New York Codes, Rules and Regulations
Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION
Chapter X - DIVISION OF WATER RESOURCES
Subchapter A - GENERAL
Article 1 - MISCELLANEOUS RULES
Part 651 - STATE AID FOR COLLECTION, TREATMENT AND DISPOSAL OF SEWAGE-COST OF OPERATION AND MAINTENANCE OF SEWAGE TREATMENT PLANTS
Comprehensive Studies and Reports in Relation to Planning for Collection, Treatment and Disposal of Sewage
Section 651.9 - Contracts for engineering services

(a) Contract to make a comprehensive study and report for the purposes stated in section 651.1 shall be prepared by the office of counsel of the State Department of Environmental Conservation in consultation with the attorney or attorneys employed by the applicant.

(b) All copies of the contract so prepared shall be submitted to the applicant for execution by the applicant and the contracting engineer. After execution by the applicant and the contracting engineer, all copies of the partially executed contract shall be returned to the commissioner.

(c) After the commissioner's approval thereof, copies of the duly executed contract shall be furnished to the applicant and to the contracting engineer and thereafter shall be in full force and effect.

(d) Such contracts shall be written in such form and in such detail as is reasonably calculated to clearly define the obligations, duties and requirements imposed upon each of the contracting parties and shall specify the manner and terms under which vouchers shall be prepared and submitted to the commissioner for payment for the engineering services rendered. Such contracts may provide for partial payments.

(e) The contract shall provide that the contracting engineer shall keep the commissioner and the applicant periodically informed as to the progress of the study.

(f) The contract shall also provide that any engineering studies shall be coordinated with those carried out pursuant to provisions of part V of article V of the Conservation Law.

(g) The contract shall provide that 10 per cent of each partial payment be withheld by the State pending faithful performance of the contract. Final payment, including retained percentages, shall not be made to the contracting engineer until the report has been submitted to and approved by the commissioner and the applicant.

(h) In the case of a joint contract, the contract shall provide for designation of one of the municipalities to receive payments for State assistance and to make payments to contracting engineer.

(i) A municipality utilizing its own engineering personnel to do the work, either partially or completely, may enter into a separate contract with the commissioner, covering such services.