11 Miss. Code. R. 6-7.3

Current through January 14, 2025

Rule 11-6-7.3 - Project Requirements

All water pollution control projects funded by the WPCRLF must comply with the following requirements. Non-point source pollution control projects and estuary management projects must comply with these requirements to the extent described in the loan application and loan agreement, as established by the Department.

A. Facilities Planning.

(1) Preplanning Guidance and Conference. The Department will provide facilities planning guidance to the potential applicant and/or its engineer. The potential loan applicant and/or its engineer should attend a preplanning conference with the Department as early in the planning process as practical. During the conference the staff will provide information on the required facilities planning documents necessary to comply with these regulations. All facilities plans must be prepared by or under the responsible supervision of a professional engineer registered under Mississippi law.

(2) Contents of the Facilities Plan. The facilities plan must comply with the Department's guidance, including updates, Appendices A, B and J of these regulations and any other requirements of the Department pursuant to review of the facilities plan. The facilities plan must generally contain the following, as determined appropriate by the Department:

(a) A description of the existing water pollution control facilities, if any, owned by the applicant.

(b) A description of the existing and/or future water pollution problem or threat to be addressed by the proposed project.

(c) Documentation of sufficient flow monitoring and/or estimation to quantify wastewater, infiltration and inflow, applicable effluent limitations, and any other technical data necessary to provide the basis for preliminary engineering design of the project.

(d) A description of the proposed facilities, costs, location, and how the proposed facilities will address the existing and/or future water pollution problem or threat identified in the plan.

(e) A demonstration that minorities within the jurisdictional boundaries of the loan applicant will not be systematically excluded from the benefits of the proposed projects.

(f) A specific indication that each applicable intergovernmental review agency has been contacted regarding the proposed project, any adverse comments from the applicable intergovernmental review agencies, and an indication of all necessary permit applications and environmental survey clearances that will be required for the project. Intergovernmental review agencies are as follows:

(1) Mississippi Department of Archives and History (for archaeological/cultural resources review under the State Antiquities Law)

(2) Mississippi Department of Wildlife, Fisheries, and Parks-Natural Heritage Program (for vegetative/wildlife review under the Nongame and Endangered Species Conservation Act)

(3) U.S. Army Corps of Engineers, Regulatory Functions Branch (for Section 404 {wetlands}, Section 10 {navigable waterways}, and floodplain impact review)

(4) Mississippi Department of Marine Resources (Jackson, Harrison, and Hancock County Projects only; for Mississippi Coastal Program and applicable Mississippi law review)

(5) U.S. Forest Service (projects located in a federally designated Wild and Scenic River Basin only, for federal Wild and Scenic Rivers Act compliance)

(g) For projects defined under Section 212 of the Act, a comparative evaluation of the no-action alternative and the proposed alternative, which accounts for beneficial and adverse consequences that each alternative would have on existing and future environmental resources, as required by Appendix B.

(h) A financial capability summary using planning level cost estimates.

(i) For projects defined under Section 212 of the Act, (1) proof of publication of the notice to the public of the proposed project and for the opportunity to comment on alternatives and to examine environmental review documents, including the facilities plan and any comments, permits, or clearances from the intergovernmental review agencies, (2) a copy of any comments received from the public, and (3) a description of how all comments were addressed.

(j) For projects defined under Section 212 of the Act and determined by the Department to be controversial, (1) proof of publication of the public hearing notice published in a local newspaper of general circulation providing at least a 30 day advance notice of a public hearing to be held by the loan applicant, (2) a copy of the transcript of the public hearing and (3) a description of how all comments were addressed.

(k) Calculations showing the necessary user charges for the project using planning level cost estimates.

(3) State Environmental Review Process. For projects defined under Section 212 of the Act, prior to approval of the facilities plan, the Department will complete the appropriate portions of the state environmental review process described in Appendix B of these regulations, based upon information provided in the facilities plan.

(4) Approval of Facilities Plan. The Department will approve the facilities plan after completing any applicable state environmental review process and after determining that all facilities planning requirements appear to be met.

B. Application for WPCRLF Loan.

(1) Preapplication Guidance and Conference. The Department will provide a loan application package to the potential loan applicant and/or its engineer. The potential loan applicant and/or its engineer may request a pre-application conference with the Department as early in the application process as practical.

