PURPOSE: This rule sets forth requirements for the implementation of Title VI of the federal Water Pollution Control Act as amended in 1987, which authorizes the administrator of the Environmental Protection Agency to make capitalization grants to states for financing State Revolving Fund Programs.

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.

1. (1) Applicability. This rule defines the minimum requirements which apply to all recipients of assistance under the State Revolving Fund (SRF) Program. The recipient must satisfy more stringent requirements, if required to do so by state or local statutes, policies, rules, ordinances or orders.

2. (2) Definitions. The definitions of terms for 10 CSR 20-4.040–10 CSR 20-4.050 are contained in 10 CSR 20-2.010 and subsections (2)(A)–(R) of this rule.

   1. (A) Alternative technologies—Proven wastewater or sludge treatment processes which recycle the wastewater or sludge for productive uses or otherwise significantly reduce surface discharges of wastewater or disposal of sludge in landfills. Specifically alternative technologies include, but are not limited to, land application of effluent and sludge, aquaculture, horticulture and methane production.
   2. (B) BPWTT—Best practicable waste treatment technology.
   3. (C) Collection sewers—Sewers having the primary purpose of collecting wastewater from individual properties.
   4. (D) Combined sewers—Sewers constructed to carry both storm water and sanitary sewage.
   5. (E) Debt service—The costs associated with amortizing loans. These costs include interest charges, penalty charges and repayment of principal.
   6. (F) Director of staff—The director of staff of the Missouri Clean Water Commission.
   7. (G) EIERA—State Environmental Im - provement and Energy Resources Authority.
   8. (H) Excessive I/I—I/I may be considered excessive if the average dry weather flow for the system during high groundwater is greater than one hundred twenty (120) gallons per capita per day (gpcd) or the wet weather flows exceed two hundred seventy-five (275) gpcd or wet weather flows result in chronic operational problems which may include surcharging, backups, bypasses and overflows. Only the portion of the I/I which is cost effective to eliminate instead of transport and treat is excessive.
   9. (I) Infiltration/inflow (I/I)—Groundwater or storm water which enters a sanitary sewer system.
   10. (J) Initiation of operation—The date when the facilities are first capable of being used for their intended purpose.
   11. (K) I/A—Innovative/alternative technologies (see Innovative and Alternative).
   12. (L) Innovative technology—Developed wastewater treatment processes and techniques which have not been fully proven under the circumstances of their contemplated use and which represent a significant advancement over the state of the art in terms of significant reduction in life cycle cost or significant environmental benefits through the reclaiming and reuse of water, otherwise eliminating the discharge of pollutants, utilizing recycling techniques, such as land treatment, more efficient use of energy and resources, improved or new methods of waste treatment management for combined municipal and industrial systems or the confined disposal of pollutants so that they will not migrate to cause water or other environmental pollution.
   13. (M) Interceptor sewers—Sewers having the primary purpose of transporting wastewater from collection sewers to a wastewater treatment facility.
   14. (N) Recipient—The recipient of assistance from programs supported by the Water and Wastewater Loan Fund (WWLF) or the Water and Wastewater Revolving Loan Fund (WWRLF).
   15. (O) Staff—Staff of the Missouri Water Pollution Control Program.
   16. (P) State Revolving Fund (SRF)—The financial assistance program authorized by Title VI of the Federal Clean Water Act. In Missouri the State Revolving Fund consists of the WWLF, the WWRLF and those accounts secured by funds from the WWLF and the WWRLF. The State Revolving Fund is subject to the requirements, restrictions and eligibilities placed on the State Revolving Fund by the Federal Water Pollution Control Act as amended in 1987.
   17. (Q) Subagreements—Agreements and contracts entered into by recipients.
   18. (R) WWLF—Water and Wastewater Loan Fund. State fund established by the state treasurer pursuant to section 644.122, RSMo.
   19. (S) WWRLF—Water and Wastewater Revolving Loan Fund. State fund under the WWLF into which repayments are held by the state treasurer and from which new loans may be made.

3. (3) Project Selection Process. This section delineates the process by which the commission selects projects for receipt of SRF assistance.

   1. (A) The commission shall hold an annual competition for receipt of SRF assistance. This competition will be structured as follows:

      1. 1. Applicants must submit an applica-

tion as described in section (8) of this rule that must be postmarked or received by the department on or before November 15 prior to the fiscal year for which SRF assistance is being sought. Electronically transmitted application shall not be accepted. Unsuccessful applicants requesting funds during a given fiscal year shall be considered for funding the next fiscal year and need not reapply. The department may extend this deadline if sufficient applications are not received to use all of the funds expected to be available. Applications received after the deadline may be placed on a contigency list following October 1 of the fiscal year for which SRF assistance is sought. The projects may subsequently be considered for funding by the Clean Water Commission (CWC) if the project is ready to proceed during the fiscal year the project appears on the Indended Use Plan (IUP);

1. 2. All qualified applications will be

rated and placed on the planning list in accordance with 10 CSR 20-4.010(1)(A);

1. 3. The commission will select the high-

est rated projects for SRF assistance from SRF funds anticipated to be available during the upcoming fiscal year;

1. 4. The commission may hold a separate

competition for projects eligible under the provisions of subsection (23)(C) of this rule or for projects requesting loans with a term of less than three (3) years; and

1. 5. The commission may hold a separate

competition for unsewered communities to fund eligible project costs using the point system established under 10 CSR 20- 4.010(1)(C).

1. (B) The commission may direct projects toward specific SRF assistance programs contained in 10 CSR 20-4.041 and 10 CSR 20- 4.042. The commission’s decisions shall be based upon the amount of SRF assistance funds available, the amount of SRF assistance funds requested, the size of the project, the credit worthiness of the applicant and the applicant’s authority to incur long-term debt.

1. (4) Target Interest Rate (TIR). The TIR for all assistance provided under 10 CSR 20- 4.041 shall not be less than thirty percent (30%) of the Twenty-Five Revenue Bond Index published by the Bond Buyers Index of Twenty Bonds rounded to the nearest onetenth (0.1) of one percent (1%). The department will use the Twenty-Five Revenue Bond Index most recently published prior to the date on which the project assistance is provided. The TIR for all assistance provided under 10 CSR 20-4.042 shall not be less than thirty percent (30%) of the net interest cost of the EIERA bonds or notes issued for this purpose. The TIR shall be established by the Missouri Clean Water Commission in consultation with the department and the EIERA based upon current economic factors, projected fund utilization, deposits in the Wastewater Revolving Loan Fund and actual or anticipated federal capitalization grants. The Clean Water Commission (CWC) shall not undertake project-by-project revisions.
2. (5) Loan Fees. The department may charge annual loan fees not to exceed one percent (1%) of the outstanding loan balance of each loan provided from the WWLF or the WWRLF except as provided under section (6). These fees are intended to reimburse the department for the costs of loan origination, 10 CSR 20-4

loan servicing and administration of the programs implemented under 10 CSR 20- 4.040–10 CSR 20-4.050.

