[Federal Register Volume 60, Number 248 (Wednesday, December 27, 1995)]
[Proposed Rules]
[Pages 66936-66951]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-31096]
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DEPARTMENT OF AGRICULTURE
Rural Utilities Service
7 CFR Part 1755
Telecommunications Program--Postloan Engineering Service Contract
Agency: Rural Utilities Service, USDA.
Action: Proposed rule.
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SUMMARY: The Rural Utilities Service (RUS), successor to the Rural
Electrification Administration (REA), hereby proposes to amend its
contract for the procurement of postloan engineering services for
telecommunications systems. This action would codify the terms and
conditions of the agreement to be executed between RUS
telecommunications borrowers and consulting engineering firms hired to
design and oversee construction of telecommunications facilities
financed with RUS financing assistance. Several years have passed since
these regulations were last amended and changes in common contract
language have occurred. These amendments would allow contracts to be
more consistent with common practice.
DATES: Written comments must be received by RUS or carry a postmark or
equivalent by January 26, 1996.
ADDRESSES: Written comments should be addressed to Mr. Orren E.
Cameron, III, Director, Telecommunications Standards Division, Rural
Utilities Service, U.S. Department of Agriculture, Ag Box 1598, 14th
and Independence Ave., SW, Washington, DC 20250-1598. RUS requires a
signed original and 3 copies of all comments (7 CFR 1700.30 (e)).
Comments will be available for public inspection during regular
business hours (7 CFR 1.27(b)).
FOR FURTHER INFORMATION CONTACT: Mr. Orren E. Cameron III, Director,
Telecommunications Standards Division, Rural Utilities Service, U.S.
Department of Agriculture, Ag Box 1598, Washington, DC 20250-1598,
telephone number (202) 720-8663.
SUPPLEMENTARY INFORMATION:
Executive Order 12866
This proposed rule has been determined to be not significant for
purposes of Executive Order 12866 and therefore has not been reviewed
by OMB.
Executive Order 12778
This proposed rule has been reviewed under Executive Order 12778,
Civil Justice Reform. If adopted, this proposed rule will not: (1)
Preempt any State or local laws, regulations, or policies, unless they
present an irreconcilable conflict with this rule; (2) Have any
retroactive effect; and (3) Require administrative proceedings before
parties may file suit challenging the provisions of this rule.
Regulatory Flexibility Act Certification
The Administrator of RUS has determined that the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.) does not apply to this rule.
Information Collection and Recordkeeping Requirements
The reporting and recordkeeping requirements contained in the
proposed rule were approved by the Office of Management and Budget
(OMB) pursuant to the Paperwork Reduction Act of 1995 (44 U.S.C.
Chapter 35, as amended) under control number 0572-0059.
Send questions or comments regarding this burden or any other
aspect of these collections of information, including suggestions for
reducing the burden, to F. Lamont Heppe, Jr., Deputy Director, Program
Support Staff, Rural Utilities Service, Ag Box 1522, Washington, DC
20250-1522.
National Environmental Policy Act Certification
RUS has determined that this proposed rule will not significantly
affect the quality of the human environment as defined by the National
Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.). Therefore,
this action does not require an environmental impact statement or
assessment.
Catalog of Federal Domestic Assistance
The program described by this proposed rule is listed in the
Catalog of Federal Domestic Assistance Programs under 10.851, Rural
Telephone Loans and Loan Guarantees. This catalog is available on a
subscription basis from the Superintendent of Documents, the United
States Government Printing Office, Washington, DC 20402-9325.
Executive Order 12372
This proposed rule is excluded from the scope of Executive Order
12372, Intergovernmental Consultation. A Notice of Final Rule entitled
Department Programs and Activities Excluded from Executive Order 12372
(50 FR 47034) exempts RUS loans and loan guarantees to governmental and
nongovernmental entities from coverage under this Order.
National Performance Review
This regulatory action is being taken as part of the National
Performance Review program to eliminate unnecessary regulations and
improve those that remain in force.
Background
Pursuant to 7 CFR part 1753, subpart B, RUS telecommunications
borrowers must use a contract to procure engineering services for
design and construction of facilities which qualify as ``major'' under
that part. The contract required is the RUS Form 217, Postloan
Engineering Services Contract.
The Form 217 contract was developed by REA (predecessor to RUS) to
meet the specific requirements of rural telecommunications borrowers,
and to meet the objectives of the RE Act. It contains provisions to
facilitate the use of RUS-required contract forms for the procurement
of outside plant, central office equipment, special transmission
equipment, and exchange switching equipment buildings. Most of the past
[[Page 66937]]
revisions of the Form 217 contract have been triggered by major
revisions of these other RUS construction contracts. Prior to this
action, the RUS Form 217 contract has never been codified.
A major feature of the Form 217 contract is that engineering fees
are agreed to in a manner that makes it possible to estimate them
accurately in advance. This helps RUS ensure that funding set aside for
the construction and engineering of a project will be adequate.
On November 6, 1992, RUS published an advance notice of proposed
rulemaking (57 FR 53044) to invite comments for possible revisions to
the Form 217. Comments received were considered in developing this
proposed rule. The changes made in this proposed rule are evolutionary.
The duties and responsibilities of the contracting engineer, and its
named representatives, are specified in more detail. Design and
construction monitoring activities are more carefully defined. Many
terms used throughout the contract form are now defined. Details for
handling termination by the owner and the engineer are set forth. RUS
Form 506, used for estimating and closing the contract, is made a part
of the contract. A number of requirements of 7 CFR part 1753, subpart B
are brought in to the contract, including RUS's reduced progress
reporting requirements.
List of Subjects in 7 CFR Part 1755
Loan programs--communications, Reporting and recordkeeping
requirements, Rural areas, Telecommunications.
For reasons set out in the preamble, RUS proposes to amend Chapter
XVII of title 7 of the Code of Federal Regulations as follows:
PART 1755--TELECOMMUNICATIONS STANDARDS AND SPECIFICATIONS FOR
MATERIALS, EQUIPMENT AND CONSTRUCTION
1. The authority citation for part 1755 continues to read as
follows:
Authority: 7 U.S.C. 901 et seq., 1921 et seq.
2. Section 1755.217 is added to read as follows:
Sec. 1755.217 Postloan Engineering Service Contract, RUS Form 217.
Engineering services provided for major construction are to be
covered by the Postloan Engineering Services Contract, RUS Form 217.
The requirements and procedures for the use of this contract are
contained in 7 CFR 1753.17.
Postloan Engineering Services Contract--Telecommunications Systems
AGREEMENT made ________, ____, between ________ (hereinafter
called the ``Owner'') and ________ (hereinafter called the
``Engineer'').
In consideration of the mutual undertakings herein contained,
the parties hereto agree as follows:
Section 1. Definitions. For purposes of this Agreement the
following definitions shall be used:
Administrator. The Administrator of RUS or personnel delegated
authority to act for the Administrator.
Borrower's Environmental Report. An environmental study as
described in 7 CFR 1794. For the purposes of this contract, this is
the level of environmental review as described in 7 CFR 1794
required for the Project by RUS. In most cases of telecommunications
construction, this will be a Borrower's Environmental Report.
Contractor. A provider of goods or services for the Project,
other than the Engineer.
Construction Administration. The coordination of construction
activities.
Construction Drawings. The drawings developed through the
Staking used to guide the construction of outside plant facilities.
Cut Sheets. The complete and sequential plans for Cutover.
Cutover. The orderly integration of new facilities with existing
facilities.
Description of Project. The work and facilities listed by
principal subdivisions in Table 1.
Inspect. To monitor and examine the work of the Contractor,
compare the work to the contract, and note the details and
quantities of construction on records and progress reports.
Inspector. A representative of the Engineer who Inspects
construction and reports compliance or noncompliance to the Resident
Engineer.
Loan Design. Supplemental information which supports a loan
application, as described in 7 CFR 1737.32.
Marker. A physical indicator at the construction site to guide
the Contractor in construction of facilities.
Project. The telecommunications construction and procurements
financed by a particular RUS loan.
Resident Engineer. The representative of the Engineer who is
delegated full time ``on site'' engineering responsibilities for
Construction Administration.
Staking. The determination of the approximate location of the
facilities to be placed and creation of schematic drawings which
show the facilities located with respect to the physical terrain.
Work Sector. A localized portion of the Project.
Section 2. General.
2.01 Financing of the Project. All or part of the financing of
the Project, including costs of materials, construction,
installation, and engineering, shall be by a loan administrated by
RUS.
If the Project is financed in part by the Rural Telephone Bank,
an agency of the United States of America, the references in this
Agreement to ``The United States of America'' and the ``Government''
shall mean the ``Rural Telephone Bank'' as well, and the references
to the ``Administrator'' shall mean the ``Governor'' of the Rural
Telephone Bank as well. If the Project is financed wholly by the
Rural Telephone Bank, the references to ``The United States of
America'' and the ``Government'' shall mean the ``Rural Telephone
Bank'' and the references to the ``Administrator'' shall mean the
``Governor'' of the Rural Telephone Bank.
2.02 Compliance with Regulations. The objective of this
Agreement is for the Owner to obtain assistance in completing a
Project, while complying with RUS postloan construction regulations.
The Engineer shall, therefore, perform all services hereunder, and
render advice and assistance, so as to enable the Owner to comply
with 7 CFR Part 1753 and other applicable RUS regulations.
2.03 General Obligation. The Engineer shall, consistent with
sound professional practices, diligently and competently render the
engineering services required in this Agreement. These engineering
services shall be reasonably necessary or advisable for the
expeditious, economical, and sound design and construction of the
Project listed in Table 1 by means of the services described in this
agreement and its attachments. The Engineer shall also render other
preparatory work as is necessary to place such portion of the
Project in service, except where such duties are excluded from the
terms of this Agreement. The enumeration of specific duties and
obligations to be performed by the Engineer and included herewith,
shall not be construed to limit the foregoing general undertaking of
the Engineer, with reference to such portion of the Project.
2.04 Description of Project. The Project shall consist of the
subdivisions of the work and facilities listed by exchanges in Table
1 attached hereto.
Section 3. Miscellaneous.
3.01 Insurance. The Engineer shall take out and maintain
throughout the contract period the minimum insurance as required in
Subpart C of 7 CFR part 1788 in effect at the date of this
Agreement.
3.02 Project Schedule. The Engineer shall prepare in
collaboration with the Owner, a work and progress report schedule to
facilitate coordination of activities for Cutover of the Owner's
Project. The Engineer shall report construction progress to the
Owner monthly during all times when one or more contracts are open.
3.03 Plans and Specifications. Complete and detailed plans and
specifications, drawings, maps and other engineering documents as
required for the construction of the Project (all of the foregoing
being herein sometimes collectively called the ``plans and
specifications''), shall be prepared by the Engineer, pursuant to
the various attachments to this Agreement, and made a part hereof.
