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RULE §7.12Construction and Maintenance Contracts

(a) The department shall comply with the policies and procedures prescribed in Chapter 9, Subchapter B of this title (relating to Highway Improvement Contracts) in the qualification of bidders, issuance of proposals and receipt of bids, and award and execution of a contract for the construction or maintenance of a rail facility.

(b) The name and address of the individual to whom bids shall be submitted will be provided when a project is advertised. That individual will be responsible for opening and reading bids in accordance with the policies and procedures in §9.15 of this title (relating to Acceptance, Rejection, and Reading of Bids).

(c) Bidder responsibility requirements shall be provided by the department with the proposal form issued for a project.

(d) A construction or maintenance contract may provide for partial payments and retainage in the amounts provided in the contract.

(e) Architectural, engineering, or surveying services that are needed for the construction or maintenance of a rail facility shall be acquired in accordance with the requirements of Government Code, Chapter 2254, and Chapter 9, Subchapter C of this title (relating to Contracting for Architectural, Engineering, and Surveying Services), except that the administrative qualification requirements of §9.42 of this title (relating to Administrative Qualification) shall not apply if the department does not have a precertification category for the work to be performed.

Source Note: The provisions of this §7.12 adopted to be effective January 5, 2006, 30 TexReg 8991; amended to be effective April 1, 2011, 36 TexReg 1690

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