1. (6) Additional Administrative Fees Allowed. Additional administrative fees may be assessed by the department at the time the administration fee is calculated for failure by a recipient to submit approved documents to the department (for example, operation and maintenance manuals, plan of operation, enacted user charge and sewer use ordinances, executed contract documents) in accordance with the time frames provided under the program agreement entered into by the recipient. The additional fee will be an additional one-tenth percent (.1%) per month that the document remains delinquent. The additional fee will be collected only during the year in which the document is not submitted.

2. (7) General SRF Assistance Requirements. The commission will prioritize potential SRF projects by assigning priority points using the formula contained in 10 CSR 20- 4.010(1)(A).

   1. (A) Municipalities, counties, public sewer or water districts, or both, political subdivisions or instrumentalities of the state and combinations of the same are eligible for SRF assistance. The recipient must demonstrate its legal, institutional, managerial and financial capability to ensure adequate operation and maintenance of the wastewater treatment works throughout the recipient’s jurisdiction.
   2. (B) Ownership of facilities, equipment and real property purchased under the program with a value in excess of five thousand dollars ($5000) may be transferred only with written permission of the department. Transfer of ownership to entities not listed in subsection (7)(A) of this rule will require immediate repayment of assistance.
   3. (C) Assistance under this rule cannot be used for portions of a project receiving a federal construction grant under Title II of the federal Clean Water Act.
   4. (D) One (1) year after initiation of operation of the constructed treatment works, the recipient shall certify to the department whether or not the treatment works meet the project performance standards including state operating permit effluent limitations, if applicable. Any statement of noncompliance must be accompanied by a corrective action report containing an analysis of the cause of the project’s inability to meet performance standards, and/or state operating permit effluent limitations, actions necessary to bring it into compliance and a reasonably scheduled date for positive certification of the project. Timely corrective action will be executed by the recipient.
   5. (E) Financial Disclosure. Loan applicants shall provide upon request to the department and the EIERA any detailed financial information about the loan applicant as may be required by the commission, the department, the EIERA or its financial or legal consultants to determine the applicant’s eligibility for the leveraged loan program.
   6. (F) For equivalency projects, the recipient and its contractors must comply with all requirements associated with funds provided under the Federal Clean Water Act. Equivalency projects will be so designated in the annual Intended Use Plan developed in accordance with this rule.
   7. (G) No loan agreement will be entered into with an applicant which is not in compliance with the monitoring or reporting requirements of a valid National Pollutant Discharge Elimination System (NPDES) permit or which is not properly operating or maintaining an existing system.

3. (8) Application Requirements. Applicants must submit a completed application form and any financial information requested by the department to be included on the Intended Use Plan, a planning document prepared by the state. In addition, the documents listed in subsections (8)(A)–(C) must be submitted when requested by the department.

   1. (A) A project summary which includes:

      1. 1. The need for the project;
      2. 2. The project components, including

maps or drawings showing the project location and layout; and

1. 3. A cost estimate including a cost

breakdown.

1. (B) A completed Detailed Financial Information Sheet in the form provided by the department; and
2. (C) Proposed project schedule.

1. (9) Facility Planning. All facility plans must be in accordance with accepted engineering practices and the current Waste Treatment Design Guide 10 CSR 20-8. Projects designated in the Intended Use Plan as equivalency projects must meet the requirements established by the Federal Water Pollution Control Act as amended in 1987.

   1. (A) Requirements for all projects are as follows:

      1. 1. The most reasonable environmentally

sound and implementable waste management alternatives must be studied and evaluated. Proposed waste treatment management plans and practices shall provide for the most costeffective technology that can treat wastewater and nonexcessive I/I to meet the current 10 CSR 20-7.015 Effluent Regulations, 10 CSR 20-7.031 Water Quality Standards. Equivalency projects must also provide for BPWTT. The requirement for cost-effectiveness may be waived by the department for nonequivalency projects upon a showing that the project provides environmentally preferable benefits, for example sludge utilization, water reuse or reduction;

1. 2. An estimate of the average user

charge including documentation of the basis of the estimate;

1. 3. An assessment of the environmental

conditions and impact of the proposed project on the environment is required. The environmental review process and public notice requirements are contained in 10 CSR 20- 4.050. Additional public participation requirements are outlined in subsections (14)(A) and (B);

1. (B) Requirements applicable to equivalency projects only are as follows:

   1. 1. Innovative and alternative wastewater

treatment processes and techniques must be adequately studied and evaluated by the recipient;

1. 2. An I/I analysis which indicates

whether the sewer system is affected by excessive I/I must be performed and, if so, an analysis, which determines the cost-effective solution to the excessive I/I must be included;

1. 3. A description of recreational and

open space opportunities in the planning area must be included;

1. 4. The project shall be consistent with

the approved elements of any applicable water quality management plan under sections 205(j), 208, 303(e), 319 and 320 of the Federal Water Pollution Control Act as amended in 1987;

1. 5. Projects over ten (10) million dollars

must provide a multidisciplined engineering review of plans and specifications as required by section 218 of the Federal Water Pollution Control Act as amended in 1987. The department may require a value engineering study for projects under ten (10) million dollars; and

1. 6. An assessment of the environment

conditions and impact of the proposed project on the environment is required. The environmental review process and public notice requirements are contained in 10 CSR 20- 4.050. Additional public participation requirements are outlined in subsections (14)(A) and (B). This requirement was deleted from paragraph (9)(A)3. and moved to paragraph (9)(B)6. It now applies to fewer projects than it did before.

1. (10) Additional Preclosing Requirements.

   1. (A) Submittal Deadline. All documents necessary to provide assistance must be submitted to the department in sufficient time to allow adequate time for review and must be approved sixty (60) days prior to the pool closing date established by the department. The commission has the authority to extend deadlines if justified.