3.04 Scope of services. The Engineer shall not be obligated to
perform any services for the Project or any part thereof except to
the extent that the Project as defined in Table 1, (or the parts
thereof and the services related thereto) are delineated in (1) the
attachments to this Agreement and (2) the plans and specifications
approved by the Owner and the Administrator, as they may be amended
from time to time, prepared pursuant to this Agreement.
[[Page 66938]]
3.05 Standards. All maps, drawings, plans, specifications,
estimates, studies and other engineering documents required to be
prepared or submitted by the Engineer under this Agreement shall
conform to the applicable standard specifications and other forms
prescribed by the Administrator and in effect at the date of this
Agreement.
3.06 Termination by Owner. The Owner may at any time terminate
this Agreement by giving notice to the Engineer, in writing, to that
effect not less than thirty (30) days prior to the effective date of
termination specified in this notice. Such notice shall be deemed
given if delivered or mailed to the last known address of the
Engineer. From and after the effective date specified in such notice
this Agreement shall be terminated.
When termination is initiated by the owner, compensation for
services hereunder shall be computed as far as possible in
accordance with the provisions of the applicable attachment to this
Agreement. To the extent that the provisions of any such attachment
cannot be applied because construction is incomplete at the
effective date of such termination, then the Engineer shall be paid
for engineering services in respect to such incomplete construction,
a sum which shall bear the same ratio to the compensation which
would have been payable under the provisions of any such attachment
to this Agreement, if such construction had been completed. If
requested by the Owner, the Engineer shall submit to the Owner in
duplicate a certified statement of the Engineer's actual expenses in
respect of such incomplete construction. All compensation invoiced
by the Engineer and payable under this paragraph shall be due and
payable thirty (30) days after the approval by the Owner and the
Administrator of the amount due. In any case, compensation shall be
due 30 days after the date Project documentation is delivered to the
Owner under paragraph 3.08 of this Agreement.
3.07 Termination by the Engineer. The Engineer shall have the
right, by giving to the Owner not less than thirty (30) days notice
in writing, to terminate this Agreement if the Engineer shall have
been prevented by conditions beyond the control and without the
fault of the Engineer: (i) from commencing performance of this
Agreement for a period of twelve (12) months from the date of this
Agreement; or (ii) from proceeding with the completion of full
performance of any remaining services, required of the Engineer
pursuant to this Agreement, for a period of six (6) months from the
date of last performance by the Engineer of other services required
pursuant to this Agreement. From and after the effective date
specified in such notice this Agreement shall be terminated, except
that the Engineer shall be entitled to receive compensation for
services performed hereunder, computed and payable in the same
manner as set forth in paragraph 3.06.
3.08 Project Documents. Upon final payment by the Owner to the
Engineer in accordance with the Final Statement of Engineering Fee,
RUS Form 506, the following documents in final form become the
property of the Owner and may be used by the Owner for Project
operation and future development:
1. ``As built'' system maps, in master form (electronic or
original hard copy)
2. Cable schematics
3. Construction sheets
4. Cable assignment sheets
5. All contract documents including attached plans and
specifications and final inventories.
All other documents and engineering records, including
preliminary forms of the above documents, remain the property of the
Engineer.
Upon termination of this Agreement the Engineer shall deliver to
the Owner at a mutually agreeable place within 5 working days after
the date of termination all Project documents (electronic or
original hard copy) including records, map tracings, plans and
specifications, test data, and field notes.
If requested by the Owner upon completion of the Project, the
Engineer shall deliver to the Owner those documents which are the
Owner's property, at a mutually agreed upon place and time.
3.09 Employee's Qualifications. The obligations and duties to
be performed by the Engineer under this Agreement shall be performed
by persons qualified to perform such duties efficiently. The
Engineer, if the Owner shall so direct, shall promptly replace any
Resident Engineer or other person employed by the Engineer in
connection with the Project.
For information of the Owner and the Administrator, the Engineer
shall file with the Owner statements signed by the Engineer of the
qualifications, including resumes of specific experience, and the
duties to be assigned to each Resident Engineer, Inspector and such
other personnel assigned to the Project as may be requested by the
Owner and Administrator.
The term Resident Engineer and Inspector, as used in this
Agreement shall mean a person properly trained and experienced to
perform the services required under the terms of this Agreement, and
does not mean that the person performing those duties must be a
licensed or a registered professional engineer.
3.10 License. The Engineer shall comply with all applicable
statutes pertaining to engineering and warrants that ________ (Fill
in name of individual) who shall be in responsible charge of the
Project possesses license number ________ issued by the State of
________ on the ____ day of ________.
3.11 Payments of Engineer's Employees. For each invoice the
Engineer, if requested by the Owner, shall furnish to the Owner as a
prior condition to payment, a certificate to the effect that all
salaries or wages earned by the employees of the Engineer in
connection with the Project have been fully paid by the Engineer up
to and including a date not more than thirty (30) days prior to the
date of such invoice. Before final payment under this Agreement the
Engineer shall furnish to the Owner a certificate that all of the
employees of the Engineer have been paid for services rendered by
them in connection with the Project, and that all other obligations
which might become a lien upon the Project have been paid.
3.12 Engineer's Records. The Owner and the Administrator shall
have the right to Inspect and audit all payrolls, records, and
accounts of the Engineer relevant to the work performed for the
purposes of this Agreement and the Engineer agrees to provide all
reasonable facilities necessary for such inspection and audit.
3.13 Compensation. For the purpose of this Agreement,
compensation for each type of work covered by the attachments and
thereby made a part of this Agreement shall be as outlined in said
attachments except where compensation is listed as being a ``time
and expense'' basis, in which case the rates in Table 2 attached
hereto (or as subsequently modified by approved amendments to this
Agreement) shall apply.
3.14 Taxes. Any taxes or levies (excluding Federal, State, and
local income taxes) which may be assessed against the Engineer for
services performed or payments for services performed by the
Engineer per this Agreement shall be in addition to the compensation
set forth in the attachments to this Agreement. Such taxes or levies
when paid by the Engineer shall be stated separately on all invoices
and paid by the Owner.
3.15 Interest. Interest at the rate of ____ percent (____%) per
annum shall be paid by the Owner to the Engineer on any unpaid
balance due the Engineer, commencing thirty (30) days after the
receipt of the Engineer's invoice, provided that the delay in
payment beyond such time shall not have been caused by any
conditions within the control of the Engineer. Such compensation
shall be paid ten (10) days after the amount of interest has been
determined by the Engineer and the Owner. The start date of interest
accrual is irrespective of the date of the Owner's approval of the
invoice, but the interest computation shall be based on the invoice
approved by the Owner.
3.16 Non-Assignment. The obligations of the Engineer under this
Agreement shall not be assigned without the approval in writing of
the Owner and the Administrator.
3.17 Attachments. The following listed attachments, when
checked in appropriate boxes, are attached to and made a part of
this contract, by this reference:
____ RUS Form 217a--Project Design, Assistance and Coordination;
____ RUS Form 217b--Central Office Equipment Engineering
Services;
____ RUS Form 217c--Transmission Facilities Engineering
Services;
____ RUS Form 217d--Building Engineering Services;
____ RUS Form 217e--Outside Plant Staking Services;
____ RUS Form 217f--Outside Plant Contract Document Phase
Engineering Services; and
____ RUS Form 217g--Outside Plant Construction Phase Engineering
Services.
3.18 Service Addition. When a service listed in paragraph 3.17
above is added to this contract after execution, an amendment to the
Contract is required.
3.19 Engineering Fee. The Engineer shall provide an initial
estimate, monthly updates and a final statement of engineering fees
using RUS Form 506, Statement of
[[Page 66939]]
Engineering Fees, (Exhibit B) or a facsimile thereof. Where a fixed
amount or percentage is used in the attachments checked in section
3.17 above, the same fixed amount or percentage shall be used in the
statement of engineering fees.
3.20 Contract Amendment. When the total engineering fee exceeds
the initial contract estimate by 20% or more, an amendment to the
contract shall be required as set forth in 7 CFR Part 1753.
3.21 Compensation for Corrections. No compensation shall be due
or payable to the Engineer, pursuant to this Agreement, for any
engineering services performed by the Engineer in connection with
effecting of corrections to the design or construction of the
Project, when such corrections are required as a direct result of
failure by the Engineer to properly fulfill one or more of the
Engineer's obligations as set forth in this Agreement.
3.22 Force Majeure. The Engineer shall not be held responsible
for Project delays which are a result of Owner delays, Contractor
delays or acts of God. The Engineer shall not be entitled to
additional compensation unless the delays are the result of the
Owner's negligence.
3.23 Contract Beneficiaries. Nothing under this Agreement shall
be construed to give any rights or benefits in this Agreement to
anyone other than the Owner, the Engineer and the Administrator, and
all duties and responsibilities undertaken pursuant to this
Agreement shall be for the sole and exclusive benefit of the Owner,
Engineer and Administrator and not for the benefit of any other
party. This paragraph does not relieve the Engineer of any
obligation or responsibilities conferred upon licensed engineers
under State law.
3.24 Addenda. Any addenda required for this contract should be
placed before Table 1.
3.25 Contract Completion and Closeout. Upon completion of all
services covered by this Contract, the Engineer shall execute the
Final Statement of Engineering Fee, RUS Form 506, and submit copies
to the Owner as prescribed under 7 CFR 1753 Subpart B.
IN WITNESS WHEREOF, the parties hereto have caused this
Agreement to be duly executed.
________ Owner
By ________ President
ATTEST: ________ Secretary
________ Engineer
By ________ President, Partner (Strike out inapplicable
Designation--If partnership, all partners shall sign)
ATTEST: ________ Secretary
Table 1
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Description of project (Attach supplemental sheets, as required)
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____ EXCHANGE
MILEAGE OF OUTSIDE PLANT ____
EQUIPMENT BUILDING \1\ ____
CENTRAL OFFICE EQUIPMENT \1\ ____
ASSOCIATED FACILITIES \2\ ____
OTHER \3\ ____
EXCLUDED SERVICES \2\ ____
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\1\ Insert ``new'' or ``additional'' or ``none'' as appropriate.
\2\ Insert ``none'' or list as appropriate.
\3\ Describe.
Table 2
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Schedule of Time, Expense and Equipment Usage Rates, Dated ____
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1. Time Rates. Includes all costs associated with the employees except
for those itemized in Paragraph 2, below. Job Classification and
Employee Name, if Known ________ Hourly Billing Rate ____ (Attached
supplemental sheet, as required)
2. Expense Rates. These shall include subsistence expense, if any, paid
to (or on behalf of) employees; plus reasonable employee transportation
costs; plus the cost of printing (including mailing and transportation
expenses), telephone, facsimile, and other materials and equipment
related to the Project.
