Miscellaneous Construction

 

 

Work and Maintenance

 

Services Contract

 

 

 

 

 

RUS Contract Form 773

 

 

January 2001

 

 

 

 

 

 

 

 

 

U.S. Department of Agriculture

Rural Utilities Services

 

Borrower's RUS Designation

OK1110

 

Contractor

 

 

Contract No.

Can use work order #

 

Contract Date

 

 

Contract Amount

Less than $250,000.00

 

 

 


 



SECTION I

 

W. O. Number

 

(Enter this number on all attachments, invoices and related correspondence).

 

This Contract is entered into this

 

 day of

 

 ,between

 

  

 

(hereinafter called "Contractor"), (Contractor's License No.

 

,

 

Issuance State

 

, Expiration Date

 

) of,

 

 

 

(Mailing Address)

 

 

,

 

,

 

 

(City)

 

(State

 

Zip)

 

 

and

 

,

(hereinafter called "Owner").

 

PROJECT

 

1. Description of work:

 

Provide and install 300’ tower near ???, Oklahoma.  Includes ground field, concrete work, antenna, and transmission line installation.

 

 

 

 

 

 

 

 

 

 

 

 

 

Indicate if drawings, specifications, or other further description is attached and made part of this

agreement:

YES

X

 

 

NO

 

.

 


 

2.  Project is for:  Construction

X

Maintenance

 

.

3.  Evidence of insurance is required (See Section III).

4.  The Owner will furnish material?  YES

 

NO 

 

 (See Attached list

.

 

5.  All work on this Contract will be performed in the Owner's exchange(s) of

 

  ????

 

 

 

 

 

 

 

6.  The method of payment for performance shall be:

     (Specify rate(s))

       Hourly basis

 

 

 

 

     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

Engineer, and submittal of the final invoice and executed RUS Form 743.

 

     Unit basis (Describe unit(s))

 

 

 

 

     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:

 

 

 

 

 

 

 

 

       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

????

 

 

 and shall complete performance no later than

      ????

.

 


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

??

 attachments.

 

(Number)

 

 

 

 

(Contractor)

 

By

 

Date

 

 

 

Title

 

 

 

Pine Telephone Company

(Owner)

 

By

 

Date

 

 

 

Title

 

 


EQUAL OPPORTUNITY ADDENDUM

To Be Inserted in Construction Contracts and

Subcontracts, and Materials Contracts and Purchase Orders

____________________________________________________________________________________

PART 1

 

The Contractor represents that:

 

It has

 

 , does not have

 

 , 100 or more employees, and if it has, that

 

It has

 

 , has not

 

 , 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.

____________________________________________________________________________________

Part II

 

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.


____________________________________________________________________________________

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 Contractor’s 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.

 

____________________________________________________________________________________

 

The term “Contractor” shall also mean “Bidder” or “Seller” in case of materials and equipment contracts and purchase orders, and “Subcontractor” 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.

 

 

 

 

 

CONTRACTOR

 

 

 

By

 

 

TITLE

 

 

 

 

 

DATE

 

 


CERTIFICATE OF CONTRACTOR

AND INDEMNITY AGREEMENT

 

 

, certifies that

 

he is the [1]

 

TITLE OR DESIGNATION

 

of

 

 , the Contractor in

 

NAME OF CONTRACTOR

 

 

a Contract dated

 

,

20   

 entered into between the Contractor

 

and

 

 the Owner, for the

 

NAME OF RUS BORROWER

 

construction of a rural telephone Project (hereinafter referred to as Project), which bears the Rural

 

Utilities Service Project Designation

 

 and that he is authorized

 

RUS DESIGNATION

 

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

 

 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.

 

 

 

 

SIGNATURE OF CONTRACTOR

 



1.  President, Vice-President, Partner or Owner, or if signed by other than one of the foregoing, Power of Attorney signed by one of the foregoing should be attached.  Indicate applicable designation.