Editor’s Note: The secretary of state has determined that the publication of this rule in its entirety would be unduly cumbersome or expensive. The entire text of the material referenced has been filed with the secretary of state. This material may be found at the Office of the Secretary of State or at the headquarters of the agency and is available to any interested person at a cost established by state law.

PURPOSE: This rule establishes the procedures for payments, acceptance and occupancy of projects.

1. (1) Payments. Payments shall be made after review and verification of work and materials in place and/or on-site. Review and verification shall be accomplished as part of the periodic construction progress meeting. Apparent differences between the requests for payment and work or material shall be resolved in order that the request for payment may be signed by the construction manager, contractor and designer prior to conclusion of the progress meeting. The contractor’s request for payment shall be transmitted expeditiously to the Division of Design and Construction. Administrative processing and approval in the Office of Administration shall be completed within fifteen (15) working days after receipt by the director of the payment request. When required, the payment request shall be expeditiously transmitted to the department/agency. Signature for the department/agency and return to the Division of Design and Construction shall be accomplished by the department/agency within five

2. (5) working days after receipt of the payment request.

   1. (A) Projects Costing Five Thousand Dollars ($5000) or more. Payment for labor and material on projects costing five thousand dollars ($5000) or more shall be made in accordance with section 8.260, RSMo. Requests for payments shall be submitted in the form and be supported by a documentation as may be required by the director. When more than one (1) payment is made on those projects, the contractor shall furnish a payment certificate with the second and succeeding payment requests. The certificate shall affirm that subcontractors and suppliers have been paid in proportion to the work and materials paid for on previous payment requests.
   2. (B) Projects Costing Less Than Five Thousand Dollars ($5000). Payment for labor and materials on projects costing less than five thousand dollars ($5000) shall be made in accordance with section 8.270, RSMo. Requests for payment shall be submitted in the form and be supported by documentation as may be required by the director.
   3. (C) Final Payment. Final payment shall not be made until all work under the contract has been completed and accepted, documentation as required by the director has been furnished and project records have been delivered to the contract manager. The contractor shall provide releases from all subcontractors and suppliers evidencing that they have been paid in full. After review and approval of the requests for payment, reports, records and other documentation by the director, final payment may be made. Administrative processing of final payment in the Office of Administration shall be completed within fifteen (15) working days after receipt by the director of completed documentation and final payment request.
   4. (D) Projects Supported With Nonappropriated Funds. All payments for projects supported directly with donated, grant or other funding not appropriated by the general assembly shall be made in accordance with agreements established in the initial coordination and after approval of the director.

3. (2) Acceptance and Occupancy.

   1. (A) Acceptance. After completion of all work (including deficiencies or discrepancies noted in the final inspection) and delivery of project records, the director shall issue the contractor a letter accepting the projects. A copy of that letter also shall be furnished to the department/agency concerned.
   2. (B) Occupancy. The using element of the department/agency shall not occupy the facility or area where the project work is performed until after acceptance by the director. The director shall issue a letter to the department/agency authorizing occupancy. In exceptional circumstances, the director may establish conditions for occupancy prior to final acceptance.
   3. (C) Project Records. The construction manager shall deliver one (1) copy of all project records to a representative of the department/agency. The department/agency shall cause these records to be preserved and stored at the project site or other suitable location. Those records shall be readily available for reference in maintenance, repair and future work at the site.
   4. (D) Reporting Changes in Facility Conditions. The department/agency as part of the periodic facility inspection process shall report any substantive change in condition of the facility to the director. Substantive changes in condition of the facility resulting from accidents, acts of God or other causes shall be reported to the director at the time of occurrence.

4. (3) Exemptions. There are specific exemptions from requirements of this rule provided by the Missouri Constitution or by statute.

   1. (A) Department of Highways and Transportation projects and expenditures for highway construction and highway maintenance are exempt from the provisions of this rule by Article IV, Section 29, Missouri Constitution of 1945.
   2. (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 requires coordination with or approval by the commissioner of administration, or both Division of Design and Construction for approval of payments.
5. (4) This rule becomes effective with the appropriation for Fiscal Year 1983.

AUTHORITY: sections 8.310, RSMo Supp. 1987 and 8.320, RSMo 1986.* 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. *Original authority: 8.310, RSMo 1958, amended 1965, 1984, 1987 and 8.320, RSMo 1958, amended 1965.