Form 830 Electric System Construction Contract

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According to the Paperwork Reduction Act of 1995, an agency may not conduct or sponsor, and a person is not required to respond to, a collection of information unless it displays a valid OMB
control number. The valid OMB control number for this information collection is 0572-0107. The time required to complete this information collection is estimated to average 5 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.
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
o'clock
before
M.,
, at its office
, 20
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. 2-04)
According to the Paperwork Reduction Act of 1995, an agency may not conduct or sponsor, and a person is not required to respond to, a collection of information unless it displays a valid OMB
control number. The valid OMB control number for this information collection is 0572-0107. The time required to complete this information collection is estimated to average 5 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.
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
o'clock
before
M.,
, at its office
, 20
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. 2-04)
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 ten percent (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
(10) 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.
RUS FORM 830 (Rev. 2-04)
2
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
RUS FORM 830 (Rev. 2-04)
3
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
RUS FORM 830 (Rev. 2-04)
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 maybe 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
required, and if
, is not
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 or the same work.
RUS FORM 830 (Rev. 2-04)
5

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