Miscellaneous Construction |
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Work and Maintenance |
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Services Contract |
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RUS Contract Form 773 |
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January 2001 |
U.S.
Department of Agriculture |
Rural
Utilities Services |
Borrower's RUS Designation |
OK1110 |
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Contractor |
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Contract No. |
Can use work order
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Contract Date |
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Contract Amount |
Less than $250,000.00 |
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SECTION I |
W. O. Number |
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(Enter this
number on all attachments, invoices and related correspondence). |
This
Contract is entered into this |
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day of |
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,between |
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(hereinafter
called "Contractor"), (Contractor's
License No. |
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Issuance
State |
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, Expiration
Date |
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) of, |
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(Mailing Address) |
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(City) |
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(State |
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Zip) |
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and |
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(hereinafter
called "Owner").
PROJECT |
1. Description of work: |
Provide and install 300Õ tower near ???, Oklahoma. Includes ground field, concrete work,
antenna, and transmission line installation. |
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Indicate if
drawings, specifications, or other further description is attached and made
part of this
agreement: |
YES |
X |
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NO |
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2. Project
is for: Construction |
X |
Maintenance |
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3. Evidence of insurance is required (See Section III).
4. The Owner will furnish material? YES |
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NO |
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(See
Attached list |
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5. All work on this Contract will be
performed in the Owner's exchange(s) of |
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6. The method of payment for performance
shall be:
(Specify
rate(s))
Hourly
basis |
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Lump-Sum (Explain as necessary) |
90% of the total price on completion
of work. The final 10% of the |
total price
will be paid after inspection, all discrepancies are cleared, acceptance but
the Owner and/or |
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Engineer,
and submittal of the final invoice and executed RUS Form 743. |
Unit basis (Describe unit(s)) |
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No
payment shall be due under this agreement while the Contractor is in default of
any provision hereof.
7. The maximum amount of this Contract
shall be |
$ |
$????? |
Payment shall be |
due and payable in accordance with the following
schedule:
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Invoices
are to be submitted to:
Mr. ???? |
Pine
Telephone Company address |
A
duly-executed RUS Form 743, Certificate of Contractor and Indemnity Agreement,
shall accompany the
final invoice.
8. The Contractor shall begin
performance of this Contract no later than |
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and shall complete performance no later
than |
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SECTION II – GENERAL
PROVISIONS |
1. Notification
of Injury or Damage: The
Contractor shall promptly notify the Owner of any injury, death, loss or damage
to persons, animals, or property which is in any way related to the work performed
under this Contract, even though such occurrence was not caused or contributed
to by the Contractor or the Contractor's employees and agents.
2. Withholding
of Payments: The Owner
may withhold money due for portions of the work which have been rejected by the
Owner and which have not been corrected by the Contractor to the satisfaction
of the Owner. The Contractor shall
pay each material supplier, if any, within five (5) days after receipt of any
payment from the Owner, the amount thereof allowed on account of materials
furnished by each material supplier.
The Owner may withhold money due for claims which might be the subject
of reimbursement to the Owner by the Contractor. If the Owner is advised that the Contractor is not promptly
paying material suppliers as set out above, or if the Owner is advised that
employees of the Contractor are not being promptly paid, then the Owner may
withhold such money due as the Owner deems sufficient to insure the obligations
incurred by the Contractor in connection with the work covered by this Contract
will be paid in full.
3. Changes
in Project: The Owner
may make changes in the Project by altering, adding to or deducting from the
Project. No change in the contract
price shall be made for minor changes not involving extra cost. All adjustments in the contract price
by reason of any other change shall be agreed to by the parties prior to
commencement of the actual work in connection with such change.
4. Standards
of Work: All work
performed under this Contract shall conform to applicable current Rural
Utilities Services (hereinafter called
"RUS") standards and specifications.
The Contractor
shall furnish and be responsible for all supervision, labor, tools, equipment,
power, transportation, material, and supplies required to perform the work,
except those items specifically listed which will be furnished by the
Owner. The Contractor shall pick
up and transport such material and equipment from its place of storage to the
job site as needed. The Contractor
shall transport and return to a place of storage designated by the Owner unused
material and equipment belonging to the Owner.
