2010-27521 Reso f-
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2010 -27521
RESOLUTION NO. G
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OFj THE CITY OF
MIAMI BEACH, FLORIDA, WAIVING, BY 5/7 VOTE, THE COMPETITIVE
BIDDING REQUIREMENT, FINDING SOCH WAIVER TO BE IN THE BEST
INTEREST OF THE CITY, AND APPROVING AND AUTHORIZING THE MAYOR
AND THE CITY CLERK TO XECUTE UTILITY CONSTRUCTION
AGREEMENTS FOR THE UNDERGROUND PLACEMENT OF ALL OVERHEAD
FACILITIES ALONG 22 STREET, FFOM COLLINS AVENUE TO PARK
AVENUE, WITH THE FOLLOWING UTILITIES OR THEIR
CONTRACTORS: AT &T, IN THE AMOUNT OF $63,720.00, AND ATLANTIC
BROADBAND, IN THE AMOUNT OF $35 FURTHER APPROVING AND
AUTHORIZING THE CITY MANAGER T EXECUTE AN AGREEMENT WITH
GULF COAST REAL ESTATE CONSUL ANTS, INC., (UTILITY CONTR ACTOR
FOR SPRINT), IN THE AMOUNT OF $1 ,955.64; WITH FUNDING AVAILABLE
FROM PREVIOUSLY APPROPRIATED UNDS IN THE CITY CENTER RDA
CAPITAL FUND 365. j
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WHEREAS, on July 28, 2004, the City Co mission approved Resolution No. 2004-
25652, approving a Professional Services Agreem nt for design services with MC Harry
Associates for the design of Collins Park, parki g lot, streetscape and the Rotunda
renovation (the Project), under the Master Plan originally prepared by Robert A.M. Stern
Architects, and
WHEREAS, on August 15, 2008, a Job Ord r Contracting construction contract for
the project was awarded to Metro Express, Inc., and 1 1
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WHEREAS, the Project was implemented in two phases in order to accommodate
work to the east and west of Collins Avenue, and
WHEREAS, the work to the east of Collins A enue was completed in !October 2009,
and the second phase of work (west of Collins Avenu -) is substantially complete, and
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WHEREAS, on September 15 2010, the Cit, Commission approved Resolution No.
2010- 27465, authorizing the execution of an and - rground utility duct bank installation
agreement with Florida Power & Light company (FPL) for the installation and maintenance of
conduit, underground duct bank, and a transformer the t will service Collins Park, and
WHEREAS, other utility companies which currently have facilities on existing utility
poles, AT &T, Atlantic Broadband, and Sprint, are a so required to remove their overhead
facilities and install these underground.
T:\AGENDA\2010 \October 27 \Consent \Collins Park -22nd Street Utility Agreements - RESO.doc
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NOW, THEREFORE, BE IT DULY RESOLVED; BY THE MAYOR AND THE CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA that the Mayor and
City Commission hereby waive, by 517 vote, the competitive bidding requirement,
finding such waiver to be in the best interet;of the City, and approve and authorize
the Mayor and City Clerk to execute utility construction agreements for the
22 underground placement of all overhead facilities along 22 Street, from Collins
Avenue to Park Avenue, with the following utilities or their contractors: AT &T, in the
amount of $63,720.00, and Atlantic Broadb nd, in the amount of $35,73 further
approving and authorizing the City Manager to execute an agreement with Gulf
Coast Real Estate Consultants, Inc., (utility contractor for Sprint), in the amount of
$19,955.64; with RDA funding available fr i m previously appropriated funds in the
City Center RDA Capital Fund 365.
PASSED AND ADOPTED this (27 day of 6er , 2010.
