ROBERT L. EHRLICH, JR., Governor

Ch. 550

specifications, and all 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 regulations of the Department.

(d)     (1) 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.

(2)     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% in excess of the estimated cost above.

(3)     Any excess costs within the 10% limit may 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.

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

(5)     The Department shall award a construction contract for the project,
shall supervise actual construction work, and shall 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.

(6)     On completion of the project, the Department shall:

(i) Endorse any property owner's cash contribution to the credit of
the contractor; and

(ii) Pay the balance due the contractor from the Fund.

(7)     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 a benefit charge in accordance with the provisions of § 8-1006
of this subtitle.

(e)     Costs to maintain shore erosion control projects are the sole responsibility
of the benefited property owner. The Department periodically shall inspect these
projects to recommend to the property owner any measures required to maintain the
project.

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