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materials. No funds payable under this Agreement shall become due and payable, if the City so
<br />elects, until Contractor shall satisfy the City that it has fully settled or paid for all materials,
<br />supplies, parts and equipment used in or upon the Work and labor done in connection therewith.
<br />The City may pay any or all such claims or bills, wholly or in part, and deduct the amount or
<br />amounts so paid from any funds due Contractor. In the event the surety on any contract,
<br />performance bond, labor and materials payment bond, or warranty bond given by Contractor
<br />becomes insolvent, or is placed in the hands of a receiver, or has its right to do business in the
<br />state revoked, the City, may withhold payment of funds due Contractor until Contractor has
<br />provided a bond or other security to the satisfaction of the City in lieu of the bond so executed by
<br />such surety.
<br />9. Observation of All Laws; Site Conditions. a. Contractor represents that it is
<br />familiar with all laws, codes, ordinances, and regulations which in any manner affect those
<br />engaged or employed in the Work or the materials, supplies, parts or equipment used in or upon
<br />the site, or in any way affecting the Work. No pleas or claims of misunderstanding or ignorance
<br />by Contractor shall in any way serve to modify the provisions of the Agreement or constitute the
<br />basis for any claim of adjustment in the price of the Work. Contractor shall at all times observe
<br />and comply with all federal, state, county, local, and municipal laws, codes, ordinances, and
<br />regulations in any manner affecting the conduct of the Work.
<br />b. Contractor further agrees and represents that it has been given the opportunity to
<br />inspect and investigate the sites and requirements for completion of the Work and has fully
<br />satisfied itself that all conditions that may affect cost, permitting, progress, performance or
<br />furnishing of the Work, including without limitation surface and subsurface soils and
<br />geotechnical conditions, have been taken into consideration in the price set forth in Section 1.
<br />Further, Contractor agrees that as the Work is a design -build project, Contractor alone assumes
<br />all responsibility for properly researching the existing conditions. Therefore, Contractor agrees
<br />that no change orders respecting site conditions or other existing conditions will be required to
<br />install an operational system as specified, and Contractor agrees that no pleas or claims of
<br />misunderstanding or ignorance by Contractor respecting site conditions or other existing
<br />conditions shall in any way serve to modify the provisions of the Agreement or constitute the
<br />basis of any requested change order or claim for adjustment of the price of the Work.
<br />10. Contractor's Responsibility for Work. Until the final acceptance of the Work
<br />by the City in writing, Contractor shall have the charge and care thereof, and shall take every
<br />necessary precaution against injury or damage to any part thereof by the effects of the elements
<br />or from any other cause. Contractor, at its own expense, shall rebuild, repair, restore, and correct
<br />all injuries or damages to any portion of the Work occasioned by any causes before its
<br />completion and acceptance. In case of suspension of Work from any cause whatsoever,
<br />Contractor shall be responsible for all materials and shall properly store same, if necessary and,
<br />if on site, in locations designated by the City, and shall provide suitable drainage, barricades, and
<br />warning signs where necessary. Contractor shall correct or replace, at its own expense and as
<br />required by City, any materials, supplies or parts which may be destroyed, lost, damaged, or in
<br />any way made useless for the purpose and use intended prior to -final acceptance of the Work, or
<br />portions thereof. Contractor shall be relieved of the responsibilities provided in this Section
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