15 Miss. Code. R. 20-72-5.3.13

Current through December 10, 2024
Rule 15-20-72-5.3.13 - Observation During Construction
1.Resident Observation

During construction work being performed, the Grant recipient shall provide for resident observation of the project by the licensed engineer or his staff and shall require the licensed engineer's assurance that the work is being performed in a satisfactory manner in accordance with the Grant agreement and the approved plans, specifications, contract documents, and approved change orders.

2.Department Observation

The Department is authorized to observe the building of any project at any time for compliance with the terms of the Grant agreement and to determine if the Grant recipient is 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.

Also, such observation shall not release the contractor from any obligation to perform the work in accordance with the requirements of the contract documents or the licensed engineer from determining compliance with the requirements of the contract documents or the Grant recipient from insuring compliance with the terms of the Grant agreement.

3.Assurance of Work

The contractor, licensed engineer, and the Grant recipient shall furnish the Department with every reasonable opportunity and means for determining whether the Grant recipient and licensed 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 Grant recipient of daily logs, full scale record drawings, file notes, and any other documents prepared by any party in relation to the ARPA RWAI funded project.

15 Miss. Code. R. 20-72-5.3.13

House Bill 1421, 2022 Regular Session & Senate Bill 2444, 2023 Regular Session of the MS Legislature
Adopted 6/24/2022
Amended 7/28/2023