   2. (B) Final Document Submittal. Documents listed in paragraphs (10)(B)1.–6. must be submitted and approved by the department:

      1. 1. Resolution identifying the authorized

representative by name. Applicants for assistance under the SRF shall provide a resolution by the governing body designating a representative authorized to file the application for assistance, reimbursement requests and act in behalf of the applicant in all matters related to the project;

1. 2. Plans and specifications certified by a

registered professional engineer licensed in Missouri;

1. 3. Draft engineering contract as

described in section (12);

1. 4. Draft user charge ordinance as

described in section (17);

1. 5. Draft sewer use ordinance as

described in section (17);

1. 6. Proposed project schedule. The fol-

lowing represents the minimum requirements for the project schedule:

1. A. Construction start defined as date

of issuance of notice to proceed;

1. B. Construction completion;
2. C. Initiation of operation; and
3. D. Project completion;
4. 7. Certification of easements and real

property acquisition. Recipients of assistance under the SRF shall have obtained title or option to the property or easements or condemnation proceedings initiated for the project prior to award of a loan; and

1. 8. Other information or documentation

deemed necessary by the applicant or the department to ensure the proper expenditure of state funds.

1. (11) Accounting and Audits. Applicants are required to have a dedicated source for repayment of any loans and an adequate financial management system and audit procedure for the project which provides efficient and effective accountability and control of all property, funds and assets related to the project. The applicant’s financial system is subject to state or federal audits to assure fiscal integrity of public funds.

   1. (A) Each recipient is expected to have an adequate accounting system for the project which provides efficient and effective accountability and control of all property, funds and assets.

      1. 1. The recipient is responsible for main-

taining a financial management system which will adequately provide for an accurate, current and complete disclosure of the financial results of each SRF project. Accounting for project funds will be in accordance with generally accepted government accounting principles and practices, consistently applied, regardless of the source of funds.

1. 2. An acceptable accounting system

includes books and records showing all financial transactions related to the construction project. The system must document all receipt and disbursement transactions. It also must group them by type of account (for example, asset, revenue, expense, etc.) and by individual expense account (for example, personnel salaries and wages, subcontract costs, etc.).

1. A. The recipient shall maintain

books, records, documents and other evidence and accounting procedures and practices, sufficient to reflect properly the amount, receipt and disposition by the recipient for all assistance received for the project and the total costs of the project of whatever nature incurred for the performance of the project for which the assistance was awarded. Some of the minimum standards for an adequate accounting system are—

1. (I) The accounting system should

be on a double entry basis with a general ledger in which all transactions are recorded in detail or in summary from subordinate accounts;

1. (II) Recording of transactions per-

taining to the construction project should be all inclusive, timely, verifiable and supported by documentation;

1. (III) The system must disclose the

receipt and use of all funds received in support of the project;

1. (IV) Responsibility for all project

funds must be placed with either a project manager or trust agent;

1. (V) Responsibility for accounting

and control must be segregated from project operations. The accounting system and related procedures should be documented for consistent application;

1. (VI) The accrual basis of account-

ing is strongly recommended for construction projects as it provides an effective measure of costs and expenditures;

1. (VII) Inventories of property and

equipment should be maintained in subordinate records controlled by the general ledger and should be verified by physical inventory at least biennially; (VIII) The accounting system must identify all project costs and differentiate between eligible and ineligible costs;

1. (IX) Accounts should be set up in a

way to identify each organizational unit, function or task providing services to the construction project;

1. (X) An important project manage-

ment objective of the system is the derivation of information regarding actual versus budgeted costs by project task and performing organization; and

1. (XI) Financial reports should be

prepared monthly to provide project managers with a timely, accurate status of the construction project and costs incurred.

1. (B) Audits. The recipient must comply with the provisions of 2OMB Circular A-128 governing the audit of state and local government.

1. (12) Architectural or Engineering Contracts. The following represents the minimum requirements for the architectural or engineering contracts:

   1. (A) General Requirements for Subagreements.

      1. 1. Be necessary for and directly related

to the accomplishment of the project work.

1. 2. Be a lump sum or cost plus fixed fee

contract in the form of a bilaterally executed written agreement.

1. 3. Be for monetary consideration.
2. 4. Not be in the nature of a grant or gift.
3. 5. State a time frame for performance.
4. 6. State a cost which cannot be exceed-

ed except by amendment.

1. 7. State provisions for payment; and

2. (B) The nature, scope and extent of work to be performed during construction should include, but not be limited to, the following:

   1. 1. Preparing a plan of operation if

required by the department and as defined in subsection (24)(A);

1. 2. Preparing an operation and mainte-

nance manual if required by the department and as defined in subsection (24)(B);

1. 3. Assisting the recipient in bid letting;
2. 4. Assisting the recipient subdivision in

reviewing and analyzing construction bids and making recommendations for award;

1. 5. Inspecting during construction to

ensure conformance with the construction contract documents unless waived by the department; and

1. 6. Assisting with facility operation for

purposes of one (1)-year certification.

1. (C) Executed Engineering Contract Submittal. The final approved executed engineering contract must be submitted prior to the first reimbursement request.

1. (13) Procurement of Engineering Services. It is the policy of the commission that contracts for architectural, engineering and land sur- 10 CSR 20-4

veying services be negotiated on the basis of demonstrated competence, qualifications for the type of services required and at fair and reasonable prices. The procedures listed in subsections (13)(B) and (C) are contained in sections 8.285–8.291, RSMo. These procurement requirements apply unless the applicant elects to use the design/build option described in section (20).

1. (A) Use of the Same Architect or Engineer During Construction. If the recipient is satisfied with the qualifications and performance of the architect or engineer who provided any or all of the facilities planning or design services for the project and wishes to retain that firm or individual during construction of the project, it may do so without further public notice and evaluation of qualifications, provided the recipient selected the firm using, at a minimum, the procedures outlined in subsections (13)(B) and (C) of this rule.

2. (B) Whenever a project requiring architectural, engineering or land surveying services is proposed, the recipient shall evaluate current statements of qualifications and performance data of prequalified firms on file together with those that may be submitted by other firms regarding the proposed project. In evaluating the qualifications of each firm, the recipient shall use the following criteria:

   1. 1. The specialized experience and tech-

nical competence of the firm with respect to the type of services required;

1. 2. The capacity and capability of the

firm to perform the work in question, including specialized services, within the time limitations fixed for the completion of the project;

1. 3. The past record of performance of the

firm with respect to those factors as control of costs, quality of work and ability to meet schedules; and

1. 4. The firm’s proximity to and familiar-

ity with the area in which the project is located.

