Engineering Services Friendsville Wastewater Treatment Improvement

UNITED STATES DEPARTMENT OF AGRICULTURE
RURAL UTILITIES SERVICE
RUS BULLETIN 1780-26
Rural Development-GD-2024-001
SUBJECT: Guidance for the Use of Engineers Joint Contract Documents Committee
(EJCDC) Bidding and Contract Documents on Water and Waste Disposal Projects with
Rural Utilities Service Financial Assistance
TO: Rural Development State Directors, Water and Environmental Program Directors,
Community Program Directors, and State Engineers
EFFECTIVE DATE: Date of approval
OFFICE OF PRIMARY INTEREST: Engineering Policy Branch, Water and
Environmental Programs (WEP), under the Rural Utilities Service (RUS), a part of Rural
Development (RD), an Agency within the United States Department of Agriculture
(USDA)
INSTRUCTIONS: This Bulletin replaces RUS Bulletin 1780-26, Document ID: Rural
Development-GD-2023-001 dated May 24, 2023, and preapproves the use of the 2020
edition of EJCDC E-500 instead of the 2014 edition. The EJCDC C-522, E-520 and
E525 documents have also been preapproved for use under certain limited
circumstances.
This Bulletin revokes the following RUS Bulletins:
* RUS Bulletin 1780-14, RUS Supplemental General Conditions, Document ID:
RD-GD-1997-24, dated July 30, 1997.
* RUS Bulletin 1780-15, Construction Contract Documents, Document ID: RD-GD-
1997-25, dated July 30, 1997.
AVAILABILITY: This Bulletin, as well as any instructions, regulations, or forms
referenced in this Bulletin are available at USDA State Offices. The State Office staff is
familiar with the use of the documents in their states and can answer specific questions
on Agency requirements.
This Bulletin is available on the website: rd.usda.gov/publications/regulations-
guidelines/bulletins/water-and-environmental.
PURPOSE: This Bulletin is to be used by RD staff in providing information and
guidance to funding applicants/recipients (Owners) and professional consultants in
the development of Bidding and Contract Documents that are legally sufficient,
ensure appropriate services are provided at a reasonable fee, and expedite the
achievement of the applicant's goals. This Bulletin supports compliance with 7 CFR
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part 1780, 2 CFR part 200 and the Build America, Buy America Act (BABAA)
requirements under Title IX of the Infrastructure Investment and Jobs Act (IIJA),
Pub. L. 117-58, 70901-70953.
The contents of this guidance document do not have the force and effect of
law and are not meant to bind the public in any way. This document is
intended only to provide clarity to the public regarding existing
requirements under the law or agency policies.
MICHELE BROOKS Digitally signed by MICHELE BROOKS
Date: 2024.05.10 14:49:46 -04'00'
_________________________________________________
MICHELE BROOKS Date
Assistant Administrator
Water and Environmental Programs
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RUS Bulletin 1780-26
Table of Contents
TABLE OF CONTENTS
1. General .............................................................................................................................................. 5
2. Availability........................................................................................................................................ 5
3. Purpose ............................................................................................................................................. 5
4. How to use the Bulletin .................................................................................................................... 6
5. Owner Responsibility ....................................................................................................................... 6
6. Construction Contract Documents (EJCDC C-Series) ................................................................ 7
7. Construction Contract Documents For Small Projects (EJCDC C-522) .................................... 9
8. Engineering Contract Documents (EJCDC E-Series) ................................................................ 10
ATTACHMENT A - GENERAL DOCUMENTS ................................................................................ 1
