HomeMy WebLinkAboutLegislationCity of Miami
Legislation
Resolution
City Hall
3500 Pan American
Drive
Miami, FL 33133
www.miamigov.com
File Number: 14-01247 Final Action Date:
A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE
DIRECTOR OF FINANCE TO PAY EDGEWATER CONSTRUCTION GROUP, INC.,
WITHOUT ADMISSION OF LIABILITY, THE TOTAL SUM OF $336,938,00 IN FULL
AND COMPLETE SETTLEMENT OF ANY AND ALL CLAIMS AND DEMANDS
AGAINST THE CITY OF MIAMI ("CITY"), ITS OFFICERS, AGENTS, EMPLOYEES,
AND ASSIGNS IN. THE CASE OF EDGEWATER CONSTRUCTION GROUP, INC.
VS. CITY OF MIAMI, IN THE CIRCUIT COURT IN AND FOR MIAMI-DADE COUNTY,
CASE NO. 14-05075 CA 23, UPON EXECUTING A SETTLEMENT AGREEMENT
AND MUTUAL RELEASE OF THE CITY, ITS PRESENT AND FORMER OFFICERS,
AGENTS, EMPLOYEES AND ASSIGNS FROM ANY AND ALL CLAIMS AND
DEMANDS; ALLOCATING FUNDS FROM ACCOUNT NO.
32000.000000.205100.0000.00000 (RETAINAGE ACCOUNT) FOR PROJECT
B-60453A - FIRE STATION 13 (NEW).
WHEREAS, Edgewater Construction Group, Inc. filed a claim and a lawsuit against the City of
Miami ("City"), in the Circuit Court in and for Miami -Dade County, Florida, Case No, 14-05075 CA 23;
and
WHEREAS, the Office of the City Attorney has investigated this claim and lawsuit pursuant to
Sections 18-221 through 18-232 of the Code of the City of Miami, Florida, as amended, and
recommends that said claim and lawsuit be settled for the sum of $336,938.00 which is well within the
original contract amount for the scope of work;
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 Director of Finance is authorized to pay Edgewater Construction Group, Inc.
without admission of liability, the sum of $336,938.00 in full and complete settlement of any and all
claims and demands against the City, its officers, agents, employees, and assigns in the case of
Edgewater Construction Group, Inc. vs. City of Miami, in the Circuit Court In and for Miami -Dade
County,Florida, Case No. 14-05075 CA 23, upon executing a Settlement Agreement and Mutual
Release of the City, its present and former officers, agents, employees, and assigns from any and all
claims and demands, with funds allocated from Account No, 32000.000000.205100,0000.00000
(Retainage Account) for Project B-60453A - Fire Station 13 (New).
Section 3. This Resolution shall become effective immediately upon its adoption and signature
of the Mayor.{1}
City of Miami Page 1 of 2 File Id: 14-01247 (Version: 1) Printed On: 6/2/2015
File Number: 14.01247
APPROVED AS TO FORM AND CORRECTNESS:
VICORIA MI NDEZ 10.40
CITY ATTORNEY
Footnotes:
{1} If the Mayor does not sign this Resolution, it shall become effective at the end of ten (10)
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.
City of Miami Page 2 of 2 File Id: 14-01247 (Version: 1) Printed On: 6/2/2015