2018-30612 Resolution RESOLUTION NO. 2018-30612
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF
THE CITY OF MIAMI BEACH, FLORIDA, APPROVING AND
AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE
A PHASE 1A WITH JOHNSON CONTROLS, INC., PURSUANT
TO REQUEST FOR QUALIFICATIONS (RFQ) NO. 2017-119-KB,
RELATING TO DEVELOPING A CITYWIDE LIGHTING MASTER
PLAN, FOR A NOT TO EXCEED AMOUNT OF $1,863,895.
WHEREAS, on June 7, 2017, the City Commission approved the issuance of Request
for Qualifications No. 2017-119-KB for Smart City Street Lighting System Design, Build,
Operate, and Maintain (the RFQ); and
WHEREAS, at its October 31, 2017 meeting, the City Commission approved Resolution
2017-30077, accepting the recommendation of the City Manager, pursuant to the RFQ and
authorized the Administration to enter into negotiations with Johnson Controls, Inc., as the top
ranked proposer; and
WHEREAS, Johnson Controls, Inc. had proposed a $3,600,000 contract to design, build
operate, and maintain a smart lighting system for the City of Miami Beach; and currently, the
City does not have a dedicated funding source for the project; and
WHEREAS, since the RFQ award was approved prior to the appointment of certain City
Commissioners, the City Commission recommended that the contract be referred back to the
Finance and Citywide Projects Committee (FCWPC) in order to provide more information on the
"Smart City" concept; and
WHEREAS, at the direction of the FCWPC, the Smart City project was placed on the
April 5, 2018 G.O. Bond Workshop committee agenda, in order to be further evaluated for
budget and funding purposes; and
WHEREAS, during the April 20, 2018 FCWPC meeting, the Committee made a motion
to proceed with reviewing the scope of services of the proposed agreement with Johnson
Controls, and perhaps splitting the scope of services into two parts; and
WHEREAS, during the June 29, 2018 FCWPC meeting, the Committee discussed the
Johnson Controls, Inc. agreement in further detail, and recommended bi-furcating the scope of
services into two (2) phases: a Master Plan Concept Design Phase, which Phase has funding
available in the City's budget ($1,800,000); and a Design Development Phase, which is
currently not funded, but is proposed in the G.O. Bond, and which second phase could be
negotiated at a later date; and
WHEREAS, at its July 25, 2018 meeting, the City Commission approved a 7th Budget
Amendment request to fund Phase I of the "Scope of Services" for the Citywide Lighting Master
Plan, and the request to appropriate $1,800,000, primarily through the transfer of funds from
existing projects; and for Phase II of the project (construction and maintenance) to be potentially
funded, contingent upon the voter approval of the G.O. Bond question on the November 6, 2018
ballot; and
WHEREAS, The Phase 1A Scope of Services to the Johnson Control, Inc. agreement,
which would allow for the development of a Smart City Lighting Master Plan, is recommended
for approval.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City
Commission hereby, approve and authorizing the Mayor and City Clerk to execute a Phase
1A with Johnson Controls, Inc., pursuant to Request For Qualifications (RFQ) No. 2017-119-KB,
relating to developing a Citywide Lighting Master Plan, for a not to exceed amount of
$1,863,895.
PASSED and ADOPTED this 14th day of November 2018.
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MIAMI BEACH
COMMISSION MEMORANDUM
TO: Honorable Mayor and Members of the City Commission
FROM: Jimmy L. Morales, City Manager
DATE: November 14, 2018
SUBJECT: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, APPROVING AND AUTHORIZING THE MAYOR AND
CITY CLERK TO EXECUTE A PHASE 1A WITH JOHNSON CONTROLS, INC.,
PURSUANT TO REQUEST FOR QUALIFICATIONS (RFQ) NO. 2017-119-KB,
RELATING TO DEVELOPING A CITYWIDE LIGHTING MASTER PLAN, FOR A
NOT TO EXCEED AMOUNT OF $1,863,895.
RECOMMENDATION
The Administration recommends approving the Resolution
ANALYSIS
On June 7, 2017, the City Commission approved the issuance of Request for Qualifications (the
RFQ) No. 2017-119-KB for Smart City Street Lighting System-Design, Build, Operate, and
Maintain. The RFQ was released on June 14, 2017, with an opening date of August 14, 2017. A
preproposal conference to provide information to the proposers submitting a response was held on
June 23, 2018.
The City received proposals in response to the RFQ from the following nine 9)firms:Airis USA, LLC;
Ameresco, Inc.; Citelum US, Inc.; Horsepower Electric, Inc.; Johnson Controls, Inc., MasTec North
America, Inc.; Miami Beach Smart Lighting Partners; Noresco, LLC; and Siemens Industry, Inc.
On July 26, 2017, via LTC #382-2017, the City Manager appointed the Evaluation Committee (the "
Evaluation Committee"), which convened on August 23, 2017 to consider the proposals submitted.
The Evaluation Committee's rankings were as follows: (1)Johnson Controls, (2) Miami Beach Smart
Lighting Partners; ( 3) Horsepower Electric, Inc.; (4) Noresco, LLC; 5) Citelum US, I n c '( 6 ),
Ameresco, Inc.; ( 7) MasTec North America, Inc.; (8) Siemens Industry, Inc.; and ( 9)Airis USA, LLC.
At its October 31, 2017 meeting, the City Commission approved Resolution No. 2017-30077,
accepting the recommendation of the City Manager, pursuant to RFQ 2017-119-KB, for Smart City
Street Lighting System-design, build, operate, and maintain; authorizing the Administration to enter
into negotiations and execute the contract with Johnson Controls, Inc., as the top ranked proposer.
Since this item was approved prior the appointment of current City Commission elective officials, a
referral to the Finance and Citywide Projects Committee (FCWPC) was placed by the April 5, 2018
G.O. Bond Workshop Committee, to further evaluate budget funding and the actual project
At its April 20, 2018 meeting, the FCWPC discussed whether the agreement with Johnson Controls
Page 1394 of 1981
included authorizing any entity or agency to collect data the Administration was not aware of, and the
response was negative. The Committee then made a motion to proceed with the contract negotiation
and bring it back to Commission to approve the agreement for Phase 1 estimated at $3.6 million.
At its June 29, 2018 meeting, the FCWPC brought this item forth for additional discussion and the
option to break down the agreement into two (2) phases: a Master Plan Concept Design Phase and
a Design Development Phase. A motion was made by the Committee to move forward with the
bifurcated approach as outlines by the City Attorney: developing a master plan first, which already
has the funding and will add value and then have a checkpoint after that phase of work to then
proceed with design.
At its July 25, 2018 meeting, the City Commission approved a 7th Budget Amendment request to
fund Phase I of the project for the Citywide Lighting Master Plan and the request to appropriate $1.8
mullion, primarily through the transfer of funds from existing projects. The phase II of the project
(construction and maintenance) can potentially be funded contingent upon the approval of G.O. Bond
in November.
CONCLUSION
The Administration recommends approving and authorizing the Mayor and City Clerk to execute, in
the form attached to this Resolution, an agreement between the City and Johnson Controls, Inc., for
Smart City Street Lighting System — design, build, operate, and maintain, pursuant to RFQ
No. 2017-119-KB.
Legislative Tracking
Public Works
ATTACHMENTS:
Description
o PROFESSIONAL SERVICE AGREEMENT
o Resolution No. 2017-30077
o Resolution
Page 1395 of 1981
PROFESSIONAL SERVICES AGREEMENT
BETWEEN THE CITY OF MIAMI BEACH
AND
JOHNSON CONTROLS, INC.
PHAE 1A SERVICES FOR
SMART CITY STREET LIGHTING SYSTEM, PURSUANT TO
REQUEST FOR QUALIFICATIONS NO. 2017-119KB
This Professional Services Agreement (Agreement) is entered into this day of November,
2018, between the CITY OF MIAMI BEACH, FLORIDA, a municipal corporation organized and
existing under the laws of the State of Florida, having its principal offices at 1700 Convention
Center Drive, Miami Beach, Florida, 33139 (the City), and JOHNSON CONTROLS, INC., a
Wisconsin corporation, with an office at 15901 SW 29th Street #801 Miramar, Florida 33027
(Consultant).