ATTACHMENT A.1 - CERTIFICATE OF OWNER'S ATTORNEY AND AGENCY
CONCURRENCE ................................................................................................................................... 1
ATTACHMENT A.2 - DOMESTIC PREFERENCE DE MINIMIS LIST FORMAT .................... 1
ATTACHMENT A.3 - SAMPLE LANGUAGE FOR CONTRACTOR'S CERTIFICATION OF
COMPLIANCE ....................................................................................................................................... 1
ATTACHMENT A.4 - SAMPLE LANGUAGE FOR MANUFACTURER'S CERTIFICATION
OF COMPLIANCE ................................................................................................................................ 1
ATTACHMENT A.5 - ENGINEERS CERTIFICATIONS ............................................................... 1
ATTACHMENT B - CONSTRUCTION CONTRACT DOCUMENTS (EJCDC C SERIES) ........ 1
ATTACHMENT B.1 - CONTRACT DOCUMENT CHECKLIST ................................................... 1
ATTACHMENT B.2 - ENGINEER'S DEVELOPMENT OF ADVERTISEMENT FOR BIDS ... 1
ATTACHMENT B.3 - ENGINEER'S DEVELOPMENT OF INSTRUCTIONS TO BIDDERS .. 1
ATTACHMENT B.4 - ENGINEER'S DEVELOPMENT OF BID FORM ...................................... 1
ATTACHMENT B.5 - ENGINEER'S DEVELOPMENT OF AGREEMENT BETWEEN
OWNER AND CONTRACTOR ............................................................................................................ 1
ATTACHMENT B.6 - ENGINEER'S DEVELOPMENT OF SUPPLEMENTARY
CONDITIONS ......................................................................................................................................... 1
ATTACHMENT C - CONTRACT FOR CONSTRUCTION OF A SMALL PROJECT
(EJCDC C-522) .......................................................................................................................................... 1
ATTACHMENT C.1 - C-522 CONTRACT DOCUMENT CHECKLIST ....................................... 1
ATTACHMENT C.2 - REVISIONS TO EJCDC C-522 CONTRACT FOR CONSTRUCTION
OF A SMALL PROJECT ...................................................................................................................... 1
ATTACHMENT D - ENGINEERING CONTRACT DOCUMENTS (EJCDC E-SERIES) ........... 1
ATTACHMENT D.1 - REVISIONS TO STANDARD FORM FOR AGREEMENT BETWEEN
OWNER & ENGINEER FOR PROFESSIONAL SERVICES (EJCDC E-500 (2020))................... 1
ATTACHMENT D.2 - REVISIONS TO SHORT FORM OF AGREEMENT BETWEEN
OWNER & ENGINEER FOR PROFESSIONAL SERVICES (EJCDC E-520 (2020))................... 1
ATTACHMENT D.3 - REVISIONS TO AGREEMENT BETWEEN OWNER AND ENGINEER
FOR STUDY AND REPORT PROFESSIONAL SERVICES (EJCDC E-525 (2022)) .................... 1
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RUS Bulletin 1780-26
Table of Contents
INDEX
EJCDC
Contract Documents
Water and Environmental Programs
ABBREVIATIONS
AIS - American Iron and Steel
BABAA - Build America, Buy America Act
CFR - Code of Federal Regulations
EJCDC - Engineers Joint Contract Documents Committee
EO - Executive Order
GC - General Conditions of the Construction Contract
IIJA - Infrastructure Investment and Jobs Act
ITB - Instructions to Bidders for Construction Contract
NEPA - National Environmental Policy Act
OGC - Office of General Counsel
Pub. L. - Public Law
PPG - Predevelopment Planning Grants
RD - Rural Development
RPR - Resident Project Representative
RUS - Rural Utilities Service
SC - Supplementary Conditions of the Construction Contract
SEARCH - Special Evaluation Assistance for Rural Communities and Households
U.S.C. - United States Code
USDA - United States Department of Agriculture
WEP - Water and Environmental Programs
WWD - Water and Waste Disposal
DEFINITIONS
Defined terms from EJCDC documents are capitalized in this Bulletin.
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RUS Bulletin 1780-26
General
1. General
(a) Approved documents. The EJCDC developed Contract Documents, some of
which are approved by RUS for procurement of equipment and/or services by
loan and grant recipients, subject to the modifications indicated in this Bulletin
being incorporated in these documents. Approved documents are listed in the
appropriate sections that follow.
