of
				Missouri government, unless the context and usage of the term clearly indicates
				that it is referring to the USDOT;
(G) "FTA" means the Federal Transit
				Administration;
(H) "FHWA" means the
				Federal Highway Administration;
(I)
				"Firm" means DBE. Furthermore, the firm and any fictitious name used by the
				firm must, to the extent required by Missouri law, be properly registered to do
				business in Missouri with the Missouri Secretary of State and the Missouri
				Department of Revenue before that firm may perform work or sell materials or
				supplies in Missouri as a contractor, subcontractor, regular dealer, or as a
				DBE firm recognized by MoDOT;
(J)
				"USDOT" refers the to the U.S. Department of Transportation, including the
				Secretary of transportation, the Office of the Secretary, the Federal Highway
				Administration, the Federal Transit Administration and the Federal Aviation
				Administration, or any one of these administrative units of the United States
				Department of Transportation.
Missouri Code of State Regulations › Title 7 - MISSOURI DEPARTMENT OF TRANSPORTATION › Division 10 - Missouri Highways and Transportation Commission › Chapter 8 - Disadvantaged Business Enterprise Program › Section 7 CSR 10-8.021

Current through Register Vol. 49, No. 14, July 15, 2024
*Original authority: 226.150, RSMo 1939, amended
					 1977.
Missouri Code of State Regulations › Title 7 - MISSOURI DEPARTMENT OF TRANSPORTATION › Division 10 - Missouri Highways and Transportation Commission › Chapter 8 - Disadvantaged Business Enterprise Program › Section 7 CSR 10-8.030 - Procedures for Certifying Disadvantaged Business Enterprises

Current through Register Vol. 49, No. 14, July 15, 2024
(Rescinded November 30, 2000)
Missouri Code of State Regulations › Title 7 - MISSOURI DEPARTMENT OF TRANSPORTATION › Division 10 - Missouri Highways and Transportation Commission › Chapter 8 - Disadvantaged Business Enterprise Program › Section 7 CSR 10-8.031

Current through Register Vol. 49, No. 14, July 15, 2024
*Original authority: 226.150, RSMo 1939, amended
					 1977.
Missouri Code of State Regulations › Title 7 - MISSOURI DEPARTMENT OF TRANSPORTATION › Division 10 - Missouri Highways and Transportation Commission › Chapter 8 - Disadvantaged Business Enterprise Program › Section 7 CSR 10-8.040 - Procedures for Certification Renewal of Disadvantaged Business Enterprises

Current through Register Vol. 49, No. 14, July 15, 2024
(Rescinded November 30, 2000)
Missouri Code of State Regulations › Title 7 - MISSOURI DEPARTMENT OF TRANSPORTATION › Division 10 - Missouri Highways and Transportation Commission › Chapter 8 - Disadvantaged Business Enterprise Program › Section 7 CSR 10-8.041

Current through Register Vol. 49, No. 14, July 15, 2024
*Original authority: 226.150, RSMo 1939, amended
					 1977.
Missouri Code of State Regulations › Title 7 - MISSOURI DEPARTMENT OF TRANSPORTATION › Division 10 - Missouri Highways and Transportation Commission › Chapter 8 - Disadvantaged Business Enterprise Program › Section 7 CSR 10-8.050 - Challenge Procedures for Disadvantaged Business Enterprises

Current through Register Vol. 49, No. 14, July 15, 2024
(Rescinded November 30, 2000)
Missouri Code of State Regulations › Title 7 - MISSOURI DEPARTMENT OF TRANSPORTATION › Division 10 - Missouri Highways and Transportation Commission › Chapter 8 - Disadvantaged Business Enterprise Program › Section 7 CSR 10-8.051

Current through Register Vol. 49, No. 14, July 15, 2024
*Original authority: 226.150, RSMo 1939, amended
					 1977.
Missouri Code of State Regulations › Title 7 - MISSOURI DEPARTMENT OF TRANSPORTATION › Division 10 - Missouri Highways and Transportation Commission › Chapter 8 - Disadvantaged Business Enterprise Program › Section 7 CSR 10-8.060 - Requirements to Participate in a Mentor-Protege Agreement

Current through Register Vol. 49, No. 14, July 15, 2024
(Rescinded November 30, 2000)
Missouri Code of State Regulations › Title 7 - MISSOURI DEPARTMENT OF TRANSPORTATION › Division 10 - Missouri Highways and Transportation Commission › Chapter 8 - Disadvantaged Business Enterprise Program › Section 7 CSR 10-8.061 - Missouri Unified Certification Program

