New Mexico Administrative Code
Title 20 - ENVIRONMENTAL PROTECTION
Chapter 7 - WASTEWATER AND WATER SUPPLY FACILITIES
Part 9 - COLONIAS WASTE WATER GRANT POLICIES
Section 20.7.9.400 - PAYMENT REQUIREMENTS

(1) For satisfactory performance of all work and services required to be performed under the terms of the grant agreement, NMED shall reimburse the Grantee its actual costs incurred. The Grantee may submit requests for reimbursement as often as every month. NMED shall disburse funds to the Grantee when NMED determines, in its sole discretion, that expenditures have been properly documented, as provided for in the general requirements for allowable and unallowable costs, accounting procedures, and record keeping. Copies of all pay request vouchers shall be submitted to the NMED with request for payment. Two copies of all requests shall be submitted on the appropriate form furnished by NMED and shall be accompanied by appropriate documentation to assure that those costs are correct and within the approved scope of work and attached budget form. Requests shall include expenditures to date by category.

(2) Unless good cause exists which would justify a higher amount, the NMED shall withhold five percent of payments due and owing a contractor from the Grantee until fifty percent of the contract has been billed. Unless good cause exists, the NMED shall not withhold any additional retainage from billings after fifty percent of the contract has been billed by the Grantee and approved by the NMED.

(3) Such retainage shall be held by NMED pending its final project inspection and acceptance, which shall be performed promptly and the results of which convey to the Grantee in writing. The project will not be considered complete until the work as defined in the grant agreement and the State approved plans and specifications has been fully performed and finally and unconditionally accepted by the Grantee and NMED.

(4) Interim payments will be made as the work progresses. Said payments will be based upon requests for payment prepared and certified by the Grantee or the Grantee's engineer to include value of work performed, materials on hand, and materials in place in accordance with the contract. Interim payments for engineering, inspection, legal services, or other approved services shall be made in accordance with the approved contracts or agreements.

(5) Any portion of funds paid by NMED to the Grantee which remain unexpended after completion of the project shall revert to Colonias Wastewater Construction Grant Program.

(6) The Grantee shall furnish the NMED with an estimated disbursement schedule at the beginning of the project.

(1) The Grantee's certified request for payment prepared by the engineer and approved by the NMED.

(2) A statement by the project engineer that work has been satisfactorily completed and the contractor has fulfilled all of the obligations required under the contract documents with the Grantee, or if payment and materials performance bonds are "called," an acceptable close-out settlement to the Grantee and contractors shall be submitted to the NMED for review and approval.

(3) Final engineering statement and recap of all engineering services, legal, administrative, and other eligible and ineligible expenses and final request for disbursement.

(4) Certification by the Grantee that the labor standards contract provisions have been met.

(5) Final project inspection report prepared by the engineer.

(6) Record drawings and, if applicable, an operation and maintenance manual.

(7) Final budget showing all funding sources utilized for costs incurred for the project by designated budget categories.

(8) Written consent of the surety, if any, to final payment is prepared and submitted.

(9) For projects which receive planning grants but do not proceed to the design/construction phase, completion of the project is defined as substantial completion of the project description in the Grant agreement as determined by the NMED.

(10) The final payment to the consultant will be made after the one year performance period has ended and the granted has provided project performance certification.