(2) Contents of an Application Package. Forms provided by the Department must be used and may not be altered. The WPCRLF loan application may include assistance only for costs that are allowable in accordance with Appendix A of these regulations and may include a contingency, as determined by the Department, in the project budget. The application package must conform to these regulations, and must include the following:

(a) A WPCRLF loan application form with original signature. Sources of all funds other than WPCRLF must be identified. Prior to loan award, the Department must receive an assurance from all other funding sources that other funds necessary to construct an operable project are or will be available on a schedule compatible with that required in the loan agreement.

(b) A proposed user charge system and ordinance.

(c) All proposed or executed contracts for construction phase engineering services.

(d) All other proposed or executed contracts (administration, legal, facilities planning, design, and any other services), if WPCRLF participation is requested.

(e) An allowable cost certification for each executed contract submitted for WPCRLF participation, wherein the loan applicant and professional certify that all costs associated with professional services are WPCRLF eligible and reasonable.

(f) A procurement certification, wherein the loan applicant and counsel certify that the loan applicant will adhere to state purchasing laws, as they apply to local governments.

(g) A revised financial capability summary using the most recent cost estimates, if significantly greater than that shown in the facilities plan.

(h) Copies of issued permits or clearance letters from all required intergovernmental review agencies.

(i) A legal certification, wherein the loan applicant and legal counsel certify that the loan applicant is an eligible applicant in accordance with Appendix M of these regulations.

(j) A resolution by the loan applicant's governing body which 1) authorizes the submission of the application and 2) designates an authorized office or representative to make application for assistance, to execute the loan agreement and any amendments and to sign documents, on behalf of the applicant, required to undertake and complete the project.

(k) A copy of all existing or proposed interlocal agreements related to the project, if applicable. Such agreements must be executed by all appropriate parties and must be approved by the Department prior to loan offer.

(l) An executed Pre-Award Compliance Review Report (EPA Form 4700-4),

(m) All waste disposal permit applications.

(n) All other permits, forms, documents, and supporting information that may be required by the Department.

C. Offer of a WPCRLF Loan.

(1) Upon determination by the Department that (a) all applicable requirements of the WPCRLF loan application have been met, (b) the facilities plan has been approved, (c) the project is on the current year priority list and (d) funds are available for the amount of the WPCRLF loan application, the Executive Director will execute and transmit a WPCRLF loan offer to the loan recipient. The loan agreement will include a project schedule consistent with time frames established in these regulations; however, the Department may vary these time frames and/or establish additional ones.

(2) Upon receipt of the WPCRLF loan offer, the loan recipient must execute and return it within the time frame established in the WPCRLF loan offer. The loan offer becomes void if not executed and returned within the time frame specified, unless extended by the Executive Director.

D. Design.

(1) Predesign Guidance and Conference. The Department will provide design guidance to the loan applicant/recipient and/or its engineer, who may request a predesign conference with the Department.

(2) Plans, Specifications, Contract Documents, and Related Submittals.

(a) General Requirements. By the dates specified in the loan agreement, the loan recipient must submit to the Department complete plans, specifications, contract documents, and the applicable related submittals listed below for each contract. The engineer must prepare plans, specifications, and contract documents on all appropriate elements of the project. These documents must conform to Department requirements, to Appendices A, B, C, D, E, I, J and L of these regulations, and to the requirements of Departmental design guidance.

(b) Contents In addition to the above, the plans, specifications, and contract documents must minimally contain the following:

(1) Provisions assuring compliance with these regulations and all relevant federal and state laws.

(2) Forms by which the bid bond, performance bond and payment bonds will be provided.

(3) Provisions for the recipient to retain a certain percentage of the progress payments otherwise due to the contractor, in accordance with state law.

(4) Provisions requiring the contractor to obtain and maintain the appropriate insurance coverage.

(5) Provisions giving authorized representatives of the loan recipient access to all construction activities, books, records, and documents of the contractor for the purpose of observation, audit and copying during normal business and/or working hours.

(6) Provisions for compliance with any applicable Minority Business Enterprise/Women Business Enterprise (MBE/WBE) requirements as described in Appendix D of these regulations.

(7) Provisions for change orders.

(8) Provisions for liquidated damages.

(9) Those conditions, specifications, and other provisions set forth or required by the Department.

