Oklahoma Administrative Code › Title 785 - Oklahoma Water Resources Board › Chapter 50 - Financial Assistance › Subchapter 9 - Clean Water State Revolving Fund Regulations › Part 3 - GENERAL PROGRAM REQUIREMENTS › Section 785:50-9-38 - Construction phase

Current through Vol. 41, No. 20, July 1, 2024
(a)
Inspection during construction.
During the building phase
											  of the project, the recipient shall provide independent engineering or other professional services necessary
											  to assure completion of the project in accordance with the loan agreement and the approved plans and
											  specifications.
(b)
Resident inspection.
After the
											  construction contract is awarded, the recipient shall provide for adequate full-time independent resident
											  inspector of the project and require assurance that the work is being performed in a satisfactory manner in
											  accordance with the approved plans and specifications, approved alterations, and in accordance with sound
											  engineering principles and building practices. The Board is authorized to inspect the building of any project
											  at any time in order to assure that plans and specifications are being followed and that the works are being
											  built in accordance with sound engineering principles and building practices, but such inspection shall never
											  subject the State of Oklahoma to any action for damages. The Board shall bring to the attention of the
											  recipient and the project engineer any variances from the approved plans and specifications. The recipient
											  and the project engineer shall immediately initiate necessary action rectifying construction deficiencies.
(c)
Inspection of materials.
(1) The Board is also authorized to inspect all materials furnished,
											  including inspection of the preparation or manufacture of the materials to be used. The state inspector is to
											  report the manner and progress of the building or to report conditions relating to the materials furnished
											  and the compliance by the contractor with approved plans and specifications for the project. Such inspection
											  will not release the contractor from any obligation to perform the work in accordance with the requirements
											  of the contract documents or the project engineer from determining compliance with the requirements of the
											  contract documents.
(2) In the event building procedures or
											  materials are determined by the Board to be substandard or otherwise unsatisfactory and/or not in conformity
											  with approved plans and specifications, the Board may order the recipient to take such action in the manner
											  provided for in the construction contract to correct any such deficiency.
(3) In those instances of dispute between the recipient project engineer
											  and the Board's representative as to whether material furnished or work performed conforms with the terms of
											  the construction contract, the Board may order the recipient to direct the project engineer to reject
											  questionable materials and/or initiate other action provided for in the construction contract, including
											  suspension where necessary, until all disputed issues are resolved in accordance with the terms of the
											  construction contract.
(4) The contractor and recipient shall
											  furnish the Board's representative with every reasonable facility for ascertaining whether the work as
											  performed is in accordance with the requirements and intent of the contract.
(5) In addition to normal testing procedures required of the recipient, the
											  Board may require reasonable additional tests of building materials of processes which the Board determines
											  to be necessary during the building of projects financed in whole or in part by Clean Water SRF funds. All
											  tests, whether for the Board or the project engineer, will conform to current American Water Works
											  Association, American Association of State Highway and Transportation Officials, American Society of Testing
											  and Materials, and the Oklahoma Department of Transportation published procedures, or similar criteria. The
											  Board shall specify which tests are applicable. Samples for testing shall be furnished free of cost to the
											  Board upon request on the construction site.