Rd instruction 1942-a table of Contents




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AGREEMENT


THIS AGREEMENT, made this ____________ day of ___________, 19 ____, by


and between ______________________________ , hereinafter called "OWNER"

(name of Owner), (an Individual)


and ________________________________ doing business as (an individual,) or
(a partnership,) or (a corporation) hereinafter called "CONTRACTOR".
WITNESSETH: That for and in consideration of the payments and agreements
herein after mentioned:
1. The CONTRACTOR will commence and complete the construction of
__________________________________________________________________________
2. The CONTRACTOR will furnish all of the materials, supplies, tools, equipment, labor, and other services necessary for the construction and completion of the PROJECT described herein.

3. The CONTRACTOR will commence the work required by the CONTRACT DOCUMENTS within _________ calendar days after the date of the NOTICE TO PROCEED and will complete the same within ______________ calendar days unless the period for completion is extended otherwise by the CONTRACT DOCUMENTS.

4. The CONTRACTOR agrees to perform all of the WORK described in the CONTRACT DOCUMENTS and comply with the terms therein for the sum of $_____________ or as shown in the BID schedule.
5. The term "CONTRACT DOCUMENTS" MEANS and includes the following:

(1-15-79) SPECIAL PN

RD Instruction 1942-A

(Guide 19) (Page 2)

(A) Advertisement For BIDS
(B) Information For BIDDERS
(C) BID
(D) BID BOND
(E) Agreement
(F) General Conditions
(G) SUPPLEMENTAL GENERAL CONDITIONS
(H) Payment BOND
(I) Performance BOND
(J) NOTICE OF AWARD
(K) NOTICE TO PROCEED
(1) CHANGE ORDER
(M) DRAWINGS prepared by _________________________________________
numbered ________ through ________, and dated _________________,
(N) SPECIFICATIONS prepared or issued by ___________________________
_______________________________________________________________,
dated ___________, 19________________
(O) ADDENDA:
No.____________, dated __________, 19 ___________
____________, __________, ___________
____________, __________, ___________
____________, __________, ___________
____________, __________, ___________
____________, __________, ___________
RD Instruction 1942-A

(Guide 19) (Page 3)

(Revision 1)

6. The OWNER will pay to the CONTRACTOR in the manner and at such times as set forth in the General Conditions such amounts as required by the CONTRACT DOCUMENTS.

7. This Agreement shall be binding upon all parties hereto and their respective heirs, executors, administrators, successors, and assigns.
IN WITNESS WHEREOF, the parties hereto have executed or caused to be executed by their duly authorized official, this Agreement in

(__________________) copies each of which shall be deemed an original on the (Number of Copies) date first above written.


OWNER:
__________________________
BY________________________
Name______________________

(Please Type)


Title______________________

(SEAL)
ATTEST:


____________________________________
Name _______________________________

(Please Type)


Title ______________________________

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(Guide 19) (Page 4) RD Instruction 1942-A

(Revision 1)

CONTRACTOR:
____________________________
BY__________________________
Name________________________

(Please Type)


Address_____________________
____________________________
Employer Identification

(SEAL) Number _____________________


ATTEST:
________________________________________
Name____________________________________

(Please Type)


________________________________________

RD Instruction 1942-A

(Guide 19) (Attachment 1)

ADVERTISEMENT FOR BIDS

___________________________

Owner
___________________________

Address
___________________________
Separate sealed BIDS for the construction of (briefly describe nature,
scope, and major elements of the work)__________________________________
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
will be received by ____________________________________________________
at the office of _______________________________________________________
until _______, (Standard Time - Daylight Savings Time)__________________
19_______, and then at said office publicly opened and read aloud.
The CONTRACT DOCUMENTS may be examined at the following locations:

_________________________________________________________________________


_________________________________________________________________________
_________________________________________________________________________
_________________________________________________________________________
Copies of the CONTRACT DOCUMENTS may be obtained at the office of
_____________________ located at ________________________________________
upon payment of $_______ for each set.

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RD Instruction 1942-A

(Guide 19) (Attachment 1) (Page 2)


Any BIDDER, upon returning the CONTRACT DOCUMENTS promptly and in
good condition, will be refunded the payment, and any non-bidder upon
so returning the CONTRACT DOCUMENTS will be refunded $_____________.

________________________ ______________________________________

DATE

RD Instruction 1942-A



(Guide 19 - Attachment 2)


