| (a) Applicable laws and rules. The Applicant shall
comply with State procurement laws and rules and with applicable federal
procurement rules depending on the equivalency requirements for the
financial assistance.
(b) Executive administrator approval required. The
Applicant shall not proceed to advertising for bids on the project
without express written approval of the solicitation documents by
the executive administrator. If the applicant proceeds to advertising
without approval, it may affect eligibility for funding.
(c) Changes prior to award. If the Applicant needs
to alter the plans, specifications, or contract documents after the
executive administrator's approval, then the Applicant shall:
(1) provide the information and reasons relating to
the changes if changes are required prior to bidding. The executive
administrator must affirmatively approve any changes prior to advertising.
(2) Changes that occur after advertising must be incorporated
into an addendum and provided to the executive administrator for approval
as part of the bidding process.
(d) Contract award. The text of a construction contract
or a contract containing construction phase work submitted for approval
prior to advertising shall contain the same language and provisions
as the contingently executed contract.
(e) Pre-construction conference. The Applicant shall
conduct a pre-construction conference on significant construction
contracts to address the contents of the executed contract documents
with the project owner, the project engineer, the prime contractor,
and other appropriate parties in attendance. The Applicant shall provide
the executive administrator with at least 10 days advance notice of
the date, time and location of the conference.
(f) Notice to proceed. The executive administrator
shall review the executed contract documents, including any additional
documentation required by EPA for equivalency projects, and upon acceptance
of same shall advise the Applicant that a notice to proceed may be
issued to the contractor.
(g) No liability. The executive administrator and the
Board shall have no liability for any event arising out of or in any
way related to the contracts for or construction of the project.
|
| Source Note: The provisions of this §375.83 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 |