3. Test Equipment and Computer Usage Rates. Description of Equipment
________ Hourly Billing Rate ____ (Attached supplemental sheet, as
required)
4. Review of Rates. To the extent that the completion date of the
Agreement, to which this Table 2 applies, shall extend 12 months beyond
the date when this Agreement is originally executed; and on each
subsequent anniversary of such Agreement this schedule of rates shall
be verified or modified in writing by the Parties, to new rates
mutually agreeable to the Parties to such Agreement, until Completion
or Termination of such Agreement as provided therein.
5. Information for Owner. With each invoice for payment, the Engineer
shall furnish the Owner information of the type outlined in a jointly
approved format similar to that shown in Exhibit A.
6. Compensation Payment. Unless otherwise specified in this Agreement,
compensation payable pursuant to Table 2 shall be due and payable ten
(10) days after approval of the Owner of the service performed and the
invoice of the Engineer, including the detail breakdown of the cost by
the portion of the Project and section of the contract for which the
service was performed. The Engineer shall be notified, within ten (10)
days of receipt of invoices, of any discrepancies which require
correction or addition as precedent for payment of such invoices by the
Owner.
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EXHIBIT A
Suggested Information and Format for Time and Expense Billing
Certificate of Time, Expense and Equipment Usage Charges
Project Designation:---------------------------------------------------
Postloan Engineering Contract, RUS Form 217:---------------------------
Name:------------------------------------------------------------------
Dated:-----------------------------------------------------------------
Classification:--------------------------------------------------------
Invoice period ending:-------------------------------------------------
Date:------------------------------------------------------------------
Service Performed *-----------------------------------------------
\*\ Service performed to be included by description of activity
and by reference to paragraph number in RUS Form 217 Attachment.
Example: Pre-Bid Conference: 217c 3 refers to conducting Pre-Bid
Conference.
---------------------------------------------------------------------------
Hourly Rate----------------------------------------------------------
Number of Hours------------------------------------------------------
Extended Costs-------------------------------------------------------
Miles Driven-----------------------------------------------------------
Cost Per Mile--------------------------------------------------------
Extended Costs-------------------------------------------------------
Other Transportation---------------------------------------------------
Air Travel-----------------------------------------------------------
Other (Explain)------------------------------------------------------
Extended Costs-------------------------------------------------------
Lodging----------------------------------------------------------------
Subsistence------------------------------------------------------------
[[Page 66940]]
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Computer---------------------------------------------------------------
Rate-----------------------------------------------------------------
Hours----------------------------------------------------------------
Extended Costs-------------------------------------------------------
Date:------------------------------------------------------------------
Equipment Rental:
COE Test Equipment-----------------------------------------------------
Hourly Rate----------------------------------------------------------
Number of Hours------------------------------------------------------
Extended Costs---------------------------------------------------------
O. P. Test Equipment---------------------------------------------------
Hourly Rate----------------------------------------------------------
Number of Hours------------------------------------------------------
Extended Costs-------------------------------------------------------
Transmission Testing---------------------------------------------------
Hourly Rate----------------------------------------------------------
Number of Hours------------------------------------------------------
Extended Costs-------------------------------------------------------
OTHER EXPENSES:
Telephone Charges------------------------------------------------------
Facsimile Charges------------------------------------------------------
Printing---------------------------------------------------------------
Construction Sheets--------------------------------------------------
Maps-----------------------------------------------------------------
SUBMITTED (by Engineer):-----------------------------------------------
Title------------------------------------------------------------------
Date-------------------------------------------------------------------
APPROVED (by Owner):---------------------------------------------------
Title------------------------------------------------------------------
Date-------------------------------------------------------------------
BILLING CODE 3410-15-P
[[Page 66941]]
[GRAPHIC][TIFF OMITTED]TP27DE95.000
[[Page 66942]]
[GRAPHIC][TIFF OMITTED]TP27DE95.001
BILLING CODE 3410-15-C
[[Page 66943]]
Attachment--RUS Form 217a
Project Design, Assistance and Coordination
Section 1. Project Design.
A. Design. The Project shall be constructed in accordance with
the current Loan Design and Borrower's Environmental Report. Such
Loan Design shall be based on the latest applicable criteria as
specified by the Owner and the Administrator.
When necessary for the preparation of plans and specifications,
the Engineer shall, upon request of the Owner and with the approval
of the Administrator: (1) Revise as necessary the Loan Design and
Borrower's Environmental Report; (2) prepare or revise as necessary
the outside plant design; (3) make measurements and analyses of
existing traffic; (4) make tests of existing cable, including the
determination of field locations for treatment of existing
facilities associated with installation of carrier equipment; and
(5) submit the resulting Loan Design and Borrower's Environmental
Report to the Owner in a format suitable for approval by the
Administrator.
B. Change in Design. If, after the approval of the Loan Design,
Borrower's Environmental Report, or plans and specifications by the
Owner and the Administrator, it shall be determined by the Owner
that any change is required, the Engineer shall prepare such
revisions in the Loan Design, Borrower's Environmental Report, and
plans and specifications, or any part thereof, as is necessitated by
the changes in requirements for service, design criteria, or other
reasons arising during the performance of services for the Project.
Section 2. Assistance To Owner. The Engineer, to the extent
requested by the Owner, shall assist the Owner with obtaining
agreements and authorizations required for the Project, including
without limitation the furnishing of engineering information and
drawings and participating in obtaining:
A. Toll, EAS, operator assistance, special services and other
connecting company commitments;
B. Joint use or joint occupancy agreements with other utilities;
C. Permits for crossing public roads, railroads, navigable
streams or bodies of water;
D. Right-of-way authorizations, easements, and other permits
necessary for encroachment on public or private lands;
E. Authorizations from regulatory bodies and franchises from
public bodies; and
F. Environmental studies and clearances.
Section 3. Coordination. The Engineer, to the extent requested
by the Owner, shall coordinate the work of others engaged in the
Project, including work performed or supervised by the Owner,
architect, and other engineers, to facilitate expeditious and
economical completion of the Project. Services pursuant to this
section shall be in addition to, and shall not include, services
required by other provisions of this Agreement.
Section 4. Plant Records. The Owner shall furnish to the
Engineer current and accurate plant records. If such records are not
available the Owner may direct the Engineer to update existing
records to current status. This may include conversion of existing
records to a new medium.
Section 5. Compensation. The Owner shall pay the Engineer for
services performed pursuant to this RUS Form 217a the ``time and
expense'' compensation as defined in Table 2 of this Agreement.
Section 6. Section Reference. Unless otherwise specified or
indicated, any reference to ``section'' shall mean within this
attachment (RUS Form 217a - Project Design, Assistance and
Coordination).
Attachment--Form 217b
Central Office Equipment Engineering Services
Section 1. Review of Requirements. Prior to the preparation of
plans and specifications, the Engineer shall review with the Owner
the current and future requirements of the Project, in respect to
central office equipment additions, replacements, modifications or
complete new offices. The Engineer, to the extent requested by the
Owner, shall prepare such studies as the Owner may require to
support the selection by the Owner of the final design plan.
Section 2. Plans and Specifications and Contracts.
A. Preparation of Plans and Specifications. Plans and
specifications shall be prepared by the Engineer in accordance with
standard RUS specifications and requirements for central office
equipment, and shall be submitted to the Owner in a format suitable
for approval by the Administrator.
B. Bidders Qualifications. The Engineer shall review with the
Owner all Bidder qualifications and shall prepare and furnish to the
qualified bidders the plans and specifications upon the conditions
provided in the applicable standard RUS contract forms and in
accordance with 7 CFR Part 1753.
C. Bid or Proposal. The Engineer shall be available to each
prospective bidder for consultation with respect to the details of
the plans and specifications and all other matters pertaining to the
preparation of the proposals for the supply of equipment or services
therefore. All changes to or clarifications of the plans and
specifications provided to one prospective bidder shall be provided
by the Engineer in writing to all other prospective bidders and to
the Owner.
The Engineer shall attend and supervise all technical prebid
review meetings and openings of quotes for the furnishing of
equipment or services therefor. Where additions to existing
equipment are proposed, a quote may be solicited from the original
supplier or separate materials and installation contracts may be
requested from several suppliers. The Engineer shall carefully check
all quotes received and shall render to the Owner assistance in
connection with the Owner's consideration of the quotes received so
that contracts may be prudently and properly awarded.
The Engineer shall submit in writing to the Owner
recommendations of first and second choice of bidders stating the
reasons therefor, or, if the analysis of quotes indicates that no
quote is satisfactory because of prices or other conditions, the
Engineer shall recommend to the Owner that all quotes be rejected,
giving reasons therefor. Unless otherwise directed by the Owner, the
Engineer shall proceed in respect to rebidding in the manner
provided for herein for the initial bidding.
D. Award of Contract. The Engineer shall prepare and furnish to
the Owner three (3) copies of a detailed tabulation of all the bids
or quotes and a tabulation showing the bidders' names and totals.
The Owner shall submit to the Administrator the bidding information
required for approval of the award of the contract by the
Administrator. Upon receipt of notice from the Owner of the
Administrator's approval of the award of the contract, the Engineer
shall prepare contracts in accordance with 7 CFR Part 1753.
E. Contract Amendments. If, after the equipment contract and the
installation contract have been approved by the Owner and the
Administrator, it shall be determined by the Owner that any change
or changes in the plans and specifications are advisable, the
Engineer shall prepare and submit a contract amendment in accordance
with 7 CFR Part 1753.
F. Customer Information and Engineering Meeting. If necessary,
the Engineer shall arrange, at a mutually agreeable time, a Customer
Information and Engineering Meeting with the Owner, Contractor and
Engineer to review the Contractor's proposal, equipment lists,
software, data requirements, translation requirements, etc. prior to
beginning of manufacture.
G. Compliance. The Engineer shall review all equipment lists,
manufacturer's drawings, and other data submitted by the Contractor,
to determine apparent compliance of such lists, drawings and other
data with the approved contract. This shall not relieve the
Contractor of its obligation to meet the performance specifications
of the contract.
H. Pre-Installation Meeting. The Engineer shall arrange at a
mutually agreeable time, a pre-installation meeting between the
Contractor, Owner and Engineer, after the installer has arrived at
the contract site, to clarify areas of responsibility, check
scheduling and to determine the Contractor's proposed compliance
with the plans and specifications.
I. Progress Reports. A competent representative of the Engineer
shall make periodic visits to the equipment installation site to
Inspect the progress and quality of the executed work and to
determine, in general, if the work is proceeding in accordance with
the contract. The Engineer shall report at least monthly to the
Owner in writing stating the results of Inspections. When the
Engineer observes any failure of the executed work or work in
progress to comply with the requirements of the contract, this shall
be reported to the Owner immediately. These reports shall include
suitable recommendations. If the engineer observes an unsafe
practice, his only responsibility shall be to consult immediately
with the Contractor and if his concerns are not satisfied, to notify
the Owner immediately.
