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waivers. Before installing the work, the Cantractor shall
examine the drawings and the specifications for
compliance with appticable codes and regulations
bearing on the work and shall immediately report any
discrepancy it may discover to the Contracting Officer.
Where the requirements of the drawings and
specifications fail to comply with the applicable code or
regulation, the Contracting Officer shall modify the
contract by change order pursuant to the clause entifled
Changes herein to conform to the code or regulation.
(b) The Contractor shall secure and pay for all permits, fees,
and licenses necessary for the proper execution and
completion of the work. Where the PHA can arrange for
the issuance of all or part of these permits, fees and
licenses, without cost to the Contractor, the contract
amount shall be reduced accordingly.
13. Health, Safety, and Accident Prevention
(a) In performing this contract, the Contractor shall:
(1)
@)
@)
4
Ensure that no laborer or mechanic shall be required
to work in surroundings or under working conditions
which are unsanitary, hazardous, or dangerous to
his/her health end/or safety as determined under
construction safety and health standards promulgated
by the Secretary of Labor by regulation;
Protect the lives, health, and safety of other persons;
Prevent damage to property, materials, supplies, and
equipment; and,
Avoid work interruptions.
(b) For these purposes, the Contractor shall:
(1)
(2)
Comply with regulations and standards issued by the
Secretary of Labor at 29 CFR Part 1926. Failure to
comply may result in imposition of sanctions pursuant
to the Contract Work Hours and Safety Standards Act
(Public Law 91-54, 83 Stat. 96), 40 U.S.C. 3701 et
seq.; and
Include the terms of this clause in every subcontract
so that such terms will be binding on each
subcontractor,
(c) The Contractor shall maintain an accurate record of
exposure data on all accidents incident to work performed
under this contract resulting in death, traumatic injury,
occupational disease, or damage to property, materials,
‘supplies, or equipment, and shall report this data in the
paaner prescribed by 29 CFR Part
(d) The Contracting Officer shall notify the Contractor of any
noncompliance with these requirements and of the
corrective action required. This notice, when delivered to
‘ithe Contractor or the Contractor's representative at the
site of the work, shall be deemed sufficient notice of the
noncompliance and corrective action required. After
receiving the notice, the Contractor shall immediately
take corrective action. If the Contractor fails or refuses to
take corrective action promptly, the Contracting Officer
may issue an order stopping all or part of the work until
satisfactory corrective aciion has been taken. The
Contractor shall not base any claim or request for
equitable adjustment for additional time or money on any
stop order issued under these circumstances.
(@) The Contractor shall be responsible for its subcontractors’
compliance with the provisions of this clause. The
Contractor shail take such action with respect to any
subcontract as the PHA, the Secretary of Housing and
Urban Development, or the Secretary of Labor shall
direct as a means of enforcing such provisions.
14, Temporary Heating
The Contractor shall provide and pay for temporary
heating, covering, and enclosures necessary to properly
protect all work and materials against darnage by
dampness and cold, to dry out the work, and to facilitate
the completion of the work. Any permanent heating
equipment used shall be tumed over fo the PHA in the
condition and at the time required by the specifications.
15, Availability and Use of Utility Services
(a) The PHA shall make all reasonably required amounts of
utilities available to the Contractor from existing outlets
and supplies, as specified in the contract. Unless
atherwise provided in the contract, the amount of each
utility service consumed shall be charged to or paid for by
the Contractor at prevailing rates charged ta the PHA or,
where the utility is produced by the PHA, at reasonable
rates determined by the Contracting Officer. The
Contracior shall carefully conserve any utilities fumished
without charge.
(b) The Contractor, at its expense and in a manner
satisfactory to the Contracting Officer, shall install and
maintain all necessary temporary connections and
distribution lines, and all meters required to measure the
amount of each ulility used for the purpose of
determining charges. Before final acceptance of the work
by the PHA, the Contractor shall remove all the
temporary connections, distribution lines, meters, and
associated paraphemalia.
16. Protection cf Existing Vegetation, Structures,
Equipment, Utilities, and Improvements
(a) The Contractor shall preserve and protect all structures,
equipment, and vegetation (such as trees, shrubs, and
grass) on or adjacent to the work site, which are not to be
removed under this contract, and which do not
unreasonably interfere with the work required under this
contract.
(b) The Contractor shail only remove trees when specifically
authorized to do so, and shall avoid damaging vegetation
that will remain in place. If any limbs or branches of trees
are broken during performance of this contract, or by the
careless operation of equipment, or by workmen, the
Contractor shall trim those limbs or branches with a clean
cut and paint the cut with a tree-pruning compound as
directed by the Contracting Officer.
(c) The Contractor shall protect from damage all existing
improvements and utilities (1) at or near the work site and
(2) on adjacent property of a third party, the locations of
which are made known to or should be known by the
Contractor. Prior to disturbing the ground at the
construction site, the Contractor shall ensure that all
underground utility lines are clearly marked.
(d) The Contractor shall shore up, brace, underpin, secure,
and protect as necessary all foundations and other parts
of existing structures adjacent to, adjoining, and in the
vicinity cf the site, which may be affected by the
excavations or other operations connected with the
construction of the project.
(e) Any equipment temporarily removed as a result of work
under this contract shall be protected, cleaned, and
replaced in the same condition as at the time of award of
this contract.
Previous editions are obsolete
Replaces form HUD-5370-A
Page 6 of 19
farm HUD-5370 (1/2014)Jump to an indexed page (88 of 88)