reglab/statecodes huggingface dataset:
Mississippi Administrative Code › Title 12 - Finance and Administration › Part 3 - Bureau of Building, Grounds and Real Property Management › Chapter 2 - Rules for the Bureau of Building, Grounds and Real Property Management › Rule 12-3-2.1 - Policies and Procedures › Section 12-3-2.1-600 - PLANNING PROCEDURES › CONSTRUCTION DOCUMENT PHASE › Section 12-3-2.1-600.47 - OPENING BIDS

Current through June 25, 2024
(added Note for bids after 2:00:00 Dec 2013 SoS)
Bid Agenda
* Name of Bidder
* Certificate of Responsibility Number
* Bid Security
* Base Bid
* Alternate(s)
* Unit prices, if requested
* Number of days for Contract completion
* Acknowledge Addenda
* Subcontracts, if required
* Nonresident law
The Professional will attend the bid opening and
						  furnish a detailed tabulation sheet according to the Bureau's format for
						  recording the bids. [See
Appendix 600
.]
At the appropriate hour, a member of the Bureau Staff
						  will declare the bidding closed. All
proposals
meeting the law
						  will be opened and read.
Note:
Any bid received after 2:00:00 p.m.
						  will be photocopied and returned unopened.
Special Note
: If only one (1)
Proposal
is received, the
Proposal
may be
						  opened and read.
The Bureau will retain the original
Proposal
						  Form
and the
Bid Bond
on each bid received. One (1)
						  copy of each of these items will be given to the Professional for information
						  purposes only. The Professional will submit to the Bureau a certified
						  tabulation of all
proposals
received, along with a
						  recommendation as to Contract award.
Mississippi Administrative Code › Title 12 - Finance and Administration › Part 3 - Bureau of Building, Grounds and Real Property Management › Chapter 2 - Rules for the Bureau of Building, Grounds and Real Property Management › Rule 12-3-2.1 - Policies and Procedures › Section 12-3-2.1-600 - PLANNING PROCEDURES › CONSTRUCTION DOCUMENT PHASE › Section 12-3-2.1-600.48 - WITHDRAWAL OF BID

Current through June 25, 2024
Any
Proposal
may be withdrawn prior to
						  the time specified for receiving bids. If, however, when all
Proposals
have been read and recorded, should a Bidder realize
						  a mistake has been made in the
Proposal
and desires to
						  withdraw the
Proposal
, the Bidder should rise and announce to
						  all present the intention of withdrawing the
Proposal
. All
						  withdrawal requests, after being made verbally, must be made in writing to the
						  Bureau no later than twenty four (24) hours following the bid opening.
						  [
Mississippi Supreme Court
decision,
Mississippi State
						  Building Commission et al v. Becknell Construction, Inc. et al
,
						  329 So.2nd 57 (1976)]
The letter of withdrawal should be addressed to the
						  Bureau of Building, Grounds and Real Property Management's Director. It should
						  identify the Project, include the original bid, take-off sheets, and any other
						  supporting documentation to provide proof of error. Failure to include
						  sufficient documentation will be grounds for rejection of the withdrawal
						  request and subsequent loss of the bid security.
Mississippi Administrative Code › Title 12 - Finance and Administration › Part 3 - Bureau of Building, Grounds and Real Property Management › Chapter 2 - Rules for the Bureau of Building, Grounds and Real Property Management › Rule 12-3-2.1 - Policies and Procedures › Section 12-3-2.1-600 - PLANNING PROCEDURES › CONSTRUCTION DOCUMENT PHASE › Section 12-3-2.1-600.49 - IRREGULARITIES

Current through June 25, 2024
The Bureau will be the sole judge in determining
						  irregularities, or informalities and render a decision as expeditiously as
						  possible.
Mississippi Administrative Code › Title 12 - Finance and Administration › Part 3 - Bureau of Building, Grounds and Real Property Management › Chapter 2 - Rules for the Bureau of Building, Grounds and Real Property Management › Rule 12-3-2.1 - Policies and Procedures › Section 12-3-2.1-600 - PLANNING PROCEDURES › CONSTRUCTION DOCUMENT PHASE › Section 12-3-2.1-600.50 - RETURNING BID DOCUMENTS

Current through June 25, 2024
(see
Instructions to Bidders Bid Document
						  Deposit and Return) (modified Dec 2013; August 2016)
The deposit amount, if any, shall be established as the
						  estimated actual cost of copying and reproduction plus shipping via USPS
						  standard Ground Transportation, shall be indicated in the Advertisement for
						  Bids. Bidders may request shipping via express carrier or expedited delivery at
						  their own additional cost. Upon returning the documents to the Professional
						  within ten (10) working days of the bid date and in good condition, all
						  document holders will be refunded the full deposit amount. Further, any
						  document holder who is awarded the contract, related subcontracts and/or vendor
						  agreements may elect to retain their documents and request refund of the full
						  deposit amount upon execution of the construction contract and approval of
						  general contractor, however; such documents shall be counted toward the total
						  number of copies furnished free of charge to the general contractor. No partial
						  sets of documents will be issued. Selected trade organizations, plan rooms and
						  web-based distribution networks will be issued one (1) set of documents without
						  charge.
Mississippi Administrative Code › Title 12 - Finance and Administration › Part 3 - Bureau of Building, Grounds and Real Property Management › Chapter 2 - Rules for the Bureau of Building, Grounds and Real Property Management › Rule 12-3-2.1 - Policies and Procedures › Section 12-3-2.1-600 - PLANNING PROCEDURES › CONSTRUCTION DOCUMENT PHASE › Section 12-3-2.1-600.51 - BID PROTEST

