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<br />Vendor on the Project proves to be incompetent or
<br />otherwise unsatisfactory; they shall be promptly
<br />replaced by the Vendor if and when directed by the
<br />City in writing.
<br />
<br />1.45 Laws and Regulations: The Vendor will give all notices
<br />and comply with all laws, ordinances, rules and regulations
<br />applicable to the Work. If the Vendor observes that the
<br />Specifications are at variance therewith, they will give the City
<br />prompt written notice thereof, and any necessary changes shall
<br />be adjusted by an appropriate modification. If the Vendor
<br />performs any Work knowing it to be contrary to such laws,
<br />ordinances, rules and regulations, and without such notice to
<br />the City, they will bear all costs arising wherefrom.
<br />
<br />1.46 Taxes: The City of Sunny Isles Beach is exempt from
<br />sales tax imposed by the State and/or Federal Government.
<br />Florida Sales Tax Exemption No. 23-00-477131-54C appears on
<br />each purchase order, Exemption certificates are available upon
<br />request.
<br />
<br />1.47 Safety and Protection: The Vendor will be responsible
<br />for initiating, maintaining and supervising all safety precautions
<br />and programs in connection with the Work. They will take all
<br />necessary precautions for the safety of, and will provide the
<br />necessary protection to prevent damage, injury or loss to:
<br />
<br />1.47.1. All employees and other persons who may be
<br />affected thereby;
<br />
<br />1.47.2. All the Work and all materials or equipment to be
<br />incorporated therein, whether in storage on or off the site;
<br />
<br />1.47.3. Other property at the site or adjacent thereto,
<br />including trees, shrubs, lawns, walks, pavements,
<br />roadways, structures and utilities not designated for
<br />removal, relocation or replacement in the course of
<br />construction; and
<br />
<br />1.47.4. The Vendor will designate a responsible member of
<br />their organization at the site whose duty shall be the
<br />prevention of accidents. This person shall be the
<br />Vendor's Superintendent unless otherwise designated
<br />in writing by the Vendor to the City.
<br />
<br />1.48 Emergencies: In emergencies affecting the safety
<br />of persons or the Work or property at the site or adjacent
<br />thereto, the Vendor, without special instruction or authorization
<br />from the City, is obligated to act, at their discretion, to prevent
<br />threatened damage, injury or loss. They will give the City
<br />prompt written notice of any significant changes in the Work or
<br />deviations from the Contract Documents caused thereby. If the
<br />Vendor believes that additional Work done by them in an
<br />emergency which arose from causes beyond their control
<br />entitles them to an increase in the Contract Price or an
<br />extension of the Contract Time, they may make a claim
<br />therefore as provided in this document.
<br />
<br />1.48.1. The Vendor will also submit to the City for review,
<br />with such promptness as to cause no delay in Work,
<br />all samples and photographs required by the
<br />Contract Documents, All samples and photographs
<br />will have been checked by and stamped with the
<br />approval of the Vendor, identified clearly as to
<br />material, manufacturer, any pertinent catalog
<br />numbers and the use for which intended.
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<br />BID No. 11-05-02
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<br />1.48.2. At the time of each submission, the Vendor will in
<br />writing call the City's attention to any deviations that
<br />the photographs or sample may have from the
<br />requirements of the Contract Documents.
<br />
<br />1.48.3. The City will review with responsible promptness
<br />Photographs and Samples, but their review shall be
<br />only for conformance with the design concept of the
<br />Project and for compliance with the information
<br />given in the Contract Documents. The Vendor will
<br />make any corrections required by the City and will
<br />return the required number of corrected copies of
<br />Photographs and resubmit new samples until the
<br />review is satisfactory to the City.
<br />
<br />1.48.4. No Work requiring a Photograph or sample
<br />submission shall be commenced until the submission
<br />has been reviewed by the City. A copy of each
<br />Photograph and each approved sample shall be kept
<br />in good order by the Vendor at the site and shall be
<br />available to the City.
<br />
<br />1.48.5. The City's review of Photographs or samples shall
<br />not relieve the Vendor from their responsibility for
<br />any deviations from the requirements of the
<br />Contract Documents unless the Vendor has in
<br />writing called the City's attention to each deviation
<br />at the time of submission and the City has given
<br />written approval to the specific deviation, nor shall
<br />any review by the City relieve the Vendor from
<br />responsibility for supplying the plant material as
<br />specified
<br />
<br />1.49.
<br />
<br />Public Convenience and Safety: The Vendor
<br />shall, at all times, conduct the Work in such a manner
<br />as to insure the least practicable obstruction to public
<br />travel. The convenience of the general public and of
<br />the residents along and adjacent to the area of Work
<br />shall be provided for in a satisfactory manner,
<br />consistent with the operation and local conditions.
<br />During the day, access to private property shall be for
<br />short durations, if at all, and in the evening, access to
<br />private property shall always be available.
<br />
<br />1.50
<br />
<br />Duty to defend, indemnify and save harmless:
<br />In consideration of the separate sum of twenty-five
<br />dollars ($25.00) and other valuable consideration,
<br />the Vendor shall defend, indemnify and save
<br />harmless the City, its officers, agents and employees,
<br />from or on account of any injuries or damages,
<br />received or sustained by any person or persons
<br />during or on account of any operations connected
<br />with the Work described in the Contract Documents,
<br />or by or in consequence of any negligence in
<br />connection with the same; or by use of any improper
<br />materials or by or on account of any act or omission
<br />of the said Vendor or his Sub-Vendor, agents,
<br />servants or employees. The Vendor will defend,
<br />indemnify and hold harmless the City and their
<br />agents or employees from and against all claims,
<br />damages, losses and expenses including attorneys'
<br />fees arising out of or resulting from the performance
<br />of the Work, provided that any such claim damage,
<br />loss or expense (a) is attributable to bodily injury,
<br />sickness, disease or death, or to injury to or
<br />destruction of tangible property (other than Work
<br />itself) including the loss of use resulting wherefrom
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