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<br />City of Sunny Isles Beach <br /> <br />17070 Collins Avenue, Suite 250, Sunny Isles Beach, Florida 33160 <br />(305) 947-0606 phone (305) 949-3113 Fax <br /> <br />further warrants and represents that it has no obligation or indebtedness that would impair its <br />ability to fulfill the terms of this Contract. <br /> <br />5. UNDISCLOSED CONDITIONS. In the event that undisclosed conditions are <br />discovered during the performance of this Contract, the City shall have the right to cancel this <br />Contract upon thirty (30)-days written notice to Contractor. Upon termination, the City may <br />bid/re-bid the project if the Contractor fails to perform under this Contract due to the undisclosed <br />conditions. <br /> <br />6. INDEPENDENT CONTRACTOR RELATIONSHIP. The Contractor is an <br />independent Contractor and shall be treated as such for all purposes. Nothing contained in this <br />Contract 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 Contract. 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 Contract. Contractor shall furnish its own <br />transportation, office and other supplies as it determines necessary in carrying out its duties <br />under this Contract. <br /> <br />7. INSURANCE. Contractor shall, at its sole cost and expense, during the period of any <br />work being performed under this Contract, 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, sub-Contractors or employees, as indicated below: <br /> <br />Q 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 />Q 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 />Q Errors and Omission -- Contractor shall carry a minimum of $500,000 coverage <br />for errors and omissions. <br /> <br />Q 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 />3 <br /> <br />Tenex Construction Term Contract C <br />Attomey/Contracts/ch <br />