Current through June 25, 2024
(DFA Deputy Director added Dec 2013 SoS)
When all
Proposals
have been read and
						  recorded, should a Bidder wish to protest, the Bidder should rise and announce
						  to all present the protest. All protest, after being made verbally, must be
						  made in writing to the Bureau no later than twenty-four (24) hours following
						  the bid opening.
The letter of protest should be addressed to the Bureau
						  of Building, Grounds and Real Property Management's Director. Any request for
						  reconsideration after BoB Director's ruling shall be addressed to the DFA
						  Deputy Executive Director. It should identify the Project, include what is
						  being protested, why it is being protested, and be signed by the individual who
						  is protesting.
Protestors may be required to appear at the next PPRB
						  meeting and personally present their protest. The Bureau is under no obligation
						  to consider any protest received after twenty-four (24) hours. This includes a
						  protest made by anyone regardless of whether they attended the bid opening.
Mississippi Administrative Code › Title 12 - Finance and Administration › Part 3 - Bureau of Building, Grounds and Real Property Management › Chapter 2 - Rules for the Bureau of Building, Grounds and Real Property Management › Rule 12-3-2.1 - Policies and Procedures › Section 12-3-2.1-600 - PLANNING PROCEDURES › CONSTRUCTION DOCUMENT PHASE › Section 12-3-2.1-600.52 - NEGOTIATIONS

Current through June 25, 2024
Negotiations are at the Owner's option. In accordance
						  with House Bill 1172, Laws of 1996:
If the lowest and best bid is not
						  more than ten percent (10¢) above the amount of funds allocated for a
						  public construction or renovation project, then the agency or governing
						  authority shall be permitted to negotiate with the lowest bidder in order to
						  enter into a contract for an amount not to exceed the funds allocated.
Mississippi Administrative Code › Title 12 - Finance and Administration › Part 3 - Bureau of Building, Grounds and Real Property Management › Chapter 2 - Rules for the Bureau of Building, Grounds and Real Property Management › Rule 12-3-2.1 - Policies and Procedures › Section 12-3-2.1-600 - PLANNING PROCEDURES › CONSTRUCTION DOCUMENT PHASE › Section 12-3-2.1-600.53 - DISQUALIFICATION OF BIDDER

Current through June 25, 2024
All things being equal, a Contract will be awarded to
						  the lowest and best base bid, or lowest and best combination of base bid and
						  alternates, whichever produces a total within the available funds.
The following list of situations may disqualify a low
						  Bidder from being considered:
1.
						Failure to comply with the bid requirements.
2. Bidder is in arrears on existing Contracts
						with the Bureau or another state agency.
3. Bidder is, or anticipates being, in
						litigation or arbitration with the Bureau or another state agency.
4. Bidder has defaulted on a previous
						Contract.
Mississippi Administrative Code › Title 12 - Finance and Administration › Part 3 - Bureau of Building, Grounds and Real Property Management › Chapter 2 - Rules for the Bureau of Building, Grounds and Real Property Management › Rule 12-3-2.1 - Policies and Procedures › Section 12-3-2.1-600 - PLANNING PROCEDURES › CONSTRUCTION DOCUMENT PHASE › Section 12-3-2.1-600.54 - INFORMATION ON BID RESULTS

Current through June 25, 2024
Information pertaining to the results of any bids may
						  be reviewed on the premises at any time during normal working hours subsequent
						  to the time of the bid opening. This authority may be granted only to any
						  business or person who has submitted bids on the particular Project. Businesses
						  or persons not participating in the process may not be permitted access to any
						  Bid Proposal until after an award is made. After the award is made, all
						  information and Documents applicable to the awarded Contract shall be available
						  to any business or person; provided, however, that no information specified by
						  a participant and approved by the Bureau Staff as proprietary information will
						  be made available to any business or person.
Mississippi Administrative Code › Title 12 - Finance and Administration › Part 3 - Bureau of Building, Grounds and Real Property Management › Chapter 2 - Rules for the Bureau of Building, Grounds and Real Property Management › Rule 12-3-2.1 - Policies and Procedures › Section 12-3-2.1-600 - PLANNING PROCEDURES › CONSTRUCTION DOCUMENT PHASE › Section 12-3-2.1-600.55 - SUBCONTRACTOR'S LIST

Current through June 25, 2024
(Rule 13 changed to Rule 12 1/2002 to Rule
						  30-9-802:1.2(8) about 2011 & changed herein Jan 2015 plus subs prior to
						  award) (see also Div 0-5.2.1; Div 1-01010.1.01.F)
The Contractor will submit to the Bureau a list of any
						  Subcontractors, including disciplines and COR #'s over Fifty Thousand Dollars
						  ($50,000.00) to be used on the project prior to contract award. Any
						  Sub-Contractor listed must be acceptable to the Bureau. Additionally, include
						  any Mechanical, Plumbing, or Electrical Sub-Contractor listed on the Proposal
						  Form, regardless of amount. [
Mississippi Code 1972, Annotated
,
						  Sections
						  31-3-1
						  through
						  31-3-23.]
In addition, Rule 30-9-802:1.2(8) of the State
									 Contractor's Rules and Regulations states:
....the Prime Contractor on or before the date
									 of being awarded the prime Contract, shall submit to the awarding agency a list
									 of all subcontracts, exceeding Fifty Thousand Dollars ($50,000.00) with respect
									 to public - projects....
Mississippi Administrative Code › Title 12 - Finance and Administration › Part 3 - Bureau of Building, Grounds and Real Property Management › Chapter 2 - Rules for the Bureau of Building, Grounds and Real Property Management › Rule 12-3-2.1 - Policies and Procedures › Section 12-3-2.1-600 - PLANNING PROCEDURES › CONSTRUCTION DOCUMENT PHASE › Section 12-3-2.1-600.56 - AWARD OF CONTRACT