1. (C) Negotiation of a Contract.

   1. 1. The recipient shall list three (3) high-

ly qualified firms. The recipient shall then select the firm considered best qualified and capable of performing the desired work and attempt to negotiate a contract for the project with the firm selected.

1. 2. For a basis of negotiations the recipi-

ent shall prepare a written description of the scope of the proposed services.

1. 3. If the recipient is unable to negotiate

a satisfactory contract with the firm selected, negotiations with that firm shall be terminated. The recipient shall then undertake negotiations with another of the qualified firms selected. If there is a failing of accord with the second firm, negotiations with the firm shall be terminated. The recipient shall then undertake negotiations with the third qualified firm.

1. 4. If the recipient is unable to negotiate

a contract with any of the selected firms, the recipient shall reevaluate the necessary architectural, engineering or land surveying services, including the scope of services and reasonable fee requirements, again compile a list of qualified firms and proceed in accordance with the provisions of subsections (13)(B) and (C).

1. (14) Public Participation. The public must be allowed an opportunity to exchange ideas with the applicant during project development. Public participation must be preceded by timely distribution of information and must occur sufficiently in advance of decision making to allow the recipient to assimilate public views into action. At a minimum, the recipient must provide the opportunities for public participation described in the following:

   1. (A) A public meeting shall be conducted to discuss the alternative engineering solutions;
   2. (B) Prior to approval of the draft user charge ordinance, a public meeting shall be conducted to specifically address the proposed user charge rates. Public notice of the meeting should be published at least thirty

2. (30) days prior to the meeting date. The recipient shall prepare a transcript, recording or other complete record of the proceeding and submit it to the department and make it available at no more than cost to anyone who requests it. A copy of the record should be available for public review; and

   1. (C) Public participation requirements for environmental review are contained in 10 CSR 20-4.050(2)(B)2.
3. (15) Design. Design of the project will be in conformance with accepted engineering practices and the current Waste Treatment Design Guide, 10 CSR 20-8. A preliminary design submittal, including the design criteria and facilities layout sheet, may be required at approximately the twenty percent (20%) design stage.

4. (16) Intermunicipal Agreements. Prior to closing, if the project serves two (2) or more public entities, the applicant shall submit executed agreements or contracts between the public entities for the financing, construction and operation of the proposed treatment facilities. At a minimum, the agreement or contract will include:

   1. (A) The operation and maintenance responsibilities of each party upon which the costs are allocated;
   2. (B) The formula by which the costs are allocated; and
   3. (C) The manner in which the costs are allocated.

5. (17) User Charge and Sewer-Use Ordinance. Recipients are required to maintain, for the useful life of the treatment works, user charge and sewer-use ordinances approved by the department. User charge and sewer-use ordinances, at a minimum, shall be adopted prior to financing and implemented by the initiation of operation of the financed wastewater treatment works. A copy of the enacted ordinance must be submitted prior to initiation of operation.

   1. (A) The user charge system must be designed to produce adequate revenues required for the operation and maintenance, including a reserve for equipment replacement. A one hundred ten percent (110%) debt service reserve may be required. It shall be proportional and based upon actual use. Each user charge system must include an adequate financial management system that will accurately account for revenues generated by the system, debt service and loan fee costs and expenditures for operation and maintenance, including replacement based on an adequate budget identifying the basis for determining the annual operation and maintenance costs and the costs of personnel, material, energy and administration. The user charge system shall provide that the costs of operation and maintenance for all flow not directly attributable to users be distributed equally among the users. The system shall provide for an annual review of charges. A user charge system shall be adopted by all political subdivisions receiving service from the recipient.
   2. (B) The sewer-use ordinance shall prohibit any new connections from inflow sources into the treatment works and require that new sewers and connections to the treatment works are properly designed and constructed. The ordinance also shall require that all wastewater introduced into the treatment works not contain toxic or other pollutants in amounts or concentrations that endanger public safety and physical integrity of the treatment works; cause violation of effluent or water quality limitations; preclude the selection of the most cost-effective alternative for wastewater treatment and sludge disposal; or inhibit the performance of a pretreatment facility. The ordinance shall require all users to connect to the system within ninety (90) days of service availability.

6. (18) Specifications. The construction specifications must contain the features listed in the following:

   1. (A) Recipients must incorporate in their specifications a clear and accurate description of the technical requirements for the material, product or service to be procured. The description, in competitive procurements, shall not contain features which unduly restrict competition unless the features are necessary to test or demonstrate a specific thing or to provide for interchangeability of parts and equipment. The description shall include a statement of the qualitative nature of the material, product or service to be procured and, when necessary, shall set forth those minimum essential characteristics and standards to which it must conform if it is to satisfy its intended use;
   2. (B) The recipient shall avoid the use of detailed product specifications if at all possible;
   3. (C) When in the judgment of the recipient it is impractical or uneconomical to make a clear and accurate description of the technical requirements, recipients may use a brand name or equal description as a means to define the performance or other salient requirements of a procurement. The recipient need not establish the existence of any source other than the named brand. Recipients must state clearly in the specification the salient requirements of the named brand which must be met by offerers;
   4. (D) Sole Source Restriction. A specification shall not require the use of structures, materials, equipment or processes which are known to be available only from a sole source, unless the department determines that the recipient’s engineer has adequately justified in writing to the department that the proposed use meets the particular project’s minimum needs;
   5. (E) Experience Clause Restriction. The general use of experience clauses requiring equipment manufacturers to have a record of satisfactory operation for a specified period of time or of bonds or deposits to guarantee replacement in the event of failure is restricted to special cases where the recipient’s engineer adequately justifies any such requirement in writing. Where this justification has been made, submission of a bond or deposit shall be permitted instead of a specified experience period. The period of time for which the bond or deposit is required shall not exceed the experience period specified;
   6. (F) Domestic Products Procurement Law. In accordance with sections 34.350–34.359, RSMo, the bid documents shall require all manufactured goods or commodities used or supplied in the performance of any contract or subcontract awarded on a loan project to be manufactured, assembled or produced in the United States, unless obtaining American-made products would increase the cost of the contract by more than ten percent (10%);
   7. (G) Bonding. On construction contracts exceeding one hundred thousand dollars ($100,000), the bid documents shall require each bidder to furnish a bid guarantee equivalent to five percent (5%) of the bid price. In addition, the bid documents must require the successful bidder to furnish performance and payment bonds, each of which shall be in an amount not less than one hundred percent (100%) of the contract price;
   8. (H) State Wage Determination. The bid documents shall contain the current prevailing wage determination issued by the Missouri Department of Labor and Industrial Relations, Division of Labor Standards;
   9. (I) Contractors for equivalency projects must comply with the Davis-Bacon Act (40 U.S.C. 276a–276a-7). The current Davis- Bacon wage rate from the United States Department of Labor must be incorporated in the bid documents;