(b) Alternative documents. Owners not wishing to use these EJCDC
documents may submit the alternative contract document(s) and a written
justification of the need for its (their) use. Such documents must be modified
to meet all federal and state requirements and must be approved for each
project by the RD State Engineer (State Engineer) and reviewed by the
USDA Office of General Counsel (OGC). When modified as described in this
Bulletin, the EJCDC documents listed above have been determined to meet
such requirements and do not require OGC approval.
2. Availability
(a) The EJCDC documents are available online from any of the sponsoring
organizations:
(1) National Society of Professional Engineers (www.nspe.org);
(2) American Council of Engineering Companies (www.acec.org); and
(3) American Society of Civil Engineers (www.asce.org); or
(4) Directly from EJCDC (www.ejcdc.org).
(b) EJCDC documents are proprietary and include a license agreement. State
Offices will not distribute EJCDC documents for use as Contract Documents.
(c) For training purposes, or to illustrate the appropriate use of the integrated set of
documents on RUS financially assisted Water and Waste Disposal (WWD)
projects, the State Office may provide water-marked pdf copies of the
documents.
3. Purpose
(a) The EJCDC has developed Contract Documents that when assembled as
described in this Bulletin are acceptable for use on WWD projects funded by
RUS.
(b) This Bulletin is not intended to make the use of EJCDC documents mandatory.
Rather, this Bulletin serves to assist Owners and professional consultants who
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RUS Bulletin 1780-26
How to use the Bulletin
choose to use EJCDC documents in tailoring certain EJCDC bidding and
contract documents for use with WWD projects financed by RUS.
4. How to use the Bulletin
(a) Assembly of documents. This Bulletin explains the use of EJCDC standard contract
documents, and modifications to make them acceptable for use on WWD projects.
(b) Revising text. This Bulletin may be used in one of three ways:
(1) The Engineer makes all the edits to the purchased EJCDC documents
when these documents will be used for RUS funded WWD projects.
Changes to EJCDC standard language, whether the changes are as per
this Bulletin or by the Owner and its Engineer, are made using red bold
type additions and red single-line strike-out deletions, showing all
revisions.
(2) Attachments are inserted in the Bidding and Contract Documents at the
appropriate location. These attachments must be incorporated by
reference within the agreement. The requirements under Section 4(c)
below still apply under this option.
(3) The Engineer requests from EJCDC free, editable copies of the certain
documents with WEP-required edits already included, upon proof of
purchase of EJCDC documents.
(c) Guidance notes. Guidance notes in blue boxes in the EJCDC documents shall
be implemented as deemed appropriate by Owner and Engineer and deleted
prior to finalization of the documents. Note that several EJCDC documents
require the user to make selections. The user must make those choices and
delete the text not used in accordance with the EJCDC guidance notes.
5. Owner Responsibility
(a) Verify bulletin is current. Before an Owner or their Engineer proceeds with the
development of a set of Bidding Documents, they should contact the State
Engineer to verify they have the most current information specific to the type of
project and state or other jurisdiction where the project is located.
(b) Contractual and administrative issues. The Owner is responsible for settling
all contractual and administrative issues arising out of procurement as a
condition of receiving funding assistance from RUS. These include but are not
limited to: source evaluation; protests; disputes; and claims. Matters concerning
violations of laws are to be referred to the applicable local, state, or federal
authority.
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RUS Bulletin 1780-26
Construction Contract Documents (EJCDC C-Series)
(c) Modifications. It is WEP policy that when Owners choose to use the EJCDC
documents they do so with minimal modification. However, WEP recognizes
each project is unique and that modifications may be necessary to satisfy project
requirements or state statutes. If changes must be made to the standard
documents and/or the modifications in the attached attachments to address
project-specific issues, they must be made in accordance with section 4(b)
above. Because the EJCDC documents are fully integrated, when making a
modification in one document Owners must ensure that appropriate modifications
are made in all affected documents.
