Current through Register Vol. 46, No. 39, September 25, 2024
(a) The estimated
reasonable cost or actual cost, as the case may be, of an eligible project as
defined in section 1263-b of the Public Health Law shall be calculated only
with respect to that portion of the erection, building, acquisition,
alteration, reconstruction, improvement or extension of the sewage treatment
works as defined in section 1263-b of the Public Health Law which is undertaken
after May 12, 1965, and before March 31, 1972.
(b) The estimate of reasonable cost of a
project by the commissioner shall be determined by consideration of costs of
similar projects, together with an engineering evaluation of the degree of
construction difficulty involved in the project.
(c) A grant will be made only for
construction of a project for new or additional water pollution
control.
(d) A grant will not be
made to an applicant unless it demonstrates to the satisfaction of the
commissioner its ability to pay the municipal share of the project.
(e) In order to insure effective water
pollution control, economy of capital cost and operation, each project before
approval will be evaluated in terms of the overall treatment and collection
needs of the area in which it is located. The commissioner reserves the right
to disapprove any application if it does not contribute to the overall
objectives of effective water quality management or may become a deterrent to
area-wide solutions at a later date.
(f) Over-design without justification will be
reason for rejection of an application. All engineering plans submitted with an
application will reflect professional responsibility with regard to developing
maximum economy in design and construction.
(g) Engineering fees must be consistent with
the schedules recommended by the American Society of Civil Engineers.
(h) A grant will not be made to an applicant
unless construction specifications provide for alternate equipment or materials
which can provide a satisfactory operating unit.
(i) A grant will not be made to an applicant
unless it provides the commissioner with assurances that:
(1) Sufficient qualified operating personnel
will be retained and that required operational tests and measurements will be
performed to insure proper and efficient operation and maintenance of the
sewage treatment works from the time of completion of construction or
commencement of operation, whichever is earlier, until such time as the
commissioner may approve discontinuance of operation or disposal of the
works.
(2) The sewage received by
the sewage treatment works will be from a sewage system or systems operated and
maintained in accordance with a sewer use ordinance acceptable to the
commissioner.
(3) Actual
construction work will be performed by the lump sum (fixed price) or unit price
contract method or combination thereof.
(4) The contract and specifications will be
consistent with applicable sections of the "State Architect's Standard
Specifications".
(5) Where required
by law, competitive bidding will be employed prior to contract awards and that
the contract award will be made to the responsible bidder submitting the lowest
acceptable bid.
(6) The project
will not be advertised or placed on the market for bidding until final plans
and specifications have been approved by the commissioner, a permit therefor
has been issued pursuant to section 1230 of the Public Health Law, and the
applicant has been notified that advertising and receipt of bids may
commence.
(7) Every construction
contract will require the contractor to provide performance and payment bonds
in amounts not less than the contract price and to maintain during the life of
the contract adequate fire and extended coverage, workmen's compensation,
public liability, and property damage insurance.
(8) Construction contracts will not be
awarded without approval of the bid tabulations and the intent of the applicant
to award contracts to specific bidders.
(9) Any change or changes in a construction
contract in excess of five per cent of the contract price or any change or
changes regardless of cost which substantially modify the treatment processes
proposed will be submitted to the commissioner for prior approval; provided,
however, that work of an emergency nature may be ordered by the engineer
engaged by the applicant pursuant to paragraph (13) below without prior
approval, if so reported to the commissioner within 48 hours of the time of the
ordered change or changes.
(10)
Notification of all change orders not requiring prior approval of the
commissioner will be submitted to the commissioner within one month of the time
at which they are ordered by the engineer; grant payments associated with such
change orders may be made by the commissioner at his discretion following
engineering review of the change order and inspection.
(11) The construction of the project,
including the letting of contracts in connection therewith, will conform to
applicable requirements of Federal, State and local laws, ordinances, rules and
regulations.
(12) Representatives
of the commissioner shall have access to the work wherever it is in preparation
or progress; proper facilities will be furnished for such access and inspection
and all construction contracts will so provide.
(13) The applicant will at all times provide
and maintain competent and adequate resident supervision and inspection under
the direction of a licensed professional engineer who will have the
responsibility of insuring that the construction conforms with the approved
plans and specifications and certifying to the applicant and the commissioner
at the completion of construction that the construction is in accordance with
the approved plans and specifications or approved amendments thereto.
(14) Adequate accounting and fiscal records
will be maintained so as to reflect the receipt and expenditure of funds for
the purpose of the eligible project, and all funds, however provided for the
payment of the cost of the project, will be credited promptly upon receipt
thereof to a separate construction account or accounts.
(15) The construction contract or contracts
will be so prepared that eligible items can be readily segregated from
noneligible items and so that materials and equipment sold to the applicant may
be readily itemized.
(16) The
applicant will submit to the commissioner such documents and information as he
may require.
(17) The applicant has
a fee simple title or such other estate or interest in the site of the project,
including necessary easements and rights-of-way, as the commissioner finds
sufficient to assure undisturbed use and possession for the purposes of
construction and operation for the estimated life of the project.
(18) The applicant will construct the project
or cause it to be constructed to the final completion in accordance with the
application, plans and specifications or amendments thereto approved by the
commissioner and the permit issued therefor.
