Code of Maine Rules
94 - INDEPENDENT AGENCIES
376 - Maine Municipal Bond Bank
Chapter 595 - STATE REVOLVING FUND
Section 376-595-D - Engineering Design
Universal Citation: 94 ME Code Rules ยง 376-595-D
Current through 2024-13, March 27, 2024
1. Value Engineering
Applicability. If the estimated cost of building the Project is more than $10 million, the applicant may conduct value engineering, during the design of the Project, and prepare a value engineering report. One copy of any value engineering report must be submitted to the Department for review and approval.
2. Plans and Specifications
(a) Submittals. The
Eligible Applicant shall submit copies of any proposed or existing contracts
for consultant services necessary for planning, design and construction of the
proposed Project and included as part of the total cost of the Project for the
Department's approval. The Eligible Applicant shall prepare a 10% preliminary
design report and Plans and Specifications on all significant elements of the
Project, if applicable. The Plans and Specifications may incorporate the
accepted recommendations of any value engineering performed in accordance with
subsection D(1) of this rule (relating to value engineering). One copy of the
documents must be submitted to the Department.
(b) Contents. The Plans and Specifications
must contain the following:
(i) Provisions
assuring compliance with the Department's rules and all relevant federal and
State of Maine statutes;
(ii) Forms
detailing the performance and payment bonds that will be provided;
(iii) Provisions requiring the successful
contractor and subcontractors to pay all laborers and mechanics employed on the
Project not less than the prevailing State minimum wage rates;
(iv) Provisions requiring the successful
contractor and subcontractors for Projects considered a "treatment work" as
defined in the FWPCA § 212,
33
U.S.C. §
1292(2)(A), to
pay all laborers and mechanics employed on the Project not less than the
prevailing wage rates as determined by the United States Secretary of Labor, in
accordance with the Davis-Bacon Act, as amended (
40
U.S.C. §§
3141--
3148
);
(v) Provisions requiring that
the successful contractor and subcontractor comply with FWPCA § 608,
33
U.S.C. §
1388, requiring that the iron
and steel products used in a Project for the construction, alteration,
maintenance, or repair of "treatment works" as defined in the FWPCA § 212,
33
U.S.C. §
1292(2)(A), be
produced in the United States;
(vi)
Provisions relating to retainage in accordance with subsection F(8) of this
rule (relating to retainage);
(vii)
Provisions requiring the contractor to obtain and maintain insurance coverage
of the Project;
(viii) Provisions
giving authorized representatives of the Department access to the construction
site and to all books, records, and documents of the contractor for the purpose
of inspection, audit and copying during normal business hours; and
(ix) Those general conditions, supplementary
conditions, specifications, and other provisions provided by or required by the
Department.
3. Approval of Plans and Specifications
(a) Approval. The
Department's approval of the Plans and Specifications does not relieve the
Eligible Applicant of any liability or responsibility with respect to the
design, construction, operation, or performance of the Project. The Department
will approve the Plans and Specifications if all applicable permits have been
obtained, and if they:
(i) Conform to the
requirements listed in subsection D(2) of this rule (relating to Plans and
Specifications);
(ii) Are
consistent with all relevant federal and State of Maine statutes;
(iii) Pass a bidd ability, operability, and
construct ability review by the Department; and
(iv) Are consistent with any Facilities
Plans, if applicable, and environmental determinations required by subsection
C(5)(c) of this rule (relating to required environmental review and
determinations) and subsection C(6) of this rule (relating to Facilities
Plans).
(b)
Advertisement for Bids. The applicant shall obtain authorization from the
Department before advertising for bids on the Project.
Disclaimer: These regulations may not be the most recent version. Maine may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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