Texas Register, Volume 38, Number 24, Pages 3701-3856, June 14, 2013 Page: 3,771
3701-3856 p. ; 28 cm.View a full description of this periodical.
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(A) All plans, specifications, and estimates developed
by or for the public or private entity for a railway project shall con-
form to all construction and material specifications established in the
American Railway Engineering and Maintenance of Right of Way As-
sociation standards.
(B) The executive director may approve the use of an
alternative specification if the proposed alternative specification is de-
termined to be sufficient to ensure the quality and durability of the fin-
ished product for the intended use and the safety of the public and the
railway system.
(7) Submission and approval of final design plans and con-
tract administration procedures. When final plans are complete, the
public or private entity shall send [the following information] to the de-
partment for review, review and comment, or review and approval, as
designated by the department in the pass-through agreement, in accor-
dance with the procedures and timelines established in the pass-through
agreement [contract described in .5-5'7 ~ of this subchapter]:
(A) seven copies of the final set of plans, specifications,
and engineer's estimate (PS&E) that have been signed and sealed by the
responsible engineer;
(B) revisions to the preliminary design submission pre-
viously reviewed [approved] by the department in a format that is sum-
marized or highlighted for the department;
(C) a proposal for awarding the construction contract in
compliance with applicable state and federal requirements;
(D) contract administration procedures for the con-
struction 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 pri-
vate entity is responsible for:
(i) overseeing all construction operations, including
the oversight and follow through with all EPIC;
(ii) assessing contract revisions for potential envi-
ronmental impacts; and
(iii) obtaining any necessary EPIC required for con-
tract revisions.
(B) The department may inspect the construction of the
project at times and in a manner it deems necessary to ensure compli-
ance with this section.
(9) Contract revisions. All revisions to any construction
contract entered into under a pass-through agreement under this sub-
chapter 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 environ-
mental approvals or significantly revises project scope or the geometric
design must be submitted to the department for approval prior to be-
ginning the revised construction work. Procedures governing the de-
partment's approval, including time limits for department review, shall
be included in the agreement described in 5.57(b) of this subchapter
(relating to Final Approval).
(10) As-built plans. Within six months after final comple-
tion of the construction project, the public or private entity shall filewith the department a set of the as-built plans incorporating any con-
tract 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, com-
puter files, surveying information, engineering reports, environmen-
tal documentation, general notes, specifications, contract provision re-
quirements, 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 ap-
plicable permits, plans, and other documentation required by a federal
or state entity except for any permits, plans, or other documentation
that the department agrees to obtain.
(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 develop-
ment or construction of a project under this subchapter, or if the depart-
ment 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 re-
sponsible 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 ca-
pability 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
or the terms of a solicitation for a pass-through agreement procured
under 5.61 of this subchapter 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 de-
scribes the pass-through agreement, the department's obligations under
the pass-through 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, "busi-
ness day" excludes Saturday, Sunday, a federal holiday, the Friday after
Thanksgiving, and December 24 and 26.
5.61. Solicitation of Private Proposals.
(a) Scope. This section applies only to the procurement of a
pass-through agreement with a private entity for the design, develop-
ment, financing, construction, maintenance, or operation of a highway
project.
(b) Applicability of other provisions. The requirements of
5.53 - 5.56, 5.57(a), 5.59(c)(7)(C), (D), and (c)(9) of this subchapter
(relating to Proposal, Participation in the Program, Commission Ap-
proval to Negotiate, Proposals from Private Entities, Final Approval,PROPOSED RULES June 14, 2013 38 TexReg 3771
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Texas. Secretary of State. Texas Register, Volume 38, Number 24, Pages 3701-3856, June 14, 2013, periodical, June 14, 2013; Austin, Texas. (https://texashistory.unt.edu/ark:/67531/metapth313176/m1/70/: accessed May 7, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; crediting UNT Libraries Government Documents Department.