RUS Form 830 Electric System Construction Contract - Lump Sum

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U.S. Department of Agriculture
Rural Utilities Service

ELECTRIC SYSTEM CONSTRUCTION CONTRACT
PROJECT CONSTRUCTION
NOTICE AND INSTRUCTIONS TO BIDDERS
1.

Sealed proposals for the construction, including the supply of necessary labor, materials and equipment, of a
rural electric project of _____________________________________________________________________,
RUS designation __________________ , (hereinafter called the “Owner”) will be received by the Owner on or
before ____________________ o'clock ____ M., _______________________________ , 20____ , at its office
at ______________________________________________ at which time and place the proposals will be
publicly opened and read. Any proposals received subsequent to the time specified will be promptly returned to
the Bidder unopened.

2.

Owner Furnished Materials. The unit prices in the Contractor's Proposal are to include provisions for Owner
Furnished Materials since as stated in Article I, Section 3 of the Contractor's Proposal, the value of the Owner
Furnished Materials, if any, will be deducted from payments to the Bidder for completed Construction Units.

3.

Obtaining Documents. The Plans, Specifications and Construction Drawings, together with all necessary
forms and other documents for bidders may be obtained from the Owner, or from the Engineer _____________
____________________ at the latter's office at ___________________________________________________
upon the payment of $________________________ , which payment will not be subject to refund. The Plans,
Specifications, and Construction Drawings may be examined at the office of the Owner or at the office of the
Engineer.

4.

Manner of Submitting Proposals. Proposals and all supporting instruments must be submitted on the forms
furnished by the Owner and must be delivered in a sealed envelope addressed to the Owner. The name and
address of the Bidder, its license number if a license is required by the State, and the date and hour of the
opening of bids must appear on the envelope in which the Proposal is submitted. Proposals must be completed
in ink or typewritten. No alterations or interlineations will be permitted, unless made before submission, and
initialed and dated. The successful Bidder will be required to execute two additional counterparts of the
Proposal.

5.

Due Diligence. Prior to the submission of the Proposal, the Bidder shall make and shall be deemed to have
made a careful examination of the site of the project and of the Plans, Specifications, Construction Drawings,
and forms of Contractor's Proposal and Contractor's Bond, and shall review the location and nature of the
proposed construction, the transportation facilities, the kind and character of soil and terrain to be
encountered, the kind of facilities required before and during the construction of the project, general local
conditions, environmental and historic preservation considerations, and all other matters that may affect the
cost and time of completion of the project. Bidder will be required to comply with all federal, state, and local
laws, rules, and regulations applicable to its performance, including those pertaining to the licensing of
contractors, and the Anti Kick-Back Act of 1986 (41 U.S.C. 51 et seq).

6.

Proposals will be accepted only from those prequalified bidders invited by the Owner to submit a proposal.

RUS FORM 830 (Rev. 2-22)

7.

The Time for Completion of Construction of the project is of the essence of the Contract and shall be as
specified by the Engineer in the Proposal.

8.

Bid Bond. Each Proposal must be accompanied by a Bid Bond in the form attached hereto or a certified check
on a bank that is a member of the Federal Deposit Insurance Corporation, payable to the order of the Owner, in
an amount equal to ____ percent (enter percentage from zero to ten percent (0-10%) of the maximum bid price.
Each Bidder agrees, provided its Proposal is one of the three low Proposals, that, by filing its Proposal together
with such Bid Bond or check in consideration of the Owner's receiving and considering such Proposals, said
Proposal shall be firm and binding upon each such Bidder and such Bid Bond or check shall be held by the
Owner until a Proposal is accepted and a satisfactory Contractor's Bond is furnished (where required) by the
successful Bidder and such acceptance has been approved by the Administrator, or for a period not to exceed
sixty (60) days from the date hereinbefore set for the opening of Proposals, whichever period shall be the shorter.
If such Proposal is not one of the three low Proposals, the Bid Bond or check will be returned in each instance
within a period of ten days to the Bidder furnishing same.

9.

Contractor's Bond. For a Contract in excess of $100,000, the Bidder agrees to furnish a Contractor's Bond in
triplicate in the form attached hereto with sureties listed by the United States Treasury Department as Acceptable
Sureties, in a penal sum not less than the contract price.

10. Failure to Furnish Contractor’s Bond. Should the successful Bidder fail or refuse to execute such counterparts
or to furnish a Contractor’s Bond (where required) within ten (10) days after written notification of the
acceptance of the Proposal by the Owner, the Bidder will be considered to have abandoned the Proposal. In such
event, the Owner shall be entitled (a) to enforce the Bid Bond in accordance with its terms, or (b) if a certified
check has been delivered with the Proposal, to retain from the proceeds of the certified check, the difference (not
exceeding the amount of the certified check) between the amount of the Proposal and such larger amount for
which the Owner may in good faith contract with another party to construct the project. The term “Successful
Bidder” shall be deemed to include any Bidder whose Proposal is accepted after another Bidder has previously
refused or has been unable to execute the counterparts or to furnish a satisfactory Contractor’s Bond (where
required.)
11. Debarment Certification. The Bidder must provide to the Owner a suspension and debarment certificate in the
form attached hereto.
12. Contract is Entire Agreement. The Contract to be effected by the acceptance of the Proposal shall be deemed
to include the entire agreement between the parties thereto, and the Bidder shall not claim any modifications
thereof resulting from any representation or promise made at any time by any officer, agent or employee of the
Owner or by any other person.
13. Minor Irregularities. The Owner reserves the right to waive minor irregularities or minor errors in any
Proposal, if it appears to the Owner that such irregularities or errors were made through inadvertence. Any such
irregularities or errors so waived must be corrected on the Proposal in which they occur prior to the acceptance
thereof by the Owner.
14. Bid Rejection. The Owner reserves the right to reject any or all Proposals.
15. Discrepancy in Unit Prices. Where the unit prices in the Contractor's Proposal are separated into three
columns designated as “Labor,” “Materials,” and “Labor and Materials,” and where a discrepancy appears
between the sum shown in the “Labor and Materials” column and the correct addition of the sums appearing in
the “Labor” column and the “Materials” column, the correct addition of the sums appearing in the “Labor”
column and the “Materials” column shall control. Similarly, the quantities appearing in the “No. of Units”
column multiplied by the correct addition of the sums in the “Labor” column and the “Materials” shall control
the amounts appearing in the “Extended Price – Labor & Materials” column. Likewise, the correct extensions
shall control the amounts appearing in the “Total, Part __” line for each respective part.
16. Definition of Terms. The terms “Administrator,” “Engineer,” “Completion of Construction,” and
“Completion of the Project” as used throughout this Contract shall be as defined in Article VI, Section 1, of the
Proposal.

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17. The Owner Represents:
a. If by provisions of the Proposal the Owner shall have undertaken to furnish any materials for the
construction of the project, such materials are on hand at locations specified or if such materials are not
on hand they will be made available by the Owner to the successful Bidder at the locations specified before
the time such materials are required for construction.
b. All titles, easements and rights-of-way, except as shown on maps included in the Plans and Specifications,
have been obtained from the owners of the properties on which the project is to be constructed (including
tenants who may reasonably be expected to object to such construction). The remaining easements and
rights-of-way, if any, will be obtained as required to avoid delay in construction.
c.