Section 3. Tests. The Engineer shall conduct, or cause to be
conducted by the installer, such tests of all such equipment as
required by the Owner and the Administrator to determine that the
equipment meets the
[[Page 66944]]
performance requirements of the plans and specifications. The Engineer
shall make recommendations for the correction of performance or
operational difficulties. All cases of performance or operational
difficulties due to faulty installation or defective equipment shall
be reported to the Contractor, for correction. When the corrections
have been made, the Engineer shall retest the equipment. The
Engineer shall furnish test equipment, when required, for all
required tests or measurements performed by the Engineer.
The Owner and a representative of the Administrator will
normally conduct a final inspection of completed construction. When
requested by the Owner, a qualified representative of the Engineer
shall be present.
Section 4. Final Documents. The Engineer shall prepare or cause
to be prepared, and shall submit to the Owner for approval, in a
format suitable for approval by the Administrator, complete and
detailed final documents as specified in 7 CFR 1753 and a statement
showing the total amounts due the Contractor, pursuant to the terms
of the contract, including any amendments thereto. The final
documents shall be submitted for the Owner's approval within forty
(40) calendar days after the completion of construction based on the
date on the certificate of completion covered by each central office
equipment contract and each installation contract.
Section 5. Compensation.
A. Time and Expense. The Owner shall pay the Engineer ``time and
expense'' compensation as outlined in the current Table 2 of this
Agreement for: (1) All services performed pursuant to section 1; (2)
``rebidding'' pursuant to paragraph C of section 2; (3) all services
in connection with additions to, replacement of components in,
modifications of, or removal of, existing central office equipment;
(4) all services pursuant to paragraphs F, H, and I of section 2;
and (5) all services pursuant to section 3.
B. Percent of Cost. The Owner shall pay the Engineer for all
other services performed pursuant to this RUS Form 217b, including
final documents, for each central office equipment contract an
amount equal to: ______ percent (______%) of the first one hundred
thousand dollars ($100,000); plus ______ percent (______%) of the
next three hundred thousand dollars ($300,000); plus ______ percent
(______%) of the balance of the installed cost of such equipment for
each complete new central office equipment contract, and for each
installation contract an amount equal to ______% of such
installation contract. Ninety percent (90%) of such sums shall be
due and payable ten (10) days after approval by the Administrator of
each contract (or force account proposal) and the balance of the
compensation shall be due and payable ten (10) days after approval
by the Owner and the Administrator of a certificate of completion of
installation for each such equipment.
``Installed cost'' shall mean the total cost of labor and
materials of the central office equipment as shown on the final
inventory documents prepared by the Engineer and approved by the
Owner and the Administrator. For a materials only contract,
``installed cost'' shall mean the amount for materials shown on the
final inventory documents.
Section 6. Section Reference. Unless otherwise specified or
indicated, any reference to ``section'' shall mean within this
attachment (RUS Form 217b--Central Office Equipment Engineering
Services).
Attachment--RUS Form 217c
Transmission Facilities Engineering Services
Section 1. Review of Requirements. Prior to the preparation of
plans and specifications for transmission facilities the Engineer
shall review with the Owner the up-to-date requirements of the
Project, as related to transmission facilities.
Section 2. Plans and Specifications. The Engineer shall prepare,
and submit to the Owner in a format suitable for approval by the
Administrator, the plans and specifications for the purchase and
installation of such transmission facilities in sufficient time to
allow normal scheduled delivery and installation of such to
coordinate with the schedule of completion of the Project.
Section 3. Contracts.
A. Bid or Proposal. The Engineer shall be available to each
prospective bidder for consultation with respect to the details of
the plans and specifications and all other matters pertaining to the
preparation of the proposals for the supply of equipment or services
therefor. All changes to or clarifications of the plans and
specifications provided to one prospective bidder shall be provided
by the engineer in writing to all other prospective bidders and to
the Owner.
The Engineer shall attend and supervise all technical prebid
review meetings and openings of quotes for the furnishing of
equipment or services therefor. Where additions to existing
equipment are proposed, a quote may be solicited from the original
supplier or separate materials and installation contracts may be
requested from several suppliers. The Engineer shall carefully check
all quotes received and shall render to the Owner assistance in
connection with the Owner's consideration of the quotes received so
that contracts may be prudently and properly awarded.
The Engineer shall submit in writing to the Owner
recommendations of first and second choice of bidders stating the
reasons therefor, or, if the analysis of quotes indicates that no
quote is satisfactory because of prices or other conditions, the
Engineer shall recommend to the Owner that all quotes be rejected,
giving the reasons therefor. Unless otherwise directed by the Owner,
the Engineer shall proceed in respect to rebidding in the manner
provided for herein for the initial bidding.
B. Award of Contract. Upon receipt of notice from the Owner of
the Administrator's approval of the award of any contract, or bid
proposal, the Engineer shall prepare and submit contracts in
accordance with 7 CFR Part 1753.
C. Contract Amendments. If, after any such contract has been
approved by the Owner and the Administrator, it shall be determined
by the Owner that any change or changes in the plans and
specifications are advisable, the Engineer shall prepare and submit
a contract amendment in accordance with 7 CFR Part 1753.
D. Compliance. The Engineer shall review all equipment lists and
manufacturer's drawings, and other data submitted by the Contractor,
to determine apparent compliance of such lists, drawings and other
data with the approved contract. This shall not relieve the
Contractor of its obligation to meet the performance specifications
of the contract.
E. Pre-Installation Meeting. The Engineer shall arrange, when
requested by the Owner, at a mutually agreeable time, a pre-
installation meeting between the Contractor, Owner and Engineer to
clarify areas of responsibility, check delivery and completion
scheduling and to assure that the Contractor comply with the plans
and specifications.
F. Customer Information and Engineering Meeting. The Engineer
shall arrange, if necessary, at a mutually agreeable time a customer
information and engineering meeting with Owner, Contractor and
Engineer to review the Contractor's proposal, equipment lists,
software, data requirements, translation requirements, etc. prior to
beginning of manufacture.
G. Progress Reports. A competent representative of the Engineer
shall make periodic visits to the equipment installation site to
Inspect the progress and quality of the executed work and to
determine, in general, if the work is proceeding in accordance with
the contract. The Engineer shall report at least monthly to the
Owner in writing stating the results of Inspections. When the
Engineer observes any failure of the executed work or work in
progress to comply with the requirements of the contract, this shall
be reported to the Owner immediately. These reports shall include
suitable recommendations. If the engineer observes an unsafe
practice, his only responsibility shall be to consult immediately
with the Contractor and if his concerns are not satisfied, to notify
the Owner immediately.
Section 4. Tests. The Engineer shall conduct, or cause to be
conducted, such tests as required by the Owner and the Administrator
to determine that the equipment meets the performance requirements
of the plans and specifications. The Engineer shall make
recommendations for the correction of performance or operational
difficulties. All cases of performance or operational difficulties
due to faulty installation or defective equipment shall be reported
to the Contractor for correction. When the corrections have been
made, the Engineer shall retest the equipment. The Engineer shall
furnish test equipment, when required, for all required tests or
measurements performed by the Engineer.
The Owner and a representative of the Administrator will
normally conduct a final inspection of completed construction. When
requested by the Owner, a qualified representative of the Engineer
shall be present.
Section 5. Final Documents. The Engineer shall prepare or cause
to be prepared, and
[[Page 66945]]
shall submit to the Owner for approval, in a format suitable for
approval by the Administrator, complete and detailed final documents
as specified in 7 CFR 1753 and a statement showing the total amounts
due the Contractor, pursuant to the terms of the contract, including
any amendments thereto. The final documents shall be submitted for
the Owner's approval within forty (40) calendar days after the
completion of construction based on the date on the certificate of
completion covered by each transmission facilities contract and each
installation contract.
Section 6. Compensation.
A. Time and Expense. The Owner shall pay the Engineer ``time and
expense'' compensation as defined in the current Table 2 of this
Agreement for: (1) All services performed pursuant to section 1; (2)
all services in connection with additions to, replacement or removal
of components in, modifications of, relocation of existing systems
of transmission facilities; (3) ``rebidding'' pursuant to paragraph
A of section 3; (4) all services pursuant to paragraphs E, F, and G
of section 3; and (5) all services pursuant to section 4.
B. Percent of Cost. The Owner shall pay the Engineer for all
other services pursuant to this RUS Form 217c, including final
documents, for each contract or force account proposal for new
transmission facilities, an amount equal to: ______ percent
(______%) of the first fifty thousand dollars ($50,000.00); plus
______ percent (______%) of the next one hundred fifty thousand
dollars ($150,000.00); plus ______ percent (______%) of the balance
of the installed cost of each such document and for each
installation contract an amount equal to ______% of such document.
Ninety percent (90%) of such sums shall be due and payable ten (10)
days after approval by the Owner of the document for the purchase or
installation of such equipment. The balance of the compensation
shall be due and payable ten (10) days after approval by the Owner
and the Administrator of a certificate of completion of installation
for such equipment.
``Installed cost'' shall mean the total cost of labor and
materials of the transmission facilities as shown on the final
documents prepared by the Engineer and approved by the Owner and the
Administrator. For a material's only contract, ``installed cost''
shall mean the amount for materials shown on the final inventory
documents.
Section 7. Section Reference. Unless otherwise specified or
indicated, any reference to ``section'' shall mean within this
attachment (RUS Form 217c--Transmission Facilities Engineering
Services).
Attachment--RUS Form 217d
Building Engineering Services
Section 1. Review of Requirements. Prior to the preparation of
plans and specifications, the Engineer shall review with the Owner
the current and future requirements for buildings to be constructed
as a part of the Project.
Section 2. Plans and Specifications. The plans and
specifications for the construction of buildings shall be prepared
in sufficient time to allow normal completion of construction of the
buildings at least thirty (30) days prior to delivery of central
office equipment as specified in the central office equipment
contract. The plans and specifications shall, unless otherwise
directed by the Owner, be prepared in accordance with standard RUS
specifications and construction drawings relating thereto.
Additionally, the plans and specifications shall include such
details as the characteristics of the building site(s) may require,
including, without limitation, a plot plan and description of site
development work, if any. The plans and specifications shall be
submitted to the Owner in a format suitable for approval by the
Administrator.
Section 3. Contracts.
A. Bidder's Qualifications. After approval of the plans and
specifications by the Owner and Administrator, notices shall be sent
to prospective bidders in accordance with 7 CFR Part 1753. The names
of those so notified shall be forwarded to the Owner at the time
such notices are sent. The Engineer shall review with the Owner and
the Owner shall approve the qualifications of all prospective
bidders. The Engineer shall prepare and furnish to qualified
contractors requesting them, the plans and specifications upon the
conditions provided in the applicable standard RUS contract forms.
