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Material delivered to the Contractor at locations other than
the site may also be taken into consideration if the
Contractor furnishes satisfactory evidence that (1) it has
acquired title to such material; (2) the material is properly
stored in a bonded warehouse, storage yard, or similar
suitable place as may be approved by the Contracting
Officer; (3) the material is insured to cover its full value;
and (4) the material will be used to perform this contract.
Before any progress payment which includes delivered
material is made, the Contractor shall furnish such
documentation as the Contracting Officer may require to
assure the protection of the PHA’s interest in such
materials. The Coniractor shall remain responsible for
such stored material notwithstanding the transfer of title
to the PHA.
(h) All material and work covered by progress payments
made shall, at the time of payment become the sole
property of the PHA, but this shall not be construed as (1)
relieving the Contractor from the sole responsibility for all
material and work upon which payments have been made
or the restoration of any damaged work; or, (2) waiving the
right of the PHA to require the fulfillment of all of the terms
of the contract. In the event the work of the Contractor has
been damaged by other contractors or persons other than
employees of the PHA in the course of their employment,
the Contractor shall restore such damaged work without
cost to the PHA and to seek redress for its damage only
from those who directly
caused it.
() The PHA shall make the final payment due the Contractor
under this contract after (1) completion and final
acceptance of all work; and (2) presentation of release of
all claims against the PHA arising by virtue of this contract,
other than claims, in stated amounts, that the Contractor
has specifically excepted from the operation of the release.
Each such exception shall embrace no more than one
claim, the basis and scope of which shalll be clearly
defined. The amounts for such excepted claims shall not
be included in the request for final payment. A release may
also be required of the assignee if the Contractor's claim to
amounts payable under this contract
has been assigned.
@) Prior to making any payment, the Contracting Officer may
require the Contractor to furnish receipts or other
evidence of payment from all persons performing work
and supplying material to the Contractor, if the
Contracting Officer determines such evidence is
necessary to substantiate claimed costs.
(k) The PHA shall not; (1) determine or adjust any claims for
payment or disputes arising there under between the
Contractor and its subcontractors or material suppliers;
or, (2) withhold any moneys for the protection of the
subcontractors or material suppliers. The failure or
refusal of the PHA to withhold moneys from the
Contractor shall in nowise impair the obligations of any
surety or sureties under any bonds fumished under this
contract.
28. Contract Modifications
(2) Only the Contracting Officer has authority to modify any
term or condition of this contract. Any contract
modification shall be authorized in writing.
(b) The Contracting Officer may modify the contract
unilaterally (1) pursuant to a specific authorization stated
ina contract clause (e.g., Changes); or (2) for
administrative matters which do not change the rights or
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Previous editions are obsolete
Replaces form HUD-5370-A
responsibilities of the parties (e.g., change in the PHA
address). All other contract modifications shall be in the
form of supplemental agreements signed by the
Contractor and the Contracting Officer.
(c) When a proposed modification requires the approval of
HUD prior to its issuance (e.g., a change order that
exceeds the PHA’s approved threshold), such
modification shall not be effective until the required
approval is received by the PHA.
29. Changes
(a) The Contracting Officer may, at any time, without notice
to the sureties, by written order designated or indicated
to be a change order, make changes in the work within
the general scope of the contract including changes:
(1) In the specifications (including drawings and designs);
(2) In the method or manner of performance of the work:
(3) PHAfumished facilities, equipment, materials,
services, or site; or,
(4) Directing the acceleration in the performance of the
work.
(b) Any other written order or oral order (which, as used in
this paragraph (b), includes direction, instruction,
interpretation, or determination) from the Contracting
Officer that causes a change shall be treated as a
change order under this clause; provided, that the
Contractor gives the Contracting Officer written notice
stating (1) the date, circumstances and source of the
order and (2) that the Contractor regards the order as a
change order.
{c) Except as provided in this clause, no order, statement or
conduct of the Contracting Officer shall be treated as a
change under this clause or entitle the Contractor to an
equitable adjustment.
(@) If any change under this clause causes an increase or
decrease in the Contractor's cost of, or the time required
for the performance of any part of the work under this,
contract, whether or not changed by any such order, the
Contracting Officer shall make an equitable adjustment
and modify the contract in writing. However, except for a
adjustment based on defective specifications, no proposal
for any change under paragraph (b) above shall be
allowed for any costs incurred more than 20 days (5 days
for oral orders) before the Contractor gives written notice
as required. In the case of defective specifications for
which the PHA is responsible, the equitable adjustment
shall include any increased cost reasonably incurred by
the Contractor in attempting to comply with
the defective specifications.
(€) The Contractor must assert its right to an adjustment
under this clause within 30 days after (1) receipt of a
written change order under paragraph (a) of this clause,
or (2) the furnishing of a written notice under paragraph
(b) of this clause, by submitting a written statement
describing the general nature and the amount of the
proposal. If the facts justify it, the Contracting Officer may
extend the period for submission. The proposal may be
included in the notice required under paragraph (b)
above. No proposal by the Contractor for an equitable
adjustment shall be allowed if asserted after final
paymeni under this contract.
(f) The Contractor's written proposal for equitable
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adjustment shall be submitted in the form of a lump sum
proposal supported with an itemized breakdown of all
increases and decreases in the contract in at least the
following details:
form HUD-5370 (1/2014)Jump to an indexed page (88 of 88)