5. Provision
of Materials: In the
performance of this Contract there shall be used only such unmanufactured
articles, materials, and supplies as have been mined or produced in the United
States, and only such manufactured articles, materials, and supplies as have
been manufactured in the United States substantially all from articles,
materials, or supplies mined, produced, or manufactured, as the case may be, in
the United States: Provided
that foreign articles, materials, or supplies may be used in the event and to
the extent that the RUS 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.
The Contractor agrees to submit to the Owner such certificate or certificates,
signed by the Contractor with respect to compliance with the foregoing
provisions as the RUS Administrator from time to time may require.
All materials
and equipment furnished by the Contractor shall be listed in the latest List of
Materials Acceptable for Use on Telecommunications Systems of RUS Borrowers.
The Contractor shall purchase materials and supplies outright and not subject
to any conditional sales agreement, bailment lease, or other agreement
reserving to the seller any right, title, or interest therein.
All guarantees
of materials and workmanship running in favor of the Contractor shall be
transferred and assigned to the Owner on completion of construction and at such
time as the Contractor receives final payment.
The Contractor
shall save 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 provided by the Contractor used in construction of the
Project.
It shall be the
duty of the Contractor to inspect all material used in the performance of the
work, whether or not furnished by the Owner. The Contractor shall not use any defective material in the
performance of the work.
The Contractor
shall reimburse the Owner or shall replace at no cost to the Owner any material
or property destroyed, damaged, or lost, regardless of cause, in the
performance of the Contract.
6. Laws
and Regulations: The
Contractor shall comply with all Federal, State, and Municipal Laws, ordinances
and regulations and building and construction codes applicable to the performance
of the work and give all notices that may be required. If the Contractor observes that the
work to be performed is at variance with any law, ordinance, regulation or
building, or construction code, he shall promptly notify the Owner. The Contractor shall follow the
instructions of Government officials regarding maintenance of traffic and
protection of the public. The
Contractor shall obtain a copy of regulations or permit requirements of the
appropriate Road authorities and make all employees aware of these regulations.
The Contractor
acknowledges that it is familiar with the Rural Electrification Act of 1936, as
amended, the Anti-Kickback Acts, as amended (40 USC 276c; 41 USC 51 et seq.)
and regulations issued pursuant thereto, and 18 U.S.C. 287, 874, 1001, as
amended. The Contractor
understands that the obligations of the parties hereunder are subject to the
applicable regulations and orders of Governmental agencies having jurisdiction
in the premises.
7. Environmental
Protection: The Contractor
shall perform work in such a manner as to maximize preservation of beauty and
conservation of natural resources, and minimize marring and scarring of the
landscape and silting of streams.
The Contractor shall not deposit trash in streams or waterways, and
shall not deposit herbicides or other chemicals or their containers in or near
streams, waterways or pastures.
The Contractor shall follow, under the general direction of the Owner,
the criteria relating to environmental protection as specified herein by the
Owner.
8. Inspection
of Work: The Owner
may maintain inspectors at the job site, and to further assure compliance with
the plans and specifications and maintain quality of construction, may, after
reasonable notice to the Contractor, perform from time to time operational
tests on the Project or a portion or portions thereof selected by the
Owner. However, such inspectors or
other employees or agents of the Owner shall not have authority to direct or
advise the Contractor or his employees and agents concerning the method of
manner by which the work is to be performed. The Contractor has sole authority, responsibility, and
control over the method and manner by which the work is to be performed and shall
remain in all respects an independent contractor.
9. Service
Pipes and Underground Structures:
The Contractor at the Contractor's expense shall locate any pipes,
conduits or other underground structures or obstructions which are in the way
of the construction, whether or not any work plans omit to show or purport to
show their locations. All such
property damaged in the course of the work shall be repaired by the Contractor
in a manner satisfactory to the Owner.
10. Duty
of Safe Performance: The
Contractor shall at all times take all reasonable precautions to protect all
persons and property, including property of the Owner from injury arising out
of the performance of the work.
The Contractor shall make such inspections, safety checks, and tests, and
shall provide such equipment, personnel, and supervision as is necessary to
insure the safe performance of the work.
