Section 376-595-D - Engineering Design1.Value EngineeringApplicability. If the estimated cost of building the Project is more than $10 million, the applicant may conduct value engineering, during the design of the Project, and prepare a value engineering report. One copy of any value engineering report must be submitted to the Department for review and approval.
2.Plans and Specifications(a) Submittals. The Eligible Applicant shall submit copies of any proposed or existing contracts for consultant services necessary for planning, design and construction of the proposed Project and included as part of the total cost of the Project for the Department's approval. The Eligible Applicant shall prepare a 10% preliminary design report and Plans and Specifications on all significant elements of the Project, if applicable. The Plans and Specifications may incorporate the accepted recommendations of any value engineering performed in accordance with subsection D(1) of this rule (relating to value engineering). One copy of the documents must be submitted to the Department.(b) Contents. The Plans and Specifications must contain the following: (i) Provisions assuring compliance with the Department's rules and all relevant federal and State of Maine statutes;(ii) Forms detailing the performance and payment bonds that will be provided;(iii) Provisions requiring the successful contractor and subcontractors to pay all laborers and mechanics employed on the Project not less than the prevailing State minimum wage rates;(iv) Provisions requiring the successful contractor and subcontractors for Projects considered a "treatment work" as defined in the FWPCA § 212, 33 U.S.C. § 1292(2)(A), 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, as amended ( 40 U.S.C. §§ 3141-- 3148 );(v) Provisions requiring that the successful contractor and subcontractor comply with FWPCA § 608, 33 U.S.C. § 1388, requiring that the iron and steel products used in a Project for the construction, alteration, maintenance, or repair of "treatment works" as defined in the FWPCA § 212, 33 U.S.C. § 1292(2)(A), be produced in the United States;(vi) Provisions relating to retainage in accordance with subsection F(8) of this rule (relating to retainage);(vii) Provisions requiring the contractor to obtain and maintain insurance coverage of the Project;(viii) Provisions giving authorized representatives of the Department access to the construction site and to all books, records, and documents of the contractor for the purpose of inspection, audit and copying during normal business hours; and(ix) Those general conditions, supplementary conditions, specifications, and other provisions provided by or required by the Department.3.Approval of Plans and Specifications(a) Approval. The Department's approval of the Plans and Specifications does not relieve the Eligible Applicant of any liability or responsibility with respect to the design, construction, operation, or performance of the Project. The Department will approve the Plans and Specifications if all applicable permits have been obtained, and if they: (i) Conform to the requirements listed in subsection D(2) of this rule (relating to Plans and Specifications);(ii) Are consistent with all relevant federal and State of Maine statutes;(iii) Pass a bidd ability, operability, and construct ability review by the Department; and(iv) Are consistent with any Facilities Plans, if applicable, and environmental determinations required by subsection C(5)(c) of this rule (relating to required environmental review and determinations) and subsection C(6) of this rule (relating to Facilities Plans).(b) Advertisement for Bids. The applicant shall obtain authorization from the Department before advertising for bids on the Project.94- 376 C.M.R. ch. 595, § D