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2017-29782 Reso RESOLUTION NO. 2017-29782 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AUTHORIZING, AS A SOLE SOURCE PURCHASE PURSUANT TO SECTION 2-367(d) OF THE MIAMI BEACH CITY CODE, THE PURCHASE OF UTILITY SERVICES FROM FLORIDA POWER & LIGHT COMPANY, ATLANTIC BROADBAND, AND AT&T INC., FOR THE UNDERGROUNDING OF EXISTING OVERHEAD UTILITIES THE AT ALTOS DEL MAR PARK LOCATED AT 7600 COLLINS AVENUE, IN THE AMOUNT OF $206,688. WHEREAS, on April 13, 2016, the City Commission adopted Resolution No. 2016-29340, approving execution of an Underground Easement, to provide Florida Power & Light Company (FPL) and other utilities a non-exclusive underground easement at the Altos Del Mar Park located at 7600 Collins Avenue, for the construction, operation and maintenance of underground utilities within the 10 foot wide easement along the western portion of Atlantic Way, between 76th Street and 77th Street; and WHEREAS, the City established and recorded a non-exclusive 10' wide utility easement in a total area of approximately 3,000 square feet, running along the west side of Atlantic Way, in order to provide FPL, Atlantic Broadband and AT&T Inc. ("AT&T") with the ability to construct, operate and maintain their facilities; and WHEREAS, prior to the start of the City's construction of the Altos Del Mar Park Project, anticipated to commence in the Summer of 2017, the existing overhead utilities must be placed underground in order to remove obstructions within the park and allow for the park improvements; and WHEREAS, on June 20, 2016, Atlantic Broadband submitted a binding cost estimate in the amount of $17,950, for the engineering and construction costs to relocate existing aerial Cable TV facilities along Atlantic Way; and WHEREAS, on January 9, 2017, FP&L submitted engineering drawings and a binding cost estimate in the total amount of $149,579(including work request numbers CD74229761, CD74229791 and CD67954451), for the overhead-to-underground conversion of FPL utilities along Atlantic Way between 75th and 77th Streets; and WHEREAS, on February 16, 2017, AT&T submitted a budget proposal in the amount of $39,159, for the overhead-to-underground conversion of AT&T utilities located within Atlantic Way between 76th and 77th Street; and WHEREAS, in order to proceed with the undergrounding of the existing FPL, AT&T and Atlantic Broadband facilities, the Administration is requesting the authorization of the above stated expenditures, in the total amount of$206,688. NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY COMMISSION Of THE CITY OF MIAMI BEACH, FLORIDA that the Mayor and City Commission hereby authorize, as a sole source purchase pursuant to Section 2-367(d) of the Miami Beach City Code, the purchase of utility services from Florida Power & Light Company, Atlantic Broadband and AT&T, Inc. for the undergrounding of existing overhead utilities at the Altos Del Mar Park located at 7600 Collins Avenue, in the amount of$206,688. PASSED and ADOPTED this / day of /afck- , 2017. • ATTEST: PHILIP I;: VI , MAYOR / , `, / MX JI7 f ,e r RAFAEL E. GRANADO, CITY CLE ' ,., ^,, v1-,, ..k ' APPROVED AS TO FORM&LANGUAGE &FOR EXECUTION Old ' /, ir 7-- C' Attomey r 1 Date Resolutions - R7 Q MIAMI BEACH COMMISSION MEMORANDUM TO: Honorable Mayor and Members of the City Commission FROM: Jimmy L. Morales, City Manager DATE: March 1, 2017 SUBJECT: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AUTHORIZING, AS A SOLE SOURCE PURCHASE PURSUANT TO