11. Defects
in Work: The
Contractor shall correct at its expense all defects and deficiencies in the
work which result from labor or material furnished by the Contractor, workmanship,
or failure to follow the plans, drawings, RUS standards, or other
specifications made a part of this Contract, which are discovered within one
(1) year from the date the work is accepted. Acceptance of the work by the Owner shall not constitute a
waiver of any such defects or deficiencies. The Owner shall notify the Contractor in writing of any
defects and deficiencies and if the Contractor has failed to remedy or make
arrangements satisfactory to the Owner and RUS to remedy such defects and
deficiencies within twenty (20) days thereafter, the Owner may remedy such
defects and deficiencies and the Contractor shall pay the Owner the cost of
making such corrections.
12. Completion
on Contractor's Default:
If default shall be made by the Contractor in the performance of any of
the terms of this Contract, the Owner, without in any manner limiting its legal
and equitable remedies in the circumstances, may serve upon the Contractor a
written notice requiring the Contractor to cause such default to be corrected
forthwith. Unless within twenty
(20) days after the service of such notice upon the Contractor such default
shall be corrected or arrangements for the correction thereof satisfactory to
the Owner shall be made by the Contractor, 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 Contractor, and the
Contractor 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 Contractor which may be
situated at the site on the Project. The Owner in such contingency may exercise
any rights, claims, or demands which the Contractor may have against third
persons in connection with this Contract and for such purpose the Contractor
does hereby assign, transfer, and set over unto the Owner all such rights,
claims, and demands.
13. Indemnification: The Contractor agrees to indemnify and
hold harmless the Owner from any and all claims, actions, or causes of action
to the extent the claimed loss or damage arises out of the Contractor's
negligent performance or nonperformance of the work herein contracted to be
done, whether such claims, actions, or causes of action are alleged to be the
results of any act or omission of the Contractor, its subcontractors, agents,
servants, employees, or any or all of them and regardless of the fact that the
work may have been completed and accepted by the Owner and regardless of the
fact the Contractor may have received payment for work. The Owner shall
promptly notify the Contractor in writing of any such claims, actions, or
causes of action and give the Contractor full opportunity and authority to
assume the sole defense and settlement thereof. The Owner shall furnish to the
Contractor upon request all information available to the Owner for defense against
any claim, action, or cause of action. The Contractor's liability under this
indemnity shall not exceed the value of the Contract except for those claims
involving personal injury or tangible property damage.
14. Miscellaneous: The Contractor has made a careful
examination of the site of the Project and conditions which may effect work
under this Contract.
The Contractor
will build the outside plant facilities under the Contract on rights-of-way
provided by the Owner including, where directed by the Owner, rights-of-way
presently occupied by existing facilities of the Owner. The Contractor will use
no explosive in the performance of work under this Contract without the prior
written approval of the Owner. All permits necessary for the handling or use of
dynamite or other explosives in connection with construction of the Project
shall be obtained by and at the expense of the Contractor.
Except as
otherwise agreed to by the Owner, all work shall be performed without
interruption to or interference with existing telephone service.
The Contractor
shall not assign this contract or any part thereof, or enter into any contract
with any person, firm, or corporation for performance of the Contractor's
obligations hereunder, or any part of such obligations.
15. Nondiscrimination: (See RUS Form 270 attached)
16. Debarment: The Contractor represents that to the
extent required, it has complied with Executive Orders 12549 and 12689,
Debarment and Suspension, and any rules or regulations issued thereunder, including
7 CFR Part 3017.
Note: The penalty for making false statements in offers is
prescribed in 18 U.S.C. 1001.
SECTION III – INSURANCE |
During the Contractor's performance
hereunder, the Contractor shall take out and maintain fully paid insurance providing
not less than the minimum coverage required by 7 CFR 1788, Subpart C.
The Owner may at any time require
public liability insurance and property damage liability insurance greater than
that required in 7 CFR 1788, Subpart C. In any such event, the additional
premium or premium payable solely as the result of such additional insurance
shall be added to the Contract price.
I have read,
understand, and agree to all portions of this contract and |
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attachments. |
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(Number) |
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(Contractor)
By |
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Date |
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Title |
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Pine
Telephone Company |
(Owner)
By |
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Date |
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Title |
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To Be
Inserted in Construction Contracts and
Subcontracts,
and Materials Contracts and Purchase Orders
____________________________________________________________________________________
The Contractor represents that:
It
has |
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, does not have |
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, 100 or more employees, and if it
has, that |
It
has |
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, 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 and Title VII of the Civil Rights Act of
1964.
The Contractor 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 an Standard Form 100.
