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<br />City of Sunny Isles Beach
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<br />18070 Collins Avenue, Sunny Isles Beach, Florida 33160
<br />(305) 947-0606 phone (305) 949-3113 Fax
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<br />Consultant shall not pledge the City's credit or make it a guarantor of payment or surety for any
<br />contract, debt, obligation, judgment, lien, or any form of indebtedness. The Consultant further
<br />warrants and represents that it has no obligation or indebtedness that would impair its ability to fulfill
<br />the terms of this Agreement.
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<br />4. UNDISCLOSED CONDITIONS: In the event that undisclosed conditions are discovered
<br />during the performance of this Agreement, the City shall have the right to cancel this Agreement upon
<br />ten (IO) days written notice to Consultant. Upon termination, the City may re-bid the project if the
<br />Consultant fails to perform under this Agreement due to the undisclosed conditions.
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<br />5. INSURANCE: Consultant 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 Consultant against all loss, claims, damage and liabilities caused by
<br />Consultant, its agents, sub-Consultants or employees, as indicated below:
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<br />Comprehensive General liability insurance, including broad form contractual liability
<br />coverage for all operations, including, but not limited to, contractual, products, and
<br />completed operations, personal injury and property damage liability with minimum
<br />limits of One Million Dollars ($1,000,000) per occurrence and Two Million Dollars
<br />($2,000,000) aggregate.
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<br />Worker's Compensation, as required by law, but with no less than $1,000,000 for
<br />Employer's Liability.
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<br />Business Automobile Liability which shall include coverage for all owned, non-owned
<br />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 bodily
<br />injury and Five Hundred Thousand Dollars ($500,000) per accident for property
<br />damage.
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<br />Umbrella/Excess Liability coverage in addition to the foregoing limits that when
<br />combined with the foregoing limits provide total coverage of at least Five Million
<br />Dollars ($5,000,000).
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<br />Insurance required of the Consultant shall be primary to, and not contribute with, any insurance or self-
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<br />insurance maintained by the City. 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 under the laws of the State of
<br />Florida and acceptable to the City with a minimum Best's Insurance Guide rating of A-Excellent. Before any work under
<br />this Agreement is performed, and at any time upon request, Consultant shall furnish to the City certificates of
<br />insurance evidencing the minimum required coverage and shall be appropriately endorsed for contractual liability,
<br />with the City named as additional insured. All policies shall contain a waiver of subrogation endorsement. All policies
<br />and certificates shall be in forms and issued by insurance companies acceptable to the City's Risk Management
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<br />C0708-027 LUFT CONSULTING, INC. AGREEMENT
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