ATT T:
ALIA1--i.g. • 2
ROBERT E : PARCHER, CITY CLERK MA a I 11- RR A BOWE', AYOR
APPROVED AS TO
FORM & LANGUAGE •
* FOR-EXECUTION
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Da
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A t
T:\AGENDA\2010 \October 27 \Consent \Collins Park -22nd Street Utility Agreements - RESO.doc
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COMMISSION ITEM SUMMARY
Condensed Title:
A Resolution authorizing the Mayor and City Clerk to approve and authorize utility construction
agreements with AT & T, Atlantic Broadband and Sprint for the underground placement of all overhead
facilities along 22 Street from Collins Avenue to Park Avenue. Funding available from , previous
appropriated funds in the City Center RDA Capital Fund 365.
Key Intended Outcome Supported: 1
Ensure Well Designed, Quality Capital Projects.
Supporting Data (Surveys, Environmental Scan, etc.):
82.4% of Mid Beach residents surveyed rated the Maintenance of Parks as Excellent & Good compared
to 85.4% of residents in the city overall. This is an increasle of 5.7% overall from year 2007 to! 2009.
84.1% of Mid Beach residents surveyed rated Overall Quality of Life within the City of Miami Beach'as
Excellent & Good compared to 84.8 of residents in the city overall. This is an increase of 0.1% overall
from year 2007 to 2009.
Issue: 1
I Shall the City Commission adopt the Resolution? l I
Item Summary /Recommendation: 1
On September 15 2010 the City of Miami Beach commission passed a resolution !authorizing the
execution of an underground utility duct bank installation agreement with Florida Power &! Light Company
(FPL) for the installation and maintenance of conduit, underground duct bank, and a transformer that will
service Collins Park. Part of that agreement is for the elimination of utility poles located along 22 Street.
Other utility companies which currently have facilities on above mentioned utility poles,I AT &T, Atlantic
Broadband, and Sprint are also required to remove their overhead facilities and install these underground.
Separate agreements with each utility company are the necessary instruments to achieve these efforts.
The Administration recommends that the Mayor and City Commission hereby approve and authorize the
Mayor and the City Clerk to execute the Agreements with AT &T and Atlantic Broadband; and further
authorize the City Manager to execute an agreement with Gulf Coast Real Estate Consultants (Sprint), in
order to remove the existing overhead facilities and install these underground.
Advisory Board Recommendation:
CIPOC
Financial Information: Not applicable, no funding required.
Source of ,Amount f Account "' . Approved
Funds: 1 $119,409.64 365-2398-067357
2 '
4
� = Total $119,409.64
Fina ial Impact Summary:
City Clerk's Office Legislative Tracking: ! j
Maria Hernandez x2584
Sign -Offs: 1 1
Department Director Assistant City Manager City Manager
COC 1111111111 ''�i /7 :. JeviCo
T:\AGENDA\2010 \October 27 \Consent \Collins Park - 22nd Street Utility Agreements - SUMMARY.doc
MIAMI BEACH AGENDA ITEM C n
DATE 0 0
P, MIAMI
City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov
COMMISSION MEMORANDUM
TO: Mayor Matti H. Bower and Members of the City Commission
FROM: Jorge M. Gonzalez, City Manager lir .C.r Ac
DATE: October 27, 2010
SUBJECT: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, WAIVING, BY 517 VOTE, THE COMPETITIVE BIDDING
REQUIREMENT, FINDING SUCH WAIVER TO BE IN THE BEST INTEREST OF
THE CITY, AND APPROVING AND AUTHORIZING THE MAYOR AND THE CITY
CLERK TO EXECUTE UTILITY CONSTRUCTION AGREEMENTS FOR THE
UNDERGROUND PLACEMENT OF ALL OVERHEAD FACILITIES ALONG 22
STREET, FROM COLLINS AVENUE TO PARK AVENUE, WITH THE FOLLOWING
UTILITIES OR THEIR CONTRACTORS: AT &T, IN THE AMOUNT OF $63,720.00,
AND ATLANTIC BROADBAND, IN THE AMOUNT OF $35,734.00; FURTHER
APPROVING AND AUTHORIZING THE CITY MANAGER TO EXECUTE AN
AGREEMENT WITH GULF COAST REAL ESTATE CONSULTANTS, INC.,
(UTILITY CONTRACTOR FOR SPRINT), IN THE AMOUNT OF $19,955.64; WITH
FUNDING AVAILABLE FROM PREVIOUSLY APPROPRIATED FUNDS IN THE
CITY CENTER RDA CAPITAL FUND 365.