SECTION 1
DEFINITIONS
Agreement: This Agreement between the City and Consultant, including any exhibits
and amendments thereto.
City Manager The chief administrative officer of the City.
City Manager's
Designee: The City staff member who is designated by the City Manager to
administer this Agreement on behalf of the City. The City Manager's
designee shall be the Public Works Department Director.
Consultant: For the purposes of this Agreement, Consultant shall be deemed to be an
independent contractor, and not an agent or employee of the City.
Services: All services, work and actions by the Consultant performed or undertaken
pursuant to the Agreement.
Fee: Amount paid to the Consultant as compensation for Services.
Proposal Documents: Proposal Documents shall mean City of Miami Beach Request for
Qualifications No. 2017-119KB for Smart City Street Lighting System,
together with all amendments thereto, issued by the City in contemplation
of this Agreement (the RFP), and the Consultant's proposal in response
thereto (Proposal), all of which are hereby incorporated and made a part
hereof; provided, however, that in the event of an express conflict
between the Proposal Documents and this Agreement, the following order
of precedent shall prevail: this Agreement; the RFP; and the Proposal.
Risk Manager: The Risk Manager of the City, with offices at 1700 Convention Center
Drive, Third Floor, Miami Beach, Florida 33139; telephone number (305)
673-7000, Ext. 6435; and fax number (305) 673-7023.
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Page 1396 of 1981
SECTION 2
SCOPE OF SERVICES
2.1 In consideration of the Fee to be paid to Consultant by the City, Consultant shall provide
the work and services described under the heading Phase 1A in Exhibit "A" hereto (the
Services).
Although Consultant may be provided with a schedule of the available hours to provide its
services, the City shall not control nor have the right to control the hours of the services
performed by the Consultant; where the services are performed (although the City will provide
Consultant with the appropriate location to perform the services); when the services are
performed, including how many days a week the services are performed; how the services are
performed, or any other aspect of the actual manner and means of accomplishing the services
provided. Notwithstanding the foregoing, all services provided by the Consultant shall be
performed in accordance with the terms and conditions set forth in Exhibit "A" and to the
reasonable satisfaction of the City Manager. If there are any questions regarding the services
to be performed, Consultant should contact the following person:
Roy Coley, Public Works Director
City of Miami Beach
1700 Convention Center Drive
Miami Beach, Fl 33139
2.2 Consultant's Services, and any deliverables incident thereto, shall be completed in
accordance with the timeline and/or schedule related to Phase 1A in Exhibit "A" hereto.
2.3 The following are exclusions, assumptions, exceptions and/or City responsibilities:
• Pricing estimate for inventory assumes 9,000 lights. Price will be adjusted if actual
inventory exceeds this amount.
• Current pricing excludes design of emergency and egress lighting systems.
• Pricing assumes that other than meter upgrades, no design modifications will be
required except replacement as necessary for the lighting circuits.
• The City will provide the Consultant's team with maps of the City owned, operated, and
maintained properties in scaled parcel maps or as-built drawings, either in PDF or CAD
form. This scope does not include work on lands owned, operated, and maintained by
private owners, nor does this scope include properties or public rights-of-way owned,
operated, and/or maintained by other local, county, and state jurisdictions outside of the
City of Miami Beach. It is also assumed this scope does not include the City leased-
spaces, building, or lands where the City is not the owner, operator, or maintainer.
• Assumes lighting for analysis is all City-owned light fixtures, and excludes utility-owned
lights and any other lights owned by other entities like state/county lights. Consultant
assumes that all lighting falling under the jurisdiction of the City is included in this effort.
This includes not only corridors, but all City-owned properties.
2.4 Execution of this Agreement only serves as notice to proceed with the scope of work
associated with Phase 1A, as referenced in Exhibit "A" attached hereto. The Phase 1B and
Phase 2 forms of contract will be negotiated between the parties utilizing Exhibit "A" attached
2
Page 1397 of 1981
hereto. Notwithstanding the foregoing or any other term of this Agreement, the City shall be
under no obligation to proceed with any work or services beyond those services contemplated in
Phase 1A of Exhibit "A", to this Agreement. Approval of any other work or services in Exhibit
"A," including without limitation Phase 1B and Phase 2, shall be subject to the prior approval of
the City Commission, which approval, if given at all, shall be at the City Commission's sole
discretion.
SECTION 3
TERM
The term of this Agreement (Term) shall commence upon execution of this Agreement by all
parties hereto, and shall have an initial term of twelve (12) months.
Notwithstanding the Term provided herein, Consultant shall adhere to any specific timelines,
schedules, dates, and/or performance milestones for completion and delivery of the Services,
as same is/are set forth in the timeline and/or schedule referenced for Phase 1A in Exhibit "A"
hereto.
SECTION 4
FEE
4.1 In consideration of the Services to be provided, Consultant shall be compensated
according to the price and payment terms referenced for Phase 1A in Exhibit "A" attached
hereto.
4.2 INVOICING
Upon receipt of an invoice, payment(s) shall be made within forty-five (45) days for that portion
(or those portions) of the Services satisfactorily rendered (and referenced in the particular
invoice).
Invoices shall include a detailed description of the Services (or portions thereof) provided, and
shall be submitted to the City at the following address:
City of Miami Beach
Public Works Department
1700 Convention Center Drive
Miami Beach, FL 33139
Attn: Roy Coley, Public Works Director
3
Page 1398 of 1981
SECTION 5
TERMINATION
5.1 TERMINATION FOR CAUSE
If the Consultant shall fail to fulfill in a timely manner, or otherwise violates, any of the
covenants, agreements, or stipulations material to this Agreement, the City, through its City
Manager, shall thereupon have the right to terminate this Agreement for cause. Prior to
exercising its option to terminate for cause, the City shall notify the Consultant of its violation of
the particular term(s) of this Agreement, and shall grant Consultant thirty (30) days to cure such
default. If such default remains uncured after thirty (30) days, the City may terminate this
Agreement without further notice to Consultant. Upon termination, the City shall be fully
discharged from any and all liabilities, duties, and terms arising out of, or by virtue of, this
Agreement, provided that Consultant shall be paid only for those Services satisfactorily
performed and accepted by the City prior to the effective date of such termination.
Notwithstanding the above, the Consultant shall not be relieved of liability to the City for
damages sustained by the City by any breach of the Agreement by the Consultant. The City, at
its sole option and discretion, shall be entitled to bring any and all legal/equitable actions that it
deems to be in its best interest in order to enforce the City's rights and remedies against
Consultant. The City shall be entitled to recover all costs of such actions, including reasonable
attorneys'fees.
5.2 TERMINATION FOR CONVENIENCE OF THE CITY
THE CITY MAY ALSO, THROUGH ITS CITY MANAGER, AND FOR ITS
CONVENIENCE AND WITHOUT CAUSE, TERMINATE THE AGREEMENT AT ANY
TIME DURING THE TERM BY GIVING WRITTEN NOTICE TO CONSULTANT OF
SUCH TERMINATION; WHICH SHALL BECOME EFFECTIVE WITHIN THIRTY (30)
DAYS FOLLOWING RECEIPT BY THE CONSULTANT OF SUCH NOTICE.
ADDITIONALLY, IN THE EVENT OF A PUBLIC HEALTH, WELFARE OR SAFETY
CONCERN, AS DETERMINED BY THE CITY MANAGER, IN THE CITY MANAGER'S
SOLE DISCRETION, THE CITY MANAGER, PURSUANT TO A VERBAL OR
WRITTEN NOTIFICATION TO CONTRACTOR, MAY IMMEDIATELY SUSPEND THE
SERVICES UNDER THIS AGREEMENT FOR A TIME CERTAIN (IN WHICH CASE
TIME FOR PERFORMANCE SHALL BE EXTENDED TO ACCOUNT FOR THE DELAY
CAUSED BY SUCH SUSPENSION), OR IN THE ALTERNATIVE, TERMINATE THIS
AGREEMENT ON A GIVEN DATE. IF THE AGREEMENT IS TERMINATED FOR
CONVENIENCE BY THE CITY, CONSULTANT SHALL BE PAID FOR ANY
SERVICES SATISFACTORILY PERFORMED UP TO THE DATE OF TERMINATION;
FOLLOWING WHICH THE CITY SHALL BE DISCHARGED FROM ANY AND ALL
LIABILITIES, DUTIES, AND TERMS ARISING OUT OF, OR BY VIRTUE OF, THIS
AGREEMENT.