SECTION 2.367(d) OF THE MIAMI BEACH CITY CODE, THE PURCHASE OF UTILITY SERVICES FROM FLORIDA POWER & LIGHT COMPANY, ATLANTIC BROADBAND, AND AT&T INC., FOR THE UNDERGROUNDING OF EXISTING OVERHEAD UTILITIES THE AT ALTOS DEL MAR PARK LOCATED AT 7600 COLLINS AVENUE, IN THE AMOUNT OF $206,688. RECOMMENDATION The Administration recommends adopting the Resolution. ANALYSIS On April 13, 2016, the City Commission approved Resolution No 2016-29340, authorizing the City Clerk to execute an underground easement Agreement for Florida Power& Light Company (FPL), to grant FPL a Non-Exclusive underground easement at the Altos Del Mar Park property, located at 7600 Collins Avenue, for the operation and Maintenance of the Associated underground utilities within the 10 foot wide easement along the western portion of Atlantic Way, between 76th Street and 77th Street. The City established and recorded a non-exclusive 10'wide utility easement (Exhibit A) in a total area of approximately 3,000 square feet, running along the west side of Atlantic Way, in order to provide FPL, Atlantic Broadband and AT&T with the ability to construct, operate and maintain their facilities. Prior to the start of the City's construction of the Altos Del Mar Park Project, anticipated in the Summer of 2017, the existing overhead utilities must be placed underground in order to have an unobstructed park, and to allow for the park improvements. On June 20, 2016, Atlantic Broadband submitted, a binding cost estimate in the amount of $17,950, for the engineering and construction costs to relocate existing aerial Cable TV facilities along Atlantic Way(Exhibit B). Page 790 of 1025 On January 9, 2017, FP&L submitted, engineering drawings and a binding cost estimate in the total amount of $149,579. The services include work request numbers CD74229761, CD74229791 and CD67954451 for the overhead to ' rground converE'on of their utilities along Atlantic Way between 75th and 77th Streets (Exhibit C). On February 16, 2017, AT&T submitted a budget proposal in the amount of $39,159 for converting their overhead utilities, located within Atlantic Way between 76th and 77th Street, to underground (Exhibit D). In order to proceed with the undergrounding of the existing FPL, AT&T and Atlantic Broadband facilities, the Administration is requesting the authorization of the above stated expenditures, in the total amount of$206,688. CONCLUSION The Administration recommends that the Mayor and City Commission adopt the Resolution authorizing the expenditures for the above stated work. KEY INTENDED OUTCOMES SUPPORTED Build And Maintain Priority Infrastructure With Full Accountability Amount 1 $206,688 Account 1 383-0820-067357-26-410-546-00-00-00- 22750 2003 G.O. Bonds-Parks& Recreation Legislative Tracking Capital Improvement Projects ATTACHMENTS: Description o Exhibit A Underground Easement o Exhibit B -Atlantic Broadband o Exhibit C - FPL Estimate o Exhibit D-AT&T Estimate o Resolution Page 791 of 1025 °"" t'—:t 7J(/ 0 Work Request No. UNDERGROUND EASEMENT ;Attachment A Sec.02,Twp 53S, Rge 42E (BUSINESS) CFI-4 2017R009278.3 Parcel I.D.02-3202-00-40-0410 This Instrument Prepared By OR BK. 30425 F'9s 111-113 (3Pas)) (Maintained by County RECORDED 1.12/1,''111 1;56:1)1 Appraiser) Name: Brian T.Bellino.PSM DEED DOC TAX $0.60 Co.Name: City of Miami Beach SURTA). $0.45 Address: 1700 Convention Center Dr HARVEY RUV'IN. CLERl. OF COURT Miami Beach.Florida 33139 MIAMI -LALL COUNTY! FLORIDA The undersigned, in consideration of the payment of $1.00 and other good