   10. (J) Small, Minority, Women’s and Labor Surplus Area Businesses. The recipient shall take affirmative steps and the bid documents shall require the bidders to take affirmative steps to assure that small, minority and women’s businesses are used when possible as sources of supplies, construction and services. Affirmative steps shall include the following:

       1. 1. Including qualified small, minority

and women’s businesses on solicitation lists;

1. 2. Assuring that small, minority and

women’s businesses are solicited whenever they are potential sources;

1. 3. Dividing total requirements, when

economically feasible, into small tasks or quantities to permit maximum participation of small, minority and women’s businesses;

1. 4. Establishing delivery schedules,

where the requirements of the work permit, which will encourage participation by small, minority and women’s businesses;

1. 5. Using the services and assistance of

the Small Business Administration and the Office of Minority Business Enterprise of the United States Department of Commerce as appropriate; and

1. 6. If the contractor awards subagree-

ments, requiring the subcontractor to take the affirmative steps in paragraphs (18)(J)1.–5. of this rule;

1. (K) Debarment/Suspension. The recipient agrees to deny participation in services, supplies or equipment to be procured for this project to any debarred or suspended firms or affiliates in accordance with Executive Order 12549. The recipient acknowledges that doing business with any party listed on the List of Debarred, Suspended or Voluntarily Excluded Persons may result in disallowance of project costs under the assistance agreement;
2. (L) Right of entry to the project site must be provided for representatives of the Missouri Department of Natural Resources, Clean Water Commission and the EIERA so they may have access to the work wherever it is in preparation or progress. Proper facilities must be provided for access and inspections; and
3. (M) The specifications must include the following statement: “The owner shall make payment to the contractor in accordance with section 34.057, RSMo.”

1. (19) Construction Equipment and Supplies Procurement. This section describes the minimum procurement requirements which the recipient must use under the SRF program unless the applicant elects to use the design/build option described in section (20).

   1. (A) Small Purchases. A small purchase is the procurement of materials, supplies and services when the aggregate amount involved in any one (1) transaction does not exceed twenty-five thousand dollars ($25,000). The small purchase limitation of twenty-five thousand dollars ($25,000) applies to the aggregate total of an order, including all estimated handling and freight charges, overhead and profit to be paid under the order. In arriving at the aggregate amount involved in any one
2. (1) transaction, all items which should properly be grouped together must be included. Department approval and a minimum of three

3. (3) quotes must be obtained prior to purchase.

   1. (B) Bidding Requirements. This subsection applies to procurement of construction equipment, supplies and construction services in excess of twenty-five thousand dollars ($25,000) awarded by the recipient for any project. No contract shall be awarded until the department has approved the formal advertising and bidding.

      1. 1. Formal advertising.

         1. A. Adequate public notice. The recip-

ient will cause adequate notice to be given of the solicitation by publication in newspapers of general circulation beyond the recipient’s locality (preferably statewide), construction trade journals or plan rooms, inviting bids on the project work and stating the method by which bidding documents may be obtained or examined.

1. B. Adequate time for preparing bids.

A minimum of thirty (30) days shall be allowed between the date when public notice, 10 CSR 20-4

publication, insertion or document available in a plan room is first published or provided and the date by which bids must be submitted. Bidding documents shall be available to prospective bidders from the date when the notice is first published or provided.

1. 2. Bid document requirements and pro-

cedure.

1. A. The recipient shall prepare a rea-

sonable number of bidding documents (invitations for bids) and shall furnish them upon request on a first-come, first-served basis. The recipient shall maintain a complete set of bidding documents and shall make them available for inspection and copying by any party. The bidding documents shall include, at a minimum:

1. (I) A completed statement of the

work to be performed or equipment to be supplied and the required completion schedule;

1. (II) The terms and conditions of the

contract to be awarded;

1. (III) A clear explanation of the

method of bidding and the method of evaluation of bid prices and the basis and method for award of the contract or rejection of all bids;

1. (IV) Responsibility requirements

and criteria which will be employed in evaluating bidders;

1. (V) The recipient shall provide for

bidding by sealed bid and for the safeguarding of bids received until public opening;

1. (VI) If a recipient desires to amend

any part of the bidding documents during the period when bids are being prepared, addenda shall be communicated in writing to all firms which have obtained bidding documents in time to be considered before the bid opening time. All addenda must be approved by the department prior to award of the contract;

1. (VII) A firm which has submitted a

bid shall be allowed to modify or withdraw its bid before the time of bid opening; (VIII) The recipient shall provide for a public opening of bids at the place, date and time announced in the bidding documents. Bids received after the announced opening time shall be returned unopened;

1. (IX) Award shall be to the lowest,

responsive, responsible bidder.

1. (a) After bids are opened, the

recipient shall evaluate them in accordance with the methods and criteria set forth in the bidding documents.

1. (b) The recipient shall award

contracts only to responsible contractors that possess the potential ability to perform successfully under the terms and conditions of a proposed contract. A responsible contractor is one that has financial resources, technical qualifications, experience, organization and facilities adequate to carry out the contract or a demonstrated ability to obtain these. The recipient may reserve the right to reject all bids. Unless all bids are rejected for good cause, award shall be made to the low, responsive, responsible bidder, the recipient shall have established protest provisions in the specifications. These provisions shall not include the department as a participant in the protest procedures.

1. (c) If the recipient intends to

make the award to a firm which did not submit the lowest bid, the recipient shall prepare a written statement before any award, explaining why each lower bidder was deemed nonresponsible or nonresponsive and shall retain the statements in its files.

