N.Y. Transportation Corporations Law § 118: Inspection; cost certification

§ 118. Inspection; cost certification. 1. The local governing body,

except in the county of Suffolk, the county sewer agency shall utilize

any licensed professional engineer in its own personnel staff, or retain

a licensed professional engineer or engineering firm to cause the

following to be undertaken and completed:

(a) Initial examinations of the plans and specifications and a report

to the local governing body and in Suffolk county also to the county

sewer agency on the feasibility and adequacy thereof including

recommended modification and changes, if any;

(b) Inspections at reasonable intervals during and after the

construction of the sewage-works systems and a report to the local

governing body and in Suffolk county also to the county sewer agency on

the progress thereof;

(c) A report to the local governing body and in Suffolk county also to

the county sewer agency on the cost of construction of the sewage-works

system and appurtenances thereto and acquisition of all lands and rights

in land therefor, which, in turn, shall apprise the corporation of such

cost report. As a part of his report, the licensed engineer or

engineering firm shall have the right and duty to examine or have

examined the books and records, including all underlying documentation,

of the corporation as well as all reports submitted by the corporation

to governmental agencies or authorities to ascertain and verify the

costs of construction and acquisition. The services of a licensed

certified public accountant or licensed public accountant may be

utilized, where in the judgment of the engineer, they may be required to

properly ascertain and verify the fiscal information to be included in

the engineer's report.

(d) A report to the local governing body and in Suffolk county also to

the county sewer agency that construction has been completed in

accordance with the plans and specifications filed with and approved by

the department of health having jurisdiction.

2. The cost of any such retained licensed professional engineering

services shall be reimbursed to the local governing body or sewer agency

by the corporation, in accordance with an agreement which shall be

entered into between such local governing body or sewer agency and such

corporation stating the cost of such services and the terms for payment

thereof.