(c) Related Submittals

(1) A copy of the issued NPDES permit or the state operating permit, if required.

(2) A copy of the issued solid waste disposal permit, if required.

(3) A copy of the Permit Board's variance, when it is not possible to provide buffer zones, if project includes wastewater or sludge treatment processes.

(4) For all loan ineligible real property necessary for the project, limited site certificates from both the loan recipient and the title counsel ich indicate that all such real property has been secured by at least one of the following actions:

(i) Clear title or an easement or lease for the expected life of the project.

(ii) Execution by both parties of a bona fide option to purchase or lease for the expected life of the project.

(iii) Initiation of condemnation by filing such action in court.

(5) For all loan eligible real property necessary for the project, limited site certificates from both the loan recipient and the title counsel which indicate that all such real property has been secured by at least one of the following actions:

(i) Execution by both parties of a bona fide option to purchase the property or an easement

(ii) Initiation of condemnation by filing such action in court

Prior to execution of the option to purchase and/or filing condemnation, the loan recipient must submit an appraisal and secure Department approval of the purchase price.

(3) Approval of Plans, Specifications and Contract Documents.

By the dates established in the loan agreement, the loan recipient must secure approval of the plans, specifications and contract documents for each contract by the Department. The Department will approve the plans, specifications, and contract documents upon determining that these documents appear to:

(a) Conform to the requirements of these regulations,

(b) Be approvable pursuant to a technical review, and

(c) Be consistent with the approved facilities planning documents and environmental determinations required by these regulations.

E. Construction Contracting and Loan Amendment.

(1) For each construction contract, within the time frame established in the loan agreement and prior to advertisement for construction bids, the loan recipient must a) secure necessary local funds and submit proof of such funds, b) submit any other required permits or clearances, and c) submit clear site certificates from both the loan recipient and the title counsel which indicate that all required real property has been secured.

(2) Within the time frames established in the loan agreement, the loan recipient must advertise each construction contract for bids.

(3) Within 45 days after advertisement for construction bids on each contract, the loan recipient must receive bids on that construction contract.

(4) Within 14 days after receipt of construction bids on each contract, the loan recipient must submit the MBE/WBE and related documentation for that contract as required by Appendix D of these regulations.

(5) Within 21 days after receipt of construction bids on each contract, the loan recipient must submit the bid package for that contract.

(6) Within 21 days after receipt of construction bids on the last contract, the loan recipient must submit all necessary executed professional services contracts and amendments and a loan agreement amendment request (consistent with as-bid construction costs, actual professional services contract amounts, and a contingency as determined by the Department).

(7) After approval of the completed MBE/WBE documentation and bid package for each construction contract other than the last, the loan recipient may execute that contract.

(8) Upon receipt of the MBE/WBE documentation and bid package for the last construction contract, all necessary executed professional services contracts and amendments, and any loan agreement amendment request, the Department will review these documents, determine whether any request for an increased loan amount is justified and allowable, and determine whether funds are available. After approval of the MBE/WBE documentation and bid package for the last construction contract, the loan recipient may execute that contract.

(9) Within 60 days after receipt of bids for each construction contract, the loan recipient must execute the contract documents, must submit a copy of the executed contract documents, and must issue and submit a copy of the notice to proceed for that contract. The plans, specifications, and executed contract documents must not vary from those approved as loan eligible by the Department. The loan recipient may arrange and hold a preconstruction conference and must allow attendance and participation by the Department if such a conference is held.

(10) After approval of any loan agreement amendment request, the Department will prepare and transmit an amended WPCRLF loan offer to the loan recipient. Upon receipt of an amended WPCRLF loan offer, the loan recipient must execute and return it to the Department within the timeframe established in the offer letter. Any increased project costs in excess of those approved based upon as-bid construction amounts and a contingency (as established by the Department) must be paid from sources other than WPCRLF loan funds.

F. Construction.

(1) Enacted User Charge System and Ordinance.

By the date established by the Department in the loan agreement (based upon 90% of construction contract time) the loan recipient must enact the approved user charge system and ordinance and submit proof of enactment.

(2) Observation During Construction.

The loan recipient must provide for adequate observation of all parts of the project by the engineer or his staff and must require the engineer's assurance that the work is being performed in a satisfactory manner in accordance with the WPCRLF loan agreement and the approved plans, specifications, contract documents and approved change orders.