and valuable consideration, the adequacy and receipt of which is hereby acknowledged, grant and give to Florida Power & Light Company, its affiliates, licensees, agents, successors, and assigns ("FPL"), a n d o t h e r p u b l i c utilities, including but not limited to electrical , t e l e p h o n e , a n d c a b l e a non-exclusive easement forever for the construction, operation and maintenance of underground utility facilities (including cables, conduits, appurtenant equipment, and appurtenant above- ground equipment) to be installed from time to time; with the right to Reserved for Circuit Court reconstruct, improve, add to, enlarge, change the voltage as well as the size of, and remove such facilities or any of them within an easement described.as follows: See Sheet L1 and L2 attached Together with the right to permit any other person, firm, or corporation to attach or place wires to or within any facilities hereunder and lay cable and conduit within the Easement Area and to operate the same for communications purposes; the right of ingress and egress to the Easement Area at all times; the right to clear the land and keep it cleared of all trees, undergrowth and other obstructions within the Easement Area; the rignt to trim and cut and keep trimmed and cut all dead, weak, leaning or dangerous trees or limbs outside of the Easement Area, which might interfere with or fall upon the lines or systems of communications or power transmission or distribution; and further grants,to the fullest extent the undersigned has the power to grant, if at all, the rights hereinabove granted on the Easement Area, over, along, under and across the roads, streets or highways adjoining or through said Easement Area. IN WITNESS WHEREOF,the undersigned has signed and sealed this instrument on FP46rLlG t /3 , 20/7 :fir Signed,sealed and delivered in the presence of: r t Cit Af tVtiamt Beach ' f • 1"/ , t (Wit .. .Signet e) �� B), Li L'1 `•0:). s '' ' Print Name: • e. ....�4 q ( . .print f r e f sP l Rill? i()t 41.-)../ c---b(---) 9Q (Witness'Signature) ', i : I. i"QPQ OB.v f.:, Print Name: \ S AVS OP< 1 e. /� �l II �/�'� 4 (Witness) %T.�76.'' •••-•••'';Rafael E. Granoi lo,City Clerk rry "J:3-.5:..-J.- 4 ct j Z PI JS`x . s ,--- STATE OF Fiord ct AND COUNTY OF PI ilo in t�G(e The foregoing instrument was acknowledged before me this /3 day of Fe 6rc(4 r v , 20(1 by Phi/t�P 1-.e V i n-.2... ,the Pri U dr- • of h1i A i Bead/) a I'ri1+h)'C)'(�G�)ri) ,who is personally known to me or has produced as identification, an• who did (did not) take an oath. (Type of Identification) O My Commission Expires: - ._ �` 10"•,. y� UUACARDILLO No ry Public,Signature * MY COMMISSION ll FF 155322 ��'� EXPIRES:August 27,2018 ! Print Name '1 t" -` Bonded The Notary Pubric Underwrders --_—__ APPROVED ,9'Oj`';�r- FORM & N" IA . `N\, .FORE CUTigly . ' :1! $ e ,\ . t 4 it ,,,:, ,ii, Page 792 of 1025 . Q j'+, ,, City Attorney Date- - j l _ Li-----1 1-1 i- � � _ -- 78T ST (I- —, S fflO MI i---- -011111111111 W - . . ' 77TH ST 0 .--1---0 1------1Z MN �,_ - U _ —z ° ----Id 1111111 H1.11111 -_.__1 11111 J = O 76TH ST WA F- i MI9.- Q 75TH ST LOCATION SKETCH NOT TO SCALE LEGAL DESCRIPTION BEING A EASEMENT 10 FEET IN WIDTH, LYING EASTERLY OF AND ADJACENT TO THE EASTERLY LINE OF LOTS 1, 2, 3, 4, 5, AND LOT 6, BLOCK 10, "CORRECTED PLAT ALTOS DEL MAR NO.1", ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT 800K 31, PAGE 40, OF THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, SAID EASEMENT ALSO LYING IN A PORTION OF GOVERNMENT LOT 2, SECTION 2, TOWNSHIP 53 SOUTH, RANGE 42 EAST, CITY OF MIAMI BEACH, MIAMI-DADE COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: CONTAINING 3,000 SQUARE FEET MORE OR LESS. a E z 5' i al g Y � THIS LEGAL DESCRIPTION (SHEET L-1) IS NOT IFULL AND COMPLETE WITHOUT THE SKETCH i OF DESCRIPTION (SHEEj.