Rule 33-2-3.5.2 - Plans, Specifications and Contract Documents3.5.2.1 General Requirements. 1. Plans, specifications, and contract documents must be prepared for all appropriate elements of the project. These documents must conform to Department requirements, to Appendices A, C, D, E, F, H, I, J, K, L, M, N, and O of these regulations, and to the requirements of the most recent version of the Departmental document "Recommended Minimum Design Criteria For Community Water Supplies," and "Guidance for the Design of DWSIRLF Funded Drinking Water Facilities," or their successor(s). Other recognized engineering publications may be used for unit processes or technologies not described therein.2. Plans, specifications, and contract documents must also conform to such contract language, conditions, and forms as may be required by the Department. The plans, specifications, and contract documents must bear the seal of the registered engineer responsible for preparation of these documents.3.5.2.2 Contents. In addition to the above, the plans, specifications, and contract documents must 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. A contractor's assurance which must warrant compliance by the contractor with all applicable federal laws and regulations and all laws of the State of Mississippi and all regulations and published policies of the Board.4. Provisions providing for the applicant to retain a certain percentage of the progress payments otherwise due to the contractor, in accordance with state law.5. Provisions requiring the contractor to obtain and maintain the appropriate insurance coverage.6. Provisions giving authorized representatives of the Department access to all such construction activities, books, records, documents and other evidence of the contractor for the purpose of inspection, audit and copying during normal business and/or working hours.7. Provisions for compliance with the Disadvantaged Business Enterprise (DBE) MBE/WBE requirements as described in Appendix E of these regulations.8. Provisions for change orders.9. Those conditions, specifications, and other provisions set forth or required by the Department.10. Provisions for liquidated damages. 11. Provisions including water meters on new distribution systems.12. When so required by federal law or regulation, provisions mandating the purchase of American-made equipment and products.3.5.2.3 Submittal of Plans, Specifications, Contract Documents and Related Items. By the dates specified in the loan agreement, the recipient must submit the following items to the Department:
1. Complete plans, specifications and contract documents.2. A copy of the issued National Pollutant Discharge Elimination System (NPDES) permit or the state operating permit, if required.3. A copy of the issued solid waste disposal permit, if required.4. Written waivers from all adjoining property owners when it is not possible to provide required buffer zones, if the project includes drinking water sludge treatment facilities, in accordance with Appendix N.5. For all loan eligible real property, completion of the appropriate requirements of The Uniform Act as implemented by federal regulation 49 CFR Part 24.101(a)(1) and (2) as applicable, an appraisal (as set forth in the Board's land acquisition guidance documents), and a written request to the Department for approval of the purchase price of all loan eligible real property. Prior to advertisement for construction bids, the loan recipient must secure approval of the purchase price by the Department, must complete purchase of all loan eligible real property and easements, and must submit clear title certificates from the loan recipient and title counsel for all such loan eligible property.3.5.2.4 Approval of Plans, Specifications and Contract Documents. The Department will approve the plans, specifications, and contract documents upon determining that these documents:
1. Appear to conform to the requirements of these regulations,2. Appear to be approvable pursuant to a technical review by the Department, and3. Appear to be consistent with the approved facilities planning documents and environmental determinations required by these regulations.33 Miss. Code. R. 2-3.5.2
Miss. Code Ann. § 41-3-16(3)(b)