The Department is authorized to observe the construction of any project at any time for compliance with the terms of the loan agreement and to determine if the loan recipient and engineer appear to be assuring that plans, specifications and contract documents are being followed. Such observation will not subject the Department to any legal action for claims, damages or any other liability. Such observation will not release the contractor from any obligation to perform the work in accordance with the requirements of the contract documents, or the engineer from determining compliance with the requirements of the contract documents, or the loan recipient from insuring compliance with the contract and the terms of the loan agreement.

The contractor, engineer, and the loan recipient must furnish the Department with every reasonable opportunity and means for determining whether the loan recipient and engineer are assuring that the work is in accordance with the requirements of the approved plans, specifications and contract documents. The Department is authorized to observe and require submission by the loan recipient of daily logs, record drawings, file notes, and any other documents prepared in relation to the WPCRLF funded project.

(3) Construction Deficiencies.

(a) In the event that it appears to the Department that the loan recipient and engineer are not assuring that the construction work, materials, equipment or supplies are in conformity with approved plans and specifications, and contract documents, the Department may determine these items are unallowable for WPCRLF loan participation, unless the loan recipient takes action, through the engineer if applicable, in the manner provided for in the construction contract to correct any such deficiencies.

(b) The Department may withhold WPCRLF loan payments for such time that it appears that the loan recipient and engineer are not assuring that construction work, materials, equipment or supplies are in accordance with the approved plans, specifications and contract documents, and may require the loan recipient to repay any previously paid amounts related to such items within 30 days of such notification.

(4) Change Orders.

(a) General

The loan recipient may, at its discretion, execute change orders pertaining to the construction that are necessary under the circumstances, as provided in the contract documents and when in accordance with state law. Contract price, time, quantity, and specifications may only be changed by change order. Change orders must not change, vary, or alter the basic purpose or effect of the project. Change orders must be technically adequate and conform to Department design guidance and regulations. Eligible/ineligible costs must be appropriately separated.

(b) Change Order Submittals

After completion of the change order negotiation process and/or claims resolution between the loan recipient and the contracting party, an executed change order must be submitted to the Department for review and approval, in order to obtain a WPCRLF loan eligibility/allowability determination.

If any change order is submitted to the Department that is not complete and executed by the loan recipient, the contracting party, and the engineer if appropriate, the Department may return such change order without review. However, unilateral change orders executed by the loan recipient, and the engineer if appropriate, and identified as such, that are issued in accordance with the contract documents may be submitted to the Department for review and approval, in order to obtain a WPCRLF loan eligibility/allowability determination.

The loan recipient may submit a complete change order which has been executed conditional upon a WPCRLF loan eligibility/allowability determination by the Department.

If possible, approval of a change order should be secured from the Department before the work is started, particularly for change orders including time extensions. Approval may also be secured after the work is started; however, the loan recipient must bear the cost if the work is later determined to be ineligible or unallowable.

When the eligible cost of a project will be significantly reduced by a change order(s), the Department may issue an amendment to the loan agreement decreasing the loan amount, and the loan recipient must execute the amendment within the time frame established by the Department.

(c) Time Extensions

Justification for all contract time extensions need not be submitted to the Department unless the total time extensions for the contract exceed 25% of the original contract time.

(5) Contractor Bankruptcy or Default.

In the event of a contractor bankruptcy or default, any proposed agreements with the bonding company (other than the bonding company serving as general contractor or hiring another contractor acting as their agent) must be submitted for a WPCRLF loan allowability determination by the Department prior to execution. If the loan recipient determines that re-award of the construction contract or a portion thereof is necessary due to contractor bankruptcy or default, such proposed re-award contracts must be submitted for a WPCRLF loan allowability determination by the Department prior to execution. The loan recipient will be responsible for assuring that every appropriate procedure and incidental legal requirement are observed in advertising for bids or otherwise re-awarding a construction contract, if this course of action is taken.

(6) Project Completion.

(a) Within 10 days after construction completion of each construction contract, the loan recipient must notify the Department of construction completion.

(b) Within 30 days after the current construction contract completion date for each contract, all change orders which include time extensions and/or the request and justification for delay required in (c) below must be submitted to the Department for an allowability determination.

