(a) The Applicant shall submit an engineering feasibility
report signed and sealed by a professional engineer registered in
the State. The report, based on guidelines provided by the executive
administrator, shall provide:
(1) a description and purpose of the project;
(2) the names of the entities to be served, along with
the current and future population;
(3) the cost of the project;
(4) a description of the alternatives considered and
reasons for selection of the project proposed;
(5) sufficient information to evaluate the engineering
feasibility;
(6) maps and drawings as necessary to locate and describe
the project area;
(7) sufficient detail to document how the project will
remedy the issues and problems that were evaluated for rating on the
IUP;
(8) information showing the project is cost effective,
and for projects that implement new systems or significantly alter
current systems a detailed cost-effective analysis, including detailed
operation and maintenance costs, may be requested to document program
eligibility;
(9) a detailed project schedule with timelines for
each phase of the project and the milestones within each phase of
the project; and
(10) any other information or data necessary to evaluate
the proposed project. The Applicant must submit any additional information
requested by the executive administrator to document the project's
eligibility for funding by the program.
(b) Approval of engineering feasibility report. The
executive administrator will approve the engineering feasibility report
when:
(1) the items listed in subsection (a) of this section
have been completed, including requests for additional information
or data;
(2) the appropriate environmental findings have been
completed in accordance with this chapter and the Applicant has agreed
to incorporate into project documents, including contracts, all mitigation
measures as a result of the environmental review; and
(3) the project and alternatives to the project have
been analyzed and the proposed project is cost effective.
(c) Request for project amendment. A request for an
amendment, after the approval of the engineering feasibility report,
to a project shall be granted only if implementation of the amendment
does not affect the original purpose of the project. The implementation
of the project amendment must remedy the problems and issues identified
in the Applicant's original project information form. Significant
amendments to a project require previous approval by the executive
administrator. The Applicant shall:
(1) provide a description of and the need for amendment;
(2) submit additional engineering or environmental
information as requested by the executive administrator;
(3) provide an estimate of any increase or decrease
in total project costs resulting from the proposed amendment; and
(4) certify that the proposed amendment will not significantly
alter the purpose of the project.
(d) Alternative methods of project delivery. Design
build, construction manager at risk, and other alternative methods
of project delivery are eligible for available financial assistance,
including combinations of planning, design, and construction funding,
in accordance with programmatic requirements. The executive administrator
will provide written guidance regarding modifications of the type
of financial assistance and the review, approval, and release of funds
processes for alternative delivery projects. The Board may specify
special conditions in the commitment as appropriate to accommodate
an alternative method of project delivery.
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Source Note: The provisions of this §375.81 adopted to be effective September 8, 2010, 35 TexReg 8126; amended to be effective July 30, 2012, 37 TexReg 5615; amended to be effective July 4, 2016, 41 TexReg 4853 |