Homepage Fill Out Your Rd 442 30 Form
Article Structure

The RD 442-30 form serves as a vital agreement between the seller and purchaser for the sale and purchase of treated water. This contract outlines the responsibilities and expectations of both parties involved in the water supply distribution system. Key elements of the form include the quality and quantity of water to be supplied, the specifics of the delivery point and pressure requirements, and details regarding metering equipment. Billing procedures and payment timelines are also detailed to ensure a smooth financial transaction. Furthermore, the contract establishes the duration of the agreement and lays out conditions for service interruptions, modifications, and compliance with any applicable regulations. It is essential for parties engaged in water supply contracts to understand each aspect of the RD 442-30 form to guarantee mutual benefit and legal adherence.

Rd 442 30 Example

Form RD 442-30

 

Position 5

 

 

 

 

 

UNITED STATES DEPARTMENT OF AGRICULTURE

FORM APPROVED

(Rev. 10-96)

OMB NO. 0575-0015

 

RURAL DEVELOPMENT

 

 

 

 

 

 

WATER PURCHASE CONTRACT

 

 

 

 

 

This contract for the sale and purchase of water is entered into as of the

day of

,

 

 

, between the

 

 

 

 

 

 

 

 

 

,

 

 

 

 

 

 

 

 

 

 

 

,

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

(Address)

 

 

 

 

 

hereinafter referred to as the ''Seller'' and the

 

 

 

,

 

 

 

 

 

 

 

 

 

 

 

,

hereinafter referred to as the ''Purchaser'',

 

(Address)

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

WITNESSETH:

 

 

 

 

 

 

Whereas, the Purchaser is organized and established under the provisions of

 

 

 

of the

Code of

 

 

, for the purpose

of constructing and operating a water supply distribution

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

system serving water users within the area described in plans now on file in the office of the Purchaser and to accomplish this purpose, the Purchaser will require a supply of treated water, and

Whereas, the Seller owns and operates a water supply distribution system with a capacity currently capable of serving the present customers of the Seller's system and the estimated number of water users to be served by the said Purchaser as shown in the plans of the system now on file in the office of the Purchaser, and

Whereas, by

 

 

No.

 

 

enacted on the

 

day of

,

 

 

 

,

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

by the Seller, the sale of water to the Purchaser in accordance with the provisions of the said

 

 

 

 

 

 

 

 

 

 

 

 

was approved, and the execution of this contract carrying out the said

 

 

 

 

 

 

 

 

 

 

by the

 

 

 

 

 

 

 

 

 

, and attested by the Secretary, was duly authorized, and

 

 

 

 

 

 

Whereas, by

 

 

 

 

 

 

 

of the

 

 

 

 

 

 

 

of the Purchaser,

 

enacted on the

 

day of

 

 

 

 

 

 

 

,

 

 

, the purchase of water from the Seller

 

 

 

 

 

 

 

 

 

 

 

was approved, and the execution of this

 

in accordance with the terms set forth in the said

 

 

 

 

 

 

contract by the

 

 

 

 

 

 

 

 

 

, and attested by the Secretary was duly authorized;

 

Now, therefore, in consideration of the foregoing and the mutual agreements hereinafter set forth,

A. The Seller Agrees:

1.(Quality and Quantity) To furnish the Purchaser at the point of delivery hereinafter specified, during the term of this contract or any renewal or extension thereof, potable treated water meeting applicable purity standards of the

in such quantity as may be required by the Purchaser not to exceed

 

gallons per month.

Public reporting burden for this collection of information is estimated to average 1 hour 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 U.S. Department of Agriculture, Clearance Officer STOP 7602, 1400 Independence Avenue, S. W, Washington, D. C.

20250-7602. Please DO NOT RETURN this form to this address. Forward to the local USDA office only. You are not required to respond to this collection of information unless it displays a currently valid OMB control number.

RD 442-30 (Rev. 10-96)

2. (Point of Delivery and Pressure) That water will be furnished at a reasonably constant pressure calculated at

from an existing

 

inch main supply at a point located

.

If a greater pressure than that normally available at the point of delivery is required by the Purchaser, the cost of providing such greater pressure shall be borne by the Purchaser. Emergency failures of pressure or supply due to main supply line breaks, power failure, flood, fire and use of water to fight fire, earthquake or other catastrophe shall excuse the Seller from this provision for such reasonable period of time as may be necessary to restore service.

