Reso 2010-1605 - Laserfiche WebLink

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.2 the availability of labor, materials, equipment, water, electrical power, utilities and roads; .3 uncertainties of weather, flooding and similar characteristics of the site; .4 conditions bearing upon security and protection of material, equipment, and Work in progress; .5 the form and nature of the Work site, including the surface conditions; .6 the extent and nature of Work and materials necessary for the execution of the Work and the remedying of any defects therein; and .7 the means of access to the site and the accommodations it may require and, in general, shall be deemed to have obtained all information as to risks, contingencies and other circumstances. The City assumes no responsibility or liability for the physical condition or safety of the Work site or any improvements located on the Work site. The Contractor shall be solely responsible for providing a safe place for the performance of the Work. The City shall not be required to make any adjustment in either the Contract Amount or Contract Time concerning any failure by the Contractor or any Subcontractor to comply with the requirements of this Paragraph. 1.3 Required Provisions Deemed Inserted 1.3.1 Each and every provision of law and clause required by law to be inserted in the Contract shall be deemed to be inserted therein, and the Contract shall be read and enforced as though it were included therein; and if through mistake or otherwise any such provision is not inserted, or is not correctly inserted, then upon the written application of either party the Contract shall forthwith be physically amended to make such insertion or correction. PROVISION 2 CITY 2.1 City's Right to Carry Out the Work 2.1.1 If the Contractor defaults or neglects to carry out the Work in accordance with the Contract Documents, and fails within a seven (7) day period after receipt of a written notice from the City to correct such default or neglect, the City may, without prejudice to other remedies the City may have, correct such default or neglect. In such case, an appropriate Change Order shall be issued deducting from payments then or thereafter due the Contractor the cost of correcting such deficiencies, including compensation for the NE's additional services and expenses made necessary by such default or neglect. If payments then or thereafter due the Contractor are not sufficient to cover such amounts, the Contractor shall pay the difference to City. 2.1.2 In the event the Contractor has not satisfactorily completed all items on the Punch List within thirty (30) days of its receipt, or by the Final Completion Date, whichever is latest, the City reserves the right to complete the Punch List without further notice to the Contractor or its surety. In such case, City shall be entitled to deduct from payments then or thereafter due the ~ '" 6