The Contractor 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 Contractor
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.
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CERTIFICATION OF NONSEGREGATED FACILITIES
The Contractor 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 Contractor 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 Contractor agrees that a breach of this certification is a violation
of the Equal Opportunity Clause in this contract. As used in this certification, the tem "segregated
facilities" means any waiting rooms, work areas, restrooms and
washrooms, restaurants and other eating areas, timeclocks, locker rooms and
other storage for dressing areas, parking lots, drinking 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
Contractor 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.
NOTE: The penalty for making false
statements in offers is prescribed in 18 U.S.C. 1001.
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Part III
EQUAL OPPORTUNITY CLAUSE
During
the performance of this contract, the Contractor agrees as follows:
(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 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, demotion or transfer; recruitment or
recruitment 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 for employment, notices
to be provided setting forth the provisions of this nondiscrimination clause.
(2) The Contractor
will, in all solicitations or advertisements for employees placed by or on
behalf of the Contractor, state that all qualified applicants will receive consideration
for employment without regard to race, color, religion, sex, or national
origin.
(3) The Contractor
will send to each labor union or representative of workers with which it has a
collective bargaining agreement of other contract or understanding, a notice to
be provided advising the said labor union or workers' representative of the
Contractor's commitments under this section, and shall post copies of the
notice in conspicuous places available to employees and applicants for
employment.
(4) The Contractor
will comply with all provisions of Executive Order 11246 of September 24, 1965,
and of the rules, regulations and relevant orders of the Secretary of Labor.
(5) The
Contractor 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 ContractorÕs noncompliance with the nondiscrimination clauses of this
contract or with any of the said rules, regulations or orders, this contract
may be cancelled, terminated or suspended in whole or in part and the
Contractor 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 the said Executive
Order or by rule, regulation or order of the Secretary of Labor, or as
otherwise provided by law.
(7) The
Contractor will include the portion of the sentence immediately preceding
paragraph (1) and the provisions of paragraphs (1) through (7) in every
subcontract or purchase order unless exempted by rules, regulations or orders
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
Contractor 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 a Contractor becomes
involved in, or is threatened with, litigation with a subcontractor or vendor
as a result of such direction by the administering agency, the Contractor may
request the United States to enter into such litigation to protect the
interests of the United States.
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The
term ÒContractorÓ shall also mean ÒBidderÓ or ÒSellerÓ in case of materials and
equipment contracts and purchase orders, and ÒSubcontractorÓ in case of
subcontracts.
The
provisions of this addendum are not applicable to any contract or subcontract
not exceeding $10,000.
This addendum supersedes the similar representations an
provisions which may contained in the contract form to which this addendum is
attached. The Contractor may
disregard the superseded representations and provisions.
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CONTRACTOR |
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By |
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TITLE |
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DATE |
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CERTIFICATE OF CONTRACTOR
AND INDEMNITY AGREEMENT
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certifies that |
he
is the [1] |
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TITLE
OR DESIGNATION |
of |
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, the
Contractor in |
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NAME
OF CONTRACTOR |
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a Contract dated |
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20 |
entered into between the Contractor |
and |
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the Owner,
for the |
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NAME
OF RUS BORROWER |
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construction of a rural
telephone Project (hereinafter referred to as Project), which bears the Rural
Utilities
Service Project Designation |
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and that he is authorized |
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RUS DESIGNATION |
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to
and does make this Certificate and Indemnity Agreement on behalf of said
Contractor in order to induce the Owner to make payment to the Contractor, in
accordance with the provisions of the said contract and to induce the Rural
Utilities Service to advance monies to the Owner for the construction performed
pursuant to the contract.
Undersigned
further says that all persons who have furnished labor in connection with of
the
Project
represented by the Final Invoice dated |
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have been paid |
in
full; that all manufactures, materialmen and subcontractors which furnished any
materials or service, or both, for the said Project have been paid in full,
that no lien has been filed against the Project and no person has any right to
claim any lien against the Project.
Undersigned
further says that if the Owner pays the Contractor the contract price for the
said Project the Contractor will indemnify and hold harmless and does hereby
undertake and agree to indemnify and hold harmless the Owner from any claim or
lien arising out of the negligence or other fault of the Contractor in respect
of the performance-of the contract which may have been or may be filed against
the Owner.
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SIGNATURE
OF CONTRACTOR |