3.(Metering Equipment) To furnish, install, operate, and maintain at its own expense at point of delivery, the necessary metering equipment, including a meter house or pit, and required devices of standard type for properly measuring the quantity of water delivered to the Purchaser and to calibrate such metering equipment whenever requested by the Purchaser but not more frequently than once every twelve (12) months. A meter registering not more than two percent (2%) above or below the test result shall be deemed to be accurate.

The previous readings of any meter disclosed by test to be inaccurate shall be corrected for themonths

previous to such test in accordance with the percentage of inaccuracy found by such tests. If any meter fails to register for any period, the amount of water furnished during such period shall be deemed to be the amount of water delivered in the corresponding period immediately prior to the failure, unless Seller and Purchaser shall agree upon a different amount. The metering equipment shall be read on

. An appropriate official of the Purchaser at all reasonable times shall have access to

the meter for the purpose of verifying its readings.

 

 

 

 

 

 

 

 

 

 

 

4. (Billing Procedure) To furnish the Purchaser at the above address not later than the

 

 

 

day of each month,

 

with an itemized statement of the amount of water furnished the Purchaser during the preceding month.

 

 

 

 

B. The Purchaser Agrees:

 

 

 

 

 

 

 

 

 

 

 

 

 

1. (Rates and Payment Date) To pay the Seller, not later than the

 

day of each month, for water delivered in

 

accordance with the following schedule of rates:

 

 

 

 

 

 

 

 

 

 

 

a. $

 

for the first

 

gallons, which amount shall also be the minimum rate per month.

 

b. $

cents per 1000 gallons for water in excess of

 

 

gallons but less than

.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

gallons.

 

 

 

 

 

 

 

 

 

 

 

 

 

c. $

cents per 1000 gallons for water in excess of

 

 

gallons.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

2. (Connection Fee) To pay as an agreed cost, a connection fee to connect the Seller's system with the system of the Purchaser,

the sum of

 

dollars which shall cover any and all costs of the Seller for installation of the metering equipment

and

 

 

.

C. It is further mutually agreed between the Seller and the Purchaser as follows:

1. (Term of Contract) That this contract shall extend for a term ofyears from the date of the initial delivery of any

water as shown by the first bill submitted by the Seller to the Purchaser and, thereafter may be renewed or extended for such term, or terms, as may be agreed upon by the Seller and Purchaser.

2. (Delivery of Water) Thatdays prior to the estimated date of completion of construction of the Purchaser's water

supply distribution system, the Purchaser will notify the Seller in writing the date for the initial delivery of water.

3.(Water for Testing) When requested by the Purchaser the Seller will make available to the contractor at the point of delivery, or other point reasonably close thereto, water sufficient for testing, flushing, and trench filling the system of the Purchaser during

construction, irrespective of whether the metering equipment has been installed at that time, at a flat charge of $ which will be paid by the contractor or, on his failure to pay, by the Purchaser.

4.(Failure to Deliver) That the Seller will, at all times, operate and maintain its system in an efficient manner and will take such action as may be necessary to furnish the Purchaser with quantities of water required by the Purchaser. Temporary or partial failures to deliver water shall be remedied with all possible dispatch. In the event of an extended shortage of water, or the supply of water available to the Seller is otherwise diminished over an extended period of time, the supply of water to Purchaser's consumers shall be reduced or diminished in the same ratio or proportion as the supply to Seller's consumers is reduced or diminished.

5.(Modification of Contract) That the provisions of this contract pertaining to the schedule of rates to be paid by the Purchaser for

water delivered are subject to modification at the end of everyyear period. Any increase or decrease in rates shall be based on a demonstrable increase or decrease in the costs of performance hereunder, but such costs shall not include increased capitalization of the Seller's system. Other provisions of this contract may be modified or altered by mutual agreement.

6.(Regulatory Agencies) That this contract is subject to such rules, regulations, or laws as may be applicable to similar agreements in this State and the Seller and Purchaser will collaborate in obtaining such permits, certificates, or the like, as may be required to comply therewith.

7.(Miscellaneous) That the construction of the water supply distribution system by the Purchaser is being financed by a loan made or insured by, and/or a grant from, the United States of America, acting through Rural Development of the United States Department of Agriculture, and the provisions here of pertaining to the undertakings of the Purchaser are conditioned upon the approval, in writing, of the State Director of Rural Development.