5.3 TERMINATION FOR INSOLVENCY
The City also reserves the right to terminate the Agreement in the event the Consultant is
placed either in voluntary or involuntary bankruptcy or makes an assignment for the benefit of
creditors, In such event, the right and obligations for the parties shall be the same as provided
for in Section 5.2.
4
Page 1399 of 1981
SECTION 6
INDEMNIFICATION AND INSURANCE REQUIREMENTS
6.1 INDEMNIFICATION
Consultant agrees to indemnify and hold harmless the City of Miami Beach and its officers,
employees, agents, and contractors, from and against any and all third party actions (whether at
law or in equity), claims, liabilities, losses, and expenses, including, but not limited to,
reasonable attorneys' fees and costs, for personal, economic or bodily injury, wrongful death,
loss of or damage to property, arising from the negligent acts, errors, omissions or other
wrongful conduct arising from the negligent acts, errors, omissions or other wrongful conduct of
the Consultant, its officers, employees, agents, contractors, or any other person or entity acting
under Consultant's control or supervision, in connection with, related to, or as a result of the
Consultant's performance of the Services pursuant to this Agreement. To that extent, the
Consultant shall pay all such third party claims and losses and shall pay all such costs and
judgments which may issue from any lawsuit arising from such claims and losses, and shall pay
all costs and reasonable attorneys' fees expended by the City in the defense of such claims and
losses, including appeals. The Consultant expressly understands and agrees that any insurance
protection required by this Agreement or otherwise provided by the Consultant shall in no way
limit the Consultant's responsibility to indemnify, keep and save harmless and defend the City or
its officers, employees, agents and instrumentalities as herein provided. Notwithstanding
anything to the contrary contained herein, neither Consultant nor the City of Miami Beach will be
responsible to the other for any special, indirect, or consequential damages, including but not
limited to loss of use of lost profits.
The parties agree that one percent (1%) of the total compensation to Consultant for
performance of the Services under this Agreement is the specific consideration from the City to
the Consultant for the Consultant's indemnity agreement. The provisions of this Section 6.1 and
of this indemnification shall survive termination or expiration of this Agreement.
6.2 INSURANCE REQUIREMENTS
The Consultant shall maintain and carry in full force during the Term, the following insurance:
1. Consultant General Liability, in the amount of$1,000,000;
2. Consultant Professional Liability, in the amount of$200,000; and
3. Workers Compensation & Employers Liability, as required pursuant to Florida Statutes.
The insurance must be furnished by insurance companies authorized to do business in the
State of Florida. All insurance policies must be issued by companies rated no less than "B+•" as
to management and not less than "Class VI" as to strength by the latest edition of Best's
Insurance Guide, published by A.M. Best Company, Oldwick, New Jersey, or its equivalent.
All of Consultant's certificates shall contain endorsements providing that written notice shall be
given to the City at least thirty (30) days prior to termination, cancellation or reduction in
coverage in the policy. The insurance certificates for General Liability shall include the City as
an additional insured and shall contain a waiver of subrogation endorsement.
Original certificates of insurance must be submitted to the City's Risk Manager for approval
(prior to any work and/or services commencing) and will be kept on file in the Office of the Risk
Manager. The City shall have the right to obtain from the Consultant specimen copies of the
5
Page 1400 of 1981
insurance policies in the event that submitted certificates of insurance are inadequate to
ascertain compliance with required coverage.
The Consultant is also solely responsible for obtaining and submitting all insurance certificates
for any sub-consultants.
Compliance with the foregoing requirements shall not relieve the Consultant of the liabilities and
obligations under this Section or under any other portion of this Agreement.
The Consultant shall not commence any work and or services pursuant to this Agreement until
all insurance required under this Section has been obtained and such insurance has been
approved by the City's Risk Manager.
SECTION 7
LITIGATION JURISDICTION/VENUE/JURY TRIAL WAIVER
This Agreement shall be construed in accordance with the laws of the State of Florida. This
Agreement shall be enforceable in Miami-Dade County, Florida, and if legal action is necessary
by either party with respect to the enforcement of any or all of the terms or conditions herein,
exclusive venue for the enforcement of same shall lie in Miami-Dade County, Florida. By
entering into this Agreement, Consultant and the City expressly waive any rights either party
may have to a trial by jury of any civil litigation related to or arising out of this Agreement.
SECTION 8
LIMITATION OF CITY'S LIABILITY
The City desires to enter into this Agreement only if in so doing the City can place a limit on the
City's liability for any cause of action, for money damages due to an alleged breach by the City
of this Agreement, so that its liability for any such breach never exceeds the sum of $10,000.
Consultant hereby expresses its willingness to enter into this Agreement with Consultant's
recovery from the City for any damage action for breach of contract to be limited to a maximum
amount of$10,000.
Accordingly, and notwithstanding any other term or condition of this Agreement, Consultant
hereby agrees that the City shall not be liable to the Consultant for damages in an amount in
excess of $10,000 for any action or claim for breach of contract arising out of the performance
or non-performance of any obligations imposed upon the City by this Agreement.
Nothing contained in this section or elsewhere in this Agreement is in any way intended to be a
waiver of the limitation placed upon the City's liability, as set forth in Section 768.28, Florida
Statutes.
6
Page 1401 of 1981
SECTION 9
DUTY OF CARE/COMPLIANCE WITH APPLICABLE LAWS/PATENT RIGHTS; COPYRIGHT'
AND CONFIDENTIAL FINDINGS
9.1 DUTY OF CARE
With respect to the performance of the work and/or service contemplated herein, Consultant
shall exercise that degree of skill, care, efficiency and diligence normally exercised by
reasonable persons and/or recognized professionals with respect to the performance of
comparable work and/or services.
9.2 COMPLIANCE WITH APPLICABLE LAWS
In its performance of the work and/or services, Consultant shall comply with all applicable laws,
ordinances, and regulations of the City, Miami-Dade County, the State of Florida, and the
federal government, as applicable.
9.3 PATENT RIGHTS; COPYRIGHT; CONFIDENTIAL FINDINGS
Any work product arising out of this Agreement, as well as all information specifications,
processes, data and findings, are intended to be the property of the City and shall not otherwise
be made public and/or disseminated by Consultant, without the prior written consent of the City
Manager, excepting any information, records etc. which are required to be disclosed pursuant to
Court Order and/or Florida Public Records Law.
All reports, documents, articles, devices, and/or work produced in whole or in part under this
Agreement are intended to be the sole and exclusive property of the City, and shall not be
subject to any application for copyright or patent by or on behalf of the Consultant or its
employees or sub-consultants, without the prior written consent of the City Manager.
SECTION 10
GENERAL PROVISIONS
10.1 AUDIT AND INSPECTIONS
Upon reasonable verbal or written notice to Consultant, and at any time during normal
business hours (i.e. 9AM — 5PM, Monday through Fridays, excluding nationally recognized
holidays), and as often as the City Manager may, in his/her reasonable discretion and
judgment, deem necessary, there shall be made available to the City Manager, and/or such
representatives as the City Manager may deem to act on the City's behalf, to audit, examine,
and/ or inspect, any and all other documents and/or records relating to all matters covered by
this Agreement. Consultant shall maintain any and all such records at its place of business at
the address set forth in the "Notices" section of this Agreement.
10.2 INTENTIONALLY DELETED
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Page 1402 of 1981
10.3 ASSIGNMENT, TRANSFER OR SUBCONSULTING
Consultant shall not subcontract, assign, or transfer all or any portion of any work and/or
service under this Agreement without the prior written consent of the City Manager, which
consent, if given at all, shall be in the Manager's sole judgment and discretion.