(c) The Department will perform a final construction observation within 30 days after the current construction contract completion date of the last contract, unless further delayed by the Department pursuant to review of the loan recipient's request and justification for such delay. If, for any reason, the construction completion is being unreasonably delayed, as determined by the Department, a final construction observation may be immediately performed. The final construction observation by the Department is only for the purpose of determining loan allowable costs.

(d) Within 30 days after the Department's final construction observation, the loan recipient must submit: final loan payment requests, approvable summary change orders for all construction contracts; record drawings for the entire project funded in whole or in part with WPCRLF funds; the engineer's certification of compliance with plans, specifications, and contract documents; final 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.

(e) Any other submittals or actions required by the loan agreement must be performed when required and are subject to review and approval by the Department.

G. Loan Closeout Phase.

(1) The Department or other designated parties may perform an audit of the WPCRLF loan project for the purpose of determining compliance with the WPCRLF loan agreement and to determine allowable costs, payments made to date, and any additional payments due the loan recipient or repayment due the Department. The Department will transmit to the loan recipient a copy of the audit report, if performed.

(2) Upon submittal of the items required or upon expiration of the deadline in Rule 7.3.F.(6)(d) of these regulations, the Department will determine the final allowable costs. However, if at any time the loan recipient fails to comply with any deadline or requirement of these regulations or the loan agreement, the Department may immediately issue a final determination of allowable costs.

(3) Upon determination of final allowable costs by the Department, the Department will transmit to the loan recipient the final determination of allowable costs and payments due the loan recipient or repayments due the State, and a final loan agreement between the loan recipient, the Department, and the State Tax Commission. The final determination letter will establish a 30-day appeal deadline and will require repayment of any overpayments with an interest penalty to begin accruing on the appeal deadline. The interest penalty will be as established in Rule 7.3.H.(6) of these regulations.

(4) Unless, within 30 days after the date of the above final determination, the loan recipient submits a written appeal of the final determination, including a written justification of the reason for the appeal, and supporting documentation for any disputed costs of the final determination, the final determination of allowable costs will become the final allowable costs for purposes of WPCRLF loan payments and the loan agreement, and the loan recipient must execute and submit the final loan agreement within the timeframe established by the Department.

(5) Should an appeal be submitted in accordance with (4) above, the disputes procedures established in Appendix F of these regulations will be followed in order to resolve the dispute and establish the final allowable costs. Upon resolution of a dispute of the final determination, the Department will transmit to the loan recipient a revised final loan agreement. The loan recipient must execute and submit to the Department the final loan agreement within the deadline established by the Department.

(6) Upon receipt of an executed final loan agreement from the loan recipient, the Department will transmit the final loan agreement to the State Tax Commission for execution and return to the Department.

(7) Upon receipt of the executed final loan agreement from the State Tax Commission, the Department will transmit a copy to the loan recipient, and repayment of the WPCRLF loan will commence under the terms of the executed final loan agreement.

(8) If the project fails to perform properly at any time within the first year after the final construction observation performed by the Department, the loan recipient must immediately notify the Department of the reasons for lack of performance, submit an approvable schedule of corrective actions, and implement the corrective actions in accordance with the approved schedule.

H. Payments to WPCRLF Loan Recipients. Payments from the WPCRLF may be made under the following conditions:

(1) Payments may only be requested by and made to loan recipients, in accordance with the WPCRLF loan agreement and the loan recipient's executed and approved contracts for eligible and allowable services and construction, for work performed within the project scope and budget period.

(2) Payments may be requested no more often than on a monthly basis, except as allowed by the Department.

(3) The loan recipient must deduct from all WPCRLF payment requests the amount of funds provided or to be provided from all other state and federal agency funding sources for allowable WPCRLF project costs.

(4) Payment requests must be submitted by the loan recipient to the Department and must include the following:

(a) WPCRLF payment request form.

(b) Cumulative invoices, in accordance with the contracts for such work, for all costs for which payment is requested.

(c) Any other documents required by the loan agreement.

(5) The timing of WPCRLF payments to the loan recipient will be as follows, provided the loan recipient is in compliance with the requirements of these regulations and provisions of the WPCRLF loan agreement:

(a) Upon execution of the loan agreement, facilities planning and application costs may be requested and paid. No further payments may be requested and paid except as allowed below.