All staking, except as shown on the maps included in the Plans and Specifications, has been completed and
sufficient staking crews will be available to maintain stakes at all times in advance of construction.

d.

Where underground distribution construction is required, permission has been obtained from state and
local highway and road authorities to install underground distribution power facilities and set pedestals, if
any, on the highway and road right-of-way in the project area. Notwithstanding such permission granted
to the Owner, each Bidder is responsible for ascertaining that the equipment, methods of construction, and
repair proposed to be used on the project will meet all requirements of public authorities having
jurisdiction over highway and road right-of-way. The successful Bidder will be required to furnish proof
satisfactory to the Owner of compliance with this requirement. If required by highway or road authorities,
the successful Bidder will furnish to such authorities a bond or meet other guaranty requirements to assure
the prompt repair of all damages to highways and roads and their associated rights-of-way caused by the
Bidder during construction of the project. This requirement is in addition to and independent of the
Contractor's Bond required under this Contract. The acceptance of a bid from any Bidder is not to be
construed as approval of the Bidder's equipment or proposed construction methods by or on behalf of the
highway and road authorities. Bidders may obtain information concerning the requirements of highway
and road authorities by communicating with the following:
_____________________________________________________________________________________.

e.

All funds necessary for prompt payment for the construction of the project will be available.

If the Owner shall fail to comply with any of the undertakings contained in the foregoing representation or if
any of such representations shall be incorrect, the Bidder will be entitled to an extension of time of completion
for a period equal to the delay, if any, caused by the failure of the Owner to comply with such undertakings or
by any such incorrect representation; provided the Bidder shall have promptly notified the Owner in writing of
its desire to extend the time of completion in accordance with the foregoing; provided, however, that such
extension, if any, of the time of completion shall be the sole remedy of the Bidder for the Owner's failure,
because of conditions beyond the control and without the fault of the Owner, to furnish materials in accordance
with subparagraph a. above.
__________________________________
Owner
By__________________________________

__________________________________
Title
__________________________ , 20____
Date

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RUS FORM 830 Rev. (2-22)

PROPOSAL
TO:
__________________________________________________________________________
____________________________________________________ (hereinafter called the “Owner”).
ARTICLE I--GENERAL
Section 1.

Offer to Construct. The undersigned (hereinafter called the “Bidder”) hereby proposes to receive
and install such materials and equipment as may hereinafter be specified to be furnished by the
Owner, and to furnish all other materials and equipment, all machinery, tools, labor, transportation
and other means required to construct the project in strict accordance with the Plans, Specifications
and Construction Drawings for the prices hereinafter stated.
The total length of the project lines shall be determined by taking the sum of all straight horizontal
span distances between pole stakes or from center to center of poles, or centerline of structures,
carrying conductors, plus the length of service drops, if any, measured horizontally from center of last
pole to the point of attachment to the consumer's building.

Section 2.

Materials and Equipment. The Bidder agrees to furnish and use in the construction of the project
under this Proposal, in the event the Proposal is accepted, only such “fully accepted,” “conditionally
accepted,” and “technically accepted” materials and equipment which have been accepted by RUS as
indicated in the current RUS Informational Publication 202-1, “List of Materials Acceptable for Use
on Systems of RUS Electrification Borrowers,” including revisions adopted prior to the Bid Opening.
The use of “conditionally accepted” or “technically accepted” materials and equipment requires
prior consent by the Owner or Engineer.
The Bidder agrees that the prices for wood poles, wood crossarms, and other timber products set forth
herein shall include the cost of preservative treatment and inspection, insured warranty, or quality
assurance. The Bidder further agrees to obtain from the supplier inspection and treatment reports or
insured warranties, for checking against the delivered timber, and to submit such reports or
warranties to the Owner as one of the prerequisites to monthly and final payments.
The Bidder will purchase all materials and equipment (other than Owner Furnished Materials)
outright and not subject to any conditional sales agreements, bailment, lease or other agreement
reserving unto the seller any right, title or interest therein. All such materials and equipment shall be
new and shall become the property of the Owner when erected in place.

Section 3.

Owner Furnished Materials. The Bidder understands and agrees that, if this Proposal is accepted,
the Owner will furnish to the Bidder the material set forth in the attached “List of Owner Furnished
Materials.” For those items not yet delivered, the Bidder will, on behalf of the Owner, accept delivery
of such of the materials as may be subsequently delivered and will promptly forward to the Owner for
payment the supplier's invoice. The Bidder will acknowledge in writing the receipt of all materials
received as indicated on the List. The materials referred to are on hand at, or will be delivered to, the
locations specified in the List and the Bidder will use such materials in constructing the project.
The value of the completed Construction Units certified by the Bidder each month pursuant to
Article III, Section 1.a of the Proposal shall be reduced by an amount equal to the value of the
materials installed by the Bidder during the preceding month which have been furnished by the Owner
or the delivery of which has been accepted by the Bidder on behalf of the Owner. Only ninety percent
(90%) of the remainder shall be paid prior to the Completion of the project. The value of such
materials shall be computed on the basis of the unit prices stated in the Lists. Materials, if any, not
required for the project, which have been furnished to the Bidder by the Owner or delivery of which
has been accepted by the Bidder on behalf of the Owner, shall be returned to the Owner by the Bidder

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4

upon completion of construction of the project. The value of all materials not installed in the project
nor returned to the Owner shall be deducted from the final payment to the Bidder.
The Owner shall not be obligated to furnish materials in excess of the quantities, size, kind and type
set forth in the attached List. If the Owner furnishes, and the Bidder accepts, materials in excess
thereof, the values of such excess materials shall be their actual cost as stated by the Owner.
Information on the shipping schedules of materials on the “List of Owner Furnished Materials” will
be furnished to the Bidder as necessary during progress of the work.
Upon delivery, the Bidder shall promptly receive, unload, transport and handle all materials and
equipment on the “List of Owner Furnished Materials” at its expense and shall be responsible for
demurrage, if any.
Section 4.

Proposal on Unit Basis. The Bidder understands and agrees that the various Construction Units on
which bids are made are defined by symbols and descriptions in this Proposal, that all said bids are
on a unit basis, and that the Owner may specify any number or combination of Construction Units that

the Owner may deem necessary for the construction of the project. Separate Construction Units are
designated for each different arrangement which may be used in the construction of the project. This

Proposal is based on a consideration of each unit in place and includes only the materials listed on
the corresponding Construction Drawings or description of unit where no drawing exists.
Section 5.

Description of Contract. The Notice and Instructions to Bidders, Plans, Specifications, and
Construction Drawings, which by this reference are incorporated herein, together with the Proposal
and Acceptance constitute the Contract. The Plans, Specifications, and Construction Drawings,
including maps, special drawings, and approved modifications in standard specifications are attached
hereto and identified as follows:
__________________________________________________________________________________
__________________________________________________________________________________
__________________________________________________________________________________
__________________________________________________________________________________
__________________________________________________________________________________

Section 6.

