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City of Miami
Text File Report
City Hall
3500 Pan American Drive
Miami, FL 33133
www.miamigov.com
File ID: 12-00142
Enactment #: R-12-0147
Version: 1
Type: Resolution Status: Passed
Enactment Date: 4/12/12
Introduced: 2/3/12 Controlling Body: Office of the City
Clerk
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. DALY AND 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;
http://egov.ci.miami.fl.us/LegistarWeb/temp/rep7D99.html[5/18/2012 9:23:38 AM]
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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 $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 {I } 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}
http://egov.ci.miami.fl.us/LegistarWeb/temp/rep7D99.html[5/18/2012 9:23:38 AM]