Rd instruction 1942-a table of Contents




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73

(Revision 5)


(2-6-85) PN 956

RD Instruction 1942-A

§1942.17 (r)(3) (Con.)

(i) Post construction inspection. The District Director will inspect each facility between the beginning of the ninth and the end of the eleventh full month of the first year of operation. This will normally coincide with the District Director's review of the borrower's total operational and management practices described in paragraph (r)(1)(ii)(A) of this section. The results of this inspection will be reported to the State Director on Form RD 1924-12. Earlier inspections will be made when operational or other problems indicate a need. The State Director will provide guidance to the District Director to assure that action will be taken to correct project deficiencies. (Revised 5-12-87, SPECIAL PN.)


(ii) Subsequent inspections. The District Director will make subsequent inspections of borrower security property and facilities during each third year after the post construction inspection. The results of this inspection will be reported to the State Director on Form RD 1924-12. (Revised 5-12-87, SPECIAL PN.)
(iii) Special inspections. The District Director may request, or the State Director may determine, the need for a member of the State staff to make certain security inspections. In such cases, the State Director will detail a staff member to make such inspections.
(iv) Follow-up inspections. If any inspection discloses deficiencies or exceptions, or otherwise indicates a need for subsequent inspections prior to the third year, the State Director will prescribe the type and frequency of follow-up inspections. These inspections will be made until all deficiencies and exceptions have been corrected.
(4) Civil rights compliance reviews will be performed under Subpart E of Part 1901 of this chapter for the life of the loan.
(5) Other loan servicing actions will be in accordance with Subpart E of Part 1951 of this chapter.


74

(Revision 5)


RD Instruction 1942-A

Table of Contents


Sec. Page
1942.18 - Community Facilities - Planning, Bidding,

Contracting, Constructing.


(a) General. 76

(b) Technical services. 76

(c) Preliminary reports. 76

(d) Design policies. 76


(1) Natural resources. 76

(2) Historic preservation. 77

(3) Architectural barriers. 77

(4) Health Care Facilities. 77

(5) Energy conservation. 78

(6) Lead base paints. 78

(7) Fire protection. 78

(8) Growth capacity. 78

(9) Water conservation. 78

(10) Water quality. 78

(11) Combined sewers 78

(12) Compliance. 79

(13) Dam safety. 79

(14) Pipe. 79

(15) Water system testing. 79

(16) Metering devices. 79

(17) Seismic safety. 79
(e) Construction contracts. 79A

(f) Utility purchase contracts. 80

(g) Sewage treatment and bulk water sales contracts. 82

(h) Performing construction. 82

(i) Owner's contractual responsibility. 83

(j) Owner's procurement regulations. 83

(k) Procurement methods. 86

(l) Contracting methods. 88

(m) Contracts awarded prior to preapplications. 89

(n) Contract provisions. 90

(o) Contract administration. 92
(1) Preconstruction conference. 92

(2) Monitoring reports. 93

(3) Inspection. 93

(4) Inspector's daily diary. 94

(5) Prefinal inspections. 94

(6) Final inspection. 94

(7) Changes in development plans. 94

75


(Revision 2)

(02-06-85) PN 956

RD Instruction 1942-A

§1942.18 Community Facilities - Planning, Bidding, Contracting,



Constructing.
(a) General. This section is specifically designed for use by owners including the professional or technical consultants and/or agents who provide assistance and services such as architectural, engineering, inspection, financial, legal or other services related to planning, bidding, contracting, and constructing community facilities. These procedures do not relieve the owner of the contractual obligations that arise from the procurement of these services. For this section, an owner is defined as an applicant, borrower, or grantee.
(b) Technical services. Owners are responsible for providing the engineering or architectural services necessary for planning, designing, bidding, contracting, inspecting, and constructing their facilities. Services may be provided by the owner's "in house" engineer or architect or through contract, subject to Rural Development concurrence. Architects and engineers must be licensed in the State where the facility is to be constructed.
(c) Preliminary reports. Preliminary architectural and engineering reports must conform with customary professional standards. Preliminary report guidelines for water, sanitary sewer, solid waste, storm sewer, and other essential community facilities are available from Rural Development.
(d) Design policies. Facilities financed by Rural Development will be designed and constructed in accordance with sound engineering and architectural practices, and must meet the requirements of Federal, State and local agencies.
(1) Natural resources. Facility planning should be responsive to the owner's needs and should consider the long-term economic, social and environmental needs as set forth in this section. The Agency’s environmental review requirements are found at 7 CFR part 1970. (Revised 04-01-16, SPECIAL PN.)

76

(Revision 2)


(2-6-85, PN 956)

§1942.18 (d)(l)(i) (Con.) RD Instruction 1942-A

(2) Historic preservation. Facilities should be designed and constructed in a manner which will contribute to the preservation and enhancement of sites, structures, and objects of historical, architectural, and archaeological significance. All facilities must comply with Section 106 of the National Historic Preservation Act of 1966 (16 U.S.C 470), as implemented by 36 CFR part 800, and Executive Order 11593, “Protection and Enhancement of the Cultural Environment.” 7 CFR part 1970 sets forth procedures for the protection of historic and archaeological properties. (Revised
04-01-16, SPECIAL PN.)
(3) Architectural barriers. All facilities intended for or accessible to the public or in which physically handicapped persons may be employed or reside must be developed in compliance with the Architectural Barriers Act of 1968 (P.L. 90-480) as implemented by the General Services Administration regulations 41 CFR 101-19.6 and Section 504 of the Rehabilitation Act of 1973 (P.L. 93-112) as implemented by 7 CFR, Parts 15 and 15b.
(4) Health Care Facilities. The proposed facility must meet the minimum standards for design and construction contained in the American Institute of Architects Press Publication No. ISBN 0913962-96-1, "Guidelines for Construction and Equipment of

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