U.S. USDA Form usda-rd-1924-6
Position 6
USDA - RD
Form RD 1924-6
(Rev. 8-93)
FORM APPROVED
OMB NO. 0575-0042
CONSTRUCTION CONTRACT
State
County
This Contract, made this
,
day of
20
,
of
by
(hereinafter called the ''Owner''), and
of
(hereinafter called the "Contractor").
WITNESSETH that the parties hereto agree as follows:
(A)
The Contractor will furnish materials and perform the work for:
dollars ($
for the consideration of
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
the work by
(C) The Owner will make payments as follows. (Check
not applicable.)
,
20
20
),
, and will complete
(See paragraph III of General Conditions).
proper payment clause and effectively xxxxxxxx out all of the clauses
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 contractor with all the terms and conditions of this contract.
2. PARTIAL PAYMENTS NOT TO EXCEED 60 PERCENT of the value of the work in 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 Development, and compliance by the contractor with all terms and conditions of this contract, the amount
due the contractor will be paid.
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 exceeds $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 preempt state or 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, Washing ton, D.C. 20250; and to the Office of Management and Budget,
Paper work Reduction Project (OMB No. 0575-0042), Washington, D.C. 20503. Please DO NOT RETURN this form to either of these address. Forward to Rural Development only.
2
NOTICE OF REQUIREMENT FOR AFFIRMATIVE ACTION TO ENSURE EQUAL EMPLOYMENT
OPPORTUNITY (Executive Order 11246)
Date
DOL Region
City
Goals and Timetables for WOMEN (Exhibit D, RD Instruction 1901-E)
Timetable
From 4 -1-78 until 3-31-79
From 4 -1-79 until 3-31-80
From 4 -1-80 until 3-31-81
Trade
All trades
All trades
All trades
Goal (%)
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.
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.
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.
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.
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 canceled, 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 order, or as otherwise provided by law.
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.
(3)
(4)
(5)
(6)
(7)
RD 1924-6