Notwithstanding the foregoing, the parties agree that Jacobs Engineering, Infinite Source
Communications, Hotwire Communications, Virginia Tech Transportation Institute, Levatas
and Evari Consulting are approved subcontractors. Neither this Agreement, nor any term or
provision hereof, or right hereunder, shall be assignable unless as approved pursuant to this
Section, and any attempt to make such assignment (unless approved) shall be void.
10.4 PUBLIC ENTITY CRIMES
Prior to commencement of the Services, the Consultant shall file a State of Florida Form PUR
7068, Sworn Statement under Section 287.133(3)(a) Florida Statute on Public Entity Crimes
with the City's Procurement Division.
10.5 NO DISCRIMINATION
In connection with the performance of the Services, the Consultant shall not exclude from
participation in, deny the benefits of, or subject to discrimination anyone on the grounds of
race, color, national origin, sex, age, disability, religion, income or family status.
Additionally, Consultant shall comply fully with the City of Miami Beach Human Rights
Ordinance, codified in Chapter 62 of the City Code, as may be amended from time to time,
prohibiting discrimination in employment, housing, public accommodations, and public
services on account of actual or perceived race, color, national origin, religion, sex,
intersexuality, gender identity, sexual orientation, marital and familial status, age, disability,
ancestry, height, weight, domestic partner status, labor organization membership, familial
situation, or political affiliation.
10.6 CONFLICT OF INTEREST
Consultant herein agrees to adhere to and be governed by all applicable Miami-Dade County
Conflict of Interest Ordinances and Ethics provisions, as set forth in the Miami-Dade County
Code, as may be amended from time to time; and by the City of Miami Beach Charter and
Code, as may be amended from time to time; both of which are incorporated by reference as if
fully set forth herein.
Consultant covenants that it presently has no interest and shall not acquire any interest,
directly or indirectly, which could conflict in any manner or degree with the performance of the
Services. Consultant further covenants that in the performance of this Agreement, Consultant
shall not employ any person having any such interest. No member of or delegate to the
Congress of the United States shall be admitted to any share or part of this Agreement or to
any benefits arising therefrom.
10.7 CONSULTANT'S COMPLIANCE WITH FLORIDA PUBLIC RECORDS LAW
(A) Consultant shall comply with Florida Public Records law under Chapter 119, Florida
Statutes, as may be amended from time to time.
8
Page 1403 of 1981
(B) The term "public records" shall have the meaning set forth in Section 119.011(12), which
means all documents, papers, letters, maps, books, tapes, photographs, films, sound
recordings, data processing software, or other material, regardless of the physical form,
characteristics, or means of transmission, made or received pursuant to law or
ordinance or in connection with the transaction of official business of the City.
(C) Pursuant to Section 119.0701 of the Florida Statutes, if the Consultant meets the
definition of"Contractor" as defined in Section 119.0701(1)(a), the Consultant shall:
(1) Keep and maintain public records required by the City to perform the service;
(2) Upon request from the City's custodian of public records, provide the City with a
copy of the requested records or allow the records to be inspected or copied
within a reasonable time at a cost that does not exceed the cost provided in
Chapter 119, Florida Statutes or as otherwise provided by law;
(3) Ensure that public records that are exempt or confidential and exempt from
public records disclosure requirements are not disclosed, except as authorized
by law, for the duration of the contract term and following completion of the
Agreement if the Consultant does not transfer the records to the City;
(4) Upon completion of the Agreement, transfer, at no cost to the City, all public
records in possession of the Consultant or keep and maintain public records
required by the City to perform the service. If the Consultant transfers all public
records to the City upon completion of the Agreement, the Consultant shall
destroy any duplicate public records that are exempt or confidential and exempt
from public records disclosure requirements. If the Consultant keeps and
maintains public records upon completion of the Agreement, the Consultant shall
meet all applicable requirements for retaining public records. AN records stored
electronically must be provided to the City, upon request from the City's
custodian of public records, in a format that is compatible with the information
technology systems of the City.
(D) REQUEST FOR RECORDS; NONCOMPLIANCE.
(1) A request to inspect or copy public records relating to the City's contract for
services must be made directly to the City. If the City does not possess the
requested records, the City shall immediately notify the Consultant of the
request, and the Consultant must provide the records to the City or allow the
records to be inspected or copied within a reasonable time.
(2) Consultant's failure to comply with the City's request for records shall constitute a
breach of this Agreement, and the City, at its sole discretion, may: (1) unilaterally
terminate the Agreement; (2) avail itself of the remedies set forth under the
Agreement; and/or (3) avail itself of any available remedies at law or in equity.
(3) A Consultant who fails to provide the public records to the City within a
reasonable time may be subject to penalties under s. 119.10.
(E) CIVIL ACTION.
(1) If a civil action is filed against a Consultant to compel production of public records
relating to the City's contract for services, the court shall assess and award
against the Consultant the reasonable costs of enforcement, including
reasonable attorney fees, if:
a. The court determines that the Consultant unlawfully refused to comply with
the public records request within a reasonable time; and
b. At least 8 business days before filing the action, the plaintiff provided written
notice of the public records request, including a statement that the
9
Page 1404 of 1981
Consultant has not complied with the request, to the City and to the
Consultant.
(2) A notice complies with subparagraph (1)(b) if it is sent to the City's custodian of
public records and to the Consultant at the Consultant's address listed on its
contract with the City or to the Consultant's registered agent. Such notices must
be sent by common carrier delivery service or by registered, Global Express
Guaranteed, or certified mail, with postage or shipping paid by the sender and
with evidence of delivery, which may be in an electronic format.
(3) A Consultant who complies with a public records request within 8 business days
after the notice is sent is not liable for the reasonable costs of enforcement.
(F) IF THE CONSULTANT HAS QUESTIONS REGARDING THE
APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE
CONSULTANT'S DUTY TO PROVIDE PUBLIC RECORDS
RELATING TO THIS AGREEMENT, CONTACT THE CUSTODIAN
OF PUBLIC RECORDS AT:
CITY OF MIAMI BEACH
ATTENTION: RAFAEL E. GRANADO, CITY CLERK
1700 CONVENTION CENTER DRIVE
MIAMI BEACH, FLORIDA 33139
E-MAIL: RAFAELGRANADO( MIAMIBEACHFL.GOV
PHONE: 305-673-7411
SECTION 11
NOTICES
All notices and communications in writing required or permitted hereunder, shall be delivered
personally to the representatives of the Consultant and the City listed below or may be mailed
by U.S. Certified Mail, return receipt requested, postage prepaid, or by a nationally recognized
overnight delivery service.
Until changed by notice, in writing, all such notices and communications shall be addressed as
follows:
TO CONSULTANT: Mary-Suzanne Powell
Area General Manager
Johnson Controls, Inc.
15901 SW 29th Street#801
Miramar, FL 33027
Marysuzanne.powell@jci.com
TO CITY: City of Miami Beach
1700 Convention Center Drive
Miami Beach, FL 33139
Attn: Jimmy Morales, City Manager
10
Page 1405 of 1981
City of Miami Beach
1700 Convention Center Drive
Public Works Department
Miami Beach, FL 33139
Attn: Roy Coley, Director
COPY TO: City of Miami Beach
1700 Convention Center Drive
Miami Beach, FL 33139
Attn: Raul Aguila, City Attorney
Notice may also be provided to any other address designated by the party to receive notice if such
alternate address is provided via U.S. certified mail, return receipt requested, hand delivered, or by
overnight delivery. In the event an alternate notice address is properly provided, notice shall be
sent to such alternate address in addition to any other address which notice would otherwise be
sent, unless other delivery instruction as specifically provided for by the party entitled to notice.
Notice shall be deemed given on the date of an acknowledged receipt, or, in all other cases, on the
date of receipt or refusal.
SECTION 12
MISCELLANEOUS PROVISIONS
12.1 CHANGES AND ADDITIONS
This Agreement cannot be modified or amended without the express written consent of the
parties. No modification, amendment, or alteration of the terms or conditions contained herein
shall be effective unless contained in a written document executed with the same formality and
of equal dignity herewith.
12.2 SEVERABILITY
If any term or provision of this Agreement is held invalid or unenforceable, the remainder of this
Agreement shall not be affected and every other term and provision of this Agreement shall be
valid and be enforced to the fullest extent permitted by law.
