| (D) contract administration procedures for the construction contract with criteria that comply with the applicable national or state administration criteria and manuals; and (E) the location and description of all EPIC addressed in construction. (8) Construction inspection and oversight. (A) Unless the department agrees in writing to assume responsibility for some or all of the following items, the public or private entity is responsible for: (i) overseeing all construction operations, including the oversight and follow through with all EPIC; (ii) assessing contract revisions for potential environmental impacts; and (iii) obtaining any necessary EPIC required for contract revisions. (B) The department may inspect the construction of the project at times and in a manner it deems necessary to ensure compliance with this section. (9) Contract revisions. All revisions to any construction contract entered into under a pass-through agreement under this subchapter shall comply with the latest version of the applicable national or state administration criteria and manuals, and must be submitted to the department for its records. Any revision that affects prior environmental approvals or significantly revises project scope or the geometric design must be submitted to the department for approval prior to beginning the revised construction work. Procedures governing the department's approval, including time limits for department review, shall be included in the agreement described in §5.57(b) of this subchapter. (10) As-built plans. Within six months after final completion of the construction project, the public or private entity shall file with the department a set of the as-built plans incorporating any contract revisions. These plans shall be signed, sealed, and dated by a professional engineer licensed in Texas certifying that the project was constructed in accordance with the plans and specifications. (11) Document and information exchange. The public or private entity agrees to deliver to the department all materials used in the development of the project including aerial photography, computer files, surveying information, engineering reports, environmental documentation, general notes, specifications, contract provision requirements, and all information necessary for the department to update legacy data systems. (12) State and federal law. The public or private entity shall comply with all federal and state laws and regulations applicable to the project and the state highway system, and shall provide or obtain all applicable permits, plans, and other documentation required by a federal or state entity. (d) Contracts. All contracts for the development, construction, or operation of a project shall be awarded in compliance with applicable law. (e) Federal law. If any federal funds are used in the development or construction of a project under this subchapter, or if the department intends to fund pass-through toll payments with federal funds, the development and construction of the project shall be accomplished in compliance with all applicable federal requirements. (f) Bond financing. (1) Department review. If any public or private entity responsible for financing a portion of a project to be developed under a pass-through agreement intends to sell bonds and use pass-through toll or fare payments from the department as evidence of financial capability to repay the bonds, the entity shall provide the department an opportunity to review and comment on bond offering documents prior to sale of the bonds. (2) Pass-through agreement. The pass-through agreement must provide that: (A) the department will have at least five business days after the date on which it receives all of the bond offering documents to review those documents; and (B) the public or private entity must obtain department pre-approval of any provision in the bond offering documents that describes the pass-through agreement, the department's obligations under the agreement, the interrelationship of the department, commission, and state highway fund, and the department's obligation to provide bond investors with updated information on the status of the state highway fund. (3) Business day. For purposes of this subsection, "business day" excludes Saturday, Sunday, a federal holiday, the Friday after Thanksgiving, and December 24 and 26. |
