New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter XLII - New York State Environmental Facilities Corporation › Part 2604 - New York State Drinking Water Revolving Fund Regulations › Section 2604.7 - General project requirements

Current through Register Vol. 46, No. 28, July 10, 2024
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.