Current through Register Vol. 49, No. 14, July 15, 2024
PURPOSE: This rule describes Missouri's Unified Certification
				  Program (UCP) for the United States Department of Transportation Disadvantaged
				  Business Enterprise certifications.
PUBLISHER'S NOTE: The secretary of state has determined that
				  the publication of the entire text of the material which is incorporated by
				  reference as a portion of this rule would be unduly cumbersome or expensive.
				  This material as incorporated by reference in this rule shall be maintained by
				  the agency at its headquarters and shall be made available to the public for
				  inspection and copying at no more than the actual cost of reproduction. This
				  note applies only to the reference material. The entire text of the rule is
				  printed here.
(1) Unified
				Certification Program (UCP). United States Department of Transportation (USDOT)
				included in Title 49 of the Code of Federal Regulations (CFR) part 26 a
				provision for a "one-stop" certification process for all Disadvantaged Business
				Enterprises (DBEs) that is required to be implemented by agencies that are
				recipients of federal funds from the USDOT.
(2) Missouri Regional Certification Committee
				(MRCC). The Missouri Regional Certification Committee is the UCP for the state
				of Missouri. The five (5) agencies that directly receive USDOT funds and
				currently operate a USDOT approved DBE program are:
1) Missouri Department of Transportation
				(MoDOT);
2) City of St. Louis,
				Missouri;
3) Bi-State
				Development/Metro;
4) Kansas City
				Area Transportation Authority (KCATA); and
5) the City of Kansas City, Missouri. These
				entities shall be referred to as the "Direct Partners," and are the members of
				the MRCC.
Missouri Code of State Regulations › Title 7 - MISSOURI DEPARTMENT OF TRANSPORTATION › Division 10 - Missouri Highways and Transportation Commission › Chapter 8 - Disadvantaged Business Enterprise Program › Section 7 CSR 10-8.070 - Decertification Procedures for Disadvantaged Business Enterprises

Current through Register Vol. 49, No. 14, July 15, 2024
(Rescinded November 30, 2000)
Missouri Code of State Regulations › Title 7 - MISSOURI DEPARTMENT OF TRANSPORTATION › Division 10 - Missouri Highways and Transportation Commission › Chapter 8 - Disadvantaged Business Enterprise Program › Section 7 CSR 10-8.071

Current through Register Vol. 49, No. 14, July 15, 2024
*Original authority: 226.150, RSMo 1939, amended
					 1977.
Missouri Code of State Regulations › Title 7 - MISSOURI DEPARTMENT OF TRANSPORTATION › Division 10 - Missouri Highways and Transportation Commission › Chapter 8 - Disadvantaged Business Enterprise Program › Section 7 CSR 10-8.080 - Determination and Review Procedures Governing the Failure to Perform a Commercially Useful Function

Current through Register Vol. 49, No. 14, July 15, 2024
(Rescinded November 30, 2000)
Missouri Code of State Regulations › Title 7 - MISSOURI DEPARTMENT OF TRANSPORTATION › Division 10 - Missouri Highways and Transportation Commission › Chapter 8 - Disadvantaged Business Enterprise Program › Section 7 CSR 10-8.081

Current through Register Vol. 49, No. 14, July 15, 2024
*Original authority: 226.150, RSMo 1939, amended
					 1977.
Missouri Code of State Regulations › Title 7 - MISSOURI DEPARTMENT OF TRANSPORTATION › Division 10 - Missouri Highways and Transportation Commission › Chapter 8 - Disadvantaged Business Enterprise Program › Section 7 CSR 10-8.090 - Finality of Department Determinations in the Disadvantaged Business Enterprise Program

Current through Register Vol. 49, No. 14, July 15, 2024
(Rescinded November 30, 2000)
Missouri Code of State Regulations › Title 7 - MISSOURI DEPARTMENT OF TRANSPORTATION › Division 10 - Missouri Highways and Transportation Commission › Chapter 8 - Disadvantaged Business Enterprise Program › Section 7 CSR 10-8.091

Current through Register Vol. 49, No. 14, July 15, 2024
*Original authority: 226.150, RSMo 1939, amended
					 1977.
Missouri Code of State Regulations › Title 7 - MISSOURI DEPARTMENT OF TRANSPORTATION › Division 10 - Missouri Highways and Transportation Commission › Chapter 8 - Disadvantaged Business Enterprise Program › Section 7 CSR 10-8.101

