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Legislation
Resolution
City Hall
3500 Pan American
Drive
Miami, FL 33133
www.miamigov.com
File Number: 13-00934 Final Action Date:
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S),
RESCINDING RESOLUTION NO. 13-0086, ADOPTED MARCH 14, 2013, IN ITS
ENTIRETY; ACCEPTING A PAYMENT TO THE CITY OF MIAMI, IN THE AMOUNT
OF $628,129.32, 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, pursuant to Resolution No. 13-0086, adopted March 14, 2013, the City Commission
accepted payment in the amount of $657,579.88 and authorized the execution of a Settlement and
Release Agreement with Architects & Engineers Insurance Company, Inc., the insurance carrier for
Timothy Haahs & Associates, Inc. ("Haahs"), in full settlement of the claims and demands against Leo
A. Daly ("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; and
WHEREAS, the structural repairs associated with the interface between the elevated slabs and the
columns of the parking garages have been completed; and
WHEREAS, the original settlement, in the amount of $657,579.88 included estimated allowances
for Mechanical, Electrical and Plumbing ("MEP") relocation, patching and inspections related to the
structural repairs to the interface between the elevated slabs and the columns of the parking garages;
and
WHEREAS, the actual costs for the MEP relocation, patching and inspections were less than the
allowances; and
WHEREAS, it is necessary to rescind Resolution No. 13-0086 and accept a payment to the City in
the amount of $628,129.32, 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 funds allocated to Capital Improvement Project No.
B-30648; and
WHEREAS, this Resolution further authorizes the City Manager to execute a Settlement and
Release Agreement, for said purpose;
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI,
City of Miami
Page 1 of 2 File Id: 13-00934 (Version: 1) Printed On: 8/22/2013
File Number: 13-00934
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. Resolution No. 13-0086, adopted March 14, 2013, is rescinded in its entirety.
Section 3. The City accepts payment from Architects & Engineers Insurance Company, Inc., the
insurance carrier for Haahs, in the amount of $628,129.32, 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 4. 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 5. 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: 13-00934 (Version: 1) Printed On: 8/22/2013