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<br />good order by the Contractor at the site and shall be available to the City.
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<br />4.18.5. The City's review of Photographs or samples shall not relieve the Contractor from their responsibility
<br />for any deviations from the requirements of the Contract Documents unless the Contractor has in
<br />writing called the City's attention to each deviation at the time of submission and the City has given
<br />written approval to the specific deviation, nor shall any review by the City relieve the Contractor from
<br />responsibility for supplying the plant material as specified
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<br />4.19. Public Convenience and Safety: The Contractor shall, at all times, conduct the Work in such a
<br />manner as to insure the least practicable obstruction to public travel. The convenience of the general public
<br />and of the residents along and adjacent to the area of Work shall be provided for in a satisfactory manner,
<br />consistent with the operation and local conditions. During the day, access to private property shall be for
<br />short durations, if at all, and in the evening, access to private property shall always be available.
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<br />4.20. Duty to defend, indemnify and save harmless: In consideration of the separate sum of
<br />twenty-five dollars ($25.00) and other valuable consideration, the Contractor shall defend, indemnify and
<br />save harmless the City, its officers, agents and employees, from or on account of any injuries or damages,
<br />received or sustained by any person or persons during or on account of any operations connected with the
<br />Work described in the Contract Documents, or by or in consequence of any negligence (excluding negligence
<br />of City), in connection with the same; or by use of any improper materials or by or on account of any act or
<br />omission of the said Contractor or his Sub-Contractor, agents, servants or employees. The Contractor will
<br />defend, indemnify and hold harmless the City and their agents or employees from and against all claims,
<br />damages, losses and expenses including attorneys' fees arising out of or resulting from the performance of the
<br />Work, provided that any such claim damage, loss or expense (a) is attributable to bodily injury, sickness,
<br />disease or death, or to injury to or destruction of tangible property (other than Work itself) including the loss
<br />of use resulting wherefrom and (b) is caused in whole or in part by any negligent act or omission of the
<br />Contractor, Sub-Contractor, anyone directly or indirectly employed by any of them or anyone for whose acts
<br />any of them may be liable, regardless of whether or not it is caused by a party indemnified hereunder. In the
<br />event that a court of competent jurisdiction determines that See. 725.06 (2), F.S. is applicable to this Work,
<br />then in lieu of the above provisions of this section the parties agree that Contractor shall indemnify, defend
<br />and hold harmless the City, their officers and employees, to the fullest extent authorized by Sec. 725.06 (2)
<br />F.5., which statutory provisions shall be deemed to be incorporated herein by reference as if fully set forth
<br />herein. In the event that any action or proceeding is brought against City by reason of any such claim or
<br />demand, Contractor, upon written notice from City shall defend such action or proceeding by counsel
<br />satisfactory to City. The indemnification provided above shall obligate Contractor to defend at its own expense
<br />or to provide for such defense, at City's option, any and all claims of liability and all suits and actions of every
<br />name and description that may be brought against City, excluding only those which allege that the injuries
<br />arose out of the sole negligence of City, which may result from the operations and activities under this
<br />Contract whether the Work be performed by Contractor, its Sub-Contractors, or by anyone directly or indirectly
<br />employed by either.
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<br />4.21. City's Responsibility: The City will issue all communications to the Contractor; the City will furnish
<br />the data required of them under the Contract Documents promptly; and the City's duties in respect to
<br />providing lands and easements are set forth in this section.
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<br />4.22. Measurement of Quantities: All work completed under the Contract will be measured by the City
<br />according to the United States Standard Measures. All linear surface measurements will be made horizontally
<br />or vertically as required by the item measured.
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<br />4.23. Rejecting Defective Work: The City will have authority to disapprove or reject Work which is
<br />"defective" (which term is hereinafter used to describe Work that is unsatisfactory, faulty or defective, or does
<br />not conform to the requirements of the Contract Documents or does not meet the requirements of any
<br />inspection, test or approval referred to in Special Condition, or has been damaged prior to final acceptance).
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<br />PAGE 17 OF 96
<br />BID No.
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