Current through June 25, 2024
Normally, the Bureau has forty-five (45) days after the
						  bid opening to award a Contract. The exact days will be stated on the
Proposal Form
.
The Professional will prepare and submit a certified
Bid Tabulation
[See
Appendix 600
.] accompanied by
						  a letter recommending an award to the Bureau and Using Agency. The Bureau will
						  proceed as expeditiously as possible to present the award at the next PPRB
						  meeting.
The Using Agency should notify its Governing Board of
						  the award and the Governing Board should forward its confirmation to the Bureau
						  as soon as possible.
The Professional, Using Agency and Governing Board will
						  be informed in writing of the final action concerning the award made by the
						  PPRB.
Mississippi Administrative Code › Title 12 - Finance and Administration › Part 3 - Bureau of Building, Grounds and Real Property Management › Chapter 2 - Rules for the Bureau of Building, Grounds and Real Property Management › Rule 12-3-2.1 - Policies and Procedures › Section 12-3-2.1-600 - PLANNING PROCEDURES › CONSTRUCTION DOCUMENT PHASE › Section 12-3-2.1-600.57 - CONTRACT PREPARATION

Current through June 25, 2024
(modified Dec 2013; Jan 2015 re embossed) (see also
						  600.42, 700.14, 00100, 00600, 00650 regarding Bond info) (see also 700.40 and
						  Div 1 01720 for electronic As-Built Documents)
Following notification by the Bureau that a Contract
						  has been awarded, the Professional will:
1. Prepare within ten (10) working days' time
						the
Standard Form of Agreement Between the Owner and the
						Contractor
. (2 weeks changed to 10 working days June 2011)
2. Prepare two (2) sets of Official Contracts
						and two (2) reduced sets of drawings.
3. Label the front cover
OFFICIAL
						CONTRACT DOCUMENTS
.
4.
						The
Contract
should be in the following order and include:
a. Index
b. List of Drawings
c. Advertisement for Bids
d. Instructions to Bidders
e. Proposal Form
f. Standard Form of Agreement Between the
						Owner and the Contractor
g.
						Contract Bond
h. Power of Attorney
i. Certificate of Insurance
j. General Conditions
k. Supplementary Conditions
l. Wage Rates, if applicable
m. Addenda
n. Division 1: General Requirements
o. Division 1 Supplements
p. Division 2: Site Work
q. Division 3: Concrete
r. Division 4: Masonry
s. Division 5: Metals
t. Division 6: Woods and Plastics
u. Division 7: Thermal and Moisture
						Protection
v. Division 8: Doors
						and Windows
w. Division 9:
						Finishes
x. Division 10:
						Specialties
y. Division 11:
						Equipment
z. Division 12:
						Furnishings
aa. Division 13:
						Special Construction
bb. Division
						14: Conveying Systems
cc. Division
						15: Mechanical
dd. Division 16:
						Electrical
Mississippi Administrative Code › Title 12 - Finance and Administration › Part 3 - Bureau of Building, Grounds and Real Property Management › Chapter 2 - Rules for the Bureau of Building, Grounds and Real Property Management › Rule 12-3-2.1 - Policies and Procedures › Section 12-3-2.1-700 - CONSTRUCTION PROCEDURES › Section 12-3-2.1-700.1 - NOTICE TO PROCEED

Current through June 25, 2024
SAMPLE
Notice to Proceed
The
Notice to Proceed
may be issued
						immediately after the Bureau Director signs the
Standard Form of
						Agreement Between the
April 27, 1999
John Tyler Construction Company
1212 Albertville Road
Sampson, MS 39999
Re: Project # 370-999
'95 Roofing Program
Bureau of Capitol Facilities
Gentlemen:
Attached herewith is your copy of the Contract
								  which as been properly executed. This letter is your authority to proceed with
								  the construction of the above referenced Project. Your Contract starting date
								  is
June 1, 1995
. The Contract requires completion within
ninety (90)
consecutive calendar days; therefore, the
								  completion date is
August 29, 1995
.
The Bureau's Contract requires assessment of
								  Liquidated Damages on Projects not completed within the Contract Time.
Supplementary Condition 9.3.1.4
of the Contract Documents
								  requires each Application for Payment to be accompanied with a letter and
								  supporting data indicating whether or not an Extension of Time is requested.
Please sign and return one (1) copy of this
								  letter to the Bureau office.
Sincerely,
BUREAU OF BUILDING, GROUNDS AND REAL PROPERTY
								  MANAGEMENT
Construction Administrator
CONTRACTOR'S
								  ACKNOWLEDGEMENT:
Contractor's Name
Signed By: ______________________________
Name & Title:
								  ___________________________
Date:
								  __________________________________
Owner and the Contractor
. The
Notice
establishes the starting date for construction and a
						projected date of completion.
The starting date for construction will be coordinated
						between the Using Agency and the Bureau Project Manager. The projected
						completion date will be calculated from the starting date in accordance with
						the number of calendar days stated on the
Proposal Form
and
						agreed to by the Contractor.
Two (2) ORIGINALS of the
Notice
will be
						prepared and signed by the Bureau Inspector. These originals will be forwarded
						to the Contractor who will sign both, return one (1) to the Bureau and keep the
						other on file. The projected completion date will not change unless an
						extension is approved through the Change Order process. [See
Appendix
						700
.]
Mississippi Administrative Code › Title 12 - Finance and Administration › Part 3 - Bureau of Building, Grounds and Real Property Management › Chapter 2 - Rules for the Bureau of Building, Grounds and Real Property Management › Rule 12-3-2.1 - Policies and Procedures › Section 12-3-2.1-700 - CONSTRUCTION PROCEDURES › Section 12-3-2.1-700.2 - PRECONSTRUCTION MEETING

