1. (a) The Applicant shall submit an engineering feasibility report signed and sealed by a professional engineer registered in the State of Texas. The report, based on guidelines provided by the executive administrator, shall provide:

   1. (1) a description and purpose of the project;
   2. (2) the names of the entities to be served, current population and projections of future population;
   3. (3) the cost of the project;
   4. (4) a description of the alternatives considered and reasons for selecting the proposed project;
   5. (5) sufficient information to evaluate the engineering feasibility and biddability and constructability;
   6. (6) maps and drawings as necessary to locate and describe the project area;
   7. (7) sufficient detail to document that the project will remedy the issues and problems that were evaluated for rating on the IUP;
   8. (8) documentation of the project's cost effectiveness; projects implementing new systems or significantly altering current systems may require a detailed cost-effective analysis, including detailed operation and maintenance costs, to document program eligibility;
   9. (9) a discussion of any known permitting, social, economic and cultural impacts that could result from project construction and implementation; and
   10. (10) any other information or data necessary to evaluate the proposed project. The Applicant must submit any additional information requested by the executive administrator to document the project's eligibility for funding by the program.

2. (b) Approval of Engineering Feasibility Report. The executive administrator will approve the engineering feasibility report when:

   1. (1) the items listed in subsection (a) of this section have been completed, including any submission of documents in response to requests for additional information or data;
   2. (2) the appropriate environmental determinations have been completed in accordance with Subchapter E of this chapter and the Applicant has agreed to incorporate into project documents, including contracts, and all mitigation measures as a result of the environmental review;
   3. (3) the project and alternatives to the project have been analyzed and the proposed project is cost effective.

3. (c) Request for project change. A request for a change, after the approval of the engineering feasibility report, to a project shall be granted only if the project remains consistent with the original project and if it will remedy the problems and issues identified in the project information form. Significant changes in a project require previous approval by the executive administrator and the Applicant shall:

   1. (1) provide a description of and the need for changes;
   2. (2) submit additional engineering or environmental information as requested by the executive administrator;
   3. (3) provide an estimate of any increase or decrease in total project costs resulting from the proposed change; and
   4. (4) certify that the proposed changes will not significantly alter the purpose of the project.
4. (d) Alternative methods for project delivery. Design build, construction manager at risk and other alternative methods of project delivery are eligible for available financial assistance, including combinations of planning, design and construction funding, in accordance with programmatic requirements. The executive administrator will provide written guidance regarding modifications of the type of financial assistance, and the review, approval and release of funds processes for alternative delivery projects.

Source Note:The provisions of this §375.81 adopted to be effective September 8, 2010, 35 TexReg 8126.