1. (d) The recipient shall not reject

a bid as nonresponsive for failure to list or otherwise indicate the selection of subcontractor(s) or equipment unless the recipient has clearly stated in the solicitation documents that the failure to list shall render a bid nonresponsive and shall cause rejection of a bid;

1. (X) The recipient is encouraged

though not required to use the model specification clauses developed by the department; and

1. (XI) Departmental concurrence

with contract award must be obtained prior to actual contract award. Recipients shall notify the department in writing of each proposed construction contract which has an aggregate value over twenty-five thousand dollars ($25,000). The recipient shall notify the department within ten (10) calendar days after the bid opening for each construction subagreement. The notice shall include:

1. (a) Proof of advertising;
2. (b) Tabulation of bids;
3. (c) The bid proposal from the

bidder that the recipient wishes to accept, including justification if the recommended successful bidder is not also the lowest bidder;

1. (d) Recommendation of award;
2. (e) Any addenda not submitted

previously and bidder acknowledgment of all addenda;

1. (f) Copy of the bid bond;
2. (g) One (1) set of as-bid specifi-

cations;

1. (h) Suspension/Debarment Cer-

tification;

1. (i) Revised financial capability

worksheet and certification if bids exceed prebid estimates by more than fifteen percent (15%);

1. (j) MBE/WBE Worksheet;
2. (k) Recipient’s statement that

proposed contractor(s) positive efforts, MBE/WBE utilization, or both, have been reviewed and meet regulatory requirements;

1. (l) Site certification, if not previ-

ously submitted; and

1. (m) For equivalency projects,

Certification of Nonsegregated Facilities.

1. (20) Design Build Projects. Applicants may elect to use the design/build method of procuring design and construction services in lieu of the procurement methods described in section (13) of this rule.

   1. (A) Additional Application Requirements. In addition to the application requirements listed in sections (9) and (10) of this rule, the applicant must provide the department with the documents listed in the following:

      1. 1. A legal opinion of the applicant’s

counsel stating that the design/build procurement method is not in violation of any state or local statutes, charters, ordinances or rules pertaining to the applicant; and

1. 2. A bid package that is sufficiently

detailed to ensure that the bids received for the design/build work are complete, accurate, comparable and will result in the most costeffective operable facility which meets the design requirements of 10 CSR 20-8. The prebid package shall contain, at a minimum, the clauses discussed in subsections (18)(F)–(I) of this rule.

1. (B) Bidding Procedures. Bidding shall be conducted in accordance with the procedures described in subsection (19)(B) of this rule.
2. (C) Contract Type. Design/build contracts shall be lump sum contracts for the cost associated with design and construction. No increases to contract price for design and construction services shall be permitted. Recipients are encouraged to incorporate facility operations into the contract. When included in the contract, the cost of operations for an established time period may be included in the criteria for evaluating bids and selecting the lowest, responsible, responsive bidder.
3. (D) Review and Oversight. The recipient shall procure engineering services to oversee the design work performed by the design/build contractor and to provide resident inspection of construction. The department may require the recipient to submit plans, specifications and documentation during design and construction as necessary to ensure that the facility meets state standards for design and construction.
4. (E) Department Approvals and Permits. Prior to construction start, the recipient must obtain approval of the construction plans and specifications and obtain a construction permit from the department.

1. (21) Changes in Contract Price or Time. The contract price or time may be changed only by a change order. The value of any work covered by a change order or of any claim for increase or decrease in the contract price shall be determined by the methods set forth in the following:

   1. (A) Unit Prices.

      1. 1. Original bid items. Unit prices previ-

ously approved are acceptable for pricing changes of original bid items. However, when changes in quantities exceed fifteen percent (15%) of the original bid quantity and the total dollar change of that bid item is greater than twenty-five thousand dollars ($25,000), the recipient shall review the unit price to determine if a new unit price should be negotiated.

1. 2. New items. Unit prices of new items

shall be negotiated;

1. (B) A lump sum to be negotiated; and
2. (C) Cost Reimbursement. The actual cost for labor, direct overhead, materials, supplies, equipment and other services necessary to complete the work plus an amount to cover the cost of general overhead and profit.

1. (22) Progress Payments to Contractors.

   1. (A) It is the commission’s policy that recipients should make prompt progress payments to prime contractors and prime contractors should make prompt progress payments to subcontractors and suppliers for eligible construction, supplies and equipment costs.

      1. 1. For purposes of this section, progress

payments are defined as follows:

1. A. Payments for work in place; and
2. B. Payments for materials or equip-

ment which have been delivered to the construction site or which are stockpiled in the vicinity of the construction site in accordance with the terms of the contract, when conditional or final acceptance is made by or for the recipient. The recipient shall assure that items for which progress payments have been made are adequately insured and are protected through appropriate security measures.

1. (B) Appropriate provisions regarding

progress payments must be included in each contract and subcontract.

1. (C) Retention from Progress Payments.

The recipient may retain a portion of the amount otherwise due the contractor. The amount the recipient retains shall be in accordance with section 34.057, RSMo.

1. (23) Classification of Costs. The information in this section represents policies and procedures for determining the eligibility of project costs for assistance under programs supported by the SRF.

   1. (A) General. All project costs will be eligible if they meet the following tests:

      1. 1. Reasonable and cost effective;
      2. 2. Necessary for the construction of an

operable wastewater facility required mitigation; and

1. 3. Meet the eligibility limitations of the

Federal Water Quality Act of 1987.

1. (B) Eligible Costs. Eligible costs include, at a minimum:

   1. 1. Engineering services and other ser-

vices incurred in planning and in preparing the design drawings and specifications for the project. These services and their related expenses can be reimbursed based on actual invoices to be submitted after loan closing or by means of an allowance. For invoice reimbursement, the department must have a copy of the executed engineering contract for planning and design of the project. Allowance reimbursement for these services will be based on a percentage of the total eligible construction contract amount at bid opening plus land, equipment, materials and supplies identified or referenced in the approved facility plan, Finding of No Significant Impact or Categorical Exclusion as determined from Table 1 or 2 (as applicable). For phased or segmented projects, incremental allowance calculations and corresponding reimbursements may be made.