Current through June 25, 2024
A Preconstruction meeting will be scheduled prior to the
						commencement of Work. This meeting may be held prior to the issuance of the
Notice to Proceed
, but no later than fifteen (15) days after
						the Notice has been issued. The Owner's Project Manager, the Professional and
						his Consultants, the Contractor, major Subcontractors (including mechanical and
						electrical), and Using Agency representatives will be in attendance at the
						Preconstruction meeting.
The Bureau may be responsible for scheduling and
						administering the Preconstruction meeting. The Contractor or Professional is
						responsible for providing the following information:
1. Prepare meeting agenda:
a. Distribute and discuss list of major
					 Subcontractors and construction schedule
b. Critical work sequencing
c. Designate responsible personnel
d. Set procedures for maintaining record
					 documents
e. Set procedures for
					 using premises, including office and storage areas
f. Owner's requirements
g. Security procedures
h. Housekeeping procedures
Mississippi Administrative Code › Title 12 - Finance and Administration › Part 3 - Bureau of Building, Grounds and Real Property Management › Chapter 2 - Rules for the Bureau of Building, Grounds and Real Property Management › Rule 12-3-2.1 - Policies and Procedures › Section 12-3-2.1-700 - CONSTRUCTION PROCEDURES › Section 12-3-2.1-700.3 - CONSTRUCTION SCHEDULE

Current through June 25, 2024
The Contractor will furnish the Owner and Professional
						with two (2) copies of a construction schedule for the entire Work within
						fifteen (15) days after the issuance of the
Notice to Proceed
.
						This schedule will be revised each month and forwarded to the Owner and
						Professional each time.
Mississippi Administrative Code › Title 12 - Finance and Administration › Part 3 - Bureau of Building, Grounds and Real Property Management › Chapter 2 - Rules for the Bureau of Building, Grounds and Real Property Management › Rule 12-3-2.1 - Policies and Procedures › Section 12-3-2.1-700 - CONSTRUCTION PROCEDURES › Section 12-3-2.1-700.4 - SCHEDULE OF VALUES

Current through June 25, 2024
A
Schedule of Values
, typewritten on AIA
						Document G702A, will be submitted by the Contractor to the Professional at
						least ten (10) days prior to submitting the first Application for Payment. Upon
						the Professional's request, the Contractor may be asked to support the values
						stated on the Schedule with data substantiating their
						correctness.
Mississippi Administrative Code › Title 12 - Finance and Administration › Part 3 - Bureau of Building, Grounds and Real Property Management › Chapter 2 - Rules for the Bureau of Building, Grounds and Real Property Management › Rule 12-3-2.1 - Policies and Procedures › Section 12-3-2.1-700 - CONSTRUCTION PROCEDURES › Section 12-3-2.1-700.5 - PRODUCT LISTING

Current through June 25, 2024
Within thirty (30) days after the signing of the
Contract, the Contractor will submit to the
Professional five
						(5) copies of a complete list of all products which are proposed for
						installation. The list should be tabulated by specification section.
Within thirty (30) days after the signing of the
						Contract, the Contractor will submit to the Professional five (5) copies of a
						list indicating all products he proposes for substitution. This list should
						include:
1. Complete information
					 substantiating the substituted product meets the specifications
2. Product:
a. Product identification (name and address)
b. Manufacturer's literature
					 (product description, performance/test data, reference standards)
c. Samples
d. Name and address of similar projects on
					 which product was used and date of installation
Mississippi Administrative Code › Title 12 - Finance and Administration › Part 3 - Bureau of Building, Grounds and Real Property Management › Chapter 2 - Rules for the Bureau of Building, Grounds and Real Property Management › Rule 12-3-2.1 - Policies and Procedures › Section 12-3-2.1-700 - CONSTRUCTION PROCEDURES › Section 12-3-2.1-700.6 - OWNER/PROFESSIONAL/CONTRACTOR RELATIONSHIP

Current through June 25, 2024
The Professional will be the Owner's representative
						during construction and until the expiration of the Warranty period. The
						Professional will make on-site inspections as necessary to protect the interest
						of the Owner and to guard the Owner against defects and deficiencies in the
						Work of the Contractor. All instructions to the Contractor will go through the
						Professional.
The Owner is also represented by the Bureau's Project
						Manager who make regular on-site inspections of the Work. If the Using Agency
						is occupying the building during construction, the Project Manager will
						coordinate with the Contractor and Using Agency a schedule for vacating areas
						as the Contractor requires.
The Contractor's Superintendent is responsible for the
						coordination of the total construction Project. All Subcontractors will
						cooperate with the Superintendent so as to facilitate the progress of the Work.
						Each trade will afford all other trades every reasonable opportunity for the
						installation of their work. The Contractor will receive all instructions from
						the Professional.
Mississippi Administrative Code › Title 12 - Finance and Administration › Part 3 - Bureau of Building, Grounds and Real Property Management › Chapter 2 - Rules for the Bureau of Building, Grounds and Real Property Management › Rule 12-3-2.1 - Policies and Procedures › Section 12-3-2.1-700 - CONSTRUCTION PROCEDURES › Section 12-3-2.1-700.8 - CONTRACTOR'S DUTIES & RESPONSIBILITIES