Due Diligence. The Bidder has made a careful examination of the site of the project to be constructed
and of the Plans, Specifications, Construction Drawings, and form of Contractor's Bond attached
hereto, and has become informed as to the location and nature of the proposed construction, the
transportation facilities, the kind and character of soil and terrain to be encountered, and the kind of
facilities required before and during the construction of the project, and has become acquainted with
the labor conditions, federal, state, and local laws, rules, and regulations applicable to its
performance.

Section 7.

License. The Bidder warrants that a Contractor's License is ___ , is not ___ required, and if
required,
it possesses Contractor's License No. ________________ for the State of ______________________
in which the project is located and said license expires on _________________________ , 20___.

Section 8.

Warranty of Good Faith. The Bidder warrants that this Proposal is made in good faith and without
collusion or connection with any person or persons bidding for the same work.

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RUS FORM 830 Rev. (2-22)

Section 9.

Financial Resources.
a.

The Bidder warrants that it has or will obtain the financial resources necessary to ensure
completion of the project.

b.

The Bidder agrees that in the event this Proposal is accepted and a Contractor's Bond is required,
it will furnish a Contractor's Bond in the form attached hereto, in a penal sum not less than the
maximum Contract price, with a surety or sureties listed by the United States Department of
Treasury as Acceptable Sureties.

Section 10. Taxes. The unit prices for Construction Units in this Proposal include provisions for the payment of
all monies which will be payable by the Bidder or the Owner in connection with the construction of the

project on account of taxes imposed by any taxing authority upon the sale, purchase or use of
materials, supplies and equipment, or services or labor of installation thereof, to be incorporated in
the project as part of such Construction Units. The Bidder agrees to pay all such taxes, except taxes
upon the sale, purchase or use of Owner Furnished Materials and it is understood that, as to Owner
Furnished Materials, the values stated in the attached “List of Owner Furnished Materials” include
taxes upon the sale, purchase or use of Owner Furnished Materials, if applicable. The Bidder will
furnish to the appropriate taxing authorities all required information and reports pertaining to the
project, except as to the Owner Furnished Materials.
Section 11. Changes in Quantities. The Bidder understands and agrees that the quantities called for in this
Proposal are approximate, and that the total number of units upon which payment shall be made shall
be as set forth in the inventory. If the Owner changes the quantity of any unit or units specified in this
Proposal by more than fifteen percent (15%) and the materials cost to the Bidder is increased thereby
to an extent which would not be adequately compensated by application of the unit prices in this
Proposal to the revised quantity of such unit or units, such change, to the extent of the quantities of
such units in excess of such fifteen percent (15%) shall be regarded as a change in the construction
within the meaning of Article II, Section 1(d) of this proposal.

ARTICLE II--CONSTRUCTION
Section 1.

Time and Manner of Construction.
a.

The Bidder agrees to commence construction of the project on a date (hereinafter called the
“Commencement Date”) which shall be determined by the Engineer after notice to the bidder in
writing of approval of the contract by the Administrator, if approval of the Administrator is
required, and notice in writing from the Bidder that the Bidder has sufficient materials to warrant
commencement and continuation of construction, but in no event will the Commencement Date be
later than ___________________________ calendar days after date of approval of the contract
by the Administrator, if approval of the Administrator is required. The Bidder further agrees to
prosecute diligently and to complete construction in strict accordance with the Plans,
Specifications and Construction Drawings within ______________________________ calendar
days after Commencement Date: Provided, however, that the Bidder will not be required to dig
holes, set poles, install anchors, install underground conduit, perform any plowing for the
installation of underground cable, or dig trenches if there are more than six (6) inches of frost on
the ground nor to perform any construction on such days when in the judgment of the Engineer
snow, rain, or wind, or the results of snow, rain, or frost make it impracticable to perform any
operation of construction; provided further that the Bidder will not be required to perform any
plowing for the installation of underground cable on public roads or highways if there are more
than two (2) inches of frost in the ground. To the extent of the time lost due to the conditions
described herein and approved in writing by the Engineer, the time of completion set out above
will be extended if the Bidder makes a written request therefore to the Owner as provided in
subsection b of this Section 1.

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b. The time for Completion of Construction shall be extended for the period of any reasonable delay
which is due exclusively to causes beyond the control and without the fault of the Bidder,
including Acts of God, fires, floods, inability to obtain materials and acts or omissions of the
Owner with respect to matters for which the Owner is solely responsible: Provided, however that
no such extension of time for completion shall be granted the Bidder unless within ten (10) days
after the happening of any event relied upon by the Bidder for such an extension of time the
Bidder shall have made a request therefore in writing to the Owner, and provided further that no
delay in such time of completion or in the progress of the work which results from any of the
above causes except acts or omissions of the Owner, shall result in any liability on the part of the
Owner.
c.

The sequence of construction shall be as set forth below, the number or names being the
designations of extensions or areas (hereinafter called the “Sections”) corresponding to the
numbers or names shown on the maps attached hereto, or if no Sections are set forth below, the
sequence of construction shall be as determined by the Bidder, subject to the approval of the
Engineer.
______________________________________________________________________________
______________________________________________________________________________

d.

The Owner, acting through the Engineer with the approval of the Administrator, if approval of the

Administrator is required, may from time to time during the progress of the construction of the
project make such changes, additions or subtractions from the Plans, Specifications, Construction

Drawings, List of Materials and sequence of construction provided for in the previous paragraph
which are part of the Contractor's Proposal as conditions may warrant: Provided, however, that
if any change in the construction to be done shall require an extension of time, a reasonable
extension will be granted if the Bidder shall make a written request therefore to the Owner within
(10) days after any such change is made. And provided further, that if the cost to the Bidder of
construction of the project shall be materially increased by any such change or addition, the
Owner shall pay the Bidder for the reasonable cost thereof in accordance with a Construction
Contract Amendment signed by the Owner and the Bidder and approved by the Administrator, if
approval by the Administrator is required, but no claim for additional compensation for any such
change or addition will be considered unless the Bidder shall have made a written request
therefore to the Owner prior to the commencement of work in connection with such change or
addition.
Section 2.

Environmental Protection. The Bidder shall perform the work in compliance with all applicable
Federal, State, and local Environmental Laws. For purposes of this Agreement, the term
“Environmental Laws” shall mean all Federal, state, and local laws including statutes, regulations,
ordinances, codes, rules, and other governmental restriction and requirements relating to the
environment or solid waste, hazardous substances, hazardous waste, toxic or hazardous material,
pollutants or contaminants including, but not limited to the Comprehensive Environmental Response,
Compensation, and Liability Act, as amended, 42 U.S.C. §§ 9601, et seq., the Federal Water Pollution
Control Act, as amended, 33 U.S.C. §§ 1251, et seq., and the Solid Waste Disposal Act, as amended,
42 U.S.C. §§ 6901, et seq., now or at any time hereafter in effect.

Section 3.

Tools, Equipment, and Qualified Personnel. The Bidder agrees that in the event this Proposal is
accepted it will make available for use in connection with the proposed construction all necessary
tools and equipment and qualified supervisors and workers.

Section 4.

Changes in Construction. The Bidder agrees to make such changes in construction previously
installed in the project by the Bidder as required by the Owner for prices arrived at as follows:
a. For substations and other units where only a portion of the complete unit is affected by the
change, the compensation for such change shall be as agreed upon in writing by the Bidder and

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RUS FORM 830 Rev. (2-22)

the Owner and approved by the Administrator, if approval by the Administrator is required, prior
to the commencement of work in connection with such change.
b.

