EXHIBIT J
Special Provisions – Lump Sum Method of Payment
The following Articles of the Agreement are amended to include the following agreements of the
parties.
Article 1 of the Agreement is amended and supplemented to include the following agreement of
the parties:
1.01.B. The Engineer shall submit a copy of all correspondence, progress reports,
inspections reports, and other written communications to the funding agencies. The Engineer
shall make available for inspection the results of tests of materials and workmanship
requested by the funding agencies.
Article 3 of the Agreement is amended and supplemented to include the following agreement of
the parties:
3.02.E. If Engineer fails, through its own fault, to complete the performance required within
this agreement within the time set forth, as duly adjusted, then Owner shall be entitled to the
recovery of direct damages resulting from such failure.
Article 4 of the Agreement is amended and supplemented to include the following agreement of
the parties:
4.01.A. Preparation and Submittal of Invoices. {Change 30 days to 60 days.} The invoice
will be formatted to delineate the separate portions for agency funding purposes and in a form
acceptable to the funding agencies. A brief progress report summarizing project activities in
the billing period shall be submitted with each Engineer’s invoice.
4.02.B.Failure to Pay: {Change 30 days to 60 days.} The Owner shall initiate approval of
payment promptly upon receipt of a statement from Engineer, and payment shall be made
within ten (10) days of receipt of moneys from the funding agencies.
Final payment to Engineer is not due until Engineer submits to the Owner an affidavit stating
that all payrolls, bills for materials and equipment and other indebtedness connected with the
Agreement for which the Owner or its property might in any way be responsible, have been
paid or otherwise satisfied except for those to be paid with the proceeds from the final
payment and retainage.
The acceptance by Engineer of final payment shall constitute a waiver of all claims by
Engineer, and waiver of all claims by the owner except those arising from:
1. Unsettled liens.
2. Unapproved or unacceptable work.
3. Failure of the work to comply with the requirements of the Agreement.
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4. Terms of any special warranties required by the Agreement.
Article 6 of the Agreement is amended and supplemented to include the following agreement of
the parties:
6.03 Use of Documents: {Note the following sections are changed. 6.03.C through F are
retained unchanged from E-500}
A. All Documents are instruments of service in respect to this Project, and Engineer shall
retain an ownership retain an ownership and property interest therein (including the
copyright and the right of reuse at the discretion of the Engineer) whether or not the Project
is completed. {Note last sentence of E-500, 6.03.A is stricken.}
B. Either party to this Agreement may rely that data or information that the party receives
from the other party by mail, hand delivery, facsimile, or electronic media are the items that
the other party intended to send. If there is a discrepancy between the electronic files and
the hard copies, the hard copies govern. If the parties agree to other electronic transmittal
procedures, such are set forth in Exhibit J. Consensus DOCS 200.2 Electronic
Communications Protocol Addendum may be attached to Exhibit J and become a part of
this Agreement. {Note: Updated to allow electronic media and communication. Also, use
of Consensus DOCS 200.2 is allowed.}
6.04.B Insurance: This section is deleted in its entirety.
6.05.A.1 By Owner: Owner may suspend the project upon seven days written notice to
Engineer. If the project is suspended by the Owner for more than 30 days and is then resumed,
the Engineer’s compensation may be equitably adjusted, as mutually agreed, using Exhibit K,
Amendment to Owner Engineer Agreement, to provide for expenses incurred in the
interruption and resumption of Engineer’s services.
Article 7 of the Agreement is amended and supplemented to include the following agreement of
the parties:
7.01.A.24 Resident Project Representative – The authorized representative of Engineer
assigned to assist Engineer at the Site during the Construction Phase. As used herein, the
term Resident Project Representative or "RPR" includes any Resident Inspector, assistants or
field staff of Resident Project Representative agreed to by Owner. The duties and
responsibilities of the Resident Project Representative, if any, are as set forth in Exhibit D.
7.01.A.34. Agency – The Rural Utilities Service or any designated representative of Rural
Utilities Service, including USDA, Rural Development and representatives of other funding
agencies.
Article 8 of the Agreement is amended and supplemented to include the following agreement of
the parties:
8.05 Federal Requirements
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A. Agency Concurrence. Signature of a duly authorized representative of Agency in the
space provided on the signature page of EJCDC form E-500 hereof does not
constitute a commitment to provide financial assistance or payments hereunder but
does signify that this Agreement conforms to Agency’s applicable requirements. This
Agreement shall not be effective unless the Funding Agency’s designated
representative concurs. No amendment to this Agreement shall be effective unless
the Funding Agency’s designated representative concurs.
B. Audit and Access to Records. Owner, Agency, the Comptroller General of the United
States, or any of their duly authorized representatives, shall have access to any books,
documents, papers, and records of the Engineer which are pertinent to the Agreement,
for the purpose of making audits, examinations, excerpts, and transcriptions. Engineer
shall maintain all required records for three years after final payment is made and all
other pending matters are closed.
