La. Admin. Code tit. 33 § IX-2115

Current through Register Vol. 50, No. 6, June 20, 2024

Section IX-2115 - Project Construction

A. The applicant shall comply with all state and federal laws, rules and regulations related to construction of the project. These items shall include, but shall not be limited to:

1. public bid laws;

2. procurement of professional services;

3. procurement of construction contractor;

4. Davis-Bacon Act (40 U.S.C. § 3141 et seq.) and related acts (if applicable);

5. performance and payment bonds as defined in LAC 33:IX.2105;

6. noncompetitive procurement; and

7. civil rights act.

B. Any project constructed in whole or in part with funds obtained with a loan through the CWSRF shall be constructed in accordance with the plans and specifications approved by the department. Any deviation from the approved plans and specifications shall be approved by the department separately through the use of addenda and/or change orders.

1. The applicant may issue, prior to bid opening, addenda to correct errors, to clarify information in bidding documents or to incorporate the current wage rate determination. The addenda shall be issued in a reasonable time prior to the deadline for the receipt of bids and the applicant shall insure that the addenda have been issued to each bidder.

2. The applicant shall be responsible for negotiation of construction contract change orders. During negotiations with the contractor, the applicant or, if authorized, his engineer shall:

a. make certain that the contractor has a clear understanding of the scope and extent of work;

b. assure that the contractor demonstrates that he will make available or will obtain the necessary personnel, equipment and materials to accomplish the work within the specified time;

c. assure a fair and reasonable price for the required work; and

d. submit to the department all change orders for review and approval.

C. The applicant shall submit to the department for review a complete statement of work to be performed, the terms and conditions of the proposed contract to be awarded, a clear explanation of the methods of bidding and of evaluating bid prices and the limits of work for each item on the proposal form.

D. From the time of first submission of the loan application, throughout all stages of construction, and at any time while financial assistance from the CWSRF to the applicant is outstanding, the department, through its duly authorized representative, shall have the right to inspect any and all projects, and any and all incidental works, areas, facilities and premises otherwise pertaining to the project for which the application is made. The department shall further have the same right of inspection to inspect any and all books, accounts, records, contracts or other instruments, documents or information possessed by the applicant or entity representing the applicant which relate to the receipt, deposit and/or expenditure of financial assistance funds or to the planning, design, construction and operation of any facilities which may have been constructed as a result of such financial assistance. By submittal of a loan application to the department, the applicants shall be deemed to consent and agree to the right of reasonable inspection and all applicants shall allow the department all necessary and reasonable access and opportunity for such purposes.

E. The applicant shall provide the department with a written notification upon completion of any project for which financial assistance is provided through the CWSRF. The department shall conduct a final on-site inspection of the project and an audit of any and all financial assistance furnished to the applicant.

La. Admin. Code tit. 33, § IX-2115

Promulgated by the Department of Environmental Quality, Office of Water Resources, LR 13:742 (December 1987), repromulgated LR 14:862 (December 1988), amended by the Office of Environmental Assessment, Environmental Planning Division, LR 26:2551 (November 2000), amended by the Office of the Secretary, Legal Affairs Division, LR 31:2508 (October 2005), LR 33:2164 (October 2007), amended by the Office of the Secretary, Legal Division, LR 40:770 (April 2014).

AUTHORITY NOTE: Promulgated in accordance with R.S. 30:2011(D)(1).