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<br />. Agreement is performed, and at any time upon request, Contractor shall furnish to the <br />City certificates of insurance evidencing the minimum required coverage and shall be <br />appropriately endorsed for contractual liability, with the City named as additional insured. <br />All policies shall contain a waiver of subrogation endorsement. All policies and certificates shall <br />be in forms and issued by insurance companies acceptable to the City's Risk Management <br />Department. All insurance policies and certificates of insurance shall provide that the policies <br />may not be canceled or altered without thirty (30) days prior written notice to the City. The City <br />reserves the right from time to time to change the insurance coverage and limits of liability <br />required to be maintained by Contractor hereunder. <br /> <br />Contractor shall also require and ensure that each of its sub-Contractor(s) providing <br />services hereunder (if any) procures and maintains, until the completion of the services, <br />insurance of the types and to the limits specified herein. <br /> <br />ANY ,EXCEPTIONS TO THE INSURANCE REQUIREMENTS. IN THIS <br />SECTION MUST BE:APPROVED INWIUTING BY THE CITY. . . <br /> <br />Compliance with these insurance requirements shall not relieve or limit the Contractor's <br />liability and obligations under this contract. <br /> <br />7. Relation to Parties. It is understood and agreed that nothing contained in this Agreement <br />shall be deemed to create a partnership, joint venture, other association, or an employer/employee <br />relationship between the Contractor and the City. Contractor shall be in the relation of an <br />independent Contractor and is to have entire charge, control and supervision of the work to be <br />performed hereunder. The Contractor does not have the power to bind the City in any promise, <br />agreement or representation other than as provided for in this Agreement. <br /> <br />8. Compliance with Law. Contractor shall comply with all laws, regulations and ordinances of <br />any federal, state, or local governmental authority having jurisdiction with respect to this Agreement <br />(Applicable Laws) and shall obtain and maintain, at its sole expense, any and all material permits, <br />licenses, approvals and consents necessary for the lawful conduct of the activities contemplated <br />under this Agreement. <br /> <br />9. Compliance with Occupational Safety and Health. Contractor hereby certifies that all <br />materials, equipment, etc., used to perform the services required by this Agreement meets all OSHA <br />requirements. <br /> <br />10. Waiver of Liabilitv/Indemnitv. The City shall not in any way be answerable or accountable <br />for any violations of applicable laws or for any injury, loss or damage arising from the negligence or <br />omission of Contractor or anyone of its employees, sub-Contractor(s) or agents. Contractor hereby <br />agrees to indemnify, defend and hold harmless the City from and against any claim, loss, damage, <br />liability, cost or expense, including attorneys' fees, whether or not due to or caused in whole or in <br />part by City or its employees, arising out of (i) the performance or breach by the Contractor of its <br />obligations under this Agreement. Contractor hereby irrevocably waives any right and agrees not to <br />file any mechanic's or materialman's lien against the interest of the owner of the property. <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 3 of5 <br />