ADMINISTRATION RECOMMENDATION
Execute the Agreements and approve the funding.
FUNDING
Funding in the amount of $119,409.64 is available from ;the previously appropriated funds for
construction in the City Center RDA Capital Fund, account number 365- 2398 - 067357.
ANALYSIS
On July 28, 2004, MC Harry Associates was commiss by the City of Miami Beach to
provide design services for Collins Park, parking lot, streetscape and the Rotunda
renovation under the master plan originally prepared by Robert A.M. Stern Architects. The
project scope included renovations to Collins Park, the parking lot to the east of the park,
and adjacent streetscape improvements. A more detailed explanation of the three areas is
provided below:
• Collins Park
Renovation of the existing park which includes landscaping, irrigation, pedestrian
lighting, drainage, hardscape including but not limited to curbs, sidewalk, and ADA
ramps, renovation of the Rotunda building, and street furniture as described in the
Master Plan.
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Collins Park - 22nd Street - Utility Agreements
October 27, 2010
Page 2 of 3
• 21 Street Parking Lot (East of Collins Avenue)
Renovation of the existing parking lot, including new landscaping, irrigation, lighting,
drainage and proposed hardscape improvements including curbs, sidewalks, and ADA
ramps.
• Streetscape — 21 Street and 22 Street
Renovation of existing streetscape along 21 Street and 22 Street including
replacement of existing sidewalks, lighting, irrigation, landscaping, street paving,
drainage and waterline improvements.
• Streetscape — Park Avenue
Renovation of existing streetscape along Park Avenue between 21 Street and 22
Street including replacement of existing curb and sidewalks on west side of Park
Avenue, reconstruction of median including new landscaping and irrigation, and street
paving.
On August 15, 2008, a Job Order Contracting contract was awarded to Metro Express, Inc.
The project was implemented in two phases in order to accommodate work to the east and
west of Collins Avenue. The work to the east of Collins Avenue was completed in October
2009 and the second phase of work (Rotunda and Collins Park west of Collins Avenue) is
currently under construction with a final completion date for the Park scheduled for October
2010.
On September 15 2010 the City of Miami Beach Commission passed Resolution No. 2010-
27465 authorizing the execution of an underground utility duct bank installation agreement
with Florida Power & Light Company (FPL) for the installation and maintenance of conduit,
underground duct bank, and a transformer that will service Collins Park. This agreement
also includes the elimination of utility poles located along 22 Street and the relocation of
FP &L's overhead facilities to underground. The total cost to convert all aerial utilities to
underground along 22 Street adjacent to Collins Park is as follows:
FPL: $94,000
AT &T: $63,720
Atlantic Broadband: $35,734
Sprint: $19,960
Total $213,414
Other utility companies which currently have facilities on above mentioned utility poles,
AT &T, Atlantic Broadband, and Sprint are also required to remove their overhead facilities
and install these underground. The attached Agreements (Attachments A, B & C) are the
necessary instruments to achieve these efforts.
Attachment A pertains to AT &T and is dated September 21, 2010 in the amount of
$63,720.00. Attachment B pertains to Atlantic Broadband and is dated September 7, 2010
in the amount of $35,734.00, and Attachment C pertains to Gulf Coast Real. Estate
Consultants (utility contractor for Sprint) and is dated September 8, 2010 in the amount of
$19,955.64.