Current through Register Vol. 49, No. 14, July 15, 2024
*Original authority: 226.150, RSMo 1939, amended
					 1977.
Missouri Code of State Regulations › Title 7 - MISSOURI DEPARTMENT OF TRANSPORTATION › Division 10 - Missouri Highways and Transportation Commission › Chapter 8 - Disadvantaged Business Enterprise Program › Section 7 CSR 10-8.111

Current through Register Vol. 49, No. 14, July 15, 2024
*Original authority: 226.150, RSMo 1939, amended
					 1977.
Missouri Code of State Regulations › Title 7 - MISSOURI DEPARTMENT OF TRANSPORTATION › Division 10 - Missouri Highways and Transportation Commission › Chapter 8 - Disadvantaged Business Enterprise Program › Section 7 CSR 10-8.131

Current through Register Vol. 49, No. 14, July 15, 2024
*Original authority: 226.150, RSMo 1939, amended
					 1997.
Missouri Code of State Regulations › Title 7 - MISSOURI DEPARTMENT OF TRANSPORTATION › Division 10 - Missouri Highways and Transportation Commission › Chapter 8 - Disadvantaged Business Enterprise Program › Section 7 CSR 10-8.141

Current through Register Vol. 49, No. 14, July 15, 2024
*Original authority: 226.150, RSMo 1939, amended
					 1977.
Missouri Code of State Regulations › Title 7 - MISSOURI DEPARTMENT OF TRANSPORTATION › Division 10 - Missouri Highways and Transportation Commission › Chapter 8 - Disadvantaged Business Enterprise Program › Section 7 CSR 10-8.151

Current through Register Vol. 49, No. 14, July 15, 2024
*Original authority: 226.150, RSMo 1939, amended
					 1977.
Missouri Code of State Regulations › Title 7 - MISSOURI DEPARTMENT OF TRANSPORTATION › Division 10 - Missouri Highways and Transportation Commission › Chapter 8 - Disadvantaged Business Enterprise Program › Section 7 CSR 10-8.161

Current through Register Vol. 49, No. 14, July 15, 2024
*Original authority: 226.150, RSMo 1939, amended
					 1977.
Missouri Code of State Regulations › Title 7 - MISSOURI DEPARTMENT OF TRANSPORTATION › Division 10 - Missouri Highways and Transportation Commission › Chapter 8 - Disadvantaged Business Enterprise Program › Section 7 CSR 10-8.200 - Disadvantaged Business Enterprise Set-Aside Program General Information

Current through Register Vol. 49, No. 14, July 15, 2024
(Rescinded November 30, 2000)
Missouri Code of State Regulations › Title 7 - MISSOURI DEPARTMENT OF TRANSPORTATION › Division 10 - Missouri Highways and Transportation Commission › Chapter 8 - Disadvantaged Business Enterprise Program › Section 7 CSR 10-8.220 - Eligibility for Participation in the Commission's DBE Set-Aside Program

Current through Register Vol. 49, No. 14, July 15, 2024
(Rescinded November 30, 2000)
Missouri Code of State Regulations › Title 7 - MISSOURI DEPARTMENT OF TRANSPORTATION › Division 10 - Missouri Highways and Transportation Commission › Chapter 8 - Disadvantaged Business Enterprise Program › Section 7 CSR 10-8.230 - Publication of Qualified DBEs and Joint Ventures in the DBE Directory

Current through Register Vol. 49, No. 14, July 15, 2024
(Rescinded November 30, 2000)
Missouri Code of State Regulations › Title 7 - MISSOURI DEPARTMENT OF TRANSPORTATION › Division 10 - Missouri Highways and Transportation Commission › Chapter 8 - Disadvantaged Business Enterprise Program › Section 7 CSR 10-8.240 - Retaining Qualification to Participate in the Commission's DBE Set-Aside Program

Current through Register Vol. 49, No. 14, July 15, 2024
(Rescinded November 30, 2000)
Missouri Code of State Regulations › Title 7 - MISSOURI DEPARTMENT OF TRANSPORTATION › Division 10 - Missouri Highways and Transportation Commission › Chapter 8 - Disadvantaged Business Enterprise Program › Section 7 CSR 10-8.250 - Bidding Limitations on Qualified Firms and Joint Ventures Having Active Commission DBE Set-Aside Contracts

Current through Register Vol. 49, No. 14, July 15, 2024
(Rescinded November 30, 2000)
Missouri Code of State Regulations › Title 7 - MISSOURI DEPARTMENT OF TRANSPORTATION › Division 10 - Missouri Highways and Transportation Commission › Chapter 8 - Disadvantaged Business Enterprise Program › Section 7 CSR 10-8.260 - DBE Subcontracting Goals for the Commission's DBE Set-Aside Program Contracts