Current through June 25, 2024
1. Provide and
					 pay for:
a. Labor, materials and equipment
b. Tools, construction equipment
					 and machinery
b. Water, heat and
					 utilities required for construction
c. Other facilities and services necessary
					 for proper execution and completion of the Work
Mississippi Administrative Code › Title 12 - Finance and Administration › Part 3 - Bureau of Building, Grounds and Real Property Management › Chapter 2 - Rules for the Bureau of Building, Grounds and Real Property Management › Rule 12-3-2.1 - Policies and Procedures › Section 12-3-2.1-700 - CONSTRUCTION PROCEDURES › Section 12-3-2.1-700.9 - CONTRACTOR'S PROJECT COORDINATOR

Current through June 25, 2024
Regardless of the size of the Project, the Contractor
						will designate one (1) individual as Project Coordinator, or Superintendent,
						prior to the beginning of the Work. His name and qualifications will be
						submitted, in writing, to the Professional and Owner for approval. Upon
						approval, the Superintendent will remain until the Project is complete. He
						cannot be removed during the Construction Phase without the written consent of
						the Owner and the Professional.
Duties of the Superintendent include:
1. Coordinating the work of all
					 Subcontractors and Material Suppliers
2. Supervising the every day work taking
					 place on the Project
3.
					 Establishing lines of authority and communication on the job site
4. Being present on the job site at all times
5. Obtaining building and special
					 permits required for construction
6. Consulting with the Professional to obtain
					 interpretations of the Contract Documents
7. Assisting in resolution of questions
8. Transmitting written
					 interpretations to all concerned parties
9. Stopping all work not in accordance with
					 the Contract Documents
10.
					 Presiding at all Progress meetings
11. Preparing and submitting all construction
					 schedules
12. Assisting in
					 preparation of each entry in the Schedule of Values
13. Coordinating any testing
14. Monitoring all temporary facilities
15. Administering the process of
					 all substitutions
16. Conducting
					 final inspections
17. Assisting in
					 collection and preparation of closeout documents
18. Maintaining up-to-date Project record
					 documents
19. Enforcing all safety
					 requirements
20. Recommending and
					 assisting in preparation of requests to Professional for changes to Contract
Mississippi Administrative Code › Title 12 - Finance and Administration › Part 3 - Bureau of Building, Grounds and Real Property Management › Chapter 2 - Rules for the Bureau of Building, Grounds and Real Property Management › Rule 12-3-2.1 - Policies and Procedures › Section 12-3-2.1-700 - CONSTRUCTION PROCEDURES › Section 12-3-2.1-700.10 - OWNER'S RELATIONSHIP TO SUBCONTRACTORS

Current through June 25, 2024
The Owner's contractual agreement is with the Contractor.
						The Subcontractor's contractual agreement is with the Contractor. Therefore,
						the Owner has no direct contractual agreement with the Subcontractor and is not
						under any legal obligation to the Subcontractor.
However, the Owner does expect the Contractor to promptly
						pay each Subcontractor and Material Supplier, upon receipt of payment from the
						Owner. In turn, each Subcontractor should make payments to his Subcontractors
						and Material Suppliers in similar manner.
The amount retained by the Contractor from each payment
						to each Subcontractor will not exceed the percentage retained by the Owner from
						the Contractor.
Mississippi Administrative Code › Title 12 - Finance and Administration › Part 3 - Bureau of Building, Grounds and Real Property Management › Chapter 2 - Rules for the Bureau of Building, Grounds and Real Property Management › Rule 12-3-2.1 - Policies and Procedures › Section 12-3-2.1-700 - CONSTRUCTION PROCEDURES › Section 12-3-2.1-700.11 - COMPLAINTS FROM SUBCONTRACTORS

Current through June 25, 2024
Since, there is no written contractual agreement between
						the Bureau and the Subcontractor, the Subcontractor has a direct Contract with
						the Contractor to perform a portion of the Work at the site. This Contract
						should be in writing for validity. The Subcontractor should assume toward the
						Contractor all the obligations and responsibilities which the Contractor, by
						the Contract Documents, has towards the Owner with respect to the Work to be
						performed by the Subcontractor. The Subcontractor, unless specifically provided
						otherwise in the subcontract agreement, is allowed the same benefit of rights,
						remedies and redress against the Contractor that the Contractor, by the
						Contract Documents, has against the Owner.
Should the Contractor fail to carry out the subcontract
						agreement with the Subcontractor, the Bureau, acting as Owner, is not bound by
						law to intercede. The Subcontractor should contact the Contractor's Bonding
						Company directly for redress. The Bureau does, however, request a copy of any
						complaint submitted by a Subcontractor regarding a current Contractor.
Mississippi Administrative Code › Title 12 - Finance and Administration › Part 3 - Bureau of Building, Grounds and Real Property Management › Chapter 2 - Rules for the Bureau of Building, Grounds and Real Property Management › Rule 12-3-2.1 - Policies and Procedures › Section 12-3-2.1-700 - CONSTRUCTION PROCEDURES › Section 12-3-2.1-700.12 - EQUAL OPPORTUNITY EMPLOYER

