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FORM RD 1924-06FORMS MANUAL INSERT
(see reverse)
PROCEDURE FOR PREPARATION:RD Instruction 1901-E, 1924-A, and 1942-A.PREPARED BY:County Supervisor. NUMBER OF COPIES:Original and two.SIGNATURES REQUIRED:Original and two copies by contractor and borrower.DISTRIBUTION COPIES:Original signed copy to contractor signed retained in CountyOffice; signed copy to borrower.(5-12-87) SPECIAL PN
Used by the borrower whendevelopment work is performed by the contractmethod.Method of PaymentCHECK “X” Theappropriate paymentclause and effectively “xout” (xxxx) all of theclauses not applicable.(1)Payments may be madeat intervals of time such asdays or payments may bemade upon completion of different stages of construction such as thecompletion of thefoundation, framing, andso forth.Builder’s Warranty:(2) Check “X” theappropriate clause andeffectively “x out” (xxxx)of the inapplicable clause.
Position 6
CONSTRUCTION CONTRACT
State
County
This Contract, made this day of , 20 ______________ , byof (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:for the consideration of dollars ($ ) ,in accordance with the “General Conditions” shown in this contract and the specifications and the drawings as follows:(B)The Contractor will start work by , 20 , and will complete thework by , 20 (See paragraph III of General Conditions).(C)The Owner will make payments as follows: (Checkproper payment clause and effectively xxxxxxxxxx out all of the clauses notapplicable.)(D)The items described below (the Notice of Requirement for Affirmative Action to Ensure Equal Employment Opportunity required byExecutive Order 11246, the Equal Opportunity Clause published at 41 CFR 60-1.4 (a) and (b), and the Standard Federal Equal EmploymentOpportunity Construction Contract Specifications required by Executive Order 11246) apply, during the performance of this contract, if the contractexceed $10,000 (This also includes subsequent loans and grants, or contract change orders made during the construction period of the originalcontract , which will cause the total to exceed $10,000.) to the following: (1) All contractors or subcontractors who hold any Federal or federallyassisted construction contract, (2) All grants, contracts and loans (direct, insured, or guaranteed) let by Rural Development, and (3) All constructionwork performed by construction contractors and subcontractors for Federal nonconstruction contractors and subcontractors if the construction workis 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 orsubcontractor’s employees who are engaged in “on site” construction including those construction employees who work on a non-Federal or non-federally assisted construction site. The items, however, will not pre-empt state and local government regulations of the construction industry, andwill not relieve contractors and subcontractors of the obligations they may have under other affirmative action or equal opportunity programs.
 Public reporting for this collection of information is estimated to average 15 minutes per response, including the time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information. Send comments regarding this burden estimate or any other aspect of this collection of information, including suggestions for reducing this burden, to Department of Agriculture, Clearance Officer, OIRM, AG Box 7630, Washington, D.C. 20250;and to the Office of Management and Budget, Paperwork Reduction Project (OMB No. 0575-0042), Washington, D.C. 20503. Please DO NOT RETURN this form to either of theseaddresses. Forward to Rural Development only.
USDA-RDForm RD 1924-6(Rev. 8-93)
FORM APPROVEDOMB NO. 0575-0042
ONE LUMP SUM will be made for the whole contract, upon acceptance by the owner and Rural Development, of all work requiredhereunder and compliance by the contractor with all the terms and conditions of this contract.PARTIAL PAYMENTS NOT TO EXCEED 60 PERCENT of the value of the work place (less theaggregate of previous payments)will be made at intervals of . The value of work in place shall be as estimated by the contractor and approved byRural Development. Prior to receiving any partial payment, the contractor must furnish the owner with a statement showing the totalamount owed to date for materials and labor procured under this contract and, if required by the owner or Rural Development, mustalso submit evidence showing that previous partial payments were properly applied and that the current payment will be properlyapplied. Upon completion of the whole contract and acceptance of the work as required hereunder, by the owner and Rural Develop-ment, and compliance by the contractor with all terms and conditions of this contract, the amount due the contractor will be paid.PARTIAL PAYMENTS IN THE AMOUNT OF 90 PERCENT of the value of the work in place and of the value of the materialssuitably 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 termsand 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.1.2.3.