Current through Register Vol. 49, No. 14, July 15, 2024
(Rescinded November 30, 2000)
Missouri Code of State Regulations › Title 7 - MISSOURI DEPARTMENT OF TRANSPORTATION › Division 10 - Missouri Highways and Transportation Commission › Chapter 8 - Disadvantaged Business Enterprise Program › Section 7 CSR 10-8.270 - Disqualification of a Firm or Joint Venture from the DBE Set-Aside Program

Current through Register Vol. 49, No. 14, July 15, 2024
(Rescinded November 30, 2000)
Missouri Code of State Regulations › Title 7 - MISSOURI DEPARTMENT OF TRANSPORTATION › Division 10 - Missouri Highways and Transportation Commission › Chapter 10 - Contractor Performance Rating to Determine Responsibility › Section 7 CSR 10-10.020 - Explanation of Contractor Performance Rating System

Current through Register Vol. 49, No. 14, July 15, 2024
PURPOSE: This proposed amendment corrects the
				  statement that the commission does prequalify bidders.
(1) The commission has the obligation to
				award its contracts to only responsive and responsible bidders. The commission
				also has the duty to supervise and control the construction and maintenance of
				its state highway system. Inherent in these concepts, and in the commission's
				general obligation to the traveling public of this state, is that the
				commission must regulate those who construct the finished highway product.
				Therefore, it requires a system for evaluating the performance of those
				contractors working on commission projects.
(2) This contractor rating system is intended
				to help the commission periodically determine those contractors who are
				responsible or are nonresponsible and those responsible contractors whose
				outstanding or superior performance merits recognition by the commission. In
				the process, the rating system is intended to provide the contractors with
				evaluations of their work and information they can use to improve their
				performance.
(3) These regulations
				also set forth the procedures governing how contractors who render
				unsatisfactory performance may be determined nonresponsible and ineligible to
				bid for work on commission projects and how nonresponsible contractors may be
				reinstated as responsible bidders or responsible contractors.
*Original authority: 226.020, RSMo 1939; 226.130, RSMo
					 1939, amended 1993; 227.030, RSMo 1939; and 227.100, RSMo 1939, amended 1963,
					 1967, 1969.
Missouri Code of State Regulations › Title 7 - MISSOURI DEPARTMENT OF TRANSPORTATION › Division 10 - Missouri Highways and Transportation Commission › Chapter 10 - Contractor Performance Rating to Determine Responsibility › Section 7 CSR 10-10.030 - Rating Categories for Evaluating the Performance of a Contractor

Current through Register Vol. 49, No. 14, July 15, 2024
PURPOSE: This proposed amendment provides
				  clarification to the rating process.
(1) Contractors awarded commission projects
				shall be rated on the following four (4) categories:
(A) Quality of work includes, but is not
				limited to, construction methods, materials, structural adequacy, appearance,
				workmanship, attention to detail and acceptable work;
(B) Contract compliance includes, but is not
				limited to, timely compliance, compliance with traffic control, handling of
				traffic, maintenance of the work site and adherence to environmental
				requirements;
(C) Prosecution and
				progress includes, but is not limited to, proper planning and execution,
				achieving the progress schedule, coordinating subcontractors and timely
				completion; and
(D) Contract
				administration includes, but is not limited to, submittal of required
				documents.
Missouri Code of State Regulations › Title 7 - MISSOURI DEPARTMENT OF TRANSPORTATION › Division 10 - Missouri Highways and Transportation Commission › Chapter 10 - Contractor Performance Rating to Determine Responsibility › Section 7 CSR 10-10.040 - Contractor Performance Project Evaluation Used For Determining Contractor Performance