B. Proposals. The Engineer shall be available to each
prospective bidder for consultation with respect to the details of
the plans and specifications and all other matters pertaining to the
preparation of the proposals for the construction of the building(s)
or the supply of materials and equipment or services therefor. All
changes to or clarifications of the plans and specifications
provided to one prospective bidder shall be provided in writing to
all other prospective bidders and to the Owner.
The Owner shall return unopened the bids received from bidders
not specifically qualified to bid the plans and specifications.
The Engineer shall attend and supervise all openings of bids for
the construction of the building(s) or for the furnishing of
materials and equipment or services therefor. In the event that less
than three (3) bids are received from qualified bidders, the bids
shall remain unopened and the Engineer shall notify the
Administrator thereof immediately. Unless otherwise directed by the
Owner, the Engineer shall proceed, in respect of the rebidding, in
the manner provided for herein for the initial bidding. The Engineer
shall carefully check all bids received and shall render to the
Owner all such assistance as shall be required in connection with
consideration of the bids received so that contracts may be
prudently and properly awarded.
The Engineer shall submit in writing to the Owner
recommendations of first, second and third choice of bidders,
stating the reasons therefor, or if the analysis of bids indicates
that no bid is satisfactory because of prices or other conditions,
the engineer shall recommend to the Owner that all bids be rejected,
giving the reasons therefor.
C. Award of Contract. The Engineer shall prepare and furnish to
the Owner three (3) copies of a detailed tabulation of all the bids
and a tabulation showing the bidders' names and totals of all bids.
The Owner shall submit to the Administrator the bidding information
required for approval of the award of the contract by the
Administrator. Upon receipt of notice from the Owner of the
Administrator's approval of the award of the contract, the Engineer
shall prepare contracts in accordance with 7 CFR Part 1753.
D. Contract Amendments. If, after the contract has been approved
by the Administrator it shall be determined by the Owner that any
change or changes in the plans and specifications are advisable, the
Engineer shall prepare and submit a contract amendment in accordance
with 7 CFR Part 1753.
E. Compliance. The Engineer shall review all shop and
manufacturer's drawings, construction detail variations, and other
data submitted by the Contractor, to determine apparent compliance
of such lists, drawings and other data with the approved contract.
This shall not relieve the Contractor of its obligation to comply
with the plans and specifications.
F. Progress Reports. A competent representative of the Engineer
shall make periodic visits to the construction site to Inspect the
progress and quality of the executed work and to determine, in
general, if the work is proceeding in accordance with the contract.
The Engineer shall report at least monthly to the Owner in writing
stating the results of Inspections. When the Engineer observes any
failure of the executed work or work in progress to comply with the
requirements of the contract, this shall be reported to the Owner
immediately. These reports shall include suitable recommendations.
If the Engineer observes an unsafe practice, his only responsibility
shall be to consult immediately with the Contractor and if his
concerns are not satisfied, to notify the Owner immediately.
G. Final Inspection. The Owner and a representative of the
Administrator will normally conduct a final inspection of completed
construction. When requested by the Owner, a qualified
representative of the Engineer shall be present.
Section 4. Final Documents. The Engineer shall prepare, and
shall submit to the Owner in a format suitable for approval by the
Administrator, complete and detailed final documents as specified in
7 CFR 1753 and a statement showing the total amounts due the
Contractor pursuant to the terms of the construction contract,
including any approved amendments thereto. The final documents shall
be submitted for the Owner's approval within sixty (60) calendar
days after the completion of construction based on the date shown on
the certificate of completion covered by each contract.
Section 5. Compensation.
A. Time and Expense. The Owner shall pay the Engineer ``time and
expense'' compensation as defined in the current Table 2 of this
Agreement for: (1) All services performed pursuant to section 1; (2)
services performed for rebidding pursuant to paragraph B of section
3; (3) all services in connection with additions to or modifications
of existing buildings; and (4) inspection of construction pursuant
to paragraphs F and G of section 3.
B. Percent of Cost. The Owner shall pay the Engineer for all
other services performed
[[Page 66946]]
pursuant to this RUS Form 217d, including final documents, for each new
building contract included in the Project an amount equal to: ______
percent (______%) of the first fifty thousand dollars ($50,000.00);
plus ______ percent (______%) of the balance of the cost of
construction thereof, of which sums ninety percent (90%) shall be
due and payable ten (10) days after approval by the Administrator of
a contract (or force account proposal) for the construction of the
buildings; and the balance of the compensation shall be due and
payable ten (10) days after approval by the Owner and the
Administrator of a certificate of completion of construction for all
such buildings included in the Project (or in a completed section of
the Project).
``Cost of construction'' shall mean the total cost of labor and
materials (including Owner-furnished materials and labor) used in
the construction of such buildings as shown on the final documents
prepared by the Engineer and approved by the Owner and
Administrator.
Section 6. Section Reference. Unless otherwise specified or
indicated, any reference to ``section'' shall mean within this
attachment (RUS Form 217d--Building Plans and Specifications and
Contracts).
Attachment--RUS Form 217e
Outside Plant Staking Services
Section 1. Review of Requirements. Prior to the commencement of
Staking, the Engineer shall review with the Owner the current
requirements of the Project with respect to outside plant and
service entrance Staking. At this review, decisions shall be reached
concerning public and private rights-of-way, nominal width of
construction corridors, and design status.
Section 2. Staking Requirements.
A. General.
1. Staking for aerial plant shall include locating the proposed
line and marking all new pole and other locations as necessary to
construct the facilities.
2. Staking for buried plant shall include locating the proposed
facilities indicating all pertinent construction information
including details of the construction corridor.
3. Staking for underground plant shall include locating conduit
systems, construction corridors, marking manhole sites and detailing
all other pertinent information.
4. Staking for service entrances shall include locating
protectors on the structure, the routing of aerial or buried
entrances and the placement of markers, if required, to indicate
construction information.
B. Commencement. The Engineer, with the approval of the Owner,
shall determine when Staking of the Project shall begin. The
Engineer shall not commence Staking in any area of the Project until
the Owner has:
1. Either (a) stated in writing that right-of-way authorizations
and easements reasonably required therefor have been procured, or
(b) directed the Engineer in writing to perform right-of-way
procurement under section 2, paragraph D, of RUS Form 217a--Project
Design, Assistance, and Coordination;
2. Identified to the Engineer, by map locations, which line
segments shall be staked on public right-of-way and which line
segments shall be staked on privately owned right-of-way; and
3. Provided information to the Engineer pertaining to
limitations on width of construction corridors for each such line
segment.
The Owner shall review with the Engineer, and shall inform the
Engineer, which specific lines are to be staked. The Owner shall
furnish to the Engineer a current list of all existing and potential
subscribers by map location and grade of service for whom service is
to be furnished. When requested by the Engineer, the Owner shall
also furnish the telephone numbers of the existing subscribers. In
determining when to proceed with Staking, farming operations and
other relevant conditions shall be taken into consideration so as to
minimize the need for restaking. The Owner, when requested by the
Engineer, shall furnish a qualified person to accompany each Staking
crew for the purpose of negotiating with landowners or tenants with
respect to such right-of-way authorizations and easements, widths of
construction corridors, and locations of proposed facilities.
C. Changes.
1. If, during the progress of Staking by the Engineer, the Owner
shall change the routing or location of a particular line segment,
the Owner shall as early as practicable, notify the Engineer of such
changes. Upon such notice the Engineer shall duly note such change
and instruct the Staking crews accordingly. The same procedure shall
be followed for changes made in type or quantity of facilities
during the Staking phase of the Project.
2. If during the process of Staking, the Engineer determines
that the routing of facilities along the right-of-way designated by
the Owner would result in high costs of placement due to obstacles,
inadequate construction corridors, or other circumstances, the
Engineer shall notify the Owner and recommend alternative routing.
If alternative routing is approved by the Owner and right-of-way can
be obtained, the Engineer shall arrange to stake the facilities
along the alternate route.
D. Time of Staking.
1. The Engineer shall proceed diligently with Staking and
continue therewith in such a manner that, prior to the release of
plans and specifications to bidders, the Staking of all outside
plant facilities except service entrances shall be complete in order
that the plans and specifications shall be complete and accurate.
2. If service entrances are included in the construction
contract, Staking of the service entrances shall be completed prior
to beginning of construction in a Work Sector. If such Staking is
being performed by the Owner, the Engineer shall keep the Owner
advised of the status of construction and the Owner shall do the
Staking in a timely manner.
3. The Engineer shall perform all restaking made necessary by
changes discussed under paragraph C of section 2, above, as
necessary to minimize delays in construction.
E. Manner of Staking. The Staking shall be done in a thorough
and workmanlike manner such that construction can be completed in
accordance with the latest revision of the National Electrical
Safety Code, National Electric Code, local and State laws, rules,
regulations and orders of regulatory bodies having jurisdiction; and
the Loan Design, Borrower's Environmental Report, and specifications
approved by the Owner and the Administrator. The Engineer shall in
no case stake lines other than those shown in the approved Loan
Design except for minor re-routing and minor changes dictated by
field conditions, unless such change shall have been previously
approved by the Owner and the Administrator. The Engineer shall
replace all markers lost or removed prior to or during construction
of the Project. All costs, including costs of markers, equipment,
and other materials used in connection with the Staking, shall be
borne by the Engineer. All markers and existing poles shall be
properly identified with corresponding listing on the construction
sheets. Where it is probable that the Contractor or the Owner will
have difficulty in locating markers, the Engineer shall provide some
other suitable means to identify the location. When Staking service
entrances, the Engineer shall give due consideration to the location
of the station protector (or network interface device if it
incorporates a station protector) in relation to the availability of
adequate grounding and the length of the service drop and station
wiring.
F. Construction Sheets. The Engineer shall prepare or maintain
construction sheets in such standard form as the Owner shall require
(and as hereinafter described) to: serve as the means by which
directions are given for the construction of the Project; serve as
the permanent plant record by the Owner's facilities as built; and
identify adequately the geographical location of the facilities,
including non-standard construction corridors and cable placement
locations. The Engineer shall enter thereon all pertinent and useful
design, specifications and data governing the construction of the
Project, including, without limitations:
1. Detailed instructions on the point of attachment of the
Owner's facilities on existing pole lines employed in joint use with
others;
2. Non-standard depths for installing buried and underground
facilities;
3. The presence, but not location of, buried facilities of other
utilities when known;
4. The presence of rock when known;
5. Vegetation clearing requirements; and
6. Surface type and surface features of terrain if appropriate.
Copies of construction sheets shall be made available for sale
to all prospective bidders in advance of the pre-bid conference. For
contract construction five counterparts of the construction sheets
shall be supplied by the Engineer to the Contractor for construction
use and two copies shall be supplied to the Owner. For force account
construction three copies of the construction sheets shall be
supplied to the Owner. When revisions in Staking are necessary, the
Engineer shall issue copies of the revised construction sheets.
