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