U.S. USDA Form usda-rd-1924-6-fmi FORMS MANUAL INSERT USDA-RD Form RD 1924-6 (Rev. 8-93) FORM RD 1924-06 Position 6 CONSTRUCTION CONTRACT FORM APPROVED OMB NO. 0575-0042 State County day of This Contract, made this , 20 ______________ , of by (hereinafter called the ‘Owner’) , and of Used by the borrower when development work is performed by the contract method. Method of Payment CHECK “X” The appropriate payment clause and effectively “x out” (xxxx) all of the clauses not applicable. (hereinafter called the “Contractor”). WITNESSETH that the parties hereto agree as follows: (A) The Contractor will furnish materials and perform the work for: for the consideration of dollars ($ in accordance with the “General Conditions” shown in this contract and the specifications and the drawings as follows: (B) The Contractor will start work by work by (C) The Owner will make payments as follows: (Check applicable.) , 20 , 20 ), , and will complete the (See paragraph III of General Conditions). proper payment clause and effectively xxxxxxxxxx out all of the clauses not (1)Payments may be made at intervals of time such as days or payments may be made upon completion of different stages of construction such as the completion of the foundation, framing, and so forth. 1. ONE LUMP SUM will be made for the whole contract, upon acceptance by the owner and Rural Development, of all work required hereunder and compliance by the contractor with all the terms and conditions of this contract. Builder’s Warranty: 2. PARTIAL PAYMENTS NOT TO EXCEED 60 PERCENT of the value of the work place (less the aggregate of previous payments) will be made at intervals of . The value of work in place shall be as estimated by the contractor and approved by Rural Development. Prior to receiving any partial payment, the contractor must furnish the owner with a statement showing the total amount owed to date for materials and labor procured under this contract and, if required by the owner or Rural Development, must also submit evidence showing that previous partial payments were properly applied and that the current payment will be properly applied. Upon completion of the whole contract and acceptance of the work as required hereunder, by the owner and Rural Develop­ ment, and compliance by the contractor with all terms and conditions of this contract, the amount due the contractor will be paid. (2) Check “X” the appropriate clause and effectively “x out” (xxxx) of the inapplicable clause. 3. PARTIAL PAYMENTS IN THE AMOUNT OF 90 PERCENT of the value of the work in place and of the value of the materials suitably stored at the site (less the aggregate of previous payments) will be made at intervals of . The value of the work and materials in place or on site shall be as estimated by the contractor and approved by the owner and Rural Development. Upon acceptance by the owner and Rural Development of all work required hereunder, and compliance by the contractor with all terms and conditions of this contract, the amount due the contractor will be paid. The contractor shall, before the owner signs the contract, deliver to the owner a surety bond in the amount of the contract. (D) The items described below (the Notice of Requirement for Affirmative Action to Ensure Equal Employment Opportunity required by Executive Order 11246, the Equal Opportunity Clause published at 41 CFR 60-1.4 (a) and (b), and the Standard Federal Equal Employment Opportunity Construction Contract Specifications required by Executive Order 11246) apply, during the performance of this contract, if the contract exceed $10,000 (This also includes subsequent loans and grants, or contract change orders made during the construction period of the original contract , which will cause the total to exceed $10,000.) to the following: (1) All contractors or subcontractors who hold any Federal or federally assisted construction contract, (2) All grants, contracts and loans (direct, insured, or guaranteed) let by Rural Development, and (3) All construction work performed by construction contractors and subcontractors for Federal nonconstruction contractors and subcontractors if the construction work is necessary in whole or in part to the performance of a nonconstruction contract or subcontract. The items are applicable to all of a contractor’s or subcontractor’s employees who are engaged in “on site” construction including those construction employees who work on a non-Federal or non­ federally assisted construction site. The items, however, will not pre-empt state and local government regulations of the construction industry, and will not relieve contractors and subcontractors of the obligations they may have under other affirmative action or equal opportunity programs. Public reporting for this collection of information is estimated to average 15 minutes per response, including the time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information. Send comments regarding this burden estimate or any other aspect of this collection of information, including suggestions for reducing this burden, to Department of Agriculture, Clearance Officer, OIRM, AG Box 7630, Washington, D.C. 20250; and to the Office of Management and Budget, Paperwork Reduction Project (OMB No. 0575-0042), Washington, D.C. 20503. Please DO NOT RETURN this form to either of these addresses. Forward to Rural Development only. (see reverse) PROCEDURE FOR PREPARATION : RD Instruction 1901-E, 1924-A, and 1942-A. PREPARED BY : County Supervisor. NUMBER OF COPIES : Original and two. SIGNATURES REQUIRED : Original and two copies by contractor and borrower. DISTRIBUTION COPIES : Original signed copy to contractor signed retained in County Office; signed copy to borrower. (5-12-87) SPECIAL PN (FMI - Form RD 1924-6 ) -2- 2 NOTICE OF REQUIREMENT FOR AFFIRMATIVE ACTION TO ENSURE EQUAL EMPLOYMENT OPPORTUNITY (Executive Order 11246) Date City DOL Region Goals and Timetables for WOMEN (Exhibit D, RD Instruction 1901-E) Timetable Trade Goal (%) From 4-1-78 until 3-31-79 From 4-1-79 until 3-31-80 From 4-1-80 until 3-31-81 All trades All trades All trades 3.1 5.1 6.9 Goals and Timetables for ALL MINORITIES (Exhibit D, RD Instruction 1901-E) EQUAL OPPORTUNITY CLAUSE (41 CFR 60—1.4 (a) AND (b)) (1) The contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex or national origin. The contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, color, religion, sex or national origin. Such action shall include, but not be limited, to the following: employment, upgrading, demotion or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by Rural Development setting forth the provisions of this nondiscrimination clause. (2) The contractor will, in all solicitations or advertisements for employees placed by or on behalf of the contractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex or national origin. (3) The contractor will send to each labor union or representative of workers with which contractor has a collective bargaining agreement or other contract or understanding, a notice, to be provided by Rural Development, advising the said labor union or workers’ representative of the contractor’s commitments under this agreement as required pursuant to Section 301 of Executive Order 11246 of September 24, 1965, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. (4) The contractor will comply with all provisions of such Executive Order and of all relevant rules, regulations, and orders of the Secretary of Labor and of any prior authority which remain in effect. (5) The contractor will furnish all information and reports required by such Executive Order, rules, regulations, and orders, or pursuant thereto, and will permit access to books, records, and accounts by Rural Development and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders. (6) In the event of the contractor’s noncompliance with the nondiscrimination clauses of this contract or with any of the said rules, regulations, or orders, this contract may be cancelled, terminated or suspended in whole or in part and the contractor may be declared ineligible for further contracts in accordance with procedures authorized in such Executive Order and such other sanctions may be imposed and remedies invoked as provided in the Executive Order or by any such rules, regulations, or orders, or as otherwise provided by law. (7) The contractor will include the provisions of paragraphs (1) through (7) in every subcontract or purchase order, unless exempted by such rules, regulations, or orders, so that such provisions will be binding upon each such subcontractor or vendor. The contractor will take such action as Rural Development may direct as a means of enforcing such provisions, including sanctions for noncompliance: Provided, however, that in the event the contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by Rural Development, the contractor may request the United States to enter into such litigation to protect the interest of the United States. RD 1924-6