Current through Register Vol. 49, No. 14, July 15, 2024
PURPOSE: This proposed amendment simplifies the title
				  of the rule.
(1) The form
				used to evaluate contractor performance on a commission contract is known as
				the contractor performance project evaluation. This project evaluation
				identifies the contractor, the project(s) to which it applies, the original and
				final contract amounts and other pertinent project data.
(2) One (1) form is intended to rate all
				projects awarded in a combination bid contract. The contractor performance
				project evaluation shall designate all project(s) listed in the contract on
				these combinations.
(3) The
				contractor performance project evaluation contains performance measures that
				are assigned to the four (4) evaluation categories: quality of work;
				prosecution and progress; contract compliance; and contract administration. Not
				all performance measures will be applicable on any certain project and will,
				therefore, not be completed.
(4)
				The contractor performance project evaluation shall rate a contractor on the
				work required in each contract and shall take into consideration the
				contractor's work quality/progress and contract administration/compliance, as
				well as those of all the subcontractors. The contractor is responsible for all
				work required in the contract, as well as the selection of subcontractors and
				the quality, progress, administration, and compliance of their work.
(5) A copy of the contractor performance
				project evaluation form and completion guidelines shall be provided to
				contractors of active contracts at the beginning of each year or at the start
				of each project or may be obtained by submitting a written request to the
				following address: Missouri Department of Transportation, Construction and
				Materials Division, PO Box 270, Jefferson City, MO 65102.
*Original authority: 226.020, RSMo 1939; 226.130, RSMo
					 1939, amended 1993, 1995; 227.030, RSMo 1939; and 227.105, RSMo
					 1996.
Missouri Code of State Regulations › Title 7 - MISSOURI DEPARTMENT OF TRANSPORTATION › Division 10 - Missouri Highways and Transportation Commission › Chapter 10 - Contractor Performance Rating to Determine Responsibility › Section 7 CSR 10-10.050 - Procedure and Schedule for Completing the Contractor Performance Project Evaluation

Current through Register Vol. 49, No. 14, July 15, 2024
PURPOSE: 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.
Missouri Code of State Regulations › Title 7 - MISSOURI DEPARTMENT OF TRANSPORTATION › Division 10 - Missouri Highways and Transportation Commission › Chapter 10 - Contractor Performance Rating to Determine Responsibility › Section 7 CSR 10-10.060 - Explanation of Standard Deviation Rating System for All Contractors

Current through Register Vol. 49, No. 14, July 15, 2024
PURPOSE: This rule describes the procedures and
				  rating values used in annual ratings of contractors.
(1) Statistical Analysis. Statistical
				analysis shall be used by the commission to compare performance by the
				contractors. Through standard deviation analysis, the commission shall
				determine how each contractor's performance compares to all others.
(2) Rating Categories. The following
				categories shall be used by the commission in determining the annual rating of
				each contractor based on their contractor performance project evaluations
				completed for the rated year and on the statistical analysis used by the
				commission: average, above average, below average, outstanding and
				unacceptable:
(A) Average Rating. An average
				rating shall result if the contractor's rating is within the range of the mean
				of the total population plus or minus one (1) standard deviation;
(B) Above Average Rating. An above average
				rating shall result if the contractor's rating is equal to or greater than the
				mean of the total population plus one (1) standard deviation but less than the
				mean plus two (2) standard deviations;
(C) Outstanding Rating. An outstanding rating
				shall result if the contractor's rating is equal to or greater than the mean of
				the total population plus two (2) standard deviations;
(D) Below Average Rating. A below average
				rating shall result if the contractor's rating is equal to or less than the
				mean of the total population minus one (1) standard deviation but greater than
				the mean minus two (2) standard deviations; and
(E) Unacceptable Rating. An unacceptable
				rating shall result if the contractor's rating is equal to or less than the
				mean of the total population minus two (2) standard deviations.
Missouri Code of State Regulations › Title 7 - MISSOURI DEPARTMENT OF TRANSPORTATION › Division 10 - Missouri Highways and Transportation Commission › Chapter 10 - Contractor Performance Rating to Determine Responsibility › Section 7 CSR 10-10.070 - Procedure for Annual Rating of Contractors

Current through Register Vol. 49, No. 14, July 15, 2024
PURPOSE: This proposed amendment clarifies the
				  actions available to a contractor upon receiving an unacceptable
				  rating.
(1) Annual Rating of
				Contractors. The construction and materials division shall be responsible for
				the determination of the annual ratings of contractors. The construction and
				materials division will annually determine a contractor's overall and category
				performance rating for all contracts on all active projects. The performance
				ratings for the categories of "Quality of Work" and "Contract Compliance" will
				be based on a weighted average of the dollar value of all work completed during
				the rated year on all contracts. The performance ratings for the categories of
				"Prosecution and Progress" and "Contract Administration" will be based on a
				weighted average of the applicable contract dollar totals.
(2) Contractor Rating Groups. For purposes of
				recognizing outstanding contractor performance, contractors shall be divided
				into four (4) sample groups based upon whether the contractor is a specialty
				contractor and on the dollar value of the work completed during the rated year.
(A) Contractor Groups.
1. Large volume contractors shall be the ten
				(10) contractors who have the largest dollar value of work completed during the
				rated year.
2. Specialty
				contractors shall be those contractors who have performed eighty-five percent
				(85%) or more of their work in one specification area as set forth in Division
				200-900 in the Missouri Standard Specifications for Highway
				Construction.
3. The remaining
				contractors not included in the large volume or specialty contractor groups
				shall be sorted by dollar value of work completed during the rated year, and
				divided in half. Medium volume contractors shall be the half who have the
				higher dollar value of work, and light volume contractors shall be the half who
				have the lower dollar value of work.
Missouri Code of State Regulations › Title 7 - MISSOURI DEPARTMENT OF TRANSPORTATION › Division 10 - Missouri Highways and Transportation Commission › Chapter 10 - Contractor Performance Rating to Determine Responsibility › Section 7 CSR 10-10.080 - Determination of Nonresponsibility