 
(FMI - Form RD 1924-6 ) -2-
NOTICE OF REQUIREMENT FOR AFFIRMATIVE ACTION TO ENSURE EQUAL EMPLOYMENTOPPORTUNITY (Executive Order 11246)
From 4-1-78 until 3-31-79All trades3.1From 4-1-79 until 3-31-80All trades5.1From 4-1-80 until 3-31-81All trades6.9
TimetableTradeGoal (%)
Goals and Timetables for WOMEN (Exhibit D, RD Instruction 1901-E)Goals and Timetables for ALL MINORITIES (Exhibit D, RD Instruction 1901-E)DateCityDOL RegionEQUAL 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 thatemployees are treated during employment, without regard to their race, color, religion, sex or national origin. Suchaction shall include, but not be limited, to the following: employment, upgrading, demotion or transfer; recruitment orrecruitment 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 foremployment, notices to be provided by Rural Development setting forth the provisions of thisnondiscrimination clause.(2)The contractor will, in all solicitations or advertisements for employees placed by or on behalf of the contractor, statethat all qualified applicants will receive consideration for employment without regard to race, color, religion, sex ornational origin.(3)The contractor will send to each labor union or representative of workers with which contractor has a collective bargaining agreement or other contract or understanding, a notice, to be provided by Rural Development,advising the said labor union or workers’ representative of the contractor’s commitments under this agreement asrequired pursuant to Section 301 of Executive Order 11246 of September 24, 1965, and shall post copies of the noticein conspicuous places available to employees and applicants for employment.(4)The contractor will comply with all provisions of such Executive Order and of all relevant rules, regulations, andorders of the Secretary of Labor and of any prior authority which remain in effect.(5)The contractor will furnish all information and reports required by such Executive Order, rules, regulations, and orders,or pursuant thereto, and will permit access to books, records, and accounts by Rural Development andthe Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders.(6)In the event of the contractor’s noncompliance with the nondiscrimination clauses of this contract or with any of thesaid rules, regulations, or orders, this contract may be cancelled, terminated or suspended in whole or in part and thecontractor may be declared ineligible for further contracts in accordance with procedures authorized in such ExecutiveOrder and such other sanctions may be imposed and remedies invoked as provided in the Executive Order or by anysuch rules, regulations, or orders, or as otherwise provided by law.(7)The contractor will include the provisions of paragraphs (1) through (7) in every subcontract or purchase order, unlessexempted by such rules, regulations, or orders, so that such provisions will be binding upon each such subcontractor orvendor. The contractor will take such action as Rural Development may direct as a means of enforcingsuch provisions, including sanctions for noncompliance: Provided, however, that in the event the contractor becomesinvolved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction byRural Development, the contractor may request the United States to enter into such litigation to protect the interestof the United States.
2RD 1924-6
 
-3- (FMI- Form RD 1924-6)
STANDARD FEDERAL EQUAL EMPLOYMENT OPPORTUNITY CONSTRUCTION CONTRACT3SPECIFICATIONS (EX. O. 11246)
1.As used in these specifications:a.“Covered area” means the geographicalarea described in the solicitation fromwhich this contract resulted; b.“Director” means Director, Office of Federal Contract Compliance ProgramsUnited States Department of Labor, or any person to whom the Director delegates au-thority:c.“Employer identification number”means the Federal Social Security numberused on the Employer’s Quarterly FederalTax Return, U.S. Treasury DepartmentForm 941.d.“Minority” includes:(i)Black (all persons having origins in anyof the Black African racial groups not of Hispanic origin);(ii)Hispanic (all persons of Mexican,Puerto Rican, Cuban, Central or SouthAmerican or other Spanish Culture ororigin, regardless of race);(iii)Asian and Pacific Islander (all personshaving origins in any of the original peoplesof the Far East, Southeast Asia, the IndianSubcontinent, or the Pacific Islands); and(iv)American Indian or Alaskan Native(all persons having origins in any of theoriginal peoples of North America andmaintaining identifiable tribal affiliationsthrough membership and participation orcommunity identification).2.Whenever the Contractor, or any Sub-contractor at any tier, subcontracts a por-tion of the work involving any constructiontrade, it shall physically include in eachsubcontract in excess of $10,000 the provi-sions of these specifications and the Noticewhich contains the applicable goals for mi-nority and female participation and whichis set forth in the solicitations from whichthis contract resulted.3.If the Contractor is participating (pur-suant to 41 CFR 60-4.5) in a HometownPlan approved by the U.S. Department of Labor in the covered area either individual-ly or through an association, its affirmativeaction obligations on all work in the Planarea (including goals and timetables) shall be in accordance with that Plan for thosetrades which have unions participating inthe Plan. Contractors must be able to dem-onstrate their participation in and compli-ance with the provisions of any such Home-town Plan. Each Contractor or Subcontrac-tor participating in an approved Plan is indi-vidually required to comply with its obliga-tions under the EEO clause, and to make agood faith effort to achieve each goal underthe Plan in each trade in which it has em- ployees. The overall good faith performance by other Contractors or Subcontractorstoward a goal in an approved Plan does notexcuse any covered Contractor’s or Subcon-tractor’s failure to take good faith efforts toachieve the Plan goals and timetables.4.The Contractor shall implement thespecific affirmative action standards provided in paragraphs 7a through p of thesespecifications. The goals set forth in the so-licitation from which this contract resultedare expressed as percentages of the totalhours of employment and training of minor-ity and female utilization the Contractorshould reasonably be able to achieve in eachconstruction trade in which it has employ-ees in the covered area. The Contractor isexpected to make substantially uniform pro-gress toward its goals in each craft duringthe period specified.5.Neither the provisions of any collective bargaining agreement, nor the failure by aunion with