HomeMy WebLinkAboutLegislationCity of Miami
Legislation
Resolution
City Hall
3500 Pan American
Drive
Miami, FL 33133
www.miamigov.com
File Number: 12-00142 Final Action Date:
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S),
ACCEPTING A PAYMENT TO THE CITY OF MIAMI, IN THE AMOUNT OF
$2,147,208.87, FROM ARCHITECTS & ENGINEERS INSURANCE COMPANY,
INC., THE INSURANCE CARRIER FOR TIMOTHY HAAHS & ASSOCIATES, INC.'S
("HAAHS"), IN FULL SETTLEMENT OF ALL CLAIMS AND DEMANDS AGAINST
LEO A. DALYAND HAAHS, ARISING OUT OF, OR RELATED TO, DEFECTS IN
THE SOFFIT BEAMS OF THE PARKING GARAGES LOCATED AT MARLINS
STADIUM; FURTHER DIRECTING THE CITY MANAGER TO EXECUTE A
SETTLEMENT AND RELEASE AGREEMENT, IN SUBSTANTIALLY THE
ATTACHED FORM, AND ALL NECESSARY DOCUMENTS, IN A FORM
ACCEPTABLE TO THE CITY ATTORNEY, TO EFFECTUATE THE SETTLEMENT;
ALLOCATING SAID FUNDS TO CAPITAL IMPROVEMENT PROJECT NO.
B-30648.
WHEREAS, the City of Miami ("City") entered into a Professional Services Agreement with Leo
A. Daly Company ("Daly") dated July 9, 2009 ("Agreement") for Architectural and Engineering Services
for the Stadium Site Parking Project ("Project"); and
WHEREAS, pursuant to the Agreement, Daly was to complete the Project and hold the City
harmless for any losses arising out of Daly's or any of its sub -consultants' performance of the
Agreement; and
WHEREAS, Daly sub -contracted with Timothy Haahs & Associates, Inc. ("Haahs") for the
structural design of the four (4) parking garages within the Project; and
WHEREAS, structural repairs to the soffit beams due to design errors or omissions were
necessary for the four (4) parking garages; and
WHEREAS, Architects & Engineers Insurance Company, Inc., the insurance carrier for Haahs,
has agreed to reimburse the City for costs relating to the structural repairs to the four (4) :parking
garages; and
WHEREAS, the parties agree that such reimbursement will be made in exchange for an
executed release; and
WHEREAS, the Office of the .City Attorney has investigated this claim pursuant to Sections
18-221 through 18-232 of the Code of the City of Miami, Florida, as amended, and recommends that
this claim be settled for the sum of $2,147,208.87, and the execution of a Settlement and Release
Agreement; and
WHEREAS, said funds are to .be allocated to Capital Improvement Project No. B-30648;
City of Miami Page 1 of 2 File Id: 12-00142 (Version: 1) Printed On:-4/372012
File Number: 12-00142
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI,
FLORI DA:
Section 1. The recitals and findings contained in the Preamble to this Resolution are adopted by
reference and incorporated as fully set forth in this Section.
Section 2. The City accepts payment from Architects & Engineers Insurance Company, Inc., the
insurance carrier for Haahs, in the amount of $2,147,208.87, in full settlement of all claims and
demands against Daly and Haahs, arising out of, or related to, defects in the soffit beams in the
parking garages located at Marlins Stadium, with said funds allocated to Capital Improvement Project
No. B-30648.
Section 3. The City Manager is authorized {1} to execute a Settlement and Release Agreement, in
substantially the attached form, and all necessary documents, in a form acceptable to the City
Attorney, to effectuate the Settlement.
Section 4. This Resolution shall become effective immediately upon its adoption and signature of
the Mayor. {2}
APPROVED AS TO FORM AND CORRECTNESS:
JULIE O. BRU
CITY ATTORNEY
Footnotes:
{1} The herein authorization is further subject to compliance with all requirements that may be imposed
by the City Attorney, including but not limited to those prescribed by applicable City Charter and Code
provisions.
{2} If the Mayor does not sign this Resolution, it shall become effective at the end of ten calendar days
from the date it was passed and adopted. If the Mayor vetoes this Resolution, it shall become effective
immediately upon override of the veto by the City Commission.
City of Miami Page 2 of 2 File Id: 12-00142 (Version: 1) Printed On: 4/3/2012