12.3 WAIVER OF BREACH
A party's failure to enforce any provision of this Agreement shall not be deemed a waiver of
such provision or modification of this Agreement. A party's waiver of any breach of a provision
of this Agreement shall not be deemed a waiver of any subsequent breach and shall not be
construed to be a modification of the terms of this Agreement.
12.4 JOINT PREPARATION
The parties hereto acknowledge that they have sought and received whatever competent advice
and counsel as was necessary for them to form a full and complete understanding of all rights
and obligations herein and that the preparation of this Agreement has been a joint effort of the
parties, the language has been agreed to by parties to express their mutual intent and the
11
Page 1406 of 1981
resulting document shall not, solely as a matter of judicial construction, be construed more
severely against one of the parties than the other.
12.5 ENTIRETY OF AGREEMENT
The City and Consultant agree that this is the entire Agreement between the parties. This
Agreement supersedes all prior negotiations, correspondence, conversations, agreements or
understandings applicable to the matters contained herein, and there are no commitments,
agreements or understandings concerning the subject matter of this Agreement that are not
contained in this document. Title and paragraph headings are for convenient reference and are
not intended to confer any rights or obligations upon the parties to this Agreement.
[REMAINDER OF THIS PAGE LEFT INTENTIONALLY BLANK]
12
Page 1407 of 1981
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by
their appropriate officials, as of the date first entered above.
FOR CITY: CITY OF MIAMI BEACH, FLORIDA
ATTEST:
By:
City Clerk City Manager
Date:
FOR CONSULTANT: JOHNSON CONTROLS, INC.
ATTEST:
By:
Print Name and Title Print Name and Title
Date:
F'w,nw�'.mrsemem?iohn+on wm,ou r iaiz-18doeaoe.
13
Page 1408 of 1981
EXHIBIT A — SCOPE OF SERVICES
Phase lA
1. Engagement Plan:
Consultant shall develop and implement an engagement plan for communicating with City of Miami Beach
stakeholders the need for smart street lighting; the benefits to the City of Miami Beach related to improved public
safety,equality of access,and revenue;and the preservation plan for unique neighborhood aesthetics.
The engagement plan will include the following:
One (1) Ideation Session with City of Miami Beach Staff, Public Safety Department,
Environmental and Sustainability Department, IT Department, and Finance
Department to discuss the plan and optimal areas of focus, key stakeholders,
and technology requirements to be held at 1755 Meridian Ave. Consultant's
responsibilities for the Ideation Session include: coordination of meeting, scheduling venue,
calendar invites, draft invitation letter, securing RSVP of additional agency
stakeholders, meeting material preparation, set up, breakdown and preparing
meeting summary. The day long ideation session will gather key city stakeholders in a facilitated
workshop setting to develop consensus around short-term and long-term priorities for implementation of
smart city infrastructure, applications and services. Initial exercises will focus on defining measures of
success and prioritizing needs based on importance to the City of Miami Beach. The workshop will then
evaluate and prioritize future smart city capabilities based on their impact to city operations (efficiency,
productivity,and cost)and impact on the community(services, safety, sustainability,and resilience). The
workshop will close with a discussion of next steps and required actions.
Organize maximum of ten (10) meetings with city representatives or stakeholders,
HOAs, and committees. Any additional Ideation sessions requested by the City
of Miami Beach will be billed on a Time and Material basis. This task will
involve Consultant securing a place on the Commission/Counsel meeting or Planning/Zoning
Board as an informational item. In order for Consultant to schedule meetings, the City of Miami Beach
will provide required information and assistance to be included on the agenda for the respective
meetings.Consultant's responsibilities for this task includes:
Project research and development of stakeholder list.
Identify and research technical groups and general public.
Develop participation list and outreach timeline.
Research and provide list of key stakeholders, agency representatives,
community groups, general public.
Coordination of meeting, scheduling venue, calendar invites, draft
invitation letter, securing RSVP of additional agency stakeholders,
14
Page 1409 of 1981
meeting material preparation, set up, breakdown and preparing
meeting summary.
Conduct six (6) Smart Street Lighting Plan informational presentation sessions
including experts from the Illumination Engineering Society, Johnson Controls
Lighting Engineers, Virginia Tech Transportation Institute experts, Connectivity Engineers from
Hotwire Communications, Jacobs, Levatas; facilitated by Infinite Source Communications.
Informational presentation sessions will be held at City of Miami Beach
determined locations on mutually agreed dates and times. To be held at Miami Beach
determined locations on mutually agreed dates and times-two in North Beach, two in Middle Beach and
two in South Beach. Consultant's responsibilities for the presentation sessions include:
identifying/securing meeting site, advertisements/announcements, sign-in sheets, name tags, audio
recording.
Technical Review Committee - Coordination, set up and follow-up. Conduct three (3) Technical Review
Sessions with appointed elected official representatives, technical experts, key stakeholders, and agency
representatives to discuss: Purpose and need (meeting 1); Alternatives (meeting 2); and Final plan
(meeting 3). Final Plan Meeting is held to receive feedback in conjunction with the public
Develop messaging to City of Miami Beach Residents on the need for smart street
lighting and technology infrastructure within the City of Miami Beach via
internet broadcasts, social media messaging, email, and mailed flyers;including
messaging on dates and locations for informational presentation sessions.
Develop and identify property commercial and residential owner list, confirm
contact information and property pull from Miami Dade Property search and
delivered electronically to the City.
Key Deliverables during this task:
Ideation Session with Recommendations to Implement in Phase 2
o Discussion items considered that will be promoted further, listed in
priority order;
o Discussion items considered and rejected with no further consideration;
o Qualitative matrixed evaluation scoring of each of the criteria outlined
in the Ideation Scope;
Informational& Key Stakeholder Presentation Sessions
o Copies of formal presentations for record purposes;
o Discussion items considered that will be promoted further, listed in
priority order;
o Discussion items considered and rejected with no further consideration;
• Smart Street Lighting Plan informational presentation sessions
15
Page 1410 of 1981
Technical Review Sessions
o Discussion items considered that will be promoted further, listed in
priority order;
o Discussion items considered and rejected with no further consideration;
Collateral and Messaging for Residents
o Copies of collateral that will be distributed to the Residents;
o Plan of the means and methods for messaging to the Residents;
2. Urban Liqhtinq Inventory
This Agreement covers work within the current boundaries of City of Miami Beach-
owned properties and corridors in which the City of Miami Beach controls, oversees,
and maintains all lighting equipment of conduit, fixtures, poles, and other power
supply equipment. The City of Miami Beach shall confirm city boundaries with
Consultant prior to work commencement.
Lighting Plan scope includes the following tasks:
Perform Urban Lighting Inventory
Phase la Project Execution plan /Timeline Perform Urban Lighting Inventory
Consultant shall complete an inventory of existing City of Miami Beach- and Florida
Power & Light-owned lighting pole/fixture locations and light fixture type for the 169
miles of City of Miami Beach roadways, along with municipal-owned landmarks,
buildings, structures, and public corridors within the public parks, City of Miami Beach
boardwalk, public schools and youth centers located within the City of Miami Beach
using the existing city database.
The following data will be collected(as applicable or available):
GPS location of each asset
Asset ID number(if present)
Asset owner(city or utility)
Pole type, height, and material
Arm type and material
Fixture type
Lamp type and wattage
Type of service (e.g. overhead, underground)
16
Page 1411 of 1981
Condition of pole/arm/fixture/lamp
Photos of each asset including any existing damage
Cross referencing existing database information for accuracy
Key Deliverables for Lighting Inventory:
Perform a 100% street lighting system inventory up to a maximum of 9,000 poles,
providing a Microsoft Excel workbook or CSV file containing the available data
points for each asset as described herein to the extent the data exists or can
reasonably be ascertained
3. Develop Citywide Lighting Standards
Once the inventory is completed, the Consultant will use the inventory of the existing urban lighting
system and the available data from City of Miami Beach's lighting photometric analysis to frame the development
of a citywide lighting standard.
