Miami-Dade Legislative Item
File Number: 081324
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File Number: 081324 File Type: Resolution Status: Adopted
Version: 0 Reference: R-579-08 Control: County Commission
File Name: $1M SETTLEMENT CLAIM FOR NTD PROJECT & AMERICAN AIRLINES Introduced: 4/30/2008
Requester: Aviation Department Cost: Final Action: 5/20/2008
Agenda Date: 5/20/2008 Agenda Item Number: 8A1A
Notes: Title: RESOLUTION RELATING TO NORTH TERMINAL DEVELOPMENT PROJECTS AT MIAMI INTERNATIONAL AIRPORT; RATIFYING THE COUNTY MANAGER’S ACTIONS IN SETTLING CLAIMS UNDER ONE MILLION DOLLARS PURSUANT TO RESOLUTION R-224-06 DURING THE PERIOD SEPTEMBER 1, 2007 THROUGH DECEMBER 31, 2007
Indexes: CLAIMS SETTLEMENT
  NORTH TERMINAL
  SETTLEMENT
Sponsors: NONE
Sunset Provision: No Effective Date: Expiration Date:
Registered Lobbyist: None Listed


Legislative History

Acting Body Date Agenda Item Action Sent To Due Date Returned Pass/Fail

Board of County Commissioners 5/20/2008 8A1A Adopted P

County Attorney 5/1/2008 Assigned Eduardo W. Gonzalez 5/1/2008
REPORT: returned for correction

County Manager 4/30/2008 Assigned County Attorney 5/20/2008
REPORT: COUNTY MANAGER/COUNTY ATTORNEY

County Manager 4/30/2008 Assigned Ysela Llort 4/30/2008 4/29/2008

Legislative Text


TITLE
RESOLUTION RELATING TO NORTH TERMINAL DEVELOPMENT PROJECTS AT MIAMI INTERNATIONAL AIRPORT; RATIFYING THE COUNTY MANAGER’S ACTIONS IN SETTLING CLAIMS UNDER ONE MILLION DOLLARS PURSUANT TO RESOLUTION R-224-06 DURING THE PERIOD SEPTEMBER 1, 2007 THROUGH DECEMBER 31, 2007.

BODY
WHEREAS, on February 21, 2006, the Board approved Resolution R-224-06 which delegated authority to the County Manager or his designee to negotiate and settle North Terminal Development Project (NTD) claims at Miami International Airport (MIA) not-to-exceed $1 million; and

WHEREAS, this Board desires to accomplish the purposes outlined in the accompanying memorandum, a copy of which is incorporated herein by reference,

NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MIAMI-DADE COUNTY, FLORIDA, that this Board hereby ratifies the County Manager’s actions in negotiating and settling NTD claims not exceeding $1 million during the period September 1, 2007 through December 31, 2007.

HEADER
Date:

To: Honorable Chairman Bruno A. Barreiro
and Members, Board of County Commissioners

From: George M. Burgess
County Manager

Subject: Resolution Ratifying the County Manager’s Actions in
Settling Claims under One Million Dollars pursuant to
Resolution R-224-06 for the Period September 1 –
December 31, 2007

STAFF RECOMMENDATION
It is recommended that the Board adopt the attached resolution ratifying settlement agreements between the County and certain contractors that performed work on the North Terminal Development Project (NTD) at Miami International Airport (MIA), pursuant to the delegated authority provided by the Board in Resolution No. R-224-06.

On February 21, 2006, the Board approved R-224-06 which delegated authority to negotiate and settle NTD claims in an amount not-to-exceed $1 million subject to the review and approval by the Miami-Dade Aviation Department’s (MDAD) Owner’s Review Board (ORB), the County Attorney, and ratification by this Board. On February 23, 2007, the Mayor issued his Delegation of Authority Memorandum in which he advised that he is retaining responsibilities/actions for Settlement Agreements greater than $200,000.00. All of the agreements for this period were over the $200,000.00 threshold and have been reviewed by the Mayor and executed by him or his designee under R-224-06. This item covers the period September 1, 2007 - December 31, 2007 as listed on page 2.

MANAGER'S BACKGROUND
As part of the NTD Program, the County and American Airlines (American) entered into a Lease, Construction and Finance Agreement (LCF) for American to design and construct the NTD and the County to pay the costs thereof as a tenant improvement project. American hired the Turner-Austin Airport Team (TAAT) as its construction manager.

On June 21, 2005, the Board approved the Fourth Amendment to the LCF with American that transferred the responsibility of completing the NTD Program to the County. Concurrently, the Board approved a Claims Administration Agreement with American giving the County authority to defend, settle and/or adjudicate claims against American on the NTD program. As a result of the Amendment, on June 27, 2005, American terminated TAAT’s contract effective July 27, 2005.

When American terminated TAAT’s contract, TAAT in turn terminated the subcontracts. Subsequently, numerous contractors filed claims with the County against American and TAAT. Pursuant to the Claims Administration Agreement, the County directed its claims consultant, Alpha Corporation, to review the merits of the claims and recommend settlement amounts commensurate with the merits to a team of Aviation Department staff members designated as the ORB. Following this review process, the County entered into extensive negotiations with claimants to resolve the claims in benefit of all parties.

For the period covered under this item, September 1, 2007 – December 31, 2007, MDAD settled claims totaling $1,897,373.99 to four (4) contractors, as listed below. Of this amount, $562,574.11 has been paid to CSBE Subcontractors.

NTD SETTLEMENTS UNDER R-224-06 – SEPTEMBER 1, 2007 – DECEMBER 31, 2007

ORIGINAL CLAIM SETTLEMENT CSBE
CLAIMANT COMPANY AMOUNT AMOUNT AMOUNT
_________________________________________________________________________
Aventura Engineering
& Construction Corp. $1,096,125.89 $900,000.00 $73,702.67

Bermello, Ajamil
& Partners, Inc. $351,245.00 $281,373.99 $63,912.44

Dynalectric Florida $470,664.73 $360,000.00 $68,959.00

Talmac, Inc.
(Prime CSBE) $1,400,000.00 $356,000.00 $356,000.00
__________________________________________________________________________
TOTAL $3,318,035.62 $1,897,373.99 $562,574.11

Each of the settlement agreements with the above-referenced claimants was executed in accordance with the requirements of Resolutions R-119-06, review and resolution of CSBE claims, and R-397-06, the amended claims process which requires that payment of any settlement amount is contingent upon the claimant paying any portion of the settlement owed to CSBE subcontractors. All CSBEs have been paid. A copy of each of the settlement agreements listed above is on file with the Clerk of the Board.

This delegation of authority has helped MDAD comply with the Board's directive to expedite the resolution and payment of NTD claims and, as a result, has greatly helped CSBEs and the many small businesses that have been impacted by the protracted payment for their work.





_____________________________
Assistant County Manager



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