(b) Payments for eligible land may be requested and paid immediately after loan agreement execution if the Department has approved the purchase price and the loan recipient has submitted a bona fide option to purchase or clear site certificates.

(c) For each independent construction contract, upon completion of the requirements of Rule 7.3.D.(2) and (3) and E.(1) of these regulations, design and land acquisition costs related to that independent construction contract may be requested and paid.

Where any construction contract is dependent upon another to function, the requirements of Rule 7.3.D.(2) and (3) and E.(1) of these regulations must be met for all such construction contracts in order for the related design and land acquisition costs for the dependent contract to be requested and paid. No further payments may be requested and paid except as allowed below.

(d) For each independent construction contract, upon receipt by the Department of the executed contract documents and the notice to proceed, professional services costs related to that independent construction contract may be requested and paid.

Where any construction contract is dependent upon another to function, all such executed construction contract documents and notice(s) to proceed must be submitted in order for the related professional services costs for the dependent contract to be requested and paid.

(e) For each independent contract, upon receipt of the executed construction contract documents and notice to proceed for each construction contract, payments for allowable construction work may be requested and paid based upon in-place work or materials and equipment delivered to the construction location and as supported by invoices and verified as accurate by the engineer and loan recipient, less any retainage.

For any construction contract that is dependent upon another to function, upon receipt of all such executed construction contract documents and notice(s) to proceed, payments for allowable construction work may be requested and paid based upon in-place work or materials and equipment delivered to the construction location and as supported by invoices and verified as accurate by the engineer and loan recipient, less any retainage.

(f) No more than 95% of all construction phase professional services will be paid prior to completion of the requirements of Section III.F.(6) of these regulations, and until the Department has determined the final allowable project costs. The remaining amount may only be paid with the final payment.

(g) The final payment may be paid after the Department has determined the final allowable costs. Additional amounts from prior payments may be withheld by the Department until the final payment, if the Department determines that the final payment amount would otherwise be insufficient for loan closeout purposes.

(h) The Department may establish conditions in the loan agreement that vary from the above, including delaying payments, when determined prudent.

(6) Any payments made to the loan recipient which are at any time determined by the Department to be for costs not in accordance with the WPCRLF loan agreement, for ineligible or unallowable costs, or for costs apparently related to waste, fraud, abuse or illegal acts under state or federal law, must be repaid to the WPCRLF fund within 30 days of such notification by the Department. Interest may be charged on such delinquent repayments after expiration of the 30-day period at a rate of ten (10) percent per annum, compounded monthly. Alternatively, the Department may withhold such amounts including interest from subsequent payment requests.

I. WPCRLF Loan Repayment Requirements. All WPCRLF loan repayments are subject to the following requirements:

(1) Interest on amounts paid to the loan recipient shall commence on the last construction contract completion date as established in the initial loan agreement for the project, or one year after the date in the initial loan agreement for issuance of the notice to proceed for the earliest construction contract, whichever occurs first.

(2) The amount of interest accrued between the date established in (1) above and the initiation of the repayment process will be added to the final allowable project costs to determine the principal amount to be repaid by the loan recipient.

(3) Repayments shall commence when determined by the Department, as established in the final loan agreement, and shall continue for the period established in the final loan agreement, in accordance with Rule 7.2 E.(1)(a) of these regulations. Repayments are to be made by counties on a semi-annual basis through homestead exemption annual tax loss reimbursement with holdings if adequate to provide such repayments, by municipalities on a monthly basis through state sales tax with holdings if adequate to provide such repayments and by all other loan recipients through submission of monthly repayments, in accordance with state law.

(4) The repayment interest rate and the frequency of interest compounding will be as established in the IUP under which the project is funded.

J. Administrative Fee.

An administrative fee in the amount of five percent (5%) of the final loan principal amount will be collected from the loan repayment amounts to defray the costs of administering the WPCRLF program. Beginning with the initiation of the repayment process and until such time that the total administrative fee is collected, the interest portion of each repayment will not be charged, and, in lieu of the interest portion, an equal amount of the repayment will be collected as the administrative fee.

11 Miss. Code. R. 6-7.3

Miss. Code §§ 49-17-81 through 49-17-89, 49-2-1, et seq. and 49-17-1, et seq.