G. Resident Engineer. A competent Resident Engineer, with full
authority to act for the Engineer per this attachment shall be
[[Page 66947]]
maintained by the Engineer at the site of the Project at all times when
Staking or other services required under this attachment are being
performed at the site of this Project. The Resident Engineer may
also be engaged in Staking as well as in supervising the Staking
activities of other Staking crews of the Engineer. The Engineer
shall establish and maintain, in the proximity of the Project, a
field office with telephone service at all times when Staking or
other services required under this RUS Form 217e are in progress.
H. Reporting. The Engineer shall prepare, execute, and submit to
the Owner ____________________ (insert frequency of reporting--
minimal monthly) all estimates, certificates, reports and other
documents required to be executed by the Engineer pursuant to the
loan contract.
I. Joint Use or Joint Occupancy. In connection with Staking of
joint use or joint occupancy facilities the Engineer shall:
1. Prepare and submit to the Owner for approval, detailed
information on pole changes, additional poles, and other changes or
additions required in existing facilities of other parties to joint
use or joint occupancy agreements to accommodate the Owner's
facilities; and
2. Coordinate engineering activities under direction of the
Owner with other parties to joint use or joint occupancy agreements.
Section 3. Compensation. The Owner shall pay the Engineer for
services performed pursuant to this RUS Form 217e as follows:
A. Staking Fee. For all services in connection with the Staking
of the Project lines provided for in the approved Project design,
including lines which, pursuant to the direction of the Owner, with
the approval of the Administrator, shall not be constructed, and for
all other services outlined in this RUS Form 217e (except as
provided in paragraph C of section 3):
1. The sum of ______________ dollars ($______________) per mile
of existing buried plant Project lines to be modified; plus
2. The sum of ______________ dollars ($______________) per mile
of new buried plant Project lines; plus
3. The sum of ______________ dollars ($______________) per mile
of underground cable to be installed in ducts; plus
4. The sum of ______________ dollars ($______________) per mile
of new aerial Project lines; plus
5. The sum of ______________ dollars ($______________) per mile
of existing aerial Project lines to be modified; plus
6. The sum of ______________ dollars ($______________) per mile
of new joint use or joint occupancy Project lines; plus
7. The sum of ______________ dollars ($______________) per mile
of existing Project lines to be removed where no construction or
modification work is to be performed; plus
8. The sum of ______________ dollars ($______________) for each
new service entrance staked and for which a construction sheet is
prepared and each existing service drop to be modified as part of
the Project; plus
9. The sum of ______________ dollars ($______________) for each
subscriber shown on the construction sheets.
For purposes of this section ``modified'' means rearrangements,
additions, change of pair assignments, etc., which require
preparation of construction sheets to implement.
The length of the Project lines shall be determined by taking
the sum of all distances between terminal points for underground
cable and buried cable or conductor, and new service entrances added
as part of the Project and all distances between pole markers or
from center to center of poles carrying aerial conductor or cable,
including joint use or joint occupancy poles, plus the vertical
distances parallel to vertical cable runs for aerial cable
installations.
B. Time and Expenses. The Owner shall pay the Engineer ``time
and expense'' compensation as defined in the current Table 2 of this
Agreement for all services performed in this RUS Form 217e in
connection with: section 1; paragraph C of section 2; paragraph I of
section 2; and for the replacement of markers made necessary by
causes beyond the control of the Engineer.
C. Payments. Compensation under paragraph A of this section 3
shall be due and payable ten (10) days after delivery to the Owner,
on a monthly basis, a copy of the construction sheets representing
the Staking completed during that month and a recapitulation of the
mileage of the various types of line covered by such construction
sheets and by previous construction sheets for which compensation
has been requested.
The Staking shall be subject to review and inspection by the
Owner and the Administrator. The Engineer, when notified to do so by
the Owner or the Administrator, shall correct such Staking as the
review and inspection may indicate to be necessary. Such review and
payments shall not constitute unqualified approval of the Staking.
Where restaking is required for reasons within the control of the
Engineer, no additional compensation shall be payable.
The compensation payable for lines actually constructed, shall
be adjusted to the number of units actually constructed or actually
completed as part of the construction of the Project, as reflected
in the final documents. Compensation payable for lines which have
been staked, but which shall not be constructed, shall be determined
from the construction sheets as covered by line abandonment order.
D. Plant Retained in Place. Compensation under this section, for
Staking existing Project lines on which modification work is to be
performed, shall include compensation for the designation of
assembly units of existing plant to be retained in place, and shown
on the construction sheets.
Section 4. Section Reference. Unless otherwise specified or
indicated, any reference to ``section'' shall mean within this
attachment (RUS Form 217e--Outside Plant Staking Services).
Attachment--RUS Form 217f
Outside Plant Contract Document Phase Engineering Services
Section 1. Review of Requirements
The Engineer shall use the Loan Design and other information
furnished by the Owner under this Agreement as the basis for the
preparation of the plans and specifications. Prior to the beginning
of the preparation of the plans and specifications, the Engineer
shall review with the Owner all data furnished to determine the most
recent requirements for facilities to be included in the plans and
specifications.
Section 2. Map Tracings and Other Data
Prior to and during the preparation of the plans and
specifications by the Engineer, the Owner, if it has not previously
done so by other provisions of this Agreement, shall furnish any of
the following items needed by the Engineer:
A. Up-to-date tracings of the detail and town maps of the area
of the proposed system on which the Loan Design was based and which
show the existing system, and a tracing of the key map when a key
map is required by the Owner;
B. Up-to-date cable schematics (cable plant layout), and
construction sheets showing the existing system construction;
C. Up-to-date line and station data on existing subscribers;
D. The Loan Design and Borrower's Environmental Report on which
the loan was based;
E. Current information as to the location and extent of electric
and other lines available for joint use, together with conformed
copies of all existing joint use or joint occupancy agreements
covering such lines;
F. Current listing of existing, signed, and potential
subscribers by map location and grade of service to be considered in
the preparation of the plans and specifications. The list of
existing subscribers shall be properly referenced to the line and
station data;
G. Detailed lists of materials on hand, or on order, which are
to be furnished by the Owner in the construction of the Project,
together with the quantity and value of each item of such materials;
and
H. A written statement setting forth the scope of plans and
specifications and the sequence in which the construction shall be
performed and whether service entrances are to be included in the
plans and specifications.
The map tracings, schematics, and construction sheets are to be
of suitable material capable of allowing corrections to be made of
the information shown thereon and capable of being reproduced.
Section 3. Schematics, Assignments, and Cut Sheets.
A. Cable Schematics. The Engineer shall prepare cable schematics
in such form as the Owner shall require to: (a) serve as a means by
which directions are given for connecting feeder cable and
distribution cable pairs, cross-connection terminals, connecting
load coils, and such other directions as may be necessary for
properly splicing the feeder cables, distribution cables and other
facilities being installed; (b) serve as the permanent circuit
assignment record of the Owner's cable and wire facilities; and (c)
adequately identify the physical location of all equipment, devices
and connections other than services, associated with the pairs of
[[Page 66948]]
such feeder cable and distribution cable facilities.
B. Circuit and Number Assignments. If requested by the Owner,
the Engineer shall prepare telephone number assignments and shall
identify the circuit to which the service is to be connected for
station installations, including without limitation such information
with respect to central office equipment connections as may be
required.
C. Cut Sheets. Where modification of existing lines is to be
performed, the Engineer shall furnish in such form as the Owner
shall require complete and detailed information, collectively known
as ``Cut Sheets'' for: (a) making such changes in circuit
connections in the existing outside plant as may be required,
including without limitation all associated devices such as load
coils, terminals, and temporary connections; (b) making such changes
in telephone number assignments and service connections as may be
required, including without limitations, the corresponding
connection changes required at the central office end; and (c)
designating the sequence to be followed in making such changes.
Section 4. Outside Plant Plans and Specifications and Contracts.
A. Plans and Specifications. The Engineer shall, to the extent
not previously prepared under other provisions of this Agreement,
prepare and review with the Owner complete and detailed plans and
specifications, drawings, maps and other documents required for the
construction of the outside plant facilities to be included as a
part of the Project. During the preparation of the plans and
specifications, the Engineer shall make such changes in the plans
and specifications as may be reasonably required by the Owner as a
condition of approval by the Owner and Administrator.
B. Content of Plans and Specifications. The plans and
specifications for outside plant shall be prepared in sufficient
time to allow normal completion of construction of the outside plant
to coincide with the established service dates and shall include the
following:
1. One copy of the key map of the system, when a tracing is
furnished by the Owner.
2. One copy (or more if necessary for clarity) of the central
office area detail maps (sometimes referred to as exchange detail
maps) and town maps of the system, on which there shall be indicated
the following:
a. Location of lines to be constructed, indicating joint use or
joint occupancy lines;
b. Location of switching centers and pair-gain devices;
c. Location of existing lines included as part of the proposed
system and modification of such lines;
d. Location of existing lines to be retired;
e. Locations other than service entrances, where right-of-way
has not been obtained;
f. Work Sectors indicating sequence of construction;
3. Complete drawings of each type of non-standard RUS unit
covering the construction and the materials to be used.
4. An estimate of quantities of the various units of
construction.
5. A complete cable plant layout and cable schematics, when
applicable, for each central office area as prepared pursuant to
paragraph A of section 3.
6. If the Project contains requirements for installation of
underground conduit, manholes and associated appurtenances, the
Engineer, during the preparation of the plans and specifications,
shall secure field data necessary for the proper design of such
facilities (including plan and profile data, if required, and detail
construction drawings, including cable to be installed), and shall
proceed with the preparation of detailed plans and specifications
for the construction of such facilities. Such drawings and
specifications, when completed, shall be added to, and made a part
of, the construction plans and specifications.
7. An itemized list of materials on hand or on order to be
furnished by the Owner, showing the locations of delivery points and
delivery schedules of such materials, the quantity, unit price and
extended price.
8. The form of the contract to be entered into between a
Contractor and the Owner for the construction of the outside plant,
including forms of notice and instructions to bidders, Contractor's
proposal, materials and construction specifications, Contractor's
bond, description of assembly units and construction drawings.
Note: Plans and specifications for outside plant facilities to
be constructed under a force account proposal do not require Items 7
and 8, above.
C. Contracts.
1. Upon receipt of notice by the Engineer from the Owner of the
Administrator's approval of the plans and specifications, the
Engineer shall, unless otherwise instructed by the Owner, with the
approval of the Administrator, proceed to take all usual and
customary actions, including compliance with the procedures set
forth herein and in 7 CFR Part 1753, to facilitate full, free, and
competitive bidding for the award of contracts.
2. Notices to Bidders shall be sent in accordance with Subpart F
of 7 CFR Part 1753. The Engineer shall then review with the Owner
and the Owner shall approve the qualifications of bidders who
replied to the notice, as a condition of release of bid documents to
any such bidder. The Engineer shall prepare and furnish to such
qualified bidders the appropriate bid documents including
construction sheets, and the plans and specifications upon the
conditions provided in the applicable standard RUS contract forms.