Collins Park - 22nd Street - Utility Agreements
October 27, 2010
Page 3 of 3
CONCLUSION
The Administration recommends that the Mayor and City Commission hereby approve and
authorize the Mayor and the City Clerk to execute the Agreements with AT &T and Atlantic
Broadband; and further authorize the City Manager to execute an agreement with Gulf Coast
Real Estate Consultants (Sprint), in order to remove the existing overhead facilities and install
these underground. Further, a 5/7 this waiver of the competitive bidding requirement will be
necessary relative to the agreements pertaining to the relocation of AT &T and Atlantic Broadband
utilities.
JMG /JGG /COC /GME /MH
T:IAGENDAl20101October 271Consent1Collins Park - 22nd Street Utility Agreements - MEMO.doc
Attachment A
at&t
September 21, 2010
City of Miami Beach
1700 Convention center Drive
Miami Beach, Fl 33139
c/o: Maria Hernandez CIP Office
RE :Relocate aerial facilities along 22nd St from Collins Ave to Park Ave. :
AT &T has received a request from you (or your company) to perform the following work:
Relocate aerial facilities along 22nd St from Collins Ave to Park Ave. No restoration to be
done, only temporary restoration. City to do all final restorations of street and sidewalks.
Special construction charges apply. Engineering and Construction will not begin until the
attached contract is signed by you or your authorized agent. The orlainal signed contract
must be received at the AT&T Southeast shown below before AT &T will proceed with
any work.
This quote is only valid for 60 days from the date of this letter. If I can be of further
assistance, please do not hesitate to contact me at 305 -222 -0932.
Since ,
ANDRES HERNANDEZ
305- 222 -0932
Network Services
AT&T Florida
Project it 7960231 Job Authority # 0MP06313B
NOTE: Please associate the Project # above with the check or other form of payment.
Return the original signed contract to:
ATT Southeast •
9101SW24 ST
MIAMI, FLORIDA 33165
<Attention: ANDRES HERNANDEZ
Payment in full is required within thirty days after the date of the AT&T invoice for
the charges associated with the work performed.
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SPECIAL CONSTRUCTION AGREEMENT
. Project #: 7960231 Customer Name: CITY OF MAIMI BEACH
Authority: 0MP06313B Customer Number: MARIA HERNANDEZ CIP'
AT &T Contact: ANDRES HERNANDEZ Work Site Address: 22 ST FORM COLLINS
AVE TO PARK AV
Telephone #: 305- 222 -0932
This Special Construction Agreement ( "Agreement") is entered into by and between BellSouth
Telecommunications, Inc. d/b/a AT&T Southeast ( "AT&T") and CITY OF MAIM BEACH ( "Customer ").
AT&T and Customer hereby agree to the following terms and conditions:
1. Tariffs. This Agreement is subject to and controlled by the provisions of AT &T's tariffs and all such
revisions to said tariffs as raay be made from time to time.
2. Special Construction. This Agreement is for the special construction as further described
on Exhibit 1, attached hereto and incorporated herein by this reference ( "Speda!
Construction "). As consideration for the Special Construction, Customer shall pay to AT &T
$63,720.00 ("Special Construction Charges"). Payment in full Is required within thirty
days after AT &T issues an invoice to the Customer for the Special Construction
Charges.
3. Early Termination. Should Customer terminate or cancel this Agreement prior to the
completion of construction, Customer shall remain liable for the Special Construction
Charges. Customer acknowledges and agrees AT &T shall incur substantial up -front costs in
connection with its performance under this Agreement and that damages in the event of such
early termination or cancellation are not readily ascertainable and that in such event of early
termination payment of the Special Construction Charges is reasonable. Customer further
acknowledges and agrees that it hereby waives any right to contest such payment of the
Special Construction Charges for any reason, including, but not limited to reasonableness of
the charges, quality of the work, or timeliness of the work. •
4. Limitation of Liability. AT &T's maximum liability arising in, out of or in any way connected
to this Agreement shall be as set forth in the tariffs and in no event shall exceed Special
Construction Charges paid by Customer to AT &T.