8.(Successor to the Purchaser) That in the event of any occurrence rendering the Purchaser incapable of performing under this contract, any successor of the Purchaser, whether the result of legal process, assignment, or otherwise, shall succeed to the rights of the Purchaser hereunder.

In witness whereof, the parties hereto, acting under authority of their respective governing bodies, have caused this contract to be duly

executed in

 

counterparts, each of which shall constitute an original.

Seller:

 

 

By

Attest:

 

Title

 

 

 

 

Secretary

Purchaser:

 

By

Attest:

Title

Secretary

This contract is approved on behalf of Rural Development thisday of,

.

By

Title

Form Characteristics

Fact Name Fact Description
Form Purpose The RD 442-30 form is used for a water purchase contract between a seller and a purchaser, facilitating the sale and purchase of treated water.
Governing Body This form is governed by regulations from the United States Department of Agriculture, specifically under the authority of Rural Development.
Approval Date The current form version was revised in October 1996, ensuring that it adheres to updated standards and practices.
Water Quality Standards The seller is required to provide potable water that meets applicable purity standards, ensuring health and safety for consumers.
Emergency Clauses In cases of emergencies such as natural disasters, the seller is excused from delivering water during repair periods, safeguarding public interest.
Modification Terms Terms of rates and other provisions can be modified every year, reflecting changes in the costs of performance, fostering fair agreements.

Guidelines on Utilizing Rd 442 30

After gathering the necessary information, it’s time to complete the RD 442-30 form. This process requires careful attention to detail to ensure that all information is accurate and that the document reflects the mutual agreement between the Seller and Purchaser concerning the purchase of water.

  1. Begin by entering the date at the top of the form, where it says "as of the day of".
  2. Next, fill in the name and address of the Seller in the designated fields.
  3. Following that, enter the name and address of the Purchaser in the corresponding fields.
  4. In the section labelled "Whereas", input the necessary provisions of the Code relevant to the Purchaser.
  5. Provide documentation of the approval for the sale of water by the Seller, including the number of the applicable enactment and the date it was enacted.
  6. Then, note the details regarding the purchase of water by the Purchaser, including the enactment number and date.
  7. In the section regarding the Seller’s agreements, enter the maximum gallons per month that will be provided to the Purchaser.
  8. Specify the point of delivery and the calculated pressure from the existing main supply.
  9. Indicate how often the metering equipment will be calibrated, ensuring it doesn’t occur more than annually.
  10. In the billing section, detail the timeline for when the Purchaser will receive the itemized statement.
  11. Fill out the agreed rates for payment under the Purchaser's agreements. Include details for each tier based on usage.
  12. Record the connection fee that the Purchaser will pay for connecting the Seller's system.
  13. Indicate the contract term in years from the date of the initial water delivery.
  14. Provide notice details for initial water delivery, specifying the number of days prior to completion when notice will be given.
  15. List the flat charge for water needed for testing during construction.
  16. State the Seller’s commitment to maintaining their system efficiently and handling supply shortages.
  17. Indicate any provisions relating to modifications of the contract, as well as the conditions under which they may occur.
  18. Include a note regarding compliance with applicable rules and regulations.
  19. Sign the form with the appropriate signatures from both the Seller and Purchaser, along with their titles and date of execution.

What You Should Know About This Form

What is the purpose of the RD 442-30 form?

The RD 442-30 form is a contract for the sale and purchase of water between a seller and a purchaser. It serves to outline the terms and conditions under which potable treated water will be supplied to the purchaser by the seller. This form establishes obligations regarding water quality, quantity, delivery points, and billing, ensuring both parties clearly understand their rights and responsibilities in the water supply arrangement.

Who are the parties involved in the RD 442-30 contract?

The parties involved in the RD 442-30 contract are the "Seller," which is the entity that owns and operates a water supply distribution system, and the "Purchaser," which is typically a governmental or community entity organized to construct and operate a water supply distribution system for local water users. Each party's role, responsibilities, and rights are explicitly defined within the contract to ensure clarity and legal compliance.

What are some key terms included in the RD 442-30 form?