The construction sheets shall be furnished upon payment of
reasonable charges. The Engineer shall also prepare and furnish,
upon payment of reasonable charges, to material suppliers requesting
them, copies of the Contractor's proposal sheets for outside plant
together with any special drawings or material specifications
pertaining thereto and a list of materials to be furnished by the
Owner.
3. The Engineer shall conduct a Pre-Bid Conference in accordance
with Subpart F of 7 CFR Part 1753 and shall be available to each
prospective bidder for consultation with respect to the details of
the plans and specifications and all other matters pertaining to the
preparation of the proposals for the construction, or the supply of
materials and equipment or services therefor. All changes to or
clarifications of the plans and specifications provided to one
prospective bidder shall be provided in writing to all other
prospective bidders and to the Owner.
4. The Engineer shall attend and supervise all openings of bids
for the construction, or for the furnishing of materials and
equipment or services therefor. The Owner shall return unopened bids
received from Bidders not previously qualified under paragraph C2 of
this section. In the event that bids are received from less than
three (3) qualified bidders, the bids shall remain unopened and the
Owner shall notify the Administrator thereof immediately. If
directed by the Owner, the Engineer shall proceed in respect of the
rebidding, in the manner provided for herein for the initial
bidding. The Engineer shall check the assembly unit prices and
summarize of all bids received. The Engineer shall render to the
Owner assistance in connection with the Owner's consideration of the
bids received so that contracts may be prudently and properly
awarded. The Engineer shall submit to the Owner a written
recommendation for award of the contract or rejection of all bids
stating the reasons therefor.
5. The Engineer shall prepare and furnish to the Owner three (3)
copies of the detailed proposal sheets or a detailed tabulation of
the low bid, and a tabulation showing the names and totals of all
bids. The Owner shall submit to the Administrator the bidding
information for approval by the Administrator of the award of the
contract. Upon receipt of notice from the Owner of the
Administrator's approval of the award of the contract, the Engineer
shall prepare three (3) counterparts of the construction contract to
be executed by the Owner and the successful bidder and the Owner
shall forward such executed counterparts to the Administrator for
approval.
6. If, after the construction contract has been approved by the
Owner and the Administrator, it shall be determined by the Owner
that any changes in the plans and specifications are advisable, the
Engineer shall prepare and submit a contract amendment in accordance
with 7 CFR Part 1753.
D. Force Account.
1. If all or a portion of the Project, shall be constructed by
force account, the Engineer shall prepare a force account proposal
in accordance with Subpart G of 7 CFR Part 1753.
a. When requested by the Owner, the Engineer shall prepare an
itemized list of the total quantities of all items of materials
required for the construction showing in addition the quantity of
each item of materials the Owner has on hand based on the list
furnished by the Owner pursuant to paragraph G of section 2.
b. The force account proposal shall include an estimate,
prepared in collaboration with the Owner, of the unit construction
costs in substantially the same form as the Contractor's proposal in
the standard contract form, and a summary of the total estimated
cost of construction, setting forth the following:
[[Page 66949]]
(1) The total Cost of labor and other;
(2) The total Cost of materials; and
(3) The number of calendar days required for the construction.
2. After receipt of notice by the Engineer from the Owner of
approval by the Administrator of the force account proposal, the
Engineer, in collaboration with the Owner, shall fix a date for the
commencement of construction. In the determination of this date,
consideration shall be given to the status of material deliveries,
Staking, easements, and the availability of competent construction
personnel and adequate equipment to facilitate continuous
construction in an efficient and expeditious manner. Such date as
agreed upon shall be submitted to the Administrator by the Owner and
the date thus established shall be the ``Commencement Date'' for the
construction. The Engineer shall be available to the Owner for
consultation with respect to the details of the plans and
specifications and all other matters pertaining to the construction
of the Project.
3. If, after the force account proposal has been approved by the
Owner and the Administrator, it shall be determined by the Owner
that any change or changes in the force account proposal are
advisable, the Engineer shall prepare and submit to the Owner all
necessary details in connection with the change or changes, and upon
approval thereof by the Owner, the proposed change or changes shall
be submitted by the Owner to the Administrator. To the extent that
the Administrator approves such proposed change or changes they
shall be included as part of the force account proposal, and the
Engineer shall immediately proceed in respect of any additional
Staking, construction, and material contracts or amendments required
thereby in like manner as though such Staking, construction, and
material contracts or amendments were originally included as part of
the force account proposal.
Section 5. Compensation
A. The Owner shall pay the Engineer for services performed
pursuant to this RUS Form 217f (except as provided in paragraph B of
this section) as follows:
1. The sum of __ dollars ($__) or when the outside plant is
divided into sections for construction purposes requiring separate
plans and specifications for each section; a sum of __ dollars ($__)
for each such section for which complete plans and specifications
are prepared; plus,
2. The sum of __ dollars ($__) for each approved amendment to
the contract; plus
3. The sum of __ dollars ($__) per mile for each mile of Project
line facilities (1) included in the plans and specifications, and
(2) added or deleted by approved amendments to the plans and
specifications; plus
4. The sum of __ dollars ($__) for each approved force account
proposal. The compensation payable under paragraph A of this section
shall be due and payable ten (10) days after the approval of the
plans and specifications or approved amendments by the Owner and the
Administrator.
B. The Owner shall pay the Engineer ``time and expense''
compensation as defined in the current Table 2 of this Agreement for
services: (1) as requested by the Owner, in connection with
corrections to, or the furnishing of, items required to be furnished
by the Owner per section 2; (2) required under section 3; (3) in
connection with underground conduits, paragraph B6 of section 4; (4)
for changes in force account plans and specifications, paragraph D3
of section 4; and (5) in connection with the conducting of the Pre-
Bid Conference, and for rebidding, paragraph C3 of section 4.
Section 6. Section Reference. Unless otherwise specified or
indicated, any reference to ``section'' shall mean within this
attachment (RUS Form 217f--Outside Plant Plans and Specifications
and Contracts).
Attachment--RUS Form 217g
Outside Plant Construction Phase Engineering Services
Section 1. Construction Phase.
A. General. As engineering representative of the Owner, and in
accordance with sound and accepted engineering practices, the
Engineer: (1) shall provide Construction Administration and
Inspection services; (2) shall assist the Owner in obtaining the
expeditious and economical construction of the Project in accordance
with the approved plans and specifications, the terms of the
construction contract or force account proposal, and 7 CFR Part
1753; and (3) shall have and exercise sole responsibility for the
issuance of supplemental directives to the Contractor regarding the
Contractor's performance in accordance with the terms of the
construction contract as approved by the Owner and the
Administrator. The Engineer's undertaking hereunder shall not
relieve the Contractor of the Contractor's obligation to perform the
work in conformity with the plans and specifications and in a
workmanlike manner and shall not impose upon the Engineer any
obligation to see that the work is performed in a safe manner. The
Engineer shall not be responsible for the failure of the Contractor
to perform the work in accordance with the contract or to perform
the work in a safe workmanlike manner. In fulfilling the above
responsibility, the Engineer shall as necessary:
1. Interpret the plans and specifications and convey such
interpretation to the Contractor;
2. Inspect the progress of and quality of construction, in
sufficient detail to provide reasonable assurance to the Owner of
the adequacy of such progress and quality of construction, pursuant
to the requirements of the plans and specifications and contract;
3. Confirm the acceptability of materials and equipment proposed
by the Contractor to be utilized in the construction prior to the
use of such materials or equipment on the Project and promptly
reject materials and equipment not in compliance with the plans and
specifications; and
4. Inspect the manner of incorporation of the materials and
equipment into the Project, and the workmanship with which such
materials and equipment are incorporated and reject materials,
equipment and workmanship which the Engineer determines will not be
in compliance with the plans and specifications. Such Inspection
shall be deemed to be adequate if a reasonable percentage of all
routine construction units (other than units requiring detailed
inspection) are observed at the time of installation and found free
of error.
The above enumeration of specific requirements shall not limit
the general undertakings of the Engineer to perform services set
forth in the first sentence of paragraph A of this section. The
obligations of the Engineer hereunder are for the benefit of only
the Owner and the Administrator, and shall not relieve the
Contractor of any of its own responsibilities under its contract
with the Owner.
B. Resident Engineers and Inspectors.
1. A competent Resident Engineer with full authority to act for
the Engineer shall be maintained by the Engineer at the site of the
Project at all times during the entire period of scheduled
construction (including times when the Resident Engineer is
available and through no fault of the Engineer scheduled
construction is not performed, and including times when corrective
work is being performed) unless specifically directed otherwise by
the Owner with the approval of the Administrator. A Resident
Engineer shall be necessary for each outside plant construction
contract.
2. If, at any time during construction, a Resident Engineer, or
Inspector, is not required at the Project site, or such personnel
are not available because of other responsibilities on the Project,
the Engineer shall assign a Resident Engineer and/or Inspector on an
intermittent basis, to effect necessary observations of construction
during any critical phase of such construction.
3. If the Engineer determines that particular components of the
work or particular circumstances during construction require the
presence of a specialized representative of the Engineer, such as an
architect, structural engineer, design engineer or other specialist
for the purpose of interpreting contract requirements, or performing
special inspections or tests to facilitate compliance by the
Contractor with the plans and specifications and terms of the
construction contract, the Engineer with prior approval of the Owner
shall assign such personnel to the Project site.
4. The Engineer shall maintain at the site of the Project and
under the direct supervision of the Resident Engineer a sufficient
number of qualified inspectors, to fully discharge the
responsibility of the Engineer pursuant to paragraph A of this
section (including times when such assigned inspectors are available
and through no fault of the Engineer scheduled construction is not
performed). The number of inspectors so required will vary with the
size of the Project, the number of construction crews, and the speed
of construction.
5. The number of resident engineers and inspectors required by
the Engineer for a routine construction schedule for this Project to
effect completion within the allowed number of scheduled ``working
days'' is as follows:
a. ________ (________) resident engineers(s);
[[Page 66950]]
b. ________ (________) inspectors(s);
6. In the event conditions should arise, through no fault of and
beyond control of the Engineer, which would require the placement by
the Engineer of additional inspectors (or resident engineers) on the
Project, to accommodate special needs of the Owner (or Contractor,
with approval of the Owner), then, with the approval of the Owner
prior to their assignment to the Project, the Engineer shall assign
such additional qualified personnel to the Project for the limited
time of such requirements.
C. Pre-Construction Conference. A competent representative from
the office of the Engineer, and the Resident Engineer (or resident
engineers) to be assigned to the Project, shall conduct the outside
plant pre-construction conference. The detailed notes taken by the
Engineer on items discussed shall be furnished to all parties. Such
notes shall be used by the Resident Engineer, as applicable, in
interpreting the plans and specifications pursuant to paragraph A1
of this section.