Current through Register Vol. 49, No. 14, July 15, 2024
PURPOSE: This rule describes the effect and
				  consequences that a commission determination of nonresponsibility has upon the
				  person or contractor which has been disqualified under the provisions of this
				  chapter.
(1) Determination of
				Unacceptable Performance.
(A) Contractors
				receiving an unacceptable rating or overall performance rating shall be
				considered and reviewed for possible disciplinary actions for unacceptable
				performance.
1. A contractor who receives an
				initial unacceptable category or overall performance determination shall be
				placed on probation.
2. Any
				contractor who is on probation and receives a second unacceptable category or
				overall performance determination shall be declared nonresponsible and shall be
				disqualified from bidding for one (1) year. The contractor may also be declared
				disqualified from performing work as a subcontractor or vendor during the same
				disqualification period. At the conclusion of this disqualification period, the
				contractor may be reinstated to a probationary status and allowed to bid on
				commission projects upon providing proof to the satisfaction of the department
				that changes have been made within the company to correct previous
				deficiencies.
3. Any contractor
				reinstated to probationary status after a disqualification imposed under this
				rule, who receives a subsequent determination of unacceptable category or
				overall performance determination shall be declared nonresponsible and
				disqualified from bidding on commission projects for a period of three (3)
				years. The contractor may also be declared disqualified from performing work as
				a subcontractor or vendor, for that same disqualification period. After the
				three (3) year disqualification period has ended, the contractor may be
				reinstated to a probationary status upon providing proof to the satisfaction of
				the department that changes have been made within the company to correct
				previous deficiencies.
4. A
				probationary status shall remain in effect until the contractor obtains an
				annual rating of at least average in all categories or the chief engineer
				approves termination of the probationary status in writing, upon the
				contractor's written request, for reasons considered appropriate by the
				department, such as newly discovered relevant evidence of evaluation error or
				elimination of the cause or causes for which probationary status was
				imposed.
Missouri Code of State Regulations › Title 7 - MISSOURI DEPARTMENT OF TRANSPORTATION › Division 10 - Missouri Highways and Transportation Commission › Chapter 10 - Contractor Performance Rating to Determine Responsibility › Section 7 CSR 10-10.090 - Reservation of Rights to Recommend or Declare Persons or Contractors Nonresponsible on Other Grounds

Current through Register Vol. 49, No. 14, July 15, 2024
PURPOSE: This rule reserves to the department the
				  right to recommend disqualification of, and to the commission the right to
				  disqualify persons, firms or contractors for reasons other than those set forth
				  in this chapter.
(1) Nothing
				in this chapter shall be construed to waive, limit or restrict the right of the
				department to determine that a contractor be declared nonresponsible, if any
				individual rating on one (1) or more of the four (4) rating categories
				specified in
				7
				CSR 10-10.030 is so low that there is cause to believe
				that the contractor cannot responsibly or competently perform contract work
				generally, or of a particular type or description. The department reserves the
				right to declare disqualified any contractor it finds to be incompetent or
				non-responsible, with such terms and conditions governing the disqualification
				as it deems appropriate.
(2)
				Nothing in this chapter shall be construed to waive, limit or restrict the
				right of the department or of the commission to determine and declare that a
				person, firm, corporation or contractor be disqualified for any other legal
				reason or circumstance that would support a finding that the person, firm,
				corporation, or contractor was nonresponsible, including but not limited to
				financial irresponsibility or a demonstrated lack of concern for public or
				employee safety or environmental responsibility. The commission reserves the
				right to declare nonresponsible any person, firm, corporation or contractor
				which it finds to be nonresponsible or ineligible upon sufficient legal
				grounds, with those terms and conditions governing that action as it deems
				appropriate.
*Original authority: 226.020, RSMo 1939; 226.130, RSMo
					 1939, amended 1993, 1995; 227.030, RSMo 1939; and 227.105, RSMo
					 1996.
Missouri Code of State Regulations › Title 7 - MISSOURI DEPARTMENT OF TRANSPORTATION › Division 10 - Missouri Highways and Transportation Commission › Chapter 10 - Contractor Performance Rating to Determine Responsibility › Section 7 CSR 10-10.100 - Procedure for Reinstatement of a Person or Contractor Previously Declared Nonresponsible