whom the Contractor has a col-lective bargaining agreement, to refer eitherminorities or women shall excuse the Con-tractor’s obligations under these specifica-tions, Executive Order 11246, or the regula-tions promulgated pursuant thereto.6.In order for the nonworking traininghours of apprentices and trainees to becounted in meeting the goals, such appren-tices and trainees must be employed by theContractor during the training period, andthe Contractor must have made a commit-ment to employ the apprentices and train-ees at the completion of their training, sub- ject to the availability of employment op- portunties. Trainees must be trained pursu-ant to training programs approved by theU.S. Department of Labor.7.The Contractor shall take specific affir-mative actions to ensure equal employmentopportunity. The evaluation of the Contrac-tor’s compliance with these specificationsshall be based upon its effort to achievemaximum results from its actions. The Con-tractor shall document these efforts fully,and shall implement affirmative actionsteps at least as extensive as the following:a.Ensure and maintain a working environ-ment free of harassment, intimidation, andcoercion at all sites, and in all facilities atwhich the Contractor’s employees are as-signed to work. The Contractor, where pos-sible, will assign two or more women to eachconstruction project. The Contractor shallspecifically ensure that all foremen, super-intendents, and other on-site supervisory personnel are aware of and carry out theContractor’s obligation to maintain such aworking environment, with specific atten-tion to minority or female individuals work-ing at such sites or in such facilities. b.Establish and maintain a current list of minority and female recruitment sources, provide written notification to minority andfemale recruitment sources and to commu-nity organizations when the Contractor orits unions have employment opportunitiesavailable, and maintain a record of the orga-nizations’ responses.c.Maintain a current file of the names,addresses and telephone numbers of eachminority and female off-the-street applicantand minority or female referral from aunion, a recruitment source or communityorganization and of what action was takenwith respect to each such individual. If suchindividual was sent to the union hiring hallfor referral and was not referred back to theContractor by the union or, if referred, notemployed by the Contractor, this shall bedocumented in the file with the reasontherefor, along with whatever additional ac-tions the Contractor may have taken.d.Provide immediate written notificationto the Director when the union or unionswith which the Contractor has a collective bargaining agreement has not referred tothe Contractor a minority person or womansent by the Contractor, or when the Con-tractor has other information that theunion referral process has impeded the Con-tractor’s efforts to meet its obligations.e.Develop on-the-job training opportuni-ties and/or participate in training programsfor the area which expressly include minor-ities and women, including upgrading pro-grams and apprenticeship and trainee pro-grams relevant to the Contractor’s employ-ment needs, especially those programsfunded or approved by the Department of Labor. The Contractor shall provide noticeof these programs to the sources compliedunder 7b above.f.Disseminate the Contractor’s EEO policy by providing notice of the policy tounions and training programs and request-ing their cooperation in assisting the Con-tractor in meeting its EEO obligations; byincluding it in any policy manual and collec-tive bargaining agreement; by publicizing itin the company newspaper, annual report,etc.; by specific review of the policy with allmanagement personnel and with all minor-ity and female employees at least once ayear; and by posting the company EEO policy on bulletin boards accessible to allemployees at each location where construc-tion work is performedg.Review, at least annually, the compa-ny’s EEO policy and affirmative action obli-gations under these specifications with allemployees having any responsibility forhiring, assignment, layoff, termination orother employment decisions including spe-cific review of these items with on-site supervisory person-nel such as Superintendents,General Foremen, etc., prior to the initi-ation of construction work at any job site. A written recordshall be made and main-tained identifying the time and place of these meetings, persons attending, subjectmatter discussed, and disposition of the sub- ject matter.h.Disseminate the Contractor’s EEO policy externally by including it in any ad-vertising in the news media, specifically in-cluding minority and female news media,and providing written notification to anddiscussing the Contractor’s EEO policy withother Contractors and Subcontractors withwhom the Contractor does or anticipatesdoing business.i.Direct its recruitment efforts, both oraland written, to minority, female and com-munity organizations, to schools with mi-nority and female students and to minorityand female recruitment and training organi-zations serving the Contractor’s recruitmentarea and employment needs. Not later thanone month prior to the date for the accep-tance of applications for apprenticeship orother training by any recruitment source,the Contractor shall send written notifica-tion to organizations such as the above, de-scribing the openings, screening procedures,and tests to be used in the selection process. j.Encourage present minority and femaleemployees to recruit other minority personsand women and, where reasonable, provideafter school, summer and vacation employ-ment to minority and female youth both onthe site and in other areas of a Contractor’sworkforce.k.Validate all tests and other selection re-quirements where there is an obligation todo so under 41 CFR Part 60-3.l.Conduct, at least annually, an inventoryand evaluation at least of all minority andfemale personnel for promotional opportu-nities and encourage these employees toseek or to prepare for, through appropriatetraining, etc., such opportunities.m.Ensure that seniority practices, jobclassifications, work assignments and other personnel practices, do not have a discrimi-natory effect by continually monitoring all personnel and employment related activitiesto ensure that the EEO policy and the Con-tractor’s obligations under these specifica-tions are being carried out.n.Ensure that all facilities and companyactivities are nonsegregated except that sep-arate or single-user toilet and necessarychanging facilities shall be provided toassure privacy between the sexes.
RD 1924-6
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