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ITB 23-03-01 Sunny Isles Beach Central Island Area Drainage Improvement and
<br />North Miami Beach Distribution System Watermain Replacements
<br />The CONTRACTORshallnotify ownersofadjacentpropertyandutilities when
<br />execution of the Work may affect them at least seventy-two (72) hours
<br />in advance (unless otherwise required). All damage, injury or loss to any property
<br />caused, directly or indirectly, in whole or in part by the CONTRACTOR, any
<br />subcontractor or anyone directly or indirectly employed by any of them or anyone
<br />for whose acts any of them may be liable, shall be remedied by the
<br />CONTRACTOR. The CONTRACTOR’s duties and responsibilities for safety and
<br />protection of the Work shall continue until such time as all the Work is
<br />completed and accepted by the CITY.
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<br />8.19Emergencies: In emergenciesaffecting the safetyor protectionofpersonsorthe
<br />Work or property at the site or adjacent thereto, the CONTRACTOR, without special
<br />instruction or authorization from the CITY is obligated to act to prevent threatened
<br />damage, injury or loss. The CONTRACTOR shall give the Project Manager prompt written
<br />notice of any significant changes in the Work or deviations from the Contract
<br />Documents caused thereby.
<br />8.20Risk of Loss: The risk of loss, injury or destruction shall be on the CONTRACTOR until
<br />acceptance of the Work by the CITY. Title to the Work shall pass to the CITY upon
<br />acceptance of the Work by the CITY.
<br />8.21Environmental: The CONTRACTOR has fully inspected the Premises and agrees, except as
<br />to the presence of any asbestos, to accept the Premises in an “as is” physical condition,
<br />without representation or warranty by the CITY of any kind, including, without limitation, any
<br />and all existing environmental claims or obligations that may arise from the presence of
<br />any “contamination” on, in or about the Premises. Further, CONTRACTOR and all entitles
<br />claiming by, through or under the CONTRACTOR, releases and discharges the CITY, from
<br />any claim, demand, or cause of action arising out of or relating to the CONTRACTOR’s
<br />use, handling, storage, release, discharge, treatment, removal, transport, decontaminati
<br />on,
<br />cleanup, disposal and/or presence of any hazardous substances including asbestos on,
<br />under, from or about the Premises. The CONTRACTOR shall have no liability for any pre-
<br />existing claims or “contamination” on the Premises.
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<br />The CONTRACTOR shall not use, handle, store, discharge, treat, remove, transport, or
<br />dispose of Hazardous Substances including asbestos at, in, upon, under, to or from the
<br />Premises until receipt of instructions from the CITY. At such time, a CITY approved Change
<br />Order, which shall not include any profit, shall authorize the CONTRACTOR to perform
<br />such services.
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<br />The CONTRACTOR shall immediately deliver to the Project Manager complete copies of all
<br />notices, demands, or other communications received by the CONTRACTOR from any
<br />governmental or quasi-governmental authority or any insurance company or board of fire
<br />underwriters or like or similar entities regarding in any way alleged violations or potential
<br />violations of any Environmental Law or otherwise asserting the existence or potential
<br />existence of any condition or activity on the Premises which is or could be dangerous to
<br />life, limb, property, or the environment.
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<br />or other and additional consideration, the CONTRACTOR hereby agrees, at its sole cost
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<br />and expense, to indemnify and protect, defend, and hold harmless the CITY and its
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