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96-035 RESOLUTION NO. 96-3S A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AVENTURA, FLORIDA, APPOINTING THE FIRM OF C.A.P. ENGINEERING CONSULTANTS, INC. TO PERFORM BUILDING INSPECTION AND PLAN REVIEW PROFESSIONAL CONSULTANT SERVICES; AUTHORIZING THE CITY MANAGER TO EXECUTE THE ATTACHED AGREEMENT FOR PROFESSIONAL SERVICES; AGREEING TO THE NEGOTIATED SCOPE OF SERVICES AND FEES CONTAINED IN SAID AGREEMENT; AND, PROVIDING AN EFFECTIVE DATE. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF AVENTURA, FLORIDA, THAT: Section 1. The firm of C.A.P. Engineering Consultants, Inc. be and the same is hereby appointed to perform building inspection and plan review professional consultant services on behalf of the City of Aventura. Section 2. The City Manager is hereby authorized to execute the attached agreement for professional services by and between the City and C.A.P. Engineering Consultants, Inc., and whereby the City agrees to the negotiated scope of services and fees. Section 3. This Resolution shall become effective immediately upon its adoption. The foregoing Resolution was offered by Vice Mayor Rogers-Libert, who moved its adoption. The motion was seconded by Councilmember Beskin and upon being put to a vote, the vote was as follows: Resolution No. 96-35 Page 2 Councilmember Arthur Berger absent Councilmember Jay R. Beskin yes Councilmember Ken Cohen yes Councilmember Harry Holzberg yes Councilmember Jeffrey Perlow yes Vice Mayor Patricia Rogers-Libert yes Mayor Arthur I. Snyder yes PASSED AND ADOPTED thiS 4th day of September, ~ ~NYDER, MAYOR ATTEST: TERESA M. SMITH, CMC CITY CLERK APPROVED AS TO LEGAL SUFFICIENCY: CITY ATTORNEY CITY OF AVENTURA AGREEMENT FOR BUILDING INSPECTION AND PLAN REVIEW PROFESSIONAL CONSULTANT SERVICES THIS AGREEMENT, made and entered into this ~day of September, 1996, by and between the CITY OF AVENTURA, hereinafter referred to as "City" and C.A.P. Engineering Consultants, Inc. 100 Miracle Mile Suite 300, Coral Gables, Florida 33134, a corporation, hereinafter referred to as "Consultant." IN CONSIDERATION of the mutual covenants set forth in this Agreement, the parties agree as follows: 1. SCOPE OF SERVICES. A. The Consultant agrees to provide building inspection and plan review services for structural, plumbing, electrical and mechanical requirements as contained in the South Florida Building Code, including the Dade County amendments thereof. B. Services will be provided by personnel provided by the Consultant in accordance with the job classifications contained in Exhibit "A." All such personnel shall be and remain employees of Consultant, not City. C. The Consultant shall also provide support services as requested by the City to include the organization and coordination of the transfer of jurisdiction from Metropolitan Dade County Building and Zoning Department to the City's Community Development Department. These services will be provided through Mariano V. Fernandez, P.E and Carlos A. Penin, P.E. D. Both parties understand that City will employ its own Chief Building Official as defined by the South Florida Building Code. 2. FEES FOR SERVICES The Consultant agrees to charge the City the following fees for services: A. For services provided pursuant to paragraph lA, Consultant shall be compensated on a monthly basis, with seventy percent (70%) of the gross building permit fee amounts collected by the City. B. For services provided pursuant to paragraph 1C, Consultant shall be compensated on an hourly rate at Eighty-Five ($85.00) Dollars. C. City shall pay Consultant within thirty (30) days of invoice by Consultant. 3. TERM OF AGREEMENT, This Agreement shall become effective upon signature of both parties and shall continue in full force and effect until midnight, January 31, 1997. However, this Agreement may be extended upon mutual agreement of both parties. This Agreement may be terminated by written notice of termination provided pursuant to paragraph 9. 4. GENERAL TERMS AND CONDITIONS. A. All original sketches, tracings, drawings, computations, details, design calculations, work papers and other documents and plans that result from the Consultant providing specified services shall be the property of the City. Upon termination of this Agreement, or upon request of the City during the term of this Agreement, any and all such documents shall be delivered to the City by the Consultant. 2 B. Consultant shall provide all necessary vehicles, radios and equipment for their employees to perform the services required by this Agreement. C. City shall provide badges, photo I.D., workspace and telephones for all inspectors employed by Consultant to perform the services required by this Agreement. 