31 Tex. Admin. Code § 375.82 - Contract Documents: Review and Approval

(a) Contract documents include the documents that form the construction contracts and the documents that form the contracts for alternative methods of project delivery, which may include the construction phase or other phases of the project.

(b) Unless otherwise specified by the executive administrator, an Applicant must submit at least one electronic copy of proposed contract documents, including the engineering plans and specifications, which must be as detailed as would be required for submission to contractors bidding on the work. The Applicant must provide the executive administrator with all contract documents proposed for bid advertising. The executive administrator will review contract documents:

(1) to ensure consistency with the approved engineering feasibility report and with approved environmental planning documents;

(2) to ensure the proposed construction drawings and specifications provide adequate information so that a contractor can bid and construct the project without additional details or directions;

(3) to ensure compliance with Commission rules at 30 TAC Chapter 217 (relating to Design Criteria for Domestic Wastewater Systems) and other applicable state and federal laws and rules;

(4) to ensure the contract documents notify the contractor about the Board's authority to audit project files and inspect during construction; and

(5) to ensure compliance with other requirements as provided in guidance forms and documents, including any additional documentation required by EPA for equivalency projects.

(c) An applicant with a commitment of financial assistance from the Board may qualify for a risk-based review pursuant to Texas Water Code, § 17.276.

(1) The EA may perform a risk-based review when:

(A) the applicant's internal risk score rating is 2B or higher; and

(B) the design scope is limited to in-situ replacement or rehabilitation of existing facilities, or new gravity sewer lines and manholes, and project work is not located within the Edwards Aquifer recharge zone; or the applicant has approval authority granted by TCEQ for collection systems pursuant to 30 TAC § 217.8.

(2) Designs qualifying for a risk-based review require the following:

(A) contract documents submitted for review and approval in accordance with this section; and

(B) certification from the applicant's design engineer verifying the plans and specifications comply with 30 TAC Chapter 217 requirements and include no variances, or the entity has approval authority granted by the TCEQ for collection systems.

(3) The EA may outline additional criteria in TWDB's guidance documents.

(d) Other approvals. The Applicant shall obtain the approval of the plans and specifications from any other local, state, and federal agencies having jurisdiction over the project. The executive administrator's approval is not an assumption of the Applicants' liability or responsibility to conform to all requirements of applicable laws relating to design, construction, operation, or performance of the project.

Notes

31 Tex. Admin. Code § 375.82

The provisions of this §375.82 adopted to be effective September 8, 2010, 35 TexReg 8126; amended to be effective July 30, 2012, 37 TexReg 5615; Amended by Texas Register, Volume 41, Number 27, July 1, 2016, TexReg 4859, eff. 7/4/2016; Amended by Texas Register, Volume 45, Number 23, June 5, 2020, TexReg 3872, eff. 6/10/2020; Amended by Texas Register, Volume 49, Number 47, November 22, 2024, TexReg 9566, eff. 11/26/2024