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(h) Unless a defect is caused by the negligence of the
Contractor or subcontractor or supplier at any tier, the
Contractor shall not be liable for the repair of any defect of
material or design furnished by the PHA nor for the repair
of any damage that results from any defect in PHA
furnished material or design.
(i) Notwithstanding any provisions herein to the contrary, the
establishment of the time periods in paragraphs (a) and
(c) above relate only to the specific obligation of the
Contractor to correct the work, and have no relationship
to the time within which its obligation to comply with the
contract may be sought to be enforced, nor to the time
within which proceedings may be commenced to
establish the Contractor's liability with respect to its
obligation other than specifically to correct the work.
@) This warranty shail not limit the PHA’s rights under the
Inspection and Acceptance of Construction clause of this
contract with respect to latent defecis, gross mistakes or
fraud.
24. Prohibition Against Liens
The Contractor is prohibited from placing a lien on the
PHA’s property. This prohibition shall apply to all
subcontractors at any tier and all materials suppliers.
25. Contract Period
this contract within 365 calendar days of the effective
date of the contract, or within the time schedule
established in the notice to proceed issued by the
Contracting Officer.
26. Order of Provisions
In the event of a conflict between these General
Conditions and the Specifications, the General
Conditions shall prevail. In the event of a conflict between
the contract and any applicable state or local taw or
regulation, the state or local law or regulation shall
prevail; provided that such state or local law or regulation
does not conflict with, or is less restrictive than applicable
federal law, regulation, or Executive Order. In the event of
such a conilict, applicable federa! law, regulation, and
Executive Order shall prevail.
27. Payments
(@) The PHA shall pay the Contractor the price as provided in
this contract.
(b) The PHA shall make progress payments approximately
every 30 days as the work proceeds, on estimates of
work accomplished which meets the standards of quality
established under the contract, as approved by the
Contracting Officer. The PHA may, subject to written
determination and approval of the Contracting Officer,
make more frequent payments to contractors which are
qualified small businesses.
(c) Before the first progress payment under this contract, the
Contractor shall furnish, in such detail as requested by
‘the Contracting Officer, a breakdown of the total contract
price showing the amount included therein for each
principal category of the work, which shail substantiate
the payment amount requested in order to provide a
Previous editions are obsolete
Replaces form HUD-5370-A
basis for determining progress payments. The breakdown
shalt be approved by the Contracting Officer and must be
acceptable to HUD. If the contract covers more than one
project, the Contractor shall furnish a separate
breakdown for each. The values and quantities employed
in making up this breakdown are for determining the
amount of progress payments and shall not be construed
as a basis for additions to or deductions from the contract
price. The Contractor shall prorate its overhead and profit
over the construction period of the contract.
(a) The Contractor shall submit, on forms provided by the
PHA, periodic estimates showing the value of the work
performed during each period based upon the approved
submitted not later than 30 ___ days in advance of
the date set for payment and are subject to correction and
revision as required. The estimates must be approved by
the Contracting Officer with the concurrence of the
Architect prior io payment. If the contract covers more
than one project, the Contractor shall furnish a
separate progress payment estimate for each.
{e) Along with each request for progress payments and the
required estimates, the Contractor shall furnish the
following certification, or payment shall not be made: |
hereby certify, to the best of my knowledge and belief,
that
(1) The amounts requested are only for performance in
accordance with the specifications, terms, and
conditions of the contract;
(2) Payments to subcontractors and suppliers have been
made from previous payments received under the
contract, and timely payments will be made from the
Proceeds of the payment covered by this certification,
in accordance with subcontract agreements; and,
(3) This request for progress payments does not include
any amounts which the prime contractor intends to
withhold or retain from a subcontractor or supplier in
accordance with the terms and conditions of the
subcontract.
Name:
Title:
Date:
() Except as otherwise provided in State law, the PHA shall
retain ten (10) percent of the amount of progress
payments until completion and acceptance of all work
under the contract; except, that if upon completion of 50
percent of the work, the Contracting Officer, after
consulting with the Architect, determines that the
Contractor's performance and progress are satisfactory,
the PHA may make the remaining payments in full for the
work subsequently completed. If the Contracting Officer
subsequently determines that the Contractor's
performance and progress are unsatisfactory, the PHA
shall reinstate the ten (10) percent (or other percentage
as provided in State law) retainage until such time as the
Contracting Officer determines that performance and
progress are satisfactory.
(9) The Contracting Officer may authorize material delivered
‘on the site and preparatory work done to be taken into
consideration when computing progress payments.
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