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Legislation
Resolution
City Hall
3500 Pan American
Drive
Miami, FL 33133
www.miamigov.com
File Number: 13-00190 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
$657,579.88, FROM ARCHITECTS & ENGINEERS INSURANCE COMPANY, INC.,
THE INSURANCE CARRIER FOR TIMOTHY HAAHS & ASSOCIATES, INC.
("HAAHS"), IN FULL SETTLEMENT OF ALL CLAIMS AND DEMANDS AGAINST LEO
A. DALYAND HAAHS, ARISING OUT OF, OR RELATED TO, DEFECTS IN THE
INTERFACE BETWEEN THE ELEVATED SLABS AND THE COLUMNS OF THE
PARKING GARAGES LOCATED AT MARLINS STADIUM; ALLOCATING SAID
FUNDS TO CAPITAL IMPROVEMENT PROJECT NO. B-30648; AUTHORIZING 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.
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,
agreed to reimburse the City for costs relating to the structural repairs to the four (4) parking garages;
and
WHEREAS, pursuant to Resolution No. 12-0147, adopted April 12, 2012, the City Commission
accepted a payment 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; and
WHEREAS, additional repairs are now necessary due to defects in the interface between the
elevated slabs and the columns in all four (4) parking garages; and
WHEREAS, Architects & Engineers Insurance Company, Inc., has agreed to reimburse the
City for costs relating to the repairs of the slabs and columns of the four (4) parking garages; and
City of Miami Page 1 of 2 File Id: 13-00190 (Version: 1) Printed On: 2/21/2013
File Number: 13-00190
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 $657,579.88, 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,
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 $657,579.88, in full settlement of the claims and
demands against Daly and Haahs, arising out of, or related to, defects in the interface between the
elevated slabs and the columns of 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: 13-00190 (Version: 1) Printed On: 2/21/2013