D. Project Office. The Engineer shall establish and maintain a
field office, with telephone service, in the proximity of the
Project when construction is in progress and shall notify the Owner
of the address and telephone number of such field office. Any
notices, instructions or communications delivered to such field
office shall be deemed to have been delivered to the Engineer.
E. Defective Construction. If the construction is by contract,
the Engineer shall notify the Contractor in writing of all observed
or otherwise determined defects in workmanship or materials in
accordance with the terms of the construction contract. If the
construction is by force account, the Engineer shall advise the
Owner relative to the correction of such defects.
F. Joint Use or Joint Occupancy. In connection with all joint
use or joint occupancy construction, the Engineer shall:
1. Coordinate construction activities for the Owner with the
designated representative of other parties to joint use or joint
occupancy agreements;
2. Review for the Owner all changes proposed by other parties to
joint use or joint occupancy agreements for changes in and additions
to their existing pole lines under such agreements and submit to the
Owner recommendations thereon.
G. Tests. The Engineer shall conduct, or cause to be conducted,
such tests of circuits and equipment as required by the Owner and
the Administrator to determine compliance with the performance
requirements of the plans and specifications. The Engineer shall
make recommendations in writing for the correction of defective
materials, workmanship, or equipment. All cases of transmission or
operational difficulties due to faulty construction or defective
materials or equipment in the Project shall be reported in writing
to the Contractor for correction if the construction is by contract
or to the Owner if construction is by force account. When the
corrections have been made, the circuits and equipment shall again
be tested. The Engineer shall furnish test equipment as required for
performing all required tests or measurements.
The outside plant tests to be made on this Project are noted in
the table below:
----------------------------------------------------------------------------------------------------------------
Test or measurements Will perform or
---------------------------- participate in performing
Description of test or measurements tests
Subscriber Trunk plant ---------------------------
loop plant Owner Engineer
----------------------------------------------------------------------------------------------------------------
C.O. Ground Measurement................................. ............ ............ ............ X
Copper Shield or Shield/Armor Continuity................ X X ............ X
Conductor Continuity.................................... X X ............ X
Shield or Armor Ground Resistance....................... X X ............ X
Conductor Insulation Resistance......................... X X ............ X
DC Loop Resistance...................................... ............ ............ ............ ............
DC Loop Resistance Unbalance............................ ............ ............ ............ ............
VF Insertion Loss....................................... ............ ............ ............ ............
Loop Measurements (Loop Checking)....................... ............ ............ ............ ............
Two Person Structural Return Loss....................... ............ ............ ............ ............
One-Person Open Circuit Measurements.................... ............ ............ ............ ............
Cable Insertion Loss at Carrier Frequency............... ............ ............ ............ ............
Fiber Armor Continuity.................................. X X ............ X
Fiber Optic Splice Loss--Field.......................... X X ............ X
Fiber Optic Splice Loss--C. O........................... X X ............ X
End-to End Attenuation.................................. X X ............ X
End-to End Fiber Signature.............................. X X ............ ............
----------------------------------------------------------------------------------------------------------------
As appropriate, complete the table using these symbols:
X--These are standard tests and measurements required on facilities as desired by the owner or required by the
Administrator.
*--These tests will not be required if the distribution pairs are not cross-connected to feeder pairs at the
time of acceptance testing.
N/A--Not Applicable.
H. Connecting Companies. The Engineer shall coordinate all
engineering and construction activities with connecting companies
and shall notify the Owner when the Project, or a section thereof,
shall be ready to be placed in service. After giving such notice,
the Engineer shall, when directed to do so by the Owner, cause the
Project, or such section thereof as may be ready, to be placed in
service.
I. Reporting. The Engineers shall prepare, execute and submit to
the Owner ________ (insert frequency of reporting--minimal monthly)
all estimates, certificates, reports, and other documents required
to be executed by the Engineer pursuant to a construction contract,
a force account proposal, or the 7 CFR Part 1753. The Engineer shall
review and, if satisfactory, recommend for approval each periodic
estimate submitted by contractors prior to approval and payment by
the Owner. Such recommendations shall include a statement by the
Engineer based on the Engineer's Inspection of executed work and the
progress of the work and subject to evaluation and testing of the
work as a completed Project, that all construction for which payment
is requested has been completed and cleaned up in accordance with
the terms of the construction contract and that all defective
construction of which the Contractor shall have received fifteen
(15) or more days written notice, has been corrected.
The Engineer shall maintain a cumulative inventory of all units
of construction incorporated in the Project, showing unit prices and
extended totals, for all such units of construction. When it appears
that the previously approved contract total is likely to be
exceeded, the Engineer shall immediately notify the Owner in a
format suitable for notifying the Administrator. When requested by
the Owner or when the ``Overrun'' results in 20% above the contract
total, the Engineer shall prepare a contract amendment in accordance
with 7 CFR Part 1753 for execution by the Parties to the
construction contract, to cover the additions or changes in
construction units that are resulting in such ``Overrun''.
J. Final Inspection. The Owner and a representative of the
Administrator will normally conduct a final inspection of completed
construction. When requested by the Owner, a qualified
representative of the Engineer shall be present.
Section 2. Final Documents.
A. Contract Construction. If the Project or any portion thereof
shall be constructed
[[Page 66951]]
pursuant to a construction contract, the Engineer shall prepare and
submit to the Owner complete and detailed final documents as
specified in 7 CFR 1753 and a statement of all amounts payable by
the Owner under the construction contract. The final documents shall
be in a format suitable for approval by the Owner and subsequent
submission to the Administrator for approval. These final documents
shall be submitted to the Owner within forty-five (45) calendar days
after the completion of construction based on the date shown on the
certificate of completion covered by each contract.
B. Force Account Construction. If the Project or any portion
thereof shall be constructed by force account:
1. Within thirty (30) calendar days after completion of
construction of the Project, the Owner shall furnish to the Engineer
the following data:
a. The cost of all materials used in construction of the
Project;
b. Cost of right-of-way clearing (direct labor costs);
c. All direct labor costs chargeable to construction exclusive
of the right-of-way clearing; and
d. A list of all items of overhead cost applicable to the
construction of the Project, but excluding the cost of engineering,
legal, accounting and other professional services, interest during
construction and preliminary survey charges.
2. Within forty-five (45) calendar days after the completion of
construction of the Project, the engineer shall prepare and submit
to the Owner for approval complete and detailed final documents in
such form as the Administrator may prescribe, including without
limitation, a final inventory of construction and a final inventory
of retirements. The final documents shall contain the labor and
material unit costs based on data supplied by the Owner.
C. Number of Copies. Copies of final documents shall be
furnished in accordance with 7 CFR Part 1753.
Section 3. Plant Records.
A. Prior to Cutover. If the Owner shall have notified the
Engineer not later than ten (10) days prior to of the start of
construction in a central office area that the Owner elects to
assign to the Engineer the preparation of any of the following plant
records, the Engineer shall prepare and deliver these records to the
Owner, not later than fifteen (15) calendar days prior to the start
of Cutover of each central office area included as a part of the
Project. These records cover the Cutover work on facilities
completed as of the date of delivery of such records for each such
area. The following records shall be in such form as the Owner, with
the approval of the Administrator, may prescribe:
1. Cable schematics, corrected to show ``as constructed''
conditions of that portion of the Project as of such date;
2. Cable records data, for completed line segments as of such
date;
3. Line and station data for completed line segments as of such
date; and
4. Terminal assignment records.
B. After Cutover. The Engineer shall deliver to the Owner,
within thirty (30) calendar days after Cutover of facilities in any
completed exchange area or completed section of the Project, the
record drawings of the following plant records covering such Project
area (excluding any of such records that the Owner has previously
elected to prepare with its own forces):
1. Cable schematics, corrected to show ``as constructed''
conditions of such Project area;
2. Cable record data, for all construction completed in such
Project area;
3. Line and station records for all lines completed in such
Project area as a part of the Project;
4. Final maps, showing record drawings facilities completed in
such Project area; and
5. Final complete and detailed construction sheets, showing
facilities completed in such Project area, including the designation
of assembly units of existing plant retained in place along existing
plant lines segments on which modification work was performed as a
part of the Project.
Section 4. Inventory and Appraisal. When requested by the Owner,
the Engineer shall prepare within thirty (30) calendar days after
completion of construction of the Project and submit to the Owner an
inventory and appraisal of all existing telephone plant retained as
part of the Owner's system. The inventory and appraisal shall be in
such form and provide such data as the Owner, with the approval of
the Administrator, may prescribe.
Section 5. Compensation.
A. For Services Under sections 1, 3 and 4. The Owner shall pay
the Engineer ``time and expense'' compensation, as defined and
detailed in current Table 2 of this Agreement for all services
performed under sections 1, 3 and 4. Compensation under this section
shall not exceed ________ dollars ($________) unless said amount has
been increased by a contract amendment approved by the Owner and the
Administrator. Appropriate documentation justifying the increase
shall accompany the contract amendment.
Compensation under paragraph A of this section shall be due and
payable as follows:
1. Ninety-five Percent (95%) thereof shall be due and payable
ten (10) days after delivery each month of the invoice of the
Engineer;
2. The balance of such compensation shall be due and payable ten
(10) days after delivery of a statement by the Engineer to the Owner
certifying that all final documents prepared by the Engineer, for
execution by the Contractor, have been mailed or delivered to the
Contractor for execution.
B. For Services Under section 2. The Owner shall pay the
Engineer for all services performed under section 2 as follows:
1. The sum of ________ dollars ($________) for each service
entrance to be installed, replaced or modified during the
construction of the Project; plus
2. The sum of ________ dollars ($________); or when the Project
is divided into sections for which separate outside plant plans and
specifications are prepared, the sum of ________ dollars ($________)
for each section requiring final documents; plus the sum of ________
dollars ($________) for each mile of Project line facilities
included in the final documents. Ninety-five (95%) percent of the
compensation under this paragraph shall be due and payable ten (10)
days after approval by the Owner and the Administrator of the
respective final documents and the balance of the compensation under
this paragraph shall be due and payable ten (10) days after
completion of the Project as defined in the Table 1.
C. Bi-weekly Statement. For compensation covered by paragraph A
this section, the Engineer shall submit to the Owner a biweekly
statement showing the names of the resident engineers and
inspectors, and the actual time spent on the Project by each
Resident Engineer and each Inspector during the preceding period.
The statement should be prepared and submitted to the Owner in a
format similar to that shown in RUS Form 217, Exhibit A.
Section 6. Section Reference. Unless otherwise specified or
indicated, any reference to ``section'' shall mean within this
attachment RUS Form 217g--Outside Plant Construction-Project
Direction, Inspection, Testing and Contract Closeout.
[End of clause]
Dated: December 12, 1995.
Jill Long Thompson,
Under Secretary, Rural Economic and Community Development.
[FR Doc. 95-31096 Filed 12-26-95; 8:45 am]
BILLING CODE 3410-15-P
