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Reso 2026-4001
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Reso 2026-4001
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Last modified
4/1/2026 9:00:08 AM
Creation date
3/30/2026 5:03:27 PM
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CityClerk-Resolutions
Resolution Type
Resolution
Resolution Number
2026-4001
Date (mm/dd/yyyy)
03/19/2026
Description
Approving Agreement w/ SHIFF Construction & Development, Inc., for Gateway Pedestrian Bridge Elevator Enclosures Project.
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13.8. Waiver of Subrogation. Contractor agrees by entering into this written Contract to a <br />Waiver of Subrogation in favor of the City, Contractor, Sub -Contractors, Architects, or Engineer for <br />each required policy providing coverage during the life of this Contract. When required by the <br />insurer, or should a policy condition not permit the Contractor to enter into a pre -loss Contract to <br />waive subrogation without an endorsement, the Contractor agrees to notify the insurer and <br />request the policy be endorsed with a Waiver of Transfer of Rights of Recovery Against Others, or <br />an equivalent endorsement. This Waiver of Subrogation requirement shall not apply to any policy, <br />which includes a condition that specifically prohibits such an endorsement, or voids coverage <br />should the Contractor enter into such Contract on a pre -loss basis. <br />13.9. Right to Revise or Reiect. Contractor agrees the City reserves the right, but not the <br />obligation, to review or revise any insurance requirement, not limited to limits, coverages and <br />endorsements based on insurance market conditions affecting the availability or affordability of <br />coverage; or changes in the scope of work / specifications affecting the applicability of coverage. <br />Additionally, the City reserves the right, but not the obligation, to review and reject any insurance <br />policies failing to meet the criteria stated herein, or any insurer(s) providing coverage due of its <br />poor financial condition or failure to operating legally in the State of Florida. In such events, City <br />shall provide Contractor written notice of such revisions or rejections. <br />13.10. Certificate of Insurance. Contractor agrees to provide City a Certificate of Insurance <br />evidencing that all coverages, limits and endorsements required herein are maintained and in full <br />force and effect, and Certificates of Insurance shall provide a minimum thirty (30) day endeavor to <br />notify, when a manuscript notice endorsement is available by Contractor's insurer. If the Contractor <br />receives a non -renewal or cancellation notice from an insurance carrier affording coverage required <br />herein, or receives notice that coverage no longer complies with the insurance requirements <br />herein, Contractor agrees to notify the City by fax or email within five (5) business days with a copy <br />of the non -renewal or cancellation notice, or written specifics as to which coverage is no longer in <br />compliance. The Certificate Holder(s) address shall read: <br />Original to: City of Sunny Isles Beach <br />Risk Management Division <br />Attn: Risk Manager <br />18070 Collins Avenue <br />Sunny Isles Beach, FL 33160 <br />smontalvo@sibfl.net <br />13.11. Other Terms. City shall have the right, but not the obligation, of prohibiting <br />Contractor from entering the Project site until a new Certificate of Insurance is provided to the City <br />evidencing the replacement coverage. The Contractor agrees the City reserves the right to <br />withhold payment to Contractor until evidence of reinstated or replacement coverage is provided <br />to the City. If the Contractor fails to maintain the insurance as set forth herein, the Contractor <br />agrees the City shall have the right, but not the obligation, to purchase replacement insurance, <br />which the Contractor agrees to reimburse any premiums or expenses incurred by the City. <br />Page 33 of 44 <br />
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