6. Construction Contract Documents (EJCDC C-Series)
(a) Use of EJCDC C-series for WWD projects. The EJCDC developed its
Construction Contract Documents (C-series), 2018 edition, for use in traditional
design-bid-build projects. This Bulletin consists of attachments with some
including modifications that, when combined with the standard EJCDC
documents and appropriate Drawings, Specifications and other documents,
create a complete set of acceptable Construction Contract Documents for use on
WWD projects. Contract packages must be assembled in accordance with the
notes and requirements within Attachments A and B of this Bulletin.
(b) Approved documents. The following EJCDC 2018 edition C-series documents
are approved by WEP for procurement of construction services by loan and grant
recipients, subject to the modifications indicated in this Bulletin being
incorporated in these documents. The documents are listed in the order of their
use:
(1) ADVERTISEMENT FOR BIDS FOR CONSTRUCTION
CONTRACT, EJCDC C-111
(2) INSTRUCTIONS TO BIDDERS FOR CONSTRUCTION
CONTRACT, EJCDC C-200
(3) BID FORM FOR CONSTRUCTION CONTRACT, EJCDC C-410
(4) BID BOND (PENAL SUM FORM), EJCDC C-430
(5) QUALIFICATIONS STATEMENT, EJCDC C-451
(6) NOTICE OF AWARD, EJCDC C-510
(7) AGREEMENT BETWEEN OWNER AND CONTRACTOR FOR
CONSTRUCTION CONTRACT (STIPULATED PRICE), EJCDC C-
520
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RUS Bulletin 1780-26
Construction Contract Documents (EJCDC C-Series)
(8) PERFORMANCE BOND, EJCDC C-610
(9) PAYMENT BOND, EJCDC C-615
(10) STANDARD GENERAL CONDITIONS OF THE CONSTRUCTION
CONTRACT, EJCDC NO. C-700
(11) SUPPLEMENTARY CONDITIONS OF THE CONSTRUCTION
CONTRACT, EJCDC C-800
(12) NOTICE TO PROCEED, EJCDC C-550
(13) APPLICATION FOR PAYMENT, EJCDC C-620
(14) WORK CHANGE DIRECTIVE, EJCDC C-940
(15) CHANGE ORDER, EJCDC C-941
(16) FIELD ORDER, EJCDC C-942
(17) CERTIFICATE OF SUBSTANTIAL COMPLETION, EJCDC C-625
(18) NOTICE OF ACCEPTABILITY OF WORK, EJCDC C-626
(c) Previous editions. The current (2018) EJCDC C-series documents should be
used for WWD projects. This Bulletin does not retroactively change the status of
a contract that previously received concurrence from the Agency.
(d) General Conditions. The EJCDC General Conditions (C-700) should not be
modified. Changes to C-700 should be made via the Supplementary Conditions
(C-800).
(e) EJCDC suggested language. The Instructions to Bidders and Supplementary
Conditions must be developed by the Engineer based on EJCDC guidance
documents and the instructions and attachments below. The State Engineer
must verify that the instructions and attachments below were followed prior to
any advertisement for bids.
(f) EJCDC standard language. The Bid Form and the Agreement Between Owner
and Contractor are standard documents from EJCDC but must be modified
before use on a RUS funded project. The State Engineer must verify that the
instructions and attachments below were followed prior to advertisement for
bidding.
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RUS Bulletin 1780-26
Construction Contract Documents For Small Projects (EJCDC C-522)
(g) Project signs. It is customary that project signs identifying the Owner,
Contractor, Engineer, and funding agencies be displayed during project
construction. The Engineer should contact the State Engineer for RD sign
standards to be included in the contract package.
