98-033 RESOLUTION NO. 98-33
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 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 COMMISSION OF THE
CITY OF AVENTURA, FLORIDA, THAT:
Section 1. The firm of C.AP. 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.
Section3. This Resolution shall become effective immediately upon its
adoption.
The foregoing Resolution was offered by Commissioner Rogers-Libert, who
moved its adoption. The motion was seconded by Commissioner Cohen, and upon
being put to a vote, the vote was as follows:
Commissioner Arthur Berger yes
Commissioner Ken Cohen yes
Commissioner Harry Holzberg yes
Commissioner Jeffrey M. Perlow yes
Commissioner Patricia Rogers-Libert yes
Vice Mayor Jay R. Beskin yes
Mayor Arthur I. Snyder yes
Resolution No. 98- 3.__3
Page 2
PASSED AND ADOPTED this 7th day of April~.~1998. I ~
,~THUR I. SN~DE~ MAYOR
ATTEST:
TERESA M. SMITH, CMC
CITY CLERK
APPROVED AS TO LEGAL SUFFICIENCY:
CITY A'~-ORN EY
CITY OF AVENTURA
AGREEMENT
FOR
BUILDING, PUBLIC WORKS AND ENGINEERING INSPECTION AND PLAN
REVIEW PROFESSIONAL CONSULTANT SERVICES
THIS AGREEMENT, made and entered into this F/ day of April, 1998 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, public works and engineering
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 ¥,". 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 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, reviews and applications.
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
and/or public works 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, April 7, 2000. 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
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Agreement, any and all such documents shall be delivered to the City by the
Consultant.
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.
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.
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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 City 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 60 days' written notice with or without
cause. If this Agreement is terminated, the Consultant shall be paid for all acceptable
work performed and reasonable pertinent expenses up to the date of termination.
10. NONEXCLUSlVE AGREEMENT.
The services to be provided by the Consultant pursuant to this Agreement shall
be nonexciusive 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.
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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 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. ATTORNEYS' FEES.
In connection with any litigation arising out of this Agreement, the City shall be
entitled to recover reasonable attorneys' 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 N.E. 191st Street, Suite 500
Aventura, Florida 33180
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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 N.E. 191st Street, Suite 500
Coral Gables, Florida 33134 Aventura, Florida 33180
By: Carlos A Penin, President ' ~"ff'~c bl. Soroka,~-~ ~¢a'~ager
Attest: ~/~ Attest: ~6¢~~2~/'
Teresa M. Smith, CMC
City Clerk
A p p rove d :~---~ ~/"~--¢L----~ .....
City Attorney
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EXHIBIT "A"
Job Classifications: The following job classifications will be staffed withVfive (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 enfome 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.
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