Alaska Administrative Code › Title 18 - Environmental Conservation › Chapter 73 - Construction Grants › 18 AAC 73.020 - Terms and conditions of grant awards

Current through May 31, 2024
(a) The grantee
			 shall submit plans and specifications that define a proposed project under this
			 chapter to the department for review and approval before the start of
			 construction. A project will not be eligible for a grant under this chapter if
			 the grantee issues a notice to proceed with construction to a contractor before
			 obtaining departmental approval of construction-ready plans and
			 specifications.
(b) The department
			 will review plans and specifications based on generally accepted engineering
			 design standards, including to those specified in 18 AAC 60, 18 AAC 72, and 18
			 AAC 80. The department will, in its discretion, waive the requirements to
			 prepare project-specific facility plans and feasibility studies, planning
			 reports, as-built drawings, and operations and maintenance manuals for less
			 complex projects.
(c) The grantee
			 shall obtain the services of a registered engineer to inspect work performed
			 under contract and to supervise or direct work performed under force account
			 procedures approved by the department under
			 18 AAC 73.010(f) (1).
(d) The plans and specifications for a
			 construction project receiving grant assistance under this chapter must be
			 prepared and signed by a registered engineer.
(e) The grantee shall submit copies of all
			 change orders to the department for approval. Change orders need not be
			 submitted before work begins. A change order is eligible for grant
			 reimbursement only if approval is obtained before the department conducts the
			 project field audit.
(f)
			 Construction contracts for work that is estimated to exceed $50,000 in cost may
			 be awarded only through a competitive bidding process with at least 30 days
			 advertising before award, unless an alternate method is approved by the
			 department. Construction contracts for less than $50,000 may be negotiated if
			 the department approves the grantee's solicitation and negotiating
			 procedures.
(g) The grantee shall
			 submit to the department, for review and concurrence, a tabulation of all bids
			 received, a complete copy of the lowest bid, a copy of the notice to proceed
			 with construction, and a copy of the construction contract. The contract must
			 be awarded to the lowest responsive, responsible bidder, unless the department
			 waives this requirement. The department will withhold grant payments pending
			 review of and concurrence with the bid tabulation, notice to proceed, and
			 construction contract.
(h) Project
			 sites, materials, and records are subject to inspection and audit by the
			 department. The department will give adequate notice to the grantee and will
			 schedule inspections at a reasonable time.
(i) A grantee shall maintain project accounts
			 and records supporting the grant eligibility of project expenditures. These
			 records must clearly separate eligible and ineligible project costs. The
			 grantee shall maintain project accounts and records until the project field
			 audit has been performed and the findings of and exceptions to the audit have
			 been resolved.
(j) The grantee, by
			 accepting grant assistance under this chapter, agrees to construct and operate
			 a system or construct a project awarded a grant under this chapter in
			 accordance with the approved plans and specifications. Failure to meet the
			 requirements of this subsection may result in withdrawal of grant
			 assistance.
(k) The department
			 will, in its discretion, include other terms and conditions in a grant offer
			 that it considers necessary to ensure compliance with this chapter.
(l) The grantee shall submit to the
			 department for review and concurrence copies of all professional services
			 contracts associated with the project. A professional services contract need
			 not be submitted before work begins under that contract. A professional
			 services contract is eligible for grant reimbursement only if concurrence is
			 obtained before the department conducts the project field audit.
Authority:
AS
				  46.03.020(10)
AS 46.03.030
AS 46.03.090
AS
				  46.03.720