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HomeMy WebLinkAboutR-12-0147City of Miami Legislation Resolution: R-12-0147 City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: 12-00142 Final Action Date: 4/12/2012 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; NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, City of Miami Page 1 of 2 File Id: 12-00142 (Version: 1) Printed On: 11/3/2017 File Number: 12-00142 Enactment Number: R-12-0147 FLORIDA: 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} 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: 11/3/2017