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Definitions
“Architect” means the person or other entity engaged by
the PHA to perform architectural, engineering, design,
and other services related to the work as provided for in
the contract. When a PHA uses an engineer to act in this.
capacity, the terms “architect” and “engineer” shall be
synonymous. The Architect shall serve as a technical
representative of the Contracting Officer. The Architect's
authority is as set forth elsewhere in this contract.
“Contract” means the contract entered into between the
PHA and the Contractor. It includes the forms of Bid, the
Bid Bond, the Performance and Payment Bond or Bonds
or other assurance of completion, the Certifications,
Representations, and Other Statements of Bidders (form
HUD-5370), these General Conditions of the Contract for
Construction (form HUD-5370), the applicable wage rate
determinations from the U.S, Department of Labor, any
‘special conditions included elsewhere in the contract, the
specifications, and drawings. It includes all formal
anges to any of those documents by addendum,
change order, or other modification.
“Contracting Officer’ means the person delegated the au-
thority by the PHA to enter into, administer, and/or
terminate this contract and designated as such in writing
to the Contractor. The term includes any successor
Contracting Officer and any duly authorized
representative of the Contracting Officer also designated
in writing. The Contracting Officer shall be deemed the
authorized agent of the PIA in all dealings with the
Contractor.
“Contractor” means the person or other entity entering
Into the contract with the PHA to perform all of the work
requited under the contract.
“Drawings” means the drawings enumerated in the
schedule of drawings contained in the Specifications and
as described in the contract clause entitled Specifications
and Drawings for Construction herein.
“HUD” means the United States of America acting through
the Department of Housing and Urban Development
including the Secretary, or any other person designated to
(a) The Contractor shall furnish all necessary labor,
materials, tools, equipment, and transportation necessary
for performance of the work. The Contractor shall also
furnish all necessary water, heat, light, and power not
made available to the Contractor by the PHA pursuant to
the clause entitled Availability and Use of Utility Services
herein.
(b) The Contractor shall perform on the site, and with its own
organization, work equivalent to at least [
unless otherwise indicated) of the total amount of work to
be performed under the order. This percentage may be
reduced by a supplemental agreement to this order if,
during performing the work, the Contractor requests a
reduction and the Contracting Officer determines that the
reduction would be to the advantage of the PHA.
(c) At all times during performance of this contract and until
the work is completed and accepted, the Contractor shall
directly superintend the work or assign and have on the
work site a competent superintendent who is satisfactory
to the Contracting Officer and has authority to act for the
Contractor.
(d) The Contractor shall be responsible for all damages to
persons or property that occur as a result of the
Contractor's fault or negligence, and shall take proper
safety and health precautions to protect the work, the
workers, the public, and the property of others. The
Contractor shall hold and save the PHA, its officers and
agents, free and harmless from liability of any nature
occasioned by the Contractor's performance. The
Contractor shall also be responsible for all materials
delivered and work performed until completion and
acceptance of the entire work, except for any completed
unit of work which may have been accepted under the
contract.
(e) The Contractor shall lay out the work from base lines and
bench marks indicated on the drawings and be
responsible for all lines, levels, and measurements of all
work executed under the contract. The Contractor shall
verify the figures before laying out the work and will be
held responsible for any error resulting from its failure to
do so.
act on its behalf. HUD has agreed, subject to the provisions of an (f) The Contractor shall confine all operations {including
Annual Contributions Terms and Conditions (ACC), to
provide financial assistance to the PHA, which includes
assistance in financing the work to be performed under
this contract. As defined elsewhere in these General
Conditions or the contract documents, the determination
of HUD may be required to authorize changes in the work
or for release of funds to the PHA for payment to the
Contractor. Notwithstanding HUD's role, nothing in this
contract shall be construed to create any contractual
relationship between the Contractor and HUD.
“Project” means the entire project, whether construction
or rehabilitation, the work for which is provided for in
whole or in part under this contract.
“PHA” means the Public Housing Agency organized
under applicable state laws which a party to this
contract.
() “Specifications” means the written description of the
technical requirements for construction and includes the
oriteria and tests for determining whether the
requirements are met.
() Work" means materials, workmanship, and manufacture
and fabrication of components.
2. Contractor's Responsibility for Work
Previous editions are obsolete
Replaces form HUD-5370-A
Page 2 of 19
storage of materials) on PHA premises to areas
authorized or approved by the Contracting Officer.
(g) The Contractor shall at all times keep the work area,
including storage areas, free from accumulations of
waste materials. After completing the work and before
final inspection, the Contractor shall (1) remove from the
premises all scaffolding, equipment, tools, and materials
(including rejected materials) that are not the property of
the PHA and all rubbish caused by its work; (2) leave the
work area in a clean, neat, and orderly condition
satisfactory to the Contracting Officer; (3) perform all
specified tests; and, (4) deliver the installation in
complete and operating condition.
(h) The Contractor's responsibility will terminate when all
work has been completed, the final inspection made, and
the work accepted by the Contracting Officer. The
Contractor will then be released from further obligation
except as required by the warranties specified elsewhere
in the contract.
3. Architect's Duties, Responsibilities, and Authority
{a) The Architect for this contract, and any successor, shall
be designated in writing by the Contracting Officer.
form HUD-5370 (1/2014)
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