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per occurrence to protect the Contractor and each
subcontractor against claims for bodily injury or death
and damage to the property of others. This shall cover
the use of all equipment, hoists, and vehicles
on the site(s) not covered by Automobile Liability
under (3) below. If the Contractor has a "claims made”
policy, then the following additional requirements
apply: the policy must provide a “retroactive date”
which must be on or before the
execution date of the Contract; and the extended
reporting period may not be less than five years
following the completion date of the Contract.
(3) Automobile Liability on owned and non -owned moter
vehicles used on the site(s) or in connection therewith
for a combined single limit for bodily injury and
property damage of not less than $
[Contracting Officer insert amount] per occurrence.
(b) Before commencing work, the Contractor shall furnish the
PHA with a certificate of insurance evidencing that
Builder's Risk (fire and extended covera: e) Insurance on
all work in place and/or materials stored at the building
site(s), including foundations and building equipment, is
in force. The Builder's Risk Insurance shall be for the
benefit of the Contractor and the PHA as their interests
appear and each shall be named in the policy or
policies as an insured. The Contractor in installing
equipment supplied by the PHA shall carry insurance on
such equipment from ihe time the Contractor takes
possession thereof until the Contract work is accepted by
the PHA. The Builder's Risk Insurance need not be
carried on excavations, piers, footings, or foundations
until such time as work on the superstructure is started. It
need not be carried on landscape work. Policies shall
furnish coverage at all times for the full cash value of all
completed construction, as well as materials in place
and/or stored at the site(s), whether or not partial
payment has been rade by the PHA. The Contractor
may terminate this insurance on buildings as of the date
taken over for occupancy by the PHA. The Contractor is
not required to carry Builder's Risk Insurance for
modernization work which does not involve structural
alterations or additions and where the PHA’s existing fire
and extended coverage policy can be endorsed to
include such work.
(c) All insurance shall be carried with companies which are
financially responsible and admitted to do business in the
State in which the project is located. If any such
insurance is due io expire during the construction period,
the Contractor (including subcontractors, as applicable)
shall not permit the coverage to lapse and shall furnish
evidence of coverage to the Contracting Officer. All
certificates of insurance, as evidence of coverage, shall
provide that no coverage may be canceled or non-
renewed by the insurance company uniil at least 30 days
prior written notice has been given to the Contracting
Officer.
(2) “Subcontractor” means any supplier, vendor, or firm
that furnishes supplies, materials, equipment, or
services to or for the Contractor or another
subcontractor.
(b) The Contractor shall not enter into any subcontract with
any subconiractor who has been temporarily denied
participation in a HUD program or who has been
suspended or debarred from participating in contracting
programs by any agency of the United States
Government or of the state in which the work under this
contract is to be performed.
(c) The Contractor shall be as fully responsible for the acts or
omissions of its subcontractors, and of persons either
direcily or indirectly employed by them as for the acts or
amissions of persons directly employed by the
Contractor.
({d) The Contractor shall insert appropriate clauses in all
subcontracts to bind subcontractors to the terms and
conditions of this contract insofar as they are applicable
to the work of subcontractors.
(e) Nothing contained in this contract shall create any
contractual relationship between any subcontractor and
the PHA or between the subcontractor and HUD.
38. Subcontracting with Small and Minority Firm:
Women's Business Enterprise, Minarty fin Surplus
Area Firms
The Contractor shall take the following steps to ensure
that, whenever possible, subcontracts are awarded to
small business firms, minority firms, women’s business
enterprises, and labor surplus area firms:
(@) Placing quelified small and minority businesses and
women’s business enterprises on Solicitation lists;
(b) Ensuring that small and minority businesses and
women’s business enterprises are solicited whenever they
are potential sources;
(c) Dividing total requirements, when economically feasible,
into smaller tasks or quantities to permit maximum
participation by small and minority businesses and women's
business enterprises:
(d) Establishing delivery schedules, where the requirements
of the contract permit, which encourage participation by small
and minority businesses and women’s business enterprises;
and
(€) Using the services and assistance of the U.S. Small
Business Administration, the Minority Business
Development Agency of the U.S. Department of
Commerce, and State and local governmental small
business agencies.
39. Equal Employment Opportunity
During the performance of this contract, the Contractor/
Seller agrees as follows:
(@) The Contractor/Seller shail not discriminate against any
employee or applicant for employment because of of race color,
religion, sex, sexual orientation, gender identity, disability, or
37. Subcontracts national origin.
(b) The Contractor/Seller shail take affirmative action to
ensure that applicants are employed, and that employees
are treated during employment without regard to their race,
color, religion, sex, sexual orientation, gender identity,
disability, or nationat origin. Such action shall
include, but not be limited to, (1) employment, (2) upgrading
demotion, (4) transfer, (5) recruitment or
recruitment advertising, (6) layoff or termination, (7)
rates of pay or other forms of compensation, and (8)
selection for training including apprenticeship
form HUD-5370 (4/2014)
(a) Definitions. As used in this contract -
(1) “Subcontract” means any contract, purchase order, or
other purchase agreement, including modifications and
change orders to the foregoing, entered into by a
subcontractor to furnish supplies, materials,
equipment, and services for the performance of the
prime contract or a subcontract.
Previous editions are obsolete
Pago 13 of 19
Replaces form HUD-5370-A.Jump to an indexed page (88 of 88)