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<br />warrants and represents that it has no obligation or indebtedness that would impair its ability to <br />fulfill the terms of this Agreement. <br /> <br />3. Additional Services. If Contractor identifies the need for additional work or changes under <br />this Agreement during the course of performing its obligations hereunder, Contractor shall set forth <br />such additional work and the cost thereof in a supplemental work order (a "Supplemental Work <br />Order") and submit such Supplemental Work Order for approval by the City. No such additional <br />work shall be done or paid for without the specific prior written approval of the City. <br /> <br />4. A vailabilitv of Funds. The obligations of The City of Sunny Isles Beach under this <br />Agreement are subject to the availability of funds lawfully appropriated for its purpose by the State <br />of Florida and the City Commission. <br /> <br />5. Undisclosed Conditions. In the event that undisclosed conditions are discovered during the <br />performance of this Agreement, the City shall have the right to cancel this Agreement upon thirty <br />(30) days.wn,""tten notic, e" tp ,Cont,tac, tor,' Upon termination, the City niaYJ;e:;..bid the project if the " <br />Contractor fails to perform under this Agreement due to the undisclosed conditions. <br /> <br />6. Insurance. Contractor shall, at its sole cost and expense, during the period of any work <br />being performed under this Agreement, procure and maintain the following minimum insurance <br />coverage to protect the City and Contractor against all loss, claims, damage and liabilities caused by <br />Contractor, its agents, sub-Contractors or employees, as more particularly set forth below: <br /> <br />o 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 limits of One Million Dollars ($1,000,000) combined single limit <br />occurrence. <br /> <br />o Workmen's Compensation, with no less than $100,000 for Employer's Liability. <br />Said coverage shall include a waiver of subrogation in favor of the City, its <br />agents, employees and officials. <br /> <br />o Errors and Omission -- Contractor shall carry a minimum of $500,000 coverage <br />for errors and omissions. <br /> <br />o Business Automobile Liability which shall include coverage for all owned, non- <br />owned and hired vehicles for limits of not less than $500,000 per occurrence, <br />Combined Single Limit or its equivalent. <br /> <br />Insurance required of the Contractor shall be primary to, and not contribute with, any <br />insurance or self-insurance maintained by the City. <br /> <br />Such insurance shall not diminish Contractor's indemnification and obligations <br />hereunder. The insurance policy(ies) shall be issued by companies authorized to do business <br />under the laws of the State of Florida and acceptable to the City. Before any work under this <br /> <br />City of Sunny Isles Beach 17070 Collins Avenue, Suite 250, Sunny Isles Beach, Florida 33160 <br />(305) 947-0606 phone (305) 949-3113 Fax <br /> <br />Amendment I to Pios Stamped Asphalt Contract <br />Attomey/ Agreements/ch <br />6/18/2003 <br /> <br />Page 2 of5 <br />