New York Codes, Rules and Regulations
Title 21 - Miscellaneous
Chapter XXXII - Facilities Development Corporation
Part 2002 - Municipal Facilities Project Assistance Program
Section 2002.8 - Project services

Current through Register Vol. 46, No. 12, March 20, 2024

(a) Upon the execution of the agreement by the corporation and the municipality, the corporation shall begin to provide services in accordance with the agreement relating to the design and/or construction of the project as follows:

(1) Design phase. Pursuant to the scope of design services as set forth in the agreement, the corporation shall perform such services as agent of the municipality which may include, but not be limited to, the following:
(i) program definition and/or feasibility analyses to the extent necessary to insure proper articulation of the project requirements for design purposes;

(ii) coordinate and approve design schedules;

(iii) establish project budgets;

(iv) coordinate and attend design review meeting and other special meetings as necessary;

(v) coordinate the review of all design and construction documents and cost estimates to assure compatibility with the project program budget; and

(vi) obtain any other municipal and other design approvals as necessary.

Such services shall be carried out in accordance with the corporation's design procedure manual or as otherwise specifically recommended by the corporation.

(2) Design consultants, as required, shall be selected by the corporation, subject to the municipality's approval, or by the municipality at the municipality's option. In the municipality's selection of a consultant, it shall consider recommendations of the corporation. The corporation shall contract, as agent for the municipality, with all architects, vendors and other consultants or contractors as required for the design of the project.

(3) Contract administration phase. Pursuant to the agreement, the corporation shall perform all contract administration functions as agent of the municipality, including but not limited to advertising, bidding and awarding construction contracts as may be required, in accordance with the Facilities Development Corporation Act or any other applicable law. The corporation shall contract as agent of the municipality with all contractors as required for the construction or any other phase of the project.

(4) Construction phase. Pursuant to the agreement, the corporation shall perform construction services as agent of the municipality which shall include, but not be limited to, the following:
(i) develop a construction schedule;

(ii) conduct periodic construction coordination meetings;

(iii) coordinate inspections of the work;

(iv) approve applications for payment;

(v) issue periodic project status reports;

(vi) maintain project records and files;

(vii) issue contract revisions (change orders);

(viii) review and resolve disputes arising from the execution of the work;

(ix) coordinate final inspection;

(x) recommend acceptance of the project work; and

(xi) conduct guarantee inspection.

Such services shall be carried out in accordance with the corporation's construction field manual or as otherwise specifically recommended by the corporation. In conjunction with the construction phase, the corporation, as specified in the agreement, may be responsible for the purchase, installation and security of any and all equipment required for the project.

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