Form 773 Miscellaneous Construction Work and Maintenance Services

United States
Department of
Agriculture
Rural
Utilities
Service
RUS Form 773
December 1990

Miscellaneous
Construction Work
and Maintenance
Services Contract

Miscellaneous Construction
Work and Maintenance
Services Contract
RUS Contract Form 773
December 1990

Borrower's RUS Designation
Contractor
Contract No.
Contract Date

-

-

Contract Amount

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unless it displays a valid OMB control number. The valid OMB control number for this information collection is 0572-0059. The time required to complete this
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maintaining the data needed, and completing and reviewing the collection of information.

INSTRUCTIONS SHEET
FOR USE OF
RUS FORM 773
GENERAL
This Contract is intended for use with miscellaneous construction work and maintenance services whose total
cost does not exceed $250,000. This contract may be for labor only, material only, or for labor and material.
Close the contract out on RUS Form 771. Refer to 7 CFR Part 1753, Subpart I. There are no provisions to
amend this contract. Several examples of the use of this contract are as follows:
1. Short outside plant extensions such as the plowing of drop wire or small pair count wire
and cable,
2. Cable splicing,
3. Line removal,
4. Installation or movement of central office and electronic equipment,
5. Carpentry and painting,
6. Right-of-way clearing.
This contract does not require RUS approval; see 7 CFR 1753, Subpart I. This contract is not to be used with
subcontractors.
SECTION I
a. The work order number assigned to the individual project should be referenced. In case of blanket work
orders, where a single contract will serve several individual work orders, a suitable identifying number
should be selected, from which individual projects can be identified. This number should relate to a force
account work order that pertains to the same project when applicable.
b. Contractor's name; mailing address; license number, issuance state and expiration date, where applicable;
borrower's corporate name; and RUS designation.
PROJECT
1.
2.
3.
4.
5.
6.

Give a brief description of the work to be performed.
Self-explanatory.
Self-explanatory.
If yes, attach a separate and complete list of materials to be furnished. See Section II, General Provisions.
Identify appropriate exchanges.
Hourly rates for labor and/or equipment should be specified as necessary. Lump sum(s) should be
identified and specified as appropriate. Units should be standard RUS units, when appropriate.
7. The maximum closeout amount of this Contract cannot exceed $250,000. Unless otherwise directed,
invoices are to be submitted to the Owner.
8. Define a time for construction that is realistic for the work to be performed and which will meet the owner's
requirements.
SECTION II - General Provisions
The borrower must attach all drawings, sketches, lists of materials, list of units, descriptions of work, references to
appropriate standards, specifications, etc., so as to make them a part of this Contract. In addition, references should
be made to Federal, State, Local, and other requirements, if any, as appropriate, in the attachments to this contract.
Examples of this would be local codes, utility regulations, etc. RUS Form 270, as indicated in Paragraph 15 should
be attached and properly executed.
Borrowers must comply with all applicable requirements imposed by Executive Orders 12549 and 12689,
Debarment and Suspension, and any rules or regulations issued thereunder, including 7 CFR Part 3017.

U. S. DEPARTMENT OF AGRICULTURE
RURAL UTILITIES SERVICE
CONTRACT ATTACHMENT

Pursuant to the Department of Agriculture Reorganization
Act of 1994 (Title II of Public Law No. 103 - 54), the United
States Secretary of Agriculture simultaneously abolished the
Rural Electrification Administration (REA) and established
the Rural Utilities Service (RUS) to succeed REA as the
agency for carrying out electric and telephone loan program
activities authorized by law, including the Rural Electrification
Act of 1936 (7 U.S.C. 901 et seq.).

MISCELLANEOUS CONSTRUCTION WORK
AND MAINTENANCE SERVICES CONTRACT
SECTION I
W. O. Number

(Enter this number on all attachments, invoices and related

correspondence).

day of 20

This Contract is entered into this

between

(hereinafter called ''Contractor'', (Contractor's License No.
Issuance State

),

, Expiration Date

of ,

-

-

(Mailing Address)

;

(City)

(State)

;

(Zip)

,

and ,

(hereinafter called ''Owner''), known as

(RUS Designation: State, No., Letter)

PROJECT
1. Description of work:

(hereinafter called the ''Project'').

Indicate if drawings, specifications, or other further description is attached and made part
of this agreement: (Check One) NO
YES
2. Project is for: (Check One) Construction

Maintenance

(1)

RUS Form 773 (12/90)

3. Evidence of insurance is required (See Section III).
4. The Owner will furnish material? (Check One) NO

YES

(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)

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 $
due and payable in accordance with the following schedule:

. Payment shall be

I

I

I

Invoices are to be submitted to:

A duly executed RUS Form 743, Certificate of Contractor and Indemnity Agreement,
shall accompany the final invoice. (A copy to be attached to the contract.)
8. The Contractor shall begin performance of this Contract no later than
and shall complete performance no later than

(2)

-

-

RUS Form 773

.

(12/90)

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
Project 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
or deducting from the Project. No change in the Contract price shall be made for minor changes
to
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 Service (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 Telephone 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.

(3)

RUS Form 773 (12/90)

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 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, or 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-Kickbact 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
Government 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 or 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.

(4)

RUS Form 773 (12/90)

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 or any such defects
deficiencies. The Owner shall notify the Contractor in writing of any defects and deficiencies and
or
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 Defaults: 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 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, 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 affect 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.
(5)

RUS Form 773 (12/90)

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, to be attached to this contract.)

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 10 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.
Where the performance of the work involves ''structural property, underground property, or

blasting,'' the Contractor's comprehensive general liability insurance policy shall
coverage to the insured for legal liability arising from operations under this contract for
provide
property damage (1) arising out of blasting, (2) arising out of collapse of or structural injury to
any building or structure, or (3) to underground facilities and utilities.
I have read, understand, and agree to all portions of this Contract.

(Contractor)

By
Title

Date

-

-

(Owner)

By
Title

Date

(6)

-

-

RUS Form 773 (12/90)