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(b) The Architect shall serve as the Contracting Officer's
technical representative with respect to architectural,
Schedule engineering, and design matters related to the work
performed under the contract. The Architect may provide
direction on contract performance. Such direction shall be
within the scope of the contract and may not be of a
nature which: (1) institutes additional work outside the
scope of the contract; (2) constituies a change as defined
in the Changes clause herein; (3) causes an increase or
decrease in the cost of the contract; (4) alters the
Construction Progress Schedule; or (5) changes any of
the other express terms or conditions of the contract.
(c) The Architect’s duties and responsibilities may include but
shall not be limited to:
a Making periodic visits to the work site, and on the
basis of his/her on-site inspections, issuing written
reports to the PHA which shall include all observed
deficiencies. The Architect shall file a copy of the
report with the Contractor's designated representative
at the site;
(2) Making modifications in drawings and technical
specifications and assisting the Contracting Officer in
the preparation of change orders and other contract
iitications for issuance by the Contracting Officer;
(8) Reviewing and making recommendations with respect
te - (i) the Contractor's construction progress
schedules; (ii) the Contractor's shop and detailed
drawings: the machinery, mechanical and cther
equipment and materials or other articles proposed
for use by the Contractor; and, (iv) the Contractors
price breakdown and progress payment estimates;
and,
(4) Assisting in inspections, signing Certificates of
Completion, and making recommendations with
respect to acceptance of work compieted under the
contract.
4, Other Contracts
The PHA may undertake or award other contracts for
additional work at or near the site of the work under this
contract. The Contractor shall fully cooperate with the
other contractors and with PHA employees and shall
carefully adapt scheduling and performing the work under
this contract to accommodate the additional work, heeding
any direction that may be provided by the Contracting
Officer. The Contractor shall not commit or permit any act
that will interfere with the performance of work by any
other contractor or by PHA employees
5. Pre-construction Conference and Notice to Proceed
of the work, and that it has investigated and satisfied itself
(a) Within ten calendar days of contract execution, and prior
to the commencement of work, the Contractor shall
attend a preconstruction conference with representatives
of the PHA, its Architect, and other interested parties
convened by the PHA. The conference will serve to
acquaint the participants with the general plan of the
construction operation and all other requirements of the
contract. The PHA will provide the Contractor with the
date, time, and place of the conference.
The contractor shail begin work upon receipt of a written
Notice to Procaad from the Contracting Officer or
designee. The Contractor shall not begin work prior to
receiving such notice,
0)
6. Construction Progress
(a) The Contractor shall, within five days after the work
commences on the contract or another period of time
determined by the Contracting Officer, prepare and
submit to the Contracting Officer for approval three copies
of a practicable schedule showing the order in which the
Contractor proposes to perform the work, and the dates
on which the Contractor contemplates starting and
completing the several salient features of the work
(including acquiring labor, materials, and equipment). The
schedule shail be in the form of a progress chart of
Suitable scale to indicate appropriately the percentage of
work scheduled for comptetion by any given date during
the periad. If the Contractor fails to submit a schedule
within the time prescribed, the Contraciing Officer may
withhold approval of progress payments or take other
remedies under the contract until the Contractor submits
the required schedule.
(b) The Coniractor shall enter the actual progress on the
chart as required by the Contracting Officer, and
immediately deliver three copies of the annciated
schedule to the Contracting Officer. If the Contracting
Officer determines, upon the basis of inspection
conducted pursuant to the clause entitled Inspection and
Acceptance of Construction, herein that the Contractor is
not meeting the approved schedule, the Contractor shall
take steps necessary to improve its progress, including
those that may be required by the Contracting Officer,
without additional cost to the PHA. In this circumstance,
the Contracting Officer may require the Contractor to
increase the number of shifls, overtime operations, days
of work, and/or the amount of construction plant, and to
submit for approval any supplementary schedule or
schedules in chart form as the Contracting Officer deems
hecessary to demonstrate how the approved rate of
progress will be regained.
(c) Failure of the Contractor to comply with the requirements
of the Contracting Officer under this clause shall be
grounds for a determination by the Contracting Officer that
the Contractor is not prosécuting the work with sufficient
diligence to ensure completion within the time
specified in the Contract. Upon making this
determination, the Contracting Officer may terminate the
Contractors right to proceed with the work, or any
separable pari of if, in accordance with the Default clause
of this contract.
7. Site Investigation and Conditions Affecting the Work
(a) The Contractor acknowledges that it has taken sieps
teasonably necessary to ascertain the nature and location
as to the general and local conditions which can affect the
work or its cost, including but not limited to, (1) conditions
bearing upon transportation, disposal, handling, and
storage of materials; (2) the availability of labor, water,
electric power, and roads;(3) uncertainties of weather,
river stages, tides, or similar physical conditions at the
site; (4) the conformation and conditions of the ground;
and (5) the character of equipment and facilities needed
preliminary to and during work performance. The
Contractor also acknowledges that it has satisfied itself as
to the character, quality, and quantity of surface and
subsurface materials or obstacles to be encountered
insofar as this information is
Previous editions are obsolete
Replaces form HUD-5370-A
Page 3 of 18 form HUD-5376 (1/2014)Jump to an indexed page (88 of 88)