Section 131-3-001 - Wastewater Treatment Works, Nonpoint Source Control System, and Public Water System Land Acquisition and Source Water Protection Projects will satisfy the following001.01 Procurement Standards for Engineering Services and Construction Contracts. Loan applicants will use their own procurement procedures which reflect applicable federal, state, and local laws and regulations. 001.01A For engineering services to be eligible, the loan applicant will submit to the Department the appropriate professional services agreement for planning, design, and/or construction administration services. The Department will review the agreement(s) for eligibility.001.01B The Department will review costs and will provide assistance for engineering costs which are considered reasonable and acceptable. Costs that appear excessive or unjustified may be limited for loan participation. The Department may provide an allowance for planning and/or design costs. The Department may use 40 CFR Part 35 Appendix B dated February 17, 1984 as a tool to determine the allowance for engineering services. 001.01C For construction contracts the loan recipient will follow the procedures under Chapter 3, 002.03A.001.02 Public Participation. Loan applicants will conduct a minimum of the following: 001.02A. A public meeting when facility planning alternatives have been developed, but before an alternative has been selected, to discuss all alternatives under consideration and the reasons for rejection of others. Public notice must occur not less than 30 days prior to the public meeting. 001.02B. public hearing prior to formal adoption of a facility plan to discuss the proposed facility plan, financial aspects of the project, proposed annual residential and industrial user charges, and any needed mitigation measures. Public notice must occur at least 45 days prior to the date of the hearing.001.03 Environmental Review. Loan applicants will conduct environmental review of projects using the following procedures. 001.03A. 40 CFR Part 6 - Procedures for Implementing the National Environmental Policy Act and Assessing the Environmental Effects Abroad of EPA Actions, as amended, is hereby adopted and incorporated herein.001.04 Construction Contracts. Construction contracts are to include: 001.04A Requirements for the contractor of the construction project to post separate performance and payment bonds or other security approved by the Department in the amount of the bid: 001.04B A complete statement of work to be performed, including design drawings, specifications, and the required performance schedule: 001.04C The terms and conditions of the subagreement to be awarded: 001.04D A clear explanation of the loan recipient's method of bidding and evaluating bid prices, and its method for awarding the subagreement: 001.04E Any applicable wage determination requirements: 001.04F The deadline and place to submit bids: 001.04G Requirement for bid bond for 5% of the contractor's bid.001.05 Contract Award and Construction Activities. 001.05A Construction Contract Procurement and Bid Document Review and Approval. Loan recipients will use their own procurement procedures which reflect applicable federal, state, and local laws and regulations.001.05A1 The Department will review the bidding documents and authorize award of the construction contract.001.05A2 In case of a single bid, the loan recipient may return the bid to the bidder unopened, promptly notify the Department, and re-advertise the project.001.05B Monitoring Construction. The loan recipient is to provide and maintain competent and adequate engineering supervision and resident inspection during construction. 001.05B1 Department Inspections. Department officials will monitor and inspect project construction. Department officials may also attend construction progress meetings. The purpose of these inspections will be to ensure that construction is progressing on schedule in accordance with approved plans/specifications and to determine compliance with terms of the loan. The loan recipient is required to correct all the deficiencies which are brought to their attention as a result of Department inspection. When the project is considered substantially complete and is operating as intended, the Department will perform a final inspection. 001.05B2 Initiation of operation. The loan recipient is to notify the Department in writing of the date of initiation of operation.001.05C Change Orders. Change orders are to be in the form of a written document, issued by the loan recipient to a contractor, which alters the price, time of completion, or any other requirement(s') of the original contract documents. 001.05C1 The loan recipient is responsible for the adequate and prompt management of change orders.001.05C2 Change orders will be submitted to the Department with documentation to support the cost and scope of work defined in the change order for review and approval by the Department.001.05C3 The loan recipient may request additional funds for approved change orders if the additional work results in costs which will exceed the funds allocated to the project under the original contract.001.05C4 Additional funds may be made available to the loan recipient if the change order costs are considered eligible and allowable subject to availability of funds.001.05D Operation and Maintenance Manual. The operation and maintenance manual provides the information and guidance for the day-to-day effective and efficient operation and maintenance of the project. The loan recipient is to submit a draft of the manual as well as a final operation and maintenance manual to the Department.001.05E Force Account. Project work which will be performed by the employees of the loan recipient may be categorized as force account. All significant elements of work are to be performed through the competitive bidding process.001.05E1 The loan recipient may elect to complete certain project work by force account. In order to undertake this responsibility, the loan recipient will: 001.05E1.a Seek prior approval from the Department:001.05E1.b Document that this work will be performed in an efficient and cost-effective manner: and001.05E1.c Ensure that specific details of the force account effort are included in the loan as part of the project scope. 001.05E2 The loan recipient will receive loan disbursements for force account work upon receipt of documentation which verifies the costs incurred. Only direct labor and material cost is eligible for loan participation under this provision.001.05F Small Purchases. The loan recipient may use small purchase provisions in accordance with applicable federal, state, and local laws and regulations, with prior approval of the Department. Payment for this work will require the submittal of documentation such as invoices and receipts.131 Neb. Admin. Code, ch. 3, § 001
Amended effective 11/8/2016.Amended effective 7/21/2019