For all other units, the compensation for such change shall be the reasonable cost thereof as
agreed upon by the Bidder and the Owner, but in no event shall it exceed two (2) times the labor
price quoted in the Proposal for the installation of the unit to be changed. Such compensation
shall be in lieu of any other payment for the installation and removal of the original unit. (If a
new or replacing unit is installed, payment for such new or replacing unit shall be made as shown

in the final inventory.)
No payment shall be made to the Bidder for materials or labor involved in correcting errors or
omissions on the part of the Bidder which result in construction not in accordance with the Plans and
Specifications.
Section 5.

Construction Not in Proposal. The Bidder also agrees that when it is necessary to construct units
not shown in the Proposal, in absence of other mutual agreement, it will construct such units for a
price arrived at as follows:
a.

The cost of materials shall be determined by the invoices.

b.

The cost of labor shall be the reasonable cost thereof, but in no event shall it exceed an amount
determined by calculating the ratio of the total labor costs to the total material costs in the section

of the Proposal involved, and multiplying the cost of materials for the unit in question by this
ratio.
Section 6.

Supervision and Inspection.
a.

The Bidder shall give sufficient supervision to the work, using its best skill and attention. The
Bidder will carefully study and compare all drawings, specifications and other instructions and
will at once report to the Owner any error, inconsistency or omission which it may discover. The
Bidder shall cause the construction work on the project to receive constant supervision by a
competent superintendent (hereinafter called the “Superintendent”) who shall be present at all
times during working hours where construction is being carried on. The Bidder shall also
employ, in connection with the construction of the project, capable, experienced and reliable
supervisors and such skilled workers as may be required for the various classes of work to be
performed. The Bidder shall be solely responsible for the means and methods of construction and

for the supervision of the Bidder’s employees.
b. The Owner reserves the right to require the removal from the project of any employee of the
Bidder if in the judgment of the Owner such removal shall be necessary in order to protect the
interest of the Owner. The Owner shall have the right to require the Bidder to increase the
number of its employees and to increase or change the amount or kind of tools and equipment if
at any time the progress of the work shall be unsatisfactory to the Owner; but the failure of the
Owner to give any such directions shall not relieve the Bidder of its obligations to complete the
work within the time and in the manner specified in this Proposal.
c.

The construction of the project and all materials and equipment used therein, shall be subject to
the inspection, tests, and acceptance by the Owner and the Administrator and the Bidder shall
furnish all information required by the Owner or by the Administrator concerning the nature or
source of any materials incorporated or to be incorporated in the project. All Bidder procedures
and records pertaining to the work shall be made available to the Owner and the Administrator
for review prior to such inspections and tests. The Bidder shall provide all reasonable facilities
necessary for such inspection and tests and shall maintain an office at the site of the project, with
telephone service where obtainable and at least one office employee to whom communications
from the Owner may be delivered. Delivery of such communications in writing to the employee of
the Bidder at such office shall constitute delivery to the Bidder. The Bidder shall have an
authorized agent accompany the Engineer when final inspection is made and, if requested by the

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Owner, when any other inspection is made. The performance of such inspections or tests by the
Owner or the Administrator shall not relieve the Bidder of its obligations to perform the work in
accordance with the requirements of this Contract.
d.

In the event that the Owner, or the Administrator, shall determine that the construction contains
or may contain numerous defects, it shall be the duty of the Bidder and the Bidder's Surety or
Sureties, if any, to have an inspection made by an engineer approved by the Owner and the
Administrator, if approval by the Administrator is required, for the purpose of determining the
exact nature, extent and location of such defects.

e.

The Engineer may recommend to the Owner that the Bidder suspend the work wholly or in part
for such period or periods as the Engineer may deem necessary due to unsuitable weather or such

other conditions as are considered unfavorable for satisfactory prosecution of the work or
because of the failure of the Bidder to comply with any of the provisions of the Contract:
Provided, however, that the Bidder shall not suspend work pursuant to this provision without
written authority from the Owner so to do. The time of completion hereinabove set forth shall be
increased by the number of days of any such suspension, except when such suspension is due to
the failure of the Bidder to comply with any of the provisions of this Contract. In the event that
work is suspended by the Bidder with the consent of the Owner, the Bidder before resuming work
shall give the Owner at least twenty-four (24) hours notice thereof in writing.
Section 7.

Defective Materials and Workmanship.
a.

The acceptance of any materials, equipment (except Owner Furnished Materials) or any
workmanship by the Owner or the Engineer shall not preclude the subsequent rejection thereof if
such materials, equipment, or workmanship shall be found to be defective after delivery or
installation, and any such materials, equipment or workmanship found defective before final
acceptance of the construction shall be replaced or remedied, as the case may be, by and at the
expense of the Bidder. Any such condemned material or equipment shall be immediately removed
from the site of the project by the Bidder at the Bidder's expense. The Bidder shall not be entitled
to any payment hereunder so long as any defective materials, equipment or workmanship in
respect to the project, of which the Bidder shall have had notice, shall not have been replaced or
remedied, as the case may be.

b.

Notwithstanding any certificate which may have been given by the Owner or the Engineer, if any
materials, equipment (except Owner Furnished Materials) or any workmanship which does not
comply with the requirements of this Contract shall be discovered within one (1) year after
Completion of Construction of the project, the Bidder shall replace such defective materials or
equipment or remedy any such defective workmanship within thirty (30) days after notice in
writing of the existence thereof shall have been given by the Owner. If any such defective
materials, equipment, or workmanship so replaced or repaired is found to be defective within one
year after the completion of the replacement or repair, the Bidder shall replace or remedy such
defective materials , equipment, or workmanship. If the Bidder shall be called upon to replace
any defective materials or equipment or to remedy defective workmanship as herein provided, the
Owner, if so requested by the Bidder shall deenergize that section of the project involved in such
work. In the event of failure by the Bidder so to do, the Owner may replace such defective
materials or equipment or remedy such defective workmanship, as the case may be, and in such
event the Bidder shall pay to the Owner the cost and expense thereof.

ARTICLE III--PAYMENTS AND RELEASE OF LIENS
Section 1.

Payments to Bidder.
a.

On or before the fifth (5) day of each calendar month, the Bidder will make application for
payment, and the Owner, on or before the fifteenth (15) day of such month, shall make partial
payment to the Bidder for construction accomplished during the preceding calendar month on the
basis of completed Construction Units furnished and certified to by the Bidder, recommended by

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the Engineer and approved by the Owner solely for the purposes of payment: Provided, however,
that such approval shall not be deemed approval of the workmanship or materials. Only ninety
percent (90%) of each such estimate approved during the construction of the project shall be paid
by the Owner to the Bidder prior to Completion of the project. Upon completion by the Bidder of
the construction of the project, the Engineer will prepare an inventory of the project showing the
total number and character of Construction Units and, after checking such inventory with the
Bidder, will certify it to the Owner. Upon the approval by the Owner and the Administrator, if the

approval of the Administrator is required, of a Certificate of Completion in the form attached
hereto, showing the total cost of the construction performed, the Owner shall make payment to the

Bidder of all amounts to which the Bidder shall be entitled thereunder which shall not have been
paid: Provided, however, that such final payment shall be made not later than ninety (90) days
after the date of Completion of Construction of the project, as specified in the Certificate of
Completion, unless withheld because of the fault of the Bidder.
b.