-L 2.)T o `' ' 0 BRIAN T. BELLING a it DicT , !g!! CITY SURVEYOR MANAGE 1 \ -?� PROFESSIONAL SURVEY() 4O MA _ sNO 4973/ t\ ! ��I. #.... t: 3 1 APPROVED REVISED TITLE: OCEAN FRONT L-I PUBLIC WORKS DEPARTMENT FPL EASEMENT PROJECT No. 1100 CONVENTION CENTER CANE,WW1 BEACH,P.AMA RIV1 T BEL:E3,P511 Pag) 793 of 10 SM-20168 OR ELK 3042 PG 113 LAST PAGE= >k LOT 6.BLOCK 71 • LOT 6,BLOCK e CORRECTED PLAT ALTOS DELMAR No 1' I „TI p • 'CORRECTED?LAT ALTOS OEL MAR 1 .t' " r ` i (Re 37,P.G.40) / (P.B.�1,P.G.40) 't-• ; ak`#�..„4:,...,.,....:,, ..= r$ :i i,ir cr `i i I}'S.TGtE .t.'.\S` �Yr'-�' i I— '` � -- -- - ,------F-,.... 501.TNER.Y 0 GN7 OF WAY LINE . : A : '- '''' ,.f• F2 TO CCC .u�. ""2 ` r tt M T15417tl1)STREE I '` 14-41 r 1 G 58 n2 t I d G 'NITOS TE 0 I. _... ITT 1.3 Y•51"[_ • ,jam:... , N.,"G51 S 513.151' 125 OCT.P1 .. Gw�ec_ ee+w�-C ,,.. y .1 e COG.Lot I.?TOG r0 ' .OPeC nc¢.,1 G:Alc;:rrz• - LOT �E ^• `-' 7' BLOCK 7 4 LOT i o • .#1:,:-. ''';45-',.'::;;2f:i.:',.:,'-ite i BLOCK 10 ri,. a7 ori ._ _— — x • Ff.'7 c «qt.t {i � /, B LOT 2 C u� s BLOCK10o BLOCK 7 F "``'1-• , z ` •Q s z LEGEND [ s.,� , :• 3• '— c, a �.og P.O.C. POINT OF COMMENCEMENT ▪ t , o f, 2 i s B 09 P.0.9. POINT OF BEGINNING o,a r, a m R/W RIGHT CF WA'( E� ‘6'd ° a 8 6' O P? LoY s R RADIUS ' yy $ LOT 3 J a w a BLOCK 7 ARC LENGTH b ° 'td . d BLOCK ID < _ R o j7 0 j < A H 3, CA CENTRAL ANGLE ''';??..I';/ 0° - - a ' < Q 3 2 p m Q g m CB CHORD BEARING a s z w a z a ° CD CHORD DISTANCE G., : L-' N ,7 Q .° °8—w— — pG PAGE , �7,. o — — — =' y N 3 ,J PB PLAT BOOK ;';,.i'.' •'',',7":-., ' . - w 2 w' Q 6 It CCCL COASTAL �� Q /, CE t ' CALCULATED DIMENSION C�$ �• O Ib•' E ' O (C) PLAT DIMENSION • `'��i ' '' BLOCK 10 CLai-4 < A BLOCK 7 i5� SURVEY DIMENSION L SURVEY BY OTHERS x 7 >; /I: * (SEE NOTE N0.3) `'r7 x3 j — • x+ a„S a, LOT 5 7 6',../,x„A,„, a . +c :"3 t4a BLOCK 10 FL3 �OC2 K 7 1� - > Tsi, � ; � � A 4 ' 31 : ly.'c"' r7 s+ l L— _�- .. 'v 4 '' :0 00 ,f 1.1.5.02'�I f2G0'di fi, ld )t'"t 1 1 L CY �A. �,�. � - .._ ;ten '"� '# 1n•4011rrC t E ' ¢> ?- A w L. 'ARI / € t L`�""t' LOT 6 A LOT 6 / C t,' 187 nG', BLOCK 7 /!J / BLOCK 10 / i • La t t 51.COP.COT G 8100010 %' SW COP WT1 CCL W ��� fn. f WAR 187.08 2 .5 oP(CI cop.) fJ 1� 3'.., cG — , -t Sal 8711 M • fi ' ff... # 'ri. �REF0REMC£BEARING 3 rb ^`,. ' ffi� $°;fif J. NORTHERLY 7.74c OF WAY UNE sf?„..Ta 7�, $?ep x"`,fi tvi . sr ^, @ 4 BOVOAMIVHyEA{7giK1$1REST 1 ,sou Lr +.c� Fa4v- } 1 .a. . !;:',-.‘,,,:",.‹,:43-:-P- :air )b•Oa'I f L M1S-tY(CY - T€2 a o�-�:,tra•ve �,s c e tt7 I r• r I - ... p. ----'''''''''',3'''.:13"7:A4-7.1.4.; '.'":••wirfitliktilmrzfl-,.-Mtitt44-9,,L.!;' ..2=4...,y1r7.-.0_,..,-.,?7'.;;J41r.....,i'w,. , _4,..i.,,,,,f-0,*-vi-sit € SKETCH OF DESCRIPTION . SCALE:1"=60' (8.5"X11" SHEET) 0 W —' SURVEYOR'S NOTES: ag� t. THE SKETCH IS NOT A SURVEY. THIS NOTE IS REQUIRED BY RULE 5J-17.053(5)(b) FAC. o. 2. BEARING SHOWN HEREON ARE BASE UPON FLORIDA STATE PLANE COORDINATE SYSTEM, EAST ZONE HAD THE SKETCH OF DESCRIPTION (SHEET L-2) 1983/90, REFERENCED TO THE NORTHERLY RIGHT-OF-WAY LINE OF BOUGAINVILLEA (76TH) STREET WHICH IS NOT FULL AND COMPLETE WITHOUT THE BEARS 587'08'11"W. LEGAL DESCRIPTION (SHEET 1-1) 0 3. THE LEGAL DESCRIPTION AND SKETCH OF WAS PREPARED BY THE SIGNING SURVEYOR. HOWEVER THIS SKETCH WAS INTEGRATED WITH MAPPED FEATURES SURVEYED BY OTHERS. MAP OF BOUNDARY SURVEY AND TOPOGRAPHIC SURVEY. PREPARED FOR THE CITY OF MIAMI BEACH, PREFORMED BY JOSE SENAS, PSM/j5938 d LONGITUDE SURVEYORS,LLC., W 48th STREET, SUITE 310 DORAL, FLORIDA 33166 PHONE:(305)463-0912 WITH SURVEYORS AUTHORIZATION OF USE DATED 01/25/2016. REQUIRED BY RJLE 5J-17.051(3)6.,13. ***��...