HDWILF44
12/5/06
CHECKLIST FOR ENGINEERING
SERVICES CONTRACTS
Loan Recipient
Loan NumberDWI–H280
Consulting Engineer
Project Manager
Total Contract Amount
Eligible Contract Amount Approved
Project Manager’s Input Received (If needed)
Compensation Breakdown:
I. Does the contract include the following provisions and services?A. Nature, scope and extent of work to be performed? / Yes / No / N/A
*1. Bidding Phase Services? / Yes / No / N/A
*2. Basic Engineering Services? / Yes / No / N/A
*3. Resident Observation Services? / Yes / No / N/A
Does the agreement specify whether full or part time resident observation is being provided? / Yes / No / N/A
*4. Operation and Maintenance Manual (required for treatment projects only) / Yes / No / N/A
*5. Record Drawings / Yes / No / N/A
- Timeframe for performance
C. Total cost of compensation to the consulting engineer? / Yes / No / N/A
D. Payment provisions which include:
1. Cost ceilings for cost plus and per diem contracts, which include: / Yes / No / N/A
a) Hourly rates, overhead rates & profit rates, for cost plus contracts. / Yes / No / N/A
b) Per diem rates, for per diem contracts. / Yes / No / N/A
c) Provisions for when and how these rates can be changed.(*)
(*) Make suggestion in the comment letter, but do not withhold approval if not included in LR’s response to comments. / Yes / No / N/A
2. When and how lump sum contract payment amounts will be paid. / Yes / No / N/A
3. Frequency of payments. / Yes / No / N/A
II. Has the consulting engineer’s Certification Regarding Debarment, Suspension and Other Matters of Responsibility been submitted? (Over $25,000 only) / Yes / No / N/A
A.Is it signed and dated?
/ Yes / No / N/AB. If this is a new consultant coming into the program, or if we have reason to suspect the accuracy of the Certification check the most current list on the internet at to make sure they are not on EPA’s List of Debarred or Suspended Firms. / Yes / No / N/A
III. Has the Procurement Certification form been submitted?
(HDWILF 74) / Yes / No / N/A
A.Is it signed and dated by the authorized representative and legal counsel? / Yes / No / N/A
B.Has it been altered in any way? / Yes / No / N/A
IV. Is there a clause specifying the professional engineer (and
his/her registration number) who will bear the primary responsibility for the engineering work on the project?
Note. If no, suggest the following contract clause, “The name and registration number of the professional engineer who will bear the primary responsibility for the engineering work on this project is ___name______, MS Registration No. ____PE Number____. / Yes / No / N/A
V. Does the contract provide MDH and its representatives access to and the right to audit , inspect, copy and examine books, financial records and other documents relating directly to the receipt and disbursement of DWSIRLF funds? / Yes / No / N/A
VI. Does the contract include a Limitation of Liability Clause that would limit the consulting engineers liability under this contract? If yes, comment must be made that, in accordance with a 1992 Attorney General’s opinion, Article 4, Section 100 of the Mississippi Constitution of 1890 prohibits the inclusion of provisions limiting the liability of a contractor to a public agency or county, city , or town in a public works contract. Such a liability clause must be deleted from the contract. / Yes / No / N/A
VII. Is the contract signed and dated by both parties? / Yes / No / N/A
VIII.Does the Professional Services contract have the following clause:
The Loan Recipient acknowledges and agrees that the Department is not a party, in any manner whatsoever, to any contract between the DWSIRLF loan recipient and the construction contractor(s), engineer(s), attorney(s), equipment supplier(s), subcontractor(s) or any other parties of any kind whatsoever (hereinafter collectively referred to as “vendor”). The Loan Recipient also acknowledges and agrees that any benefit to vendors contracting with the Loan Recipient arising from, or associated with this contract is strictly incidental and all such vendors are not, and are not intended to be considered as third party beneficiaries under any agreement between the Department and the Loan Recipient. / Yes / No / N/A
IX. Does the engineering contract reference any subcontracts? / Yes / No / N/A
If yes, has the engineer submitted copies of the subcontracts for our review and approval? If yes, then HDWILF 44 must be completed for each subcontract. / Yes / No / N/A
X. Does the contract include any planning and design services costs? / Yes / No / N/A
If yes, are these costs shown separately? / Yes / No / N/A
XI.Are there any other concerns or discrepancies noted that should be addressed? / Yes / No / N/A
If yes, explain
*Contract provisions that must be included in a contract whether the Department participates in the cost of the contract or not.
Review Status:
Comments:
Program Support SpecialistDateEngineering CoordinatorDate
Approved:
Program Support SpecialistDateEngineering CoordinatorDate