The Bidder shall be paid on the basis of the number of Construction Units actually installed at
the direction of the Owner shown by the inventory based on the staking sheets or structure lists.

c.

Notwithstanding the provisions of Section 1.a above, the Bidder may, by giving written notice
thereof to the Owner, elect to receive payment in full for any Section of the project upon:
(1) completion of construction of such Section as certified by the Engineer and approved by the
Owner and the Administrator, if approval by the Administrator is required;
(2) submission to the Owner and the Administrator, if submission to the Administrator is
required, of the releases of lien and the certificate referred to in Section 2 of this Article;
(3) approval by the Owner and the Administrator, if approval by the Administrator is required,
of the inventory in respect of such Section; and
(4) submission to the Owner and the Administrator, if submission to the Administrator is
required, of the consent in writing by the Surety or Sureties, if any, on the Contractor's Bond
to payment in full for such Section prior to Completion of the project.
If no Sections are designated in Article II, Section 1c, the term “Section” shall mean for purposes
of this subsection c and Article IV, Section 3b only, a part of the project as designated by the
Owner which represents at least twenty-five percent (25%) of the contract price, and which is
capable of being energized and operated by the Owner.
1

d. Interest at the rate of ________ percent (________%) per annum shall be paid by the Owner to
the Bidder on all unpaid balances due on monthly estimates, commencing fifteen (15) days after
the due date; provided the delay in payment beyond the due date is not caused by any condition
within the control of the Bidder. The due date for purposes of such monthly payment or interest
on all unpaid balances shall be the fifteenth (15) day of each calendar month provided (1) the
Bidder on or before the fifth (5) day of such month shall have submitted its certification of
Construction Units completed during the preceding month and (2) the Owner on or before the
fifteenth (15) day of such month shall have approved such certification. If, for reasons not due to
the Bidder's fault, such approval shall not have been given on or before the fifteenth (15) day of
such month, the due date for purposes of this subsection d shall be the fifteenth (15) day of such
month notwithstanding the absence of the approval of the certification.
2

e.

Interest at the rate of ________ percent (________%) per annum shall be paid by the Owner to
the Bidder on the final payment for the project or any completed Section thereof, commencing
fifteen (15) days after the due date. The due date for purposes of such final payment or interest on

all unpaid balances shall be the date of approval by the Owner of all of the documents requiring

_________________________
1

The Owner shall insert a rate equal to the lowest "Prime Rate" listed in the "Money Rates" section of the Wall Street Journal on the date such
invitation to bid is issued.
2

See Footnote 1.

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such approval, as a condition precedent to the making of final payment, or ninety (90) days after
the date of Completion of Construction of the project, as specified in the Certificate of
Completion, whichever date is earlier.

Section 2.

f.

No payment shall be due while the Bidder is in default in respect of any of the provisions of this
Contract and the Owner may withhold from the Bidder the amount of any claim by a third party
against either the Bidder or the Owner based upon an alleged failure of the Bidder to perform the
work hereunder in accordance with the provisions of this Contract.

g.

The Owner and the Administrator shall have the right to inspect all payrolls, invoices of
materials, and other data and records of the Bidder and of any subcontractor, relevant to the
construction of the project.

Release of Liens and Certificate of Contractor. Upon the completion by the Bidder of the
construction of the project (or any Section thereof if the Bidder shall elect to receive payment in full
for any Section when completed as provided above) but prior to final payment to the Bidder, the
Bidder shall deliver to the Owner, in duplicate, releases of all liens and of rights to claim any lien, in
the form attached hereto from all manufacturers, material suppliers, and subcontractors furnishing
services or materials for the project or such Section and a certificate in the form attached hereto to the

effect that all labor used on or for the project or such Section has been paid and that all such releases
have been submitted to the Owner.
Section 3.

Payments to Material Suppliers and Subcontractors. The Bidder shall pay each material supplier,
if any, within five (5) days after receipt of any payment from the Owner, the amount thereof allowed
the Bidder for and on account of materials furnished or construction performed by each material
supplier or each subcontractor.

ARTICLE IV--PARTICULAR UNDERTAKINGS OF THE BIDDER
Section 1.

Protection to Persons and Property. The Bidder shall at all times take all reasonable precautions
for the safety of employees on the work and of the public, and shall comply with all applicable
provisions of federal, state, and local laws, rules, and regulations and building and construction
codes, in addition to the safety rules and procedures of the Owner.
The following provisions shall not limit the generality of the above requirements:
a.

The Bidder shall at no time and under no circumstances cause or permit any employee of the
Bidder to perform any work upon energized lines, or upon poles carrying energized lines, unless
otherwise specified in the Notice and Instructions to Bidders.

b.

The Bidder shall transport and store all material in facilities and vehicles which are designed to
protect the material from damage. The Bidder shall ensure that all vehicles, trailers, and other
equipment used comply with all applicable licensing, traffic, and highway requirements.

c.

The Bidder shall so conduct the construction of the project as to cause the least possible
obstruction of public highways.

d.

The Bidder shall provide and maintain all such guard lights and other protection for the public
as may be required by applicable statutes, ordinances and regulations or by local conditions.

e.

The Bidder shall do all things necessary or expedient to properly protect any and all parallel,
converging and intersecting lines, joint line poles, highways, and any and all property of others
from damage, and in the event that any such parallel, converging and intersecting lines, joint line
poles, highways or other property are damaged in the course of the construction of the project the

Bidder shall at its own expense restore any or all of such damaged property immediately to as
good a state as before such damage occurred.

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f.

Where the right-of-way of the project traverses cultivated or grazing lands, the Bidder shall limit
the movement of its crews and equipment so as to cause as little damage as possible to crops,
orchards or property and shall endeavor to avoid marring the lands. All fences which are
necessarily opened or moved during the construction of the project shall be replaced in as good
condition as they were found and precautions shall be taken to prevent the escape of livestock.
Except as otherwise provided in the descriptions of underground plowing and trenching assembly
units, the Bidder shall not be responsible for loss of or damage to crops, orchards or property
(other than livestock) on the right-of-way necessarily incident to the construction of the project
and not caused by negligence or inefficient operation of the Bidder. The Bidder shall be
responsible for all other loss of or damage to crops, orchards, or property, whether on or off the
right-of-way, and for all loss of or damage to livestock caused by the construction of the project.
The right-of-way for purposes of this said section shall consist of an area extending __________
feet on both sides of the center line of the poles along the route of the project lines, plus such area
reasonably required by the Bidder for access to the route of the project lines from public roads to
carry on construction activities.

g.

