Loading...
HomeMy WebLinkAboutR-13-0086City of Miami Legislation Resolution: R-13-0086 File Number: 13-00190 City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com Final Action Dat 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 COMP THE INSURANCE CARRIER FOR TIMOTHY HAAHS & ASSOCIATE ("HAAHS"), IN FULL SETTLEMENT OF ALL CLAIMS AND DEMAN A. DALYAND HAAHS, ARISING OUT OF, OR RELATED TO, DEF INTERFACE BETWEEN THE ELEVATED SLABS AND THE COLUM PARKING GARAGES LOCATED AT MARLINS STADIUM• A, - FUNDS TO CAPITAL IMPROVEMENT PROJECT NO. Bs,.u48; A CITY MANAGER TO EXECUTE A SETTLEMENT ANDS LEASE AGME; IN SUBSTANTIALLY THE ATTACHED FORM, AND ALL SSARY DO JMENTS, IN A FORM ACCEPTABLE TO THE CITYATTOR ECTUATiI THE SETTLEMENT. WHEREAS, the City of Miami ("City" -nter A. Daly Company ("Daly") dated July 9, '9 Services for the Stadium Site Parking Project WHEREAS, pursuant to harmless for any losses arisin Agreement; and WHEREAS, D structural design of t WHER necessary fo greement, D- ut of Daly' • r a ont d wit our (4) parkin• S, - repa four parking • REA chite agree • -im•. - the Ci and acce ag HER a pay ges loca E I Services Agreement with Leo ement") for Architectural and Engineering d as to complete the Project and hold the City of its sub -consultants' performance of the othy Haahs & Associates, Inc. ("Haahs") for the within the Project; and to the soffit beams due to design errors or omissions were ges; and ngineers Insurance Company, Inc., the insurance carrier for Haahs, for costs relating to the structural repairs to the four (4) parking garages; suant to Resolution No. 12-0147, adopted April 12, 2012, the City Commission in the amount of $2,147,208.87, in full settlement of all claims and demands Haahs, arising out of, or related to, defects in the soffit beams in the parking at Marlins Stadium; and WHEREAS, additional repairs are now necessary due to defects in the interface between the elev d 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the City for costs relating to the repairs of the slabs and columns of the four (4) parking garages; and City of Miami Rescinded by R-13-0340 Page 1 of 2 File Id: 13-00190 (Version: 1) Printed On: 8/23/2017 File Number: 13-00190 Enactment Number: R-13-0086 WHEREAS, the parties agree that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 recom this claim be settled for the sum of $657,579.88, and the execution of a Settlement Agreement; and WHEREAS, said funds are to be allocated to Capital Improvement Projeq NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION O, FLORIDA: Section 1. The recitals and findings contained in the Preamble pted by reference and incorporated as fully set forth in this Section. Section 2. The City accepts payment from Architects & insurance carrier for Haahs, in the amount of $657,5 demands against Daly and Haahs, arising out of, or rel elevated slabs and the columns of the parking garages to allocated to Capital Improvement Project No. B-38 Company, Inc., the t of the claims and nterface between the adium, with said funds Section 3. The City Manager is authori d {1 -xecu - - _ -ment and Release Agreement, in substantially the attached form, and all ssar •cuments, in a form acceptable to the City Attorney, to effectuate the Settlement. Section 4. This Resolution s the Mayor. {2} Footnotes ecome effectimediately upon its adoption and signature of {1} Th. -rein - •rization is further subject to compliance with all requirements that may be impose • ity Atto y, including but not limited to those prescribed by applicable City ons. not sign this Resolution, it shall become effective at the end of ten calendar e it was passed and adopted. If the Mayor vetoes this Resolution, it shall become ctive immediately upon override of the veto by the City Commission. City of Miami Rescinded by R-13-0340 Page 2 of 2 File Id: 13-00190 (Version: 1) Printed On: 8/23/2017