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City of Sunny Isles Beach |Request for Proposal No. 14‐10‐01 13 The successful Proposer shall comply with all federal, state and local ordinances, regulations, rules and permits as well as any other laws that would apply to the services being provided. The proposer’s costs associated with regulatory requirements shall be included in the project cost whether depicted specifically or not within the body of the proposal. 2.15 MATERIALS SHALL BE NEW AND WARRANTED AGAINST DEFECTS The proposer hereby acknowledges and agrees that all materials, except where recycled content is specifically requested, supplied by the proposer in conjunction with this solicitation and resultant contract shall be new, warranted for their merchantability, and fit for a particular purpose. In the event any of the materials supplied to the City by the proposer are found to be defective or do not conform to specifications: (1) the materials may be returned to the proposer at the proposer’s expense and the contract cancelled or (2) the City may require the proposer to replace the materials at the proposer’s expense. No provisions or allotments for delays or time extensions to the schedule as a result of “defective”, unacceptable material, or reused material found shall be granted. In the event that material is suspected by the City Representative of being reused or not new in original packaging, the material may be rejected. The Proposer shall remove such material and replace it at his/her cost and within the original schedule. No provisions or allotments for delays or time extensions to the schedule as a result of “defective”, unacceptable material, or reused material found shall be granted. 2.16 NOTIFICATION TO BEGIN WORK SHALL BE GIVEN THROUGH A NOTICE TO PROCEED: The proposer shall neither commence any work, nor enter a City work premise, until a written Notice to Proceed (NTP) directing the proposer to proceed with the work has been received by the proposer from any authorized City manager or his designee representative; provided however, that such notification shall be superseded by any emergency work that may be required in accordance with provisions included elsewhere in this solicitation and resultant contract. In addition to the written NTP, the Contractor must supply the City with the required insurance and bond documents. 2.17 ACCIDENT PREVENTION AND BARRICADES Barricades, cones, construction fencing, temporary construction fencing and off duty police officers, per City regulations and other relevant requirements, shall be provided by the proposer when work is performed in areas traversed by persons or when deemed necessary by the City Manager or his designee at no extra cost to the City. Proposer shall comply with regulations and permit requirements for the placement of the proper fencing. Precautions shall be exercised at all times for the protection of persons and property. All proposers performing services under this contract shall conform to all relevant OSHA, State and City regulations during the course of such effort. Any fines levied by the above mentioned authorities for failure to comply with these requirements shall be borne solely by the responsible proposer. 2.18 WARRANTY SHALL BE SUPPLIED IN WRITTEN FORM