The project, from the commencement of work to completion, or to such earlier date or dates when
the Owner may take possession and control in whole or in part as hereinafter provided shall be
under the charge and control of the Bidder and during such period of control by the Bidder all
risks in connection with the construction of the project and the materials to be used therein shall
be borne by the Bidder. The Bidder shall make good and fully repair all injuries and damages to
the project or any portion thereof under the control of the Bidder by reason of any act of God or
other casualty or cause whether or not the same shall have occurred by reason of the Bidder's
negligence.
(i) To the maximum extent permitted by law, Bidder shall defend, indemnify, and hold harmless
Owner and Owner's directors, officers, and employees from all claims, causes of action,
losses, liabilities, and expenses (including reasonable attorney's fees) for personal loss,
injury, or death to persons (including but not limited to Bidder's employees) and loss,
damage to or destruction of Owner's property or the property of any other person or entity
(including but not limited to Bidder's property) in any manner arising out of or connected
with the Contract, or the materials or equipment supplied or services performed by Bidder,
its subcontractors and suppliers of any tier. But nothing herein shall be construed as making

Bidder liable for any injury, death, loss, damage, or destruction caused by the sole
negligence of Owner.
(ii) To the maximum extent permitted by law, Bidder shall defend, indemnify, and hold harmless
Owner and Owner's directors, officers, and employees from all liens and claims filed or
asserted against Owner, its directors, officers, and employees, or Owner's property or
facilities, for services performed or materials or equipment furnished by Bidder, its
subcontractors and suppliers of any tier, and from all losses, demands, and causes of action
arising out of any such lien or claim. Bidder shall promptly discharge or remove any such
lien or claim by bonding, payment, or otherwise and shall notify Owner promptly when it has
done so. If Bidder does not cause such lien or claim to be discharged or released by
payment, bonding, or otherwise, Owner shall have the right (but shall not be obligated) to
pay all sums necessary to obtain any such discharge or release and to deduct all amounts so
paid from the amount due Bidder.
(iii) Bidder shall provide to Owner's satisfaction evidence of Bidder's ability to comply with the
indemnification provisions of subparagraphs i and ii above, which evidence may include but
may not be limited to a bond or liability insurance policy obtained for this purpose through a
licensed surety or insurance company.
h.

Any and all excess earth, rock, debris, underbrush and other useless materials shall be removed
by the Bidder from the site of the project as rapidly as practicable as the work progresses.

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Section 2.

i.

Upon violation by the Bidder of any of the provisions of this section, after written notice of such
violation given to the Bidder by the Engineer or the Owner, the Bidder shall immediately correct
such violation. Upon failure of the Bidder so to do the Owner may correct such violation at the
Bidder's expense: Provided, however, that the Owner may, if it deems it necessary or advisable,
correct such violation at the Bidder's expense without such prior notice to the Bidder.

j.

The Bidder shall submit to the Owner monthly reports in duplicate of all accidents, giving such
data as may be prescribed by the Owner.

k.

The Bidder shall not proceed with the cutting of trees or clearing of right-of-way without written
notification from the Owner that proper authorization has been received from the owner of the
property, and the Bidder shall promptly notify the Owner whenever any landowner objects to the
trimming or felling of any trees or the performance of any other work on its land in connection
with the project and shall obtain the consent in writing of the Owner before proceeding in any
such case.

l.

The Bidder will furnish, prior to the commencement of underground distribution construction,
proof, satisfactory to the Owner, of compliance with requirements of highway and road
authorities having jurisdiction, including without limitation, the furnishing of a bond or other
guaranty, and approval by such authorities of the equipment and methods of construction and
repair to be used by the Bidder.

Insurance. The Bidder shall take out and maintain throughout the period of this Agreement the
following types and minimum amounts of insurance:
a.

Workers' compensation and employers' liability insurance, as required by law, covering all its
employees who perform any of the obligations of the Bidder under the contract. If any employer
or employee is not subject to the workers' compensation laws of the governing state, then
insurance shall be obtained voluntarily to extend to the employer and employee coverage to the
same extent as though the employer or employee were subject to the workers' compensation laws.

b.

Public liability insurance covering all operations under the contract shall have limits for bodily
injury or death of not less than $1 million each occurrence, limits for property damage of not less
than $1 million each occurrence, and $1 million aggregate for accidents during the policy period.
A single limit of $1 million of bodily injury and property damage is acceptable. This required
insurance may be in a policy or policies of insurance, primary and excess including the umbrella
or catastrophe form.

c.

Automobile liability insurance on all motor vehicles used in connection with the contract, whether

owned, nonowned, or hired, shall have limits for bodily injury or death of not less than $1 million
per person and $1 million each occurrence, and property damage limits of $1 million for each
occurrence. A single limit of $1 million of bodily injury and property damage is acceptable. This
required insurance may be in a policy or policies of insurance, primary and excess including the
umbrella or catastrophe form.
The Owner shall have the right at any time to require public liability insurance and property damage
liability insurance greater than those required in subsection “b” and “c” of this Section. In any such
event, the additional premium or premiums payable solely as the result of such additional insurance
shall be added to the Contract price.
The Owner shall be named as Additional Insured on all policies of insurance required in subsections
“b” and “c” of this Section.
The policies of insurance shall be in such form and issued by such insurer as shall be satisfactory to
the Owner. The Bidder shall furnish the Owner a certificate evidencing compliance with the foregoing

requirements which shall provide not less than (30) days prior written notice to the Owner of any
cancellation or material change in the insurance.

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Section 3.

Delivery of Possession and Control to Owner.
a.

Upon written request of the Owner the Bidder shall deliver to the Owner full possession and
control of any portion of the project provided the Bidder shall have been paid at least ninety
percent (90%) of the cost of construction of such portion. Upon such delivery of the possession
and control of any portion of the project to the Owner, the risk and obligations of the Bidder as
set forth in Article IV, Section 1.g hereof with respect to such portion of the project so delivered to

the Owner shall be terminated; Provided, however, that nothing herein contained shall relieve
the Bidder of any liability with respect to defective materials and workmanship as contained in
Article II, Section 7 hereof.
b.

Where the construction of a Section as hereinbefore defined in Article II, Section 1.c and
Article III, Section 1.c shall have been completed by the Bidder, the Owner agrees, after receipt of

a written request from the Bidder, to accept delivery of possession and control of such Section
upon the issuance by the Engineer of a written statement that the Section has been inspected and
found acceptable by the Engineer. Upon such delivery of the possession and control of any such
Section to the Owner, the risk and obligations of the Bidder as set forth in Article IV, Section 1.g
hereof with respect to such Section so delivered to the Owner shall be terminated: Provided,
however, that nothing herein contained shall relieve the Bidder of any liability with respect to
defective materials or workmanship as contained in Article II, Section 7 hereof.
Section 4.

Energizing the Project.
a.

Prior to Completion of the project the Owner, upon written notice to the Bidder, may test the
construction thereof by temporarily energizing any portion or portions thereof. During the period

of such test the portion or portions of the project so energized shall be considered as within the
possession and control of the Owner and governed by the provisions of Section 3 of this Article.
Upon written notice to the Bidder by the Owner of the completion of such test and upon
deenergizing the lines involved therein said portion or portions of the project shall be considered
as returned to the possession and control of the Bidder unless the Owner shall elect to continue
possession and control in the manner provided in Section 3 of this Article.
b.

Section 5.

The Owner shall have the right to energize permanently any portion or portions of the project
delivered to its possession and control pursuant to the provisions of Section 3 of this Article.