C. Restrictions on Lobbying. Engineer and each Consultant shall comply with
Restrictions on Lobbying if they are recipients of engineering services contracts and
subcontracts that exceed $100,000 at any tier under a Federal loan that exceeds
$150,000 or a Federal grant that exceeds $100,000. If applicable, Engineer must
complete a certification form on lobbying activities related to a specific Federal loan
or grant that is a funding source for this Agreement. Each tier certifies to the tier
above that it will not and has not used Federal appropriated funds to pay any person
or organization for influencing or attempting to influence an officer or employee of
any agency, a member of Congress, or an employee of a member of Congress in
connection with obtaining any Federal contract, grant, or any other applicable award.
Each tier shall disclose any lobbying with non-Federal funds that takes place in
connection with obtaining any Federal award. Certifications and disclosures are
forwarded from tier to tier up to the Owner. Necessary certification and disclosure
forms shall be provided by Owner.
D. Suspension and Debarment. Engineer certifies, by signing this Agreement, that neither
it nor its principals are presently debarred, suspended, proposed for debarment,
declared ineligible or voluntarily excluded from participation in this transaction by
any Federal department or agency. Engineer will not contract with any Consultant for
this project if it or its principals is presently debarred, suspended, proposed for
debarment, declared ineligible, or voluntarily excluded from participation in this
transaction by any Federal department or agency. Necessary certification forms shall
be provided by the Owner. The Engineer will complete and submit a form AD-1048,
“Certification Regarding Debarment, Suspension, Ineligibility and Voluntary
Exclusion – lower tier transactions” to the Owner who ill forward it the USDA, Rural
Development processing office.
The following Exhibits of the Agreement are amended to include the following agreements of
the parties.
Exhibit A
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A.1.01.A.5: The Report mentioned in Article 1.01.A.5 of Exhibit A to the Agreement is the
Preliminary Engineering Report as defined in RUS Bulletins 1780-2, 1780-3, 1780-4, and
1780-5. This document must meet customary professional standards as required by
7 CFR 1780.55.
A.1.01.A.6: The Environmental Report defined at 7 CFR 1794 and RUS Bulletin 1794A-602
is required under Article 1.01.A.6 of Exhibit A to the Agreement.
A.1.02.A: After the words “acceptance by Owner” insert “and concurrence by Agency.”
A.1.02.A.3: The Engineer will provide any additional explorations and tests of subsurface
conditions at or contiguous to the Site necessary for design of the project.
A.1.02.A.5: Items that will be designed by the contractor shall be included in the list.
A.1.03.A.1: The specifications shall conform to the Master Format of the Construction
Specifications Institute. The referencing other specifications using the Master Format are
not acceptable; they must be included in the contract documents.
A.1.03.A.4: Add the following tasks:
1. The Engineer will hold an informal design review meeting between the Owner and the
Agency at approximately 60% of completion of the bidding documents.
2. The Engineer will certify on the contract drawings that the buildings included in this
project meet the Agency Seismic Safety requirements of 7CFR1792 Subpart C. All
facilities intended for or accessible to the public or in which physically handicapped
persons may be employed must be developed in compliance with the Architectural
Barriers Act of 1968 and the Americans with Disabilities Act of 1990.
3. The Engineer shall identify the building codes and accessibility standards used in the
design, and certify that the final plans and specifications comply with those standards
as well as the planning requirements of this subpart.
A.1.03.A.5: After the word “counsel” add “and Agency.”
A.1.04.A.7: Upon award of the Construction Contract, the Engineer shall furnish 5
executed copies of the Contract Documents.
A.1.05.A.4: Pre-Construction Conference: Participate in and chair a Pre-Construction
Conference prior to commencement of Work at the Site.
A.1.05.A.18.a: The visits described in Article A.1.05.A.7.a shall be at least monthly.
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A.1.05.A.18.b: The Engineer shall document visit to the project site in writing on standard
inspection report forms approved by the Agency with copies furnished to the Owner,
Agency, and Contractor.
A.1.05.A.18.c: Upon Substantial Completion, the Engineer shall provide a copy of the
Certificate of Substantial Completion to the Agency.
A.1.05.A.18.d: The Engineer shall prepare Record Drawings showing appropriate record
information based on Project annotated record documents received from Contractor, and
furnishing such Record Drawings to Owner.
A.1.05.A.18.e: The Engineer shall prepare the operation and maintenance manuals and furnish
2 copies of the manuals to the Owner. Additional copies shall be furnished to the Agency
or regulatory agencies if required.
A.2.01.A.3: Add the following: Changes due to Agency review shall not be considered
additional services.
A.2.01.A.17: [Deleted].
A.2.01.A.18: [Deleted].
Exhibit B
B.2.01.C.4: The information items are existing items in control of the Owner.
B.2.01.S.a: The Owner shall pay the Contractor any amounts due under the Construction
Contract, but must obtain Agency concurrence prior to issuing such payment.
Exhibit C
1. Exhibit C is deleted in its entirety and replace with Compensation Packet RUS-1
Professional Services – Lump Sum Method of Services in Wyoming Guide to Bulletin
1780-26.
Exhibit D
D.1.01.C: Full time inspection is not required for those items that can be verified by visual
inspection at a later date in the project.
Exhibit H
Exhibit H – [Delete]
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Exhibit I
Exhibit I – [Delete]
Exhibit K
1. Exhibit K is deleted in its entirety and replaced with the following:
a. Wyoming Guide to Bulletin 1780-26, Exhibit K – Lump Sum Method of Payment.
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