N.Y. Comp. Codes R. & Regs. tit. 21 § 2605.10

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

Section 2605.10 - General program requirements

(a) Recipients shall ensure that all eligible projects that receive assistance from the fund effectively protect the quality of the water supply, employ good management practices, and fulfill all applicable requirements, if any, of the following: Federal and State laws, regulations, and executive orders, including, without limitation, prevailing wage requirements under article 8 of the Labor Law, requirements of the General Municipal Law and the State Finance Law governing disqualification of bidders, all requirements of the PFLA, and all applicable instructions issued by the corporation to ensure that these requirements are met. The corporation shall not provide assistance from the fund unless such requirements are met.

(b) The corporation, DEC and/or DOH 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 PFLA are being met.

(c) The recipient shall certify to the corporation that project requirements have been met where such certifications are permitted by State laws or regulations.

(d) The recipient shall have or shall acquire such title, estate or interest in the site of the eligible project, including, without limitation, necessary easements and rights-of-way, to ensure the undisturbed use and possession during construction of the eligible project and for the estimated operational life thereof.

(e) The recipient, all authorized representatives of the recipient, and all contractors and subcontractors providing services for the eligible project shall comply with all Federal, State and local laws, rules, regulations, and executive orders applicable to the eligible project, including, without limitation, laws, rules, regulations, and executive orders regarding affirmative action, equal employment opportunity, and small, minority and women's business enterprises.

(f) The recipient is solely responsible for the preparation of engineering reports, design drawings, plans and specifications, contract documents, and the inspection of eligible project construction necessary for the completion of the eligible project. Notwithstanding any review or approval of engineering reports, design drawings, plans and specifications, contract documents, change orders, and/or the inspection of eligible project construction by the corporation, its employees, agents or representatives, are not 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 § 2605.10