Assignment of Guarantees. All guarantees of materials and workmanship running in favor of the
Bidder shall be transferred and assigned to the Owner prior to the time the Bidder receives final
payment.

ARTICLE V--REMEDIES
Section 1.

Completion on Bidder's Default. If default shall be made by the Bidder or by any subcontractor in
the performance of any of the terms of this Proposal, the Owner, without in any manner limiting its
legal and equitable remedies in the circumstances, may serve upon the Bidder and the Surety or
Sureties, if any, upon the Contractor's Bond or Bonds a written notice requiring the Bidder to cause
such default to be corrected forthwith. Unless within twenty (20) days after the service of such notice
upon the Bidder such default shall be corrected or arrangements for the correction thereof
satisfactory to both the Owner and the Administrator shall be made by the Bidder or its Surety or
Sureties, if any, the Owner may take over the construction of the project and prosecute the same to
completion by Contract or otherwise for the account and at the expense of the Bidder, and the Bidder
and its Surety or Sureties, if any, shall be liable to the Owner for any cost or expense in excess of the
Contract price occasioned thereby. In such event the Owner may take possession of and utilize, in
completing the construction of the project, any materials, tools, supplies, equipment, appliances, and
plant belonging to the Bidder or any of its subcontractors, which may be situated at the site of the
project. The Owner in such contingency may exercise any rights, claims or demands which the Bidder

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may have against third persons in connection with this Contract and for such purpose the Bidder does
hereby assign, transfer and set over unto the Owner all such rights, claims and demands.
Section 2.

Liquidated Damages. The time of the Completion of Construction of the project is of the essence of
the Contract. Should the Bidder neglect, refuse or fail to complete the construction within the time
herein agreed upon, after giving effect to extensions of time, if any, herein provided, then, in that event
and in view of the difficulty of estimating with exactness damages caused by such delay, the Owner
shall have the right to deduct from and retain out of such moneys which may be then due, or which
may become due and payable to the Bidder the sum of _____________________ dollars (_________)
per day for each and every day that such construction is delayed in its completion beyond the specified

time, as liquidated damages and not as a penalty; if the amount due and to become due from the
Owner to the Bidder is insufficient to pay in full any such liquidated damages, the Bidder shall pay to
the Owner the amount necessary to effect such payment in full: Provided, however, that the Owner
shall promptly notify the Bidder in writing of the manner in which the amount retained, deducted or
claimed as liquidated damages was computed.
Section 3.

Cumulative Remedies. Every right or remedy herein conferred upon or reserved to the Owner or the
Government or the Administrator shall be cumulative, shall be in addition to every right and remedy
now or hereafter existing at law or in equity or by statute and the pursuit of any right or remedy shall
not be construed as an election: Provided, however, that the provisions of Section 2 of this Article
shall be the exclusive measure of damages for failure by the Bidder to complete the construction of the
project within the time herein agreed upon.

ARTICLE VI--MISCELLANEOUS
Section 1.

Definitions.
a.

The term “Administrator” shall mean the Administrator of the Rural Utilities Service of the
United States of America and his or her duly authorized representative or any other person in
whom or authority in which may be vested the duties and functions which the Administrator is
now authorized by law to perform.

b.

The term “Engineer” shall mean the Engineer employed by the Owner, to provide engineering
services for the project and said Engineer's duly authorized assistants and representatives.

c.

The term “Completion of Construction” shall mean full performance by the Bidder of the Bidder's

obligations under the Contract and all amendments and revisions thereof except the Bidder's
obligations in respect of (1) Releases of Liens and Certificate of Contractor under Article III,
Section 2 hereof, (2) the inventory referred to in Article III, Section 1 hereof, and (3) other final
documents. The term “Completion of the Project” shall mean full performance by the Bidder of
the Bidder's obligations under the Contract and all amendments and revisions thereof. The
Certificate of Completion, signed by the Engineer and approved in writing by the Owner and the
Administrator, if approval by the Administrator is required, shall be the sole and conclusive
evidence as to the date of Completion of Construction and as to the fact of Completion of the
Project.
Section 2.

Materials and Supplies. In the performance of this contract there shall be furnished only such
unmanufactured articles, materials, and supplies as have been mined or produced in the United States
or in any eligible country, and only such manufactured articles, materials, and supplies as have been
manufactured in the United States or in any eligible country substantially all from articles, materials,
or supplies mined, produced or manufactured, as the case may be, in the United States or in any
eligible country; provided that other articles, materials, or supplies may be used in the event and to
the extent that the Administrator shall expressly in writing authorize such use pursuant to the
provisions of the Rural Electrification Act of 1938, being Title IV of Public Resolution No. 122, 75th
Congress, approved June 21, 1938. For the purposes of this section, an “eligible country” is any

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country that applies with respect to the United States an agreement ensuring reciprocal access for
United States products and services and suppliers to the markets of that country, as determined by the
Unites States Trade Representative. The Bidder agrees to submit to the Owner such certificates with
respect to compliance with the foregoing provision as the Administrator from time to time may
require.
Section 3.

Patent Infringement. The Bidder shall hold harmless and indemnify the Owner from any and all
claims, suits and proceedings for the infringement of any patent or patents covering any materials or
equipment used in construction of the project.

Section 4.

Permits for Explosives. All permits necessary for the handling or use of dynamite or other explosives
in connection with the construction of the project shall be obtained by and at the expense of the
Bidder.

Section 5.

Compliance with Laws. The Bidder shall comply with all federal, state, and local laws, rules, and
regulations applicable to its performance under the contract and the construction of the project. The
Bidder acknowledges that it is familiar with the Rural Electrification Act of 1936, as amended, the
Anti Kick-Back Act of 1986 (41 U.S.C. 51 et seq), and 18 U.S.C. §§ 286, 287, 641, 661, 874, 1001,
and 1366, as amended.
The Bidder represents that to the extent required by Executive Orders 12549 (3 CFR, 1985-1988
Comp., p. 189) and 12689 (3 CFR, 1989 Comp., p. 235), Debarment and Suspension, and
7 CFR part 3017, it has submitted to the Owner a duly executed certification in the form prescribed in
7 CFR part 3017.
The Bidder represents that, to the extent required, it has complied with the requirements of
Pub. L. 101-121, Section 319, 103 Stat. 701, 750-765 (31 U.S.C. 1352), entitled “Limitation on use of
appropriated funds to influence certain Federal contracting and financial transactions,” and any
rules and regulations issued pursuant thereto.

Section 6.

Equal Opportunity Provisions.
a.

Bidder's Representations.
The Bidder represents that:
It has __ , does not have __ , 100 or more employees, and if it has, that it has __ , has not __ ,
furnished the Equal Employment Opportunity-Employers Information Report EEO-1, Standard
Form 100, required of employers with 100 or more employees pursuant to Executive Order 11246

of September 24, 1965, and Title VII of the Civil Rights Act of 1964.
The Bidder agrees that it will obtain, prior to the award of any subcontract for more than $10,000

hereunder to a subcontractor with 100 or more employees, a statement, signed by the proposed
subcontractor, that the proposed subcontractor has filed a current report on Standard Form 100.
The Bidder agrees that if it has 100 or more employees and has not submitted a report on
Standard Form 100 for the current reporting year and that if this Contract will amount to more
than $10,000, the Bidder will file such report, as required by law, and notify the owner in writing
of such filing prior to the Owner's acceptance of this Proposal.
b.