This scope assumes the following land use types will fall within the boundaries of this
scope. The City of Miami Beach will confirm the inclusion of these land use types, or
others such as the City of Miami Beach owned, operated, and maintained property
within mixed-use land uses, prior to finalizing work plan and approaches by the
Consultant.
City of Miami Beach owned, operated, and maintained public right-of-way
corridors which contain the City of Miami Beach owned, operated, and
maintained lighting infrastructure.
City of Miami Beach owned, operated, and maintained site lighting around
buildings and facilities within Civic and Government Use and the Convention
Center District.
City of Miami Beach owned, operated, and maintained parking facilities and open
space within public right-of-way corridors, Civic and Government Use and
Convention Center District land uses, covering exterior lighting infrastructure.
The Consultant's approach to developing citywide lighting standards will utilize as a
governing standard the practices recommended by the Illuminating Engineering
Society of North America (IESNA) to address sustainable lighting strategies that
provide greater connectivity among the City of Miami Beach's specific neighborhoods,
historic districts, and targeted economic centers and will consider feedback received
from the public outreach in the Engagement Plan.
17
Page 1412 of 1981
This scope covers the development of lighting standards for the following zoning
districts:
Corridors—Arterial, Collector, Local(3 types)
Parking
Hospital District
Civic and Government Use/Parks
Convention Center District
Multifamily, Planned Residential Development Districts
Waterway Districts
The Consultant will also confirm areas of the City or zones deemed as economic
activation zones with the City of Miami Beach, or other areas where special
consideration must be given for lighting standards that are not covered above or
having overlapping zones such as historic districts, environment preservation areas, or
transit corridors. This scope assumes up to four (4) of these specialty lighting
standards will be developed.
The lighting standards will include the following information:
• Background and Purpose
c Vision
c Mission
o Guiding Principles or Goals
• Luminaire Specification
o Light sources
o Color temperature and color rendering index
o Luminaire specific attributes
• Lighting Design Criteria
o Introduction
o Zoning district classifications
o Lighting Design and calculation approach and requirements
o Specialty lighting standards
Preliminary Standards will include complete information as listed above. Final
standards will incorporate comments from Miami Beach on the Preliminary Standards
submittal.
18
Page 1413 of 1981
Key Deliverables for Citywide Lighting Standards:
Informational Meetings
Preliminary(50%)Citywide Lighting Standards
Final(100%)Citywide Lighting Standards
Lighting map to illustrate lighting zones and needs suitable for presentation to City stakeholders. Map to be
provided in an electronic format.
Lighting design criteria and luminaire specifications
4. Develop Urban Lighting Approach
Perform a Citywide lighting analysis to identify existing lighting levels and deficiencies.
Using this analysis, along with the development of citywide lighting standards, the
Consultant will apply these standards and research to develop a citywide plan to
upgrade the existing urban lighting system.
Key Deliverables during this task:
Submit preliminary Urban Lighting Analysis Report. Report will include:
o Street lighting inventory
o Analysis of existing lighting levels
o Identification of areas with deficient lighting compared to existing
national standards
Submit final Urban Lighting Analysis Report. Report will include:
o Street lighting inventory
o Analysis of existing lighting levels
o Identification of areas with deficient lighting compared to new Citywide
Lighting Standards
o Recommendations for lighting level changes to comply with new
Citywide Lighting Standards
5. Revenue Generation
Consultant will identify the preliminary costs for implementation and an indicative range of potential revenue
generation for smart city technologies and services. Potential revenue generating options include:
1. Leasing space on vertical assets — The market value for the City of Miami Beach's vertical assets (light
19
Page 1414 of 1981
poles) cannot be fully established until the Smart Street Lighting design, specification and Request for
Proposal documents are completed and market competitive proposals are received and evaluated
compared to the RFP. Per State Statute, the models will nominally reflect $150 annually per pole to
deploy small cell technology until such time that the City of Miami Beach advises otherwise.
2. Public WiFi—Utilizing the Smart Lighting grid wireless access could be made available. There are several
companies in the market that will operate this service for the right to sell advertising.
3. High speed data networks/streaming services— By including a fiber optic network in the Smart City plan
the city will have the potential to lease space for network. There are several scenarios that would
generate ongoing revenue for the City of Miami Beach.
4. Data APIs and Actionable Insights-The Design and Data teams anticipate, depending upon the design and
applications selected by the City of Miami Beach, an opportunity to market several distinct data sets to
local small businesses as well as corporations which consume such data and insights. These opportunities
with be presented to the City of Miami Beach for consideration however there will be no plans or
modeling for data collection without written direction from the City.
Preliminary Financial Plan and Models will include the following tasks:
Connectivity Monetization Strategy. The Consultant will perform a high-level assessment of wireless
connectivity in the City of Miami Beach, which will inform the basis for monetization from wireless
carriers from installation of network nodes associated with densification and future SG bu ildouts. The
Consultant will:
o Create a preliminary financial model based on monetization of network from wireless
carriers. This financial model will be based on a work product including a high level heat map
analysis of wireless network deficiencies in City of Miami Beach, conversations with wireless
carriers regarding wireless augmentation plans in City of Miami Beach, and internal network
analysis based on current small cell deployments.
Preliminary data monetization recommendations
c Identify candidate technologies, market data need, and best practices for aggregation, storage,
and syndication
o Identify target customers
o Connect data availability to potential use cases and business logic
o Establish short-term and long-term priorities for data usage
o Identify vendor list for audit based off use cases
o Evaluation all existing data sources, and data sources identified in the ideation session, for
opportunity value, data quality/availability,and ease of integration
Preliminary Financial Plan and Models will include the following tasks:
Data monetization recommendations
o Initiate negotiations with target customers
o Map out governance roadmap for data quality, master data management, and key governance
use cases
Updated Connectivity Monetization Strategy.
o Preliminary financial model based on monetization of network from wireless carriers. Financial
Model will include details regarding the estimated number of poles that are likely to be leased to
wireless carriers and an absorption model based on their network augmentation over the next
five(5)years.
During Phase la, Consultant will combine the cost and revenue forecasts into a preliminary financial model to
provide the City of Miami Beach with options for investment and revenue generation consistent with the City of
20
Page 1415 of 1981
Miami Beach budget and risk objectives.Consultant will work with the City of Miami Beach to secure non-binding
agreements for the revenue generating features that are included in the final design.
Key Deliverables for during these tasks:
• Submit Preliminary(Order of Magnitude) Revenue Generation Plan and Models
o Smart city applications/services with associated network requirements, estimated costs, and
revenues
o List of potential technologies and market value
o List of potential data customers
o Preliminary revenue forecast models
21
Page 1416 of 1981
•
RESOLUTION NO. 2017-30077
•
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, ACCEPTING THE RECOMMENDATION OF THE
CITY MANAGER, PURSUANT TO REQUEST FOR QUALIFICATIONS (RFQ)
NO. RFQ 2017-119-KB, SMART CITY STREET LIGHTING SYSTEM — •
DESIGN, BUILD, OPERATE, AND MAINTAIN; AUTHORIZING THE
ADMINISTRATION TO ENTER INTO NEGOTIATIONS WITH JOHNSON
CONTROLS, INC., AS THE TOP RANKED PROPOSER; AND, SHOULD THE
NEGOTIATIONS WITH JOHNSON CONTROLS, INC., FAIL, AUTHORIZING
THE ADMINISTRATION TO ENTER INTO NEGOTIATIONS WITH CITELUM
US, INC.,, AS THE SECOND HIGHEST RANKED PROPOSER; AND, SHOULD
NEGOTIATIONS WITH CITELUM US, INC., FAIL, AUTHORIZING THE
ADMINISTRATION TO ENTER INTO NEGOTIATIONS WITH MIAMI BEACH
STREET LIGHTING PARTNERS, AS THE THIRD HIGHEST RANKED
PROPOSER; AND FURTHER AUTHORIZING THE MAYOR AND CITY CLERK
TO EXECUTE AN AGREEMENT UPON CONCLUSION OF SUCCESSFUL
NEGOTIATIONS BY THE ADMINISTRATION.
