N.Y. Comp. Codes R. & Regs. tit. 21 § 2604.7

Current through Register Vol. 46, No. 50, December 11, 2024

Section 2604.7 - General project requirements

The corporation shall require each recipient of DWSRF financing to agree to the following, as applicable:

(a) The corporation shall require each recipient to effectively protect water quality, employ good management practices, and fulfill all applicable requirements of: Federal and State laws, regulations, and executive orders, including, without limitation, prevailing wage requirements under article 8 of the Labor Law, all requirements of the PFA, and all applicable instructions issued by the commissioner or the corporation to ensure that these requirements are met.

(b) The corporation and the department may conduct such reviews, inspections and investigations as they determine necessary to ensure that applicable Federal, State and local requirements are fulfilled, and that the terms, requirements, and conditions of the PFA are being met.

(c) The corporation and the department may accept recipient certification that project requirements have been met as permitted by State laws or regulations. Acceptance of a certification that a project requirement was met shall not preclude either the corporation or the department from carrying out selective sampling and verification of such certification.

(d) All contracts between the recipient and parties carrying out construction and other DWSRF assisted activities shall provide that representatives of the commissioner, the Comptroller, and the corporation shall have access to the work wherever it is in preparation or progress and shall permit extracts and copies of project records to be made by them.

(e) All change orders shall be submitted to the department within 30 days following the date they are ordered. Proposed changes which will significantly alter any treatment process incorporated in the project shall require prior approval by the department. The department will notify the corporation of any approved change orders at the same time it notifies the recipient.

(f) The recipient shall be required to provide for inspection of project construction, under the direction of a professional engineer licensed in New York State who shall be responsible for determining whether such work has been performed in accordance with the approved plans and specifications. Following project completion, the professional engineer shall certify to the recipient, the commissioner and the corporation that the construction is in accordance with the approved plans and specifications or approved amendments thereto.

(g) The recipient shall be required to have or acquire such title, estate or interest in the site of the project, including, without limitation, necessary easements and rights-of-way, to ensure the undisturbed use and possession during construction of the project and for the term of its DWSRF obligation under the PFA.

(h) The recipient, all authorized representatives of the recipient, and all contractors and subcontractors providing services for the project shall be required to comply with all Federal, State and local laws, rules, regulations, and executive orders applicable to the project, including, without limitation, laws, rules, regulations, and executive orders regarding affirmative action, equal employment opportunity, and small, minority and women's business enterprises. The recipient shall include in all contracts or subcontracts financed with DWSRF assistance which the commissioner determines are subject to article 15-A of the Executive Law, contract provisions determined necessary by the commissioner for purposes of complying with article 15-A of the Executive Law and any regulations adopted pursuant thereto.

(i) The recipient is solely responsible for the preparation of engineering reports, design drawings, plans and specifications, contract documents, and the inspection of project construction necessary for the completion of the project. Notwithstanding any review or approval of engineering reports, design drawings, plans and specifications, contract documents, change orders, and/or the inspection of project construction by the department or the corporation, neither the department nor the corporation, nor their employees, agents or representatives, are responsible for increased costs resulting from defective engineering reports, design drawings, plans and specifications, change orders, or negligent inspection of project construction.

N.Y. Comp. Codes R. & Regs. Tit. 21 § 2604.7