Mississippi Administrative Code › Title 33 - Public Health - Local Governments And Rural Water Systems Improvements Board › Part 1 - Drinking Water Systems Emergency Loan Fund Program Regulations › Chapter 3 - Project Requirements › Subchapter 3 - Construction/Repair Phase › Rule 33-1-3.3.9 - Construction Phase Submittals, Approvals, and Actions

Current through June 25, 2024
The following submittals, approvals, and actions will be
					 required during the construction phase of the project. The Department staff may
					 establish other time frames within the loan agreement when properly
					 justified.
3. 3.9.1 Within 30 days after the original loan offer all
					 local funds necessary for the project must be secured and proof of such must be
					 submitted, to the Department.
3. 3.9.2 Within 60 days after the original loan offer (1)
					 the loan recipient must execute and submit to the Department a copy of any
					 remaining unexecuted contracts for construction/repair/equipment/supplies and
					 engineering planning/design and construction phase services, or (2) if required
					 by State law, must advertise, receive bids, award, execute and submit any other
					 contracts for construction/repairs/equipment included in the project, and must
					 issue any remaining notices to proceed, begin remaining construction/repair
					 work, purchase any remaining equipment/supplies funded under the loan agreement
					 and transmit a copy of all notices to proceed to the Department staff, and (3)
					 if any contracts must be bid, a completed loan agreement amendment request, as
					 required by Section III.B.(5) of this regulation must be submitted.
3. 3.9.3 By the date established in the loan agreement, the
					 loan recipient must (1) meet with the Department to discuss the findings of the
					 financial capability analysis and agree to a schedule for implementing the
					 findings of this analysis and (2) enact the approved user charge ordinance or
					 corporate resolution and submit proof of such enactment.
3. 3.9.4
1. Within
				  5 days after construction completion of each construction/repair contract, the
				  loan recipient must submit a determination of construction/repair completion
				  and must request a final construction observation by the Department
				  staff.
2. Within 10 days after the
				  current contract completion date, all change orders which include time
				  extensions, 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 approval,
				  otherwise construction and construction related work which occurs after the
				  current contract completion date will be unallowable.
3. The final construction/repair observation
				  may be delayed by no more than 30 days after the current construction
				  completion date, unless further delayed by the Department staff pursuant to
				  review of the loan recipient's request and justification for such delay. Should
				  the Department staff decide that the determination of construction/repair
				  completion and request for final construction observation are being
				  unreasonably delayed, a final construction observation may be immediately
				  performed by the Department staff.
3. 3.9.5 Within 30 days after the final construction
					 observation performed by the Department staff, the loan recipient must submit:
					 final payment requests; approvable summary change orders, if applicable, for
					 all construction/repair contracts; a complete set of record drawings for any
					 new construction work requiring design by a registered engineer and, if
					 applicable, a certification from a registered engineer that the project has
					 been constructed substantially in accordance with the approved plans,
					 specifications, and contract documents; loan recipient's resolution of
					 acceptance of each construction/repair contract; final construction phase
					 services contract amendments, if any; and all other administrative forms and
					 documents required by the loan agreement and the Department staff. Payment
					 requests submitted after this date are not allowable, regardless of when the
					 costs were incurred.
3. 3.9.6 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 staff.
3. 3.9.7 Retainage. The loan recipient must retain payments
					 to any party under contract with the loan recipient, in accordance with state
					 law, or if not specified by state law, in the amount of 10% until 50%
					 completion and 5% until final payment. Any such retained amounts may not be
					 requested by or paid to the loan recipient from DWSELF loan funds, until so
					 described above.
Miss. Code Ann.
					 §
											41-3-16(3)(b)