Table 1—Maximum Eligible Amount for Facilities Planning and Design

Allowance as a Percentage of

Construction Construction Cost Cost*

$ 100,000 or less $ 120,000 $ 150,000 $ 175,000 $ 200,000 $ 250,000 $ 300,000 $ 350,000 $ 400,000 $ 500,000 $ 600,000 $ 700,000 $ 800,000 $ 900,000 $ 1,000,000 $ 1,200,000 $ 1,500,000 $ 1,750,000 $ 2,000,000 $ 2,500,000 $ 3,000,000 $ 3,500,000 including

*Interpolate between values

14.49 14.11 13.66 13.36 13.10 12.68 12.35 12.08 11.84 11.46 11.16 10.92 10.71 10.52 10.36 10.09 9.77 9.55 9.37 9.07 8.83 8.63 $ 4,000,000 $ 5,000,000 $ 6,000,000 $ 7,000,000 $ 8,000,000 $ 9,000,000 $ 10,000,000 $ 12,000,000 $ 15,000,000 $ 17,500,000 $ 20,000,000 $ 25,000,000 $ 30,000,000 $ 35,000,000 $ 40,000,000 $ 50,000,000 $ 60,000,000 $ 70,000,000 $ 80,000,000 $ 90,000,000 $100,000,000 $120,000,000 $150,000,000 $175,000,000 $200,000,000

Table 2—Maximum Eligible Amount Design Only

Allowance as a Percentage of

Construction Construction Cost Cost*

$ 100,000 or less $ 120,000 $ 150,000 $ 175,000 $ 200,000 $ 250,000 $ 300,000 $ 350,000 $ 400,000 $ 500,000 $ 600,000 $ 700,000 $ 800,000 $ 900,000 $ 1,000,000 $ 1,200,000 $ 1,500,000 $ 1,750,000 $ 2,000,000 $ 2,500,000 $ 3,000,000 $ 3,500,000 $ 4,000,000 $ 5,000,000 $ 6,000,000 $ 7,000,000 $ 8,000,000 $ 9,000,000 $ 10,000,000 8.47 8.20 7.98 7.81 7.66 7.52 7.41 7.22 6.99 6.83 6.70 6.48 6.31 6.17 6.06 5.86 5.71 5.58 5.47 5.38 * Interpolate between values 5.30 5.16 Note: These tables shall not be used to 4.99 determine the compensation for facilities 4.88 planning or design services. The compensa- 4.79 tion for facilities planning or design services should be based upon the nature, scope and complexity of the services required by the community;

ing those portions of the project which are for treatment of wastewater, correction of excessive I/I or for new interceptor sewers;

services incurred during the building and ini-

8.57 tial operation phase of the project to ensure 8.38 that it is built in conformance with the design 8.16 drawings and specifications. A registered 8.01 professional engineer licensed in Missouri or 7.88 a person under the direction and continuing 7.67 supervision of a registered professional engi- 7.50 neer licensed in Missouri must provide 7.36 inspection of construction for the purpose of 7.24 assuring and certifying compliance with the 7.05 approved plans and specifications. Eligible 6.89 construction phase and initial operation phase 6.77 service are limited to— 6.66 6.56 6.43 6.34 6.17 6.05 5.96 manual; 5.80 5.67 start-up training for operators of mechanical 5.57 facilities constructed by the project to the 5.48 extent that these costs are incurred prior to 5.33 this department’s final inspection. Costs shall 5.21 be limited to on-site operator training tailored 5.12 to the facilities constructed or onor off-site 5.04 training may be provided by the equipment 4.96 manufacturer if this training is properly pro- 4.90 cured; 10 CSR 20-4

$ 12,000,000 $ 15,000,000 $ 17,500,000 $ 20,000,000 $ 25,000,000 $ 30,000,000 $ 35,000,000 $ 40,000,000 $ 50,000,000 $ 60,000,000 $ 70,000,000 $ 80,000,000 $ 90,000,000 $100,000,000 $120,000,000 $150,000,000 $175,000,000 $200,000,000

1. 2. The cost of subagreements for build-

2. 3. The reasonable cost of engineering

   1. A. Office engineering;
   2. B. Construction surveillance;
   3. C. Stakeout surveying;
   4. D. As-built drawings;
   5. E. Special soils/materials testing;
   6. F. Operation and maintenance

   7. G. Follow-up services and the cost of 4.79 4.67 4.58 4.51 4.39 4.29 4.21 4.14 4.03 3.94 3.87 3.81 3.75 3.71 3.63 3.53 3.46 3.41

      1. H. User charge and sewer-use ordi-

nance; and

1. I. Plan of operation;
2. 4. Demolition costs. The reasonable and

necessary cost of demolishing publicly owned WWTF’s which are no longer utilized for wastewater collection, transportation or treatment purposes. Generally, these costs will be limited to the demolition and disposal of the structures, final grading and seeding of the site;

1. 5. Change orders and the costs of meri-

torious contractor claims for increased costs under subagreements as follows:

1. A. Within the allowable scope of the

project;

1. B. Costs of equitable adjustments due

to differing site conditions; and

1. C. Settlements, arbitration awards and

court judgments which resolve contractor claims shall be allowable only to the extent that they are not due to the mismanagement of the recipient;

1. 6. Costs necessary to mitigate only

direct, adverse, physical impacts resulting from building of the treatment works;

1. 7. The costs of site screening necessary

to comply with environmental studies and facilities’ plans or necessary to screen adjacent properties;

1. 8. The cost of groundwater monitoring

facilities necessary to determine the possibility of groundwater deterioration, depletion or modification resulting from building the project;

1. 9. Equipment, materials and supplies.

   1. A. The cost of a reasonable inventory

of laboratory chemicals and supplies necessary to initiate plant operations and laboratory items necessary to conduct tests required for plant operation.

1. B. Cost of shop equipment installed at

the treatment works necessary to the operation of the works.

1. C. The costs of necessary safety

equipment, provided the equipment meets applicable federal, state, local or industry safety requirements.

1. D. The costs of mobile equipment

necessary for the operation of the overall wastewater treatment facility, transmission of wastewater or sludge or for the maintenance of equipment. These items include:

1. (I) Portable standby generators;
2. (II) Large portable emergency

pumps to provide pump-around capability in the event of pump station failure or pipeline breaks;

1. (III) Trailers and other vehicles

having as their purpose the transportation, application, or both, of liquid or dewatered sludge or septage; and

1. (IV) Replacement parts identified

and approved in advance;

1. 10. Costs of royalties for the use of or

rights in a patented process or product with the prior approval of the department;

1. 11. Land or easements when used as an

integral part of the treatment process. For equivalency projects, land must be purchased in accordance with the Uniform Relocation and Real Property Acquisition Policies Act of 1970, P.L. 91-646, as amended. Certification by the recipient of compliance under this Act is required;

1. 12. The cost of I/I correction, other than

normal maintenance costs, and treatment works capacity adequate to transport and treat nonexcessive I/I;

1. 13. Purchase of a private wastewater

systems, provided the project will eliminate or upgrade the existing facilities;

1. 14. Force account work for construction

oversight and engineering planning and design. If force account is used for planning and design, all engineering services during construction must be provided through force account;

1. 15. The cost of preparing an environ-

mental impact statement if required under 10 CSR 20-4.050;

1. 16. Nonpoint source projects as identi-

fied in the most current Missouri Nonpoint Source Management Plan;

1. 17. Construction permit application

fees, costs of issuance, capitalized interest, EIERA application fees, and contracted project administration costs; and

1. 18. Debt service reserve deposits.

