1. (a) Submittals. The applicant shall prepare contract documents including plans and specifications and a final engineering design report on all significant elements of the project. These documents shall conform to the requirements detailed in 30 TAC Chapter 317 (concerning Design Criteria for Sewerage Systems). The contract documents shall incorporate the accepted recommendations of any value engineering performed in accordance with §375.61 of this title (relating to Value Engineering). Three copies of the documents shall be submitted to the executive administrator.

2. (b) Additional requirements. The contract documents shall contain the following:

   1. (1) provisions assuring compliance with the board's rules and all relevant statutes;
   2. (2) forms by which the performance and payment bonds will be provided;
   3. (3) provisions requiring the successful contractor and subcontractors 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 (40 United States Code §§276a-276a-7);
   4. (4) a contractor's act of assurance form to be executed by the contractor which shall warrant compliance by the contractor with all laws of the State of Texas and all rules and published policies of the board;
   5. (5) provisions providing for the applicant to retain a minimum of 5.0% of the progress payments otherwise due to the contractor until the building of the project is substantially complete and a reduction in the retainage is authorized by the executive administrator in accordance with §375.88 of this title (relating to Retainage);
   6. (6) provisions requiring the contractor to obtain and maintain the appropriate insurance coverage;
   7. (7) provisions giving authorized representatives of the board access to all such construction activities, books, records, documents, and other evidence of the contractor for the purpose of inspection, audit, and copying during normal business hours; and
   8. (8) those conditions, specifications, and other provisions provided by or requested by the executive administrator.

Source Note:The provisions of this §375.62 adopted to be effective February 25, 1988, 13 TexReg 791; amended to be effective April 21, 1989, 14 TexReg 1749; amended to be effective February 10, 1995, 20 TexReg 492.