HomeMy WebLinkAboutSummary FormAGENDA ITEM SUMMARY FORM
FILE ID: / a — 0o/q 2
Law Department
Matter ID No.
11-1259
Date: 3/21/12 Requesting Department: CEP
Commission Meeting Date: 4/12/12 District(s) Impacted: ❑ 1 02 ®3 04 05
Type: ® Resolution ❑ Ordinance ❑ Emergency Ordinance ❑ Discussion Item ❑ Other
Subject: Resolution to authorize the City Manager to enter into a Settlement and Release Agreement with •
Architects & Engineers Insurance Company, Inc. for the Stadium Site Parking Project, B-30648.
Purpose of Item:
To accept a payment to the City of Miami in the amount of $2,147,208.87, from Architects & Engineers Insurance
Company, Inc., Timothy Haas & Associates, Inc.'s (Haas) insurance carrier, in full settlement of all claims and
demands against Leo A. Daly and Haas arising out of or related only to claims involving defects in the parking
garages located at Marlins Stadium, as specifically related to the soffit beams. Resolution further authorizes the City
Manager to execute a Settlement and Release Agreement and all necessary documents to effectuate the settlement.
Funds are to be allocated to Capital Improvements Project No. B-30648.
Background Information:
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).
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. Daly sub -contracted with Timothy Haas &
Associates, Inc. (Haas), for the structural design of the four parking garages within the Project. Structural repairs
due to design errors or omissions were necessary for the four parking garages. Architects & Engineers Insurance
Company, Inc., Haas's insurance carrier, has agreed to reimburse the City for costs relating to the structural repairs
to the four parking garages. The parties agree that such reimbursement will be made in exchange for an executed
release. 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 execution of a Settlement and Release Agreement. Funds are to be allocated to Capital
Improvement Project No. B-30648.
Budget Impact Analysis
YES Is this item related to revenue? R., yy, t,vrs2
NO Is this item an expenditure? If so, please identify funding so, rce �l
General Account No:
Special Revenue Account No:
CIP Project No:
NO Is this item funded by Homeland Defense/Neighborhood Improvement Bonds?
Start Up Capital Cost:
Maintenance Cost:
Total Fiscal Impact: $2,147,208.87
Final Approvals
(SIGN AND DATE)
CIP N/A Budget � S
GIfran s
u:or,re'ceiving capital fu 1
`/A Risk Ma agement
Purchasing N/A Dept. Director
Chief City Manager
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