INFORMATION FOR BIDDERS


BIDS will be received by ____________________________________________


(herein called the "OWNER"), at __________________________________________
until____________________, 19_____, and then at said office publicly
opened and read aloud.
Each BID must be submitted in a sealed envelope, addressed to _______ ____________________________________ at _________________________________. Each sealed envelope containing a BID must be plainly marked on the outside as BID for ________________________________________________and the envelope should bear on the outside the BIDDER'S name, address, and license number if applicable, and the name of the project for which the BID is submitted. If forwarded by mail, the sealed envelope containing the BID must be enclosed in another envelope addressed to the OWNER at _____________ __________________________________________________________.
All BIDS must be made on the required BID form. All blank spaces for BID prices must be filled in, in ink or typewritten, and the BID form must be fully completed and executed when submitted. Only one copy of the BID form is required.
The OWNER may waive any informalities or minor defects or reject any and all BIDS. Any BID may be withdrawn prior to the above scheduled time for the opening of BIDS or authorized postponement thereof. Any BID received after the time and date specified shall not be considered. No BIDDER may withdraw a BID within 60 days after the actual date of the opening thereof. Should there be reasons why the contract cannot be awarded within the specified period, the time may be extended by mutual agreement between the OWNER and the BIDDER.
BIDDERS must satisfy themselves of the accuracy of the estimated quantities in the BID Schedule by examination of the site and a review of the drawings and specifications including ADDENDA. After BIDS have been submitted, the BIDDER shall not assert that there was a misunderstanding concerning the quantities of WORK or of the nature of the WORK to be done.
The OWNER shall provide to BIDDERS prior to BIDDING, all information which is pertinent to, and delineates and describes, the land owned and rights-of-way acquired or to be acquired.
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RD Instruction 1942-A



(Guide 19 - Attachment 2) (Page 2)
The CONTRACT DOCUMENTS contain the provisions required for the construction of the PROJECT. Information obtained from an officer, agent, or employee of the OWNER or any other person shall not affect the risks or obligations assumed by the CONTRACTOR or relieve the contractor from fulfilling any of the conditions of the contract.
Each BID must be accompanied by a BID bond payable to the OWNER for five percent of the total amount of the BID. As soon as the BID prices have been compared, the OWNER will return the BONDS of all except the three lowest responsible BIDDERS. When the Agreement is executed the bonds of the two remaining unsuccessful BIDDERS will be returned. The BID BOND of the successful BIDDER will be retained until the payment BOND and performance BOND have been executed and approved, after which it will be returned. A certified check may be used in lieu of a BID BOND.
A performance BOND and a payment BOND each in the amount of 100 percent of the CONTRACT PRICE, with a corporate surety approved by the OWNER, will be required for the faithful performance of the contract.
Attorneys-in-fact who sign BID BONDS or payment BONDS and performance BONDS must file with each BOND a certified and effective dated copy of their power of attorney.
The party to whom the contract is awarded will be required to execute the Agreement and obtain the performance BOND and payment BOND within ten (10) calendar days from the date when NOTICE OF AWARD is delivered to the BIDDER. The NOTICE OF AWARD shall be accompanied by the necessary Agreement and BOND forms. In case of failure of the BIDDER to execute the Agreement, the OWNER may consider the BIDDER in default, in which case the BID BOND accompanying the proposal shall become the Property of the OWNER.
The OWNER within ten (10) days of receipt of acceptable performance BOND, payment BOND and Agreement signed by the party to whom the Agreement was awarded shall sign the Agreement and return to such party an executed duplicate of the Agreement. Should the OWNER not execute the Agreement within such period, the BIDDER may by WRITTEN NOTICE withdraw the signed Agreement. Such notice of withdrawal shall be effective upon receipt of the notice by the OWNER.
The NOTICE TO PROCEED shall be issued within ten (10) days of the execution of the Agreement by the OWNER. Should there be reasons why the NOTICE TO PROCEED cannot be issued within such period, the time may be extended by mutual agreement between the OWNER AND CONTRACTOR. If the NOTICE TO PROCEED has not been issued within the ten (10) day period or within the period mutually agreed upon, the CONTRACTOR may terminate the Agreement without further liability on the part of either party.
The OWNER may make such investigations as deemed necessary to determine the ability of the BIDDER to perform the WORK, and the BIDDER shall furnish to the OWNER all such information and data for this purpose as the OWNER

RD Instruction 1942-A

(Guide 19 - Attachment 2) (Page 3)

may request. The OWNER reserves the right to reject any BID if the evidence submitted by, or investigation of, such BIDDER fails to satisfy the OWNER that such BIDDER is properly qualified to carry out the obligations of the Agreement and to complete the WORK contemplated therein.


A conditional or qualified BID will not be accepted.
Award will be made to the lowest responsible BIDDER.

All applicable laws, ordinances, and the rules and regulations of all authorities having jurisdiction over construction of the PROJECT shall apply to the contract throughout.


Each BIDDER is responsible for inspecting the site and for reading and being thoroughly familiar with the CONTRACT DOCUMENTS. The failure or omission of any BIDDER to do any of the foregoing shall in no way relieve any BIDDER from any obligation in respect to its BID.
Further, the BIDDER agrees to abide by the requirements under Executive Order No. 11246, as amended, including specifically the provisions of the equal opportunity clause set forth in the SUPPLEMENTAL GENERAL CONDITIONS.
The low BIDDER shall supply the names and addresses of major material SUPPLIERS and SUBCONTRACTORS when required to do so by the OWNER.
Inspection trips for prospective BIDDERS will leave from the office of the __________________________________________________________________

at _____________________________________.


The ENGINEER IS ____________________________________. The ENGINEER'S
address is ______________________________________________________________.

(1-15-79) SPECIAL PN

(Guide 19 - Attachment 3) RD Instruction 1942-A

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