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City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160 <br />(305) 947-0606 phone (305) 949-3113 Fax <br />of all the work. The liquidated damages will be defined per project. If any liquidated damages are <br />unpaid by the Contractor, the City shall be entitled to deduct these unpaid liquidated damages from <br />the monies due the Contractor. <br />7. INDEPENDENT CONTRACTOR RELATIONSHIP. The Contractor is an <br />independent Contractor and shall be treated as such for all purposes. Nothing contained in this <br />Agreement or any action of the parties shall be construed to constitute or to render the Contractor <br />an employee, partner, agent, shareholder, officer or in any other capacity other than as an <br />independent Contractor other than those obligations which have been or shall have been <br />undertaken by the City. Contractor shall be responsible for any and all of its own expenses in <br />performing its duties as contemplated under this Agreement. The City shall not be responsible for <br />any expense incurred by the Contractor. The City shall have no duty to withhold any Federal <br />income taxes or pay Social Security services and that such obligations shall be that of the <br />Contractor, other than those set forth in this Agreement. Contractor shall furnish its own <br />transportation, office and other supplies as it determines necessary in carrying out its duties under <br />this Agreement. <br />8. INSURANCE. Contractor shall, at its sole cost and expense, during the period of any <br />work being performed under this Agreement, procure and maintain the following minimum <br />insurance coverage to protect the City and Contractor against all loss, claims, damage, and <br />liabilities caused by Contractor, its agents or employees, as indicated below: <br />A. Comprehensive General liability insurance, including broad form contractual <br />liability coverage for all operations, including, but not limited to, contractual, <br />products, and completed operations, personal injury and property damage liability <br />with minimum limits of Two Million Dollars ($2,000,000) per occurrence. <br />B. Worker's Compensation and employer's liability coverage, as required pursuant to <br />Florida law. <br />C. Business Automobile Liability which shall include coverage for all owned, non - <br />owned and hired vehicles for minimum limits of not less than One Million Dollars <br />($1,000,000) per occurrence, One Million Dollars ($1,000,000) per accident for <br />bodily injury and Five Hundred Thousand Dollars ($500,000) per accident for <br />property damage. <br />D. Umbrella/Excess Liability Policy at a minimum of $5,000,000. <br />The Commercial General Liability, Automobile and Umbrella policies must include the City of <br />Sunny Isles Beach as Additional Insured, be based on a Primary /Non -Contributory basis, and <br />include a Waiver of Subrogation on behalf of the City of Sunny Isles Beach. <br />Workers' Compensation must include a Waiver of Subrogation on behalf of the City of Sunny <br />Isles Beach. <br />Insurance required of the Contractor shall be primary to, and not contribute with, any insurance or <br />self-insurance maintained by the City. Such insurance shall not diminish Contractor's <br />indemnification and obligations hereunder. The insurance policy shall be issued by companies <br />MBR CONSTRUCTION, INC. 4 <br />