R2003-170 AUTHORIZING WATER MAIN AGREEMENT

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EXHIBIT F HUD GENERAL TERMS AND CONDITIONS (Adapted from HUD Form 5370(4 2002)to include only applicable provisions) Conduct of Work 1. Definitions. Defined terms used in this Exhibit shall have the meaning given below and are distinct from defined terms appearing elsewhere in this Agreement. (a) "Contracting O�cer" means the person delegated the authority by the PHA to enter into, administer, and/or ternunate this contract and designated as such in writing to the Contractor. The term includes any successor Contracring Officer and any duly authorized representative of the Contracting Officer also designated in writing. The Contracting Officer shall be deemed the authorized agent of the PHA in all dealings with the Contractor. (b) "Contractor"means the Developer. (c) "HUD" means the United States of America acting through the Departxnent of Housing and Urban Development including the Secretary, or any other person designated to act on its behal£ HUD has agreed, subject to the provisions of an Annual Contributions Con�act (ACC), to provide financial assistance to the PHA, which includes assistance in financing the work to be performed under this contract. As defined elsewhere in these General Condirions or the contract documents,the deternunation of HiJD may be required to authorize changes in the work or for release of funds to the PHA for payment to the Contractor. Notwithstanding HUD's role, nothing in this contract shall be construed to create any contractual relationship between the Contractor and HUD. (d) "Project"means the entire project, whether construction or rehabilitation,the work for which is provided for in whole or in part under this contract. (e) "PHA" means the Public Housing Agency organized under applicable state laws, which is a party to this contract. 2. Health,Safety,and Accident Prevention (a) In performing this contract,the Contractor shall: (1) Ensure that no laborer or mechanic shall be required to work in surroundings or under working conditions which are unsanitary, hazardous, or dangerous to his/her health and/or safety as determined under construction safety and health standards promulgated by the Secretary of Labor by regularion; (2) Protect the lives,health,and safety of other persons; (3) Prevent damage to property,materials,supplies,and equipment;and, (4) Avoid work interruptions. (b) For these purposes,the Contractor shall: (1) Comply with regulations and standards issued by the Secretary of Labor at 29 CFR Part 1926. Failure to comply may result in irnposition of sanctions pursuant to the Contract Work Hours and Safety Standards Act(Public Law 91-54, 83 Stat. 96),40 U.S.C.327 et seq.;and, (2) Include the terms of this clause in every subcontract so that such terms will be binding on each subcontractor. (c) The Contractor shall maintain an accurate record of exposure data on all accidents incident to work performed under tlris contract resulting in death, traumatic injury, occuparional disease, or damage to property, materials, supplies,or equipment,and shall report this data in the manner prescribed by 29 CFR Part 1904. (d) The Contracting Officer shall norify the Contractor of any noncompliance with these requirements and of the corrective acrion required. This notice, when delivered to the Contractor or the Contractor's representative at the site of the work, shall be deemed sufficient norice of the noncompliance and correcrive action required. After receiving the norice, the Contractor shall immediately take corrective action. If the Contractor fails or refuses to take correcrive action promptly,the Contracting Officer may issue an order stopping all or part of the work until satisfactory correcrive acrion has been taken. The Contractor shall not base any claim or request for equitable adjustment for addirional time or money on any stop order issued under these circumstances. (e) The Contractor shall be responsible for its subcontractors' compliance with the provisions of this clause. The 25 Doc#:CHI01 (239130-00107)50130735v3;08/12/2003/Time:10:48