� `_ "�.(�_( 4. THIS SKETCH OF DESCRIPTION IS NOT VALID WITHOUT THE SIGNATURE AND THE ORIGINAL RAISED SEAL OF BRIAN T. BELLING DATE FLORIDA LICENSED SURVEYOR AND MAPPER. CITY SURVEYOR MANAGER PROFESSIONAL SURVEYOR AND MAPPER NO.4973 i' A I ,` .,,Ai } Y =1r1 APPROVED REVISED TALE OCEAN FRONT L-2 ii• PUBLIC WORKS DEPARTMENT €TS FPL EASEMENT PROJECT No. 1700 CONYENT1CAI CENTER CRIVEUTA.550001,FL.3uts IM BR1 BELUT1O,PRY Pa I' 794 of 102 SM-20168 Attachment B , ENGLNEERING PLANT RELOCATION COSTS ATLANTIC broadband Date: 6/20/16 Project Name: Altos Del Mar Engineering Charges: $17,950.00 Project Contact: Carla Dixon To: City Miami Beach Contact Number: 305-673-7071 1700 Convention Center Dr. Project Address: 76th St to 77th St Atlantic Way Miami Beach,FL 33139 Atlantic Broadband(ABB)has received,a request from you(or your company)to perform the following work: The relocation of existing aerial CATV facilities on Altos Del Mar.All engineering costs, labor & materials are included in these costs up to release of project for construction.This includes a drafted conduit design. Engineering and drafting will not begin until this payment is received. 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 Supervisor 1681 Kennedy Causeway North Bay Village,FL 33141 (ture Edwin Zambrana Construction Supervisor Atlantic Broadband • • Page 795 of 1025 Attachment C Work Request Charges Quotation FPL-Power Systems To: CARLA DIXON Quote Number: CD74229761 7605 COLLINS AVE Description: QUOTE FCI-. CJIRECTIONAL BORE, OPEN MIAMI BEACH, FL 33141 TRENCH,AND CONDUIT INSTALLATION TO TLN = 8-7760-6297-0-2 RELOCATE EXISTING OH POLE LINE Quote Date: 1/9/2017 Preferred Option: Yes No. Payments: Project: Quotation Details Due Unit Before Description Refundable? Cost Quantity Total Work Paid Lump Sum No 84,338.00 1 84,338.00 Y Charges Due Before Work Starts: 84,338.00 Tax: 0.00 a✓ �r��_ _ Subtotal: 84 338.00 Charges Due On Completion: 0.00 Tax: 0.00 Subtotal: 0.00 Total Charges: 84,338.00 Total Tax: 0.00 Total Including Tax: 84,338.00 Total Refundable: 0,00 Total Non-Refundable: 84,338,00 Page 796 of 1025 Work Request Charges Quotation FPL-Power Systems To: CARLA DIXON Quote Number: CD74229791 7605 COLLINS AVE " —cription: QUOTE FOP UG WORK, CABLE PULLING, MIAMI BEACH, FL 33141 TERMINATIONS, TX, SECONDARY TO TLN = 8-7760-6297-0-2 MAINTAIN SERVICE TO EXISTING CUSTOMERS AND RELOCATE RISER POLE Quote Date: 1/9/2017 Preferred Option: Yes No. Payments: Project: Quotation Details Due Unit Before Description Refundable? Cost Quantity Total Work Paid Lump Sum No 45,530.00 1 45,530.00 Y Charges Due Before Work Starts: 45,530.00 Tax: 0.00 Subtotal: 45,530.00 Charges Due On Completion: 0.00 Tax: 0,00 Subtotal: 0.00 Total Charges: 45,530.00 Total Tax: 0.00 Total Including Tax: 45,530.00 Total Refundable: 0.00 Total Non-Refundable: 45,530.00 Page 797 of 1025 Work Request Charges Quotation FPL-Power Systems To: CARLA DIXON Quote Number: CD67954451 7605 COLLINS AVE DrAcription: OVERHEAD WORK QUOTE, REMOVE MIAMI BEACH, FL 33141 EXISTING POLE LINE, INSTALLATION OF POLE TLN = 8-7760-6297-0-2 AND NEW DE POLE Quote Date: 1/9/2017 Preferred Option: Yes No. Payments: Project: Quotation Details Due Unit Before Description Refundable? Cost Quantity Total Work Paid Lump Sum No 19,711.00 1 19,711.00 Y Charges Due Before Work Starts: 19,711.00 Tax: 0.00 Subtotal: 19,711.00 Charges Due On Completion: 0.00 Tax: 0.00 • Subtotal: 0.00 Total Charges: 19,711.00 Total Tax: 0.00 Total Including Tax: 19,711.00 Total Refundable: 0.00 Total Non-Refundable: 19,711.00 Page 798 of 1025 --- �:9-.