5. Severab lity. Any y provision of this Agreement held by a court of competent jurisdiction to be
invalid or unenforceable shall not impair or Invalidate the remainder of this Agreement and
the effect thereof shall be confined to the provision so held to be invalid or unenforceable
6. Successors and Assigns, This Agreement is binding upon and shall inure to the benefit of
the parties and their respective successors and assigns.
7. Countema s, Th1 Agreement may be execufedin one or more counterparts, each
when so executed shall be deemed to be an original, but all of which when taken together •
shall constitute one and the same Instrument.
8. Effect of Waive No consent or waiver, express or implied shall be deemed a consent to or
waiver of any other breach of the same or any other covenant, condition or duty.
9.. Headings. The headings, captions, and arrangements used in this Agreement are for
convenience only and shall not affect the interpretation of this Agreement.
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10. Modification. This Agreement constitutes the entire agreement between the parties and :n
• • only be changed In a writing or writings executed by both of the parties. Each of the pa es •
• forever waives all right to assert that this Agreement was the result of a mistake in law orf ct.
11. Interpretation. The parties agree that this Agreement shall not be interpreted in favor or
against either any party. The parties further agree that they entered into this Agreement after
conferring with legal counsel, or after having a reasonable opportunity to confer with 1 gal
counsel.
12. Applicable Law. This Agreement shall be governed and interpreted in accordance with the
• laws of the State of _ Florida , without regard to _Florida 's conflict of law •
principles.
13. Attorneys' fees. If either party materially breaches this Agreement and should the on-
breaching party seek to enforce it rights through legal action, the prevailing party s a[i
recover from the other party all costs and expenses incurred, including, but not limit to,
reasonable attorneys' fees.
14. Authority. The signatories to this Agreement represent and warrant that they are my
authorized to execute this Agreement.
15. No Precedent. Except for the matters resolved and released herein, this Agreement Is no
value and shall not be considered precedent for resolving any dispute that may arise in the
future.
16. Final Agreement. THIS AGREEMENT REPRESENTS THE ENTIRE AND Fl AL
EXPRESSION OF THE PARTIES WITH RESPECT TO THE SUBJECT MATTER HERE F.
THIS AGREEMENT MAY NOT BE CONTRADICTED BY EVIDENCE OF PRIOR,
CONTEMPORANEOUS OR SUBSEQUENT ORAL AGREEMENTS OF THE PARTIES;
THERE ARE NO UNWRITTEN ORAL AGREEMENTS BETWEEN THE PARTIES. NO
MODIFICATION, RESCISSION, WAIVER, RELEASE OR AMENDMENT OF NY
PROVISION OF THIS AGREEMENT SHALL BE MADE, EXCEPT BY A WRI EN
AGREEMENT SIGNED BY BOTH PARTIES.
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IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by their
duly authorized representative on the dates set forth below. This quote is only valid for 60 days
from the date of this letter.
CUSTOMER AT &T Southeast
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By By Andres Hernandez
Printed Name Printed = e
By By I /r
Authorized Signature Au 1 '"%razed ' igna ' 40
Title Title Resources Manager
Date Date September 21, 2010
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EXHIBIT 1
DESCRIPTION OF SPECIAL CONSTRUCTION
Relocate all AT &T aerial facilities along 22nd St from Collins Ave to Park Ave, into underground
system. Will be placing two traffic grade handholes, one pedestrian grade handhole and 1408' of
4" pvc conduit, via open trench process. No final restoration IA be done either in the street or
sidewalk. Only temporary patch of street or sidewalk will be done. City has agreed to do the final
restoration on the sidewalk and the streets that are affected by AT &T's work..
•
Attachment B
PLANT RELOCATION
ATLANTIC AUTHORIZATION . &
broadband
Date: September 7, 2010 Project Name: 22 St. Relo Park to Co ' s
Relocation Charges: $35,734.00 Project Contact Maria Hernandez
To: City of Miami Beach Contact Number: 305- 673 -7071
1701 Meridian Ave. Project Address: 22" St. Relo Park to Co ' s
Miami Beach, FL 33139 Authorization Signature:
Atlantic Broadband (ABB) has received a request from ou (or your company) to perform the fo win
C ) Y� Y p Y} lre g
work:
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Relocate the existing CATV overhead facilities running east to west on the south
side of 22 ° St. for approximately 700 feet. We will relocate our existing overhead
facilities to an acceptable underground location.
