33 Miss. Code. R. 1-3.3.9

Current through December 10, 2024

Rule 33-1-3.3.9 - Construction Phase Submittals, Approvals, and Actions

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.

33 Miss. Code. R. 1-3.3.9

Miss. Code Ann. § 41-3-16(3)(b)