WHEREAS, on June 7, 2017, the City Commission approved the issuance of Request
for Qualifications (RFQ) No. 2017-119-KB for Smart City Street Lighting System —Design, Build,
Operate,and Maintain; and
WHEREAS, the RFQ was released on June 14, 2017, with an opening date of August
14, 2017; and
WHEREAS, pre-proposal conference to provide information to the proposers submitting
a response was held on June 23, 2017; and
WHEREAS, the City received proposals in response to the RFQ from the following nine
(9)firms: Airis USA, LLC; Ameresco, Inc.; Citelum US, Inc.; Horsepower Electric, Inc.; Johnson
Controls, Inc.; MasTec North America, Inc.; Miami Beach Smart Lighting Partners; Noresco,
LLC; and Siemens Industry, Inc.; and
WHEREAS, on July 26, 2017, via LTC # 382-2017, the City Manager appointed the
Evaluation Committee (the "Evaluation Committee"), which convened on August 23, 2017 to
consider the proposals submitted; and
WHEREAS, the Evaluation Committee's rankings were as follows: (1) Johnson Controls,
Inc.; (2) Miami Beach Smart Lighting Partners; (3) Horsepower Electric, Inc.; (4) Noresco, LLC;
(5) Citelum US, Inc; (6) Ameresco, Inc.; (7) MasTec North America, Inc.; (8) Siemens Industry,
Inc.; and (9)Airis USA, LLC; and
WHEREAS, on October 23, 2017, the City Manager, as part of his due diligence in
making a recommendation for award to City Commission, requested that firms wishing to be
considered for award pursuant to the RFQ make oral presentations; and
WHEREAS, through the oral presentations conducted by the City Manager, the City
Manager personally heard from each of the proposers, asked questions of each of the
proposers, and was able to form his own impressions based on his review of the proposals and
the presentations made to the City Manager; and
Page 1417 of 1981 �
WHEREAS, based on the City Manager's due diligence, the City Manager has made a
recommendation that differs slightly from the rankings of the Evaluation Committee, but that the
City Manager believes is consistent with what a project of this sort will require, and which
reflects the City Manager's impression of the demonstrated experience and qualifications of
each proposer to move the City forward with improved lighting, proven Smart City technologies,
and resident engagement; and
WHEREAS, after review of the proposals and considering the presentations provided by
•
each firm, the City Manager concurs with the Evaluation Committee to the extent that it
recommended Johnson Controls as the best qualified firm for the project; and
WHEREAS, with respect to second and third ranked proposers, although the Evaluation
Committee has ranked Miami Beach Street Lighting Partners and Citelum US, Inc. as the
second and fifth ranked proposers, respectively; it is the City Manager's opinion that the Citelum
proposal has provided a combination of qualifications and technological approach that, while not
as favorable as Johnson Controls, the highest ranked proposer, would be better suited for the
City's requirements than that offered by Miami Beach Street Lighting Partners, a consortium of
five (5)firms, and particularly given the City Manager's concerns regarding Miami Beach Street
Lighting Partners approach to the deployment of the project and the consortium's approach to
its organizational line of authority among the five different firms; and
WHEREAS, for the reasons as specified in the Commission Memorandum
accompanying this Resolution, the City Manager has recommended that the Mayor and City
Commission authorize the Administration to enter into negotiations with Johnson Controls, Inc.,
as the top ranked proposer; and, should negotiations with Johnson Controls, Inc., fail, authorize
the Administration to enter into negotiations with Citelum US, Inc.,, as the second highest
ranked proposer; and, should negotiations with Citelum US, Inc., fail, authorize the
Administration to enter into negotiations with Miami Beach Street Lighting Partners, as the third
highest ranked proposer; further, authorize the Mayor and City Clerk to execute the agreement
with the successful firm.
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 accept the recommendation of the City Manager pertaining to the ranking
of proposals, pursuant to Request for Qualifications (RFQ) No. 2017-119-KB for Smart City
Street Lighting System — Design, Build, Operate, and Maintain; authorize the Administration to
enter into negotiations with Johnson Controls, Inc., as the top ranked proposer; and, should
negotiations with Johnson Controls, Inc., fail, authorize the Administration to enter into
negotiations with Citelum US, Inc.,, as the second highest ranked proposer; and, should
negotiations with Citelum US, Inc., fail, authorize the Administration to enter into negotiations
with Miami Beach Street Lighting Partners, as the third highest ranked proposer; and further
authorize the Mayor and City Clerk to execute an agreement upon conclusion of successful
negotiations by the Administration.
Page 1418 of 1981
PASSED AND ADOPTED this 3/ day of 06.44t r- 2017.
Philip Levin:
ATTEST• ��
in
Raf el E. ranad , ity Clerk
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✓ APPROVED AS TO
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Page 1419 of 1981
Resolutions - C7 E
MIAMI BEACH
COMMISSION MEMORANDUM
TO: Honorable Mayor and Members of the City Commission
FROM: Jimmy L. Morales, City Manager
DATE: October 31, 2017
SUBJECT A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, ACCEPTING THE RECOMMENDATION OF THE CITY
MANAGER, PURSUANT TO REQUEST FOR QUALIFICATIONS (RFQ) NO. RFQ
2017-119-KB, SMART CITY STREET LIGHTING SYSTEM — DESIGN, BUILD,
OPERATE, AND MAINTAIN; AUTHORIZING THE ADMINISTRATION TO ENTER
INTO NEGOTIATIONS WITH JOHNSON CONTROLS, INC., AS THE TOP
RANKED PROPOSER; AND, SHOULD THE NEGOTIATIONS WITH JOHNSON
CONTROLS, INC., FAIL,AUTHORIZING THE ADMINISTRATION TO ENTER INTO
NEGOTIATIONS WITH CITELUM US, INC.,,AS THE SECOND HIGHEST RANKED
PROPOSER; AND, SHOULD NEGOTIATIONS WITH CITELUM US, INC., FAIL,
AUTHORIZING THE ADMINISTRATION TO ENTER INTO NEGOTIATIONS WITH
MIAMI BEACH STREET LIGHTING PARTNERS, AS THE THIRD HIGHEST
RANKED PROPOSER; AND FURTHER AUTHORIZING THE MAYOR AND CITY
CLERK TO EXECUTE AN AGREEMENT UPON CONCLUSION OF SUCCESSFUL
NEGOTIATIONS BY THE ADMINISTRAT ION.
RECOMMENDATION
Adopt the Resolution.
ANALYSIS
In 2016, the City's Public Works Department completed the first step in the preparation of a Citywide
Street Lighting Master Plan by conducting a city-wide photometric analysis,In an effort to assess the
state of the City's current lighting system. Upon the completion of the photometric analysis, the
department found that large areas of the City were either over lit or under lit and that only 18.2%of
the City's roadways fall within the acceptable range for illuminance and uniformity when compared to
standards. In addition the study recommended the City should work with the industry to develop a
Lighting Master Plan that would define the City's lighting goals, Improve uniformity, and upgrade
ebsting lighting to LED and to improve operations and maintenance with the implementation of a
Computerized Maintenance Management System(CMMS).
In an effort to address the findings,follow recommendations,and to continue the department's efforts
for the preparation and implementation of a Citywide Street Lighting Master Plan the solidted for
Design, Build, Operation and Maintenance(DBOM)Services from qualified teams with eperience In
the design, construction, Implementation, integration, operation, maintenance, management, and
oversight of a Smart City street lighting system("the Project), starting with the creation of an overall
Smart City LED Street Lighting Conversion Master Plan to guide the vision and direction of the
Project The Smart City LED Street Lighting Conversion Master Plan should "future proof' the City
Page 35 of 390
Page 1420 of 1981
by planning for the integration of the smart services of tomorrow that the City can implement in a
phased approach. The design should apply the concepts of Lighting Master Plan to all elements of
the city smart lighting conversion and utilize the improved street lighting network as a platform to not
openplatform capable of integrating some of the existing smart
onlyitymanage its and other streetlights, but as eran p
city initiatives other smart city services such as smart parking,traffic management, air quality and
sound sensors, electrical vehicles charging stations, security cameras, etc., in an effort to upgrade
the City's urban lighting systems, to promote energy conservation, public safety, and economic
development; and to ensure the effective long-term operation, maintenance, and management of the
systems. The City may require a finance component, which will enable the systems upgrade,
operation, maintenance and management, while providing a pricing structure that meets the City's
cost and budget objectives.
