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(f) New work which connects to existing work shall
correspond in all respects with that to which it connects
and/or be similar to existing work unless otherwise
required by the specifications.
(g) No structural members shall be altered or in any way
weakened without the written authorization of the
Contracting Officer, unless such work is clearly specified
in the plans or specifications.
(h) If the removal of the existing work exposes discolored or
unfinished surfaces, or work out of alignment, such
surfaces shall be refinished, or the material replaced as
necessary to make the continuous work uniform and
harmonious. This, however, shall not be construed ta
require the refinishing or reconstruction of dissimilar
finishes previously exposed, or finished surfaces in good
condition, but in different planes or cn different levels
Construction when brought together by the removal of intervening
work, unless such refinishing or reconstruction is
specified in the plans or specifications.
@ The Contractor shail give all required notices to any
adjoining or adjacent property owner or other party before
the commencement of any work.
() The Contractor shall indemnify and save harmless the
PHA from any damages on account of settlement or the
loss of lateral support of adjoining property, any damages
from changes in topography affecting drainage, and from
all loss or expense and all damages for which the PHA
may become liable in consequence of such injury or
damage to adjoining and adjacent structures and their
premises.
The Contractor shall repair any damage to vegetation,
structures, equipment, utilities, or improvements,
including those that are the property of a third party,
resulting from failure to comply with the requirements of
this contract or failure to exercise reasonable care in
performing the work. If the Contractor fails or refuses to
repair the damage promptly, the Contracting Officer may
have the necessary work performed and charge the cost
to the Contractor.
)
17. Temporary Buildings and Transportation of Materials
{a) Temporary buildings (e.g., storage sheds, shops, offices,
sanitary facilities) and utilities may be erected by the
Contractor only with the approval of the Contracting
Officer and shall be built with labor and materials
furnished by the Contractor without expense to the PHA.
The temporary buildings and utilities shall remain the
property of the Contractor and shall be removed by the
Contractor at its expense upon completion of the work.
With the written consent of the Contracting Officer, the
buildings and utilities may be abandoned and need not
be removed.
The Contractor shall, as directed by the Contracting
Officer, use only established roadways, or use temporary
roadways constructed by the Contractor when and as
authorized by the Contracting Officer. When materials are
wansported in prosecuting the work, vehicles shall not be
loaded beyond the loading capacity recommended by the
manufacturer of the vehicle or prescribed by any federal,
state, or local law or regulation. When it is necessary to
()
cross curbs or sidewalks, the Contractor shall protect them
from damage. The Contractor shall repair or pay for the
repair of any damaged curbs, sidewalks, or roads.
18. Clean Air and Water
The contactor shail comply with the Clean Air Act, as
amended, 42 USC 7401 et seq., the Federal Water
Pollution Control Water Act, as amended, 33 U.S.C. 1251
at seq., and standards issued pursuant thereto in the
facilities in which this contract is to be performed.
19. Energy Efficiency
The Contractor shall cornply with mandatory standards
and policies relating to energy efficiency which are
contained in the energy conservation plan issued in
compliance with the Energy Policy and Conservation Act
(Pub.L. 94-163) for the State in which the work under the
contract is performed.
20. Inspection and Acceptance of
(a) Definitions. As used in this clause -
(4) “Acceptance” means the act of an authorized
representative of the PHA by which the PHA approves
and assumes ownership of the work performed under this
contract. Acceptance may be partial or complete.
(2) “Inspection” means examining and testing the work
performed under the contract (including, when
appropriate, raw materials, equipment, components, and
intermediate assemblies) to determine whether it
conforms to contract requiremenis.
(3) “Testing” means that efement of inspection that
determines the properties or elements, including
functional operation of materials, equipment, of their
components, by the application of established scientific
principles and procedures.
(&) The Contractor shall maintain an adequate inspection
system and perform such inspections as will ensure that
‘the work performed under the contract conforms to
contract requirements. All work is subject to PHA
inspection and test at all places and at ali reasonable
times before acceptance to ensure strict compliance with
the terms of the contract.
(c) PHA inspeciions and tests are for the sole benefit of the
PHA and do not: (1) relieve the Contractor of
responsibility for providing adequate quality control
measures; (2) relieve the Contractor of responsibility for
loss or damage of the material before acceptance; (3)
constitute or imply acceptance; or, (4) affect the
continuing rights of the PHA after acceptance of the
completed work under paragraph (j} below.
(d) The presence or absence of the PHA inspector does not
relieve the Contracter from any contract requirement, nor
is the inspector authorized to change any term or
condition of the specifications without the Contracting
Officer's written authorization. All instructions and
approvals with respect to the work shall be given to the
Contractor by the Contracting Officer.
(e) The Contractor shall promptly furnish, without additional
charge, all facilities, labor. and maierial reasonably
needed for performing such safe and convenient
inspections and tests as may be required by the
Contracting Officer. The PHA may charge to the
Contractor any additional cost of inspection or test when
work is not ready at the time specified by the Contractor
for inspection or test, or when prior rejection makes
reinspection or retest necessary. The PHA shall perform
all inspections and tests in a manner that will not
unnecessarily delay the work. Special, full size, and
performance tests shall be performed as described in the
coniract.
Pravious editions are obsolete
Replaces farm HUD-5370-A
Page 7 of 19 form HUD-5370 (1/2014)Jump to an indexed page (88 of 88)