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Marshall Courts Phase VII demolition — September 2024 invitation for bids

Text from the approved public copy. Page numbers follow the PDF sequence.

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-- eee () The PHA may conduct routine inspections of the construction site on a daily basis. (g) The Contractor shall, without charge, replace or correct work found by the PHA not to conform to contract requirements, unless the PHA decides that it is in its interest to accept the work with an appropriate adjustment in contract price. The Contractor shall promptly segregate and remove rejected material from the premises. (h) Ifthe Contractor does not promplly replace or correct rejected work, the PHA may (1) by contract or othenwise, replace or correct the work and charge the cost to the Contractor, or (2) terminate for default the Contractor's right to proceed. () If any work requiring inspection is covered up without ap- proval of the PHA, it must, if requested by the Contracting Officer, be uncovered at the expense of the Contractor. If at any time before final acceptance of the entire work, the Construction PHA considers it necessary or advisable, to examine work already completed by removing or tearing it out, the Contractor, shall on request, promptly fumish all necessary facilities, labor, and material. If such work is found to be defective or nonconforming in any material respect due to the fault of the Contractor or its subcontractors, the Contractor shall defray all the expenses of the examination and of satisfactory reconstruction. If, however, such work is found to meet the requirements of the contract, the Contracting Officer shall make an equitable adjustment to cover the cost of the exemination and reconstruction, including, if completion of the work was thereby delayed, an extension of time. @ The Contractor shall notify the Contracting Officer, in writing, as to the date when in its opinion all ora designated portion of the work will be substantially completed and ready for inspection. If the Architect determines that the state of preparedness is as represented, the PHA will promptly arrange for the inspection. Unless otherwise specified in the contract, the PHA shall accept, as soon as practicable after completion and inspection, all work required by the contract or that portion of the work the Contracting Officer determines and designates can be accepted separately. Acceptance shall be final and conclusive except for latent defects, fraud, gross mistakes amounting to fraud, or the PHA's right under any warranty or guarantee. 21. Use and Possession Prior to Completion (2) The PHA shall have the right to take possession of or use any completed or partially completed part of the work. Before taking possession of or using any work, the Contracting Officer shall furnish the Contractor a list of items of work remaining to be performed or corrected on those portions of the work that the PHA intends to take possession of or use. However, failure of the Contracting Officer to list any item of work shall not relieve the Contractor of responsibility for complying with the terms of the contract. The PHA’s possession or use shall not be deemed an acceptance of any work under the contract. (b) While the PHA has such possession or use, the Contractor shall be relieved of the responsibility for (1) the loss of or damage to the work resulting from the PHA's possession or use, notwithstanding the terms of the clause entitled Permits and Codes herein; (2) all maintenance costs on the areas occupied; and, (3) furnishing heat, light, power, and water used in the areas is editions are obsolete Replaces form HUD-5370-A, occupied without proper remuneration therefore. If prior possession or use by the PHA delays the progress of the work or causes additional expense to the Contractor, an equitable adjustment shall be made in the contract price or the time of completion, and the contract shall be modified in writing accordingly. 22. Warranty of Title The Contractor warrants good title to all materials, supplies, and equipment incorporated in the work and agrees to deliver the premises together with all improvements thereon free from any claims, liens or charges, and agrees further that neither it nor any other person, firm or corporation shalll have any right to a lien upon the premises or anything appurtenant thereto. 23. Warranty of (2) In addition to any other warranties in this contract, the Contractor warrants, except as provided in paragraph () of this clause, that work performed under this contract conforms to the contract requirements and is free of any defect in equipment, material, or workmanship performed by the Contractor or any subcontractor or supplier at any tier. This warranty shall continue for a period of (one year unless otherwise indicated) from the date of final acceptance of the work. If the PHA takes possession of any part of the work before final acceptance, this warranty shall continue for a period of (one year unless otherwise indicated) from the date that the PHA takes possession. (b) The Contractor shail remedy, at the Contractor's expense, any failure to conform, or any defect. In addition, the Contractor shall remedy, at the Contractor's expense, any damage to PHA-owned or controlled real or personal property when the damage is the result of — (1) The Contractor's failure to conform to contract require- merits; or (2) Any defects of equipment, material, worktnanship or design fumished by the Contractor. (©) The Contractor shall restore any work damaged in fulfilling the terms and conditions of this clause. The Contractor's warranty with respect to work repaired or replaced will run for (one year unless otherwise indicated) from the date of repair or replacement. (d) The Contracting Officer shall notify the Contractor, in writing, within 4 reasonable time after the discovery of any failure, defect or damage. (€) If the Contractor fails to remedy any failure, defect, or damage within a reasonable time after receipt of notice, the PHA shall have the right to replace, repair or otherwise remedy the failure, defect, or damage at the Contractor's expense. (f) With respect to all warranties, express or implied, from subcontractors, manufacturers, or suppliers for work performed and materials furnished under this contract, the Contractor shall: (1) Obtain all warranties that would be given in normal commercial practice; (2) Require all warranties to be executed in writing, for the benefit of the PHA; and, (3) Enforce all warranties for the benefit of the PHA. (9) In the event the Contractor's warranty under paragraph (2) of this clause has expired, the PHA may bring suit at its own expense to enforce a subcontractor’s, manutacturer’s or supplier’s warranty. Page 8 of 19 form HUD-5370 (1/2014)
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