Current through Register Vol. 49, No. 14, July 15, 2024
(Rescinded May 30, 1998)
Missouri Code of State Regulations › Title 7 - MISSOURI DEPARTMENT OF TRANSPORTATION › Division 10 - Missouri Highways and Transportation Commission › Chapter 10 - Contractor Performance Rating to Determine Responsibility › Section 7 CSR 10-10.110 - Effect of Reinstatement of a Person or Contractor Previously Declared Nonresponsible

Current through Register Vol. 49, No. 14, July 15, 2024
(Rescinded May 30, 1998)
Missouri Code of State Regulations › Title 7 - MISSOURI DEPARTMENT OF TRANSPORTATION › Division 10 - Missouri Highways and Transportation Commission › Chapter 10 - Contractor Performance Rating to Determine Responsibility › Section 7 CSR 10-10.120 - Reservation of Rights to Recommend or Declare Persons or Contractors Nonresponsible on Other Grounds

Current through Register Vol. 49, No. 14, July 15, 2024
(Rescinded May 30, 1998)
Missouri Code of State Regulations › Title 7 - MISSOURI DEPARTMENT OF TRANSPORTATION › Division 10 - Missouri Highways and Transportation Commission › Chapter 10 - Contractor Performance Rating to Determine Responsibility › Section 7 CSR 10-10.130 - Addresses for Written Notification or Appeal

Current through Register Vol. 49, No. 14, July 15, 2024
(Rescinded May 30, 1998)
Missouri Code of State Regulations › Title 7 - MISSOURI DEPARTMENT OF TRANSPORTATION › Division 10 - Missouri Highways and Transportation Commission › Chapter 11 - Procurement of Supplies › Section 7 CSR 10-11.010 - Definition of Terms

Current through Register Vol. 49, No. 14, July 15, 2024
PURPOSE: This proposed amendment removes unnecessary
				  restrictive wording, clarifies definitions to make them easier to understand,
				  and adds definitions for indefinite delivery contracts, invitation for
				  quotation, and request for information.
(1) Award-An action taken by the director or
				his/her designee on behalf of the commission on successful
				bids/proposals.
(2) Bid/Proposal-An
				offer to perform a contract for work and labor or to supply materials, goods,
				or services at a specified price; also may include detailed information about
				services to be furnished.
(3)
				Bidder/Offeror-A person or entity submitting a solicitation document to the
				department.
(4) Bond-A guaranty
				agreement that contains the promise of a third party to fulfill the
				bidder's/offeror's responsibilities in the event that the bidder/offeror is
				unable or unwilling to fulfill those responsibilities. The commission may
				require the following:
(A) Bid/Proposal
				bond-A financial guarantee that the bidder/offeror, if selected, will accept
				the contract as bid/proposed. Protects the commission against loss due to
				bid-der's/offeror's refusal to enter into a contract with the
				commission;
(B) Payment bond-A
				financial guarantee that the contractor will pay his/her/its workers,
				suppliers, and subcontractors on a commission project. Assures the commission
				that persons supplying labor or material in connection with a project will be
				paid; and/or
(C) Performance bond-A
				financial guarantee that the contractor will complete performance of the
				project. Protects the commission against loss due to the inability or refusal
				of a contractor to perform his/her/its contract.
Missouri Code of State Regulations › Title 7 - MISSOURI DEPARTMENT OF TRANSPORTATION › Division 10 - Missouri Highways and Transportation Commission › Chapter 11 - Procurement of Supplies › Section 7 CSR 10-11.020 - Procedures for Solicitation, Receipt of Bids, and Award and Administration of Contracts

