33 MAC Pt. 2, R. 3.7.7
Construction Phase Submittals, Approvals, and Actions
Cite as 33 Miss. Admin. Code Pt. 2, R. 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.