The RD 442-30 form includes critical terms such as the quality and quantity of water that the seller agrees to deliver, the agreed-upon point of delivery, requirements for metering equipment, and billing procedures. Additionally, it outlines rates for water usage, connection fees, and provisions for water testing during system construction. It's essential for both parties to understand these terms clearly to fulfill their obligations effectively.

How is the water usage billed under the RD 442-30 form?

The billing procedure as per the RD 442-30 contract requires the seller to provide the purchaser with an itemized statement of the amount of water supplied during the previous month. Payment must be made by the purchaser by a specified date each month. The rates include a minimum fee for the first set number of gallons and additional charges based on excess water usage, thus creating a clear structure for costs associated with water consumption.

What happens if the seller fails to deliver water as agreed?

If the seller fails to deliver water as stipulated in the RD 442-30 form, they are obligated to operate their system efficiently and take necessary measures to provide the required quantities of water. Temporary or partial failures must be addressed promptly. In cases of extended shortages, the contract states that the supply to the purchaser will be reduced in alignment with the supply reductions experienced by the seller's existing customers, ensuring fairness in resource distribution.

Common mistakes

Filling out the RD 442-30 form can be a straightforward process, but many individuals make common mistakes that can lead to confusion and delays. The first mistake is not providing complete contact information. Both the Seller and the Purchaser must include full names, addresses, and relevant identifiers. If any detail is missing, it can create complications later. Ensuring all fields are accurately filled out will facilitate communication and processing.

Another frequent error involves the misunderstanding of contractual terms. Purchasers may overlook the need to review and understand payment terms, including rates and deadlines for bill payments. Omitting details about the agreed rate or neglecting to specify the date for payment can cause unnecessary disputes. It’s essential to be clear and precise, as ambiguity can lead to misunderstandings between parties.

Accuracy in quantities is critical, yet often mishandled. Mistakes in estimating the expected water usage or miscalculating the water supply needs can lead to contractual issues. If the amount specified exceeds or falls short of actual needs, it may result in financial strain or delivery problems. Ensure calculations are double-checked before submission.

Additionally, failing to pay attention to the metering requirements is a common pitfall. The contract specifies that the Seller is responsible for the installation and maintenance of the metering equipment. If this section is ignored or if no agreements are made on calibration and maintenance schedules, discrepancies may arise. It is vital for both parties to know their responsibilities regarding metering.

Lastly, individuals often neglect to keep copies of the completed form. Retaining a copy is crucial for future reference and can serve as evidence in case disputes arise later. If questions or issues about contract terms occur, having the original form to review can expedite resolutions. Always ensure your records are complete and secure.

Documents used along the form

In addition to the RD 442-30 form, there are several other forms and documents that are commonly used in the context of rural water purchase contracts. Each of these documents plays a specific role in ensuring clarity, compliance, and the smooth operation of the contract between the seller and purchaser.

  • RD 1940-1: This form is used for the "Request for Obligation of Funds." It is submitted to secure funding for projects and demonstrates that the necessary financial resources will be available to complete the water supply distribution system.
  • RD 3570-1: Known as the "Application for Community Facilities Grant," this is utilized by applicants seeking grants to assist with financing their water supply systems. It includes details on project costs and community benefits.
  • RD 1942-46: This document is a "Loan Agreement," where the terms and conditions of borrowing funds for the project are outlined. It sets the repayment schedule and stipulates the use of funds.
  • RD 400-1: The "Application for Federal Assistance" is necessary for organizations seeking federal grants or loans for rural development projects. It provides information about the project's goals and community impact.
  • RD 502-1: This is the "Application for Rural Housing Service Loans." Even though it primarily focuses on housing, it sometimes intersects with water supply projects, especially when they need linked facility upgrades.
  • Contract Exhibits: These additional documents accompany the main contract and provide detailed technical specifications, drawings, or data related to the water distribution system being developed.
  • Letters of Authorization: These letters grant official permission to proceed with the construction or modifications as outlined in the water purchase contract, serving as a confirmation from governing bodies.
  • Environmental Review Checklist: This form ensures that all environmental regulations are met before project commencement, assessing potential impacts and compliance with federal and state laws.
  • Service Agreements: These documents outline specific terms for the services related to water delivery and maintenance, focusing on responsibilities of both the seller and purchaser.
  • Annual Reports: These are submitted periodically to summarize project progress, financial status, and compliance with USDA requirements. They ensure transparency and accountability over time.