Equal Opportunity Clause. During the performance of this Contract, the Bidder agrees as
follows:
(1) The Bidder will not discriminate against any employee or applicant for employment because
of race, color, religion, sex or national origin. The Bidder will take affirmative action to

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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, demotions or transfer;
recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of
compensation; and selection of training, including apprenticeship. The Bidder agrees to post

in conspicuous places, available to employees and applicants for employment, notices to be
provided setting forth the provisions of this Equal Opportunity Clause.
(2) The Bidder will, in all solicitations or advertisements for employees placed by or on behalf of
the Bidder, state that all qualified applicants will receive consideration for employment
without regard to race, color, religion, sex or national origin.
(3) The Bidder will send to each labor union or representative of workers, with which it has a
collective bargaining agreement or other contract or understanding, a notice to be provided
advising the said labor union or workers' representative of the Bidder's commitments under
this section, and shall post copies of the notice in conspicuous places available to employees
and applicants for employment.
(4) The Bidder will comply with all provisions of Executive Order 11246 of September 24, 1965,
and the rules, regulations and relevant orders of the Secretary of Labor.
(5) The Bidder will furnish all information and reports required by Executive Order 11246 of
September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or
pursuant thereto, and will permit access to its books, records, and accounts by the
administering agency and the Secretary of Labor for purposes of investigation to ascertain
compliance with such rules, regulations, and orders.
(6) In the event of the Bidder's noncompliance with the Equal Opportunity Clause 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 Bidder may be declared ineligible for
further Government contracts or federally assisted construction contracts in accordance with

procedures authorized in Executive Order 11246 of September 24, 1965, and such other
sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of
September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as provided

by law.
(7) The Bidder will include this Equal Opportunity Clause in every subcontract or purchase
order unless exempted by the rules, regulations, or order of the Secretary of Labor issued
pursuant to Section 204 of Executive Order 11246 of September 24, 1965, so that such
provisions will be binding upon each subcontractor or vendor. The Bidder will take such
action with respect to any subcontract or purchase order as the administering agency may
direct as a means of enforcing such provisions, including sanctions for noncompliance;
Provided, however, that in the event Bidder becomes involved in, or is threatened with,
litigation with a subcontractor or vendor as a result of such direction by the administering
agency, the Bidder may request the United States to enter into such litigation to protect the
interests of the United States.
c.

Certificate of Nonsegregated Facilities. The Bidder certifies that it does not maintain or provide
for its employees any segregated facilities at any of its establishments, and that it does not permit
its employees to perform their services at any location, under its control, where segregated
facilities are maintained. The Bidder certifies further that it will not maintain or provide for its
employees any segregated facilities at any of its establishments, and that it will not permit its
employees to perform their services at any location, under its control, where segregated facilities
are maintained. The Bidder agrees that a breach of this certification is a violation of the Equal
Opportunity Clause in this Contract. As used in this certification, the term “segregated facilities”

means any waiting rooms, work areas, restrooms and washrooms, restaurants and other eating
areas, timeclocks, locker rooms and other storage or dressing areas, parking lots, drinking

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fountains, recreation or entertainment areas, transportation, and housing facilities provided for
employees which are segregated by explicit directive or are in fact segregated on the basis of
race, color, religion, or national origin, because of habit, local custom, or otherwise. The Bidder
agrees that (except where it has obtained identical certifications from proposed subcontractors
for specific time periods) it will obtain identical certifications from proposed subcontractors prior

to the award of subcontracts exceeding $10,000 which are not exempt from the provisions of the
Equal Opportunity Clause, and that it will retain such certifications in its files.
Section 7.

Franchises and Rights-of-Way. The Bidder shall be under no obligation to obtain or assist in
obtaining: Any franchises, authorizations, permits or approvals required to be obtained by the Owner
from Federal, State, County, Municipal or other authorities; any rights-of-way over private lands; or
any agreements between the Owner and third parties with respect to the joint use of poles, crossings,
or other matter incident to the construction and operation of the project.

Section 8.

Nonassignment of Contract. The Bidder shall perform directly and without subcontracting not less
than twenty-five percent (25%) of the construction of the project, to be calculated on the basis of the
total Contract price. The Bidder shall not assign the Contract effected by an acceptance of this
Proposal or any interest in any funds that may be due or become due hereunder or enter into any
contract with any person, firm or corporation for the performance of the Bidder's obligations
hereunder or any part thereof, without the approval in writing of the Owner and of the Surety or
Sureties, if any, on any bond furnished by the Bidder for the faithful performance of the Bidder's
obligations hereunder. If the Bidder, with the consent of the Owner and any Surety or Sureties on the
Contractor's Bond or Bonds, shall enter into a subcontract with any subcontractor for the
performance of any part of this Contract, the Bidder shall be as fully responsible to the Owner and the
Government for the acts and omissions of such subcontractor and of persons employed by such
subcontractor as the Bidder would be for its own acts and omissions and those of persons directly
employed by it.

Section 9.

Successors and Assigns. Each and all of the covenants and agreements herein contained shall extend
to and be binding upon the successors and assigns of the parties hereto. The Owner and Bidder
acknowledge that this Contract is assigned to the Government, acting through the Administrator, for
security purposes under the Owner’s mortgage and security instrument.

Section 10. Independent Contractor. The Bidder shall perform the work as an independent contractor, not as a
subcontractor, agent, or employee of the Owner. Upon acceptance of this Proposal, the successful
Bidder shall be the Contractor and all references in the Proposal to the Bidder shall apply to the
Contractor.

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Section 11. Approval by the Administrator: This contract does _____ , does not_____ , require approval of the
Administrator. No acceptance of a Proposal for a contract upon which approval of the Administrator
is required shall become effective until the contract has been approved by the Administrator; provided
that no obligation shall arise hereunder unless such approval is given within one-hundred twenty
(120) days after the date set for the opening of the proposals. The acceptance of a Proposal for a
contract upon which approval of the Administrator is not required shall become effective the date of
acceptance by the Owner.

ATTEST:

_________________________________
Bidder

_________________________________
Secretary

_________________________________
President

Dated_____________________________

_________________________________
Address

The Proposal must be signed with the full name of the Bidder. If the Bidder is a partnership, the Proposal must be
signed in the partnership name by a partner. If the Bidder is a corporation, the Proposal must be signed in the
corporate name by a duly authorized officer and the corporate seal affixed and attested by the Secretary of the
Corporation.

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ACCEPTANCE

Subject to the approval of the Administrator, if approval of the Administrator is required, the Owner
hereby accepts the foregoing Proposal of the Bidder, __________________________________________________
________________________________________________________________for the construction of the following:
_____________________________________________________________________________________________
_____________________________________________________________________________________________
_____________________________________________________________________________________________
_____________________________________________________________________________________________
_____________________________________________________________________________________________
_____________________________________________________________________________________________
_____________________________________________________________________________________________
for a total contract price of $ _____________________ (_______________________________________ dollars.)

__________________________________
Owner
By __________________________________
President
____________________________________
Secretary
_________________________ , 20_____
Date of Contract

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