Checklist for AE Contracts

OMB Control No. 0610-0096
Expiration Date: xx/xx/20xx

ECONOMIC DEVELOPMENT ADMINISTRATION
ARCHITECT/ENGINEER CONTRACT CHECKLIST
EDA Award Number:

Date:

Recipient:
Co-Recipient(s):
Recipient’s Authorized Representative:
Name & Phone Number

Project/Contract
Description

* Non-EDA
Contract Total Contract EDA Funded
Amount
Amount
Award Date
Funded Amount
$

$

$

* Design services of project components not part of the EDA Grant Project and do not include EDA funds nor local match funds.

1.

The Recipient’s Architect/Engineer (A/E) contract is in compliance with the
Recipient’s written procurement procedures. The firm was selected in
accordance with the procurement standards set forth in 2 CFR Part 200, and
according to the EDA publication “Summary of EDA Construction Standards.”

2.

The A/E was selected competitively by sealed bids (formal advertising) or by
competitive proposals. If not, attach an explanation of the selection method and
the reason(s) for using that method.

3.

Requests for qualifications were publicized and all evaluation factors and their
relative importance were identified therein. Any response to publicized requests
for qualifications was honored to the maximum extent practical.

4.

Qualifications were solicited from an adequate number of qualified sources
(normally it is sufficient to secure at least three proposals from qualified sources.)
If less than 3 qualified proposals were secured, submit an explanation to the EDA
Engineer with this checklist.

5.

The Recipient has an objective method for conducting technical evaluations of
proposals received, selecting the best proposal, and consideration of other factors.

6.

The Recipient determined the responsible firm whose proposal was most
advantageous to the program, with other factors considered. Competitor's
qualifications were evaluated and the most qualified competitor was selected,
subject to negotiation of fair and reasonable compensation.

7.

The A/E agreement provides for all services required by the Recipient for the
planning, design, and construction phase of the proposed project. Appropriate
standards or guides developed by such professional organizations as the American
Consulting Engineers Council (ACEC), American Society of Civil Engineers
(ASCE), National Society of Professional Engineers (NSPE), and/or the American
Institute of Architects (AIA) may be used where the Recipient does not have
standard contract documents.
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Y

N

NA

A/E Contract Checklist

Y
8.

The A/E’s fee for basic services is either a fixed price or a cost reimbursement with
an agreed maximum. (The amount of EDA participation will be based on a
determination, subject to audit, that the fee compensation is reasonable.)

9.

The A/E contract compensation is not based on the use of the cost-plus-apercentage-of- cost or percentage of construction cost form of compensation.
(These forms of compensation are not eligible for EDA participation.)

10. The A/E has provided a breakdown of the fee and it has been reviewed to be
reasonable.
11. The A/E provided fee breakdown provides that compensation is based on
completion of specific milestones. (Preliminary design, final design, construction
management, etc.)
12. The A/E's fee covers all services necessary for the successful execution of the
project, including consultations, surveys, soil investigations, supervision, "as- built"
drawings, arrow diagram (CPM/PERT, for example) where applicable, and
incidental costs.
13. The basic fee does not exceed that prevailing for comparable services in the project
area. If the total fee is in excess of the prevailing rate because of special services to
be performed, these services are identified in the agreement. Such additional charges
may be approved for funding under the EDA grants if they:
a. Do not duplicate charges for services provided for in the basic fee;
b. Are a proper charge against the project cost; and
c. Are reasonable for the extra services to be rendered.
14. Regardless of who furnishes the construction inspector, the agreement requires
the A/E to make sufficient visits to the project site to determine, in general, if
the work is proceeding in accordance with the construction contract.
15. The required federal contract provisions included (Refer to Appendix II to 2 CFR
Part 200 - Contract Provisions for Non-Federal Entity Contracts under Federal
Awards.)
16. The A/E Agreement states a specific timetable for:
a. Completing preliminary plans and associated cost estimates;
b. Completing final plans, specifications, and cost estimates;
c. Securing required State and local approvals; and
d. Completing proposed contract documents sufficient for soliciting bids.

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N

NA

A/E Contract Checklist

Y
17. The A/E agreement provides for surveillance of project construction to assure
compliance with plans, specifications, and all other contract documents. If the
Recipient chooses the A/E as the project inspector, the requirements for inspection
services shall be clearly defined and the amount the Recipient is required to pay for
such services shall be stated.
18. The A/E agrees to be responsible for any damages arising from any defects in design
or negligence in the performance of the construction inspector, if the inspector is
furnished by the A/E. (EDA recommends that the A/E take insurance, when
available, to cover liability for such damages.)
19. The A/E agrees to supervise any required subsurface explorations such as borings
and soil tests to determine amounts of rock excavation or foundation conditions,
no matter whether they are performed by the A/E or by others paid by the
Recipient.
20. The A/E agrees to attend bid openings, prepare and submit tabulation of bids, and
make a recommendation as to contract award.
21. The A/E agrees to review proof of bidder's qualifications and recommend approval
or disapproval.
22. The Recipient has checked the website www.SAM.gov and has verified that the A/E
does not appear on the Excluded Parties List.
23. For contracts over $100,000, an executed copy of the Certification Regarding
Lobbying has been submitted from the contractor as required by Section 1352,
Title 31, of the U.S. Code.
24. The A/E agrees to submit a report not less frequently than quarterly to the Recipient
covering the general progress of the job and describing any problems or factors
contributing to delay.
25. The executed A/E Contract has been reviewed by the Recipient’s Attorney.
The company/firm name and address of the Architect/Engineer is:

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N

NA

A/E Contract Checklist

If the Architect/Engineer will not be performing project inspection services, the firm
name and address that will provide inspection services is listed below and was selected
in accordance with the procurement standards set forth in 2 CFR Part 200; or the inhouse employee name and department conducting construction inspection services is
listed below:

The contract price for basic A/E services is

$

The contract price for other/extra A/E services is

$

The estimate for reimbursable expenses is (if applicable)

$

The contract price for inspection services is

$

Prepared By (Name & Title)

Prepared By (Signature)

Date

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