33 Miss. Code. R. 2-3.7.7 - Construction Phase Submittals, Approvals, and Actions

The following submittals, approvals, and actions will be required during the construction phase of the project. The Department may establish other time frames within the loan agreement when properly justified.

1. Within 90 days after approval of plans, specifications and contract documents by the Department (1) all construction related contracts must be advertised for bids and proof of such advertisement must be submitted, (2) all local funds necessary for the project must be secured, and proof of such local funds must be submitted, and (3) clear site certificates from the loan recipient and title counsel for all real property must be submitted.

2. Within 120 days after approval of plans, specifications and contract documents by the Department, the loan recipient must open bids on all construction related contracts.

3. Within 14 days after receipt of bids, the loan recipient must submit all DBE, EEO, and related documents.

4. Within 21 days after receipt of bids for new construction, the loan recipient must submit all bid packages.

5. Within 60 days after receipt of bids, the loan recipient must execute all construction contract documents, must submit a copy of all executed contract documents, and must issue and submit a copy of the notice to proceed on all such contracts.

6. By the date initially established in the loan agreement (which is based upon approximately 50% of contract time) the loan recipient must submit (1) a completed operation and maintenance manual for all drinking water treatment facilities to be constructed in whole or in part with DWSIRLF funds and (2) a plan on how the loan recipient will insure that operators are hired and certified in accordance with state law by the date in (g) below.

7. By the date initially established in the loan agreement (which is based upon approximately 90% of contract time) the loan recipient must (1) enact the approved user charge system and ordinance/corporate resolution and submit proof of such enactment, (2) if applicable, secure approval of the operation and maintenance manual, (3) hire all operators, and (4) submit their names and submit the operator certification numbers for the operators certified in accordance with state law.

8. Within 10 days after construction completion of each construction contract, the loan recipient must notify the Department of construction completion.

9. The Department will perform a final construction observation within 30 days after the current construction contract completion date, unless further delayed by the Department pursuant to review of the loan recipient's request and justification for such delay. Should the Department decide that the construction completion is being unreasonably delayed, a final construction observation may be immediately performed by the Department. The final construction observation by the Department is only for the purpose of determining final loan allowable costs.

10. Within 30 days after the current construction contract completion date, all change orders which include time extensions exceeding 30 days beyond the original contract completion date, and/or documentation showing the loan recipient is implementing all legal remedies provided in the contract documents for failure to complete construction when required, must be submitted to the Department for an allowability determination.

11. Within 30 days after the final construction observation performed by the Department, the loan recipient must submit: final payment request; approvable summary change orders for all construction contracts; full scale record drawings with all revisions shown and noted for the entire project funded in whole or in part with DWSIRLF funds; the registered engineer's certification of compliance with plans, specifications, and contract documents; appropriate bacteriological test results; final construction phase professional services contract amendments, if any; and all other administrative forms and documents required by the loan agreement. Loan payment requests submitted after this date are not allowable, regardless of when the costs were incurred.

12. Any other submittals or actions required by the loan agreement must be performed when so required and are subject to review and approval by the Department.

Notes

33 Miss. Code. R. 2-3.7.7

Miss. Code Ann. § 41-3-16(3)(b)

Amended 7/31/2016 Amended 5/25/2017