Current through Register Vol. 49, No. 14, July 15, 2024
PURPOSE: This amendment will add clarity to paragraph
				  (5)(B)2. of this rule, add the word business to specify days in subsection
				  (5)(C) and section (10) of this rule, as well as align the dollar amounts to
				  current bid limits, and to provide instruction in the event of a bid protest in
				  subsection (10)(B) of this rule.
(1) Informal Procurement Methods. When the
				procurement is estimated to be less than twenty-five thousand dollars
				($25,000), an informal method of solicitation may be utilized. Informal methods
				of procurement may include invitation for quotation (IFQ), telephone quotes,
				etc.
(A) The division will establish a target
				date and time for submission of quotations.
(B) The division may proceed with the
				evaluation and award any time after the expiration of the target date and time.
				Quotations received after the target date and time, but before the award of a
				contract, may be included in the evaluation at the discretion of the
				division.
Missouri Code of State Regulations › Title 7 - MISSOURI DEPARTMENT OF TRANSPORTATION › Division 10 - Missouri Highways and Transportation Commission › Chapter 11 - Procurement of Supplies › Section 7 CSR 10-11.030 - Vendor Suspension and Debarment

Current through Register Vol. 49, No. 14, July 15, 2024
PURPOSE: This proposed amendment removes procedures
				  no longer applicable for vendor registration and vendor notification of bidding
				  opportunities and removes unnecessary restrictive wording.
PURPOSE: This rule describes procedures for
				  suspension and debarment of vendors.
(1) Suspension. The director, or director's designee,
				may suspend a vendor for cause. A formal notice of suspension outlining the
				reasons for, the specific conditions of, and the effective period of the
				suspension, shall be mailed to the vendor. The director or designee may suspend
				a vendor whenever, in their sole discretion, it is in the best interest of the
				commission to do so. It is the responsibility of the vendor, upon completion of
				the suspension period, to request, in writing, reinstatement if desired.
(A) During suspension, bids/proposals
				submitted by a suspended vendor shall not be considered.
(B) The suspension of a vendor may be for a
				period of up to one hundred eighty (180) days for a first violation, and up to
				a year for subsequent violation(s).
(C) The vendor may appeal its suspension, in
				writing, within fourteen (14) calendar days after receiving the formal notice.
				The written request to the director or director's designee may include specific
				evidence and reasons why suspension is not warranted. On the basis of the
				information in the appeal, the suspension may be modified, rescinded, or
				affirmed by the director. The director's final decision on the vendor's appeal
				shall be mailed to all parties.
Missouri Code of State Regulations › Title 7 - MISSOURI DEPARTMENT OF TRANSPORTATION › Division 10 - Missouri Highways and Transportation Commission › Chapter 12 - Scenic Byways › Section 7 CSR 10-12.010 - Scenic Byways

Current through Register Vol. 49, No. 14, July 15, 2024
PURPOSE: This amendment removes unnecessary language
				  already existing in state law.
(1) The Missouri Highways and Transportation
				Commission (commission) may designate a road or highway under its jurisdiction
				as a scenic byway based upon consideration of the factors in section
				226.798,
				RSMo.
(2) If the commission
				designates a road or highway under its jurisdiction as a scenic byway, it may
				implement protective measures to preserve and protect the designated road which
				may include:
(A) Acquisition of scenic
				easements;
(B) Controlled access;
				and
(C) Landscaping.
Missouri Code of State Regulations › Title 7 - MISSOURI DEPARTMENT OF TRANSPORTATION › Division 10 - Missouri Highways and Transportation Commission › Chapter 12 - Scenic Byways › Section 7 CSR 10-12.020 - Application Procedures

Current through Register Vol. 49, No. 14, July 15, 2024
PURPOSE: This amendment simplifies the application
				  procedure in the rule and directs interested parties to the department's
				  website to obtain information on the application submission
				  process.
PURPOSE: This rule provides the public with the
				  application procedures necessary to nominate a road or highway for scenic byway
				  designation.
(1) Eligibility.
				Any agency, group, or individual may nominate a road or highway for scenic
				byway designation by following the application procedures provided below. This
				includes the Missouri Department of Transportation and the Scenic Byway
				Advisory Committee described in
				7 CSR
				10-12.030(3).
(2) Application. Information on the
				application submission process and the information to be included in an
				application can be found on the Missouri Department of Transportation website
				at
http://www.modot.org/scenicbyways/
or by sending a written request to the Missouri Department of Transportation,
				Attention: Scenic Byways Advisory Committee, PO Box 270, Jefferson City, MO
				65102.
(A) The application
				should include a detailed description of the proposed location and relevant
				historic significance, including points of interest of the proposed byway,
				including:
1.
				Cultural/historical/archeological;
2. Recreational resources;
3. Natural or scenic resources;
4. Seasonal aspects (fall foliage, etc.);
				and
5. Special events which occur
				along the route.