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USDA - RURAL DEVELOPMENT

USDA - RURAL DEVELOPMENT . Engineering Agreements and Amendments. RURAL DEVELOPMENT REGULATIONS. website http://www.rurdev.usda.gov/home.html. Professional Services.

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USDA - RURAL DEVELOPMENT

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  1. USDA - RURAL DEVELOPMENT Engineering Agreements and Amendments

  2. RURAL DEVELOPMENT REGULATIONS website http://www.rurdev.usda.gov/home.html

  3. Professional Services Owners are responsible for providing Engineering, Architectural, and Environmental Services for planning, designing, bidding, contracting, inspecting, and constructing their facilities.

  4. Engineering agreements are contracts between the Owner and the Engineer • RD must approve and concur • Basic components • Deliverables • Fees

  5. Qualification Based Selection Step 1 - Request for Qualifications Step 2 - Evaluation of FirmsStep 3 - InterviewStep 4 - Selection and Negotiation

  6. Qualification Based Selection • This is one of the few times that price is NOT the main concern • Review qualifications • Review proposal versus request for proposal • Technical merit • Weigh economical cost with technical merit

  7. Engineering Agreements Engineers Joint Contract Documents Committee (EJCDC) Standard Form of Agreement Between Owner and Engineer for Professional Services EJCDC E-500 (2008) AND RUS Bulletin 1780-26 (10/09)

  8. Engineering Agreements • It’s role/place in application • An agreement between owner and engineer as to what is going to be done, when, and for what cost • Prepared, reviewed, and signed in same time frame as PER • The agreement is to be submitted after the applicant receives a preliminary funding eligibility letter

  9. Main Components • First part • Articles 1-8 – Basic Contractual Clauses • RUS Bulletin 1780-26 Attachment C pgs 1-3 • Exhibit A – Engineer’s Services • Part-1 – Basic Services • Part-2 – Additional Services • RUS Bulletin 1780-26 Attachment C pgs 4-5

  10. Main Components • Exhibit B – Owner’s Responsibilities • Additional to basic contract section • RUS Bulletin 1780 Attachment C pg 6 • Exhibit C – Engineer’s Compensation • Replaced entirely with RUS Bulletin 1780-26 Attachment C pgs 17-20

  11. Main Components • Exhibit C – Engineer’s Compensation • Choose RUS-1 Basic Services, Lump Sum OR • Choose RUS-2 Basic Services, Hourly Rates PLUS • RUS-3 Resident Project Representative AND • RUS-4 Additional Services

  12. Other Agreement Components • Exhibit D – RPR Duties • Exhibit E – Notice of Acceptability of Work • Exhibit F – Construction Cost Limit (optional) • Exhibit G – Insurance • Exhibit H – Disputes (optional)

  13. Other Agreement Components • Exhibit I – Limitations of Liability (must be deleted) • Exhibit J – Special Provisions (optional) • Exhibit K – Amendment (include but leave blank)

  14. Guidance • RUS Bulletin 1780-26 has some guidance • Engineering Agreement / Amendment Guidelines (2/2010) provides more detailed guidance • Both are available from RD

  15. Guidance • Documents are not supposed to be changed • If changes must be made: - Must be minor word changes - Single line strike out for deletions - Bold all additions/modifications

  16. Engineering Costs • Preliminary Studies (PER) • Basic Services (Design Fees) • Additional Services (Geotechnical, Surveying) • Contract Administration • Construction Observation • Direct Expenses • Items particular to this project

  17. Engineering Costs Cont. Engineering fees must be broken down the same in all three locations: • Engineering Agreement • Engineering Invoices • Form E

  18. Professional Services • Fees must be reasonable • Fees must be comparable with similar work • Subject to Rural Development concurrence

  19. Deliverables • Know your deliverables and their due dates • Area Specialist should track these • PER • 60% design • 100% design • Construction Management • O&M manual, warranty inspection, others

  20. Negotiating Engineering Fees • Fee tables, guides, percent of construction • What if owner already agreed to a certain amount?

  21. Changes to Engineering Fees • All changes must be done by amendment, approved by RD, use Amendment Cover Sheet • Amendments shall include justification, hours, time frame, why this is beyond original scope

  22. Changes to Engineering Fees • Four copies, all with original signatures, of amendments are to be sent to State Engineer • Each copy shall include the amendment cover sheet, all documentation, Exhibit K, filled out as appropriate • Include one copy of a draft Form E • Copy Area Specialist

  23. Payments to Engineer • In general, due by Owner at time of deliverable • RD provides reimbursements, Owner may owe Engineer prior to RD’s reimbursement • Engineer invoices need to reflect agreement

  24. QUESTIONS ???

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