2. (C) Governor’s Reserve (Equivalency Funds). The federal Clean Water Act has provided the commission with the authority to make recommendations to the governor to allocate up to twenty percent (20%) of the WWLF to use for other types of wastewater facilities not listed in paragraph (23)(B)2. of this rule. These facilities include:

   1. 1. Collector sewers provided that they

meet the requirements of either—

1. A. For major rehabilitation or

replacement of collection sewers that are needed to assure the total integrity of the system; or

1. B. New collector sewers for existing

communities where sufficient treatment capacity exists or adequate treatment will be available when collectors are completed;

1. 2. Correction of combined sewer over-

flows; and

1. 3. House laterals if they lie within the

public easement and will be maintained by the loan recipient.

1. (D) Noneligible costs include, but are not limited to:

   1. 1. The cost of ordinary site and building

maintenance equipment such as lawnmowers and snowblowers;

1. 2. The cost of general purpose vehicles

for the transportation of the recipient’s employees;

1. 3. Costs allowable in paragraph

(23)(B)11. that are in excess of just compensation based on the appraised value or amount determined in condemnation;

1. 4. Ordinary operating expenses of the

recipient including salaries and expenses of elected and appointed officials, preparation of routine financial reports and studies, and the state operating permit fees or other such permit fees necessary for the normal operation of the constructed facility;

1. 5. Preparation of applications and per-

mits required by federal, state or local regulations or procedures;

1. 6. Administrative, engineering and legal

activities associated with the establishment of special departments, agencies, commissions, regions, districts or other units of government;

1. 7. Personal injury compensation or

damages arising out of the project;

1. 8. Fines and penalties due to violations

of, or failure to comply with, federal, state or local laws, regulations or procedures;

1. 9. Costs outside the scope of the

approved project;

1. 10. Costs for which grant or loan pay-

ment have been or will be received from another state or federal agency;

1. 11. Force account work except that list-

ed in paragraph (23)(B)14.; and

1. 12. Costs associated with acquisition of

easements and land except that listed in paragraph (23)(B)11., unless and until Congress determines otherwise.

1. (24) Operation and Maintenance.

   1. (A) Plan of Operation.

      1. 1. If required by the department, the

recipient of assistance for construction of mechanical facilities must make provision satisfactory to the department for the development of a plan of operation designed to assure operational efficiency be achieved as quickly as possible. A plan of operation must be submitted by fifty percent (50%) construction completion and approved by ninety percent (90%) construction completion.

1. 2. The recipient will ensure that the

schedule of tasks as outlined in the approved plan of operation is implemented and completed in accordance with the schedules and prior to final inspection of the project. Plan of operations must be approved by the official project start-up date.

1. (B) Operation and Maintenance Manual. The recipient must make provision satisfactory to the department for assuring effective operation and maintenance of the constructed project throughout its design life. If required by the department, recipients of assistance for construction of mechanical facilities must develop an operation and maintenance manual in accordance with the following paragraphs:

   1. 1. A draft operation and maintenance

manual must be submitted by fifty percent (50%) construction completion;

1. 2. The recipient must make provision

satisfactory to the department to develop for approval an operation and maintenance manual in accordance with departmental guidelines; and

1. 3. At ninety percent (90%) construction,

the final operation and maintenance manual must be approved.

1. (C) Start-Up Training. At fifty percent (50%) construction completion, a start-up training proposal (if required) and proposed follow-up services contract must be submitted. This contract must be approved by ninety percent (90%) construction completion.
2. (D) Wastewater Operator. The recipient must make provision satisfactory to the department for assuring that qualified wastewater operator and maintenance personnel are hired in accordance with an approved schedule. Qualified personnel shall be those meeting the requirements established under 10 CSR 20-9.020.

1. (25) Retention of Records. This section describes the minimum record retention requirements for recipients of SRF assistance.

   1. (A) Construction-Related Activities. The recipient must retain all financial, technical and administrative records related to the planning, design and construction of the project for a minimum period of four (4) years following receipt of the final construction payment from SRF associated assistance or the recipient’s acceptance of construction, whichever is later. Records shall be available to state, federal officials, or both, for audit purposes during normal business hours during that period.
   2. (B) Post-Construction Financing Activities. The recipient must retain all financial and administrative records related to post-construction project financing for a minimum period of four (4) years following full repayment of any assistance on the SRF project.

2. (26) Conflict of Interest. No employee, officer or agent of the recipient shall participate in the selection, award or administration of a subagreement supported by state or federal funds if a conflict of interest, real or apparent, would be involved.

   1. (A) This conflict would arise when—

      1. 1. Any employee, officer or agent of the

recipient, any member of their immediate families or their partners have a financial or other interest in the firm selected for a contract; or

1. 2. An organization which may receive or

has been awarded a subagreement employs, or is about to employ, any person under paragraph (26)(A)1.

1. (B) The recipient’s officers, employees or agents shall neither solicit nor accept gratuities, favors or anything of substantial monetary value from contractors, potential contractors or other parties to subagreements.

AUTHORITY: section 644.026, RSMo Supp. 1995.* Original rule filed Sept. 13, 1988, effective Feb. 14, 1989. Amended: Filed April 2, 1990, effective Sept. 28, 1990. Emergency amendment filed July 17, 1990, effective July 30, 1990, expired Nov. 26, 1990. Amended: Filed Sept. 4, 1991, effective Feb. 6, 1992. Amended: Filed March 4, 1993, effective Sept. 9, 1993. Amended: Filed April 14, 1994, effective Nov. 30, 1994. Amended: Filed March 1, 1996, effective Nov. 30, 1996.

*Original authority: 644.026, RSMo 1972, amended 1973, 1987, 1993, 1995.