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Home My WebLink AboutPre-LegislationsCrystal Report Viewer City of Miami Text File Report City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File ID: 13-00190 Enactment #: R-13-0086 Version: 1 Type: Resolution Introduced: 2/5/13 Status: Passed Enactment Date: 3/14/13 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 $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. 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; 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 http://egov.ci.miami.fl.us/LegistarWeb/temp/rep4B31.html[8/14/2013 1:42:45 PM] Crystal Report Viewer repairs of the slabs and columns of 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 $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} http://egov.ci.miami.fl.us/LegistarWeb/temp/rep4B31.htm1[8/14/2013 1:42:45 PM] Crystal Report Viewer 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 Introduced: 2/3/12 Status: Passed Enactment Date: 4/12/12 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 S2,147,208.87, 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[5118/2012 9:23:38 AM] Crystal Report Viewer 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 { 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} http://egov.ci.iniami.fl.us/LegistarWeb/temp/rep7D99.htm1[5/18/2012 9:23:38 AM]