Mississippi Administrative Code › Title 33 - Public Health - Local Governments And Rural Water Systems Improvements Board › Part 2 - Drinking Water Systems Improvements Revolving Loan Fund Program Regulations › Chapter 3 - Project Requirements › Subchapter 7 - Construction › Rule 33-2-3.7.7 - 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 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.
Miss. Code Ann.
					 §
											41-3-16(3)(b)