7 Miss. Code. R. 3-62.1 - Applications
1. The local School Board and Superintendent
shall prepare and submit to the State Board of Education in duplicate the "Long
Range Plan of Providing Equal Facilities" for the children of the district. It
is very desirable that a conference be held with the Office of School Building
and Transportation before the Long Range Plan is completed. This Long Range
Plan must be submitted to and approved by the State Board of Education before
any school building project can be approved.
2. The site for any new building must be
approved by the State Board of Education.
3. Separate applications, along with
preliminary plans, must be submitted for each project. These should be
submitted in duplicate for review and processing.
4. Immediately following the approval of each
project, a Loan Agreement and a No- Arbitrage Certificate must be executed by
and between the School Board and the State Board of Education. Copies of this
Agreement and Certificate will be mailed from the offices of the State
Department of Education to the School Board. All copies of the Agreement and
Certificate should be executed by the proper officials designated therein and
all copies returned to the State Department of Education.
5. The State Department of Education must be
furnished a Certificate of Title prepared and signed by an Attorney for the
School Board, if requested. (Blank forms will be provided by the State
Department of Education.) Title to school sites should be vested in the School
Board and their successors in office. In those cases where title to school
property is vested in municipal boards of aldermen, or other such governing
authorities of a municipality, a transfer of title to the proper School Board
should be effected and such deed properly recorded. In those cases where oil
and gas leases are in effect on property purchased for school sites, or where
mineral interests are outstanding, it will also be necessary for a non-drilling
agreement to be secured and filed with the State Department of Education.
6. Final plans and specifications
should then be completed, after the owner and architect/engineer have conferred
with officials of the Office of School Building and Transportation of the State
Department of Education, and have made a restudy of the plan in order to be
sure that all educational and other requirements have been met. Final plans and
specifications, including any addenda, must be approved by the Office of School
Building and Transportation, the State Board of Health, and other required
regulatory Agencies. Architects/engineers should furnish the State Department
of Education with two sets of plans and specifications on each project. When
such final plans and specifications are approved by the agencies aforesaid, the
School Board will be contacted by the State Department of Education to set a
bid date. When a bid date has been authorized by the State Department of
Education, proper notice to bidders should be published as provided by law
(37-47-29, Mississippi Code of 1972). School districts are urged to instruct
their architects/engineers to construct bid proposal documents to include every
"add alternate" and "deduct alternate" which may be needed to place the project
under contract. Under Mississippi law, there is no provision to "negotiate" a
contract.
7. All bids received
shall be publicly opened, read and tabulated and the contracts awarded to the
lowest and best bidders by the School Board, subject to the approval of the
State Board of Education.
8.
Following the acceptance of bids, the School Board and/or Architect/Engineer
shall submit to the State Department of Education the following:
a. Tabulation of all bids received.
b. Copy of "Bid Proposal" of
lowest bidder.
c. Four (4) copies
of signed contracts. (Contracts must be signed by the School Board President
and the authorized representative of the Contractor.)
d. Four (4) copies of "Performance Bonds",
with Power of Attorney in the State of Mississippi.
e. Letter from Contractor(s) stating that
there are no sub-contractors whose work value is in excess of $50,000.00, or a
list of the sub-contractor(s) with their addresses and certificate of
responsibility number(s).
f.
Architect's/Engineer's certification of area under contract.
g. Letter from Architect/Engineer stating the
percentage of project fees.
h.
Letter from the School Board as to the availability of funds to complete the
entire project.
i. Proof of
publication of Advertisement for Bids.
9. Payments will be made as follows:
a. 60% upon approval of Contract Documents by
the State Board of Education.
b.
30% upon written certificate from the Architect/Engineer that the project is
50% completed.
c. 10% upon
completion of the project (including completion of all items noted at the final
inspection), approval of final report by the State Board of Education, and
except as provided in Section 14 herein.
10. Architect/engineer will supervise and
conduct inspections during the course of the project, and will furnish field
inspection reports to the owner, contractor, and the State Department of
Education, Office of School Building and Transportation. Representatives of the
State Department of Education will make as many inspections as necessary for
project evaluation.
11. All change
orders; including credits granted by the contractor, must be submitted to and
approved by the State Board of Education before being carried out. Documentary
evidence must be furnished for every change that is made affecting the amount
of the contract or the architectural or engineering fees involved, and such
changes must be approved by the state Board of education and placed on record
in its minutes. The State Board of Education will not approve a reduction in
the work to be performed unless adequate evidence is presented that a
corresponding reduction in the amount of the contract has been affected.
Likewise, the State Board of Education will not approve an increase in the
contract amount, unless adequate evidence is provided that there will be a
corresponding increase in the work performed. No change order will be
considered by the State Board of Education after final payment has been made.
12. When the building is ready for
final inspection, there should be furnished the State Department of Education a
certificate from the architect/engineer that the building is substantially
completed and ready for final inspection. The architect/engineer will set a
time and date acceptable to the State Department of Education, the school
board, and the contractor for making the final inspection. A written report of
the final inspection shall be made to the State Department of Education by the
architect/engineer. The architect/engineer must furnish to the State Department
of Education (1) a copy of the "Final Certificate of Payment" A.I.A. Document
G-702 (an itemized statement showing all changes in contracts), (2) a
certification that all items on the final "punch list" have been completed or
corrected, (3) complete documentation of the expenditure of any allowances
which were included in the contract, and (4) a copy of all closing documents
and warranties as required. When this report is made to the State Board of
Education, and when same is approved, the State Board of Education will enter
an order in its minutes finally approving and accepting the project.
13. The architect/
engineer must furnish to the State Department of
Education (1) a copy of the "Final Certificate of Payment" A.I.A. Document
G-702 (an itemized statement showing all changes in contracts), (2) a
certification that all items on the final "punch list" have been completed or
corrected, (3) complete documentation of the expenditure of any allowances
which were included in the contract, and (4) a copy of all closing documents
and warranties as required. When this report is made to the State Board of
Education, and when same is approved, the State Board of Education will enter
an order in its minutes finally approving and accepting the project.
14. Prior to receiving the final 10% of loan
proceeds, the School Board shall submit to the State Board of Education a
certified copy of the records regarding the investment of the loan proceeds
which records will reflect (1) that the loan proceeds were segregated in an
account separate and apart from other funds of the School Board, (2) the date
the loan proceeds were received, (3) the dates the loan proceeds were invested
or reinvested, (4) the respective rates of interest in which the loan proceeds
were invested or reinvested, and (5) the amounts of investment income received
from the investment or reinvestment of the loan proceeds.
15. Upon receipt of those documents and
reports listed in 13 and 14 above, payment of the final 10% of state funds will
be made, subject however, to the State Board of Education right to deduct
certain amounts relating to the rebate to the United States Department of
Treasury of certain arbitrage profits, if any, resulting from the investment of
loan proceeds by the School Boards.
Notes
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