Current through June 25, 2024
The Contractor and all Subcontractors will not
						discriminate against any employee or applicant for employment because of race,
						religion, color, sex, national origin or age. The Contractor agrees to post in
						conspicuous places, available to employees and applicants for employment,
						notices setting forth the policies of nondiscrimination.
Mississippi Administrative Code › Title 12 - Finance and Administration › Part 3 - Bureau of Building, Grounds and Real Property Management › Chapter 2 - Rules for the Bureau of Building, Grounds and Real Property Management › Rule 12-3-2.1 - Policies and Procedures › Section 12-3-2.1-700 - CONSTRUCTION PROCEDURES › Section 12-3-2.1-700.13 - LABOR LAW COMPLIANCE

Current through June 25, 2024
If the Project requires compliance with the Davis-Bacon
						Act, the Contractor will agree to all terms and conditions of this act. In
						addition, on federal and federally assisted construction Projects, the
						Contractor agrees to abide by all the terms and conditions of the labor
						standards for ratios of apprentices and trainees to
						journeymen.
Mississippi Administrative Code › Title 12 - Finance and Administration › Part 3 - Bureau of Building, Grounds and Real Property Management › Chapter 2 - Rules for the Bureau of Building, Grounds and Real Property Management › Rule 12-3-2.1 - Policies and Procedures › Section 12-3-2.1-700 - CONSTRUCTION PROCEDURES › Section 12-3-2.1-700.14 - CONTRACTOR'S INSURANCE

Current through June 25, 2024
(amended Aug-Dec 2013 SoS) (see also 00100, 00600, 00650,
						600.42, 600.57.9)
The Contractor will pay for and maintain all insurance
						required by the Owner during the entire construction period. If for any reason,
						the Contractor allows the insurance to lapse or be canceled, construction will
						be stopped until insurance has been renewed and the Owner notified in writing
						by the insurance company. The insurance company will notify the Owner, thirty
						(30) days prior to cancellation of the policy. Insurance Provider Companies AND
						Agent signing Certificate must be approved by the Mississippi Insurance
						Department on their web at
http://www.mid.ms.gov/licapp/search_main.aspx
.
						(Agent does not have to be on the MID web "for providers necessarily" - but
						must be a Mississippi Licensed Agent and an approved Agent on MID web. Easier
						to locate Agent at MID when name agrees with MID licensed
						name.)
Mississippi Administrative Code › Title 12 - Finance and Administration › Part 3 - Bureau of Building, Grounds and Real Property Management › Chapter 2 - Rules for the Bureau of Building, Grounds and Real Property Management › Rule 12-3-2.1 - Policies and Procedures › Section 12-3-2.1-700 - CONSTRUCTION PROCEDURES › Section 12-3-2.1-700.15 - ALLOWANCES

Current through June 25, 2024
Allowances may be purchased under the direction of the
						Professional who should consult with the Contractor regarding the products and
						suppliers when making selections and designating products to be used. The
						Professional should notify the Contractor and the Owner in writing of the
						decisions made regarding these allowances. The amount of each allowance should
						include:
1. Net cost of product
2. Delivery and unloading at the
					 site
3. Applicable taxes
4. Handling at site, including
					 uncrating and storage
5.
					 Protection from elements, from damage
6. Labor, installation and finishing
7. Other expenses required to
					 complete installation
8. Overhead
					 and profit
The Contractor should assist the Professional by
						obtaining a minimum of two (2) proposals from Suppliers when requested by the
						Professional. When selections have been made, the Contractor should enter into
						a purchase agreement with the designated Supplier.
Should the actual purchase cost be more, or less, than
						the specified allowance amount, the Contract will be adjusted by Change Order
						equal to the amount of the difference.
Mississippi Administrative Code › Title 12 - Finance and Administration › Part 3 - Bureau of Building, Grounds and Real Property Management › Chapter 2 - Rules for the Bureau of Building, Grounds and Real Property Management › Rule 12-3-2.1 - Policies and Procedures › Section 12-3-2.1-700 - CONSTRUCTION PROCEDURES › Section 12-3-2.1-700.16 - CONSTRUCTION TESTING

Current through June 25, 2024
Any soil investigations conducted by the Professional
						during the Planning Phase may be examined at the Professional's office by the
						Contractor for information purposes only and is not a Warranty of subsurface
						conditions. The Contractor may make his own investigations to satisfy himself
						with the site and subsurface conditions prior to bidding and at his own cost.
						Further, the Contractor will bear all cost of testing, inspections, etc. during
						the Construction Phase.
Mississippi Administrative Code › Title 12 - Finance and Administration › Part 3 - Bureau of Building, Grounds and Real Property Management › Chapter 2 - Rules for the Bureau of Building, Grounds and Real Property Management › Rule 12-3-2.1 - Policies and Procedures › Section 12-3-2.1-700 - CONSTRUCTION PROCEDURES › Section 12-3-2.1-700.17 - PROGRESS MEETINGS

Current through June 25, 2024
The Bureau will schedule regular Progress meetings at the
						time of the Pre-construction Conference where the Owner's Project Manager,
						Professional and his Consultants, and Subcontractors pertinent to the agenda
						will attend. The Contractor will prepare the agenda to include:
1. Review, approve minutes of the previous
					 meeting
2. Review work progress
					 since last meeting
3. Note field
					 observations, problems and decisions
4. Identify problems which impede planner
					 progress
5. Review off-site
					 fabrication problems
6. Revise
					 construction schedule as indicated
7. Plan progress during the next work period
8. Review proposed changes
9. Complete other current business
10. Review application for payment
					 submitted by the Contractor
Mississippi Administrative Code › Title 12 - Finance and Administration › Part 3 - Bureau of Building, Grounds and Real Property Management › Chapter 2 - Rules for the Bureau of Building, Grounds and Real Property Management › Rule 12-3-2.1 - Policies and Procedures › Section 12-3-2.1-700 - CONSTRUCTION PROCEDURES › Section 12-3-2.1-700.18 - TEMPORARY FACILITIES/SERVICES

