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1.44.6.2. The City will not undertake to settle
<br />any differences between the Contractor and their
<br />Sub - Contractors or between Sub - Contractors.
<br />1.44.6.3. If in the opinion of the City, any Sub -
<br />Contractor on the Project proves to be incompetent
<br />or otherwise unsatisfactory; they shall be promptly
<br />replaced by the Contractor if and when directed by
<br />the City in writing.
<br />1.45 Laws and Regulations: The Contractor will give all
<br />notices and comply with all laws, ordinances, rules and
<br />regulations applicable to the Work. If the Contractor observes
<br />that the Specifications are at variance therewith, they will give
<br />the City prompt written notice thereof, and any necessary
<br />changes shall be adjusted by an appropriate modification. If
<br />the Contractor performs any Work knowing it to be contrary to
<br />such laws, ordinances, rules and regulations, and without such
<br />notice to the City, they will bear all costs arising wherefrom.
<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 />1.47 Safety and Protection: The Contractor 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 />1.47.1. All employees and other persons who may be
<br />affected thereby;
<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 />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 />1.47.4. The Contractor will designate a responsible member
<br />of their organization at the site whose duty shall be
<br />the prevention of accidents. This person shall be the
<br />Contractor's Superintendent unless otherwise
<br />designated in writing by the Contractor to the City.
<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 Contractor, without special instruction or
<br />authorization from the City, is obligated to act, at their
<br />discretion, to prevent threatened damage, injury or loss. They
<br />will give the City prompt written notice of any significant
<br />changes in the Work or deviations from the Contract
<br />Documents caused thereby. If the Contractor believes that
<br />additional Work done by them in an emergency which arose
<br />from causes beyond their control entities them to an increase in
<br />the Contract Price or an extension of the Contract Time, they
<br />may make a claim therefore as provided in this document.
<br />1.48.1. The Contractor will also submit to the City for
<br />review, with such promptness as to cause no delay
<br />in Work, all samples and photographs required by
<br />the Contract Documents. All samples and
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<br />BID No. 11 -01 -01
<br />photographs will have been checked by and
<br />stamped with the approval of the Contractor,
<br />identified clearly as to material, manufacturer, any
<br />pertinent catalog numbers and the use for which
<br />intended.
<br />1.48.2. At the time of each submission, the Contractor will
<br />in writing call the City's attention to any deviations
<br />that the photographs or sample may have from the
<br />requirements of the Contract Documents.
<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 Contractor
<br />will make any corrections required by the City and
<br />will return the required number of corrected copies
<br />of Photographs and resubmit new samples until the
<br />review is satisfactory to the City.
<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 Contractor at the site and shall
<br />be available to the City.
<br />1.48.5. The City's review of Photographs or samples shall
<br />not relieve the Contractor from their responsibility
<br />for any deviations from the requirements of the
<br />Contract Documents unless the Contractor 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 Contractor from
<br />responsibility for supplying the plant material as
<br />specified
<br />1.49. Public Convenience and Safety: The Contractor
<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 />1.50 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 Contractor 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 Contractor or his Sub - Contractor, agents,
<br />servants or employees. The Contractor 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 />
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