Miscellaneous Construction Work And Maintenance Services Contract Page 7
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13It 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, 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 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 or any such defects 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.
RUS Form 773 (12/90)
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