Current through June 25, 2024
When the Contractor sets up temporary construction
						facilities and services, he will be expected to meet, or exceed, the
						requirements established in the current edition of the
Standard
						Building Code
. In addition, he shall provide the following:
1.
Access
: An adequate access
					 and/or roads to the site of the structure; at least one (1) temporary or
					 permanent access to each working elevation.
2.
Hoisting Facilities
: Suitable
					 capacity and hoisting facilities for all people and materials.
3.
Field Office and Sheds
:
					 Weatherproof office with telephone.
4.
Sanitation Facilities
:
					 Temporary toilet facilities.
5.
Drinking Water
: Drinking water facilities for all workmen,
					 including icing, when required, paper cups, etc., all maintained in a sanitary
					 condition.
6.
Fire
					 Protection
: Temporary fire protection.
7.
Storage
: Storage areas to
					 various Subcontractors.
8.
Temporary Heat
: Heat, fuel and services, as necessary, to protect
					 all work from dampness and cold until final acceptance.
9.
Utilities
: Furnish water,
					 electricity (lighting and power) and other utilities necessary for construction
					 purposes.
Mississippi Administrative Code › Title 12 - Finance and Administration › Part 3 - Bureau of Building, Grounds and Real Property Management › Chapter 2 - Rules for the Bureau of Building, Grounds and Real Property Management › Rule 12-3-2.1 - Policies and Procedures › Section 12-3-2.1-700 - CONSTRUCTION PROCEDURES › Section 12-3-2.1-700.19 - PROJECT SIGN

Current through June 25, 2024
(new State Seal per Legislature July 1, 2014) (See Div 1
						Ex B)
The Contractor will erect on adequate supports and
						maintain one (1) neatly constructed and painted 3/4" thick plywood sign
						approximately four feet by eight feet (4' x 8'). The Professional will provide
						the colors, letters, layout and location of the sign.
No other signs will be displayed on the job site without
						permission of the Professional. The displaying of sign advertisements is
						strictly prohibited.
Mississippi Administrative Code › Title 12 - Finance and Administration › Part 3 - Bureau of Building, Grounds and Real Property Management › Chapter 2 - Rules for the Bureau of Building, Grounds and Real Property Management › Rule 12-3-2.1 - Policies and Procedures › Section 12-3-2.1-700 - CONSTRUCTION PROCEDURES › Section 12-3-2.1-700.21 - MINOR CHANGES TO THE WORK

Current through June 25, 2024
The Professional will use AIA Document G710,
Architect's Supplemental Instruction
, to record verbal
						modifications to the Work not involving a change in the Contract Sum or the
						Contract Time.
Mississippi Administrative Code › Title 12 - Finance and Administration › Part 3 - Bureau of Building, Grounds and Real Property Management › Chapter 2 - Rules for the Bureau of Building, Grounds and Real Property Management › Rule 12-3-2.1 - Policies and Procedures › Section 12-3-2.1-700 - CONSTRUCTION PROCEDURES › Section 12-3-2.1-700.22 - CONTRACTOR'S MONTHLY REQUEST

Current through June 25, 2024
(modified Jan 2015=4 copies to original & 1
						copy)
The Contractor's requests for periodic and final payments
						will be submitted to the Professional for approval using AIA Document G720 and
						G702A entitled
Application and Certificate for Payment
, or a
						computer generated form having the same format and containing the same
						information. Before submitting, the Contractor will have the application for
						payment notarized in accordance with the statement on the application
						form.
Based on inspections at the site and the Contractor's
						application for payment, the Professional will certify on the form, by his
						signature, that the Contractor is entitled to payment in the amount certified.
						The application and certificate for payment will be delivered to the Bureau as
						an original and one (1) cop
y
. (see also Div 1 01027
						1.02.C.1.)
Mississippi Administrative Code › Title 12 - Finance and Administration › Part 3 - Bureau of Building, Grounds and Real Property Management › Chapter 2 - Rules for the Bureau of Building, Grounds and Real Property Management › Rule 12-3-2.1 - Policies and Procedures › Section 12-3-2.1-700 - CONSTRUCTION PROCEDURES › Section 12-3-2.1-700.23 - EXTENSION OF TIME NOTIFICATION

Current through June 25, 2024
The Contractor must submit with each
Application
						and Certification for Payment
, or computer generated form, a separate
						letter stating an Extension of Time for that period of Time is or is not
						needed. No payment on a monthly application will be made until the letter is
						received. Complete justification such as weather reports or other pertinent
						correspondence must be included for each day's request for extension. A
						Contractor's letter or statement will not be considered as adequate
						justification. The receipt of this request and data by the Bureau will not be
						considered as the Bureau's approval in any way. When fifteen (15) days of lost
						construction time are accumulated, a change order must be prepared and, only
						upon the Bureau's approval, will the Time Extension be given.
Mississippi Administrative Code › Title 12 - Finance and Administration › Part 3 - Bureau of Building, Grounds and Real Property Management › Chapter 2 - Rules for the Bureau of Building, Grounds and Real Property Management › Rule 12-3-2.1 - Policies and Procedures › Section 12-3-2.1-700 - CONSTRUCTION PROCEDURES › Section 12-3-2.1-700.24 - PAYMENTS ON MATERIALS STORED OFF-SITE