Understanding these documents is crucial for anyone involved in rural water projects. They help ensure not only compliance with regulations but also the successful execution of contracts and the delivery of vital water resources to communities. Proper usage and acknowledgment of these forms contribute to the sustainable management of water supply systems.

Similar forms

  • Water Purchase Agreement: Similar to the RD 442-30, a Water Purchase Agreement outlines the terms under which one party agrees to supply water to another. It includes provisions for quality, quantity, and delivery, mirroring the structure and intent of RD 442-30.
  • Utility Service Agreement: This document establishes the relationship between a utility provider and a customer. It stipulates pricing, service reliability, and responsibilities, aligning closely with the contractual obligations found in RD 442-30.
  • Interagency Water Service Contract: This contract is made between governmental entities for the provision of water services. Like the RD 442-30, it details the roles, obligations, and payment terms associated with water supply.
  • Municipal Water Supply Agreement: Local governments often enter agreements with suppliers to secure water for residents. These agreements share similar components with RD 442-30, including delivery schedules and payment structures.
  • Water Franchise Agreement: This document grants rights to a company to supply water to a specific area. It includes stipulations of service and maintenance, resembling the essential terms and obligations outlined in RD 442-30.

Dos and Don'ts

When filling out the RD 442-30 form, there are specific practices to keep in mind to ensure accuracy and compliance. Below is a list of what you should and shouldn’t do:

  • Double-check all information. Ensure that names, addresses, and pertinent details are correct.
  • Use clear and legible handwriting. If filling out by hand, avoid cursive to ensure readability.
  • Follow the provided instructions closely. Each section of the form has specific requirements that should be followed.
  • Attach necessary documentation. Any additional documents or approvals may be required, depending on your situation.
  • Keep a copy for your records. It’s important to have a personal record of what you submitted.
  • Avoid leaving any fields blank. If information is not applicable, indicate that clearly.
  • Do not use correction fluid or tape. If you make an error, neatly cross it out and write the correction.
  • Avoid submitting the form without reviewing it. Take time to ensure all information is accurately filled in.
  • Do not send the form to the USDA clearance officer. Make sure to forward it to the correct local office.
  • Do not rush your submission. Allow ample time for any required approvals or documentation.

Misconceptions

Here are four misconceptions about the RD 442-30 form, along with clarifications to help dispel them:

  • Misconception 1: The RD 442-30 form is only for large municipalities.
  • This form is also applicable to smaller organizations and communities that require a structured agreement for water purchase and distribution. It is designed to serve a variety of water users, regardless of their size.

  • Misconception 2: The water purchase contract is permanent and cannot be changed.
  • In fact, the contract includes provisions for modifications. The rates and terms can be revisited and adjusted based on mutual agreement between the Seller and the Purchaser, ensuring flexibility in the contract.

  • Misconception 3: The Seller is solely responsible for the delivery of water.
  • While the Seller agrees to furnish a supply of water, the Purchaser has responsibilities as well. They must adhere to payment terms, establish a connection, and notify the Seller prior to the water distribution system's completion.

  • Misconception 4: The RD 442-30 form does not require any permits or regulatory compliance.
  • This form is indeed subject to various rules and regulations. Both parties need to ensure compliance with any necessary permits and governmental requirements to execute the contract legally.

Key takeaways

When filling out and using the RD 442-30 form for a water purchase contract, keep these key takeaways in mind:

  • The form is a legal contract between a Seller and a Purchaser for the sale and purchase of treated water.
  • Clearly state the names and addresses of both parties at the beginning of the form.
  • Indicate the water delivery point and specify the expected pressure of the water supply.
  • Ensure the volume of water provided does not exceed the agreed-upon gallons per month.
  • The Seller must install and maintain metering equipment to accurately measure the water delivered.
  • Prompt monthly billing statements are required, outlining the amount of water provided in the previous month.
  • The Purchaser should be aware of the connection fee and its coverage of installation costs.
  • Both parties need to agree on the initial term of the contract and any potential renewals.
  • Changes to the water rate can occur after a yearly review, based on demonstrable cost changes.
  • Compliance with relevant regulations is essential, and cooperation in obtaining necessary permits is expected.

Understanding these points will help ensure a smooth process when creating and managing your water purchase contract. Always consider consulting with a professional for any uncertainties during the completion of the form.