2001-073RESOLUTION NO. 2001-73
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA, APPOINTING THE FIRM OF C.A.P.
ENGINEERING CONSULTANTS, INC. TO PERFORM BUILDING,
PUBLIC WORKS AND ENGINEERING INSPECTION AND PLAN
REVIEW PROFESSIONAL CONSULTANT SERVICES; AUTHORIZING
THE CITY MANAGER TO EXECUTE THE A'I'rACHED 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 COMMISSION 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, Public Works and Engineering Inspection and
Plan Review 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 Commissioner Holzberg, and upon being put
to a vote, the vote was as follows:
Commissioner Arthur Berger yes
Commissioner Jay R. Beskin yes
Commissioner Ken Cohen yes
Commissioner Manny Grossman yes
Commissioner Harry Holzberg yes
Vice Mayor Patricia Rogers-Libert yes
Mayor Jeffrey M. Perlow yes
Resolution No. 2001
Page 2
PASSED AND ADOPTED this 6th day of November, 2001.
Y M. PERLOW, MAYOR
ATTEST:
TF::~I~A M. S~rOK~, C~C
CI~,.~CLERK ~ ~'
APPROVED AS TO LEGAL SUFFICIENCY:
CITY ATTORNEY
CITY OF AVENTURA
AGREEMENT
FOR
BUILDING, PUBLIC WORKS AND ENGINEERING INSPECTION AND PLAN
REVIEW PROFESSIONAL CONSULTANT SERVICES
THIS AGREEMENT, made and entered into this 1st day of November,
2001 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, hereinat~er 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, public works and engineering
inspection and plan review for structural, fire sprinkler, plumbing, electrical,
mechanical and public works 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 reasonably requested by the
City Manager relating to organization and coordination of the various activities
with City staff.
D. Both parties understand that City will employ its own Chief Building Official as
defined by the South Florida Building Code. Employees of the Consultant shall
coordinate their work through the City's Chief Building Official for building
inspection and plan review services and with the Community Services Director
for public works permit applications, review and applications.
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
with seventy pement (70%) of the first $100,000.00 of gross building and/or
public works permit fee amounts collected by the City and sixty five percent
(65%) of any additional permit fees collected by the City calculated on a calendar
month basis. However, the Consultant shall receive only thirty five pement (35%)
of the gross building and/or public works permit fee amounts for all projects
owned, paid for and to be operated by the City.
B. In addition to the fees described in paragraph 2A above, City shall compensate
Consultant at the rate of seventy dollars ($70.00) per hour for the hours worked
by the public works inspector provided by Consultant.
C. For services provide pursuant to paragraph lC, Consultant shall be compensated
on an hourly rate of Eighty-Five ($85.00) Dollars.
D. 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 rome and effect until midnight, November 1, 2004. 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 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 document shall be delivered
to the City by the Consultant.
Consultant shall provide all necessary vehicles, mobile phones or radios and
equipment for their employees to perform the services required by this
Agreement.
City shall provide badges, photo I.D., workspace and telephones for all inspectors
employed by Consultant to perform the services required by this Agreement.
Consultant shall pay for one hundred percent (100%) of the cost of the necessary
software and computers (the "Computer Equipment") to implement field
computer technology up to a maximum of $10,000.00 per year. Provided this
Agreement is not terminated prior to November 1, 2004, the Equipment shall
become the sole property of the City.
5. SERVICE STANDARDS.
Consultant agrees to provide the services as required by paragraph lA based on the
following standards for service:
A. Consultant shall seek to provide building inspections within twenty-four hours
after the City's Community Development Department receives a request for
inspection during normal business days.
B. Plan reviews shall be completed within ten working days after the Community
Development Department receives a request for plan review.
6. INSURANCE.
The Consultant shall at all times carry professional liability insurance, worker's
compensation insurance, public liability and property damage insurance, and automotive public
liability and property damage insurance within 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 Consultant.
8. PROHIBITION AGAINST CONTIGENT 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, girl or any other consideration, contingent upon or resulting from the
award or making of this Agreement unless approved by the City Manager of the City of
Aventura.
9. TERMINATION.
This Agreement may be terminated by the Consultant upon fourteen (14) days' written
notice with cause and upon 180 days written notice without cause. This Agreement may be
terminated by the City upon fourteen (14) days' written notice with cause and upon 120 days
written notice without cause.
If this Agreement is terminated, the Consultant shall be paid for all reasonably acceptable work
performed and pertinent expenses up to the date of termination. In the event of termination
without cause or upon City's notification of its intention not to renew this contract no later than
150 days prior to this Agreement's scheduled termination date, the fee sharing arrangement
described in paragraph 2A above shall be modified as follows:
City share Consultant share
Fifth month immediately preceding the termination date 40% 60%
Fourth month immediately preceding the termination date 50% 50%
Third month immediately preceding the term/nation date 60% 40%
Second month immediately preceding the termination date 70% 30%
First month immediately preceding the termination date 80% 20%
As of the beginning of the five month termination period described above, Consultant's scope of
work shall be reduced as follows. Consultant will not be required to provide inspection services
on any projects where Consultant did not previously perform the plan review; provided however
City may contract with Consultant pursuant to separate agreement to perform plan review
services during these five months period on as needed basis
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 finns to perform
the same or similar services for the benefit of the City within the City's sole and absolute
discretion.
11. 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 warrants and represents that at all times during the term of tiffs
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. ATTORNEYS' FEES.
In the event any party hereto institutes litigation or arbitration to enforce its rights or
remedies hereunder, the party prevailing in such litigation or arbitration shall be entitled to an
award for costs incurred in connection with such litigation or arbitration.
14. NOTICES.
All notices and communications to the City shall be in writing and shall be deemed to
have been property given if transmitted by registered or certified mail, postage pre-paid, or hand
delivery. All notices and communications shall be effective upon receipt. Notices shall be
addressed as follows:
CITY:
CONSULTANT:
Eric M. Soroka
City Manager
City of Aventura
Government Center
19200 West Country Club Drive
Aventura, Florida 33180
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:
C.A.P. Engineering Consultants, Inc.
CITY
City of Aventura
19200 West Country Club Drive
Aventura, Florida 33180
By: .~ F -- ~////
Approved: ~ ~.
City Attorney
EXHIBIT "A"
Job Classifications: The following job classifications will be staffed with a minimum of five
(5) certified persons:
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.
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.
Mechanical, Fire Sprinkler, Plumbing and Electrical Officials are delegated
power by the Building Official to enforce the South Florida Building Code to
interpret the Code requirements of their respective trades. Plans Examiners in
reviewing permit applications remains with Miami Dade County Fire
Engineering.
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