Engineering and Construction will not begin until this signed agreement with advanced pa ent is
received. Please sign this authorization form in the space provided and rehun it with your advance
payment, to the address listed below. In order to insure that your payment is processed correctly and the
work is scheduled in a timely manner, it is important that you list the project name listed above on your
check and return this form with your advanced payment to:
Atlantic Broadband
Attn: Construction Manager
1681 Kennedy Causeway
North Bay Village, FL 33141
This quote is only valid for 30 days from the date listed above. .
01 Contact the following ABB individuals
if you have any questions
11/ 7gpature
David McBride David McBride -- Constructi6n Mgr.
Construction Manager 305 -861 -8069 ext 3204
Atlantic Broadband
Dave Conkle - Tech Ops. Director
305- 861 -8069 pxt 3201
Attachment C
2123 South Philippe Avenue - _ .
. .(0 GcnEc
Gonzales, Louisiana 70737
Telephone: (225) 644 -1166
Gulf Coast Real Estate Consultants, LLC Telefax [225) 6 .487
Services Quote /Proposal
GCREC P #00401.00
PO Request To: GCREC P# 00404.01 •
Company City of Miami Beach September 8, 2010
• Contact Maria Hernadez Miami Beach DAS
Phone (305) 573 -7071 Site #FL6809
email: mariahernandez@miamibeachfl.gov
Tax ID Number - 72- 1419021
Please email your Purchase Oorder to: POS @gcrec.orn
RE: Miami Beach DAS — FL6809
GCFREC Project #10- 00404.01 -- 22 Ave. between Park and Collins
Scope of work is to remove the Sprint aerial cable . along 22n between Park and Collins
Avenues and place it underground in conduit* in accordance with all City of Miami Beach
requirements. Remove approximately 1,250 LF of aerial cable (from existing splice; ins all new
ducts; pull cable thru new ducts and re slash to poles as necessary; and, re- fusion splic= fiber to •
restore to service as required by agreements with City of Miami Beach and FPL. Docu ent the
changes with FPL as required.
Services - Description A ount
Labor and Material to relocate fiber optic cable along 22nd St. Between Park and $ 15,455.64
`Collins Avenues to underground duct work. Scope of work includes the
;directional boring and installation of new ducts and pull fiber optic cable thru new
`cfuc_tw_o_rk in accor_da_ _ _.
• Directional bore of 2 ea 2" HPDEpipes - approx. 165'
• Ground penetrating radar.. ..
• • _ Perform tie-in of 2 ea 2" HDPE pipes at HH
• Remove /Replace concrete sidewalk
- • Perform tie -in of 2 ea 2" HPDE pipes at existing riser pole
• Remove existing aerial fiber and pull out underground cable
• Splicing of 144 count fiber
• Pull cable back thru new /existinQpipe - approx 700 LF
• Compaction/Density Testing - (includes proctor and multiple lifts)
Professional Services - Engineering ' $ 2,000.00
_ _______ . Pr_ ojact_plannincand ___ _ . $ 2,500.00
� - Total $ 19,955.64 �!�
Your prompt attention to this proposal is greatly appreciated.
Other Locations:
28 Commerce Court • New Orleans, LA 70123 • Telephone [504) 733 -0899 • Telefax (504) 733 -5859
2150 Northwest Parkway, Suite N • Marietta, GA 30067 • Telephone [770) 272 -9220 • Telefax (770) 272 -9219
2870 Gessner Drive, Suite.0 -15 • Houston, TX 77080 • Telephone (713) 973-9101 • Telefax [713) 939 -1858