(h) Submission of Contract Documents. One copy of the Bidding Documents
(defined in EJCDC C-700 Article 1.01), which include but are not limited to those
listed in the checklist in Attachment B.1 of this Bulletin, must be submitted to the
State Engineer for review and acceptance prior to advertisement for bid. One
copy of the Advertisement for Bids must be provided to the State Engineer prior
to publication, and one copy must be provided to the RD Area Specialist prior to
issuance of the Notice to Proceed. Addenda shall be submitted to the State
Engineer for review and acceptance prior to issuance, with a copy provided to
the State Engineer and Area Specialist after issuance. Consult with the State
Engineer and Area Specialist for the preferred method of submission (electronic
vs. paper).
(i) State Engineer Concurrence Prior to Bid, Award and Construction. All
Bidding Documents, which include Contract Documents, must receive State
Engineer concurrence prior to advertisement for bids. The State Engineer must
concur with the recommendation to award, and the executed Contract
Documents must be concurred with by the State Engineer. The Owner must
obtain agency concurrence as demonstrated by a fully executed copy of The
Certificate of Owner's Attorney and Agency Concurrence document (Attachment
A.1) prior to construction
(j) Assembly of Bidding and Contract Documents. Refer to the checklist in
Attachment B.1. Other attachments to Attachment B include edits to the EJCDC
C-series documents.
7. Construction Contract Documents For Small Projects (EJCDC C-522)
(a) Use of EJCDC C-522. EJCDC C-522, intended for smaller infrastructure
projects, can be used on WWD projects when the informal procurement methods
under 2 CFR 200.320(a) are used. The procurement procedure must be
documented for the Agency to review. Contracts assembled in accordance with
Attachments A and C of this Bulletin will be considered pre-approved.
(b) Approved documents. The following EJCDC 2018 edition C series documents
are approved by WEP for use along with EJCDC C-522:
(1) PERFORMANCE BOND, EJCDC C-610
(2) PAYMENT BOND, EJCDC C-615
(3) NOTICE TO PROCEED, EJCDC C-550
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RUS Bulletin 1780-26
Engineering Contract Documents (EJCDC E-Series)
(4) WORK CHANGE DIRECTIVE, EJCDC C-940
(5) CHANGE ORDER, EJCDC C-941
(6) CERTIFICATE OF SUBSTANTIAL COMPLETION, EJCDC C-625
(7) NOTICE OF ACCEPTABILITY OF WORK, EJCDC C-626
(c) Previous editions. There is no previously approved edition of C-522.
(d) EJCDC suggested language. The EJCDC C-522 document must be developed
by the Engineer based on EJCDC guidance documents and the instructions and
attachments below. The State Engineer must verify that the instructions and
attachments below were followed prior to any contract award.
(e) Submission of contract documents. One copy of the Contract Documents,
which include but are not limited to those listed in the checklist in Attachment C.1
of this Bulletin, must be submitted to the State Engineer for review prior to
contract award. The contract cannot be awarded until it receives concurrence
from the State Engineer. Consult with the State Engineer and Area Specialist for
the preferred method of submission (electronic vs. paper).
(f) State Engineer concurrence. The State Engineer must concur with the
recommendation to award and the executed Contract Documents. The Owner
must obtain agency concurrence as demonstrated by a fully executed copy of
The Certificate of Owner's Attorney and Agency Concurrence document
(Attachment A.1) prior to construction.
8. Engineering Contract Documents (EJCDC E-Series)
(a) Use of EJCDC E-series for WWD projects. The EJCDC developed its
Engineering Family Documents (E-series), 2020 to 2022 editions, for use in
traditional design-bid-build projects. This Bulletin consists of attachments with
acceptable modifications that, when combined with the standard EJCDC
document, create a complete and acceptable Agreement Between Owner &
Engineer for Professional Services (Engineer Agreement) for use on WWD
projects. The Engineer Agreement must be assembled in accordance with the
following notes and requirements of Attachment D. EJCDC provides guidance for
use of various clauses throughout the documents; those guidance notes must be
followed and should be deleted once the documents are completed.
(b) Approved documents. The following EJCDC 2020-2022 edition E-series
documents are approved by WEP for procurement of engineering services by
loan and grant recipients, subject to the modifications indicated in this Bulletin
being incorporated in these documents:
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