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<br />-- <br /> <br />3. Additional Services. If Consultant identifies the need for additional work or changes during <br />the course of performing its obligations under this Agreement, Consultant shall set forth such <br />additional work and the costs thereof in a Supplemental Work Order (a "Supplemental Work Order") <br />and submit such Supplemental Work Order for approval by the City. No such additional work shall <br />be done or paid for without the specific prior written approval of the City. <br /> <br />4. Availabilitv 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 written notice to Consultant. Upon termination, the City may bid or re-bid the project if <br />the Consultant fails to perform under this Agreement due to the undisclosed conditions. . . <br /> <br />6. Insurance. Consultant shall, at its sole cost and expense, during the period of any work <br />being perfoflTled under this Agreement, procure and maintain the following minimum insurance <br />coverage to pl'Otect the City and Consultant against all loss, claims, damage and liabilities caused by <br />Consultant, its agents, Consultants or employees, as more particularly set forth below: <br /> <br />a. Worker's Compensation, with no less than $100,000 for Employer's <br />Liability. Said coverage shall include a waiver of subrogation in favor of the <br />City and its agents, employees and officials. <br /> <br />b. General liability insurance, including broad form contractual liability <br />coverage for bodily injury and property damage liability with limits of One <br />Million Dollars ($1,000,000) Combined Single Limit per occurrence or <br />equivalent. <br /> <br />c. Business Automobile Liability which shall include coverage for all owned, <br />non-owned and hired vehicles for limits of not less than $500,000 per <br />occurrence, Combined Single Limit or its equivalent. <br /> <br />d. Errors and Omission insurance in the amount of $500,000. <br /> <br />Insurance required of the Consultant 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 Consultant'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 />Agreement is performed, and at any time upon request, Consultant shall furnish to the City <br />certificates of insurance evidencing the minimum required coverage and shall be <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 />Beiswenger Hoch 2002 NPDES Pennit Agreement <br />Attorney/Agreements - jb <br />2/17i2004 -1:35 PM <br /> <br />Page 2 of5 <br />