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Session Laws, 1987
Volume 769, Page 2997   View pdf image
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WILLIAM DONALD SCHAEFER, Governor Ch. 641

information necessary to solicit firm bids for construction of
the project. After selection of a contractor, in accordance with
normal competitive bidding procedures, the Department shall
advise the property owner of the estimated cost for the
completion of all work. The property owner then may elect to
abandon the project, and forfeit any initial deposit required
under the rules and regulations of the Department.

(d) If, after completion of the procedures required under
subsection (c) of this section, the property owner decides to
proceed with the project, the provisions of this subsection shall
apply.

(1)  The property owner shall execute a written notice
to proceed, on a form provided by the Department, and shall pay
any property owner's cash contribution required under this
subtitle. This action shall constitute an irrevocable commitment
by the property owner to completion of the project in accordance
with the provisions of this subtitle, including authorization for
the Department to incur costs up to 10 percent in excess of the
estimated cost above.

(2)  Any excess costs within the 10 percent limit
shall not act to increase the property owner's cash contribution
but shall be included in the net project construction cost for
purposes of assessing benefit charges at the conclusion of the
project.

(3)  The Department shall at this time cause a notice
of lien to be recorded among the land records of the county where
the benefited property is located. The notice shall generally
describe the provisions of § 8-1006 of this subtitle regarding
lien priority and the assumption of liability by a purchaser of a
benefited property.

(4)  The Department shall award a construction
contract for the project, shall supervise actual construction
work, and make reasonable efforts to ensure that the project is
completed in accordance with all specifications, and in a manner
that conforms to normal industry practice. In this regard, the
Department alone shall be responsible, in its own discretion, for
negotiating any changes in the construction contract and for
determining when the project is satisfactorily complete in all
respects.

(5)  On completion    of the project, the Department
shall endorse any property owner's cash contribution to the
credit of the contractor, and shall pay the balance due the
contractor from the Fund.

(6)  Within 30 days of completion of the project, the
Department shall certify to the Board of Public Works the net
project construction cost. The Board of Public Works shall levy

- 2997 -

 

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Session Laws, 1987
Volume 769, Page 2997   View pdf image
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