RFQ PROCESS
On June 7, 2017, the City Commission approved the issuance of Request for Qualifications (RFQ)
No.2017-119-KB for Smart City Street Lighting System—Design, Build, Operate, and Maintain. On
June 14, 2017, the RFQ was issued, A voluntary pre-proposal conference to provide information to
the proposers submitting a response was held on June 23, 2017. RFQ responses were due and
received on August 14,2017.The City received proposals in response to the RFQ from the following
nine(9)fires:
• Aids USA, LLC
• Ameresco, Inc.
• Citelum US, Inc.
• Horsepower Electric, Inc.
• Johnson Controls, Inc.
• MasTec North America, Inc.
• Miami Beach Smart Lighting Partners
• Noresco, LLC
• Siemens Industry, Inc.
On July 26, 2017, the City Manager appointed the Evaluation Committee via LTC #382-2017. The
Evaluation Committee convened on August 23, 2017 to consider proposals received. The committee
was comprised of Roy Coley, Assistant Director, Public Works Department, City of Miami Beach;
David Martinez Director, Office of Capital Improvement Projects, City of Miami Beach; Margarita
Wells, Acting Director, Environment & Sustainability Department, City of Miami Beach and Ma
Zecchlnl, Interim Applications Division Director, Department of Information Technology, City of Miami
Beach. The Committee was provided an overview of the project, information relative to the City's
Cone of Silence Ordinance and the Government Sunshine Law. The Committee was also provided
with general information on the scope of services and a copy of each proposal. The Committee was
instructed to score and rank each proposal pursuant to the evaluation criteria established in the
RFQ. The evaluation process resulted in the ranking of proposers as indicated attachment A, in the
following order:
15t Johnson Controls, Inc.
2nd Miami Beach Smart Lighting Partners
3rd Horsepower Electric, Inc.
41h Noresco, LLC
5th Citelum US, Inc
6th Anieresco, Inc •
7th MasTec North America, Inc.
8th Siemens Industry, Inc.
9th Arts USA, LLC
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Furthermore, on October 23, 2017, the City Manager, as a part of his due diligence in making a
reconnirsndation for award to City Commission, requested presentations by firms wishing to be
considered for award pursuant to the RFQ.
CONCLUSION
The recent photometric analysis of the City lighting indicated that certain improvements are needed
to address deficiencies in how certain City areas are illuminated. In addition, the emerging fields of
technology under the umbrella known as "Smart City" provide some exciting possibilities for
addressing the lighting improvements in a proactive and future-driven manner, as well as possibly
moving towards the ultimate goal of an interconnected City. Finally, many of the Smart City
technology providers have deployed solutions to engage both residents and staff, through the use of
computerized maintenance management systems (CMMS), to better manage and maintain these
systems. For all of these reasons, I have determined that this project, with its current and future
opportunities to maximize services to residents, while simultaneously assisting staff in improving the
effectiveness and efficiency of City street lighting and Smart City operations, is an incredibly
•
important project for the Administration.
Because of the potential impact of this project,following the Evaluation Committee's initial review of
proposals, I requested each proposer to make presentations of each team's qualifications and project
approach as part of my due diligence in making an award recommendation to the City Commission. I
found this to be an important step in my due diligence because the RFP clearly indicates that,
despite the results of the Evaluation Committee process, my recommendation to the City Commission
may differ from the proposer ranking resulting from the Evaluation Committee's review of proposals.
The sessions were informative and highlighted important aspects of both qualifications of the firms
and each team's approach to the project. While, in the end, my recommendation does differ
somewhat from the rankings of the Evaluation Committee, I do believe that cry recommendation is
consistent with what a project of this sort will require to be successful and what I believe are the
demonstrated experiences and qualifications of each proposer to move the City forward with
improved lighting, proven Smart City technologies,and resident engagement.
After review of the proposals and considering the presentations provided by each firm, I concur with
the Evaluation Committee and find Johnson Controls to be the best qualified firm for the project.
Johnson Controls is already a lead provider in Smart Building technologies, and is proving itself as
leader in emerging field of Smart City technologies. The firm, in my opinion, presented the most
comprehensive qualifications package for today's needs, including lighting improvements around the
City, as well as creating a vision for a Smart City future. In addition to its experience In lighting
improvement projects, Its proposal has well documented its team's experience including some of the
following highlights:
• a well-rounded team of experts in lighting master plans and improvements, the engineering
expertise of CH2M, networking services provided by Hotwire Communications, and a careful
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consideration of the importance of public outreach with the assistance of Infinite Source
Communications;and
• proven experience in similar large scale street lighting projects (the City is contemplating
approximately 8,200 lighting units); and
• a careful consideration of the environmental impacts of such a project, including the impact •
to sea turtle habitats; and •
• a clear understanding of the Importance of public outreach and engagement utilizing local
experts, including public outreach professionals currently leading public outreach for the Miami
Beach Convention Center renovation project;and
• experience in a delivering a number of projects through public/private financing options that
could provide the City with fundinglfinancing options.
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With respect to second and third ranked proposers, my recommendation differs from the Evaluation lli
Committee's ranking. The Evaluation Committee has ranked Miami Beach Stree, Lighting Partners
and Citelum US, Inc. as the second and fifth ranked proposers,respectively.While they are both well
qualified firms, it is my opinion that the Citelum proposal has provided a combination of qualifications
and technological approach that are better suited for the City's requirements and world-class
reputation, Including:
• proven experience and an understanding of the demands and expectations of working on •
lighting projects for world class cities(including Copenhagen, Paris, Madrid and Bordeux); and
• a valuable partnership with Cisco Systems, a leading provider of technology infrastructure
solutions for the Smart City functionalities; and
• a careful consideration of the importance of aesthetics, both in street light and other artistic
lighting projects; and
• a robust CMMS portal for customers/residents to report issues and to assist staff in managing
maintenance of assets.
I would also note that Roy Coley, Public Works Department Assistant Director, who oversees street
lighting operations, has also ranked Citelum as the second ranked proposer.
Miami Beach Street Lighting Partners also provided a good set of qualifications,including:
• a well detailed maintenance plan; and
• an understanding of the importance of stakeholder communications;and
• a well-qualified team of individual firms.
However, several areas of Miami Beach Street Lighting Partners raised a number of concerns for a
complex and, possibly, longer term project such as this one. Primarily, the proposal, submitted by a
consortium of five (5) individual firms, was unclear as to which firm would be the City's primary
partner responsible for successful deployment of the project(s). While the RFQ does not specifically
prohibit this sort of joint venture, in this case I find the combination of so many firms acting as primary
partners with the City not to be advantageous to the overall success of the project. Further to this
point, in its proposal Miami Beach Street Lighting Partners has indicated that the City's lead or main
point of contact will change throughout the phases of the project.At one time during the presentation,
the team did state that the overall lead firm for the project would be Star America, the
finance/developer team member. However, this appears lo deviate from what the team originally
stated In its proposal indicating that there would be several team firms that would be interacting with
the City, either solely or simultaneously. The lack of clarity in this area raises concerns for the ability
of so many team members to deploy a project successfully, and for the City to hold a single party
accountable.
Additionally, while all team firms appear to be individually qualified, the issues raised above are
especially concerning since It is difficult to ascertain the number of similar projects that the firms
constituting Miami Beach Street Lighting Partners have successfully completed as a team. From its
proposal, it appears that four of the five team member firms have collaborated together on only one
project.
For the reasons stated herein, I recommend that the Mayor and Clty Commission approve the
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Resolution authorizing the Administration to enter into negotiations with Johnson Controls, Inc., as
the top ranked proposer; and, should negotiations with Johnson Controls, Inc., fail, authorizing the
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Administration to enter into negotiations with Citelum US, Inc., as the second highest ranked
proposer; and, should negotiations with Citelum US, Inc., fall, authorizing the Administration to enter
into negotiations with Miami Beach Street Lighting Partners, as the third highest ranked proposer;
further, authorizing the Mayor and City Clerk to execute the agreement with the successful firm.
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