Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 10 - TEXAS WATER DEVELOPMENT BOARD › Chapter 375 - CLEAN WATER STATE REVOLVING FUND › Subchapter A - GENERAL PROGRAM REQUIREMENTS › Section 375.3 - Federal Requirements

Current through Reg. 49, No. 28; July 12, 2024
(a) Davis-Bacon
				  Act Prevailing Wage Provision. The Applicant must comply with the requirements
				  of section 513 of that Act (
				  33 U.S.C. §
											1372 ) in all procurement contracts
				  and-sub-grants, and require that loan recipients, procurement contractors, and
				  sub-grantees include such a term and condition in subcontracts and other lower
				  tiered transactions. The Davis Bacon prevailing wage requirements, as provided
				  in 40 U.S.C. §§ 3141 et seq. and the Department of Labor's
				  implementing regulations, apply to any project for the construction of
				  treatment works that are funded by the CWSRF.
(b) National Environmental Policy Act-like
				  environmental review. The National Environmental Policy Act provisions apply to
				  all CWSRF assistance for the construction of treatment works. The requirements
				  are specified in Subchapter E of this chapter.
(c) Generally Accepted Accounting Principles.
				  Assistance recipients must maintain project accounts according to Generally
				  Accepted Accounting Principles as issued by the Governmental Accounting
				  Standards Board, including standards relating to the reporting of
				  infrastructure assets.
(d) Cost and
				  Effectiveness Analysis. A municipality or intermunicipal, interstate, or State
				  agency that receives assistance from the CWSRF must certify that they have
				  conducted a cost and effectiveness analysis. A cost and effectiveness analysis
				  is an eligible cost under the CWSRF. The certification must be provided before
				  CWSRF assistance is provided for final design or construction phase.
(e) Architectural and Engineering Contracts.
				  For equivalency projects only, a contract to be carried out using funds
				  directly made available by a capitalization grant for program management,
				  construction management, feasibility studies, preliminary engineering, design,
				  engineering, surveying, mapping, or architectural related services must be
				  negotiated in the same manner as a contract for architectural and engineering
				  services is negotiated under 40 U.S.C. §§ 1101 et seq. This applies
				  to new solicitations, significant contractual amendments, and contract
				  renewals.
(f) Fiscal Sustainability
				  Plan. A recipient of a loan for a project that involves the repair,
				  replacement, or expansion of a publicly owned treatment works must develop and
				  implement a fiscal sustainability plan or certify that it has already developed
				  and implemented a fiscal sustainability plan.
(g) American Iron and Steel Requirements. All
				  of the iron and steel products used in the construction, alteration,
				  maintenance, or repair of treatment works must be produced in the United
				  States, as provided in
				  33
				  U.S.C §
											1388.
(h) Signage. Equivalency projects must comply
				  with the EPA signage requirements implemented to enhance public awareness of
				  CWSRF projects.
(i) Other Federal
				  Requirements. Other federal statutory, regulatory, executive order, and/or
				  guidance and policy authority may apply. Federal requirements are further
				  detailed in the IUP under which a project was funded.