Current through June 25, 2024
The
Supplemental Conditions
(Article 9,
						Paragraph 9.3.2.1) provides for payment on materials stored at some location
						other than the building site, if agreed upon in writing. The Bureau normally
						requires several items to be furnished prior to approving payment on materials
						stored off-site. They are as follows:
1. An acceptable
Lease
					 Agreement
between the General Contractor and the Owner of the land, or
					 building where the materials are stored covering the specific area where the
					 materials are stored. [See
Appendix 700
.]
2.
Consent of Surety
or
					 other acceptable bond to cover the materials stored off-site.
3. All perils insurance coverage for the full
					 value of the materials stored off-site.
4. A Bill of Sale from the manufacturer to
					 the general Contractor for the store materials.
5. A warehouse receipt which is a complete
					 list and inventory of materials manufactured, stored and delivered to the
					 storage site. A receipt for materials removed from the storage site and
					 delivered to the job site.
6. A
					 review by the Professional of the materials at the off-site storage before
					 release of payment.
7. Guarantee
					 no storage costs, or additional delivery fees, or other subsequent costs to the
					 Owner.
Mississippi Administrative Code › Title 12 - Finance and Administration › Part 3 - Bureau of Building, Grounds and Real Property Management › Chapter 2 - Rules for the Bureau of Building, Grounds and Real Property Management › Rule 12-3-2.1 - Policies and Procedures › Section 12-3-2.1-700 - CONSTRUCTION PROCEDURES › Section 12-3-2.1-700.25 - PROFESSIONAL'S REQUESTS FOR PAYMENT

Current through June 25, 2024
(modified Dec 2013 SoS; Jan 2015 4 copies to original
						& 1 copy)
The Professional's requests for payment for fees earned
						during the Planning Phase will be in accordance with stipulations in the
Standard Agreement Between the Owner and the Professional
.
						During the Construction Phase, however, progress payments will be submitted
						periodically and will be based on the current percentage requested by the
						Contractor. All requests will be submitted as an original and one copy of the
						Bureau's
Professional's Application for Payment Form
. [See
Appendix 700
.]
If the
Standard Agreement Between the Owner and
						the Professional
requires the Professional to provide one (1) complete
						set of updated As-Built Construction Documents, the Professional may not
						receive final payment until the updated As-Built Construction Documents /
						reproducibles, or equivalent in .pdf format, have been received by the Bureau.
						(Dec 2013 SoS) (see 600.57 and 700.40)
Mississippi Administrative Code › Title 12 - Finance and Administration › Part 3 - Bureau of Building, Grounds and Real Property Management › Chapter 2 - Rules for the Bureau of Building, Grounds and Real Property Management › Rule 12-3-2.1 - Policies and Procedures › Section 12-3-2.1-700 - CONSTRUCTION PROCEDURES › Section 12-3-2.1-700.26 - PROGRESS PAYMENTS

Current through June 25, 2024
(Code revised 60 days to 45 days July 1, 2006)
The Bureau has by statute forty-five (45) days to process
						payments; however, Bureau Staff attempt to process progress payments to
						Contractors and Professionals in a minimum of fifteen (15) working days from
						the date of receipt and approval by the Bureau until the issuance of a check.
						[
Mississippi Code, 1972 Annotated
, Section
						31-5-25]
Mississippi Administrative Code › Title 12 - Finance and Administration › Part 3 - Bureau of Building, Grounds and Real Property Management › Chapter 2 - Rules for the Bureau of Building, Grounds and Real Property Management › Rule 12-3-2.1 - Policies and Procedures › Section 12-3-2.1-700 - CONSTRUCTION PROCEDURES › Section 12-3-2.1-700.27 - LUMP SUM PAYMENTS

Current through June 25, 2024
On small repair and renovation projects where the dollar
						volume is not sufficient to require periodic requests for payment, the
						Contractor will submit only one (1) request for payment at the completion and
						upon acceptance of the Work. Such single payment will be noted in the Bid
						Documents.
Mississippi Administrative Code › Title 12 - Finance and Administration › Part 3 - Bureau of Building, Grounds and Real Property Management › Chapter 2 - Rules for the Bureau of Building, Grounds and Real Property Management › Rule 12-3-2.1 - Policies and Procedures › Section 12-3-2.1-700 - CONSTRUCTION PROCEDURES › Section 12-3-2.1-700.28 - RETAINAGE

Current through June 25, 2024
(Supplementary Condition 9.3.1.3) (modified Dec 2013 SoS
						per 2/18/10 Addendum 1 per Code)
Mississippi Code §
											31-5-33.
						Amount of retainage which may be withheld;
(1)
In any contract for the
					 construction, repair, alteration or demolition of any building, structure or
					 facility awarded by the State of Mississippi, . . . which contract provides for
					 progress payments in installments based upon . . . percentage of . . . such
					 retainage shall be
five percent (5%)
. . .
On any contract . . . of which the total amount
						is
Two Hundred Fifty Thousand Dollars ($250,000.00)
or greater, or
on any contract with a subcontractor, regardless of amount, five percent
						(5%)
shall be retained until the work is at least fifty percent (50%)
						complete, on schedule and satisfactory in the architect's and/or engineer's
						opinion, at which time fifty percent (50%) of the retainage held to date shall
						be returned . . . for distribution to the appropriate subcontractors and
						suppliers. Provided, however, that future retainage shall be withheld at the
						rate of
two and one-half percent (2 ½%).
When
						submitting request for reduction in retainage, the Contractor will include,
						with the application, a Consent of Surety to Reduction which is AIA Form G707A,
						and a Power of Attorney.