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reasonably ascertainable from an inspection of the site,
including all exploratory work done by the PHA, as weil
as from the drawings and specifications made a part of
this contract. Any failure of the Contractor to take the
actions described and acknowledged in this paragraph
will not relieve the Contractor from responsibility for
estimating properly the difficulty and cost of successfully
performing the work, or for proceeding to successfully
perform the work without additional expense to the PHA.
(b) The PHA assumes no responsibility for any conclusions
ot interpretations made by the Contractor based on the
information made available by the PHA. Nor does the
PHA assume responsibility for any understanding
reached or representation made concerning conditions
which can affect the work by any of its officers or agents
before the execution of this contract, unless that
understanding or representation is expressly stated in
this contract.
8. Differing Site Conditions
{@) The Contractor shall promptly, and before the conditions
are disturbed, give a written notice to the Contracting Officer
of (1) subsurface or latent physical conditions at the site which
differ materially from those indicated in this contract, or (2)
unknown physical conditions at the site(s), of an unusual
nature, which differ materially from those ordinarily
encountered and generally recogriized as inhering in work of
the character provided for in the contract.
(b) The Contracting Officer shall investigate the site
conditions promptly after receiving the notice. Work shail noi
proceed at the affected site, except ai the
Contractor's risk, until the Contracting Officer has
provided written instructions to ihe Contractor. If the
conditions do materially so differ and cause an increase
or decrease in the Contractor's cost of, or the time
required for, performing any part of the work under this
contract, whether or not changed as a resutt of the
conditions, the Contractor shall file 4 claim in writing to
the PHA within ten days after receipt of such instructions
and, in any event, before proceeding with the work. An
equitable adjustment in the contract price, the delivery
schedule, or both shall be made under this clause and
the contract modified in writing accordingly.
(c) No request by the Contractor for an equitable
adjustment to the contract under this clause shall be
allowed, unless the Contractor has given the written notice
required; provided, that the time prescribed in (a) above for
giving written notice may be extended by the Contracting
Officer.
(d) No request by the Contractor for an equitable adjustment
to the contract for differing site conditions shall be allowed if
made after final payment under this contract.
9. Specifications and Drawings for Construction
(a) The Contractor shalt keep on the work sile a copy of the
drawings and specifications and shall at all times give
the Contracting Officer access thereto. Anything
mentioned in the specifications and not shown on the
drawings, or shown on the drawings and not mentioned
in the specifications, shall be of like effect as if shown or
mentioned in both. In case of difference between
drawings and specifications, the specifications shall
govern. In case of discrepancy in the figures, in the
drawings, or in the specifications, the matter shall be
fe
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promptly submitted to the Contracting Officer, who shall
promptly make a determination in writing. Any adjustment
by the Contractor withaut such a determination shall be at
its own risk and expense. The Contracting Officer shail
furnish from time to time such detailed drawings and other
information as considered necessary, unless
otherwise provided.
(6) Wherever in the specifications or upon the drawings the
words “directed”, “required”, “ordered*, “designated”,
“prescribed”, or words of like import are used, it shall be
understood that the “direction”, “requirement”, “order”,
“designation”, or “prescription”, of the Contracting Officer is
intended and similarly the words “approved”, “acceptable”,
“satisfactory”, or words of like import shall mean “approved
by”, or “acceptable to”, or “satisfactory to” the Contracting
Officer, unless otherwise expressly stated.
(c) Where “as shown” “as indicated”, “as detailed’, or words
of similar import are used, it shall be understood that the
reference is made to the drawings accompanying this
contract unless stated otherwise. The word “provided” as
used herein shall be understood to mean “provide
complete in place” that is “fumished and installed”.
(d) “Shop drawings” means drawings, submitted to the PHA
by the Contractor, subcontractor, or any lower tier
subcontractor, showing in detail (1) the proposed fabrication
and assembly of structural elements and (2) the installation
(Le., form, fit, and attachment details) of materials of
equipment. it includes drawings, diagrams, layouts,
schematics, descriptive literature, illustrations, schedules,
performance and test data, and similar materials furnished by
the Contractor to explain in detail specific portions of the work
required by the contract. The PHA may duplicate, use, and
disclose in any manner and for any purpose shop drawings
delivered under this contract.
(e) If this contract requires shop drawings, the Contractor
shall coordinate all such drawings, and review them for
accuracy, completeness, and compliance with other contract
requirements and shail indicate its approval thereon as
evidence of such coordination and review. Shop drawings
submitted to the Contracting Officer without evidence of the
Contractor's approval may be reitumed for resubmission.
The Contracting Officer will indicate an approval or
disapproval of the shop drawings and if not approved as
submitted shall indicate the PHA’s reasons therefore. Any
work done before such approval shall be at the Contractor's
risk. Approval by the Contracting Officer shall not relieve the
Contractor from responsibility for any errors or omissions in
such drawings, nor from responsibility for complying with the
requirements of this contract, except with respect to
variations described and approved in accordance with (f)
below.
(f) lf shop drawings show variations from the contract
requirements, the Contractor shall describe such variations in
writing, separate from the drawings, at the time of
submission. lf the Architect approves any such variation and
the Contracting Officer concurs, the Contracting Officer shall
issue an appropriate modification to the contract, except thai,
if the variation is minor or does not involve a change in price
or in time of performance, a modification need not be issued.
(g) [t shall be the responsibility of the Contractor to make
timely requests of the PHA for such large scale and full size
drawings, coler schemes, and other additional information,
not already in his possession, which shall be
fom bUD-5370 (1/2014)
Replaces form HUD-5370-A_Jump to an indexed page (88 of 88)