5. SERVICE STANDARDS. Consultant agrees to provide the services as required by paragraph lA based on the following standards for service: A. Building inspections shall be provided within twenty-four hours after the City's Community Development Department receives a request for inspection. B. Plan reviews shall be completed within ten working days after the Community Development Department receives a request for plan review. C. Consultant shall commence building inspection and plan review services effective November 1, 1996, or earlier as determined by the City. 6. INSURANCE. The Consultant shall at all times carry professional liability insurance, workers' compensation insurance, public liability and property damage insurance, and automotive public liability and property damage insurance with minimum policy limits in the amount of One Million Dollars ($1,000,000) per occurrence, except that the dollar amount of workers compensation coverage shall be as provided by Chapter 440, Fla. Stat. The City shall be named as an additional insured on all of the above insurance policies. Each insurance policy shall state that it is not cancelable without written notice to the City 30 days prior to the effective date of cancellation. 7. ASSIGNMENT. This Agreement shall not be assignable by the Consultant. 8. PROHIBITION AGAINST CONTINGENT FEES. The Consultant warrants that it has not employed or retained any company or person, other than a bona fide employee working solely for the Consultant, to solicit or secure this Agreement, and that it has not paid or agreed to pay any person(s), company, corporation, individual or firm, other than a bona fide employee working solely for the Consultant any fee, commission, percentage, gift, or any other consideration, contingent upon or resulting from the award or making of this Agreement unless approved by the Ciy Manager of the City of Aventura. 9. TERMINATION. This Agreement may be terminated by the City upon ten days' written notice with or without cause and by the Consultant upon 45 days' written notice with or without cause. If this Agreement is terminated, the Consultant shall be paid for all acceptable work performed up to the date of termination. 10. NONEXCLUSIVE AGREEMENT. The services to be provided by the Consultant pursuant to this Agreement shall be nonexclusive and nothing herein shall preclude the City from engaging other firms to perform the same or similar services for the benefit of the City within the City's sole and absolute discretion. 4 1'1. ENTIRE AGREEMENT. The parties hereby agree that this is the entire agreement between the parties. This Agreement cannot be amended or modified without the express written consent of the parties. 12. WARRANTIES OF CONSULTANT. The Consultant hereby warants and represents that at all times during the term of this Agreement it shall maintain in good standing all required licenses, certifications and permits required under federal, state and local laws necessary to perform the Specified Services. 13. ATTORNEY'S FEES. In connection with any litigation arising out of this Agreement, the City shall be entitled to recover reasonable attorney's fees and costs. Consultant recognizes that other covenants of this Agreement serve as consideration for this provision. 14. NOTICES. All notices and communications to the City shall be in writing and shall be deemed to have been properly given if transmitted by registered or certified mail or hand delivery. All notices and communications shall be effective upon receipt. Notices shall be addressed as follows: CITY: Eric M. Soroka City Manager City of Aventura 2999 NE 191st Street Suite 500 Aventura, Florida 33180 CONSULTANT: Carlos A. Penin, P.E., President C.A.P. Engineering Consultants, Inc. 100 Miracle Mile Suite 300 Coral Gables, Florida 33134 15. GOVERNING LAW. This Agreement shall be construed in accordance with the laws of the State of Florida. Venue for any litigation hereunder shall be in Dade County, Florida. IN WITNESS WHEREOF, the parties hereto have accepted, made and executed this Agreement upon the terms and conditions above stated on the day and year first above written. CONSULTANT: CITY: C.A.P. Engineering Consultants, Inc. City of Aventura 100 Miracle Mile Suite 300 2999 NE 191st Street #500 Coral Gables, Florida 33134 Aventura, Florida 33180 Carlos A. Penin, President ~na! er. Attest: Attest: Teresa M. Smith, CMC City Clerk Approved: City Attorney EXHIBIT "A" Job Classifications: The following job classifications will be staffed with five (5) certified persons: A. Structural Plan Reviewer is certified by the Dade County Board of Rules and Appeals. This Professional Engineer performs structural review of building permit plans as mandated by the revised South Florida Building Code requirements. B. Chief Building Inspector is certified by the Dade County Board of Rules and Appeals. He performs all plans review and field inspection of structural, building, A.D.A. and roofing components. As construction progresses, mandatory inspections are performed per requirements of the South Florida Building Code. He is responsible for supervising the inspection activities of all trades. C. Mechanical, Plumbing and Electrical Officials are delegated power by the Building Official (to be hired by the City) to enforce the South Florida Building Code to interpret the Code requirements of their respective trades. They also serve as Plans Examiners in reviewing permit applications and as Inspectors during construction in their respective trades in which they are certified.