+ oENIC�1]CNNONnCPRooUa.i I-- „�nmeac�sgYy xc� 133?J15 412L n G iiwN °O o aW W 'M I z 1 a' C I; LY. Iv I J m y W w o; LYf Z U o ©-rvg a 3 o® a iii, di z 3 w :...,f42 ai- µ 8 Lu m z',+.?, S r2 e l W , E m m d F S : Vpw = r E-6 n < p a n Zpda jg 1' \ p jgo Q ¢n �a�pp / p 833'z 4 q 61 ,>i,._...„., -Lig.i =1E.`-','`11,E a it',M L 3 i.i 1 n I n o E,�Hzod pI' / r � — © 7:::-------:_---g—- ._.m € LS HILL _-- 25 , 15 OINdZ III 1.7.7--.-i-----.6.b... • i^ix_-..... :r.=::::-:a�m�:...._-r.__....�::: ._-_.-._- $ 1331 ggoFER:vuNE �p 1 ` - LLN 'a 1 1, I I i i '‘' ,,,'".,,,:?i:,•.:',,-. Fd s e r i i t sad i t . '- I i 4ti;; 4 4 8 I 1' ;'1 e I i / 00 I S r ai 1 1 .• / . ' /�, > i ,4D x ` 1 ' I 'i"-..,1.` .4 es 11 �. .—bs .rt i ____„.....i„.„.„...._____ I y I 1 t� La: Li IA \ C'S i I J ,\ \ • O Mr�ukltD soot al, _--_ . © ----__ l ��--.._._ ___amu«.., sc--------'/ .>x>..___ ---------"--4--N----- ____Jtw 133d1S u19L ° ! r-1 " 11iI `I " llgIl 111111 ! IT1rT1 n9 k • j I ( �jN; 1411 ill 11 1 3I 11 d P� .- 7 6 , 1 q '41.14-s- 1 -1-j' i-r : : . ,"I arc.. u 11111 9 ' (I, I}\,< �� i 1 11' 1 1 1 1 1 1 ] 1 1 enoPttLN� �.•• `—,_ mow_•-•_ r x __. r 1 ' 1133eLLS 1-11SL ___ \\ I' I Y: ''', i_l_i i'15 ,,, i ___ Page 799 of 1025 5 1"NM(,1]YNOII WHIM NCgnn I me NY AS NR1NNOYr1 Attachment D at&t February 16, 2017 City of Miami Beach Carla S. Dixon 1700 Convention Center Dr Miami Beach, FL 33139 RE: Relocate overhead telephone facilities to underground along Atlantic Way from 76th to 77th St., Miami Beach, FL: AT&T has received a request from you (or your company) to perform the following work: Relocate overhead telephone facilities'to underground along Atlantic Way from 76th to 77th St., Estimated quotation cost$39,158.59 Special construction charges apply. Engineering and Construction will not begin until the attached contract is signed by you or your authorized agent. The original signed contract must be received at the AT&T Southeast office address 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 305-222-8740. Sincerely, Joel Gonzalez P.E. 305-222-8740 AT&T Florida • Project # A00CMH9 Job Authority # 6MP08259A NOTE: Please associate the Project # above with the check or other form of payment. Return the original signed contract to: ATT Southeast 9101 SW 24th ST Miami, FL 33165 Attention:Joel Gonzalez Payment in full is required within thirty days after the date of the AT&T invoice for the charges associated with the work performed. Page 800 of 1025 iktt`teurs„.7. at&t SPECIAL CONSTRUCTION AGREEMENT Project#: A00CMH9 Customer Name: City of Miami Beach Authority: 6MP08259A Customer Number: 305-673-7071 AT&T Contact: Joel Gonzalez Work Site Address: 76 to 77 ST Atlantic Way Telephone#: 305-222-8740 This Special Construction Agreement("Agreement")is entered into by and between BellSouth Telecommunications,LLC.d/b/a AT&T Southeast("AT&T")and City of Miami Beach("Customer"). AT&T and Customer hereby agree to the following terms and conditions: 1. Tariffs/Guidebooks. This Agreement is subject to and controlled by the provisions of AT&T's tariffs/guidebooks as applicable and all such revisions to said documents as may 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("Special Construction"). 