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Current as of October 02, 2022 | Updated by FindLaw Staff
(a) This section outlines the procedure to be followed to close out RUS Contract Form 257 (Contract to Construct Buildings) and construction or rehabilitation performed by the force account method.
(b) RUS Form 257 Contract.
(1) Whenever changes were made in the plans and specifications which did not require immediate submission to RUS of an amendment under § 1753.11, a final contract amendment showing the changes shall be prepared.
(2) Upon completion of the project, the borrower shall obtain certifications from the architect or engineer that the project and all required documentation are satisfactory and complete. The requirements for this certification are contained in § 1753.18.
(3) The engineer's or architect's contract closeout certification and the final amendment shall be submitted to RUS as a basis for the final advance of funds for the contract.
(4) After all required RUS approvals are obtained, final payment is made in accordance with article III of RUS Form 257 once the borrower has received the architect's or engineer's certifications regarding satisfactory completion of the project.
(c) Upon completion of force account construction, the borrower shall:
(1) Arrange with its architect or engineer and the GFR for final inspection of the project.
(2) Complete, with the assistance of its architect or engineer, the documents listed in the following table that are required for the closeout of force account construction.
DOCUMENTS REQUIRED TO CLOSEOUT CONSTRUCTION OF BUILDINGS |
|||||||
---|---|---|---|---|---|---|---|
RUS Form No. |
Description |
Use with |
No. of copies prepared by |
Distribution |
|||
Contract |
Force account |
Contractor |
Architect/engineer |
Borrower |
Contractor |
||
238 |
Construction or Equipment Contract Amendment (if not previously submitted, send to RUS for approval) |
X |
․․․․․․․․․․․․․․․․․․ |
․․․․․․․․․․ |
(3) |
(to RUS) |
(to RUS) |
181 |
Certificate of Completion (contract construction)1 |
X |
․․․․․․․․․․․․․․․․․․ |
․․․․․․․․․․ |
2 |
1 |
1 |
231 |
Certificate of Contractor |
X |
․․․․․․․․․․․․․․․․․․ |
1 |
․․․․․․․․․․․․․․․․․․ |
1 |
|
224 |
Waiver and Release of Lien From Each Supplier |
X |
․․․․․․․․․․․․․․․․․․ |
1 |
․․․․․․․․․․․․․․․․․․ |
1 |
|
213 |
Certificate (buy American) |
X |
․․․․․․․․․․․․․․․․․․ |
1 |
․․․․․․․․․․․․․․․․․․ |
1 |
|
None2 |
“As Built” Plans and Specifications |
X |
X |
․․․․․․․․․․ |
1 |
1 |
|
None |
Guarantees, Warranties, Bonds, Operating or Maintenance Instructions, etc |
X |
․․․․․․․․․․․․․․․․․․ |
1 |
․․․․․․․․․․․․․․․․․․ |
1 |
|
None |
Architect/Engineer seismic safety certification |
X |
X |
․․․․․․․․․․ |
2 |
1 |
1 |
1 Cost of materials and services furnished by borrower are not to be included in Total Cost on RUS Form 181.
2 When only minor changes were made during construction, two copies of a statement to that effect from the Architect will be accepted instead of the “as built” Plans and Specifications.
(3) Make distribution of the completed documents as indicated in the table in this section.
(d) Final payment shall not be made until RUS has approved the closeout documents.
Cite this article: FindLaw.com - Code of Federal Regulations Title 7. Agriculture § 7.1753.30 Closeout procedures - last updated October 02, 2022 | https://codes.findlaw.com/cfr/title-7-agriculture/cfr-sect-7-1753-30/
FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature or via Westlaw before relying on it for your legal needs.
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