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/or guidebooks, if and as may be applicable, and in no event shall exceed Special Construction Charges paid by Customer to AT&T. 5. Severability. Any 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. Counterparts. This Agreement may be executed in one or more counterparts, each of which 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 Waiver. No consent or waiver, express or implied shall be deemed a consent to or waiver of any other breach of the same or any othea 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. Page 801 of 1025 at&t • 10. Modification. This Agreement constitutes the entire agreement between the parties and can only be changed in a writing or writings executed by both of the parties. Each of the parties forever waives all right to assert that this Agreement was the result of a mistake in law or fact. 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 legal 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 non- breaching party seek to enforce it rights through legal action, the prevailing party shall recover from the other party all costs and expenses incurred, including, but not limited to, reasonable attorneys'fees. 14. Authority. The signatories to this Agreement represent and warrant that they are duly authorized to execute this Agreement. 15. No Precedent. Except for the matters resolved and released herein, this Agreement is of no value and shall not be considered precedent for resolving any dispute that may arise in the future. 16. Changes in Scope of Work. The parties recognize that this is an 'Actual Cost' contract. A preliminary cost estimate has been provided. If the Customer initiates changes in the scope of the work after AT&T has provided this cost estimate or after executing this contract, the above cost estimate and this contract are null and void. A new cost estimate must be provided based on the new scope of work and a new contract entered. Additionally, in the event there exists a condition in the field that is different from the field conditions that existed at the time AT&T provided the quote or from the time the Customer executes the contract, AT&T shall bill and Customer shall pay any additional cost. Field conditions that may alter the cost associated with this work include, but are not limited to, conditions that exist below the surface of the ground and could not have been anticipated at the time of the price quote, above ground barriers, Acts of God affecting the progress or sequencing of the work, labor disputes and other conditions or circumstances that AT&T could not have reasonably anticipated at the time the cost estimate was provided. 17. Final Agreement. THIS AGREEMENT REPRESENTS THE ENTIRE AND FINAL EXPRESSION OF THE PARTIES WITH RESPECT TO THE SUBJECT MATTER HEREOF. 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 ANY PROVISION OF THIS AGREEMENT SHALL BE MADE, EXCEPT BY A WRITTEN AGREEMENT SIGNED BY BOTH PARTIES. Page 802 of 1025 • at&t 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 By By Joel Gonzalez Printed Name Printed Name By By Authorized Signature Authorized Signature Title Title OSPE Date Date 2-16-2017 Page 803 of 1025 at8tt EXHIBIT 1 DESCRIPTION OF SPECIAL CONSTRUCTION Relocate overhead telephone facilities to underground along Atlantic Way from 76th to 77th St.This work is dependent upon city of Miami Beach permit approval. • • Page 804 of 1025